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, THURSDAY, FEBRUARY 2, 2012 No. 17 House of Representatives The House met at 10 a.m. and was growth in areas that are traditionally they opened a food cooperative that called to order by the Speaker pro tem- overlooked by conventional capital features local farmers and employs pore (Mr. POE of Texas). markets. This program attracts capital neighborhood residents. f to low-income communities by pro- Finally, let me highlight a more re- viding private investors with a 39 per- cent New Markets project that’s cur- DESIGNATION OF SPEAKER PRO cent Federal tax credit for investments rently under construction, the Massa- TEMPORE made in businesses or economic devel- chusetts Green High Performance Com- The SPEAKER pro tempore laid be- opments located in those areas. puting Center in Holyoke, Massachu- fore the House the following commu- In 2010, New Markets generated $9.5 setts. Holyoke is a city in western Mas- nication from the Speaker: billion in capital for projects and busi- sachusetts with a population of about WASHINGTON, DC, nesses in low-income communities. 40,000 people. From the late 19th cen- February 2, 2012. This capital resulted in the develop- tury until the mid-20th century, Hol- I hereby appoint the Honorable TED POE to ment of 15 million square feet of manu- yoke was known as the world’s biggest act as Speaker pro tempore on this day. facturing, retail, and community-re- paper manufacturer. JOHN A. BOEHNER, The High Performance Computing Speaker of the House of Representatives. lated space throughout the country. Last year, New Markets Tax Credits Center is a $168 million technology hub f investments resulted in the creation or that is being built at the former MORNING-HOUR DEBATE retention of 70,000 jobs, including 38,000 Mastex Industries site on Bigelow construction jobs. Street in the heart of Holyoke. Con- The SPEAKER pro tempore. Pursu- struction of the center began in the fall ant to the order of the House of Janu- Unfortunately, New Markets is a temporary program that expired on De- of 2010; and the two-story, 90,000 square ary 17, 2012, the Chair will now recog- foot complex is expected to be com- nize Members from lists submitted by cember 31. I am now and have been the lead Democratic sponsor of this legisla- pleted next year. the majority and minority leaders for This facility will be New England’s tion to extend the program for a pre- morning-hour debate. first high performance computing cen- dictable 5 years. I’ve now been calling The Chair will alternate recognition ter. It will feature computers with high on our colleagues to extend this initia- between the parties, with each party speed and the capacity to process ex- tive. So let me share with you a few limited to 1 hour and each Member traordinary amounts of data. When it’s successes from back home and explain other than the majority and minority complete, it will be among the 500 most why I think New Markets works so leaders and the minority whip limited powerful computer centers in the well. to 5 minutes each, but in no event shall world. debate continue beyond 11:50 a.m. Hot Mama’s Foods in Springfield, The Holyoke Center is a partnership Massachusetts, my hometown—it’s a f between local universities—University great success story. The company was NEW MARKETS TAX CREDIT of Massachusetts, Harvard, MIT, Bos- created in the 1980s, and they manufac- ton University, Northeastern Univer- The SPEAKER pro tempore. The ture and package fresh and frozen gour- sity—and two private sector compa- Chair recognizes the gentleman from met salsa and other spreads that are nies: the EMC Corporation, based in Massachusetts (Mr. NEAL) for 5 min- all natural and, indeed, organic. Hot Hopkinton, and Cisco Systems. utes. Mama’s was originally located in The center also received a $14.5 mil- Mr. NEAL. I rise today to speak Northampton, but thanks to New Mar- lion New Market Tax Credit allocation, about the New Markets Tax Credit pro- kets, they were able to purchase a larg- which is the critical component to fi- gram and the positive impact it has er USDA-certified food production fa- nancing this important project. had on western Massachusetts. cility on Avocado Street in Springfield. I believe the Holyoke Center will be a I’ve been a leader of New Markets It has added 10 new jobs and retained 50 catalyst for economic development in since its enactment in 2000 because it’s jobs in the current workforce. Holyoke and in western Massachusetts. a cost-effective way to create jobs and Another success story is the River It will employ 13 permanent jobs and drive investment in low-income com- Valley Market in Northampton, Massa- 130 research positions at various uni- munities. Today, I want to highlight a chusetts, which moved into a former versities. It is expected to create 600 few New Market Tax Credit initiatives granite quarry. No one wanted this construction jobs. in my State. space because it was prohibitively ex- Without New Markets and the leader- New Markets Tax Credit is designed pensive to renovate; but through New ship that I’ve tried to offer in this pro- to stimulate investment and economic Markets and other financial support, gram, Hot Mama’s Foods, River Valley

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 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.000 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H378 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Market, and the Green High Perform- many times to put much confidence in he chose combat even when he had ance Computing Center probably would a single statement. What I’ve heard so been offered safe and honorable service not have been possible. New Markets is far is a little too vague to take to the at home. a good example of how public and pri- bank, especially since Secretary Pa- What did he sacrifice in order to give vate investment can be used to spur netta maintains that some troops our country a little more security and community and economic revitaliza- would still remain through 2014 in an to give another country a fleeting tion. advisory role and that the commander chance at redemption? I hope that we will stop wasting on the ground, just this morning, is re- He had everything in the world to time, and with the other tax extenders ported on the news as sounding less live for. He was engaged to be married that have to get taken care of, we will than enthusiastic in his response. to a devoted young lady named Court- include an extension of the New Mar- What I’d like to hear, perhaps in con- ney Gold. Courtney said, ‘‘We had life kets Tax Credit program as quickly as junction with Secretary Clinton and in the grasp of our hands, and we were possible. the head of USAID, is that, as our mili- ready to take on the world.’’ They f tary role recedes, we will use all the ci- would have. She had already picked out vilian tools at our disposal to improve her wedding dress. There is a picture of WHO CARES FOR THE POOR? the lives of the Afghan people, because her wearing that dress. It’s in Victor’s The SPEAKER pro tempore. The the real challenge and the best way to casket. Chair recognizes the gentleman from advance our national security interests Victor was one of those sunny per- Michigan (Mr. MCCOTTER) for 5 min- is to eliminate the crushing poverty sonalities who lifted the spirits of ev- utes. and to address the overwhelming hu- eryone around him. That’s the recur- Mr. MCCOTTER. Mr. Speaker, today manitarian need in Afghanistan. ring theme in all of the recollections of we endure much discussion about who That is what’s at the heart of my everyone who knew him. They’d be most cares for our poor. Some measure SMART Security proposal. Instead of feeling down, and Victor would lift their compassion by spending their military force, instead of unmanned, them up. I didn’t know him, but I think own money; some measure their com- amoral drones that don’t know the dif- I caught a glimpse of him in his little passion by spending other people’s ference between killing an insurgent brother, Kyle. At the funeral reception money. Yet compassion for the poor’s and killing a child, how about we send last year, I found Kyle sitting at a true measure is premised upon this American compassion to Afghanistan? table with his friends. When I went to fact: You cannot empower a person by How about we send our very best ex- offer my condolences, one of his friends making them dependent, be it upon perts in education, health care, energy, said, ‘‘You know, we came to cheer him charity or be it upon bureaucracy. agriculture, legal reform, government up, and instead, he’s been cheering us Thus, let us strive to emancipate our transparency, and whatever else we up.’’ poor from dependency’s nightmare so have to offer that they may want to Victor lives on in the lives of those that our suffering brothers and sisters learn from? he touched, and he touched quite a few. may rise in self-reliance and awaken to Even if Secretary Panetta sticks to He is remembered in his community as the American Dream. this timetable, under the best case sce- a faithful friend and as an inspiring f nario, we have another 500 or so morn- teacher. Before he’d enlisted, he’d al- ings and perhaps another Groundhog ready become a popular martial arts HOW MANY MORE GROUNDHOG Day ahead of us, at least 500 more days instructor at a local dojo. Some of his DAYS IN AFGHANISTAN? of the same old, same old—Americans students—and some of them a lot older The SPEAKER pro tempore. The dying on a mission that is not making than he—came to his service that day. Chair recognizes the gentlewoman from America safer or Afghanistan freer. It has now been over a year since he California (Ms. WOOLSEY) for 5 min- The time has come. In fact, it came a returned to Granite Bay. In that year, utes. long time ago. Let’s make tomorrow he would have celebrated his 21st birth- Ms. WOOLSEY. Mr. Speaker, it’s different from the thousands of days day. He would have returned safely Groundhog Day. Phil saw his shadow that preceded it. Let’s end the war in home with his unit. He would have this morning, and winter will last 6 Afghanistan now and finally bring our been married. And as Courtney said, he more weeks. troops home. would have taken on the world. In- But what comes to mind for me is f stead, he rests in an honored grave. His that old Bill Murray movie called family does what every Gold Star fam- USMC PRIVATE FIRST CLASS ‘‘Groundhog Day,’’ where he wakes up ily does—they cope with their grief VICTOR DEW and the same thing happens day after with a mixture of fond memories and day after day. We’re living our own The SPEAKER pro tempore. The faith but, most of all, of pride for the version of ‘‘Groundhog Day’’ right now, Chair recognizes the gentleman from life of their son. because every morning, for the last California (Mr. MCCLINTOCK) for 5 min- There are many graves in that ceme- 3,700-plus mornings, the American peo- utes. tery that are etched with lifetimes ple have woken to a Nation at war. Mr. MCCLINTOCK. Mr. Speaker, much longer than the 20 years recorded today I have introduced a bill to name on Victor’s, but none of them comes b 1010 the United States Post Office in Gran- close to his in this most important re- Every morning, we’ve woken up to ite Bay, California, in honor of United spect: what they did with those years. the same scenario—thousands and States Marine Corps Private First The most iconic work of art on the Ti- thousands of our fellow Americans in Class Victor Dew. tanic was a great carving that depicted harm’s way, occupying a foreign nation This young man was only 20 years old Honor and Glory crowning Time. Vic- as part of a reckless policy that is cost- when he left his family and friends in tor Dew’s time may have been short in ing us at least $10 billion a month. late September of 2010 for Helmand this world, but he crowned that time There was some encouraging news, Province, Afghanistan. Just 3 weeks with honor and glory that the rest of however, just yesterday as Secretary of later, on October 13, Private Dew was us can only marvel at. Defense Panetta said that our combat killed in action when his convoy was Every morning since he was 12 years role in Afghanistan would be over as ambushed. old, Victor Dew awoke under a Marine soon as the middle of next year, which Victor grew up dreaming of becoming Corps banner over his bed that was em- is a year earlier than we’ve been talk- a marine. He loved military history. He blazoned with the words ‘‘Semper ing about. That would be a long over- was fully aware of the mortal dangers Fidelis.’’ In his life, we can see the full due but welcome development, a be- he would face. Yet, when he was offered measure of those words. Every day in lated recognition that this war is doing a posting to a ceremonial position this majestic Capitol, we walk in the more harm than good in every way stateside, he turned it down. He be- footsteps of the giants of our Nation’s we’re involved. lieved his duty and destiny was to keep history. The oratory of Henry Clay and I’ll believe it when I see it, though. the fight away from our shores, away Daniel Webster still echoes through The goalposts have been moved too from his family and his country, and so these Halls. At arm’s reach of where I

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.002 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H379 stand right now once spoke Franklin During all of this time, she was in- emcee of the show said to me: I’m com- Roosevelt and Ronald Reagan, Douglas volved in civic affairs and professional ing around to your thinking. It is time MacArthur and Winston Churchill. Yet, activities too numerous to mention, to get out of Afghanistan. We are in their long and illustrious lives, not giving speeches, lectures, consulting spending $10 billion a month in Afghan- one could claim to have sacrificed with people throughout her beloved Pa- istan. Let’s say that we start bringing more for his country than these young cific Northwest and around America. them home this year in 2012, at least men like Victor Dew. During the last 10 years, she served start the process of bringing them Lincoln was right that no meager on Oregon’s transportation commis- home. The host said: I guess if we did words of ours can add or detract from sion, the last term as its chair where that, we would save at least probably their deeds. But Shakespeare was also she guided some of the most innovative $240 billion in a 2-year period of time. If right that their story should the good approaches in the Nation to our trans- they are proposing cuts of $490 billion man teach his son. portation infrastructure challenges. in next year’s budget for the Depart- For that reason, I am proud to join a Her work and leadership helped spark ment of Defense and we save $240 bil- unanimous delegation from California Oregon’s economy and community re- lion, then we are almost cutting in half in proposing that the post office in the vitalization. what we are going to require of the town where Victor Dew lived and loved She also won environmental and military. I said, You’re exactly right. and returned as a fallen hero be named civic awards. The last I witnessed was Not only did I hear this from a talk- in his honor. a few months ago from the pedestrian show host, but I hear it throughout the community because of her leadership eastern part of the State that I have f and understanding of a transportation the privilege to represent. IN HONOR OF GAIL ACHTERMAN system that worked for everybody: I hope that Mr. Panetta, who I have The SPEAKER pro tempore. The truckers, railroad, bikes, and pedes- a lot of respect for, will keep to that Chair recognizes the gentleman from trians. 2013 timeframe. I share with Ms. WOOL- Oregon (Mr. BLUMENAUER) for 5 min- She was part of our celebration last SEY that I don’t trust it, and it has utes. summer of the 25th anniversary of the nothing to do with the person. I want Mr. BLUMENAUER. Oregon lost an Columbia River Gorge National Scenic to make that clear. He is an honorable amazing pioneer with the death of Gail Act in recognition of the role she man, but there are too many factors Achterman last weekend. At the mo- helped play in drafting Senator Mark that are planned into this issue of stay- ment Gail was drawing her last breath, Hatfield’s legislation that led to the ing in Afghanistan. There are too many this remarkable woman’s husband, protection of this priceless national people that sadly are making money on Chuck McGinnis, was telling me the treasure. war. I won’t get into that because I At the time of her passing, Gail had story of how she had won his heart as don’t have enough time. been focusing her attention on the fu- As the host said to me today, if we he listened to her give a lecture on the ture of the Willamette River Valley would just spend money on the defense Taylor Grazing Act. and the need for a comprehensive ap- of America instead of building empires That tells you all you need to know, proach to its needs and opportunities. around the world, we probably would actually, about both of them: that her Even in her last month, Gail’s vision save a lot of money and we would have lecture on an obscure Federal law and commitment and insight were fo- a strong defense, which we need. could spark a whirlwind romance and a cused on the big picture. But every- That brings me to this poster. I have marriage of over 30 years. That is part thing about Gail seemed to be big pic- a book called ‘‘The Three Trillion Dol- of what made Gail such a remarkable ture and larger than life, whether row- lar War’’ that was written by a Nobel woman. A three-sport letterwoman at ing on the river, cross-country skiing, Prize winner in economics named Dr. Stanford University—in basketball, in the gym exercising, or presiding Joe Stiglitz. His coauthor Linda track, and swimming. An accomplished over a public hearing. Passion, focus, Bilmes is an economics professor at lawyer, public policy analyst, civic vol- commitment, and the joy of getting a Harvard. They testified a year ago be- unteer par excellence, and more. job done well were her signature char- fore the Veterans Health Committee. I Each of the many roles she played acteristics. It was always part of that do not serve on that committee, but during her too-short life but stellar bigger picture, especially of land use Mr. FILNER at the time was chairman. four-decade career were characterized and transportation, and water for our Now Mr. MILLER is chairman because by her insight, drive, comprehensive future. Republicans are in the majority. view of the world, and commitment to She epitomized the strength of Or- As they finished their discussion, excellence. She was a pioneer in every egon public policy, understanding how they were saying that if they wrote the sense of the word—from big-time wom- the pieces fit together and then trans- book today—this was written 5 years en’s athletics to being the first woman lating that knowledge to others in a ago—the title would go from the ‘‘The to chair Oregon’s transportation com- very understated, but powerful, way Three Trillion Dollar War’’ to ‘‘The mission. She was not just breaking and ultimately helping find its way Five Trillion Dollar War.’’ That is ground for women but being a leader into public policy and action. what it is going to cost to take care of and a role model for anyone who want- She was an extraordinary daughter of our young men and women. ed to both excel and make a difference. Oregon. She will be missed by all who The poster to my left is a young Oregon was fortunate to have her as knew her and appreciated her for the Army sergeant, who has lost both legs one of America’s finest natural re- difference she made for generations to and an arm, with his wife going into a sources lawyers, practicing in Portland come. new apartment. I have seen four young at one of the State’s largest law firms, f men at Walter Reed that have no parts Stoel Rives. She rose to become a part- below their waist and they are living. ner in the firm, leaving for 4 years to AFGHANISTAN God bless them, and I hope they have a become the Governor’s senior adviser The SPEAKER pro tempore (Mr. good life. I don’t know. I cannot make on natural resources and helping to THOMPSON of Pennsylvania). The Chair that judgment. I know one thing: Uncle navigate some of Oregon’s most dif- recognizes the gentleman from North Sam, you’re going to have to spend a ficult challenges in the 1980s. Carolina (Mr. JONES) for 5 minutes. lot of money to take care of those Mr. JONES. Mr. Speaker, today I’ve young men because they earned it. b 1020 heard Ms. WOOLSEY and Mr. MCCLIN- They earned it because of our failed What for most people would have TOCK talk about the war in Afghani- policies in Iraq and Afghanistan. been at the very height of her career, stan, and it kind of reminds me this It is my hope that sometime this she left the law firm to retire to lead morning about 8 o’clock I did a call-in spring, in a bipartisan way, we will the Deschutes River Conservancy in show down in my district, Jackson- have an amendment on the floor that central Oregon and then in 2003 to be- ville, North Carolina, the home of the House will pass and it will say: you come director of the Institute of Nat- Camp Lejeune Marine base. need to start bringing our troops home ural Resources at Oregon State Univer- The topic of the call-in show was pro- beginning the end of 2012 because the sity. posed budget cuts to our military. The process will take a long time.

VerDate Mar 15 2010 04:35 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.003 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H380 CONGRESSIONAL RECORD — HOUSE February 2, 2012 In closing, as I always do, I have day, he notified the Department of Jus- slaughter. Even Washington insiders signed over 10,000 letters to families tice that the murder weapon was from responsible for Fast and Furious can- who have lost loved ones in Afghani- Fast and Furious. Imagine that. Hold- not hide from the long arm of Amer- stan and Iraq because I was not strong er’s staff member implied that he ican justice because, Mr. Speaker, jus- enough to vote my conscience on the alerted the Attorney General. tice is what we do in this country. request by the Bush administration to So who knew what and when? The And that’s just the way it is. go into Iraq. I have asked God to for- Attorney General apparently knew not f give me by signing these letters, and I days or months but hours after that RELIGIOUS FREEDOMS UNDER think He has forgiven me. murder occurred. Did he, the Attorney ATTACK God, please continue to bless our men General, know about this operation? and women in uniform. God, continue Did he approve it? In any event, the The SPEAKER pro tempore. The to bless the families of our men and Attorney General should resign be- Chair recognizes the gentleman from women in uniform. God, in Your loving cause it all happened under his watch. Illinois (Mr. SCHILLING) for 5 minutes. arms hold the families who have given He is the one in charge of the Justice Mr. SCHILLING. As we all know, Mr. a child dying for freedom in Afghani- Department. Speaker, last week was the March for stan and Iraq. God, please bless the When he appeared before the House Life here in Washington. Now, as a fa- House and Senate, that we will do what Judiciary Committee in December, the ther of 10, life is a big issue in my is right in Your eyes for this country. Attorney General also told me that he house. It’s a big issue in other homes God, please continue to bless the leader did not know who in his department and businesses throughout the United of our country. Let him know that he was responsible for making the deci- States. Thousands of Americans, in- is doing what is right in Your eyes. sion of Operation Fast and Furious. So cluding some residents of my district, Three times I ask God, please, God, is the Attorney General now claiming traveled from all corners of the coun- please, God, please continue to bless there is a rogue operation of moles in try last week to express their support America. the Department of Justice that author- for the right to life for each human f ized and carried out these smuggling being, to express the desire and passion missions? We want to find out. they have for the born and the unborn. FAST AND FURIOUS AND JUSTICE To coin a phrase from then Senator Just a couple of days later, on Sun- DEPARTMENT STONEWALLING Hillary Clinton on another subject, the day morning, once we had all returned The SPEAKER pro tempore. The fact that he did not know about this to Illinois, my family and I headed off Chair recognizes the gentleman from massive operation requires a ‘‘willing to church, as we normally do. We sat in Texas (Mr. POE) for 5 minutes. suspension of disbelief.’’ the pew and listened to the priest’s Mr. POE of Texas. Mr. Speaker, when The Attorney General is the chief homily. He read us a letter written by most people think of smuggling, they lawyer and law enforcement officer in the Bishop of the Diocese of Peoria: envision outlaws recklessly sneaking the country. Whoever did know about ‘‘In the history of the United States, guns, contraband, and money to other this and approved it may have violated Friday, January 20, 2012, will certainly outlaws. U.S. or international law. They need to stand out as a moment of enormous Most people would never imagine be held accountable even if it means peril for religious liberty,’’ the letter that the government of the greatest somebody goes to jail. But that is not reads, referring to the date the Depart- Nation in the world would be engaged the case. ment of Health and Human Services in helping a criminal smuggling oper- The rogue criminals responsible for announced that religious organizations ation by sending guns and money to carrying out Fast and Furious still will be forced to provide employees narcoterrorists south of our border. work in the Justice Department. These with insurance programs that provide No, this isn’t a Hollywood movie. Un- individuals have not been fired or abortifacients, contraceptive services, fortunately, this has become a reality criminally prosecuted for their reck- and sterilization. in Washington, D.C. less actions. Some have actually been The letter continues: promoted or transferred. It all looks ‘‘If these regulations are put into ef- b 1030 like an organized, deceitful attempt to fect, they could close down every The Justice Department, with the aid hide the stench of Fast and Furious Catholic school, hospital, and other of the ATF, facilitated the smuggling from the American people. public ministries of our church, which of over 2,000 weapons to the drug car- Apparently, the Department of Jus- is perhaps their underlying intention. tels south of the border—the national tice believes in order to catch a crimi- What is perfectly clear is that this is a enemy in Mexico. Reports indicate nal, you have to be like a criminal. We bigoted and blatant attack on the First those weapons were used to kill at need an independent special counsel Amendment rights of every Catholic least 200 Mexican nationals and two appointed by the President to inves- believer. Under no circumstances, how- U.S. law enforcement agents. tigate the Justice Department and the ever, will our church ever abandon our The Justice Department appears to ATF. unshakable commitment to the gospel have gone wild. Instead of enforcing The Department of Justice cannot be of life.’’ the law, rogue operatives in the De- trusted to investigate themselves be- I later learned that this was one of partment of Justice seemed to be reck- cause the agency has lost credibility on more than 120 letters that bishops had lessly encouraging violations of law. this issue. The DOJ has stonewalled read from the pulpit at masses across Who’s responsible for this conduct? providing information to Congress. If the United States. Over a year has gone by since the the DOJ has nothing to hide, why do The letter written by the Bishop of murder of Brian Terry, border agent, they keep hiding information from us? Marquette reads: and we still don’t know who was in The Justice Department has to be re- ‘‘The Federal Government, which charge. Brian Terry was murdered by moved from investigating Fast and Fu- claims to be ‘of, by, and for the people,’ one of those Fast and Furious guns. rious. Otherwise, Mr. Speaker, this has just dealt a heavy blow to almost a The Attorney General said he was un- would look like a bunch of burglars sit- quarter of those people—the Catholic aware of Fast and Furious. He claims ting on a jury trying a burglary case. population—and to the millions more that he either didn’t get the memo, or That would sort of look bad; wouldn’t who are served by the Catholic faith- maybe he didn’t read the memo. it? ful.’’ Well, according to the latest of group People died in this reckless, mis- It later says: of emails sent over to Congress, he did guided operation. We owe it to the ‘‘Our parents and grandparents did get the email. According to emails sent American people and the people of not come to these shores to help build to Congress Friday night, Arizona U.S. Mexico to get to the bottom of this. America’s cities and towns, its infra- Attorney Dennis Burke notified Eric In many States when a person com- structure and institutions, its enter- Holder’s deputy chief of staff—via mits an offense, if he recklessly causes prise and culture only to have their email—about Brian Terry’s murder the death of an individual, the defini- posterity stripped of their God-given hours after it happened. Later that tion of that offense is called man- rights.’’

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.006 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H381 Like many of my Catholic brothers Inspired by the memory of his father, with opportunity—when you take op- and sisters, I do not believe it is the Jock developed his oratorical and aca- portunity—and with so many re- government’s business to target reli- demic gifts. He graduated with honors sources. Jock lived life by his favorite gion and require that its believers vio- from Tuskegee University and then quote that he always would say: ‘‘Serv- late their conscience and their reli- matriculated to the University of ice is the price we pay for the space gious beliefs—or suffer the con- Notre Dame School of Law on an aca- that we occupy.’’ sequences. I do not believe it is the role demic scholarship. It is with tremendous pride, privi- of government to persecute religions. b 1040 lege, and great honor that today I get I am proudly and passionately pro- to recognize the life and legacy of At- life. But regardless of what your views As a first year law student, Jock torney Jock Smith on the floor of the may be on abortion or contraception, I founded the Black American Law Stu- United States Congress so that all of us imagine most Americans would be dents’ Association chapter at Notre can remember that we must pay our alarmed to learn of our government Dame. He earned his law degree in 1973. fair share for the space that we occupy. chipping away at the First Amend- In 1996, Attorney Smith cofounded a partnership with the late renowned at- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ment, mandating its citizens disregard The SPEAKER pro tempore. Mem- their liberty, convictions, and con- torney, Johnny Cochran. The Cochran Law Firm, as it is known, is actually bers are reminded not to make ref- science—or else. This is totally unac- erence to occupants in the gallery. ceptable. No government should force the law firm of Cochran, Cherry, f its citizens to violate their religious Givens & Smith. It has 22 offices across beliefs. this country and continues to be one of CONGRESS IS NOT A CAREER the most well-known criminal defense I recently joined with a number of The SPEAKER pro tempore. The and civil plaintiff law firms in the Na- my colleagues in urging that the ad- Chair recognizes the gentleman from ministration reconsider this unprece- tion. Attorney Smith’s remarkable legal Florida (Mr. NUGENT) for 5 minutes. dented government overreach and vio- Mr. NUGENT. Mr. Speaker, we in the career was filled with many record-set- lation. But I would go further and en- House of Representatives need to start ting verdicts and settlements. A land- courage the administration to abandon restoring the trust that the American mark $1.6 billion verdict against this rule. Abandon this rule and con- people gave when they elected us to Southwestern Life Insurance was one tinue to allow these Americans who op- this office. Last night, 100 Members pose these services for either moral or of the largest in America’s history in 2004. He represented the legacy estates voted to give themselves a pay raise. Is religious reasons to live their lives in that what we’re all about? It’s not the way that they see fit and without of both Rosa Parks and Martin Luther King, Jr., and he represented the Negro about us enriching ourselves, because I the fear of punishment. don’t believe that’s what our Founding Bishop Jenky of the Diocese of Peo- League Players and civil rights activist Rev. Fred Shuttlesworth. Fathers thought. ria concludes his letter by saying: When I first came to Congress last ‘‘This country once fought a revolu- During his illustrious career, Attor- ney Smith’s hard work and leadership year, I found out that I had an option tion to guarantee the freedom, but the to either take the health insurance time has clearly arrived to strongly as- was acknowledged by numerous awards. He was recognized by the Ala- plan that the Federal Government of- sert our fundamental human rights.’’ fered or to go out on my own and do Our religious freedoms are under at- bama Trial Lawyers Association for his my own thing. And I took the option, tack. I was sent here to uphold, pro- tireless dedication and unwavering even though it cost myself and my tect, and defend the United States Con- commitment. As an author, Jock family over $10,000 more. But then we stitution, and I intend to do so. Smith shared his amazing life story in started to look at options with regards f an autobiography entitled ‘‘Climbing Jacob’s Ladder: A Trial Lawyer’s Jour- to the Federal Employee Retirement TRIBUTE TO JOCK MICHAEL SMITH ney on Behalf of ‘the Least of These.’ ’’ System that all Members of Congress The SPEAKER pro tempore. The Media personality and author Tavis are required to be in, and also the Chair recognizes the gentlewoman from Smiley best summed up the gift he Thrift Savings Plan that all Members Alabama (Ms. SEWELL) for 5 minutes. gave us by writing down his memoirs: of Congress are part of, whether they Ms. SEWELL. Mr. Speaker, today I Jock Smith’s story is part of America’s want to be or not—even though it’s dif- rise to recognize and pay tribute to one story. It’s part history lesson and part ferent for the Senate. The House of of our Nation’s most distinguished sermon and 100 percent fascinating. He Representatives back in the 104th Con- trial lawyers, an avid sports collector, and lawyers like his late partner, John- gress decided that they wanted to take historian, author, and family man, At- ny Cochran, are modern-day knights, that option away. I think that’s wrong. torney Jock Michael Smith. using their skills to protect both the I believe that America is about Attorney Smith was a well-respected poor and defenseless. On a personal choices. member of the Alabama bar, and he level, ‘‘Climbing Jacob’s Ladder,’’ his I also believe that Congress is not a was known nationally throughout the book, shows how faith and hard work career. And so when those Members of legal community for his exceptional can bring great success. Congress don’t have an option to re- legal abilities, his legendary courtroom Jock Smith was a member of Alpha move themselves from the Federal Em- style, civic activism, and passion for Phi Alpha Fraternity, Incorporated, ployee Retirement System, as I wanted equal justice for all. Sadly, Attorney and he was the first African American to, or those Members of Congress that Smith passed away at his home in to serve on the board of the President’s wanted to participate in the Thrift Montgomery, Alabama, on January 8 Advisory Council of the National Wild- Savings Plan but are told that you, the at the age of 63. life Federation. taxpayers, are going to give us an addi- The story of Jock Michael Smith is Jock Smith was amazing. I know as a tional 5 percent of our salary because not just one of a notable and accom- young lawyer his life stands as a per- you like us so much, I asked if I could plished attorney. His story is one of sonal tribute, to me. I am grateful to exempt myself from that. And guess hope, beating the odds, and the fearless have known him. I know that I walk in what? We were told we couldn’t be- pursuit of one’s dreams. The life and a path that he blazed, and for that, I cause those prior to us had made a de- legacy of Jock Smith is an inspiration am eternally grateful to his family. cision for us now that we couldn’t do to us all. Some of his family members are here that, we couldn’t do what we think is Despite losing his father tragically at with us today in the gallery. He is for- right for this body. a young age and despite being told in ever remembered as a remarkable and Ladies and gentlemen, Mr. Speaker, high school that he could not be any- amazing man. He is survived by his it is about doing the right thing. It is thing more than a sanitary worker, he wife of 45 years, Ms. Yvette Smiley- about looking back at what our Found- did not let that deter him. This young Smith; and his daughter, Janay Smith, ing Fathers envisioned for this coun- boy, son of a widow, single mother of who is with us today. try. It’s about service to this country, two, was determined to chart his own I want to say, in closing, that his life not about enriching ourselves on the course. is truly a testament to what is possible backs of our fellow countrymen.

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.009 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H382 CONGRESSIONAL RECORD — HOUSE February 2, 2012 On the ‘‘60 Minutes’’ program we saw Despite the best efforts of the Justice the Attorney General’s own testimony, the insider trading issue that has gone Department to hide the facts, we now it would appear that he is either fright- across this Congress. It brings to mind know many disturbing things about eningly unaware of major operations that it is about doing the right thing. Fast and Furious. This ill-conceived taking place in his own Department or And unfortunately, there are those operation began in November of 2009. that he did know about Fast and Furi- among us that really believe that it’s Since that time, the ATF has sanc- ous, did nothing to stop it, and refused about enriching ourselves on the backs tioned the sale of thousands of weapons to take responsibility when it failed. of those that we’re supposed to serve. to straw purchasers who transported It has been more than a year since There has been a number of bills put these weapons across the United the death of Agent Terry, Mr. Speaker, forth in regards to stopping insider States’ southern border and into the and we still don’t have the answers the trading, and so we have put forth a bill hands of Mexican criminals. American people deserve and Agent to do the same thing. It’s very simple. b 1050 Terry’s family deserves. We know we It just requires that Members of Con- won’t get these answers from a proper The ATF lost track of these weapons gress, the President, and the Vice internal investigation from the Justice until they began turning up at crime President put their holdings into a Department. Far from the Department scenes in the United States and Mex- qualified blind trust, which means no investigating itself, it has covered up ico. As a result of Justice Department matter what information they may for itself. incompetence, the United States ac- have they can’t enrich themselves with A year of delay, denial, and obfusca- tively armed dangerous cartels that tion is enough. A year of nighttime it because within 30 days of their tak- have wreaked havoc in Mexico and put document dumps full of blacked-out ing office, they must put it within a our own Federal agents directly in pages and redacted information is blind trust. It takes away all the issues harm’s way. Our hard-won trust and enough. A year of senior Justice De- in regards to how do you enforce some the relationships we’ve built with the partment officials pleading the Fifth is of the issues that were talked about in Mexican Government as both countries enough. It’s time that we get to the the STOCK Act. seek to combat the cartels has been se- bottom of why Fast and Furious hap- These are noble intentions, but when verely strained, which has harmed our pened and restore accountability to the you make it more difficult to enforce, efforts to get drug-running under con- what you do is you give people loop- trol. Department of Justice. That’s why I holes to get around it and skirt around Operation Fast and Furious hasn’t introduced H. Res. 532, which calls on the issue. If you put it into a blind just been a failure; it’s been a tragic the President to appoint a special pros- trust, it takes away the ability to skirt failure. It is believed that hundreds of ecutor to investigate Operation Fast around the issue. Mexicans have lost their lives through and Furious as well as the Attorney Ladies and gentlemen, it’s not about the use of these weapons, and at least General’s role in it. creating more loopholes. It’s about one U.S. Federal Agent, Brian Terry, Without a special prosecutor, the making it simpler to do the right thing has lost his life. only other way to get to the truth is here in Congress. When we have the When an operation goes so horribly through impeachment proceedings and lowest approval rating, I’m shocked. wrong, it is important to find out why the investigations that come with I’m not shocked because we don’t de- and who was responsible. The Congress those proceedings. With all of the vital serve it, I’m shocked because we don’t has acted on its oversight responsi- work before this House, it would be far want to do anything to improve it. As bility; and in doing so, we’ve asked At- better to avoid the distraction and the sheriff, I had a 73 percent approval rat- torney General Holder directly about cost that impeachment proceedings ing. I come to Congress, and I find out the operation. On May 3, 2011, Attorney would bring. I hope the President that we’re not as respected as we General Holder testified before the agrees. should be. But it’s because of our own House Judiciary Committee. When I urge my House colleagues to sup- hand that we’re not. It’s nobody else’s asked when he first knew about Oper- port this resolution so that we can fi- fault. Its not the press’ fault. It’s not ation Fast and Furious, he stated, ‘‘I’m nally get to the truth and ensure no anybody’s fault. It’s what we do within not sure of the exact date, but I prob- more innocent lives are lost due to this these Halls. What we do sets the tone ably heard about Fast and Furious for Attorney General’s failure. for what the American people believe the first time over the last few weeks.’’ f in or what we are supposed to be pro- However, we now know that weekly REMEMBERING AMBASSADOR viding to the American people, and memos addressed to the Attorney Gen- CHARLES PRICE that is a level of trust. eral, which included briefings on Oper- So in two things: A bill that was ation Fast and Furious, began crossing The SPEAKER pro tempore. The called Congress is Not a Career Act is his desk nearly a year before that. Chair recognizes the gentleman from sitting out there and also one in re- When it became clear that his May 3 California (Mr. DREIER) for 5 minutes. gards to blind trusts. Mr. Speaker, I testimony was untrue, the Attorney Mr. DREIER. Mr. Speaker, ‘‘Praise ask that we think about those issues General later revised the timeline in Silence.’’ Praise Silence is the very and move forward. which he claimed to have knowledge of British expression that was used regu- f the operation. On November 8, 2011, At- larly by Ambassador Charles Price torney General Holder claimed that he when he would stand up after dinner to GETTING TO THE TRUTH OF FAST had in fact first learned about the oper- offer thoughtful, insightful, and hu- AND FURIOUS ation at the beginning of 2011, which, morous remarks. He did it most often The SPEAKER pro tempore. The again, is belied by the fact that he was at the wonderful home—Sunnylands— Chair recognizes the gentleman from receiving memos about the operation of Ambassador Walter and Mrs. Arizona (Mr. QUAYLE) for 5 minutes. much earlier than that. Annenberg, and he was one who pro- Mr. QUAYLE. Mr. Speaker, it has But we now know that even that re- vided a great deal of inspiration and been more than 1 year since the tragic vised and extended time frame is incor- leadership. I’m very saddened to have death of U.S. Border Patrol Agent rect. Just days ago, the Justice Depart- had the news, Mr. Speaker, of his pass- Brian Terry, who was killed using ment finally released documents, ing, but I have to say that he lived a weapons that were purposely walked to which included a December 14, 2010, very, very full and active 80 years. deadly drug cartels in Mexico as part of email exchange between the Attorney Ambassador Price and I shared a Operation Fast and Furious. Since General’s chief of staff and the U.S. At- hometown and many mutual friends in Agent Terry’s death, the responsible torney for the District of Arizona, stat- Kansas City, and we also shared a great Federal Department, the Justice De- ing that the Attorney General had been love of California. Mr. Price was some- partment, and its leader, Attorney alerted of the shooting and death of one who was very big physically, he General Eric Holder, have obfuscated Agent Terry on the day of the shoot- was very big intellectually, and he had every attempt to get to the bottom of ing. a great big heart. I always felt com- what went wrong with this disastrous A troubling picture has emerged of forted around him because he had that operation. the Holder Justice Department. From wonderful embrace when he would

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.012 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H383 bring you in. And with me, for the past Many of my colleagues and I are dis- jobs. We must continue to do all that several decades, he’s offered very mayed by the dysfunction in the proc- we can here in Washington to create an thoughtful political insight and advice ess. We have seen firsthand the insider environment that fosters job growth, and counsel on a wide range of issues. tricks and schemes to distort the budg- and we will continue to do that. But we He served as Ambassador to the et and hide new spending. We’ve cannot overlook the fact that Wash- Court of St. James after having served learned that these loopholes are deeply ington spends money it does not have. as Ambassador to Belgium under Presi- ingrained in the rules of Congress— Certainly, this reckless spending spree dent Reagan during the 1980s. He was they are institutionalized—and both has contributed greatly towards our the first American to go to the site in Republicans and Democrats are guilty downward economy. Lockerbie, Scotland, where Pan Am of exploiting them. The Honest Budget Act does not fix Flight 103 went down. He was on the The American people have a right to all of our problems, but it is a step in cutting edge of very, very important expect accountability, honesty, and the right direction. In many respects, decisions that were made with our very transparency from their government. the Honest Budget Act of 2012 embodies important ally, Margaret Thatcher. But every year Washington relies on a the spirit of transparency and account- And I have to say that Ambassador series of budget gimmicks and account- ability that unites many in my fresh- Price was someone who had that very ing tricks to conceal or enable deficit man class. The bill is a rallying point unique ability, Mr. Speaker, to, as spending. With our Nation’s debt near- for those who truly want to put an end Rudyard Kipling said, ‘‘walk with ing $16 trillion, Washington must drop to tricks, gimmicks, and empty prom- kings and keep the common touch.’’ the budget games and commit to hon- ises, and for all who believe that the He was known for his great sense of est budget practices. American people deserve a government humor, and he was known for having a Many of us believe we were sent here that they can trust. great desire to spend time with work- to Washington to do things differently I look forward to working with my ing men and women. And to listen to and to insist on an honest and trans- colleagues to see this proposed legisla- people, he would often go to pubs in parent government. tion become law. England, and I suspect that Charlie b 1100 f Price might have enjoyed a Guinness or two at the same time. That’s why I, earlier this week, along PROMOTING STEM EDUCATION But, Mr. Speaker, he was also a great with 28 of my colleagues, introduced The SPEAKER pro tempore. The business leader and a great philan- the Honest Budget Act of 2012, an im- Chair recognizes the gentleman from thropist. I remember that, as the lead- portant step to change the way Wash- Illinois (Mr. DOLD) for 5 minutes. ing diplomat that he was, our great ington works and instill integrity into Mr. DOLD. Mr. Speaker, during the former Secretary of State, George the budget process. This legislation is President’s State of the Union address Schultz, once said to me, in describing designed to root out the budget gim- in this Chamber just last week, he Charlie Price, that when the Secretary micks most commonly used by politi- spoke of the importance of science, would arrive in London and he would cians to hide the truth, confuse the technology, engineering, and mathe- get into the car with Charlie Price, public, and run up the national debt. matics education, also known as STEM there was no ambassador who could Last year, Senator JEFF SESSIONS education. STEM education helps sup- provide him with more cogent, from Alabama introduced in the Senate port U.S. manufacturing jobs, and it is thoughtful insight into the cir- similar legislation to strengthen the something that I am a strong pro- cumstances that existed on the ground Senate’s rules against budget trickery. ponent of. as they were. Numerous conservative groups have en- The 10th District of Illinois, the dis- Mr. Speaker, in the spirit of Winston dorsed Sessions’ bill, including the Her- trict that I represent, is one of the Churchill, I read in my original home- itage Foundation, Americans for Tax largest manufacturing districts in our town paper—and Charlie Price’s as Reform, and Citizens Against Govern- Nation. As I travel back home, I hear well—the Kansas City Star, that he had ment Waste. time and time again from manufactur- just, not long ago, written a note to a This legislation introduced in the ers that they can’t find qualified people grandson of his to lift his spirits. In House expands the Senate bill with able to step up and take the jobs that that note he said: ‘‘Never, never give similar rules for the House of Rep- they have open right now at their man- up. You will always succeed if you ac- resentatives to address nine specific ufacturing facilities. cept that you will not succeed every budget gimmicks that, since 2005, have One way we can help put people back time. But never accept losing as any- cost taxpayers more than $350 billion to work is by promoting STEM edu- thing other than a learning experience and have consistently added to our def- cation. Those trained in the STEM to drive you to be a champion in all icit and our debt. field have the opportunity to gain walks of life.’’ For example, the legislation makes it good-paying jobs right here in our local Mr. Speaker, my thoughts and pray- more difficult to pass appropriation communities. From high schools train- ers go to Carol Price and to the won- bills without first approving a budget. ing our future workers to community derful family. I have to say that, as we What a novel idea. The legislation also colleges helping to train and retrain look to next week’s—a week from this tightens rules regarding emergency unemployed individuals, STEM edu- Sunday—dedication of the great new designations and disaster designations cation helps put people back to work operation at Sunnylands in southern to justify off-budget spending. It re- and allows U.S. manufacturers to hire California, I know that Carol will be veals both real costs and the real com- American workers. there, but Charlie Price will be greatly mitment on what the Federal Govern- One example of a successful STEM missed. ment is spending. education program back home is at Wheeling High School. Wheeling High f The bill also prevents Congress from relying on phony rescissions, or claim- School’s Principal, Dr. Laz Lopez, took AMERICANS DESERVE HONESTY IN ing savings that are not savings unless the initiative to start a STEM edu- GOVERNMENT they are real and genuine. That’s com- cation program in order to empower The SPEAKER pro tempore. The mon sense. Common sense dictates his students to graduate and have a Chair recognizes the gentlewoman from that you cannot account as savings competitive edge against other stu- Alabama (Mrs. ROBY) for 5 minutes. money that was never going to be dents seeking employment. Just yes- Mrs. ROBY. Mr. Speaker, Americans spent in the first place. terday, Wheeling High School an- deserve a genuine and predictable gov- A budget is a plan for this Nation’s nounced that they are now looking to ernment that shoots straight. As future. Americans deserve the truth. expand that education to include a cur- Thomas Jefferson wrote: ‘‘The whole Mr. Speaker, given what I have wit- riculum that has nanotechnology. This art of government consists in the art of nessed over the last year, the only way type of curriculum will give Wheeling being honest.’’ How can the people hold to guarantee truth is to specifically High School students a greater com- their Representative accountable when root out and end the gimmicks. petitive advantage when applying for Congress and the President distort the We’re all keenly aware that the num- jobs and pursuing degrees in science basic facts? ber 1 issue facing America today is and technology.

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.014 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H384 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Preparing our students for the 21st Bless the Members of this people’s In conclusion, God bless our troops, century workforce, I would argue, is House now as they gather to do the leg- and we will never forget September the absolutely critical. But it is also essen- islative work they are called to do. 11th in the global war on terrorism. tial that we empower the unemployed May their prayers this day be authen- f to be retrained to pursue careers in the tic and heard by You, the living God. WILLIAM STREET POSTAL STEM field right back at home and May their work be fruitful and bene- FACILITY across our country. ficial to those whom You favor, the Back home, I’m working with the poor. And may all they do be done in (Ms. HOCHUL asked and was given College of Lake County, which is work- humility and charity, knowing that permission to address the House for 1 ing hard to provide STEM education to they are all earthen vessels through minute and to revise and extend her re- adults who are interested in preparing whom Your spirit might shine forth. marks.) themselves for new careers. The Col- And finally, may all that is done this Ms. HOCHUL. Mr. Speaker, I stand lege of Lake County will be hosting a day be for Your greater honor and with my good colleague from western STEM education day on Saturday, Feb- glory. New York, Congressman BRIAN HIG- ruary 25. This is to motivate our young Amen. GINS, united in opposition to the pro- posed elimination of the postal proc- people about the importance of STEM f education, and to especially focus on essing and distribution center in Buf- young women to learn more about ca- THE JOURNAL falo and the 700 jobs of people that are reers in the fields of science and tech- The SPEAKER. The Chair has exam- currently employed there. nology. ined the Journal of the last day’s pro- I understand the Postal Service has I am impressed with the work that ceedings and announces to the House gone through some tough times. They the College of Lake County and other his approval thereof. need to make some hard decisions. Up community colleges are doing to bridge Pursuant to clause 1, rule I, the Jour- in our neck of the woods, 700 jobs is a the gap between industry and edu- nal stands approved. very big deal. That is 700 families mak- cation. By teaming up with local em- ing mortgage payments, 700 families ployers, the College of Lake County is f making their car payments, and 700 putting in place programs that can PLEDGE OF ALLEGIANCE families that haven’t been able to train the workforce and also help local make their tuition payments. The SPEAKER. Will the gentleman manufacturers in need. In addition to these individuals, busi- from Minnesota (Mr. ELLISON) come In the weeks to come, I’ll be hosting nesses, seniors, and rural communities forward and lead the House in the a manufacturing and education summit we represent would be adversely af- Pledge of Allegiance. at ETA/Cuisenaire in Vernon Hills. The fected if this were to end. This would Mr. ELLISON led the Pledge of Alle- goal of this summit is to find ways in end the overnight delivery of first-class giance as follows: which local industry can invest in local mail in the Buffalo region, impacting education so that our region has the I pledge allegiance to the Flag of the all the businesses that depend on this United States of America, and to the Repub- service. It would probably slow com- resources and trained workforce it lic for which it stands, one nation under God, needs to expand and to invest in the indivisible, with liberty and justice for all. merce, delay the delivery of medica- manufacturing sector of our economy. tion to our seniors, and impair commu- I will continue to work with Repub- f nications for rural families who don’t licans, with Democrats on promoting ANNOUNCEMENT BY THE SPEAKER have Internet access. this critical initiative of STEM edu- At a time when the Postal Service is The SPEAKER. The Chair will enter- cation. This will not only help put peo- struggling to retain business, they tain up to 15 requests for 1-minute ple back to work, but will enable man- need to be creative and find new ways speeches on each side of the aisle. ufacturers to hire workers right here to garner more customers. at home so that they can continue to f f grow and expand in our local commu- YUCCA MOUNTAIN MUST RECEIVE STOP ATTACKING COAL JOBS nities. PERMIT f (Mr. JOHNSON of Ohio asked and (Mr. WILSON of South Carolina was given permission to address the RECESS asked and was given permission to ad- House for 1 minute and to revise and The SPEAKER pro tempore. Pursu- dress the House for 1 minute and to re- extend his remarks.) ant to clause 12(a) of rule I, the Chair vise and extend his remarks.) Mr. JOHNSON of Ohio. Mr. Speaker, declares the House in recess until noon Mr. WILSON of South Carolina. Mr. President Obama’s activist EPA is at it today. Speaker, the President’s Blue Ribbon again. This destructive agency, in ad- Accordingly (at 11 o’clock and 7 min- Commission, which was tasked with vancing the administration’s war on utes a.m.), the House stood in recess. making recommendations for dealing coal, is forcing the closure of six coal- f with our country’s nuclear waste, re- fired power plants in three States. Just cently issued their findings. After con- a few weeks ago, it was announced that 1200 b ducting a 2-year study, the commission the Muskingum River Power Plant in AFTER RECESS discovered that measures must be my district would have to close and The recess having expired, the House taken to deal with nuclear waste cur- eliminate over 100 jobs because of bur- was called to order by the Speaker at rently and interim storage at 121 sites densome EPA regulations. noon. across the country. The editorial re- President Obama’s war on coal is sponse by the Aiken Standard to this nothing new. With just one proposed f anemic obvious conclusion is summa- rewrite of one rule, President Obama is PRAYER rized by one word: ‘‘Duh.’’ putting tens of thousands of direct and The Chaplain, the Reverend Patrick We have known for decades that this indirect coal-related jobs at risk. Just J. Conroy, offered the following prayer: waste must be properly dealt with and over a week ago, the President stood in We give You thanks, O God, for giv- discarded in the proper setting. The this Chamber and told Americans that ing us another day. scientific community has determined he wants to create jobs and grow the There have been many prayers this that Yucca Mountain is the ideal loca- economy, but his policies do the exact day rising to You from those engaged tion for a safe national repository. opposite. in the political discourse of this Na- The President and the liberal-con- Hardworking taxpayers across Amer- tion. We give You thanks for those who trolled Senate must quit playing polit- ica deserve better. They deserve effec- were able to gather at the National ical games and allow the Nuclear Regu- tive leadership that moves us forward Prayer Breakfast and those across this latory Commission to finish analyzing rather than holding us back. With over land who joined their prayer intentions the license permit. It’s time to let 14 million Americans out of work, we with the many who attended. science dictate policy, not politics. can’t afford more of the same failed

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.015 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H385 policies from this administration. They New York families do not always have rhetoric has real-world consequences. are hurting America. the opportunity to watch their home- For the health of all women across f town team, the Buffalo Bills. America, this issue must be resolved The NFL’s blackout rule prohibits quickly and the collaborative relation- PAYROLL TAX CUT EXTENSION the broadcast of a game in a team’s ship between these two great institu- (Ms. TSONGAS asked and was given home market if the game has not been tions restored. Until then, lives are at permission to address the House for 1 sold out within 72 hours of the kickoff. stake, sadly, for political gain. minute.) In Buffalo, this meant that this past f Ms. TSONGAS. Mr. Speaker, we are season almost half of the Bills games CONSCIENCE RIGHTS now in the month of February. In less were blacked out. This is unacceptable. (Mr. PITTS asked and was given per- than 4 weeks, the 2-week payroll tax We have a strong and enthusiastic fan base; but with one of the largest foot- mission to address the House for 1 cut extension, which House Repub- minute and to revise and extend his re- licans begrudgingly agreed to, will ex- ball stadiums in the National Football League, Buffalo must sell 6,000 more marks.) pire. Mr. PITTS. Mr. Speaker, institutions tickets than the league’s average to To avoid the same dramatic standoff across the country are facing an impos- that threatened a $1,400 tax increase avoid a blackout. sible choice: Do they continue in their for the average Massachusetts family, I have sent a letter to NFL Commis- mission to provide for their employees, we must work together and adopt a sioner Goodell, along with my col- or do they violate their conscience? yearlong extension of this vital tax leagues Congresswoman KATHY When the Affordable Care Act passed, credit rather than waiting till the last HOCHUL, Congressman ROSS, and Con- there was no thought in the minds of minute yet again. gresswoman BROWN, asking for an end many Catholics that the law would Failure to extend the payroll tax cut to this unfair policy. It is time for the eventually force them into such a ter- to the end of the year would not only league to update this regulation, tak- rible choice. In fact, my former col- severely impact already overstretched ing into account factors like stadium league from Pennsylvania, Kathy Dahl- households around the country, but and media market size and, most im- kemper, recently came out and said, I would also dramatically undermine our portantly, the tough financial situa- would have never voted for the final still fragile economic recovery. tion millions of families across the Na- version of the bill if I expected the Families have already made their tion find themselves in. Obama administration to force Catho- budgets for this year. They are count- f lic hospitals and Catholic colleges and ing on this extension to pay their bills, universities to pay for contraception. 1210 heat their homes, and meet other b I might add, this rule that will go needs. Let’s not let them down. STOCK ACT into effect on August 12 includes not only contraceptives, but abortifacients, f (Mr. BUCHANAN asked and was drugs like Ella and Plan B, as well as given permission to address the House PBGC SHOULD RESTORE DELPHI sterilization services. for 1 minute.) SALARIED RETIREES PENSIONS Catholic and other religious organi- Mr. BUCHANAN. Mr. Speaker, Wash- zations have cared for the sick and edu- (Mr. TURNER of Ohio asked and was ington is failing the American people. cated Americans of all religions since given permission to address the House Our leaders need to be held to the high- the founding of our Republic, and for 1 minute and to revise and extend est standard, and that means obeying they’ve done this because their con- his remarks.) the same laws that everyone else has science compels them to show their Mr. TURNER of Ohio. Mr. Speaker, to live under. love to all mankind. Never before has today our colleagues at the Education I’m pleased to report progress on an the Federal Government compelled and Workforce Committee held a sub- important bill that I cosponsored; it’s them to violate their conscience in committee hearing looking into the called the STOCK Act. It would pro- such a terrible way. There are funda- challenges facing the Pension Benefit hibit inside trading by any Member of mental questions about life and moral- Guaranty Corporation. Congress. ity that the government has no busi- Perhaps one of the greatest chal- This bill is now starting to move in ness forcing on organizations and indi- lenges facing the PBGC is trans- the Senate, and I intend to fight to en- viduals. To force them to violate their parency. The PBGC will not release sure its swift passage. No one in gov- conscience is wrong. even the most basic documents ex- ernment should profit from private in- f plaining the denial of the full earned formation obtained through their posi- PROMPT SHORT SALE DECISION pension benefits of the Delphi salaried tion. Serving the people is a privilege ACT retirees. Perhaps it is because of the and it’s an honor, not an opportunity many conflicts of interest that existed for personal gain. (Mr. MCNERNEY asked and was between the Treasury Department and given permission to address the House f the PBGC. for 1 minute.) When these pensions were turned SUSAN G. KOMEN HALTS PART- Mr. MCNERNEY. Mr. Speaker, I rise over to the PBGC, approximately 20,000 NERSHIP WITH PLANNED PAR- to advocate an aggressive response to current and future salaried retirees ENTHOOD the housing crisis. Last year, 30 percent of California were subjected to benefit cuts of up to (Mr. QUIGLEY asked and was given 70 percent. The hardworking taxpayers homeowners with mortgages were un- permission to address the House for 1 derwater. That’s one of the highest whose tax dollars were used to pay for minute.) the auto bailouts deserve to know who rates in the country. To improve our Mr. QUIGLEY. Mr. Speaker, today is economy, we must fix the broken hous- made these decisions to cut these pen- a sad day. In an effort to strip women ing market. Large banks simply wait sions and why they are made. of the right to choose, anti-choice out short-sale offers, which kills the f groups have blocked access to life-sav- process. ing cancer screenings. Back home, I hear from people who NFL BLACKOUT UNACCEPTABLE The Nation’s leading breast cancer are trying to secure short sales and (Mr. HIGGINS asked and was given charity, Susan G. Komen, announced it have to wait for months or longer to permission to address the House for 1 will no longer partner with Planned get a decision from their lender. That’s minute.) Parenthood, the Nation’s leading wom- absolutely unacceptable. Banks need to Mr. HIGGINS. Mr. Speaker, on Sun- en’s health care provider. This fight treat people fairly, which is why I’m a day, tens of millions of Americans will has pitted two of our Nation’s premier cosponsor of H.R. 1498, the Prompt De- gather with family and friends to and important women’s health care cision for Qualification of Short Sale watch the Super Bowl. Many from my groups wrongly against each other. Act. This is a bipartisan bill that re- western New York community will be We on either side of the Capitol and quires lenders to make a decision with- among them. Unfortunately, western in these Chambers must remember that in 45 days to approve or disapprove a

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.017 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H386 CONGRESSIONAL RECORD — HOUSE February 2, 2012 short sale. This bill simply makes sure That’s right, yesterday marked the 6- The economy is improving, but there that prospective homeowners receive a month anniversary of workers at the are still 14 million Americans without decision from their banks in time to be American Crystal Sugar factory in jobs. Yet the Republican Congress useable. Moorhead being locked out. Many of hardly even shows up for work. Con- I ask my colleagues to join me in these people have worked for the fac- gress met only 6 days of the month of supporting this legislation so we can tory their whole lives. Their parents January—6 days in 1 month. break up the housing market logjam. worked there, Mr. Speaker, and their We need to come to work and pass President Obama’s jobs plan, level the f grandparents worked there, too. These workers have gone to work and playing field, force the rich to pay LET’S GET TO WORK ON CREATING have gone to bat for the company. their fair share of our Nation’s debt, JOBS AND STRENGTHENING MID- These workers, Mr. Speaker, stood and put an end to rewarding businesses DLE CLASS shoulder to shoulder with the company that ship jobs overseas. (Mr. BACA asked and was given per- to fight for a better sugar program in f the farm bill just because that’s how mission to address the House for 1 b 1220 minute.) dedicated they are. But what have they Mr. BACA. Mr. Speaker, if Congress got in return? They’ve gotten locked MAKING LAWS THAT MAKE LIVES does not act soon, 160 million Ameri- out. They’re not on strike. They’re BETTER cans will see a tax increase at the end locked out because they will not accept (Ms. HAHN asked and was given per- of the month. Working families in my an unfair take-it-or-leave-it contract. mission to address the House for 1 district rely on the payroll tax cut to These workers even vowed not to minute.) make their mortgage payments or put strike because they know how impor- Ms. HAHN. Mr. Speaker, for my con- food on the table. We need to get to tant their work is, but they have been stituents and I, the work here in Con- work right now on extending the pay- locked out even though they have gress is about making laws that make roll tax cut and unemployment insur- agreed to a no-strike guarantee. lives better. Last week, our President ance for a full year. It’s wrong, Mr. Speaker. These 1,300 came to this Chamber and laid out a Fourteen million Americans are folks deserve better from this com- blueprint to build an America that without jobs. Families need our help; pany, and I think the time is now for lasts. That blueprint focuses on manu- they are hurting. But instead of work- the company to negotiate. facturing, education, worker training, ing together to create jobs, Repub- f clean energy, and ensuring that every American plays by the same set of licans continue to push a partisan WORST TRANSPORTATION BILL IN rules and pays their fair share. By agenda that further divides us. HISTORY OF CONGRESS This week, we have yet another bill building from the ground up, by focus- to repeal the health care reform. Let’s (Mr. BLUMENAUER asked and was ing on working people, we can build an stop these misguided bills. Let’s get to given permission to address the House economy that lasts. work on the agenda that creates jobs for 1 minute and to revise and extend My friends on the other side offer a and strengthens the middle class. We his remarks.) different path. It’s a top-down ap- must work together. Mr. BLUMENAUER. Mr. Speaker, at proach with big tax breaks for the this moment, the House Transpor- wealthy and subsidies for Big Oil at the f tation and Infrastructure Committee is expense of new technology and AN AMERICA BUILT TO LAST working on what is arguably the worst innovators. But we know what happens transportation bill in the history of (Ms. HANABUSA asked and was when you use all of your resources and Congress—just when we need the best. materials at the top of the building. It given permission to address the House It’s not just wrong sized with too few for 1 minute.) topples over. esources from the wrong sources. It f Ms. HANABUSA. Mr. Speaker, last fails to protect the integrity of the week we were in this Chamber listen- trust fund, inviting opposition from FRANK BUCKLES WORLD WAR I ing to the President deliver a State of budget hawks. MEMORIAL ACT the Union address, the blueprint for an It reverses 20 years of transportation (Mr. YODER asked and was given America built to last. We took away reform by attacking the cheapest way permission to address the House for 1 different points from that speech. to develop highway capacity in most minute.) Many will speak to his initiatives communities, transit and cycling. It Mr. YODER. Mr. Speaker, I rise which address American manufac- even eliminates the Safe Routes to today to honor the brave men and turing, a new and innovative energy School program for our children. women who served and sacrificed in source, educating and creating a more I hope my staff heard wrong that the World War I. 2014 will be the centennial skillful workforce. I took away that committee chair will deny participa- anniversary of the Great War, and it’s this blueprint for an America built to tion to anybody who asks for a vote on my hope that a grateful Nation will last will be successful because of its a provision, not just in committee, but come together to pay tribute to the he- foundation, the foundation which is the will not even be able to offer an amend- roes who fought for liberty and free- people of this great Nation. ment on the floor. Let’s get back to the dom almost 100 years ago. The President is putting his faith in bipartisan tradition to have infrastruc- I urge my colleagues to support the the people. He is putting his faith in ture that America needs. Frank Buckles World War I Memorial their values, uniquely American val- f Act, which would establish a commis- ues. He is putting his faith in those sion to ensure a proper national ob- values which created and motivated NO-JOBS REPUBLICAN AGENDA servance of this historic occasion. Kan- the creation of the middle class, the (Mr. JOHNSON of Georgia asked and sas City, which has a long tradition middle class which is the backbone of was given permission to address the dating back to 1921 of honoring World this great Nation. That is why we will House for 1 minute and to revise and War I and its legacy, is home to the have an America built to last. extend his remarks.) outstanding National World War I Mu- f Mr. JOHNSON of Georgia. Mr. Speak- seum. I ask my colleagues to join in er, I rise today to ask this Tea Party our support of designating this mu- CRYSTAL SUGAR LOCK-OUT Republican majority to do something seum the National World War I Memo- (Mr. ELLISON asked and was given to create jobs. rial. permission to address the House for 1 Last week, the President presented a It’s my hope that over the next 2 minute.) positive plan to create jobs, but all the years, we can come together and recog- Mr. ELLISON. Mr. Speaker, 1,300 American people hear from the Tea nize the ideals and values that our Minnesota workers have been denied Party Republican Party is the same old country’s bravest so exemplified in the their basic and most fundamental right no-jobs agenda from this no-show Re- First World War, and that we continue to work and support their families. publican Congress. to uphold today.

VerDate Mar 15 2010 04:35 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.018 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H387 BRINGING MARRIAGE EQUALITY trade securities on inside information, final passage without intervening motion ex- TO MAINE a restriction that applies to pretty cept: (1) one hour of debate equally divided and controlled by the chair and ranking mi- (Ms. PINGREE of Maine asked and much everybody else. I’m a proud co- sponsor of that act, but only partly nority member of the Committee on the was given permission to address the Budget; (2) the further amendment printed in House for 1 minute.) proud. I’m, frankly, embarrassed that part A of the report of the Committee on Ms. PINGREE of Maine. Mr. Speaker, legislation is necessary to prohibit in- Rules accompanying this resolution, if of- in my State of Maine, there are thou- sider trading by all of us. fered by Representative Jackson Lee of sands of couples in loving, committed I urge the Republican leadership to Texas or her designee, which shall be in relationships. They share homes and bring that bill to the floor now. Don’t order without intervention of any point of make us go through petitions and this order, shall be considered as read, shall be they raise children together. They re- separately debatable for 10 minutes equally main committed to each other through and that and the other thing. Let’s bring it to the floor now. And I urge divided and controlled by the proponent and the ups and downs of life, but because an opponent, and shall not be subject to a de- they are same-sex couples, they are de- the other body, the United States Sen- mand for division of the question; and (3) one nied the right to honor their love and ate, to move it now. My understanding motion to recommit with or without instruc- commitment to each other through is that Senators are attaching con- tions. marriage. stitutional amendments and other ir- SEC. 2. At any time after the adoption of This fall, Maine will have a chance to relevant provisions to a bill that this resolution the Speaker may, pursuant to should be a ‘‘no-brainer.’’ clause 2(b) of rule XVIII, declare the House change that and to join a growing list resolved into the Committee of the Whole of States around the country that are If we can’t get this done, we will have earned the scorn of the American peo- House on the state of the Union for consider- setting aside discrimination and grant- ation of the bill (H.R. 3582) to amend the ing all couples the same right to get ple. Congressional Budget Act of 1974 to provide married. f for macroeconomic analysis of the impact of We’ve made progress here in Congress legislation. The first reading of the bill shall COMMUNICATION FROM THE be dispensed with. All points of order against on ending discriminatory practices like CLERK OF THE HOUSE ‘‘Don’t Ask, Don’t Tell,’’ but it will be consideration of the bill are waived. General The SPEAKER pro tempore (Mr. debate shall be confined to the bill and shall up to us in Maine to bring marriage not exceed one hour equally divided and con- MCCLINTOCK) laid before the House the equality to our State. This is an issue trolled by the chair and ranking minority of basic human rights and equal treat- following communication from the member of the Committee on the Budget. ment under the law, and I am confident Clerk of the House of Representatives: After general debate the bill shall be consid- we’ll do the right thing. OFFICE OF THE CLERK, ered for amendment under the five-minute HOUSE OF REPRESENTATIVES, rule. In lieu of the amendment in the nature f Washington, DC, February 2, 2012. of a substitute recommended by the Com- DRUG SHORTAGE PREVENTION Hon. JOHN A. BOEHNER, mittee on the Budget now printed in the bill, ACT The Speaker, House of Representatives, it shall be in order to consider as an original Washington, DC. bill for the purpose of amendment under the (Mr. CARNEY asked and was given DEAR MR. SPEAKER: Pursuant to the per- five-minute rule an amendment in the na- permission to address the House for 1 mission granted in clause 2(h) of rule II of ture of a substitute consisting of the text of minute.) the Rules of the U.S. House of Representa- the Rules Committee Print 112-10 dated Jan- Mr. CARNEY. Mr. Speaker, I rise tives, the Clerk received the following mes- uary 25, 2012. That amendment in the nature today to talk about the prescription sage from the Secretary of the Senate on of a substitute shall be considered as read. February 2, 2012 at 9:40 a.m.: drug shortage crisis we have today in All points of order against that amendment That the Senate passed S. 1296. in the nature of a substitute are waived. No America. Across the country, patients That the Senate passed without amend- amendment to that amendment in the na- are being forced to go without the crit- ment H.R. 588. ture of a substitute shall be in order except ical medication they need to battle dis- With best wishes, I am those printed in part B of the report of the eases and stay healthy. This crisis is Sincerely, Committee on Rules accompanying this res- hitting cancer patients especially hard, KAREN L. HAAS. olution. Each such amendment may be of- with serious shortages of chemo- f fered only in the order printed in the report, therapy drugs. may be offered only by a Member designated PROVIDING FOR CONSIDERATION in the report, shall be considered as read, That’s why this week I introduced OF H.R. 3578, BASELINE REFORM shall be debatable for the time specified in the Drug Shortage Prevention Act with ACT OF 2012, AND PROVIDING the report equally divided and controlled by Representative LARRY BUCSHON, my FOR CONSIDERATION OF H.R. the proponent and an opponent, shall not be Republican colleague from Indiana. 3582, PRO-GROWTH BUDGETING subject to amendment, and shall not be sub- Our bill helps FDA work with drug pro- ject to a demand for division of the question ACT OF 2012 ducers and distributors to fix some of in the House or in the Committee of the the regulatory problems that are caus- Mr. WOODALL. Mr. Speaker, by di- Whole. All points of order against such ing these shortages. It also improves rection of the Committee on Rules, I amendments are waived. At the conclusion communication so doctors and patients call up House Resolution 534 and ask of consideration of the bill for amendment for its immediate consideration. the Committee shall rise and report the bill have the information they need to to the House with such amendments as may make smart treatment decisions. The Clerk read the resolution, as fol- have been adopted. Any Member may de- This is not a partisan issue. Drug lows: mand a separate vote in the House on any shortages affect all of us, and so I urge H. RES. 534 amendment adopted in the Committee of the my colleagues to quickly pass this bi- Resolved, That upon the adoption of this Whole to the bill or to the amendment in the partisan legislation. When a family resolution it shall be in order to consider in nature of a substitute made in order as origi- gets hit with a diagnosis like cancer, the House the bill (H.R. 3578) to amend the nal text. The previous question shall be con- they have enough things to worry Balanced Budget and Emergency Deficit sidered as ordered on the bill and amend- Control Act of 1985 to reform the budget ments thereto to final passage without inter- about. Running out of chemo drugs vening motion except one motion to recom- should not be one of those things. baseline. All points of order against consid- eration of the bill are waived. In lieu of the mit with or without instructions. f amendment in the nature of a substitute rec- The SPEAKER pro tempore. The gen- ommended by the Committee on the Budget SUPPORT THE STOCK ACT tleman from Georgia is recognized for 1 now printed in the bill, an amendment in the hour. (Mr. HIMES asked and was given per- nature of a substitute consisting of the text mission to address the House for 1 of the Rules Committee Print 112-9 dated b 1230 minute and to revise and extend his re- January 25, 2012, shall be considered as Mr. WOODALL. Mr. Speaker, I’m marks.) adopted. The bill, as amended, shall be con- happy to be down here with you today, sidered as read. All points of order against Mr. HIMES. Mr. Speaker, I rise this provisions in the bill, as amended, are and for the purpose of debate only I morning to offer my support for the waived. The previous question shall be con- yield the customary 30 minutes to my STOCK Act, a bill that would make it sidered as ordered on the bill, as amended, good friend from Florida (Mr. HAS- illegal for Members of Congress to and on any further amendment thereto, to TINGS).

VerDate Mar 15 2010 23:31 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.022 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H388 CONGRESSIONAL RECORD — HOUSE February 2, 2012 GENERAL LEAVE culate that in the law. It exists in stat- Mr. HASTINGS of Florida. Mr. Mr. WOODALL. I ask unanimous con- ute today to say let’s go ahead and Speaker, I yield myself such time as I sent, Mr. Speaker, that all Members raise that spending level based on may consume. have 5 legislative days to revise and ex- those new folks accessing the system. I thank my good friend from Georgia tend their remarks. But there’s over a trillion dollars in for yielding me the time to go forward The SPEAKER pro tempore. Is there spending, Mr. Speaker, for which there with discussion of this particular rule. objection to the request of the gen- is no law that says it’s going to go up The rule provides for consideration of tleman from Georgia? next year and the year after that and both H.R. 3578, which is referred to as There was no objection. the year after that. And yet, the Con- the Baseline Reform Act, and H.R. 3582, Mr. WOODALL. Mr. Speaker, House gressional Budget Office today, when the Pro-Growth Budgeting Act. Both of Resolution 534, this rule before us they chart out the budget for the these bills, in my opinion, impose con- today, brings the first of two Budget United States of America, assumes voluted new rules on an already com- Committee reform bills to the floor. As that that increase is going to take plicated budget process, an attempt to the Speaker is very familiar, the Budg- place. enshrine the majority’s ideology into et Committee has been working very Well, I’m tremendously proud, Mr. what is supposed to be an objective hard, not just this year but last year as Speaker, that at least in my short time analysis. well, to put together an agenda to here I’ve seen just the opposite. Every What my friends on the Republican make the budget more accessible to single bill that this body has brought side are presenting as commonsense re- the American people, to make budg- to the floor and sent to the President forms are actually, in my opinion, non- eting in Washington, DC, look more has reduced spending. Spending was sense reforms. These budget process like budgeting back home around the $1.91 trillion in 2010. We reduced it to changes are mere gimmicks to defend kitchen table. We have the first of $1.50 trillion in 2011. We reduced it the elimination of spending on essen- those two reform bills coming to the again to $1.43 trillion for 2012. That’s tial government services and to dress floor today with the passage of this the trend that my constituents want up tax cuts for those in our society who rule. back home, Mr. Speaker, and I think are well-off in the phony disguise of This rule is a structured rule, Mr. the trend that America deserves. benefiting average Americans. Speaker, that brings H.R. 3578, the But more importantly, we’ve all been These changes tie Congress and the Baseline Reform Act, and H.R. 3582, the involved in those conversations back Congressional Budget Office up in Pro-Growth Budgeting Act, to the home where folks say, when is a cut knots in an effort to prove that con- floor. not really a cut? When is an increase servatives’ ideology about taxes and We all know it’s been over a thou- not really an increase? Only here in spending is going to grow our Nation’s sand days since the Senate has pro- Washington, Mr. Speaker, can we spend economy—not creating more jobs, not duced a budget. But here in the House, $10 last year and $12 next year and call stimulating demand, not investing in not only did we produce a budget last that a budget cut. Only here. The Base- infrastructure or education, or any of year on time, we will produce a budget line Reform Act eliminates that. the many endeavors that are critical to this year on time, and we will produce The Pro-Growth Budgeting Act, the improving the lives of all Americans. another budget, as we did last year, second bill that this rule would bring Rather, what my friends, the Repub- that the American people can be proud to the floor, adds a new bit of informa- licans, are trying to do is, in my opin- of. Knowing that it’s a given the Amer- tion to the Congressional Budget Office ion, create a Frankenstein budget proc- ican people are going to be proud of baseline. It’s the same information ess: add a procedure here, add a little that work product, Mr. Speaker, be- that President Obama asked for in his bit of a procedure, sever a rule over cause you and I will ensure it, the stimulus bill, to say, when we spend there, zap it with some electricity or question is, will folks be able to under- this $800 billion, what impact is that hyperbole, and now you have a budget stand it. I confess, as a freshman mem- going to have. We know it’s going to be process that proves tax cuts for the ber on the Budget Committee, Mr. $800 billion out the door. We know wealthiest among us are the only way Speaker, it’s not always easy to do. we’re never going to get that money to grow our economy. But guess what? The President is going to submit his back. We know that’s going to be It still ain’t human, and it certainly budget to us in a couple of weeks. I money that we have to borrow from isn’t humane. think it was going to be next week. I foreign lands. But what do we get for For the Baseline Reform Act, Mr. think he’s put it off for another week. that $800 billion? Speaker, Republicans propose that the I’m looking forward to seeing it when We asked the Congressional Budget Congressional Budget Office not in- it finally arrives. But my recollection Office to score it that way and they clude annual inflation when making and expectation is going to be it’s did. their budget estimates. going to be more than 12 inches tall. What the Pro-Growth Budgeting Act 1240 Not because the President’s doing any- says is let’s add that feature for every b thing wrong, but because that’s the future bill on the tax side of the ledger. When I was a child—10 and 11 years level of detail and sophistication it What happens, Mr. Speaker, when we old—we didn’t get radio programs very takes to produce a budget for the cut taxes? We know that means less much, but we got radio programs on United States of America. revenue comes in from that one tax, Saturdays. One of the programs that I So what can we do to make this but what does it mean for the economy enjoyed listening to so much as a little budget easier to understand? What can as a whole? We see it over and over boy, while sitting on the rug in the liv- we do to make this budget more like again when we have taxes at their ing room, was ‘‘Let’s Pretend.’’ I never the budgeting that goes on around the highest. Sometimes our tax receipts did know then that I would be here in kitchen table? are at their lowest. When we have tax this august institution, sitting around The Baseline Reform Act, the first rates at their lowest, sometimes our with people who are pretending in the bill that this rule would bring to the tax receipts are at their highest. The budget process that inflation doesn’t floor, does this, Mr. Speaker. It elimi- Congressional Budget Office can give exist when they’re making budget esti- nates the assumption that CBO makes us that information, and this bill mates. today that every Congress is going to makes it possible for them to do that. I talked yesterday with one of my spend more next year than the previous So, Mr. Speaker, I’m tremendously friends on the Rules Committee that Congress. Now, there are, as a function proud and tremendously enthusiastic I’d been down in Florida and that I’d of law, Mr. Speaker, some areas of the about not only the rule but the two un- had a major water issue at my home in budget that do in fact go up. derlying bills, and I look forward to Florida. For the last 2 or 3 months, my We know, for example, that 10,000 that discussion not just on the rule water bill had been exorbitant, and I new Americans every day apply for So- with my friend, Mr. HASTINGS, but with couldn’t figure out why. Ultimately, cial Security and Medicare. 10,000 new the Budget Committee later on this this morning, I learned for the first baby boomers every day apply for So- afternoon. time that there is a substantial leak cial Security and Medicare. We cal- I reserve the balance of my time. inside the house, so the plumbers are

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.025 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H389 there, and I’m already out more than have been laid off and the number of My friends on the Republican side $1,000. music programs that no longer exist. have been so concerned about building Later on, I’m going to be voting So let’s just pretend that they don’t actual bridges to nowhere that they’ve about my salary. Yesterday, I voted cost but the same thing at one time, turned the budget process into its own about the cost of living for Federal em- and you will find over the long haul kind of bridge to nowhere. Rather than ployees. I think we do them a terrible that you’ll get these decreases, which using the budget process to lead this disservice by disallowing them the will result in massive decreases in es- country into a new era of economic kinds of increases that take into con- sential services like fire services and growth, my friends on the other side of sideration the exact same kind of police services and school teachers that the aisle want to cut taxes for very things that I and other Members of this millions, indeed all Americans, rely on. wealthy people, cut programs for ev- House and other people around this Na- This technical change then is actu- eryone else, and then feel like they’ve tion are experiencing when it comes to ally a backdoor effort to slowly starve set this country on the right track. their personal undertakings. We’ve necessary government programs rather This is no way to run an economy, no been without an increase here, and, than to be up front about which pro- way to run a budget process, and no yes, this Nation is in serious trouble. grams Republicans want to eliminate. way to stick up for millions of strug- Yet the people that we tend to attack The celebrated conservative Grover gling Americans who need us to focus are the people who are at the lowest Norquist made it very clear. H.R. 3578 on improving the economy. end of the scale and the middle class says that, every year, every program Mr. Speaker, I reserve the balance of people—the police officers, the fire- and agency should be assumed to get my time. smaller and smaller automatically. I fighters, the schoolteachers—who b 1250 make $35,000, $40,000. One or two of refer to Mr. Norquist as an ideologue. Mr. WOODALL. Mr. Speaker, I yield them, luckily, makes $60,000 a year. He said, ‘‘I’m not in favor of abol- myself such time as I may consume to What we wind up doing is taking them ishing government. I just want to just really take a moment to think to task. They have the same plumbing shrink it down to the size where we can about the doublespeak here in Wash- problems that I do. There is inflation, drown it in the bathtub.’’ ington, D.C. That’s been the biggest ad- and you can’t do a budget without con- I somehow or another am at odds justment since having the great privi- templating it; but if you wish to pre- with that kind of thinking when we’re lege of being a Member in this U.S. tend, then I guess that’s what we will about the business of helping more peo- ple, as I explained to the children, who House of Representatives. What my do is play Let’s Pretend. This seems like a rather mundane are in the category of the neediest, and friend from Florida I know very genu- technical change, but it isn’t. I would here we are protecting the greediest in inely calls sneaky, I call common be pleased to support this, Mr. Speak- our society. sense. This technical change then is actu- You know, today in the budget, Mr. er, because it means that, in making ally a backdoor effort to slowly starve Speaker, today in the budget, the CBO my own personal budget projections, I necessary government programs rather doesn’t have to follow the law for could just simply ignore the costs for than to be up front about which pro- about a quarter of all Federal Govern- everyday items, but I don’t know a sin- grams Republicans want to eliminate. ment spending. When they are scoring gle thing that I’ve bought in the last 3 They would rather put sneaky rules Medicare and Medicaid, they follow the years that has gone down in price. I into place to guarantee the outcome law to say what’s Medicare and Med- could just simply ignore the fact that they want without having to have an icaid going to do over the next 10 costs for everyday items and activities open debate. That’s the kind of budget years. When they’re scoring discre- tend to go up every year, indeed, every process that only Igor, the Franken- tionary spending, however, they just month. Around this place, if you’re stein monster, could love. guess. They just guess. That’s what the looking at the local gas stations every Through the Pro-Growth Budgeting process is today: Just guess at what fu- day, every week, I can just assume that Act, Mr. Speaker, Republicans want to ture Congresses are going to be. What what I’m paying today, if I wanted to, introduce dynamic scoring into the are those future Congresses going to I guess, I could keep paying 10 years CBO’s projection process. Once again, do? from now and still expect the exact this seems like a minor technical Now, I tell you that’s an exercise in same numbers of goods and services. change; but when you look closely, you folly, and you couldn’t possibly get it But, of course, we all know that that see that this is an effort to zap elec- right. That’s what the CBO Director isn’t true. Simply wishing away or pre- tricity into Igor-the-monster-budget, told us yesterday, that it’s a challenge tending inflation away won’t make it which in the final analysis is tax cuts to put these numbers together. And the so. Fuzzy math does not equal fiscal re- for those of us in society who are bet- more they have to guess, the more in- sponsibility. By eliminating inflation ter off and for the wealthier even accurate their result becomes. adjustments from discretionary spend- among that class. So what are these two bills? ing projections, my friends, the Repub- Under this bill, the CBO’s analyses Mr. HASTINGS of Florida. Would the licans, are actually just reducing the are tweaked so that tax cuts for the gentleman yield? funding for a Federal program. Since wealthy seem like they grow the econ- Mr. WOODALL. I yield to the gen- the dollar amount would stay the same omy while actual investments in the tleman. every year, the number of services that needs of everyday Americans do not. Mr. HASTINGS of Florida. Well, now could be covered would decrease. Republicans make it easier to cut taxes guessing, then why are we mandating This morning, I had the good fortune for those of us who are well off and for 40 years? How in the world are we going of having in the office a fine group of those of us who are rich than to build to guess and have them predict what 40 safety patrol students from Pleasant bridges and schools for the rest of us. years are going to look like? City Elementary School in Palm Beach This bill specifically instructs the Mr. WOODALL. I thank my friend for County in West Palm Beach. I was CBO to ignore the positive economic asking. talking with them about the fact that effects that would come about from in- Reclaiming my time, what those 40 I would be here discussing the budget vestments in things like infrastructure years are are 40 years of congression- and how everything affects their lives and education, as if spending on things ally mandated action. as well as the lives of all American that Americans want and need won’t But that’s what’s so different here, citizens around this country and that, boost the economy. They would have Mr. Speaker. There are things that if we were to allow this budget process us pretend. The CBO has already pro- Congress speaks to and things about to take place, all we will have is a con- jected that extending the Bush tax cuts which Congress is silent. And for rea- tinuing decrease over the long term of for the wealthiest among us would ac- sons unbeknownst to me or the fami- things that I may wish for those chil- tually reduce growth in the long run; lies back home in my district, what dren at Pleasant City Elementary but rather than face the facts, Repub- this Congress has said, this body that’s School or at Cove Elementary, whose licans simply want to change the rules been instilled with the power of all of counselor was also here. We were dis- so that this analysis is turned upside our voters back home, we’ve said we cussing the number of teachers who down. advocate it, CBO just guess.

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.027 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H390 CONGRESSIONAL RECORD — HOUSE February 2, 2012 You know, when you and I were Mr. ANDREWS. I thank my friend for and that tax cut is about to expire; and working together last summer on the yielding. if we let it expire, it will be about a Budget Control Act, we went exactly For a long time, Americans have be- $1,000 tax increase for middle class the opposite route. As you know, Mr. lieved if you work hard every day and Americans, which will not only hurt Speaker, in the Budget Control Act, we play by the rules, you’ll be able to earn those families, but it will hurt the said don’t guess about what’s going to enough to own a home and educate economy by draining their purchasing happen next year. We’re putting a your children and retire with some dig- power from the economy, so let’s ex- number in statute for spending. Don’t nity. It’s the American Dream. tend that Tax Code. We did manage to guess about what’s going to happen 2 Precious numbers, or large numbers do that for 2 months, and that’s about years down the road for that. We’re of people, rather, are now disbelieving to expire, now, in 27 days. We’ll be back putting a number in statute. And don’t in that because it’s not really hap- at that by the end of the month. guess about another year down the pening in their lives. They’re working Now, if that’s the urgent agenda for road for that, because we are putting a as hard as they can, but they seem to the country, what are we doing today? number in statute. go backwards, not forward, and they What we’re doing today is passing a Look at that, Mr. Speaker. What work so hard. change in budget rules that essentially we’ve chosen to do, instead of just You can’t reignite the American says the following: If you’re really op- guessing about the country’s future, is Dream unless you reignite the middle timistic about what a tax cut might do to do what the American people sent us class, and you can’t reignite the middle to the economy, you can assume that here to do, and that’s legislate on the class unless you reignite small busi- optimism for the purposes of keeping country’s future. Only here can you ness. Small businesses in this country score in the budget. This is like a fam- spend $10 this year, $12 next year and create about two out of every three ily sitting down and planning its budg- call that a cut. I don’t get it. I don’t jobs created in the country. In the last et at the beginning of the year and say- get it, and folks back home don’t get 20 years, 80 percent of the new jobs ing, I think we’re both going to get a it. have been created by businesses that raise this year. You’re a teacher. I’m a Far from being gimmickry, this is are younger than a year old. So new truck driver. I think we’re both going unifying the Federal budget process small businesses are the key to getting to get about a 5 or 10 percent raise, so with what that budget process is for things done. let’s plan the family budget based on millions of families back home around Now, if you talk to small business that. I think scarcely any of the con- the dinner table. And to be clear about people around the country, as we have stituents who send us here would ever the Pro-Growth Budgeting Act, Mr. in our districts, here’s what they’ll tell draft their family budget in that way. Speaker, because I want to make sure you: Their number one concern these If this rule goes through, that’s the that my friend from Florida and I are days is they don’t have enough cus- way we’ll draft the Federal budget. working on the same information, the tomers. There’s not enough people eat- It has become an article of faith, reli- Pro-Growth Budgeting Act does not ing in their restaurants or buying gious orthodoxy on the Republican side change the CBO baseline process at all, goods in their stores or buying the that tax cuts produce higher revenues. not at all. The same score that CBO manufactured goods that they do or At best, the evidence is ambiguous. would have done for legislation yester- buying the software code that they Most the time it doesn’t. Maybe some- day, they’re going to do that same write. They need more customers. times it does, but I don’t think—I score for legislation tomorrow if the So 147 days ago, 147 days ago, the think we should respect the establish- Pro-Growth Budgeting Act becomes President of the United States came to ment clause of the Constitution and law. What will be different is—and I this Chamber and said we ought to do separate church and State. If the Re- love this about the direction of this four things to stimulate customers for publican religion is the tax cuts always Congress, Mr. Speaker. The difference those small businesses and grow the produce more revenue, I don’t think we will be the American people will have a middle class: should write that religion into the law new piece of information to add to the First, he said, we should repair our of the country because it’s not always old baseline, a new piece of informa- Nation’s aging bridges and railroads right. tion. and highways and put construction During the discussion yesterday with b 1300 workers back to work, and building the Congressional Budget Office, we Now, beyond that, if we go home to schools in the process. The Congress got the CBO baseline, but we also got our constituents, our middle class fam- has never voted on that proposal. additional information—what would ilies, our businesses, and they ask: The second thing the President said happen if you extended tax cuts, what What did you do this week? is, when a small business hires people, would happen if you did alternative The SPEAKER pro tempore. The their taxes should be cut, so a tax cut things called the alternative baseline. time of the gentleman has expired. for small businesses that hire Ameri- The Pro-Growth Budgeting Act says Mr. HASTINGS of Florida. I yield the cans. The Congress has never voted on let’s build on that. Because, in these gentleman an additional 1 minute. that proposal. times, we can’t afford to have any Mr. ANDREWS. They ask: What did The third thing that he said is, be- stone unturned for economic growth you do this week? Did you get any bills cause of the economic distress of our for this country; and we certainly can’t that would bring more customers in? country, cities, counties, and States afford to continue, as this town has Did you help me grow more jobs? are laying off police officers, fire- done far too long if we’re candid with Now, here’s what we did: We adjusted fighters, teachers, which hurts public ourselves, far too long, keeping the the CBO baseline for the consideration American people in the dark about safety and hurts education. But it also of future revenue policies of the United Federal budgeting issues. hurts businesses, because police offi- States. These two bills, again, these are just cers and firefighters and teachers, This is a very interesting graduate the first of 10 bills that will be coming without a paycheck, aren’t going to be school debate. Maybe some day if we’re to this floor, Mr. Speaker. But these buying things in the stores or eating in flush with cash again it would be a two bills shine a spotlight on the Fed- the restaurants or spending their good policy debate. It is the wrong bill eral budget process in ways that we money. The President said let’s take at the wrong time, and it shouldn’t be can all be proud, and I can discuss that some money and help States and local- on the House floor. even further later on. ities rehire and put those teachers Let’s at least put up for a vote the I reserve the balance of my time. back in the classroom and put those four specific ideas brought to this Mr. HASTINGS of Florida. Mr. firefighters back on the apparatus and Chamber by the President of the Speaker, I yield 5 minutes to my good put those cops back on the beat. We’ve United States to regrow the middle friend, the gentleman from New Jersey never voted on that proposal. class and put Americans back to work. (Mr. ANDREWS). And finally, the President said, look, And when we’ve done the real job that (Mr. ANDREWS asked and was given we cut Social Security taxes, we cut we’re sent here to do, then we can get permission to revise and extend his re- the payroll tax for really all working to the graduate school seminar on con- marks.) Americans in 2010, at the end of 2010, gressional budgeting.

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.028 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H391 Mr. WOODALL. Mr. Speaker, I yield Mr. ANDREWS. I thank the gen- Again, these are issues that we agree myself such time as I may consume. tleman for his friendship and his com- on across the aisle, Mr. Speaker. It’s I always enjoy listening to my friend pliment, and it’s a pleasure to serve important that we look at the same from New Jersey because inevitably I with him. I would just ask him on the facts. When we look at the same facts, agree with about the first six things he specifics: Do you favor a tax cut for even as we are today, we can some- says. All of the facts on which he bases small businesses that hire people? times come to different conclusions. his conclusions, I agree on. And I just Mr. WOODALL. Reclaiming my time, What these two bills do today is just reach a completely different set of con- I absolutely believe that our small make sure that we’re looking at the clusions. businesses are overtaxed today. As the same set of facts—not just us, but all My friend said that one of the chal- gentleman knows, I’ve introduced the of the American people. lenges we have in America is that folks most cosponsored piece of fundamental I reserve the balance of my time. think that they’re working as hard as tax reform legislation in this House, Mr. HASTINGS from Florida. Mr. they can but they’re going backwards another version of which has been in- Speaker, I have the privilege of having instead of forwards. I get that in my troduced in the Senate, and has more our next speaker be the ranking mem- district, too. I think the gentleman is cosponsors than any other fundamental ber of the Budget Committee to discuss absolutely right. Hope is so powerful in reform bill in the Senate. And what these budgetary matters that have this country, when we lose that hope, does that bill do—called the FAIR Tax, been discussed by my friend on the we really get ourselves in a world of H.R. 25, Mr. Speaker, in the House—it other side of the aisle. hurt. I think the gentleman is abso- abolishes small business taxes entirely. But, Mr. Speaker, if we defeat the lutely right. It recognizes the economic truth that previous question, I will offer an The gentleman says we can’t get the businesses don’t pay taxes, consumers amendment to the rule to ensure that economy back on track unless we get pay taxes. the House votes on H.R. 3558, Mr. VAN our small businesses moving again. The I absolutely agree, I don’t want to HOLLEN’s proposal to make sure that gentleman is absolutely right. I know just do a cut, I would say to my friend. Members of Congress do not receive a it to be true. I see it in my Chambers I want to abolish those taxes alto- cost-of-living adjustment to our pay in of Commerce, Mr. Speaker. gether. 2013. But what then? Agreeing that the And what Congressman PRICE’s Pro- At this time, I’m pleased to yield 3 American people are working as hard Growth Budgeting Act would do is minutes to the gentleman from Mary- as they can, and they feel like they’re share with the American people, be- land (Mr. VAN HOLLEN), and more time, going backwards. Agreeing that the cause we know that’s going to lose if needed. small business community is working money in year one because we’re cut- Mr. VAN HOLLEN. Mr. Speaker, I as hard as it can, but it can’t find ting taxes. The only way the govern- thank my colleague, Mr. HASTINGS. Be- enough consumers. What’s the answer? My friend from New Jersey laid out, ment gets money is from taxes. You re- fore I say a word about the legislation as my President did, four giant spend- duce taxes, that’s a loss in year one. which Members of Congress would have ing initiatives with borrowed money What that bill would do, Mr. Speaker, an opportunity to vote on if we defeat that he believes if only the Federal is provide the secondary impact, the the previous question, I just want to Government would get involved in, we tertiary impact, share with the Amer- say a word about the bills that are the could regenerate those two needy ican people. subject of the rule here today. areas. And my constituents tell me ex- Well, what happens in year two? It’s Mr. HOYER. Would my friend yield? actly the opposite, Mr. Speaker. like going to college, Mr. Speaker. Mr. VAN HOLLEN. I would be very My constituents say: ROB, if only the When you go to college, you lose happy to yield to Mr. HOYER. Federal Government were not involved money. It’s a drain on your bank ac- Mr. HOYER. I thank Mr. VAN HOLLEN in my life, if only the Federal Govern- count. And if you equate the drain on for yielding. ment were not borrowing all of this your bank account of going to college If Members in fact, not for political money, if only the Federal Government the same as the drain on your bank ac- gamesmanship, want to vote to re- would leave us alone and let us suc- count of going to McDonald’s, you’re strain and eliminate their COLA this ceed. The government is not the solu- going to make some bad decisions. year, they have an opportunity to do tion, they tell me; the government is You’ve got to know the impact of those that segregated from any other issue the problem. down the road. on the previous question. I would urge These two bills today, sadly, I again Mr. ANDREWS. Will the gentleman Members, if they want to cap congres- agree with my friend, do nothing to yield? sional salaries next year at current lev- stop the government from being a prob- Mr. WOODALL. I am happy to yield els, they vote against the previous lem. And in fairness, the Budget Com- to my friend. question when it is called. mittee is not in that business. The Mr. ANDREWS. I’m familiar with his Mr. VAN HOLLEN. I thank Mr. Budget Committee is in the planning of FAIR Tax. I respectfully disagree be- HOYER. the financial future business. We need cause I think it imposes a national Reclaiming my time, with respect to the authorizing committees to actually sales tax, which I don’t support. But let the two bills that are the subject of shrink the size and scope of govern- me ask two further questions, and I this rule, we are going to have more ment. thank him for his time. time to debate them later. I would just But what these two bills do, and it Do you think that we should put up say to my friend from Georgia (Mr. troubles me, candidly, it troubles me for a vote the idea of cutting taxes for WOODALL) that the American people that it’s even an area of debate. What small businesses that hire people, and would love to be able to wish away in- these two bills do is one thing and one if so, how would you vote on it? flation. I just came from a hearing in thing only, and that’s provide addi- Mr. WOODALL. Reclaiming my time, the Budget Committee. I’m sure the tional arrows in the quiver of informa- and seeing the ranking member of the Chairman of the Federal Reserve would tion that we provide to the American Budget Committee sitting there to my love to be able to wish away inflation. people about the American fiscal situa- friend’s right, I look forward—and What the gentleman is proposing is tion. speaking candidly to the gentleman, if that we put together a budget that, un- And on days like today, Mr. Speaker, we bring a budget to this floor that fortunately, would get more and more with challenges like we have today, the doesn’t allow us a vote on cutting ex- misleading over time, a baseline for American people deserve the truth. It’s actly the kind of taxes you’re talking our budget, because it would simply not always easy to say it, but we owe about, not only will I be disappointed, wish away inflation. it to them to say it, and these two bills I’ll be voting ‘‘no.’’ We’re absolutely With respect to the other bill, as move us in that direction. going to bring a budget to the floor some of my colleagues, including the Mr. ANDREWS. Would the gentleman that is going to cut those taxes, that is gentleman from Florida (Mr. HAS- yield? going to lower the burden on the Amer- TINGS), have pointed out, what it does Mr. WOODALL. I would be happy to ican taxpayer so that we can get this is create this mirage that somehow by yield to my friend. economy going again. providing tax breaks for folks at the

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.030 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H392 CONGRESSIONAL RECORD — HOUSE February 2, 2012 very top, you’re going to get the econ- the Senate will not take up the piece of Mr. Speaker, with that, I would say omy moving when in fact the most re- legislation that the House passed yes- to my friend, I don’t have any other cent Congressional Budget Office anal- terday because many of them may not speakers. I am prepared to close if my ysis shows that at the end of the 10- want to punish Federal employees. At friend is. year period, if you do that, because you the same time, this provision that I reserve the balance of my time. add more to the deficit, you actually we’re offering, being a clean up-or- Mr. HASTINGS of Florida. I’m pre- slow down economic growth. Unfortu- down vote, the Senate would have to pared to close, and I yield myself such nately, the way they’ve got this make a judgment as to whether or not time as I may consume. framed, we don’t get that analysis. to vote up or down on the question of Mr. Speaker, I genuinely enjoy work- Now, Mr. Speaker, there’s one thing congressional pay. ing with my good friend from Georgia that we can do to show families across So I hope all of our colleagues will (Mr. WOODALL). He not only brings pas- the country that we get it, that we re- vote to defeat the previous question so sion to the job, but an extraordinary alize that they’re struggling, and that we can send this important message intellect. We serve together there on is, every Member of Congress should and make this statement. the Rules Committee. set an example by voting for legisla- Mr. WOODALL. Mr. Speaker, I yield And I don’t mean to make light of tion that says in these tough times, we myself such time as I may consume to the fact of what he just got through are not going to take for ourselves a again find areas of agreement with my saying about our telling the American cost-of-living increase. If Members vote colleagues. public that we know that there are no to defeat the previous question, they’ll I, too, don’t know what will happen large amounts of funds available be- have an opportunity to vote up or down with the very fine piece of legislation cause we—and I like the fact that he on it. we sent to the Senate yesterday. If ex- said ‘‘we’’—put things off, but I can’t Now, as Mr. HOYER said, yesterday perience is any indicator, it will sit ignore the fact that a large part of that there was a piece of legislation on the there and do nothing, as have all the putting things off came about by virtue floor that said we’re only going to other fine pieces of job-creation legis- of our being in Iraq and Afghanistan limit the COLA for Members of Con- lation that we’ve sent to the Senate. I and spending $1 trillion with borrowed gress if we also punish other Federal take no pleasure in that, but I share money that we did not have and not employees who have been serving this the gentleman’s frustration with fear- going to the American people and ask- country, employees who have already ing that fate. ing that we sacrifice to pay for them. contributed in the last 2 years $60 bil- I also share the gentleman’s belief Seventy-five billion of it came from lion to reducing the deficit, folks like that we need to show the American passing a Medicare prescription plan people in the intelligence community people sitting around the dinner table that we did not pay for. And there are who helped track down Osama bin that we get it. But when Congress sits other measures—and I can cite what Laden and folks who were helping pro- around the committee table to budget, the Democrats and Republicans are we say, okay, if rent is $1,000 this year, tect the safety of the food supply. fond of saying and what my mother let’s just go ahead and plan to pay said to me, which was true. When she b 1310 $1,100 next year and then $1,200 the was alive, she said, well, if Clinton is The SPEAKER pro tempore. The year after that and $1,300 the year after going to blame Bush and Bush is going time of the gentleman has expired. that. Let’s just plan to do it. Let’s just to blame Carter and Carter is going to Mr. HASTINGS of Florida. I yield the guess the money is going to be there. gentleman 30 additional seconds. But that’s not what the American blame Nixon, why don’t you all just Mr. VAN HOLLEN. I thank the gen- families get to do. American families blame George Washington and get it all tleman. have to say, if rent is $1,000 this year over with if you keep pointing back to I think we should be willing to stand and rent goes to $1,100 next year, I’ve somebody else. up in front of the American people and got to find something to cut. I’m not But now the rubber has hit the road. just have a clean up-or-down vote, just getting a pay raise. I don’t see that in- With these two bills, Mr. Speaker, my have a clean up-or-down vote on mak- crease coming through. The economy is friends on the other side want to dras- ing the statement that we Members of not getting better for me. I’ve got to tically reduce essential government Congress understand how people are make those tough choices. programs and, second, to enshrine tax struggling and we’re not going to take Mr. Speaker, if we’re going to be hon- cuts—and I don’t like talking about a cost-of-living increase this year. We est with folks—and we have to be hon- the rich, as it were. My ultimate plan haven’t taken it for the last couple of est with folks—we’ve got to tell them would call for all of us that are better years. The country is still struggling there’s no spigot of money running on off to try and do everything we can to and people are still struggling. Capitol Hill. If there were, it would be help those who are vulnerable in our My friend mentioned American fami- theirs. But there is no spigot of money society and those who are the neediest lies talking around the kitchen table on Capitol Hill. in our society. But there are those who looking at the budget. Let’s show that And it makes me feel so good to be a are in the super category that have not we understand the reality that many of freshman Member in this body—more been paying the kind of taxes that them are facing. Members of Congress importantly, while it might have been many of us pay. You have to put this can afford to lead by example, and I true for the last 50 years that Congress stuff in real terms. hope we will. It will be an important just assumed every year it would spend Last year, I paid $41,000 in income statement, I think, of where this Con- more than it did the last, not this Con- taxes. If people don’t believe that, I’ll gress stands. gress, not my colleagues and I working bring my taxes down here and show it So, again, I thank Mr. HASTINGS for together, Mr. Speaker. What we’ve said to them sometime. Now, I don’t have his leadership. I know at the appro- is we know there are not unlimited investments. I don’t have offshore bank priate time he’s going to call for the funds. We know the American people accounts. I don’t have any stock and previous question. If you want to vote don’t have more to contribute. We any bonds, but the simple fact of the to make sure that we pass legislation know that the time for tough choices matter is a lot of Americans are in the to not provide cost-of-living increase was before, but it was put off, it was same category as myself. But they raises to Members of Congress, then delayed and it was ignored, and the want to give tax cuts to those who are you should vote to defeat the previous time for tough choices then falls to us. wealthy, who paid less than I did and question. Vote ‘‘no’’ on the previous And we’ve been making them. It’s not less than people making $50,000 did. question. been easy. It’s not areas that we al- And to my way of thinking, that’s just The SPEAKER pro tempore. The ways find agreement on, but we battle not fair, and that’s all that America is time of the gentleman has again ex- through it. When we get to the end of looking for is a level playing field, not pired. the day, we spent less in 2011 than we one that gives the wealthiest more and Mr. HASTINGS of Florida. I yield the did in 2010 in our appropriations bills. the poor less. gentleman 15 additional seconds. We spent less in 2012 than we did in If they achieve these changes, they’ll Mr. VAN HOLLEN. The last point I 2011, and I hope that’s something that succeed in creating a budget process would make is that it’s very possible the American people will be proud of. that overwhelmingly favors tax cuts

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.031 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H393 for those that are wealthier while cre- being sheriff; it is all got-to-happen Mr. CONNOLLY of Virginia. Mr. Speaker, I ating near impossible hurdles for ordi- kind of business. But when he made his urge my colleagues to oppose the previous nary programs to keep pace with the budget year after year after year, even question to allow us to bring up H.R. 3858, rate of inflation and, thus, stay in busi- though lives were literally hanging in which would freeze salaries for Members of ness, while Republicans cry that it’s the balance, he didn’t get to assume he Congress for another year through 2013. still alive. Millions of other Americans could spend more next year than he did I have consistently supported and voted for will still be struggling to find jobs, to the year before. He had to justify each freezing member salaries, yet I along with 116 pay off their students loans, to access and every dollar. other members—in bipartisan fashion—op- affordable health care and decent hous- And that’s important because the posed a bill last night that the Republican ing, and to survive in an economy that budget process is convoluted. We’re Leadership mischaracterized as doing just favors those who have the most rather doing our best to make it simpler, but that. In fact, that bill was nothing more than a than those who have the least, favors folks might not understand exactly Trojan Horse to allow House Republicans to those who are the greediest rather than what’s at the heart of these issues. And once again use federal employees as a those who are the neediest. when it comes to this Baseline Reform punching bag. Dr. Frankenstein was eventually re- Act, Mr. Speaker, what it’s saying is, if My Republican colleagues thought they pulsed by the monster that he created. the law of the land has a program, let’s were being clever by pairing a continued These technical changes to the budget say we’re buying flags to fly over the freeze on member pay with a continued freeze process are equally repulsive, for they United States Capitol, if that program on federal employees. As one reporter cor- is slated to last for 10 years, the CBO add up to a system of government rectly pointed out, it was nothing more than a will fund it for 10 years, they will esti- spending that is helpful to those who cynical, political dare from House Republicans mate it for 10 years. If it’s estimated to need it the least and harmful to those so they could run ‘‘gotcha’’ ads against those last for 5 years, CBO will estimate it who need it the most. who opposed it. for 5 years. And if it’s supposed to last Tying our hands in convoluted knots Of course, the Republican leadership con- for 1 year, they’ll do it for 1 year. What in order to advance a conservative ide- veniently ignores the fact that our dedicated they won’t do is say that just because ology is not the way to run an honest, federal employees already have had their pay the entire Congress is spending $50 mil- objective, transparent, and open budget frozen for two years, contributing $60 billion to lion, that next year the Congress will process. I urge my colleagues to vote our deficit reduction efforts. be able to spend $60 million because of ‘‘no’’ against this rule. Just 14 percent of our 2.3 million federal inflation. What it says is: don’t guess. employees live within the National Capital re- Mr. Speaker, I ask unanimous con- If the Congress wants to speak to sent to insert the text of the previous how much money should be spent, the gion. The rest provide vital services in commu- question amendment in the RECORD Congress should speak. And in fact we nities throughout America every day. They along with the extraneous material im- do, day in and day out, mandatory guard our borders, protect the safety of airline mediately prior to the vote on the pre- spending, appropriation spending. But travel, fight forest fires, and track down online vious question. the CBO should not be asked to guess. child predators. So following the cynical ap- The SPEAKER pro tempore. Is there If you want to know what the chal- proach of House Republicans, one might objection to the request of the gen- lenge is, Mr. Speaker, we heard it in argue that passage of last night’s bill could aid tleman from Florida? the Budget Committee yesterday when and abet terrorists, cross-border gun runners, There was no objection. the CBO Director came to testify. We and child pornographers, right? Mr. HASTINGS of Florida. Mr. talk so much about the Bush-Obama The public holds us responsible for getting Speaker, I urge my colleagues to vote tax cuts expiring. If we kept them all, our fiscal house in order, and it is appropriate ‘‘no’’ and defeat the previous question. if we kept all of the tax cuts—in fact, that we continue the pay freeze on member I urge a ‘‘no’’ vote on the rule, and I if we went back to the tax cuts that ex- salaries given the current situation. Continuing yield back the balance of my time. pired in 2011 and we brought those to go after our civilian workforce not only dam- Mr. WOODALL. Mr. Speaker, I yield back, too, reduced the American tax- ages the public service profession, but it also myself such time as I may consume to payers’ burden to the tune of every sin- puts at risk those services on which our public say I’m a few years younger than my gle tax cut that’s on the books, Amer- relies on a daily basis. friend from Florida. I didn’t get the ica’s tax burden would still be higher The material previously referred to benefit of the ‘‘Let’s Pretend’’ radio over the next decade than it has been by Mr. HASTINGS of Florida is as fol- program that he had in his day, but I historically over the last 50 years, if we lows: feel like I’ve had a little dose of ‘‘Let’s kept them all. AN AMENDMENT TO H. RES. 534 OFFERED BY MR. Pretend’’ here on the floor today. What if you let them go away, Mr. HASTINGS OF FLORIDA b 1320 Speaker? If you let all those tax cuts At the end of the resolution, add the fol- go away, America’s tax burden would lowing new sections: I feel a kinship with my friend and rise to the highest level in 50 years, the SEC. 3. Immediately upon adoption of this resolution the Speaker shall, pursuant to what that must have been like to hear single highest level in 50 years. How that because what we have heard here clause 2(b) of rule XVIII, declare the House much debt would we pay back if we resolved into the Committee of the Whole on the floor is, let’s pretend that raise the American tax burden that there’s not a serious crisis that we House on the state of the Union for consider- high, Mr. Speaker? Not one penny. Not ation of the bill (H.R. 3858) to provide that have to get our arms around. Let’s pre- one penny. How much of our deficit Members of Congress shall not receive a cost tend that we do have the money to would we get rid of? Would we be able of living adjustment in pay during 2013. The spend more and more and more each to finally have at least 1 year of a bal- first reading of the bill shall be dispensed and every year. Let’s pretend that if we anced budget? No. We can raise the with. All points of order against consider- give the American taxpayer more in- American tax burden, Mr. Speaker, to ation of the bill are waived. General debate formation with which to make in- shall be confined to the bill and shall not ex- the highest level in the last 50 years, ceed one hour equally divided among and formed decisions, that will somehow do and we still wouldn’t balance this us harm. controlled by the chair and ranking minority budget. member of the Committee on House Admin- Mr. Speaker, these bills are about Mr. Speaker, the challenge is not rev- istration and the chair and ranking minority common sense. These bills are about enue. The challenge is spending. And member of the Committee on Oversight and ending the Washington double-speak these two bills make sure that both on Government Reform. After general debate that has been a frustration to folks the revenue side and the spending side the bill shall be considered for amendment back home for far, far too long. the American taxpayer has access to under the five-minute rule. All points of I’m joined here on the floor by Sher- absolutely every bit of information order against provisions in the bill are iff RICH NUGENT from Florida, one of they need to make good decisions. waived. At the conclusion of consideration of my freshman colleagues here in this the bill for amendment the Committee shall With that, Mr. Speaker, I again ask rise and report the bill to the House with body, Mr. Speaker. And as a sheriff, he my colleagues for their strong support such amendments as may have been adopted. told us in the Rules Committee yester- of this rule and their strong support for The previous question shall be considered as day he had some pretty serious respon- the two underlying pieces of legisla- ordered on the bill and amendments thereto sibilities. There are no easy parts of tion. to final passage without intervening motion

