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

Vol. 157 WASHINGTON, TUESDAY, APRIL 12, 2011 No. 53 House of Representatives The House met at noon and was The Iraqis showed in their nocent people and empowering the called to order by the Speaker pro tem- attack. They used live ammunition Governments of Iran and to harm pore (Mr. FLEMING). against these people who could not de- them. They are on our side. They op- f fend themselves. They ran over these pose the evil dictator in Iran. citizens, smashing them with their This is just another example of the DESIGNATION OF SPEAKER PRO American-made Humvees. Reports in- inconsistency the United States pre- TEMPORE dicate an estimated 300 people were in- sents with our foreign policy. In one The SPEAKER pro tempore laid be- jured and 33 people were murdered in breath we say publicly we need to pro- fore the House the following commu- their vicious attack. tect Camp Ashraf. Yet in the second nication from the Speaker: And it doesn’t stop there. Iraqi sol- breath we won’t take MEK off the For- WASHINGTON, DC, diers still occupy parts of Camp Ashraf. eign Terrorist Organizations list. April 12, 2011. We don’t even know if the attackers Fifty-four of my colleagues have I hereby appoint the Honorable JOHN are all Iraqis. It has been reported that joined me on a resolution urging the FLEMING to act as Speaker pro tempore on some of these occupiers could be Ira- Secretary of State to immediately re- this day. nian agents who seek to harm the Ira- move the MEK from the FTO list. The JOHN A. BOEHNER, nian dissidents living in this camp. State Department has yet to give con- Speaker of the House of Representatives. The international community cannot vincing evidence that the MEK is an f tolerate this unprovoked, violent at- FTO. It is time they make their case or MORNING-HOUR DEBATE tack by the Government of Iraq. We remove them from the designation. have a legal and moral obligation to Failure to do this sends mixed sig- The SPEAKER pro tempore. Pursu- ensure the safety of Iranian dissidents nals to both the Iranian and Iraqi Gov- ant to the order of the House of Janu- in Camp Ashraf. ernments. These governments think ary 5, 2011, the Chair will now recog- The innocent people who live in they have a license to kill these dis- nize Members from lists submitted by Camp Ashraf continue to be in danger sidents. the majority and minority leaders for as we speak. It has been reported that This is a matter of life or death for morning-hour debate. the Government of Iraq blocked the de- the people in Camp Ashraf. If more The Chair will alternate recognition livery of American humanitarian aid to Iraqi attacks occur against these peo- between the parties, with each party the wounded until Sunday, 2 days after ple, the blood will be on the hands of limited to 1 hour and each Member the attack. And just yesterday the the Iraqi Government and the little ty- other than the majority and minority Iraqi Government announced that they rant of the desert, Ahmadinejad. leaders and the minority limited plan to close Camp Ashraf and move its We must make it clear to the Iraqis to 5 minutes each, but in no event shall residents out of the country. This is ex- that they do not have the right to at- debate continue beyond 1:50 p.m. actly what Ahmadinejad wants. tack Camp Ashraf just because Amer- f If this happens, Mr. Speaker, these ica is leaving town. We must not tol- ATTACK ON CAMP ASHRAF people’s lives are in total danger. Why? erate these crimes against innocent ci- Right now, some citizens of Camp vilians that we have legally and mor- The SPEAKER pro tempore. The Ashraf are members of the MEK. The ally promised to protect. Chair recognizes the gentleman from MEK is on the United States’ list of And that’s just the way it is. (Mr. POE) for 5 minutes. Foreign Terrorist Organizations. f Mr. POE of Texas. Mr. Speaker, last The FTO organization designation by week Iraqi forces unleashed a surprise the United States is still being used by REPUBLICAN PATH TO THE PAST attack on Camp Ashraf, the home of Iran to justify the harsh treatment of The SPEAKER pro tempore. The thousands of Iranian exiles, including its own citizens, of the MEK worldwide. Chair recognizes the gentleman from innocent men, women and children; Many nations have already removed Virginia (Mr. CONNOLLY) for 5 minutes. 2,500 members of the Iraqi military, the MEK off the FTO list. So the Gov- Mr. CONNOLLY of Virginia. Mr. armed with military weapons, attacked ernment of Iran uses our designation as Speaker, the Republican budget for fis- those 3,000 unarmed Iranian exiles. a justification to harm the MEK citi- cal year 2012 that the House will take These Iranian civilians are pro-Amer- zens. That is why the Iranian Govern- up later this week is not a Path to ican. They are exiles from Iran because ment praised the attack in Camp Prosperity. Rather, it is more accu- of their opposition to the evil dictator, Ashraf on the Iranian dissidents. rately a Path to the Past. the little tyrant of the desert, Mr. Speaker, by not taking the MEK Just like President Bush’s ill-fated Ahmadinejad. off the FTO list, we are endangering in- attempt to privatize Social Security,

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 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12AP7.000 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2578 CONGRESSIONAL RECORD — HOUSE April 12, 2011 the Path to the Past eviscerates Medi- 1 percent. During the height of the spent $56.1 billion in Afghanistan since care, forcing retirees to bear the brunt Great Recession, for several months, 2002.’’ of cost increases and severely jeopard- 700,000 Americans lost their jobs. Mr. Speaker, let me remind the Con- izing their access to health care, re- According to Mark Zandi, an econo- gress and the American citizens that placing today’s guaranteed access with with Moody’s Analytics and an the Taliban are killing and maiming a limited voucher system. adviser to Senator MCCAIN’s Presi- American soldiers and marines. It is Today, thanks to Medicare, every one dential campaign, those policies would time that this Congress debate the Af- of America’s senior citizens has access cost American workers another 700,000 ghan war and to bring our troops home. to health care coverage. Before Medi- jobs. The Economic Policy Institute Here we are talking about cutting care was enacted in 1965, roughly half projected a loss of 800,000 jobs, while spending for programs that help the of all seniors suffered without health the Center for American Progress said American people, but yet we continue insurance. The Path to the Past would it will cost 900,000 jobs. That’s a past to send billions and billions of dollars send American seniors back to the America does not want to go back to. to a corrupt leader. It doesn’t make times of scrambling to find coverage The Republican budget proposal, the sense. Mr. Speaker, we could save while always worrying how they will be Path to the Past, returns us to the law American lives, which is the most im- able to afford rising health care costs of the jungle and the survival of the portant, but also $8 billion a month if on fixed incomes. fittest, throwing the young, the elder- we were to bring our troops home from The Republican Path to the Past ly, the sick, and the disadvantaged on Afghanistan. brings back the doughnut hole in Medi- their own fates. Mr. Speaker, I will continue to come care part D prescription drug coverage. That’s not an America I believe in. to the floor once a week, and I will Under the doughnut hole, many seniors f bring photographs in the way of post- have been forced to pay thousands of ers to remind the American people and dollars out of pocket for prescription b 1210 my colleagues in Washington of the medication because they weren’t cov- AFGHANISTAN price of war. Right beside me now is ered by part D. the Air Force Honor Guard at Dover I was proud to fix that inequity and The SPEAKER pro tempore. The bringing a hero home in a transfer eliminate the doughnut hole during the Chair recognizes the gentleman from case, which is known as a coffin as previous Congress. Unfortunately, the North Carolina (Mr. JONES) for 5 min- well, flag draped. Republican Path to the Past brings it utes. Mr. Speaker, it is time for this Con- back once again, requiring many sen- Mr. JONES. Mr. Speaker, as many gress to debate the issue of bringing iors to pay thousands of dollars extra people know, and I do not say this with our troops home from Afghanistan. for their prescription drugs. That’s a pride, but for years, I’ve been signing How much longer can we afford to give past Americans don’t want. letters to the immediate and extended lives of our young Americans to a cor- The Republican Path to the Past de- families of those killed in Afghanistan rupt leader? It makes no sense. I want stroys Medicaid, replacing it with a and Iraq. I have signed over 9,966 let- my colleagues in both parties to awak- vastly limited monetary grant to the ters. It is a constant reminder to me of en. States, forcing them to either reduce the high cost of war. JIM MCGOVERN, Democrat, and WAL- benefits to lower-income families or to Our country is in deep financial trou- TER JONES, a conservative, will soon reduce the number of eligible families ble. It continues to amaze me that we have a bill that we will put on the floor or both. Currently, 34 million children would raise the debt ceiling, spend to debate bringing our troops home. I receive health care through Medicaid. money we don’t have and cut much- want the American people to join us in From 1997 to 2009, the percentage of needed programs from our seniors and bringing our troops home. children without health insurance children while we continue to spend $8 Mr. Speaker, as I do always when I dropped from 13.9 percent to 8.2 per- billion a month in Afghanistan. close, I will ask God to please bless our cent, largely because of Medicaid. The Karzai is a corrupt leader. His gov- men and women in uniform. I will ask Republican Path to the Past risks the ernment is corrupt. He has stated that God to please bless the families of our future of millions of America’s chil- he would rather side with the Taliban men and women in uniform. I will ask dren by risking that health care cov- than the United States. This is based God in His loving arms to hold the fam- erage. That’s a past America does not on an article in the Washington Post ilies who have given a child dying for want. on December 8, 2010. What sense does it freedom in Afghanistan and Iraq. The Path to the Past incredulously make to sacrifice our young American And, Mr. Speaker, I will ask God to blames rising college tuition on efforts lives, our money and our resources for please bless the House and Senate that to make Pell Grants more accessible to a man who does not want our troops in we will do what is right in the eyes of kids and would return the Nation to a his country? It simply does not make God for the American people. And I system where only the wealthy can af- any sense at all. will ask God to give wisdom, strength ford college. Contrary to what the Re- According to a March 15 Washington and courage to President Obama that publican budget states, college tuition Post/ABC News Poll, 73 percent of he will do what is right in the eyes of costs have been rising long before the Americans want our troops out of Af- God for His people. expansion of Pell Grants. ghanistan this summer. Last week, And I will close by asking God three In fact, from 2002 to 2007, tuition every Member of Congress received an times, please God, please God, please costs rose 31 percent more than the Associated Foreign Press article from God, continue to bless America. rate of inflation, the worst 5-year in- Congressman PETER WELCH. I do not f crease in college costs in over 30 years. have time to read the whole article, In response, last year we reformed but let me share some excerpts from THE REPUBLICAN BUDGET the student loan program, expanded his letter to each of my colleagues and The SPEAKER pro tempore. The the Pell Grant program, and allowed his colleagues, and I will quote the let- Chair recognizes the gentleman from hundreds of thousands of students the ter from Congressman WELCH. Oregon (Mr. BLUMENAUER) for 5 min- ability to make higher education more ‘‘I want to draw your attention to a utes. affordable. The Republican Path to the recent Associated Foreign Press article Mr. BLUMENAUER. Mr. Speaker, Past returns the Nation to the years of detailing the funneling of USAID dol- Congress this week will focus on the rising tuition without any relief. lars to the Afghan Taliban, reportedly Ryan Republican budget, probably the That’s a past America does not want. making Western reconstruction funds most profoundly negative and cynical The Republican Path to the Past ig- the main source of income for insur- plan ever advanced by a major party in nores the economic recovery under way gents. the House of Representatives. and indiscriminately slashes invest- ‘‘According to the story, an esti- There are lots of individual analyses ments in ways that Goldman Sachs mated 10 percent of the cost of every that are available to Americans, not said will lower economic growth by 2 development project is used to pay off from spin masters, but from serious percent and increase unemployment by the Taliban. The United States has journalists and analysts. I strongly

VerDate Mar 15 2010 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.003 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2579 hope that people will take the time to with prevention programs to keep peo- It is a goal worth pursuing, and I’d look at it. They will find in the course ple healthy in the first place. What a like to commend Triscuit, the 109-year- of their research that there are a num- sad state when one of the first actions old cracker brand manufactured in my ber of very fundamental flaws. of this Congress is to repeal this bipar- congressional district, and the home First and foremost, there is no funda- tisan concept of a prevention and pub- farming movement for helping to show mental reform of our defense spending, lic health fund. Americans how easy it is to grow fresh something that is driving the deficit f vegetables and herbs right in their own dramatically. We sidestep opportuni- backyard. RECOGNIZING HOME FARMING ties to reform agricultural programs. It I’d like to congratulate Urban Farm- DAY actually takes us backwards on health ing and their partners on their success care. And there are $4 trillion of pro- The SPEAKER pro tempore. The in expanding Home Farming Day gram cuts over the next 10 years, fall- Chair recognizes the gentlewoman from across the country, encouraging com- ing primarily on low- and moderate-in- Illinois (Mrs. BIGGERT) for 5 minutes. munities to utilize open spaces to bring come Americans. It is a hypocritical Mrs. BIGGERT. Mr. Speaker, I rise fresh ingredients to our homes. approach. today to recognize Home Farming Day, f Last year, Americans were given tel- an initiative launched by the nonprofit HOME RULE evision ads from Republican candidates organization Urban Farming in part- accusing Democrats of slashing Medi- nership with the Kraft Foods Triscuit The SPEAKER pro tempore. The care for senior citizens. Now we see brand. The event celebrates those who Chair recognizes the gentlewoman from that the Republicans are taking all of are growing food at home or with their the District of Columbia (Ms. NORTON) those proposed slashes in spending and communities and, in turn, nurturing for 5 minutes. using it to finance their program to re- and inspiring healthier eating habits Ms. NORTON. Mr. Speaker, I come to duce taxes for those who need it the nationwide. the floor today to celebrate the 41 Dis- least. Last year, the first Home Farming trict of Columbia elected officials and In addition, people will be able to Day resulted in the planting of 50 new residents led by Mayor Vincent Gray verify that senior citizens, starting in farms in unused urban spaces in 20 cit- and five members of the D.C. City 2020, will be bearing a far greater bur- ies. I was pleased that my office could Council who were arrested in front of den for paying for their own Medicare participate in the groundbreaking on the Hart Senate office building yester- than ever in the Affordable Care Act in one of those gardens in my congres- day evening, and hundreds of other any of the reforms. It replaces a steep sional district. residents who gathered to protest their This year, Triscuits and Urban Farm- curve of increased Medicare spending, second-class treatment as American ing plan to replant all 50 gardens and citizens by the Republican House, the no doubt about it. That’s why in the add 15 new farms throughout the coun- Democratic-led Senate, and the admin- Affordable Care Act we embedded re- try, totaling 65 community-based home istration. form proposals to bend that cost curve. farms. Food grown at these community The 2011 continuing resolution due on It’s replaced without proposals to re- farms goes directly to the volunteers the floor this week contains a sinister duce Medicare spending. It just simply who grow the crops, along with their trade that takes the District of Colum- slashes the support that seniors can families and communities. Volunteers bia’s self-governing rights to spend its get. It’s replaced with the much great- can also donate to local food banks for own local funds on abortion services er cost curve increase for private insur- those that are in need. for poor women, as many jurisdictions ance. Their approach is to give a In my home district, crops are deliv- have long done. The CR also funds the voucher to insurance companies to pro- ered to the Loaves and Fishes Commu- start-up of a new, private school vouch- vide insurance for senior citizens for nity Pantry in Naperville, Illinois, er program but only in D.C., about health care. where they provide low-income fami- which no local elected official was con- Bear in mind, the reason we got lies with fresh, healthy meals. sulted. Medicare in the first place is because It is the House Republicans who have b 1220 senior citizens’ insurance policies were been on an undemocratic warpath not profitable. They couldn’t buy com- Mr. Speaker, from the White House against the District’s home rule. But prehensive health insurance in an af- to our own backyards and windowsills, yesterday, residents did not spare Sen- fordable fashion before Medicare. What more and more Americans are taking ate Democrats or the President who, in leads anybody to believe that somehow up the fun and healthy pastime of the end, accepted Republican demands. aging Americans are going to be more growing their own food. It is not unlike The House will hear from me again as attractive to the health insurance in- what many of our parents and grand- I try to remove these anti-home rule dustry in the future? And by replacing parents did during World War II when riders; but this body has repeatedly Medicare, which actually has reduced they planted 20 million ‘‘victory gar- turned a deaf ear to me on violations of cost increases below what it cost in the dens.’’ I can recall stealing into my the city’s most basic rights to local private health insurance company, you own mother’s victory garden to eat the control. are actually going to increase overall raspberries and gather crops of rhu- Congress continually and summarily health care costs. barb, squash, and tomatoes. refused my bill and several amend- But nowhere is that cynicism more In fact, home gardening already is an ments to allow the District to spend its evident than in a bill that is coming to activity that most Americans enjoy. A own local funds to avoid a shutdown of the floor, I think tomorrow, the legis- 2010 Garden Writers Association survey the city government that would have lation to end the Prevention and Pub- found that 66 percent of Americans occurred with a Federal shutdown, lic Health Fund under the Affordable have some form of lawn or garden, and even though only our local funds were Care Act. Already in States like mine younger Americans between the ages of involved. we’ve received millions of dollars for 25 and 40 are now gardening at the Yesterday, however, Congress and prevention activities and for wellness same rate as the general population. the country heard from the people clinics to help people stop smoking and And Home Farming Day is an oppor- themselves. House rules do not allow to improve the training of health pro- tunity to encourage that trend, espe- Members to organize demonstrations, fessionals. These are investments to cially among young people in urban and yesterday’s spontaneous out- help make Americans healthier in the communities where fresh fruits and pouring of citizens, where I was not first place and reduce the demand for vegetables may be less available. present, showed why the people must health care costs. Whether on a kitchen countertop, in always speak for themselves. D.C. Vote There was a time, Mr. Speaker, when a balcony flower box, or at a commu- organized yesterday’s dem- prevention was a bipartisan issue. In nity plot, home farming is a great way onstration in a couple of days; and resi- fact, in our deliberations in the Ways for people of all ages to celebrate nat- dents poured onto Constitution Ave- and Means Committee in last Congress, ural living, and treat themselves to nue, anxious for an outlet for their ac- people on both sides of the aisle were some fresh fruits and vegetables while cumulated outrage at being traded on a talking about the need to help deal they’re at it. congressional auction block.

VerDate Mar 15 2010 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.012 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2580 CONGRESSIONAL RECORD — HOUSE April 12, 2011 Yesterday, the House, the Senate, THE JOURNAL control spending. Former Senator Phil and the administration heard the The SPEAKER pro tempore. The Gramm of Texas pointed out that Re- voices and saw the faces of our city. Chair has examined the Journal of the publicans agree that families and na- The House may disagree with the views last day’s proceedings and announces tions should always honor their debts; of our American citizens on women’s to the House his approval thereof. but in so doing, they should also make constitutional reproductive rights, but Pursuant to clause 1, rule I, the Jour- sure they don’t pile up new debt. For no American would sanction congres- nal stands approved. Congress, it means passing budget re- sional mandates on how our local citi- Mr. WOMACK. Mr. Speaker, pursuant forms that impose hard and enforceable zens may spend the local taxes they to clause 1, rule I, I demand a vote on limits on new spending and debt. Republicans and Democrats should raise. The Speaker may favor private agreeing to the Speaker’s approval of work together truly to protect senior school vouchers, but no American the Journal. citizens, younger generations, and to would agree that his preference should The SPEAKER pro tempore. The create jobs. Specific reforms are needed override a city’s local decision for pub- question is on the Speaker’s approval lic charter schools as the alternative to to protect American families. of the Journal. In conclusion, God bless our troops, our private schools. The question was taken; and the The House may continue to ignore and we will never forget September the Speaker pro tempore announced that 11th in the global war on terrorism. me; but yesterday D.C. elected officials the ayes appeared to have it. and residents, like millions of others Mr. WOMACK. Mr. Speaker, on that I f throughout the world, showed that the demand the yeas and nays. GOVERNOR HALEY BARBOUR people will not be ignored forever. The yeas and nays were ordered. SPEAKS AT CONGRESSIONAL I will offer a separate statement in- The SPEAKER pro tempore. Pursu- HEALTH CARE CAUCUS cluding the names of the residents and ant to clause 8, rule XX, further pro- (Mr. BURGESS asked and was given officials who were arrested, with grati- ceedings on this question will be post- permission to address the House for 1 tude. poned. minute and to revise and extend his re- f f marks.) Mr. BURGESS. Mr. Speaker, today PLEDGE OF ALLEGIANCE RECESS the Congressional Health Caucus was The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Will the joined by Governor Haley Barbour from ant to clause 12(a) of rule I, the Chair gentleman from Arkansas (Mr. Mississippi as part of our ‘‘Thought declares the House in recess until 2 WOMACK) come forward and lead the Leaders Series.’’ His leadership in p.m. today. House in the Pledge of Allegiance. health care in his home State is an ex- Accordingly (at 12 o’clock and 25 Mr. WOMACK led the Pledge of Alle- ample of how States can take a more minutes p.m.), the House stood in re- giance as follows: prominent role and, in doing so, bend cess until 2 p.m. I pledge allegiance to the Flag of the the cost curve in the correct direction. United States of America, and to the Repub- In the last fiscal year, Medicaid, f lic for which it stands, one nation under God, which is a joint Federal and State pro- b 1400 indivisible, with liberty and justice for all. gram, cost our country more than $400 f billion, and the price is only expected AFTER RECESS REMOVAL OF NAME OF MEMBER to increase in the years to come. Gov- The recess having expired, the House AS COSPONSOR OF H.R. 1093 ernor Barbour has been a leader in was called to order by the Speaker pro transforming Medicaid in his home Mr. KING of . Mr. Speaker, I ask tempore (Mr. POE of Texas) at 2 p.m. State. He has made commonsense deci- unanimous consent to remove the sions to reduce rising drug costs to en- f name of the gentleman from California sure that people who are enrolled in (Mr. HUNTER) from H.R. 1093. It was PRAYER the program are, indeed, eligible for added inadvertently due to a clerical the program. Coordinated care and in- The Chaplain, the Reverend Daniel P. error. creased compliance all have led to im- Coughlin, offered the following prayer: The SPEAKER pro tempore. Is there proved outcomes. Together, let us take the words of objection to the request of the gen- The Patient Protection and Afford- Daniel Webster, which hang high over tleman from Iowa? able Care Act will only compound the the Speaker’s chair, and make them There was no objection. financial problems that States are fac- our own solemn prayer today. f ing. In 2014, States will see their Med- Lord God, let our age be the age of REAL REFORM NOW icaid enrollments grow substantially improvement. In a day of peace, let us when all people below 138 percent of advance the arts of peace and the (Mr. WILSON of South Carolina the Federal poverty level will be cov- works of peace. asked and was given permission to ad- ered. It is essential that we examine Let us develop the resources of our dress the House for 1 minute and to re- this and other parts of the Affordable land, call forth its powers, build up its vise and extend his remarks.) Care Act to ensure that our States are institutions, promote all its great in- Mr. WILSON of South Carolina. Mr. not pushed into an even deeper budg- terests, and see whether we also, in our Speaker, remarkably, the reliably etary . day and our generation, may not per- Democratic Washington Post, in a lead form something to be remembered. editorial last week, quoted Senator f Let us cultivate a true spirit of union in 2006 as saying, ‘‘The SPENDING-DRIVEN DEBT CRISIS and harmony. Let our conception be fact that we are here today to debate (Ms. FOXX asked and was given per- charged and enlarged to the circle of America’s debt limit is a sign of leader- mission to address the House for 1 our duties. Let us extend our ideas over ship failure. Washington is shifting the minute.) the whole of the vast field in which we burden of bad choices today onto the Ms. FOXX. Mr. Speaker, $14.4 tril- are called to act. Let our object be our backs of our children and grand- lion, that’s the approximate size of our country, our whole country, and noth- children.’’ Nation’s economy; $14.2 trillion, that’s ing but our country. Today, President Obama is warning the size of our Nation’s debt—a record And by Your blessing, Almighty God, that the debt limit must be passed or high and growing. Soon our debt will may that country, itself, become a vast there will be economic . surpass our economy. Let’s be clear: No and splendid monument, not of oppres- Sadly, it is more clear than ever that nation that deep in the red can lead as sion and terror, but of wisdom, of reckless government borrowing is out it must or go on living as it wishes for peace, and of liberty upon which the of control with the President proposing very much longer. world may gaze with admiration for- a nightmare of endless borrowing. Our spending-driven debt crisis is ever. For a debt limit increase, there adding serious uncertainty to our econ- Amen. should be real reforms to end out-of- omy, which is preventing businesses

VerDate Mar 15 2010 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.010 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2581 from expanding, innovating, and cre- GENERAL LEAVE throughout the rest of the year. In ating jobs. Admiral Mike Mullen, the Mr. KELLY. Mr. Speaker, I ask unan- fact, multiple events to honor Presi- Chairman of the Joint Chiefs of Staff, imous consent that all Members may dent Reagan’s role in the fall of the So- has rightly called our debt ‘‘the single have 5 legislative days within which to viet Union are scheduled this summer greatest threat to our national secu- revise and extend their remarks and in- in Europe. Here in the United States, a rity.’’ clude extraneous material on the bill Joint Meeting of Congress may take If we want to bring confidence back under consideration. place this fall, and numerous other to our economy, jobs back to our citi- The SPEAKER pro tempore. Is there events will take place at the State and zens and hope back to our children’s fu- objection to the request of the gen- local levels all over our country. ture, we have to stop spending money tleman from Pennsylvania? Mr. Speaker, the Commission is cur- that we don’t have. It is time for the There was no objection. rently scheduled to terminate on May Senate Democrats to stand up and join Mr. KELLY. I yield myself such time 30 of this year, and this bill simply this fight. as I may consume. moves that date to December 31. In ad- f Mr. Speaker, H.R. 1308 was intro- dition, H.R. 1308 moves the Commis- duced by the gentleman from Cali- sion’s final report deadline from the RECESS fornia (Mr. GALLEGLY) and is a 30th of this month to November 30. The SPEAKER pro tempore. Pursu- straightforward bill to amend the Ron- Changing these dates would ensure ant to clause 12(a) of rule I, the Chair ald Reagan Centennial Commission Act that the Commission can help entities declares the House in recess until ap- by extending the Commission’s termi- and groups all over the world deliver proximately 5 p.m. today. nation date, as well as the Commis- high-quality and fitting events to cele- Accordingly (at 2 o’clock and 10 min- sion’s final report deadline. brate the life of a truly great leader utes p.m.), the House stood in recess In June 2009, President Obama signed and man. until approximately 5 p.m. Public Law 111–25 to establish the Ron- Mr. Speaker, I reserve the balance of f ald Reagan Centennial Commission. my time. The purpose of the Commission was, Mr. DAVIS of Illinois. I yield myself b 1700 and is, to plan, develop, and carry out such time as I may consume. AFTER RECESS activities that are both fitting and Mr. Speaker, I rise today in support The recess having expired, the House proper to honor the memory of our late of H.R. 1308, a bill to amend the Ronald was called to order by the Speaker pro great President. Reagan Centennial Commission Act. tempore (Mr. POE of Texas) at 5 p.m. President Reagan was born on Feb- The bill would extend the termination ruary 6, 1911, and 2011 marks the 100th f date of the Commission by 7 months. anniversary of his birth. Furthermore, The Commission Act, ANNOUNCEMENT BY THE SPEAKER the Commission was also tasked with which became law in the last Congress, PRO TEMPORE being a crucial resource to Federal, created a Federal commission to honor The SPEAKER pro tempore. Pursu- State, and local government agencies and celebrate the 100th anniversary of ant to clause 8 of rule XX, the Chair as well as private groups as they go the birth of Ronald Reagan. The Com- will postpone further proceedings about planning and conducting events mission is composed of Senators, Mem- today on motions to suspend the rules to honor President Reagan. bers of Congress, and other government on which a recorded vote or the yeas Mr. Speaker, H.R. 1308 is a very sim- officials, including the Archivist of the and nays are ordered, or on which the ple bill that extends the life of the United States. vote incurs objection under clause 6 of Reagan Commission, and, unlike many Importantly, in these challenging fis- rule XX. prior Presidential commissions, costs cal times, no Federal funds may be ex- Record votes on postponed questions the American taxpayer absolutely pended by the Commission to carry out will be taken after 6:30 p.m. today. nothing. Mr. Speaker, I want to be very its duties. Mr. Speaker, the Commis- f clear. The Reagan Commission does sion has been functioning for only 9 not receive a single penny of taxpayer months, and there are important inter- EXTENDING RONALD REAGAN dollars. The original bill and subse- national and domestic events planned CENTENNIAL COMMISSION quent law prohibited the use of tax- for this summer and fall commemo- Mr. KELLY. Mr. Speaker, I move to payer money from going to the Com- rating President Reagan in which the suspend the rules and pass the bill mission, and this bill does not alter Commission’s participation would be (H.R. 1308) to amend the Ronald that provision in any way, shape, or beneficial. Reagan Centennial Commission Act to form. As such, I have no objection to the extend the termination date for the The Commission has and continues bill before us, which extends the termi- Commission, and for other purposes. to operate solely on private dona- nation date of the Commission from The Clerk read the title of the bill. tions—something I’m sure Mr. Reagan, May 31, 2011, to the end of the year, and The text of the bill is as follows: as a careful steward of taxpayer I would urge Members to vote for this H.R. 1308 money, would himself have been glad measure. Be it enacted by the Senate and House of Rep- to hear. I reserve the balance of my time. resentatives of the United States of America in The purpose of H.R. 1308 is to allow Mr. KELLY. I thank my colleague Congress assembled, the hardworking staff and members of from Illinois. I appreciate that. SECTION 1. RONALD REAGAN CENTENNIAL COM- the Commission the opportunity to Mr. Speaker, I yield such time as he MISSION ACT AMENDMENTS. continue to provide their expertise and may consume to my colleague from the (a) FINAL REPORT DUE DATE.—Section 7(c) assistance as entities and groups all great State of California, the sponsor of the Ronald Reagan Centennial Commis- over the world continue to honor Presi- of this bill and a member of this sion Act (Public Law 111–25; 36 U.S.C. 101 dent Reagan. note prec.) is amended by striking ‘‘April 30, Reagan Commission, Mr. GALLEGLY. 2011’’ and inserting ‘‘November 30, 2011’’. The Commission has already played a Mr. GALLEGLY. I thank the gen- (b) TERMINATION.—Section 8 of the Ronald major role in celebrations at the tleman for yielding. Reagan Centennial Commission Act (Public Reagan Library on the President’s Mr. Speaker, I rise today in support Law 111–25; 36 U.S.C. 101 note prec.) is birthday and has worked to establish a of H.R. 1308, legislation to extend the amended by striking ‘‘May 30, 2011’’ and in- yearlong exhibit at the National Ar- termination date for the Ronald serting ‘‘December 31, 2011’’. chives. Even the floor statements given Reagan Centennial Commission. The SPEAKER pro tempore. Pursu- by Members in this Chamber back in The work of the Ronald Reagan Cen- ant to the rule, the gentleman from February were organized by the tennial Commission is not quite fin- Pennsylvania (Mr. KELLY) and the gen- Reagan Commission. ished. That’s why this legislation is tleman from Illinois (Mr. DAVIS) each While the Commission has contrib- needed to extend the commission will control 20 minutes. uted much to events and ceremonies through December 30 of this year, al- The Chair recognizes the gentleman over the past few months, many more lowing the Commission to deliver addi- from Pennsylvania. celebrations and events are planned tional events for the public.

VerDate Mar 15 2010 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.009 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2582 CONGRESSIONAL RECORD — HOUSE April 12, 2011 Extending the Commission through one of the new members of the 2011 Ronald making reference to the ’shining city on the the end of 2011 will allow it to accom- Reagan Centennial Commission by Demo- hill’ as he so often did during his political ca- plish several goals—some includ- cratic Leader NANCY PELOSI. In that capacity, reer. He said: ing the support of official international I am aware of the great events scheduled to ‘‘I’ve spoken of the shining city all my polit- events occurring the week of June 27 in commemorate the life of President Reagan ical life, bat I don’t know if I ever quite com- Poland, Hungary, the Czech Republic, past the original dates Congress set forth in municated what I saw when I said it. But in my and the United Kingdom, possibly con- the Ronald Reagan Centennial Commission mind it was a tall, proud city built on rocks vening a joint session of Congress this Act. Passing H.R. 1308 today will extend the stronger than oceans, windswept, God- fall, coordinating a potential White timeline and allow for the appropriate comple- blessed, and teeming with people of all kinds House event, organizing a Capitol Vis- tion of these events. living in harmony and peace; a city with free itor Center exhibit, serving as a re- I worked with President Reagan prior to ports that hummed with commerce and cre- source for Federal Government centen- serving in Congress when I worked in the ativity. And if there had to be city walls, the nial activities, and supporting State United States Border Patrol. During his admin- walls had doors and the doors were open to Reagan centennial commissions. istration, I served as Sector Chief for the anyone with the will and the heart to get here. Extending this Commission will re- McAllen Sector in south Texas, where I That’s how I saw it, and see it still.’’ quire, as my colleagues have said, no worked under one of the great leaders of the Mr. KELLY. I yield back the balance Federal funding. All funds needed are former Immigration and Naturalization Service, of my time. privately raised. Alan Nelson, who was appointed by President The SPEAKER pro tempore. The Reagan. question is on the motion offered by b 1710 While most Americans remember Ronald the gentleman from Pennsylvania (Mr. In conclusion, many other centennial Reagan for his unwavering optimism, his KELLY) that the House suspend the commissions have operated for longer sense of humor, and his unique ability to con- rules and pass the bill, H.R. 1308. periods with significant Federal fund- nect to a broad spectrum of Americans, what The question was taken. ing. Extending the Ronald Reagan Cen- I appreciated most about President Reagan The SPEAKER pro tempore. In the tennial Commission will provide more was his pragmatic approach to immigration opinion of the Chair, two-thirds being opportunities to commemorate rec- and border security. in the affirmative, the ayes have it. ognition of President Reagan. I want to President Reagan was at his best when he Mr. KELLY. Mr. Speaker, on that I thank Chairman ISSA and Ranking shared his idealism of an America that stood demand the yeas and nays. Member CUMMINGS, along with their as a shining city on a hill, a beacon of hope, The yeas and nays were ordered. staffs, for their assistance in helping and a place where people of all backgrounds The SPEAKER pro tempore. Pursu- bring this bill to the floor today. are welcomed. He reminded us of all that was ant to clause 8 of rule XX and the I also want to express my apprecia- great about America—a place where people Chair’s prior announcement, further tion to Speaker BOEHNER, Majority have for generations come here in search of proceedings on this motion will be Leader CANTOR, and Minority Leader a better life, often fleeing from oppression, postponed. persecution, and deprivation. PELOSI for all their help in bringing the f bill forward today. I urge my col- When America was faced with a growing leagues to support this legislation. wave of undocumented immigrants 25 years W. CRAIG BROADWATER FEDERAL Mr. DAVIS of Illinois. Mr. Speaker, I ago, he proposed common sense solutions to BUILDING AND UNITED STATES have no additional requests for time, I fixing the problem. He never demonized illegal COURTHOUSE reiterate my support for this measure, immigrants; he never belittled them, never Mr. CRAWFORD. Mr. Speaker, I and I yield back the balance of my used them as a scapegoat, and never blamed move to suspend the rules and pass the time. them for the Nation’s troubles. He never in- bill (S. 307) to designate the Federal Mr. KELLY. I yield myself such time flamed public opinion, and saw the good in Building and United States Courthouse as I may consume. people. His former speechwriter, Peter - located at 217 West King Street, Mar- Mr. Speaker, in closing, I want to son, once said: tinsburg, West Virginia, as the ‘‘W. leave this body with a simple, eloquent ‘‘He could picture—in his own mind’s eye, Craig Broadwater Federal Building and he could picture those little ships that the pil- quote from President Reagan. He once United States Courthouse’’. grims sailed in. He could picture the difficult, said: ‘‘The problem is not that people The Clerk read the title of the bill. oppressive conditions under which the Chi- are taxed too little. The problem is The text of the bill is as follows: nese were brought to California. He admired that government spends too much.’’ people for what they had gone through to S. 307 This week, as we consider the 2011 achieve better lives for themselves and their Be it enacted by the Senate and House of spending bill and move towards funding families in this country.’’ Representatives of the United States of America the government for 2012, I want to urge He even felt compassion and empathy for in Congress assembled, all Members to keep that in mind on those who had come here illegally. At the SECTION 1. DESIGNATION. The Federal building and United States both sides of the aisle, because it is en- signing ceremony for the Immigration Reform tirely fitting and proper that we honor courthouse located at 217 West King Street, and Control Act of 1986, President Reagan Martinsburg, West Virginia, shall be known his memory and his wishes as we go said: forward, and truly take this on, and do and designated as the ‘‘W. Craig Broadwater ‘‘The legalization provisions in this act will Federal Building and United States Court- it in a bipartisan manner, and do it in go far to improve the lives of a class of indi- house’’. a way that reflects the American peo- viduals who now must hide in the shadows, SEC. 2. REFERENCES. ple. without access to many of the benefits of a Any reference in a law, map, regulation, This is not about Republicans or free and open society. Very soon many of document, paper, or other record of the Democrats. This is about America and these men and women will be able to step into United States to the Federal building and America’s financial health as we go the sunlight and, ultimately, if they choose, United States courthouse referred to in sec- forward. I am urging all Members to they may become Americans.’’ tion 1 shall be deemed to be a reference to please back this and support this bill. While I did not agree with all of the Presi- the ‘‘W. Craig Broadwater Federal Building and United States Courthouse’’. Mr. REYES. Mr. Speaker, I rise to express dent’s policies, I admired and respected the my support for H.R. 1308 which extends the character of his discourse on immigration, and The SPEAKER pro tempore. Pursu- due date of the final report of the Ronald I believe we should all learn from his example. ant to the rule, the gentleman from Ar- Reagan Centennial Commission from April 30, As we mark this historic occasion and cele- kansas (Mr. CRAWFORD) and the gentle- 2011, to November 30, 2011; and the final ter- brate the life of President Ronald Reagan, I woman from Florida (Ms. BROWN) each mination date of the Commission from May hope all of us are inspired by President Rea- will control 20 minutes. 30, 2011, to December 31, 2011. gan’s ideals and the vision he had of an The Chair recognizes the gentleman The Ronald Reagan Centennial Commission America that embraced immigrants and the from Arkansas. was formed to commemorate the 100th anni- compassion he showed even to those who GENERAL LEAVE versary of President Ronald Reagan’s birth came here illegally. Mr. CRAWFORD. Mr. Speaker, I ask and to celebrate the life of our Nation’s 40th In his farewell address to the American peo- unanimous consent that all Members President. Earlier this year, I was appointed ple, President Reagan closed his speech by may have 5 legislative days within

VerDate Mar 15 2010 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.015 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2583 which to revise and extend their re- untimely death. Judge Broadwater’s learned from me, I can tell you that. marks and include extraneous material public service ran the gamut from his He was a very kind, supportive, gentle on Senate bill 307. time as a hearing examiner for the person, but also a very fair-minded and The SPEAKER pro tempore. Is there West Virginia Workers’ Compensation humble public servant. objection to the request of the gen- Fund, two terms as special prosecuting As we’ve heard, and I am going to re- tleman from Arkansas? attorney in Ohio County, West Vir- peat it, he served with distinction and There was no objection. ginia, and as a circuit judge in West honor to this country for over 40 years, Mr. CRAWFORD. I yield myself such Virginia. first as an Army lieutenant, later as a time as I may consume. In 1996, President Clinton appointed Federal court judge, and a brigadier Mr. Speaker, Senate bill 307 would Judge Broadwater to become a U.S. general for the West Virginia National designate the Federal building and District judge in the Northern District Guard. courthouse on West King Street in of West Virginia. During his nearly 10 b 1720 Martinsburg, West Virginia, as the W. years on the Federal bench, Judge Craig Broadwater Federal Building and Broadwater was well respected as a I know he was deployed the year be- United States Courthouse. A House smart, fair, and hardworking member fore he passed away very suddenly. He companion bill was also introduced by of the judiciary. came to West Virginia, where he at- the gentlewoman from West Virginia of Judge Broadwater’s service in the tended West Virginia University in the Transportation and Infrastructure military was just as impressive as his 1972, and he entered ROTC. It obviously Committee, and I want to thank her service to the judiciary. After serving made a large impression on his life, as for her leadership on this issue. as a member of Green Beret he stayed not only for 2 years as a mili- Judge Broadwater was a dedicated division of the U.S. Army during the tary officer, intelligence officer, but public servant, serving both as a Fed- latter stages of the , also retained his dedicated service to eral judge and as an assistant adjutant our country through the military general in the West Virginia Army Na- Judge Broadwater joined the National Guard in 1976, where he served continu- throughout his life. tional Guard. He was appointed to the He graduated from West Virginia Federal bench in 1996, after nearly 20 ously until his death. Not one to sit idly by when there was University in 1977, went into private years of legal service in private prac- practice as a practicing attorney until tice, as a hearing examiner for the work to be done, Judge Broadwater was recently deployed overseas in 2005 to 1983. He then became the circuit judge West Virginia Workers’ Compensation of the First Judicial Circuit in West Fund and as a special prosecuting at- support U.S. military operations in Iraq, as well as several other overseas Virginia and served in that capacity torney. from 1983 to 1996, where he then was ap- He was commissioned in the U.S. missions in support of U.S. combat op- pointed, as my colleague from Florida Army in 1972 after completing the erations. During his deployment to the said, by President Clinton on January ROTC program at West Virginia Uni- Horn of Africa, he oversaw the admin- 26, 1996, where he served until he passed versity. He served on active duty as a istration of personnel records issues for away December 18, 2006. military intelligence officer that in- Reservists and Guardsmen in addition He was a lieutenant in the U.S. Army cluded a tour in Korea. In 1976, Judge to oversight of the renovation of for 2 years. He joined the Army Na- Broadwater joined the West Virginia schools and medical clinics and the ad- tional Guard in 1976 as an operational Army National Guard as an oper- ministration of veterinary and civil detachment executive officer and, as I ational detachment executive officer programs. said, remained in the Guard the rest of and rose through the ranks to brigadier Judge Broadwater also was just as his life. general and his assignment as assistant active in his local West Virginia com- He was deployed several times. He adjutant general for installations and munity, where he was instrumental in was deployed as a battalion com- homeland defense in 2002. During his establishing the Veterans Center in mander from 1994 to 1996, where he led military service, he received countless Ohio County, where he served on the the battalion for service in Haiti dur- awards and decorations, including the facility’s advisory board. He also ing Operation Uphold Democracy. He Defense Superior Service Medal and served on various boards and commis- became a brigadier general during Op- the Bronze Star. sions in the legal community. I am impressed with his clear dedica- Judge Craig Broadwater died on De- eration Iraqi Freedom, and was mobi- tion as both a military officer and as a cember 18, 2006, at the age of 56 from lized in 2003 and in 2005 at the Horn of Federal judge. I think that it is appro- cancer, and he was laid to rest with full Africa. priate for us to honor his service to our military honors. This designation is a After serving, he was then sent to Nation and his memory by naming this fitting tribute to Judge Craig Djibouti, where he served as the deputy Federal building and courthouse after Broadwater, and I support the passage commanding officer. But what I would Judge Broadwater. I support passage of of S. 307, which honors his service to like to talk about are the several times this legislation and urge my colleagues our country. I urge my colleagues to that I actually got to meet and talk to do the same. join me in supporting this legislation. and get to know Craig Broadwater. He I reserve the balance of my time. I reserve the balance of my time. was very young when he was stricken Ms. BROWN of Florida. Mr. Speaker, Mr. CRAWFORD. Mr. Speaker, I quickly and taken from us and his fam- I yield myself such time as I may con- yield 5 minutes to the gentlewoman ily. He is missed, I know, every day in sume. from West Virginia (Mrs. CAPITO). their hearts and certainly in the hearts I rise in strong support of Senate bill Mrs. CAPITO. Mr. Speaker, I would of the eastern part of West Virginia. 307 and am pleased today to speak in like to thank my colleagues for bring- Being a Federal judge is, I think, not support of the bill that names the Fed- ing this forward and for their very only an awesome responsibility, it eral building located at 217 West King strong support of this measure. takes a special kind of person to do it Street in Martinsburg, West Virginia, I too rise today in support of S. 307, well, and Judge Broadwater did it well. as the W. Craig Broadwater Federal which will rename the Federal court- He was, as I said, kind, soft-spoken, Building and United States Court- house and the Federal building at 217 considerate, a great listener and very house. West King Street in Martinsburg, West respectful of all individuals, whether Judge W. Craig Broadwater was born Virginia for W. Craig Broadwater, as it you would be talking to the Governor August 8, 1950, and grew up in Paden will be designated as the W. Craig or whether you would be talking to the City, West Virginia. Judge Broadwater Broadwater Federal Building and person who is helping you keep your served as both an active district judge United States Courthouse. building in order during the evenings. in the Northern District of West Vir- Martinsburg is in the eastern pan- He loved his family, his State and his ginia and as assistant adjutant general handle of West Virginia, very close country. for installations and homeland defense here to Washington, D.C. It’s also part I know that by naming this court- for the West Virginia National Guard. of my district. Judge Broadwater was house and this Federal building for Judge Broadwater worked as a public one of my constituents. I learned more Judge W. Craig Broadwater, that those servant for almost 25 years before his from Judge Broadwater than he ever who serve in that building and in that

VerDate Mar 15 2010 01:39 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.018 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2584 CONGRESSIONAL RECORD — HOUSE April 12, 2011 courthouse will have an inspiration as consent that the Committee on House (3) Mr. Brady of Pennsylvania. they walk in. As they enter and see his Administration be discharged from fur- (4) Mr. Gonzalez. name on the front of the building, they ther consideration of Senate Joint Res- (b) JOINT COMMITTEE OF CONGRESS ON THE are going to realize that sacrifice of olution 8 and ask for its immediate LIBRARY.—The following Members are here- by elected to the Joint Committee of Con- yourself and of your family is some- consideration in the House. gress on the Library, to serve with the chair times what’s important in service to The Clerk read the title of the joint of the Committee on House Administration your country, to your State, to the resolution. and the chair of the Subcommittee on the law. He did this uncomplainingly, with The SPEAKER pro tempore. Is there Legislative Branch of the Committee on Ap- great humor, and deep respect for our objection to the request of the gen- propriations: country, our laws of fairness and jus- tleman from California? (1) Mr. Harper. tice. There was no objection. (2) Mr. Brady of Pennsylvania. I think for those folks, whether you The text of the joint resolution is as (3) Ms. Zoe Lofgren of California. are going in as a person who is a judge follows: The resolution was agreed to. or an attorney or somebody who is S.J. RES. 8 A motion to reconsider was laid on seeking representation, when you enter Resolved by the Senate and House of Rep- the table. the building that’s named for Judge resentatives of the United States of America in f Broadwater, you are going to feel like Congress assembled, That, in accordance with PERMITTING THE USE OF THE RO- you are going into a building that’s section 5581 of the Revised Statutes (20 TUNDA OF THE CAPITOL FOR A dedicated to the fairness and upholding U.S.C. 43), the vacancy on the Board of Re- CEREMONY AS PART OF THE the highest standards that he, himself, gents of the Smithsonian Institution, in the COMMEMORATION OF THE DAYS upheld during his life. We miss him to class other than Members of Congress, occur- OF REMEMBRANCE OF VICTIMS this day, and I think this is a fitting ring by reason of the resignation of Phillip Frost of Florida is filled by the appointment OF THE HOLOCAUST tribute. of Stephen M. Case of Virginia. The appoint- I want to thank Senator ROCKE- ment is for a term of 6 years, effective on the Mr. DANIEL E. LUNGREN of Cali- FELLER for joining together, the two of date of enactment of this joint resolution. fornia. Mr. Speaker, I ask unanimous us, to put this forward. I look forward consent that the Committee on House Mr. BRADY of Pennsylvania. Mr. Speaker, I to the day when we can attach onto Administration be discharged from fur- urge passage of Senate Joint Resolution 8, to that Federal building in honor of Judge ther consideration of House Concurrent appoint Stephen M. Case to a six year term Broadwater the ‘‘W. Craig Broadwater Resolution 33 and ask for its imme- as a citizen regent of the Smithsonian. This Federal Building and United States diate consideration in the House. action would fill an existing vacancy and bring Courthouse.’’ The Clerk read the title of the con- the Board of Regents back up to full strength. Ms. BROWN of Florida. Mr. Speaker, current resolution. Mr. Case, a prominent philanthropist and I yield back the balance of my time. The SPEAKER pro tempore. Is there entrepreneur in business, is exceptionally well- Mr. CRAWFORD. I yield back the objection to the request of the gen- qualified for this position. He is a pioneer in in- balance of my time. tleman from California? novative technology and communications and The SPEAKER pro tempore. The Ms. ZOE LOFGREN of California. Re- is probably best known as the founder of question is on the motion offered by serving the right to object, and I will America Online, and later chairman AOL/Time the gentleman from Arkansas (Mr. not object, I would just like to com- Warner. The Smithsonian needs a continuing CRAWFORD) that the House suspend the mend the gentleman for bringing this influx of innovative leaders to the Board to rules and pass the bill, S. 307. measure and how important it is that maintain its unique position as a leader in sci- The question was taken. the Holocaust be remembered right The SPEAKER pro tempore. In the entific research and educational endeavors. The joint resolution was ordered to here in the heart of our Capitol. opinion of the Chair, two-thirds being Mr. Speaker, I withdraw my reserva- be read a third time, was read the third in the affirmative, the ayes have it. tion. time, and passed, and a motion to re- Ms. BROWN of Florida. Mr. Speaker, The SPEAKER pro tempore. Is there consider was laid on the table. on that I demand the yeas and nays. objection to the request of the gen- The yeas and nays were ordered. f The SPEAKER pro tempore. Pursu- tleman from California? ant to clause 8 of rule XX and the ELECTING MEMBERS TO THE There was no objection. Chair’s prior announcement, further JOINT COMMITTEE ON PRINTING The text of the concurrent resolution proceedings on this motion will be AND THE JOINT COMMITTEE OF is as follows: postponed. CONGRESS ON THE LIBRARY H. CON. RES. 33 Resolved by the House of Representatives (the f Mr. DANIEL E. LUNGREN of Cali- fornia. Mr. Speaker, I ask unanimous Senate concurring), RECESS consent that the Committee on House SECTION 1. USE OF ROTUNDA FOR HOLOCAUST The SPEAKER pro tempore. Pursu- DAYS OF REMEMBRANCE CERE- Administration be discharged from fur- MONY. ant to clause 12(a) of rule I, the Chair ther consideration of House Resolution The rotunda of the Capitol is authorized to declares the House in recess until ap- 197 and ask for its immediate consider- be used on May 17, 2011, for a ceremony as proximately 6:30 p.m. today. ation in the House. part of the commemoration of the days of re- Accordingly (at 5 o’clock and 25 min- The Clerk read the title of the resolu- membrance of victims of the Holocaust. utes p.m.), the House stood in recess tion. Physical preparations for the ceremony shall until approximately 6:30 p.m. The SPEAKER pro tempore. Is there be carried out in accordance with such condi- f objection to the request of the gen- tions as the Architect of the Capitol may prescribe. b 1830 tleman from California? There was no objection. Mr. BRADY of Pennsylvania. Mr. Speaker, I AFTER RECESS The text of the resolution is as fol- urge passage of House Concurrent Resolution The recess having expired, the House lows: 33, to allow the Capitol Rotunda to be used on was called to order by the Speaker pro H. RES. 197 May 17 for the purpose of the annual com- tempore (Mr. POE of Texas) at 6 o’clock Resolved, memoration of the Holocaust. and 30 minutes p.m. SECTION 1. ELECTION OF MEMBERS TO JOINT This year’s theme is ‘‘Justice and Account- f COMMITTEE ON PRINTING AND ability in the Face of Genocide: What Have JOINT COMMITTEE OF CONGRESS We Learned?’’ It is important that as we reflect PROVIDING FOR THE APPOINT- ON THE LIBRARY. on one most notable tragedies in human his- MENT OF STEPHEN M. CASE AS (a) JOINT COMMITTEE ON PRINTING.—The tory, we honor the memory of those who died A CITIZEN REGENT OF THE following Members are hereby elected to the Joint Committee on Printing, to serve with so senselessly by not forgetting that there can BOARD OF REGENTS OF THE be no tolerance for prejudice, oppression and SMITHSONIAN INSTITUTION the chair of the Committee on House Admin- istration: hatred and pledge anew to stop those seeds Mr. DANIEL E. LUNGREN of Cali- (1) Mr. Harper. of oppression from leading to atrocities like fornia. Mr. Speaker, I ask unanimous (2) Mr. Schock. genocide.

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K12AP7.020 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2585 The concurrent resolution was agreed Chabot Hensarling Myrick Thompson (MS) Walberg Whitfield to. Chaffetz Herger Napolitano Thompson (PA) Walden Wilson (FL) Chandler Herrera Beutler Neal Thornberry Walsh (IL) Wilson (SC) A motion to reconsider was laid on Chu Higgins Neugebauer Tiberi Walz (MN) Wittman the table. Cicilline Himes Noem Tipton Wasserman Wolf Clarke (MI) Hinchey Nugent Tonko Schultz Womack f Clay Hinojosa Nunes Towns Waters Woodall Cleaver Hirono Nunnelee Tsongas Watt Wu GENERAL LEAVE Turner Waxman Clyburn Holden Olson Yarmuth Upton Webster Mr. DANIEL E. LUNGREN of Cali- Coble Holt Olver Yoder Coffman (CO) Hoyer Owens Van Hollen Welch Young (AK) fornia. Mr. Speaker, I ask unanimous Cole Huelskamp Palazzo Vela´ zquez West Young (IN) consent that all Members have 5 legis- Conaway Huizenga (MI) Pallone Visclosky Westmoreland lative days in which to revise and ex- Connolly (VA) Hultgren Pascrell NAYS—18 tend their remarks and include extra- Conyers Hurt Pastor (AZ) Costa Inslee Paulsen Amash Johnson (GA) Schrader neous materials on S.J. Res. 8, H. Res. Costello Israel Payne Clarke (NY) Lee (CA) Stark 197, and H. Con. Res. 33. Courtney Issa Pearce Cohen McDermott Tierney The SPEAKER pro tempore. Is there Cravaack Jackson (IL) Pelosi Cooper Nadler Weiner Crawford Jackson Lee Pence DeFazio Paul Woolsey objection to the request of the gen- Crenshaw (TX) Perlmutter Ellison Sa´ nchez, Linda tleman from California? Critz Jenkins Peters Honda T. Johnson (OH) There was no objection. Crowley Peterson NOT VOTING—20 Cuellar Johnson, E. B. Petri f Cummings Johnson, Sam Pingree (ME) Burton (IN) Hanna Rohrabacher Davis (CA) Jones Pitts Culberson Hunter Ruppersberger ANNOUNCEMENT BY THE SPEAKER Davis (IL) Jordan Platts Dold Johnson (IL) Rush PRO TEMPORE Davis (KY) Kaptur Poe (TX) Doyle Maloney Sanchez, Loretta DeGette Keating Polis Engel Meeks Shuler The SPEAKER pro tempore. Pursu- DeLauro Kelly Pompeo Giffords Moran Young (FL) ant to clause 8 of rule XX, proceedings Denham Kildee Posey Gutierrez Reichert will resume on questions previously Dent Kind Price (GA) b 1856 postponed. DesJarlais King (IA) Price (NC) Deutch King (NY) Quayle Votes will be taken in the following Diaz-Balart Kingston Quigley Ms. MCCOLLUM and Ms. CHU order: Dicks Kinzinger (IL) Rahall changed their vote from ‘‘nay’’ to H.R. 1308, by the yeas and nays; Dingell Kissell Rangel ‘‘yea.’’ Doggett Kline Reed So (two-thirds being in the affirma- S. 307 by the yeas and nays; Donnelly (IN) Kucinich Rehberg Approval of the Journal, by the yeas Dreier Labrador Renacci tive) the rules were suspended and the and nays. Duffy Lamborn Reyes bill was passed. The first electronic vote will be con- Duncan (SC) Lance Ribble The result of the vote was announced Duncan (TN) Landry Richardson as above recorded. ducted as a 15-minute vote. Remaining Edwards Langevin Richmond electronic votes will be conducted as 5- Ellmers Lankford Rigell A motion to reconsider was laid on minute votes. Emerson Larsen (WA) Rivera the table. Eshoo Larson (CT) Roby f Farenthold Latham Roe (TN) f Farr LaTourette Rogers (AL) EXTENDING RONALD REAGAN Fattah Latta Rogers (KY) W. CRAIG BROADWATER FEDERAL CENTENNIAL COMMISSION Filner Levin Rogers (MI) BUILDING AND UNITED STATES Fincher Lewis (CA) Rokita COURTHOUSE The SPEAKER pro tempore. The un- Fitzpatrick Lewis (GA) Rooney finished business is the vote on the mo- Flake Lipinski Ros-Lehtinen The SPEAKER pro tempore. The un- tion to suspend the rules and pass the Fleischmann LoBiondo Roskam finished business is the vote on the mo- Fleming Loebsack Ross (AR) bill (H.R. 1308) to amend the Ronald Flores Lofgren, Zoe Ross (FL) tion to suspend the rules and pass the Reagan Centennial Commission Act to Forbes Long Rothman (NJ) bill (S. 307) to designate the Federal extend the termination date for the Fortenberry Lowey Roybal-Allard building and United States courthouse Foxx Lucas Royce located at 217 West King Street, Mar- Commission, and for other purposes, on Frank (MA) Luetkemeyer Runyan which the yeas and nays were ordered. Franks (AZ) Luja´ n Ryan (OH) tinsburg, West Virginia, as the ‘‘W. The Clerk read the title of the bill. Frelinghuysen Lummis Ryan (WI) Craig Broadwater Federal Building and The SPEAKER pro tempore. The Fudge Lungren, Daniel Sarbanes United States Courthouse,’’ on which Gallegly E. Scalise question is on the motion offered by Garamendi Lynch Schakowsky the yeas and nays were ordered. the gentleman from Pennsylvania (Mr. Gardner Mack Schiff The Clerk read the title of the bill. KELLY) that the House suspend the Garrett Manzullo Schilling The SPEAKER pro tempore. The Gerlach Marchant Schmidt question is on the motion offered by rules and pass the bill. Gibbs Marino Schock This is a 5-minute vote. Gibson Markey Schwartz the gentleman from Arkansas (Mr. The vote was taken by electronic de- Gingrey (GA) Matheson Schweikert CRAWFORD) that the House suspend the vice, and there were—yeas 394, nays 18, Gohmert Matsui Scott (SC) rules and pass the bill. Gonzalez McCarthy (CA) Scott (VA) not voting 20, as follows: Goodlatte McCarthy (NY) Scott, Austin This will be a 5-minute vote. [Roll No. 254] Gosar McCaul Scott, David The vote was taken by electronic de- Gowdy McClintock Sensenbrenner YEAS—394 vice, and there were—yeas 408, nays 3, Granger McCollum Serrano answered ‘‘present’’ 1, not voting 20, as Ackerman Berkley Brown (FL) Graves (GA) McCotter Sessions Adams Berman Buchanan Graves (MO) McGovern Sewell follows: Aderholt Biggert Bucshon Green, Al McHenry Sherman [Roll No. 255] Akin Bilbray Buerkle Green, Gene McIntyre Shimkus Alexander Bilirakis Burgess Griffin (AR) McKeon Shuster YEAS—408 Altmire Bishop (GA) Butterfield Griffith (VA) McKinley Simpson Ackerman Barton (TX) Bonner Andrews Bishop (NY) Calvert Grijalva McMorris Sires Adams Bass (CA) Bono Mack Austria Bishop (UT) Camp Grimm Rodgers Slaughter Aderholt Bass (NH) Boren Baca Black Campbell Guinta McNerney Smith (NE) Akin Becerra Boswell Bachmann Blackburn Canseco Guthrie Meehan Smith (NJ) Alexander Benishek Boustany Bachus Blumenauer Cantor Hall Mica Smith (TX) Altmire Berg Brady (PA) Baldwin Bonner Capito Hanabusa Michaud Smith (WA) Amash Berkley Brady (TX) Barletta Bono Mack Capps Harper Miller (FL) Southerland Andrews Berman Braley (IA) Barrow Boren Capuano Harris Miller (MI) Speier Austria Biggert Brooks Bartlett Boswell Cardoza Hartzler Miller (NC) Stearns Baca Bilbray Brown (FL) Barton (TX) Boustany Carnahan Hastings (FL) Miller, Gary Stivers Bachmann Bilirakis Buchanan Bass (CA) Brady (PA) Carney Hastings (WA) Miller, George Stutzman Bachus Bishop (GA) Bucshon Bass (NH) Brady (TX) Carson (IN) Hayworth Moore Sullivan Baldwin Bishop (NY) Buerkle Becerra Braley (IA) Carter Heck Mulvaney Sutton Barletta Black Burgess Benishek Brooks Cassidy Heinrich Murphy (CT) Terry Barrow Blackburn Butterfield Berg Broun (GA) Castor (FL) Heller Murphy (PA) Thompson (CA) Bartlett Blumenauer Calvert

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.025 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2586 CONGRESSIONAL RECORD — HOUSE April 12, 2011 Camp Graves (MO) McCollum Scott (VA) Sullivan Wasserman Cleaver Johnson (GA) Rangel Campbell Green, Al McCotter Scott, Austin Sutton Schultz Clyburn Johnson, E. B. Rehberg Canseco Green, Gene McDermott Scott, David Terry Waters Coble Johnson, Sam Reyes Cantor Griffin (AR) McGovern Sensenbrenner Thompson (CA) Watt Coffman (CO) Jones Ribble Capito Griffith (VA) McHenry Serrano Thompson (MS) Waxman Cohen Jordan Richardson Capps Grimm McIntyre Sessions Thompson (PA) Webster Cole Kaptur Richmond Capuano Guinta McKeon Sewell Thornberry Weiner Conaway Kelly Rigell Cardoza Guthrie McKinley Sherman Tiberi Welch Connolly (VA) Kildee Rivera Shimkus West Carnahan Hall McMorris Tierney Conyers Kind Roby Shuster Westmoreland Carney Hanabusa Rodgers Tipton Cooper King (IA) Roe (TN) Simpson Whitfield Costa King (NY) Carson (IN) Harper McNerney Tonko Rogers (AL) Meehan Sires Wilson (FL) Costello Kingston Carter Hartzler Towns Rogers (KY) Cassidy Hastings (FL) Mica Slaughter Wilson (SC) Crawford Kissell Tsongas Rogers (MI) Castor (FL) Hastings (WA) Michaud Smith (NE) Wittman Crenshaw Kline Turner Rokita Chabot Hayworth Miller (FL) Smith (NJ) Wolf Critz Labrador Ros-Lehtinen Smith (TX) Upton Womack Chaffetz Heck Miller (MI) Crowley Lamborn Roskam Smith (WA) Van Hollen Woodall Chandler Heinrich Miller (NC) Cummings Lance Ross (AR) Southerland Vela´ zquez Woolsey Davis (CA) Langevin Chu Heller Miller, Gary Ross (FL) Speier Visclosky Wu Davis (IL) Lankford Cicilline Hensarling Miller, George Rothman (NJ) Stark Walberg Yarmuth Davis (KY) Larsen (WA) Clarke (MI) Herger Moore Roybal-Allard Stearns Walden Yoder DeGette Larson (CT) Clarke (NY) Herrera Beutler Mulvaney Royce Stivers Walsh (IL) Young (AK) DeLauro Latham Clay Higgins Murphy (CT) Runyan Stutzman Walz (MN) Young (IN) Denham LaTourette Cleaver Himes Murphy (PA) Ryan (WI) Clyburn Hinchey Myrick DesJarlais Latta NAYS—3 Deutch Levin Scalise Coble Hinojosa Nadler Schiff Broun (GA) Harris Schrader Diaz-Balart Lewis (CA) Coffman (CO) Hirono Napolitano Schilling Cohen Holden Neal Dicks Lipinski ANSWERED ‘‘PRESENT’’—1 Dingell Loebsack Schmidt Cole Holt Neugebauer Schrader Rigell Doggett Lofgren, Zoe Conaway Honda Noem Schwartz Nugent Doyle Long Connolly (VA) Hoyer Schweikert Conyers Huelskamp Nunes NOT VOTING—20 Dreier Lowey Scott (SC) Cooper Huizenga (MI) Nunnelee Bishop (UT) Gutierrez Rohrabacher Duncan (SC) Lucas Scott (VA) Costa Hultgren Olson Burton (IN) Hanna Ruppersberger Duncan (TN) Luetkemeyer Edwards Luja´ n Scott, Austin Costello Hurt Olver Culberson Hunter Rush Ellison Lummis Scott, David Courtney Inslee Owens Dold Johnson (IL) Sanchez, Loretta Ellmers Lungren, Daniel Sensenbrenner Cravaack Israel Palazzo Engel Meeks Shuler Emerson E. Serrano Crawford Issa Pallone Giffords Moran Young (FL) Eshoo Lynch Sessions Crenshaw Jackson (IL) Pascrell Grijalva Reichert Farenthold Mack Sewell Critz Jackson Lee Pastor (AZ) Fattah Maloney Sherman Crowley (TX) Paul ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Flake Manzullo Shimkus Cuellar Jenkins Paulsen The SPEAKER pro tempore (during Fleischmann Marino Shuster Cummings Johnson (GA) Payne the vote). There are 2 minutes left on Fleming Markey Davis (CA) Johnson (OH) Pearce Simpson Flores Matheson Davis (IL) Johnson, E. B. Pelosi this vote. Slaughter Forbes Matsui Davis (KY) Johnson, Sam Pence Smith (NE) 1904 Fortenberry McCarthy (CA) DeFazio Jones Perlmutter b Smith (NJ) Frank (MA) McCarthy (NY) Smith (TX) DeGette Jordan Peters So (two-thirds being in the affirma- Franks (AZ) McCaul DeLauro Kaptur Peterson Smith (WA) tive) the rules were suspended and the Frelinghuysen McClintock Southerland Denham Keating Petri Gallegly McCollum Dent Kelly Pingree (ME) bill was passed. Speier Garamendi McHenry Stark DesJarlais Kildee Pitts The result of the vote was announced Garrett McIntyre Deutch Kind Platts Stearns as above recorded. Gibbs McKeon Stivers Diaz-Balart King (IA) Poe (TX) Gonzalez McMorris A motion to reconsider was laid on Stutzman Dicks King (NY) Polis Goodlatte Rodgers the table. Sullivan Dingell Kingston Pompeo Gosar McNerney Thompson (PA) Doggett Kinzinger (IL) Posey Gowdy Meehan f Thornberry Donnelly (IN) Kissell Price (GA) Granger Mica Tierney Doyle Kline Price (NC) THE JOURNAL Graves (GA) Michaud Dreier Kucinich Quayle Green, Al Miller (FL) Tonko Duffy Labrador Quigley The SPEAKER pro tempore. Pursu- Green, Gene Miller (MI) Towns Duncan (SC) Lamborn Rahall Griffin (AR) Miller (NC) Tsongas Duncan (TN) Lance Rangel ant to clause 8 of rule XX, the unfin- Turner ished business is the question on agree- Griffith (VA) Miller, Gary Edwards Landry Reed Guinta Miller, George Upton Ellison Langevin Rehberg ing to the Speaker’s approval of the Guthrie Mulvaney Van Hollen ´ Ellmers Lankford Renacci Journal, on which the yeas and nays Hall Murphy (CT) Velazquez Emerson Larsen (WA) Reyes Walberg were ordered. Hanabusa Murphy (PA) Eshoo Larson (CT) Ribble Harper Myrick Walden Farenthold Latham Richardson The question is on the Speaker’s ap- Hartzler Nadler Walsh (IL) Farr LaTourette Richmond proval of the Journal. Hastings (FL) Neal Walz (MN) Fattah Latta Rivera This is a 5-minute vote. Hastings (WA) Noem Wasserman Filner Lee (CA) Roby Schultz The vote was taken by electronic de- Hayworth Nunnelee Fincher Levin Roe (TN) Heinrich Olson Waters Fitzpatrick Lewis (CA) Rogers (AL) vice, and there were—yeas 325, nays 79, Hensarling Owens Watt Flake Lewis (GA) Rogers (KY) answered ‘‘present’’ 2, not voting 26, as Herger Palazzo Waxman Fleischmann Lipinski Rogers (MI) follows: Higgins Paul Webster Fleming LoBiondo Rokita Hinojosa Paulsen Welch Flores Loebsack Rooney [Roll No. 256] Hirono Payne West Forbes Lofgren, Zoe Ros-Lehtinen YEAS—325 Holden Pearce Westmoreland Fortenberry Long Roskam Holt Pelosi Whitfield Foxx Lowey Ross (AR) Ackerman Bilirakis Camp Hoyer Pence Wilson (FL) Frank (MA) Lucas Ross (FL) Adams Bishop (GA) Campbell Huelskamp Petri Wilson (SC) Franks (AZ) Luetkemeyer Rothman (NJ) Aderholt Bishop (UT) Canseco Huizenga (MI) Pingree (ME) Wittman ´ Frelinghuysen Lujan Roybal-Allard Akin Black Cantor Hultgren Platts Wolf Fudge Lummis Royce Alexander Blackburn Capito Hurt Polis Womack Gallegly Lungren, Daniel Runyan Austria Bonner Capps Inslee Pompeo Woodall Garamendi E. Ryan (OH) Baca Bono Mack Cardoza Israel Posey Woolsey Gardner Lynch Ryan (WI) Bachmann Boren Carnahan Issa Price (GA) Yarmuth ´ Garrett Mack Sanchez, Linda Bachus Boswell Carney Jackson (IL) Quayle Yoder Gerlach Maloney T. Barletta Boustany Carson (IN) Jenkins Quigley Young (IN) Gibbs Manzullo Sarbanes Barrow Brady (TX) Carter Gibson Marchant Scalise Bartlett Braley (IA) Cassidy NAYS—79 Gingrey (GA) Marino Schakowsky Barton (TX) Brooks Castor (FL) Gohmert Markey Schiff Bass (NH) Broun (GA) Chabot Altmire Burgess Dent Gonzalez Matheson Schilling Becerra Brown (FL) Chaffetz Andrews Capuano Donnelly (IN) Goodlatte Matsui Schmidt Benishek Buchanan Chandler Baldwin Chu Duffy Gosar McCarthy (CA) Schock Berg Bucshon Cicilline Bass (CA) Courtney Farr Gowdy McCarthy (NY) Schwartz Berkley Buerkle Clarke (MI) Bilbray Cravaack Filner Granger McCaul Schweikert Berman Butterfield Clarke (NY) Bishop (NY) Cuellar Fincher Graves (GA) McClintock Scott (SC) Biggert Calvert Clay Brady (PA) DeFazio Fitzpatrick

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Foxx Lee (CA) Reed U.S. COMMODITY FUTURES that limits the agency establishes would be Fudge Lewis (GA) Renacci TRADING COMMISSION, overly restrictive. There is nothing that re- Gardner LoBiondo Rooney Washington, DC, March 25, 2011. quires us to set a certain position limit level, Gerlach Marchant Ryan (OH) Gibson McCotter Sa´ nchez, Linda Hon. JOE COURTNEY, and, in fact, I have always said that we Graves (MO) McGovern T. House Office Building, should err on the high side at first—precisely Grimm McKinley Sarbanes Washington, DC. to avoid any negative consequences—and re- Harris Moore Schakowsky DEAR CONGRESSMAN COURTNEY: Thank you calibrate as we move forward and know more Heck Napolitano Schock for writing to the CFTC regarding specula- about the markets. Heller Nugent Sires tion. The agency considers most letters from The third argument against implementing Herrera Beutler Olver Sutton Capitol Hill as ‘‘comment’’ letters on regula- limits on time was that the agency doesn’t Himes Pallone Terry tions being promulgated. I, however, wanted Hinchey Pascrell Thompson (CA) have the data to set reasonable, or appro- Honda Pastor (AZ) Thompson (MS) to take a moment to respond to your letter. priate, position limits. This is the only argu- Jackson Lee Perlmutter Tiberi On Wednesday, oil prices reached nearly ment of the three that has limited merit. We (TX) Peters Tipton $106 per barrel—up 29 percent this year. Not do not yet have, and will not have for a few Johnson (OH) Peterson Visclosky since 2008, when many of us raised concerns more months (September at the earliest) Kinzinger (IL) Poe (TX) Weiner about excessive speculation, have prices been some of the OTC trading data that would fa- Kucinich Price (NC) Wu so high. This comes at a time when a fairly cilitate setting position limits. Those who Landry Rahall Young (AK) high supply of oil and stable demand exists. don’t support position implementation now ANSWERED ‘‘PRESENT’’—2 Obviously there are myriad factors impact- use that argument to say no limits should be ing prices: the Middle East, Japan and crude Amash Gohmert in place whatsoever. Congress required that transportation issues, to name a few. At the we have several limits: spot month, all NOT VOTING—26 same time, however, we have speculators month and aggregate month limits for cur- Blumenauer Hanna Pitts coming into energy markets at blistering rently regulated exchanges. The law also re- Burton (IN) Hunter Reichert pace. In fact, the latest data indicates that quires that we have those same three limits Culberson Johnson (IL) Rohrabacher in the energy sector, speculative positions for OTC trading (spot, all month and aggre- Dold Keating Ruppersberger are at an all-time high—up 64 percent from gate limits). Those who oppose limits now Engel McDermott Rush June of 2008 when crude oil prices touched don’t agree that we could have already im- Giffords Meeks Sanchez, Loretta $147.27 per barrel. Gingrey (GA) Moran posed spot month limits on all contracts (in- Shuler I’m not suggesting that speculation is bad. cluding OTC trades) using the available Grijalva Neugebauer Young (FL) Gutierrez Nunes In fact we need speculation and there is physical supply of the commodity. We could ample evidence (in addition to common have done those in January, we can do them ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sense) that speculation can decrease vola- now. Similarly, we could have, should have The SPEAKER pro tempore (during tility. On the other hand, speculation can be- and can now implement limits for all months the vote). There are 2 minutes left on come excessive. In these instances, as we and aggregate limits for currently-regulated this vote. may be seeing now and as I believe we saw in exchanges. Finally, if there was a desire, I 2008 and even for some period in 2009, that ex- believe we could have developed an appro- b 1910 cessive speculation can impact prices. I’m priate formula to impose limits on OTC trad- not suggesting that speculators are driving So the Journal was approved. ing for the very largest traders who also use prices or that they are the cruise control on the currently-regulated exchanges. This The result of the vote was announced prices. I do think, however, that they tap the as above recorded. limit would have also had to err on the high gas pedal at times. side. I didn’t come to this conclusion lightly and f On summary, the agency could have imple- continue to cite many studies, paper and mented a speculative position limits regime PERSONAL EXPLANATION quotes that make this same connection be- in January. We can still do them now. I will tween speculation and prices (not just in the continue to urge that we do so. Mr. HANNA. Mr. Speaker, I was unavoid- energy complex, but also in agricultural ably absent for votes. Had I been present, I Thank you again for your letter. If I can commodities and metals). ever be of assistance on this, or any other As you know, Congress enhanced the would have voted ‘‘yes’’ on rollcall votes 254 matter, please don’t hesitate to contact me. CFTC’s ability to address excessive specula- and 255. I would have voted ‘‘no’’ on rollcall Sincerely, tion as part of the Dodd-Frank Wall Street vote 256. BART CHILTON, Reform and Consumer Protection Act. Spe- Commissioner. f cifically, the Act mandates that the agency implement speculative position limits in the f IT IS TIME FOR THE CFTC TO ACT energy sector within 180 days. Obviously, (Mr. COURTNEY asked and was that deadline has long since passed, which is RECOGNIZING NORTH DAKOTA given permission to address the House unfortunate to say the least. I had urged the VOLUNTEERS for 1 minute and to revise and extend agency to implement limits on time. (Mr. BERG asked and was given per- We heard three primary arguments against his remarks.) implementation within the required imple- mission to address the House for 1 Mr. COURTNEY. Mr. Speaker, yes- mentation time period, that is, by mid-Janu- minute and to revise and extend his re- terday the investment firm Goldman ary, 2011. marks.) Sachs came out with an amazing state- First, some have suggested that when the Mr. BERG. Yesterday, I had the op- ment, which is that $27 per barrel of oil statute says the Commission shall imple- portunity to tour overland flood sites today is the result of excessive specula- ment ‘‘appropriate’’ speculative position in North Dakota. River levels hit tion; it has no connection to supply limits, that the word ‘‘appropriate’’ could record highs, and thousands of North and demand. What that means is a mo- mean that no limits whatsoever could be Dakotans volunteered their time and ‘‘appropriate.’’ As many Members have said, torist in the State of Connecticut who this provision of the statute should not be energy to save homes and lives. So is now paying $4 a gallon for gas should interpreted with such elasticity as to mean today, I would like to recognize the be paying only $3 a gallon; but all the no limits whatsoever. The reason Congress thousands of high school students that speculation which oil delivery guys and gave us the expedited implementation date helped fill and stack sandbags that pro- gas station owners have been scream- was precisely because Congress wanted the tected property and lives. Together, ing about for the last 3 months is the agency to implement speculative position they helped Cass County residents pro- factor that is driving up the price of limits. tect their homes as the river rose. The second argument against imple- gas. menting limits on time was that if we were Without the help of these young volun- Last year, the commodities trading to do so, there would be market migration. teers, many North Dakotans would commission in the Dodd-Frank Wall In essence, the suggestion is that if the have been left unprepared for the over- Street Reform bill was given the au- CFTC set very restrictive position limits, land flooding that affected our State. thority to limit the amount of outside traders would simply trade in other venues. These students are students that care speculator participation in energy fu- First, there is the suggestion that the trad- about their communities. Their dedica- tures trading markets. They have not ing will migrate to currently unregulated tion exemplifies the spirit that we see implemented those rules. It is time for over-the-counter (OTC) markets. These mar- in North Dakota and the next genera- kets will, however, within months not years, them to act. It is time for the CFTC to be regulated by the agency. The other sug- tion of leaders. I am pleased that their issue these new rules and to protect gestion is that the trading will migrate to efforts to protect our communities America’s consumers and small busi- foreign boards of trades. Both of these sug- worked, and I would like to recognize nesses. gestions are based on the dubious premise them today.

