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

Vol. 158 WASHINGTON, MONDAY, MARCH 26, 2012 No. 49 House of Representatives The House met at noon and was Murray was a close friend, and I was standing entrepreneurs and my dear friend, called to order by the Speaker pro tem- deeply saddened to learn of his passing. Murray Lender, who we lost on March 21st at pore (Mr. DENHAM). Murray, the son of immigrant par- the age of eighty-one. A bagel baker, food ex- f ents, never forgot his roots and humble ecutive and philanthropist, who helped bring beginnings in New Haven while he the bagel to kitchens across the nation, Mur- DESIGNATION OF SPEAKER PRO worked to foster goodwill and humani- ray was a close friend and I was deeply sad- TEMPORE tarianism. He was a special person and dened to learn of his passing. Murray never The SPEAKER pro tempore laid be- leader, part of a special family that forgot his roots and humble beginnings in New fore the House the following commu- takes care of each other, bringing jobs Haven while he worked to foster good will and nication from the Speaker: to networks and friends and serving humanitarianism. He was a special person and leader, part of a special family that takes WASHINGTON, DC, the larger community. March 26, 2012. From counting bagels in the family’s care of each other, bringing jobs to networks I hereby appoint the Honorable JEFF backyard bakery before he was 11, Mur- of friends and serving the larger community. DENHAM to act as Speaker pro tempore on ray rose to become a food marketing Along with his two brothers, Marvin and this day. innovator who took what was formerly Sam, Murray turned the dream of ‘‘bagelizing’’ JOHN A. BOEHNER, only an ethnic product and made it a America into a reality through the process of Speaker of the House of Representatives. national staple available to all. freezing the bagel, which the family pioneered f In more recent years, Murray di- in the early 1960s. Murray, who began count- ing bagels in the family’s backyard bakery be- MORNING-HOUR DEBATE rected his focus toward philanthropic work. His energy and creative thinking fore he was eleven, became a food marketing The SPEAKER pro tempore. Pursu- had a major impact on anything he un- innovator. He took what was formerly only an ant to the order of the House of Janu- dertook, particularly in his hometown ethnic product and made it a national staple, ary 17, 2012, the Chair will now recog- of New Haven. available to all. In 1963, Lender’s introduced a nize Members from lists submitted by Active in both the local Jewish com- branded retail pack of frozen bagels. Murray the majority and minority leaders for munity as well as his alma mater, saw frozen foods, which was a new category morning-hour debate. Quinnipiac University, Murray’s influ- of products, as an opportunity for greater dis- tribution and expanding the market to new The Chair will alternate recognition ence can be seen throughout the city, between the parties, with each party users. which has recognized him with a school Free publicity was also a key to their suc- limited to 1 hour and each Member playground in his name, the ADL other than the majority and minority cess. Murray could be seen presenting a life- Torch of Liberty Award, and an hon- sized bagel on the Tonight Show to Johnny leaders and the minority whip limited orary doctor of humane letters from to 5 minutes each, but in no event shall Carson, or on Capitol Hill presenting Tip Quinnipiac University, to name a few. O’Neill with a giant green bagel on St. Pat- debate continue beyond 1:50 p.m. Murray Lender was an extraordinary rick’s Day. Whether in animated form, or live, f human being, and I consider myself for- lying on the bread shelf in the supermarket, tunate to have called him my friend. MURRAY LENDER there wasn’t much that Murray wouldn’t do to He leaves such a legacy that we cele- sell his product. Lender’s Bagels was sold to The SPEAKER pro tempore. The brate even as we mourn his passing. Kraft food in 1985, but Murray remained with Chair recognizes the gentlewoman from I extend my deepest sympathies to the company to continue his work as spokes- Connecticut (Ms. DELAURO) for 5 min- his wife, Gillie; his children, daughter man. utes. Haris and her husband, Evan, and sons, Murray was forever passionate about the Ms. DELAURO. Mr. Speaker, it’s with Carl and Jay; his grandchildren Olivia, concept of frozen foods and became involved the heaviest of hearts that I rise today Adam, Jessie, Raquel, Sheva, Julian, in all associations directed at strengthening its to pay tribute to the life and legacy of Diego, and Claudia; as well as his image. He was Chairman of the National Fro- one of our community’s most out- brother Marvin and his wife, Helaine. zen Food Association (NFFA), as well as the standing entrepreneurs and my dear We can see the unfailing smile in the chairman of the 50th Anniversary of Frozen friend, Murray Lender, whom we lost face of adversity and all his work that Foods, a national promotion staged in 1980. on March 21, at the age of 81. carries on. Murray Lender lit up the He pioneered and co-chaired the first National Murray Lender was a bagel baker, world. We will miss him. Frozen Food Month in March of 1984, an in- food executive, and philanthropist who Mr. Speaker: It is with the heaviest of hearts dustry wide month of promotional retail and helped bring the bagel to kitchens that I rise today to pay tribute to the life and foodservice activity among frozen food manu- across the Nation. legacy of one of our community’s most out- facturers. Murray would never go a day

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 01:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 9920 E:\CR\FM\A26MR7.000 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1546 CONGRESSIONAL RECORD — HOUSE March 26, 2012 dressed without a penguin—the frozen food the Commonwealth of Pennsylvania. afford the so-called Affordable Care marketing symbol—whether it be a tie, a pin, During the hearing, Pennsylvania’s Act. socks or a hat. He was recognized by this in- acting insurance commissioner, Mi- f dustry with numerous awards throughout his chael Consedine, testified that new RECESS lifetime. mandates on insurance coverage had In more recent years, Murray directed his resulted in premium increases of up to The SPEAKER pro tempore. Pursu- focus toward philanthropic work. His energy 9 percent. ant to clause 12(a) of rule I, the Chair and creative thinking had a major impact on These figures mirror the national declares the House in recess until 2 anything he undertook, particularly in his trend as outlined in a recent study by p.m. today. hometown of New Haven. Active in both the the Kaiser Family Foundation. The Accordingly (at 12 o’clock and 8 min- local Jewish community, as well as his Alma Kaiser report shows that the average utes p.m.), the House stood in recess. Mater, Quinnipiac University, Murray’s influ- annual premium for family coverage f ence can be seen throughout the city, which through an employer reached $15,073 in b 1400 has recognized him with a school playground 2011, an increase of 9 percent over the in his name, the ADL Torch of Liberty Award, previous year. This is a far cry from AFTER RECESS and an honorary Doctor of Humane Letters Barack Obama’s 2008 proposition that The recess having expired, the House from Quinnipiac University, to name a few. his law would cut family premiums by was called to order by the Speaker pro Murray Lender was an extraordinary human $2,500 before the conclusion of his first tempore (Mr. STUTZMAN) at 2 p.m. being and I consider myself fortunate to have term in office. f called him my friend. He leaves such a legacy President Obama had also promised that we celebrate, even as we mourn his that he will not sign a health care plan PRAYER passing. I extend my deepest sympathies to that adds one dime toward deficits ei- The Chaplain, the Reverend Patrick his wife, Gillie; his children, daughter Haris ther now or in the future. However, an J. Conroy, offered the following prayer: and her husband, Evan, and sons Carl and honest accounting of the health care Dear Lord, we give You thanks for Jay, grandchildren Olivia, Adam, Jessie, law finds that it will increase the def- giving us another day. We use this mo- Raquel, Sheva, Julian, Diego, and Claudia, as icit by hundreds of billions of dollars in ment to be reminded of Your presence well as his brother Marvin and his wife the first 10 years alone. and to tap the resources needed by the Helaine. We can see the unfailing smile in the Former Congressional Budget Office men and women of this assembly to do face of adversity and all his work that carries Director Douglas Holtz-Eakin has tes- their work as well as it can be done. on. He lit up the world. We will miss him. tified the law will increase the deficit May they be led by Your spirit in the f by at least $500 billion in its first 10 decisions they make. May they possess years and more than $1.5 trillion over Your power as they steady themselves TWO YEARS LATER, HEALTH CARE the decade thereafter. amid the pressures of persistent prob- LAW’S BROKEN PROMISES CON- At a time of severe budgetary con- lems. TINUE straints, there’s only one place to turn The issues facing our Nation this The SPEAKER pro tempore. The in order to keep up with this spending: week are monumental to us, but a part Chair recognizes the gentleman from the wallets of Americans, in the form of the long history of political and pol- Pennsylvania (Mr. THOMPSON) for 5 of tax increases. icy debate that have created a great minutes. Having spent almost 30 years in the narrative of participative democracy. Mr. THOMPSON of Pennsylvania. nonprofit health care field, I am acute- Send Your spirit of wisdom to the Jus- Mr. Speaker, today the Supreme Court ly aware of the challenges many face tices of the Supreme Court, as well as will begin hearing oral arguments on when it comes to obtaining reasonably the Members who serve in this people’s the constitutionality of the President’s priced health care. House, that the rulings and bills that health care overhaul, the so-called Af- While many of us agree there are por- lead forward might prove to be bene- fordable Care Act of 2010. tions of the law that are beneficial, ficial to our Nation and its people. While the Court is still months away such as the ability of adult dependent And may all that is done this day be from this decision, in many ways the children up to age 26 to stay on their for Your greater honor and glory. verdict has already been cast by count- parents’ insurance, the elimination of Amen. less American families and small busi- excluding those with preexisting condi- f nesses negatively impacted by the law. tions from the plan and the expansion In 2007, then-Speaker NANCY PELOSI of low-cost clinics into underserved THE JOURNAL suggested: ‘‘We have to pass the bill so areas, the approach of the Affordable The SPEAKER pro tempore. The you can find out what’s in it.’’ Care Act is fundamentally flawed. The Chair has examined the Journal of the Two years since passage, American law places Uncle Sam between doctors last day’s proceedings and announces families have found out the hard way and patients when it should be the to the House his approval thereof. with increased taxes, looming regula- American people, not Washington bu- Pursuant to clause 1, rule I, the Jour- tions, and a slew of broken promises reaucrats, determining the kind of nal stands approved. from fictitious cost controls to limita- health care coverage that best suits Mr. SABLAN. Mr. Speaker, pursuant tions on consumer choice. their needs. to clause 1, rule I, I demand a vote on Most recently, the nonpartisan Con- Over the past 2 years, as the regula- agreeing to the Speaker’s approval of gressional Budget Office served a dev- tions have rolled out and the American the Journal. astating blow to President Obama’s people continue to learn what really is The SPEAKER pro tempore. The most frequently used tagline: ‘‘If you in the law, the broken promises have question is on the Speaker’s approval like your present coverage, you can continued to pile up, weighing on the of the Journal. keep it.’’ backs of small businesses and families. The question was taken; and the The CBO report suggested there will That’s why we must repeal the law and Speaker pro tempore announced that be a net loss of employer-based insur- toss out the negatives; move forward the ayes appeared to have it. ance coverage between 3 and 5 million with reforms that actually lower costs Mr. SABLAN. Mr. Speaker, I object people per year from 2019 to 2022. This without sacrificing quality and liberty. to the vote on the ground that a has the potential for 20 million Ameri- This week, just blocks away from quorum is not present and make the cans to lose their insurance coverage this Chamber, the Supreme Court will point of order that a quorum is not over just a 4-year span. hear arguments on the constitu- present. On the first anniversary of the Af- tionality of this law. While the Court’s The SPEAKER pro tempore. Pursu- fordable Care Act, I joined the U.S. decision is months away, the verdict ant to clause 8, rule XX, further pro- House Energy and Commerce Com- has already been cast by the countless ceedings on this question will be post- mittee for a congressional field hearing American families and small busi- poned. in Harrisburg, Pennsylvania, in order nesses in congressional districts across The point of no quorum is considered to review the law’s impact throughout this great country that simply cannot withdrawn.

VerDate Mar 15 2010 01:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.004 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1547 PLEDGE OF ALLEGIANCE cally, regionally, nationally, inter- Eighty percent of the world’s bio- The SPEAKER pro tempore. Will the nationally, and online. For its journal- sphere is under the sea. We know less gentleman from the Northern Mariana istic excellence, the Variety is the win- about that than we know about the Islands (Mr. SABLAN) come forward and ner of numerous awards. Moon’s surface. James Cameron, with The Variety is also a strong commu- lead the House in the Pledge of Alle- the help of National Geographic and nity partner, contributing to numerous giance. Rolex as a sponsor, and his friend, Mr. nonprofit organizations, events and ac- Mr. SABLAN led the Pledge of Alle- Allen, took that voyage and showed tivities, and encouraging those inter- giance as follows: what man can do when he has curiosity ested in the business and craft of jour- and bravery. His activities that took a I pledge allegiance to the Flag of the nalism and publishing. 6-hour trip to the bottom of the sea re- United States of America, and to the Repub- Please join me in congratulating lic for which it stands, one nation under God, mind me of Charles Lindbergh, an indi- indivisible, with liberty and justice for all. Abed and Paz Younis, their family, and vidual who conquered new territories all of their past and current employees and opened up new vistas. f and colleagues at the Marianas Variety Before that, nobody had been that SUPREME COURT OBAMACARE News & Views for the newspaper’s 40 deep since 1960. They were there for 20 years of service to our community. minutes, and they didn’t see much. He (Mr. PITTS asked and was given per- f was there for 6 hours. He’s going to mission to address the House for 1 bring back a lot of information about OBAMACARE DESTROYS JOBS minute and to revise and extend his re- the sea and about sea life. I thank him marks.) (Mr. WILSON of South Carolina for his work. I congratulate him. The Mr. PITTS. Mr. Speaker, today, the asked and was given permission to ad- fulfillment of his dream sparks the Supreme Court began its deliberations dress the House for 1 minute and to re- imagination of the world and chal- on the Patient Protection and Afford- vise and extend his remarks.) lenges us to explore our own creativity able Care Act. Clearly, with 3 days of Mr. WILSON of South Carolina. Mr. and ingenuity. deliberations, this is the most impor- Speaker, today marks an extremely I thank Mr. Cameron for his courage, tant case the Court has considered in important day in our Nation’s history. his imagination, and his daring. decades. The Supreme Court is scheduled to f I had the pleasure of being able to at- begin hearing oral arguments on the tend this morning’s deliberations con- constitutionality of the President’s COMMENDING PRESIDENT sidering whether the Court should rule government health care takeover legis- OBAMA’S COMMITMENT TO immediately or wait until the pen- lation that was forced upon the Amer- AMERICA’S AUTO INDUSTRY alties are assessed a few years from ican people by the President and his (Mr. FALEOMAVAEGA asked and now. Tomorrow, they will consider the liberal allies, in a liberal-controlled was given permission to address the heart of the matter, whether the Con- Congress, by deals and kickbacks. House for 1 minute and to revise and stitution allows the government to Several weeks ago, the Congressional extend his remarks.) compel individuals to purchase health Budget Office released a report that Mr. FALEOMAVAEGA. Mr. Speaker, insurance—the so-called ‘‘individual ObamaCare will destroy almost 1 mil- 3 years ago, the American auto indus- mandate.’’ lion jobs from our current workforce. try was on the verge of collapse, and At this time, it is critical to remem- According to a recent Gallup poll, 85 millions of American jobs were in jeop- ber that the Supreme Court is not the percent of small business owners are ardy. only body charged with protecting and not hiring due to the government regu- When President Obama decided to defending the United States Constitu- lations and rising health care costs im- rescue the American auto industry, tion. This Congress, we’ve been work- posed by the Big Government mandate many critics opposed him. But, today, ing to restore rights to the American restricting freedom. America’s largest the auto industry is resurging thanks people. We have passed legislation to association of small businesses, the Na- to the tough decisions our President fully repeal this law, to eliminate tional Federation of Independent Busi- made in times of economic crisis. many of its harmful provisions, and to ness, estimates 1.6 million jobs will be President Obama stood by the Amer- defund irresponsible spending. eliminated. ican business community and our auto No matter how the Court rules, we House Republicans have voted to re- industry. As a result of his firm com- must continue the fight to restore our peal ObamaCare 26 times. With a mitment and demonstration of leader- constitutional liberties. record unemployment rate of over 8 ship, jobs were saved. Some 1.4 million percent for the last 3 years, it is nec- jobs were going to be lost up and down f essary for the President and Congress the supply chain of the auto industry if HONORING 40TH ANNIVERSARY OF to enact laws providing for job creation President Obama had not taken action MARIANAS VARIETY through private sector growth rather to provide for the needs of millions of than supporting legislation that de- American families at a time of such (Mr. SABLAN asked and was given stroys jobs. great economic insecurity in our Na- permission to address the House for 1 In conclusion, God bless our troops, tion. And now it’s paying off. The auto minute and to revise and extend his re- and we will never forget September the industry has added more than 200,000 marks.) 11th in the global war on terrorism. jobs in the last 21⁄2 years. Mr. SABLAN. Mr. Speaker, 40 years f Last but not least, General Motors ago, on March 16, 1972, a young couple Company is once again the world’s top CONGRATULATING JAMES in the Northern Mariana Islands, Abed auto manufacturer. In 2011, profits CAMERON E. Younis and Maria Paz Castro were $7.6 billion, its largest ever. Younis, wrote, edited, printed, and dis- (Mr. COHEN asked and was given per- Mr. Speaker, I commend President tributed the very first issue of the Mar- mission to address the House for 1 Obama for the bold decisions he made ianas Variety News & Views, now the minute.) to rescue our Nation’s auto industry, oldest local newspaper on our islands. Mr. COHEN. Mr. Speaker, filmmaker and I thank him for standing with our The Variety provides its readers with James Cameron is known for capti- country’s workers and for leading our extensive local news and views. It also vating us with his great films like ‘‘Av- Nation out of the most serious eco- carries reports of the region, the atar,’’ ‘‘Aliens,’’ ‘‘The Abyss,’’ and ‘‘Ti- nomic recession since the Great De- United States, the world, as well as in- tanic.’’ But yesterday, he really fas- pression of 1929. teresting and in-depth feature stories cinated and captivated the world. He f and a thought-provoking opinion sec- went down 36,000 feet under the sea to tion. the lowest, deepest part of the world in MESSAGES FROM THE PRESIDENT These days, the community served by a ship that he designed over the last 7 Messages in writing from the Presi- the Variety has expanded beyond the years privately—a 24-foot capsule— dent of the United States were commu- shores of the Northern Marianas. The that took him down to visit and learn nicated to the House by Mr. Pate, one paper is published and circulated lo- about the deep recesses of the sea. of his secretaries.

VerDate Mar 15 2010 01:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.004 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1548 CONGRESSIONAL RECORD — HOUSE March 26, 2012 b 1410 2462(f)(1)(A)), I am notifying the Con- SECTION 1. TREATMENT OF AFFILIATE TRANS- gress of my intent to add the Republic ACTIONS. NOTIFICATION OF INTENTION TO (a) COMMODITY EXCHANGE ACT AMEND- of South Sudan (South Sudan) to the SUSPEND DESIGNATION OF AR- MENTS.—Section 1a(47) of the Commodity Ex- list of beneficiary developing countries GENTINA AS BENEFICIARY DE- change Act (7 U.S.C. 1a(47)), as added by sec- under the Generalized System of Pref- VELOPING COUNTRY UNDER tion 721(a)(21) of the Dodd-Frank Wall Street erences (GSP) program. South Sudan Reform and Consumer Protection Act, is GENERALIZED SYSTEM OF PREF- became an independent nation on July amended by adding at the end the following: ERENCES PROGRAM—MESSAGE 9, 2011. After considering the criteria ‘‘(G) TREATMENT OF AFFILIATE TRANS- FROM THE PRESIDENT OF THE set forth in section 502(c) of the 1974 ACTIONS.— UNITED STATES (H. DOC. NO. 112– ‘‘(i) IN GENERAL.—For the purposes of any Act (19 U.S.C. 2462(c)), I have deter- 94) clearing and execution requirements under mined that South Sudan should be des- section 2(h) and any applicable margin and The SPEAKER pro tempore laid be- ignated as a GSP beneficiary devel- capital requirements of section 4s(e) and for fore the House the following message oping country. purposes of defining ‘swap dealer’ or ‘major from the President of the United In addition, in accordance with sec- swap participant’, and reporting require- States; which was read and referred to tion 502(f)(1)(B) of the 1974 Act (19 ments other than those set forth in clause the Committee on Ways and Means and U.S.C. 2462(f)(1)(B)), I am providing no- (ii), the term ‘swap’ does not include any ordered to be printed: agreement, contract, or transaction that— tification of my intent to add South ‘‘(I) would otherwise be included as a To the Congress of the United States: Sudan to the list of least-developed ‘swap’ under subparagraph (A); and In accordance with section 502(f)(2) of beneficiary countries under the GSP ‘‘(II) is entered into by parties that report the Trade Act of 1974, as amended (the program. After considering the criteria information or prepare financial statements ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am set forth in section 502(c) of the 1974 on a consolidated basis, or for which a com- pany affiliated with both parties reports in- providing notification of my intent to Act, I have determined that it is appro- priate to extend least-developed bene- formation or prepares financial statements suspend designation of Argentina as a on a consolidated basis. ficiary developing country benefits to beneficiary developing country under ‘‘(ii) REPORTING.—All agreements, con- the Generalized System of Preferences South Sudan. tracts, or transactions described in clause (i) (GSP) program. Section 502(b)(2)(E) of BARACK OBAMA. shall be reported to either a swap data repos- the 1974 Act (19 U.S.C. 2462(b)(2)(E)) THE WHITE HOUSE, March 26, 2012. itory, or, if there is no swap data repository provides that the President shall not f that would accept such agreements, con- tracts, or transactions, to the Commission designate any country a beneficiary de- RECESS pursuant to section 4r, or to a swap data re- veloping country under the GSP if such The SPEAKER pro tempore. Pursu- pository or to the Commission pursuant to country fails to act in good faith in en- ant to clause 12(a) of rule I, the Chair section 2(h)(5), within such time period as forcing arbitral awards in favor of U.S.- declares the House in recess until ap- the Commission may by rule or regulation prescribe. Nothing in this subparagraph shall owned companies. Section 502(d)(2) of proximately 3 p.m. today. the 1974 Act (19 U.S.C. 2462(d)(2)) pro- prohibit the Commission from establishing Accordingly (at 2 o’clock and 15 min- public reporting requirements for covered vides that, after complying with the re- utes p.m.), the House stood in recess. quirements of section 502(f)(2) of the transactions between affiliates as described f in sections 23A and 23B of the Federal Re- 1974 Act (19 U.S.C. 2462(f)(2)), the Presi- serve Act in a manner consistent with rules dent shall withdraw or suspend the des- b 1500 governing the treatment of such covered ignation of any country as a bene- AFTER RECESS transactions pursuant to section 2(a)(13) of ficiary developing country if, after this Act. such designation, the President deter- The recess having expired, the House ‘‘(iii) PROTECTION OF INSURANCE FUNDS.— mines that as the result of changed cir- was called to order by the Speaker pro Nothing in this subparagraph shall be con- cumstances such country would be tempore (Mr. SMITH of Nebraska) at 3 strued to prevent the regulator of a Federal barred from designation as a bene- p.m. or State insurance fund or guaranty fund f from exercising its other existing authority ficiary developing country under sec- to protect the integrity of such a fund, ex- tion 502(b)(2) of the 1974 Act. ANNOUNCEMENT BY THE SPEAKER cept that such regulator shall not subject Pursuant to section 502(d) of the 1974 PRO TEMPORE agreements, contracts, or transactions de- Act, having considered the factors set The SPEAKER pro tempore. Pursu- scribed in clause (i) to clearing and execu- tion requirements under section 2 of this forth in section 502(b)(2)(E), I have de- ant to clause 8 of rule XX, the Chair termined that it is appropriate to sus- Act, to any applicable margin and capital re- will postpone further proceedings quirements of section 4s(e) of this Act, or to pend Argentina’s designation as a bene- today on motions to suspend the rules ficiary country under the GSP program reporting requirements of title VII of Public on which a recorded vote or the yeas Law 111-203 other than those set forth in because it has not acted in good faith and nays are ordered or on which the clause (ii) of this subparagraph. in enforcing arbitral awards in favor of voting incurs objection under clause 6 ‘‘(iv) PRESERVATION OF FEDERAL RESERVE U.S.-owned companies. of rule XX. ACT AUTHORITY.—Nothing in this subpara- BARACK OBAMA. Record votes on postponed questions graph shall exempt a transaction described THE WHITE HOUSE, March 26, 2012. in this subparagraph from sections 23A or will be taken after 6:30 p.m. today. f 23B of the Federal Reserve Act or imple- f menting regulations thereunder. NOTIFICATION TO ADD REPUBLIC TREATMENT OF AFFILIATE ‘‘(v) PRESERVATION OF FEDERAL AND STATE REGULATORY AUTHORITIES.—Nothing in this OF SOUTH SUDAN TO LIST OF TRANSACTIONS UNDER THE BENEFICIARY DEVELOPING subparagraph shall affect the Federal bank- DODD-FRANK WALL STREET RE- ing agencies’ safety-and-soundness authori- COUNTRIES UNDER GENERAL- FORM AND CONSUMER PROTEC- IZED SYSTEM OF PREFERENCES ties over banks established in law other than TION ACT title VII of Public Law 111-203 or the authori- PROGRAM—MESSAGE FROM THE ties of State insurance regulators over insur- PRESIDENT OF THE UNITED Mr. GARRETT. Mr. Speaker, I move to suspend the rules and pass the bill ers, including the authority to impose cap- STATES (H. DOC. NO. 112–95) ital requirements with regard to swaps. For (H.R. 2779) to exempt inter-affiliate purposes of this clause, the term ‘bank’ shall The SPEAKER pro tempore laid be- swaps from certain regulatory require- fore the House the following message be defined pursuant to section 3(a)(6) of the ments put in place by the Dodd-Frank Securities Exchange Act of 1934, ‘insurer’ from the President of the United Wall Street Reform and Consumer Pro- shall be defined pursuant to title V of Public States; which was read and referred to tection Act, as amended. Law 111-203, and ‘swap’ shall be defined pur- the Committee on Ways and Means and The Clerk read the title of the bill. suant to title VII of Public Law 111-203. ordered to be printed: The text of the bill is as follows: ‘‘(vi) PREVENTION OF EVASION.—The Com- mission may prescribe rules under this sub- To the Congress of the United States: H.R. 2779 paragraph (and issue interpretations of such In accordance with section Be it enacted by the Senate and House of Rep- rules) as determined by the Commission to 502(f)(1)(A) of the Trade Act of 1974, as resentatives of the United States of America in be necessary to include in the definition of amended (the ‘‘1974 Act’’) (19 U.S.C. Congress assembled, swaps under this paragraph any agreement,

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.006 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1549 contract, or transaction that has been struc- SEC. 2. IMPLEMENTATION. To conclude, Mr. Speaker, I com- tured to evade the requirements of this Act The amendments made by this Act to the mend the efforts of my colleagues from applicable to swaps.’’. Commodity Exchange Act shall be imple- both sides of the aisle this morning, mented— (b) SECURITIES EXCHANGE ACT OF 1934 (1) without regard to— and I urge my colleagues to support AMENDMENTS.—Section 3(a)(68) of the Securi- (A) chapter 35 of title 44, United States this bipartisan bill. ties Exchange Act of 1934 (15 U.S.C. Code; and I reserve the balance of my time. 78c(a)(68)), as added by section 761(a)(6) of the (B) the notice and comment provisions of Ms. FUDGE. Mr. Speaker, I ask Dodd-Frank Wall Street Reform and Con- section 553 of title 5, United States Code; unanimous consent that 10 minutes of sumer Protection Act, is amended by adding (2) through the promulgation of an interim my time be controlled by Ms. MOORE of at the end the following: final rule, pursuant to which public com- the Financial Services Committee. ‘‘(F) TREATMENT OF AFFILIATE TRANS- ment will be sought before a final rule is The SPEAKER pro tempore. Without ACTIONS.— issued, and objection, the gentlewoman from Wis- ‘‘(i) IN GENERAL.—For the purposes of any (3) such that paragraph (1) shall apply sole- ly to changes to rules and regulations, or consin will control 10 minutes. clearing and execution requirements under There was no objection. section 3C and any applicable margin and proposed rules and regulations, that are lim- capital requirements of section 15F(e), and ited to and directly a consequence of such Ms. FUDGE. Mr. Speaker, I yield my- for purposes of defining ‘security-based swap amendments. self such time as I may consume. dealer’ or a ‘major security-based swap par- The SPEAKER pro tempore. Pursu- Today, we debate and will vote on ticipant’, and reporting requirements other ant to the rule, the gentleman from H.R. 2779, a bill that addresses a crit- than those set forth in clause (ii), the term New Jersey (Mr. GARRETT) and the gen- ical issue facing American businesses. ‘security-based swap’ does not include any tlewoman from Ohio (Ms. FUDGE) each I want to thank my fellow Ohioans, agreement, contract, or transaction that— will control 20 minutes. STEVE STIVERS and Ms. MOORE, and our ‘‘(I) would otherwise be included as a ‘secu- The Chair recognizes the gentleman collective staffs for all their hard work rity-based swap’ under subparagraph (A); and from New Jersey. on this important piece of legislation. ‘‘(II) is entered into by parties that report This bill that I co-introduced with information or prepare financial statements GENERAL LEAVE on a consolidated basis, or for which a com- Mr. GARRETT. Mr. Speaker, I ask my colleague Mr. STIVERS will exempt pany affiliated with both parties reports in- unanimous consent that all Members derivatives trades between two affili- formation or prepares financial statements have 5 legislative days in which to re- ates of the same corporation from on a consolidated basis. vise and extend their remarks and to clearing, execution, and margin re- ‘‘(ii) REPORTING.—All agreements, con- add extraneous material on this bill. quirements. This legislation would pre- tracts, or transactions described in clause (i) The SPEAKER pro tempore. Is there vent internal, inter-affiliate swaps shall be reported to either a security-based objection to the request of the gen- from being subject to requirements swap data repository, or, if there is no secu- tleman from New Jersey? that were designed to apply only to rity-based swap data repository that would There was no objection. certain external swaps. These internal accept such agreements, contracts, or trans- Mr. GARRETT. Mr. Speaker, I yield actions, to the Commission pursuant to sec- swaps are used by many American cor- myself 2 minutes. porations in multiple sectors of our tion 13A, within such time period as the The legislation that is before us Commission may by rule or regulation pre- economy. scribe. today ensures that American busi- Under the Dodd-Frank financial re- ‘‘(iii) PRESERVATION OF FEDERAL RESERVE nesses will not be needlessly forced to form law, there is no distinction be- ACT AUTHORITY.—Nothing in this subpara- use up the capital that they need to tween inter-affiliate and external create jobs simply to satisfy some du- graph shall exempt a transaction described swaps. The regulation of inter-affiliate in this subparagraph from sections 23A or plicative regulations. Under H.R. 2779, trade should reflect the economic re- 23B of the Federal Reserve Act or imple- the inter-affiliate trades would be only ality that internal trades do not in- menting regulations thereunder. exempt from costly margin, clearing, crease systemic risk. As our Nation’s ‘‘(iv) PROTECTION OF INSURANCE FUNDS.— and real-time reporting requirements. economic recovery is getting under- Nothing in this subparagraph shall be con- Swap trades facing non-affiliated strued to prevent the regulator of a Federal way, we need to ensure American busi- counterparties would still be subject to or State insurance fund or guaranty fund nesses remain competitive. We all re- all the other regulatory requirements from exercising its other existing authority member the financial crisis and the to protect the integrity of such a fund, ex- under proposed agency rules. So, with- out this bill, companies could face dou- pain of recovery that is still evident cept that such regulator shall not subject se- today. We cannot and should not re- curity-based swap transactions between af- ble—yes, double—the margin and regu- filiated companies to clearing and execution latory cost. turn to the wild days of Wall Street. requirements under section 3C, to any appli- To my point, last June the office of That is why I voted for the Dodd-Frank cable margin and capital requirements of the OCC—that’s the Comptroller of the law and why I continue to support it. section 15F(e), or to reporting requirements Currency—estimated that margin re- However, we should allow American of title VII of Public Law 111-203 other than quirements under proposed prudential businesses acting in good faith to effec- those set forth in clause (ii). regulator margin rules could conserv- tively manage risk. By failing to clar- ‘‘(v) PRESERVATION OF FEDERAL AND STATE atively cost over $2 trillion, which ify these important distinctions within REGULATORY AUTHORITIES.—Nothing in this Dodd-Frank, we run the risk of stalling subparagraph shall affect the Federal bank- could increase substantially if regu- ing agencies’ safety-and-soundness authori- lators force affiliates to post margins job growth and potentially passing ties over banks established in law other than on trades between themselves. costs on to consumers. title VII of Public Law 111-203 or the authori- Without the relief of this bill, Amer- Together with our colleagues in the ties of State insurance regulators over insur- ican companies face the prospect of Committee on Financial Services and ers, including the authority to impose cap- having to post double margins on swap the Committee on Agriculture, we have ital requirements with regard to security- trades: once on a swap trade with strengthened the language of the bill based swaps. For purposes of this clause, the themselves and secondly when they to ensure it cannot be used to evade term ‘bank’ shall be defined pursuant to sec- other financial regulations. H.R. 2779 tion 3(a)(6) of the Securities Exchange Act of trade outside. So the Stivers-Fudge bill 1934, ‘insurer’ shall be defined pursuant to provides this needed relief. was approved by the House Financial title V of Public Law 111-203, and ‘security- This bill strengthens the ability of Services Committee by a vote of 53–0, based swap’ shall be defined pursuant to title the regulators to oversee the affiliate and the House Agriculture Committee VII of Public Law 111-203. swaps marketplace because those passed it by unanimous voice vote. ‘‘(vi) PREVENTION OF EVASION.—The Com- transactions must be reported still to a It is possible for Democrats and Re- mission may prescribe rules under this sub- swap depository, or the CFTC or the publicans to work together on legisla- paragraph (and issue interpretations of such SEC. Either way, Mr. Speaker, regu- tion that stands to benefit American rules) as determined by the Commission to lators will be able to monitor these businesses and our Nation’s economy. I be necessary to include in the definition of urge my colleagues to vote ‘‘yes’’ on security-based swap under this paragraph transactions very closely. The bill also any agreement, contract, or transaction that gives the SEC and CFTC the power to H.R. 2779, and I reserve the balance of has been structured to evade the require- regulate swap transactions that are my time. ments of this Act applicable to security- structured as affiliate trades only for Mr. GARRETT. Mr. Speaker, at this based swaps.’’. purposes of evading regulation. point, I yield 5 minutes to the sponsor

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.006 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1550 CONGRESSIONAL RECORD — HOUSE March 26, 2012 of the underlying legislation, the gen- urge my colleagues to vote in favor of exposure, but also more exotic risks as- tleman from Ohio (Mr. STIVERS). this legislation. sociated with unique markets and busi- Mr. STIVERS. I would like to thank b 1510 nesses. H.R. 2779 clarifies that end the gentleman from New Jersey for users, not investors, have the ability to yielding me time. I would also like to Ms. FUDGE. Mr. Speaker, I want to hedge risk for legitimate business pur- thank my fellow Ohioan, Ms. FUDGE, thank my friend and colleague from poses. for her hard work and support on this Ohio for all of his work. I think it’s an Now, the flip side of swaps are that bill, and I would like to thank Ms. excellent bill, and I’m certainly happy they may also be used to acquire risk MOORE from Wisconsin for her hard to have cosponsored it with him. by investors. In that capacity, swaps work as I recognize that she improved I would now, Mr. Speaker, yield to allocate risk to parties that want to the bill. I would also like to thank the my colleague and friend from the great and are able to bear the risk. However, chairs and ranking members of the Fi- State of Wisconsin (Ms. MOORE), a in the unregulated pre-Dodd-Frank nancial Services and Agriculture Com- member of the Financial Services Com- world, over-the-counter swaps and de- mittees and their staffs for their hard mittee. rivatives lacked transparency and al- work on this bill. Ms. MOORE. Thank you, Ms. FUDGE. lowed risk to pool and gather in ways Mr. Speaker, this is bipartisan legis- I would, first of all, like to thank that would eventually help drive the fi- lation that clarifies the Dodd-Frank Chairman BACHUS and Ranking Mem- nancial crisis and create systemic risk. Financial Reform Act by recognizing ber FRANK and, on the subcommittee, Dodd-Frank duly addressed the les- that there is an important distinction Chairman GARRETT and Ranking Mem- sons of the financial crisis by pushing between inter-affiliate swaps and mar- ber WATERS, Mr. STIVERS and Ms. as many product types as possible to be ket-facing swaps. While market-facing FUDGE from the Ag Committee, for centrally cleared and traded on elec- swaps carry risk, inter-affiliate swaps their leadership that kept the bill mov- tronic exchanges or other trading fa- do not. They’re simply an accounting ing; other members of the Financial cilities, subjecting these swap dealers practice used within corporate families Services Committee—Mr. PERLMUTTER, and major market participants to cap- to assign the ownership of derivatives Mr. HIMES, Mr. MILLER, Mr. DOLD, Mr. ital and to margin requirements, and inside the corporate umbrella. Without GIBSON, among others—for all of their requiring the public reporting of trans- providing this distinction, corporations input on this legislation. action and pricing data of both cleared using inter-affiliate swaps that manage This is a bill—and some people here and uncleared swaps. their risk in a central way would be today, Mr. Speaker, may be surprised H.R. 2779 does not disturb any of forced to pay up to three times for the to know that it enjoys bipartisan sup- those important reforms accomplished way they do business. In fact, they port because it ensures, number one, in Dodd-Frank. Interaffiliate swaps are would collateralize their derivatives the vitality of U.S. and global com- simply transactions within a single against the market on one side and merce by exempting interaffiliate group of affiliated entities, in other then on both sides of the inter-affiliate swaps, or those swap transactions used words, meaning entities that prepare swap, so they would actually pay three internally by companies in all our dis- financial statements on a consolidated times what you would pay if you didn’t tricts, from clearing, margin, and exe- basis. Therefore, interaffiliated swaps manage your risk in a centralized way. cution requirements. But H.R. 2779 also do not add or subtract from overall The irony of that is, in managing preserves the all-important reforms of systemic risk. Therefore, H.R. 2779 sim- your risk in a centralized way, it actu- the over-the-counter swap markets en- ply builds on my original intent of vot- ally provides better protection and al- acted as part of Dodd-Frank while pro- ing for Dodd-Frank—the promotion of lows for experts to manage your risk. viding swap end users that exemption U.S. prosperity going forward. The problem with that also is it would that is responsive to their legitimate Through the process of drafting the tie up working capital that could be business needs for flexibility, risk man- bill, a number of revisions were adopt- used to create jobs here in the United agement, and price stability. ed, thanks to the thoughtful input of States and get our economy moving Now, in Congress, 4 years is an eter- many of our colleagues. The definition and focusing on our recovery. nity; but I have not forgotten the 2008 of ‘‘control,’’ which is central to the There are important protections in financial crisis and the human hard- issues of a legitimate interaffiliate this bill, as well, that the lady from ship that it caused and continues to transaction, was clarified. Anti-evasion Ohio already alluded to. We put protec- cause in Milwaukee and all across measures were added so that the ex- tions in this bill to make sure that America. The work continues, and this emption would not lead to abuse. Lan- businesses that utilize this provision bill is a part of that. guage was adopted that made sure Fed are, indeed, truly affiliated. We also I can tell you, Mr. Speaker, I was authority over interaffiliate banks was made sure that there were reporting re- proud to be part of the effort that pro- preserved as was language that clearly quirements so that these swaps adhere duced Dodd-Frank, legislation that will and explicitly states that the bill does to transparency in the marketplace. improve accountability and trans- nothing to disturb the existing regu- We also made sure that it’s very clear parency in the financial markets, in- latory regime for insurance companies. that any attempt to use these provi- cluding the pre-Dodd-Frank unregu- This is a good bill, Mr. Speaker. It sions to evade provisions under the lated over-the-counter derivatives mar- has the backing of Republicans, Demo- Dodd-Frank bill for someone who is kets which played a central role in the crats, and industry end users of deriva- just trying to evade the law and does crisis. However, I did not vote for tives. I urge all of my colleagues to not have true inter-affiliate swaps Dodd-Frank as retribution against back this legislation, and I yield back would not be allowed. We also ensured Wall Street or for any punitive means. the balance of my time. that regulators keep their authority to I voted for Dodd-Frank to enhance the Mr. GARRETT. Mr. Speaker, at this manage the safety and soundness of function and transparency of markets point, I yield 3 minutes to the gen- America’s financial institutions. and to promote prosperity for Ameri- tleman from Texas (Mr. CONAWAY). The bottom line is we should not cans going forward. For that reason, I Mr. CONAWAY. I thank the gen- overcharge businesses for an account- am happy to support H.R. 2779. tleman from New Jersey for yielding ing method they use that does not gen- A little bit of background about the time. erate additional risk. By passing this critical need the bill addresses and how Mr. Speaker, I rise today to express legislation, we are preventing these in- bipartisan collaboration produced the my strong support for H.R. 2779. ternal transactions from being subject final bill. The interaffiliate swaps, those swaps to duplicative regulations that could Now, swaps are versatile financial occurring between entities within a drive jobs overseas and increase costs tools that have become instrumental single corporate structure, are an im- for consumers. for the management of risk and for al- portant tool for companies and to man- This bill was reported unanimously lowing companies to more efficiently age their risk. in the Financial Services Committee transact in global markets. Swaps aid As a member of the House Agri- 53–0, and it passed by unanimous voice companies to hedge and to mitigate culture Committee and the chair of the vote in the Agriculture Committee. I things like interest rate and currency General Farm Commodities and Risk

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.011 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1551 Management Subcommittee, I want to rules and pass the bill, H.R. 2779, as New Jersey (Mr. GARRETT) and the gen- commend Mr. STIVERS and Ms. FUDGE amended. tleman from Texas (Mr. AL GREEN) for putting together a commonsense The question was taken. each will control 20 minutes. bill that will offer our businesses and The SPEAKER pro tempore. In the The Chair recognizes the gentleman agriculture firms certainty about a opinion of the Chair, two-thirds being from New Jersey. small but important aspect of the over- in the affirmative, the ayes have it. GENERAL LEAVE all Dodd-Frank rulemaking. Mr. GARRETT. Mr. Speaker, on that Mr. GARRETT. Mr. Speaker, I ask Centralizing a large organization’s I demand the yeas and nays. unanimous consent that all Members risk mitigation efforts can yield sub- The yeas and nays were ordered. have 5 legislative days in which to re- stantial economic benefits and reduce The SPEAKER pro tempore. Pursu- vise and extend their remarks and to a firm’s overall credit risk. In addition ant to clause 8 of rule XX, further pro- add any extraneous material on the to creating operating savings through ceedings on this question will be post- bill. economies of scale, these companies poned. The SPEAKER pro tempore. Is there can also reduce the number of external- f objection to the request of the gen- facing transactions altogether. tleman from New Jersey? BUSINESS RISK MITIGATION AND By looking at a firm’s entire risk There was no objection. portfolio, it’s possible to find places PRICE STABILIZATION ACT OF 2012 Mr. GARRETT. I yield myself 3 min- where risks overlap and offset one an- Mr. GARRETT. Mr. Speaker, I move utes. other, reducing the need for entering to suspend the rules and pass the bill Mr. Speaker, this bipartisan bill the market. Fewer swaps mean less (H.R. 2682) to provide end user exemp- would do what? It would provide a money tied up in margin, clearing, and tions from certain provisions of the clear exemption from margin require- execution and more money being spent Commodity Exchange Act and the Se- ments, margin requirements imposed on hiring Americans, buying supplies, curities Exchange Act of 1934, and for by the Dodd-Frank Act on where? On and funding innovation. other purposes, as amended. swap transactions for so-called end- Unfortunately, ambiguity in the The Clerk read the title of the bill. users who use derivatives to hedge Dodd-Frank law could undo this inno- The text of the bill is as follows: their business risks and whose swap vative risk management strategy. If H.R. 2682 transactions really do not pose a sys- interaffiliate swaps are treated the Be it enacted by the Senate and House of temic risk to the financial system. same as other swaps, end users could Representatives of the United States of America Following the really late night of the wind up posting margin for the same in Congress assembled, Dodd-Frank conference committee de- swap twice: once for the public trade SECTION 1. SHORT TITLE. liberations, numerous assurances were and once for the internal trade that as- This Act may be cited as the ‘‘Business made that margin would not be re- signs the swap to the appropriate busi- Risk Mitigation and Price Stabilization Act quired on end-users’ transactions. Now, ness unit. Needless to say, posting mar- of 2012’’. these assurances were subsequently fol- gin for the same transaction twice SEC. 2. MARGIN REQUIREMENTS. lowed up by formal letters and col- means that companies are likely to (a) COMMODITY EXCHANGE ACT AMEND- loquies by the very same architects of abandon the use of interaffiliate swaps MENT.—Section 4s(e) of the Commodity Ex- the bill themselves. Everyone was told altogether and, with it, the efficiencies change Act (7 U.S.C. 6s(e)), as added by sec- that Congress clearly intended for the that made the strategy attractive in tion 731 of the Dodd-Frank Wall Street Re- language to exempt end-users from the the first place, thereby driving up their form and Consumer Protection Act, is amended by adding at the end the following bill’s margin requirements. business costs and overall risks. new paragraph: Unfortunately, the regulators have It’s important to note that this legis- ‘‘(4) APPLICABILITY WITH RESPECT TO lation simply clarifies the intent of interpreted it a different way, and they COUNTERPARTIES.—The requirements of para- have interpreted Dodd-Frank’s some- Congress. It does not repeal any of the graphs (2)(A)(ii) and (2)(B)(ii) shall not apply what rushed language as not providing market protections in Dodd-Frank. to a swap in which a counterparty qualifies These internal swaps do not create risk for an exception under section 2(h)(7)(A) or a clear exemption for these end-users. and do not pose a systemic threat to fi- satisfies the criteria in section 2(h)(7)(D).’’. Representative GRIMM’s bill here nancial markets. Instead, it protects (b) SECURITIES EXCHANGE ACT AMEND- today finally provides American busi- an important tool American companies MENT.—Section 15F(e) of the Securities Ex- nesses with the certainty that they change Act of 1934 (15 U.S.C. 78o–10(e)), as need to use derivatives to hedge use to unlock the value of their unlim- added by section 764(a) of the Dodd-Frank ited resources. against business risk. End-users, you Wall Street Reform and Consumer Protec- know, were not the cause of the finan- I want to thank both Mr. STIVERS tion Act, is amended by adding at the end cial crisis; and by any measure whatso- and Ms. FUDGE for bringing forward the following new paragraph: ever, end-users are not systemically this legislation, and Chairman LUCAS ‘‘(4) APPLICABILITY WITH RESPECT TO significant. and Chairman BACHUS for shepherding COUNTERPARTIES.—The requirements of para- it through both committees in a timely graphs (2)(A)(ii) and (2)(B)(ii) shall not apply Who are these end-users that we’re fashion. to a security-based swap in which a talking about here? Well, they are the counterparty qualifies for an exception Main Street businesses from all over Ms. FUDGE. I continue to reserve, under section 3C(g)(1) or satisfies the criteria Mr. Speaker. I have no further speak- the country that represent all types of in section 3C(g)(4).’’. industries that rely on the use of de- ers. SEC. 3. IMPLEMENTATION. Mr. GARRETT. Mr. Speaker, I was rivatives to responsibly hedge their The amendments made by this Act to the own business risk, and so they should hoping the gentlelady had one more Commodity Exchange Act shall be imple- speaker. I was going to reserve, as we mented— not be and were not ever considered had one other speaker on the way, but (1) without regard to— under the same umbrella, if you will, of let me just check. (A) chapter 35 of title 44, United States regulations as banks are that are sub- Without seeing him here, Mr. Speak- Code; and ject to posting margins on their swap er, I yield back the balance of my time. (B) the notice and comment provisions of transactions. section 553 of title 5, United States Code; In requiring end-users to be subject Ms. FUDGE. Mr. Speaker, I just, (2) through the promulgation of an interim again, want to thank everyone in- to a mandatory margin requirement, final rule, pursuant to which public com- what it basically does is force commer- volved in this bill and ask my col- ment will be sought before a final rule is leagues to please support it. issued; and cial entities to act like banks. So, I yield back the balance of my time. (3) such that paragraph (1) shall apply sole- without a margin exemption, the cost ly to changes to rules and regulations, or of hedging for these would rise dra- b 1520 proposed rules and regulations, that are lim- matically, and that would needlessly The SPEAKER pro tempore. The ited to and directly a consequence of such tie up working capital that otherwise question is on the motion offered by amendments. could and should be used to expand the gentleman from New Jersey (Mr. The SPEAKER pro tempore. Pursu- business investments, build factories, GARRETT) that the House suspend the ant to the rule, the gentleman from or create jobs.

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.012 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1552 CONGRESSIONAL RECORD — HOUSE March 26, 2012 So I conclude on this. It is critical authority to exempt end-users from the gling with sky-high tolls, rising gas that we provide U.S. Main Street busi- margin requirements. prices, they simply can’t afford to pay nesses across this country with this This bill passed favorably out of both more for items they rely on every day. important certainty, with this clarity. the House Financial Services Com- Furthermore, this legislation will not I urge my colleagues on both sides of mittee and House Agriculture Com- only help to keep consumers’ prices the aisle to support this bipartisan bill. mittee with strong bipartisan support. stable, but it will also protect U.S. I reserve the balance of my time. In no way should H.R. 2682 undo any of jobs. The cost savings end users will re- Mr. AL GREEN of Texas. Mr. Speak- the important protections of reform alize by not being required to post mar- er, I would like to note that I will be legislation. Its purpose is to recognize gin will free up capital for business ex- yielding 10 minutes of time to my col- the end-users’ responsibility to use pansion and job creation. league from the Ag Committee, Mr. swaps as a part of their businesses. In fact, it has been shown that im- OWENS. I congratulate Mr. GRIMM and Mr. posing a 3 percent margin on over-the- The SPEAKER pro tempore. Without PETERS, and I encourage you to support counter derivatives held by S&P 500 objection, the gentleman from New this bill. companies could cut capital spending York will control 10 minutes. I reserve the balance of my time. by $5.1 to $6.7 billion. That could lead There was no objection. Mr. GARRETT. At this time, I yield to 100,000 to 130,000 job losses. At a time Mr. AL GREEN of Texas. I yield my- 5 minutes to the gentleman from New when unemployment is 8.3 percent, this self such time as I may consume. York (Mr. GRIMM), the author of the cannot be overlooked or overstated. Mr. Speaker, I do want to concur underlying legislation and also some- Finally, without this clear exemption with those who’ve announced that bi- one who has been instrumental in mak- provided in this legislation, I believe partisanship is alive and well at the ing sure that we could work in a bipar- that U.S.-based commercial end users committee level and on the floor of tisan manner to get it to the floor may attempt to continue hedging and this House today. I’d like to thank my today. avoid posting margins by moving their colleagues on the other side, Mr. GAR- Mr. GRIMM. I would like to thank derivatives products overseas. That RETT and Mr. GRIMM, for their coopera- Chairman GARRETT. would put U.S.-based financial institu- tion and our ability to work together. I rise today in support of my legisla- tions at a major disadvantage and, as a I’d also like to especially thank the tion, H.R. 2682, the Business Risk Miti- consequence, drive even more U.S. jobs staff of the full committee and the gation and Price Stabilization Act of overseas. In addition, this could also staff of each congressional office for 2012. H.R. 2682, I’m very proud to say, is encourage regulatory arbitrage and ac- the outstanding work the staff mem- truly a bipartisan bill; and I would like tually increase systemic risk to a bers have done. It is very difficult to to thank my colleagues on the other worldwide financial system. get legislation to this point without side of the aisle, especially Mr. PETERS In closing, I ask that my colleagues the benefit of staff having had a help- of Michigan, Mr. AUSTIN SCOTT of Geor- support this commonsense, bipartisan ing hand, and we thank the staff. gia, and Mr. OWENS of New York, for pro-jobs legislation. Mr. Speaker, the passage of the Wall working with me on this extremely im- Mr. OWENS. Mr. Speaker, I yield my- Street Reform and Consumer Protec- portant issue. self such time as I may consume. I rise tion Act of 2010 established a system H.R. 2682 will clarify Congress’ intent in support of H.R. 2682. for regulating the over-the-counter— under the Dodd-Frank Act and provide I would like to thank Chairman that’s the OTC—derivatives market. an explicit exemption from having to LUCAS and Ranking Member PETERSON Authority is provided to the Securities post margin for true commercial end- for their leadership on this important and Exchange Commission, the Com- users of over-the-counter derivatives. issue, as well as Mr. SCOTT from the modity Futures Trading Commission, Despite clear legislative history to the Agriculture Committee, and our col- and the banking regulators, which have contrary, regulators continue to mis- leagues on Financial Services, Mr. been proposing the regulation that will interpret the Dodd-Frank Act, giving PETERS, Mr. GREEN and, of course, Mr. eventually govern the OTC derivatives them authority to impose margin re- GRIMM. market. quirements on end-users. As a cosponsor of H.R. 2682 and as one Previously, banks and other financial This bill will ensure once and for all of the authors of this legislation, I be- companies were able to amass consid- that true end-users are not subjected lieve that the definition of an ‘‘end erable risk using OTC derivatives with- to margin requirements that Congress user’’ needs to be very specific to en- out reporting to the regulator or to the never intended to be applied and make sure that the CFTC implements the in- public. The Wall Street Reform Act re- sure that regulators do not attempt to tent of Congress in exempting true end quires that most derivative trans- exercise authorities they were never users from certain derivatives regula- actions, primarily those between deal- granted by Congress in ways that will tions. ers, now be centrally cleared and ex- certainly do harm to the economy, spe- My district in upstate New York in- change traded whenever possible and cifically, by diverting working capital cludes a number of entities that would that all transaction data be collected away from investment and expansion, be inappropriately captured as swap and publicly reported at clearinghouses which fuels economic growth and cer- dealers under the proposed CFTC rules, or swap-data repositories. tainly job creation. including agricultural cooperatives, The new rules are intended to allow True end-users are firms and compa- farm credit institutions, community regulators and the public to better ana- nies that use derivatives to manage banks, and electric cooperatives. Clear- lyze the derivative risk-taking activi- their various financial risks. For exam- ly, none of these entities were intended ties of banks and other financial com- ple, firms use these products to lock in by Congress to be covered by these reg- panies. The new rules are not intended the costs of raw materials that they’re ulations. to hold in place onerous requirements going to need in the future, which ulti- While each of them uses derivatives on companies that use derivatives only mately protects American consumers to meet their business needs, they are as a means to hedge the risk of the and creates jobs here in America. If not engaging in derivatives trans- company. true end-users were required to post actions as their primary businesses. If H.R. 2682 clarifies Congress’ intent margin, their hedging costs may be- forced to comply with the increased when passing the Wall Street Reform come so high that they could abandon margin and clearing requirements, it legislation by more clearly exempting the practice, leading to great price could make the services currently of- end-users that are only using swaps to variations for raw materials and, ulti- fered by end users cost prohibitive and hedge or to mitigate commercial risk. mately, an increase in consumer prices impede their ability to conduct busi- H.R. 2682 is also consistent with a for a whole host of products from food ness, likely resulting in higher prices colloquy between Representatives to energy. for my constituents and diverting cap- FRANK and PETERSON, as well as a let- ital that could otherwise be invested ter from Senators Lincoln and Dodd, b 1530 and used to help create jobs. These are which noted that the reform legislation At a time when constituents on Stat- all negative consequences that our provided the regulators with sufficient en Island and in Brooklyn are strug- economy can ill afford at this time.

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.014 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1553 These financial instruments are par- financial end users represent less than For this reason, I ask my colleagues ticularly important for dairy farmers 10 percent of the swaps market and to support H.R. 2682 so businesses and in my district who depend on their co- have never posed a systemic risk to the individuals can manage their risks of operatives to offer them tools to man- broader financial markets. day-to-day operations while not being age price risks and to lock in margins. As we in Congress continue to ad- constrained with the burdensome cap- A local cooperative must have the abil- vance legislation to put America back ital requirements. ity to enter into swaps with its mem- to work, we should prevent unneces- Mr. GARRETT. I yield back the bal- bers and have affordable access to the sary regulatory burdens on businesses. ance of my time. market with other commercial I am pleased to support H.R. 2682 be- The SPEAKER pro tempore (Mr. counterparties to offset the risk of pro- cause it will do just that. HUIZENGA of Michigan). The question is viding these swaps and forward con- I want to thank Mr. GRIMM, Mr. on the motion offered by the gen- tracts. Under the CFTC’s proposed PETERS, Mr. SCOTT, and Mr. OWENS for tleman from New Jersey (Mr. GARRETT) rules, the cooperatives would be regu- sponsoring this important legislation. I that the House suspend the rules and lated as a swap dealer even though am pleased to note that it is a bipar- pass the bill, H.R. 2682, as amended. they are using derivative contracts to tisan effort and is supported over- The question was taken. hedge commercial risk and to support whelmingly by both committees. The SPEAKER pro tempore. In the the viability of their members. I also want to thank my chairman, opinion of the Chair, two-thirds being There is no doubt in my mind that Mr. LUCAS, and Chairman BACHUS, for in the affirmative, the ayes have it. the derivatives market needs to be reg- their work in clarifying Congress’ in- Mr. GARRETT. Mr. Speaker, on that ulated and that certain participants tent for regulators with respect to end I demand the yeas and nays. need to post margin to cover their users. This legislation will protect jobs The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- trades in order to mitigate systemic and businesses struggling to meet the ant to clause 8 of rule XX, further pro- risk throughout the financial system. multitude of mandates coming out of ceedings on this question will be post- However, this legislation will codify Washington. Mr. AL GREEN of Texas. Mr. Speak- poned. Congress’ intent and ensure that com- er, I would simply close by indicating mercial end users can continue to f that I concur with my colleagues. This hedge against risk. legislation does enjoy the bipartisan b 1540 I urge my colleagues on both sides of support that we believe will help us get HOMES FOR HEROES ACT OF 2011 the aisle to support this important bi- a message to our Members that it is a partisan legislation, and I yield back Mrs. BIGGERT. Mr. Speaker, I move good piece of legislation that should be the balance of my time. to suspend the rules and pass the bill totally supported by the membership. Mr. GARRETT. Once again, Mr. (H.R. 3298) to establish the position of So, I would ask my colleagues and Speaker, I would like to yield 3 min- Special Assistant for Veterans Affairs Members of the Congress to please sup- utes to the gentleman from Texas (Mr. in the Department of Housing and port this legislation. CONAWAY). Urban Development, and for other pur- I yield back the balance of my time. poses. Mr. CONAWAY. Thank you to Mr. Mr. GARRETT. Mr. Speaker, I think GARRETT of New Jersey. The Clerk read the title of the bill. we have one more speaker. I yield 2 The text of the bill is as follows: Mr. Speaker, I rise today in full sup- minutes to the gentleman from Geor- port of H.R. 2682, the Business Risk H.R. 3298 gia (Mr. AUSTIN SCOTT). Mitigation and Stabilization Act. Mr. AUSTIN SCOTT of Georgia. Mr. Be it enacted by the Senate and House of Rep- As chairman of the General Farm resentatives of the United States of America in Speaker, I rise today in support of H.R. Congress assembled, Commodities and Risk Management 2682, the Business Risk Mitigation and Subcommittee, I am pleased to see this SECTION 1. SHORT TITLE. Price Stabilization Act of 2012. This Act may be cited as the ‘‘Homes for bill brought to the floor today. The This bill provides a clear exemption Heroes Act of 2011’’. Business Risk Mitigation and Sta- for nonfinancial end users that qualify SEC. 2. SPECIAL ASSISTANT FOR VETERANS AF- bilization Act will offer legislative for the clearing exemption under title FAIRS IN THE DEPARTMENT OF clarification for one of the most impor- VII of the Dodd-Frank Wall Street Re- HOUSING AND URBAN DEVELOP- tant points that underlies Dodd-Frank, form and Consumer Protection Act. MENT. which is that nonfinancial end users Section 4 of the Department of Housing Across the country, consumers and and Urban Development Act (42 U.S.C. 3533) should not be required to post margin. businesses alike are confronted with is amended by adding at the end the fol- In hearings and letters, Congress risks that are associated with their lowing new subsection: could not have been clearer in its in- day-to-day operations. To manage this ‘‘(g) SPECIAL ASSISTANT FOR VETERANS AF- tent to exempt nonfinancial end users risk, businesses use over-the-counter FAIRS.— from being required to post margins for derivatives to provide price certainty ‘‘(1) ESTABLISHMENT.—There shall be in the their risk mitigation transactions. Yet, and stability in many other conditions Department a Special Assistant for Veterans despite our clear intent, regulators which may arise or may otherwise be Affairs, who shall be a special assistant to have proposed rules that could result less specific. Consumers, in turn, ben- the Secretary and shall report directly to the Secretary. in margin requirements for these end efit from these business prudent risk ‘‘(2) APPOINTMENT.—The Special Assistant users. management practices a through lower for Veterans Affairs shall be appointed based Every dollar that a business has tied volatility in the day-to-day prices of solely on merit and shall be covered under up in a margin account is a dollar it the products that they purchase. the provisions of title 5, United States Code, cannot spend on job creation or other Due to the importance of protecting governing appointments in the competitive productive business purposes. The the consumer while providing a pro- service. Chamber of Commerce has recently es- growth environment for business, Con- ‘‘(3) RESPONSIBILITIES.—The Special Assist- timated the costs of requiring these gress provided an exemption from ant for Veterans Affairs shall be responsible clearing and margin requirements for for— end users to post margins could reach ‘‘(A) ensuring veterans have fair access to billions of dollars and cost over 100,000 businesses and individuals who are not housing and homeless assistance under each jobs, all over the clear and concise ob- financial institutions. By providing program of the Department providing either jections of Congress. this exemption, less than 10 percent of such assistance; This legislation simply affirms the the capital involved in the derivatives ‘‘(B) coordinating all programs and activi- original position of Congress that non- market is relieved of the burdensome ties of the Department relating to veterans; financial end users do not need to tie regulations and can be kept in the U.S. ‘‘(C) serving as a liaison for the Depart- up scarce resources to participate in economy. To further the initial goal, ment with the Department of Veterans Af- the swaps markets. Much like H.R. H.R. 2682 clarifies Congress’ intent of fairs, including establishing and maintaining relationships with the Secretary of Veterans 2779, which we debated earlier, the keeping much needed capital in the Affairs; Business Risk Mitigation and Sta- U.S. markets, which plays an impor- ‘‘(D) serving as a liaison for the Depart- bilization Act would not undermine the tant role in the country’s economic ment, and establishing and maintaining rela- established goals of Dodd-Frank. Non- growth. tionships with the United States Interagency

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.016 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1554 CONGRESSIONAL RECORD — HOUSE March 26, 2012 Council on Homelessness and officials of (1) The Committee on Banking, Housing, tering a better working relationship State, local, regional, and nongovernmental and Urban Affairs of the Senate. between HUD and the VA. The result organizations concerned with veterans; (2) The Committee on Veterans’ Affairs of will be better services for our heroes; ‘‘(E) providing information and advice re- the Senate. and while we can never repay our vet- garding— (3) The Committee on Appropriations of ‘‘(i) sponsoring housing projects for vet- the Senate. erans for the selfless sacrifices they’ve erans assisted under programs administered (4) The Committee on Financial Services of made, we can work to ensure that they by the Department; or the House of Representatives. have a place to call home when they ‘‘(ii) assisting veterans in obtaining hous- (5) The Committee on Veterans’ Affairs of come home. ing or homeless assistance under programs the House of Representatives. I urge my colleagues to support this administered by the Department; (6) The Committee on Appropriations of bill, and I reserve the balance of my ‘‘(F) coordinating with the Secretary of the House of Representatives. time. Housing and Urban Development and the The SPEAKER pro tempore (Mr. Secretary of Veterans Affairs in carrying out Mr. AL GREEN of Texas. Mr. Speak- GRIMM). Pursuant to the rule, the gen- section 3 of the Homes for Heroes Act of 2011; er, I yield myself such time as I may and tlewoman from Illinois (Mrs. BIGGERT) consume. ‘‘(G) carrying out such other duties as may and the gentleman from Texas (Mr. AL I thank my colleague, Mrs. BIGGERT, be assigned to the Special Assistant by the GREEN) each will control 20 minutes. for her support of this legislation as Secretary or by law.’’. The Chair recognizes the gentle- well as many other pieces of legislation SEC. 3. ANNUAL SUPPLEMENTAL REPORT ON woman from Illinois. that we’ve had the privilege of working VETERANS HOMELESSNESS. GENERAL LEAVE together on. (a) IN GENERAL.—The Secretary of Housing Mrs. BIGGERT. Mr. Speaker, I ask and Urban Development and the Secretary of Mr. Speaker, I’d like to thank you, as unanimous consent that all Members well, for your cosponsorship of the leg- Veterans Affairs, in coordination with the may have 5 legislative days in which to United States Interagency Council on Home- islation. It means a lot to have bipar- lessness, shall submit annually to the Com- revise and extend their remarks and to tisan support for our warriors, those mittees of the Congress specified in sub- add extraneous material on this bill. who are willing to go to distant places section (b), together with the annual reports The SPEAKER pro tempore. Is there and risk their lives such that we may required by such Secretaries under section objection to the request of the gentle- have better lives. 203(c)(1) of the McKinney-Vento Homeless woman from Illinois? Many of them do not return home as Assistance Act (42 U.S.C. 11313(c)(1)), a sup- There was no objection. they left. Many of them find them- plemental report that includes the following Mrs. BIGGERT. Mr. Speaker, I yield selves living on the streets of life. As a information with respect to the preceding myself such time as I may consume. year: Today I rise in support of H.R. 3298, result, we believe it’s necessary for us (1) The same information, for such pre- the Homes for Heroes Act of 2011. to do all that we can to help them se- ceding year, that was included with respect Sadly, approximately one-fifth of our cure the kind of homes, the kind of to 2010 in the report by the Secretary of housing, the kinds of services that they Housing and Urban Development and the country’s homeless population consists of veterans. In part, that’s because re- need so that they can reintegrate Secretary of Veterans Affairs entitled ‘‘Vet- themselves into American life. This erans Homelessness: A Supplemental Report adapting to civilian life is not always to the 2010 Annual Homeless Assessment Re- easy even for some of our country’s bill, the Homes for Heroes bill, will port to Congress’’. true heroes. But research shows that help to some degree with our goals and (2) Information regarding the activities of with a stable living situation, our vet- ambitions of helping them to have a the Department of Housing and Urban Devel- erans are far more likely to overcome place to call home. opment relating to veterans during such pre- The bill does place a person in HUD ceding year, as follows: other challenges. These are men and women who braved bullets and basic whose sole responsibility it will be to (A) The number of veterans provided as- monitor homelessness among our vet- sistance under the housing choice voucher training to protect our country and our program for Veterans Affairs supported freedom. They have the will and the erans. This person is to file an annual housing (VASH) under section 8(o)(19) of the strength to overcome any obstacle, but report with Congress on the status of United States Housing Act of 1937 (42 U.S.C. it is our job to give them the tools. homelessness among the veterans in 1437f(o)(19)), the socioeconomic characteris- That is why it’s essential that HUD this country and to give us some in- tics of such homeless veterans, and the num- and the VA work hand in hand to help sight as to how we are progressing in ber, types, and locations of entities con- our veterans get the housing assistance eliminating and abolishing homeless- tracted under such section to administer the they have earned. ness among our veterans. It’s not going vouchers. to do everything that we need to do, (B) A summary description of the special The Homes for Heroes Act of 2011, of considerations made for veterans under pub- which I’m a cosponsor and which was but it is a step in the right direction. lic housing agency plans submitted pursuant introduced by my colleague from Texas If I may say so, I would like to com- to section 5A of the United States Housing (Mr. AL GREEN) and my colleague from mend HUD for what has been done thus Act of 1937 (42 U.S.C. 1437c–1) and under com- New York (Mr. GRIMM), establishes the far, because there is a person who does prehensive housing affordability strategies position of Special Assistant for Vet- this sort of thing with HUD currently. submitted pursuant to section 105 of the erans Affairs within HUD to effectively But what we’re trying to do now is in- Cranston-Gonzalez National Affordable coordinate services among veterans stitutionalize the position such that Housing Act (42 U.S.C. 12705). administrations may come and go, but (C) A description of the activities of the and to serve as HUD’s liaison to the Special Assistant for Veterans Affairs of the Department of Veterans Affairs’ U.S. the position will still be there, and our Department of Housing and Urban Develop- Interagency Council on Homelessness, veterans will receive the kind of help ment. State and local officials, and nonprofit that they merit and deserve. (D) A description of the efforts of the De- service organizations. Mr. Speaker, in our country in 2009, partment of Housing and Urban Development The bill also requires HUD to submit approximately 136,334 people who self- and the other members of the United States a comprehensive annual report to Con- identified themselves as veterans spent Interagency Council on Homelessness to co- at least one night in an emergency ordinate the delivery of housing and services gress on the housing needs of homeless to veterans. veterans and the steps undertaken by shelter or a transitional-housing pro- (E) The cost to the Department of Housing HUD to meet those needs, and H.R. 3298 gram. That speaks volumes about the and Urban Development of administering the takes these steps within existing budg- amount of work that we have to do. programs and activities relating to veterans. etary constraints at no additional cost While 136,000 may not seem like a lot (F) Any other information that the Sec- to taxpayers. to some people, I contend, if we have retary of Housing and Urban Development Similar to H.R. 403 and H.R. 3329, but one veteran who is finding himself and the Secretary of Veterans Affairs con- which are the Homes for Heroes Acts of or herself in transitional housing or sider relevant in assessing the programs and 2008 and 2009, both of which passed this sleeping in a shelter or sleeping on the activities of the Department of Housing and Urban Development relating to veterans. House, H.R. 3298 has strong bipartisan streets of life, I think we have work to (b) COMMITTEES.—The Committees of the support. Once enacted, this legislation do. This bill will help us with our vet- Congress specified in this subsection are as will help us better understand the erans who are doing this, who are follows: needs of homeless veterans while fos- sleeping in this transitional housing.