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.033 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H394 CONGRESSIONAL RECORD — HOUSE February 2, 2012 except one motion to recommit with or with- jection of the motion for the previous ques- Meehan Renacci Smith (NE) out instructions. If the Committee of the tion on a resolution reported from the Com- Mica Ribble Smith (TX) Whole rises and reports that it has come to mittee on Rules, control shifts to the Mem- Miller (FL) Rigell Southerland no resolution on the bill, then on the next ber leading the opposition to the previous Miller (MI) Rivera Stearns Miller, Gary Roby Stivers legislative day the House shall, immediately question, who may offer a proper amendment Mulvaney Roe (TN) Stutzman after the third daily order of business under or motion and who controls the time for de- Murphy (PA) Rogers (AL) Sullivan clause 1 of rule XIV, resolve into the Com- bate thereon.’’ Myrick Rogers (KY) Terry mittee of the Whole for further consideration Clearly, the vote on the previous question Nadler Rogers (MI) Thompson (PA) of the bill. on a rule does have substantive policy impli- Neugebauer Rohrabacher Thornberry SEC. 4. Clause 1(c) of rule XIX shall not cations. It is one of the only available tools Noem Rokita Tiberi apply to the consideration of the bill speci- for those who oppose the Republican major- Nugent Rooney Tipton fied in section 3 of this resolution. Nunes Ros-Lehtinen Turner (NY) ity’s agenda and allows those with alter- Nunnelee Roskam Turner (OH) native views the opportunity to offer an al- Olson Ross (FL) Upton (The information contained herein was ternative plan. Palazzo Royce Walberg provided by the Republican Minority on mul- Mr. WOODALL. Mr. Speaker, I yield Paulsen Runyan Walden tiple occasions throughout the 110th and Pearce Ryan (WI) Walsh (IL) 111th Congresses.) back the balance of my time and move Pence Scalise Webster the previous question. Petri Schilling West THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The Pitts Schmidt Westmoreland IT REALLY MEANS Platts Schock Whitfield This vote, the vote on whether to order the question is on ordering the previous Poe (TX) Schweikert Wilson (SC) previous question on a special rule, is not question. Pompeo Scott (SC) Wittman merely a procedural vote. A vote against or- The question was taken; and the Posey Scott, Austin Womack dering the previous question is a vote Speaker pro tempore announced that Price (GA) Sensenbrenner Woodall against the Republican majority agenda and Quayle Sessions Yoder the noes appeared to have it. Reed Shimkus Young (AK) a vote to allow the opposition, at least for Mr. HASTINGS of Florida. Mr. Rehberg Shuster Young (FL) the moment, to offer an alternative plan. It Speaker, on that I demand the yeas Reichert Simpson Young (IN) is a vote about what the House should be de- and nays. bating. NAYS—177 Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. Ackerman Fudge Pallone House of Representatives (VI, 308–311), de- The SPEAKER pro tempore. Pursu- Altmire Garamendi Pascrell scribes the vote on the previous question on ant to clause 8 and clause 9 of rule XX, Andrews Gonzalez Pastor (AZ) the rule as ‘‘a motion to direct or control the this 15-minute vote on ordering the Baca Green, Al Payne consideration of the subject before the House previous question will be followed by 5- Baldwin Green, Gene Pelosi Barrow Grijalva Perlmutter being made by the Member in charge.’’ To minute votes on adoption of the resolu- defeat the previous question is to give the Bass (CA) Gutierrez Peters opposition a chance to decide the subject be- tion, if ordered, and the motion to in- Becerra Hahn Peterson struct conferees on H.R. 3630. Berkley Hanabusa Pingree (ME) fore the House. Cannon cites the Speaker’s Berman Hastings (FL) Polis ruling of January 13, 1920, to the effect that The vote was taken by electronic de- Bishop (GA) Heinrich Price (NC) ‘‘the refusal of the House to sustain the de- vice, and there were—yeas 238, nays Bishop (NY) Higgins Quigley mand for the previous question passes the 177, not voting 17, as follows: Blumenauer Himes Rahall control of the resolution to the opposition’’ Boren Hinojosa Rangel [Roll No. 21] in order to offer an amendment. On March Boswell Hirono Reyes 15, 1909, a member of the majority party of- YEAS—238 Brady (PA) Hochul Richardson Brown (FL) Holden Richmond fered a rule resolution. The House defeated Adams Denham Hensarling Butterfield Holt Ross (AR) the previous question and a member of the Akin Dent Herger Capps Hoyer Ruppersberger opposition rose to a parliamentary inquiry, Alexander DesJarlais Herrera Beutler Capuano Inslee Rush asking who was entitled to recognition. Amash Diaz-Balart Huelskamp Cardoza Jackson (IL) Ryan (OH) Speaker Joseph G. Cannon (R–Illinois) said: Amodei Dold Huizenga (MI) Carnahan Jackson Lee Sa´ nchez, Linda Austria Dreier Hultgren Carney (TX) T. ‘‘The previous question having been refused, Bachmann Duffy Hunter the gentleman from New York, Mr. Fitz- Castor (FL) Johnson (GA) Sanchez, Loretta Bachus Duncan (SC) Hurt Chandler Johnson, E. B. Sarbanes gerald, who had asked the gentleman to Barletta Duncan (TN) Issa Chu Keating Schakowsky yield to him for an amendment, is entitled to Bartlett Ellmers Jenkins Cicilline Kildee Schiff the first recognition.’’ Barton (TX) Emerson Johnson (IL) Clarke (MI) Kind Schrader Because the vote today may look bad for Bass (NH) Farenthold Johnson (OH) Clarke (NY) Kissell Schwartz the Republican majority they will say ‘‘the Benishek Fincher Johnson, Sam Clay Kucinich Scott (VA) Berg Fitzpatrick Jones Cleaver Larsen (WA) Scott, David vote on the previous question is simply a Biggert Flake Jordan vote on whether to proceed to an immediate Cohen Larson (CT) Serrano Bilbray Fleischmann Kelly Connolly (VA) Lee (CA) Sewell vote on adopting the resolution . . . [and] Bilirakis Fleming King (IA) Conyers Levin Sherman has no substantive legislative or policy im- Bishop (UT) Flores King (NY) Cooper Lewis (GA) Shuler plications whatsoever.’’ But that is not what Black Forbes Kingston Costa Lipinski Slaughter they have always said. Listen to the Repub- Blackburn Fortenberry Kinzinger (IL) Costello Loebsack Smith (WA) lican Leadership Manual on the Legislative Bonner Foxx Kline Courtney Lofgren, Zoe Speier Bono Mack Franks (AZ) Labrador Critz Lowey Stark Process in the United States House of Rep- Boustany Frelinghuysen Lamborn resentatives, (6th edition, page 135). Here’s Crowley Luja´ n Sutton Brady (TX) Gallegly Lance Cuellar Lynch Thompson (CA) how the Republicans describe the previous Brooks Gardner Landry Cummings Maloney Thompson (MS) question vote in their own manual: ‘‘Al- Broun (GA) Garrett Lankford Davis (CA) Markey Tierney though it is generally not possible to amend Buchanan Gerlach Latham Davis (IL) Matsui Tonko the rule because the majority Member con- Bucshon Gibbs LaTourette DeFazio McCarthy (NY) Towns trolling the time will not yield for the pur- Buerkle Gibson Latta DeGette McCollum Tsongas Burgess Gingrey (GA) Lewis (CA) DeLauro McDermott Van Hollen pose of offering an amendment, the same re- Burton (IN) Gohmert LoBiondo sult may be achieved by voting down the pre- Deutch McGovern Vela´ zquez Calvert Goodlatte Long Dicks McIntyre Visclosky vious question on the rule. . . . When the Camp Gosar Lucas Dingell McNerney Walz (MN) motion for the previous question is defeated, Campbell Gowdy Luetkemeyer Doggett Meeks Wasserman control of the time passes to the Member Canseco Granger Lummis Donnelly (IN) Michaud Schultz who led the opposition to ordering the pre- Cantor Graves (GA) Lungren, Daniel Doyle Miller (NC) Waters vious question. That Member, because he Capito Graves (MO) E. Edwards Miller, George Watt Carter Griffin (AR) Manzullo Ellison Moore Waxman then controls the time, may offer an amend- Cassidy Griffith (VA) Marchant ment to the rule, or yield for the purpose of Engel Moran Welch Chabot Grimm Marino Eshoo Murphy (CT) Wilson (FL) amendment.’’ Chaffetz Guinta Matheson Farr Napolitano Wolf In Deschler’s Procedure in the U.S. House Coble Guthrie McCarthy (CA) Fattah Neal Woolsey of Representatives, the subchapter titled Coffman (CO) Hall McCaul Frank (MA) Owens Yarmuth ‘‘Amending Special Rules’’ states: ‘‘a refusal Cole Hanna McClintock to order the previous question on such a rule Conaway Harper McCotter NOT VOTING—17 Cravaack Harris McHenry [a special rule reported from the Committee Crawford Hartzler McKeon Aderholt Filner Kaptur on Rules] opens the resolution to amend- Crenshaw Hastings (WA) McKinley Braley (IA) Hinchey Langevin ment and further debate.’’ (Chapter 21, sec- Culberson Hayworth McMorris Carson (IN) Honda Mack tion 21.2) Section 21.3 continues: ‘‘Upon re- Davis (KY) Heck Rodgers Clyburn Israel

VerDate Mar 15 2010 00:14 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.004 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H395 Olver Rothman (NJ) Sires Paulsen Rooney Sullivan The result of the vote was announced Paul Roybal-Allard Smith (NJ) Pearce Ros-Lehtinen Terry Pence Roskam Thompson (PA) as above recorded. Petri Ross (FL) Thornberry A motion to reconsider was laid on b 1349 Pitts Royce Tiberi the table. Ms. WASSERMAN SCHULTZ and Ms. Platts Runyan Tipton Stated for: Poe (TX) Ryan (WI) Turner (NY) RICHARDSON changed their vote from Pompeo Scalise Turner (OH) Mr. AKIN. Mr. Speaker, on rollcall No. 22, I ‘‘yea’’ to ‘‘nay.’’ Posey Schilling Upton was detained briefly for the vote. If I’d been in So the previous question was ordered. Price (GA) Schmidt Walberg Chamber I would have voted ‘‘aye.’’ Quayle Schock Walden The result of the vote was announced Reed Schweikert Walsh (IL) Stated against: as above recorded. Rehberg Scott (SC) Webster Mr. FILNER. Mr. Speaker, on rollcall No. 22, Stated against: Reichert Scott, Austin West I was away from the Capitol due to prior com- Mr. FILNER. Mr. Speaker, on rollcall 21, I Renacci Sensenbrenner Westmoreland mitments to my constituents. Had I been Ribble Sessions Whitfield was away from the Capitol due to prior com- Rigell Shimkus Wilson (SC) present, I would have voted ‘‘no.’’ mitments to my constituents. Had I been Rivera Shuster Wittman Ms. HIRONO. Mr. Speaker, on rollcall No. present, I would have voted ‘‘nay.’’ Roby Simpson Wolf 22, had I been present, I would have voted Roe (TN) Smith (NE) Womack Mr. BRALEY of Iowa. Mr. Speaker, on roll- Rogers (AL) Smith (TX) Woodall ‘‘no.’’ call No. 21, I put my card in the machine and Rogers (KY) Southerland Yoder f voted ‘‘nay,’’ but my vote was not recorded. Rogers (MI) Stearns Young (AK) The SPEAKER pro tempore. The Rohrabacher Stivers Young (FL) Rokita Stutzman Young (IN) MOTION TO INSTRUCT CONFEREES question is on the resolution. ON H.R. 3630, TEMPORARY PAY- NOES—179 The question was taken; and the ROLL TAX CUT CONTINUATION Speaker pro tempore announced that Ackerman Fudge Owens ACT OF 2011 the ayes appeared to have it. Altmire Garamendi Pallone Andrews Gonzalez Pascrell The SPEAKER pro tempore. The un- RECORDED VOTE Baca Green, Al Pastor (AZ) finished business is the vote on the mo- Mr. HASTINGS of Florida. Mr. Baldwin Green, Gene Payne tion to instruct on the bill (H.R. 3630) Speaker, I demand a recorded vote. Barrow Grijalva Pelosi Bass (CA) Gutierrez Perlmutter offered by the gentleman from Maine A recorded vote was ordered. Becerra Hahn Peters (Mr. MICHAUD) on which the yeas and The SPEAKER pro tempore. This is a Berkley Hanabusa Peterson nays were ordered. 5-minute vote. Berman Hastings (FL) Pingree (ME) Bishop (GA) Heinrich The Clerk will redesignate the mo- The vote was taken by electronic de- Polis Bishop (NY) Higgins Price (NC) tion. vice, and there were—ayes 238, noes 179, Blumenauer Himes Quigley The Clerk redesignated the motion. not voting 15, as follows: Boswell Hinojosa Rahall Brady (PA) Hochul The SPEAKER pro tempore. The [Roll No. 22] Rangel Braley (IA) Holden Reyes question is on the motion to instruct. AYES—238 Brown (FL) Holt Richardson This is a 5-minute vote. Butterfield Honda Adams Dreier Richmond Johnson (IL) Capps Hoyer The vote was taken by electronic de- Aderholt Duffy Ross (AR) Johnson (OH) Capuano Inslee vice, and there were—yeas 184, nays Alexander Duncan (SC) Ruppersberger Johnson, Sam Cardoza Jackson (IL) Amash Duncan (TN) Rush 236, not voting 12, as follows: Jones Carnahan Jackson Lee Amodei Ellmers Ryan (OH) Jordan Carney (TX) [Roll No. 23] Austria Emerson Sa´ nchez, Linda Kelly Castor (FL) Johnson (GA) Bachmann Farenthold T. YEAS—184 King (IA) Chandler Johnson, E. B. Bachus Fincher Sanchez, Loretta Ackerman DeGette King (NY) Chu Keating Larsen (WA) Barletta Fitzpatrick Sarbanes Altmire DeLauro Kingston Cicilline Kildee Larson (CT) Bartlett Flake Schakowsky Andrews Deutch Kinzinger (IL) Clarke (MI) Kind Lee (CA) Barton (TX) Fleischmann Schiff Baca Dicks Kissell Clarke (NY) Kucinich Levin Bass (NH) Fleming Baldwin Dingell Kline Clay Langevin Schrader Lewis (GA) Benishek Flores Barrow Doggett Labrador Cleaver Larsen (WA) Schwartz Lipinski Berg Forbes Bartlett Donnelly (IN) Lamborn Clyburn Larson (CT) Scott (VA) Loebsack Biggert Fortenberry Bass (CA) Doyle Lance Cohen Lee (CA) Scott, David Lofgren, Zoe Bilbray Foxx Becerra Edwards Landry Connolly (VA) Levin Serrano Lowey Bilirakis Franks (AZ) Berkley Ellison ´ Lankford Conyers Lewis (GA) Sewell Lujan Bishop (UT) Frelinghuysen Berman Engel Latham Cooper Lipinski Sherman Lynch Black Gallegly Bishop (GA) Eshoo Latta Costa Loebsack Shuler Maloney Blackburn Gardner Bishop (NY) Farr Lewis (CA) Costello Lofgren, Zoe Slaughter Markey Bonner Garrett Blumenauer Fattah LoBiondo Courtney Lowey Smith (WA) Matsui Bono Mack Gerlach Boren Frank (MA) Long Critz Luja´ n Speier McCarthy (NY) Boren Gibbs Boswell Fudge Lucas Crowley Lynch Stark McCollum Boustany Gibson Brady (PA) Garamendi Luetkemeyer Cuellar Maloney Sutton McDermott Brady (TX) Gingrey (GA) Braley (IA) Gonzalez Lummis Cummings Markey Thompson (CA) McGovern Brooks Gohmert Brown (FL) Green, Al Lungren, Daniel Davis (CA) Matsui Thompson (MS) McIntyre Broun (GA) Goodlatte Butterfield Green, Gene E. Davis (IL) McCarthy (NY) Tierney McNerney Buchanan Gosar Capps Grijalva Manzullo DeFazio McCollum Tonko Meeks Bucshon Gowdy Capuano Gutierrez Marchant DeGette McDermott Towns Michaud Buerkle Granger Cardoza Hahn Marino DeLauro McGovern Tsongas Miller (NC) Burgess Graves (GA) Carnahan Hall Matheson Deutch McIntyre Van Hollen Miller, George Burton (IN) Graves (MO) Carney Hanabusa McCarthy (CA) Dicks McNerney Vela´ zquez Moore Calvert Griffin (AR) Castor (FL) Hastings (FL) McCaul Dingell Meeks Visclosky Moran Camp Griffith (VA) Chandler Heinrich McClintock Doggett Michaud Walz (MN) Murphy (CT) Campbell Grimm Chu Higgins McCotter Donnelly (IN) Miller (NC) Wasserman Nadler Canseco Guinta Cicilline Himes McHenry Doyle Miller, George Schultz Napolitano Cantor Guthrie Clarke (MI) Hinojosa McKeon Edwards Moore Waters Neal Capito Hall Clarke (NY) Hirono McKinley Ellison Moran Watt Olver Carter Hanna Clay Hochul McMorris Engel Murphy (CT) Waxman Owens Cassidy Harper Cleaver Holden Rodgers Eshoo Nadler Welch Pallone Chabot Harris Clyburn Holt Meehan Farr Napolitano Wilson (FL) Pascrell Chaffetz Hartzler Cohen Honda Mica Fattah Neal Woolsey Pastor (AZ) Coble Hastings (WA) Connolly (VA) Hoyer Miller (FL) Frank (MA) Olver Yarmuth Payne Coffman (CO) Hayworth Miller (MI) Conyers Inslee Pearce Cole Heck Miller, Gary NOT VOTING—15 Cooper Jackson (IL) Pelosi Conaway Hensarling Mulvaney Costa Jackson Lee Perlmutter Akin Hirono Paul Cravaack Herger Murphy (PA) Costello (TX) Peters Carson (IN) Israel Rothman (NJ) Crawford Herrera Beutler Myrick Courtney Johnson (GA) Peterson Davis (KY) Kaptur Roybal-Allard Crenshaw Huelskamp Neugebauer Critz Johnson, E. B. Pingree (ME) Filner LaTourette Sires Culberson Huizenga (MI) Noem Crowley Keating Polis Hinchey Mack Smith (NJ) Denham Hultgren Nugent Cuellar Kildee Price (NC) Dent Hunter Nunes Cummings Kind Quigley DesJarlais Hurt Nunnelee b 1357 Davis (CA) Kissell Rahall Diaz-Balart Issa Olson Davis (IL) Kucinich Rangel Dold Jenkins Palazzo So the resolution was agreed to. DeFazio Langevin Reyes

VerDate Mar 15 2010 01:36 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.005 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H396 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Richardson Serrano Vela´ zquez NOT VOTING—12 Mr. RYAN of Wisconsin. Mr. Chair- Richmond Sewell Visclosky Carson (IN) Israel Paul man, I yield myself such time as I may Ruppersberger Sherman Walz (MN) Filner Jenkins Rothman (NJ) consume. Rush Shuler Wasserman Flores Kaptur Roybal-Allard Ryan (OH) Slaughter Schultz Hinchey Mack Sires Mr. Chairman, it goes without saying Sa´ nchez, Linda Smith (WA) Waters but it unfortunately bears repeating, T. Speier Watt b 1406 our budget process is broken. Sanchez, Loretta Stark Waxman Last year, the Senate didn’t pass the Sarbanes Sutton Welch Ms. LORETTA SANCHEZ of Cali- Schakowsky Thompson (CA) Wilson (FL) fornia changed her vote from ‘‘nay’’ to budget. The year before that, the Sen- Schiff Thompson (MS) Woolsey ‘‘yea.’’ ate didn’t pass the budget. This year, Schrader Tierney Yarmuth So the motion to instruct was re- they may not pass one again. The Schwartz Tonko Young (AK) jected. greatest threat to our economy now Scott (VA) Towns Scott, David Van Hollen The result of the vote was announced and our children’s future is a fiscal as above recorded. threat, a debt threat, and yet we are on NAYS—236 A motion to reconsider was laid on an unsustainable path; and one of the Adams Goodlatte Olson the table. reasons, after the lack of political will Aderholt Gosar Palazzo Stated for: among our colleagues, is the budget Akin Gowdy Paulsen Mr. FILNER. Mr. Speaker, on rollcall 23, I process. It has not been reformed sub- Alexander Granger Pence was away from the Capitol due to prior com- stantially since 1974. As a result, many Amash Graves (GA) Petri Amodei Graves (MO) Pitts mitments to my constituents. Had I been Members of this body have put years Austria Griffin (AR) Platts present, I would have voted ‘‘yea.’’ and hours of effort into fixing this bro- Bachmann Griffith (VA) Poe (TX) Ms. TSONGAS. Mr. Speaker, during rollcall ken process. Bachus Grimm Pompeo vote No. 23 on the Michaud (Maine) motion to I want to say Mr. DREIER, chairman Barletta Guinta Posey of the Rules Committee, and Mr. HEN- Barton (TX) Guthrie Price (GA) instruct, H.R. 3630, I mistakenly recorded my Bass (NH) Hanna Quayle vote as ‘‘nay’’ when I should have voted SARLING, our conference chairman, in Benishek Harper Reed ‘‘yea.’’ I ask unanimous consent that my state- particular have been two individuals Berg Harris Rehberg ment appear in the RECORD following rollcall who have put so much work into this. Biggert Hartzler Reichert vote No. 23. As a result, 10 bills are coming out of Bilbray Hastings (WA) Renacci Bilirakis Hayworth Ribble f the Budget Committee. Ten members Bishop (UT) Heck of the Budget Committee are putting Rigell REMOVAL OF NAME OF MEMBER Black Hensarling Rivera together an effort to fix this broken Blackburn Herger Roby AS COSPONSOR OF H.R. 3764. Federal budget process to bring more Bonner Herrera Beutler Roe (TN) Mr. JACKSON of Illinois. Mr. Speak- accountability, more transparency, and Bono Mack Huelskamp Rogers (AL) Boustany Huizenga (MI) Rogers (KY) er, I ask unanimous consent to have better results so that we can fix this Brady (TX) Hultgren Rogers (MI) my name removed as cosponsor of H.R. problem. Brooks Hunter Rohrabacher 3764. This bill is authored by Dr. PRICE of Broun (GA) Hurt Rokita The SPEAKER pro tempore. Is there Buchanan Issa Georgia, which simply says, while we Rooney objection to the request of the gen- consider large fiscal pieces of legisla- Bucshon Johnson (IL) Ros-Lehtinen Buerkle Johnson (OH) Roskam tleman from Illinois? tion, let’s have the CBO add an anal- Burgess Johnson, Sam Ross (AR) There was no objection. ysis so we know what it does to the Burton (IN) Jones Ross (FL) Calvert f economy. That’s not a lot to ask. A lot Jordan Royce Camp is happening, and we want to make Kelly Runyan PRO-GROWTH BUDGETING ACT OF Campbell King (IA) Ryan (WI) sure that, as we judge large fiscal legis- Canseco 2012 King (NY) Scalise lation, that we have the kind of an Cantor Kingston Schilling Mr. RYAN of Wisconsin. Mr. Speaker, analysis we need to better judge what Capito Kinzinger (IL) Schmidt I ask unanimous consent that all Mem- Carter Kline it does for our economy. Schock Cassidy Labrador bers may have 5 legislative days in Mr. Chairman, I yield the remainder Schweikert Chabot Lamborn which to revise and extend their re- Scott (SC) of my time to the author of this bill, Chaffetz Lance Scott, Austin marks on H.R. 3582. Mr. PRICE. Coble Landry Sensenbrenner The SPEAKER pro tempore. Is there Coffman (CO) Lankford The CHAIR. The gentleman will be Sessions Cole Latham objection to the request of the gen- recognized. Shimkus Conaway LaTourette tleman from Wisconsin? Mr. PRICE of Georgia. Mr. Chairman, Shuster Cravaack Latta There was no objection. Simpson I reserve the balance of my time. Crawford Lewis (CA) Smith (NE) The SPEAKER pro tempore. Pursu- Crenshaw LoBiondo b 1410 Smith (NJ) ant to House Resolution 534 and rule Culberson Long Smith (TX) Davis (KY) Lucas XVIII, the Chair declares the House in Mr. VAN HOLLEN. Mr. Chairman, I Denham Luetkemeyer Southerland the Committee of the Whole House on yield myself such time as I may con- Dent Lummis Stearns the state of the Union for the consider- sume. DesJarlais Lungren, Daniel Stivers Stutzman ation of the bill, H.R. 3582. Let me start by saying to the chair- Diaz-Balart E. man of the Budget Committee and all Dold Manzullo Sullivan b 1405 Dreier Marchant Terry of the members of the Budget Com- Duffy Marino Thompson (PA) IN THE COMMITTEE OF THE WHOLE mittee that we appreciated the dia- Duncan (SC) Matheson Thornberry Accordingly, the House resolved logue that we’ve had on the budget re- Tiberi Duncan (TN) McCarthy (CA) itself into the Committee of the Whole form bills. There is one bill that I un- Ellmers McCaul Tipton Emerson McClintock Tsongas House on the state of the Union for the derstand we’ll take up next week where Farenthold McCotter Turner (NY) consideration of the bill (H.R. 3582) to at least the chairman of the committee Fincher McHenry Turner (OH) amend the Congressional Budget Act of and myself were able to find some bi- Fitzpatrick McKeon Upton 1974 to provide for macroeconomic partisan consensus. That’s the expe- Flake McKinley Walberg Fleischmann McMorris Walden analysis of the impact of legislation, dited procedure, legislative line item Fleming Rodgers Walsh (IL) with Mr. DOLD in the chair. veto bill where you’ve got some Demo- Forbes Meehan Webster The Clerk read the title of the bill. crats and Republicans in favor of it, Fortenberry Mica West The CHAIR. Pursuant to the rule, the and some Democrats and Republicans Foxx Miller (FL) Westmoreland Franks (AZ) Miller (MI) Whitfield bill is considered read the first time. against it. Frelinghuysen Miller, Gary Wilson (SC) The gentleman from Wisconsin (Mr. But with respect to the two bills be- Gallegly Mulvaney Wittman RYAN) and the gentleman from Mary- fore us today, Mr. Chairman, I’m afraid Gardner Murphy (PA) Wolf land (Mr. VAN HOLLEN) each will con- they fall far short. In fact, I think they Garrett Myrick Womack trol 30 minutes. would take us in the wrong direction. Gerlach Neugebauer Woodall Gibbs Noem Yoder The Chair recognizes the gentleman First of all, just to be clear, because Gibson Nugent Young (FL) from Wisconsin. we’ll probably hear a lot of talk today Gingrey (GA) Nunes Young (IN) Gohmert Nunnelee

VerDate Mar 15 2010 01:36 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.009 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H397 about the importance of moving the given by the Joint Tax Committee in Economists from across the political economy forward and jobs: Neither of September of 2011, just last September. spectrum agree that major legislation these bills will do one thing, not one The same conclusion. At the end of the considered by Congress has significant thing to help get our economy moving 10-year period, you’d actually have a effects on economic growth, and we again. They won’t do one thing to cre- slowdown in economic growth. ought to be looking at that con- ate and help create jobs in this coun- So it’s a little perplexing to find out sequence. While current law requires try. why we’re drafting something that the Congressional Budget Office to pro- Now, with respect to this particular would not require a study of one of the vide Congress with information on the piece of legislation that we’re dealing most consequential decisions that this fiscal impact of all legislation that is with now, which actually is a step to- Congress might make. reported from the committee, there is ward requiring some kind of dynamic And so for those reasons, Mr. Chair- no requirement for analysis of the eco- scoring by CBO and the Joint Tax Com- man—one, that we’re not even count- nomic impact. This bill remedies that mittee, it’s very misleading. Here’s the ing the investment side of the equation issue by requiring the Congressional concern. If you look at the current with respect to the consequences for Budget Office to provide macro- House rules, current House rules al- economic growth, and number two, the economic analysis for all bills that ready require that we have an eco- fact that this isn’t even going to trig- have a budgetary impact—this is the nomic analysis for major tax legisla- ger an analysis of one of the biggest threshold—a budgetary impact of more tion. revenue decisions this body will than 0.25 percent of the gross domestic What this particular piece of legisla- make—we have to oppose the bill. product. That equals, Mr. Chairman, tion does is say, yeah, we’re going to I reserve the balance of my time. about $39 billion in 2012. ask for an economic analysis, but it Mr. PRICE of Georgia. Mr. Chairman, This does not change the traditional tilts the playing field in favor of one I yield myself such time as I may con- CBO static scoring method at all. This kind of fiscal action. So, for example, sume. analysis will be in addition to current it says we’re going to consider whether Let me first begin by thanking the law. It gives Members of Congress more or not tax policy affects the economy. chairman of the Budget Committee, information around which they are But when it comes to major invest- Congressman RYAN, who has put in an able to then make appropriate deci- ments, for example, infrastructure, incredible amount of work, diligent sions. transportation, investments that we work and commitment, in reforming Mr. Chairman, it is important to re- all know have historically helped this our broken budget process. He and the member that current policy is what country grow, whether it was the high- entire committee staff have worked has been utilized as a baseline for the way system, whether it’s been invest- tirelessly to bring about more account- administration, for the Simpson- ments in other major infrastructure ability and transparency to this proc- Bowles Commission, for Domenici- around this country, they’ve all had ess. I thank them for that. In fact, all Rivlin. All of those used current policy. major economic growth benefits, but Americans should thank them. This notion that we ought not be using those are specifically excluded to the Budget reforms would also not be in current policy as a baseline is simply extent that they’re involved in the ap- the spotlight were it not for the work folly. In 2011, only six bills met the 0.25 per- propriations process. So we’re looking of a number of Members, but there’s cent GDP threshold, which means that at only one-half of the equation, reve- one Member I would like to acknowl- the CBO ought not be overworked by nues, not important investments, at edge specifically, and that’s our con- having this opportunity to provide least to the extent that they go ference chairman, JEB HENSARLING, greater information to Members of through the appropriations process. who has been steadfast for many years Now, a word on the revenue piece. championing the Family Budget Pro- Congress. Everybody knows that CBO scores in What’s very curious is the way this bill tection Act of 2007 and the Spending the past have been significantly inac- is drafted. We would not get an eco- Deficit and Debt Control Act of 2009 curate. The Medicare Modernization nomic analysis on one of the most con- that focused on reforming our broken Act of 2003 is but one example. The sequential tax changes this body could budget process. CBO estimated that that would cost Mr. Chairman, there is no question take in the remaining year. We all about $206 billion. In fact, it was $124 that our number one priority in this know that we face the question of what billion. Mr. Chairman, that is a huge body must be enacting policies that to do with the expiring tax cuts, the difference. 2001 and 2003 tax cuts, both on middle- help our economy create jobs. It is Past CBO macroeconomic work has income Americans, but also the tax clear that the President’s policies have shown that Federal deficits and tax cuts that disproportionately benefited failed and they are making the econ- rates do, in fact, impact the economy. the folks at the very top, the top 2 per- omy worse. Because the President CBO itself has said: cent. clearly can’t run on his record, he has ‘‘The reduction in Federal borrowing Now, under current House rules, we denigrated into the process of division that would result from smaller deficits get an analysis of any legislation that and envy politics in this country. Ter- would induce greater national saving was designed to extend those tax cuts ribly distressing. and investment and thereby increase going forward. But the way this is de- House Republicans have a plan. We output and income.’’ signed, the statute, we’re going to get have got a jobs plan. It is a plan to put Mr. Chairman, more information an answer that says well, we’re already the American people back to work, and from CBO will highlight the need to act assuming the tax cuts for the folks at so we are delighted to be able to have positively on fiscal policy here in Con- the very top are going to go on forever. an opportunity today to talk about one gress. And maybe as importantly, this Now, the reason that’s very curious is part of that plan. bill will also encourage pro-growth pol- that the Congressional Budget Office The economy is growing way too icy ideas from all of our colleagues has in fact already done analyses in the slowly, as you well know. Not nearly that will help get our economy back on past of what might happen if we were enough jobs are being created, which is track, create jobs, and protect hard- to extend the tax cuts for the folks at one of the reasons that we introduced working taxpayers. the very top. H.R. 3582, the Pro-Growth Budgeting I urge my colleagues to support this And if you look at their analyses, Act, which as my colleague said, could bill, and I reserve the balance of my and they did one in September of 2010, be titled the dynamic scoring act. time. you’ll find at the end of the 10-year pe- As you well know, the current model Mr. VAN HOLLEN. Mr. Chairman, I riod, they find that those tax cuts will for the CBO determines the cost of leg- yield myself such time as I may con- slow down economic growth. Why islative proposals by a static method sume. would that be? Because those tax cuts that doesn’t take into account macro- At the outset of his remarks, Mr. add to the deficit. That deficit crowds economic factors like increasing rev- PRICE referenced the economy and the out private investment. That creates a enue, reducing the deficit, paying down President’s plan. I think it is impor- drag on the economy. We had a similar the debt, things that have economic tant to remember that when the Presi- conclusion from testimony that was consequences in our society. dent came before this body for the first

VerDate Mar 15 2010 01:36 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.043 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H398 CONGRESSIONAL RECORD — HOUSE February 2, 2012 State of the Union address, the econ- politic forever. As my dad used to say, trying to repeal a part of the job-kill- omy was in absolute free fall. In fact, money doesn’t grow on trees. And this ing health care plan of the President. we now know it was even worse than is the ‘‘money grows on trees strat- Well, today is a very modest step. It people realized at the time. We were egy.’’ says, do you know what, before we pass losing GDP at a rate of more than 7 I’m sorry, but my colleagues have another plan like the President’s percent. such a strong bias against any invest- health care plan, wouldn’t it be nice to ments that are not tax cuts; and it get that report from CBO that esti- b 1420 shows a lack of interest in the invest- mated another million of our fellow We were losing over 800,000 jobs in ments, I believe, that really have the countrymen might just lose their jobs. this country every month. And as a re- power to dig us out of this hole we’re Shouldn’t we empower Members of sult of the passage of the recovery bill, in, investments like early childhood Congress with more information? Let’s the Congressional Budget Office, the education. Why don’t we do dynamic get the jobs that the American people same nonpartisan, independent office scoring on that? Health care, what so richly need and deserve. Let’s em- that this bill is asking for a report about scoring the impact of what pro- power Members of Congress to know from, has told Congress that because of viding health care would do in terms of how these pieces of legislation are the recovery bill, we saved or created decreasing the costs to our companies? going to impact jobs and economic up to 3 million jobs in 2010. Those are The CHAIR. The time of the gentle- growth. the facts reported by the Congressional woman has expired. Mr. Chairman, we must pass the Pro- Budget Office, that we helped reduce Mr. VAN HOLLEN. I yield the gentle- Growth Budgeting Act. unemployment in this country in 2011 lady 30 additional seconds. Mr. VAN HOLLEN. Mr. Chairman, I by over 1.4 percent. Ms. MOORE. I hear from all walks of hope if our Republican colleagues are When you’re headed down fast, life that a transportation budget, reau- going to keep asking CBO for these re- you’ve got to stop the slide, pick your- thorizing the transportation budget, ports that they’ll read those reports, self up and begin to climb back up. And would be such a boon to our economy, because if you read the CBO’s analysis that’s what the President and the ear- training people for the 21st-century of the impact of the Recovery Act, lier Congress did together. skills. But yet here’s another backdoor they’ve been very clear that in the Now, are we where we want to be? Of approach to include the Bush-era tax year 2010, it helped save or create up to course not. That’s why it’s important cuts into the baseline, and we already 3 million jobs. That’s what CBO says. that we begin to move forward on the know that that’s $4 trillion worth of It also says in the year 2011, it helped jobs plan the President asked this Con- debt. reduce unemployment by over 1.4 per- gress to take up last September, major By only allowing for the dynamic ef- cent. That’s what the Congressional new investment in infrastructure, stuff fects of tax cuts—not the effect of in- Budget Office says. that will really help move the econ- vestments in a better way of life for us Now we’re asking the Congressional Budget Office for a study here. I think omy. We haven’t voted on that. I hope all—the Republicans are showing their we should take into account in some of we’ll move forward on the payroll tax true colors again. cut extension for 160 million Ameri- Mr. PRICE of Georgia. Mr. Chairman, our comments their findings that cans. We should do that quickly. I’m pleased to yield 2 minutes to the they’ve already delivered to us. With respect to the situation the President So let’s remember that this economy gentleman from Texas (Mr. HEN- inherited, again, the economy was in was in tatters. It has at least gotten a SARLING), our conference chairman. little bit back up on its feet, but we Mr. HENSARLING. I thank the gen- total free fall. Yes, it’s kind of like when you’re try- have a whole, long way to go still. Un- tleman for yielding. I thank him and I ing to run up an escalator that’s going fortunately, this bill today won’t do thank our Budget Committee chairman down really fast. When you first get on, one thing—not a thing—to help it. for their kind words and their great you’re going to go down until you stop With that, I yield 2 minutes to the leadership for fiscal responsibility and it, until you stop it, and then you take gentlelady from Wisconsin (Ms. job growth. action to try to run. You’re trying to MOORE). Mr. Chairman, indeed, on Monday, run in place through the actions you’re Ms. MOORE. Thank you so much, and the American people were reminded, taking. First you don’t feel like you’re I just want to say at the outset what a yet again, that this President’s policies moving up, but we’re finally moving pleasure it is to work with the chair- have failed. It was on Monday when the up. man, the ranking member, and the Congressional Budget Office announced The President inherited an economy members of the Budget Committee that this President is on track to be like an escalator going down very fast. who, I believe, are sincerely committed the first President in American history And we passed a recovery bill. It to try to help deal with the deficit situ- to produce trillion-dollar deficits every stopped the free fall and stabilized the ation. single year that he’s in office. Part of economy. We need to take more steps; But what I find rather baffling, I’ll what has created these trillion-dollar and I wish our colleagues, Republican have to admit, is that my colleagues in deficits is the failed stimulus program, colleagues, would bring to the floor the majority continue to turn a blind which my friends on the other side of some of the bills that will help it. But eye to the power of investing so that the aisle still tout. let’s just remember that for the last 22 we can create a major dynamic econ- The gentleman from Georgia is right: months, we’ve actually created up to 3 omy in human capital and in our infra- because the President can’t run for re- million jobs, in fact, over 3 million jobs structure. Their only interest, almost election on his failed policies, he has, in the economy. Are we where we want to the point of a fetish, is to favor tax unfortunately, resorted to the politics to be? No. But let’s not go back. Let’s cuts as the only ways and means of of division and envy. But, Mr. Chair- not go back to the same policies that growing our economy. And this Pro- man, the American public isn’t inter- got us into this same mess to begin Growth Budgeting Act, H.R. 3582, is ested in a division; they’re not inter- with. just yet another example of that, Mr. ested in envy. They are interested in With that, I yield 2 minutes to the Chairman. jobs. And in that respect, this Presi- gentleman from North Carolina (Mr. This legislation would allow Repub- dent hasn’t just failed; he has made our PRICE) who has been very focused on licans to really understate the effect of economy worse. budget issues for a long time. tax cuts on the deficit—hiding their Almost 2 million more Americans Mr. PRICE of North Carolina. Mr. impact, masking their real cost, and have lost their jobs under this Presi- Chairman, I thank the gentleman for paving the way for extensions and new dent’s policies. We have the longest yielding and want to note that today tax policies that favor tax cuts only. I sustained period of high unemployment we could be debating a jobs package. mean, Republicans are trying to since the Great Depression. One in We could be debating a comprehensive carve—I have to admire their persist- seven are on food stamps. That’s the effort to balance our budget. But in- ence—they want to carve in supply-side reason, Mr. Chairman, that House Re- stead, we’re focusing on a bill to en- economics and ‘‘trickle down,’’ no mat- publicans have a plan for America’s job shrine failed ‘‘trickle-down’’ policies in ter how long it’s failed, into our body creators. Yesterday, we passed a bill our already flawed budget process.

VerDate Mar 15 2010 01:36 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.044 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H399 Now, let’s be clear: this bill is de- Budgeting Act, which will basically eling it uses to score the fiscal impact signed to make it easier to pass large give us that information. of measures coming before us. All that tax cuts without having to find real If this legislation had already been it says is: Give us the complete picture. savings in our current budget. It relies passed, perhaps our economy wouldn’t If a proposal is going to affect the on the thoroughly discredited notion be saddled with the effects of the Presi- economy significantly, for good or ill, that tax cuts do not add to the deficit, dent’s health care takeover, the stim- tell us, tell us what you think and that they magically pay for them- ulus bill, and other legislative night- show us why you think so. selves. mares all produced by my Democrat I think Patrick Henry summed up This is the height of fiscal reckless- colleagues. These only tie up our small this bill perfectly when he said, ‘‘For ness and exemplifies the old adage that businesses, bog down our job creators, my part, no matter what anguish of ‘‘insanity is doing the same thing over and further bury our economy in mas- spirit it may cost, I am willing to know and over again and expecting different sive Federal debt. the whole truth; to know the worst, results.’’ If we had any idea of how chilling the and to provide for it.’’ After all, Congress experimented effects of these bills would be on jobs Mr. VAN HOLLEN. Mr. Chairman, I with this approach when it passed the and our economy, maybe we would agree with Mr. MCCLINTOCK that more Reagan tax cuts and again with the have done the smart thing, which information is helpful. We just don’t George W. Bush tax cuts. would have been not to pass them and want to ask for the information in a instead stayed within the boundaries of way that we only get one side of the b 1430 our budget. Except, well, I forgot. We story. And the results were soaring deficits. still don’t have a budget, thanks to the I hope our colleagues are going to We now find ourselves in crippling obstruction of Democratic Leader vote for the amendment a little later debt, unable to pay for needed invest- HARRY REID. on the floor that says we should also ments in our crumbling infrastructure, That’s why I introduced my Budget try and figure out what the economic unable to pay for the education and re- or Bust Act just today. It would lit- impact of major investments in infra- training required to maintain Amer- erally force the House and the Senate structure is through the appropriations ican competitiveness in the ever to pass a budget or else their salaries process. They’ve removed that analysis changing global economy. would be held hostage until Congress from this bill. So I’ll vote ‘‘no’’ on this tried and does its job. My bill would also restore In addition to the fact, it’s very curi- failed approach. And I ask colleagues the power of the purse to its rightful ous that when it comes to tax policy, to return to the pay-as-you-go rules owner, which our Founding Fathers they’ve written this in a way that that helped lead us to the balanced specifically gave to Congress, not to when CBO does an analysis of, again, budgets and the economic prosperity of the President. the major decision that would be made the 1990s. I urge my colleagues to support both by this body in the next few years, Mr. PRICE of Georgia. It’s curious to the Pro-Growth Budgeting Act and my whether or not to extend some or all of listen to my colleague talk about his Budget or Bust Act so that we can the 2001/2003 tax cuts, that will show no concern about the debt when, in the truly understand how our legislation impact on economic growth because of last 4 years, the 4 years of this admin- affects the economy, and so that Wash- the way they’ve written this legisla- istration, we have the first 4 years in ington is finally forced to live within tion, when, in fact, we know, at least the history of this country where our its means and Congress is held respon- from earlier CBO reports, that in the debt has been greater than $1 trillion— sible and accountable, as hardworking out-years, 10 years out, it will actually over $5 trillion built up in debt by this taxpayers deserve. be a drag on economic growth because administration. Mr. VAN HOLLEN. I reserve the bal- it will increase the deficit when you I also want to point out to my friend ance of my time. allow the tax cuts for the folks at the from Maryland, who talks about the Mr. PRICE of Georgia. Mr. Chairman, top to go on and on and on. wonderful impact of the stimulus bill I’m pleased to yield 2 minutes to the So, yes, we want more information. and how it has created all sorts of jobs gentleman from California (Mr. Let’s just not ask CBO for information and increased GDP, as you well know, MCCLINTOCK). that is designed to only extract one Mr. Chairman, as our Members and col- Mr. MCCLINTOCK. I thank the Mem- side of the story. And, unfortunately, leagues know, the Congressional Budg- ber for yielding. that’s what the bill does in its current et Office periodically updates the infor- The simple question now before us is form. mation that they provide as it relates whether it’s better for Congress to I reserve the balance of my time. to the estimates about what has oc- have more information or less informa- Mr. PRICE of Georgia. I’m a bit curred in the economy from policy here tion when it’s deliberating on matters amused, Mr. Chairman, by the tack in Washington. The most recent update that directly affect the economy of our that the other side is taking on this as shows an 8 percent increase in the real Nation. You’d think the answer would they talk about gaming the system, if GDP growth from the stimulus bill— be self-evident, but apparently some you will, with this piece of legislation. now, that’s down from 1.7 percent Members of this House prefer blissful I would simply call my colleague’s at- growth, and that is down from their es- ignorance rather than going to all of tention to the bill itself. timate before—and a .4 percent reduc- the fuss and bother of actually assess- The definition of macroeconomic im- tion in the unemployment rate, which ing the full ramifications of the poli- pact analysis in the bill simply states: is down from a .8 percent reduction in cies that they are enacting. That ex- Estimate of changes of economic out- the unemployment rate. plains a lot about some of the decisions put, employment, capital stock, tax So, Mr. Chairman, if we wait another they’ve made around here in recent revenue, an estimate of revenue feed- quarter or two, we’re going to see that, years. back expected as a result of the enact- in fact, the real information is out, and The economy is a dynamic and fast ment of a proposal and the critical as- that is that the stimulus bill had no ef- changing thing, responding rapidly to sumptions for how they got there. fect or a detrimental effect on the every tax and regulation imposed by There isn’t any qualitative assess- economy. government and every dollar that ment assigned to this. It’s simply, give With that, I’m pleased to yield 2 min- changes hands in markets. Yet the us more information, as the gentleman utes to my colleague from Georgia, Dr. rules under which the Congressional from California said. BROUN. Budget Office operates severely con- So it’s a bit perplexing why, again, Mr. BROUN of Georgia. Mr. Chair- strain its ability to take this obvious our colleagues on the other side don’t man, it’s absolutely critical that law- reality into account in the information want that additional information with makers in Washington are informed that it provides us. which to make decisions, high-quality and aware of how legislation that we This measure doesn’t presume to tell decisions here in Washington. introduce will impact our country’s the CBO how to do its job or what for- With that, I’m pleased to yield 2 min- economic growth, so today I rise in mula to use in its analysis. It doesn’t utes to the gentleman from Texas (Mr. strong support of the Pro-Growth even change the outmoded static mod- FLORES).

VerDate Mar 15 2010 01:36 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.046 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H400 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Mr. FLORES. I thank the gentleman. I go back to the fact that every of the Clinton years, when the tax Mr. Chairman, although the Obama American knows that when we invest rates were actually higher than the ex- administration may tout signs that the in our infrastructure, when the compa- perience of the Bush years, where the economy is improving, we are still way nies invest in their plants and equip- tax rates may have been lower, but so below past economic recoveries. The ment, when we invest in our roads and was the economic growth, almost 4 per- reality is the economy is growing too our bridges and our highways, that can cent a year under President Clinton, slowly and not creating enough jobs. have a positive economic impact. In and down to about 2 percent under Economists agree that legislation fact, if this House of Representatives President Bush from 2001 to 2008. considered by Congress can have sig- were to take up the President’s jobs Likewise, with job growth, dynamic nificant impacts on economic growth, bill, which he asked us to pass in Sep- job growth under President Clinton, both positive and negative. In fact, the tember, that would invest more in our job losses under President Bush. That’s Congressional Budget Office reported infrastructure, that would help the the history, the experience that we this week that we are on track to have economy. have with this theory, this ideology our fourth $1 trillion deficit in a row, Of course, you wouldn’t want to that somehow less revenue means more despite President Obama’s earlier cam- know, apparently, about the positive revenue. paign promise to cut the deficit in half impact on the economy of the Presi- Only yesterday, in the Budget Com- by the end of his first term. At such a dent’s jobs bill because that involves mittee, we heard the testimony of the critical time, we should ensure that all investment through the transportation Congressional Budget Office, objective lawmakers have as much information process. So, it does tilt the field in a testimony, that if we extend—— as possible about the effects of pro- significant way when it comes to deci- The CHAIR. The time of the gen- posed legislation on economic growth sions we make here with resources. tleman has expired. and job creation. I yield 3 minutes to the gentleman Mr. VAN HOLLEN. I yield the gen- The Pro-Growth Budgeting Act of from Texas (Mr. DOGGETT), my col- tleman another minute. 2012 would require CBO to provide law- league on the Budget Committee. Mr. DOGGETT. We heard objective makers with a macroeconomic impact Mr. DOGGETT. This bill, like most testimony that if we extend all of the analysis for all major legislation re- that come out here from the Repub- Bush tax cuts for the next decade, we ported by a House or Senate com- licans, has a great name. It’s a Pro- will have less economic growth in this mittee. The economic analysis would Growth Budgeting Act. It’s not a pro- country, not more economic growth, as describe the potential economic impact growth budget—big difference—but a their theology maintains. And the tes- of all major bills or major economic Pro-Growth Budgeting Act. And like so timony we’re hearing is not limited to variables, including real gross domes- many of the pieces of legislation that Democratic witnesses. Even the Repub- tic product, business investment, cap- they offer us, the substance of the bill lican witnesses who have come before ital stock, employment, and labor. It does exactly the opposite of the title. our committees in the past have con- would also describe the potential fiscal This would better be named the ‘‘Dig ceded that these Bush tax cuts did not impacts of the bill, including any esti- Deeper Now’’ legislation, or the ‘‘Man- pay for themselves. mates of revenue increases or decreases date Voodoo Economics’’ legislation. It We’ve seen the result of voodoo eco- resulting from changes in gross domes- attempts to enshrine Republican nomics. We’ve seen the results of sup- tic product. dogma that even an elementary arith- ply side and trickle down. It’s time to metic student would have some ques- take a more dynamic approach for the b 1440 tion about. It’s based on the theology American economy, and that’s a jobs If the last Congress had had this type that the best way to get more is to do bill that will meet the needs of work- of real-world economic analysis, it less; that if you have less revenue com- ing families across this country instead would have never passed the job-killing ing in, you somehow will eventually of playing games with the numbers and Democrat takeover of our Nation’s get more revenue coming in. And it trying to show that the impossible is health care system in 2010. just hasn’t worked that way. reality. In addition, if the last Democratic- Their approach is much like the al- Mr. PRICE of Georgia. I yield myself led Congress would have known this in- chemist of old, who, when faced with a such time as I may consume. formation when it passed its $800 bil- problem that he could not convert Mr. Chairman, it’s kind of like ‘‘Alice lion stimulus bill, it would have known straw into gold, simply responds, give in Wonderland’’ actually. I mean, if the that the elusive millions of jobs that it me more straw. They can’t get enough gentleman truly wants to have the in- claimed to create were going to cost straw in the form of tax cuts to talk formation that he is demanding, then about $400,000 per job. This $400,000 is about at their political conventions. he ought to be supporting the bill be- about the same amount as the total But when they apply them, we don’t cause what he’s talking about is dyna- salaries of seven middle class Ameri- need dynamic scoring to know what mism in the economy, and that’s what cans. the effect is. We have history, and that we ought to be looking at, Mr. Chair- For these reasons, I urge my col- history is not very favorable to this man. As you know, we need the infor- leagues to support the Pro-Growth whole concept that somehow less mation to be able to provide us with Budgeting Act of 2012, so that we may means more. the kind of data that will allow us to promote pro-growth policies that will We have the ‘‘dynamic’’ Bush tax make the best decisions. help get our economy back on track, cuts to look at and what their effect For example, this is a chart that reduce the deficit, and protect hard- has been. And the Congressional Budg- shows the employment in this country, working taxpayers. et Office tells us that the effect has and the tax reductions of the last dec- Mr. VAN HOLLEN. Mr. Chairman, I been they cost $1 trillion, $1 trillion to- ade demonstrate that employment goes yield myself such time as I may con- ward the budget deficit that we have, up and unemployment comes down. sume. and if we extend the Bush tax cuts for And then when the stimulus bill that Again, I go back to the fact that those at the very top, again, it will the other side amazingly still wants to you’re asking CBO to only give one cost another trillion dollars. That’s tout as the be all and the end all, when side of the story, and I would just refer trillion with a ‘‘t’’ in both cases, and it it’s passed, what happens, Mr. Chair- Mr. PRICE, my friend, colleague, to is a big impact in digging us into the man? Employment plummets. Unem- page 3 of the bill, lines 12 through 16, hole that we’re in, that we’re trying to ployment skyrockets. where you say, the Congressional work our way out of with what should So the gentleman can go back to the Budget Office shall, to the extent prac- be a Pro-Growth Budget Act, a jobs nineties, yes, but what we’re living in ticable, prepare for each major bill or act, instead of something that is a right now is 2012, and the policies resolution reported by any committee name that bears no resemblance to the aren’t working. So what we need to do of the House of Representatives or Sen- substance of the bill. is be able to provide, hopefully, Mem- ate, in parentheses, except the Com- How about the experience with eco- bers of Congress with more information mittee on Appropriations of each nomic growth? What American would so they’re able to make wiser deci- House. not like to have the economic growth sions.

VerDate Mar 15 2010 01:40 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.048 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H401 I am pleased to yield 2 minutes to the GDP growth. Again, why? Because if There is no panacea in the budget gentleman from Kansas (Mr. you have big tax cuts that are financed process, but this is one more step in re- HUELSKAMP). by borrowing, as the Republican rules forming what is a broken process; and Mr. HUELSKAMP. Mr. Chairman, I of the House were changed to allow, we’re going to see more information rise in support of the Pro-Growth Hey, we can provide tax cuts for folks and more bills in the next several Budgeting Act. Just yesterday, the at the very top, put it on the credit weeks talking about this broken proc- Budget Committee had the opportunity card, no more pay-as-you-go, that in- ess. But this is one more piece to give to question the CBO Director about the creases the deficit. You increase the us one more piece of information. impact of the President’s stimulus on deficit, as the economy begins to re- Mr. VAN HOLLEN. Mr. Chairman, I the economy. A few months earlier, his cover, that’s when it really begins to just have to emphasize again, I already office and mine had a very public de- crowd out private investment. read from the portion of the bill that bate about the impact of government So those tax cuts begin to slow down says we want economic analyses of spending on the economy. When asked the economy in the end of the 10-year major pieces of legislation except from to identify a single program, one single period, and they’re not an efficient the Committee on Appropriations. program that positively impacted the use—especially the tax breaks for the Again, transportation and infrastruc- economy, the CBO could not identify folks at the top 2 percent—it’s not an ture investments over the history of one program. efficient means to getting the economy our country have provided important Then, during the Budget Committee moving again. economic growth. hearing, I asked the Director, is it fair We saw in the 1990s under President The President asked this Congress to to say that the massive spending of Clinton we had a higher top marginal take up his infrastructure investment 2009 did not benefit the economy? He tax rate: 20 million jobs were created, jobs bill last September. Congress said, and I quote: ‘‘The extra govern- booming economic times. hasn’t taken it up, and now apparently ment spending from the Recovery Act So I’m glad the previous gentlemen we don’t want to include in the study in 2009 boosted the economy in the raised the issue of the long term. the positive economic impact that short term, but we believe, unless there Again, we’re all a little perplexed something like that would have. are offsetting changes, the economy about why this bill is written in a way I reserve the balance of my time. will be worse off.’’ From the CBO. that the major change in law that we Mr. PRICE of Georgia. What time re- Legislation like the Pro-Growth could make either this year or next mains, if I may ask? Budgeting Act will require the CBO to year with respect to the full or partial The CHAIR. The gentleman from undertake a full analysis of every extension of the tax cuts wouldn’t even Georgia has 10 minutes remaining. The major legislation, including impacts on trigger this economic analysis. That is gentleman from Maryland has 81⁄2 min- the employment and labor supply. Had astounding. utes remaining. the previous Congress been able to re- I reserve the balance of my time. Mr. PRICE of Georgia. Mr. Chairman, view the long-term impacts and con- Mr. PRICE of Georgia. Mr. Chairman, I would respond to the gentleman, as sequences of a $1 trillion stimulus I think it’s important to point out the he well knows, that current law, sec- boondoggle, perhaps our economy CBO Director, indeed, did say the long- tion 402 of the Congressional Budget would be better off today. Perhaps the term effects of the stimulus are actu- Act of ’74, requires that CBO produce more than 20 million Americans— ally depressing, potentially depressing, cost estimates of legislation reported that’s right, 20 million Americans— on the economy. So that’s why we need out of every committee except the who are unemployed or underemployed the big picture. That’s why we need a Committee on Appropriations. To be- would actually have a job. dynamic scoring model, an opportunity lieve that a 1-year appropriations bill Those who care solely about the to look at the macroeconomic impact could have a CBO assessment of the short-term concern themselves with of legislation that’s considered in this economic impact 40 years out, which is political gain at the expense of the fu- Congress in a responsible way. their appropriate and usual window, it ture. Today I ask my colleagues to sup- I’m pleased to yield 2 minutes to the is just nonsensical. So current law sim- port this legislation because they care gentlelady from Tennessee (Mrs. ply states that CBO looks at com- about the long term, about the next BLACK). mittee action and not appropriations generation, even if it means their Mrs. BLACK. Mr. Chairman, I rise in and for good reason. short-term political gains cannot be re- support of the Pro-Growth Budgeting I’m pleased to yield 2 minutes to my alized. Act of 2012. colleague from Georgia (Mr. WOODALL). Mr. VAN HOLLEN. I yield myself This would require the CBO to pro- Mr. WOODALL. Mr. Chairman, I very such time as I may consume. vide lawmakers with macroeconomic much thank my friend from Georgia Mr. Chairman, I’m glad the gen- impact analysis for major legislation for yielding. I just want to tell him tleman raised the question of the long defined by budgetary impact greater how proud I am of him for bringing this term, and it begs the question about than 0.25 percent of annual GDP. Pret- legislation forward. I know he doesn’t why this bill is written in a way such ty simple. need my accolades; but this is the kind that we would not be requiring an eco- Current law already requires CBO to of commonsense material that I ran on nomic analysis of the major change of provide Congress with the fiscal im- and that, as a freshman in this body, law that we may be making with re- pact. This bill would require the CBO makes me proud to be able to vote on. spect to tax policy, which would be to to give us the economic impact. Now, I brought a copy of the legislation extend the 2001, 2003 tax cuts, all or included in the analysis would be a with me, Mr. Chairman. I think if you some of them. statement of critical assumptions and ask folks across the country, they also sources of data underlying its esti- sometimes wonder whether or not we b 1450 mate, which would provide for max- read this legislation. Let’s talk about the long term be- imum transparency. If folks go to www.thomas.gov, they cause, in fact, the Joint Committee on So if there were questions, we would can actually read the legislation them- Taxation which, of course, is the entity have the information in front of us so selves, Mr. Chairman. These things that does the tax analysis for the Con- that we could ask additional questions that we’re arguing about, they wonder gressional Budget Office, has said that and be sure that we had all of the infor- what the truth is. It’s only five pages at the end of that 10-year period, ex- mation in order to make an informed long in its substance. tending those tax cuts actually slows decision. Let me tell you what it says, Mr. down the economy—page 6 of the testi- This is just another tool in our tool- Chairman, if you haven’t seen it: The mony of the staff of the Joint Com- kit, and this will help Congress create analysis prepared shall describe the po- mittee on Taxation before the House policy that affects our economy while tential economic impact of the applica- Committee on Ways and Means, Sep- creating a pro-job agenda, which is on ble major bill of resolution on major tember 21, 2011. all of our minds and should be our pri- economic variables, including real What they point out is that at the ority. The more information available GDP, business investment, capital end of the 10-year period, you’re losing to policymakers, the better decisions. stock, employment, and labor supply.

VerDate Mar 15 2010 01:40 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.050 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H402 CONGRESSIONAL RECORD — HOUSE February 2, 2012 The analysis shall also talk about rev- level of some sort of official score. Mr. Chairman, I am pleased to yield enue increases or decreases that result. Frankly, we’ve seen when the CBO, the 2 minutes to my friend from Arizona, The analysis should also specify which Congressional Budget Office, which is Dr. GOSAR. models were used, what your sources of established as the impartial score- Mr. GOSAR. I thank the gentleman data were, and shall provide an expla- keeper, puts out information, like we from Georgia for yielding to me. nation as necessary to make the mod- discussed here today in the Budget Mr. Chairman, I rise today in support els comprehensible to the public. Committee, on how much impact the of the Pro-Growth Budgeting Act Mr. Chairman, this bill provides one Recovery Act had on employment, on brought today by my friend and col- more tool that the American people GDP enhancement, on job growth. Peo- league Congressman TOM PRICE. This and this Congress can use to evaluate ple just simply refuse to accept the good piece of legislation is a common- the very important legislation that is range, the calculations, things that all sense solution to the growing debt and considered here on this floor. the independent experts agree upon, in- deficit causing concern among many I hope you will ask your constitu- cluding our own official one. So we’re Arizonans. ents, Mr. Chairman, why is it that going to make their job more con- While I may be new to D.C. and the folks would oppose giving the Amer- fusing; we’re going to make it more Halls of Congress, I am not new to the ican people these answers. You heard complex and give the American public impacts of Federal regulations and the me read the bill. All this bill does is a less clear picture. devastating effects of Congress’ ability provide that information. Get ready folks. My good friend from to live within its means. As a dentist I will say to the sponsor of this legis- Georgia wants to deal with freezing all and a small business owner for over 25 lation that information has been miss- baseline budgets, that are not other- years, I faced the uncertainty of addi- ing for far, far too long. I plan to lend wise specified in law, assuming that tional tax and regulatory burdens be- my strong support to this legislation. I there will be no increase for population cause the Federal Government failed to thank the gentleman for the time and growth or inflation over 10 years. Ev- do long-term planning. for his courage in bringing this bill for- erybody in Congress who looks at what This bill states that the Congres- ward. has happened over the last 50 years un- sional Budget Office provide Members Mr. VAN HOLLEN. Mr. Chairman, derstands there will be some adjust- of Congress an analysis of the real and the gentleman’s mistaken. I mean, we ment—we may argue about how long-term effects that a piece of legis- do get analyses now with respect to the much—but if you’re going to give the lation would have on the economy. economic impact. There’s a provision American public an estimate of what is This, my friends, should be a no- in the House rules that I referenced the most likely outcome, having a brainer. It is a necessary step towards earlier that asked for that, and in fact, modest inflation adjustment is the taking and regaining fiscal sanity in Joint Tax has done exactly that. The most accurate in terms of what is like- this Nation. Making wise decisions figures I was reading with respect to ly to happen. That would be swept starts by being properly informed on the negative impact on growth in the away and an artificial figure estab- the facts and the information. out-years were from a dynamic anal- lished by biennial budgeting. Again, I support this legislation, and ysis the Joint Tax Committee has done The CHAIR. The time of the gen- I encourage the passage of this good pursuant to House rules. tleman has expired. bill today. Mr. WOODALL. Will the gentleman Mr. VAN HOLLEN. I yield the gen- Mr. VAN HOLLEN. Mr. Chairman, yield? tleman an additional minute. may I inquire about how much time re- Mr. VAN HOLLEN. I will not on my Mr. BLUMENAUER. There is a rea- mains on both sides? time. son why the number of States, almost The CHAIR. The gentleman from Mr. WOODALL. I’d be happy to be all of which used to have biennial budg- Maryland has 41⁄2 minutes remaining. educated by the gentleman if he would eting, have moved to annual budgets. The gentleman from Georgia has 61⁄4 yield. It’s because they’re more accurate; minutes remaining. The CHAIR. The gentleman from they’re less complex; they’re less ex- Mr. VAN HOLLEN. I yield 2 minutes Maryland is recognized. pensive; and it doesn’t pose as much of to the gentleman from Vermont (Mr. Mr. VAN HOLLEN. Mr. Chairman, I a burden on both the legislative branch WELCH). refer the gentleman to the bill, the and the administration to try and fid- Mr. WELCH. I thank the gentleman piece of the document I’ve referenced dle around with things that we know for yielding. several times already. This kind of are inaccurate. Then we’re going to There is a reason that this institu- work is done. have the risk adjustment, which will tion of Congress is so discredited What you’re asking for here is to, take something which is already accu- among the American people. The rea- again, leave off part of the equation, rately portrayed in terms of the budg- son is quite simple. Instead of facing for example, the recovery bill. The re- et, and they’re going to be adding and the problem, we come up with ways to covery bill was primarily an appropria- subtracting values that are going to avoid it. These two bills—dynamic tions bill. Leave off part of the equa- only confuse. scoring, which basically has as a tion, but also when it comes to the rev- The four of them are an example of premise that any tax cut is going to in- enue piece, skew the request. why my friends on the other side of the crease revenues, and baseline reform, I yield 2 minutes to the gentleman aisle don’t want to get to work and which essentially says that inflation is from Oregon (Mr. BLUMENAUER). deal with things that we might agree not a factor in depleting resources to on, like reforming agriculture. Instead, meet a need, whether it’s the Pentagon b 1500 we’re playing games with procedures or it’s health care—we think that Mr. BLUMENAUER. I appreciate the that are going to give the American somehow that is going to solve the gentleman’s courtesy and his leader- public less information, and it’s going problem with the debt, which is a seri- ship. to cost us more to confuse them. ous problem in this country. What we’re talking about here this Mr. PRICE of Georgia. I appreciate Do you know what? It’s time for Con- afternoon is one of a package of four the gentleman talking about other gress to acknowledge the obvious, budget proposals from our Republican pieces of legislation. which is that the problem is the prob- friends on the Budget Committee that But what we’re talking about here is lem. These runaround reforms about are, in toto, going to obscure the budg- more information, more information the process avoids the direct, head-on eting process, make it more complex, for our colleagues, Mr. Chairman; and confrontation that is the debt, and the more expensive, and actually more for the life of me, I can’t figure out debt is a function of too much spending confusing for the American public. why our Democratic friends on the and too little revenue. I agree with what my good friend other side of the aisle simply, I guess, Bottom line, if you are a household, said about the dynamic scoring. There want to keep our colleagues in the if you’re a local government, if you’re are already vehicles available to be dark here so that we can continue to someone who is responsible, when you able to deal with some of these feed- make the kinds of decisions that we’ve have a debt problem, you’re going to back effects but not elevating it to the been making. It’s just astounding. look at everything; you’re going to put

VerDate Mar 15 2010 01:40 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.053 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H403 it all on the table. There are 100 Mem- jobs saved or created. The truth of the the CBO scoring is a big part of that bers of the House of Representatives matter is we could make just as easily problem. who signed a letter and said, Hey, let’s the argument that the number is closer Mr. Chairman, that’s why I respect- put everything on the table—revenues to 1.2 million jobs saved or created, and fully suggest that we need to pass this and spending. It’s the only way we’re that’s assuming that a job saved is a bill and send it over to the Senate. going to get a solution. job created. We could have a discussion Mr. VAN HOLLEN. Mr. Chairman, I This approach is avoiding that. It’s as to whether or not we should have would inquire of Mr. PRICE if he has locking down on the notion that any been spending $400,000 per job, but any further speakers? tax cut is going to increase revenues. that’s not the reason we’re here. Mr. PRICE of Georgia. Mr. Chairman, It’s locking down on the notion that So I would suggest to my friends I have no further speakers, and I am revenues cannot be part of the solu- across the aisle, if they really believed prepared to close. tion, and it’s locking down on this no- that the Recovery Act was so wonder- Mr. VAN HOLLEN. Mr. Chairman, I tion that if you wipe away inflation as ful, bring it up again. Please offer us yield myself such time as I may con- a factor in what we need to do to main- another one. In fact, bring us one twice sume. tain level funding that somehow we’ll the size, and look the American people Look, I think everybody in this body still meet the needs. in the eye and say that $800 billion understands that the more good infor- We had a war in Iraq and Afghani- wasn’t enough, that we want $1.6 tril- mation we get the better. That’s why stan—two wars that weren’t paid for, lion worth of another stimulus bill. it’s troubling that in this particular both on the credit card. We had the Please, bring that, and let the Presi- bill we’re asking the question of CBO Medicare prescription drug program on dent defend that as we have this dis- in a way that will only give us partial the credit card. Whether you supported cussion between now and November. information. I already mentioned that those as a Democrat or as a Repub- You could also, Mr. Chairman, go we left out the impact, the economic lican—and we had people on both sides into more detail about what the gen- impact from what we think should be of the aisle who did—you’ve got to pay tleman from North Carolina mentioned included. for it. We didn’t pay for it. We’re pay- about the PAYGO rules, which is some- We think the appropriations invest- ing now the consequences of it. thing I’m a little bit familiar with. My ments in transportation should be in- As to the so-called ‘‘reforms’’ about predecessor was a big supporter of the cluded in any economic analysis. Clear- the process, it’s always legitimate to PAYGO rules. The PAYGO rules were ly, important investments we make in figure out the process—how can we do in place when this government ran up science and research and innovation it better? How can we get better infor- its largest deficits in history. The rule and our infrastructure have an eco- mation?—but not when it means we was never designed to cut spending, nomic impact, but this doesn’t ask for avoid the problem. and it was never designed to lower the any of that information. There’ll be Mr. PRICE of Georgia. Again, Mr. deficit. It never accomplished what some amendments that say we should. Chairman, I’m a little perplexed by the folks so fondly, in hindsight, believe Hopefully our colleagues will vote for arguments being used in opposition on that it did in the late 1990s. You could them. the other side. go back and look. Really, what drove But what is very bizarre is the way My friend from Vermont says that the surpluses of the late 1990s was the this is structured so that it doesn’t re- this assumes that there is a certain reduction in the size of the Federal quire a macroeconomic, dynamic anal- premise about tax cuts. Well, the bill Government. But, again, it’s not what ysis of the major change in law that we doesn’t even use the language ‘‘tax we’re here to talk about today. will make with respect to whether or cuts.’’ It uses ‘‘tax revenue.’’ It could not to extend all or some of the tax be a tax reduction. It could be a tax in- b 1510 cuts, because the way it’s written, it crease. Let’s look. Let’s find the infor- What the gentleman from Texas was will assume those tax cuts are already mation. Let’s give our colleagues as talking about, however, is spot on, and in place. much information as possible, which, he would come to the well, as so many Now, we’ve already had an analysis again, is what my friend from Vermont folks on the other side will, and say that was done by the Joint Committee says every family in this country does that, well, it was those Bush tax cuts on Taxation, a macroeconomic dy- when they have a challenge. If they that really got us in the hole that namic analysis. It does say at the end have a debt challenge, they get all of we’re in. I don’t know why we call of that period it would actually have a the information that they can. That’s them the Bush tax cuts, by the way. drag on the economy because it in- simply what we’re asking here, which They were extended by a Democrat creases the deficit. is to provide as much information as President and a Democrat Senate and a So let’s make sure that we get full possible for Members of Congress to Democrat House at the end of 2010. I information, and that’s where I do make wiser decisions. have always referred to them as the want to end, by just pointing out that Mr. Chairman, I’m so pleased to yield Bush-Obama tax cuts, but that doesn’t the most recent estimates from the 3 minutes to my colleague from South seem to catch on. Congressional Budget Office, in terms Carolina and a member of the com- But the assertion has always been of the impact of the recovery bill, was mittee, Mr. MULVANEY. that after those tax cuts, Mr. Chair- in a document dated November of 2011, Mr. MULVANEY. I thank my col- man, went into place that revenues and there’s a chart in there that shows league for yielding. went down, that when we cut taxes rev- a range. Obviously since the recovery As we sit like good Congressmen and enue went down, because certainly bill is no longer in full effect in this -women in our offices and as we watch that’s what the CBO, under the current current year, you don’t continue to say these debates on television, sometimes rules, would tell you would happen. the positive impacts. we feel compelled to run over and par- Under the static models that are in But Dr. Elmendorf has testified nu- ticipate in the debate. Certainly, that’s place now, when we supposedly cut merous times before the Budget Com- what drove me over here today, and it’s taxes, the CBO will tell you, well, if mittee and indicated that had it not hard to know where to start. There is a you lower the tax rates, revenues will been for the passage of the recovery long list of things that we could talk go down. bill, had it not been for actions of the about here today. Unequivocally, this is not what hap- Federal Reserve, economic growth Mr. Chairman, we could start, for ex- pened with the Bush tax cuts in 2000s. today would be much slower. That ample, with the gentleman from Mary- Revenues went up every year from 2003 would mean more people out of work. land, who offered again today, as he did to the beginning of the great recession. We need to do better. We need to get in the Budget Committee, the sugges- That’s why this bill is so important, things moving faster. That’s why we tion that perhaps the Recovery Act Mr. Chairman. Washington does not should take up the President’s jobs bill generated as many as 6 million jobs. If know how to count. We count in this that has been sitting in this House you actually listen very closely to town in a fashion that only this town since September. That’s why I hope the what he says and read the documents counts. The whole rest of the world conference committee on the payroll that he cites, that’s up to 6 million doesn’t understand how we count, and tax cut extension for 160 million people

VerDate Mar 15 2010 01:40 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.055 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H404 CONGRESSIONAL RECORD — HOUSE February 2, 2012 will get our job done quickly so that As a Member of the Committee on Ways the potential fiscal effects of the bill or resolu- we can provide those opportunities to and Means, I’m very familiar with the ‘‘Dy- tion, including any estimates of revenue in- help the economy grow when it’s in namic Scoring’’ song and dance. Dynamic creases or decreases resulting from changes in this very fragile state. gross domestic product. To the extent prac- Scoring seeks to skirt the fundamentals of Ec- ticable, the analysis should use a variety of eco- So, Mr. Chairman, I just close by say- onomics 101: less revenue means less money nomic models in order to reflect the full range of ing we all want information. Let’s just and higher deficits. Instead, under this bill and possible economic outcomes resulting from the not ask for information in a selective its dynamic scoring, we will assume tax cuts bill or resolution. The analysis (or a technical way designed to get a preconceived an- produce fantasy levels of economic growth appendix to the analysis) shall specify the eco- swer. and pay for themselves. nomic and econometric models used, sources of The CHAIR. The gentleman’s time The proof is in the pudding. We don’t have data, relevant data transformations, and shall has expired. to look far to see what happened with Bush include such explanation as is necessary to Mr. PRICE of Georgia. Mr. Chairman, tax cuts. They led to an explosion of our na- make the models comprehensible to academic I appreciate the gentleman’s com- and public policy analysts. tional debt, and as a new CBO report points ‘‘(c) DEFINITIONS.—As used in this section— ments, and I appreciate his perspective. out, we could decrease the deficit by almost ‘‘(1) the term ‘macroeconomic impact analysis’ However, it’s clear that every single half if we let the Bush tax cut expire. means— revised report on the stimulus comes We should not enshrine this dishonest, ‘‘(A) an estimate of the changes in economic up and states that it is costing more. Enron style accounting into law when we have output, employment, capital stock, and tax reve- It’s costing the economy more and that such clear evidence that it is inaccurate. If our nues expected to result from enactment of the the jobs that are created, ‘‘created,’’ proposal; goal is to reform the budget process so we ‘‘(B) an estimate of revenue feedback expected decrease every time there is a new esti- can enact sound fiscal policy, then this legisla- to result from enactment of the proposal; and mate. And so we’re approaching zero tion must be rejected. ‘‘(C) a statement identifying the critical as- jobs saved or created. In a short time I The CHAIR. All time for general de- sumptions and the source of data underlying suspect we’ll be at jobs lost from the bate has expired. that estimate; stimulus. Pursuant to the rule, the bill shall be ‘‘(2) the term ‘major bill or resolution’ means In fact, the CBO Director yesterday, considered for amendment under the 5- any bill or resolution if the gross budgetary ef- in committee, said, The extra govern- minute rule. fects of such bill or resolution for any fiscal ment spending from the Recovery Act year in the period for which an estimate is pre- In lieu of the amendment in the na- pared under section 402 is estimated to be great- of 2009, unless there are offsetting ture of a substitute recommended by er than .25 percent of the current projected gross changes made that pay off the extra the Committee on the Budget, printed domestic product of the United States for any debt that was incurred, the economy in the bill, it shall be in order to con- such fiscal year; will be worse off. So it’s interesting to sider as an original bill for the purpose ‘‘(3) the term ‘budgetary effect’, when applied see our colleagues on the other side of amendment under the 5-minute rule to a major bill or resolution, means the changes continue to grab onto what they think an amendment in the nature of a sub- in revenues, outlays, deficits, and debt resulting is a lifeline of the stimulus bill that from that measure; and stitute consisting of the text of the ‘‘(4) the term ‘revenue feedback’ means with time looks worse and worse. And Rules Committee print 112–10 dated changes in revenue resulting from changes in maybe, Mr. Chairman, if we had only January 25, 2012. That amendment in economic growth as the result of the enactment had this piece of legislation at the time the nature of a substitute shall be con- of any major bill or resolution.’’. of the adoption of the stimulus bill, so- sidered read. (b) CONFORMING AMENDMENT.—The table of called stimulus bill, maybe somebody The text of the amendment in the na- contents set forth in section 1(b) of the Congres- would have thought differently. Maybe ture of a substitute is as follows: sional Budget Act of 1974 is amended by insert- they would have recognized that, in ing after the item relating to section 406 the fol- H.R. 3582 lowing new item: fact, that it was going to have the real Be it enacted by the Senate and House of effect that it has, which is to decrease ‘‘Sec. 407. Macroeconomic impact analysis of Representatives of the United States of major legislation.’’. the vitality of the economy. America in Congress assembled, SEC. 3. ADDITIONAL CBO REPORT TO BUDGET Mr. Chairman, it’s pretty doggone SECTION 1. SHORT TITLE. COMMITTEES. simple. This bill is pretty simple. You This Act may be cited as the ‘‘Pro-Growth Section 202(e) of the Congressional Budget Act want more information or you want Budgeting Act of 2012’’. of 1974 is amended by adding at the end the fol- less information. SEC. 2. MACROECONOMIC IMPACT ANALYSES. lowing new paragraphs: This is remarkable common sense. I (a) IN GENERAL.—Part A of title IV of the ‘‘(4)(A) After the President’s budget submis- would suggest, Mr. Chairman, that it Congressional Budget Act of 1974 is amended by sion under section 1105(a) of title 31, United ought to be common ground upon adding at the end the following new section: States Code, in addition to the baseline projec- tions, the Director shall submit to the Commit- ‘‘MACROECONOMIC IMPACT ANALYSIS OF which this House can stand. I urge my tees on the Budget of the House of Representa- MAJOR LEGISLATION colleagues to adopt this piece of legis- tives and the Senate a supplemental projection lation. ‘‘SEC. 407. (a) CONGRESSIONAL BUDGET OF- assuming extension of current tax policy for the I yield back the balance of my time. FICE.—The Congressional Budget Office shall, fiscal year commencing on October 1 of that Mr. PASCRELL. Mr. Chair, while I am to the extent practicable, prepare for each major year with a supplemental projection for the 10 pleased that this Congress is looking at re- bill or resolution reported by any committee of fiscal-year period beginning with that fiscal the House of Representatives or the Senate (ex- year, assuming the extension of current tax pol- forming the budget process, I do not believe cept the Committee on Appropriations of each this legislation is the solution. The biggest icy. House), as a supplement to estimates prepared ‘‘(B) For the purposes of this paragraph, the problem with the budget is that, while the under section 402, a macroeconomic impact term ‘current tax policy’ means the tax policy in game may not be perfect, the players are the analysis of the budgetary effects of such bill or statute as of December 31 of the current year as- reason it is not working. Even Jim Nussle, resolution for the ten fiscal-year period begin- suming— former Republican Chairman of the House ning with the first fiscal year for which an esti- ‘‘(i) the budgetary effects of measures extend- Budget Committee and Director of the Office mate was prepared under section 402 and each ing the Economic Growth and Tax Relief Rec- of Management and Budget for President of the next three ten fiscal-year periods. Such onciliation Act of 2001; estimate shall be predicated upon the supple- G.W. Bush, testified that, ‘‘It may not be that ‘‘(ii) the budgetary effects of measures extend- mental projection described in section 202(e)(4). ing the Jobs and Growth Tax Relief Reconcili- the budget process is broken. It may not be, The Director shall submit to such committee the ation Act of 2003; in other words, that the tools are broken, but macroeconomic impact analysis, together with ‘‘(iii) the continued application of the alter- it may be the fact that the tools are not being the basis for the analysis. As a supplement to native minimum tax as in effect for taxable used.’’ estimates prepared under section 402, all such years beginning in 2011 pursuant to title II of It is no surprise that since Day One of this information so submitted shall be included in the Tax Relief, Unemployment Insurance Reau- Tea Party Congress, the majority has pushed the report accompanying such bill or resolution. thorization, and Job Creation Act of 2010, as- forward with an array of anti-worker, anti-envi- ‘‘(b) ECONOMIC IMPACT.—The analysis pre- suming that for taxable years beginning after pared under subsection (a) shall describe the po- ronment, anti-oversight, and anti-growth agen- 2011 the exemption amount shall equal— tential economic impact of the applicable major ‘‘(I) the exemption amount for taxable years da, that serves the politics of their caucus bill or resolution on major economic variables, beginning in 2011, as indexed for inflation; or rather than the citizens of this great Nation. including real gross domestic product, business ‘‘(II) if a subsequent law modifies the exemp- The Pro-Growth Budgeting Act of 2011 en- investment, the capital stock, employment, and tion amount for later taxable years, the modified compasses this perfectly. labor supply. The analysis shall also describe exemption amount, as indexed for inflation; and

VerDate Mar 15 2010 04:35 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\K02FE7.057 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H405 ‘‘(iv) the budgetary effects of extending the es- As we consider legislation that would tributed to taking our Nation from tate, gift, and generation-skipping transfer tax mandate the Congressional Budget Of- budget surpluses to massive deficits, provisions of title III of the Tax Relief, Unem- fice use dynamic scoring to evaluate but also contributed to unprecedented ployment Insurance Reauthorization, and Job the macroeconomic impact of large tax levels of income inequality. Creation Act of 2010. ‘‘(5) On or before July 1 of each year, the Di- cuts, we literally cannot afford to ig- If Congress cannot learn from past rector shall submit to the Committees on the nore the lessons of the past decade. mistakes, we are destined to repeat Budget of the House of Representatives and the My Republican colleagues want to them. I urge my colleagues to support Senate, the Long-Term Budget Outlook for the enact a seemingly subtle change so my simple, factual amendment to show fiscal year commencing on October 1 of that that they can more easily advance that Congress understands the true im- year and at least the ensuing 40 fiscal years.’’. their agenda of tax cuts for the rich pacts of the Bush tax cuts and recog- The CHAIR. No amendment to that while slashing critical programs that nizes that, while tax cuts might stimu- amendment in the nature of a sub- American families and workers rely on late additional economic activity, the stitute shall be in order except those each and every day. tax cuts of 2001 and ’03 certainly did printed in part B of House Report 112– Dynamic scoring’s supporters back not pay for themselves. 383. Each such amendment may be of- this legislation in large part because it I reserve the balance of my time. fered only in the order printed in the can mask the cost of tax cuts while ig- Mr. PRICE of Georgia. Mr. Chairman, report, may be offered only by a Mem- noring the multiplier effects that in- I rise to claim the time in opposition. The CHAIR. The gentleman is recog- ber designated in the report, shall be vestments in education, public health, considered as read, shall be debatable nized for 5 minutes. and infrastructure can provide. Mr. PRICE of Georgia. Mr. Chairman, for the time specified in the report In order to evaluate these claims, we it is a little amusing, I guess, that our equally divided and controlled by the need only look at the claims made by proponent and an opponent, shall not colleagues on the other side love to those who supported the 2001 and 2003 talk about the past. I’m not sure be subject to amendment, and shall not tax cuts and see how they stacked up be subject to a demand for division of whether it’s a desire for fantasy or mis- next to reality. Despite pledges from ery, but talking about the past is inter- the question. the Bush administration that the tax AMENDMENT NO. 1 OFFERED BY MR. PETERS esting. But this amendment has abso- cuts of 2001 and 2003 would generate lutely nothing—nothing—to do with The CHAIR. It is now in order to con- such significant economic activity that sider amendment No. 1 printed in part the legislation that’s being considered. they would pay for themselves, we We don’t need to rehash the economic B of House Report 112–383. know that this is not the case. Mr. PETERS. I have an amendment record of the last 10 years; we need to This is why I have put forward an at the desk, Mr. Chairman. look forward. And that’s what this bill The CHAIR. The Clerk will designate amendment that will simply add a fac- does. It’s a forward-looking piece of the amendment. tual findings section that details the legislation. The text of the amendment is as fol- impact of the tax cuts of 2001 and 2003 And looking forward, as the CBO re- lows: without altering the functional aspects ported on Tuesday, if tax relief is al- Page 1, line 1, after ‘‘SHORT TITLE’’ insert of the bill. lowed to expire at the end of this year, ‘‘; FINDINGS’’. These findings include: which seems to be what my colleagues Page 1, line 2, insert ‘‘(a) SHORT TITLE.—’’ 1. On January 8, 2003, White House on the other side are advocating, we before ‘‘This Act’’. Press Secretary Ari Fleischer said that would then have the largest tax in- Page 1, after line 3, insert the following President Bush believed that the tax new subsection: crease in the history of our country. (b) FINDINGS.—Congress finds the fol- cut package enacted in 2001 and ex- CBO says economic growth would be as lowing: panded in 2003 would ‘‘create additional much as 3 percent lower than it would (1) On January 8, 2003, White House Press revenues for the Federal Government be if that tax relief were extended. Secretary Ari Fleischer said that President and pay for itself.’’ So what we need is dynamic appro- Bush believed that the tax cut package en- b 1520 priate scoring, more information, more acted in 2001 and expanded in 2003 would data for our colleagues to be able to ‘‘create additional revenues for the Federal Two, before the tax cuts of 2001 and have that kind of information so when Government and pay for itself.’’. ’03 were enacted, the Congressional (2) Before the tax cuts of 2001 and 2003 were they make decisions, they’ll make, Budget Office projected gradually ris- again, hopefully, wiser decisions. enacted, the Congressional Budget Office ing surpluses, from 2.7 percent of gross projected gradually rising surpluses, from 2.7 This amendment truly makes no im- percent of gross domestic product in 2001 to national product in 2001, to 5.3 of gross provement whatsoever to our process, 5.3 percent of gross domestic product by 2011, national product in 2011, with the Fed- our budget process. I urge its defeat, with the Federal Government operating debt eral Government operating debt free by and I yield back the balance of my free by 2009. 2009. time. (3) The Congressional Budget Office esti- We know this, of course, did not hap- Mr. PETERS. Mr. Chairman, while I mates that the tax cuts of 2001 and 2003 have pen. Instead, the Congressional Budget find it interesting that the speaker added over $2 trillion to budget deficits from Office estimates that the tax cuts of from the other side believes that this is 2002–2011. 2001 and ’03 have added over $2 trillion (4) Despite signing the tax cuts of 2001 and fantasy, these are facts. And he be- 2003 into law, President George W. Bush’s ad- to budget deficits from 2002 to ’11. De- lieves that facts should not be part of ministration had, according to the Wall spite signing tax cuts of 2001 and ’03 the debate, which is probably why we Street Journal, ‘‘the worst track record for into law, President Bush’s administra- are in the trouble that we are in right job creation since the government began tion had, according to The Wall Street now when the majority party believes keeping records’’ in 1939. Journal, ‘‘the worst track record for that opinions should not be weighed (5) From 2001 to 2009, gross domestic prod- job creation since the government down by the facts of the situation. uct grew at the slowest pace for any eight- began keeping records in 1939.’’ What I’m offering in this statement year span since 1953. From 2001 to 2009, gross domestic is simply factual statements that don’t (6) Median household income declined dur- ing the Bush Administration for the first product grew at the slowest pace for detract in any way from the intended time since 1967, when this data began to be any period since 1953; and median impact of this legislation, but it’s cer- tracked. household income declined during the tainly important to having a full and The CHAIR. Pursuant to House Reso- Bush administration for the first time honest debate that we need to have an lution 534, the gentleman from Michi- since 1967 when this data was first understanding of what happened in the gan (Mr. PETERS) and a Member op- tracked. past. If we do not have that under- posed each will control 5 minutes. We have all lived through this past standing of the past, if we don’t step up The Chair recognizes the gentleman decade and have seen the damaging ef- to the reality of what actually oc- from Michigan. fects the Bush tax cuts have had on our curred as a result of missteps in public Mr. PETERS. Mr. Chairman, I rise Federal budget. I think it’s safe to say policy in the past, we will repeat them today in support of the Peters amend- that anyone who can possibly claim to once again. ment to H.R. 3582, the Pro-Growth belong to the ‘‘reality caucus’’ agrees What I’m hearing from the majority Budgeting Act of 2012. that the Bush tax cuts not only con- party is that they want to repeat the

VerDate Mar 15 2010 04:35 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.013 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H406 CONGRESSIONAL RECORD — HOUSE February 2, 2012 mistakes of the past, mistakes that led side of the ledger is nothing more than macroeconomic impact analysis of to uncontrollable deficits and also mis- political gamesmanship. ‘‘major bills or resolutions,’’ which is takes that gave huge windfalls to the Of course, my Republican friends the term that’s defined in section 2 of wealthiest people in this country at have cleverly baked into the base a the bill. Section 2 of the bill uses cost the expense of middle class taxpayers. permanent extension of the Bush tax estimates prepared by the CBO under As a Democrat, we are very proud to cuts which CBO already has said will section 402 of the Congressional Budget stand up for middle class families and create a drag on the economy in the Act. Section 402 does not apply to bills want to make sure that tax benefits to long term. But I guess we don’t want to reported from the Appropriations Com- middle class taxpayers continue to go let the facts or sound economic policy mittee. So this amendment accom- to those families that are struggling get in our way. That’s why my amend- plishes absolutely nothing. each and every day. On the other hand, ment would include the appropriations, Even if the amendment were properly the wealthiest among us, those with will fix that disparity, and provide us a drafted, it would be meaningless to re- the highest income that have reaped clearer picture of the economic effects quire a 40-year macroeconomic impact the most benefit, should be paying of all of our actions. analysis for a 1-year appropriations their fair share. And by having tax As my Republican friends seem to bill. Even the largest appropriations cuts, what we will do is cut into those have forgotten, the Federal Govern- bill, the Defense appropriations bill, is middle class families. This is a factual ment has had a long history of only about 3 percent of the gross do- statement. If we do not recognize the partnering with the private sector, and mestic product in 1 year, or much less reality of the facts, we are doomed to our Nation’s universities in support of than 1 percent of the GDP over a 10- repeat those mistakes. basic research are a great illustration. year period of time. So the macro- I urge adoption of this amendment, These investments spur American in- economic impact of 1-year legislation and I yield back the balance of my novation and provide measurable, tan- oftentimes approaches zero and then time. gible economic benefits. can be changed with the next suc- The CHAIR. The question is on the For example, the Federal Govern- ceeding appropriations bills in years 2, amendment offered by the gentleman ment has invested $12.8 billion in the 3, and 4. from Michigan (Mr. PETERS). Human Genome Project since it began So the amendment is drafted in such The question was taken; and the in 1988. According to a recent report by a way that it has no effect whatsoever. Chair announced that the noes ap- the Battelle Technology Partnership Even if it were properly drafted, it’s a peared to have it. Practice, the total economic invest- bad idea without providing any new Mr. PETERS. Mr. Chairman, I de- ment of that one project and its return meaningful information for Congress. mand a recorded vote. has exceeded $780 billion. In 2010 alone, I urge defeat of the amendment and The CHAIR. Pursuant to clause 6 of the field of genomics directly sup- yield back the balance of my time. rule XVIII, further proceedings on the ported 51,000 jobs in this country and Mr. CONNOLLY of Virginia. I would amendment offered by the gentleman another 310,000 indirect jobs. It gen- inquire of the Chair how much time re- from Michigan will be postponed. erated $67 billion in economic activity mains on this side. AMENDMENT NO. 2 OFFERED BY MR. CONNOLLY last year and resulted in $3.7 billion The CHAIR. The gentleman has 2 OF VIRGINIA coming into the Federal Treasury. The minutes remaining. The CHAIR. It is now in order to con- economic return on that single Federal Mr. CONNOLLY of Virginia. Mr. sider amendment No. 2 printed in part investment has been significant and Chairman, I would simply point out B of House Report 112–383. bears consideration as my Republican that the same logic my friend from Mr. CONNOLLY of Virginia. Mr. colleagues are trying to retrench on Georgia uses that a simple 1-year ap- Chairman, I have an amendment at the such spending. propriation may not have much meas- desk. While not every appropriation will urable impact on the economy could The CHAIR. The Clerk will designate have a similar positive economic result also apply to tax cuts, short-term tax the amendment. like the Human Genome Project, the cuts. I would further point out that his The text of the amendment is as fol- economic effect of each should none- opposition to a simple improvement to lows: theless be considered by this Congress this bill, I think, sheds light on the in- Page 1, lines 14 and 15, strike ‘‘(except the as it actually appropriates funds. tent of the bill. It exposes what’s really Committee on Appropriations of each My amendment will simply correct going on here: Let’s try to find a facile House)’’. that oversight and provide proper bal- way to guarantee the Bush tax cuts are Page 1, line 16, before the comma, insert ance to the accountability and trans- extended and the tax cutting is even ‘‘or as a standalone analysis in the case of parency the authors of the bill say easier on the wealthier who ought to be the Committee on Appropriations of each they wish to achieve. I ask my col- paying their fair share. House’’. leagues to support this amendment. If And with that, Mr. Chairman, I yield The CHAIR. Pursuant to House Reso- Congress is serious about capturing the back the balance of my time. lution 534, the gentleman from Virginia true impact of all of our actions in the The CHAIR. The question is on the (Mr. CONNOLLY) and a Member opposed economy, we ought to consider all of amendment offered by the gentleman each will control 5 minutes. them, including spending and appro- from Virginia (Mr. CONNOLLY). The Chair recognizes the gentleman priations. The question was taken; and the from Virginia. I reserve the balance of my time. Chair announced that the noes ap- Mr. CONNOLLY of Virginia. Mr. peared to have it. Chairman, this is a simple, yet impor- b 1530 Mr. CONNOLLY of Virginia. Mr. tant, amendment that will in fact de- Mr. PRICE of Georgia. Mr. Chairman, Chairman, I demand a recorded vote. liver the actual transparency the pro- I claim time in opposition. The CHAIR. Pursuant to clause 6 of ponents of this bill claim to be pro- The CHAIR. The gentleman is recog- rule XVIII, further proceedings on the viding. My amendment will ensure the nized for 5 minutes. amendment offered by the gentleman dynamic scoring called for in this leg- Mr. PRICE of Georgia. Mr. Chairman, from Virginia will be postponed. islation and will capture the broader this amendment is what professors of AMENDMENT NO. 3 OFFERED BY MR. WALZ OF economic effects of Federal spending as logic—now, I know that there’s not a MINNESOTA well as Federal tax cuts. whole lot of logic around this town— The CHAIR. It is now in order to con- The way this bill is written, to ex- but professors of logic would call a nul- sider amendment No. 3 printed in part clude appropriations bills highlights lity. Adopting this amendment would B of House Report 112–383. the political intent of the authors of not require CBO to prepare an analysis Mr. WALZ of Minnesota. I have an this bill to only take into account the of bills reported from the Appropria- amendment, Mr. Chairman. effective tax cuts. Both spending Fed- tions Committee, as my good friend The CHAIR. The Clerk will designate eral tax dollars and sending them back from Virginia desires. the amendment. have economic consequences; we all Section 407 of the Congressional The text of the amendment is as fol- know that. And looking at just one Budget Act requires CBO to prepare a lows:

VerDate Mar 15 2010 01:40 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.062 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H407 Page 2, line 14, insert ‘‘interest rates,’’ The CHAIR. Without objection, the come equality to be included in an im- after ‘‘employment,’’. gentleman is recognized for 5 minutes. pact analysis. Page 3, line 7, insert ‘‘interest rates,’’ after There was no objection. Income inequality is real in America. ‘‘employment,’’. Mr. PRICE of Georgia. Mr. Chair, I It is time we start making sure our The CHAIR. Pursuant to House Reso- want to commend my colleague from laws strengthen the middle class, not lution 534, the gentleman from Min- Minnesota for recognizing the wisdom weaken it. nesota (Mr. WALZ) and a Member op- of the legislation and the importance America is indeed the land of oppor- posed each will control 5 minutes. of looking at the dynamism of the tunity. It is one of the principles upon The Chair recognizes the gentleman economy and effects that ought to be which our great Nation was founded. from Minnesota. Mr. WALZ of Minnesota. Mr. Chair- relayed to us from the Congressional Yet in 2012, if you are born into a low- man, I yield myself as much time as I Budget Office. The Congressional Budg- income family, you will most likely may consume. et Office’s macroeconomic analysis of- grow up to be poor. Sixty-five percent First of all, I would like to thank the tentimes already includes interest of Americans born into families with chairman and the ranking member for rates if the effects are relevant; how- earnings in the bottom fifth percentile making my amendment in order and ever, we believe that this amendment stay in the bottom two-fifths, while 62 granting me the opportunity to address helps clarify that, and we have no ob- percent of those raised in families with this. jection to the adoption of this amend- earnings in the top fifth stay in the top I rise today to offer what I think is a ment. two-fifths. very commonsense amendment to the I yield back the balance of my time. America has become a wealthier Na- underlying bill. There’s some of this Mr. WALZ of Minnesota. Mr. Chair- tion, but the wealth has bypassed the debate that there’s very little to de- man, I thank the gentleman for having middle class. Between 1979 and 2007, bate about. Our national debt is nearly that opportunity and for allowing this overall American household incomes $15 trillion. We’re borrowing about 30 to go forward. grew by 62 percent. The top 1 percent of cents on every dollar. This represents, I yield back the balance of my time. earners saw their incomes increase by in my opinion, one of the biggest The CHAIR. The question is on the 275 percent over the past 30 years. That threats to our economic future, and I amendment offered by the gentleman means their incomes nearly quad- believe it needs to be a top priority. from Minnesota (Mr. WALZ). rupled. In comparison, one-fifth of But I also believe the first step in ad- The amendment was agreed to. households with the lowest incomes dressing our national debt is getting AMENDMENT NO. 4 OFFERED BY MS. FUDGE only saw their incomes increase by 18 honest about how we calculate it and The CHAIR. It is now in order to con- percent. Although the pie is growing the impact of it. That means we have sider amendment No. 4 printed in part larger, middle-class Americans are to take the right factors into account, B of House Report 112–383. watching their slices get smaller. Even and that includes the impact that high- Ms. FUDGE. Mr. Chairman, I have an some of my Republican colleagues have er deficits will have on our economy. amendment at the desk. acknowledged the problem of economic As you know, the main problem with The CHAIR. The Clerk will designate immobility and wealth disparity in deficits is they push up interest rates. the amendment. this Nation. Eventually, it will happen. Higher in- The text of the amendment is as fol- Clearly, if impact analyses are going terest rates hurt the economy by mak- lows: to be required of the CBO, the factors ing it more expensive to buy a home or Page 2, line 14, strike ‘‘and’’ and on line 15, considered must include income in- a car. They make it harder for my con- before the period, insert ‘‘, and income in- equality. stituents to afford college for their equality’’. I urge my colleagues to support this children, and they make it more dif- Page 3, line 7, strike ‘‘and’’ and on line 8, amendment. ficult for local businesses to get credit insert ‘‘, and income inequality’’ after ‘‘tax I reserve the balance of my time. they need to grow. revenues’’. Mr. MULVANEY. I claim time in op- My amendment would simply ensure The CHAIR. Pursuant to House Reso- position. that the Congressional Budget Office lution 534, the gentlewoman from Ohio The CHAIR. The gentleman from and the Joint Committee on Taxation (Ms. FUDGE) and a Member opposed South Carolina is recognized for 5 min- expressly include interest rates in the each will control 5 minutes. utes. list of economic factors they consider The Chair recognizes the gentle- Mr. MULVANEY. Mr. Chairman, I in their studies. If we don’t consider in- woman from Ohio. rise today to draw attention to the fact terest rates, the underlying bill would Ms. FUDGE. Mr. Chairman, I thank that this appears to be essentially underestimate the impact unpaid gov- the Rules Committee and I thank the where our colleagues across the aisle ernment spending—or the un-offset tax chairman for making this amendment will probably be taking the national cuts—would have on the economy and in order. debate for the next 11 months. This is the deficit. Congress has to stop hiding Mr. Chairman, today I rise to offer an the politics of division. This is not the behind the funny math that masks the amendment to H.R. 3582, the Pro- politics of unity. This is not the poli- true costs of our policies. Growth Budgeting Act of 2012. tics of trying to bring people together I’d like to stress that my amendment The Pro-Growth Budgeting Act re- and seeing the country succeed. It’s the is nonpartisan and nonideological. It’s quires the Congressional Budget Office politics of trying to break us down into completely neutral on whether the def- to provide an impact analysis, in addi- different classes. icit is increased by unpaid-for spending tion to a score, when legislation would We hear a lot of talk and will hear a or un-offset tax cuts. The effects are have a budgetary effect greater than lot of talk this year about fairness, the same. It simply ensures that Con- one-quarter of 1 percent of GDP. about the 1 percent. What we won’t gress, when we take a vote, takes into The bill requires certain variables to hear, Mr. Chairman, is that, for exam- account whether it was done in a fis- be considered to determine economic ple, the top 1 percent of the wage earn- cally responsible manner. We must let impact. As the bill is currently writ- ers in this country make 20 percent of facts drive our decision-making, not ten, the variables considered include the income but pay 40 percent of the ideology. If the facts dispute our ide- impact on real GDP, business invest- taxes. ology, we need to change our ideology, ment, the capital stock, employment, b 1540 not the other way around. As a high and labor supply. The bill describes school teacher, one thing I know for these variables as major economic You won’t hear the other side define sure is you need to start by getting the variables. what is fair; they just want more and math right. One of the most important economic more and more. In fact, when you do I reserve the balance of my time, Mr. variables is missing from H.R. 3582. My ask them to talk about what they Chairman. amendment would insert income equal- would specifically have us do—which is Mr. PRICE of Georgia. Mr. Chairman, ity among the variables used to deter- go back to the Clinton era tax rates on I rise to claim the time in opposition, mine economic impact. It would also the top 1 percent—it would pay only 8 though I’m not opposed. require an estimate of the change in in- cents of every dollar of deficit in this

VerDate Mar 15 2010 01:40 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.015 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H408 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Nation. It’s not designed to solve any I yield back the balance of my time. gram, whose primary objective is job problems, Mr. Chairman, and neither is The CHAIR. The question is on the creation and increasing capital invest- this amendment. It is designed to con- amendment offered by the gentle- ment in distressed communities, irre- tinue to try and define us. woman from Ohio (Ms. FUDGE). spective of your location and your You can look at this amendment and The question was taken; and the background. It provides participating know that it is simply offered for polit- Chair announced that the noes ap- small businesses located in areas with ical gain. It doesn’t even attempt to peared to have it. low-income, high poverty rates, or high define income inequality in the amend- Ms. FUDGE. Mr. Chairman, I demand unemployment rates with contracting ment. It’s simply designed to make a a recorded vote. opportunities in the form of set-aside, political point. Furthermore, you can The CHAIR. Pursuant to clause 6 of sole-source awards and price evalua- get this information from Joint Tax if rule XVIII, further proceedings on the tion preferences. you simply ask for it. That tool is al- amendment offered by the gentle- Mr. Chairman, this could happen to ready available to us. woman from Ohio will be postponed. any community. One moment you Mr. Chairman, Americans are not en- AMENDMENT NO. 5 OFFERED BY MS. JACKSON could be thriving, and a tornado could vious. They are more interested in how LEE OF TEXAS come to you in the next moment and they are doing than whether or not The CHAIR. It is now in order to con- you fall in the category of a HUBZone their neighbors are succeeding. They sider amendment No. 5 printed in part to revitalize small businesses. So I ask are not envious, and we should not pass B of House Report 112–383. my colleagues to support an amend- an amendment that assumes that they Ms. JACKSON LEE of Texas. I have ment that spreads across America, and are. an amendment at the desk. to make the determination that the vi- With that, I reserve the balance of The CHAIR. The Clerk will designate tality of small businesses is important my time. the amendment. to all of us and an assessment should Ms. FUDGE. Can the Chair tell me The text of the amendment is as fol- be made using the HUBZone and the how much time I have remaining? lows: impact such legislation would have. The CHAIR. The gentlewoman from Page 2, line 18, after the period insert the I reserve the balance of my time. Ohio has 21⁄2 minutes remaining. following new sentence: ‘‘The analysis shall Ms. FUDGE. Mr. Chairman, let me also include estimates of the potential im- Mr. PRICE of Georgia. Mr. Chairman, just say for the record that I did not pact, if any, on HUBZones (as such term is I rise to claim time in opposition. talk about class; my colleague did. Let defined in section 3(p) of the Small Business The CHAIR. The gentleman is recog- me as well say to you that if you talk Act (15 U.S.C. 632(p))).’’ nized for 5 minutes. to the American people, they believe in The CHAIR. Pursuant to House Reso- Mr. PRICE of Georgia. I thank the fundamental fairness. I don’t think lution 534, the gentlewoman from gentlelady from Texas for offering this that the American people do not be- Texas (Ms. JACKSON LEE) and a Member amendment. But I would suggest that lieve in fairness. I further don’t believe opposed each will control 5 minutes. the macroeconomic impact analysis that the American people live in a Na- The Chair recognizes the gentle- that’s required already by the legisla- tion where they don’t believe that they woman from Texas. tion will analyze the effect of job can ever accomplish the American Ms. JACKSON LEE of Texas. I, too, growth and capital formation and eco- Dream. I don’t believe that the Amer- want to express my appreciation to the nomic growth. To add an additional ican people believe that they cannot Rules Committee for allowing my criteria in the analysis is unnecessary, climb the ladders to success. I do not amendment to come in. And I acknowl- and truly encourages focus on the in- believe that we live in a Nation where edge the ranking member of our Budg- terests in particular locations as op- people do not believe that they can rise et Committee for his excellent service, posed to the general welfare. Mr. VAN HOLLEN. I thank Dr. PRICE for above their circumstances. This is one of those areas that is So let me just say to my colleague, his presence here today and engaging rightly worked out in committee, the it’s not about class. It’s about the Na- in this discussion. discussion of these issues in com- tion in which we live, the Nation where In a few days, I will be meeting with mittee. So I would suggest to the gen- people come from all over the world a number of my clergy, along with my tlelady from Texas that this is not the wanting to see what it means to be small business community, coming appropriate opportunity to try to add great, what it means to realize the from all walks of life, and all of us have items to the bill that actually continue American Dream. That’s the America found in our hearts and our minds to to confound the information that that I’m talking about. recognize that small business is in fact would be provided to Members and This is not frivolous, this is what is the backbone of this country. So I focus on dividing things as opposed to right. This is what the American peo- would ask that, as we look at the issue general information. ple want, and I urge my colleagues to of macroeconomic analysis of this leg- support it. islation, that we include a well-defined If I may, Mr. Chairman, I just want I yield back the balance of my time. concept to understand what the impact to return to the bill itself and to dis- Mr. MULVANEY. Mr. Chairman, it’s will be on HUBZone areas as defined by cuss for just a moment the notion that the 2nd of February. We have roughly the Small Business Act. there is some type of bias within the 10 months between now and the next H.R. 3582 would require the Congres- piece of legislation itself. We’ve heard election. It’s plenty of time for the sional Budget Office to provide a mac- our friends on the other side of the folks across the aisle to let us know roeconomic impact analysis for bills aisle talk about that it’s biasing posi- what they mean by fairness. Tell us, that are estimated to have a large tive information as it relates to tax what does it mean? When you say that budgetary effect, and under this bill, cuts or tax reductions. we want a fair Tax Code, we want peo- there would be analysis that would Again, I would urge my colleagues ple to pay their fair share, would you come about on a number of issues that who are listening to this and will be please just let us know what that would, in fact, involve the gross domes- considering this piece of legislation in means in terms of raw numbers. Give tic product. short order to read the legislation. The us a real proposal as to what that The Small Business Administration legislation says nothing about whether means, and give us a real proposal that administers several programs to sup- or not the dynamic scoring, the flexible actually solves the problem, because port small businesses, including His- scoring that ought to be available for raising taxes on the top 1 percent sim- torically Underused Business Zone em- Members, that kind of information is ply will not accomplish what they say powerment contracting, better known going to look at tax reductions or tax that it will. Again, it pays only 8 cents as the HUBZone. The HUBZone pro- increases, whether it’s going to look at of every dollar worth of deficit. Let us gram is an effective program. It’s a how that affects the overall vitality of know what fairness is, but I can assure small business Federal contracting as- the economy. In fact, again, what this you, Mr. Chairman, it is not this sistance program that crosses the land. does is to provide much greater infor- amendment. For that reason, I think Wherever you live, you have the oppor- mation for our colleagues here to be we should defeat it. tunity to participate in a HUB pro- making decisions.