VerDate Mar 15 2010 03:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A12AP7.008 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2588 CONGRESSIONAL RECORD — HOUSE April 12, 2011 A GOVERNMENT THAT WORKS percent of financial securities and 62 percent This ought not to be, but that’s just of business equity. The top 10 percent own 80 the way it is. (Mr. BOSWELL asked and was given percent to 90 percent of stocks, bonds, trust permission to address the House for 1 funds and business equities, and over 75 per- f minute and to revise and extend his re- cent of -home real estate. Since financial HONORING SERGEANT ROBERT marks.) health is what counts as far as control of in- TREADWAY Mr. BOSWELL. Mr. Speaker, I rise come-producing assets, we can say that just (Mr. LUJA´ N asked and was given per- today to continue a discussion started 10 percent of the people own the United mission to address the House for 1 by a good friend and former Iowa Con- States of America. My wife and I are part of that 10 percent. minute and to revise and extend his re- gressman, Berkley Bedell, in yester- We are heroes in our hometown, just as Bill marks.) day’s Des Moines Register, page 9A. Gates and Warren Buffett are national he- Mr. LUJA´ N. Mr. Speaker, I rise In Congressman Bedell’s column ti- roes. today to honor U.S. Marine Sergeant tled, ‘‘Those Who Own America Should Like them, we are not bad people, we want Robert Treadway, who gave the ulti- Help Pay for Government,’’ Congress- to be good people and contribute so we have mate sacrifice in service to our Nation. man Bedell argues that Congress’s formed a foundation for alternative medicine Sergeant Treadway was killed in a budget focus on cutting costs instead (FAIM.org) to try to do good with our plane crash in 1976 while on active of generating revenue is fundamentally money. But our government is all screwed up. In- duty; however, it wasn’t until earlier skewed and not good business. stead of using everyone’s wealth to build a this week, nearly 35 years later, that He writes, ‘‘Show me a company that better society as we did in the 1950s, we are Sergeant Treadway received the memo- ignores revenue and focuses on cutting cutting taxes to the rich and corporate rial service befitting all of our fallen costs, and I will show you a firm that America while we cut back on services and heroes. On Monday, a memorial service is headed for failure. Show me a gov- jobs for the masses. You do not create jobs was held for Sergeant Treadway at the ernment that ignores revenue and fo- by firing teachers and lowering wages. People are starting to rise up in Wisconsin, Sante Fe National Cemetery, helping cuses on cutting costs, and I will show Ohio and other states. They are correct to be bring closure to his mother, Theresa you a government that is a failure.’’ disturbed and to protest. I hope they will Treadway. Congressman Bedell writes that cor- keep it up. I hope they realize the basic prob- For nearly two decades, Mrs. porations and the richest Americans lem. It is, revenue matters! Treadway tried several times to ar- need to properly contribute to the gov- Until we properly tax corporate America range for the memorial service that ernment through taxes that are rel- and those of us who can afford it, and use Sergeant Treadway had earned. Her un- evant to their wealth. For me, this those revenues to put our people back to wavering dedication to her son brought means eliminating billions a year in work, clean up the environment, replace fos- sil fuels, reduce the deficit and bring back her to my office. I was honored to have subsidies to multibillion-dollar oil and the prosperity we had in the middle of the the opportunity to help Mrs. Treadway gas companies; it means ending mort- last century, I believe we all need to join pay tribute to her son, a marine to his gage deductions for vacation homes those protesters. core. and yachts that cost taxpayers billions Having served in Congress, I have seen how The men and women who serve our a year in lost revenue; it means ending political contributions from the wealthy, country in the armed services sacrifice the Bush-era tax cuts for the wealthi- and now corporations, control our govern- a tremendous amount, but so do their est 2 percent to increase our revenue ment. It is time for the people—all of us—to do as did the people of Egypt and join the loved ones they leave behind while by more than $40 billion a year. street marches to demand that our govern- they protect and serve our great Na- Americans deserve a government ment bring back the time we had in my tion. This is why I was honored to be that works, and blindly cutting costs youth, when we worked together, rich and able to help Mrs. Treadway finally give and services doesn’t accomplish that. poor, to contribute the tax revenue needed to her son a memorial that is befitting of [From , Apr. 12, 2011] build a nation that was the envy of the world. his sacrifice and honors his memory. GUEST OPINION: THOSE WHO OWN AMERICA To Sergeant Treadway and his moth- SHOULD HELP PAY FOR GOVERNMENT f er, thank you for being examples of the (By: Berkley Bedell) SHUTTLE SNUB American spirit at its finest. I started a fishing tackle manufacturing (Mr. POE of Texas asked and was f business, Berkley and Co., with $50 saved given permission to address the House from my newspaper route when I was 15 THE BUDGET for 1 minute.) years old. (Mr. KINGSTON asked and was given From the beginning, my main focus was on Mr. POE of Texas. ‘‘Houston, we have sales and revenue. a problem.’’ These were the words from permission to address the House for 1 The business was successful. space when Apollo 13 was in trouble. minute and to revise and extend his re- In my 50s, I ran for Congress. I won and ap- The NASA folks in Houston, Texas, marks.) pointed a person to run the company. He fo- helped bring Apollo 13 back to Earth Mr. KINGSTON. Mr. Speaker, the cused on cutting costs rather than building safely. spending debate in Washington boils revenue and the business was soon headed for Now, Houston, we have another prob- down to a couple of fundamentals: We bankruptcy. lem, because for obvious political rea- spend 23 percent of our GDP; that is My son, Tom, came back to Iowa to run the level of spending of Congress. The the company. He focused on marketing and sons none of the four shuttles are going research to build revenue, and when he sold to be retired at Space Center USA— revenues to GDP are only 18 percent. the company a few years ago, it was by far Houston, Texas—the home of NASA, So you have a 5 percent difference in the largest most successful fishing tackle the Johnson Space Center, and the what your revenues are and what your manufacturing company in the nation. home of the astronauts. spending is. Years of doing this means Show me a company that ignores revenue For nearly 50 years, Houston, Texas, that, right now, for every dollar we and focuses on cutting costs, and I will show has been the center of world space ex- spend, 40 cents is borrowed. You can’t you a firm that is headed for failure. Show ploration. Why the apparent shuttle continue to defy gravity. me a government that ignores revenue and This week, we will consider the Ryan focuses on cutting costs, and I will show you snub to Houston and to history? Well, a government that is a failure. it’s blatantly political. Texas is a red budget. It has tax reform; it has spend- Today that is exactly what we have in our State, and the four winners of the shut- ing reform; it has regulatory reform— state and federal governments. tles—one of which has nothing to do all things that are very good. I’m glad Like most people and most corporations, I with NASA—all are States that voted to see that the President will be re- would prefer not to have to pay taxes. I am for the President. introducing another budget this week, now 90 years old. I lived during the middle of When the U.S. won its race to the because I think it’s very important the 1900s when our top income tax rate var- Moon in 1969, the first word on the that if you do not like the Republican ied between 70 and 91 percent—more than Moon was ‘‘Houston,’’ not ‘‘New York Ryan budget, that’s fine, but put your double that of today. I saw what we can do when we properly tax ourselves to build a City.’’ Now it should be said, ‘‘Houston, budget on the table because surely the better nation. the shuttles have landed, but only in Democrat Party has some ideas. Today the top 1 percent of households have the blue States that voted for the So far all we’ve heard from the over 38 percent of all privately held stock, 60 President.’’ Democrats is criticism. That’s not

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.032 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2589 good enough in times like these. We’ve stitution. I carry a copy in my pocket. They were written to tell New Yorkers got to come together as a country to And they’ll hold up a copy of the Con- about what government should be do what’s best not for the next election stitution and talk about this being a under the Constitution in its original but for the next generation and, in- living and breathing document. Noth- intent. deed, for our future. ing could be further from the truth in They explained in minute detail what f the philosophy of our Founding Fa- government should be not only then thers. but 200, 400, 600 years later, because MEDICARE ELIMINATION AND MID- In fact, our Founding Fathers meant they knew very firmly, very strongly DLE CLASS TAX INCREASE ACT this to be a very solid foundation. The that if we didn’t have that original in- OF 2011 Declaration of Independence expresses tent and a strong, solid foundation of (Mr. WEINER asked and was given the philosophy of liberty in America, government, that we could lose our lib- permission to address the House for 1 and the Constitution is an embodiment erty. That’s the reason they wanted us minute and to revise and extend his re- of those principles into a governing to stay with their intent in the Con- marks.) document. stitution. Mr. WEINER. Ladies and gentlemen, Mr. Speaker, if we don’t have a solid They wrote these series of essays. later this week, we are going to be con- foundation upon which to build all of Those essays have been bound to- sidering the Medicare Elimination and our laws, all of our society, then we’re gether—this little booklet, ‘‘The Fed- Middle Class Tax Increase Act of 2011. building our society and laws on shift- eralist Papers,’’ contains these essays. We’ve heard it called the ‘‘Ryan bill,’’ ing sand. You can ask a 6-year-old, if These essays were written by James but that’s what it does. you build a house or a building on Madison, Alexander Hamilton, and First, it does some things that I’m shifting sand, what’s going to happen? John Jay about the Constitution to ex- sure are very popular in America. It It’s going to fall, it’s going to fail. plain the Constitution. If people will get ‘‘The Federalist Pa- says let’s eliminate the Medicare pro- That’s exactly what’s happening in our pers’’ and read them, they will see how gram. Let’s say to senior citizens, You country today, because we’ve gotten away from the original intent of the far off track we have gotten as a Na- know what? We’re going to give you a tion. They will see that our Nation is voucher, and you go out and shop for Constitution. In Hosea 4:6, God says, ‘‘My people being destroyed from within, being de- health care—and good luck finding it. stroyed by a philosophy of big govern- That’s one proposal. are destroyed for a lack of knowledge.’’ We have a tremendous lack of knowl- ment, and this philosophy has been fos- And then it says, let’s take $750 bil- tered upon us by Democrats and Re- lion of Medicaid expenses and shift edge about the foundational principles, what our Founding Fathers meant for publicans alike, by liberals and con- them to the States so that the States servatives alike. We’ve got to change have to raise taxes and localities have government to be. We have a tremen- dous lack of knowledge in this Nation that. to raise taxes. This is some new inter- Mr. Speaker, the only way that we’re even in Federal jurists, even in jurists esting idea? going to change governing here in the sitting on the U.S. Supreme Court, It was said by the previous speaker United States is not here in Wash- that Democrats haven’t come forward about the Constitution. In fact, I was very shocked—as I got ington, not here in the U.S. House of with any ideas. Yeah, we came up with Representatives, not over across the the idea of Medicare to provide health interested in politics, I started talking to lawyers who had gone to law schools way in the U.S. Senate, not down the care for seniors and Social Security to street on Pennsylvania Avenue in the provide a safety net for seniors in their all over this country. The majority of lawyers that I’ve spoken with—law White House. The only way we’re going advancing years. These are the pro- to change the philosophy of governance grams that we care about and are going schools, public and private all across this country, they all have a course is if the grassroots, the good people to fight for. across this Nation, start demanding a This week on the House floor, Repub- called constitutional law. But the American public would be absolutely different kind of governance. licans are going to say we’re against We’ve got to stop this outrageous shocked to understand that lawyers, Medicare. They want to eliminate it as spending. We’ve got to get our econ- even when they take constitutional it stands. Now, isn’t it ironic? They omy back on track. We’ve got to start law—and in a lot of law schools it’s an spent all last year criticizing the creating jobs. What’s made this coun- health care act because it harmed elective even—when they take con- try so rich, so powerful, so successful Medicare, now suddenly they want to stitutional law, they don’t study the as a political experiment, the greatest eliminate it. Hypocrisy. Constitution. All they study is case political experiment in all of history, law, what the Federal court system has f in all of mankind, is right here in the said about the Constitution. United States based on the Constitu- And we’ve got Federal jurists all the b 1920 tion of the United States in its original way up to the Supreme Court, but in THE U.S. CONSTITUTION intent. all levels, from Federal district courts We have a tremendous lack of knowl- The SPEAKER pro tempore (Mr. to the appellate system all the way to edge. RUNYAN). Under the Speaker’s an- the U.S. Supreme Court, that bring Now, ‘‘The Federalist Papers’’ in the nounced policy of January 5, 2011, the down ruling after ruling that is not old language, it’s a bit difficult to read. gentleman from Georgia (Mr. BROUN) is based upon the Constitution in its Their style of writing, their style of recognized for 60 minutes as the des- original intent. That philosophy leads English was a bit different from ours. ignee of the majority leader. to tyranny in all possibility. We’ve got another resource that I Mr. BROUN of Georgia. Mr. Speaker, Our Founding Fathers never meant highly recommend, which is ‘‘The Fed- America is facing some very perilous this. In fact, if people would read the eralist Papers in Modern Language.’’ A times because of the joblessness, be- Constitution and read what our Found- person can buy this off Amazon, they cause of the poor economy, because of ing Fathers said about the Constitu- can get this in Barnes and Noble book- the outrageous spending that’s been tion, they would understand that. stores around the country. If they going on for the last 2 years through There’s a great resource that talks don’t have it in stock, it can be or- the last Congress. about what our Founding Fathers dered. I come tonight, Mr. Speaker, to dis- meant for the Constitution to be. The The editor, Mary Webster, got some cuss something that I think is criti- architect of the Constitution, James folks to transliterate ‘‘The Federalist cally important for the American peo- Madison, John Jay, the first U.S. Su- Papers’’ from old-style English into ple to understand, because we’ve got- preme Court Chief Justice, and Alex- modern English. What ‘‘transliterate’’ ten away from what the Constitution ander Hamilton, who was an ardent means is to change one word in the old says and what the original intent of Federalist who believed in a strong style to another word in the new style. the Constitution might be. Federal Government, wrote a series of This is not an editorialization of ‘‘The I’ve seen Member after Member, Mr. essays. These essays were printed in Federalist Papers,’’ it is not a com- Speaker, hold up a copy of the Con- the newspapers in New York State. mentary on ‘‘The Federalist Papers.’’

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.033 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2590 CONGRESSIONAL RECORD — HOUSE April 12, 2011 It’s strictly a transliteration. In other don’t even think by a State Depart- to keep expanding in both size and words, it’s changed from old-style ment of Education. But the States scope by absorbing powers and rights English into new-style English. And have the right to do that constitu- that were intended for the States and that’s all it’s done. tionally. the people. In fact, in the 10th Amend- People can go and read either ‘‘The The most powerful political force in ment of the Constitution, it says if a Federalist Papers’’ in its original America today is embodied in the first right is not specifically given to the English form or ‘‘The Federalist Papers three words of the U.S. Constitution: Federal Government by the Constitu- in Modern Language,’’ and can become ‘‘We the people.’’ And if we the people tion, in other words these things that knowledgeable. will become knowledgeable about the are in article I, section 8, as well as a We’ve got to light grassfires all Constitution and about the Founding few others, but these are the things we across this country to demand a dif- Fathers’ philosophy of government, the can pass laws about, if it’s not prohib- ferent kind of governance or we’re philosophy of liberty and freedom, the ited from the States, then those rights going to destroy everything that our philosophy of a free enterprise system, are reserved for the States and the peo- Founding Fathers have given us. a philosophy of individual responsi- ple. This Nation was built on personal re- bility and individual accountability, One of my primary goals while serv- sponsibility and accountability. It was then we can put this country back on ing here in Washington is to send these based on freedom and liberty. I use the right course by the American peo- powers back to the States and to the those words separately. ple demanding their freedom back. people and to ensure that, do every- Let me explain ‘‘liberty’’ for you, We’ve lost a lot of it. A tremendous thing that I can to ensure that the give you a definition. I don’t know if amount of freedom has been lost. We’re Constitution is applied as the Founding this is my original definition or not. I losing our liberty, and we have a gov- Fathers intended. I will work very hard don’t remember ever reading it any- ernment that has taken away our free- to try to build those bridges, to send where. I haven’t seen it when I’ve gone doms. those powers back to the States and to look it up. I’m not claiming it as my The Preamble to the Constitution of people. These are the powers created in own, though I don’t know who wrote it, the United States: ‘‘We the people of article I, section 8. if someone did: Liberty. Liberty is free- the United States, in order to form a The necessary and proper clause, the dom bridled by morality. more perfect Union, establish justice, so-called elastic clause, allows Con- insure domestic tranquility, provide gress to pass laws about these other b 1930 the common defense, promote the gen- things; but this is all the Federal Gov- eral welfare, and secure the blessings of Liberty is freedom bridled by moral- ernment, all the House and the Senate liberty to ourselves and our prosperity, ity. You see, a wild bear is free. All the is supposed to be passing laws about. do ordain and establish this Constitu- wild bear’s constrained by is the in- Now, we have some say in the courts, stincts that our Creator put in a wild tion of the United States.’’ Tonight I am going to talk about one we have some say with the executive bear. It can go anywhere it wants to. A branch, but these are the things that male wild bear will even kill its own little phrase in this Preamble. It’s also in another place in the Constitution. Congress is supposed to be passing laws cubs just to try to get to the sow, to about, and nothing else. Nothing else breed her. He doesn’t care about any- I’m going to talk about the general welfare clause. We’ll come back on an- but these things. body else but himself. That sow will Well, the general welfare clause is protect her cubs, but other than that other night, and I am going to talk about the commerce clause. And then one of the most commonly abused and she’s free, and she chooses to do so by misapplied powers that the Federal her instinct. we’ll talk also about the elastic clause, and the Bill of Rights, and other parts Government has utilized to expand the But absolute freedom is anarchy. It’s size and scope of government and to de- anarchy. You see, if I am totally free, of the Constitution. But three phrases out of the Con- stroy our liberty. Article I, section 8 of if I don’t like somebody, I can just kill the U.S. Constitution, clause 1: ‘‘The them. In fact, we see that by dictators stitution have been utilized to pervert the idea behind the Constitution, to de- Congress shall have the power to lay around the world, historically as well and collect taxes, duties, imposts and as in present times. But you see, free- stroy its original intent, to cause us to continue to lose liberty here in Amer- excises, to pay the debts and provide dom bridled by morality, liberty, ica. The general welfare clause is one for the common defense and general means that my freedom stops where of those. You see, Congress has strayed welfare of the United States.’’ This is another person’s freedom starts. And from the clear-cut path, the certainty the second place, I mentioned just a we can come together and work in con- and liberty that our Founding Fathers few minutes before, in the Preamble cert for the greater good, for the great- outlined in the most basic and funda- our Founding Fathers mentioned gen- er good of our families, our commu- mental document to ever exist, and eral welfare. nities, our cities, our States, as well as that’s our Constitution. b 1940 our Nation. The single most important part of This country was founded upon lib- this revered document is embodied in Here it is in article I, section 8, erty, personal responsibility, and ac- those first three words, because we are clause 1, the general welfare. countability. It’s been so successful supposed to be a government of the This clause generated the most de- economically because it’s been based people, by the people, and for the peo- bate during our Founding Fathers’ pe- on the free enterprise system. Free en- ple, as Abraham Lincoln said. Our gov- riod because the term ‘‘general wel- terprise. Free enterprise is the engine ernment’s purpose is to protect and fare’’ is vague and leaves much room that pulls along the train of economic preserve freedom and liberties of we, for interpretation. Now we hear judges prosperity here in America. But we’re the people. Government is supposed to talk about interpreting the Constitu- destroying that. be governing at the consent of the peo- tion. Judges shouldn’t be interpreting Our President has a philosophy that I ple, not the people being dealt with at the Constitution. Words make a dif- believe is totally against free enter- the consent of the government. ference. And when we use the word ‘‘in- prise. A lot of my colleagues, Democrat Yet nowadays it seems as though the terpreting,’’ that means somebody can and Republican alike, believe the Fed- Federal Government has inserted itself apply their own bias what should and eral Government ought to control vir- into almost every aspect of our day-to- what should not be constitutional. tually every aspect of our lives. George day lives, monitoring what kind of Well, you should be utilizing the W. Bush was a big-spending, big-gov- health care we can have, bailing out word, apply the Constitution in its ernment President. He gave us No the automobile industry, and regu- original intent. I am an original intent Child Left Behind, which has been a lating the education standards. Just a constitutionalist, as I just mentioned. I disaster. I call it Leave No Teacher Un- few examples of the Federal Govern- want to apply the Constitution as our shackled. We’ve got to get the shackles ment’s hand’s overreach into things Founding Fathers meant. off teachers, let the local school boards where it should not go. Alexander Hamilton and James Madi- run the education system, not by a Mr. Speaker, over time it’s become son famously disagreed about the Federal Department of Education, or I the norm for the Federal Government meaning of ‘‘general welfare’’ and the

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.036 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2591 limits to Congress’ spending. Madison many decades, labor for objections, and when I came to Congress in a special wanted the clause to be very, very nar- they are stooping to such a mis- election in 2007, and then again in 2009, rowly interpreted, and Hamilton want- construction. and then again this year. I stood right ed a bit broader interpretation. He was very, very clear. We do not here in this Chamber and I held up my Now, if Alexander Hamilton were to have the power to do so. We don’t have hand, and I swore to uphold the Con- walk into the doors of this U.S. House the power to do so. stitution against powers both foreign today, he would be absolutely shocked James Madison, Federalist 45: and domestic. One of the greatest do- and chagrined at how much liberty we ‘‘The powers delegated by the pro- mestic powers that is anti-Constitution have lost, because he never, as a Fed- posed Constitution to the Federal Gov- resides right in this House, right in eralist, envisioned the size and scope of ernment are few and defined.’’ They are this House, because we are destroying government today. I think if he knew defined. Article 1, section 8, other arti- our liberty. what was going on today, a little over cles, strictly interpreted, strictly de- b 1950 200 years since the Constitution was fined, strictly according to what it passed, ratified, he would be arguing says, not of broadening of those pow- We are destroying it by the philos- just like I am today. ers, few and defined, ‘‘to be exercised ophy of big government. Thomas Jef- Yet the Founders, as they laid out in principally on external objects, as war, ferson said, ‘‘They are not to do any- the Federalist Papers, neither Madison peace, negotiation, and foreign com- thing they please.’’ nor Hamilton would have agreed with merce.’’ Seventy years ago, in a court case the modern-day view that there are no James Madison in Federalist 45 was called United States v. Butler, we limitations whatsoever on Congress’ saying basically right here what the started moving into this loosey-goosey primary purpose of the Federal Govern- power to spend and that ‘‘general wel- idea about the Constitution being any- ment is: It’s national defense, national fare’’ means whatever Congress, the thing that a court says that it is, any- security, foreign affairs. And also in President, and the Courts say that it thing that a President says that it is, the Constitution we have the rights to means, even though a sort of Federalist and anything that the Congress says postal roads, post offices, things like would not agree that we have an open that it is. And we have seen just re- that, to establish a currency to make invitation to have whatever kind of cently where Congress passed the this one Nation. government that we want to have. McCain-Feingold law. President Bush But the principal purpose of the Fed- said, we will let the Supreme Court tell Today, no project seems too local or eral Government and the original in- too narrow, which is a big part of why us whether it is constitutional or not. tent of the Constitution is national de- Well, the Supreme Court is not the this country is buried in so much fense, national security, and foreign af- debt—$14.5 trillion. And then if you final arbiter of what is constitutional. fairs. The American people need to un- Neither is the President. Neither is look at the finance gap, it’s over $200 derstand that firmly. That’s foreign trillion. Congress. We all have something to say commerce. about that, certainly. So do the States. The powers of Congress are not un- We see over and over again the We the people are actually the final limited, which is why we must get back Courts defining general welfare in a arbiter. We the people need to demand to the basics of the Constitution, and different manner, much different man- original intent of the Constitution by we are going to talk tonight about that ner. In fact, the Courts have held that becoming knowledgeable about it. The original intent of the general welfare anything that has to do with anybody’s final arbiter of what is constitutional clause and highlight just how far we welfare, an individual’s welfare, is or not is what is in the Constitution have moved away from it. okay under the Constitution, but that’s and what our Founding Fathers said James Madison, number 41, in the not the original intent. The original in- about it, not what some Supreme Court Federalist Papers, wrote this: tent was the general welfare, the gen- ruling has said about it, because most ‘‘Some, who have not denied the ne- eral welfare of the Nation, not welfare cessity of the power of taxation, have of individuals. Supreme Court justices have no clue grounded a very fierce attack against We have developed this big welfare what the original intent is and don’t the Constitution’’—well, it sounds like system in this country. It all started in care. They just don’t care I don’t that today, doesn’t it—‘‘on the lan- earnest with Presidents Woodrow Wil- think. guage in which it is defined. It has been son and Franklin Delano Roosevelt. United States v. Butler 70 years ago urged and echoed, that the power ‘to President Franklin Delano Roosevelt dismissed Madison’s and Jefferson’s lay and collect taxes, duties, imposts, just exploded the size and scope of gov- narrow view of the Constitution, the and excises, to pay the debts, and pro- ernment through his New Deal—both original intent of the Constitution, and vide for the common defense and gen- Progressives; both had socialist beliefs. the Supreme Court held that the power eral welfare of the United States’ ’’— In fact, Franklin Delano Roosevelt to tax and spend is an independent We just showed you that. That is in sent his advisers, his closely held power, and the general welfare clause article 1, section 8, clause 1 of the Con- friends, his Cabinet people, to go visit gives Congress the power it might not stitution. with Stalin in Communist Russia to derive elsewhere. As he goes on, ‘‘amounts to an unlim- study what he was doing, what Stalin In Helvering v. Davis, the Supreme ited commission to exercise every was doing there so that FDR could rep- Court interpreted the clause even more power which may be alleged to be nec- licate it here in the United States, and expansively, conferring upon Congress essary for the common defense or gen- he did everything that he possibly a plenary power to impose taxes and to eral welfare. No stronger proof could be could to do so. He packed the Courts spend money for the general welfare given of the distress under which these because the Courts originally said the subject almost entirely to its own dis- writers labor for objections than their welfare clause, commerce clause, could cretion, our own discretion. Even more stooping to such a misconstruction.’’ not be expanded to include all this size recently, the Court has included the Now, that’s that old kind of lan- and scope of government. power to indirectly coerce the States guage. Basically, he was saying that it Thomas Jefferson: ‘‘Congress has not into adopting national standards by is inane to think that the general wel- unlimited powers to provide for the threatening to withhold Federal funds fare clause, this clause, can allow the general welfare, but only those specifi- in South Dakota v. Dole. Congress to pass laws about anything, cally enumerated.’’ Back to article I, Today, the Hamiltonian view pre- collect taxes, et cetera, collect any- section 8. dominates in the application of the thing. No stronger proof could be When my colleagues, Republican and general welfare clause, which has led to given. Democrat alike, vote for things that the expansion of the government to its Under the distress, that means under are not enumerated in the original in- $4.5 trillion debt. We spend up here the problems that are going to arise, tent, they are violating their oath of without considering the repercussions. under which these writers labor, the office. Every single one of us has stood ObamaCare is a great example. Supreme Court today, the President up here and has taken an oath of office. ObamaCare is a destroyer. It’s going to today, the last President, Republican The first I time I did that was when destroy jobs. It’s going to destroy and Democratic Presidents for the last I was sworn in the Marine Corps, 1964; budgets, people’s budgets, companies’

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Get a copy of the ‘‘Fed- James Madison a little later on in his well as the commerce clause and the eralist Papers.’’ Or if you don’t want to life wrote a letter to James Robertson elastic clause, that the courts have al- read it in old-style English, get the in 1831. In this letter he said, ‘‘With re- lowed this to happen, the Presidents ‘‘Federalist Papers’’ in modern lan- spect to the words ’general welfare,’ I and the Congresses have allowed it to guage, this document. have always regarded them as qualified happen. Read what our Founding Fathers said by the detail of powers connected with Mr. Speaker, we the people need to about the Constitution. Read the anti- them.’’ Connected with them. In other stand up and say no to taking our lib- Federalist Papers. Those are the guys words, those things in article 1, section erty away. Our Founding Fathers over who did not want a strong Federal Gov- 8 and the rest of the Constitution as it and over again during the original pe- ernment. But you will see in the ‘‘Fed- was intended. ‘‘To take them in a lit- riod would rush to the floor with this eralist Papers,’’ those who argued for a eral and unlimited sense would be a book in hand, the holy Bible, and they strong central government, we have metamorphosis of the Constitution would come to the floor, the House and enumerated, very limited and defined into a character which there is a host the Senate, go to the floor of the Con- of proofs was not contemplated by its powers as James Madison states, stitutional Convention and say, look creators.’’ The creators of the Con- Thomas Jefferson states. what I found, what our Creator says. stitution are those folks who wrote it Former U.S. Senator Everett Dirksen Benjamin Franklin proposed prayer in and those folks who ratified it. once said when he feels the heat, he This literal and unlimited interpreta- the Constitutional Convention. We sees the light. Members of Congress in tion is destroying America. It’s de- pray today every day that Congress the House and the Senate, need to see stroying our economy. It’s destroying opens because of that prayer that Ben- the light by feeling the heat of we the everything that has been good in this jamin Franklin recommended. people. Nation. We need to cut our outrageous In his speech, and I encourage you to You see, in Psalms 11, God asked the spending for the well-being of our Na- go read it, he said, if our Creator no- question: If the foundations be de- tion and apply the general welfare tices when a bird falls to the ground, stroyed, what are the righteous to do? clause as James Madison originally in- how can we build a nation without the God has given us free will. He has tended. help of Providence, of our God, our Cre- given us freedom. He has given us lib- It’s got to stop. Mr. Speaker, when I ator? erty, unlike any society ever in history come to the floor to vote or when I You see, the Constitution was writ- has seen, ever experienced; but we are write legislation, my staff and I write ten on biblical principles. In fact, our losing it. And the only way we are legislation, we have a four-way test Founding Fathers quoted the holy going to put it back on the right course that I apply to every vote I make and Bible more than any other source. is for people to become knowledgeable everything I do here. The first question David Barton has a ministry in Aledo, about the foundational principles so is, ‘‘is it right?’’ By that question I Texas, called WallBuilders. He has that we can put this country back on a mean, is it morally right? Does it fol- more original source documents than solid foundation so it is not built on low the Judeo-Christian biblical prin- probably anybody. He wrote a book shifting sand so that we can change the ciples that this Nation was founded called ‘‘Original Intent: The Courts, course of history. the Constitution, and Religion.’’ I upon? A lot of liberals across this coun- The direction we are heading today is highly recommend this, too. try who are watching this will start going to destroy everything that has WallBuilders is a great resource of blogging, and some of the liberal news been good about this country. It is what the original intent is and what media will say that I want to set up a going to destroy our liberty. We are theocracy here in America. Nothing our Founding Fathers have said about not going to have the freedom that we could be further from the truth. Our the Constitution. have enjoyed, even in the past few dec- Founding Fathers didn’t want a theoc- b 2000 ades, which is much less freedom than racy either. Freedom of religion in the they experienced in this country 100 First Amendment is very dear to me. But, you see, back to something I years ago. It’s very dear to all of us. But we have mentioned earlier, God says in Hosea freedom of religion in this country so 4:6: My people are destroyed for lack of Look at these questions. I think they that Jews, Buddhists, Muslims, Hindus, knowledge. are very reasonable. Is it right? Does it atheists, humanists, yes, even Chris- I have heard that beginning line fit the Judeo-Christian principles the tians, can make a personal choice of preached a number of times, but very Nation was founded upon? Is it con- what their religion is and can celebrate seldom do I hear a pastor go past that stitutional in its original intent, not and worship in their religion as long as line. The whole verse says, and remem- this perverted idea that we are oper- it doesn’t infringe upon somebody ber, this is a promise from a holy, ating on today? Do we need it? And can else’s rights, because this Nation was righteous God that can do nothing else we afford it? If we went to these ques- founded upon biblical principles, the but fulfill the promise. His promise is tions, we wouldn’t have $14.5 trillion of principles of freedom and liberty. this when he spoke through Hosea to debt. We wouldn’t have all of the un- We have gotten away from it. I be- the Israelites, he speaks to us today, funded liabilities of the Federal Gov- lieve so much in these four questions our Creator says: My people are de- ernment which are tremendous. We that I have them printed up. If some- stroyed for lack of knowledge. Because wouldn’t have the loss of liberty and body comes to my office, they’ll see you have rejected knowledge, I also freedoms that we see going on here them on the desk of all my legislative will reject you from being priest for today. We wouldn’t have a lot of the people in my offices. There’s a copy on me. Because you have forgotten the debates that we have here in Congress. my desk. It’s on the home page of both law of your God, I also will forget your We the people need to start holding of my Web sites. I wish every Member children. every single Member of Congress, every of Congress would apply these four And I get goose bumps and shivers President, every public official, local, principles. Is it right? Is it constitu- every time I say that, literally, be- State, as well as Federal, because they tional in it original intent? Not this cause it is a promise from a holy, all take that same oath, to defend the perverted idea of the Constitution that righteous God that can do nothing else Constitution. The vast, vast majority Presidents, Congresses, and the Federal but fulfill that promise. are violating that oath; and the only court systems operate under. Is it nec- You see, the future of our Nation de- way that we the people are going to essary? And can we afford it? Four sim- pends upon we the people, the most change things, the only way we are ple questions. powerful political force in this Nation going to put this country back on the You see, we’ve gotten away from the becoming knowledgeable, becoming right course is for we the people to de- original intent of the Constitution. knowledgeable about the Constitution, mand it.

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.041 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2593 So please contact your neighbors, Con. Res. 36) directing the Clerk of the Armed Forces, but also in the private your friends, get them to read the Con- House of Representatives to make a arena as well. stitution. Read the ‘‘Federalist Pa- correction in the enrollment of H.R. So I look at what the Republican pers.’’ Read what our Founding Fathers 1473, which was referred to the House budget has done, which we will con- said about government. Understand Calendar and ordered to be printed. sider later in the week; and it slashes how far we have gotten away from f money for medical research. I say let’s those original principles, how much we apply Mr. BROUN’s four-way test: Is it have lost our freedom, how much we REPORT ON RESOLUTION PRO- right? Is it moral? Also, does it make have gotten away from liberty and how VIDING FOR CONSIDERATION OF any sense to cut medical research when close we are to becoming a socialistic, H.R. 1217, REPEALING PREVEN- we have brave men and women who communistic nation in this country. TION AND PUBLIC HEALTH FUND after making incredible sacrifices are That is where we are headed. Mr. NUGENT (during the Special reacquiring some of their lives because The only way it is going to change is Order of Mr. BROUN of Georgia), from of the taxpayer money we have spent if the American people will stand up the Committee on Rules, submitted a in funding critical research? It would and demand something different, start privileged report (Rept. No. 112–61) on be immoral—Don was his name—to throwing people out of office that vio- the resolution (H. Res. 219) providing deny Don his request that we continue late their oath of office, and put people for consideration of the bill (H.R. 1217) to fund medical research that is going in office that are going to stand firm to repeal the Prevention and Public to help him regain his capabilities, his for freedom, for liberty. Health Fund, which was referred to the physical function, as well as to con- I am going to stand firm for the Con- House Calendar and ordered to be tinue to fund the medical research that stitution as it was intended, and I am printed. will help the thousands of young men going to continue to fight for the Con- f and women who have sacrificed so stitution as it was intended. There are much for us. precious few here in this body that will FISCAL CHOICES So as we enter this debate this week stand and even vote that way. The only The SPEAKER pro tempore. Under on the Republican budget proposal/the way we are going to change it, the only the Speaker’s announced policy of Jan- Democratic alternative budget pro- way we are going to save America, is uary 5, 2011, the gentleman from Ken- posal, we have choices to make. That’s for we the people to stand up and de- tucky (Mr. YARMUTH) is recognized for always what government is about. It’s mand it. 60 minutes as the designee of the mi- about choosing: How do we spend the I believe we can; I believe we will. I nority leader. taxpayer money that we ask our tax- believe we are at the beginning right Mr. YARMUTH. Mr. Speaker, it is a payers to contribute to the general now today of a new dawn in America, a great honor to be here on the floor of welfare of this country? dawn of liberty, a dawn of freedom, a the House of Representatives talking Last week, we sat in the Budget dawn of limited government, a dawn of to the American people about one of Committee and considered the Repub- strong national defense and national the most critical things that this body lican budget. I’m sure that my charac- security, a dawn where our children does, and that is to decide how much terization of the Republican budget and grandchildren are going to grow up money we ask our citizens to con- will be different than the Republicans’ in an economically prosperous Nation tribute to the government and how characterization of their budget. Yet I where there are going to be jobs in the that money is going to be spent. will say one thing, that we all agree private sector, where people are going I didn’t come here intending to re- that we have a fiscal challenge in front to be able to operate within their soci- spond to the gentleman who spoke be- of us. We have enormous deficits. We ety without all of the constraints of fore me, but he cast in one respect the can argue about how we got here, but government. whole debate over our budget very well I’m not going to spend time debating We have got to demand it. The future when we had Mr. BROUN’s four-way that tonight. We clearly have a chal- of this country depends upon it. Your test. The first thing that Mr. BROUN lenge, and the future is even more chal- children and your grandchildren de- listed was: Is it right/moral? And I lenging. So the question is: pend upon it. Join in the fight. agree with him because when we debate As we approach this budget deficit, f the budget of the United States, when this future of deficits, a very, very we debate how we are going to spend large national debt, what is the best REPORT ON RESOLUTION PRO- the taxpayers’ money, the first ques- way to approach it? VIDING FOR CONSIDERATION OF tion we should ask is: Is it right, and is Now, the Republican answer is that H.R. 1473, DEPARTMENT OF DE- it moral? The converse is if we don’t there is only one side of the ledger. FENSE AND FULL-YEAR CON- spend something, is it wrong and is it Most homes, most businesses have two TINUING APPROPRIATIONS ACT, immoral. sides of the ledger. They have an in- 2011; PROVIDING FOR CONSIDER- Today, I had the great honor of vis- come side, and they have an expendi- ATION OF H. Con. Res. 35, COR- iting Walter Reed Hospital. I got to ture side. As far as the Republicans on RECTING THE ENROLLMENT OF speak with several of our extremely the Budget Committee are concerned, H.R. 1473; AND PROVIDING FOR brave, courageous soldiers who have we only have an expenditure side. CONSIDERATION OF H. Con. Res. been injured in battle. And one young You’ve heard the Speaker of the House 36, CORRECTING THE ENROLL- man who lost both legs, one just above say we only have a spending problem; MENT OF H.R. 1473 the knee and one all of the way to his we don’t have a revenue problem. Mr. NUGENT (during the Special pelvis, and lost a little bit of finger on You’ve heard my senior Senator from Order of Mr. BROUN of Georgia), from one hand was on what can only be de- Kentucky, the minority leader of the the Committee on Rules, submitted a scribed as bionic legs which he said are Senate, say we don’t have a taxing privileged report (Rept. No. 112–60) on extremely good, the technology is ex- problem, a revenue problem; we have a the resolution (H. Res. 218) providing tremely advanced; but they still don’t spending problem. for consideration of the bill (H.R. 1473) help him walk. He talked to us for a In fact, if you look at our situation making appropriations for the Depart- long time about what he had been right now, we’re no different, in a lot of ment of Defense and the other depart- through, the progress he had made, and respects, from the average household ments and agencies of the Government what he hoped to achieve with tech- or the average business. If we have a fi- for the fiscal year ending September 30, nology. nancial challenge, we do a couple of 2011, and for other purposes; providing things. We ask, Okay, where can we cut for consideration of the concurrent res- b 2010 costs? Then we ask, How can we gen- olution (H. Con. Res. 35) directing the His parting comment to us was that erate more revenue? Those are the two Clerk of the House of Representatives this is the result of the Federal Gov- options. As far as the Republicans are to make a correction in the enrollment ernment spending money on medical concerned, there is only one option. It of H.R. 1473; and providing for consider- research. This is helping people not is to cut expenditures. Unfortunately, ation of the concurrent resolution (H. just in the military, not just in the my characterization is that they cut

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.043 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2594 CONGRESSIONAL RECORD — HOUSE April 12, 2011 the programs which help the most vul- the American public that it’s pro- has been impacted severely and would nerable people in our country. ducing savings. But where do those take even more hits if this budget were On the other hand, what do they do savings go? There are trillions of dol- allowed to pass through. on the revenue side? They say, Well, lars of cuts to the middle class in this Mr. YARMUTH. I thank the gen- let’s see. Millionaires and billionaires Republican plan. Those trillions of dol- tleman. He mentioned the ‘‘road to haven’t done quite well enough over lars of cuts that they deem as savings ruin.’’ It’s also a road we’ve been down the last decade or so. Twenty years are then that fuel that provides the re- before. ago, they only earned 9 percent of all sources to cut the trillions of dollars’ Mr. TONKO. Absolutely. income in the country. Now they earn worth of millionaire/billionaire tax Mr. YARMUTH. It is a road we’ve 35 percent of all income in the country. cuts to provide for the continuation of been down before. That’s not quite good enough. Let’s services that contractors will provide, Back under the Reagan administra- give them another tax break. The Bush which have been deemed wasteful or at tion, this whole magical economic the- tax cuts were okay, but they weren’t times fraudulent, with the Pentagon. ory of trickle-down economics was de- quite large enough. So instead of cut- They will continue to protect those in- veloped. And the idea was, you let peo- ting their rate from 39.6 to 35 percent, vestments. They will allow for addi- ple at the top make as much as they let’s cut their maximum rate to 25 per- tional relief for corporations. possibly can, do as well as they pos- cent, and let’s see what that does for So it’s sliding dollars out of the sibly can, and that will trickle down the economy. pockets of the middle class and invest- and help everybody else. The man who I think most of my Democratic col- ing them, the spending that they do, as was largely responsible for that policy leagues would agree that, if we’re going they accrue those savings. The new under the Reagan administration, to approach this deficit and the na- spending that they do is tax cut deliv- David Stockman, who was his budget tional debt in a responsible way, we’ll ery for those in the upper echelon. To director, he said just last year, ‘‘I find look at both sides of the ledger. We will me, it sounds very much like the pre- it unconscionable that the Republican ask people who have done extremely recession situation under the Bush ad- leadership, faced with a $1.5 trillion well and who have the capacity to give ministration which led us to this deep deficit, could possibly believe that more to pay a little more, and we will and very painful and long-term reces- good public policy is to maintain tax make responsible cuts that are bal- sion. Their plan has been dubbed by cuts for the top 2 percent.’’ That was anced across the sector. themselves, by their own Members, as last year when we were actually debat- There are so many ramifications to the Path to Prosperity. I would suggest ing whether to return to the Clinton- this debate, and we’re going to be de- that it’s a road to ruin for the middle era tax rates—the Clinton era, by the bating it all week, so I am proud to class and that it’s a road to riches that way, which resulted in one of the most have with me today some members of paves the streets with golden opportu- impressive decades of job growth in the Budget Committee from the Demo- nities for those who are the most com- this country. cratic side to help me discuss this. fortable in society, for those deemed on Now they even want to double down It is my great honor now to yield to top of the perch. on that. They not only don’t want to the gentleman from New York (Mr. This is a very interesting scenario go back to the Clinton era tax cuts; TONKO). that is being placed before this body, they want to cut it even further. And Mr. TONKO. Thank you, Representa- before all of Congress for that matter. their theory is that by cutting the tax tive YARMUTH, and thank you for lead- We need to put it under the micro- rate by 10 percent more on the wealthi- ing us in this discussion. scope, and we need to message to est people in this country, that they It is rather interesting to hear you, America what is happening. You take will create more jobs. Where do they with your introductory comments, from the poor and the middle class. get this stuff? Well, the only source speak of the approach to one side of the You slide it over to the most com- they have for that theory is the Herit- ledger. What has been advertised out fortable—to corporations and million- age Foundation. Now the Heritage there, what has been messaged, is that aires, billionaires, oil company hand- Foundation was also the group that what we have are these cuts that trans- outs, mindless handouts. That’s how said that if we cut taxes under the late into savings: we’re going to save they pay for those, by sliding that cash Bush administration, that we’re going at the expense of the middle class. down that slippery slope and investing to have this enormous job growth and We’re going to cut programs for sen- it in tax cuts, spending it on tax cuts this enormous surplus. It didn’t quite iors, for veterans, for children, for for those, as you indicated, who just work out so well. But they’re saying working families, for small businesses. didn’t get quite enough under the Bush now—this is what I call the ‘‘Harry That will produce savings—this propen- tax cuts. Potter budget.’’ You wave your magic sity for tens of billions of dollars’ In a while, too, I want to go toward wand and you make anything sound worth of cuts, for $100 billion worth of the Medicare situation. They want to like it’s true—cut taxes further on the cuts, and an insatiable thirst for cut- end Medicare with this budget. I want rich, slash spending to help the low- ting domestic programs that really to talk about that after we hear from and moderate-income people in this provide the dignity factor for many some of our other colleagues. country, and the economy will bloom. families as well as provide for job cre- This is an interesting scenario—a Well, I’m not buying it. I don’t think ation and retention. road to ruin, a road to riches. It’s a most Americans will buy it. But again, We saw what happened when we in- complete separation, a dichotomy, of it’s a road we’ve been down before, so vested in job creation, which was to special needs out there, coming at the we have some evidence. gain over 2 million private sector jobs expense of middle class America. It’s a At this point, I’d like to introduce in just over the last year. So we know raid on our middle class. It’s paving and yield time to a great new Member that those investments oftentimes will the road to riches for the very fortu- of Congress and also the Budget Com- lead to lucrative dividends. They will nate, and it’s creating the road to ruin mittee, the gentlelady from California relate to programs that are required for America’s middle class. (Ms. BASS). for our working families, for our mid- Ms. BASS of California. Thank you dle class Americans across this great b 2020 very much, Mr. YARMUTH, for your country. Also, they provide for an op- Without a strong middle class, with- leadership in this effort. portunity for job creation, which pro- out enhancing the purchasing power of You know, as a new member on the duces the sort of mix—that down pay- our middle class, we have a weakened Budget Committee, we had an inter- ment, the priming of the pump, if you America. That is easy enough to prove esting week last week. We really just will—that makes it all happen. through history. completed a week where we saw the far So, Representative YARMUTH, you are So thank you again, Representative right of the Republican Party take correct in talking about this as a one- YARMUTH, for bringing us together on a their party off the ledge and way out of sided approach. Yet what troubles me very important discussion here in the the mainstream. They’ve declared war is that there is this messaging effort House of Representatives as we con- on seniors, on the disabled, on the sick, under way that would try and convince tinue to fight for the middle class that on children, and on the underserved by

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.045 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2595 proposing to end Medicare and Med- sore on the heel of his foot. He told me and eventually come to the emergency icaid as we know it. They’ve cham- in the history that he was a diabetic. room—which is so incredibly short- pioned the budget, entitled the Path to But he had tried a series of home rem- sighted because in the end it winds up Prosperity. edies and he finally came to the ER costing taxpayers so much more money This is a plan that simultaneously when his heel started turning purple. because these people are going to be ends Medicare while giving billions in Well, as I interviewed the patient and I cared for. So we are fooling ourselves if tax breaks to Big Oil and the wealthi- asked about his medical history, he we think that seniors are just going to est Americans. Mr. TONKO called it the told me that he had been diagnosed be able to meet what the voucher ‘‘path to ruin’’; I thought about the with diabetes years ago, but he doesn’t cover. ‘‘Ryan-to-ruin’’ plan. couldn’t afford his medication. So he Thank you very much for your lead- It generously gives senior citizens a was trying to watch his diet and do the ership in this. gift, and that gift is a voucher to pur- best he could. Well, for those of you Mr. YARMUTH. I thank the gentle- chase health care. The senior citizen who don’t know, a patient with a his- lady for her contribution and for her then has to identify an insurance car- tory of poorly controlled diabetes who work on the Budget Committee. rier that will take the voucher; and if presents to an emergency room is like- I know somewhere toward the end the person is lucky, the voucher will ly to have a series of complications. there the gentlelady mentioned jobs, cover all the cost. I do think that this Well, this man ended up as an amputee and this is something that is kind of at would be rare. And I don’t know what because the sore on his heel—that he the core of what we’re trying to work happens in this plan if after a couple of didn’t realize—had developed into gan- toward. years or a couple of illnesses the insur- grene, and that’s why his foot was b 2030 ance company decides to drop the per- turning colors. son or raise the rates. You know, under So just thinking about the cost of We’re trying to find a budget, develop the Affordable Care Act, of course, this, the total cost of this visit was a budget that will stimulate the econ- they couldn’t do that, but if the Ryan $12,000 and his leg. That bill included a omy, that will create jobs. And we plan does what he wants, he wants to $2,000 charge for his emergency room know that under the Ryan budget, repeal the Affordable Care Act, so all of visit and lab tests, a $6,000 charge for again, according to the Heritage Foun- that would come back into play. The an amputation, and a daily charge of dation, the way they get to some kind person would have to pick up the rest $1,400 for aftercare. If this patient had of fiscal sanity is they project that un- of the cost under the Ryan plan. had access to routine preventive care, employment in the country will be re- Now, I believe that we are simply he would still have his leg, and $12,000 duced to 2.8 percent by 2016. foolish and we are fooling ourselves if would be saved. Now, I don’t know any reputable we think all seniors will be able to just So why do I share this story with economist in the country that thinks write a check and pay the difference. you? Well, we’re fooling ourselves if we that’s feasible, particularly when That’s what is said, they will just pay don’t understand that turning Medi- you’re slashing a lot of government the difference, they will just have to care into a voucher and leaving seniors spending that does create jobs, particu- absorb more cost. A more likely sce- to fend for themselves is simply deny- larly in the health care arena; but no nario is that seniors will simply not ing adequate health care that in the one has been more vocal and more have medical coverage, and we will be end will cost us so much more in suf- knowledgeable and more articulate sent back in time to when seniors did fering and in hospital costs that will about what it takes in this country to not have coverage because insurance ultimately be borne by taxpayers. create jobs than Mr. GARAMENDI from companies didn’t want to cover them. I Today in my office I met with rep- California. often say to people that you can judge resentatives from several hospitals who I welcome him to the discussion and a society by how it treats its elderly were describing the challenges that yield to him now. and its children. The ‘‘path-to-ruin’’ they face now. So there is an area of Mr. GARAMENDI. Thank you very plan hurts both populations. Los Angeles County where 600,000 peo- much, Mr. YARMUTH. What I wanted to do today was to ple live—and the last time I checked For the members of the Budget Com- share a story, but just talk for a mo- that was around the entire population mittee, you’ve had a steep and difficult ment a little bit about the Ryan plan. of the State of Vermont, 600,000 peo- job as the Republicans have attempted When it takes effect in 2022—that’s ple—where there is not one trauma simply to ram down the throats of this only 11 years from now—the average center, there is not one emergency Congress a really unacceptable budget, senior would receive an $8,000 voucher room because all of the four hospitals one that does destroy opportunities. to buy insurance. What I wanted to in that area have closed. Now that’s I would love to talk about Make It in share with you was the years that I today. America, and I will in a moment, but I spent working in the emergency room. Under the Ryan plan, vouchers for was just listening to my colleague from I worked in Los Angeles County, USC— seniors and vouchers for States—be- California, and she raised the issue of one of the largest emergency rooms in cause that’s the bottom line as to what the medical care here in the United the United States. And the emergency a block grant is, it’s a voucher; instead States. room is so large, it is divided into dif- of a voucher for an individual, it’s a It was 1964 that the United States set ferent sections. One section that I voucher for a State. The hospitals they out on a very, very important mission, spent a couple of years working in is represent that all border this area— and that was to provide health care to called ambulatory care, but we used to that has no trauma center in it and has seniors. Prior to that time, and I know call it the ‘‘walking wounded’’ because, no emergency room and has no hospital from my own county where I grew up frankly, the people that came to that because they’re all closed up—they in Calaveras County, if you became a section of the emergency room would essentially have to absorb—and senior, you were destined for a very, shouldn’t have even been in an emer- they have been absorbing—the popu- very rough road. There was literally no gency room, but the reason why they lation, these 600,000 people. So they insurance available for you, and there were there was because they didn’t were concerned, and they came into my was no opportunity for you to get your- have health insurance, they didn’t have office today concerned that they could self out of poverty unless you happened access to care. And what typically hap- potentially face closure now, given the to be among the wealthy. It was a ter- pens is that if you don’t have access to situation. rible situation. care, by the time you eventually see If we were to adopt the Ryan plan— So during the Lyndon Johnson period someone, you are much sicker than the ‘‘pathway to ruin,’’ however you in 1964, they created a program called you would have been. want to describe it—I think we would Medicare so that when you became 65, So I remember a case where a dia- be setting the stage for hospital clo- you had an opportunity to get a solid betic patient, who was not 65 and, sures to continue, for more patients to health care program available to you— therefore, he couldn’t access Medicare, come into the walking wounded area of a doctor program, a hospital program. he came into the walking wounded area emergency rooms, for there to be more You had to pay a little bit for the hos- or the ambulatory care area with a amputations, for people to be sicker pital program, but it was guaranteed

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.047 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2596 CONGRESSIONAL RECORD — HOUSE April 12, 2011 available to you. And every American Care Act, very specific things to rein in tantly, on the American families, the 65 and over had that policy. the cost of medical care. middle class. Here we are, 40-some years later, and Two examples. One: hospital infec- What did work, what lesson in his- what’s taking place? Our Republican tions. Not only deadly, but costly. Now tory stands very strong and tall is that colleagues are determined to termi- every hospital in the United States is during the FDR Presidency when this nate, kill, stop, eliminate Medicare. forced by the Affordable Health Care country was hurting from one of the They do it in a subtle way. Act to pay attention to hospital infec- worst economic struggles it had to But I want everyone to know that tions. It’s probable that one of our col- face, they came up with a program that this year if the Republican budget goes leagues who was with us here in this invested in job creation, invested in forward, this will be the tombstone for House last year died as a result of a the American worker, invested in Medicare: ‘‘Medicare: 1965–2011. Created hospital infection just last week. This American families. by Lyndon Baines Johnson, LBJ. De- is serious stuff. It’s in the Affordable We created infrastructure; we built stroyed by the GOP.’’ Health Care Act. Hospitals would be across America the needs of this great How do they do it? They do it by say- penalized. Nation. And today, some of those insti- ing everyone that is 55 years old today Secondly, electronic medical records tutional efforts are still serving our will never get Medicare. It’s over. And so that the mistakes are eliminated. needs. They stand as a monument of for those that are on Medicare, their Let me turn this back to you, Mr. government responding in a way that lives will move on and eventually YARMUTH and Mr. TONKO. You on the embraced compassion, that came for- they’ll be gone also. And Medicare dies Budget Committee have served so well, ward with an intelligence that enabled with this budget. This is a central part so hard, fighting the initial battle to us to grow out of those economically of the American promise to every sen- protect America’s seniors and to pro- difficult times. And we were benefited ior, and the Republicans are deter- tect this Nation’s future. Thank you by that sort of leadership. mined to terminate Medicare and put a for the opportunity to join you. tombstone dated this year, 2011. Mr. YARMUTH. I thank the gen- b 2040 You’ll get a voucher; but as my col- tleman for his contribution and also What we need today is an investment league from Los Angeles so eloquently want to segue from what he said be- in job creation. Think of it. As we said, that voucher will be worth very cause he talked about Medicare and the enter into a global race on clean en- little when the time comes. And you’ll ability to save money in Medicare. One ergy and innovation, other nations are be thrown to the insurance sharks. of the ironic things about this debate bulking up and we are defunding with I understand insurance. I was the in- has been that last year when we were this budget. We are defunding R&D, re- surance commissioner in California for passing the Affordable Care Act and search and development for science and 8 years, and I know what the health in- found $550 billion over 10 years that we tech jobs. How can we expect to win a surance companies want to do. They could save in Medicare and reinvest in race, a global race, when we’re tying want to make sure that they insure new benefits, during the campaign that our hands behind our backs and are not somebody who will never get sick. Pre- year, we were chastised for slashing allowing us to go forward? existing conditions, raise the rates, But to Medicare, the history learned change the benefits, increase the co- Medicare. Yet those same Republicans, in developing their budget and saying there, and Representative GARAMENDI pays, end the deductibles, all of that. pointed it out, pre-1965 people were So the future population of seniors in how great they are at cost-cutting, are using the same savings that we found, being cherry-picked, they were being just 10 years will be thrown to the led along without appropriate health wolves, and they’ll be at the mercy of the same savings of $550 billion, that care coverage, without insurance be- the health insurance companies. they ran millions and millions of dol- cause they were perhaps dealing with a We cannot let that happen. This is a lars against Democratic candidates fight for the very nature of America. last year. And they’re taking credit for preexisting condition, they were a com- This is a fight not only to protect sen- that in their budget, which is inter- plex case, they were ignored, they were iors but to protect those who want to esting. totally just abandoned by an insurance become seniors. I want to know what I know Mr. TONKO is chomping at the opportunity. Because of that, our Na- American out there today does not bit to talk about Medicare some more, tion, with compassion again, the his- want to live long enough to get to so I’ll yield to him at this point. tory it wrote through those LBJ years Medicare. Mr. TONKO. Thank you, Representa- was to establish a Medicare program. They know that today because of the tive YARMUTH and Representative Look what happens. This chart will Democratic Congress they have an op- GARAMENDI. Thank you both for your tell us when we get rid of Medicare, portunity to get insurance with the input. when this Republican plan, if it had its Health Care Reform Act, but they Now, Representative BASS of Cali- way, ends Medicare, we are going to see know that the Republicans want to fornia talked about the Medicare trans- this very impact coming upon our sen- take that away, too. The very first formation that would really hurt peo- iors. We will go back to the pre-1965 piece of legislation that the new Re- ple across this great country, and it years. Look at this. This is the current publican Congress passed was the re- seems as though you would expect ev- Medicare program, where benefits for peal of the Affordable Health Care Act. eryone that serves here to be an avid our seniors enable them to avoid often- This is step two, to dismantle. fan of history, that we would want to times the out-of-pocket expenses. Now, I’m going to take another 30 be taught by the history that has built It is forecasted by independent seconds and then turn it back to my this great Nation. groups out there, not by partisan colleagues on the budget side. We heard earlier from Representative thinking here in the House, but inde- But here’s what we must do. We must YARMUTH about the repeats of the tax pendent bodies are suggesting that it get to the root cause of the underlying cuts that were recent history. We saw will double in the early years in terms inflation in health care. it during the second Bush Presidency. of what is expected of our seniors Terminating Medicare does not stop We saw it during the Reagan era where digging deeper into their pockets. And health care inflation. What could stop we did this trickle-down theory: if we by the year 2030, it’s forecasted triple it are the kinds of reports and the reduce the burden at the top, it will what they are paying today. This is an- kinds of suggestions that I made 5 trickle down and everyone will have other way to provide savings for the years ago when I wrote this document jobs galore. sole purpose of investing those savings called ‘‘Priced Out.’’ Forty-three sepa- Well, you look at the history, and in millionaire, billionaire tax cuts, in rate things that we can do—specifically those two scenarios just did not work. oil company handouts, in corporation for California, but it’s applicable for They did not work. And as students of relief. This is the effort here. It is a re- America—43 separate things that we history, all of us as Representatives, verse Robin Hood. It is going after the can do to bring down the costs of med- we should absorb that lesson, and we middle class, which is the strength of ical care. should know that a repeat of that kind America. It turns out that about a dozen of is only going to wreak damage on the Give that middle class its purchasing those were in the Affordable Health American economy and, more impor- power. Give our middle class seniors

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.049 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2597 their Medicare program. Let them have one Republican voted for that. And thing—the economy floundered after dignity. Let there be a quality of life. their argument was, and I know they the Bush tax cuts went into effect. So Let there be the opportunity for work, believe this because they keep saying again, all we’re saying is if we’re going for employment, and let the masses it and have always said it, that if you to ask people to sacrifice as we try to enjoy the benefits of those sorts of pro- raise the tax rate on the highest-in- get our fiscal house in order, we need grams. That’s what we’re talking about come Americans that they’re going to to ask everybody. In particular, we here. History repeated. Bad history re- lose incentive, that they’re not going need to ask the people who have done peated. Good history ignored. And our to work as hard, that they’re not going the best and who have earned the most seniors will suffer from this Medicare to make investments because you are and who have the most wealth. program. This end to the Medicare pro- eliminating their incentive. Again, the person who has talked gram will bring about suffering for Well, for those with a long memory, more about what it takes to create jobs them because of greed and because of the highest marginal tax rate in this in this economy is my colleague from the road to ruin that has been estab- country’s history back in the sixties California. I yield to him again. lished by this so-called path to pros- was 91 percent—I am sorry, under the Mr. GARAMENDI. Thank you very perity. Eisenhower administration—was 91 much, Mr. YARMUTH. This is what you Representative YARMUTH, I believe percent. When my father built his com- were talking about here, a different that we need to do better than this. We pany in the sixties and seventies, the way of saying the same thing that you should not fail our seniors, our dis- highest marginal tax rate was 70 per- discussed. This is over the period of abled, and as Representative cent. When Ronald Reagan took office time from 1979 to 2005. This is the in- GARAMENDI said, future generations of it was 50 percent. Now it’s down to 35 come growth by each 20 percent of the seniors, an onslaught of baby boomers percent, and they want to cut it even population. So those people at the very that will be impacted by all of this ac- further. bottom saw almost no income growth tivity. Now, they had this belief, again, that at all, 200 bucks. And as you go to the Mr. YARMUTH. Thank you very if you raise rates you’re going to de- next 20 percent and the next 20 percent, much, Mr. TONKO. There are so many stroy incentives. I built a company, you get up to the last 90 percent, they aspects of this that deserve to be dis- both my brothers have built very suc- did okay. They made about $745,000. cussed. One of the things that’s kind of cessful companies, my father built a b 2050 sad is that the Republicans, in talking very successful company. Not one of us about their plan to privatize Medicare, has ever said, oh, my gosh, because I So that’s the 90 to 99 percent of the say, oh, this is just like the plan that can only keep 60 cents of that next dol- population. Those are very, very Members of Congress have. Well, first lar I make rather than 64 cents or 65 wealthy people. They did okay. of all, Members of Congress have the cents, I am just not going to make that But you go to the top 1 percent, the same plan as every other Federal em- dollar. Just doesn’t make any sense for top 1 percent—excuse me, I am wrong. ployee, so it’s not necessarily anything me to work harder. Business people That’s the top one-tenth of 1 percent, special that we have. don’t think that way. That is not not even 1 percent. One-tenth of 1 per- But the only thing that is somewhat human nature. cent. That population saw their wealth similar about this is that you have I have one brother who is very suc- increase by nearly $6 million each, and some options in the private sector. We cessful. He is in the barbecue res- that’s what you were talking about, a buy insurance from private vendors, taurant business. You have all heard different way of displaying it. and we have a certain allowance. And me tell this story a hundred times. I What’s happening in the United under the Ryan plan, the Republican am going to tell it again. I asked him, States is this enormous shift of wealth budget, seniors, all those under 55 now, ‘‘What about this marginal tax rate to the super wealthy, and our Repub- when they become seniors they would thing?’’ And he said, ‘‘You know, if lican colleagues want to reward them have a certain amount that they could people can’t afford barbecue it doesn’t for their good success by reducing their spend—not just could spend, had to matter what my tax rate is.’’ And tax rate. So much for shared sacrifice. spend in the private sector because that’s really where we are as a country. And as Mr. TONKO pointed out, the they won’t be allowed to buy into any That’s where we’ve come as a country. sacrifice is really the middle class, be- Medicare program or a public option. Because we have let the middle class cause the benefits that the middle class The difference is, as you pointed out in decline, because their buying power has had, the future opportunity for Medi- your graphic there, that Members of declined not just in relative terms, in care, they are going to wind up paying Congress and Federal employees pay absolute terms over the last decade, more, getting less, as the Republicans about 28 percent of the premium. Under while the wealthiest Americans, these terminate Medicare as we know it the Republican budget, seniors are people making $1 million, $1 billion and today. going to pay 68 percent of their pre- more have done extremely well. The other part on taxes, and then I mium. Right now 1 percent of the American want to turn to one of my favorite sub- This is shifting the burden, the cost, people make as much as the bottom 90 jects, and that is how did we get to this and putting it on seniors who are on percent combined. We have the great- deficit, Republicans want to continue fixed incomes, who don’t have the abil- est disparity in income and wealth in giving $12 billion to $15 billion of our ity to pay. And what’s going to happen this country that we have had in al- tax money, this is money that you, I, to them? This is so unlike the Federal most 100 years. Yet ask millionaires the stenographer there, the people that insurance program. It’s frightening in and billionaires to pay a little bit work here, the men and women across its dishonesty. more—not a lot more. We are not say- America that are working, $10 billion But I want to talk about one thing ing go to 70 percent. We are saying go to $12 billion of their tax money, and quickly and then yield to Mr. to 39 percent from 35 percent. Not one they want to hand it over to the oil GARAMENDI again, because we talked Republican vote. companies. about taxes and tax rates. In the Budg- We’ve seen in the past what’s hap- Now, what in the world did the oil et Committee last week I offered an pened with tax rates. We have been companies need a tax break for? They amendment to the Ryan budget that talking a lot about history tonight. need a subsidy like, well, like they would have restored the Clinton era Under the Clinton administration, dur- don’t need it. Why? Because in the last tax cut, highest tax rate of 39.6 percent ing the Clinton years, top tax rate of decade, the oil companies, the big oil on Americans making $1 million a year 39.6 percent, 20.8 million jobs created. companies in the United States, have or more. Now, that is a very small per- After the Bush tax cuts, reducing that earned $947 billion dollars in profits. centage of Americans. Very small per- top rate to 35 percent, 653,000 jobs lost. That’s just shy of $1 trillion dollars in centage. Less than 1 percent of the That is not evidence for cutting the profits. And yet our Republicans de- Americans make over a million dollars marginal tax rate on the highest-in- mand that we give them another $12 a year. come Americans even further. billion to $15 billion a year. I said let’s just have them pay what We have seen again right now the Now, that’s bad enough. But I just they paid under the Clinton era. Not Bush tax cuts—this is the job loss came across this fact. ExxonMobil was

