4050 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 SENATE—Monday, March 26, 2012

The Senate met at 2 p.m. and was in a period of morning business until the highway bill. That is, at this stage, called to order by the Honorable RICH- 4:30 p.m. today. Following that morn- without any suggestion that they ARD BLUMENTHAL, a Senator from the ing business the Senate will resume would go to conference with us. It State of Connecticut. consideration of the motion to proceed would seem to me that is the most PRAYER to S. 2204, the Repeal Big Oil Tax Sub- practical thing to do—have a short- The Chaplain, Dr. Barry C. Black, of- sidies Act. At 5:30 p.m. there will be up term extension and during the process fered the following prayer: to two rollcall votes. The first vote will work to see what we can come up with, Let us pray. be a cloture vote on the motion to pro- working together. I know this is for- Almighty God, look beyond the ceed to S. 2204. If cloture is not in- eign language to what has gone on in harmful paths on which we have voked, there will be a second cloture the House in the last year and a half, walked and see our spirits created in vote on the motion to proceed to the but that would be a good idea—to try Your likeness and longing to commune postal reform bill. that, to work together to come up with with You. f a bill, a 2-year bill, a 3-year bill. Work- ing together, we could do that on a bi- Speak to our lawmakers today and MEASURES PLACED ON THE CAL- teach them to listen through earth- partisan basis, as we did here. Their ENDAR—H.R. 5, S. 2230, AND S. short-term bandaid bill is no solution. quakes, wind, and fire for Your still 2231 small voice. Guide them to learn the Communities and contractors need cer- language of prayer and daily experi- Mr. REID. Mr. President, there are tainty—especially going into the sum- ence its power in their lives. May they three bills at the desk due for a second mer construction season. We want to be calm when You would have them lis- reading. I would like the clerk to re- make sure projects do not grind to a ten and obedient when You would have port them if you so order. halt in 3 months because the House them act, always eager to receive di- The ACTING PRESIDENT pro tem- once again refuses to act. rections from You. pore. The clerk will read the bills by The American people certainly know We pray in Your holy Name. Amen. title for a second time. at this stage whom to blame because of The legislative clerk read as follows: the problems over there. It is a crisis. f A bill (H.R. 5) to improve patient access to It is a chaotic place we find over there. PLEDGE OF ALLEGIANCE health care services and provide improved They are looking to cost us 3 million The Honorable RICHARD BLUMENTHAL medical care by reducing the excessive bur- jobs. One week remains until these led the Pledge of Allegiance, as follows: den the liability system places on the health projects around the country lock their care delivery system. gates and lay off their workers. It is I pledge allegiance to the Flag of the A bill (S. 2230) to reduce the deficit by im- United States of America, and to the Repub- posing a minimum effective tax rate for time for House Republican leaders to lic for which it stands, one nation under God, high-income taxpayers. do what is responsible: take up the indivisible, with liberty and justice for all. A bill (S. 2231) to amend the Federal Credit Senate-passed Transportation bill and f Union Act, to advance the ability of credit pass it. The American people are unions to promote small business growth and watching and time is wasting. APPOINTMENT OF ACTING economic development opportunities, and for PRESIDENT PRO TEMPORE other purposes. f The PRESIDING OFFICER. The Mr. REID. Mr. President, I object to clerk will please read a communication any further proceedings with regard to FORGING A PATH FORWARD to the Senate from the President pro these three pieces of legislation. Mr. REID. Mr. President, while tempore (Mr. INOUYE). The ACTING PRESIDENT pro tem- House Republicans are squandering The legislative clerk read the fol- pore. Objection having been heard, the precious time and risking American lowing letter: bills will be placed on the calendar. jobs, the Senate will now move forward U.S. SENATE, f with a bill to repeal billions in sub- PRESIDENT PRO TEMPORE, sidies to big oil companies. Washington, DC, March 26, 2012. TRANSPORTATION JOBS Last year, Big Oil raked in $137 bil- To the Senate: Mr. REID. Mr. President, tens of lion in profits—more than ever before— Under the provisions of rule I, paragraph 3, thousands of bridges—70,000, to be but still received billions in taxpayer- of the Standing Rules of the Senate, I hereby exact—and millions of miles of roads funded giveaways. It does not make appoint the Honorable RICHARD BLUMEN- THAL, a Senator from the State of Con- across the country are in a state of dis- sense. Even with domestic oil produc- necticut, to perform the duties of the Chair. repair. But rather than putting Ameri- tion at its highest level in almost a DANIEL K. INOUYE, cans to work fixing these roads and decade, prices at the pump are rising. President pro tempore. bridges—and, of course, repairing the Oil companies are making money hand Mr. BLUMENTHAL thereupon as- crumbling train tracks, highways, and over fist. sumed the chair as Acting President sidewalks across this country—House When the price of a gallon of gas goes pro tempore. Republicans are pandering to the tea up by a single penny, quarterly profits party. They cannot do a bill. They can- for the five major oil companies go up f not do a bill. They have tried. They $200 million. I heard on the news this RECOGNITION OF THE MAJORITY cannot do a bill. They are now not morning that the price of gas in the LEADER fighting us, they are fighting among last couple weeks has gone up 12 cents. The ACTING PRESIDENT pro tem- themselves. As if putting the tea party Well, that is more than $2 billion for pore. The majority leader is recog- ahead of efforts to repair our Nation’s the oil companies. nized. crumbling infrastructure was not bad This country continues to give tax- f enough, House Republicans are risking payer dollars to some of the most prof- almost 3 million jobs in the process. itable corporations in the world—not SCHEDULE I was very disappointed last week to some of the most profitable, the most Mr. REID. Mr. President, following hear that the House Republican leaders profitable. They are doing better than any leader remarks the Senate will be hope to pursue a 3-month extension of Google and Microsoft and all of them.

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

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4051 They are the No. 1 profitable corpora- MORNING BUSINESS But the Medicaid expansion did not tions in the world. It is time to end The ACTING PRESIDENT pro tem- stop with wrecking Federal budgets. It this careless corporate welfare. pore. Under the previous order, the hammers State budgets as well. This The only real way to bring down Senate will be in a period of morning program already consumes 24 percent prices at the pump is to reduce U.S. de- business until 4:30 p.m., with Senators of State budgets. The law’s Medicaid pendence on foreign oil. That will take permitted to speak therein for up to 10 expansion will force $118 billion in ad- additional responsible domestic oil pro- minutes each. ditional unfunded mandates on our duction and smart investments in Mr. REID. I suggest the absence of a States through 2023. The National Gov- clean energy technology. quorum. ernors Association has weighed in on The Senate will vote this evening to The ACTING PRESIDENT pro tem- this issue. They said: ‘‘Spending on advance the Repeal Big Oil Tax Sub- pore. The clerk will call the roll. Medicaid is expected to consume an in- sidies Act. This legislation ends more The legislative clerk proceeded to creasing share of State budgets and than $2 billion a year in tax breaks for call the roll. grow much more rapidly than State Big Oil, and it invests the savings in Mr. JOHANNS. Mr. President, I ask revenue growth, resulting in slow or no the clean energy industry, where it will unanimous consent that the order for growth in education, transportation, or grow our economy and create jobs. the quorum call be rescinded. public safety.’’ Repealing wasteful subsidies will not The ACTING PRESIDENT pro tem- The Nebraska impact tells the story. cause oil prices to go up. Repealing pore. Without objection, it is so or- The Governor commissioned a study in Nebraska to see what the impact would wasteful subsidies, I repeat, will not dered. be on the health care law on the State cause oil and gas prices to rise. But re- f ducing America’s dependence on for- budget. Nebraska will spend an addi- eign oil will cause prices to fall for ORDER OF PROCEDURE tional $526 million to $766 million over sure. But if Republicans continue to Mr. JOHANNS. Mr. President, I ask the next 10 years on its Medicaid Pro- follow in lockstep to the drums of oil unanimous consent to enter into a col- gram. The expansion could add up to companies making record profits, one loquy with my Republican colleagues 145,000 Nebraskans to the Medicaid thing will be obvious: Republicans care for up to 30 minutes. Program over the next decade. Currently, one in nine Nebraskans is less about bringing down gas prices The ACTING PRESIDENT pro tem- enrolled in Medicaid. The new provi- than about helping oil companies that pore. Without objection, it is so or- sions of the law will expand eligibility do not need help. Congress should pass dered. to one in five Nebraskans, 20 percent. this legislation and do it quickly be- f Governor Heineman addressed this fore another taxpayer dollar is spent HEALTH CARE issue. He said: This unfunded and un- on wasteful handouts to Big Oil. paralleled expansion of Medicaid is an How do the American people feel Mr. JOHANNS. Mr. President, I rise today to once again speak about a unfair and unsustainable mandate on about this? Of course, by an over- Nebraska and other States. The Fed- whelming margin, they agree with us. topic I have spoken to many times over the last 2 years; that is, the health care eral health care law is an extraor- The Senate must also quickly move dinarily large and excessive unfunded to reform our postal system, and in the law. Today I would like to focus on a mandate for States. It is potentially coming weeks, we also must reauthor- devastating to our State budget. ize the Violence Against Women Act, number of aspects of the health care law, but to start I would point out that Today, with me on the floor, I am pass additional job-creation measures, joined by two former Governors. All this law actually enacted the largest and take up the crucial cybersecurity three of us have had to deal with bal- expansion of Medicaid since its incep- bill. ancing budgets, and we had no choice tion in 1965. The law dramatically in- The Pentagon says passing cyberse- but to make sure that at the end of our creases government spending, it ties curity legislation is the single most legislative sessions, our budgets were, the hands of States, it is going to important action Congress can take to in fact, balanced. bankrupt State budgets, and it traps improve national security. That is why Senator ALEXANDER was vocal in I will bring a bill to the floor very nearly 26 million more Americans in a speaking out against this policy during soon. Bipartisan efforts to craft com- broken system. the health care debate. He has a rather prehensive cybersecurity legislation Last week’s Medicaid Actuary report unique perspective because not only is have been ongoing for years. It is now indicates that 25.9 million more Ameri- he a former Governor, he is a former time to act. It is time for Republican cans will be dumped on Medicaid under U.S. Secretary of Education. I would colleagues who have been involved in the new law. The week before, the non- like the Senator to take a few minutes this effort from the start to sit down partisan Congressional Budget Office and explain how this law is going to ef- and help us move this matter forward. pointed out that Federal spending on fect the health care system, our edu- We are going to move this bill onto the Medicaid will increase by $168 billion. cational system, our States, and for floor. We have had hard work done by That is just compared to last year’s that matter our country. Senator LIEBERMAN and Senator COL- projection. That means this expansion Mr. ALEXANDER. I thank the Sen- LINS. It is a bipartisan bill. I would alone is projected to cost the Federal ator. He has a unique perspective him- hope both parties would agree this leg- taxpayers $795 billion through 2021. self as a former Cabinet member, Gov- islation is a priority. I hope so. That is at a time when not only our ernor, and now Senator. But all three As always, Mr. President, I hope Federal budget is struggling, but in ad- of us here today, including the former Democrats and Republicans will be dition to that our State budgets are in Governor of North Dakota, have wres- able to work together to forge a path trouble. Added up, the Federal Govern- tled with this business of the rising forward on these most important ment will spend $4.6 trillion on Med- costs of Medicaid, paid for partly by issues. icaid over the next 10 years, a stag- the States, according to rules set in gering number—$4.6 trillion. Washington, and how do we deal with f Medicaid spending is projected to in- public education, especially higher crease 35 percent once the law is fully education. RESERVATION OF LEADER TIME implemented. So with our national I remember during the debate two Mr. REID. Mr. President, would the debt now approaching $16 trillion and years ago, I suggested to our colleagues Chair announce the business of the compounding exponentially, as we bor- on the other side of the aisle who were day. row 42 cents of every $1 we spend every supporting the health care law, which I The ACTING PRESIDENT pro tem- day, instead of reining in costs, the thought was an historic mistake be- pore. Under the previous order, the health care law is doubling down with cause it expanded a health care deliv- leadership time is reserved. spending. ery system we already knew was too

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4052 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 expensive, instead of taking steps to Tennessee? If in Tennessee, as last State’s treasury on behalf of the citi- reduce it. I suggested to them that year, the increase for Medicaid went up zens of our respective States. they go home and run for Governor. 15.8 percent. That is how much more Last week was the second anniver- They ought to be sentenced to go home State tax dollars it had to go up. sary of the Obama health care legisla- and run for Governor if they vote for it Spending for the University of Ten- tion—the second anniversary. The fact and see whether they can implement it nessee and community colleges went is, since that law was passed—and just over an 8-year-period of time. down 15 percent. Then the result of 1 minute ago, Senator ALEXANDER ex- Here is what the Senator from Ne- that was tuition went up in our State pressed some of the things he talked braska is suggesting. Let me try to be by about 8 percent. That was true all about when that debate was had in the very specific on the effect of the health across our country. Congress. But since that law was care law on higher education in the So the effect—and I will come back passed, over the past 2 years, Ameri- States. This is not all President to this later if we have more time—is cans have become more unhappy with Obama’s fault. Some 30 years ago, that the health care law mandates that the legislation. The Obama health care when I was a young Governor, I was the States spend more money on Med- legislation has actually become more still struggling with saying: We get icaid, and, as a result, the State cuts unpopular over the last few years as down to the end of the budget process the money it is spending for the Uni- time has gone by because, quite sim- and we have money either to put in versity of Tennessee or Nebraska or ply, Americans do not want govern- higher education or into Medicaid, and North Dakota. In order to keep the ment-run health care. Americans do the rules from Washington say it has quality of education up, tuition goes not want government-run health care. to go to Medicaid. up. So students are paying more for That is what ObamaCare is. I remember going to see President tuition and they are paying more for Americans want to be free to choose their own health care provider, their Reagan and saying: Why do we not just interest rates on their student loans di- own doctors, their own hospitals. They swap it, Mr. President? You take all of rectly because of the health care law. Medicaid. Let the States take elemen- President Obama should not be also want to be able to be free to tary and secondary education. I wish blamed for the last 30 years of rising choose their own health care insur- we had done that. But we did not do it. costs of Medicaid. But he should be ance. Frankly, they are going to do a lot better job than having the Federal Gradually, the increasing Washington- held responsible and this health care Government do it for them. That is directed costs have distorted State law should be held responsible for mak- just a fact. Of course, that is very budgets until, as the Senator from Ne- ing it worse. much at issue now with the Supreme braska said, 24 percent of the State Mr. JOHANNS. Senator ALEXANDER Court deliberations, the judicial review budgets go to the Medicaid program. has raised some excellent points there they are undertaking now on the con- Now we are in a process where be- because Governors only have so much stitutionality of the individual man- cause of the health care law, we are revenue they can deal with; they can- dates in the Obama health care legisla- going to add 25.9 million more Ameri- not invent it, if you know what I am tion. cans onto Medicaid, according to the saying. So Governors have to figure Of course, the question is, Is that in- Medicaid Chief Actuary. Employers are out what the needs of the State are. If dividual mandate constitutional? If it going to decide: I would rather pay my the Federal Government is taking that is, if they find that individual mandate $2,000 penalty and allow my employees decision away from Governors by forc- is constitutional, then is there any to go into the exchange or, if they are ing them into expanding their Med- limit to the government’s ability to in- lower income, into Medicaid. Then the icaid, there is going to be less money trude into the lives of our citizens? costs to States are going to go up. available for programs such as K 12 This is a huge question. If so, what The Senator from Nebraska talked education, higher education. happened to the concept of limited gov- about what the current Governor of Let me, if I might, turn to our col- ernment, which was so carefully devel- Nebraska said. Our former Governor, league Senator HOEVEN. He was a Gov- oped by our Founding Fathers in our Governor Bredesen, a Democratic Gov- ernor for 10 years in the State of North Constitution? ernor, estimated that between 2014 and Dakota. Will the Senator please ex- It seems to me that concept of lim- 2019 it would be $1.1 billion in new costs plain the impact Medicaid expansion ited government is gone. That is an in- for the State of Tennessee from the would have on budget decisions as a credible problem for all of us that ex- Medicaid expansion. Governor and the impact the health tends far beyond health care. As former What most people do not realize is care bill is going to have on the Sen- Governors, we understand the need to the effect this has on higher education ator’s State. limit government, whether it is the and student tuition. I hear a lot of talk Mr. HOEVEN. I thank Senator local level—and the Senator was a about let’s see if we can lower student JOHANNS. It is good to be with him. mayor. Senator JOHANNS was a mayor tuition. One way we can lower it is not Also, to Senator LAMAR ALEXANDER in Lincoln, NE, before he was the Gov- take money from student loans and from the great State of Tennessee, it is ernor of Nebraska, now a Senator from spend it to pay for the health care bill. great to be with him as well. We share, Nebraska, and he understands that one Most people are not aware we spent $8.7 I guess, the common experience of of the fundamental responsibilities of a billion of so-called profits the govern- serving as Governors and certainly mayor, of a Governor, of a Senator is ment makes when it borrows money at bring that perspective to our work in to make sure we honor the Constitu- 2.8 percent and loans it to students at the Senate. tion and we limit the power of govern- 6.8 percent. The government took some As Senator ALEXANDER just said, ment, at the local, the State, and the of that money and spent it to pay for there is no question ObamaCare is Federal level, to intrude into the lives the health care bill. making the health care challenge in of our citizens. That is exactly what If it did not do that, it could lower the United States worse, is making it our Founding Fathers were striving to the interest rates on student loans, ac- worse. We have to find a way to em- do in the Constitution, the whole con- cording to the Congressional Budget power our people. In our roles as Gov- cept of checks and balances. Office, to 5.3 percent and save $2,200 per ernors, before serving in the Senate, We have a legislative branch and a student over 10 years on the basis. So that is what we tried to do. When it judicial branch and an executive the health care law is costing students came to Medicaid, when it came to branch because that creates checks and who borrow money more on their health care, it was how do we empower balances on the respective powers of loans. our people, whether it is health care or each branch. Why? To protect our citi- In addition, and I will close with this anything else, in a way that not only zens, to limit the reach of government. example, it is raising college tuition. makes their lives better but that We have a bicameral Congress, the You say: How could the health care law makes sure we are fulfilling our re- House and the Senate, to make it hard- cause tuition to go up in California or sponsibility as good stewards of the er to pass laws, not easier—to make it