VerDate Mar 15 2010 01:48 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.070 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H409 And, as so many of my friends on our I urge my colleagues to defeat this Mr. Chair, I rise today in support of my side of the aisle have testified to dur- amendment and adopt the underlying amendment #5 to H.R. 3582, ‘‘The Pro-Growth ing this discussion on this piece of leg- bill. Budget Act of 2011.’’ My amendment requires islation, what’s needed around here is I yield back the balance of my time. the Congressional Budget Office to include as more information. We now have an ad- Ms. JACKSON LEE of Texas. I yield part of their macroeconomic analysis esti- ministration that has been marching myself such time as I may consume. mates of the potential impact, if any, on HUB to the Treasury to spend more and I thank the gentleman from Georgia ZONE areas as defined by the Small Business more and more and more and more for extending his analysis, but I am Act. money, plunging us into incredible saddened by the fact that issues deal- H.R. 3582, would require the Congressional debt—$1 trillion deficits for each of the ing with income inequality, where Budget Office to provide a macroeconomic im- 4 years of this current administra- we’re simply trying to acknowledge pact analysis for bills that are estimated to tion—$1 trillion, Mr. Chairman. We’ve and overtake comments by Presi- have a large budgetary effect. Under this bill never been there before. And it’s clear- dential candidate, Mitt Romney: I’m the CBO would be required to provide an ly having an incredible dragging effect not concerned about the poor—my analysis of the impact on the economy of any on the economy. point about the poor is that you’re rich bill that would have an estimated budgetary Wouldn’t it be wonderful to be able today and poor tomorrow. Catastrophic effect of greater than 0.25 percent of gross to have Members offer pieces of legisla- illness, devastation through a natural domestic product, GDP, in any fiscal year. tion and have the Congressional Budg- disaster, man-made disaster, a ter- CBO macroeconomic analysis would include et Office be able to tell us, say look, if rorist act will put many of us in condi- the estimated effect on revenues and outlays you’re going to insist on continuing tions that we would have never imag- of a change in GDP resulting from the legisla- down this road of debt and doubt and ined. tion being evaluated. Those estimates would What Dr. PRICE has failed to ac- despair, this is the consequence in the have to assume that certain tax policies not knowledge, and our Republican friends, real economy; the consequence is that currently in CBO’s baseline are extended. Fur- is that the dynamic scoring is rooted in it will continue to have a drag on the thermore, CBO would be required to publicly anti-tax. It is clear that the bill’s lan- economy, jobs will not be truly cre- provide the assumptions and models under- guage and approach is designed to lying those analyses. ated? In spite of the guise from the ad- make it easy to enact deficit-increas- ministration that they talk about jobs In all actuality, Mr. Chair, this bill could very ing tax cuts. well be entitled the, Revenge of Dynamic being created or saved, jobs won’t be Keeping the Bush tax cuts are not Scoring Champions Act, because that is in es- created. There’s a better way. There is going to improve the economy. Small sence what is going on here. a better way. And the American people businesses will. And ensuring that we Dynamic scoring is an attempt to measure know there’s a better way. don’t have revenue will definitely send the macroeconomic effects of policy changes b 1550 this Nation down a periled road of no before they happen, and continues to pop up And they know there’s a better way return. everywhere; in fact, even in negotiations of the Their own friend, former chairman of that we can be informed. They know Joint Select Committee on Deficit Reduction, the Budget Committee, Jim Nussle, that more information for their Mem- also known as the super committee. testified it may not be that the budget ber of Congress will allow their Mem- Dynamic scoring finds its roots in the anti- process is broken. It may not be, in ber of Congress to make wiser deci- tax movement. Dynamic scoring is problematic other words, the tools are broken, but sions. So all this bill is about, the Pro- for the agencies that score and estimate the it may be that we’re not using it. He, cost of legislation, and has been soundly re- Growth Budget Act, all it is about is an too, acknowledged the faultiness of dy- attempt to give you, to give me, to pro- jected. namic scoring. It is clear from the bill’s language and ap- vide for every single Member of this What I’m doing here today is to ask proach that it is designed to make it easier to body not biased information, not infor- for this amendment to take into con- enact deficit-increasing tax cuts. The bill re- mation that’s gaming the system, in- sideration hardworking small business quires CBO to produce supplementary esti- formation that allows for us to make owners, assess whether or not they will mates of the economic impact of major bills wiser decisions. be impacted negatively. using dynamic scoring, an approach that in- Wouldn’t it have been wonderful, Mr. We already know that agencies are volves more uncertainty and subjectivity than Chairman, if during some of the major going to have a difficult time in scor- current scoring rules. legislation of the past couple of years, ing this. We already know that this None other than Former Republican Budget wouldn’t it have been wonderful to scoring will have no impact on improv- Committee Chairman Jim Nussle opposed have had an outside entity, hopefully ing the economy. But the increase in moving to dynamic scoring, noting that CBO objective entity, be able to weigh in taxes that our colleagues want to do, ‘‘generally have done a better job than some and say, goodness gracious, if you with no balancing increase in revenues of the dynamic score-keeping. That has been spend $1 trillion of money that we to be able to bring down the deficit, is part of the challenge of moving to something don’t have, this is going to be the con- the peril that they’re sending us to. called dynamic scoring is that we have not sequence in the economy; this is going They have had hearings, and there found anything that was any more accurate to be one of the outcomes of it, which have been those who’ve acknowledged than the current way.’’ is you’re going to increase the debt in that dynamic scoring does little; but it Believers in dynamic scoring argue that tax this country; you’re going to decrease may impact negatively those hard- cuts pay for themselves, generally by spurring the sense that businesses out there working businesses that need to have so much economic growth, to the extent that have any certainty in the economy; the resources that would be provided to revenues will actually increase. If I didn’t know and, therefore, they’re not going to be them by the Small Business Adminis- any better Mr. Chair, I’d think they were talk- able to create the kind of jobs that all tration in their time of need or in their ing to us about trickle-down economics. of us desire and all of us want? time of growth. Mr. Chair, where have we heard that be- That’s the kind of information that I ask my colleagues to add one more fore? I recall that the Bush administration at- we would have liked to have had. element of information that will give tempted to impose the use of dynamic scoring That’s what we were saying at the us guidance as to what dynamic scor- to estimate the cost of its tax cuts, asserting time, and now it’s beginning to play ing will ultimately mean. There is no that tax cuts would increase revenue enough out, but it’s playing out with incred- doubt that an overwhelming number of to pay for themselves, sort of a trickle-down ible destruction in our communities Americans agree that we must do rev- form of budgeting. across our great land, playing out in enue, and certainly we must respond to Unfortunately Mr. Chair, the Bush tax cuts ways that makes it so that individuals the needs of the American people. did no such thing, but instead caused our na- are hurting and are harmed by the ac- None of us are reckless with taxes or tional debt to explode. My amendment only tions that were taken by the previous increasing taxes, Mr. Chairman. We seeks to look at the affect, should this meas- Congress and this administration. want to be balanced in what we do. I ure pass, on HUB Zones, as defined in the Wouldn’t it have been wonderful to believe my amendment is a balanced Small Business Act. have that information so that people amendment. I ask my colleagues to The Small Business Administration, SBA, could weigh the options? support it. administers several programs to support small

VerDate Mar 15 2010 01:48 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\CR\FM\K02FE7.072 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H410 CONGRESSIONAL RECORD — HOUSE February 2, 2012 businesses, including the Historically Underuti- Conventional revenue estimates already include more than the policy itself. In testimony be- lized Business Zone Empowerment Con- behavioral responses fore the House Committee on Rules in 2002, tracting, better known as the HUB Zone pro- While some proponents of dynamic scoring CBO director Dan Crippen expressed concern explain it as an alternative to ‘‘static’’ that his office would be stepping into a polit- gram. The HUB Zone program is a small busi- ical minefield by making these guesses: ness federal contracting assistance program standard scoring estimates, the conventional cost estimates prepared by the Congressional ‘‘CBO could make an assumption about what ‘‘whose primary objective is job creation and Budget Office, or CBO, and the Joint Com- the next five Congresses and at least two increasing capital investment in distressed mittee on Taxation, or JCT, are not actually presidents will do, but doing so would sub- communities.’’ It provides participating small static. In estimating the budgetary effects of ject us and the results to a chorus of con- businesses located in areas with low income, proposed legislation, CBO and JCT both in- troversy.’’ high poverty rates, or high unemployment corporate the microeconomic behavioral ef- Even if dynamic scoring worked as advertised, rates with contracting opportunities in the form fects of policy changes into their estimates. there is evidence the effects are quite small of ‘‘set-asides,’’ sole-source awards, and For example, when they score a gas-tax in- In 2006 a CBPP analysis of cost estimates price-evaluation preferences. crease, they account for the reduction in gas for President Bush’s proposal to make the purchases that would result. According to the Congressional Research 2001 and 2003 tax cuts permanent found that What they don’t do is attempt to measure the dynamic estimates did not differ greatly Service, In FY2010, the federal government the macroeconomic effects—the effects a pol- from conventional estimates. Two dynamic awarded contracts valued at $12.7 billion to icy will have on the overall growth of the estimates prepared by the CBO differed by HUBZone certified businesses, with about economy. As JCT explains, ‘‘estimates al- less than 4 percent from the conventional es- $3.6 billion of that amount awarded through ways take into account many likely behav- timate. Even the Bush administration’s own the HUBZone program. ioral responses by taxpayers to proposed estimate found that macroeconomic feed- Mr. Chair, that’s the gist of my amend- changes in tax law . . . [including] shifts in back would offset less than 10 percent of the ment—job creation—because that’s what we the timing of transactions and income rec- conventionally estimated cost. There is no ognition, shifts between business sectors and should be talking about on the House Floor evidence that we are missing out on large entity form, shifts in portfolio holdings, macroeconomic effects using conventional today. shifts in consumption, and tax planning and scoring methods. The Budget Committee has held two hear- avoidance.’’ The official JCT scores do as- Lawmakers can pass policies regardless of their ings on the general topic of budget process sume that GDP will not change from the pro- score jected CBO baseline. reform and the recommendations crossed If Congress and the president believe a pol- party lines. Former Budget Committee Chair- We cannot accurately measure the macro- icy will have positive macroeconomic ef- man Jim Nussle, a Republican witness, testi- economic effects of tax changes fects, nothing about conventional scoring fied that ‘‘It may not be that the budget proc- One problem with attempting to measure prevents them from passing it into law. The ess is broken. It may not be, in other words, macroeconomic feedback is that estimates Bush tax cuts were enacted despite their that tools are broken, but it may be the fact depend on a lot of assumptions. Broad score because policymakers believed they that the tools are not even being used.’’ economywide responses to tax policy would be good for the economy. With conven- Similarly, Dr. Philip Joyce, former Congres- changes are complex and often contradic- tional scoring, everyone generally knows tory. This reflects the wide range of effects a what’s included in the estimate and can sional Budget Office, CBO, staff member and tax change can have on different actors. make their own judgments based on that a Democratic witness, testified that ‘‘My main As an example, the Center on Budget and knowledge. Dynamic scoring would only in- message is that most of the tools that you Policy Priorities, or CBPP, notes that reduc- troduce more obscurity to the process. need to solve the budget problems faced by ing marginal tax rates can lead to two dif- For these five reasons, CBO and JCT have the country are already in your toolbox. If the ferent behavioral responses. Increasing the rightly chosen not to include dynamic scor- goal is to deal with the larger fiscal imbalance after-tax compensation that a worker re- ing in their official cost estimates. Switch- that faces us, the most important thing to do ceives for an additional hour of work could ing to dynamic scoring would greatly reduce transparency in the revenue-estimating is to make use of them, not search for more incentivize the worker to take on additional work because the awards are greater. At the process. Macroeconomic forecasting is an tools.’’ same time, increasing a worker’s take-home imperfect science and the underlying evi- And Mr. Chair, dynamic scoring is the wrong pay for the same hours of work could also dence can be interpreted in many different tool at the wrong time—though—In the interest incentivize the worker to work a fewer num- ways. Using dynamic scoring would greatly of fairness to the small businesses in dis- ber of hours for the same amount of money. pressure estimating agencies to make as- tressed communities, I ask my colleagues to Which of these two effects will be larger, and sumptions—assumptions that would be hard support my amendment, even though I have by how much? The empirical record simply to pick out, difficult to evaluate, and likely serious reservations about dynamic scoring. does not offer us a clear-cut answer to that very important at their extremes. CBO and question. The same is true of myriad other JCT already incorporate behavioral re- [From Center for American Progress, Nov. questions that dynamic scoring implicitly or sponses into their cost estimates, and at- 23, 2011] explicitly raises. There is no set of accepted tempts to measure macroeconomic effects of FIVE PROBLEMS WITH DYNAMIC SCORING rules that can be applied universally to all the proposed policies will be fraught with in- (By Sarah Ayres) tax-policy changes occurring in a variety of accuracies and perceived as politically bi- economic environments. ased. Dynamic scoring—an attempt to measure Even if we had clear-cut answers, there are We may be able to resolve some of these the macroeconomic effects of policy changes practical limits to the level of sophistication problems in the future but for now there are before they happen—continues to pop up ev- that the estimating agencies could bring to many reasons why it doesn’t make sense to erywhere, even in negotiations by the erst- dynamic scoring. Former CBO director Ru- use dynamic scoring. while Joint Select Committee on Deficit Re- dolph Penner describes the problem: ‘‘Con- duction, better known as the super com- I yield back the balance of my time. sistent dynamic scoring is logistically im- mittee. Long a favorite tool of antitax zeal- The CHAIR. The question is on the possible given current technology. Scoring is ots, dynamic scoring poses a number of prob- amendment offered by the gentle- a hectic process. The CBO and JCT produce lems that make it a poor tool for estimating woman from Texas (Ms. JACKSON LEE). hundreds of scores each year. Congress al- the cost of proposed legislation, and the ways wants scores instantaneously, and ana- The question was taken; and the agencies tasked with making these esti- lysts often work through the night to keep Chair announced that the noes ap- mates have rightly rejected it for years. them happy. Dynamic scoring would force peared to have it. Among those who advocate this method, it analysts to make many more judgment calls Ms. JACKSON LEE of Texas. Mr. is confined to revenue estimates, but it could than they do today. Quality control would be Chairman, I demand a recorded vote. be applied to spending as well. Fans of dy- difficult, and that implies a high risk that namic scoring argue that tax cuts pay for The CHAIR. Pursuant to clause 6 of ideological biases will pollute the analysis.’’ themselves, generally by spurring so much rule XVIII, further proceedings on the economic growth that revenues will actually Estimates require making assumptions about fu- amendment offered by the gentle- increase on net. In particular, the Bush ad- ture policies woman from Texas will be postponed. ministration lobbied for the use of dynamic Will a tax cut be paid for by spending cuts AMENDMENT NO. 6 OFFERED BY MR. QUIGLEY scoring to estimate the cost of its tax cuts, now or by taking on future debt? Macro- The CHAIR. It is now in order to con- asserting that tax cuts would increase rev- economic responses may differ greatly de- sider amendment No. 6 printed in part enue enough to pay for themselves. Of course pending on how policymakers choose to pay the Bush tax cuts did no such thing, instead for the policy. Requiring budget analysts to B of House Report 112–383. causing our national debt to explode. guess how the policy will be paid for in order Mr. QUIGLEY. Mr. Chairman, I have Dynamic scoring was a bad idea then and to score it opens up the possibility that their an amendment at the desk. it is still a bad idea today. Here are five rea- assumptions will influence the projected The CHAIR. The Clerk will designate sons why we shouldn’t use dynamic scoring. macroeconomic changes as much or even the amendment.

VerDate Mar 15 2010 01:48 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.023 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H411 The text of the amendment is as fol- tleman will commit to work with me product of the United States’’ and insert lows: to move this idea forward in a separate ‘‘$5,000,000,000’’. Page 3, after line 2, insert the following: venue. The CHAIR. Pursuant to House Reso- ‘‘(c) TAXPAYER RECEIPT.—The Director I yield back the balance of my time. lution 534, the gentleman from Arizona shall create and maintain a permanent Mr. PRICE of Georgia. Mr. Chairman, (Mr. FLAKE) and a Member opposed website with the domain name I claim the time in opposition. each will control 5 minutes. TaxpayerReceipt.gov (or a similar name if Am I to understand that the gen- The Chair recognizes the gentleman that is unavailable) and that includes a cal- tleman has withdrawn the amendment? from Arizona. culator that allows taxpayers to enter their annual income and receive an estimate of The CHAIR. The amendment has not b 1600 the amount of their projected contribution been withdrawn. Mr. QUIGLEY. Not formally, if I Mr. FLAKE. Mr. Chairman, let me to or receipt from any applicable major bill start by congratulating the Budget could respond. or resolution in the budget year and the suc- Committee and the gentleman from ceeding nine years, assuming the taxpayer Mr. PRICE of Georgia. Has the gen- Georgia for bringing this bill to the has a constant annual income.’’. tleman yielded back? Page 3, line 3, strike ‘‘(c)’’ and insert ‘‘(d)’’. The CHAIR. The gentleman has floor. We need to have more honest The CHAIR. Pursuant to House Reso- yielded back. budgeting, and this is a step in the lution 534, the gentleman from Illinois Mr. PRICE of Georgia. And the gen- right direction. I plan to support it. I have long supported the use of dynamic (Mr. QUIGLEY) and a Member opposed tleman is able to withdraw the amend- scoring in particular. I’m pleased to see each will control 5 minutes. ment after he has yielded back? The Chair recognizes the gentleman The CHAIR. Yes, by unanimous con- this issue on the floor today. It’s necessary to ensure that Con- from Illinois. sent. gress has the most reliable information Mr. QUIGLEY. Mr. Chairman, my Mr. PRICE of Georgia. I claim the possible. Not all tax cuts are created amendment would create a simple time in opposition. equal when it comes to the ability to CBO-sponsored Web site where tax- The CHAIR. The gentleman is recog- actually generate tax revenue, and I payers could learn how much they nized for 5 minutes. think that we ought to recognize that, would be contributing to major Federal Mr. PRICE of Georgia. Mr. Chairman, and that’s what dynamic scoring is all I want to commend the gentleman spending programs under consideration about. by Congress. Similarly, it would allow from Illinois for his amendment. But as H.R. 3582 requires CBO to provide a taxpayers to learn how much their we have had our staffs discuss, the supplemental dynamic analysis for a taxes would increase or decrease under amendment would truly mark a signifi- bill with a gross budgetary impact any major tax legislation being consid- cant departure from CBO’s historical greater than a quarter percent of the ered by this Congress. mission of providing information to U.S. gross domestic product in any fis- The fact is, we don’t do a good policymakers on fiscal and economic cal year. Based on the current GDP, I enough job communicating with our implications of a legislation. believe the threshold would be some- constituents. There’s too much misin- It would impose a significant new re- where in the neighborhood of $40 bil- formation out there, and good informa- quirement on CBO to calculate the tax- lion, meaning the dynamic scores tion isn’t accessible enough to Ameri- payer benefit or the cost of major leg- would be limited to bills with a gross cans without connections to Wash- islation, something that, candidly, Mr. impact of $40 billion a year. ington. Try digging through a govern- Chairman, the CBO lacks both the ex- Unless I’m mistaken, I believe that ment Web site, and you’ll see the dif- pertise and experience to be able to setting a trigger for a supplemental ficulty. My staff gets calls all the time provide. So though it’s commendable, I macroeconomic analysis would have from constituents who are having trou- don’t think it has a thing to do with yielded dynamic scores for somewhere ble finding good information about our the underlying bill. in the neighborhood of a couple dozen budget and our Tax Code. I do believe there are some private bills introduced last year, let alone the My amendment would take a signifi- sector solutions out there and look for- number that we considered. The cant and necessary step towards in- ward to working with the gentleman amendment that is ruled in order here creasing transparency and account- from Illinois, given that he has agreed would lower the threshold for requiring ability. If Congress wants to pass a to withdraw his amendment in the fu- a supplemental dynamic score to any major new spending program, the tax ture, as we move forward to, again, do legislation that would have a budg- and the costs to the taxpayer should be something that I believe to be com- etary impact greater than $5 billion in made transparent. If the Congress mendable, and that is to provide much a year. wants to pass a tax increase, the costs more information for hardworking tax- Now, I understand that there are con- to the taxpayer should be transparent. payers as well. cerns with setting the trigger consider- And if Congress wants to pass a tax And given that he has agreed to with- ably lower than the quarter percent of cut, taxpayers should know exactly draw the amendment, I yield back the GDP, including it would mean that how they or someone in their tax balance of my time. CBO would have considerably more bracket would benefit. Mr. QUIGLEY. Mr. Chairman, I just work to do. I am sensitive to that. But Transparency is the best way to hold wanted to give the gentleman an op- I do think that we ought to set the lawmakers in Washington accountable, portunity to explain his point. I thank standard a little lower, or the trigger a and it’s the best way to rein in out-of- him for his willingness to work on this little lower than $40 billion a year. control deficits. Our constituents have issue together. I now withdraw the CBO scores hundreds of bills a year. a right to this information, and we amendment. This is a lot more analysis that they shouldn’t skimp when it comes to The CHAIR. Without objection, the would have to do, but I think it is im- transparency. amendment is withdrawn. portant. But, as I mentioned, I’m sen- I’ve been working on this taxpayer There was no objection. sitive to the concerns that have been receipt idea since 2010, and 15 of my AMENDMENT NO. 7 OFFERED BY MR. FLAKE raised that this would require too colleagues, from both sides of the aisle, The CHAIR. It is now in order to con- much work or too much additional have joined me in supporting similar sider amendment No. 7 printed in part work, which might require additional legislation to this effect. B of House Report 112–383. staffing and everything else at the However, at this time, I understand Mr. FLAKE. Mr. Chairman, I have an CBO, so I’m prepared to withdraw this the gentleman from Georgia is opposed amendment at the desk made in order amendment. But I hope that, as this to this amendment, which pretty much under the rule. process moves forward, we can set a guarantees that it will go down in a The CHAIR. The Clerk will designate standard or a threshold a little lower blazing ball of martyrdom. And while the amendment. than $40 billion a year. I think that I’m a Cubs fan and my team hasn’t won The text of the amendment is as fol- that would benefit lawmakers as we a World Series since before manned lows: consider the impact of this legislation. flight, I am realistic. So I will offer to Page 3, lines 20 through 22, strike ‘‘.25 per- I’m prepared to withdraw the amend- withdraw this amendment if the gen- cent of the current projected gross domestic ment, but I’m happy to yield to my

VerDate Mar 15 2010 01:48 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.075 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H412 CONGRESSIONAL RECORD — HOUSE February 2, 2012 friend from Georgia the time that he lican conference was meeting to dis- any Member who’s serious about focus- might need. cuss changes to the rules of the House ing on jobs can support. Mr. PRICE of Georgia. Mr. Chairman, for the 112th Congress, I offered a com- Given these challenging economic I appreciate the gentleman for yield- monsense proposal. In a letter I sent to times and their profound impact on the ing. the chairman of the Rules Committee lives of men, women, and families I want to thank the gentleman for in January of 2011, I shared my belief throughout America, we need to ensure his amendment. I want to commend that our priority in this Congress must that the policies deliberated in Con- him for his wonderful work throughout be to enact legislation that will lead to gress include an evaluation of the im- his congressional career on the fiscal job growth. I further stated that, given pact on job creation. This amendment responsibility appropriations process, our priority of job creation, the new puts politics, partisanship, and con- having a more transparent and fiscally rules of the 112th Congress should re- troversial economic policy aside. responsible governance and a more quire disclosure of the impact on job Americans deserve to know whether open budgeting process and more re- creation of any legislation being con- the actions taken in Washington are sponsible budgeting process. sidered by the full House. That was 1 likely to result in job creation or job We both recognize the imperative of year ago, yet here we are today rehash- loss. My legislation will help provide a greater dynamic analysis to the leg- ing a seemingly age-old debate over Congress with this vitally important islation that we have coming before us. trickle-down economics. assessment. I urge my colleagues to What the appropriate threshold is, I While we debate back and forth about support this amendment. think we’re probably in the ballpark, whether H.R. 3582, the Pro-Growth I reserve the balance of my time. but I’m happy to work with the gen- Budgeting Act, is just another attempt Mr. PRICE of Georgia. Mr. Chairman, tleman as we move forward with this to strengthen the case for passing large I claim time in opposition. legislation to determine what that ap- tax cuts while minimizing the actual The Acting CHAIR. The gentleman is propriate threshold is for legislation to costs, back home in my State, the recognized for 5 minutes. be considered in a macroeconomic fash- State of Rhode Island, more than 60,000 Mr. PRICE of Georgia. The gen- ion from CBO. men and women are without jobs. tleman from Rhode Island says that While we debate a bill with dim pros- And I appreciate the gentleman’s this is a simple proposition, and in pects of ever passing the Senate, more amendment and also appreciate him that, he’s correct. It’s simply terrible. than 13 million Americans remain un- working with me in the future. What he does with this amendment is Mr. FLAKE. Mr. Chairman, again, I employed. Just as many of you have seen in to take away the entire underlying want to say I support this legislation. bill, and then he has the audacity to It’s good legislation. I look forward to your own districts what I’ve seen first- hand in my district, the toll that this say that the bill, itself, does not pro- working with the gentleman as we vide any constructive information for move ahead, and I ask unanimous con- recession has taken on our families, our businesses, and our communities. Members. sent that the amendment be with- So I guess what the Member is saying drawn. My State was one of the first States in the Northeast to be hit by the reces- is that an estimate of changes to eco- The Acting CHAIR (Mr. BASS). Is nomic output for legislation that we there objection to the request of the sion, and like many other States, our recovery is slow; and with 10.8 percent bring forward that is significant and gentleman from Arizona? has a huge effect on the gross domestic There was no objection. unemployment, the toll continues. That’s why, 1 year later, I’m still here product, I guess that’s not consequen- AMENDMENT NO. 8 OFFERED BY MR. CICILLINE tial. I guess that’s not in order to be The Acting CHAIR. It is now in order expressing the same urgent need for considered. I guess that means that the to consider amendment No. 8 printed in Congress to understand, as we consider gentleman doesn’t think that that af- part B of House Report 112–383. legislation, whether our legislative ac- fects unemployment. Mr. CICILLINE. Mr. Chairman, I tions will result in job creation or job Oh, yes, Mr. Chairman, employment, have an amendment at the desk. loss, and this is precisely what my The Acting CHAIR. The Clerk will amendment would do. on page 4, line 24 of the legislation. I designate the amendment. My amendment would strike the un- guess the gentleman thinks that that’s The text of the amendment is as fol- derlying language in H.R. 3582 and re- not important, that the dynamic con- lows: place it with the text of the Job Score sequences of legislation that’s brought Strike all after the enacting clause and in- Act, which I introduced earlier in this forward here that has significant effect sert the following: session. This proposal would amend the on GDP ought not be considered. SECTION 1. SHORT TITLE. Congressional Budget Act of 1974 to re- b 1610 This Act may be cited as the ‘‘Jobs Score quire that, in addition to cost esti- Act of 2012’’. mates, the Congressional Budget Office I guess the gentleman believes it is SEC. 2. AMENDMENT TO THE CONGRESSIONAL also prepare an estimate of the number tax revenue, not tax cuts, as I have BUDGET ACT OF 1974. of jobs which would be created, sus- stated from this position all afternoon. Section 402 of the Congressional Budget Our friends on the other side seem to Act of 1974 (2 U.S.C. 653) is amended— tained, or lost by enactment of the leg- islation reported by the committee, in- believe—in fact, the gentleman said— (1) in paragraph (2), by striking ‘‘and’’; the bill would ‘‘assume the inclusion of (2) in paragraph (3), by striking the period cluding regional and State-level esti- and inserting ‘‘; and’’; and mates. tax cuts.’’ (3) by inserting after paragraph (3) the fol- A companion to the Job Score Act Mr. Chairman, there is nothing in lowing: has been introduced into the Senate this bill that assumes any inclusion of ‘‘(4) an estimate of the number of jobs with bipartisan support, Republicans tax cuts or of tax reductions or tax in- which would be created, sustained, or lost in and Democrats. A commonsense ap- creases. All that this says is, with leg- carrying out such bill or resolution in the proach, there’s no voodoo economics in islation that has a significant effect on fiscal year in which it is to become effective this amendment. There’s no controver- our gross domestic product of .25 per- and in each of the 4 fiscal years following cent, which is about $40 billion, as has such fiscal year, together with the basis for sial provisions requiring budget esti- each such estimate, and to the extent prac- mates that assume the extension of the been talked about, that the CBO, the ticable, the analysis shall include regional Bush-era tax cuts for the wealthiest Congressional Budget Office—our arm and State-level estimates of jobs that would Americans. My amendment would not of the Congress that is providing us be created, sustained, or lost.’’. require the inclusion of subjective and with information and is able to give us The Acting CHAIR. Pursuant to uncertain macroeconomic feedback in the most information so that we can House Resolution 534, the gentleman revenue estimates. This amendment make the wisest decisions—ought to from Rhode Island and a Member op- goes beyond reviewing only major leg- look at these things in a dynamic way posed each will control 5 minutes. islation and requires a jobs impact as- and look at economic output, look at The Chair recognizes the gentleman sessment for every bill that requires a employment, look at tax revenues. Is it from Rhode Island. formal CBO score. going to be positive or negative? Is it Mr. CICILLINE. Mr. Chairman, a lit- My amendment is simple, straight- going to affect the economy positively tle over a year ago when the Repub- forward, and should be a proposal that or negatively? Would that we would

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.079 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H413 have done that over the past number of jobs. Will this bill create jobs if we The Chair will reduce to 2 minutes years, Mr. Chairman, maybe we would pass it? Will it cause the loss of jobs? the minimum time for any electronic have made some better decisions. That is the most urgent responsibility vote after the first vote in this series. So it is important for Members to ap- we have in Congress right now. This AMENDMENT NO. 1 OFFERED BY MR. PETERS preciate that this amendment strikes bill simply says that the analysis that The Acting CHAIR. The unfinished the entire bill and inserts in its place should be done on every bill that the business is the demand for a recorded something that I believe to be, for the CBO does is to ask: Will it create jobs? vote on the amendment offered by the bill, redundant but incredibly and re- Will it cause the loss of jobs? We would gentleman from Michigan (Mr. PETERS) markably burdensome to the Congres- do that statewide and regionally. on which further proceedings were sional Budget Office. The macro- Why is that information valuable? postponed and on which the noes pre- Because we should be singularly fo- economic analysis required by the base vailed by voice vote. cused on job creation. We should avoid bill already requires an analysis of the The Clerk will redesignate the the kind of partisanship in disputes effect of major legislation on employ- amendment. about trickle-down economics, voodoo ment and on labor supply. The Clerk redesignated the amend- economics; about the tax policy and The entire point of the bill is that ment. Congress ought to consider and have about using the Bush tax cuts as the better information on the economic baseline. We need a commonsense ap- RECORDED VOTE impact of major legislation that’s proach that simply says that Members The Acting CHAIR. A recorded vote being considered. The extension of this of Congress should have the informa- has been demanded. jobs analysis to every bill reported out tion and should know does this create A recorded vote was ordered. of a House committee will generate an jobs or does it not before making a de- The vote was taken by electronic de- incredible amount of work and burden. cision. vice, and there were—ayes 174, noes 244, For example, Mr. Chairman, we of- I yield back the balance of my time. not voting 14, as follows: tentimes get criticized for naming post Mr. PRICE of Georgia. Mr. Chairman, [Roll No. 24] offices. We’re going to assign somebody how much time remains? AYES—174 The Acting CHAIR. The gentleman at the Congressional Budget Office to Ackerman Garamendi Napolitano determine the jobs impact of renaming has 45 seconds remaining. Altmire Gonzalez Neal a post office. That’s right. You talk Mr. PRICE of Georgia. Mr. Chairman, Andrews Green, Al Olver about a redundant and worthless activ- the gentleman uses the appropriate Baca Green, Gene Owens buzzwords: trickle-down, voodoo, par- Baldwin Grijalva Pallone ity of the Federal Government. This Bass (CA) Gutierrez Pastor (AZ) would be decreasing the efficiency of tisanship, and all that. The fact of the Becerra Hahn Payne an already remarkably inefficient proc- matter is that none of that is in this Berkley Hanabusa Pelosi Berman Hastings (FL) Perlmutter ess at a time when we’re appropriately bill. What is in this bill is an objective, commonsense, common ground at- Bishop (GA) Heinrich Peters decreasing spending at the Federal Bishop (NY) Higgins Pingree (ME) level, which—yes, Mr. Chairman—also tempt to provide greater information Blumenauer Himes Polis includes the Congressional Budget Of- to Members of Congress, and his Boswell Hinojosa Price (NC) amendment strikes the entire under- Brady (PA) Hirono Quigley fice. They’re above where they were in Braley (IA) Hochul Rahall the midportion of the last decade, but lying piece of legislation. Brown (FL) Holden Rangel Again, at page 4, line 24, it calls on we’re beginning to get that spending Butterfield Holt Reyes the CBO to address the issues of dyna- Capps Honda Richardson under control. This bill would indis- mism as it relates to macroeconomic Capuano Hoyer Richmond criminately add to the workload, and it Carnahan Inslee Rush factors when bills are coming to the would provide, really, no new informa- Carney Israel Ryan (OH) floor—unemployment, unemployment, ´ tion to Members of Congress. Castor (FL) Jackson (IL) Sanchez, Linda Mr. Chairman. Chandler Jackson Lee T. My friend from Rhode Island is cor- I urge my colleagues to defeat this Chu (TX) Sanchez, Loretta rect. This is a simple amendment. It is Cicilline Johnson (GA) Sarbanes amendment and to adopt the under- simply a terrible amendment, and it Clarke (MI) Johnson, E. B. Schakowsky lying bill, and I yield back the balance Clarke (NY) Keating Schiff would completely end the underlying of my time. Clay Kildee Schrader piece of legislation. The Acting CHAIR. The question is Cleaver Kind Schwartz Clyburn Kissell Scott (VA) So I urge the defeat of this amend- on the amendment offered by the gen- ment, and I reserve the balance of my Cohen Kucinich Scott, David tleman from Rhode Island (Mr. Connolly (VA) Langevin Serrano time. CICILLINE). Conyers Larsen (WA) Sewell Mr. CICILLINE. How much time re- The question was taken; and the Act- Cooper Larson (CT) Sherman Costa Lee (CA) Shuler mains, Mr. Chairman? ing Chair announced that the noes ap- The Acting CHAIR. The gentleman Costello Levin Slaughter peared to have it. Courtney Lewis (GA) Smith (WA) 1 from Rhode Island has 1 ⁄2 minutes re- Mr. CICILLINE. Mr. Chairman, I de- Critz Lipinski Speier maining. mand a recorded vote. Crowley Loebsack Stark Mr. CICILLINE. The amendment that Cummings Lofgren, Zoe Sutton The Acting CHAIR. Pursuant to Davis (CA) Lowey Thompson (CA) I’ve offered does substitute the existing clause 6 of rule XVIII, further pro- Davis (IL) Luja´ n Thompson (MS) bill, and that’s because, in fact, it is a ceedings on the amendment offered by DeFazio Lynch Tierney terrible bill. And that’s why I proposed the gentleman from Rhode Island will DeGette Maloney Tonko this amendment—to substitute it—to DeLauro Markey Towns be postponed. Deutch Matsui Tsongas avoid what the bill that is on the floor ANNOUNCEMENT BY THE ACTING CHAIR Dicks McCarthy (NY) Van Hollen does. The Acting CHAIR. Pursuant to Dingell McCollum Vela´ zquez Doggett McDermott Visclosky It avoids the partisanship, the con- clause 6 of rule XVIII, proceedings will troversial economic policy for which Donnelly (IN) McGovern Walz (MN) now resume on those amendments Doyle McNerney Wasserman there is so much disagreement and printed in Part B of House Report 112– Edwards Meeks Schultz which we’ve heard about for the last 383 on which further proceedings were Ellison Michaud Waters hour. There is no hidden agenda as to Engel Miller (NC) Watt postponed, in the following order: Eshoo Miller, George Waxman high tax cuts while trying to use as a Amendment No. 1 by Mr. PETERS of Farr Moore Welch baseline the Bush tax cuts. It puts Michigan. Fattah Moran Wilson (FL) aside all of the disagreements about Amendment No. 2 by Mr. CONNOLLY Frank (MA) Murphy (CT) Woolsey Fudge Nadler Yarmuth which we’ve just heard for 1 hour, and of Virginia. it uses common sense. Amendment No. 4 by Ms. FUDGE of NOES—244 I certainly suggest to my friend, the Ohio. Adams Austria Barton (TX) gentleman from Georgia, that, in fact, Amendment No. 5 by Ms. JACKSON Aderholt Bachmann Bass (NH) Akin Bachus Benishek the single most important analysis we EE L of Texas. Alexander Barletta Biggert should be doing on every single bill Amendment No. 8 by Mr. CICILLINE of Amash Barrow Bilbray that the CBO does an analysis of is Rhode Island. Amodei Bartlett Bilirakis

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.082 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H414 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Bishop (UT) Hall Pence Mr. FILNER. Mr. Chair, on rollcall No. 24, I Wasserman Watt Wilson (FL) Black Hanna Peterson Schultz Waxman Woolsey Blackburn Harper Petri was away from the Capitol due to prior com- Waters Welch Yarmuth Bonner Harris Pitts mitments to my constituents. Had I been Bono Mack Hartzler Platts present, I would have voted ‘‘aye.’’ NOES—237 Boren Hastings (WA) Poe (TX) Stated against: Adams Goodlatte Olson Boustany Hayworth Pompeo Aderholt Gosar Palazzo Brady (TX) Heck Posey Mr. CASSIDY. Mr. Chair, on rollcall No. 24, Akin Gowdy Paulsen Brooks Hensarling Price (GA) I was unavoidably detained. Had I been Alexander Granger Pearce Broun (GA) Herger Quayle present, I would have voted ‘‘no.’’ Amash Graves (GA) Pence Buchanan Herrera Beutler Reed Amodei Graves (MO) Peterson Bucshon Huelskamp Rehberg AMENDMENT NO. 2 OFFERED BY MR. CONNOLLY Austria Griffin (AR) Petri Buerkle Huizenga (MI) Reichert OF VIRGINIA Bachmann Griffith (VA) Pitts Burgess Hultgren Renacci The Acting CHAIR. The unfinished Bachus Grimm Platts Burton (IN) Hunter Ribble business is the demand for a recorded Barletta Guinta Poe (TX) Calvert Hurt Rigell Bartlett Guthrie Pompeo Camp Issa Rivera vote on the amendment offered by the Barton (TX) Hall Posey Campbell Jenkins Roby gentleman from Virginia (Mr. CON- Bass (NH) Hanna Price (GA) Canseco Johnson (IL) Roe (TN) NOLLY) on which further proceedings Benishek Harper Quayle Cantor Johnson (OH) Rogers (AL) Biggert Harris were postponed and on which the noes Reed Capito Johnson, Sam Rogers (KY) Bilbray Hartzler Rehberg Carter Jones Rogers (MI) prevailed by voice vote. Bilirakis Hastings (WA) Reichert Chabot Jordan Rohrabacher The Clerk will redesignate the Bishop (UT) Hayworth Renacci Chaffetz Kelly Rokita amendment. Black Heck Ribble Coble King (IA) Rooney Blackburn Hensarling Rigell Coffman (CO) King (NY) Ros-Lehtinen The Clerk redesignated the amend- Bonner Herger Rivera Cole Kingston Roskam ment. Bono Mack Herrera Beutler Roby Conaway Kinzinger (IL) Ross (AR) Boren Huelskamp Roe (TN) Cravaack Kline Ross (FL) RECORDED VOTE Boustany Huizenga (MI) Rogers (AL) Crawford Labrador Royce The Acting CHAIR. A recorded vote Brady (TX) Hultgren Rogers (KY) Crenshaw Lamborn Runyan Brooks Hunter Rogers (MI) Cuellar Lance Ryan (WI) has been demanded. Broun (GA) Hurt Rohrabacher Culberson Landry Scalise A recorded vote was ordered. Buchanan Issa Rokita Davis (KY) Lankford Schilling The Acting CHAIR. This will be a 2- Bucshon Jenkins Rooney Denham Latham Schmidt minute vote. Buerkle Johnson (OH) Ros-Lehtinen Dent LaTourette Schock Burgess Johnson, Sam Roskam DesJarlais Latta Schweikert The vote was taken by electronic de- Burton (IN) Jordan Ross (FL) Diaz-Balart Lewis (CA) Scott (SC) vice, and there were—ayes 177, noes 237, Calvert Kelly Royce Dold LoBiondo Scott, Austin Camp King (IA) not voting 18, as follows: Runyan Dreier Long Sensenbrenner Campbell King (NY) Ryan (WI) Duffy Lucas Sessions [Roll No. 25] Cantor Kingston Scalise Duncan (SC) Luetkemeyer Shimkus Capito Kinzinger (IL) AYES—177 Schilling Duncan (TN) Lummis Shuster Carter Kline Ackerman Frank (MA) Miller (NC) Schmidt Ellmers Lungren, Daniel Simpson Cassidy Labrador Altmire Fudge Miller, George Schweikert Emerson E. Smith (NE) Chabot Lamborn Andrews Garamendi Moore Scott (SC) Farenthold Manzullo Smith (NJ) Chaffetz Lance Baca Gibson Moran Scott, Austin Fincher Marchant Smith (TX) Coble Landry Baldwin Gonzalez Murphy (CT) Fitzpatrick Marino Southerland Coffman (CO) Lankford Sensenbrenner Barrow Green, Al Nadler Flake Matheson Stearns Cole Latham Sessions Bass (CA) Green, Gene Napolitano Fleischmann McCarthy (CA) Stivers Conaway Latta Shimkus Becerra Grijalva Neal Fleming McCaul Stutzman Cooper Lewis (CA) Shuler Berkley Hahn Olver Flores McClintock Sullivan Cravaack LoBiondo Shuster Berman Hanabusa Owens Forbes McCotter Terry Crawford Long Simpson Bishop (GA) Hastings (FL) Pallone Fortenberry McHenry Thompson (PA) Crenshaw Lucas Smith (NE) Bishop (NY) Heinrich Pastor (AZ) Foxx McIntyre Thornberry Culberson Luetkemeyer Smith (NJ) Blumenauer Higgins Payne Franks (AZ) McKeon Tiberi Davis (KY) Lummis Smith (TX) Boswell Himes Pelosi Frelinghuysen McKinley Tipton Denham Lungren, Daniel Southerland Brady (PA) Hinojosa Perlmutter Gallegly McMorris Turner (NY) Dent E. Stearns Braley (IA) Hirono Peters Gardner Rodgers Turner (OH) DesJarlais Manzullo Stivers Brown (FL) Hochul Pingree (ME) Garrett Meehan Upton Diaz-Balart Marchant Stutzman Butterfield Holden Polis Gerlach Mica Walberg Dold Marino Sullivan Capps Holt Price (NC) Gibbs Miller (FL) Walden Dreier Matheson Terry Carney Honda Quigley Gibson Miller (MI) Walsh (IL) Duffy McCarthy (CA) Thompson (PA) Castor (FL) Hoyer Rahall Gingrey (GA) Miller, Gary Webster Duncan (SC) McCaul Thornberry Chandler Inslee Rangel Gohmert Mulvaney West Duncan (TN) McClintock Tiberi Chu Israel Reyes Goodlatte Murphy (PA) Westmoreland Ellmers McCotter Tipton Cicilline Jackson (IL) Richardson Gosar Myrick Whitfield Emerson McHenry Turner (NY) Clarke (MI) Jackson Lee Richmond Gowdy Neugebauer Wilson (SC) Farenthold McIntyre Turner (OH) Clarke (NY) (TX) Ross (AR) Granger Noem Wittman Fincher McKeon Upton Clay Johnson (GA) Ruppersberger Graves (GA) Nugent Wolf Flake McKinley Walberg Cleaver Johnson (IL) Rush Graves (MO) Nunes Womack Fleischmann McMorris Walden Clyburn Johnson, E. B. Ryan (OH) Griffin (AR) Nunnelee Woodall Fleming Rodgers Walsh (IL) Cohen Jones Sa´ nchez, Linda Griffith (VA) Olson Yoder Flores Meehan Webster Connolly (VA) Keating T. Grimm Palazzo Young (AK) Forbes Mica West Conyers Kildee Sanchez, Loretta Guinta Paulsen Young (FL) Fortenberry Miller (FL) Westmoreland Costa Kind Sarbanes Guthrie Pearce Young (IN) Foxx Miller (MI) Whitfield Costello Kissell Schakowsky Franks (AZ) Miller, Gary Wilson (SC) Courtney Kucinich Schiff NOT VOTING—14 Frelinghuysen Mulvaney Wittman Critz Langevin Schrader Berg Hinchey Rothman (NJ) Gallegly Murphy (PA) Wolf Crowley Larsen (WA) Schwartz Cardoza Kaptur Roybal-Allard Gardner Myrick Womack Cuellar Larson (CT) Scott (VA) Carson (IN) Mack Garrett Neugebauer Woodall Ruppersberger Cummings Lee (CA) Scott, David Cassidy Pascrell Gerlach Noem Yoder Sires Davis (CA) Levin Serrano Filner Paul Gibbs Nugent Young (AK) Davis (IL) Lewis (GA) Sewell Gingrey (GA) Nunes Young (FL) DeFazio Lipinski Sherman Gohmert Nunnelee Young (IN) b 1645 DeGette Loebsack Slaughter DeLauro Lofgren, Zoe Smith (WA) NOT VOTING—18 Deutch Lowey Speier Messrs. GUINTA, GARY G. MILLER Berg Filner Pascrell Dicks Luja´ n Stark of California, CRAVAACK, SHUSTER Canseco Gutierrez Paul Dingell Lynch Sutton Capuano Hinchey Rothman (NJ) and MCINTYRE changed their vote Doggett Maloney Thompson (CA) Cardoza Kaptur Roybal-Allard from ‘‘aye’’ to ‘‘no.’’ Donnelly (IN) Markey Thompson (MS) Carnahan LaTourette Schock Doyle Matsui Tierney Messrs. CLEAVER and COSTA Carson (IN) Mack Sires Edwards McCarthy (NY) Tonko changed their vote from ‘‘no’’ to ‘‘aye.’’ Ellison McCollum Towns So the amendment was rejected. Engel McDermott Tsongas b 1649 The result of the vote was announced Eshoo McGovern Van Hollen So the amendment was rejected. Farr McNerney Vela´ zquez as above recorded. Fattah Meeks Visclosky The result of the vote was announced Stated for: Fitzpatrick Michaud Walz (MN) as above recorded.

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.028 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H415 Stated for: Austria Granger Olson ments to my constituents. Had I been present, Bachmann Graves (GA) Owens Mr. FILNER. Mr. Chair, on rollcall 25, I was Bachus Graves (MO) Palazzo I would have ‘‘aye.’’ away from the Capitol due to prior commit- Barletta Griffin (AR) Paulsen Mr. SHERMAN. Mr. Chair, on rollcall No. ments to my constituents. Had I been present, Bartlett Griffith (VA) Pearce 26, had I been present, I would have voted I would have voted ‘‘aye.’’ Barton (TX) Grimm Pence Bass (NH) Guinta Peterson ‘‘aye.’’ AMENDMENT NO. 4 OFFERED BY MS. FUDGE Benishek Guthrie Petri AMENDMENT NO. 5 OFFERED BY MS. JACKSON The Acting CHAIR. The unfinished Biggert Hall Pitts LEE OF TEXAS business is the demand for a recorded Bilbray Hanna Platts Bilirakis Harper Poe (TX) The Acting CHAIR. The unfinished vote on the amendment offered by the Bishop (UT) Harris Pompeo business is the demand for a recorded gentlewoman from Ohio (Ms. FUDGE) on Black Hartzler Posey vote on the amendment offered by the which further proceedings were post- Blackburn Hastings (WA) Price (GA) Bonner Hayworth Quayle gentlewoman from Texas (Ms. JACKSON poned and on which the noes prevailed Bono Mack Heck Reed LEE) on which further proceedings were by voice vote. Boren Hensarling Rehberg postponed and on which the noes pre- The Clerk will redesignate the Boustany Herger Reichert Brady (TX) Herrera Beutler vailed by voice vote. amendment. Renacci Brooks Huelskamp Ribble The Clerk will redesignate the The Clerk redesignated the amend- Broun (GA) Huizenga (MI) Rigell amendment. ment. Buchanan Hultgren Rivera Bucshon Hunter Roby The Clerk redesignated the amend- RECORDED VOTE Buerkle Hurt Roe (TN) ment. The Acting CHAIR. A recorded vote Burgess Issa Rogers (AL) RECORDED VOTE has been demanded. Burton (IN) Jenkins Rogers (KY) Calvert Johnson (IL) Rogers (MI) The Acting CHAIR. A recorded vote A recorded vote was ordered. Camp Johnson (OH) Rohrabacher has been demanded. The Acting CHAIR. This will be a 2- Campbell Johnson, Sam Rokita minute vote. Cantor Jones Rooney A recorded vote was ordered. Capito Jordan Ros-Lehtinen The vote was taken by electronic de- Carter Kelly The Acting CHAIR. This will be a 2- Roskam vice, and there were—ayes 171, noes 243, Cassidy King (IA) Ross (FL) minute vote. Chabot King (NY) not voting 18, as follows: Royce The vote was taken by electronic de- Chaffetz Kingston Runyan [Roll No. 26] Coble Kinzinger (IL) vice, and there were—ayes 173, noes 243, Ryan (WI) Coffman (CO) Kline AYES—171 Scalise not voting 16, as follows: Cole Labrador Ackerman Gonzalez Neal Schmidt Conaway Lamborn [Roll No. 27] Altmire Green, Al Olver Schock Cooper Lance Andrews Green, Gene Pallone Schweikert AYES—173 Costa Landry Baca Grijalva Pastor (AZ) Cravaack Lankford Scott (SC) Ackerman Garamendi Neal Baldwin Gutierrez Payne Crawford Latham Scott, Austin Altmire Gonzalez Olver Barrow Hahn Pelosi Crenshaw LaTourette Sensenbrenner Andrews Green, Al Owens Bass (CA) Hanabusa Perlmutter Culberson Latta Sessions Baca Green, Gene Pallone Becerra Hastings (FL) Peters Davis (KY) Lewis (CA) Shimkus Baldwin Grijalva Pastor (AZ) Berkley Heinrich Pingree (ME) Denham LoBiondo Shuler Barletta Gutierrez Payne Berman Higgins Polis Dent Long Shuster Barrow Hahn Pelosi Bishop (GA) Himes Price (NC) DesJarlais Lucas Simpson Bartlett Hanabusa Perlmutter Bishop (NY) Hinojosa Quigley Diaz-Balart Luetkemeyer Smith (NE) Bass (CA) Harris Peters Blumenauer Hirono Rahall Dold Lummis Smith (NJ) Becerra Hastings (FL) Pingree (ME) Boswell Hochul Rangel Donnelly (IN) Lungren, Daniel Smith (TX) Berkley Heinrich Polis Brady (PA) Holden Reyes Dreier E. Southerland Berman Higgins Price (NC) Braley (IA) Holt Richardson Duffy Manzullo Stearns Bishop (GA) Himes Quigley Brown (FL) Honda Richmond Duncan (SC) Marchant Stivers Bishop (NY) Hinojosa Rahall Butterfield Hoyer Ross (AR) Duncan (TN) Marino Stutzman Blumenauer Hirono Rangel Capps Inslee Ruppersberger Ellmers Matheson Terry Boswell Hochul Capuano Israel Rush Reyes Emerson McCarthy (CA) Thompson (PA) Brady (PA) Holden Carnahan Jackson (IL) Ryan (OH) Richardson Farenthold McCaul Thornberry Braley (IA) Holt Carney Jackson Lee Sa´ nchez, Linda Richmond Fincher McClintock Tiberi Brown (FL) Honda Castor (FL) (TX) T. Ross (AR) Fitzpatrick McCotter Tipton Butterfield Hoyer Chandler Johnson (GA) Sanchez, Loretta Ruppersberger Flake McHenry Turner (NY) Capps Inslee Chu Johnson, E. B. Sarbanes Rush Fleischmann McIntyre Turner (OH) Capuano Israel Cicilline Keating Schakowsky Ryan (OH) Fleming McKeon Upton Carnahan Jackson (IL) Clarke (MI) Kildee Schiff Sa´ nchez, Linda Flores McKinley Walberg Castor (FL) Jackson Lee Clarke (NY) Kind Schilling T. Forbes McMorris Walden Chandler (TX) Clay Kissell Schrader Sanchez, Loretta Fortenberry Rodgers Walsh (IL) Chu Johnson (GA) Cleaver Kucinich Schwartz Sarbanes Foxx Meehan Webster Cicilline Johnson, E. B. Clyburn Langevin Scott (VA) Schakowsky Franks (AZ) Mica West Clarke (MI) Jones Cohen Larsen (WA) Scott, David Schiff Frelinghuysen Miller (FL) Westmoreland Clarke (NY) Keating Connolly (VA) Larson (CT) Serrano Schilling Gallegly Miller (MI) Whitfield Clay Kildee Conyers Lee (CA) Sewell Schwartz Gardner Miller, Gary Wilson (SC) Cleaver Kissell Costello Levin Slaughter Scott (VA) Garrett Mulvaney Wittman Clyburn Kucinich Courtney Lewis (GA) Smith (WA) Scott, David Gerlach Murphy (PA) Wolf Cohen Langevin Critz Lipinski Speier Serrano Gibbs Myrick Womack Connolly (VA) Larsen (WA) Crowley Loebsack Stark Sewell Gingrey (GA) Neugebauer Woodall Conyers Larson (CT) Cuellar Lofgren, Zoe Sutton Sherman Gohmert Noem Yoder Costello Lee (CA) Cummings Lowey Thompson (CA) Slaughter Goodlatte Nugent Young (AK) Courtney Levin Davis (CA) Luja´ n Thompson (MS) Smith (WA) Gosar Nunes Young (FL) Critz Lewis (GA) Davis (IL) Lynch Tierney Speier Gowdy Nunnelee Young (IN) Crowley Loebsack DeFazio Maloney Tonko Cuellar Lofgren, Zoe Stark DeGette Markey Towns NOT VOTING—18 Cummings Lowey Sutton DeLauro Matsui Tsongas Davis (CA) Luja´ n Thompson (CA) Berg Garamendi Paul Deutch McCarthy (NY) Van Hollen Davis (IL) Lynch Thompson (MS) Canseco Hinchey Rothman (NJ) Dingell McCollum Vela´ zquez DeFazio Maloney Tierney Cardoza Kaptur Roybal-Allard Doggett McDermott Visclosky DeGette Markey Tonko Carson (IN) Mack Sherman Doyle McGovern Walz (MN) DeLauro Matsui Towns Dicks Miller (NC) Sires Edwards McNerney Wasserman Deutch McCarthy (NY) Tsongas Filner Pascrell Sullivan Ellison Meeks Schultz Dicks McCollum Van Hollen Engel Michaud Waters Dingell McDermott Vela´ zquez Eshoo Miller, George Watt b 1652 Doggett McGovern Visclosky Farr Moore Waxman Doyle McNerney Walz (MN) Fattah Moran Welch So the amendment was rejected. Edwards Meeks Wasserman Frank (MA) Murphy (CT) Wilson (FL) Ellison Michaud Schultz Fudge Nadler Woolsey The result of the vote was announced Engel Miller (NC) Watt Gibson Napolitano Yarmuth as above recorded. Eshoo Miller, George Waxman Stated for: Farr Moore Welch NOES—243 Fattah Moran Wilson (FL) Adams Akin Amash Mr. FILNER. Mr. Chair, on rollcall 26, I was Frank (MA) Murphy (CT) Woolsey Aderholt Alexander Amodei away from the Capitol due to prior commit- Fudge Nadler Yarmuth

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.033 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H416 CONGRESSIONAL RECORD — HOUSE February 2, 2012 NOES—243 Mr. FILNER. Mr. Chair, on rollcall 27, I was NOES—245 Adams Goodlatte Nunnelee away from the Capitol due to prior commit- Adams Gibson Nunes Aderholt Gosar Olson ments to my constituents. Had I been present, Aderholt Gingrey (GA) Nunnelee Akin Gowdy Palazzo Akin Gohmert Olson Alexander Granger Paulsen I would have voted ‘‘aye.’’ Alexander Goodlatte Palazzo Amash Graves (GA) Pearce Mr. BERG. Mr. Chair, on rollcall Nos. 24, Amash Gosar Paulsen Amodei Graves (MO) Pence 25, 26, and 27, had I been present, I would Amodei Gowdy Pearce Austria Griffin (AR) Peterson have voted ‘‘no.’’ Austria Granger Pence Bachmann Griffith (VA) Petri Bachmann Graves (GA) Peterson Bachus Grimm Pitts AMENDMENT NO. 8 OFFERED BY MR. CICILLINE Bachus Graves (MO) Petri Barton (TX) Guinta Platts The Acting CHAIR. The unfinished Barletta Griffin (AR) Pitts Bass (NH) Guthrie Barrow Griffith (VA) Poe (TX) business is the demand for a recorded Platts Benishek Hall Pompeo Bartlett Grimm Poe (TX) Biggert Hanna Posey vote on the amendment offered by the Barton (TX) Guinta Pompeo Bilbray Harper Price (GA) gentleman from Rhode Island (Mr. Bass (NH) Guthrie Posey Bilirakis Hartzler Quayle Benishek Hall Price (GA) Bishop (UT) Hastings (WA) CICILLINE) on which further pro- Berg Hanna Reed Quayle Black Hayworth ceedings were postponed and on which Biggert Harper Rehberg Reed Blackburn Heck Bilbray Harris Reichert the noes prevailed by voice vote. Rehberg Bonner Hensarling Bilirakis Hartzler Renacci Reichert Bono Mack Herger The Clerk will redesignate the Bishop (UT) Hastings (WA) Ribble Renacci Boren Herrera Beutler amendment. Black Hayworth Rigell Ribble Boustany Huelskamp Rivera The Clerk redesignated the amend- Blackburn Heck Brady (TX) Huizenga (MI) Bonner Hensarling Rigell Roby ment. Rivera Brooks Hultgren Roe (TN) Bono Mack Herger Buchanan Hunter RECORDED VOTE Boren Herrera Beutler Roby Rogers (AL) Roe (TN) Bucshon Hurt Rogers (KY) The Acting CHAIR. A recorded vote Boustany Huelskamp Buerkle Issa Brady (TX) Huizenga (MI) Rogers (AL) Rogers (MI) has been demanded. Rogers (KY) Burgess Jenkins Rohrabacher Brooks Hultgren Burton (IN) Johnson (IL) A recorded vote was ordered. Broun (GA) Hunter Rogers (MI) Rokita Rohrabacher Calvert Johnson (OH) Rooney The Acting CHAIR. This will be a 2- Buchanan Hurt Camp Johnson, Sam Bucshon Issa Rokita Ros-Lehtinen Campbell Jordan minute vote. Buerkle Jenkins Rooney Roskam Cantor Kelly Burgess Johnson (IL) Roskam Ross (FL) The vote was taken by electronic de- Capito Kind Burton (IN) Johnson (OH) Ross (FL) Royce vice, and there were—ayes 174, noes 245, Carney King (IA) Calvert Johnson, Sam Royce Runyan Carter King (NY) not voting 13, as follows: Camp Jones Runyan Ryan (WI) Cassidy Kingston Campbell Jordan Ryan (WI) Scalise [Roll No. 28] Chabot Kinzinger (IL) Canseco Kelly Scalise Schmidt Chaffetz Kline AYES—174 Cantor King (IA) Schilling Schock Coble Labrador Capito King (NY) Schmidt Schrader Ackerman Gonzalez Napolitano Coffman (CO) Lamborn Altmire Green, Al Neal Carter Kingston Schock Schweikert Cole Lance Andrews Green, Gene Olver Cassidy Kinzinger (IL) Schweikert Scott (SC) Conaway Landry Baca Grijalva Owens Chabot Kline Scott, Austin Scott (SC) Cooper Lankford Baldwin Gutierrez Pallone Chaffetz Labrador Sensenbrenner Scott, Austin Costa Latham Bass (CA) Hahn Pastor (AZ) Coble Lamborn Sessions Sensenbrenner Cravaack LaTourette Becerra Hanabusa Pelosi Coffman (CO) Lance Shimkus Sessions Crawford Latta Berkley Hastings (FL) Perlmutter Cole Landry Shuler Shimkus Crenshaw Lewis (CA) Berman Heinrich Peters Conaway Lankford Shuster Shuler Culberson Lipinski Bishop (GA) Higgins Pingree (ME) Cooper Latham Simpson Shuster Davis (KY) LoBiondo Bishop (NY) Himes Polis Costa LaTourette Smith (NE) Simpson Denham Long Blumenauer Hinojosa Price (NC) Cravaack Latta Smith (NE) Dent Lucas Smith (NJ) Crawford Lewis (CA) Boswell Hirono Quigley Smith (NJ) DesJarlais Luetkemeyer Smith (TX) Crenshaw LoBiondo Brady (PA) Hochul Rahall Smith (TX) Diaz-Balart Lummis Southerland Culberson Long Braley (IA) Holden Rangel Southerland Dold Lungren, Daniel Stearns Davis (KY) Lucas Brown (FL) Holt Reyes Stearns Donnelly (IN) E. Stivers Denham Luetkemeyer Butterfield Honda Richardson Stivers Dreier Manzullo Stutzman Capps Hoyer Richmond Dent Lummis Stutzman Duffy Marchant Sullivan Capuano Inslee Ross (AR) DesJarlais Lungren, Daniel Sullivan Duncan (SC) Marino Terry Carnahan Israel Ruppersberger Diaz-Balart E. Terry Duncan (TN) Matheson Thompson (PA) Carney Jackson (IL) Rush Dold Manzullo Thompson (PA) Ellmers McCarthy (CA) Thornberry Castor (FL) Jackson Lee Ryan (OH) Dreier Marchant Thornberry Emerson McCaul Tiberi Chandler (TX) Sa´ nchez, Linda Duffy Marino Farenthold McClintock Tipton Chu Johnson (GA) T. Duncan (SC) Matheson Tiberi Fincher McCotter Turner (NY) Cicilline Johnson, E. B. Sanchez, Loretta Duncan (TN) McCarthy (CA) Tipton Fitzpatrick McHenry Turner (OH) Clarke (MI) Keating Sarbanes Ellmers McCaul Turner (NY) Flake McIntyre Upton Clarke (NY) Kildee Schakowsky Emerson McClintock Turner (OH) Fleischmann McKeon Walberg Clay Kind Schiff Farenthold McCotter Upton Fleming McKinley Walden Cleaver Kissell Schrader Fincher McHenry Walberg Flores McMorris Walsh (IL) Clyburn Kucinich Schwartz Fitzpatrick McKeon Walden Forbes Rodgers Webster Cohen Langevin Scott (VA) Flake McKinley Walsh (IL) Fortenberry Meehan West Connolly (VA) Larsen (WA) Scott, David Fleischmann McMorris Webster Foxx Mica Westmoreland Conyers Larson (CT) Serrano Fleming Rodgers West Franks (AZ) Miller (FL) Whitfield Costello Lee (CA) Sewell Flores Meehan Westmoreland Frelinghuysen Miller (MI) Wilson (SC) Courtney Levin Sherman Forbes Mica Whitfield Gallegly Miller, Gary Wittman Critz Lewis (GA) Slaughter Fortenberry Miller (FL) Wilson (SC) Gardner Mulvaney Wolf Crowley Lipinski Smith (WA) Foxx Miller (MI) Wittman Garrett Murphy (PA) Womack Cuellar Loebsack Speier Franks (AZ) Miller, Gary Wolf Gerlach Myrick Woodall Cummings Lofgren, Zoe Stark Frelinghuysen Mulvaney Womack Gibbs Neugebauer Yoder Davis (CA) Lowey Sutton Gallegly Murphy (PA) Woodall Gibson Noem Young (AK) Davis (IL) Luja´ n Thompson (CA) Gardner Myrick Yoder Gingrey (GA) Nugent Young (FL) DeFazio Lynch Thompson (MS) Garrett Neugebauer Young (AK) Gohmert Nunes Young (IN) DeGette Maloney Tierney Gerlach Noem Young (FL) DeLauro Markey Tonko Gibbs Nugent Young (IN) NOT VOTING—16 Deutch Matsui Towns Berg Hinchey Rothman (NJ) Dicks McCarthy (NY) Tsongas NOT VOTING—13 Broun (GA) Kaptur Roybal-Allard Dingell McCollum Van Hollen Cardoza Mack Rothman (NJ) Canseco Mack Sires Doggett McDermott Vela´ zquez Carson (IN) Pascrell Roybal-Allard Cardoza Napolitano Waters Donnelly (IN) McGovern Visclosky Filner Paul Sires Carson (IN) Pascrell Doyle McIntyre Walz (MN) Hinchey Payne Filner Paul Edwards McNerney Wasserman Kaptur Ros-Lehtinen Ellison Meeks Schultz b 1656 Engel Michaud Waters b 1701 Eshoo Miller (NC) Watt So the amendment was rejected. Farr Miller, George Waxman So the amendment was rejected. The result of the vote was announced Fattah Moore Welch The result of the vote was announced Frank (MA) Moran Wilson (FL) as above recorded. Fudge Murphy (CT) Woolsey as above recorded. Stated for: Garamendi Nadler Yarmuth Stated for:

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.036 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H417 Mr. FILNER. Mr. Chair, on rollcall No. 28, I year periods. The Director shall submit to icans over the age of 60 out of poverty was away from the Capitol due to prior com- such committee the impact analysis, to- and ensured their access to care. These mitments to my constituents. Had I been gether with the basis for the analysis. As a programs honor America’s work ethic supplement to estimates prepared under sec- and the communities that we build to- present, I would have voted ‘‘aye.’’ tion 402, all such information so submitted The Acting CHAIR (Mr. shall be included in the report accompanying gether. FLEISCHMANN). The question is on the such bill or resolution.’’. This amendment would provide peace amendment in the nature of a sub- The SPEAKER pro tempore. The gen- of mind by ensuring that any attempt stitute, as amended. tleman from Iowa is recognized for 5 to change Social Security, Medicare, The amendment was agreed to. minutes. and the Medicare trust fund will be re- The Acting CHAIR. Under the rule, Mr. BOSWELL. Mr. Speaker, let me ported to Congress and the public. the Committee rises. be clear. The passage of this amend- Should a bill harm the solvency of the Accordingly, the Committee rose; ment will add protections for Amer- trust fund, lessen the benefits owed to and the Speaker pro tempore (Mr. BASS ica’s seniors to the bill. It will not, I American workers, or command seniors of New Hampshire) having assumed the repeat, it will not prevent the passage to pay more in premium costs, our sen- chair, Mr. FLEISCHMANN, Acting Chair of the underlying bill. If it’s adopted, iors will know. of the Committee of the Whole House the amendment will be incorporated in Americans who are enrolled in Social on the state of the Union, reported that the bill, and the bill will be imme- Security and Medicare have paid into that Committee, having had under con- diately voted upon. these programs throughout their entire sideration the bill (H.R. 3582) to amend My motion to recommit will protect careers, and they have helped to make the Congressional Budget Act of 1974 to Medicare and Social Security bene- this country what it is today. It is our provide for macroeconomic analysis of ficiaries and repair, yes, repair the responsibility—our responsibility—to the impact of legislation, and, pursu- trust between seniors and this body. work together and preserve the struc- ant to House Resolution 534, reported The Republican leadership has, for ture of Medicare. the bill back to the House with an more than a year, promised that slash- We must provide America’s seniors amendment adopted in the Committee and-burn legislation would revitalize with a viable safety net and insurance of the Whole. this Nation and empower employers. plan for their future. So I will fight The SPEAKER pro tempore. Under Well, we’re still waiting on millionaire to—continue to fight for proposals that the rule, the previous question is or- job creators to show us the jobs. strengthen Medicare and the benefits dered. To date, we have seen nothing from that American retirees have worked for Is a separate vote demanded on the the Republican Party that would en- throughout their lives. amendment to the amendment re- courage job growth, stabilize the Amer- I hope, again, I hope you will join me, ported from the Committee of the ican family, or help seniors pay for and I urge all of my colleagues to vote Whole? their Medicare. Instead, the policies we ‘‘yes’’ on this amendment. If not, the question is on the amend- have seen attempt to take from hard- I yield back the balance of my time. Mr. RYAN of Wisconsin. Mr. Speaker, ment in the nature of a substitute, as working Americans the assistance they I rise in opposition to the motion. amended. have been promised and that they have The SPEAKER pro tempore. The gen- The amendment was agreed to. paid into their entire working careers, tleman is recognized for 5 minutes. The SPEAKER pro tempore. The throughout their lives. Mr. RYAN of Wisconsin. Mr. Speaker, Last year we were promised legisla- question is on the engrossment and I have good news, good news for my tion that would fuel job growth. We third reading of the bill. friend from Iowa. This isn’t necessary. ended up with a budget that would pay The bill was ordered to be engrossed It’s already done. The Congressional for a tax break for the wealthy by dis- and read a third time, and was read the Budget Office already prepares these mantling Medicare. Instead of pro- third time. macroanalyses any time we consider viding the benefits these workers had MOTION TO RECOMMIT legislation affecting these programs. Mr. BOSWELL. Mr. Speaker, I have a earned, the Republican budget at- More to the point, Mr. Speaker, if motion to recommit at the desk. tempted to charge seniors higher pre- you want to get the kind of detailed The SPEAKER pro tempore. Is the mium costs for fewer benefits. analysis on how policy changes affect Seniors were let down when this plan gentleman opposed to the bill? Medicare and Social Security bene- had enough Republican support to pass Mr BOSWELL. I am opposed to the ficiaries, that is done by the trustees, the Chamber. Like me, again, seniors bill in its current form. by the actuaries at CMS and HHS and will be disheartened once more when The SPEAKER pro tempore. The at Social Security, SSA, not by the the Republican budget on the floor Clerk will report the motion to recom- CBO. But the other part of the good next month again attempts to end mit. news is they do that as well. The Clerk read as follows: Medicare. So what is good for us is that we do Seniors have a right to know when not need to pass this. It’s unnecessary. Mr. Boswell moves to recommit the bill their benefits are being cut or when H.R. 3582 to the Committee on the Budget It’s already done. CBO already pro- their Social Security trust funds are with instructions to report the same back to duces this kind of analysis, and the being drained. They should not have to the House forthwith with the following trustees at Medicare and Social Secu- fear each day what this Chamber’s amendment: rity produce it at the very level that leadership is going to do to their bene- After section 407(b) of the Congressional the gentleman from Iowa is hoping for. Budget Act of 1974 as added by section 2, in- fits. I would be more than happy, when- sert the following new subsection (c) (and re- American seniors have the right to ever legislation comes up to the House designate succeeding subsections accord- know. That is why we are offering this dealing with these issues, to provide ingly): amendment today, to ensure that that analysis and show it to my friend ‘‘(c) IMPACTS ON MEDICARE BENEFITS, BENE- Iowa’s 450,000-plus seniors know when FICIARIES, THE SOCIAL SECURITY AND MEDI- from Iowa. legislation could tamper with their CARE TRUST FUNDS.—The Director of the With that, Mr. Speaker, I think we’ve hard-earned benefits. This amendment Congressional Budget Office shall prepare for said enough. I don’t want to consume will side with our seniors by requiring each major bill or resolution reported by any all the 5 minutes. There’s no point in an assessment of each bill to show how committee of the House of Representatives passing this. or the Senate (except the Committee on Ap- it will affect the programs our seniors I yield back the balance of my time. propriations of each House), as a supplement rely on. to estimates prepared under section 402, an Voting for this amendment will prove b 1710 impact analysis of the budgetary effects of to the American seniors that you are The SPEAKER pro tempore. Without such bill or resolution on Medicare benefits, on their side and that you care about beneficiaries, the Social Security and Medi- objection, the previous question is or- care Trust Funds for the ten fiscal year pe- the programs that made this country dered on the motion to recommit. riod beginning with the first fiscal year for great. The greatest success of Medicare There was no objection. which an estimate was prepared under sec- and Social Security is that, in a time The SPEAKER pro tempore. The tion 402 and each of the next three ten fiscal- of need, these programs brought Amer- question is on the motion to recommit.

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.039 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H418 CONGRESSIONAL RECORD — HOUSE February 2, 2012 The question was taken; and the Coble Hurt Reed The vote was taken by electronic de- Speaker pro tempore announced that Coffman (CO) Issa Rehberg vice, and there were—ayes 242, noes 179, Cole Jenkins Reichert the noes appeared to have it. Conaway Johnson (IL) Renacci not voting 11, as follows: RECORDED VOTE Cravaack Johnson (OH) Ribble [Roll No. 30] Crawford Johnson, Sam Rigell Mr. BOSWELL. Mr. Speaker, I de- Crenshaw Jordan Rivera AYES—242 Culberson Kelly mand a recorded vote. Roby Adams Gingrey (GA) Nugent Davis (KY) King (IA) A recorded vote was ordered. Roe (TN) Aderholt Gohmert Nunes Denham King (NY) Rogers (AL) Akin Goodlatte Nunnelee The SPEAKER pro tempore. This Dent Kingston Rogers (KY) Alexander Gosar Olson will be a 15-minute vote. The Chair will DesJarlais Kinzinger (IL) Rogers (MI) Amash Gowdy Palazzo Diaz-Balart reduce to 5 minutes any electronic vote Kline Rohrabacher Amodei Granger Dold Paulsen on the question of passage. Labrador Rokita Austria Graves (GA) Dreier Pearce Lamborn Rooney Bachmann Graves (MO) The vote was taken by electronic de- Duffy Pence Lance Ros-Lehtinen Bachus Griffin (AR) Duncan (SC) Petri vice, and there were—ayes 183, noes 237, Landry Roskam Barletta Griffith (VA) Duncan (TN) Pitts not voting 12, as follows: Lankford Ross (FL) Barrow Grimm Ellmers Platts LaTourette Royce Bartlett Guinta [Roll No. 29] Emerson Poe (TX) Latta Runyan Barton (TX) Guthrie Farenthold Pompeo AYES—183 Lewis (CA) Ryan (WI) Bass (NH) Hall Fincher LoBiondo Posey Ackerman Garamendi Nadler Scalise Benishek Hanna Fitzpatrick Long Price (GA) Altmire Gonzalez Napolitano Schilling Berg Harper Flake Lucas Quayle Andrews Green, Al Neal Schmidt Biggert Harris Fleischmann Luetkemeyer Reed Baca Green, Gene Olver Schock Bilbray Hartzler Fleming Lummis Rehberg Baldwin Grijalva Owens Schweikert Bilirakis Hastings (WA) Flores Lungren, Daniel Reichert Barrow Gutierrez Pallone Scott (SC) Bishop (UT) Hayworth Forbes E. Renacci Bass (CA) Hahn Pastor (AZ) Scott, Austin Black Heck Fortenberry Manzullo Ribble Becerra Hanabusa Payne Sensenbrenner Blackburn Hensarling Foxx Marchant Rigell Berkley Hastings (FL) Pelosi Sessions Bonner Herger Franks (AZ) Marino Rivera Berman Heinrich Perlmutter Shimkus Bono Mack Herrera Beutler Frelinghuysen McCarthy (CA) Roby Bishop (GA) Higgins Peters Shuster Boren Huelskamp Gallegly McCaul Roe (TN) Bishop (NY) Himes Peterson Simpson Boustany Huizenga (MI) Gardner McClintock Blumenauer Hinojosa Pingree (ME) Smith (NE) Brady (TX) Hultgren Rogers (AL) Garrett McCotter Boren Hirono Polis Brooks Hunter Rogers (KY) Gerlach McHenry Smith (NJ) Boswell Hochul Price (NC) Broun (GA) Hurt Rogers (MI) Gibbs McKeon Smith (TX) Brady (PA) Holden Quigley Buchanan Issa Rohrabacher Gibson McKinley Southerland Braley (IA) Holt Rahall Bucshon Jenkins Rokita Gingrey (GA) McMorris Stearns Brown (FL) Honda Rangel Buerkle Johnson (IL) Rooney Gohmert Rodgers Stivers Butterfield Inslee Reyes Burgess Johnson (OH) Ros-Lehtinen Goodlatte Meehan Stutzman Capps Israel Richardson Burton (IN) Johnson, Sam Roskam Gosar Mica Sullivan Capuano Jackson (IL) Richmond Calvert Jones Ross (FL) Gowdy Miller (FL) Terry Carnahan Jackson Lee Ross (AR) Camp Jordan Royce Granger Miller (MI) Thompson (PA) Carney (TX) Ruppersberger Campbell Kelly Runyan Graves (GA) Miller, Gary Thornberry Castor (FL) Johnson (GA) Rush Canseco King (IA) Ryan (WI) Graves (MO) Mulvaney Tiberi Chandler Johnson, E. B. Ryan (OH) Cantor King (NY) Scalise Griffin (AR) Murphy (PA) Tipton Chu Jones Sa´ nchez, Linda Capito Kingston Schilling Griffith (VA) Myrick Turner (NY) Cicilline Kaptur T. Carter Kinzinger (IL) Schmidt Grimm Neugebauer Turner (OH) Clarke (MI) Keating Sanchez, Loretta Cassidy Kline Guinta Noem Upton Schock Clarke (NY) Kildee Sarbanes Chabot Labrador Guthrie Nugent Walberg Schweikert Clay Kind Schakowsky Chaffetz Lamborn Hall Nunes Walden Scott (SC) Cleaver Kissell Schiff Coble Lance Hanna Nunnelee Walsh (IL) Scott, Austin Clyburn Kucinich Schrader Coffman (CO) Landry Harper Olson Webster Sensenbrenner Cohen Langevin Schwartz Cole Lankford Harris Palazzo West Sessions Connolly (VA) Larsen (WA) Scott (VA) Conaway Latham Hartzler Paulsen Westmoreland Shimkus Conyers Larson (CT) Scott, David Cravaack LaTourette Hastings (WA) Pearce Whitfield Shuster Cooper Latham Serrano Crawford Latta Hayworth Pence Wilson (SC) Simpson Costa Lee (CA) Sherman Crenshaw Lewis (CA) Heck Petri Wittman Smith (NE) Costello Levin Shuler Culberson LoBiondo Hensarling Pitts Wolf Smith (NJ) Courtney Lewis (GA) Slaughter Davis (KY) Long Herger Platts Womack Smith (TX) Critz Lipinski Smith (WA) Denham Lucas Herrera Beutler Poe (TX) Woodall Southerland Crowley Loebsack Speier Dent Luetkemeyer Huelskamp Pompeo Yoder Stearns Cuellar Lofgren, Zoe Stark DesJarlais Lummis Huizenga (MI) Posey Young (AK) Stivers Cummings Lowey Sutton Diaz-Balart Lungren, Daniel Hultgren Price (GA) Young (FL) Stutzman Davis (CA) Luja´ n Thompson (CA) Dold E. Hunter Quayle Young (IN) Sullivan Davis (IL) Lynch Thompson (MS) Dreier Manzullo Terry DeFazio Maloney Tierney Duffy Marchant NOT VOTING—12 Thompson (PA) DeGette Markey Tonko Duncan (SC) Marino Cardoza Hoyer Rothman (NJ) Thornberry DeLauro Matheson Towns Duncan (TN) Matheson Carson (IN) Mack Roybal-Allard Tiberi Deutch Matsui Tsongas Ellmers McCarthy (CA) Filner Pascrell Sewell Dicks McCarthy (NY) Van Hollen Emerson McCaul Tipton Hinchey Paul Sires Dingell McCollum Vela´ zquez Farenthold McClintock Turner (NY) Turner (OH) Doggett McDermott Visclosky b 1727 Fincher McCotter Donnelly (IN) McGovern Walz (MN) Fitzpatrick McHenry Upton Doyle McIntyre Wasserman So the motion to recommit was re- Flake McIntyre Walberg Edwards McNerney Schultz Fleischmann McKeon Walden jected. Walsh (IL) Ellison Meeks Waters The result of the vote was announced Fleming McKinley Engel Michaud Watt Flores McMorris Webster Eshoo Miller (NC) Waxman as above recorded. Forbes Rodgers West Farr Miller, George Welch Stated for: Fortenberry Meehan Westmoreland Fattah Moore Wilson (FL) Mr. FILNER. Mr. Speaker, on rollcall 29, I Foxx Mica Whitfield Frank (MA) Moran Woolsey Franks (AZ) Miller (FL) Wilson (SC) Fudge Murphy (CT) Yarmuth was away from the Capitol due to prior com- Frelinghuysen Miller (MI) Wittman mitments to my constituents. Had I been Gallegly Miller, Gary Wolf NOES—237 present, I would have voted ‘‘aye.’’ Gardner Mulvaney Womack Adams Berg Bucshon The SPEAKER pro tempore. The Garrett Murphy (PA) Woodall Gerlach Myrick Young (AK) Aderholt Biggert Buerkle question is on the passage of the bill. Akin Bilbray Burgess Gibbs Neugebauer Young (FL) Alexander Bilirakis Burton (IN) The question was taken; and the Gibson Noem Young (IN) Amash Bishop (UT) Calvert Speaker pro tempore announced that NOES—179 Amodei Black Camp the noes appeared to have it. Austria Blackburn Campbell Ackerman Berman Butterfield Bachmann Bonner Canseco RECORDED VOTE Altmire Bishop (GA) Capps Bachus Bono Mack Cantor Mr. GARAMENDI. Mr. Speaker, I de- Andrews Bishop (NY) Capuano Barletta Boustany Capito mand a recorded vote. Baca Blumenauer Carnahan Bartlett Brady (TX) Carter A recorded vote was ordered. Baldwin Boswell Carney Barton (TX) Brooks Cassidy Bass (CA) Brady (PA) Castor (FL) Bass (NH) Broun (GA) Chabot The SPEAKER pro tempore. This Becerra Braley (IA) Chandler Benishek Buchanan Chaffetz will be a 5-minute vote. Berkley Brown (FL) Chu

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.096 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H419 Cicilline Honda Peterson on rollcall vote No. 27, on the Jackson Lee that required by law for veterans’ pensions un- Clarke (MI) Hoyer Pingree (ME) less otherwise provided by law enacted in that Clarke (NY) Inslee Polis Amendment; ‘‘yea’’ on rollcall vote No. 28, on the Cicilline Amendment; ‘‘yea’’ on rollcall vote session. Clay Israel Price (NC) ‘‘(C) Excise taxes dedicated to a trust fund, if Cleaver Jackson (IL) Quigley No. 29, on the Motion to Recommit H.R. 3582; expiring, are assumed to be extended at current Clyburn Jackson Lee Rahall ‘‘nay’’ on rollcall vote No. 30, on H.R. 3582, Cohen (TX) Rangel rates. Connolly (VA) Johnson (GA) Reyes the Pro-Growth Budgeting Act of 2011. ‘‘(D) If any law expires before the budget year Conyers Johnson, E. B. Richardson f or any outyear, then any program with esti- Cooper Kaptur Richmond mated current year outlays greater than Costa Keating Ross (AR) BASELINE REFORM ACT OF 2011 $50,000,000 that operates under that law shall be Costello Kildee Ruppersberger assumed to continue to operate under that law Courtney Kind Mr. RYAN of Wisconsin. Mr. Speaker, Rush pursuant to House Resolution 534, I as in effect immediately before its expiration. Critz Kissell Ryan (OH) Crowley Kucinich call up the bill (H.R. 3578) to amend the ‘‘(3) HOSPITAL INSURANCE TRUST FUND.—Not- Sa´ nchez, Linda withstanding any other provision of law, the re- Cuellar Langevin T. Balanced Budget and Emergency Def- Cummings Larsen (WA) ceipts and disbursements of the Hospital Insur- Sanchez, Loretta Davis (CA) Larson (CT) icit Control Act of 1985 to reform the Sarbanes ance Trust Fund shall be included in all cal- Davis (IL) Lee (CA) budget baseline, and ask for its imme- Schakowsky culations required by this Act. DeFazio Levin Schiff diate consideration in the House. ‘‘(c) DISCRETIONARY SPENDING.—For the budg- DeGette Lewis (GA) Schrader The Clerk read the title of the bill. et year and each of the nine ensuing outyears, DeLauro Lipinski Deutch Loebsack Schwartz The SPEAKER pro tempore. Pursu- the baseline shall be calculated using the fol- Dicks Lofgren, Zoe Scott (VA) ant to House Resolution 534, in lieu of lowing assumptions regarding all amounts other Dingell Lowey Scott, David than those covered by subsection (b): Serrano the amendment in the nature of a sub- Doggett Luja´ n stitute recommended by the Com- ‘‘(1) ESTIMATED APPROPRIATIONS.—Budgetary Donnelly (IN) Lynch Sewell resources other than unobligated balances shall Sherman Doyle Maloney mittee on the Budget, printed in the be at the level provided for the budget year in Edwards Markey Shuler bill, the amendment in the nature of a Slaughter full-year appropriation Acts. If for any account Ellison Matsui substitute consisting of the text of the a full-year appropriation has not yet been en- Engel McCarthy (NY) Smith (WA) Eshoo McCollum Speier Rules Committee Print 112–9 dated acted, budgetary resources other than unobli- Farr McDermott Stark January 5, 2012, is adopted and the bill, gated balances shall be at the level available in Fattah McGovern Sutton as amended, is considered read. the current year. Frank (MA) McNerney Thompson (CA) The text of the bill, as amended, is as ‘‘(2) CURRENT-YEAR APPROPRIATIONS.—If, for Fudge Meeks Thompson (MS) follows: any account, a continuing appropriation is in Garamendi Michaud Tierney effect for less than the entire current year, then Gonzalez Miller (NC) Tonko H.R. 3578 Towns the current-year amount shall be assumed to Green, Al Miller, George Be it enacted by the Senate and House of Rep- Tsongas equal the amount that would be available if Green, Gene Moore resentatives of the United States of America in Grijalva Moran Van Hollen that continuing appropriation covered the entire Gutierrez Murphy (CT) Vela´ zquez Congress assembled, fiscal year. If law permits the transfer of budget Hahn Nadler Visclosky SECTION I. SHORT TITLE. authority among budget accounts in the current Hanabusa Napolitano Walz (MN) This Act may be cited as the ‘‘Baseline Reform year, the current-year level for an account shall Hastings (FL) Neal Wasserman Act of 2012’’. reflect transfers accomplished by the submission Schultz Heinrich Olver SEC. 2. THE BASELINE. of, or assumed for the current year in, the Presi- Waters Higgins Owens Section 257 of the Balanced Budget and Emer- Himes Pallone Watt dent’s original budget for the budget year. Hinojosa Pastor (AZ) Waxman gency Deficit Control Act of 1985 is amended to ‘‘(d) UP-TO-DATE CONCEPTS.—In calculating Hirono Payne Welch read as follows: the baseline for the budget year or each of the Hochul Pelosi Wilson (FL) ‘‘SEC. 257. THE BASELINE. nine ensuing outyears, current-year amounts Holden Perlmutter Woolsey ‘‘(a) IN GENERAL.—(1) For any fiscal year, the shall be calculated using the concepts and defi- Holt Peters Yarmuth baseline refers to a projection of current-year nitions that are required for that budget year. NOT VOTING—11 levels of new budget authority, outlays, or re- ‘‘(e) ASSET SALES.—Amounts realized from the ceipts and the surplus or deficit for the current sale of an asset shall not be included in esti- Cardoza Mack Roybal-Allard mates under section 251, 251A, 252, or 253 of this Carson (IN) Pascrell Sires year, the budget year, and the ensuing nine out- part or section 5 of the Statutory-Pay-As-You- Filner Paul Yoder years based on laws enacted through the appli- Hinchey Rothman (NJ) cable date. Go Act of 2010 if that sale would result in a fi- ‘‘(2) The baselines referred to in paragraph (1) nancial cost to the Government as determined b 1734 shall be prepared annually. pursuant to scorekeeping guidelines.’’. So the bill was passed. ‘‘(b) DIRECT SPENDING AND RECEIPTS.—For the SEC. 3. ADDITIONAL CBO REPORT TO BUDGET The result of the vote was announced budget year and each outyear, estimates for di- COMMITTEES. as above recorded. rect spending in the baseline shall be calculated Section 202(e) of the Congressional Budget Act A motion to reconsider was laid on as follows: of 1974 is amended by adding at the end the fol- ‘‘(1) IN GENERAL.—Laws providing or creating lowing new paragraphs: the table. direct spending and receipts are assumed to op- ‘‘(4)(A) After the President’s budget submis- Stated against: erate in the manner specified in those laws for sion under section 1105(a) of title 31, United Mr. FILNER. Mr. Speaker, on rollcall 30, I each such year and funding for entitlement au- States Code, in addition to the baseline projec- was away from the Capitol due to prior com- thority is assumed to be adequate to make all tions, the Director shall submit to the Commit- mitments to my constituents. Had I been payments required by those laws. tees on the Budget of the House of Representa- present, I would have voted ‘‘no.’’ ‘‘(2) EXCEPTIONS.—(A)(I) No program estab- tives and the Senate a supplemental projection PERSONAL EXPLANATION lished by a law enacted on or before the date of assuming extension of current tax policy for the enactment of the Balanced Budget Act of 1997 Mr. CARSON of Indiana. Mr. Speaker, on fiscal year commencing on October 1 of that with estimated current year outlays greater year with a supplemental projection for the 10 February 2, 2012, I missed rollcall votes 21, than $50,000,000 shall be assumed to expire in fiscal-year period beginning with that fiscal 22, 23, 24, 25, 26, 27, 28, 29, and 30 because the budget year or the outyears. The scoring of year, assuming the extension of current tax pol- of district business. Had I been present, I new programs with estimated outlays greater icy. would have voted ‘‘no’’ on rollcall 21, ‘‘no’’ on than $50,000,000 a year shall be based on scoring ‘‘(B) For the purposes of this paragraph, the rollcall 22, ‘‘yes’’ on rollcall 23, ‘‘yes’’ on roll- by the Committees on the Budget or OMB, as term ‘current tax policy’ means the tax policy in call 24, ‘‘yes’’ on rollcall 25, ‘‘yes’’ on rollcall applicable. OMB, CBO, and the Committees on statute as of December 31 of the current year as- 26, ‘‘yes’’ on rollcall 27, ‘‘yes’’ on rollcall 28, the Budget shall consult on the scoring of such suming— programs where there are differences between ‘‘(i) the budgetary effects of measures extend- ‘‘yes’’ on rollcall 29, and ‘‘no’’ on rollcall 30. CBO and OMB. ing the Economic Growth and Tax Relief Rec- PERSONAL EXPLANATION ‘‘(ii) On the expiration of the suspension of a onciliation Act of 2001; Mr. PASCRELL. Mr. Speaker, I want to provision of law that is suspended under section ‘‘(ii) the budgetary effects of measures extend- state for the Record that on February 2, 2012, 171 of Public Law 104–127 and that authorizes a ing the Jobs and Growth Tax Relief Reconcili- I missed the last seven rollcall votes of the program with estimated fiscal year outlays that ation Act of 2003; day. are greater than $50,000,000, for purposes of ‘‘(iii) the continued application of the alter- native minimum tax as in effect for taxable Had I been present I would have voted: clause (i), the program shall be assumed to con- tinue to operate in the same manner as the pro- years beginning in 2011 pursuant to title II of ‘‘yea’’ on rollcall vote No. 24, on the Peters gram operated immediately before the expiration the Tax Relief, Unemployment Insurance Reau- Amendment; ‘‘yea’’ on rollcall vote No. 25, on of the suspension. thorization, and Job Creation Act of 2010, as- the Connolly Amendment; ‘‘yea’’ on rollcall ‘‘(B) The increase for veterans’ compensation suming that for taxable years beginning after vote No. 26, on the Fudge Amendment; ‘‘yea’’ for a fiscal year is assumed to be the same as 2011 the exemption amount shall equal—

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 6333 E:\CR\FM\A02FE7.044 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H420 CONGRESSIONAL RECORD — HOUSE February 2, 2012 ‘‘(I) the exemption amount for taxable years grams by law adjust for inflation and, b 1740 beginning in 2011, as indexed for inflation; or therefore, so should their baselines. In fiscal year 2013, we’re going to ‘‘(II) if a subsequent law modifies the exemp- Discretionary spending, something spend $61 billion to help support our tion amount for later taxable years, the modified Congress controls every year, does not exemption amount, as indexed for inflation; and veterans, to help support our veterans, ‘‘(iv) the budgetary effects of extending the es- have that because Congress legislates provide for veterans health care and tate, gift, and generation-skipping transfer tax every year. other services. This is part of the dis- provisions of title III of the Tax Relief, Unem- So what we’re simply saying is let’s cretionary budget. We also provide help ployment Insurance Reauthorization, and Job err on the side of the taxpayer. Let’s in some of the mandatory budget. Creation Act of 2010. not err on the side of assuming every Now, this bill would have you believe ‘‘(5) On or before July 1 of each year, the Di- government agency automatically that 10 years from now, that $61 billion rector shall submit to the Committees on the needs a spending increase one year to is somehow going to provide you the Budget of the House of Representatives and the the next. If we think they need more same amount of goods and services to Senate, the Long-Term Budget Outlook for the money, then we should measure it on fiscal year commencing on October 1 of that take care of our veterans. We know year and at least the ensuing 40 fiscal years.’’. an honest basis and then legislate more that’s not true. We know that $61 bil- money for those agencies. The SPEAKER pro tempore. After 1 lion 10 years from now is going to pro- With that, Mr. Speaker, I will turn vide a lot less health care for people hour of debate on the bill, as amended, over the rest of my time to Mr. it shall be in order to consider the fur- who served this country. And so let’s WOODALL, the author of this legisla- not play make-believe, and that’s what ther amendment printed in part A of tion, and reserve the balance. House Report 112–383, if offered by the this bill does. The SPEAKER pro tempore. Without What the Congressional Budget Of- gentlewoman from Texas (Ms. JACKSON objection, the gentleman from Georgia fice does right now is they make the LEE), or her designee, which shall be will control the remaining time. assumptions that reasonable fore- separately debatable for 10 minutes There was no objection. casters would make. As the author of equally divided and controlled by the The SPEAKER pro tempore. The the bill has said, there’s no law right proponent and an opponent. Chair recognizes the gentleman from now that tells CBO how to do it. We The gentleman from Wisconsin (Mr. Georgia. leave it to the independent, non- RYAN) and the gentleman from Mary- Mr. WOODALL. Thank you, Mr. partisan body, the Congressional Budg- land (Mr. VAN HOLLEN) each will con- Speaker, and I thank the chairman for trol 30 minutes. yielding to me. et Office, to figure out what’s the best The Chair recognizes the gentleman I reserve the balance of my time. way, what makes the most sense for from Wisconsin. Mr. VAN HOLLEN. Mr. Speaker, I budgeting purposes. And they say, you know what; we should do what every GENERAL LEAVE yield myself such time as I may con- American does when they’re comparing Mr. RYAN of Wisconsin. Mr. Speaker, sume. This is the second budget bill that dollars spent in the past or in the fu- I ask unanimous consent that all Mem- we’ve had today. There’s been a lot of ture. We need to normalize that. We bers may have 5 legislative days in talk about what we need to do to help need to index that to get a real sense of which to revise and extend their re- move the economy forward, to help put what taxpayer dollars will be able to marks on H.R. 3578. people back to work. purchase; otherwise, it creates a mis- The SPEAKER pro tempore. Is there Let’s be clear: as was acknowledged leading impression. objection to the request of the gen- earlier, these bills do none of that. This And so CBO, the independent group, tleman from Wisconsin? will not help create one job; this is not said we need to take an account of in- There was no objection. going to help grow the economy. We’ve flation. What this bill does is says as a Mr. RYAN of Wisconsin. Mr. Speaker, got a lot of work that we should be matter of law, ignore that. As a matter I yield myself such time as I may con- doing, including taking up the Presi- of law, we’re not going to wish away in- sume. dent’s jobs bill, which has been sitting flation. We’re going to pass a law that I first want to start off by thanking in the House since last October. says for these purposes, don’t take it Mr. WOODALL and Mr. GOHMERT, two of The economy remains very fragile. into account. And as I say, it will cre- the leaders on this policy. This is the Those infrastructure investments and ate a very misleading picture of what second of 10 bills on fixing the broken helping rebuild and repair our roads, it will take to support investments like budget process that we’re bringing to our bridges, transit ways could be put veterans’ health. the floor to try to bring back account- to good use right now. With that, I reserve the balance of ability, transparency and responsi- With respect to this bill, the concern my time. bility to our Federal budgeting process. is that this creates actually a very Mr. WOODALL. Mr. Speaker, at this What this bill does is it removes the misleading picture of what we can pur- time I’d like to yield 5 minutes to the pro-spending bias that currently exists chase in terms of goods and services gentleman from Texas (Mr. GOHMERT) in the baseline we use as a starting with our dollars, and it gets more mis- who has been battling in the trenches point in Federal budgeting. leading over time. Why do I say that? over this idea for a number of years The baseline we currently use as- Every American knows that when and whom I’m just as pleased as can be sumes automatic increases in spending you’re comparing the amount some- that his idea has come to fruition in the discretionary budget. So, for in- thing costs between different periods of today. stance, instead of basing next year’s time, you have got to take into ac- Mr. GOHMERT. Mr. Speaker, I un- discretionary budget on what we spent count inflation. You know what, $10 derstand the concerns of my friend this year, we don’t do it that way. The back 40 years ago bought a lot more across the aisle, but I’m telling you, way it works is we automatically as- than $10 today. What this bill does is it this is a great day for Congress, for sume spending increases. We automati- tries to kind of wish away inflation America. Going back to 1974, the most cally assume that government agencies and, in that sense, it creates, as I say, liberal Congress in America until the can’t live with what they had last year, a misleading sense of what we can ex- time when Speaker PELOSI took the can’t be more efficient, can’t be more pect in terms of goods and services pur- gavel, in 1974, rules for CBO were put in productive, and we assume inflation in chased for taxpayer dollars going for- place making it difficult to ever make it already. ward. actual tax cuts to help the economy We think for honesty, for trans- I think every taxpayer would say grow, as John F. Kennedy made clear parency, if we spent X dollars this that if we did not, we did not index and showed by his actions. But that year, that is the base on which we their taxes for inflation, that would be was also a time when Congress thought ought to consider next year’s budget. a tax increase. That’s why we index it would be a good idea to create auto- And for all those programs where infla- taxes. If we decided to pass a law say- matic increases of every discretionary tionary updates are already legislated, ing no more indexation of taxes, it department’s budget in the Federal such as Medicare, Social Security, or would be a hidden tax increase. budget, automatic increases. the tax brackets to prevent inflation, Now, here I want to give a very clear I mean, there are times when in- this doesn’t affect those. Those pro- example. creases would be appropriate, and there

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.026 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H421 are times when it would not be. But nancial thing this Congress has done, So again, Americans know that when why should the government not have this House has done in the whole last they’re comparing dollars and the to deal with financial issues, like any year. It could be $1.4 trillion in cuts value of their dollars over time, you responsible American, like any respon- over the next 10 years, and all we’re have to take into account inflation. doing is just stopping the automatic sible family? There will be times when b 1750 you should have to make cuts. There increase. will be times when you should have to There’s a lot to be said for finally It happens every day in terms of fi- make increases. But what we saw coming around to responsibility. nancial transactions all over the coun- through the 1990s, back during my days There’s a lot to be said, if you need an try. So, again, this bill doesn’t save a when I was a judge, I heard a guy increase, come justify it, don’t get it penny. This has to do with just how you present the budget in terms of a named Rush Limbaugh bring up why do automatically. And we now have re- picture for the American people to we have this automatic increase, be- sponsible action being taken, and I look at and whether it’s realistic in cause then when conservatives try to urge adoption. comparing what you can buy for a dol- slightly decrease the amount of in- Mr. VAN HOLLEN. Mr. Speaker, I lar today versus what you can buy for crease, they’re said to be making dra- yield myself such time as I may con- a dollar 5 or 10 years from now. And conian cuts. Well, I made a mental sume. I think it’s important to underscore what we’re saying is you should com- note. the point, and I think the author of the pare apples to apples so people know When I got to Congress in January of bill would agree, that this legislation what the purchasing power of those ’05, I couldn’t believe it, to find out didn’t save the taxpayer one dime. dollars are in terms of goods and serv- that we still had those automatic in- That’s not what we’re talking about. ices. Then we, as the Congress, can de- creases every year. And then to be This bill, when you pass it, doesn’t cide whether we want to increase that going through a troubled time like we save one penny. Every year, with re- amount or cut it, as we do every year. are now when families across America spect to the discretionary budget, we But this bill doesn’t mandate any kind are having to learn to do with less and have Appropriations Committees in the of cutting of that nature. make cuts across the board, Congress House and the Senate who go through With that, I reserve the balance of was still dealing with decreasing the the budgets, and they decide what’s ap- my time. amount of increase because we had propriate and what’s necessary to be Mr. WOODALL. Mr. Speaker, at this these automatic increases. budgeted for those agencies and those time, I’d like to yield 2 minutes to a We had a supercommittee that was accounts every year. They can cut real leader for fiscal responsibility on formed last fall, and try as they might, them. They can increase them based on the Budget Committee, the gentleman they didn’t even deal with the issue of the needs that are perceived by Mem- from Oklahoma (Mr. COLE). the automatic increases. The commit- bers of Congress who are acting on Mr. COLE. Mr. Speaker, I rise in sup- tee’s projections have had to be used that. That’s not the issue. We need to port of the legislation by my good because CBO, because of the same 1974 tighten our belts. In fact, back in Au- friend, Mr. WOODALL of Georgia. This rules, ended up saying, well, gee, the gust, we made some significant sav- legislation makes really significant re- formula can slightly change each year ings. We need to continue to find sav- forms to the way the CBO develops so there’s no way to know exactly what ings. baseline calculations for discretionary it will be over 10 years. Well, one In fact, my view is, if we’re really spending. Under current laws, we all thing’s pretty clear, it would have been going to be serious about reducing the know the CBO automatically budgets enough to clear the $1.2 trillion thresh- deficit and the debt, we’ve got to do for inflation of discretionary spending old in cuts, and all it would have been this in a balanced way like bipartisan in our baseline projects. doing is decreasing the amount of in- commissions have suggested. You’ve This process runs completely counter crease. got Simpson-Bowles; you’ve got Rivlin- to what every American does with This is a great day for America when Domenici. All of them have said we’ve their own budget. No family sits down Congress, after all of these years, 37–38 got to do a combination of cuts, and we and assumes that they will automati- years now, Congress is dealing with a also need to deal with the revenue. We cally have an inflationary increase in financial issue that should have been can no longer afford to have tax breaks their budget next year. No small busi- dealt with long ago. for the folks at the very top, that we ness sits down and says, my sales or I brought this up back in 2005 and can’t keep all of these tax loopholes my revenue will automatically move 2006 when Republicans were in the ma- open that disproportionately benefit up. As a matter of fact, using that ap- jority, and I was told back then by the certain people over others, and tax proach actually is counterproductive chairman of the Budget Committee breaks that actually encourage in some because it actually discourages the that, well, the law is that we’ve got to cases the export of American jobs when search for savings and efficiencies. do the automatic increases, so we’re we want to be encouraging the export I am an appropriator, and I can tell just going to do it. of American goods and American serv- you this is the road to deficit spending. It is really thrilling to me to have a ices. Getting rid of this will help us bring chairman of the Budget Committee So that’s a very important debate our fiscal house back in order. We who saw this as a real problem. This that we should have, but that’s not should have done it a long time ago. should have been low-hanging fruit, as what this does. This just has to do with The last time the Republicans were in people like to say. This should have how we present the baseline as to what the majority—and I’m very proud that been an easy no-brainer. Cut out the can be purchased in terms of goods and Mr. WOODALL, Mr. RYAN, and other automatic increases. We have a chair- services for certain dollars. And mov- Members, and particularly this new man of the Budget right now who saw ing to this will create a very mis- freshman class, are pushing to do this. it as a problem. And it was also excit- leading perception, everyone knows. This will allow us to reduce the size of ing to me to have a freshman like ROB Let’s say it took a certain amount of government, it will increase trans- WOODALL come in and see it as a prob- money to buy an aircraft carrier today parency, and we’ll be able to put our lem and collaborate, discuss the mat- and we wanted to know how much it house where we ought to put it. ter. Because, really, to get a bill like was going to take to purchase an air- Of course, the legislation is just one this through, you need to have some- craft carrier 5 years from now. Let’s piece of a broader set of reforms. As body that will shepherd it all the way assume over the next 5 years we’re in Chairman RYAN indicated, we need to through—subcommittee, committee— the midst of rising inflation. What this bring those up systematically. But this to get it to this point. So I’m very would do is create the idea that since is the first step and the right step in grateful to Chairman RYAN, and I’m the number was the same this year as the direction of getting our fiscal very grateful to Mr. WOODALL. Amaz- 5 years from now, hey, we can buy the house in order. I commend my friend ing, as a freshman, he’s done an out- same number of aircraft carriers. for bringing it to the floor. I look for- standing job. That’s not true. You’re going to get a ward to its passage. And now here we are, about to do quarter of an aircraft carrier, and that Mr. VAN HOLLEN. Mr. Chairman, I what could be the most responsible fi- isn’t going to do anybody any good. yield 3 minutes to the gentlelady from

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.102 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H422 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Connecticut (Ms. DELAURO), also a say to my colleague who just spoke, bring this economy back or a com- member of the Appropriations Com- I’ve introduced a bill in this House that prehensive effort to put our fiscal mittee. not only repeals the Bush tax cuts, the house in order, we’re here on this floor Ms. DELAURO. I rise in strong oppo- Obama tax cuts, and every tax break tonight focusing on a so-called budget sition to this legislation, which would for every multinational corporation reform bill. remove consideration of inflation from and every special interest favor and This bill will do nothing to spur eco- congressional budget baselines. Instead every deduction and exemption and nomic growth, it will do nothing to of beginning this year by putting for- favor in the entire United States Tax bring us closer to a balanced budget, ward legislation to create jobs, spur Code, but it does so in a way that although it could greatly confuse and growth, and address the economic chal- would actually bring in more revenues complicate the budget process. lenges that we face, the majority is for those priorities that you men- We must be clear what this bill does, trying, yet again, to achieve their ideo- tioned. That’s H.R. 25, the Fair Tax, Mr. Chairman. The bill pretends that logical goals, this time by playing an and I would welcome the gentlelady’s inflation doesn’t occur. It’s a pipe accounting trick on the American peo- support. dream. By eliminating baseline cal- ple. With that, Mr. Speaker, I’d like to culations, it would make it far more At its heart, this bill is a backdoor yield 2 minutes to one of the finest difficult to estimate future budget attempt to enact the same radical cuts young leaders on the Budget Com- needs. We need to know exactly what it would take to maintain the current the majority attempted last year and mittee, my freshman colleague from level of effort and the current level of to further reduce the spending caps Indiana (Mr. YOUNG). agreed to in last August’s Budget Con- Mr. YOUNG of Indiana. Mr. Speaker, services in governmental programs. With that knowledge, we can make re- trol Act. By eliminating inflation from I rise today in support of H.R. 3578, the alistic decisions, knowing what result our official budget considerations, this Baseline Reform Act, and to commend those increases or decreases would bill represents a freeze on all discre- my hardworking colleague from Geor- produce. But this bill would deny us tionary programs that, over time, gia (Mr. WOODALL) for leading in this that knowledge. All too often, we’d be would become a devastating cut to effort. making budget decisions in the dark Now this is straightforward legisla- critical programs. without knowing their full implica- Within 10 years, all discretionary tion. It removes the pro-spending bias tions. programs would see their funding that currently exists in the baseline Efforts like this should find bipar- slashed by as much as 20 percent. that we use here in Congress as a start- tisan opposition. Make no mistake. Among the priorities that would be ing point for our annual budgeting. The This bill would—or it could—not only gutted are scientific and medical re- baseline should be a neutral starting lead to the slow starvation of funds for search, financial aid for college stu- point for considering fiscal policy. It Democratic priorities like Head Start, dents, assistance to elementary and shouldn’t presume any spending by this clean energy research, and WIC, but it secondary education, and investments body. also could starve all programs, includ- in water and sewer systems. No discre- Now we’ve already heard from our ing the Border Patrol, military health tionary program would be spared the colleagues on the other side of the aisle and veterans’ programs, and the FBI. axe. Disaster assistance, food safety, numerous examples of programs that At the very least, it would make budg- medical care for veterans, meals on they fear will be cut in the future as a et decisions, both increases and de- wheels, community health centers, result of this legislation. Well, this leg- creases, less precise and less efficient. support for law enforcement and nutri- islation just says that without the I’m voting ‘‘no’’ on this bill. I urge tion programs, all of these across the sanction of Congress, without a free my colleagues to do the same. Let’s board would be slashed by leaving in- and open debate about the merits of stop wasting time on so-called budget flation out of the budget equation, and any given program, there will not be reform bills. Instead, we need to get to millions of middle class families would any automatic increases to that pro- work on the real budget to hammer out be harmed. Why don’t we index tax gram. a comprehensive agreement, to bring brackets? Today, the baseline does assume an this economy to full strength, and to This dangerous cut aside, this legis- automatic increase for inflation each get our fiscal house in order. lation makes no sense from an ac- year in the discretionary budget. In- b 1800 counting standpoint. Why don’t we all stead of looking at what each agency put our heads in the sand, this bill ar- actually needs each year to fulfill its Mr. WOODALL. Mr. Speaker, at this gues, and just pretend that inflation mission, we simply assume that that time, I’m pleased to yield 2 minutes to my good friend from Texas (Mr. CUL- does not exist? Now isn’t that foolish? agency needs more money than it had BERSON). Then we can just pretend to be ful- the previous year. Mr. CULBERSON. Mr. Speaker, my Well, these assumptions add up. In filling our responsibilities to the Amer- hero, Thomas Jefferson, always said ican people. fact, they add up to approximately $1.4 that if you apply core principle to any Closing our eyes to inflation is not a trillion in outlays over a 10-year period problem, no matter how difficult, the solution. This is not a serious bill. It to last year’s discretionary spending knot will always untie itself. It was does nothing to cut the deficit. Do you baseline. This bill would change that true then, and it’s true today. If we want to try to cut the deficit? Let’s pro-spending bias by setting the base- would apply the core principles of the look at the tax cuts for the oil and gas line at the previous year’s spending Constitution to the problems we face industry. Let’s look at ending the sub- level—and not a cent more. The effect as a government, the knot will untie sidies to those multinational corpora- would be to put an end to the long- itself. And here just applying common- tions that take their jobs overseas. Do standing and confusing Washington sense principles to our fiscal problems, you want to do something about the practice of characterizing any effort to the knot will untie itself. This is a re- deficit? Then let’s cut the Bush tax maintain the same level of funding as markably simple and remarkably effec- cuts for the richest 1 percent of the last year as somehow a ‘‘spending cut.’’ tive reform. We will no longer assume people in this Nation. This does noth- It’s time to bring Washington defini- inflation into the beginning of our ing to cut the deficit. And like every tions of ‘‘spending cut’’ in line with spending bills on the Appropriations other initiative from this majority, it America’s definition of a spending cut, Committee. does nothing to address the top pri- and that is an actual cut in spending. Now, unfortunately, we only control ority of the American people, and that This bill does that, and I urge my col- on the Appropriations Committee is jobs, growing the economy, and in- leagues to support it. about 39 cents out of every dollar of vesting in the economy to put us on a Mr. VAN HOLLEN. Mr. Speaker, I spending the Federal Government does. glide path to economic sustainability yield 3 minutes to the gentleman from But that 39 percent that we do control in the future. North Carolina (Mr. PRICE). will no longer increase automatically I urge my colleagues to oppose it. Mr. PRICE of North Carolina. Mr. year to year. These procedural institu- Mr. WOODALL. Mr. Speaker, I yield Chairman, once again, instead of debat- tional reforms that House conserv- myself such time as I may consume to ing a bill that would create jobs and atives are enacting into law will make

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.104 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H423 a dramatic difference in changing the inflation, which is generally higher We’ll do it so the taxpayers can see direction of our Nation from insol- than regular inflation, we will build what we’re doing. vency and bankruptcy to getting back that in, I promise you, as we go The game is rigged today against on a path to a balanced budget. through our hearing schedule. But we American taxpayers; and House con- I’m very proud to help our col- will do it in open public hearings. It servatives, constitutional conserv- leagues, my chairman, PAUL RYAN, Mr. won’t be built in automatically. That’s atives are following core principle. WOODALL, and Mr. GOHMERT of Texas in all this does is remove the automatic We’re honoring the Constitution. We’re enacting this fundamental, common- increase and lets the people’s elected looking for ways to restore the 10th sense reform to put America back on Representatives do it in the sunlight of Amendment and individual liberty, track to a balanced budget. And Ameri- day in an open hearing. And I assure shrinking the government, getting con- cans should take heart that constitu- you that veterans will be taken care of. trol back in the hands of individual tional conservatives in the House are Mr. VAN HOLLEN. Well, thank you. Americans and State and local govern- doing the right thing for the right rea- And taking back my time, you really ments. sons for the country and redesigning made my point, which is that if the And then when it comes to the budg- the way we spend money in favor of purpose of a budget is to try and pro- et, we’re implementing commonsense taxpayers and not in favor of Wash- vide the most realistic projection of reforms that every American under- ington bureaucrats. what services we’re going to provide in stands. We don’t get an automatic in- Mr. VAN HOLLEN. Mr. Speaker, I the future compared to today, you crease in pay. If you’re working for a yield myself such time as I may con- should take into account the cost of company, you’ve got to earn it every sume. those increases. year. We on the Appropriations Com- Again, just for people who are trying The gentleman has just said that of mittee are going to go through and to get educated about the budget proc- course we’re going to build in inflation analyze every one of these accounts ess who may be watching, and among with respect to veterans programs. In and make sure that we have built in, our colleagues, we put together a 10- fact, we’re going to do better than but in an open public forum, any in- year projection of the budget in a lot of that. And I’m glad to hear that because crease as a result of the increase in different categories. The appropriators we’re going to take into account the medical inflation or baseline inflation. on a year-to-year basis can decide how fact that medical inflation runs higher We will, on the subcommittee, I as- much or how little to give any pro- than regular inflation. But the point is, sure you, Mr. VAN HOLLEN, make sure gram, and every Member of this body if you put different numbers in year 10 that our veterans are fully com- gets a chance to vote up or down on that don’t take into account inflation, pensated, as all of us take great pride that. So that’s not what this is about. you’re going to give people a very mis- in their service. And, truly, you see This is not about saving money. I hope leading sense of what can be purchased more unanimity on the Veterans’ and we will all save money and get the def- for their tax dollars in terms of goods Military Construction Appropriations icit down. This is about what informa- and services. bill than almost any other bill that we tion is presented in terms of giving an The same holds true with respect to pass because we take such great pride accurate picture of what the cost is of DOD, in other words, the Defense De- in them. providing goods and services. partment. Why don’t we want to So I urge my colleagues to please re- So I’m going to give the same exam- present the American people with an move that argument from your rep- ple very clearly. Again, it’s a very accurate representation of what it will ertoire, and let’s focus on what’s really clear example. In fiscal year 2013, we’re actually cost to maintain the current going on here. The game is rigged going to have $61 billion in the budget defense or current discretionary vet- today against taxpayers, and House Re- for discretionary spending for veterans’ erans programs? That’s the whole pur- publicans are rigging the game today programs. Now under the current pro- pose of this. The Appropriations Com- in favor of taxpayers in sunlight and cedure, the Congressional Budget Of- mittee can do what it wants with re- transparency. fice tries to figure out 10 years from spect to decisions in increases and in The SPEAKER pro tempore (Mr. now, knowing what we do about infla- cuts. HURT). The time of the gentleman has tion expectations—and everybody cal- I reserve the balance of my time, Mr. expired. Mr. VAN HOLLEN. Mr. Speaker, I culates those into their financial deci- Speaker. yield myself such time as I may con- sions—what would it take to provide Mr. WOODALL. Mr. Speaker, at this time, just for the sake of clarity for sume. the same services for our veterans? I hear what you’re saying with vet- Now what they’re proposing is to put the American people, I’d like to yield 2 erans. Absolutely true, on a bipartisan in $61 billion in year 10. But that’s mis- minutes again to the gentleman from basis, we understand we’re going to leading because you’re not going to be Texas (Mr. CULBERSON). make sure we support the veterans and able to provide the services to our vet- Mr. CULBERSON. Mr. Speaker, I we’re going to make sure they get the erans at the same level for that want to reassure the gentleman from cost-of-living increase. And the reality amount. In fact, that will represent a Maryland. And as we all recall, the is, you mentioned the defense budget. 23 percent cut. So I would ask my col- Military Construction and VA Appro- That’s 50 percent of the discretionary leagues, what 23 percent cut are you priations bill passed the House almost budget right there. proposing to make in veterans’ pro- unanimously because all of us in this grams as we go through this budget? Congress are arm in arm in support of b 1810 And why do you want to build in what our veterans, in support of our military Are we going to make sure that we is misleading in a sense that it creates to ensure that they get the very best provide increases to make sure that we a false impression of what a dollar will medical care possible, that we’re pro- can maintain the same national de- purchase 10 years from now compared viding every benefit that they have fense? to what it will purchase today? earned by their service to the Nation. Mr. CULBERSON. Sure. BILL Mr. CULBERSON. Will the gen- And the only thing this bill will do is YOUNG’s going to do that. BILL YOUNG’s tleman yield? remove the automatic blind increase in going to take care of it. Mr. VAN HOLLEN. I’d be happy to the starting point for our spending. Mr. VAN HOLLEN. So here’s the yield. And we in the Appropriations Sub- point. So you’re going to create a docu- Mr. CULBERSON. I chair the Vet- committee, in the full sunlight of day ment for the American people that erans Administration and Military on C–SPAN and public hearings, will go says, hey, we’re going to be spending Construction Subcommittee in Appro- through and build in that increase that this much in year 10 for veterans when priations, and I assure you we all work has actually occurred in medical infla- we know that that’s not true. We know arm in arm together. My friend, Mr. tion and regular inflation to ensure right now, in fact, you’ve just said on BISHOP of Georgia, and I will make sure that we have compensated our veterans the floor of this House, that number’s veterans are taken care of. We will still for that increase that has already oc- going to be a lot bigger. be able to with this reform, but in the curred. But we’ll do it in a public hear- And my point is we can make it big- light of day look at inflation, medical ing; we’ll do it in the full light of day. ger, we can make it smaller. This bill

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.106 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H424 CONGRESSIONAL RECORD — HOUSE February 2, 2012 doesn’t save a dime in terms of what the numbers out there. We know what sions which are clearly necessary for us decisions we make. But why would we inflation’s going to be, but give the to make, and no amount of jiggering want to present the American people numbers out there so the numbers are around the edges is going to change with a misleading sense of what it’s the numbers, and we can say to the that. going to cost in real dollars and cents? American people when we talk about Now, as all of you know, I’m a strong I agree with the Member. controlling spending, this is what it is. supporter of a Bowles-Simpson ap- Mr. CULBERSON. Will the gen- We’re not cutting off what was the proach to bringing our country to a fis- tleman yield? automatic increase and trying to have cally sustainable path. Unlike many of Mr. VAN HOLLEN. I yield to the gen- two different sets of numbers and say- you, I believe that revenues have to be tleman from Texas. ing we really cut but we really in- part of that process and cuts have to be Mr. CULBERSON. Just for a friendly creased. We’re able to have a flat line part of that process and restraints of conversation. number out there that everyone can entitlements have to be part of that Truly, there’s nothing misleading. see and that everyone can process process. I’ve been saying that for 21⁄2 We’re doing this in the light of day. through. years now. It’s somewhat controver- What we’re, through this reform, going So while we’re fighting to be able to sial, but I have three children, three to do, Mr. VAN HOLLEN, is have these manage the budget and to be able to grandchildren, two great-grand- hearings in public, in front of C–SPAN work through the realities that are out children. If we don’t do that, they’re and the world, and talk about what ac- there of inflation—and I understand going to be hurting. tually has been the level of inflation fully the principle of inflation and how But, frankly, we ought not to pretend this year, what actually do we need to that fits into your buying power. But that the process is the problem. The do to increase funding this year for the while we’re fighting through those re- problem is the problem, as Rudy veterans, for medical inflation, for reg- alities, we’re not fighting against our- Penner’s said. The problem is the prob- ular inflation. selves. We understand that the number lem, and we ought to address it. And BILL YOUNG, the chairman of the De- that’s been presented to us is not in- we ought to have the courage to tell fense Subcommittee and a great leader cluding some arbitrary number that’s the American people that it’s not a from Florida who works in a bipartisan been invented that Congress did not question of process, not a question that way with NORM DICKS, your leader on come up with, but it’s a number that we don’t have the right process in place the Appropriations Committee, they’re we came up with, as Congress, and said in Washington. The problem is we don’t going to build in, they’re going to ana- this the projection and this is where have the votes in Washington. This Congress is dysfunctional. That lyze what inflation’s been. we’re headed. The difference here, truly, all we’re So the best thing I think we can do is doesn’t mean we don’t pass things. We do. But this week, frankly, what we’re doing is doing it in the light of day. create a neutral budgeting process, and dealing with will not affect any of the We’re removing the automatic in- the way to do that is to have this kind significant problems that we have, crease. That’s all. I want the pilot with of simple reform in baseline. Control whether it be jobs or fiscal responsi- his hand on the steering wheel of the the baseline spending by not having bility. airplane. the automatic increases. Have the Mr. VAN HOLLEN. Reclaiming my So I’m opposed to this bill. Why? Be- baseline be the baseline. Don’t put cause I think it’s a let’s pretend. It’s a time, but look, we’re doing everything something out in the future that was let’s pretend that if you have $100 to in the light of day. The issue isn’t not passed by Congress and assume spend on defense this year, that you whether it’s done in the light of day or Congress is going to then follow the can get that same defense for $100 next not. Of course it’s done in the light of lead of CBO, but assume that Congress year. You can’t. day. It’s what picture we’re presenting is going to pass the budget and that The SPEAKER pro tempore. The to the American people in terms of the next year we’re going to look at ex- time of the gentleman has expired. budget numbers on what their tax dol- actly what that’s going to be. Mr. VAN HOLLEN. I yield the gen- lars will be able to purchase in terms of Mr. VAN HOLLEN. Mr. Speaker, I tleman an additional 2 minutes. goods and services. am pleased to yield 3 minutes to my Mr. HOYER. You can’t, and the And in my view, it’s misleading to colleague from Maryland, the distin- American public knows that. say we’re going to be spending the guished Democratic whip, Mr. HOYER. We talk about, well, we ought to op- same nominal dollar amount for vet- Mr. HOYER. Mr. Speaker, I thank erate like a family. Family under- erans 10 years from now in the budget my friend, the ranking member of the stands that. They know their elec- when we know, according to your own Budget Committee, CHRIS VAN HOLLEN tricity bill goes up, and they know testimony and according to what we from Maryland, for yielding. they can’t get the same kind of heat know, that that’s not going to be the I, unfortunately, have not been able this year or next year that they got case. That’s why we try and put to- to listen to all of the debate, but I’ve last year because they know their elec- gether a document that gives us the listened to enough of it. This week tric bill has gone up, and they need to best representation of the information we’re playing let’s pretend. We’re play- know what that is. we have as to what it will cost; then we ing the game of let’s pretend that if we So what we said, the Congress said, can make a decision to add or subtract. solve the process, we’ll solve the prob- we want a baseline budget. What does I reserve the balance of my time. lem. it cost to get that $100 of value next Mr. WOODALL. Mr. Speaker, at this There’s an excellent article that I year? And so we get that. time it pleases me to be able to yield 2 think everybody ought to read. Stan The previous speaker I heard speak- minutes to the gentleman from Okla- Collender, who is a real expert on the ing—I don’t know who it was; I apolo- homa (Mr. LANKFORD), one of my fresh- budget process and who has been in- gize for that—said, you know, we ought man colleagues, a leader on the com- volved in this budget process for a to have an honest budget. Well, you mittee. long, long period of time, quotes in an can argue it’s honest both ways. Either Mr. LANKFORD. Mr. Speaker, one of article that he wrote—that I hope most it’s honest that that’s what we spent the things about being a freshman in of you read—in Roll Call. He quotes last year, 100 bucks, or it’s honest that, this body is walking in and trying to Rudy Penner. Rudy Penner was the Di- in order to do next year what we did learn the numbers game. On the Budg- rector of CBO—not a partisan indi- last year, you need $101.50. Both of et Committee, there are a million dif- vidual, in my view—that I’ve had the those are honest answers. Nobody ferent variations to the numbers, a opportunity of dealing with for some ought to think that that’s a dishonest million different options with the num- period of time. And his quote is: A answer. bers. And it’s amazing to me, in Wash- process, no matter how well designed, The answer is: Do you want to know ington, DC, when you try to say what’s cannot make difficult problems easy. what you spent last year? Look at the the number, you’ll get five different I think my friend, PAUL RYAN, would budgets. Do you want to know what it numbers. agree with that. It’s not the process would cost you to do the same thing? So I think the best thing that we can that’s the problem. The problem is we Then you get the baseline. So either do is clarify the system and say, give don’t have the courage to make deci- one is honest. It’s just a judgment.