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.051 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2598 CONGRESSIONAL RECORD — HOUSE April 12, 2011 the most profitable company in the You want to deal with this deficit? tantly, they say, that we will increase world in 2008. In 2009, ExxonMobil made End the war in Afghanistan and bring revenues by almost double from $2.2 $19 billion of profit. Well, good for home $120 billion a year. We can do trillion dollars last year to $4.3 trillion them. And I am sure they paid their this. Tax policy? Let’s let the wealthy 10 years from now. fair share of taxes, right? Wrong. pay their share, let the oil companies Now, to put that into perspective, the Their effective tax rate was zero. So pay their share. 10 years before that we went from $1.9 since they didn’t pay any taxes, we Hold the expenditures steady and re- trillion in revenue to $2.2 trillion in ought to give them another $12 billion, duce it, as has been proposed, and do it revenue. Now, we have been up higher, to the oil industry. This is just plain in a way that creates economic growth. we have been up around $2.5 trillion. wrong. This is not good economic pol- We can do this. I know you gentlemen That’s the highest we have been. icy. on the Budget Committee fought hard b 2100 One thing, and then I know you want for that kind of policy. The Repub- me to talk about Make It in America, licans refuse. Now they’re saying we’re going to and I will in a few moments, but I get In fact, their proposal, it’s 30 years cut taxes on corporations from 35 to 25 so concerned when people talk about before you eliminate the deficit. We percent, we’re going to cut taxes on the the Democratic deficit. Hello? Not so, can’t have that. wealthiest Americans from 35 to 25 per- not a Democratic deficit; really, a Re- I will talk about Make It in America cent, and yet we’re going to experience publican deficit. before we are finished here, but I am unprecedented growth in revenue even That fellow over there, that’s Ronald going to turn it back to you Mr. though we are cutting taxes. Again Reagan. President Ronald Reagan left YARMUTH. But I think it’s really impor- they can’t get anybody to verify this at the end of his 8 years with a pro- tant for the American public to under- except the Heritage Foundation, which jected $1.4 trillion deficit, followed by stand where the deficit came from and has not been particularly accurate in George H.W. Bush. At the end of the how it can be solved over the long run the past. This is the Harry Potter George H.W. Bush period the projected without harming seniors, without tak- budget. This is their theology: Cut deficit going forward would be $3.3 tril- ing away Medicare and by making the taxes, the economy explodes. lion. Thank you, George H.W. Bush. critical investments that you have We’ve been down that road before, Between the two of you, you really ran talked about, Mr. TONKO, education, re- Mr. TONKO. I would like to yield to you up the deficit. search, Make It in America, those to talk about the Road to Ruin that we Then along came this fellow Demo- kinds of things. are about to be asked to drive. crat, Bill Clinton, put in policies voted Mr. YARMUTH. I thank the gen- Mr. TONKO. Thank you, Representa- by Republicans and Democrats, raised tleman. Just to elaborate a little bit on tive YARMUTH. I believe we don’t have the tax rate to what you said, 39 per- the issue of what creates jobs and what much time left in this hour of discus- cent for the super wealthy, and put in kills jobs, under H.R. 1, which was the sion. But let me just indicate that this place PAYGO. That PAYGO required Republican continuing resolution that entire House experienced an election that any new spending had to be paid was passed earlier this year—we are last November. Everyone was up for for with cuts or new taxes. still fighting that battle, and we will election. And I would dare say in talk- The result? Bill Clinton left office in be fighting it this week—but these are ing to many, many colleagues about 2001 with a projected $5.6 trillion sur- the principles that were reflected in the message that resonated back at plus. here that are now are reflected in the home it was about jobs, jobs, jobs. It Then along came George W. Bush, Jr. Ryan budget. was about the economy. That was the What did he do? First year in office, a And this is what various economists driving dynamic I believe at the voting tax cut. You were here weren’t you, said would happen if H.R. 1 would go booth. Mr. YARMUTH? into effect, and this was just for 6 And look at our track record here for Mr. YARMUTH. I am sorry, no, I months of the year. Call it ‘‘Slash- the first 31⁄2 months for the 112th ses- wasn’t here. I didn’t have the honor of onomics.’’ Federal Reserve Chairman sion of Congress. Not one bit of legisla- voting against those. Ben Bernanke—again this is 6 months, tion that would produce jobs was Mr. GARAMENDI. Okay, so you 200,000 jobs lost; Mark Zandi, who was brought to the floor. However, that weren’t here. A tax cut year one, a tax JOHN MCCAIN’s economic adviser dur- budget, as you just pointed out in your cut year two, a war, two wars, Afghani- ing his Presidential campaign, 700,000 Slash-onomics bar graph, might take stan and Iraq followed by a Medicare jobs lost; the Economic Policy Insti- as many as 975,000 jobs off the picture drug program that wasn’t paid for and tute, 800,000 jobs lost; and the Center for American workers, after we’ve the deregulation of Wall Street. The re- for American Progress, just shy of a spent just over a year creating over 2 sult: He left office with an $11.5 trillion million jobs lost. That’s over 6 months. million private sector jobs. Now that’s projected deficit going forward. This is Now as we saw on the chart before, in contrast with 8.2 million lost under where we are. contrast that with what’s happened the Bush recession. So we’ve got a long The day Obama came into office, just under the Obama administration way to go. President Obama came into office with and the policies that we adopted when But why would you reverse progress a $1.3 trillion deficit the day he took we were in the majority. Job growth with a budget that, with Slash- office, and we worked ourselves out of now, over 200,000 private sector jobs onomics, reduces nearly—well, we’ll it. Thank goodness the two of you were last month created. We are on the right even take some of the lower estimates here to vote for those pieces of legisla- track. of 400,000; why would you want to do tion. We are working ourselves out of And to slash spending the way that that at a time when we are recovering it. That chart that you showed a mo- the Republicans have proposed, with- from that very difficult economic ment ago shows the growth of the out an accompanying increase in rev- time? economy. enue, is going to do further damage to I think it’s so important for us to in- We need to understand that we are what is now a solid recovery that’s form the constituents out there and not going to get out of this deficit with under way. tell middle class America this is a tip- the kinds of cuts that are being dis- I just have to laugh a little bit again ping point in our history. This is cussed by our Republicans. It’s going about the projections of the Ryan Re- whether we fix an economy, create a to take a balanced approach. publican budget, because they have situation where we come forth and President Obama has set out a bal- made a big deal out of saying this is $6 produce products not yet on the com- anced approach. He said no growth, no trillion better than the Obama budget mercial scene. A leading nation can do growth in the discretionary Federal over the next 10 years. that when it embraces its intellectual budget. He will probably, tomorrow, Well, the way they get to that, once capacity. You build products not yet talk about how to hold down medical again we said it earlier, is to project discovered and engineered. That is costs, and I gave you some examples a that unemployment will come down to making it in America. That’s what we moment ago. Those are the big drivers, 2.8 percent in 5 years, which no econo- can do if we invest in our workforce and the military. mist says it would be. But more impor- and invest in our education. But we’re

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.053 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2599 denying all those investments with ment, and slashing investment in infra- If you look at the blue side of that this budget, just like this Medicare structure while at the same time giv- chart there, that is what we in Wash- chart which, as you indicate, will have ing more and more tax breaks to ington call discretionary spending. And seniors receiving 32 cents on every wealthy individuals, millionaires, bil- defense is about 20 percent of the dis- health care dollar they require, and lionaires, oil companies, Wall Street cretionary spending here in the United they’re going to have to fend for the hedge fund managers, and the people States. The other section of the blue rest. who have already had more than their slice of the pie there is what we call So we’re asking middle class America share of the American blessing. non-defense discretionary spending. to pay more, everything but 32 cents on So as we proceed in this debate this That’s about 14 percent of the overall the dollar for their health care as sen- week on the budget and throughout budget. A lot of the negotiations about iors qualifying for Medicare, and then these next few months in the Congress, reducing the budget at this time have we’re going to take and destroy this I want to make it very clear that our centered around that particular slice of economy and snuff out the dreams and values are at stake, not just our dol- the pie. the opportunities for America’s middle lars, but our values, and whether you The other aspects of government that class. We were told in November, call it the Road to Ruin, or as I look to we fund, Social Security, this maroon America start growing the economy, call it, the Pay Back for the Pros- slice right here, is about 20 percent of stop draining and reducing the middle perous, the Republican budget does not the budget. Medicare is about 13 per- class. You are reducing, you’re snuffing reflect our values. It does not lead to a cent, Medicaid about 8 percent, and out that middle class. And that was the brighter future for the vast majority of then another mandatory spending cat- message. Americans, and it should be rejected. egory, these are programs that are on And also on taxes I believe America We should move forward with a budget auto pilot, whatever the demand is, we is waking up to what has happened that invests in our dearest, dearest spend, we write the check. And it has here with some of these scenarios. asset, and that is the American people. grown very rapidly since the year 2008 They understand it is not about who’s f when it was 11 percent. It is now 17 per- cutting taxes but whose taxes are you cent of the budget. This includes unem- THE BUDGET cutting? Whose taxes will you cut? ployment, welfare, supplemental secu- There’s a big difference. And when you The SPEAKER pro tempore (Mr. rity income for the disabled, jobs pro- do this mindless handout to profit-rich STUTZMAN). Under the Speaker’s an- grams, as well as some of the TARP oil companies, historically profit rich, nounced policy of January 5, 2011, the money, the bailout money for banks sitting on about a trillion dollars gentleman from Nebraska (Mr. and Wall Street. That’s the lion’s share worth of profit, and mindlessly for FORTENBERRY) is recognized for 27 min- of the budget here, 57 percent. It is nearly a century we have handed out utes. called mandatory spending, discre- these benefits to oil companies. It’s Mr. FORTENBERRY. Mr. Speaker, tionary, 36 percent spending, that’s de- wrong. We can do better. This plan is any American that may be watching fense and non-defense discretionary, the Road to Ruin. tonight is probably bewildered by all of and then we add interest on the debt, Mr. YARMUTH. I thank the gen- the discussion of budgets and con- that yellow section right there, and tleman. We have a couple minutes left. tinuing resolutions and perhaps debt that’s about 7 percent. So that’s basi- I would just like to yield to my friend, ceilings, as well as the appropriations cally what the government spends Mr. GARAMENDI, for some closing com- process. In order to understand where right here. And that totaled about $3.8 ments about making it in America. we are currently, it is important to trillion in last year’s projected budget Mr. GARAMENDI. If America is look back at where we were. And what for this year. going to make it, we have to make it in I would like to do tonight is share a lit- Now, where did the revenues for the America. Once again, manufacturing tle bit of information about what the government come from? matters. The problem with the Repub- government spends, where the revenue lican budget is it hollows out, con- comes from, and then how we got into b 2110 tinues the hollowing out of American this current situation we are in. Right It is important to remember this industry by denying the research, re- now, we have a $1.6 trillion deficit. We number, $2.567 trillion; $3.8 trillion ex- ducing research and reducing job train- have $14 trillion of debt. That means penditures; $2.567 trillion in revenues. ing and continuing the kind of tax poli- every man, woman, and child in Amer- In this blue area over here, this is the cies that actually give corporations tax ica, if we were to pay it off right now, largest area where we obtain income breaks when they send jobs offshore. owes $45,000. And the trajectory of for the government, and that is the in- We want to reverse that. We’re putting spending is simply unsustainable. We dividual income tax. That is about 44 together the Make it in America agen- are borrowing about 40 cents on every percent of overall revenues to the gov- da, a real jobs agenda for the middle dollar that we spend. America cannot ernment. About half of Americans are class. continue to do this. We all know that. paying income tax. This orange area is Mr. YARMUTH, thank you so very, We all know we are going to have to what we call payroll taxes. That is very much for bringing this to our at- act with bold resolve to get the fiscal about 36 percent. Anybody who is tention and carrying this discussion to- house in order. working is going to pay a payroll tax. night. But let’s look at this chart, Mr. Corporate income tax, this yellowish Mr. YARMUTH. I thank the gen- Speaker, for a moment. It shows the area here, is about 12 percent. And then tleman and thanks for his participa- President’s 2011 budget proposal. There the rest of the budget receipts come tion. I just want to say in closing that was no budget in 2011, and this is part from estate and excise taxes, as well as budget battles are more about dollars, of the confusion. There was no fin- customs and other receipts. and I think all of us on both sides of ishing of the appropriations process. But the important number to remem- the aisle believe that and live by that, Right now we are trying to finish the ber is $2.567 trillion as opposed to $3.8 or want to live by that. Budgets are appropriations process, cleaning up the trillion in spending. This shows you about values. Budgets are about what mess from last year by passing what is the imbalance. Again, remember, this we care for in America. And one of the called a CR, continuing resolution, was last year’s projections. We were things that I think we have always that will fund the government for the projecting $1.267 trillion based upon stood for in America is the idea that rest of the year. But a lot of the num- this spending level and this amount of anyone has the opportunity to reach bers are based off a somewhat mythical receipts. But in reality we have just his or her full potential, and to be budget, and it’s just easier to talk found out that the new deficit estimate wealthy, but certainly to be happy and about, I think, the President’s 2011 is actually about $1.6 trillion. It is sky- to be healthy. budget to get a snapshot currently of rocketing. It is simply unsustainable. What the Republican budget does is where we are in terms of the fiscal sit- Now, let’s look at the next chart, destroy much of that hope, destroy uation. which is the budget proposed for this much of that dream, slashing edu- Here is what the government spends year by the President; and it has cation, slashing research and develop- and the categories in which it spends. spending a little less, down from about

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.055 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2600 CONGRESSIONAL RECORD — HOUSE April 12, 2011 3.8 to 3.7, revenues up slightly from A business can’t do it. A family can’t extent it is available, the report details about 2.5 to 2.6, and this is due to some do it. A government should not be able the prevailing human rights conditions spending reductions as well as tax in- to do it, because the consequences are over the past year. creases, which gives you a different really threefold; and they are no longer First, let me start with some good balance here. You have a deficit projec- hidden. They are out in the open. news. Of the countries surveyed, Co- tion of $1.1 trillion based upon these This amount of debt and deficits cre- lombia, Guinea, and Indonesia stand numbers. ates basically three problems: one, it out for notable human rights improve- Remember, Mr. Speaker, I said this is pushes off the obligation for the way in ments, the first democratically elected somewhat bewildering given that we which we are currently living and President since independence in 1958, don’t have a 2011 budget or finished ap- spending onto children and grand- and consistent improvements across a propriations bill for this year, and we children in terms of future taxes on range of indicators, respectively, in are now beginning to consider a 2012 them. It is unjust. those countries. budget in the midst of potentially, as The second problem is that it creates Countries where human rights condi- well, bumping up against a debt ceiling the potential for inflation. There is al- tions very sadly prompt serious con- vote shortly. ready an argument going on that the cerns over the past year include Cote Again, it is important to understand Federal Reserve policies are mone- d’Ivoire, the Ivory Coast, where vicious how we got here with such enormous tizing our debt, basically printing fighting in recent weeks pursuant to a deficits. If we look back in time, the money; and now you are seeing com- contested election has claimed numer- last 20 years, look at spending. In 1990, modity inflation with price hikes in ous lives; in addition, the Democratic it was $1.25 trillion. In 2000, it was $1.79 gasoline and other commodities. The Republic of the Congo, where rape is trillion. This year, $3.8 trillion. The effects are very real. used as a political weapon; Iran, which size of the Federal Government has ba- The third problem is we are transfer- still supports the stoning of women; sically doubled in the last decade. If ring ownership of America to foreign Russia, which routinely and often vio- you look at deficits as well, in 1990 we countries. China officially owns about lently suppresses the freedom of the were talking about $200 billion deficits. a trillion dollars of this debt; but if you press; and China, which has a history of I was a much younger person then, but look at the numbers more closely, it forced abortion and sterilization to its I remember how shocking that figure could be as high as $2 trillion. That demographic detriment. was back then and how there were de- means a transfer of the assets of this Other countries highlighted in par- mands that something be done. In the country overseas. So this level of debt, ticular this year: Nigeria, Sudan, year 2000, because of extraordinary pro- I believe, and I think most Americans Zimbabwe, Burma, Cambodia, North ductivity gains in the late nineties, we know, is actually undermining the Korea, Vietnam, Belarus, Ukraine, had a $200 billion surplus to the Fed- ability of the economy to turn around Bahrain, Iran, Libya, Syria, Afghani- eral Government. But this year, a $1.6 and create jobs. Now it is not only cre- stan, Pakistan, Uzbekistan, Cuba, trillion deficit. It is off the charts. Our ating economic volatility and eco- and Venezuela, where rapid debt in 1990 was about $3 trillion. In the nomic problems; it creates national se- deterioration of civil rights and evi- year 2000 it was close to $6 trillion. curity problems as we transfer more dence of tightening dictatorial rule are Again, this year it will be $14 trillion, and more of this debt overseas and sell particularly tragic. and it is set to continue to skyrocket the assets of the country to others. The fundamental message that this in the coming years. So it is simply unsustainable, Mr. report conveys to the world is that re- The debt per person, per capita, Speaker, and we have to act with bold sponsible governance rests upon two $13,000; $12,900. In 2000, it was $20,000. resolve. We are staring at white water pillars. The first is a respect for human Now it has doubled to about $45,000. rapids. The choice is we can either rights, and the second is a respect and Mr. Speaker, I used to be on the Lin- build a boat, put on life jackets and try responsibility for the rule of law. No coln City Council in Lincoln, Nebraska. to navigate those rapids as best we can, society can flourish and prosper with- One of the responsibilities we had or we will be swept away by them. We out these important transcendent prin- every year with our $90 million budget are going to have to go through them; ciples as they are exercised in the form was that it had to balance. There was it is just how we do it. of religious liberty, freedom of speech, never enough money to have the ideal That is what all the debates are this the right of assembly and peaceful pro- number of police officers that we want- week, and will be in the coming weeks test, as well as fair and free commerce. ed or the exact number of firefighting as to how do we set up the right frame- apparatus that we would have preferred work of responsible budgets, b 2120 or the street or road or park mainte- responsible appropriations, so that we The human rights reports describe nance that we would have liked, but can reset our economic course, get our abuses that shock the conscience and you had to make a decision. You had to fiscal house in order, begin to give the tear at the elaborate fabric of the com- make a decision about what were ap- economy some stability, create jobs munity of nations in which we live. propriate tax rates and reasonable pub- and, in turn, revenues come into the These include the ill treatment of dis- lic services and balance those. And by Treasury. So that is the course before sidents, appalling prison conditions, law, we also had to set a little aside. us. extrajudicial killings, and, as I men- Yet Washington doesn’t have to do Mr. Speaker, I did want to talk about tioned, forced abortion and steriliza- that. It can get away with enormous another topic tonight as well, and it is tion policies that treat human beings deficit spending because we have a big very important that even in the midst like animals, violating their most inti- credit . And for a long time, it of these budget negotiations that are mate and fundamental human dignity. really didn’t matter. going on, we not overlook the fact that The reports present detailed accounts At a negotiating table up here, there the State Department recently re- of systemic corruption, security forces are really three factors: spending, ben- leased its annual report on human run amok, acting with state-sanctioned efits, and debt. And guess which one rights around the world. This report impunity, kangaroo courts that con- loses every time, Mr. Speaker? Debt. spanning 194 countries calls out those demn innocents without recourse, Just pile on the debt, because the con- governments that routinely and bra- making a mockery of the rule of law. sequences can be hidden from the zenly violate their stated commit- These dark trends are very often deep- American people. But the numbers now ments to universal human rights. ly entrenched, creating enabling envi- have gotten to be so shocking and the I think it is important that we draw ronments that fuel violence—and even reality is coming home that I believe, I back the veil on cruelty that is often genocide in some countries—toward know, most Nebraskans and most perpetuated by the world’s most power- vulnerable persons and ethnic groups. Americans want this Congress to act ful against the world’s most vulnerable The reports address the barbaric with bold resolve to tighten the belt, to and appropriately elevate the issue in scourge of human trafficking for sexual ask for some shared sacrifice to get our national dialogue, as well as our and other forms of ruthless exploi- this fiscal house in order, because this international diplomatic efforts. The tation, such as forced labor. The re- level of spending is unsustainable. report spans 194 countries; and to the ports speak truth to perpetrators of

VerDate Mar 15 2010 02:22 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.057 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2601 heinous crimes of violence against ports are, they do not tell the full EXECUTIVE COMMUNICATIONS, women and children, and they high- story. As the difficult work of societal ETC. light the feckless enforcement of laws transformation begins for newly en- Under clause 2 of rule XIV, executive to protect civilians against torture and franchised citizens in the key countries communications were taken from the other forms of cruel, inhumane, or de- of Egypt and Tunisia, for instance, Speaker’s table and referred as follows: grading treatment or punishment. many people throughout the world, in 1218. A letter from the Acting Congres- Taken together with related reports on places like China and North Korea and sional Review Coordinator, Department of human trafficking and freedom of reli- Iran, continue to suffer silently with Agriculture, transmitting the Department’s gion, these particular reports on no one to tell their story, with no one final rule — Importation of Horses From human rights provide keen insights to document their plight, far from the Contagious Equine Metritis-Affected Coun- into the state of our world in which we gaze of cameras that convey real-time tries [Docket No.: APHIS-2008-0112] (RIN: live today. images for all the world to see. 0579-AD31) received March 29, 2011, pursuant Mr. Speaker, even as we consider But these reports hold an important to 5 U.S.C. 801(a)(1)(A); to the Committee on these sobering matters, let us also rec- message for us as well. In this inter- Agriculture. 1219. A letter from the Secretary, Depart- ognize with due humility that the dependent world of shared technology, struggle here in the United States for ment of Defense, transmitting a letter on the shared communication, travel, and approved retirement of Lieutenant General the right to life, the most basic of commerce, we have failed to recognize Benjamin R. Mixon, , human rights, particularly for unborn a shared vision of justice. The United and his advancement to the grade of lieuten- persons as well as the terminally ill States is constantly called upon by the ant general on the retired list; to the Com- and elderly and those suffering from nations of the world to stand up mittee on Armed Services. cognitive disabilities that render their against the forces of brutality. We are 1220. A letter from the Legan Information deplorable marginalization as ‘‘vegeta- constantly called upon to engage in all Assistant, Department of the Treasury, transmitting the Department’s final rule — bles’’ even in our most esteemed med- matters of complexity that are causing ical, political, and social circles, is a Prohibited Service at Savings and Loan human misery, which are really due to Holding Companies; Reinstitution of Expira- very deep problem that we must wres- three factors: the generosity of the tion Date of Temporary Exemption [Docket tle with here in our own country. Yet American taxpayer; the philosophical No.: OTS-2010-0036] (RIN: 1550-AC14) received we have one basic advantage. This Na- ideals that govern us and which do not March 25, 2011, pursuant to 5 U.S.C. tion has learned through bitter experi- allow us to sit by idly when we see 801(a)(1)(A); to the Committee on Financial ence that self-determination and rea- human misery and suffering; and the Services. soned discourse are far more powerful fact that we are an exceptional and 1221. A letter from the Secretary, Depart- ment of Health and Human Services, trans- engines of growth and prosperity than unique superpower. Though other na- subjugation by the nature of a police mitting the first progress report of the im- tions are growing in economic plementation of Section 3507 of the Patient state. Sadly, too many countries in the strength, given our philosophical ideals Protection and Affordable Care Act of 2010; international community lag signifi- and our historic role as that excep- to the Committee on Education and the cantly in the development of this fun- tional superpower, it is a bit ironic Workforce. damental ideal, that of the notion of a that the world still turns to us, even 1222. A letter from the Office of Exemption people having a basic say, having a though many other economies are Determinations, Department of Labor, trans- voice, in shaping the governments growing very, very rapidly, when peo- mitting the Department’s final rule — Amendment to Prohibited Transaction Ex- under which they live and the ability ple cry out for justice. to shape their own futures according to emption (PTE) 96-23 for Plan Asset Trans- So, Mr. Speaker, it is time to elevate actions Determined by In-House Asset Man- transcendent and universal norms of at the table of dialogue and negotia- agers [Application Number D-11221] (ZRIN: justice. tion basic norms of human dignity and 1210-ZA09) received April 4, 2011, pursuant to Over the past year, as natural disas- the governmental structures which 5 U.S.C. 801(a)(1)(A); to the Committee on ters summon us to compassion for peo- nurture and protect that dignity. Let Education and the Workforce. ple in Japan, New Zealand, Chile, those norms sit alongside the negotia- 1223. A letter from the Policy Advisor/ China, Colombia, Haiti, Iceland, Indo- tions over trade, commerce, and secu- Chief, Wireless Telecommunications Bureau, nesia, and Pakistan, as well as other Federal Communications Commission, trans- rity, for this is ultimately more valu- mitting the Commission’s final rule — nations ravaged by violent storms, in- able than any economic gain, which is cluding our own, we are witnessing an- Amendment of the Amateur Service Rules to transient and passing. I believe it is Facilitate Use of Spread Spectrum Commu- other upheaval, a remarkable up- time to focus on the permanent things, nications Technologies [WT Docket No.: 10- heaval, in an important world region those which last, which will be the leg- 62] received March 28, 2011, pursuant to 5 which calls for our focused attention. acy we will leave to the future of our U.S.C. 801(a)(1)(A); to the Committee on En- The Arab Spring movement has been country and to the future of the world. ergy and Commerce. driven by individuals joining their With that, I yield back the balance of 1224. A letter from the Director, Office of Congressional Affairs, Nuclear Regulatory voices, motivated by a common thirst my time. to realize their human potential and Commission, transmitting the Commission’s the desire to secure a decent operating f final rule — Control of Electroslag Weld Properties [Regulatory Guide 1.34] (Revision space within civil society. This move- LEAVE OF ABSENCE 1) March 30, 2011, pursuant to 5 U.S.C. ment is emblematic of lessons learned By unanimous consent, leave of ab- 801(a)(1)(A); to the Committee on Energy and throughout the centuries. History has Commerce. shown us that rule by suppression in sence was granted to: 1225. A letter from the Chairman, Pension its various forms and degrees is very Mr. CULBERSON (at the request of Mr. Benefit Guaranty Corporation, transmitting difficult to sustain over the long term, CANTOR) for today on account of family the Corporation’s Semiannual Report from particularly now with the opportunity medical reasons. the Office of the Inspector General and the we have for the sharing of ideals and Mr. REICHERT (at the request of Mr. Director’s Semiannual Report on Manage- ment Decisions and Final Actions on Office principles. State-sanctioned force and CANTOR) for today and April 13 on ac- count of family reasons. of Inspector General Audit Recommenda- coercion against the innocent, in var- tions, pursuant to 5 U.S.C. app. (Insp. Gen. ious manifestations, has tended to f Act), section 8G(h)(2); to the Committee on backfire against their enforcers and Oversight and Government Reform. enablers sooner or later. ADJOURNMENT 1226. A letter from the Acting Director, Of- The human rights reports challenge Mr. FORTENBERRY. Mr. Speaker, I fice of Economic Impact and Diversity, De- today’s leaders to shake off the archaic move that the House do now adjourn. partment of Energy, transmitting the Com- and destructive patterns of abuse that The motion was agreed to; accord- mission’s annual report for Fiscal Year 2010 foster so much needless human misery, ingly (at 9 o’clock and 27 minutes prepared in accordance with Section 203 of the Notification and Federal Employee Anti- sapping the productivity and vitality p.m.), under its previous order, the discrimination and Retaliation Act of 2002 of countless millions, perhaps hundreds House adjourned until tomorrow, (No FEAR Act), Public Law 107-174; to the of millions, Mr. Speaker, in our world Wednesday, April 13, 2011, at 10 a.m. for Committee on Oversight and Government today. However, as useful as these re- morning-hour debate. Reform.

VerDate Mar 15 2010 03:01 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K12AP7.059 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE H2602 CONGRESSIONAL RECORD — HOUSE April 12, 2011 1227. A letter from the Director, Office of Department’s 2011 annual report on rec- Service, transmitting the Service’s final rule EEO and Diversity, Patent and Trademark ommendations made by the Intelligent — Taxation of fringe benefits (Rev. Rul. 2011- Office, transmitting the Office’s annual re- Transportation Systems Program Advisory 8) received March 28, 2011, pursuant to 5 port for fiscal year 2010, in accordance with Committee; to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Section 203 of the Notification and Federal tation and Infrastructure. Ways and Means. Employee Antidiscrimination and Retalia- 1237. A letter from the Senior Program An- 1247. A letter from the Program Manager, tion Act of 2002 (No FEAR Act), Public Law alyst, Department of Transportation, trans- Department of Health and Human Services, 107-174; to the Committee on Oversight and mitting the Department’s final rule — transmitting the Department’s ‘‘Major’’ Government Reform. Amendment of Prohibited Area P-56; District final rule — Medicare Program; Changes to 1228. A letter from the Acting Director, Of- of Columbia [Docket No.: FAA-2010-0077; Air- the Medicare Advantage and the Medicare fice of Sustainable Fisheries, NMFS, Na- space Docket No. 10-AWA-4] (RIN: 2120-AA66) Prescription Drug Benefit Programs for Con- tional Oceanic and Atmospheric Administra- received April 4, 2011, pursuant to 5 U.S.C. tract Year 2010 and Other Changes [CMS- tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Transpor- 4144-F] (RIN: 0938-AQ00) received April 6, rule — Fisheries of the Exclusive Economic tation and Infrastructure. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); jointly Zone Off ; Pollock in Statistical Area 1238. A letter from the Senior Program An- to the Committees on Energy and Commerce 630 in the Gulf of Alaska [Docket No.: alyst, Department of Transportation, trans- and Ways and Means. 101126522-0460-02] (RIN: 0648-XA294) received mitting the Department’s final rule — IFR f April 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); Altitudes; Miscellaneous Amendments to the Committee on Natural Resources. [Docket No.: 30769; Amt. No. 492] received REPORTS OF COMMITTEES ON 1229. A letter from the Deputy Assistant April 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); PUBLIC BILLS AND RESOLUTIONS Administrator for Regulatory Programs, to the Committee on Transportation and In- NMFS, National Oceanic and Atmospheric frastructure. Under clause 2 of rule XIII, reports of Administration, transmitting the Adminis- 1239. A letter from the Senior Program An- committees were delivered to the Clerk tration’s final rule — Pacific Halibut Fish- alyst, Department of Transportation, trans- for printing and reference to the proper eries; Catch Sharing Plan [Docket No.: mitting the Department’s final rule — Air- calendar, as follows: 1101040009-1186-02] (RIN: 0648-BA25) received worthiness Directives; Eurocopter France Mr. MICA: Committee on Transportation April 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); (Eurocopter) Model EC130 B4 Helicopters and Infrastructure. S. 307. An act to des- to the Committee on Natural Resources. [Docket No.: FAA-2011-0212; Directorate ignate the Federal building and United 1230. A letter from the Deputy Assistant Identifier 2010-SW-055-AD; Amendment 39- States courthouse located at 217 West King Administrator for Regulatory Programs, 16632; AD 2011-06-07] (RIN: 2120-AA64) received Street, Martinsburg, West Virginia, as the NMFS, National Oceanic and Atmospheric April 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); ‘‘W. Craig Broadwater Federal Building and Administration, transmitting the Adminis- to the Committee on Transportation and In- United States Courthouse’’ (Rept. 112–59). tration’s final rule — Fisheries of the North- frastructure. Referred to the House Calendar. eastern United States; Atlantic Mackerel, 1240. A letter from the Senior Program An- Mr. DREIER: Committee on Rules. House alyst, Department of Transportation, trans- Squid, and Butterfish (MSB) Fishery; Revi- Resolution 218. Resolution providing for con- mitting the Department’s final rule — Air- sion of 2011 Butterfish Specifications [Dock- sideration of the bill (H.R. 1473) making ap- worthiness Directives; Rolls-Royce plc et No.: 110218149-1182-01] (RIN: 0648-BA86) re- propriations for the Department of Defense RB211-Trent 768, 772, and 772B Turbofan En- ceived April 4, 2011, pursuant to 5 U.S.C. and the other departments and agencies of gines [Docket No.: FAA-2010-0960; Direc- 801(a)(1)(A); to the Committee on Natural the Government for the fiscal year ending torate Identifier 98-ANE-90-AD; Amendment Resources. September 30, 2011, and for other purposes; 1231. A letter from the Deputy Assistant 39-16620; AD 98-09-27R1] (RIN: 2120-AA64) re- providing for consideration of the concurrent Administrator for Operations, NMFS, Na- ceived April 4, 2011, pursuant to 5 U.S.C. resolution (H. Con. Res. 35) directing the tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Transpor- Clerk of the House of Representatives to tion, transmitting the Administration’s final tation and Infrastructure. rule — Hawaii Bottomfish and Seamount 1241. A letter from the Director, Regula- make a correction in the enrollment of H.R. Groundfish Fisheries; Modification of Fish- tion Policy and Management, Office of the 1473; and providing for consideration of the ery Closures [Docket No.: 101210611-1185-02] General Counsel, Department of Veterans Af- concurrent resolution (H. Con. Res. 36) di- (RIN: 0648-BA58) received April 4, 2011, pursu- fairs, transmitting the Department’s final recting the Clerk of the House of Representa- ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule — Board of Veterans’ Appeals: Remand tives to make a correction in the enrollment on Natural Resources. or Referral for Further Action; Notification of H.R. 1473 (Rept. 112–60). 1232. A letter from the Assistant Attorney of Evidence Secured by the Board and Oppor- Ms. FOXX: Committee on Rules. House General, Department of Justice, transmit- tunity for Response (RIN: 2900-AN34) re- Resolution 219. Resolution providing for con- ting the Department’s report on the Paul ceived March 29, 2011, pursuant to 5 U.S.C. sideration of the bill (H.R. 1217) to repeal the Coverdell National Forensic Science Im- 801(a)(1)(A); to the Committee on Veterans’ Prevention and Public Health Fund (Rept. provement Grants Program, managed by the Affairs. 112–61). Referred to the House Calendar. Office of Justice Programs’ National Insti- 1242. A letter from the Secretary, Depart- f tute of Justice, pursuant to Public Law 90- ment of Health and Human Services, trans- 351, section 2806(b); to the Committee on the mitting a report on quality improvements PUBLIC BILLS AND RESOLUTIONS Judiciary. and saving in a Medicare Gainsharing Dem- Under clause 2 of rule XII, public 1233. A letter from the Chief Counsel, De- onstration program; to the Committee on bills and resolutions of the following partment of Transportation, transmitting Ways and Means. titles were introduced and severally re- 1243. A letter from the Chief, Publications the Department’s final rule — Seaway Regu- ferred, as follows: lations and Rules: Periodic Update, Various and Regulations, Internal Revenue Service, Categories [Docket No.: SLSDC-2011-0002] transmitting the Service’s final rule — Cred- By Mr. DUNCAN of Tennessee (for him- (RIN: 2135-AA29) received March 29, 2011, pur- it for Carbon Dioxide Sequestration; Modi- self, Mrs. BLACKBURN, Mr. ROSS of suant to 5 U.S.C. 801(a)(1)(A); to the Com- fication of Notice 2009-83 [Notice 2011-35] re- Florida, Mr. WESTMORELAND, Mr. mittee on Transportation and Infrastruc- ceived April 4, 2011, pursuant to 5 U.S.C. SESSIONS, Mr. MANZULLO, Mr. YOUNG ture. 801(a)(1)(A); to the Committee on Ways and of Alaska, Mr. BARTLETT, Mr. MCKIN- 1234. A letter from the Senior Program An- Means. LEY, Mr. LATOURETTE, Mr. GRAVES of alyst, Department of Transportation, trans- 1244. A letter from the Chief, Publications Missouri, and Mrs. HARTZLER): mitting the Department’s final rule — and Regulations, Internal Revenue Service, H.R. 1474. A bill to require that the Federal Feathering Propeller Systems for Light- transmitting the Service’s final rule — De- Government procure from the private sector Sport Aircraft Powered Gliders [Docket No.: termination of Issue Price in the Case of Cer- the goods and services necessary for the op- FAA-2010-0812; Amdt. No. 1-66] (RIN: 2120- tain Debt Instruments Issued for Property erations and management of certain Govern- AJ81) received March 29, 2011, pursuant to 5 (Rev. Rul. 2011-10) received April 4, 2011, pur- ment agencies, and for other purposes; to the U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Oversight and Government Transportation and Infrastructure. mittee on Ways and Means. Reform. 1235. A letter from the Senior Program An- 1245. A letter from the Chief, Publications By Mr. PETERS (for himself, Mr. STIV- alyst, Department of Transportation, trans- and Regulations Branch, Internal Revenue ERS, Mr. JACKSON of Illinois, Ms. ZOE mitting the Department’s final rule — Service, transmitting the Service’s final rule LOFGREN of California, Mr. CONYERS, Standard Instrument Approach Procedures, — Guidance for Phase II of the Qualifying Mr. MCGOVERN, Mr. GRIJALVA, Mr. and Takeoff Minimums and Obstacle Depar- Advanced Coal Program under Section 48A HASTINGS of Florida, Mr. LEVIN, Mr. ture Procedures; Miscellaneous Amendments and the Qualifying Gasification Program MCDERMOTT, Mr. POLIS, Mrs. MILLER [Docket No.: 30770; Amdt. No. 3414] received under Section 48A [Notice 2011-24] received of Michigan, Mr. MCCOTTER, Mr. March 29, 2011, pursuant to 5 U.S.C. March 28, 2011, pursuant to 5 U.S.C. CARDOZA, Mr. ANDREWS, Mr. CLARKE 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Ways and of Michigan, Mr. MATHESON, Mr. tation and Infrastructure. Means. TIBERI, Mr. HANNA, and Mr. DINGELL): 1236. A letter from the Secretary, Depart- 1246. A letter from the Chief, Publications H.R. 1475. A bill to reform and modernize ment of Transportation, transmitting the and Regulations Unit, Internal Revenue domestic refugee resettlement programs, and

VerDate Mar 15 2010 03:01 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\L12AP7.000 H12APPT1 smartinez on DSKB9S0YB1PROD with HOUSE April 12, 2011 CONGRESSIONAL RECORD — HOUSE H2603 for other purposes; to the Committee on the H.R. 1483. A bill to amend the Federal H.R. 1490. A bill to amend the Radiation Judiciary. Food, Drug, and Cosmetic Act to improve Exposure Compensation Act to improve com- By Ms. SPEIER (for herself and Mr. the safety of drugs, and for other purposes; pensation for workers involved in uranium WEINER): to the Committee on Energy and Commerce. mining, and for other purposes; to the Com- H.R. 1476. A bill to amend title XVIII of the By Mr. FILNER: mittee on the Judiciary, and in addition to Social Security Act to exclude certain ad- H.R. 1484. A bill to amend title 38, United the Committees on Education and the Work- vanced diagnostic imaging services from the States Code, to improve the appeals process force, and Energy and Commerce, for a pe- in-office ancillary services exception to the of the Department of Veterans Affairs and to riod to be subsequently determined by the prohibition on physician self-referral; to the establish a commission to study judicial re- Speaker, in each case for consideration of Committee on Energy and Commerce, and in view of the determination of veterans’ bene- such provisions as fall within the jurisdic- addition to the Committee on Ways and fits; to the Committee on Veterans’ Affairs. tion of the committee concerned. Means, for a period to be subsequently deter- By Mr. HERGER (for himself, Mr. By Mr. MATHESON: mined by the Speaker, in each case for con- MCCLINTOCK, Mrs. MCMORRIS ROD- H.R. 1491. A bill to protect public health sideration of such provisions as fall within GERS, Mr. BISHOP of Utah, Mr. and safety should the testing of nuclear the jurisdiction of the committee concerned. CHAFFETZ, Mr. NUNES, Mr. HUNTER, weapons by the United States be resumed; to By Mr. CUMMINGS (for himself, Mr. Mr. GALLEGLY, Mr. COFFMAN of Colo- the Committee on Armed Services, and in CLARKE of Michigan, Mr. MILLER of rado, and Mr. DENHAM): addition to the Committees on Energy and North Carolina, Mr. GEORGE MILLER H.R. 1485. A bill to address the public Commerce, and Natural Resources, for a pe- of California, Mr. CLAY, Ms. BERKLEY, health and safety threat presented by the riod to be subsequently determined by the Ms. ESHOO, Ms. WOOLSEY, Mr. WELCH, risk of catastrophic on Federal Speaker, in each case for consideration of Ms. SPEIER, Mr. GARAMENDI, Ms. forestlands by requiring the Secretary of Ag- such provisions as fall within the jurisdic- BROWN of Florida, Ms. NORTON, Mr. riculture and the Secretary of the Interior to tion of the committee concerned. TIERNEY, Mr. GRIJALVA, Mr. HINCHEY, expedite forest management projects relat- By Mr. MORAN (for himself, Mr. WOLF, Ms. EDWARDS, Mr. HOLT, Mr. ing to hazardous fuels reduction, forest res- and Mr. CONNOLLY of Virginia): CICILLINE, Ms. MOORE, Ms. SUTTON, toration, forest health, and watershed res- H.R. 1492. A bill to provide for mandatory Ms. SCHAKOWSKY, Mr. HASTINGS of toration; to the Committee on Agriculture, training for Federal Government supervisors Florida, and Mr. AL GREEN of Texas): and in addition to the Committee on Natural and the assessment of management com- H.R. 1477. A bill to require certain mortga- Resources, for a period to be subsequently petencies; to the Committee on Oversight gees to evaluate loans for modifications, to determined by the Speaker, in each case for and Government Reform. establish a grant program for State and local consideration of such provisions as fall with- By Ms. NORTON: government mediation programs, and for in the jurisdiction of the committee con- H.R. 1493. A bill to amend the Fair Labor other purposes; to the Committee on Finan- cerned. Standards Act of 1938 to prohibit discrimina- cial Services. By Mr. ISRAEL: tion in the payment of wages on account of By Mr. REICHERT (for himself and Mr. H.R. 1486. A bill to direct the Commis- sex, race, or national origin, and for other KIND): sioner of Food and Drugs to revise the Fed- purposes; to the Committee on Education H.R. 1478. A bill to amend the Internal Rev- eral regulations applicable to the declara- and the Workforce. enue Code of 1986 to provide for S corpora- tion of the trans fat content of a food on the By Mr. OWENS: tion reform, and for other purposes; to the label and in the labeling of the food when H.R. 1494. A bill making appropriations to Committee on Ways and Means. such content is less than 0.5 gram; to the provide pay and allowances to members of By Mr. LATHAM (for himself, Mrs. Committee on Energy and Commerce. the Armed Forces, including reserve compo- MCCARTHY of New York, Mr. NUNES, By Mr. ISRAEL: nents thereof, and death gratuities on behalf Mr. HELLER, Mr. ROSKAM, Mr. GER- H.R. 1487. A bill to amend the Federal of deceased members and other eligible per- LACH, Ms. BERKLEY, Mr. KLINE, Mr. Food, Drug, and Cosmetic Act to ban the use sons notwithstanding a Government shut- SENSENBRENNER, Mr. BACHUS, Mr. of the arsenic compound known as roxarsone down; to the Committee on Appropriations. as a food additive; to the Committee on En- BURTON of Indiana, Mr. VAN HOLLEN, By Mr. PAUL: ergy and Commerce. Mr. COURTNEY, Mr. HONDA, Mr. H.R. 1495. A bill to provide for an audit of By Mr. ISRAEL (for himself, Mr. ACK- LYNCH, Mr. KILDEE, Mr. ISRAEL, Mr. all gold owned by the United States; to the ERMAN, Mr. ANDREWS, Ms. BALDWIN, HINCHEY, Ms. LINDA T. SA´ NCHEZ of Committee on Financial Services. Ms. BERKLEY, Mrs. CAPPS, Mr. California, Mr. HOLT, Mr. CAPUANO, By Mr. PAUL: CAPUANO, Ms. CHU, Ms. CLARKE of Mr. MCGOVERN, Mr. GENE GREEN of H.R. 1496. A bill to amend title 31, United New York, Mr. CLAY, Mr. CONNOLLY Texas, Mr. GRIJALVA, Mr. FRANK of States Code, to reform the manner in which of Virginia, Mr. CROWLEY, Mr. Massachusetts, Mr. JACKSON of Illi- the Board of Governors of the Federal Re- ELLISON, Mr. FILNER, Mr. FRANK of nois, Ms. BALDWIN, Ms. SCHWARTZ, serve System is audited by the Comptroller Massachusetts, Mr. GRIJALVA, Mr. Ms. NORTON, Mrs. BACHMANN, Mr. General of the United States and the manner GUTIERREZ, Mr. HASTINGS of Florida, PAUL, Mr. LOEBSACK, Mr. HEINRICH, in which such audits are reported, and for Mr. HINCHEY, Mr. HOLT, Mr. HONDA, Mr. YARMUTH, Mr. OLSON, and Mr. other purposes; to the Committee on Over- Mr. JACKSON of Illinois, Ms. LEE of PLATTS): sight and Government Reform. H.R. 1479. A bill to amend the Internal Rev- California, Mr. LEWIS of Georgia, Ms. By Mr. ROGERS of Michigan (for him- enue Code of 1986 to allow a credit against ZOE LOFGREN of California, Mr. self and Mr. LOBIONDO): income tax for the purchase of hearing aids; LUJA´ N, Mrs. MALONEY, Mr. MORAN, H.R. 1497. A bill to direct the Secretary of to the Committee on Ways and Means. Mr. NADLER, Ms. NORTON, Mr. PE- Defense to take whatever steps may be nec- By Mr. GUINTA: TERS, Ms. PINGREE of Maine, Mr. essary to exhume and transfer the remains of H.R. 1480. A bill to delay enforcement and POLIS, Mr. QUIGLEY, Ms. RICHARDSON, certain deceased members of the Armed establishment of certain water quality Mr. ROTHMAN of New Jersey, Mr. Forces buried in Tripoli, Libya, and for other standards within the Great Bay Estuary, and SERRANO, Mr. SHERMAN, Ms. SUTTON, purposes; to the Committee on Veterans’ Af- for other purposes; to the Committee on Mr. STARK, Mr. TOWNS, Ms. TSONGAS, fairs, and in addition to the Committee on Transportation and Infrastructure. Mr. WAXMAN, Ms. WOOLSEY, Mr. Armed Services, for a period to be subse- By Mr. POLIS (for himself and Mr. ENGEL, and Ms. WASSERMAN quently determined by the Speaker, in each COFFMAN of Colorado): SCHULTZ): case for consideration of such provisions as H.R. 1481. A bill to amend the Internal Rev- H.R. 1488. A bill to amend the Equal Credit fall within the jurisdiction of the committee enue Code of 1986 to encourage the purchase Opportunity Act to prohibit discrimination concerned. of residential property by providing an ex- on account of sexual orientation or gender By Mr. ROONEY (for himself and Mr. clusion from tax on certain gains; to the identity when extending credit; to the Com- ANDREWS): Committee on Ways and Means. mittee on Financial Services. H.R. 1498. A bill to require the lender or By Mrs. DAVIS of California (for her- By Ms. KAPTUR (for herself, Mr. servicer of a home mortgage, upon a request self, Ms. NORTON, Mr. HINOJOSA, Mr. MORAN, and Mr. JONES): by the homeowner for a short sale, to make GRIJALVA, and Mr. FILNER): H.R. 1489. A bill to repeal certain provi- a prompt decision whether to allow the sale; H.R. 1482. A bill to amend the Elementary sions of the Gramm-Leach-Bliley Act and re- to the Committee on Financial Services. and Secondary Education Act of 1965 to au- vive the separation between commercial By Mr. SHIMKUS (for himself and Mr. thorize the Secretary of Education to make banking and the securities business, in the CARNAHAN): grants for recruiting, training, and retaining manner provided in the Banking Act of 1933, H.R. 1499. A bill to create clean energy jobs individuals, with a preference for individuals the so-called ‘‘Glass-Steagall Act’’, and for and set efficiency standards for small-duct from underrepresented groups, as teachers at other purposes; to the Committee on Finan- high-velocity air conditioning and heat public elementary and secondary schools, cial Services. pump systems, and for other purposes; to the and for other purposes; to the Committee on By Mr. LUJA´ N (for himself, Mrs. Committee on Energy and Commerce. Education and the Workforce. NAPOLITANO, Mr. GRIJALVA, Ms. By Mr. TIERNEY (for himself, Mr. By Mr. DINGELL (for himself, Mr. BORDALLO, Mr. MATHESON, Mr. POLIS, NEAL, Mr. OLVER, Mr. MCGOVERN, Mr. WAXMAN, Mr. PALLONE, and Ms. Mr. KUCINICH, Mr. MARKEY, and Mr. CAPUANO, Mr. LYNCH, Mr. KEATING, DEGETTE): HEINRICH): and Ms. TSONGAS):

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A bill to direct the Secretary of CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- the Interior to conduct a boundary study of STATEMENT lation pursuant to the following: the lands and waters in the greater Salem Commerce Clause: Article I, Section 8, Sound and the city of Salem to determine Pursuant to clause 7 of rule XII of Clause 3 of the Constitution the suitability and feasibility for inclusion the Rules of the House of Representa- To regulate Commerce with foreign na- within the boundary of the Salem Maritime tives, the following statements are sub- tions and among the several states and with National Historic Site, and for other pur- mitted regarding the specific powers the Indian Tribes. poses; to the Committee on Natural Re- granted to Congress in the Constitu- By Mr. POLIS: sources. tion to enact the accompanying bill or H.R. 1481. By Mr. WALSH of Illinois (for himself, joint resolution. Congress has the power to enact this legis- Mr. GRIMM, Mr. ROSS of Florida, Mr. lation pursuant to the following: ROGERS of Alabama, Mr. MCCLINTOCK, By Mr. DUNCAN of Tennessee: Clause 3 of Section 8 of Article 1 of the H.R. 1474. Mr. WESTMORELAND, Mr. BURTON of Constitution. Congress has the power to enact this legis- Indiana, Mrs. MYRICK, Mr. LAMBORN, By Mrs. DAVIS of California: lation pursuant to the following: Mr. MCKINLEY, Mr. CHAFFETZ, Mr. H.R. 1482. Article 1, Section 8—this bill regulates GRAVES of Missouri, Mr. SESSIONS, Congress has the power to enact this legis- Commerce among the several states. lation pursuant to the following: Mrs. ELLMERS, Ms. FOXX, Mr. Amendment V—the bill assures that citi- GOHMERT, Mrs. BLACKBURN, Mr. Article I, Section 8, Clause 1 zens’ liberty and property (their businesses By Mr. DINGELL: WEST, Mr. CANSECO, Mr. GIBSON, Mr. and livelihood) are not deprived, that the POSEY, Mr. POE of Texas, Mr. GAR- H.R. 1483. government does not take property (market Congress has the power to enact this legis- RETT, Mr. LONG, and Mr. KLINE): share, potential for profit and livelihood) H.R. 1501. A bill to withhold United States lation pursuant to the following: without just compensation. This bill is enacted pursuant to the power contributions to the United Nations until Amendment X—Nothing in the Constitu- the United Nations formally retracts the granted to Congress under Article I, Section tion authorizes the Federal government to 8, Clause 3 of the United States Constitution. final report of the ‘‘United Nations Fact do anything other than those things enumer- Finding Mission on the Gaza Conflict’’; to By Mr. FILNER: ated (coin money, enter into treaties, con- H.R. 1484. the Committee on Foreign Affairs. duct a Census—which are inherently govern- Congress has the power to enact this legis- By Mr. WOLF (for himself, Mr. KING of mental). Thus, under Amendment X, the lation pursuant to the following: New York, and Mrs. MYRICK): right to carry out commercial activities is This bill is enacted pursuant to the power H.R. 1502. A bill to establish the Counter- reserved to the people. Note that the Con- granted to Congress under Article I, Section terrorism Competitive Analysis Council; to stitution authorizes the Post Office. The bill 8, Clause 18 of the United States Constitu- the Committee on Intelligence (Permanent exempts the Postal Service. tion. Select). By Mr. PETERS: By Mr. HERGER: By Mr. YARMUTH: H.R. 1475. H.R. 1485. H.R. 1503. A bill to suspend temporarily the Congress has the power to enact this legis- Congress has the power to enact this legis- duty on certain hydrogenated polymers of lation pursuant to the following: lation pursuant to the following: Article 1, Section 8, Clause 1 norbornene derivatives; to the Committee on Article IV, Section 3, Clause 2. By Ms. SPEIER: Ways and Means. By Mr. ISRAEL: By Mr. GARRETT (for himself, Mr. H.R. 1476. Congress has the power to enact this legis- H.R. 1486. JORDAN, Mr. MULVANEY, and Mr. lation pursuant to the following: Congress has the power to enact this legis- MCCLINTOCK): Article 1, Section 8: Congress shall have lation pursuant to the following: H. Con. Res. 37. Concurrent resolution es- the power to regulate commerce among the Article I, Clause 8, Section 3. tablishing the budget for the United States states, and provide for the general welfare. By Mr. ISRAEL: Government for fiscal year 2012 and setting By Mr. CUMMINGS: H.R. 1487. forth appropriate budgetary levels for fiscal H.R. 1477. Congress has the power to enact this legis- year 2011 and fiscal years 2013 through 2021; Congress has the power to enact this legis- lation pursuant to the following: to the Committee on the Budget. lation pursuant to the following: Article I, Clause 8, Section 3. By Mr. ADERHOLT (for himself and Art. 1, § 8, cl. 1 of the United States Con- By Mr. ISRAEL: Mr. RAHALL): stitution, which states ‘‘The Congress shall H.R. 1488. H. Con. Res. 38. Concurrent resolution rec- have Power to lay and collect Taxes, Duties, Congress has the power to enact this legis- ognizing the 400th anniversary of the publi- Imposts and Excises, to pay the Debts and lation pursuant to the following: cation of the King James Version of the provide for the common Defence and general Article I, Clause 8, Section 3. Bible; to the Committee on Oversight and Welfare of the United States; but all Duties, By Ms. KAPTUR: Government Reform. Imposts and Excises shall be uniform H.R. 1489. By Mr. ANDREWS: throughout the United States;’’ and Congress has the power to enact this legis- lation pursuant to the following: H. Res. 220. A resolution expressing support Art. 1 § 8, cl. 3 ‘‘[The Congress shall have Article I, Section 8. for designation of the first Saturday in Octo- Power] [t]o regulate Commerce with foreign By Mr. LUJA´ N: ber as ‘‘National Animal Rescue Day’’ to cre- Nations, and among the several States, and H.R. 1490. ate awareness, educate humans of the impor- with the Indian Tribes.’’ Congress has the power to enact this legis- tance of adoption, and create a humane envi- By Mr. REICHERT: lation pursuant to the following: ronment for any pet, including the impor- H.R. 1478. Article I, Section 8. tance of spaying and neutering of animals, Congress has the power to enact this legis- By Mr. MATHESON: and the encouragement of animal adoptions lation pursuant to the following: ‘‘The constitutional authority of Congress H.R. 1491. throughout the United States; to the Com- to enact this legislation is provided by Arti- Congress has the power to enact this legis- mittee on Oversight and Government Re- cle I, section 8 of the United States Constitu- lation pursuant to the following: form. tion, specifically clause 1 (relating to pro- Article I, Section 8, Clauses 3, 12, 13, 14, 16, By Ms. FOXX (for herself, Mr. COHEN, viding for the general welfare of the United and 18. Mr. CONNOLLY of Virginia, and Mr. States) and clause 18 (relating to the power By Mr. MORAN: WHITFIELD): to make all laws necessary and proper for H.R. 1492. H. Res. 221. A resolution congratulating carrying out the powers vested in Congress), Congress has the power to enact this legis- the Government and people of the Republic and Article IV, section 3, clause 2 (relating lation pursuant to the following: of Turkey as they celebrate Republic Day, to the power of Congress to dispose of and Article 1, Section 8, Clause 14. and for other purposes; to the Committee on make all needful rules and regulations re- Article 1, Section 8, Clause 18. Foreign Affairs. specting the territory or other property be- By Ms. NORTON: By Mr. NADLER (for himself, Mr. ACK- longing to the United States).’’ H.R. 1493. ERMAN, Ms. BERKLEY, Mr. CICILLINE, By Mr. LATHAM: Congress has the power to enact this legis- Ms. DELAURO, Mr. DEUTCH, Mr. H.R. 1479. lation pursuant to the following: ENGEL, Mr. FILNER, Mr. HOLT, Mrs. Congress has the power to enact this legis- Clauses 3 and 18 of section 8 of article I of LOWEY, Mr. ROTHMAN of New Jersey, lation pursuant to the following: the Constitution. Ms. SCHAKOWSKY, Mr. VAN HOLLEN, Article I, Section 8, clause 1 (‘‘The Con- By Mr. OWENS: and Ms. WASSERMAN SCHULTZ): gress shall have Power To lay and collect H.R. 1494. H. Res. 222. A resolution recognizing the Taxes, Duties, Imposts and Excises’’), and Congress has the power to enact this legis- 50th anniversary of the founding of the Reli- the 16th Amendment to the United States lation pursuant to the following: gious Action Center of Reform Judaism; to Constitution. This bill is enacted pursuant to the power the Committee on Oversight and Govern- By Mr. GUINTA: granted to Congress under Article I, Section ment Reform. H.R. 1480. 8, of the United States Constitution.

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By Mr. PAUL: H.R. 114: Mr. FORTENBERRY. H.R. 1161: Mr. LOBIONDO, Mr. CUELLAR, and H.R. 1495. H.R. 140: Mr. HERGER. Mr. Gonzalez. Congress has the power to enact this legis- H.R. 178: Mr. BILBRAY and Mr. ROSS of H.R. 1163: Mr. GARAMENDI. lation pursuant to the following: Florida. H.R. 1167: Mr. FLEMING. This legislation is authorized by Article I, H.R. 181: Mr. GRIFFIN of Arkansas and Mr. H.R. 1169: Mr. HOLDEN. Section 8 of the Constitution: REICHERT. H.R. 1176: Mr. WITTMAN. H.R. 1182: Mr. BROUN of Georgia, Mr. JOHN- ‘‘To coin Money, regulate the Value there- H.R. 198: Mr. DOLD. SON of Ohio, and Mr. RYAN of Wisconsin. of, and of foreign Coin, and fix the Standard H.R. 240: Mr. GERLACH. H.R. 1195: Mr. BONNER. H.R. 262: Mr. DUNCAN of South Carolina. of Weights and Measures’’ H.R. 1206: Mr. STUTZMAN, Mr. LONG, and H.R. 365: Mr. BARLETTA. By Mr. PAUL: Mr. BENISHEK. H.R. 375: Mr. KISSELL. H.R. 1496. H.R. 1208: Mr. COURTNEY. H.R. 432: Ms. ESHOO. Congress has the power to enact this legis- H.R. 1219: Mr. YOUNG of Alaska. lation pursuant to the following: H.R. 452: Mr. CULBERSON, Mr. MCCAUL, Mr. H.R. 1234: Mr. BACA and Mr. MICHAUD. This legislation is authorized by Article I, GOHMERT, and Mr. OLSON. H.R. 1250: Mr. MARKEY, Mrs. CHRISTENSEN, Section 8 of the Constitution: H.R. 459: Mr. SHIMKUS and Mr. Ms. CHU, Ms. BROWN of Florida, Mr. RANGEL, ‘‘To coin Money, regulate the Value there- NEUGEBAUER. and Mr. CONYERS. H.R. 466: Mr. MCNERNEY and Mr. SCHOCK. of, and of foreign Coin, and fix the Standard H.R. 1259: Mr. RIBBLE. H.R. 487: Mr. DUNCAN of Tennessee. of Weights and Measures; H.R. 1264: Mr. AL GREEN of Texas. H.R. 509: Mr. RIBBLE. H.R. 1270: Mr. BILBRAY and Mr. MACK. To provide for the Punishment of counter- H.R. 520: Mr. BERMAN and Ms. ZOE LOFGREN H.R. 1294: Mr. AL GREEN of Texas. feiting the Securities and current Coin of the of California. H.R. 1297: Mr. CRITZ, Mr. MCCOTTER, Mr. United States.’’ H.R. 607: Mrs. LOWEY, Mr. GERLACH, and AL GREEN of Texas, Mr. QUAYLE, By Mr. ROGERS of Michigan: Mr. YOUNG of Alaska. Mr. MULVANEY, Mr. ROSKAM, Mr. TIPTON, H.R. 1497. H.R. 674: Mr. LANKFORD, Mr. UPTON, and and Mr. FRANK of Massachusetts. Congress has the power to enact this legis- Mr. BILBRAY. H.R. 1323: Mr. CONAWAY and Mr. KINGSTON. lation pursuant to the following: H.R. 708: Mr. BISHOP of New York. H.R. 1330: Mr. COURTNEY and Mr. HIMES. OHEN Article 1 H.R. 709: Mr. DAVIS of Illinois. H.R. 1334: Mr. C . H.R. 1340: Mr. HARPER. Section 8 H.R. 713: Mr. HINOJOSA. H.R. 1354: Mr. MANZULLO. Clause 13: H.R. 719: Mr. WALBERG, Mr. HEINRICH, Mr. To provide and maintain a Navy H.R. 1361: Mr. ISSA. OWENS, Mr. WALZ of Minnesota, Mr. SCOTT of H.R. 1366: Mr. CRITZ and Mr. KISSELL. By Mr. ROONEY: South Carolina, and Mr. LUJA´ N. H.R. 1380: Mr. CONNOLLY of Virginia, Mr. H.R. 1498. H.R. 724: Mr. LARSON of Connecticut. CUMMINGS, Ms. DELAURO, Mr. HIMES, Ms. Congress has the power to enact this legis- H.R. 771: Mr. HINOJOSA, Mr. FARENTHOLD, EDDIE BERNICE JOHNSON of Texas, Mr. LYNCH, lation pursuant to the following: Mr. CANSECO, Mr. CARTER, Mr. CONAWAY, Mr. Ms. MATSUI, Mr. MEEKS, Mr. RANGEL, Mr. Article 1 Section 8: ‘‘To regulate Com- CULBERSON, Mr. FLORES, Ms. JACKSON LEE of REYES, Ms. RICHARDSON, Ms. SPEIER, Mr. merce with foreign Nations, and among the Texas, Ms. EDDIE BERNICE JOHNSON of Texas, TOWNS, Ms. VELA´ ZQUEZ, Ms. WILSON of Flor- several States, and with the Indian Tribes;’’ Mr. SAM JOHNSON of Texas, Mr. HALL, Mr. ida, Mr. BONNER, Mr. GRIFFIN of Arkansas, By Mr. SHIMKUS: HENSARLING, Mr. MCCAUL, Mr. NEUGEBAUER, Mr. BISHOP of New York, Mr. WESTMORE- H.R. 1499. Mr. OLSON, Mr. RYAN of Wisconsin, and Mr. LAND, Mr. SHULER, and Mr. KELLY. Congress has the power to enact this legis- THORNBERRY. H.R. 1381: Mr. COURTNEY and Ms. SLAUGH- lation pursuant to the following: H.R. 788: Mr. HOLT, Mr. PAYNE, Mr. SIRES, TER. The constitutional authority on which this Mr. POLIS, Mr. DOYLE, and Mr. BISHOP of H.R. 1383: Mr. BISHOP of New York. bill rests is the power of Congress as stated Georgia. H.R. 1404: Mr. DAVIS of Illinois and Mr. in Article I, Section 8 Clause 3 of the United H.R. 798: Mr. MCKINLEY. MICHAUD. States Constitution. H.R. 812: Mr. PAUL. H.R. 1409: Ms. EDWARDS. By Mr. TIERNEY: H.R. 825: Mrs. NAPOLITANO. H.R. 1412: Mr. NEUGEBAUER. H.R. 1500. H.R. 831: Mr. PLATTS, Ms. RICHARDSON, and H.R. 1419: Ms. JACKSON LEE of Texas, Mr. Congress has the power to enact this legis- Mr. COHEN. MEEKS, Mr. FATTAH, Mr. SABLAN, and Mr. lation pursuant to the following: H.R. 835: Mr. BRADY of Pennsylvania, Mr. TOWNS. H.R. 1425: Mr. LIPINSKI. Article I, section 8 of the United States CALVERT, Mr. CARSON of Indiana, Ms. H.R. 1445: Mrs. LUMMIS. Constitution. DELAURO, Mr. INSLEE, Mr. LARSON of Con- H.R. 1448: Mr. DEUTCH and Mr. ELLISON. ORTON ETERS AN By Mr. WALSH of Illinois: necticut, Ms. N , Mr. P , Mr. R - H. J. Res. 5: Mr. WITTMAN. H.R. 1501. GEL, Ms. SPEIER, and Mr. KEATING. H. J. Res. 45: Mr. BACHUS, Mr. SAM JOHN- Congress has the power to enact this legis- H.R. 860: Mr. SARBANES and Mr. RYAN of SON of Texas, Mrs. BLACK, Mr. FORBES, Mr. lation pursuant to the following: Ohio. GIBBS, Mr. KLINE, Mrs. BACHMANN, and Mr. Article I, Section 8, Clause 14 of the United H.R. 874: Ms. SLAUGHTER. WITTMAN. States Constitution. H.R. 879: Mr. LOEBSACK, Mr. HASTINGS of H. Con. Res. 31: Mr. GOODLATTE. By Mr. WOLF: Florida, Mr. DUNCAN of Tennessee, and Mr. H. Con. Res. 36: Mr. NUNNELEE and Mr. H.R. 1502. BURTON of Indiana. OLSON. Congress has the power to enact this legis- H.R. 881: Mr. HERGER. H. Res. 59: Mr. GRIMM. lation pursuant to the following: H.R. 891: Mr. LOEBSACK. H. Res. 60: Ms. MCCOLLUM. The constitutional authority on which this H.R. 901: Mrs. MILLER of Michigan. H. Res. 77: Mr. HERGER, Mr. DAVIS of Ken- bill rests is the power of Congress ‘‘provide H.R. 909: Mr. AUSTRIA. tucky, Mr. POE of Texas, and Mr. CUELLAR. H. Res. 98: Mr. MCHENRY and Mr. BROUN of for the common Defence,’’ as enumerated in H.R. 912: Mr. MCCOTTER. Georgia. Article 1, Section 8 of the United States Con- H.R. 932: Ms. BUERKLE. H.R. 998: Mr. CARNAHAN and Mr. GONZALEZ. H. Res. 111: Ms. MCCOLLUM, Mrs. stitution. H.R. 1001: Mr. KISSELL, Mr. FRANK of Mas- HARTZLER, Mr. NUNNELEE, and Ms. PINGREE By Mr. YARMUTH: sachusetts, Ms. ZOE LOFGREN of California, of Maine. H.R. 1503. and Mr. FILNER. H. Res. 137: Ms. SPEIER, Mr. GUTHRIE, and Congress has the power to enact this legis- H.R. 1028: Mr. LEWIS of Georgia. Mr. NADLER. lation pursuant to the following: H.R. 1041: Mr. LOEBSACK, Mr. COLE, Mr. H. Res. 161: Mr. GRIMM. Article 1, Section 8, Clause 1 of the Con- H. Res. 163: Mr. DAVIS of Illinois. RYAN of Ohio, and Mr. PETERS. stitution of the United States. H. Res. 177: Mr. LANCE, Ms. BALDWIN, Ms. H.R. 1081: Mr. WATT and Mr. YOUNG of Alas- SCHAKOWSKY, Mr. CAPUANO, Mr. MCGOVERN, f ka. and Mrs. SCHMIDT. H.R. 1086: Mrs. MCCARTHY of New York. H. Res. 208: Mr. MURPHY of Pennsylvania, ADDITIONAL SPONSORS H.R. 1089: Mr. FILNER and Mrs. Mr. JONES, and Mr. BROOKS. Under clause 7 of rule XII, sponsors NAPOLITANO. H. Res. 209: Mr. MURPHY of Pennsylvania, H.R. 1093: Mr. FORBES, Mr. SHUSTER, Mr. were added to public bills and resolu- Mr. JONES, and Mr. BROOKS. WITTMAN, Mr. LANDRY, Mr. HERGER, Mr. RI- tions as follows: H. Res. 210: Mr. SCHIFF, Mr. CAPUANO, Ms. VERA, Mr. CRENSHAW, Mr. JOHNSON of Ohio, NORTON, Mr. COURTNEY, Ms. SLAUGHTER, Mr. H.R. 5: Mr. RIBBLE. Ms. ROS-LEHTINEN, Mr. KELLY, Mr. DUNCAN BOSWELL, and Ms. MATSUI. H.R. 10: Mr. HECK and Mr. STIVERS. of Tennessee, and Mr. FLORES. f H.R. 23: Mr. GEORGE MILLER of California. H.R. 1113: Ms. BASS of California. H.R. 49: Mrs. BACHMANN, Mr. NEUGEBAUER, H.R. 1124: Mr. FARR, Mr. STARK, and Ms. CONGRESSIONAL EARMARKS, LIM- Mr. COFFMAN of Colorado, and Mr. GRIMM. FUDGE. ITED TAX BENEFITS, OR LIM- H.R. 58: Mr. OLSON, Mr. LANDRY, Mr. H.R. 1134: Mr. MANZULLO and Mr. GOSAR. ITED TARIFF BENEFITS HERGER, Mr. JOHNSON of Ohio, Mr. ALTMIRE, H.R. 1151: Mr. CUMMINGS. Mr. SHUSTER, Mr. THOMPSON of Pennsyl- H.R. 1159: Mr. STUTZMAN, Mr. FLORES, Mr. Under clause 9 of rule XXI, lists or vania, and Mr. DUNCAN of Tennessee. POMPEO, and Mr. PEARCE. statements on congressional earmarks,

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Vol. 157 WASHINGTON, TUESDAY, APRIL 12, 2011 No. 53 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a THE DEFICIT AND THE DEBT Senator from the State of New Hampshire, called to order by the Honorable Mr. MCCONNELL. Madam President, to perform the duties of the Chair. JEANNE SHAHEEN, a Senator from the as the Senate gets back to work this State of New Hampshire. DANIEL K. INOUYE, President pro tempore. week, it is worth noting that a sea change appears to have taken place in Mrs. SHAHEEN thereupon assumed PRAYER Washington over the past few weeks. the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- Just 2 months ago, the President pro- pore. fered the following prayer: posed a vision of government that ig- Let us pray. f nored the fiscal crisis virtually every- O God, our Father, before whom the one else in the country knows we need lives of all are exposed and the desires RECOGNITION OF THE MAJORITY to address. And Democrats in Congress of all are known, continue to be at LEADER proposed that rather than cutting work in our lives. The ACTING PRESIDENT pro tem- Washington spending, we instead raise Use our lawmakers as instruments of pore. The majority leader is recog- taxes on oil and gas companies, who, as Your purposes, so that Your will may nized. we know, would pass it along to Amer- ican consumers in the form of higher be done on Earth and Your kingdom f may be established. Prompt our Sen- gas prices, at a time when gas prices ators to yield to the unfolding of Your SCHEDULE are double what they were a mere 2 mighty providence, as You remind Mr. REID. Madam President, fol- years ago. In other words, it wasn’t that long them that our times are in Your hands. lowing any leader remarks, the Senate ago that both the White House and May they refuse to boast about tomor- will be in a period of morning business Democrat leaders in Congress were row, depending upon Your strength and until 11 a.m. today. The majority will doing everything they could to ignore sufficiency for each day. control the first half of that, the Re- the Nation’s $14 trillion debt and to Great and marvelous are Your works, publicans the second half. At 11 a.m., preserve the massive growth in govern- O God. Just and true are Your ways, O the Senate will proceed to executive ment that they have presided over the King of Kings. session to debate the confirmation of past 2 years. But at some point in the We pray in Your great Name. Amen. two prospective judges, Briccetti and past few weeks, Democrats in Wash- f Kronstadt. At noon, there will be a ington finally got the message. The rollcall vote on confirmation of the PLEDGE OF ALLEGIANCE ground shifted and spending reductions Kronstadt nomination. The Senate will Democrats recently described as ‘‘ex- The Honorable JEANNE SHAHEEN led recess from 12:30 until 2:15 to allow treme’’ and ‘‘draconian,’’ they are now the Pledge of Allegiance, as follows: time for the weekly caucus meetings. calling ‘‘historic’’ and ‘‘commonsense.’’ I pledge allegiance to the Flag of the Madam President, I suggest the ab- The debate has turned from how much United States of America, and to the Repub- sence of a quorum. to grow government to how much to lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. reduce it. pore. The clerk will call the roll. This is a major departure from the f The legislative clerk proceeded to standard Democrat position—and it call the roll. APPOINTMENT OF ACTING suggests one of two things: either Mr. MCCONNELL. Madam President, PRESIDENT PRO TEMPORE Democrats in Washington are finally I ask unanimous consent that the order The PRESIDING OFFICER. The waking up to the fact that our only for the quorum call be rescinded. hope of averting the kind of disaster we clerk will please read a communication The ACTING PRESIDENT pro tem- to the Senate from the President pro are seeing unfold in Europe is by forc- pore. Without objection, it is so or- ing Washington to live within its tempore (Mr. INOUYE). dered. The legislative clerk read the fol- means, or they have made a political lowing letter: f calculation that Americans will no longer take them seriously if they con- U.S. SENATE, RECOGNITION OF THE MINORITY tinue to pretend otherwise. But either PRESIDENT PRO TEMPORE, LEADER Washington, DC, April 12, 2011. way, there now appears to be a bipar- To the Senate: The ACTING PRESIDENT pro tem- tisan agreement in Washington that Under the provisions of rule I, paragraph 3, pore. The Republican leader is recog- something serious must be done. Which of the Standing Rules of the Senate, I hereby nized. brings us to an announcement by the