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4053 harder to pass laws. Again, it is to pro- nesses to reduce costs, reduce fraud, chief executive officer told me the cost tect the people of this country. waste, and abuse. of the health care law to his company We have the 10th amendment that re- The President of AARP, Barry Rand, would equal the profit of the company serves powers to the State not ex- estimates that $100 billion is lost annu- that year. This is a company with sev- pressly provided to the Federal Govern- ally in waste, fraud, and abuse under eral billion dollars in revenue. ment; again, to limit the power of gov- Medicaid. Think what our States could One of the companies that is even ernment and protect the people of this do on behalf of their citizens in all 50 more successful than Ruby Tuesday in great country. Of course, that is what States if we in the Congress, working terms of profit, and is larger, told me we have in our Bill of Rights. That is with an administration that will work their goal was to have 90 employees per what it is all about. with us, would empower the States to store. But after the health care law, So we have ObamaCare; it raises go after that waste, fraud, and abuse by they said they would have 70 employees taxes by $1⁄2 trillion. It raises taxes $500 giving their citizens more say over per store in order to comply with the billion. It cuts Medicare $1⁄2 trillion, their health care and by encouraging cost of the health care law. This not $500 billion. Yet, at the same time, it competition among insurance compa- only raises the cost of business, but it places huge costs, a huge burden on the nies to provide more choice, access, reduces employment in the United States. The CBO now estimates that and to go after that waste, fraud, and States. over the next 10 years it will cost the abuse. Unfortunately, I am afraid what we States $118 billion. That is $118 billion There are so many things we can do, may find is these restaurant compa- in costs to the States who are trying to but it is not through a big, monolithic, nies, after 2014—we are about 1 year balance their budgets. They are al- government-run insurance program away from a ticking time bomb for ready facing challenges in doing that, that puts costs on the States and costs State budgets and businesses and also and we will put that kind of huge cost on its citizens. That is what we need to for people with employer health insur- on them. change. We need to change it now. ance. I am afraid these companies will At the same time, think of what it Again, I thank Senator ALEXANDER look at the penalty and say they would does to our small businesses. Again, as for being here and for his work to em- rather pay $2,000 per employee and let a Governor, I know how it was in my power our people when it comes to them find their way into one of these State. I think it was true when the health care. Also, I particularly thank State exchanges or into the Medicaid Senator from Nebraska was Governor Senator JOHANNS for calling us to- Program. and when Senator ALEXANDER was Gov- gether to discuss this very important Millions of Americans, because of the ernor of Tennessee. We understood that issue on behalf of the people of Amer- health care law, are going to lose their job creation was job one. We had to ica. employer-sponsored insurance, and make sure businesses were able to Mr. JOHANNS. Mr. President, I millions of Americans will not have as work effectively, to compete, and to thank Senator HOEVEN for his com- many jobs because of the costs imposed employ people. That is the engine that ments. He mentioned that job one for on businesses such as these res- drives our economy, the small busi- every Governor is job creation. Before I taurants. nesses. turn to Senator ALEXANDER, let me Mr. JOHANNS. The Senator raises a When we look at ObamaCare, we look congratulate Senator HOEVEN. What- good point. I am mindful of our time at what it does to the States—the $118 ever he did in that capacity worked. He limit. I am going to take a minute or billion over 10 years—and look at the has the lowest unemployment rate of two to wrap up. I do think Senator costs it creates for small businesses any State. I am proud to say Nebraska ALEXANDER and Senator HOEVEN both and look at the confusion it creates in is No. 2 in that regard. raised very good points. trying to comply with all of this. What I will guarantee one thing you learn: I look at the health care law and I do small businesses do? The Senator You don’t create jobs by putting a big often think, whoever wrote this law, from Nebraska talked a minute ago wet blanket of more regulations on the who were they talking to? They cer- about, OK, what does the small busi- job creators. I worry that all these tainly were not talking to our small- ness do? rules and regulations are going to have and medium-sized businesses across Well, either, A, they try to comply, a very damaging impact on job cre- this country. Why? Because just as and that drives up their costs or, B, ation. Senator ALEXANDER points out, there is they cancel their insurance and default I would like Senator ALEXANDER to going to be a point where that business to the government-run insurance. But talk about that, what he sees as the owner, large or small, and in each and it not only creates a problem for them impact of this health care bill on job every spot in between, will look at the in determining whether they are going creation in our States. penalty of $2,000 per employee and say to continue health care for their em- Mr. ALEXANDER. I thank the Sen- it is vastly cheaper for them to drop ployees—and our citizens have shown ator. I listened with interest to the coverage and pay the penalty. In fact, they want the employer to continue former Governor of North Dakota and we figured out what that savings would doing that, and it goes to whether they the former Governor of Nebraska. Let be for a large retailer in the United hire more people. me give a specific example. In response States. It was over $1 billion a year. Here we are with 8.3 percent unem- to the question, after the passage of Does anybody believe for a moment ployment, 13 million people looking for the health care law, I met with a num- that they are not going to do what is work, and we are going to make it ber of representatives from chain res- right by their shareholders and pay harder for small businesses to put them taurants. Chain restaurants are the that penalty and save $1 billion a year to work because they don’t know if kind at which we go out to dinner for by dropping health care coverage? Once they can comply with ObamaCare, let a modest cost. They are among the that dam breaks, the dam breaks. alone withstand the cost. That affects largest employers in America. They Then do you remember that promise every single American. employ largely low-income and young so often made—47 times? The President We need to change the approach. people—people who are the waiters and said, ‘‘If you like your plan, you are That is what we are talking about waitresses we see when we go into going to be able to keep it.’’ Well, peo- today. We are talking about an ap- Ruby Tuesday or O’Charley’s or one of ple are not going to be able to keep it. proach where we can empower people these other places, and usually it is They will lose their plans. to choose their own health insurance someone with a part-time job or some- They certainly were not talking to and provider, an approach that encour- body who is working his or her way up. Governors when they wrote this bill. ages competition, which will help bring Many of those companies offer some Any Governor would tell us that Med- costs down, giving our consumers more health insurance to their employees. icaid is a broken system. It is literally choice. We are here to talk about how At one of the companies, Ruby Tues- bankrupting State budgets under cur- we work with States and small busi- day, headquartered in Tennessee, the rent circumstances. Then when we add

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4054 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 26 million more people to Medicaid, we sacrifice of American troops as they of the Senate’s leading liberals and one begin to realize they are going to have protect and preserve the interests of of the Senate’s most dyed-in-the-wool a serious access problem. our Nation. These men and women conservatives. Forty percent of doctors do not take serve with courage and honor and it is While Senators BOXER and INHOFE Medicaid patients. Where are they our duty to honor and stand for those openly acknowledge there is much they going to find their health care? As who have stood for us. do not agree on, they both agree trans- many of us pointed out, it is like say- Today, I am here to pay my respects portation infrastructure is a smart in- ing to someone: Here is your bus tick- to SSG Jerry Reed II, an Arkansas sol- vestment in America’s road safety and et, travel anywhere you want—oh, by dier who sacrificed his life for the love jobs. So they worked hard to craft a the way, there are not enough buses to of his country while in support of Oper- consensus highway bill that three- haul all the people we have given tick- ation Enduring Freedom. quarters of the Senate could agree to ets to. Staff Sergeant Reed graduated from support. I have always believed this That is what we are going to be fac- Russellville High School in 2000 and en- kind of cooperation is the key to suc- ing—a growing access problem. Then, listed in the Army. He served 4 years cess. We can do great things for this with the cuts to Medicare, they sure and then reenlisted in 2008 and served country when we work together. could not have been talking to Medi- in Iraq, Germany, Korea, and Afghani- When I had the honor of leading the care providers because when they start stan. Staff Sergeant Reed served as a Environment and Public Works Com- cutting reimbursement rates, which is tank driver and gunner with the mittee, I also had the truly distinct exactly what they are doing with $1⁄2 Army’s 28th Infantry Brigade, 2nd Bat- pleasure of working with Senators trillion cut out of Medicare, they are talion, A Company at Grafenwoehr, from both parties who understood going to have access problems there Germany. Burke’s principle of barter and com- too. His sister Katherine, in an interview promise, such as John Warner of Vir- All of a sudden senior citizens cannot with the Russellville Courier, spoke of ginia and John Chafee of Rhode Island. find a doctor. Don’t believe my state- how he loved the military and planned So it is very gratifying to know that ment on that. Read the reports from to make it a career. Staff Sergeant tradition on the Environment and Pub- Richard Foster, the Chief Actuary at Reed’s family and friends describe him lic Works Committee continues to be CMS, who studied this and said these as a man who would have had no trou- strongly upheld by the chairman and are the consequences of this legisla- ble fitting into the military, for he was the ranking member today. tion. one who faced danger head on. He was In working to craft the highway bill, At the end of the day it is pretty a protector and looked out for his both of these leaders faced pressures clear to all of us that this is a failed friends. He loved being outdoors and not to compromise. Each had ample op- policy that was quickly put together, fishing and spending time with his fam- portunity to give into those pressures rammed through to roll over the mi- ily. and give up on the bill. But instead of nority and get this done. We ended up On February 16, 2012, Staff Sergeant drawing lines in the sand and pointing with a very failed piece of legislation. Reed passed away while serving in Af- fingers, they chose to reach out their The American people do not like this ghanistan. Staff Sergeant Reed made hands and meet in the middle. They legislation any better than the day it the ultimate sacrifice for his country. talked to each other and, more impor- was passed. In fact, they like it less. He is a true American hero. tantly, they listened. They opted for The more they learn about this legisla- I ask my colleagues to keep his fam- pragmatism over ideology. They dis- tion, the less they like it. ily and his friends in their thoughts agreed without being disagreeable. I will wrap up with one thought. We and prayers during this very difficult They worked closely with Senator VIT- all know the Supreme Court is hearing time, and I humbly offer thanks to TER and myself to incorporate the best arguments on this case these days. It is SSG Jerry Reed for his selfless service ideas from all sides. Ultimately, those my hope the Supreme Court will inter- to the security and well-being of all good-faith efforts prevailed when the vene and decide that this law is in fact Americans. committee reported our highway bill unconstitutional, and then we can Mr. President, I suggest the absence title with unanimous support. build a health care law the way it of a quorum. We continued working together to should be done—a step at a time, con- The ACTING PRESIDENT pro tem- meld that product with contributions sulting with medical providers and pore. The clerk will call the roll. from the Banking Committee and the Governors all across this country to The legislative clerk proceeded to Commerce Committee, along with a build a policy that makes sense for the call the roll. fiscally responsible plan to pay for this health care system and our citizens. Mr. BAUCUS. Mr. President, I ask investment from the Finance Com- That is what should have been done in unanimous consent that the order for mittee. the first place. That is what we need to the quorum call be rescinded. Earlier this month, 75 percent of the do. The ACTING PRESIDENT pro tem- Senate came together to pass a high- With that, I yield the floor and sug- pore. Without objection, it is so or- way bill that will create or sustain ap- gest the absence of a quorum. dered. proximately 1.8 million American jobs The ACTING PRESIDENT pro tem- f each year. That is according to the De- pore. The clerk will call the roll. partment of Transportation. What a The legislative clerk proceeded to SURFACE TRANSPORTATION ACT tremendous achievement reached by call the roll. Mr. BAUCUS. Mr. President, the working together—creating or sus- Mr. BOOZMAN. I ask unanimous con- British statesman Edmund Burke said: taining 1.8 million jobs a year. For my sent that the order for the quorum call All government—indeed every human ben- State of Montana, this bill will create be rescinded. efit and enjoyment, every virtue, and every or sustain 14,000 jobs each year, and it The ACTING PRESIDENT pro tem- prudent act—is founded on compromise and cuts through redtape to put people to pore. Without objection, it is so or- barter. work on those jobs even faster. It gives dered. Compromise and barter. That means the State of Montana and our local f give-and-take in order to work things communities the flexibility they need out. to fund the alternative transportation HONORING OUR ARMED FORCES I want to apply Burke’s famous apho- projects that work best for them. It in- STAFF SERGEANT JERRY REED II rism to the two leaders of the Environ- vests in the Land and Water Conserva- Mr. BOOZMAN. Mr. President, we are ment and Public Works Committee, tion Fund and continues a vital pro- reading in the news about the violence the chairman, Senator BARBARA BOXER gram to support our timber commu- in countries all around the world and of California, and the ranking member, nities. It does it all without adding one are reminded about the tremendous Senator JIM INHOFE of Oklahoma—one single dime to the Federal deficit.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4055 Simply put, this bill is an investment my ‘preexisting condition.’ And I no longer cluded—to reduce costly hospital re- in jobs we can’t afford to pass up. That was going to be denied coverage for exceed- admissions. is why this weekend Montana’s largest ing arbitrary caps set by insurance compa- Health reform provides law enforce- nies. newspaper, the Billings Gazette, called ment with new tools and resources to on the House to pass the Senate bill, Cece’s story is not unique. Health re- protect Medicare and Medicaid from and I join that call today. form is working for people in Montana fraud and abuse. These efforts recov- The current highway bill expires at and across the country, and it is saving ered more than $4 billion last year. the end of this month, and the con- them money. The law improved our New antifraud provisions in the act, in struction season is starting soon. As health care system and enabled it to the health care bill, helped recover the Gazette notes, a short-term exten- focus on prevention and keeping Amer- more than $4 billion in fraud last year. sion doesn’t provide the certainty we icans healthy. We have reforms to pay Just a few weeks ago, Federal agents need to get highway projects off the for quality of care rather than quan- made the largest Medicare fraud bust ground and workers on the job. We can- tity of services. In just 2 years, health in U.S. history. Ninety-one people were not afford to put these jobs on hold by reform has lowered costs for millions of charged with defrauding taxpayers for kicking the can down the road—espe- Americans. Parents can now afford to nearly $300 million. cially when we don’t have to, and, also, cover their entire family, including More parts of the affordable care act especially when we don’t have much children up to the age of 26. More than that will help consumers will start in more road to kick the can. 2.5 million young adults have been able the year 2014, including the State-based The Senate bill is the product of to stay on their parents’ plan thanks to affordable insurance exchanges. On months of debate and cooperation, of health reform. these exchanges people will be able to give-and-take from all sides, carefully Prescription drugs are now cheaper save money. How? By shopping for an crafted into a bipartisan investment we for seniors because of the act. Already insurance plan that is right for them. can all be proud to support. It has al- more than 5 million Medicare bene- It is like getting on Expedia or Orbitz: ready passed the test of overwhelm- ficiaries have saved more than $3 bil- you just get on and shop around and ingly bipartisan support in the Senate, lion on drugs. Again, that is $3 billion find the one that is best for you. saved by seniors on drugs, and health and there is no reason the House should For too long, individuals and small reform eliminates the so-called Medi- not take up this bill and pass it right businesses shopping for insurance on care prescription drug doughnut hole. away. their own have had very limited op- This puts dollars back in seniors’ pock- The House should understand that we tions. The plans that were available ets—dollars they can use for groceries need to work together to achieve solu- were often too expensive. Now, for the or electricity bills. tions upon which the American people first time, insurance companies will can rely. Edmund Burke understood Seniors now receive free annual wellness visits and free screenings. have to compete against each other for that. Thankfully, Senators BOXER and business on a level playing field. That INHOFE clearly understand it too. I This focus on prevention leads to bet- ter health outcomes, and it keeps them will mean lower premiums, better cov- thank them for that. erage, and more choices. f healthier. It saves money by allowing seniors and their doctors to catch con- Health reform has also reduced gov- AFFORDABLE CARE ACT ditions such as high blood pressure and ernment costs by dramatically slowing Mr. BAUCUS. Mr. President, Presi- diabetes before they become serious the growth in spending. According to dent Truman once said, ‘‘Healthy citi- and costly. our nonpartisan scorekeeper, the Con- zens constitute our greatest national Health reform also helps those who gressional Budget Office, health reform resource.’’ wish to retire early to afford insurance slowed the growth in health spending Two years ago last week we passed until they qualify for Medicare. The by 4 percent. That will save taxpayer the affordable care act. We passed it to law has provided almost $4.5 billion in dollars and help get our deficit problem help give every American access to aid to businesses to give early-retiree under control. quality affordable health care. coverage to these employees. Let me We need to let the law keep working People such as Cece Whitney from repeat that. The law has provided al- to save families and taxpayers more Helena, MO, know exactly how much most $4.5 billion in aid to businesses to money. The Congressional Budget Of- help this law provides. Doctors diag- enable them to give early-retiree cov- fice tells us that repealing the afford- nosed Cece with cystic fibrosis by age erage for their employees. able care act—repealing it now—would 7. By high school she carried an oxygen Health reform is also saving Ameri- increase the Federal deficit by nearly tank. By the end of college she re- cans money through new consumer $143 billion over the next decade. Re- ceived a double lung transplant. Even protections. It is ending insurance peal would cost the Federal deficit $143 with insurance coverage Cece and her company abuses. Medical loss ratios is billion over the next decade according family paid tens of thousands of dollars one that comes to my mind. Because of to the Congressional Budget Office, and out of pocket. But things looked even health reform, parents can now keep it would increase the deficit by more worse when she hit an arbitrary cov- their kids who have preexisting condi- than $1 trillion in the decade after erage limit, and if she had lost her in- tions on their plan, and insurance com- that. surance before health reform she might panies can no longer exclude these Repealing health reform would also not have been able to find any insur- children. Insurance companies can no leave tens of millions of Americans ance coverage at all. longer place lifetime and restrictive without insurance. Studies have shown Insurance companies could have yearly limits on their health coverage this would cost every American family turned her away simply because she that can cost Americans such as Cece an extra $1,000 a year. That is some- was born with cystic fibrosis. But now, Whitney tens of thousands of dollars, thing we cannot afford. The affordable thanks to the affordable care act, Cece and insurance companies can no longer care act has already saved millions of will always be covered. She will always go back and scrutinize applications for Americans money and helped them get have access to the care she needs. tiny errors as a way to deny payments affordable health care, and millions A year ago, on the affordable care after a customer gets sick. more will gain access in the coming act’s first anniversary, Cece shared her Health reform has also created the years. Healthy citizens are, indeed, the story about seeing health reform Medicare and Medicaid Innovation Cen- greatest asset our country has. We signed into law with her local news- ter to put good ideas from the private need to let health reform keep working paper. She said she cried tears—tears sector into action. The center is al- for all Americans. of extreme joy. She wrote: ready working with more than 7,100 or- I yield the floor. I knew that I no longer had to worry about ganizations—hospitals, physicians, The ACTING PRESIDENT pro tem- losing or being denied coverage because of consumer groups, and employers in- pore. The Senator from Arizona.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4056 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 CHENEY WELL WISHES private-sector economic performance and HEALTH CARE raise questions about the ability of the gov- Mr. KYL. Mr. President, first I would ernment to pay it back. And annual deficits Mr. KYL. Mr. President, as we know, like to take a moment to wish Vice of more than 3 percent of GDP are regarded today the Supreme Court began hear- President Cheney well as he recovers as a sign of a government that has lost con- ing arguments about the constitu- from his big-time heart transplant sur- trol of its finances. tionality of the affordable care act. It gery. My wife Caryll and I have him in Right now, total federal debt exceeds 100 is one of the most critically important our thoughts and prayers, and we send percent of GDP. The deficit is 8.5 percent of Supreme Court cases of our time. A our best wishes to him and to his en- GDP. And that’s the lowest it’s been in four Wall Street Journal editorial noted years. tire family. I am sure ‘‘the Angler,’’ as last Friday: he was called, would rather be out fish- The Ryan budget would get the annual def- ing in Wyoming on the Snake River, icit below 3 percent of GDP by 2015. At the Few legal cases in the modern era are as end of the 10-year planning horizon, total consequential, or as defining, as the chal- where I know he has been very happy. federal debt would be an estimated 87 per- lenges to [this law]. . . . The powers that the I hope he can get back out West soon. cent of GDP, barely out of the red zone. Obama administration is claiming change In the meantime, I know he is fortified Despite the caterwauling of critics, Ryan the structure of the American government as by his wonderful family, his wife Lynn, doesn’t achieve this through brutal budget it has existed for 225 years. . . . The Con- his two daughters, and his grand- cuts. Quite the contrary. stitutional questions the Affordable Care Act children. We wish him all the best. Under Ryan’s budget, federal spending poses are great, novel, and grave. f would increase from $3.6 trillion today to $4.9 The editorial, entitled ‘‘Liberty and trillion 10 years from now. That’s an average RYAN BUDGET ObamaCare,’’ lays out the constitu- annual rate of increase of around 3 percent. tional problems with the affordable Hardly a starvation diet. Mr. KYL. In a recent column in the health care act and focuses on the bill’s Arizona Republic, my friend Bob Robb What is the alternative to Ryan’s plan to get the federal government out of the red centerpiece: the individual mandate to laid out a very thoughtful contrast be- purchase health insurance. As the edi- tween President Obama’s budget and zone on debt and deficits? It certainly isn’t President Barack Obama’s budget. torial notes, the case against this pro- the alternative put forth by House Under Obama’s budget, the annual deficit vision is anchored in ample constitu- Budget Committee chairman PAUL wouldn’t get under 3 percent of GDP until tional precedent, and I quote their con- RYAN, which the House of Representa- 2017. That would mean eight consecutive clusion: tives will be acting on this week. In his years of exceeding the deficit speed limit. The Commerce Clause that the government column Robb notes that the Ryan That’s not a country in control of its fi- invokes to defend such regulation has always budget would get the Federal deficit nances. applied to commercial and economic trans- below 3 percent of GDP by 2015 and Under Obama’s budget, the country would actions, not to individuals as members of so- after a decade would reduce our debt- never get below 100 percent of GDP in terms ciety. . . . The Court has never held that the to-GDP ratio from today’s 100 percent of total debt. After 10 years, the country Commerce Clause is an ad hoc license for to about 87 percent or just under the would still be deep in the red zone. anything the government wants to do. Rather than increase federal spending to share many economists believe affects I urge my colleagues to read this ar- private sector economic performance $4.9 trillion over 10 years, Obama would in- crease it to $5.8 trillion—or nearly 5 percent ticle, and I ask unanimous consent and casts doubt on the government’s a year, compared with Ryan’s 3 percent. that it be printed in the RECORD. ability to even repay its obligations. Obama’s tax increases aren’t really to re- Robb explains that ‘‘despite the cater- There being no objection, the mate- duce the deficit, as he claims. They are to rial was ordered to be printed in the wauling of critics, Ryan doesn’t support his higher rate of growth in spend- achieve this through brutal budget ing. RECORD, as follows: cuts. Quite the contrary.’’ He explains Right now, there’s not a political urgency [The Wall Street Journal, Mar. 22, 2012] why the Ryan budget would allow to do something meaningful about debt and LIBERTY AND OBAMACARE spending to increase about 3 percent deficits because the federal government can each year, compared to the Obama borrow a seemingly unlimited amount of Few legal cases in the modern era are as budget’s about 5 percent annual in- money at very low interest rates. consequential, or as defining, as the chal- creases, and he concludes that low in- But that could change. And it could change lenges to the Patient Protection and Afford- overnight. And if it changes, the federal gov- able Care Act that the Supreme Court hears terest rates are currently muting the ernment will have to take action much more beginning Monday. The powers that the effects of our growing debt on the econ- drastic and quicker than the relatively Obama Administration is claiming change omy, but it could change overnight. gentle and gradual pathway provided by the the structure of the American government as ‘‘And if it changes, the federal govern- Ryan budget. it has existed for 225 years. Thus has the ment will have to take action much The most controversial parts of the Ryan health-care law provoked an unprecedented more drastic and quicker than the rel- budget—tax reform and Medicare reform— and unnecessary constitutional showdown atively gentle and gradual pathway are actually irrelevant to the task of getting that endangers individual liberty. provided by the Ryan budget.’’ out of the red zone for debt and deficits. The It is a remarkable moment. The High I hope Senators will take a few mo- tax reform is intended to be revenue-neutral. Court has scheduled the longest oral argu- The Medicare reform doesn’t kick in until ments to review this column in its en- ments in nearly a half-century: five and a after the 10-year planning horizon of the half hours, spread over three days. Yet tirety. I ask unanimous consent that it budget resolution. It’s intended to reduce the Democrats, the liberal legal establishment be printed in the RECORD. debt problem of the future, not get us out of and the press corps spent most of 2010 and There being no objection, the mate- our current hole. 2011 deriding the government of limited and rial was ordered to be printed in the If Democrats were serious about doing enumerated powers of Article I as a quaint RECORD, as follows: something about debt, there would be room artifact of the 18th century. Now even Presi- for discussion about changes to the Ryan dent Obama and his staff seem to grasp their [From the Arizona Republic, Mar. 23, 2012] blueprint. The Simpson-Bowles Commission constitutional gamble. RYAN HAS A LESS-PAINFUL DEBT PLAN proposed tax reform similar to what Ryan Consider a White House strategy memo (By Robert Robb) advocates, lower rates on a broader base, but that leaked this month, revealing that sen- Critics of Rep. Paul Ryan’s proposed budg- in a way that increases revenues to the gov- ior Administration officials are coordinating et resolution are almost universally ernment. Ryan proposes spending $440 billion with liberal advocacy groups to pressure the unserious about getting federal debt and more on defense over 10 years than does Court. ‘‘Frame the Supreme Court oral argu- deficits under control. The country will be Obama. The relative allocations within the ments in terms of real people and real bene- very lucky if it gets a chance to implement Ryan spending limits are certainly arguable. fits that would be lost if the law were over- as gentle and gradual a path to fiscal sobri- But Democrats aren’t serious, so the Ryan turned,’’ the memo notes, rather than ‘‘the ety as the Ryan plan outlines. budget is the only current alternative to just individual responsibility piece of the law and Economists believe there are two red lines waiting for the credit markets to start say- the legal precedence [sic].’’ Those non- for debt and deficits. If accumulated debt ex- ing no. If that day arrives, the Ryan plan political details are merely what ‘‘lawyers ceeds 90 percent of GDP, it begins to affect will look awfully lovely in retrospect. will be talking about.’’