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.010 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1555 I would also add that our veterans Clearly something is wrong with our ability ‘‘(vi) The Bureau of Consumer Financial compose about 16 percent of the home- to transition these brave men and women from Protection.’’; and less adults while they are 8 percent of military service to civilian life. (2) in section 18(x) (12 U.S.C. 1828(x))— the American population. They are 8 (A) by inserting ‘‘the Bureau of Consumer Recent circumstances have only served to Financial Protection,’’ before ‘‘any Federal percent of the population, but of those exacerbate these problems. Our new veterans banking agency’’ each place such term ap- who are homeless, they are 16 percent. are returning home from Iraq and Afghanistan pears; and This, of course, is something that we to find an economy with very limited employ- (B) by striking ‘‘such agency’’ each place cannot continue to tolerate. So I’m ment opportunities. While these economic such term appears and inserting ‘‘such Bu- going to beg all of my colleagues: problems are affecting all Americans, veterans reau, agency’’. please, give serious consideration to looking to move from military service to civilian The SPEAKER pro tempore. Pursu- this piece of legislation. It will not life are finding themselves competing with an ant to the rule, the gentlewoman from break the bank. It may not do all that already over-supplied labor market. Illinois (Mrs. BIGGERT) and the gen- we’d like to have done, but it’s a step Furthermore, the extraordinarily long deploy- tleman from Texas (Mr. AL GREEN) in the right direction, and somebody ments that our service members have been each will control 20 minutes. will be helped as a result of what we do facing place an enormous mental strain on our The Chair recognizes the gentle- today. I beg to my colleagues, please new veterans. This burden has made it difficult woman from Illinois. support this legislation. for many to easily transition back into normal GENERAL LEAVE I thank Mrs. BIGGERT for the out- civilian life. Mrs. BIGGERT. Mr. Speaker, I ask standing work that she has done. I In order to combat veteran’s homelessness unanimous consent that all Members again especially thank staffers who this bill would create a Special Assistant for may have 5 legislative days in which to worked with us on this piece of legisla- Veterans Affairs within the Department of revise and extend their remarks and to tion. And I can say candidly, Mr. Housing and Urban Development to co-ordi- add extraneous material on this bill. Speaker, that but for the assistance of nate homeless veteran’s benefits with the VA. The SPEAKER pro tempore. Is there our staffers, we might not be standing In addition, this bill will require HUD to prepare objection to the request of the gentle- here today. They do make a difference. a report to Congress on the progress that has woman from Illinois? And I would have the veterans know been made in ending homelessness amongst There was no objection. that behind every Member, we have our veterans. Mrs. BIGGERT. Mr. Speaker, at this staffers who are working to help them Again, it has been an honor to work on such time, I would like to yield such time as return to our homeland and reintegrate an important piece of legislation and I urge my he may consume to the gentleman them into our society. colleagues to join me in supporting its pas- from Michigan (Mr. HUIZENGA), the I reserve the balance of my time. sage. sponsor of this bill. Mrs. BIGGERT. We have no further The SPEAKER pro tempore. The Mr. HUIZENGA of Michigan. Mr. speakers on this side of the aisle if the question is on the motion offered by Speaker, the Consumer Financial Pro- gentleman would like to close. the gentlewoman from Illinois (Mrs. tection Bureau, a massive new branch Mr. AL GREEN of Texas. I would BIGGERT) that the House suspend the of government created under the Dodd- simply close by saying this: Mr. Speak- rules and pass the bill, H.R. 3298. Frank Act, fails to safeguard propri- er, thank you again for your support of The question was taken. etary information given to the Bureau this legislation. I would hope that my The SPEAKER pro tempore. In the by regulated entities. I rise today in colleagues will give it the kind of con- opinion of the Chair, two-thirds being support of my bill, H.R. 4014, which will sideration that our warriors are giving in the affirmative, the ayes have it. create more peace of mind for financial us when they decide that they’re will- Mrs. BIGGERT. Mr. Speaker, I object institutions while offering more over- ing to go to distant places and make to the vote on the ground that a sight and consumer protections to great sacrifices for us. Please give it quorum is not present and make the hardworking taxpayers. consideration. point of order that a quorum is not If you remember one thing, remem- I yield back the balance of my time. present. ber this: we all agree on stringent con- Mrs. BIGGERT. Mr. Speaker, I would The SPEAKER pro tempore. Pursu- sumer protections. This bill is a com- like to commend the gentleman from ant to clause 8 of rule XX, further pro- monsense measure that adds necessary Texas (Mr. AL GREEN) for all of his ceedings on this question will be post- oversight to the Bureau. Specifically, hard work on this issue. poned. H.R. 4014 would immediately close a It is really nice to have these bills The point of no quorum is considered loophole in the law that was created that are bipartisan in nature, and cer- withdrawn. during the creation of the CFPB. Cur- tainly homelessness is something that rently, information collected by the we all hear about and would like to f CFPB from financial institutions is not find a way to end. There are different b 1550 protected by the same confidentiality provisions that other financial regu- categories in that, and I think the vet- FDIA AMENDMENTS REGARDING lators are required to provide. Addi- erans certainly are very important. DISCLOSURES TO THE BUREAU tionally, we must ensure parity be- With that, I have no further requests OF CONSUMER FINANCIAL PRO- tween State bank supervisors and for time, and I yield back the balance TECTION of my time. other State regulatory agencies that Mr. GRIMM. Mr. Speaker, I rise today to Mrs. BIGGERT. Mr. Speaker, I move oversee nonbanks at the State level speak in support of H.R. 3298, ‘‘The Homes to suspend the rules and pass the bill and make sure they are afforded the for Heroes Act of 2011.’’ (H.R. 4014) to amend the Federal De- same protections. We need a real solu- As a Marine combat veteran, I am strongly posit Insurance Act with respect to in- tion to ensure that privileged informa- committed to assisting our young men and formation provided to the Bureau of tion will not be intentionally disclosed women as they return home from protecting Consumer Financial Protection. to any third party. H.R. 4014 would pro- our freedom overseas. The Clerk read the title of the bill. tect that data that depository and non- I am honored to have been able to work The text of the bill is as follows: depository institutions provide during with my colleague and friend Mr. GREEN of H.R. 4014 an oversight exam, therefore, enhanc- Texas on this legislation. Our veterans have Be it enacted by the Senate and House of ing the Bureau’s supervision process no greater friend in Congress than Mr. GREEN Representatives of the United States of America and giving financial institutions the and I am honored to have had this opportunity in Congress assembled, much-needed certainty that the infor- to join him in fighting for our heroes. SECTION 1. FDIA AMENDMENTS REGARDING DIS- mation will be kept private. Veteran’s homelessness is a serious issue CLOSURES TO THE BUREAU OF CON- Unlike current statutes regarding SUMER FINANCIAL PROTECTION. other Federal agencies assessing rel- and, sadly, one that gets overlooked far too The Federal Deposit Insurance Act (12 often. Currently veterans make up approxi- U.S.C. 1811 et seq.) is amended— evant information, the Dodd-Frank Act mately 8 percent of the U.S. population, how- (1) in section 11(t)(2)(A) (12 U.S.C. failed to provide such protections de- ever they are 17 percent of the homeless pop- 1821(t)(2)(A)), by inserting after clause (v) the spite the CFPB’s claim that they won’t ulation. following: or wouldn’t share such information.

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.020 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1556 CONGRESSIONAL RECORD — HOUSE March 26, 2012 The simple truth is that if we don’t At this time, I will reserve the bal- rules were suspended and the bill was pass H.R. 4014, the CFPB could legally ance of my time. passed. share privileged information with third Mrs. BIGGERT. Mr. Speaker, I yield A motion to reconsider was laid on parties. Absent this specific congres- myself such time as I may consume. the table. sional legislation, the courts have per- I rise in support of H.R. 4014, a bill to f mitted this practice of sharing in the ensure that confidential, private infor- cases of other Federal agencies. Al- mation collected by the Consumer Fi- RECESS nancial Protection Bureau, or CFPB, though the Bureau has said that they The SPEAKER pro tempore. Pursu- are prepared to take all reasonable and remains confidential. Introduced by my colleague from ant to clause 12(a) of rule I, the Chair appropriate steps to protect propri- declares the House in recess subject to etary information, we cannot be sure. Michigan (Mr. HUIZENGA), this legisla- the call of the Chair. Therefore, we must pass this bill to re- tion addresses a crucial oversight with- Accordingly (at 4 o’clock p.m.), the strict them from doing so. in the Dodd-Frank Act. Under current Even President Barack Obama’s ap- law, many supervised institutions have House stood in recess. pointed director of the CFPB, Richard expressed concern that supplying privi- f Cordray, recently testified that this leged information to the CFPB at the was an ‘‘oversight’’ and that he would government’s request could void attor- b 1830 be ‘‘supportive’’ of a legislative solu- ney-client and work product privileges AFTER RECESS tion to ensure privileged information is against third parties. Even the new The recess having expired, the House not leaked to third parties through the CFPB director, Richard Cordray, as CFPB. My bill is that real legislative was talked about, has acknowledged was called to order by the Speaker pro solution. This is a commonsense fix constitutional concerns and indicated tempore (Mrs. HARTZLER) at 6 o’clock that will put an end to the needless un- that he would be supportive of a legis- and 30 minutes p.m. certainty and legal costs to both the lative solution. H.R. 4014 is that solu- f CFPB and to financial institutions. tion. Mr. Speaker, while I believe this Mr. HUIZENGA’s bill makes it explic- ANNOUNCEMENT BY THE SPEAKER issue must and will eventually be ad- itly clear that providing privileged ma- PRO TEMPORE dressed in the Dodd-Frank Act, this is terial to the CFPB does not waive at- The SPEAKER pro tempore. Pursu- a very important step. I urge the swift torney-client or work product privi- ant to clause 8 of rule XX, proceedings adoption of this important legislation leges with respect to third parties. It will resume on questions previously to restore genuine accountability to also guarantees that any privileged postponed. the CFPB and to deliver a more effi- matter that the CFPB shares with Votes will be taken in the following cient and effective government for other Federal agencies will remain order: H.R. 2779, by the yeas and nays; America’s hardworking taxpayers. privileged. H.R. 2682, by the yeas and nays; and I look forward to working with my This bill has earned nearly universal agreeing to the Speaker’s approval of Senate colleagues to see that this support from Republicans, Democrats, the Journal, de novo. omission in the Dodd-Frank Act is regulated institutions, the regulator, The first electronic vote will be con- quickly rectified and sent to the Presi- Senators, and Members of the House. ducted as a 15-minute vote. Remaining dent for his signature. On February 16, our House Financial electronic votes will be conducted as 5- Mr. AL GREEN of Texas. Mr. Speak- Services Committee passed this bill by minute votes. er, I yield myself such time as I may voice vote. consume. Mr. Speaker, this bill should be on f H.R. 4014 is a good piece of legisla- the President’s desk in a matter of TREATMENT OF AFFILIATE tion, and it is designed to protect pro- weeks and not months. Chairman TRANSACTIONS UNDER THE prietary information, which is exceed- JOHNSON and Ranking Member SHELBY DODD-FRANK WALL STREET RE- ingly important in the business world. of the Senate Banking Committee have FORM AND CONSUMER PROTEC- This bill ensures that when an institu- introduced an identical measure, S. TION ACT tion submits confidential information 2099, which also awaits consideration. to the CFPB, the information will re- Passing this legislation today marks The SPEAKER pro tempore. The un- main confidential. This bill is in line an important milestone. It is the first finished business is the vote on the mo- with existing law for other financial time that both House and Senate Mem- tion to suspend the rules and pass the regulators. bers on both sides of the aisle are ac- bill (H.R. 2779) to exempt inter-affiliate We have confirmed that the CFPB be- knowledging and correcting a serious swaps from certain regulatory require- lieves this fix to be acceptable. The bill flaw in the Dodd-Frank Act. ments put in place by the Dodd-Frank is identical to legislation introduced With that, I urge my colleagues to Wall Street Reform and Consumer Pro- by Senate Banking Committee Chair- support H.R. 4014, and I commend Mr. tection Act, as amended, on which the man JOHNSON and Ranking Member HUIZENGA for his hard work on this yeas and nays were ordered. SHELBY. This legislation will give fi- issue. I have no further requests for The Clerk read the title of the bill. nancial institutions legal certainty time, if the gentleman would like to The SPEAKER pro tempore. The when turning over data to the CFPB. close. question is on the motion offered by Mr. Speaker, current law states that Mr. AL GREEN of Texas. Mr. Speak- the gentleman from New Jersey (Mr. a bank does not waive confidentiality er, I have no further requests for time, GARRETT) that the House suspend the and, thereby, should not have to risk and I will simply encourage my col- rules and pass the bill, as amended. its disclosure of information to other leagues to support the legislation. The vote was taken by electronic de- parties. These parties are sometimes I yield back the balance of my time. vice, and there were—yeas 357, nays 36, engaged in litigation against each Mrs. BIGGERT. Mr. Speaker, with not voting 38, as follows: other. This piece of legislation will as- that, I would, again, commend the [Roll No. 127] sure a party that its information given sponsor of this bill, Mr. HUIZENGA. And YEAS—357 to the CFPB will not end up in the I thank Mr. GREEN for managing this Ackerman Barletta Bishop (NY) hands of another party that may be en- bill. Adams Barrow Black gaged in litigation. This is but one ex- With that, I yield back the balance of Aderholt Bartlett Blackburn ample. This bill is designed to protect my time. Alexander Barton (TX) Blumenauer proprietary information. The SPEAKER pro tempore. The Altmire Bass (CA) Bonner Amash Bass (NH) Bono Mack I want to thank my colleague for the question is on the motion offered by Amodei Benishek Boren outstanding job that he has done in the gentlewoman from Illinois (Mrs. Andrews Berg Boswell presenting this piece of legislation. I BIGGERT) that the House suspend the Austria Berkley Boustany thank Mrs. BIGGERT for, again, showing Baca Biggert Brady (PA) rules and pass the bill, H.R. 4014. Bachmann Bilbray Brady (TX) the bipartisanship that has helped us The question was taken; and (two- Bachus Bilirakis Braley (IA) to bring this legislation to the floor. thirds being in the affirmative) the Baldwin Bishop (GA) Brooks

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.023 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1557 Broun (GA) Hall Olson Walberg Webster Woodall Baldwin Fincher Lynch Buchanan Hanabusa Olver Walden West Woolsey Barletta Fitzpatrick Maloney Bucshon Hanna Owens Walsh (IL) Westmoreland Yarmuth Barrow Flake Manzullo Burgess Harper Palazzo Walz (MN) Whitfield Yoder Bartlett Fleischmann Marino Burton (IN) Harris Pallone Wasserman Wilson (FL) Young (AK) Barton (TX) Fleming Matheson Butterfield Hartzler Pastor (AZ) Schultz Wilson (SC) Young (FL) Bass (CA) Fortenberry Matsui Calvert Hastings (FL) Paulsen Waters Wittman Young (IN) Bass (NH) Foxx McCarthy (CA) Camp Hastings (WA) Pearce Watt Wolf Becerra Frank (MA) McCaul Canseco Hayworth Pelosi Waxman Womack Benishek Franks (AZ) McClintock Cantor Heck Pence Berg Frelinghuysen McCollum Capito Hensarling Perlmutter NAYS—36 Berkley Fudge McCotter Capps Herger Peters Becerra Filner Markey Biggert Gallegly McDermott Capuano Herrera Beutler Peterson Berman Garamendi McDermott Bilbray Garamendi McHenry Cardoza Higgins Petri Bonamici Grijalva Miller (NC) Bilirakis Gardner McKeon Carnahan Himes Pitts Cohen Hinchey Nadler Bishop (GA) Garrett McKinley Carney Hinojosa Platts Conyers Hirono Pingree (ME) Bishop (NY) Gerlach McMorris Carson (IN) Hochul Poe (TX) Courtney Holt Sarbanes Black Gibbs Rodgers Carter Holden Polis Davis (IL) Kaptur Schakowsky Blackburn Gibson McNerney Cassidy Honda Pompeo DeFazio Kildee Scott (VA) Blumenauer Gingrey (GA) Meehan Castor (FL) Hoyer Posey DeLauro Kucinich Serrano Bonamici Gohmert Meeks Chabot Huelskamp Price (GA) Deutch Langevin Tierney Bonner Gonzalez Mica Chaffetz Huizenga (MI) Price (NC) Dingell Larson (CT) Vela´ zquez Bono Mack Goodlatte Michaud Chandler Hultgren Quayle Doggett Lee (CA) Welch Boren Gosar Miller (FL) Chu Hunter Quigley NOT VOTING—38 Boswell Gowdy Miller (MI) Cicilline Hurt Rahall Boustany Granger Miller, Gary Clarke (MI) Israel Reed Akin Heinrich Meehan Brady (PA) Graves (GA) Moore Clarke (NY) Issa Rehberg Bishop (UT) Jackson (IL) Neal Brady (TX) Graves (MO) Moran Clay Jenkins Renacci Brown (FL) Jackson Lee Nugent Braley (IA) Green, Al Mulvaney Cleaver Johnson (OH) Ribble Buerkle (TX) Pascrell Brooks Green, Gene Murphy (CT) Clyburn Johnson, E. B. Richardson Campbell Johnson (GA) Paul Broun (GA) Griffin (AR) Murphy (PA) Coble Johnson, Sam Richmond Costa Johnson (IL) Rangel Buchanan Griffith (VA) Myrick Coffman (CO) Jones Rigell Dicks Kelly Reichert Bucshon Grimm Napolitano Cole Jordan Roby Donnelly (IN) Kissell Reyes Burgess Guinta Neugebauer Conaway Keating Roe (TN) Doyle Landry Rivera Burton (IN) Guthrie Noem Connolly (VA) Kind Rogers (AL) Flores Mack Rohrabacher Butterfield Hahn Nunes Cooper King (IA) Rogers (KY) Forbes Marchant Rush Calvert Hall Nunnelee Costello King (NY) Rogers (MI) Gosar McCarthy (NY) Thompson (MS) Camp Hanabusa Olson Cravaack Kingston Rokita Gutierrez McIntyre Towns Canseco Hanna Olver Crawford Kinzinger (IL) Rooney Cantor Harper Owens Crenshaw Kline Ros-Lehtinen b 1856 Capito Harris Palazzo Critz Labrador Roskam Messrs. MARKEY, LANGEVIN, LAR- Capps Hartzler Pallone Crowley Lamborn Ross (AR) Capuano Hastings (FL) Pastor (AZ) Cuellar Lance Ross (FL) SON of Connecticut, MCDERMOTT, Cardoza Hastings (WA) Paulsen Culberson Lankford Rothman (NJ) DEFAZIO, DOGGETT, KILDEE, Carnahan Hayworth Pearce Cummings Larsen (WA) Roybal-Allard COHEN, WELCH, and Ms. LEE of Cali- Carney Heck Pelosi Davis (CA) Latham Royce fornia changed their vote from ‘‘yea’’ Carson (IN) Hensarling Pence Davis (KY) LaTourette Runyan Carter Herger Perlmutter DeGette Latta Ruppersberger to ‘‘nay.’’ Cassidy Herrera Beutler Peters Denham Levin Ryan (OH) Mr. OLVER, Ms. WILSON of Florida, Castor (FL) Higgins Peterson Dent Lewis (CA) Ryan (WI) Ms. CLARKE of New York, and Mr. Chabot Himes Petri DesJarlais Lewis (GA) Sa´ nchez, Linda Chaffetz Hinojosa Pingree (ME) Diaz-Balart Lipinski T. WAXMAN changed their vote from Chandler Hochul Pitts Dold LoBiondo Sanchez, Loretta ‘‘nay’’ to ‘‘yea.’’ Chu Holden Platts Dreier Loebsack Scalise So (two-thirds being in the affirma- Clarke (MI) Holt Poe (TX) Duffy Lofgren, Zoe Schiff tive) the rules were suspended and the Clarke (NY) Honda Polis Duncan (SC) Long Schilling Clay Hoyer Pompeo Duncan (TN) Lowey Schmidt bill, as amended, was passed. Cleaver Huelskamp Posey Edwards Lucas Schock The result of the vote was announced Clyburn Huizenga (MI) Price (GA) Ellison Luetkemeyer Schrader as above recorded. Coble Hultgren Price (NC) Ellmers Luja´ n Schwartz Coffman (CO) Hunter Quayle Emerson Lummis Schweikert A motion to reconsider was laid on Cole Hurt Quigley Engel Lungren, Daniel Scott (SC) the table. Conaway Israel Rahall Eshoo E. Scott, Austin Connolly (VA) Issa Reed Farenthold Lynch Scott, David f Cooper Jenkins Rehberg Farr Maloney Sensenbrenner Costello Johnson (OH) Renacci Fattah Manzullo Sessions BUSINESS RISK MITIGATION AND Courtney Johnson, E. B. Ribble Fincher Marino Sewell PRICE STABILIZATION ACT OF 2012 Cravaack Johnson, Sam Richardson Fitzpatrick Matheson Sherman Crawford Jordan Richmond Flake Matsui Shimkus The SPEAKER pro tempore. The un- Crenshaw Keating Rigell Fleischmann McCarthy (CA) Shuler finished business is the vote on the mo- Critz Kind Roby Fleming McCaul Shuster tion to suspend the rules and pass the Crowley King (IA) Roe (TN) Fortenberry McClintock Simpson bill (H.R. 2682) to provide end user ex- Cuellar King (NY) Rogers (AL) Foxx McCollum Sires Culberson Kingston Rogers (KY) Frank (MA) McCotter Slaughter emptions from certain provisions of the Cummings Kinzinger (IL) Rogers (MI) Franks (AZ) McGovern Smith (NE) Commodity Exchange Act and the Se- Davis (CA) Kline Rokita Frelinghuysen McHenry Smith (NJ) curities Exchange Act of 1934, and for Davis (IL) Labrador Rooney Fudge McKeon Smith (TX) Davis (KY) Lamborn Ros-Lehtinen Gallegly McKinley Smith (WA) other purposes, as amended, on which DeFazio Lance Roskam Gardner McMorris Southerland the yeas and nays were ordered. DeGette Lankford Ross (AR) Garrett Rodgers Speier The Clerk read the title of the bill. DeLauro Larsen (WA) Ross (FL) Gerlach McNerney Stark The SPEAKER pro tempore. The Denham Larson (CT) Rothman (NJ) Gibbs Meeks Stearns Dent Latham Roybal-Allard Gibson Mica Stivers question is on the motion offered by DesJarlais LaTourette Royce Gingrey (GA) Michaud Stutzman the gentleman from New Jersey (Mr. Diaz-Balart Latta Runyan Gohmert Miller (FL) Sullivan GARRETT) that the House suspend the Doggett Levin Ruppersberger Gonzalez Miller (MI) Sutton Dold Lewis (CA) Ryan (OH) Goodlatte Miller, Gary Terry rules and pass the bill, as amended. Dreier Lewis (GA) Ryan (WI) Gowdy Miller, George Thompson (CA) This is a 5-minute vote. Duffy Lipinski Sa´ nchez, Linda Granger Moore Thompson (PA) The vote was taken by electronic de- Duncan (SC) LoBiondo T. Graves (GA) Moran Thornberry vice, and there were—yeas 370, nays 24, Duncan (TN) Loebsack Sanchez, Loretta Graves (MO) Mulvaney Tiberi Edwards Lofgren, Zoe Sarbanes Green, Al Murphy (CT) Tipton not voting 37, as follows: Ellison Long Scalise Green, Gene Murphy (PA) Tonko [Roll No. 128] Ellmers Lowey Schakowsky Griffin (AR) Myrick Tsongas Emerson Lucas Schiff Griffith (VA) Napolitano Turner (NY) YEAS—370 Engel Luetkemeyer Schilling Grimm Neugebauer Turner (OH) Ackerman Altmire Austria Eshoo Luja´ n Schmidt Guinta Noem Upton Adams Amash Baca Farenthold Lummis Schock Guthrie Nunes Van Hollen Aderholt Amodei Bachmann Farr Lungren, Daniel Schrader Hahn Nunnelee Visclosky Alexander Andrews Bachus Fattah E. Schwartz

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.009 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1558 CONGRESSIONAL RECORD — HOUSE March 26, 2012 Schweikert Stivers Wasserman A recorded vote was ordered. Scott (VA) Stearns Watt Scott (SC) Stutzman Schultz Scott, Austin Stivers Waxman Scott (VA) Sullivan Waters The SPEAKER pro tempore. This Scott, David Stutzman Webster Scott, Austin Sutton Watt will be a 5-minute vote. Sensenbrenner Sullivan Welch Scott, David Terry Waxman The vote was taken by electronic de- Serrano Sutton West Sensenbrenner Thompson (CA) Webster vice, and there were—ayes 310, noes 80, Sessions Thompson (PA) Westmoreland Sessions Thompson (PA) Welch Sewell Thornberry Whitfield Sewell Thornberry West answered ‘‘present’’ 4, not voting 37, as Sherman Tiberi Wilson (FL) Sherman Westmoreland Shimkus Tierney Tiberi follows: Wilson (SC) Shimkus Whitfield Shuster Tonko Tipton Wittman Shuler Wilson (FL) [Roll No. 129] Simpson Tsongas Tonko Wolf Shuster Wilson (SC) AYES—310 Sires Turner (NY) Simpson Tsongas Wittman Smith (NE) Turner (OH) Womack Sires Turner (NY) Wolf Ackerman Duffy Lucas Smith (NJ) Upton Woolsey Slaughter Turner (OH) Womack Aderholt Duncan (SC) Luetkemeyer Smith (TX) Van Hollen Yarmuth Smith (NE) Upton Woodall Alexander Duncan (TN) Luja´ n Smith (WA) Walz (MN) Young (FL) Smith (NJ) Van Hollen Woolsey Altmire Edwards Lummis Southerland Wasserman Young (IN) Smith (TX) Visclosky Yarmuth Amodei Ellison Lungren, Daniel Speier Schultz Smith (WA) Walberg Yoder Austria Ellmers E. Southerland Walden Young (AK) Baca Emerson Maloney NOES—80 Speier Walsh (IL) Young (FL) Bachmann Engel Marino Adams Grijalva Poe (TX) Stearns Walz (MN) Young (IN) Bachus Eshoo Matheson Andrews Hanna Quayle Barletta Farenthold Matsui Baldwin Harris Rahall NAYS—24 Barrow Farr McCarthy (CA) Benishek Heck Reed Berman Hinchey McGovern Bartlett Flake McClintock Bishop (NY) Herrera Beutler Renacci Cicilline Hirono Miller (NC) Barton (TX) Fleischmann McCollum Boswell Holden Ribble Cohen Kaptur Miller, George Bass (CA) Fleming McDermott Brady (PA) Honda Rooney Conyers Kildee Nadler Bass (NH) Fortenberry McHenry Burgess Hoyer Ryan (OH) Deutch Kucinich Serrano Becerra Frank (MA) McKeon Capuano Huizenga (MI) Sa´ nchez, Linda Dingell Langevin Stark Berg Franks (AZ) McKinley Castor (FL) Hunter T. Filner Lee (CA) Tierney Berkley Frelinghuysen McMorris Chu Israel Sarbanes Grijalva Markey Vela´ zquez Berman Fudge Rodgers Coffman (CO) Johnson (OH) Schakowsky Biggert Gallegly McNerney Conaway Kucinich Shuler NOT VOTING—37 Bilbray Garamendi Meeks Costello Lee (CA) Slaughter Bilirakis Gerlach Mica Akin Jackson (IL) Neal Cravaack Lewis (GA) Stark Bishop (GA) Gingrey (GA) Michaud Bishop (UT) Jackson Lee Nugent DeFazio LoBiondo Terry Black Gonzalez Miller (FL) Brown (FL) (TX) Dold Lynch Thompson (CA) Pascrell Blackburn Goodlatte Miller (MI) Buerkle Johnson (GA) Fattah Manzullo Tipton Paul Blumenauer Gosar Miller (NC) Campbell Johnson (IL) Filner Markey Vela´ zquez Rangel Bonamici Gowdy Miller, Gary Costa Jones Fincher McCotter Visclosky Reichert Bonner Granger Moore Dicks Kelly Fitzpatrick McGovern Walberg Reyes Bono Mack Graves (GA) Moran Donnelly (IN) Kissell Foxx Meehan Walden Rivera Boren Graves (MO) Mulvaney Doyle Landry Gardner Miller, George Walsh (IL) Rohrabacher Boustany Green, Al Murphy (CT) Flores Mack Garrett Olver Waters Rush Brady (TX) Griffith (VA) Murphy (PA) Forbes Marchant Gibson Pastor (AZ) Woodall Thompson (MS) Braley (IA) Grimm Myrick Gutierrez McCarthy (NY) Green, Gene Peters Yoder Brooks Guinta Nadler Heinrich McIntyre Towns Griffin (AR) Peterson Young (AK) Broun (GA) Guthrie Napolitano b 1903 Buchanan Hahn Neugebauer ANSWERED ‘‘PRESENT’’—4 Bucshon Hall Noem Amash Gohmert Mr. CICILLINE changed his vote Burton (IN) Hanabusa Nunes Conyers Owens from ‘‘yea’’ to ‘‘nay.’’ Butterfield Harper Nunnelee So (two-thirds being in the affirma- Calvert Hartzler Olson NOT VOTING—37 Camp Hastings (FL) Palazzo tive) the rules were suspended and the Akin Jackson (IL) Neal Canseco Hastings (WA) Pallone Bishop (UT) Jackson Lee Nugent Cantor Hayworth Paulsen bill, as amended, was passed. Brown (FL) (TX) Pascrell Capito Hensarling Pearce The result of the vote was announced Buerkle Johnson (GA) Paul Capps Herger Pelosi Campbell Johnson (IL) as above recorded. Cardoza Higgins Pence Rangel A motion to reconsider was laid on Dicks Kelly Reichert Carnahan Himes Perlmutter Donnelly (IN) Kissell the table. Carney Hinchey Petri Reyes Doyle Landry Rivera Carson (IN) Hinojosa Pingree (ME) Flores Mack PERSONAL EXPLANATION Rohrabacher Carter Hirono Pitts Forbes Marchant Rush Mr. AKIN. Madam Speaker, on rollcall Nos. Cassidy Hochul Platts Gibbs McCarthy (NY) Thompson (MS) 127 and 128, I would have voted ‘‘yes.’’ Chabot Holt Polis Gutierrez McCaul Chaffetz Huelskamp Pompeo Towns PERSONAL EXPLANATION Heinrich McIntyre Chandler Hultgren Posey Mr. JOHNSON of Illinois. Madam Speaker, Cicilline Hurt Price (GA) b 1911 Clarke (MI) Issa Price (NC) on Monday, March 26, 2012, I had a pre- Messrs. HANNA and HOYER changed viously scheduled meeting with small business Clarke (NY) Jenkins Quigley Clay Johnson, E. B. Rehberg their vote from ‘‘aye’’ to ‘‘no.’’ owners in Champaign, Illinois. As a result, I Cleaver Johnson, Sam Richardson Mr. TONKO changed his vote from am unable to attend to attend votes this Clyburn Jones Richmond ‘‘no’’ to ‘‘aye.’’ evening. Had I been present, I would have Coble Jordan Rigell Cohen Kaptur Roby So the Journal was approved. voted ‘‘aye’’ on H.R. 2779—To exempt inter- Cole Keating Roe (TN) The result of the vote was announced affiliate swaps from certain regulatory require- Connolly (VA) Kildee Rogers (AL) as above recorded. Cooper Kind Rogers (KY) ments put in place by the Dodd-Frank Wall f Street Reform and Consumer Protection Act; Costa King (IA) Rogers (MI) Courtney King (NY) Rokita REPORT ON RESOLUTION PRO- ‘‘aye’’ on H.R. 2682, the Business Risk Mitiga- Crawford Kingston Ros-Lehtinen tion and Price Stabilization Act of 2011. Crenshaw Kinzinger (IL) Roskam VIDING FOR CONSIDERATION OF Critz Kline Ross (AR) H.R. 3309, FEDERAL COMMUNICA- f Crowley Labrador Ross (FL) TIONS COMMISSION PROCESS RE- THE JOURNAL Cuellar Lamborn Rothman (NJ) FORM ACT OF 2012 Culberson Lance Roybal-Allard The SPEAKER pro tempore. The un- Cummings Langevin Royce Mr. WEBSTER, from the Committee finished business is the question on Davis (CA) Lankford Runyan on Rules, submitted a privileged report Davis (IL) Larsen (WA) Ruppersberger agreeing to the Speaker’s approval of Davis (KY) Larson (CT) Ryan (WI) (Rept. No. 112–422) on the resolution (H. the Journal, which the Chair will put DeGette Latham Sanchez, Loretta Res. 595) providing for consideration of de novo. DeLauro LaTourette Scalise the bill (H.R. 3309) to amend the Com- The question was taken; and the Denham Latta Schiff Dent Levin Schilling munications Act of 1934 to provide for Speaker pro tempore announced that DesJarlais Lewis (CA) Schmidt greater transparency and efficiency in the ayes appeared to have it. Deutch Lipinski Schock the procedures followed by the Federal RECORDED VOTE Diaz-Balart Loebsack Schrader Communications Commission, which Dingell Lofgren, Zoe Schwartz Mr. GARAMENDI. Madam Speaker, I Doggett Long Schweikert was referred to the House Calendar and demand a recorded vote. Dreier Lowey Scott (SC) ordered to be printed.

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.011 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1559 THE CHOICE: LIMITED GOVERN- Mr. THOMPSON of Pennsylvania. Ms. WILSON of Florida. Mr. Speaker, MENT V. UNLIMITED GOVERN- Mr. Speaker, everywhere I go, Ameri- this is Trayvon Martin. MENT cans are feeling the pinch of high gas Trayvon Martin’s murderer is still at (Mr. POE of Texas asked and was prices. In response, the President has large. It’s been 1 month, 30 days with given permission to address the House begun to claim he supports the Repub- no arrest. I want America to see this for 1 minute and to revise and extend licans’ all-of-the-above energy policy. sweet, young boy, who was hunted his remarks.) Although the words sound inclusive, a down like a dog, shot in the street, and Mr. POE of Texas. Mr. Speaker, the glance at the record suggests that his killer is still at large. Founders purposely defined the role of President Obama really means none of Not one person has been arrested in government in the U.S. Constitution to the below. Trayvon’s murder. I want to make sure protect ‘‘We the people’’ from the The policy is none of the below on that America knows that in Sanford, chains of government. Federal lands. On average, the Bush Florida, there was a young boy mur- Today, the United States Supreme and Clinton administrations leased dered. He’s buried in Miami, Florida, Court began 3 days of oral arguments more than 3 million acres for oil and and not one person has been arrested on the nationalized health care law. gas development per year. The Obama even though we all know who the mur- The issue: whether or not the Federal administration has leased less than 2 derer is. Government has the constitutional au- million acres per year. On Federal This was a standard case of racial thority to force citizens to buy govern- lands, oil and gas production was down profiling. No more, no more. We will ment-approved insurance. in the last year. There are now fewer stand for justice for Trayvon Martin. But much more than that is at stake. offshore production facilities in Fed- f Mr. Speaker, if this law stands, it is eral waters than have been for more the end of limited government as we than 50 years. b 1920 know it and the beginning of unlimited Do the President’s policies matter for CONGRESSIONAL BLACK CAUCUS government forced upon the people. gas prices? The Washington Post ar- ALTERNATIVE 2013 BUDGET gues that global oil prices are being Citizens are frightened. The SPEAKER pro tempore (Mr. Our ancestors were forced to pay a driven up by a decline in global supply HARRIS). Under the Speaker’s an- tax on tea, so they threw the British relative to the demand of about a mil- nounced policy of January 5, 2011, the tea in the sea. This nationalized health lion barrels of oil a day. That’s a lot of gentlewoman from the Virgin Islands care law should be thrown into the sea oil. But let’s keep that in perspective. (Mrs. CHRISTENSEN) is recognized for 60 of government oppression. It’s less oil than the Keystone XL pipe- minutes as the designee of the minor- If the Supreme Court upholds this line President Obama blocked could ity leader. law, we will be on a path of return to carry each day to U.S. refineries. General Leave the philosophy of the British Crown, f Mrs. CHRISTENSEN. Mr. Speaker, I where Americans were mere subjects of PROVIDENCE ACADEMY WINS AA would like to ask unanimous consent omnipotent, unlimited government. HOOPS TITLE that all Members may have 5 legisla- Then the constitutional days of limited tive days to revise and extend their re- government will drown in the abyss of (Mr. PAULSEN asked and was given marks and to add any extraneous ma- the sea. permission to address the House for 1 terial on the subject matter of the Spe- And that’s just the way it is. minute and to revise and extend his re- cial Order. f marks.) Mr. PAULSEN. Mr. Speaker, the The SPEAKER pro tempore. Is there TRAYVON MARTIN phrase ‘‘it has never been done before’’ objection to the request of the gentle- (Ms. WILSON of Florida asked and has often been used as a deterrent for woman from the Virgin Islands? was given permission to address the many of the world’s firsts. But thanks There was no objection. House for 1 minute and to revise and to teamwork, discipline, and avid de- Mrs. CHRISTENSEN. Mr. Speaker, extend her remarks.) termination, the Providence Academy soon we will be called upon to vote on Ms. WILSON of Florida. Mr. Speaker, Lions girls’ basketball team won the a budget for 2013. Budgets are supposed today I rise to continue my calls for very first State championship in their to be a statement of our values and our justice in the murder of Trayvon Mar- school’s history. So I want to con- vision, and this is the case with the tin. gratulate Providence and recognize Congressional Black Caucus budget. It has been 30 days since his death, their hard-fought road to victory. The values that we support in our exactly 1 month since the Sanford po- In an incredible game, the Lions budget are American values. As it says lice actually talked to the killer as he erased a second half, seven-point def- in the title, it restores America’s hunted and pursued young Trayvon icit to take the win in the Minnesota promise and invests in our future. with a loaded gun in his pocket. From AA girls’ basketball State champion- And at this time, I would like to every indication and every piece of evi- ship game, proving that it’s not over yield to the person who leads us in de- dence we have, George Zimmerman was until the final whistle blows. veloping the Congressional Black Cau- the aggressor in this case. When asked about the game, it was cus budget and who has done so for sev- This is a classic case of racial team member Mary Ann Healy who re- eral years, one of the senior members profiling. He pursued Trayvon as he marked: ‘‘We all went out there as hard on the Budget Committee, Congress- walked down the sidewalk. The police as we could.’’ man BOBBY SCOTT of Virginia. dispatcher said, Stand down. Leave the Mr. Speaker, these young student Mr. SCOTT of Virginia. I thank the boy alone. And Trayvon ended up dead, athletes truly extol the hard work and gentlelady for yielding. a small 17-year-old from Miami whom poise of champions. On behalf of all Mr. Speaker, we have difficult we all love. Minnesotans, I would like to congratu- choices to make when it comes to ad- This is not a victim we will forget. late the team, congratulate Coach Fin- dressing our budget deficit, but the Re- We will fight. We know who his killer ley, the parents of these athletes, and publican budget makes the wrong is. We will not be quiet. I demand jus- the entire school as you celebrate your choices by deeply cutting vital pro- tice for Trayvon. I demand justice for win. grams like Medicare, Medicaid, edu- Trayvon’s family, and I demand justice f cation, job training, and transpor- for all of America’s murdered children. tation to pay for massive tax cuts that TRAYVON MARTIN f primarily benefit the wealthiest Amer- (Mr. AL GREEN of Texas asked and icans. HIGH GAS PRICES was given permission to address the Our Nation’s communities of color (Mr. THOMPSON of Pennsylvania House for 1 minute and to revise and have been hardest hit by the effects of asked and was given permission to ad- extend his remarks.) the Great Recession, and the Repub- dress the House for 1 minute and to re- Mr. AL GREEN of Texas. I yield to lican budget does little to address the vise and extend his remarks.) my colleague from Florida. priorities of these communities. Even

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.032 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1560 CONGRESSIONAL RECORD — HOUSE March 26, 2012 as our Nation’s economy has created The CBC budget assumes as its base- $10 billion in vital health care pro- nearly 3.9 million private sector jobs line all of the President’s spending and grams, such as community health cen- since February 2010, communities of revenue assumptions. The CBC budget ters. And we create a public health in- color still are experiencing dispropor- then not only extends certain tax cuts surance option under the Affordable tionately higher rates of unemploy- but also pays for all of the tax cuts for Care Act, giving American people a ment, home foreclosure, educational hardworking, middle-class Americans, real choice when the exchanges come disadvantages, and economic hardship. and then it enacts tax reform measures into effect by allowing them to pick, as As a result, vulnerable communities to pay for the extension, raising nearly one of their choices, a public option. are increasingly relying on public pro- $4 trillion in new revenue over the next Adopting a public option has been grams to meet their basic needs. decade. scored as a $100 billion savings over 10 With the passage of the fiscal year We do that by: years because those programs will cost 2011 continuing resolution, then the Reining in Wall Street speculation less. Budget Control Act of 2011 and the fis- with a financial speculation tax that When the dust settles, the CBC budg- cal year 2012 Consolidated Appropria- will raise approximately $840.9 billion et will reduce the deficit by an addi- tions Act, these same vital programs over 10 years; tional $769 billion as compared to the have been slashed and targeted with Ensuring Wall Street bankers pay Republican budget over the next dec- even deeper cuts in the House Repub- the same tax rates as working Ameri- ade. Let me say that again. We will re- lican budget even as tax cuts for the cans by taxing carried interest, divi- duce the deficit by an additional $769 wealthiest Americans are extended dends, and capital gains as ordinary in- billion compared to the Republican without problems. come, which will raise almost $1 tril- budget over the next decade. It is more The Congressional Black Caucus has lion over 10 years; a long history of submitting fiscally fiscally responsible. It addresses the Enacting the Buffett Rule and adding needs of our public, and, therefore, I sound and morally responsible alter- a millionaire surcharge similar to the natives to budgets proposed by both would hope that we would adopt the legislation that was in the House Congressional Black Caucus budget and Democrat and Republican Presidents. version of the Affordable Care Act. The CBC alternative budget for fiscal not the Republican budget that will be That will raise approximately $600 bil- presented on the floor. year 2013 continues that long tradition, lion over 10 years; putting forth a plan that reduces the And I yield back to the gentlelady Closing certain tax loopholes and from the Virgin Islands. deficit over the next decade. It allevi- preferences. There are so many of them ates some of the harm inflicted by the Mrs. CHRISTENSEN. Thank you, that, by closing those loopholes and de- Congressman SCOTT. Thank you for Budget Control Act, and increases eco- ductions, we can raise $1.3 trillion over nomic opportunities and job creation your leadership over all of these years 10 years; and in developing such a responsible budg- by ensuring sustained investments in Ending the mortgage interest deduc- education, job training, transportation, et. The CBC is proud to offer that as an tion for vacation homes and yachts, alternative again this year. infrastructure, and advanced research which will add a few billion dollars and development. The Congressional Now I would like to yield to Con- over 10 years. gresswoman MARCIA FUDGE of Ohio, Black Caucus budget proposes signifi- The bill also protects Social Secu- cant increases in these functions of the who is a member of the Education and rity, Medicare, Medicaid, food assist- the Workforce Committee. She is a budget for fiscal year 2013 to further ance, welfare under TANF, unemploy- accelerate our economic recovery and strong advocate for education and clos- ment insurance, and other vital safety ing the achievement gap and for many ensure a recovery is felt in every cor- net programs that are hit hard by the ner of our Nation. At the same time, of the safety net programs that we pro- Republican budget. tect in this budget. the CBC budget protects and enhances We restore important funding for the social safety net that saved mil- Ms. FUDGE. I would like to thank programs that were cut under the my colleague, Representative lions of families from poverty during Budget Control Act, cancel the seques- the Great Recession. CHRISTENSEN, for her work and con- ter for security and nonsecurity pro- Unlike the proposed Republican tinuing to anchor this CBC hour. I grams, match the Democratic alter- budget, the CBC budget does not sig- think it is very, very important. She is nificantly reduce Medicaid or cut food native budget on defense, and invest very special because she is determined assistance or force seniors to con- another $153 billion over the next dec- to make sure that the United States tribute more of their hard-earned ade in vital programs that will accel- knows that we, the CBC, are fighting money towards their health care ex- erate our economy and support hard- for them every day. And I thank you. penses by dismantling Medicare and working American families. Mr. Speaker, I rise to address the other vital support services. The CBC We do that by increasing the max- devastating impacts that the Repub- budget achieves all of this by making imum Pell Grant by $1,000, to a total of lican budget would have on the middle tough but responsible decisions to pay $6,500. We invest an additional $25 bil- class and American workers, as well as for tax cut extensions by making our lion above the President’s budget in students, seniors, and the poor. tax system fairer, closing corporate education and job training in 2013 A budget, Mr. Speaker, is a reflection loopholes and preferences that have alone. We also continue unemployment of priorities. It exemplifies objectives contributed to the loss of American benefits and provide benefits for those and goals. The Republicans’ priorities jobs. who, through no fault of their own, are clear: cut taxes for the most Deficit reduction and the path of fis- have been unemployed for more than 99 wealthy Americans while achieving cal responsibility must not be on the weeks. We invest an additional $50 bil- deficit reduction through drastic backs of our Nation’s most vulnerable lion in job creating transportation and spending cuts to Medicare, Medicaid, citizens. We cannot win the future by infrastructure programs in 2013, alone, SNAP, and other important programs. leaving our most vulnerable behind. and $155 billion above the President’s The Republican budget would abandon Our success as a Nation is interwoven budget over the next decade. We match the economic recovery we are in and in the success of every community, and the independent budget for Veterans implement policies that ship American this goal is reflected in the Congres- Affairs, as recommended by a coalition jobs overseas. sional Black Caucus alternative budget of veterans’ groups. We invest $12 bil- b 1930 for fiscal year 2013. lion more in advanced research and de- Now let me go through some of the velopment programs like NASA, the It would assume deep cuts in trans- details of the budget, because many of Department of Energy, and the Na- portation spending next year, ignore the budgets that have been presented tional Science Foundation, which will job creation, and reject sensible pro- in the past have missing numbers or create jobs now and in the future. We posals for economic growth and future unspecified cuts or things that you have additional funding for housing, competitiveness. know aren’t going to happen. These are foreclosure assistance, and other im- The Congressional Black Caucus will our recommendations for a budget and portant programs and community de- present a budget this week—thank you where we are on the bottom line. velopment. We provide an additional to my colleague, Mr. SCOTT—that

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.034 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1561 would protect seniors who rely on $130 billion over 10 years and com- munities blighted with high rates of Medicare, the disabled who need Med- pletely eliminate categorical eligi- joblessness, poor-performing schools, icaid, and the unemployed who would bility. SNAP is currently serving 47 poverty, and crime. Indeed, the prom- go hungry without SNAP. It would sup- million people, nearly three-quarters of ise of a new day and new hopes are few port our economy through investment whom are families with children. and far between for poor and low-in- in transportation and infrastructure Throwing people off the rolls would come workers, generally, and returning and would encourage American innova- make it practically impossible for peo- citizens with barriers to employment tion. The Republican budget would re- ple to afford a nutritionally sound diet. in particular. ject investments in innovation by cut- For 2 years in a row, we’ve seen Re- Indeed, over the past decade, the poor ting funding for research and develop- publican priorities in the Republican in America have gotten poorer. And, of ment. It would ignore the benefits of vision for the Nation. Mr. Speaker, the course, the wealthy have gotten these investments on future genera- Republican budget is the wrong plan wealthier. Those called ‘‘middle class’’ tions. for American workers; it is the wrong have been squeezed to the point where Should the Republican budget go into plan for families trying to put food on they’re teetering and certainly could effect, we would miss a great oppor- the table; it is the wrong plan for un- go in either direction, that is, up with tunity to support American innovation employed Americans; the wrong plan the right kinds of opportunities and and to develop emerging technologies for students; and the wrong plan for down with the wrong kinds of opportu- that create the jobs of the future. In seniors. nities. addition, the Republican budget would I urge my colleagues to support the I don’t believe that we can afford in fail our students by proposing drastic budget presented by the Congressional good conscience to continue to turn a cuts that would devastate education Black Caucus and to vote ‘‘no’’ on the blind eye to census figures and month- funding and increase costs for college proposed Republican budget. ly data reports of the economic injus- students. It would allow higher inter- Mrs. CHRISTENSEN. Thank you, tices and suffering being imposed upon est rates on student loans starting this Congresswoman FUDGE, and thank you a growing number of people. Moreover, year and eliminate the income-based for your strong defense of programs for we cannot continue to hold a great Na- repayment plans that help graduates children, for our seniors, and for fami- tion hostage for the sake of a few while manage their loans. lies across this country. millions suffer. If we’re truly going to In contrast to the Republican budget, I would now like to yield such time address the crisis in America and put the CBC budget would increase the as he might consume to Congressman all Americans back to work and reduce maximum Pell Grant by nearly $1,000 DANNY DAVIS, a strong fighter for poverty, we must create a mixture of and invest an additional $25 billion health equity, for justice in our crimi- universal and targeted programs capa- above the President’s budget in edu- nal justice system. He is a valued mem- ble of weathering political obstacles. cation and job training in fiscal year ber of the Ways and Means Committee. The Congressional Black Caucus al- 2013, alleviating State and local edu- Mr. DAVIS of Illinois. First of all, I ternative budget is a means to this cation budget cuts and protecting jobs want to thank the gentlelady from the end. Indeed, the CBC budget safeguards for teachers. Virgin Islands for her leadership in investment in public education, Pell Even the middle class is not spared convening and anchoring these sessions Grants, and transportation vital to from the Republican cuts. The Repub- that we hold each week. I also want to equipping minority youth and adults lican budget would outsource jobs commend and pay tribute to Rep- with skill sets so that they can obtain through tax policies. It would actually resentative BOBBY SCOTT for the tre- and maintain access to gainful sustain- encourage multinational companies to mendous leadership and work that he able employment in our ever-changing ship thousands of jobs overseas while provides each year in helping the Con- global economy; and also by renovating costing the American economy billions gressional Black Caucus analyze, syn- and building new schools and investing of dollars. thesize, and look seriously at how we an additional $50 billion in transpor- By contrast, the CBC budget would move forward as we prepare a budget. tation and infrastructure in 2013 and ensure that Wall Street bankers pay As has already been indicated, budg- $155 billion above the President’s budg- the same tax rates as working Ameri- ets are indications of priorities—what et over the next decade, repairing and cans by taxing carried interest, divi- is it that you’re really hoping to do; building bridges across lakes, rivers, dends, and capital gains as ordinary in- what do you really hope to accomplish. and streams, but also bridges to oppor- come. The CBC budget would close cor- And so this budget I view as a tremen- tunity. porate tax loopholes, adding approxi- dously positive alternative to any of b 1940 mately $1.3 trillion in revenue over 10 our budgets that I have seen at this years. time. So I rise in strong support of the The Congressional Black Caucus Just like last year, the Republican Congressional Black Caucus’ FY 2013 budget protects the health care safety budget would end the Medicare guar- alternative budget. net programs that have been developed. antee and shift costs to seniors. Rather February’s job report reveals 3 It also protects Second Chance funding than having the guaranteed coverage of months of strong jobs growth in Amer- while restoring funding to Department benefits, seniors would receive a vouch- ica. And while there is a sigh of relief of Justice programs for citizens who er. Yet the voucher will not grow as for millions of consumers and the un- are returning home from jail and pris- quickly as health care costs—simply employed moving from the sidelines in on with serious barriers to employ- shift costs on to seniors. As the AARP search of work with hopes that their ment. pointed out: prospects will improve, there is little We hold these truths to be self-evi- The premium support method described in change for the 5.4 million long-term dent that if America is to become the the Republican proposal would likely ‘‘price unemployed, 8.1 million involuntary America that it has never been but the out’’ traditional Medicare as a viable option, part-time workers, and marginally at- America that all of us hope for and thus rendering the choice of traditional tached individuals no longer in the know that it can be, then we would Medicare as a false promise. labor force who wanted and were avail- take the principles encased in the Con- The CBC budget would support our able for work and who looked for a job gressional Black Caucus budget and seniors, working Americans, and the at some point during the last 12 comply those to whatever budgets are middle class. And the CBC budget will months. ultimately passed. reduce the deficit by an additional $3.4 And so it becomes obvious that any So, again, I want to commend Mr. trillion as compared to the President’s budget should have at its core job-cre- SCOTT, and I want to thank Delegate budget over the next decade. ation opportunities so that people can CHRISTENSEN. The Republican budget would repeat experience this opportunity, or this Mrs. CHRISTENSEN. Thank you, last year’s attempts to drastically re- commodity, that we call work. Congressman DAVIS. duce SNAP, formerly known as food Appearances of an economy poised I’d like to just say a few words about stamps, for struggling families. It for growth does little for underserved the Congressional Black Caucus budg- would slash SNAP funding by roughly minorities residing in disinvested com- et. I’m in strong support of this budget.

VerDate Mar 15 2010 04:39 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.036 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1562 CONGRESSIONAL RECORD — HOUSE March 26, 2012 As I said, it’s a responsible budget that to fund NIH at its current level, the Those health provisions, as well as is a statement of our values and prior- Republican Ryan budget would jeop- those in education, in research and in- ities; and as the title says, it restores ardize new research by cutting that novation, and in the protection of the America’s promise to invest in our fu- budget; and that research that would safety net programs and tax fairness, ture. lead to innovations in medicine and those in the CBC budget make it one Our budget, as Congressman SCOTT improve lives would be jeopardized. In that is clearly a statement of our val- said, builds upon the President’s budg- addition, they cut WIC and turn SNAP ues and priorities, a statement of et, and it would ensure that our chil- into a block grant, which weakens America’s values, values that everyone dren, our veterans, and seniors are pro- their ability to help those who increas- in this body should support. tected and adequately taken care of. ingly find themselves food insecure as At this time, I would like to yield We invest in education and health care the gap between the rich and poor has again to our leader on the budget in as well as in research and innovation. widened and incomes have plummeted. the CBC, Congressman BOBBY SCOTT. Our budget provides revenue by enact- And it cuts the Republicans’ favorite Mr. SCOTT of Virginia. I thank the ing tax measures that are fair, that target, the EPA, which would reduce gentlelady from the Virgin Islands for close loopholes, and that protect tax our investments in public health and her very strong statement. cuts for hardworking, middle class harm our ability to protect our public Mr. Speaker, we have tough choices families while protecting vital safety from air and water pollution and land to make; and when we start the discus- nets that help the poor, and it provides contamination. sion with how much people will get in them with stepping stones out of pov- On the other hand, our budget, the tax cuts, you know the rest of the dis- erty. CBC budget, which is always a very re- cussion will not be serious. We have de- Those safety nets that we protect sponsible budget—responsible to the cided if you’re going to have tax cuts, are, for example, Social Security; American people and fiscally respon- if you’re going to extend them, they Medicare; Medicaid—a critical pro- sible while providing more deficit re- have to be paid for. That is the historic gram; the Supplemental Nutrition As- duction than the Republican Ryan contrast between the CBC budget and sistance Program, SNAP; Temporary budget—still makes important invest- the Republican budget. Assistance for Needy Families, TANF; ments that are critical to a strong fu- Now, Mr. Speaker, when people say and many, many others. It does all of ture, including in health care. we have to cut Medicare, they should that while reducing the deficit by an First of all, our budget upholds the look at the Republican budget because additional $3.4 trillion compared to the Affordable Care Act and fully funds it, the only reason you have to cut Medi- President’s budget. but it takes it one step further by cre- Our budget stands as a direct con- care is to fund the tax cuts. If you do ating a public health insurance option trast to the Republican Ryan budget. not extend the tax cuts, you don’t have that by itself saves almost $103 billion The Ryan budget begins at the outset to cut Medicare. When the same budget in health care costs over the next dec- by breaking the hard-fought agreement includes massive tax cuts and cuts in ade. It adds $10 billion to health care on caps set in the Budget Control Act Medicare, people ought to notice that in 2011. If they can’t keep their word on funding in the 2013 budget, and that $10 if you don’t have the tax cuts, you something that they forced an agree- billion more robustly funds the fol- don’t have to cut Medicare. ment on, then what will they keep lowing important programs, such as Now, the Republican budget has vir- their word on? So the Republican budg- the AIDS drug assistance programs, tually dismantled Medicare. It provides et begins across-the-board cuts at 5.4 which have been underfunded for years, a voucher, but I think they like to call percent in 2013. They do not cut any de- causing States to drop persons from it—what?—a premium support some- fense spending, as agreed to in the their rosters with HIV and AIDS or re- thing or other. Basically, you dis- Budget Control Act; but in 2014, they ducing the coverage, reducing the ben- mantle your right to Medicare, and you would reduce those caps 19 percent efits, and causing increasingly long get some money to go see if you can below the agreed-to cap in non-defense waiting lists. It also increases funding buy some insurance in the private mar- spending over 10 years. And I guess for Ryan White, the Minority AIDS Ini- ket. It turns out that the amount of they know that the Supreme Court ar- tiative, and prevention activities for money you’re given—I’ll call it a guments made by those 26 States that HIV, for STDs, for TB, and hepatitis. voucher—will be about $6,000 short of began today against the Affordable Our budget funds the Office of Minor- what you need to get the equivalent of Care Act are not going to win the day, ity Health, which was expanded and Medicare coverage. That’s where the that the Court will uphold the con- strengthened under the Affordable Care savings is. You don’t reduce the cost of stitutionality of the law, and so the Act to improve health equity. We ex- health care; you just shift it over to Republican budget would repeal the Af- pand and pay for oral health programs, the seniors. for health care facilities improvements fordable Care Act. b 1950 Just take a look at what Republicans and construction. We increase funding take out of health care. They would for the maternal and child health in Now, one of the ways they try to con- cut funding for the Indian Health Serv- the Preventive Health Block Grant. We vince people to go along with it is they ice by 19 percent beginning in 2014. fund the Physician-Scientist Training tell people who are paying attention, That would greatly diminish access to program, which brings underrep- those over 55, they say, well, it’s not health care for the American Indians resented minorities into health care going to apply to you. We will continue who already suffer disproportionately careers both in the practice of medi- to plan for about 10 years, and then from many diseases and, as a result, cine, as providers, and in research. We we’ll inflict this scheme on everybody who have a very low life expectancy provide additional funding for sub- else. compared to the white population. stance abuse and mental health serv- Some people over 55 say, well, that’s In the Republican budget, there are ices administration. good, I don’t have to worry about it. cuts to funding for the Centers for And we finally provide adequate Well, actually, people over 55 do have Medicare and Medicaid Services which funding for the National Institute on to worry about it because the people would make it very difficult for that Minority Health and Health Disparities making the promise that you will be agency to meet its responsibilities in at NIH. We also restore funding for the able to have a Cadillac Medicare pro- overseeing these critical programs. REACH program, a very important pro- gram when people coming behind have There are also cuts to the Food and gram that assists racial and ethnic mi- a little motor scooter for their health Drug Administration, which would re- nority communities to develop pro- care, and you think people are going to verse what Democrats were able to do grams and unique approaches to health pay taxes, when they’re going to get a to strengthen protections in food and care just uniquely for those commu- motor scooter, for your Cadillac plan— medicines, and cutting back on those nities. I think the idea that they’re going to programs would put the American pub- We fund many, many other health-re- continue paying those taxes are re- lic at an increased risk. lated programs and services. And still, mote. While in this difficult economic cli- with all of that, we reduce that deficit You have to notice that 10 years from mate the President’s budget managed by $3.4 trillion over the next 10 years. now, when the decision gets made to

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.038 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1563 start to inflict this scheme on the ing out the very important point that, American STEM workforce. The increased younger people, the people who will be in order to keep those tax cuts for the education and participation of this segment of keeping the promise for those over 55 millionaires, those programs that so the workforce is essential to supplying the aren’t the ones that made the promise. many people in this country, the poor American economy with the STEM expertise They will be new representatives who and the middle class, depend on will be the country needs to innovate and remain don’t have any commitment to keeping cut. That’s a tradeoff that this country competitive. that promise. In fact, election after should not be taking and we do not In 2008, the US Census Bureau recorded election, some of the younger people support. African-Americans, Hispanics, and Native may ask, well, are you going to con- So we are very pleased to present our Americans as making up 28.2 percent of the tinue taxing me to support a Medicare budget. As I said, and as Congressman US population, and yet, these groups only rep- program when all I’m going to get is a SCOTT said, this is a very responsible resent a mere 10 percent of the science and voucher? I want to know which one of budget that not only invests in the fu- technology workforce. By the year 2050, mi- the candidates will either cancel the ture and keeps America’s promise to norities are predicted to represent 55 percent Medicare for everybody and have ev- its people, but it saves money, $3.4 tril- of the college population. erybody get this little voucher thing, lion over 10 years to reduce the deficit. As a Caucus we support funding increases or continue the Medicare program for With that, we ask for the support of in programs which broaden participation in the everybody. I want to know if anybody our colleagues, and I yield back the sciences. Low-income and minority commu- up there is going to tax me for a Medi- balance of my time. nities bear a disproportionate share of the na- care program that I’m not going to get. Ms. EDDIE BERNICE JOHNSON of Texas. tional shortfall of highly qualified STEM teach- And after five election cycles, the peo- Mr. Speaker, I rise in support of the Congres- ers. Schools in these areas often lack ade- ple that survive that will be the ones sional Black Caucus (CBC) alternative budget. quate facilities such as science laboratories dealing with the promise that others The CBC Budget proposes an additional and other college preparatory tools that cul- made. $10 billion in funding for general Science, tivate a hands-on, interactive learning environ- I doubt if any of them will be able to Space and Technology activities. Specifically, ment. sustain that kind of pressure. When the this funding will apply towards agencies I over- Of great importance to us are funding and time comes, either everybody will get see as Ranking Member of the Committee, programmatic focus on high-need areas, low- this little voucher thing or everybody such as NASA; the National Science Founda- income populations, and underrepresented will get a Medicare card. The idea that tion and NIST; and to many programs we spe- groups wherever possible. We are pleased some will get a nice, big Medicare cifically authorized in the America COMPETES and supportive of the many provisions within package and everybody else coming be- Act and the America COMPETES Reauthor- the America COMPETES Act Reauthorization hind get a little piece of voucher and ization Act, including Noyce Scholarships; the of 2010 which will result in improving the ef- think that’s going to be sustained for ADVANCE program for women faculty; Grad- fectiveness and impact of activities to broaden any length of time, I think they’ve got uate Research Fellowships; and many other participation across the entire $6 billion in re- another thought coming. important research and STEM education re- So people ought to recognize that search grants at the National Science Founda- lated programs. even those over 55 have to protect tion. However, in order to expand participation The CBC Budget also invests an additional Medicare. And the reason it’s being cut of minorities in the sciences we still have $2 billion towards Energy providing additional is so that millionaires can get their tax some work to do. funding for the Advanced Research Projects cuts. You let those millionaires’ tax We need to strengthen the capacity of com- Agency at the Department of Energy which cuts expire, you don’t have to cut munity colleges in which many of our students also falls under my Committee’s jurisdiction. Medicare. are enrolled. We need to award more grants Now, as the gentlelady from the Vir- We all know that our nation’s future strength directly to Historically Black Colleges and Uni- gin Islands said, we have a responsible is directly dependent upon our commitment to versities (HBCU’s) involved in research col- budget. We name the cuts that are a robust science agenda. As Members of the laborations, enabling these institutions to build made. We name the taxes that will be Congressional Black Caucus, we urge support their research capacity in ways that serve their affected. And you can see exactly what for programs that broaden participation in own faculty and students best. We should pro- we’re doing. Unfortunately, in the Re- science, technology, engineering and mathe- vide more scholarships and other avenues to publican budget, you get these unspec- matics, also called STEM. decrease the financial burden many African ified cuts, 19 percent on average. Well, As we call for increased funding for pro- American students disproportionally face. Fi- you know it’s not going to be on aver- grams which broaden participation for STEM, nally, we need to support programs which will age. It’s not going to be across the we are concerned that the Administration’s lead to more African American teachers and board because some programs won’t be FY2013 budget holds funding for these critical mentors. cut. You’re not going to cut the FBI by programs flat even as other STEM programs Mr. Speaker, as you know my commitment 19 percent. You’re not going to cut grow and new ones are created. We remain to priorities of the Congressional Black Cau- Federal prisons by 19 percent. So all concerned that we still have not actually cus remains strong and as Ranking Member those that you don’t cut you end up moved the needle much in terms of participa- of the Committee on Science, Space and having to double up to meet your num- tion in STEM by underrepresented groups na- Technology I look forward to continuing to ber, you’ve got to double up on the tionwide. work with the Administration to identify solu- next one. Given the low participation by these groups tions to new, or persistent issues that threaten So we have no idea what’s going to in most STEM disciplines, the changing demo- to set our nation back even as we continue to happen, other than all of these kind of graphics of this country are going to catch up look forward to our future. unspecified cuts. And hopefully with us very soon with respect to having a f STEM-skilled workforce for 21st Century jobs. everybody’s thinking, well, that’s not FRESHMAN CLASS ON OBAMACARE going to be my program, that’s not the In some industries we are already seeing a one I depend on, when in fact it might troubling skills gap that will only become The SPEAKER pro tempore. Under not only be 19 percent, it might be 20, worse if we don’t broaden participation in the Speaker’s announced policy of Jan- 30, 40 percent cuts in those programs. STEM by minorities, and women for that mat- uary 5, 2011, the gentleman from New The fact is that the Congressional ter. York (Mr. REED) is recognized for 60 Black Caucus budget is a responsible As the first African American and first fe- minutes as the designee of the major- budget, and it comes in almost $800 bil- male Ranking Member of the Committee on ity leader. lion better on the bottom line than the Science, Space, and Technology, broadening Mr. REED. Mr. Speaker, I rise to- Republican budget that will be the al- participation in STEM remains a top priority of night and am joined down here by ternative. We have shown that you can mine. Broadening participation is not a minor- many of my colleagues as freshman be responsible, you can be compas- ity issue or a gender issue, it is a national Members of the U.S. House of Rep- sionate, and you can be fiscally respon- competitiveness issue we all must work to ad- resentatives to have an open and hon- sible. That’s the Congressional Black dress for our country’s benefit. est conversation with you, Mr. Speak- Caucus budget. The under-representation of women and mi- er, and with all of America to talk Mrs. CHRISTENSEN. Thank you for nority groups in STEM fields is a severe im- about an issue that I believe is timely, summarizing that for us and for point- pediment to the formation of an adequate with the court case that is now pending