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

S2365

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Under the previous order, the gress and a country what matters most Apparently the President is finally Senate will be in a period of morning to us, what is important. This concept ready to acknowledge problems that business until 11 a.m., with Senators is not unique to Democrats. the rest of the country has been wait- permitted to speak therein for up to 10 As the Speaker of the House and the ing for him to address. It is unfortu- minutes each, with the time equally di- chairman of the House Budget Com- nate that he had to be dragged into vided and controlled between the two mittee have both said, our budget is a this discussion. But those on the left leaders or their designees, with the ma- moral document. and right who have been clamoring for Those following the budget debate jority controlling the first half and Re- presidential leadership on these issues have noticed something unmistakable. publicans controlling the final half. have to welcome the President’s long- While both parties may agree in prin- awaited decision to engage on them. f ciple that a budget is more than simply We all look forward to hearing what MEASURE PLACED ON THE a collection of numbers, our positions the President has to say, but it is my CALENDAR—S. 783 couldn’t be more different. We stayed hope that in doing so, he offers more true to our values. We value the rights Mr. REID. Madam President, it is my than the outline his political adviser of Americans to afford a healthy life. understanding S. 783 is at the desk and suggested. As we know, House Repub- That is why we passed historic health due for its second reading. licans have put forward a detailed plan reform last year, but Republicans tried The ACTING PRESIDENT pro tem- that seeks to preserve and protect to use the budget to repeal those pore. The clerk will report. Medicare for current beneficiaries and rights. We stayed true to our values, The legislative clerk read as follows: strengthen Medicaid, in part, by giving and we didn’t let them. States more flexibility to implement A bill (S. 783) to provide an extension of We value women’s health, but Repub- it. At a time when thousands of baby time for filing individual tax returns in the licans tried to use the budget to make case of a Federal Government shutdown. boomers are retiring every day, putting it harder for women to get contracep- even more pressure on our already Mr. REID. I object to any further tion that reduces abortions. Their overburdened finances, creative solu- proceedings with respect to this bill. budget also tried to make it harder for tions like these are needed. The ACTING PRESIDENT pro tem- women to get cancer screenings, and Hopefully the President will put for- pore. Objection is heard. The bill will they even tried to slash funding for ward a plan that does not just pay lip- be placed on the calendar. cancer research. We stayed true to our service to the commitments we have Mr. REID. Madam President, it is my values and we didn’t let them. made to seniors and the poor, but understanding that in this time for We also value seniors’ ability to sup- which acknowledges the unique prob- morning business, Senators are per- port themselves, but Republicans tried lems that this generation and a rising mitted to speak for up to 10 minutes to use the budget to slice the Social generation of Americans face. Too each; is that right? Security Administration. That would often, it seems, Democrats in Wash- The ACTING PRESIDENT pro tem- have meant delays for seniors and dis- ington claim to be interested in help- pore. Correct. abled Americans who count on the ben- ing those in need, when what they real- f efits they have earned over a lifetime ly seek is to protect big government. of hard work. They also tried to use A MORAL BUDGET Meanwhile, Republicans are developing the budget to reopen the doughnut hole solutions that will enable us to keep Mr. REID. Madam President, I am al- which would have sent seniors’ pre- our commitments to seniors even as we ways moved to hear the Pledge of Alle- scription drugs skyrocketing. We create new opportunities for the young giance that marks the beginning of a stayed true to our values; we didn’t let and middle class with low-tax policies new legislative day in the Senate. On them. that lead to private sector job growth. the 150th anniversary of the beginning We value our children’s education, Whereas Republicans see America of the Civil War, the words ‘‘one na- but Republicans tried to use the budget growing its way to prosperity, Demo- tion, indivisible’’ mean more today to kick little boys and girls out of pre- crats seem to want to constrict oppor- than most other days. Along with kindergarten programs and slash Pell tunities for everyone, so everyone is Chaplain Black’s inspired invocation, grants that help so many students af- forced to do with less—except, of the pledge motivates us and reminds us ford college. We stayed true to our val- course, the politically connected and of the true purpose of our work. To- ues and we didn’t let them. those who are lucky enough to get a gether, they recall our responsibility We value our environment, but Re- waiver. to our country, to our countrymen, and publicans tried to use the budget to But at least the President is joining to our conscience. give polluters a free pass to poison the in the conversation. Hopefully that I am particularly pleased to see the air we breathe. We stayed true to our conversation is an adult one, and does Senate open this morning. As we all values and we didn’t let them. We not devolve into the kind of unhelpful know, last week at this time, even as value our economic security, but Re- scripted, and frankly juvenile, name- recently as just a few evenings ago, publicans tried to repeal the promise calling that we saw in the closing whether the government would stay we made to taxpayers that they will hours of the debate over the continuing open was a very real question. As I said never again be asked to bail out a big resolution last week. We all know that here late on Friday night, I am pleased bank when the bank loses its risky both sides will have to play a part in we reached an agreement on a budget bets. They tried to use the budget to addressing the crises we face, so we in time to keep the country operating. reverse rules we put in place to hold would do well to leave all dishonest I am pleased that the budget will Wall Street accountable. We stayed rhetoric aside. Both sides want to pre- make historic cuts, saving the country true to our values and we didn’t let serve what is best about America. If money so we can lower our deficit and them. both sides acknowledge that up front, do a better job of living within our Finally, we value our responsibility as we move from a conversation about meanings. to create jobs, but Republicans also billions to trillions, we will have much At the beginning of this debate and tried to use the budget to reverse the progress even though we have much throughout the last few weeks, I re- momentum we have seen in recent work ahead of us. minded the Senate that in this negotia- months. The policies they tried to jam I yield the floor. tion, as in any negotiation, neither through the budget would have cost us

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There fell into this hole and couldn’t afford afford that provide the benefits they are many examples where they wanted the plan they were offered at work need. to cut recklessly and we insisted on could use their employer’s contribu- Free choice is good for workers, it is cutting responsibly. Throughout this tion. They could have gotten a voucher good for business, it is good for our debate, we stayed true to our values. to choose a more appropriate afford- country’s bottom line; it offers a way The American people noticed, and they able plan in the exchange. The amount to rein in higher health care costs by are glad we did. By clear majorities our of the voucher would be set at the same putting purchasing power back into the constituents are glad we stood up for percentage that employers pay today: hands of the consumer. Once people health reform, women’s health, cleaner 70 percent of the cost of a typical plan. know they are paying for their health air, and on and on. The amount would be fixed, giving em- coverage and can shop for a plan that This budget battle has once again il- ployers certainty in the cost of doing answers their specific needs, costs will lustrated for the American people the business. For these families, it could come down. fundamental differences between the mean the difference between being able We hear often colleagues on both two parties. In some cases our prior- to buy a health plan they could afford sides of the aisle talk about choice and ities are poles apart. That is obvious to or going without coverage. If they competition and market forces. What the American people, as well it should found a plan in the exchange that’s this did was provide a chance for both be. They are the ones who will always cheaper that was cheaper than the sides to take principles they hold dear, decide whether the morals of their rep- voucher amount, but gave them every- expanding coverage with a market resentatives more closely match their thing they needed, they could have based approach for workers who are own. pocketed the difference in cost. This hurting, and say: Free choice vouchers As we work toward finalizing this gives that family an incentive to shop can do that. The arguments against year’s budget, we start the conversa- for lower cost coverage and helps hold free choice didn’t start with Democrats tion about next year’s budget, and we down everyone’s health care costs. or Republicans. The arguments started engage in the many other debates be- This kind of concept is not only good with the interest groups, the lobbies, fore us, Democrats will continue to in- for the employee, it is good for our the special interests that have a vested sist on policies that reflect and respect businesses, particularly the small busi- stake in holding their employees cap- our values. nesses that so strongly back this provi- tive and locking them into this incred- I ask unanimous consent that my sion. When the impact of free choice ibly inefficient status quo. time be charged against leader time was proposed during the health reform This provision has no budget impact and not morning business. debate, the Congressional Budget Of- in the fiscal year. Three hundred thou- The ACTING PRESIDENT pro tem- fice and the Joint Committee on Tax- sand low-income Americans are being pore. Without objection, it is so or- ation estimated that more than 300,000 hurt in this budget bill for something dered. families could benefit from this new that spends no money in the upcoming The Senator from Oregon is recog- year; 300,000 Americans with no accept- nized. approach to choice and competition. That was then. able alternative to make sure that f Since passage of the health care re- when they go to bed at night with their FREE CHOICE VOUCHERS form law, the need for free choice families they can take care of an ill- ness or a medical expense that comes Mr. WYDEN. Madam President, in vouchers is greater than ever. The Kai- ser Family Foundation, in their recent up in the morning. one cruel swoop late last week, more I don’t think this had to be. Clearly, than 300,000 Americans lost the oppor- analysis, found that employers, even since the law, are shifting more of the if we had had the opportunity in an tunity to buy affordable health insur- open forum to address this, there would ance for years to come. Specifically, I health care cost on to the backs of the workers. In that analysis, The Kaiser have been a different result because am talking about the removal behind that is how it got into the law in the closed doors by budget negotiators of Family Foundation reported that the typical increase for family coverage first place. I want to make sure col- the free choice voucher provision that leagues know we will have to be back went up three percent on average last would have been a lifeline to hundreds here to get some relief for the 300,000 year, but the cost for the typical work- of thousands of low-income Americans. Americans we put out in the cold as a er went up 14 percent. The employer One could say: Senator WYDEN, ev- result of that particular provision. I was paying virtually none of that in- erybody has to give a little during hope, once again, we can do it in a crease. The worker was eating almost tough times. Why is this different? fashion that brings Democrats and Re- The difference is that hundreds of all of it because costs were being shift- publicans together the way free choice thousands of Americans without health ed from employers on to the backs of vouchers and the principles it rep- care options, in a process that doesn’t the workers. So if anything, even more resents did in the first place. even have any direct cost to the Fed- people would likely need free choice I yield the floor. eral budget, are being asked to give up vouchers, and would have been eligible The ACTING PRESIDENT pro tem- a guarantee of coverage just a year to use them, than was originally envi- pore. The Senator from Minnesota. after passage of the Affordable Care sioned when we passed the law. Ms. KLOBUCHAR. Madam President, Act. They are going to be forced to I am of the view that it is not that I first acknowledge my colleague from make a Hobson’s choice between businesses don’t want to provide af- Oregon for his great leadership in this unaffordable insurance and going with- fordable benefits to workers. It is just area. We look forward to working with out health care, directly contradicting making less and less sense to do so him. He has taken an essential lead on the theoretical underpinnings of the given the way the current system oper- this important matter. This has been a Affordable Care Act. Under that provi- ates. Incentives would not change in difficult time for all of us with some of sion, those whose income falls below 2014, leaving an increasing number of the changes being made. 400 percent of the poverty line and families with a choice between the f whose employer-sponsored health in- unaffordable and the unavailable. Up surance premiums are between 8 and until late last week, in the dark of DAUNTING FISCAL CHALLENGES just under 10 percent would be exempt night, those families had a choice. Ms. KLOBUCHAR. Madam President, from having to purchase health cov- They had a choice, a third path. The I rise to speak about the daunting fis- erage. two that I mentioned, unaffordable and cal challenges our country faces and Unfortunately, now that they do not unavailable, were not very appealing, the urgent need for comprehensive bi- have access to the exchanges, they will and free choice vouchers would have partisan action to address our crushing

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.003 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2368 CONGRESSIONAL RECORD — SENATE April 12, 2011 debt burden. I have long believed we accept what we do not necessarily help people understand finances. The need to get serious about the deficit. agree with in an effort to develop a recommendations laid out in this re- Since I came to the Senate, I have plan that is both balanced and com- port could save hundreds of billions of worked to reform the way Congress prehensive. We already know much dollars, not by making Draconian cuts, conducts our own business, reducing about what will need to be done. Our not by taking drastic measures, but the budget of Congress, fighting for ap- failure to act has not been because we simply by eliminating waste. propriations project reform, and work- lack solutions but because Congress There are plenty of other examples of ing to restore our pay-as-you-go rules has lacked the political will to get be- savings we could find right here in and the budget process to ensure we hind proposals that on their own some- Washington, with Congress and with are only funding new programs if out- times are not always that popular. I our Federal agencies. dated or duplicative programs are cut. support the work being done by my col- To begin, we could eliminate billions I was one of a handful who fought for leagues, Senators WARNER, CHAMBLISS, of dollars in waste in Federal con- the creation of the fiscal commission, DURBIN, CRAPO, COBURN, and CONRAD, tracts. How? By ending the practice of and I have supported efforts by both and look forward to working with them giving bonuses to government contrac- Republicans and Democrats to respon- to put forward a serious, comprehen- tors who overcharge and underperform. sibly reduce the deficit. We wouldn’t sive deficit proposal. By requiring Federal agencies to set have even had the commission that Tomorrow, the President will be lay- strong standards for awarding contract worked all this past year and came up ing out his recommendations for a bonuses—standards that reward con- with a report that many people comprehensive deficit reduction pack- tractors based on the quality of their thought would just collect dust on the age. Much of the recent debate over work and their ability to meet dead- shelf, but that hasn’t been the case. deficit reduction has been dominated lines—we could save $8 billion. That is because a number of Senators by talk of how best to cut programs We could cut back on unnecessary last year said: We are not going to take that millions of American seniors and costs in the Federal Government’s day- this anymore. The country can’t take the most vulnerable in our society rely to-day spending, such as printing ex- this anymore. We will stand up and on every day. While I believe entitle- penses. Civilian Federal employees make sure the deficit commission gets ment reforms must be a part of a com- spend an estimated $1.3 billion on office started. We are going to make sure we prehensive solution, I believe there are printing every year, and it is estimated get strong people on the commission, also several other key steps we can that $440 million of that printing is which was achieved, and that they take to address our deficit in a mean- ‘‘unnecessary.’’ If we could cut that produce something that is meaningful. ingful way. $440 million in waste alone on the un- Right now as we speak, a number of As you know, Madam President, we necessary printing, we could save $4.4 our colleagues, a small group of six, are started down the road of entitlement billion over 10 years. working on the results from that com- reform with some of the efficiency Then there is the $4 billion we spend mission report, and we are hopeful they measures we put in for Medicare. Those on Federal vehicles every year. If we will come together in a bipartisan can be expanded. I know my State has could cut that budget by 20 percent, we agreement. always delivered high-quality low-cost could save $800 million a year and $8 Last year, I supported the efforts of health care, and we need to do that in billion over 10 years. my colleagues, Senators SESSIONS and more of the country when it comes to Additionally, the Federal Govern- MCCASKILL, to enact discretionary Medicare. ment is the largest property owner in spending caps. While this proposal With Social Security, there are some the country, with an inventory of more could not by itself balance the budget, excellent ideas to strengthen Social than 1.2 million buildings and struc- restraining discretionary spending Security, to make it more solvent. I tures—some of it unused. It does not growth is an important piece of the think we need to look at those, but we make sense for taxpayers to continue puzzle and will result in real budget have to make very clear we will not be paying for upkeep of these properties savings. balancing this budget on the backs of when we could sell them or repurpose I voted with Senator COBURN to cut seniors but that with any measures we them to make them more efficient. We hundreds of billions of dollars in Fed- take to reform Social Security, those could capture $15 billion in savings on eral spending by consolidating duplica- savings will go directly into Social Se- our deficit by selling properties that tive government programs and sup- curity—not to be used to reduce the have been identified as excess and ported Senator BENNET’s successful ef- deficit—to make Social Security eliminating their upkeep costs. Obvi- fort to rescind $180 billion in unused stronger in the long term. ously, I am not talking about all Fed- TARP funds to pay down the deficit. In That is what we need to do. I think eral properties, but these are prop- the first 4 months of this year, I have the rest of the world, when they look erties that have been identified as ex- supported $12 billion in cuts and have at these kinds of ideas and the meas- cess. pushed for many more. ures we can take, will say: Do you There are also a number of ways to These are all important steps. What know what. America is getting it back cut waste from our health care spend- our country needs now is for Congress together. It is not stealing from other ing. We should start by ending the to reach across the aisle and build con- parts of the budget paying for Social giveaway to the pharmaceutical com- sensus around a comprehensive, long- Security. It is actually making Social panies and allow for price negotiations term deficit reduction package that Security stronger by finding a way to with prescription drugs in Medicare will put us on track to prosperity. make it last longer and be there for our Part D. Ever since the economic downturn, seniors today as well as seniors for the Unfortunately, the ‘‘noninter- families across the country have future. ference’’ clause in the Medicare Part D huddled around the kitchen table mak- Now, I want to talk about a few of prescription drug benefit expressly pro- ing tough choices about what they hold the steps I think we could take and I hibits Medicare from negotiating lower most dear and what they can learn to hope will be included in the President’s prices from pharmaceutical companies. live without. They expect and deserve suggestions and in the deficit commis- This prohibition has imposed substan- that their leaders do the same. The sion report. tial and unnecessary costs on Amer- American people are counting on us to First, we need to get serious about ica’s taxpayers and seniors who are put politics aside, to pull together and making our government work more ef- paying excessive prices for prescription not pull apart, to not go to the oppo- ficiently by reducing programs that drugs. With Medicare barred from ne- site corners of the boxing ring and sim- have become duplicative or outdated. gotiating discounts, seniors face in- ply throw darts at each other. They ex- Last month, the Government Ac- flated prices for their medications, pect us to agree on a plan to live with- countability Office released a report while the pharmaceutical industry gets in our means and make America strong that identified 82 different programs a financial windfall. for the long haul. with similar descriptions in 10 different I am fighting to change that so our If we are going to succeed in this agencies for roads and trains, 47 for seniors can have access to their medi- challenge, we will ultimately have to training and employment, and 56 to cines at the lowest possible prices, and

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.004 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2369 I have introduced a bill, along with make over $1 million a year, if you that reflects the challenges we face as Senators BEGICH and BLUMENTHAL, that have their taxes set at the levels dur- a nation, that builds on the work of the would allow for price negotiations. Al- ing the Clinton era—at a time when we fiscal commission, and that brings both lowing Medicare to directly negotiate were very prosperous—you would save parties to the table for a grownup de- these prices, as the Veterans’ Adminis- nearly $400 billion in 10 years on the bate. tration does, could save us $240 billion deficit. While not all my colleagues The sooner we can agree on a long- over the next 10 years. agree on how or even whether we term package of smart cuts, the better We also need to take a more serious should raise more revenue, every seri- for our economy and the better for our look at Medicare fraud. Law enforce- ous bipartisan proposal has made it a country. I am hoping we can put par- ment authorities estimate Medicare clear must. tisan differences aside to work on an fraud costs taxpayers more than $60 In the quarter century since the last agenda that strengthens our economy, billion every year. This means as much comprehensive tax reform, the system promotes fiscal responsibility, and in- as 20 percent of total Medicare spend- has been riddled with expenditures that creases global competitiveness because ing is lost to fraud each year. benefit special interests and hurt com- if we refuse to have an honest con- To help combat these types of fraud, petitiveness. These expenditures add up versation about this, if we insist on I have introduced the IMPROVE Act— quickly, costing us over $1 trillion a just using the debate as a vehicle for Improving Medicaid/Medicare Payment year. For example, despite oil and gas angry rhetoric and an excuse for tak- Policy for Reimbursement through companies reporting record profits in ing cheap political shots, we will not Oversight and Efficiency—which would recent years, they will receive an esti- just be doing ourselves a disservice and help deter fraud by requiring direct de- mated $35 billion in tax breaks over the this institution a disservice, we will be positing of all payments made to pro- next decade. And there are many com- cheating our children and our grand- viders under Medicaid and Medicare. panies that attempt to evade our tax children out of knowing the America in These criminals scheme the system to system altogether. Closing these loop- which we grew up. rob American taxpayers of money that holes could save tens of millions of dol- The deficit is not just going to fix should be used to provide health care lars for American taxpayers. Expendi- itself. We all know that. We all know to those who need it most. We must tures such as these riddle the indi- we cannot just close our eyes, click our put a stop to it. Putting an end to vidual income Tax Code as well. heels, and—poof—the debt goes away. One aspect that is worth looking at— waste, fraud, and abuse is a critical In their report, the National Commis- and something near and dear to the step to save taxpayer dollars as we sion on Fiscal Responsibility wrote heart of every American who owns a look for ways to make our health care that ‘‘every modest sacrifice we refuse home—is the mortgage interest deduc- system more efficient. But we need to to make today only forces far greater tion. I have used it. Everyone I know continue to look for other ways to sacrifices of hope and opportunity upon who has bought a house has used it. the next generation.’’ And they are make our government and the way Here is the deal. The deduction is ex- Washington works more efficient as right. The longer we wait, the more pected to lower tax revenues by nearly wrenching the choices become, the well. $500 billion from 2010 to 2013. However, I mentioned efforts to reduce dupli- more we set ourselves up for becoming most of the benefits do not go to the cative programs in our government, another Greece or Ireland and having a middle class. So one idea—and this but we should also take a close look at potential meltdown in our financial came out of the fiscal commission—is the different agencies. For example, we system. But do you know who is really to make sure those benefits are firmly going to be making the painful choices could cut $75 billion from our defense there for the middle class; that is, to spending by restructuring our budget if we do not do anything right now? set the credit at equal to 12 percent of That is right, it is our kids and our and increasing efficiency. Whether it is interest payments on up to $500,000 of holding civilian workforce levels where kids’ kids. Is this really the legacy we mortgage debt on principal residences. want to leave them? they were in fiscal year 2010, which So here is what this means. If you buy would save $13 billion, or making tar- This is our challenge, and it will be a a house for $1 million, you still get the hard challenge to meet. But I am con- geted changes to Pentagon missions mortgage deduction, but it is up to and priorities, which would save $11 fident we can come together to make $500,000 in the value of the home. If you these tough choices to do what is right billion, or even just doing away with get a house for $300,000 or for $400,000, it unnecessary studies and internal re- for our economy and to renew the is not going to change the mortgage American promise of progress and op- ports, which would save $1 billion, deduction at all. But what does it do these cuts all add up. portunity for generations to come. for taxpayers? Well, phased in slowly Thank you. I yield the floor, and I Secretary Gates has proposed and to protect the housing market, this supports these cuts, and I believe they note the absence of a quorum. proposal would save $400 billion or The ACTING PRESIDENT pro tem- are necessary as we look for ways to more over the next decade. streamline our government and reduce pore. The clerk will call the roll. By taking steps such as these, we can The legislative clerk proceeded to our deficit. When Secretary Gates says lower tax rates, broaden the base, sim- call the roll. he does not need a certain type of a plify the Tax Code, and at the same The ACTING PRESIDENT pro tem- plane because he has another plane, I time bring down the deficit. This will pore. The Senator from Alabama. think we should listen to that as we benefit working families and make Mr. SESSIONS. Madam President, I look at how we are going to save America more competitive in the glob- ask unanimous consent that the order money in this government. al economy. for the quorum call be rescinded. In addition to cuts in spending and These ideas are just a few of the ideas The ACTING PRESIDENT pro tem- efforts to streamline our government, that I believe warrant a closer look and pore. Without objection, it is so or- we also need to take a serious look at should be considered as we look to re- dered. revenues and ways we can streamline duce our Nation’s deficit. Together, Mr. SESSIONS. Madam President, I our Tax Code to pay down our debt and they represent at least $1 trillion in ask unanimous consent to speak until ensure that the United States remains savings that could be included as part 11—I think that is the agreed upon competitive in this global world. of a bipartisan, long-term deficit re- time—and that I be notified 5 minutes Despite the fact that Federal revenue duction plan, in addition to a lot of the before 11. is at the lowest level as a percentage of work we have already done this year The ACTING PRESIDENT pro tem- GDP since 1946, our efforts last year to for spending cuts. We can look at some pore. Without objection, it is so or- let the tax rates for the wealthiest additional ideas for next year, and dered. Americans return to what they were there are many, many more. These are f under President Clinton were blocked just simply some I hope the President even though it would save $690 billion includes in his proposal and that the FISCAL RESPONSIBILITY over the next decade. You have said it, deficit commission includes as well. Mr. SESSIONS. Madam President, Madam President, for people making Tomorrow we will hear from the the American people have high expec- over $1 million—ror those people who President, and I hope we hear a plan tations of their leaders. They should

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I hope that is ship and take all appropriate steps to this way: ‘‘A serious, honest, straight- true. But I just wish to say this: At protect our Nation when we face a forward approach to addressing our Na- this point in history, with the budget clear and present danger. tion’s enormous fiscal challenges.’’ supposed to be passed in the Senate Clearly, the dominant issue of our They went on to say: Friday and we haven’t even had a time—I think there is no dispute with- Going forward, anyone who issues an alter- markup to have a hearing on a budget; in this Chamber—is our fiscal path, the native plan to Chairman Ryan’s should be we have not seen one, other than the debt course we are on, and the fact held to the same standard when offering President’s previous budget, which is that we want to see our country be their solutions. We simply cannot back away so utterly irresponsible, I think he prosperous and grow, create more jobs, from these issues. owes more than a speech. not lose jobs. To do that, we have to Rather than defend the President’s We hear a lot of speeches in this confront the large, soaring debt we budget or offer alternatives, what we country, a lot from the President. have. It dwarfs all other issues. The have been seeing in this Chamber are What we need are numbers. What he American people know it. They gave a just attacks on Congressman RYAN and needs to do is submit a new budget. If shellacking to the big spenders in the attacks on anybody who says change he is going to change his projections last election. It is what I hear when- has to occur. They act as though noth- for the future and is going to propose ever I am at home and what my mail ing has to change. Many remain in de- alterations in our entitlement pro- and e-mails and phone calls say. nial. Our Democratic chairman, Sen- grams, let’s see the numbers. He has People are worried about the future ator CONRAD, who said so many good around 500 people in the Office of Man- of our country economically, and they things about the need to challenge the agement and Budget. So if this is seri- are exactly right. The people who are status quo and make changes to put ous, let’s have a serious proposal. The not right are those who say change is our country on the right path, said: House has done it. The Republican not necessary—people who are in de- Representative Ryan’s proposal is partisan House has a budget. They are going to nial, including Government agencies and ideological. He provides dramatic tax move that budget. I suspect we will and departments. People who receive cuts for the wealthiest, financed by Draco- have that budget passed in the House governmental grants and programs nian reductions in Medicare and Medicaid. by Friday. It has real numbers, real in- think that nothing has changed in His proposals are unreasonable and tegrity, real change. It puts us on a unsustainable. their own minds, but things have path to prosperity, not debt and de- changed. I wish it weren’t so, but it is Is this going to be the nature of our cline. so. discussion? I thought we were supposed The American people know this is se- The Congressional Budget Act re- to be trying to reach a bipartisan un- rious. They know we are in a dangerous quires that Congress pass a budget derstanding of the challenges facing us time. All we have to do is rise and every year by April 15. That is this Fri- and do something about it. We saw make some tough choices, as mayors day. A few weeks ago, the Congress re- what the President’s own debt commis- and Governors and families are making ceived from the White House the most sion cochairmen said, respectfully, of around their kitchen table every day. irresponsible budget ever submitted by the Ryan proposal, and this is what our When we get through this exercise, we a President to the Congress and to the leadership said. Others have called it are not going to find that the govern- Nation because it did nothing to con- extreme. They say it is driven by these ment sank into the ocean because we front the problems we face. It made no evil tea party people who don’t know reduced agencies 15, 20, 25 percent. recommendations about entitlement anything. They know something. They The President needs to lay out con- programs—Social Security, Medicare, know the government is spending us crete, specific details about how he in- Medicaid—zero. It increased discre- into virtual bankruptcy and that Con- tends to solve these challenges we tionary spending, increased taxes by gress has failed in its basic responsibil- face—not a general speech. The House $1.7 trillion, and, according to the Con- ities to protect the Nation from eco- and Senate Budget Committees must gressional Budget Office that analyzed nomic danger. The American people be able to review what he proposes as the President’s budget, it increases the are right. the Budget Act presumes, in real num- debt, when it is all over, more than the I called on the President, before the bers. The Congressional Budget Office debt would have been increased if we State of the Union Message, to enter needs to be able to analyze it and see hadn’t had a budget from the Presi- into a dialog with the American people, how it will actually play out in terms dent, even with $1.7 trillion in new to look them in the eye and explain of dollars. taxes. That is why it was irresponsible. why we are in trouble, why we have to In 1996, President Clinton produced It did not confront the issues we so se- change. Who wants to go and propose four budgets. The shutdown occurred riously face today. He said when he an- any reduction in any spending? during that time and they had a big nounced it, that his budget would The ACTING PRESIDENT pro tem- fight during that time. But we know cause us to live within our means, that pore. The Senator from Alabama has 5 what happened 3 years later. The budg- it would not increase the debt, and minutes remaining. et was balanced. Yes, it was a messy that we are not going to spend any Mr. SESSIONS. I thank the Presiding fight, and people made a lot of mis- more money than we are taking in. All Officer. takes, but the end result was the fact-check organizations have found Who wants to do that? We are in a American people said: You are spend- that to be false. It is plainly false. The position where we have to make those ing too much. Congress rose and said: lowest single year in which we have a kinds of tough choices, just as our We are not going to keep doing this, deficit—and we have a deficit every counties, our cities, our mayors, and and they balanced the budget. We are year under the present budget—is $740 our State Governors are making every in a deeper hole today. It is going to be billion, and it is increasing in the 10th day. a lot harder, but it can be done again if year to $1.2 trillion. The horrible def- So now we are told the President is we meet the challenges. icit President Bush had was $450 bil- going to give a speech. He hasn’t yet So questions that must be answered lion. The lowest President Obama even discussed the danger we face. We by the President and the new budget projects in 10 years is $750 billion, and are told the President is planning this are some of these: it is going up in the outyears to $1.2 major speech to discuss our long-term The fiscal commission recommends trillion. fiscal problem. I would say, first of all, $1.3 trillion less in discretionary spend- In contrast, the House Budget Com- it has to be considered a dramatic ad- ing than proposed in the President’s mittee chairman, PAUL RYAN, has mission that his previous claims that budget. How does the President plan to

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The fiscal commission’s rec- the judicial nominations sent to the BRICCETTI TO BE UNITED committee this year by the President. ommendations would reduce it by $4 STATES DISTRICT JUDGE trillion, and the Ryan budget plan Today the Senate will consider two would reduce it by $5 trillion; but the nominations: First, Vincent Briccetti, President’s budget would increase the NOMINATION OF JOHN A. nominated to be U.S. District Judge for debt by $10 trillion and would not KRONSTADT TO BE UNITED the Southern District of New York. He produce any savings. How would the STATES DISTRICT JUDGE received a B.A. from Columbia Univer- President alter his original budget to sity and a juris doctorate from Ford- The ACTING PRESIDENT pro tem- ham University School of Law. The reduce the debt by $4 trillion? I wish to pore. Under the previous order, the see something more than a speech. nominee began his legal career as a law Senate will proceed to executive ses- clerk for the Honorable John M. Give me a break. I wish to see some sion to consider the following nomina- numbers so we can discuss it. Cannella, U.S. District Court for the tions. Southern District New York. Once the President engages, we can The clerk will report. After a short term in private prac- have that long overdue national dialog The legislative clerk read the nomi- tice, he served as an assistant U.S. at- about solving the Nation’s fiscal prob- nations of Vincent L. Briccetti, of New torney. That was also for the Southern lems. But he has to acknowledge that York, to be U.S. District Judge for the District of New York. Later, he became we have one. As every witness has told Southern District of New York, and a deputy chief appellate attorney. us—and the debt commission chairmen, John A. Kronstadt, of California, to be After working as an associate attorney Simpson and Bowles, said this Nation United States District Judge for the in a law firm, the nominee started his has never faced a more predictable fis- Central District of California. own firm in 1992 and, as I report to my cal financial crisis. They see it coming. The ACTING PRESIDENT pro tem- colleagues regularly on the ABA stand- We have to change. pore. There will now be 1 hour of de- ing committee on the Federal judici- I hope in his speech the President bate equally divided between the two ary, that committee has unanimously will discuss entitlements, discuss sides. rated this nominee ‘‘well-qualified.’’ whether it is good to burden American The Senator from Illinois. The second nominee is John energy companies with new taxes, dis- Mr. KIRK. Madam President, I ask Kronstadt, nominated to be U.S. Dis- cuss whether we should tax small busi- unanimous consent that I be allowed to trict Judge, Central District of Cali- nesses even more, and discuss the mili- speak out of turn as in morning busi- fornia. He received his B.A. from Cor- tary budget. I think a leading Presi- ness. nell University and juris doctorate dent should talk about that. Rather The ACTING PRESIDENT pro tem- from Yale Law School. He began his than trying to drain every cent of tax pore. Without objection, it is so or- legal career as law clerk to the Honor- revenue from the American people, dered. able William P. Gray, U.S. District Washington should try to drain every (The remarks of Mr. KIRK are printed Court, Central District of California. cent of waste from the Federal budget. in today’s RECORD under ‘‘Morning This nominee practiced law for nearly I hope this doesn’t continue the pat- Business.’’) 24 years, most recently as a partner tern of retreat that is already emerg- Mr. KIRK. I suggest the absence of a with Arnold & Porter. ing, where the President supports def- quorum. On November 14, 2002, Gov. Gray icit reduction in theory but resists it The ACTING PRESIDENT pro tem- Davis appointed Judge Kronstadt to in practice, and he claims credit when pore. The clerk will call the roll. the Los Angeles County Superior he is forced to accept reduction. For a The assistant legislative clerk pro- Court. There he presided over criminal, President to abdicate his responsibility ceeded to call the roll. civil, and family law matters. Again, to lead the effort to meet one of the Mr. GRASSLEY. I ask unanimous reporting on the American Bar Asso- greatest challenges in our Nation’s his- consent that the order for the quorum ciation rating of this nominee, the tory would be tantamount to a general call be rescinded. nominee had substantial majority leaving the battlefield in a time of war. The PRESIDING OFFICER (Mr. ‘‘qualified,’’ a minority, ‘‘well quali- I hope we have a speech. I hope it is TESTER). Without objection, it is so or- fied.’’ backed up with real numbers, and I dered. I support these two nominees and hope and pray it represents a recogni- Mr. GRASSLEY. Mr. President, the urge my colleagues to support them as tion by the President of the United Senate will confirm two more of the well. I congratulate each of the nomi- States that we have a serious fiscal President’s judicial nominees. Both of nees for their achievement and, more challenge before us. these nominees are for seats termed importantly, for their long period of Business as usual cannot continue. ‘‘judicial emergencies.’’ My Republican public service which will continue after Change is necessary. I hope he intends colleagues and I continue to dem- their confirmation by the Senate. to participate in that and help lead the onstrate our cooperation. We have Mrs. BOXER. Mr. President, I wish to good change that is necessary. worked with the Democratic majority express my strong support for Cali- in moving consensus nominees through fornia Superior Court Judge John A. I yield the floor and suggest the ab- the committee and on to the Senate Kronstadt, as the Senate prepares to sence of a quorum. floor. With today’s votes, we will have vote on his confirmation to the U.S. The ACTING PRESIDENT pro tem- confirmed 17 judicial nominees in just District Court for the Central District pore. The clerk will call the roll. 39 short days the Senate has been in of California. Judge Kronstadt was rec- The legislative clerk proceeded to session this Congress. Twelve of these ommended to the President by my col- call the roll. confirmations were for those positions league, Senator FEINSTEIN, and will be Mr. SESSIONS. Madam President, I that are termed ‘‘judicial emer- a great addition to the Federal bench. ask unanimous consent that the order gencies.’’ Judge Kronstadt has had a distin- for the quorum call be rescinded. We have reported out of committee a guished career. After graduating from The ACTING PRESIDENT pro tem- total of 32 judicial nominees. That is 51 Yale Law School, he served as a Fed- pore. Without objection, it is so or- percent of the total nominees who have eral law clerk for Judge Gray on the dered. been submitted to the Senate by the Central District of California. With his

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.008 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2372 CONGRESSIONAL RECORD — SENATE April 12, 2011 confirmation, Judge Kronstadt will be est judges on the bench. Fellow judges, Judge John M. Cannella in the South- returning to the same court where he litigants, and local lawyers describe ern District of New York, and then en- served as a clerk. Following his clerk- him as ‘‘incredibly smart,’’ ‘‘very fair,’’ tered private practice for 2 years. ship, he was in private practice, spe- ‘‘even-tempered,’’ and a ‘‘hard worker’’ Vince’s dedication to the rule of law cializing in complex litigation, anti- who ‘‘cares an incredible amount about had already begun, but his public serv- trust, copyright and securities. Since the jury system.’’ ice commenced when he entered the 2002, Judge Kronstadt has served as a He has been a leader on the bench, U.S. attorney’s office in the Southern superior court judge in Los Angeles. serving on the court’s executive com- District of New York in 1985. For 4 I congratulate Judge Kronstadt and mittee, and chairing its Community years, he tried an impressive array of his family on this important day, and Outreach Committee, among other po- cases, including a sweeping tax fraud urge my colleagues in the Senate to sitions. case that earned him too many awards join in voting to confirm this highly Beyond his educational and profes- to list here today. He then became the qualified nominee to the Federal sional qualifications, Judge Kronstadt deputy chief of the Appellate Division bench. has also shown an impressive dedica- of the U.S. Attorneys’ Office and de- Mrs. FEINSTEIN. Mr. President, I tion to education and the teaching of fended the office’s convictions and am very pleased that we are consid- students throughout his career. practices on appeal. ering the nomination of Judge John Since 2002, he has spent roughly 1,500 Following a distinguished career at Kronstadt to the U.S. District Court hours as a volunteer with the Constitu- the prestigious law firm of Paul, for the Central District of California tional Rights Foundation, including Hastings, Janofsky & Walker, he here today. serving as the foundation’s president. steered his practice back to White I had the privilege of recommending This is a nonprofit, nonpartisan orga- Plains and established his own law firm Judge Kronstadt’s nomination to nization in Los Angeles that seeks to there. For the last 17 years, he has President Obama. ‘‘educate young people to become ac- practiced as a criminal defense lawyer Since 2002, he has served as a judge tive and responsible participants in our in State and Federal court. He has on the California Superior Court for society’’ and to teach them about ‘‘the tried approximately 50 cases to verdict or judgment. I have heard from judges Los Angeles County. importance of civic participation in a Judge Kronstadt first came to my at- democratic society.’’ and practitioners alike that Vince is a Judge Kronstadt developed a pro- lawyer whose involvement invariably tention through the Judicial Advisory gram for the Foundation known as improves the outcome of any specific Committee that I have set up in Cali- ‘‘Courtroom to Classroom.’’ This pro- case with which he is involved and who fornia. This is a bipartisan committee gram facilitates visits by judges to has in general been one of the Bar’s that reviews judicial candidates for me eighth and eleventh grade public school great assets. He has treated his duty as based on their legal acumen, reputa- classrooms throughout the Los Angeles a lawyer to dedicate time to pro bono tion for skill and professionalism, area. work—through serving on the local breadth of personal experience, tem- Judges who volunteer provide copies Criminal Justice Act panel—not as an perament, and overall commitment to of the Constitution to the students and obligation, but as a calling. To quote excellence in the field of law. organize mock trial activities to allow former Federal district court Judge Judge Kronstadt stood out from them to experience constitutional law Stephen C. Robinson’s letter to this among the candidates for the vacancy and the courtroom at a young age. committee: on this court because he has all of And while in private practice, he de- On at least three separate occasions, when these qualities in spades. veloped a training program for the Los I had some doubt as to whether a party be- He has an outstanding academic Angeles County Bar Association that fore me was receiving adequate and appro- record, with a bachelor of arts degree reached over 1,000 new attorneys. priate counsel, I asked Vince to take up the from Cornell University and a law de- I am very pleased to support Judge representation. Vince always stood ready to gree from Yale Law School. Kronstadt’s nomination. He has shown respond to my requests for assistance in the He started his legal career on the name of justice. I can tell you that all of the a firm commitment to the rule of law, judges in our courthouse held Vince in the very court to which he is now nomi- and a dedication to public service in a highest regard. nated, serving as a law clerk to Judge variety of ways. While he ran his own firm and rep- William Gray of the U.S. District Court I believe he is eminently qualified to resented clients, Vince also continued for the Central District of California. serve on the U.S. District Court for the to assist the government by serving as Judge Kronstadt also brings a distin- Central District of California. The Ju- a special prosecutor at the behest of guished background in private prac- diciary Committee unanimously re- the Westchester County District Attor- tice. Prior to becoming a judge, he ported his nomination last month, and ney when he or she was conflicted out spent roughly two dozen years as a liti- he is much-needed on the central dis- of a prosecution. The current district gator trying complex civil cases before trict bench—that court has been des- attorney in Westchester County has Federal courts, State courts, and ad- ignated as a judicial emergency dis- commended him as ‘‘possessed of the ministrative agencies. trict by the Administrative Office of highest moral character and integ- He started as an associate and then the U.S. Courts. I thank the leader for rity.’’ became a partner at the law firm of Ar- bringing his nomination to the floor, Everywhere you go in and around nold & Porter—first in Washington, and I urge my colleagues to support his New York, you hear superlatives about DC, and then in Los Angeles. Between nomination. Vince Briccetti: That he is the very years with that firm, he also spent 15 Mr. SCHUMER. Mr. President, I am model of an ethical, fair, dedicated years managing his own firm with proud to support Vincent L. Briccetti, lawyer; that while he is a terrific advo- three colleagues. That was the firm of a superb lawyer who will be a brilliant cate, there is no one you would rather Blanc, Williams, Johnston, & and experienced addition to the bench see on the opposite side of a case to en- Kronstadt. of the Southern District of New York. sure a full and fair hearing of the On the Los Angeles County Superior Vince has reached the apex of his issues at stake; and that he is a dedi- Court, his docket consists primarily of profession through sheer hard work cated member of the New York commu- civil cases, ranging from employment and raw intelligence. The son and nity. It will be a tribute not just to litigation to contract disputes to intel- grandson of Italian butchers, Vince was Vince but to the bench when we add lectual property and other commercial born in Mt. Kisco, NY, and grew up ‘‘thoughtful and brilliant federal matters. He has overseen some 250 working in the butcher shop while he judge’’ to the encomia. The time has trials, as well as countless pretrial pro- went to school, eventually graduating come to confirm Vince for this judici- ceedings. from Columbia University and Ford- ary emergency vacancy that has been He has amassed a stellar in his al- ham University School of Law. He open for more than 18 months. most 9 years on the court: only one of spent many of his summers working as Mr. LEAHY. Mr. President, we con- his decisions has ever been reversed. a waiter. tinue to work to bring down the num- Within the Los Angeles area, Judge After graduating from law school, he ber of judicial vacancies that have re- Kronstadt is regarded as one of the fin- earned a prestigious clerkship with mained at historically alarming levels

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.010 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2373 for the last 3 years. One in every nine judicial nominees reported last month. J.D. from Yale Law School. The Judici- Federal judgeships remains vacant as I hope that we can work to restore reg- ary Committee reported his nomina- judicial vacancies stand at 96. ular order in considering judicial nomi- tion unanimously on March 10. I thank the majority leader for nations and that, at a minimum, the Vincent Briccetti has been nomi- scheduling votes on two more judicial Senate will be allowed to proceed be- nated to fill a judicial emergency va- emergency vacancies. Vincent fore the recess to confirm those judi- cancy in the Southern District of New Briccetti has been nominated to fill a cial nominations reported with bipar- York. An attorney for the past 30 judgeship in the Southern District of tisan support. All 17 of the pending years, Mr. Briccetti has spent time in New York and John Kronstadt to fill a nominees have a strong commitment private practice and as a Federal pros- judgeship in the Central District of to the rule of law and a demonstrated ecutor. He was unanimously rated by California. I believe they both could be faithfulness to the Constitution. All the American Bar Association’s Stand- confirmed unanimously. They were re- should have an up or down vote after ing Committee on the Federal Judici- ported by the Judiciary Committee being considered by the Judiciary Com- ary as well qualified to serve on the unanimously more than one month mittee, and without weeks of needless district court. Mr. Briccetti earned his ago. delay. B.A. from Columbia University and his With cooperation from both sides of If we join together we can make real J.D. from Fordham University School the aisle, the Senate could consider progress by considering all of the judi- of Law. The Judiciary Committee also many more of the 17 judicial nominees cial nominations now on the Senate’s reported his nomination unanimously currently ready for final action, and Executive Calendar. If the Senate were on March 10. could do so before the Senate takes its to take favorable action on the 17 judi- I have thanked the ranking Repub- Easter recess at the end of this week. cial nominations currently pending and lican on the Judiciary Committee, Sen- Doing so would fulfill our responsi- awaiting final Senate consideration, we ator GRASSLEY, for his cooperation this bility to help address the vacancies cri- could reduce vacancies to below 90. In year. I see him taking credit for what sis that puts at serious risk the ability fact, we would be able to reduce them he calls ‘‘our rapid pace.’’ I am glad to of Americans to get a fair and timely below 80 for the first time since July see him echo my call to turn the page hearing for their cases in Federal 2009. and end the days of tit for tat on judi- court. Federal judicial vacancies around the cial nominations. That is what I did All 17 of the judicial nominations country still number too many, and from the first days of the Bush admin- pending on the Senate’s Executive Cal- they have persisted for too long. istration in spite of how President endar were reported by a majority of Whereas the Democratic majority in Clinton’s nominees had been treated. the Judiciary Committee after mem- the Senate reduced vacancies from 110 We have a long way to go to do as bers had an opportunity to review thor- to 60 in President Bush’s first 2 years, well as we did during President Bush’s oughly extensive materials provided in judicial vacancies still number 96 more first term, when we confirmed 205 of response to our questionnaire, to ques- than 26 months into President Obama’s his judicial nominations, bringing the tion the nominees at a hearing, and to term. By now, judicial vacancies vacancy rate down from 10 percent to just over 4 percent. We confirmed 100 of send written follow-up questions to the should have been cut in half, but we those judicial nominations during the nominees. All of them are ready for have barely kept up with attrition. final Senate action. With Federal judi- Regrettably, the Senate has not re- 17 months I was chairman during Presi- cial vacancies continuing to hover duced vacancies dramatically as we did dent Bush’s first 2 years in office. So around 100, we should act responsibly during the Bush administration. In far, well into President Obama’s third by voting promptly on these nomina- fact, the Senate has reversed course year in office, the Senate has only been tions. during the Obama administration, with allowed to consider 77 of President Two of the nominees currently await- the slow pace of confirmations keeping Obama’s Federal circuit and district court nominees. We remain well short ing a Senate vote have twice been con- judicial vacancies at crisis levels. Over of the benchmarks we set during the sidered by the Judiciary Committee the 8 years of the Bush administration, and twice reported with strong bipar- Bush administration. from 2001 to 2009, we reduced judicial The Senate must do better. We must tisan support, first last year and again vacancies from 110 to a low of 34. That work together to ensure that the Fed- in February. They are Susan Carney of has now been reversed, with vacancies eral judiciary has the judges it needs to Connecticut to fill a judicial emer- staying above 90 since August 2009. The provide justice to Americans in courts gency vacancy on the U.S. Court of Ap- vacancy rate—which was reduced from throughout the country. Judicial va- peals for the Second Circuit, and Mi- 10 percent at the end of President Clin- cancies on courts throughout the coun- chael Simon to fill an emergency va- ton’s term, to 6 percent by this date in try hinder the Federal judiciary’s abil- cancy on the district court in Oregon. President Bush’s third year, and ulti- ity to fulfill its constitutional role. Two of the nominations have been re- mately to less than 4 percent in 2008— They create a backlog of cases that ported favorably by the committee has now swelled to nearly 11 percent. prevents people from having their day three times—that of Goodwin Liu to The two nominations we consider in court. This is unacceptable.That is fill a judicial emergency vacancy on today demonstrate that there is no rea- why Chief Justice Roberts, Attorney the Ninth Circuit and that of Jack son the Senate cannot consider and General Holder, White House Counsel McConnell, reported with bipartisan confirm the President’s nominations to Bob Bauer and many others—including support to fill a vacancy on the Dis- the Federal bench in a timely manner. the President of the United States— trict of Rhode Island. Another cur- Both nominees show President have spoken out and urged the Senate rently pending nomination has been re- Obama’s commitment to working with to act. I hope that we will follow their ported favorably four times, that of home State Senators to identify su- advice and make progress to ensure Judge Edward Chen to a judicial emer- perbly qualified nominees in districts that the Federal courts are able to gency vacancy on the Northern Dis- with vacancies. I thank Senators FEIN- function for all Americans. trict of California. All of these nomina- STEIN, BOXER, SCHUMER and GILLIBRAND I yield the floor and suggest the ab- tions have long been ready for a Senate for working with President Obama on sence of a quorum. vote. So are nominations now pending these nominations and congratulate The PRESIDING OFFICER. The to fill a judicial vacancy on the DC Cir- them along with the nominees and clerk will call the roll. cuit, judicial emergency vacancies in their families. The bill clerk proceeded to call the Tennessee, Florida and another in New Judge John Kronstadt has been nom- roll. York, two vacancies in Virginia, two inated to fill a judicial emergency va- Mr. CORNYN. Mr. President, I ask vacancies in New Jersey, another va- cancy in the Central District of Cali- unanimous consent that the order for cancy in New York, and a vacancy on fornia. He currently serves on the Los the quorum call be rescinded. the district court for the Northern Angeles County Superior Court and The PRESIDING OFFICER. Without Mariana Islands. previously spent 24 years in private objection, it is so ordered. It is actually a sign of progress that practice. Judge Kronstadt earned his Mr. CORNYN. Mr. President, I yield we are today proceeding to confirm two B.A. from Cornell University and his back time on both sides.

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.020 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2374 CONGRESSIONAL RECORD — SENATE April 12, 2011 The PRESIDING OFFICER. Without ORDER OF PROCEDURE This body played a key role in lim- objection, it is so ordered. Mr. REID. Mr. President, I ask unan- iting Federal Government expansion. The nomination of Vincent L. imous consent that at 2:15 today the Debate in the Senate was unlimited. Briccetti, of New York, to be United Senate proceed to morning business, The cloture vote did not exist. As States District Judge for the Southern for debate only, until 5 p.m. today, George Washington had said, the Sen- District of New York, is confirmed. with Senators permitted to speak ate was the saucer that cooled the tea. The question is, Will the Senate ad- therein for up to 10 minutes each. All that changed in the 20th cen- vise and consent to the nomination of At 2:15, the Senator from Wisconsin, tury’s second decade. The Senate adopted the cloture vote and America John A. Kronstadt, of California, to be Mr. JOHNSON, will be recognized for up United States District Judge for the to 20 minutes for the purpose of his adopted the 16th amendment. The Fed- Central District of California? maiden speech. Further, at 5 p.m., I eral Government now had the power to Mr. CORNYN. Mr. President, I ask ask unanimous consent that I be recog- tax income, and the Senate had made for the yeas and nays. nized. it easier for government to grow. And The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without guess what. Government grew. sufficient second? objection, it is so ordered. It did grow in reaction to real prob- There appears to be a sufficient sec- Mr. REID. Mr. President, I have spo- lems. Trusts had been formed that con- ond. ken to my counterpart, Senator centrated power and created monopo- lies that threatened free markets. Cap- The clerk will call the roll. MCCONNELL, this morning. We hope to The assistant editor of the Daily Di- get an agreement on a way to move ital did exert too much power over gest called the roll. forward on the small business bill. labor. Balance was needed. As our Na- Mr. KYL. The following Senators are There are a few issues outstanding and tion’s prosperity grew, the elimination necessarily absent: the Senator from we would like to get that done. We are of poverty and retirement insecurity North Carolina (Mr. BURR), the Senator going to do our utmost to get an agree- became a public responsibility. Private from South Carolina (Mr. GRAHAM), the ment and complete that bill. charity was simply deemed not up to Senator from Louisiana (Mr. VITTER), the task. So government acted and and the Senator from Mississippi (Mr. f government grew. WICKER). RECESS From 2 percent in 1902 to today, The PRESIDING OFFICER. Are there where the Federal Government spends The PRESIDING OFFICER. Under 25 percent of our Nation’s economy, any other Senators in the Chamber de- the previous order, the Senate stands siring to vote? and combined all levels of government in recess until 2:15 p.m. in the United States now consume 39 The result was announced—yeas 96, Thereupon, the Senate, at 12:32 p.m., nays 0, as follows: percent. By comparison, the size of recessed and reassembled at 2:15 p.m., government in Norway is 40 percent; in [Rollcall Vote No. 58 Ex.] when called to order by the Presiding YEAS—96 Greece it is 47 percent; and in France, Officer (Mr. WEBB). 53 percent. In the end, I don’t believe Akaka Feinstein Merkley The PRESIDING OFFICER. The Sen- Americans want to be like France or Alexander Franken Mikulski ator from Wisconsin. Ayotte Gillibrand Moran Greece. We haven’t reached that tip- Barrasso Grassley Murkowski f ping point yet, but we are extremely Baucus Hagan Murray close. Begich Harkin Nelson (NE) PRESERVING AMERICA’S FREEDOM Bennet Hatch Nelson (FL) There is a reason America holds 5 Bingaman Hoeven Paul Mr. JOHNSON of Wisconsin. Mr. percent of the world’s population and Blumenthal Hutchison Portman President, it is my honor to represent yet accounts for 24 percent of the Blunt Inhofe Pryor the good people of Wisconsin in the Boozman Inouye Reed world’s GDP. It is because of freedom, Boxer Isakson Reid Senate. It is an awesome responsi- the free market system and the Amer- Brown (MA) Johanns Risch bility—a responsibility I take very se- ican people. America became a land of Brown (OH) Johnson (SD) Roberts riously. unlimited opportunity because we were Cantwell Johnson (WI) Rockefeller Today it is my distinct privilege to Cardin Kerry Rubio a nation of self-reliant people. Hard Carper Kirk Sanders address this historic body for the first work was valued, personal responsi- Casey Klobuchar Schumer time. It is a moment in time when our bility expected, and success was cele- Chambliss Kohl Sessions Nation is in peril. Not only do we con- Coats Kyl Shaheen brated, not demonized. I grew up in Coburn Landrieu Shelby tinue to face the very real threat of that America. Cochran Lautenberg Snowe international terrorism, but we also I am very sad to say what I have wit- Collins Leahy Stabenow face a threat of our own making, one nessed during my lifetime is a slow but Conrad Lee Tester that challenges the very foundation of Coons Levin Thune steady drift and, I would argue, over Corker Lieberman Toomey this Republic. the last 2 years a lurch toward a cul- Cornyn Lugar Udall (CO) Our Nation was founded on the basis ture of entitlement and dependency. Crapo Manchin Udall (NM) of God-given rights and individual lib- This is not an America I recognize. It DeMint McCain Warner Durbin McCaskill Webb erty. The genius of our Founding Fa- is not an America that will work. Ensign McConnell Whitehouse thers’ vision was rooted in their rec- Even worse, we have granted entitle- Enzi Menendez Wyden ognition that more often than not gov- ments and encouraged dependency with NOT VOTING—4 ernment was something to fear. Gov- little thought as to how we would pay Burr Vitter ernment necessarily limited individual for it. We have racked up enormous Graham Wicker freedom and, therefore, government debt, and now the bill is coming due. The nomination was confirmed. itself must be limited—its potential for Time is running out. The PRESIDING OFFICER. Under growth highly constrained. Last week, the government almost the previous order, the motion to re- During America’s first century, this shut down because we were arguing consider is considered made and laid vision was largely upheld. The last cen- over a few billion dollars, but our debt upon the table. The President will be tury, however, has been an entirely dif- and deficits are measured in the tril- immediately notified of the Senate’s ferent story. In 1902, the Federal Gov- lions. Our problem is a thousand times action. ernment spent 2 percent of the Nation’s larger than the current debate. Most of gross domestic product; State and local us recognize this is simply governments spent 5 percent. Govern- unsustainable. Most of us know what f ment was close to the governed. The programs need to be reformed. Most of size, scope, and cost of the Federal us want to fix the problem. So let’s LEGISLATIVE SESSION Government was constrained by the start addressing these issues now be- The PRESIDING OFFICER. The Sen- Constitution’s enumerated powers. The fore it is too late. ate will resume legislative session. individual was preeminent, and govern- These are enormous problems and it The majority leader is recognized. ment’s role was modest and pedestrian. is easy to become pessimistic, but

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.012 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2375 there is reason to be hopeful. I have The reality today, as I think most come back and they say: Well, now we done a fair amount of traveling Americans understand, is that the mid- have a real deficit problem. We made throughout Wisconsin over the last dle class of our country is collapsing. the problem worse in December, so now year, speaking to all kinds of people— Over the last 10 years, median family we really have to deal with the deficit, Republicans, Democrats, union mem- income has gone down by $2,500. Mil- and we are going to do it by making bers, tea party folks. I talked about lions of Americans who have lost their devastating cuts to programs that low- America, about how incredibly pre- jobs secured new jobs at substantially and moderate-income Americans des- cious and exceptional it is, and how I lower pay. Younger workers are finding perately depend upon. fear we may be losing it. it very hard to get a job at a livable What we are looking at is the Robin What I will never forget is how many wage. Hood principle in reverse: We are tak- people came up to me after my speech- Furthermore, what we don’t talk ing from working families who are es with tears in their eyes or tears run- about terribly often here on the floor struggling to survive—taking hundreds ning down their cheeks—not because I of the Senate or certainly in the cor- of billions of dollars and giving it to am a great public speaker but because porate media is the rather unfortunate millionaires and billionaires. In my people love this country. Their polit- reality that in the United States, we view, this is grossly immoral, and it is ical affiliation makes absolutely no have the most unequal distribution of also very bad economics. difference. Americans want this Nation income and of wealth of any major Let me touch on some of the cuts preserved, and they are counting on us country on Earth. Today, the top 1 per- that are coming down the pike in this, to do just that. cent of earners make 23 percent of all the 2011 budget. At a time of soaring The good news is they will support us income. The top 1 percent earn 23 per- fuel prices—in the State of Vermont if we make the hard choices together. cent of every dollar, and that is more and I am sure in Minnesota, a lot of So together let’s roll up our sleeves than the bottom 50 percent. The top 1 people heat with oil—the cost is going and do what needs to be done. percent make more money than the up. The Low Income Home Energy As- Mr. President, I yield the floor. bottom 50 percent. The percentage of sistance Program, LIHEAP, would be The PRESIDING OFFICER. The Re- income going to the top 1 percent has cut by $390 million. In Vermont, many publican leader is recognized. nearly tripled—nearly tripled—since of the people who use the LIHEAP pro- Mr. MCCONNELL. Mr. President, I the 1970s. Between 1980 and 2005, 80 per- gram are low-income senior citizens. congratulate our new Senator from cent—80 percent—of all new income in So we give tax breaks to billionaires, Wisconsin, a very important addition America went to the top 1 percent. and we go after low-income senior citi- to our caucus and to the Senate—a Today, when we talk about distribu- zens and say: Sorry, you may have to man who has actually run a business, tion of wealth—not income—the num- go cold. actually employed people and created bers are, frankly, beyond belief. Today At a time when the cost of college wealth in his State and our country. in America, if my colleagues can be- education is getting unaffordable for Having someone in the Senate who lieve it, the wealthiest 400 Americans— many low- and moderate-income fami- knows how to do that at this critical 400 Americans, a very small number lies in this country—hundreds of thou- moment is absolutely essential, and I out of a nation of over 300 million peo- sands of young people have given up congratulate the new junior Senator ple—own more wealth than the bottom their college dream because of the high from Wisconsin. 150 million Americans. So 400 on one cost of college—Pell grants would be The PRESIDING OFFICER. The sen- side, 150 million on the other, and that reduced by an estimated $35 billion ior Senator from Wyoming. gap between the very, very rich and ev- over 10 years, including a nearly $500 Mr. ENZI. Mr. President, I would like erybody else is growing wider. million cut this year, and Pell grants to congratulate the other accountant I don’t have to describe economically are the major source of Federal funding in the Senate. It is nice to have addi- what is going on in this country be- to help low- and moderate-income col- tional help with numbers. It will make cause almost everybody understands it. lege students go to school. a tremendous difference. Real unemployment today is not 8.9 At a time when 50 million Americans He has had both the business experi- percent; it is closer to 16 percent. have no health insurance, community ence and the accounting experience, Today in America, 50 million people health centers would be cut by $600 and he understands a lot of things that have no health insurance. Today in million. This is an issue on which I to us in the Senate are pretty simple America, seniors and disabled vets un- have worked very, very hard. Commu- but to the person working on the derstand they have not received a So- nity health centers provide access to ground it is very difficult. He is good at cial Security COLA in 3 years. primary health care, dental care, low- expressing himself and, as I said, par- So what we start with when we look cost prescription drugs, and mental ticularly good with numbers. So I con- at America today is a middle class health counseling for some 20 million gratulate him on his maiden speech. which is disappearing, poverty which is Americans right now. Our hope was to I yield the floor. increasing, and the people on top doing expand that to 40 million Americans. The PRESIDING OFFICER. The Sen- phenomenally well. Given that reality, When we do that, we save money be- ator from Tennessee. one might think the Congress would be cause people do not end up in the emer- Mr. ALEXANDER. Mr. President, I actively involved in trying to protect gency room; they do not end up in the suggest the absence of a quorum. the middle class and working families hospital sicker than they should have The PRESIDING OFFICER. The and lower income people, but if one be- been. So $600 million for community clerk will call the roll. lieved that, one would be sorely mis- health centers was cut. The Children’s The assistant editor of the Daily Di- taken. Health Insurance Program was cut by gest proceeded to call the roll. Just last December, 4 months ago, $3.5 billion. The PRESIDING OFFICER (Mr. Congress passed legislation to provide At a time when poverty is increasing, FRANKEN). The Senator from Vermont. huge tax breaks for millionaires and the WIC Program—women, infants, and Mr. SANDERS. Mr. President, I ask billionaires by extending the Bush tax children—a nutrition program for preg- unanimous consent that the order for cuts to the top 2 percent and by even nant women and children, will be cut the quorum call be rescinded. more by lowering the estate tax for the by $500 million. The PRESIDING OFFICER. Without top three-tenths of 1 percent. So at a At a time when we have such high objection, it is so ordered. time when the people on top are al- unemployment rates and we want to f ready doing phenomenally well, what put Americans to work rebuilding our Congress did against my vote in De- crumbling infrastructure, including BUDGET PRIORITIES cember was make the wealthiest people our rail system, which is now far be- Mr. SANDERS. Mr. President, we are even wealthier. hind Europe, Japan, and even China, at an extraordinary crossroads in Four months ago, after giving huge Federal funding for high-speed rail will American history, both from a moral tax breaks to millionaires and billion- be eliminated in the budget we are perspective as well as an economic per- aires and growing the deficit, our Re- going to be voting on very soon, rep- spective. publican friends and some Democrats resenting a cut of $2.9 billion. Public

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.021 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2376 CONGRESSIONAL RECORD — SENATE April 12, 2011 transportation would be cut by nearly cation, the environment, infrastruc- speaking, the Senator—well, we had a $1 billion—a 20-percent reduction. ture, and other programs that tens of Member who was going to go speak I know in Vermont, and I expect all millions of Americans depend upon. after you did. Could the Senator limit over this country, local communities Here is the kicker. We savage Medi- his speech to 15 minutes or—— are struggling with their budgets. Po- care, Medicaid, education, and many Mr. INHOFE. No, sir, I could not. I lice departments are not getting the other programs that moderate and have to have 30 minutes. The floor has budgets and the manpower they need. middle-class families depend upon in been pretty empty today. Yet, in this budget we will be voting order to give even more tax breaks to Mr. SCHUMER. OK. Mr. President, I on, local law enforcement funding the wealthiest people in this country ask unanimous consent that imme- would be cut by $296 million. and the largest corporations. After sav- diately after I finish, Senator INHOFE At a time when homelessness is in- aging health care in America for mid- be recognized for up to 30 minutes, and creasing, when we need more low-in- dle and low-income families, the Ryan then Senator FRANKEN be recognized come housing, public housing would be budget would reduce the tax rates for immediately after Senator INHOFE. cut by $605 million. the wealthiest people in this country That is the 2011 budget agreement from 35 to 25 percent, and it would cut The PRESIDING OFFICER. Without that was just reached a few days ago. corporate income taxes to the same objection, it is so ordered. What is absolutely incredible about level, from 35 to 25 percent. Mr. SCHUMER. So Mr. President, re- that budget is that deficit reduction I suspect there are people listening to suming my remarks, PAUL RYAN, the falls totally on the backs of low-and me who don’t believe that: Come on, author of that blueprint, called it the moderate-income families, on people you are not serious; at a time when the path to prosperity. It may be a path to who will not be able to get health care middle class is collapsing and the rich austerity, but it is hardly a path to at community health centers, young are getting richer, you are not telling prosperity. people who will not be able to go to me that the House is about to vote on Nonetheless, with the negotiations college, and senior citizens who will a budget that will give huge tax breaks finished just days ago on last year’s not be able to heat their homes in the to millionaires and billionaires and budget, Congressman RYAN has suc- wintertime. That is where this budget throw millions more off of health ceeded in jump-starting the debate is balanced—on the backs of the weak, care—you are not serious. Check it out. about next year’s. The President him- the vulnerable, the children, the elder- I am serious. This is what the Ryan tea self will join this conversation about ly, and the poor. Yet, at the same time party budget, which will likely pass how to do long-term deficit reduction as the wealthiest people are becoming the House, will do. in a major address tomorrow at GWU— wealthier, this budget does not ask for As I began saying, we are at a pivotal George Washington University. This is one penny—not one penny—from mil- moment in the modern history of this a debate we must have, and the Presi- lionaires and billionaires. country. That question is whether we dent’s entrance into it comes not a mo- At a time when major corporation move, in a sense, into an oligarchic ment too soon. It will make for a pow- after major corporation enjoys huge form of society, where a few people on erful contrast with the Republicans’ tax loopholes—so not only do they top have incredible amounts of wealth plan. avoid paying any Federal income taxes, and incredible amounts of political The contrast we will hear from our but in many cases, such as General power, while the middle class dis- President tomorrow will likely not be Electric, they actually get a rebate appears and poverty increases. That is in the commitment to deficit reduc- from the IRS—this budget does not ask where we are right now. tion. PAUL RYAN’s goal in his budget is corporate America to pay one penny I hope very much the American peo- to trim the deficit by $1.6 trillion over more in corporate income taxes. ple engage in this debate and tell Mem- the next 10 years. He does not succeed That is where we are with the 2011 bers of the Senate and the House that in meeting this target, according to budget, and now we are looking in a it is morally wrong and very poor eco- CBO. In fact, budget experts say his short period of time at the 2012 budget. nomics to cut back on programs that proposal only achieves $155 billion in If my colleagues think this 2011 budget are desperately needed by working net deficit reduction. But the number is a moral and economic disgrace, wait families, while giving huge tax breaks itself is not the issue. Without a doubt, until we hear what this 2012 budget, the to people who absolutely don’t need we must be ambitious in setting a tar- so-called Paul Ryan tea party budget, them. get for deficit reduction. We cannot be which, as I understand it, will be voted With that, I yield the floor and sug- gun-shy about achieving fiscal dis- upon in the House, likely passing later gest the absence of a quorum. cipline. So, no, the contrast will not be this week—that budget will slash tril- The PRESIDING OFFICER. The in how much we seek to reduce the def- lions of dollars from Medicare, con- clerk will call the roll. icit, it will be in how we go about doing verting Medicare into a voucher pro- The assistant bill clerk proceeded to so. gram, meaning that seniors will have call the roll. The Republicans would like the to pay substantially more for their Mr. SCHUMER. Mr. President, I ask looming debate to be one about num- health care than they currently do. unanimous consent that the order for bers, but, instead, it will be about pri- The interesting question that has not the quorum call be rescinded. orities. The Ryan budget has all the yet been answered about this is, if you The PRESIDING OFFICER. Without wrong priorities. will be—when this Ryan budget would objection, it is so ordered. go into effect—a senior citizen living Mr. SCHUMER. Mr. President, I rise The House Republican budget puts on $14,000 or $15,000 a year, which mil- to discuss the issue of our budget. the entire burden of reducing the def- lions of seniors currently live on, how Later this week, the House will vote on icit on senior citizens, students, and are you going to be able to come up its fiscal year 2012 budget resolution. middle-class families. At the same with thousands and thousands of dol- Congressman PAUL RYAN, the author of time, it protects corporate subsidies lars to pay for your cancer treatment that blueprint, calls it a path to pros- for oil companies, let’s waste at the or the other problems senior citizens perity. Pentagon go untouched, and would give have? There is no money available for Mr. INHOFE. Would the Senator even more tax breaks to the million- you to do it. yield for a question? aires amongst us. In short, the Ryan What Ryan’s budget does is demand Mr. SCHUMER. I will be glad to yield budget puts the middle class last in- that low-income seniors pay with to the Senator. stead of first. As a result, it will never money they don’t have. I am not sure I Mr. INHOFE. I was scheduled to be pass the Senate. have heard the answer to the question: speak at 4 o’clock. At the conclusion of In the days since he first rolled out If you are a low-income citizen and you the Senator’s remarks, would the Sen- his budget proposal, Congressman are asked to come up with thousands of ator request that I be recognized as in RYAN has been hailed for taking on the dollars, and you don’t have that morning business for up to 30 minutes? tough challenges, and we certainly sa- money, what do you do? The Ryan Mr. SCHUMER. Mr. President, I lute him for putting out a plan. But a budget would savage Medicaid, edu- move that immediately after I finish closer look at his proposal shows that

VerDate Mar 15 2010 02:49 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.025 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2377 it is not bold at all. In leaving Pen- ing on Medicare without concern about the rise and then would make seniors pay a tagon spending and revenues com- potential of this change to shift costs to greater share of that higher cost. It is pletely untouched, Ryan’s budget hews Medicare beneficiaries. a cut in benefits plans, plain and sim- exactly to his party’s orthodoxy. A better way to rein in Medicare ple. If we are serious about reining in Some of the columns I read say it spending would be to trim the waste Medicare spending, there is a far better takes courage. Well, maybe it takes and inefficiency out of the delivery starting place than the Ryan budget. It courage for someone who has a dif- system. Anyone who has gone through is the health care law passed by Con- ferent political philosophy to say what the health care system knows all the gress last year. Republicans are pat- he said but not for a conservative Re- waste and inefficiencies—the legendary ting themselves on the back lately for publican to say what he said. It does stories of a doctor waving as you go leading on entitlement reform. When it not gore a single Republican ox. It is a into the emergency room and you comes to reining in the runaway costs rigid ideological document. never see him again, and then there is of Medicare, the truth is the President Consider what Congressman RYAN a $4,000 charge, these kinds of things. did it first, and he did it better. wants to do on Medicare. In the name But it turns out that RYAN’s plan does In the health care law, we certainly of ideology, PAUL RYAN’s budget pro- nothing to reduce overall health care did not complete the job, but we made poses getting rid of Medicare as it ex- costs. It increases them. We have to a good start on reducing waste and in- ists today and replacing it with a pri- preserve the benefits to people but efficiency and duplication in the sys- vate system that would cut benefits. make the cost of delivering them less tem. We started down the path of mak- We have seen this movie before. Five expensive. That is what every other ing delivery system reforms. We set up years ago, President Bush tried to sell country in the world does. That is what a system for studying the effectiveness the country on a plan to privatize So- we have to do. of different methods and treatments so cial Security. The public rejected it. If The Ryan plan does not do that. The that care could be delivered more effi- they didn’t like what President Bush Ryan plan not only does not try to ciently. We made a downpayment on tried to do to Social Security, just wait eliminate the waste and inefficiency shifting the larger health care system until they see what PAUL RYAN and the out of the delivery system, it does away from a fee-for-service model to- House Republicans want to do to Medi- nothing to reduce overall health care ward a system that pays providers for care. Their budget plan proposes put- costs. It actually increases them. episodes of care. ting the Medicare system into the According to the nonpartisan Con- The Ryan proposal adopts none of hands of private insurance companies. gressional Budget Office, in 2030 tradi- these cost-saving approaches. In fact, That is a recipe for disaster. It would tional Medicare insurance would cost his budget calls for the repeal of the mean an end to Medicare as we know just 60 percent of a private policy pur- health care law altogether. Left unsaid it. chased with RYAN’s voucher. In other is that this would have the side effect Beginning in 2022, Americans turning words, the Ryan health care plan would of reopening the doughnut hole, an- 65 would no longer be enrolled in Medi- cost two-thirds more than traditional other hit to Medicare beneficiaries. care but, instead, would receive a Medicare. Not only would the Ryan If the Ryan budget’s only goal was to voucher to go shopping for their own plan increase insurance costs, it would end Medicare, that would be ample health insurance on the open market. force seniors to shoulder a higher share cause to work tooth and nail to defeat Insurance companies, however, would of these costs. it, but the Ryan budget doesn’t even not be required to honor that voucher, CBO said—this is CBO not CHUCK put most of its savings from ending which would average about $8,000. SCHUMER, the nonpartisan CBO: Medicare toward deficit reduction. Many private insurance plans for sen- Amazingly, it cuts Medicare, ends iors far exceed that price already Under the proposal, most elderly people who would be entitled to premium support Medicare as we know it, and takes today. Under the Ryan plan, seniors payments would pay more for their health whatever savings it produces and gives who cannot find an affordable plan at care than they would pay under the current more tax breaks to the wealthiest the value of their voucher will simply Medicare system. Americans. That is right. RYAN’s budg- have to make up the difference them- How much more? It is staggering et not only seeks to permanently ex- selves out of their own pockets. when you look at the numbers. Here This problem would only worsen over tend President Bush’s tax cuts for mil- they are, the seniors’ share of health time as health care costs rise. Ryan lionaires, he wants to cut their taxes care costs. We know even with Medi- caps Medicare spending at the level of even lower than the Bush levels. care seniors have to pay some of it In fact, under the Ryan proposal mil- inflation, even though health care themselves, but now they pay 25 per- lionaires would pay a rate so low that costs rise higher than that historically. As Ryan’s voucher covers a smaller and cent; under the Ryan budget, 68 per- it was last seen in the days of Herbert smaller fraction of actual health care cent. So there is this voucher, and it Hoover. What about shared sacrifice? costs, seniors would have to cover the goes to the insurance companies, As unbelievable as it sounds, Congress- gap out of pocket. health care costs more, and seniors pay man RYAN wants to give millionaires That is why Alice Rivlin, a Democrat more. Why the heck would we do that? and billionaires an extra tax break. and President Clinton’s former OMB This is a crippling burden that would Ryan’s budget proposal would bring Director who worked with Congress- drive the average Medicare recipient down the top rate from 35 percent to 25 man RYAN on his approach for a time, into poverty. It is not only too much to percent for those who are very has distanced herself from this final ask for our seniors, it destroys the wealthy. This would make for the low- product. She told the Washington Post foundation of our health care system. est level of taxing the wealthiest she opposes the Ryan plan: Madam President, just to check on among us since 1931 when the Great De- In the Ryan version he has lowered the the time, I believe I said after I fin- pression was raging and Herbert Hoo- rate of growth and I don’t think that’s defen- ished I asked unanimous consent that ver was President. This is the trade sible. It pushed too much of the costs onto Senator INHOFE would follow me. Congressman RYAN proposes we make: the beneficiaries. The ACTING PRESIDENT pro tem- Cut Medicare benefits for seniors so we Let me repeat that last part of the pore. The Senator has used 10 minutes. can afford to give millionaires an extra statement of Alice Rivlin, Congress- Did the Senator wish for more than 10 tax break. man RYAN’s partner for a time in this minutes? This is exactly the opposite of what proposal. She writes: Mr. SCHUMER. I did, and that was the public wants. They don’t think the It pushed too much of the cost onto the the intention of my unanimous consent millionaires and billionaires should beneficiaries. request. even be getting George Bush’s tax cut, Other Medicare experts agree with The ACTING PRESIDENT pro tem- let alone an extra one on top of that. I Rivlin. Stephen Zuckerman, a health pore. Without objection, it is so or- have nothing against millionaires and care economist at the nonpartisan dered. billionaires, God bless them. Many of Urban Institute, said: Mr. SCHUMER. The bottom line is them made their money the good old- The most serious flaw is that the focus of the House Republican budget would fashioned way, but they don’t need a that approach is on limiting Federal spend- cause the cost of health insurance to tax break when we are cutting health

VerDate Mar 15 2010 23:58 Apr 12, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.029 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2378 CONGRESSIONAL RECORD — SENATE April 12, 2011 care and everything else. Most Ameri- to broaden the playing field beyond do- This little girl is named Zegita Marie cans agree with me. mestic discretionary spending. We Rapert. Zegita is an Ethiopian name. It In last month’s NBC Wall Street should include, for instance, waste in means God’s grace. This little girl we Journal poll that asked Americans the Defense Department. The Pentagon found. She is only 2 days old. I hap- what proposals they most support to makes up half of the discretionary side pened to be in Ethiopia. She was an or- reduce the deficit, 81 percent of Ameri- of the budget, but Republicans con- phan. And my daughter Molly—in fact, cans, including a majority of Repub- tinue to treat it as off limits. RYAN I should hold this up. These are my 20 licans, as I recall, said they would sup- himself leaves it virtually untouched kids and grandkids. My daughter Molly port a tax on millionaires, the highest save for a symbolic trim. To say there had nothing but boys. So she adopted polling answer. One of the lowest poll- isn’t waste at the Pentagon like there Zegita Marie. She came up to me the ing answers was—you guessed it—cut- is waste everywhere else in the budget other day, that little girl—she was 2 ting Medicare benefits. So the Ryan is absurd. days old when we first saw her. She is budget has its priorities completely up- The bottom line is, any budget that now 10 years old. She reads at a college side-down. leaves defense and revenues off the level. She is a brilliant little girl. She You may ask, if Congressman RYAN table is ultimately not serious. We came up to me the other day and puts all his savings from Medicare into need an all-of-the-above approach that Pappi—let me explain that. I is for millionaire tax breaks, how does he puts all parts of the budget on the Inhofe. That is me. So it is Momma and propose to achieve any deficit reduc- table. A dollar cut from mandatory Pappi. She said: Pappi, why do you tion? The answer is, by targeting the spending or the Pentagon is just as things nobody else would do. I said: programs most important to the mid- good as a dollar cut from nondefense That is why I do it. Zegita Marie got her answer, and dle class. discretionary spending. that is the reason I am talking today. It turns out that the Republican plan Deficit reduction is an important I happen to be familiar with Africa. I to end Medicare is also a plan to end goal, but the sacrifice must be shared. have been for quite some time. I am on other important programs. For exam- The Ryan budget fails that test. The the Senate Armed Services Committee. ple, the Republican plan to end Medi- Democratic Senate will not stand for care is, additionally, also a plan to cut I think they consider me the point man any proposals that seek to balance the for Africa. We started working with Af- tens of thousands of teachers. The Re- budget on the backs of the middle class publican plan to end Medicare is, addi- rica back at 9/11. At 9/11 we made a de- and seniors. I look forward to hearing cision that while the squeeze in ter- tionally, also a plan to cut Head Start the President’s remarks tomorrow. As rorism in the Middle East is going for kids. The Republican plan to end for Congressman RYAN, I encourage down through Djibouti and the Horn of Medicare is, additionally, also a plan him to go back to the drawing board Africa, we need to help the Africans to cut medical research on diseases and come up with a fairer, more bal- build African brigades, supply them, such as cancer. The Republican plan to anced plan. help send their officers to the United end Medicare is, additionally, also a I yield the floor. States to train. It was a good program. plan to cut clean energy projects that The ACTING PRESIDENT pro tem- I sometimes kind of joked around by create jobs and help us become energy pore. The Senator from Oklahoma. saying, since I was the only member of independent. Mr. INHOFE. Madam President, let the Senate Armed Services Committee In all, the Ryan plan assumes a me thank my good friend from New who knew where Africa was, I took it steady squeezing of government until, York for allowing me to have this on. by 2050, the total cost of everything, time. I do appreciate his generosity. I Anyway, I do have a background in save for Social Security and health have to say, I don’t agree with what he Africa. For that reason, I am going to care, is shrunk from 12 percent of the said, but that comes as no surprise to speak for the fifth time on the crisis. GDP to just 3 percent. But he doesn’t my friend from New York. I will only Cote d’Ivoire is a West African coun- spell out a single detail of how to make one comment. One statement I try. We have been reading about it. It achieve those cuts. He has a number heard him say toward the end of his re- is sub-Sahara Africa. Nobody cares but no specifics. That is the definition marks was that every other country in about sub-Sahara Africa. They do care of a meat ax approach as opposed to an the world would do it this way. That is about Libya but not sub-Sahara Africa. approach that uses a smart, sharp scal- the whole crux of it right there. I often Anyway, the news is reporting that pel. wonder if you look at the other coun- President Gbagbo and his wife Simone Even though the Ryan plan doesn’t tries, they are all trying to get to our were captured yesterday by the French spell out where the cuts would come system. They all envy America for its military forces acting with the rebel from to meet his goal, it isn’t a total system of freedom, of health delivery. forces of Alassane Ouattara. There is a mystery. We can fill in the blanks. The We wonder sometimes if government- videotape of both the President and just completed debate on the 2011 fiscal run health care is bad—and that is First Lady in custody. According to budget offers plenty of hints on the Re- what this is; that is what the Obama the BBC and Reuters, after the U.N. publican approach to cutting spending. administration is trying to do—if it is and the French helicopters repeatedly In the debate we just had, Republicans better, then why doesn’t it work any- attacked the Presidential palace, wanted to cut the very programs that where? I have often looked at this. It French special forces stormed the create good-paying jobs and help the doesn’t work in Canada, Denmark, the building with up to 20 French tanks middle class. They targeted everything UK. It doesn’t work in any of the other and armored vehicles. They took them from cancer research to financial aid places. Yet they always say: It will both from the Presidential palace to to college. We fended off many of their work here. A lot of my liberal friends the Golf Hotel, killing untold hundreds worst cuts by successfully pushing Re- say: If I were running it, it would work. or thousands of people. publicans to include $17 billion in cuts We have a great system. This right here is a picture that was from the mandatory side. We also got I guess a little class warfare is taken. This is a helicopter, a United them to agree to reduce Pentagon healthy now and then, and we had a lit- Nations helicopter. It was encouraged spending by nearly $3 billion compared tle bit of that in the last few minutes. to be used by the French. The French to their original budget. This was not f said: We authorize you. We are going to the Republican’s preferred way to re- send our troops in there with you. We duce the deficit. Because of ideology, SUB-SAHARAN AFRICA are going to do whatever they are they disproportionately targeted the Mr. INHOFE. Madam President, I am doing. This is the capital of Cote domestic discretionary part of the going to be very offensive right now to d’Ivoire, where they are hitting tar- budget for cutting. a lot of people, certainly to the gets. That is an area where they have a But our deficit problems weren’t Ouattara group, the rebels taking over lot of their ordinance. I have been caused by Head Start and cancer re- in Cote d’Ivoire. I am going to be offen- there. I have seen it. They are all scat- search, and we won’t fix them by going sive to the United Nations. I am going tered. You have little huts with galva- after Head Start and cancer research. to be offensive to the French and to nized roofs over them with count- In the budget debates to come, we need our own State Department. less, hundreds and hundreds of people.