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4057 The White House is even organizing dem- The Court, however, has never held that conservative ‘‘judicial activism,’’ saying onstrations during the proceedings, includ- the Commerce Clause is an ad hoc license for that the dispute is only political. This is re- ing a ‘‘ ‘prayerful witness’ encircling the Su- anything the government wants to do. In ductive reasoning. Laws obey the Constitu- preme Court.’’ The executive branch is sup- 1995, in Lopez, it gave the clause more defini- tion or they don’t. The courts ought to defer posed to speak to the Court through the So- tion by striking down a Congressional ban on to the will of lawmakers who pass bills and licitor General, not agitprop and crowds in carrying guns near schools, which didn’t rise the Presidents who sign them, except when the streets. to the level of influencing interstate com- those bills violate the founding document. The Supreme Court will not be ruling merce. It did the same in 2000, in Morrison, As for respect of the democratic process, about matters of partisan conviction, or the about a federal violence against women stat- there are plenty of ordinary, perfectly con- President’s re-election campaign, or even ute. stitutional ways the Obama Democrats could about health care at all. The lawsuit filed by A thread that runs through all these cases have reformed health care and achieved the 26 states and the National Federation of is that the Court has always required some same result. They could have raised taxes to Independent Business is about the outer limiting principle that is meaningful and can fund national health care or to make direct boundaries of federal power and the architec- be enforced by the legal system. As the Af- cross-subsidy transfers to sick people. They ture of the U.S. political system. fordable Care Act suits have ascended chose not to avail themselves of those op- The argument against the individual man- through the courts, the Justice Department tions because they’d be politically unpopu- date—the requirement that everyone buy has been repeatedly asked to articulate some lar. The individual mandate was in that health insurance or pay a penalty—is care- benchmark that distinguishes this specific sense a deliberate evasion of the account- fully anchored in constitutional precedent individual mandate from some other pur- ability the Constitution’s separation of pow- and American history. The Commerce Clause chase mandate that would be unconstitu- ers is meant to protect. that the government invokes to defend such tional. Justice has tried and failed, because a Meanwhile, some on the right are treating regulation has always applied to commercial limiting principle does not exist. this case as a libertarian seminar and root- and economic transactions, not to individ- The best the government can do is to claim ing for the end of the New Deal precedents. uals as members of society. But the Court need not abridge stare decisis This distinction is crucial. The health-care that health care is unique. It is not. Other and the plaintiffs are not asking it to do so. and health-insurance markets are classic industries also have high costs that mean The Great Depression farmer in Wickard, interstate commerce. The federal govern- buyers and sellers risk potentially cata- Roscoe Filburn, was prohibited from growing ment can regulate broadly—though not with- strophic expenses—think of housing, or cred- wheat, and that ban, however unwise, could out limit—and it has. It could even mandate it-card debt. Health costs are unpredict- be reinstated today. Even during the New that people use insurance to purchase the able—but all markets are inherently unpre- Deal the government never claimed that services of doctors and hospitals, because dictable. The uninsured can make insurance nonconsumers of wheat were affecting inter- then it would be regulating market partici- pools more expensive and transfer their costs state wheat prices, or contemplated forcing pation. But with ObamaCare the government to those with coverage—though then again, everyone to buy wheat in order to do so. is asserting for the first time that it can similar cost-shifting is the foundation of The crux of the matter is that by arro- compel people to enter those markets, and bankruptcy law. gating to itself plenary police powers, the only then to regulate how they consume The reality is that every decision not to government crossed a line that Justice An- health care and health insurance. In a word, buy some good or service has some effect on thony Kennedy drew in his Lopez concur- the government is claiming it can create the interstate market for that good or serv- rence. The ‘‘federal balance,’’ he wrote, ‘‘is commerce so it has something to regulate. ice. The government is asserting that be- too essential a part of our constitutional This is another way of describing plenary cause there are ultimate economic con- structure and plays too vital a role in secur- police powers—regulations of private behav- sequences it has the power to control the ing freedom for us to admit inability to in- ior to advance public order and welfare. The most basic decisions about how people spend tervene when one or the other level of gov- problem is that with two explicit exceptions their own money in their day-to-day lives. ernment has tipped the scale too far.’’ (military conscription and jury duty) the The next stops on this outbound train could The constitutional questions the Afford- Constitution withholds such power from a be mortgages, college tuition, credit, invest- able Care Act poses are great, novel and central government and vests that authority ment, saving for retirement, Treasurys, and grave, as much today as they were when they in the states. It is a black-letter axiom: Con- who knows what else. were first posed in an op-ed on these pages gress and the President can make rules for Confronted with these concerns, the Ad- by the Washington lawyers David Rivkin and actions and objects; states can make rules ministration has echoed Nancy Pelosi when Lee Casey on September 18, 2009. The appel- for citizens. she was asked if the individual mandate was The framers feared arbitrary and central- constitutional: ‘‘Are you serious?’’ The polit- late circuits are split, as are legal experts of ized power, so they designed the federalist ical class, the Administration says, would all interpretative persuasions. The Obama Administration and its allies system—which predates the Bill of Rights— never abuse police powers to create the pro- are already planning to attack the Court’s to diffuse and limit power and to guarantee verbial broccoli mandate or force people to credibility and legitimacy if it overturns the accountability. Upholding the ObamaCare buy a U.S.-made car. Affordable Care Act. They will claim it is a mandate requires a vision on the Commerce But who could have predicted that the gov- purely political decision, but this should not Clause so broad that it would erase dual sov- ernment would pass a health plan mandate sway the Justices any more than should the ereignty and extend the new reach of federal that is opposed by two of three voters? The law’s unpopularity with the public. general police powers into every sphere of argument is self-refuting, and it shows why The stakes are much larger than one law what used to be individual autonomy. upholding the rule of law and defending the These federalist protections have endured structural checks and balances of the separa- or one President. It is not an exaggeration to despite the shifting definition and scope of tion of powers is more vital than ever. say that the Supreme Court’s answers may interstate commerce and activities that sub- Another Administration fallback is the constitute a hinge in the history of Amer- stantially affect it. The Commerce Clause Constitution’s Necessary and Proper Clause, ican liberty and limited and enumerated was initially seen as a modest power, meant which says Congress can pass laws to execute government. The Justices must decide if to eliminate the interstate tariffs that pre- its other powers. Yet the Court has never those principles still mean something. vailed under the Articles of Confederation. hesitated to strike down laws that are not Mr. KYL. Finally, continuing on the James Madison noted in Federalist No. 45 based on an enumerated power even if point about the argument on that it was ‘‘an addition which few oppose, they’re part of an otherwise proper scheme. ObamaCare and referring to a different and from which no apprehensions are enter- This clause isn’t some ticket to justify in- piece that appeared in the Wall Street tained.’’ The Father of the Constitution also herently unconstitutional actions. Journal, I wanted to talk just a little noted that the powers of the states are ‘‘nu- In this context, the Administration says merous and infinite’’ while the federal gov- the individual mandate is necessary so that bit in more detail about the justifica- ernment’s are ‘‘few and defined.’’ the Affordable Care Act’s other regulations tion of this mandate to purchase That view changed in the New Deal era as ‘‘work.’’ Those regulations make insurance health insurance, the requirement that the Supreme Court blessed the expansive more expensive. So the younger and every individual in the United States powers of federal economic regulation under- healthier must buy insurance that they may be the recipient of a specifically de- stood today. A famous 1942 ruling, Wickard not need or want to cross-subsidize the older fined policy by the U.S. Government. v. Filburn, held that Congress could regulate and sicker who are likely to need costly The rationale the government has growing wheat for personal consumption be- care. But that doesn’t make the other regu- provided is that if we do not do this, cause in the aggregate such farming would lations more ‘‘effective.’’ The individual affect interstate wheat prices. The Court re- mandate is meant to offset their intended fi- then free riders or people who do not affirmed that precedent as recently as 2005, nancial effects. have insurance but might get sick will in Gonzales v. Raich, regarding homegrown Some good-faith critics have also warned end up shifting all of the burden of marijuana. that overturning the law would amount to their care onto the rest of us, and