VerDate Mar 15 2010 05:22 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.108 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H425 But you’re pretending that you’re He’s also half right when he says ciding and having decisions made, saving money by having that kind of Congress is dysfunctional. Where he’s which is budgeting, so we can save this budget. Baloney. Baloney. The only half right, it’s the other body over on country from a debt crisis. way you’re going to save money is to the other side of the rotunda, the Sen- Mr. HOYER. Will my friend yield? have the courage to vote to do so. ate, because last year in the majority Mr. RYAN of Wisconsin. I yield to My friend, PAUL RYAN, is shaking his they didn’t pass a budget. the gentleman from Maryland. head. He and I have some significant Mr. HOYER. Will the gentleman Mr. HOYER. I thank my friend for disagreements, but very great respect, yield? yielding. I hope, for one another. I know I have Mr. RYAN of Wisconsin. I would be Frankly, this issue is of such impor- great respect for him. happy to yield. tance, it is a shame we don’t have a lot b 1820 Mr. HOYER. I was just going to kid of time to discuss it because I think in him that he’s just now trying to get to many respects we do agree. I think we are advantageous as a things that we can all agree on. Where we disagree, however, is when country having Mr. VAN HOLLEN and Mr. RYAN of Wisconsin. That’s right. you say that body that is dysfunc- Mr. RYAN, who are both very bright, Trying to get some consensus here. tional—the gentleman just referred to able, committed people dealing with The year before when they had a that. I kidded about it. Both parties this. The trick is coming to agreement supermajority, no budget. are dysfunctional to the extent that we irrespective of process. It’s substance To budget is to decide. To budget is are not making determinations to that matters. The American public will to make a decision. They haven’t budg- spend just the money we have. We be affected by the substantive judg- eted for over a thousand days. haven’t done that for some period of ments we make, not about whether we The budget process we have here, time. do it with a baseline budget or a static which we’ve had in place since 1974, re- Mr. RYAN of Wisconsin. You’re talk- budget or dynamic scoring. quires the House pass a budget by April ing about deficit spending? The SPEAKER pro tempore. The 15, the Senate pass a budget; and they Mr. HOYER. Yes. Not spending time of the gentleman has expired. didn’t do it for over a thousand days. money we don’t have. Mr. VAN HOLLEN. I yield the gen- So when we look at the process, we From my perspective, we did that tleman 1 additional minute. see that it’s not working the way it Mr. HOYER. I don’t believe in dy- when we cut taxes. We didn’t pay for needs to. It’s no substitute for personal namic scoring. I think dynamic scoring that. It wasn’t like we had a real sur- discipline, for Members making deci- is a liberal, radical idea. Why? Because plus. We had a projected surplus. We sions, for compromising; but in this it pretends something you don’t know. banked on that; and as I said earlier, George Bush said we had $5.6 trillion particular case, we think the process is we lost on that proposition. we could rely on and therefore have part of the problem. We think the proc- I suggest that whether or not, as I very deep tax cuts. Didn’t work out. I ess needs to be improved to make it said, you use what you think is the would much prefer to not use dynamic more likely that we make these deci- bias towards not spending as opposed scoring and have more money than I sions, that we get to exercising that to a bias for spending, as someone who thought I was going to have that I discipline. served on the Appropriations Com- could apply either to reduction of the On this particular bill, we are assum- mittee for 23 years, we all know what deficit or some other priority that I ing $1.4 trillion in automatic spending will happen. The agency will come in thought was important, rather than increases and discretionary spending and say this is what we are doing for find out, oops, I was wrong on dynamic over the next 10 years. We probably 100 bucks, and this year we need 150 if scoring, I have less money and I’m shouldn’t do that because even though you want us to continue to do that. deeper in the hole. Now, you can differ it happens—this is not a spending-cut My point is the Congress has the au- on that, but that’s my view. bill. This is a measurement bill. But thority to say, no, we want you to do I’d rather be conservative and say, the way we measure it leads to a bias less. It is the Congress’ role to make Gee, I hope investing in infrastructure, in more spending. priorities. I suggest to the gentleman cutting taxes, doing whatever you What I’m trying to say, Mr. Speaker, it won’t be easier for us to do it under think is going to get better education is in 2009 and 2010, domestic discre- either scenario because it is hard to do. is going to get you better results; I tionary spending, including the stim- I agree with the gentleman that we hope it does get better results. That’s ulus, increased by 84 percent. So this ought to do it. the purpose of investing in it. If it category of government has grown The SPEAKER pro tempore. The does, you’re benefited if you didn’t very, very fast; and we’re saying let’s time of the gentleman from Wisconsin count on it because you have more stop automatically assuming that it has expired. than you thought you would. That’s needs to grow every year. Let’s put the Mr. WOODALL. I yield the gen- the place to be, not having less than taxpayer first and the government tleman an additional minute. you thought you would. agencies second as far as who gets the Mr. HOYER. I simply don’t think this So I urge my colleagues to reject this money first. bill or any other bill will get us to that bill, to adopt reality. It cost us to do What I’m trying to say is if we want end if we do not have the courage and, this yesterday, and now it cost us to do to put a bias in favor of requiring agen- your word, ‘‘discipline,’’ to effect that it today. I think that’s a responsible, cies to do more with less, be more pro- end. smart way to budget. ductive, more efficient, then we should Mr. RYAN of Wisconsin. Reclaiming I thank the gentleman for yielding not assume they automatically get a my time, I agree with that. I think the this time. I thank you, Mr. Speaker, spending increase every year. That’s gentleman is right about that. There is for your light touch. how businesses do it. That’s how fami- no substitute for courage. This bill in Mr. WOODALL. Mr. Speaker, at this lies do it. and of itself won’t fix the problem. time it gives me great pride to yield 5 A lot of families don’t get raises, but What I would simply say is that this minutes to my chairman, the gen- their expenses go up. Gas prices go up. bill helps remove what I think is a bias tleman from Wisconsin (Mr. RYAN). Insurance costs go up. Grocery prices in favor of not pressuring government Mr. RYAN of Wisconsin. Mr. Speaker, go up. But they don’t get a raise, so to be more efficient, more lean because I appreciate Mr. WOODALL for his lead- they have to prioritize. We think gov- they will think they will automatically ership. ernment should do the same, and we get a spending increase year after year I simply want to say I deeply respect shouldn’t just assume they are going to after year. That is the point. There is the minority whip, and I agree with a get a raise. no substitute for discipline. I com- lot of what he just said. First of all, This is not going to fix our budget pletely concur with that. he’s totally correct when he’s saying problem, but we think this and the This helps us get the system pointed there’s no substitute for discipline, other bills we bring to the floor will in the right direction. That is why I en- meaning Congress has got to make de- improve the process to get us to what courage all Members to support this. cisions, and nothing can substitute for we need to do, which is come in here I thank Mr. WOODALL and Mr. GOH- that. agreeing, compromising, and then de- MERT for their leadership.

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.109 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H426 CONGRESSIONAL RECORD — HOUSE February 2, 2012 Mr. VAN HOLLEN. Mr. Speaker, I and most accurate sense of what tax- far too long, we’ve had those conversa- would inquire if my colleague from payer dollars are going to buy in terms tions during town hall meetings when Georgia is prepared to close. of goods and services. What this does, we spent $1 million last year and when Mr. WOODALL. I am prepared to as Mr. HOYER says, is to play let’s pre- we’ll spend $1.1 million next year, and close. tend. Let’s pretend that, for the same they call it a cut—‘‘they’’ being the Mr. VAN HOLLEN. I yield myself the nominal amount, you’re going to be Washington measures. balance of my time. able to get as much in terms of vet- That’s nonsense, nonsense. The SPEAKER pro tempore. The gen- erans’ health care 10 years from now as Is there a cost of living issue? Abso- tleman from Maryland is recognized you are today. If we do that, the real lutely. Do we have to spend more on for 4 minutes. question to ask up front is: What vet- health care next year than we do this Mr. VAN HOLLEN. Thank you, Mr. erans’ services and benefits are we year? Absolutely. Do we have an un- Speaker. going to cut? limited spigot of cash that we can turn I think we have had a good debate. Now, the Appropriations Committee on to meet those needs? The answer is There have been a couple of themes. decides each year exactly how much to no. The answer is no. One is that this bill in and of itself, I cut and how much to add. That’s why, This isn’t a little issue, Mr. Speaker. think everyone acknowledges, won’t at the end of the day, this is all a ques- $1.4 trillion over the 10-year window is save the taxpayer one penny. It doesn’t tion of the will of this body to make what this automatic phony budgetary do that. tough decisions; but let’s make tough gimmick increases the budget to be. In order to save the taxpayer money decisions off an accurate measure of We’re cutting that out. We’re cutting and reduce the deficit, we have to what things will cost both now and in that out. We’re saying, Congress, if you care make the tough decisions that Mr. the future. In order to do that, we about veterans as our veterans’ com- HOYER and Mr. RYAN mentioned. There should maintain the existing practice, mittee chairman does and as our appro- are obviously disagreements as to how which shows us exactly what that is, priating chairman does, stand up and we go about doing that. We’ve talked and not create what I think will be a put your money where your mouth is— about the importance of trying to misleading sense that we can get more and I guarantee you we’re going to do make sure that as we go forward we for our buck than we really can. have a budget that reflects the values With that, Mr. Speaker, I yield back it. If you care about seniors, stand up and the priorities of the American peo- the balance of my time. and put your money where your mouth ple, and one where we are covering our Mr. WOODALL. I yield myself such is—and I guarantee you we’re going to costs. That means paying our bills. time as I may consume. do it. But, Mr. Speaker, if we gave A lot of us believe that in order to do I just want to begin by thanking the folks $500 last year to go out and buy that we’ve got to get rid of some of the folks on the Budget Committee who their new iPhones, that iPhone has tax breaks for the folks at the very made it possible to bring this bill to gone down. If we gave folks $100 at the top, that we need to close a lot of the the floor tonight: Nicole Foltz, Jon beginning of the Obama administration special interest loopholes. That is a Burks, Paul Restuccia, Jon Romito, to buy gas, clearly, that $100 is not very important debate. and on my staff, Nick Myers. enough to do it anymore because gas The question here is just how we put This is a team effort, and it was led prices have doubled. We already have a phony budget together an accurate reflection for the by the gentleman from Texas, LOUIE mechanism to project and bias towards American people about our best guess GOHMERT, who has been working on increased spending. This is a bill—a of what I think should be a budget that this issue year after year after year, simple bill—to which folks back home shows what their taxpayer dollars will but he could not find a Budget Com- ask time and time again: Why hasn’t it purchase in terms of goods and serv- mittee chairman who was willing to happened before? I don’t have the an- ices. prioritize process—and process mat- ters. I’ve learned in my 1 year here as swer, but it’s not about blaming folks b 1830 a Congressman, Mr. Speaker, that we in the past for not getting it done, Mr. It is a question of measurement. How spend a lot of time arguing about proc- Speaker. It’s about coming together, as do you measure what you’re going to ess. If we could find that common we are tonight, to get it done. be able to buy for the American people ground on process, we could get on to This is a bill that has the support of or buy for our veterans 10 years from the substance. This is one of those the National Taxpayers Union. This is now? When you put $61 billion in the issues. a bill that has the support of Citizens budget today, which is what we pay for I’d like to associate myself with the Against Government Waste. This is a veterans’ health issues and for other comments of the gentleman from bill that has the support of veterans’ programs in the discre- Maryland. He says the question is: How FreedomWorks. And this is a bill that tionary budget—and as Mr. HOYER do we put together an accurate picture has the support of the American peo- says, let’s pretend we’re going to put of the budget process for the American ple. I would urge my colleagues to vote in $61 billion in for that program 10 years people? That is exactly the right ques- favor of it, and let’s move this bill on from now—that is a cut when you take tion to ask. When I ask that question to the Senate. into account inflation and what we of my constituents back home, they know about the increases. With that, I yield back the balance of say, Rob, cut out those phony numbers my time. In fact, Mr. CULBERSON, from the Ap- of automatic increases every year. The SPEAKER pro tempore. All time propriations Committee, was here on We absolutely agree on the question, for debate has expired. the floor, and he’s absolutely right. He Mr. Speaker. It’s how you answer the The Chair understands that the gen- says you can be sure that the appropri- question that divides us. tlewoman from Texas will not be offer- ators are going to build in inflation. As the minority whip said earlier, ing her amendment. We’re going to make sure we take care this isn’t a bill that deals with our pri- Pursuant to the rule, the previous of that. In fact, we’re going to do a lit- orities for spending. Our appropriators question is ordered on the bill, as tle more than that because medical in- are going to do that. This isn’t a bill amended. flation runs higher. If we’re trying to that cuts one penny. This is a bill that Pursuant to clause 1(c) of rule XIX, give an accurate measure to the Amer- changes the way we measure the pen- further consideration of H.R. 3578 is ican people about what the budget is nies that get cut. postponed. going to look like every 10 years, why I will say to you, Mr. Speaker, I start f would we put a number a member of getting nervous when I hear the Wash- the Appropriations Committee said is ington political class talk about chang- THE PROGRESSIVE CAUCUS: not going to be realistic and that we ing the way we measure, because I just LIBERTY AND JUSTICE FOR ALL know, as we gather here, is not real- assume they’re going to come up with The SPEAKER pro tempore. Under istic? some new phony way to make it hap- the Speaker’s announced policy of Jan- If we are going to be serious about pen. Yet in this case—and perhaps this uary 5, 2011, the gentleman from Min- budgeting, we need to have the best case alone—what we’re saying is, for nesota (Mr. ELLISON) is recognized for

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.111 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H427 60 minutes as the designee of the mi- America this great Nation. We recog- overcome all the sins of the past and nority leader. nize our wonderful Nation, our great don’t want to conserve any of them. Mr. ELLISON. Thank you, Mr. Nation had a dream. From the very be- Mr. Speaker, we want to go into a Speaker. ginning we had a dream, but we also few key points tonight. We won’t be My name is KEITH ELLISON, and I am had a reality. The dream was liberty here the whole hour, but we want to be a cochair of the Progressive Caucus. and justice for all, land of the free, strong while we are. And so today we The Progressive Caucus, for people just home of the brave. The dream was that bring the people, Mr. Speaker, the pro- tuning in, Mr. Speaker, is a group of all Americans and all men will be cre- gressive message to illustrate what’s at Members of Congress who believes that ated equal, endowed by their creator stake in America today. What are the America is a place where the idea of with certain inalienable rights, among things that we’re competing for? What liberty and justice for all must prevail. them life, liberty and the pursuit of are we contesting for? We come down, It has got to be more than the words happiness. That was the dream. But we watch the events on the House floor that we say in the Pledge of Alle- the reality was America held slaves. and all across the America, but what is giance. It has got to be something we The reality was women couldn’t vote. the fight all about? actually live. The reality was the original people Working families are getting crushed ‘‘Liberty and justice for all,’’ that were relegated to an inferior status. and our middle class is shrinking every means everyone. That means we don’t So people who believed in that day. The working people of America exclude people based on their religion, dream, people like Martin Luther King, are fighting to preserve a quality of life and we don’t demonize them because of people like Harriet Tubman, people because a set of ideas has prevailed in it. We embrace people in all their ra- like Elizabeth Cady Stanton, and peo- America which basically says that any cial and ethnic diversities. We say that ple like Susan B. Anthony, people like regulation is bad, and what we say is Americans born in America and that Eugene Debs, and people like Walter that regulations, if they’re protecting those who have come here are Ameri- Reuther and other great Americans, life, protecting the environment, and cans all the same. Whether you’re they believed that that dream was they’re helping the rules be fair and al- straight or gay or whether you’re male worth fighting for and got out there, lowing Americans to succeed and have or female, we believe in all America— Mr. Speaker, and made the dream re- opportunity, they’re not bad. one America—indivisible, with liberty ality. But there are some people who never and justice for all. We weren’t trying to conserve the old saw a regulation that they liked. We We believe in civil rights. We believe order and status quo; we were trying to believe protecting health and safety is in human rights. We believe in the im- progress toward a better America that a good thing. We believe that getting portance of economic opportunity really reflected that dream that I was rid of bad regulation or old regulation being wedded to social inclusion. For just talking about. The dream was that is just fine, but these folks over here the working people every day—Ameri- all Americans are created equal. The have an ideological commitment to cans of all backgrounds—that means, if reality was segregation. any, to ending any regulation, and we you work every day and if you work But Americans who had a progressive recognize that this is exactly what has hard, you ought to be able to put food vision said we’re not going to stay, ruined our environment, exactly what on the table for your families. we’re not going to conserve segrega- has caused global climate change, and tion. We’re not going to conserve rob- exactly what caused the financial dis- b 1840 ber barons who controlled all the aster. You ought to be able to organize in a wealth in the 1890s. We’re not going to What’s at stake in America? union on your job. You ought to be able conserve the abuse of our environment. Here in America some folks believe to expect a good, decent retirement Rachel Carson said, we’re not going that if the economy is going really, after a whole life’s-long work. You to conserve that. We’re not conserv- really well, what they need to do is ought to be able to expect that you can atives. We’re trying to make America have a tax cut for the wealthy. If the affordably put your kids through better. We believe in the greatness of economy is doing really, really bad, school. You ought to be able to expect this country, and we are not going to well, what they need is a tax cut. that we will have a strong social safety stop until we get it. If the economy is doing sort of good net if you happen to hit hard times. So people like Rachel Carson said and sort of bad, what we need is a tax This is the Progressive Caucus, the we’re going to have a clean environ- cut. In other words, the guys on the caucus that believes that it’s better to ment, and she wrote about it and she other side of the aisle, they don’t be- talk it out than to shoot it out. Diplo- fought for it. And people like Martin lieve in taxes. We in the Progressive macy is better than war. We should try Luther King fought for civil rights, and Caucus believe that you shouldn’t tax to work out our differences with other people like Walter Reuther fought for Americans any more than is necessary, nations, and saber rattling and invest- the right to organize. And sometimes but we believe that taxes are the dues ing in warfare armaments and outside people who were in these movements that we pay to live in a civilized soci- and above protecting the American gave their lives for the changes that ety. people is a problem. they stood for, and other times they We believe that if our taxes go so We should be talking about things were able to survive. that there can be Head Start for our like environmental protection. We But the fact is they were all united poor kids to be able to have a chance in should be protecting our natural world. in one progressive vision of what Amer- life, that’s all right. That if we have to We should be addressing the dangers of ica should be about, not trying to pre- pay taxes for police officers and fire- climate change, and we should be af- serve racism, slavery, segregation, gen- fighters and people who work on our fecting that change to make sure that der oppression. The progressive move- roads to make them safe and make America is greener and cleaner and ment is what we stand for, not conserv- sure bridges are safe to cross, we’re all more sustainable. atism. That’s not us, we’re not them right with that. That’s the Progressive Caucus, Mr. and don’t want to be confused with We’re not these folks who believe Speaker. We’re the ones who could be them. that you want to cut, slash, and burn, found standing up for the Constitution, So tonight we’re here for a progres- and act like public workers and public standing up for the idea of freedom of sive message, and we’re going to be employees are just, you know, not val- expression, freedom of religion, free- talking about jobs and unemployment, uable. We recognize they are valuable, dom of the press. We will be found but I did want to take a moment, Mr. and I’m talking about people who work standing up for the idea the govern- Speaker, just to let everybody know in parks and rec, the police, the fire- ment must have the proper authoriza- who the Progressive Caucus was, be- fighters, but also the people who make tion and justification to violate peo- cause we don’t want anybody to think sure that our water is clean and our en- ple’s right to be left alone. that we’re something else than what vironment is safe. Also, people who We also want to stand up and say we are, the people who embrace the make sure that our economic and fi- that we believe that the progressive American Dream and believe that nancial system is safe, people who motion in America is what has made America is such a great country we can make sure that when people, that when

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.113 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H428 CONGRESSIONAL RECORD — HOUSE February 2, 2012 some folks want to cut corners and just Anybody who has ever made any- And so, Mr. Speaker, with all of these want to make a quick buck, that thing knows that sometimes that hap- problems that we’re facing, with 70 per- they’re not going to be allowed to do pens. Sometimes you’ve got to mend cent of people who will need some level that. the thing that you’re working on. If of long-term care by the time they You need a cop on the beat, a finan- you’ve ever cooked a meal, sometimes, turn 65, with the number of Americans cial cop on the beat to make sure that you know, you’ve got to put a little 62 years of age and older being 20 per- good actors are rewarded and bad ones more sugar or salt or add a little more cent higher than 10 years ago, with all are punished. So people who say, oh, we water. Legislation is exactly the same of these issues, Mr. Speaker, you would don’t want any regulation because it way. You pass a law, you think it can think that the Republican majority would hurt jobs, we don’t agree with do certain things, but when you get would step up and do something about that. We believe that jobs are going to into the actual operation of it, some- it. They’re in the majority. come when we have middle class people times it doesn’t work like you thought. But what has been their response? An having enough money to spend, and With this long-term care bill, some attempt to score political points, not then the businesses of our country good public servants said, you know, solutions. They haven’t come with any have enough customers so that they there are some kinks we’ve got to work solution. They haven’t come with a can then add new people. out. But instead of working out those proposal to fix long-term care. They Whereas our friends on the other side kinks, the Republican majority just de- just want to strip what President of the aisle believe that if you give peo- cided to strip the whole thing away. So Obama and the Democratic majority ple like Mitt Romney a lot of money, seniors who need long-term care, the did, and I think that’s too bad. maybe, just maybe, it might trickle Republican majority didn’t say, You Now, that was what we did yesterday. down to the rest of us. Something know what, here’s our fix. They just We messed around. They tried to em- might land on our heads. Well, some- said, Get rid of what was already done. barrass the President. It didn’t work thing has landed on our heads, but it’s We say build on what was done. They because Americans know that Presi- not rain or a good job; it’s hard times say strip it away. It’s too bad that’s dent Obama cares. In fact, I think Re- economically. the position that they took, but that’s publicans know it, that’s why they call Trickle-down economics, supply-side the position they took. it ObamaCare. Well, he does care, so economics is a failed policy. It never Let me tell a few things about long- they can say whatever they want. worked. They always want to say term care and why we need to But my point is today they were Reagan, well, look at Reagan. Reagan strengthen long-term care and not back up to their old tricks. Today, we raised taxes plenty of times, and so strip away what’s already been passed. in Congress voted on a budget gimmick they even misappropriate his legacy. We have a long-term crisis in the bill—that’s all you can really call it— But the fact is the Progressive Caucus United States today that the Repub- a bill to make it easier for Republicans is here to talk about what’s at stake in licans, who are in the majority in the to pass more tax giveaways to the top America today. House, are not dealing with. 1 percent. They call it the Pro-Growth Now, if you want to know what’s Do you know, 10 million Americans, Budgeting Act. And, Mr. Speaker, if I really going on, you could just look at Mr. Speaker, need long-term care. Over had a dime for every deceptively this week. Here we are in Washington, the next decade, another 5 million named piece of legislation during this supposed to be working hard on peo- Americans will require this care, bring- 112th Congress, I think I’d be a wealthy ple’s business. It’s not like a lot of big ing the total to about 15 million peo- man right now. things aren’t going on. We’ve got a ple, Mr. Speaker. The problem is only This legislation would rig the rules, payroll tax that’s about to expire. getting worse, and we’ve got to do play games with the rules, funny ac- Did we take that up on the House something about it. I wish my friends counting, Mr. Speaker, to make it easi- floor today? No. on the Republican side would help us. er for the GOP budget priorities to Did we make sure that Americans But even though they are in the major- pass, like the Ryan budget, which in- don’t end up with a thousand dollars ity, they’re not. cluded deficit-busting tax cuts for the extra to pay over the course of a year Nearly 70 percent of all people will wealthy and cuts in job-creating in- as the payroll tax deduction goes up? need some level of long-term care after vestments like education, estimated to No. turning 65 years old, Mr. Speaker. That cost about 1.7 million jobs by 2014. Oh, this summer student loans are means anybody lucky enough to get to This bill, this funny-math bill, this going to go up, are going to double if 65, there is approximately a seven in 10 bill requires the Congressional Budget we don’t extend the law that would chance you’re going to need some long- Office to use what they call dynamic allow them to stay lower. Did we work term care assistance. The number of scoring—that’s the word they like to on that? No, didn’t touch that. But Americans 62 years and older is 20 per- use—as part of a macroeconomic im- here’s what we did do. This week in cent higher than 10 years ago, so Amer- pact analysis of tax provisions. That’s Congress the Republican majority ica is aging. And you know what, this a whole lot of long words, Mr. Speaker, didn’t bring up a single bill to create is a good sign. We want Americans to which basically says that they want to jobs, none of that. be healthy. We want our seniors to be score it in a way that makes them look healthy, and we want them to be good. That’s what they’re trying to do. b 1850 strong. And when they get into a And what they want to do is include They didn’t bring up a single bill to health crisis, we want them to have the calculating their effect on the economy help Americans stay in their homes as care that they need. like GDP—that’s all of the goods and we are in the midst of this foreclosure And, Mr. Speaker, it’s also important services in a year domestically, invest- crisis that seems to never end. They to point out here that about 62 million ments and employment—which past didn’t bring up any bills to make sure unpaid family caregivers, about 62 mil- budget analysts have said are really that our air was clean and our water lion unpaid family caregivers, that’s not going to be an accurate reflection was safe to drink. Nor did they bring adult children of seniors, about 62 mil- of what’s going on when preparing sup- up any bills to rebuild our country. No, lion of these families provide care plemental cost estimates for major leg- instead, they were busy playing poli- which, if you put a dollar figure on it, islation. tics while people are hurting. would amount to $450 billion in 2009, Such an analysis is designed to hide Yesterday, they brought up a bill to more than the total spending on Medi- the impact of tax cuts on the budget repeal an effort to help seniors get care that year. So families are stepping deficit, making tax cuts easier to enact health care called the CLASS Act. up, but families need a little help. I can or extending by masking their true Now, the CLASS Act was a piece of the tell you, Mr. Speaker, people are com- costs. This bill, this funny-math bill, Affordable Care Act. Some good-faith ing into my office every day. People injects supply-side economics into the people working in our government said, my age, I’m 48, and they say, My mom Congressional Budget Office scoring, you know, there are some things that is getting older. She needs help. Or she which has been discredited time and we need to fix with this bill before it got sick, something’s going on. We time again. It has no place in the non- works the way we want it to. need a fix for the long-term care. partisan analysis provided to Congress.

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.114 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H429 You see, Mr. Speaker, the CBO was set have dynamic scoring so it doesn’t look anymore. You are on your own. We’re up so that neither the Republicans nor so obvious. going to lay off teachers, we’re going the Democrats, the conservatives or Now, I talked about what we did yes- to not give the cities enough to make the progressives, none of us with our terday, which is try to do nothing sure there’s enough police, water, fire, points of view could get in and mess about long-term care except embarrass all that stuff. You’re on your own. around with the way the Congressional the President and strip the CLASS Act But Mitt Romney is not on his own. Budget Office scored a bill. out. Today, we played games with the If you need a bailout, you’re not on What it means to score a bill, Mr. budget again with budget-counting your own. But if your house is under- Speaker, is to analyze the costs of the measures trying to interfere with how water, don’t look to the majority for bill, or analyze the financial impact of the nonpartisan Congressional Budget help. If you’re a father who lost your the bill. So it might be how much taxes Office does the scoring. Well, what are job through no fault of your own, a is this going to generate. The CBO, the we going to do tomorrow, Mr. Speaker? mother struggling to make ends meet, Congressional Budget Office, would Certainly, tomorrow must be better or a family kicked out of your home, give us an estimate. Or how much is than the last 2 days, particularly given the majority of the 1 percent says this program going to cost. The CBO the fact that we got the payroll tax de- you’re on your own. Turning their tells us what are the budgetary impli- duction running out and other things, backs on ordinary Americans may pad cations of what we’re doing. Histori- important things, going on. Are we the profits of corporate donors and cally, Republicans and Democrats have going to take up the payroll tax deduc- hedge funds of billionaires bankrolling just had to live with the CBO score be- tion issue tomorrow? No. their campaigns, but it won’t grow the cause it’s a nonpartisan office, mean- Tomorrow, we’re going to do some- middle class. ing neither party controls it. But now thing else, another budgeting gimmick It used to be that working hard and what the Republicans want to do is bill, this time called the Baseline Re- playing by the rules meant you got a come up with this dynamic scoring form Act. This is another one to try to fair shot. We’ve got to restore that thing to make their estimates look hide the reality. It requires the Con- dream. We’re not talking about an better. This is wrong. They shouldn’t gressional Budget Office—and, Mr. American fantasy where everybody is— do it. They shouldn’t do it. Speaker, you’ll recall I explained that you see it on TV sometimes, Mr. The underlying assumption behind Congressional Budget Office is some- Speaker, where you’re going to be liv- the bill is that tax cuts pay for them- times referred to as the CBO—it re- ing in some lavish place and fancy this selves. This is obviously wrong. The quires the CBO to unrealistically as- and fancy that and lifestyles of the reason we are in this monumental debt sume in its baseline that spending in rich and famous and all this kind of and deficit situation that Republicans the future will stay the same and not stuff. We’re not talking about an like to talk about, they’re always grow to keep pace with inflation, American fantasy. We’re talking about going on about we’re leaving debt on thereby facilitating cuts in real terms an American Dream, which is realistic our children and grandchildren. They in job-creating investments. because it’s not too much to ask that if This bill ignores the impact of infla- always say it like that in a real dra- you’re willing to work hard in this tion on the discretionary budget which matic way, Mr. Speaker. country that this country should work gives an unrealistic picture of what it The reason we’re in this mess is be- for you. will take to maintain basic services. cause we got two unpaid-for wars under But many Americans out there are a Republican administration and huge So, understand it this way, Mr. Speak- er, if inflation is making everything under a lot of stress, and it’s because tax cuts under a Republican adminis- from a policy standpoint, their elected tration. They cut taxes during a war. cost more but you try to hold the line, then the cost of things will not be ac- leadership is catering to the people When you’re really supposed to be rais- who have the most under the philos- ing taxes to pay for the war, they cut curately reflected if you don’t account for inflation. But this is exactly what ophy, Mr. Speaker, that if you give it taxes during the war which exploded all to the rich, they will invest in all this debt. That’s the truth. If they they don’t want to do. Republicans want to starve these plants and equipment, and then it will come down here and tell you the truth, trickle down to everybody else. That that’s what they would say. That two programs, and they could lead to long backlogs for services and other types of philosophy has failed, and it’s time for unpaid-for wars and the Bush tax cuts them to admit it. are what exploded the debt and the def- problems such as the major issues at We need leaders who understand that icit. It’s why we’re in the situation the Walter Reed Hospital during the when we all do better, we all do better. that we’re in. last decade. Relative to the traditional They always want to say, oh, baseline, a freeze would reduce invest- Americans have got to have a better ObamaCare. That’s not the cause of it. ment for long-range programs such as shake. And we in the Progressive Cau- They want to say, oh, oh, the stimulus. rebuilding and educating America by cus are standing up for hardworking That’s not the cause of it because that over 20 percent and by the 10th year. taxpayers of the great American mid- was an expenditure in a short period of So there you have it, Mr. Speaker. dle class and working class and poor. time that didn’t have long, long tails Three days of not dealing with what we We in the Progressive Caucus are not like these tax cuts do or these wars. need to deal with, 3 days of playing ashamed to stand up for the poor, Mr. games, 3 days of not dealing with the Speaker. We believe that poor people, b 1900 people’s business, 3 days of not focus- low-income people, what you call poor That’s what has exploded the deficit. ing on what America needs us to focus people, are poor if they’re too old to And now, instead of owning up to it on. work or too sick to work or too young and saying we need to tax Americans So, Mr. Speaker, let’s talk about the to work. Anyone else might be poor by more fairly, not just take care of the American people. They have rejected circumstance, but they would love to rich people, but take care of everybody the Republican budget scheme that join that great American middle class and make sure the burden is shared and ends the Medicare guarantee to pay for if they could just get a chance. And not just the rich get to escape with not tax breaks for Big Oil millionaires and that means an education, that means doing anything, or not doing much. corporations that ship jobs overseas. job retraining, and that means an econ- Some folks running for President are For the last year, if you’re not a CEO omy where we’re literally trying to do worth hundreds of millions of dollars or a wealthy special interest, the Re- something to protect the American and only pay 13.9 percent on it; whereas publican Party of the 1 percent says worker from off-shoring by investing in if you make 50,000, 60,000, you’re going you’re on your own. I often wonder our infrastructure, putting people back to pay 25 percent, 28 percent or 35 per- what they meant when they said the to work, and by doing things to make cent, depending on exactly how much ‘‘ownership society.’’ What they really this economy strong. you make. It’s unfair. What the Repub- mean is the ‘‘you’re on your own soci- The best way to get our economy licans want to do is instead of just ety.’’ They mean, hey, we got to cut going is to put America back to work. owning up and saying, yeah, we were cities and towns, and we got to cut There’s a lot of work to be done. The fiscally irresponsible, they just want to States, and we can’t be there for you best way to cut spending is to cut

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.115 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H430 CONGRESSIONAL RECORD — HOUSE February 2, 2012 spending on tax handouts to million- and protect America so we can get this sterilization, abortion-inducing drugs, aires, billionaires, and corporate spe- economy working again. and contraception. cial interests, while we give $4 billion With that, I yield back the balance of I offer for the RECORD an excerpt to the oil industry while they’re mak- my time. from a letter from Bishop Sample of ing the most money they ever made, f the Catholic Diocese of Marquette, one and they still come down here and of my constituents. Here is a quote scream, oh, don’t take away our sub- b 1910 from Bishop Sample’s letter: sidies. REPEALING OBAMACARE In so ruling, the Obama administration has The American people know that the cast aside the First Amendment to the Con- best way to cut spending is to cut The SPEAKER pro tempore. Under stitution of the United States, denying to spending on big special interests like the Speaker’s announced policy of Jan- Catholics our Nation’s first and most funda- uary 5, 2011, the gentleman from Michi- mental freedom, that of religious liberty. Wall Street and Big Oil. But instead, And as a result, unless the rule is over- Republicans would rather make the gan (Mr. BENISHEK) is recognized for 60 minutes as the designee of the major- turned, we Catholics will be compelled to ei- rest of us pay for tax giveaways for ther violate our conscience or drop health millionaires and Republican corporate ity leader. care coverage for our employees and suffer donors like big oil and pharmaceutical Mr. BENISHEK. Tonight, my col- the penalties for doing so. companies. leagues and I have come to the floor, The Obama administration’s sole conces- So we want an America where the both as Members of Congress and phy- sion was to give our institutions 1 year to sicians, to discuss the urgent need to comply. We cannot, we will not comply with burdens are shared and where the bene- this unjust law. People of faith cannot be fits are also shared. We want an Amer- repeal and replace the Patient Protec- tion and Affordable Care Act. made second-class citizens. ica where there is true economic oppor- Mr. Speaker, as a fellow Catholic and tunity and inclusion. We want an Like many of my fellow Members here this evening, I’ve spent the last a physician, I agree with Bishop Sam- America where it doesn’t matter ple. It’s my belief that the government whether if you’re born here or you decades of my life as a physician, a sur- geon. Unlike our President, I was on has no right to mandate that employ- came here, it doesn’t matter what ers purchase health insurance for their color you are, it doesn’t matter what the front lines of medicine. I went to medical school in Detroit, Michigan. I employees in the first place. But this religion you are, it doesn’t matter law is made even worse by demanding whether you’re male or female or who did a family practice internship in Flint. I returned to Detroit to do a sur- that those who support life, regardless you want to be married to, that all of of their particular religion, provide us can have a good, prosperous life gical residency, and then moved to the upper peninsula of Michigan, where for coverage for abortion-inducing drugs. based on an economy that works for Mr. Speaker, Federal conscience laws everybody. the last 28 years until I took this job, I was taking care of patients in a rural have existed since 1973 and have pro- And so I just want to say, Mr. Speak- tected many health care providers from er, as I begin to wind up my remarks, general surgical practice. I know what it’s like to be in a small discrimination due to religious and that this Progressive Caucus is going moral values. Unfortunately, President to be here standing up for the Amer- town where people depend on their local physician, and it’s 2 hours in an Obama’s health care bill contains no ican people. We will be there for the 99 language protecting the conscience of percent. We will work to get money out ambulance to get to the nearest hos- pital. And the Patient Protection and health care providers. of politics, as we’re pushing constitu- I recently cosponsored H.R. 1179, the Affordable Care Act is affecting rural tional amendments to do so. We will Respect for Rights of Conscience Act, hospitals to such a degree that many of stand up to Citizens United. We believe which was introduced by my colleague, these hospitals are going to close. And that corporations are not people, Mr. FORTENBERRY of Nebraska. If I just want to bring to your attention, money is not speech. And in America, signed into law, this bill would amend Mr. Speaker, the seriousness of this democracy is not for sale. the Affordable Care Act to permit a problem. We believe unemployment insurance health plan to decline coverage of spe- It’s been a pleasure being a surgeon. should be there for people who have cific items and services that are con- It’s a pleasure being here in Congress. fallen on hard times. And we believe trary to the religious beliefs of the As a matter of fact, sometimes pa- that the social safety net is something sponsor of the plan without suffering tients of mine still call the congres- that’s important so that when people consequences. While I and other Mem- sional office inquiring about sched- need help, they can get back up on bers of Congress continue our efforts to uling a case. One of the very reasons I their feet. repeal the President’s health care plan ran for Congress was because I felt Mr. Speaker, as I wind down, I just in its entirety, bills such as H.R. 1179 those with real health care experience want to point out that, with nearly 14 are necessary while the Affordable Care needed to contribute to the national million people unemployed today, they Act is still law to ensure that the Fed- discussion on health care reform. To- deserve an opportunity in an America eral Government does not mandate any night, along with other members of the that really works for them. They de- American citizen to defy their own re- Doctors Caucus, I’d like to dispel some serve leaders who care about their ligious principles. plight. They need leaders who care of the myths associated with the Presi- I certainly have many other issues about their plight and are willing to dent’s health care bill. with the President’s health care bill, stand up and push policy that will It’s time to set the record straight. It but I’d like to give some time to my make the American Dream attainable isn’t enough to just say this bill must other colleagues here tonight a chance for anybody who wants to work for it. be repealed, we must tell you why it to speak as well. I just want to say, as I close out, has to be repealed, explain to you the Mr. HARRIS. Will the gentleman America is a wonderful idea. And the really bad aspects of this bill. I’m yield for just a question? American Dream should be in the grasp proud to say that one of my first votes Mr. BENISHEK. I yield to the gen- of every American. And great Ameri- as a Member of Congress was to repeal tleman from Maryland. cans have overcome some of the bad it. Tonight, we’re going to go through Mr. HARRIS. You know, the gentle- things in the past as they reached out some of the provisions of the bill which man’s been talking about the Presi- to build the American Dream for all. make it so onerous. dent’s health care bill. I assume you And when I say liberty and justice While I disagree with the President’s don’t mean President Reagan’s health for all, Mr. Speaker, I mean it. And I health care bill for a number of rea- care bill, you don’t mean President just don’t mean social equality, I mean sons, I’m particularly appalled at the Bush’s health care bill. You’re talking economic opportunity too. And it’s recent regulation issued by the United about—because a lot of people at home going to have to start with asking ev- States Department of Health and might be a little confused, you’re talk- erybody to pay their fair share, recog- Human Services as a result of the bill, ing about ObamaCare, I take it? nizing that trickle down never worked requiring all employers, even if they Mr. BENISHEK. Right. and never will, and that we’ve got to have a religious or moral objection, to Mr. HARRIS. And when you talk invest in America, educate America, offer health insurance that includes about the conscience protection that

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.116 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H431 has been infringed in the last week, is American public, because I think election. We don’t know. But we know it correct that that is directly a result they’ve come to understand this bill. that America agrees, this was a bad of the ObamaCare legislation? It’s ObamaCare. idea at a bad time, and due to what Mr. BENISHEK. That’s correct. I’ll tell you what’s interesting. Most happened last week with the con- Mr. HARRIS. And in fact, as you well of the time, when someone here has a science protection that’s always been know, you’re a surgeon, I’m an anes- piece of legislation, signature legisla- present in Federal law being abridged thesiologist, as physicians, when we tion that passes, they’re thrilled if the by our Secretary of Health. were trained, the whole idea behind legislation is referred to by their name, Mr. BENISHEK. Thank you, Dr. HAR- that part of the law would treat preg- and there are plenty of examples. But RIS, for being here tonight. We cer- nancy as a disease. Because in my un- interestingly enough, as the doctor tainly appreciate your comments. derstanding, isn’t that correct, that may know, when we write a letter to Let me add, at a town hall in New part of the law dealt with preventing our constituents and refer to the Af- Hampshire in August of 2009, President disease? And in some strange way, fordable Care Act, we’ve actually been Obama stated: If you like your health shape, or form, what a lot of Americans told we can’t use the name that all care plan, you can keep your health think about as a thing of wonder, preg- Americans know this bill by. They call care plan. The President made this nancy—you know, the ability to bring it ObamaCare. For some reason, some- statement several times as he at- a new life into the world—for the first one’s sensitive. I guess the President’s tempted to gain support for his health time is treated as a disease to be pre- too sensitive. Why wouldn’t he want— care overhaul. vented using taxpayer dollars to the if he is so proud of this bill, why, every After the last Congress passed the Af- point where, and correct me if I’m time we refer to it by the name all fordable Care Act, the Obama adminis- wrong, the Secretary of Health—be- America knows it by and, I might add, tration began its job-killing regulatory cause that’s her title, the Secretary of dislikes it by, is ObamaCare. spree. Instead of allowing Americans to Health and Human Services—is treat- We know what the public polling keep their health care plans if they’re ing pregnancy as a disease. And not says. A majority of Americans know it happy, this new law could cause as only saying that, but that it’s so im- was a mistake. Interestingly enough, a many as 87 million Americans, nearly a third of the population, to lose their portant to prevent this disease that third of Americans don’t realize it’s coverage. every American employer should be still the law of the land. But they did As a physician, I understand the im- get a rude awakening last week when, forced to pay every penny of the pre- portance of consumer choice when it if you happened to be a member of a re- vention. Is that what I understand the comes to health care. Personally, I ligion that doesn’t believe that preg- Secretary’s decision to mean? don’t think government should be in nancy ought to be treated as a disease, Mr. BENISHEK. That’s correct, as I the business of mandating the purchase that doesn’t believe that you ought to understand it. of health care insurance at all. Why in be forced to fund sterilizations with no Mr. HARRIS. Well, Mr. Speaker, as the world would you pass a bill that the doctor has said, this is a very copay or deductible as part of your in- mandates the purchase of health care strange path to go down, from a bill surance policy you provide to your em- insurance and then potentially kicks 28 that was brought to the American pub- ployees, that that comes under the percent of the population off their lic as a bill that will help the unin- ObamaCare legislation that is still in plans? sured get insurance has now gone to effect. I can tell you from experience, this the point of not dealing about whether Mr. Speaker, you know that if you has nothing do with affordable care. someone has insurance, but whether travel through your district and you Again, this is just not another reason every employee should pay what we talk to the small business men and to replace President Obama’s Afford- call first dollar coverage—that is, no women in your district, you know how able Care Act with real health care re- copay, no deductible—free treatment afraid they are of this bill being fully form. to treat what the Secretary of Health implemented. They understand that it I look forward to replacing this plan now I guess considers a disease, preg- will break the bank in their business, with a bill that expands health care nancy. Now, if that’s true, you know, it’ll break the bank in their State, and choice, like H.R. 3000, a measure intro- I’ve got five children, I guess my wife it’ll break our bank here in Wash- duced by my colleague, Dr. PRICE, that was struck with that disease five ington. I cosponsored. This bill expands health times. We have a $15 trillion debt, and ev- care access and availability, making But I will tell you, as a physician eryone knows, when you add 14 million provisions for selling insurance across who’s treated patients, Mr. Speaker, as new people to a government entitle- State lines and addressing medical li- the other gentleman from Michigan ment, as this bill did, all that you’re ability reform. This is a real step for- has, with diseases, to put pregnancy in going to do is make that situation ward in health care reform, unlike the the same category as breast cancer, as worse. And our small business men and previous Congress’s attempt. colon cancer, as prostate cancer, as women realize this. They know that With that, I’d like to introduce Dr. leukemia, as other diseases that have cost is going to be born to them. GINGREY of Georgia for his comments. screens that can be done, where, yes, We know what the unemployment Mr. GINGREY of Georgia. Mr. Speak- maybe to prevent those life-threat- rate is. It’s not under 8 percent like the er, I thank the gentleman from Michi- ening diseases—because, doctor, if you President had promised when that gan’s First Congressional District for can correct me, I don’t think it says stimulus bill was passed in this very yielding the time, and I thank him for that this is only for life-threatening Chamber 2 years ago, I will say, when putting together this Special Order pregnancies. I think this dictate from the other side was in charge. The un- hour. And, indeed, I thank our leader- the Secretary of Health and Human employment rate’s over 8 percent. The ship for making this the designated Services of the United States is to pre- Congressional Budget Office, just this leadership hour for the Republican vent and treat, in whatever fashion week, projected it will be 9 percent by Conference this evening and all of my someone decides to treat this disease— the end of the year. colleagues that are participating. it doesn’t have to be life-threatening; Times are tough. Gasoline is $3.60 a The gentleman spoke about some of it’s not a cancer, it’s a pregnancy. gallon. And what is the President’s ad- the things in ObamaCare. As the gen- ministration doing? Going full steam tleman from the eastern shore said, the b 1920 ahead on implementing a bill, name of the bill that the patients know To place that in the same category ObamaCare, that Americans don’t want it for—or dislike it for, I think is the and to use our precious health care re- and can’t afford. way he put it. And certainly 60 percent sources to treat disease and a preg- So I’m going to thank the gentleman or more still, 2 years after its passage— nancy is a very different objective than from Michigan for yielding the time to I guess when former Speaker PELOSI to pass a bill to provide basic impor- me and thank the gentleman for bring- said they’ll have to find out what’s in tant health insurance. And I think the ing this up to the American people it and I think they’ll like it, well, they gentleman, as I say, you’re being very once again, to remind them ObamaCare found out what’s in it and they don’t generous and perhaps confusing to the is with us. It may not be after the next like it.

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.118 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H432 CONGRESSIONAL RECORD — HOUSE February 2, 2012 And one thing that was in it, still in of the aisle yesterday said you mean from Georgia’s comments, Dr. it, unfortunately, that nobody really you’re going to deny coverage to people GINGREY. Excellent. likes, yet our Democratic colleagues with Alzheimer’s and with metastatic The minority leader, then-Speaker fought tooth and nail yesterday on the cancer and with type 2 diabetes and NANCY PELOSI, once promised that the House floor to keep the CLASS Act in renal failure, and all this stuff? These President’s Affordable Care Act would this ObamaCare, Affordable Care Act. are the things that the Secretary want- create as many as 4 million jobs. De- We call it the ‘‘unaffordable care act.’’ ed to say, We are going to have to not spite these promises, over 13 million And the CLASS Act was a provision allow them to participate with these Americans have been unemployed for that was inserted, Mr. Speaker, on the preexisting conditions; not us, not our the last 31 months. Instead of creating Senate side in the latter stages just be- side of the aisle. jobs, the President’s health care plan is fore, in fact, they voted on the Senate In fact, let me make this point before working against America’s economic side to approve the bill. I yield back to Dr. BENISHEK so he can heartbeat—small business. According In the CLASS Act is this so-called yield to others that are here on the to a study by the National Federation long-term care provision that former floor. of Independent Business, new taxes cre- Senator, God rest his soul, Senator The only thing that they could come ated by the employer mandate provi- Kennedy had worked on for years, and up with, Secretary Sebelius, that sion in President Obama’s health care this was something that his staff want- would make this program work was the bill may eliminate as many as 1.6 mil- ed to have in the bill as a legacy to his ninth thing, and that was to make it lion additional jobs by 2014. memory. I understand that. But not mandatory, say everybody has to sign During his State of the Union address only was it half-baked, I think it was up for long-term care insurance wheth- last week, President Obama stated: about quarter-baked, and it was a bill, er they want to or not. Companies that choose to stay in America a section of the bill, 2,700 pages, so it I think they already know they have get hit with one of the highest tax rates in was just one section, but one of the a little bit of a problem in regard to the world. It makes no sense, and everybody most egregious provisions in regard to mandating health care in regard to the knows it. So let’s change it. what it’s going to cost our poor, bur- case that is before the Supreme Court I couldn’t agree more with the Presi- dened American taxpayer, this CLASS now. They will have 51⁄2 hours of testi- dent on that statement. Act, in regard to long-term care provi- mony in March and a decision probably One easy place to start would be the sions. in June. I don’t think they wanted to passage of H.R. 1370, a measure intro- And thank goodness for our former go down that road again, and so she duced by my colleague, Dr. BOUSTANY. Senator, Judd Gregg, who was chair- threw up her hands and said, We are This measure repeals the annual fee, man of the Budget Committee on the not going forward with it. meaning a tax, that the President’s Senate side, is now retired. But he was We voted on the House floor yester- health care plan places on health care on the Health Committee in the Senate day to strike that bill from the law, re- insurance providers. Instead of raising and proffered an amendment that said move it from the books because, if we taxes by $500 billion on the American you couldn’t go forward. The Secretary don’t, here is the problem with the taxpayers to pay for the Affordable would not be allowed to go forward CLASS Act still being kind of inactive, Care Act, President Obama should fol- with this CLASS Act provision on sitting there in the statute, in law, low his own advice and encourage the long-term care unless she could certify even though the Democrats say you Senate to repeal his health care plan. that it was fiscally solvent in the out- don’t need to remove it because the With that, I would like to introduce years. Secretary says she is not going to go my colleague from Louisiana, the And another Member, the current—in forward. former Louisiana doctor of the year, fact, the current Budget Committee But the law says very specifically Dr. FLEMING. chair on the Senate side, Democrat that she will have a program for people Mr. FLEMING. I thank the gen- KENT CONRAD, said in 2009 that it was a to participate in by October 1, 2012. tleman, Dr. BENISHEK. That was an un- Ponzi scheme of the highest order. In That is less than 9 months from now, if expected recognition there. I thank fact, he even said it would have made my math is correct. Someone could you, sir, for that. Bernie Madoff proud. I couldn’t have simply say, You didn’t provide this and I’m just going to give a brief top- said it any better than that, because the law requires it, and therefore I’m level overview of where we started with what it called for, or what it calls for going to bring suit against the Federal health care in this Nation and why we is something that absolutely is a Ponzi Government. This could go on and on are here today. scheme. It requires people that sign up and on. I have to take you back to post- for this CLASS Act, long-term care in- Then the people who are trying to de- World War II, where we began to have surance, to pay premiums for 6 years velop a long-term care insurance policy the indication of a crisis protection before they would be eligible to have a so that folks could afford it and it form of insurance; that is, insurance benefit if they were disabled and they would work, they are not going to work that is there just to keep the family needed care with daily living activities on that until they know that the Fed- from going bankrupt over medical in their home. eral Government is not continuing to bills. That seemed to be well received. mess with the system and cause more Over time, it became obvious that b 1930 and more delay. I wanted to mention there were other people, the people who So it looked like this part of the bill that because I thought it was very im- were poor, people who were elderly, was going to generate $80 billion in portant. who could not get coverage in the nor- cost savings, and boy did they ever The vote yesterday to repeal had 26 mal marketplace of insurance. As a re- proffer that point. Eighteen months of our colleagues on the Democratic sult, Congress in the mid-1960s, created later, the secretary of Health and side of the aisle. That is pretty darn Medicaid, health care coverage for the Human Services finally says we can’t good in this body in regard to biparti- poor, and Medicare, health care cov- make this work, we have looked, sanship. erage for those who are 65 and over. turned it upside down, inside out, back- We hope and pray, as this bill goes That was all well and good; however, wards, eight ways to Sunday. over to the other body and gets to the this was the first real foray of the gov- In fact, they had a flowchart that had desk of the majority leader, Senator ernment managing health care, that is, an algorithm of how they could pos- REID, that it won’t just stack up like the financing of health care. The prom- sibly make this program work. It in- one more piece of cordwood as did the ises were great to the doctors to get cluded things like saying that people 30 bills that we’ve passed in the first them to go along with it. The promises with preexisting conditions had to wait session of the 112th Congress. Hope were great to the patients. It has 15 years before they were eligible for a springs eternal. I think we did a good rocked along for a while pretty well. benefit, that these preexisting exclu- piece of work yesterday. I am proud to People who receive Medicare benefits sions would go away. Then they said, be here with my colleagues. enjoy them. The problem is that we no, maybe we ought to eliminate any- Mr. BENISHEK. Thank you very know in government that the cost has body. Our colleagues on the other side much. I really appreciate my colleague risen and risen and risen, and now what

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.119 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H433 we have is a situation where Americans other big piece toward funding it is by Mr. BENISHEK. I appreciate that, who are on Medicare enjoy very good taking out a half a trillion dollars from Dr. FLEMING. Thank you for your com- health care benefits, but the explosion Medicare, which only makes Medicare ments. in cost and the pressure it is putting on go out of business even faster. Right I just thought I’d make a few com- the rest of the health care system is now, we’re looking at about 10 years ments of my own about your discussion becoming unsustainable. In fact, if left for that to happen; and our friends on of the IPAB board and make sure that alone, Medicare will totally displace the other side of the aisle, the Demo- the American people know what this is. all discretionary spending in the gov- crats, have no solution for that whatso- The Independent Payment Advisory ernment today; therefore, something ever. Board is a board of bureaucrats ap- has to be done about it. So I would say, Mr. Speaker, that we pointed by the President, without ap- We got about halfway through gov- have gone from the frying pan into the peal, that will determine whether or ernment-run health care, and our fire when it comes to health care by not procedures, if they are overpriced, friends on the other side of the aisle way of government. There are those will be available to the American peo- have had this vision for many years of who say, Well then, what is your solu- ple. having government totally control tion? Mr. Speaker, our solution is very I’ve talked to patients in many dif- health care for everyone. They at- simple. Our solution is: Let’s re-invoke ficult situations, where I have had a tempted to do that with the passage of the marketplace, the forces of the mar- very sick patient and have taken care ObamaCare, which took us, I would ket—economic freedom and patient of the patient myself and the patient’s say, to about 95 percent complete gov- choice—back into the system, and let’s family, where difficult decisions are ernment control of health care. get government out. being made affecting the life or death What was the promise? The promise Government has a role. Govern- of the patient. These decisions are not was that your insurance rates would go ment’s role is to protect its citizens easy to make. You have to discuss the down, your coverage would go up, that and to ensure there is an even playing alternatives with the patient and with your choices would go up, and things field. Yet we know that no way will the patient’s family; and usually, would be fine and dandy. costs go down in any open economy, in through the coordination of what the What have we found thus far? And it any free economy, unless there is ro- patient wants, with what the physician hasn’t even been nearly fully imple- bust competition. But we do not have recommends and in discussion with the mented. That is that the cost of insur- that today, not among insurance com- family, we come to a decision. ance premiums have gone up. panies, not among large, vertically in- The Independent Payment Advisory We now have a board called IPAB, tegrated governmental systems. It’s Board may decide completely dif- which is 15 bureaucrats who will be ap- not there—it never will be—and we will ferently from what we decide. Cer- pointed by the President, not nec- continue to have waste. No matter tainly, some patients deserve different essarily health care workers. Every- what any politician says that he’s types of care: palliative care rather thing that may affect you in your life going to do to get rid of fraud, waste, than aggressive care, comfort care and abuse in the system, he is incapa- with regard to health care may well measures versus complete major sur- ble of doing that. Only a free market rest in the hands of this 15, even usurp- gery. These are decisions that have to can do that. ing Congress itself when it comes to de- be made personally—on an individual I will refer you back to PAUL RYAN’s basis—based on sound medicine, what cisions such as what doctors you can budget, which actually gives Medicare the family needs, what the patient see, what it will cost you, and cer- recipients a free market choice, which wants, and not with an unappealable tainly what the health care system is the same kind of choice that we in bureaucratic decision made in Wash- itself will be paid. Congress have today. That is: We can ington by someone who may or may What I would submit to you tonight go to a Web site or we can go to a book, not know the patient and who cer- is that any time government runs a and we can choose from one of hun- tainly may not be educated in medi- system of economy—which certainly it dreds of excellent health care systems cine or compassion. From my eyes, it’s has done in education, and we see the out there by which we can be covered. failures in secondary and primary edu- Why can’t Medicare recipients and really a scary thought for the Amer- cation there, and now in health care— why can’t Medicaid recipients have ex- ican people, and I just wanted to put that costs skyrocket. They become actly the same thing? Why can’t we my perspective on your comments very inefficient and they become tear down the State walls that exist there. unsustainable. that make, in most cases, one insur- Now we have my colleague here with Remember that when it comes to ance company totally control the mar- us this evening, the gentlewoman from Medicare that, for every $1 that a re- ket in an entire State? Why can’t we New York (Ms. BUERKLE), as a member cipient puts into the system in the way do this? of the Doctors Caucus. Ms. BUERKLE is of premiums, they get $3 in benefits. The answer is: This body right here actually a nurse, yet we have health professionals of all varieties here to- b 1940 has not allowed that to happen. Mr. Speaker, that is what I submit to night, so I yield to the gentlewoman. That means that even the very you this evening: Should we repeal Ms. BUERKLE. I thank my colleague wealthy—even the Warren Buffetts of ObamaCare? and friend from Michigan for yielding the world—actually get subsidized I am convinced now that we will; to me, and thank you so much for hav- health care. We just simply can’t afford that perhaps it will be H.R. 1 in 2013, ing this evening’s Special Order regard- it. We’d love for our recipients—our the full repeal of ObamaCare; that we ing health care. voters—to get this, but we can’t afford will quickly replace it with piecemeal I think it is so important, Mr. Speak- it. So now what do we have? We have pieces of legislation that do many er, that the American people hear from ObamaCare, which is a fixed top of things, including reforming liability health care professionals. There is such Medicare and Medicaid, and we have insurance, re-invoking the free mar- distrust of politicians in Washington, nearly a 100 percent government-run ketplace, patient choice; and that we so for the American people to have the system. will get on with making this a much opportunity to hear from those who You just heard my colleague from more efficient system, one that is have invested their lives in health care Georgia talk about the fact that one of much more user friendly and one that and who really do care deeply about the ways to fund it is by this CLASS we can all be proud of. our health care system, I think it’s so Act, which is long-term health care. I thank the gentleman, and I thank very important that we have this hour It’s unsustainable. It will collapse. Ac- my fellow physicians in the GOP Doc- and this time together. tuaries tell us it’s not going to work, tors Caucus. It is always an honor to Mr. Speaker, I ran for Congress be- so we’re in the process of repealing it. serve with these ladies and gentlemen. cause I was so concerned with regard to We know that there is an amazing It’s not only physicians, but nurses and the health care law. I thought that it number of taxes that go with this—a other types of health care workers. was substantively flawed. I thought tax on the sale of your home as an in- There are truly great things that are that it was procedurally flawed. It was vestment—and many other pieces. An- happening in this body. passed in secrecy at all hours of the

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.120 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H434 CONGRESSIONAL RECORD — HOUSE February 2, 2012 night, and I thought that constitu- ance—who are uninsured—or who I come from rural Arizona and more tionally it was flawed in that our gov- maybe get Medicare or Medicaid. So important aspects of hospital care is ernment doesn’t have the right to man- hospitals get what’s called a ‘‘dis- our rural hospitals and the solvency date our buying anything, let alone proportionate share.’’ that we’re seeing with them. They’ve health care. So I ran on that. Now that b 1950 taken an undue burden because we de- time has unfolded—and we’ve been here stroyed the patient-doctor relation- a year now—what has come to light is Mr. Speaker, the health care law ship, the integral aspects of all the doc- eliminates the disproportionate share. how very flawed this health care law is. tors with specialties and with the hos- It’s a problem for hospitals, and I’ve I speak to so many parts of it that are pital. heard from my hospitals and I’ve had flawed, but I just want to focus on a Many of the hospitals that I’ve been the privilege of representing my hos- couple of specific areas. working with are finding that it’s pital for 13 years as a lawyer. I don’t I am the daughter of a 90-year-old going to be insolvent very, very quick- say that as much as I say that I’m a woman. My mother is alive and well ly; and, therefore, our safety net is nurse. and lives in a small town in Auburn. I going to be gone. The cuts to Medicare to our hospitals We need to look no further to see know how much she cares about her will really force them into a very bad Medicare coverage, and I know how im- government-run health care, particu- situation. And I want to talk just brief- larly the longest-standing health care, portant that is to her and for her. Then ly, and then I want to yield to my col- last April, when the Republicans put and that’s Native American health leagues, how important our hospitals care. We see how detrimental it actu- out a budget proposal, Mr. Speaker, we are to our districts. In my district were demagogued; we were demagogued ally is. We have actually seen a group alone it employs 18,000 people. So when of people that are so despondent about that we wanted to cut Medicare for we’ve enacted a law, this health care seniors. the way government has taken care of law in this country, it’s going to im- their health care that they’ve invoked I am here tonight to reassure the pact our hospitals and how viable they a clause called the self-determination American people, particularly our sen- are. act, in which they are taking back iors, that this group—all the members You can see the payroll and pur- of our caucus—and our conference un- chases from the hospitals. Just in my their health care needs within their derstand and appreciate how important district, Mr. Speaker, over $2.5 billion; communities, patient based, commu- Medicare is to our seniors. We under- and State and local tax and revenues, nity based, preventive based. These are some of the things that we stand that. This budget proposal that 105 million. So this health care law— as health care professionals really sup- was proposed last April and passed in and my hospitals have said to me, it’s port and really tried to build upon. We the House is merely a proposal, a sug- going to hurt us. One has said it will can look no further than our Native gestion as to how we’re going to save put us into bankruptcy because we American friends to see how we can ac- Medicare for those who are 54 years can’t afford to do business because of tually start that capacity of rebuild- and younger. So I want to assure sen- the health care law. So a bill that was supposed to—a law ing. iors that any changes we talk about Second of all, we’ve talked about it with regard to Medicare have to do that was supposed to increase access, decrease the cost of health care—as briefly, and that is the modality of in- with only those who are 54 and young- creased competition. This is a place er. That’s very important to empha- this bill and this law unfolds, we’re see- ing more and more that it’s bad. It’s that the Federal Government can actu- size. ally help us and intercede. We all, as What I do want to talk about briefly bad for seniors, it’s bad for hospitals, professionals, can work as collusive is that this health care law, which is it’s bad for our physicians. It’s bad be- cause it’s the government telling the bodies, in unison, price fixing. But in- the law of the land and which will go surance companies certainly do that, into effect in 2014, does cut Medicare. American people what they have to do. I’m so proud to stand here with my and this is where we can actual level I’ve heard from many of the seniors in the playing field by our Federalist pa- the country, and I’ve heard from the colleagues who have voted to repeal this health care law, and we want to pers to allow open competition and hospitals in my district, and I’ve heard vertical competition against each from the physicians in my district. make sure that the American people understand. We do realize we need other across State lines. This health care law cuts Medicare by This gives us the opportunity to have $500 billion. Every senior is going to health care reform, but it needs to be market based, as my colleague men- many more opportunities for the mar- feel the impact of this health care law. ketplace. That gives us the oppor- So I want to be here tonight with my tioned, and it needs to be care that doesn’t hurt our seniors, doesn’t hurt tunity, consumer based, so that my colleagues and with members of the needs may be different. For example, health care profession to assure our our hospitals, doesn’t hurt our physi- cians and really does increase access to I’m allergic to wheat. I need to take seniors that we are here to protect you. care of myself. I need to be able to have We want to keep Medicare intact, and health care. Mr. BENISHEK. Thank you very an opportunity if I want wellness we want to alert you that the law that much. I appreciate the gentlewoman’s checks, if I want to see. I have different was passed is flawed on so many levels. remarks, and thank you for taking the riders for lymphomas, all those dif- We voted to repeal it, but it’s flawed time to come up this evening. ferent things I need to have the oppor- primarily. We’re nearing the end of our hour tunity for. And that gives me the play- One of the biggest reasons is that it here, and I’d like to give the other ing field on which I can play, particu- cuts Medicare, which will impact our Members that are here an opportunity larly when there’s more options out seniors and the care they receive. to speak. there. We’re competing against each We’ve heard about the IPAB, and I yield to my friend from Arizona other and State lines. you’ve heard about the CLASS Act; but (Mr. GOSAR), who is a member of the Like my good friend from Louisiana this cut to seniors is something every dental profession. I’m looking forward talked about, State laws that almost senior should be concerned about, and to your comments. give a monopoly to certain insurers they should be clamoring for the repeal Mr. GOSAR. Thank you, Dr. within a State. This is the opportunity of the law of this land because it will BENISHEK. Thank you for having this to open those doors and start to bypass affect their care and their coverage. opportunity through these Special Or- the ERISA laws, opening up the com- I’ve heard from so many hospitals in ders. petition model so that we all have an my district, and I have a list here. I I’ve got a unique perspective of look- opportunity. You know, there was a have five hospitals in my district. All ing at health care through a dentist’s conversation that was taking place, of the Members have hospitals in their eyes, something that has stayed mar- but we’ve lost it. Instead of a single- districts. There are cuts to our hos- ket based and stayed very inflationary payer, how about a single-pool? pitals because of this health care law. neutral. Here’s our opportunity to make sure Hospitals receive what’s called a ‘‘dis- But before I do that, what I wanted that we’ve got great competition with- proportionate share’’ for services they to do is touch on my colleague, Ms. in the marketplace. Dentist, no, be- give to folks who don’t have insur- BUERKLE, in regards to hospitals. cause we compete that way. You know,

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.121 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H435 once upon a time insurance wanted to made in an office in Washington by colleagues who complain to me about take over dentistry. There is an insurer somebody who’s got to find a way to their patients. I think it’s folly to be called Delta Dental, and it was den- pay for that ObamaCare bill? able to regulate health care from tistry that was actually building insur- Because, Mr. Speaker, that’s the above. ers basically for the patients. whole purpose of that Independent Health care needs reform. We have That’s how we became the market- Payment Advisory Board. They’ve got the best health care in the world. The place, opportunity. This gave us the to find $500 billion to take out of that problem is it costs a lot of money. It opportunity that everybody got to Medicare program. Who among us costs a lot of money because there’s choose and pick, and those are the doesn’t believe that when that bureau- not enough market forces, as my friend things we have to look at. crat sits down, they’re not going to be from Louisiana mentioned. You know, Last but not least, all parts of this, thinking about what’s best for your once somebody pays their copay, they this government-run health care, we loved one? don’t care what anything costs. I paid need to really point at a vibrant econ- They’re not going to be thinking my copay, I don’t care what it costs. omy. No closer do we have to look at about what that physician or that It’s all good. We need to have health this discussion than the withholding health care provider’s decision is about insurance be more like car insurance. tax. Part of this money goes into the what the best care is. They’re going to You can buy car insurance from mul- Social Security fund but also into be thinking how they’re going to make tiple different companies, thousands of Medicare. When we don’t have a vi- that budget work. different companies. In Michigan, you brant economy, we don’t have the To the gentleman from Michigan, I can buy your car insurance from a money going into our health care port- will tell you, I think that’s the way company in Florida or Tennessee be- folio. America thinks that decision is going cause there’s a lot of open competition. This is why it’s all integrated. This to be made. They’re going to believe And your car insurance doesn’t pay for isn’t one separate entity. It’s all inte- that when government runs health an oil change. It doesn’t pay for new grated into a Nation that has a vibrant care, it’s going to be run just like gov- tires. It doesn’t pay for the routine ex- economy; and that’s where we have to ernment runs a whole lot of other penses. If your car insurance paid for poignantly look, establish a new play- things it runs. your oil change and your new tires, it ing field, open up the rules, even get Ask a senior in your district, doctor would be really expensive, just like our tort reform. from Louisiana, the doctor from Michi- health insurance is today. And we can learn from our States. gan, the doctor from Arizona, the doc- We need to have people understand This is one where one size doesn’t fit tor from Georgia, ask the next Medi- that health care isn’t free once they all, but we can work with a value: what care patient you take care of how long pay their deductible. I think the health savings account concept where people happens in Texas, what would happen they have to wait on the phone when have to save money tax free in their in California. How about mediation they call Medicare. that all medical malpractice cases health savings account, use that b 2000 have to go to mediation before they money for their routine medical care can go to court. To the gentlelady from New York, and have health insurance be what it Isn’t that magical? That’s exactly my mother is 88, God bless her. And I should be, not complete coverage of ev- what happens in Oregon. These are op- have to tell you, she has made the mis- erything medicine but insurance for portunities to take the brightest pieces take a couple of times of calling Medi- catastrophic disease, for items that across this country and putting them care on the phone. My poor 88-year-old you choose to insure for, not to insure together and working it on the basis mother spent 90 minutes one time on for things that the government makes for patient preference, allowing them the phone to get an answer. That’s the you insure for, like, you know, abor- tions which you may not want, or preg- to pick. There’s nothing more dear to kind of care we’re going to get from nancy, which you may not—you know, somebody than their health care. the Affordable Care Act. It’s not afford- I’d like to thank my good friend, Mr. able care. It’s not accessible care. It’s if you’ve had a hysterectomy, why should you be paying insurance for a BENISHEK, for putting this together. not good care. Mr. HARRIS. Will the gentleman I want to thank the gentleman from pregnancy? There should be choice in yield? Michigan for yielding and giving us the health insurance, to allow people to Mr. BENISHEK. I yield to the gen- opportunity to remind the American have a Cadillac plan if they want, if tleman from Maryland. public, we repealed ObamaCare in this they can afford it, or a Chevrolet plan. Mr. HARRIS. Gentlemen, I appre- Chamber. That repeal bill is sitting Or a young person may have simply a ciate the very passionate discussion over in the Senate. catastrophic plan if they feel they will that you had about the way physicians Mr. BENISHEK. I thank my col- not have significant health issues. That type of marketplace and that interact with patients, and patients league from Maryland, and I appreciate type of philosophy is what we need in kind of expect that their care is going your bringing up those great points. the health insurance business in my to be a personal decision between their The President’s health care act was view. health care provider and themselves to allow people to get more access to I want to ask my colleague from Lou- and their family. medicine. And as we’ve seen from mul- isiana if that view of medicine, a mar- My understanding, and the gen- tiple discussions here this evening, ket-based insurance and then competi- tleman from Louisiana mentioned this, with the closure of many small hos- tion between physicians as well, is Independent Payment Advisory Board, pitals throughout America due to the your view? are 15 bureaucrats appointed by the decreased payments under the Presi- Mr. FLEMING. I thank the gen- President. Do either of the gentlemen dent’s health care bill, many small hos- tleman. I will just briefly respond to know, correct me if I’m wrong, they pitals are facing closure. that. are by law—cannot be a practicing phy- I know, like the gentlelady from New The point I would like to make on sician. York mentioned, I have many small that very question is that coverage is You might want to check one of hospitals that are on the razor’s edge not the same thing as access. There are those 2,700 pages because I believe that of being in the black or in the red. Re- countries around the world that have the act by law says they cannot be a cently, a small hospital in my district 100 percent coverage, yet they have no practicing physician. was just on the verge of bankruptcy. access to care. And I’m not just talking Now, the gentleman from Michigan How is closing five hospitals in the 200- about communist or socialist coun- pointed out something that every sen- mile area increasing access to care? It tries. Look at Canada today. It takes a ior in America ought to really care isn’t. It’s making access to care more year to get a CT scan; but yet about, or those who take care of sen- difficult, more impersonal. everybody’s covered. So that’s the fine iors or whose parent or grandparents Physicians, like ourselves, we’re con- point that we need to understand and are seniors. When your loved one is ill, cerned about what’s going to happen take away. do you really want the decision about here because I’m concerned about my I will also add in response to the gen- whether they can receive care being patients. And I’m concerned about my tleman just a moment ago talking

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.122 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H436 CONGRESSIONAL RECORD — HOUSE February 2, 2012 about the Independent Payment Advi- supported that. And yet our Demo- forced by their government to commit sory Board is that it will have more cratic colleagues on the other side of those acts of wrong. power than Congress itself. It will take the aisle, many of them symbolically We know that the President of Notre a two-thirds vote from both bodies to came to the well and tore up their Dame University, back in 2009, endured overturn their decisions, and I don’t membership card of the AARP. So a great deal of heat when he brought a think that Americans are ready to put we’re going to work with them. I think man who had fought so hard in Illinois all of that power in the hands of 15 bu- it’s very important. to allow late-term abortions, a man reaucrats who may or may not be phy- Mr. BENISHEK. I thank the gen- who had fought to prevent people of sicians. tleman from Georgia and the gentle- conscience from being allowed to be Mr. BENISHEK. Thank you. Let me men from Louisiana and Arizona, the counseled on exactly what they would ask my colleague from Georgia if he gentlewoman from New York, and my be doing. There were all kinds of ef- has any other comments he’d like to colleague from Maryland as well for forts in Illinois to deal with the issue make? appearing with me tonight. We’ve been of abortion. And he’s now President. So Mr. GINGREY of Georgia. Well, I trying to explain to the Speaker and there were some that believed that thank the gentleman from Michigan. the American people some of the issues bringing that individual to a Catholic Mr. Speaker, I would like to com- that we have with the President’s university like Notre Dame and giving ment before we close tonight. The health care bill that do not solve our an honorary degree and bestowing this members of the House GOP Doctors problem with health care and why we honor upon him was not a good idea. Caucus, along with the health care pro- want to repeal it. Yet the President took a great deal of viders that caucus on the Senate side, chance. 2010 in the other body, have just recently b Sarah Palin points this out in an op- sent a letter to the American Associa- I encourage you all to look further ed, little piece that she wrote Tuesday, tion of Retired Persons, AARP, the ex- into this issue and become educated so when she said: ecutive director Mr. Barry Rand, ask- that you can inform yourself and your Consider Catholicism’s most prominent ing them and the 35 million seniors friends how serious this problem is. academic leader, the Reverend John Jenkins, that they represent in their advocacy, With that, I yield back the remainder president of Notre Dame. Jenkins took a se- and of course the definition of a senior of my time. rious risk in sponsoring Obama’s 2009 hon- orary degree and commencement address— for them is anybody who has reached f the age of 50, so certainly they can which promised a ‘‘sensible’’ approach to the ASSAULT ON RELIGIOUS FREEDOM conscience clause. Jenkins now complains, reach a whole lot more seniors, and I’m ‘‘This is not the kind of ‘sensible’ approach sure membership is important to them, The SPEAKER pro tempore. Under the President had in mind when he spoke so we have sent a letter to them reach- the Speaker’s announced policy of Jan- here.’’ ing out to the organization and asking uary 5, 2011, the gentleman from Texas As Sarah Palin notes, ‘‘Obama has AARP to meet with the Doctor’s Cau- (Mr. GOHMERT) is recognized for 30 min- made Jenkins—and other progressive cuses in the respective bodies in a very utes. Catholic allies—look easily duped,’’ be- bipartisan way to try to save Medicare. Mr. GOHMERT. Mr. Speaker, it’s cause this administration appears to There are things that that organiza- wonderful to hear so many of not just want to wage war on Catholic Chris- tion, which I respect, indeed, I’ve been colleagues but friends here on the floor tian belief. a member of, that we agree with, and discussing what is so important to this It’s amazing that someone would there are things that we don’t agree on. Nation—responsibility. And if you take those kinds of positions that the Now, AARP was opposed to what we want to talk fiscal responsibility, it administration currently is, basically a had in the Republican budget last year, would certainly seem that the first war on religious freedom for Chris- the so-called Paul Ryan budget in re- place to start is with the repeal of tians. gard to how to strengthen, protect, ObamaCare. If you want to talk about There is an editorial posted by Mike preserve, the Medicare program, not freedom individually, once again, the Brownfield today, entitled, ‘‘Morning just for our current seniors and recipi- best place to start is with repeal of Bell: ObamaCare’s Latest Victim is Re- ents of that program, but for our chil- ObamaCare. ligious Freedom.’’ It says: dren and grandchildren and great- There are so many ways the Federal It has not even been 2 years since grandchildren, indeed. So we want to Government has been encroaching into ObamaCare was enacted, and already the ask them to sit down with us and say individual liberties and individual free- President’s health care law has taken an- what they do like. We know what they doms. It begins to get quite scary that other victim—the religious freedoms Ameri- don’t like. I guess they didn’t like the we are encroaching on the very things cans hold dear, as reflected by the First mandate of premium support in our that our original Founders were willing Amendment. to fight and die for to ensure that we The Obama administration recently re- budget last year. But Chairman RYAN affirmed a rule under ObamaCare that re- this year is working very closely in a had the freedoms to do, that we would quires many religious employers to provide bipartisan way with Senator WYDEN, have the freedoms to avoid doing dam- health care coverage for all FDA-approved the gentleman from Oregon, in regard age to our conscience. contraceptive methods, sterilization proce- to this same idea of premium support. It’s so ironic that so many came to dures, and related education and counseling. But instead of mandating it—and of this Nation in its earliest days, and On the grounds that certain FDA-approved course it was only mandated for those then through its history, seeking relief contraceptive methods can sometimes younger than age 55; everyone else was from persecution as Christians. So ‘‘cause the demise of embryos both after and many groups came here believing that before uterine implantation,’’ many groups held harmless—now the idea is to say, also believe that the rule forces them to Look, let’s let everyone choose and de- this could be a place, a promised land cover abortion. of sorts, where freedom could be expe- cide. It’s their option. Do they want to As the article points out, it’s not just rienced greater than anywhere else in stay on Medicare as we know it, the Catholics affected by the rule. Leaders the world. And that dream has been re- legacy program, or would they prefer from other faith traditions have ex- alized. to go to the doctor and the hospital of pressed their concern. This is deeply For far too long in our Nation’s his- their choice with their own premium troubling. support? tory, it was not extended to all men Another article here from The Wash- So I just wanted to mention that, and and women. Race and gender were ington Post, entitled, ‘‘Obama Plays I’m looking forward to having a dia- problems. There were problems for His Catholic Allies for Fools,’’ by Mi- logue with the AARP and the 35 mil- some because there was racial and gen- chael Gerson, published January 30. He lion seniors that they represent. der bias. But no one in those days ever says: Back in 2003, my colleagues weren’t anticipated we would get to the point In politics, the timing is often the mes- here then, but I was, and I had an op- in America where we are today, where sage. On January 20—3 days before the an- portunity to vote in favor, as a physi- people of faith who believe with all nual March for Life—the Obama administra- cian Member, of the Medicare part D, their heart that certain practices are tion announced its final decision that Catho- the Prescription Drug Act, and AARP just wrong in God’s eyes would be lic universities, hospitals, and charities will

VerDate Mar 15 2010 05:22 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.124 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H437 be compelled to pay for health insurance Federal Government that can tell you Fortunately, it was struck down, but that covers sterilization, contraceptives, and to buy one product can tell you to buy they’re still saying it. And not enough abortifacients. any others if it has that much power. A people are speaking out because it’s It was bad enough that ObamaCare Federal Government that tells Chris- some other judge. Maybe an appellate was going to take away individual free- tians they cannot actually practice court will strike it down. I hope so. doms regarding health care. We can their religious beliefs can tell other re- Now we’re being told by some if you take care of those who cannot take ligions the same thing. want to hire someone, unless you’re care of themselves. But we should not We’ve just about come 360. This gift hiring a minister, you can’t hire some- do, as a government, what has been we’ve been given, we’ve been blessed one with the same religious spiritual done for far too long—provide incen- with more freedoms in this country faith that you have. Not enough people tives for people not to reach their po- than any country in the history of the speaking out because they think surely tential, provide incentives for people, world. It doesn’t take all that much that won’t apply to me, at least not for in effect, to take the life of an unborn, study of world history to see that. It a while. We’re being told if you know to make it easier to do that. doesn’t take all that much traveling in your heart that killing the most in- As so many have pointed out, if a around the world to see that. As I’ve nocent among us, the infant unborn, if government can order any individual, traveled the world, going back to my you believe that’s killing, it’s murder, all individuals in the country, to pur- days as an exchange student in 1973 to it’s wrong, well, we’re the Federal Gov- chase a particular product, including the Soviet Union, you develop a love ernment and you have to forget your health care insurance, there really for people all over the world. It’s ironic religious beliefs. We’re going to tell isn’t anything the Federal Government when people call you a xenophobe and you what you can or can’t believe and cannot order them to do or to pur- have no idea how many people you love tell you what you can or can’t do. You chase. with all your heart—Africa, Asia, Eu- have to go ahead and pay, in tax money b 2020 rope, around the world, different or in health insurance money, for places. someone else to kill an unborn child. And we’re seeing that play out now, And as one West African told me b 2030 not merely in the area of just health when I was visiting there, You have to insurance, but going deeper than that, understand, we were so excited when And we have hospitals, doctors, more problematic, even theological, you elected a black President, but now nurses, health care providers being that the Federal Government can order we’ve seen America growing weak. And told, you may know in your Christian you not to follow your religious beliefs. you must let the people in Washington heart that it’s wrong personally to par- So it’s really quite shocking how far know that unless America stays ticipate in the taking of an innocent we’ve come. Now, those of us that strong, we will suffer. You’re our pro- life, like an infant unborn, but if you study the teachings of Jesus know that tectors. Without you staying strong, want to stay in the health care busi- He told Christians you will suffer for we don’t have hope of having the free- ness you’re probably going to have do My sake. I didn’t deserve to be born in doms we have right now. America’s it anyway. We’re the Federal Govern- America. I go to places like Afghani- strength and America’s standing for ment, and we’ll dictate not only what stan and Iraq and places where there’s freedom and liberty don’t just affect you may believe or not believe, but so much heartache, places around the the people in America. what you may put into practice and world where you see people—in Africa, I jotted some notes inspired by a pas- not put into practice. the places that I’ve seen so much tor’s comments decades ago. It says: And there are some in our govern- heartache, so much suffering. We didn’t Start thinking about what we have ment telling military chaplains, even deserve to be born here, but by the seen in this country. First they said priests, preachers, you may believe in grace of God we were. And though we you can’t have prayer in school, but your spirit, in your heart, in your soul were told by Jesus you will suffer for most people didn’t speak out because that marriage is between a man and a My sake, for whatever reason we were they would just pray somewhere else. woman, that Nature’s God intended the allowed to grow up free, free from suf- Then they said you couldn’t publicly perfect biological fit to produce a com- fering on account of Christian beliefs. post the Ten Commandments because bination of a sperm and an egg. And This bubble in time and space that people might be tempted to read them; some want to tell them you’ve got to was allowed for generation after gen- and if they read them, they might be set aside your religious beliefs and do eration to be able to follow religious tempted to follow them and live moral what we, the Federal Government tell beliefs as Christians without persecu- lives. But most people didn’t speak out you, and marry whoever we tell you to tion, that time has changed. Now it because they knew where to find the marry. would seem that as people yell ‘‘hat- Ten Commandments if they decided You believe Romans 1? Forget it. ers’’ at Christians, throw things at they wanted to have that kind of moral Tear it out of your Bible because we’re Christians, fuss on the nightly news code. the Federal Government. We have a how Christians are haters and want ev- They said you couldn’t use a cross for right to tell you what you can or can’t erybody to go to hell if they don’t be- a headstone, even for soldiers who died believe. lieve just like them—what a terrible in the Christian faith in Jesus Christ, Some say it’s okay to force Catholics misinterpretation of Christian faith believing what Jesus said that ‘‘greater to violate their Christian consciences and beliefs. love hath no one than this, that a man and their religious beliefs because our An article from The Wall Street lay down his life for his friends.’’ But Federal Government has the power to Journal talking about the contracep- not enough people have spoken out, be- tell them what to do. Not enough peo- tion rule, talking about the discussions cause the soldiers are gone and they ple are crying out. I guess they figure, about it among the political can- can’t respond, so maybe it doesn’t real- well, I’m not really Catholic, or maybe didates. ly matter. I’m Catholic but surely they wouldn’t People need to understand the Chris- I had a judge tell students, recent try to tell me what to do in violation tian faith is under assault, and this ad- history, they could not have the free- of my Christian spiritual beliefs. ministration has stepped up the ante in dom of speech to say what was in their But if the government can order, that assault. And if people, whether hearts if it included horrible verboten with the full power of Federal law en- they’re Christians, Jews, Muslims, words like prayer, invocation, bene- forcement, anyone to violate their whatever faith—Hindu, Buddhists, diction, but worst of all, God, prayer, Christian beliefs, we have come full Atheists—once you see a Federal Gov- amen, bow our heads, join in prayer. circle. And the prayers of generations, ernment telling Christians you cannot And most people didn’t speak out be- the work of churches throughout our practice what you believe with your cause that was somewhere else, a judge history—first, to even have a revolu- whole heart spiritually, you could be somewhere else, not ours. Some judges tion based on freedom, based on the lib- next. This ought to stir up not merely said you couldn’t say God in the pledge erty that they knew God gave us, Christians. It ought to stir up people of in a public place. It seems more judges where over a third of the signers of the all kinds of faith. Because, again, a have said that in more recent history. Declaration of Independence weren’t

VerDate Mar 15 2010 04:16 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.125 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H438 CONGRESSIONAL RECORD — HOUSE February 2, 2012 just Christians, they were ordained But we go back and finish with this. ENROLLED BILL SIGNED Christian ministers. But they believed The speech of Benjamin Franklin that Karen L. Haas, Clerk of the House, in freedom so strongly that they were we have from his own handwriting. So reported and found truly enrolled a bill willing to fight and die for the spiritual what he said, 1787, late June, 1787, when of the House of the following title, freedom of all people in this country. nearly 5 weeks had gone by and they’d which was thereupon signed by the And a Constitution was put together accomplished virtually nothing, and he Speaker: and followed by a Bill of Rights, and it pointed out that they had accom- said what it meant, but it took a long plished virtually nothing, that they H.R. 588. An act to redesignate the time for it to be applied across racial Noxubee National Wildlife Refuge as the had more ‘‘nos’’ than ‘‘ayes’’ on vir- Sam D. Hamilton Noxubee National Wildlife bounds. It should have been clear. It’s tually every vote. Refuge. not a living, breathing document, but And he went on to say: it says what it means, and it means In this situation of this Assembly, groping f that all people should have those rights as it were in the dark to find political truth, under the Bill of Rights, that we were and scarce able to distinguish it when pre- ADJOURNMENT all created equal in God’s eyes. The sented to us, how has it happened, Sir, that Mr. GOHMERT. Mr. Speaker, I move Founders believed that. we have not hitherto once thought of hum- that the House do now adjourn. The churches were the heart and soul bly applying to the Father of Lights to illu- The motion was agreed to; accord- of the abolitionist movement to do minate our understandings? In the beginning of the contest with Great Britain, when we ingly (at 8 o’clock and 40 minutes away with that horrible evil called p.m.), the House adjourned until to- slavery. People like John Quincy were sensible of danger, we had daily prayer in this room. morrow, Friday, February 3, 2012, at 9 Adams, 16, 17 years down the hall, Stat- a.m. uary Hall, after he was defeated for a That was Independence Hall. This second term as President, beseeching, great, brilliant man, who most of us f preaching against the evils of slavery, were taught was a Deist, went on to inspired by what he knew from William say: EXECUTIVE COMMUNICATIONS, Wilberforce as a Christian in the Our prayers, Sir, were heard, and they were ETC. United Kingdom doing the same thing graciously answered. Under clause 2 of rule XIV, executive before him. That’s not a Deist. communications were taken from the Abraham Lincoln, inspired by that All of us who were engaged in the struggle Speaker’s table and referred as follows: overlapping time with John Quincy must have observed frequent instances of a 4801. A letter from the Acting Director, Adams, down the hall, because of his superintending providence in our favor. Policy Issuances Division, Department of Christian beliefs and faith. If anybody I have lived, Sir, a long time, and the Agriculture, transmitting the Department’s doubts his belief, what motivated that longer I live, the more convincing proofs I final rule — Classes of Poultry [Docket No.: man, go read the second inaugural ad- see of this truth—that God governs in the af- FSIS-2007-0048] (RIN: 0583-AC83) received dress on the inside of the north wall of fairs of men. January 3, 2012, pursuant to 5 U.S.C. the Lincoln Memorial, as he tried to Now, the judges in this country, 801(a)(1)(A); to the Committee on Agri- make sense, as a Christian, spiritually, there are those who would say, he culture. about all the injustice and wrongs and shouldn’t be able to give that speech. 4802. A letter from the Congressional Re- death and suffering in America. He just mentioned the ‘‘G’’ word. Yet, view Coordinator, Department of Agri- culture, transmitting the Department’s final it was what inspired people, these kind The movement for women’s equality rule — Lists of Regions Classified With Re- involved women of great faith. The of speeches. spect to Certain Animal Diseases and States civil rights movement, the greatest He said: Approved To Receive Certain Imported saint of the movement was a man who And if a sparrow cannot fall to the ground Horses [Docket No.: APHIS-2009-0035] (RIN: was an ordained Christian minister, without His notice, is it possible an empire 0579-AD05) received January 10, 2012, pursu- who knew in his heart what Jesus had could rise without His aid? ant to 5 U.S.C. 801(a)(1)(A); to the Committee done for him, and he wanted all people We have been assured, Sir, in the sacred on Agriculture. to have liberty equally together, and writings, that ‘‘except the Lord build the 4803. A letter from the Director, Regu- be judged by the content of their char- House, they labour in vain that build it.’’ I latory Management Division, Environmental acter, not the color of their skin. also firmly believe, without His concurring Protection Agency, transmitting the Agen- cy’s final rule — Bacillus subtilis strain CX- And now, it appears, war is being aid, we shall succeed in our political building no better than the Builders of Babel: We 9060; Exemption from the Requirement of a waged like never before on people of shall be confounded by our local partial in- Tolerance [EPA-HQ-OPP-2010-0104; FRL-9330- biblical Christian beliefs. You wonder terests and we ourselves shall become a by- 9] received January 11, 2012, pursuant to 5 what some of the Founders had to say. word down through the ages. U.S.C. 801(a)(1)(A); to the Committee on Ag- Samuel Adams was one of the strong- He went on to say he believed they riculture. est Christians alive during the Revolu- should start every day with prayer. 4804. A letter from the Chairman and Presi- tion. He was inspirational. dent, Export-Import Bank, transmitting a He was followed by Randolph from report on transactions involving U.S. exports ‘‘How strangely will the tools of a ty- Virginia, who basically pointed out rant pervert the plain meaning of to Hong Kong pursuant to Section 2(b)(3) of that here we are at the end of June, we the Export-Import Bank Act of 1945, as words!’’ Samuel Adams, that devout, are about to celebrate our anniversary, amended; to the Committee on Financial strong Christian said, his wonderful let’s all go to church together, hear a Services. quote inspired by his faith. sermon together, which they did, the 4805. A letter from the General Counsel, And he said: reformed Calvinist Lutheran Church. Federal Housing Finance Agency, transmit- If you love wealth better than liberty, the They all went to church and heard a ting the Agency’s final rule — Federal Home Loan Bank Housing Goals: Mortgage Report- tranquility of servitude than the animating sermon together. They came back in a contest of freedom, go from us in peace. We ing Amendments (RIN: 2590-AA48) received seek not your counsel nor your arms. Crouch new spirit, and gave us the Constitu- January 3, 2012, pursuant to 5 U.S.C. down and lick the hands that feed you. May tion, and gave us the Bill of Rights 801(a)(1)(A); to the Committee on Financial your chains sit lightly upon you, and may after that. Services. posterity forget that you were our country- How in the world can a Federal Gov- 4806. A letter from the Executive Sec- men. ernment that came from those roots retary, National Labor Relations Board, These are people of faith who be- begin to declare war on Christians, and transmitting the Board’s final rule — Rep- lieved in liberty that started this Catholic Christians now? Beware, be- resentation-Case Procedures (RIN: 3142- AA08) received January 3, 2012, pursuant to 5 ware. The Federal Government that place. And to have courts saying you U.S.C. 801(a)(1)(A); to the Committee on Edu- can’t say the word ‘‘God’’ in invoca- can declare war on Catholic Christian cation and the Workforce. tion, benediction—we start every day faith may be after your faith next. 4807. A letter from the Assistant General with a prayer in this Chamber, and With that, I yield back the balance of Counsel for Legislation, Regulation and En- have for centuries. my time. ergy Efficiency, Department of Energy,

VerDate Mar 15 2010 05:28 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.127 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 2, 2012 CONGRESSIONAL RECORD — HOUSE H439 transmitting the Department’s final rule — 4817. A letter from the Executive Director, Mr. DREIER: Committee on Rules. H.R. Energy Conservation Program: Test Proce- Christopher Columbus Fellowship Founda- 3521. A bill to amend the Congressional dure for Automatic Commercial Ice Makers tion, transmitting the Fellowship’s Perform- Budget and Impoundment Control Act of 1974 [Docket No.: EERE-2010-BT-TP-0036] (RIN: ance and Accountability Report and Finan- to provide for a legislative line-item veto to 1904-AC38) received January 11, 2012, pursu- cial Statements for the years 2011 and 2010; expedite consideration of rescissions, and for ant to 5 U.S.C. 801(a)(1)(A); to the Committee to the Committee on Oversight and Govern- other purposes; with an amendment (Rept. on Energy and Commerce. ment Reform. 112–364 Pt. 2). Referred to the Committee of 4808. A letter from the Deputy Director, 4818. A letter from the Executive Analyst, the Whole House on the state of the Union. Regulations Policy and Management Staff, Department of Health and Human Services, Department of Health and Human Services, transmitting two reports pursuant to the f transmitting the Department’s final rule — Federal Vacancies Reform Act of 1998; to the Applications for Food and Drug Administra- Committee on Oversight and Government tion Approval To Market a New Drug; Reform. PUBLIC BILLS AND RESOLUTIONS Revison of Postmarketing Reporting Re- 4819. A letter from the Assistant General quirements-Discontinuance [Docket No.: Under clause 2 of rule XII, public Counsel, General Law, Ethics, and Regula- bills and resolutions of the following FDA-2011-N-0898] received January 10, 2012, tion, Department of the Treasury, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting seven reports pursuant to the Federal titles were introduced and severally re- mittee on Energy and Commerce. Vacancies Reform Act of 1998; to the Com- ferred, as follows: 4809. A letter from the Director, Regu- mittee on Oversight and Government Re- By Ms. ROS-LEHTINEN (for herself, latory Management Division, Environmental form. Mr. ROYCE, and Mr. CHABOT): Protection Agency, transmitting the Agen- 4820. A letter from the Chief Acquisition H.R. 3880. A bill to require the imposition cy’s final rule — Approval and Promulgation Officer, General Services Administration, of sanctions on foreign financial institutions of Implementation Plans; Georgia; Rome; transmitting the Administration’s final rule that are members of an entity that provides Fine Particulate Matter 2002 Base Year — Federal Acquisition Regulation; Federal services relating to secure communications, Emissions Inventory[EPA-R04-OAR-2011-0849- Acquisition Circular 2005-55; Introduction electronic funds transfers, or cable transfers 201153(a); FRL-9617-2] received January 11, [Docket: FAR 2001-0076; Sequence 7] received to the Central Bank of Iran or sanctioned fi- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the January 10, 2012, pursuant to 5 U.S.C. Committee on Energy and Commerce. nancial institutions; to the Committee on 4810. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Oversight Foreign Affairs, and in addition to the Com- latory Management Division, Environmental and Government Reform. mittee on Financial Services, for a period to Protection Agency, transmitting the Agen- 4821. A letter from the Chief Acquisition be subsequently determined by the Speaker, cy’s final rule — Approval, Disapproval and Officer, General Services Administration, in each case for consideration of such provi- Promulgation of Air Quality Implementa- transmitting the Administration’s final rule sions as fall within the jurisdiction of the tion Plans; Colorado: Smoke, Opacity and — Federal Acquisition Regulation; Pre- committee concerned. Sulfur Dioxide Rule Revisions; Regulation 1 venting Abuse of Interagency Contracts By Mr. STARK: [EPA-R08-OAR-2011-0588; FRL-9614-8] re- [FAC 2005-55; FAR Case 2008-032; Item I; H.R. 3881. A bill to amend the Immigration ceived January 11, 2012, pursuant to 5 U.S.C. Docket 2010-0107, Sequence 1] (RIN: 9000- and Nationality Act to provide authority for 801(a)(1)(A); to the Committee on Energy and AL69) received January 10, 2012, pursuant to immigration judges to terminate pro- Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on ceedings or appoint counsel when necessary 4811. A letter from the Director, Regu- Oversight and Government Reform. for aliens with mental disabilities, and for latory Management Division, Environmental 4822. A letter from the Chief Acquisition other purposes; to the Committee on the Ju- Protection Agency, transmitting the Agen- Officer, General Services Administration, diciary. cy’s final rule — New Mexico: Final Author- transmitting the Administration’s final rule By Mr. RIGELL (for himself, Mr. WITT- ization of State-initiated Changes and Incor- — Federal Acquisition Regulation; Transi- MAN, Mr. HURT, Mr. GOODLATTE, and poration-by-Reference of State Hazardous tion to the System for Award Management Mr. GRIFFITH of Virginia): Waste Management Program [EPA-R06- (SAM) [FAC 2005-55l FAR Case 2011-021; Item H.R. 3882. A bill to require inclusion of RCRA-2011-0407; FRL-9613-6] received Janu- II; Docket 2011-0021, Sequence 1] (RIN: 9000- Lease Sale 220 in the proposed Outer Conti- ary 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); AM14) received January 10, 2012, pursuant to nental Shelf oil and gas leasing program for to the Committee on Energy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on the 2012–2017 period, and for other purposes; 4812. A letter from the Director, Regu- Oversight and Government Reform. to the Committee on Natural Resources. latory Management Division, Environmental 4823. A letter from the Deputy Archivist of By Mr. BROUN of Georgia (for himself, Protection Agency, transmitting the Agen- the United States, National Archives and Mr. WILSON of South Carolina, Mr. cy’s final rule — Revisions to the California Records Administration, transmitting the CHABOT, Mr. SOUTHERLAND, Mr. FLO- State Implementation Plan, San Joaquin Administration’s final rule — Declassifica- RES, and Mr. HARRIS): Valley Unified Air Pollution Control District tion of National Security Information H.R. 3883. A bill to amend title 31, United [EPA-R09-OAR-2011-0789; FRL-9615-5] re- [FDMS NARA-11-0001] (RIN: 3095-AB64) re- States Code, to eliminate the requirement ceived January 11, 2012, pursuant to 5 U.S.C. ceived January 3, 2012, pursuant to 5 U.S.C. that the President submit a budget to the 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Oversight Congress each year, and for other purposes; Commerce. and Government Reform. to the Committee on the Budget, and in ad- 4813. A letter from the Chief, Policy and 4824. A letter from the Director of Regula- dition to the Committees on House Adminis- Rules Division, OET, Federal Communica- tion Policy and Management, Office of the tration, Oversight and Government Reform, tions Commission, transmitting the Com- General Counsel, Department of Veterans Af- and Rules, for a period to be subsequently mission’s final rule — Amendment of Parts 2 fairs, transmitting the Department’s final determined by the Speaker, in each case for and 95 of the Commission’s Rules to Provide rule — Extension of Statutory Period For consideration of such provisions as fall with- Additional Spectrum for the Medical Device Compensation For Certain Disabilities Due in the jurisdiction of the committee con- Radiocommunication Service in the 413-457 To Undiagnosed Illnesses and Medically Un- cerned. MHz band [ET Docket No.: 09-36] received explained Chronic Multi-Symptom Illnesses By Mrs. CAPPS (for herself and Mr. January 10, 2012, pursuant to 5 U.S.C. (RIN: 2900-AO09) received January 3, 2012, YOUNG of Indiana): 801(a)(1)(A); to the Committee on Energy and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3884. A bill to amend the Public Commerce. mittee on Veterans’ Affairs. 4814. A letter from the Assistant Secretary, Health Service Act to provide grants to 4825. A letter from the Senior Advisor for Department of Defense, transmitting a letter State emergency medical service depart- Regulations, Social Security Administra- of justification for the implementation of ments to provide for the expedited training tion, transmitting the Administration’s final Cooperative Threat Reduction; to the Com- and licensing of veterans with prior medical rule — Revisions to Rules of Conduct and mittee on Foreign Affairs. training, and for other purposes; to the Com- 4815. A letter from the Secretary, Depart- Standards of Responsibility for Representa- mittee on Energy and Commerce. ment of the Treasury, transmitting as re- tives [Docket No.: SSA-2011-0016] (RIN: 0960- By Mr. CRAWFORD (for himself and quired by section 401(c) of the National AH32) received January 3, 2012, pursuant to 5 Mr. LUETKEMEYER): Emergencies Act, 50 U.S.C. 1641(c), and sec- U.S.C. 801(a)(1)(A); to the Committee on H.R. 3885. A bill to amend the Internal Rev- tion 204(c) of the International Emergency Ways and Means. enue Code of 1986 to authorize agricultural Economic Powers Act with respect to Cote f producers to establish and contribute to tax- d’Ivoire that was declared in Executive Order exempt farm risk management accounts; to 13396 of February 7, 2006; to the Committee REPORTS OF COMMITTEES ON the Committee on Ways and Means. on Foreign Affairs. PUBLIC BILLS AND RESOLUTIONS By Mr. HASTINGS of Florida (for him- 4816. A letter from the Honorary Secretary, self, Mr. GRIMM, Mr. SCHRADER, Mr. Foundation of Japanese Honorary Debts, Under clause 2 of rule XIII, reports of GRIJALVA, Mr. MORAN, Ms. LEE of transmitting the 205th petition to the Prime committees were delivered to the Clerk California, Mr. KUCINICH, Mr. COHEN, Minister of Japan; to the Committee on For- for printing and reference to the proper Mr. KISSELL, Ms. BORDALLO, and Ms. eign Affairs. calendar, as follows: NORTON):

VerDate Mar 15 2010 05:22 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\L02FE7.000 H02FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H440 CONGRESSIONAL RECORD — HOUSE February 2, 2012 H.R. 3886. A bill to expand the workforce of Committee on Small Business, and in addi- Section 8 of Article 1 of the Constitution veterinarians specialized in the care and con- tion to the Committee on Oversight and Gov- By Mr. HOLT: servation of wild animals and their eco- ernment Reform, for a period to be subse- H.R. 3887. systems, and to develop educational pro- quently determined by the Speaker, in each Congress has the power to enact this legis- grams focused on wildlife and zoological vet- case for consideration of such provisions as lation pursuant to the following: erinary medicine; to the Committee on Agri- fall within the jurisdiction of the committee Article I of the Constitution of the United culture, and in addition to the Committee on concerned. States Natural Resources, for a period to be subse- By Mr. DIAZ-BALART (for himself, By Mr. ISRAEL: quently determined by the Speaker, in each Ms. ROS-LEHTINEN, Mr. SIRES, and H.R. 3888. case for consideration of such provisions as Mr. RIVERA): Congress has the power to enact this legis- fall within the jurisdiction of the committee H. Res. 536. A resolution condemning the lation pursuant to the following: concerned. murder of Wilman Villar Mendoza and hon- Article 1, section 8. By Mr. HOLT (for himself and Mr. oring his sacrifice in the cause of freedom for By Mr. ISSA: COURTNEY): the Cuban people; to the Committee on For- H.R. 3889. H.R. 3887. A bill to provide increased fund- eign Affairs. Congress has the power to enact this legis- ing for the reinsurance for early retirees pro- f lation pursuant to the following: gram; to the Committee on Education and Article 1, Section 8, Clause 8 of the Con- the Workforce, and in addition to the Com- MEMORIALS stitution mittee on Energy and Commerce, for a pe- Under clause 4 of rule XXII, memo- By Mr. DANIEL E. LUNGREN of Cali- riod to be subsequently determined by the rials were presented and referred as fol- fornia: Speaker, in each case for consideration of lows: H.R. 3890. such provisions as fall within the jurisdic- Congress has the power to enact this legis- tion of the committee concerned. 179. The SPEAKER presented a memorial lation pursuant to the following: By Mr. ISRAEL: of the Senate of the State of Michigan, rel- The Emergency Judicial Relief Act of 2012 H.R. 3888. A bill to authorize microenter- ative to Senate Concurrent Resolution No. 20 is authorized by Article 1 Section 8 to con- prise assistance for renewable energy memorializing the Congress to enact legisla- stitute Tribunals inferior to the Supreme projects in developing countries; to the Com- tion that classifies forestry management ac- Court. mittee on Foreign Affairs. tivities as nonpoint sources under the federal By Mr. MARKEY: By Mr. ISSA (for himself and Ms. ZOE Clean Water Act; to the Committee on H.R. 3891. LOFGREN of California): Transportation and Infrastructure. Congress has the power to enact this legis- 180. Also, a memorial of the Senate of the H.R. 3889. A bill to amend title 35, United lation pursuant to the following: State of Michigan, relative to Senate Con- States Code, to provide for an exception from Article I, § 8, clause 3 current Resolution No. 21 urging the Con- infringement for certain component parts of By Mr. MCCLINTOCK: gress and the United States Forest Service motor vehicles; to the Committee on the Ju- H.R. 3892. to take immediate and aggressive action to diciary. Congress has the power to enact this legis- correct mismanagement of national By Mr. DANIEL E. LUNGREN of Cali- lation pursuant to the following: forestlands; jointly to the Committees on fornia (for himself and Mr. MCCAR- Article I, Section 8, Clause 7 of the Con- Agriculture and Natural Resources. THY of California): stitution of the United States of America. H.R. 3890. A bill to provide for additional f By Mr. MULVANEY: Federal district judgeships; to the Com- H.R. 3893. mittee on the Judiciary. CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- By Mr. MARKEY (for himself and Mr. STATEMENT lation pursuant to the following: SMITH of New Jersey): Pursuant to clause 7 of rule XII of The Congress enacts this bill pursuant to H.R. 3891. A bill to amend the Public Clause 1 of Section 8 of Article I of the Health Service Act to speed American inno- the Rules of the House of Representa- United States Constitution, which provides vation in research and drug development for tives, the following statements are sub- Congress with the ability to enact legisla- the leading causes of death that are the most mitted regarding the specific powers tion necessary and proper to effectuate its costly chronic conditions for our Nation, to granted to Congress in the Constitu- purposes in taxing and spending. save American families and the Federal and tion to enact the accompanying bill or State governments money, and to help fam- joint resolution. f ily caregivers; to the Committee on Energy By Ms. ROS-LEHTINEN: ADDITIONAL SPONSORS and Commerce. H.R. 3880. By Mr. MCCLINTOCK (for himself, Mr. Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors SCHIFF, Ms. ESHOO, Ms. LEE of Cali- lation pursuant to the following: were added to public bills and resolu- fornia, Mr. FILNER, Mr. SHERMAN, Mr. Article I, Section 8 of the Constitution. tions as follows: BILBRAY, Mr. MCKEON, Mr. ROHR- By Mr. STARK: ABACHER, Mr. DANIEL E. LUNGREN of H.R. 3881. H.R. 12: Mr. CLAY. California, Mr. DREIER, Mr. CARDOZA, Congress has the power to enact this legis- H.R. 83: Mr. KUCINICH. Mr. NUNES, Ms. MATSUI, Mr. HUNTER, lation pursuant to the following: H.R. 104: Mr. STIVERS. Mr. ROYCE, Mr. GALLEGLY, Mr. GARY * Clause 4, Section 8 of Article I of the Con- H.R. 192: Mr. GUTIERREZ, Mr. CONYERS, Ms. G. MILLER of California, Mr. GEORGE stitution DEGETTE, and Ms. HAHN. MILLER of California, Mrs. NAPOLI- By Mr. RIGELL: H.R. 196: Mr. LOEBSACK and Ms. NORTON. TANO, Mr. WAXMAN, Mr. BERMAN, Ms. H.R. 3882. H.R. 420: Mr. ROKITA. SPEIER, Ms. HAHN, Mr. DENHAM, Mr. Congress has the power to enact this legis- H.R. 458: Mr. HEINRICH, Mr. CLAY, Ms. LEWIS of California, Mr. MCNERNEY, lation pursuant to the following: SPEIER, Mr. DAVIS of Illinois, Ms. Mr. COSTA, Mr. BACA, Mr. CAMPBELL, Article IV, section 3, clause 2 WASSERMAN SCHULTZ, and Mr. LANGEVIN. Mr. GARAMENDI, Ms. CHU, Ms. BASS of By Mr. BROUN of Georgia: H.R. 719: Mr. HURT. H.R. 3883. California, Mr. CALVERT, Mr. MCCAR- H.R. 733: Ms. CHU, Ms. LORETTA SANCHEZ of Congress has the power to enact this legis- THY of California, Ms. RICHARDSON, California, Ms. WATERS, Mr. BACA, Mr. ´ lation pursuant to the following: BECERRA, Ms. VELA´ ZQUEZ, Ms. BASS of Cali- Ms. LINDA T. SANCHEZ of California, Article I, Section 8, Clause 1 fornia, Mr. GEORGE MILLER of California, Ms. Mrs. CAPPS, Ms. LORETTA SANCHEZ of By Mrs. CAPPS: MCCOLLUM, and Ms. SCHWARTZ. California, Ms. ROYBAL-ALLARD, Ms. H.R. 3884. WOOLSEY, Mrs. BONO MACK, Ms. Congress has the power to enact this legis- H.R. 938: Mrs. SCHMIDT. WATERS, Mr. HONDA, Mr. THOMPSON lation pursuant to the following: H.R. 997: Mr. HUELSKAMP and Mr. RAHALL. of California, Ms. PELOSI, Mr. STARK, Article I, Section 8, Clause 1 of the United H.R. 1009: Mr. STEARNS. Mr. FARR, Mrs. DAVIS of California, States Constitution. H.R. 1057: Mr. MCGOVERN and Mr. CLAY. Mr. HERGER, Mr. BECERRA, and Ms. By Mr. CRAWFORD: H.R. 1065: Mrs. CAPITO. ZOE LOFGREN of California): H.R. 3885. H.R. 1093: Mr. STIVERS. H.R. 3892. A bill to designate the facility of Congress has the power to enact this legis- H.R. 1148: Mr. DICKS, Mr. NEAL, Mr. the United States Postal Service located at lation pursuant to the following: SABLAN, Mr. YODER, Mr. PITTS, Mr. FATTAH, 8771 Auburn Folsom Road in Roseville, Cali- Congress has the power to enact this legis- and Mr. RIGELL. fornia, as the ‘‘Private First Class Victor A. lation pursuant to the enumerated powers H.R. 1179: Ms. JENKINS, Mr. BUCHANAN, Mr. Dew Post Office’’; to the Committee on Over- listed in Article I, Section 8, which include MARINO, Mr. JORDAN, and Mr. WOLF. sight and Government Reform. the power to ‘‘regulate commerce...among H.R. 1244: Mr. CULBERSON. By Mr. MULVANEY: the several States...’’. H.R. 1267: Mr. HUNTER, Ms. HAHN, and Mr. H.R. 3893. A bill to amend the Small Busi- By Mr. HASTINGS of Florida: SMITH of Washington. ness Act with respect to subcontracting and H.R. 3886. Congress has the power to enact H.R. 1278: Mr. HOLT. insourcing, and for other purposes; to the this legislation pursuant to the following: H.R. 1354: Mr. RUSH.