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.040 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1564 CONGRESSIONAL RECORD — HOUSE March 26, 2012 in the United States Supreme Court without paying a penalty. However, if great member of the freshman class, dealing with the Affordable Care Act, his bureaucrats don’t approve your Mr. JEFF DUNCAN. otherwise known as ‘‘ObamaCare,’’ oth- plan, you’ll pay a penalty. Mr. Speak- Mr. DUNCAN of South Carolina. I erwise known as many other items, but er, the American people know that’s want to thank the gentleman from New tonight we’ll be referring to it as not a choice. York for his leadership on this issue. ObamaCare or the Affordable Care Act. Two years after this bill was signed I just got a text message a minute To me, Mr. Speaker, it is clear that into law, our worst suspicions are now ago from my wife that said my young- ObamaCare is a legislative act that being confirmed. Thanks to President est son, he’s 11, hit an in-the-park overpromises, overspends, and under- Obama and the Democrats who used home run, and I wasn’t there. I wasn’t performs, all at the expense of hard- their control of Congress, Americans there because we’re here serving in the working taxpayers. The law does little will have higher costs and a reduced United States Congress to try to make to get to the root cause of the problem level of care. America better for my 11-year-old and in health care, and that is escalating The nonpartisan CBO estimates that for children of this generation and fu- cost increases across America. To me, non-employer-sponsored health insur- ture generations. the law is more focused on health in- ance premiums will be 13 percent high- I believe that this particular legisla- surance reform and does not do much er than if this legislation had not been tion that was passed by the last Con- in regards to curving the increasing signed into law, Mr. Speaker. Over 90 gress should be ruled unconstitu- health care costs in America down. percent of seniors will lose their re- tional—for a lot of different reasons. Now, in the House of Representa- tiree prescription drug coverage they And I think my good friend from Flor- tives, we have voted repeatedly to re- currently enjoy, and also be hit with ida (Mr. WEST) is going to talk momen- peal this atrocious law. I believe that double-digit premium increases. The tarily about an article that he wrote, a is the best course of action for many CBO has also noted that the health great op-ed, in a Washington newspaper reasons, and I’m sure we’re going to care law ‘‘may’’ hinder job creation. today. I thought it was spot-on, so I get into those reasons tonight. But to- Now, Mr. Speaker, I believe there’s don’t want to steal his thunder on that. night we are joined by many freshman no doubt this bill kills jobs. In fact, He talks in there about the Inde- colleagues. What I’d like to do at this when you get right down to it, a small pendent Payment Advisory Board, this point in time is yield to my good friend business owner who has more than 50 committee of 15 members that Con- from Georgia (Mr. SCOTT), a great employees is actually going to be en- gress basically divested some of its Member of the freshman class and couraged to terminate the number of power, gave some of its power over to a president of the freshman class, to employees that they have above 50. 15-member panel. offer some comments in regards to the Otherwise, they will be penalized if Now, America needs to realize that same. they do not comply with the law. Now, this 15-member panel will be making Mr. AUSTIN SCOTT of Georgia. think about that, Mr. Speaker: Not decisions, health care decisions for you Thank you very much. only does this law hinder job creation, and your family. If you’re on Medicare, Mr. Speaker, as you know, this week, but it forces employers to get to under this 15-member panel, IPAB, will be the United States Supreme Court the 50-employee threshold so that they making decisions on what they’ll pay began hearing testimony on the con- will not have to deal with the job-kill- for, what treatment you can get, how stitutionality of the President’s health ing bureaucracy that this bill forces long you can stay in a nursing facility care law, a law that, according to a upon them. for rehab, a lot of different things. USA Today poll, 72 percent of Ameri- Since coming to Congress last Janu- We’re divesting responsibility and deci- cans believe is unconstitutional. ary, the House Republican Conference sion-making to a panel. Mr. Speaker, the key question is: If has voted to repeal not only this health This Congress just last week passed the Federal Government can mandate care bill in its entirety but the 1099 the repeal of that Independent Pay- its citizens buy health insurance, then provision, which the President agreed ment Advisory Board, IPAB, as it’s what can they not mandate from Wash- with us on; the CLASS Act, which the known. We sent it to the abyss known ington, D.C., that the American citi- President agreed with us on; and, most as the United States Senate, because zens must buy? recently, the IPAB rules. under that Democrat leadership under Mr. Speaker, the consequences of this HARRY REID, they fail to take good, mandate are severe. If the Supreme b 2000 commonsense legislation up in the Court does not overturn it, what will It’s time for the Senate and Presi- Senate for a vote. the Federal Government allow them- dent Obama to wake up and realize But you know what? The last Con- selves to mandate next? Life insur- what the majority of Americans al- gress that passed what’s now known as ance? Just one word difference, health ready know: The Not So Affordable ObamaCare, the Affordable Care Act, insurance versus life insurance. Bank Care Act is simply bad economic pol- they gave some of their power away to accounts? A red car instead of a blue icy, bad health care policy, and a viola- this board, and anything that board one? Organic apples instead of grapes? tion of our constitutional rights as does becomes law. And the only way President Obama has put America on a American citizens. Congress can overturn that law is with very steep and slippery slope, and Mr. REED. I thank the gentleman a majority vote or a supermajority House Republicans are here to stop from Georgia for joining us this vote in the United States Senate. him. evening. That’s 60 Members that have to vote During his takeover of one-sixth of On the point about small businesses, against something that IPAB does. the economy—and that’s what it’s I would refer to a McKenzie Group re- When I read the United States Con- about, Mr. Speaker, it’s about the fact port that found that more than one- stitution, article I, section 1, it’s at the that this is one-sixth of the economy— half of employers with high awareness very beginning, right after the pre- President Obama stated that if you of the impact of ObamaCare said in the amble, this is what it says: liked your plan, you can keep it. It was poll and in that report that they will All legislative Powers herein granted shall a promise, a pledge he made to the stop offering health coverage when this be vested in a Congress of the United States, American citizens. However, Ameri- becomes fully implemented as a result which shall consist of a Senate and House of cans soon found out, as we know today, of their concern as to the bureaucratic Representatives. exactly what he meant. pressure and the cost that this law is I don’t see in there an Independent Under President Obama’s health care going to put on small business Amer- Payment Advisory Board at all. I see a law, you technically have a choice: You ica. United States Congress made up of a can keep your current plan as he prom- To me, that’s unacceptable. I know it House and a Senate. That’s what the ised, the health insurance plan that is unacceptable to my colleague from United States Supreme Court ought to you chose. And yes, as long as the Georgia, and I so appreciate you enter- rule automatically unconstitutional in President, by his commission of taining some time with us tonight. this bill. unelected bureaucrats, approves your With that, I would like to yield to We can talk about a lot of other purchase, then you can keep the plan my good friend from South Carolina, a things, but that bill was wrong for

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.041 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1565 America. It’s going to cost small busi- Mr. Speaker, I passed two dozen people has no business regulating the campus nesses, it’s going to stymie the econ- who were out jogging or otherwise ex- of high schools and junior high schools. omy, and we may never recover from ercising, and I can’t help but conclude Mr. Speaker, Congress also—and this what’s coming with the full implemen- exercising is a wise idea. But Congress issue is very near and dear to my heart tation of ObamaCare. has not mandated exercise, not yet at because I come from a State that has Mr. REED. I thank the gentleman for least. The week’s not over with yet. struggled mightily with the issue of do- his comments so much because the But so far we have not mandated exer- mestic violence. Independent Payment Advisory Board cise, despite the fact that it is a good b 2010 is a classic example of what is wrong policy. with ObamaCare. What they did in Mr. Speaker, I couldn’t help, in talk- We have struggled mightily with ObamaCare in the last congressional ing to my wife tonight, to be reminded that. session was delegate its authority to 15 that remembering our spouses’ birth- So Congress passed a federalized Vio- unelected bureaucrats. You’re abso- days is also a wise idea. So far, al- lence Against Women Act. In the lutely right. though the week is not over with yet, United States v. Morrison, the Su- And the worst thing about it, to my Congress has not mandated that we re- preme Court said that is a very laud- colleagues and Mr. Speaker, is that 15- member our spouses’ anniversaries. able public policy. But the Commerce member board is not subject to any So, up front, let’s acknowledge Clause of the Constitution does not open law requirements. They don’t there’s a difference between being a give you the power to tell the several have to conduct their hearings in pub- good idea and being a constitutional States how to handle domestic vio- lic. They don’t have to conduct their idea, because, Mr. Speaker, what my lence, and they struck it down. deliberations with public input. It’s 15 question is for Colonel WEST from Flor- So we’ve got to, in this country, unelected bureaucrats that are making ida that I will ask initially rhetori- somehow find a way to separate what fundamental health care decisions that cally, and then I’d like him to answer is good public policy from what is the should be patient-centered relation- it, is: Can Congress make you eat law of the land, because, Mr. Speaker, ships between a patient and a doctor. beets? Because beets are good for you, I will tell you this: if the Supreme But yet, under ObamaCare and the Mr. Speaker. You know that. You’re a Court says that Congress can make you Affordable Care Act, what this Con- physician. What you eat matters. Can purchase a private product like health gress did in the 111th Congress was del- Congress make you eat okra? Can it insurance, then I beg someone to tell egate its authority to 15 bureaucrats to make you eat cabbage? And if not, why me what are the limits to what we can make those life-and-death decisions. not? tell people to do. Mr. DUNCAN of South Carolina. Will If all we’re here to talk about is Can we make them exercise? We all the gentleman yield? whether or not something is a good know that’s good for you. If I’ve got to Mr. REED. I yield to the gentleman. idea and there are no constitutional subsidize the health of people who are Mr. DUNCAN of South Carolina. limits to what Congress can do, then obese or have hypertension, why can’t That’s an interesting point, because my question is: Why not? Why can’t we I make them exercise? Because this is I’m on the Natural Resources Com- just debate this on the basis of public America, and Congress can’t make you mittee. We deal with the EPA and a policy? exercise. They can encourage you to do number of other, what used to be And the answer, Mr. Speaker, is this: it, but they can’t make you do it. known as the MMS, and now BOEMRE, Because we have a Constitution which Congress can’t make you buy dental that makes regulations regarding off- is the supreme law of the land, and the insurance, and Congress can’t make shore drilling, and they can’t do any- Constitution has specific enumerated you buy life insurance, and Congress thing without some public comment powers of what Congress can and, by can’t make you exercise or get out of period. They can’t promulgate a regu- absence, cannot do. And the Commerce the rain when there’s lightning. There lation that isn’t subject to a public Clause says that Congress can regulate are lots of things that we ought to do comment period and an appeal process. commerce among the several States. that Congress can’t make us do. But from what I hear you saying is And that’s what this administration If the Supreme Court says that Con- this 15-member board can pass some- will be arguing this week, that that gress can make you purchase health in- thing in the dark of the night, in the one phrase, that Congress can regulate surance, Mr. Speaker, that is the end of back room, without transparency, commerce among the several States, federalism in this country. There are without public input, without public gives this body the power to force ev- no limits to what this body can make comment period, and it will have the eryone to purchase a private product, its citizens do if this law were upheld. force of law. that being health insurance. I thank the gentleman from New Mr. REED. I so appreciate that com- So my question to you, Mr. Speaker, York, and I thank my other colleagues. ment. is this: If health insurance is a good Mr. REED. I thank the gentleman for With that, at this point in time, I’d idea, how about life insurance? Because coming tonight and sharing the passion like to yield to a great colleague, Mr. heaven knows we don’t need any more of what we’re talking about when we’re TREY GOWDY from South Carolina. Mr. generational debt in this country, Mr. talking about ObamaCare and the con- GOWDY has joined us this evening, and Speaker. It is not fair to pass on debt stitutionality and the concepts of fed- I’m interested in hearing your to subsequent generations. So, before eralism. It reminds me, Mr. Speaker, of thoughts on this topic. this week is done, why don’t we man- over 200 years ago our Founding Fa- Mr. GOWDY. I thank the gentleman date life insurance? thers had the brilliance, the vision, to from New York, and I thank my col- And I’ve seen study after study after recognize that the Federal Government league and friend from South Carolina, study that good oral health is tanta- is a limited Federal Government. The Mr. DUNCAN, my colleague and friend mount to good overall health. So why power of our government rests in the from Georgia, Mr. SCOTT, my colleague don’t we, before the week is over with, people, not in the Federal Government. and friend from the great State of Flor- Mr. Speaker, mandate that everyone The power of our government rep- ida, Colonel WEST, all of whom are ex- must purchase dental insurance? If not, resents in the local and State entities perts, Mr. Speaker, on the policy of why not? that are closest to the people. ObamaCare. Mr. Speaker, as you know, I was a I firmly believe in the 10th Amend- I want to talk to you about some- prosecutor in a former life, so I took ment and believe that the governments thing other than policy. I want to talk great note of two Supreme Court cases, that are closest to the people are the to you about the law. But I’m going to Lopez and Morrison. In Lopez, this best to be in the position to regulate concede up front, Mr. Speaker, that body passed the Gun Free School Zone and govern those people; and we should having health insurance is a wise idea. Act, saying we don’t want guns on jun- respect the U.S. Constitution and the Having health insurance is a really, ior high and high school campuses. And limited powers that are enumerated in really good idea. the Supreme Court of the United here, and recognize—and I hope that Walking over from the Longworth of- States said, that may be a laudatory the United States Supreme Court joins fice building just a few minutes ago, public policy position, but Congress me in that position in recognizing that

VerDate Mar 15 2010 02:23 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.042 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1566 CONGRESSIONAL RECORD — HOUSE March 26, 2012 there are limits to the Federal Govern- assent to their acts of pretended legislation; stringently controlled, bureaucratic ment. The interstate commerce clause for imposing taxes on us without our con- nanny State. has limits, and it’s not open-ended in sent; for taking away our charters, abol- What I find most frightening is that order to force us to purchase health in- ishing our most valuable laws, and altering a portion of our populace willingly fundamentally the forms of our govern- surance for the sake of forcing us to ments. dons these shackles and like lemmings engage in commerce in order to more will march this great constitutional effectively regulate interstate com- That’s why, Mr. Speaker, each and Republic off to its own demise. merce. every day I carry this Declaration of Perhaps some Americans are simply I so agree with the gentleman from Independence and Constitution right unaware of the exorbitant monetary South Carolina. If that is the holding here next to my heart. Because in Jan- cost of this governmental behemoth. of the Court, then the Federal Govern- uary of 2011, Florida Federal District But numbers don’t lie, Mr. Speaker, ment has no bounds. The Federal Gov- Judge C. Roger Vinson ruled the indi- and they are dangerous: $1.76 trillion ernment will control every ounce, vidual mandate unconstitutional, stat- from the American taxpayers to pay every corner of our lives on a day-to- ing ‘‘never before has Congress re- for ObamaCare over 10 years, nearly day basis. quired that everyone buy a product double the $940 billion that was fore- With that, I would like to yield to from a private company essentially for cast when the bill was signed into law. the gentleman from Florida (Mr. life just for being alive and residing in As a previous Speaker said, ‘‘We have the United States.’’ WEST), whom I so enjoy being a col- to pass the bill in order to find out league of here as a freshman Member of If the government has the power to what is in it.’’ the U.S. House of Representatives. compel an otherwise passive individual Fifty-two billion in new taxes on Mr. WEST. I want to thank my col- into a transaction, it is not hyperbolic businesses as employers are forced to to suggest that Congress could do al- league from New York (Mr. REED), and provide health insurance, $47 billion in I want to thank my colleague from most anything it wanted, just as my new taxes on drug companies and med- colleague from South Carolina articu- South Carolina (Mr. GOWDY) and the ical device-makers, costs that will lated so well. previous colleague, Mr. DUNCAN, my surely be passed down to patients, par- freshman class president, my brother Today, this prediction is being at- ticularly our senior citizens. tempted before our very eyes. With from Georgia, and also my colleague b 2020 from the great State of Arkansas (Mr. ObamaCare, insurance companies will be forced even to provide contraceptive GRIFFIN). Families earning more than $250,000 a Mr. Speaker, very simply, the Su- products free of charge. year will see more taxes as ObamaCare preme Court has begun to consider the But, Mr. Speaker, why just contra- adds a new tax to investment income, legality of the Patient Protection and ception? Will the government next including capital gains, dividends, Affordable Care Act, also referred to as force insurance companies to provide rental income, and royalties; 16,000 new ObamaCare. The High Court will pore surgical procedures free of charge? IRS agents; 159 new government agen- over article I, section 8 of the Constitu- Where does it end? Perhaps super- cies and bureaucracies; $575 billion in tion to determine the meaning behind markets will be compelled to offer ap- cuts to Medicare. the words: ples and carrots free of charge to en- Insurance premiums are expected to sure children have access to healthy increase 1.9 percent to 2.3 percent in The Congress shall have power to lay and collect taxes, duties, imposts and excises, to food. 2014 and up to 3.7 percent by 2023 be- pay the debts, and provide for the common Beyond exerting oppressive control cause ObamaCare adds a premium tax defense and general welfare of the United over individuals and private enter- on health insurers offering full cov- States, to regulate commerce with foreign prises, ObamaCare circumvents the erage. nations and among the several States and foundation of our own legislative struc- The Patient Protection and Afford- with Indian tribes. ture. able Care Act is unworkable and des- The 2012 Supreme Court must now At the heart of the Affordable Care tined to fail. One need only look back determine whether the Founders had Act is the Independent Payment Advi- a few years ago to the last Big Govern- any intention of mandating the behav- sory Board, made up of 15 unelected of- ment program with the word ‘‘afford- ior of private enterprises and American ficials appointed by the President to able’’ in it. Our colleague from the citizens. To me, Mr. Speaker, the an- one simple purpose: to reduce Medicare other side, BARNEY FRANK, brought swer is obvious—absolutely not. spending. The IPAB will be tasked with forth the National Affordable Housing Our Nation was founded on the Dec- and given the authority to reduce costs Act, and it, in less than a decade, man- laration of Independence. Freedom of to the government by, among other aged to demolish the housing market, choice and a free market are at the things, limiting reimbursements to weaken financial institutions, and wipe core of our Nation’s soul. A govern- doctors. It doesn’t take a brain sur- out the net worth of millions of Ameri- mental mandate for the behavior of in- geon, Mr. Speaker, to recognize that cans. dividuals and private enterprises is this will lead to more physicians leav- What makes anyone, Mr. Speaker, anathema to what our Founders in- ing the Medicare system, reducing ac- think government intervention in tended. The prospect of having an cess to care for our seniors, and lim- health care will be successful? unelected panel of bureaucrats deter- iting available treatments. ObamaCare is unconstitutional. As a mining fundamental decisions about But this isn’t the most frightening matter of fact, Mr. Speaker, it is anti- our individual health is perhaps the part. Any recommendations that the constitutional. It violates those great, most personal and intimate intrusion IPAB automatically brings forth be- inalienable rights that Thomas Jeffer- into our lives. comes law. The only way around this son said do not come from man, they This concept is absolutely absurd and unprecedented amount of power for come from our Creator—of life, liberty, dangerous law, which surely ranks Washington bureaucrats is an act of and the pursuit of happiness. It vio- with the grievances laid down 236 years Congress with a three-fifths super- lates our individual sovereignty. And ago in the Declaration of Independence. majority in the Senate. In other words, most certainly it is probably one of the Grievances such as: the unelected IPAB, appointed by the most awful pieces of American policy. He has forbidden his governors to pass laws President, essentially becomes its own Mr. Speaker, I pray that after next of immediate and pressing importance unless shadow legislative body. week’s Supreme Court decision—or suspended in their operation until his assent The fundamental structure of our whenever it comes—that this Patient should be obtained, and when so suspended government with three co-equal Protection and Affordable Care Act be- he is utterly neglected to attend to them. branches and a careful system of comes the most short-lived piece of He has erected a multitude of new offices checks and balances is being usurped. legislation in American history. and sent hither swarms of officers to harass our people and eat out their substance. Our freedoms and liberties are being Mr. REED. I thank my colleague He has combined with others to subject us chipped away bit by bit. Our country is from Florida. to a jurisdiction foreign to our Constitution, being transformed step by step, incre- Mr. AUSTIN SCOTT of Georgia. Will and unacknowledged by our laws, giving his mentally, into a centrally planned, the gentleman yield?

VerDate Mar 15 2010 02:43 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.044 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1567 Mr. REED. I yield to the gentleman path of hiring two more individuals. limits on the power of government. If from Georgia. Those are two more families that won’t it does not set limits on the power of Mr. AUSTIN SCOTT of Georgia. be getting a paycheck and putting food government, then what good is it? It’s After listening to my colleague from on their table and having the private not worth the paper it’s written on if it Florida, I’m going to tell you it just capital to put their kids through col- doesn’t set limits on government. drives home the point that power cor- lege because of legislation coming out That’s exactly what it does. That’s why rupts and absolute power corrupts ab- of Washington, D.C. we have a Constitution in the first solutely. Mr. Speaker, we can do better. We place. You’re talking about a panel that will do better. The Founders, the people that start- will have control of roughly one-sixth November 2010, with my freshmen ed this great country, they knew what of the United States economy. That colleagues, was the start of that better government overreach could do. They means more power in Washington. governance for all of America, and I’m knew what government power out of I’m going to tell you, ladies and gen- proud to be a part of this freshman control could do. The Founders were tlemen, whether you’re a Republican or class. very specific in providing limitations a Democrat or an independent, the At this point in time, I would love to on government in this document. more power that rests in this House, yield to a fellow colleague of the fresh- When enumerating the powers of the less liberty you have in your house. men class, Mr. GRIFFIN from Arkansas. Congress, the Constitution clearly pre- We’re here standing up for your per- Mr. GRIFFIN of Arkansas. Thank sents the power to regulate as separate sonal freedom and your individual lib- you. I appreciate it. I appreciate you and distinct from the power to raise erties. We’re working to make sure putting this together. I’m happy to and create. that you get a health care system that come over here to the floor of the Let me tell you a little more about will continue to support you and your House to talk about the unconsti- what I’m talking about here. The issue children. tutionality of ObamaCare. of whether ObamaCare is constitu- We have over 300 children and grand- Before I talk about the Constitution tional or not boils down to the Com- children that we’re the parents and and ObamaCare, I want to make really merce Clause. The Commerce Clause of grandchildren of in the freshmen class, clear to folks who may be joining us the Constitution gives the Federal and that generation is more important tonight that all of us here believe that Government the ability to regulate than the next election. we need serious health care reform in commerce. When setting out the pow- Mr. REED. I thank the gentleman, the United States. We know that we ers, the Constitution clearly talks the president of the freshman class, for need health care reform. There are about the power to regulate as separate that input. many parts of our health care system and distinct from the power to raise What I would like to say in follow-up that we need to reform so that it is and create. to the gentleman from Florida, quoting more efficient and so that we can deal b 2030 the numbers—and the numbers are with the rising costs. We get that. real. Just recently, the CBO, the Con- What we don’t need is the health care Congress, for example, was given the gressional Budget Office, the inde- reform that we got. We are not against power to create money and then regu- pendent bean counter of Washington, health care reform. We are against the late it. Congress was given the power D.C., said that the real price tag under type of health care reform that we to raise an Army and then the power to ObamaCare will be upwards of $1.76 were given with ObamaCare, a govern- regulate it. But that’s not the case trillion over 10 years added to our ment-centered, costly, bureaucratic with commerce. That’s not the case spending in Washington, DC. health care law. with doing business. Congress was only We’re at $15.6 trillion in the hole, and What I favor, and I think a lot of my given the power to regulate commerce, we’re going to add another $1.76 trillion colleagues favor, is a patient-centered not raise it or create it. The power to to that pricetag, to that debt? It’s not health care reform that focuses on in- raise or create it is not there. For sustainable. We have to do better. novation and reducing costs, allowing money in the military, the power to We in the House of Representatives more competition across State lines regulate does not include the power to on the Republican side do have pro- for insurance companies so that they raise; rather, it follows it. posals and solutions that will replace can drive the costs down. We are look- So the bottom line here is, there’s no ObamaCare and go a long way to turn- ing for ways to provide quality care, to power to create commerce, create busi- ing that cost curve and our ever-in- continue to provide quality care to ness transactions where they don’t creasing cost of health care in Amer- Americans while reducing costs. I just exist. As one of the gentlemen that was ica. want to make that really clear. We un- here earlier said, Where does it end? If What I would like to do is go beyond derstand the need for health care re- the Federal Government can make you the numbers. I can tell you from first- form. buy insurance, health insurance, can hand experience—and I know a lot of We also understand the need to re- they make you eat your broccoli? Can my colleagues believe in this just as I form Medicare. We know that we must they make my 2-year-old and 4-year- do. When I go back to my district in reform it to save it. The President’s old eat their broccoli? upstate New York, I go out and I talk health care law, as we’ve heard some I happen to love potato chips. to people on the front line. Just re- others refer to tonight, doesn’t save They’re probably not the best thing for cently in the last month and a half, I Medicare. It makes changes. It takes me. Can you stop me from eating went to a business just north of Cor- $500 billion out of Medicare. He also set them? If I eat too many during a Ra- nell, New York, a small electronics up an independent board, as we’ve zorback game, does the Congress of the company that’s been struggling day heard, that will decide where cuts United States have the power to pay after day, just trying to make ends should be made. say, We’ve got to cut down on the num- meet. Instead of reforming, instead of look- ber of chips people are eating? I say no, It has about 48 employees in his oper- ing for ways to innovate, it just cuts. Congress does not have the power to do ation. As I’m meeting in his office, as Ultimately, it rations Medicare. That’s that. But you know what? A lot of I’m talking to him about the future of what the President’s plan does. folks would say yes, using the same his business, he stated to me that be- We have a better alternative, a pa- reasoning that they believe they can cause of this law, the Affordable Care tient-centered alternative. make you buy health insurance. Act and its 50-employee threshold for We’re here tonight to talk about the And that’s ultimately what this de- the additional bureaucracy and re- law that we have, the law that I and bate is about. Yes, it’s about health quirements and taxes and penalties many of my colleagues voted to repeal, care. It’s about the unconstitutionality that Washington, DC, is putting on and that is what some call ObamaCare, of ObamaCare, but, more broadly, it’s that business if he goes over that 50- the President’s health care law. about the Federal Government reach- employee threshold, he told me to my We first have to start out—we’re ing into your life and telling you how face that he will keep his employee talking about the Constitution—and to live it because the Federal Govern- rolls at 48 and not venture down the recognize that this Constitution sets ment thinks that it knows best. The

VerDate Mar 15 2010 04:39 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.046 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1568 CONGRESSIONAL RECORD — HOUSE March 26, 2012 Federal Government thinks it knows It might be a different debate if this State, in Albany, You’re handcuffed. what you should eat, when you should Federal Government operated effi- You cannot change the level of services eat it, what kind of insurance you ciently and ran everything perfectly, under Medicaid. ought to buy. but we don’t have a track record to And what is it doing to other States, Now, I can’t speak for the Founders, brag on when it comes to managing such as Texas that doesn’t authorize but I’ve got to believe, having read this this sort of thing. all of the authorized programs at the document and many others that were What makes folks think that all the Federal level for Medicaid services? It written around the time of the found- answers are in Washington? Where’s forces them to raise up and maintain ing of this country, I’ve got to believe the evidence of that? I don’t think you their level of services under Medicaid. can point to it. I think the record that they would be outraged, outraged b 2040 if they knew what was going on in shows that when you let States do their name, if they knew that the Fed- what is good for them, in particular, I’ve talked with representatives from eral Government was claiming to have and experiment and innovate, try new Texas and they point to New York the power to do the things that it things, serve as laboratories to learn State and they say New York State claims it has the power to do. the best way forward, that’s what suc- should be the example for which Texas Mr. Speaker, this is a critical week ceeds. The idea that one size fits all should not follow. We should allow the in our history because of the argu- from up here, that’s not patient-cen- States and the elected officials duly ments that are going on at the Su- tered; that’s government-centered. elected to represent the local citizens preme Court, and the decision that Mr. REED. Reclaiming my time, I so in those States the ability and discre- comes out of the Supreme Court on agree with the gentleman from Arkan- tion to tailor what is best for their this issue will be monumental. I would sas, because you are absolutely right. States’ citizens, not have a one-size- As you were expressing yourself to say, for me and the people that I rep- fits-all requirement coming from the Speaker and to this Chamber and resent in Arkansas that I talk with Washington, D.C., like the mainte- to this floor, you made a comment, nance-of-efforts provisions under when I go home, that we believe that that since when does the Federal Gov- this Constitution establishes a limited ObamaCare dictating across the coun- ernment know best? And there are re- try that what’s good in New York is government, and that no matter how peated provisions in the 3,000 pages of you interpret it, you have to agree that good for what’s in California and Texas ObamaCare that clearly show that and everywhere else. Each State is it sets limits, and the Federal Govern- when the 111th Congress passed this ment cannot force you to do whatever unique. legislation, they truly believed that And that is the wisdom and the vi- it wants you to do. the Federal Government, Washington, Mr. REED. I thank the gentleman sion that our Founding Fathers articu- D.C., knew what was best for every in- lated when they recognized the 10th from Arkansas. dividual in America coast to coast, At this point in time, I yield to the Amendment in the United States Con- north to south, east to west. You only stitution and have the Federal Govern- gentleman from Georgia. have to look to the provision that deals Mr. AUSTIN SCOTT of Georgia. I ment be a limited Federal Government, with Medicaid, because we’re talking a that its rights are only those enumer- think the gentleman from Arkansas lot tonight about Medicare and IPAB made a wonderful point, that maybe we ated in the Constitution. And if it isn’t and the provisions of ObamaCare that so enumerated in the Constitution, haven’t made enough and should have deal with that. those powers are retained by the States made more. And that’s the difference But look at the provisions dealing and by the people in those States, not between a recommendation and a deci- with Medicaid and the maintenance of sion. efforts provisions in the law. And what the Federal Government. I again yield to my colleague from Oftentimes, we put together many that says, Madam Speaker, is that on panels of experts to make rec- the day of the effective date of Georgia. Mr. AUSTIN SCOTT of Georgia. As I ommendations to Congress, and then ObamaCare, the States have to main- Congress can decide to take action on tain the same level of service under its listen to you talk about the individual the recommendation or not to take ac- Medicaid program as was in effect on States out there—the 50 individual tion. This bill flips that on its head in the date of the effective date of States—and I’m from Georgia. The Sec- that a panel of unelected people is ObamaCare. ond Amendment is extremely impor- going to be convened that are actually What does that mean, Madam Speak- tant to us in Georgia: the right to keep going to make the decision. They are er? What does that mean to the State and bear arms. We haven’t passed a law taking away the right of the American of New York? Well, the State of New on the House floor and passed by the citizen to make the decision for them- York offers what all of my constituents Senate and signed by the President selves, completely contrary to what in my district know as the Cadillac that says every American must own a has been done in most cases in the plan of Medicaid services. We offer gun, or a firearm, if you want to be past. every authorized program that the proper about it. This isn’t a recommendation, ladies Federal Government allows under Med- Again, it’s those constitutional and gentlemen. This is a decision that icaid. And actually, it’s so well known rights that we as Americans have. It’s is going to be made for you by bureau- that we’re getting influxes of people not for the government. It’s for us as crats in Washington, D.C. And I’m coming to New York State because of individuals. That Constitution guaran- going to tell you now that, just like a the Medicaid medical services that we tees me as a citizen that nobody in lot of Americans—both Republicans provide. Washington can take those things from and Democrats and certainly the Inde- And what is that doing to New York me. Our Forefathers understood, again, pendents—I feel that the people in State? Well, let me tell you. In the that power corrupts and absolute Washington need to mind their own eight counties that I represent, over power corrupts absolutely. They gave business and leave Americans alone. 100 percent of our real property tax us the Constitution. They knew that And that’s the bottom line. People are levy—because we split the Medicaid with the House and the Senate being fed up with it. More power in this share 25 percent/25 percent between the political bodies and with the President House means less personal freedom and State and the local government. So our being a political body that eventually individual liberty in your house. county tax property bill is equivalent something like this would happen in Mr. REED. I thank the gentleman to 100 percent that goes to cover those this country. And so they gave us a from Georgia. Medicaid services for our constituents Court. They gave us a Court with one Mr. GRIFFIN of Arkansas. Will the in those eight counties. That means duty—and that duty is to protect the gentleman yield? that every county tax bill that goes constitutional rights of the United Mr. REED. I yield to the gentleman out, every dollar of that tax levy goes States citizens. And let’s just hope and from Arkansas. to cover the New York State 25 percent pray that the Court does its job and up- Mr. GRIFFIN of Arkansas. I just local share of Medicaid costs. holds our constitutional rights. wanted to comment on something you And what does ObamaCare do? It With that, I will yield the remainder said there. tells our elected officials in New York of any time I have left to my colleague

VerDate Mar 15 2010 02:43 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.048 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1569 from New York. Thank you so much H.R. 886. To require the Secretary of the transmitting the Commission’s final rule — for having us here tonight. Treasury to mint coins in commemoration of Implementation of the Commercial Spec- Mr. REED. I thank the gentleman the 225th anniversary of the establishment of trum Enhancement Act and Modernization from Georgia and for the gentleman’s the Nation’s first Federal law enforcement of the Commission’s Competitive Bidding agency, the United States Marshals Service. Rules and Procedures; Waver of Section time in joining us on the floor of the f 1.2110(b)(3)(iv)(A) of the Commission’s Rules House on this critical issue that we For the Upper 700 MHz Band D Block License face in the U.S. House of Representa- ADJOURNMENT [WT Docket No.: 05-211] received March 2, tives. MR. REED. Madam Speaker, I move 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the What I would like to say in closing, that the House do now adjourn. Committee on Energy and Commerce. Madam Speaker, is that there are 5403. A letter from the Assistant Secretary, The motion was agreed to; accord- Legislative Affairs, Department of State, many problems with the Affordable ingly (at 8 o’clock and 45 minutes transmitting the Department’s final rule — Care Act—there are many problems p.m.), under its previous order, the Amendment to the International Traffic in with ObamaCare—not the least of House adjourned until tomorrow, Tues- Arms Regulations: Haiti (RIN: 1400-AD08) re- which is the constitutionality of that day, March 27, 2012, at 10 a.m. for morn- ceived February 29, 2012, pursuant to 5 U.S.C. law. And let us hope that the United ing-hour debate. 801(a)(1)(A); to the Committee on Foreign Af- fairs. States Supreme Court renders its ver- f dict, and that verdict is just and recog- 5404. A letter from the Director, Office of Congressional Affairs, Nuclear Regulatory nizes that this is an overreach of Fed- EXECUTIVE COMMUNICATIONS, ETC. Commission, transmitting the Commission’s eral power and strikes down this law. final rule — Removal of Oman from the Re- But make no mistake about it, Under clause 2 of rule XIV, executive stricted Destination List [NRC-2011-0264] Madam Speaker, we in the House of communications were taken from the (RIN: 3150-AJ06) received March 2, 2012, pur- Representatives recognize that there is Speaker’s table and referred as follows: suant to 5 U.S.C. 801(a)(1)(A); to the Com- a problem with health care in America, 5397. A letter from the Associate General mittee on Foreign Affairs. 5405. A letter from the Chief Acquisition and those ever-increasing costs that Counsel for Legislation and Regulations, De- partment of Housing and Urban Develop- Officer, General Services Administration, burden Americans across the Nation transmitting the Administration’s final rule need to be dealt with. But the solu- ment, transmitting the Department’s final rule — Federal Housing Administration — Federal Acquisition Regulation; Federal tions—and I know we’ll have this con- (FHA): Suspension of Section 238(c) Single- Acquisition Circular 2005-57; Small Entity versation on another night, Madam Family Mortgage Insurance in Military Im- Compliance Guide [Docket: FAR 2012-0081, Speaker—but the solutions that we pacted Areas [Docket No.: FR-5461-F-02] Sequence 2] received March 7, 2012, pursuant come up with must be based from the (RIN: 2502-AJ01) received March 1, 2012, pur- to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- Oversight and Government Reform. patient’s point of view, from the indi- 5406. A letter from the Chief Acquisition mittee on Financial Services. vidual’s point of view, from the patient Officer, General Services Administration, 5398. A letter from the Associate General and the doctor’s relationship, not from transmitting the Administration’s final rule Counsel for Legislation and Regulations, De- — Federal Acquisition Regulation; Federal the perspective of Washington bureau- partment of Education, transmitting the De- Acquisition Circular 2005-56; Introduction crats, not from the perspective of a partment’s final rule — National Institute [Docket FAR 2012-0080, Sequence 1] received hospital administrator, but from the on Disability and Rehabilitation Research-- February 29, 2012, pursuant to 5 U.S.C. private relationship between patients Disability and Rehabilitation Research 801(a)(1)(A); to the Committee on Oversight Projects and Centers Program-Disability and and doctors. And I believe if we whole- and Government Reform. heartedly agree to that principle, we Rehabilitation Research Project--Center on 5407. A letter from the Chief Acquisition will solve this problem. But in the end, Knowledge Translation for Disability and Officer, General Services Administration, ObamaCare—the Affordable Care Act— Rehabilitation Research Catalog of Federal transmitting the Administration’s final rule Domestic Assistance (CFDA) Number: does not accomplish the mission and — Federal Acquisition Regulation; Federal 84.133A-13 received February 29, 2012, pursu- Acquisition Circular 2005-56; Small Entity needs to be repealed. And we’ll stand ant to 5 U.S.C. 801(a)(1)(A); to the Committee for the repeal today and tomorrow. Compliance Guide [Docket FAR 2011-0081, Se- on Education and the Workforce. quence 1] received February 29, 2012, pursu- With that, Madam Speaker, I yield 5399. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee back the balance of my time. for Employment and Training, Department on Oversight and Government Reform. of Labor, transmitting the Department’s f 5408. A letter from the Acting Director, Of- final rule — YouthBuild Program (RIN: 1205- fice of Sustainable Fisheries, NMFS, Na- LEAVE OF ABSENCE AB49) recieved February 17, 2012, pursuant to tional Oceanic and Atmospheric Administra- By unanimous consent, leave of ab- 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final Education and the Workforce. sence was granted to: rule — Fisheries of the Exclusive Economic 5400. A letter from the Deputy Assistant Zone Off Alaska; Pacific Cod by Non-Amer- Ms. BROWN of Florida (at the request Administrator, Office of Diversion Control, ican Fisheries Act Crab Vessels Operating as of Ms. PELOSI) for today on account of Department of Justice, transmitting the De- Catcher/Processors Using Pot Gear in the an event in the district. partment’s final rule — Schedules of Con- Western Regulatory Area of the Gulf of Alas- Mr. JACKSON of Illinois (at the re- trolled Substances: Extension of Temporary ka [Docket No.: 101126522-0640-02] (RIN: 0648- quest of Ms. PELOSI) for today and the Place of Five Synthetic Cannabinoids Into XA956) received March 1, 2012, pursuant to 5 balance of the week. Schedule I of the Controlled Substances Act U.S.C. 801(a)(1)(A); to the Committee on Nat- [Docket No.: DEA-345] received March 1, 2012, Ms. JACKSON LEE of Texas (at the re- ural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5409. A letter from the National Oceanic quest of Ms. PELOSI) for today. mittee on Energy and Commerce. and Atmospheric Administration, transmit- f 5401. A letter from the Deputy Bureau ting the Administration’s final rule — En- Chief, Wireline Competition Bureau, Federal BILLS PRESENTED TO THE dangered and Threatened Wildlife and Communications Commission, transmitting Plants; Final Listing Determinations for PRESIDENT the Commission’s final rule — Connect Two Distinct Populations Segments of At- Karen L. Haas, Clerk of the House, America Fund; A National Broadband Plan lantic Sturgeon (Acipenser oxyrinchus reported that on March 22, 2012, she for Our Future; Establishing Just and Rea- oxyrinchus) in the Southeast [Docket No.: presented to the President of the sonable Rates for Local Exchange Carriers; 090219208-1762-02] (RIN: 0648-XN50) received High-Cost Universal Service Support; Devel- February 13, 2012, pursuant to 5 U.S.C. United States, for his approval, the fol- oping a Unified Intercarrier Compensation 801(a)(1)(A); to the Committee on Natural lowing bill: Regime; Federal-State Joint Board on Uni- Resources. H.R. 473. To provide for the conveyance of versal Service; Lifeline and Link-Up; Uni- 5410. A letter from the National Oceanic approximately 140 acres of land in the versal Service Reform — Mobility Fund [WC and Atmospheric Administration, transmit- Ouachita National Forest in Oklahoma to Docket No.: 10-90; GN Docket No.: 09-51; WC ting the Administration’s final rule — En- the Indian Nations Council, Inc., of the Boy Docket No.: 07-135; WC Docket No.: 05-337; CC dangered and Threatened Wildlife and Scouts of America, and for other purposes. Docket No.: 01-92; CC Docket No.: 96-45; WC Plants; Threatened and Endangered Status Karen L. Haas, Clerk of the House, Docket No.: 03-109; WT Docket No.: 10-208] re- for Distinct Population Segments of Atlantic Sturgeon in the Northeast Region [Docket further reported that on March 23, 2012, ceived March 5, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and No.: 100903414-1762-02] (RIN: 0648-XJ00) re- she presented to the President of the Commerce. ceived February 13, 2012, pursuant to 5 U.S.C. United States, for his approval, the fol- 5402. A letter from the Associate Bureau 801(a)(1)(A); to the Committee on Natural lowing bill: Chief, Federal Communications Commission, Resources.

VerDate Mar 15 2010 02:43 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MR7.050 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1570 CONGRESSIONAL RECORD — HOUSE March 26, 2012 5411. A letter from the Acting Deputy As- the Department’s final rule -Airworthiness Resolution establishing the budget for the sistant Administrator For Regulatory Pro- Directives; Pratt & Whitney Canada Turbo- United States Government for fiscal year grams, NMFS, National Oceanic and Atmos- prop Engines [Docket No.: FAA-2011-1298; Di- 2013 and setting forth appropriate budgetary pheric Administration, transmitting the Ad- rectorate Identifier 2011-NE-39-AD; Amend- levels for fiscal years 2014 through 2022 ministration’s final rule — Fisheries of the ment 39-16888; AD 2011-25-12] (RIN: 2120-AA64) (Rept. 112–421). Referred to the Committee of Caribbean, Gulf of Mexico, and South Atlan- received February 11, 2012, pursuant to 5 the Whole House on the state of the Union. tic; Reef Fish Fishery of the Gulf of Mexico; U.S.C. 801(a)(1)(A); to the Committee on [Submitted March 26, 2012] Amendment 32 [Docket No.: 100217095-2081-04] Transportation and Infrastructure. Mr. WEBSTER: Committee on Rules. (RIN: 0648-AY56) received March 2, 2012, pur- 5420. A letter from the Program Analyst, House Resolution 595. Resolution providing suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting for consideration of the bill (H.R. 3309) to mittee on Natural Resources. the Department’s final rule — Airworthiness amend the Communications Act of 1934 to 5412. A letter from the Acting Director, Of- Directives; Bombardier, Inc. Airplanes provide for greater transparency and effi- fice of Sustainable Fisheries, NMFS, Na- [Docket No.: FAA-2012-0037; Directorate ciency in the procedures followed by the Fed- tional Oceanic and Atmospheric Administra- Identifier 2012-NM-003-AD; Amendment 39- eral Communications Commission (Rept. tion, transmitting the Administration’s final 16935; AD 2012-02-12] (RIN: 2120-AA64) received 112–422). Referred to the House Calendar. rule — Fisheries of the Exclusive Economic February 11, 2012, pursuant to 5 U.S.C. f Zone Off Alaska; Reallocation of Pacific Cod 801(a)(1)(A); to the Committee on Transpor- in the Bering Sea and Aleutian Islands Man- tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS agement Area [Docket No.: 101126521-0640-02] 5421. A letter from the Program Analyst, Under clause 2 of rule XII, public (RIN: 0648-XA987) received March 2, 2012, pur- Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Airworthiness bills and resolutions of the following mittee on Natural Resources. Directives; Eurocopter France Helicopters titles were introduced and severally re- 5413. A letter from the Acting Director, Of- [Docket No.: FAA-2012-0005; Directorate ferred, as follows: fice of Sustainable Fisheries, NMFS, Na- Identifier 2010-SW-091-AD; Amendment 39- By Mr. MULVANEY (for himself, Mr. tional Oceanic and Atmospheric Administra- 16914; AD 2012-01-03] (RIN: 2120-AA64) received SCHWEIKERT, Mr. JONES, Mr. QUAYLE, tion, transmitting the Administration’s final February 11, 2012, pursuant to 5 U.S.C. Mrs. MYRICK, Mr. COFFMAN of Colo- rule — Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Transpor- rado, Mr. GARDNER, Mr. PENCE, Mr. Zone Off Alaska; Pacific Cod by Vessels tation and Infrastructure. GRAVES of Missouri, Mrs. HARTZLER, Using Pot Gear in the Central Regulatory 5422. A letter from the Program Analyst, Mr. ROSS of Arkansas, Mr. BURTON of Area of the Gulf of Alaska [Docket No.: Department of Transportation, transmitting Indiana, Mr. GOWDY, Mr. WILSON of 101126522-0640-2] (RIN: 0648-XA922) received the Department’s final rule — Airworthiness South Carolina, Mr. CAMPBELL, Mr. March 2, 2012, pursuant to 5 U.S.C. Directives; Eurocopter France Helicopters LATTA, Mr. AMODEI, Mr. BERG, Mr. 801(a)(1)(A); to the Committee on Natural [Docket No.: FAA-2012-0086; Directorate RIBBLE, Mr. KELLY, Mr. HARRIS, Mr. Resources. Identifier 2011-SW-045-AD; Amendment 39- LONG, Mr. CARTER, Mr. PAUL, Mr. 5414. A letter from the Acting Deputy As- 16936; AD 2012-02-13] (RIN: 2120-AA64) received POSEY, Mr. FLAKE, and Mr. LAM- sistant Administrator for Regulatory Pro- February 11, 2012, pursuant to 5 U.S.C. BORN): grams, NMFS, National Oceanic and Atmos- 801(a)(1)(A); to the Committee on Transpor- H.R. 4256. A bill to direct the Attorney pheric Administration, transmitting the Ad- tation and Infrastructure. General to revise certain rules under titles II ministration’s final rule — Western Pacific 5423. A letter from the Director of Regula- and III of the Americans with Disabilities Fisheries; 2012 Annual Catch Limits and Ac- tion Policy and Management, Office of the Act of 1990 relating to accessible means of countability Measures [Docket No.: General Counsel, Department of Veterans Af- entry to pools; to the Committee on the Ju- 110826540-2069-02] (RIN: 0648-XA674) received fairs, transmitting the Department’s final diciary. March 5, 2012, pursuant to 5 U.S.C. rule — Due Date of Initial Application Re- By Mr. ISSA (for himself and Mr. CUM- 801(a)(1)(A); to the Committee on Natural quirements for State Home Construction MINGS): Resources. Grants (RIN: 2900-AN77) received February H.R. 4257. A bill to amend chapter 35 of 5415. A letter from the Program Analyst, 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to title 44, United States Code, to revise re- Department of Transportation, transmitting the Committee on Veterans’ Affairs. quirements relating to Federal information the Department’s final rule — Airworthiness 5424. A letter from the Director of Regula- security, and for other purposes; to the Com- Directives; The Boeing Company Airplanes tion Policy and Management, Office of the mittee on Oversight and Government Re- [Docket No.: FAA-2008-0415; Directorate General Counsel, Department of Veterans Af- form. Identifier 2007-NM-256-AD; Amendment 39- fairs, transmitting the Department’s final By Mr. MCDERMOTT: 16904; AD 2011-27-03] (RIN: 2120-AA64) received rule — Drug and Drug-Related Supply Pro- H.R. 4258. A bill to ensure free, fair, and February 11, 2012, pursuant to 5 U.S.C. motion by Pharmaceutical Company Rep- competitive elections in the Republic of 801(a)(1)(A); to the Committee on Transpor- resentatives at VA Facilities (RIN: 2900- Georgia; to the Committee on Foreign Af- tation and Infrastructure. AN24) received March 2, 2012, pursuant to 5 fairs. 5416. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Vet- By Mr. LANKFORD (for himself, Mr. Department of Transportation, transmitting erans’ Affairs. ISSA, Mr. CUMMINGS, Mr. CONNOLLY of the Department’s final rule — Airworthiness 5425. A letter from the Chief, Publications Virginia, and Mr. SMITH of New Jer- Directives; SOCATA Airplanes [Docket No.: and Regulations Branch, Internal Revenue sey): FAA-2011-1139; Directorate Identifier 2011- Service, transmitting the Service’s final rule H.R. 4259. A bill to prevent human traf- CE-021-AD; Amendment 39-16911; AD 2011-27- — Public Inspection of Material Relating to ficking in government contracting; to the 09] (RIN: 2120-AA64) received February 11, Tax-Exempt Organizations [TD 9581] (RIN: Committee on Foreign Affairs, and in addi- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1545-BG60) received February 29, 2012, pursu- tion to the Committee on the Judiciary, for Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee a period to be subsequently determined by structure. on Ways and Means. the Speaker, in each case for consideration 5417. A letter from the Program Analyst, 5426. A letter from the Chief, Publications of such provisions as fall within the jurisdic- Department of Transportation, transmitting and Regulations Branch, Internal Revenue tion of the committee concerned. the Department’s final rule — Airworthiness Service, transmitting the Service’s final rule By Ms. CLARKE of New York: Directives; Schempp-Hirth Flugzeubau — Annual price inflation adjustments for H.R. 4260. A bill to amend the Internal Rev- GmbH Gliders [Docket No.: FAA-2011-1155; passenger automobiles first placed in service enue Code of 1986 to allow an income dis- Directorate Identifier 2011-CE-032-AD; or leased in 2012 (Rev. Proc. 2012-23) received parity tax credit; to the Committee on Ways Amendment 39-16913; AD 2012-01-02] (RIN: March 5, 2012, pursuant to 5 U.S.C. and Means. 2120-AA64) received February 11, 2012, pursu- 801(a)(1)(A); to the Committee on Ways and By Mr. ISRAEL: ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 4261. A bill to direct the Secretary of Means. on Transportation and Infrastructure. Labor to establish a competitive grant pro- 5418. A letter from the Program Analyst, f gram for community colleges to train vet- Department of Transportation, transmitting REPORTS OF COMMITTEES ON erans for local jobs; to the Committee on the Department’s final rule — Airworthiness PUBLIC BILLS AND RESOLUTIONS Veterans’ Affairs. Directives; BRP--POWERTRAIN GMBH & CO By Mr. PALLONE (for himself and Mr. KG Rotax Reciprocating Engines [Docket Under clause 2 of rule XIII, reports of DINGELL): No.: FAA-2011-1022; Directorate Identifier committees were delivered to the Clerk H.R. 4262. A bill to amend the Federal 2011-NE-20-AD; Amendment 39-16919; AD 2012- for printing and reference to the proper Food, Drug, and Cosmetic Act to improve 01-07] (RIN: 2120-AA64) received February 11, calendar, as follows: the safety of cosmetics; to the Committee on 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Energy and Commerce. Committee on Transportation and Infra- [The following action occurred on March 23, By Mr. FRANKS of Arizona (for him- structure. 2012] self and Mr. COSTA): 5419. A letter from the Program Analyst, Mr. RYAN of Wisconsin: Committee on the H.J. Res. 106. A joint resolution proposing Department of Transportation, transmitting Budget. House Concurrent Resolution 112. an amendment to the Constitution of the

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United States to protect the rights of crime Congress has the power to enact this legis- H.R. 2310: Mr. SMITH of Washington. victims; to the Committee on the Judiciary. lation pursuant to the following: H.R. 2346: Mr. CARNAHAN. By Mr. GARRETT: Article I, Section 8, Clause 1 of the Con- H.R. 2529: Mr. GOSAR. H. Con. Res. 113. Concurrent resolution es- stitution H.R. 2569: Mr. CROWLEY and Mr. CLARKE of tablishing the budget for the United States By Mr. ISRAEL: Michigan. Government for fiscal year 2013 and setting H.R. 4261. H.R. 2607: Mr. MORAN and Mr. ELLISON. forth appropriate budgetary levels for fiscal Congress has the power to enact this legis- H.R. 2679: Mr. DINGELL and Mr. THOMPSON year 2012 and fiscal years 2014 through 2022; lation pursuant to the following: of California. to the Committee on the Budget. Article I, Section 8, Clause 3. H.R. 2696: Ms. BONAMICI. By Mr. MCCAUL (for himself and Mr. By Mr. PALLONE: H.R. 2721: Mr. RICHMOND, Mr. LEWIS of LANGEVIN): H.R. 4262. Georgia, Ms. LEE of California, Mrs. H. Con. Res. 114. Concurrent resolution ex- Congress has the power to enact this legis- CHRISTENSEN, MS. JACKSON LEE of Texas, Mr. pressing the sense of Congress that the lation pursuant to the following: DAVIS of Illinois, Ms. RICHARDSON, Mr. RUSH, United States should preserve, enhance, and section 8 of article I of the Constitution. Ms. HIRONO, Mr. STARK, Ms. NORTON, Mr. increase access to an open, global Internet; By Mr. FRANKS of Arizona: JACKSON of Illinois, Mr. TOWNS, Ms. EDDIE to the Committee on Foreign Affairs. H.J. Res. 106. BERNICE JOHNSON of Texas, Ms. EDWARDS, Mr. CUMMINGS, Mr. TIERNEY, Mr. SHERMAN, f Congress has the power to enact this legis- lation pursuant to the following: Mr. CONNOLLY of Virginia, Ms. FUDGE, Mr. CONSTITUTIONAL AUTHORITY The Victims’ Rights Amendment is intro- GARAMENDI, Ms. WATERS, Ms. DEGETTE, Ms. STATEMENT duced pursuant to Article V: ‘‘The Congress, MOORE, Mr. CLARKE of Michigan, Mr. MEEKS, whenever two thirds of both Houses shall Ms. CHU, Mr. DOYLE, Mr. COHEN, and Ms. SE- Pursuant to clause 7 of rule XII of WELL. the Rules of the House of Representa- deem it necessary, shall propose Amend- ments to this Constitution . . .’’ H.R. 2733: Mr. BRALEY of Iowa and Mr. tives, the following statements are sub- LATHAM. f mitted regarding the specific powers H.R. 2755: Mr. DEUTCH. granted to Congress in the Constitu- ADDITIONAL SPONSORS H.R. 2795: Mr. GRIJALVA. tion to enact the accompanying bill or H.R. 2827: Mr. AMODEI, Mr. BOREN, Mr. Under clause 7 of rule XII, sponsors LANCE, and Mr. WALSH of Illinois. joint resolution. were added to public bills and resolu- H.R. 2866: Mr. RUNYAN and Mr. SMITH of By Mr. MULVANEY: tions as follows: New Jersey. H.R. 4256. H.R. 9: Mrs. MYRICK, Mr. AKIN, Ms. H.R. 3001: Mr. RYAN of Ohio, Mr. GIBSON, Congress has the power to enact this legis- GRANGER, Mr. RIVERA, Mr. GALLEGLY, Mr. Mr. FINCHER, Mr. CRENSHAW, Mr. BILBRAY, lation pursuant to the following: KINZINGER of Illinois, Mr. KLINE, Mr. MICA, Mr. COLE, Mr. BACHUS, Mr. BUCHANAN, Mr. Article I, Section 8, Clause 18. ‘‘To make HARPER, Mr. AUSTRIA, Mr. WITTMAN, Mr. all Laws which shall be necessary and proper Mrs. NOEM, Mr. AUSTRIA, Mr. CANSECO, and Mr. WALDEN. MARCHANT, Mrs. BLACKBURN, Mr. FLEMING, for carrying into Execution the foregoing Mrs. HARTZLER, Mr. QUAYLE, Mr. MCHENRY, Powers, and all other Powers vested by this H.R. 14: Mr. HIMES, Mr. DEUTCH, Ms. ESHOO, Ms. BONAMICI, Mrs. MCCARTHY of New York, Mr. TURNER of New York, Mr. KING of New Constitution in the Government of the York, Mr. FALEOMAVAEGA, Ms. BUERKLE, Mr. United States, or in any Department or Offi- Ms. FUDGE, Mr. MCDERMOTT, Ms. BASS of California, and Mr. HINCHEY. LANGEVIN, Ms. NORTON, Mr. LANCE, Ms. cer thereof.’’ MCCOLLUM, Mr. SHIMKUS, and Mr. JOHNSON of Article I, Section 8, Clause 3. ‘‘To regulate H.R. 178: Mr. AL GREEN of Texas, Mr. AUS- TRIA, and Ms. KAPTUR. Illinois. Commerce with foreign Nations, and among ARPER H.R. 186: Mr. RIGELL. H.R. 3059: Mr. H . the several States, and with the Indian H.R. 3065: Mr. FORBES and Mr. JOHNSON of H.R. 190: Ms. HAHN. Tribes.’’ Ohio. H.R. 205: Ms. BALDWIN. The 14th Amendment to the Constitution. H.R. 3066: Mr. BARROW. H.R. 300: Ms. CHU. ‘‘No State shall make or enforce any law H.R. 3151: Mr. MORAN. H.R. 361: Mr. GOSAR. which shall abridge the privileges or immu- H.R. 3187: Mr. FARR, Mr. WOMACK, Mr. H.R. 365: Mr. AL GREEN of Texas. nities of citizens of the United States; nor CLAY, Mr. KISSELL, and Ms. CLARKE of New H.R. 458: Mr. BLUMENAUER, Mr. HINOJOSA, shall any State deprive any person of life, York. and Mr. HONDA. liberty, or property, without due process of H.R. 3238: Mr. MARKEY, Mr. LARSON of Con- H.R. 459: Mr. STIVERS. law; nor deny to any person within its juris- necticut, and Mr. CAPUANO. H.R. 494: Mr. HASTINGS of Florida and Mr. diction the equal protection of the laws . . . H.R. 3286: Ms. ESHOO. SCOTT of Virginia. The Congress shall have power to enforce, by H.R. 3298: Ms. BORDALLO, Ms. BROWN of H.R. 575: Mrs. MCMORRIS RODGERS. appropriate legislation, the provisions of this Florida, Mr. GENE GREEN of Texas, and Ms. H.R. 870: Ms. CLARKE of New York. article.’’ HIRONO. H.R. 964: Mr. NADLER, Mr. ISRAEL, and Mr. By Mr. ISSA: H.R. 3307: Ms. PINGREE of Maine. OWENS. H.R. 4257. H.R. 3364: Mr. ISRAEL, Mr. SARBANES, and H.R. 973: Mr. BUCHANAN. Congress has the power to enact this legis- Ms. RICHARDSON. H.R. 1004: Mr. SAM JOHNSON of Texas. lation pursuant to the following: H.R. 3395: Mrs. BLACKBURN. OSS Art. I, Sec. 8 H.R. 1005: Mr. R of Arkansas. H.R. 3461: Ms. WASSERMAN SCHULTZ, Mr. H.R. 1195: Mr. GRIFFITH of Virginia. The Congress shall have Power To lay and WALSH of Illinois, Mr. GIBBS, Mr. H.R. 1219: Mr. REYES. collect Taxes, Duties, Imposts and Excises, FARENTHOLD, Mr. LANCE, Mr. BOUSTANY, Mr. H.R. 1244: Mr. CHABOT. to pay the Debts and provide for the common BOSWELL, and Mrs. ADAMS. H.R. 1332: Ms. BASS of California. Defence and general Welfare of the United H.R. 3587: Ms. WOOLSEY. States; H.R. 1356: Mr. GALLEGLY. H.R. 3590: Mr. FILNER. To make all Laws which shall be necessary H.R. 1370: Mr. COLE. H.R. 3596: Mr. MCNERNEY, Mrs. CAPPS, Mr. and proper for carrying into Execution the H.R. 1523: Ms. NORTON. AL GREEN of Texas, Mr. PETERSON, and Mr. foregoing Powers, and all other Powers vest- H.R. 1561: Mr. MICHAUD. CLARKE of Michigan. ed by this Constitution in Government of the H.R. 1612: Mr. JONES. H.R. 3612: Mr. GRIJALVA and Mr. DOYLE. United States or in any Department or Offi- H.R. 1639: Mr. BONNER. H.R. 3654: Mr. COURTNEY. cer thereof. H.R. 1711: Mr. FILNER. H.R. 3667: Mr. BOREN. By Mr. MCDERMOTT: H.R. 1738: Mr. DEFAZIO. H.R. 3767: Mr. CRENDHAW, Mrs. MCMORRIS H.R. 4258. H.R. 1755: Mr. REICHERT. RODGERS, Mrs. HARTZLER, Mrs. ELLMERS, Mr. Congress has the power to enact this legis- H.R. 1873: Mr. BACA. LATTA, and Mrs. SCHMIDT. lation pursuant to the following: H.R. 1895: Mr. NEAL, Mr. KEATING, and Mr. H.R. 3803: Mr. ROKITA. Article I, Section 8, Clause 18 MCGOVERN. H.R. 3826: Mrs. DAVIS of California, Ms. ZOE By Mr. LANKFORD: H.R. 1960: Mr. COSTA. LOFGREN of California, Mr. CONYERS, and Mr. H.R. 4259. H.R. 1971: Mr. DOGGETT. GENE GREEN of Texas. Congress has the power to enact this legis- H.R. 2106: Mr. PIERLUISI and Mr. LARSEN of H.R. 3839: Mr. ACKERMAN. lation pursuant to the following: Washington. H.R. 3849: Mrs. BLACKBURN, Mr. PALAZZO, Art. I, Sec. 8 H.R. 2139: Mr. WALDEN, Mr. BRALEY of Mr. MANZULLO, Mr. RAHALL, Mr. NUNNELEE, To make all Laws which shall be necessary Iowa, Mr. ROSS of Florida, and Mr. BROOKS. and Mr. BOSWELL. and proper for carrying into Execution the H.R. 2179: Mr. LATTA. H.R. 3860: Mr. BACA and Mr. FILNER. foregoing Powers, and all other Powers vest- H.R. 2245: Ms. ZOE LOFGREN of California, H.R. 3895: Mr. RIGELL and Mr. ROSS of Flor- ed by this Constitution in the Government of Mr. THOMPSON of California, Mr. DEUTCH, Ms. ida. the United States or in any Department or SPEIER, and Ms. DELAURO. H.R. 3904: Mr. CUELLAR. Officer thereof. H.R. 2299: Mr. QUAYLE, Mr. ROSS of Florida, H.R. 3987: Mr. TIPTON. By Ms. CLARKE of New York: Mr. MURPHY of Pennsylvania, Mr. CRAVAACK, H.R. 3993: Mr. GERLACH, Mr. RANGEL, and H.R. 4260. and Mr. POE of Texas. Ms. PINGREE of Maine.

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H.R. 4045: Mr. BRALEY of Iowa, Mr. ELLI- Fiscal year 2021: $4,043,898,000. (1) National Defense (050): SON, Mr. HUNTER, Mr. SABLAN, Mr. POE of Fiscal year 2022: $4,236,911,000. Fiscal year 2013: Texas, and Mr. LATTA. (B) The amounts by which the aggregate (A) New budget authority, $659,719,000,000. H.R. 4070: Mr. FILNER. levels of Federal revenues should be changed (B) Outlays, $669,687,000,000. H.R. 4077: Mr. PITTS and Mr. ISRAEL. are as follows: Fiscal year 2014: H.R. 4089: Mr. HUNTER. Fiscal year 2013: ¥$74,614,000,000. (A) New budget authority, $532,574,000,000. H.R. 4095: Mr. BOREN. Fiscal year 2014: $115,212,000,000. (B) Outlays, $585,818,000,000. H.R. 4122: Mr. CONNOLLY of Virginia, Mr. Fiscal year 2015: $156,357,000,000. Fiscal year 2015: GRIJALVA, and Mr. MORAN. Fiscal year 2016: $220,790,000,000. (A) New budget authority, $526,836,000,000. H.R. 4124: Mr. STARK and Mr. ROSS of Ar- Fiscal year 2017: $279,347,000,000. (B) Outlays, $546,976,000,000. kansas. Fiscal year 2018: $291,219,000,000. Fiscal year 2016: H.R. 4134: Mr. COLE, Mr. YODER, Mr. JONES, Fiscal year 2019: $342,648,000,000. (A) New budget authority, $528,581,000,000. Mr. SULLIVAN, and Mr. BOSWELL. Fiscal year 2020: $356,393,000,000. (B) Outlays, $539,638,000,000. H.R. 4136: Mr. BERG. Fiscal year 2021: $353,732,000,000. Fiscal year 2017: H.R. 4160: Mr. PENCE. Fiscal year 2022: $345,788,000,000. (A) New budget authority, $539,841,000,000. H.R. 4169: Mr. SCHOCK, Mr. ISRAEL, and Mr. (2) NEW BUDGET AUTHORITY.—For purposes (B) Outlays, $536,425,000,000. CICILLINE. of the enforcement of this resolution, the ap- Fiscal year 2018: H.R. 4170: Ms. SCHAKOWSKY. propriate levels of total new budget author- (A) New budget authority, $551,797,000,000. H.R. 4173: Mr. BLUMENAUER and Mr. FARR. ity are as follows: (B) Outlays, $537,397,000,000. H.R. 4176: Mr. WALBERG and Mr. PENCE. Fiscal year 2013: $3,309,878,000,000. Fiscal year 2019: H.R. 4197: Mrs. LOWEY. Fiscal year 2014: $3,255,223,000,000. (A) New budget authority, $560,862,000,000. H.R. 4199: Mr. SCOTT of Virginia. Fiscal year 2015: $3,353,099,000,000. (B) Outlays, $551,693,000,000. H.R. 4202: Mr. GEORGE MILLER of Cali- Fiscal year 2016: $3,524,427,000,000. Fiscal year 2020: fornia. Fiscal year 2017: $3,677,543,000,000. (A) New budget authority, $571,661,000,000. H.R. 4203: Mr. TIPTON. Fiscal year 2018: $3,829,402,000,000. (B) Outlays, $561,905,000,000. H.R. 4210: Mr. DINGELL. Fiscal year 2019: $4,044,242,000,000. Fiscal year 2021: H.R. 4215: Mr. DOGGETT. Fiscal year 2020: $4,257,245,000,000. (A) New budget authority, $586,462,000,000. H.R. 4232: Mr. JOHNSON of Ohio. Fiscal year 2021: $4,444,546,000,000. (B) Outlays, $574,908,000,000. H.R. 4251: Mr. RIGELL. Fiscal year 2022: $4,698,785,000,000. Fiscal year 2022: H. Res. 134: Mr. SCHOCK. (3) BUDGET OUTLAYS.—For purposes of the (A) New budget authority, $601,815,000,000. H. Res. 460: Mr. QUIGLEY, Mr. VAN HOLLEN, enforcement of this resolution, the appro- (B) Outlays, $595,149,000,000. Ms. BONAMICI, and Mr. PASCRELL. priate levels of total budget outlays are as (2) International Affairs (150): H. Res. 506: Mr. POE of Texas. follows: Fiscal year 2013: H. Res. 560: Ms. BROWN of Florida. Fiscal year 2013: $3,287,716,000,000. (A) New budget authority, $73,837,000,000. H. Res. 568: Mr. YOUNG of Indiana, Mr. Fiscal year 2014: $3,261,796,000,000. (B) Outlays, $64,498,000,000. DENHAM, Mr. RENACCI, Mr. ROGERS of Ala- Fiscal year 2015: $3,352,964,000,000. Fiscal year 2014: bama, Mr. CLARKE of Michigan, Ms. LORETTA Fiscal year 2016: $3,532,436,000,000. (A) New budget authority, $66,309,000,000. SANCHEZ of California, Mr. REHBERG, Mrs. Fiscal year 2017: $3,649,001,000,000. (B) Outlays, $66,844,000,000. BIGGERT, Mr. COURTNEY, Mr. PALAZZO, Mr. Fiscal year 2018: $3,783,230,000,000. Fiscal year 2015: GERLACH, Mr. DANIEL E. LUNGREN of Cali- Fiscal year 2019: $3,998,222,000,000. (A) New budget authority, $62,079,000,000. fornia, Mr. GARRETT, Mr. SESSIONS, Mr. Fiscal year 2020: $4,194,577,000,000. (B) Outlays, $65,518,000,000. WOLF, Mr. DOYLE, Ms. CASTOR of Florida, Mr. Fiscal year 2021: $4,395,373,000,000. Fiscal year 2016: Fiscal year 2022: $4,657,085,000,000. PALLONE, Mr. GRIFFIN of Arkansas, Mr. AUS- (A) New budget authority, $59,507,000,000. (4) DEFICITS (ON-BUDGET).—For purposes of TRIA, Mr. LATOURETTE, Mr. MACK, Mr. (B) Outlays, $64,501,000,000. the enforcement of this resolution, the GOSAR, Ms. SEWELL, Mr. FILNER, Mr. GRIMM, Fiscal year 2017: amounts of the deficits (on-budget) are as Mr. SARBANES, Ms. SLAUGHTER, Mr. POSEY, (A) New budget authority, $62,004,000,000. follows: Mr. GRAVES of Missouri, Ms. BUERKLE, Mr. (B) Outlays, $64,334,000,000. Fiscal year 2013: ¥$1,090,348,000,000. BARTLETT, Mr. WOMACK, Mr. HARPER, Ms. Fiscal year 2018: Fiscal year 2014: ¥$649,387,000. (A) New budget authority, $64,068,000,000. MATSUI, Mr. GRAVES of Georgia, Mr. RIBBLE, Fiscal year 2015: ¥$471,542,000. (B) Outlays, $64,237,000,000. and Mr. SMITH of Nebraska. Fiscal year 2016: ¥$425,914,000. Fiscal year 2019: H. Res. 573: Mr. ROTHMAN of New Jersey. Fiscal year 2017: ¥$347,858,000. (A) New budget authority, $65,148,000,000. H. Res. 583: Mr. MCCAUL, Mr. CALVERT, Mr. Fiscal year 2018: ¥$330,447,000. (B) Outlays, $63,132,000,000. BACHUS, Mr. WOLF, Mr. COLE, and Mr. GALLE- Fiscal year 2019: ¥$337,439,000. Fiscal year 2020: GLY. Fiscal year 2020: ¥$339,280,000. (A) New budget authority, $66,977,000,000. H. Res. 584: Ms. BORDALLO. Fiscal year 2021: ¥$351,475,000. (B) Outlays, $63,515,000,000. H. Res. 592: Mr. SCOTT of South Carolina, Fiscal year 2022: ¥$420,174,000. Fiscal year 2021: Mr. RIGELL, Mr. DICKS, Mr. MCCAUL, Mrs. (5) DEBT SUBJECT TO LIMIT.—The appro- (A) New budget authority, $68,872,000,000. DAVIS of California, Mr. ROSS of Florida, Mr. priate levels of the public debt are as fol- (B) Outlays, $65,132,000,000. PASCRELL, and Mr. RUPPERSBERGER. lows: Fiscal year 2022: f Fiscal year 2013: $17,467,000,000,000. (A) New budget authority, $71,074,000,000. AMENDMENTS Fiscal year 2014: $18,240,000,000,000. (B) Outlays, $67,005,000,000. Fiscal year 2015: $18,804,000,000,000. (3) General Science, Space, and Technology Under clause 8 of rule XVIII, pro- Fiscal year 2016: $19,308,000,000,000. (250): posed amendments were submitted as Fiscal year 2017: $19,733,000,000,000. Fiscal year 2013: follows: Fiscal year 2018: $20,129,000,000,000. (A) New budget authority, $37,106,000,000. H. Con. Res. 112 Fiscal year 2019: $20,506,000,000,000. (B) Outlays, $35,204,000,000. Fiscal year 2020: $20,867,000,000,000. Fiscal year 2014: OFFERED BY: MR. HONDA Fiscal year 2021: $21,223,000,000,000. (A) New budget authority, $40,096,000,000. AMENDMENT NO. 1: Strike all after the re- Fiscal year 2022: $21,621,000,000,000. (B) Outlays, $38,135,000,000. solving clause and insert the following: (6) DEBT HELD BY THE PUBLIC.—The appro- Fiscal year 2015: SECTION 1. RECOMMENDED LEVELS AND priate levels of debt held by the public are as (A) New budget authority, $39,366,000,000. AMOUNTS. follows: (B) Outlays, $38,957,000,000. The following budgetary levels are appro- Fiscal year 2013: $12,655,000,000,000. Fiscal year 2016: priate for each of fiscal years 2013 through Fiscal year 2014: $13,331,000,000,000. (A) New budget authority, $38,701,000,000. 2022: Fiscal year 2015: $13,787,000,000,000. (B) Outlays, $38,875,000,000. (1) FEDERAL REVENUES.—For purposes of Fiscal year 2016: $14,152,000,000,000. Fiscal year 2017: the enforcement of this resolution: Fiscal year 2017: $14,390,000,000,000. (A) New budget authority, $39,331,000,000. (A) The recommended levels of Federal Fiscal year 2018: $14,577,000,000,000. (B) Outlays, $39,142,000,000. revenues are as follows: Fiscal year 2019: $14,755,000,000,000. Fiscal year 2018: Fiscal year 2013: $2,197,368,000. Fiscal year 2020: $14,927,000,000,000. (A) New budget authority, $40,034,000,000. Fiscal year 2014: $2,612,409,000. Fiscal year 2021; $15,107,000,000,000. (B) Outlays, $39,687,000,000. Fiscal year 2015: $2,881,422,000. Fiscal year 2022: $15,357,000,000,000. Fiscal year 2019: Fiscal year 2016: $3,106,522,000. SEC. 2. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $40,742,000,000. Fiscal year 2017: $3,301,143,000. The Congress determines and declares that (B) Outlays, $40,260,000,000. Fiscal year 2018: $3,452,783,000. the appropriate levels of new budget author- Fiscal year 2020: Fiscal year 2019: $3,660,783,000. ity and outlays for fiscal years 2013 through (A) New budget authority, $41,821,000,000. Fiscal year 2020: $3,855,297,000. 2022 for each major functional category are: (B) Outlays, $41,127,000,000.