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4058 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 therefore the government needs to reg- for the individual mandate. In fact, as tinue their existing Medicaid Programs ulate that by forcing everybody to buy an amicus brief by over 100 economists if they lost all of this Federal funding. insurance. On March 20 the Journal points out, ‘‘The [Affordable Care] Act An amicus brief signed by over 100 published a piece by Douglas Holtz- is projected to impose total net costs of economists examined Medicaid data to Eakin and Vernon Smith, a former $360 billion on health insurance compa- determine the economic impact of CBO Director and an economics pro- nies from 2012 to 2021.’’ With the man- States losing all of their Medicaid fessor, respectively, which I think real- dates, however, ‘‘insurance companies funds, and it found that if States were ly debunks this argument on the mer- can be expected to essentially break forced to absorb Federal Medicaid ex- its. It explains the real reason this even.’’ This is no coincidence. penditures into their own State budg- mandate, as well as a dramatic expan- If this is the real justification for the ets, ‘‘the State’s total budgetary ex- sion of Medicaid, is unconstitutional. I mandate to purchase health care, I sub- penditures would jump by 22.5 per- just wanted to highlight the points mit it should have been done through cent.’’ In other words, there is no real they make. an enumerated power—perhaps under choice. The options for States are to do First, Holtz-Eakin and Smith address the tax power of the Federal Govern- as the Federal Government says or this individual mandate question. ment, which is at least one of the pow- leave Medicaid, which by now is so States, of course, have general police ers the Constitution explicitly pro- engrained in the care for the indigent power to regulate the conduct of their vides. that unwinding it, in effect, disentan- citizens, but Federal power, by con- In any event, this individual mandate gling it from existing Federal-State re- trast, is very limited over individuals. cannot be justified to regulate inter- lationships, would be virtually impos- The authors make the important state commerce. The supporters of the sible and would obviously jeopardize point that heath care policy has tradi- mandate have therefore introduced a care for the population without other tionally been a State function. Health second argument. They say health care health coverage. This is coercion, plain care needs relate to individuals and is just different from all other com- and simple. It is unconstitutional. vary from person to person and region merce. It is bigger. Everybody has to Second, ObamaCare expands Med- to region. As a policy matter, States have health care—as if they did not icaid eligibility to everyone under 138 have a better understanding of what have to have food on the table or shel- percent of the Federal poverty level. kind of improvements to health care ter over their head or clothes on their For individuals who make less than 138 access are needed. back and so on. In any event, they say percent of the poverty level, Here is what they wrote: health care is different and somehow ObamaCare provides no means for com- The administration’s attempt to fashion a this difference gives Congress the right plying with the individual mandate singular, universal solution is not necessary to force people to buy government- other than enrolling in Medicaid. In to deal with the variegated issues arising in mandated health insurance under its their brief to the Supreme Court, the these markets. States have taken the lead in power to regulate interstate commerce. States suing over the Medicaid expan- past reform efforts. They should be an inte- But the argument that ‘‘this particular sion said it best: gral part of improving the functioning of market is just different’’ is beside the health-care and health-insurance markets. When Congress mandates that Medicaid-el- point even if it were true because it igible individuals maintain insurance, but If the States have the legal power to does not articulate a constitutional provides no alternative means for them to address health issues and are better limitation that is judicially enforce- obtain it, it is impossible to label the States’ equipped to do so, then where does the able. participation in Medicaid voluntary. justification for Federal jurisdiction The question before the Court is If it is the only way someone can get come from? The authors note that the whether there is any limit to it, it is not voluntary. administration’s argument is that the Congress’s power to regulate com- Well, ObamaCare, as a whole, cannot Federal Government mandate is needed merce. Obviously, the Framers would survive without these unconstitutional to address the cost-shifting, the thing I never have countenanced a Federal re- provisions, and these are the reasons I talked about before. But they note that quirement to purchase a product so believe it will and can be struck down this is a red herring. ‘‘In reality,’’ the that the government could then regu- as unconstitutional. authors write, ‘‘the mandate has al- late it. So what limit on constitutional f most nothing to do with cost-shifting.’’ power is suggested by the health care That is because, in actuality, the market? None. That is precisely the MISSILE DEFENSE young and the healthy—the people who point. The government cannot draw a Mr. KYL. Mr. President, the last sub- are not buying health insurance— line, and, as a result, it would have to ject I would like to comment on is an aren’t imposing much of a burden on argue that there is no limit to its pow- unrelated subject. It has to do with the system because they do not get ers, and that, of course, would run comments the President was overheard sick that often. They do not need as counter to the reason the Framers put making in a meeting he was holding much insurance because they do not limitations into the Constitution. with Russian President Dmitri need as much health care. The authors The individual mandate is not the Medvedev at the Nuclear Security say that ‘‘the insurance mandate can- only provision in ObamaCare that is Summit in South Korea. He had a hot not reasonably be justified on the constitutionally impermissible. The mike which captured comments he was ground that it remedies costs imposed Medicaid expansion is also violative. making privately to President on the system by the voluntarily unin- While Congress has well-established Medvedev. He requested a little space, sured.’’ In other words, as I said, there power to use its purse strings to en- as he put it, in negotiations over mis- is not that much free-riding going on. courage the States to adopt certain sile defense issues until after the elec- The authors conclude that the real Federal policies, it cannot force them tion when he said he would have more purpose of the mandate is not to de- or compel them to do so. ObamaCare’s flexibility. crease the costs of uncompensated Medicaid expansion essentially coerces Well, obviously, this presents a prob- care, it is meant to force the young and the States into complying with new lem that is going to have to be dis- the healthy to buy health insurance at Medicaid policies. cussed with the Congress because if the rates far above the amount and scope This occurs in two different ways. President is, in effect, saying he would of coverage they actually need because First, if a State does not comply with like to make a deal to limit U.S. mis- they are generally healthy individuals. the ObamaCare eligibility expansion, it sile defenses now, but he would be ac- But this extra money will help fund would lose all of its Federal Medicaid countable to the American public if health insurance companies and there- funds—even for patient populations they became aware of it before his re- fore offset the huge increased costs im- that the State had already covered election bid, it would be very difficult posed upon them by ObamaCare’s many long before ObamaCare was passed. for him to make the kind of conces- new regulations. This is the real reason Few if any States would be able to con- sions that President Medvedev wants.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4059 But if the Russian President would just We are going to use this opportunity what the Court decides, it needs to be wait until after the next election, then to explain how out of touch Democrats repealed and replaced with common- the President will have more flexibility are on high gas prices and put a spot- sense reforms that actually lower costs to work with the Russians on what light on the commonsense ideas Repub- and that Americans really want. they want. licans have been urging for years— So we will keep one eye on the Su- Well, President Medvedev very help- ideas that reflect our genuine commit- preme Court this week, and we are bas- fully said: I will pass this on to Vladi- ment to the kind of ‘‘all of the above’’ ing our opinion on something simpler mir. approach the President claims to sup- than the legal arguments we will hear Here are a few things we know: We port but actually doesn’t. this week. We are looking at whether know President Obama canceled plans Look, this isn’t terribly complicated. this law helped or hurt. On that ques- to station antiballistic defense systems Americans from Maine to California tion the verdict is already in, just like in Poland and the Czech Republic. We are frustrated at high gas prices. What so much else this President has done know the President supported language do they see in Washington? They see over the past few years. in a new START treaty to link missile Democrats pushing legislation that Look, we need health care reform, defense to nuclear reduction. We know even they admit doesn’t have a thing but this law has made things worse. On the administration is sharing informa- to do with lowering gas prices. At least that basis alone it should be repealed tion with Russia, including plans to de- seven Democrats are on record saying and replaced. That is what Americans ploy missile defenses in Europe. We this bill doesn’t do a thing to lower gas want, and that is what we plan to do. know the President has significantly prices. Last year its own sponsor said I yield the floor. reduced funding for and curtailed de- nobody has made the claim this is The ACTING PRESIDENT pro tem- velopment of the U.S. national missile about reducing gas prices—all of which pore. The Senator from Michigan. defense system, undermining our abil- raises an obvious question: What are f ity to effectively intercept long-range we doing it for? How does this help the OIL MARKET SPECULATION ballistic missiles, and we know the American people now? President has doubled down on efforts Of course it doesn’t. In response to Mr. LEVIN. Mr. President, once to reduce our nuclear arsenal while record-high gas prices, Democrats in again, oil prices have spiked to high failing to honor his promises to mod- Congress want to raise taxes on the levels threatening our economic recov- ernize the aging nuclear weapon com- very people who produce it. Meanwhile ery. Prices are now nearing $110 a bar- plex. the President is blocking a pipeline rel, up nearly 30 percent since October What we don’t know is what Presi- that would decrease our dependence on 2011, only 5 months ago. For years now dent Obama has in mind for working Middle East oil and create literally the commodity markets have taken with the Russians after his reelection thousands of American jobs. the American people on an expensive when he would—as he put it—have Americans see the Democratic re- and damaging roller coaster ride with some flexibility in negotiating with sponse to high gas prices to make them rapidly changing prices for crude oil. them. Perhaps the Russians in whom even worse. That is the Democrats’ re- In 2007, a barrel of crude oil started the President confided could shed some sponse to high gas prices, to make out costing $50 a barrel. By the end of light on missile defense plans. Then them even worse. They are starting to the year, the price had nearly doubled. perhaps the President should shed that wonder if this might as well be the In 2008, oil prices shot up in July to light on these negotiations with the Democrats’ official slogan: Vote for us, nearly $150 a barrel, and then by the American people before discussing and we will make things worse. Be- end of the year crashed to $35. In the them with the Russians. cause whether it is jobs or debt or beginning of 2011, oil prices took off I yield the floor. spending or gas prices, that is the again, climbing to over $110 per barrel f Democratic record, which leads me to in May. Then they began falling. In Oc- health care. tober oil traded at $75 per barrel, a RECOGNITION OF THE MINORITY Today, as we all know, the Supreme drop of more than 30 percent over 4 LEADER Court began hearing arguments on the months. The ACTING PRESIDENT pro tem- President’s health care law. Among Now 5 months later oil prices are pore. The Republican leader is recog- other things, the Court will consider back up to nearly $110 a barrel. This nized. whether the mandate at the core of unpredictable and incessant price vola- f this law is constitutional. As one of the tility is burdening American con- many public officials who filed a brief sumers and businesses with both uncer- FACING THE ISSUES before the Court opposing this law, I tainty and expense. Mr. MCCONNELL. Mr. President, as believe strongly the law is, in fact, un- Some in the media are blaming re- Americans filled up their cars with gas constitutional, and I hope the Court cent events in the Middle East for the this weekend, I am sure a lot of them agrees. latest oil price spikes, but Middle East wondered how much higher gas prices Even if the Court ends up disagreeing instability cannot explain these large could actually go. Well, today the with me, the case for repeal becomes gyrations. We have seen uncertainty, Democratic-controlled Senate plans to increasingly difficult to refute. The unrest, and armed conflict in that re- send these folks a message: If they had President was right to seek reform, but gion for more than 50 years without their way, gas prices would be even the bill he gave us and the Democrats seeing this same pattern of extreme higher. forced through Congress on a party- price volatility in oil prices. That vola- Today Democrats will propose rais- line vote is not working. Instead of tility has become a feature of U.S. oil ing taxes on America’s energy manu- lowering costs, it is increasing them. markets over the last 7 years. facturers, something common sense Instead of strengthening Medicare, it There is something else at work be- and basic economics tell us will lead to raided Medicare. Instead of helping hind the spikes and sudden drops in the even higher prices at the pump. This is States, it has created financial burdens price of oil and other commodities in the Democratic response to high gas they cannot even bear. Instead of low- recent years, and we have strong evi- prices, and, frankly, I cannot think of ering insurance premiums, it has dence showing what it is. It is the in- a better way to illustrate how com- caused them actually to go up. creasing role of market speculators pletely and totally out of touch they When it comes to jobs, some have betting on price swings. are on this issue. That is why Repub- called the law the single biggest det- For years now the Permanent Sub- licans plan to support moving forward riment to job creation in America right committee on Investigations, which I on a debate over the legislation be- now, and most Americans believe it is chair, has been digging into the prob- cause it is a debate the country de- unconstitutional. This law is a mess, lem of excessive speculation in the serves. an absolute mess, and regardless of commodity markets. Since 2002, the

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4060 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 subcommittee has conducted a series of United States exported more gasoline, Before this, there was this huge investigations into commodities pric- diesel, and other petroleum products amount of speculation in the oil fu- ing, in particular focusing on how spec- than it imported. The United States is tures market and we did not have these ulators have changed the game. Our in- projected to do the same in 2012 and large spikes which we have had in the vestigations have used specific case 2013. At the same time U.S. oil supplies last few years. histories involving oil, natural gas, and stayed steady and production in- The reality is that oil prices again wheat prices to show how excessive creased, U.S. demand went down. In are not just affected by physical supply speculation in the futures and swaps 2011, U.S. fuel consumption actually and demand but by speculative pres- markets have distorted prices, over- sank and oil demand in North America sures on prices. That means if we are whelmed normal supply-and-demand contracted by 0.5 percent. Some of that to get a handle on oil prices, excessive factors, and pushed up prices at the ex- drop was due to lower economic activ- speculation must be curbed. There is a pense of consumers and American busi- ity, some to greater energy effi- lot we can do to combat excessive spec- nesses. ciencies, and some to higher energy ulation, and I will spell out some of For example, in 2006 the sub- costs. these steps. committee released a report that found For example, U.S. demand for gaso- Congress has already taken the first that billions of dollars of commodity line sank nearly 3 percent last year. steps. In July 2010, Congress enacted index trading by speculators in the More broadly, in 2011, total U.S. de- the Dodd-Frank Act which, in Section crude oil market had helped push up mand for all types of oil products fell 737, directed the CFTC to establish futures prices in 2006, causing a cor- to 18.8 million barrels a day, from 20.8 speculative position limits on energy responding increase in cash prices and million barrels a day in 2005. That is a and other previously exempted com- was responsible for an estimated $20 drop of 10 percent. The end result is modities, and broadened CFTC author- out of the then $70 cost for a barrel of that over the last year oil demand was ity to apply those limits to all types of oil. Since then even more speculators down and supply was up in the United commodity-related instruments, in- have entered the commodities mar- States. Under normal economic condi- cluding futures, options, and swaps. kets. Today we have commodity index tions, both factors should have led to The Dodd-Frank Act also required all traders, exchange-traded products, lower oil prices. Instead, despite steady large commodity traders to begin re- even mutual funds betting billions of or improving oil supplies and steady or porting their trades in real time to a dollars on crude oil prices on a daily dropping demand, U.S. crude oil prices central repository, increasing trans- basis. became more like a roller coaster than parency, producing new detailed trad- Speculators have now come to domi- ever. ing data, and strengthening regulatory nate our futures and swaps markets, What explains the price volatility oversight. overwhelming the commercial users and escalation? The answer is pretty In November 2011, in compliance with and producers who use and need these clear to me after 10 years of investiga- the Dodd-Frank requirements, the markets to set fair prices and hedge tions by our subcommittee: It is the CFTC issued a new position limits rule. risks. large amount of speculation in oil mar- The rule sets limits that are not as At a November hearing before my kets which is a major contributing fac- tough as they should be, but the real subcommittee, the Chairman of the tor to high prices. Speculators who problem is that they are not yet fully Commodity Futures Trading Commis- now comprise more than 80 percent of in force. That means this important sion, Gary Gensler, testified that over the U.S. futures oil market are bidding new tool to clamp down on excessive 80 percent of the outstanding futures on contracts, speculating on price speculation lies dormant. contracts for crude oil are now held by swings, and helping to drive up price One big roadblock is that, within a speculators. That fact is new, it is sig- volatility and crude oil prices. Higher month of the rule’s issuance, the finan- nificant, and we cannot ignore it. crude oil prices translate directly into cial industry filed a lawsuit to stop it It used to be that prices were deter- higher gasoline prices. According to a from taking effect. The lawsuit claims mined primarily by fundamental mar- February 27, 2012 article in Forbes Dodd-Frank didn’t require the CFTC to ket forces of supply and demand for magazine citing a recent report by impose position limits, although those physical commodities. When commod- Goldman Sachs, oil speculation ‘‘trans- of us in the Senate who fought for the ities were tight and demand high, lates out into a premium for gasoline law know position limits were made prices generally went up. In contrast, at the pump of 56 cents a gallon.’’ In mandatory by Dodd-Frank and were re- when supplies were ample and demand other words, speculation is adding 56 garded as vital to curbing excessive low, prices generally went down. Now- cents to the price of each gallon of gas speculation. The court is considering adays that relationship is largely ab- bought at the pump. the case now and hopefully will not sent. Here is a Reuters chart that uses allow the lawsuit to delay or thwart Here are some startling facts from CFTC data. It focuses on the crude oil the legal protections needed to stop recent press and government reports holdings of speculators, the group of American families and businesses from that show how U.S. crude oil prices traders that the CFTC refers to as being whipsawed by excessive specula- today have become disconnected to ‘‘managed money’’ and which includes tion in oil and other commodities. supply and demand. First is the fact commodity index funds, hedge funds, In the meantime, what should Con- that the United States has ample oil commodity pool operators, and com- gress do? First, we should stop pre- supplies in the neighborhood of 350 mil- modity trading advisers. The chart tending that $110 per barrel of oil is lion barrels in storage, which is toward uses CFTC data to track the ratio of caused solely by Mideast unrest or the higher range since 2008. World sup- their long to short crude oil futures physical supply and demand factors, plies are also adequate with the Saudi holdings over time. Last month, there and acknowledge a major contributing Arabian oil minister recently stating was a spike, way over here to the right. role played by speculators in crude oil that world supplies are stronger today Speculators held more longs than prices. Second, we ought to urge the than they were 4 years ago in 2008. shorts by a 12-to-1 ratio, the largest re- CFTC to find that current U.S. oil In addition, the United States is pro- corded difference in 5 years. That same prices, which do not reflect physical ducing more domestic oil than it has in week, U.S. crude prices hit a 9-month supply and demand factors, are evi- years. In 2010, U.S. domestic crude oil high of $110. And it is no surprise that dence of a severe market disturbance. production increased to 5.5 million bar- when more than 80 percent of the mar- That finding would allow the CFTC to rels per day, up from 5.1 million barrels ket suddenly bets 12 to 1 on prices exercise its emergency authority, with- in 2007, and is still climbing. In 2011, going up, oil prices do just this. out waiting any longer, to clamp down overall U.S. refining capacity also in- As we can see from this chart, these on excessive speculation in the oil mar- creased. Perhaps most surprising of all spikes occurred in the last year or two. kets. Among other options, the CFTC in 2011, for the first time since 1949, the Before that, we did not have the spikes. could tighten position limits for oil