VerDate Mar 15 2010 00:06 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.030 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2379 They are all dead. They have to be. I would prefer a peaceful intervention by I called for a cease-fire in Abidjan. They can’t live. There it is. That is a an African Union committee that would in- No one responded. This was 8 days ago. picture of it. To give you an idea of vestigate into the matter, give the parties a I wonder sometimes why is it nobody what is happening, there it is. They fair hearing and come out with a workable cares about sub-Sahara Africa. I re- recommendation that can promote peace and member back in 1998, when, under were peppering the entire town. stability in the region. The recommendation I don’t know why. Here I am a Mem- would include the possibility of a peaceful President Clinton, they were going to ber of the Senate, and I can’t get even and conciliatory settlement toward a power- send troops into Kosovo and the excuse our State Department to look into how sharing deal as was done in the case of they were using at that time was eth- many people they murdered that night. Kenya and Zimbabwe. nic cleansing. I said on this Senate That was Monday night. A week ago We all know about that. floor, why is it we are all concerned tonight is when that happened. We At this point, I believe he would be happy about ethnic cleansing in Kosovo. For don’t know. But they were murdered. I to have a team of capable African leaders every one person in Kosovo who has am thankful that both the President chosen under the auspices of the African been ethnically cleansed on a given and the First Lady are still alive, but Union to work on a peaceful end to the con- day, 100 in any one country in sub-Sa- they have been brutally mutilated. I flict in the Ivory Coast. I believe that the Af- hara Africa have. But nobody cares condemn, however, the use of so-called rican Union must be given the opportunity about sub-Sahara Africa. Why is there to handle the matter in-house. I am of course no outcry for these millions of people peacekeeping forces, made up of United not pleased with the way the U.N. and Inter- Nations and French forces, in the at- national Community has directly thrown who are being brutally murdered in tacks on Abidjan and the Presidential their weight in support of Alassane Ouattara other places in the world? palace. These forces have caused count- and now recognizing him as president. I have to say this—and I know I am less deaths in the densely populated This is the from the President of repeating what I said in 1998 on the city of Abidjan, a city of 4 million peo- Uganda. I have talked personally to floor—and I know it is very unpopular, ple. I hope every President of sub-Sa- many other presidents. I could be but I will quote a guy whose name is hara Africa is watching right now. quoting all of them right now, but es- Roger Wilkens, professor of history and What happened there could happen to sentially that is a statement to which American culture at George Mason any country in sub-Sahara Africa. they all agree. University. He said: Africa has 52 countries. I think 41 of I have been informed that this re- I think it is pretty clear U.S. foreign pol- those are sub-Sahara Africa. The mul- flects the current sentiment of the Af- icy is geared to the European American sen- tiple firings of United Nations and rican Union too, actually including the sibility which takes the lives of white people French missiles into downtown Abidjan much more seriously than the lives of people current AU Chairman Obiang, who con- who are not white. are like firing missiles into downtown demned the foreign military interven- What is he saying there? I think I New York City. You don’t know how tion in Cote d’Ivoire saying that ‘‘Afri- know what he is saying. many people are dead and won’t know ca does not need external influence. Af- But no one mobilized on behalf of perhaps for a long time. Who knows how many rica must manage its own affairs.’’ hundreds if not thousands of innocent 500 people who were shot, hacked and burned That is what the Africans said. That to death in a village in eastern Congo, in people were killed as a result of the is President Obiang. President Obiang central Africa, around the same time. No U.N. and the French bombing a week is the President of the African Union. outrage was expressed on behalf of many ago tonight. This is not peacekeeping. The Kenyan Prime Minister Odinga, other innocents who had the misfortune to This is war making. This is not the who happens to be here, and I will be be slain. . . . role of the United Nations. I question meeting with him in a few minutes, I read this because I knew this was why the French are participating in was quoted yesterday as saying Presi- going to happen. It was only 5 days ago this battle. dent Gbagbo: when I warned this was going to hap- The African Union has also con- has been captured and I say that he should pen. So anyway, on April 5, I said demned this foreign military interven- not be hurt. I have actually already sent Ouattara has tried to deny his involve- tion. Why don’t we listen to Africa. Af- word to Mr. Ouattara saying that Gbagbo ment in the slaughter of up to 1,000 in- rica for many years was used. They should not be hurt. If he wants to go out into nocent people. This was on April 5, a were abused. They were abused by colo- exile he should be allowed to go into exile little over 1 week ago. There it is, but he needs to be treated humanely. nialism. Certainly no one was worse or folks, as shown in this picture. That more offensive than the French. But That is all I am asking our State De- town is called Duekoue. It is in Cote they don’t listen to Africa. partment and the United Nations to do. d’Ivoire. It is a small community: the I called up a good friend, President And they won’t do it. western town of Duekoue. His forces I have warned the U.N. and the Museveni of Uganda, and asked him took the town earlier last week after French on the floor four times in the what he thought. He had the courage to the Gbagbo forces had gone. They were past week that they would have blood put something down in writing which I already gone—they had to be—the on their hands if they continued sup- will read. This is from President Gbagbo forces. We know now these peo- porting the rebel forces of Alassane Museveni, an east African country, not ple were shot, macheted, and burned to Ouattara and continued the bombing of West Africa like Cote d’Ivoire. death by the Ouattara forces. He said: the capital of Cote d’Ivoire, Abidjan You may remember me quoting on I have not been happy with the way the and did not agree to an immediate the floor just a few days ago a BBC re- United Nations and International Commu- cease-fire. port back last week that quoted a BBC That is what has happened over the nity, especially the French, have responded reporter, Andrew Harding, who said of to the events of the post election Ivory last the week, 10 days. I said on April the Duekoue massacre—this is it now, Coast. I desired that it would have been ideal 4—I am quoting myself now. On the folks, just a little over 1 week ago—he for a thorough Investigation into the alleged floor, standing right here at this po- said: election rigging and it be done by a credible dium I said: and independent body under the African I spot four pigs eating something dark in a Union leadership and guidance instead of I think we can avert a real tragedy, some- charred courtyard. Standing by a newly dug violently forcing the Laurent Gbagbo out of thing maybe comparable to what happened mass grave, a UN soldier from Morocco is power without a hearing. I am not pleased in 1994 in Rwanda with that genocide. choking with rage and grief. I ask him if any with the way the international community We all remember that. We also re- of the dead [that the hogs are eating] are can sanction a situation of blood bath in the member that we were warned—we children. He nods and begins to sob, quietly, domestic affairs of African Countries. weren’t warned but the United Nations into his facemask. I am halfway through reading what was, the Secretary General, we now I pointed out that the Guardian, a he said here. Why aren’t we listening know, was warned that the genocide British newspaper, quoted the U.N. to Africans. He is not the only one. I was going to take place in 1994 in mission which said that ‘‘traditional think every African President would Rwanda, where 800,000 people were hunters, known as Dozos, fought along- agree with what I am reading right hacked to death with machetes. The side Ouattara’s forces and took part in now. world stood idly by. That is sub-Sahara killing 330 people in the western town He went on to say: Africa. Nobody cared. of Duekoue, and that Guillaume Ngefa,

VerDate Mar 15 2010 00:06 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.031 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2380 CONGRESSIONAL RECORD — SENATE April 12, 2011 deputy head of the human rights divi- thousands of votes—thousands of I am anxious to get into this so all sion of the UN mission in Ivory Coast, votes—in the northern five districts. the world can see it. Maybe we can stop blamed at least 220 of the deaths on When they did the runoff, he got zero— this from happening again. I do not pro-Ouattara forces.’’ zero—votes. That is a statistical im- know. I repeat, this massacre was not possibility. I also suggest that the United States caused by Gbagbo forces but by What did our State Department do? step in to help and examine the possi- Ouattara forces that had taken the Nothing. I did not receive—I finally re- bility of seeking a place of exile for the town. The Gbagbo forces had left 1 ceived a response to my two letters Gbagbos outside of Cote d’Ivoire. The week earlier. There they are. Look at saying they think this is all fraudu- United States has performed such a them: mutilated bodies, chewed up, lent. They have not changed their role before when, in 1986, under the burned. That was in Duekoue, a very minds. This is Sub-Saharan Africa. Do Reagan administration, Haiti’s ‘‘Baby small community in the western part they truly care? I can only conclude Doc’’ Duvalier was sent into exile in of Cote d’Ivoire. that our State Department is engaging France. So it has happened before. I repeat, this massacre was not in a whitewash of any credible inves- There is nothing wrong. The American caused by Gbagbo forces. I think we all tigation into my allegations. Government did this before. I am ask- know that. I, again, called—this was So I call again on the U.N., French, ing them to do it again: take these peo- last week—for a cease-fire, and no one and Ouattara forces to halt all the vio- ple, who are being maybe murdered at responded. That was just 1 week ago. lence, including that being done this moment—we don’t know; we know On April 7 and 8, I pointed out that against President Gbagbo and the First they are being tortured—and allow the United Nations and the French Lady. They will be held responsible if them to go into exile. were bombing downtown Abidjan, near any more harm comes to them. I call This could be an important step to- the Presidential palace, where hun- for an independent investigation—this ward beginning a process of reconcili- dreds of young supporters of President is what the Africans want—into all the ation that the people of Cote d’Ivoire Gbagbo had circled the Presidential atrocities committed by all military so dearly deserve. This is not about the palace making a human shield from the forces involved in the fighting in Cote Gbagbos. It is about the modern day re- bombing. This is what they did—all d’Ivoire. I call on the U.N., French, and turn to French colonial imperialism, these kids. All they had were baseball Ouattara forces to halt immediately and this time, with the help of the bats and 2 by 4s in a circle surrounding the death squads roving around the United Nations, they were doing this. the palace to protect their President, streets of Abidjan ‘‘disappearing’’ sup- Here is what my concern is: Cote President Gbagbo, and his family of porters of President Gbagbo. d’Ivoire has had a hard enough time about 17 who were there and his wife I had a call from one friend down trying to break free from the yoke of there whom I certainly would not iden- Simone. French colonialism. From the days of You saw, 1 minute ago, in this one tify. They would murder him over- President Houphouet-Boigny in 1960 picture right here, that—do you think night. He was talking about how he through Bedie in 2000—then Gbagbo could not go out. He could see bodies, there is anything left of those kids who was elected in the year 2000—up to that corpses in the street. This was 2 days were surrounding the palace? No. They time, the French had actually owned ago. They could not go out there be- were all mowed down. all the Presidents. They were all right cause they had snipers and they would That was on the 7th and the 8th. Who there with France. knows how many of them were killed. mow them down. All you have to do is go through the They are led by soldiers of Ouattara’s I cannot imagine any of them lived streets of Abidjan—what streets might rebel army, supported by the French through it. be left now; I doubt there are many— and the United Nations, and have al- I also pointed out, on April 8, there ready killed more than 400 people, in and you will see that is happening. It is were roving death squads—there they addition to, perhaps, the thousands not just the Gbagbos. Any President on are right there, folks; they are killed in the bombing we have already the African Continent in Sub-Saharan Ouattara people—roving deaths squads looked at. Africa should know this could just as who are disappearing—this is the word Right now, I have several friends who well happen to them and their Min- they use: ‘‘disappearing’’—supporters give me these reports. They are saying: isters and their friends. That is what is of President Gbagbo. That means they Isn’t there anything you can do now— happening right now. are killing them. just, if they go in now, after they have I am going to show you something I called again for an immediate killed all these people? I call upon, that I hesitated doing, but this is the cease-fire, and no one responded, not again, the United Nations, the happy face of President Gbagbo, as our State Department, not the United French—which I know are not going to shown in this picture. This is the face Nations, certainly not the French. do it—and certainly the Ouattara I know. This is the President who has I also pointed out that I believe mas- rebels and our State Department to go been President since 2000. He has gone sive vote fraud occurred in the Novem- in and stop it. We could do it in no through a lot of these same problems, ber 28, 2010, Cote d’Ivoire Presidential time at all. but he stood up against the French and election between President Gbagbo and There is all this concern about Libya against the Ouattara in the north. Now the rebel leader, Alassane Ouattara, and all these things going on. This is he has been captured, and I will show from up north. That is the Muslim part just as bad, but nobody cares. Keep in you what he looks like today. This is 3 of Cote d’Ivoire. mind, this is Sub-Saharan Africa. days ago. I submitted evidence in two letters to So the streets are filled with the This is today. His face is beat in from the State Department that showed stench of rotting bodies. the side. He is there. He is being held that massive voter fraud allowed I renew my call for hearings before on this side by someone while they are Ouattara to steal the election. In one the Senate Foreign Relations Com- mashing his face. instance, it showed that in the first mittee into the bombings and killings Then there is Simone, his wife. I hap- round—here we would call this a pri- by the U.N., the French and the pen to know her very well. I will now mary and then a primary runoff. In the Ouattara rebels and the strong evi- show you a picture of her. first round, in one of the five districts dence of massive voter fraud in the No- In my State of Oklahoma, we had—he in the north, they miscounted, they vember Presidential election. is not there anymore—a great Con- tabulated them, and just added 95,000 I appreciate chairman ’s gressman named J.C. Watts. He is an additional votes. I documented all this. willingness to hold such hearings, and I African American. I just talked to him If we had 95,000 additional votes in each look forward to setting a date—the today. He was at a hearing I testified one of the five northern districts, then sooner the better. in today. J.C. Watts is an African clearly President Gbagbo won reelec- I have talked to the chairman of the American who served in the House. tion. subcommittee—that is Chairman When Simone came over one time— In another case, if you look at what COONS and Ranking Member ISAKSON— this is Simone Gbagbos—she said: they had in what we call primaries, in and they have agreed to have these Would you try to let me get introduced the first round President Gbagbo got hearings. to J.C. Watts, Congressman Watts. I

VerDate Mar 15 2010 00:06 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.033 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2381 said: Yes, I would be glad to do it. I did as we speak. Stop it. We can do it. We them voted for the $700 billion bailout not know why. I went over and took have the power to do it. Our State De- back in October of 2008. Of course, none her to the House of Representatives. partment can ask the United Nations of the Republicans voted for the $800 We are in the Senate. That was in the to make it happen in spite of what the billion stimulus package. Right now, House. He was in a hearing. He came French might want. we are quibbling over, well, can we out, and I said: I want to introduce you No. 2, send them into exile. Give really cut $60 billion from the budget. to someone who is the First Lady of them the dignity of living someplace Yet they passed an $800 billion stim- Cote d’Ivoire. She then put her arms else in Sub-Saharan Africa so these ulus package—spending. It had never around him and started crying. He did people, so the people of Africa will been done before in the history of this not know why she was crying. She said know—can you imagine what the peo- country. It has to stop now. to him: Will you forgive us? J.C. Watts ple of Cote d’Ivoire will be thinking I watched what PAUL RYAN is doing said: Forgive you for what? She said: and doing in the near future if they over there. That is heavy lifting, that Because we are the ones who sold your allow this to go unanswered? That is is tough, and he is talking about some- brothers into slavery. my appeal to the U.S. State Depart- thing that is very real. In the United States of America, peo- ment, to the United Nations, and to the I see my good friend from Utah has ple walk around guilty—and they French. come in. should be—about the slavery we had. With that, I yield the floor. Madam President, I yield the floor. But in Africa, and particularly Sub-Sa- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- haran Africa and west Africa, where pore. The majority leader. pore. The Senator from Utah. most of the slave trade came from, f Mr. HATCH. Madam President, I such as Cote d’Ivoire, they realize they EXTENSION OF MORNING thank my colleague. are the ones who sold their brothers BUSINESS Sometimes it amazes me how quickly debates change here in Washington. At into slavery. Here is Simone begging Mr. REID. Madam President, I ask J.C. Watts to forgive her for selling this time in 2009, President Obama was unanimous consent that the period of riding high. Heralded as the second them into slavery. morning business for debate only be ex- She was an elected member of Par- coming of Franklin Roosevelt, the con- tended until 6 p.m., with Senators per- liament from her district. She was ventional wisdom was that his election mitted to speak for up to 10 minutes leading the way for developing a center represented a sea change in the atti- each, and that at 6 p.m. I be recog- to care for orphans in her district. At tudes of American taxpayers. Where nized. his Democratic predecessor came to the national level, Simone Gbagbo, the The ACTING PRESIDENT pro tem- Congress and announced that the era of First Lady, worked to have a nation- pore. Without objection, it is so or- big government was over, President wide program for women to get their dered. products to market. No name for that Obama came to Washington convinced f program is yet found, but that is what that the era of big government was just the program is. On a continental level, GOVERNMENT SPENDING beginning. she was the head of the Organization of Mr. INHOFE. Madam President, With historic majorities in both African First Ladies against HIV/AIDS, there is no one else in the Chamber Houses of Congress, he and his Capitol a forum created to establish a role for now. They said they had other speakers Hill allies set about the business of African First Ladies in dealing with lined up, and when they come in, I will transforming the Nation’s economy the HIV needs of women and children. be glad to yield the floor to them. In with massive jolts of new government That is who Simone is. Isn’t she pret- the meantime, let me make a couple of spending and regulation. They cul- ty? That was 1 week ago. comments about the discussion today tivated an unholy alliance of big labor, Let’s see what she looks like today. that everyone is addressing, Democrats big business, and big government, and You cannot see it now. They have held and Republicans. the hoped-for result was a corporatist her and pulled her hair out by the I have been here for a number of state where government bureaucrats roots. They went out into the streets years. I have seen different administra- would calculate the fair share that and said: This is the hair of Simone tions come through. I think this is the business would contribute to finance Gbagbos. I don’t know what else they first time the American people have fi- the administration’s redistributionist did to her. Use your own imagination— nally awoken to the fact that we have policies. They exploded the growth of brutally murdered. finally gotten to a point where we the Federal Government through ordi- Who are these people? They are the can’t continue to do what we have been nary appropriations and the stimulus. Ouattara forces. Do you think we made doing. Democrats hiked up nondefense discre- that up? Here is another picture. There When President Obama came into of- tionary appropriations by 24 percent they are. All of these are identified fice, he came out with his first budget over the last 2 years and by 84 percent leaders of the Ouattara forces holding and then his second budget and then if you count the stimulus bill. her. See what that they are doing to his third budget. If we add up these But, as an American songwriter once her, beating her and pulling her hair budgets, what he has done successfully, put it, the times they are a-changing. out. That is what is happening today. since he had total control of the House Later this week, we will be consid- So I only will say—I will conclude and the Senate, is passed these budg- ering the continuing resolution that with this—our State Department has ets. He has added more to our national gets us to the end of fiscal year 2011. To to wake up. You cannot assume the debt in 2 years than every President hear the left talk, one would think this United Nations is doing something that throughout—in the history of this proposal was shutting down agencies is right. We have to understand there is country, every President from George left and right. They say we have cut this half of a continent called Sub-Sa- Washington to George W. Bush. discretionary spending to the bone. haran Africa, and those people—their I can remember coming to this floor This, of course, is a little bit melodra- lives are worth just as much as they and I was outraged back in 1995 when matic. Before the Republicans won in are worth in Kosovo or Bosnia or the then-President Clinton came up with a November, the Federal Government United States or any of the other budget, and that budget was a $1.5 tril- was on pace to spend $3.8 trillion. That places we go and try to save lives. lion budget. This budget President is $3,800 billion. The continuing resolu- Again, I would say to any of our Obama has come out with is not just $1 tion we will vote on reduces spending friends and any of the Presidents of trillion, not $1.5 trillion, it is $3.5 tril- by $38 billion. And $38 billion in spend- any of the countries in Sub-Saharan lion, and the deficit alone for this 1 ing reductions from spending of $3,800 Africa, what has happened right there year is greater than the budget was for billion or $3.8 trillion—whichever you could very well happen to the Presi- the entire year of fiscal year 1996. It like—is not exactly cutting to the dents or First Ladies of your countries. can’t happen. We can’t continue to do bone. I only ask three things. No. 1, stop that. I agree with my colleagues who say this. Stop the firing that is going on Consequently—and I criticized some we need to reduce spending by even right now. People are being murdered of my Republican friends when a lot of more. Facing our third consecutive

VerDate Mar 15 2010 00:06 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.034 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2382 CONGRESSIONAL RECORD — SENATE April 12, 2011 year with more than a $1 trillion pro- States can’t just subcontract out these dent of the United States is not like jected deficit, these cuts barely scratch issues to other people. The President of being a law professor. Your job is not the surface of what needs to be done. the United States has to lead, and in merely to facilitate dialog. Your job is But make no mistake about it—even these areas it takes the President. He to lead. these cuts would have been impossible has to be bold. He has to take a stand. I look forward to the President’s re- if not for the Republicans taking back For all of the elegiac comparisons of marks tomorrow. I guess we could call the House and making gains in the President Obama to Abraham Lincoln, it the President’s budget, part deux. Senate last November. When Repub- Franklin Roosevelt, and Ronald My hope is that the sequel will be bet- licans won, they changed the debate in Reagan, those were not passive Presi- ter than the original. Washington. dents. On the big issues, they took big With that, Madam President, I sug- Even the press has been forced to ac- risks and they led the country. It gest the absence of a quorum. knowledge the depth of our fiscal cri- seems as though the President’s advis- The ACTING PRESIDENT pro tem- sis, though old habits die hard. Just ers have finally figured this out. They pore. The clerk will call the roll. this morning, we witnessed a relapse in need to get involved in a serious way The legislative clerk proceeded to the mainstream media as it did its best on the issue of Federal spending. call the roll. to enable excessive spending. The head- Sitting back and adding nothing, Mr. FRANKEN. Mr. President, I ask line on the front page of today’s Wash- while your allies demagogue reason- unanimous consent that the order for ington Post screamed ‘‘Cuts Will Affect able solutions to pressing problems, is the quorum call be rescinded. Vast Spectrum of Priorities.’’ This simply not acceptable to the American The PRESIDING OFFICER (Mr. made me think of the old joke about people. Democrats tried this tired line CASEY). Without objection, it is so or- the likely reporting at the New York of attack last week, alleging that Re- dered. Times on the outbreak of a nuclear publicans were out to hurt the poor, f conflict: ‘‘Nuclear War Breaks Out: the disabled, and the elderly. These STEM EDUCATION Women and Minorities Hardest Hit.’’ smears really are beneath the dignity But I should not be too hard on the of our elected officials, and they show Mr. FRANKEN. Mr. President, I rise press. They seem to be getting it. a total disregard for the common sense to talk about a matter that is very im- There is certainly no denying it. We of American citizens and the good faith portant to our country, to Minnesota, are spending way more than we are and charity of those who support Re- and to me, which is science, tech- taking in, and, absent real reductions publicans. A good first step for the nology, engineering, and mathematics in spending and meaningful reforms to President would be to disavow these education or STEM education for entitlements, this country is cruising statements. He has a chance to do so short. toward a legitimate debt crisis that tomorrow. As I have traveled around Minnesota, will adversely impact every American The President is giving a much-hyped I have heard from many of our high- family. speech tomorrow on the issue of spend- tech businesses. They fear our students This desire to reduce spending and ing and getting our deficits and debt will not be ready to take on the jobs restore the Constitution’s limits on the under control. I can only say I hope he waiting for them when they graduate size of government is the new normal comes through. The people of my home and, as a result, these jobs will go un- for taxpayers. The Obama administra- State of Utah and the people of every filled and our economy will founder. tion’s salad days when they dreamed of State are demanding that Washington This is not just true in Minnesota, of permanently expanding the size of the tackle out-of-control spending. Vague course, but across the country—in Federal Government are way back in outlines or statements of principle are Pennsylvania, the State of the Pre- the rearview mirror. Because of the un- not going to do it. The President needs siding Officer, and everywhere in our deniable seriousness of our debt and to take a stand, or should I say stance. Nation. deficits and the commitment of Repub- I would add that the American people That is why I am addressing our need licans to taking it on, the debate has don’t want solutions to a spending cri- for a well-trained STEM workforce shifted from how do we enlarge the size sis that involve higher taxes. The solu- through the STEM Master Teacher of government to how can we scale it tion to a spending crisis is not higher Corps Act, which has been cosponsored back. The administration was slow to taxes that will give the government by my colleagues, Senators LIEBERMAN recognize this. When given his first op- more money to spend. Our problem is and SHAHEEN. portunity to weigh in on this crisis, the not that citizens are taxed too little; We have been hearing concern about President voted ‘‘present.’’ His fiscal our problem is that government spends the state of STEM education in our year 2012 budget was laughable for its too much. country for over a decade now. In 2000, failure to take on our deficits and So the President needs to come for- a 25-member commission, headed by growing debt. ward with serious, concrete proposals former Senator John Glenn, published Even Ezra Klein, the liberal Wash- and commit to working with Congress- a report called ‘‘Before It’s Too Late,’’ ington Post reporter, could not carry man RYAN, Speaker BOEHNER, and Sen- which addressed the pressing need for the President’s water on this one. Even ate Republicans to solve this problem. high-quality math and science teach- he couldn’t carry the President’s water I am willing to give the President a ing. on this one. He wrote that when read- mulligan on his first budget proposal. Five years later, another report— ing the budget, it is almost like the fis- The President, like Members of Con- ‘‘Rising Above the Gathering Storm’’— cal commission never happened. gress, represents the people. As rep- presented the findings and rec- The President’s fiscal commission resentatives of the people, we must ac- ommendations of a National Acad- recommended over $4 trillion in spend- knowledge those times when we get it emies commission, chaired by former ing reductions, including adjustments wrong. When the people make it clear Lockheed Martin CEO Norm Augus- to entitlements. I can’t say I agree that they want their elected officials tine, concerning the deteriorating con- with everything in the commission’s to go in a different direction, in a dition of STEM education and basic re- proposal, but it was a serious effort to democratic republic it is only right search. get our Nation’s finances back in order. that the President and the Congress Last year, a followup report, dra- But the President chose to pretend this give voice to those concerns. The Presi- matically entitled ‘‘Rapidly Approach- report did not exist. dent seems to understand that he got it ing Category 5 Hurricane,’’ warned us Well, since then, they must have wrong with this first budget. that the ‘‘gathering storm’’ is now done some polling over at the White Taxpayers and families want Wash- threatening to wipe out U.S. leadership House. They must have realized that ington to take on spending, but the in global science and technology if we on the most critical issue facing the people will not be fooled. If the Presi- don’t act fast—and said so with good country, American taxpayers and dent comes out tomorrow and speaks reason. American families want something in vague generalities, if he comes out According to the Bureau of Labor more from their President—they want and simply defers to Congress, he will Statistics, nearly every one of the top leadership. The President of the United have satisfied no one. Being the Presi- 30 fastest growing professions requires

VerDate Mar 15 2010 00:06 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.035 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2383 STEM skills. These include jobs in STEM professionals, and it is time we national Renewable Energy Technology In- some of the fields that are most crit- recognize that and pay them accord- stitute; Iowa Mathematics and Science Edu- ical to the future of our country— ingly. According to the National Asso- cation Partnership; LearnOnLine, Inc.; LifeScience Alley; Materials Research Soci- health care, energy, climate change, ciation of Colleges and Employers, the ety; Math for America; Medtronic; Min- and national security. Yet too few kids median salary offered to recent college nesota Center for Engineering and Manufac- are graduating from high school with graduates in certain STEM-related turing Excellence; Minnesota Council of the interest or the preparation to suc- fields, including physics, computer Teachers of Mathematics; Minnesota High cessfully pursue STEM degrees in col- science, accounting, and engineering, Tech Association; Minnesota Intermediate lege. Well over half of college students is $24,000 higher than that offered to a District 287. in China and Japan major in STEM new secondary school teacher and National Association of Secondary School Principals; National Association of State fields, compared with only one-third of $30,000 higher than that offered to a Boards of Education; National Board for Pro- U.S. students. new elementary school teacher. fessional Teaching Standards; National International standardized tests This legislation has been endorsed by Council of Teachers of Mathematics; Na- show that we rank only average or more than 60 national and regional tional Education Association (NEA); Na- below average in students’ math and groups, ranging from educational orga- tional Institute of Building Sciences; Na- science performance. The 2009 Program nizations such as the National Edu- tional Institute for Excellence in Teaching; for International Student Assessment cation Association, the American Fed- National Rural Education Association; Na- placed American 15-year-olds 25th in tional Science Center; National Science eration of Teachers, the College Board, Teachers Association; New Teacher Center; math and 17th in science out of 34 and Education Minnesota, to business Ohio Technology and Engineering Educators OECD countries—the developed coun- groups such as LifeScience Alley, the Association; Ohio Technology Education Ad- tries. What is worse is, we are spending BioBusiness Alliance of Minnesota, and visory Council; The Optical Society; NV more on education per student than the Minnesota High Tech Association. STEM Education Coalition; Project Lead any other OECD country in the world, The bill is also supported by rural The Way; Rural School and Community except for Luxembourg. groups, such as the National Rural Trust; School Science and Mathematics As- As Congress works to reform No Education Association and the Rural sociation (SSMA); South Carolina’s Coali- Child Left Behind this year—and the tion for Mathematics and Science; SPIE, the School and Community Trust and nu- International Society for Optics and Presiding Officer is working with me merous science and math societies. Photonics; STARBASE Minnesota; STEM on that on the HELP Committee—I I am particularly pleased to have the Education Coalition; TIAX LLC; Triangle urge my colleagues to consider strong- endorsement of two leading national Coalition for Science and Technology Edu- ly the importance of STEM education businesses that also happened to be cation. and how to spend our limited resources headquartered in my State, Medtronic Mr. FRANKEN. Mr. President, the most effectively. President Obama has and 3M. Both of these companies recog- Master Teacher Corps Program ad- proposed recruiting and training 100,000 nize and support the importance of act- dresses the recommendations presented new STEM teachers in the next decade ing now to ensure a well-trained work- in the President’s Council of Advisers and has requested $100 million to ad- force for the future, and they have al- on Science and Technology’s 2010 K–12 vance this worthy goal. ready shown a proactive interest in STEM education report and tracks the However, many STEM teachers leave supporting and engaging students in priorities laid out more than 10 years the profession within their first few STEM activities. ago in the Glenn Commission report. years of teaching, often drawn by far I was recently at a first robotics Specifically, it would establish an more lucrative salaries elsewhere in event at the University of Minnesota ongoing system to improve the quality science and technology fields. Those that was astounding. They had two of mathematics and science teaching in talents are valued in the market. So if huge auditoriums of these over-130 grades K–12, and it would improve the we are going to invest in recruiting and teams competing in Minnesota in this working environment and make the training new teachers, we also need to robotics competition. So I am very teaching profession more attractive for invest in retaining and best utilizing grateful for the support of 3M and of K–12 mathematics and science teach- those individuals. Medtronic. ers. The STEM Master Teacher Corps Act Mr. President, I have a very impres- With the planned reform and reau- is based on a proposal brought forth by sive list of the number of endorsers to thorization of No Child Left Behind President Obama’s Council of Advisors the bill, and I ask unanimous consent this year, we have a rare and, indeed, on Science and Technology. It will pro- to have printed in the RECORD the full ideal opportunity to implement real vide the top K–12 STEM teachers in a list of endorsers. change in K–12 STEM education in this participating area with additional pro- There being no objection, the mate- country. So let’s act now, before it is fessional development, so they can be- rial was ordered to be printed in the too late, before the storm has fully come leaders in their schools and in RECORD, as follows: gathered, and before that rapidly ap- their communities. ORGANIZATIONS ENDORSING SENATOR proaching category 5 hurricane de- Master teachers will mentor their FRANKEN’S STEM MASTER TEACHER CORPS stroys the competitive technological younger or less-effective peers, giving ACT OF 2011 edge and the prosperity our country them guidance and inspiring them to 3M; Alliance for Excellent Education; has worked so hard to build and main- stay in teaching. Master teachers will American Association for the Advancement tain. also network with one another, sharing of Science; American Association of Physi- I urge my colleagues to join Senators best practices and resources. Together, cists in Medicine; American Association of LIEBERMAN, SHAHEEN, and me in sup- these measures will improve the qual- Physics Teachers; American Federation of porting a sustained investment in K–12 ity and the ability of all teachers to Teachers (AFT); American Institute of Phys- STEM teacher quality and in raising impart strong STEM skills and an ea- ics; American Mathematical Society; Amer- the standards of the teaching profes- gerness to learn and pass it on to their ican Physical Society; American Society for Engineering Education; American Society of sion through the STEM Master Teach- students. Civil Engineers; America’s Promise Alliance; er Corps Act. Providing career advancement oppor- Arlington, MA STEM Coalition; ASME Cen- f tunities to effective STEM teachers ter for Public Awareness; Association of and support to beginning teachers will Science Materials Centers; Biobusiness Alli- UNIVERSITY OF MINNESOTA- help increase retention, so our invest- ance of Minnesota; Campaign for Environ- DULUTH’S MEN’S HOCKEY TEAM ments in recruitment and training will mental Literacy; Central Jersey Modeling CHAMPIONSHIP have an even greater payoff. Institute; College Board; College of Edu- Mr. FRANKEN. Mr. President, I In recognition of their excellent work cation at Purdue University; Council of would also like to take a moment to and new leadership responsibilities, it State Science Supervisors. congratulate the University of Min- ECOCAD DESIGN GROUP, LLC; Education is only fair that these master teachers Development Center; Education Minnesota; nesota-Duluth’s men’s hockey team for should be compensated, so my legisla- Engaged Education Now; For Inspiration and capturing their first ever NCAA Divi- tion also gives them a salary bump. Recognition of Science and Technology sion I Championship. The UMD Bull- Our teachers work just as hard as other (FIRST); HMC Architects; IEEE–USA; Inter- dogs faced off against the Michigan

VerDate Mar 15 2010 00:06 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.037 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2384 CONGRESSIONAL RECORD — SENATE April 12, 2011 Wolverines in St. Paul this past Satur- zation that determines tax freedom The sad thing in all of this is that the day and, wow, it was an amazing game. day, found that this year Americans only current loser is the American peo- Over 19,000 fans packed the Xcel En- will pay more on their tax burden than ple. ergy Center to watch a nail-biter, real- they do on food, shelter, and clothing f ly, is what it was. Goaltenders Shawn combined. Tax freedom day falls on TRIBUTE TO BILL SAMUELS Hunwick of Michigan and UMD’s April 15 in Illinois and on April 12 na- Kenny Reiter kept the game close, nei- tionwide. Mr. MCCONNELL. Mr. President, ther allowing a goal in the third period Yet tax freedom day underestimates when most people think about Ken- and sending the game into overtime. how heavy the government’s burden is tucky, three things usually spring to Stuck at 2–2 Bulldog Travis Oleksuk by only reflecting the size of the bills mind immediately: horses, college bas- gathered the puck behind the Michigan we actually pay to the government, not ketball, and bourbon. What few people goal just 3 minutes into the extra pe- the spending we are pushing off on fu- realize, however, is that it is only in riod. With the puck on his backhand, ture generations in the form of higher the past few decades that premium Oleksuk slid a pass in front of the net deficits and debt. If we paid all of our bourbon has had much of a presence to hard-charging teammate Kyle bills to the government, the way it outside Kentucky at all. Just 30 years Schmidt, Hermantown, MN. spends money, tax freedom day would ago, bourbon was one of the fastest-de- Kyle, only 10 days removed from not come until May 23. clining spirits in America. And yet hand surgery, buried the puck from With a government that consumes so today, the industry supports 10,000 jobs just outside the crease. In a moment of much, it is fair to ask: Is the govern- in Kentucky; more than 1.5 million pure exuberance, he skated to the half- ment spending as efficiently as possible people have visited the Kentucky Bour- line and dove onto his back, performing on programs it is funding? Sadly, it is bon Trail in the last 5 years; and every what I believe was a snow angel, as he very clear that waste, fraud, and dupli- distiller in the State is adding capac- slid on the ice. It was something to see. cation still exist widely in the Federal ity. So bourbon’s come a long way, and It was one of the most thrilling fin- Government. if you ask folks in Kentucky, most of To call attention to these issues, I in- ishes in college hockey history. the credit goes to one man, whose 35- troduced the ‘‘silver fleece award’’ in After 50 long years, Kyle’s overtime year run at the helm of the world’s homage of Senator William Proxmire’s goal gave the Minnesota-Duluth Bull- most famous bourbon distillery comes ‘‘golden fleece,’’ but this one is made of dogs their first ever men’s hockey to an end this week. silver, not gold, because we are headed NCAA Championship. In his tenth year I am referring, of course, to Mr. Bill for more austere times. In the month at the helm, Coach Scott Sandelin led Samuels, Jr., the longtime president of of February, this award was voted by a tenacious and skilled Bulldog team Makers Mark. Bill’s dad may have Facebook users on ‘‘waste book’’ and that dominated on the power play and come up with the formula for premium was given to a program awarding $1 got timely goaltending throughout the bourbon, but it is because of Bill’s vi- million to provide signs displaying po- sion and tenacity that the rest of the tournament. etry in zoos. I would be remiss if I didn’t commend world knows about it today. I rise today to announce the nomi- The first thing you could say about the Michigan Wolverines, who played nees for the month of March and to an- fiercely and deserve congratulations Bill Samuels is that rarely in the his- nounce the winner. The second runner tory of American commerce has there for an excellent final game. I know ev- up was a grant related to the Inter- eryone at the University of Minnesota- been a better marriage between a man modal Surface Transportation Effi- and a product than the one between Duluth must still have smiles on their ciency Act, or ISTEA, and Safe, Ac- face after their victory, and I congratu- him and Makers Mark. To many Ken- countable, Flexible, Efficient Trans- tuckians, he is an instantly recogniz- late the players and coaches and the portation Equity Act, or SAFETEA– able figure. You could say that what fans on a triumphant season. LU, which was awarded $150,000 to cre- Colonel Sanders was to chicken, Bill is I would also be remiss if I didn’t say ate special tunnels for salamanders to to bourbon. And so it is appropriate that last year the women’s hockey pass under a Vermont road. The first that the first job he ever had, at the team, the Bulldogs also, won the wom- runner up was a video game, funded by age of 16, was driving the colonel en’s NCAA Division I hockey tour- the Federal Government, called around. You couldn’t ask for a better nament. So kudos to the University of ‘‘WolfQuest,’’ which was developed teacher than Harlan Sanders if you Minnesota-Duluth and the Bulldogs. using a National Science Foundation wanted to learn how to promote a prod- Mr. President, I yield the floor, and I grant of $609,160 to the Minnesota Zoo. suggest the absence of a quorum. However, the March winner of the uct, and, if that product was bourbon, The PRESIDING OFFICER. The ‘‘silver fleece award,’’ with a 63-percent you couldn’t ask for a better hometown clerk will call the roll. vote, is a grant of $460,000 funding a than Bardstown, KY. Bill’s godfather The assistant bill clerk proceeded to study on why people lie on text mes- and next-door neighbor was Jim Beam, call the roll. sages, instant messaging services, so- and Bill can trace his family’s tradi- Mr. PRYOR. Mr. President, I ask cial networking Web sites, and other tion of bourbon making in Bardstown unanimous consent that the order for modern communication systems. Yes, back seven generations to 1844. the quorum call be rescinded. we spent over $460,000 of hard-earned A dramatic change in the family The PRESIDING OFFICER. Without taxpayer dollars to tell you why people business came in 1953, when Bill’s fa- objection, it is so ordered. lie when they are communicating elec- ther, Bill Samuels, Sr., decided to The Senator from Arkansas is recog- tronically. abandon the old family recipe, bought nized. There are new nominees for the April the smallest distillery in the State, Mr. PRYOR. I thank the Chair. ‘‘silver fleece award.’’ This month’s just outside of Loretto, and got to (The remarks of Mr. PRYOR per- nominees were put forward by a leader work on a more premium product. Bill, taining to the introduction of S. 792 are on the issues of fighting pork and gov- Sr. never really thought of the family located in today’s RECORD under ernment waste in the House, Congress- business as much more than a hobby, ‘‘Statements on Introduced Bills and man JEFF FLAKE of Arizona. He nomi- so Bill, Jr. went off to college where he Joint Resolutions.’’) nated $450,000 in grants from the State studied engineering and earned a law Mr. PRYOR. I thank the Chair. Department for art shows in Venice, degree. But the family business re- f Italy, $130,276 in National Health Foun- tained a certain attraction, and soon dation funds to sponsor the creation the younger of the two Bills had to TAX FREEDOM DAY and distribution of a cookbook, and make a choice: practice law, or accept Mr. KIRK. Mr. President, last week $328,835 spent on an Air Force photo op his father’s offer to work with him for in Chicago, we announced tax freedom in New York City. half the money. The other terms of em- day—the day that marks the time We invite your votes and your feed- ployment weren’t much better. Bill’s when Illinois residents have paid their back on ‘‘wastebook on Facebook’’ to dad told him that they did three things Federal and State tax burdens. The decide what next month’s ‘‘silver fleece and three things only at the family’s Tax Foundation, a nonpartisan organi- award’’ winner will be. distillery: ‘‘We make whiskey, we

VerDate Mar 15 2010 02:49 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.039 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2385 count money, and we sell whiskey’’— service to the Commonwealth, and to bill was subsequently signed on April 9, and that his dad was in charge of the wish him well in all his future endeav- 2011 by the Acting President pro tem- first two. ors. Knowing Bill, he is probably just pore (Mr. DURBIN). Bill knew the family’s bourbon had a getting started. f future beyond its small but loyal cus- f tomer base, and over the next several MESSAGE FROM THE HOUSE years he would put together the strat- ADDITIONAL STATEMENTS At 10:03 a.m., a message from the egy to prove it. Where most businesses House of Representatives, delivered by focused on telling people why they Mrs. Cole, one of its reading clerks, an- should buy their product, Bill would let TRIBUTE TO CAILLEY AND nounced that the House has passed the the people who already liked Makers MEMORABLE FACTOR following joint resolution, in which it Mark do the talking. Bill’s view was ∑ Mr. GRAHAM. Mr. President, Le requests the concurrence of the Senate: that if he focused on maintaining qual- Grand Concours French competition H.J. Res. 37. A joint resolution dis- ity, the demand would grow on its own, consists of oral and written portions approving the rule submitted by the Federal one happy customer at a time. The real and is given by the American Associa- Communications Commission with respect turning point came in 1980, when a re- tion of Teachers of French to over to regulating the Internet and broadband in- porter from the Wall Street Journal 100,000 students learning French in all dustry practices. started making inquiries about this 50 States and abroad. f distillery outside Loretto, KY, that The MathFest was created in 2001 to seemed to be in high demand. The MEASURES PLACED ON THE provide an extended math initiative CALENDAR front-page story that followed called that would motivate students, parents, Makers Mark a model of inefficiency and teachers to raise the standards and The following bill was read the sec- by choice. It noted that the Samuels’ expectations in math. This year the ond time, and placed on the calendar: produced only 19 barrels of bourbon a South Carolina MathFest was held in S. 783. A bill to provide an extension of day compared to an industry average Columbia, and 4,000 math students time for filing individual income tax returns in the hundreds, and described a cadre from around the State participated in in the case of a Federal Government shut- down. of loyal fans who liked it so much they the competition. would pay a premium to get it. I would like to take a moment to rec- f The response was overwhelming. Bill, ognize and honor Cailley Factor of MEASURES READ THE FIRST TIME Jr. followed up with a series of clever Charleston County for winning first ads that underscored just how small place in the second division at the The following joint resolution was the distillery was, and how difficult it State MathFest competition and for read the first time: had become to keep up with demand, being named a national champion of Le H.J. Res. 37. Joint resolution disapproving which of course only increased it. Grand Concours 2010 French competi- the rule submitted by the Federal Commu- nications Commission with respect to regu- Soon, Makers Mark exploded onto the tion. Additionally, I would like to rec- national and international stage as a lating the Internet and broadband industry ognize Memorable ‘‘Mem’’ Factor of practices. premium brand, and an entire premium Charleston County for winning first industry emerged for Kentucky, which place in the first grade division at the f today produces more than 95 percent of State MathFest competition and for EXECUTIVE AND OTHER all bourbon produced in the U.S. being named a national champion of Le COMMUNICATIONS Bill’s genius for marketing and his Grand Concours 2010 French competi- love for Kentucky has always extended The following communications were tion. This is the first time in the his- well beyond the family business. Over laid before the Senate, together with tory of the competition that siblings the years, he chaired an astonishing 27 accompanying papers, reports, and doc- have been named winners in the same different boards, including those at the uments, and were referred as indicated: year. University of Louisville, Bellarmine EC–1310. A communication from the Direc- The achievements of both Cailley and University, and the Kentucky Chamber tor of the Regulatory Management Division, Memorable Factor serve as an example of Commerce. To the amusement of his Office of Policy, Environmental Protection which all students should strive to- friends, he rcently signed up for Lead- Agency, transmitting, pursuant to law, the wards. I applaud them both in their ac- report of a rule entitled ‘‘Glyphosate (N- ership Kentucky, a program typically complishments and look forward to (phosphonomethyl)glycine); Pesticide Toler- reserved for young businessmen or their future success.∑ ances’’ (FRL No. 8866–8) received in the Of- women or newcomers to the Sate who fice of the President of the Senate on April want to learn more about Kentucky. f 8, 2011; to the Committee on Agriculture, Nu- For a guy who is about as well known MESSAGE FROM THE HOUSE trition, and Forestry . EC–1311. A communication from the Direc- in Kentucky business as Colonel Sand- RECEIVED DURING ADJOURNMENT ers, it doesn’t make much sense. But it tor of the Regulatory Management Division, makes perfect sense to people who Under the authority of the order of Office of Policy, Environmental Protection know Bill. And whether he is showing the Senate of January 5, 2011, the Sec- Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Escherichia coli up unexpectedly at some bar in Dallas retary of the Senate, on April 9, 2011, during the adjournment of the Senate, O157:H7 Specific Bacteriophages; Temporary or Chicago and buying a round of Exemption From the Requirement of a Tol- drinks, greeting visitors at the dis- received a message from the House of erance’’ (FRL No. 8868–4) received in the Of- tillery in Loretto, or showing up at an Representatives announcing that the fice of the President of the Senate on April event in a 12-button suit, Bill is one of House has agreed to the amendment of 8, 2011; to the Committee on Agriculture, Nu- those rare businessmen who has always the Senate to the bill (H.R. 1363) mak- trition, and Forestry. been great at getting attention with- ing appropriations for the Department EC–1312. A communication from the Direc- out showing a trace of ego. He has done of Defense for the fiscal year ending tor of the Regulatory Management Division, Office of Policy, Environmental Protection it by focusing on the needs of his com- September 30, 2011, and for other pur- poses. Agency, transmitting, pursuant to law, the munity, insisting on quality, and stick- report of a rule entitled ‘‘Etoxazole; Pes- ing to the winning formula that made ENROLLED BILL SIGNED ticide Tolerances’’ (FRL No. 8867–5) received Makers Mark a success. Those who The message also announced that the in the Office of the President of the Senate have worked with Bill will tell you he Speaker has signed the following en- on April 8, 2011; to the Committee on Agri- is prone to self-deprecation, but this rolled bill: culture, Nutrition, and Forestry. EC–1313. A communication from the Under week Kentuckians across the State will H.R. 1363. An act making appropriations Secretary of Defense (Comptroller), trans- have an opportunity to commend him for the Department of Defense for the fiscal mitting, pursuant to law, a report relative to year ending September 30, 2011, and for other on a job well done. And on behalf of all a violation of the Antideficiency Act that oc- purposes. who have benefited from the vision and curred within the Department of the Army creativity of Bill Samuels, Jr., I would Under the authority of the order of and was assigned case number 08–02; to the like to thank him for his dedicated the Senate of April 8, 2011, the enrolled Committee on Appropriations.

VerDate Mar 15 2010 02:49 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.027 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2386 CONGRESSIONAL RECORD — SENATE April 12, 2011 EC–1314. A communication from the Sec- *Peter Bruce Lyons, of New Mexico, to be potentiary of the United States of America retary of Defense, transmitting a report on an Assistant Secretary of Energy (Nuclear to the Republic of Kenya. the approved retirement of Lieutenant Gen- Energy). Nominee: Jonathan S. Gration eral Glenn F. Spears, United States Air By Mr. KERRY for the Committee on For- Post: COM, Embassy Nairobi Force, and his advancement to the grade of eign Relations. (The following is a list of all members of lieutenant general on the retired list; to the *Ben S. Bernanke, of New Jersey, to be my immediate family and their spouses. I Committee on Armed Services. United States Alternate Governor of the have asked each of these persons to inform EC–1315. A communication from the Under International Monetary Fund for a term of me of the pertinent contributions made by Secretary of Defense (Personnel and Readi- five years. them. To the best of my knowledge, the in- ness), transmitting, pursuant to law, the an- *Nils Maarten Parin Daulaire, of Virginia, formation contained in this report is com- nual report for fiscal year 2010 of the Na- to be Representative of the United States on plete and accurate.) tional Guard Youth Challenge Program; to the Executive Board of the World Health Or- Contributor, amount, date, and donee: the Committee on Armed Services. ganization. 1. Self: $4500, 2008, Obama for America. EC–1316. A communication from the Under *Joseph M. Torsella, of Pennsylvania, to be 2. Spouse: Judith E. Gration: $631, 2008, Secretary of Defense (Personnel and Readi- Representative of the United States of Amer- Obama for America. ness), transmitting, pursuant to law, the 2010 ica to the United Nations for U.N. Manage- 3. Children and Spouses: Jonathan S. annual report relative to the STARBASE ment and Reform, with the rank of Ambas- Gration, Jr (son): None; Julie A. Gration Program; to the Committee on Armed Serv- sador. (son’s spouse): None; Jennifer Lynn Yoder ices. *Joseph M. Torsella, of Pennsylvania, to be (daughter): None; Brian J. Yoder (daughter’s EC–1317. A communication from the Chief Alternate Representative of the United spouse): $30, 2008, Obama for America; David Counsel, Federal Emergency Management States of America to the Sessions of the A. Gration (son): None; Katherine M. Gration Agency, Department of Homeland Security, General Assembly of the United Nations, (daughter): None. transmitting, pursuant to law, the report of during his tenure of service as Representa- 4. Parents: John A. Gration (father): None; a rule entitled ‘‘Changes in Final Flood Ele- tive of the United States of America to the Dorothy E. Gration (mother): None. vation Determinations’’ ((44 CFR Part 65) United Nations for U.N. Management and 5. Grandparents: Alexander G. Gration: De- (Docket No. FEMA–2011–0002)) received in the Reform. ceased; Margret E. Gration: Deceased: Alfred Office of the President of the Senate on April *Kurt Walter Tong, of Maryland, a Career J. Harpel: Deceased; Fannie L. Harpel: De- 11, 2011; to the Committee on Banking, Hous- Member of the Senior Foreign Service, Class ceased. ing, and Urban Affairs. of Counselor, for the rank of Ambassador 6. Brothers and Spouses: None. EC–1318. A communication from the Sec- during his tenure of service as United States 7. Sisters and Spouses: Barbara V. Harbert retary of the Treasury, transmitting, pursu- Senior Official for the Asia-Pacific Economic (sister): None; Scott J. Harbert (sister’s ant to law, a six-month periodic report on Cooperation (APEC) Forum. spouse): None; Judith A. Kohl (sister): None; the national emergency with respect to *Suzan D. Johnson Cook, of New York, to George J. Kohl (sister’s spouse): None. Syria that was declared in Executive Order be Ambassador at Large for International 13338 of May 11, 2004; to the Committee on Religious Freedom. *Michelle D. Gavin, of the District of Co- Banking, Housing, and Urban Affairs. Nominee: Susan D. Johnson Cook. lumbia, to be Ambassador Extraordinary and EC–1319. A communication from the Assist- Post: Ambassador at Large for Inter- Plenipotentiary of the United States of ant Secretary for Congressional and Inter- national Religious Freedom. America to the Republic of Botswana. governmental Relations, Department of (The following is a list of all members of Nominee: Michelle Diane Gavin Housing and Urban Development, transmit- my immediate family and their spouses. I Post: Botswana. ting, pursuant to law, the Department’s fis- have asked each of these persons to inform The following is a list of all members of cal year 2010 Annual Performance Report; to me of the pertinent contributions made by my immediate family and their spouses. I the Committee on Banking, Housing, and them. To the best of my knowledge, the in- have asked each of these persons to inform Urban Affairs. formation contained in this report is com- me of the pertinent contributions made by EC–1320. A communication from the Presi- plete and accurate.) them. To the best of my knowledge, the in- dent and Chief Executive Officer, National Contributions, amount, date, and donee: formation contained in this report is com- Railroad Passenger Corporation, Amtrak, 1. Self: $1,000, 10/22/06, Friends of Hillary; plete and accurate. transmitting, pursuant to law, Amtrak’s fis- $150, 8/09, Yvette Clark Campaign; $150, 6/09, Contributions, amount, date, and donee: cal year 2012 General and Legislative Annual Ed Towns Campaign; $2,500, 10/10, DNC Fund- 1. Self: None; Report; to the Committee on Commerce, raiser; $20, 10/10, Barbecue for Tim Bishop for 2. Spouse: David Bonifili: $300, 3–26–2006, Science, and Transportation. Congress. Bob Casey for PA Senate Primary; EC–1321. A communication from the Direc- 2. Spouse: Ronald Cook: $0. 3. Children and Spouses: None; tor of the Regulatory Management Division, 3. Children and Spouses: Samuel Cook: $0; 4. Parents: None; Office of Policy, Environmental Protection Christopher Cook, $0. 5. Grandparents: None; 4. Parents: Both Deceased: $0. Agency, transmitting, pursuant to law, the 6. Brothers and Spouses: None; 5. Grandparents: Both Deceased: $0. 7. Sisters and Spouses: None. report of a rule entitled ‘‘Approval and Pro- 6. Brothers and Spouses: Deceased: $0. mulgation of Air Quality Implementation 7. Sisters and Spouses: N/A. Plans; District of Columbia; Section 110(a)(2) *David Bruce Shear, of New York, a Career Member of the Senior Foreign Service, Class Infrastructure Requirements for the 1997 8- * Robert Patterson, of New York, a Career of Minister-Counselor, to be Ambassador Ex- Hour Ozone and the 1997 and 2006 Fine Par- Member of the Senior Foreign Service, Class traordinary and Plenipotentiary of the ticulate Matter National Ambient Air Qual- of Counselor, to be Ambassador Extraor- United States of America to the Socialist ity Standards’’ (FRL No. 9292–9) received in dinary and Plenipotentiary of the United Republic of Vietnam. the Office of the President of the Senate on States of America to Turkmenistan. Nominee: David Bruce Shear. April 8, 2011; to the Committee on Environ- Nominee: Robert Eugene Patterson, Jr. Post: American Embassy, Hanoi. ment and Public Works. Post: Turkmenistan (The following is a list of all members of (The following is a list of all members of f my immediate family and their spouses. I my immediate family and their spouses. I REPORTS OF COMMITTEES have asked each of these persons to inform have asked each of these persons to inform me of the pertinent contributions made by me of the pertinent contributions made by The following reports of committees them. To the best of my knowledge, the in- were submitted: them. To the best of my knowledge, the in- formation contained in this report is com- formation contained in this report is com- By Mr. KERRY, from the Committee on plete and accurate.) plete and accurate.) Foreign Relations, without amendment and Contributions, amount, date, and donee: Contributions, amount, date, donee: with a preamble: 1. Self: None. 1. Self: none. S. Res. 109. A resolution honoring and sup- 2. Spouse: None. 2. Spouse: Barbara C. Shear: none. porting women in North Africa and the Mid- 3. Children and Spouses: Evelyn Gosnell: 3. Children and Spouses: Jennifer J. Shear dle East whose bravery, compassion, and $100, 2008, Obama. Jacqueline Gosnell: None. (unmarried): none. commitment to putting the wellbeing of oth- Danielle Gosnell: None. 4. Parents: Bruce and Jean Shear (both de- ers before their own have proven that cour- 4. Parents: Robert Patterson: $200, 2009, ceased): none. age can be contagious. Pat Toomey. Joyce Patterson: None. 5. Grandparents (long deceased—can’t re- member names): none. f 5. Grandparents: deceased. 6. Brothers and Spouses: James/Ellen Pat- 6. Brothers and Spouses: George and Diana EXECUTIVE REPORTS OF terson: $1,000, 2008, Richard E. Neal. John/ Shear: $500, 2008, Obama campaign; $50, 2010, COMMITTEES Dalleen Patterson: None. Democratic Congressional Campaign Com- Sisters and Spouses: Melody/Allen Ries: mittee; $25, 2010, Gillibrand campaign. The following executive reports of None. 7. Sisters and Spouses: Laurel Mennen (di- nominations were submitted: vorced): none. By Mr. BINGAMAN for the Committee on *Jonathan Scott Gration, of New Jersey, to *Nomination was reported with rec- Energy and Natural Resources. be Ambassador Extraordinary and Pleni- ommendation that it be confirmed subject to

VerDate Mar 15 2010 02:49 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.014 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2387 the nominee’s commitment to respond to re- S. 796. A bill to amend the Internal Rev- CHILD Project and congratulating the quests to appear and testify before any duly enue Code to extend qualified school con- GOD’S CHILD Project on its 20th anniver- constituted committee of the Senate. struction bonds and qualified zone academy sary; to the Committee on the Judiciary. f bonds, to treat qualified zone academy bonds By Mrs. HUTCHISON (for herself and as specified tax credit bonds, and to modify Mr. CORNYN): INTRODUCTION OF BILLS AND the private business contribution require- S. Res. 142. A resolution congratulating the JOINT RESOLUTIONS ment for qualified zone academy bonds; to Lady Aggies of Texas A&M University on The following bills and joint resolu- the Committee on Finance. winning the 2011 National Collegiate Ath- letic Association Division I Women’s Basket- tions were introduced, read the first By Ms. MIKULSKI (for herself, Mr. AKAKA, Mrs. BOXER, Ms. CANTWELL, ball Championship; considered and agreed to. and second times by unanimous con- Mr. CARDIN, Mr. CASEY, Mr. COONS, By Mr. LAUTENBERG (for himself and sent, and referred as indicated: Mr. DURBIN, Mr. FRANKEN, Mrs. Mr. THUNE): By Mr. THUNE (for himself, Mr. GILLIBRAND, Mr. HARKIN, Mr. KERRY, S. Res. 143. A resolution supporting the INHOFE, Mr. ROBERTS, Mr. ISAKSON, Ms. KLOBUCHAR, Mr. LAUTENBERG, goals and ideals of National Safe Digging and Mr. BARRASSO): Mr. LEAHY, Mr. LEVIN, Mrs. Month; considered and agreed to. S. 785. A bill to require that the Federal MCCASKILL, Mrs. MURRAY, Mr. REED, By Mr. LUGAR (for himself, Mr. Government procure from the private sector Mr. REID, Mrs. SHAHEEN, Ms. MCCONNELL, Mr. INHOFE, and Mrs. the goods and services necessary for the op- STABENOW, Mr. WHITEHOUSE, Mr. FEINSTEIN): erations and management of certain Govern- WYDEN, Mr. MERKLEY, and Mrs. S. Con. Res. 12. A concurrent resolution ex- ment agencies, and for other purposes; to the HAGAN): pressing the sense of Congress that the Committee on Homeland Security and Gov- S. 797. A bill to amend the Fair Labor President should take certain actions with ernmental Affairs. Standards Act of 1938 to provide more effec- respect to the Government of Burma; to the By Mr. JOHNSON of South Dakota: tive remedies to victims of discrimination in Committee on Foreign Relations. S. 786. A bill to amend title 10, United the payment of wages on the basis of sex, and f States Code, to modify the appointment and for other purposes; to the Committee on grade of the Chief of the Army Medical Spe- Health, Education, Labor, and Pensions. ADDITIONAL COSPONSORS cialist Corps; to the Committee on Armed By Mr. TESTER (for himself, Mr. S. 69 Services. MCCAIN, and Mr. LEAHY): At the request of Mr. TESTER, the By Mrs. MURRAY: S. 798. A bill to provide an amnesty period name of the Senator from Oregon (Mr. S. 787. A bill to provide grants to promote during which veterans and their family MERKLEY) was added as a cosponsor of financial literacy; to the Committee on members can register certain firearms in the Health, Education, Labor, and Pensions. National Firearms Registration and Transfer S. 69, a bill to amend the Consumer By Mr. HARKIN (for himself, Mr. Record, and for other purposes; to the Com- Product Safety Improvement Act of LEAHY, Mr. KERRY, Mr. AKAKA, Mrs. mittee on the Judiciary. 2008 to exclude secondary sales, repair BOXER, Mrs. MURRAY, Mr. LAUTEN- By Mr. KERRY (for himself and Mr. services, and certain vehicles from the BERG, and Mr. MERKLEY): MCCAIN): ban on lead in children’s products, and S. 788. A bill to amend the Fair Labor S. 799. A bill to establish a regulatory for other purposes. Standards Act of 1938 to prohibit discrimina- framework for the comprehensive protection S. 136 tion in the payment of wages on account of of personal data for individuals under the sex, race, or national origin, and for other aegis of the Federal Trade Commission, and At the request of Mrs. FEINSTEIN, the purposes; to the Committee on Health, Edu- for other purposes; to the Committee on name of the Senator from New Jersey cation, Labor, and Pensions. Commerce, Science, and Transportation. (Mr. MENENDEZ) was added as a cospon- By Mr. BAUCUS (for himself and Mr. By Mr. HARKIN (for himself, Mr. sor of S. 136, a bill to establish require- NELSON of Florida): MERKLEY, Mr. SANDERS, Mr. UDALL of ments with respect to bisphenol A. S. 789. A bill to express the sense of the New Mexico, Mr. BEGICH, Mr. LEAHY, S. 146 Senate that Medicare should not be disman- Mr. BENNET, Mr. FRANKEN, Mr. CAR- At the request of Mr. BAUCUS, the tled and turned into a voucher program; to PER, Mr. CARDIN, Ms. KLOBUCHAR, and names of the Senator from West Vir- the Committee on Finance. Mr. WYDEN): By Mr. AKAKA: S. 800. A bill to amend the Safe, Account- ginia (Mr. ROCKEFELLER), the Senator S. 790. A bill to provide for mandatory able, Flexible, Efficient Transportation Eq- from Oregon (Mr. WYDEN) and the Sen- training for Federal Government supervisors uity Act: A Legacy for Users to reauthorize ator from Virginia (Mr. WARNER) were and the assessment of management com- and improve the safe routes to school pro- added as cosponsors of S. 146, a bill to petencies; to the Committee on Homeland gram; to the Committee on Environment and amend the Internal Revenue Code of Security and Governmental Affairs. Public Works. By Mr. UDALL of New Mexico (for 1986 to extend the work opportunity By Mr. CARPER (for himself, Ms. COL- himself, Mr. BINGAMAN, Mr. BENNET, credit to certain recently discharged LINS, Mr. LIEBERMAN, and Mr. BROWN Mr. CRAPO, Mr. UDALL of Colorado, of Massachusetts): veterans. and Mr. RISCH): S. 801. A bill to amend chapter 113 of title S. 210 S. 791. A bill to amend the Radiation Expo- 40, United States Code, to require executive At the request of Mr. COBURN, the sure Compensation Act to improve com- agency participation in real-time trans- name of the Senator from Missouri pensation for workers involved in uranium parency of investment projects, to require mining, and for other purposes; to the Com- (Mrs. MCCASKILL) was added as a co- performance and governance reviews of all mittee on the Judiciary. sponsor of S. 210, a bill to amend title cost overruns on Federal information tech- By Mr. PRYOR: 44, United States Code, to eliminate S. 792. A bill to authorize the waiver of cer- nology investment projects, and for other the mandatory printing of bills and tain debts relating to assistance provided to purposes; to the Committee on Homeland Se- curity and Governmental Affairs. resolutions for the use of offices of individuals and households since 2005; to the Members of Congress. Committee on Homeland Security and Gov- f S. 211 ernmental Affairs. By Mr. GRAHAM: SUBMISSION OF CONCURRENT AND At the request of Mr. ISAKSON, the S. 793. A bill to allow the Corps of Engi- SENATE RESOLUTIONS name of the Senator from Maine (Ms. neers to use certain amounts to carry out The following concurrent resolutions COLLINS) was added as a cosponsor of S. harbor deepening projects; to the Committee and Senate resolutions were read, and 211, a bill to provide for a biennial on Environment and Public Works. referred (or acted upon), as indicated: budget process and a biennial appro- By Mr. LEAHY (for himself and Mr. priations process and to enhance over- By Mr. RUBIO (for himself, Mr. MENEN- WHITEHOUSE): sight and performance of the Federal S. 794. A bill to amend the Internal Rev- DEZ, Mr. INHOFE, Mr. NELSON of Flor- enue Code of 1986 to disallow any deduction ida, Mr. MCCAIN, and Mr. Government. for punitive damages, and for other purposes; LIEBERMAN): S. 217 to the Committee on Finance. S. Res. 140. A resolution commemorating At the request of Mr. DEMINT, the By Mrs. GILLIBRAND: the 50th anniversary of the Bay of Pigs oper- name of the Senator from Florida (Mr. S. 795. A bill to address HIV/AIDS in the ation and commending the members of RUBIO) was added as a cosponsor of S. African-American community, and for other Brigada de Asalto 2506 (Assault Brigade 2506); 217, a bill to amend the National Labor purposes; to the Committee on Health, Edu- to the Committee on Foreign Relations. cation, Labor, and Pensions. By Mr. CONRAD (for himself and Mr. Relations Act to ensure the right of By Mr. ROCKEFELLER (for himself, HOEVEN): employees to a secret ballot election Mr. KERRY, Mr. HARKIN, Mr. BEGICH, S. Res. 141. A resolution recognizing the ef- conducted by the National Labor Rela- and Mr. JOHNSON of South Dakota): forts and accomplishments of the GOD’S tions Board.