VerDate Mar 15 2010 03:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.023 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1573 Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $42,936,000,000. (A) New budget authority, $17,823,000,000. (A) New budget authority, $27,679,000,000. (B) Outlays, $42,068,000,000. (B) Outlays, $17,343,000,000. (B) Outlays, $27,929,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $44,073,000,000. (A) New budget authority, $18,066,000,000. (A) New budget authority, $28,124,000,000. (B) Outlays, $43,163,000,000. (B) Outlays, $17,617,000,000. (B) Outlays, $27,607,000,000. (4) Energy (270): Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $18,592,000,000. (A) New budget authority, $28,575,000,000. (A) New budget authority, $22,101,000,000. (B) Outlays, $18,131,000,000. (B) Outlays, $27,684,000,000. (B) Outlays, $21,223,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $18,947,000,000. (A) New budget authority, $29,381,000,000. (A) New budget authority, $25,537,000,000. (B) Outlays, $18,495,000,000. (B) Outlays, $28,194,000,000. (B) Outlays, $22,344,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2021: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $30,215,000,000. (A) New budget authority, $22,580,000,000. (A) New budget authority, $10,502,000,000. (B) Outlays, $28,943,000,000. (B) Outlays, $22,315,000,000. (B) Outlays, $11,855,000,000. Fiscal year 2022: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $31,072,000,000. (A) New budget authority, $20,022,000,000. (A) New budget authority, $19,282,000,000. (B) Outlays, $29,813,000,000. (B) Outlays, $21,198,000,000. (B) Outlays, $6,586,000,000. (10) Education, Training, Employment, and Fiscal year 2017: Fiscal year 2015: Social Services (500): (A) New budget authority, $19,741,000,000. (A) New budget authority, $18,044,000,000. Fiscal year 2013: (B) Outlays, $20,124,000,000. (B) Outlays, $5,505,000,000. (A) New budget authority, $215,477,000,000. Fiscal year 2018: Fiscal year 2016: (B) Outlays, $216,894,000,000. (A) New budget authority, $19,586,000,000. (A) New budget authority, $17,529,000,000. Fiscal year 2014: (B) Outlays, $19,336,000,000. (B) Outlays, $3,152,000,000. (A) New budget authority, $133,185,000,000. Fiscal year 2019: Fiscal year 2017: (B) Outlays, $134,848,000,000. (A) New budget authority, $19,523,000,000. (A) New budget authority, $19,060,000,000. Fiscal year 2015: (B) Outlays, $19,308,000,000. (B) Outlays, $2,846,000,000. (A) New budget authority, $108,627,000,000. Fiscal year 2020: Fiscal year 2018: (B) Outlays, $108,401,000,000. (A) New budget authority, $20,223,000,000. (A) New budget authority, $20,636,000,000. Fiscal year 2016: (B) Outlays, $19,476,000,000. (B) Outlays, $3,592,000,000. (A) New budget authority, $113,637,000,000. Fiscal year 2021: Fiscal year 2019: (B) Outlays, $113,530,000,000. (A) New budget authority, $20,896,000,000. (A) New budget authority, $22,134,000,000. Fiscal year 2017: (B) Outlays, $19,984,000,000. (B) Outlays, ¥$853,000,000. (A) New budget authority, $124,002,000,000. Fiscal year 2022: Fiscal year 2020: (B) Outlays, $120,819,000,000. (A) New budget authority, $21,716,000,000. (A) New budget authority, $24,229,000,000. Fiscal year 2018: (B) Outlays, $20,693,000,000. (B) Outlays, $362,000,000. (A) New budget authority, $128,980,000,000. (5) Natural Resources and Environment Fiscal year 2021: (B) Outlays, $127,822,000,000. (300): (A) New budget authority, $25,554,000,000. Fiscal year 2019: Fiscal year 2013: (B) Outlays, $8,580,000,000. (A) New budget authority, $133,164,000,000. (A) New budget authority, $46,024,000,000. Fiscal year 2022: (B) Outlays, $131,731,000,000. (B) Outlays, $46,772,000,000. (A) New budget authority, $30,812,000,000. Fiscal year 2020: Fiscal year 2014: (B) Outlays, $12,616,000,000. (A) New budget authority, $135,479,000,000. (A) New budget authority, $48,969,000,000. (8) Transportation (400): (B) Outlays, $134,698,000,000. (B) Outlays, $49,207,000,000. Fiscal year 2013: Fiscal year 2021: Fiscal year 2015: (A) New budget authority, $105,774,000,000. (A) New budget authority, $138,104,000,000. (A) New budget authority, $48,398,000,000. (B) Outlays, $105,474,000,000. (B) Outlays, $137,088,000,000. (B) Outlays, $49,941,000,000. Fiscal year 2014: Fiscal year 2022: Fiscal year 2016: (A) New budget authority, $112,473,000,000. (A) New budget authority, $141,118,000,000. (A) New budget authority, $48,221,000,000. (B) Outlays, $108,565,000,000. (B) Outlays, $139,748,000,000. (B) Outlays, $49,503,000,000. Fiscal year 2015: (11) Health (550): Fiscal year 2017: (A) New budget authority, $119,935,000,000. Fiscal year 2013: (A) New budget authority, $49,558,000,000. (B) Outlays, $113,853,000,000. (A) New budget authority, $392,643,000,000. (B) Outlays, $50,232,000,000. Fiscal year 2016: (B) Outlays, $383,806,000,000. Fiscal year 2018: (A) New budget authority, $126,924,000,000. Fiscal year 2014: (A) New budget authority, $51,348,000,000. (B) Outlays, $119,215,000,000. (A) New budget authority, $490,114,000,000. (B) Outlays, $50,517,000,000. Fiscal year 2017: (B) Outlays, $475,603,000,000. Fiscal year 2019: (A) New budget authority, $133,899,000,000. Fiscal year 2015: (A) New budget authority, $52,593,000,000. (B) Outlays, $124,357,000,000. (A) New budget authority, $558,189,000,000. (B) Outlays, $51,636,000,000. Fiscal year 2018: (B) Outlays, $552,620,000,000. Fiscal year 2020: (A) New budget authority, $130,944,000,000. Fiscal year 2016: (A) New budget authority, $54,599,000,000. (B) Outlays, $127,535,000,000. (A) New budget authority, $605,699,000,000. (B) Outlays, $53,234,000,000. Fiscal year 2019: (B) Outlays, $609,918,000,000. Fiscal year 2021: (A) New budget authority, $132,922,000,000. Fiscal year 2017: (A) New budget authority, $55,593,000,000. (B) Outlays, $130,484,000,000. (A) New budget authority, $649,911,000,000. (B) Outlays, $54,455,000,000. Fiscal year 2020: (B) Outlays, $652,349,000,000. Fiscal year 2022: (A) New budget authority, $134,989,000,000. Fiscal year 2018: (A) New budget authority, $57,150,000,000. (B) Outlays, $132,385,000,000. (A) New budget authority, $687,213,000,000. (B) Outlays, $55,777,000,000. Fiscal year 2021: (B) Outlays, $685,849,000,000. (6) Agriculture (350): (A) New budget authority, $137,095,000,000. Fiscal year 2019: Fiscal year 2013: (B) Outlays, $133,770,000,000. (A) New budget authority, $729,703,000,000. (A) New budget authority, $21,228,000,000. Fiscal year 2022: (B) Outlays, $728,299,000,000. (B) Outlays, $24,125,000,000. (A) New budget authority, $139,283,000,000. Fiscal year 2020: Fiscal year 2014: (B) Outlays, $136,230,000,000. (A) New budget authority, $784,569,000,000. (A) New budget authority, $17,892,000,000. (9) Community and Regional Development (B) Outlays, $772,420,000,000. (B) Outlays, $17,723,000,000. (450): Fiscal year 2021: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $825,999,000,000. (A) New budget authority, $18,721,000,000. (A) New budget authority, $26,408,000,000. (B) Outlays, $823,927,000,000. (B) Outlays, $18,214,000,000. (B) Outlays, $29,335,000,000. Fiscal year 2022: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $882,501,000,000. (A) New budget authority, $19,944,000,000. (A) New budget authority, $29,083,000,000. (B) Outlays, $879,975,000,000. (B) Outlays, $19,494,000,000. (B) Outlays, $30,381,000,000. (12) Medicare (570): Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $19,796,000,000. (A) New budget authority, $28,155,000,000. (A) New budget authority, $528,399,000,000. (B) Outlays, $19,333,000,000. (B) Outlays, $30,848,000,000. (B) Outlays, $528,311,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $18,887,000,000. (A) New budget authority, $27,273,000,000. (A) New budget authority, $553,553,000,000. (B) Outlays, $18,362,000,000. (B) Outlays, $28,966,000,000. (B) Outlays, $552,856,000,000.

VerDate Mar 15 2010 03:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.026 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE H1574 CONGRESSIONAL RECORD — HOUSE March 26, 2012 Fiscal year 2015: (A) New budget authority, $149,224,000,000. Fiscal year 2022: (A) New budget authority, $579,388,000,000. (B) Outlays, $145,567,000,000. (A) New budget authority, $31,715,000,000. (B) Outlays, $578,948,000,000. Fiscal year 2014: (B) Outlays, $31,190,000,000. Fiscal year 2016: (A) New budget authority, $156,328,000,000. (18) Net Interest (900): (A) New budget authority, $629,995,000,000. (B) Outlays, $152,548,000,000. Fiscal year 2013: (B) Outlays, $629,761,000,000. Fiscal year 2015: (A) New budget authority, $347,247,000,000. Fiscal year 2017: (A) New budget authority, $157,222,000,000. (B) Outlays, $347,247,000,000. (A) New budget authority, $648,217,000,000. (B) Outlays, $156,643,000,000. Fiscal year 2014: (B) Outlays, $647,496,000,000. Fiscal year 2016: (A) New budget authority, $361,372,000,000. Fiscal year 2018: (A) New budget authority, $163,556,000,000. (B) Outlays, $361,372,000,000. (A) New budget authority, $670,465,000,000. (B) Outlays, $163,960,000,000. Fiscal year 2015: (B) Outlays, $670,015,000,000. Fiscal year 2017: (A) New budget authority, $400,420,000,000. Fiscal year 2019: (A) New budget authority, $162,499,000,000. (B) Outlays, $400,420,000,000. (A) New budget authority, $733,652,000,000. (B) Outlays, $162,122,000,000. Fiscal year 2016: (B) Outlays, $733,400,000,000. Fiscal year 2018: (A) New budget authority, $464,626,000,000. Fiscal year 2020: (A) New budget authority, $161,341,000,000. (B) Outlays, $464,626,000,000. (A) New budget authority, $786,074,000,000. (B) Outlays, $160,695,000,000. Fiscal year 2017: (B) Outlays, $785,321,000,000. Fiscal year 2019: (A) New budget authority, $532,290,000,000. Fiscal year 2021: (A) New budget authority, $171,034,000,000. (B) Outlays, $532,290,000,000. (A) New budget authority, $837,885,000,000. (B) Outlays, $170,211,000,000. Fiscal year 2018: (B) Outlays, $837,396,000,000. Fiscal year 2020: (A) New budget authority, $599,375,000,000. Fiscal year 2022: (A) New budget authority, $176,196,000,000. (B) Outlays, $599,375,000,000. (A) New budget authority, $917,799,000,000. (B) Outlays, $174,995,000,000. Fiscal year 2019: (B) Outlays, $917,656,000,000. Fiscal year 2021: (A) New budget authority, $660,922,000,000. (13) Income Security (600): (A) New budget authority, $181,451,000,000. (B) Outlays, $660,922,000,000. Fiscal year 2013: (B) Outlays, $180,089,000,000. Fiscal year 2020: (A) New budget authority, $600,167,000,000. Fiscal year 2022: (A) New budget authority, $712,948,000,000. (B) Outlays, $589,067,000,000. (A) New budget authority, $192,540,000,000. (B) Outlays, $712,948,000,000. Fiscal year 2014: (B) Outlays, $191,089,000,000. Fiscal year 2021: (A) New budget authority, $622,434,000,000. (16) Administration of Justice (750): (A) New budget authority, $752,887,000,000. (B) Outlays, $611,955,000,000. Fiscal year 2013: (B) Outlays, $752,887,000,000. Fiscal year 2015: (A) New budget authority, $71,906,000,000. Fiscal year 2022: (A) New budget authority, $620,983,000,000. (B) Outlays, $64,625,000,000. (A) New budget authority, $794,191,000,000. (B) Outlays, $617,542,000,000. Fiscal year 2014: (B) Outlays, $794,191,000,000. Fiscal year 2016: (A) New budget authority, $66,516,000,000. (19) Allowances (920): (A) New budget authority, $611,032,000,000. (B) Outlays, $66,844,000,000. Fiscal year 2013: (B) Outlays, $614,698,000,000. Fiscal year 2015: (A) New budget authority, $0.00 Fiscal year 2017: (A) New budget authority, $66,602,000,000. (B) Outlays, $0.00 (A) New budget authority, $604,154,000,000. (B) Outlays, $68,316,000,000. Fiscal year 2014: (B) Outlays, $602,171,000,000. Fiscal year 2016: (A) New budget authority, $0.00 Fiscal year 2018: (A) New budget authority, $68,761,000,000. (B) Outlays, $0.00 (A) New budget authority, $607,469,000,000. (B) Outlays, $70,667,000,000. Fiscal year 2015: (B) Outlays, $600,968,000,000. Fiscal year 2017: (A) New budget authority, $0.00 Fiscal year 2019: (A) New budget authority, $68,641,000,000. (B) Outlays, $0.00 (A) New budget authority, $625,364,000,000. (B) Outlays, $70,168,000,000. Fiscal year 2016: (B) Outlays, $623,236,000,000. Fiscal year 2018: (A) New budget authority, $0.00 Fiscal year 2020: (A) New budget authority, $70,425,000,000. (B) Outlays, $0.00 (A) New budget authority, $640,917,000,000. (B) Outlays, $71,745,000,000. Fiscal year 2017: (B) Outlays, $638,419,000,000. Fiscal year 2019: (A) New budget authority, $0.00 Fiscal year 2021: (A) New budget authority, $72,400,000,000. (B) Outlays, $0.00 (A) New budget authority, $658,585,000,000. (B) Outlays, $72,514,000,000. Fiscal year 2018: (B) Outlays, $655,964,000,000. Fiscal year 2020: (A) New budget authority, $0.00 Fiscal year 2022: (A) New budget authority, $74,692,000,000. (B) Outlays, $0.00 (A) New budget authority, $681,071,000,000. (B) Outlays, $73,924,000,000. Fiscal year 2019: (B) Outlays, $683,338,000,000. Fiscal year 2021: (A) New budget authority, $0.00 (14) Social Security (650): (A) New budget authority, $77,213,000,000. (B) Outlays, $0.00 Fiscal year 2013: (B) Outlays, $76,341,000,000. Fiscal year 2020: (A) New budget authority, $53,216,000,000. Fiscal year 2022: (A) New budget authority, $0.00 (B) Outlays, $53,296,000,000. (A) New budget authority, $83,484,000,000. (B) Outlays, $0.00 Fiscal year 2014: (B) Outlays, $82,533,000,000. Fiscal year 2021: (A) New budget authority, $31,892,000,000. (17) General Government (800): (A) New budget authority, $0.00 (B) Outlays, $32,002,000,000. Fiscal year 2013: (B) Outlays, $0.00 Fiscal year 2015: (A) New budget authority, $24,636,000,000. Fiscal year 2022: (A) New budget authority, $35,135,000,000. (B) Outlays, $26,466,000,000. (A) New budget authority, $0.00 (B) Outlays, $35,210,000,000. Fiscal year 2014: (B) Outlays, $0.00 Fiscal year 2016: (A) New budget authority, $25,311,000,000. (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $38,953,000,000. (B) Outlays, $25,862,000,000. Fiscal year 2013: (B) Outlays, $38,991,000,000. Fiscal year 2015: (A) New budget authority, ¥$75,736,000,000. Fiscal year 2017: (A) New budget authority, $25,950,000,000. (B) Outlays, ¥$75,736,000,000. (A) New budget authority, $43,140,000,000. (B) Outlays, $26,268,000,000. Fiscal year 2014: (B) Outlays, $43,140,000,000. Fiscal year 2016: (A) New budget authority, ¥$77,697,000,000. Fiscal year 2018: (A) New budget authority, $26,692,000,000. (B) Outlays, ¥$77,697,000,000. (A) New budget authority, $47,590,000,000. (B) Outlays, $26,969,000,000. Fiscal year 2015: (B) Outlays, $47,590,000,000. Fiscal year 2017: (A) New budget authority, ¥$83,531,000,000. Fiscal year 2019: (A) New budget authority, $27,287,000,000. (B) Outlays, ¥$83,531,000,000. (A) New budget authority, $52,429,000,000. (B) Outlays, $27,231,000,000. Fiscal year 2016: (B) Outlays, $52,429,000,000. Fiscal year 2018: (A) New budget authority, ¥$85,226,000,000. Fiscal year 2020: (A) New budget authority, $28,186,000,000. (B) Outlays, ¥$85,226,000,000. (A) New budget authority, $57,425,000,000. (B) Outlays, $27,967,000,000. Fiscal year 2017: (B) Outlays, $57,425,000,000. Fiscal year 2019: (A) New budget authority, ¥$93,507,000,000. Fiscal year 2021: (A) New budget authority, $29,097,000,000. (B) Outlays, ¥$93,507,000,000. (A) New budget authority, $62,604,000,000. (B) Outlays, $28,638,000,000. Fiscal year 2018: (B) Outlays, $62,604,000,000. Fiscal year 2020: (A) New budget authority, ¥$97,066,000,000. Fiscal year 2022: (A) New budget authority, $29,877,000,000. (B) Outlays, ¥$97,066,000,000. (A) New budget authority, $68,079,000,000. (B) Outlays, $29,490,000,000. Fiscal year 2019: (B) Outlays, $68,079,000,000. Fiscal year 2021: (A) New budget authority, (15) Veterans Benefits and Services (700): (A) New budget authority, $30,771,000,000. ¥$103,845,000,000. Fiscal year 2013: (B) Outlays, $30,274,000,000. (B) Outlays, ¥$103,845,000,000.

VerDate Mar 15 2010 03:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.026 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE March 26, 2012 CONGRESSIONAL RECORD — HOUSE H1575 Fiscal year 2020: Fiscal year 2021: Fiscal year 2022: (A) New budget authority, (A) New budget authority, (A) New budget authority, ¥$102,878,000,000. ¥$107,168,000,000. ¥$109,655,000,000. (B) Outlays, ¥$102,878,000,000. (B) Outlays, ¥$107,168,000,000. (B) Outlays, ¥$109,655,000,000.

VerDate Mar 15 2010 03:05 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MR7.026 H26MRPT1 tjames on DSK6SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, MONDAY, MARCH 26, 2012 No. 49 Senate The Senate met at 2 p.m. and was Mr. BLUMENTHAL thereupon as- Mr. REID. Mr. President, I object to called to order by the Honorable RICH- sumed the chair as Acting President any further proceedings with regard to ARD BLUMENTHAL, a Senator from the pro tempore. these three pieces of legislation. State of Connecticut. f The ACTING PRESIDENT pro tem- PRAYER pore. Objection having been heard, the The Chaplain, Dr. Barry C. Black, of- RECOGNITION OF THE MAJORITY bills will be placed on the calendar. fered the following prayer: LEADER f Let us pray. The ACTING PRESIDENT pro tem- TRANSPORTATION JOBS Almighty God, look beyond the pore. The majority leader is recog- harmful paths on which we have nized. Mr. REID. Mr. President, tens of thousands of bridges—70,000, to be walked and see our spirits created in f Your likeness and longing to commune exact—and millions of miles of roads with You. SCHEDULE across the country are in a state of dis- repair. But rather than putting Ameri- Speak to our lawmakers today and Mr. REID. Mr. President, following teach them to listen through earth- cans to work fixing these roads and any leader remarks the Senate will be bridges—and, of course, repairing the quakes, wind, and fire for Your still in a period of morning business until small voice. Guide them to learn the crumbling train tracks, highways, and 4:30 p.m. today. Following that morn- sidewalks across this country—House language of prayer and daily experi- ing business the Senate will resume ence its power in their lives. May they Republicans are pandering to the tea consideration of the motion to proceed party. They cannot do a bill. They can- be calm when You would have them lis- to S. 2204, the Repeal Big Oil Tax Sub- not do a bill. They have tried. They ten and obedient when You would have sidies Act. At 5:30 p.m. there will be up cannot do a bill. They are now not them act, always eager to receive di- to two rollcall votes. The first vote will fighting us, they are fighting among rections from You. be a cloture vote on the motion to pro- themselves. As if putting the tea party We pray in Your holy Name. Amen. ceed to S. 2204. If cloture is not in- ahead of efforts to repair our Nation’s f voked, there will be a second cloture crumbling infrastructure was not bad PLEDGE OF ALLEGIANCE vote on the motion to proceed to the enough, House Republicans are risking postal reform bill. The Honorable RICHARD BLUMENTHAL almost 3 million jobs in the process. led the Pledge of Allegiance, as follows: f I was very disappointed last week to hear that the House Republican leaders I pledge allegiance to the Flag of the MEASURES PLACED ON THE CAL- United States of America, and to the Repub- hope to pursue a 3-month extension of ENDAR—H.R. 5, S. 2230, AND S. the highway bill. That is, at this stage, lic for which it stands, one nation under God, 2231 indivisible, with liberty and justice for all. without any suggestion that they f Mr. REID. Mr. President, there are would go to conference with us. It three bills at the desk due for a second would seem to me that is the most APPOINTMENT OF ACTING reading. I would like the clerk to re- practical thing to do—have a short- PRESIDENT PRO TEMPORE port them if you so order. term extension and during the process The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- work to see what we can come up with, clerk will please read a communication pore. The clerk will read the bills by working together. I know this is for- to the Senate from the President pro title for a second time. eign language to what has gone on in tempore (Mr. INOUYE). The legislative clerk read as follows: the House in the last year and a half, The legislative clerk read the fol- A bill (H.R. 5) to improve patient access to but that would be a good idea—to try lowing letter: health care services and provide improved that, to work together to come up with U.S. SENATE, medical care by reducing the excessive bur- a bill, a 2-year bill, a 3-year bill. Work- PRESIDENT PRO TEMPORE, den the liability system places on the health ing together, we could do that on a bi- Washington, DC, March 26, 2012. care delivery system. partisan basis, as we did here. Their To the Senate: A bill (S. 2230) to reduce the deficit by im- short-term bandaid bill is no solution. Under the provisions of rule I, paragraph 3, posing a minimum effective tax rate for Communities and contractors need cer- of the Standing Rules of the Senate, I hereby high-income taxpayers. tainty—especially going into the sum- appoint the Honorable RICHARD BLUMEN- A bill (S. 2231) to amend the Federal Credit THAL, a Senator from the State of Con- Union Act, to advance the ability of credit mer construction season. We want to necticut, to perform the duties of the Chair. unions to promote small business growth and make sure projects do not grind to a DANIEL K. INOUYE, economic development opportunities, and for halt in 3 months because the House President pro tempore. other purposes. once again refuses to act.

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

S2009

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VerDate Mar 15 2010 00:48 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MR6.000 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2010 CONGRESSIONAL RECORD — SENATE March 26, 2012 The American people certainly know How do the American people feel topic I have spoken to many times over at this stage whom to blame because of about this? Of course, by an over- the last 2 years; that is, the health care the problems over there. It is a crisis. whelming margin, they agree with us. law. It is a chaotic place we find over there. The Senate must also quickly move Today I would like to focus on a They are looking to cost us 3 million to reform our postal system, and in the number of aspects of the health care jobs. One week remains until these coming weeks, we also must reauthor- law, but to start I would point out that projects around the country lock their ize the Violence Against Women Act, this law actually enacted the largest gates and lay off their workers. It is pass additional job-creation measures, expansion of Medicaid since its incep- time for House Republican leaders to and take up the crucial cybersecurity tion in 1965. The law dramatically in- do what is responsible: take up the bill. creases government spending, it ties Senate-passed Transportation bill and The Pentagon says passing cyberse- the hands of States, it is going to pass it. The American people are curity legislation is the single most bankrupt State budgets, and it traps watching and time is wasting. important action Congress can take to nearly 26 million more Americans in a improve national security. That is why broken system. f I will bring a bill to the floor very Last week’s Medicaid Actuary report FORGING A PATH FORWARD soon. Bipartisan efforts to craft com- indicates that 25.9 million more Ameri- prehensive cybersecurity legislation cans will be dumped on Medicaid under Mr. REID. Mr. President, while have been ongoing for years. It is now the new law. The week before, the non- House Republicans are squandering time to act. It is time for Republican partisan Congressional Budget Office precious time and risking American colleagues who have been involved in pointed out that Federal spending on jobs, the Senate will now move forward this effort from the start to sit down Medicaid will increase by $168 billion. with a bill to repeal billions in sub- and help us move this matter forward. That is just compared to last year’s sidies to big oil companies. We are going to move this bill onto the projection. That means this expansion Last year, Big Oil raked in $137 bil- floor. We have had hard work done by alone is projected to cost the Federal lion in profits—more than ever before— Senator LIEBERMAN and Senator COL- taxpayers $795 billion through 2021. but still received billions in taxpayer- LINS. It is a bipartisan bill. I would That is at a time when not only our funded giveaways. It does not make hope both parties would agree this leg- Federal budget is struggling, but in ad- sense. Even with domestic oil produc- islation is a priority. I hope so. dition to that our State budgets are in tion at its highest level in almost a As always, Mr. President, I hope trouble. Added up, the Federal Govern- decade, prices at the pump are rising. Democrats and Republicans will be ment will spend $4.6 trillion on Med- Oil companies are making money hand able to work together to forge a path icaid over the next 10 years, a stag- over fist. forward on these most important gering number—$4.6 trillion. When the price of a gallon of gas goes issues. Medicaid spending is projected to in- up by a single penny, quarterly profits crease 35 percent once the law is fully f for the five major oil companies go up implemented. So with our national $200 million. I heard on the news this RESERVATION OF LEADER TIME debt now approaching $16 trillion and morning that the price of gas in the Mr. REID. Mr. President, would the compounding exponentially, as we bor- last couple weeks has gone up 12 cents. Chair announce the business of the row 42 cents of every $1 we spend every Well, that is more than $2 billion for day. day, instead of reining in costs, the the oil companies. The ACTING PRESIDENT pro tem- health care law is doubling down with This country continues to give tax- pore. Under the previous order, the spending. payer dollars to some of the most prof- leadership time is reserved. But the Medicaid expansion did not itable corporations in the world—not stop with wrecking Federal budgets. It f some of the most profitable, the most hammers State budgets as well. This profitable. They are doing better than MORNING BUSINESS program already consumes 24 percent Google and Microsoft and all of them. The ACTING PRESIDENT pro tem- of State budgets. The law’s Medicaid They are the No. 1 profitable corpora- pore. Under the previous order, the expansion will force $118 billion in ad- tions in the world. It is time to end Senate will be in a period of morning ditional unfunded mandates on our this careless corporate welfare. business until 4:30 p.m., with Senators States through 2023. The National Gov- The only real way to bring down permitted to speak therein for up to 10 ernors Association has weighed in on prices at the pump is to reduce U.S. de- minutes each. this issue. They said: ‘‘Spending on pendence on foreign oil. That will take Mr. REID. I suggest the absence of a Medicaid is expected to consume an in- additional responsible domestic oil pro- quorum. creasing share of State budgets and duction and smart investments in The ACTING PRESIDENT pro tem- grow much more rapidly than State clean energy technology. pore. The clerk will call the roll. revenue growth, resulting in slow or no The Senate will vote this evening to The legislative clerk proceeded to growth in education, transportation, or advance the Repeal Big Oil Tax Sub- call the roll. public safety.’’ sidies Act. This legislation ends more Mr. JOHANNS. Mr. President, I ask The Nebraska impact tells the story. than $2 billion a year in tax breaks for unanimous consent that the order for The Governor commissioned a study in Big Oil, and it invests the savings in the quorum call be rescinded. Nebraska to see what the impact would the clean energy industry, where it will The ACTING PRESIDENT pro tem- be on the health care law on the State grow our economy and create jobs. pore. Without objection, it is so or- budget. Nebraska will spend an addi- Repealing wasteful subsidies will not dered. tional $526 million to $766 million over cause oil prices to go up. Repealing f the next 10 years on its Medicaid Pro- wasteful subsidies, I repeat, will not gram. The expansion could add up to cause oil and gas prices to rise. But re- ORDER OF PROCEDURE 145,000 Nebraskans to the Medicaid ducing America’s dependence on for- Mr. JOHANNS. Mr. President, I ask Program over the next decade. eign oil will cause prices to fall for unanimous consent to enter into a col- Currently, one in nine Nebraskans is sure. But if Republicans continue to loquy with my Republican colleagues enrolled in Medicaid. The new provi- follow in lockstep to the drums of oil for up to 30 minutes. sions of the law will expand eligibility companies making record profits, one The ACTING PRESIDENT pro tem- to one in five Nebraskans, 20 percent. thing will be obvious: Republicans care pore. Without objection, it is so or- Governor Heineman addressed this less about bringing down gas prices dered. issue. He said: This unfunded and un- than about helping oil companies that f paralleled expansion of Medicaid is an do not need help. Congress should pass unfair and unsustainable mandate on this legislation and do it quickly be- HEALTH CARE Nebraska and other States. The Fed- fore another taxpayer dollar is spent Mr. JOHANNS. Mr. President, I rise eral health care law is an extraor- on wasteful handouts to Big Oil. today to once again speak about a dinarily large and excessive unfunded

VerDate Mar 15 2010 00:48 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.003 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2011 mandate for States. It is potentially lower income, into Medicaid. Then the Let me, if I might, turn to our col- devastating to our State budget. costs to States are going to go up. league Senator HOEVEN. He was a Gov- Today, with me on the floor, I am The Senator from Nebraska talked ernor for 10 years in the State of North joined by two former Governors. All about what the current Governor of Dakota. Will the Senator please ex- three of us have had to deal with bal- Nebraska said. Our former Governor, plain the impact Medicaid expansion ancing budgets, and we had no choice Governor Bredesen, a Democratic Gov- would have on budget decisions as a but to make sure that at the end of our ernor, estimated that between 2014 and Governor and the impact the health legislative sessions, our budgets were, 2019 it would be $1.1 billion in new costs care bill is going to have on the Sen- in fact, balanced. for the State of Tennessee from the ator’s State. Senator ALEXANDER was vocal in Medicaid expansion. Mr. HOEVEN. I thank Senator speaking out against this policy during What most people do not realize is JOHANNS. It is good to be with him. the health care debate. He has a rather the effect this has on higher education Also, to Senator LAMAR ALEXANDER unique perspective because not only is and student tuition. I hear a lot of talk from the great State of Tennessee, it is he a former Governor, he is a former about let’s see if we can lower student great to be with him as well. We share, U.S. Secretary of Education. I would tuition. One way we can lower it is not I guess, the common experience of like the Senator to take a few minutes take money from student loans and serving as Governors and certainly and explain how this law is going to ef- spend it to pay for the health care bill. bring that perspective to our work in fect the health care system, our edu- Most people are not aware we spent $8.7 the Senate. cational system, our States, and for billion of so-called profits the govern- As Senator ALEXANDER just said, that matter our country. ment makes when it borrows money at there is no question ObamaCare is Mr. ALEXANDER. I thank the Sen- 2.8 percent and loans it to students at making the health care challenge in the United States worse, is making it ator. He has a unique perspective him- 6.8 percent. The government took some worse. We have to find a way to em- self as a former Cabinet member, Gov- of that money and spent it to pay for power our people. In our roles as Gov- ernor, and now Senator. But all three the health care bill. of us here today, including the former If it did not do that, it could lower ernors, before serving in the Senate, Governor of North Dakota, have wres- the interest rates on student loans, ac- that is what we tried to do. When it tled with this business of the rising cording to the Congressional Budget came to Medicaid, when it came to health care, it was how do we empower costs of Medicaid, paid for partly by Office, to 5.3 percent and save $2,200 per our people, whether it is health care or the States, according to rules set in student over 10 years on the basis. So anything else, in a way that not only Washington, and how do we deal with the health care law is costing students makes their lives better but that public education, especially higher who borrow money more on their makes sure we are fulfilling our re- education. loans. I remember during the debate two In addition, and I will close with this sponsibility as good stewards of the State’s treasury on behalf of the citi- years ago, I suggested to our colleagues example, it is raising college tuition. zens of our respective States. on the other side of the aisle who were You say: How could the health care law Last week was the second anniver- supporting the health care law, which I cause tuition to go up in California or sary of the Obama health care legisla- thought was an historic mistake be- Tennessee? If in Tennessee, as last tion—the second anniversary. The fact cause it expanded a health care deliv- year, the increase for Medicaid went up is, since that law was passed—and just ery system we already knew was too 15.8 percent. That is how much more 1 minute ago, Senator ALEXANDER ex- expensive, instead of taking steps to State tax dollars it had to go up. pressed some of the things he talked reduce it. I suggested to them that Spending for the University of Ten- about when that debate was had in the they go home and run for Governor. nessee and community colleges went Congress. But since that law was They ought to be sentenced to go home down 15 percent. Then the result of passed, over the past 2 years, Ameri- and run for Governor if they vote for it that was tuition went up in our State cans have become more unhappy with and see whether they can implement it by about 8 percent. That was true all the legislation. The Obama health care over an 8-year-period of time. across our country. legislation has actually become more Here is what the Senator from Ne- So the effect—and I will come back unpopular over the last few years as braska is suggesting. Let me try to be to this later if we have more time—is time has gone by because, quite sim- very specific on the effect of the health that the health care law mandates that ply, Americans do not want govern- care law on higher education in the the States spend more money on Med- ment-run health care. Americans do States. This is not all President icaid, and, as a result, the State cuts not want government-run health care. Obama’s fault. Some 30 years ago, the money it is spending for the Uni- That is what ObamaCare is. when I was a young Governor, I was versity of Tennessee or Nebraska or Americans want to be free to choose still struggling with saying: We get North Dakota. In order to keep the their own health care provider, their down to the end of the budget process quality of education up, tuition goes own doctors, their own hospitals. They and we have money either to put in up. So students are paying more for also want to be able to be free to higher education or into Medicaid, and tuition and they are paying more for choose their own health care insur- the rules from Washington say it has interest rates on their student loans di- ance. Frankly, they are going to do a to go to Medicaid. rectly because of the health care law. lot better job than having the Federal I remember going to see President President Obama should not be Government do it for them. That is Reagan and saying: Why do we not just blamed for the last 30 years of rising just a fact. Of course, that is very swap it, Mr. President? You take all of costs of Medicaid. But he should be much at issue now with the Supreme Medicaid. Let the States take elemen- held responsible and this health care Court deliberations, the judicial review tary and secondary education. I wish law should be held responsible for mak- they are undertaking now on the con- we had done that. But we did not do it. ing it worse. stitutionality of the individual man- Gradually, the increasing Washington- Mr. JOHANNS. Senator ALEXANDER dates in the Obama health care legisla- directed costs have distorted State has raised some excellent points there tion. budgets until, as the Senator from Ne- because Governors only have so much Of course, the question is, Is that in- braska said, 24 percent of the State revenue they can deal with; they can- dividual mandate constitutional? If it budgets go to the Medicaid program. not invent it, if you know what I am is, if they find that individual mandate Now we are in a process where be- saying. So Governors have to figure is constitutional, then is there any cause of the health care law, we are out what the needs of the State are. If limit to the government’s ability to in- going to add 25.9 million more Ameri- the Federal Government is taking that trude into the lives of our citizens? cans onto Medicaid, according to the decision away from Governors by forc- This is a huge question. If so, what Medicaid Chief Actuary. Employers are ing them into expanding their Med- happened to the concept of limited gov- going to decide: I would rather pay my icaid, there is going to be less money ernment, which was so carefully devel- $2,000 penalty and allow my employees available for programs such as K–12 oped by our Founding Fathers in our to go into the exchange or, if they are education, higher education. Constitution?

VerDate Mar 15 2010 00:48 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.005 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2012 CONGRESSIONAL RECORD — SENATE March 26, 2012 It seems to me that concept of lim- they cancel their insurance and default Mr. ALEXANDER. I thank the Sen- ited government is gone. That is an in- to the government-run insurance. But ator. I listened with interest to the credible problem for all of us that ex- it not only creates a problem for them former Governor of North Dakota and tends far beyond health care. As former in determining whether they are going the former Governor of Nebraska. Let Governors, we understand the need to to continue health care for their em- me give a specific example. In response limit government, whether it is the ployees—and our citizens have shown to the question, after the passage of local level—and the Senator was a they want the employer to continue the health care law, I met with a num- mayor. Senator JOHANNS was a mayor doing that, and it goes to whether they ber of representatives from chain res- in Lincoln, NE, before he was the Gov- hire more people. taurants. Chain restaurants are the ernor of Nebraska, now a Senator from Here we are with 8.3 percent unem- kind at which we go out to dinner for Nebraska, and he understands that one ployment, 13 million people looking for a modest cost. They are among the of the fundamental responsibilities of a work, and we are going to make it largest employers in America. They mayor, of a Governor, of a Senator is harder for small businesses to put them employ largely low-income and young to make sure we honor the Constitu- to work because they don’t know if people—people who are the waiters and tion and we limit the power of govern- they can comply with ObamaCare, let waitresses we see when we go into ment, at the local, the State, and the alone withstand the cost. That affects Ruby Tuesday or O’Charley’s or one of Federal level, to intrude into the lives every single American. these other places, and usually it is of our citizens. That is exactly what We need to change the approach. someone with a part-time job or some- our Founding Fathers were striving to That is what we are talking about body who is working his or her way up. do in the Constitution, the whole con- today. We are talking about an ap- Many of those companies offer some cept of checks and balances. proach where we can empower people health insurance to their employees. We have a legislative branch and a to choose their own health insurance At one of the companies, Ruby Tues- judicial branch and an executive and provider, an approach that encour- day, headquartered in Tennessee, the branch because that creates checks and ages competition, which will help bring chief executive officer told me the cost balances on the respective powers of costs down, giving our consumers more of the health care law to his company each branch. Why? To protect our citi- choice. We are here to talk about how would equal the profit of the company zens, to limit the reach of government. we work with States and small busi- that year. This is a company with sev- We have a bicameral Congress, the nesses to reduce costs, reduce fraud, eral billion dollars in revenue. House and the Senate, to make it hard- waste, and abuse. One of the companies that is even The President of AARP, Barry Rand, er to pass laws, not easier—to make it more successful than Ruby Tuesday in estimates that $100 billion is lost annu- harder to pass laws. Again, it is to pro- terms of profit, and is larger, told me ally in waste, fraud, and abuse under tect the people of this country. their goal was to have 90 employees per We have the 10th amendment that re- Medicaid. Think what our States could store. But after the health care law, do on behalf of their citizens in all 50 serves powers to the State not ex- they said they would have 70 employees States if we in the Congress, working pressly provided to the Federal Govern- per store in order to comply with the with an administration that will work ment; again, to limit the power of gov- cost of the health care law. This not with us, would empower the States to ernment and protect the people of this only raises the cost of business, but it go after that waste, fraud, and abuse by great country. Of course, that is what reduces employment in the United giving their citizens more say over we have in our Bill of Rights. That is States. their health care and by encouraging what it is all about. Unfortunately, I am afraid what we competition among insurance compa- So we have ObamaCare; it raises may find is these restaurant compa- nies to provide more choice, access, taxes by $1⁄2 trillion. It raises taxes $500 nies, after 2014—we are about 1 year and to go after that waste, fraud, and billion. It cuts Medicare $1⁄2 trillion, away from a ticking time bomb for abuse. $500 billion. Yet, at the same time, it There are so many things we can do, State budgets and businesses and also places huge costs, a huge burden on the but it is not through a big, monolithic, for people with employer health insur- States. The CBO now estimates that government-run insurance program ance. I am afraid these companies will over the next 10 years it will cost the that puts costs on the States and costs look at the penalty and say they would States $118 billion. That is $118 billion on its citizens. That is what we need to rather pay $2,000 per employee and let in costs to the States who are trying to change. We need to change it now. them find their way into one of these balance their budgets. They are al- Again, I thank Senator ALEXANDER State exchanges or into the Medicaid ready facing challenges in doing that, for being here and for his work to em- Program. and we will put that kind of huge cost power our people when it comes to Millions of Americans, because of the on them. health care. Also, I particularly thank health care law, are going to lose their At the same time, think of what it Senator JOHANNS for calling us to- employer-sponsored insurance, and does to our small businesses. Again, as gether to discuss this very important millions of Americans will not have as a Governor, I know how it was in my issue on behalf of the people of Amer- many jobs because of the costs imposed State. I think it was true when the ica. on businesses such as these res- Senator from Nebraska was Governor Mr. JOHANNS. Mr. President, I taurants. and when Senator ALEXANDER was Gov- thank Senator HOEVEN for his com- Mr. JOHANNS. The Senator raises a ernor of Tennessee. We understood that ments. He mentioned that job one for good point. I am mindful of our time job creation was job one. We had to every Governor is job creation. Before I limit. I am going to take a minute or make sure businesses were able to turn to Senator ALEXANDER, let me two to wrap up. I do think Senator work effectively, to compete, and to congratulate Senator HOEVEN. What- ALEXANDER and Senator HOEVEN both employ people. That is the engine that ever he did in that capacity worked. He raised very good points. drives our economy, the small busi- has the lowest unemployment rate of I look at the health care law and I nesses. any State. I am proud to say Nebraska often think, whoever wrote this law, When we look at ObamaCare, we look is No. 2 in that regard. who were they talking to? They cer- at what it does to the States—the $118 I will guarantee one thing you learn: tainly were not talking to our small- billion over 10 years—and look at the You don’t create jobs by putting a big and medium-sized businesses across costs it creates for small businesses wet blanket of more regulations on the this country. Why? Because just as and look at the confusion it creates in job creators. I worry that all these Senator ALEXANDER points out, there is trying to comply with all of this. What rules and regulations are going to have going to be a point where that business do small businesses do? The Senator a very damaging impact on job cre- owner, large or small, and in each and from Nebraska talked a minute ago ation. every spot in between, will look at the about, OK, what does the small busi- I would like Senator ALEXANDER to penalty of $2,000 per employee and say ness do? talk about that, what he sees as the it is vastly cheaper for them to drop Well, either, A, they try to comply, impact of this health care bill on job coverage and pay the penalty. In fact, and that drives up their costs or, B, creation in our States. we figured out what that savings would

VerDate Mar 15 2010 00:48 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.006 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2013 be for a large retailer in the United The legislative clerk proceeded to All government—indeed every human ben- States. It was over $1 billion a year. call the roll. efit and enjoyment, every virtue, and every Does anybody believe for a moment Mr. BOOZMAN. I ask unanimous con- prudent act—is founded on compromise and that they are not going to do what is sent that the order for the quorum call barter. right by their shareholders and pay be rescinded. Compromise and barter. That means that penalty and save $1 billion a year The ACTING PRESIDENT pro tem- give-and-take in order to work things by dropping health care coverage? Once pore. Without objection, it is so or- out. that dam breaks, the dam breaks. dered. I want to apply Burke’s famous apho- rism to the two leaders of the Environ- Then do you remember that promise f so often made—47 times? The President ment and Public Works Committee, said, ‘‘If you like your plan, you are HONORING OUR ARMED FORCES the chairman, Senator BARBARA BOXER going to be able to keep it.’’ Well, peo- STAFF SERGEANT JERRY REED II of California, and the ranking member, ple are not going to be able to keep it. Mr. BOOZMAN. Mr. President, we are Senator JIM INHOFE of Oklahoma—one They will lose their plans. reading in the news about the violence of the Senate’s leading liberals and one They certainly were not talking to in countries all around the world and of the Senate’s most dyed-in-the-wool Governors when they wrote this bill. are reminded about the tremendous conservatives. Any Governor would tell us that Med- sacrifice of American troops as they While Senators BOXER and INHOFE icaid is a broken system. It is literally protect and preserve the interests of openly acknowledge there is much they bankrupting State budgets under cur- our Nation. These men and women do not agree on, they both agree trans- rent circumstances. Then when we add serve with courage and honor and it is portation infrastructure is a smart in- 26 million more people to Medicaid, we our duty to honor and stand for those vestment in America’s road safety and begin to realize they are going to have who have stood for us. jobs. So they worked hard to craft a a serious access problem. Today, I am here to pay my respects consensus highway bill that three- Forty percent of doctors do not take to SSG Jerry Reed II, an Arkansas sol- quarters of the Senate could agree to Medicaid patients. Where are they dier who sacrificed his life for the love support. I have always believed this going to find their health care? As of his country while in support of Oper- kind of cooperation is the key to suc- many of us pointed out, it is like say- ation Enduring Freedom. cess. We can do great things for this ing to someone: Here is your bus tick- Staff Sergeant Reed graduated from country when we work together. et, travel anywhere you want—oh, by Russellville High School in 2000 and en- When I had the honor of leading the the way, there are not enough buses to listed in the Army. He served 4 years Environment and Public Works Com- haul all the people we have given tick- and then reenlisted in 2008 and served mittee, I also had the truly distinct ets to. in Iraq, Germany, Korea, and Afghani- pleasure of working with Senators That is what we are going to be fac- from both parties who understood ing—a growing access problem. Then, stan. Staff Sergeant Reed served as a tank driver and gunner with the Burke’s principle of barter and com- with the cuts to Medicare, they sure promise, such as John Warner of Vir- could not have been talking to Medi- Army’s 28th Infantry Brigade, 2nd Bat- talion, A Company at Grafenwoehr, ginia and John Chafee of Rhode Island. care providers because when they start So it is very gratifying to know that cutting reimbursement rates, which is Germany. His sister Katherine, in an interview tradition on the Environment and Pub- exactly what they are doing with $1⁄2 lic Works Committee continues to be trillion cut out of Medicare, they are with the Russellville Courier, spoke of strongly upheld by the chairman and going to have access problems there how he loved the military and planned the ranking member today. too. to make it a career. Staff Sergeant In working to craft the highway bill, All of a sudden senior citizens cannot Reed’s family and friends describe him both of these leaders faced pressures find a doctor. Don’t believe my state- as a man who would have had no trou- ment on that. Read the reports from ble fitting into the military, for he was not to compromise. Each had ample op- Richard Foster, the Chief Actuary at one who faced danger head on. He was portunity to give into those pressures CMS, who studied this and said these a protector and looked out for his and give up on the bill. But instead of are the consequences of this legisla- friends. He loved being outdoors and drawing lines in the sand and pointing tion. fishing and spending time with his fam- fingers, they chose to reach out their At the end of the day it is pretty ily. hands and meet in the middle. They clear to all of us that this is a failed On February 16, 2012, Staff Sergeant talked to each other and, more impor- policy that was quickly put together, Reed passed away while serving in Af- tantly, they listened. They opted for rammed through to roll over the mi- ghanistan. Staff Sergeant Reed made pragmatism over ideology. They dis- nority and get this done. We ended up the ultimate sacrifice for his country. agreed without being disagreeable. with a very failed piece of legislation. He is a true American hero. They worked closely with Senator VIT- The American people do not like this I ask my colleagues to keep his fam- TER and myself to incorporate the best legislation any better than the day it ily and his friends in their thoughts ideas from all sides. Ultimately, those was passed. In fact, they like it less. and prayers during this very difficult good-faith efforts prevailed when the The more they learn about this legisla- time, and I humbly offer thanks to committee reported our highway bill tion, the less they like it. SSG Jerry Reed for his selfless service title with unanimous support. I will wrap up with one thought. We to the security and well-being of all We continued working together to all know the Supreme Court is hearing Americans. meld that product with contributions arguments on this case these days. It is Mr. President, I suggest the absence from the Banking Committee and the my hope the Supreme Court will inter- of a quorum. Commerce Committee, along with a vene and decide that this law is in fact The ACTING PRESIDENT pro tem- fiscally responsible plan to pay for this unconstitutional, and then we can pore. The clerk will call the roll. investment from the Finance Com- build a health care law the way it The legislative clerk proceeded to mittee. should be done—a step at a time, con- call the roll. Earlier this month, 75 percent of the sulting with medical providers and Mr. BAUCUS. Mr. President, I ask Senate came together to pass a high- Governors all across this country to unanimous consent that the order for way bill that will create or sustain ap- build a policy that makes sense for the the quorum call be rescinded. proximately 1.8 million American jobs health care system and our citizens. The ACTING PRESIDENT pro tem- each year. That is according to the De- That is what should have been done in pore. Without objection, it is so or- partment of Transportation. What a the first place. That is what we need to dered. tremendous achievement reached by do. f working together—creating or sus- With that, I yield the floor and sug- taining 1.8 million jobs a year. For my gest the absence of a quorum. SURFACE TRANSPORTATION ACT State of Montana, this bill will create The ACTING PRESIDENT pro tem- Mr. BAUCUS. Mr. President, the or sustain 14,000 jobs each year, and it pore. The clerk will call the roll. British statesman Edmund Burke said: cuts through redtape to put people to

VerDate Mar 15 2010 00:48 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.009 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2014 CONGRESSIONAL RECORD — SENATE March 26, 2012 work on those jobs even faster. It gives story about seeing health reform ready working with more than 7,100 or- the State of Montana and our local signed into law with her local news- ganizations—hospitals, physicians, communities the flexibility they need paper. She said she cried tears—tears consumer groups, and employers in- to fund the alternative transportation of extreme joy. She wrote: cluded—to reduce costly hospital re- projects that work best for them. It in- I knew that I no longer had to worry about admissions. vests in the Land and Water Conserva- losing or being denied coverage because of Health reform provides law enforce- tion Fund and continues a vital pro- my ‘preexisting condition.’ And I no longer ment with new tools and resources to gram to support our timber commu- was going to be denied coverage for exceed- protect Medicare and Medicaid from nities. It does it all without adding one ing arbitrary caps set by insurance compa- fraud and abuse. These efforts recov- nies. single dime to the Federal deficit. ered more than $4 billion last year. Simply put, this bill is an investment Cece’s story is not unique. Health re- New antifraud provisions in the act, in in jobs we can’t afford to pass up. That form is working for people in Montana the health care bill, helped recover is why this weekend Montana’s largest and across the country, and it is saving more than $4 billion in fraud last year. newspaper, the Billings Gazette, called them money. The law improved our Just a few weeks ago, Federal agents on the House to pass the Senate bill, health care system and enabled it to made the largest Medicare fraud bust and I join that call today. focus on prevention and keeping Amer- in U.S. history. Ninety-one people were The current highway bill expires at icans healthy. We have reforms to pay charged with defrauding taxpayers for the end of this month, and the con- for quality of care rather than quan- nearly $300 million. struction season is starting soon. As tity of services. In just 2 years, health More parts of the affordable care act the Gazette notes, a short-term exten- reform has lowered costs for millions of that will help consumers will start in sion doesn’t provide the certainty we Americans. Parents can now afford to the year 2014, including the State-based need to get highway projects off the cover their entire family, including affordable insurance exchanges. On ground and workers on the job. We can- children up to the age of 26. More than not afford to put these jobs on hold by these exchanges people will be able to 2.5 million young adults have been able save money. How? By shopping for an kicking the can down the road—espe- to stay on their parents’ plan thanks to cially when we don’t have to, and, also, insurance plan that is right for them. health reform. It is like getting on Expedia or Orbitz: especially when we don’t have much Prescription drugs are now cheaper you just get on and shop around and more road to kick the can. for seniors because of the act. Already find the one that is best for you. The Senate bill is the product of more than 5 million Medicare bene- For too long, individuals and small months of debate and cooperation, of ficiaries have saved more than $3 bil- businesses shopping for insurance on give-and-take from all sides, carefully lion on drugs. Again, that is $3 billion their own have had very limited op- crafted into a bipartisan investment we saved by seniors on drugs, and health tions. The plans that were available can all be proud to support. It has al- reform eliminates the so-called Medi- were often too expensive. Now, for the ready passed the test of overwhelm- care prescription drug doughnut hole. first time, insurance companies will ingly bipartisan support in the Senate, This puts dollars back in seniors’ pock- have to compete against each other for and there is no reason the House should ets—dollars they can use for groceries business on a level playing field. That not take up this bill and pass it right or electricity bills. away. Seniors now receive free annual will mean lower premiums, better cov- The House should understand that we wellness visits and free screenings. erage, and more choices. need to work together to achieve solu- This focus on prevention leads to bet- Health reform has also reduced gov- tions upon which the American people ter health outcomes, and it keeps them ernment costs by dramatically slowing can rely. Edmund Burke understood healthier. It saves money by allowing the growth in spending. According to that. Thankfully, Senators BOXER and seniors and their doctors to catch con- our nonpartisan scorekeeper, the Con- INHOFE clearly understand it too. I ditions such as high blood pressure and gressional Budget Office, health reform thank them for that. diabetes before they become serious slowed the growth in health spending f and costly. by 4 percent. That will save taxpayer AFFORDABLE CARE ACT Health reform also helps those who dollars and help get our deficit problem under control. Mr. BAUCUS. Mr. President, Presi- wish to retire early to afford insurance until they qualify for Medicare. The We need to let the law keep working dent Truman once said, ‘‘Healthy citi- to save families and taxpayers more zens constitute our greatest national law has provided almost $4.5 billion in aid to businesses to give early-retiree money. The Congressional Budget Of- resource.’’ fice tells us that repealing the afford- Two years ago last week we passed coverage to these employees. Let me able care act—repealing it now—would the affordable care act. We passed it to repeat that. The law has provided al- increase the Federal deficit by nearly help give every American access to most $4.5 billion in aid to businesses to $143 billion over the next decade. Re- quality affordable health care. enable them to give early-retiree cov- People such as Cece Whitney from erage for their employees. peal would cost the Federal deficit $143 Helena, MO, know exactly how much Health reform is also saving Ameri- billion over the next decade according help this law provides. Doctors diag- cans money through new consumer to the Congressional Budget Office, and nosed Cece with cystic fibrosis by age protections. It is ending insurance it would increase the deficit by more 7. By high school she carried an oxygen company abuses. Medical loss ratios is than $1 trillion in the decade after tank. By the end of college she re- one that comes to my mind. Because of that. ceived a double lung transplant. Even health reform, parents can now keep Repealing health reform would also with insurance coverage Cece and her their kids who have preexisting condi- leave tens of millions of Americans family paid tens of thousands of dollars tions on their plan, and insurance com- without insurance. Studies have shown out of pocket. But things looked even panies can no longer exclude these this would cost every American family worse when she hit an arbitrary cov- children. Insurance companies can no an extra $1,000 a year. That is some- erage limit, and if she had lost her in- longer place lifetime and restrictive thing we cannot afford. The affordable surance before health reform she might yearly limits on their health coverage care act has already saved millions of not have been able to find any insur- that can cost Americans such as Cece Americans money and helped them get ance coverage at all. Whitney tens of thousands of dollars, affordable health care, and millions Insurance companies could have and insurance companies can no longer more will gain access in the coming turned her away simply because she go back and scrutinize applications for years. Healthy citizens are, indeed, the was born with cystic fibrosis. But now, tiny errors as a way to deny payments greatest asset our country has. We thanks to the affordable care act, Cece after a customer gets sick. need to let health reform keep working will always be covered. She will always Health reform has also created the for all Americans. have access to the care she needs. Medicare and Medicaid Innovation Cen- I yield the floor. A year ago, on the affordable care ter to put good ideas from the private The ACTING PRESIDENT pro tem- act’s first anniversary, Cece shared her sector into action. The center is al- pore. The Senator from Arizona.