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4061 traders, make those limits imme- HEALTH CARE better for you than you know for your- diately effective in the futures, op- Mr. COATS. Mr. President, this past self. We know what is better for you tions, and swap markets, strengthen Friday marked the 2-year anniversary than what your doctor suggests is margin requirements, and take other of when the president’s health care needed, and if you don’t get a govern- actions needed to bring oil prices back law, the affordable care act, otherwise ment-approved health care plan, we are into alignment with supply and de- known as ObamaCare, was signed in to going to assess you a fine. mand. law. I wasn’t in the Senate at the time; That is a basic, fundamental prin- Third, on a longer term basis, we I was actually in the State of Indiana ciple of constitutional law and the Su- should revamp the rules that enable campaigning to be in the Senate as a preme Court will be making that deter- commodity index traders, exchange representative of that State. As such, I mination. But I suggest that this Con- traded products, and mutual funds to had spent a considerable amount of gress needs to continue to debate this flood U.S. commodity markets with time crisscrossing the State and talk- and be prepared to act depending on speculative bets on commodities to the ing to Hoosiers about the health care what the Supreme Court decision is, detriment of American families and plan. From diners and restaurants all which will come down several months businesses. Legislation is needed to re- across Indiana to small businesses, from now. The second thing I wish to talk about quire the SEC and CFTC to impose large businesses, medium-size busi- briefly is the higher costs that ema- joint registration and reporting obliga- nesses, big industrial giants, small nate from this particular piece of legis- tions for traders that use securities to mom-and-pop operations, medical pro- viders, and ordinary citizens, we in In- lation. In addition to mandating that gain exposure in commodities, joint diana join the nearly two-thirds—or all Americans have health insurance, regulation of hybrid products that perhaps even more than two-thirds—of ObamaCare hits individuals and fami- combine securities and commodities the country that oppose this law. lies with increased costs at higher pre- trading, and increased margin and cap- Hoosiers didn’t then, and they don’t miums. The Nation’s nonpartisan budg- ital requirements for risky speculative now, want to have a one-size-fits-all et experts at the Congressional Budget bets. The Internal Revenue Service nationalized health care system. They Office estimate that when fully imple- needs to stop allowing mutual funds to want a healthier health care system. mented, this law will increase insur- use phony offshore corporations to cir- They want reforms to the current prob- ance premiums on a family policy by cumvent a longstanding 10 percent lems and excessive rising costs of an average of $2,100 a year. Therefore, limit on their commodity investments. health care. This is the first of many the affordable care act is hardly afford- Additional restrictions on commodity attempts I will make to discuss why we able and increases the already high index trading should also be consid- need to address this law, which is mov- premiums people have to pay for insur- ered, since it is the largest root cause ing toward ever and ever greater imple- ance. of modern day excessive speculation. mentation and particularly kicks in The President’s own Chief Actuary at Finally, we should ask more of the over the next two years. Hoosiers, as I the Center for Medicare Services re- President’s task force on commodity said, did not want the plan then and ported that the law will increase na- speculation. In March 2011, a year ago, they don’t want it now. They don’t tional health care costs by $311 billion Senator JACK REED and I sent a letter want to have Federal bureaucrats mak- in the first 10 years alone—increase is asking President Obama to convene a ing their health care decisions for the key word here. The goal of reform- task force to investigate and combat them. They want less government ing the Nation’s health care system intervention and higher quality of excessive speculation and manipula- initially was to reduce the sky- care, and they don’t want a health care tion of oil prices. While the Attorney rocketing costs for Americans, not in- system that increases costs and pre- General did convene a task force, it has crease them. Yet, we are now being miums while hurting job creators with concentrated principally on detecting a told by the experts and the President’s fines and penalties. They want afford- few cases of alleged criminal activity, own people that Obamacare will in- instead of tackling the broader issue of able care and good job opportunities. Two years after passage of that act, I crease costs. excessive speculation cases in which no continue to hear these messages from I also wish to speak about the impact one is committing a crime, but aggre- the people of Indiana and from others of this law on businesses. I talked to gate commodity trading tactics are as we discover more and more informa- dozens if not hundreds of businesses driving up prices and price volatility to tion about what is contained in this across the State of Indiana, both in the the point where they damage the U.S. massive 2,700-page bill that was passed campaign year of 2010 and then last economy. The task force needs to ur- in early 2010. I wish to discuss a few of year traveling as a Senator throughout gently refocus and bring its firepower the impacts of the ObamaCare law the State. The President’s health care to the battle to stop excessive specula- today. The first is the individual man- prescription results in bad side effects tion. date, and of course that is one of the for American businesses by hitting job In closing, until we limit excessive issues the Supreme Court is hearing creators with new taxes and new regu- speculation in commodity markets, the right now and will be making a deter- lations that they desperately don’t American economy will continue to be mination on. need at this point in our struggle to re- vulnerable to violent price swings and ObamaCare is the biggest example of gain economic growth. Take the em- American consumers and businesses government intrusion in the everyday ployer mandate. The law penalizes will continue to be whipsawed by oil lives of Americans, whether by forcing businesses that do not provide employ- prices unconnected to actual supply individuals to buy health insurance, ees with government-approved health and demand. American families cannot enacting onerous regulations on small care plans. Beginning in 2014, American afford the current price of oil and gas businesses, or by raising taxes and im- businesses with more than 50 employ- and neither can our economy, which, posing penalties. The health care law ees will be fined $2,000 per employee if after 4 years, is beginning to turn a forces every American to purchase a they do not offer a health insurance corner toward real growth. Today’s health insurance plan or, if they choose plan approved by the Federal Govern- prices—$110 for a barrel of oil and $4 for not to do so, to pay the government a ment. a gallon of gasoline—are a clarion call fine. This is unprecedented in Amer- I have talked to a number of business to action that Congress and the CFTC ican history. It is the first time the people who have gone through painful ignore at the Nation’s peril. Federal Government is forcing citizens negotiations with their workers and to purchase a product or a service they with their laborers and with staff. Mr. President, I thank the Chair, and may or may not want or pay a fine for They have put together a health care I yield the floor. their decision to say no. plan that is accepted by both manage- The ACTING PRESIDENT pro tem- This administration basically is say- ment and by employees who recognize pore. The Senator from Indiana. ing to Americans: We know what is that if they cannot maintain some

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4062 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 semblance of control over costs, the sent of my colleague, ask unanimous tor—your doctor, not the government— jobs might not be available in the fu- consent for 5 more minutes. to decide the kind of medical care you ture because the company cannot af- The PRESIDING OFFICER. Without need, and provides flexibility to States. ford to keep people at work. So in rec- objection, it is so ordered. Real health care reform lowers costs, ognition of all of this negotiation that Mr. COATS. Thank you, Mr. Presi- it improves access to quality care, em- goes on and the contractual obligations dent. powers individuals, and preserves per- that both sides work to achieve, under- These medical device manufacturers sonal liberties; and that is not what we standing that if the business is hit with are employing people at an average have in the law that currently is on the too much tax and too many regulations rate of about 41 percent greater than books. So whether through congres- the business may not survive, those the average worker rate of pay in my sional legislation or court action, plans now come under the scrutiny of State, so these are desired jobs. But, ObamaCare needs to be overturned and the Federal Government, and the Fed- again, employers and manufacturers of replaced with commonsense provisions eral Government will determine wheth- medical devices are telling me they are that put patients—not government, not er those plans are sufficient and ade- being forced to go overseas because of bureaucrats—in charge of health care quate. If it determines they are not, the burden of regulation and a tax that decisions. then a fine is levied against the busi- has nothing to do with the essential ObamaCare has proven to be the ness. program of the health care plan. wrong prescription, and it is time for a I cannot tell my colleagues how That is not the only tax that is im- new treatment. Americans want reform many business people told me: Look, I posed in this law. There are many hid- that remedies our ailing health care would rather pay the fine than have den taxes here that we are just learn- system, not one that weakens it and the government impose all of these new ing about. Let me name five: the excise drives it deeper and drives us deeper as regulations on us when we are working tax on charitable hospitals; the drug a Nation into debt. carefully with each employee to make industry tax, separate from medical de- Mr. President, I yield the floor. sure they have their basic insurance vices; the health insurance industry The PRESIDING OFFICER. The Sen- needs covered. Yet, if we are forced tax; the insurer excise tax; and a Blue ator from New Mexico. into a set plan of set procedures for Cross-Blue Shield tax hike. Mr. BINGAMAN. Mr. President, since every employee, then I have two The Joint Committee on Taxation this is the 2-year anniversary of the choices, the business people say: I can found that the health care law imposes passage of the health care reform law, either refuse to do so and pay the pen- more than $550 billion in new taxes and the affordable care act, and since the alty of about $2,000 per employee, or I penalties, most of which will fall on Supreme Court, of course, is meeting can let people go. The bottom line is, if the middle class. across the street hearing various argu- I can’t make my bottom line, I cannot Third, the impact on the State of In- ments attacking the legislation—they keep these people employed. diana. heard arguments this morning; they The arbitrarily fixed basis that small ObamaCare forces States to expand are going to hear arguments again to- businesses under 50 employees will not Medicaid rolls so significantly that it morrow morning; and they are going to be subject to this leaves manufacturers will be imposed—and this has been hear arguments again Wednesday and business people who are slightly talked about earlier today—upon the morning—I believe it is a crucial time below that level—say at 45 or 40 or 35— States in a way that can cripple their to remind all Americans why this law a dilemma as they are seeking to ex- ability to try to find some balance in was needed, why it still is needed, and pand their business. ‘‘As soon as I hire their budgets. In Indiana, where our how it will benefit families across this No. 50, then my business is no longer budget is in far better shape than many country. exempt. So what do I do? I freeze out other States, we still cannot afford the In my view, there is considerable hiring more people and look to double current Medicaid Program, let alone confusion about what the health care up people’s salaries or put people on the projected new costs that will be re- reform legislation will accomplish. And overtime.’’ At a time when we have quired under the ObamaCare law. I am not surprised. The opponents of over 12 million people looking for a job An outside group has estimated that the legislation have worked hard in the and millions of people underworked or $3.1 billion in new costs over the next last couple of years trying to confuse working two and three part-time jobs decade will be imposed on Indiana tax- many Americans into thinking the bill to make ends meet, we are imposing payers if the 1.5 eligible Hoosiers enroll contains all kinds of nefarious provi- this law on them. It could not have in Medicaid as a result of this health sions. come at a worse time. care law. This added expense does not The Kaiser Family Foundation did a Then there is a medical device tax include any payment relief to providers poll, however, that demonstrated when and several other taxes that are in- and, therefore, shifts costs to patients Americans are asked about the actual cluded in this bill that we continue to by driving up premiums for all Hoo- provisions that are contained in the find as we read the fine print. siers. law, there is strong bipartisan support Indiana is a State that is home to a In conclusion, we have to ask the for those reforms. So I wish to take a lot of medical device manufacturers. In question: What is the remedy for this little time to straighten out what the fact, there are over 300 registered med- fatal disease called ObamaCare? Well, provisions in the law are and how I see ical device manufacturers that employ the remedy may lie with the Supreme them impacting on our health care sys- 20,000 Hoosiers in the State of Indiana Court. They are hearing arguments on tem. and another 28,000 people who benefit this today, and will for the next 2 days, Health care reform was needed when from that employment. There are more and we will have a decision on the con- it was enacted 2 years ago for two im- than 400,000 workers employed nation- stitutionality of this law by the sum- portant reasons. First, before reform— wide by this industry. mer. But the health care debate also, and even today—one in six Americans So what did the ObamaCare plan pro- most likely, will end up back here in was uninsured. That number was grow- pose? Well, we need some pay-fors. To Congress one way or another, and that ing, is still growing. In my home State pay for the law, the administration de- leaves us the responsibility of address- of New Mexico, the situation was even cided to impose a 2.3 percent tax on ing this. worse. We had more than one in five these medical device manufacturers. From forcing individuals to purchase people in my State uninsured. That is The PRESIDING OFFICER (Mr. insurance, to taxing successful job cre- the second highest rate of any State in TESTER). The Senator’s time has ex- ators and burdening State budgets, I the Nation. The large majority of the pired. believe the health care law is so deeply uninsured are working people. They Mr. COATS. Mr. President, I sense I flawed that it must be scratched and have low incomes. They cannot afford am approaching a deadline in time. I replaced with real reform, reform that to pay the very high cost of health in- am wondering if I could, with the con- lowers the cost of care, allows the doc- surance.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4063 The second important reason we en- Some of these provisions have al- pansion. Limiting costs to States was a acted health care reform was that the ready taken effect and have had a sig- priority when we drafted this health cost of health care was continuing to nificant impact. For example, young care reform legislation. In fact, the grow at an unreasonable rate. adults up to the age of 26 can now re- Federal Government commits to as- As you can see on this chart I have in ceive health insurance coverage under sume 100 percent of the cost of the the Chamber—this is based on data their parents’ insurance regardless of Medicaid expansion for newly eligible from the Centers for Medicare and their marital or school or employment individuals during the first 3 years, be- Medicaid Services, Office of the Actu- situation. Since the implementation of ginning in 2014. Federal contributions ary—they estimate that national this provision, 2.5 million uninsured are going to phase down after that health expenditures per capita in- young people across the country have slightly over the following years, so creased from 5 percent of gross domes- gained health insurance coverage. This that by 2020 the Federal Government tic product in 1960 to 18 percent in 2010. includes over 21,000 young people in my will be responsible for 90 percent of the So absent any intervention, this figure home State of New Mexico. cost of those newly covered individ- was projected to exceed 40 percent by In addition, 20,000 seniors in my uals. 2080. State who are in the so-called coverage For example, my State of New Mex- The affordable care act significantly gap for prescription drugs under Medi- ico is expected to receive $4.5 billion in improves the situation. It does not care are now saving on their prescrip- 2014, 2015, and 2016, as we expand cov- solve all the problems in our health tion drugs because that so-called erage to more enrollees. This will allow care system, but it substantially im- doughnut hole is decreasing in size as a access to Medicaid for about 180,000 proves the situation. Due to the afford- result of this legislation. This is al- newly eligible New Mexicans. able care act, over the next 10 years, ready benefiting 3.6 million seniors na- Let me refer to this chart that is be- the rate of uninsured will be reduced tionwide. side me. This shows the Congressional by more than half. That is according to Children with preexisting conditions Budget Office’s estimate of the expan- the Congressional Budget Office esti- are no longer able to be discriminated sion impact on State spending on Med- mate. Low-income families will be able against, and adults with preexisting icaid. As we can see, contrary to a lot to afford health insurance, so they will conditions who cannot get insurance of the statements that are made on the not have to worry about going broke have the option for coverage in a high- Senate floor and elsewhere, this in- because they get sick. The rest of risk pool. With full implementation of crease is less than 3 percent. This is ad- America will not see their insurance the law, those adults will be in the ditional spending on expansion. It is a premiums rise to absorb the cost of ex- same circumstance as children with small fraction, 2.8 percent, of State pensive hospital care when the unin- preexisting conditions in that they will Medicaid spending. This is for the pe- sured have nowhere else to turn. not be able to be discriminated against. riod 2014 through 2022. With full implementation of this law, What is more, the major coverage While reform expands Medicaid, it Americans will get higher quality provisions are still to come. They begin also makes it possible for some current health care while at the same time we in 2014. Medicaid will be expanded to Medicaid enrollees to become eligible begin to rein in the growing costs of cover more low-income Americans, to participate in the health insurance health care. The law does so while pro- those whose incomes go up to 133 per- exchanges and brings them into the tecting key parts of the health care cent of the Federal poverty level. This private market. According to the system, such as Medicare. It extends is a critical provision since experts tell Urban Institute analysis, the net effect the solvency of Medicare from 2017— us the expansion of Medicaid coverage of enactment of the affordable care act prior to the enactment of this legisla- is the most cost-effective way to pro- on State budgets, in the worst case sce- tion—to 2024. Despite claims to the vide insurance to low-income unin- nario, will see States realizing net contrary, these reforms are fiscally re- sured individuals and families. budgetary savings of at least $40 billion sponsible. They decrease Federal Seventeen percent of the nonelderly during the period 2014 to 2019. It is pos- health care spending by well over $1 population nationwide benefit from the sible those gains could be as high as trillion over the next two decades. Medicaid expansion and the tax credits $131 billion. Stated simply, the law protects the in this legislation. In New Mexico, as With respect to affordability—and I aspects of our health care system that well as the States of Texas and Lou- know my colleague who was just on the are working well and fixes many of isiana and California, which have high floor was talking about affordability— those aspects that are broken, and it rates of uninsured, the estimate is that the impact on New Mexico families is a does so in a fiscally responsible way. It 36 percent to 40 percent of residents good example. On average, families in achieves this through provisions that could benefit. my State will see a decrease in insur- are intended to support three main Lower and middle-class income fami- ance premiums, perhaps as much as 60 goals. Let me go through those briefly. lies will be eligible for health insur- percent. In addition, two-thirds of New The first of those goals is to expand ance tax credits to help purchase Mexicans could potentially qualify for coverage and ensure health insurance health insurance. While most Ameri- subsidies or Medicaid, and nearly one- is affordable. The second of those goals cans will still get health insurance quarter could qualify for near full sub- is to improve the quality of health through their employers, those who do sidies or Medicaid. care. The third is to begin reining in not can purchase health insurance The PRESIDING OFFICER. The Sen- the rapidly rising costs of health care through the health insurance ex- ator’s time has expired. and create efficiencies in our health changes. These will be virtual insur- Mr. BINGAMAN. I see a colleague care system. ance shopping malls in each State that who wishes to speak. Therefore, I will Let me start with this coverage ex- will offer an easy-to-understand menu ask unanimous consent that the bal- pansion under the affordable care act. of options with which to compare in- ance of my statement be printed in the Under the law people who need health surance plans. So we will have in- RECORD as if read. care can get health insurance coverage. formed and empowered consumers who The PRESIDING OFFICER. Without There is financial assistance to those can choose the plan that is right for objection, it is so ordered. who cannot afford it. According to the them and their family. The intent of Mr. INHOFE. Does the Senator wish Congressional Budget Office’s most re- the health insurance exchange is to to continue? cent projections, 93 percent of Ameri- level the playing field, increase com- Mr. BINGAMAN. Mr. President, my cans will have affordable health insur- petition among insurers, and thereby colleague has said I could proceed for a ance coverage by 2016 with full imple- keep rates competitive. few more minutes. Let me just—— mentation of this act. That is 30 mil- Contrary to much of the rhetoric we Mr. INHOFE. Mr. President, I ask lion more Americans who will be cov- have heard, States will not shoulder unanimous consent that at the conclu- ered who are currently uninsured. the fiscal burden of this coverage ex- sion of the remarks of the Senator