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.022 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2388 CONGRESSIONAL RECORD — SENATE April 12, 2011 S. 260 BEGICH) was added as a cosponsor of S. BROWN) was added as a cosponsor of S. At the request of Mr. NELSON of Flor- 489, a bill to require certain mortga- 595, a bill to amend title VIII of the El- ida, the name of the Senator from gees to evaluate loans for modifica- ementary and Secondary Education Maine (Ms. COLLINS) was added as a co- tions, to establish a grant program for Act of 1965 to require the Secretary of sponsor of S. 260, a bill to amend title State and local government mediation Education to complete payments under 10, United States Code, to repeal the programs, and for other purposes. such title to local educational agencies requirement for reduction of survivor S. 491 eligible for such payments within 3 fis- annuities under the Survivor Benefit At the request of Mr. PRYOR, the cal years. Plan by veterans’ dependency and in- name of the Senator from Idaho (Mr. S. 603 demnity compensation. CRAPO) was added as a cosponsor of S. At the request of Mr. NELSON of Flor- S. 357 491, a bill to amend title 38, United ida, the name of the Senator from Mis- At the request of Mr. LAUTENBERG, States Code, to recognize the service in sissippi (Mr. WICKER) was added as a the name of the Senator from New Jer- the reserve components of the Armed cosponsor of S. 603, a bill to modify the sey (Mr. MENENDEZ) was added as a co- Forces of certain persons by honoring prohibition on recognition by United sponsor of S. 357, a bill to authorize the them with status as veterans under States courts of certain rights relating Secretary of the Interior to identify law, and for other purposes. to certain marks, trade names, or com- and declare wildlife disease emer- S. 496 mercial names. gencies and to coordinate rapid re- At the request of Mr. MCCAIN, the S. 646 sponse to those emergencies, and for name of the Senator from Idaho (Mr. At the request of Mrs. BOXER, the other purposes. RISCH) was added as a cosponsor of S. name of the Senator from West Vir- S. 366 496, a bill to amend the Food, Con- ginia (Mr. ROCKEFELLER) was added as At the request of Mrs. GILLIBRAND, servation, and Energy Act to repeal a a cosponsor of S. 646, a bill to reauthor- the name of the Senator from New duplicative program relating to inspec- ize Federal natural hazards reduction Hampshire (Ms. AYOTTE) was added as tion and grading of catfish. programs, and for other purposes. a cosponsor of S. 366, a bill to require S. 514 S. 648 disclosure to the Securities and Ex- At the request of Mr. WYDEN, the At the request of Mrs. GILLIBRAND, change Commission of certain name of the Senator from Louisiana the name of the Senator from Montana sanctionable activities, and for other (Ms. LANDRIEU) was added as a cospon- (Mr. TESTER) was added as a cosponsor purposes. sor of S. 514, a bill to amend chapter 21 of S. 648, a bill to require the Commis- S. 418 of title 5, United States Code, to pro- sioner of Social Security to revise the At the request of Mr. HARKIN, the vide that fathers of permanently dis- medical and evaluation criteria for de- names of the Senator from New Mexico abled or deceased veterans shall be in- termining disability in a person diag- (Mr. BINGAMAN) and the Senator from cluded with mothers of such veterans nosed with Huntington’s Disease and to New York (Mrs. GILLIBRAND) were as preference eligibles for treatment in waive the 24-month waiting period for added as cosponsors of S. 418, a bill to the civil service. Medicare eligibility for individuals dis- award a Congressional Gold Medal to abled by Huntington’s Disease. S. 529 the World War II members of the Civil S. 662 At the request of Mr. MENENDEZ, the Air Patrol. At the request of Mr. VITTER, the name of the Senator from North Caro- S. 425 name of the Senator from Florida (Mr. lina (Mrs. HAGAN) was added as a co- At the request of Mr. UDALL of Colo- RUBIO) was added as a cosponsor of S. sponsor of S. 529, a bill to extend the rado, the name of the Senator from 662, a bill to provide for payments to temporary duty suspensions on certain Maine (Ms. SNOWE) was added as a co- certain natural resource trustees to as- cotton shirting fabrics, and for other sponsor of S. 425, a bill to amend the sist in restoring natural resources purposes. Public Health Service Act to provide damaged as a result of the Deepwater for the establishment of permanent na- S. 547 Horizon oil spill, and for other pur- tional surveillance systems for mul- At the request of Mrs. MURRAY, the poses. name of the Senator from Ohio (Mr. tiple sclerosis, Parkinson’s disease, and S. 668 BROWN) was added as a cosponsor of S. other neurological diseases and dis- At the request of Mr. CORNYN, the orders. 547, a bill to direct the Secretary of name of the Senator from Arizona (Mr. Education to establish an award pro- S. 431 MCCAIN) was added as a cosponsor of S. gram recognizing excellence exhibited At the request of Mr. PRYOR, the 668, a bill to remove unelected, unac- names of the Senator from Ohio (Mr. by public school system employees pro- countable bureaucrats from seniors’ viding services to students in pre-kin- BROWN) and the Senator from Okla- personal health decisions by repealing dergarten through higher education. homa (Mr. INHOFE) were added as co- the Independent Payment Advisory sponsors of S. 431, a bill to require the S. 570 Board. Secretary of the Treasury to mint At the request of Mr. TESTER, the S. 714 coins in commemoration of the 225th name of the Senator from Kansas (Mr. At the request of Mr. BINGAMAN, the anniversary of the establishment of the ROBERTS) was added as a cosponsor of name of the Senator from Montana Nation’s first Federal law enforcement S. 570, a bill to prohibit the Depart- (Mr. TESTER) was added as a cosponsor agency, the United States Marshals ment of Justice from tracking and of S. 714, a bill to reauthorize the Fed- Service. cataloguing the purchases of multiple eral Land Transaction Facilitation S. 468 rifles and shotguns. Act, and for other purposes. At the request of Mr. MCCONNELL, S. 584 S. 718 the name of the Senator from Arkansas At the request of Ms. MIKULSKI, the At the request of Mr. ROBERTS, the (Mr. BOOZMAN) was added as a cospon- name of the Senator from Ohio (Mr. name of the Senator from Arkansas sor of S. 468, a bill to amend the Fed- BROWN) was added as a cosponsor of S. (Mr. BOOZMAN) was added as a cospon- eral Water Pollution Control Act to 584, a bill to establish the Social Work sor of S. 718, a bill to amend the Fed- clarify the authority of the Adminis- Reinvestment Commission to provide eral Insecticide, Fungicide, and trator to disapprove specifications of independent counsel to Congress and Rodenticide Act to improve the use of disposal sites for the discharge of, the Secretary of Health and Human certain registered pesticides. dredged or fill material, and to clarify Services on policy issues associated S. 724 the procedure under which a higher re- with recruitment, retention, research, At the request of Mr. CASEY, the view of specifications may be re- and reinvestment in the profession of name of the Senator from Rhode Island quested. social work, and for other purposes. (Mr. WHITEHOUSE) was added as a co- S. 489 S. 595 sponsor of S. 724, a bill to appropriate At the request of Mr. REED, the name At the request of Mrs. MURRAY, the such funds as may be necessary to en- of the Senator from Alaska (Mr. name of the Senator from Ohio (Mr. sure that members of the Armed

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.024 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2389 Forces, including reserve components S. RES. 138 At the same time, we must recognize thereof, and supporting civilian and At the request of Mrs. GILLIBRAND, that the problem of unequal pay goes contractor personnel continue to re- the names of the Senator from Idaho beyond insidious discrimination. As a ceive pay and allowances for active (Mr. CRAPO), the Senator from Missouri nation, we unjustly devalue jobs tradi- service performed when a funding gap (Mr. BLUNT), the Senator from Maine tionally performed by women, even caused by the failure to enact interim (Ms. COLLINS), the Senator from Mary- when they require comparable skills to or full-year appropriations for the land (Mr. CARDIN) and the Senator from jobs traditionally performed by men. Armed Forces occurs, which results in Montana (Mr. BAUCUS) were added as Today, millions of female-dominated the furlough of non-emergency per- cosponsors of S. Res. 138, a resolution jobs—for example, social workers, sonnel and the curtailment of Govern- calling on the United Nations to re- teachers, child care workers and ment activities and services. scind the Goldstone report, and for nurses—are equivalent in skills, effort, S. 726 other purposes. responsibility and working conditions At the request of Mr. RUBIO, the f to similar jobs dominated by men. But, the female-dominated jobs pay signifi- names of the Senator from Utah (Mr. STATEMENTS ON INTRODUCED cantly less. This is inexplicable. Why is HATCH), the Senator from Arizona (Mr. BILLS AND JOINT RESOLUTIONS MCCAIN) and the Senator from Lou- a housekeeper worth less than a jan- isiana (Mr. VITTER) were added as co- By Mr. HARKIN (for himself, Mr. itor? Why is a parking meter reader sponsors of S. 726, a bill to rescind $45 LEAHY, Mr. KERRY, Mr. AKAKA, worth less than an electrical meter billion of unobligated discretionary ap- Mrs. BOXER, Mrs MURRAY, Mr. reader? Why is a social worker worth propriations, and for other purposes. LAUTENBERG, and Mr. less than a probation officer? S. 733 MERKLEY): To address this more subtle, deep- S. 788. A bill to amend the Fair Labor At the request of Ms. STABENOW, the rooted discrimination, today I am join- name of the Senator from Pennsyl- Standards Act of 1938 to prohibit dis- ing with Representative ELEANOR crimination in the payment of wages vania (Mr. CASEY) was added as a co- HOLMES NORTON to introduce the Fair sponsor of S. 733, a bill to amend part on account of sex, race, or national ori- Pay Act, which will ensure that em- B of title XVIII of the Social Security gin, and for other purposes; to the ployers provide equal pay for jobs that Act to exclude customary prompt pay Committee on Health, Education, are equivalent in skill, effort, responsi- discounts from manufacturers to Labor, and Pensions. bility and working conditions. wholesalers from the average sales Mr. HARKIN. Mr. President, today This important legislation would also price for drugs and biologicals under Americans observe Equal Pay Day—the require employers to publicly disclose Medicare. date that marks the extra days that their job categories and their pay women must work into 2011 in order to S. 740 scales, without requiring specific infor- equal what men earned in 2010. On this At the request of Mr. REED, the name mation on individual employees. If we day, I am proud to introduce the Fair of the Senator from Oregon (Mr. give women information about what Pay Act of 2011, a bill I have introduced WYDEN) was added as a cosponsor of S. their male colleagues are earning, they every Congress since 1996. 740, a bill to revise and extend provi- can negotiate a better deal for them- In 1963, Congress enacted the Equal selves in the workplace. sions under the Garrett Lee Smith Me- Pay Act to end unfair discrimination morial Act. Right now, women who believe they against women in the workforce. While are the victim of pay discrimination S. 782 we have made progress toward this im- must file a lawsuit and endure a drawn- At the request of Mrs. BOXER, the portant goal, nearly half a century out legal discovery process to find out names of the Senator from Oregon (Mr. later, too many women still do not get whether they make less than the man MERKLEY) and the Senator from New paid what men do for the same or near- working beside them. With pay statis- York (Mrs. GILLIBRAND) were added as ly the same work. On average, a tics readily available, this expensive cosponsors of S. 782, a bill to amend the woman makes only 77 cents for every process could be avoided. Public Works and Economic Develop- dollar that a man makes. That trans- The number of lawsuits would surely ment Act of 1965 to reauthorize that lates into an average of $400,000 over go down if employees could see up front Act, and for other purposes. her lifetime that a woman loses be- whether they are being treated fairly. S. RES. 109 cause of unequal pay practices. The cir- In fact, I once asked Lilly Ledbetter: if At the request of Ms. SNOWE, the cumstances are even worse for Latinas the Fair Pay Act had been law, would names of the Senator from Maryland and women of color. it have averted her wage discrimina- (Mr. CARDIN), the Senator from Colo- This is wrong, it is unjust, and it tion case? She said that with the infor- rado (Mr. UDALL), the Senator from threatens the economic security of our mation about pay scales that the bill Connecticut (Mr. LIEBERMAN), the Sen- families. The fact is millions of Ameri- provides, she would have known that ator from Pennsylvania (Mr. CASEY) cans are dependent on a woman’s pay- she was a victim of discrimination and and the Senator from Oregon (Mr. check just to get by, to put food on the could have tried to address the problem MERKLEY) were added as cosponsors of table, pay for child care, and deal with sooner, rather than suffering a lifelong S. Res. 109, a resolution honoring and rising health care bills. Two-thirds of drop in her earnings and a trip all the supporting women in North Africa and mothers bring home at least a quarter way to the Supreme Court to try to the Middle East whose bravery, com- of their family’s earnings. In many make things right. passion, and commitment to putting families, a woman is the sole bread- On this Equal Pay Day, let us make the wellbeing of others before their winner. sure that what happened to Lilly never own have proven that courage can be The evidence shows that discrimina- happens again by recommitting to contagious. tion accounts for much of the pay gap, eliminate discrimination in the work- S. RES. 127 and our laws have not done enough to place and make equal pay for equal At the request of Mr. KERRY, the prevent this discrimination from oc- work a reality. America’s working name of the Senator from Nevada (Mr. curring. That is why passage of the women and the families that rely on REID) was added as a cosponsor of S. Lilly Ledbetter Fair Pay Act was a them deserve fairness on the job. Hope- Res. 127, a resolution designating April critical first step, and why it is impor- fully, soon, we can achieve true equal- 2011 as ‘‘National Child Abuse Preven- tant to pass the Paycheck Fairness ity in the workplace so there is no need tion Month’’. Act, introduced today by Senator MI- to commemorate equal pay day any S. RES. 132 KULSKI and Representative DELAURO, of more. At the request of Mr. NELSON of Ne- which I am a proud original cosponsor. Mr. President, I ask unanimous con- braska, the name of the Senator from There are too many loopholes and bar- sent that the text of the bill be printed New Mexico (Mr. BINGAMAN) was added riers to effective enforcement of our in the RECORD. as a cosponsor of S. Res. 132, a resolu- existing laws. We need to strengthen There being no objection, the text of tion recognizing and honoring the zoos penalties and give women the tools the bill was ordered to be printed in and aquariums of the United States. they need to confront discrimination. the RECORD, as follows:

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.026 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2390 CONGRESSIONAL RECORD — SENATE April 12, 2011 S. 788 which such employees are employed, be- before paragraph (1) by striking ‘‘section Be it enacted by the Senate and House of Rep- tween employees on the basis of sex, race, or 6(d)’’ and inserting ‘‘sections 6 (d) and (h)’’. resentatives of the United States of America in national origin by paying wages to employ- SEC. 4. PROHIBITED ACTS. Congress assembled, ees in such establishment in a job that is Section 15(a) (29 U.S.C. 215(a)) is amended— SECTION 1. SHORT TITLE. dominated by employees of a particular sex, (1) by striking the period at the end of (a) SHORT TITLE.—This Act may be cited as race, or national origin at a rate less than paragraph (5) and inserting a semicolon; and the ‘‘Fair Pay Act of 2011’’. the rate at which the employer pays wages (2) by adding after paragraph (5) the fol- (b) REFERENCE.—Except as provided in sec- to employees in such establishment in an- lowing: tion 8, whenever in this Act an amendment other job that is dominated by employees of ‘‘(6) to discriminate against any individual or repeal is expressed in terms of an amend- the opposite sex or of a different race or na- because such individual has opposed any act ment to, or repeal of, a section or other pro- tional origin, respectively, for work on or practice made unlawful by section 6(h) or vision, the reference shall be considered to equivalent jobs. because such individual made a charge, testi- be made to a section or other provision of ‘‘(B) Nothing in subparagraph (A) shall fied, assisted, or participated in any manner the Fair Labor Standards Act of 1938 (29 prohibit the payment of different wage rates in an investigation, proceeding, or hearing to U.S.C. 201 et seq.). to employees where such payment is made enforce section 6(h); or SEC. 2. FINDINGS. pursuant to— ‘‘(7) to discharge or in any other manner Congress finds the following: ‘‘(i) a seniority system; discriminate against, coerce, intimidate, (1) Wage rate differentials exist between ‘‘(ii) a merit system; threaten, or interfere with any employee or equivalent jobs segregated by sex, race, and ‘‘(iii) a system that measures earnings by any other person because the employee in- national origin in Government employment quantity or quality of production; or quired about, disclosed, compared, or other- and in industries engaged in commerce or in ‘‘(iv) a differential based on a bona fide fac- wise discussed the employee’s wages or the the production of goods for commerce. tor other than sex, race, or national origin, wages of any other employee, or because the (2) The existence of such wage rate dif- such as education, training, or experience, employee exercised, enjoyed, aided, or en- ferentials— except that this clause shall apply only if— couraged any other person to exercise or (A) depresses wages and living standards ‘‘(I) the employer demonstrates that— enjoy any right granted or protected by sec- for employees necessary for their health and ‘‘(aa) such factor— tion 6(h).’’. ‘‘(AA) is job-related with respect to the po- efficiency; SEC. 5. REMEDIES. sition in question; or (B) prevents the maximum utilization of (a) ENHANCED PENALTIES.—Section 16(b) (29 ‘‘(BB) furthers a legitimate business pur- the available labor resources; U.S.C. 216(b)) is amended— pose, except that this item shall not apply if (C) tends to cause labor disputes, thereby (1) by inserting after the first sentence the the employee demonstrates that an alter- burdening, affecting, and obstructing com- following: ‘‘Any employer who violates sub- native employment practice exists that merce; section (d) or (h) of section 6 shall addition- would serve the same business purpose with- (D) burdens commerce and the free flow of ally be liable for such compensatory or puni- out producing such differential and that the goods in commerce; and tive damages as may be appropriate, except employer has refused to adopt such alter- (E) constitutes an unfair method of com- that the United States shall not be liable for native practice; and petition. punitive damages.’’; ‘‘(bb) such factor was actually applied and (3) Discrimination in hiring and promotion (2) in the sentence beginning ‘‘An action used reasonably in light of the asserted jus- has played a role in maintaining a seg- to’’, by striking ‘‘either of the preceding sen- tification; and regated work force. tences’’ and inserting ‘‘any of the preceding ‘‘(II) upon the employer succeeding under (4) Many women and people of color work sentences of this subsection’’; subclause (I), the employee fails to dem- in occupations dominated by individuals of (3) in the sentence beginning ‘‘No employ- onstrate that the differential produced by their same sex, race, and national origin. ees’’, by striking ‘‘No employees’’ and insert- the reliance of the employer on such factor (5)(A) In 2009, a woman in the United ing ‘‘Except with respect to class actions is itself the result of discrimination on the States working in a full-time, year-round job brought under subsection (f), no employee’’; basis of sex, race, or national origin by the earned 77 cents for every dollar earned by a (4) in the sentence beginning ‘‘The court employer. man working in a full-time, year-round job. in’’, by striking ‘‘in such action’’ and insert- ‘‘(C) The Equal Employment Opportunity (B) A 2007 study found that - even when ac- ing ‘‘in any action brought to recover the li- Commission shall issue guidelines specifying counting for key factors generally known to ability prescribed in any of the preceding criteria for determining whether a job is influence earnings such as race, educational sentences of this subsection’’; and dominated by employees of a particular sex, attainment, and experience - nearly half (49.3 (5) by striking ‘‘section 15(a)(3)’’ each place race, or national origin for purposes of sub- percent) of the pay gap can be explained by it occurs and inserting ‘‘paragraphs (3), (6), paragraph (B)(iv). Such guidelines shall not differences in the industries and occupations and (7) of section 15(a)’’. include a list of such jobs. that men and women work in, and 41 percent ‘‘(D) An employer who is paying a wage (b) ACTION BY SECRETARY.—Section 16(c) (29 of the pay gap cannot be accounted for but rate differential in violation of subparagraph U.S.C. 216(c)) is amended— may be partially explained by discrimination (A) shall not, in order to comply with the (1) in the first sentence— in the workplace. provisions of such subparagraph, reduce the (A) by inserting ‘‘or, in the case of a viola- (6) Section 6(d) of the Fair Labor Stand- wage rate of any employee. tion of subsection (d) or (h) of section 6, addi- ards Act of 1938 prohibits discrimination in ‘‘(2) No labor organization or its agents tional compensatory or punitive damages,’’ compensation for ‘‘equal work’’ on the basis representing employees of an employer hav- before ‘‘and the agreement’’; and of sex. ing employees subject to any provision of (B) by inserting before the period the fol- (7) Artificial barriers to the elimination of this section shall cause or attempt to cause lowing: ‘‘, or such compensatory or punitive discrimination in compensation based upon such an employer to discriminate against an damages, as appropriate’’; sex, race, and national origin continue to employee in violation of paragraph (1)(A). (2) in the second sentence, by inserting be- exist more than 4 decades after the passage ‘‘(3) For purposes of administration and en- fore the period the following: ‘‘and, in the of section 6(d) of the Fair Labor Standards forcement of this subsection, any amounts case of a violation of subsection (d) or (h) of Act of 1938, the Equal Pay Act of 1963, and owing to any employee that have been with- section 6, additional compensatory or puni- the Civil Rights Act of 1964 (42 U.S.C. 2000a et held in violation of paragraph (1)(A) shall be tive damages’’; and seq.). Elimination of such barriers would deemed to be unpaid minimum wages or un- (3) in the third sentence, by striking ‘‘the have positive effects, including— paid overtime compensation under this sec- first sentence’’ and inserting ‘‘the first or (A) providing a solution to problems in the tion or section 7. second sentence’’. economy created by discrimination through ‘‘(4) In this subsection: (c) FEES.—Section 16 (29 U.S.C. 216) is wage rate differentials; ‘‘(A) The term ‘labor organization’ means amended by adding at the end the following: (B) substantially reducing the number of any organization of any kind, or any agency ‘‘(f) In any action brought under this sec- working women and people of color earning or employee representation committee or tion for a violation of section 6(h), the court low wages, thereby reducing the dependence plan, in which employees participate and shall, in addition to any other remedies on public assistance; and that exists for the purpose, in whole or in awarded to the prevailing plaintiff or plain- (C) promoting stable families by enabling part, of dealing with employers concerning tiffs, allow expert fees as part of the costs. working family members to earn a fair rate grievances, labor disputes, wages, rates of Any such action may be maintained as a of pay. pay, hours of employment, or conditions of class action as provided by the Federal Rules SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. work. of Civil Procedure.’’. (a) AMENDMENT.—Section 6 (29 U.S.C. 206) ‘‘(B) The term ‘equivalent jobs’ means jobs SEC. 6. RECORDS. is amended by adding at the end the fol- that may be dissimilar, but whose require- (a) RECORDS.—Section 11(c) (29 U.S.C. lowing: ments are equivalent, when viewed as a com- 211(c)) is amended— ‘‘(h)(1)(A) Except as provided in subpara- posite of skills, effort, responsibility, and (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and graph (B), no employer having employees working conditions.’’. (2) by adding at the end the following: subject to any provision of this section shall (b) CONFORMING AMENDMENT.—Section 13(a) ‘‘(2) Every employer subject to section 6(h) discriminate, within any establishment in (29 U.S.C. 213(a)) is amended in the matter shall preserve records that document and

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.028 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2391 support the method, system, calculations, required to be submitted under paragraph (3) following: ‘‘or, in an appropriate case, under and other bases used by the employer in es- and such other reasonable rules and regula- section 16(f) of such Act’’. tablishing, adjusting, and determining the tions as the Equal Employment Opportunity SEC. 9. EFFECTIVE DATE. wage rates paid to the employees of the em- Commission may find necessary to prevent The amendments made by this Act shall ployer. Every employer subject to section the circumvention or evasion of such report- take effect 1 year after the date of enact- 6(h) shall preserve such records for such peri- ing requirements. In exercising the author- ment of this Act. ods of time, and shall make such reports ity of the Equal Employment Opportunity from the records to the Equal Employment Commission under paragraph (3), the Equal By Mr. AKAKA: Opportunity Commission, as shall be pre- Employment Opportunity Commission may S. 790. A bill to provide for manda- scribed by the Equal Employment Oppor- prescribe by general rule simplified reports tory training for Federal Government tunity Commission by regulation or order as for employers for whom the Equal Employ- supervisors and the assessment of man- necessary or appropriate for the enforcement ment Opportunity Commission finds that be- agement competencies; to the Com- of the provisions of section 6(h) or any regu- cause of the size of the employers a detailed mittee on Homeland Security and Gov- lation promulgated pursuant to section report would be unduly burdensome.’’. ernmental Affairs. 6(h).’’. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL (b) SMALL BUSINESS EXEMPTIONS.—Section ASSISTANCE PROGRAM; REPORT TO Mr. AKAKA. Mr. President, I rise 11(c) (as amended by subsection (a)) is fur- CONGRESS. today to reintroduce the Federal Su- ther amended by adding at the end the fol- Section 4(d) (29 U.S.C. 204(d)) is amended pervisor Training Act. lowing: by adding at the end the following: Properly trained supervisors are crit- ‘‘(3) Every employer subject to section 6(h) ‘‘(4) The Equal Employment Opportunity ical to the federal government’s ability that has 25 or more employees on any date Commission shall conduct studies and pro- to efficiently and effectively provide during the first or second year after the ef- vide information and technical assistance to essential services to the American peo- fective date of this paragraph, or 15 or more employers, labor organizations, and the gen- ple. First-level supervisors have close employees on any date during any subse- eral public concerning effective means avail- quent year after such second year, shall, in able to implement the provisions of section contact and frequent interaction with accordance with regulations promulgated by 6(h) prohibiting wage rate discrimination be- our Federal employees and thus have the Equal Employment Opportunity Com- tween employees performing work in equiva- the most significant impact on em- mission under paragraph (8), prepare and lent jobs on the basis of sex, race, or na- ployee performance. submit to the Equal Employment Oppor- tional origin. Such studies, information, and Investing in first-level supervision tunity Commission for the year involved a technical assistance shall be based on and in- could yield enormous positive returns. report signed by the president, treasurer, or clude reference to the objectives of such sec- Research has shown that supervisory corresponding principal officer, of the em- tion to eliminate such discrimination. In ployer that includes information that dis- skills strongly predict agency perform- order to achieve the objectives of such sec- ance and that improving the quality of closes the wage rates paid to employees of tion, the Equal Employment Opportunity the employer in each classification, position, Commission shall carry on a continuing pro- first-level supervision is one of the or job title, or to employees in other wage gram of research, education, and technical most effective ways to improve an groups employed by the employer, including assistance including— agency’s performance. According to a information with respect to the sex, race, ‘‘(A) conducting and promoting research 2010 Merit Systems Protection Board and national origin of employees at each with the intent of developing means to expe- report entitled ‘‘A Call to Action: Im- wage rate in each classification, position, job ditiously correct the wage rate differentials proving First-Level Supervision of Fed- title, or other wage group.’’. described in section 6(h); (c) PROTECTION OF CONFIDENTIALITY.—Sec- eral Employees,’’ the fastest and most ‘‘(B) publishing and otherwise making direct way to strengthen Federal work- tion 11(c) (as amended by subsections (a) and available to employers, labor organizations, (b)) is further amended by adding at the end professional associations, educational insti- force performance is to improve the su- the following: tutions, the various media of communica- pervision employees receive. ‘‘(4) The rules and regulations promulgated tion, and the general public the findings of For managers and supervisors in the by the Equal Employment Opportunity Com- studies and other materials for promoting Federal Government, few things are mission under paragraph (8), relating to the compliance with section 6(h); more important than training. Super- form of such a report, shall include require- ‘‘(C) sponsoring and assisting State and visor training programs improve com- ments to protect the confidentiality of em- community informational and educational ployees, including a requirement that the re- munication, promote stronger man- programs; and ager-employee relationships, reduce port shall not contain the name of any indi- ‘‘(D) providing technical assistance to em- vidual employee.’’. ployers, labor organizations, professional as- conflict, and cultivate efficiency. (d) USE; INSPECTIONS; EXAMINATION; REGU- sociations and other interested persons on Conversely, poor supervision can LATIONS.—Section 11(c) (as amended by sub- means of achieving and maintaining compli- damage agency performance and em- sections (a) through (c)) is further amended ance with the provisions of section 6(h). ployee morale, which undermines agen- by adding at the end the following: ‘‘(5) The report submitted biennially by the cy performance and wastes money. The ‘‘(5) The Equal Employment Opportunity Secretary to Congress under paragraph (1) Commission may publish any information National Academy of Public Adminis- shall include a separate evaluation and ap- and data that the Equal Employment Oppor- tration reported that while it is dif- praisal regarding the implementation of sec- tunity Commission obtains pursuant to the ficult to quantify the precise cost of tion 6(h).’’. provisions of paragraph (3). The Equal Em- supervisory deficiencies, even a small ployment Opportunity Commission may use SEC. 8. CONFORMING AMENDMENTS. deficiency could result in a loss of bil- the information and data for statistical and (a) CONGRESSIONAL EMPLOYEES.— lions of dollars, and that without solid research purposes, and compile and publish (1) APPLICATION.—Section 203(a)(1) of the Congressional Accountability Act of 1995 (2 programs for developing first level su- such studies, analyses, reports, and surveys pervisors, agencies pay an enormous based on the information and data as the U.S.C. 1313(a)(1)) is amended— Equal Employment Opportunity Commission (A) by striking ‘‘subsections (a)(1) and (d) price. Simply stated, investing in su- may consider appropriate. of section 6’’ and inserting ‘‘subsections pervisory training in the Federal Gov- ‘‘(6) In order to carry out the purposes of (a)(1), (d), and (h) of section 6’’; and ernment now will save us money later. this Act, the Equal Employment Oppor- (B) by striking ‘‘206 (a)(1) and (d)’’ and in- The need for effective supervisor tunity Commission shall by regulation make serting ‘‘206 (a)(1), (d), and (h)’’. training is becoming even more press- reasonable provision for the inspection and (2) REMEDIES.—Section 203(b) of such Act (2 ing given the large number of Federal examination by any person of the informa- U.S.C. 1313(b)) is amended by inserting before employees who are expected to retire the period the following: ‘‘or, in an appro- tion and data contained in any report sub- in the next few years. The Office of mitted to the Equal Employment Oppor- priate case, under section 16(f) of such Act tunity Commission pursuant to paragraph (29 U.S.C. 216(f))’’. Personnel Management estimates that (3). (b) EXECUTIVE BRANCH EMPLOYEES.— by the year 2014, approximately 53 per- ‘‘(7) The Equal Employment Opportunity (1) APPLICATION.—Section 413(a)(1) of title cent of permanent full-time Federal Commission shall by regulation provide for 3, United States Code, as added by section employees will be eligible to retire, and the furnishing of copies of reports submitted 2(a) of the Presidential and Executive Office the majority of those eligible will re- to the Equal Employment Opportunity Com- Accountability Act (Public Law 104–331; 110 tire. Because supervisors tend to be mission pursuant to paragraph (3) to any Stat. 4053), is amended by striking ‘‘sub- older and have more years of service person upon payment of a charge based upon sections (a)(1) and (d) of section 6’’ and in- the cost of the service. serting ‘‘subsections (a)(1), (d), and (h) of sec- than non-supervisors, supervisors are ‘‘(8) The Equal Employment Opportunity tion 6’’. likely to retire at faster rates than Commission shall issue rules and regulations (2) REMEDIES.—Section 413(b) of such title non-supervisors. In light of the ex- prescribing the form and content of reports is amended by inserting before the period the pected retirement wave, training a new

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.028 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2392 CONGRESSIONAL RECORD — SENATE April 12, 2011 generation of federal supervisors is a S. 790 ‘‘(B) The Director of the Office of Per- matter of national urgency. Be it enacted by the Senate and House of Rep- sonnel Management may establish and ad- minister procedures under which the head of The Federal Supervisor Training Act resentatives of the United States of America in Congress assembled, an agency may extend the 1-year period de- will require that new supervisors re- scribed under subparagraph (A) with respect SECTION 1. SHORT TITLE. ceive training on specified topics, in- to an individual. This Act may be cited as the ‘‘Federal Su- ‘‘(2) After completion of a program under cluding whistleblower and anti-dis- pervisor Training Act of 2011’’. crimination rights, during their initial subsection (b)(2) (A) and (B), each supervisor SEC. 2. MANDATORY TRAINING PROGRAMS FOR shall be required to complete a program 12 months on the job, unless the Office SUPERVISORS. under subsection (b)(2) (A) and (B) at least of Personnel Management grants an ex- (a) IN GENERAL.—Section 4121 of title 5, once every 3 years. tension to their employing agency. Su- United States Code, is amended— ‘‘(3) Each program established under sub- pervisors will be required to update (1) by inserting before ‘‘In consultation section (b)(2) shall include provisions under their training once every three years. with’’ the following: which credit shall be given for periods of ‘‘(a) In this section, the term ‘supervisor’ Current supervisors will have three similar training previously completed. means— ‘‘(4) Each agency shall measure the effec- years to obtain their initial training. ‘‘(1) a supervisor as defined under section tiveness of training programs established This bill will also require agencies to 7103(a)(10); under subsection (b)(2). implement a program whereby experi- ‘‘(2) a management official as defined ‘‘(e) Notwithstanding section 4118(c), the enced supervisors mentor new super- under section 7103(a)(11); and Director of the Office of Personnel Manage- visors. ‘‘(3) any other employee as the Director of ment shall prescribe regulations to carry out the Office of Personnel Management may by this section, including the monitoring of In addition, the Federal Supervisor regulation prescribe.’’; agency compliance with this section. Regu- Training Act will require the Office of (2) by striking ‘‘In consultation with’’ and lations prescribed under this subsection shall Personnel Management to issue guid- inserting ‘‘(b) Under operating competencies include measures by which to assess the ef- ance to agencies on competencies su- prescribed by, and in consultation with,’’; fectiveness of agency supervisor training pervisors are expected to meet in order and programs.’’. (b) REPORT ON EXTENSIONS FOR TRAINING to effectively supervise employees. (3) by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of REQUIREMENTS.— Based on this guidance, or any addi- (1) APPROPRIATE CONGRESSIONAL COMMIT- tional competencies established by em- the amendment under paragraph (2) of this subsection) and inserting the following: TEES.—In this subsection, the term ‘‘appro- priate congressional committees’’ means— ploying agencies, each agency will be ‘‘(2)(A) a program to provide training to (A) the Committee on Homeland Security required to assess the performance of supervisors on actions, options, and strate- and Governmental Affairs of the Senate; and its supervisors. gies a supervisor may use in— (B) the Committee on Oversight and Gov- ‘‘(i) developing and discussing relevant This bill builds upon supervisor ernment Reform of the House of Representa- goals and objectives together with the em- training requirements under the Fed- tives. ployee, communicating and discussing eral Workforce Flexibility Act of 2004, (2) REPORT.—Not later than 2 years after progress relative to performance goals and the date of enactment of this Act and annu- which directs agencies to establish objectives and conducting performance ap- ally thereafter, the Director of the Office of training programs that develop super- praisals; Personnel Management shall submit a report visors, and to establish programs to ‘‘(ii) mentoring and motivating employees provide additional training to super- with respect to the preceding fiscal year to and improving employee performance and the appropriate congressional committees visors in three areas—dealing with productivity; on— poor performers, mentoring employees ‘‘(iii) fostering a work environment char- (A) the number of extensions granted and improving their performance, and acterized by fairness, respect, equal oppor- under section 4121(d)(1)(B) of title 5, United conducting performance appraisals. tunity, and attention paid to the merit of States Code, as added by subsection (a) of the work of employees; I am delighted that this bill has re- this section; and ‘‘(iv) effectively managing employees with (B) the number of individuals completing ceived support from the Government unacceptable performance; the requirements of section 4121(d)(1)(A) of Managers Coalition, which represents ‘‘(v) addressing reports of a hostile work title 5, United States Code, as added by sub- members of the Senior Executives As- environment, reprisal, or harassment of, or section (a) of this section. sociation, the Federal Managers Asso- by, another supervisor or employee; (c) REGULATIONS.—Not later than 1 year ciation, the Professional Managers As- ‘‘(vi) meeting supervisor competencies es- after the date of enactment of this Act, the tablished by the Office of Personnel Manage- sociation, the Federal Aviation Admin- Director of the Office of Personnel Manage- ment or the employing agency of the super- ment shall prescribe regulations under sec- istration Managers Association, and visor; and tion 4121(e) of title 5, United States Code, as the National Council of Social Security ‘‘(vii) otherwise carrying out the duties or added by subsection (a) of this section. Management Associations. Addition- responsibilities of a supervisor; (d) EFFECTIVE DATE AND APPLICATION.— ally, it is supported by some of the ‘‘(B) a program to provide training to su- (1) IN GENERAL.—The amendments made by largest federal sector labor organiza- pervisors on the prohibited personnel prac- this section shall take effect 1 year after the tions, including the American Federa- tices under section 2302 (particularly with re- date of enactment of this Act and apply to— tion of Government Employees, the Na- spect to such practices described under sub- (A) each individual appointed to the posi- section (b) (1) and (8) of that section), em- tion of a supervisor, as defined under section tional Treasury Employees Union, the ployee collective bargaining and union par- 4121(a) of title 5, United States Code (as National Federation of Federal Em- ticipation rights, and the procedures and added by subsection (a) of this section), on or ployees, and the International Federa- processes used to enforce employee rights; after that effective date; and tion of Professional and Technical En- and (B) each individual who is employed in the gineers. Finally, this bill is supported ‘‘(C) a program under which experienced position of a supervisor on that effective by the Partnership for Public Service, supervisors mentor new supervisors by— date as provided under paragraph (2). a non-profit, non-partisan organization ‘‘(i) transferring knowledge and advice in (2) SUPERVISORS ON EFFECTIVE DATE.—Each which works to find ways to improve areas such as communication, critical think- individual who is employed in the position of ing, responsibility, flexibility, motivating a supervisor on the effective date of this sec- the government’s ability to provide employees, teamwork, leadership, and pro- tion and is not subject to an extension under services to citizens. I believe the broad fessional development; and section 4121(d)(1)(B) of title 5, United States support from management associa- ‘‘(ii) pointing out strengths and areas for Code (as added by subsection (a) of this sec- tions, labor organizations, and outside development. tion) shall be required to— good government groups demonstrates ‘‘(c) Training in programs established (A) complete each program established the need for this bill. under subsection (b)(2) (A) and (B) shall be— under section 4121(b)(2) of title 5, United ‘‘(1) interactive training which may in- States Code (as added by subsection (a) of I urge my colleagues to support this clude computer-based training; and this section), not later than 3 years after the important legislation. ‘‘(2) to the extent practicable as deter- effective date of this section; and Mr. President, I ask unanimous con- mined by the head of the agency, training (B) complete programs every 3 years there- sent that the text of the bill be printed that is instructor-based. after in accordance with section 4121(d) (2) in the RECORD. ‘‘(d)(1)(A) Not later than 1 year after the and (3) of that title (as added by subsection date on which an individual is appointed to (a) of this section). There being no objection, the text of the position of supervisor, that individual SEC. 3. MANAGEMENT COMPETENCIES. the bill was ordered to be printed in shall be required to have completed each (a) IN GENERAL.—Chapter 43 of title 5, the RECORD, as follows: program established under subsection (b)(2). United States Code, is amended—

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.015 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2393 (1) by redesignating section 4305 as section ment was slow to implement Federal worked. They often took contaminated 4306; and protections. As a result, a generation clothing home for laundering, unaware (2) inserting after section 4304 the fol- of Americans who worked in the mines of the hazards and with no other option lowing: and lived near testing sites became for cleaning. Many also report that ‘‘§ 4305. Management competencies sick with serious diseases like lung ventilation to prevent unnecessary ex- ‘‘(a) In this section, the term ‘supervisor’ cancer and kidney disease. posure was not provided in their work means— Much of the United States’ uranium areas. ‘‘(1) a supervisor as defined under section development and weapons testing oc- 7103(a)(10); Today, these workers continue to ‘‘(2) a management official as defined curred in New Mexico and the West. suffer and die from illnesses related to under section 7103(a)(11); and Mines and mills drew workers into radiation exposure. But because their ‘‘(3) any other employee as the Director of rural communities. These workers, and employment dates began after 1971, the the Office of Personnel Management may by much of the country, were unaware of cut-off included in the original RECA regulation prescribe. the dangers of radiation exposure. As legislation, they have no opportunity ‘‘(b) The Director of the Office of Personnel mining and milling continued and our for compensation. Our bill changes Management shall issue guidance to agencies national understanding of the dangers that. If the measure passes, individuals on competencies supervisors are expected to of radiation exposure developed, the meet in order to effectively manage, and be working between 1971 and 1990 will accountable for managing, the performance Federal Government continued to fail qualify to claim compensation for ex- of employees. to ensure that uranium workers and posure-related diseases. ‘‘(c) Based on guidance issued under sub- their families were safe from the haz- The bill we’re introducing today section (b) and on any additional com- ards of exposure to radioactive mate- would also expand the geographic areas petencies developed by an agency, each agen- rials. As a result, numerous illnesses that qualify for downwind compensa- cy shall assess the performance of the super- and cancers began to emerge in the tion to include New Mexico, Idaho, visors and the overall capacity of the super- men and women who worked in the Montana, Colorado, and Guam. And for visors in that agency. uranium mining industry and lived ‘‘(d) Every year, or on any basis requested the first time, the bill recognizes down- by the Director of the Office of Personnel downwind of weapons testing sites. wind exposure from the original atomic Management, each agency shall submit a re- In my home State of New Mexico, the weapons test site—the Site in port to the Office of Personnel Management Pueblo of Laguna was home to the na- New Mexico. on the progress of the agency in imple- tion’s largest open pit uranium mine. Those exposed as a result of above- menting this section, including measures Additionally, many large and small ground weapons tests would receive in- used to assess program effectiveness.’’. mines and mill sites were opened with- creased compensation as a result of (b) TECHNICAL AND CONFORMING AMEND- in the Navajo Nation. In fact, much of MENTS.— passage of the bill being introduced the State’s northwestern area is spack- today. This would make their com- (1) TABLE OF SECTIONS.—The table of sec- led with hundreds of abandoned ura- tions for chapter 43 of title 5, United States pensation consistent with their coun- Code, is amended by striking the item relat- nium mines. Workers from across the terparts who worked in mines and ing to section 4305 and inserting the fol- State came to these mines and mills, mills. especially from the economically lowing: Comprehensive epidemiological re- struggling communities of rural New ‘‘4305. Management competencies. search on the impacts of uranium de- ‘‘4306. Regulations.’’. Mexico. In the late ’70s, my father, Stewart velopment on communities and fami- (2) REFERENCE.—Section 4304(b)(3) of title lies of uranium workers is long over- 5, United States Code, is amended by strik- Udall, took up the fight for these work- ers. In 1979, my father filed 32 claims due. Our legislation would authorize ing ‘‘section 4305’’ and inserting ‘‘section funding for the National Institute of 4306’’. against the Department of Energy on behalf of widows of deceased Navajo Environmental Health Sciences to By Mr. UDALL of New Mexico uranium miners. In many ways, this award grants to universities and non- (for himself, Mr. BINGAMAN, Mr. marked the beginning of the fight for profits to carry out such research. BENNET, Mr. CRAPO, Mr. UDALL compensation for all uranium workers. Many who have suffered as a result of of Colorado, and Mr. RISCH): I remember working those years with cold war uranium and weapons develop- S. 791. A bill to amend the Radiation my whole family to collect information ment do not have the documentation Exposure Compensation Act to improve and push for recognition. It was a fam- to prove their exposure. Often, mines compensation for workers involved in ily effort to fight injustice, and for me, and mills did not keep proper docu- uranium mining, and for other pur- it continues to be a family priority. mentation of their workers, and many poses; to the Committee on the Judici- Ten years later, the original RECA leg- communities impacted do not have a ary. islation was passed in the United tradition of keeping birth and marriage Mr. UDALL of New Mexico. Mr. States Congress, giving a level of res- certification. The RECA Amendments President, I rise today to introduce the titution to sick miners and millers, as of 2011 would broaden the use of affida- Radiation Exposure Compensation Act well as individuals downwind of nu- vits to substantiate employment his- Amendments of 2011. The Radiation Ex- clear tests. The RECA legislation was tory and residence in an affected down- posure Compensation Act, known as later expanded upon through an wind area. RECA, was first passed in 1990 after amendment adopted in 2000. Employees would also be able to years of work and litigation. The act The legislation we introduce today combine their time worked in multiple was later improved in 2000 through takes the next step to address the re- positions to meet the work-time re- amendments made by Congress, and maining shortfalls of the Radiation Ex- quirements for compensation in the today I am joined by my colleagues, posure Compensation Act. original RECA legislation if today’s Senators BINGAMAN, BENNET, CRAPO, Specifically, the bill would include legislation is adopted. MARK UDALL, and RISCH, to once again post-1971 uranium workers as qualified Finally, this legislation would allow improve the act through introduction claimants. While the Federal Govern- miners to be compensated for kidney of this legislation. ment ceased purchase of domestic ura- disease. And it would allow core This bill honors the individuals who nium in 1971, implementation of Fed- drillers to join miners, millers, and ore unwittingly gave their health and even eral work safety standards was slow transporters on the current list of ura- their lives to national efforts to de- and regulation of mines was poor. As a nium workers who qualify for com- velop uranium and a Cold War nuclear result, thousands of miners and millers pensation under the Act. arsenal during the mid-20th century. were never made aware of the dangers For more than two decades now, the Some Americans were sickened of the yellow cake they handled on a United States has tried to compensate through exposure to aboveground regular basis. In recently conducted in some way for the sickness and loss atomic weapons tests, and others were surveys, the majority of uranium of life that came as a result of cold war exposed to heavy doses of radiation workers from this time period report era uranium and weapons development. from working in the uranium mining that they did not have showers or Much has been accomplished, but today industry. All the while, the govern- washbasins in the mines where they we are taking the next step to close

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.029 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2394 CONGRESSIONAL RECORD — SENATE April 12, 2011 this sad chapter in history and to im- lost almost all their worldly posses- and knew, or should have known, this prove the reach of compassionate com- sions in this flood. I talked to her a couple wasn’t eligible. Yet they gave pensation to those Americans who have week or so ago, and she told me they her this money, and now they want it suffered, but have not qualified under were able to save a few items of glass- all back with penalties and interest, et RECA in its current form. ware and a few keepsakes from the cetera. Thousands continue to suffer from family, but basically everything was So I have filed the Disaster Assist- deadly illnesses as a result of radiation either washed away in the water or so ance Recoupment Fairness Act, and we exposure, but many do not qualify for caked with mud it was ruined during actually have it in two forms. We have compensation because they began em- the flood. The $27,000 helped repair it as a stand-alone measure, and we ployment after 1971, or because they their home and make it habitable, but also have it as an amendment to the worked for a short time in several dif- it didn’t restore their home anywhere bill that is pending on the floor right ferent mines and mills. Others qualify close to the condition it was before the now. for a level of compensation, but still flood. This was their dream home— The important point of this story is struggle to pay the expensive medical their retirement home. They live right that all of the mistakes that were bills associated with their illnesses. there on the White River. It is a beau- made were on FEMA’s side of the equa- I look forward to working with my tiful part of the State. tion. The couple in Arkansas made no colleagues to recognize these individ- So they got this letter a couple of mistakes. They followed the rules, uals and expand RECA to include all weeks ago. Now, bear in mind this went through the process, went who are justified in receiving radiation flood happened 3 years ago—the flood through the hearings. There is no alle- exposure compensation, and I urge the happened 3 years ago—and they are gation of fraud or that the couple in Judiciary Committee, the committee now required, under the rules and regs any way misled anyone. They gave of jurisdiction, to expedite hearing on and the law that FEMA works with, to them the documents and did every- this important piece of legislation. pay all this money back. As I said be- thing they were supposed to do. It was fore, this is a terrible hardship. textbook. They did everything they By Mr. PRYOR: As it turns out, what happened is were supposed to do, but FEMA is now S. 792. A bill to authorize the waiver these folks, although they were assured coming back and asking for of certain debts relating to assistance by FEMA they were eligible, they were recoupment. provided to individuals and households actually never qualified to receive this So our bill will not give a blanket ex- since 2005; to the Committee on Home- money. They didn’t know that. They ception, but what it will do is give the land Security and Governmental Af- had FEMA in their living room telling FEMA Administrator the authority, fairs. them they were qualified and they under circumstances he deems fit, to Mr. PRYOR. Mr. President, I want to should receive the money; that they waive the debt that is owed to the talk just for a few minutes about an in- met all the tests and standards and United States in cases where funds cident that is unfolding in Arkansas, that is what this program was for, to were distributed by a FEMA error, as and that I am sure is unfolding in other help people like them. However, there in this case. Also, it gives them the dis- States as well. was one technicality, and that was that cretion that they do not have under Less than 2 weeks ago, a 73-year-old the county in which they lived had not current Federal law. woman and her husband received a let- passed an ordinance to go into the I met with Director Fugate on this a ter from FEMA, where FEMA de- FEMA flood insurance program. Here, week or two ago, and actually we had a manded that this couple pay back again, FEMA should have known this. very constructive meeting. I think $27,000 in FEMA assistance they had re- FEMA apparently went to some of probably on a personal level he under- ceived 3 years earlier, and that they do the county meetings where it was dis- stands this. He feels bad about this. so within 30 days or face penalties, in- cussed and voted down. But, nonethe- But he believes his hands are tied terest, et cetera. Well, this was dev- less, FEMA assured these people they under the statute. I am not 100 percent astating news for her. These are Social would be covered under this program. sure they are but he says they are. He Security recipients. They lost every- The irony of all this is that the cou- tried to be very helpful, very accommo- thing in a flood. ple, when they bought their home on dating. I think he does want to work But let me back up and tell the full the White River, one of the pre- with all the parties involved to try to story, and then tell the rest of the conditions or requirements they set for clean this up. But he says he does not story. Three years ago, Arkansas had themselves was they would purchase have the authority. some floods on the White River, and flood insurance. They had it for a num- That is where this bill comes in. We the folks in the Mountain View area, ber of years. They paid premiums for a wish to give the FEMA Director the some of them, experienced very severe number of years. They never experi- authority to have some discretion on flooding. FEMA actually came to this enced a flood, but they paid premiums some of these hardship type cases, es- couple’s house, walked around, and for a number of years. pecially where the person who received told them on the spot they were eligi- Finally, the insurance company that the benefit did it purely by a FEMA ble to receive FEMA assistance for the offered the flood insurance got out of error. Again, in their case, they put flooding. The maximum you can re- the business, and so they even went to every dime of their recovery back into ceive is $30,000. So they filled out the the extent of going through Lloyds of their home to have it livable. Other- paperwork. London to get flood insurance. They wise they probably would have had to In fact, FEMA helped them do some paid a lot of money for a premium, but abandon their home or sell the prop- of that, like I said, on the spot, while they, nonetheless, carried that as long erty or whatever the case may have FEMA was visiting their home and as it was offered. Finally, it wasn’t of- been. looking at their property. FEMA as- fered any longer, and the only thing That is what we are asking of the sured her they would qualify for this left was the FEMA National Flood In- Senate, if they would consider this at assistance. So they filled out the pa- surance Program. But because the the proper time. I ask my colleagues to perwork and they went through the county had not done what they were take a look at it. My guess is, since we process. supposed to do, this couple, therefore, have 35 households in our State that Apparently, at some point, there was was not eligible to receive the FEMA are receiving these types of letters even an appeal or some sort of clari- flood money—again, no fault of their from FEMA, these demand letters fication. So it went through the proper own. They had done everything any- where they are giving a notice of debt channels at FEMA. Remember, FEMA body could do. They had paid their pre- to folks who have received money, my was there, they took pictures, and the miums out of their pockets as long as guess is if we have 35 in our State there whole deal. They verified the damage. they could, as long as they could find are hundreds and maybe thousands So this couple received $27,000 in FEMA insurance, and as that was canceled around the country in a similar situa- assistance. over the years, the county hadn’t come tion. They put every dime back into their through. But, apparently, FEMA was Again, our bill is just for FEMA’s home. This is a couple who basically actually there at the county meetings mistakes. This is probably an example

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.036 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2395 of the cleanup from the previous FEMA forgotten about this tragedy. I have incentives in our justice system that administration. I think Director met with the families of the 11 men promote responsible business practices Fugate had nothing to do with this. It killed, and I will never forget them. lose their force. These difficult finan- took them 3 years because there was a The tax treatment that the responsible cial times require us to close irrespon- lawsuit in the meantime. companies will receive if we do not act sible tax loopholes. We can start with What this is doing is creating a hard- will just add insult to injury. this one, which treats corporate mis- ship for folks who had been playing by Let us also not forget Exxon’s mis- conduct as a cost of doing business. the rules. It gives FEMA the flexibility conduct in 1989. I have chaired several Mr. President, I ask unanimous con- to do some of the cleanup in a way that hearings on Exxon’s misconduct, which sent that the text of the bill be printed doesn’t harm ordinary citizens here in led to an ecological and human disaster in the RECORD. the United States. I ask my colleagues that affects Alaskans even today. A There being no objection, the text of to take a look at it. I would be pleased jury awarded $5 billion in punitive the bill was ordered to be printed in to answer any questions. If anyone has damages against Exxon for its actions, the RECORD, as follows: those, they can always contact me in which devastated an entire region, the S. 794 my office. What I wish to do is not call livelihoods of its people, and destroyed Be it enacted by the Senate and House of Rep- it up at this point or anything like a way of life. For more than a decade resentatives of the United States of America in that but maybe be in the queue and be Exxon fought this measure of account- Congress assembled, available at sometime in the future. ability all the way to the United States SECTION 1. SHORT TITLE. Supreme Court. A divided Supreme This Act may be cited as the ‘‘Protecting By Mr. LEAHY (for himself and Court invented a novel rule and held American Taxpayers from Misconduct Act’’. Mr. WHITEHOUSE): that in maritime cases, punitive dam- SEC. 2. DISALLOWANCE OF DEDUCTION FOR PU- S. 794. A bill to amend the Internal age awards could not exceed twice the NITIVE DAMAGES. Revenue Code of 1986 to disallow any (a) DISALLOWANCE OF DEDUCTION.— amount of compensatory damages. I (1) IN GENERAL.—Section 162(g) of the Inter- deduction for punitive damages, and support Senator WHITEHOUSE’s wise nal Revenue Code of 1986 is amended— for other purposes; to the Committee legislation to overturn that Supreme (A) by redesignating paragraphs (1) and (2) on Finance. Court decision, but some in Congress as subparagraphs (A) and (B), respectively, Mr. LEAHY. Mr. President, today I do not want corporate accountability. (B) by striking ‘‘If’’ and inserting: am introducing legislation that will If we cannot muster the votes to make ‘‘(1) TREBLE DAMAGES.—If’’, and stop businesses from deducting costs corporations that engage in such ex- (C) by adding at the end the following new paragraph: that result from their misconduct as a treme misconduct accountable, we cost of doing business under our tax ‘‘(2) PUNITIVE DAMAGES.—No deduction need to at least stop subsidizing it shall be allowed under this chapter for any laws. Under current law, a corporation through our tax laws. amount paid or incurred for punitive dam- or individual business owner may de- Like so many Americans, I am weary ages in connection with any judgment in, or duct the cost of a punitive damage of the preferential treatment that settlement of, any action. This paragraph award paid to a victim as an ‘‘ordi- large corporations obtain at virtually shall not apply to punitive damages de- nary’’ business expense. This is wrong. every turn. It is disheartening to hear scribed in section 104(c).’’. It undermines one of the primary de- reports about enormously profitable (2) CONFORMING AMENDMENT.—The heading terrent functions of our civil justice corporations paying lower income tax for section 162(g) of such Code is amended by inserting ‘‘OR PUNITIVE DAMAGES’’ after system, and American taxpayers rates than middle class American ‘‘LAWS’’. should not subsidize this misconduct. workers by exploiting loopholes or (b) INCLUSION IN INCOME OF PUNITIVE DAM- Punitive damage awards serve in part sheltering profits in foreign countries. AGES PAID BY INSURER OR OTHERWISE.— to correct dangerous or unfair prac- It is unconscionable that big oil com- (1) IN GENERAL.—Part II of subchapter B of tices. These awards are reserved for the panies continue to be subsidized by chapter 1 of the Internal Revenue Code of most extreme and harmful misconduct. taxpayers to the tune of billions of dol- 1986 is amended by adding at the end the fol- Our legal history contains prominent lars each year, especially when Ameri- lowing new section: examples of corporate misconduct that cans are facing increasingly high gaso- ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY resulted in the deaths of Americans, INSURANCE OR OTHERWISE. line prices. I share the frustration of so ‘‘Gross income shall include any amount and by virtue of our civil justice sys- many Americans who are making great paid to or on behalf of a taxpayer as insur- tem was not only punished, but led to sacrifices, yet who are not seeing their ance or otherwise by reason of the taxpayer’s broad changes to improve the safety sacrifices shared by the most powerful liability (or agreement) to pay punitive dam- and security of American consumers. in our society. As we approach the na- ages.’’. The justice system has and will con- tional tax filing deadline, I expect (2) REPORTING REQUIREMENTS.—Section 6041 tinue to encourage the positive most Americans would agree that this of such Code is amended by adding at the end changes that cannot be brought about punitive damages tax deduction is not the following new subsection: ‘‘(h) SECTION TO APPLY TO PUNITIVE DAM- by regulation alone. But our current only bad tax policy, but offensive to AGES COMPENSATION.—This section shall tax laws work against the well-estab- our basic notions of justice and fair apply to payments by a person to or on be- lished role of the justice system as a play. half of another person as insurance or other- backstop to health and safety regula- In his fiscal year 2012 budget rec- wise by reason of the other person’s liability tion. ommendations, President Obama and (or agreement) to pay punitive damages.’’. One year ago, the Deepwater Horizon his administration requested an end to (3) CONFORMING AMENDMENT.—The table of drilling rig exploded, killing 11 Ameri- this deduction in the tax code. The sections for part II of subchapter B of chap- cans and leading to the worst oil spill Congressional Budget Office has esti- ter 1 of such Code is amended by adding at the end the following new item: in American history. Just over a year mated that doing so will result in in- ago, an explosion in the Upper Big creased revenues of $315 million over 10 ‘‘Sec. 91. Punitive damages compensated by insurance or otherwise.’’. Branch Mine in West Virginia claimed years. As we collectively work to re- the lives of 29 miners. In both of these (c) EFFECTIVE DATE.—The amendments duce the Federal deficit, it is impor- made by this section shall apply to damages cases, I expect that all Americans, and tant to recognize that increasing reve- paid or incurred on or after the date of the particularly the family members of the nues will play an important part in enactment of this Act. victims, would be shocked to learn that this effort; particularly when those any punitive damages that may result revenues are lost to a policy that is By Mr. ROCKEFELLER (for him- from these events will amount to a tax without any defensible justification. self, Mr. KERRY, Mr. HARKIN, break for the corporations responsible. I hope all Senators will join me to Mr. BEGICH, and Mr. JOHNSON of I was disgusted to learn that protect American taxpayers. This leg- South Dakota): Transocean, the owner of the Deep- islation should be part of our bipar- S. 796. A bill to amend the Internal water Horizon, recently announced tisan fight to reduce the national debt. Revenue Code to extend qualified that it was giving ‘‘safety bonuses’’ to When corporate wrongdoers can write school construction bonds and qualified its executives. Maybe that company be- off a significant portion of the finan- zone academy bonds, to treat qualified lieves that the American people have cial impact of punitive damages, the zone academy bonds as specified tax

VerDate Mar 15 2010 01:38 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.024 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2396 CONGRESSIONAL RECORD — SENATE April 12, 2011 credit bonds, and to modify the private ployment—HIRE—Act which became makes, and women of color get even business contribution requirement for law last spring made this change for less. Inexplicably, these disparities qualified zone academy bonds; to the both bond programs and it resulted in exist across all levels of education and Committee on Finance. greater use of the bonds. The huge Mid- occupation. In my home State of Mary- Mr. ROCKEFELLER. Mr. President, dle Class Tax Relief Act of 2010 which land, the average woman has to receive today, along with my colleagues Sen- we passed in December repealed this a bachelor’s degree before she earns as ator KERRY of Massachusetts, Senator change for QZABs, and my legislation much as the average male high school HARKIN of Iowa, Senator BEGICH of makes the credit once again refund- graduate. This is unacceptable. Alaska, and Senator JOHNSON of South able. We know this helps schools utilize The Paycheck Fairness Act picks up Dakota, I am introducing legislation to this program, and we need to give our where we left off with the Lilly extend and improve two important pro- schools every incentive to invest in Ledbetter Fair Pay Act last Congress. grams that create good jobs and help education. Enactment of this legislation will our nation’s schools. In order for Amer- It is important that we continue both mean real progress in the fight to ica to out-innovate, out-educate, and of these important programs. The eliminate the gender wage gap and help out-build the rest of the world, we school infrastructure needs of our families. It has the teeth that are need- must begin with our schools, and this country are immense. A recent report ed to keep discrimination from hap- legislation will make it easier to cre- estimated the total school infrastruc- pening in the first place, and makes ate spaces where 21st century learning ture needs across the 50 States was the consequences tougher. The Act en- can occur. The Qualified School Con- over $250 billion. We won’t meet that sures that employers who try to justify struction Bond, QSCB, and Qualified need in a year, or in 2 years, but we paying a man more than a woman for Zone Academy Bond, QZAB, programs need to commit ourselves to keep at it. the same job must show the disparity have helped schools begin to address I urge my colleagues to support this is not sex-based; but job related and their construction and renovation bill. necessary. It prohibits employers from needs, as well as creating construction retaliating against employees who dis- jobs in their communities. Because of By Ms. MIKULSKI (for herself, cuss or disclose salary information the tax credit associated with these Mr. AKAKA, Mrs. BOXER, Ms. with their coworkers. The bill would bonds, the schools essentially do not CANTWELL, Mr. CARDIN, Mr. also make it easier for women to file have to pay interest which makes it CASEY, Mr. COONS, Mr. DURBIN, class-action lawsuits against employ- much easier for them to fund their sig- Mr. FRANKEN, Mrs. GILLIBRAND, ers they accuse of sex-based pay dis- nificant construction and renovation Mr. HARKIN, Mr. KERRY, Ms. crimination. And it strengthens the needs. KLOBUCHAR, Mr. LAUTENBERG, available remedies to include punitive The Qualified School Construction Mr. LEAHY, Mr. LEVIN, Mrs. and compensatory damages, thus Bond program was created in 2009, and MCCASKILL, Mrs. MURRAY, Mr. bringing equal pay law into line with bond proceeds can be used for construc- REED, Mr. REID, Mrs. SHAHEEN, all other civil rights law. The bottom tion, rehabilitation, or repair of a pub- Ms. STABENOW, Mr. line is that this bill ensures that lic school or for land for a facility. The WHITEHOUSE, Mr. WYDEN, Mr. women are treated fairly in the work- total amount of bonds allowed was $11 MERKLEY, and Mrs. HAGAN): place, something that is a matter of billion in 2009 and $11 billion in 2010. S. 797. A bill to amend the Fair Labor basic equality and civil rights. This national allocation is distributed Standards Act of 1938 to provide more So this Equal Pay Day, let’s recom- by formula to the states and larger effective remedies to victims of dis- mit to closing the wage gap. It is my school districts. West Virginia, for ex- crimination in the payment of wages hope that one day, there is no need for ample, was able to issue its full alloca- on the basis of sex, and for other pur- an Equal Pay Day—that every year, tion of $72.3 million in bonds in 2010. poses; to the Committee on Health, women earn the same as men. Until Construction workers in West Virginia Education, Labor, and Pensions. then, we link up, press on, and push for are building schools for their children. Ms. MIKULSKI. Mr. President, I rise passage of this important legislation, West Virginia is rightfully paying for today to reintroduce the Paycheck so that for all victims of pay discrimi- the construction, but this bond pro- Fairness Act, an important piece of nation, there is a new day ahead. gram means their dollars go further. legislation that is even more poignant Mr. LEAHY. Mr. President, today, My legislation extends this important today, Equal Pay Day, which is the day the Nation commemorates Equal Pay program through 2015 with the same $11 in 2011 where women earn as much as Day, an annual occasion that cele- billion per year total national alloca- men did in 2010. It is also unfortunately brates the gains that women have tion of bonds. marked by families doing more with made in the workplace over the last The Qualified Zone Academy Bond, less, and making tough decisions to century, but which also reminds us all QZAB, program was created in 1997. make ends meet. I thank the 24 of my that pay discrimination still exists in While it also helps schools issue bonds colleagues that have joined me as the United States. In today’s economy, by providing favorable tax status, par- original cosponsors of this important a troubling constant remains: women ticipating schools must be located in legislation today. continue to earn less than men. Ac- an empowerment zone or enterprise As a U.S. Senator, I am fighting for cording to the United States Bureau of community or expect that at least 35 jobs today and jobs tomorrow. I am on Labor Statistics, on average, women percent of the students will be eligible the side of a fair economy and I am on working full-time still make only 78 for free or reduced-cost lunches. Bonds the side of good-guy businesses. We cents for every dollar working men re- cannot be used for new construction, need an economy that works for every- ceive. For minority women, this sta- but can be used for the rehabilitation one, and works for the American fam- tistic becomes even more sobering. or repair of schools, equipment, course ily. But that means equal pay for equal The U.S. Department of Labor also development, and teacher training. The work, and that individuals are judged reports an increasing number of fami- national limitation for bonds issued solely by their individual skills, com- lies where women are the head of the under this program was $1.4 billion for petence, unique talents and nothing household, and correspondingly, the 2009 and 2010 and my legislation ex- else. The Paycheck Fairness Act gives primary source of income. Despite the tends that annual limit through 2015. us the much needed tools to make this signs of economic recovery, many This program has historically required happen. women and families continue to strug- a 10 percent match from private enti- Women make this country run—we gle to make ends meet. This issue is ties, and this requirement has proven a are business leaders, entrepreneurs, not one that just impacts one indi- significant barrier to its use in some politicians, mothers and more. We also vidual; it creates additional economic communities. My legislation provides bring home a growing share of the fam- hardship for entire families. Vermont an option to waive this match in some ily pocketbook, as evidenced by a re- is a leader in the Nation on fair pay cases. It also allows the bond issuer to cent White House report, ‘‘Women In practices, and 8 years ago, the State receive the tax credit as a payment. America’’. But we earn just 77 cents for acted to pass an equal pay act, which The Hiring Incentives to Restore Em- every dollar our male counterpart prohibits compensating women and

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Still, there is room for im- projects, to require performance and our current fiscal crisis, we just cannot provement. The Bureau of Labor Sta- governance reviews of all cost overruns afford to accept this type of incom- tistics reports that Vermont women on Federal information technology in- petence and mismanagement one more working full-time earn wages amount- vestment projects, and for other pur- day. Perhaps even more troubling is ing to 81.9 percent of what men earn. poses; to the Committee on Homeland the fact that, when federal IT projects We must work harder to ensure that Security and Governmental Affairs. fail, they can undermine the govern- women are paid equal wages for equal Ms. COLLINS. Mr. President. I rise ment’s ability to defend the nation, en- work, across the country. to join Senators CARPER, LIEBERMAN, force its laws, or deliver critical serv- and BROWN in introducing a bill that ices to citizens. The 1963 Equal Pay Act was enacted Again and again, we have seen IT to protect employees against discrimi- would bring more management and oversight of major information tech- project failures grounded in poor plan- nation with respect to compensation ning, ill-defined and shifting require- because of an individual’s race, color, nology, IT, investments across the fed- eral government. ments, undisclosed difficulties, poor religion, sex or national origin. While risk management, and lax monitoring we have made progress, our work is not In fiscal year 2011 alone, the federal government plans to spend nearly $80 of performance. done. Hardworking women—and the For the last several years, Senator American people—earned a long fought billion on IT investments, about half of which is for major IT investments. Ac- CARPER and I have pushed the Office of victory in early 2009, when President Management and Budget to improve Obama signed into law the Lilly cording to the Government Account- ability Office, nearly 40 percent of the management and oversight of these Ledbetter Fair Pay Act to reverse the IT investments. To help address the U.S. Supreme Court’s devastating deci- those major IT investments, totaling nearly $20 billion, are at risk for sig- concerns we have raised, OMB has in- sion in Ledbetter v. Goodyear Tire, a stituted several new initiatives over decision that rolled back years of nificant cost overruns, schedule delays, and performance problems. the last year and a half. progress to eliminate workplace dis- For example, in June 2009, OMB an- Rampant cost and performance prob- crimination. But the efforts to achieve nounced the creation of the ‘‘IT Dash- lems in IT investments occur across parity for women in the workplace con- board,’’ which is a website that dis- the government. Most recently, we tinues. plays cost and schedule information have seen a total breakdown in the Na- about major IT investments, as well as Two bills introduced today will help tional Archives and Records Adminis- the agency Chief Information Officer’s, the United States reach that goal. tration’s, NARA, Electronic Records CIO, evaluation of the status of each These bills include provisions similar Archive initiative. project. OMB has also instituted com- to those enacted in Vermont. The Pay- Since 2001, NARA has tried to de- prehensive face-to-face reviews of these check Fairness Act, which was intro- velop a system to preserve and provide investments, known as ‘‘TechStat’’ ses- duced by Senator MIKULSKI and which I access to a massive volume of elec- sions. am proud to cosponsor, creates strong- tronic records. Originally slated for a er incentives for employers to follow As a result, OMB has reported reduc- 2012 rollout at a cost of $317 million, ing the life-cycle costs of 15 invest- the law; strengthens penalties for equal NARA has had to repeatedly revise the pay violations; and prohibits retalia- ments by approximately $3 billion by plan and cost estimate and finally de- narrowing the scope of some projects tion against workers for disclosing cided to produce a scaled-down system their own wage information. This bill and even shutting down others and cut- this year. Last month GAO estimated ting the losses. Added transparency passed the House of Representatives the project would cost between $762 with bipartisan support over a year from the IT Dashboard, as well as com- million and $1 billion—three times prehensive reviews via TechStat ses- ago, and deserves action in the Senate. more than originally planned. The Fair Pay Act, which was intro- sions, should improve agency manage- We see time and time again with ment and Congressional oversight of duced by Senator HARKIN and which I these big IT contracts that require- am also proud to cosponsor, requires the projects. ments are not clear up front, leading to The bill Senator CARPER and I intro- employers to pay equally for jobs of chaos down the road that wastes hun- duce today would require agencies to comparable skill, efforts and working dreds of millions of dollars. use the Dashboard in a standardized conditions, and to disclose pay scales Such was the case with the 2010 De- way. It would also expand inputs to in- and rates for all job categories at a cennial Census handheld devices. After clude cost, schedule, and performance given company. To effectively close the spending eight years developing a com- data, using a metric called Earned wage gap we must address the systemic pletely new approach to census-taking, Value Management, EVM. EVM pre- problems that are resulting in pay dis- the Census Bureau scrapped plans for vents the kind of ‘‘hide the ball’’ game parities. I believe both these bills are using handheld computers and reverted that agencies often play to cover up essential steps to closing the wage gap. instead back to paper and pencil. performance shortfalls, cost overruns, Equal pay for equal work is neither a Problems managing the contractor, or schedule slips. Democratic nor Republican issue; it is major flaws in the Bureau’s cost-esti- The bill institutes triggers so that, if an American value. It is neither a pri- mates, and kicking the can down the an investment deviates more than 20 vate sector nor a public sector issue; it road added about $3 billion to the cen- percent from its original cost, sched- is a fundamental issue of fairness. sus price tag. Three billion! ule, and performance targets, CIOs Sadly, wage discrimination affects The problems keep coming. DHS has would be required to conduct the type women of every generation and every tried twice—since 2004—to integrate its of comprehensive TechStat sessions socioeconomic background. It is not many-siloed financial management currently taking place at OMB on a limited to one career path or level of systems. The Department spent ap- more limited scale. These sessions education. The Senate should pass the proximately $52 million on one failed would generate information for Con- Paycheck Fairness Act and the Fair attempt before abandoning the project gress as well as the public, by requiring Pay Act, and work toward other solu- nearly two years later. DHS tried again agencies to post the results of the tions to ensure our daughters and only to encounter severe schedule TechStat sessions on the IT Dashboard. granddaughters, and all future genera- delays. The Department is now plan- These reports would have to describe in tions of Americans, are not subject to ning to roll out the project incremen- detail how the failures occurred, nam- the same discrimination that has tally, which is of course how they ing names, and describing how exactly plagued women for decades. should have started years ago, and is the shortcomings are going to be fixed.