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H.R. 1477: Mr. RUSH. H.R. 3359: Mr. CLAY and Ms. SCHAKOWSKY. H.R. 3858: Mr. SHULER, Mr. SHERMAN, Mr. H.R. 1489: Mrs. DAVIS of California. H.R. 3410: Mrs. NOEM. HASTINGS of Florida, Mr. LARSON of Con- H.R. 1568: Mr. KEATING and Mr. HOLT. H.R. 3422: Mrs. BLACKBURN. necticut, Mr. SCHIFF, Mr. COOPER, Ms. WIL- H.R. 1588: Mr. LATHAM. H.R. 3440: Mr. MCCOTTER. SON of Florida, Ms. SCHAKOWSKY, Mr. HONDA, H.R. 1672: Mr. MCCOTTER, Mr. HUIZENGA of H.R. 3458: Mr. BENISHEK. Mrs. DAVIS of California, Mr. TONKO, Ms. Michigan, Mr. MORAN, Mr. ROSS of Arkansas, H.R. 3462: Mr. OLVER and Mr. STARK. DEGETTE, Mr. PASCRELL, Mr. RAHALL, Mr. Mr. MURPHY of Connecticut, Mr. FRANK of H.R. 3480: Mr. FILNER, Ms. SCHAKOWSKY, BRADY of Pennsylvania, Mrs. CAPPS, Mr. Massachusetts, and Mr. GONZA´ LEZ. Mr. POLIS, Mr. KUCINICH, Mr. HONDA, and Mr. CLARKE of Michigan, Mrs. MCCARTHY of New H.R. 1738: Mr. QUIGLEY. CLAY. York, Ms. ESHOO, Ms. MATSUI, Ms. CHU, Mr. H.R. 1739: Mr. SMITH of Washington. H.R. 3509: Mr. MCGOVERN. LYNCH, Mr. THOMPSON of California, Mr. CON- H.R. 1777: Mr. AMODEI, Mr. BROUN of Geor- H.R. 3510: Mr. MILLER of Florida and Mr. NOLLY of Virginia, Mr. BISHOP of New York, gia, Mr. FLEISCHMANN, Mr. GINGREY of Geor- POLIS. Mr. GUTIERREZ, Mr. DEFAZIO, Mr. NEAL, and gia, Mr. HULTGREN, Mrs. MCMORRIS RODGERS, H.R. 3526: Mr. HIMES, Mr. BACA, Ms. MOORE, Mrs. MALONEY. Mr. POE of Texas, and Mr. SCHWEIKERT. Ms. RICHARDSON, and Ms. MCCOLLUM. H.R. 3867: Mr. HARRIS and Mr. CONAWAY. H.R. 1792: Mr. DOLD. H.R. 3545: Mr. WATT. H.R. 3868: Mr. AL GREEN of Texas, Mr. HAS- H.R. 1897: Mr. LATHAM. H.R. 3548: Mr. CONAWAY and Mr. CHABOT. TINGS of Florida, Ms. LEE of California, Mr. H.R. 1903: Mr. CLAY and Mr. MCNERNEY. H.R. 3570: Ms. SLAUGHTER. THOMPSON of Mississippi, Mr. RICHMOND, Mr. H.R. 2086: Mr. WATT. H.R. 3573: Mr. KUCINICH. RANGEL, Ms. BROWN of Florida, Mr. DAVIS of H.R. 2166: Mr. BUCHANAN. H.R. 3594: Mr. NUGENT, Mr. FORBES, Mr. Illinois, Mr. DAVID SCOTT of Georgia, Mr. H.R. 2168: Mr. SENSENBRENNER. LUETKEMEYER, Mr. STIVERS, and Mr. GOSAR. KUCINICH, Mr. PAYNE, Ms. EDDIE BERNICE H.R. 2182: Ms. TSONGAS. H.R. 3596: Mr. HOLT, Mr. OLVER, Ms. JOHNSON of Texas, Mr. TOWNS, Mr. CUMMINGS, H.R. 2238: Mr. HOLDEN and Mr. CRITZ. HOCHUL, Mr. CLEAVER, Mr. TONKO, Mr. Mr. CLEAVER, Ms. WILSON of Florida, Mr. H.R. 2284: Mr. COFFMAN of Colorado and Mr. ENGEL, and Ms. HAHN. BUTTERFIELD, Mr. MEEKS, Ms. MOORE, Mr. AMODEI. H.R. 3599: Mr. THOMPSON of California. JACKSON of Illinois, Mr. LEWIS of Georgia, H.R. 2299: Mr. PEARCE. H.R. 3606: Mr. WELCH, Mr. SMITH of Wash- Ms. BASS of California, Ms. FUDGE, Ms. H.R. 2335: Mr. BENISHEK. ington, and Ms. SEWELL. WATERS, Mr. WATT, Mr. SCOTT of Virginia, H.R. 2364: Mr. ROTHMAN of New Jersey. H.R. 3612: Mr. OWENS and Mr. TONKO. Mr. BISHOP of Georgia, Ms. JACKSON LEE of H.R. 2429: Mr. POMPEO. H.R. 3670: Mr. HUNTER and Mr. DANIEL E. Texas, Mr. COHEN, Ms. SEWELL, and Ms. H.R. 2487: Ms. SLAUGHTER. LUNGREN of California. CLARKE of New York. H.R. 2595: Mr. LEVIN. H.R. 3676: Mrs. DAVIS of California, Mr. H.R. 3877: Mr. LOBIONDO. H.R. 2639: Mr. KUCINICH. POLIS, Mr. SOUTHERLAND, and Mr. KUCINICH. H. Con. Res. 98: Mr. POMPEO. H.R. 2697: Mr. HASTINGS of Florida. H.R. 3695: Ms. SPEIER, Mr. KINGSTON, and H. Res. 25: Mr. LUJA´ N. H.R. 2741: Ms. MCCOLLUM. Mr. DANIEL E. LUNGREN of California. H. Res. 111: Mr. BISHOP of New York, Mr. H.R. 2758: Ms. WOOLSEY. H.R. 3698: Mr. DUNCAN of South Carolina. HOLDEN, Mr. WITTMAN, Mr. DANIEL E. LUN- H.R. 2809: Mr. CLAY. H.R. 3702: Mr. CLAY and Mr. ROHRABACHER. GREN of California, and Mr. KINZINGER of Illi- H.R. 2966: Mr. GUTIERREZ. H.R. 3728: Mr. JONES. nois. H.R. 2978: Mr. CONAWAY. H.R. 3733: Mr. FILNER. H. Res. 137: Mrs. NOEM. H.R. 2980: Mr. BACA. H.R. 3742: Mr. YOUNG of Alaska, Mr. H. Res. 507: Mr. GRIFFIN of Arkansas. H.R. 2982: Mrs. CAPPS. FRANKS of Arizona, and Mr. CARTER. H. Res. 526: Mrs. MCCARTHY of New York. H.R. 3001: Mr. GEORGE MILLER of Cali- H.R. 3770: Mr. CULBERSON and Mr. BONNER. fornia, Mr. MORAN, Mr. REYES, Mr. LEWIS of H.R. 3771: Mr. POLIS. f Georgia, Mr. DAVIS of Illinois, Mr. CARNEY, H.R. 3778: Mr. LATTA and Mr. KINZINGER of DELETIONS OF SPONSORS FROM Mr. HINOJOSA, Mrs. MCCARTHY of New York, Illinois. Ms. DELAURO, Mr. TOWNS, Mr. RANGEL, Ms. H.R. 3794: Mr. ROKITA. PUBLIC BILLS AND RESOLUTIONS EDDIE BERNICE JOHNSON of Texas, Mr. DAVID H.R. 3795: Mr. CLAY. Under clause 7 of rule XII, sponsors SCOTT of Georgia, Mr. CLEAVER, Ms. WILSON H.R. 3803: Mr. WOMACK, Mr. GOODLATTE, were deleted from public bills and reso- of Florida, Ms. SEWELL, Mr. BISHOP of Geor- Mr. FINCHER, Mr. POMPEO, Mr. MCCOTTER, lutions as follows: gia, Ms. FUDGE, Mr. AL GREEN of Texas, Mr. Mrs. EMERSON, Mr. CHABOT, Mr. YODER, Mr. H.R. 3764: Mr. JACKSON of Illinois. CLYBURN, Mr. SCOTT of Virginia, Mr. WATT, PALAZZO, Mr. QUAYLE, Ms. JENKINS, and Mr. Mr. RICHMOND, Mr. TONKO, Mr. COHEN, Mr. CALVERT. f CUELLAR, Mr. INSLEE, Mr. GONZALEZ, Mr. H.R. 3805: Mr. POMPEO and Mr. SCHILLING. GUTIERREZ, Mr. LARSON of Connecticut, Ms. H.R. 3811: Mrs. BLACKBURN, Mr. SCOTT of PETITIONS, ETC. LEE of California, Mr. BUTTERFIELD, Mr. South Carolina, and Mr. BERG. Under clause 3 of rule XII, petitions ELLISON, Mr. SERRANO, Ms. VELA´ ZQUEZ, Ms. H.R. 3821: Ms. WOOLSEY, Mr. CLAY, and Mr. EDWARDS, Ms. JACKSON LEE of Texas, Mr. KUCINICH. and papers were laid on the clerk’s FATTAH, Mr. HOLT, Mr. PERLMUTTER, Ms. H.R. 3826: Mr. CLAY, Mr. LARSON of Con- desk and referred as follows: MOORE, Ms. BALDWIN, Ms. BASS of California, necticut, Mr. CICILLINE, Mr. KUCINICH, Mr. 33. The SPEAKER presented a petition of Mr. CONNOLLY of Virginia, Mr. ROTHMAN of HINCHEY, Mr. LOEBSACK, Ms. WATERS, and Interstate Oil and Gas Compact Commission, New Jersey, Mr. RUSH, and Mr. CUMMINGS. Ms. WOOLSEY. New York, relative to Resolution 11.066 urg- H.R. 3053: Mr. CLAY. H.R. 3828: Mr. POMPEO and Mr. DUNCAN of ing the repeal of section 526 of the Energy H.R. 3059: Mr. CLAY. South Carolina. Independence and Security Act of 2007; to the H.R. 3066: Mrs. NOEM and Mr. LATHAM. H.R. 3831: Mr. BARLETTA, Mr. BOSWELL, Mr. Committee on Oversight and Government H.R. 3151: Mr. FILNER, Mr. KUCINICH, and LOEBSACK, and Mr. LATHAM. Reform. Mr. CLAY. H.R. 3840: Mr. CONYERS and Mr. GRIJALVA. 34. Also, a petition of City of Lauderhill, H.R. 3200: Mr. POLIS and Ms. PINGREE of H.R. 3842: Mr. FLORES, Mr. STUTZMAN, Mr. Florida, relative to Resolution No. 11R–11– Maine. KINGSTON, Mr. AUSTIN SCOTT of Georgia, Mr. 252 supporting S. 1836; jointly to the Com- H.R. 3216: Mr. HARRIS. BROUN of Georgia, Mr. GINGREY of Georgia, mittees on Transportation and Infrastruc- H.R. 3221: Mr. LUJA´ N and Mr. TONKO. Ms. BUERKLE, Mrs. HARTZLER, Mr. GOWDY, ture and Ways and Means. H.R. 3283: Mr. DOLD. Mr. FLEISCHMANN, Mr. PEARCE, and Mr. 35. Also, a petition of City of Lauderhill, H.R. 3307: Mr. CICILLINE, Ms. LEE of Cali- BENISHEK. Florida, relative to Resolution No. 11R–11– fornia, Mr. PAYNE, and Mrs. NOEM. H.R. 3844: Mr. QUAYLE. 253 supporting H.R. 2914; jointly to the Com- H.R. 3322: Mr. KUCINICH. H.R. 3848: Mr. DIAZ-BALART. mittees on Education and the Workforce, H.R. 3323: Mr. THORNBERRY. H.R. 3852: Mr. WELCH and Ms. CASTOR of Natural Resources, Agriculture, the Judici- H.R. 3356: Mr. POE of Texas and Mr. LATOU- Florida. ary, Science, Space, and Technology, and En- RETTE. H.R. 3855: Mr. KUCINICH. ergy and Commerce.

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Vol. 158 WASHINGTON, THURSDAY, FEBRUARY 2, 2012 No. 17 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, minutes each, with the time equally di- called to order by the Honorable TOM PRESIDENT PRO TEMPORE, vided and controlled between the two UDALL, a Senator from the State of Washington, DC, February 2, 2012. leaders or their designees, with the ma- New Mexico. To the Senate: jority controlling the first half and the Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Republicans controlling the final half. PRAYER Mr. REID. Mr. President, I suggest appoint the Honorable TOM UDALL, a Senator The PRESIDING OFFICER. Today’s from the State of New Mexico, to perform the absence of a quorum. opening prayer will be offered by Rev. the duties of the Chair. The ACTING PRESIDENT pro tem- Dr. Joseph Vought, senior pastor of DANIEL K. INOUYE, pore. The clerk will call the roll. The assistant legislative clerk pro- Community Lutheran Church in Ster- President pro tempore. Mr. UDALL of New Mexico thereupon ceeded to call the roll. ling, VA. Mr. DURBIN. Mr. President, I ask The guest Chaplain offered the fol- assumed the chair as Acting President pro tempore. unanimous consent that the order for lowing prayer: the quorum call be rescinded. Let us pray. f The ACTING PRESIDENT pro tem- God of grace and glory, in whom all RECOGNITION OF THE MAJORITY pore. Without objection, it is so or- righteousness, peace, and goodness are dered. found, You have created us in Your LEADER f image, given us a world of good gifts The ACTING PRESIDENT pro tem- and the blessing of this land we call pore. The majority leader is recog- AMERICAN BUSINESSES home. nized. Mr. DURBIN. Mr. President, over the Send Your spirit of wisdom, discern- f last several months, I put my staff on ment, and grace to these elected serv- a little mission. I asked them to iden- ants. Take away any fear or prejudice SCHEDULE tify manufacturing companies in my that may keep them from civil dis- Mr. REID. Mr. President, following home State of Illinois that have not course, good will, and mutual endeav- leader remarks, the Senate will be in a only weathered this recession but are or. Remind them of their calling to period of morning business until 11 doing well and are hiring. I wanted to serve, and inspire them to make deci- a.m. this morning. The majority will meet with these companies and find sions which promote the common good, control the first half and the Repub- out why the recession has treated them ensure justice and liberty for all, and licans the second half. Following morn- differently, particularly when it comes make this Nation a beacon of hope for ing business, the Senate will resume to manufacturing jobs. I have been the world. consideration of the STOCK Act. We pleasantly surprised at how many busi- In Your holy Name we pray. Amen. worked very hard until late in the nesses I have found to be in that condi- tion in my State. Not to understate our f evening last night to try to come up with an agreement to complete action unemployment rate or the impact of PLEDGE OF ALLEGIANCE on this bill. We will notify Senators the recession on many businesses, the fact is there are some that have not The Honorable TOM UDALL led the when those votes are scheduled. We hope that can be done. only weathered the storm but are doing Pledge of Allegiance, as follows: quite well, and they represent a variety I pledge allegiance to the Flag of the f of different goods that they manufac- United States of America, and to the Repub- RESERVATION OF LEADER TIME ture. lic for which it stands, one nation under God, The heartening and encouraging indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- news is that we are hearing more often f pore. Under the previous order, the that companies have decided to re- leadership time is reserved. source their jobs back to the United APPOINTMENT OF ACTING f States. In his State of the Union Ad- PRESIDENT PRO TEMPORE dress, the President spoke of one such The PRESIDING OFFICER. The MORNING BUSINESS company, Master Lock, located in Mil- clerk will please read a communication The ACTING PRESIDENT pro tem- waukee, WI, which he noted has now to the Senate from the President pro pore. Under the previous order, there announced that they think America is tempore (Mr. INOUYE). will now be a period of morning busi- the best place to make products and do The assistant legislative clerk read ness until 11 a.m., with Senators per- business. That is a good trend we want the following letter: mitted to speak therein for up to 10 to encourage.

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

S283

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VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S284 CONGRESSIONAL RECORD — SENATE February 2, 2012 We know we have lost a goodly share most efficient and cost-productive We have a State with a lot of unem- of manufacturing jobs over the last plants in all of Chrysler Corporation, ployment, over 8 percent. In some parts several years. In the year 2000, more and it should be expanded. of the State, it is over 10 percent. You than 17 million Americans were em- In November, Caterpillar, the largest wonder how in the world with so many ployed in manufacturing. Ten years exporter in my State, the largest man- people out of work there would be later, the number had fallen to 11.5 ufacturer, announced a $600 million in- good-paying jobs unfilled. It turns out, million—from 17 million to 11.5 mil- vestment in its plants in Decatur and I found, as I traveled around the State, lion. More than 300 of those jobs were Peoria, IL, and they are going to bring those in manufacturing who want to lost in my home State of Illinois in back hundreds of jobs to our area. hire new employees run into three ob- that decade, from 2000 to 2010. American companies are beginning to stacles. But American manufacturing is realize that manufacturing products The first obstacle is that people ap- growing again. One of the real good right here in the United States can be plying for a job don’t have the skills news stories is Chrysler. I am sure the profitable again. That is good news for necessary to work in manufacturing Presiding Officer remembers the con- Illinois and good news for America. today. Those who have not seen it per- troversy when General Motors and Manufacturing was the backbone of the sonally may not know what manufac- Chrysler faced bankruptcy and the pos- American economy for decades. We turing looks like today. It is much dif- sibility of literally going out of busi- may never see it return to its heyday, ferent than the image of 30, 40 years ness. In my lifetime, other car manu- but we should take steps to strengthen ago. The plants themselves are much facturers have gone out of business. it. cleaner operations, and most of them The President decided—and rightly In the State of the Union Address, are computer driven. Unlike the old so—that we could not afford to lose President Obama laid out a number of days of steam and dirt in every direc- those jobs. So we engineered a loan key steps to boost manufacturing and tion, those aren’t the manufacturing with General Motors and Chrysler, pre- ensure that more products have these plants of today, in many instances, mised on their changing the way they three key words: ‘‘Made in America.’’ across America. The President’s proposal builds on did business. What they are looking for in appli- legislation that I introduced personally Many critics said that was the wrong cants for industrial maintenance, for in 2010 to reduce the tax benefits that thing to do, the capitalist purists who example, which is a major area of need companies can claim when they close were saying: No, no, these things hap- as baby boomers age out and retire—in- factories here in the United States. pen. Companies go away, and new com- dustrial maintenance requires that the Hard as it may be to believe, the Tax panies emerge; General Motors and applicant have more than a passing Code rewards and compensates those Chrysler should be allowed to go gently knowledge of mathematics and com- companies that decide to close down into the night. puters. If they don’t, frankly, they are manufacturing in the United States President Obama disagreed. Many of walking into an environment where and move it overseas. The Tax Code us disagreed. And he put a downpay- they cannot be of much help. currently allows companies moving op- ment on the future of the American In some areas—in Danville, for exam- erations overseas to the deduct their automobile industry which has paid off ple—a local manufacturer is teaming moving expenses and reduce their taxes handsomely. Just this last week, the up with the Danville Community Col- in the United States as a result. It is a major auto manufacturers—Ford, lege to take those who don’t possess direct subsidy to move a job overseas. Chrysler—announced recordbreaking the right math and computer skills and It is just common sense that taxpayers profits. They have restructured. They train them at the expense of the com- should not be helping companies cover are selling a better product, they are pany so they can go to work. The same the cost of outsourcing jobs. doing it in a better way, and they are The President is also taking impor- is true in my State over and over now competitive. The American people tant steps to encourage insourcing— again. The community college links up are buying their products. General Mo- when companies close operations over- with the manufacturing concern and tors has come back strong. seas and move jobs back to the United starts training employees so they will Just by way of comparison, I re- States. Specifically, the President is be ready to fill the jobs, at the expense cently read that if you look at the calling for a 20-percent income tax of the company. total number of employees in certain credit for the expenses of moving oper- The second obstacle is a psycho- companies, it gives you an idea of why ations back into the United States to logical one which I hadn’t thought some have more value overall to the help companies bring jobs home. about. It turns out that many parents, economy than others. We all know He also proposed a new credit for in- when the son says they are hiring at Facebook. We hear about it all the vestments that help finance projects in such-and-such a business, will say: time. When somebody asks to take my communities that have suffered a Wait a minute. I didn’t want you to picture, I laughingly say: Do you prom- major job loss event, and every one of grow up working in a factory like your ise you will put it on Facebook? And our States has one. It might be the dad. I wanted you to have a job where they laugh out loud because that is ex- steel mill in Hennepin, IL, the tool you wear a coat and tie. Didn’t you go actly what they are going to do, in- manufacturers in Sterling-Rock Falls, to community college? You ought to do stantaneously. Facebook has about the appliance factory in Galesburg, or better than that. It turns out there is 3,000 employees in America. We all the farm equipment factory in Canton, a prejudice against working in fac- know Google. We use it every day—I IL. Too many communities have suf- tories, even though, as I said, they are do—to find information and to access fered dramatic layoffs when plants much different and the compensation is different sites. Google has about 30,000 have shut down over the last several much better than some other alter- employees in the United States. How decades. We have all seen the stories. natives. They are having open houses many employees are there in General We have all met the people who have at many factories in Illinois so families Motors’ direct employment? A hundred seen their lives changed dramatically and high school counselors can see thousand. because of those decisions. Without what they look like and see that they When the President said that we need new investment, many of these com- are not the image they might have in to invest in the automobile industry, it munities will continue to struggle. their mind. was a decision based on the need for The tide is starting to turn for Amer- The third obstacle is one that is very good-paying jobs right here in Amer- ican manufacturing, but we can do practical. Before an employer would ica. Well, I can tell you, when it comes more to make growth in that sector put an employee in charge of a multi- to Chrysler, it was an investment that stronger and faster. We may never re- million-dollar, computer-driven manu- paid off for my home State of Illinois. turn to the forties and fifties, but there facturing process, they would want to This week, Chrysler is announcing that are some things we can do. One of the make sure the employee is not only it will be adding 1,600 manufacturing things I found interesting as I visited skilled but sober. That means drug jobs at its plant in Belvidere, IL. I was these plants that were trying to hire tests. Many of these would-be appli- encouraged when I met with the CEO of people in manufacturing was the obsta- cants for manufacturing jobs fail drug Chrysler and he said it is one of the cles they were running into. tests time and again. Why? They have

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.002 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S285 grown up in a generation that says litical field we play on in political day as we vote, there is the potential marijuana doesn’t count, and they are campaigns. for some special interest group out wrong. Or they are engaged in other The Citizens United decision was a there deciding that is the breaking drugs. They just cannot expect to be step in the wrong direction. It wasn’t point; that from that point forward taken seriously as a job applicant if that long ago when two of our own—a they will do everything in their power they cannot pass a drug test. They will Republican, JOHN MCCAIN, and a Demo- to defeat us, and they can spend as not get through the front door. crat, Russ Feingold of Wisconsin— much as they want to get the job done. Those three things—basic skill and teamed up to end soft money in politics It is a humbling, sobering reality from training, attitudes of families toward and to try to bring down the infusion of the Citizens United decision. jobs in manufacturing, and the drug money from outside interests. They Well, there is an alternative. One is a tests—have turned out to be the three took years to reach their goal. Finally, resolution that has been offered by the obstacles that have been raised time when they did, after being challenged Presiding Officer, which I am cospon- and again all across Illinois. But we in court, they were picked away at soring. That is a constitutional amend- can overcome each one of them, and we over the years, and now with Citizens ment that would reverse Citizens should. We can fill these jobs, good United, they have been toppled com- United. We all know how uphill that American jobs, with skilled set people pletely. Now the field is wide open. struggle will be, but at least we have who can produce for this country for Whether we are talking about the staked out a position to say we have to many years to come. need to reduce the deficit, reform the overturn this decision; we have to go f Tax Code, create jobs, most everybody back to the days of accountability and knows different parties have different CITIZENS UNITED manageability when it comes to fi- ideas. What many people don’t know is nancing campaigns. I applaud the Pre- Mr. DURBIN. Mr. President, this that there are special interest groups siding Officer, the Senator from New year’s political campaigns are different that have their own agenda and ideas Mexico, for his leadership on that than just 2 years ago. There is a dra- on these and so many other issues. It is issue. matic infusion of money from so-called just hard for Presidential candidates There is another issue too, one that I super PACs. Now we are starting to and Members of Congress to navigate think we should continue to bring up learn the identity of those who were through or around the special interests and discuss. It is called Fair Elections behind it. Just yesterday there were that have now become such an integral Now. The Fair Elections Now Act is a disclosures about some of the contribu- part of campaigns. The major donors in bill that I have introduced in many tors. Many of the names are familiar— the Citizen United decision are a major Congresses. It would dramatically the same very wealthy people who force in American politics. change the way congressional cam- have, time and again, been engaged in I believe the overwhelming majority paigns are funded. It would make super our political process. The new ap- of people serving in the House and Sen- PACs irrelevant. The bill would allow proach, of course, is that there is no ate in both parties are honest and candidates to focus on the needs of the limitation in what they can spend. In hard-working people. I believe they are people they represent regardless of addition, there is little disclosure on a guided by good intentions. We are whether those people are wealthy or timely basis. nonetheless stuck in a terrible, cor- whether they donate to a super PAC, There are a lot of reasons for that. rupting campaign financing system. attend a fundraiser, or try to find spe- One of them is the Supreme Court deci- That decision by the Supreme Court 2 cial access to a candidate. sion in Citizens United. It may be as years ago made our system so much flawed a decision as that Court has worse that I think the only thing that Candidates in the fair election sys- ever made: to equate corporations and can save it—literally save it so our de- tem would not need a penny from spe- special interest groups with average mocracy is protected—is a dramatic cial interest lobbyists or corporations Americans when it comes to our polit- change. to run their campaigns. Under this sys- ical process and say speech is money, After Citizens United, corporations tem, qualified candidates for Con- money is speech, and say, basically, and unions can spend as much money gress—and to qualify, they would need there are no rules or limits in terms of as they want to influence the Presi- to raise small contributions in volume what a special interest group or a cor- dential race, as well as congressional in the State they are running in—those poration can spend in our political elections, and the Federal and State qualified candidates would receive process. and local elections as well. In 2010, for grants, matching funds, and television I cannot think of a more corrupting the first time ever, spending on House broadcasting vouchers from the fair influence. We know politics and cam- and Senate races exceeded $1.6 billion. elections fund to help them run com- paigns have become more expensive in Outside groups spent 335 percent more petitive campaigns. In return, can- this country every year. Those of us on congressional campaigns than just 4 didates who voluntarily participate in who are engaged in this business have, years earlier. Those numbers are still the fair election system would agree to over our political lifetimes, seen a dra- like a drop in the bucket compared to only accept campaign donations from matic evolution in terms of how money this year, this election cycle. The super small-dollar donors in their States. is raised and spent. I can recall, in my PAC money is being used, as we have We pay for the fund by asking busi- first race in 1982 for the U.S. House of seen in the Republican Presidential nesses that earn more than $10 million Representatives, raising and spending primary, to fund negative, deceptive a year in Federal contracts to pay a fee what was then almost a record amount ads in support of candidates who are of one-half of 1 percent, with a max- in a House race against an incumbent loosely, albeit not officially or for- imum amount of $500,000 per year. That Congressman of $800,000. It was a huge mally, connected to those running would fund it, and it would make cer- amount of money then, as I said, one of super PACs. tain that under the fair election sys- the most expensive congressional races I think of the situation with former tem we would have public financing to date. I waited anxiously for a $25,000 Speaker of the House Gingrich. One and we would put it into this money check from the Democratic National man and his wife have literally fi- chase that I believe is not only cor- Campaign Committee they had prom- nanced Gingrich’s campaign in two rupting our campaign system but could ised, but it never showed up. But $25,000 States, with $5 million contributions in someday corrupt the very government was a big deal. each of those States, as I understand we are proud of and represent as elect- Look where we are today. It is not it. That, to me, is a corruption of the ed officials. unusual for candidates for Congress process. You can bet that big business It is time to reform our system. I am and the Senate to spend millions of isn’t going to be shy about engaging in afraid, as I said in one gathering re- dollars routinely in electing and re- the Citizens United strategy of spend- cently, if you are a student of history, electing Members of the House of Rep- ing money to influence the outcome of it takes a massive scandal or crisis to resentatives. On our side of the Ro- elections, and you can bet it will im- create a massive reform. I hope that tunda just dramatically increase those pact those of us who serve in the Sen- doesn’t happen. I hope we have the numbers, and you will see the basic po- ate and House. We know every single good sense to move toward reform

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.003 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S286 CONGRESSIONAL RECORD — SENATE February 2, 2012 without that happening. In the mean- tionary War. He never went home; he This President’s Executive excesses time, what is happening to our polit- was always in the war. Even when he were first illustrated by the creation of ical system is not in the best interest was President of the United States for more czars than the Romanovs had. of democracy. 8 years, he was only at Mount Vernon We have always had some so-called If the average person who is not 10 times during those 8 years; and after czars in the White House—the drug wealthy cannot even consider the pos- the Presidency, of course, he soon died. czar, for example. But now we have ap- sibility of being a candidate for Con- So he gave up quite a bit to be Presi- proximately three dozen of them. gress without the backing of huge spe- dent of the United States. These czars duplicate and dilute the re- cial interest groups or without their There were other things that im- sponsibilities of Cabinet members; they own personal wealth, then we have lost pressed me about our visit to Mount make it harder for the Congress, us, to something. A lot of us who got engaged Vernon. One was the reminder that our have a supervisory role over exactly in public life many years ago might Revolution was a revolution against a what they are doing. It is not only never have considered it under today’s King. George Washington, as com- antidemocratic, it is a poor way to rules because it is so expensive and mander in chief of the Continental manage the government. overwhelming. Any person who now Army, led a fight for independence Equally disturbing to me has been steps up and says they are ready to run from a King whom the signers of the this administration’s use of regulation for Congress or the Senate is intro- Declaration of Independence stated, and litigation to bypass the Congress duced quickly to what is known as the had a ‘‘History of repeated injuries and and the will of the people when the ‘‘Power Hour’’—dialing for dollars. We usurpations, all having in direct object Congress has a different point of view. sit them down in a chair and they get the establishment of an absolute Tyr- For example, this was the case with on the phone and call this list and beg anny over these States.’’ the National Labor Relations Board every person they can reach for at Those were our Revolutionary and their decision in the Boeing case; least $2,300, $2,500. And they keep call- Founders talking. As President of the which has now been apparently re- ing until the Sun goes down, and they Philadelphia Convention, George Wash- solved but which was an enormous—an start again the next day. ington presided over the writing of the enormous abuse of power, in my opin- There was a time when many of these U.S. Constitution which emphasizes, if ion. candidates would not be sitting talking it emphasizes any one word, the idea of Then the President is taking to to the wealthiest givers in America but ‘‘liberty’’ in creating the system of blaming almost everyone for the prob- would be out in their States and dis- government we enjoy today. lems we see in our lives today: First, it tricts talking to the people whose Then there was another aspect to was President Bush, then it was the needs they ought to appreciate. That George Washington of which we were banks, then it was business, then it was time has changed. We can change it reminded which would be good for us to the insurance companies, then it was back. We need to have the support of think about today and that was his Wall Street, then it was 1 percent of us, the American public and the political modesty and restraint. and now it is the Congress, which of course is in a government that is pri- will in both political parties to achieve George Washington must have had marily run by the President’s own po- it. remarkable presence. He never had to litical party. I yield the floor and suggest the ab- say very much, apparently, to com- The President has taken to saying in sence of a quorum. mand the attention and respect of his his campaign speeches and his State of The ACTING PRESIDENT pro tem- countrymen. He likely could have been the Union Address the other day, ‘‘If pore. The clerk will call the roll. general of the Army as long as he Congress won’t act, I will,’’ and he has The assistant legislative clerk pro- wished and President of the United begun to show that is no idle threat. ceeded to call the roll. States as long as he wished, but he Because now, on top of these other Mr. ALEXANDER. Mr. President, I chose not to do that. ask unanimous consent that the order abuses, with his recent appointments It was he who first asked to be called for the quorum call be rescinded. to the National Labor Relations Board simply Mr. President, rather than some The ACTING PRESIDENT pro tem- and the Director of the Consumer Fi- grand title. It was Washington who pore. Without objection, it is so or- nancial Protection Bureau to head a gave up his commission when the war dered. new and unaccountable agency, the Mr. ALEXANDER. I ask the Presi- was over, and it was Washington who president has undermined the checks dent to notify me when I have used 10 stepped down after two terms and went and balances that were placed in our minutes. home to Mount Vernon. In fact, that Constitution and that George Wash- The ACTING PRESIDENT pro tem- aspect of his character was imprinted ington so respected. pore. The Chair will do so. upon the American character, that This Senate has always been the modesty and restraint on the part of f place—whether it was a Democratic the executive branch and a recognition Senate arguing about the appropriate- RECESS APPOINTMENTS that our system depends absolutely on ness of President Bush using war pow- Mr. ALEXANDER. Mr. President, checks and balances. ers, this Senate has always been the last week we Republican Senators had I am struck by that attitude and the place that has insisted upon checks and an extraordinary experience that mil- different attitude I see in the adminis- balances and the liberty of the people lions of Americans have had and will tration of President Obama, which has as guaranteed by those checks and bal- have in the future: We spent a day at shown disregard for those checks and ances. Mount Vernon, George Washington’s balances and the limits on Presidential The President’s recent actions have home, which is not more than about 40 power that our Founders and George shown disregard for possibly the best minutes from the Nation’s Capital. Washington felt were so important. known and possibly most important Even in the middle of winter, it is a This administration, over 3 years, role of the Senate and that is its power beautiful, historic setting. It is hard to has been arrogating more power to the of advice and consent of executive and imagine why George Washington and executive branch of government and judicial nominations as outlined in Ar- Martha Washington would ever want to upsetting the delicate balance, which ticle II, Section 2 of the Constitution. leave the place. the Founders created for the purpose These actions, four appointments Touring the rooms, we could imagine of—what? For the purpose of guaran- during a period of time when the Sen- what life must have been like then. teeing to each of us as individuals the ate, in my opinion, was in session, fly There are many things that impress maximum amount of liberty. in the face of the principle of separa- any of us when we visit there. I remember Senator Byrd saying tion of powers and the concepts of One thing that especially impressed time and time again that the purpose checks and balances against an impe- me was the fact that, despite the beau- of the Senate, more than anything else, rial President. ty of the place and Washington’s love was a restraint upon the tyranny of the Let’s look for a moment at the his- for farming, he was gone from Mount executive branch of government. That tory and precedents of recess appoint- Vernon for 81⁄2 years during the Revolu- is our purpose as a Senate. ments. The exact length required for a

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.004 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S287 recess is not defined in the Constitu- tion 5 of the Constitution, which states was destined to fail. The vote in the tion, but according to the Congres- that ‘‘neither House, during the Ses- House of Representatives yesterday to sional Research Service ‘‘it appears sion of Congress, shall, without the repeal this insolvent program I hope that no President, at least in the mod- Consent of the other, adjourn for more will pave the way for the Senate to fol- ern era, has made an intra-session re- than three days, nor to any other Place low suit. My fear has been all along cess appointment during a recess of than that in which the two Houses that if we do not get this program off less than 10 days.’’ shall be sitting.’’ the books, at some point there will be Both parties have relied upon the ad- Last December when the House and an attempt to resurrect it. That would journment clause in Article I of the Senate agreed to adjourn, the Speak- be the absolute worst outcome and Constitution to argue that the absolute er—a Republican—and the majority worst scenario for the American tax- minimum recess period would conceiv- leader here—a Democrat—agreed the payer because this is a program that, ably be 3 days. two Chambers would hold pro forma even before it was voted on and added We can also look at the number of re- sessions for the express purpose of not to the health care bill, was predicted cess appointments made by recent going into recess. Yet the President would fail. Presidents. As of January 23 of this went ahead and made his appoint- The Congressional Budget Office said year, President Obama had made 32 re- ments. This is a dangerous trend. It is it would run deficits in the outyears. cess appointments, all to full-time po- a dangerous trend. The Actuary at the Health and Human sitions. At the same point in time in The major issue before our country is Services Department predicted that his first term, President Clinton had the Obama economy. That is what we this was a program that actuarially made nine recess appointments to full- will be talking about more than any- was unsound, could not be viable in the time positions. President Bush, at thing else in an election year. But lib- long run. It was here in the last few about the same time, had made 35. erty is the defining aspect of our Amer- months that finally the Secretary of So they all made recess appoint- ican character. If the President’s cur- Health and Human Services, Kathleen ments—appointments while the Senate rent actions were to stand as a prece- Sebelius, came out and said, ‘‘I do not was in recess. That is provided for spe- dent, the Senate may very well find see a viable path forward for CLASS cifically in the Constitution as some- that when it takes a break for lunch, implementation.’’ thing the President could do. But when it comes back, the country has a That was a statement she made back President Clinton never did it when new Supreme Court Justice. in the middle of October. So even the Congress was in session for less than 10 Because we believe in the importance person who was tasked with imple- days. President Bush never did it when of that constitutional system, all of us menting this program has now said Congress was in recess for shorter than on the Republican side insist on a full there is no viable path forward for 11 days. Now, unfortunately, President and complete debate on this issue. We CLASS. Obama has broken that precedent and intend to take this issue to the Amer- We ought to get this off the books. It made 4 appointments when we were in ican people. We will file amicus curiae was, in fact, a pay-for in the health a period of less than 3 days. briefs in all of the appropriate courts care bill. It was designed to help under- Why is that important? In 2007, the and we will take this issue to the most state the cost of the health care bill. It current majority leader of the Senate, important court in the land and that is front-end-loaded premiums, got rev- HARRY REID, decided the Senate did not the court of the American people on enue in the door early, knowing full want President Bush making recess ap- election day. well that when the demands for pay- pointments; that is, making appoint- I do not suggest that the President ments came later on that it was going ments while the Senate wasn’t in ses- will find, or even should find, his rela- to be upside down, and it was clearly a sion. So the Senate refused at that tionship with Congress to be easy or program that I think, by any account, time to enter into prolonged recesses. simple. George Washington did not. all who observed this process closely They invented the idea of pro forma re- President Washington once came up knew just flat out this would not work. cesses every 3 days. President Bush here to discuss a treaty with Senators But what was done—it obscured the strenuously objected to that, but he re- and became so angry that he said, and cost of the health care bill and helped spected that. He respected the con- this is Washington’s word, he’d be it to sort of balance out because it was stitutional authority of the Senate ‘‘damned’’ if he ever went there again. front-end loaded, saw revenues come in under article I, section 5 to determine The separation of powers does not in the early years before payments when the Senate is in session. mean an easy distribution of powers would have to go out in the outyears. On November 16, 2007, Senator REID but it is essential to the American I am hopeful the Senate will take the said: ‘‘With the Thanksgiving break character. We should remember that. A action that was taken by the House of looming, the administration has in- short trip to Mount Vernon would re- Representatives and end this once and formed me that they would make sev- mind us of that. The President’s recess for all. We have people on both sides of eral recess appointments.’’ appointments not only show disregard the aisle who have come to that con- Senator REID didn’t like the idea of for the Constitution, they show dis- clusion. There was a lot of debate, even recess appointments any more than we regard for every individual American in the runup, the lead-up to the health do. So he said: ‘‘As a result, I am keep- who chooses liberty over tyranny, care bill, about how this would not ing the Senate in pro forma to prevent President over King. work. I offered an amendment during recess appointments until we get back I yield the floor. the health care debate to strip it. We on track.’’ f had 10 Democrats at the time who The ACTING PRESIDENT pro tem- voted with me on that amendment. pore. The Senator has consumed 10 REPEAL THE CLASS ACT Many of them made statements regard- minutes. Mr. THUNE. Mr. President, I come to ing this legislation and the implica- Mr. ALEXANDER. I thank the Chair the floor today to laud the actions of tions if it were to pass. In fact, the and ask to be notified when I have con- the House of Representatives which Senator from North Dakota, the chair- sumed 3 minutes more. voted to repeal the CLASS long-term man of the Senate Budget Committee, On November 16, 2007, Senator REID care entitlement program that was cre- said at the time that this is ‘‘a Ponzi said: ated by the health care law. The vote scheme of the first order, the kind of As a result, I am keeping the Senate in pro yesterday in the House of Representa- thing that Bernie Madoff would have forma to prevent recess appointments until tives was 267 in favor of repeal. It was been proud of.’’ we get this process back on track.’’ a bipartisan vote. It was a clear, I He vowed to block its inclusion in And on July, 28, 2008 he said: ‘‘We think, message that this is a piece of the Senate bill. It ended up in the Sen- don’t need a vote to recess. We will just legislation that needs to be taken off ate bill and ended up in the overall bill, be in pro forma session. We will tell the the books. so to this day it is still a part of the House to do the same thing.’’ It was a disaster in the making from health care legislation but a part that The President is restricted, as Sen- the very beginning. Many of us tried to needs to be stripped out if we are going ator REID indicated, by article I sec- predict that ultimately this program to do what is in the best interests of

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.012 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S288 CONGRESSIONAL RECORD — SENATE February 2, 2012 the American taxpayer and not put yet It seems to me at least that the that there is broad bipartisan support another unfunded liability on the American taxpayers, the American for legislation that provides greater backs of our children and grand- people deserve to know where their transparency in Congress. The more children. elected officials stand on the CLASS important question at this point is We have a lot of bipartisan support Act. Are they for keeping this whether the executive branch is willing for repealing it. There are a lot of peo- unviable, insolvent, actuarially un- to play by the same rules. I mean, I ple who have weighed in against this, sound provision in the health care bill, think a lot of people out there want to who know it will not work. We have an which now even those who are tasked know why a venture capitalist who awful lot of outside interests as well with implementing it—the Health and raised hundreds of thousands of dollars who have observed, now, that this is Human Services Secretary, Kathleen for the President, only to end up over- not something that is sustainable over Sebelius—have said there is no viable seeing the administration’s green en- time. In fact, a lot of editorial pages path forward for its implementation? ergy loan program, should not be held around the country, newspapers have Are we going to continue to keep this to the same high standard as others. weighed in on this. The Washington around? Or are we going to have a vote Shouldn’t the President’s Chief of Staff Post: here in the Senate to put an end to this be held to the same standard as a legis- . . . a new gimmick that has been designed once and for all? lative director to a freshman Senator? to pretend the health reform is fully paid for. I hope the majority leader, Senator Let’s be honest, people are equally, if REID, will allow us to get this up for a That is something they said back not more, concerned about the kind of vote. It has been passed in the House of cronyism they keep reading about over when this was being debated. Representatives. It is very clear based The Wall Street Journal: at the White House and within the ex- on not only all the actuarial evidence ecutive branch agencies such as the De- Known by the acronym CLASS, the long- but all those who have looked at it who partment of Energy that it controls. term care insurance program for nursing are tasked with trying to put it into homes and the like was grafted onto the There is no question that Congress health-care bill mostly to hide that bill’s practice that it is not going to work. I should be held to a high standard, but true costs. hope before this goes any further we if we are going to pass new standards will get a vote here in the Senate that It has been described as ‘‘a budgetary here, the same standards should apply will echo what happened in the House time bomb.’’ to the White House and to the execu- of Representatives and that we will do It seems to make perfect sense to me, tive agencies that spend hundreds of the right thing by the American tax- and I hope to many of my colleagues, billions of dollars of taxpayer money at payer and get rid of a program that, if that we take the steps necessary to get the President’s direction. it ever is resurrected, if it ever is re- this program off the books once and for That leads to a larger point, which is incarnated in some form, would be a this: As long as the White House and all. In trying to justify this, there are terrible drain on American taxpayers, people who say we ought to keep it on the agencies it controls continue to not only today but well into the future, play favorites, this economy will never the books in case we figure out a way and represent yet another unfunded li- to go forward with it, to implement it. fully recover and the playing field ability that we will put on the backs of won’t ever be level. As long as Wash- It does not work. It cannot work. That our children and grandchildren. It is ington has this much say over the di- has been known from the very outset. time to end the CLASS Act once and rection of the economy, people won’t I want to mention something else the for all. Actuary, Rick Foster, said prior to it I am going to continue to press for a ever feel they are getting a fair shake. being voted on. He said: vote on this and I hope Majority Lead- So, yes, let’s hold Congress to a high standard, but the White House must be Thirty-six years of actuarial experience er REID will allow us to get a vote on lead me to believe that this program would repeal of the CLASS Act so the Amer- held to the very same standard. collapse in short order and require signifi- ican people do know exactly where Mr. President, I suggest the absence cant federal subsidies to continue. their elected officials stand and wheth- of a quorum. The ACTING PRESIDENT pro tem- I want to repeat that. This is from er they are going to stand on the side the person who studies the trends and of the taxpayer, stand on the side of pore. The clerk will call the roll. The legislative clerk proceeded to makes sure, or tries to make sure, common sense, or stand on the side of these programs are actuarially sound. call the roll. using this budgetary gimmick to un- Mr. GRAHAM. Mr. President, I ask Thirty-six years of actuarial experience derstate the cost of the health care bill unanimous consent that the order for lead me to believe that this program would and perhaps at some point in the future collapse in short order and require signifi- the quorum call be rescinded. put a plan in place that literally is not The PRESIDING OFFICER (Mr. cant federal subsidies to continue. going to work, is only going to con- BROWN of Ohio). Without objection, it That was the warning that was issued tinue to lead us on the pathway to is so ordered. way before the vote ever occurred on bankruptcy. Mr. GRAHAM. I ask unanimous con- the CLASS Act. I yield the floor. Mr. President, I suggest the absence sent to speak in morning business. He described it as ‘‘ . . . a classic ‘as- The PRESIDING OFFICER. Without sessment spiral’ or ‘insurance death of a quorum. The ACTING PRESIDENT pro tem- objection, it is so ordered. spiral.’ ’’ Those are words he used to de- Mr. GRAHAM. Please let me know scribe this. pore. The clerk will call the roll. The legislative clerk proceeded to when 5 minutes elapses. I will try to The program is intended to be ‘‘actuari- keep my comments short. ally’’ sound but at first glance this goal may call the roll. be impossible. Mr. MCCONNELL. Mr. President, I f These were all statements made by ask unanimous consent that the order CLASS ACT REPEAL for the quorum call be rescinded. the Actuary. The ACTING PRESIDENT pro tem- Mr. GRAHAM. Mr. President, the Those of us who were here at the pore. Without objection, it is so or- topic I wish to address is the CLASS time and were concerned about this dered. Act repeal being taken up by the being included in the health care bill House. I understand the HHS Secretary came to the floor and, as I said, I of- f has indicated that from her point of fered an amendment to strip it. It came RECOGNITION OF THE MINORITY view the CLASS Act will not work, and close to getting the necessary votes LEADER this is music to my ears. but unfortunately came short. It had The ACTING PRESIDENT pro tem- During the Obama health care de- broad bipartisan support but we recog- pore. The Republican leader is recog- bate, one of the revenue raisers was the nized at the time this thing was des- nized. CLASS Act wherein the Federal Gov- tined to fail. Now we have all this, the ernment would be in the long-term f studies that have been done since, that health care insurance business and, validate that by the objective third- THE STOCK ACT supposedly, would collect premiums party validators, if you will, by the Mr. MCCONNELL. Mr. President, I over a decade that would allow some- HHS Actuary. think it is pretty clear at this point thing like $80 billion in revenue that

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.014 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S289 would help pay for Obama health care. and do something about it with our delay, to work with our colleagues in However, eventually we would have to House colleagues. the House, and to reauthorize this honor the payments due to the people With that, I yield the floor and sug- most important bill. on the program. gest the absence of a quorum. Paul from Yorklyn, DE, wrote to say Senator CONRAD from North Dakota The PRESIDING OFFICER. The that as a father of two young daugh- called the CLASS Act a Ponzi scheme clerk will call the roll. ters, he worries that if the Violence of the first order because what we The assistant legislative clerk pro- Against Women Act is not reauthor- would be doing under the program is ceeded to call the roll. ized, then victims of sexual assault will collecting premiums for an insurance Mr. LIEBERMAN. Mr. President, I once again be subject to two traumas— product and using the money to help ask unanimous consent that the order first, horrific attacks and, second, try- pay for Obama health care. So when for the quorum call be rescinded. ing to pursue justice against their people are ready to get the services The PRESIDING OFFICER. Without attackers. they have paid for, there would be no objection, it is so ordered. Linda from New Castle, DE, had the money in the program to pay them be- Mr. LIEBERMAN. Mr. President, I courage to write me personally and cause it was used to offset Obama note the presence on the floor of the say: health care costs. It is just not a prac- distinguished Senator from Delaware, First of all, I am a victim and I am not tical idea. The costs would explode to whom I am pleased to yield. ashamed to say that [today]. over time. There would be adverse se- The PRESIDING OFFICER. The Sen- Linda’s willingness to lift the cloud lection. So it was an ill-conceived idea. ator from Delaware. of fear and shame that for so long en- The House is going to repeal it. The Mr. COONS. Mr. President, I thank veloped victims of domestic and dating HHS Secretary said they would not im- Senator LIEBERMAN. violence is brave and important in that plement the program. I hope the Sen- I ask unanimous consent to speak in she was able and willing to do that, but ate will allow repeal so we can take it morning business. she also highlights the ongoing chal- off the table and it is a reason for the The PRESIDING OFFICER. Without lenges we face. She described her hesi- Congress to revisit the Affordable objection, it is so ordered. tation to discuss abuse out loud and Health Care Act, Obama health care, f stressed the importance of talking because one of the components of the REAUTHORIZATION OF THE about these crimes in the open in order legislation relied upon the revenue to VIOLENCE AGAINST WOMEN ACT to break what she called the genera- be collected by the CLASS Act to off- tional curse. set the cost of Obama health care, try- Mr. COONS. Mr. President, I rise to ing to make it deficit neutral. That is speak on behalf of tens of thousands of As a son, as a husband, as a father, I no longer a viable option. The money Delawareans affected by domestic vio- too am deeply concerned about this to be collected by the CLASS Act is lence each year, as well as their fami- curse that has moved from generation never going to happen. So that money lies, their friends, and their allies to generation and has affected families cannot be used to make the legislation across our State and our country. all throughout this country’s history. deficit neutral. Just a few minutes ago, my col- Evils such as domestic violence This is a chance for the Senate, leagues on the Senate Judiciary Com- thrive in darkness. The Violence working with the House, to repeal the mittee took up the reauthorization of Against Women Act is a spotlight, and program. I think it would be wise for the Violence Against Women Act. It it deserves to be strengthened and sus- us all to sit down and try to reevaluate has earned strong bipartisan support tained by this Senate today and this what does this mean in terms of the vi- through the nearly two decades since year. ability of the Affordable Health Care its original passage, and it was voted The Violence Against Women Act re- Act because the assumptions made by out earlier today. quires reauthorization every 5 years. the CLASS Act are never going to Law enforcement agencies across this This signifies a belief that protecting come true. country are counting on us to move victims of domestic and dating vio- I have been working with Senator forward with the Violence Against lence is so important that we must re- THUNE for a very long time to keep this Women Act reauthorization, depending visit it to make sure we are getting it program from coming about. I would on the training and the resources to right. like to say this is a bipartisan moment, advocate for victims and to provide Each time we go through the process where we have stopped a program that critical and lifesaving interventions of reauthorizing this bill, we learn would have a devastating effect long that it funds. more about what is needed. This time term on the country’s finances and As I asked for input from Dela- around, that process, I believe, has re- would do very little to improve health wareans in the last few weeks, one of sulted in several critical enhance- care. the hundreds who took the time to ments; first, by bolstering the tools I wish to, one, congratulate the HHS write or call my office in strong sup- available to law enforcement. Along Secretary for understanding this pro- port of the reauthorization of VAWA with my friend and colleague Senator gram is unsound. I would like to make was a former New Castle County police BLUNT, I cochair the Senate Law En- sure it is repealed, and I think Con- officer. He e-mailed me to tell me he forcement Caucus. I am determined to gress should be the body to do that. had seen firsthand that dedicated re- ensure local agencies have the tools But this is good news for the taxpayer. sources and innovative policing meth- they need to support victims and to It is good news for the country as a ods made possible by VAWA made a prosecute abusers. This reauthoriza- whole that we are not going to allow a real difference in combating these tion will do just that. program to be created that is types of crimes and improving the lives Second, our review made clear that unsustainable, that is going to add to of victims. perpetrators find their victims the debt and do very little to take care The Violence Against Women Act has throughout our society without regard of our health care needs. It was a Ponzi been extraordinarily effective, with the for sexual orientation or gender iden- scheme. It is a Ponzi scheme that needs annual incidence of domestic violence tity. So the reauthorization that was to be buried politically, as soon as pos- falling by more than 50 percent since it passed out of the Judiciary Committee sible. was first passed. Yet we still have so just earlier today addresses that chal- I look forward to taking up the far to go. lenge by making this the very first House-passed legislation. I hope we can Just this week, I heard from hun- Federal grant program to explicitly get bipartisan support in the Senate to dreds of constituents in Delaware for state that grant recipients cannot dis- make sure what HHS Secretary whom this legislation has a deep and criminate on the basis of a victim’s Sebelius said never happens, that the resounding importance. From young status. Whether they are or are not a CLASS Act never becomes reality be- women in their twenties to senior citi- member of the LGBT community cause it is an unsound, unwise, poorly zens, Delawareans from all walks of life should be irrelevant to whether they constructed program, and this is a have reached out to ask us, as Members are able to access the vital services chance for the Senate to come together of the Senate, to take action without funded by the VAWA.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.008 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S290 CONGRESSIONAL RECORD — SENATE February 2, 2012 Finally, this reauthorization recog- Mr. REID. Mr. President, I ask unan- Act, each agency or department of the Exec- nizes our current difficult fiscal situa- imous consent that the order for the utive branch and each independent agency tion as a country and promotes ac- quorum call be rescinded. shall comply with the provisions of section 8, except that the provisions of section 8 shall countability to make sure these dollars The PRESIDING OFFICER. Without not apply to a member of a uniformed serv- are well spent. It reduces authorization objection, it is so ordered. ice for which the pay grade prescribed by levels while protecting the programs f section 201 of title 37, United States Code is which have been most successful. This O-6 or below. UNANIMOUS CONSENT VAWA reauthorization merges 13 exist- Mr. REID. Mr. President, the mere AGREEMENT—S. 2038 ing programs into 4 streamlined and fact that we now have the right to vote consolidated programs. This will pre- Mr. REID. Mr. President, I ask unan- doesn’t mean people have to have re- vent wasted time and effort and make imous consent that the following corded votes. There are other ways of the application and administrative amendments listed below be the only rejecting or approving amendments. I processes more efficient. amendments remaining in order to the hope people will talk to Senators LIE- I am honored to be joined today by bill before the Senate, S. 2038: BERMAN and COLLINS and find out if an old and dear friend, a former coun- Lieberman No. 1482; Paul No. 1484; there needs to be a recorded vote on tywide-elected official, Paulette Paul No. 1487; Lieberman side-by-side these matters. I appreciate the co- Moore, now vice president of public to Shelby amendment No. 1491; Shelby operation of both sides. policy for the National Network to End No. 1491, as modified; Lieberman side- f Domestic Violence. I am grateful to my by-side to Paul No. 1485; Paul No. 1485, dear friend Carol Post, who leads the as modified; Collins side-by-side to STOP TRADING ON CONGRES- Delaware Coalition Against Domestic Boxer No. 1489; Boxer-Isakson No. 1489; SIONAL KNOWLEDGE ACT OF 2012 Violence, and my friend Amy Barasch, Portman No. 1505; Enzi No. 1510; The PRESIDING OFFICER. Under a tireless advocate in the ongoing ef- Blumenthal No. 1498; Toomey-McCas- the previous order, the Senate will re- forts to bring to light the challenges of kill No. 1472; Inhofe No. 1500; McCain sume consideration of S. 2038, which domestic violence in the State of New No. 1471; Leahy-Cornyn No. 1483; the clerk will report. York. Coburn No. 1473; DeMint No. 1488; The bill clerk read as follows: There are folks all across this coun- Grassley No. 1493; Brown of Ohio No. A bill (S. 2038) to prohibit Members of Con- try who turn to this task week in and 1481, as modified; that all other pend- gress and employees of Congress from using week out. It is long and tiring and dif- ing amendments be withdrawn, with nonpublic information derived from their of- ficult work, but it is uplifting because ficial positions for personal benefit, and for the exception of the substitute amend- other purposes. it is part of making this a more just, ment; that the time until 2 p.m. be for Pending: more safe, and more secure nation. debate on the bill and amendments, It is important for me to note that, Reid amendment No. 1470, in the nature of with the time equally divided between a substitute. unfortunately, some of my colleagues the two leaders or their designees; that Reid (for Lieberman) amendment No. 1482 on the other side of the aisle see the at 2 p.m., the Senate proceed to votes (to Amendment No. 1470), to make a tech- enhancements I just referred to in this in relation to the amendments in the nical amendment to a reporting require- reauthorization as a reason to abandon order listed; that there be no amend- ment. their long-term support for it, even ments or points of order to any of the Brown (OH) amendment No. 1478 (to though they have been strong backers amendments prior to the votes other amendment No. 1470), to change the report- ing requirement to 10 days. of VAWA in the past. In fact, the vote than budget points of order; that the Brown (OH)/Merkley modified amendment we just took in the Judiciary Com- following be subject to a 60-vote af- No. 1481 (to amendment No. 1470), to prohibit mittee was 10 to 8. It only narrowly firmative threshold: Paul No. 1487; Col- financial conflicts of interest by Senators passed. I hope our friends on the other lins side-by-side to Boxer No. 1489; and staff. side of the aisle will review the details Boxer No. 1489, as modified; Toomey amendment No. 1472 (to amend- of these changes one more time and see Blumenthal No. 1498; Toomey-McCas- ment No. 1470), to prohibit earmarks. their way clear to join us in this effort Thune amendment No. 1477 (to amendment kill No. 1472; Inhofe No. 1500; McCain No. 1470), to direct the Securities and Ex- to strengthen and sustain the Violence No. 1471; Leahy No. 1483; DeMint No. change Commission to eliminate the prohibi- Against Women Act. It is and should 1488; Grassley No. 1493; and Brown No. tion against general solicitation as a re- remain a bipartisan bill and a bipar- 1481; further, that Coburn amendment quirement for a certain exemption under tisan effort. No. 1473 be subject to a two-thirds af- Regulation D. My predecessor in this seat, our great firmative vote threshold; that there be McCain amendment No. 1471 (to amend- ment No. 1470), to protect the American tax- Vice President, JOE BIDEN of Delaware, two minutes equally divided in between took an absolutely central leadership payer by prohibiting bonuses for Senior Ex- the votes; that all after the first vote ecutives at Fannie Mae and Freddie Mac role in writing and passing the first Vi- be 10 minutes in duration; that upon while they are in conservatorship. olence Against Women Act in one of disposition of the amendments listed, Leahy/Cornyn amendment No. 1483 (to the most enduring legacies of his 36- the substitute amendment, as amend- amendment No. 1470), to deter public corrup- year Senate career, representing Dela- ed, if amended, be agreed to, and the tion. ware and advocating for women all Senate then proceed to vote on passage Coburn amendment No. 1473 (to amend- over this country. ment No. 1470), to prevent the creation of du- of the bill, as amended. plicative and overlapping Federal programs. His efforts broke barriers and laid The PRESIDING OFFICER. Is there Coburn/McCain amendment No. 1474 (to the groundwork for this current bill. objection? Without objection, it is so amendment No. 1470), to require that all leg- But it is up to all of us to keep pushing ordered. islation be placed online for 72 hours before tirelessly for Federal, State, and local The amendment No. 1491, as modi- it is voted on by the Senate or the House. governments to do more to save lives fied, is as follows: Coburn amendment No. 1476, in the nature of a substitute. and to serve victims. At the end of the amendment, insert the I urge my colleagues to come to- Paul amendment No. 1484 (to amendment following: No. 1470), to require Members of Congress to gether and promptly pass the reauthor- SEC. 10. PROMPT REPORTING AND PUBLIC FIL- certify that they are not trading using mate- ization of the Violence Against Women ING OF FINANCIAL TRANSACTIONS rial, non-public information. Act. Thank you to the men and women FOR EXECUTIVE BRANCH. Paul amendment No. 1485 (to amendment of this country who work so hard to (a) TRANSACTION REPORTING.—Each agency No. 1470), to apply the reporting require- end this terrible scourge of domestic or department of the Executive branch and ments to Federal employees and judicial offi- violence in our country. each independent agency shall comply with cers. I yield the floor, and I suggest the ab- the provisions of sections 6 with respect to Paul amendment No. 1487 (to amendment any of such agency, department or inde- No. 1470), to prohibit executive branch ap- sence of a quorum. pendent agency’s officers and employees that pointees or staff holding positions that give The PRESIDING OFFICER. The are subject to the disclosure provisions them oversight, rule-making, loan or grant- clerk will call the roll. under the Ethics in Government Act of 1978. making abilities over industries or compa- The assistant legislative clerk pro- (b) PUBLIC AVAILABILITY.—Not later than 2 nies in which they or their spouse have a sig- ceeded to call the roll. years after the date of enactment of this nificant financial interest.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.010 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S291 DeMint amendment No. 1488 (to amend- allowing everybody to feel as if they fiscally responsible and transparent ment No. 1470), to express the sense of the are participating in the democratic earmarking process we have estab- Senate that the Senate should pass a joint process, not moving for cloture, shut- lished. resolution proposing an amendment to the ting off debate, and filling the tree, but Constitution that limits the numbers of Hawaii is a long way from the Cap- terms a Member of Congress may serve. allowing us to stay late and work to- ital City. It is simply not possible for a Paul amendment No. 1490 (to amendment gether in a bipartisan manner to work bureaucrat here in Washington to un- No. 1470), to require former Members of Con- through the amendments, allowing me derstand the needs of my home State gress to forfeit Federal retirement benefits if and Senator COLLINS, and on their side, as well as I do. And I believe such is they work as a lobbyist or engage in lob- Senators LIEBERMAN and GILLIBRAND, the case with all 50 States. Each one is bying activities. to call individual Members and say: unique, each one has individual chal- Blumenthal/Kirk amendment No. 1498 (to You have four amendments up; which amendment No. 1470), to amend title 5, lenges, and each one has issues that United States Code, to deny retirement bene- ones do you want? Is there a modifica- cannot be fully understood by civil fits accrued by an individual as a Member of tion or can we combine them with servants located thousands of miles Congress if such individual is convicted of other similar amendments? That is away. certain offenses. how it should work. This amendment has nothing to do Shelby amendment No. 1491 (to amendment This is what I have been saying for with lowering the deficit. Let me state No. 1470), to extend the STOCK Act to ensure the last 2 years and why I have con- that again. Eliminating earmarks will that the reporting requirements set forth in tinuously moved to work across the not save a single penny in spending. It the STOCK Act apply to the executive aisle: to allow that democratic process branch and independent agencies. will simply take decisions that were Inhofe/Hutchison amendment No. 1500 (to to work. rightfully made by Congress and dele- amendment No. 1470), to prohibit unauthor- I am thankful we are here. These are gate them to the executive branch. ized earmarks. some tough votes, but we are the Sen- In truth, this is a political amend- Boxer/Isakson amendment No. 1489 (to ate. We should be taking tough votes. ment meant to give cover to those who amendment No. 1470), to require full and That is why the people sent us here. I seek to mislead the American people complete public disclosure of the terms of am thankful that we can send the mes- home mortgages held by Members of Con- into thinking earmarks are responsible sage to the American people that we for our current deficit, and that simply gress. are trying to reestablish that trust Tester/Toomey amendment No. 1492 (to is not the case. Our deficit is driven by that seems to have been lost with them amendment No. 1470), to amend the Securi- entitlement spending that is rising at a ties Act of 1933 to require the Securities and by moving on the STOCK Act. rate three times that of inflation, not There are other issues we are taking Exchange Commission to exempt a certain by discretionary spending that is now up. I hope they are just as thoughtful class of securities from such act. capped at less than the rate of infla- Tester/Cochran amendment No. 1503 (to and methodical and respectful. I hope tion. Our deficit is driven by the fact amendment No. 1470), to require Senate can- we are going to do the postal bill next. that revenues are at their lowest level didates to file designations, statements, and It is something Senators LIEBERMAN, in 50 years. A permanent ban on ear- reports in electronic form. COLLINS, CARPER, and I have spear- marks addresses neither of these mat- The PRESIDING OFFICER. The time headed. It is a solid bill and a good ters. until 2 p.m. is equally divided. framework. If we allow it to move for- Madam President, finally, I note for The Senator from Connecticut. ward and everybody has their say and my colleagues that the voluntary mor- Mr. LIEBERMAN. Mr. President, I their day in the Sun, and we do as we atorium in appropriations bills for fis- thank the majority leader. I thank have done today, we will have another cal year 2012 was 100 percent successful, Senator COLLINS, Senator BROWN of good deed and, who knows, maybe we and the committee will continue the Massachusetts, Senator GILLIBRAND, will be in double figures in terms of the moratorium for fiscal year 2013. Prior and a lot of others, who have worked to approval rating pretty soon. get us to this point where we can do I suggest the absence of a quorum. to the moratorium taking effect, the two things. Most important to those of The PRESIDING OFFICER. The Appropriations Committee had to put us who have worked on the STOCK Act clerk will call the roll. into place a series of reforms that en- is that we are now in a position this The bill clerk proceeded to call the sured openness and transparency for afternoon of adopting a clear state- roll. earmark requests. Every earmark re- ment that Members of Congress and Mr. INOUYE. Madam President, I ask quest was posted online. Every ear- our staffs are covered by anti-insider unanimous consent that the order for mark that was approved was listed trading rules and that we can also pro- the quorum call be rescinded. along with the sponsor’s name in com- vide for fuller disclosure by Members, The PRESIDING OFFICER (Mrs. mittee reports and posted online. There making it accessible to the public on- HAGAN). Without objection, it is so or- were no secrets and no backroom deals. line. dered. The reality is that without congres- Instead of coming to a point where AMENDMENT NO. 1472 sional earmarks, we find ourselves at the system broke down again and Sen- Mr. INOUYE. Madam President, I the mercy of the bureaucrats to ensure ator REID being forced to file a cloture rise today to speak against the Toomey that our local needs are fulfilled. If we motion, we worked out an agreement amendment that would impose a per- approve this amendment, from now on here, people were reasonable, and there manent ban on congressional initia- earmarks will be at the sole discretion will be votes on a number of germane tives or earmarks. of the executive branch. Local needs amendments—and some that are not, The Constitution grants to the Con- will either go unmet or will be included but we have agreed to a 60-vote thresh- gress the power of the purse. There is through deals made between our elect- old. no authority more vital to the separa- ed officials and the White House or This is the way I think the Senate is tion of powers than the one that pre- unelected bureaucrats. No longer will supposed to work. Some of these votes vents the executive branch from di- we show the American people what ear- will be controversial, some difficult. rectly spending the tax dollars col- marks we are funding and why. In- But that is why we are here. I thank lected from its citizens. Depriving the stead, they will be part of a tradeoff be- everybody who was part of getting to Congress of the ability to direct money tween Members and bureaucrats—a this point. to specific projects does not save bridge in return for support of a trade I note the presence of the Senator money or reduce the deficit; it simply agreement. from Massachusetts, Mr. BROWN, and I gives additional power to the President By permanently banning earmarks, yield to him. and weakens the legislative branch. the spending decisions will move from Mr. BROWN of Massachusetts. Mr. As I stated when I announced the ini- the transparent process to discussions President, I also stand and commend tial moratorium on appropriations ear- that are hidden from the public. So we the majority leader for allowing this marks last February, I continue to sup- face a choice between an open and process to unfold in a thoughtful and port the constitutional right of Mem- transparent method for allocating tar- fair manner, the way it should. We are bers of Congress to direct investments geted funding or one that will be done starting the new year off correctly and to their States and districts under the with phone calls, conversations, winks,

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.017 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S292 CONGRESSIONAL RECORD — SENATE February 2, 2012 and nods. One method allows for ac- American taxpayer to limit ongoing this. I am the first to admit that there countability and another leaves us all legal exposure by settling the tribe’s has been a lot of abuse in the earmark at the whim of unelected bureaucrats. water rights claims. Effectuating the process. I don’t want to take sides be- I urge my colleagues to vote against terms of such a settlement requires tween authorizers and appropriators, the Toomey amendment. This amend- congressional review and approval. but I can remember several times here ment will serve to deprive the Congress Congress will undoubtedly employ the on the floor when appropriations bills of essential congressional prerogatives. searching scrutiny required to under- are coming through, when people are It has no impact on the debt, and it is stand whether the settlement is in the legislating on appropriations bills, simply designed to give political cover best interests of the American people. when they are swapping out deals. That to those who refuse to address the core Such settlements, however, are not is the kind of thing we want to stop. I drivers of our fiscal imbalance—lack of amenable to a formula-driven or com- think we have an opportunity to do revenues and ever-increasing entitle- petitive award process. Rather, the set- that today. ment spending. tlements must be addressed and nego- I have an amendment. It is my under- I yield the floor, Madam President, tiated if and when the claims are as- standing, the way the amendments are and I suggest the absence of a quorum. serted against the United States. stacked up, there is going to be a vote The PRESIDING OFFICER. The Congressionally enacted Indian water on the Toomey amendment and then a clerk will call the roll. rights settlements have not previously vote on my amendment. Let me talk a The bill clerk proceeded to call the fallen within the earmark moratorium. little bit about how long we have been roll. In that vein, I want to confirm with my working on this issue. Mr. INOUYE. Madam President, I ask colleague from Pennsylvania that the Way back in 2007, I gave a talk to the unanimous consent that the order for Earmark Elimination Act does not re- Grover Norquist group. It was on July the quorum call be rescinded. strict Congress’s authority to protect 25, 2007. I gave the Senate history of The PRESIDING OFFICER. Without taxpayers by limiting the exposure of the 200-year fight between appropri- objection, it is so ordered. the United States to similar legal chal- ators and authorizers. Mr. INOUYE. Madam President, on lenges. In 1816 responsibilities between au- behalf of the Leader, I ask unanimous The PRESIDING OFFICER. The Sen- thorizing versus appropriating had consent that any time spent in quorum ator from Pennsylvania. been debated. In that year the Senate calls be equally divided between the Mr. TOOMEY. Madam President, the created the first 11 permanent standing two sides. Senator from Arizona is absolutely cor- committees. The PRESIDING OFFICER. Without rect. The Earmark Elimination Act is I think most people understand that objection, it is so ordered. not intended to preclude Congress from we in the Senate, each one of us is on Mr. INOUYE. I thank the Chair, and effectuating legal settlements, such as at least two standing committees. I suggest the absence of a quorum. Indian water rights settlements, that Many of these are authorizing commit- The PRESIDING OFFICER. The resolve claims against the United tees or appropriating committees. clerk will call the roll. States. This body must maintain its Mine happened to be authorizing com- The bill clerk proceeded to call the ability to avoid costly litigation and to mittees. My two major committees I roll. limit the legal exposure of the United have been on since serving in the Sen- Mr. KYL. Madam President, I ask States in a manner that ultimately ate are the Senate Armed Services unanimous consent that the order for benefits American taxpayers. Committee and the Environment and Mr. KYL. I thank my colleague from the quorum call be rescinded. Public Works Committee. Both are au- Pennsylvania. I concur with my col- The PRESIDING OFFICER. Without thorizing committees. league in expressing a commitment to objection, it is so ordered. What is significant about this is that ensuring that these positive efforts to Mr. KYL. Madam President, I rise to there has always been a fight. This is reform the earmark process do not re- speak on the pending Toomey amend- not a new fight. People think this is sult in an unintended consequence ment, an amendment that we will be just going on today. This has been whereby Congress’s efforts to settle voting on here after a little bit, amend- going on literally since 1816. legal claims against the United States ment No. 1472, known as the Earmark In 1867 the Senate created the Appro- Elimination Act. are subject to a point of order. I thank my colleague from Pennsyl- priations Committee. The purpose of I thank Senators TOOMEY and MCCAS- vania for his efforts, and I suggest the that was to have the tax writing put in KILL for continuing this important dis- absence of a quorum. the Finance Committee and then have cussion and commend them as well as The PRESIDING OFFICER. The the appropriating committee as a sepa- numerous other Senators, including clerk will call the roll. rate committee—keeping those func- my colleague from Arizona, Senator The bill clerk proceeded to call the tions divided. Here it is now a couple of MCCAIN, and Senators COBURN and roll. hundred years later and we are still DEMINT, who have championed reforms Mr. INHOFE. Madam President, I ask trying to do the same thing. Today to Washington’s earmark culture. The unanimous consent that the order for may be the day we can do it, and my concern, as noted by Senators TOOMEY the quorum call be rescinded. amendment actually would do that. and MCCASKILL, is that the earmark The PRESIDING OFFICER. Without In 1921—I am reading notes from the process lacks transparency and scru- objection, it is so ordered. speech I made in 2007 at the Grover tiny. I support their efforts to reform Mr. INHOFE. I ask unanimous con- Norquist event—in 1921 the Senate the process in a manner that reflects sent that I be recognized for as much passed the Budget and Accounting Act the principles of our Founders and the time as I consume and that at the con- of 1921. The Senate tried to ensure that trust the American people instill in us clusion of my remarks, the Senator authorizing had to take place in a sepa- to represent them. from Ohio be recognized for such time rate committee. I wish to confirm, however, that this as he consumes. There we go. That is what we are effort does not restrict Congress’s abil- The PRESIDING OFFICER. Without talking about today. My amendment ity to protect the American taxpayer objection, it is so ordered. actually resolves the problem because from unnecessary expenses and signifi- AMENDMENT NO. 1500 it defines an earmark as an appropria- cant legal exposure. In certain situa- Mr. INHOFE. Madam President, we tion that hasn’t been authorized. In a tions, the United States is required to are going to have a number of votes on minute, I am going to talk about that fulfill legal obligations. For example, amendments this afternoon. I think it because there is a lot of support for the United States must resolve water is important that we look at this in that currently that should be consid- rights claims that American Indian historic perspective. I am referring to ered. tribes assert against the United States the amendments and the meaning of Let me use my committees as an ex- and other water users within an af- the Toomey amendment, which I think ample. If we were to do away with all fected State. In those instances, as is is very significant. earmarks as they are described in the common in other litigation, it is in the As most people think about ear- House bill, the earmarks would actu- interest of the United States and the marks, yes, we want to do away with ally be defined as any appropriation or

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.019 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S293 authorization. That gets into the huge It depends on how it is going to be in- ber 2010—we talked about the Constitu- question we will talk about in a terpreted, but the way I interpret it, it tion and how it restricts spending only minute—what our Constitution says. It would mean we cannot change what to the legislative branch and specifi- says we, the House and the Senate, the President sends down because that cally denies that honor to the Presi- should do the spending or the appro- would be called a congressional ear- dent. priating. This has been this way for a mark. Some might argue and say: No, We take an oath of office— long time. it is that only if it happens to be in I am reading now from a statement I I am hoping Members will go back your district or something like that. made on the floor a year and a half and read Joseph Story and some of the That is not what it says, though. The ago. great people in the past who have way it is defined is anything that We take an oath of office to uphold the talked about why it is necessary for all would be an authorization or an appro- Constitution of the United States. That the authorizing and the spending to priation. means that we take an oath of office to up- take place in this body, in the Senate So we had the example there in the hold article I section 9 of the Constitution. and in the House. If that does not hap- Armed Services Committee, and one of What does that say? That says that pen, we are going to be in a position the unintended consequences would the spending in our government should where we are giving our function to the be—I will just use this as an example. be confined to the legislative branch. President. We are ceding our constitu- I can remember back in the days, I am That is us. If you go and look in the tional obligation to the President—in old enough to remember back when Federalist Papers, it talks about this. this case, President Obama. Reagan was President and nobody be- Over and over, judges without excep- Back in the time I was making this lieved we would ever have a problem tion have reinforced this as the con- speech initially, I talked about such with people sending over a missile with stitutional obligation we have. things. I mentioned this on the floor some type of a weapon on it that would Sometimes I miss Senator Bob Byrd yesterday. A lot of people do not under- be very destructive to America, nor did more than other times, and this is one stand. The budget that comes to us is a they believe it would be possible, if a of the times I do. I can hear him stand- ing on the floor saying: Why is it we budget from the President. It is not missile were coming in, that we could are giving up our constitutional right? from Congress, not from the House, not knock down that missile. Well, we have Remember he used to carry around the from the Senate, not from the Demo- now settled that. Everyone knows you Constitution? He would hold it up. I crats, not from the Republicans, it is can hit a bullet with a bullet. We have from the President. The President is wish he were here today so he could done it before. We are doing a good job. talk about article I, section 9 of the the guy who sends the budget down. I We also know after having gone Constitution and how we are ceding am so critical of this President because through 9/11 that we should have at the every one of these budgets now—we that authority to the President. very top of our concern as representa- I mentioned yesterday that one of have just gotten the fourth budget— tives of this country to defend America the problems I have with a permanent has a deficit of over $1 trillion. Un- and to have an enhanced system. So we moratorium without a definition of heard of. I can remember back in the had a policy that we wanted to have a what an earmark is—one of the prob- days—1996 was the first $1.5 trillion redundancy in all three phases of mis- lems we have in giving the President, budget. That was during the Clinton sile defense. In missile defense, you ceding our authority to him—and there administration. I remember coming have three phases—a boost phase, a is no better example—a lot of us got down to the floor and saying: We can- midcourse phase, and a terminal quite upset in this body when the not sustain this level of spending. That phase—and we want to have that. So President had his $800 billion-or-so was $1.5 trillion to run the entire when we are addressing that, if the stimulus plan. Remember the stimulus United States of America. What Presi- President comes in with something plan that didn’t stimulate and he spent dent Obama has sent down is $1 trillion that doesn’t follow that redundancy, all this money? And when he signed it, to $1.5 trillion in each of his budgets, we could be in a position where we he was talking about how this was just deficit alone. We can’t continue to would not be able to do what is in the going to stimulate. As it turned out, do that. best interests of the country. only 3 percent went into roads, high- I am on the Armed Services Com- I am not the only one who believes ways, and so forth, and only 3 percent mittee. It is an authorizing committee. that when we say we want an outright into defending America. When he It is a committee staffed with experts ban on all spending—and that is what signed it, President Obama said: What in every area—missile defense, strike we are saying, an outright ban on all I am signing then is a balanced law fighters—all of that having to do with spending—there is an article that I with a mix of tax cuts and invest- defending America. Of course, when the took out of the Hill Magazine—that ments. It has been put together with- budget comes down, historically—I am would have been about 3 or 4 years out earmarks or the usual porkbarrel talking about historically from 100 ago—saying ‘‘Lobbyists Hitting Up spending. So, anyway, we had such ex- years ago—we have taken that budget Agencies As Earmark Rate Drops.’’ In amples of earmarks. and analyzed that budget. The Chair is other words, as we quit spending here, In fact, I remember on Sean fully aware of this because she sits on it does not save a cent. That money Hannity’s program, he had the 102 most that committee. We determine what is goes back into the bureaucracy, and egregious earmarks. In those earmarks the best way to spend the given num- they are spending it at that point. So was $219,000 to study the hookup and ber of dollars that come down in the that puts us in the position of, admit- behavior of female college co-eds in budget to best defend America. tedly, what they are talking about— New York; $1 million to do fossil re- The example I used yesterday was in they are actually lobbying the bureau- search; $1.2 million to build an under- one of the first budgets that came crats as opposed to Members because pass for deer crossing in Wyoming. down. I think it was the first budget that is where all the power is. In other There were 102 egregious earmarks and from President Obama. It had one item words, we have ceded that power. not one of them was a congressional that was a $330 million item that was I can see a lot of the Democrats earmark. They are all bureaucratic for a launching system that was re- wanting to pass an all-out ban on con- earmarks. We ceded that so the Presi- ferred to as a box of rockets—a good gressional earmarks because they are dent, through our action, was able to system, I might add, but with the supporting Obama. Obama wants to do do all those things he could not other- scarce dollars we made a determina- the spending. They want him to do wise do. tion in the Armed Services Committee that. I understand that, and I heard I have a longer list that I ask to be that we could take that same $300 mil- from some of the Democrats who do made a part of the RECORD at this point lion and instead of spending it on a not agree with that, and I appreciate in my presentation, which includes launching system, spend it on six new their making that statement on the about 10 or 15 other egregious ear- F–18 strike fighter aircraft. And we did floor. marks. that. That is what we should be able to But I think as we address this and go There being no objection, the mate- do. But if you have an earmark ban, back to things that we did on the floor rial was ordered to be printed in the then you would not be able to do that. a year and a half ago—this was Novem- RECORD, as follows:

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I am very critical of what Obama 2. $8,408 to a university to study whether parent and honest way subject to eval- has done in terms of the deficits, which mice become disoriented when they consume alcohol. uation by an authorizing committee. we have already talked about, in terms 3. $712,883 to develop ‘‘machine generated That is exactly what my amendment of what he is doing to the military. humor’’ in Illinois. does. I talked to Senator TOOMEY, and Some trillion dollars over a period of 10 4. $325,394 to study the mating decisions of I appreciate the fact that he is very years would be taken out of our mili- Cactus bugs in Florida. open about this. I will repeat that: tary. When you add his budget to the 5. $500,000 to Ohio to purchase recycling Some things ought to be funded, but sequestration, that is something that bins with microchips embedded inside of they should be funded in a transparent should not happen. them. and honest way subject to evaluation With energy, right now the President 6. $800,000 to a company in Arizona to in- is going around talking about how he is stall motion sensor light switches. by an authorization committee. That is 7. $25,000 for socially conscious puppet my amendment. A definition of an ear- for developing energy in this country, shows in Minnesota. mark is spending or appropriating and yet he is the obstacle to the devel- 8. $1 million to research fossils in Argen- without authorizing. opment. He is the one who has in his tina. Last year Senator COBURN said: ‘‘It is budget the various things that make it 9. $500,000 to study the impact of global not wrong to go through an authoriza- very difficult, if not impossible, to get warming on wild flowers in a Colorado ghost tion process where your colleagues can our resources that we have out there in town. actually see it. It is wrong to hide oil and gas. 10. $150,000 to develop the next generation something in a bill . . . .’’ Amen. I In fact, it is kind of humorous and football globes in Pennsylvania. 11. $1.2 million to build a deer underpass in agree with that. I said earlier, and I very clever of the President. Last week Wyoming. said yesterday, I can remember Demo- during his State of the Union message 12. $50,000 to resurface a tennis court in crats and Republicans on consideration the President was talking about want- Montana. of appropriations bills sitting on the ing to exploit all of our natural gas 13. $15,000 for a storytelling festival in floor, swapping out deals, making deals when he slipped in a little phrase that Utah. back and forth. That is what we want hardly anyone heard. I know Senator 14. $14,675 for doormats at the Department to do something about, and this is not BOXER heard it because she was next to of the Army in Texas. a partisan thing. This is something me, and we disagree on this whole 15. $10,000 for the Colorado Dragon Boat Festival. that has been going on, and we have a issue. He said: We want to go after this way now of doing it. type of formation, all the shale that is Mr. INHOFE. As it turned out, the Senator MCCAIN was kind enough to out there, but we don’t want to poison President was the one who did the ear- endorse a freestanding bill I had that the ground at the same time. Well, marks of the $800 billion stimulus pro- does the very thing of defining an ear- what he is talking about there is hy- gram. mark as an appropriation that has not draulic fracturing. If you take away Again, getting back to article I, sec- been authorized. Senator MCCAIN said: hydraulic fracturing, as he is trying to tion 9: Some earmarks are worthy. If they are do, and put that in the hands of the No Money shall be drawn from the Treas- worthy, then they should be author- Federal Government, then you might ury, but in Consequence of Appropriations ized. Authorized, there is the key, and as well say goodbye to all these types made by Law. Senator MCCAIN is exactly right. If you of formations, oil and gas. We would The law, that is us. We are the legis- authorize it, then that is the process not be able to do it. So I am critical of lative branch of government. That is we want. When an earmark is consid- him in that respect. what we are supposed to do. I think ev- ered by an authorization committee be- In the fourth area, in addition to eryone understands that. It is unin- fore it is appropriated, real trans- what he is doing to the military, the tended, and I know a lot of people out parency is brought to the process. deficit spending, and energy in this there would say, well, we want to kill In fact, I remember it was Senator country is regulations. I am the rank- all earmarks, without stopping to COBURN who said on the floor—and this ing member of the Environmental and think that that is all spending and that is about a year and a half ago—he Public Works Committee, with all of is our constitutional duty. agreed with me and said one good thing these MACT programs—that is MACT, I would say if we continue on making about requiring an authorization be- maximum achievable control tech- permanent and current moratoriums fore an appropriation is that then if it nology. He is trying to do away with on congressional earmarks, then we are is a bad one, we have two chances to emission requirements where there is limiting our ability to govern with the kill it. Senator COBURN is right. We can no technology to get into that type of President. If all we are doing is hand- kill it in the authorization phase or we requirement. So it is very expensive. ing the President pots of money and re- can kill it in the appropriations phase. The other thing he is trying to do— quiring that he have competitive The example I use is a good example and I know this is the most controver- grants to disburse the funds, then we in terms of what we and the Armed sial issue among liberals and conserv- are washing our hands of the outcome. Services Committee should be doing atives—and that is we were able to suc- There is no light or transparency in- and are not doing. But I would say to cessfully stop this whole global warm- herent to the Federal grant-making you that this afternoon when we have ing cap-and-trade legislation that has process. So what we are doing is giving these votes—it is my understanding we been out there ever since we refused to up our constitutional responsibility in are going to have around 20 votes. A lot ratify Kyoto. It was made very clear ceding that to the President. of these will be voice voted, I am sure. that there is one thing nobody argues It could be that things are going to But the two votes I am concerned with—we know it is true—if you were be refined, with further definitions, and about are, No. 1, the vote on the to have legislation for cap and trade, I have no objection to that. But I am Toomey bill, which I support, but I the cost would be between $300 billion saying we have one very simple solu- support it if you can define it and and $400 billion a year. We know that is tion to it. When the votes come up make real transparency set in by hav- true. That has come from the MIT, it today, I will announce right now, if we ing the authorization process in place. has come from the CRA, and it has don’t have a definition of earmark, I would only say that we go back to come from the Wharton School. That is then I would vote against a permanent the Constitution. As I mentioned, let’s the range they talk about. However, moratorium on earmarks because that go back to the statements that were now this President is trying to do by is our constitutional responsibility. made by Senator TOOMEY, Senator regulation what we have voted down in My amendment is a little bit dif- MCCAIN, and Senator COBURN, that we legislation. ferent, because what I do is define what want transparency and we don’t want Right now in this body of 100 Sen- an earmark is, and an earmark is de- to cede the power of our constitutional ators, there are at the very most 25

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We will talk more about that I will repeat that: In no way does this vesting in broadly held funds or a blind later, but the issue right now is the affect your ownership in your family trust will keep us in touch with soci- two votes that are coming up. farm or small business. If you are set- ety. It is not a retreat from the U.S. I would encourage us to vote for my ting up a blind trust, you can instruct economy. Instead it will keep us from amendment, which would define an ear- the trustee to hold onto your stock in picking winners and losers. It will show mark as an appropriation that has not your family company. This rule would the public that our focus is on policies been authorized. I have read to you be similar to steps that have already that will help grow the economy. quotes from virtually everyone in here been taken to address financial con- Again, I am not accusing any of my who would agree with that, except for flicts of interest or at least the appear- colleagues, if they own an oil stock, of those individuals who want to cede this ance of financial conflicts. voting for more tax breaks for the oil power to the President of the United Senate Ethics rule 37.7 requires com- industry. I am not saying they do that; States. mittee staff making more than $25,000 I am saying there is the appearance I yield the floor, and I understand per year—way more strict than our that some of them might do it. under unanimous consent that the Sen- amendment in that way—‘‘to divest We need to remember that public ator from Ohio would be the next himself [or herself] of any substantial service is a privilege. Folks around speaker. holdings which may be directly af- Washington are already paid well in The PRESIDING OFFICER. The Sen- fected by the actions of the committee these jobs. There is no reason they ator from Ohio. for which he works.’’ need to be buying and selling stocks in Mr. BROWN of Ohio. Madam Presi- The Armed Services Committee re- small or multimillion-dollar portfolios. dent, at the conclusion of my remarks, quires staff and spouses and dependents When asked about the fact that Sen- I ask unanimous consent that the Sen- to divest themselves of stock in compa- ate Armed Services Committee con- ator from Iowa, Senator GRASSLEY, be nies doing business with the Depart- flict-of-interest rules apply only to recognized. ment of Defense and the Department of staff and Department of Defense ap- The PRESIDING OFFICER. Without Energy. The committee does permit pointees—but not to Senators—again, objection, it is so ordered. the use of blind trusts. when asked about the fact that the Mr. BROWN of Ohio. I thank Senator When asked about a requirement to Senate Armed Services Committee INHOFE for the sensible nature of his divest, former Defense Secretary Wil- conflict-of-interest rules apply to staff words in terms of the difference be- liam Perry said: people—and, again, not necessarily tween a Presidential and a congres- That was very painful, but I do not dis- highly paid staff—and Department of sional earmark. I think the Senator agree with the importance of doing this. The Defense appointees, President Bush’s brought good sense to this, and I appre- potential of corruption is very high. It keeps Deputy Secretary of Defense, Gordon our government clean. ciate his words. England, said: ‘‘I think Congress In the executive branch, Federal AMENDMENT NO. 1481 should abide by the same rules we im- rules and Federal criminal law gen- pose on other people.’’ Madam President, I rise in support of erally prohibit employees, their amendment No. 1481, cosponsored by No kidding. Really. spouses, and their children from own- In a State of the Union Message, the Senator MERKLEY, our amendment to ing stock in companies they regulate. President said: ‘‘Let’s limit any elected the STOCK Act. I thank Senator GILLI- All Senator MERKLEY and I are saying official from owning stocks in indus- BRAND for her good work on managing is that Members of the Senate should tries they impact.’’ this legislation. hold themselves to the same standard As we cast votes, we all—the 100 USA Today had an editorial from we already require of much of our com- Members of the Senate—have an im- Tuesday that said: mittee staff and executive branch em- pact on all kinds of industries every If lawmakers were really concerned with ployees. Our staff’s requirements are day, on all our economies. ethics, they’d put their equity holdings in more severe than ours, and we are the I agree with Under Secretary Eng- blind trusts, so they wouldn’t have the obvi- ous conflict of interest that comes from set- ones whose names are on the ballot, we land. I agree with President Obama. I ting the rules for the companies they own. are the ones who are sworn in to do the agree with Senator MERKLEY as we Banking committee members wouldn’t in- bidding of the American people. We are offer this amendment. It is simple and vest in financial institutions, Armed Serv- the 100 people in this so-called exclu- direct. The public should expect noth- ices Committee members wouldn’t invest in sive club and yet we are going to have ing less from us. defense contracts, and energy committee different rules for us than we do for a Thank you. members wouldn’t invest in oil companies. $30,000-a-year staff person? That hardly The PRESIDING OFFICER. The Sen- How simple is that? How straight- seems right. ator from Iowa. forward is that? How right is that? Some argue that selling all of our AMENDMENT NO. 1493 TO AMENDMENT NO. 1470 These stories simply don’t reflect well stock will make us lose touch with the Mr. GRASSLEY. Before I speak on on the world’s greatest deliberative rest of society. That kind of thinking the amendment, I ask unanimous con- body. Most of us think these invest- falls on deaf ears for most Americans. sent that the pending amendment be ments don’t affect our decisions here, The ranking member of the House Fi- set aside to call up my amendment No. and they probably don’t, but isn’t it nancial Services Committee doesn’t in- 1493 and make that the pending amend- time we held ourselves to a higher vest in stocks. Instead he invests in ment. standard? State and local bonds with a small The PRESIDING OFFICER. Without Senator MERKLEY and I are proposing amount directed into mutual funds. objection, it is so ordered. the Putting the People’s Interests When asked, Congressman FRANK of The clerk will report. First Act as an amendment to the Massachusetts said: ‘‘I get a steady 4.5 The legislative clerk read as follows: STOCK Act. It would require Senators percent, and I help my state in the The Senator from Iowa [Mr. GRASSLEY] and their senior staff who are subject process. I’m a patriot, and I’m making proposes an amendment numbered 1493. to financial disclosure—no more than money too.’’ Mr. GRASSLEY. I ask unanimous two or three or four of our staff people Why should Members of the Senate consent that the reading of the amend- in each office; the most well paid, those who own stock in oil companies vote ment be dispensed with. in the highest ranking decision-making on issues that affect the oil industry? The PRESIDING OFFICER. Without position—to sell individual stocks that Why should Members of the Senate objection, it is so ordered. create conflicts or to put their invest- who might own stock in a pharma- The amendment is as follows:

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(Purpose: To require disclosure of political (i) by inserting after ‘‘lobbying activities’’ (d) DISCLOSURE AND ENFORCEMENT.—Sec- intelligence activities under Lobbying Dis- each place that term appears the following: tion 6(a) of the Lobbying Disclosure Act of closure Act of 1995) ‘‘and political intelligence activities’’; and 1995 (2 U.S.C. 1605) is amended— At the end of the amendment, insert the (ii) in clause (i), by inserting after ‘‘lob- (1) in paragraph (3)(A), by inserting after following: bying firm’’ the following: ‘‘or political in- ‘‘lobbying firms’’ the following: ‘‘, political intelligence consultants, political intel- SEC. ll. DISCLOSURE OF POLITICAL INTEL- telligence firm’’; LIGENCE ACTIVITIES UNDER LOB- (2) in subsection (b)— ligence firms,’’; BYING DISCLOSURE ACT. (A) in paragraph (3), by inserting after (2) in paragraph (7), by striking ‘‘or lob- (a) DEFINITIONS.—Section 3 of the Lobbying ‘‘lobbying activities’’ each place that term bying firm’’ and inserting ‘‘lobbying firm, Disclosure Act of 1995 (2 U.S.C. 1602) is appears the following: ‘‘or political intel- political intelligence consultant, or political amended— ligence activities’’; intelligence firm’’; and (1) in paragraph (2)— (B) in paragraph (4)— (3) in paragraph (8), by striking ‘‘or lob- (A) by inserting after ‘‘lobbying activities’’ (i) in the matter preceding subparagraph bying firm’’ and inserting ‘‘lobbying firm, each place that term appears the following: (A), by inserting after ‘‘lobbying activities’’ political intelligence consultant, or political ‘‘or political intelligence activities’’; and the following: ‘‘or political intelligence ac- intelligence firm’’. (B) by inserting after ‘‘lobbyists’’ the fol- tivities’’; and (e) RULES OF CONSTRUCTION.—Section 8(b) lowing: ‘‘or political intelligence consult- (ii) in subparagraph (C), by inserting after of the Lobbying Disclosure Act of 1995 (2 ants’’; and ‘‘lobbying activity’’ the following: ‘‘or polit- U.S.C. 1607(b)) is amended by striking ‘‘or (2) by adding at the end the following new ical intelligence activity’’; lobbying contacts’’ and inserting ‘‘lobbying paragraphs: (C) in paragraph (5), by inserting after contacts, political intelligence activities, or ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— ‘‘lobbying activities’’ each place that term political intelligence contacts’’. The term ‘political intelligence activities’ appears the following: ‘‘or political intel- (f) IDENTIFICATION OF CLIENTS AND COVERED means political intelligence contacts and ef- ligence activities’’; OFFICIALS.—Section 14 of the Lobbying Dis- forts in support of such contacts, including (D) in paragraph (6), by inserting after closure Act of 1995 (2 U.S.C. 1609) is amend- preparation and planning activities, re- ‘‘lobbyist’’ each place that term appears the ed— search, and other background work that is following: ‘‘or political intelligence consult- (1) in subsection (a)— intended, at the time it is performed, for use ant’’; and (A) in the heading, by inserting ‘‘OR POLIT- in contacts, and coordination with such con- (E) in the matter following paragraph (6), ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; tacts and efforts of others. by inserting ‘‘or political intelligence activi- (B) by inserting ‘‘or political intelligence ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— ties’’ after ‘‘such lobbying activities’’; contact’’ after ‘‘lobbying contact’’ each place ‘‘(A) DEFINITION.—The term ‘political intel- (3) in subsection (c)— that term appears; and ligence contact’ means any oral or written (A) in paragraph (1), by inserting after (C) in paragraph (2), by inserting ‘‘or polit- communication (including an electronic ‘‘lobbying contacts’’ the following: ‘‘or polit- ical intelligence activity, as the case may communication) to or from a covered execu- ical intelligence contacts’’; and be’’ after ‘‘lobbying activity’’; tive branch official or a covered legislative (B) in paragraph (2)— (2) in subsection (b)— branch official, the information derived from (i) by inserting after ‘‘lobbying contact’’ (A) in the heading, by inserting ‘‘OR POLIT- which is intended for use in analyzing securi- the following: ‘‘or political intelligence con- ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; ties or commodities markets, or in inform- tact’’; and (B) by inserting ‘‘or political intelligence ing investment decisions, and which is made (ii) by inserting after ‘‘lobbying contacts’’ contact’’ after ‘‘lobbying contact’’ each place on behalf of a client with regard to— the following: ‘‘and political intelligence that term appears; and ‘‘(i) the formulation, modification, or contacts’’; and (C) in paragraph (2), by inserting ‘‘or polit- adoption of Federal legislation (including (4) in subsection (d), by inserting after ical intelligence activity, as the case may legislative proposals); ‘‘lobbying activities’’ each place that term be’’ after ‘‘lobbying activity’’; and ‘‘(ii) the formulation, modification, or appears the following: ‘‘or political intel- (3) in subsection (c), by inserting ‘‘or polit- adoption of a Federal rule, regulation, Exec- ligence activities’’. ical intelligence contact’’ after ‘‘lobbying utive order, or any other program, policy, or contact’’. position of the United States Government; or (c) REPORTS BY REGISTERED POLITICAL IN- (g) ANNUAL AUDITS AND REPORTS BY COMP- ‘‘(iii) the administration or execution of a TELLIGENCE CONSULTANTS.—Section 5 of the TROLLER GENERAL.—Section 26 of the Lob- Federal program or policy (including the ne- Lobbying Disclosure Act of 1995 (2 U.S.C. bying Disclosure Act of 1995 (2 U.S.C. 1614) is gotiation, award, or administration of a Fed- 1604) is amended— amended— eral contract, grant, loan, permit, or li- (1) in subsection (a), by inserting after (1) in subsection (a)— cense). ‘‘lobbying activities’’ the following: ‘‘and po- (A) by inserting ‘‘political intelligence ‘‘(B) EXCEPTION.—The term ‘political intel- litical intelligence activities’’; firms, political intelligence consultants,’’ ligence contact’ does not include a commu- (2) in subsection (b)— after ‘‘lobbying firms’’; and nication that is made by or to a representa- (A) in paragraph (2)— (B) by striking ‘‘lobbying registrations’’ tive of the media if the purpose of the com- (i) in the matter preceding subparagraph and inserting ‘‘registrations’’; munication is gathering and disseminating (A), by inserting after ‘‘lobbying activities’’ (2) in subsection (b)(1)(A), by inserting ‘‘po- news and information to the public. the following: ‘‘or political intelligence ac- litical intelligence firms, political intel- ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The tivities’’; ligence consultants,’’ after ‘‘lobbying firms’’; term ‘political intelligence firm’ means a (ii) in subparagraph (A)— and person or entity that has 1 or more employ- (I) by inserting after ‘‘lobbyist’’ the fol- (3) in subsection (c), by inserting ‘‘or polit- ees who are political intelligence consult- lowing: ‘‘or political intelligence consult- ical intelligence consultant’’ after ‘‘a lob- ants to a client other than that person or en- ant’’; and byist’’. tity. (II) by inserting after ‘‘lobbying activities’’ Mr. GRASSLEY. Madam President, ‘‘(20) POLITICAL INTELLIGENCE CONSULT- the following: ‘‘or political intelligence ac- the Wall Street Journal recently re- ANT.—The term ‘political intelligence con- tivities’’; sultant’ means any individual who is em- (iii) in subparagraph (B), by inserting after ported that political intelligence is an ployed or retained by a client for financial or ‘‘lobbyists’’ the following: ‘‘and political in- approximately $100 million industry. other compensation for services that include telligence consultants’’; and The article also says that expert net- one or more political intelligence contacts.’’. (iv) in subparagraph (C), by inserting after works employ over 2,000 people to do (b) REGISTRATION REQUIREMENT.—Section 4 ‘‘lobbyists’’ the following: ‘‘or political intel- political intelligence in Washington, of the Lobbying Disclosure Act of 1995 (2 ligence consultants’’; DC. U.S.C. 1603) is amended— (B) in paragraph (3)— We have to say approximately be- (1) in subsection (a)— (i) by inserting after ‘‘lobbying firm’’ the (A) in paragraph (1)— following: ‘‘or political intelligence firm’’; cause no one truly knows how many (i) by inserting after ‘‘whichever is ear- and people work in this industry. We don’t lier,’’ the following: ‘‘or a political intel- (ii) by inserting after ‘‘lobbying activities’’ know from whom they seek informa- ligence consultant first makes a political in- each place that term appears the following: tion, what happens to that informa- telligence contact,’’; and ‘‘or political intelligence activities’’; and tion, and how much they get paid. This (ii) by inserting after ‘‘such lobbyist’’ each (C) in paragraph (4), by inserting after is a problem if one believes in trans- place that term appears the following: ‘‘or ‘‘lobbying activities’’ each place that term parency in government and if one be- consultant’’; appears the following: ‘‘or political intel- lieves in the purposes behind this legis- (B) in paragraph (2), by inserting after ligence activities’’; and ‘‘lobbyists’’ each place that term appears the (3) in subsection (d)(1), in the matter pre- lation, as I do—the underlying legisla- following: ‘‘or political intelligence consult- ceding subparagraph (A), by inserting ‘‘or a tion—that Members of the Senate and ants’’; and political intelligence consultant’’ after ‘‘a Congress should not benefit from in- (C) in paragraph (3)(A)— lobbyist’’. sider trading information.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.003 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S297 So we have people in this city or peo- and our staff as well. By requiring lob- pand the population of executive ple who come into this city to get in- byists who sell information to stock branch officials required to report pub- formation on what Congress might do traders to register, Members and staff licly, then any further expansion will or what their regulators might do that then have an easy way to track who only present marginal additional costs. might affect the stock in some com- these people are and to whom they Currently, less than 1 percent of the pany or something, and this political would sell their information. This executive branch workforce is required intelligence information is gathered strengthens the bill, from my point of to file financial disclosure statements. and given to people who presumably view, and helps Members and staff com- The other 99 percent are not. My parity profit from it or I guess these people ply with its requirements. amendment will not expand that uni- So I hope we can pass this amend- wouldn’t be employed in the first place. verse. It will only require them to meet ment soon and bring light and trans- So there is a growing unregulated in- the same reporting standards that will parency to this growing industry and, dustry with no transparency. If a lob- apply to the Congress itself. byist has to register in order to advo- when we are talking to someone, know cate for a school or a church or a pri- who they are, what they seek, whom As I understand it, the Democratic vate corporation, shouldn’t the same they are working for, et cetera. alternative to my amendment would lobbyist have to register if he or she is With that, I yield the floor, and I produce some bizarre results. For ex- seeking and getting inside information suggest the absence of a quorum. ample, a Senate office administrator that ends up in making people a profit? The PRESIDING OFFICER. The who meets the reporting threshold This is especially true if that informa- clerk will call the roll. would be required to report publicly as tion would make millions for a hedge The assistant legislative clerk pro- directed in this bill, but the head of en- ceeded to call the roll. fund or a private equity firm. forcement at the Securities and Ex- Mr. SHELBY. Madam President, I We have current law. Under current change Commission would not. That is ask unanimous consent that the order law, this is not the case. We have no bizarre. A Senate scheduler may have for the quorum call be rescinded. to make additional public disclosures, registration of these people and we The PRESIDING OFFICER (Mrs. don’t know who they are. So we go but the General Counsel of the Federal MCCASKILL). Without objection, it is so Reserve would not. This is not fair, and back to amendment No. 1493. My ordered. amendment merely brings sunlight to I believe it is unacceptable. AMENDMENT NO. 1491 this unregulated area. It defines what a Mr. SHELBY. Madam President, I My amendment simply says if you political intelligence lobbyist is and re- rise again today to speak on behalf of are an executive branch or independent quires that person or firm to register. fairness. We have heard quite a bit agency official and you currently file In other words, it requires them to do from the President on the campaign financial disclosure reports, you will what, under the 1995 law, every lob- trail about fairness. But it appears have to comply with the same public byist has to do. there is no interest in fairness when it reporting requirements contained in I understand some would say there comes to transparency for the execu- this bill that we plan to impose on the have not been hearings on this subject tive branch. Congress. and that it should be studied first. But The bill we are currently debating in My amendment also contains the there isn’t much that is complicated the Senate will subject Congress to ad- same military personnel exemption about this amendment. It is pretty ditional reporting requirements for that the Democratic alternative does, simple. If a person seeks information certain financial transactions. The as well as the same 2-year implementa- from Congress in order to make money, goal is to ensure that Members of Con- tion provision. the American people have a right to gress and congressional staff are not know the name of that person and who My amendment is simple, fair, and using their unique access to confiden- deserves the support of every Member that person is selling that information tial information for personal gain. of this body. If my friends on the other to. That is just pretty basic good gov- That goal is worthy. side of the aisle believe in fairness, this ernment, isn’t it? It is the same as if a I believe this is an appropriate goal, person is a lobbyist for a piece of legis- and one I fully support. I do not under- would be a very good way to show it. lation under laws going back to 1946 stand, however, why the additional re- I yield the floor. and amended since then, they have to porting requirements do not extend to I suggest the absence of a quorum. register. The public has a right to members of the executive branch who The PRESIDING OFFICER. The know who the lobbyist is, whom they arguably have even greater access to clerk will call the roll. are working for, and what they are lob- such confidential information than bying for or against. Members of Congress and their staffs The assistant legislative clerk pro- This amendment isn’t just helpful to do. ceeded to call the roll. the American people, though. It isn’t It only seems fair that executive Mrs. GILLIBRAND. Madam Presi- just helpful to make people respon- branch officials, who are already re- dent, I ask unanimous consent that the sible, because the more transparency quired to file annual financial reports, order for the quorum call be rescinded. we have the more accountability there as we are, also be directed to meet the The PRESIDING OFFICER. Without is and the more openness we have in same additional reporting require- objection, it is so ordered. government the better off we are. So I ments being imposed on the legislative make a case to help the American peo- branch. AMENDMENTS NOS. 1489, AS MODIFIED, AND 1485, ple, yes. But it is also going to help I have yet to hear a compelling argu- AS MODIFIED Members of Congress and our staff who ment against equity between the Mrs. GILLIBRAND. Madam Presi- are trying to decipher their duties branches. Some people have argued dent, on behalf of Senator BOXER, I ask under this proposed legislation. that the executive branch has other unanimous consent that the Boxer- Senators have raised the question: ways to deal with insider trading. Isakson amendment No. 1489 be modi- How will we know if the people we Think about it. But none of those will fied with the changes that are at the speak to trade on what we say? So to subject executive branch employees to desk; that the order for a Collins side- answer that question, we require the the same public scrutiny as this legis- by-side amendment be vitiated; that people doing it to be responsible. So we lation would. I believe what is good for the Paul amendment No. 1485 be modi- achieve more transparency in govern- the goose, it seems to me, should be fied with the changes that are at the ment, and we even help Members of good for the gander. We have heard desk; further, that the order for the Congress and our staff because these that all of our life. Lieberman side-by-side amendment to political intelligence people are pretty I understand there is a willingness on the Paul amendment be vitiated. smart. They know where to get the in- the other side to expand the reporting formation because they come to us and requirements, but it would fall far The PRESIDING OFFICER. Without ask questions, but we might not know short of parity. objection, it is so ordered. why they are asking the questions. So Some have said here it would cost The amendments, as modified, are as it is going to help Members of Congress too much. But if we are willing to ex- follows:

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.027 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S298 CONGRESSIONAL RECORD — SENATE February 2, 2012 AMENDMENT NO. 1489, AS MODIFIED The assistant legislative clerk read AMENDMENT NO. 1505 (Purpose: To require full and complete public as follows: (Purpose: To clarify that political intel- disclosure of the terms of home mortgages ligence includes information gathered from The Senator from New York [Mrs. GILLI- held by Members of Congress, the Presi- executive branch employees, Congressional BRAND], for Mr. LIEBERMAN, proposes an dent, the Vice President, and executive employees, and Members of Congress) amendment numbered 1511 to amendment branch officers nominated or appointed to No. 1470. On page 8, lines 23 and 24, strike ‘‘executive a position by the President, by and with branch and legislative branch officials’’ and The Senator from New York [Mrs. GILLI- the advice and consent of the Senate) insert ‘‘an executive branch employee, a BRAND], for Mr. PORTMAN, proposes an At the end, add the following: Member of Congress, or an employee of Con- amendment numbered 1505 to amendment SECTION 11. REQUIRING MORTGAGE DISCLO- gress’’. No. 1470. SURE. Mrs. GILLIBRAND. Madam Presi- Section 102(a)(4)(A) of the Ethics in Gov- The amendments are as follows: ernment Act of 1978 (5 U.S.C. App) is amend- dent, we here in the Senate are so close ed by striking ‘‘spouse; and’’ and inserting AMENDMENT NO. 1511 to doing something so basic, so com- the following: ‘‘spouse, except that this ex- (Purpose: To extend the STOCK Act to en- mon sense to begin restoring the faith ception shall not apply to a reporting indi- sure that the reporting requirements set and trust the American people have vidual— forth in the STOCK Act apply to the execu- with this institution. I am encouraged ‘‘(i) described in paragraph (1), (2), or (9) of tive branch and independent agencies) that we have found more to agree on section 101(f); today than that which we disagree on, ‘‘(ii) described in section 101(b) who has On page 7, strike lines 6 through 9, insert been nominated for appointment as an offi- the following: so we can bring this bill on the floor to cer or employee in the executive branch de- ‘‘(j) Not later than 30 days after any trans- a vote. scribed in subsection (f) of such section, action required to be reported under section I thank Leader REID for his extraor- other than— 102(a)(5)(B), the following persons, if required dinary perseverance and leadership on ‘‘(I) an individual appointed to a position— to file a report under any other subsection of this issue. I also thank Chairman LIE- ‘‘(aa) as a Foreign Service Officer below this section subject to any waivers and ex- BERMAN and Ranking Member COLLINS the rank of ambassador; or clusions, shall file a report of the trans- for their vision and their hard work in ‘‘(bb) in the uniformed services for which action: bringing this strong piece of legislation the pay grade prescribed by section 201 of ‘‘(1) A Member of Congress. title 37, United States Code is O-6 or below; ‘‘(2) An officer or employee of Congress re- to the floor. I also thank Senator or quired to file a report under this section. SCOTT BROWN and our other cosponsors ‘‘(II) a special government employee, as de- ‘‘(3) The President. who have worked so hard to do what is fined under section 202 of title 18, United ‘‘(4) The Vice President. right for the American people. And, of States Code; or ‘‘(5) Each employee appointed to a position course, I thank my colleagues on the ‘‘(iii) described in section 101(f) who is in a in the executive branch, the appointment to other side of the aisle who have worked position in the executive branch the appoint- which requires advice and consent of the with us in good faith to bring this leg- ment to which is made by the President and Senate, except for— islation to fruition. requires advice and consent of the Senate, ‘‘(A) an individual appointed to a posi- other than— tion— We have tried to focus on the specific ‘‘(I) an individual appointed to a position— ‘‘(i) as a Foreign Service Officer below the task at hand, and that is closing loop- ‘‘(aa) as a Foreign Service Officer below rank of ambassador; or holes to ensure that Members of Con- the rank of ambassador; or ‘‘(ii) in the uniformed services for which gress play by the exact same rules as ‘‘(bb) in the uniformed services for which the pay grade prescribed by section 201 of every other American. While there are the pay grade prescribed by section 201 of title 37, United States Code is O-6 or below; some amendments today that will not title 37, United States Code is O-6 or below; or meet that test, there are others that or ‘‘(B) a special government employee, as de- will make this bill stronger, and I be- ‘‘(II) a special government employee, as de- fined under section 202 of title 18, United fined under section 202 of title 18, United States Code. lieve the final product will have teeth. States Code; and’’. ‘‘(6) Any employee in a position in the ex- This sorely needed bill would estab- AMENDMENT NO. 1485, AS MODIFIED ecutive branch who is a noncareer appointee lish for the first time a clear fiduciary (Purpose: To extend the transaction report- in the Senior Executive Service (as defined responsibility to the people we serve— ing requirement to judicial officers and under section 3132(a)(7) of title 5, United removing any doubt that both the SEC senior executive branch employees) States Code) or a similar personnel system and the CFTC are empowered to inves- for senior employees in the executive On page 7, strike lines 6 through 9, and in- tigate and prosecute cases involving in- branch, such as the Senior Foreign Service, sider trading of securities from non- sert the following: except that the Director of the Office of Gov- ‘‘(j)(1) Not later than 30 days after any ernment Ethics may, by regulation, exclude public information that we have access transaction required to be reported under from the application of this paragraph any to when we do our jobs. section 102(a)(5)(B), a Member of Congress or individual, or group of individuals, who are We are entrusted with a profound re- officer or employee of Congress, a judicial of- in such positions, but only in cases in which sponsibility to the American people: to ficer, or a senior executive branch official the Director determines such exclusion shall file a report of the transaction. look out for their best interests, not to would not affect adversely the integrity of ‘‘(2) In this subsection, the term ‘senior ex- do what is in our financial interest. the Government or the public’s confidence in ecutive branch official’ means— Let’s show the people who have sent us the integrity of the Government. ‘‘(A) the President; here that we as a body can come to- ‘‘(7) The Director of the Office of Govern- ‘‘(B) the Vice President; and ment Ethics. gether and do the right thing. ‘‘(C) individuals serving in full-time, paid ‘‘(8) Any civilian employee, not described Today, we are taking a step forward positions required to be appointed by the in paragraph (5), employed in the Executive to show them we are worthy of their President with the advice and consent of the Office of the President (other than a special trust. I encourage all of my colleagues Senate but does not include members of the government employee) who holds a commis- armed services, foreign service, public health to take this step with us today. sion of appointment from the President.’’. service, or the officer corps of the National I suggest the absence of a quorum. Oceanic and Atmospheric Administration.’’. At the end insert the following: The PRESIDING OFFICER. The AMENDMENTS NOS. 1511 AND 1505 TO AMENDMENT SEC. ll. EXECUTIVE BRANCH REPORTING. clerk will call the roll. NO. 1470 Not later than 2 years after the date of en- The assistant legislative clerk pro- Mrs. GILLIBRAND. Madam Presi- actment of this Act, the President shall— ceeded to call the roll. dent, I ask unanimous consent to set (1) ensure that financial disclosure forms Mr. LIEBERMAN. Madam President, aside the pending amendment so that I filed by officers and employees referred to in I ask unanimous consent that the order may call up on behalf of Senator LIE- section 101(j) of the Ethics in Government for the quorum call be rescinded. BERMAN the side-by-side amendment to Act of 1978 (5 U.S.C. App.) are made available The PRESIDING OFFICER. Without the Shelby amendment No. 1491 and on to the public as required by section 8(a) on objection, it is so ordered. appropriate official websites of agencies of Mr. LIEBERMAN. Madam President, behalf of Senator PORTMAN his amend- the executive branch; and ment No. 1505. (2) develop systems to enable electronic fil- in 6 or 7 minutes the Senate will begin The PRESIDING OFFICER. Without ing and public access, as required by section a series of votes on the matter before objection, it is so ordered. 8(b), to the financial disclosure forms of such us, the STOCK Act. I want to take a The clerk will report. individuals. few moments to restate the underlying

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.004 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S299 main purpose of the legislation, which ment and guidance put forward over We need to reassure a skeptical pub- is to respond to the public concern, in- the years by the Office of Government lic that we understand elective office is formed by testimony before our com- Ethics at the agencies are extensive a place for public service, not for pri- mittee from experts on securities law, and address a wide range of potential vate gain. Underscoring that important that it is not totally clear that Mem- conflicts of interest and/or impropri- message is clearly the purpose of this bers of Congress and our staffs are cov- eties. They have teeth, criminal sanc- bill, and that is why I support it. ered by anti-insider trading laws en- tions. I thank the Chair. forced by the SEC. The No. 1 accom- For instance, high-level executive AMENDMENTS NOS. 1478, 1477, 1474, 1476, 1490, 1492, plishment of this proposal will be to branch employees already file financial AND 1503 WITHDRAWN make that crystal clear. disclosure forms that face a very exten- The PRESIDING OFFICER. Under We are not exempt from that law; we sive system of agency review. These the previous order, the following should not be exempt. I presume most agency officials and career civil serv- amendments are withdrawn: Members of Congress have assumed we ants are often forced to divest them- Amendment No. 1478, amendment No. have never been exempt. But this will selves of their stock holdings if they 1477, amendment No. 1474, amendment make it clear if anybody crosses the seem to be in conflict with their re- No. 1476, amendment No. 1490, amend- line, they cannot defend themselves by sponsibilities or to recuse themselves, ment No. 1492, and amendment No. saying that Members of Congress are not to be involved in matters in order 1503. to minimize potential conflicts of in- not covered by the law. AMENDMENT NO. 1482 We have also added in committee a terest. That is a much different stand- The PRESIDING OFFICER. Under couple of provisions which embrace the ard than we impose on ourselves, which the previous order, the question occurs old but still important notion that sun- is the standard of disclosure. on amendment No. 1482, offered by the shine is the best disinfectant in govern- I have introduced a version of Sen- Senator from Connecticut, Mr. LIEBER- ment by requiring that the annual fi- ator SHELBY’s amendment, which I MAN. nancial disclosure reports we file will think achieves his goal in a significant Mr. LIEBERMAN. Madam President, now be filed electronically and will way but not so broadly. Rather than this is a highly technical amendment. therefore be available on the Internet. the tens of thousands of people encom- It simply says the GAO report, re- Right now, these are public documents. passed in the Shelby amendment, mine quired by the underlying bill on the When they are filed in the Office of the is targeted at policymakers most question of political intelligence, be Secretary of the Senate, people have to equivalent to those of us in Congress sent not only to the Committee on go there and make copies of them to and those who work with us; that is, Government Oversight in the House see them. As Senator BEGICH, our col- positions in our government that are but also to the Judiciary Committee. league from Alaska, said: That is not Senate-confirmed and also certain If there is no objection, I urge the easy if you are an Alaskan. This will high-level White House and agency adoption of the amendment. I don’t be- bring that system up to date. staff who might not be Senate-con- The third part—which I know is con- firmed but are policymakers. These in- lieve there is any opposition and, troversial for some, but I think it is dividuals are public officials with visi- therefore, no need for a rollcall vote. sensible—is to require that within 30 ble high-profile roles, and the extra The PRESIDING OFFICER (Mr. days of any stock trades, disclosure scrutiny that comes with increased re- SANDERS). Is there further debate? forms must be filed with the Senate porting requirements seems to be more If not, the question is on agreeing to and also online. I can tell you that the appropriate for this group—including amendment No. 1482. Securities and Exchange Commission the President, Vice President, ap- The amendment was agreed to. has made clear in testimony before the pointees in the White House, the so- AMENDMENT NO. 1484 House committee and in discussions called policy czars, special assistants The PRESIDING OFFICER. The with our staff that that kind of peri- to the President, as well as members of question is on the Paul amendment, the Federal Reserve Board. odic requirement for disclosure of No. 1484. There is 2 minutes of debate, I hope we can take this significant trades in stock and securities will help equally divided, on this amendment. step to achieve what Senator SHELBY The Senator from Kentucky. them do the job we want them to do to had in mind, but not, if I can put it this make sure that insider trading laws are Mr. PAUL. Mr. President, I rise in way, overdo it in a way that will actu- support of this amendment. This not being violated and, of course, will ally, according to comments we have keep the public, our constituents, in- amendment would strike the under- had from people in the executive lying bill and would replace it with an formed of what we are about. branch, get in the way of the existing A number of amendments are up. As affirmation that we are not exempt very tough ethics rules they live under Senator REID said, I hope we don’t have from insider trading and that each Sen- now. ator would sign a statement each year rollcall votes on all of them. I think a I yield the floor at this point. number of them will receive unani- The PRESIDING OFFICER. The Sen- affirming they did not participate in mous support on both sides. I hope we ator from Maine. insider trading. can adopt them by voice. Ms. COLLINS. Madam President, I think this is the way to go. I think There is one amendment, Senator first, let me commend the chairman of the American people want to be sure SHELBY’s amendment No. 1491, to our committee, Senator LIEBERMAN. As we are not exempt. I think this is a which, as part of the agreement, I filed always, it has been a great pleasure to good way to do it without creating a a side-by-side, as it were. I support the work with him to produce this bill. I bureaucracy and a nightmare that may goal that Senator SHELBY has of hold- also wish to commend the author of well have many unintended con- ing the executive branch accountable the bill, Senator SCOTT BROWN, who sequences. in ways similar to the way we are; that was the first to introduce this legisla- The PRESIDING OFFICER. The Sen- is, the amendment, generally speaking, tion in the Senate, and also praise the ator from Connecticut. would extend the 30-day reporting re- work of the Senator from New York, Mr. LIEBERMAN. Mr. President, I quirement, disclosure requirement, to Mrs. GILLIBRAND, for her contributions. respectfully oppose the amendment. It a very large number of executive The STOCK Act is intended to affirm would, as the Senator from Kentucky, branch employees. That, to me, is the that Members of Congress are not ex- with his characteristic directness said, problem. It is too broad. It would cre- empt from our laws prohibiting insider strike the entire bill. The affirmation ate a cost and an unnecessary report- trading. There are disputes among the by Members they have not violated in- ing system for many executive branch experts about whether this legislation sider trading laws is, in my opinion, employees. is necessary, but we feel we should send not enough. In the opinion of the SEC, I want to point out here that when it a very strong message to the American it is not enough because it doesn’t es- comes to avoiding and preventing con- public that we understand Members of tablish the duty of trust this under- flicts of interest, the executive branch Congress are not exempt from insider lying bill does that is required to guar- is probably well ahead of the legisla- trading laws, and that is exactly what antee charges against a Member of tive branch. The ethics rules require- this bill does. Congress or staff on insider trading

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.032 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S300 CONGRESSIONAL RECORD — SENATE February 2, 2012 will not be successfully defended of debate equally divided prior to a [Rollcall Vote No. 5 Leg.] against on the argument that Members vote in relation to amendment No. YEAS—48 are not covered. 1487, offered by the Senator from Ken- Alexander Enzi McConnell I yield the rest of my time to my tucky, Mr. PAUL. This amendment is Ayotte Graham Menendez friend from Maine. subject to a 60-vote threshold. Barrasso Grassley Moran The PRESIDING OFFICER. The Sen- Blunt Hatch Nelson (NE) The Senator from Kentucky is recog- Boozman Heller Nelson (FL) ator from Maine. nized. Burr Hutchison Paul Ms. COLLINS. Mr. President, I too Cantwell Inhofe Risch am opposed to the amendment offered Mr. PAUL. Mr. President, this Carper Isakson Roberts by Senator PAUL. I do think the idea of amendment would say that those in Casey Johnson (WI) Rubio the executive branch who decide loans Chambliss Klobuchar Sessions a certification is a good one, but, un- Coats Kyl Shelby fortunately, Senator PAUL’s amend- and grants, if they have a self-interest Coburn Lee Snowe ment would strike the provisions of the in the company or if their family has a Corker Levin Stabenow bill that affirm the duty we have to the self-interest in the company, they Cornyn Lugar Thune Crapo McCain Toomey American people and that scholars who should not be making decisions award- DeMint McCaskill Vitter testified before the committee said was ing grants and awarding loans. I think NAYS—51 necessary. the idea that you should not make Mr. PAUL. Mr. President, I ask for money off of government is an impor- Akaka Gillibrand Murray Baucus Hagan Portman the yeas and nays. tant one, but it is not just Congress Begich Harkin Pryor The PRESIDING OFFICER. Is there a that this should apply to; this should Bennet Hoeven Reed sufficient second? apply to the executive branch. We Bingaman Inouye Reid There appears to be a sufficient sec- should not have hundreds of millions of Blumenthal Johanns Rockefeller ond. The question is on agreeing to the Boxer Johnson (SD) Sanders dollars in loans—even billions of dol- Brown (MA) Kerry Schumer amendment. The clerk will call the lars in loans—dispensed by people who Brown (OH) Kohl Shaheen roll. used to work for that company or Cardin Landrieu Tester Cochran Lautenberg Udall (CO) The bill clerk called the roll. whose family still works for the com- Mr. KYL. The following Senators are Collins Leahy Udall (NM) pany. Conrad Lieberman Warner necessarily absent: the Senator from Coons Manchin Webb Illinois (Mr. KIRK) and the Senator I yield my time. Durbin Merkley Whitehouse from Alabama (Mr. SESSIONS). The PRESIDING OFFICER. The Sen- Feinstein Mikulski Wicker The PRESIDING OFFICER. Are there ator from Connecticut. Franken Murkowski Wyden any other Senators in the Chamber de- Mr. LIEBERMAN. This is one of a se- NOT VOTING—1 siring to vote? ries of amendments in which our col- Kirk The result was announced—yeas 37, leagues are applying ethics rules to the nays 61, as follows: The PRESIDING OFFICER. Under executive branch although the bill, of the previous order requiring 60 votes [Rollcall Vote No. 4 Leg.] course, is focused on Members of Con- for the adoption of this amendment, YEAS—37 gress. In this case, this applies prob- the amendment is rejected. Alexander Crapo Moran ably the harshest penalty that has ever Mr. LIEBERMAN. Mr. President, I Ayotte DeMint Nelson (NE) Barrasso Enzi Paul been applied to members of the execu- move to reconsider the vote. Begich Graham Risch tive branch. The fact is, executive Mrs. COLLINS. Mr. President, I move Blunt Hatch Roberts branch employees are already subject to lay that motion on the table. Burr Hoeven Shelby to an effective, in some ways broader Chambliss Johnson (SD) The motion to lay on the table was Thune ethics regime than we face now. It is agreed to. Coats Johnson (WI) Toomey Coburn Kyl Warner backed up by criminal sanctions. As an AMENDMENT NO. 1511 Cochran Leahy Webb example, executive branch employees Conrad Lee The PRESIDING OFFICER. Under Wicker Corker Lugar file financial disclosure forms. Agency the previous order, there will be 2 min- Cornyn McConnell ethics officials who examine them can utes of debate equally divided prior to NAYS—61 compel divestiture of holdings. They a vote in relation to amendment No. can require the individual to recuse Akaka Harkin Murray 1511 offered by the Senator from Con- Baucus Heller Nelson (FL) himself from certain matters and, if necticut, Mr. LIEBERMAN. Bennet Hutchison Portman recusal is not sufficient, the agency The Senator from Connecticut. Bingaman Inhofe Pryor can reassign the individual. Mr. LIEBERMAN. Mr. President, this Blumenthal Inouye Reed Boozman Isakson Reid In this case, Senator PAUL would say is a side-by-side with an amendment Boxer Johanns Rockefeller that an executive branch employee is offered by my friend from Alabama. Brown (MA) Kerry Rubio forbidden from holding a position in Brown (OH) Klobuchar The question is, How many employees Sanders Cantwell Kohl which they or their family have any fi- of the executive branch of government Schumer Cardin Landrieu nancial interest of $5,000 or more, so I Shaheen should be required to electronically file Carper Lautenberg oppose the amendment. their disclosure statements? I believe, Casey Levin Snowe Collins Lieberman Stabenow The PRESIDING OFFICER. The respectfully, Senator SHELBY’s amend- Coons Manchin Tester question is on agreeing to the amend- ment requires maybe more than 300,000 Durbin McCain Udall (CO) Federal employees, including many Udall (NM) ment. Feinstein McCaskill who filed confidential disclosure state- Franken Menendez Vitter Mr. PAUL. Mr. President, I ask for ments. Gillibrand Merkley Whitehouse the yeas and nays. Grassley Mikulski Wyden This amendment would include peo- Hagan Murkowski The PRESIDING OFFICER. Is there a ple in the Federal executive branch NOT VOTING—2 second? who hold positions equivalent to those Kirk Sessions There appears to be a sufficient sec- of us in Congress who are policy- The amendment (No. 1484) was re- ond. The clerk will call the roll. makers, and that includes the Presi- jected. The legislative clerk called the roll. dent, the Vice President, appointees in the White House, members of the Fed- Mr. LIEBERMAN. Mr. President, I Mr. KYL. The following Senator is eral Reserve Board, and Senior Execu- move to reconsider the vote. necessarily absent: the Senator from Ms. COLLINS. Mr. President, I move tive Service. It is the difference be- Illinois (Mr. KIRK). to lay that motion on the table. tween applying this requirement to The motion to lay on the table was The PRESIDING OFFICER. Are there 2,000 executive employees or more than agreed to. any other Senators in the Chamber de- 300,000 Federal employees. AMENDMENT NO. 1487 siring to vote? I yield the remainder of my time. The PRESIDING OFFICER. Under The result was announced—yeas 48, The PRESIDING OFFICER (Mrs. the previous order, there is 2 minutes nays 51, as follows: SHAHEEN). There is no time remaining.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.034 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S301 The Senator from Alabama. Ms. COLLINS. I move to lay that mo- The PRESIDING OFFICER. Is there a Mr. SHELBY. Madam President, the tion on the table. sufficient second? There appears to be Lieberman amendment is a side-by-side The motion to lay on the table was a sufficient second. with the Shelby amendment. This Lie- agreed to. The clerk will call the roll. berman amendment would create loop- AMENDMENT NO. 1491 The legislative clerk proceeded to holes, disparity, and it undermines the The PRESIDING OFFICER. Under call the roll. true transparency. I encourage my col- the previous order, there will now be 2 Mr. KYL. The following Senator is leagues to oppose it. minutes of debate, equally divided, necessarily absent: the Senator from On the other hand, my amendment prior to a vote in relation to amend- Illinois (Mr. KIRK). would be a side-by-side, and it creates ment No. 1491, as modified, offered by The PRESIDING OFFICER. Are there parity, fairness, and true transparency. the Senator from Alabama, Mr. any other Senators in the Chamber de- Without transparency the American SHELBY. siring to vote? people will be left in the dark. Also, The Senator from Maine. The result was announced—yeas 58, the Senator from Connecticut is talk- Ms. COLLINS. Madam President, nays 41, as follows: ing about who would have to file these. first, I wish to commend Senator PAUL [Rollcall Vote No. 7 Leg.] It will be the same people who have to and Senator SHELBY for raising the YEAS—58 file disclosures now. Why should they issue of extending these requirements Alexander Hatch Nelson (NE) be exempt? My amendment would to the executive branch. I agree with Ayotte Heller Nelson (FL) make it a level playing field. It makes them. I supported the amendment of- Barrasso Hoeven Paul Blunt Hutchison a lot of sense. It is fair, it is honest, fered by Senator LIEBERMAN, but I also Portman Boozman Inhofe and the executive branch should not be encourage my colleagues to support Pryor Brown (MA) Isakson Risch excluded for any reason I can think of. the amendment offered by Senator Burr Johanns Roberts I thank the Chair. SHELBY. It would take in the inde- Cantwell Johnson (WI) Rubio Chambliss Kerry The PRESIDING OFFICER. The Sessions pendent regulatory agencies, and it Coats Klobuchar Shaheen question is on agreeing to the amend- goes a little bit deeper into the execu- Coburn Kyl ment. Cochran Lee Shelby tive branch. So I think both principles Snowe Mr. LIEBERMAN. I ask for the yeas are correct—that the kind of disclo- Collins Lugar Corker Manchin Stabenow and nays. sures we are going to be required to Thune The PRESIDING OFFICER. The yeas Cornyn McCain make should also apply to high-level Crapo McCaskill Toomey and nays have been requested. executive branch employees. DeMint McConnell Vitter Wicker Is there a sufficient second? I thank both the Senator from Ken- Enzi Merkley There appears to be a sufficient sec- Graham Moran Wyden tucky and the Senator from Alabama ond. Grassley Murkowski for their leadership. The clerk will call the roll. NAYS—41 The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ator from Alabama. Akaka Feinstein Mikulski Mr. KYL. The following Senator is Baucus Franken Murray Mr. SHELBY. Madam President, I ap- necessarily absent: the Senator from Begich Gillibrand Reed preciate the remarks of the Senator Bennet Hagan Reid Illinois (Mr. KIRK). from Maine. She is urging people to Bingaman Harkin Rockefeller The PRESIDING OFFICER. Are there Blumenthal Inouye Sanders any other Senators in the Chamber de- vote yea on the Shelby amendment. I Boxer Johnson (SD) appreciate that. It is a good amend- Schumer siring to vote? Brown (OH) Kohl Tester Cardin Landrieu ment, and I will do the same thing: Udall (CO) The result was announced—yeas 81, Carper Lautenberg Vote yea. Udall (NM) nays 18, as follows: Casey Leahy I thank the Chair. Warner [Rollcall Vote No. 6 Leg.] Conrad Levin The PRESIDING OFFICER. The Sen- Coons Lieberman Webb YEAS—81 ator from Connecticut. Durbin Menendez Whitehouse Akaka Gillibrand Merkley Mr. LIEBERMAN. Madam President, Alexander Graham Mikulski NOT VOTING—1 Ayotte Grassley Murkowski I respectfully ask for a ‘‘no’’ vote. Kirk Baucus Hagan Murray As I indicated in support of the side- Begich Harkin Nelson (NE) by-side I offered, executive branch em- The amendment (No. 1491), as modi- Bennet Hatch Nelson (FL) ployees are now under very tough eth- fied, was agreed to. Blumenthal Heller Paul Mr. LIEBERMAN. Madam President, Boozman Hoeven Pryor ics regulations requiring, in many Boxer Hutchison Reed cases, divestiture or recusal, and this I move to reconsider the vote. Brown (MA) Inhofe Reid adds a good requirement which is for Ms. COLLINS. I move to lay that mo- Brown (OH) Inouye Risch some of them to file electronically the tion on the table. Burr Isakson Roberts The motion to lay on the table was Cantwell Johanns Rockefeller disclosure statements they have to Cardin Johnson (SD) Rubio make. But the amendment we just agreed to. Carper Kerry Sanders passed—mine—would add that require- AMENDMENT NO. 1485 WITHDRAWN Casey Klobuchar Schumer Coats Kohl Shaheen ment to 2,000 of the top-level policy- The PRESIDING OFFICER. Under Cochran Kyl Snowe makers in our Federal Government. the previous order, there will be 2 min- Collins Landrieu Stabenow Senator SHELBY’s amendment would utes of debate equally divided prior to Conrad Lautenberg Tester a vote in relation to amendment No. Coons Leahy Thune extend that to more than 300,000 Fed- Corker Levin Udall (CO) eral employees, including some, by our 1485, offered by the Senator from Ken- Cornyn Lieberman Udall (NM) count in the Office of Government Eth- tucky, Mr. PAUL. Crapo Manchin Warner ics, drivers and secretaries. The Senator from Kentucky. Durbin McCain Webb Feinstein McCaskill Whitehouse In addition to the burden it would Mr. PAUL. Madam President, I think Franken Menendez Wyden place on them unduly, we are asking the issue has already been addressed by NAYS—18 agencies to stretch personnel and re- previous amendments. I thank the sources to fulfill a totally new require- chairman and the minority ranking Barrasso Enzi Portman Bingaman Johnson (WI) Sessions ment when, in fact, we want them to member for their addressing this prob- Blunt Lee Shelby save money and not figure out ways to lem. Chambliss Lugar Toomey spend more money. I ask unanimous consent that the Coburn McConnell Vitter amendment, as modified, be with- DeMint Moran Wicker I respectfully ask my colleagues to vote no. drawn. NOT VOTING—1 The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Kirk question is on agreeing to the Shelby objection, it is so ordered. The amendment was agreed to. amendment No. 1491, as modified. Mr. LIEBERMAN. Madam President, Mr. LIEBERMAN. Madam President, Mr. SHELBY. I ask for the yeas and I thank the Senator from Kentucky. I I move to reconsider the vote. nays. would urge others with amendments

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.037 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S302 CONGRESSIONAL RECORD — SENATE February 2, 2012 listed here to think of following that The PRESIDING OFFICER. The divided on the Blumenthal amendment example. But certainly as I look at the question is on agreeing to the amend- No. 1498. next four amendments, I think they ment. The Senator from Massachusetts. are all noncontroversial. I would urge The amendment (No. 1505) was agreed Mr. BROWN of Massachusetts. their sponsors to have the 2 minutes of to. Madam President, I would like to take debate, and, hopefully, let’s have a Mr. PORTMAN. Madam President, I a moment to commend Senator voice vote so we can proceed. move to reconsider the vote. BLUMENTHAL and Senator KIRK. As you The PRESIDING OFFICER. The Sen- Ms. COLLINS. I move to lay that mo- all know, Senator KIRK is battling to ator from California. tion upon the table. come back with us. As a gesture and AMENDMENT NO. 1489 The motion to lay upon the table was also because it is a good-government Mrs. BOXER. Madam President, I be- agreed to. measure, this particular amendment, lieve my amendment is next. AMENDMENT NO. 1510 TO AMENDMENT NO. 1470 No. 1498, extends the number and types The PRESIDING OFFICER. There The PRESIDING OFFICER. There of felonies for which Members of Con- will now be 2 minutes of debate equally will now be 2 minutes of debate equally gress and executive branch employees divided on the Boxer amendment No. divided on the Enzi amendment No. or an elected State or local govern- 1489. 1510. ment official can lose his or her pen- Mrs. BOXER. Madam President, I Ms. COLLINS. Madam President, this sion. This is a good-government would be delighted to take a voice vote is a very good amendment that Senator amendment and an appropriate way to on this amendment, which I am proud ENZI has offered. It recognizes the fact honor our colleague, Senator KIRK, to say was written by myself and Sen- that we do not control trades that hap- whom we wish a speedy recovery. ator ISAKSON. I am very pleased Sen- pen within mutual funds. Thus, there is I ask to have the yeas and nays by ator COLLINS suggested the modifica- not a need for reporting every 30 days; voice vote. tion. rather, we should keep the annual re- The PRESIDING OFFICER. The Sen- All this amendment does is broaden porting requirement. ator from Connecticut. the mortgage disclosure requirements It has been cleared by both sides. I do Mr. BLUMENTHAL. Madam Presi- on all of us—Members of Congress—and not believe it requires a rollcall vote. I dent, I wish to join in acknowledging it does the same thing for the Presi- would suggest that we vitiate any roll- Senator KIRK’s contribution to this dent, the Vice President, and the exec- call vote that was suggested and adopt amendment. The reason I have offered utive branch employees who are sub- it by a voice vote, with the concur- it is very simply to send a message and ject to the advice and consent of the rence of the chairman of the com- have the effect that no corrupt elected Congress. mittee. official, no official convicted of a fel- I think it is fair, I think it is wise, Mr. LIEBERMAN. Madam President, ony in connection with his official du- and I think we have had issues that re- this is a good amendment. I support it. ties as a Member of Congress should re- quire this to be done. Ms. COLLINS. Madam President, on ceive one dime of taxpayer money. And With that, I yield back my time to behalf of Senator ENZI, I call up the that breach of law should have con- Senator COLLINS. amendment. sequences. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The I join in asking for a voice vote. ator from Maine. clerk will report. Mr. BROWN of Massachusetts. Ms. COLLINS. Madam President, I The legislative clerk read as follows: Madam President, I ask unanimous am very pleased the Senator from Cali- The Senator from Maine [Ms. COLLINS], for consent to vitiate the 60-vote threshold fornia has agreed to modify her amend- Mr. ENZI, proposes an amendment numbered on this amendment. ment to apply it to the executive 1510 to amendment No. 1470. The PRESIDING OFFICER. Without branch. I thank her very much for her The amendment is as follows: objection, it is so ordered. cooperation, and I would suggest the (Purpose: To clarify that the transaction re- The question is on agreeing to the amendment be adopted, as modified, by porting requirement is not intended to amendment. a voice vote. apply to widely held investment funds) The amendment (No. 1498) was agreed Mrs. BOXER. Madam President, I ask At the end of the amendment, insert the to. for a voice vote. following: Mr. BROWN of Massachusetts. The PRESIDING OFFICER. The Sen- SEC. lll. TRANSACTION REPORTING REQUIRE- Madam President, I move to reconsider ator from Connecticut. MENTS. the vote. Mr. LIEBERMAN. Madam President, The transaction reporting requirements es- Mr. LIEBERMAN. Madam President, I ask unanimous consent to vitiate the tablished by section 101(j) of the Ethics in I move to lay that motion upon the 60-vote requirement on this amend- Government Act of 1978, as added by section 6 of this Act, shall not be construed to apply table. ment. The motion to lay upon the table was The PRESIDING OFFICER. Without to a widely held investment fund (whether such fund is a mutual fund, regulated invest- agreed to. objection, it is so ordered. ment company, pension or deferred com- The question is on agreeing to the AMENDMENT NO. 1472 pensation plan, or other investment fund), The PRESIDING OFFICER. There amendment. if— The amendment (No. 1489), as modi- (1)(A) the fund is publicly traded; or will now be 2 minutes of debate equally fied, was agreed to. (B) the assets of the fund are widely diver- divided on the Toomey amendment No. Mr. LIEBERMAN. Madam President, sified; and 1472. I move to reconsider the vote. (2) the reporting individual neither exer- The Senator from Pennsylvania. Ms. COLLINS. I move to lay that mo- cises control over nor has the ability to exer- Mr. TOOMEY. Madam President, I tion on the table. cise control over the financial interests held rise in support of my amendment. I The motion to lay on the table was by the fund. wish to thank Senator MCCASKILL for agreed to. The PRESIDING OFFICER. The cosponsoring this amendment and for AMENDMENT NO. 1505 question is on agreeing to the amend- her support on this ban on earmarks. The PRESIDING OFFICER. The Sen- ment. What this amendment does is it ator from Maine. The amendment (No. 1510) was agreed would codify the current moratorium Ms. COLLINS. Madam President, the to. that is in place. I commend the major- next amendment is one from Senator Mr. LIEBERMAN. Madam President, ity Senators for extending that mora- PORTMAN. It is No. 1505. It is truly a I move to reconsider the vote. torium, but let’s just codify this now, technical amendment. I do not believe Ms. COLLINS. I move to lay that mo- put this in place, and end this process it needs a rollcall vote. I would sug- tion upon the table. that lacks any transparency. This is a gest, with the concurrence of the chair- The motion to lay upon the table was surgical point of order that would not man, that we vitiate the yeas and nays agreed to. be held against the entire bill but, and adopt it by a voice vote. AMENDMENT NO. 1498 rather, just the specific earmark. Mr. LIEBERMAN. Madam President, The PRESIDING OFFICER. There Unlike the next amendment, which I have no objection. will now be 2 minutes of debate equally would allow earmarks on authorization

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.040 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S303 bills and would permit, for instance, Union speech. The time has come to spent through competitive grant programs earmarking of the ‘‘bridge to nowhere’’ end this practice once and for all, per- or by states into specific projects favored by and would only forbid earmarks on ap- manently. an individual member. So, for example, if a Let me be clear, both Republicans member of the Nevada delegation succeeded propriations bills, this would be a ban in getting a $2 million earmark to build a bi- on earmarks of all kinds. and Democrats have been guilty of cycle trail in Elko in 2005, then that $2 mil- Some suggest that we would be wasting valuable taxpayer dollars on lion would be taken out of the $254 million ceding our constitutional control of these pet projects. And as the morato- allocated to the Nevada Department of the purse strings. This is clearly not rium on earmarking expires at the end Transportation (DOT) for that year. So if Ne- true. Most of all government spending of this year, we must move forward vada had wanted to spend that money fixing is not earmarked. Most discretionary with a permanent ban to protect the a highway in rapidly expanding Las Vegas, spending is not earmarked. That American taxpayer. thanks to the earmark, they would now be out of luck. doesn’t mean we have ceded our au- Let me remind my colleagues about thority to the executive branch. The our current fiscal situation. Our Na- If we want to show the American fact is, we define the terms and the tional debt now stands at over $15 tril- public that we are really serious about rules under which the spending can lion and our deficit stands at $1.3 tril- preventing corruption in Congress than we owe it to the American people to occur. That is appropriate, but it ought lion. In fact, this is the fourth year in completely ban all earmarks in Con- to happen under scrutiny and should be a row with deficits over a trillion dol- gress. Senator TOOMEY’s amendment subject to full review. lars. Unemployment in our country proposes to do just that and I encour- The PRESIDING OFFICER. The Sen- stands at 8.5 percent and according to age my colleagues to support his ator’s time has expired. CBO, unemployment is expected to re- The Senator from Hawaii. amendment. main above 8 percent until 2015. Given Mr. TOOMEY. Madam President, I Mr. INOUYE. Madam President, this these dismal economic numbers, are we ask for the yeas and nays. amendment does not save any money. prepared to tell the American people The PRESIDING OFFICER. Is there a It does not reduce the deficit. It simply that we want to go back to the corrupt sufficient second? There is a sufficient gives additional power to the President practice of earmarking and spend their second. and thereby weakens the legislative hard-earned tax dollars on pork barrel The Senator from Oklahoma. branch. projects that have little purpose other Mr. INHOFE. Madam President, I The reality is that without these ear- than to improve the re-election pros- wanted to inquire, is there any time re- marks, we find ourselves at the mercy pects of their authors? maining? of bureaucrats to ensure that our local Some of my colleagues are ‘‘happy’’ The PRESIDING OFFICER. There is needs are fulfilled. No one in this with their earmarking pasts and have no time remaining. Chamber believes that a bureaucrat justified carrying on the practice by Mr. INHOFE. Madam President, I ask here in Washington knows better or saying that they only account for a unanimous consent that I be recog- understands the needs of their home small percentage of our annual budget. nized for 1 minute. State as well as they do. That may be the case—but is that real- The PRESIDING OFFICER. Without So I say again, Madam President, the ly reason enough to continue a practice objection, so ordered. voluntary moratorium is now 100 per- that breeds corruption? I am very Mr. DURBIN. Reserving the right to cent successful. It will continue in fis- aware that earmarks consume a very object. I withdraw that reservation. cal year 2013. small percentage of a budget measured Mr. TOOMEY. Madam President, re- I urge my colleagues to vote against in the trillions. But given the serious serving the right to object, if the Sen- the Toomey amendment. problems confronting American fami- ator will grant 1 minute on his amend- Mr. MCCAIN. Mr. President, I come lies, many of whom wake up every ment, then I will not object. The PRESIDING OFFICER. Without to the floor today to speak in support morning wondering if they will lose of Senator TOOMEY’s amendment to objection, it is so ordered. their job or their house, it is appalling The Senator from Oklahoma. permanently ban the use of earmarks that Congress will not stir itself to re- in Congress. The underlying bill, the Mr. INHOFE. Madam President, first linquish any of its self-serving preroga- of all, I appreciate the opportunity to STOCK Act, was designed to end a cor- tives in solidarity with the people we rupt practice in Congress. I fully sup- be heard. serve, who have had to tighten their I agree with what the author, Sen- port that goal. But if we are serious own budgets, change their spending ator TOOMEY, is trying to do in terms about ending corruption in Congress, habits and restrain their ambitions. It of what most people think of as an ear- then we must begin by permanently is all the more offensive given that we mark. The problem is this: You can banning earmarks. It is my belief that have had in recent times all the evi- vote for this if you are voting for and these two issues go hand and hand. dence we should require to understand are against all earmarks as it is de- One of the most blatant examples of that earmarks are so closely tied to fined. It depends on how you do it. In the corruption that stems from ear- acts of official corruption. the House, it is defined, under their marking is the case of former U.S. Rep- In a report titled ‘‘Why Earmarks rules, and it has been defined here as resentative Randy Cunningham who Matter’’ The Heritage Foundation any type of appropriation or authoriza- now sits in a Federal penitentiary wrote: tion. I would suggest to you, if you get today for selling earmarks. Among the They Invite Corruption: Congress does the Constitution and look up article I, $2.4 million in bribes Cunningham ad- have a proper role in determining the rules, section 9, it says that is what we are mitted receiving were the sale of his eligibility and benefit criteria for federal supposed to be doing here. house at an inflated price, the free use grant programs. However, allowing law- So if I knew that my next amend- of a yacht, a used Rolls-Royce, antique makers to select exactly who receives gov- ment would pass, which defines an ear- furniture, Persian rugs, jewelry, and a ernment grants invites corruption. Instead mark as an appropriation that has not of entering a competitive application process $2,000 contribution for his daughter’s been authorized, which I know Senator college graduation party. In return, he within a federal agency, grant-seekers now often have to hire a lobbyist to win the ear- TOOMEY and several others agree would earmarked untold millions of dollars mark auction. Encouraged by lobbyists who be a good idea, then I would be whole- and pressured the Department of De- saw a growth industry in the making, local heartedly in support of this. So obvi- fense to award contracts to his co-con- governments have become hooked on the ously we should have had that vote spirators. earmark process for funding improvement first. So I would vote against this even Year after year I have been coming projects. though I agree with what they are try- to the Senate floor to speak out They Encourage Spending: While there ing to do. But my next amendment is may not be a causal relationship between the against the corrupt practice of Con- going to be the one that is necessary. gressional earmarking and I have been two, the number of earmarks approved each year tracks closely with growth in Federal The PRESIDING OFFICER. The Sen- joined by many of my colleagues such spending. ator’s time has expired. as Senators COBURN and MCCASKILL. They Distort Priorities: Many earmarks do The question is on agreeing to the Even President Obama called for a ban not add new spending by themselves, but in- amendment. This amendment has a 60- on earmarks in last year’s State of the stead redirect funds already slated to be vote threshold.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.042 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S304 CONGRESSIONAL RECORD — SENATE February 2, 2012 The clerk will call the roll. We have been fighting this battle McCain Pryor Toomey The assistant legislative clerk called since 1816, and it is time we end it. This McCaskill Reed Udall (CO) McConnell Reid Udall (NM) the roll. is a way of doing it, merely defining it Menendez Risch Vitter Mr. KYL. The following Senator is as an earmark that hasn’t been author- Merkley Rockefeller Warner necessarily absent: the Senator from ized. I retain the remainder of my Mikulski Rubio Webb Moran Sanders Illinois (Mr. KIRK). time. Whitehouse Murray Schumer Wyden The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- Nelson (NE) Shaheen any other Senators in the Chamber de- ator from Pennsylvania. Paul Tester siring to vote? Mr. TOOMEY. Madam President, I NOT VOTING—1 The result was announced—yeas 40, point out that the Constitution doesn’t Kirk nays 59, as follows: make a distinction between an author- The PRESIDING OFFICER. Under [Rollcall Vote No. 8 Leg.] izing committee and an appropriating YEAS—40 the previous order requiring 60 votes committee. I don’t think we ought to for the adoption of this amendment, Ayotte Graham Nelson (FL) be having the discussion and argument the amendment is rejected. Barrasso Grassley Paul over who gets the earmark and who Bennet Hagan Portman The Senator from Massachusetts. Boozman Hatch Risch doesn’t. It is the process that is flawed. Mr. BROWN of Massachusetts. Mr. Brown (MA) Heller Rubio It is the process that doesn’t have the President, I ask unanimous consent to Burr Isakson Snowe kind of scrutiny and the transparency Chambliss Johanns vitiate the 60-vote requirement thresh- Stabenow and is not subject to competition the Coats Johnson (WI) Thune old on amendment No. 1471 and amend- Coburn Kyl Toomey way it ought to be before taxpayer dol- ment No. 1483. Corker Lee Udall (CO) lars are spent. So my objection is to The PRESIDING OFFICER. Is there Cornyn McCain Vitter Crapo McCaskill this process wherever this occurs in the objection? DeMint McConnell Warner Senate or the House. Without objection, it is so ordered. Enzi Moran While I respect the intentions of my Mr. BROWN of Massachusetts. I NAYS—59 colleague from Oklahoma, I disagree would also ask unanimous consent to Akaka Gillibrand Murkowski with him. I suggest a ‘‘no’’ vote. have the yeas and nays by voice vote Alexander Harkin Murray Mr. INHOFE. Madam President, I fur- on amendment No. 1471 and amend- Baucus Hoeven Nelson (NE) ther say that after the stimulus bill, ment No. 1483 as well. Begich Hutchison Pryor all of the 102 most egregious votes last The PRESIDING OFFICER. Is there Bingaman Inhofe Reed Blumenthal Inouye Reid year—or earmarks, not one was a con- objection? Blunt Johnson (SD) Roberts gressional earmark. They were all bu- Without objection, it is so ordered. Boxer Kerry Rockefeller reaucratic earmarks. If we don’t do our AMENDMENT NO. 1471 Brown (OH) Klobuchar Sanders Cantwell Kohl constitutional job under article I, sec- Mr. BROWN of Massachusetts. Mr. Schumer Cardin Landrieu tion 9 of the Constitution, the Presi- President, further, before I yield to Sessions Carper Lautenberg dent will be doing our job. Senator MCCAIN, I would like to briefly Casey Leahy Shaheen Cochran Levin Shelby The PRESIDING OFFICER. The Sen- set up amendment No. 1471. Collins Lieberman Tester ator’s time has expired. The question is Fannie and Freddie have cost the Conrad Lugar Udall (NM) on agreeing to the amendment. American taxpayers billions of dollars. Coons Manchin Webb This year, they paid exorbitant bo- Durbin Menendez Whitehouse Mr. INHOFE. Madam President, I ask Feinstein Merkley Wicker for the yeas and nays. nuses to their executives. Franken Mikulski Wyden The PRESIDING OFFICER. Is there a I wish to commend Senator MCCAIN NOT VOTING—1 sufficient second? for his work on this very important issue and his leadership, and I encour- Kirk There is a sufficient second. age everybody to vote yes on it. The PRESIDING OFFICER. Under The yeas and nays are ordered. The clerk will call the roll. I now yield to Senator MCCAIN. the previous order, requiring 60 votes The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. for the adoption of this amendment, ator from Arizona. Mr. KYL. The following Senator is the amendment is rejected. Mr. MCCAIN. Mr. President, I don’t Mr. LIEBERMAN. Madam President, necessarily absent: the Senator from have anything more to say. On behalf Illinois (Mr. KIRK). I move to reconsider the vote, and I of myself and Senator ROCKEFELLER, I move to lay that motion on the table. The PRESIDING OFFICER (Mr. offer this amendment. The motion to lay on the table was MANCHIN). Are there any other Sen- I yield the floor. agreed to. ators in the Chamber desiring to vote? Mr. LIEBERMAN. Through the AMENDMENT NO. 1500 The result was announced—yeas 26, Chair, I was going to ask my friend The PRESIDING OFFICER. Under nays 73, as follows: from Arizona if he is feeling all right. the previous order, there will now be 2 [Rollcall Vote No. 9 Leg.] The PRESIDING OFFICER. The Sen- minutes of debate equally divided, with YEAS—26 ator looks just fine. 1 minute controlled by the Senator Alexander Corker Portman Mr. LIEBERMAN. He does. from Pennsylvania, Mr. TOOMEY, on Begich Graham Roberts The PRESIDING OFFICER. Is there amendment No. 1500, offered by the Blunt Hutchison Sessions further debate? If not, the question is Boxer Inhofe Senator from Oklahoma, Mr. INHOFE. Shelby on agreeing to the amendment. Brown (MA) Isakson This amendment is also subject to a 60- Snowe The amendment (No. 1471) was agreed Casey Kohl Stabenow vote threshold. Chambliss Kyl Thune to. Mr. INHOFE. Madam President, I Cochran Murkowski Wicker Mr. BROWN of Massachusetts. Mr. have the utmost respect for Senator Collins Nelson (FL) President, I move to reconsider the TOOMEY and what he is trying to do. To NAYS—73 vote. me, this amendment is compatible Akaka Conrad Hoeven Mr. LIEBERMAN. I move to lay that with what he is trying to do. It merely Ayotte Coons Inouye motion on the table. defines an earmark as an appropriation Barrasso Cornyn Johanns The motion to lay on the table was Baucus Crapo Johnson (SD) that has not been authorized. Bennet DeMint Johnson (WI) agreed to. My junior Senator said on the Senate Bingaman Durbin Kerry The PRESIDING OFFICER. The Sen- floor a year ago that, in a way that is Blumenthal Enzi Klobuchar ator from Vermont. Boozman Feinstein Landrieu AMENDMENT NO. 1483 good, because if a bad earmark comes Brown (OH) Franken Lautenberg up, we have two shots at it—one on au- Burr Gillibrand Leahy Mr. LEAHY. Mr. President, am I cor- thorization and one on appropriation. Cantwell Grassley Lee rect that amendment No. 1483, the Senator TOOMEY, Senator MCCAIN, and Cardin Hagan Levin Leahy-Cornyn amendment, is next? Carper Harkin Lieberman others have been supportive of the idea Coats Hatch Lugar The PRESIDING OFFICER. The that we should go back to authorizing. Coburn Heller Manchin amendment is now pending.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.016 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S305 SECTIONS 205 AND 211 corruption. In fact, in Skilling v. information’’ and made sure we did so Mr. LEVIN. Mr. President, Senator United States, the Supreme Court in- in such a way that our definition would LEAHY and Senator CORNYN have intro- vited Congress to criminalize undis- apply only to the precise section of the duced a rather substantial amendment closed self-dealing in the specific and Criminal Code where the new undis- to the STOCK Act that would strength- narrowly tailored way we do today. closed self-dealing provision will ap- en the tools that prosecutors and in- Mr. LEVIN. Does this amendment pear. vestigators use to detect and prosecute create the potential for arbitrary or Mr. LEVIN. One question that has corruption by public officials. I would politically motivated prosecutions of arisen is whether the definition of like to ask my colleagues a few clari- local officials? ‘‘material information’’ in the new fying questions about how their Mr. LEAHY. No, it does not. Crimi- Criminal Code section your amend- amendment achieves this laudable nal liability only attaches when the ment creates is intended to or could af- goal. public official acts with fraudulent in- fect other parts of the STOCK Act Mr. LEAHY. We would be happy to tent and does so in knowing violation since the same term also appears in a answer the Senator’s questions. of existing rules and regulations. very different context in other parts of Mr. LEVIN. My first question refers Mr. LEVIN. Why isn’t there a mag- the bill. to section 205 of your amendment, cov- nitude requirement for the financial Mr. LEAHY. Our definition will have ering bribery and graft. What is the interest underlying undisclosed self- no effect on the term ‘‘material infor- purpose of including the phrase dealing? If one just reads this section, mation’’ as it appears in other parts of ‘‘former public official’’? How is it pos- it appears as though even a trivial, at- the STOCK Act because it is drafted to sible to bribe a former public official? tenuated financial benefit could lead to apply only to the new Criminal Code Mr. LEAHY. You cannot bribe a a violation. provision and not to other criminal former public official, at least not Mr. LEAHY. A trivial, attenuated fi- laws or the Federal securities laws. On under the terms of this amendment. nancial benefit could not lead to this page 12, line 11 of amendment 1483, it Section 205 does ensure that when a violation because the public official says ‘‘definitions—as used in this sec- public official accepts a bribe in return must still act knowingly and with tion:’’ and then provides a set of defini- for taking an official act, the official fraudulent intent to receive the ben- tions which includes ‘‘material infor- cannot escape liability by leaving pub- efit, and they must do so in violation mation.’’ That provision very clearly lic service before the bribe is received of existing law. For example, if State applies the definition only to that new or discovered. ethics rules do not require disclosure of Criminal Code section, not to the rest Mr. LEVIN. Under section 205, an ‘‘of- financial interests below a certain of title 18, to the remainder of the ficial act’’ can refer to any matter threshold, then undisclosed self-deal- STOCK Act, or to Federal securities which may ‘‘at any time be pending.’’ ing—even with fraudulent intent— law. In fact, this language was drawn What prevents this definition from below that threshold could not be from S. 401, the Leahy-Cornyn Public being overbroad and covering matters charged under this statute. Moreover, Corruption Prosecutions Improvement that a former public official, for exam- the amendment requires the public of- Act, and it is the legislative history of ple, never anticipated would be pend- ficial to act for the purpose of bene- that bill and not that of the STOCK ing? fiting a financial interest. Act, that will apply when our amend- Mr. LEAHY. The former public offi- Mr. LEVIN. Suppose a local official ment is interpreted. cial must accept the bribe or gratuity has not disclosed, as required by a local Mr. LEVIN. I thank the Senator for ‘‘for or because of’’ the official act. If ordinance, that he owns a home in a that clarification. In addition to the the public official does not know that a targeted improvement district in his precise wording of amendment 1483 and matter is pending, the public official county. Then this official votes to in- clear congressional intent that the cannot accept a bribe ‘‘for or because’’ stall street lights in his town, which phrase used in the new Criminal Code of it. lowers crime, improves commerce, and section not be imported to Federal se- Mr. LEVIN. Section 205 also refers to consequently increases the value of his curities law, the definition actually an official’s ‘‘place of trust and profit.’’ and other homes. Has he committed a used in your amendment has no appli- What is a ‘‘place of trust and profit’’? Federal offense? cability or relevance to the materiality Mr. LEAHY. This phrase is in the Mr. LEAHY. No, the local official has considerations that arise in insider current bribery and gratuities statute not committed a Federal offense in the trading cases. and has been part of the law for dec- hypothetical you describe. Criminal li- I ask Senator CORNYN, does he agree ades. Our amendment does not change ability under Federal law only exists if with Senator LEAHY regarding our dis- its definition or the scope of its use. It the official knowingly fails to disclose cussion of the amendment? appears in section 205 because of the the interest and further intentionally Mr. CORNYN. I agree. way that the amendment is drafted, acts to benefit that financial interest Mr. LEVIN. I thank both of my col- and it is interpreted consistent with and does so with the fraudulent intent leagues for working with me to address the extensive body of case law on cor- required of the mail and wire fraud my questions about the Leahy-Cornyn ruption. statute. In the hypothetical you de- amendment. Mr. LEVIN. I thank my colleague. scribe, there is no fraud and therefore Mr. COBURN. Mr. President, I rise to Turning to section 211 of your amend- no criminal activity. express my concerns about amendment ment, the ‘‘Prohibition on Undisclosed Mr. LEVIN. I thank my colleague for No. 1483 to the STOCK Act. While we Self-Dealing By Public Officials,’’ what his helpful explanation. There is one all oppose public corruption and recog- is purpose of codifying this prohibi- more issue I would like to discuss. Sec- nize the need for tough laws in this tion? tion 211 of your amendment includes a area, I believe this amendment may Mr. LEAHY. Without this codifica- definition of ‘‘material information.’’ I blur the line between innocent behav- tion, there is no Federal law prohib- want to be absolutely clear that this ior and criminal public corruption of- iting certain public officials from act- definition is specific to section 211 and fenses. This amendment expands the ing in their own financial interest, at is in no way intended to provide any Federal criminal gratuities statute to the expense of the public, and in viola- meaning to the phrase ‘‘material infor- cover the gift of anything of value, tion of existing State and local law. mation’’ as used elsewhere in the over $1,000, that is given to a public of- Mr. LEVIN. Why is it necessary to STOCK Act or anywhere else in law. ficial simply because of their status as make it a Federal crime for a local of- Mr. LEAHY. Senator CORNYN and I a public official. A unanimous Supreme ficial to engage in undisclosed self- worked hard to ensure that our amend- Court in United States v. Sun-Diamond dealing? ment addresses the issue of undisclosed Growers of California interpreted the Mr. LEAHY. This is an area where self-dealing in a narrow and precise honest services law to require the gov- there is a particular Federal interest manner. To make sure there are no am- ernment to actually prove a link be- because if the corrupt official is in biguities in the updated honest services tween the thing of value given and the State or local law enforcement, there statute our amendment creates, we specific act. The Court said the thing may be no other way to ferret out the carefully defined the term ‘‘material of value must be given ‘‘for or because

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.045 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S306 CONGRESSIONAL RECORD — SENATE February 2, 2012 of’’ an official act. I am concerned that This amendment will provide inves- corruption, but a mayor who conceals expanding the crime to include items tigators and prosecutors with the tools his interest in a company, awards a given merely on the basis of the public they need to hold officials at all levels contract, and secretly makes $1 million official’s status goes too far and crim- of government accountable when they out of the deal likely cannot be pros- inalizes some legitimate conduct. act corruptly by closing legal loop- ecuted. A contracting officer who ac- However, my primary concern with holes. This amendment, which reflects cepts thousands of dollars in gifts from this amendment is the section that a bipartisan, bicameral agreement, will a frequent bidder hoping for favorable gives the Federal Government the au- strengthen and clarify key aspects of treatment on some unspecified future thority to interpret, prosecute, and en- Federal criminal law and help inves- contract likely cannot be prosecuted. force State and local laws. I believe tigators and prosecutors attack public The Department of Justice has been this provision violates the basic prin- corruption nationwide. The Senate Ju- dismissing counts and cases because of ciples of federalism embodied in our diciary Committee has now reported these gaps in the law. It is time to fix Constitution. Amendment No. 1483 ex- this bill with bipartisan support in them. pands the definition of ‘‘scheme or arti- three successive Congresses. The House If we are serious about addressing the fice to defraud’’ in Federal criminal Judiciary Committee recently reported kinds of egregious misconduct that we law to include the ‘‘undisclosed self- a companion bill unanimously. It is have witnessed in recent years in high- dealing’’ of an ‘‘officer, employee, or time for Congress to act to pass serious profile public corruption cases, Con- elected or appointed representative, or anti-corruption legislation. gress should enact meaningful legisla- person acting for or on behalf of the Importantly, the amendment in- United States, a State, or a subdivision tion to give investigators and prosecu- cludes a fix to reverse a major step tors the tools they need to enforce our of a State, or any department, agency backward in the fight against fraud or branch of government.’’ The amend- laws. Public corruption erodes the and corruption. In Skilling v. United ment defines ‘‘undisclosed self-dealing’’ faith the American people have in States, the Supreme Court sided with a as an official act that furthers or bene- those who are given the privilege of former executive from Enron and fits a financial interest of the official public service. This amendment will greatly narrowed the honest services or certain family members and associ- help us to take real steps to restore ates of the official. Undisclosed self- fraud statute, a law that has been used confidence in government by rooting dealing also occurs when the official for decades as a crucial weapon to com- out criminal corruption. knowingly falsifies, conceals, or covers bat public corruption and self-dealing. The PRESIDING OFFICER. The Sen- up material information that is re- The Court’s decision leaves corrupt ator from Texas. quired to be disclosed by any Federal, conduct unchecked. Most notably, the Mr. CORNYN. Mr. President, I hope State, or local statute, rule, regula- Court’s decision would leave open the our colleagues will support this amend- tion, or charter or the knowing failure opportunity for state and Federal pub- ment that Senator LEAHY and I have to disclose material information in a lic officials to secretly act in their own worked on. This is an expansion of our manner that is required by a Federal, financial self-interest, rather than in Public Corruption and Prosecution Im- State, or local statute, rule, regula- the interest of the public. This amend- provements Act which passed the Judi- tion, or charter. Thus, this provision ment closes this gaping hole in our ciary Committee last year. makes it a Federal crime for a State or anti-corruption laws. Mr. President, I am proud to co-spon- The amendment includes several local official to fail to comply with a sor this important amendment with other provisions designed to tighten State or local law, including the mere Senator PATRICK LEAHY, the distin- existing law. It fixes the gratuities filing requirements of State or local- guished chairman of the Judiciary statute to make clear that public offi- ity. This provision gives the Federal Committee. cials must not be bought. It reaffirms Government the power to enforce State Our amendment is drawn from bipar- that public officials may not accept and local laws. tisan, bicameral legislation—including anything worth more than $1,000, other I do not believe our Founders in- our Public Corruption Prosecution Im- than what is permitted by existing tended for Federal prosecutors to be provements Act, which passed the Ju- rules and regulations, given to them able to bring Federal criminal cases diciary Committee last year. against State or local officials based on because of their official position. It Public corruption is not a Republican that official allegedly breaking or fail- strengthens key sentences and gives or Democratic problem. It is a Wash- ing to comply with a State or local prosecutors and investigators time to ington, DC, problem. And it is a prob- law, and the Founders did not intend make complex and difficult cases. lem in statehouses and city halls for Federal judges and Federal courts As a former State prosecutor, I am across this country. Our citizens de- to be interpreting the State or local sensitive to the dangers of creating too serve to be governed by the rule of law, laws, expect in limited circumstances. many Federal crimes. In the area of not the rule of man. Unfortunately, Corruption of State and local officials public corruption, however, sometimes human nature being what it is, a few is a serious problem, but it is not the it is only the Federal government that rotten apples have a tendency to spoil Federal Government’s problem to can effectively pursue complex corrup- solve. For these other reasons, I oppose tion matters. Conflicts and relation- the bunch. this amendment in its current form. ships can make it difficult for State The amendment we will vote on Mr. LEAHY. Mr. President, the and local law enforcement, and these today will strengthen the enforcement Leahy-Cornyn amendment is drawn matters can require extensive re- of U.S. Federal laws aimed at com- from our Public Corruption Prosecu- sources that cannot be diverted from bating betrayals of public dollars and tion Improvements Act. Our bill has hard-pressed local budgets. This Fed- the public trust. Our amendment does been supported by the United States eral law stands as a backstop to help this by making clarifications to public Department of Justice in a March 2009 ensure against public corruption. corruption laws and by giving prosecu- letter, and this amendment is sup- I also know how important it is that tors precise tools to use in their battle ported by the National Taxpayers our criminal laws be fair and precise, against corrupt officials. Union, the FBI Agents Association, the giving sufficient notice to those who Our amendment increases the max- National Association of Assistant may break the law. It is in that spirit imum punishments on several offenses, United States Attorneys, the non- that Senator CORNYN and I, working including theft and embezzlement of partisan Campaign Legal Center, the with Congressmen SENSENBRENNER and federal funds, bribery, and a number of League of Women Voters, Citizens for QUIGLEY, have refined this legislation. corrupt campaign contribution prac- Responsibility and Ethics in Wash- We have made it careful and precise tices. For example, it cracks down on ington, Common Cause, and Democracy and built in important safeguards. This theft or bribery related to entities that 21. I am working with Senator CORNYN, amendment will only target corrupt receive Federal funds, by increasing the lead Republican cosponsor of our conduct. the maximum sentence for a convic- bill and this amendment. We thank Right now, a mayor who takes a tion from 10 to 15 years and lowering Senators CASEY and KIRK for cospon- $1,000 payment to award a contract to a the threshold that prosecutors must soring this amendment. specific company can be prosecuted for prove, from $5,000 to $1,000.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.046 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S307 It also clarifies the law in response to ute to reach corrupt conduct—i.e., un- ready exists. Senator HATCH and I have several court decisions narrowly inter- disclosed self-dealing—that Congress also introduced legislation to create an preting the public corruption statutes. intended to be part of the criminal law. official ‘‘Unauthorizing Committee’’ For example, the bill revises the defini- Some opponents of this amendment that would reinstitute a committee in tions of ‘‘illegal gratuities’’ and ‘‘offi- believe that we should repeal portions Congress to rid our government of out- cial acts,’’ clarifying that an entire of current law so that the Federal gov- dated and ineffective laws. ‘‘course of conduct’’ can be the result ernment has no role whatsoever in In the next few weeks, the GAO will of bribery. rooting out public corruption at the release a report showing the extent of Federal investigators who seek to State and local level. I fundamentally the wasteful and duplicative programs root out corrupt officials will benefit disagree. in the federal government. It shows from new tools provided in this legisla- Consider the all-too-common case of that too often Congress focuses on cre- tion. The bill would extend the statute a corrupt State governor or State ating new programs and regulations of limitations on certain serious public judge that local prosecutors are loathe while neglecting our important role of corruption offenses, giving prosecutors to indict—or even investigate—for fear overseeing and reforming existing laws. more time to investigate and build a of reprisal. Our amendment would require that any case. Finally, I have heard some ask: new bill that is reported from com- And it expands the criminal venue Would this legislation criminalize the mittee contain an analysis from the provisions, allowing prosecutors to giving of baseball caps, jerseys, or Congressional Research Service deter- bring the case against corrupt officials other ceremonial gifts to Members of mining if the bill creates any new fed- in any district where some part of the Congress? eral program, office, or initiative that corruption occurred. The bill similarly The answer is very simple: No, it would overlap existing programs. Oppo- expands the venue for perjury and ob- would not. nents worry that this amendment will struction of justice. First, the amendment would only slow the legislative process, but I be- I would like to take a minute or two apply to status gratuities worth more lieve that we must first pursue in- to address concerns that I have heard, than $1,000. Second, the amendment formed legislating and efficient govern- including from some on my side of the would also require prosecutors to prove ment. aisle. that the government official in ques- Senator COBURN and I don’t always One criticism I have heard is that tion knowingly accepted the illegal agree on the reach of government and this legislation ignores federalism gratuity in violation of the relevant the investments we ought to make, but principles. ethics rules or regulations governing we agree that our government ought to This concern is directed at a portion their conduct. be smart, it ought to be efficient, and of the amendment clarifying that the I urge my colleagues to support the we shouldn’t have duplication. This mail and wire fraud statute applies to amendment. I look forward to engaging amendment would see us to that goal. any public official who uses the inter- with any of my colleagues who have Sixty-three of us voted for this amend- state mails or wires to advance a fraud- concerns or questions. ment last year. Let’s get 63 votes and ulent scheme involving illegally undis- I thank Chairman LEAHY for his lead- more. closed self-dealing. ership on this and other legislation we The PRESIDING OFFICER. The Sen- The Supreme Court has interpreted have crafted together. I yield the floor. ator from Connecticut. the mail and wire fraud statutes more The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Mr. President, I narrowly—asking that Congress clarify ator from Connecticut. respectfully oppose the amendment put the definition of illegally undisclosed Mr. LIEBERMAN. Mr. President, I in by my two friends. This would self-dealing. wish to briefly thank the Senators amend the Senate rules to make it out Under this amendment, the Federal from Vermont and Texas for this of order for the Senate to proceed to government would only be able to pros- amendment. It strengthens the bill, as any bill or joint resolution unless the ecute State officials where they can does the preceding amendment offered committee of jurisdiction has posted show, beyond a reasonable doubt, that by Senator MCCAIN, and I urge its on its Web site a CRS analysis of the State official in question had adoption. whether the bill would create a new knowingly or intentionally violated The PRESIDING OFFICER. The program, office, or initiative that du- relevant State laws concerning the dis- question is agreeing to the amendment. plicates or overlaps an existing one. So closure of material financial interests. The amendment (No. 1483) was agreed it sounds pretty good on the surface, In other words, this legislation ex- to. but there are two problems. One is that pressly defers to the States to deter- AMENDMENT NO. 1473 CRS tells us it would be hard-pressed mine what financial disclosures their The PRESIDING OFFICER. There to carry out this responsibility, cer- public officials should be required to will now be 2 minutes of debate equally tainly in a timely manner. The second make. divided on the Coburn amendment. results from the first, which is that Additionally, this provision would re- The Senator from Oklahoma. this would be another way to slow leg- quire the Federal government to show Mr. COBURN. This is a simple, bipar- islation because it did not yet have the that the State official in question had tisan amendment, and we have voted CRS analysis. engaged in an official act for the mate- on an identical amendment before, 63 A final point is this: The committees rial purpose of benefitting the illegally yeas, 33 nays. My colleague, the Sen- of jurisdiction ought to be making concealed financial interest that they ator from Colorado, has been gracious their own judgment and probably know knowingly or intentionally failed to enough to support this amendment. better than CRS whether they are cre- disclose. This is straightforward. We just need ating a new program that duplicates or Finally, the Federal government to know what we are doing when we do overlaps an existing one. would have to show that the course of it. It requires the CRS to show us if we So, respectfully, I would urge a ‘‘no’’ conduct included a constitutionally- have duplicated anything before a bill vote. sufficient federal nexus via use of the comes before the Senate. Mr. COBURN. Mr. President, I ask interstate mails or wires to perpetrate I yield to my colleague from Colo- unanimous consent for an additional 30 the fraud. rado. seconds. As for federalism principles gen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without erally, it is important to note that, ator from Colorado. objection, it is so ordered. under current law, the Federal govern- Mr. UDALL of Colorado. Mr. Presi- Mr. COBURN. I have the greatest re- ment still has the authority to pros- dent, I rise in support of amendment spect for my chairman on homeland se- ecute corrupt State officials for brib- No. 1473. Senator COBURN and I have in- curity. I love him dearly. ery and kickback schemes under the troduced this critical amendment to GAO has already told us we are not mail and wire fraud statutes. curb Congressional temptations to cre- doing our job. The first study of the This amendment simply updates and ate more programs, laws and regula- Federal Government showed $100 bil- clarifies the honest services fraud stat- tions, without first analyzing what al- lion worth of duplication. The second

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.019 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S308 CONGRESSIONAL RECORD — SENATE February 2, 2012 study is coming. CRS will have this who serve in Congress, but we must re- Isakson McConnell Sanders Johnson (SD) Menendez Schumer easy because GAO will have already assure Americans that we are here to Kerry Merkley Shaheen shown them where all the duplication serve them and not ourselves. Con- Klobuchar Mikulski Shelby is. gressmen and Senators have lots of Kohl Murkowski Snowe The PRESIDING OFFICER. The power and we know that power cor- Kyl Murray Stabenow Landrieu Nelson (NE) Tester question is on agreeing to the amend- rupts. The longer we stay in office the Lautenberg Nelson (FL) Udall (CO) ment. more power we have. Unfortunately, we Leahy Pryor Udall (NM) Mr. COBURN. Mr. President, I ask have seen that power, over a period of Levin Reed Warner for the yeas and nays. Lieberman Reid Webb time, creates more opportunity and Lugar Risch Whitehouse The PRESIDING OFFICER. Is there a temptation for us to benefit ourselves McCain Roberts Wicker sufficient second? rather than our constituents. McCaskill Rockefeller Wyden There is a sufficient second. All of the cases of corruption and NOT VOTING—1 This amendment does require a two- bribery I have seen unfortunately come Kirk thirds threshold. from more senior Members. No offense The clerk will call the roll. to my senior Members, please. But this THE PRESIDING OFFICER. Under The assistant legislative clerk called is one of many reasons why we should the previous order requiring 60 votes the roll. have term limits in Congress. for the adoption of this amendment, the amendment is rejected. Mr. KYL. The following Senator is My amendment is not a statute. It is necessarily absent: the Senator from a sense of the Senate that says we AMENDMENT NO. 1493 Illinois (Mr. KIRK). should have some form of constitu- Under the previous order, there will The yeas and nays resulted—yeas 60, tional limit on our terms in office. We be 2 minutes of debate, equally divided, nays 39, as follows: are not specific in the number of years, prior to a vote in relation to amend- [Rollcall Vote No. 10 Leg.] the number of terms. It is a sense of ment No. 1493 offered by the Senator YEAS—60 the Senate that we should have some from Iowa. This amendment is subject Alexander Graham Murkowski limit on the amount of time we serve. to a 60-vote threshold. Ayotte Grassley Nelson (NE) I encourage my colleagues to at least The Senator from Iowa. Barrasso Hatch Nelson (FL) support this and get the debate started. Mr. GRASSLEY. This is a good gov- Begich Heller Paul I yield the floor. ernment amendment. Similar to the Bennet Hoeven Portman underlying piece of legislation, it is a Blunt Hutchison Pryor The PRESIDING OFFICER. The Sen- good government amendment. The Boozman Inhofe Risch ator from Illinois. Brown (MA) Isakson Roberts manager is going to tell you it ought Mr. DURBIN. Mr. President, for some Burr Johanns Rubio to be studied a little bit longer. We Casey Johnson (WI) Sessions Members of Congress, 2 years in office have gone for far too long not having Chambliss Klobuchar Shelby is too long. For some Members of Con- Coats Kyl Snowe enough transparency in government. gress, 20 years in office is not long Coburn Lee Stabenow What my amendment does is it takes enough. Who should make that deci- Cochran Lugar Tester these people whom you call political Collins Manchin Thune sion? The Constitution in its wisdom intelligence professionals and has them Corker McCain Toomey says the voters of America make that Cornyn McCaskill Udall (CO) register just like every lobbyist reg- decision. Let’s stand by that Constitu- Crapo McConnell Vitter isters, so it is totally transparent when DeMint Merkley Warner tion and its language and defeat this these people come around to get infor- Enzi Moran Wicker sense-of-the-Senate resolution. mation from you that they sell to NAYS—39 The PRESIDING OFFICER. The hedge funds. You will know who they question is on agreeing to the amend- Akaka Franken Menendez are. You don’t know that now, and Baucus Gillibrand Mikulski ment. transparency in government is very Bingaman Hagan Murray Mr. COBURN. I ask for the yeas and Blumenthal Harkin Reed important if you want accountability. Boxer Inouye Reid nays. For the Senators and their staffs who Brown (OH) Johnson (SD) Rockefeller The PRESIDING OFFICER. Is there a have to abide by these laws, they want Cantwell Kerry Sanders sufficient second? Cardin Kohl Schumer to make sure they are not doing any- Carper Landrieu Shaheen There is a sufficient second. thing unethical. They have to know Conrad Lautenberg Udall (NM) The clerk will call the roll. who these people are. They can come Coons Leahy Webb The legislative clerk called the roll. Durbin Levin Whitehouse around and ask us questions. I don’t Feinstein Lieberman Wyden Mr. KYL. The following Senator is know how many times each of us has necessarily absent: the Senator from NOT VOTING—1 maybe been caught up in this. You give Illinois (Mr. KIRK). them information, and they have infor- Kirk The PRESIDING OFFICER. Are there mation that people don’t have on Wall The PRESIDING OFFICER. On this any other Senators in the Chamber de- Street and they sell it. We ought to vote the yeas are 60, the nays are 39. siring to vote? know what we are being used for, and Two thirds of the Senators voting not The result was announced—yeas 24, this gives identity to these people. So I having voted in the affirmative, the nays 75, as follows: want these people registered like lob- amendment is rejected. [Rollcall Vote No. 11 Leg.] byists. The Senator from Connecticut. YEAS—24 The PRESIDING OFFICER (Mr. Mr. LIEBERMAN. Mr. President, I Ayotte Grassley Moran FRANKEN). The Senator from Con- move to reconsider the vote and I move Blunt Hatch Paul necticut. to lay that motion on the table. Boozman Heller Portman Mr. LIEBERMAN. Mr. President, The motion to lay on the table was Brown (MA) Hutchison Rubio there may be a problem. agreed to. Coburn Johanns Sessions Corker Johnson (WI) Thune Mr. GRASSLEY. There is a problem. AMENDMENT NO. 1488 DeMint Lee Toomey Mr. LIEBERMAN. But this amend- The PRESIDING OFFICER. Under Graham Manchin Vitter ment doesn’t fix it. In the bill before the previous order, there will be 2 min- NAYS—75 the committee, there was a provision utes of debate equally divided prior to Akaka Cantwell Crapo to bring so-called political intelligence a vote in relation to amendment No. Alexander Cardin Durbin under the Lobbying Disclosure Act. Po- 1488, offered by the Senator from South Barrasso Carper Enzi litical intelligence is defined as infor- Baucus Casey Feinstein Carolina, Mr. DEMINT. This amend- Begich Chambliss Franken mation which is intended for use in ment is subject to a 60-vote threshold. Bennet Coats Gillibrand analyzing securities or commodity Mr. DEMINT. Mr. President, it is un- Bingaman Cochran Hagan markets or information investment de- fortunate that the actions of a few Blumenthal Collins Harkin cisions, but what does that mean? Does Boxer Conrad Hoeven make it necessary for us to create Brown (OH) Coons Inhofe it apply to a retailer who wants to more rules for the many honest people Burr Cornyn Inouye open new stores and calls the Armed

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.051 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S309 Services Committee to see whether AMENDMENT NO. 1481 rity. This would be the first time I am there is a base that is going to be built The PRESIDING OFFICER. Under aware of that in the legislative branch in a particular neighborhood? Some the previous order, there will be 2 min- we would require divestment of per- would say yes; some would say no. Vio- utes of debate equally divided prior to sonal holdings. For that reason, I op- lation of the Lobbying Disclosure Act a vote in relation to amendment No. pose the amendment. carries civil and criminal penalties. We 1481, as modified, offered by the Sen- Remember, in the underlying bill we just felt we wanted to get the anti-in- ator from Ohio, Mr. BROWN. This have increased the public’s access to sider trading provision out quickly and amendment is subject to a 60-vote information about our holdings and our study this more. The bill calls for a threshold. transactions. Ultimately, that knowl- GAO study. The Senator from Ohio. edge ought to be enough to guarantee Senator COLLINS and I announced we Mr. BROWN of Ohio. Mr. President, the public or to energize the public to are going to hold a hearing on this the amendment Senator MERKLEY and make sure we are following the highest question. We need a little more time to I have proposed would require all Sen- ethical norms. Divestment, in my opin- do it thoughtfully. We are ultimately ators and their senior staff to sell indi- ion, is a step too far. dealing with first-amendment rights, vidual stocks that create conflicts or Ms. COLLINS. Mr. President, I ask and we ought not to legislate until we to place their investments in blind for the yeas and nays. are prepared to do so in a reasonable trusts. You can still invest in broad- The PRESIDING OFFICER. Is there a way. based mutual funds. You can keep your sufficient second? I ask my colleagues to oppose this ownership interest in your family farm There appears to be a sufficient sec- amendment. or small business. ond. Mr. GRASSLEY. Do I have time to If you are setting up a blind trust, The question is on agreeing to the tell the Senators not to vote for Wall you can instruct the trustee to hold on amendment. Street, vote for my amendment? to your stock in your family company. The clerk will call the roll. The PRESIDING OFFICER. There is Current Senate ethics rules require The legislative clerk called the roll. no time. The question is on agreeing to committee staff making more than Mr. KYL. The following Senator is the amendment. $25,000 a year to ‘‘divest [themselves] of necessarily absent: the Senator from Mr. GRASSLEY. I ask for the yeas any substantial holdings which may be Illinois (Mr. KIRK). and nays. directly affected by the actions of the The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Is there a committee for which [they work].’’ any other Senators in the Chamber de- sufficient second? All Senator MERKLEY and I are say- siring to vote? There appears to be a sufficient sec- ing is, Members of the Senate should The result was announced—yeas 26, ond. hold ourselves to the same standard we nays 73, as follows: The clerk will call the roll. already require of our committee staff [Rollcall Vote No. 13 Leg.] The legislative clerk called the roll. and executive branch employees. YEAS—26 Mr. KYL. The following Senator is As Senator MERKLEY said, baseball Blumenthal Klobuchar Sanders necessarily absent: the Senator from players cannot bet on their games. We Brown (MA) Levin Shaheen Illinois (Mr. KIRK). should not be able to hold stock in in- Brown (OH) Manchin Snowe The PRESIDING OFFICER. Are there Carper McCaskill Stabenow dividual companies and then vote on any other Senators in the Chamber de- Casey Menendez Udall (CO) issues that affect our holdings. Franken Merkley siring to vote? Udall (NM) I ask for a ‘‘yes’’ vote. Heller Murkowski Whitehouse The result was announced—yeas 60, Hutchison Pryor The PRESIDING OFFICER. The Sen- Wyden nays 39, as follows: Kerry Reed ator from Maine. [Rollcall Vote No. 12 Leg.] Ms. COLLINS. Mr. President, I yield NAYS—73 YEAS—60 half of the time in opposition to Sen- Akaka Durbin McConnell Alexander Enzi Mikulski Ayotte Graham Moran ator TOOMEY. Barrasso Grassley Murkowski Ayotte Feinstein Moran Begich Hatch Murray The PRESIDING OFFICER. The Sen- Barrasso Gillibrand Murray Bennet Heller Nelson (FL) ator from Pennsylvania. Baucus Graham Nelson (NE) Blunt Hoeven Paul Begich Grassley Nelson (FL) Mr. TOOMEY. Mr. President, I thank Bennet Hagan Boozman Hutchison Portman the Senator from Maine. Paul Brown (OH) Inhofe Reed Bingaman Harkin Portman Blunt Hatch Cantwell Isakson Roberts I disagree with the fundamental Reid Boozman Hoeven Cardin Johnson (WI) Rubio premise of this amendment. I do not Risch Carper Kerry Sanders Boxer Inhofe think we should all be forced to divest Burr Inouye Roberts Casey Klobuchar Sessions Rockefeller Chambliss Kohl Shelby ourselves of all of our holdings. But I Cantwell Isakson think it is worse than it was character- Cardin Johanns Rubio Coats Lautenberg Snowe Schumer Coburn Leahy Chambliss Johnson (SD) Stabenow ized by my friend from Ohio—worse in Sessions Corker Lugar Tester Coats Johnson (WI) the sense that, as I read the definition Shelby DeMint Manchin Thune Coburn Kohl Tester Enzi McCain Udall (CO) of the securities that would be covered Cochran Kyl Feinstein McCaskill Whitehouse and as the securities attorneys have Collins Landrieu Thune Franken Menendez Wicker advised us on this—we would be re- Conrad Lautenberg Toomey Gillibrand Merkley Wyden Coons Leahy Vitter quired to divest ourselves even of our Corker Lee Warner NAYS—39 investment in a small family-owned Cornyn Lieberman Webb Crapo Akaka Crapo Mikulski business, a business that, perhaps, has Lugar Wicker DeMint McCain Alexander Durbin Nelson (NE) absolutely no market whatsoever for Baucus Hagan Pryor NOT VOTING—1 Bingaman Harkin Reid the equity, and we would, nevertheless, Blumenthal Inouye Risch be forced to sell that where there is no Kirk Boxer Johanns Rockefeller buyer. The PRESIDING OFFICER. Under Brown (MA) Johnson (SD) Schumer I think that is a very unreasonable Burr Kyl Shaheen the previous order requiring 60 votes Cochran Landrieu Toomey standard, so I would urge a ‘‘no’’ vote for the adoption of this amendment, Collins Lee Udall (NM) on this amendment. the amendment, as modified, is re- Conrad Levin Vitter The PRESIDING OFFICER. The Sen- jected. Coons Lieberman Warner Cornyn McConnell Webb ator from Connecticut. Under the previous order, the sub- Mr. LIEBERMAN. Mr. President, I stitute amendment, as amended, is NOT VOTING—1 rise to oppose the amendment. This agreed to. Kirk amendment would take Congress from The bill was ordered to be engrossed The PRESIDING OFFICER. Under where we have always been and are for a third reading and was read the the previous order requiring 60 votes going to be after this law passes. In third time. for the adoption of this amendment, pursuit of disclosure and transparency, The PRESIDING OFFICER. Under the amendment is agreed to. sunshine is the best guarantee of integ- the previous order, there will now be 2

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.053 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S310 CONGRESSIONAL RECORD — SENATE February 2, 2012 minutes of debate equally divided prior Vitter Webb Wicker Government, and the citizens of the United to a vote on passage. Warner Whitehouse Wyden States with respect to material, nonpublic Mr. LIEBERMAN. Mr. President, this NAYS—3 information derived from such person’s posi- tion as a Member of Congress or employee of Bingaman Burr Coburn has been a good, open process. We had Congress or gained from the performance of a good bill that came in. We made it NOT VOTING—1 such person’s official responsibilities. better. I yield back the remainder of Kirk ‘‘(2) DEFINITIONS.—In this subsection— my time. ‘‘(A) the term ‘Member of Congress’ means The bill (S. 2038), as amended, was Ms. COLLINS. Mr. President, I am a member of the Senate or House of Rep- passed, as follows: pleased to have joined Chairman LIE- resentatives, a Delegate to the House of Rep- S. 2038 resentatives, and the Resident Commissioner BERMAN in helping bring this important from Puerto Rico; and bill to passage today. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ‘‘(B) the term ‘employee of Congress’ I would also like to single out Sen- Congress assembled, means— COTT ROWN ator S B of Massachusetts, SECTION 1. SHORT TITLE. ‘‘(i) an employee of the Senate; or who was the first Member of this body This Act may be cited as the ‘‘Stop Trad- ‘‘(ii) an employee of the House of Rep- to introduce legislation on this topic. ing on Congressional Knowledge Act of 2012’’ resentatives. His leadership in tirelessly moving this or the ‘‘STOCK Act’’. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to impair bill forward has been indispensable. SEC. 2. DEFINITIONS. or limit the construction of the existing In this Act: Today, we confirm that Members of antifraud provisions of the securities laws or EMBER OF CONGRESS.—The term Congress are not exempt from the (1) M the authority of the Commission under those country’s insider trading laws. We have ‘‘Member of Congress’’ means a member of provisions.’’. the Senate or House of Representatives, a sent a strong message to the American SEC. 5. CONFORMING CHANGES TO THE COM- Delegate to the House of Representatives, MODITY EXCHANGE ACT. people that we affirm that we come to and the Resident Commissioner from Puerto Washington for public service, and not Section 4c(a) of the Commodity Exchange Rico. Act (7 U.S.C. 6c(a)) is amended— for private gain. (2) EMPLOYEE OF CONGRESS.—The term (1) in paragraph (3), in the matter pre- We have added several amendments ‘‘employee of Congress’’ means— ceding subparagraph (A)— today which I believe strengthened the (A) an employee of the Senate; or (A) by inserting ‘‘or any Member of Con- bill’s focus on transparency. We have (B) an employee of the House of Represent- gress or employee of Congress (defined in also extended several of its provisions atives. this subsection as those terms are defined in (3) EXECUTIVE BRANCH EMPLOYEE.—The to encompass all branches of the Fed- section 2 of the Stop Trading on Congres- term ‘‘executive branch employee’’— sional Knowledge Act of 2012)’’ after ‘‘Fed- eral Government. (A) has the meaning given the term ‘‘em- Again, I thank my colleagues for eral Government,’’ the first place it appears; ployee’’ under section 2105 of title 5, United (B) by inserting ‘‘Member,’’ after ‘‘position their hard work on the bill. And my States Code; and of the’’; and thanks to our hard-working staff. (B) includes— (C) by inserting ‘‘or by Congress’’ before The PRESIDING OFFICER. The (i) the President; ‘‘in a manner’’; and question is on passage of the bill, as (ii) the Vice President; and (2) in paragraph (4)— amended. (iii) an employee of the United States (A) in subparagraph (A), in the matter pre- Postal Service or the Postal Regulatory ceding clause (i)— Mr. CARDIN. Mr. President, I ask for Commission. the yeas and nays. (i) by inserting ‘‘or any Member of Con- (4) JUDICIAL OFFICER.—The term ‘‘judicial gress or employee of Congress’’ after ‘‘Fed- The PRESIDING OFFICER. Is there a officer’’ has the meaning given that term eral Government,’’ the first place it appears; sufficient second? under section 109(10) of the Ethics in Govern- (ii) by inserting ‘‘Member,’’ after ‘‘position There is a sufficient second. ment Act of 1978. of the’’; and The clerk will call the roll. SEC. 3. PROHIBITION OF THE USE OF NONPUBLIC (iii) by inserting ‘‘or by Congress’’ before INFORMATION FOR PRIVATE PROF- ‘‘in a manner’’; The bill clerk called the roll. IT. (B) in subparagraph (B), in the matter pre- Mr. KYL. The following Senator is The Select Committee on Ethics of the ceding clause (i), by inserting ‘‘or any Mem- Senate and the Committee on Standards of necessarily absent: the Senator from ber of Congress or employee of Congress’’ Official Conduct of the House of Representa- Illinois (Mr. KIRK). after ‘‘Federal Government,’’; and tives shall issue interpretive guidance of the The PRESIDING OFFICER (Mrs. (C) in subparagraph (C)— relevant rules of each chamber, including HAGAN). Are there any other Senators (i) in the matter preceding clause (i), by in- rules on conflicts of interest and gifts, clari- serting ‘‘or by Congress’’— in the Chamber desiring to vote? fying that a Member of Congress and an em- (I) before ‘‘that may affect’’; and The result was announced—yeas 96, ployee of Congress may not use nonpublic in- (II) before ‘‘in a manner’’; and nays 3, as follows: formation derived from such person’s posi- (ii) in clause (iii), by inserting ‘‘to Con- tion as a Member of Congress or employee of [Rollcall Vote No. 14 Leg.] gress, or any Member of Congress or em- Congress or gained from the performance of YEAS—96 ployee of Congress’’ after ‘‘Federal Govern- such person’s official responsibilities as a ment’’. Akaka Franken McConnell means for making a private profit. Alexander Gillibrand Menendez SEC. 6. PROMPT REPORTING OF FINANCIAL Ayotte Graham Merkley SEC. 4. PROHIBITION OF INSIDER TRADING. TRANSACTIONS. Barrasso Grassley Mikulski (a) AFFIRMATION OF NON-EXEMPTION.—Mem- (a) REPORTING REQUIREMENT.—Section 101 Baucus Hagan Moran bers of Congress and employees of Congress of the Ethics in Government Act of 1978 is Begich Harkin Murkowski are not exempt from the insider trading pro- amended by adding at the end the following Bennet Hatch Murray hibitions arising under the securities laws, subsection: Blumenthal Heller Nelson (NE) including section 10(b) of the Securities Ex- ‘‘(j) Not later than 30 days after any trans- Blunt Hoeven Nelson (FL) change Act of 1934 and Rule 10b–5 thereunder. Boozman Hutchison Paul action required to be reported under section Boxer Inhofe Portman (b) DUTY.— 102(a)(5)(B), the following persons, if required Brown (MA) Inouye Pryor (1) PURPOSE.—The purpose of the amend- to file a report under any other subsection of Brown (OH) Isakson Reed ment made by this subsection is to affirm a this section subject to any waivers and ex- Cantwell Johanns Reid duty arising from a relationship of trust and clusions, shall file a report of the trans- Cardin Johnson (SD) Risch confidence owed by each Member of Congress action: Carper Johnson (WI) Roberts and each employee of Congress. ‘‘(1) A Member of Congress. Casey Kerry Rockefeller (2) AMENDMENT.—Section 21A of the Securi- ‘‘(2) An officer or employee of Congress re- Chambliss Klobuchar Rubio Coats Kohl Sanders ties Exchange Act of 1934 (15 U.S.C. 78u–1) is quired to file a report under this section. Cochran Kyl Schumer amended by adding at the end the following: ‘‘(3) The President. Collins Landrieu Sessions ‘‘(g) DUTY OF MEMBERS AND EMPLOYEES OF ‘‘(4) The Vice President. Conrad Lautenberg Shaheen CONGRESS.— ‘‘(5) Each employee appointed to a position Coons Leahy Shelby ‘‘(1) IN GENERAL.—For purposes of the in- in the executive branch, the appointment to Corker Lee Snowe sider trading prohibitions arising under the which requires advice and consent of the Cornyn Levin Stabenow securities laws, including section 10(b) and Senate, except for— Crapo Lieberman Tester DeMint Lugar Thune Rule 10b–5 thereunder, each Member of Con- ‘‘(A) an individual appointed to a posi- Durbin Manchin Toomey gress or employee of Congress owes a duty tion— Enzi McCain Udall (CO) arising from a relationship of trust and con- ‘‘(i) as a Foreign Service Officer below the Feinstein McCaskill Udall (NM) fidence to the Congress, the United States rank of ambassador; or

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.055 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S311 ‘‘(ii) in the uniformed services for which SEC. 8. PUBLIC FILING AND DISCLOSURE OF FI- House of Representatives under this sub- the pay grade prescribed by section 201 of NANCIAL DISCLOSURE FORMS OF section shall be deemed to have met the pub- title 37, United States Code is O–6 or below; MEMBERS OF CONGRESS AND CON- lic availability requirement. GRESSIONAL STAFF. (4) FILERS COVERED.—Individuals required or (a) PUBLIC, ON-LINE DISCLOSURE OF FINAN- under the Ethics in Government Act of 1978 ‘‘(B) a special government employee, as de- CIAL DISCLOSURE FORMS OF MEMBERS OF CON- or the Senate Rules to file financial disclo- fined under section 202 of title 18, United GRESS AND CONGRESSIONAL STAFF.— sure reports with the Secretary of the Sen- States Code. (1) IN GENERAL.—Not later than August 31, ate or the Clerk of the House shall file re- ‘‘(6) Any employee in a position in the ex- 2012, or 90 days after the date of enactment ports electronically using the systems devel- ecutive branch who is a noncareer appointee of this Act, whichever is later, the Secretary oped by the Secretary of the Senate, the Ser- in the Senior Executive Service (as defined of the Senate and the Sergeant at Arms of geant at Arms of the Senate, and the Clerk under section 3132(a)(7) of title 5, United the Senate, and the Clerk of the House of of the House. States Code) or a similar personnel system Representatives, shall ensure that financial (5) EXTENSIONS.—The existing protocol al- disclosure forms filed by Members of Con- for senior employees in the executive lowing for extension requests for financial gress, officers of the House and Senate, can- branch, such as the Senior Foreign Service, disclosures shall be retained for purposes of didates for Congress, and employees of the except that the Director of the Office of Gov- this subsection. Notices of extension for fi- Senate and the House of Representatives in ernment Ethics may, by regulation, exclude nancial disclosure shall be made available calendar year 2012 and in subsequent years from the application of this paragraph any electronically under this subsection along pursuant to title I of the Ethics in Govern- individual, or group of individuals, who are with its related disclosure. ment Act of 1978 are made available to the in such positions, but only in cases in which (6) ADDITIONAL TIME.—The requirements of public on the respective official websites of the Director determines such exclusion this subsection may be implemented after the Senate and the House of Representatives would not affect adversely the integrity of the date provided in paragraph (1) if the Sec- not later than 30 days after such forms are retary of the Senate or the Clerk of the the Government or the public’s confidence in filed. House identify in writing to relevant con- the integrity of the Government. (2) EXTENSIONS.—The existing protocol al- gressional committees an additional amount ‘‘(7) The Director of the Office of Govern- lowing for extension requests for financial of time needed. ment Ethics. disclosures shall be retained. Notices of ex- ‘‘(8) Any civilian employee, not described (c) RECORDKEEPING.—Section 105(d) of the tension for financial disclosure shall be made Ethics in Government Act of 1978 is amended in paragraph (5), employed in the Executive available electronically under this sub- Office of the President (other than a special to read as follows: section along with its related disclosure. ‘‘(d)(1) Any report filed with or trans- government employee) who holds a commis- (3) REPORTING TRANSACTIONS.—In the case mitted to an agency or supervising ethics of- sion of appointment from the President.’’. of a transaction disclosure required by sec- fice or to the Clerk of the House of Rep- (b) EFFECTIVE DATE.—The amendment tion 101(j) of the Ethics in Government Act resentatives or the Secretary of the Senate made by subsection (a) shall apply to trans- of 1978, as added by this Act, such disclosures pursuant to this title shall be retained by shall be filed not later than 30 days after the actions occurring on or after the date that is such agency or office or by the Clerk or the transaction. Notices of extension for trans- 90 days after the date of enactment of this Secretary of the Senate, as the case may be. action disclosure shall be made available ‘‘(2) Such report shall be made available to Act. electronically under this subsection along the public— SEC. 7. REPORT ON POLITICAL INTELLIGENCE with its related disclosure. ‘‘(A) in the case of a Member of Congress ACTIVITIES. (4) EXPIRATION.—The requirements of this until a date that is 6 years from the date the subsection shall expire upon implementation individual ceases to be a Member of Con- (a) REPORT.— of the public disclosure system established gress; and (1) IN GENERAL.—Not later than 12 months under subsection (b). ‘‘(B) in the case of all other reports filed after the date of enactment of this Act, the (b) ELECTRONIC FILING AND ON-LINE PUBLIC pursuant to this title, for a period of six Comptroller General of the United States, in AVAILABILITY OF FINANCIAL DISCLOSURE years after receipt of the report. consultation with the Congressional Re- FORMS OF MEMBERS OF CONGRESS, OFFICERS ‘‘(3) After the relevant time period identi- search Service, shall submit to the Com- OF THE HOUSE AND SENATE, AND CONGRES- fied under paragraph (2), the report shall be mittee on Homeland Security and Govern- SIONAL STAFF.— destroyed unless needed in an ongoing inves- mental Affairs of the Senate and the Com- (1) IN GENERAL.—Subject to paragraph (6) tigation, except that in the case of an indi- mittee on Oversight and Government Reform and not later than 18 months after the date vidual who filed the report pursuant to sec- and the Committee on the Judiciary of the of enactment of this Act, the Secretary of tion 101(b) and was not subsequently con- House of Representatives a report on the role the Senate and the Sergeant at Arms of the firmed by the Senate, or who filed the report of political intelligence in the financial mar- Senate and the Clerk of the House of Rep- pursuant to section 101(c) and was not subse- kets. resentatives shall develop systems to en- quently elected, such reports shall be de- (2) CONTENTS.—The report required by this able— stroyed 1 year after the individual either is section shall include a discussion of— (A) electronic filing of reports received by no longer under consideration by the Senate (A) what is known about the prevalence of them pursuant to section 103(h)(1)(A) of title or is no longer a candidate for nomination or I of the Ethics in Government Act of 1978; election to the Office of President, Vice the sale of political intelligence and the ex- and President, or as a Member of Congress, un- tent to which investors rely on such infor- (B) public access to financial disclosure re- less needed in an ongoing investigation or in- mation; ports filed by Members of Congress, Officers quiry.’’. (B) what is known about the effect that the of the House and Senate, candidates for Con- SEC. 9. OTHER FEDERAL OFFICIALS. sale of political intelligence may have on the gress, and employees of the Senate and (a) PROHIBITION OF THE USE OF NONPUBLIC financial markets; House of Representatives, as well as reports INFORMATION FOR PRIVATE PROFIT.— (C) the extent to which information which of a transaction disclosure required by sec- (1) EXECUTIVE BRANCH EMPLOYEES.—The Of- is being sold would be considered non-public tion 101(j) of the Ethics in Government Act fice of Government Ethics shall issue such information; of 1978, as added by this Act, notices of ex- interpretive guidance of the relevant Federal (D) the legal and ethical issues that may tensions, amendments and blind trusts, pur- ethics statutes and regulations, including be raised by the sale of political intelligence; suant to title I of the Ethics in Government the Standards of Ethical Conduct for execu- (E) any benefits from imposing disclosure Act of 1978 through databases that— tive branch employees, related to use of non- requirements on those who engage in polit- (i) are maintained on the official websites public information, as necessary to clarify ical intelligence activities; and of the House of Representatives and the Sen- that no executive branch employee may use (F) any legal and practical issues that may ate; and non-public information derived from such be raised by the imposition of disclosure re- (ii) allow the public to search, sort and person’s position as an executive branch em- quirements on those who engage in political download data contained in the reports. ployee or gained from the performance of intelligence activities. (2) LOGIN.—No login shall be required to such person’s official responsibilities as a search or sort the data contained in the re- means for making a private profit. (b) DEFINITION.—For purposes of this sec- ports made available by this subsection. A (2) JUDICIAL OFFICERS.—The Judicial Con- tion, the term ‘‘political intelligence’’ shall login protocol with the name of the user ference of the United States shall issue such mean information that is— shall be utilized by a person downloading interpretive guidance of the relevant ethics (1) derived by a person from direct commu- data contained in the reports. For purposes rules applicable to Federal judges, including nications with an executive branch em- of filings under this section, section 105(b)(2) the Code of Conduct for United States ployee, a Member of Congress, or an em- of the Ethics in Government Act of 1978 does Judges, as necessary to clarify that no judi- ployee of Congress; and not apply. cial officer may use non-public information (2) provided in exchange for financial com- (3) PUBLIC AVAILABILITY.—Pursuant to sec- derived from such person’s position as a judi- pensation to a client who intends, and who is tion 105(b)(1) of title I of the Ethics in Gov- cial officer or gained from the performance known to intend, to use the information to ernment Act of 1978, electronic availability of such person’s official responsibilities as a inform investment decisions. on the official websites of the Senate and the means for making a private profit.

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(b) APPLICATION OF INSIDER TRADING 8(b), to the financial disclosure forms of such (A) in clause (i), by inserting ‘‘, the Presi- LAWS.— individuals. dent, the Vice President, or an elected offi- (1) AFFIRMATION OF NON-EXEMPTION.—Exec- SEC. 12. PROMPT REPORTING AND PUBLIC FIL- cial of a State or local government’’ after utive branch employees and judicial officers ING OF FINANCIAL TRANSACTIONS ‘‘Member’’; and are not exempt from the insider trading pro- FOR EXECUTIVE BRANCH. (B) in clause (ii), by inserting ‘‘, the Presi- hibitions arising under the securities laws, (a) TRANSACTION REPORTING.—Each agency dent, the Vice President, or an elected offi- including section 10(b) of the Securities Ex- or department of the Executive branch and cial of a State or local government’’ after change Act of 1934 and Rule 10b–5 thereunder. each independent agency shall comply with ‘‘Member’’. (2) DUTY.— the provisions of sections 6 with respect to (2) FEDERAL EMPLOYEES RETIREMENT SYS- (A) PURPOSE.—The purpose of the amend- any of such agency, department or inde- TEM.—Section 8411(l)(2) of title 5, United ment made by this paragraph is to affirm a pendent agency’s officers and employees that States Code, is amended— duty arising from a relationship of trust and are subject to the disclosure provisions (A) in subparagraph (A), by inserting ‘‘, the confidence owed by each executive branch under the Ethics in Government Act of 1978. President, the Vice President, or an elected employee and judicial officer. (b) PUBLIC AVAILABILITY.—Not later than 2 official of a State or local government’’ after (B) AMENDMENT.—Section 21A of the Secu- years after the date of enactment of this ‘‘Member’’; and rities Exchange Act of 1934 (15 U.S.C. 78u–1), Act, each agency or department of the Exec- (B) in subparagraph (B), by inserting ‘‘, the as amended by this Act, is amended by add- utive branch and each independent agency President, the Vice President, or an elected ing at the end the following: shall comply with the provisions of section 8, official of a State or local government’’ after ‘‘(h) DUTY OF OTHER FEDERAL OFFICIALS.— except that the provisions of section 8 shall ‘‘Member’’. ‘‘(1) IN GENERAL.—For purposes of the in- not apply to a member of a uniformed serv- (b) CRIMINAL OFFENSES.—Section 8332(o)(2) sider trading prohibitions arising under the ice for which the pay grade prescribed by of title 5, United States Code, is amended— securities laws, including section 10(b), and section 201 of title 37, United States Code is (1) in subparagraph (A), by striking clause Rule 10b–5 thereunder, each executive branch O–6 or below. (iii) and inserting the following: employee and each judicial officer owes a SEC. 13. REQUIRING MORTGAGE DISCLOSURE. ‘‘(iii) The offense— duty arising from a relationship of trust and Section 102(a)(4)(A) of the Ethics in Gov- ‘‘(I) is committed after the date of enact- confidence to the United States Government ernment Act of 1978 (5 U.S.C. App) is amend- ment of this subsection and— and the citizens of the United States with re- ed by striking ‘‘spouse; and’’ and inserting ‘‘(aa) is described under subparagraph spect to material, nonpublic information de- the following: ‘‘spouse, except that this ex- (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or rived from such person’s position as an exec- ception shall not apply to a reporting indi- (xxvi); or utive branch employee or judicial officer or vidual— ‘‘(bb) is described under subparagraph gained from the performance of such person’s ‘‘(i) described in paragraph (1), (2), or (9) of (B)(xxix), (xxx), or (xxxi), but only with re- official responsibilities. section 101(f); spect to an offense described under subpara- ‘‘(2) DEFINITIONS.—In this subsection— ‘‘(ii) described in section 101(b) who has graph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), ‘‘(A) the term ‘executive branch em- been nominated for appointment as an offi- or (xxvi); or ployee’— cer or employee in the executive branch de- ‘‘(II) is committed after the date of enact- ‘‘(i) has the meaning given the term ‘em- scribed in subsection (f) of such section, ment of the STOCK Act and— ployee’ under section 2105 of title 5, United other than— ‘‘(aa) is described under subparagraph States Code; ‘‘(I) an individual appointed to a position— (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), ‘‘(ii) includes— ‘‘(aa) as a Foreign Service Officer below (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), ‘‘(I) the President; the rank of ambassador; or (xxi), (xxii), (xxv), (xxvii), or (xxviii); or ‘‘(II) the Vice President; and ‘‘(bb) in the uniformed services for which ‘‘(bb) is described under subparagraph ‘‘(III) an employee of the United States the pay grade prescribed by section 201 of (B)(xxix), (xxx), or (xxxi), but only with re- Postal Service or the Postal Regulatory title 37, United States Code is O–6 or below; spect to an offense described under subpara- Commission; and or graph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), ‘‘(B) the term ‘judicial officer’ has the ‘‘(II) a special government employee, as de- (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), meaning given that term under section fined under section 202 of title 18, United (xx), (xxi), (xxii), (xxv), (xxvii), or (xxviii).’’; 109(10) of the Ethics in Government Act of States Code; or and 1978. ‘‘(iii) described in section 101(f) who is in a (2) by striking subparagraph (B) and insert- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in position in the executive branch the appoint- ing the following: this subsection shall be construed to impair ment to which is made by the President and ‘‘(B) An offense described in this subpara- or limit the construction of the existing requires advice and consent of the Senate, graph is only the following, and only to the antifraud provisions of the securities laws or other than— extent that the offense is a felony: the authority of the Commission under those ‘‘(I) an individual appointed to a position— ‘‘(i) An offense under section 201 of title 18 provisions.’’. ‘‘(aa) as a Foreign Service Officer below (relating to bribery of public officials and SEC. 10. RULE OF CONSTRUCTION. the rank of ambassador; or witnesses). Nothing in this Act, the amendments made ‘‘(bb) in the uniformed services for which ‘‘(ii) An offense under section 203 of title 18 by this Act, or the interpretive guidance to the pay grade prescribed by section 201 of (relating to compensation to Member of Con- be issued pursuant to sections 3 and 9 of this title 37, United States Code is O–6 or below; gress, officers, and others in matters affect- Act, shall be construed to— or ing the Government). (1) impair or limit the construction of the ‘‘(II) a special government employee, as de- ‘‘(iii) An offense under section 204 of title antifraud provisions of the securities laws or fined under section 202 of title 18, United 18 (relating to practice in the United States the Commodities Exchange Act or the au- States Code; and’’. Court of Federal Claims or the United States thority of the Securities and Exchange Com- SEC. 14. TRANSACTION REPORTING REQUIRE- Court of Appeals for the Federal Circuit by mission or the Commodity Futures Trading MENTS. Member of Congress). Commission under those provisions; The transaction reporting requirements es- ‘‘(iv) An offense under section 219 of title 18 (2) be in derogation of the obligations, du- tablished by section 101(j) of the Ethics in (relating to officers and employees acting as ties and functions of a Member of Congress, Government Act of 1978, as added by section agents of foreign principals). an employee of Congress, an executive 6 of this Act, shall not be construed to apply ‘‘(v) An offense under section 286 of title 18 branch employee or a judicial officer, arising to a widely held investment fund (whether (relating to conspiracy to defraud the Gov- from such person’s official position; or such fund is a mutual fund, regulated invest- ernment with respect to claims). (3) be in derogation of existing laws, regu- ment company, pension or deferred com- ‘‘(vi) An offense under section 287 of title 18 lations or ethical obligations governing pensation plan, or other investment fund), (relating to false, fictitious or fraudulent Members of Congress, employees of Congress, if— claims). executive branch employees or judicial offi- (1)(A) the fund is publicly traded; or ‘‘(vii) An offense under section 597 of title cers. (B) the assets of the fund are widely diver- 18 (relating to expenditures to influence vot- SEC. 11. EXECUTIVE BRANCH REPORTING. sified; and ing). Not later than 2 years after the date of en- (2) the reporting individual neither exer- ‘‘(viii) An offense under section 599 of title actment of this Act, the President shall— cises control over nor has the ability to exer- 18 (relating to promise of appointment by (1) ensure that financial disclosure forms cise control over the financial interests held candidate). filed by officers and employees referred to in by the fund. ‘‘(ix) An offense under section 602 of title 18 section 101(j) of the Ethics in Government SEC. 15. APPLICATION TO OTHER ELECTED OFFI- (relating to solicitation of political contribu- Act of 1978 (5 U.S.C. App.) are made available CIALS AND CRIMINAL OFFENSES. tions). to the public as required by section 8(a) on (a) APPLICATION TO OTHER ELECTED OFFI- ‘‘(x) An offense under section 606 of title 18 appropriate official websites of agencies of CIALS.— (relating to intimidation to secure political the executive branch; and (1) CIVIL SERVICE RETIREMENT SYSTEM.— contributions). (2) develop systems to enable electronic fil- Section 8332(o)(2)(A) of title 5, United States ‘‘(xi) An offense under section 607 of title 18 ing and public access, as required by section Code, is amended— (relating to place of solicitation).