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.011 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2015 CHENEY WELL WISHES of more than 3 percent of GDP are regarded Supreme Court cases of our time. A as a sign of a government that has lost con- Mr. KYL. Mr. President, first I would Wall Street Journal editorial noted trol of its finances. last Friday: like to take a moment to wish Vice Right now, total federal debt exceeds 100 President Cheney well as he recovers percent of GDP. The deficit is 8.5 percent of Few legal cases in the modern era are as from his big-time heart transplant sur- GDP. And that’s the lowest it’s been in four consequential, or as defining, as the chal- gery. My wife Caryll and I have him in years. lenges to [this law]. . . . The powers that the The Ryan budget would get the annual def- Obama administration is claiming change our thoughts and prayers, and we send the structure of the American government as our best wishes to him and to his en- icit below 3 percent of GDP by 2015. At the end of the 10-year planning horizon, total it has existed for 225 years. . . . The Con- tire family. I am sure ‘‘the Angler,’’ as federal debt would be an estimated 87 per- stitutional questions the Affordable Care Act he was called, would rather be out fish- cent of GDP, barely out of the red zone. poses are great, novel, and grave. ing in Wyoming on the Snake River, Despite the caterwauling of critics, Ryan The editorial, entitled ‘‘Liberty and where I know he has been very happy. doesn’t achieve this through brutal budget ObamaCare,’’ lays out the constitu- I hope he can get back out West soon. cuts. Quite the contrary. tional problems with the affordable In the meantime, I know he is fortified Under Ryan’s budget, federal spending health care act and focuses on the bill’s by his wonderful family, his wife Lynn, would increase from $3.6 trillion today to $4.9 trillion 10 years from now. That’s an average centerpiece: the individual mandate to his two daughters, and his grand- annual rate of increase of around 3 percent. purchase health insurance. As the edi- children. We wish him all the best. Hardly a starvation diet. torial notes, the case against this pro- f What is the alternative to Ryan’s plan to vision is anchored in ample constitu- get the federal government out of the red RYAN BUDGET tional precedent, and I quote their con- zone on debt and deficits? It certainly isn’t clusion: Mr. KYL. In a recent column in the President Barack Obama’s budget. The Commerce Clause that the government Arizona Republic, my friend Bob Robb Under Obama’s budget, the annual deficit wouldn’t get under 3 percent of GDP until invokes to defend such regulation has always laid out a very thoughtful contrast be- applied to commercial and economic trans- tween President Obama’s budget and 2017. That would mean eight consecutive years of exceeding the deficit speed limit. actions, not to individuals as members of so- the alternative put forth by House That’s not a country in control of its fi- ciety. . . . The Court has never held that the Budget Committee chairman PAUL nances. Commerce Clause is an ad hoc license for RYAN, which the House of Representa- Under Obama’s budget, the country would anything the government wants to do. tives will be acting on this week. In his never get below 100 percent of GDP in terms I urge my colleagues to read this ar- column Robb notes that the Ryan of total debt. After 10 years, the country ticle, and I ask unanimous consent budget would get the Federal deficit would still be deep in the red zone. that it be printed in the RECORD. below 3 percent of GDP by 2015 and Rather than increase federal spending to There being no objection, the mate- $4.9 trillion over 10 years, Obama would in- rial was ordered to be printed in the after a decade would reduce our debt- crease it to $5.8 trillion—or nearly 5 percent to-GDP ratio from today’s 100 percent a year, compared with Ryan’s 3 percent. RECORD, as follows: to about 87 percent or just under the Obama’s tax increases aren’t really to re- [The Wall Street Journal, Mar. 22, 2012] share many economists believe affects duce the deficit, as he claims. They are to LIBERTY AND OBAMACARE private sector economic performance support his higher rate of growth in spend- Few legal cases in the modern era are as and casts doubt on the government’s ing. Right now, there’s not a political urgency consequential, or as defining, as the chal- ability to even repay its obligations. lenges to the Patient Protection and Afford- Robb explains that ‘‘despite the cater- to do something meaningful about debt and deficits because the federal government can able Care Act that the Supreme Court hears wauling of critics, Ryan doesn’t borrow a seemingly unlimited amount of beginning Monday. The powers that the achieve this through brutal budget money at very low interest rates. Obama Administration is claiming change cuts. Quite the contrary.’’ He explains But that could change. And it could change the structure of the American government as why the Ryan budget would allow overnight. And if it changes, the federal gov- it has existed for 225 years. Thus has the spending to increase about 3 percent ernment will have to take action much more health-care law provoked an unprecedented drastic and quicker than the relatively and unnecessary constitutional showdown each year, compared to the Obama that endangers individual liberty. budget’s about 5 percent annual in- gentle and gradual pathway provided by the Ryan budget. It is a remarkable moment. The High creases, and he concludes that low in- The most controversial parts of the Ryan Court has scheduled the longest oral argu- terest rates are currently muting the budget—tax reform and Medicare reform— ments in nearly a half-century: five and a effects of our growing debt on the econ- are actually irrelevant to the task of getting half hours, spread over three days. Yet omy, but it could change overnight. out of the red zone for debt and deficits. The Democrats, the liberal legal establishment ‘‘And if it changes, the federal govern- tax reform is intended to be revenue-neutral. and the press corps spent most of 2010 and ment will have to take action much The Medicare reform doesn’t kick in until 2011 deriding the government of limited and after the 10-year planning horizon of the enumerated powers of Article I as a quaint more drastic and quicker than the rel- artifact of the 18th century. Now even Presi- atively gentle and gradual pathway budget resolution. It’s intended to reduce the debt problem of the future, not get us out of dent Obama and his staff seem to grasp their provided by the Ryan budget.’’ our current hole. constitutional gamble. I hope Senators will take a few mo- If Democrats were serious about doing Consider a White House strategy memo ments to review this column in its en- something about debt, there would be room that leaked this month, revealing that sen- tirety. I ask unanimous consent that it for discussion about changes to the Ryan ior Administration officials are coordinating be printed in the RECORD. blueprint. The Simpson-Bowles Commission with liberal advocacy groups to pressure the There being no objection, the mate- proposed tax reform similar to what Ryan Court. ‘‘Frame the Supreme Court oral argu- ments in terms of real people and real bene- rial was ordered to be printed in the advocates, lower rates on a broader base, but in a way that increases revenues to the gov- fits that would be lost if the law were over- RECORD, as follows: ernment. Ryan proposes spending $440 billion turned,’’ the memo notes, rather than ‘‘the [From the Arizona Republic, Mar. 23, 2012] more on defense over 10 years than does individual responsibility piece of the law and the legal precedence [sic].’’ Those non- RYAN HAS A LESS-PAINFUL DEBT PLAN Obama. The relative allocations within the Ryan spending limits are certainly arguable. political details are merely what ‘‘lawyers (By Robert Robb) But Democrats aren’t serious, so the Ryan will be talking about.’’ Critics of Rep. Paul Ryan’s proposed budg- budget is the only current alternative to just The White House is even organizing dem- et resolution are almost universally waiting for the credit markets to start say- onstrations during the proceedings, includ- unserious about getting federal debt and ing no. If that day arrives, the Ryan plan ing a ‘‘ ‘prayerful witness’ encircling the Su- deficits under control. The country will be will look awfully lovely in retrospect. preme Court.’’ The executive branch is sup- very lucky if it gets a chance to implement posed to speak to the Court through the So- f as gentle and gradual a path to fiscal sobri- licitor General, not agitprop and crowds in ety as the Ryan plan outlines. HEALTH CARE the streets. Economists believe there are two red lines Mr. KYL. Mr. President, as we know, The Supreme Court will not be ruling for debt and deficits. If accumulated debt ex- about matters of partisan conviction, or the ceeds 90 percent of GDP, it begins to affect today the Supreme Court began hear- President’s re-election campaign, or even private-sector economic performance and ing arguments about the constitu- about health care at all. The lawsuit filed by raise questions about the ability of the gov- tionality of the affordable care act. It 26 states and the National Federation of ernment to pay it back. And annual deficits is one of the most critically important Independent Business is about the outer

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.013 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2016 CONGRESSIONAL RECORD — SENATE March 26, 2012 boundaries of federal power and the architec- has been repeatedly asked to articulate some Meanwhile, some on the right are treating ture of the U.S. political system. benchmark that distinguishes this specific this case as a libertarian seminar and root- The argument against the individual man- individual mandate from some other pur- ing for the end of the New Deal precedents. date—the requirement that everyone buy chase mandate that would be unconstitu- But the Court need not abridge stare decisis health insurance or pay a penalty—is care- tional. Justice has tried and failed, because a and the plaintiffs are not asking it to do so. fully anchored in constitutional precedent limiting principle does not exist. The Great Depression farmer in Wickard, and American history. The Commerce Clause The best the government can do is to claim Roscoe Filburn, was prohibited from growing that the government invokes to defend such that health care is unique. It is not. Other wheat, and that ban, however unwise, could regulation has always applied to commercial industries also have high costs that mean be reinstated today. Even during the New and economic transactions, not to individ- buyers and sellers risk potentially cata- Deal the government never claimed that uals as members of society. strophic expenses—think of housing, or cred- nonconsumers of wheat were affecting inter- This distinction is crucial. The health-care it-card debt. Health costs are unpredict- state wheat prices, or contemplated forcing and health-insurance markets are classic able—but all markets are inherently unpre- everyone to buy wheat in order to do so. interstate commerce. The federal govern- dictable. The uninsured can make insurance The crux of the matter is that by arro- ment can regulate broadly—though not with- pools more expensive and transfer their costs gating to itself plenary police powers, the out limit—and it has. It could even mandate to those with coverage—though then again, government crossed a line that Justice An- that people use insurance to purchase the similar cost-shifting is the foundation of thony Kennedy drew in his Lopez concur- services of doctors and hospitals, because bankruptcy law. rence. The ‘‘federal balance,’’ he wrote, ‘‘is then it would be regulating market partici- The reality is that every decision not to too essential a part of our constitutional pation. But with ObamaCare the government buy some good or service has some effect on structure and plays too vital a role in secur- is asserting for the first time that it can the interstate market for that good or serv- ing freedom for us to admit inability to in- compel people to enter those markets, and ice. The government is asserting that be- tervene when one or the other level of gov- only then to regulate how they consume cause there are ultimate economic con- ernment has tipped the scale too far.’’ health care and health insurance. In a word, sequences it has the power to control the The constitutional questions the Afford- the government is claiming it can create most basic decisions about how people spend able Care Act poses are great, novel and commerce so it has something to regulate. their own money in their day-to-day lives. grave, as much today as they were when they This is another way of describing plenary The next stops on this outbound train could were first posed in an op-ed on these pages by the Washington lawyers David Rivkin and police powers—regulations of private behav- be mortgages, college tuition, credit, invest- Lee Casey on September 18, 2009. The appel- ior to advance public order and welfare. The ment, saving for retirement, Treasurys, and late circuits are split, as are legal experts of problem is that with two explicit exceptions who knows what else. (military conscription and jury duty) the Confronted with these concerns, the Ad- all interpretative persuasions. The Obama Administration and its allies Constitution withholds such power from a ministration has echoed Nancy Pelosi when are already planning to attack the Court’s central government and vests that authority she was asked if the individual mandate was credibility and legitimacy if it overturns the in the states. It is a black-letter axiom: Con- constitutional: ‘‘Are you serious?’’ The polit- Affordable Care Act. They will claim it is a gress and the President can make rules for ical class, the Administration says, would purely political decision, but this should not actions and objects; states can make rules never abuse police powers to create the pro- sway the Justices any more than should the for citizens. verbial broccoli mandate or force people to law’s unpopularity with the public. The framers feared arbitrary and central- buy a U.S.-made car. The stakes are much larger than one law ized power, so they designed the federalist But who could have predicted that the gov- or one President. It is not an exaggeration to system—which predates the Bill of Rights— ernment would pass a health plan mandate say that the Supreme Court’s answers may to diffuse and limit power and to guarantee that is opposed by two of three voters? The constitute a hinge in the history of Amer- accountability. Upholding the ObamaCare argument is self-refuting, and it shows why ican liberty and limited and enumerated mandate requires a vision on the Commerce upholding the rule of law and defending the government. The Justices must decide if Clause so broad that it would erase dual sov- structural checks and balances of the separa- those principles still mean something. ereignty and extend the new reach of federal tion of powers is more vital than ever. general police powers into every sphere of Another Administration fallback is the Mr. KYL. Finally, continuing on the what used to be individual autonomy. Constitution’s Necessary and Proper Clause, point about the argument on These federalist protections have endured which says Congress can pass laws to execute ObamaCare and referring to a different despite the shifting definition and scope of its other powers. Yet the Court has never piece that appeared in the Wall Street interstate commerce and activities that sub- hesitated to strike down laws that are not Journal, I wanted to talk just a little stantially affect it. The Commerce Clause based on an enumerated power even if bit in more detail about the justifica- was initially seen as a modest power, meant they’re part of an otherwise proper scheme. tion of this mandate to purchase to eliminate the interstate tariffs that pre- This clause isn’t some ticket to justify in- health insurance, the requirement that vailed under the Articles of Confederation. herently unconstitutional actions. James Madison noted in Federalist No. 45 In this context, the Administration says every individual in the United States that it was ‘‘an addition which few oppose, the individual mandate is necessary so that be the recipient of a specifically de- and from which no apprehensions are enter- the Affordable Care Act’s other regulations fined policy by the U.S. Government. tained.’’ The Father of the Constitution also ‘‘work.’’ Those regulations make insurance The rationale the government has noted that the powers of the states are ‘‘nu- more expensive. So the younger and provided is that if we do not do this, merous and infinite’’ while the federal gov- healthier must buy insurance that they may then free riders or people who do not ernment’s are ‘‘few and defined.’’ not need or want to cross-subsidize the older have insurance but might get sick will That view changed in the New Deal era as and sicker who are likely to need costly end up shifting all of the burden of the Supreme Court blessed the expansive care. But that doesn’t make the other regu- their care onto the rest of us, and powers of federal economic regulation under- lations more ‘‘effective.’’ The individual stood today. A famous 1942 ruling, Wickard mandate is meant to offset their intended fi- therefore the government needs to reg- v. Filburn, held that Congress could regulate nancial effects. ulate that by forcing everybody to buy growing wheat for personal consumption be- Some good-faith critics have also warned insurance. On March 20 the Journal cause in the aggregate such farming would that overturning the law would amount to published a piece by Douglas Holtz- affect interstate wheat prices. The Court re- conservative ‘‘judicial activism,’’ saying Eakin and Vernon Smith, a former affirmed that precedent as recently as 2005, that the dispute is only political. This is re- CBO Director and an economics pro- in Gonzales v. Raich, regarding homegrown ductive reasoning. Laws obey the Constitu- fessor, respectively, which I think real- marijuana. tion or they don’t. The courts ought to defer ly debunks this argument on the mer- The Court, however, has never held that to the will of lawmakers who pass bills and the Commerce Clause is an ad hoc license for the Presidents who sign them, except when its. It explains the real reason this anything the government wants to do. In those bills violate the founding document. mandate, as well as a dramatic expan- 1995, in Lopez, it gave the clause more defini- As for respect of the democratic process, sion of Medicaid, is unconstitutional. I tion by striking down a Congressional ban on there are plenty of ordinary, perfectly con- just wanted to highlight the points carrying guns near schools, which didn’t rise stitutional ways the Obama Democrats could they make. to the level of influencing interstate com- have reformed health care and achieved the First, Holtz-Eakin and Smith address merce. It did the same in 2000, in Morrison, same result. They could have raised taxes to this individual mandate question. about a federal violence against women stat- fund national health care or to make direct States, of course, have general police ute. cross-subsidy transfers to sick people. They power to regulate the conduct of their A thread that runs through all these cases chose not to avail themselves of those op- is that the Court has always required some tions because they’d be politically unpopu- citizens, but Federal power, by con- limiting principle that is meaningful and can lar. The individual mandate was in that trast, is very limited over individuals. be enforced by the legal system. As the Af- sense a deliberate evasion of the account- The authors make the important fordable Care Act suits have ascended ability the Constitution’s separation of pow- point that heath care policy has tradi- through the courts, the Justice Department ers is meant to protect. tionally been a State function. Health

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.017 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2017 care needs relate to individuals and have to have food on the table or shel- ObamaCare provides no means for com- vary from person to person and region ter over their head or clothes on their plying with the individual mandate to region. As a policy matter, States back and so on. In any event, they say other than enrolling in Medicaid. In have a better understanding of what health care is different and somehow their brief to the Supreme Court, the kind of improvements to health care this difference gives Congress the right States suing over the Medicaid expan- access are needed. to force people to buy government- sion said it best: Here is what they wrote: mandated health insurance under its When Congress mandates that Medicaid-el- The administration’s attempt to fashion a power to regulate interstate commerce. igible individuals maintain insurance, but singular, universal solution is not necessary But the argument that ‘‘this particular provides no alternative means for them to to deal with the variegated issues arising in market is just different’’ is beside the obtain it, it is impossible to label the States’ these markets. States have taken the lead in point even if it were true because it participation in Medicaid voluntary. past reform efforts. They should be an inte- does not articulate a constitutional If it is the only way someone can get gral part of improving the functioning of it, it is not voluntary. health-care and health-insurance markets. limitation that is judicially enforce- able. Well, ObamaCare, as a whole, cannot If the States have the legal power to The question before the Court is survive without these unconstitutional address health issues and are better whether there is any limit to provisions, and these are the reasons I equipped to do so, then where does the Congress’s power to regulate com- believe it will and can be struck down justification for Federal jurisdiction merce. Obviously, the Framers would as unconstitutional. come from? The authors note that the never have countenanced a Federal re- f administration’s argument is that the quirement to purchase a product so MISSILE DEFENSE Federal Government mandate is needed that the government could then regu- to address the cost-shifting, the thing I late it. So what limit on constitutional Mr. KYL. Mr. President, the last sub- talked about before. But they note that power is suggested by the health care ject I would like to comment on is an this is a red herring. ‘‘In reality,’’ the market? None. That is precisely the unrelated subject. It has to do with authors write, ‘‘the mandate has al- point. The government cannot draw a comments the President was overheard most nothing to do with cost-shifting.’’ line, and, as a result, it would have to making in a meeting he was holding That is because, in actuality, the argue that there is no limit to its pow- with Russian President Dmitri young and the healthy—the people who ers, and that, of course, would run Medvedev at the Nuclear Security are not buying health insurance— counter to the reason the Framers put Summit in South Korea. He had a hot aren’t imposing much of a burden on limitations into the Constitution. mike which captured comments he was the system because they do not get The individual mandate is not the making privately to President sick that often. They do not need as only provision in ObamaCare that is Medvedev. He requested a little space, much insurance because they do not constitutionally impermissible. The as he put it, in negotiations over mis- need as much health care. The authors Medicaid expansion is also violative. sile defense issues until after the elec- say that ‘‘the insurance mandate can- While Congress has well-established tion when he said he would have more not reasonably be justified on the power to use its purse strings to en- flexibility. ground that it remedies costs imposed courage the States to adopt certain Well, obviously, this presents a prob- on the system by the voluntarily unin- Federal policies, it cannot force them lem that is going to have to be dis- sured.’’ In other words, as I said, there or compel them to do so. ObamaCare’s cussed with the Congress because if the is not that much free-riding going on. Medicaid expansion essentially coerces President is, in effect, saying he would The authors conclude that the real the States into complying with new like to make a deal to limit U.S. mis- purpose of the mandate is not to de- Medicaid policies. sile defenses now, but he would be ac- crease the costs of uncompensated This occurs in two different ways. countable to the American public if care, it is meant to force the young and First, if a State does not comply with they became aware of it before his re- the healthy to buy health insurance at the ObamaCare eligibility expansion, it election bid, it would be very difficult rates far above the amount and scope would lose all of its Federal Medicaid for him to make the kind of conces- of coverage they actually need because funds—even for patient populations sions that President Medvedev wants. they are generally healthy individuals. that the State had already covered But if the Russian President would just But this extra money will help fund long before ObamaCare was passed. wait until after the next election, then health insurance companies and there- Few if any States would be able to con- the President will have more flexibility fore offset the huge increased costs im- tinue their existing Medicaid Programs to work with the Russians on what posed upon them by ObamaCare’s many if they lost all of this Federal funding. they want. new regulations. This is the real reason An amicus brief signed by over 100 Well, President Medvedev very help- for the individual mandate. In fact, as economists examined Medicaid data to fully said: I will pass this on to Vladi- an amicus brief by over 100 economists determine the economic impact of mir. points out, ‘‘The [Affordable Care] Act States losing all of their Medicaid Here are a few things we know: We is projected to impose total net costs of funds, and it found that if States were know President Obama canceled plans $360 billion on health insurance compa- forced to absorb Federal Medicaid ex- to station antiballistic defense systems nies from 2012 to 2021.’’ With the man- penditures into their own State budg- in Poland and the Czech Republic. We dates, however, ‘‘insurance companies ets, ‘‘the State’s total budgetary ex- know the President supported language can be expected to essentially break penditures would jump by 22.5 per- in a new START treaty to link missile even.’’ This is no coincidence. cent.’’ In other words, there is no real defense to nuclear reduction. We know If this is the real justification for the choice. The options for States are to do the administration is sharing informa- mandate to purchase health care, I sub- as the Federal Government says or tion with Russia, including plans to de- mit it should have been done through leave Medicaid, which by now is so ploy missile defenses in Europe. We an enumerated power—perhaps under engrained in the care for the indigent know the President has significantly the tax power of the Federal Govern- that unwinding it, in effect, disentan- reduced funding for and curtailed de- ment, which is at least one of the pow- gling it from existing Federal-State re- velopment of the U.S. national missile ers the Constitution explicitly pro- lationships, would be virtually impos- defense system, undermining our abil- vides. sible and would obviously jeopardize ity to effectively intercept long-range In any event, this individual mandate care for the population without other ballistic missiles, and we know the cannot be justified to regulate inter- health coverage. This is coercion, plain President has doubled down on efforts state commerce. The supporters of the and simple. It is unconstitutional. to reduce our nuclear arsenal while mandate have therefore introduced a Second, ObamaCare expands Med- failing to honor his promises to mod- second argument. They say health care icaid eligibility to everyone under 138 ernize the aging nuclear weapon com- is just different from all other com- percent of the Federal poverty level. plex. merce. It is bigger. Everybody has to For individuals who make less than 138 What we don’t know is what Presi- have health care—as if they did not percent of the poverty level, dent Obama has in mind for working

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.018 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2018 CONGRESSIONAL RECORD — SENATE March 26, 2012 with the Russians after his reelection even worse. That is the Democrats’ re- In 2008, oil prices shot up in July to when he would—as he put it—have sponse to high gas prices, to make nearly $150 a barrel, and then by the some flexibility in negotiating with them even worse. They are starting to end of the year crashed to $35. In the them. Perhaps the Russians in whom wonder if this might as well be the beginning of 2011, oil prices took off the President confided could shed some Democrats’ official slogan: Vote for us, again, climbing to over $110 per barrel light on missile defense plans. Then and we will make things worse. Be- in May. Then they began falling. In Oc- perhaps the President should shed that cause whether it is jobs or debt or tober oil traded at $75 per barrel, a light on these negotiations with the spending or gas prices, that is the drop of more than 30 percent over 4 American people before discussing Democratic record, which leads me to months. them with the Russians. health care. Now 5 months later oil prices are I yield the floor. Today, as we all know, the Supreme back up to nearly $110 a barrel. This f Court began hearing arguments on the unpredictable and incessant price vola- President’s health care law. Among tility is burdening American con- RECOGNITION OF THE MINORITY other things, the Court will consider sumers and businesses with both uncer- LEADER whether the mandate at the core of tainty and expense. The ACTING PRESIDENT pro tem- this law is constitutional. As one of the Some in the media are blaming re- pore. The Republican leader is recog- many public officials who filed a brief cent events in the Middle East for the nized. before the Court opposing this law, I latest oil price spikes, but Middle East f believe strongly the law is, in fact, un- instability cannot explain these large gyrations. We have seen uncertainty, FACING THE ISSUES constitutional, and I hope the Court agrees. unrest, and armed conflict in that re- Mr. MCCONNELL. Mr. President, as Even if the Court ends up disagreeing gion for more than 50 years without Americans filled up their cars with gas with me, the case for repeal becomes seeing this same pattern of extreme this weekend, I am sure a lot of them increasingly difficult to refute. The price volatility in oil prices. That vola- wondered how much higher gas prices President was right to seek reform, but tility has become a feature of U.S. oil could actually go. Well, today the the bill he gave us and the Democrats markets over the last 7 years. Democratic-controlled Senate plans to forced through Congress on a party- There is something else at work be- send these folks a message: If they had line vote is not working. Instead of hind the spikes and sudden drops in the their way, gas prices would be even lowering costs, it is increasing them. price of oil and other commodities in higher. Instead of strengthening Medicare, it recent years, and we have strong evi- Today Democrats will propose rais- raided Medicare. Instead of helping dence showing what it is. It is the in- ing taxes on America’s energy manu- States, it has created financial burdens creasing role of market speculators facturers, something common sense they cannot even bear. Instead of low- betting on price swings. and basic economics tell us will lead to ering insurance premiums, it has For years now the Permanent Sub- even higher prices at the pump. This is caused them actually to go up. committee on Investigations, which I the Democratic response to high gas When it comes to jobs, some have chair, has been digging into the prob- prices, and, frankly, I cannot think of called the law the single biggest det- lem of excessive speculation in the a better way to illustrate how com- riment to job creation in America right commodity markets. Since 2002, the pletely and totally out of touch they now, and most Americans believe it is subcommittee has conducted a series of are on this issue. That is why Repub- unconstitutional. This law is a mess, investigations into commodities pric- licans plan to support moving forward an absolute mess, and regardless of ing, in particular focusing on how spec- on a debate over the legislation be- what the Court decides, it needs to be ulators have changed the game. Our in- cause it is a debate the country de- repealed and replaced with common- vestigations have used specific case serves. sense reforms that actually lower costs histories involving oil, natural gas, and We are going to use this opportunity and that Americans really want. wheat prices to show how excessive to explain how out of touch Democrats So we will keep one eye on the Su- speculation in the futures and swaps are on high gas prices and put a spot- preme Court this week, and we are bas- markets have distorted prices, over- light on the commonsense ideas Repub- ing our opinion on something simpler whelmed normal supply-and-demand licans have been urging for years— than the legal arguments we will hear factors, and pushed up prices at the ex- ideas that reflect our genuine commit- this week. We are looking at whether pense of consumers and American busi- ment to the kind of ‘‘all of the above’’ this law helped or hurt. On that ques- nesses. approach the President claims to sup- tion the verdict is already in, just like For example, in 2006 the sub- port but actually doesn’t. so much else this President has done committee released a report that found Look, this isn’t terribly complicated. over the past few years. that billions of dollars of commodity Americans from Maine to California Look, we need health care reform, index trading by speculators in the are frustrated at high gas prices. What but this law has made things worse. On crude oil market had helped push up do they see in Washington? They see that basis alone it should be repealed futures prices in 2006, causing a cor- Democrats pushing legislation that and replaced. That is what Americans responding increase in cash prices and even they admit doesn’t have a thing want, and that is what we plan to do. was responsible for an estimated $20 to do with lowering gas prices. At least I yield the floor. out of the then $70 cost for a barrel of seven Democrats are on record saying The ACTING PRESIDENT pro tem- oil. Since then even more speculators this bill doesn’t do a thing to lower gas pore. The Senator from Michigan. have entered the commodities mar- prices. Last year its own sponsor said f kets. Today we have commodity index nobody has made the claim this is traders, exchange-traded products, about reducing gas prices—all of which OIL MARKET SPECULATION even mutual funds betting billions of raises an obvious question: What are Mr. LEVIN. Mr. President, once dollars on crude oil prices on a daily we doing it for? How does this help the again, oil prices have spiked to high basis. American people now? levels threatening our economic recov- Speculators have now come to domi- Of course it doesn’t. In response to ery. Prices are now nearing $110 a bar- nate our futures and swaps markets, record-high gas prices, Democrats in rel, up nearly 30 percent since October overwhelming the commercial users Congress want to raise taxes on the 2011, only 5 months ago. For years now and producers who use and need these very people who produce it. Meanwhile the commodity markets have taken markets to set fair prices and hedge the President is blocking a pipeline the American people on an expensive risks. that would decrease our dependence on and damaging roller coaster ride with At a November hearing before my Middle East oil and create literally rapidly changing prices for crude oil. subcommittee, the Chairman of the thousands of American jobs. In 2007, a barrel of crude oil started Commodity Futures Trading Commis- Americans see the Democratic re- out costing $50 a barrel. By the end of sion, Gary Gensler, testified that over sponse to high gas prices to make them the year, the price had nearly doubled. 80 percent of the outstanding futures

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.019 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2019 contracts for crude oil are now held by higher gasoline prices. According to a of us in the Senate who fought for the speculators. That fact is new, it is sig- February 27, 2012 article in Forbes law know position limits were made nificant, and we cannot ignore it. magazine citing a recent report by mandatory by Dodd-Frank and were re- It used to be that prices were deter- Goldman Sachs, oil speculation ‘‘trans- garded as vital to curbing excessive mined primarily by fundamental mar- lates out into a premium for gasoline speculation. The court is considering ket forces of supply and demand for at the pump of 56 cents a gallon.’’ In the case now and hopefully will not physical commodities. When commod- other words, speculation is adding 56 allow the lawsuit to delay or thwart ities were tight and demand high, cents to the price of each gallon of gas the legal protections needed to stop prices generally went up. In contrast, bought at the pump. American families and businesses from when supplies were ample and demand Here is a Reuters chart that uses being whipsawed by excessive specula- low, prices generally went down. Now- CFTC data. It focuses on the crude oil tion in oil and other commodities. adays that relationship is largely ab- holdings of speculators, the group of In the meantime, what should Con- sent. traders that the CFTC refers to as gress do? First, we should stop pre- Here are some startling facts from ‘‘managed money’’ and which includes tending that $110 per barrel of oil is recent press and government reports commodity index funds, hedge funds, caused solely by Mideast unrest or that show how U.S. crude oil prices commodity pool operators, and com- physical supply and demand factors, today have become disconnected to modity trading advisers. The chart and acknowledge a major contributing supply and demand. First is the fact uses CFTC data to track the ratio of role played by speculators in crude oil that the United States has ample oil their long to short crude oil futures prices. Second, we ought to urge the supplies in the neighborhood of 350 mil- holdings over time. Last month, there CFTC to find that current U.S. oil lion barrels in storage, which is toward was a spike, way over here to the right. prices, which do not reflect physical the higher range since 2008. World sup- Speculators held more longs than supply and demand factors, are evi- plies are also adequate with the Saudi shorts by a 12-to-1 ratio, the largest re- dence of a severe market disturbance. Arabian oil minister recently stating corded difference in 5 years. That same That finding would allow the CFTC to that world supplies are stronger today week, U.S. crude prices hit a 9-month exercise its emergency authority, with- than they were 4 years ago in 2008. high of $110. And it is no surprise that out waiting any longer, to clamp down In addition, the United States is pro- when more than 80 percent of the mar- on excessive speculation in the oil mar- ducing more domestic oil than it has in ket suddenly bets 12 to 1 on prices kets. Among other options, the CFTC years. In 2010, U.S. domestic crude oil going up, oil prices do just this. could tighten position limits for oil production increased to 5.5 million bar- As we can see from this chart, these traders, make those limits imme- rels per day, up from 5.1 million barrels spikes occurred in the last year or two. diately effective in the futures, op- in 2007, and is still climbing. In 2011, Before that, we did not have the spikes. tions, and swap markets, strengthen overall U.S. refining capacity also in- Before this, there was this huge margin requirements, and take other creased. Perhaps most surprising of all amount of speculation in the oil fu- actions needed to bring oil prices back in 2011, for the first time since 1949, the tures market and we did not have these into alignment with supply and de- United States exported more gasoline, large spikes which we have had in the mand. diesel, and other petroleum products last few years. Third, on a longer term basis, we than it imported. The United States is The reality is that oil prices again should revamp the rules that enable projected to do the same in 2012 and are not just affected by physical supply commodity index traders, exchange 2013. At the same time U.S. oil supplies and demand but by speculative pres- traded products, and mutual funds to stayed steady and production in- sures on prices. That means if we are flood U.S. commodity markets with creased, U.S. demand went down. In to get a handle on oil prices, excessive speculative bets on commodities to the 2011, U.S. fuel consumption actually speculation must be curbed. There is a detriment of American families and sank and oil demand in North America lot we can do to combat excessive spec- businesses. Legislation is needed to re- contracted by 0.5 percent. Some of that ulation, and I will spell out some of quire the SEC and CFTC to impose drop was due to lower economic activ- these steps. joint registration and reporting obliga- ity, some to greater energy effi- Congress has already taken the first tions for traders that use securities to ciencies, and some to higher energy steps. In July 2010, Congress enacted gain exposure in commodities, joint costs. the Dodd-Frank Act which, in Section regulation of hybrid products that For example, U.S. demand for gaso- 737, directed the CFTC to establish combine securities and commodities line sank nearly 3 percent last year. speculative position limits on energy trading, and increased margin and cap- More broadly, in 2011, total U.S. de- and other previously exempted com- ital requirements for risky speculative mand for all types of oil products fell modities, and broadened CFTC author- bets. The Internal Revenue Service to 18.8 million barrels a day, from 20.8 ity to apply those limits to all types of needs to stop allowing mutual funds to million barrels a day in 2005. That is a commodity-related instruments, in- use phony offshore corporations to cir- drop of 10 percent. The end result is cluding futures, options, and swaps. cumvent a longstanding 10 percent that over the last year oil demand was The Dodd-Frank Act also required all limit on their commodity investments. down and supply was up in the United large commodity traders to begin re- Additional restrictions on commodity States. Under normal economic condi- porting their trades in real time to a index trading should also be consid- tions, both factors should have led to central repository, increasing trans- ered, since it is the largest root cause lower oil prices. Instead, despite steady parency, producing new detailed trad- of modern day excessive speculation. or improving oil supplies and steady or ing data, and strengthening regulatory Finally, we should ask more of the dropping demand, U.S. crude oil prices oversight. President’s task force on commodity became more like a roller coaster than In November 2011, in compliance with speculation. In March 2011, a year ago, ever. the Dodd-Frank requirements, the Senator JACK REED and I sent a letter What explains the price volatility CFTC issued a new position limits rule. asking President Obama to convene a and escalation? The answer is pretty The rule sets limits that are not as task force to investigate and combat clear to me after 10 years of investiga- tough as they should be, but the real excessive speculation and manipula- tions by our subcommittee: It is the problem is that they are not yet fully tion of oil prices. While the Attorney large amount of speculation in oil mar- in force. That means this important General did convene a task force, it has kets which is a major contributing fac- new tool to clamp down on excessive concentrated principally on detecting a tor to high prices. Speculators who speculation lies dormant. few cases of alleged criminal activity, now comprise more than 80 percent of One big roadblock is that, within a instead of tackling the broader issue of the U.S. futures oil market are bidding month of the rule’s issuance, the finan- excessive speculation cases in which no on contracts, speculating on price cial industry filed a lawsuit to stop it one is committing a crime, but aggre- swings, and helping to drive up price from taking effect. The lawsuit claims gate commodity trading tactics are volatility and crude oil prices. Higher Dodd-Frank didn’t require the CFTC to driving up prices and price volatility to crude oil prices translate directly into impose position limits, although those the point where they damage the U.S.

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.020 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2020 CONGRESSIONAL RECORD — SENATE March 26, 2012 economy. The task force needs to ur- the impacts of the ObamaCare law creators with new taxes and new regu- gently refocus and bring its firepower today. The first is the individual man- lations that they desperately don’t to the battle to stop excessive specula- date, and of course that is one of the need at this point in our struggle to re- tion. issues the Supreme Court is hearing gain economic growth. Take the em- In closing, until we limit excessive right now and will be making a deter- ployer mandate. The law penalizes speculation in commodity markets, the mination on. businesses that do not provide employ- American economy will continue to be ObamaCare is the biggest example of ees with government-approved health vulnerable to violent price swings and government intrusion in the everyday care plans. Beginning in 2014, American American consumers and businesses lives of Americans, whether by forcing businesses with more than 50 employ- will continue to be whipsawed by oil individuals to buy health insurance, ees will be fined $2,000 per employee if prices unconnected to actual supply enacting onerous regulations on small they do not offer a health insurance and demand. American families cannot businesses, or by raising taxes and im- plan approved by the Federal Govern- afford the current price of oil and gas posing penalties. The health care law ment. and neither can our economy, which, forces every American to purchase a I have talked to a number of business after 4 years, is beginning to turn a health insurance plan or, if they choose people who have gone through painful corner toward real growth. Today’s not to do so, to pay the government a negotiations with their workers and prices—$110 for a barrel of oil and $4 for fine. This is unprecedented in Amer- with their laborers and with staff. a gallon of gasoline—are a clarion call ican history. It is the first time the They have put together a health care to action that Congress and the CFTC Federal Government is forcing citizens plan that is accepted by both manage- ignore at the Nation’s peril. to purchase a product or a service they ment and by employees who recognize Mr. President, I thank the Chair, and may or may not want or pay a fine for that if they cannot maintain some I yield the floor. their decision to say no. semblance of control over costs, the The ACTING PRESIDENT pro tem- This administration basically is say- jobs might not be available in the fu- pore. The Senator from Indiana. ing to Americans: We know what is ture because the company cannot af- f better for you than you know for your- ford to keep people at work. So in rec- self. We know what is better for you ognition of all of this negotiation that HEALTH CARE than what your doctor suggests is goes on and the contractual obligations Mr. COATS. Mr. President, this past needed, and if you don’t get a govern- that both sides work to achieve, under- Friday marked the 2-year anniversary ment-approved health care plan, we are standing that if the business is hit with of when the president’s health care going to assess you a fine. too much tax and too many regulations law, the affordable care act, otherwise That is a basic, fundamental prin- the business may not survive, those known as ObamaCare, was signed in to ciple of constitutional law and the Su- plans now come under the scrutiny of law. I wasn’t in the Senate at the time; preme Court will be making that deter- the Federal Government, and the Fed- I was actually in the State of Indiana mination. But I suggest that this Con- eral Government will determine wheth- campaigning to be in the Senate as a gress needs to continue to debate this er those plans are sufficient and ade- representative of that State. As such, I and be prepared to act depending on quate. If it determines they are not, had spent a considerable amount of what the Supreme Court decision is, then a fine is levied against the busi- time crisscrossing the State and talk- which will come down several months ness. ing to Hoosiers about the health care from now. I cannot tell my colleagues how plan. From diners and restaurants all The second thing I wish to talk about many business people told me: Look, I across Indiana to small businesses, briefly is the higher costs that ema- would rather pay the fine than have large businesses, medium-size busi- nate from this particular piece of legis- the government impose all of these new nesses, big industrial giants, small lation. In addition to mandating that regulations on us when we are working mom-and-pop operations, medical pro- all Americans have health insurance, carefully with each employee to make viders, and ordinary citizens, we in In- ObamaCare hits individuals and fami- sure they have their basic insurance diana join the nearly two-thirds—or lies with increased costs at higher pre- needs covered. Yet, if we are forced perhaps even more than two-thirds—of miums. The Nation’s nonpartisan budg- into a set plan of set procedures for the country that oppose this law. et experts at the Congressional Budget every employee, then I have two Hoosiers didn’t then, and they don’t Office estimate that when fully imple- choices, the business people say: I can now, want to have a one-size-fits-all mented, this law will increase insur- either refuse to do so and pay the pen- nationalized health care system. They ance premiums on a family policy by alty of about $2,000 per employee, or I want a healthier health care system. an average of $2,100 a year. Therefore, can let people go. The bottom line is, if They want reforms to the current prob- the affordable care act is hardly afford- I can’t make my bottom line, I cannot lems and excessive rising costs of able and increases the already high keep these people employed. health care. This is the first of many premiums people have to pay for insur- The arbitrarily fixed basis that small attempts I will make to discuss why we ance. businesses under 50 employees will not need to address this law, which is mov- The President’s own Chief Actuary at be subject to this leaves manufacturers ing toward ever and ever greater imple- the Center for Medicare Services re- and business people who are slightly mentation and particularly kicks in ported that the law will increase na- below that level—say at 45 or 40 or 35— over the next two years. Hoosiers, as I tional health care costs by $311 billion a dilemma as they are seeking to ex- said, did not want the plan then and in the first 10 years alone—increase is pand their business. ‘‘As soon as I hire they don’t want it now. They don’t the key word here. The goal of reform- No. 50, then my business is no longer want to have Federal bureaucrats mak- ing the Nation’s health care system exempt. So what do I do? I freeze out ing their health care decisions for initially was to reduce the sky- hiring more people and look to double them. They want less government rocketing costs for Americans, not in- up people’s salaries or put people on intervention and higher quality of crease them. Yet, we are now being overtime.’’ At a time when we have care, and they don’t want a health care told by the experts and the President’s over 12 million people looking for a job system that increases costs and pre- own people that Obamacare will in- and millions of people underworked or miums while hurting job creators with crease costs. working two and three part-time jobs fines and penalties. They want afford- I also wish to speak about the impact to make ends meet, we are imposing able care and good job opportunities. of this law on businesses. I talked to this law on them. It could not have Two years after passage of that act, I dozens if not hundreds of businesses come at a worse time. continue to hear these messages from across the State of Indiana, both in the Then there is a medical device tax the people of Indiana and from others campaign year of 2010 and then last and several other taxes that are in- as we discover more and more informa- year traveling as a Senator throughout cluded in this bill that we continue to tion about what is contained in this the State. The President’s health care find as we read the fine print. massive 2,700-page bill that was passed prescription results in bad side effects Indiana is a State that is home to a in early 2010. I wish to discuss a few of for American businesses by hitting job lot of medical device manufacturers. In

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.022 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2021 fact, there are over 300 registered med- this today, and will for the next 2 days, and even today—one in six Americans ical device manufacturers that employ and we will have a decision on the con- was uninsured. That number was grow- 20,000 Hoosiers in the State of Indiana stitutionality of this law by the sum- ing, is still growing. In my home State and another 28,000 people who benefit mer. But the health care debate also, of New Mexico, the situation was even from that employment. There are more most likely, will end up back here in worse. We had more than one in five than 400,000 workers employed nation- Congress one way or another, and that people in my State uninsured. That is wide by this industry. leaves us the responsibility of address- the second highest rate of any State in So what did the ObamaCare plan pro- ing this. the Nation. The large majority of the pose? Well, we need some pay-fors. To From forcing individuals to purchase uninsured are working people. They pay for the law, the administration de- insurance, to taxing successful job cre- have low incomes. They cannot afford cided to impose a 2.3 percent tax on ators and burdening State budgets, I to pay the very high cost of health in- these medical device manufacturers. believe the health care law is so deeply surance. The PRESIDING OFFICER (Mr. flawed that it must be scratched and The second important reason we en- TESTER). The Senator’s time has ex- replaced with real reform, reform that acted health care reform was that the pired. lowers the cost of care, allows the doc- cost of health care was continuing to Mr. COATS. Mr. President, I sense I tor—your doctor, not the government— grow at an unreasonable rate. am approaching a deadline in time. I to decide the kind of medical care you As you can see on this chart I have in am wondering if I could, with the con- need, and provides flexibility to States. the Chamber—this is based on data sent of my colleague, ask unanimous Real health care reform lowers costs, from the Centers for Medicare and consent for 5 more minutes. it improves access to quality care, em- Medicaid Services, Office of the Actu- The PRESIDING OFFICER. Without powers individuals, and preserves per- ary—they estimate that national objection, it is so ordered. sonal liberties; and that is not what we health expenditures per capita in- Mr. COATS. Thank you, Mr. Presi- have in the law that currently is on the creased from 5 percent of gross domes- dent. books. So whether through congres- tic product in 1960 to 18 percent in 2010. These medical device manufacturers sional legislation or court action, So absent any intervention, this figure are employing people at an average ObamaCare needs to be overturned and was projected to exceed 40 percent by rate of about 41 percent greater than replaced with commonsense provisions 2080. the average worker rate of pay in my that put patients—not government, not The affordable care act significantly State, so these are desired jobs. But, bureaucrats—in charge of health care improves the situation. It does not again, employers and manufacturers of decisions. solve all the problems in our health medical devices are telling me they are ObamaCare has proven to be the care system, but it substantially im- being forced to go overseas because of wrong prescription, and it is time for a proves the situation. Due to the afford- the burden of regulation and a tax that new treatment. Americans want reform able care act, over the next 10 years, has nothing to do with the essential that remedies our ailing health care the rate of uninsured will be reduced program of the health care plan. system, not one that weakens it and by more than half. That is according to That is not the only tax that is im- drives it deeper and drives us deeper as the Congressional Budget Office esti- posed in this law. There are many hid- a Nation into debt. mate. Low-income families will be able den taxes here that we are just learn- Mr. President, I yield the floor. to afford health insurance, so they will ing about. Let me name five: the excise The PRESIDING OFFICER. The Sen- not have to worry about going broke tax on charitable hospitals; the drug ator from New Mexico. because they get sick. The rest of industry tax, separate from medical de- Mr. BINGAMAN. Mr. President, since America will not see their insurance vices; the health insurance industry this is the 2-year anniversary of the premiums rise to absorb the cost of ex- tax; the insurer excise tax; and a Blue passage of the health care reform law, pensive hospital care when the unin- Cross-Blue Shield tax hike. the affordable care act, and since the sured have nowhere else to turn. The Joint Committee on Taxation Supreme Court, of course, is meeting With full implementation of this law, found that the health care law imposes across the street hearing various argu- Americans will get higher quality more than $550 billion in new taxes and ments attacking the legislation—they health care while at the same time we penalties, most of which will fall on heard arguments this morning; they begin to rein in the growing costs of the middle class. are going to hear arguments again to- health care. The law does so while pro- Third, the impact on the State of In- morrow morning; and they are going to tecting key parts of the health care diana. hear arguments again Wednesday system, such as Medicare. It extends ObamaCare forces States to expand morning—I believe it is a crucial time the solvency of Medicare from 2017— Medicaid rolls so significantly that it to remind all Americans why this law prior to the enactment of this legisla- will be imposed—and this has been was needed, why it still is needed, and tion—to 2024. Despite claims to the talked about earlier today—upon the how it will benefit families across this contrary, these reforms are fiscally re- States in a way that can cripple their country. sponsible. They decrease Federal ability to try to find some balance in In my view, there is considerable health care spending by well over $1 their budgets. In Indiana, where our confusion about what the health care trillion over the next two decades. budget is in far better shape than many reform legislation will accomplish. And Stated simply, the law protects the other States, we still cannot afford the I am not surprised. The opponents of aspects of our health care system that current Medicaid Program, let alone the legislation have worked hard in the are working well and fixes many of the projected new costs that will be re- last couple of years trying to confuse those aspects that are broken, and it quired under the ObamaCare law. many Americans into thinking the bill does so in a fiscally responsible way. It An outside group has estimated that contains all kinds of nefarious provi- achieves this through provisions that $3.1 billion in new costs over the next sions. are intended to support three main decade will be imposed on Indiana tax- The Kaiser Family Foundation did a goals. Let me go through those briefly. payers if the 1.5 eligible Hoosiers enroll poll, however, that demonstrated when The first of those goals is to expand in Medicaid as a result of this health Americans are asked about the actual coverage and ensure health insurance care law. This added expense does not provisions that are contained in the is affordable. The second of those goals include any payment relief to providers law, there is strong bipartisan support is to improve the quality of health and, therefore, shifts costs to patients for those reforms. So I wish to take a care. The third is to begin reining in by driving up premiums for all Hoo- little time to straighten out what the the rapidly rising costs of health care siers. provisions in the law are and how I see and create efficiencies in our health In conclusion, we have to ask the them impacting on our health care sys- care system. question: What is the remedy for this tem. Let me start with this coverage ex- fatal disease called ObamaCare? Well, Health care reform was needed when pansion under the affordable care act. the remedy may lie with the Supreme it was enacted 2 years ago for two im- Under the law people who need health Court. They are hearing arguments on portant reasons. First, before reform— care can get health insurance coverage.

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.028 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2022 CONGRESSIONAL RECORD — SENATE March 26, 2012 There is financial assistance to those level the playing field, increase com- Mr. INHOFE. Mr. President, I ask who cannot afford it. According to the petition among insurers, and thereby unanimous consent that at the conclu- Congressional Budget Office’s most re- keep rates competitive. sion of the remarks of the Senator cent projections, 93 percent of Ameri- Contrary to much of the rhetoric we from New Mexico, I be recognized for cans will have affordable health insur- have heard, States will not shoulder up to 25 minutes. ance coverage by 2016 with full imple- the fiscal burden of this coverage ex- The PRESIDING OFFICER. Without mentation of this act. That is 30 mil- pansion. Limiting costs to States was a objection, it is so ordered. lion more Americans who will be cov- priority when we drafted this health Mr. BINGAMAN. I thank my col- ered who are currently uninsured. care reform legislation. In fact, the league from Oklahoma for his courtesy. Some of these provisions have al- Federal Government commits to as- Let me talk a little about the second ready taken effect and have had a sig- sume 100 percent of the cost of the and the third goals I outlined earlier. nificant impact. For example, young Medicaid expansion for newly eligible The second goal of the affordable adults up to the age of 26 can now re- individuals during the first 3 years, be- care act is to improve the quality of ceive health insurance coverage under ginning in 2014. Federal contributions care. There is not a lot of discussion their parents’ insurance regardless of are going to phase down after that about that, but that is a main thrust of their marital or school or employment slightly over the following years, so this legislation. A strong, well-trained situation. Since the implementation of that by 2020 the Federal Government health care workforce is essential if we this provision, 2.5 million uninsured will be responsible for 90 percent of the are going to have quality health care young people across the country have cost of those newly covered individ- in this country. gained health insurance coverage. This uals. Many provisions of the bill will includes over 21,000 young people in my For example, my State of New Mex- strengthen the health care workforce. home State of New Mexico. ico is expected to receive $4.5 billion in One obvious question is, What is the In addition, 20,000 seniors in my 2014, 2015, and 2016, as we expand cov- need we are trying to address? Let me State who are in the so-called coverage erage to more enrollees. This will allow point out that 25 percent of the coun- gap for prescription drugs under Medi- access to Medicaid for about 180,000 ties in the United States are des- care are now saving on their prescrip- newly eligible New Mexicans. ignated as health care professional tion drugs because that so-called Let me refer to this chart that is be- shortage areas. In my State, 32 of the doughnut hole is decreasing in size as a side me. This shows the Congressional 33 counties are designated as health result of this legislation. This is al- Budget Office’s estimate of the expan- care professional shortage areas. We ready benefiting 3.6 million seniors na- sion impact on State spending on Med- are absolutely last. New Mexico is ab- tionwide. icaid. As we can see, contrary to a lot solutely last in all States with regard Children with preexisting conditions of the statements that are made on the to both access to health care and the are no longer able to be discriminated Senate floor and elsewhere, this in- utilization of preventive medicine. against, and adults with preexisting crease is less than 3 percent. This is ad- The affordable care act contains key conditions who cannot get insurance ditional spending on expansion. It is a provisions to improve access and deliv- have the option for coverage in a high- small fraction, 2.8 percent, of State ery of health care services to these risk pool. With full implementation of Medicaid spending. This is for the pe- areas. We train a great many addi- the law, those adults will be in the riod 2014 through 2022. tional physicians, nurses, pediatric spe- same circumstance as children with While reform expands Medicaid, it cialists, and other health care pro- preexisting conditions in that they will also makes it possible for some current viders. There is a major push to im- not be able to be discriminated against. Medicaid enrollees to become eligible prove the quality of care by focusing What is more, the major coverage to participate in the health insurance on outcomes and effectiveness of med- provisions are still to come. They begin exchanges and brings them into the ical treatments. All this is very posi- in 2014. Medicaid will be expanded to private market. According to the tive and should have been done many cover more low-income Americans, Urban Institute analysis, the net effect years ago in this country. I am glad we those whose incomes go up to 133 per- of enactment of the affordable care act are finally doing it as part of this cent of the Federal poverty level. This on State budgets, in the worst case sce- health care reform legislation. is a critical provision since experts tell nario, will see States realizing net The third and final goal of the legis- us the expansion of Medicaid coverage budgetary savings of at least $40 billion lation, as I mentioned earlier, is to is the most cost-effective way to pro- during the period 2014 to 2019. It is pos- begin to rein in costs and eliminate vide insurance to low-income unin- sible those gains could be as high as waste and inefficiency. Experts agree sured individuals and families. $131 billion. there is a tremendous amount of waste Seventeen percent of the nonelderly With respect to affordability—and I and inefficiency in our health care sys- population nationwide benefit from the know my colleague who was just on the tem. Anyone who has gone to a hos- Medicaid expansion and the tax credits floor was talking about affordability— pital can see that. Estimates indicate in this legislation. In New Mexico, as the impact on New Mexico families is a that as much as one-third of medical well as the States of Texas and Lou- good example. On average, families in care does not, in fact, improve any- isiana and California, which have high my State will see a decrease in insur- one’s health. I think this bears repeat- rates of uninsured, the estimate is that ance premiums, perhaps as much as 60 ing. A full one-third of all dollars spent 36 percent to 40 percent of residents percent. In addition, two-thirds of New on health care in this country does not could benefit. Mexicans could potentially qualify for contribute to the overall health of the Lower and middle-class income fami- subsidies or Medicaid, and nearly one- population. lies will be eligible for health insur- quarter could qualify for near full sub- We are trying to deal with that in a ance tax credits to help purchase sidies or Medicaid. variety of ways in this legislation, to health insurance. While most Ameri- The PRESIDING OFFICER. The Sen- get more cost-effective treatment and cans will still get health insurance ator’s time has expired. to get more efficiency in our health through their employers, those who do Mr. BINGAMAN. I see a colleague care system. not can purchase health insurance who wishes to speak. Therefore, I will The law provides for savings by stop- through the health insurance ex- ask unanimous consent that the bal- ping investments in so-called Cadillac changes. These will be virtual insur- ance of my statement be printed in the insurance plans. Second, there is new ance shopping malls in each State that RECORD as if read. transparency and accountability for in- will offer an easy-to-understand menu The PRESIDING OFFICER. Without surers to justify premium increases. of options with which to compare in- objection, it is so ordered. Third, the law requires that insurers surance plans. So we will have in- Mr. INHOFE. Does the Senator wish spend at least 80 percent of the pre- formed and empowered consumers who to continue? miums they collect on actually pro- can choose the plan that is right for Mr. BINGAMAN. Mr. President, my viding medical care rather than on them and their family. The intent of colleague has said I could proceed for a CEO salaries and shareholder profits the health insurance exchange is to few more minutes. Let me just—— and administrative costs. Fourth, the

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.029 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2023 affordable care act increases competi- four budgets this President has pre- minute and let everyone know why we tion and price transparency through sided over. Keep in mind, when a budg- are paying so much at the pump. What these health insurance exchanges we et is designed by a President, whether is most interesting to me about the established. Fifth, the law establishes he is a Democrat or Republican, it is section 199 tax deduction is that it is an independent body to recommend the President, not the Democrats, not available to any company in the United policies to Congress to help Medicare the Republicans, not the House, not the States that creates any kind of manu- lower costs while providing better care. Senate, it is the President who is re- factured goods here at home. I can go into quite a discussion of the sponsible for that budget. Firms that build and sell refinery advisory board we established to try to In every budget the President has equipment, airplanes, washing ma- control growth in the cost of Medicare. called for the elimination of all tax chines can all claim the deduction. It I think it is a very meritorious provi- provisions made available to the oil may be surprising, however, that the sion and one about which a great deal and gas industry. This year these tax deduction is also available for movie of bad information has been provided. increases totaled about $40 billion over producers—not oil and gas producers In conclusion, the facts demonstrate 10 years. So while the President was but movie producers. That is right. The clearly to me that these reforms will going around the country last week American film industry can claim a de- move us forward toward more afford- trying to convince everyone he is actu- duction for making movies. So Presi- able health care, with greater choice ally pro oil and gas, he laid the ground- dent Obama and Senator MENENDEZ are for American families. We will see less work for Senator MENENDEZ to push a putting their Hollywood friends and waste. We will see less inefficiency in bill through the Senate to raise taxes movie stars ahead of an industry that our health care system. We will see on the industry. makes us less reliant upon oil imports higher quality of care. We will start to Senator MENENDEZ’s bill, S. 2204, pro- from the Middle East. There is no sur- bring rising health care costs under poses to either modify or outright can- prise there. control. cel the following tax provisions for The next thing is—that was section These are worthy goals. They are the major integrated oil and gas firms. 199. That is a manufacturer’s deduc- goals of this health care reform legisla- First, the section 199 manufacturer’s tion, applies to all, and benefits all tion. I look forward to seeing them tax deduction; secondly, intangible manufacturers to encourage domestic achieved in the coming months and drilling costs, sometimes referred to as manufacturing. years. IDC; third, the percentage depletion; The second thing is intangible drill- Again, I thank my colleague for his and, four, the foreign tax credit for oil ing costs, IDC. This is a little bit more courtesy in allowing me to continue and gas firms. complicated. But the intangible drill- longer than was planned. Last time we actually had a vote in ing costs are expenses oil and gas firms I yield the floor. the Senate on these provisions was in incur when they drill and prepare new The PRESIDING OFFICER. The Sen- June of 2010. I remember it very well wells. These costs often total between ator from Oklahoma. because that was when the distin- 60 and 80 percent of a well’s cost. They f guished Senator from Vermont Mr. are generally not recoverable and in- SANDERS offered an amendment that clude things such as site preparation, ENERGY would have raised taxes on oil and gas labor, design. Mr. INHOFE. Mr. President, we are producers by $35 billion over 10 years Intangible drilling costs are firmly going to have a vote this afternoon. It by repealing section 199—same thing he grounded in sound accounting prin- is going to be a procedural vote. Some is trying to do—percentage depletion ciples. Every basic accounting course will be voting different ways. There is and IDC. discusses the principles of cost recov- a substance behind the issue at large. While the Menendez bill is a little ery. It is safe that businesses should be Last week, President Obama visited different, it applies to the larger com- allowed to write off their expenses Cushing, OK. It may have been the first panies, those with substantial produc- from the revenue they earn to account time he has ever been to Oklahoma. I tion levels. It is important to point out for the cost of doing business. That is do not know. He claimed that under his that the Sanders amendment—and I led logical. No one is going to disagree watch, he said, ‘‘America is producing the opposition to the Sanders amend- with that. more oil today than at any time in the ment—was defeated almost 2 to 1, 35 to When purchasing substantial capital last 8 years.’’ It seems that in the 61. equipment, depreciation is often used midst of $4- to $5-a-gallon gasoline, he The President insists these tax and to recover the costs of an investment is trying to convince the American accounting provisions are actually sub- over its useful life. But things such as people he is not one to blame. Clearly, sidies, but nothing can be further from wages are nearly always deducted im- he is the one to blame. the truth. This has not been done yet, mediately because once a company has That is why I think it is important to to my knowledge—been explained. It is paid an employee for work, it has no set the record straight. After all, it was so important people understand what lasting value. To retain the value, they Obama’s Energy Secretary Steven these provisions are. have to keep paying the employee. Chu—we cannot forget this—who said: Section 199 is the manufacturer’s tax Hence, it is an immediate expense, and ‘‘Somehow we have to figure out how deduction. Section 199 was added to the it is deducted from the revenue when to boost the price of gasoline to the Tax Code as a part of President Bush’s determining the net profit. levels in Europe.’’ That was his Energy 2004 tax law. It was designed to support The IDC deduction has been on the Secretary who was speaking on behalf domestic manufacturing, and it did books since 1913. This is not anything of President Obama. this by providing a 9-percent tax deduc- new. We have lived with it for almost a So the motive is to raise the price of tion for manufacturers, effectively low- century. gas. Right now, we are almost over ering their tax rates from 35 to 32 per- Most of the costs associated with the halfway there. We all remember the cent. preparation of new wells should be President’s statement during the 2008 The provision was phased in between classified as an immediate expense— campaign when he said: ‘‘Under my 2005 and 2010. But, in 2008, something things such as labor. The expenses of plan, electric rates will necessarily strange happened. The oil and gas in- IDCs make sense. To claim it is a sub- skyrocket.’’ His policy agenda has been dustry was singled out so it could only sidy is totally dishonest. Every com- in lockstep with this goal. claim a portion of that deduction. In pany, regardless of whether it is an oil President Obama has had a 4-year other words, all other manufacturers of or gas firm or any other company, is war on fossil fuels, and now we are pay- all other goods in America could claim allowed to recover costs associated ing for that at the pump. As to the oil that deduction, except oil and gas. with their investments in business op- and gas taxes, nowhere has the Presi- The Menendez proposal would repeal erations. If this is going to be labeled a dent been more resolute in stopping oil section 199 from major integrated oil subsidy for the entire economy, then and gas development than in his tax companies. In the President’s budget, a we have big problems. proposals, every budget since he was similar proposal was scored at $11.6 bil- Current law allows most oil and gas sworn in. Now we are talking about lion. I am going to add all these in a firms to write off these expenses as an

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.024 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2024 CONGRESSIONAL RECORD — SENATE March 26, 2012 alternative to capitalizing their costs they are operating. For example, a U.S. When the rubber meets the road, this into the total value of the asset being company makes a product in South means the U.S. oil and gas firms—espe- developed and then depreciated. But at Korea, sells it to the South Koreans, cially the big ones—targeted by the some point along the way, the law was and they make a $1 million profit. Be- Menendez-Obama bill will be more like- changed so that major integrated oil cause their corporate rate is 22 percent, ly to select international projects than firms are required to capitalize 30 per- as opposed to ours at 35 percent, the U.S.-based projects, and this is bad for cent of their IDCs and amortize them firm pays $220,000 in taxes. That makes our economy. over a 60-month period. sense. As to the other ways Obama is kill- The Menendez bill would eliminate If a U.S. firm has made the same ing oil and gas, the taxes aren’t the this option and require oil and gas product and profit in the United only thing the President is doing. They firms to capitalize all of their IDCs. A States, it would be subjected to a 35- are significant. I mentioned four of similar proposal was in the President’s percent tax, which would be $350,000 in them that are significant. But look at budget scored as a $13.9 billion tax in- corporate taxes. This also makes sense the Keystone Pipeline. crease. We are going to add that up in except it is too high. However, because I just got back from Oklahoma, a a minute. Together with the repeal of of our global corporate tax system, if a visit there. It is another example of section 199, an IDC should compromise firm does this same thing in Korea, why he was in Cushing, OK, the central 10 percent of America’s oil and gas pro- they have to pay the differential be- part of Oklahoma. For those who are duction capacity by 2017. This trans- tween 22 percent and 35 percent when not familiar with it, that is sort of the lates into a potential loss of 59,000 jobs, they bring the money back into the intersection of all of the pipelines. He 600,000 barrels of oil a day in domestic United States. said he was going to expedite the per- production, and the loss of $15 billion Wait, we want to bring the money mitting of the southern leg of Key- in capital expenditures in 2012, and po- back. We want to stimulate our econ- stone. That would be the leg going tentially $130 billion over the next 10 omy. Why would they have a disincen- from Cushing, OK, down to the Houston years. tive to bring that money to invest in area. What he didn’t say is that this is Percentage depletion is very similar. America? In this example, a U.S. firm the part he doesn’t have any control It has been with us. Since 1926, small would have to pay an additional over. producers and millions of royalty own- $130,000. They would be doing a great In other words, he has no control ers have had the option to utilize per- thing for foreign countries but cer- over the southern half. The reason he centage depletion to both simplify tainly not for us. It doesn’t make any does over the northern half is because that crosses a country boundary from their tax filing and to account for the sense at all. Senator MENENDEZ’s bill makes this Canada to the United States. But he decline in the value of the minerals awful policy even worse by limiting the doesn’t have a say in this. He could not produced from their properties. Cur- ability of major integrated oil firms to stop it if he wanted to. Obviously, he rent law allows small producers to take account for the taxes they pay in other would want to because he has dem- a 15 percent deduction from the gross countries when they calculate what onstrated that. Moreover, his action to income from a given producing prop- they owe the United States. block the northern leg is preventing erty in lieu of a complicated deprecia- The President made a similar pro- the immediate creation of over 20,000 tion deduction. This tax provision is posal in his budget this year, and if en- jobs and up to 465,000 jobs by 2035. I particularly important for the produc- acted it would raise taxes by about $10 don’t think anybody argues with that tion of America’s nearly 700,000 low- billion over 10 years. You would pay for analysis. value, marginal wells, making it essen- more of this at the pump. Instead of The President’s effort to stop hy- tial to Oklahoma. making the corporate tax system even draulic fracturing is another example. Even though the small marginal less competitive than it is today, we Much of today’s renaissance in oil and wells only produce about two barrels a should aim to completely reform it so gas production is the result of the ad- day, they account for 28 percent of the we move to a territorial system that vancements in this technology. He has total production. We are one of the, if doesn’t reach outside our borders to done everything he can to paint a not the, largest marginal States out collect more taxes. nasty and suspicious picture of it. He there. These are truly the little guys, Those are the major provisions of the has 10 Federal agencies, including the and the President wants to go after Menendez-Obama bill. If they were en- EPA, the Department of Energy, and them and destroy the incentives that acted to the extent proposed by Presi- the Bureau of Land Management look- keep the older wells producing by re- dent Obama’s budget, they would be a ing at ways to regulate hydraulic frac- pealing percentage depletion. If he tax hike of $47.1 billion. turing at the Federal level. In addition, were able to do this, it would increase Again, that relates to the cost of gas he has also kept millions of Federal taxes on the industry by $11.5 billion. at the pump. The President claims he lands off-limits to oil and gas. What is most interesting about the is doing this in the name of forcing the As far as the hydraulic fracturing, I Menendez proposal is that it only ap- oil and gas industry to pay its fair know a little about that; we had the plies to major integrated oil compa- share. He claims it would not harm do- first hydraulic fracturing that took nies, which are not even allowed to mestic oil production. But this claim place in Duncan, OK, in 1949. There has claim percentage depletion, proving rejects the well-known process compa- not been one documented case of that 2204 is nothing more than political nies follow when making investment ground water contamination using hy- theater. decisions. Successful oil and gas com- draulic fracturing. The only reason he As to the modification of the foreign panies, like those in all industries, are is opposed to it is that this is part of tax credit for dual capacity taxpayers, faced with seemingly endless opportu- his war on fossil fuels. If he can stop the United States is one of the only de- nities. To sort through the opportuni- hydraulic fracturing, he will stop all of veloped—I think it is the only devel- ties they have to have a way to ration- these types of production, and every- oped country in the world that has a ally decide which projects are in the body knows that. We have already done global corporate tax system. This best interest of their investors and that. means the IRS and Uncle Sam reach all which are not. Most companies do this So we have the tax problems, the over the world to tax profits made by by determining which investments will pipeline, and hydraulic fracturing. In U.S. companies outside of our borders. give the highest rate of return given addition to that, his attempt has been When we combine this with our 35- the risk. to stop production on Federal lands percent corporate tax rate, which is Taxes play an incredibly important and make Federal lands off-limits to one of the largest and highest on role in this matter. If taxes increase, oil and gas exploration, and even Earth, our corporate tax policies are then cash flow from the project de- through some lease-sales conducted the worst in the world. creases. Therefore, taxes in the United during the Bush administration, citing The global corporate tax system States increase; the competitiveness of the need for more environmental re- works like this: When a U.S. firm is op- domestic projects decreases signifi- view. erating overseas, they pay taxes on cantly relative to the opportunities Today—and this is significant—83 those profits in the country in which available abroad. percent of Federal onshore lands are

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.026 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2025 inaccessible or restricted to drilling. The President will not admit this, resolve this problem and to do some- No drilling is allowed on the entire but we have seen what punitive tax thing about reducing the price at the east and west coasts. No drilling is al- hikes do to the oil and gas industry. pump is to start developing our own re- lowed in ANWR, in Alaska, and very They hurt our economy. President Car- sources. limited drilling is in the gulf. ter, way back in the early eighties, A minute ago I talked about what is Oil and gas production is sky- confirmed this with the windfall profits happening in Midland, TX, and North rocketing in States such as North Da- tax. He was going to punish the bad oil Dakota, and what is happening in some kota and Texas simply because the companies. As a result of that, it de- areas in Oklahoma. I can remember President has very little control over creased domestic production by 3 to 6 when I was a little kid I worked on the drilling there. That is not Federal percent, which increased American de- cable-and-tool rigs. That was very dif- land. This is in Texas, Oklahoma, and pendence on foreign oil sources by 8 to ficult at the time. North Dakota. The Congressional Re- 16 percent. Almost all of it was from A man by the name of A.W. Swift had search Service concurs, stating in a re- the Middle East. It doubled our depend- 18 cable-and-tool rigs. At that time, in- cent report that about 96 percent of the ence by putting taxes on the oil indus- stead of rotaries, they would pound increase in oil and gas production since try here. A side effect was also declin- down. Sometimes I would work two 2007 took place on nonfederal lands. In ing, not increasing, tax collections. shifts. One night I was working the sec- other words, it has happened in spite of Since we know what happens when ond shift, and the well blew up. The the President’s efforts. The President we do this sort of thing, we don’t need owner had one son named Burt. Burt imposes all of these punitive taxes be- to try the experiment again. Regard- was killed and I wasn’t. When I stop to cause he doesn’t have control over pri- less, the President and most on the left think about the prosperity in those vate lands. He tries to say: In my ad- insist that taxpayers are subsidizing days of the oil and gas industry in ministration we expanded production. oil and gas firms. But, apparently, they Oklahoma, I think about the nearby That has happened in spite of his poli- have not been reading the facts. town of Pawhuska, where people had to cies. The Tax Foundation recently esti- wait in line to pay their lunch bill. It At end of the day, all of President mated that between 1981 and 2008, oil was full employment and not an empty Obama’s oil and gas policies make it and gas companies sent more money to storefront. But up until we started pro- harder for U.S. firms to justify projects Washington and State capitols than ducing again in Oklahoma, it was very at home. This is to the detriment of they earned in profits for shareholders. much almost a ghost town. our economy. Just look at the increase The administration’s own Energy In- Now things are coming back, and we in taxes, the killing of the pipelines, formation Administration reported can take advantage of that. In spite of the stopping of hydraulic fracturing, that the industry paid about $35.7 bil- making drilling off-limits. To let you the tax policies of President Obama, we lion in corporate taxes in 2009. are coming back, and we can do this know what States are missing out on, a The oil and gas industry sends $86 Friday New York Times front-page ar- throughout the United States. The million per day to Federal and State most important thing we can do is ticle ran about oil and gas development governments, and their effective in- going on in west Texas describes how make sure the Menendez-Obama bill to come tax rate is over 41 percent, which increase taxes on the oil and gas com- this helped the local economy, saying may be the highest of any industry in new-found wealth is spreading beyond panies in the United States is defeated. America. But the President and con- We hope we have the opportunity to do the fields in nearby towns. gressional Democrats want them to Petroleum companies are buying so that. pay more. many pickup trucks that dealers are With that I yield the floor. I suggest In addition to these tax increases, leasing parking lots the size of city the absence of a quorum. Secretary Salazar recently told Con- blocks to stock their inventory. Hous- The PRESIDING OFFICER. The gress his department is planning to ing is in such short supply the drillers clerk will call the roll. raise the onshore royalty rate by 50 are importing contractors from Hous- The legislative clerk proceeded to percent. These are the royalty rates to ton. The hotels are leased out before call the roll. ensure taxpayers get a fair return on they are even built. Two new office Mr. INHOFE. Mr. President, I ask the development of oil and gas leases buildings are going up in Midland, a unanimous consent the order for the on public lands. If what we are trying city of just over 110,000 people—the quorum call be rescinded. first in 30 years—while the total value to do is raise more revenue, we should Mr. TESTER. Without objection, it is of downtown real estate has jumped 50 get it by growing the economy. so ordered. We have used the figure over and percent since 2008, with virtually no f over that with each 1 percent increase unemployment. in economic activity that translates CONCLUSION OF MORNING Restaurants cannot be found. They BUSINESS cannot find people to work because into about $50 billion in new revenue. they are fully employed. One of the in- We can do that by unlocking more do- The PRESIDING OFFICER. Morning dividuals from Oklahoma, a great pro- mestic supply for development, and business is closed. ducer, went up to North Dakota. He is this will lower prices at the same time. f up there right now. I talked to him We have plenty of it. The CRS report recently stated we have the largest REPEAL BIG OIL TAX SUBSIDIES yesterday and he said: The biggest ACT—MOTION TO PROCEED problem we have is that we cannot hire combined oil, natural gas, and coal re- anyone. It is full employment. Things coverable reserves on Earth—more The PRESIDING OFFICER. Under are great. than any other country, more than the previous order, the Senate will re- That is what the rest of the country Saudi Arabia, more than any other sume consideration of the motion to is missing out on. When we make the country. This means we have a 50-year proceed to S. 2204, which the clerk will United States less competitive for U.S. supply of oil in present consumption in report. oil and gas firms, as the President’s tax the United States, for 50 years, just ex- The legislative clerk read as follows: policies propose, this sort of red-hot porting our own development or 90 Motion to proceed to Calendar No. 337, S. growth goes to places such as Azer- years’ supply of natural gas. 2204, a bill to eliminate unnecessary tax sub- baijan and Nigeria instead of Midland, At the end of the day, this bill, and sidies and promote renewable energy and en- TX, and Oklahoma City. Rather than the rest of the President’s proposals, ergy conservation. help our economy, the President’s tax will only make U.S. oil firms less com- The PRESIDING OFFICER. Under policies make us more reliant on for- petitive compared to their inter- the previous order, the time until 5:30 eign oil imports from unstable regions national peers. It will raise the cost of p.m. will be equally divided between of the world. energy by restricting global prices. It the two leaders or their designees. I don’t know about you, but I would will force us to become more reliant on Mr. INHOFE. Mr. President, I ask rather see pickup truck dealerships others, which will make us more vul- unanimous consent that the time on running out of vehicles to sell in Cush- nerable from a defense and economic each side be equally divided during the ing, OK, than in Caracas, Venezuela. security perspective. The only way to quorum calls.