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4064 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 from New Mexico, I be recognized for affordable care act increases competi- and gas development than in his tax up to 25 minutes. tion and price transparency through proposals, every budget since he was The PRESIDING OFFICER. Without these health insurance exchanges we sworn in. Now we are talking about objection, it is so ordered. established. Fifth, the law establishes four budgets this President has pre- Mr. BINGAMAN. I thank my col- an independent body to recommend sided over. Keep in mind, when a budg- league from Oklahoma for his courtesy. policies to Congress to help Medicare et is designed by a President, whether Let me talk a little about the second lower costs while providing better care. he is a Democrat or Republican, it is and the third goals I outlined earlier. I can go into quite a discussion of the the President, not the Democrats, not The second goal of the affordable advisory board we established to try to the Republicans, not the House, not the care act is to improve the quality of control growth in the cost of Medicare. Senate, it is the President who is re- care. There is not a lot of discussion I think it is a very meritorious provi- sponsible for that budget. about that, but that is a main thrust of sion and one about which a great deal In every budget the President has this legislation. A strong, well-trained of bad information has been provided. called for the elimination of all tax health care workforce is essential if we In conclusion, the facts demonstrate provisions made available to the oil are going to have quality health care clearly to me that these reforms will and gas industry. This year these tax in this country. move us forward toward more afford- increases totaled about $40 billion over Many provisions of the bill will able health care, with greater choice 10 years. So while the President was strengthen the health care workforce. for American families. We will see less going around the country last week One obvious question is, What is the waste. We will see less inefficiency in trying to convince everyone he is actu- need we are trying to address? Let me our health care system. We will see ally pro oil and gas, he laid the ground- point out that 25 percent of the coun- higher quality of care. We will start to work for Senator MENENDEZ to push a ties in the United States are des- bring rising health care costs under bill through the Senate to raise taxes ignated as health care professional control. on the industry. shortage areas. In my State, 32 of the These are worthy goals. They are the Senator MENENDEZ’s bill, S. 2204, pro- 33 counties are designated as health goals of this health care reform legisla- poses to either modify or outright can- care professional shortage areas. We tion. I look forward to seeing them cel the following tax provisions for are absolutely last. New Mexico is ab- achieved in the coming months and major integrated oil and gas firms. solutely last in all States with regard years. First, the section 199 manufacturer’s to both access to health care and the Again, I thank my colleague for his tax deduction; secondly, intangible utilization of preventive medicine. courtesy in allowing me to continue drilling costs, sometimes referred to as The affordable care act contains key longer than was planned. IDC; third, the percentage depletion; provisions to improve access and deliv- I yield the floor. and, four, the foreign tax credit for oil ery of health care services to these The PRESIDING OFFICER. The Sen- and gas firms. Last time we actually had a vote in areas. We train a great many addi- ator from Oklahoma. the Senate on these provisions was in tional physicians, nurses, pediatric spe- f cialists, and other health care pro- June of 2010. I remember it very well viders. There is a major push to im- ENERGY because that was when the distin- prove the quality of care by focusing Mr. INHOFE. Mr. President, we are guished Senator from Vermont Mr. on outcomes and effectiveness of med- going to have a vote this afternoon. It SANDERS offered an amendment that would have raised taxes on oil and gas ical treatments. All this is very posi- is going to be a procedural vote. Some producers by $35 billion over 10 years tive and should have been done many will be voting different ways. There is by repealing section 199—same thing he years ago in this country. I am glad we a substance behind the issue at large. is trying to do—percentage depletion are finally doing it as part of this Last week, President Obama visited Cushing, OK. It may have been the first and IDC. health care reform legislation. While the Menendez bill is a little The third and final goal of the legis- time he has ever been to Oklahoma. I different, it applies to the larger com- do not know. He claimed that under his lation, as I mentioned earlier, is to panies, those with substantial produc- watch, he said, ‘‘America is producing begin to rein in costs and eliminate tion levels. It is important to point out waste and inefficiency. Experts agree more oil today than at any time in the that the Sanders amendment—and I led there is a tremendous amount of waste last 8 years.’’ It seems that in the the opposition to the Sanders amend- and inefficiency in our health care sys- midst of $4- to $5-a-gallon gasoline, he ment—was defeated almost 2 to 1, 35 to tem. Anyone who has gone to a hos- is trying to convince the American 61. pital can see that. Estimates indicate people he is not one to blame. Clearly, The President insists these tax and that as much as one-third of medical he is the one to blame. accounting provisions are actually sub- care does not, in fact, improve any- That is why I think it is important to sidies, but nothing can be further from one’s health. I think this bears repeat- set the record straight. After all, it was the truth. This has not been done yet, ing. A full one-third of all dollars spent Obama’s Energy Secretary Steven to my knowledge—been explained. It is on health care in this country does not Chu—we cannot forget this—who said: so important people understand what contribute to the overall health of the ‘‘Somehow we have to figure out how these provisions are. population. to boost the price of gasoline to the Section 199 is the manufacturer’s tax We are trying to deal with that in a levels in Europe.’’ That was his Energy deduction. Section 199 was added to the variety of ways in this legislation, to Secretary who was speaking on behalf Tax Code as a part of President Bush’s get more cost-effective treatment and of President Obama. 2004 tax law. It was designed to support to get more efficiency in our health So the motive is to raise the price of domestic manufacturing, and it did care system. gas. Right now, we are almost over this by providing a 9-percent tax deduc- The law provides for savings by stop- halfway there. We all remember the tion for manufacturers, effectively low- ping investments in so-called Cadillac President’s statement during the 2008 ering their tax rates from 35 to 32 per- insurance plans. Second, there is new campaign when he said: ‘‘Under my cent. transparency and accountability for in- plan, electric rates will necessarily The provision was phased in between surers to justify premium increases. skyrocket.’’ His policy agenda has been 2005 and 2010. But, in 2008, something Third, the law requires that insurers in lockstep with this goal. strange happened. The oil and gas in- spend at least 80 percent of the pre- President Obama has had a 4-year dustry was singled out so it could only miums they collect on actually pro- war on fossil fuels, and now we are pay- claim a portion of that deduction. In viding medical care rather than on ing for that at the pump. As to the oil other words, all other manufacturers of CEO salaries and shareholder profits and gas taxes, nowhere has the Presi- all other goods in America could claim and administrative costs. Fourth, the dent been more resolute in stopping oil that deduction, except oil and gas.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4065 The Menendez proposal would repeal or gas firm or any other company, is over the world to tax profits made by section 199 from major integrated oil allowed to recover costs associated U.S. companies outside of our borders. companies. In the President’s budget, a with their investments in business op- When we combine this with our 35- similar proposal was scored at $11.6 bil- erations. If this is going to be labeled a percent corporate tax rate, which is lion. I am going to add all these in a subsidy for the entire economy, then one of the largest and highest on minute and let everyone know why we we have big problems. Earth, our corporate tax policies are are paying so much at the pump. What Current law allows most oil and gas the worst in the world. firms to write off these expenses as an is most interesting to me about the The global corporate tax system alternative to capitalizing their costs section 199 tax deduction is that it is works like this: When a U.S. firm is op- into the total value of the asset being available to any company in the United erating overseas, they pay taxes on developed and then depreciated. But at States that creates any kind of manu- those profits in the country in which some point along the way, the law was factured goods here at home. they are operating. For example, a U.S. Firms that build and sell refinery changed so that major integrated oil company makes a product in South equipment, airplanes, washing ma- firms are required to capitalize 30 per- Korea, sells it to the South Koreans, chines can all claim the deduction. It cent of their IDCs and amortize them and they make a $1 million profit. Be- may be surprising, however, that the over a 60-month period. cause their corporate rate is 22 percent, deduction is also available for movie The Menendez bill would eliminate as opposed to ours at 35 percent, the producers—not oil and gas producers this option and require oil and gas firm pays $220,000 in taxes. That makes but movie producers. That is right. The firms to capitalize all of their IDCs. A sense. American film industry can claim a de- similar proposal was in the President’s duction for making movies. So Presi- budget scored as a $13.9 billion tax in- If a U.S. firm has made the same dent Obama and Senator MENENDEZ are crease. We are going to add that up in product and profit in the United putting their Hollywood friends and a minute. Together with the repeal of States, it would be subjected to a 35- movie stars ahead of an industry that section 199, an IDC should compromise percent tax, which would be $350,000 in makes us less reliant upon oil imports 10 percent of America’s oil and gas pro- corporate taxes. This also makes sense from the Middle East. There is no sur- duction capacity by 2017. This trans- except it is too high. However, because prise there. lates into a potential loss of 59,000 jobs, of our global corporate tax system, if a The next thing is—that was section 600,000 barrels of oil a day in domestic firm does this same thing in Korea, 199. That is a manufacturer’s deduc- production, and the loss of $15 billion they have to pay the differential be- tion, applies to all, and benefits all in capital expenditures in 2012, and po- tween 22 percent and 35 percent when manufacturers to encourage domestic tentially $130 billion over the next 10 they bring the money back into the manufacturing. years. United States. The second thing is intangible drill- Percentage depletion is very similar. Wait, we want to bring the money ing costs, IDC. This is a little bit more It has been with us. Since 1926, small back. We want to stimulate our econ- complicated. But the intangible drill- producers and millions of royalty own- omy. Why would they have a disincen- ing costs are expenses oil and gas firms ers have had the option to utilize per- tive to bring that money to invest in incur when they drill and prepare new centage depletion to both simplify America? In this example, a U.S. firm wells. These costs often total between their tax filing and to account for the would have to pay an additional 60 and 80 percent of a well’s cost. They decline in the value of the minerals $130,000. They would be doing a great are generally not recoverable and in- produced from their properties. Cur- thing for foreign countries but cer- clude things such as site preparation, rent law allows small producers to take tainly not for us. It doesn’t make any labor, design. a 15 percent deduction from the gross sense at all. Intangible drilling costs are firmly income from a given producing prop- Senator MENENDEZ’s bill makes this grounded in sound accounting prin- erty in lieu of a complicated deprecia- awful policy even worse by limiting the ciples. Every basic accounting course tion deduction. This tax provision is ability of major integrated oil firms to discusses the principles of cost recov- particularly important for the produc- account for the taxes they pay in other ery. It is safe that businesses should be tion of America’s nearly 700,000 low- countries when they calculate what allowed to write off their expenses value, marginal wells, making it essen- they owe the United States. from the revenue they earn to account tial to Oklahoma. The President made a similar pro- for the cost of doing business. That is Even though the small marginal posal in his budget this year, and if en- logical. No one is going to disagree wells only produce about two barrels a acted it would raise taxes by about $10 with that. day, they account for 28 percent of the billion over 10 years. You would pay for When purchasing substantial capital total production. We are one of the, if more of this at the pump. Instead of equipment, depreciation is often used not the, largest marginal States out making the corporate tax system even to recover the costs of an investment there. These are truly the little guys, less competitive than it is today, we over its useful life. But things such as and the President wants to go after should aim to completely reform it so wages are nearly always deducted im- them and destroy the incentives that we move to a territorial system that mediately because once a company has keep the older wells producing by re- doesn’t reach outside our borders to paid an employee for work, it has no pealing percentage depletion. If he collect more taxes. lasting value. To retain the value, they were able to do this, it would increase have to keep paying the employee. taxes on the industry by $11.5 billion. Those are the major provisions of the Hence, it is an immediate expense, and What is most interesting about the Menendez-Obama bill. If they were en- it is deducted from the revenue when Menendez proposal is that it only ap- acted to the extent proposed by Presi- determining the net profit. plies to major integrated oil compa- dent Obama’s budget, they would be a The IDC deduction has been on the nies, which are not even allowed to tax hike of $47.1 billion. books since 1913. This is not anything claim percentage depletion, proving Again, that relates to the cost of gas new. We have lived with it for almost a that 2204 is nothing more than political at the pump. The President claims he century. theater. is doing this in the name of forcing the Most of the costs associated with the As to the modification of the foreign oil and gas industry to pay its fair preparation of new wells should be tax credit for dual capacity taxpayers, share. He claims it would not harm do- classified as an immediate expense— the United States is one of the only de- mestic oil production. But this claim things such as labor. The expenses of veloped—I think it is the only devel- rejects the well-known process compa- IDCs make sense. To claim it is a sub- oped country in the world that has a nies follow when making investment sidy is totally dishonest. Every com- global corporate tax system. This decisions. Successful oil and gas com- pany, regardless of whether it is an oil means the IRS and Uncle Sam reach all panies, like those in all industries, are

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4066 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 faced with seemingly endless opportu- not been one documented case of they are fully employed. One of the in- nities. To sort through the opportuni- ground water contamination using hy- dividuals from Oklahoma, a great pro- ties they have to have a way to ration- draulic fracturing. The only reason he ducer, went up to North Dakota. He is ally decide which projects are in the is opposed to it is that this is part of up there right now. I talked to him best interest of their investors and his war on fossil fuels. If he can stop yesterday and he said: The biggest which are not. Most companies do this hydraulic fracturing, he will stop all of problem we have is that we cannot hire by determining which investments will these types of production, and every- anyone. It is full employment. Things give the highest rate of return given body knows that. We have already done are great. the risk. that. That is what the rest of the country Taxes play an incredibly important So we have the tax problems, the is missing out on. When we make the role in this matter. If taxes increase, pipeline, and hydraulic fracturing. In United States less competitive for U.S. then cash flow from the project de- addition to that, his attempt has been oil and gas firms, as the President’s tax creases. Therefore, taxes in the United to stop production on Federal lands policies propose, this sort of red-hot States increase; the competitiveness of and make Federal lands off-limits to growth goes to places such as Azer- domestic projects decreases signifi- oil and gas exploration, and even baijan and Nigeria instead of Midland, cantly relative to the opportunities through some lease-sales conducted TX, and Oklahoma City. Rather than available abroad. during the Bush administration, citing help our economy, the President’s tax When the rubber meets the road, this the need for more environmental re- policies make us more reliant on for- means the U.S. oil and gas firms—espe- view. eign oil imports from unstable regions cially the big ones—targeted by the Today—and this is significant—83 of the world. Menendez-Obama bill will be more like- percent of Federal onshore lands are I don’t know about you, but I would ly to select international projects than inaccessible or restricted to drilling. rather see pickup truck dealerships U.S.-based projects, and this is bad for No drilling is allowed on the entire running out of vehicles to sell in Cush- our economy. east and west coasts. No drilling is al- ing, OK, than in Caracas, Venezuela. As to the other ways Obama is kill- lowed in ANWR, in Alaska, and very The President will not admit this, ing oil and gas, the taxes aren’t the limited drilling is in the gulf. but we have seen what punitive tax only thing the President is doing. They Oil and gas production is sky- hikes do to the oil and gas industry. are significant. I mentioned four of rocketing in States such as North Da- They hurt our economy. President Car- them that are significant. But look at kota and Texas simply because the ter, way back in the early eighties, the Keystone Pipeline. President has very little control over confirmed this with the windfall profits I just got back from Oklahoma, a the drilling there. That is not Federal tax. He was going to punish the bad oil visit there. It is another example of land. This is in Texas, Oklahoma, and companies. As a result of that, it de- why he was in Cushing, OK, the central North Dakota. The Congressional Re- creased domestic production by 3 to 6 part of Oklahoma. For those who are search Service concurs, stating in a re- percent, which increased American de- cent report that about 96 percent of the not familiar with it, that is sort of the pendence on foreign oil sources by 8 to increase in oil and gas production since intersection of all of the pipelines. He 16 percent. Almost all of it was from 2007 took place on nonfederal lands. In said he was going to expedite the per- the Middle East. It doubled our depend- other words, it has happened in spite of mitting of the southern leg of Key- ence by putting taxes on the oil indus- the President’s efforts. The President try here. A side effect was also declin- stone. That would be the leg going imposes all of these punitive taxes be- ing, not increasing, tax collections. from Cushing, OK, down to the Houston cause he doesn’t have control over pri- Since we know what happens when area. What he didn’t say is that this is vate lands. He tries to say: In my ad- we do this sort of thing, we don’t need the part he doesn’t have any control ministration we expanded production. to try the experiment again. Regard- over. That has happened in spite of his poli- less, the President and most on the left In other words, he has no control cies. insist that taxpayers are subsidizing over the southern half. The reason he At end of the day, all of President oil and gas firms. But, apparently, they does over the northern half is because Obama’s oil and gas policies make it have not been reading the facts. that crosses a country boundary from harder for U.S. firms to justify projects The Tax Foundation recently esti- Canada to the United States. But he at home. This is to the detriment of mated that between 1981 and 2008, oil doesn’t have a say in this. He could not our economy. Just look at the increase and gas companies sent more money to stop it if he wanted to. Obviously, he in taxes, the killing of the pipelines, Washington and State capitols than would want to because he has dem- the stopping of hydraulic fracturing, they earned in profits for shareholders. onstrated that. Moreover, his action to making drilling off-limits. To let you The administration’s own Energy In- block the northern leg is preventing know what States are missing out on, a formation Administration reported the immediate creation of over 20,000 Friday New York Times front-page ar- that the industry paid about $35.7 bil- jobs and up to 465,000 jobs by 2035. I ticle ran about oil and gas development lion in corporate taxes in 2009. don’t think anybody argues with that going on in west Texas describes how The oil and gas industry sends $86 analysis. this helped the local economy, saying million per day to Federal and State The President’s effort to stop hy- new-found wealth is spreading beyond governments, and their effective in- draulic fracturing is another example. the fields in nearby towns. come tax rate is over 41 percent, which Much of today’s renaissance in oil and Petroleum companies are buying so may be the highest of any industry in gas production is the result of the ad- many pickup trucks that dealers are America. But the President and con- vancements in this technology. He has leasing parking lots the size of city gressional Democrats want them to done everything he can to paint a blocks to stock their inventory. Hous- pay more. nasty and suspicious picture of it. He ing is in such short supply the drillers In addition to these tax increases, has 10 Federal agencies, including the are importing contractors from Hous- Secretary Salazar recently told Con- EPA, the Department of Energy, and ton. The hotels are leased out before gress his department is planning to the Bureau of Land Management look- they are even built. Two new office raise the onshore royalty rate by 50 ing at ways to regulate hydraulic frac- buildings are going up in Midland, a percent. These are the royalty rates to turing at the Federal level. In addition, city of just over 110,000 people—the ensure taxpayers get a fair return on he has also kept millions of Federal first in 30 years—while the total value the development of oil and gas leases lands off-limits to oil and gas. of downtown real estate has jumped 50 on public lands. If what we are trying As far as the hydraulic fracturing, I percent since 2008, with virtually no to do is raise more revenue, we should know a little about that; we had the unemployment. get it by growing the economy. first hydraulic fracturing that took Restaurants cannot be found. They We have used the figure over and place in Duncan, OK, in 1949. There has cannot find people to work because over that with each 1 percent increase