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.028 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S313 ‘‘(xii) An offense under section 641 of title SEC. 16. LIMITATION ON BONUSES TO EXECU- following: ‘‘or political intelligence consult- 18 (relating to public money, property or TIVES OF FANNIE MAE AND FREDDIE ants’’; and records). MAC. (C) in paragraph (3)(A)— ‘‘(xiii) An offense under section 666 of title Notwithstanding any other provision in (i) by inserting after ‘‘lobbying activities’’ 18 (relating to theft or bribery concerning law, senior executives at the Federal Na- each place that term appears the following: programs receiving Federal funds). tional Mortgage Association and the Federal ‘‘and political intelligence activities’’; and Home Loan Mortgage Corporation are pro- ‘‘(xiv) An offense under section 1001 of title (ii) in clause (i), by inserting after ‘‘lob- hibited from receiving bonuses during any 18 (relating to statements or entries gen- bying firm’’ the following: ‘‘or political in- period of conservatorship for those entities erally). telligence firm’’; on or after the date of enactment of this Act. ‘‘(xv) An offense under section 1341 of title (2) in subsection (b)— 18 (relating to frauds and swindles, including SEC. 17. DISCLOSURE OF POLITICAL INTEL- (A) in paragraph (3), by inserting after as part of a scheme to deprive citizens of LIGENCE ACTIVITIES UNDER LOB- BYING DISCLOSURE ACT. ‘‘lobbying activities’’ each place that term honest services thereby). (a) DEFINITIONS.—Section 3 of the Lobbying appears the following: ‘‘or political intel- ‘‘(xvi) An offense under section 1343 of title Disclosure Act of 1995 (2 U.S.C. 1602) is ligence activities’’; 18 (relating to fraud by wire, radio, or tele- amended— (B) in paragraph (4)— vision, including as part of a scheme to de- (1) in paragraph (2)— (i) in the matter preceding subparagraph prive citizens of honest services thereby). (A) by inserting after ‘‘lobbying activities’’ (A), by inserting after ‘‘lobbying activities’’ ‘‘(xvii) An offense under section 1503 of each place that term appears the following: the following: ‘‘or political intelligence ac- title 18 (relating to influencing or injuring ‘‘or political intelligence activities’’; and tivities’’; and officer or juror). (B) by inserting after ‘‘lobbyists’’ the fol- (ii) in subparagraph (C), by inserting after ‘‘(xviii) An offense under section 1505 of lowing: ‘‘or political intelligence consult- ‘‘lobbying activity’’ the following: ‘‘or polit- title 18 (relating to obstruction of pro- ants’’; and ical intelligence activity’’; ceedings before departments, agencies, and (2) by adding at the end the following new (C) in paragraph (5), by inserting after committees). paragraphs: ‘‘lobbying activities’’ each place that term ‘‘(xix) An offense under section 1512 of title ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— appears the following: ‘‘or political intel- 18 (relating to tampering with a witness, vic- The term ‘political intelligence activities’ ligence activities’’; tim, or an informant). means political intelligence contacts and ef- (D) in paragraph (6), by inserting after ‘‘(xx) An offense under section 1951 of title forts in support of such contacts, including ‘‘lobbyist’’ each place that term appears the 18 (relating to interference with commerce preparation and planning activities, re- following: ‘‘or political intelligence consult- by threats of violence). search, and other background work that is ant’’; and ‘‘(xxi) An offense under section 1952 of title intended, at the time it is performed, for use (E) in the matter following paragraph (6), 18 (relating to interstate and foreign travel in contacts, and coordination with such con- by inserting ‘‘or political intelligence activi- or transportation in aid of racketeering en- tacts and efforts of others. ties’’ after ‘‘such lobbying activities’’; terprises). ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— (3) in subsection (c)— ‘‘(xxii) An offense under section 1956 of ‘‘(A) DEFINITION.—The term ‘political intel- (A) in paragraph (1), by inserting after title 18 (relating to laundering of monetary ligence contact’ means any oral or written ‘‘lobbying contacts’’ the following: ‘‘or polit- instruments). communication (including an electronic ical intelligence contacts’’; and ‘‘(xxiii) An offense under section 1957 of communication) to or from a covered execu- (B) in paragraph (2)— title 18 (relating to engaging in monetary tive branch official or a covered legislative (i) by inserting after ‘‘lobbying contact’’ transactions in property derived from speci- branch official, the information derived from the following: ‘‘or political intelligence con- fied unlawful activity). which is intended for use in analyzing securi- tact’’; and ‘‘(xxiv) An offense under chapter 96 of title ties or commodities markets, or in inform- (ii) by inserting after ‘‘lobbying contacts’’ 18 (relating to racketeer influenced and cor- ing investment decisions, and which is made the following: ‘‘and political intelligence rupt organizations). on behalf of a client with regard to— contacts’’; and ‘‘(xxv) An offense under section 7201 of the ‘‘(i) the formulation, modification, or Internal Revenue Code of 1986 (relating to at- (4) in subsection (d), by inserting after adoption of Federal legislation (including ‘‘lobbying activities’’ each place that term tempt to evade or defeat tax). legislative proposals); ‘‘(xxvi) An offense under section 104(a) of appears the following: ‘‘or political intel- ‘‘(ii) the formulation, modification, or ligence activities’’. the Foreign Corrupt Practices Act of 1977 adoption of a Federal rule, regulation, Exec- (c) REPORTS BY REGISTERED POLITICAL IN- (relating to prohibited foreign trade prac- utive order, or any other program, policy, or TELLIGENCE CONSULTANTS.—Section 5 of the tices by domestic concerns). position of the United States Government; or Lobbying Disclosure Act of 1995 (2 U.S.C. ‘‘(xxvii) An offense under section 10(b) of ‘‘(iii) the administration or execution of a 1604) is amended— the Securities Exchange Act of 1934 (relating Federal program or policy (including the ne- (1) in subsection (a), by inserting after to fraud, manipulation, or insider trading of gotiation, award, or administration of a Fed- ‘‘lobbying activities’’ the following: ‘‘and po- securities). eral contract, grant, loan, permit, or li- litical intelligence activities’’; ‘‘(xxviii) An offense under section 4c(a) of cense). the Commodity Exchange Act (7 U.S.C. 6c(a)) (2) in subsection (b)— ‘‘(B) EXCEPTION.—The term ‘political intel- (relating to fraud, manipulation, or insider ligence contact’ does not include a commu- (A) in paragraph (2)— trading of commodities). nication that is made by or to a representa- (i) in the matter preceding subparagraph ‘‘(xxix) An offense under section 371 of title tive of the media if the purpose of the com- (A), by inserting after ‘‘lobbying activities’’ 18 (relating to conspiracy to commit offense munication is gathering and disseminating the following: ‘‘or political intelligence ac- or to defraud United States), to the extent of news and information to the public. tivities’’; any conspiracy to commit an act which con- ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The (ii) in subparagraph (A)— stitutes— term ‘political intelligence firm’ means a (I) by inserting after ‘‘lobbyist’’ the fol- ‘‘(I) an offense under clause (i), (ii), (iii), person or entity that has 1 or more employ- lowing: ‘‘or political intelligence consult- (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), ees who are political intelligence consult- ant’’; and (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), ants to a client other than that person or en- (II) by inserting after ‘‘lobbying activities’’ (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), tity. the following: ‘‘or political intelligence ac- (xxvii), or (xxviii); or ‘‘(20) POLITICAL INTELLIGENCE CONSULT- tivities’’; ‘‘(II) an offense under section 207 of title 18 ANT.—The term ‘political intelligence con- (iii) in subparagraph (B), by inserting after (relating to restrictions on former officers, sultant’ means any individual who is em- ‘‘lobbyists’’ the following: ‘‘and political in- employees, and elected officials of the execu- ployed or retained by a client for financial or telligence consultants’’; and tive and legislative branches). other compensation for services that include (iv) in subparagraph (C), by inserting after ‘‘(xxx) Perjury committed under section one or more political intelligence contacts.’’. ‘‘lobbyists’’ the following: ‘‘or political intel- 1621 of title 18 in falsely denying the commis- (b) REGISTRATION REQUIREMENT.—Section 4 ligence consultants’’; sion of an act which constitutes— of the Lobbying Disclosure Act of 1995 (2 (B) in paragraph (3)— ‘‘(I) an offense under clause (i), (ii), (iii), U.S.C. 1603) is amended— (i) by inserting after ‘‘lobbying firm’’ the (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (1) in subsection (a)— following: ‘‘or political intelligence firm’’; (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (A) in paragraph (1)— and (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (i) by inserting after ‘‘whichever is ear- (ii) by inserting after ‘‘lobbying activities’’ (xxvii), or (xxviii); or lier,’’ the following: ‘‘or a political intel- each place that term appears the following: ‘‘(II) an offense under clause (xxix), to the ligence consultant first makes a political in- ‘‘or political intelligence activities’’; and extent provided in such clause. telligence contact,’’; and (C) in paragraph (4), by inserting after ‘‘(xxxi) Subornation of perjury committed (ii) by inserting after ‘‘such lobbyist’’ each ‘‘lobbying activities’’ each place that term under section 1622 of title 18 in connection place that term appears the following: ‘‘or appears the following: ‘‘or political intel- with the false denial or false testimony of consultant’’; ligence activities’’; and another individual as specified in clause (B) in paragraph (2), by inserting after (3) in subsection (d)(1), in the matter pre- (xxx).’’. ‘‘lobbyists’’ each place that term appears the ceding subparagraph (A), by inserting ‘‘or a

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.028 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S314 CONGRESSIONAL RECORD — SENATE February 2, 2012 political intelligence consultant’’ after ‘‘a ‘‘Sec. 3237. Offense taking place in more SEC. 206. AMENDMENT OF THE SENTENCING lobbyist’’. than one district.’’. GUIDELINES RELATING TO CERTAIN (d) DISCLOSURE AND ENFORCEMENT.—Sec- CRIMES. SEC. 203. THEFT OR BRIBERY CONCERNING PRO- (a) DIRECTIVE TO SENTENCING COMMISSION.— tion 6(a) of the Lobbying Disclosure Act of GRAMS RECEIVING FEDERAL FINAN- 1995 (2 U.S.C. 1605) is amended— CIAL ASSISTANCE. Pursuant to its authority under section (1) in paragraph (3)(A), by inserting after 994(p) of title 28, United States Code, and in Section 666(a) of title 18, United States ‘‘lobbying firms’’ the following: ‘‘, political accordance with this section, the United Code, is amended— intelligence consultants, political intel- States Sentencing Commission forthwith (1) by striking ‘‘10 years’’ and inserting ‘‘20 ligence firms,’’; shall review and, if appropriate, amend its years’’; (2) in paragraph (7), by striking ‘‘or lob- guidelines and its policy statements applica- (2) by striking ‘‘$5,000’’ the second place bying firm’’ and inserting ‘‘lobbying firm, ble to persons convicted of an offense under and the third place it appears and inserting political intelligence consultant, or political section 201, 641, 1346A, or 666 of title 18, ‘‘$1,000’’; intelligence firm’’; and United States Code, in order to reflect the (3) by striking ‘‘anything of value’’ each (3) in paragraph (8), by striking ‘‘or lob- intent of Congress that such penalties meet place it appears and inserting ‘‘any thing or bying firm’’ and inserting ‘‘lobbying firm, the requirements in subsection (b) of this things of value’’; and political intelligence consultant, or political section. (4) in paragraph (1)(B), by inserting after intelligence firm’’. (b) REQUIREMENTS.—In carrying out this ‘‘anything’’ the following: ‘‘or things’’. (e) RULES OF CONSTRUCTION.—Section 8(b) subsection, the Commission shall— of the Lobbying Disclosure Act of 1995 (2 SEC. 204. PENALTY FOR SECTION 641 VIOLA- (1) ensure that the sentencing guidelines U.S.C. 1607(b)) is amended by striking ‘‘or TIONS. and policy statements reflect Congress’s in- lobbying contacts’’ and inserting ‘‘lobbying Section 641 of title 18, United States Code, tent that the guidelines and policy state- contacts, political intelligence activities, or is amended by striking ‘‘ten years’’ and in- ments reflect the serious nature of the of- political intelligence contacts’’. serting ‘‘15 years’’. fenses described in paragraph (1), the inci- (f) IDENTIFICATION OF CLIENTS AND COVERED dence of such offenses, and the need for an SEC. 205. BRIBERY AND GRAFT; CLARIFICATION OFFICIALS.—Section 14 of the Lobbying Dis- effective deterrent and appropriate punish- closure Act of 1995 (2 U.S.C. 1609) is amend- OF DEFINITION OF ‘‘OFFICIAL ACT’’; CLARIFICATION OF THE CRIME OF ment to prevent such offenses; ed— ILLEGAL GRATUITIES. (2) consider the extent to which the guide- (1) in subsection (a)— (a) DEFINITION.—Section 201(a) of title 18, lines may or may not appropriately account (A) in the heading, by inserting ‘‘OR POLIT- United States Code, is amended— for— ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; (A) the potential and actual harm to the (B) by inserting ‘‘or political intelligence (1) in paragraph (2), by striking ‘‘and’’ at the end; public and the amount of any loss resulting contact’’ after ‘‘lobbying contact’’ each place from the offense; that term appears; and (2) by amending paragraph (3) to read as follows: (B) the level of sophistication and planning (C) in paragraph (2), by inserting ‘‘or polit- involved in the offense; ical intelligence activity, as the case may ‘‘(3) the term ‘official act’— ‘‘(A) means any act within the range of of- (C) whether the offense was committed for be’’ after ‘‘lobbying activity’’; purposes of commercial advantage or private (2) in subsection (b)— ficial duty, and any decision or action on any question, matter, cause, suit, pro- financial benefit; (A) in the heading, by inserting ‘‘OR POLIT- ceeding, or controversy, which may at any (D) whether the defendant acted with in- ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; time be pending, or which may by law be tent to cause either physical or property (B) by inserting ‘‘or political intelligence harm in committing the offense; contact’’ after ‘‘lobbying contact’’ each place brought before any public official, in such public official’s official capacity or in such (E) the extent to which the offense rep- that term appears; and resented an abuse of trust by the offender (C) in paragraph (2), by inserting ‘‘or polit- official’s place of trust or profit; and ‘‘(B) may be a single act, more than 1 act, and was committed in a manner that under- ical intelligence activity, as the case may mined public confidence in the Federal, be’’ after ‘‘lobbying activity’’; and or a course of conduct; and’’; and (3) by adding at the end the following: State, or local government; and (3) in subsection (c), by inserting ‘‘or polit- (F) whether the violation was intended to ical intelligence contact’’ after ‘‘lobbying ‘‘(4) the term ‘rule or regulation’ means a Federal regulation or a rule of the House of or had the effect of creating a threat to pub- contact’’. lic health or safety, injury to any person or (g) ANNUAL AUDITS AND REPORTS BY COMP- Representatives or the Senate, including those rules and regulations governing the ac- even death; TROLLER GENERAL.—Section 26 of the Lob- (3) assure reasonable consistency with bying Disclosure Act of 1995 (2 U.S.C. 1614) is ceptance of gifts and campaign contribu- other relevant directives and with other sen- amended— tions.’’. tencing guidelines; (1) in subsection (a)— (b) CLARIFICATION.—Section 201(c)(1) of (4) account for any additional aggravating (A) by inserting ‘‘political intelligence title 18, United States Code, is amended to or mitigating circumstances that might jus- firms, political intelligence consultants,’’ read as follows: tify exceptions to the generally applicable after ‘‘lobbying firms’’; and ‘‘(1) otherwise than as provided by law for sentencing ranges; (B) by striking ‘‘lobbying registrations’’ the proper discharge of official duty, or by (5) make any necessary conforming and inserting ‘‘registrations’’; rule or regulation— changes to the sentencing guidelines; and (2) in subsection (b)(1)(A), by inserting ‘‘po- ‘‘(A) directly or indirectly gives, offers, or (6) assure that the guidelines adequately litical intelligence firms, political intel- promises any thing or things of value to any meet the purposes of sentencing as set forth ligence consultants,’’ after ‘‘lobbying firms’’; public official, former public official, or per- in section 3553(a)(2) of title 18, United States and son selected to be a public official for or be- Code. (3) in subsection (c), by inserting ‘‘or polit- cause of any official act performed or to be ical intelligence consultant’’ after ‘‘a lob- performed by such public official, former SEC. 207. EXTENSION OF STATUTE OF LIMITA- public official, or person selected to be a TIONS FOR SERIOUS PUBLIC COR- byist’’. RUPTION OFFENSES. public official; TITLE II—PUBLIC CORRUPTION (a) IN GENERAL.—Chapter 213 of title 18, ‘‘(B) directly or indirectly, knowingly PROSECUTION IMPROVEMENTS United States Code, is amended by adding at gives, offers, or promises any thing or things SEC. 201. SHORT TITLE. the end the following: This title may be cited as the ‘‘Public Cor- of value with an aggregate value of not less ‘‘§ 3302. Corruption offenses ruption Prosecution Improvements Act of than $1000 to any public official, former pub- 2012’’. lic official, or person selected to be a public ‘‘Unless an indictment is returned or the SEC. 202. VENUE FOR FEDERAL OFFENSES. official for or because of the official’s or per- information is filed against a person within (a) IN GENERAL.—The second undesignated son’s official position; 6 years after the commission of the offense, paragraph of section 3237(a) of title 18, ‘‘(C) being a public official, former public a person may not be prosecuted, tried, or United States Code, is amended by adding official, or person selected to be a public offi- punished for a violation of, or a conspiracy before the period at the end the following: cial, directly or indirectly, knowingly de- or an attempt to violate the offense in— ‘‘or in any district in which an act in fur- mands, seeks, receives, accepts, or agrees to ‘‘(1) section 201 or 666; therance of the offense is committed’’. receive or accept any thing or things of ‘‘(2) section 1341 or 1343, when charged in (b) SECTION HEADING.—The heading for sec- value with an aggregate value of not less conjunction with section 1346 and where the tion 3237 of title 18, United States Code, is than $1000 for or because of the official’s or offense involves a scheme or artifice to de- amended to read as follows: person’s official position; or prive another of the intangible right of hon- ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE ‘‘(D) being a public official, former public est services of a public official; THAN ONE DISTRICT.’’. official, or person selected to be a public offi- ‘‘(3) section 1951, if the offense involves ex- (c) TABLE OF SECTIONS.—The table of sec- cial, directly or indirectly demands, seeks, tortion under color of official right; tions at the beginning of chapter 211 of title receives, accepts, or agrees to receive or ac- ‘‘(4) section 1952, to the extent that the un- 18, United States Code, is amended so that cept any thing or things of value for or be- lawful activity involves bribery; or the item relating to section 3237 reads as fol- cause of any official act performed or to be ‘‘(5) section 1962, to the extent that the lows: performed by such official or person;’’. racketeering activity involves bribery

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chargeable under State law, involves a viola- (2) CLERICAL AMENDMENT.—The table of (b) CONFORMING AMENDMENT.—The table of tion of section 201 or 666, section 1341 or 1343, sections at the beginning of chapter 79 of sections for chapter 63 of title 18, United when charged in conjunction with section title 18, United States Code, is amended by States Code, is amended by inserting after 1346 and where the offense involves a scheme adding at the end the following: the item relating to section 1346 the fol- or artifice to deprive another of the intan- ‘‘1624. Venue.’’. lowing new item: gible right of honest services of a public offi- SEC. 211. PROHIBITION ON UNDISCLOSED SELF- ‘‘1346A. Undisclosed self-dealing by public of- cial, or section 1951, if the offense involves DEALING BY PUBLIC OFFICIALS. ficials.’’. extortion under color of official right.’’. (a) IN GENERAL.—Chapter 63 of title 18, (c) APPLICABILITY.—The amendments made (b) CLERICAL AMENDMENT.—The table of United States Code, is amended by inserting by this section apply to acts engaged in on sections at the beginning of chapter 213 of after section 1346 the following new section: or after the date of the enactment of this title 18, United States Code, is amended by ‘‘§ 1346A. Undisclosed self-dealing by public Act. adding at the end the following new item: officials SEC. 212. DISCLOSURE OF INFORMATION IN COM- ‘‘3302. Corruption offenses.’’. ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC PLAINTS AGAINST JUDGES. (c) APPLICATION OF AMENDMENT.—The OFFICIALS.—For purposes of this chapter, the Section 360(a) of title 28, United States amendments made by this section shall not term ‘scheme or artifice to defraud’ also in- Code, is amended— cludes a scheme or artifice by a public offi- apply to any offense committed before the (1) in paragraph (2) by striking ‘‘or’’; cial to engage in undisclosed self-dealing. date of enactment of this Act. (2) in paragraph (3), by striking the period ‘‘(b) DEFINITIONS.—As used in this section: SEC. 208. INCREASE OF MAXIMUM PENALTIES at the end, and inserting ‘‘; or’’; and ‘‘(1) OFFICIAL ACT.—The term official act— FOR CERTAIN PUBLIC CORRUPTION (3) by inserting after paragraph (3) the fol- RELATED OFFENSES. ‘‘(A) means any act within the range of of- ficial duty, and any decision or action on lowing: (a) SOLICITATION OF POLITICAL CONTRIBU- any question, matter, cause, suit, pro- ‘‘(4) such disclosure of information regard- TIONS.—Section 602(a)(4) of title 18, United ceeding, or controversy, which may at any ing a potential criminal offense is made to States Code, is amended by striking ‘‘3 time be pending, or which may by law be the Attorney General, a Federal, State, or years’’ and inserting ‘‘5 years’’. brought before any public official, in such local grand jury, or a Federal, State, or local (b) PROMISE OF EMPLOYMENT FOR POLITICAL public official’s official capacity or in such law enforcement agency.’’. ACTIVITY.—Section 600 of title 18, United official’s place of trust or profit; and SEC. 213. CLARIFICATION OF EXEMPTION IN CER- States Code, is amended by striking ‘‘one ‘‘(B) may be a single act, more than one TAIN BRIBERY OFFENSES. year’’ and inserting ‘‘3 years’’. act, or a course of conduct. Section 666(c) of title 18, United States (c) DEPRIVATION OF EMPLOYMENT FOR PO- ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- Code, is amended— LITICAL ACTIVITY.—Section 601(a) of title 18, ficial’ means an officer, employee, or elected (1) by striking ‘‘This section does not apply United States Code, is amended by striking or appointed representative, or person acting to’’; and ‘‘one year’’ and inserting ‘‘3 years’’. for or on be half of the United States, a (2) by inserting ‘‘The term ‘anything of (d) INTIMIDATION TO SECURE POLITICAL CON- State, or a subdivision of a State, or any de- value’ that is corruptly solicited, demanded, TRIBUTIONS.—Section 606 of title 18, United partment, agency or branch of government accepted or agreed to be accepted in sub- States Code, is amended by striking ‘‘three thereof, in any official function, under or by section (a)(1)(B) or corruptly given, offered, years’’ and inserting ‘‘5 years’’. authority of any such department, agency, or agreed to be given in subsection (a)(2) (e) SOLICITATION AND ACCEPTANCE OF CON- or branch of government. shall not include,’’ before ‘‘bona fide salary’’. TRIBUTIONS IN FEDERAL OFFICES.—Section ‘‘(3) STATE.—The term ‘State’ includes a SEC. 214. CERTIFICATIONS REGARDING APPEALS 607(a)(2) of title 18, United States Code, is State of the United States, the District of BY UNITED STATES. amended by striking ‘‘3 years’’ and inserting Columbia, and any commonwealth, territory, Section 3731 of title 18, United States Code, ‘‘5 years’’. or possession of the United States. is amended by inserting after ‘‘United States (f) COERCION OF POLITICAL ACTIVITY BY FED- ‘‘(4) UNDISCLOSED SELF-DEALING.—The term attorney’’ the following: ‘‘, Deputy Attorney ERAL EMPLOYEES.—Section 610 of title 18, ‘undisclosed self-dealing’ means that— General, Assistant Attorney General, or the United States Code, is amended by striking ‘‘(A) a public official performs an official Attorney General’’. ‘‘three years’’ and inserting ‘‘5 years’’. act for the purpose, in whole or in material The PRESIDING OFFICER. The Sen- SEC. 209. ADDITIONAL WIRETAP PREDICATES. part, of furthering or benefitting a financial Section 2516(1)(c) of title 18, United States interest, of which the public official has ator from Utah. Code, is amended— knowledge, of— f (1) by inserting ‘‘section 641 (relating to ‘‘(i) the public official; embezzlement or theft of public money, ‘‘(ii) the spouse or minor child of a public MORNING BUSINESS property, or records), section 666 (relating to official; Mr. HATCH. Madam President, I ask ‘‘(iii) a general business partner of the pub- theft or bribery concerning programs receiv- unanimous consent that the Senate ing Federal funds),’’ after ‘‘section 224 (brib- lic official; ery in sporting contests),’’; and ‘‘(iv) a business or organization in which proceed to a period of morning busi- (2) by inserting ‘‘section 1031 (relating to the public official is serving as an employee, ness, with Senators permitted to speak major fraud against the United States)’’ officer, director, trustee, or general partner; therein for up to 10 minutes each. after ‘‘section 1014 (relating to loans and ‘‘(v) an individual, business, or organiza- The PRESIDING OFFICER. Without credit applications generally; renewals and tion with whom the public official is negoti- objection, it is so ordered. discounts),’’. ating for, or has any arrangement con- Mr. HATCH. Madam President, I ask SEC. 210. EXPANDING VENUE FOR PERJURY AND cerning, prospective employment or finan- cial compensation; or unanimous consent that I be permitted OBSTRUCTION OF JUSTICE PRO- to deliver my full speech regardless of CEEDINGS. ‘‘(vi) an individual, business, or organiza- (a) IN GENERAL.—Section 1512(i) of title 18, tion from whom the public official has re- the time. United States Code, is amended to read as ceived any thing or things of value, other- The PRESIDING OFFICER. Without follows: wise than as provided by law for the proper objection, it is so ordered. discharge of official duty, or by rule or regu- ‘‘(i) A prosecution under section 1503, 1504, f 1505, 1508, 1509, 1510, or this section may be lation; and brought in the district in which the conduct ‘‘(B) the public official knowingly falsifies, RECESS APPOINTMENTS constituting the alleged offense occurred or conceals, or covers up material information in which the official proceeding (whether or that is required to be disclosed by any Fed- Mr. HATCH. Madam President, our not pending or about to be instituted) was eral, State, or local statute, rule, regulation, Nation faces grave challenges. We are intended to be affected.’’. or charter applicable to the public official, looking at our fourth straight $1 tril- or the knowing failure of the public official (b) PERJURY.— lion deficit, our credit rating has been to disclose material information in a manner (1) IN GENERAL.—Chapter 79 of title 18, downgraded, and public spending is out that is required by any Federal, State, or United States Code, is amended by adding at of control. The Nation demands leader- the end the following: local statute, rule, regulation, or charter ap- plicable to the public official. ship. ‘‘§ 1624. Venue ‘‘(5) MATERIAL INFORMATION.—The term At some moments in our Nation’s ‘‘A prosecution under section 1621(1), 1622 ‘material information’ means information— history—at moments of crisis—leaders (in regard to subornation of perjury under ‘‘(A) regarding a financial interest of a per- have emerged, put partisanship aside, 1621(1)), or 1623 of this title may be brought son described in clauses (i) through (iv) para- and worked to solve our greatest chal- in the district in which the oath, declara- graph (4)(A); and lenges. Although our current President tion, certificate, verification, or statement ‘‘(B) regarding the association, connection, under penalty of perjury is made or in which or dealings by a public official with an indi- has compared himself to both Franklin a proceeding takes place in connection with vidual, business, or organization as described Roosevelt and Abraham Lincoln, his the oath, declaration, certificate, in clauses (iii) through (vi) of paragraph leadership is falling well short of their verification, or statement.’’. (4)(A).’’. examples. Instead of taking the reins

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Needless to say, requires that pending nominations be used it to promote his political agenda. if the President alone can define a re- sent back to the President whenever He suggested to the attendees that cess, he can make recess appointments the Senate ‘‘shall adjourn or take a re- Jesus would have supported his latest during every weekend or lunch break. cess for more than 30 days.’’ Pursuing tax-the-rich scheme. With due respect The exception would swallow the rule his strategy to prevent appointments to the President, he ought to stick to and the President could issue the Sen- during the August 2008 recess, the public policy. I think most Americans ate out of the process all together. Democratic majority leader scheduled would agree the Gospels are concerned Our Constitution refers to the recess no less than 10 pro forma sessions dur- with weightier matters than effective of the Senate, not to a recess of the ing that period. As a result, because tax rates. President’s imagination or his lawyers’ each pro forma session began a new re- As long as the President has decided creation. Under the Constitution, the cess of less than 30 days, the Senate ex- to assume the role of theologian-in- Senate has the authority to determine ecutive clerk did not return any pend- chief, he would do well to put tax pol- its own procedural rules, including the ing nominations to the President. icy aside and consider the impact of what, when, and how long of Senate re- The standard here is clear: Pro forma one of his latest ObamaCare mandates. cesses. sessions create new recesses. Read the Secretary Sebelius’s decision to force I will not go into all the twists and CONGRESSIONAL RECORD. Each pro religious institutions—over the strong turns of recess appointment history. forma session begins with the words objections of churches and universities However, for decades, the standard has ‘‘The Senate met’’ and ends with the representing millions and millions of been that a recess must be longer than statement that ‘‘The Senate stands in Americans—to provide insurance cov- 3 days for the President to make a re- recess’’ until a specific date and time. erage for abortifacient drugs and con- cess appointment. The Constitution, I don’t know how much clearer it could traceptives to their employees will re- for example, requires the consent of possibly be. The Senate must adjourn quire these groups to violate their the House or Senate for the other body for more than 3 days for a President to deepest held religious beliefs. to adjourn for more than 3 days. The make a recess appointment. The Sen- The President’s comments this morn- Congressional Directory, which is the ate has endorsed this standard. The ing share more of a political strategy official directory of Congress, defines a Democratic majority has endorsed this than they do the religious beliefs of recess as ‘‘a break in House or Senate standard, Senator Barack Obama en- most Americans. In 2008, the President proceedings of three or more days, ex- dorsed this standard, and President declared his nomination was the world cluding Sundays.’’ The Senate’s own Barack Obama’s administration has en- historical moment when the rise of the Web site has the same definition. dorsed this standard. A new recess be- oceans began to slow and our planet The Clinton administration argued in gins when a Senate session, even a pro began to heal. Someone needs to re- 1993 that a recess must be longer than forma session, ends. mind the President there was only one 3 days. The Clinton administration But that was then; this is now. The person who walked on water, and he took that position. In 2010, the Obama Senate met on January 3, 2012, as the did not occupy the Oval Office. Constitution requires, to convene the This drive to politicize every aspect administration’s own Deputy Solicitor second session of the 112th Congress. of our institutions and public discourse General said this to Chief Justice John The CONGRESSIONAL RECORD states that took a serious and dangerous turn last Roberts when arguing before the Su- the Senate adjourned at 12:02 until month with the President’s appoint- preme Court: ‘‘Our office has opined January 6, at 11 a.m. I know we see ments to the Consumer Financial Pro- the recess has to be longer than three some fuzzy math here in Washington tection Bureau—the CFPB—and to the days.’’ National Labor Relations Board—the Let me repeat that. The Obama ad- from time to time, but this is pretty NLRB. Last week, in his State of the ministration told the Supreme Court a simple. That was a 3-day recess, which Union Address, President Obama said recess must be longer than 3 days for was not long enough to allow a recess Americans deserve a government that the President to make a recess ap- appointment. The very next day, however, Presi- plays by the rules. Yet his appoint- pointment. dent Obama installed Richard Cordray ments of January 4, just 1 day into a 3- The Democratic majority in this day Senate recess, failed to meet his body has endorsed this same standard. as head of the Consumer Financial Pro- own standard. On November 16, 2007, the majority tection Bureau and he also installed Those unlawful appointments are the leader said: ‘‘The Senate will be com- three members of the National Labor latest example of how he is willing ing in for pro forma situations during Relations Board. These appointments even to undermine the Constitution the Thanksgiving holiday to prevent were clearly unlawful because a suffi- and weaken our government institu- recess appointments.’’ cient recess did not exist. These ap- tions to get what he wants. They are a The four brief sessions he scheduled pointments violated the standard deeply cynical political ploy that puts chopped the Thanksgiving break into President Obama himself endorsed his own ideological wants and electoral recesses of—you guessed it—3 days or when he served in this body, and they needs above our Constitution and rule less and so did the five sessions he violated the standard his own adminis- of law. scheduled during the Christmas break. tration endorsed before the Supreme The Constitution, not the President’s This new tactic worked, and President Court. political agenda or reelection strategy, Bush did not make another recess ap- Senate Democrats routinely attacked sets the rules we must live by and play pointment for the rest of his Presi- President George W. Bush for sup- by. In the regular order of the appoint- dency. posedly creating what they called an ment process, the President nominates, There is no record that then-Senator imperial Presidency. That criticism but the Senate must consent for him to Barack Obama objected to this tactic was bogus for a host of reasons, but I appoint. The President may not get his in any way. He did not criticize it as a can only imagine how the majority way every time, but this is one of gimmick. He did not opine that the would have howled had President Bush many checks and balances in our sys- President could still make recess ap- made recess appointments the day tem to make sure one part of the gov- pointments despite these pro forma after those pro forma sessions in 2007 ernment does not gather too much sessions. He did not even suggest that and 2008. They would have denounced power. pro forma sessions did anything other him for defying the Senate, for an un- The Constitution also allows the than create new, shorter recesses. That precedented power grab, and for de- President temporarily to fill ‘‘vacan- is, after all, the only way the pro forma stroying the checks and balances that

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.057 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S317 are so important in our form of govern- risks.’’ They admit that. The memo of him to state whether he believes the ment. They would have taken swift and course does not attempt to explain how pro forma sessions have any impact on firm measures in retaliation. Who appointments during an even shorter the President’s recess appointment knows, but they might even have gone recess somehow pose less litigation power. to the Court over it. But President risks. Either way, litigation may be It also asks him to clarify whether he Bush respected the Senate and, wheth- where this controversy is headed. And I believes President Bush had the con- er he liked it or not, declined to make certainly hope so. stitutional authority to make recess recess appointments when there was no Just as our Democratic colleagues appointments like the ones recently legitimate recess. accused President Bush of creating an made by President Obama and why, if President Obama apparently has no imperial Presidency, they accused his he believes these recent appointments such regard for this body—one of which administration’s Office of Legal Coun- are constitutional, he instituted the he was honored to be a Member. And to sel of helping him to do it. They at- practice of using pro forma sessions in be clear, that means he has no such re- tacked OLC for being his advocate the first place. Why did he do that? gard for the Constitution and its sys- rather than an objective neutral ad- Finally, the letter asks the majority tem of checks and balances. He only viser. Well, nothing OLC did for Presi- leader to state specifically whether he wants his way. His political mantra dent Bush looked anything like what agrees with the President’s legal argu- last fall, that he can’t wait for Con- we see today. This memo reads like a ment that the Senate was unavailable gress to enact his agenda, has now re- brief by the President’s personal law- to perform its advice and consent func- sulted in these politicized appoint- yer. We all know Justice Department tions during the recent adjournment ments that violate our deepest con- lawyers are not the President’s per- period. stitutional principles. sonal lawyers. I ask unanimous consent to have No doubt some on the other side of When President Obama decided to printed in the RECORD a copy of the let- the aisle will respond that the Office of make these appointments, the person ter, signed by 33 Senators. Legal Counsel at the Department of who should have been the most out- There being no objection, the mate- Justice has issued a memo justifying raged was the Senate majority leader. rial was ordered to be printed in the these recess appointments. Well, as After all, as the highest ranking officer RECORD, as follows: in the Chamber, he should have been U.S. SENATE, Paul Harvey used to say, Here is the Washington, DC, February 2, 2012. rest of the story. That memo was particularly defensive of the rights and Hon. HARRY REID, issued on January 6—2 days after Presi- prerogatives of the Senate, and should Senate Majority Leader, dent Obama made these unlawful re- have opposed any effort on the part of U.S. Senate, Washington, DC. cess appointments. I had understood the Executive to undermine the Sen- DEAR MAJORITY LEADER REID: In light of OLC’s rule as giving objective advice ate’s role in the confirmation process. President Obama’s recent decision to break before decisions were made. Doing this Unfortunately, that is not what hap- with precedent regarding the use of recess after the fact looks as if it is a method pened. Since the time the appoint- appointments, we are writing to inquire ments were made, the Senate majority about your views on the matter so as to clear of trying to justify, rather than in- up what appear to be serious inconsistencies form, this controversial decision, espe- leader has, on multiple occasions, pub- on your part. We hope you will provide a cially when the memo admits that it licly endorsed the President’s decision complete and candid response. addresses a novel issue with ‘‘substan- to ignore precedent and bypass the On January 4, 2012, the President an- tial arguments on each side.’’ Senate. He did so on television in mid- nounced his intent to recess appoint Richard The most egregious flaw in the OLC January and again this week here on Griffin, Sharon Block, and Terence Flynn to memo is that it addresses the wrong this floor. The majority leader’s deci- serve on the National Labor Relations Board question. The question OLC should sion to support and, indeed, applaud (NLRB) and Richard Cordray to serve as head of the Consumer Financial Protection have answered is why a pro forma ses- the President in this case is troubling, Bureau (CFPB). Pursuant to a Unanimous sion, like any other session, does not given that, as I mentioned a few min- Consent agreement, the Senate was to go start a new recess. That is the real utes ago, it was under his leadership into pro forma session every three days be- question here. OLC simply ignored that that the Senate began to use pro forma tween December 17, 2011 and January 23, 2012. question entirely. And I am not at all sessions for the specific purpose of pre- However, the President, in a controversial surprised. The obvious answer is that a venting President Bush from making turn of events, determined that the Senate’s pro forma session does begin a new re- recess appointments. use of periodic pro forma sessions was insuf- cess, and then OLC would have had to The majority leader has acknowl- ficient to prevent him from exercising his re- edged this to some extent, but his ex- cess appointment power under Article II of justify the President making a recess the Constitution. appointment during an unprecedented planation as to why he is taking these As you are surely aware, it was under your 3-day recess. apparently contradictory positions is leadership that the Senate first began to use Rather than address that necessary unclear and somewhat hard to follow. pro forma sessions in order to prevent Presi- question, the OLC memo instead ad- We need a better explanation from the dent George W. Bush from making recess ap- dressed whether the President may majority leader, because from the van- pointments beginning in November 2007. make recess appointments during a tage point of many here in the Cham- With very few exceptions, this became the ber it appears that his position on the standard practice for the Senate during the longer recess that is ‘‘punctuated by rest of President Bush’s term in office, dur- periodic pro forma sessions.’’ I wish to efficacy of pro forma sessions and the ing which time no recess appointments were know who made up this characteriza- constitutionality of recess appoint- made. And, though you discontinued this tion of pro forma sessions as merely ments varies depending upon who is oc- practice when President Obama first took of- procedural punctuation marks, but a cupying the White House. No leader in fice, the procedure was reinstituted last cliche like that is no substitute for a this body should ignore this question. year. real legal argument. And, frankly, our leaders should be Furthermore, in deciding whether to make If that is the most egregious flaw in standing for the Senate against the these appointments, the President report- edly relied on the opinion of the Office of the OLC memo, its most egregious White House on this matter. Legal Counsel which argued that, because no omission might be failing even to men- Well, I hope that it isn’t true that business was to be conducted during the tion, let alone explain away, the the constitutionality of recess appoint- scheduled pro forma sessions, the President Obama administration’s endorsement ments varies depending on who is occu- could consider the Senate unavailable to of the 3-day standard before the Su- pying the White House. I hope I have provide advice and consent and exercise his preme Court. simply misinterpreted what appears to power to make recess appointments. Yet, on In 1996, the Clinton Office of Legal be plain statements, both past and December 23, 2011, one of the days scheduled Counsel advised that making appoint- present, on the part of the majority for a pro forma session, you, yourself, went ments during a 10-day recess would leader. That is why I, along with 33 of to the floor and conducted business to pro- vide for the Senate passage of the Temporary ‘‘pose significant litigation risks.’’ In my colleagues, have submitted a letter Payroll Tax Cut Continuation Act of 2011 this new memo, the Obama OLC admits to the majority leader asking him to (H.R. 3765), clearly undermining any claim that these appointments during only a clarify his position on these appoint- that the Senate is unavailable to perform its 3-day recess ‘‘creates some litigation ments. Specifically, the letter asks duties during a pro forma session.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.058 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S318 CONGRESSIONAL RECORD — SENATE February 2, 2012 However, despite the fact that you were in- ing the very appointments at issue here, we we remain friends and allies in that disputably the author of what became the hope that you share our view that neither strategically important part of the routine use pro forma sessions to prevent re- party should undermine the constitutional world during this period of political, cess appointments and even though you are authority of the Senate in order to serve a economic, and social transition. obviously well aware that the Senate is able political objective. to conduct significant business during a Thank you for your attention regarding During the past 12 months, Egypt has scheduled pro forma session, you have, on this matter. been governed by a group of senior multiple occasions, publicly expressed your Sincerely, military officers, each of whom held support for President Obama’s efforts to by- Orrin Hatch, Jim DeMint, Ron Johnson, positions of leadership and privilege in pass the Senate with regard to these nomina- Mike Johanns, John Cornyn, Marco the repressive and corrupt Mubarak tions. For example, while appearing on the Rubio, Rand Paul, Mike Lee, Michael government. To their credit, for the January 15, 2012 edition of ‘‘Meet the Press,’’ B. Enzi, John Boozman, Pat Roberts, most part they did not attempt to put you stated unequivocally that the President Chuck Grassley, John Hoeven, Roger down the revolution by force, and they ‘‘did the right thing’’ in making these ap- Wicker, Pat Toomey, Dan Coats. Rob pointments. And, while you did acknowledge Portman, Mike Crapo, Scott Brown, pledged to support the people’s demand in the interview that it was you who estab- Jeff Sessions, Dick Lugar, Lindsey for a democratically elected civilian lished the procedure of using pro forma ses- Graham, Jerry Moran, Kelly Ayotte, government that protects fundamental sions, you also stated that ‘‘President Bush James Risch, David Vitter, Saxby freedoms. didn’t have to worry about recess appoint- Chambliss, John Thune, John McCain, The transition process is a work in ments because [you] were working with John Barrasso, Richard Burr, Thad progress. On the positive side, two him,’’ and that ‘‘[you] believed then, [you] Cochran, Roy Blunt, Johnny Isakson. democratic elections have been held believe now, that a president has a right to Mr. HATCH. These so-called recess and a new Parliament has been seated. make appointments.’’ You made similar ar- appointments were unlawful because On the negative side, civilian pro- guments this week on the Senate floor. This purported explanation directly con- there was no legitimate recess in which testers have been arrested and pros- tradicts remarks you made on the Senate they could be made. ecuted in military courts that do not floor during the Bush Administration where- There are many disagreements about protect due process, and in December in you explicitly indicated that the purpose policy and political issues. That is to Egyptian police raided the offices of of the pro forma sessions was to prevent be expected. But the integrity of our seven nongovernmental organizations, President Bush from making recess appoint- system of government requires that including four U.S.-based groups whose ments. On November 16, 2007, you stated that even the President must, as he said in work for democracy and human rights ‘‘the Senate would be coming in for pro forma sessions during the Thanksgiving Hol- the State of the Union Address, play by has for years been hindered by laws and iday to prevent recess appointments,’’ and the rules. President Obama broke the practices that restrict freedom of ex- that you had made the decision to do so be- rules in order to install the individuals pression and association. Files and cause ‘‘the administration informed [you] he wanted. That action weakened the computers were confiscated, and some that they would make several recess ap- Constitution, our system of checks and of their employees have been interro- pointments.’’ On December 19, 2007, you stat- balances, as well as both the Senate gated. ed that ‘‘we are going into pro forma ses- and the Presidency. There are also reports that as many sions so the President cannot appoint people Madam President, I suggest the ab- as 400 Egyptian nongovernmental orga- we think are objectionable. . .’’ After read- nizations are under investigation, al- ing these statements, it is clear that, under sence of a quorum. the Bush Administration, you believed that The PRESIDING OFFICER. The legedly for accepting foreign dona- the use of pro forma sessions was sufficient clerk will call the roll. tions. Apparently, to the thinking of to prevent the President from making recess The bill clerk proceeded to call the Egypt’s military rulers, there is noth- appointments and that the practice was un- roll. ing wrong with the Egyptian Govern- dertaken specifically because you were un- Mr. REID. Madam President, I ask ment receiving billions of dollars from able to reach an agreement with the Presi- unanimous consent the order for the U.S. taxpayers, but private Egyptian dent regarding specific nominees. quorum call be rescinded. groups that work for a more demo- This apparent shift in your position raises a number of concerns. Most specifically, it The PRESIDING OFFICER. Without cratic, free society on behalf of the appears that you believe the importance of objection, it is so ordered. Egyptian people and that cannot sur- preserving Senate’s constitutional role in f vive without outside help do so at their the nomination and appointment process peril. EGYPT varies depending on the political party of the Despite repeated assurances from President. Because we hope that this is not Mr. LEAHY. Madam President, I Egyptian authorities that the property the case and because we hope that you, as would like to draw the Senate’s atten- seized from these organizations would the Senate Majority Leader, have taken seri- tion to recent developments in Egypt, be promptly returned, that has not ously your responsibility to protect and de- and I begin by referring to the outburst happened. To the contrary, the situa- fend the rights of this chamber, we hope you of violence yesterday by rival soccer will answer the following clarifying ques- tion has gotten worse as several of tions: fans after a match in that country in their American employees have been 1. In your view, what specific limitations which 73 people were reportedly killed ordered to remain in Egypt. Some of does the Senate’s use of pro forma sessions and hundreds injured. them have obtained protection at the place on the President’s power to make re- This is a shocking tragedy, and I U.S. Embassy. With each passing day cess appointments under the Constitution? want to express my condolences to the there are growing concerns that these 2. Would it have been constitutional, in Egyptian people and the families of the your view, for President Bush to have made groups could face criminal charges for recess appointments during the time the victims. operating in the country without per- Senate, under your leadership, was using pro Last week tens of thousands of Egyp- mission. forma sessions? If so, for what purpose did tians gathered in Tahrir Square in This is a spurious charge, since reg- you establish the practice of using pro forma Cairo to celebrate the 1 year anniver- istration applications were submitted sessions in the first place? If not, why do you sary of the popular revolution that and deemed complete by the govern- now believe it is constitutional for President overthrew former President Hosni Mu- ment years ago, because the organiza- Obama to make recess appointments under barak. That courageous and largely tions regularly reported to officials on similar circumstances? 3. In your view, did the Senate’s passage of peaceful expression of popular will was their activities, and since, while reg- the Temporary Payroll Tax Cut Continu- inspirational to people everywhere, in- istration was pending, they were per- ation Act of 2011 comply with the constitu- cluding millions of Americans. mitted to operate. Ironically, while the tional requirements for the passage of legis- The United States and Egypt share a previous regime did not seek to expel lation? long history of friendship and coopera- them for their prodemocracy work, If so, do you disagree with the President’s tion. Thousands of Americans travel Egypt’s current authorities, whose re- argument that the Senate was ‘‘unavailable’’ and study in Egypt, and over the years sponsibility it is to defend and support to perform its advice and consent duties dur- we have provided tens of billions of dol- ing the recent adjournment? the democratic tradition, are attempt- Needless to say, these are very serious lars in economic and military aid to ing to do just that. matters. While there are many issues that Egypt. Our countries share many inter- There is abundant misinformation divide the two parties in the Senate, includ- ests, and it is critically important that about the work of the American-based

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.035 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S319 organizations, with some Egyptian offi- the Egyptian Government is now in is that the ruling military council refuses to cials accusing them—without offering jeopardy, and it is in the interests of recognize the seriousness of the crisis it has any evidence—of trying to subvert both countries that this crisis is created in the U.S.-Egyptian alliance. The persecution of the Americans, which Egypt’s political process. Without be- promptly and satisfactorily resolved has been escalating since their offices were laboring the point, their work was no and that we focus instead on moving raided Dec. 29, is an extraordinary provo- secret as they had nothing to hide. forward to build an even stronger and cation by the generals who succeeded Hosni They were helping to build the capac- enduring relationship. Mubarak. Despite repeated appeals, includ- ity of Egyptian organizations engaged In December, President Obama ing by President Obama, military council in peaceful work for democracy and signed into law the Consolidated Ap- chief Field Marshal Mohammed Hussein Tantawi has failed to deliver on promises to human rights, supporting the develop- propriations Act for 2012. Section call off the witch hunt and return con- ment of political parties, and working 7041(a)(1) of division I of that act pro- fiscated funds and property. Over the week- with Egyptian groups to provide non- vides that prior to the obligation of end, three of the Americans, including the partisan voter education. $1.3 billion in fiscal year 2012 U.S. mili- son of Transportation Secretary Ray The military argues that since these tary aid for Egypt, the Secretary of LaHood, moved into the U.S. Embassy com- groups were not registered, they were State shall certify that ‘‘the Govern- pound in Cairo out of fear for their safety. in violation of Egyptian law, but this is Meanwhile the Egyptian military delega- ment of Egypt is supporting the transi- tion, headed by Fouad Abdelhalim, defense a transparently specious excuse for tion to civilian government including minister for arms affairs, is here on a busi- shutting them down. Their repeated holding free and fair elections; imple- ness-as-usual mission to discuss security co- applications for registration were nei- menting policies to protect freedom of operation—including the weapons purchases ther granted nor denied. The govern- expression, association, and religion, Egypt makes with the $1.3 billion in U.S. ment simply chose to ignore them. and due process of law.’’ military aid it receives each year. The gen- Egyptian officials also insist that These unprecedented requirements, erals regard this funding as an entitlement, this is simply a matter of upholding linked to the country’s peace treaty with which I wrote, were included for two Israel. They appear to believe that Wash- the rule of law, but the complaint reasons. First, we want to send a clear ington will not dare to cut them off, even if against these organizations was issued message to the Egyptian people that Americans seeking to promote democracy in by a Minister with no direct authority we support their demand for democracy Egypt are made the object of xenophobic over legal matters, and a negative and fundamental freedoms. Second, we slanders and threatened with imprisonment. propaganda campaign was unleashed in want to send a clear message to the Preserving the alliance with Egypt, and the state-controlled media. The con- maintaining good relations with its military, Egyptian military that the days of is an important U.S. interest. But the Obama duct of the raids, seizure of the files blank checks are over. We value the re- administration must be prepared to take an and computers, interrogation of the lationship and will provide substantial uncompromising stand. If the campaign employees, and the no-fly order have amounts of aid, but not uncondition- against U.S., European and Egyptian NGOs not been conducted consistent with ally. They must do their part to sup- is not ended, military aid must be suspended. legal standards but instead seem to be port the transition to civilian govern- Administration officials say Gen. Tantawi politically motivated. No warrants has been warned repeatedly that the aid ment. If the assault against inter- money is at risk. But they tend to blame have been issued, no charging docu- national and Egyptian nongovern- Congress, which attached conditions to the ments made public, and no inventory of mental organizations continues, sev- 2012 military funding over the administra- seized property made available. eral of the requirements for certifi- tion’s objections. Before aid is disbursed, the Many suspect that the force behind cation could not be met. administration is required to certify to Con- this crackdown is Minister of Inter- Egypt has an extraordinary history gress that Egypt is holding free elections and national Cooperation Faiza Aboul dating back thousands of years. Any- protecting freedom of expression and asso- Naga, who was described in a Wash- ciation. Officials acknowledge that no cer- one who has stood at the base of the tification will be possible while the prosecu- ington Post editorial this week as ‘‘a pyramids cannot help but be in awe of tions continue, and that funding could run civilian holdover from the Mubarak re- what that society accomplished cen- out in March. But the legislation provides gime’’ and ‘‘an ambitious demagogue turies before Columbus arrived in for the certification to be waived by the [who] is pursuing a well-worn path in America. It is a destination for thou- State Department on grounds of national se- Egyptian politics—whipping up nation- sands of American tourists and stu- curity. That course must be ruled out. alist sentiment against the United The campaign against the International dents each year. It has the potential to Republican Institute, National Democratic States as a way of attacking liberal op- be a strong force for democratic change Institute and Freedom House, along with a ponents at home.’’ Given Minister and moderation in the Middle East and half-dozen Egyptian and European groups, is Aboul Naga’s recent statements, I north Africa. being led by Minister of International Co- strongly believe that no future U.S. I hope the Egyptian authorities fully operation Faiza Aboul Naga, a civilian hold- Government funds should be provided appreciate the seriousness of this situ- over from the Mubarak regime. Ms. Aboul Naga, an ambitious demagogue, is pursuing a to or through that ministry as long as ation and what is at stake. They need she is in charge. As the chair of the Ap- well-worn path in Egyptian politics—whip- to permit these organizations to reopen ping up nationalist sentiment against the propriations Committee’s Sub- their offices, return the confiscated United States as a way of attacking liberal committee on the State Department property, end investigations of their opponents at home. The regime’s calculation and Foreign Operations, I am confident activities and the activities of Egyp- has always been that it can get away with there is strong support in Congress for tian groups, and register them without such outrages because U.S. policymakers this position. will conclude they can’t afford a rupture in conditions so they can continue to sup- relations with Egypt. But if such a break is A related issue is the Egyptian mili- port the democratic transition. tary’s continued use of vaguely worded to be avoided, the generals must be dis- I ask unanimous consent that the abused of the notion that U.S. military aid is emergency laws to silence dissent. Washington Post editorial be printed in inviolate. While it is encouraging that the head the RECORD. f of the military, General Tantawi, an- There being no objection, the mate- nounced plans to lift the 30-year state rial was ordered to be printed in the PAYING A FAIR SHARE ACT OF 2012 of emergency, that is only a first step. RECORD, as follows: As I have mentioned, for decades the [From the Washington Post, Jan. 31, 2012] Mr. SCHUMER. Madam President, I United States and Egypt have been rise today in support of the Paying a friends and allies. While we have dif- EGYPT’S WITCH HUNT THREATENS A RUPTURE WITH THE U.S. Fair Share Act, also known as the fered over issues of democracy and Buffett rule. This legislation, intro- (Editorial) human rights, our two countries have duced yesterday by my good friend worked together in pursuit of common There is a grotesque incongruity in the from Rhode Island, highlights an im- goals. Our partnership needs to be tour around Washington this week of an Egyptian military delegation even as seven portant conversation about fairness strengthened and broadened to respond Americans who work for congressionally and tax policy in this country. to the interests and aspirations of the funded pro-democracy groups are prevented Now, some of my friends across the Egyptian people themselves. Our long- from leaving Cairo and threatened with aisle have some interesting ways of dis- standing legacy of cooperation with criminal prosecution. What makes it worse cussing the principle that millionaires

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.043 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S320 CONGRESSIONAL RECORD — SENATE February 2, 2012 and billionaires should pay the same ADDITIONAL STATEMENTS Prior to her time in public office, percent of their income taxes as mid- Jean was drawn to Mammoth Spring dle-class families. They call it class for a teaching job. Needless to say, she RECOGNIZING THE ARKANSAS warfare; they call it a political stunt. fell in love with the town and its peo- LIGHTHOUSE FOR THE BLIND But in reality it is neither of those ple and still lives there today. She AND THE ABILITYONE PROGRAM things. The Paying a Fair Share Act is spent 15 years teaching in the school ∑ common sense—the principle that ev- Mr. BOOZMAN. Madam President, district and played a significant role in eryone has a right to earn as much today I wish to recognize Arkansas developing the school’s gifted and tal- Lighthouse for the Blind and the ented program as well as the music and money as they can in America, as long AbilityOne program, two important band programs. Jean’s love of music as they are contributing their fair partners in our efforts to help blind extended beyond the classroom as she share. Americans and those with other severe also taught hundreds of children and We must have a sincere discussion disabilities find meaningful employ- adults piano lessons in her free time. about the distribution of tax burdens ment. Though Jean loved inspiring her stu- in this country. I am proud to be an The AbilityOne Program, formerly dents each day in the classroom, she original cosponsor of the Paying a Fair Javits-Wagner-O’Day, helps more than ultimately decided to pursue a greater Share Act, because it addresses this 47,000 people who are blind or have role in the community and ran for issue head on. other severe disabilities put their mayor. Jean has now served 22 years in skills and talents to work. It is the the mayor’s office, and the city and New York is a large, diverse State largest source of employment for peo- surrounding area have seen substantial full of very different people with very ple who are blind or have other severe improvements with her at the helm. different views—a fact of which I am disabilities in the country. Mayor Pace has a reputation for being extremely proud. But all across the There are more than 600 nonprofit relentless in her pursuit of grant mon- State people agree on the basic prin- agencies throughout the United States, ies and in her efforts to improve the ciple that a Tax Code which allows the including Arkansas Lighthouse for the quality of life for the residents of most privileged of our society, people Blind, who participate in AbilityOne. Mammoth Spring. Her time and efforts making tens and hundreds of millions These agencies produce over $2.3 billion have paved the way for such things as of dollars a year, to pay less than 14 in products and services purchased by a new fire truck for the fire depart- percent in taxes—significantly less the Federal Government. ment, funding for the Aquatic Con- than the average middle-class family— Before entering public service, I prac- servation and Education Center at ticed optometry in Rogers, AK. Assist- is broken. Mammoth Spring National Fish Hatch- ing people with vision problems was ery, and various improvements at the With the introduction of the Paying more than a career for me, it was, and State Park. Her tenure as mayor also a Fair Share Act, we now have before remains, a commitment. It led me to saw Ozarka College open a new loca- us legislation that can significantly re- help establish a low vision program at tion in Mammoth Spring, which has duce our debt and deficit without also the Arkansas School for the Blind in provided additional educational oppor- breaking the backs of middle-class Little Rock and to offer my services as tunities to Mammoth Spring residents. Americans. By ensuring that million- a volunteer optometrist at an area While her work on behalf of the city aires and billionaires pay at least 30 clinic that provides medical services to is how most people know Mayor Pace, percent of their income in taxes—a low-income families. I see a tremen- I would be remiss not to mention pos- rate similar to many average Ameri- dous amount of passion and commit- sibly the toughest and most rewarding cans—we can reinstitute tax fairness in ment in those who give their time and job Jean has held. That is the job of this country, a principle that our Tax services to Arkansas Lighthouse to the mother and grandmother to her won- Code has sadly lacked since the Bush Blind. derful family. Jean’s family includes Having visited the Arkansas Light- tax cuts ballooned our debt by cutting her kids, Suzanne Pace Kimes and house for the Blind, and seeing first- George Spencer Pace; their spouses, taxes for the ultra wealthy. hand the folks who work there and the Curt Kimes and Ellen Pace; and two I invite my colleagues on both sides products they make, I could not be grandkids, George Sheffield Pace and of the aisle to take part in this con- more proud of the work done by these Dalton Christine Pace. I know they versation. I consider the Paying a Fair men and women. will all enjoy being together to cele- Share Act as the beginning of a con- I applaud any organization that helps brate Jean’s 75th birthday next week. versation, not the end of it. As the co- people who are blind or severely dis- Mr. President, I ask all my col- chair of the Senate Philanthropy Cau- abled find employment. The same job leagues to join me in wishing Jean a cus, I was pleased to see that my col- that a colleague or I might take for happy 75th birthday and thank her for granted is a lifeline for those living league from Rhode Island included lan- her 37 years of public service to Mam- with a disability. The products and ∑ guage that ensures we continue to pro- moth Spring. services produced through Arkansas f mote charitable giving and I would Lighthouse for the Blind and other or- have liked to have seen a similar provi- ganizations across the country also REMEMBERING EVELYN LAUDER sion for State and local income taxes. prove that someone with a disability ∑ Mr. LAUTENBERG. Madam Presi- Regardless, I know we will have the op- can lead a productive life and make dent, late last year we lost Evelyn H. portunity to build upon this proposal major contributions within their com- Lauder, a business leader, women’s as it moves through consideration in munity. They provide a valuable serv- health advocate, refugee of nazism— the Senate and I look forward to work- ice and I offer my continued support and a friend. ing with my colleagues to improve it. for their efforts.∑ Evelyn was born in Vienna, Austria, The issues of institutional unfairness f in 1936, the only daughter of Ernest and in our Tax Code and our debt are not Mimi Hausner. Two years later, after TRIBUTE TO JEAN PACE Nazi troops invaded Austria, the going away—not until we act. I hope ∑ Mr. PRYOR. Madam President, it is Hausners fled to England, where my colleagues on both sides of the aisle my great pleasure today to recognize Evelyn’s mother was sent to an intern- can take the Paying a Fair Share Act an Arkansan and a dedicated public ment camp on the Isle of Man. as the beginning of a new chapter in servant on her approaching 75th birth- In 1940, after Mrs. Hausner’s release, the national debate, one that ends with day. Jean Pace, the longtime mayor of the family sailed to the United States. a fairer Tax Code, deficit reduction, Mammoth Spring, AR, will celebrate They settled in New York, where Eve- and a message to the American people her birthday on February 11, 2012. Fam- lyn attended public schools and Hunter that their government will not rest ily and friends will gather to celebrate College. She then married Leonard until we have created a stronger, more not only Jean’s birthday but also her Lauder; had two sons, William and prosperous, and fairer American econ- tireless public service that has spanned Gary; and for a while worked as a omy. 37 years. schoolteacher in New York.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.029 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S321 When Evelyn’s mother-in-law Este´e more tough than a lot of people. I was one of MESSAGES FROM THE PRESIDENT the few people who spoke my mind to Lauder invited her to join the family’s Messages from the President of the cosmetics company in 1959, it was a Este´e.’’ Mrs. Lauder learned she had breast cancer United States were communicated to small business with a handful of em- the Senate by Mr. Pate, one of his sec- ployees. Evelyn helped build it into an in 1989 and soon became a strong voice on be- half of women’s health, though she was al- retaries. empire. She created the Clinique brand ways reluctant to discuss her own condition. f and held a number of positions at the ‘‘My situation doesn’t really matter,’’ she company, including senior corporate told a reporter in 1995. EXECUTIVE MESSAGES REFERRED vice president. Today, the Este´e She was a creator of the Pink Ribbon cam- As in executive session the Presiding Lauder Companies employ more than paign, a worldwide symbol of breast health, Officer laid before the Senate messages 32,000 people around the world. and in 1993 she founded the Breast Cancer from the President of the United Although Evelyn was a talented busi- Research Foundation, which has raised more States submitting sundry nominations nesswoman, she arguably made her big- than $350 million. which were referred to the appropriate gest impact outside the business world. In 2007 she received a diagnosis of ovarian committees. In 1989, Evelyn was diagnosed with cancer, which developed independently of her breast cancer, Ms. Trower said. (The nominations received today are breast cancer. Instead of allowing her printed at the end of the Senate pro- Evelyn Hausner was born on Aug. 12, 1936, illness to be a setback, Evelyn made it ceedings. a cause. She helped create the pink rib- in Vienna, the only child of Ernest and Mimi bon campaign to raise awareness of Hausner. Her father, a dapper man who lived f in Poland and Berlin before marrying the breast cancer and also founded the daughter of a Viennese lumber supplier, MESSAGES FROM THE HOUSE Breast Cancer Research Foundation, owned a lingerie shop. In 1938, with Hitler’s At 11:40 a.m., a message from the which has raised more than $350 mil- annexation of Austria, the family left Vi- House of Representatives, delivered by lion and supports more than 180 sci- enna, taking a few belongings, including Mr. Novotny, one of its reading clerks, entists based in 13 countries. The household silver, which Ernest Hausner used announced that the House has passed to obtain visas to Belgium. Breast Center at the Memorial Sloan- the following bills, in which it requests Kettering Cancer Center bears her The family eventually reached England, the concurrence of the Senate: name. where Evelyn’s mother was immediately sent to an internment camp on the Isle of H.R. 1173. An act to repeal the CLASS pro- In a New York Times profile in 1995, gram. Evelyn stated, ‘‘I feel it’s important to Man. ‘‘The separation was very traumatic for me,’’ Mrs. Lauder said. Her father placed H.R. 3567. An act to amend title IV of the make a mark somewhere.’’ her in a nursery until her mother could be Social Security Act to require States to im- Madam President, I believe Evelyn released and he could raise money. In 1940, plement policies to prevent assistance under achieved this goal. Her leadership in the family set sail for New York, where her the Temporary Assistance for Needy Fami- business and philanthropy, along with father worked as a diamond cutter during lies (TANF) program from being used in strip her passionate advocacy for women’s the war. clubs, casinos, and liquor stores. health issues, is virtually unmatched. In 1947, he and his wife bought a dress shop H.R. 3835. An act to extend the pay limita- We are thankful for her and the endur- in Manhattan called Lamay. Over time they tion for Members of Congress and Federal employees. ing legacy she left us. expanded it to a chain of five shops. I ask to have printed in the RECORD a Mrs. Lauder grew up on West 86th Street The message also announced that the copy of the obituary the New York and attended Public School 9. During her House agreed to the following concur- Times published at the time of her freshman year at Hunter College, she met rent resolution, in which it requests passing. Leonard Lauder on a blind date. Already the concurrence of the Senate: There being no objection, the mate- graduated from college and training to be a H. Con. Res. 90. Concurrent resolution au- naval officer, Mr. Lauder had grown up on thorizing the printing of the 25th edition of rial was ordered to be printed in the West 76th Street, though in a sense it was a RECORD, as follows: the pocket version of the United States Con- world apart. ‘‘He was the first person who stitution. [From The New York Times, Nov. 12, 2011] took me out to dinner in a restaurant,’’ she EVELYN H. LAUDER, CHAMPION OF BREAST recalled. They married four years later at The message further announced that CANCER RESEARCH, DIES AT 75 the Plaza Hotel. pursuant to 10 U.S.C. 4355(a), and the (By Cathy Horyn) Though always at home by 4 p.m. when her order of the House of January 5, 2011, Evelyn H. Lauder, a refugee of Nazi-occu- two children were little, Mrs. Lauder said the Speaker appoints the following pied Europe who married into an illustrious she never considered being a stay-at-home Members of the House of Representa- family in the beauty business and became an mom, in spite of the family’s growing tives to the Board of Visitors to the ardent advocate for breast cancer awareness, wealth. ‘‘I couldn’t bear it,’’ she said. ‘‘I grew United States Military Academy: Mr. up with a working mother.’’ Mrs. Lauder was raising millions for research, died on Satur- SHIMKUS of Illinois and Mr. WOMACK of also a public school teacher for several day at her home in Manhattan. She was 75. Arkansas. The cause was nongenetic ovarian cancer years. said Alexandra Trower, a spokeswoman for She held many roles at Este´e Lauder, in- ENROLLED BILL SIGNED the Este´e Lauder Companies. cluding creator of training programs and di- At 6:45 p.m., a message from the As the wife of Leonard A. Lauder, the rector of new products and marketing. In House of Representatives, delivered by chairman emeritus of the Este´e Lauder Com- 1989, the year of her breast cancer diagnosis, Mrs. Cole, one of its reading clerks, an- panies, and as the daughter-in-law of the she became the senior corporate vice presi- nounced that the Speaker has signed ´ company’s formidable matriarch, Estee dent and head of fragrance development the following enrolled bill: Lauder, Evelyn Lauder had to establish her worldwide. H.R. 588. An act to redesignate the own place in a family as complex as it was Mrs. Lauder is survived by her husband; Noxubee National Wildlife Refuge as the competitive. her sons, William and Gary; and five grand- Sam D. Hamilton Noxubee National Wildlife Mrs. Lauder frequently told the story of children. how, early in her marriage, she returned to Refuge. Though Mrs. Lauder, an avid photog- the couple’s apartment to find that Este´e f had rearranged the furniture more to her lik- rapher, had a home in Colorado and a pent- ing. When Evelyn and Leonard were dating— house on Fifth Avenue lined with modern MEASURES REFERRED it was only their second date—Este´e im- art, she and her husband liked to retreat to a plain cabin in Putnam County, N.Y., where The following bills were read the first plored her to stay and be the hostess for a and the second times by unanimous birthday party she was giving her son. Mrs. Lauder might serve guests German food ‘‘So I stayed,’’ Mrs. Lauder said in an she had prepared. consent, and referred as indicated: interview in 2008. ‘‘What could I do? She was Asked once how she felt about working H.R. 3567. An act to amend title IV of the like a steamroller.’’ with her husband in the early days, she re- Social Security Act to require States to im- Yet it was clear that Este´e was crazy about plied, ‘‘Working with Leonard was a riot.’’ plement policies to prevent assistance under the young woman, and soon after Evelyn’s Indeed, she joked that he had such a sense of the Temporary Assistance for Needy Fami- marriage, in 1959, she joined the family cos- business, without family favoritism, that lies (TANF) program from being used in strip metics company, then a small enterprise, getting an appointment with him was some- clubs, casinos, and liquor stores; to the Com- pitching in wherever she was needed. times tough. ‘‘It would take me much longer mittee on Finance. ‘‘I was very strong,’’ she said. ‘‘Having had to get a date with him,’’ she said, ‘‘than H.R. 3835. An act to extend the pay limita- a childhood like the one I had, I was much someone who didn’t have his name.’’∑ tion for Members of Congress and Federal

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.006 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S322 CONGRESSIONAL RECORD — SENATE February 2, 2012 employees; to the Committee on Homeland Engineering, Architectural Services, Design of the Senate on January 26, 2012; to the Security and Governmental Affairs. Policies and Construction Standards’’ (7 CFR Committee on Commerce, Science, and The following concurrent resolution Parts 1724 and 1726) received in the Office of Transportation. EC–4898. A communication from the Senior was read, and referred as indicated: the President of the Senate on January 31, 2012; to the Committee on Agriculture, Nu- Program Analyst, Federal Aviation Adminis- H. Con. Res. 90. Concurrent resolution au- trition, and Forestry. tration, Department of Transportation, thorizing the printing of the 25th edition of EC–4889. A communication from the Sec- transmitting, pursuant to law, the report of the pocket version of the United States Con- retary of Transportation, transmitting, pur- a rule entitled ‘‘Amendment of Federal Air- stitution; to the Committee on Rules and suant to law, a report entitled, ‘‘Funda- ways; Alaska’’ ((RIN2120–AA66) (Docket No. Administration. mental Properties of Asphalts and Modified FAA–2011–0010)) received in the Office of the f Asphalts—III’’; to the Committee on Com- President of the Senate on January 26, 2012; merce, Science, and Transportation. to the Committee on Commerce, Science, MEASURES READ THE FIRST TIME EC–4890. A communication from the Sec- and Transportation. retary of Transportation, transmitting, pur- EC–4899. A communication from the Senior The following bill was read the first suant to law, a report relative to obligations Program Analyst, Federal Aviation Adminis- time: and unobligated balances of funds provided tration, Department of Transportation, S. 2064. A bill to amend the Internal Rev- for Federal-aid highway and safety construc- transmitting, pursuant to law, the report of enue Code of 1986 to terminate certain en- tion programs during fiscal year 2010; to the a rule entitled ‘‘Airworthiness Directives; ergy tax subsidies and lower the corporate Committee on Commerce, Science, and International Aero Engines Turbofan En- income tax rate. Transportation. gines’’ ((RIN2120–AA64) (Docket No. FAA– EC–4891. A communication from the Chair f 2010–0494)) received in the Office of the Presi- of the Aerospace Safety Advisory Panel, Na- dent of the Senate on January 26, 2012; to the EXECUTIVE AND OTHER tional Aeronautics and Space Administra- Committee on Commerce, Science, and COMMUNICATIONS tion, transmitting, pursuant to law, the Pan- Transportation. el’s annual report for 2011; to the Committee EC–4900. A communication from the Senior The following communications were on Commerce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- laid before the Senate, together with EC–4892. A communication from the Senior tration, Department of Transportation, accompanying papers, reports, and doc- Regulations Analyst, Office of the Secretary transmitting, pursuant to law, the report of uments, and were referred as indicated: of Transportation, Department of Transpor- a rule entitled ‘‘Airworthiness Directives; tation, transmitting, pursuant to law, a rule BAE SYSTEMS (Operations) Limited Air- EC–4882. A communication from the Dep- entitled ‘‘Transportation for Individuals uty Assistant Administrator, Office of Diver- planes’’ ((RIN2120–AA64) (Docket No. FAA– With Disabilities at Intercity, Commuter, 2011–0911)) received in the Office of the Presi- sion Control, Drug Enforcement Agency, De- and High Speed Passenger Railroad Station partment of Justice, transmitting, pursuant dent of the Senate on January 26, 2012; to the Platforms; Miscellaneous Amendments’’ Committee on Commerce, Science, and to law, the report of a rule entitled ‘‘Tech- (RIN2105–AD54) received in the Office of the nical Amendments and Corrections to DEA Transportation. President of the Senate on January 26, 2012; EC–4901. A communication from the Senior Regulations’’ (Docket No. DEA–356) received to the Committee on Commerce, Science, Program Analyst, Federal Aviation Adminis- in the Office of the President of the Senate and Transportation. tration, Department of Transportation, on January 31, 2012; to the Committee on the EC–4893. A communication from the Senior transmitting, pursuant to law, the report of Judiciary. Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; EC–4883. A communication from the Assist- tration, Department of Transportation, Lycoming Engines, Fuel Injected Recipro- ant Attorney General, transmitting, pursu- transmitting, pursuant to law, the report of cating Engines’’ ((RIN2120–AA64) (Docket No. ant to law, a report relative to grants made a rule entitled ‘‘Amendment of VOR Federal FAA–2007–0218)) received in the Office of the under the Paul Coverdell National Forensic Airways V-81, V-89, and V-169 in the Vicinity President of the Senate on January 26, 2012; Science Improvement Grants Program; to of Chadron, Nebraska’’ ((RIN2120–AA66) to the Committee on Commerce, Science, the Committee on the Judiciary. (Docket No. FAA–2010–1016)) received in the and Transportation. EC–4884. A communication from the Chief Office of the President of the Senate on Jan- EC–4902. A communication from the Senior Human Capital Officer, Small Business Ad- uary 26, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- ministration, transmitting, pursuant to law, merce, Science, and Transportation. tration, Department of Transportation, a report relative to a vacancy in the position EC–4894. A communication from the Senior transmitting, pursuant to law, the report of of Chief Counsel for Advocacy, received in Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; the Office of the President of the Senate on tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– January 30, 2012; to the Committee on Small transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2011–0649)) received Business and Entrepreneurship. a rule entitled ‘‘Amendment of Restricted in the Office of the President of the Senate EC–4885. A communication from the Direc- Areas R-210A, B, C, D and E; Huntsville, AL’’ on January 26, 2012; to the Committee on tor of the Regulation Policy and Manage- ((RIN2120–AA66) (Docket No. FAA–2010–0693)) Commerce, Science, and Transportation. ment Office, Veterans Benefits Administra- received in the Office of the President of the EC–4903. A communication from the Senior tion, Department of Veterans Affairs, trans- Senate on January 26, 2012; to the Committee Program Analyst, Federal Aviation Adminis- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. tration, Department of Transportation, entitled ‘‘Dental Conditions’’ (RIN2900–AN28) EC–4895. A communication from the Senior transmitting, pursuant to law, the report of received in the Office of the President of the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class D and E Senate on January 30, 2012; to the Com- tration, Department of Transportation, Airspace; North Philadelphia, PA’’ mittee on Veterans’ Affairs. transmitting, pursuant to law, the report of ((RIN2120–AA66) (Docket No. FAA–2011–0625)) EC–4886. A communication from the Direc- a rule entitled ‘‘Revocation and Establish- received in the Office of the President of the tor of the Regulation Policy and Manage- ment of Compulsory Reporting Point; Alas- Senate on January 26, 2012; to the Committee ment Office, National Cemetery Administra- ka’’ ((RIN2120–AA66) (Docket No. FAA–2011– on Commerce, Science, and Transportation. tion, Department of Veterans Affairs, trans- 1238)) received in the Office of the President EC–4904. A communication from the Senior mitting, pursuant to law, the report of a rule of the Senate on January 26, 2012; to the Program Analyst, Federal Aviation Adminis- entitled ‘‘Tribal Veterans Cemetery Grants’’ Committee on Commerce, Science, and tration, Department of Transportation, (RIN2900–AN90) received in the Office of the Transportation. transmitting, pursuant to law, the report of President of the Senate on January 30, 2012; EC–4896. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; to the Committee on Veterans’ Affairs. Program Analyst, Federal Aviation Adminis- Bell Helicopter Textron Canada (Bell) Model EC–4887. A communication from the Acting tration, Department of Transportation, 407 and 427 Helicopters’’ ((RIN2120–AA64) Administrator of the Fruit and Vegetable transmitting, pursuant to law, the report of (Docket No. FAA–2011–1035)) received in the Programs, Agricultural Marketing Service, a rule entitled ‘‘Amendment of VOR Federal Office of the President of the Senate on Jan- Department of Agriculture, transmitting, Airways V-320 and V-440; Alaska’’ ((RIN2120– uary 26, 2012; to the Committee on Com- pursuant to law, the report of a rule entitled AA66) (Docket No. FAA–2011–1014)) received merce, Science, and Transportation. ‘‘Irish Potatoes Grown in Colorado; Modi- in the Office of the President of the Senate fication of the Handling Regulation for Area on January 26, 2012; to the Committee on f No. 3’’ (Docket No. AMS–FV–11–0051; FV11– Commerce, Science, and Transportation. EXECUTIVE REPORTS OF 948–1 FR) received in the Office of the Presi- EC–4897. A communication from the Senior COMMITTEE dent of the Senate on January 26, 2012; to the Program Analyst, Federal Aviation Adminis- Committee on Agriculture, Nutrition, and tration, Department of Transportation, The following executive reports of Forestry. transmitting, pursuant to law, the report of nominations were submitted: EC–4888. A communication from the Ad- a rule entitled ‘‘Amendment to and Estab- By Mr. LEAHY for the Committee on the ministrator, Rural Utilities Service, Depart- lishment of Restricted Areas; Warren Grove, Judiciary. ment of Agriculture, transmitting, pursuant NJ’’ ((RIN2120–AA66) (Docket No. FAA–2011– Paul J. Watford, of California, to be United to law, the report of a rule entitled ‘‘Electric 0104)) received in the Office of the President States Circuit Judge for the Ninth Circuit.

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Anuj Chang Desai, of Wisconsin, to be a American families and the Federal and State S. 1925 Member of the Foreign Claims Settlement governments money, and to help family At the request of Mr. LEAHY, the Commission of the United States for the caregivers; to the Committee on Health, name of the Senator from New Jersey term expiring September 30, 2011. Education, Labor, and Pensions. (Mr. MENENDEZ) was added as a cospon- Anuj Chang Desai, of Wisconsin, to be a f Member of the Foreign Claims Settlement sor of S. 1925, a bill to reauthorize the Commission of the United States for the SUBMISSION OF CONCURRENT AND Violence Against Women Act of 1994. term expiring September 30, 2014. SENATE RESOLUTIONS S. 1982 Dennis J. Erby, of Mississippi, to be United At the request of Mr. CASEY, the States Marshal for the Northern District of The following concurrent resolutions name of the Senator from Connecticut Mississippi for the term of four years. and Senate resolutions were read, and (Mr. BLUMENTHAL) was added as a co- (Nominations without an asterisk referred (or acted upon), as indicated: sponsor of S. 1982, a bill to amend the were reported with the recommenda- By Ms. LANDRIEU (for herself, Mr. Older Americans Act of 1965 to develop tion that they be confirmed.) MCCAIN, and Mr. KERRY): and test an expanded and advanced role S. Res. 367. A resolution designating Janu- for direct care workers who provide f ary 2012 as ‘‘National Mentoring Month’’; long-term services and supports to INTRODUCTION OF BILLS AND considered and agreed to. older individuals in efforts to coordi- JOINT RESOLUTIONS f nate care and improve the efficiency of The following bills and joint resolu- ADDITIONAL COSPONSORS service delivery. tions were introduced, read the first AMENDMENT NO. 1471 S. 33 and second times by unanimous con- At the request of Mr. HOEVEN, his sent, and referred as indicated: At the request of Mr. LIEBERMAN, the name of the Senator from New Jersey name was added as a cosponsor of By Mr. PAUL (for himself, Mr. DEMINT, amendment No. 1471 proposed to S. Mr. LEE, Mr. RISCH, and Mr. COBURN): (Mr. MENENDEZ) was added as a cospon- sor of S. 33, a bill to designate a por- 2038, an original bill to prohibit Mem- S. 2062. A bill to amend the Lacey Act bers of Congress and employees of Con- Amendments of 1981 to repeal certain provi- tion of the Arctic National Wildlife sions relating to criminal penalties and vio- Refuge as wilderness. gress from using nonpublic information derived from their official positions for lations of foreign laws, and for other pur- S. 414 poses; to the Committee on Environment and personal benefit, and for other pur- Public Works. At the request of Mr. DURBIN, the poses. By Mr. WEBB: name of the Senator from Connecticut At the request of Mr. MCCAIN, the S. 2063. A bill to prohibit the transfer of (Mr. BLUMENTHAL) was added as a co- name of the Senator from Rhode Island technology developed using funding provided sponsor of S. 414, a bill to protect girls (Mr. WHITEHOUSE) was added as a co- by the United States Government to entities in developing countries through the sponsor of amendment No. 1471 pro- of certain countries, and for other purposes; prevention of child marriage, and for posed to S. 2038, supra. to the Committee on Commerce, Science, other purposes. and Transportation. AMENDMENT NO. 1473 By Mr. DEMINT (for himself and Mr. S. 1023 At the request of Mr. COBURN, the LEE): At the request of Mr. DURBIN, the names of the Senator from South Caro- S. 2064. A bill to amend the Internal Rev- names of the Senator from Rhode Is- lina (Mr. GRAHAM) and the Senator enue Code of 1986 to terminate certain en- land (Mr. WHITEHOUSE) and the Senator from Wyoming (Mr. ENZI) were added ergy tax subsidies and lower the corporate from Florida (Mr. NELSON) were added as cosponsors of amendment No. 1473 income tax rate; read the first time. as cosponsors of S. 1023, a bill to au- proposed to S. 2038, an original bill to By Mr. KYL (for himself, Mr. MCCAIN, thorize the President to provide assist- Mr. CORNYN, Mr. GRAHAM, Mr. RUBIO, prohibit Members of Congress and em- Ms. AYOTTE, and Mr. THUNE): ance to the Government of Haiti to end ployees of Congress from using non- S. 2065. A bill to amend the Balanced Budg- within 5 years the deforestation in public information derived from their et and Emergency Deficit Control Act of 1985 Haiti and restore within 30 years the official positions for personal benefit, to modify the discretionary spending limits extent of tropical forest cover in exist- and for other purposes. to take into account savings resulting from ence in Haiti in 1990, and for other pur- AMENDMENT NO. 1474 the reduction in the number of Federal em- poses. At the request of Mr. COBURN, the ployees and extending the pay freeze for Fed- eral employees; to the Committee on the S. 1269 name of the Senator from South Caro- Budget. At the request of Ms. SNOWE, the lina (Mr. GRAHAM) was added as a co- By Ms. MURKOWSKI (for herself and names of the Senator from California sponsor of amendment No. 1474 pro- Mr. MANCHIN): (Mrs. BOXER) and the Senator from posed to S. 2038, an original bill to pro- S. 2066. A bill to recognize the heritage of Vermont (Mr. SANDERS) were added as hibit Members of Congress and employ- recreational fishing, hunting, and shooting cosponsors of S. 1269, a bill to amend ees of Congress from using nonpublic on Federal public land and ensure continued the Elementary and Secondary Edu- information derived from their official opportunities for those activities; to the positions for personal benefit, and for Committee on Energy and Natural Re- cation Act of 1965 to require the Sec- sources. retary of Education to collect informa- other purposes. By Mr. CASEY (for himself and Mr. tion from coeducational secondary f MCCAIN): schools on such schools’ athletic pro- STATEMENTS ON INTRODUCED S. 2067. A bill to amend the Federal Food, grams, and for other purposes. Drug, and Cosmetic Act with respect to med- BILLS AND JOINT RESOLUTIONS S. 1421 ical device regulation, and for other pur- By Mr. KYL (for himself, Mr. At the request of Mr. PORTMAN, the poses; to the Committee on Health, Edu- MCCAIN, Mr. CORNYN, Mr. GRAHAM, Mr. name of the Senator from California cation, Labor, and Pensions. RUBIO, Ms. AYOTTE, and Mr. THUNE): By Ms. LANDRIEU (for herself, Mr. (Mrs. FEINSTEIN) was added as a co- S. 2065. A bill to amend the Balanced ISAKSON, Mr. NELSON of Nebraska, sponsor of S. 1421, a bill to authorize Budget and Emergency Deficit Control and Ms. MURKOWSKI): the Peace Corps Commemorative Foun- S. 2068. A bill to amend title XXVII of the Act of 1985 to modify the discretionary dation to establish a commemorative spending limits to take into account Public Health Service Act to preserve con- work in the District of Columbia and sumer and employer access to licensed inde- savings resulting from the reduction in pendent insurance producers; to the Com- its environs, and for other purposes. the number of Federal employees and mittee on Health, Education, Labor, and S. 1884 extending the pay freeze for Federal Pensions. At the request of Mr. DURBIN, the employees; to the Committee on the By Ms. MIKULSKI (for herself, Mr. name of the Senator from Mississippi Budget. KERRY, Ms. COLLINS, Mr. (Mr. COCHRAN) was added as a cospon- Mr. KYL. Mr. President, I ask unani- BLUMENTHAL, and Mr. WARNER): sor of S. 1884, a bill to provide States S. 2069. A bill to amend the Public Health mous consent that the text of the bill Service Act to speed American innovation in with incentives to require elementary be printed in the RECORD. research and drug development for the lead- schools and secondary schools to main- There being no objection, the text of ing causes of death that are the most costly tain, and permit school personnel to the bill was ordered to be printed in chronic conditions for our Nation, to save administer, epinephrine at schools. the RECORD as follows:

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.042 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S324 CONGRESSIONAL RECORD — SENATE February 2, 2012 S. 2065 ‘‘(ii) for the revised nonsecurity category, Representatives MARKEY and SMITH Be it enacted by the Senate and House of Rep- $500,000,000,000 in budget authority. and community organizations and lead- resentatives of the United States of America in ‘‘(C) For fiscal year 2015— ers such as George and Trish Congress assembled, ‘‘(i) for the revised security category, Vradenburg’s U.S. Against Alzheimer’s. $560,000,000,000 in budget authority; and SECTION 1. SHORT TITLE. This legislation will help us sprint to This Act may be cited as the ‘‘Down Pay- ‘‘(ii) for the revised nonsecurity category, ment to Protect National Security Act of $510,000,000,000 in budget authority. the finish line by getting innovative 2012’’. ‘‘(D) For fiscal year 2016— therapies from bench to bedside more SEC. 2. REDUCTION IN THE NUMBER OF FED- ‘‘(i) for the revised security category, quickly for chronic diseases like Alz- ERAL EMPLOYEES. $571,000,000,000 in budget authority; and heimer’s. It spurs innovation in ad- (a) DEFINITION.—In this section, the term ‘‘(ii) for the revised nonsecurity category, vanced research and drug, device, and ‘‘agency’’ has the meaning given the term $520,000,000,000 in budget authority. diagnostics development for chronic ‘‘Executive agency’’ under section 105 of title ‘‘(E) For fiscal year 2017— health conditions that are leading 5, United States Code. ‘‘(i) for the revised security category, (b) DETERMINATION OF NUMBER OF EMPLOY- $584,000,000,000 in budget authority; and causes of death as well as the most EES.—Not later than 60 days after the date of ‘‘(ii) for the revised nonsecurity category, costly to taxpayers and families. enactment of this Act, the Director of the $531,000,000,000 in budget authority. The act puts the focus where it needs Office of Management and Budget shall de- ‘‘(F) For fiscal year 2018— to be. It tackles the health problems termine the number of full-time employees ‘‘(i) for the revised security category, we are challenged with today and will employed in each agency. The head of each $598,000,000,000 in budget authority; and be faced with in the future if there is agency shall cooperate with the Director of ‘‘(ii) for the revised nonsecurity category, inaction. We must conquer these com- the Office of Management and Budget in $543,000,000,000 in budget authority. plex health conditions and plug the making the determinations. ‘‘(G) For fiscal year 2019— drain that draws money from our na- (c) REPLACEMENT HIRE RATE.— ‘‘(i) for the revised security category, (1) IN GENERAL.—During the period de- $610,000,000,000 in budget authority; and tion’s economy and patients, families, scribed under paragraph (2), the head of each ‘‘(ii) for the revised nonsecurity category, and taxpayers checkbooks. agency may hire no more than 2 employees $556,000,000,000 in budget authority. It is been over 10 years since a new in that agency for every 3 employees who ‘‘(H) For fiscal year 2020— Alzheimer’s drug entered the U.S. mar- leave employment in that agency. ‘‘(i) for the revised security category, ket. Eleven industry sponsored clinical (2) PERIOD OF REPLACEMENT HIRE RATE.— $624,000,000,000 in budget authority; and trials have failed in recent years. It Paragraph (1) shall apply to each agency dur- ‘‘(ii) for the revised nonsecurity category, takes 10 to 15 years to develop a drug ing the period beginning 60 days after the $568,000,000,000 in budget authority. and get the FDA gold seal of approval. date of enactment of this Act through the ‘‘(I) For fiscal year 2021— date on which the Director of the Office of ‘‘(i) for the revised security category, Each drug that successfully enters the Management and Budget makes a determina- $638,000,000,000 in budget authority; and market, costs over $1 billion to de- tion that the number of full-time employees ‘‘(ii) for the revised nonsecurity category, velop. This is because of the high fail- employed in that agency is 5 percent less $579,000,000,000 in budget authority.’’. ure rates in the ‘‘Valley of Death.’’ than the number of full-time employees em- SEC. 5. CALCULATION OF TOTAL DEFICIT REDUC- Currently, 5 million Americans have ployed in that agency determined under sub- TION. Alzheimer’s and 15 million Americans section (a). Section 251A of the Balanced Budget and are caring for a loved one with Alz- (d) WAIVERS.—This section may be waived Emergency Deficit Control Act of 1985 (2 heimer’s. There are no drugs on the upon a determination by the President U.S.C. 901a) is amended— that— (1) in paragraph (3)— market today to delay-onset, prevent, (1) the existence of a state of war or other (A) in subparagraph (A), by striking or cure Alzheimer’s. Medicare spending national security concern so requires; or ‘‘$1,200,000,000,000’’ and inserting for Alzheimer’s patients is 3 times (2) the existence of an extraordinary emer- ‘‘$1,073,000,000,000’’; and higher than Medicare patients without gency threatening life, health, public safety, (B) in subparagraph (D), by striking ‘‘by 9’’ Alzheimer’s. Medicaid spending for Alz- property, or the environment so requires. and inserting ‘‘by 8’’; heimer’s patients age 65 and older is 9 SEC. 3. EXTENSION OF PAY FREEZE FOR FED- (2) in paragraph (4), by striking ‘‘On Janu- times higher. This is unsustainable. ERAL EMPLOYEES. ary 2, 2013, for fiscal year 2013, and in’’ and Families are left bewildered, bereft, (a) IN GENERAL.—Section 147 of the Con- inserting ‘‘In’’; tinuing Appropriations Act, 2011 (Public Law (3) in paragraphs (5) and (6), by striking and broke. 111–242; 5 U.S.C. 5303 note) is amended— ‘‘2013’’ each place it appears and inserting I know what this is like. My own dear (1) in subsection (b)(1), by striking ‘‘De- ‘‘2014’’; and father was one of the 5 million Ameri- cember 31, 2012’’ and inserting ‘‘June 30, (4) in paragraph (7)— cans with Alzheimer’s. I remember 2014’’; and (A) by striking ‘‘REDUCTIONS.—’’ and all when I would go to visit him. It didn’t (2) in subsection (c), by striking ‘‘Decem- that follows through ‘‘FISCAL YEARS 2014- matter that I was a United States Sen- ber 31, 2012’’ and inserting ‘‘June 30, 2014’’. 2021.—On the date’’ and inserting ‘‘REDUC- ator or the Senator who represents the (b) CLARIFICATION THAT FREEZE APPLIES TO TIONS.—On the date’’; and MEMBERS OF CONGRESS.—Notwithstanding National Institutes of Health. It didn’t (B) by redesignating clauses (i) and (ii) as matter that I could get Nobel Prize any other provision of law, no adjustment subparagraphs (A) and (B), respectively, and shall be made under section 601(a) of the Leg- adjusting the margin accordingly. winners on the phone. The information islative Reorganization Act of 1946 (2 U.S.C. that would have made his life easier 31) (relating to cost of living adjustments for By Ms. MIKULSKI (for herself, just wasn’t there. My family and I Members of Congress) during the period be- Mr. KERRY, Ms. COLLINS, Mr. knew about the long goodbye. We lived ginning on the first day of the first pay pe- BLUMENTHAL, and Mr. WARNER): the 36-hour day. It was devastating for riod beginning on or after February 1, 2013 him, heart-breaking to my mother, and and ending on June 30, 2014. S. 2069. A bill to amend the Public heart-wrenching for my sisters and me. SEC. 4. REDUCTION OF REVISED DISCRETIONARY Health Service Act to speed American SPENDING LIMITS TO ACHIEVE SAV- innovation in research and drug devel- What was difficult was not only the INGS FROM FEDERAL EMPLOYEE opment for the leading causes of death disease but that we also felt powerless. PROVISIONS. that are the most costly chronic condi- All we could do was make my father Paragraph (2) of section 251A of the Bal- tions for our Nation, to save American comfortable. There was no cure. There anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended to read families and the Federal and State gov- was no safety net for our family. as follows: ernments money, and to help family I vowed to do everything I could. Not ‘‘(2) REVISED DISCRETIONARY SPENDING LIM- caregivers; to the Committee on just to support research and develop- ITS.—The discretionary spending limits for Health, Education, Labor, and Pen- ment in Alzheimer’s but also to create fiscal years 2013 through 2021 under section sions. a safety net for families. I know it is 251(c) shall be replaced with the following: Ms. MIKULSKI. Mr. President, I am gut-wrenching to wonder how you’ll be ‘‘(A) For fiscal year 2013— proud to introduce the Spending Re- able to care for a parent. I have always ‘‘(i) for the revised security category, ductions Through Innovations in believed Honor thy mother and father’ $546,000,000,000 in budget authority; and Therapies Agenda Act with my good is a good commandment to live by and ‘‘(ii) for the revised nonsecurity category, $501,000,000,000 in budget authority. friends and colleagues, Senators COL- a good policy to govern by. We need in- ‘‘(B) For fiscal year 2014— LINS, KERRY, BLUMENTHAL, and WAR- novative strategies like the SPRINT ‘‘(i) for the revised security category, NER. This is a bi-partisan and bi-cam- program to make sure your brain span $551,000,000,000 in budget authority; and eral bill that I have worked on with lasts your life span.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.036 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S325 SPRINT speeds the development of ing with Alzheimer’s. We are working for Alzheimer’s and other high-cost drugs and therapies to combat the together because a Congress that chronic conditions. most deadly and costly chronic dis- works together works the best. We will Funding provided under the bill will eases. It compresses the product devel- get this done. Some people want to go be targeted to chronic conditions des- opment timeline and increases the vol- to Mars but I want to be in the United ignated by the Centers for Disease Con- ume of drugs in the development pipe- States of America when they say ‘‘we trol and Prevention as being among the line so that priority is given to the found a cure for Alzheimer’s.’’ top 10 causes of death and focused on most promising drugs. This bill expe- Ms. COLLINS. Mr. President, today I those that account for high current dites the Food and Drug Administra- wish to, with my colleague from Mary- and projected costs to Federal health tion review process. It helps get more land, introduce the Spending Reduc- programs; reduce a victim’s ability to drugs out of the labs and into patient’s tions through Innovations in Therapies carry out activities of daily living; hands more quickly. agenda, or SPRINT, Act, a bipartisan, have a death rate that has increased This act establishes a new program— bicameral bill to accelerate the devel- and is projected to increase signifi- the SPRINT Program. SPRINT will de- opment of treatments and therapies for cantly in future years; and lack exist- velop new therapies to reduce federal high-cost diseases such as Alzheimer’s, ing therapies to prevent, control, or health care spending on chronic health diabetes, cancer, and heart disease. cure the condition or delay cognitive conditions like Alzheimer’s, diabetes, Alzheimer’s and other chronic condi- decline. heart disease and cancer that are the tions take a tremendous personal and Each Federal dollar awarded under leading causes of death identified by economic toll on millions of Americans the program must be matched by at least $2 in private funding, and the Sec- the Centers for Disease Control and and their families. Moreover, in addi- retary may modify or terminate fund- Prevention. In fact, some researchers tion to the human suffering they cause, ing for projects that fail to meet mile- are already working hard to see if dia- they pose significant challenges to the stones. Finally, the legislation will ex- betes or heart diseases are associated fiscal health of our Nation. pedite review by the Food and Drug with Alzheimer’s. I have seen first- Alzheimer’s disease alone costs the Administration of the therapies devel- hand that many Alzheimer’s patients United States $183 billion a year, a fig- oped through the program so they can have multiple chronic conditions. ure that will only increase exponen- be delivered to patients as quickly as SPRINT directs the Secretary of tially as the baby-boom generation possible. Health and Human Services to work ages. If nothing is done to slow or stop Chronic diseases such as Alzheimer’s, the disease, Alzheimer’s will cost the collaboratively with non-profit inves- heart disease, diabetes, and cancer United States $20 trillion over the next tors to identify public and private or- cause great suffering and financial ganizations with expertise in devel- 40 years. hardship for millions of Americans and At a time of mounting deficits, the oping therapies for these conditions their families. Given their increasing increasing incidence of diseases such as like a biotech company or an academic prevalence as our population ages, they diabetes and Alzheimer’s also has dire health center such as University of also threaten to bankrupt critically implications for our Federal budget. Maryland or Johns Hopkins. Prize pay- important programs like Medicare and For example, it is estimated that ments, contracts, grants, or coopera- Medicaid. tive agreements will be awarded to ac- spending on diabetes accounts for one The SPRINT Act will leverage a rel- celerate development of therapies that out of three Medicare dollars. The av- atively small Federal investment to have potential to prevent or diagnose, erage annual Medicare payment for an speed the development of therapies delay onset or cure, and aid recovery or individual with Alzheimer’s is three that have the potential to prevent, improve health outcomes for Alz- times higher than for those without delay, cure, and improve outcomes for heimer’s disease and other high-cost the condition. For Medicaid, average these terrible diseases. It also offers us conditions. payments for someone with Alz- an opportunity to control the costs as- This bill is built on a public-private heimer’s are nine times higher. sociated with these devastating condi- partnership. We will make a $50 million The Federal Government is currently tions. I urge my colleagues to join us Federal investment and leverage pri- spending hundreds of billions of dollars in cosponsoring this important legisla- vate capital by raising $2 in private in- a year caring for patients suffering tion. I ask unanimous consent that a vestment for every Federal dollar to from Alzheimer’s disease, diabetes, letter from the Alzheimer’s Associa- combat this problem together. For this cancer, heart disease, and other condi- tion endorsing our legislation be print- small investment we will get huge re- tions. This pricetag will only increase ed in the RECORD. turns in lives saved and new cures. By as our population ages. Left un- There being no objection, the mate- making a small investment today we checked, these devastating diseases rial was ordered to be printed in the will save billions in future health care threaten not only to destroy our Na- RECORD, as follows: spending and long-term care costs. Alz- tion’s health, but also to bankrupt our ALZHEIMER’S ASSOCIATION, heimer’s Association estimates that finances. PUBLIC POLICY OFFICE, Alzheimer’s alone costs our federal The SPRINT Act, which we are intro- Washington, DC, January 31, 2012. health programs, Medicare and Med- ducing today, is intended to speed the Hon. SUSAN COLLINS, icaid, over $183 billion annually. development of therapies to signifi- U.S. Senate, SPRINT is a job creator. Manufactur- cantly modify, cure, or prevent these Washington, DC. ers in Maryland and other states are on high-cost, chronic conditions. Among DEAR SENATOR COLLINS: On behalf of the Alzheimer’s Association, thank you for your the frontier of discovering new drugs other provisions, the bill authorizes $50 leadership on issues important to Americans and biologics. By helping patients find million for a public-private SPRINT with Alzheimer’s disease and their care- new treatments we can also make tar- program and fund within the Depart- givers. As the co-chair of the Congressional geted investments in our innovation ment of Health and Human Services to Alzheimer’s Task Force you are well-aware economy. Biotech companies are an support advanced research into prom- of the national and global epidemic that is economic engine in Maryland’s econ- ising therapies that are most likely to Alzheimer’s disease. This devastating disease omy. SPRINT helps America remain improve health outcomes and reduce is the ultimate thief—a thief of memories, thief of independence, thief of control, thief number one in biomedical innovation health care costs. of time and ultimately, a thief of life. The and job creation. Modeled after the successful Defense Alzheimer’s Association is pleased to support I have a saying, ‘‘each of us can make Advance Research Project Agency, your bill, the Spending Reductions through a difference and together we can make DARPA, the SPRINT program and fund Innovations in Therapies Agenda Act of 2012 change’’. I will keep fighting for a cure will complement the basic research (SPRINT Act), which would create a novel for Alzheimer’s. I will keep fighting to done by the National Institutes of mechanism to target research investments support our innovative industries in Health. It will work through public-pri- that development of new treatments and re- their quest for new therapies and treat- vate partnerships to provide modest re- duce overall spending by Federal health care programs for high-cost chronic conditions, ments that will help patients globally sources to research institutions and including Alzheimer’s disease. and create jobs domestically. And I other innovators conducting advanced The Alzheimer’s Association is the world’s will keep fighting to help families liv- research into therapies and treatments leading voluntary health organization in

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.038 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S326 CONGRESSIONAL RECORD — SENATE February 2, 2012 Alzheimer’s care, support and research. Our able vigor, creativity, and resourcefulness of ‘‘(1) A Member of Congress. mission is to eliminate Alzheimer’s disease the thousands of mentoring programs in ‘‘(2) An officer or employee of Congress re- and other dementias through the advance- communities throughout the United States; quired to file a report under this section. ment of research, to provide and enhance Whereas, in spite of the progress made in ‘‘(3) The President. care and support for all affected; and to re- increasing mentoring, the United States has ‘‘(4) The Vice President. duce the risk of dementia through the pro- a serious ‘‘mentoring gap’’, with nearly ‘‘(5) Each employee appointed to a position motion of brain health. Our vision is a world 15,000,000 young people in need of mentors; in the executive branch, the appointment to without Alzheimer’s. Whereas mentoring partnerships between which requires advice and consent of the In 2011, the cost of caring for those with the public and private sectors bring State Senate, except for— Alzheimer’s to American society will total and local leaders together to support men- ‘‘(A) an individual appointed to a posi- an estimated $183 billion, according to Alz- toring programs by preventing duplication of tion— heimer’s Association’s 2011 Alzheimer’s Dis- efforts, offering training in industry best ‘‘(i) as a Foreign Service Officer below the ease Facts and Figures report. This is an $11 practices, and making the most of limited rank of ambassador; or billion increase over last year—a rate of in- resources to benefit young people in the ‘‘(ii) in the uniformed services for which crease more than four times inflation. Ac- United States; the pay grade prescribed by section 201 of cording to the Alzheimer’s Association re- Whereas the designation of January 2012 as title 37, United States Code is O-6 or below; port, Changing the Trajectory of Alzheimer’s ‘‘National Mentoring Month’’ will help call or Disease: A National Imperative, unless a attention to the critical role mentors play in ‘‘(B) a special government employee, as de- treatment is found that can prevent cure, or helping young people realize their potential; fined under section 202 of title 18, United even slow the progression, by 2050, as many Whereas a month-long celebration of men- States Code. as 16 million Americans will have Alz- toring will encourage more individuals and ‘‘(6) Any employee in a position in the ex- heimer’s disease and the cost of care will organizations, including schools, businesses, ecutive branch who is a noncareer appointee surpass $1 trillion annually (in today’s dol- nonprofit organizations, faith institutions, in the Senior Executive Service (as defined lars). This will create an enormous strain on and foundations, to become engaged in men- under section 3132(a)(7) of title 5, United the health care system, families and the fed- toring across the United States; and States Code) or a similar personnel system eral budget. Whereas, most significantly, National for senior employees in the executive The SPRINT Act aims to speed American Mentoring Month— branch, such as the Senior Foreign Service, innovation in research and drug development (1) will build awareness of mentoring; and except that the Director of the Office of Gov- for the leading causes of death that are the (2) will encourage more people to become ernment Ethics may, by regulation, exclude most costly chronic conditions for our Na- mentors and help close the mentoring gap in from the application of this paragraph any tion, which includes Alzheimer’s disease. The the United States: Now, therefore, be it individual, or group of individuals, who are legislation highlights the growing need for Resolved, That the Senate— in such positions, but only in cases in which research and the importance of finding inno- (1) designates the month of January 2012 as the Director determines such exclusion vative ways to find a cure for Alzheimer’s on ‘‘National Mentoring Month’’; would not affect adversely the integrity of behalf of the estimated 5.4 million Ameri- (2) recognizes with gratitude the contribu- the Government or the public’s confidence in cans currently living with the disease. tions of the millions of caring adults and the integrity of the Government. The Alzheimer’s Association appreciates students who are already volunteering as ‘‘(7) The Director of the Office of Govern- your continued leadership on Alzheimer’s mentors; and ment Ethics. disease. If you have any questions, please (3) encourages more adults and students to ‘‘(8) Any civilian employee, not described contact Rachel Conant, Director of Federal volunteer as mentors. in paragraph (5), employed in the Executive Affairs, at [email protected] or 202–638– Office of the President (other than a special f 7121. government employee) who holds a commis- Sincerely, AMENDMENTS SUBMITTED AND sion of appointment from the President.’’. ROBERT EGGE, PROPOSED At the end insert the following: Vice President, Public Policy. SEC. ll. EXECUTIVE BRANCH REPORTING. f SA 1511. Mrs. GILLIBRAND (for Mr. LIE- Not later than 2 years after the date of en- BERMAN) proposed an amendment to amend- SUBMITTED RESOLUTIONS actment of this Act, the President shall— ment SA 1470 proposed by Mr. REID (for him- (1) ensure that financial disclosure forms self, Mr. BROWN of Massachusetts, Mr. LIE- filed by officers and employees referred to in BERMAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. SENATE RESOLUTION 367—DESIG- section 101(j) of the Ethics in Government LEVIN, and Mr. FRANKEN) to the bill S. 2038, Act of 1978 (5 U.S.C. App.) are made available NATING JANUARY 2012 AS ‘‘NA- to prohibit Members of Congress and employ- to the public as required by section 8(a) on TIONAL MENTORING MONTH’’ ees of Congress from using nonpublic infor- appropriate official websites of agencies of mation derived from their official positions Ms. LANDRIEU (for herself, Mr. the executive branch; and for personal benefit, and for other purposes. (2) develop systems to enable electronic fil- MCCAIN, and Mr. KERRY) submitted the SA 1512. Mr. JOHNSON of Wisconsin sub- following resolution; which was consid- ing and public access, as required by section mitted an amendment intended to be pro- 8(b), to the financial disclosure forms of such ered and agreed to: posed by him to the bill S. 1789, to improve, individuals. S. RES. 367 sustain, and transform the United States Whereas mentoring is a longstanding tradi- Postal Service; which was ordered to lie on SA 1512. Mr. JOHNSON of Wisconsin tion in which a dependable, caring adult pro- the table. submitted an amendment intended to vides guidance, support, and encouragement f be proposed by him to the bill S. 1789, to facilitate the social, emotional, and cog- TEXT OF AMENDMENTS to improve, sustain, and transform the nitive development of a young person; United States Postal Service; which Whereas continued research on mentoring SA 1511. Mrs. GILLIBRAND (for Mr. shows that formal, high-quality mentoring was ordered to lie on the table; as fol- LIEBERMAN) proposed an amendment to focused on developing the competence and lows: character of the mentee promotes positive amendment SA 1470 proposed by Mr. On page 113, line 11, strike ‘‘service before’’ outcomes, such as improved academic REID (for himself, Mr. BROWN of Massa- and all that follows through line 20 and in- achievement, self-esteem, social skills, and chusetts, Mr. LIEBERMAN, Ms. COLLINS, sert the following: ‘‘service before October 1, career development; Mrs. GILLIBRAND, Mr. LEVIN, and Mr. 2014, voluntary separation incentive pay- Whereas further research on mentoring FRANKEN) to the bill S. 2038, to prohibit ments (including payments to employees provides strong evidence that mentoring suc- Members of Congress and employees of who retire under section 8336(d)(2) or cessfully reduces substance use and abuse, Congress from using nonpublic infor- 8414(b)(1)(B) before October 1, 2014) that may academic failure, and delinquency; mation derived from their official posi- not exceed the maximum amount provided Whereas mentoring, in addition to pre- under section 3523(b)(3)(B) for any em- paring young people for school, work, and tions for personal benefit, and for other ployee.’’. life, is extremely rewarding for the people purposes; as follows: On page 114, strike line 10 and all that fol- who serve as mentors; On page 7, strike lines 6 through 9, insert lows through page 116, line 10. Whereas more than 5,000 mentoring pro- the following: On page 116, line 11, strike ‘‘103’’ and insert grams in communities of all sizes across the ‘‘(j) Not later than 30 days after any trans- ‘‘102’’. United States focus on building strong, effec- action required to be reported under section On page 117, line 16, strike ‘‘104’’ and insert tive relationships between mentors and 102(a)(5)(B), the following persons, if required ‘‘103’’. mentees; to file a report under any other subsection of On page 117, line 17, strike ‘‘104’’ and insert Whereas approximately 3,000,000 young this section subject to any waivers and ex- ‘‘103’’. people in the United States are in formal clusions, shall file a report of the trans- On page 121, line 4, strike ‘‘105’’ and insert mentoring relationships due to the remark- action: ‘‘104’’.