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.027 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2026 CONGRESSIONAL RECORD — SENATE March 26, 2012 The PRESIDING OFFICER. Without visions that are available for energy- Then there is the Keystone Pipeline, objection, it is so ordered. and nonenergy-related industries. For which is well-known. The President is Mr. INHOFE. I suggest the absence of example, the section 199 domestic pro- the primary obstacle to the completion a quorum. duction deduction incentive is avail- of that pipeline which will create more The PRESIDING OFFICER. The able to most domestic manufacturers than 20,000 new jobs and produce 700,000 clerk will call the roll. with income derived from production barrels of oil at refineries in the United The legislative clerk proceeded to property that was manufactured, pro- States from a safe and friendly call the roll. duced, grown, or extracted within the source—the nation of Canada. Because Mr. CORNYN. Mr. President, I ask United States. the President is blocking completion of unanimous consent that the order for So this section 199 provision applies the Keystone XL Pipeline, they are the quorum call be rescinded. to a whole host of American busi- looking for alternative customers. In- The PRESIDING OFFICER. Without nesses, not just the oil and gas busi- deed, the Prime Minister of Canada has objection, it is so ordered. ness. Yet the Menendez bill and the visited China to prospect that poten- Mr. CORNYN. Mr. President, I come Obama administration continue to sin- tial purchase. to the floor today to express concerns gle out oil producers for tax increases, What is worse, it is not just that the about the rising cost of gasoline and even though oil-related activities are President hasn’t acted, it is that the the Obama administration’s efforts to already limited from claiming the de- President has actually lobbied in the further increase the American con- duction compared to other industries. Senate to defeat efforts to bypass his sumers’ pain at the pump. Analysis by the Congressional Re- obstruction to the completion of the As we all know, the average price of search Service for the energy targeted Keystone XL Pipeline. gasoline has now more than doubled tax incentives shows that while the Well, the President must be feeling since the first week of the President’s majority of U.S. primary energy pro- the heat because he showed up in Cush- inauguration in January 2009, from duction comes from fossil fuels, the ing, OK, to celebrate and to say he $1.84 a gallon to $3.86. Furthermore, the majority of energy tax-related revenue would expedite about one-third of the Associated Press has reported the typ- losses are associated with provisions pipeline, which, ironically, doesn’t re- ical American household spends about designed to support renewables. quire him to do anything. It certainly $4,155 a year filling up at the pump—an During 2009, 77.9 percent of U.S. pri- doesn’t turn on the spigot in Canada to all-time high—and 8.4 percent of the mary energy production could be at- get the oil in that pipeline to come median household income, the highest tributed to fossil fuels—77.9 percent in from Canada down to the United percentage spent for gasoline since 1981 2009. Of the Federal tax support tar- States. when oil prices soared due to the crisis geted to energy in 2009, an estimated So we can see our Nation has no co- in the Middle East. 12.6 percent went toward fossil fuels. In herent energy policy. We see that not The Energy Information Administra- contrast, in that same year, more than only is this an area that has been ne- tion estimates that 72 percent of the 10 percent of U.S. primary energy glected to the detriment of the Amer- price of a gallon of gasoline is made up sources came from renewable fuels. ican consumer, but actually the sorts from the cost of crude oil, which is a In other words, just to repeat: 10.6 of policies being pursued by the admin- globally traded commodity. Although percent from renewable, 77.9 in that istration—particularly with regard to some would like to distract from the same year from oil and gas, but not- the Keystone XL Pipeline and raising fundamentals, Congress cannot repeal withstanding the fact only 10 percent taxes on domestic oil producers—are the law of supply and demand. of energy produced came from renew- designed to make matters worse for Indeed, President Obama used to able fuels, 77.4 percent of energy tar- American consumers at a time when agree with us. Last March, for exam- geted Federal tax support went toward they are struggling to recover from ple, he said ‘‘producing more oil in supporting renewable fuels. this recession, with historically high America will help lower oil prices.’’ If we want to put all these tax provi- rates of unemployment and too few However, his administration has adopt- sions on the table, I think we should do jobs. ed policies that directly conflict with that. As a matter of fact, the Simpson- Looking at all the evidence on en- our goal of lowering gasoline prices. To Bowles study identified more than $1 ergy prices, it is hard to come to any add insult to injury, with the public trillion of tax expenditures. But let’s conclusion other than that high energy outcry, the President is out to further not just pick out one sector of the prices are part of President Obama’s confuse the facts and actually take economy and, in the process, raise plan. The policies he has put in place credit for increasing production when taxes and increase the price of gasoline have intentionally elevated the price of those increases have been on private at the pump as an unintended but gasoline, much to the detriment of the lands outside of his control, and while clearly likely outcome. American people. opposing greater exploration on Fed- We know the Menendez bill is not Mr. President, I yield the floor. eral lands under his purview. At the about tax reform. This is about mixing The PRESIDING OFFICER. The Sen- same time he is even seeking now to the message and trying to drive a ator from the State of New Jersey. push prices even higher by raising wedge between the American people Mr. PRESIDING OFFICER. The Sen- taxes in his fiscal year 2013 budget. and the people who actually create ator from New Jersey. This week the Senate will be debat- jobs. Unfortunately for the administra- Mr. MENENDEZ. Mr. President, I ing a bill by Senator MENENDEZ of New tion, raising taxes will, in fact, trans- rise in support of S. 2204, which is my Jersey to increase taxes on oil pro- late into higher prices. legislation to repeal Big Oil subsidies. ducers. I don’t know of anyone who It is a fair question to ask whether This bill is pretty simple. We end could reach any other conclusion than this administration can defend its poli- wasteful subsidies to the big five oil that by raising taxes on the people who cies, such as their budget proposal to companies, and we use those proceeds produce oil and gas, it will raise, not raise taxes where they argued these tax to invest in clean energy, in creating lower, the cost of oil, thus the refined provisions should be repealed because jobs, and reducing the deficit. I think petroleum product known as gasoline. they ‘‘encourage overproduction of oil’’ the American people are sick and tired So, actually, by punitively and in a dis- and are thereby ‘‘detrimental to long- of paying ridiculously high gasoline criminatory sort of way raising prices term energy security.’’ prices at the pump and then paying Big on an unpopular sector of the economy, I am not sure most Americans under- Oil again with our collective taxpayer we will actually make matters worse, stand that the official policy of this ad- subsidies. I think that money is better not better. ministration is that tax deductions spent keeping our economy going and The Tax Code supports the energy should be removed because they en- developing alternatives to oil that will sector by providing a number of tar- courage overproduction of oil in Amer- create competition in the marketplace geted tax incentives—or tax incentives ica. I thought the goal—one of our and help to reduce gas prices. only available to the energy industry. goals—was to produce more at home so We are poised to waste $24 billion In addition to targeted tax incentives, we would depend less on imported en- over the next 10 years subsidizing only there are a number of broader tax pro- ergy from abroad. five companies that are poised to make

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.030 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2027 over $1 trillion in profits—not pro- lower the deficit while we give tax- renewable energy projects around the ceeds, in profits—over the same time payer dollars away to Big Oil compa- country. It has leveraged over $35 bil- frame. And as we all pay more at the nies that are making record profits and lion in investments to create tens of pump, Big Oil rakes in more money. not producing more energy. It is amaz- thousands of energy projects. In my Exxon boasts in its Securities and ing to me that anybody can come and home State of New Jersey alone, 750 Exchange Commission filings that for make that argument. grants were given for solar, geo- every $1 increase in the price of oil, What makes these subsidies even thermal, landfill gas, hydropower, wind their profits rise by $375 million. For more ridiculous is that when we projects. These projects are worth over every $1 the price of oil goes up, they pressed those who have supported the $350 million, creating many jobs, and boast in their filings that their prof- industry or those who have come from will help New Jersey on energy bills for its—not proceeds, profits—rise by $375 the industry, everyone seems to admit decades to come. million. The American driver’s pain is that oil companies do not need these Another important renewable energy Big Oil’s profit. subsidies. Former President Bush, who incentive is the production tax credit What is Big Oil doing with its prof- was very good with the oil industry, for wind. Since the last reauthorization its? Well, the answer is not useful. As said that oil companies do not need in- of PTC in 2005, wind power capacity has you can see in this chart, the profits centives to drill when oil hits $55 per more than tripled. But if that produc- from the big five oil companies were barrel. Those were his remarks. Now it tion tax credit is not extended, it is es- $137 billion in 2011. That is an impres- is over $100 a barrel. So if they didn’t timated that annual installations of sive 75-percent increase from 2010. Did need incentives to drill when it was at wind will drop by more than 75 percent they use that extra money to produce $55 a barrel, how does anybody come to and wind-supported jobs will decline more oil, as some of my colleagues the floor and suggest they need incen- from 78,000 in 2012 to 41,000 in 2013, and here would suggest? No, they didn’t. tives now when it is over $100 a barrel? total wind energy investment will drop They took your money and actually in Then the former CEO of Shell said by nearly two-thirds. So it is time to that time frame didn’t produce a drop that subsidies are not necessary for get back to reality. It is time to tell more of oil. As you can see, despite the drilling and production. That is pretty middle-class families struggling to fact that overall U.S. production is much probably clear when they are make ends meet that fairness means higher now than it has been in the last making $137 billion in that 1 year, and everyone—everyone—pays their fair 8 years, last year these five companies where they will make $1 trillion over share when it comes to reduce the def- actually produced 4 percent less oil. the next decade. icit. It means ending ridiculous tax- Of the $24 billion we save by cutting So it is fair to ask: If they did not in- payer giveaways to the five most prof- these subsidies to the big five, we can vest to produce more oil, then what are itable companies in the world. use over $11 billion to extend a series of they doing with this $137 billion in I cannot understand how the oil in- critically important expiring energy profits, this 75-percent increase in prof- dustry is spending money on radio and tax incentives. These clean energy its in 1 year? Well, they spent about $38 other forms of media to say, Oh, my technologies will cut demand for oil, billion repurchasing their own stock to God, If you take any of our subsidies they will drive economic growth, will enrich themselves, and they spent away—and these aren’t even all of the create jobs, and will allow America to nearly $70 million on campaign con- subsidies they have. These are just a lead the global clean energy market. tributions and lobbying to protect Despite Big Oil’s rhetoric—let me couple, the $24 billion over 10 years. their billions of dollars in subsidies. As tell you, it is amazing. I see they are They are going to make $1 trillion over you can see here, it was a pretty smart spending a lot of that money, all this 10 years. So you are telling the Amer- investment. For every $1 they spent in money here not making oil, but they ican people that when you are going to lobbying, they got about $30 in sub- are spending it on television to scare make $1 trillion over 10 years, we col- sidies. One might say that is not a bad everybody and to say that, Oh, if you lectively as taxpayers must still give return on their investment. take any of those subsidies away, you $24 billion or else somehow $1 tril- So instead of giving these subsidies somehow prices will rise. Well, we lion minus $24 billion wouldn’t be to Big Oil so they can enrich them- know that, despite Big Oil’s rhetoric, enough for you in profits that you selves and seek to affect and control cutting subsidies will not raise gas would gouge the consumer at the our political system, I think we could prices. We know that. Why? Because pump? I don’t think the American peo- use some of those funds to reduce the experts from the U.S. States Treasury ple are going to accept that. deficit. I think we can all agree we Department, from the nonpartisan It is time for us to stop wasting tax- need to reduce the deficit, but there Congressional Research Service, and payer money on oil subsidies and use seems to be some considerable dis- from oil executive testimony that this money to invest in clean energy, agreement on how to do it. Last week, came before the Finance Committee in jobs, in lowering the deficit. All of those on the other side of the aisle that I sit on, made it very clear that is that can be done on this opportunity came out with what I call the Romney- not the case. when we vote in favor of moving for- Ryan budget, their proposed budget, But more than that, some of the ward on S. 2204, the Repeal Big Oil Sub- and it would drastically cut funding for most important tax policies that will sidies Act. It is time to put the inter- wounded soldiers, for seniors, for stu- be extended in this bill will help drive ests of the American people ahead of dents, but it leaves in place these down gas prices by creating competi- the money interests in this Congress wasteful subsidies even though we have tion for oil as a transportation fuel. with this vote, and then moving for- this enormous profit. These incentives include the one for ward. Through some political sleight of biofuels such as cellulosic ethanol, bio- I hear my colleagues may very well hand they defy reality when they tell diesel, also incentives for natural gas vote for us today to have a debate— us with a straight face that we have to and propane used as a transportation which I more than welcome. I am look- make tough choices, and then they cut fuel. There are also incentives for al- ing forward to it. I have got a lot more funding for wounded soldiers, for sen- ternative fuel refueling infrastructure to talk about in this regard—but then iors, and students but won’t touch the and for electric vehicles. Taken to- won’t vote at the end to repeal the sub- subsidies for Big Oil. gether, these incentives are laying the sidies. So I guess what we will hear is Somehow, in this Republican parallel groundwork for a truly competitive a chorus of voices that will speak universe, logic is turned on its head market where we are not beholden to about defending Big Oil and defending and we are asked to believe that fair- one type of fuel to power our vehicles. its $24 billion in subsidies, and justi- ness doesn’t mean treating everyone But the good news doesn’t even end fying that even with $1 trillion in prof- equally. It means more for the very there. There are also tax incentives its they still need to get their hands rich and more for Big Oil. But we don’t that will help the United States com- into the pockets of taxpayers and take live in a parallel universe. We live in pete for the renewable industries of the another $24 billion in addition to what the real world. Fairness means that 21st century. they get at the pump so they can make working families should not be the For example, the section 1603 Treas- even more profits. And, somehow, there only people sacrificing. And we can’t ury grant program has helped finance will be a justification to that. I hope

VerDate Mar 15 2010 02:32 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.032 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2028 CONGRESSIONAL RECORD — SENATE March 26, 2012 the American people will be watching, the American people. Tonight’s vote The yeas and nays resulted—yeas 92, because that type of justification is be- starts a process: Which side are we on? nays 4, as follows: yond comprehension. I know it as I Are we on the side of the American [Rollcall Vote No. 59 Leg.] hear it from families in New Jersey. taxpayer or are we on the side of Big YEAS—92 I hope we will have this debate. I Oil? I hope an overwhelming number of Akaka Franken Murkowski hope we will be able to move forward. our colleagues will, starting tonight Alexander Gillibrand Murray I want to be able to talk about how I and moving toward final passage, say Ayotte Graham Nelson (FL) hear my colleagues talk about drill, we are on the side of the American tax- Barrasso Grassley Paul baby, drill. Well, I was incredulously Baucus Hagan Portman payer and the American consumer. If Bennet Harkin Pryor amazed that actually we are now ex- we do that, we can create some justice Bingaman Heller Reed porting from the United States mil- in this process. We can help create Blumenthal Hoeven Reid Blunt Hutchison lions of gallons of gasoline and refined competition in the energy market to Risch Boozman Inouye Roberts petroleum products every day to other Brown (MA) Isakson drive down prices, we can reduce the Rockefeller Brown (OH) Johanns places in the world. It seems to me deficit by another $12 billion, and we Rubio Burr Johnson (SD) that if we drill it here, particularly on Sanders can be a lot more fair to working fami- Cantwell Johnson (WI) Schumer Federal lands and water, we should lies in this country. That is the choice Cardin Kerry keep it here because obviously the big- before us. That is a choice the Senate Carper Klobuchar Sessions ger the supply we have, the more we Casey Kohl Shaheen will make in a positive way. Shelby are going to create downward pressure Chambliss Kyl I yield the floor and suggest the ab- Coats Lautenberg Snowe on prices. But I think most Americans sence of a quorum. Coburn Leahy Stabenow Tester would be pretty shocked to know that The PRESIDING OFFICER (Ms. KLO- Cochran Levin we are actually exporting. They think Collins Lieberman Thune BUCHAR). The clerk will call the roll. Toomey everything that is created here is kept Conrad Lugar The assistant legislative clerk pro- Coons Manchin Udall (CO) here, which is why I found it inter- ceeded to call the roll. Corker McCain Udall (NM) esting—I keep hearing my colleagues Mr. BINGAMAN. Madam President, I Cornyn McCaskill Vitter talk about the Keystone Pipeline. Well, Crapo McConnell Warner ask unanimous consent the order for DeMint Menendez Webb there are those of us who said, You the quorum call be rescinded. Durbin Merkley Whitehouse know what. If you will make it with The PRESIDING OFFICER. Without Enzi Mikulski Wicker materials made in America so that we objection, it is so ordered. Feinstein Moran Wyden can ensure American jobs are created Mr. BINGAMAN. I thank the Chair. NAYS—4 with it, and if you keep the energy here CLOTURE MOTION Begich Landrieu and not export it someplace around the The PRESIDING OFFICER. The clo- Inhofe Nelson (NE) world, then there are a lot of people ture motion having been presented NOT VOTING—4 who would say: Yes, along with the under rule XXII, the Chair directs the Boxer Kirk right environmental safeguards, let’s clerk to read the motion. Hatch Lee consider it. But overwhelmingly that The assistant legislative clerk read The PRESIDING OFFICER. On this was voted against. So so much for as follows: vote, the yeas are 92 and the nays are American jobs. So much for securing CLOTURE MOTION 4. Three-fifths of the Senators duly American energy. Because what is the We, the undersigned Senators, in accord- chosen and sworn having voted in the use of a pipeline to bring an energy ance with the provisions of rule XXII of the affirmative, the motion is agreed to. source and then have it sent to other Standing Rules of the Senate, hereby move VOTE EXPLANATION places in the world? That doesn’t help to bring to a close debate on the Reid motion ∑ Mrs. BOXER. Madam President, I us. to proceed to Calendar No. 337, S. 2204, a bill I am a big believer if we are going to to eliminate unnecessary tax subsidies and was absent from the vote to invoke clo- drill it on Federal lands and water, we promote renewable energy and energy con- ture on the motion to proceed to S. are going to keep it here, we are going servation. 2204, the ‘‘Repeal Big Oil Subsidies to help us lower prices. I am a big be- Harry Reid, Robert Menendez, Richard J. Act.’’ Had I been present, I would have ∑ liever if we are going to do something Durbin, Patrick J. Leahy, Patty Mur- enthusiastically vote ‘‘aye.’’ ray, Carl Levin, Charles E. Schumer, Mr. SCHUMER. Madam President, I such as Keystone, let’s make sure it is Bernard Sanders, Amy Klobuchar, Al made with American materials and suggest the absence of a quorum. Franken, Benjamin L. Cardin, Sheldon The PRESIDING OFFICER (Mrs. made with American hands and, at the Whitehouse, Sherrod Brown, Mark HAGAN). The clerk will call the roll. end of the day, the energy is kept in Udall, Daniel K. Akaka, Debbie Stabe- The legislative clerk proceeded to the United States. I am a big believer now, John F. Kerry. call the roll. in saying at a time of shared sacrifice, The PRESIDING OFFICER. By unan- Mr. DURBIN. Madam President, I ask it is wrong to ask working families to imous consent, the mandatory quorum unanimous consent that the order for do more and yet give the oil companies call has been waived. the quorum call be rescinded. $24 billion, when they will make $1 tril- The question is, Is it the sense of the The PRESIDING OFFICER. Without lion in profits. It is wrong to say to a Senate that debate on the motion to objection, it is so ordered. wounded soldier we are going to cut proceed to S. 2204, a bill to eliminate f programs in his long-term health care unnecessary tax subsidies and promote that will ultimately help him get back renewable energy and energy conserva- MORNING BUSINESS on his feet, but we are going to give tion shall be brought to a close? Mr. DURBIN. Madam President, I ask Big Oil $24 billion. It is wrong to tell The yeas and nays are mandatory unanimous consent that the Senate students who are trying to determine under the rule. proceed to a period of morning busi- their future and get access to that col- The clerk will call the roll. ness, with Senators permitted to speak lege education and who will encumber The assistant legislative clerk called therein for up to 10 minutes each. themselves with significant costs along the roll. The PRESIDING OFFICER. Without the way, no, they pay more, but we are Mr. DURBIN. I announce that the objection, it is so ordered. going to give Big Oil $24 billion. It is Senator from California (Mrs. BOXER) f wrong to tell seniors we are going to is necessarily absent. end Medicare as we know it, but we are Mr. KYL. The following Senators are TRIBUTE TO SENATOR BARBARA going to give Big Oil $24 billion. That is necessarily absent: the Senator from MIKULSKI beyond my comprehension. Utah (Mr. HATCH), the Senator from Mr. HARKIN. Madam President, I I look forward to the debate because Utah (Mr. LEE), and the Senator from join with the entire Senate family in it is going to be very interesting to see Illinois (Mr. KIRK). congratulating my great friend, the some of the remarkable ways in which The PRESIDING OFFICER. Are there distinguished senior Senator from people are going to have to explain any other Senators in the Chamber de- Maryland, BARBARA MIKULSKI, on be- that. I don’t think it is explainable to siring to vote? coming the longest serving female

VerDate Mar 15 2010 02:46 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.033 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2029 Member of Congress in our Nation’s during the many months the bill was RECOGNIZING GRACE EPISCOPAL history. She reached that milestone re- being written, Senator MIKULSKI was a CHURCH cently, having served in Congress for fierce advocate for women’s health and Mr. BURR. Madam President, I am 12,858 days—more than 35 years—sur- for ending the brazen discrimination very proud to extend my recognition passing the previous longest serving against women by health insurance and congratulations to the congrega- Member of Congress, the late Rep- companies. tion and administration of the Grace resentative Edith Nourse Rogers. Episcopal Church in Plymouth, NC, as Representative Rogers famously On the HELP Committee, and also in her role as chair of the Appropriations this wonderful institution celebrates quipped, ‘‘The first 30 years are the 175 years of providing spiritual guid- hardest.’’ But I dare say that Senator subcommittee that funds the Legal Services Corporation, Senator MIKUL- ance and community service to Wash- MIKULSKI has had a somewhat different ington County and the State of North experience. As with other pathbreaking SKI has been a great leader on another issue near and dear to my heart: legal Carolina. women, she has encountered sexism This year marking the 175th anniver- services for the poor. She has fought and discrimination. But from her first sary of the founding of Grace Church, hard—and it has always been an uphill day in the House in 1977 right up to we give the citizens of Washington struggle—to provide adequate funding today, in her much respected role as County as well as the State of North dean of women Senators, BARBARA MI- so that people without resources are Carolina the opportunity to pay trib- KULSKI has been a singularly formi- not barred from the courthouse door. ute and homage to a place of worship dable and forceful public servant. Pity Of course, Senator MIKULSKI has also that has impacted many and assisted the Representative or Senator who has been one of the Senate’s leading pro- those in need of spiritual guidance. made the mistake of in any way under- ponents of national and community Plymouth, NC traces its historical estimating this remarkable person. service. In 2009, she was the Senate roots back to the 18th century and the For three and a half decades in Con- manager for the Edward M. Kennedy beginnings of our Nation. It has served gress, BARBARA MIKULSKI has been an as a port on the Roanoke River off the outspoken and proud progressive—a Serve America Act, which retooled our national service programs for the 21st Albemarle Sound for over two cen- tireless advocate for quality public turies, acting as a place of trade for education, access to health care, and a century and provided expanded oppor- tunities for young people to gain valu- much of North Carolina and the United strong safety net for those she calls States. By 1837, Plymouth had grown ‘‘the least of these our sisters and able skills and experience by helping neighbors in need. into an important port in North Caro- brothers’’—including the elderly, peo- lina and with that growth came the es- ple with disabilities, and the poor. Her Let me share a brief anecdote that il- tablishment of the Grace Episcopal passion for social and economic justice lustrates the remarkable role that Sen- Church. was nurtured by the nuns who taught ator MIKULSKI plays in the body and Plymouth was one of the ports tar- her at Catholic school in working-class the respect that she commands among geted for blockade by Union forces dur- east Baltimore. her colleagues. We all remember the ing the Civil War and in that time it is Senator MIKULSKI’s legislative ac- debate, in late February, on the Blunt believed that only 11 buildings survived complishments are too numerous to amendment, which would have allowed the war, 1 of them being the Grace cite here. But I am particularly grate- employers to deny health insurance Episcopal Church. ful for the lead role that she played in coverage for contraception. In my role Grace Episcopal Church has provided early 2009 in passing the Lilly as chair of the HELP Committee, I was the town of Plymouth and the sur- Ledbetter Fair Pay Restoration Act— invited to attend a press conference in rounding areas in Washington County the very first bill signed into law by the LBJ Room of the Capitol organized spiritual guidance and leadership for President Obama. This law reversed an by Senator MIKULSKI to speak out the last 175 years. This institution has outrageous Supreme Court decision been a beacon of light and hope to that allowed discrimination against against the amendment. Let me tell you, this was a remarkable event. Sen- many people in the region and the women to go unpunished. But, as Sen- world. ator MIKULSKI knows all too well, even ator MIKULSKI spoke first, with tre- mendous power and passion. One by Grace Episcopal Church has provided the Lilly Ledbetter Act leaves in place many charitable services and events an outrageous status quo where women one, other Senators spoke—women who, over the decades, have been coun- for citizens in need, for example one are paid only 78 cents for every $1 that guild at the church is comprised of a seled and mentored by Senator MIKUL- their male counterparts are paid. That group of knitters and other SKI: Senator PATTY MURRAY of Wash- is why she and I have continued to handcrafters that make goods for dis- ington, Senators BARBARA BOXER and work closely together to advance the tribution to those in need locally and cause of equal pay. We are the respec- DIANNE FEINSTEIN of California, and abroad. Grace Episcopal Church has tive leads on the two Democratic equal Senator JEANNE SHAHEEN of New also been an active partner in the pay bills in the Senate. Hampshire. Senator MIKULSKI’s mes- Washington County Habitat for Hu- As chair of the Health, Education, sage, echoed by the other Senators, manity projects, providing financial Labor, and Pensions Committee, I want was characteristically loud and clear: donations in addition to donating of- to pay special tribute to the extraor- Decisions about medical care should be fice space for the organization. dinary role she has long played on our made by a woman and her doctor, not I ask my colleagues to join me in committee. a woman and her boss. Needless to say, paying tribute to the Grace Episcopal Senator MIKULSKI’s legislative skills Senator MIKULSKI carried the day; the Church in Plymouth, NC for the count- and leadership were critically impor- amendment was defeated. less acts of charity and good will this tant in crafting and passing the Pa- institution has provided and will con- tient Protection and Affordable Care Other Senators have noted Senator tinue to provide eastern North Caro- Act 2 years ago—an achievement that MIKULSKI’s many firsts, including the lina. May their work be recognized and she calls one of the ‘‘greatest social first woman elevated to a leadership forever appreciated by the citizens of justice initiatives’’ of our time. She led position in the Senate. I would simply North Carolina as well as this Con- the team that wrote the quality title add that BARBARA MIKULSKI is also gress. in the bill, insisting that higher qual- first when it comes to a Senator being ity care does not have to be higher cost true to her roots, a fierce and effective f care. Thanks to Senator MIKULSKI, the champion for her State and passionate ADDITIONAL STATEMENTS health care reform law includes a fighter for social and economic justice. whole range of provisions that shift the Again, I salute the Senator on reaching emphasis—rewarding providers not for the historic milestone as the longest TRIBUTE TO PATRICK DOYLE quantity of service but for quality of serving female Member of Congress, ∑ Mr. THUNE. Madam President, today service. I would add that throughout and I wish her many more years of dis- I recognize Patrick Doyle, an intern in the debate on health care reform and tinguished service to our Nation. my Rapid City, SD, office for all of the

VerDate Mar 15 2010 02:46 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MR6.061 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2030 CONGRESSIONAL RECORD — SENATE March 26, 2012 hard work he has done for me, my ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am national tourism to the United States; to the staff, and the State of South Dakota providing notification of my intent to Committee on the Judiciary. over the past few months. suspend designation of Argentina as a By Mr. BLUMENTHAL (for himself, Patrick is a graduate of Stevens High beneficiary developing country under Mr. PORTMAN, Mr. FRANKEN, Mr. School in Rapid City, SD. Currently, he RUBIO, Ms. COLLINS, Mr. LIEBERMAN, the Generalized System of Preferences and Mrs. MCCASKILL): is attending the University of South (GSP) program. Section 502(b)(2)(E) of S. 2234. A bill to prevent human trafficking Dakota, where he is majoring in polit- the 1974 Act (19 U.S.C. 2462(b)(2)(E)) in government contracting; to the Com- ical science and history. He is a hard provides that the President shall not mittee on Homeland Security and Govern- worker who has been dedicated to get- designate any country a beneficiary de- mental Affairs. ting the most out of his internship ex- veloping country under the GSP if such By Mr. NELSON of Nebraska: perience. country fails to act in good faith in en- S. 2235. A bill to prohibit the establishment by air carriers and airport operators of expe- I would like to extend my sincere forcing arbitral awards in favor of U.S.- thanks and appreciation to Patrick for dited lines at airport screening checkpoints owned companies. Section 502(d)(2) of for specific categories of passengers, and for all of the fine work he has done and the 1974 Act (19 U.S.C. 2462(d)(2)) pro- other purposes; to the Committee on Com- wish him continued success in the vides that, after complying with the re- merce, Science, and Transportation. ∑ years to come. quirements of section 502(f)(2) of the By Mr. BENNET (for himself, Mr. f 1974 Act (19 U.S.C. 2462(f)(2)), the Presi- HATCH, and Mr. BURR): dent shall withdraw or suspend the des- S. 2236. A bill to provide for the expedited NOTIFICATION OF THE PRESI- development and evaluation of drugs des- DENT’S INTENT TO ADD THE RE- ignation of any country as a bene- ignated as breakthrough drugs; to the Com- PUBLIC OF SOUTH SUDAN ficiary developing country if, after mittee on Health, Education, Labor, and (SOUTH SUDAN) TO THE LIST OF such designation, the President deter- Pensions. BENEFICIARY DEVELOPING mines that as the result of changed cir- By Mr. REID: COUNTRIES UNDER THE GENER- cumstances such country would be S. 2237. A bill to provide a temporary in- ALIZED SYSTEM OF PREF- barred from designation as a bene- come tax credit for increased payroll and ex- ficiary developing country under sec- tend bonus depreciation for an additional ERENCES (GSP) PROGRAM—PM 44 year, and for other purposes; read the first tion 502(b)(2) of the 1974 Act. The PRESIDING OFFICER laid be- time. Pursuant to section 502(d) of the 1974 fore the Senate the following message f from the President of the United Act, having considered the factors set SUBMISSION OF CONCURRENT AND States which was referred to the Com- forth in section 502(b)(2)(E), I have de- SENATE RESOLUTIONS mittee on Finance: termined that it is appropriate to sus- To the Congress of the United States: pend Argentina’s designation as a bene- The following concurrent resolutions In accordance with section ficiary country under the GSP program and Senate resolutions were read, and 502(f)(1)(A) of the Trade Act of 1974, as because it has not acted in good faith referred (or acted upon), as indicated: amended (the ‘‘1974 Act’’) (19 U.S.C. in enforcing arbitral awards in favor of By Mr. WARNER (for himself, Mr. 2462(f)(1)(A)), I am notifying the Con- U.S.-owned companies. BINGAMAN, Ms. MURKOWSKI, Mr. gress of my intent to add the Republic BARACK OBAMA. LUGAR, Ms. COLLINS, Mr. PRYOR, and of South Sudan (South Sudan) to the THE WHITE HOUSE, March 26, 2012. Mr. UDALL of Colorado): S. Res. 406. A resolution commending the list of beneficiary developing countries f achievements and recognizing the impor- under the Generalized System of Pref- MEASURES PLACED ON THE tance of the Alliance to Save Energy on the erences (GSP) program. South Sudan CALENDAR 35th anniversary of the incorporation of the became an independent nation on July Alliance; to the Committee on the Judiciary. The following bills were read the sec- 9, 2011. After considering the criteria f set forth in section 502(c) of the 1974 ond time, and placed on the calendar: Act (19 U.S.C. 2462(c)), I have deter- S. 2230. A bill to reduce the deficit by im- ADDITIONAL COSPONSORS mined that South Sudan should be des- posing a minimum effective tax rate for S. 418 ignated as a GSP beneficiary devel- high-income taxpayers. At the request of Mr. HARKIN, the oping country. S. 2231. A bill to amend the Federal Credit names of the Senator from Georgia Union Act, to advance the ability of credit In addition, in accordance with sec- (Mr. ISAKSON) and the Senator from tion 502(f)(1)(B) of the 1974 Act (19 unions to promote small business growth and economic development opportunities, and for Wisconsin (Mr. JOHNSON) were added as U.S.C. 2462(f)(1)(B)), I am providing no- other purposes. cosponsors of S. 418, a bill to award a tification of my intent to add South H.R. 5. An act to improve patient access to Congressional Gold Medal to the World Sudan to the list of least-developed health care services and provide improved War II members of the Civil Air Patrol. beneficiary countries under the GSP medical care by reducing the excessive bur- S. 550 den the liability system places on the health program. After considering the criteria At the request of Mr. LIEBERMAN, the care delivery system. set forth in section 502(c) of the 1974 name of the Senator from Montana Act, I have determined that it is appro- f (Mr. TESTER) was added as a cosponsor priate to extend least-developed bene- MEASURES READ THE FIRST TIME of S. 550, a bill to improve the provi- ficiary developing country benefits to sion of assistance to fire departments, South Sudan. The following bill was read the first and for other purposes. BARACK OBAMA. time: S. 641 THE WHITE HOUSE, March 26, 2012. S. 2237. A bill to provide a temporary in- At the request of Mr. DURBIN, the f come tax credit for increased payroll and ex- name of the Senator from Minnesota tend bonus depreciation for an additional NOTIFICATION OF THE PRESI- year, and for other purposes. (Mr. FRANKEN) was added as a cospon- DENT’S INTENT TO SUSPEND sor of S. 641, a bill to provide 100,000,000 DESIGNATION OF ARGENTINA AS f people with first-time access to safe A BENEFICIARY DEVELOPING INTRODUCTION OF BILLS AND drinking water and sanitation on a sus- COUNTRY UNDER THE GENERAL- JOINT RESOLUTIONS tainable basis within six years by im- IZED SYSTEM OF PREFERENCES proving the capacity of the United (GSP) PROGRAM—PM 45 The following bills and joint resolu- States Government to fully implement tions were introduced, read the first The PRESIDING OFFICER laid be- the Senator Paul Simon Water for the and second times by unanimous con- Poor Act of 2005. fore the Senate the following message sent, and referred as indicated: from the President of the United S. 722 By Mr. SCHUMER (for himself, Mr. States which was referred to the Com- At the request of Mr. WYDEN, the LEE, Ms. MIKULSKI, Mr. BLUNT, Ms. mittee on Finance: KLOBUCHAR, Mr. KIRK, Mr. RUBIO, and name of the Senator from Maine (Ms. To the Congress of the United States: Mr. COONS): COLLINS) was added as a cosponsor of S. In accordance with section 502(f)(2) of S. 2233. A bill to amend the Immigration 722, a bill to strengthen and protect the Trade Act of 1974, as amended (the and Nationality Act to stimulate inter- Medicare hospice programs.

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At the request of Mrs. MCCASKILL, of S. 835, a bill to reform the Bureau of S. 2003 her name was added as a cosponsor of Alcohol, Tobacco, Firearms, and Explo- At the request of Mrs. FEINSTEIN, the S. 2155, a bill to amend the Farm Secu- sives, modernize firearms laws and reg- name of the Senator from South Da- rity and Rural Investment Act of 2002 ulations, protect the community from kota (Mr. JOHNSON) was added as a co- to promote biobased manufacturing. criminals, and for other purposes. sponsor of S. 2003, a bill to clarify that S. 2160 S. 960 an authorization to use military force, At the request of Mr. MORAN, the At the request of Mr. KERRY, the a declaration of war, or any similar au- name of the Senator from Nebraska name of the Senator from Maine (Ms. thority shall not authorize the deten- (Mr. JOHANNS) was added as a cospon- COLLINS) was added as a cosponsor of S. tion without charge or trial of a citizen sor of S. 2160, a bill to improve the ex- 960, a bill to provide for a study on or lawful permanent resident of the amination of depository institutions, issues relating to access to intravenous United States and for other purposes. and for other purposes. S. 2165 immune globulin (IVG) for Medicare S. 2060 beneficiaries in all care settings and a At the request of Mrs. BOXER, the At the request of Mr. KOHL, the name demonstration project to examine the names of the Senator from Nevada (Mr. of the Senator from Oregon (Mr. benefits of providing coverage and pay- HELLER) and the Senator from Missouri MERKLEY) was added as a cosponsor of ment for items and services necessary (Mrs. MCCASKILL) were added as co- S. 2060, a bill to provide for the pay- to administer IVG in the home. sponsors of S. 2165, a bill to enhance ment of a benefit to members eligible strategic cooperation between the S. 1309 for participation in the Post-Deploy- At the request of Mr. SCHUMER, the United States and Israel, and for other ment/Mobilization Respite Absence purposes. name of the Senator from Iowa (Mr. program for days of nonparticipation S. 2179 HARKIN) was added as a cosponsor of S. due to Government error. 1309, a bill to amend title XIX of the At the request of Mr. WEBB, the name S. 2066 Social Security Act to cover physician of the Senator from Vermont (Mr. services delivered by podiatric physi- At the request of Ms. MURKOWSKI, the SANDERS) was added as a cosponsor of cians to ensure access by Medicaid name of the Senator from Idaho (Mr. S. 2179, a bill to amend title 38, United beneficiaries to appropriate quality CRAPO) was added as a cosponsor of S. States Code, to improve oversight of foot and ankle care. 2066, a bill to recognize the heritage of educational assistance provided under recreational fishing, hunting, and S. 1575 laws administered by the Secretary of shooting on Federal public land and en- At the request of Mr. CARDIN, the Veterans Affairs and the Secretary of sure continued opportunities for those name of the Senator from West Vir- Defense, and for other purposes. activities. ginia (Mr. ROCKEFELLER) was added as S. 2204 a cosponsor of S. 1575, a bill to amend S. 2085 At the request of Mr. MENENDEZ, the the Internal Revenue Code of 1986 to At the request of Mr. PAUL, the name names of the Senator from Maryland modify the depreciation recovery pe- of the Senator from Alabama (Mr. SES- (Ms. MIKULSKI), the Senator from Cali- riod for energy-efficient cool roof sys- SIONS) was added as a cosponsor of S. fornia (Mrs. BOXER), the Senator from tems. 2085, a bill to strengthen employee cost New Jersey (Mr. LAUTENBERG), the Sen- ator from Oregon (Mr. WYDEN), the S. 1696 savings suggestions programs within Senator from Pennsylvania (Mr. At the request of Mr. LEAHY, the the Federal Government. CASEY), the Senator from Maryland name of the Senator from Vermont S. 2103 (Mr. CARDIN), the Senator from Cali- (Mr. SANDERS) was added as a cospon- At the request of Mr. LEE, the names fornia (Mrs. FEINSTEIN), the Senator sor of S. 1696, a bill to improve the of the Senator from Oklahoma (Mr. from Connecticut (Mr. BLUMENTHAL) Public Safety Officers’ Benefits Pro- COBURN) and the Senator from Arkan- and the Senator from Oregon (Mr. gram. sas (Mr. BOOZMAN) were added as co- MERKLEY) were added as cosponsors of S. 1718 sponsors of S. 2103, a bill to amend title 18, United States Code, to protect pain- S. 2204, a bill to eliminate unnecessary At the request of Mr. WYDEN, the tax subsidies and promote renewable capable unborn children in the District name of the Senator from Missouri energy and energy conservation. (Mr. BLUNT) was added as a cosponsor of Columbia, and for other purposes. S. 2219 of S. 1718, a bill to amend title XVIII of S. 2112 At the request of Mr. WHITEHOUSE, the Social Security Act with respect to At the request of Mr. BEGICH, the the name of the Senator from Mary- the application of Medicare secondary name of the Senator from Maryland land (Ms. MIKULSKI) was added as a co- payer rules for certain claims. (Ms. MIKULSKI) was added as a cospon- sponsor of S. 2219, a bill to amend the S. 1872 sor of S. 2112, a bill to amend title 10, Federal Election Campaign Act of 1971 At the request of Mr. JOHANNS, his United States Code, to authorize space- to provide for additional disclosure re- name was added as a cosponsor of S. available travel on military aircraft quirements for corporations, labor or- 1872, a bill to amend the Internal Rev- for members of the reserve compo- ganizations, Super PACs and other en- enue Code of 1986 to provide for the tax nents, a member or former member of tities, and for other purposes. treatment of ABLE accounts estab- a reserve component who is eligible for S. 2221 lished under State programs for the retired pay but for age, widows and At the request of Mr. THUNE, the care of family members with disabil- widowers of retired members, and de- names of the Senator from Montana ities, and for other purposes. pendents. (Mr. BAUCUS) and the Senator from S. 1884 S. 2121 Missouri (Mrs. MCCASKILL) were added At the request of Mr. DURBIN, the At the request of Ms. KLOBUCHAR, the as cosponsors of S. 2221, a bill to pro- name of the Senator from New York name of the Senator from Montana hibit the Secretary of Labor from fi- (Mrs. GILLIBRAND) was added as a co- (Mr. TESTER) was added as a cosponsor nalizing a proposed rule under the Fair sponsor of S. 1884, a bill to provide of S. 2121, a bill to modify the Depart- Labor Standards Act of 1938 relating to States with incentives to require ele- ment of Defense Program Guidance re- child labor. mentary schools and secondary schools lating to the award of Post-Deploy- S.J. RES. 39 to maintain, and permit school per- ment/Mobilization Respite Absence ad- At the request of Mr. CARDIN, the sonnel to administer, epinephrine at ministrative absence days to members name of the Senator from Vermont schools. of the reserve components to exempt (Mr. SANDERS) was added as a cospon- S. 1947 any member whose qualified mobiliza- sor of S.J. Res. 39, a joint resolution re- At the request of Mr. BLUMENTHAL, tion commenced before October 1, 2011, moving the deadline for the ratifica- the name of the Senator from Lou- and continued on or after that date, tion of the equal rights amendment.

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S. RES. 356 (1) WAGES.—The term ‘‘wages’’ has the current year business credit by reason of At the request of Mrs. FEINSTEIN, the meaning given such term under section 3121 subparagraph (A) may be carried to a taxable name of the Senator from Maryland of the Internal Revenue Code of 1986 for pur- year beginning before the date of the enact- poses of the tax imposed by section 3111(a) of ment of this section. (Mr. CARDIN) was added as a cosponsor such Code. (2) TAX-EXEMPT EMPLOYERS.— of S. Res. 356, a resolution expressing (2) COMPENSATION.—The term ‘‘compensa- (A) IN GENERAL.—The credit allowed under support for the people of Tibet. tion’’ has the meaning given such term subsection (a) with respect to qualified serv- S. RES. 370 under section 3231 of such Code for purposes ices described in subsection (d)(2)(B) for any At the request of Mr. CASEY, the of the portion of the tax imposed by section taxable year— name of the Senator from California 3221(a) of such Code that corresponds to the (i) shall be treated as a credit allowed tax imposed by section 3111(a) of such Code. under subpart C of part IV of subchapter A of EINSTEIN (Mrs. F ) was added as a co- (3) APPLICATION OF CONTRIBUTION AND BEN- chapter 1 of such Code, and sponsor of S. Res. 370, a resolution call- EFIT BASE TO CALENDAR YEAR 2011.—For pur- (ii) shall be added to the credits described ing for democratic change in Syria. poses of determining wages and compensa- in subparagraph (A) of section 6211(b)(4) of S. RES. 380 tion under subsection (a)(2), the contribution such Code. and benefit base as determined under section (B) CONFORMING AMENDMENT.—Section At the request of Mr. GRAHAM, the 230 of the Social Security Act shall be such 1324(b)(2) of title 31, United States Code, is names of the Senator from Montana amount as in effect for calendar year 2012. amended by inserting ‘‘or due under section (Mr. TESTER), the Senator from Kansas (4) SPECIAL RULE WHEN NO WAGES OR COM- 2 of the Small Business Jobs and Tax Relief (Mr. ROBERTS) and the Senator from PENSATION IN 2011.—In any case in which the Act’’ after ‘‘the Housing Assistance Tax Act Alaska (Mr. BEGICH) were added as co- sum of the wages and compensation paid by of 2008’’. sponsors of S. Res. 380, a resolution to a qualified employer for qualified services (g) TREATMENT OF POSSESSIONS.— express the sense of the Senate regard- during calendar year 2011 is zero, then the (1) PAYMENTS TO POSSESSIONS.— ing the importance of preventing the amount taken into account under subsection (A) MIRROR CODE POSSESSIONS.—The Sec- (a)(2) shall be 80 percent of the amount taken retary shall pay to each possession of the Government of Iran from acquiring nu- into account under subsection (a)(1). United States with a mirror code tax system clear weapons capability. (5) COORDINATION WITH OTHER EMPLOYMENT amounts equal to the loss to that possession S. RES. 402 CREDITS.—The amount of the excess taken by reason of the application of subsections At the request of Mr. JOHANNS, his into account under subsection (a) shall be re- (a) through (f). Such amounts shall be deter- name was added as a cosponsor of S. duced by the sum of all other Federal tax mined by the Secretary based on information provided by the government of the respective Res. 402, a resolution condemning Jo- credits determined with respect to wages or compensation paid in calendar year 2012. possession of the United States. seph Kony and the Lord’s Resistance (d) OTHER DEFINITIONS.— (B) OTHER POSSESSIONS.—The Secretary Army for committing crimes against (1) QUALIFIED EMPLOYER.—For purposes of shall pay to each possession of the United humanity and mass atrocities, and sup- this section— States which does not have a mirror code tax porting ongoing efforts by the United (A) IN GENERAL.—The term ‘‘qualified em- system the amount estimated by the Sec- States Government and governments ployer’’ has the meaning given such term retary as being equal to the loss to that pos- in central Africa to remove Joseph under section 3111(d)(2) of the Internal Rev- session that would have occurred by reason of the application of subsections (a) through Kony and Lord’s Resistance Army com- enue Code of 1986, determined by sub- stituting ‘‘section 101 of the Higher Edu- (f) if a mirror code tax system had been in ef- manders from the battlefield. cation Act of 1965’’ for ‘‘section 101(b) of the fect in such possession. The preceding sen- f Higher Education Act of 1965’’ in subpara- tence shall not apply with respect to any graph (B) thereof. possession of the United States unless such STATEMENTS ON INTRODUCED (B) AGGREGATION RULES.—Rules similar to possession establishes to the satisfaction of BILLS AND JOINT RESOLUTIONS the rules of sections 414(b), 414(c), 414(m), and the Secretary that the possession has imple- mented (or, at the discretion of the Sec- By Mr. REID: 414(o) of such Code shall apply to determine when multiple entities shall be treated as a retary, will implement) an income tax ben- S. 2237. A bill to provide a temporary single employer, and rules with respect to efit which is substantially equivalent to the income tax credit for increased payroll predecessor and successor employers may be income tax credit allowed under such sub- and extend bonus depreciation for an applied, in such manner as may be prescribed sections. additional year, and for other purposes; by the Secretary of the Treasury or the Sec- (2) COORDINATION WITH CREDIT ALLOWED read the first time. retary’s designee (in this section referred to AGAINST UNITED STATES INCOME TAXES.—No Mr. REID. Mr. President, I ask unan- as the ‘‘Secretary’’). increase in the credit determined under sec- tion 38(b) of the Internal Revenue Code of imous consent that the text of the bill (2) QUALIFIED SERVICES.—The term ‘‘quali- fied services’’ means services performed by 1986 against United States income taxes for be printed in the RECORD. an individual who is not described in section any taxable year determined by reason of There being no objection, the text of 51(i)(1) of such Code (applied by substituting subsection (f)(1)(A) shall be taken into ac- the bill was ordered to be printed in ‘‘qualified employer’’ for ‘‘taxpayer’’ each count with respect to any person— the RECORD as follows: place it appears)— (A) to whom a credit is allowed against S. 2237 (A) in a trade or business of the qualified taxes imposed by the possession by reason of this section for such taxable year, or Be it enacted by the Senate and House of Rep- employer, or (B) in the case of a qualified employer ex- (B) who is eligible for a payment under a resentatives of the United States of America in plan described in paragraph (1)(B) with re- Congress assembled, empt from tax under section 501(a) of such Code, in furtherance of the activities related spect to such taxable year. SECTION 1. SHORT TITLE. to the purpose or function constituting the (3) DEFINITIONS AND SPECIAL RULES.— This Act may be cited as the ‘‘Small Busi- basis of the employer’s exemption under sec- (A) POSSESSION OF THE UNITED STATES.—For ness Jobs and Tax Relief Act’’. tion 501 of such Code. purposes of this subsection, the term ‘‘pos- SEC. 2. TEMPORARY TAX CREDIT FOR IN- (e) APPLICATION OF CERTAIN RULES.—Rules session of the United States’’ includes Amer- CREASED PAYROLL. similar to the rules of sections 280C(a) and ican Samoa, Guam, the Commonwealth of (a) IN GENERAL.—In the case of a qualified 6501(m) of the Internal Revenue Code of 1986 the Northern Mariana Islands, the Common- employer who elects the application of this shall apply with respect to the credit deter- wealth of Puerto Rico, and the United States section, there shall be allowed as a credit mined under this section. Virgin Islands. against the tax imposed by chapter 1 of the (f) TREATMENT OF CREDIT.—For purposes of (B) MIRROR CODE TAX SYSTEM.—For pur- Internal Revenue Code of 1986 for the taxable the Internal Revenue Code of 1986— poses of this subsection, the term ‘‘mirror year which includes December 31, 2012, an (1) TAXABLE EMPLOYERS.— code tax system’’ means, with respect to any amount equal to 10 percent of the excess (if (A) IN GENERAL.—The credit allowed under possession of the United States, the income any) of— subsection (a) with respect to qualified serv- tax system of such possession if the income (1) the sum of the wages and compensation ices described in subsection (d)(2)(A) for any tax liability of the residents of such posses- paid by such qualified employer for qualified taxable year shall be added to the current sion under such system is determined by ref- services during calendar year 2012, over year business credit under section 38(b) of erence to the income tax laws of the United (2) the sum of such wages and compensa- such Code for such taxable year and shall be States as if such possession were the United tion paid during calendar year 2011. treated as a credit allowed under subpart D States. (b) LIMITATION.—The amount of the excess of part IV of subchapter A of chapter 1 of (C) TREATMENT OF PAYMENTS.—For pur- taken into account under subsection (a) with such Code. poses of section 1324(b)(2) of title 31, United respect to any qualified employer shall not (B) LIMITATION ON CARRYBACKS.—No por- States Code, the payments under this sub- exceed $5,000,000. tion of the unused business credit under sec- section shall be treated in the same manner (c) WAGES AND COMPENSATION.—For pur- tion 38 of such Code for any taxable year as a refund due from credit provisions de- poses of this section— which is attributable to an increase in the scribed in such section.

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(h) REGULATIONS.—The Secretary shall pre- preciation amounts for all taxable years end- (2) EFFECTIVE DATE.—The amendment scribe such regulations or guidance as are ing after such date for which an election made by this subsection shall apply to tax- necessary to carry out the provisions of this under this paragraph was made which pre- able years ending after December 31, 2011. section. cede the taxable year for which the deter- (3) TRANSITIONAL RULE.—In the case of a SEC. 3. EXTENSION OF ALLOWANCE FOR BONUS mination is made (other than amounts deter- taxable year beginning before January 1, DEPRECIATION FOR CERTAIN BUSI- mined with respect to property placed in 2012, and ending after December 31, 2011, the NESS ASSETS. service by the taxpayer on or before such bonus depreciation amount determined (a) EXTENSION OF 100 PERCENT BONUS DE- date), or under paragraph (4) of section 168(k) of the PRECIATION.— ‘‘(II) the minimum tax credit under section Internal Revenue Code of 1986 for such year (1) IN GENERAL.—Paragraph (5) of section 53(b) for such taxable year determined by shall be the sum of— 168(k) of the Internal Revenue Code of 1986 is taking into account only the adjusted min- (A) such amount determined under such amended— imum tax for taxable years ending before paragraph as in effect on the date before the (A) by striking ‘‘January 1, 2012’’ each January 1, 2012 (determined by treating cred- date of enactment of this Act— place it appears and inserting ‘‘January 1, its as allowed on a first-in, first-out basis). (i) taking into account only property 2013’’, and ‘‘(iii) AGGREGATION RULE.—All corporations placed in service before January 1, 2012, and (B) by striking ‘‘January 1, 2013’’ and in- which are treated as a single employer under (ii) multiplying the limitation under sub- serting ‘‘January 1, 2014’’. section 52(a) shall be treated— paragraph (C)(ii) of such paragraph (as so in (2) CONFORMING AMENDMENTS.— ‘‘(I) as 1 taxpayer for purposes of this para- effect) by a fraction the numerator of which (A) The heading for paragraph (5) of sec- graph, and is the number of days in the taxable year be- tion 168(k) of such Code is amended by strik- ‘‘(II) as having elected the application of fore January 1, 2012, and the denominator of ing ‘‘PRE-2012 PERIODS’’ and inserting ‘‘PRE-2013 this paragraph if any such corporation so which is the number of days in the taxable PERIODS’’. elects. year, and (B) Clause (ii) of section 460(c)(6)(B) of such ‘‘(C) ELIGIBLE QUALIFIED PROPERTY.—For (B) such amount determined under such Code is amended by striking ‘‘January 1, 2011 purposes of this paragraph, the term ‘eligible paragraph as amended by this Act— (January 1, 2012’’ and inserting ‘‘January 1, qualified property’ means qualified property (i) taking into account only property 2013 (January 1, 2014’’. under paragraph (2), except that in applying placed in service after December 31, 2011, and (3) EFFECTIVE DATES.— paragraph (2) for purposes of this para- (ii) multiplying the limitation under sub- (A) IN GENERAL.—Except as provided in graph— paragraph (B)(ii) of such paragraph (as so in subparagraph (B), the amendments made by ‘‘(i) ‘March 31, 2008’ shall be substituted for effect) by a fraction the numerator of which this section shall apply to property placed in ‘December 31, 2007’ each place it appears in is the number of days in the taxable year service after December 31, 2011. subparagraph (A) and clauses (i) and (ii) of after December 31, 2011, and the denominator subparagraph (E) thereof, (B) CONFORMING AMENDMENT.—The amend- of which is the number of days in the taxable ment made by paragraph (2)(B) shall apply to ‘‘(ii) ‘April 1, 2008’ shall be substituted for year. ‘January 1, 2008’ in subparagraph (A)(iii)(I) property placed in service after December 31, f 2010. thereof, and ‘‘(iii) only adjusted basis attributable to (b) EXPANSION OF ELECTION TO ACCELERATE SUBMITTED RESOLUTIONS manufacture, construction, or production— AMT CREDITS IN LIEU OF BONUS DEPRECIA- ‘‘(I) after March 31, 2008, and before Janu- TION.— ary 1, 2010, and (1) IN GENERAL.—Paragraph (4) of section SENATE RESOLUTION 406—COM- ‘‘(II) after December 31, 2010, and before 168(k) of the Internal Revenue Code of 1986 is January 1, 2013, shall be taken into account MENDING THE ACHIEVEMENTS amended to read as follows: under subparagraph (B)(ii) thereof. AND RECOGNIZING THE IMPOR- ‘‘(4) ELECTION TO ACCELERATE AMT CREDITS ‘‘(D) CREDIT REFUNDABLE.—For purposes of TANCE OF THE ALLIANCE TO IN LIEU OF BONUS DEPRECIATION.— section 6401(b), the aggregate increase in the SAVE ENERGY ON THE 35TH AN- ‘‘(A) IN GENERAL.—If a corporation elects credits allowable under part IV of subchapter to have this paragraph apply for any taxable NIVERSARY OF THE INCORPORA- A for any taxable year resulting from the ap- TION OF THE ALLIANCE year— plication of this paragraph shall be treated ‘‘(i) paragraph (1) shall not apply to any el- as allowed under subpart C of such part (and Mr. WARNER (for himself, Mr. igible qualified property placed in service by not any other subpart). BINGAMAN, Ms. MURKOWSKI, Mr. LUGAR, the taxpayer in such taxable year, ‘‘(E) OTHER RULES.— Ms. COLLINS, Mr. PRYOR, and Mr. ‘‘(ii) the applicable depreciation method ‘‘(i) ELECTION.—Any election under this UDALL of Colorado) submitted the fol- used under this section with respect to such paragraph may be revoked only with the property shall be the straight line method, lowing resolution; which was referred consent of the Secretary. to the Committee on the Judiciary: and ‘‘(ii) PARTNERSHIPS WITH ELECTING PART- ‘‘(iii) the limitation imposed by section NERS.—In the case of a corporation making S. RES. 406 53(c) for such taxable year shall be increased an election under subparagraph (A) and Whereas March 18, 2012, marks the first day by the bonus depreciation amount which is which is a partner in a partnership, for pur- of a year-long celebration of the 35th anni- determined for such taxable year under sub- poses of determining such corporation’s dis- versary of the Alliance to Save Energy, paragraph (B). tributive share of partnership items under which was incorporated as a nonprofit orga- ‘‘(B) BONUS DEPRECIATION AMOUNT.—For section 702— nization in accordance with section 501(c)(3) purposes of this paragraph— ‘‘(I) paragraph (1) shall not apply to any el- of the Internal Revenue Code of 1986 on ‘‘(i) IN GENERAL.—The bonus depreciation igible qualified property, and March 18, 1977; amount for any taxable year is an amount ‘‘(II) the applicable depreciation method Whereas the Alliance to Save Energy was equal to 20 percent of the excess (if any) of— used under this section with respect to such founded by Senators Charles H. Percy and ‘‘(I) the aggregate amount of depreciation property shall be the straight line method. Hubert H. Humphrey; which would be allowed under this section ‘‘(iii) CERTAIN PARTNERSHIPS.—In the case Whereas the Alliance to Save Energy is a for eligible qualified property placed in serv- of a partnership in which more than 50 per- unique national, nonprofit, bipartisan pub- ice by the taxpayer during such taxable year cent of the capital and profits interests are lic-policy organization that works with if paragraph (1) applied to all such property, owned (directly or indirectly) at all times prominent leaders in the fields of business, over during the taxable year by one corporation government, education, the environment, ‘‘(II) the aggregate amount of depreciation (or by corporations treated as 1 taxpayer and consumer affairs to promote the effi- which would be allowed under this section under subparagraph (B)(iii)), for purposes of cient and clean use of energy throughout the for eligible qualified property placed in serv- subparagraph (B), each partner shall take world to benefit the economy, environment, ice by the taxpayer during such taxable year into account its distributive share of the and security of the United States; if paragraph (1) did not apply to any such amounts determined by the partnership Whereas the Alliance to Save Energy oper- property. under subclauses (I) and (II) of clause (i) of ates programs and collaborative projects The aggregate amounts determined under such subparagraph for the taxable year of throughout the United States, and has subclauses (I) and (II) shall be determined the partnership ending with or within the worked in the international community for without regard to any election made under taxable year of the partner. The preceding more than a decade in more than 30 devel- subsection (b)(2)(D), (b)(3)(D), or (g)(7) and sentence shall apply only to amounts deter- oping and transitional countries; without regard to subparagraph (A)(ii). mined with respect to property placed in Whereas the Alliance to Save Energy ‘‘(ii) LIMITATION.—The bonus depreciation service after December 31, 2011. leverages international relationships with amount for any taxable year shall not exceed ‘‘(iv) SPECIAL RULE FOR PASSENGER AIR- government and industry leaders to promote the lesser of— CRAFT.—In the case of any passenger air- energy efficiency throughout the world and ‘‘(I) 50 percent of the minimum tax credit craft, the written binding contract limita- has worked to launch affiliate organizations under section 53(b) for the first taxable year tion under paragraph (2)(A)(iii)(I) shall not such as the European Alliance to Save En- ending after December 31, 2011, reduced (but apply for purposes of subparagraphs (B)(i)(I) ergy and the Australian Alliance to Save En- not below zero) by the sum of the bonus de- and (C).’’. ergy;

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MR6.015 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2034 CONGRESSIONAL RECORD — SENATE March 26, 2012 Whereas the Alliance to Save Energy has him to the bill S. 2204, to eliminate un- ‘‘(4) CONTROLLED GROUPS.—All United shown that energy efficiency and conserva- necessary tax subsidies and promote States shareholders which are members of an tion measures taken by the United States renewable energy and energy conserva- affiliated group filing a consolidated return during the past 35 years have caused annual tion; which was ordered to lie on the under section 1501 shall be treated as one energy consumption in the United States to United States shareholder.’’. decrease by more than 52 quads; table; as follows: Whereas the Alliance to Save Energy is At the end, add the following: (c) AMOUNT OF DEDUCTION.— recognized across the United States as an au- TITLE ll—FOREIGN EARNINGS (1) IN GENERAL.—Paragraph (1) of section thority on energy efficiency, and regularly REINVESTMENT 965(a) of the Internal Revenue Code of 1986 is provides testimony and resources to the Fed- SEC. l01. SHORT TITLE. amended by striking ‘‘85 percent’’ and insert- eral Government, State governments, and This title may be cited as the ‘‘Foreign ing ‘‘75 percent’’. members of the business and media commu- Earnings Reinvestment Act’’. (2) BONUS DEDUCTION IN SUBSEQUENT TAX- nities; SEC. l02. ALLOWANCE OF TEMPORARY DIVI- ABLE YEAR FOR INCREASING JOBS.—Section 965 Whereas the Alliance to Save Energy con- DENDS RECEIVED DEDUCTION FOR of such Code is amended by adding at the end tributes to a variety of educational and out- DIVIDENDS RECEIVED FROM A CON- the following new subsection: reach initiatives, including— TROLLED FOREIGN CORPORATION. ‘‘(g) BONUS DEDUCTION.— (1) the award-winning Green Schools and (a) APPLICABILITY OF PROVISION.— ‘‘(1) IN GENERAL.—In the case of any tax- Green Campus programs; (1) IN GENERAL.—Subsection (f) of section (2) award-winning public service an- 965 of the Internal Revenue Code of 1986 is payer who makes an election to apply this nouncements; and amended to read as follows: section, there shall be allowed as a deduction ‘‘(f) ELECTION; ELECTION YEAR.— (3) a variety of targeted energy-effi- for the first taxable year following the elec- ‘‘(1) IN GENERAL.—The taxpayer may elect ciency campaigns; and tion year an amount equal to the applicable to apply this section to— Whereas the Alliance to Save Energy col- percentage of the cash dividends which are ‘‘(A) the taxpayer’s last taxable year which laborates with other prominent organiza- taken into account under subsection (a) with begins before the date of the enactment of tions to form partnerships and create groups respect to such taxpayer for the election the Foreign Earnings Reinvestment Act, or that advance the cause of energy efficiency, year. ‘‘(B) the taxpayer’s first taxable year including— ‘‘(2) APPLICABLE PERCENTAGE.—For pur- which begins during the 1-year period begin- (1) the Building Codes Assistance Project ning on such date. poses of paragraph (1), the applicable per- (commonly known as ‘‘BCAP’’); centage is the amount which bears the same Such election may be made for a taxable (2) the Southeast Energy Efficiency Alli- ratio (not greater than 1) to 10 percent as— year only if made on or before the due date ance (commonly known as ‘‘SEEA’’); ‘‘(A) the excess (if any) of— (3) the Clean and Efficient Energy Pro- (including extensions) for filing the return of tax for such taxable year. ‘‘(i) the qualified payroll of the taxpayer gram (commonly known as ‘‘CEEP’’); for the calendar year which begins with or (4) the Efficient Windows Collaborative; ‘‘(C) ELECTION YEAR.—For purposes of this section, the term ‘election year’ means the within the first taxable year following the and election year, over (5) the Appliance Standards Awareness taxable year— ‘‘(ii) the qualified payroll of the taxpayer Project (commonly known as ‘‘ASAP’’): Now, ‘‘(i) which begins after the date that is one for calendar year 2010, bears to therefore, be it year before the date of the enactment of the Resolved, That the Senate— Foreign Earnings Reinvestment Act, and ‘‘(B) 10 percent of the qualified payroll of (1) congratulates the Alliance to Save En- ‘‘(ii) to which the taxpayer elects under the taxpayer for calendar year 2010.’’ ergy on the 35th anniversary of the incorpo- paragraph (1) to apply this section.’’. ‘‘(3) QUALIFIED PAYROLL.—For purposes of ration of the Alliance; and (2) CONFORMING AMENDMENTS.— this paragraph: (2) recognizes the important contributions (A) EXTRAORDINARY DIVIDENDS.—Section ‘‘(A) IN GENERAL.—The term ‘qualified pay- that the Alliance to Save Energy has made 965(b)(2) of such Code is amended— roll’ means, with respect to a taxpayer for to further the cause of energy efficiency. (i) by striking ‘‘June 30, 2003’’ and inserting any calendar year, the aggregate wages (as ‘‘September 30, 2011’’, and defined in section 3121(a)) paid by the cor- f (ii) by adding at the end the following new poration during such calendar year. sentence: ‘‘The amounts described in clauses AMENDMENTS SUBMITTED AND ‘‘(B) EXCEPTION FOR CHANGES IN OWNERSHIP PROPOSED (i), (ii), and (iii) shall not include any amounts which were taken into account in OF TRADES OR BUSINESSES.— SA 1946. Mr. MCCAIN submitted an amend- determining the deduction under subsection ‘‘(i) ACQUISITIONS.—If, after December 31, ment intended to be proposed by him to the (a) for any prior taxable year.’’. 2009, and before the close of the first taxable bill S. 2204, to eliminate unnecessary tax (B) DETERMINATIONS RELATING TO RELATED year following the election year, a taxpayer subsidies and promote renewable energy and PARTY INDEBTEDNESS.—Section 965(b)(3)(B) of acquires the trade or business of a prede- energy conservation; which was ordered to such Code is amended by striking ‘‘October 3, cessor, then the qualified payroll of such tax- lie on the table. 2004’’ and inserting ‘‘September 30, 2011’’. payer for any calendar year shall be in- SA 1947. Mr. MCCAIN submitted an amend- (C) APPLICABLE FINANCIAL STATEMENT.— creased by so much of the qualified payroll ment intended to be proposed by him to the Section 965(c)(1) of such Code is amended by of the predecessor for such calendar year as bill S. 2204, supra; which was ordered to lie striking ‘‘June 30, 2003’’ each place it appears was attributable to the trade or business ac- on the table. and inserting ‘‘September 30, 2011’’. SA 1948. Mr. MCCAIN submitted an amend- quired by the taxpayer. ment intended to be proposed by him to the (D) DETERMINATIONS RELATING TO BASE PE- ‘‘(ii) DISPOSITIONS.—If, after December 31, bill S. 2204, supra; which was ordered to lie RIOD.—Section 965(c)(2) of such Code is 2009, and before the close of the first taxable on the table. amended by striking ‘‘June 30, 2003’’ and in- year following the election year, a taxpayer SA 1949. Mr. MCCAIN submitted an amend- serting ‘‘September 30, 2011’’. disposes of a trade or business, then— ment intended to be proposed by him to the (b) DEDUCTION INCLUDES CURRENT AND AC- ‘‘(I) the qualified payroll of such taxpayer CUMULATED FOREIGN EARNINGS.— bill S. 2204, supra; which was ordered to lie for calendar year 2010 shall be decreased by (1) IN GENERAL.—Paragraph (1) of section on the table. the amount of wages for such calendar year 965(b) of the Internal Revenue Code of 1986 is SA 1950. Mr. MCCAIN submitted an amend- as were attributable to the trade or business ment intended to be proposed by him to the amended to read as follows: which was disposed of by the taxpayer, and bill S. 2204, supra; which was ordered to lie ‘‘(1) IN GENERAL.—The amount of dividends on the table. taken into account under subsection (a) shall ‘‘(II) if the disposition occurs after the be- SA 1951. Mr. MCCAIN submitted an amend- not exceed the sum of the current and accu- ginning of the first taxable year following ment intended to be proposed by him to the mulated earnings and profits described in the election year, the qualified payroll of bill S. 2204, supra; which was ordered to lie section 959(c)(3) for the year a deduction is such taxpayer for the calendar year which on the table. claimed under subsection (a), without dimi- begins with or within such taxable year shall SA 1952. Mr. SANDERS (for himself, Mr. nution by reason of any distributions made be decreased by the amount of wages for BLUMENTHAL, Mrs. FEINSTEIN, Mr. TESTER, during the election year, for all controlled such calendar year as were attributable to Mrs. MCCASKILL, Ms. KLOBUCHAR, Mr. LEVIN, foreign corporations of the United States the trade or business which was disposed of Mr. FRANKEN, Mr. BROWN of Ohio, Mr. shareholder.’’. by the taxpayer. CARDIN, and Ms. MIKULSKI) submitted an (2) CONFORMING AMENDMENTS.— ‘‘(C) SPECIAL RULE.—For purposes of deter- amendment intended to be proposed by him (A) Section 965(c) of such Code, as amended mining qualified payroll for any calendar to the bill S. 2204, supra; which was ordered by subsection (a), is amended by striking to lie on the table. year after calendar year 2011, such term shall paragraph (1) and by redesignating para- not include wages paid to any individual if f graphs (2), (3), (4), and (5), as paragraphs (1), such individual received compensation from TEXT OF AMENDMENTS (2), (3), and (4), respectively. the taxpayer for services performed— (B) Paragraph (4) of section 965(c) of such ‘‘(i) after the date of the enactment of this SA 1946. Mr. MCCAIN submitted an Code, as redesignated by subparagraph (A), is paragraph, and amendment intended to be proposed by amended to read as follows:

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MR6.016 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2035 ‘‘(ii) at a time when such individual was TITLE IV—WAIVER OF JONES ACT RE- Guard shall issue regulations to implement not an employee of the taxpayer.’’. QUIREMENTS FOR OIL AND GASOLINE the amendment made by subsection (a). Such (3) REDUCTION FOR FAILURE TO MAINTAIN EM- TANKERS regulations shall require that a vessel per- PLOYMENT LEVELS.—Paragraph (4) of section SEC. 401. WAIVER OF JONES ACT REQUIREMENTS mitted to engaged in the coastwise trade 965(b) of such Code (relating to limitations) FOR OIL AND GASOLINE TANKERS. meets all appropriate safety and security re- is amended to read as follows: (a) IN GENERAL.—Section 12112 of title 46, quirements. ‘‘(4) REDUCTION IN BENEFITS FOR FAILURE TO United States Code, is amended— (c) CONFORMING AMENDMENTS.— MAINTAIN EMPLOYMENT LEVELS.— (1) in subsection (a), by striking ‘‘A coast- (1) TANK VESSEL CONSTRUCTION STAND- ‘‘(A) IN GENERAL.—If, during the period wise’’ and inserting ‘‘Except as provided in ARDS.—Section 3703a(c)(1)(C) of title 46, consisting of the calendar month in which subsection (b), a coastwise’’; United States Code, is amended by striking the taxpayer first receives a distribution de- (2) by redesignating subsection (b) as sub- ‘‘Coast Guard and is qualified for documenta- scribed in subsection (a)(1) and the suc- section (c); and tion as a wrecked vessel under section 12112 ceeding 23 calendar months, the taxpayer (3) by inserting after subsection (a) the fol- of this title.’’ and inserting ‘‘Coast Guard.’’. does not maintain an average employment lowing: (2) LIQUIFIED GAS TANKERS.—Section 12120 level at least equal to the taxpayer’s prior ‘‘(b) WAIVER FOR OIL AND GASOLINE TANK- of title 46, United States Code, is amended by average employment, an additional amount ERS.—The requirements of subsection (a) striking ‘‘United States,’’ and all that fol- lows and inserting ‘‘United States.’’. equal to $75,000 multiplied by the number of shall not apply to an oil or gasoline tanker (3) SMALL PASSENGER VESSELS.—Section employees by which the taxpayer’s average vessel and a coastwise endorsement may be 12121(b) of title 46, United States Code, is employment level during such period falls issued for any such tanker vessel that other- amended by striking ‘‘12112,’’. below the prior average employment (but not wise qualifies under the laws of the United (4) LOSS OF COASTWISE TRADE PRIVILEGES.— exceeding the aggregate amount allowed as a States to engage in the coastwise trade.’’. (b) REGULATIONS.—Not later than 90 days Section 12132 of title 46, United States Code, deduction pursuant to subsection (a)(1)) shall is repealed. be taken into income by the taxpayer during after the date of the enactment of this Act, the Commandant of the United States Coast (5) TABLE OF SECTIONS.—The table of sec- the taxable year that includes the final day tions for chapter 121 of title 46, United of such period. Guard shall issue regulations to implement the amendments made by subsection (a). States Code, is amended by striking the item ‘‘(B) AVERAGE EMPLOYMENT LEVEL.—For Such regulations shall require that an oil or relating to section 12132. purposes of this paragraph, the taxpayer’s gasoline tanker vessel permitted to engaged average employment level for a period shall in the coastwise trade pursuant to sub- SA 1950. Mr. MCCAIN submitted an be the average number of full-time United section (b) of section 12112 of title 46, United amendment intended to be proposed by States employees of the taxpayer, measured States Code, as amended by subsection (a), him to the bill S. 2204, to eliminate un- at the end of each month during the period. meets all appropriate safety and security re- necessary tax subsidies and promote ‘‘(C) PRIOR AVERAGE EMPLOYMENT.—For quirements. purposes of this paragraph, the taxpayer’s renewable energy and energy conserva- ‘prior average employment’ shall be the av- tion; which was ordered to lie on the SA 1948. Mr. MCCAIN submitted an table; as follows: erage number of full-time United States em- amendment intended to be proposed by ployees of the taxpayer during the period At the end, add the following: consisting of the 24 calendar months imme- him to the bill S. 2204, to eliminate un- necessary tax subsidies and promote TITLE IV—WAIVER OF JONES ACT diately preceding the calendar month in REQUIREMENTS renewable energy and energy conserva- which the taxpayer first receives a distribu- SEC. 401. WAIVER OF JONES ACT REQUIRE- tion described in subsection (a)(1). tion; which was ordered to lie on the MENTS. ‘‘(D) FULL-TIME UNITED STATES EMPLOYEE.— table; as follows: (a) IN GENERAL.—The Commandant of the For purposes of this paragraph— At the end, add the following: United States Coast Guard may issue a ‘‘(i) IN GENERAL.—The term ‘full-time TITLE IV—WAIVER OF JONES ACT RE- coastwise endorsement to a vessel that does United States employee’ means an individual QUIREMENTS FOR OIL AND GASOLINE not meet the requirements of section 12112(a) who provides services in the United States as TANKERS of title 46, United States Code. a full-time employee, based on the employ- (b) PERIOD.—A coastwise endorsement er’s standards and practices; except that re- SEC. 401. WAIVER OF JONES ACT REQUIREMENTS issued under subsection (a) shall expire no FOR OIL AND GASOLINE TANKERS. gardless of the employer’s classification of later than the date that is 6 months after the (a) IN GENERAL.—The Commandant of the the employee, an employee whose normal date of the enactment of this Act. United States Coast Guard may issue a schedule is 40 hours or more per week is con- (c) REGULATIONS.—The Commandant shall coastwise endorsement to a oil or gasoline sidered a full-time employee. ensure that a vessel issued a coastwise en- taker vessel that does not meet the require- dorsement under subsection (a) meets all ap- ‘‘(ii) EXCEPTION FOR CHANGES IN OWNERSHIP ments of section 12112(a) of title 46, United propriate safety and security requirements. OF TRADES OR BUSINESSES.—Such term does States Code. not include— (b) PERIOD.—A coastwise endorsement SA 1951. Mr. MCCAIN submitted an ‘‘(I) any individual who was an employee, issued under subsection (a) shall expire no on the date of acquisition, of any trade or later than the date that is 6 months after the amendment intended to be proposed by business acquired by the taxpayer during the date of the enactment of this Act. him to the bill S. 2204, to eliminate un- 24-month period referred to in subparagraph (c) REGULATIONS.—The Commandant shall necessary tax subsidies and promote (A), and ensure that a tanker vessel issued a coast- renewable energy and energy conserva- ‘‘(II) any individual who was an employee wise endorsement under subsection (a) meets tion; which was ordered to lie on the of any trade or business disposed of by the all appropriate safety and security require- table; as follows: taxpayer during the 24-month period referred ments. to in subparagraph (A) or the 24-month pe- On page 22, strike lines 4 and 5 and insert the following: riod referred to in subparagraph (C). SA 1949. Mr. MCCAIN submitted an ‘‘(E) AGGREGATION RULES.—In determining amendment intended to be proposed by TITLE III—MISCELLANEOUS the taxpayer’s average employment level him to the bill S. 2204, to eliminate un- SEC. 301. PROHIBITION ON USE OF FEDERAL FUNDS RELATING TO ETHANOL and prior average employment, all domestic necessary tax subsidies and promote members of a controlled group shall be treat- BLENDER PUMPS AND ETHANOL STORAGE FACILITIES. ed as a single taxpayer.’’. renewable energy and energy conserva- tion; which was ordered to lie on the Effective beginning on the date of enact- (d) EFFECTIVE DATE.—The amendments table; as follows: ment of this Act, no funds made available by made by this section shall apply to taxable Federal law shall be expended to construct, At the end, add the following: years ending after the date of the enactment fund, install, or operate an ethanol blender of this Act. TITLE IV—COASTWISE TRADE pump or an ethanol storage facility (unless SEC. 401. REPEAL OF JONES ACT LIMITATIONS the funds are expended to construct, fund, ON COASTWISE TRADE. install, or operate an ethanol blender pump SA 1947. Mr. MCCAIN submitted an (a) IN GENERAL.—Section 12112(a) of title or an ethanol storage facility for use by amendment intended to be proposed by 46, United States Code, is amended to read as motor vehicle fleets operated by a Federal him to the bill S. 2204, to eliminate un- follows: agency), including— ‘‘(a) IN GENERAL.—A coastwise endorse- (1) funds in any trust fund to which funds necessary tax subsidies and promote ment may be issued for a vessel that quali- are made available by Federal law; and renewable energy and energy conserva- fies under the laws of the United States to (2) any funds made available under the tion; which was ordered to lie on the engage in the coastwise trade.’’. Rural Energy for America Program estab- table; as follows: (b) REGULATIONS.—Not later than 90 days lished under section 9007 of the Farm Secu- after the date of the enactment of this Act, rity and Rural Investment Act of 2002 (7 At the end, add the following: the Commandant of the United States Coast U.S.C. 8107).