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4067 in economic activity that translates CONCLUSION OF MORNING confuse the facts and actually take into about $50 billion in new revenue. BUSINESS credit for increasing production when We can do that by unlocking more do- The PRESIDING OFFICER. Morning those increases have been on private mestic supply for development, and business is closed. lands outside of his control, and while this will lower prices at the same time. opposing greater exploration on Fed- f We have plenty of it. The CRS report eral lands under his purview. At the recently stated we have the largest REPEAL BIG OIL TAX SUBSIDIES same time he is even seeking now to combined oil, natural gas, and coal re- ACT—MOTION TO PROCEED push prices even higher by raising coverable reserves on Earth—more The PRESIDING OFFICER. Under taxes in his fiscal year 2013 budget. than any other country, more than the previous order, the Senate will re- This week the Senate will be debat- Saudi Arabia, more than any other sume consideration of the motion to ing a bill by Senator MENENDEZ of New country. This means we have a 50-year proceed to S. 2204, which the clerk will Jersey to increase taxes on oil pro- supply of oil in present consumption in report. ducers. I don’t know of anyone who the United States, for 50 years, just ex- The legislative clerk read as follows: could reach any other conclusion than porting our own development or 90 Motion to proceed to Calendar No. 337, S. that by raising taxes on the people who years’ supply of natural gas. 2204, a bill to eliminate unnecessary tax sub- produce oil and gas, it will raise, not At the end of the day, this bill, and sidies and promote renewable energy and en- lower, the cost of oil, thus the refined the rest of the President’s proposals, ergy conservation. petroleum product known as gasoline. will only make U.S. oil firms less com- The PRESIDING OFFICER. Under So, actually, by punitively and in a dis- petitive compared to their inter- the previous order, the time until 5:30 criminatory sort of way raising prices national peers. It will raise the cost of p.m. will be equally divided between on an unpopular sector of the economy, energy by restricting global prices. It the two leaders or their designees. we will actually make matters worse, will force us to become more reliant on Mr. INHOFE. Mr. President, I ask not better. others, which will make us more vul- unanimous consent that the time on The Tax Code supports the energy nerable from a defense and economic each side be equally divided during the sector by providing a number of tar- security perspective. The only way to quorum calls. geted tax incentives—or tax incentives resolve this problem and to do some- The PRESIDING OFFICER. Without only available to the energy industry. thing about reducing the price at the objection, it is so ordered. In addition to targeted tax incentives, pump is to start developing our own re- Mr. INHOFE. I suggest the absence of there are a number of broader tax pro- sources. a quorum. visions that are available for energy- A minute ago I talked about what is The PRESIDING OFFICER. The and nonenergy-related industries. For happening in Midland, TX, and North clerk will call the roll. example, the section 199 domestic pro- Dakota, and what is happening in some The legislative clerk proceeded to duction deduction incentive is avail- areas in Oklahoma. I can remember call the roll. able to most domestic manufacturers when I was a little kid I worked on Mr. CORNYN. Mr. President, I ask with income derived from production cable-and-tool rigs. That was very dif- unanimous consent that the order for property that was manufactured, pro- ficult at the time. the quorum call be rescinded. duced, grown, or extracted within the A man by the name of A.W. Swift had The PRESIDING OFFICER. Without United States. 18 cable-and-tool rigs. At that time, in- objection, it is so ordered. So this section 199 provision applies stead of rotaries, they would pound Mr. CORNYN. Mr. President, I come to a whole host of American busi- down. Sometimes I would work two to the floor today to express concerns nesses, not just the oil and gas busi- shifts. One night I was working the sec- about the rising cost of gasoline and ness. Yet the Menendez bill and the ond shift, and the well blew up. The the Obama administration’s efforts to owner had one son named Burt. Burt Obama administration continue to sin- further increase the American con- was killed and I wasn’t. When I stop to gle out oil producers for tax increases, sumers’ pain at the pump. think about the prosperity in those even though oil-related activities are As we all know, the average price of days of the oil and gas industry in already limited from claiming the de- gasoline has now more than doubled Oklahoma, I think about the nearby duction compared to other industries. since the first week of the President’s town of Pawhuska, where people had to Analysis by the Congressional Re- inauguration in January 2009, from wait in line to pay their lunch bill. It search Service for the energy targeted $1.84 a gallon to $3.86. Furthermore, the was full employment and not an empty tax incentives shows that while the Associated Press has reported the typ- storefront. But up until we started pro- majority of U.S. primary energy pro- ical American household spends about ducing again in Oklahoma, it was very duction comes from fossil fuels, the $4,155 a year filling up at the pump—an much almost a ghost town. majority of energy tax-related revenue Now things are coming back, and we all-time high—and 8.4 percent of the losses are associated with provisions can take advantage of that. In spite of median household income, the highest designed to support renewables. the tax policies of President Obama, we percentage spent for gasoline since 1981 During 2009, 77.9 percent of U.S. pri- are coming back, and we can do this when oil prices soared due to the crisis mary energy production could be at- throughout the United States. The in the Middle East. tributed to fossil fuels—77.9 percent in most important thing we can do is The Energy Information Administra- 2009. Of the Federal tax support tar- make sure the Menendez-Obama bill to tion estimates that 72 percent of the geted to energy in 2009, an estimated increase taxes on the oil and gas com- price of a gallon of gasoline is made up 12.6 percent went toward fossil fuels. In panies in the United States is defeated. from the cost of crude oil, which is a contrast, in that same year, more than We hope we have the opportunity to do globally traded commodity. Although 10 percent of U.S. primary energy that. some would like to distract from the sources came from renewable fuels. With that I yield the floor. I suggest fundamentals, Congress cannot repeal In other words, just to repeat: 10.6 the absence of a quorum. the law of supply and demand. percent from renewable, 77.9 in that The PRESIDING OFFICER. The Indeed, President Obama used to same year from oil and gas, but not- clerk will call the roll. agree with us. Last March, for exam- withstanding the fact only 10 percent The legislative clerk proceeded to ple, he said ‘‘producing more oil in of energy produced came from renew- call the roll. America will help lower oil prices.’’ able fuels, 77.4 percent of energy tar- Mr. INHOFE. Mr. President, I ask However, his administration has adopt- geted Federal tax support went toward unanimous consent the order for the ed policies that directly conflict with supporting renewable fuels. quorum call be rescinded. our goal of lowering gasoline prices. To If we want to put all these tax provi- The PRESIDING OFFICER. Without add insult to injury, with the public sions on the table, I think we should do objection, it is so ordered. outcry, the President is out to further that. As a matter of fact, the Simpson-

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4068 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 Bowles study identified more than $1 rates of unemployment and too few sidies. One might say that is not a bad trillion of tax expenditures. But let’s jobs. return on their investment. not just pick out one sector of the Looking at all the evidence on en- So instead of giving these subsidies economy and, in the process, raise ergy prices, it is hard to come to any to Big Oil so they can enrich them- taxes and increase the price of gasoline conclusion other than that high energy selves and seek to affect and control at the pump as an unintended but prices are part of President Obama’s our political system, I think we could clearly likely outcome. plan. The policies he has put in place use some of those funds to reduce the We know the Menendez bill is not have intentionally elevated the price of deficit. I think we can all agree we about tax reform. This is about mixing gasoline, much to the detriment of the need to reduce the deficit, but there the message and trying to drive a American people. seems to be some considerable dis- wedge between the American people Mr. President, I yield the floor. agreement on how to do it. Last week, and the people who actually create The PRESIDING OFFICER. The Sen- those on the other side of the aisle jobs. Unfortunately for the administra- ator from the State of New Jersey. came out with what I call the Romney- tion, raising taxes will, in fact, trans- Mr. MENENDEZ. Mr. President, I Ryan budget, their proposed budget, late into higher prices. rise in support of S. 2204, which is my and it would drastically cut funding for It is a fair question to ask whether legislation to repeal Big Oil subsidies. wounded soldiers, for seniors, for stu- this administration can defend its poli- This bill is pretty simple. We end dents, but it leaves in place these cies, such as their budget proposal to wasteful subsidies to the big five oil wasteful subsidies even though we have raise taxes where they argued these tax companies, and we use those proceeds this enormous profit. provisions should be repealed because to invest in clean energy, in creating Through some political sleight of they ‘‘encourage overproduction of oil’’ jobs, and reducing the deficit. I think hand they defy reality when they tell and are thereby ‘‘detrimental to long- the American people are sick and tired us with a straight face that we have to term energy security.’’ of paying ridiculously high gasoline make tough choices, and then they cut I am not sure most Americans under- prices at the pump and then paying Big funding for wounded soldiers, for sen- stand that the official policy of this ad- Oil again with our collective taxpayer iors, and students but won’t touch the ministration is that tax deductions subsidies. I think that money is better subsidies for Big Oil. should be removed because they en- spent keeping our economy going and Somehow, in this Republican parallel courage overproduction of oil in Amer- developing alternatives to oil that will universe, logic is turned on its head ica. I thought the goal—one of our create competition in the marketplace and we are asked to believe that fair- goals—was to produce more at home so and help to reduce gas prices. ness doesn’t mean treating everyone we would depend less on imported en- We are poised to waste $24 billion equally. It means more for the very ergy from abroad. over the next 10 years subsidizing only rich and more for Big Oil. But we don’t Then there is the Keystone Pipeline, five companies that are poised to make live in a parallel universe. We live in which is well-known. The President is over $1 trillion in profits—not pro- the real world. Fairness means that the primary obstacle to the completion ceeds, in profits—over the same time working families should not be the of that pipeline which will create more frame. And as we all pay more at the only people sacrificing. And we can’t than 20,000 new jobs and produce 700,000 pump, Big Oil rakes in more money. lower the deficit while we give tax- payer dollars away to Big Oil compa- barrels of oil at refineries in the United Exxon boasts in its Securities and nies that are making record profits and States from a safe and friendly Exchange Commission filings that for not producing more energy. It is amaz- source—the nation of Canada. Because every $1 increase in the price of oil, ing to me that anybody can come and the President is blocking completion of their profits rise by $375 million. For every $1 the price of oil goes up, they make that argument. the Keystone XL Pipeline, they are What makes these subsidies even boast in their filings that their prof- looking for alternative customers. In- more ridiculous is that when we its—not proceeds, profits—rise by $375 deed, the Prime Minister of Canada has pressed those who have supported the million. The American driver’s pain is visited China to prospect that poten- industry or those who have come from tial purchase. Big Oil’s profit. the industry, everyone seems to admit What is Big Oil doing with its prof- What is worse, it is not just that the that oil companies do not need these its? Well, the answer is not useful. As President hasn’t acted, it is that the subsidies. Former President Bush, who President has actually lobbied in the you can see in this chart, the profits was very good with the oil industry, Senate to defeat efforts to bypass his from the big five oil companies were said that oil companies do not need in- obstruction to the completion of the $137 billion in 2011. That is an impres- centives to drill when oil hits $55 per Keystone XL Pipeline. sive 75-percent increase from 2010. Did barrel. Those were his remarks. Now it Well, the President must be feeling they use that extra money to produce is over $100 a barrel. So if they didn’t the heat because he showed up in Cush- more oil, as some of my colleagues need incentives to drill when it was at ing, OK, to celebrate and to say he here would suggest? No, they didn’t. $55 a barrel, how does anybody come to would expedite about one-third of the They took your money and actually in the floor and suggest they need incen- pipeline, which, ironically, doesn’t re- that time frame didn’t produce a drop tives now when it is over $100 a barrel? quire him to do anything. It certainly more of oil. As you can see, despite the Then the former CEO of Shell said doesn’t turn on the spigot in Canada to fact that overall U.S. production is that subsidies are not necessary for get the oil in that pipeline to come higher now than it has been in the last drilling and production. That is pretty from Canada down to the United 8 years, last year these five companies much probably clear when they are States. actually produced 4 percent less oil. making $137 billion in that 1 year, and So we can see our Nation has no co- So it is fair to ask: If they did not in- where they will make $1 trillion over herent energy policy. We see that not vest to produce more oil, then what are the next decade. only is this an area that has been ne- they doing with this $137 billion in Of the $24 billion we save by cutting glected to the detriment of the Amer- profits, this 75-percent increase in prof- these subsidies to the big five, we can ican consumer, but actually the sorts its in 1 year? Well, they spent about $38 use over $11 billion to extend a series of of policies being pursued by the admin- billion repurchasing their own stock to critically important expiring energy istration—particularly with regard to enrich themselves, and they spent tax incentives. These clean energy the Keystone XL Pipeline and raising nearly $70 million on campaign con- technologies will cut demand for oil, taxes on domestic oil producers—are tributions and lobbying to protect they will drive economic growth, will designed to make matters worse for their billions of dollars in subsidies. As create jobs, and will allow America to American consumers at a time when you can see here, it was a pretty smart lead the global clean energy market. they are struggling to recover from investment. For every $1 they spent in Despite Big Oil’s rhetoric—let me this recession, with historically high lobbying, they got about $30 in sub- tell you, it is amazing. I see they are

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4069 spending a lot of that money, all this subsidies they have. These are just a who would say: Yes, along with the money here not making oil, but they couple, the $24 billion over 10 years. right environmental safeguards, let’s are spending it on television to scare They are going to make $1 trillion over consider it. But overwhelmingly that everybody and to say that, Oh, if you 10 years. So you are telling the Amer- was voted against. So so much for take any of those subsidies away, ican people that when you are going to American jobs. So much for securing somehow prices will rise. Well, we make $1 trillion over 10 years, we col- American energy. Because what is the know that, despite Big Oil’s rhetoric, lectively as taxpayers must still give use of a pipeline to bring an energy cutting subsidies will not raise gas you $24 billion or else somehow $1 tril- source and then have it sent to other prices. We know that. Why? Because lion minus $24 billion wouldn’t be places in the world? That doesn’t help experts from the U.S. States Treasury enough for you in profits that you us. Department, from the nonpartisan would gouge the consumer at the I am a big believer if we are going to Congressional Research Service, and pump? I don’t think the American peo- drill it on Federal lands and water, we from oil executive testimony that ple are going to accept that. are going to keep it here, we are going came before the Finance Committee It is time for us to stop wasting tax- to help us lower prices. I am a big be- that I sit on, made it very clear that is payer money on oil subsidies and use liever if we are going to do something not the case. this money to invest in clean energy, such as Keystone, let’s make sure it is But more than that, some of the in jobs, in lowering the deficit. All of made with American materials and most important tax policies that will that can be done on this opportunity made with American hands and, at the be extended in this bill will help drive when we vote in favor of moving for- end of the day, the energy is kept in down gas prices by creating competi- ward on S. 2204, the Repeal Big Oil Sub- the United States. I am a big believer tion for oil as a transportation fuel. sidies Act. It is time to put the inter- in saying at a time of shared sacrifice, These incentives include the one for ests of the American people ahead of it is wrong to ask working families to biofuels such as cellulosic ethanol, bio- the money interests in this Congress do more and yet give the oil companies diesel, also incentives for natural gas with this vote, and then moving for- $24 billion, when they will make $1 tril- and propane used as a transportation ward. lion in profits. It is wrong to say to a fuel. There are also incentives for al- I hear my colleagues may very well wounded soldier we are going to cut ternative fuel refueling infrastructure vote for us today to have a debate— programs in his long-term health care and for electric vehicles. Taken to- which I more than welcome. I am look- that will ultimately help him get back gether, these incentives are laying the ing forward to it. I have got a lot more on his feet, but we are going to give groundwork for a truly competitive to talk about in this regard—but then Big Oil $24 billion. It is wrong to tell market where we are not beholden to won’t vote at the end to repeal the sub- students who are trying to determine one type of fuel to power our vehicles. sidies. So I guess what we will hear is their future and get access to that col- But the good news doesn’t even end a chorus of voices that will speak lege education and who will encumber there. There are also tax incentives about defending Big Oil and defending themselves with significant costs along that will help the United States com- its $24 billion in subsidies, and justi- the way, no, they pay more, but we are pete for the renewable industries of the fying that even with $1 trillion in prof- going to give Big Oil $24 billion. It is 21st century. its they still need to get their hands wrong to tell seniors we are going to For example, the section 1603 Treas- into the pockets of taxpayers and take end Medicare as we know it, but we are ury grant program has helped finance another $24 billion in addition to what going to give Big Oil $24 billion. That is renewable energy projects around the they get at the pump so they can make beyond my comprehension. country. It has leveraged over $35 bil- even more profits. And, somehow, there I look forward to the debate because lion in investments to create tens of will be a justification to that. I hope it is going to be very interesting to see thousands of energy projects. In my the American people will be watching, some of the remarkable ways in which home State of New Jersey alone, 750 because that type of justification is be- people are going to have to explain grants were given for solar, geo- yond comprehension. I know it as I that. I don’t think it is explainable to thermal, landfill gas, hydropower, wind hear it from families in New Jersey. the American people. Tonight’s vote projects. These projects are worth over I hope we will have this debate. I starts a process: Which side are we on? $350 million, creating many jobs, and hope we will be able to move forward. Are we on the side of the American will help New Jersey on energy bills for I want to be able to talk about how I taxpayer or are we on the side of Big decades to come. hear my colleagues talk about drill, Oil? I hope an overwhelming number of Another important renewable energy baby, drill. Well, I was incredulously our colleagues will, starting tonight incentive is the production tax credit amazed that actually we are now ex- and moving toward final passage, say for wind. Since the last reauthorization porting from the United States mil- we are on the side of the American tax- of PTC in 2005, wind power capacity has lions of gallons of gasoline and refined payer and the American consumer. If more than tripled. But if that produc- petroleum products every day to other we do that, we can create some justice tion tax credit is not extended, it is es- places in the world. It seems to me in this process. We can help create timated that annual installations of that if we drill it here, particularly on competition in the energy market to wind will drop by more than 75 percent Federal lands and water, we should drive down prices, we can reduce the and wind-supported jobs will decline keep it here because obviously the big- deficit by another $12 billion, and we from 78,000 in 2012 to 41,000 in 2013, and ger the supply we have, the more we can be a lot more fair to working fami- total wind energy investment will drop are going to create downward pressure lies in this country. That is the choice by nearly two-thirds. So it is time to on prices. But I think most Americans before us. That is a choice the Senate get back to reality. It is time to tell would be pretty shocked to know that will make in a positive way. middle-class families struggling to we are actually exporting. They think I yield the floor and suggest the ab- make ends meet that fairness means everything that is created here is kept sence of a quorum. everyone—everyone—pays their fair here, which is why I found it inter- The PRESIDING OFFICER (Ms. KLO- share when it comes to reduce the def- esting—I keep hearing my colleagues BUCHAR). The clerk will call the roll. icit. It means ending ridiculous tax- talk about the Keystone Pipeline. Well, The assistant legislative clerk pro- payer giveaways to the five most prof- there are those of us who said, You ceeded to call the roll. itable companies in the world. know what. If you will make it with Mr. BINGAMAN. Madam President, I I cannot understand how the oil in- materials made in America so that we ask unanimous consent the order for dustry is spending money on radio and can ensure American jobs are created the quorum call be rescinded. other forms of media to say, Oh, my with it, and if you keep the energy here The PRESIDING OFFICER. Without God, If you take any of our subsidies and not export it someplace around the objection, it is so ordered. away—and these aren’t even all of the world, then there are a lot of people Mr. BINGAMAN. I thank the Chair.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4070 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 CLOTURE MOTION Udall (CO) Warner Wicker For three and a half decades in Con- Udall (NM) Webb Wyden ARBARA IKULSKI The PRESIDING OFFICER. The clo- Vitter Whitehouse gress, B M has been an ture motion having been presented outspoken and proud progressive—a under rule XXII, the Chair directs the NAYS—4 tireless advocate for quality public clerk to read the motion. Begich Landrieu education, access to health care, and a Inhofe Nelson (NE) The assistant legislative clerk read strong safety net for those she calls as follows: NOT VOTING—4 ‘‘the least of these our sisters and brothers’’—including the elderly, peo- CLOTURE MOTION Boxer Kirk Hatch Lee ple with disabilities, and the poor. Her We, the undersigned Senators, in accord- passion for social and economic justice ance with the provisions of rule XXII of the The PRESIDING OFFICER. On this Standing Rules of the Senate, hereby move vote, the yeas are 92 and the nays are was nurtured by the nuns who taught to bring to a close debate on the Reid motion 4. Three-fifths of the Senators duly her at Catholic school in working-class to proceed to Calendar No. 337, S. 2204, a bill chosen and sworn having voted in the east Baltimore. IKULSKI’s legislative ac- to eliminate unnecessary tax subsidies and affirmative, the motion is agreed to. Senator M promote renewable energy and energy con- complishments are too numerous to VOTE EXPLANATION servation. cite here. But I am particularly grate- Harry Reid, Robert Menendez, Richard J. ∑ Mrs. BOXER. Madam President, I ful for the lead role that she played in Durbin, Patrick J. Leahy, Patty Mur- was absent from the vote to invoke clo- early 2009 in passing the Lilly ray, Carl Levin, Charles E. Schumer, ture on the motion to proceed to S. Ledbetter Fair Pay Restoration Act— Bernard Sanders, Amy Klobuchar, Al 2204, the ‘‘Repeal Big Oil Subsidies the very first bill signed into law by Franken, Benjamin L. Cardin, Sheldon Act.’’ Had I been present, I would have President Obama. This law reversed an Whitehouse, Sherrod Brown, Mark enthusiastically vote ‘‘aye.’’∑ Udall, Daniel K. Akaka, Debbie Stabe- outrageous Supreme Court decision now, John F. Kerry. Mr. SCHUMER. Madam President, I that allowed discrimination against suggest the absence of a quorum. women to go unpunished. But, as Sen- The PRESIDING OFFICER. By unan- The PRESIDING OFFICER (Mrs. ator MIKULSKI knows all too well, even imous consent, the mandatory quorum HAGAN). The clerk will call the roll. the Lilly Ledbetter Act leaves in place call has been waived. The legislative clerk proceeded to an outrageous status quo where women The question is, Is it the sense of the call the roll. are paid only 78 cents for every $1 that Senate that debate on the motion to Mr. DURBIN. Madam President, I ask their male counterparts are paid. That proceed to S. 2204, a bill to eliminate unanimous consent that the order for is why she and I have continued to unnecessary tax subsidies and promote the quorum call be rescinded. work closely together to advance the renewable energy and energy conserva- The PRESIDING OFFICER. Without cause of equal pay. We are the respec- tion shall be brought to a close? objection, it is so ordered. tive leads on the two Democratic equal The yeas and nays are mandatory f pay bills in the Senate. under the rule. As chair of the Health, Education, The clerk will call the roll. MORNING BUSINESS Labor, and Pensions Committee, I want The assistant legislative clerk called Mr. DURBIN. Madam President, I ask to pay special tribute to the extraor- the roll. unanimous consent that the Senate dinary role she has long played on our Mr. DURBIN. I announce that the proceed to a period of morning busi- committee. Senator from California (Mrs. BOXER) ness, with Senators permitted to speak Senator MIKULSKI’s legislative skills is necessarily absent. therein for up to 10 minutes each. and leadership were critically impor- Mr. KYL. The following Senators are The PRESIDING OFFICER. Without tant in crafting and passing the Pa- necessarily absent: the Senator from objection, it is so ordered. tient Protection and Affordable Care Utah (Mr. HATCH), the Senator from Act 2 years ago—an achievement that f Utah (Mr. LEE), and the Senator from she calls one of the ‘‘greatest social Illinois (Mr. KIRK). TRIBUTE TO SENATOR BARBARA justice initiatives’’ of our time. She led The PRESIDING OFFICER. Are there MIKULSKI the team that wrote the quality title in the bill, insisting that higher qual- any other Senators in the Chamber de- Mr. HARKIN. Madam President, I ity care does not have to be higher cost siring to vote? join with the entire Senate family in The yeas and nays resulted—yeas 92, care. Thanks to Senator MIKULSKI, the congratulating my great friend, the health care reform law includes a nays 4, as follows: distinguished senior Senator from [Rollcall Vote No. 59 Leg.] whole range of provisions that shift the Maryland, BARBARA MIKULSKI, on be- emphasis—rewarding providers not for YEAS—92 coming the longest serving female quantity of service but for quality of Akaka Durbin McCaskill Member of Congress in our Nation’s service. I would add that throughout Alexander Enzi McConnell history. She reached that milestone re- the debate on health care reform and Ayotte Feinstein Menendez cently, having served in Congress for Barrasso Franken Merkley during the many months the bill was Baucus Gillibrand Mikulski 12,858 days—more than 35 years—sur- being written, Senator MIKULSKI was a Bennet Graham Moran passing the previous longest serving fierce advocate for women’s health and Bingaman Grassley Murkowski Member of Congress, the late Rep- Blumenthal Hagan Murray for ending the brazen discrimination Blunt Harkin Nelson (FL) resentative Edith Nourse Rogers. against women by health insurance Boozman Heller Paul Representative Rogers famously companies. Brown (MA) Hoeven Portman quipped, ‘‘The first 30 years are the Brown (OH) Hutchison Pryor On the HELP Committee, and also in Burr Inouye Reed hardest.’’ But I dare say that Senator her role as chair of the Appropriations Cantwell Isakson Reid MIKULSKI has had a somewhat different subcommittee that funds the Legal Cardin Johanns Risch experience. As with other pathbreaking Services Corporation, Senator MIKUL- Carper Johnson (SD) Roberts women, she has encountered sexism Casey Johnson (WI) Rockefeller SKI has been a great leader on another Chambliss Kerry Rubio and discrimination. But from her first issue near and dear to my heart: legal Coats Klobuchar Sanders day in the House in 1977 right up to services for the poor. She has fought Coburn Kohl Schumer today, in her much respected role as hard—and it has always been an uphill Cochran Kyl Sessions Collins Lautenberg Shaheen dean of women Senators, BARBARA MI- struggle—to provide adequate funding Conrad Leahy Shelby KULSKI has been a singularly formi- so that people without resources are Coons Levin Snowe dable and forceful public servant. Pity not barred from the courthouse door. Corker Lieberman Stabenow the Representative or Senator who has Of course, Senator MIKULSKI has also Cornyn Lugar Tester Crapo Manchin Thune made the mistake of in any way under- been one of the Senate’s leading pro- DeMint McCain Toomey estimating this remarkable person. ponents of national and community