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In addition to information Whereas, in September 1961, the Cuban about how to improve the performance Government executed 5 soldiers that had To some, the Bay of Pigs battle is of the project, OMB would be required been captured alive; just one episode in the long annals of to provide to Congress a recommenda- Whereas the greater part of the remaining the cold war. But to those involved, the tion of whether the project should be assaulting forces were captured, imprisoned mission was a defining moment in their pared back or cancelled if it cannot be in deplorable conditions for close to 18 lives that, for others, illuminated the overhauled. months, sentenced without due process to 30 righteousness of the cause to free Cuba. On top of this aggressive oversight years of imprisonment, and finally returned It is a heartbreaking story of men who to the United States by the Cuban Govern- ramp-up, the bill would require agen- fought so valiantly for their beloved ment; homeland’s freedom, only to come up cies to identify and heighten the plan- Whereas the Cuban soldiers who returned ning and management for a handful of from the operation have made valuable con- short. But it is also an inspiring top priority, most expensive projects. tributions to the United States, while never story—one that says as much about For these ‘‘core’’ investments, agencies forgetting their beloved native country; their resilience as it does about Amer- would submit additional data on per- Whereas on December 29, 1962, President ica. formance, key milestones, and lifecycle John Fitzgerald Kennedy was presented with Having endured a traumatic life ex- costs. the Brigade 2506 banner that had reached perience 50 years ago at the Bay of Cuban shores during the invasion and the Because of their scope and impor- Pigs, many of them came back to the president pledged, ‘‘I can assure you that U.S. with nothing—not a penny and tance to agency missions, these core this flag will be returned to this brigade in a projects would have lower thresholds often without any English skills. They free Havana’’; went to work and embraced America’s for oversight triggers and would get Whereas on April 24, 1986, a joint resolution bumped up to OMB TechStat review was passed (Public Law 99-279) ‘‘Commemo- blessings, but they never forgot their with a deviation of 20 percent. The rating the twenty-fifth anniversary of the beloved homeland. Some made it their life’s work to ‘‘get-well’’ plan would then be sent to Bay of Pigs invasion to liberate Cuba from promote the cause of a free Cuba. Oth- Congress and published on the Dash- Communist tyranny’’; and Whereas the Cuban people continue to ers went to work on other endeavors to board for maximum accountability. struggle and demand respect for their civil provide for their families, but dedi- This early intervention at the highest liberties: Now, therefore, be it cated countless hours as faithful volun- level would ensure that these critical Resolved, That the Senate— teers of the cause. In doing so, they projects are either saved or scrapped (1) recognizes and pays tribute to the brave served as teachers to an entire commu- long before they can threaten to waste service of all members of Brigada de Asalto 2506 (Assault Brigade 2506), both living and nity. Today in Miami, for example, a billions of dollars or endanger agency Brigade 2506 monument and museum missions. deceased; and (2) calls on the United States to continue now exist as much to commemorate If an agency fails to comply with the policies that promote respect for the funda- these heroes as it does to educate oth- requirements in the bill for any given mental principles of freedom, democracy, ers. project, that would be the end of tax- and human rights in Cuba, in a manner con- Like so many Cuban exiles, their sto- payer support for the project until it is sistent with the aspirations of the people of ries taught us that human rights and brought into compliance. Cuba. liberty are not conditional on where If this bill had been law during the Mr. RUBIO. Mr. President, on April someone is born, but are instead the past decade, early warning signs would 17, 1961, 1,500 individuals from the birthrights of every single one of God’s have alerted Congress and possibly United States and Cuba valiantly vol- children. They taught us why the saved some of the billions wasted on so unteered in the Bay of Pigs mission to Cuban condition, like everywhere else many IT projects currently crowding liberate Cuba from Fidel Castro’s grip. in the world where human rights are various high-risk lists. They were a diverse group from all trampled, is inhumane an unnatural. I urge every Senator to support this backgrounds of Cuban society, all They instilled in us a deep sense of why much-needed and bipartisan bill. united by the ideal that freedom is a the Cuban government, and others like f God-given, inalienable right. it, is fundamentally defective and ille- Having lost their country a couple of SUBMITTED RESOLUTIONS gitimate, as it is sustained by violence years earlier, these brave men took up against its people and operates without arms on the beaches of Playa Giron. the consent of the governed. SENATE RESOLUTION 140—COM- Over the course of 4 days and facing Over the past 50 years, these lessons MEMORATING THE 50TH ANNI- daunting odds against a better-armed have given us moral clarity about the VERSARY OF THE BAY OF PIGS and trained Cuban military, nearly 100 rights of man and reminded us of our OPERATION AND COMMENDING members of the Brigada de Asalto 2506, responsibility to defend the persecuted THE MEMBERS OF BRIGADA DE Assault Brigade 2506, lost their lives, among us. ASALTO 2506 (ASSAULT BRIGADE including 4 American pilots. Five oth- Far from being forgotten, their ex- 2506) ers were captured and executed. The ample has inspired others to carry on majority were captured and imprisoned their work. Their legacy lives on Mr. RUBIO (for himself, Mr. MENEN- for many months and years in inhu- among those of us who have followed in DEZ, Mr. INHOFE, Mr. NELSON of Flor- mane conditions. their footsteps by making their cause ida, Mr. MCCAIN, and Mr. LIEBERMAN) Many of the captured men were for- of a free Cuba our cause. submitted the following resolution; tunate to be eventually released and Today, the torch they lit 50 years ago which was referred to the Committee exiled to the United States, where they on a Cuban beach, is now carried not on Foreign Relations: restarted their lives, raised families only by their children and grand- S. RES. 140 and made it their life’s ambition to children, but also by a new and grow- Whereas April 17, 2011, marks the 50th an- give their children the opportunities ing generation of Cubans on the island. niversary of the Bay of Pigs operation, an they would not have. Every day, thousands of courageous pa- event held in the hearts of all who long for I am proud to join my colleagues in triots are demanding their freedoms the return of freedom to Cuba; the U.S. Senate in paying tribute to and steadily chipping away at the farce Whereas the Communist Government im- the survivors of that mission—several of the Castro regime. Together, we are posed in Cuba since January 1959 has system- of whom made the journey to Wash- all united by the moral responsibility atically denied the most basic human free- doms to the Cuban people; ington this week—and honoring the to highlight the Cuban regime’s contin- Whereas on April 17, 1961, men and women memories of the deceased. ued abuses, to apply change-inducing from the United States and from Cuba self- As the son of Cuban exiles, I am pressure, and to support the Cuban peo- lessly volunteered to help the Cuban people proud to represent an entire commu- ple’s right to freely shape their des- free themselves from communist tyranny; nity of people who lost everything to tinies.

VerDate Mar 15 2010 02:17 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.047 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2399 Courageous and principled leaders tarian Award from the Bismarck City (1) winning the 2011 National Collegiate like these give us hope that a free Cuba Human Rights Commission: Now, therefore, Athletic Association Division I Women’s is an inevitable destiny. They also give be it Basketball Championship; and us hope that soon we will be able to Resolved, That the Senate— (2) completing the 2010-2011 women’s bas- (1) congratulates the GOD’S CHILD achieve President John F. Kennedy’s ketball season with a record of 33 wins and 5 Project on its 20th anniversary; losses. December 1962 promise to surviving (2) commends the GOD’S CHILD Project Bay of Pigs veterans that their battle for its charitable service to the poor and its flag ‘‘will be returned to this brigade in efforts to help thousands break the bonds of f a free Havana.’’ poverty and exploitation; and (3) recognizes those individuals who have f SENATE RESOLUTION 143—SUP- served impoverished children and women PORTING THE GOALS AND SENATE RESOLUTION 141—RECOG- throughout the world under the auspices of IDEALS OF NATIONAL SAFE the GOD’S CHILD Project, including the vol- NIZING THE EFFORTS AND AC- DIGGING MONTH COMPLISHMENTS OF THE GOD’S unteers, staff, and founder and executive di- CHILD PROJECT AND CONGRATU- rector, Patrick Atkinson, of the GOD’S Mr. LAUTENBERG (for himself and CHILD Project. LATING THE GOD’S CHILD Mr. THUNE) submitted the following PROJECT ON ITS 20TH ANNIVER- f resolution; which was considered and SARY agreed to: Mr. CONRAD (for himself and Mr. SENATE RESOLUTION 142—CON- S. RES. 143 HOEVEN) submitted the following reso- GRATULATING THE LADY lution; which was referred to the Com- AGGIES OF TEXAS A&M UNIVER- Whereas each year, the underground util- ity infrastructure of the United States, in- mittee on the Judiciary: SITY ON WINNING THE 2011 NA- TIONAL COLLEGIATE ATHLETIC cluding pipelines, electric, gas, tele- S. RES. 141 ASSOCIATION DIVISION I WOM- communications, water, sewer, and cable tel- Whereas international educator, human EN’S BASKETBALL CHAMPION- evision lines, is jeopardized by unintentional rights leader, and native of the State of SHIP damage caused by those who fail to have un- North Dakota Patrick Atkinson, deeply con- derground lines located prior to digging; cerned about the plight of poor and exploited Mrs. HUTCHISON (for herself and Whereas some utility lines are buried only children around the globe, established the Mr. CORNYN) submitted the following a few inches underground, making the lines nonprofit GOD’S CHILD Project in 1991 with resolution; which was considered and easy to strike, even during shallow digging the mission of breaking the bitter chains of agreed to: projects; poverty through education and information; Whereas digging prior to locating under- Whereas the GOD’S CHILD Project has a S. RES. 142 ground utility lines often results in unin- global presence, serving the most vulnerable Whereas the Texas A&M University wom- tended consequences, such as service inter- women and children on 3 continents, with en’s basketball team, the Lady Aggies, won operations in El Salvador, Guatemala, India, its first National Collegiate Athletic Asso- ruption, environmental damage, personal in- Malawi, and the United States; ciation Division I Women’s Basketball jury, and even death; Whereas the international GOD’S CHILD Championship (referred to in this preamble Whereas the month of April marks the be- Project, true to its roots, maintains its glob- as the ‘‘national championship’’) by defeat- ginning of the peak period during which ex- al headquarters in Bismarck, North Dakota, ing Notre Dame by a score of 76 to 70, becom- cavation projects are carried out around the the hometown of Patrick Atkinson; ing the first team to win the national cham- United States; Whereas more than 5,000 orphaned, aban- pionship title on its initial try since 2005; Whereas in 2002, Congress required the De- doned, and impoverished children and nearly Whereas the Lady Aggies finished the 2010- partment of Transportation and the Federal 8,700 widowed, abandoned, and single moth- 2011 season with an impressive record of 33 Communications Commission to establish a ers and their dependents receive care from, wins and 5 losses; 3-digit, nationwide, toll-free number to be and are educated by, the GOD’S CHILD Whereas Coach Gary Blair brought the used by State ‘‘One Call’’ systems to provide Project; Lady Aggies to their first NCAA National information on underground utility lines; Whereas since the GOD’S CHILD Project Women’s Basketball Championship with a Whereas in 2005, the Federal Communica- was founded, more than 18,000 parentless starting lineup that included Danielle tions Commission designated ‘‘811’’ as the children and thousands more women have Adams, Sydney Carter, Sydney Colson, nationwide ‘‘One Call’’ number for home- been given hope by the GOD’S CHILD Adaora Elonu, and Tyra White; owners and excavators to use to obtain infor- Project; Whereas Tyra White led the Lady Aggies mation on underground utility lines before Whereas the GOD’S CHILD Project, taking to victory with a 3-point shot with only 65 conducting excavation activities; a comprehensive view of helping the des- seconds remaining on the clock and was Whereas ‘‘811’’ has helped reduce the titute and exploited break free from poverty named to the all-tournament team; amount of digging damage caused by a fail- and oppression, operates schools, a family Whereas All-American Danielle Adams clinic, social work department, psychology scored 30 points, the second-highest number ure to call before digging from 57 percent in clinic, domestic violence program, legal aid of points ever scored in a national champion- 2004 to 37.5 percent in 2009; department, and a center for malnourished ship game, and finished the 2010-2011 season Whereas the 1,400 members of the Common children; with more than 800 points; Ground Alliance, who are dedicated to ensur- Whereas in response to the transnational Whereas the Lady Aggies should all be ing public safety, environmental protection, problem of human trafficking, the GOD’S commended for their teamwork; and the integrity of services, promote the CHILD Project established the Institute for Whereas Texas A&M University joins the national ‘‘Call Before You Dig’’ campaign to Trafficked, Exploited, and Missing Persons ranks of the University of Texas, Baylor, and increase public awareness about the impor- in 2001 to address the issues of human traf- Texas Tech as women’s basketball national tance of homeowners and excavators calling ficking and exploitation, which are particu- champions, demonstrating the excellence of 811 to find out the exact location of under- larly severe in ; Texas A&M University in both athletics and ground lines; and Whereas the GOD’S CHILD Project is often academics; Whereas the Common Ground Alliance has 1 of the first organizations to respond to dev- Whereas the Lady Aggies have signifi- designated April as ‘‘National Safe Digging astating natural disasters, including Trop- cantly advanced the sport of women’s bas- Month’’ to increase awareness of safe digging ical Storm Agatha, which ravaged Central ketball by demonstrating hard work and practices across the United States and to America in 2010, taking nearly 180 lives and sportsmanship; celebrate the anniversary of 811, the national destroying the homes of thousands; Whereas the Lady Aggies overcame intense ‘‘Call Before You Dig’’ number: Now, there- Whereas each year, approximately 2,500 competition and defied expectations in a fore, be it volunteers and 45 homebuilding groups from very exciting final game; around the world join with the GOD’S CHILD Whereas the accomplishment of the Lady Resolved, That the Senate— Project staff to compassionately serve their Aggies is another testament to the strength (1) supports the goals and ideals of Na- brothers and sisters in need; and of women across the State of Texas; and tional Safe Digging Month; and Whereas the GOD’S CHILD Project and Whereas the Lady Aggies are the pride of (2) encourages all homeowners and exca- Patrick Atkinson have received numerous their loyal fans, current and former stu- vators throughout the United States to call accolades recognizing their service to the dents, and the rest of the Lone Star State: 811 before digging. poor from United States and foreign organi- Now, therefore, be it zations, including the Guatemalan Congres- Resolved, That the Senate congratulates sional Medal of Honor, Guatemala’s Goodwill the Lady Aggies of Texas A&M University Ambassador For Peace, and the 2010 Humani- on—

VerDate Mar 15 2010 02:17 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.045 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2400 CONGRESSIONAL RECORD — SENATE April 12, 2011 SENATE CONCURRENT RESOLU- settled in the United States: Now therefore, covered assistance was distributed based on TION 12—EXPRESSING THE be it an error by the Federal Emergency Manage- SENSE OF CONGRESS THAT THE Resolved by the Senate (the House of Rep- ment Agency; and PRESIDENT SHOULD TAKE CER- resentatives concurring), That it is the sense (B) shall waive a debt owed to the United of Congress that— States relating to covered assistance pro- TAIN ACTIONS WITH RESPECT (1) given the growing relationship between vided to an individual or household located TO THE GOVERNMENT OF the Governments of Burma and North Korea, in a covered area if the reason for the debt BURMA the President should provide the Congress relates to a failure to participate in the na- Mr. LUGAR (for himself, Mr. MCCON- with an unclassified report as to the volume tional flood insurance program under the Na- of ships and planes from North Korea vis- tional Flood Insurance Act of 1968; and NELL, Mr. INHOFE, and Mrs. FEINSTEIN) iting Burma, via China and elsewhere, in (2) may not waive a debt under paragraph submitted the following concurrent 2009, 2010, and through March 2011; (1) if the debt involves fraud, the presen- resolution; which was referred to the (2) the President should provide leadership tation of a false claim, or misrepresentation Committee on Foreign Relations: by calling for an international investigation by the debtor or any party having an inter- S. CON. RES. 12 into allegations of international crimes est in the claim. Whereas the ruling junta in Burma, the against civilians in Burma, including ethnic State Peace and Development Council minorities, by the Government of Burma; SA 293. Mr. BLUNT (for himself and (SPDC), (recently renamed as the State Su- (3) the President should seek the assist- Mr. KIRK) submitted an amendment in- preme Council), did not affirmatively re- ance of friends and allies of the United tended to be proposed by him to the spond to President Barack Obama’s initia- States who actively engage with the Govern- bill S. 493, to reauthorize and improve tive to engage with Burma; ment of Burma and have diplomatic missions in Burma, including Singapore, Japan, and the SBIR and STTR programs, and for Whereas more than 2000 political prisoners other purposes; which was ordered to continue to be detained in Burma, even after South Korea, to encourage the release of all the release of Aung San Suu Kyi; remaining political prisoners; and lie on the table; as follows: Whereas the Tom Lantos Block Burmese (4) the President should encourage coun- At the end, add the following: JADE (Junta’s Anti-Democratic Efforts) Act tries neighboring Burma to establish safe ha- SEC. 5ll. REDUCTION IN NUMBER OF BOU- of 2008 (Public Law 110–286) established the vens for Burmese child soldiers fleeing from TIQUE FUELS. position of Special Representative and Pol- forced military service by the Government of (a) SHORT TITLE.—This section may be icy Coordinator for Burma, and President Burma. cited as the ‘‘Gas Accessibility and Stabiliza- Obama delayed for over two years to nomi- f tion Act of 2011’’. nate a person for that position; (b) BOUTIQUE FUELS.—Section 211(c)(4)(C) Whereas the Government of Burma con- AMENDMENTS SUBMITTED AND of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) tinues to coerce children, including ethnic PROPOSED is amended— minorities, into participating in combat and SA 292. Mr. PRYOR submitted an amend- (1) in clause (ii)(II), by inserting ‘‘an unex- other military roles; ment intended to be proposed by him to the pected problem with distribution or delivery Whereas the Government of Burma con- bill S. 493, to reauthorize and improve the equipment that is necessary for the trans- tinues to coerce civilians, including ethnic SBIR and STTR programs, and for other pur- portation or delivery of fuel or fuel addi- minorities, to serve as human minesweepers; poses; which was ordered to lie on the table. tives,’’ after ‘‘equipment failure,’’; Whereas the Government of Burma con- SA 293. Mr. BLUNT (for himself and Mr. (2) by redesignating the second clause (v) tinues to coerce civilians, including ethnic KIRK) submitted an amendment intended to (relating to the authority of the Adminis- minorities, to serve as porters and assist be proposed by him to the bill S. 493, supra; trator to approve certain State implementa- military personnel; which was ordered to lie on the table. tion plans) as clause (vi); and Whereas the United States Government (3) in clause (vi) (as redesignated by para- successfully mounted a vigorous and multi- f graph (2))— lateral strategy pursuant to United Nations TEXT OF AMENDMENTS (A) in subclause (I), by striking ‘‘fuels ap- Security Council Resolution 1874 (2009) to proved under’’ and all that follows through deter a North Korean ship, the Kang Nam I, SA 292. Mr. PRYOR submitted an the end of the subclause and inserting ‘‘fuels from traveling to its alleged destination in amendment intended to be proposed by included on the list published under sub- Burma in July 2009; him to the bill S. 493, to reauthorize clause (II) (including any revisions to the list Whereas North Korea and Burma are ex- and improve the SBIR and STTR pro- under subclause (III)).’’; panding their bilateral military relationship; grams, and for other purposes; which (B) by striking subclause (III) and insert- Whereas military and other personnel from was ordered to lie on the table; as fol- ing the following: North Korea have reportedly been in Burma lows: ‘‘(III) REMOVAL OF FUELS FROM LIST.— providing technical and other assistance to- ‘‘(aa) IN GENERAL.—The Administrator, ward the development of the military capa- On page 116, after line 24, add the fol- after providing notice and an opportunity for bilities of the Government of Burma; lowing: comment, shall remove a fuel from the list Whereas the Government of North Korea SEC. 504. DEBTS SINCE 2005. published under subclause (II) if the Admin- has reportedly provided radar systems and (a) DEFINITIONS.—In this section— istrator determines that the fuel has ceased capabilities to the Government of Burma; (1) the term ‘‘covered area’’ means an to be included in any State implementation Whereas the Government of North Korea area— plan or is identical to a Federal fuel control has reportedly provided missiles and missile (A) located in an area that has been identi- or prohibition established and enforced by technology to the Government of Burma; fied by the Administrator of the Federal the Administrator. Whereas the Government of North Korea Emergency Management Agency as an area ‘‘(bb) PUBLICATION OF REVISED LIST.—On re- has reportedly provided underground tun- having special flood hazards under the Na- moving a fuel from the list under item (aa), neling technology to the Government of tional Flood Insurance Act of 1968 (42 U.S.C. the Administrator shall publish a revised list Burma; 4001 et seq.); and that reflects that removal.’’; and Whereas the Government of North Korea (B) located in a community that does not (C) by striking subclause (IV) and inserting has reportedly provided multiple rocket participate in the national flood insurance the following: launchers to the Government of Burma; program under the National Flood Insurance ‘‘(IV) NO LIMITATION ON AUTHORITY.—Noth- Whereas there are reports that the Govern- Act of 1968; and ing in subclause (I) or (V) limits the author- ments of North Korea and Burma are col- (2) the term ‘‘covered assistance’’ means ity of the Administrator to approve a control laborating on matters related to the develop- assistance provided— or prohibition relating to any new fuel under ment of Burma’s nuclear program; (A) under section 408 of the Robert T. Staf- this paragraph in a State implementation Whereas the Governments of Russia and ford Disaster Relief and Emergency Assist- plan (or a revision to such a plan), if— Burma collaborated on the development of ance Act (42 U.S.C. 5174); and ‘‘(aa) the new fuel completely replaces a Burma’s nuclear program; (B) in relation to a declared fuel on the list published under subclause (II) Whereas hundreds of persons from Burma by the President under section 401 of the (including any revisions to the list under have gone to Russia for specialized training, Robert T. Stafford Disaster Relief and Emer- subclause (III)); and including in the area of nuclear technology; gency Assistance Act (42 U.S.C. 5170) during ‘‘(bb) the Administrator, in consultation Whereas the Government of Burma is ac- the period beginning on August 28, 2005 and with the Secretary of Energy, publishes in quiring additional MIG aircraft from the ending on December 31, 2011. the Federal Register, after providing notice Government of Russia; (b) WAIVER AUTHORITY.—The Adminis- and an opportunity for public comment, a Whereas hundreds of thousands of persons trator of the Federal Emergency Manage- determination that the control or prohibi- have fled Burma since 1988 for safety and to ment Agency— tion will not cause any fuel supply or dis- avoid persecution; and (1)(A) may waive a debt owed to the United tribution interruption or have any signifi- Whereas, since October 1, 1989, approxi- States relating to covered assistance pro- cant adverse impact on fuel producibility in mately 80,000 refugees from Burma have re- vided to an individual or household if the the affected area or any contiguous area.’’.

VerDate Mar 15 2010 02:17 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.051 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2401 NOTICES OF HEARINGS sion of the Senate on April 12, 2011, at The PRESIDING OFFICER. Without COMMITTEE ON RULES AND ADMINISTRATION 2:45 p.m. objection, it is so ordered. Mr. SCHUMER. Mr. President, I wish The PRESIDING OFFICER. Without SUBCOMMITTEE ON CRIME AND TERRORISM to announce that the Committee on objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Rules and Administration will meet on COMMITTEE ON ENERGY AND NATURAL imous consent that the Committee on Wednesday, April 13, 2011, at 10 a.m., to RESOURCES the Judiciary, Subcommittee on Crime conduct an executive business meeting Mr. REID. Mr. President, I ask unan- and Terrorism, be authorized to meet to consider the nomination of William imous consent that the Committee on during the session of the Senate, on J. Boarman, of Maryland, to be the Energy and Natural Resources be au- April 12, 2011, at 2:30 p.m., in room SD– public printer. thorized to meet during the session of 226 of the Dirksen Senate Office Build- For further information regarding the Senate on April 12, 2011, at 10 a.m., ing, to conduct a hearing entitled this hearing, please contact Lynden in room 366 of the Dirksen Senate Of- ‘‘Cyber Security: Responding to the Armstrong at the Rules and Adminis- fice Building. Threat of Cyber Crime and Terrorism.’’ tration Committee, (202) 224–6352. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. RESOURCES COMMITTEE ON ENVIRONMENT AND PUBLIC SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- Mr. BINGAMAN. Mr. President, I WORKS AND SUBCOMMITTEE ON WATER AND AGEMENT, GOVERNMENT INFORMATION, FED- WILDLIFE would like to announce for the infor- ERAL SERVICES, AND INTERNATIONAL SECU- RITY mation of the Senate and the public Mr. REID. Mr. President, I ask unan- that a field hearing has been scheduled imous consent that the Committee on Mr. REID. Mr. President, I ask unan- before the Senate Committee on En- Environment and Public Works and the imous consent that the Committee on ergy and Natural Resources. The hear- Subcommittee on Water and Wildlife Homeland Security and Governmental ing will be held on Wednesday, April 27, be authorized to meet during the ses- Affairs’ Subcommittee on Federal Fi- 2011, at 1:30 p.m., at the Santa Fe Con- sion of the Senate on April 12, 2011, at nancial Management, Government In- vention and Visitors Center, 201 W. 10 a.m. in Dirksen 406 to conduct a formation, Federal Services, and Inter- Marcy St., Santa Fe, New Mexico. joint hearing entitled ‘‘Natural Gas national Security be authorized to The purpose of the hearing will be to Drilling: Public Health and Environ- meet during the session of the Senate receive testimony on the current mental Impacts.’’ on April 12, 2011, at 10:30 a.m., to con- drought conditions affecting New Mex- The PRESIDING OFFICER. Without duct a hearing entitled ‘‘Examining the ico and the status of reports to be objection, it is so ordered. President’s Plan for Eliminating issued pursuant to Sections 9503 and COMMITTEE ON ENVIRONMENT AND PUBLIC Wasteful Spending in Information 9506 of the SECURE Water Act regard- WORKS AND SUBCOMMITTEE ON CLEAN AIR Technology.’’ AND NUCLEAR SAFETY ing a review of the current scientific The PRESIDING OFFICER. Without understanding of the impacts of cli- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. mate change on water resources and an imous consent that the Committee on SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT assessment of the risks associated with Environment and Public Works and the MANAGEMENT, THE FEDERAL WORKFORCE, AND THE DISTRICT OF COLUMBIA climate change on water resources in Subcommittee on Clean Air and Nu- Mr. REID. Mr. President, I ask unan- certain river basins. clear Safety be authorized to meet dur- imous consent that the Committee on Because of the limited time available ing the session of the Senate on April Homeland Security and Governmental for the hearing, witnesses may testify 12, 2011, at 12:45 p.m. in Dirksen 406 to Affairs’ Subcommittee on Oversight of by invitation only. However, those conduct a joint hearing entitled ‘‘Re- Government Management, the Federal wishing to submit written testimony view of the Nuclear Emergency in Workforce, and the District of Colum- for the hearing record may do so by Japan and Implications for the U.S.’’ bia be authorized to meet during the sending it to the Committee on Energy The PRESIDING OFFICER. Without session of the Senate on April 12, 2011, and Natural Resources, United States objection, it is so ordered. at 2:30 p.m., to conduct a hearing enti- Senate, Washington, D.C. 20510–6150, or COMMITTEE ON FINANCE tled ‘‘Financial Literacy: Empowering by e-mail to Meagan_Gins@energy Mr. REID. Mr. President, I ask unan- Americans to Make Informed Financial .senate.gov. imous consent that the Committee on Decisions.’’ For further information, please con- Finance be authorized to meet during The PRESIDING OFFICER. Without tact Tanya Trujillo at (202) 224–5479 or the session of the Senate on April 12, objection, it is so ordered. Meagan Gins at (202) 224–0883. 2011, at 10 a.m., in 215 Dirksen Senate f f Office building, to conduct a hearing entitled ‘‘Best Practices In Tax Admin- PRIVILEGES OF THE FLOOR AUTHORITY FOR COMMITTEES TO istration: A Look Across the Globe.’’ Mr. FRANKEN. Mr. President, I ask MEET The PRESIDING OFFICER. Without unanimous consent that floor privi- COMMITTEE ON ARMED SERVICES objection, it is so ordered. leges be granted to Ashley White of my Mr. REID. Mr. President, I ask unan- COMMITTEE ON FOREIGN RELATIONS staff for the duration of the consider- imous consent that the Committee on Mr. REID. Mr. President, I ask unan- ation of the pending bill, S. 493. Armed Services be authorized to meet imous consent that the Committee on The PRESIDING OFFICER. Without during the session of the Senate on Foreign Relations be authorized to objection, it is so ordered. April 12, 2011, at 10 a.m. meet during the session of the Senate Mr. HARKIN. Mr. President, I ask The PRESIDING OFFICER. Without on April 12, 2011, at 2:15 p.m. unanimous consent that Amy objection, it is so ordered. The PRESIDING OFFICER. Without Groshong, Rosie Romano, and Taylor COMMITTEE ON ARMED SERVICES objection, it is so ordered. Trovillon of my staff be granted floor Mr. REID. Mr. President, I ask unan- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL privileges for the duration of today’s imous consent that the Committee on RIGHTS, AND HUMAN RIGHTS session. Armed Services be authorized to meet Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without during the session of the Senate on imous consent that the Committee on objection, it is so ordered. April 12, 2011, at 2:30 p.m. the Judiciary, Subcommittee on the f The PRESIDING OFFICER. Without Constitution, Civil Rights, and Human objection, it is so ordered. Rights, be authorized to meet during NOTICE: REGISTRATION OF MASS COMMITTEE ON BANKING, HOUSING, AND URBAN the session of the Senate on April 12, MAILINGS AFFAIRS 2011, at 10 a.m., in room SD–226 of the The filing date for 2011 first quarter Mr. REID. Mr. President, I ask unan- Dirksen Senate Office Building, to con- Mass Mailings is Monday, April 25, imous consent that the Committee on duct a hearing entitled ‘‘The Fair Elec- 2011. If your office did no mass mailings Banking, Housing, and Urban Affairs tions Now Act: A Comprehensive Re- during this period, please submit a be authorized to meet during the ses- sponse to Citizens United.’’ form that states ‘‘none.’’

VerDate Mar 15 2010 02:49 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.052 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE S2402 CONGRESSIONAL RECORD — SENATE April 12, 2011 Mass mailing registrations, or nega- Whereas the accomplishment of the Lady ure to call before digging from 57 percent in tive reports, should be submitted to Aggies is another testament to the strength 2004 to 37.5 percent in 2009; the Senate Office of Public Records, 232 of women across the State of Texas; and Whereas the 1,400 members of the Common Hart Building, Washington, D.C. 20510– Whereas the Lady Aggies are the pride of Ground Alliance, who are dedicated to ensur- their loyal fans, current and former stu- ing public safety, environmental protection, 7116. dents, and the rest of the Lone Star State: and the integrity of services, promote the The Public Records office will be Now, therefore, be it national ‘‘Call Before You Dig’’ campaign to open from 9:00 a.m. to 6:00 p.m. on the Resolved, That the Senate congratulates increase public awareness about the impor- filing date to accept these filings. For the Lady Aggies of Texas A&M University tance of homeowners and excavators calling further information, please contact the on— 811 to find out the exact location of under- Public Records office at (202) 224–0322. (1) winning the 2011 National Collegiate ground lines; and Athletic Association Division I Women’s Whereas the Common Ground Alliance has f Basketball Championship; and designated April as ‘‘National Safe Digging CONGRATULATING LADY AGGIES (2) completing the 2010-2011 women’s bas- Month’’ to increase awareness of safe digging OF TEXAS A&M UNIVERSITY ketball season with a record of 33 wins and 5 practices across the United States and to losses. celebrate the anniversary of 811, the national Mr. REID. Mr. President, I ask unan- f ‘‘Call Before You Dig’’ number: Now, there- imous consent that the Senate proceed fore, be it to the consideration of S. Res. 142. SUPPORTING THE GOALS AND Resolved, That the Senate— The PRESIDING OFFICER. The IDEALS OF NATIONAL SAFE (1) supports the goals and ideals of Na- clerk will report the resolution by DIGGING MONTH tional Safe Digging Month; and title. Mr. REID. Mr. President, I ask unan- (2) encourages all homeowners and exca- The bill clerk read as follows: imous consent that the Senate now vators throughout the United States to call 811 before digging. A resolution (S. Res. 142) congratulating proceed to the consideration of S. Res. the Lady Aggies of Texas A&M University on 143. f winning the 2011 National Collegiate Ath- The PRESIDING OFFICER. The letic Association Division I Women’s Basket- APPOINTMENTS ball Championship. clerk will report the resolution by title. The PRESIDING OFFICER. The There being no objection, the Senate The bill clerk read as follows: Chair, on behalf of the President pro proceeded to consider the resolution. A resolution (S. Res. 143) supporting the tempore, pursuant to provisions of Mr. REID. Mr. President, I ask unan- goals and ideals of National Safe Digging Public Law 106–79, appoints the fol- imous consent that the resolution be Month. lowing Senator to Dwight D. Eisen- agreed to, the preamble be agreed to, There being no objection, the Senate hower Memorial Commission: the Sen- and the motions to reconsider be laid proceeded to consider the resolution. ator from Kansas, Mr. MORAN. upon the table. Mr. REID. Mr. President, I ask unan- The Chair, on behalf of the President The PRESIDING OFFICER. Without imous consent that the resolution be pro tempore, pursuant to Public Law objection, it is so ordered. agreed to, the preamble be agreed to, 94–118, Section 4(a)(3), appoints the The resolution (S. Res. 142) was the motions to reconsider be laid upon Senator from Alaska, Ms. MURKOWSKI, agreed to. the table, there be no intervening ac- to the Japan-United States Friendship The preamble was agreed to. tion or debate, and that any state- The resolution, with its preamble, Commission. ments relating to this measure be reads as follows: The Chair, on behalf of the President printed in the RECORD. pro tempore, pursuant to Public Law S. RES. 142 The PRESIDING OFFICER. Without 96–388, as amended by Public Law 97–84, Whereas the Texas A&M University wom- objection, it is so ordered. appoints the following Senator to the en’s basketball team, the Lady Aggies, won The resolution (S. Res. 143) was its first National Collegiate Athletic Asso- United States Holocaust Memorial agreed to. Council for the 112th Congress: the ciation Division I Women’s Basketball The preamble was agreed to. Senator from Utah, Mr. HATCH. Championship (referred to in this preamble The resolution, with its preamble, as the ‘‘national championship’’) by defeat- The Chair announces, on behalf of reads as follows: ing Notre Dame by a score of 76 to 70, becom- the Republican leader, pursuant to the ing the first team to win the national cham- S. RES. 143 provisions of S. Res. 105, adopted April pionship title on its initial try since 2005; Whereas each year, the underground util- 13, 1989, amended by S. Res. 149, adopt- Whereas the Lady Aggies finished the 2010- ity infrastructure of the United States, in- ed October 5, 1993, as amended by Pub- 2011 season with an impressive record of 33 cluding pipelines, electric, gas, tele- wins and 5 losses; communications, water, sewer, and cable tel- lic Law 105–275, adopted October 21, Whereas Coach Gary Blair brought the evision lines, is jeopardized by unintentional 1998, further amended by S. Res. 75, Lady Aggies to their first NCAA National damage caused by those who fail to have un- adopted March 25, 1999, amended by S. Women’s Basketball Championship with a derground lines located prior to digging; Res. 383, adopted October 27, 2000, and starting lineup that included Danielle Whereas some utility lines are buried only amended by S. Res. 355, adopted No- Adams, Sydney Carter, Sydney Colson, a few inches underground, making the lines vember 13, 2002, and further amended Adaora Elonu, and Tyra White; easy to strike, even during shallow digging by S. Res. 480, adopted November 21, Whereas Tyra White led the Lady Aggies projects; 2004, the appointment of the following to victory with a 3-point shot with only 65 Whereas digging prior to locating under- seconds remaining on the clock and was ground utility lines often results in unin- Senators as members of the Senate Na- named to the all-tournament team; tended consequences, such as service inter- tional Security Working Group for the Whereas All-American Danielle Adams ruption, environmental damage, personal in- 112th Congress: Senator JON KYL of Ar- scored 30 points, the second-highest number jury, and even death; izona, administrative cochairman; Sen- of points ever scored in a national champion- Whereas the month of April marks the be- ator MITCH MCCONNELL of Kentucky, ship game, and finished the 2010-2011 season ginning of the peak period during which ex- cochairman; Senator THAD COCHRAN of with more than 800 points; cavation projects are carried out around the Mississippi, cochairman; Senator Whereas the Lady Aggies should all be United States; LINDSEY GRAHAM of South Carolina, co- commended for their teamwork; Whereas in 2002, Congress required the De- Whereas Texas A&M University joins the partment of Transportation and the Federal chairman; Senator RICHARD LUGAR of ranks of the University of Texas, Baylor, and Communications Commission to establish a Indiana; Senator JEFF SESSIONS of Ala- Texas Tech as women’s basketball national 3-digit, nationwide, toll-free number to be bama; Senator BOB CORKER of Ten- champions, demonstrating the excellence of used by State ‘‘One Call’’ systems to provide nessee; Senator JOHN MCCAIN of Ari- Texas A&M University in both athletics and information on underground utility lines; zona; Senator JIM RISCH of Idaho; and academics; Whereas in 2005, the Federal Communica- Senator ROY BLUNT of Missouri. Whereas the Lady Aggies have signifi- tions Commission designated ‘‘811’’ as the The Chair, on behalf of the Vice cantly advanced the sport of women’s bas- nationwide ‘‘One Call’’ number for home- President, pursuant to 10 U.S.C. 4355(a), ketball by demonstrating hard work and owners and excavators to use to obtain infor- sportsmanship; mation on underground utility lines before appoints the Senator from Texas, Mrs. Whereas the Lady Aggies overcame intense conducting excavation activities; HUTCHISON, from the Committee on Ap- competition and defied expectations in a Whereas ‘‘811’’ has helped reduce the propriations, and the Senator from very exciting final game; amount of digging damage caused by a fail- North Carolina, Mr. BURR, at large, to

VerDate Mar 15 2010 02:17 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.005 S12APPT1 tjames on DSKG8SOYB1PROD with SENATE April 12, 2011 CONGRESSIONAL RECORD — SENATE S2403 the Board of Visitors of the U. S. Mili- PROGRAM It exempts corporations and wealthy tary Academy. Mr. REID. As I indicated, Mr. Presi- individuals from shared sacrifice in The Chair, on behalf of the Vice dent, we are working to complete ac- order to bring deficits under control. President, pursuant to 10 U.S.C. 6968(a), tion on the small business jobs bill To the contrary, this Republican tea appoints the following Senators to the that Chairman LANDRIEU has been so party plan locks in the Bush tax cuts Board of Visitors of the U. S. Naval patient in helping us move forward. for the wealthy—tax cuts that were Academy: the Senator from Illinois, In addition, the text of the long-term passed 10 years ago when we were look- Mr. KIRK, from the Committee on Ap- CR has been filed in the House and is ing at budget surpluses as far as the propriations, and, the Senator from Ar- available for everyone’s review. It is on eye could see. izona, Mr. MCCAIN, from the Com- the Internet. People can read it there Well, under our present cir- mittee on Armed Services. also. We expect to receive it from the cumstances, the wealthy don’t need The Chair, on behalf of the Vice House on Thursday. Senators are en- these tax breaks, and we can’t afford President, pursuant to title 46, Section couraged to come to the floor to debate them. This budget of Mr. RYAN’s and 1295(b), of the U.S. Code, as amended by it tomorrow. Senators will be notified Republicans slashes the tax rate from Public Law 101–595, and upon the rec- when votes are scheduled. 35 percent to 25 percent. That is the ommendation of the chairman of the lowest level since 1931. Indeed, this so- Committee on Commerce, Science, and f called deficit reduction plan includes Transportation, appoints the following ORDER FOR ADJOURNMENT tax cuts that would cost $2.9 trillion Senators to the Board of Visitors of the over the next 10 years compared to the Mr. REID. Mr. President, if there is U. S. Merchant Marine Academy: the CBO baseline, and that is according to no further business to come before the Senator from Georgia, Mr. ISAKSON, the nonpartisan Tax Policy Institute. Senate, I ask unanimous consent that from the Committee on Commerce, This tea party budget plan repeals it adjourn under the previous order, Science, and Transportation, and the the new health reform law, stripping 34 following the remarks of Senator HAR- Senator from Arkansas, Mr. BOOZMAN, million nonelderly Americans of health KIN, which will not exceed 15 minutes. at large. coverage and eliminating all the con- The PRESIDING OFFICER. Without The Chair, on behalf of the Vice sumer protections in the law, including objection, it is so ordered. President, pursuant to Public Law 70– the ban on discrimination based on pre- 770, appoints the Senator from Mis- f existing conditions. sissippi, Mr. COCHRAN, to the Migratory BUDGET PRIORITIES This budget of the Republicans re- Bird Conservation Commission. peals the Dodd-Frank Wall Street re- The Chair, on behalf of the Vice Mr. HARKIN. Mr. President, there is form law, allowing financial manipula- President, pursuant to Public Law 93– one point on which every Senator tors to return to the same reckless 642, appoints the following Senator to agrees, Democrats and Republicans practices that led to the financial col- be a member of the Board of Trustees alike: The economic recovery is start- lapse, to the great recession, and to of the Harry S. Truman Scholarship ing to gain strength, and it is time to much of our current huge budget defi- Foundation: the Honorable ROY BLUNT focus our attention on reducing deficits cits. of Missouri, vice the Honorable Kit and restoring fiscal discipline. The cur- This budget cuts the maximum Pell Bond of Missouri. rent deficits are unsustainable and grant award even as more students are present a very real danger to our Na- f enrolling in higher education to give tion’s future economic prosperity; how- themselves the skills they need for the SMALL BUSINESS JOBS BILL ever, there is sharp disagreement as to modern economy. Mr. REID. Mr. President, we are how best to achieve that shared goal. How bizarre that several pundits working on a way to move forward on Along with other Democratic Sen- have called this Republican tea party the small business jobs bill. Staff has ators, I advocate a balanced approach budget plan ‘‘courageous.’’ There is been working on this today. We have that includes spending cuts and nec- nothing courageous about targeting quite a number of amendments on essary revenue increases while con- the most vulnerable people in our soci- which we are trying to get an agree- tinuing to make crucial investments in ety for the overwhelming share of cuts. ment. We have not been successful yet. education, infrastructure, and re- There is nothing courageous about giv- I hope we can be tomorrow because we search, the investments that are abso- ing another huge tax cut bonanza to need to wrap up that bill in anticipa- lutely essential if we are going to stay those who have seen their incomes sky- tion of the work we have to do on pass- competitive in a global economy. We rocket in recent years. There is noth- ing the continuing resolution for the know this approach can work because ing courageous about destroying the rest of this fiscal year. it is what we did under President Clin- retirement security of tens of millions f ton’s leadership in the 1990s. That of American seniors, including disman- budget at that time created large sur- tling Medicare and hacking away at ORDERS FOR WEDNESDAY, APRIL pluses and put us on the track to com- Social Security. There is nothing cou- 13, 2011 pletely eliminating the national debt rageous about gutting Medicaid, the Mr. REID. Mr. President, I ask unan- within a decade. It also created a brief program that millions of seniors and imous consent that when the Senate era of shared prosperity with 22 million people with disabilities depend on to completes its business today, it ad- new jobs and 116 consecutive months of pay for care such as nursing home care journ until 9:30 a.m. on Wednesday, economic expansion. or home health aids. April 13; that following the prayer and By contrast most Republican Sen- Let’s be clear. There is nothing cou- pledge, the Journal of proceedings be ators favor an approach that I consider rageous in this Republican tea party approved to date, the morning hour be to be unbalanced, unfair, and highly budget. To the contrary, I suggest it is deemed expired, the time for the two unlikely to succeed. We have now had a cowardly budget. It is a bully’s budg- leaders be reserved for their use later nearly a week to evaluate the House et. In this budget the powerful and the in the day, and the Senate proceed to a Republicans’ budget proposal for 2012 privilege attack the weak and the vul- period of morning business for debate and beyond—the so-called Ryan budg- nerable. only until 3 p.m., with Senators per- et. Let’s look at what this truly radical We all understand what is going on. mitted to speak therein for up to 10 budget plan would do. Republicans are seizing on the budget minutes each, with the Republicans It completely dismantles Medicare crisis as a pretext for ramming through controlling the time from 11:30 a.m. and Medicaid. a longstanding ideological wish list. At until 12:30 p.m. for the purpose of a col- It concentrates two-thirds of its the State level—in Iowa, Wisconsin, loquy, and the majority controlling the spending cuts on programs serving the Ohio, and elsewhere—Republicans are time from 1 p.m. until 2 p.m., and the most disadvantaged people in our soci- using the budget crisis as a pretext for majority leader recognized at 3 p.m. ety, including seniors and people with an assault on public workers, including The PRESIDING OFFICER. Without disabilities, even as it preserves huge teachers and firefighters and others. objection, it is so ordered. subsidies for special interests. On Capitol Hill they are using it to try

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Since 1979, working Americans. It would drive care, creating a new private voucher real wages have not gone up. You won- down Americans’ standard of living, program so future seniors would have der why middle-class Americans are so shred the economic safety net, reduce to pay out of pocket for many life- upset about what is going on. They re- access to health care and higher edu- saving health care costs. It does noth- alize this. They may not be able to put cation, and do grave damage to our ing to control health care costs. It sim- it in exact language, but I can tell you public schools and their ability to pre- ply shifts the costs to the elderly indi- that middle-class families know what pare the next generation for the jobs of viduals. has happened to them. They know they the future. Get this: The Congressional Budget have lost their earning power. Make no mistake. It is not about re- Office estimates that by 2030, under the Middle-class jobs are also being ducing budget deficits. Republican Republican budget plan, seniors would shipped overseas—a trend actually en- Governors and Republicans in Congress have to pay two-thirds of the cost of couraged by our Tax Code. Income in- are demanding budget cuts to programs their health coverage. equality in America is reaching Third- on which the middle class rely at the Future seniors would see their out- World levels. Job security, savings, and same time they continue to push for of-pocket costs more than double to pensions are disappearing, along with tax cuts for large corporations and the $12,500 a year. At the same time, the the American dream. wealthy. benefits would be cut in half—in just 20 Now, with working Americans barely Call this what it is: Republicans have years. Think about that. People who making ends meet, just barely holding openly declared class warfare. Repub- are now in their forties, looking to on to a decent way of life, the Repub- lican Governors have the gall to attack when they get on Medicare, will have licans have proposed a budget—make teachers, firefighters, police officers, their benefits cut in half, but they will no mistake—that will destroy what is and other public employees as—in the pay twice as much for it under the left of the middle class in this country. words of Indiana Gov. Mitch Daniels— voucher system. I could not disagree more strenuously ‘‘the privileged elite’’—the privileged This tea party Republican budget re- with this approach. The future of our elite. opens the prescription drug doughnut Nation depends on our ability to ensure Our police, our firefighters, our pub- hole which we have set in motion to that everybody benefits from economic lic employees are the privileged elite? close under the affordable care act. growth. It means putting policies into Why? Well, I suppose because they ac- That would require seniors to pay place that build a strong and vibrant tually have pensions. They have decent $3,600 a year more for prescription middle class with good jobs, fair wages, jobs, decent wages, access to health drugs. and good benefits. That is the America care. For heaven’s sake, we shouldn’t The Republican tea party block I want to see—one where people who be dragging people down because they grants Medicaid and cuts $1 trillion in work hard and play by the rules can have a middle-class life. We should be health care services, which would end live a decent life. Tragically, the tea working day and night to give every vital services disabled Americans de- party budget plan would take us in ex- American a decent standard of living, pend on, such as coverage for home actly the opposite direction. It would to shore up the middle class rather health aides, assistance services so gut the whole range of programs that than tearing it down. they can get a job, or going to a nurs- support the middle class in this coun- I suppose, to Governor Daniels and ing home if that is the only option. By try. It would dismantle the safety net others, if the middle class are the privi- shifting costs to the States, this would for those with disabilities and for the leged elite, then I guess the middle worsen our State budget deficits. poor—a safety net that has been pains- class today are those who are making The Republican budget proposal takingly created over the last 80 years. minimum wage, working at dead-end doesn’t stop at dismantling the safety This Republican budget plan not only jobs. Is that the new middle class? net and programs seniors rely on for a turns the clock back to before the Meanwhile, as Republicans at the secure retirement. This budget plan Great Society programs of Pell grants, State and national level go after the makes profound and destructive cuts to housing, and support for people in the health care and retirement security of the entire range of programs that un- middle class, it would turn it back to middle-class Americans—again, they derpin the American middle-class even before the New Deal. It would gut are going all out to pass new tax standard of living, everything from all Federal support that is basic for breaks for those who have already been education, student grants and loans, education. It would all but eliminate showered with tremendous breaks in law enforcement, clean air and clean Federal support for infrastructure, the past. The tax cuts the congres- water, food safety, biomedical re- which means we will fall even further sional Republicans secured in Decem- search, highways, bridges, and infra- behind China and the European Union, ber—that is what was passed in Decem- structure—in short, all of the programs which are investing massively in every- ber—will add a whopping $354 billion to and services middle-class Americans thing from ultramodern ports, to high- the deficit this year and even more rely on for a decent way of life and the speed rail, to state-of-the-art roads and next year. The Congressional Budget promise that enhances the ability of bridges. Right now, China is investing Office estimates that the tax cuts in the private sector to grow and provide between 8 and 10 percent of its GDP in the new House budget would cost the more jobs. infrastructure. We are at 2 percent and Treasury $2.9 trillion over 10 years. Yet The Republican assault on the middle going down. now these very same Republicans claim class is breathtaking both in scope and Indeed, this tea party budget aims to they are worried about the deficit. depth. It could not come at a worse dismantle the Federal Government as Well, they are not fooling anyone. time for working Americans, who are we know it. It proposes to shrink dis- This is not about deficit reduction, it is already under enormous strain. It is no cretionary spending—including de- about ideology. Republicans are taking secret that people are working harder fense—and other minor mandatory pro- a meat ax to programs for the middle and longer than ever before, but they gram spending from 12 percent of GDP class—everything from cancer research still can’t seem to meet the cost of last year to 6 percent of GDP in 2022 to education to transportation to basic, everyday needs such as edu- and to just 3.5 percent of GDP per year health care—and they are gutting the cation, transportation, and housing, let in the long run. Think about that. It safety net for the elderly, the poor, and alone save enough to support them- would shrink discretionary spending people with disabilities. selves in their old age. Even before the and other mandatory spending from 12 It is the same old GOP game plan: great recession, working people weren’t percent of the budget last year to Give huge, unaffordable tax cuts to sharing in our Nation’s prosperity. about 3.5 percent of the budget over the

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We kids who can’t scrape together enough budget either. don’t live in the era of Calvin Coolidge money to purchase decent health insur- f any longer, but this budget would take ance, this budget says: Tough luck. us back to that time. You are on your own. MEASURE READ THE FIRST Adding insult to injury, this budget If you are a poor rural community TIME—H.J. RES. 37 plan makes a mockery of the concept that needs assistance to pay for a new Mr. HARKIN. Mr. President, I under- of shared sacrifice to reduce deficits. sewer system or a flood control project, stand there is a House joint resolution Apparently, it wasn’t enough to bail this budget says: Tough luck. You are at the desk, and I ask for its first read- out the Wall Street bankers whose on your own. ing. reckless gambling and risk-taking cre- If you are a poor, urban community The PRESIDING OFFICER (Mr. BEN- ated the great recession; now we are struggling to find funding to create NET). The clerk will read the joint reso- being asked to cut programs for work- high-quality K–12 public schools for lution by title for the first time. ing Americans so that Wall Street can your children, this budget says: Tough The legislative clerk read as follows: get another giant tax cut. luck. You are on your own. This Republican tea party budget is If you are a retiree with serious A joint resolution (H.J. Res. 37) dis- built on bad priorities, bad policy, and health problems and can’t afford the approving the rule submitted by the Federal Communications Commission with respect just plain bad values. As columnist big out-of-pocket costs in this Repub- to regulating the Internet and broadband in- E.J. Dionne points out, Americans can lican plan to do away with Medicare or dustry practices. see ‘‘how radical the new conservatives if your health insurance company Mr. HARKIN. I now ask for its second in Washington are, and the extent to abruptly cancels your policy, this reading, and in order to place the joint which some politicians would transfer budget says: Tough luck. You are on resolution on the calendar under the even more resources from the have- your own. provisions of rule XIV, I object. nots and the have-a-littles to the have- If you are a low-income family who The PRESIDING OFFICER. Objec- a-lots.’’ counts on Federal nutrition assistance tion is heard. The joint resolution will Going back to the 1930s, the Amer- and you are trying to decide whether be read the second time on the next ican people have supported and to spend scarce dollars on food or medi- legislative day. strengthened an unwritten social con- cine, this budget says: Tough luck. You tract. That social contract says that are on your own. f we will prepare our young, care for our Mr. President, this would not be the elderly, and build a safety net for those America we have come to know and ADJOURNMENT UNTIL 9:30 A.M. who fall, who become disabled or sick. love. It is not the kind of America my TOMORROW That unwritten social contract says grandparents and your grandparents or The PRESIDING OFFICER. Under that if you work hard and play by the our fathers and mothers built for us the previous order, the Senate stands rules, you will be able to rise to the and for future generations. It is not the adjourned until 9:30 a.m. tomorrow. middle class or even beyond. That so- America that built the best middle Thereupon, the Senate, at 6:31 p.m., cial contract says that if you start at class history has ever seen. This budget adjourned until Wednesday, April 13, the bottom, you will have a ladder of is not the kind of America my friends 2011, at 9:30 a.m. opportunity to the middle class. It says and neighbors in Iowa would find ac- f that a cardinal rule of government is ceptable. to provide a ladder of opportunity so So, mark my words, this budget is CONFIRMATIONS that every American can realistically not a courageous budget. As I said, it is Executive nominations confirmed by aspire to the American dream. a cowardly budget, a bully budget. And the Senate April 12, 2011: But in one fell swoop, this Repub- the American people will not stand for lican budget rips up that social con- this unwise, unbalanced, unfair assault THE JUDICIARY tract. It replaces it with a winner- on their economic security, their way VINCENT L. BRICCETTI, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT takes-all philosophy that tells strug- of life, and the America our grand- OF NEW YORK. gling, aspiring people and communities parents and our parents built for us JOHN A. KRONSTADT, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT across America: You are on your own. and for future generations. OF CALIFORNIA.

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NATIONAL LIBRARY WEEK AND School from Perryopolis, PA and their ELIJAH QUINTANILLA KANSAS STATE UNIVERSITY achievements in the national March Math Madness Competition. HON. ED PERLMUTTER HON. LYNN JENKINS More than 1,400 schools from 30 states OF COLORADO OF KANSAS took part in the March Math Madness Com- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES petition sponsored by Apangea Learning. Stu- Tuesday, April 12, 2011 Tuesday, April 12, 2011 dents were challenged to complete hundreds Mr. PERLMUTTER. Mr. Speaker, I rise of thousands of math equations in a competi- Ms. JENKINS. Mr. Speaker, from April 10th today to recognize and applaud Elijah tion designed to mirror the college basketball Quintanilla for receiving the Arvada Wheat to April 16th our nation is celebrating National March Madness championship. The group of Library Week. This one week each year we Ridge Service Ambassadors for Youth award. 74 students from Frazier Middle School, led by Elijah Quintanilla is a 12th grader at Arvada take time to honor and thank our nation’s li- math teacher Susan Szelc, completed 132,023 braries and their dedicated staff for the vital High School and received this award because math problems and worked 2,175 hours since his determination and hard work have allowed role they play in our communities. March 1, 2011. A majority of that time, 1,161 Today, I rise to support the work at the Li- him to overcome adversities. hours, was spent solving equations outside of brary at Kansas State University. As part of The dedication demonstrated by Elijah the traditional school day. These are com- the land-grant mission, the Library at Kansas Quintanilla is exemplary of the type of mitted students who put in the extra effort to State University serves not only the campus achievement that can be attained with hard complete a challenge and stimulate their and students at K-State, but the good folks of work and perseverance. It is essential stu- minds. Fort Riley, Fort Leavenworth and many other dents at all levels strive to make the most of communities in the 2nd District and across The eighth graders from Frazier Middle their education and develop a work ethic which will guide them for the rest of their lives. Kansas. Whether it is internet access, aca- School first qualified for the Sweet 16 on Feb- I extend my deepest congratulations to Eli- demic research, or just finding a good book, ruary 28, 2011; later advanced to the Elite jah Quintanilla for winning the Arvada Wheat the Library at Kansas State serves our friends Eight, the Final Four, and then to the national championship round. The students’ hard work Ridge Service Ambassadors for Youth award. and neighbors in an important way. I am I have no doubt he will exhibit the same dedi- proud to represent them in Congress and has brought them the coveted March Math Madness Trophy and a banner to proudly dis- cation and character in all his future accom- humbled to honor them today. plishments. f play in their school gymnasium. They also had the distinguished honor of having one of their f FRANCISCO ALVARADO own peers, Alex Lyons, be named the MVP of INTRODUCTION OF THE TEAM B the East. Alex was able to pass the most math ACT HON. ED PERLMUTTER equations, 530 units, without failing. OF COLORADO Our country’s future is dependent on the HON. FRANK R. WOLF IN THE HOUSE OF REPRESENTATIVES hard work and intellect of students like these. OF VIRGINIA Tuesday, April 12, 2011 It is encouraging to see such talent and ambi- IN THE HOUSE OF REPRESENTATIVES tion being nurtured in our public school sys- Mr. PERLMUTTER. Mr. Speaker, I rise Tuesday, April 12, 2011 tem. Outstanding educators, such as Susan today to recognize and applaud Francisco Al- Szelc, must also be commended for her ef- Mr. WOLF. Mr. Speaker, today I am intro- varado for receiving the Arvada Wheat Ridge forts in this challenge. ducing the Team B Act to confront the growing Service Ambassadors for Youth award. Fran- challenge of domestic radicalization and cisco Alvarado is a 12th grader at Arvada These students have displayed a true apti- homegrown terrorist attacks. I believe that we West High School and received this award be- tude for learning and should be properly rec- must take a fresh look at how we can thwart cause his determination and hard work have ognized for the great champions that they are. domestic radicalization. allowed him to overcome adversities. Mr. Speaker, once again I would like to honor I have been concerned about and been fol- The dedication demonstrated by Francisco these students for their hard work, dedication, lowing the issue of radical Islamic terrorism for Alvarado is exemplary of the type of achieve- and commitment towards their education. nearly 3 decades. I visited the Marine bar- ment that can be attained with hard work and racks in Lebanon following the 1983 bombing perseverance. It is essential students at all f that killed 241 American servicemen. levels strive to make the most of their edu- I closely followed the issue of terrorism with cation and develop a work ethic which will OUR UNCONSCIONABLE NATIONAL the first attack on the World Trade Center in guide them for the rest of their lives. DEBT 1993 and throughout the 1990s with the dead- I extend my deepest congratulations to ly attacks against our embassies in Tanzania Francisco Alvarado for winning the Arvada and Kenya, where yet another of my constitu- Wheat Ridge Service Ambassadors for Youth HON. MIKE COFFMAN ents was killed. award. I have no doubt he will exhibit the OF COLORADO As a result, in 1998 I authored legislation same dedication and character in all his future creating the National Commission on Ter- IN THE HOUSE OF REPRESENTATIVES accomplishments. rorism, also known as the Bremer Commis- f Tuesday, April 12, 2011 sion, and highlighted the threat from Osama bin Laden in my introductory remarks—years IN RECOGNITION OF THE EIGHTH Mr. COFFMAN of Colorado. Mr. Speaker, before many in our government fully under- GRADERS OF FRAZIER MIDDLE today our national debt is stood the danger he posed. SCHOOL IN PERRYOPOLIS, PENN- $14,267,760,539,191.89. I was the chairman of the House Appropria- SYLVANIA On January 6, 2009, the start of the 111th tions subcommittee that funds the FBI and Congress, the national debt was Justice Department on September 11, 2001, HON. MARK S. CRITZ $10,638,425,746,293.80. and I worked closely with Director Mueller and his leadership team from 2002 to 2006 to OF PENNSYLVANIA This means the national debt has increased IN THE HOUSE OF REPRESENTATIVES transform its mission to deal with the terrorist by $3,629,334,792,898.00 since then. threat. Tuesday, April 12, 2011 This debt and its interest payments we are I am now again chairman of that sub- Mr. CRITZ. Mr. Speaker, I rise today to rec- passing to our children and all future Ameri- committee and receive regular briefings on ter- ognize the eighth graders of Frazier Middle cans. rorism and the new and growing threat posed

∑ 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 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12AP8.001 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS E696 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2011 by domestic radicalization and frequently visit team concept would represent a new ap- daughter, and friend. She was also a dedi- the National Counterterrorism Center, which is proach to counterterrorism that would po- cated public servant in the Tampa Bay com- located in my district. tentially enable the United States to stay munity. Ms. Herring stands apart as an ideal According to the Congressional Research one step ahead of our adversaries’ own strat- citizen and was a living testimony of resil- egy and tactics. Service, there have been 43 ‘‘homegrown First, it would have a broader remit than ience, patience, and love. jihadist terrorist plots and attacks since 9/11,’’ the red team exercises currently employed Ms. Herring was born on July 26, 1954 to including 22 plots or attacks since May 2009. by individual agencies. Congressman Wolf’s Johnnie and Mildred Jackson in Jasper, Flor- Director Mueller and the men and women of idea is that this red team would have a stra- ida. In later years, the Jackson family relo- the FBI should be commended for their excep- tegic counterterrorism mandate and would cated to St. Petersburg, Florida. Ms. Herring tional work in intercepting would-be terrorists therefore look at general, global patterns of later graduated from Lakewood High School in before their attacks. They work tirelessly to terrorism rather than the use and effects of 1973, where she was a member of the first in- protect our country and their record over the individual tactics. tegrated graduating class. In 1977, she re- Second, it would be composed of non- ceived her Bachelor of Science degree in Edu- last decade speaks for itself. government specialists and experts rep- But despite the FBI’s success at disrupting resenting a broad array of different perspec- cation from the University of Florida in Gaines- plots under way, the U.S. does not have an tives, backgrounds and opinions—the type of ville, Florida. While attending the University of effective or coherent policy to prevent domes- ‘‘glorious amateurs’’ described by General Florida, Ms. Herring was an active member of tic radicalization. According to a recent report Donovan who once populated the OSS but the Crossroad Christian Organization, as well by respected counterterrorism experts called who would now be enlisted in the war on ter- as several advocacy groups for those suffering Assessing the Terrorist Threat: rorism. with sickle cell anemia. Under Congressman Wolf’s formulation, ‘‘The American melting pot’’ has not pro- For over fifteen years, Ms. Herring dedi- these persons would advise and help inform vided a firewall against the radicalization cated her life to assisting the lives of the men- the assessments of both the National Intel- and recruitment of American citizens and tally ill. She served as a Counselor and Resi- ligence Council (NIC) and Office of the Direc- residents, though it has arguably lulled us tor of National Intelligence by providing dential Director for Boley Centers for Behavior into a sense of complacency that homegrown broad strategic analysis of terrorism trends Health Care, Inc. After her passing, Boley terrorism couldn’t happen in the United and patterns and their possible future impli- Centers dedicated their main lounge area in States... By not taking more urgently and cations. In this manner, alternative assess- her honor in recognition of her steadfast com- seriously the radicalization and recruitment ments and strategic counterterrorism anal- that was actually occurring in the U.S., au- mitment to public service and advocacy for the ysis could be provided to the Intelligence thorities failed to comprehend that this was mentally ill. Prior to working with Boley Cen- Community that would also help to avoid not an isolated phenomenon... Rather, it ters, Ms. Herring was a headstart teacher in ‘‘group think.’’ indicated the possibility that even an embry- the Pinellas County School System. onic terrorist radicalization and recruitment Mr. Speaker, for these reasons I believe this Ms. Herring was also an active member of infrastructure had been established in the legislation would be a constructive step to ad- Bay Vista Church of Christ, where she served U.S. homeland. dress the evolving terrorist threat and I urge on the Board of Directors for several years. That is why I am introducing this legislation my colleagues to support it. Survived by her daughter, Oneshia Herring to create a ‘‘Team B’’ to bring fresh eyes to f (Washington, DC); her parents, Johnnie and U.S. domestic radicalization and counterter- Mildred Jackson (St. Petersburg, Florida); sis- rorism strategy. The team would represent a EMILY BURTON ter, Thelma Jackson-Burns (St. Petersburg, new approach, which focuses not just on con- Florida); and brothers, Johnnie Jackson, Jr. necting the dots of intelligence, but to rethink HON. ED PERLMUTTER (St. Petersburg, Florida) and Alonzo Solomon the nature of threats to stay a step ahead in OF COLORADO (Atlanta, Georgia), Ms. Herring was known understanding how to break the radicalization IN THE HOUSE OF REPRESENTATIVES throughout her family, colleagues, clients, and and recruitment cycle that sustains terrorism, community as a compassionate leader with a how to disrupt the global terrorist network and Tuesday, April 12, 2011 peaceful, virtuous, and generous spirit. While how to strategically isolate it. Mr. PERLMUTTER. Mr. Speaker, I rise her presence is truly missed, her legacy con- During the Ford administration, then-CIA di- today to recognize and applaud Emily Burton tinues to live on in the hearts of all the many rector George H.W. Bush created a ‘‘Team B’’ for receiving the Arvada Wheat Ridge Service people she touched. composed of outside experts to reexamine in- Ambassadors for Youth award. Emily Burton is Mr. Speaker, Alphonse de Lamartine once telligence relating to Soviet capabilities. Their a 12th grader at Arvada High School and re- said ‘‘To love for the sake of being loved is conclusions were markedly different than ceived this award because her determination human, but to love for the sake of loving is an- those reached by agency officials. Many of and hard work have allowed her to overcome gelic.’’ For her angelic spirit and unconditional their assessments were used in the Reagan adversities. love to her family and community, it is with administration to deal with the Soviets—ulti- The dedication demonstrated by Emily Bur- great privilege that I celebrate the life of Ms. mately leading to the end of the Cold War. ton is exemplary of the type of achievement Carolyn Jackson Herring. I extend my deepest Today, our intelligence community and fed- that can be attained with hard work and perse- condolences to her friends and family. eral law enforcement are so inundated with re- verance. It is essential students at all levels f ports and investigations that they do not have strive to make the most of their education and DOMINIC PANICUCCI the time or capacity to step back and strategi- develop a work ethic which will guide them for cally reevaluate the threat before us. the rest of their lives. I believe a ‘‘Team B’’ would provide a tre- I extend my deepest congratulations to HON. ED PERLMUTTER mendous service to both the agencies and the Emily Burton for winning the Arvada Wheat OF COLORADO IN THE HOUSE OF REPRESENTATIVES Congress in making recommendations on how Ridge Service Ambassadors for Youth award. we can disrupt domestic radicalization. I have no doubt she will exhibit the same dedi- Tuesday, April 12, 2011 For more than a year, I have written numer- cation and character in all her future accom- Mr. PERLMUTTER. Mr. Speaker, I rise ous letters to the President and members of plishments. today to recognize and applaud Dominic his national security team urging them to im- f Panicucci for receiving the Arvada Wheat plement this proposal. They have not. Ridge Service Ambassadors for Youth award. As respected Georgetown University pro- IN MEMORIAM OF CAROLYN Dominic Panicucci is a 12th grader at fessor Dr. Bruce Hoffman wrote for The Na- JACKSON HERRING Standley Lake High School and received this tional Interest in October 2010: award because his determination and hard The logic behind Congressman Wolf’s idea HON. ALCEE L. HASTINGS work have allowed him to overcome adversi- is simple and makes eminent sense. Since OF FLORIDA ties. both the U.S. intelligence community and IN THE HOUSE OF REPRESENTATIVES The dedication demonstrated by Dominic our national security and law-enforcement Panicucci is exemplary of the type of achieve- agencies are overwhelmed with data, infor- Tuesday, April 12, 2011 mation and a multiplicity of immediate ‘‘in- ment that can be attained with hard work and box’’-driven issues that continually chal- Mr. HASTINGS of Florida. Mr. Speaker, I perseverance. It is essential students at all lenge their ability to think both strategi- rise today to honor Ms. Carolyn Jackson Her- levels strive to make the most of their edu- cally and in terms of a patently evolving, dy- ring, who died on April 12, 2001 at the age of cation and develop a work ethic which will namic, multidimensional threat, the red 46. Ms. Herring was a selfless mother, sister, guide them for the rest of their lives.