VerDate Mar 15 2010 02:46 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MR6.020 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2036 CONGRESSIONAL RECORD — SENATE March 26, 2012 TITLE IV—BUDGETARY EFFECTS (11) the Commodity Futures Trading Com- EXECUTIVE SESSION SEC. 401. DEFICIT REDUCTION. mission has a responsibility — (A) to ensure that the price discovery for SA 1952. Mr. SANDERS (for himself, oil and gasoline accurately reflects the fun- EXECUTIVE CALENDAR damentals of supply and demand; and Mr. BLUMENTHAL, Mrs. FEINSTEIN, Mr. (B) to take immediate action to implement Mr. DURBIN. Madam President, I ask TESTER, Mrs. MCCASKILL, Ms. KLO- strong and meaningful position limits to reg- unanimous consent that the Senate BUCHAR, Mr. LEVIN, Mr. FRANKEN, Mr. ulated exchange markets to eliminate exces- proceed to executive session to con- BROWN of Ohio, Mr. CARDIN, and Ms. sive oil speculation. sider the following nominations: Cal- MIKULSKI) submitted an amendment in- (b) ACTIONS.—Not later than 14 days after endar Nos. 615, 616, 617, 618, 619, 620, 621, tended to be proposed by him to the the date of enactment of this Act, the Com- 622, 623, 625, 626, 627, and 628, and all bill S. 2204, to eliminate unnecessary modity Futures Trading Commission shall nominations placed on the Secretary’s tax subsidies and promote renewable use the authority of the Commission (includ- ing emergency powers)— desk in the Air Force, Army, Marine energy and energy conservation; which Corps, and Navy; that the nominations was ordered to lie on the table; as fol- (1) to curb immediately the role of exces- be confirmed en bloc; that the motions lows: sive speculation in any contract market within the jurisdiction and control of the to reconsider be considered made and On page 22, strike lines 4 and 5 and insert Commission, on or through which energy fu- laid upon the table, with no inter- the following: tures or swaps are traded; and vening action or debate; that no fur- TITLE III—MISCELLANEOUS (2) to eliminate excessive speculation, ther motions be in order to any of the SEC. 301. ENERGY MARKETS. price distortion, sudden or unreasonable nominations; that any related state- (a) FINDINGS.—Congress finds that— fluctuations, or unwarranted changes in (1) the Commodity Futures Trading Com- prices, or other unlawful activity that is ments be printed in the Record; that mission was created as an independent agen- causing major market disturbances that pre- the President be immediately notified cy, in 1974, with a mandate— vent the market from accurately reflecting of the Senate’s action and the Senate (A) to enforce and administer the Com- the forces of supply and demand for energy resume legislative session. modity Exchange Act (7 U.S.C. 1 et seq.); commodities. The PRESIDING OFFICER. Without (B) to ensure market integrity; TITLE IV—BUDGETARY EFFECTS objection, it is so ordered. (C) to protect market users from fraud and abusive trading practices; and SEC. 401. DEFICIT REDUCTION. The nominations considered and con- firmed are as follows: (D) to prevent and prosecute manipulation f of the price of any commodity in interstate IN THE AIR FORCE commerce; NOTICE OF HEARING The following Air National Guard of the (2) Congress has given the Commodity Fu- JOINT CONGRESSIONAL COMMITTEE ON United States officer for appointment in the tures Trading Commission authority under INAUGURAL CEREMONIES Reserve of the Air Force to the grade indi- the Commodity Exchange Act (7 U.S.C. 1 et Mr. SCHUMER. Mr. President, I wish cated under title 10, U.S.C., sections 12203 seq.) to take necessary actions to address and 12212: market emergencies; to announce that the Joint Congres- To be brigadier general (3) the Commodity Futures Trading Com- sional Committee on Inaugural Cere- mission may use the emergency authority of monies will meet on Wednesday, March Col. Peter R. Masciola the Commission with respect to any major 28, 2012, at 10:30 a.m., to conduct its or- The following named officer for appoint- market disturbance that prevents the mar- ganization meeting. ment in the United States Air Force to the ket from accurately reflecting the forces of For further information regarding grade indicated under title 10, U.S.C., section supply and demand for a commodity; this meeting, please contact Lynden 624: (4) Congress declared in section 4a of the To be major general Commodity Exchange Act (7 U.S.C. 6a) that Armstrong at the Rules and Adminis- excessive speculation imposes an undue and tration Committee on (202) 224–6352. Brig. Gen. Mark A. Ediger The following named officer for appoint- unnecessary burden on interstate commerce; f (5) according to an article published in ment in the United States Air Force to the Forbes on February 27, 2012, excessive oil PRIVILEGE OF THE FLOOR grade indicated while assigned to a position speculation ‘‘translates out into a premium of importance and responsibility under title for gasoline at the pump of $.56 a gallon’’ Mr. BAUCUS. Mr. President, I ask 10, U.S.C., section 601: unanimous consent that the following based on a recent report from Goldman To be general Sachs; staff of the Finance Committee be al- Lt. Gen. Janet C. Wolfenbarger (6) on March 9, 2012— lowed on the Senate floor for the dura- (A) the supply of crude oil and gasoline was tion of today’s session and the debate The following Air National Guard of the higher than the supply was on March 6, 2009, on S. 2204: Juan Machado, David Sklar, United States officers for appointment in the Reserve of the Air Force to the grade indi- when the national average price for a gallon Harun Dogo, and Avital Barnea. of regular unleaded gasoline was just $1.94; cated under title 10, U.S.C., sections 12203 and The ACTING PRESIDENT pro tem- and 12212: (B) demand for gasoline in the United pore. Without objection, it is so or- To be brigadier general dered. States was lower than demand was on June Colonel Ondra L. Berry 20, 1997; f Colonel Allen D. Bolton (7) on March 12, 2012, the national average Colonel William D. Cobetto price of regular unleaded gasoline was over MEASURE READ THE FIRST Colonel Wade A. Lillegard $3.82 a gallon, the highest price ever recorded TIME—S. 2237 Colonel Thad L. Myers in the United States during the month of March; Mr. DURBIN. Madam President, I un- The following Air National Guard of the (8) during the last quarter of 2011, accord- derstand that S. 2237, introduced ear- United States officers for appointment in the ing to the International Energy Agency— lier today by Senator REID of Nevada, Reserve of the Air Force to the grade indi- (A) the world oil supply rose by 1,300,000 is at the desk, and I ask for its first cated under title 10, U.S.C., sections 12203 barrels per day while demand only increased reading. and 12212: by 700,000 barrels per day; but The PRESIDING OFFICER. The To be major general (B) the price of Texas light sweet crude clerk will report the bill by title. Brigadier General Steven A. Cray rose by over 12 percent; The legislative clerk read as follows: Brigadier General William J. Crisler, Jr. (9) on November 3, 2011, Gary Gensler, the Brigadier General Jon F. Fago Chairman of the Commodity Futures Trad- A bill (S. 2237) to provide a temporary in- Brigadier General Michael A. Loh ing Commission testified before the Senate come tax credit for increased payroll and ex- Brigadier General Eric W. Vollmecke Permanent Subcommittee on Investigations tend bonus depreciation for an additional The following named officers for appoint- that ‘‘80 to 87 percent of the [oil futures] year, and for other purposes. ment in the United States Air Force to the market’’ is dominated by ‘‘financial partici- Mr. DURBIN. Madam President, I ask grade indicated under title 10, U.S.C., section pants, swap dealers, hedge funds, and other for its second reading and object to my 624: financials,’’ a figure that has more than dou- own request. bled over the past decade; To be major general (10) excessive oil and gasoline speculation The PRESIDING OFFICER. Objec- Brigadier General David W. Allvin is creating major market disturbances that tion is heard. The bill will be read for Brigadier General Howard B. Baker prevent the market from accurately reflect- the second time on the next legislative Brigadier General Thomas W. Bergeson ing the forces of supply and demand; and day. Brigadier General Charles Q. Brown, Jr.

VerDate Mar 15 2010 04:20 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MR6.018 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — SENATE S2037 Brigadier General Darryl W. Burke Brigadier General William C. Hix by the Senate and appeared in the Congres- Brigadier General Richard M. Clark Brigadier General Stephen R. Lyons sional Record of January 31, 2012. Brigadier General Dwyer L. Dennis Brigadier General Herbert R. McMaster, Jr. PN1288 MARINE CORPS nomination of Brigadier General Mark C. Dillon Brigadier General John M. Murray Mark A. Mitchell, which was received by the Brigadier General Carlton D. Everhart, II Brigadier General Richard P. Mustion Senate and appeared in the Congressional Brigadier General Samuel A. R. Greaves Brigadier General Michael K. Nagata Record of January 31, 2012. Brigadier General Morris E. Haase Brigadier General Bryan R. Owens PN1295 MARINE CORPS nominations (2) Brigadier General Garrett Harencak Brigadier General James F. Pasquarette beginning ROBERT F. EMMINGER, and end- Brigadier General Paul T. Johnson Brigadier General Lawarren V. Patterson ing MICHAEL G. MARCHAND, which nomi- Brigadier General Randy A. Kee Brigadier General Aundre F. Piggee nations were received by the Senate and ap- Brigadier General Jim H. Keffer Brigadier General Ross E. Ridge peared in the Congressional Record of Janu- Brigadier General Michael J. Kingsley Brigadier General John G. Rossi ary 31, 2012. Brigadier General Jeffrey G. Lofgren Brigadier General Thomas C. Seamands PN1333 MARINE CORPS nominations (73) Brigadier General James K. McLaughlin Brigadier General Michael H. Shields beginning PAUL H. ATTERBURY, and end- Brigadier General Kurt F. Neubauer Brigadier General Leslie C. Smith ing DONALD A. ZIOLKOWSKI, which nomi- Brigadier General John F. Newell, III Brigadier General John Uberti nations were received by the Senate and ap- Brigadier General Craig S. Olson Brigadier General Bryan G. Watson peared in the Congressional Record of Feb- Brigadier General John N. T. Shanahan Brigadier General Darrell K. Williams ruary 1, 2012. Brigadier General Michael S. Stough The following named officer for appoint- IN THE NAVY Brigadier General Scott D. West ment in the Reserve of the Army to the PN1422 NAVY nominations (3) beginning Brigadier General Kenneth S. Wilsbach grade indicated under title 10, U.S.C., section JAY R. FRIEDMAN, and ending DONNA The following Air National Guard of the 12203: RAJA, which nominations were received by United States officers for appointment in the To be major general the Senate and appeared in the Congres- Reserve of the Air Force to the grade indi- Brig. Gen. Craig A. Bugno sional Record of February 29, 2012. cated under title 10, U.S.C., sections 12203 PN1423 NAVY nomination of Steven J. Por- and 12212: The following named officer for appoint- ter, which was received by the Senate and ment in the United States Army to the grade To be brigadier general appeared in the Congressional Record of Feb- indicated while assigned to a position of im- ruary 29, 2012. Colonel Steven M. Balser portance and responsibility under title 10, Colonel Mark H. Berry U.S.C., section 601: f Colonel Walter A. Bryan, Jr. To be lieutenant general LEGISLATIVE SESSION Colonel Gregory S. Champagne Colonel Sean T. Collins Maj. Gen. David D. Halverson The PRESIDING OFFICER. The Sen- Colonel John L. D’Errico NOMINATIONS PLACED ON THE SECRETARY’S ate will now return to legislative ses- Colonel Dawne L. Deskins DESK sion. Colonel Scott A. Dold IN THE AIR FORCE f Colonel Gary L. Ebben PN1415 AIR FORCE nominations (2) begin- Colonel Kenneth L. Gammon ning MATTHEW R. GEE, and ending VIC- APPOINTMENT Colonel Bruce R. Guerdan TOR G. SOTO, which nominations were re- The PRESIDING OFFICER. The Colonel Leonard W. Isabelle, Jr. ceived by the Senate and appeared in the Chair, on behalf of the President pro Colonel Clifford W. Latta, Jr. Congressional Record of February 29, 2012. Colonel Paul C. Maas, Jr. PN1444 AIR FORCE nominations (3) begin- tempore, upon the recommendation of Colonel Edward P. Maxwell ning KERRY L. LEWIS, and ending LYNN M. the majority leader, pursuant to Public Colonel David M. McMinn MILLER, which nominations were received Law 105–292, as amended by Public Law Colonel Thomas C. Patton by the Senate and appeared in the Congres- 106–55, and as further amended by Pub- Colonel Braden K. Sakai sional Record of March 12, 2012. lic Law 107–228, and 112–75, appoints the Colonel Janet I. Sessums IN THE ARMY following individual to the United Colonel Peter J. Siana States Commission on International Colonel Jeffrey M. Silver PN1166 ARMY nomination of Richard M. Colonel James K. Vogel Scott, which was received by the Senate and Religious Freedom: Colonel Sallie K. Worcester appeared in the Congressional Record of De- Katrina Lantos Swett of New Hampshire, cember 1, 2011. vice Dr. Don H. Argue. The following named officer for appoint- PN1364 ARMY nominations (53) beginning ment to the grade of lieutenant general in KEITH J. ANDREWS, and ending DOUGLAS f the United States Air Force while assigned W. WEAVER, which nominations were re- ORDERS FOR TUESDAY, MARCH 27, to a position of importance and responsi- ceived by the Senate and appeared in the 2012 bility under title 10, U.S.C., section 601: Congressional Record of February 6, 2012. To be lieutenant general PN1396 ARMY nominations (2) beginning Mr. DURBIN. Madam President, I ask Lt. Gen. Clyde D. Moore, II DWIGHT Y. SHEN, and ending CAROL J. unanimous consent that when the Sen- The following Air National Guard of the PIERCE, which nominations were received ate completes its business today, it ad- United States officer for appointment in the by the Senate and appeared in the Congres- journ until Tuesday, March 27, at 10 Reserve of the Air Force to the grade indi- sional Record of February 16, 2012. a.m.; that following the prayer and cated under title 10, U.S.C., sections 12203 PN1417 ARMY nomination of Shane T. pledge, the Journal of proceedings be and 12212: Taylor, which was received by the Senate and appeared in the Congressional Record of approved to date, the morning hour be To be brigadier general February 29, 2012. deemed expired, the time for the two Col. Douglas D. Delozier PN1418 ARMY nominations (3) beginning leaders be reserved for their use later IN THE ARMY PATRICIA A. LOVELESS, and ending JE- in the day; that following any leader The following named officer for appoint- ROME M. BENAVIDES, which nominations remarks, the Senate be in a period of ment in the United States Army to the grade were received by the Senate and appeared in morning business for 1 hour, with Sen- indicated under title 10, U.S.C., section 624: the Congressional Record of February 29, ators permitted to speak therein for up To be major general 2012. PN1419 ARMY nomination of Robert S. to 10 minutes each, with the time Brig. Gen. Michael X. Garrett Taylor, which was received by the Senate equally divided and controlled between The following named officers for appoint- and appeared in the Congressional Record of the two leaders or their designees, with ment in the United States Army to the grade February 29, 2012. the Republicans controlling the first indicated under title 10, U.S.C., section 624: PN1420 ARMY nomination of Casey D. half and the majority controlling the To be major general Shuff, which was received by the Senate and final half; that following morning busi- Brigadier General Robert P. Ashley, Jr. appeared in the Congressional Record of Feb- ness, the Senate resume consideration Brigadier General Jeffrey L. Bailey ruary 29, 2012. of the motion to proceed to Calendar PN1445 ARMY nominations (3) beginning Brigadier General Jeffrey N. Colt No. 337, S. 2204, the Repeal Big Oil Tax Brigadier General Kenneth R. Dahl JOHN B. HILL, and ending STEPHEN M. RADULSKI, which nominations were re- Subsidies Act postcloture; and that all Brigadier General Gordon B. Davis, Jr. time during adjournment, recess, and Brigadier General Joseph P. DiSalvo ceived by the Senate and appeared in the Brigadier General Robert M. Dyess, Jr. Congressional Record of March 12, 2012. morning business count postcloture on Brigadier General Karen E. Dyson IN THE MARINE CORPS the motion to proceed to S. 2204; and fi- Brigadier General Paul E. Funk, II PN1282 MARINE CORPS nomination of nally that at 12:30 p.m. the Senate re- Brigadier General Harold J. Greene William J. Wrightington, which was received cess subject to the call of the Chair to

VerDate Mar 15 2010 02:46 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MR6.005 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE S2038 CONGRESSIONAL RECORD — SENATE March 26, 2012 accommodate the weekly caucus meet- BRIGADIER GENERAL HOWARD B. BAKER BRIGADIER GENERAL JOHN M. MURRAY BRIGADIER GENERAL THOMAS W. BERGESON BRIGADIER GENERAL RICHARD P. MUSTION ings and the official photograph of the BRIGADIER GENERAL CHARLES Q. BROWN, JR. BRIGADIER GENERAL MICHAEL K. NAGATA 112th Congress. BRIGADIER GENERAL DARRYL W. BURKE BRIGADIER GENERAL BRYAN R. OWENS BRIGADIER GENERAL RICHARD M. CLARK BRIGADIER GENERAL JAMES F. PASQUARETTE The PRESIDING OFFICER. Without BRIGADIER GENERAL DWYER L. DENNIS BRIGADIER GENERAL LAWARREN V. PATTERSON objection, it is so ordered. BRIGADIER GENERAL MARK C. DILLON BRIGADIER GENERAL AUNDRE F. PIGGEE BRIGADIER GENERAL CARLTON D. EVERHART II BRIGADIER GENERAL ROSS E. RIDGE f BRIGADIER GENERAL SAMUEL A. R. GREAVES BRIGADIER GENERAL JOHN G. ROSSI BRIGADIER GENERAL MORRIS E. HAASE BRIGADIER GENERAL THOMAS C. SEAMANDS PROGRAM BRIGADIER GENERAL GARRETT HARENCAK BRIGADIER GENERAL MICHAEL H. SHIELDS BRIGADIER GENERAL PAUL T. JOHNSON BRIGADIER GENERAL LESLIE C. SMITH Mr. DURBIN. Madam President, we BRIGADIER GENERAL RANDY A. KEE BRIGADIER GENERAL JOHN UBERTI BRIGADIER GENERAL JIM H. KEFFER BRIGADIER GENERAL BRYAN G. WATSON hope to begin consideration of the Re- BRIGADIER GENERAL MICHAEL J. KINGSLEY BRIGADIER GENERAL DARRELL K. WILLIAMS peal Big Oil Tax Subsidies Act during BRIGADIER GENERAL JEFFREY G. LOFGREN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL JAMES K. MCLAUGHLIN IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Tuesday’s session. BRIGADIER GENERAL KURT F. NEUBAUER CATED UNDER TITLE 10, U.S.C., SECTION 12203: f BRIGADIER GENERAL JOHN F. NEWELL III BRIGADIER GENERAL CRAIG S. OLSON To be major general BRIGADIER GENERAL JOHN N. T. SHANAHAN ADJOURNMENT UNTIL 10 A.M. BRIGADIER GENERAL MICHAEL S. STOUGH BRIG. GEN. CRAIG A. BUGNO TOMORROW BRIGADIER GENERAL SCOTT D. WEST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL KENNETH S. WILSBACH IN THE UNITED STATES ARMY TO THE GRADE INDICATED Mr. DURBIN. If there is no further THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND business to come before the Senate, I STATES OFFICERS FOR APPOINTMENT IN THE RESERVE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: OF THE AIR FORCE TO THE GRADE INDICATED UNDER ask unanimous consent that it stand TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be lieutenant general adjourned under the previous order. To be brigadier general MAJ. GEN. DAVID D. HALVERSON There being no objection, the Senate, COLONEL STEVEN M. BALSER IN THE AIR FORCE at 6:44 p.m., adjourned until Tuesday, COLONEL MARK H. BERRY COLONEL WALTER A. BRYAN, JR. AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW March 27, 2012, at 10 a.m. COLONEL GREGORY S. CHAMPAGNE R. GEE AND ENDING WITH VICTOR G. SOTO, WHICH NOMI- f COLONEL SEAN T. COLLINS NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JOHN L. D’ERRICO PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY CONFIRMATIONS COLONEL DAWNE L. DESKINS 29, 2012. COLONEL SCOTT A. DOLD AIR FORCE NOMINATIONS BEGINNING WITH KERRY L. Executive nominations confirmed by COLONEL GARY L. EBBEN LEWIS AND ENDING WITH LYNN M. MILLER, WHICH NOMI- COLONEL KENNETH L. GAMMON NATIONS WERE RECEIVED BY THE SENATE AND AP- the Senate March 26, 2012: COLONEL BRUCE R. GUERDAN PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, COLONEL LEONARD W. ISABELLE, JR. 2012. IN THE AIR FORCE COLONEL CLIFFORD W. LATTA, JR. COLONEL PAUL C. MAAS, JR. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE ARMY COLONEL EDWARD P. MAXWELL STATES OFFICER FOR APPOINTMENT IN THE RESERVE COLONEL DAVID M. MCMINN ARMY NOMINATION OF RICHARD M. SCOTT, TO BE LIEU- OF THE AIR FORCE TO THE GRADE INDICATED UNDER COLONEL THOMAS C. PATTON TENANT COLONEL. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COLONEL BRADEN K. SAKAI ARMY NOMINATIONS BEGINNING WITH KEITH J. AN- To be brigadier general COLONEL JANET I. SESSUMS DREWS AND ENDING WITH DOUGLAS W. WEAVER, WHICH COLONEL PETER J. SIANA NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. PETER R. MASCIOLA COLONEL JEFFREY M. SILVER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES K. VOGEL 6, 2012. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL SALLIE K. WORCESTER ARMY NOMINATIONS BEGINNING WITH DWIGHT Y. SHEN AND ENDING WITH CAROL J. PIERCE, WHICH NOMINA- CATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO THE GRADE OF LIEUTENANT GENERAL IN THE To be major general IN THE CONGRESSIONAL RECORD ON FEBRUARY 16, 2012. UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- ARMY NOMINATION OF SHANE T. TAYLOR, TO BE TION OF IMPORTANCE AND RESPONSIBILITY UNDER BRIG. GEN. MARK A. EDIGER MAJOR. TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH PATRICIA A. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general LOVELESS AND ENDING WITH JEROME M. BENAVIDES, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION LT. GEN. CLYDE D. MOORE II AND APPEARED IN THE CONGRESSIONAL RECORD ON 601: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED FEBRUARY 29, 2012. STATES OFFICER FOR APPOINTMENT IN THE RESERVE ARMY NOMINATION OF ROBERT S. TAYLOR, TO BE To be general OF THE AIR FORCE TO THE GRADE INDICATED UNDER MAJOR. LT. GEN. JANET C. WOLFENBARGER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ARMY NOMINATION OF CASEY D. SHUFF, TO BE MAJOR. ARMY NOMINATIONS BEGINNING WITH JOHN B. HILL THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED To be brigadier general AND ENDING WITH STEPHEN M. RADULSKI, WHICH NOMI- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COL. DOUGLAS D. DELOZIER NATIONS WERE RECEIVED BY THE SENATE AND AP- OF THE AIR FORCE TO THE GRADE INDICATED UNDER PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, TITLE 10, U.S.C., SECTIONS 12203 AND 12212: IN THE ARMY 2012. To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL ONDRA L. BERRY UNDER TITLE 10, U.S.C., SECTION 624: COLONEL ALLEN D. BOLTON MARINE CORPS NOMINATION OF WILLIAM J. COLONEL WILLIAM D. COBETTO To be major general WRIGHTINGTON, TO BE MAJOR. COLONEL WADE A. LILLEGARD MARINE CORPS NOMINATION OF MARK A. MITCHELL, COLONEL THAD L. MYERS BRIG. GEN. MICHAEL X. GARRETT TO BE LIEUTENANT COLONEL. MARINE CORPS NOMINATIONS BEGINNING WITH ROB- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ERT F. EMMINGER AND ENDING WITH MICHAEL G. IN THE UNITED STATES ARMY TO THE GRADE INDICATED STATES OFFICERS FOR APPOINTMENT IN THE RESERVE MARCHAND, WHICH NOMINATIONS WERE RECEIVED BY UNDER TITLE 10, U.S.C., SECTION 624: OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE SENATE AND APPEARED IN THE CONGRESSIONAL TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be major general RECORD ON JANUARY 31, 2012. To be major general MARINE CORPS NOMINATIONS BEGINNING WITH PAUL BRIGADIER GENERAL ROBERT P. ASHLEY, JR. H. ATTERBURY AND ENDING WITH DONALD A. BRIGADIER GENERAL STEVEN A. CRAY BRIGADIER GENERAL JEFFREY L. BAILEY ZIOLKOWSKI, WHICH NOMINATIONS WERE RECEIVED BY BRIGADIER GENERAL WILLIAM J. CRISLER, JR. BRIGADIER GENERAL JEFFREY N. COLT THE SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL JON F. FAGO BRIGADIER GENERAL KENNETH R. DAHL RECORD ON FEBRUARY 1, 2012. BRIGADIER GENERAL MICHAEL A. LOH BRIGADIER GENERAL GORDON B. DAVIS, JR. BRIGADIER GENERAL ERIC W. VOLLMECKE BRIGADIER GENERAL JOSEPH P. DISALVO IN THE NAVY BRIGADIER GENERAL ROBERT M. DYESS, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL KAREN E. DYSON NAVY NOMINATIONS BEGINNING WITH JAY R. FRIED- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIGADIER GENERAL PAUL E. FUNK II MAN AND ENDING WITH DONNA RAJA, WHICH NOMINA- CATED UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL HAROLD J. GREENE TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be major general BRIGADIER GENERAL WILLIAM C. HIX IN THE CONGRESSIONAL RECORD ON FEBRUARY 29, 2012. BRIGADIER GENERAL STEPHEN R. LYONS NAVY NOMINATION OF STEVEN J. PORTER, TO BE LIEU- BRIGADIER GENERAL DAVID W. ALLVIN BRIGADIER GENERAL HERBERT R. MCMASTER, JR. TENANT COMMANDER.

VerDate Mar 15 2010 02:46 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 9801 E:\CR\FM\G26MR6.041 S26MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 26, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E437 EXTENSIONS OF REMARKS

HONORING FARMINGDALE STATE uals and communities have access to informa- A proud product of the California State Uni- COLLEGE’S 100TH ANNIVERSARY tion about the history of genocide. The City of versity system, Professor Fugelsang earned Castle Hills joins with the Texas State Legisla- his bachelor’s and master’s degrees from HON. STEVE ISRAEL ture in emphasizing the need to heighten pub- Fresno State. He then furthered his education lic awareness of genocide and to honor vic- at the University of California, Davis where he OF NEW YORK tims and those touched by genocide as a re- was a visiting research scholar. IN THE HOUSE OF REPRESENTATIVES minder to practice vigilance in protecting Since 1971, Professor Fugelsang has Monday, March 26, 2012 human rights. Mayor Smiley-Kaliff signed this served the university in a number of capac- Mr. ISRAEL. Mr. Speaker, I rise today to proclamation on March 13, 2012. ities. In every one of his endeavors, he has been instrumental in ensuring the success of honor Farmingdale State College’s 100th year f anniversary. Fresno State students, as well as the grape Based in Farmingdale on Long Island and WOODLAWN CHAMPIONS and wine industry. part of the world-class State University of New His impact on the grape and wine industry York system, Farmingdale State College has HON. JOHN SHIMKUS has been paramount. He is recognized as one served an integral role on Long Island since of the world’s leading experts on OF ILLINOIS its opening in 1912. Beginning as a school of Brettanomyces—spoilage yeast that grows on IN THE HOUSE OF REPRESENTATIVES grapes and in wineries. Recognizing his ex- applied agriculture, it has always been com- pertise, his colleagues have trusted him to co- mitted to providing students with the skills Monday, March 26, 2012 ordinate and present at a number of regional, needed to succeed in the economy of the time Mr. SHIMKUS. Mr. Speaker, I rise today to national, and international conferences. paired with a solid academic education. honor the Woodlawn High School Cardinals Professor Fugelsang’s guidance has contin- In fact, I was supportive of Farmingdale boys’ basketball team, winners of the 2012 ually been an asset to his students, many of State College’s successful effort to create a IHSA Class 1A State Championship. whom have gone on to win acclaim in their Green Building Institute to make Long Island a After a successful 27–5 season, the Car- own right. In 1997, he helped establish the hub of innovation, job creation, and manufac- dinals entered this year’s tournament, where commercial winery at Fresno State. The win- turing, and its work to deploy buildings that re- they defeated the Winnetka Raiders to ad- ery has the distinction of being the first bond- duce or eliminate those structures’ impact on vance to the championship game against the ed winery on a university campus in the the environment. The program is just one of Carrollton Hawks. In a closely fought match, United States. Operated by students, the Fres- the initiatives putting Farmingdale State at the the Cardinals came from behind in the fourth no State Winery produces almost 10,000 forefront of developing technology and prac- quarter to defeat the Hawks by a margin of cases a year, including wine cultivated from tices to reduce America’s dependence on for- 48–45 and earn their school the first state the university campus farm. His students con- eign oil. As co-founder and co-chair of the basketball championship in its history. sistently received real-world, hands-on experi- Sustainable Energy and Environment Coalition My congratulations go to Head Coach ence, which led them to be job-ready upon (SEEC), I work to advance policies that pro- Shane Witzel and Assistant Coach Scott graduation. Professor Fugelsang has always mote clean energy innovation and domestic Owens and the dedicated players of the 2012 worked to provide the best for his students manufacturing, and I am proud that Farming- State Champion Woodlawn Cardinals team: throughout his career. He secured donations dale State is working to advance those prior- Ty Coleman, Jayson Hapeman, Kris Harlow, exceeding $2 million in facilities, equipment, ities as well. I look forward to seeing what stu- Christian Hollenkamp, Logan Issac, Matt Ken- supplies, grapes, and technical services that dents and professors at the college will de- nedy, Gabe Owens, Brendan Petersen, Chase have helped students directly. velop next. Phelps, Ryan Richardson, Jake Robinson, In 2011, Professor Fugelsang was conferred Farmingdale State College is a highly Bryson Sanders, A.J. Webb, and Logan professor emeritus status. During his impres- ranked and affordable public institution and Wollerman. sive career, he published more than 150 tech- will continue to play a pivotal role in Long Is- These student-athletes have made their nical papers, 18 books, and made editorial land’s higher education and economy for community proud and have represented contributions to domestic and international years to come. Applicants and enrollees grow Woodlawn honorably. I congratulate them on journals. Additionally, he was the recipient of every year and include returning veterans, and their championship and wish them the best of nearly 50 research grants, amounting to ap- I am honored to have such a distinguished in- luck next season. proximately $5 million. stitution in my district cultivating tomorrow’s Mr. Speaker, I ask my colleagues to join me leaders and problem solvers. I am excited to f in recognizing Professor Kenneth C. see what successes will come in the next 100 RECOGNIZING PROFESSOR Fugelsang for his meaningful contributions to years. KENNETH C. FUGELSANG our Valley and Fresno State students. His leg- f acy will live on for years to come, through the success of his students, tomorrow’s CASTLE HILLS’ PROCLAMATION HON. JIM COSTA winemakers. FOR ‘‘GENOCIDE AWARENESS OF CALIFORNIA AND PREVENTION’’ MONTH f IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION HON. LAMAR SMITH Monday, March 26, 2012 OF TEXAS Mr. COSTA. Mr. Speaker, I rise to recognize HON. ROBERT L. TURNER IN THE HOUSE OF REPRESENTATIVES Professor Kenneth C. Fugelsang on the occa- OF NEW YORK sion of his retirement from California State IN THE HOUSE OF REPRESENTATIVES Monday, March 26, 2012 University, Fresno. Professor Fugelsang Mr. SMITH of Texas. Mr. Speaker, I would served the university as an Enology professor Monday, March 26, 2012 like to recognize the City of Castle Hills, Texas for 40 years and as University Winemaster for Mr. TURNER of New York. Mr. Speaker, on and mayor Bruce Smiley-Kaliff for proclaiming the award-winning Fresno State Winery. The rollcall No. 111, I was returning to Wash- April as ‘‘Genocide Awareness and Preven- Viticulture and Enology Department at Fresno ington, DC, from my district in New York. As tion’’ month. The City of Castle Hills supports State is a one-of-a-kind, world renowned pro- I was in transit at the time of the rollcall, I was the Texas Holocaust and Genocide Commis- gram, which serves approximately 200 stu- unable to vote. Had I been present, I would sion and its dedication to ensure that individ- dents every year. have voted ‘‘yea.’’

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

VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K26MR8.001 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS E438 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2012 HONORING THE LIFE AND LEGACY in his name, the ADL Torch of Liberty Award, tion and culture in the region. It has a constant OF MURRAY LENDER and an honorary Doctor of Humane Letters presence in the community. For decades it from Quinnipiac University, to name a few. has participated in local charities and commu- HON. ROSA L. DeLAURO Murray Lender was an extraordinary human nity events, and it even distributes news- OF CONNECTICUT being and I consider myself fortunate to have papers to local schools at no charge. It is truly IN THE HOUSE OF REPRESENTATIVES called him my friend. He leaves such a legacy a vital resource for the greater Edwardsville that we celebrate, even as we mourn his area. Monday, March 26, 2012 passing. I extend my deepest sympathies to I am pleased to congratulate the Ms. DELAURO. Mr. Speaker, it is with the his wife, Gillie; his children, daughter Haris Edwardsville Intelligencer on its 150th anniver- heaviest of hearts that I rise today to pay trib- and her husband, Evan, and sons Carl and sary, and I thank them for their contributions ute to the life and legacy of one of our com- Jay as well as his brother Marvin and his wife to the community. I wish them continued suc- munity’s most outstanding entrepreneurs and Helaine. We can see the unfailing smile in the cess in the years to come. my dear friend, Murray Lender, who we lost face of adversity and all his work that carries f on March 21st at the age of eighty-one. A on. He lit up the world. We will miss him. IN HONOR OF ST. LOUIS FIRE bagel baker, food executive and philanthropist, f CHIEF NEIL J. SVETANICS who helped bring the bagel to kitchens across the nation, Murray was a close friend and I HONORING ROD BLONIEN was deeply saddened to learn of his passing. HON. RUSS CARNAHAN Murray never forgot his roots and humble be- OF MISSOURI HON. JEFF DENHAM IN THE HOUSE OF REPRESENTATIVES ginnings in New Haven while he worked to OF CALIFORNIA Monday, March 26, 2012 foster good will and humanitarianism. He was IN THE HOUSE OF REPRESENTATIVES a special person and leader, part of a special Mr. CARNAHAN. Mr. Speaker, I rise today Monday, March 26, 2012 family that takes care of each other, bringing to recognize Lemay Fire Protection District jobs to networks of friends and serving the Mr. DENHAM. Mr. Speaker, I rise today with Chief Neil J. Svetanics, who is marking his larger community. a heavy heart after the passing of Rod 50th year of fire service in 2012. Along with his two brothers, Marvin and Blonien. Neil Svetanics was born in 1940 in the Sam, Murray turned the dream of ‘‘bagelizing’’ Rodney J. Blonien was born July 20, 1946 Water Tower area of North St. Louis. He left America into a reality through the process of in Wisconsin Rapids, Wisconsin, to Janet and high school early to enlist in the United States freezing the bagel, which the family pioneered Clayton Blonien. He was the oldest of four. He Marine Corps, from which he was honorably in the early 1960s. Murray, who began count- attended the University of San Francisco and discharged in 1960. Mr. Svetanics became a ing bagels in the family’s backyard bakery be- Santa Clara Law School, and achieved the member of the St. Louis Fire Department in fore he was eleven, became a food marketing rank of captain in the Army National Guard. 1962, where he quickly rose through the innovator. He took what was formerly only an Mr. Blonien was a Capitol fixture for years ranks. He was named chief in 1986, becoming ethnic product and made it a national staple, having served as Assistant Legal Affairs Sec- the youngest chief in the department’s history available to all. In 1963, Lender’s introduced a retary to California Gov. Ronald Reagan, Sen- and the first to hold a college degree. branded retail pack of frozen bagels. Murray ior Assistant to Attorney General George Mr. Svetanics held the position of chief for saw frozen foods, which was a new category Deukmejian then Legislative Secretary to Cali- over 13 years, becoming the third longest of products, as an opportunity for greater dis- fornia Gov. Deukmejian, and Under Secretary serving fire chief in the St. Louis Fire Depart- tribution and expanding the market to new of the Youth and Adult Correctional Agency. ment’s storied history. Under his leadership, users. While working for the California Department the Department established a City/County Mu- Free publicity was also a key to their suc- of Corrections, Mr. Blonien reduced prison tual Aid Policy, promoted a record number of cess. Murray could be seen presenting a life- construction time from 5 to 2 years. Today, his minorities to leadership positions, and hired sized bagel on the Tonight Show to Johnny program serves as a national model. He the department’s first women members. Mr. Svetanics was selected by the Inter- Carson, or on Capitol Hill presenting Tip worked to enact stringent sentences for crimi- national Association of Fire Chiefs as their O’Neill with a giant green bagel on St. Pat- nal offenders, and implemented Driving Under 1998 ‘‘Fire Chief of the Year,’’ and he retired rick’s Day. Whether in animated form, or live, the Influence (D.U.I.) checkpoints. from his post the following year. Chief lying on the bread shelf in the supermarket, He is survived by his wife of 45 years, No- Svetanics also received the 2001 Lifetime there wasn’t much that Murray wouldn’t do to reen, and four children—Ryan, Jessica, Molly Contribution to the St. Louis Fire Department sell his product. Lender’s Bagels was sold to and Jarhett—and 11 grandchildren. Award. In 2002, Mr. Svetanics became the Kraft food in 1985, but Murray remained with f Chief of the Lemay Fire Protection District, a the company to continue his work as spokes- EDWARDSVILLE INTELLIGENCER position which he still holds today. To date, man. Mr. Svetanics has dedicated over 50 years of Murray was forever passionate about the 150TH service to fire departments in and around St. concept of frozen foods and became involved Louis, the majority in positions of great re- in all associations directed at strengthening its HON. JOHN SHIMKUS sponsibility. image. He was Chairman of the National Fro- OF ILLINOIS Mr. Svetanics has dedicated much of his life zen Food Association, NFFA, as well as the IN THE HOUSE OF REPRESENTATIVES to serving the St. Louis community, and has chairman of the 50th Anniversary of Frozen Monday, March 26, 2012 been deservedly awarded numerous honors Foods, a national promotion staged in 1980. from various organizations ranging from the He pioneered and co-chaired the first National Mr. SHIMKUS. Mr. Speaker, I rise today to public, the not-for-profit, and private sectors. Frozen Food Month in March of 1984, an in- honor the Edwardsville Intelligencer, a local Mr. Svetanics is the President of the St. dustry wide month of promotional retail and newspaper serving Madison County, Illinois, Louis Firefighters Memorial Statue Fund, the foodservice activity among frozen food manu- on its 150th anniversary. Founder and past President of the Baden facturers. Murray would never go a day First called the Madison Intelligencer, the Neighborhood Improvement Association, dressed without a penguin—the frozen food first weekly issue was published on November former Chairman of the United Way of Greater marketing symbol—whether it be a tie, a pin, 13, 1862. It has been in continuous operation St. Louis Government Division, President of socks or a hat. He was recognized by this in- since, and it can proudly call itself the St. Florian Society, a former member of dustry with numerous awards throughout his Edwardsville’s oldest business. In the last cen- the Board of Directors at the American Red lifetime. tury and a half, the Edwardsville Intelligencer Cross, and a member of the board of the St. In more recent years, Murray directed his has expanded to daily publication and has Louis Backstoppers, the Mathews-Dickey focus toward philanthropic work. His energy covered all the pivotal moments in our nation’s Boys’ Club, the Salvation Army, and the Amer- and creative thinking had a major impact on history. It has withstood the inventions of ican Red Cross. anything he undertook, particularly in his radio, television, and the internet and has re- Mr. Svetanics is celebrating another anni- hometown of New Haven. Active in both the cently expanded to include an e-Edition, which versary this year along with his wife, Judy local Jewish community, as well as his Alma complements the print edition’s continued suc- Spreng. The couple celebrated their 50th anni- Mater, Quinnipiac University, Murray’s influ- cess. versary in January with their wonderful fam- ence can be seen throughout the city, which During its long history, the Intelligencer has ily—children Maureen, Katie, Amy, and Lisa, has recognized him with a school playground been an easily accessible source of informa- four sons-in-law, and eight grandchildren.

VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MR8.003 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS March 26, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E439 I thank Chief Svetanics for his service to his HONORING CHAIRMAN RICHARD M. tive American Stewardship Committee for the family, community, nation, and to his beloved MILANOVICH OF THE AGUA prestigious Autry National Center. Chairman firefighters all over the St. Louis Metropolitan CALIENTE BAND OF CAHUILLA Milanovich also served as a member of the Area. INDIANS Bureau of Land Management’s California Desert Advisory Council, and the Native Amer- f HON. JEFF DENHAM ican Heritage Commission. The tribal leader served as an advocate for HIV prevention with OF CALIFORNIA COMMISSIONERS COURT OF EL the Desert AIDS Project for more than 10 PASO COUNTY, TEXAS IN THE HOUSE OF REPRESENTATIVES years. As well as having the Agua Caliente Monday, March 26, 2012 tribe partner with the City of Hope’s ‘‘Hike 4 HON. SILVESTRE REYES Mr. DENHAM. Mr. Speaker, I rise today with Hope’’ each year at the Indian Canyons trail. a heavy heart after the passing of Chairman The hiking event supports women’s cancer OF TEXAS Richard M. Milanovich of the Agua Caliente programs at the foundation. IN THE HOUSE OF REPRESENTATIVES Band of Cahuilla Indians. Indian Country has lost a true leader and staple of the ideals of sovereignty and self-suf- Monday, March 26, 2012 Chairman Milanovich grew up on the res- ervation in Section 14 in Southern California, ficiency. His leadership will not be forgotten Mr. REYES. Mr. Speaker, I rise today in where poverty was rampant. Currently, the and his efforts will be the foundation of the fu- recognition of the El Paso County’s Commis- Agua Caliente Band of Cahuilla Indians is a ture for Indian tribes throughout the United sioners Court who signed the following resolu- federally-recognized Indian Tribe located in States. tion. Palm Springs, California with 32,000 acres of f Whereas, a ‘‘Super-Committee’’ was reservation lands that spread across Palm formed and tasked to reduce $1.2 Trillion Springs, Cathedral City, Rancho Mirage, and BREESE CENTRAL CHAMPIONS from our Nation’s budget over the next 10 into the Santa Rosa and San Jacinto moun- years, but failed at their mission; and, tains. Whereas, the Department of Defense could HON. JOHN SHIMKUS endure budget cuts of $487 Billion through- Mr. Milanovich has always been dedicated OF ILLINOIS out the next 10 years; and, to serving his tribal nation and his country, IN THE HOUSE OF REPRESENTATIVES where he served in the United States Army Whereas, due to the failure of the ‘‘Super- Monday, March 26, 2012 Committee’’ there is an additional $600 Bil- from 1960 to 1963 and was stationed in Mu- lion in potential budget cuts for deficit-re- nich, Germany, during the Cold War. He later Mr. SHIMKUS. Mr. Speaker, I rise today to duction measures targeted towards the De- returned to school to fulfill a lifelong ambition congratulate the Breese Central High School partment of Defense; and, to secure his college degree and received a Cougars upon winning the 2012 IHSA Class Whereas, future budget reductions of this Bachelor of Science in Business and Manage- 2A Boys’ State Basketball Championship. nature can potentially affect all branches of ment from the University of Redlands in 1996. This victory is the perfect end to a remark- Defense with reduction of employment and Mr. Milanovich returned to the Agua able season, in which the Cougars recorded could decrease the benefits that our troops Caliente reservation and started as a member and past veterans receive; and, 32 wins and only one loss. The Cougars beat of the tribal council in 1978. He then quickly the South Holland Sting to advance to the Whereas, future reductions should raise ascended through the ranks to serve as sec- concerns of National Security and the abil- championship game, where they defeated the ity to defend our Country from future ex- retary from 1982 to 1984, before he was elect- Normal Pioneers 53–47 and earned their first tremities; and, ed chairman. state championship. Whereas, the United States of America has The Chairman’s connection to his tribe’s his- I would like to recognize Head Coach Stan fought for freedom since its creation and tory was never lost in his efforts to reinforce Eagleson, Assistant Coaches David Thomas, knows that freedom does not come easy and tribal sovereignty for Indians across the coun- Kurt Peters, Jeremy Shubert, Donny it definitely does not come without a price try. He was a strong practitioner and supporter Petterson, and Ryan Meyer, Trainer Marty tag; and, of the ancient traditions, ceremonies and prac- Stewart, and the players themselves: Justin Whereas, our Military’s men and women tices that are important to Indian people. But Becker, Brandon Book, Nick Grapperhaus, are to be held at the upmost respect and he was also a very strong leader in 21st-cen- Tanner Imming, Luke Jackson, Greg Meyer, honor for the service they provide to our tury Indian America. Country and they should feel assured that Luis Perez, Austin Rickhoff, Kyler Scheer, An- Through Chairman Milanovich’s leadership, they are a priority and the American people drew Schulte, Noah Stockmann, Gavin Thom- are behind them; and, he helped craft mutual land-use agreements as, and Jacob Timmermann. Whereas, policies of this type have the with Cathedral City in 1984 and with Rancho Congratulations to the Breese Central Cou- ability to create an internal decrease in mo- Mirage and Riverside County about five years gars for their championship and their incred- rale and the capability to deter future enlist- later, modeled on an agreement struck with ible season. I look forward to next season, ments to our volunteer military; and, Palm Springs in the late 1970s. The intergov- and I wish them all the best in their future en- Whereas, recent developments of Russia ernmental agreements were among the first of deavors. and China vetoing a United Nations resolu- their kind and served as a model for tribes tion aimed at ending Syria’s violence should throughout the rest of the country. f raise concerns that the United States should His first major undertaking was the pur- PERSONAL EXPLANATION keep its military in full force and maintain chase of the Spa Hotel in Palm Springs in their combat readiness for these potential 1992. Since then, his 28-year role as a leader adversaries and other; and, now, therefore, HON. CHRIS VAN HOLLEN be it of Agua Caliente has allowed the tribe to de- velop self-sufficiency through education, cul- OF MARYLAND Resolved, that the El Paso County Judge and Commissioners Court hereby disagree tural preservation, housing, and health care IN THE HOUSE OF REPRESENTATIVES with any future budget cuts that can affect programs. Monday, March 26, 2012 National Security and Benefits provided to Aside from raising his own tribal member- our Veterans that have defended our Nation ship out of poverty and into self-sufficiency, Mr. VAN HOLLEN. Mr. Speaker, on Tues- from opposing threats and to all of our sol- Chairman Milanovich has contributed his time day, March 20, 2012, I was unavoidably de- diers that continue to protect our Country’s and wisdom to many advisory committees, tained and missed rollcall votes. future and our children’s future by placing charities, and other efforts to better Indian Following are the votes I missed and how I their own lives in harm’s way. Country and the lives of people across the would have voted: Signed, this 13th day of February 2012. country. He served as the chairman of the Ad- On rollcall No. 112, had I been present, I Commissioner Anna Perez Pct. 1 visory Committee to the Office of Special would have voted ‘‘no.’’ Commissioner Sergio Lewis Pct. 2 Trustee for the U.S. Department of the Inte- On rollcall No. 113, had I been present, I Commissioner Willie Gandara Pct. 3 rior, which oversees the federal government’s would have voted ‘‘no.’’ Commissioner Daniel R. Haggerty Pct. 4 fiduciary responsibilities to manage tribal trust On rollcall No. 114, had I been present, I County Judge Veronica Escobar funds. In 2004, he was appointed to the Na- would have voted ‘‘yes.’’

VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MR8.005 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS E440 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2012 RECOGNIZING GREEK cupied the areas. In 1966, he was promoted high honors, he earned his master’s and doc- INDEPENDENCE DAY ON MARCH 25 to Second Lieutenant and became the Com- toral degrees in political science at the Ohio mander of the 3rd Company, 203rd Battalion. State University. HON. CHRISTOPHER S. MURPHY In January 1967, Neng Lo’s unit was sent to In 1996, Dr. Anderson joined the Fresno OF CONNECTICUT Na Khang at Lima Site 36 in the Sam Neua State Political Science Department and IN THE HOUSE OF REPRESENTATIVES Province. His assignment on this mission was worked there until his passing. Throughout his to capture Muang Heim, which had been in- career, he taught 200 students in five classes Monday, March 26, 2012 vaded by the North Vietnamese. every semester. American politics, statistics, Mr. MURPHY of Connecticut. Mr. Speaker, In late March of 1968, Neng Lo was pro- political behavior, and comparative politics I rise today to recognize the 191st anniversary moted to Lieutenant and joined Group Mobiles were among the subjects Dr. Anderson taught. of the independence of Greece. As a member 21 counter attack on Phou Pha Thi, the moun- Many of Dr. Anderson’s students have gone of the Congressional Caucus on Hellenic tain where United States radar systems were on to graduate school or rewarding careers as Issues, it gives me great pride to draw atten- installed to guide U.S. airstrikes over North attorneys, teachers, staff members for the tion to our nation’s strong Hellenic heritage Vietnam. Phou Pha Thi had been captured by California State Legislature and the United and celebrate Greece’s declaration of inde- the NVA. During several unsuccessful at- States Congress, or consultants. Henry pendence from the Ottoman Empire. tempts to recapture the site, Neng Lo’s unit Adams famously said, ‘‘A teacher affects eter- Following 400 years of Ottoman rule, in lost most of its members. nity; he can never tell where his influence March 1821 Bishop Germanos of Patras In December 1969, Neng Lo was promoted stops.’’ As an alumnus of the Political Science raised the traditional Greek flag at the mon- to Captain and was appointed Commander of Department at Fresno State, I know firsthand astery of Agia Lavras, inciting his countrymen the 203rd Battalion, Special Guerilla Units of the importance of a dedicated teacher who to rise against the Ottoman army. Against the 21st Mobile Group of the United States serves as an academic guide, moral para- overwhelmingly difficult odds, the Greeks Secret Army. During this assignment, La’s Unit digm, and mentor. arose victorious. The following year, the Trea- was ordered to control the Long Matt Ridge lo- Mr. Speaker, I ask my colleagues to join me ty of Constantinople established full independ- cated south of the Plains of Jars. This was a in paying tribute to the life and service of Dr. ence for Greece. springboard mission to capture the Plains of Rodney A. Anderson, a principled man and The United States and Greece have en- Jars from the NVA. His mission was to attack treasured member of the Fresno State com- joyed a long history of friendship since the the North Vietnamese front line directly so munity. Dr. Anderson’s life was not only filled early days of Greek independence. Today, we other units could penetrate the NVA line to at- with personal milestones, but his dedication to are close partners and allies. We share demo- tack its reinforcement units and supplies. his work and students was admirable. cratic ideals and common values, many of In November 1970, Captain Lo heliported to which were inspired by ancient Greek civiliza- Khang Kai Lima Site 4 to capture a strategic f tion. In fact, our republic is based on ideas position. In December 1970, the NVA attacked OUR UNCONSCIONABLE NATIONAL about self-government set forth and practiced Khang Kai with Russian armored tanks and DEBT in Athens over 2,500 years ago. 130 mm mortars, capturing the site. Lo was Over time, many Greek citizens chose to killed in action. In February 1971, the 201st bring their families to the United States, often Battalion recaptured Khan Kai Lima Site 4, but HON. MIKE COFFMAN to New York and surrounding areas, including Captain Lo’s body was never found. OF COLORADO Connecticut. They became proud American After his death, Neng Lo was promoted to IN THE HOUSE OF REPRESENTATIVES citizens, but preserved their history and culture the rank of Major. Major Lo was married to Monday, March 26, 2012 to pass on to future generations. Mrs. Pang Thao. The couple has two daugh- Mr. COFFMAN of Colorado. Mr. Speaker, I am proud to represent the thousands of ters: Mee Lo and Mao Lo. Neng Lo’s family on January 20, 2009, the day President Greek-Americans who live in northwest Con- resides in Fresno, California. Obama took office, the national debt was necticut. Their vibrant culture and important Mr. Speaker, please join me in post- $10,626,877,048,913.08. contributions have enriched our towns and cit- humously honoring Major Neng Lo for his he- Today, it is $15,585,576,040,333.70. We’ve ies throughout the state. I count many Greek- roic service to the United States of America, added $4,958,698,991,420.62 to our debt in 3 Americans as friends, and am pleased to join and extending deepest condolences to his years. This is debt our Nation, our economy, them in celebrating this important day. Zeto E family. His legacy serves as an example of ex- and our children could have avoided with a Eleftheria! cellence, and his contributions to our country balanced budget amendment. f will not be forgotten. f f HONORING MAJOR NENG LO A TRIBUTE TO THE LIFE OF INTRODUCING THE REPUBLIC OF HON. JEFF DENHAM RODNEY A. ANDERSON GEORGIA DEMOCRACY ACT OF 2012 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES HON. JIM COSTA HON. JIM McDERMOTT OF WASHINGTON Monday, March 26, 2012 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. DENHAM. Mr. Speaker, I rise today to acknowledge and honor the life and service of Monday, March 26, 2012 Monday, March 26, 2012 the late Major Neng Lo. Major Lo’s life was Mr. COSTA. Mr. Speaker, I rise to honor the Mr. McDERMOTT. Mr. Speaker, I rise to in- dedicated to his service in the United States life of Dr. Rodney A. Anderson, a noted pro- troduce the Republic of Georgia Democracy Secret Army during the Vietnam War. fessor at California State University, Fresno Act of 2012. This bill sheds light into the dete- Neng Lo was born April 1, 1946, in Ban (Fresno State) who passed away on March 7, riorating political situation in the Republic of Houi Kinning, located in the Houi Kinning Dis- 2012. Dr. Anderson served as a political Georgia and makes clear to the Georgian trict of Muang Khoun in the Xieng Khouang science professor and mentor for hundreds of Government that maintaining democratic insti- Province of the Kingdom of Laos. He attended students. He characterized the best of what tutions and regular free, fair and competitive Muang Khoun Elementary School. While in the our nation’s education system has to offer—he elections are key priorities for a strong rela- fifth grade, he was recruited to train and serve was wise, kind, and worked tirelessly to en- tionship between our two countries. in the United States Secret Army. After com- sure that his students were successful. This bill will help to reverse the suppression pletion of training, Neng Lo was incorporated Dr. Anderson grew up on his family’s farm that has been intensifying by showing the into the Auto Defense Community stationed at where he learned the value of hard work. Dr. Georgian President Mikheil Saakashvili the Lima Site 15. Anderson attended Geneva High School, cost of these anti-democratic actions. I know In 1964, at the age of 18, he was selected where he was an active member of the Future Members of Congress on both sides of the to transfer to the 2nd Company Infantry, 203rd Farmers of America and excelled in extempo- aisle share my growing concern over the vio- Battalion, Special Guerrilla Units. This unit raneous speaking competitions. Upon grad- lent suppression of parties, nongovernmental was a mobile unit that moved around the uating from high school in 1984, Dr. Anderson organizations and workers in Georgia. I urge Plains of Jars to ambush and counter attack pursued a bachelor’s degree at the University my colleagues to support this bill and stand up North Vietnamese Army, NVA, troops that oc- of Nebraska at Lincoln. After graduating with for democracy in Georgia.

VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MR8.009 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS March 26, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E441 SAINTE MARIE 175TH Girls Scouts of America was founded in HONORING THE 40TH ANNIVER- 1912 in Savannah, Georgia. Savannah native SARY OF THE MARIANAS HON. JOHN SHIMKUS Juliette ‘‘Daisy’’ Gordon Low started a regular VARIEY NEWS & VIEWS OF ILLINOIS meeting for local girls to provide them with the IN THE HOUSE OF REPRESENTATIVES opportunity to achieve great physical, intellec- HON. GREGORIO KILILI CAMACHO Monday, March 26, 2012 tual, and spiritual success. For 100 years, Girl Scout chapters across SABLAN Mr. SHIMKUS. Mr. Speaker, I rise today to the United States have helped millions of girls OF THE NORTHERN MARIANA ISLANDS honor the village of Sainte Marie, Illinois, upon grow into women of courage, confidence, and IN THE HOUSE OF REPRESENTATIVES its 175th anniversary. character. Girl Scouts of America has several Monday, March 26, 2012 Sainte Marie was founded in 1837 by immi- award-winning programs that encourage girls Mr. SABLAN. Mr. Speaker, forty years ago, grants from eastern France. They were a to discover themselves and their values, con- on March 16, 1972, a local couple in the group of several related families, who, fearful nect with their communities, and take action to Northern Mariana Islands, Abed E. Younis and of outside influences on the Church, decided make the world a better place. Traditions such Maria Paz Castro Younis, wrote, edited, print- to establish a colony in America, where they as the Girl Scout Gold Award challenge girls ed, and distributed the first issue of the Mari- might practice their religion as they saw fit. To to make a measurable and sustainable dif- anas Variety News & Views. So began the life this end, they elected to send one of their chil- ference in their community by assessing of what is now the oldest local newspaper in dren, Joseph Picquet, to find a suitable place needs, designing solutions, and organizing re- our islands—on a table-top printer in a small for their settlement. At the time, Picquet was sources to sustain the project. commercial space they called Younis Art Stu- only 19 years old, but he was wise beyond his The impact of Girl Scouts of America pro- dio. years. grams is not limited to our local communities. The Variety, as the paper is now more suc- After arriving in America in 1835, Picquet Specialized learning programs centered on cinctly known, still provides its readers with lived briefly in Philadelphia, learning the lan- science, technology, engineering, and math in- extensive local news and views. It also carries guage and local customs. He then spent most crease the education of young women in reports of the region, the United States and of 1836 exploring America and her vast wilder- these important fields. The Girl Scout Re- the world, as well as interesting and in-depth ness. After extensive travel, he settled on a lo- search Institute performs research that pro- feature stories. The Variety includes a cation for the colony in southern Illinois on the vides significant insight into the lives of today’s thought-provoking opinion section, where the Embarras River, not far from Vincennes, Indi- girls and young women. public can air its views, and where the Variety ana. He chose the site for its untapped re- Today, more than 50 million American itself regularly takes an editorial stand on the sources and the strong French presence in women are Girl Scout alumnae, and 3.3 mil- issues of current political, social, and eco- the area. lion girls and volunteers are active members in nomic import in the islands. Always, though, Having found the site for the colony, Picquet Girl Scouts of America. In the Central Valley the Variety is a publication independent at then returned home to collect his family, and of California, over 12,000 girls ranging in age heart without ties to business or political inter- in June of 1837, Picquet and 24 of his rel- from kindergarten to high school are Girl ests. The mission it serves is to deliver the lat- atives arrived in what would become the vil- Scouts. est news to our community in a fair and even- lage of Sainte Marie. While preparing their set- Mr. Speaker, please join me in applauding handed manner. tlement, they stayed on a nearby farm, and the Girl Scouts of the United States of Amer- These days, the ‘‘community’’ served by the their construction efforts were blessed by Fa- ica for 100 years of leadership in the lives of Variety has expanded beyond the shores of ther Stephen Theodore Badin, the first priest girls and young women and congratulating the the Northern Marianas. The paper is published to be ordained in the United States. organization on its centennial celebration. and circulated each Monday through Friday in On October 28, 1837, Picquet and the other f the Northern Mariana Islands, Guam, Palau, settlers took possession of the land, which PERSONAL EXPLANATION and the Federated States of Micronesia. There they dedicated to the Virgin Mary. They called are print subscribers far and wide: in the it a Colonie des Fre`res, since they were all re- HON. JESSE L. JACKSON, JR. South Pacific, the Philippines, Hawaii, Japan, lated by either blood or marriage. Largely due and the mainland U.S. And the Variety’s wide- to Picquet’s efforts, the colony quickly grew OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES ly-viewed website, www.mvariety.com, and became a cultural center for the region. It reaches an even more extensive audience soon had such facilities as a saw mill, a post Monday, March 26, 2012 and allows its readers to content with com- office, a church, a free school, and even a rail- Mr. JACKSON of Illinois. Mr. Speaker, on ments about the published stories and issues road station. The settlement was renamed Monday, March 19, Tuesday, March 20, of concern and to interact with one another Sainte Marie, retaining the spelling of their Wednesday, March 21, and Thursday, March and share ideas in a forum that is constantly French heritage, and in 1865 Sainte Marie 22, 2012, I was unavoidably detained for per- expanding. was officially chartered by the State of Illinois. sonal reasons, and missed a series of re- The Variety is a member of the Associated Today Sainte Marie remains a charming corded votes. The votes included, H.R. 3992, Press, Reuters, and the Pacific Island News rural community which teaches strong morals to allow otherwise eligible Israeli nationals to Association and has received a number of no- and family values. Its citizens are proud of receive E–2 nonimmigrant visas if similarly sit- table awards including ‘‘Best Newspaper,’’ their town and its history, as well as the many uated United States nationals are eligible for ‘‘Best Editorial Writing ,’’ and ‘‘Best News Pho- businessmen and professionals it has pro- similar nonimmigrant status in Israel; H.R. tography’’ from the Society of Professional duced. This summer the people of Sainte 2087, to remove restrictions from a parcel of Journalists—NMI Chapter, an NMI Humanities Marie will honor the town’s history and its citi- land situated in the Atlantic District, Accomack Award for Outstanding Contributions to Jour- zens with its Quartoseptcentennial Celebra- County, Virginia; H.R. 5, to improve patient ac- nalism, Best Online Edition of a Pacific Island tion. In recognition of this momentous occa- cess to health care services and provide im- Newspaper, and an Environmental Achieve- sion, I ask my fellow members of this House proved medical care by reducing the exces- ment Award from the U.S. Environmental Pro- to join with me as I wish them success in their sive burden the liability system places on the tection Agency. upcoming festivities and in the years to come. health care delivery system, among others. Over the years, the Variety has been a f If present, I would have recorded my votes strong community partner, donating to and as- 100TH ANNIVERSARY OF THE GIRL as follows: on March 19, ‘‘yea’’ on rollcall vote sisting numerous non-profit organizations, SCOUTS 111; on Tuesday, March 20, ‘‘nay’’ on rollcall events, and activities, as well as creating com- vote 112, ‘‘nay’’ on rollcall vote 113, ‘‘yea’’ on munity projects such as its own School News- HON. JEFF DENHAM rollcall vote 114, ‘‘yea’’ on rollcall vote 115, paper Program, through which elementary and ‘‘yea’’ on rollcall vote 116, and ‘‘nay’’ on roll- high school students learn about the news OF CALIFORNIA call vote 117; on Wednesday, March 22, ‘‘nay’’ trade by publishing their own school news- IN THE HOUSE OF REPRESENTATIVES on rollcall vote 118, ‘‘nay’’ on rollcall vote 119, papers. The Variety also offers great on-the- Monday, March 26, 2012 ‘‘yea’’ on rollcall vote 120, ‘‘nay’’ on rollcall job training opportunities, including annual in- Mr. DENHAM. Mr. Speaker, I rise today, vote 121; on Thursday, March 22, ‘‘nay’’ on ternships for individuals interested in jour- during Women’s History Month, to commemo- rollcall vote 122, ‘‘yea’’ on rollcall vote 123, nalism, graphic arts, marketing and sales, web rate the 100th anniversary of the Girl Scouts ‘‘nay’’ on rollcall vote 124, ‘‘yea’’ on roll vote press technique, and other aspects of pub- of the United States of America. 125, and ‘‘nay’’ on rollcall vote 126. lishing.

VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MR8.006 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS E442 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2012 As the newspaper has expanded physically PROTECTING ACCESS TO on March 31, 2012, after more than 22 years and geographically, so too has the Younis HEALTHCARE ACT of outstanding service to our veterans. family’s involvement in day-to-day operations. Carolyn Hebenstreich began working for the All six of Abed and Paz’s children—Banny, SPEECH OF VA Medical Center in Livermore as a student Laila, Farah, Amier, Suaad, and Salam—grew HON. CHRIS VAN HOLLEN helper in Housekeeping during the summer of up around and matured with the Variety. 1968. In 1976, Carolyn was hired by the VA OF MARYLAND Today, three of those children have followed Medical Center, VAMC, Livermore as a File IN THE HOUSE OF REPRESENTATIVES their parents’ footsteps into the newspaper Clerk and worked her way up to Chief of Of- business. Laila Younis Boyer is now the presi- Wednesday, March 21, 2012 fice Operations. dent of the local corporation, while her brother The House in Committee of the Whole In 1979, Carolyn took a hiatus and worked Amier serves as the publisher of the news- House on the state of the Union had under in the private sector for about 8 months. She paper’s sister edition on Guam and their broth- consideration the bill (H.R. 5) to improve pa- then worked at the Tracy Defense Logistic er Salam is the operations manager of the tient access to health care services and pro- Depot for a short time before transferring back Saipan office. vide improved medical care by reducing the to VAMC Livermore. In 1985, she transferred Please join me in congratulating Abed and excessive burden the liability system places to VA New Orleans as the Chief of Ambulatory Paz Younis, their family, and all of their past on the health care delivery system: Care. Her desire to return to California and current employees and colleagues at the Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- prompted her transfer back to VAMC Liver- Marianas Variety News & Views for the news- sition to this bill because it is a misguided at- more in February 1986, where she worked for paper’s forty years as an important provider of tempt at scoring political point that combines 3 more years. local, regional, and international news, a two bad policies and puts them into one piece Stanislaus County hired Carolyn in June strong community partner, and a successful of legislation. First, it is obvious that the 1989, as Veterans Representative 1 for the member of the business community in the House Republican leadership has brought this Veterans Services Office, VSO. When the De- Northern Mariana Islands. bill to the floor the day after introducing their partment Head, Bud Lahr, retired in 1993, the f budget in an attempt to distract American sen- VSO merged with the Area Agency on Aging iors from the damaging effects it would have to become the Stanislaus County Department PROTECTING ACCESS TO on Medicare. That budget proposes to end the of Aging and Veterans Services. HEALTHCARE ACT Medicare guarantee, and shifts the rising costs Carolyn was appointed to be the lead per- of healthcare onto seniors and disabled indi- SPEECH OF son for the VSO. She served in this capacity viduals. from 1993 until 2001, when she was promoted HON. STEVE ISRAEL Second, let’s look at the facts. Medicare to Manager of the VSO. OF NEW YORK costs already grow at a slower rate than the Ms. Hebenstreich is accredited by the fol- IN THE HOUSE OF REPRESENTATIVES private insurance industry. We took a huge lowing organizations: American Legion, Vet- Wednesday, March 21, 2012 step in strengthening Medicare and the overall erans of Foreign Wars, Disabled American health system in the Affordable Care Act The House in Committee of the Whole Veterans, Military Order of the Purple Heart, House on the state of the Union had under (ACA), which includes virtually every cost con- California Department of Veteran Affairs, and consideration the bill (H.R. 5) to improve pa- tainment provision recommended by health the National Association of County Veterans tient access to health care services and pro- care experts. The Independent Payment Advi- Services Officers. vide improved medical care by reducing the sory Board (IPAB) is simply one of the tools In addition, Carolyn has served on various excessive burden the liability system places in the ACA to help contain costs. It is a committees over the years for the California on the health care delivery system: failsafe provision that only comes into effect if Association of County Veterans Services Offi- Mr. ISRAEL. Mr. Chair, I rise today to speak other reforms in the ACA do not contain costs cers and served on the Executive Committee in opposition to the Protecting Access to or Congress chooses not to act to implement for 2 years. She has helped organize the An- Healthcare Act. new measures that would build upon the kind nual Veterans Day Parades and Veterans The Protecting Access to Healthcare Act is of changes we made in the Affordable Care Award Ceremonies since 1994, and has a wolf in sheep’s clothing. Unfortunately, this Act. Those reforms have already begun to worked with the local veterans organizations bill is a blatant attempt to protect the profits of lower Medicare growth rates to historically low on an ongoing basis. special interests and restrict the rights of pa- levels, which prompted the CBO to project that Mr. Speaker, please join me in honoring and tients. The facts are right on the pages in IPAB will not even become necessary until commending Carolyn Hebenstreich, Stanislaus black and white. H.R. 5 reduces access to sometime after 2022. County Veterans Services Office Manager, for courts for individuals injured by medical neg- Everyone here knows that IPAB is prohib- her numerous years of selfless service to the ligence like removing the wrong leg, faulty ited by law from rationing health care, increas- betterment of our community. medical devices or dangerous drugs. It im- ing premiums, initiating cost-sharing, and rec- f poses a one size fits all approach on the dam- ommending benefits cuts—and we also all ages in medical negligence cases and goes know that rationing by the insurance industry ON THE PASSING OF MS. ADA further than any state law in place today. is precisely what the Republican budget pro- SHARPTON In fact, H.R. 5 includes provisions that vio- poses to do. Republican attacks on IPAB are late States’ rights by mandating a federal cap simply a diversion from the fact that House HON. CORRINE BROWN on all fifty states for medical liability. By includ- Republicans want to put insurance companies OF FLORIDA ing this poison pill, the House Republicans back in charge of American’s health care IN THE HOUSE OF REPRESENTATIVES have prevented consensus in the House on choices. We should not be trying to repeal Monday, March 26, 2012 changes to the Independent Payment Advisory helpful provisions of the ACA to divert atten- Board. The American people want Congress tion from the larger issue: the House Repub- Ms. BROWN of Florida. Mr. Speaker, on be- to focus on commonsense, bipartisan legisla- lican budget and its attack on the Medicare half of the citizens of the Third Congressional tion, but the House Republicans refuse. It ap- guarantee. District of Florida, I want to express my condo- pears some Members on the other side of the f lences on the passing of Ms. Ada Sharpton on aisle won’t stop until they abolish healthcare Thursday, March 23, 2012, in Dothan, Ala- for all people, and especially low-income indi- HONORING CAROLYN bama. My thoughts and prayers go out to the viduals, women and seniors. They can try to HEBENSTREICH family and friends of this loving and devoted hide behind any piece of legislation they want, mother. but they can’t hide from the facts: their goal is HON. JEFF DENHAM With great reverence, I add my voice to the to end the Medicare guarantee and increase OF CALIFORNIA chorus of praises and sincere appreciation for costs for seniors. IN THE HOUSE OF REPRESENTATIVES the lifetime works and experience of this ex- I will continue to urge my Republican col- tremely passionate and loving soul, inspiration, leagues to stop their war on women and sen- Monday, March 26, 2012 and friend to all. Few people have the oppor- iors, I will continue to protect quality Mr. DENHAM. Mr. Speaker, I rise today to tunity to influence so many in their life. All who healthcare for Americans and I will continue to acknowledge and honor Ms. Carolyn came into contact with Ada were especially push for compromise in the House of Rep- Hebenstreich, Stanislaus County Veterans blessed. Her intensity was born of love, her in- resentatives. Services Office Manager, who will be retiring sistence was driven by her determination to

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ensure we have the tools to succeed; her style Spirling, Lawrence Sullivan, Daphne Burgess, SCOTT RIGELL and myself, to call attention to was to embrace our souls, hearts, and even Shonna McDaniel, Gene Howell, Mallory a group of young students from Hampton, Vir- squeeze a little harder, just to get our atten- Knight, Lumumba, Marichal Brown, David ginia, who have distinguished themselves, tion. Alexander, James and Renee Sweeney, John their school, their community and the Com- As we join with her loving family, we see in King, Kanika Marshall, Constance King, Mar- monwealth of Virginia. their eyes this boundless love and the mean- shall Bailey, Frankie Edwards-Lee, Cynthia ing of her life, so richly captured by their indi- Brooks, Janis Wade, and Daneshia Johnson. The Hampton High School Crabbers basket- vidual and collective accomplishments, and for I would also like to recognize the dozens of ball team had a remarkable season. On March whom she served as the driving force. From a businesses and sponsors that have collabo- 11, Coach Walter Brower and the Crabbers very young age, she encouraged her son Al to rated with SAAAC, including the Sacramento won their first Virginia state basketball cham- preach the word of God and to stand up for Central Labor Council, AFL–CIO, The pionship since 1997, their fifth overall, by de- the rights of those who have no voice. Brickhouse Gallery, Crave The Spotlight, Pa- feating Petersburg High School of Petersburg, As Ms. Ada Sharpton transitions home cific Housing Inc., and many others. 64–51, at the VCU Siegel Center in Rich- again, we say thank you Ada and we thank Mr. Speaker, I am honored to recognize mond, Virginia. God for you, always and forever. these community members and their priceless After not making it to last year’s Eastern Re- contributions to the rich and diverse cultural f gion Tournament, the Crabbers came into this experience that Sacramento offers. As artists, season as unlikely to win the state champion- IN RECOGNITION OF THE SAC- friends, and community leaders gather at the RAMENTO AFRICAN-AMERICAN Kuumba Gallery, I ask my colleagues to join ship. However, as a result of tireless work on ART COLLECTIVE me in honoring the Sacramento African-Amer- the part of both Hampton’s players and coach- ican Art Collective and its partners for helping es, the team was able to rise to a level that, HON. DORIS O. MATSUI to enrich our lives. given their performance last year, few would have thought achievable. OF CALIFORNIA f IN THE HOUSE OF REPRESENTATIVES After three straight close games to begin the RECOGNIZING PAUL ALLEN’S PER- Virginia High School League tournament, in- Monday, March 26, 2012 SONAL DONATION OF $300 MIL- LION FOR BRAIN RESEARCH cluding a near loss to the Bayside Marlins Ms. MATSUI. Mr. Speaker, I rise today in from Virginia Beach, the Crabbers never recognition of the Sacramento African-Amer- trailed their opponents in their final two ican Art Collective (SAAAC), which serves to HON. CATHY McMORRIS RODGERS games. enhance cultural and artistic experiences in OF WASHINGTON the Sacramento area community. SAAAC IN THE HOUSE OF REPRESENTATIVES Although very accomplished in basketball, Hampton High’s legacy of excellence is not came together in 2010, and offers great op- Monday, March 26, 2012 portunities for African-American artists to limited to the field of athletics. Under the direc- showcase their work in collaboration with local Mrs. MCMORRIS RODGERS. Mr. Speaker, tion of Principal Myra Chambers, the Hampton businesses. I ask all my colleagues to join me I rise today in my role as co-chair of the bipar- faculty seeks to inspire all students to strive in honoring the artists, organizers, and busi- tisan Congressional Neuroscience Caucus. for excellence and achievement in the class- nesses involved in this valuable cultural re- The caucus works on a bipartisan basis to room, in their extracurricular activities and in share the latest developments in neuroscience source. their communities. SAAAC was founded as a means to in- so that we might unlock new insights and new As a direct descendent of the Syms-Eaton crease the exposure of African-American art- cures. Yesterday was a historic day in the neuro- School, the first free school in America estab- ists to the Sacramento community, and like- science research community. That’s because lished in the American colonies, Hampton wise to allow the Sacramento community to yesterday, Paul Allen made a personal dona- High has continued to uphold a tradition root- enjoy the unique messages and perspectives tion of $300 million to help better understand offered by African-American artists. Since its ed in excellent public education. Affectionately the human brain. inaugural 1st Saturday Art Tour in February, known as the ‘‘little Pentagon,’’ Hampton has This is one of the largest donations ever for 2011, SAAAC has become an integral part of been selected in the past as one of the best brain research. But it is not the first. Mr. the monthly art experience in Sacramento. schools in the United States when it received Allen—best known as the co-founder of Micro- Local businesses continue to volunteer their the national Award of Academic Excellence soft—made a $100 million donation nine years time and space to exhibit the work of these from the Department of Education. Hampton’s ago when he launched the Allen Institute for artists, all of whom are locally-based. commendation for this award read in part: Brain Science. In fact, he now has contributed In honor of Black History Month, and in col- Hampton High has seen ‘‘the glory of a matur- some $500 million to this great quest. ing nation and the pain of depression and war- laboration with the California Governor’s office, I would like to recognize Mr. Allen and wish fare. Yet through it all, the school has always SAAAC exhibited several works in the Gov- his amazing team of scientists success, be- respected and upheld the traditional values of ernor’s Annex at the California State Capitol. cause all of society stands to benefit. The collection, co-sponsored by the California educational achievement and pride in one’s Legislative Black Caucus, was titled ‘‘Family: f community. . . .’’ Those We Love!’’, and was available to enjoy IN RECOGNITION OF THE HAMP- So, on this occasion, we would like to ex- from February 20th, to March 2nd, 2012. This TON HIGH SCHOOL BASKETBALL tend our enthusiastic congratulations to Coach was the first such exhibit in the Governor’s Of- TEAM Walter Brower, his coaching staff, the players fice to acknowledge the contribution of Afri- on the Hampton High School Crabbers and to can-American artists to the distinct cultural mi- HON. ROBERT C. ‘‘BOBBY’’ SCOTT all Hampton High School students, families, lieu that makes Sacramento great. The collec- OF VIRGINIA friends and fans, for their continued dedication tion is now on display at the Kuumba Collec- IN THE HOUSE OF REPRESENTATIVES to excellence in winning the Group AAA Vir- tive Art Gallery in Sacramento. Among the artists and community leaders Monday, March 26, 2012 ginia High School League state basketball I’d like to recognize are Gerry GOS’’ Simpson, Mr. SCOTT of Virginia. Mr. Speaker, I am championship of 2012. Frank Blackwell, Milton Bowens, Warren honored to rise, on behalf of Congressman

VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MR8.020 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS E444 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2012 SENATE COMMITTEE MEETINGS 10:30 a.m. retary of the Army, all of the Depart- Inaugural Ceremonies—2012 ment of Defense. Title IV of Senate Resolution 4, Organizational business meeting to con- SD–G50 agreed to by the Senate on February 4, sider an original resolution authorizing Energy and Natural Resources 1977, calls for establishment of a sys- expenditures for committee operations To hold hearings to examine current and and committee’s rules and procedure tem for a computerized schedule of all near-term future price expectations for the 112th Congress. and trends for motor gasoline and meetings and hearings of Senate com- S–216, Capitol other refined petroleum fuels. mittees, subcommittees, joint commit- 2 p.m. SD–366 tees, and committees of conference. Appropriations Judiciary This title requires all such committees Commerce, Justice, Science, and Related Business meeting to consider S. 2159, to to notify the Office of the Senate Daily Agencies Subcommittee extend the authorization of the Drug- To hold hearings to examine proposed Digest—designated by the Rules Com- Free Communities Support Program budget estimates for fiscal year 2013 for through fiscal year 2017, and the nomi- mittee—of the time, place, and purpose the National Aeronautics and Space nations of Richard Gary Taranto, of of the meetings, when scheduled, and Administration. Maryland, to be United States Circuit any cancellations or changes in the SD–124 Judge for the Federal Circuit, William meetings as they occur. 2:30 p.m. J. Kayatta, Jr., of Maine, to be United Commerce, Science, and Transportation States Circuit Judge for the First Cir- As an additional procedure along To hold hearings to examine the science cuit, Robin S. Rosenbaum, to be United with the computerization of this infor- and standards of forensics. States District Judge for the Southern mation, the Office of the Senate Daily SR–253 District of Florida, Gershwin A. Drain, Digest will prepare this information for Banking, Housing, and Urban Affairs to be United States District Judge for printing in the Extensions of Remarks Economic Policy Subcommittee the Eastern District of Michigan, John To hold hearings to examine retirement, Thomas Fowlkes, Jr., to be United section of the CONGRESSIONAL RECORD focusing on examining the retirement on Monday and Wednesday of each States District Judge for the Western savings deficit. District of Tennessee, Kevin McNulty, week. SD–538 and Michael A. Shipp, both to be a Meetings scheduled for Tuesday, Appropriations United States District Judge for the Energy and Water Development Sub- March 27, 2012 may be found in the District of New Jersey, Stephanie committee Marie Rose, to be United States Dis- Daily Digest of today’s RECORD. To hold hearings to examine proposed trict Judge for the Southern District of budget estimates for fiscal year 2013 for Iowa, and Gregory K. Davis, to be the Army Corps of Engineers and Bu- MEETINGS SCHEDULED United States Attorney for the South- reau of Reclamation. ern District of Mississippi, Department MARCH 28 SD–192 of Justice. 9:30 a.m. Homeland Security and Governmental Af- SD–226 Armed Services fairs 10 a.m. SeaPower Subcommittee Federal Financial Management, Govern- Homeland Security and Governmental Af- To receive a closed briefing on the Ohio- ment Information, Federal Services, fairs class Replacement Program in review and International Security Sub- Contracting Oversight Subcommittee of the Defense Authorization request committee To hold hearings to examine contractors, for fiscal year 2013 and the Future To hold hearings to examine assessing ef- focusing on how much they are costing Years Defense Program. forts to combat waste and fraud in Fed- the government. SVC–217 eral programs. SD–342 9:45 a.m. SD–342 Banking, Housing, and Urban Affairs Veterans’ Affairs Appropriations Business meeting to consider the nomi- To hold hearings to examine the nomina- Financial Service and General Government nations of Jerome H. Powell, of Mary- tions of Margaret Bartley, of Mary- Subcommittee land, and Jeremy C. Stein, of Massa- land, and Coral Wong Pietsch, of Ha- To hold hearings to examine enhancing chusetts, both to be a Member of the waii, both to be a Judge of the United economic growth, focusing on the De- Board of Governors of the Federal Re- States Court of Appeals for Veterans partment of the Treasury’s responses serve System, Jeremiah O’Hear Nor- Claims. to the foreclosure crisis and mounting ton, of Virginia, to be a Member of the SR–418 student loan debt. Board of Directors of the Federal De- 10 a.m. SD–138 posit Insurance Corporation, and Rich- Appropriations Judiciary ard B. Berner, of Massachusetts, to be Department of Defense Subcommittee To hold hearings to examine certain Director, Office of Financial Research, To hold hearings to examine Department nominations. and Christy L. Romero, of Virginia, to of Defense health programs. SD–226 be Special Inspector General for the SD–192 Armed Services Troubled Asset Relief Program, both of Foreign Relations Strategic Forces Subcommittee the Department of the Treasury; to be To hold hearings to examine United To hold hearings to examine Department immediately followed by a hearing to States policy on Iran. of Defense nuclear forces and policies examine developing the framework for SD–419 in review of the Defense Authorization safe and efficient mobile payments. Judiciary request for fiscal year 2013 and the Fu- SD–538 To hold hearings to examine the Special ture Years Defense Program; with the Health, Education, Labor, and Pensions Counsel’s report on the prosecution of possibility of a closed session in SVC– To hold hearings to examine Food and Senator Ted Stevens. 217 following the open session. Drug Administration (FDA) user fee SD–226 SR–222 agreements, focusing on strengthening Appropriations FDA and the medical products industry Departments of Labor, Health and Human MARCH 29 for the benefit of patients. Services, and Education, and Related 9:30 a.m. SH–216 Agencies Subcommittee Armed Services Rules and Administration To hold hearings to examine proposed To hold hearings to examine the nomina- To hold hearings to examine S. 2219, to budget estimates for fiscal year 2013 for tions of Frank Kendall III, of Virginia, amend the Federal Election Campaign the National Institutes of Health. to be Under Secretary for Acquisition, Act of 1971 to provide for additional SD–124 Technology, and Logistics, James N. disclosure requirements for corpora- Appropriations Miller, Jr., of Virginia, to be Under tions, labor organizations, Super PACs Military Construction and Veterans Af- Secretary for Policy, Erin C. Conaton, and other entities. fairs, and Related Agencies Sub- of the District of Columbia, to be SR–301 committee Under Secretary for Personnel and Small Business and Entrepreneurship To hold hearings to examine proposed Readiness, Jessica Lynn Wright, of To hold hearings to examine the Presi- budget estimates for fiscal year 2013 for Pennsylvania, and Katharina G. dent’s proposed budget request for fis- the Department of the Navy and the McFarland, of Virginia, both to be an cal year 2013 for the Small Business Department of the Air Force. Assistant Secretary, and Heidi Shyu, of Administration. SD–138 California, to be an Assistant Sec- SR–428A

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VerDate Mar 15 2010 04:52 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M26MR8.000 E26MRPT1 smartinez on DSK6TPTVN1PROD with REMARKS Monday, March 26, 2012 Daily Digest Senate Transmitting, pursuant to law, the notification of Chamber Action the President’s intent to add the Republic of South Routine Proceedings, pages S2009–S2038 Sudan (South Sudan) to the list of beneficiary devel- Measures Introduced: Five bills and one resolution oping countries under the Generalized System of were introduced, as follows: S. 2233–2237, and S. Preferences (GSP) program; which was referred to the Committee on Finance. (PM–44) Page S2030 Res. 406. Page S2030 Transmitting, pursuant to law, the notification of Measures Considered: the President’s intent to suspend designation of Ar- Oil Tax Subsidies—Agreement: Senate resumed gentina as a beneficiary developing country under consideration of the motion to proceed to consider- the Generalized System of Preferences (GSP) pro- ation of S. 2204, to eliminate unnecessary tax sub- gram; which was referred to the Committee on Fi- sidies and promote renewable energy and energy nance. (PM–45) Page S2030 conservation. Pages S2025–28 Nominations Confirmed: Senate confirmed the fol- During consideration of this measure today, Senate lowing nominations: also took the following action: 63 Air Force nominations in the rank of general. By 92 yeas to 4 nays (Vote No. 59), three-fifths 31 Army nominations in the rank of general. of those Senators duly chosen and sworn, having Routine lists in the Air Force, Army, Marine voted in the affirmative, Senate agreed to the motion Corps, and Navy. Pages S2036–37, S2038 to close further debate on the motion to proceed to Measures Placed on the Calendar: Page S2030 consideration of the bill. Page S2028 Measures Read the First Time: Page S2030 A unanimous-consent agreement was reached pro- viding for further consideration of the motion to Additional Cosponsors: Pages S2030–32 proceed to consideration of the bill at approximately Statements on Introduced Bills/Resolutions: 11 a.m., on Tuesday, March 27, 2012, and, that all Pages S2032–34 time during adjournment, recess and morning busi- Additional Statements: Pages S2029–30 ness count post-cloture on the motion to proceed to Amendments Submitted: Pages S2034–36 consideration of the bill. Page S2037 Notices of Hearings/Meetings: Page S2036 Appointments: Privileges of the Floor: Page S2036 United States Commission on International Re- ligious Freedom: The Chair, on behalf of the Presi- Record Votes: One record vote was taken today. dent pro tempore, upon the recommendation of the (Total—59) Page S2028 Majority Leader, pursuant to Public Law 105–292, Adjournment: Senate convened at 2 p.m. and ad- as amended by Public Law 106–55, and as further journed at 6:44 p.m., until 10 a.m. on Tuesday, amended by Public Law 107–228, and 112–75, ap- March 27, 2012. (For Senate’s program, see the re- pointed the following individual to the United marks of the Acting Majority Leader in today’s States Commission on International Religious Free- Record on page S2038.) dom: Katrina Lantos Swett of New Hampshire, vice Dr. Don H. Argue. Page S2037 Committee Meetings Messages from the President: Senate received the following messages from the President of the United (Committees not listed did not meet) States: No committee meetings were held.

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VerDate Mar 15 2010 03:47 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR2.REC D26MRPT1 smartinez on DSK6TPTVN1PROD with DIGEST D298 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 2012 House of Representatives Amending the Federal Deposit Insurance Act Chamber Action with respect to information provided to the Bureau Public Bills and Resolutions Introduced: 7 public of Consumer Financial Protection: H.R. 4014, to bills, H.R. 4256–4262; and 3 resolutions, H.J. Res. amend the Federal Deposit Insurance Act with re- 106 and H. Con. Res. 113–114, were introduced. spect to information provided to the Bureau of Con- Pages H1570–71 sumer Financial Protection. Pages H1555–56 Additional Cosponsors: Page H1571–72 Recess: The House recessed at 4 p.m. and recon- Reports Filed: A report was filed on March 23, vened at 6:30 p.m. Page H1556 2012 as follows: Suspension—Proceedings Postponed: The House H. Con. Res. 112, establishing the budget for the debated the following measure under suspension of United States Government for fiscal year 2013 and the rules. Further proceedings were postponed: setting forth appropriate budgetary levels for fiscal Homes for Heroes Act: H.R. 3298, to establish years 2014 through 2022 (H. Rept. 112–421). the position of Special Assistant for Veterans Affairs A report was filed today as follows: in the Department of Housing and Urban Develop- H. Res. 595, providing for consideration of the ment. Pages H1553–55 bill (H.R. 3309) to amend the Communications Act Presidential Messages: Read a message from the of 1934 to provide for greater transparency and effi- President wherein he notified the Congress of his in- ciency in the procedures followed by the Federal tention to suspend designation of Argentina as a Communications Commission (H. Rept. 112–422). beneficiary developing country under the Generalized Page H1570 System of Preferences (GSP) program—referred to Speaker: Read a letter from the Speaker wherein he the Committee on Ways and Means and ordered to appointed Representative Denham to act as Speaker be printed (H. Doc. 112–94) Page H1548 pro tempore for today. Page H1545 Read a message from the President wherein he no- tified the Congress of his intention to add the Re- Recess: The House recessed at 12:08 p.m. and re- public of South Sudan to the list of beneficiary de- convened at 2 p.m. Page H1546 veloping countries under the Generalized System of Journal: The House agreed to the Speaker’s approval Preferences (GSP) program—referred to the Com- of the Journal by a recorded vote of 310 ayes to 80 mittee on Ways and Means and ordered to be print- noes with 4 answering ‘‘present’’, Roll No. 129. ed (H. Doc. 112–95). Page H1548 Pages H1546, H1558 Quorum Calls—Votes: Two yea-and-nay votes and Recess: The House recessed at 2:15 p.m. and recon- one recorded vote developed during the proceedings vened at 3 p.m. Page H1548 of today and appear on pages H1556–57, Suspensions: The House agreed to suspend the rules H1557–58, and H1558. There were no quorum and pass the following measures: calls. Exempting inter-affiliate swaps from certain Adjournment: The House met at 12 noon and ad- regulatory requirements put in place by the Dodd- journed at 8:45 p.m. Frank Wall Street Reform and Consumer Protec- tion Act: H.R. 2779, amended, to exempt inter-affil- Committee Meetings iate swaps from certain regulatory requirements put TSA OVERSIGHT PART III in place by the Dodd-Frank Wall Street Reform and 2 Committee on Oversight and Government Reform and Com- Consumer Protection Act, by a ⁄3 yea-and-nay vote mittee on Transportation and Infrastructure: Full Com- of 357 yeas to 36 nays, Roll No. 127; mittee held a joint hearing entitled ‘‘TSA Oversight Pages H1548–51, H1556–57 Part III: Effective Security or Security Theater?’’. Business Risk Mitigation and Price Stabiliza- Testimony was heard from Christopher L. tion Act: H.R. 2682, amended, to provide end user McLaughlin, Assistant Administrator for Security exemptions from certain provisions of the Com- Operations, Transportation Security Administration; modity Exchange Act and the Securities Exchange Stephen Sadler, Assistant Administrator for Intel- Act of 1934, by a 2⁄3 yea-and-nay vote of 370 yeas ligence and Analysis, Transportation Security Ad- to 24 nays, Roll No. 128; and ministration; Rear Admiral Paul F. Zukunft, Assist- Pages H1551–53, H1557–58 ant Commandant for Marine Safety, Security and

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Committee on Rules: Full Committee held a markup of Committee on Armed Services: To hold hearings to exam- H.R. 3309, the ‘‘Federal Communications Commis- ine U.S. Strategic Command and U.S. Cyber Command sion Process Reform Act of 2012’’. The Committee in review of the Defense Authorization request for fiscal granted, by voice vote, a structured rule providing year 2013 and the Future Years Defense Program; with one hour of general debate equally divided and con- the possibility of a closed session in SVC–217 following the open session, 9:30 a.m., SD–106. trolled by the chair and ranking minority member Subcommittee on Emerging Threats and Capabilities, of the Committee on Energy and Commerce. The to hold hearings to examine the Department of Defense’s rule waives all points of order against consideration role in implementation of the National Strategy for of the bill. The rule provides that the amendment Counterterrorism and the National Strategy to Combat in the nature of a substitute recommended by the Transnational Organized Crime in review of the Defense Committee on Energy and Commerce now printed Authorization request for fiscal year 2013 and the Future in the bill shall be considered as original text for the Years Defense Program, 2:30 p.m., SR–232A. purpose of amendment and shall be considered as Subcommittee on Airland, to hold a hearing to exam- read. The rule waives all points of order against the ine Army modernization in review of the Defense Author- amendment in the nature of a substitute. The rule ization request for fiscal year 2013 and the Future Years Defense Program, 3:30 p.m., SR–222. makes in order only those amendments printed in Committee on Banking, Housing, and Urban Affairs: Sub- the Rules Committee report accompanying the reso- committee on Housing, Transportation and Community lution. Each such amendment may be offered only in Development, to hold hearings to examine the choice the order printed in the report, may be offered only neighborhoods initiative, focusing on a new community by a Member designated in the report, shall be con- development model, 10:30 a.m., SD–538. sidered as read, shall be debatable for the time speci- Committee on Environment and Public Works: Sub- fied in the report equally divided and controlled by committee on Green Jobs and the New Economy, with the proponent and an opponent, shall not be subject the Subcommittee on Oversight, to hold a joint oversight to amendment, and shall not be subject to a demand hearing to examine the Environmental Protection Agen- for division of the question. The rule waives all cy’s (EPA) work with other Federal entities to reduce pol- lution and improve environmental performance, 10 a.m., points of order against the amendments printed in SD–406. the report. The rule provides one motion to recom- Committee on Finance: Subcommittee on Energy, Natural mit with or without instructions. Finally, the rule Resources, and Infrastructure, to hold hearings to examine provides that the Speaker may appoint Members to renewable energy tax incentives, focusing on how have perform the duties of the Chair for the duration of the recent and pending expirations of key incentives af- the period from March 29, 2012, through April 16, fected the renewable energy industry in the United 2012, as though under clause 8(a) of rule I. Testi- States, 2:45 p.m., SD–215. mony was heard from Representatives Walden (OR); Committee on Foreign Relations: Business meeting to con- Eshoo; Diaz-Balart; and Waters. sider S. Res. 356, expressing support for the people of Tibet, S. Res. 395, expressing the sense of the Senate in MISCELLANEOUS MEASURE support of the North Atlantic Treaty Organization and Committee on Rules: Full Committee, resolution ex- the NATO summit to be held in Chicago, Illinois from May 20 through 21, 2012, S. Res. 397, promoting peace pressing the gratitude of the Committee on Rules to and stability in Sudan, S. Res. 80, condemning the Gov- the Honorable John V. Sullivan, the fourth parlia- ernment of Iran for its state-sponsored persecution of its mentarian of the House of Representatives, on the Baha’i minority and its continued violation of the Inter- occasion of his retirement for his service to the Com- national Covenants on Human Rights, S. Res. 391, con- mittee, the House and the Nation. The Committee demning violence by the Government of Syria against agreed to the resolution. journalists, and expressing the sense of the Senate on free- dom of the press in Syria, S. Res. 344, supporting the democratic aspirations of the Nicaraguan people and call- Joint Meetings ing attention to the deterioration of constitutional order No joint committee meetings were held. in Nicaragua, the nominations of Julissa Reynoso, of New

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York, to be Ambassador to the Oriental Republic of Uru- March 28, Subcommittee on Department of Defense, to guay, Gina K. Abercrombie-Winstanley, of Ohio, to be hold hearings to examine Department of Defense health Ambassador to the Republic of Malta, Frederick D. Bar- programs, 10 a.m., SD–192. ton, of Maine, to be Assistant Secretary for Conflict and March 28, Subcommittee on Departments of Labor, Stabilization Operations, and to be Coordinator for Re- Health and Human Services, and Education, and Related construction and Stabilization, William E. Todd, of Vir- Agencies, to hold hearings to examine proposed budget ginia, to be Ambassador to the Kingdom of Cambodia, estimates for fiscal year 2013 for the National Institutes Pamela A. White, of Maine, to be Ambassador to the Re- of Health, 10 a.m., SD–124. public of Haiti, Linda Thomas-Greenfield, of Louisiana, March 28, Subcommittee on Military Construction and to be Director General of the Foreign Service, Carlos Veterans Affairs, and Related Agencies, to hold hearings Pascual, of the District of Columbia, to be Assistant Sec- to examine proposed budget estimates for fiscal year 2013 retary for Energy Resources, John Christopher Stevens, of for the Department of the Navy and the Department of California, to be Ambassador to Libya, Jacob Walles, of the Air Force, 10 a.m., SD–138. Delaware, to be Ambassador to the Tunisian Republic, March 28, Subcommittee on Commerce, Justice, Tracey Ann Jacobson, of the District of Columbia, to be Science, and Related Agencies, to hold hearings to exam- Ambassador to the Republic of Kosovo, Mark A. Pekala, ine proposed budget estimates for fiscal year 2013 for the of Maryland, to be Ambassador to the Republic of Latvia, National Aeronautics and Space Administration, 2 p.m., Richard B. Norland, of Iowa, to be Ambassador to Geor- SD–124. gia, Kenneth Merten, of Virginia, to be Ambassador to March 28, Subcommittee on Energy and Water Devel- the Republic of Croatia, and Jeffrey D. Levine, of Cali- opment, to hold hearings to examine proposed budget es- fornia, to be Ambassador to the Republic of Estonia, all timates for fiscal year 2013 for the Army Corps of Engi- of the Department of State, and Sara Margalit Aviel, of neers and Bureau of Reclamation, 2:30 p.m., SD–192. California, to be United States Alternate Executive Direc- March 28, Subcommittee on Financial Service and tor of the International Bank for Reconstruction and De- General Government, to hold hearings to examine en- velopment, and lists in the Foreign Service, 2:15 p.m., hancing economic growth, focusing on the Department of S–116, Capitol. the Treasury’s responses to the foreclosure crisis and Committee on the Judiciary: Subcommittee on Immigra- mounting student loan debt, 2:30 p.m., SD–138. tion, Refugees and Border Security, to hold hearings to examine the economic imperative for promoting inter- March 29, Subcommittee on Agriculture, Rural Devel- national travel to the United States, 10 a.m., SD–226. opment, Food and Drug Administration, and Related Select Committee on Intelligence: To hold closed hearings Agencies, to hold hearings to examine proposed budget to examine certain intelligence matters, 2:30 p.m., estimates for fiscal year 2013 for the Department of Agri- SVC–217. culture, 2 p.m., SD–192. Committee on Armed Services: March 27, to hold hearings Joint Meetings to examine U.S. Strategic Command and U.S. Cyber Command in review of the Defense Authorization request Joint Economic Committee: to hold hearings to examine for fiscal year 2013 and the Future Years Defense Pro- monetary policy going forward, focusing on why a sound gram; with the possibility of a closed session in SVC–217 dollar boosts growth and employment, 2 p.m., SH–216. following the open session, 9:30 a.m., SD–106. f March 27, Subcommittee on Emerging Threats and Capabilities, to hold hearings to examine the Department CONGRESSIONAL PROGRAM AHEAD of Defense’s role in implementation of the National Strat- egy for Counterterrorism and the National Strategy to Week of March 27 through March 30, 2012 Combat Transnational Organized Crime in review of the Defense Authorization request for fiscal year 2013 and Senate Chamber the Future Years Defense Program, 2:30 p.m., SR–232A. On Tuesday, at approximately 11 a.m., Senate will March 27, Subcommittee on Airland, to hold a hearing continue consideration of the motion to proceed to to examine Army modernization in review of the Defense consideration of S. 2204, Oil Tax Subsidies. Authorization request for fiscal year 2013 and the Future During the balance of the week, Senate may con- Years Defense Program, 3:30 p.m., SR–222. March 28, Subcommittee on SeaPower, to receive a sider any cleared legislative and executive business. closed briefing on the Ohio-class Replacement Program Senate Committees in review of the Defense Authorization request for fiscal year 2013 and the Future Years Defense Program, 9:30 (Committee meetings are open unless otherwise indicated) a.m., SVC–217. Committee on Appropriations: March 27, Subcommittee March 28, Subcommittee on Strategic Forces, to hold on Military Construction and Veterans Affairs, and Re- hearings to examine Department of Defense nuclear forces lated Agencies, to hold hearings to examine proposed and policies in review of the Defense Authorization re- budget estimates for fiscal year 2013 for the Department quest for fiscal year 2013 and the Future Years Defense of Defense and the Department of the Army, 10 a.m., Program; with the possibility of a closed session in SD–124. SVC–217 following the open session, 2:30 p.m., SR–222.

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March 29, Full Committee, to hold hearings to exam- tion of the International Covenants on Human Rights, S. ine the nominations of Frank Kendall III, of Virginia, to Res. 391, condemning violence by the Government of be Under Secretary for Acquisition, Technology, and Lo- Syria against journalists, and expressing the sense of the gistics, James N. Miller, Jr., of Virginia, to be Under Senate on freedom of the press in Syria, S. Res. 344, sup- Secretary for Policy, Erin C. Conaton, of the District of porting the democratic aspirations of the Nicaraguan peo- Columbia, to be Under Secretary for Personnel and Read- ple and calling attention to the deterioration of constitu- iness, Jessica Lynn Wright, of Pennsylvania, and tional order in Nicaragua, the nominations of Julissa Katharina G. McFarland, of Virginia, both to be an As- Reynoso, of New York, to be Ambassador to the Oriental sistant Secretary, and Heidi Shyu, of California, to be an Republic of Uruguay, Gina K. Abercrombie-Winstanley, Assistant Secretary of the Army, all of the Department of of Ohio, to be Ambassador to the Republic of Malta, Defense, 9:30 a.m., SD–G50. Frederick D. Barton, of Maine, to be Assistant Secretary Committee on Banking, Housing, and Urban Affairs: for Conflict and Stabilization Operations, and to be Coor- March 27, Subcommittee on Housing, Transportation and dinator for Reconstruction and Stabilization, William E. Community Development, to hold hearings to examine Todd, of Virginia, to be Ambassador to the Kingdom of the choice neighborhoods initiative, focusing on a new Cambodia, Pamela A. White, of Maine, to be Ambassador community development model, 10:30 a.m., SD–538. to the Republic of Haiti, Linda Thomas-Greenfield, of March 28, Subcommittee on Economic Policy, to hold Louisiana, to be Director General of the Foreign Service, hearings to examine retirement, focusing on examining Carlos Pascual, of the District of Columbia, to be Assist- the retirement savings deficit, 2:30 p.m., SD–538. ant Secretary for Energy Resources, John Christopher Ste- March 29, Full Committee, business meeting to con- vens, of California, to be Ambassador to Libya, Jacob sider the nominations of Jerome H. Powell, of Maryland, Walles, of Delaware, to be Ambassador to the Tunisian and Jeremy C. Stein, of Massachusetts, both to be a Republic, Tracey Ann Jacobson, of the District of Colum- Member of the Board of Governors of the Federal Reserve bia, to be Ambassador to the Republic of Kosovo, Mark System, Jeremiah O’Hear Norton, of Virginia, to be a A. Pekala, of Maryland, to be Ambassador to the Repub- Member of the Board of Directors of the Federal Deposit lic of Latvia, Richard B. Norland, of Iowa, to be Ambas- Insurance Corporation, and Richard B. Berner, of Massa- sador to Georgia, Kenneth Merten, of Virginia, to be chusetts, to be Director, Office of Financial Research, and Ambassador to the Republic of Croatia, and Jeffrey D. Christy L. Romero, of Virginia, to be Special Inspector Levine, of California, to be Ambassador to the Republic General for the Troubled Asset Relief Program, both of of Estonia, all of the Department of State, and Sara the Department of the Treasury; to be immediately fol- Margalit Aviel, of California, to be United States Alter- lowed by a hearing to examine developing the framework nate Executive Director of the International Bank for Re- for safe and efficient mobile payments, 10 a.m., SD–538. construction and Development, and lists in the Foreign Committee on Commerce, Science, and Transportation: March Service, 2:15 p.m., S–116, Capitol. 28, to hold hearings to examine the science and standards March 28, Full Committee, to hold hearings to exam- of forensics, 2:30 p.m., SR–253. ine United States policy on Iran, 10 a.m., SD–419. Committee on Energy and Natural Resources: March 29, to March 29, Subcommittee on African Affairs, to hold hold hearings to examine current and near-term future hearings to examine Nigeria, focusing on security, gov- price expectations and trends for motor gasoline and other ernance, and trade, 2:15 p.m., SD–419. refined petroleum fuels, 9:30 a.m., SD–366. Committee on Health, Education, Labor, and Pensions: Committee on Environment and Public Works: March 27, March 29, to hold hearings to examine Food and Drug Subcommittee on Green Jobs and the New Economy, Administration (FDA) user fee agreements, focusing on with the Subcommittee on Oversight, to hold a joint strengthening FDA and the medical products industry for oversight hearing to examine the Environmental Protec- the benefit of patients, 10 a.m., SH–216. tion Agency’s (EPA) work with other Federal entities to Committee on Homeland Security and Governmental Affairs: reduce pollution and improve environmental performance, March 28, Subcommittee on Federal Financial Manage- 10 a.m., SD–406. ment, Government Information, Federal Services, and Committee on Finance: March 27, Subcommittee on En- International Security, to hold hearings to examine assess- ergy, Natural Resources, and Infrastructure, to hold hear- ing efforts to combat waste and fraud in Federal pro- ings to examine renewable energy tax incentives, focusing grams, 2:30 p.m., SD–342. on how have the recent and pending expirations of key March 29, Ad Hoc Subcommittee on Contracting incentives affected the renewable energy industry in the Oversight, to hold hearings to examine contractors, focus- United States, 2:45 p.m., SD–215. ing on how much they are costing the government, 10 Committee on Foreign Relations: March 27, business meet- a.m., SD–342. ing to consider S. Res. 356, expressing support for the Committee on the Judiciary: March 27, Subcommittee on people of Tibet, S. Res. 395, expressing the sense of the Immigration, Refugees and Border Security, to hold hear- Senate in support of the North Atlantic Treaty Organiza- ings to examine the economic imperative for promoting tion and the NATO summit to be held in Chicago, Illi- international travel to the United States, 10 a.m., nois from May 20 through 21, 2012, S. Res. 397, pro- SD–226. moting peace and stability in Sudan, S. Res. 80, con- March 28, Full Committee, to hold hearings to exam- demning the Government of Iran for its state-sponsored ine the Special Counsel’s report on the prosecution of persecution of its Baha’i minority and its continued viola- Senator Ted Stevens, 10 a.m., SD–226.

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March 28, Full Committee, to hold hearings to exam- quest for the General Services Administration, 10 a.m., ine certain nominations, 2:30 p.m., SD–226. 2362–A Rayburn. March 29, Full Committee, business meeting to con- March 27, Subcommittee on Energy and Water Devel- sider S. 2159, to extend the authorization of the Drug- opment, and Related Agencies, hearing on FY 2013 Free Communities Support Program through fiscal year Budget Request for Energy Efficiency and Renewable En- 2017, and the nominations of Richard Gary Taranto, of ergy, Fossil Energy, Electricity Delivery and Energy Reli- Maryland, to be United States Circuit Judge for the Fed- ability, 10 a.m., 2362–B Rayburn. eral Circuit, William J. Kayatta, Jr., of Maine, to be March 27, Subcommittee on Legislative Branch, hear- United States Circuit Judge for the First Circuit, Robin ing on FY 2013 Budget Request for U.S. House of Rep- S. Rosenbaum, to be United States District Judge for the resentatives: Chief Administrative Officer; Clerk of the Southern District of Florida, Gershwin A. Drain, to be House; and Sergeant at Arms, 10 a.m., HT–2 Capitol. United States District Judge for the Eastern District of March 27, Subcommittee on State Foreign Operations, Michigan, John Thomas Fowlkes, Jr., to be United States and Related Programs, hearing on FY 2013 Budget Re- District Judge for the Western District of Tennessee, quest for the Department of the Treasury, 10 a.m., 2359 Kevin McNulty, and Michael A. Shipp, both to be a United States District Judge for the District of New Jer- Rayburn. sey, Stephanie Marie Rose, to be United States District March 27, Subcommittee on Labor, Health and Human Judge for the Southern District of Iowa, and Gregory K. Services, Education, and Related Agencies, hearing on the Davis, to be United States Attorney for the Southern Dis- FY 2013 Budget for the Department of Education, K–12, trict of Mississippi, Department of Justice, 9:30 a.m., 10:30 a.m., 2358–C Rayburn. SD–226. March 27, Subcommittee on Interior, Environment, Committee on Rules and Administration: March 29, to and Related Agencies, hearing for American Indian and hold hearings to examine S. 2219, to amend the Federal Alaska Native Public Witnesses, 1 p.m., B–308 Rayburn. Election Campaign Act of 1971 to provide for additional March 27, Subcommittee on Financial Services and disclosure requirements for corporations, labor organiza- General Government, hearing on FY 2013 Budget Re- tions, Super PACs and other entities, 10 a.m., SR–301. quest National Drug Policy, 2 p.m., 2359 Rayburn. Committee on Small Business and Entrepreneurship: March March 28, Subcommittee on Commerce, Justice, 29, to hold hearings to examine the President’s proposed Science, and Related Agencies, hearing on American budget request for fiscal year 2013 for the Small Business Manufacturing and Job Repatriation, 9 a.m., 2362–B Administration, 10 a.m., SR–428A. Rayburn. Committee on Veterans’ Affairs: March 28, to hold hear- March 28, Subcommittee on Interior, Environment, ings to examine the nominations of Margaret Bartley, of and Related Agencies, hearing for American Indian and Maryland, and Coral Wong Pietsch, of Hawaii, both to Alaska Native Public Witnesses, 9:30 a.m., B–308 Ray- be a Judge of the United States Court of Appeals for Vet- burn. erans Claims, 9:45 a.m., SR–418. March 28, Subcommittee on Financial Services and Select Committee on Intelligence: March 27, to hold closed General Government, hearing on FY 2013 Budget Re- hearings to examine certain intelligence matters, 2:30 quest for Treasury, 10 a.m., 2359 Rayburn. p.m., SVC–217. March 28, Subcommittee on Labor, Health and Human March 29, Full Committee, to hold closed hearings to Services, Education, and Related Agencies, hearing on FY examine certain intelligence matters, 2:30 p.m., SH–219. 2013 Budget Request for Department of Labor, 10 a.m., House Committees 2358–C Rayburn. March 28, Subcommittee on Energy and Water Devel- Committee on Agriculture, March 27, Subcommittee on opment, and Related Agencies, hearing on FY 2013 Conservation, Energy, and Forestry, hearing entitled Budget Request for Bureau of Reclamation, 10 a.m., ‘‘U.S. Forest Service Land Management: Challenges and 2362–B Rayburn. Opportunities for Achieving Healthier National Forests’’, 10 a.m., 1300 Longworth. March 28, Subcommittee on Defense, hearing on FY March 28, Subcommittee on General Farm Commod- 2013 Budget Request for National Guard and U.S. Army ities and Risk Management, hearing on H.R. 3283, the Reserve, 10 a.m., H–140 Capitol. ‘‘Swap Jurisdiction Certainly Act’’; H.R. 1838, to repeal March 28, Financial Services and General Government, a provision of the Dodd-Frank Wall Street Reform and hearing on FY 2013 Budget Request for U.S. Judicial Consumer Protection Act prohibiting any Federal bailout Conference and U.S. Courts, 2 p.m., 2359 Rayburn. of swap dealers or participants; and the Swap Data Repos- March 28, Subcommittee on Energy and Water Devel- itory and Clearinghouse Indemnification Correction Act opment, and Related Agencies, hearing on FY 2013 of 2012, 10:30 a.m., 1300 Longworth. Budget Request for Loan Guarantee Program and Ad- Committee on Appropriations, March 27, Subcommittee vanced Research Projects Agency Energy, 2 p.m., 2362–A on Interior, Environment, and Related Agencies, hearing Rayburn. for American Indian and Alaska Native Public Witnesses, March 28, Subcommittee on Defense, hearing on FY 9:30 a.m., B–308 Rayburn. 2013 Budget Request for U.S. Pacific Command and U.S. March 27, Subcommittee on Financial Services and Forces—Korea, 2 p.m., H–140 Capitol. This is a closed General Government, hearing on FY 2013 Budget Re- hearing.

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March 29, Subcommittee on State, Foreign Operations, March 29, Subcommittee on Commerce, Manufac- and Related Programs, hearing on Security Challenges in turing, and Trade, hearing entitled ‘‘Balancing Privacy Latin America, 8:30 a.m., 2359 Rayburn. and Innovation: Does the President’s Proposal Tip the March 29, Subcommittee on Transportation, Housing Scale?’’, 10 a.m., 2123 Rayburn. and Urban Development, and Related Agencies, hearing Committee on Financial Services, March 27, Subcommittee on Department of Transportation and Housing and Urban on Domestic Monetary Policy and Technology, hearing Development Management Issues Panel, 10 a.m., 2358 entitled ‘‘Federal Reserve Aid to the Eurozone: Its Impact Rayburn. on the U.S. and the Dollar’’, 10 a.m., 2128 Rayburn. March 29, Subcommittee on Defense, hearing on FY March 27, Full Committee, markup of the ‘‘FHA 2013 Budget Request for Intelligence Community, 9 Emergency Fiscal Solvency Act of 2012’’; H.R. 2446, the a.m., H–405 Capitol. This is a closed hearing. ‘‘RESPA Home Warranty Clarification Act of 2011’’; March 29, Subcommittee on Labor, Health and Human H.R. 3283, the ‘‘Swap Jurisdiction Certainty Act’’; and Services, Education, and Related Agencies, hearing on FY H.R. 4235, the ‘‘Swap Data Repository and Clearing- 2013 Budget Issues for Public Witnesses, 9 a.m., 2358–C house Indemnification Correction Act of 2012’’, 1 p.m., Rayburn. 2128 Rayburn. March 29, Subcommittee on Military Construction, March 28, Subcommittee on Capital Markets and Gov- Veterans Affairs and Related Agencies, hearing on FY ernment Sponsored Enterprises, hearing entitled ‘‘Ac- 2013 Budget Request Pacific Command/Korea, 10:30 counting and Auditing Oversight: Pending Proposals and a.m., H–140 Capitol. Emerging Issues Confronting Regulators, Standard Setters Committee on Armed Services, March 27, Subcommittee and the Economy’’, 10 a.m., 2128 Rayburn. on Emerging Threats and Capabilities, hearing on under- March 28, Subcommittee on Oversight and Investiga- standing future irregular warfare challenges, 2 p.m., 2212 tions, hearing entitled ‘‘The Collapse of MF Global: Part Rayburn. 3’’, 2 p.m., 2128 Rayburn. March 27, Subcommittee on Tactical Air and Land March 29, Full Committee, hearing entitled ‘‘The Forces, hearing on Fiscal Year 2013 DOD Rotocraft Semi-Annual Report of the Consumer Financial Protec- Modernization Programs, 3 p.m., 2118 Rayburn. tion Bureau’’, 9:30 a.m., 2128 Rayburn. March 28, Full Committee, hearing on the security sit- Committee on Foreign Affairs, March 27, Subcommittee uation on the Korean Peninsula, 10 a.m., 2118 Rayburn. on Africa, Global Health, and Human Services, markup March 28, Subcommittee on Readiness, hearing on the of H.R. 1940, the ‘‘International Child Abduction Pre- Army and Marine Corps Materiel Reset, 2 p.m., 2212 vention and Return Act of 2011’’; H.R. 3605, the Global Rayburn. Online Freedom Act of 2011’’; and H.R. 4141, the March 29, Subcommittee on Seapower and Projection ‘‘International Food Assistance Improvement Act of Forces, hearing on oversight of U.S. Naval Vessel Acqui- sition Programs and Force Structure of the Department of 2012’’, 2 p.m., 2200 Rayburn. the Navy in the Fiscal Year 2013 National Defense Au- March 27, Subcommittee on Europe and Eurasia, hear- thorization Budget Request, 10 a.m., 2118 Rayburn. ing entitled ‘‘Creating Jobs: Economic Opportunities in March 29, Subcommittee on Readiness, hearing on Europe and Eurasia’’, 2 p.m., 2172 Rayburn. What is the Price of Energy Security: from Battlefields March 28, Full Committee, hearing entitled ‘‘Inves- to Bases, 11:30 a.m., 2212 Rayburn. tigating the Chinese Threat, Part One: Military and Eco- Committee on Education and the Workforce, March 27, Full nomic Aggression’’, 10 a.m., 2172 Rayburn. Committee, hearing entitled ‘‘Learning from the Upper March 28, Subcommittee on Oversight and Investiga- Big Branch Tragedy’’, 10 a.m., 2175 Rayburn. tions, hearing entitled ‘‘The Price of Public Diplomacy March 28, Full Committee, hearing entitled ‘‘Review- with China’’, 2:30 p.m., 2172 Rayburn. ing the President’s Fiscal Year 2013 Budget Proposal for March 29, Subcommittee on Africa, Global Health, the U.S. Department of Education’’, 10 a.m., 2175 Ray- and Human Rights, hearing entitled ‘‘Assessing China’s burn. Role and Influence in Africa’’, 2 p.m., 2172 Rayburn. Committee on Energy and Commerce, March 27, Sub- Committee on Homeland Security, March 27, Sub- committee on Oversight and Investigations, hearing enti- committee on Border and Maritime Security, markup of tled ‘‘IT Supply Chair Security: Review of Government H.R. 4251, the ‘‘SMART Port Security Act’’, 10 a.m., an Industry Efforts’’, 10 a.m., 2123 Rayburn. 311 Cannon. March 27, Subcommittee on Health, hearing entitled March 28, Full Committee, markup of H.R. 2179, to ‘‘Examining the Current State of Cosmetics’’, 10:15 a.m., amend title 49, United States Code, to direct the Assist- 2322 Rayburn. ant Secretary of Homeland Security (Transportation Secu- March 28, Subcommittee on Energy and Power, hear- rity Administration) to transfer unclaimed money recov- ing entitled ‘‘The American Energy Initiative: A Focus on ered at airport security checkpoints to United Service Or- Legislative Responses to Rising Gasoline Prices’’, 9:45 ganizations, Incorporated, and for other purposes; H.R. a.m., 2123 Rayburn. 2764, the ‘‘WMD Intelligence and Information Sharing March 28, Subcommittee on Communications and Act of 2011’’; H.R. 3140, the ‘‘Mass Transit Intelligence Technology, hearing entitled ‘‘Cybersecurity: Threats to Prioritization Act’’; and H.R. 3563, the ‘‘Alert and Communications Networks and Public-Sector Responses’’, Warning System Modernization Act of 2011’’, 10 a.m., 10 a.m., 2322 Rayburn. 311 Cannon.

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March 28, Subcommittee on Transportation Security, Committee on Oversight and Government Reform, March 27, hearing entitled ‘‘Rightsizing TSA Bureaucracy and Subcommittee on Federal Workforce, U.S. Postal Service Workforce Without Compromising Security’’, 2 p.m., and Labor Policy, hearing entitled ‘‘Can a USPS-run 311 Cannon. Health Plan Solve Its Financial Crisis?’’, 10 a.m., 2154 March 29, Subcommittee on Emergency Preparedness, Rayburn. Response, and Communications, hearing entitled ‘‘The March 27, Subcommittee on Technology, Information Fiscal Year 2013 Budget Request for the Department of Policy, Intergovernmental Relations and Procurement Re- Homeland Security’s Office of Health Affairs’’, 10 a.m., form, hearing entitled ‘‘Labor Abuses, Human Traf- 311 Cannon. ficking, and Government Contracts: Is the Government Committee on the Judiciary, March 27, Full Committee, Doing Enough to Protect Vulnerable Workers?’’, 10 a.m., markup of H.R. 3862, the ‘‘Sunshine for Regulatory De- 2247 Rayburn. crees and Settlements Act of 2012’’; and H.R. 2299, the March 29, Subcommittee on National Security, Home- ‘‘Child Interstate Abortion Notification Act’’, 10 a.m., land Defense, and Foreign Operations, hearing entitled 2141 Rayburn. ‘‘Are Changes in Security Policy Jeopardizing USAID Re- March 28, Subcommittee on Crime, Terrorism and construction Projects and Personnel in Afghanistan?’’, Homeland Security, markup of H.R. 4223, the ‘‘Safe 8:30 a.m., 2154 Rayburn. Doses Act’’; H.R. 3668, the ‘‘Counterfeit Drug Penalty Committee on Rules, March 27, Full Committee, hearing Enhancement Act of 2011’’; and H.R. 4216, the ‘‘Foreign on H. Con. Res. 112, ‘‘Concurrent Resolution on the Counterfeit Prevention Act’’, 10 a.m., 2141 Rayburn. Budget for Fiscal Year 2013’’, 2:30 p.m., H–313. March 28, Subcommittee on Immigration Policy and Committee on Science, Space, and Technology, March 27, Enforcement hearing entitled ‘‘Holiday on ICE: The U.S. Subcommittee on Technology and Innovation, hearing en- Department of Homeland Security’s New Immigration titled ‘‘Fostering the U.S. Competitive Edge: Examining Detention Standards’’, 1:30 p.m., 2141 Rayburn. the Effects of Federal Policies on Competition, Innova- March 29, Subcommittee on Intellectual Property, tion, and Job Growth’’, 10 a.m., 2318 Rayburn. Competition and the Internet, hearing on H.R. 1946, the March 28, Full Committee, hearing entitled ‘‘Securing ‘‘Preserving Our Hometown Independent Pharmacies Act the Promise of the International Space Station: Challenges of 2011’’, 9:30 a.m., 2141 Rayburn. and Opportunities’’, 9:30 a.m., 2318 Rayburn. Committee on Natural Resources, March 27, Full Com- March 28, Subcommittee on Energy and Environment, mittee, hearing entitled ‘‘Harnessing American Resources hearing entitled ‘‘To Observe and Protect: How NOAA to Create Jobs and Address Rising Gasoline Prices: Fam- Procures Data for Weather Forecasting’’, 2 p.m., 2318 ily Vacations and U.S. Tourism Industry’’, 10 a.m., 1324 Longworth. Rayburn. March 28, Full Committee, business meeting on a mo- March 29, Subcommittee on Investigations and Over- tion to authorize the Chairman to issue duces tecum sub- sight, hearing entitled ‘‘Federally Funded Research: Ex- poenas for the production of documents relating to inves- amining Public Access and Scholarly Publication Inter- tigations regarding: the Secretary of the Interior’s decision ests’’, 10 a.m., 2318 Rayburn. and the process to rewrite the 2008 Stream Buffer Zone Committee on Small Business, March 28, Full Committee, Rule under the Surface Mining Reclamation and Control hearing entitled ‘‘Large and Small Businesses: How Part- Act; and the process used in the preparation of a Depart- nerships Can Promote Job Growth’’, 1 p.m., 2360 Ray- ment of the Interior report on offshore oil and natural gas burn. operations under the Outer Continental Shelf Lands Act Committee on Transportation and Infrastructure, March 27, that implied that peer reviewers from the National Acad- Subcommittee on Water Resources and Environment, emy of Engineers had endorsed an offshore oil and natural hearing entitled ‘‘A Review of the President’s Fiscal Year gas drilling moratorium in the Gulf of Mexico, 10 a.m., 2013 Budget Request for the Army Corps of Engineers’’, 1324 Longworth. 10 a.m., 2167 Rayburn. March 29, Subcommittee on Fisheries, Wildlife, March 28, Subcommittee on Water Resources and En- Oceans and Insular Affairs, hearing on the following: vironment, hearing entitled ‘‘A Review of the President’s H.R. 1917, the ‘‘Joint Ventures for Bird Habitat Con- Fiscal Year 2013 Budget Request for the Environmental servation Act of 2011’’; H.R. 1960, the ‘‘North American Protection Agency’’, 10 a.m., 2167 Rayburn. Wetlands Conservation Extension Act 2011’’; and H.R. Committee on Veterans’ Affairs, March 27, Full Com- 3074, the ‘‘Cormorant Management and Natural Re- mittee, hearing entitled ‘‘From the Ground Up: Assessing sources Protection Act’’, 10 a.m., 1334 Longworth. Ongoing Delays in VA Major Construction’’, 10:30 a.m., March 29, Subcommittee on National Parks, Forests 334 Cannon. and Public Lands, hearing entitled ‘‘H.R. 1241, the ‘Rio March 28, Subcommittee on Disability and Memorial Grande del Norte National Conservation Area Establish- Affairs, hearing entitled ‘‘Reevaluating the Transition ment Act’ ’’; H.R. 1818, the ‘‘Mt. Andrea Lawrence Des- from Service Member to Veteran: Honoring a Shared ignation Act of 2011’’; H.R. 2984, the ‘‘Maine Coastal Commitment to Care for Those Who Defend Our Free- Islands Wilderness Act of 2011’’; and H.R. 4234, the dom’’, 10 a.m., 334 Cannon. ‘‘Grazing Improvement Act of 2012’’; 10 a.m., 1324 March 28, Subcommittee on Economic Opportunity, Longworth. markup of pending legislation, 2 p.m., 334 Cannon.

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March 29, Subcommittee on Disability and Memorial House Permanent Select Committee on Intelligence, March Affairs, hearing on the following: H.R. 4142, the ‘‘Amer- 27, Full Committee, hearing on ongoing intelligence ac- ican Heroes COLA Act’’; H.R. 4114, the ‘‘Veterans’ tivities, 9 a.m., HVC–304. This is a closed hearing. Compensation Cost-of-Living Adjustment Act of 2012’’; H.R. 2051, the ‘‘Veterans Missing in America Act of Joint Meetings 2011’’; H.R. 2498, the ‘‘Veterans Day Moment of Silence Act’’; H.R. 2377, the ‘‘Rating and Processing Individuals’ Joint Congressional Committee on Inaugural Ceremonies— Disability Claims Act’’; H.R. 2717, to direct the Sec- 2012: March 28, organizational business meeting to con- retary of Veterans Affairs to designate one city in the sider an original resolution authorizing expenditures for United States each year as an ‘American World War II committee operations and committee’s rules and proce- City’, and for other purposes; and H.R. 4168, the ‘‘Car- dure for the 112th Congress, 10:30 a.m., S–216, Capitol. ing for the Fallen Act’’, 10 a.m., 340 Cannon. Joint Economic Committee: March 27, to hold hearings to Committee on Ways and Means, March 29, Subcommittee examine monetary policy going forward, focusing on why on Health, hearing on individual and employer mandates a sound dollar boosts growth and employment, 2 p.m., in the Democrats’ health care law, 9 a.m., 1100 Long- SH–216. worth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, March 27 10 a.m., Tuesday, March 27

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the Senate morning business (not to extend beyond one hour) Senate Amendment to H.R. 3606—Jumpstart Our Business will continue consideration of the motion to proceed to Startups Act, under suspension of the Rules. Consider- consideration of S. 2204, Oil Tax Subsidies. ation of H.R. 3309—Federal Communications Commis- (Senate will recess at 12:30 p.m. subject to the call of the sion Process Reform Act of 2012 (Subject to a Rule). Chair for their respective party conferences and the official photo- graph of the 112th Congress.)

Extensions of Remarks, as inserted in this issue

HOUSE Israel, Steve, N.Y., E437, E442 Sablan, Gregorio Kilili Camacho, Northern Mariana Jackson, Jesse L., Jr., Ill., E441 Islands, E441 Brown, Corrine, Fla., E442 McDermott, Jim, Wash., E440 Scott, Robert C. ‘‘Bobby’’, Va., E443 Carnahan, Russ, Mo., E438 McMorris Rodgers, Cathy, Wash., E443 Shimkus, John, Ill., E437, E438, E439, E441 Coffman, Mike, Colo., E440 Matsui, Doris O., Calif., E443 Smith, Lamar, Tex., E437 Costa, Jim, Calif., E437, E440 Murphy, Christopher S., Conn., E440 Turner, Robert L., N.Y., E437 DeLauro, Rosa L., Conn., E438 Denham, Jeff, Calif., E438, E439, E440, E441, E442 Reyes, Silvestre, Tex., E439 Van Hollen, Chris, Md., E439, E442

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