VerDate Mar 15 2010 05:10 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.046 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S327 On page 140, lines 19 and 20, strike ‘‘sec- Senate, the Committee on Environ- mentoring relationships due to the remark- tions 101, 102, 103, 205, and 209 of this Act’’ ment and Public Works be authorized able vigor, creativity, and resourcefulness of and insert ‘‘sections 101, 102, 205, and 209 of to report legislation tomorrow, Feb- the thousands of mentoring programs in this Act’’. ruary 3, from 12 noon to 2 p.m. communities throughout the United States; f Whereas, in spite of the progress made in The PRESIDING OFFICER. Without increasing mentoring, the United States has AUTHORITY FOR COMMITTEES TO objection, it is so ordered. a serious ‘‘mentoring gap’’, with nearly MEET f 15,000,000 young people in need of mentors; Whereas mentoring partnerships between COMMITTEE ON BANKING, HOUSING, AND URBAN UNANIMOUS CONSENT the public and private sectors bring State AFFAIRS AGREEMENT—H.R. 658 and local leaders together to support men- Mr. LIEBERMAN. Mr. President, I Mr. REID. Madam President, I now toring programs by preventing duplication of ask unanimous consent that the Com- ask unanimous consent that at 3 p.m., efforts, offering training in industry best mittee on Banking, Housing, and practices, and making the most of limited Monday, February 6, the Chair lay be- resources to benefit young people in the Urban Affairs be authorized to meet fore the body the conference report to during the session of the Senate, on United States; accompany H.R. 658, the FAA Reau- Whereas the designation of January 2012 as February 2, 2012, at 10 a.m. thorization Reform Act; that there be ‘‘National Mentoring Month’’ will help call The PRESIDING OFFICER. Without up to 21⁄2 hours of debate on the con- attention to the critical role mentors play in objection, it is so ordered. ference report, equally divided between helping young people realize their potential; COMMITTEE ON ENERGY AND NATURAL the conferees or their designees, prior Whereas a month-long celebration of men- RESOURCES to the vote on adoption of the con- toring will encourage more individuals and organizations, including schools, businesses, Mr. LIEBERMAN. Mr. President, I ference report; that the vote on adop- ask unanimous consent that the Com- nonprofit organizations, faith institutions, tion be subject to a 60-vote threshold. and foundations, to become engaged in men- mittee on Energy and Natural Re- The PRESIDING OFFICER. Without toring across the United States; and sources be authorized to meet during objection, it is so ordered. Whereas, most significantly, National the session of the Senate on February f Mentoring Month— 2, 2012, at 9:30 a.m., in room 366 of the (1) will build awareness of mentoring; Dirksen Senate Office Building. NATIONAL MENTORING MONTH and The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent (2) will encourage more people to become objection, it is so ordered. mentors and help close the mentoring gap in we now proceed to S. Res. 367. the United States: Now, therefore, be it COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. The Resolved, That the Senate— AND PENSIONS clerk will report the resolution by (1) designates the month of January 2012 as Mr. LIEBERMAN. Mr. President, I title. ‘‘National Mentoring Month’’; ask unanimous consent that the Com- The assistant legislative clerk read (2) recognizes with gratitude the contribu- mittee on Health, Education, Labor, as follows: tions of the millions of caring adults and students who are already volunteering as and Pensions be authorized to meet, A resolution (S. Res. 367) designating Janu- mentors; and during the session of the Senate to con- ary 2012 as ‘‘National Mentoring Month.’’ duct a hearing entitled ‘‘Innovations in (3) encourages more adults and students to There being no objection, the Senate volunteer as mentors. College Affordability’’ on February 2, proceeded to consider the resolution. f 2012, at 10:20 a.m., in room 430 of the Mr. REID. Madam President, I ask Dirksen Senate Office Building, to con- unanimous consent that the resolution MEASURE READ THE FIRST duct an executive business meeting. be agreed to, the preamble be agreed TIME—S. 2064 The PRESIDING OFFICER. Without to, the motions to reconsider be laid on objection, it is so ordered. Mr. REID. I now ask that we have the the table, with no intervening action first reading of a bill which is at the COMMITTEE ON INDIAN AFFAIRS or debate, and any statements be print- desk. Mr. LIEBERMAN. Mr. President, I ed in the RECORD. The PRESIDING OFFICER. The ask unanimous consent that the Com- The PRESIDING OFFICER. Without clerk will read the bill by title for the mittee on Indian Affairs be authorized objection, it is so ordered. first time. to meet during the session of the Sen- The resolution (S. Res. 367) was The assistant legislative clerk read ate, on February 2, 2012, at 2:15 p.m. in agreed to. as follows: room 628 of the Dirksen Senate Office The preamble was agreed to. A bill (S. 2064) to amend the Internal Rev- Building. The resolution, with its preamble, enue Code of 1986 to terminate certain en- The PRESIDING OFFICER. Without reads as follows: ergy tax subsidies and lower the corporate objection, it is so ordered. S. RES. 367 income tax rate. COMMITTEE ON THE JUDICIARY Whereas mentoring is a longstanding tradi- Mr. REID. I ask for a second reading Mr. LIEBERMAN. Mr. President, I tion in which a dependable, caring adult pro- in order to place this bill on the cal- ask unanimous consent that the Com- vides guidance, support, and encouragement endar, but I object to my own request. mittee on the Judiciary be authorized to facilitate the social, emotional, and cog- The PRESIDING OFFICER. Objec- to meet during the session of the Sen- nitive development of a young person; tion is heard. The bill will be read for ate, on February 2, 2012, at 10 a.m., in Whereas continued research on mentoring shows that formal, high-quality mentoring the second time on the next legislative SD–226 of the Dirksen Senate Office focused on developing the competence and day. Building, to conduct an executive busi- character of the mentee promotes positive f ness meeting. outcomes, such as improved academic The PRESIDING OFFICER. Without achievement, self-esteem, social skills, and ORDERS FOR MONDAY, FEBRUARY objection, it is so ordered. career development; 6, 2012 SELECT COMMITTEE ON INTELLIGENCE Whereas further research on mentoring Mr. REID. Madam President, I ask provides strong evidence that mentoring suc- Mr. LIEBERMAN. Mr. President, I cessfully reduces substance use and abuse, unanimous consent that the Senate ad- ask unanimous consent that the Com- academic failure, and delinquency; journ until 2 p.m., on Monday, Feb- mittee on Intelligence be authorized to Whereas mentoring, in addition to pre- ruary 6, 2012; that following the prayer meet during the session of the Senate, paring young people for school, work, and and pledge, the Journal of proceedings on February 2, 2012, at 2:30 p.m. life, is extremely rewarding for the people be approved to date, the morning hour The PRESIDING OFFICER. Without who serve as mentors; be deemed expired, and the time for the objection, it is so ordered. Whereas more than 5,000 mentoring pro- two leaders be reserved for their use grams in communities of all sizes across the later in the day; that following any f United States focus on building strong, effec- leader remarks, the Senate be in a pe- REPORTING AUTHORITY tive relationships between mentors and mentees; riod of morning business until 3 p.m., Mr. REID. I ask unanimous consent Whereas approximately 3,000,000 young with Senators permitted to speak up to notwithstanding adjournment of the people in the United States are in formal 10 minutes each; and that following

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.050 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S328 CONGRESSIONAL RECORD — SENATE February 2, 2012 morning business, the Senate proceed NOMINATIONS SCOTT MARTIN CEREMUGA, OF VIRGINIA IAN CRAWFORD, OF OREGON to consideration of the conference re- Executive nominations received by RYAN ELIZABETH CROWLEY, OF MARYLAND port to accompany H.R. 658, the FAA CINDY MARIE DIOUF, OF IOWA the Senate: DANIEL B. DOLAN, OF PENNSYLVANIA Reauthorization Act, under the pre- THE JUDICIARY STEPHEN EKLUND DREIKORN, OF VIRGINIA vious order. AMY ELIZABETH EICHENBERG, OF PENNSYLVANIA MICHAEL P. SHEA, OF CONNECTICUT, TO BE UNITED MARTHA C. FARNSWORTH, OF CONNECTICUT The PRESIDING OFFICER. Without STATES DISTRICT JUDGE FOR THE DISTRICT OF CON- ADAM EDWIN FOX, OF IOWA objection, it is so ordered. NECTICUT, VICE CHRISTOPHER DRONEY, ELEVATED. BROCK DAVID FOX, OF VIRGINIA STEPHANIE MARIE ROSE, OF IOWA, TO BE UNITED RICHARD SAMUEL GREENE IV, OF THE DISTRICT OF CO- f STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT LUMBIA OF IOWA, VICE ROBERT W. PRATT, RETIRING. KATHERINE GROSSMAN, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF JUSTICE JOSE ANJEL GUTIERREZ, OF VIRGINIA PROGRAM BARBARA HALL, OF THE DISTRICT OF COLUMBIA Mr. REID. Madam President, I appre- LOUISE W. KELTON, OF TENNESSEE, TO BE UNITED JAMES NOEL HAMILTON, OF WASHINGTON STATES MARSHAL FOR THE MIDDLE DISTRICT OF TEN- DENISE E. HARRELL, OF VIRGINIA ciate the cooperation of Senators this NESSEE FOR THE TERM OF FOUR YEARS, VICE DENNY BRYAN J. HESS, OF VIRGINIA week. This important piece of legisla- WADE KING, TERM EXPIRED. KARI L. JAKSA, OF MICHIGAN JAMIE A. HAINSWORTH, OF RHODE ISLAND, TO BE LESLIE L. JOHNSON, OF PENNSYLVANIA tion is something the American people UNITED STATES MARSHAL FOR THE DISTRICT OF RHODE MEGAN E. JOHNSON, OF TEXAS believe is extremely important for the ISLAND FOR THE TERM OF FOUR YEARS, VICE STEVEN RISHI KAPOOR, OF VIRGINIA GERARD O’DONNELL, RESIGNED. GEOFFREY L. KEOGH, OF THE DISTRICT OF COLUMBIA Congress to not put itself above the VALERIE KNOBELSDORF, OF VIRGINIA FOREIGN SERVICE law. There was a dispute as to whether DARRIN J. KOWITZ, OF NEW MEXICO THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN ARIANA KROSHINSKY, OF NEW YORK we were above the law. After this pas- SERVICE OF THE DEPARTMENT OF COMMERCE TO BE CHANANYA KUNVATANAGARN, OF PENNSYLVANIA sage, there will be no dispute whatso- CONSULAR OFFICERS AND SECRETARIES IN THE DIPLO- MICHAEL W. LACYK, OF THE DISTRICT OF COLUMBIA MATIC SERVICE OF THE UNITED STATES OF AMERICA: THOMAS M. LARKIN, OF VIRGINIA ever. DALE HAN YOUNG LIM, OF CALIFORNIA OLGA FORD, OF VIRGINIA JOSHUA HOWARD LUSTIG, OF MARYLAND I appreciate the fact that we will now EDWARD W. KOENIG, OF FLORIDA MARK M. METTI, OF MICHIGAN JOEL REYNOSO, OF NEW YORK move to the FAA bill, which is going to SETH ADAM MILLER, OF THE DISTRICT OF COLUMBIA MARGARET SHU TEASDALE, OF VIRGINIA be completed in the form of a con- PATRICK M. MONIZ, OF HAWAII THE FOLLOWING-NAMED CAREER MEMBERS OF THE CHRISTINE C. MOXLEY, OF THE DISTRICT OF COLUMBIA ference report. It is very hard to do. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF KRISTIN J. MURRAY, OF THE DISTRICT OF COLUMBIA People worked extremely hard. Is it a COMMERCE FOR PROMOTION WITHIN AND INTO THE SEN- ALI J. NADIR, OF NEW YORK IOR FOREIGN SERVICE TO THE CLASSES INDICATED: MARK GEORGE OSWALD, OF OREGON perfect piece of legislation? No, it is CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, BRENTON T. PARKER, OF TEXAS not. But we have not had an FAA bill CLASS OF CAREER MINISTER: MEGAN MCCRORY PEILER, OF VIRGINIA since 2003. We have had 23 temporary WILLIAM M. ZARIT, OF THE DISTRICT OF COLUMBIA LEONARD THOMAS PERRY, OF SOUTH CAROLINA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, MICHELLE RAMIREZ, OF VIRGINIA extensions. During this period of time CLASS OF MINISTER-COUNSELOR: EMILY ANNE RUPPEL, OF MINNESOTA DONALD SALVAGGIO, OF VIRGINIA the FAA basically shut down because JOHN D. BREIDENSTINE, OF PENNSYLVANIA GEORGE A. SCHAAL, OF MARYLAND we could not agree on what should DALE N. TASHARSKI, OF VIRGINIA CHRISTOPHER SCHIRM, OF COLORADO GREGORY M. WONG, OF NEVADA MONICA M. SENDOR, OF MICHIGAN move forward. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SHEILA TAYLOR SHAMBER, OF FLORIDA I repeat, this bill is not perfect, but CLASS OF COUNSELOR: SANDY A. SWITZER, OF CALIFORNIA it is something that is extremely im- NASIR ABBASI, OF MARYLAND TINA K. TAKAGI, OF CALIFORNIA CYNTHIA GRIFFIN, OF CONNECTICUT MATT THOMPSON, OF WASHINGTON portant for job creation and for making EDWIN KEITH KIRKHAM, OF MAINE OLGA TUNGA, OF TEXAS our airports safer. ELLEN D. LENNY-PESSAGNO, OF KANSAS JAMES TURK, OF VIRGINIA MICHAEL J. RICHARDSON, OF FLORIDA VICTORIA VALERGA, OF TEXAS There will be a rollcall vote at 5:30 PERSIA WALKER, OF NEW YORK THE FOLLOWING-NAMED PERSONS OF THE DEPART- ANDREW J. WYLIE, OF FLORIDA p.m. on the adoption of the FAA con- MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ference report. ICE OFFICERS OF THE CLASSES STATED: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF NATIONAL OCEANIC AND ATMOSPHERIC CLASS TWO, CONSULAR OFFICER AND SECRETARY IN ADMINISTRATION f THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA. SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE FOLLOWING FOR TEMPORARY APPOINTMENT TO THE ADJOURNMENT UNTIL MONDAY, TERRY L. MURPHREE, OF TEXAS GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- FEBRUARY 6, 2012 AT 2 P.M. THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN MOSPHERIC ADMINISTRATION. SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES Mr. REID. Madam President, if there IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF To be rear admiral (lower half) is no further business to come before AMERICA: the Senate, I ask unanimous consent SOREN GRAHAM ANDERSEN, OF COLORADO GERD F. GLANG BETH M. ANDONOV, OF NEVADA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE that it adjourn under the previous JONATHAN BAAS, OF ARIZONA FOLLOWING FOR TEMPORARY APPOINTMENT TO THE order. SARAH S. BANERJEE, OF WASHINGTON GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- TYLER BEEBOUT, OF COLORADO MOSPHERIC ADMINISTRATION. There being no objection, the Senate, TIMOTHY P. BLAKENEY, OF VIRGINIA at 6:46 p.m., adjourned until Monday, SARAH SHEA CARMACK, OF VIRGINIA To be rear admiral ALICE CARUSO, OF CALIFORNIA February 6, 2012, at 2 p.m. JOYCE A. CATALANO, OF VIRGINIA MICHAEL S. DEVANY

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FISCAL RESPONSIBILITY AND RE- At home, the Kessels are known for their as the Veterans of Foreign Wars and the TIREMENT SECURITY ACT OF willingness to take on leadership roles in any AmVets. He is also a former professional bas- 2011 endeavor that advances the security of Israel ketball player, having played for the Syracuse and strengthens the bond between our two Nationals during the 1951 and 1952 seasons. SPEECH OF nations. They generously support a wide Gerry was inducted into St. John’s Athletic HON. DEBBIE WASSERMAN SCHULTZ range of Jewish organizations, yet their dedi- Hall of Fame for his years on the basketball OF FLORIDA cation to these causes extends far beyond team. IN THE HOUSE OF REPRESENTATIVES philanthropy. By opening their home to visiting Mayor Gerald A. Calabrese is the pinnacle Israeli soldiers and dignitaries, they have fos- of integrity and effectiveness. It is no wonder Wednesday, February 1, 2012 tered the kind of cultural exchange between that he received two standing ovations during The House in Committee of the Whole Americans and Israelis that is the bedrock of his swearing-in ceremony in January of this House on the state of the Union had under the deep friendship between our two nations. year and has been called a ‘‘second father’’ consideration the bill (H.R. 1173) to repeal On January 8, 2012, Joan and George and ‘‘iconic public servant’’ by so many re- the CLASS program: Kessel were honored by Friends of the Israel spected public officials. Mayor Calabrese has Ms. WASSERMAN SCHULTZ. Madam Defense Forces (FIDF) for their work on be- been a role model for me, as he has been for Chair, I rise today in firm opposition to this half of a safer and more secure Israel. I can so many others in New Jersey whom Gerry legislation that would repeal the Community think of no two individuals more deserving of has helped during their careers. Living Assistance Services and Supports Act, this honor. I am humbled by their generosity Mr. Speaker, today I rise to celebrate the the CLASS Act. and commitment, grateful for their friendship, birthday of my constituent and dear friend, As part of the Affordable Care Act, the and look forward to their continued leadership Mayor Gerald A. Calabrese. I join with the CLASS Act is our nation’s first real attempt to in the pro-Israel community for years to come. grateful residents of Cliffside Park in thanking provide voluntary, fiscally-responsible, long- f him for his innumerable contributions to our term care for the more than 70 percent of community. Americans who will need such support at HONORING MAYOR GERALD A. f some point in their lifetimes. CALABRESE As the Representative to thousands of sen- HONORING EVA MARIE BALDWIN iors in Florida’s 20th district, I know too well HON. STEVEN R. ROTHMAN WILBUR how hard our families strive to plan and pay OF NEW JERSEY for the long term care services that most of HON. TOM MARINO IN THE HOUSE OF REPRESENTATIVES them so desperately need. OF PENNSYLVANIA By repealing the CLASS Act, this Congress Thursday, February 2, 2012 IN THE HOUSE OF REPRESENTATIVES abandons millions of middle class seniors, Mr. ROTHMAN of New Jersey. Mr. Speaker, Thursday, February 2, 2012 Americans with disabilities, and all families I rise today to honor my dear friend and men- Mr. MARINO. Mr. Speaker, I rise today in struggling to provide long term care for loved tor, Mayor Gerald A. Calabrese of Cliffside honor of my constituent, Ms. Eva Marie Bald- ones. Park, in honor of his 87th birthday. Mayor win Wilbur on the occasion of her 95th birth- Of course, we are willing to admit that this Calabrese is the longest-serving mayor in the program isn’t perfect. But that is no excuse for day. state of New Jersey, having begun his 49th Eva Marie Baldwin was born February 19, the Republicans’ ‘‘repeal and abandon’’ ap- year in office in January. 1917, the first of eight children to Earl and proach to legislation—and our nation’s sen- After first being elected to the Cliffside Park Frances Baldwin, in Middletown Township, iors. Borough Council in 1955, Gerry was elected Susquehanna County. Eva attended Rush Rather than pull the rug out from under our mayor in 1959, and has served continuously Schools in Susquehanna County, where her seniors and loved ones—I urge my colleagues as the Borough’s chief executive since his re- father, Earl, drove the school wagon. to work to fix this vital program. election in 1965. During Gerry’s time as On August 10, 1935, Eva married Clayton f mayor, Cliffside Park has enjoyed unprece- Wilbur in Stevensville. HONORING THE CONTRIBUTIONS dented growth, largely thanks to his leader- For forty-one years, Eva worked as a tax OF JOAN AND GEORGE KESSEL ship. He is well-known for gaining many fed- collector for Pike Township. She is an active eral, state, and county grants to help his com- parishioner of Rushville Church, and is a HON. THEODORE E. DEUTCH munity. Highlights from his tenure include the member of the Bradford County Republican building of Cliffside Park’s current Borough Women. Even at the age of 95, Eva remains OF FLORIDA Hall, the public library, and a senior citizen a part of her community, still hosting a Friday IN THE HOUSE OF REPRESENTATIVES housing development, which was one of the night card game for family and friends. Thursday, February 2, 2012 first of its kind in New Jersey to be built using Eva is the proud mother of three children: Mr. DEUTCH. Mr. Speaker, I rise today in federal grants. Shirley, Edna, and Arlyn, grandmother of four, honor of Joan and George Kessel, two out- Moreover, Gerry has proven his strong lead- great-grandmother of six, and great-great- standing members of the South Florida com- ership by finding other innovative ways to im- grandmother of three. munity who have dedicated their lives to ad- prove his community while saving the tax- Mr. Speaker, I rise today to honor my con- vancing the security of Israel, promoting Jew- payers money. Under his guidance, Cliffside stituent, Ms. Eva Marie Baldwin Wilbur, on the ish values, and protecting the welfare of Jew- Park is about to embark on a major redevelop- occasion of her 95th birthday, and ask my col- ish people across the globe. ment program by building a joint DPW facility leagues to join me in praising her commitment Joan and George Kessel embody the spirit with neighboring Fairview. Cliffside Park and to country, community, and family. of adventure. They may spend a great deal of Fairview are the first communities in the state f time in South Florida, but they truly are citi- to combine their DPW facilities. Not only was RECOGNIZING MELANIE DRESSEL zens of the world. While they have traveled a new facility desperately needed, but by the globe far and wide, it is their trips to Israel vacating the property the DPW currently sits HON. ADAM SMITH that have touched them most profoundly. Dur- on, the town made valuable land available for OF WASHINGTON ing their many stays in Israel, Joan and development which will now go on the tax IN THE HOUSE OF REPRESENTATIVES George have learned firsthand the challenges rolls. faced by the Israeli people in a hostile, volatile In addition to his public service in Cliffside Thursday, February 2, 2012 region. These are the experiences they carry Park, Gerry served in the Navy and is a mem- Mr. SMITH of Washington. Mr. Speaker, I with them back to South Florida. ber of the American Legion Post 126 as well rise to honor Melanie Dressel, President and

∑ 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 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.001 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2012 C.E.O. of the Tacoma, Washington-based Co- IN RECOGNITION OF NICK AND tion Proceedings Act. My legislation will make lumbia Bank, for being named a Community TRACY BROWN immigration proceedings more fair and hu- Banker of the Year by American Banker mag- mane for individuals with mental disabilities, azine. HON. FRANK PALLONE, JR. and help prevent wrongful deportations and in- Melanie joined Columbia Bank in 1993 and OF NEW JERSEY definite detentions. Specifically, this bill ten years later was named its Chief Executive IN THE HOUSE OF REPRESENTATIVES amends the Immigration and Nationality Act to Officer. Under Melanie’s leadership, Columbia Thursday, February 2, 2012 ensure that immigration judges will have the Bank acquired five other banks, increasing the authority to stop proceedings or appoint coun- Mr. PALLONE. Mr. Speaker, I rise today to sel when an individual is not competent bank’s assets by fifty percent. These actions congratulate Mr. Nick Brown and Mrs. Tracy enough to represent him or herself due to a have helped Dressel transform Columbia Bank Brown for their immeasurable contributions to mental disability. into a regional power. their community and the subsequent honor The status quo isn’t working. Judges who in Despite the bank’s growth, Melanie has re- they have received during Prevention First’s good faith have terminated deportation cases mained close to traditional community banking ‘‘Fly Me to the Moon’’ Gala on February 4, because of a person’s inability to participate practices. Columbia Bank is committed to giv- 2012. The Browns are valuable members of based on mental disability have had their deci- ing individuals and businesses in the Pacific my district and assets to their communities and country. Their actions are truly worthy of sions overturned. Consequently, these cases Northwest a safe, secure, and customer-fo- end up in an ongoing loop that keeps these in- cused banking option. this body’s recognition. Mrs. Tracy Brown has admirably served on dividuals in costly, inhumane detention or re- Throughout her tenure, Columbia Bank has numerous boards for various organizations sults in their unfair deportation. consistently been honored as one of the re- throughout Monmouth County, New Jersey. Examples of immigrants and U.S. citizens gion’s best places to work. The bank is regu- She is a hardworking member of the Mon- with mental disabilities who have been unjustly larly featured on the Puget Sound Business mouth Medical Center Foundation Board and detained or deported include: Journal’s ‘‘Washington’s Best Workplaces’’ list has dedicated countless hours to the Ranney and listed as ‘‘One of Washington’s 100 Best School Annual Fund committee. Mrs. Brown An immigrant from Mexico with severe cog- Companies to Work For’’ by Seattle Magazine. has also co-chaired the Count Basie Gala, nitive disabilities who was declared incom- Even during challenging economic times, it is Prevention First Gala and the Visiting Nurses petent by an immigration judge in which he encouraging to see Columbia Bank going the Association Show House Gala. Tracy is a was unrepresented by counsel. His case was put on hold and the Department of Homeland extra mile to ensure employee satisfaction. member of the Prevention First Executive Security allowed him to linger in detention for Mr. Speaker, it is with great pleasure that I Committee and remains an integral part of its Board. Together, Tracy and Prevention First’s four and a half years, at a cost to taxpayers ask my colleagues to join me in honoring continued efforts have had a resounding effect of about $300,000; Melanie Dressel. Her dedication to community in preventing alcohol and other drug usage in A 50-year old legal permanent resident with banking has helped grow Columbia Bank to young adults throughout the local community. schizophrenia who had lived in New York provide exemplary service its customers, em- Nick Brown’s generosity as a philanthropist more than 30 years was ordered by a New ployees, and our community. and valued member of the community is evi- York court to serve 90 days in a mental insti- dent through his service. Mr. Brown is the tution for trespassing. Instead, he was trans- f Managing Director and head of Financial ferred to a detention facility in Texas, where Product Brokerage, North and South America, he received no medication for weeks. He then RECOGNIZING SUSAN STECHNIJ at GFI Group. He is a partner of Jersey Part- faced a proceeding without counsel, and was ners, serves as a director of the Financial deported to the Dominican Republic so quickly Markets Association and was formerly a mem- that his family did not know what had hap- HON. ALCEE L. HASTINGS ber of the Federal Reserve Bank of New pened to him until he was gone; OF FLORIDA York’s Foreign Exchange Steering Committee. A citizen who had bipolar disorder and de- In addition to his professional endeavors, Nick IN THE HOUSE OF REPRESENTATIVES velopmental disabilities was deported to Mex- currently serves on the boards of the Center ico, and subsequently to Honduras and Guate- Thursday, February 2, 2012 to Prevent Youth Violence and the Count mala. It took four months to return him to the Basie Theatre in Red Bank, New Jersey. He Mr. HASTINGS of Florida. Mr. Speaker, I United States. ICE officials claim that he also served as a high profile board member signed a statement indicating he was a Mexi- would like to take this opportunity to honor the for the Brady Campaign to Prevent Gun Vio- can national—he was not. work of Susan Stechnij in the Palm Beach lence for 12 years. Nick remains an active area of Florida. Susan is one of the landlords board member of HELP USA, a charitable or- All of these events could have been avoided at the Everglades Inn, a member of the Home- ganization dedicated to providing quality hous- if immigration judges had the tools they need less and Housing Alliance of Palm Beach ing and on-site supportive services to guide in- to properly adjudicate cases involving individ- County. She shares my passion for helping dividuals towards independence and self-suffi- uals with mental disabilities, and if these indi- the homeless in the community and in the ciency. Together, the Browns have been viduals had access to counsel. We cannot fight to prevent and end homelessness. blessed with five beautiful children, Kristina allow citizens and immigrants to be wrongly age 24, Kelli age 22, Peter age 12, Laney age deported or remain in indefinite detention sim- Recently, Susan was honored with an ply because they have a mental disability. By award to denote her special contribution to the 6, and Lexi age 5. Mr. Speaker, once again, please join me in granting judges the ability to discontinue pro- homeless people of West Palm Beach. The congratulating Nick and Tracy Brown for re- ceedings when an individual is mentally in- Lord’s Place, a nonprofit organization focused ceiving the honors bestowed by Prevention competent or to appoint counsel so that the in- on ending the cycle of homelessness in the First. Mr. & Mrs. Brown’s unending generosity dividual receives a fair adjudication, this bill area, honored Susan with the Unsung Heroine and charitable activities have undoubtedly will reduce the costs of long detentions and Award. She was awarded this honor for help- touched many lives and have helped count- delayed proceedings and make our immigra- ing a dying homeless man find relief in the last less people throughout New Jersey. tion system more just. few weeks of his life. Due to her hard work, f The National Association of Immigration the man was able to live comfortably in an Judges has asked Congress for reform. Over apartment rather than facing the difficult condi- IN SUPPORT OF FAIR TRIALS AND fifty organizations including Human Rights tions that the homeless are faced with on a ACCESS TO COUNSEL FOR THOSE Watch, the National Disability Rights Network, daily basis. WITH MENTAL DISABILITIES the American Civil Liberties Union and the Mr. Speaker, Susan deserves to be recog- American Immigration Lawyers Association nized for her heroic efforts. People like Susan HON. FORTNEY PETE STARK endorse the Ensuring Mental Competence in OF CALIFORNIA serve an important role in communities across Immigration Proceedings Act. This legislation IN THE HOUSE OF REPRESENTATIVES the state of Florida and the country. Her com- is the right thing to do for mentally incom- passion and selflessness in helping those less Thursday, February 2, 2012 petent detainees, for our courts, and for tax- fortunate is commendable, and I am proud to Mr. STARK. Mr. Speaker, I rise to introduce payers. I urge my colleagues to support this recognize her as a Hastings’ Hero. the Ensuring Mental Competence in Immigra- bill.

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.004 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 2, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E119 HONORING THE CONTRIBUTIONS Mr. Speaker, I rise today to honor my con- It is with enormous pride that I recognize OF PORT EVERGLADES DIREC- stituent, Mr. Jack DeLeo, and ask my col- and congratulate the Brook Hill School in TOR PHILLIP C. ALLEN leagues to join me in praising his commitment Bullard, Texas, on its incredible athletic to his community and our Nation. achievements during recent school years in HON. THEODORE E. DEUTCH f which they achieved several state champion- OF FLORIDA ship titles. This past fall of 2011, the Brook Hill COMMENDATION OF DR. CHAD IN THE HOUSE OF REPRESENTATIVES Guard reached the pinnacle of success by AUDI Thursday, February 2, 2012 winning the Division III State Football Cham- pionship, after being state finalists two years Mr. DEUTCH. Mr. Speaker, I rise today to HON. HANSEN CLARKE in a row in 2009 and 2010. honor the contributions and celebrate the OF MICHIGAN The Brook Hill Guard also captured the seven years of service that Phillip C. Allen has IN THE HOUSE OF REPRESENTATIVES state championship title in Baseball during given to the South Florida community as Di- Thursday, February 2, 2012 2010–2011, as well as the state championship rector of the Port Everglades. Under his lead- title in Boys’ Golf that school year. As if that Mr. CLARKE of Michigan. Mr. Speaker, I ership and guidance, Port Everglades has be- were not impressive enough, Kirby Vinson rise today to recognize Dr. Chad Audi, CEO come an economic powerhouse for South won the individual State Champion title in the and President of the Detroit Rescue Mission Florida. Girls Track & Field discus. Also, Austin Ministries (DRMM) in Detroit, Michigan. Feb- Mr. Allen’s commitment to creating jobs and Langemeier won the individual State Cham- ruary 2012 marks Dr. Audi’s 15th year serving fostering economic opportunity in our commu- pion title in both the Boys Track & Field 800 Wayne County through his work at the DRMM. nity is evident in his accomplishments. He Meter Run and the 1600 Meter Run. Dr. Audi began working in the DRMM’s fi- helped craft a 20-year master plan for devel- The superb 2010–2011 school year was nance department in 1997 and rose to be- opment of the port, and facilitated three critical preceded in 2009–2010 by the Brook Hill Boys come the Vice President of Finance and Ad- expansions that are expected to create 7,000 achieving the incredible feat of advancing to ministration. Later, he was appointed to the new jobs in South Florida and 135,000 jobs the State final championship game in baseball, position of Chief Operating Officer. In 2005, statewide. Under his leadership, the port has basketball, soccer, and football. That was Dr. Audi was selected to serve as the CEO/ grown substantially to accommodate our grow- topped off with the Girls’ Golf team winning ing tourism industry, which has brought some President of the DRMM. Dr. Audi is a well-respected member of the the State Championship outright that same of the world’s largest cruise ships to Florida. year. It also must be noted that Courtney Even more impressive is his plan to dredge community who has formed strategic partner- ships with outside organizations, agencies, Thomas shown brightly by winning the State the port in advance of the widening of the Champion title in the Shot Put event of Boys’ Panama Canal, which sets the stage for South and individuals and found creative and cost-ef- fective ways to serve DRMM’s clients in a Track & Field. Florida to serve as a bustling center for inter- These achievements could not have been friendly, spiritually supportive environment. national commerce upon its completion in possible without the tireless preparation of 2014. The DRMM is the country’s largest rescue mission and is committed to sharing the gos- each individual team member, and the com- Given his many contributions to our local mitment of the coaches to proper preparation economy, it should come as no surprise that pel of the love of Jesus Christ. The DRMM provides hope to the disadvantaged, abused, themselves followed by the intense training, on November 4, 2011, Mr. Allen was named inspiring, and directing of the very talented South Florida Business Leader of the Year. I and homeless people in Wayne County. Under the leadership of Dr. Audi, the DRMM players under their supervision. Such vast ex- can think of no person more deserving of this cellence in athletics in all of those sports at all honor than Mr. Allen, a leader who under- serves one million meals to the homeless and hungry annually. The DRMM provides over levels requires the kind of community and stands that building state-of-the-art infrastruc- school-wide support that Brook Hill students, ture is imperative if we wish to give our busi- 1,600 community members a day with shelter, food, substance abuse treatment, case man- parents, and community backers provided. nesses a competitive advance in the global A key lesson that has obviously been in- marketplace. I commend Mr. Allen for his agement, transitional jobs, and spiritual men- toring. stilled in the Brook Hill students is that uncom- years of hard work and dedication, and pledge promising dedication and hard work ultimately to him my continued support for the develop- The DRMM has also opened the Corner- stone Bistro in Highland Park, Michigan. The yield great success. ment and expansion of the Port Everglades in Again, congratulations go out to the Brook the years to come. Cornerstone Bistro is a sit-down restaurant and ‘‘cornerstone’’ of a culinary apprenticeship Hill School students, coaching staff, faculty, f program run by the DRMM and Wayne County and the entire community of support in and HONORING JACK DELEO Community College. This program helps around Bullard, Texas, as their legacy is now DRMM clients receive on-the-job training and recorded in the CONGRESSIONAL RECORD that HON. TOM MARINO a culinary arts associate degree. will endure as long as there is a United States OF PENNSYLVANIA I commend Dr. Audi’s tireless work improv- of America. Their excellence in so many areas IN THE HOUSE OF REPRESENTATIVES ing the quality and range of services available and pursuits make it my great honor to be their servant in the United States House of Thursday, February 2, 2012 to those in need in our community. It is with great honor that I recognize Dr. Representatives. Mr. MARINO. Mr. Speaker, I rise today in Audi and his work at the DRMM creating a f honor of my constituent, Mr. Jack DeLeo, as brighter future for Wayne County residents. he is recognized by UNICO National, Scranton HONEST BUDGET ACT OF 2012 f Chapter, as ‘‘UNICAN of the Year.’’ Upon receiving this award, Mr. DeLeo has HONORING BROOK HILL SCHOOL’S HON. MARTHA ROBY served as president of the Scranton Chapter ATHLETIC ACHIEVEMENTS OF ALABAMA and is currently sitting Chairman of the Board IN THE HOUSE OF REPRESENTATIVES for the organization. Mr. DeLeo has exempli- HON. LOUIE GOHMERT Thursday, February 2, 2012 fied the motto of UNICO, ‘Service Above Self,’ OF TEXAS and has long put the needs of his community IN THE HOUSE OF REPRESENTATIVES Mrs. ROBY. Mr. Speaker, Americans de- first. serve a genuine and predictable government Mr. DeLeo served his country with courage Thursday, February 2, 2012 that shoots straight. As Thomas Jefferson and dignity during the Vietnam War as a sol- Mr. GOHMERT. Mr. Speaker, the Brook Hill wrote, ‘‘The whole art of government consists dier in the U.S. Army. Mr. DeLeo has, more School is a vibrant non-denominational Chris- in the art of being honest.’’ How can the peo- recently, dedicated himself to worthy associa- tian school which opened its doors in the fall ple hold their representative accountable when tions including the Red Cross and the Salva- of 1997. A three-fold mission permeates every Congress and their President distort the basic tion Army. aspect of Brook Hill’s existence: (1) to provide facts? At home, Mr. DeLeo is an active parishioner excellence in college preparatory education, Many of my colleagues and I are dismayed of St. Lucy’s Church. He previously served as (2) to affirm the gifts and challenge the poten- by the dysfunction in the process. We’ve seen president of the Lackawanna County Colum- tial of each student, and (3) to encourage stu- firsthand the insider tricks and schemes used bus Day Association and currently sits on its dents to honor God through Christ-like char- to distort the budget and hide new spending. Board of Directors. acter. We’ve learned that these loopholes are deeply

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.008 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E120 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2012 engrained in the rules of Congress, and that tegrity back to our budget. The President is Surrogate Michael Raymond Dressler, for his both Republicans and Democrats are guilty of expected to present Congress with his budget dedicated leadership and service to our com- exploiting them. for Fiscal Year 2013. We have a responsibility munity as the recently re-elected Judge of the The American people have a right to expect to our constituents to ensure that the final Surrogate’s Court of Bergen County. Surro- accountability, honesty, and transparency from budget is accurate and any savings included gate Dressler has committed himself to a life their government. But every year, Washington are real savings. of public service and I am pleased to recog- relies on a series of budget gimmicks and ac- In many respects, the Honest Budget Act of nize him as he continues his distinguished ca- counting tricks to conceal or enable deficit 2012 embodies the spirit of transparency and reer. spending. With our nation’s gross debt over accountability that unites my freshman class. $15 trillion—as large as our entire economy— The bill is a rallying point for those who truly Surrogate Dressler was first elected to be Washington must drop the budget games and want to put an end to the tricks, gimmicks and the Bergen County Surrogate Court Judge in commit to honest budget practices. empty promises, and for all who believe that 1996. Since then, the public has demonstrated We—as the freshman class—were sent to the American people deserve a government their resounding approval for his work, re- DC to do things differently and to assist on that they can trust. I look forward to work with electing him in 2001, 2006, and yet again in honest and transparent government. my colleagues to see this become reality. 2011. While in office, Judge Dressler has That’s why earlier this week, I, along with 28 f demonstrated his talent for combining innova- of my colleagues, introduced the Honest tive community service with reasoned fiscal re- RECOGNIZING WENDY FREITAG Budget Act of 2012—an important step to sponsibility. Among many other first’s, he cre- change the way Washington works and instill ated the first Guardianship Monitoring Pro- integrity to the budget process. HON. ADAM SMITH gram in Bergen County, which utilizes volun- This legislation is designed to root out the OF WASHINGTON teers to monitor the work of Court appointed budget gimmicks most commonly used by IN THE HOUSE OF REPRESENTATIVES guardians, ensuring they care for the frail and politicians to hide the truth, confuse the public, Thursday, February 2, 2012 elderly as promised. and run up the national debt. Surrogate Dressler also organized the cre- Last year, Senator JEFF SESSIONS from Ala- Mr. SMITH of Washington. Mr. Speaker, I rise to honor Wendy Freitag for being named ation of the Surrogate Court’s Satellite Office bama introduced in the Senate similar legisla- Program in which the services of the Surro- tion to strengthen the Senate’s rules against a Champion of Change in recognition of her work to prepare Washington communities for gate Court are brought directly to municipali- budget trickery. Numerous conservative ties such as Fort Lee, Ridgewood, Wallington, groups have endorsed Sessions’ bill, including unexpected events and developing innovative Norwood and Park Ridge. Surrogate Court the Heritage Foundation, Americans for Tax and creative approaches to emergency pre- employees offer services such as probating of Reform, and Citizens Against Government paredness and response. As the External Affairs Manager for the wills and administering estates to those who Waste. Washington State Military Department’s Emer- cannot make the trip to the Surrogate Court in The House legislation expands this bill with gency Management Division, Wendy Freitag Hackensack. These innovative programs are similar rules in the House of Representatives oversees statewide emergency management operated and maintained at no additional tax- to addresses nine specific budget gimmicks outreach programs. These programs focus on that, since 2005, have cost taxpayers more payer cost. disaster preparedness public education, pri- than $350 billion and have consistently added Also, as a lifetime advocate for education, vate-public partnerships and public information to the burgeoning national debt. For example, Judge Dressler spends a great deal of time programs. She encourages all residents of the legislation makes it more difficult to pass promoting awareness of the probate process, Washington State to take preparedness steps appropriation bills without first approving a in their households and communities before a the necessity of a Will and other documents, budget. No longer will the Senate be allowed disaster strikes. through his speaking tours, addressing numer- to operate without a budget as it has for more Wendy and her team continue to work on ous civic groups and service organizations. than 1000 days. It tightens rules about using designs for outreach campaigns and programs His publication of a comprehensive booklet ‘‘emergency designations’’ and ‘‘disaster des- to empower individuals and organizations to entitled ‘‘How to Probate a Will in Bergen ignations’’ to justify off-budget spending. It re- proactively prepare for disasters. They know County,’’ is available to all Bergen County veals both the real cost and the real commit- that in order to effectively respond and recover residents in English, Spanish, and Korean. ment on what the federal government is from disasters, work must be done at the com- These initiatives are just a few of many exam- spending. The bill prevents Congress from re- munity level. Her team uses a combination of ples that reflect how his hard work extends lying on phony rescissions, or claiming sav- reason and emotion to engage and inspire all well beyond the walls of his office. ings unless the savings are real and genuine. community members to become more disaster Money that was never going to be spent can- As Surrogate, Michael Dressler was elected resilient. by his peers and served as President of the not later be claimed as ‘‘savings’’. That’s com- Wendy has tremendous experience in the mon sense. Constitutional Officers of New Jersey. He public and private sectors developing innova- presently serves as a member of the New Jer- A budget is a plan for the nation’s future tive solutions for preparedness. Prior to joining sey Highlands Council. He was honored as and an annual financial report to the stock- the Emergency Management Division, Wendy the YMCA of Greater Bergen County’s Person holders of the company—in this case, the worked for a decade on physical security, na- of the Year in 2009. American people. We deserve the truth. Mr. tional crisis management and business con- Speaker, given what I have witnessed over tinuity projects and teams at Microsoft and the Mike Dressler was first elected to public of- the last year, the only way to guarantee the former Washington Mutual Bank. fice as Councilman of Cresskill in 1974. In truth is to specifically root out and end the Mr. Speaker, I ask that my colleagues in the 1983, the people of Cresskill elected him to gimmicks that so often obscure it. House of Representatives please join me in serve as their Mayor, a position he held until We are all keenly aware that the number recognizing the dedication of Wendy Freitag to 1991. That same year he was the youngest one issue facing America today is jobs. We helping all Washington residents be better pre- person ever appointed to the position of Coun- must continue to do all that we can here in pared for disasters. sel to the County of Bergen—New Jersey’s Washington to create an environment that fos- f most populous county. His extraordinary dedi- ters job growth, and we will continue to do cation to public service serves as an inspira- HONORING SURROGATE MICHAEL that. But we cannot overlook the fact that tion to us all. Washington spends money it does not have. R. DRESSLER Certainly, this reckless spending spree has Mr. Speaker, today I rise to congratulate my contributed greatly towards our downward HON. STEVEN R. ROTHMAN dear friend, Surrogate Michael Raymond Dressler, on another re-election. I join with the economy. OF NEW JERSEY grateful residents of Bergen County in thank- The American people deserve a budget sys- IN THE HOUSE OF REPRESENTATIVES tem that is accountable, predictable, and real. ing him for his innumerable contributions to Regardless of party, Congress and the Admin- Thursday, February 2, 2012 our community. I am confident that his leader- istration have not always been up-front with Mr. ROTHMAN of New Jersey. Mr. Speaker, ship and dedication to service will continue to their numbers. It is important that we instill in- I rise today to honor my dear friend, County improve the lives of countless New Jerseyans.

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K02FE8.005 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 2, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E121 RECOGNIZING PROSTATE CANCER the University of South Florida (USF) has larly proud of his induction into the Lewiston- AWARENESS OBSERVANCE DAY made in the fields of innovation and tech- Auburn Sports Hall of Fame as a member of nology. the 1942 Lewiston High School State Cham- HON. YVETTE D. CLARKE In 2010, USF furthered their dedication to pion Hockey team. OF NEW YORK these fields by founding the National Academy It is truly remarkable that one man could IN THE HOUSE OF REPRESENTATIVES of Inventors (NAI). Today, the NAI works to have such a positive impact on the lives of so recognize inventors, enhance the visibility of Thursday, February 2, 2012 many people. Larry is survived by his wife, university innovation, educate and mentor in- three children, five grandchildren, and two Ms. CLARKE of New York. Mr. Speaker, I novative students, and translate research and great grandchildren. Larry was born November rise today to recognize Prostate Cancer inventions of its members that may benefit so- 21, 1923 and passed on January 30, 2012. He Awareness Observance Day, as recognized ciety. was 88 years old. by the Brown Byrd Prostate Cancer Founda- With this type of commitment to innovation, tion in my district and numerous organizations it is no surprise that a recent report issued by Mr. Speaker, please join me in honoring and municipalities. the Intellectual Property Owners Association Larry for his public service and allow me to Affecting 1 in 6 men, prostate cancer is the listed USF, along with 12 other American Uni- extend my deepest condolences to Larry’s most commonly diagnosed non-skin cancer versities, among the top 300 organizations to family. and the second cause of cancer-related receive patents from the United States Patent deaths among males. A new case occurs and Trademark Office in 2010. f every 2.7 minutes, and is the cause of death I am also proud that as USF continues to be of an afflicted individual every 19 minutes. a national leader in the field of innovation, the HONORING THE BROWARD COUNTY Though for reasons yet to be discovered, entire Tampa Bay area will significantly ben- SHERIFF’S OFFICE ANTI-BUL- prostate cancer is especially prevalent within efit. Researchers and inventors from USF will LYING INITIATIVE the African American community, which makes continue to work together with business and awareness of this disease especially important industry leaders in their respective fields to put within communities like my Borough of Brook- their ideas and prototypes into action. These HON. THEODORE E. DEUTCH lyn, New York. interactions will lead to a direct and positive OF FLORIDA Despite these disparaging statistics, many impact on our local communities—commu- forms of prostate cancer are readily treatable, nities desperately in need of high quality jobs IN THE HOUSE OF REPRESENTATIVES and with increased early detection and treat- and business opportunities. Thursday, February 2, 2012 ment, current trends can be reversed. Edu- I’ve always said that one of America’s great- cation regarding prostate cancer and early de- est strengths is the innovation of its citizens. Mr. DEUTCH. Mr. Speaker, I rise today in tection strategies is crucial to saving lives and Without innovation, this nation would not be honor of the Broward County Sheriff’s Office preserving our families; 200,000 men will be what it is today. Unfortunately, many of these Anti-Bullying Initiative, the efforts of which diagnosed and over 75,000 men will die from innovators in the past have not received the have undoubtedly helped make South Florida prostate cancer annually. At any age, deaths recognition for their achievements that they a safer and more tolerant community. due to prostate cancer devastate families rightfully deserve. through loss of income, partnership, and sup- That is why it is my honor to recognize and Bullying of young gay Americans has port. support the achievements of USF for their reached epidemic proportions in this country. In recognition of this disease and the large commitment to innovation and research. In fact, more than 80 percent of LGBT stu- number of families and communities it afflicts, With that, I ask my colleagues to join me in dents report suffering harassment, humiliation, I stand with those today that recognize Feb- recognizing the achievements of the University and even violence at the hands of their peers ruary 2, 2012, as a day to remember those of South Florida. in school. Even more tragic are the cases of children who take their own lives after being who lost the battle against prostate cancer, f and to pray for the families and friends that led to believe there is no hope for acceptance have dealt with such a tragedy. As a commu- HONORING LARRY VEILLEUX OF in their community. Despite these over- nity, we also remember those living with pros- LEWISTON, MAINE whelming statistics, many schools have shown tate cancer, celebrate the lives of survivors, an unwillingness or inability to openly address and thank all the prostate cancer organiza- HON. MICHAEL H. MICHAUD anti-gay bullying. tions and medical professionals throughout the OF MAINE I commend the Broward County Sheriff’s of- entire country who aid in victories against this IN THE HOUSE OF REPRESENTATIVES fice and their many partners throughout South insidious disease. Thursday, February 2, 2012 Florida for setting themselves apart by estab- One such organization I would like to recog- lishing an Anti-Bullying Initiative to address nize today is the Brown Byrd Prostate Cancer Mr. MICHAUD. Mr. Speaker, I rise today to this issue head-on. Together, law enforcement Foundation. Started by two young individuals honor the life and accomplishments of Laurent officials and community leaders are acting on ‘‘Larry’’ Veilleux, a man who devoted his life to in my own district, Kevin Byrd and Blossom a shared belief that in America, no child his family and to his community. Brown to honor their grandfathers who were should be afraid to go to school because he A veteran of World War II, Larry’s lifelong both lost to prostate cancer, the foundation or she is different. On January 30, 2012, the commitment to public service was only begin- has done a good deal of work within New Anti-Bullying initiative hosted an event at the ning when he returned home from the war. York and nationally to bring attention to Pros- Coral Springs Center for the Performing Arts, After completing his assignment in the U.S. tate Cancer and methods to combat its contin- where they screened the film Bullied and dis- Navy, Larry worked to obtain an Associate’s ued threat to the wellbeing of our commu- cussed the impact of anti-gay bulling on our Degree in Criminal Justice and to enroll him- nities. Thank you, Mr. Speaker, and may we nation’s youth. This event is one of many un- self in the FBI Academy. The Lewiston Police all offer up our prayers today to every indi- dertaken by the Broward County Sheriff’s of- department was fortunate enough to draw on vidual that has been affected by prostate can- fice to give students, teachers, and administra- cer. Larry’s courage and dedication to his commu- nity. By the time he retired as a Deputy Police tors the tools they need to effectively address f Chief, he was a local fixture and beloved with- bullying based on sexual orientation and gen- RECOGNIZING THE ACHIEVEMENTS in the community. der identity. OF THE UNIVERSITY OF SOUTH Larry never stopped giving back to his The opportunity for every child to receive a FLORIDA friends, colleagues and neighbors. He found quality public education is a cornerstone of our time to be an active member of the Retired nation. To achieve their potential, our children HON. RICHARD B. NUGENT Police Chief Association, the Knights of Co- need schools that provide safe, accepting, and OF FLORIDA lumbus, the American Legion, the Lion’s Club, abuse-free environments. I am honored to rec- IN THE HOUSE OF REPRESENTATIVES and the Augusta Calumet Club. He was a ognize the people of Broward County, whose former member of St. Joseph’s Church and efforts to stop bullying are helping ensure our Thursday, February 2, 2012 was most recently a member of Immaculate schools are places where everyone, regard- Mr. NUGENT. Mr. Speaker, I rise today to Heart of Mary Parish in Auburn. Larry valued less of their sexual identity, has a safe place recognize the significant achievements that his roots in the community and was particu- to learn and grow.

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.011 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E122 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2012 IN CELEBRATION OF EASTHAMP- crude oil per day and would include more than its future supply of oil and other energy re- TON HIGH SCHOOL’S SUCCESS IN 1,700 miles of pipeline. Estimates from Trans- sources, the United States has rejected a new THE ‘‘WE THE PEOPLE’’ COM- Canada, the company that applied to construct source of energy that was laid at our doorstep. PETITION the pipeline, projects more than 100,000 jobs Mr. Speaker, I ask, how does the fact that could be created over the life of the project, China will receive this energy supply not serve HON. RICHARD E. NEAL including an estimated 20,000 immediate our national interest? American jobs in construction and manufac- Mr. Speaker, I consider President Obama’s OF MASSACHUSETTS turing. decision a grave mistake and on behalf of the IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, our energy policy is vitally im- American people who want secure oil and new Thursday, February 2, 2012 portant to our national security and our eco- manufacturing jobs, I hope that Congress will Mr. NEAL. Mr. Speaker, I would like to ac- nomic security. Oil accounts for 37 percent of continue to push him to reconsider this error knowledge and celebrate the victory of the U.S. energy demand, with 71 percent directed in judgment. Easthampton High School’s AP United States to fuels used in transportation. That is equally f History class in the statewide ‘‘We the People’’ true of the mother who drives her children to school as it is of the business owner who op- IN RECOGNITION OF THE academic competition held recently at Harvard UNIVERSITY OF SOUTH FLORIDA University. The team skillfully answered a se- erates a fleet of delivery vehicles. When the ries of eighteen difficult questions relating to price of gasoline increases, Americans are American government on their way to pre- hurt—and the price of gasoline increased 81 HON. DENNIS A. ROSS vailing over a number of highly qualified com- cents per gallon in 2011 alone. OF FLORIDA petitors across Massachusetts. The team has That is why I support our ‘‘all of the above’’ IN THE HOUSE OF REPRESENTATIVES approach to energy, which includes opening now earned the distinction of representing the Thursday, February 2, 2012 Commonwealth in the National Finals in April up new areas for American energy explo- Mr. ROSS of Florida. Mr. Speaker, I rise to of this year. ration, transitioning to renewable and alter- native energy, and using more clean and reli- recognize the University of South Florida Easthampton High School’s team was led able nuclear power. (USF). USF has become an academic power- by teacher Kelley Brown, who has gone above In his State of the Union address, the Presi- house not only in the State of Florida, but na- and beyond the call as an academic instructor dent stated that ‘‘this country needs an all-out, tionally as well. Boasting an enrollment of ap- to be a skillful coach for her class in this com- all of the above strategy that develops every proximately thirty-seven thousand graduate petition. The outstanding knowledge of United available source of American energy—a strat- and undergraduate students, USF has at- States History displayed by her class is a tes- egy that’s cleaner, cheaper, and full of new tracted top quality students from all over the tament to the value of quality teachers in the jobs.’’ In my opinion, his decision on the Key- world, making it a true model of diversity. And Massachusetts public school system. The vic- stone Pipeline is inconsistent with that state- more students will be coming. torious students included Taylor Dadmun, Tris- ment. USF states that it offers more than two hun- tan Koopman, Brianna LaRose, Zachary I believe the Keystone Pipeline project has dred programs for its students to choose from Lewis, Bayleigh Murphy, Michael Palaschak, the potential to strengthen America’s econ- and has a library system with two and a half Thomas Palaschak, Willow Ross, Felicia omy, reduce our dependence on oil from po- million volumes and six facilities. In 2010, ac- Therrien and Olivia Tones. tentially hostile regions of the world, and cre- cording to the Intellectual Property Owners As- I am tremendously proud of Easthampton ate jobs. I voted in favor of the North Amer- sociation, USF ranked ninth world-wide among High School’s academic achievements. Strong ican-Made Energy Security Act (H.R. 1938), fourteen universities ranked among three-hun- civic education is the foundation of our rep- legislation directing the President to issue a dred organizations that earned the most pat- resentative democracy and these students final order granting or denying the Keystone ents in 2010. In addition to its top flight aca- have exemplified the finest qualities of in- Pipeline permit by November 1, 2011. demic programs, USF has emerged as an ath- formed citizenship. I wish them the best of Additionally, Congress passed H.R. 3765, letic powerhouse. Its student-athletes compete luck in the 25th Annual National ‘‘We the Peo- the Temporary Payroll Tax Cut Continuation at the highest levels of collegiate athletics, ple’’ competition here in Washington DC this Act of 2011 (P.L. 112–78) that was enacted with some continuing their playing careers pro- April. into law on December 23, 2011. This Act, fessionally. In fact, USF alum Jason Pierre- f signed by the President, required the State Paul, a Pro Bowl defensive end with the New KEYSTONE XL PIPELINE Department to grant a permit within 60 days York Giants, will be playing for a Super Bowl unless the President determined that the pipe- championship this Sunday. line would not serve the national interest. I Aside from the accomplishments I have just HON. MARTHA ROBY also voted in favor of this legislation. stated, the National Academy of Inventors OF ALABAMA Unfortunately, President Obama announced notes that it was founded at USF in 2010. Ac- IN THE HOUSE OF REPRESENTATIVES on January 17, 2011 that the administration cording to the Academy, it encourages intel- Thursday, February 2, 2012 will block the pipeline by denying the applica- lectual property innovation and development, tion permit. It has been more than three years which contributes greatly to societal advance- Mrs. ROBY. Mr. Speaker, I rise today to ex- since the application to build the Keystone XL ment. History has shown us that creative press my disappointment over President pipeline was originally filed. The President had minds, such as the ones at USF, are often re- Obama’s decision to block the Keystone XL an opportunity to help create American jobs sponsible for breakthroughs that change how Pipeline by rejecting an application to build and reduce America’s reliance on unstable for- we live. From Thomas Edison’s light bulb to and operate the oil pipeline across the U.S. eign sources of oil, and he rejected it. The the Wright brothers’ airplane, we need to con- and Canada border. State Department announced that it did not tinue cultivating today’s young minds to be as This is a major decision, and I think every have sufficient time to obtain the information bold as their predecessors. I am proud to say American should be aware of the con- necessary to determine if the project would that USF’s National Academy of Inventors is sequences. The Keystone Pipeline represents serve the national interest. In truth, this project leading this charge. an opportunity to both increase supply of has been studied for many years. I ask, how The National Academy of Inventors will much-needed natural resources in our country does reducing reliance on Middle East oil soon be holding a conference in Tampa in the and create tens-of-thousands of American while creating thousands of jobs not serve the USF Research Park from February 16–17th. I jobs. Because the project crosses the U.S. national interest? salute the achievements of the Academy to border, a permit is required from President The door is now open for Canadian oil to go date, and look forward to what the future holds Obama’s State Department. to China. Canada’s Prime Minister, Stephen for these innovators. As a whole, USF con- Without that permit, we will not see the po- Harper, announced his ‘‘profound disappoint- tinues to produce tremendous results. It can tential benefits—in terms of stabilized energy ment with the news.’’ The Prime Minister ex- no longer be said that USF is emerging, rather supplies or new jobs—that would result from pressed that he had hoped the project would it has arrived and it will continue to make Flo- the Pipeline. continue, given the significant contribution it ridians proud. I ask my colleagues to join me The Keystone Pipeline project would have would make to the United States and Canada. in recognizing USF’s exceptional achieve- the capacity to deliver up to 900,000 barrels of While the Chinese government has ensured ments.

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.015 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 2, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E123 HONORING THE NATIONAL trolling pandemic and large-scale outbreaks of of these dedicated advocates for our nation’s ACADEMY OF INVENTORS disease has become more problematic. veterans is truly a cause for celebration. Furthermore, wildlife veterinarians have the Jewish Americans have a long, rich history HON. GUS M. BILIRAKIS resources and expertise necessary to help re- of service in our armed forces. Over half a mil- lion Jewish Americans fought for the United OF FLORIDA spond to environmental disasters and address States in World War II, and 11,000 of them IN THE HOUSE OF REPRESENTATIVES short-term and long-term impacts on wildlife and their habitats. Wildlife veterinarians have perished while fighting for this country. Jewish Thursday, February 2, 2012 proven to be essential to the rescue and reha- Americans have served in Korea, Vietnam, Mr. BILIRAKIS. Mr. Speaker, I rise today to bilitation efforts in the Gulf of Mexico region Operation Desert Storm, and countless other honor the National Academy of Inventors, following the Deepwater Horizon oil spill that missions around the globe. They are among which was founded at the University of South began on April 20, 2010. the brave young men and women who served Florida in Tampa in 2010. Working in collabo- In spite of these threats to both wildlife and in the aftermath of the September 11th at- ration with the university, the mission of the public health, the United States faces a short- tacks, and who are serving in Afghanistan as National Academy of Inventors is to recognize age of positions for wildlife veterinarians. In we speak. For the past 83 years, JWV’s mis- and encourage inventors, add to the visibility addition, veterinarian graduates owe an aver- sion has been to support for these heroes, of innovation and technology stemming from age of $130,000 in student loans, and salaries strengthen the American values of liberty and the university, and to educate and encourage for wildlife professionals are relatively low equality, and to combat bigotry and anti-Semi- innovative students to create and patent in- compared to companion animal medicine. tism. ventions that are beneficial to all of society. Lower salaries, combined with high edu- Elaine Bernstein has played a vital role in I am certainly proud of the research under cational debt and the small number of posi- advancing JWV’s mission across the country. way in my backyard at the University of South tions available, discourage students from be- She began her career of volunteerism at the Florida. More importantly, their efforts are coming wildlife veterinarians. The number of tender age of four, when she became a mas- training our nation’s future researchers and practical trainings and formal educational pro- cot for her local Auxiliary junior division. After innovators to keep the United States on the grams specializing in wildlife and zoological a lifetime of dedicated service, Elaine was cutting edge, particularly in the health field. In veterinary medicine are also insufficient. elected President of JWV in August of 2011. fact, USF was among 14 universities listed in My bill will directly address these issues I am humbled to welcome this accomplished the top 300 organizations worldwide to receive which dissuade veterinarians from practicing leader to Florida’s 19th district, which I am patents from the United States Patent and wildlife medicine. It will contribute to the na- proud to say is home to one of our nation’s Trade Office in 2010. tional job creation effort by funding new posi- largest chapters of the Jewish War Veterans Though USF houses the National Academy tions for wildlife veterinarians and will ensure of America. It is a privilege to represent members of the of Inventors, universities and nonprofit re- that veterinary students find jobs upon gradua- Department of Florida Ladies Auxiliary, who search institutions throughout the nation and tion. The bill will also limit the amount of edu- share the belief that in America, no veteran world are also invited to form local chapters, cational debt for students while providing in- should become a forgotten hero. Because of and inventors affiliated with the academic centives to study and practice wildlife veteri- their work with the Jewish War Veterans of the community supporting the local chapter, who nary medicine through the establishment of United States of America, our people will con- have had a patent issued by the United States scholarships and loan repayment programs. tinue to honor the contributions of the Jewish Patent and Trademark Office, are eligible to Lastly, my legislation will advance education American men and women who for centuries join. Thus far, 29 local chapters have formed. by helping schools develop pilot curricula spe- have not only shaped our national culture, but I truly applaud the work of the National cializing in wildlife veterinary medicine and by defended our people in times of great chal- Academy of Inventors for encouraging teach- expanding the number of practical training pro- lenge. ers, faculty, and students to push their re- grams available to students. search efforts and find new and better tech- Mr. Speaker, we have reached a point in f nology and solutions. I look forward to watch- our history when we cannot ignore the impor- BIKERS AGAINST CHILD ABUSE ing them continue to expand and set a na- tance of protecting America’s wildlife. Wild ani- tional climate favorable to the research and mals are a very important part of our com- HON. TED POE entrepreneurship community. monly held natural resources and contribute to OF TEXAS f maintaining a balanced ecosystem. With an in- IN THE HOUSE OF REPRESENTATIVES creasing number of endangered species, the Thursday, February 2, 2012 ON REINTRODUCING THE WILD- introduction of invasive non-native species, LIFE VETERINARIANS EMPLOY- and more infectious disease threats, wildlife Mr. POE of Texas. Mr. Speaker, over 3 mil- MENT AND TRAINING ACT (WILD- veterinarians must be placed at the core of lion cases of child abuse are reported every LIFE VET ACT) our efforts and be given the resources and year in the United States; some reports in- recognition necessary to protect both animal volve multiple children. These children are 11 HON. ALCEE L. HASTINGS and human lives. times more likely to be arrested for criminal OF FLORIDA I urge my colleagues to extend a helping behavior as juveniles, and they are 2.7 times IN THE HOUSE OF REPRESENTATIVES hand to America’s veterinarians by supporting more likely to be arrested for violent and crimi- nal charges as an adult. One-third-of these Thursday, February 2, 2012 this important piece of legislation. f same children are likely to grow up to abuse Mr. HASTINGS of Florida. Mr. Speaker, I or neglect their own children. Child abuse is rise today to reintroduce the Wildlife Veterinar- HONORING THE CONTRIBUTIONS an ugly reality in the fabric of our society, and ians Employment and Training Act (Wildlife OF ELLEN BERNSTEIN, NA- abuse against children is among the most hei- VET Act). This legislation will develop afford- TIONAL PRESIDENT OF THE LA- nous crimes committed in our nation. I’d like to able and well qualified opportunities for indi- DIES AUXILIARY AND JEWISH honor a group of individuals who are dedi- viduals who are seeking to become wildlife WAR VETERANS OF THE UNITED cated to establishing security for these chil- veterinarians, spur job growth, and promote STATES OF AMERICA dren, while demonstrating a new standard of robust public health policy. sacrificial giving. Wildlife veterinarians are the primary source HON. THEODORE E. DEUTCH Bikers Against Child Abuse, BACA was of essential health care for and management OF FLORIDA founded by John Paul Lily, a clinical sociolo- of wild animals in their natural habitat and in IN THE HOUSE OF REPRESENTATIVES gist. Mr. Lily wanted to bring an abused eight captivity. Not only do they preserve natural re- year old boy out of his shell and succeeded by sources and animal lives, but they help protect Thursday, February 2, 2012 bringing him into his circle of motorcycle human health by preventing, detecting, and re- Mr. DEUTCH. Mr. Speaker, I rise today in friends. This group of unconventional child ad- sponding to exotic and dangerous diseases. honor of Elaine Bernstein, National President vocates allowed for this young boy to experi- With the intensification of globalization and of the Ladies Auxiliary Department of the Jew- ence a second chance at an unhindered child- climate change, along with a growing interface ish War Veterans of the United States of hood. Soon, Mr. Lily was inspired to organize between humans, livestock, and wildlife, the America (JWV), on the occasion of her official a ride to visit mistreated children and to wel- threat posed by emerging infectious diseases visit to the dedicated members of the Depart- come them into the biker ‘‘family.’’ This inau- to humans and wildlife keeps increasing. Con- ment of Florida Ladies Auxiliary. The gathering gural ride had 27 riders, but word spread

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.016 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E124 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2012 quickly and the movement evolved. Today, Judge Pittman exchanged his State Circuit component in the growth of new industries in this group is in full operation across the coun- judgeship robe for one on the federal bench the Tampa Bay area and I am glad that their try and has chapters in 5 other countries. after he was appointed by President Lyndon important work is being recognized. Local chapters work largely through other Johnson. His career as a federal judge en- USF has shown a commitment to encour- child advocacy organizations to launch their compassed service in the Middle and South- aging innovation not only on their campus, but ‘‘missions,’’ which help children break the ern Districts of Alabama, spanning 40 years. also throughout the academic community and, chains of abuse by moving beyond the limits In 1971, Judge Pittman became the chief in 2010, founded the National Academy of In- of fear from past mistreatment. judge of the federal court in Mobile. He was ventors, NAI. Upon founding, 131 members A typical ‘‘mission’’ for these children’s never one to shy away from taking tough posi- joined as Charter Members and since then 24 rights advocates begins with a dispatch from tions that he believed were right. This made affiliate chapters have been founded at higher an established organization, with the pre- him unpopular with those who opposed his learning institutions around the world, with screened verification in the BACA system. The strong stance against Mobile’s then citywide over 500 individual members. The researchers first meeting is similar to the inaugural model commission form of government. Judge Pitt- at our colleges and universities often do not in which local chapter members will ride over man believed the old system was unfair to non receive the attention they deserve and this to welcome the child into the ‘‘family.’’ These whites and those without political influence. He non-profit organization works to recognize re- knights on shiny motorcycles become a much stood his ground and in the end prevailed. searchers at universities and their affiliated in- needed lifeline for these frightened children. There were times when Judge Pittman’s rul- stitutions who translate their findings into in- There are two members of the group that are ings drew criticism from local politicians and ventions that may benefit society. assigned to the child as consistent sources of the press, but his determination never Since the establishment of our Nation, the stability. These pioneering bikers then become wavered. The Mobile Press-Register recently United States has recognized the important visible in any area that the child may need editorialized that Pittman brought many role that innovation plays in growth and devel- them ranging from day-to-day errands to court changes to the city, noting he ‘‘changed Mo- opment. Our Nation’s Founders were wise appearances. These children no longer have bile for the better and forever.’’ enough to include protection for intellectual to live in fear of their abuser because they are If Judge Pittman was an outspoken advo- property rights in Article 1, Section 8 of the empowered through the newly formed camara- cate for civil rights and equal justice for our United States Constitution and every day new derie with their family at BACA. community he was also a man solely devoted advances are being made throughout the The organization’s creed is a great testa- to public service. In all, he sat on the bench country that may one day improve our quality ment to the outstanding make up of these indi- for 55 years, taking great pride in his vocation of life, spur economic growth, and lead to new viduals. In this creed, they denounce the need and seeking little reward other than the knowl- technologies. We must continue to support in- for popularity or position, they refuse the right edge that he did what was right. stitutions like USF that promote and encour- to be right, praised, or recognized. Instead On behalf of the people of South Alabama, age advances in research, especially when it they, ‘‘won’t give up, shut up, let up, until they I would like to extend my condolences to his leads to the awarding of new patents. have stayed up, stored up, prayed up, paid wife, Lily Lea, their children, Karen, Lee, Joe, I am privileged to represent the students, up, and showed up for all wounded children. Walter, and Lea, and their many grandchildren teachers, and faculty at USF and extend my They must go until they drop, ride until they and friends. You are all in our thoughts and congratulations to the University’s current and give out, and work till He stops me.’’ These prayers. future patent holders. I ask my colleagues to men and women are crusaders that provide f join with me today in recognizing their attention to a much needed and too often for- achievements and wish USF continued suc- gotten cause. I commend the selfless action of RECOGNIZING THE UNIVERSITY OF cess in the future. SOUTH FLORIDA FOR THEIR this organization and celebrate the life chang- f ing difference that they’ve made in the lives of COMMITMENT TO INNOVATION children. IN RECOGNITION OF JAMES BELL And that’s just the way it is. HON. C.W. BILL YOUNG ON THE OCCASION OF HIS RE- TIREMENT f OF FLORIDA IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO JUDGE VIRGIL Thursday, February 2, 2012 HON. DANNY K. DAVIS PITTMAN OF ILLINOIS Mr. YOUNG of Florida. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to recognize the important contribution HON. JO BONNER Thursday, February 2, 2012 OF ALABAMA United States educational institutions have IN THE HOUSE OF REPRESENTATIVES made to innovation and discovery and to con- Mr. DAVIS of Illinois. Mr. Speaker, I am gratulate the 13 American universities who pleased to recognize one of my constituents Thursday, February 2, 2012 were on the list of the top 300 organizations from Chicago, James Bell, as he retires from Mr. BONNER. Mr. Speaker, I rise to add my to receive patents from the U.S. Patent and The Boeing Company after 40 years of service voice with many across South Alabama who Trademark Office in 2010. to Boeing and its heritage companies. James are mourning the loss of a remarkable jurist I am honored to represent one of these uni- is retiring as corporate president and chief fi- who left an indelible mark on our community. versities, the University of South Florida, USF, nancial officer of Chicago-based Boeing, the Judge Virgil Pittman recently passed away at whose researchers and students were award- world’s largest aerospace company and Amer- the age of 95. ed 83 patents that year. Founded in 1956, ica’s biggest manufacturing exporter. He is the Born in 1916 in Coffee County in Southeast USF is currently comprised of four member in- highest-ranking African-American employee in Alabama where he picked cotton as a young stitutions, located in Tampa, St. Petersburg, the company’s nearly 100 years of history. His man, the future state and federal judge spent Sarasota-Manatee, and Lakeland, FL. One of legacy at Boeing transcends race and reflects his life devoted to fairness for all. Florida’s leading academic institutions, USF is a record of accomplishment, service, and Before he began his legal journey, Judge classified by the Carnegie Foundation for the leadership that came during a time of signifi- Pittman graduated from Enterprise High Advancement of Teaching in the top tier of re- cant change. During Bell’s career, Boeing ex- School, the University of Alabama and the search universities, a distinction attained by panded from being primarily a commercial air- University of Alabama Law School. Upon com- only 2.2 percent of all universities. plane manufacturer to a company with a di- pletion of his studies, he served as a special The patents awarded to USF in 2010 cover verse portfolio of commercial, military, and civil agent with the Federal Bureau of Investigation. a wide range of disciplines and could poten- products and businesses. Boeing’s workforce, After three years with the Bureau, he an- tially lead to better health care, new fuel cell which includes over 170,000 employees, also swered his nation’s call to service in World technologies, improved air purification systems has become more diverse, and James helped War II, donning the uniform of a United States and even future amusement park rides. USF to make it so. James played a critical role in Navy Lieutenant Junior Grade. also distinguishes itself as the second most ef- shaping this diverse workforce, sharing his life Returning stateside after the war, Judge ficient university in research expenditures per experiences, modeling outstanding leadership Pittman practiced law in Gadsden, Alabama, patent. This means that USF effectively uses and mentoring others to become the leaders for six years before assuming the post of their limited research funding in the develop- of tomorrow. Judge of Alabama’s Seventeenth Judicial Cir- ment of new patentable products. The Univer- James Bell grew up in south central Los An- cuit, a position he held for 16 years. In 1966, sity’s focus on quality research is a major geles, the youngest of four children of Clyde

VerDate Mar 15 2010 04:02 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.019 E02FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 2, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E125 Bell, a postman, and Mamie, a county govern- Today, it is $15,330,778,119,850.60. We’ve FISCAL RESPONSIBILITY AND RE- ment clerk. During Bell’s junior year at Jeffer- added $10,529,372,944,556.32 dollars to our TIREMENT SECURITY ACT OF son High School in 1965, the Watts neighbor- debt in 16 years. This is $10 trillion in debt our 2011 hood erupted in rioting. Though sympathetic to nation, our economy, and our children could the frustration and despair that sparked the ri- have avoided with a balanced budget amend- SPEECH OF oting, James reacted to the sad destruction by ment. HON. DONALD M. PAYNE committing himself to self improvement. He re- OF NEW JERSEY alized that education was the path to future f IN THE HOUSE OF REPRESENTATIVES success. In his senior year at Jefferson, Bell was elected student body president in part PERSONAL EXPLANATION Wednesday, February 1, 2012 due to his interest in helping the school retain The House in Committee of the Whole students and convincing them of the value of HON. GWEN MOORE House on the state of the Union had under education. James studied hard and earned a OF WISCONSIN consideration the bill (H.R. 1173) to repeal the CLASS program: partial scholarship to California State Univer- IN THE HOUSE OF REPRESENTATIVES sity at Los Angeles, where he majored in ac- Mr. PAYNE. Madam Chair, I rise today in counting. Thursday, February 2, 2012 opposition to H.R. 1173. While my Republican James has come a long way since his child- Ms. MOORE. Mr. Speaker, on Wednesday, colleagues see H.R. 1173 as a solution to the hood, but he has stayed close to his roots and February 1, I inadvertently missed the vote on Department of Health and Human Services’ to his extended, close-knit family. In his first rollcall 20 (H.R. 3567, the Welfare Integrity letter to Congress about the CLASS Act, I management job, he learned that he would be Now for Children and Families Act). If I had strongly contend that repeal is not the answer. supervising several women, all of whom were been present I would have voted ‘‘no.’’ According to the Department’s announcement, older than him, so he reached out to his moth- there is no viable way forward to implement er for advice. ‘‘Always respect them as you f the CLASS Act at this time but families im- would me, and you’ll be all right,’’ she coun- pacted by accidents and illnesses are also PERSONAL EXPLANATION seled him. Following that advice served him without a viable way forward to meet long- well. Bell began his career as a staff account- term care needs. The cost of long-term care ant with Rockwell in 1972, after earning his HON. CATHY McMORRIS RODGERS can be extremely taxing. In 2010, the private- bachelor’s degree in accounting. He rose OF WASHINGTON pay rate for a semiprivate room in a nursing steadily, serving in positions of increasing re- IN THE HOUSE OF REPRESENTATIVES home averaged $205 per day, or about sponsibility including manager of accounting Thursday, February 2, 2012 $75,000 per year. In comparison, the median and, later, director of business management of total household income for elderly Social Se- the Space Station Electric Power System be- Mrs. MCMORRIS RODGERS. Mr. Speaker, curity beneficiaries in 2008 was $20,000 per fore becoming vice president in 1996, when on rollcall No. 20, had I been present, I would year. The CLASS Act was established as part Boeing acquired Rockwell’s aerospace busi- have voted ‘‘yea.’’ of the Affordable Care Act in response to the ness. As vice president of contracts and pric- growing number of citizens with long-term ing for Boeing Space and Communications, f health care needs and the repeal of this act Bell oversaw policy direction, acquisition re- would only impose enormous financial, emo- form, new business opportunities and program CONGRATULATING THE HUMANE SOCIETY OF SOUTHERN ARIZONA tional and physical burdens on these citizens. performance, and he also served in business This is an issue that affects every American management roles for the International Space ´ family. No one regardless of class, race or Station program. HON. RAUL M. GRIJALVA creed is exempt from a potential accident or James was named chief financial officer of OF ARIZONA illness requiring long-term care. It is estimated Boeing in 2003, a position he held until his re- IN THE HOUSE OF REPRESENTATIVES that 15 million Americans will need some kind tirement. In addition to his CFO duties, he of long-term care by 2020, but fewer than served as chief executive officer of the com- Thursday, February 2, 2012 three percent have a long-term care policy. pany for several months in 2005 following the Mr. GRIJALVA. Mr. Speaker, I rise today to We should not abandon this effort, rather Con- resignation of Boeing’s top leader. As the chief recognize The Humane Society of Southern gress should come together to find a sustain- financial officer, James was responsible for Arizona, which provides services in my district, able solution to address this challenge. overall financial management of the company, and the American Society for the Prevention f including oversight of business performance, of Cruelty to Animals (ASPCA) for their efforts financial reporting and transparency, and mul- to help save the lives of shelter animals in the CASE KEENUM—QUARTERBACK tiple corporate functions including for example Tucson area. The ASPCA has awarded a Controller, Treasury, Investor Relations, Plan- $10,000 grant to The Humane Society of HON. TED POE ning and Contracts and Pricing. Under James’ Southern Arizona to support their hard work OF TEXAS watchful eye and steady hand, Boeing’s an- and innovation in finding homes for animals. IN THE HOUSE OF REPRESENTATIVES nual revenues have grown to nearly $70 bil- The Humane Society of Southern Arizona is lion. While his leadership will be missed, one of 56 animal rescue organizations nation- Thursday, February 2, 2012 James will remain active in Chicago, serving wide that are receiving grant funding for the Mr. POE of Texas. Mr. Speaker, there are on the board of directors of J. P. Morgan, Dow ASPCA’s ‘‘Mega Match-a-thon’’ event, which entire professions devoted to analyzing foot- Chemical Company, and The Chicago Urban will take place this spring. The ASPCA is ball statistics. Yards after catch, passer rating, League. granting nearly half a million dollars to support and value over replacement are just a few of I am honored to celebrate the achievements a host of large-scale adoption events nation- the endless minutia studied at a scholar-like of Mr. Bell and am hopeful for a prosperous wide in an effort to save more lives of shelter level. But at the end of the day, the only sta- and active retirement. animals. tistic that matters is winning. Today I am f Over its 145 year history, it has been a pri- proud to pay tribute to one of the greatest win- OUR UNCONSCIONABLE NATIONAL ority of the ASPCA to help create a nation of ners in college football history, record-breaking DEBT humane communities; places where homeless quarterback Case Keenum from the University animals are not killed simply because of the of Houston Cougars. lack of space or resources. The Humane Soci- Case was born in Abilene, TX, with football HON. MIKE COFFMAN ety of Southern Arizona shares this commit- in his blood. His father played for and would OF COLORADO ment to the humane treatment of animals and later go on to coach McMurry University in Ab- IN THE HOUSE OF REPRESENTATIVES stands as an example for communities and ilene. Abilene is in the heart of west Texas— Thursday, February 2, 2012 shelters nationwide. where football—especially high school foot- Mr. COFFMAN of Colorado. Mr. Speaker, On behalf of the citizens and animals of Ari- ball—is regarded by some as almost a reli- on January 26, 1995, when the last attempt at zona, I am proud to congratulate both The Hu- gion. I attended Abilene Christian University a balanced budget amendment passed the mane Society of Southern Arizona and the and witnessed the local high school teams House by a bipartisan vote of 300–132, the ASPCA for their continued commitment to pro- play hard on the gridiron during ‘‘Friday Night national debt was $4,801,405,175,294.28. tecting animals. Lights.’’

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After lis- holds nearly every NCAA career passing pating in an AAU tumbling competition at the tening to other schools, he chose to attend the record, including passing yardage, total of- 1934 Chicago World’s Fair, and later stood out University of Houston. fense, touchdown passes, total touchdowns, as a star player on the Murphy High football Case was entangled in a competition for the and completions. He won 41 of the 57 games team. He was named to the All-City Team and starting position in 2007 after redshirting his that he participated. He won the Conference Murphy’s Hall of Fame. freshman year. Keenum shared time and USA Most Valuable Player award twice, as he Upon graduation in 1942, he joined the played in all 13 games that year, starting in 7. also did the Sammy Baugh Trophy, awarded Navy, serving his country during World War II. He won the starting position by the end of the to the nation’s top college passer. This week- After returning home from the war, he at- season. It was his team now and he took the end he will be one of twelve players chosen tended the University of Alabama where once opportunity and ran. The 2008 season, Case’s to highlight their skills at the Super Bowl Sun- again he put his athletic talents to good use. first full year as a starter, was a monumental day All Star Challenge in front of a worldwide He was selected as starting fullback for the one. He became the second quarterback in audience. Crimson Tide for four seasons, and played in school history to pass for over 5,000 yards. Case’s success was not limited to the grid- both the 1946 Rose Bowl and the 1948 Sugar The team beat two nationally ranked oppo- iron. He was named to the Conference USA Bowl. nents and won its first bowl game in over 25 Academic All-Conference selection twice, After earning his bachelor’s degree in 1950, years. Case’s star was on the rise and the thanks to his 3.8 GPA earned while working Judge Noonan also pursued and received a University of Houston was back in the national towards his graduate degree in Sports Admin- law degree from the University of Alabama. conversation. istration. He was a five time Conference USA He accomplished this goal while also serving After all the success in 2008, the lights Commissioner’s Honor Roll member. would be brighter on Case and the Cougars in Every so often, a player comes around that as the University’s freshman football coach. 2009 than ever before, and they rose to the redefines what it means to be a leader. He later earned a Masters in Economics at occasion. They defeated the then-#5 ranked Thanks to his internal fortitude, Case Keenum Alabama. Oklahoma State Cowboys, which propelled the played an important role in the rebirth of the After completing his education, he worked team in the AP rankings for the first time in University of Houston Cougar football team. from 1953 to 1980 at Merchant’s National over 20 years, and also upset Texas Tech and He has shown that hard work and persever- Bank in Mobile where he served as a Vice Mississippi State. They finished 10–4 and as ance can turn a pretender into a contender. I President and Trust Officer. He ran success- Conference USA Western Division Co-Cham- proudly congratulate Case on all of his accom- fully for Alabama State Senate District 24, pions. Case had another impressive year, fin- plishments and wish him the best of luck in holding office from 1971 to 1978. In 1983, he ishing with over 5,800 yards of total offense the future. was elected Probate Judge of Mobile County, and 48 touchdowns. And that’s just the way it is. serving until his retirement in 2001. 2010 was to be the year that Case broke During his public service, Judge Noonan numerous NCAA Division 1 passing records f was instrumental in the creation of the Univer- and put the Houston Cougars into the Bowl TRIBUTE TO LIONEL WINSTON sity of South Alabama College of Medicine Championship Series picture. The team was ‘‘RED’’ NOONAN and the construction of the Theodore Industrial nationally ranked in several preseason polls Canal and the Alabama State Docks Bulk Ma- and Case was awarded the Conference USA HON. JO BONNER terial Handling Plant. Preseason Player of the Year. However, just OF ALABAMA He didn’t stop there, however. He served on three games into the season, Keenum tore his IN THE HOUSE OF REPRESENTATIVES ACL. His season was done, and the team fin- numerous local and state organizations, in- ished at 5–7. This was not the end that Case Thursday, February 2, 2012 cluding as President of the Alabama Probate or Coach Kevin Sumlin and the Cougars envi- Mr. BONNER. Mr. Speaker, I rise to pay Judge’s Association, President of the Trust Di- sioned. tribute to former Mobile County Probate Judge vision of the Alabama Bankers Association, Case was awarded a rare 6th year of eligi- and former State Senator Lionel ‘‘Red’’ President of the Estate Planning Council of bility for the 2011 season, allowing him to re- Noonan, a much beloved citizen of South Ala- Mobile, Member of the Board of Directors of turn to Houston and complete his college jour- bama, who recently passed away at the age the Alabama Sports Hall of Fame, member of ney on his terms. No one could have pre- of 86. the Mobile Racing Commission and President dicted how successful Case and the team When we think of a public servant, we often of the University of Alabama ‘‘A’’ Club, to would be. The team once again started the have a mental image of someone who dutifully name but a few. He was named to the Mobile season nationally ranked and would go on to performs their job over many years for the Sports Hall of Fame in 2001. finish 12–0 in the regular season. This was good of the people. While there are many To say Mobile will miss Judge Noonan’s the first time in the 66-year history of the pro- public servants in our land, few can match the tireless leadership and exuberance for com- gram that the team finished the regular sea- level of selfless dedication of Judge Red munity service is an understatement. On be- son undefeated and untied. They closed out Noonan. He possessed an indomitable enthu- half of the people of South Alabama I wish to the year with a victory over the Penn State siasm for life and for helping others. Always extend condolences to his beloved wife of 61 Nittany Lions in the TicketCity Bowl and a wearing a smile and always looking to make years, Ruby Noonan of Fairhope, their chil- ranking of 18th in the AP Poll. The Houston things better for our community, that is how he dren, Ruth, Rusty, Kelly, and grandchildren Cougars led the nation with 8,387 yards of will be remembered. and many friends. You are all in our prayers.

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HIGHLIGHTS Senate passed S. 2038, Stop Trading on Congressional Knowledge (STOCK) Act, as amended. Senate that the requirement of a 60 affirmative vote thresh- Chamber Action old, be vitiated.) Pages S291, S297–98, S302 Routine Proceedings, pages S283–S328 Gillibrand (for Portman) Amendment No. 1505 Measures Introduced: Eight bills and one resolu- (to Amendment No. 1470), to clarify that political tion were introduced, as follows: S. 2062–2069, and intelligence includes information gathered from exec- S. Res. 367. Page S323 utive branch employees, Congressional employees, and Members of Congress. (A unanimous-consent Measures Passed: agreement was reached providing that the require- Stop Trading on Congressional Knowledge ment of a 60 affirmative vote threshold, be vitiated.) (STOCK) Act: By 96 yeas to 3 nays (Vote No. 14), Pages S297–99, S302 Senate passed S. 2038, to prohibit Members of Con- Collins (for Enzi) Amendment No. 1510 (to gress and employees of Congress from using non- Amendment No. 1470), to clarify that the trans- public information derived from their official posi- action reporting requirement is not intended to tions for personal benefit, after taking action on the apply to widely held investment funds. Page S302 following amendments proposed thereto: Blumenthal/Kirk Amendment No. 1498 (to Pages S290–S315 Amendment No. 1470), to amend title 5, United Adopted: States Code, to deny retirement benefits accrued by Reid (for Lieberman) Amendment No. 1482 (to an individual as a Member of Congress if such indi- Amendment No. 1470), to make a technical amend- vidual is convicted of certain offenses. (A unanimous- consent agreement was reached providing that the ment to a reporting requirement. Pages S290, S299 requirement of a 60 affirmative vote threshold, be By 81 yeas to 18 nays (Vote No. 6), Gillibrand vitiated.) Pages S291, S302 (for Lieberman) Amendment No. 1511 (to Amend- McCain Amendment No. 1471 (to Amendment ment No. 1470), to extend the STOCK Act to en- No. 1470), to protect the American taxpayer by pro- sure that the reporting requirements set forth in the hibiting bonuses for Senior Executives at Fannie Mae STOCK Act apply to the executive branch and inde- and Freddie Mac while they are in conservatorship. pendent agencies. Pages S298–99, S300–01 (A unanimous-consent agreement was reached pro- By 58 yeas to 41 nays (Vote No. 7), Shelby Modi- viding that the requirement of a 60 affirmative vote fied Amendment No. 1491 (to Amendment No. threshold, be vitiated.) Pages S290, S304 1470), to extend the STOCK Act to ensure that the Leahy/Cornyn Amendment No. 1483 (to Amend- reporting requirements set forth in the STOCK Act ment No. 1470), to deter public corruption. (A apply to the executive branch and independent agen- unanimous-consent agreement was reached providing cies. Pages S291, S297, S301 that the requirement of a 60 affirmative vote thresh- Boxer/Isakson Modified Amendment No. 1489 (to old, be vitiated.) Pages S290, S304–07 Amendment No. 1470), to require full and complete By 60 yeas to 39 nays (Vote No. 12), Grassley public disclosure of the terms of home mortgages Amendment No. 1493 (to Amendment No. 1470), held by Members of Congress, the President, the to require disclosure of political intelligence activi- Vice President, and executive branch officers nomi- ties under Lobbying Disclosure Act of 1995. (A nated or appointed to a position by the President, by unanimous-consent agreement was reached providing and with the advice and consent of the Senate. (A that the amendment, having achieved 60 affirmative unanimous-consent agreement was reached providing votes, be agreed to.) Pages S295–97, S308–09 D69

VerDate Mar 15 2010 05:20 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE2.REC D02FEPT1 pwalker on DSK7TPTVN1PROD with DIGEST D70 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2012 Reid Amendment No. 1470, in the nature of a Withdrawn: substitute. Page S290 Brown (OH) Amendment No. 1478 (to Amend- Rejected: ment No. 1470), to change the reporting require- By 37 yeas to 61 nays (Vote No. 4), Paul Amend- ment to 10 days. Pages S290, S299 ment No. 1484 (to Amendment No. 1470), to re- Thune Amendment No. 1477 (to Amendment quire Members of Congress to certify that they are No. 1470), to direct the Securities and Exchange not trading using material, non-public information. Commission to eliminate the prohibition against Pages S290, S299–S300 general solicitation as a requirement for a certain ex- By 48 yeas to 51 nays (Vote No. 5), Paul Amend- emption under Regulation D. Pages S290, S299 ment No. 1487 (to Amendment No. 1470), to pro- Coburn/McCain Amendment No. 1474 (to hibit executive branch appointees or staff holding Amendment No. 1470), to require that all legisla- positions that give them oversight, rule-making, tion be placed online for 72 hours before it is voted loan or grant-making abilities over industries or on by the Senate or the House. Pages S290, S299 companies in which they or their spouse have a sig- nificant financial interest. (A unanimous-consent Coburn Amendment No. 1476, in the nature of agreement was reached providing that the amend- a substitute. Pages S290, S299 ment, having failed to achieve 60 affirmative votes, Paul Amendment No. 1490 (to Amendment No. the amendment was not agreed to.) Pages S290, S300 1470), to require former Members of Congress to By 40 yeas to 59 nays (Vote No. 8), Toomey forfeit Federal retirement benefits if they work as a Amendment No. 1472 (to Amendment No. 1470), lobbyist or engage in lobbying activities. to prohibit earmarks. (A unanimous-consent agree- Pages S291, S299 ment was reached providing that the amendment, Tester/Toomey Amendment No. 1492 (to Amend- having failed to achieve 60 affirmative votes, the ment No. 1470), to amend the Securities Act of amendment was not agreed to.) 1933 to require the Securities and Exchange Com- Pages S290, S291–92, S302–04 mission to exempt a certain class of securities from By 26 yeas to 73 nays (Vote No. 9), Inhofe/ such Act. Pages S291, S299 Hutchison Amendment No. 1500 (to Amendment Tester/Cochran Amendment No. 1503 (to No. 1470), to prohibit unauthorized earmarks. (A Amendment No. 1470), to require Senate candidates unanimous-consent agreement was reached providing to file designations, statements, and reports in elec- that the amendment, having failed to achieve 60 af- tronic form. Pages S291, S299 firmative votes, the amendment was not agreed to.) Paul Modified Amendment No. 1485 (to Amend- Pages S291, S292–95, S304 ment No. 1470), to extend the transaction reporting By 60 yeas to 39 nays (Vote No. 10), two-thirds requirement to judicial officers and senior executive of the Senators voting not having voted in the af- branch employees. Pages S290, S297–98, S301 firmative, Coburn Amendment No. 1473 (to Amendment No. 1470), to prevent the creation of National Mentoring Month: Senate agreed to S. duplicative and overlapping Federal programs, was Res. 367, designating January 2012 as ‘‘National not agreed to. Pages S290, S307–08 Mentoring Month’’. Page S327 By 24 yeas to 75 nays (Vote No. 11), DeMint Reporting Authorization—Agreement: A unani- Amendment No. 1488 (to Amendment No. 1470), mous-consent agreement was reached providing that to express the sense of the Senate that the Senate notwithstanding the adjournment of the Senate, the should pass a joint resolution proposing an amend- Committee on Environment and Public Works be ment to the Constitution that limits the numbers of authorized to report legislation on Friday, February terms a Member of Congress may serve. (A unani- 3, 2012 from 12 p.m. to 2 p.m. Page S327 mous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirma- FAA Reauthorization and Reform Act Con- tive votes, the amendment was not agreed to.) ference Report—Agreement: A unanimous-con- Pages S291, S308 sent-time agreement was reached providing that at 3 By 26 yeas to 73 nays (Vote No. 13), Brown p.m., on Monday, February 6, 2012, Senate begin (OH)/Merkley Modified Amendment No. 1481 (to consideration of the conference report to accompany Amendment No. 1470), to prohibit financial con- H.R. 658, to amend title 49, United States Code, to flicts of interest by Senators and staff. (A unanimous- authorize appropriations for the Federal Aviation Ad- consent agreement was reached providing that the ministration for fiscal years 2011 through 2014, to amendment, having failed to achieve 60 affirmative streamline programs, create efficiencies, reduce votes, the amendment was not agreed to.) waste, and improve aviation safety and capacity, to Pages S290, S295, S309

VerDate Mar 15 2010 05:20 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE2.REC D02FEPT1 pwalker on DSK7TPTVN1PROD with DIGEST February 2, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D71 provide stable funding for the national aviation sys- bill entitled, ‘‘Federal Public Transportation Act of tem; that there be up to two and a half hours of de- 2012’’. bate on the conference report, equally divided be- BUDGET AND ECONOMIC OUTLOOK tween the two Leaders, or their designees, prior to a vote on adoption of the conference report; and that Committee on the Budget: Committee concluded a hear- the vote on adoption be subject to a 60 affirmative ing to examine the budget and economic outlook, vote threshold. Page S327 focusing on fiscal years 2012–2022, after receiving testimony from Douglas W. Elmendorf, Director, Nominations Received: Senate received the fol- Congressional Budget Office. lowing nominations: Michael P. Shea, of Connecticut, to be United BLUE RIBBON COMMISSION ON AMERICA’S States District Judge for the District of Connecticut. NUCLEAR FUTURE Stephanie Marie Rose, of Iowa, to be United Committee on Energy and Natural Resources: Committee States District Judge for the Southern District of concluded a hearing to examine the final report of Iowa. the Blue Ribbon Commission on America’s Nuclear Louise W. Kelton, of Tennessee, to be United Future, after receiving testimony from former Sen- States Marshal for the Middle District of Tennessee ator Pete Domenici, Member, and former Represent- for the term of four years. ative Lee Hamilton, and General Brent Scowcroft, Jamie A. Hainsworth, of Rhode Island, to be USAF (Ret.), both a Co-Chairman, all of the Blue United States Marshal for the District of Rhode Is- Ribbon Commission on America’s Nuclear Future. land for the term of four years. 2 National Oceanic and Atmospheric Administra- INNOVATIONS IN COLLEGE tion nominations in the rank of admiral. AFFORDABILITY Routine lists in the Foreign Service. Page S328 Committee on Health, Education, Labor, and Pensions: Messages from the House: Page S321 Committee concluded a hearing to examine innova- tions in college affordability, after receiving testi- Measures Referred: Pages S321–22 mony from Martha Kanter, Under Secretary of Edu- Measures Read the First Time: Page S322 cation; Kevin Carey, Education Sector, Washington, Executive Communications: Page S322 D.C.; Charlie Earl, Washington State Board for Community and Technical Colleges, Olympia; Rob- Executive Reports of Committees: Pages S322–23 ert W. Mendenhall, Western Governors University, Additional Cosponsors: Page S323 Salt Lake City, Utah; and Carol E. Quillen, David- Statements on Introduced Bills/Resolutions: son College, Davidson, North Carolina, on behalf of Pages S323–26 the National Association of Independent Colleges and Universities. Additional Statements: Pages S320–21 INDIAN AFFAIRS BILLS Amendments Submitted: Pages S326–27 Committee on Indian Affairs: Committee concluded a Authorities for Committees to Meet: Page S327 hearing to examine S. 1739, to provide for the use Record Votes: Eleven record votes were taken and distribution of judgment funds awarded to the today. (Total—14) Minnesota Chippewa Tribe by the United States Pages S300, S301, S304, S308, S309, S310 Court of Federal Claims in Docket Numbers 19 and Adjournment: Senate convened at 9:30 a.m. and 188, S. 356, to amend the Grand Ronde Reservation adjourned at 6:46 p.m., until 2 p.m. on Monday, Act to make technical corrections, and S. 908, to February 6, 2012. (For Senate’s program, see the re- provide for the addition of certain real property to marks of the Majority Leader in today’s Record on the reservation of the Siletz Tribe in the State of Or- page S328.) egon, after receiving testimony from Senator Merkley; Mike S. Black, Director, Bureau of Indian Committee Meetings Affairs, Department of the Interior; Norman W. Deschampe, Minnesota Chippewa Tribe, and Arthur (Committees not listed did not meet) LaRose, Leech Lake Band of Ojibwe, both of Cass Lake, Minnesota; Cheryle Kennedy, Confederated BUSINESS MEETING Tribes of Grand Ronde, Grand Ronde, Oregon; Committee on Banking, Housing, and Urban Affairs: Delores Pigsley, Confederated Tribes of Siletz Indi- Committee ordered favorably reported an original ans of Oregon, Siletz; and Robert Garcia, Confed- bill entitled, ‘‘The Iran Sanctions, Accountability erated Tribes of Coos, Lower Umpqua, and Siuslaw and Human Rights Act of 2012’’, and an original Indians, Coos Bay, Oregon.

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BUSINESS MEETING The nominations of Paul J. Watford, of California, Committee on the Judiciary: Committee ordered favor- to be United States Circuit Judge for the Ninth Cir- ably reported the following business items: cuit, and Dennis J. Erby, to be United States Mar- S. 1925, to reauthorize the Violence Against shal for the Northern District of Mississippi, and Anuj Chang Desai, of Wisconsin, to be a Member Women Act of 1994, with amendments; and of the Foreign Claims Settlement Commission of the United States, both of the Department of Justice. h House of Representatives stitute recommended by the Committee on the Chamber Action Budget now printed in the bill. Page H404 Public Bills and Resolutions Introduced: 14 pub- Agreed to: lic bills, H.R. 3880–3893; and 1 resolution, H. Res. Walz amendment (No. 3 printed in part B of H. 536, were introduced. Pages H439–40 Rept. 112–383) that includes interest rates among Additional Cosponsors: Pages H440–41 the major economic variables to be estimated in the macroeconomic economic impact analysis. Report Filed: A report was filed today as follows: H.R. 3521, to amend the Congressional Budget Pages H406–07 Rejected: and Impoundment Control Act of 1974 to provide for a legislative line-item veto to expedite consider- Peters amendment (No. 1 printed in part B of H. ation of rescissions, and for other purposes, with an Rept. 112–383) that sought to add a findings sec- tion addressing the macroeconomic impact of the tax amendment (H. Rept. 112–364 Pt. 2). Page H439 cuts of 2001 and 2003 (by a recorded vote of 174 Speaker: Read a letter from the Speaker wherein he ayes to 244 noes, Roll No. 24); appointed Representative Poe to act as Speaker pro Pages H405–06, H413–14 tempore for today. Page H377 Connolly (VA) amendment (No. 2 printed in part Recess: The House recessed at 11:07 a.m. and re- B of H. Rept. 112–383) that sought to extend the convened at 12 noon. Page H384 requirement for the Congressional Budget Office to Motion to Instruct Conferees: The House rejected prepare macroeconomic analysis of major legislation the Michaud motion to instruct conferees on H.R. to bills or resolutions reported by the Appropriations Committees of each Chamber (by a recorded vote of 3630 by a yea-and-nay vote of 184 yeas to 236 nays, 177 ayes to 237 noes, Roll No. 25); Pages H406, H414 Roll No. 23. The motion was debated yesterday, Fudge amendment (No. 4 printed in part B of H. February 1st. Pages H395–96 Rept. 112–383) that sought to add income equality Pro-Growth Budgeting Act of 2012: The House among the variables used to determine the economic passed H.R. 3582, to amend the Congressional impact of the bill (by a recorded vote of 171 ayes Budget Act of 1974 to provide for macroeconomic to 243 noes, Roll No. 26); Pages H407–08, H415 analysis of the impact of legislation, by a recorded Jackson Lee (TX) amendment (No. 5 printed in vote of 242 ayes to 179 noes, Roll No. 30. part B of H. Rept. 112–383) that sought to require Pages H396–H419 CBO to include as part of their macroeconomic anal- Rejected the Boswell motion to recommit the bill ysis estimates of the potential impact, if any, on to the Committee on the Budget with instructions HUB ZONE areas as defined by the Small Business to report the same back to the House forthwith with Act (by a recorded vote of 173 ayes to 243 noes, an amendment, by a recorded vote of 183 ayes to Roll No. 27); and Pages H408–10, H415–16 237 noes, Roll No. 29. Pages H417–18 Cicilline amendment (No. 8 printed in part B of Pursuant to the rule, the amendment in the na- H. Rept. 112–383) that sought to amend the Con- ture of a substitute consisting of the text of the gressional Budget Act of 1974 to require that, in ad- Rules Committee Print 112–10 dated January 25, dition to preparing cost estimates for each bill or 2012 shall be considered as an original bill for the resolution reported by any committee of the House, purpose of amendment under the five-minute rule, the Congressional Budget Office also prepare an esti- in lieu of the amendment in the nature of a sub- mate of the number of jobs which would be created,

VerDate Mar 15 2010 05:20 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE2.REC D02FEPT1 pwalker on DSK7TPTVN1PROD with DIGEST February 2, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D73 sustained, or lost in carrying out the measure—in- Adjournment: The House met at 10 a.m. and ad- cluding regional and State level estimates (by a re- journed at 8:40 p.m. corded vote of 174 ayes to 245 noes, Roll No. 28). Pages H412–13, H416 Committee Meetings Withdrawn: STATE OF THE U.S. ECONOMY Quigley amendment (No. 6 printed in part B of H. Rept. 112–383) that was offered and subse- Committee on the Budget: Full Committee held a hear- quently withdrawn that would have required the ing entitled ‘‘The State of the U.S. Economy’’. Testi- CBO to establish a website where taxpayers could mony was heard from Ben S. Bernanke, Chairman, enter their annual income and receive an estimate of Board of Governors of the Federal Reserve System. the amount of their projected contribution to or re- CHALLENGES FACING PBGC AND DEFINED ceipt from any applicable major bill or resolution BENEFIT PENSION PLANS over the next 10 years, assuming the taxpayer has Committee on Education and the Workforce: Sub- constant annual income and Pages H410–11 committee on Health, Labor and Pensions held a Flake amendment (No. 7 printed in part B of H. hearing entitled ‘‘Examining the Challenges Facing Rept. 112–383) that was offered and subsequently PBGC and Defined Benefit Pension Plans’’. Testi- withdrawn that would have lowered the threshold mony was heard from Joshua Gotbaum, Director, for requiring a dynamic score from .25% of the cur- Pension Benefit Guaranty Corporation; and public rent GDP to $5 billion. Pages H411–12 witnesses. H. Res. 534, the rule that is providing for consid- eration of the bills (H.R. 3578) and (H.R. 3582), COLLAPSE OF MF GLOBAL was agreed to by a recorded vote of 238 ayes to 179 Committee on Financial Services: Subcommittee on noes, Roll No. 22, after the previous question was Oversight and Investigations held a hearing entitled ordered by a yea-and-nay vote of 238 yeas to 177 ‘‘The Collapse of MF Global: Part 2’’. Testimony nays, Roll No. 21. Pages H387–95 was heard from public witnesses. Baseline Reform Act of 2012: The House began IRAN’S AGENDA IN THE WESTERN consideration of H.R. 3578, to amend the Balanced HEMISPHERE Budget and Emergency Deficit Control Act of 1985 Committee on Foreign Affairs: Full Committee held a to reform the budget baseline. Further proceedings hearing entitled ‘‘Ahmadinejad’s Tour of Tyrants and were postponed. Pages H419–26 Iran’s Agenda in the Western Hemisphere’’. Testi- Pursuant to the rule, the amendment in the na- mony was heard from public witnesses. ture of a substitute consisting of the text of the POST-ELECTION DEMOCRATIC REPUBLIC Rules Committee Print 112–9 dated January 25, OF CONGO 2012 shall be considered as adopted, in lieu of the amendment in the nature of a substitute rec- Committee on Foreign Affairs: Subcommittee on Africa, ommended by the Committee on the Budget now Global Health, and Human Rights held a hearing printed in the bill. Page H419 entitled ‘‘U.S. Policy Toward Post-Election Demo- H. Res. 534, the rule that is providing for consid- cratic Republic of Congo’’. Testimony was heard eration of the bills (H.R. 3578) and (H.R. 3582), from Donald Y. Yamamoto, Principal Deputy As- was agreed to by a recorded vote of 238 ayes to 179 sistant Secretary, Bureau of African Affairs, Depart- noes, Roll No. 22, after the previous question was ment of State; Daniel B. Baer, Deputy Assistant Sec- retary, Bureau of Democracy, Human Rights, and ordered by a yea-and-nay vote of 238 yeas to 177 Labor, Department of State; and Sarah E. Mendelson, nays, Roll No. 21. Pages H387–95 Deputy Assistant Administrator, Bureau for Democ- Senate Message: Message received from the Senate racy, Conflict, and Humanitarian Assistance, U.S. by the Clerk and subsequently presented to the Agency for International Development. House today appears on page H387. CONTINGENT FEES AND CONFLICTS OF Senate Referral: S. 1296 was held at the desk. INTEREST IN STATE AG ENFORCEMENT OF Quorum Calls—Votes: Two yea-and-nay votes and FEDERAL LAW eight recorded votes developed during the pro- Committee on the Judiciary: Subcommittee on the Con- ceedings of today and appear on pages H394–95, stitution held a hearing entitled ‘‘Contingent Fees H395, H395–96, H413–14, H414, H415, and Conflicts of Interest in State AG Enforcement of H415–16, H416, H418, and H418–19. There were Federal Law’’. Testimony was heard from public wit- no quorum calls. nesses.

VerDate Mar 15 2010 05:20 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE2.REC D02FEPT1 pwalker on DSK7TPTVN1PROD with DIGEST D74 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2012 FAST AND FURIOUS R. Clapper, Director of National Intelligence; David Committee on Oversight and Government Reform: Full Petraeus, Director of the Central Intelligence Agen- Committee held a hearing entitled ‘‘Fast and Furi- cy; Lieutenant General Ronald L. Burgess, Director ous: Management Failures at the Department of Jus- of the Defense Intelligence Agency, Department of tice’’. Testimony was heard from Eric Holder, Attor- Defense; and Robert S. Mueller, Director of the Fed- ney General, Department of Justice. eral Bureau of Investigation. FUTURE OF THE FAMILY FARM Joint Meetings Committee on Small Business: Subcommittee on Agri- culture, Energy and Trade held a hearing entitled TEMPORARY PAYROLL TAX CUT ‘‘The Future of the Family Farm: The Effect of Pro- CONTINUATION ACT posed DOL Regulations on Small Business Pro- Conferees met to resolve the differences between the ducers’’. Testimony was heard from Nancy J. Senate and House passed versions of H.R. 3630, to Leppink, Deputy Administrator, Wage and Hour extend the payroll tax holiday, unemployment com- Division, Department of Labor; Bob Tabb, Deputy pensation, Medicare physician payment, provide for Commissioner, West Virginia State Department of the consideration of the Keystone XL pipeline, but Agriculture; and public witnesses. did not complete action thereon, and recessed subject to the call. MISCELLANEOUS MEASURES f Committee on Transportation and Infrastructure: Full Committee held a markup of H.R. 7, the ‘‘American NEW PUBLIC LAWS Energy and Infrastructure Jobs Act’’. The bill was (For last listing of Public Laws, see DAILY DIGEST, p. D65) ordered reported, as amended. H.R. 3237, to amend the SOAR Act by clarifying LOWERING UNEMPLOYMENT FOR THE the scope of coverage of the Act. Signed on February NATIONAL GUARD 1, 2012. (Public Law 112–92) Committee on Veterans’ Affairs: Subcommittee on Eco- f nomic Opportunity held a hearing entitled ‘‘Low- COMMITTEE MEETINGS FOR FRIDAY, ering the Rate of Unemployment for the National FEBRUARY 3, 2012 Guard’’. Testimony was heard from MG Terry M. Haston, Adjutant General, Tennessee National (Committee meetings are open unless otherwise indicated) Guard; MG Timothy E. Orr, Adjutant General, Iowa Senate National Guard; BG Margaret Washburn, Assistant Adjutant General, Indiana National Guard; BG No meetings/hearings scheduled. Marianne Watson, Director, Manpower and Per- House sonnel, National Guard Bureau; Ronald G. Young, Committee on Armed Services, Subcommittee on Military Director, Family and Employer Program and Policy, Personnel and Oversight and Investigations, hearing on Department of Defense; Ismael ‘‘Junior’’ Ortiz, Act- accountability at Arlington National Cemetery, 11:30 ing Assistant Secretary, Veterans’ Employment and a.m., 2118 Rayburn. Training Service, Department of Labor; and public Committee on Energy and Commerce, Subcommittee on En- witnesses. vironment and the Economy, hearing entitled ‘‘Evaluating Internal Operation and Implementation of the Chemical SOCIAL SECURITY ADMINISTRATION’S Facility Anti-Terrorism Standards program (CFATS) by DEATH MASTER FILE the Department of Homeland Security’’, 9:30 a.m., 2123 Committee on Ways and Means: Subcommittee on So- Rayburn. cial Security held a hearing on the accuracy and uses Subcommittee on Energy and Power, continue hearing of the Social Security Administration’s Death Master entitled ‘‘American Jobs Now: A Legislative Hearing on File. Testimony was heard from Michael J. Astrue, H.R. 3548, the North American Energy Access Act’’, 10 a.m., 2322 Rayburn. Commissioner, Social Security Administration; Pat- Committee on Homeland Security, Subcommittee on Over- rick P. O’Carroll, Jr., Inspector General, Social Secu- sight, Investigations, and Management, hearing entitled rity Administration; and public witnesses. ‘‘Is DHS Effectively Implementing a Strategy to Counter WORLD THREATS Emerging Threats?’’, 10 a.m., 311 Cannon. Committee on the Judiciary, Subcommittee on Courts, House Permanent Select Committee on Intelligence: Full Commercial and Administrative Law, hearing on the fol- Committee held a hearing entitled ‘‘World Threats’’. lowing: H.R. 3041, the ‘‘Federal Consent Decree Fairness This hearing began as an open hearing and moved Act’’ and H.R. 3862, the ‘‘Sunshine for Regulatory De- to a closed hearing. Testimony was heard from James crees and Settlements Act’’, 9:30 a.m., 2141 Rayburn.

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Committee on Natural Resources, Subcommittee on Na- Committee on Science, Space, and Technology, Subcommittee tional Parks, Forests and Public Lands, hearing on the on Energy and Environment, hearing entitled ‘‘Fostering following: H.R. 491, to modify the boundaries of Cibola Quality Science at EPA: Perspectives on Common Sense National Forest in the State of New Mexico, to transfer Reform—Day II’’, 10 a.m., 2318 Rayburn. certain Bureau of Land Management land for inclusion in Committee on Ways and Means, Full Committee, markup the National Forest, and for other purposes; H.R. 3685, of the ‘‘Energy and Infrastructure Jobs Financing Act of to amend the Herger-Feinstein Quincy Library Group 2012’’, 9 a.m., 1100 Longworth. Forest Recovery Act to extend and expand the scope of the pilot forest management project required by that Act; Joint Meetings and S. 271, the ‘‘Wallowa Forest Service Compound Con- veyance Act’’, 9:30 a.m., 1324 Longworth. Joint Economic Committee: to hold hearings to examine Committee on Rules, Full Committee, hearing on H.R. the employment situation for January 2012, 9:30 a.m., 1734, the ‘‘Civilian Property Realignment Act’’, 9:30 210, Cannon Building. a.m., H–313 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, February 6 9 a.m., Friday, February 3

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: Complete consideration of H.R. morning business (not to extend beyond 3 p.m.), Senate 3578—Baseline Reform Act of 2012. Consideration of will begin consideration of the conference report to ac- the conference report to accompany H.R. 658—FAA Re- company H.R. 658, FAA Reauthorization and Reform authorization and Reform Act (Subject to a Rule). Act, with a vote on adoption of the conference report at approximately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Grijalva, Rau´ l M., Ariz., E125 Poe, Ted, Tex., E123, E125 Hastings, Alcee L., Fla., E118, E123 Roby, Martha, Ala., E119, E122 Bilirakis, Gus M., Fla., E123 McMorris Rodgers, Cathy, Wash., E125 Ross, Dennis A., Fla., E122 Bonner, Jo, Ala., E124, E126 Marino, Tom, Pa., E117, E119 Rothman, Steven R., N.J., E117, E120 Clarke, Hansen, Mich., E119 Michaud, Michael H., Me., E121 Smith, Adam, Wash., E117, E120 Clarke, Yvette D., N.Y., E121 Moore, Gwen, Wisc., E125 Coffman, Mike, Colo., E125 Neal, Richard E., Mass., E122 Stark, Fortney Pete, Calif., E118 Davis, Danny K., Ill., E124 Nugent, Richard B., Fla., E121 Wasserman Schultz, Debbie, Fla., E117 Deutch, Theodore E., Fla., E117, E119, E121, E123 Pallone, Frank, Jr., N.J., E118 Young, C.W. Bill, Fla., E124 Gohmert, Louie, Tex., E119 Payne, Donald M., N.J., E125

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