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.003 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS April 12, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E697 I extend my deepest congratulations to of Assignment Judge for the Essex Vicinage cation and character in all his future accom- Dominic Panicucci for winning the Arvada and again made his mandate to reduce back- plishments. Wheat Ridge Service Ambassadors for Youth logs and improve the efficiency of court oper- f award. I have no doubt he will exhibit the ations. During his five-year tenure, both goals same dedication and character in all his future were achieved. HONORING LONG-TIME COMMU- accomplishments. While serving as the Assignment Judge in NITY LEADER AND ACTIVIST MR. JOE YING CHIU f the Essex Vicinage, two significant pilot pro- grams were developed and implemented after TRIBUTE TO THE HONORABLE approval by the Supreme Court; the Greater HON. JUDY CHU JOSEPH A. FALCONE Newark Safer Cities Initiative and the License OF CALIFORNIA Reinstatement Program. In addition, he au- IN THE HOUSE OF REPRESENTATIVES HON. BILL PASCRELL, JR. thored In re Fire at Seton Hall University, 368 Tuesday, April 12, 2011 OF NEW JERSEY N.J.Super. 269 (Law Div. 2003), a mini-trea- Ms. CHU. Mr. Speaker, I rise today to rec- IN THE HOUSE OF REPRESENTATIVES tise on grand jury practice and procedure, ognize a great loss to our community, Mr. Joe which in connection with the Seton Hall fire Tuesday, April 12, 2011 Ying Chiu, who passed away on March 24, case, he approved publication of a Grand Jury 2011 at the age of 76. My heart goes out to Mr. PASCRELL. Mr. Speaker, I would like to Presentment, which led to legislation making it his wife, Marilyn; sons Steven and Edward; call to your attention the work of a great man, mandatory for residential colleges to install fire daughter Carolyn; his four grandchildren; and Hon. Joseph A. Falcone, who is retiring after sprinklers. the rest of his family and friends. twenty-five years on the bench from his posi- From August 1, 2004 to August 31, 2005, Mr. Chiu was an extraordinary citizen, a role tion in the trial courts of his home county of Judge Falcone served the Appellate Division. model for community activism and a powerful Passaic, New Jersey. He will be honored on In 2004, he was elected to the Fellows of the advocate for the Chinese American commu- April 12, 2011 by his friends and colleagues American Bar Foundation and inducted into nity. He was the living embodiment of the for his service to his profession and his com- the Newark Athletic Hall of Fame. For many American Dream, having been born in China munity. years of his twenty-five years on the bench, in 1934 and then emigrating to the United It is only fitting that he be honored in this, Judge Falcone served on the Model Criminal States as a ‘‘paper son’’ when he was just a the permanent record of the greatest freely Jury Charges Committee as a member and teenager, first arriving in the San Francisco elected body on earth, for he has a long his- Chair of the Conference of Criminal Presiding tory of dedication, commitment and integrity. Bay area. Judges, Chair of the Bail Forfeiture Judges Like most immigrant children, he learned the Judge Joseph A. Falcone was born in New- Committee, Chair of the Judicial Council’s IT ark, New Jersey and is a product of that city’s values of hard work and perseverance at an Steering Committee, and a member of and in early age. After meeting his wife Marilyn and public school system. He received a B.A. de- the 2003–2004 the Chair of the Judicial Coun- gree from Rutgers University and went on to marrying her in 1961, he went to work at his cil. father-in-law’s meat market in Pasadena, receive his J.D. degree from Rutgers-Camden Since September 2005, Judge Falcone has School of Law in 1968. Judge Falcone com- Southern California. It was there that his been assigned to the trial courts; first in the strong work ethic began paying off, and where menced his legal career as a law secretary Morris/Sussex Vicinage, and since September before being admitted to the Bar on November he first honed his incredible business acumen. 2007 in his home county of Passaic. Judge With the help and support of his father-in- 27, 1968. Falcone resides in Wayne, NJ with Beverly, In September 1969, Judge Falcone was law, he eventually opened his own grocery his wife and best friend for over thirty-two store in Long Beach in 1967. That store, Han- sworn in as an assistant Essex County pros- years, and their daughter Larissa. ecutor. He served in the appellate and trial son’s Market, went on to become a fixture in The job of a United States Congressman in- the community and served the neighborhood section and as the Deputy Director of the City volves much that is rewarding, yet nothing Council Organized Crime Strike Force. In Sep- for 25 years. compares to recognizing the accomplishments It was the beginning of a long career in the tember 1975, the judge was sworn in as the of community leaders like Judge Falcone. First Assistant Prosecutor for Passaic County. grocery business for Joe, who became a suc- Mr. Speaker, I ask that you join our col- cessful businessman and eventually owned That same month he was admitted to practice leagues, Judge Falcone’s family, friends and before the United States Supreme Court. and operated several different establishments. everyone he has worked with throughout the After his retirement from the grocery busi- On April 2, 1990, Judge Falcone was given years and me in recognizing the outstanding the task of reorganizing the criminal justice ness, Joe was able to focus his energy on a and invaluable achievements of the Honorable cause that had long been dear to his heart: system in Essex County. It had been de- Joseph A. Falcone. scribed as ‘‘one of the slowest and least effi- advocating for the Chinese American commu- f cient of any urban county in the United nity in Los Angeles’ Chinatown. With his wife States’’ by the National Center for State EDDIE THOMAS Marilyn, Joe became an active member of the Courts. The reorganization was an over- Lung Kong Association, serving in several po- whelming success. Five years later, the Jus- HON. ED PERLMUTTER litical offices in the organization. tice Management Institute’s report said, He went on to become an avid and gen- OF COLORADO erous supporter of numerous civic, political ‘‘Essex County, New Jersey is the scene of IN THE HOUSE OF REPRESENTATIVES one of the most dramatic improvements in the and philanthropic events and charities that handling of serious criminal cases that has Tuesday, April 12, 2011 greatly benefited the Chinese community throughout the United States, China and Tai- taken place anywhere in the United States in Mr. PERLMUTTER. Mr. Speaker, I rise wan. the past thirty years.’’ The feature article de- today to recognize and applaud Eddie Thomas I urge all my House colleagues to join me scribed Judge Falcone as ‘‘the management for receiving the Arvada Wheat Ridge Service in honoring our community hero, Mr. Joe Ying of the New Jersey judiciary.’’ He was Ambassadors for Youth award. Eddie Thomas Chiu, for his remarkable service and contribu- asked to ‘‘repeat the miracle in Passaic Coun- is an 8th grader at Moore Middle School and tions to our country. ty’’ where he had been transferred in May received this award because his determination 1996 to serve as the Presiding Judge of the and hard work have allowed him to overcome f Criminal Division. On October 3, 1996, Judge adversities. FRANCISCO IBARRA Falcone was appointed to serve as the assign- The dedication demonstrated by Eddie ment judge for the vicinage. Thomas is exemplary of the type of achieve- HON. ED PERLMUTTER During this time he authorized the creation ment that can be attained with hard work and OF COLORADO of the, Village Initiative, which was highly ac- perseverance. It is essential students at all IN THE HOUSE OF REPRESENTATIVES claimed. He also addressed and reduced levels strive to make the most of their edu- criminal court backlogs and increased effi- cation and develop a work ethic which will Tuesday, April 12, 2011 ciency in the court system. A Herald News ar- guide them for the rest of their lives. Mr. PERLMUTTER. Mr. Speaker, I rise ticle of August 1997 noted that Judge Falcone I extend my deepest congratulations to today to recognize and applaud Francisco had ‘‘made the criminal court system in Pas- Eddie Thomas for winning the Arvada Wheat Ibarra for receiving the Arvada Wheat Ridge saic County a trim and responsive operation.’’ Ridge Service Ambassadors for Youth award. Service Ambassadors for Youth award. Fran- In 1999, Judge Falcone assumed the position I have no doubt he will exhibit the same dedi- cisco Ibarra is a 9th grader at Jefferson Senior

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K12AP8.005 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS E698 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2011 High and received this award because his de- well as the extraordinary impact they have had The Department of Education will analyze termination and hard work have allowed him on our nation’s health care policy and, more the programs and disseminate which were ef- to overcome adversities. importantly, in the lives of the many who have fective in recruiting teachers from underrep- The dedication demonstrated by Francisco sought them out for assistance. I have no resented groups. Successful results could be Ibarra is exemplary of the type of achievement doubt that the Center and its dedicated staff replicated in other school districts. that can be attained with hard work and perse- will continue in its innovative advocacy, work- It is a worthwhile effort to bring teachers verance. It is essential students at all levels ing to both improve our Medicare system as from underrepresented groups into our class- strive to make the most of their education and well as the lives of those who turn to them for rooms. This legislation begins a national effort develop a work ethic which will guide them for guidance and support. Happy 25th Anniver- to build a teaching force that reflects the di- the rest of their lives. sary and best wishes for many more years of verse population of the United States to en- I extend my deepest congratulations to success! hance the learning experience of our students. Francisco Ibarra for winning the Arvada Wheat f Thank you, Mr. Speaker, and I urge consid- Ridge Service Ambassadors for Youth award. eration of the bill. I have no doubt he will exhibit the same dedi- EMILY NEWMAN f cation and character in all his future accom- DOMINIC GIOVANINI plishments. HON. ED PERLMUTTER f OF COLORADO IN THE HOUSE OF REPRESENTATIVES HON. ED PERLMUTTER CONGRATULATING THE CENTER Tuesday, April 12, 2011 OF COLORADO FOR MEDICARE ADVOCACY, INC. IN THE HOUSE OF REPRESENTATIVES Mr. PERLMUTTER. Mr. Speaker, I rise AS IT CELEBRATES IT’S 25TH Tuesday, April 12, 2011 ANNIVERSARY today to recognize and applaud Emily New- man for receiving the Arvada Wheat Ridge Mr. PERLMUTTER. Mr. Speaker, I rise HON. ROSA L. DeLAURO Service Ambassadors for Youth award. Emily today to recognize and applaud Dominic Newman is a 12th grader at Standley Lake Giovanini for receiving the Arvada Wheat OF CONNECTICUT High School and received this award because Ridge Service Ambassadors for Youth award. IN THE HOUSE OF REPRESENTATIVES her determination and hard work have allowed Dominic Giovanini is a 12th grader at Arvada Tuesday, April 12, 2011 her to overcome adversities. West High School and received this award be- Ms. DELAURO. Mr. Speaker, it is my privi- The dedication demonstrated by Emily New- cause his determination and hard work have lege to rise today to pay tribute to an out- man is exemplary of the type of achievement allowed him to overcome adversities. standing organization, the Center for Medicare that can be attained with hard work and perse- The dedication demonstrated by Dominic Advocacy, Inc., as they celebrate their 25th verance. It is essential students at all levels Giovanini is exemplary of the type of achieve- Anniversary. Founded and still led by the re- strive to make the most of their education and ment that can be attained with hard work and markable Judith Stein, since its inception the develop a work ethic which will guide them for perseverance. It is essential students at all Center has grown into an invaluable resource the rest of their lives. levels strive to make the most of their edu- for Medicare recipients as well as legislators I extend my deepest congratulations to cation and develop a work ethic which will and I am proud to say that it all started in Emily Newman for winning the Arvada Wheat guide them for the rest of their lives. Connecticut. Ridge Service Ambassadors for Youth award. I extend my deepest congratulations to Judy Stein dedicated her professional ca- I have no doubt she will exhibit the same dedi- Dominic Giovanini for winning the Arvada reer to advocacy for the elderly from the very cation and character in all her future accom- Wheat Ridge Service Ambassadors for Youth beginning. For 11 years, Judy was the Co-Di- plishments. award. I have no doubt he will exhibit the rector of Legal Assistance to Medicare Pa- f same dedication and character in all his future accomplishments. tients, LAMP, where she managed the first THE DIVERSE TEACHERS f Medicare advocacy program in the country. RECRUITMENT ACT OF 2011 Throughout her career she has developed and HONORING THE LIFE AND SERVICE administered Medicare advocacy projects, rep- OF SPC. KEITH T. BUZINSKI resented Medicare beneficiaries, produced HON. SUSAN A. DAVIS OF CALIFORNIA educational materials, as well as taught and HON. JOHN L. MICA consulted on a variety of Medicare issues. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA She has also served as lead or co-counsel in Tuesday, April 12, 2011 IN THE HOUSE OF REPRESENTATIVES federal class action and individual cases chal- Mrs. DAVIS of California. Mr. Speaker, I rise lenging improper Medicare policies and deni- today to support the effort to bring more diver- Tuesday, April 12, 2011 als. To be frank, there are very few in this sity to our national teaching force. Mr. MICA. Mr. Speaker, on Thursday, April country who have such a technical or personal Striking statistics compiled by the Depart- 7, 2011 a Central Florida soldier lost his life in understanding of the Medicare program and ment of Education show a lack of diversity service to our nation from wounds suffered how it impacts our seniors. among teachers. During the 2007–2008 when enemy forces attacked his unit with Twenty-five years ago, Judy took all of her school year, an estimated 7 percent of teach- small arms fire in Logar Province while as- experience and passion for advocacy and ers were African American, 7 percent were signed to the 2nd Battalion, 30th Infantry Regi- founded the Center for Medicare Advocacy— Latino, and 1.2 percent were Asian. More than ment, 4th Brigade Combat Team, 10th Moun- an organization that would be dedicated to 83 percent of teachers were white. A total of tain Division, based in Fort Drum, New York. providing a voice for older Americans and 75.9 percent of teachers were female and only Specialist Buzinski joined the U.S. Army in those with disabilities as well as a resource to 24.1 percent male. August of 2006. Once he completed his train- ensure that they have access to health care fi- Some experts believe this lack of diversity ing at Fort Benning, Georgia, he was stationed nancing, necessary care and Medicare. What leaves some students without an inspiring role at Fort Campbell, Kentucky, then Fort Polk, began as a one-person, one office operation model to whom they can relate. The result Louisiana, where he deployed with his unit in has grown into one of the leading Medicare may be lower test scores and higher drop-out October 2010 after previously serving in Iraq advocacy organizations in the country. Since it rates within some student demographics. from September 2007 to November 2008. opened its doors, thousands of people have I am introducing the Diverse Teachers Re- Specialist Buzinski’s impressive list of counted on the Center to make sure that they cruitment Act of 2011 to address this lack of awards and decorations include the Bronze were receiving the benefits that they deserve. diversity. The legislation provides grants to Star; Purple Heart; Army Commendation Still headquartered in Connecticut, the Center school districts to create and implement re- Medal; Army Achievement Medal; Valorous also has an office in Washington, D.C. where cruitment programs to bring teachers from Unit Award; Army Good Conduct Medal; Na- they specialize in Medicare and healthcare underrepresented groups into the classroom. tional Defense Service Medal; Afghanistan policy, a data unit in Maine, and attorneys in The grantee will track and compile data Campaign Medal; Iraq Campaign Medal; Glob- Arizona, Massachusetts, and New Jersey. showing results of the program, including mi- al War on Terrorism Service Medal; Army Today, as they celebrate their first 25 years, nority teacher recruitment rates. Data will also Service Ribbon; two Overseas Service Rib- the Center for Medicare Advocacy can be include the impact on student learning, growth, bons; NATO Medal; and Combat Infantryman proud of how far the organization has come as and attendance rates. Badge.

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K12AP8.007 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS April 12, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E699 We shall never forget the ultimate sacrifice cation and develop a work ethic which will years. For baptisms, water had to be carried Specialist Buzinski has given for his country. guide them for the rest of their lives. from a well in the church yard to a nearby out- His actions will serve as an everlasting re- I extend my deepest congratulations to door pool. The outside frame for this pool minder of the dedication and sacrifice the Donovan Nichols for winning the Arvada could be seen behind the Dickson Street members of our nation’s armed services make Wheat Ridge Service Ambassadors for Youth Church. Prior to the building of the outside every day. award. I have no doubt he will exhibit the pool, candidates for baptism were baptized in Specialist Buzinski is survived by his wife, same dedication and character in all his future Roper’s Mill Pond. two children, sister, mother and father. accomplishments. In 1917, a house east of the church was f f used as a parsonage. The church, which was rebuilt in 1917, was a wood frame building FRANCISCO AGUILAR IN RECOGNITION OF THE 133RD facing south on Dickson Street. ANNIVERSARY OF THE BRIGHT Prior to its remodeling, the frame building HON. ED PERLMUTTER HOPEWELL MISSIONARY BAP- contained a belfry with a huge bell that could TIST CHURCH be heard from at least a mile away. The resi- OF COLORADO dents of Washington Park could distinctly hear IN THE HOUSE OF REPRESENTATIVES HON. LARRY KISSELL the bell ring for Sunday School and eleven Tuesday, April 12, 2011 OF NORTH CAROLINA o’clock church services. They could also hear Mr. PERLMUTTER. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES its toll when there was a death among its today to recognize and applaud Francisco Tuesday, April 12, 2011 members. Two large sycamore trees were lo- cated on both sides of the front yard. The Aguilar for receiving the Arvada Wheat Ridge Mr. KISSELL. Mr. Speaker, I rise today to Service Ambassadors for Youth award. Fran- choir loft was located on the right side of the pay tribute to a very special occasion—the pulpit. During later years a pool was con- cisco Aguilar is a 10th grader at Jefferson 133rd anniversary of Bright Hopewell Mis- Senior High and received this award because structed under the floor behind the pulpit and sionary Baptist Church in Laurinburg, North an extension was added to the building on his determination and hard work have allowed Carolina. I would like to highlight some mo- him to overcome adversities. each side. Later, inside the back of the church ments from the history of the church. bathrooms were added. A corner stone which The dedication demonstrated by Francisco Early in 1878, a small group of men and was brick veneered many years ago was Aguilar is exemplary of the type of achieve- their families conceived the idea of having a placed on the right front of the church to indi- ment that can be attained with hard work and church in their community. They met from one cate the church was rebuilt in 1917. This cor- perseverance. It is essential students at all family home to another for a short period of nerstone was installed in 1949 when some re- levels strive to make the most of their edu- time. They searched the surrounding commu- cation and develop a work ethic which will pairs were made in the old church. nity and found a place they desired for a From 1878 until 1900 the church was part of guide them for the rest of their lives. church. The land was located on the north Richmond County. Scotland County was I extend my deepest congratulations to side of Dickson Street in Laurinburg, North formed in 1899 and began functioning in late Francisco Aguilar for winning the Arvada Carolina, which was a part of Richmond Coun- 1900. Around this time the members of the Wheat Ridge Service Ambassadors for Youth ty at this time. On May 1, 1878, the men and church also decided they wanted to use a award. I have no doubt he will exhibit the their Chairman-Deacon and Trustee Adam name other than Laurinburg Colored Church. same dedication and character in all his future Johnson met with the land owner, Mr. William After 1900, and in the new Scotland County, accomplishments. W. McLaurin. An agreement was made to pur- they chose the name Bright Hopewell Baptist f chase the land for $50. The parcel of land was Church. 100 feet by 125 feet. The agreement stated PERSONAL EXPLANATION In 1938–39 the wood frame church was re- that the land was to be used for religious pur- modeled inside. The outside of the church was poses, or it would revert to the McLaurin Fam- bricked all around by some of the students of HON. DUNCAN HUNTER ily. Mr. Adam Johnson sold a bale of cotton to bricklaying classes and their teacher from OF CALIFORNIA secure the money for the purchase of the par- Laurinburg Institute. Most of the students were IN THE HOUSE OF REPRESENTATIVES cel. members and friends of the church. The men pulled a house upon the lot and Tuesday, April 12, 2011 Bright Hopewell became a stationed church the first church was established in May 1878. in 1948–49. The parsonage became a meet- Mr. HUNTER. Mr. Speaker, on rollcall No. The land was deeded to Adam Johnson, ing place for auxiliaries of the church. Plans 204 I am recorded as not voting for H.R. 471, Trustee of the Laurinburg Colored Baptist were made and several hundred dollars were the Scholarships for Opportunity and Results Church from William McLaurin and was re- raised for the building of an education build- Act. Despite my presence on the floor during corded in deed book DD at page 45. A second ing. The parsonage was soon torn down to the vote on this bill, the electronic voting sys- deed written on Nov. 30, 1892 records the make room for an educational building. tem erroneously recorded my vote. I ask that sale of a portion of land also on Dickson In 1978, the church moved to a new loca- the RECORD reflect my support for H.R. 471, Street. The deeds indicated that Mr. and Mrs. tion. Bright Hopewell purchased over ten including my vote in favor of this important L.A. Monroe sold the land to the trustees of acres of property on March 20, 1978 for piece of legislation. the church. Their names appear on the deed $69,000 from the Caldwell Estate. The prop- f as Adam Johnson, Hugh A. Gilchrist, Edmund erty was located on North Main Street. A new Jones, and Riley Wall. The sale was made for church building on North Main Street was DONOVAN NICHOLS $225. This land was secured for a parsonage. begun in June of 1983 on the purchased prop- The church bought a frame house and moved erty. The new church was finished, entered, HON. ED PERLMUTTER it on this property and the parsonage was and dedicated on March 25, 1984. The old OF COLORADO used for many years. The parsonage was torn church on Dickson Street was offered for sale IN THE HOUSE OF REPRESENTATIVES down in 1964. and sold for $60,000 plus $6,500 for the fur- In December of 1905, the church asked its niture. The payments on the Dickson Street Tuesday, April 12, 2011 Deacons to purchase the lot of land east and Property began in 1984 and were extended Mr. PERLMUTTER. Mr. Speaker, I rise north of the church lot. The men purchased over a period of years. A new educational today to recognize and applaud Donovan the land on December 21, 1905 from the annex began on the church on North Main Nichols for receiving the Arvada Wheat Ridge same William W. McLaurin for $200. The lot Street in early 1986 and was completed in No- Service Ambassadors for Youth award. Dono- purchased by this deed was 50 feet of front- vember 1986. The education building annex van Nichols is an 11th grader at Jefferson age extending 175 feet north, 150 feet west, was not dedicated until over a year later. The Senior High and received this award because and 50 feet south to the existing church lot on dedication program was delayed until 1988. In his determination and hard work have allowed Dickson Street. The church property now July 1999, the mortgage was paid in full. A him to overcome adversities. measured 150 feet of frontage by 175 feet in Mortgage Burning Ceremony was held at The The dedication demonstrated by Donovan the form of a rectangle. This second deed was Highlands on Plant Road in Laurinburg. The Nichols is exemplary of the type of achieve- recorded on December 23, 1905, in Scotland new fellowship hall was completed in 2002. ment that can be attained with hard work and County. The fellowship hall is equipped with a com- perseverance. It is essential students at all Church Services were held the first and mercial kitchen and is large enough to accom- levels strive to make the most of their edu- third Sundays of each month for a number of modate church and community functions.

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.009 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS E700 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2011 Since 1878 the church has had more than August of 2010, Captain Hillery was selected Month and to spread awareness on the dis- twenty dynamic pastors and ministers and for the distinguished recognition of Marine parities between the health of minorities in the many trustees and deacons who have served Corps Athlete of the Year. United States and the general population. well over the years. I offer Captain Hillery my congratulations for Nationally, minority groups are dispropor- Inspirational choirs have sung praises for his accomplishments and sincere gratitude for tionately affected by many health conditions Bright Hopewell. Bright Hopewell Missionary his military service. Mr. Speaker, I ask you to and diseases, many of which are preventable. Baptist Church has a glorious past of spiritu- please join me in honoring all the brave men For example, minority groups have higher ality, perseverance, hard work, and determina- and women who have served in the United rates of infant mortality, low birth weight ba- tion. I have enjoyed each time I have wor- States Armed Forces, and the admirable bies, and HIV/AIDS. shiped at Bright Hopewell. It is by the Grace achievements of Captain Robert Hillery. African Americans, in particular, suffer dis- of God that it stands firm after all these years. f proportionately from such chronic conditions With God’s guidance the church looks forward PERSONAL EXPLANATION as heart disease, stroke and diabetes. to a brighter future. Similar disparities exist between other mi- I congratulate Bright Hopewell Baptist norities such as the Hispanic populations. Church on their 133rd anniversary and wish HON. XAVIER BECERRA The U.S. Department of Health and Human OF CALIFORNIA the pastor, the Reverend Garland E. Pierce, Services, for example, reports that Latinos are IN THE HOUSE OF REPRESENTATIVES and the congregation the best in the years to twice as likely to die from diabetes. come. Tuesday, April 12, 2011 Eliminating the causes of similar health and f Mr. BECERRA. Mr. Speaker, last week I healthcare disparities must remain a priority in was unavoidably detained and missed rollcall this Congress. HONORING CAPTAIN ROBERT J. votes 250, 251, and 253 on April 8, 2011. If Additionally, we must continue to raise HILLERY present, I would have voted ‘‘no’’ on rollcall awareness of the need to improve the health votes 250, 251, and 253. of racial and ethnic minority populations HON. DARRELL E. ISSA f across America and to develop health policies OF CALIFORNIA and programs that will help eliminate health HONORING GERRY HOUSE IN THE HOUSE OF REPRESENTATIVES disparities. Tuesday, April 12, 2011 HON. MARSHA BLACKBURN f Mr. ISSA. Mr. Speaker, I rise today to rec- OF TENNESSEE INTRODUCTION OF THE FAIR PAY ognize the remarkable achievements and hon- IN THE HOUSE OF REPRESENTATIVES ACT OF 2011 orable military service of Captain Robert J. Tuesday, April 12, 2011 Hillery in the United States Marine Corps. I Mrs. BLACKBURN. Mr. Speaker, I rise HON. ELEANOR HOLMES NORTON offer Captain Hillery my sincerest thanks for today to congratulate Gerry House on his in- OF THE DISTRICT OF COLUMBIA his eight years of dedicated service in pro- duction into the National Association of Broad- IN THE HOUSE OF REPRESENTATIVES tecting our nation and safeguarding its future. casters’ Hall of Fame. Gerry’s contributions to Tuesday, April 12, 2011 The son of a fellow Marine, beginning his broadcasting are celebrated in the country Ms. NORTON. Mr. Speaker, the 1963 Equal military career at the U.S. Naval Academy, music industry. His talent has made a lasting Pay Act (EPA), the first of the great civil rights Captain Hillery graduated in 2003 with a Bach- impact on and radio. elor of Science in Mechanical Engineering. For over three decades, Tennesseans have statutes of the 1960s, was successful for close Upon graduating, he was commissioned a eagerly awakened to Gerry’s voice on his to 20 years, but it is too creaky with age to be Second Lieutenant in May of 2003. early morning radio show, Gerry House and useful today. It is long past time to amend the Following The Basic School and Logistics the House Foundation. Nashville radio loves EPA to reflect the new workforce in which Officer Course, Captain Hillery was assigned Gerry House. women work almost as much as men. Every to Truck Company, HQBN, 1st Marine Division Not only a radio personality, Gerry is also a year, Representative ROSA DELAURO (D–CT) in July of 2004. During this tour, he served as gifted songwriter. His songs have been re- and I, along with scores of other Members of the H&S Platoon Commander during Oper- corded by , Reba McEntire, Congress, introduce the Paycheck Fairness ation Iraqi Freedom (OIF) II–2 at Camp Blue LeAnn Rimes, , and Act, to amend the EPA to make its basic pro- Diamond in Ramadi. He and his platoon con- among others. He has further re- cedures equal to those used in other anti-dis- ducted hundreds of critical resupply convoys leased two comedy albums, The Cheater’s crimination statutes. I was an original co-spon- throughout the Al Anbar Province. Upon re- Telethon in 1990 and The Bull in 1992. sor of, and attended the signing ceremony at turning home from this deployment, he was re- Gerry’s resume does not stop there. He has the White House for, the 2009 Lilly Ledbetter assigned as the 3rd Platoon Commander and been voted Billboard’s Radio Personality of Fair Pay Act, which further strengthens the deployed again during OIF III–2 in Haditha the Year seven times and Country Music As- EPA by restoring its original interpretation. while being attached to 3rd Battalion 1st Ma- sociation Personality four times. He is also a However, the Fair Pay Act of 2011 (FPA), rines. Following his second deployment, Cap- member of the Country Music DJ Hall of which Senator and I have intro- tain Hillery served as the Commander of the Fame, has won Radio & Records Country For- duced in prior sessions of Congress, picks up Remain Behind Element and Company Execu- mat Personality of the Year multiple times and where the EPA and the Ledbetter Act leave tive Officer for Truck Company. is a recipient of the NAB Marconi Radio Award off, by taking on workplace gender discrimina- In June of 2007, he transferred to Marine for Large Market Air Personality of the Year. tion in which gender-influenced wages leave Corps Recruit Depot (MCRD), San Diego On April 12, 2011 in Las Vegas, Gerry will the average female worker without any rem- where he served as the Assistant Operations become the first country radio personality to edy. I have long pressed for passage of the Officer for three months, Range Company Ex- be inducted into the NAB Broadcasting Hall of Paycheck Fairness Act and the FPA, based ecutive Officer for nine months, and H&S fame. on my own experience as the first female Company Commander for 25 months. Thank you Gerry House for bringing a smile chair of the Equal Employment Opportunity Among his many achievements, Captain to countless faces each and every morning. Commission (EEOC), when President Jimmy Hillery’s personal decorations include the Navy You truly are a staple of Nashville’s culture. Carter moved the EPA and other civil rights Commendation Medal with Gold Star and f statutes under the EEOC’ s jurisdiction, as Navy/Marine Corps Achievement Medal. COMMEMORATING NATIONAL MI- part of a historic reorganization. Furthermore, I applaud his efforts to use his NORITY HEALTH AWARENESS Along with my indispensable Senate part- passion for distance running to raise $43,000 MONTH ner, TOM HARKIN, I again introduce the FPA on for the Injured Marine Semper Fi Fund. Having behalf of the average female worker, who is completed 3 ultra marathons, 25 marathons, often first steered to, and then locked into, 18 half marathons, 2 Ultraman triathlons, 3 HON. ALBIO SIRES jobs with wages that are deeply influenced by OF NEW JERSEY Ironman distance triathlons including the world the gender of those who have traditionally IN THE HOUSE OF REPRESENTATIVES championship in Kona, HI, in 2009, along with held such jobs. Much of the wage inequality numerous shorter distance races—there is no Tuesday, April 12, 2011 women experience today is because of em- question that Captain Hillery’s triumphs are Mr. SIRES. Mr. Speaker, I rise today to ob- ployer-steering and because of deeply rooted nothing short of remarkable. Accordingly, in serve National Minority Health Awareness wage stereotypes, which result in wages being

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K12AP8.012 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS April 12, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E701 paid by gender and not according to the skills taining an EPA class action suit. The FPA Keller for his extraordinary work and for being and efforts necessary to do the job. I introduce simply modernizes the EPA to bring it in line only one of three Americans who have been the FPA because the pay problems today of with subsequent civil rights statutes. From my bestowed the honor of Chevalier in the French most women stem mainly from the segre- tenure as EEOC chair, I know all too well the Legion of Honor. gating of women and men in different jobs. several ways that this historic legislation f Two-thirds of white women and three quarters needs a 21st century makeover. of African-American women work in just three Let us start with the Paycheck Fairness Act HONORING COKER TIRE areas: sales/clerical, service, and factories. so we can be prepared to go further with the We need more aggressive strategies to break FPA we introduce today. Let us start now to HON. CHARLES J. ‘‘CHUCK’’ through the societal habits present throughout make the pay worthy of the American women FLEISCHMANN history, the world over, as well as employer- we have asked to go to work. OF TENNESSEE steering of jobs based on gender, which is as f IN THE HOUSE OF REPRESENTATIVES old as paid employment itself. The FPA requires that, if men and women HONORING CHEF THOMAS Tuesday, April 12, 2011 are doing comparable work, they be paid com- ALOYSIUS KELLER Mr. FLEISCHMANN. Mr. Speaker, I rise parable wages. If a woman is an emergency today to honor an outstanding husband, wife, services operator, for example, a female-domi- HON. MIKE THOMPSON and son team who run a vibrant small busi- nated profession, she should be paid no less OF CALIFORNIA ness right in my hometown of Chattanooga, than a fire dispatcher, a male-dominated pro- IN THE HOUSE OF REPRESENTATIVES TN. From a humble beginning in 1958 Harold, fession, simply because each of these jobs Tuesday, April 12, 2011 Lil, and their son Corky Coker have developed has been dominated by one sex. If a woman Coker Tire into a model small business and is a social worker, a traditionally female occu- Mr. THOMPSON of California. Mr. Speaker, another great success story in the revival of pation, she should earn no less than a proba- I rise today to honor Chef Thomas Aloysius the city of Chattanooga. tion officer, a traditionally male job, simply be- Keller, of Yountville, California on the occasion Coker Tire was founded in 1958 in Chat- cause of the gender associated with each of of being honored by French President Nicolas tanooga by Harold and Lil Coker. From the these jobs. Sarkozy as a Chevalier in the French Legion beginning, Coker Tire was no ordinary tire The FPA, like the EPA, will not tamper with of Honor. store. Harold’s interest in classic cars led him the market system. As with the EPA, the bur- Chef Keller was born at Camp Pendleton in to create a shop that could supply tires for vin- den will be on the plaintiff to prove discrimina- Oceanside, California to Elizabeth and Edward tage and antique cars as well as normal tires tion. The plaintiff must show that the reason Keller on October 14, 1955. He is the young- for everyday vehicles. No one, least of all Har- for the disparate treatment is gender discrimi- est of five boys. Chef Keller’s experience in old and Lil, had any idea how the market for nation, not legitimate market factors. Correc- the restaurant business began when his family vintage car tires would play out over time. tions to achieve comparable pay for men and moved to Florida. He was studying psychology In 1974, Harold and Lil’s son Corky was women are not radical or unprecedented. and working as a dishwasher when his mother given control of the antique division of the State employees in almost half of the state asked him to take over as a replacement chef business. At the time, the antique division oc- governments, in red and blue states alike, at the restaurant she managed. cupied just 500 square feet of space and was have already demonstrated that you can elimi- One summer he was discovered by French- only a small part of the business. Corky nate the part of the pay gap that is due to dis- born Roland Henin, who taught Chef Keller worked hard to aggressively expand his busi- crimination. Twenty states have adjusted the fundamentals of French cuisine. After ness, traveling the world to find molds for an- wages for female state employees, raising pay working at a small French restaurant in the tique tires, and using old blueprints to create for teachers, nurses, clerical workers, librar- Hudson River Valley in Catskill, New York, he tire molds that he couldn’t find. He then built ians, and other female-dominated jobs that moved to France where he refined his skills these tires to modern standards and partnered paid less than men with comparable jobs. Min- through working at Michelin-starred res- with some of the world’s largest tire manufac- nesota, for example, implemented a pay eq- taurants, including Guy Savoy and Taillevent. turers to license and distribute his products. uity plan when they found that similarly skilled He soon returned to the U.S. and opened his As Coker Tire developed over the years, female jobs paid 20 percent less than male first restaurant, Rakel, in 1986. they have gone from a small showroom with jobs. There may be some portion of a gender In 1994, Chef Keller took ownership of The one employee, to a 200,000 square foot ware- wage gap that is traceable to market condi- French Laundry in Yountville. Built as a saloon house, numerous buildings in Chattanooga, tions, but twenty states have shown that you in the 1900s and converted to a French steam and over 80 employees. Corky’s accomplish- can tackle the gender discrimination-based laundry in the 1920s, the restaurant has com- ments have not gone unnoticed. In 1995 he gap without interfering with the market system. mandeered world-wide recognition, having was named Small Business Person of the The states generally have closed the discrimi- been named ‘‘Best Restaurant in the World’’ in Year for the State of Tennessee, and in 1998 nation gap over a period of four or five years 2003 and 2004. It has been awarded three the Specialty Equipment Market Association at a one-time cost of no more than three to Michelin stars every year since 2006. In 1996 inducted him into their Hall of Fame. I hope four percent of payroll. he was named Best Chef in California and in you will all join me in honoring a remarkable In addition, many female workers routinely 1997, Best Chef in America by the James American small-business success story and achieve pay equity through collective bar- Beard Foundation. He now has 8 restaurants congratulating the Coker family on the 53rd gaining, and countless employers provide it on and two bakeries in the U.S., among those Anniversary of their fine business. their own as they see women shifting out of Bouchon, Ad Hoc, and renowned New York f vital female-dominated occupations, as a re- City restaurant, Per Se. Chef Keller’s work sult of the shortage of skilled workers, as well ethic knows no bounds and the profes- EQUAL PAY DAY as the unfairness to women. Unequal pay has sionalism of his staff is legendary—two of the been built into the way women have been reasons why his ventures are successful. HON. CAROLYN B. MALONEY treated since Adam and Eve. To dislodge Chef Keller is also the author of various OF NEW YORK such deep-seated and pervasive treatment, award winning books, including, ‘‘The French IN THE HOUSE OF REPRESENTATIVES we must go to the source, the traditional fe- Laundry,’’ ‘‘Bouchon,’’ ‘‘Under Pressure,’’ and male occupations, where pay is linked with the best fried chicken recipe in ‘‘Ad Hoc At Tuesday, April 12, 2011 gender and always has been. Home,’’ which was on the New York Times Mrs. MALONEY. Mr. Speaker, as we argue The best case for a strong and updated Best Sellers list for 6 weeks. the merits of various budget proposals, we EPA, with at least the Paycheck Fairness Act, Chef Keller is also very giving of his time to must not forget that the wallets and savings occurred here in the Congress in 2003, when organizations and causes which benefit the accounts of our mothers, sisters, and daugh- female custodians in the House and Senate Napa Valley. He helps with March of Dimes, ters are not as heavy as they should be. won an EPA case after showing that female City Meals on Wheels, Share our Strength and Today, on Equal Pay Day, we recognize the workers were paid a dollar less for doing the Auction Napa Valley. He is on the Board of discrimination women continue to experience same or similar work as men. Had these Trustees for the Culinary Institute of America, each time they receive a paycheck. women not been represented by their union, and is the President of Bocuse d’Or USA. Women earn roughly 77 cents to every dol- they would have had an almost impossible Mr. Speaker, it is appropriate at this time lar a man earns. This translates to almost an task of using the rules for bringing and sus- that we acknowledge my friend Chef Thomas $11,000 reduction in annual female median

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.014 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS E702 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2011 earnings. Over her lifetime, a woman will see CONGRATULATING JOE REAGAN acknowledge two public servants who live a reduction in her savings for retirement, in- AND JOE SWEENEY FOR THEIR Dr.Warren’s call. I ask my colleagues to join cluding Social Security and pension plans, and PUBLIC SERVICE me in congratulating Joe Reagan and Joe in her ability to save for lifetime goals such as Sweeney for their lasting example in devotion buying a home and paying for a college edu- HON. MARSHA BLACKBURN to the work of public service. cation. OF TENNESSEE f IN THE HOUSE OF REPRESENTATIVES In the 111th Congress, I was the first female EXPLANATION REGARDING VOTE Chair of the Joint Economic Committee, and Tuesday, April 12, 2011 AGAINST THE SHORT-TERM CON- as such I made a commitment to look at wom- Mrs. BLACKBURN. Mr. Speaker, the prom- TINUING RESOLUTION ON APRIL en’s current role in the economy through nu- ise of our great nation depends on each gen- 9, 2011 merous reports and hearings. As a capstone, eration working to leave this country a better in December 2010, the Committee issued a place than they found it. Men and women of HON. MAZIE K. HIRONO comprehensive report compiling research great service dedicate their lives to the ideals OF HAWAII done by the Committee, testimony from sev- of such a promise. I rise today to honor two IN THE HOUSE OF REPRESENTATIVES eral hearings, and GAO reports assessing the public servants, Joe Reagan and Joe Sweeney, as they end their public careers in Tuesday, April 12, 2011 detrimental gender wage gap for part-time service to the citizens of Brentwood, Ten- Ms. HIRONO. Mr. Speaker, at 12:40 a.m. workers and older Americans as well as wider nessee. on Saturday, April 9, I voted against the most discussions of women’s continued under-rep- All across America, small towns and large recent short-term continuing resolution to keep resentation in management level positions and cities depend on the leadership, vision, and government running for another seven days. the positive impact of health care reform and service of their local elected officials. First I was one of 42 Democrats who voted financial reform on women and their families. elected as City Commissioner in 1992, Joe against this short-term extension, which As I said in that report, ‘‘The decisions we Reagan’s dedication to the City of Brentwood passed 348 to 70. I voted ‘‘no’’ in protest of make today will have dramatic impacts on our extends far beyond his official title. Reagan’s the irresponsible way the Republican leader- nation’s future economic well-being, and we emphasis on community development and ship has handled these funding negotiations must carefully consider what those decisions sustained growth assisted the city in attaining and to register my strong concern about what will mean for women, both as consumers and the highest city bond rating possible, ushered the next appropriation and budget bills will her into the new world of internet and social mean to the American middle class and poor. as producers.’’ media, and facilitated the opening of centers I am on record in support of keeping gov- Regardless of demographics, industries, oc- of great commerce for Brentwood. ernment running. I voted four time during April cupations or education, gender wage discrimi- One person making a commitment to public 7th and 8th to allow a vote on a clean, nation touches nearly every family. When you service could truly make a difference. The straightforward short-term extension of funding discriminate against a woman, you discrimi- dedicated work and service of Joe Sweeney at current levels to allow time for negotiation nate against her husband, her children, her embodies such a long-lasting truth. Beginning on a final deal for the balance of funding for entire family. In these economically difficult his service in 1972 to one of Tennessee’s fin- FY2011. The Republicans would not allow this times, more than ever women find themselves est communities, Sweeney was elected to commonsense approach; instead we finally serve the three year old City of Brentwood. were given a chance to vote on a resolution to be the sole or primary household bread- Under his 39 year watch, Brentwood grew that provided a short-term extension with an- winner, which means the wage gap under- from 958 households to over 40,000 residents; other $2 billion in cuts. This time the cuts mines the economic security of our nation’s from a city staff of 15, to an expanded library came from needed investments in transpor- families. of 55,000 square feet; and from 64.13 city tation infrastructure and HUD Public Housing. The persistence and stagnation of the gen- road miles, to almost 1,000 acres of city This included cuts for airport facilities, transit der wage gap is inexcusable. That is why I am parks. Serving several terms in city leadership programs, and rail projects. These are exactly proud to support the Paycheck Fairness Act, a positions, I am confident Joe Sweeney’s fidel- the wrong kind of cut to make at this time, bill that provides women with the tools to fight ity to the City of Brentwood, as well as the when we should be investing in infrastructure higher calling to public service, is what helped to help create jobs. wage discrimination and improve the eco- to bring Brentwood into a position of promi- On Wednesday, April 13, we will be voting nomic security of working families. I urge my nence in the great state of Tennessee. on a bill containing $39 billion in cuts to fund colleagues to stand up for the basic rights and Dr. Joseph Warren, one of devoted Found the balance of 2011. My priorities are to help fairness of 51% of the U.S. population. Fathers, encouraged the patriots of the young the middle class and create jobs. I will be colonies to ‘‘act worthy of yourselves.’’ Mr. looking at the details on those cuts before Speaker, in an age where devotion to public making a final decision on how to vote on that service is not the norm, it is my privilege to bill.

VerDate Mar 15 2010 03:47 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.017 E12APPT1 smartinez on DSKD5P82C1PROD with REMARKS Tuesday, April 12, 2011 Daily Digest Senate of the Republican Leader, pursuant to the provisions Chamber Action of S. Res. 105 (adopted April 13, 1989), as amended Routine Proceedings, pages S2365–S2405 by S. Res. 149 (adopted October 5, 1993), as Measures Introduced: Seventeen bills and five reso- amended by Public Law 105–275 (adopted October lutions were introduced, as follows: S. 785–801, S. 21, 1998), further amended by S. Res. 75 (adopted Res. 140–143, and S. Con. Res. 12. Page S2387 March 25, 1999), amended by S. Res. 383 (adopted October 27, 2000), and amended by S. Res 355 Measures Reported: (adopted November 13, 2002) and further amended S. Res. 109, honoring and supporting women in by S. Res. 480 (adopted November 21, 2004), the North Africa and the Middle East whose bravery, appointment of the following Senators as members of compassion, and commitment to putting the the Senate National Security Working Group for the wellbeing of others before their own have proven 112th Congress: that courage can be contagious. Page S2386 Senator Kyl (Administrative Co-Chairman) Measures Passed: Senator McConnell (Co-Chairman) Senator Cochran (Co-Chairman) Congratulating the Lady Aggies of Texas A&M Senator Graham (Co-Chairman) University: Senate agreed to S. Res. 142, congratu- Senator Lugar lating the Lady Aggies of Texas A&M University on Senator Sessions winning the 2011 National Collegiate Athletic Asso- Senator Corker ciation Division I Women’s Basketball Champion- Senator McCain ship. Page S2402 Senator Risch National Safe Digging Month: Senate agreed to Senator Blunt. Page S2402 S. Res. 143, supporting the goals and ideals of Na- Board of Visitors of the U.S. Military Academy: tional Safe Digging Month. Page S2402 The Chair, on behalf of the Vice President, pursuant Appointments: to 10 U.S.C. 4355(a), appointed Senator Hutchison, Dwight D. Eisenhower Memorial Commission: from the Committee on Appropriations, and Senator The Chair, on behalf of the President pro tempore, Burr, At Large, to the Board of Visitors of the U.S. Military Academy. Pages S2402–03 pursuant to provisions of Public Law 106–79, ap- pointed the following Senator to the Dwight D. Ei- Board of Visitors of the U.S. Naval Academy: senhower Memorial Commission: Senator Moran. The Chair, on behalf of the Vice President, pursuant Page S2402 to 10 U.S.C. 6968(a), appointed the following Sen- ators to the Board of Visitors of the U.S. Naval Japan-United States Friendship Commission: Academy: The Chair, on behalf of the President pro tempore, Senator Kirk, from the Committee on Appropria- pursuant to Public Law 94–118, Section 4(a)(3) ap- tions, and Senator McCain, from the Committee on pointed Senator Murkowski to the Japan-United Armed Services. Page S2403 States Friendship Commission. Page S2402 Board of Visitors of the U.S. Merchant Marine United States Holocaust Memorial Council: The Academy: The Chair, on behalf of the Vice Presi- Chair, on behalf of the President pro tempore, pur- dent, pursuant to Title 46, Section 1295(b) of the suant to Public Law 96–388, as amended by Public U.S. Code, as amended by Public Law 101–595, and Law 97–84, appointed the following Senator to the upon the recommendation of the Chairman of the United States Holocaust Memorial Council for the Committee on Commerce, Science and Transpor- 112th Congress: Senator Hatch. Page S2402 tation, appointed the following Senators to the Board Senate National Security Working Group for of Visitors of the U.S. Merchant Marine Academy: the 112th Congress: The Chair announced, on behalf Senator Isakson, from the Committee on Commerce, D394

VerDate Mar 15 2010 03:31 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP1.REC D12APPT1 smartinez on DSKD5P82C1PROD with DIGEST April 12, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D395 Science and Transportation, and Senator Boozman, Adjournment: Senate convened at 10 a.m. and ad- At Large. Page S2403 journed at 6:31 p.m., until 9:30 a.m. on Wednes- Migratory Bird Conservation Commission: The day, April 13, 2011. (For Senate’s program, see the Chair, on behalf of the Vice President, pursuant to remarks of the Majority Leader in today’s Record on Public Law 70–770, appointed Senator Cochran to page S2403.) the Migratory Bird Conservation Commission. Page S2403 Committee Meetings Board of Trustees of the Harry S. Truman Scholarship Foundation: The Chair, on behalf of the (Committees not listed did not meet) Vice President, pursuant to Public Law 93–642, ap- APPROPRIATIONS: U.S. AGENCY FOR pointed the following Senator to be a member of the INTERNATIONAL DEVELOPMENT Board of Trustees of the Harry S. Truman Scholar- ship Foundation: Senator Blunt vice former Senator Committee on Appropriations: Subcommittee on State, Foreign Operations, and Related Programs concluded Bond. Page S2403 a hearing to examine proposed budget estimates for Morning Business—Agreement: A unanimous- fiscal year 2012 for the United States Agency for consent-time agreement was reached providing that International Development, after receiving testimony at approximately 9:30 a.m., on Wednesday, April from Rajiv Shah, Administrator, United States 13, 2011, Senate proceed to a period of morning Agency for International Development. business for debate only until 3:00 p.m., with Sen- ators permitted to speak therein for up to 10 min- DEFENSE AUTHORIZATION REQUEST AND utes each, with the Republicans controlling the time FUTURE YEARS DEFENSE PROGRAM from 11:30 a.m. until 12:30 p.m. for the purpose of Committee on Armed Services: Committee concluded a a colloquy, and the Majority controlling the time hearing to examine U.S. Pacific Command and U.S. from 1 p.m. until 2 p.m.; and the Majority Leader Forces Korea in review of the Defense Authorization be recognized at 3 p.m. Page S2403 Request for fiscal year 2012 and the Future Years Nominations Confirmed: Senate confirmed the fol- Defense Program, after receiving testimony from Ad- lowing nominations: miral Robert F. Willard, USN, Commander, United Vincent L. Briccetti, of New York, to be United States Pacific Command, and General Walter L. States District Judge for the Southern District of Sharp, USA, Commander, United Nations Com- mand, Combined Forces Command, and United New York. Pages S2371–74 By a unanimous vote of 96 yeas (Vote No. EX. States Forces Korea, both of the Department of De- 58), John A. Kronstadt, of California, to be United fense. States District Judge for the Central District of Cali- COUNTERTERRORISM, fornia. Pages S2371–74 COUNTERNARCOTICS, AND BUILDING Messages from the House: Page S2385 PARTNERSHIP CAPACITY Measures Placed on the Calendar: Committee on Armed Services: Subcommittee on Emerg- Pages S2366, S2385 ing Threats and Capabilities concluded a hearing to examine Department of Defense plans and programs Measures Read the First Time: Pages S2385, S2405 relating to counterterrorism, counternarcotics, and Executive Communications: Pages S2385–86 building partnership capacity, after receiving testi- Executive Reports of Committees: Pages S2386–87 mony from Garry Reid, Deputy Assistant Secretary for Special Operations and Combating Terrorism, Additional Cosponsors: Pages S2387–89 James A. Schear, Deputy Assistant Secretary for Statements on Introduced Bills/Resolutions: Partnership Strategy and Stability Operations, and Pages S2389–S2400 William F. Wechsler, Deputy Assistant Secretary for Additional Statements: Page S2385 Counternarcotics and Global Threats, all of the De- partment of Defense. Amendments Submitted: Page S2400 Notices of Hearings/Meetings: Page S2401 DODD–FRANK ACT Authorities for Committees to Meet: Page S2401 Committee on Banking, Housing, and Urban Affairs: Committee concluded a hearing to examine building Privileges of the Floor: Page S2401 the new derivatives regulatory framework, focusing Record Votes: One record vote was taken today. on oversight of Title VII of the ‘‘Dodd-Frank Act’’, (Total—58) Page S2374 after receiving testimony from Mary L. Schapiro,

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Schiliro, Delaware Department of rence A. Duffy, CME Group Inc., Chicago, Illinois; Safety and Homeland Security Secretary, Dover; Cur- Ian Axe, LCH.Clearnet Group Limited, London, tis Sommerhoff, Miami-Dade Department of Emer- England; and Jennifer Paquette, Colorado Public gency Management, Miami, Florida; Charles Pardee, Employees’ Retirement Association, Denver. Exelon Generation Company, Chicago, Illinois; and BUSINESS MEETING Thomas B. Cochran, Natural Resources Defense Council, Inc., Washington, D.C. Committee on Energy and Natural Resources: Committee ordered favorably reported the following business TAX ADMINISTRATION items: Committee on Finance: Committee concluded a hearing S. 99, to promote the production of to examine the best practices in tax administration, molybdenum–99 in the United States for medical focusing on a look across the globe and preliminary isotope production, and to condition and phase out information on selected foreign practices that may the export of highly enriched uranium for the pro- provide useful insights, after receiving testimony duction of medical isotopes, with an amendment in from Michael Brostek, Director, Strategic Issues the nature of a substitute; Team, Government Accountability Office; Brian S. 398, to amend the Energy Policy and Conserva- Erard, B.E. and Associates, Reston, Virginia; and tion Act to improve energy efficiency of certain ap- Michael Gaffney, PricewaterhouseCoopers LLP, New pliances and equipment, with an amendment; York, New York. S. 629, to improve hydropower, with an amend- ment; and BUSINESS MEETING The nomination of Peter Bruce Lyons, of New Committee on Foreign Relations: Committee ordered fa- Mexico, to be Assistant Secretary of Energy for Nu- vorably reported the following business items: clear Energy. S. Res. 109, honoring and supporting women in NATURAL GAS DRILLING North Africa and the Middle East whose bravery, Committee on Environment and Public Works: Com- compassion, and commitment to putting the mittee concluded a joint hearing with the Sub- wellbeing of others before their own have proven committee on Water and Wildlife to examine nat- that courage can be contagious; and ural gas drilling, focusing on public health and envi- The nominations of Nils Maarten Parin Daulaire, ronmental impacts including S. 587, to amend the of Virginia, to be Representative of the United Safe Drinking Water Act to repeal a certain exemp- States on the Executive Board of the World Health tion for hydraulic fracturing, after receiving testi- Organization, Joseph M. Torsella, of Pennsylvania, to mony from Bob Perciasepe, Deputy Administrator, be Representative of the United States of America to Environmental Protection Agency; Robert M. Sum- the United Nations for U.N. Management and Re- mers, Maryland Department of the Environment form, with the rank of Ambassador, and to be Alter- Acting Secretary, Baltimore; Jeff Cloud, Oklahoma nate Representative of the United States of America Corporation Commission Vice Chairman, Oklahoma to the Sessions of the General Assembly of the City; David Neslin, Colorado Oil and Gas Conserva- United Nations, during his tenure of service as Rep- tion Commission Director, Denver; and Conrad Dan- resentative of the United States of America to the iel Volz, University of Pittsburgh Center for Healthy United Nations for U.N. Management and Reform, Environments and Communities, and John W. Suzan D. Johnson Cook, of New York, to be Ambas- Ubinger, Jr., Pennsylvania Environmental Council, sador at Large for International Religious Freedom, both of Pittsburgh, Pennsylvania. Robert Patterson, of New York, to be Ambassador to Turkmenistan, Jonathan Scott Gration, of New NUCLEAR EMERGENCY IN JAPAN Jersey, to be Ambassador to the Republic of Kenya, Committee on Environment and Public Works: Com- Michelle D. Gavin, of the District of Columbia, to mittee concluded a joint hearing with the Sub- be Ambassador to the Republic of Botswana, David committee on Clean Air and Nuclear Safety to exam- Bruce Shear, of New York, to be Ambassador to the ine a review of the nuclear emergency in Japan and Socialist Republic of Vietnam, and Kurt Walter

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Tong, of Maryland, for the rank of Ambassador dur- cation for Vocational and Adult Education; Lori J. ing his tenure of service as United States Senior Of- Schock, Director, Office of Investor Education and ficial for the Asia-Pacific Economic Cooperation Advocacy, U.S. Securities and Exchange Commission; (APEC) Forum, all of the Department of State, and and Joshua Wright, Acting Director, Office of Fi- Ben S. Bernanke, of New Jersey, to be United States nancial Education and Financial Access, and Hol- Alternate Governor of the International Monetary lister K. Petraeus, Director, Office of Servicemember Fund. Affairs, Consumer Financial Protection Bureau, both ELIMINATING WASTEFUL SPENDING IN of the Department of the Treasury. INFORMATION TECHNOLOGY FAIR ELECTIONS NOW ACT Committee on Homeland Security and Governmental Af- Committee on the Judiciary: Subcommittee on the Con- fairs: Subcommittee on Federal Financial Manage- stitution, Civil Rights and Human Rights concluded ment, Government Information, Federal Services, a hearing to examine a comprehensive response to and International Security concluded a hearing to ex- Citizens United, including S. 750, to reform the fi- amine the President’s plan for eliminating wasteful spending in information technology, and how con- nancing of Senate elections, and S. 749, to establish tinued improvements in investment oversight and a revenue source for fair elections financing of Senate management can yield billions in savings, after re- campaigns by providing an excise tax on amounts ceiving testimony from Vivek Kundra, Federal Chief paid pursuant to contracts with the United States Information Officer, and Administrator, Government, after receiving testimony from former E–Government and Information Technology, Office Senator Alan K. Simpson, Americans for Campaign of Management and Budget, Executive Office of the Reform, Cody, Wyoming; Monica Youn, New York President; David McClure, Associate Administrator, University School of Law Brennan Center for Justice, Office of Citizen Services and Innovative Tech- New York, New York; and Cleta Mitchell, Repub- nologies, General Services Administration; David A. lican National Lawyers Association, Washington, Powner, Director, Information Technology Manage- D.C. ment Issues, Government Accountability Office; Ste- CYBER SECURITY phen W.T. O’Keeffe, MeriTalk, London, England; Rishi Sood, Gartner, Chicago, Illinois; and Alfred Committee on the Judiciary: Subcommittee on Crime Grasso, The MITRE Corporation, Amherst, Massa- and Terrorism concluded a hearing to examine cyber chusetts. security, focusing on responding to the threat of cyber crime and terrorism, after receiving testimony FINANCIAL LITERACY from Jason Weinstein, Deputy Assistant Attorney Committee on Homeland Security and Governmental Af- General, Criminal Division, and Gordon M. Snow, fairs: Subcommittee on Oversight of Government Assistant Director, Cyber Division, Federal Bureau of Management, the Federal Workforce, and the Dis- Investigation, both of the Department of Justice; trict of Columbia concluded a hearing to examine fi- Pablo A. Martinez, Deputy Special Agent in Charge, nancial literacy, focusing on the Federal govern- Criminal Investigative Division, U.S. Secret Service, ment’s role in empowering Americans to make in- Department of Homeland Security; Phyllis Schneck, formed financial decisions, after receiving testimony McAfee, Inc., Reston, Virginia; John E. Savage, from Gene L. Dodaro, Comptroller General of the Brown University, Providence, Rhode Island; Stewart United States, Government Accountability Office; A. Baker, Steptoe and Johnson LLP, Washington, Brenda Dann-Messier, Assistant Secretary of Edu- D.C. h House of Representatives Chamber Action Additional Cosponsors: Page H2605 Reports Filed: Reports were filed today as follows: Public Bills and Resolutions Introduced: 30 pub- S. 307, to designate the Federal building and lic bills, H.R. 1474–1503; and 5 resolutions, H. United States courthouse located at 217 West King Con. Res. 37–38; and H. Res. 220–222 were intro- Street, Martinsburg, West Virginia, as the ‘‘W. duced. Pages H2602–04

VerDate Mar 15 2010 03:31 Apr 13, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP1.REC D12APPT1 smartinez on DSKD5P82C1PROD with DIGEST D398 CONGRESSIONAL RECORD — DAILY DIGEST April 12, 2011 Craig Broadwater Federal Building and United the appointment of Stephen M. Case as a citizen re- States Courthouse’’ (H. Rept. 112–59); gent of the Board of Regents of the Smithsonian In- H. Res. 218, providing for consideration of the stitution. Page H2584 bill (H.R. 1473) making appropriations for the De- Electing Members to the Joint Committee on partment of Defense and the other departments and Printing and the Joint Committee of Congress agencies of the Government for the fiscal year end- on the Library: The House agreed to discharge and ing September 30, 2011, and for other purposes; agree to H. Res. 197, to elect Members to the Joint providing for consideration of the concurrent resolu- Committee on Printing and the Joint Committee of tion (H. Con. Res. 35) directing the Clerk of the Congress on the Library. Page H2584 House of Representatives to make a correction in the enrollment of H.R. 1473; and providing for consid- Permitting the use of the rotunda of the Capitol eration of the concurrent resolution (H. Con. Res. for a ceremony as part of the commemoration of 36) directing the Clerk of the House of Representa- the days of remembrance of victims of the Holo- tives to make a correction in the enrollment of H.R. caust: The House agreed to discharge and agree to 1473 (H. Rept. 112–60); and H. Con. Res. 33, to permit the use of the rotunda H. Res. 219, providing for consideration of the of the Capitol for a ceremony as part of the com- bill (H.R. 1217) to repeal the Prevention and Public memoration of the days of remembrance of victims Health Fund (H. Rept. 112–61). Page H2593 of the Holocaust. Pages H2584–85 Speaker: Read a letter from the Speaker wherein he Quorum Calls—Votes: Three yea-and-nay votes de- appointed Representative Fleming to act as Speaker veloped during the proceedings of today and appear pro tempore for today. Page H2577 on pages H2585, H2585–86, H2586–87. There were no quorum calls. Recess: The House recessed at 12:25 p.m. and re- convened at 2 p.m. Page H2580 Adjournment: The House met at 12 noon and ad- journed at 9:27 p.m. Journal: The House agreed to the Speaker’s approval of the Journal by a yea-and-nay vote of 325 yeas to 79 nays with 2 voting ‘‘present’’, Roll No. 256. Committee Meetings Pages H2580, H2586–87 USING SPECTRUM TO ADVANCE PUBLIC Recess: The House recessed at 2:10 p.m. and recon- SAFETY, PROMOTE BROADBAND, CREATE vened at 5 p.m. Page H2581 JOBS, AND REDUCE THE DEFICIT Suspensions: The House agreed to suspend the rules Committee on Energy and Commerce: Subcommittee on and pass the following measures: Communications and Technology held a hearing en- titled ‘‘Using Spectrum to Advance Public Safety, Amending the Ronald Reagan Centennial Com- Promote Broadband, Create Jobs, and Reduce the mission Act to extend the termination date for the Deficit.’’ Testimony was heard from Slade Gorton, Commission: H.R. 1308, to amend the Ronald Former Senator, Member of the 9/11 Commission; Reagan Centennial Commission Act to extend the 2 Deputy Chief Charles Dowd, Commanding Officer, termination date for the Commission, by a ⁄3 yea- Communications Division, New York Police Depart- and-nay vote of 394 yeas to 18 nays, Roll No. 254 ment; Julius Knapp, Chief, Office of Engineering and Pages H2581–82, H2585 and Technology, FCC; and public witnesses. W. Craig Broadwater Federal Building and United States Courthouse Designation Act: S. 307, PRIVATE PROPERTY RIGHTS PROTECTION to designate the Federal building and United States Committee on the Judiciary: Subcommittee on the Con- courthouse located at 217 West King Street, Mar- stitution held a hearing on legislation on the Private tinsburg, West Virginia, as the ‘‘W. Craig Property Rights Protection Act, 4 p.m., 2141 Ray- Broadwater Federal Building and United States burn. Testimony was heard from public witnesses. Courthouse’’, by a 2⁄3 yea-and-nay vote of 408 yeas DEPARTMENT OF DEFENSE AND FULL- to 3 nays with 1 voting ‘‘present’’, Roll No. 255. YEAR CONTINUING APPROPRIATIONS Pages H2582–84, H2585–86 ACT, 2011; AND LEGISLATION DIRECTING Recess: The House recessed at 5:25 p.m. and recon- THE CLERK OF THE HOUSE OF vened at 6:30 p.m. Page H2584 REPRESENTATIVES TO MAKE Providing for the appointment of Stephen M. CORRECTIONS IN THE ENROLLMENT OF Case as a citizen regent of the Board of Regents H.R. 1473 of the Smithsonian Institution: The House agreed Committee on Rules: The Committee granted, by a to discharge and agree to S. J. Res. 8, to provide for record vote of 8 to 3, a closed rule providing for

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Finally, the rule provides one motion to vides that H.R. 1473 shall be considered as read. recommit with or without instructions. Testimony The rule provides that all points of order against was heard from Rep. Pitts; Rep. Pallone; and Rep. provisions in H.R. 1473 are waived. The rule pro- Jackson Lee of Texas. vides one motion to recommit H.R. 1473. The rule REDUCING REGULATORY BURDENS AND provides that if H.R. 1473 is passed by the House, ENSURING SAFE TRANSPORTATION OF it shall be in order to separately consider H. Con. HAZARDOUS MATERIALS Res. 35, Directing the Clerk of the House of Rep- resentatives to Make a Correction in the Enrollment Committee on Transportation and Infrastructure: Sub- of H.R. 1473 and H. Con. Res. 36, Directing the committee on Railroads, Pipelines, and Hazardous Clerk of the House of Representatives to Make a Materials held a hearing on Reducing Regulatory Correction in the Enrollment of H.R. 1473, each Burdens and Ensuring Safe Transportation of Haz- under a closed rule. The rule provides twenty min- ardous Materials, 3 p.m., 2167 Rayburn. Testimony utes of debate on H. Con. Res. 35, and twenty min- was heard from Cynthia Quarterman, Administrator, utes of debate on H. Con. Res. 36, to be equally di- Pipelines and Hazardous Materials Safety Adminis- vided and controlled by the chair and ranking mi- tration; and public witnesses. nority member of the Committee on Appropriations. The rule waives all points of order against consider- Joint Meetings ation of H. Con. Res. 35 and H. Con. Res. 36. The No joint committee meetings were held. rule provides that H. Con. Res. 35 and H. Con. Res. f 36 shall be considered as read. The rule provides that if the House receives a message from the Senate COMMITTEE MEETINGS FOR WEDNESDAY, transmitting its passage of H.R. 1473 without APRIL 13, 2011 amendment, then the Clerk shall not certify an en- (Committee meetings are open unless otherwise indicated) rollment of the bill until notified by the Speaker or by message from the Senate that the Senate has Senate taken the question on adoption of H. Con. Res. 35 Committee on Appropriations: Subcommittee on Financial and H. Con. Res. 36, if previously adopted by the Service and General Government, to hold hearings to ex- House. Testimony was heard from Chairman Rogers, amine proposed budget estimates for fiscal year 2012 for Rep. Dicks, Rep. Norton, and Rep. Kucinich. the Internal Revenue Service, 10:30 a.m., SD–138. Subcommittee on Department of Defense, to receive a REPEAL THE PREVENTION AND PUBLIC closed briefing on the proposed budget estimates for fiscal HEALTH FUND year 2012 United States Pacific Command (PACOM), 10:30 a.m., S–217, Capitol. Committee on Rules: The Committee granted, by voice Subcommittee on Energy and Water Development, to vote, a structured rule providing for consideration of hold hearings to examine proposed budget estimates and the bill H.R. 1217, to Repeal the Prevention and justification for fiscal year 2012 for the Army Corps of Public Health Fund. The rule provides for one hour Engineers and Bureau of Reclamation, 2 p.m., SD–192. of general debate equally divided and controlled by Committee on Armed Services: Subcommittee on Readiness the chair and ranking minority member of the Com- and Management Support, to hold hearings to examine mittee on Energy and Commerce. The rule waives all the current materiel readiness of U.S. Forces in review of points of order against consideration of the bill. The the Defense Authorization Request for fiscal year 2012 rule provides that the bill shall be considered as and the Future Years Defense Program, 10 a.m., read. The rule waives all points of order against pro- SR–232A. visions in the bill. The rule makes in order only Subcommittee on Personnel, to hold hearings to exam- ine the Active, Guard, Reserve, and civilian personnel those amendments printed in the Rules Committee programs in review of the Defense Authorization request report accompanying the resolution. The rule pro- for fiscal year 2012 and the Future Years Defense Pro- vides that each such amendment may be offered only gram, 1:30 p.m., SR–222. in the order printed in the report, may be offered Subcommittee on Strategic Forces, to hold hearings to only by a Member designated in the report, shall be examine ballistic missile defense policies and programs in considered as read, shall be debatable for the time review of the Defense Authorization request for fiscal year

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2012 and the Future Years Defense Program; with the Judge for the Central District of Illinois, and Lisa O. possibility of a closed session in SVC–217 following the Monaco, of the District of Columbia, to be an Assistant open session, 2:30 p.m., SR–232A. Attorney General, Department of Justice, 3 p.m., Committee on Commerce, Science, and Transportation: Sub- SD–226. committee on Oceans, Atmosphere, Fisheries, and Coast Committee on Rules and Administration: business meeting Guard, to hold hearings to examine the President’s pro- to consider the nomination of William J. Boarman, of posed budget request and oversight for fiscal year 2012 Maryland, to be Public Printer, Government Printing Of- for the National Oceanic and Atmospheric Administra- fice, 10 a.m., SR–301. tion (NOAA), 2:30 p.m., SR–253. Committee on Veterans’ Affairs: to hold hearings to exam- Committee on Environment and Public Works: business ine veterans’ employment, focusing on improving the meeting to consider S. 782, to amend the Public Works transition from the battlefield to the workforce, 10 a.m., and Economic Development Act of 1965 to reauthorize SR–418. that Act, S. 680, to authorize the Administrator of Gen- Special Committee on Aging: to hold hearings to examine eral Services to convey a parcel of real property in the the Food and Drug Administration (FDA) and the reform District of Columbia to provide for the establishment of of the medical device approval process, 2 p.m., SD–562. a National Women’s History Museum, and S. 710, to amend the Solid Waste Disposal Act to direct the Ad- House ministrator of the Environmental Protection Agency to Committee on Agriculture, Subcommittee on General establish a hazardous waste electronic manifest system, Farm Commodities and Risk Management, hearing on Time to be announced, Room to be announced. Implementing Dodd-Frank: A Review of the CFTC’s Full Committee, to hold an oversight hearing to exam- Rulemaking Process, 10 a.m., 1300 Longworth. ine domestic renewable fuels, focusing on ethanol and ad- Subcommittee on Livestock, Dairy, and Poultry, hear- vanced biofuels, 10 a.m., SD–406. ing on the state of the poultry industry, 2 p.m., 1300 Committee on Finance: to hold hearings to examine per- Longworth. spectives on deficit reduction, 10 a.m., SD–215. Committee on Appropriations, Subcommittee on Defense, Committee on Foreign Relations: to hold hearings to exam- hearing on Defense Acquisition, 10 a.m., H–140 Capitol. ine international development policy priorities in the fis- Subcommittee on State, Foreign Operations, and Re- cal year 2012 budget, 2 p.m., SD–419. lated Agencies, Members Day hearing, 11 a.m., HT–2 Committee on Homeland Security and Governmental Affairs: Capitol. business meeting to consider S. 679, to reduce the num- Subcommittee on Labor, Health and Human Services, ber of executive positions subject to Senate confirmation, Education and Related Agencies, hearing on Examining S. 772, to protect Federal employees and visitors, improve Fragmentation and Overlap of Federal Education Pro- the security of Federal facilities and authorize and mod- grams, 10:30 a.m., 2358–C Rayburn. ernize the Federal Protective Service, S. 550, to improve Committee on Armed Services, Subcommittee on Oversight the provision of assistance to fire departments, S. 300, to and Investigations, hearing to receive testimony on Guan- prevent abuse of Government charge cards, S. 498, to en- tanamo detainee transfer policy and recidivism, 2:30 sure objective, independent review of task and delivery p.m., 2118 Rayburn. orders, S. 762, to improve the Federal Acquisition Insti- Subcommittee on Readiness, hearing to receive testi- tute, S. 191, to direct the Department of Homeland Se- mony on the fiscal year 2012 national defense authoriza- curity to undertake a study on emergency communica- tion budget request for military construction, base clo- tions, S. 514, to amend chapter 21 of title 5, United sure, environment, facilities operation and maintenance, States Code, to provide that fathers of permanently dis- 3:30 p.m., 2212 Rayburn. abled or deceased veterans shall be included with mothers Committee on Energy and Commerce, Subcommittee on En- of such veterans as preference eligibles for treatment in ergy and Power, hearing on Jobs and Energy Permitting the civil service, S. Res. 128, expressing the sense of the Act of 2011 legislation, 10 a.m., 2322 Rayburn. Senate that public servants should be commended for Subcommittee on Oversight and Government Reform, their dedication and continued service to the Nation dur- hearing entitled ‘‘Import Safety: Status of FDA’s Screen- ing Public Service Recognition Week, May 1 through 7, ing Efforts at the Border’’, 10:30 a.m., 2123 Rayburn. 2011, and the nomination of Rafael Borras, of Maryland, Committee on Foreign Affairs, Subcommittee on the to be Under Secretary of Homeland Security for Manage- Western Hemisphere, hearing on Priorities for U.S. As- ment, 11 a.m., SD–342. sistance in the Western Hemisphere, 10:30 a.m., 2212 Committee on the Judiciary: to hold hearings to examine Rayburn. fulfilling our commitment to support victims of crime, Subcommittee on Africa, Global Health, and Human 10 a.m., SD–226. Rights, hearing on Crisis in Cote d’Ivoire: Implications Full Committee, to hold hearings to examine the for the Country and Region, 9 a.m., 2172 Rayburn. nominations of Henry F. Floyd, of South Carolina, to be Subcommittee on the Middle East and South Asia, United States Circuit Judge for the Fourth Circuit, Nelva hearing on Shifting Sands: Political Transitions in the Gonzales Ramos, to be United States District Judge for Middle East, Part 1, 2:30 p.m., 2172 Rayburn. the Southern District of Texas, Richard Brooke Jackson, Committee on Homeland Security, Subcommittee on Emer- to be United States District Judge for the District of Col- gency Preparedness, Response, and Communications, orado, Sara Lynn Darrow, to be United States District hearing entitled ‘‘Taking Measure of Countermeasures

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(Part 1): A review of government and industry efforts to Government for fiscal year 2012 and setting forth appro- protect the homeland through accelerated research, devel- priate budgetary levels for fiscal years 2013 through opment, and acquisition of chemical, biological, radio- 2021. 3 p.m., H–313 Capitol. logical and nuclear medical countermeasures’’, 2 p.m., Committee on Science, Space, and Technology, Subcommittee 311 Cannon. on Technology and Innovation, markup on legislation to Committee on the Judiciary, Subcommittee on Immigra- create jobs through the Small Business Innovation Act of tion Policy and Enforcement, hearing on the H–2A Visa 2011, 10 a.m., 2318 Rayburn. Program: Meeting the Growing Needs of American Agri- Subcommittee on Investigations and Oversight, hearing culture, 10 a.m., 2141 Rayburn. on Green Jobs and Red Tape: Assessing Federal Efforts Subcommittee on Courts, Commercial and Administra- to Encourage Employment, 2 p.m., 2318 Rayburn. tive Law, hearing on legislation regarding the Business Committee on Small Business, Full Committee, hearing on Activity Tax Simplification Act of 2011, 1:30 p.m., 2141 How Tax Complexity Hinders Small Businesses: The Im- Rayburn. pact on Job Creation and Economic Growth, 1 p.m., Committee on Natural Resources, Full Committee, markup 2360 Rayburn. of H.R. 1229, Putting the Gulf of Mexico Back to Work Act; H.R. 1230, Restarting American Offshore Leasing Committee on Transportation and Infrastructure, Sub- Now Act; and H.R. 1231, Reversing President Obama’s committee on Coast Guard and Maritime Transportation, Offshore Moratorium Act. hearing on Improving and Streamlining the Coast Committee on Oversight and Government Reform, Full Com- Guard’s Acquisition Program, 10 a.m., 2167 Rayburn. mittee, markup on the following: H.R. 828, Federal Em- Committee on Veterans’ Affairs, Subcommittee on Over- ployee Tax Accountability Act of 2011; H.R. 829, Con- sight and Investigations, hearing entitled ‘‘Inspect What tracting and Tax Accountability Act of 2011; H.R. 1470, You Expect: Construction Contracting Practices at the to amend title 5, United States Code, to extend the pro- Department of Veterans Affairs’’, 10 a.m., 334 Cannon. bationary period applicable to appointments in the civil Committee on Ways and Means, Full Committee, hearing service, and for other purposes; and H.R. 1423, to des- on the special burdens that the tax code imposes on indi- ignate the facility of the United States Postal Service lo- vidual taxpayers and families and on the need for com- cated at 115 4th Avenue Southwest in Ardmore, Okla- prehensive tax reform to address these problems, 10 a.m., homa, as the ‘‘Specialist Micheal E. Phillips Post Office’’. 1100 Longworth. 9:30 a.m., 2154 Rayburn. Subcommittee on Social Security, hearing to examine Subcommittee on Federal Workforce, U.S. Postal Serv- the role of Social Security numbers in identity theft and ice and Labor Policy, hearing entitled, ‘‘Federal Employ- options to guard their privacy, 2 p.m., B–318 Rayburn. ees’ Compensation Act: A Fair Approach?’’ 1:30 p.m., House Permanent Select Committee on Intelligence, Sub- 2154 Rayburn. committee on Terrorism, HUMINT, Analysis, and Coun- Committee on Rules, Full Committee hearing on H. Con. terintelligence, hearing on Muslim Brotherhood, 2 p.m., Res. 34, Establishing the budget for the United States 210 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 13 10 a.m., Wednesday, April 13

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of H.R. morning business. 1473—Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Subject to a Rule) and H.R. 1217—Repealing the Prevention and Public Health Fund Subject to a Rule).

Extensions of Remarks, as inserted in this issue.

HOUSE Fleischmann, Charles J. ‘‘Chuck’’, Tenn., E701 Norton, Eleanor Holmes, D.C., E700 Hastings, Alcee L., Fla., E696 Pascrell, Bill, Jr., N.J., E697 Becerra, Xavier, Calif., E700 Hirono, Mazie K., Hawaii, E702 Perlmutter, Ed, Colo., E695, E695, E696, E696, E697, Blackburn, Marsha, Tenn., E700, E702 Hunter, Duncan, Calif., E699 E697, E698, E698, E699, E699 Chu, Judy, Calif., E697 Issa, Darrell E., Calif., E700 Sires, Albio, N.J., E700 Coffman, Mike, Colo., E695 Jenkins, Lynn, Kans., E695 Thompson, Mike, Calif., E701 Critz, Mark S., Pa., E695 Kissell, Larry, N.C., E699 Davis, Susan A., Calif., E698 Maloney, Carolyn B., N.Y., E701 Wolf, Frank R., Va., E695 DeLauro, Rosa L., Conn., E698 Mica, John L., Fla., E698

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