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4071 service. In 2009, she was the Senate Plymouth, NC traces its historical NOTIFICATION OF THE PRESI- manager for the Edward M. Kennedy roots back to the 18th century and the DENT’S INTENT TO ADD THE RE- Serve America Act, which retooled our beginnings of our Nation. It has served PUBLIC OF SOUTH SUDAN national service programs for the 21st as a port on the Roanoke River off the (SOUTH SUDAN) TO THE LIST OF century and provided expanded oppor- Albemarle Sound for over two cen- BENEFICIARY DEVELOPING tunities for young people to gain valu- turies, acting as a place of trade for COUNTRIES UNDER THE GENER- able skills and experience by helping much of North Carolina and the United ALIZED SYSTEM OF PREF- neighbors in need. States. By 1837, Plymouth had grown ERENCES (GSP) PROGRAM—PM 44 Let me share a brief anecdote that il- into an important port in North Caro- lustrates the remarkable role that Sen- The PRESIDING OFFICER laid be- lina and with that growth came the es- fore the Senate the following message ator MIKULSKI plays in the body and tablishment of the Grace Episcopal from the President of the United the respect that she commands among Church. her colleagues. We all remember the States which was referred to the Com- Plymouth was one of the ports tar- mittee on Finance: debate, in late February, on the Blunt geted for blockade by Union forces dur- amendment, which would have allowed To the Congress of the United States: ing the Civil War and in that time it is In accordance with section employers to deny health insurance believed that only 11 buildings survived coverage for contraception. In my role 502(f)(1)(A) of the Trade Act of 1974, as the war, 1 of them being the Grace amended (the ‘‘1974 Act’’) (19 U.S.C. as chair of the HELP Committee, I was Episcopal Church. invited to attend a press conference in 2462(f)(1)(A)), I am notifying the Con- Grace Episcopal Church has provided gress of my intent to add the Republic the LBJ Room of the Capitol organized the town of Plymouth and the sur- by Senator MIKULSKI to speak out of South Sudan (South Sudan) to the rounding areas in Washington County list of beneficiary developing countries against the amendment. Let me tell spiritual guidance and leadership for you, this was a remarkable event. Sen- under the Generalized System of Pref- the last 175 years. This institution has erences (GSP) program. South Sudan ator MIKULSKI spoke first, with tre- been a beacon of light and hope to mendous power and passion. One by became an independent nation on July many people in the region and the one, other Senators spoke—women 9, 2011. After considering the criteria world. who, over the decades, have been coun- set forth in section 502(c) of the 1974 Grace Episcopal Church has provided seled and mentored by Senator MIKUL- Act (19 U.S.C. 2462(c)), I have deter- many charitable services and events SKI: Senator PATTY MURRAY of Wash- mined that South Sudan should be des- for citizens in need, for example one ington, Senators BARBARA BOXER and ignated as a GSP beneficiary devel- guild at the church is comprised of a DIANNE FEINSTEIN of California, and oping country. group of knitters and other Senator JEANNE SHAHEEN of New In addition, in accordance with sec- handcrafters that make goods for dis- Hampshire. Senator MIKULSKI’s mes- tion 502(f)(1)(B) of the 1974 Act (19 tribution to those in need locally and sage, echoed by the other Senators, U.S.C. 2462(f)(1)(B)), I am providing no- was characteristically loud and clear: abroad. Grace Episcopal Church has tification of my intent to add South Decisions about medical care should be also been an active partner in the Sudan to the list of least-developed made by a woman and her doctor, not Washington County Habitat for Hu- beneficiary countries under the GSP a woman and her boss. Needless to say, manity projects, providing financial program. After considering the criteria donations in addition to donating of- Senator MIKULSKI carried the day; the set forth in section 502(c) of the 1974 amendment was defeated. fice space for the organization. Act, I have determined that it is appro- Other Senators have noted Senator I ask my colleagues to join me in priate to extend least-developed bene- MIKULSKI’s many firsts, including the paying tribute to the Grace Episcopal ficiary developing country benefits to first woman elevated to a leadership Church in Plymouth, NC for the count- South Sudan. position in the Senate. I would simply less acts of charity and good will this BARACK OBAMA. add that BARBARA MIKULSKI is also institution has provided and will con- THE WHITE HOUSE, March 26, 2012. first when it comes to a Senator being tinue to provide eastern North Caro- f true to her roots, a fierce and effective lina. May their work be recognized and champion for her State and passionate forever appreciated by the citizens of NOTIFICATION OF THE PRESI- fighter for social and economic justice. North Carolina as well as this Con- DENT’S INTENT TO SUSPEND Again, I salute the Senator on reaching gress. DESIGNATION OF ARGENTINA AS the historic milestone as the longest f A BENEFICIARY DEVELOPING serving female Member of Congress, COUNTRY UNDER THE GENERAL- and I wish her many more years of dis- ADDITIONAL STATEMENTS IZED SYSTEM OF PREFERENCES tinguished service to our Nation. (GSP) PROGRAM—PM 45 f The PRESIDING OFFICER laid be- RECOGNIZING GRACE EPISCOPAL TRIBUTE TO PATRICK DOYLE fore the Senate the following message CHURCH ∑ Mr. THUNE. Madam President, today from the President of the United Mr. BURR. Madam President, I am I recognize Patrick Doyle, an intern in States which was referred to the Com- very proud to extend my recognition my Rapid City, SD, office for all of the mittee on Finance: and congratulations to the congrega- hard work he has done for me, my To the Congress of the United States: tion and administration of the Grace staff, and the State of South Dakota In accordance with section 502(f)(2) of Episcopal Church in Plymouth, NC, as over the past few months. the Trade Act of 1974, as amended (the this wonderful institution celebrates Patrick is a graduate of Stevens High ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am 175 years of providing spiritual guid- School in Rapid City, SD. Currently, he providing notification of my intent to ance and community service to Wash- is attending the University of South suspend designation of Argentina as a ington County and the State of North Dakota, where he is majoring in polit- beneficiary developing country under Carolina. ical science and history. He is a hard the Generalized System of Preferences This year marking the 175th anniver- worker who has been dedicated to get- (GSP) program. Section 502(b)(2)(E) of sary of the founding of Grace Church, ting the most out of his internship ex- the 1974 Act (19 U.S.C. 2462(b)(2)(E)) we give the citizens of Washington perience. provides that the President shall not County as well as the State of North I would like to extend my sincere designate any country a beneficiary de- Carolina the opportunity to pay trib- thanks and appreciation to Patrick for veloping country under the GSP if such ute and homage to a place of worship all of the fine work he has done and country fails to act in good faith in en- that has impacted many and assisted wish him continued success in the forcing arbitral awards in favor of U.S.- those in need of spiritual guidance. years to come.∑ owned companies. Section 502(d)(2) of

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4072 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 the 1974 Act (19 U.S.C. 2462(d)(2)) pro- dited lines at airport screening checkpoints ulations, protect the community from vides that, after complying with the re- for specific categories of passengers, and for criminals, and for other purposes. other purposes; to the Committee on Com- quirements of section 502(f)(2) of the S. 960 1974 Act (19 U.S.C. 2462(f)(2)), the Presi- merce, Science, and Transportation. By Mr. BENNET (for himself, Mr. At the request of Mr. KERRY, the dent shall withdraw or suspend the des- HATCH, and Mr. BURR): name of the Senator from Maine (Ms. ignation of any country as a bene- S. 2236. A bill to provide for the expedited COLLINS) was added as a cosponsor of S. ficiary developing country if, after development and evaluation of drugs des- 960, a bill to provide for a study on such designation, the President deter- ignated as breakthrough drugs; to the Com- issues relating to access to intravenous mines that as the result of changed cir- mittee on Health, Education, Labor, and immune globulin (IVG) for Medicare cumstances such country would be Pensions. beneficiaries in all care settings and a barred from designation as a bene- By Mr. REID: demonstration project to examine the ficiary developing country under sec- S. 2237. A bill to provide a temporary in- come tax credit for increased payroll and ex- benefits of providing coverage and pay- tion 502(b)(2) of the 1974 Act. tend bonus depreciation for an additional ment for items and services necessary Pursuant to section 502(d) of the 1974 year, and for other purposes; read the first to administer IVG in the home. Act, having considered the factors set time. S. 1309 forth in section 502(b)(2)(E), I have de- f At the request of Mr. SCHUMER, the termined that it is appropriate to sus- name of the Senator from Iowa (Mr. pend Argentina’s designation as a bene- SUBMISSION OF CONCURRENT AND HARKIN) was added as a cosponsor of S. ficiary country under the GSP program SENATE RESOLUTIONS 1309, a bill to amend title XIX of the because it has not acted in good faith The following concurrent resolutions Social Security Act to cover physician in enforcing arbitral awards in favor of and Senate resolutions were read, and services delivered by podiatric physi- U.S.-owned companies. referred (or acted upon), as indicated: cians to ensure access by Medicaid BARACK OBAMA. By Mr. WARNER (for himself, Mr. beneficiaries to appropriate quality THE WHITE HOUSE, March 26, 2012. BINGAMAN, Ms. MURKOWSKI, Mr. foot and ankle care. f LUGAR, Ms. COLLINS, Mr. PRYOR, and S. 1575 MEASURES PLACED ON THE Mr. UDALL of Colorado): At the request of Mr. CARDIN, the CALENDAR S. Res. 406. A resolution commending the name of the Senator from West Vir- achievements and recognizing the impor- ginia (Mr. ROCKEFELLER) was added as The following bills were read the sec- tance of the Alliance to Save Energy on the a cosponsor of S. 1575, a bill to amend ond time, and placed on the calendar: 35th anniversary of the incorporation of the the Internal Revenue Code of 1986 to S. 2230. A bill to reduce the deficit by im- Alliance; to the Committee on the Judiciary. modify the depreciation recovery pe- posing a minimum effective tax rate for f high-income taxpayers. riod for energy-efficient cool roof sys- S. 2231. A bill to amend the Federal Credit ADDITIONAL COSPONSORS tems. Union Act, to advance the ability of credit S. 1696 S. 418 unions to promote small business growth and At the request of Mr. LEAHY, the At the request of Mr. HARKIN, the economic development opportunities, and for name of the Senator from Vermont other purposes. names of the Senator from Georgia (Mr. SANDERS) was added as a cospon- H.R. 5. An act to improve patient access to (Mr. ISAKSON) and the Senator from sor of S. 1696, a bill to improve the health care services and provide improved Wisconsin (Mr. JOHNSON) were added as Public Safety Officers’ Benefits Pro- medical care by reducing the excessive bur- cosponsors of S. 418, a bill to award a gram. den the liability system places on the health Congressional Gold Medal to the World care delivery system. War II members of the Civil Air Patrol. S. 1718 f At the request of Mr. WYDEN, the S. 550 name of the Senator from Missouri MEASURES READ THE FIRST TIME At the request of Mr. LIEBERMAN, the (Mr. BLUNT) was added as a cosponsor The following bill was read the first name of the Senator from Montana of S. 1718, a bill to amend title XVIII of time: (Mr. TESTER) was added as a cosponsor the Social Security Act with respect to S. 2237. A bill to provide a temporary in- of S. 550, a bill to improve the provi- the application of Medicare secondary come tax credit for increased payroll and ex- sion of assistance to fire departments, payer rules for certain claims. tend bonus depreciation for an additional and for other purposes. S. 1872 year, and for other purposes. S. 641 At the request of Mr. JOHANNS, his f At the request of Mr. DURBIN, the name was added as a cosponsor of S. INTRODUCTION OF BILLS AND name of the Senator from Minnesota 1872, a bill to amend the Internal Rev- JOINT RESOLUTIONS (Mr. FRANKEN) was added as a cospon- enue Code of 1986 to provide for the tax sor of S. 641, a bill to provide 100,000,000 The following bills and joint resolu- treatment of ABLE accounts estab- people with first-time access to safe tions were introduced, read the first lished under State programs for the drinking water and sanitation on a sus- and second times by unanimous con- care of family members with disabil- tainable basis within six years by im- sent, and referred as indicated: ities, and for other purposes. proving the capacity of the United S. 1884 By Mr. SCHUMER (for himself, Mr. States Government to fully implement LEE, Ms. MIKULSKI, Mr. BLUNT, Ms. At the request of Mr. DURBIN, the the Senator Paul Simon Water for the KLOBUCHAR, Mr. KIRK, Mr. RUBIO, and name of the Senator from New York Mr. COONS): Poor Act of 2005. (Mrs. GILLIBRAND) was added as a co- S. 2233. A bill to amend the Immigration S. 722 sponsor of S. 1884, a bill to provide and Nationality Act to stimulate inter- At the request of Mr. WYDEN, the States with incentives to require ele- national tourism to the United States; to the name of the Senator from Maine (Ms. Committee on the Judiciary. mentary schools and secondary schools COLLINS) was added as a cosponsor of S. By Mr. BLUMENTHAL (for himself, to maintain, and permit school per- Mr. PORTMAN, Mr. FRANKEN, Mr. 722, a bill to strengthen and protect sonnel to administer, epinephrine at RUBIO, Ms. COLLINS, Mr. LIEBERMAN, Medicare hospice programs. schools. and Mrs. MCCASKILL): S. 835 S. 1947 S. 2234. A bill to prevent human trafficking At the request of Mr. CRAPO, the At the request of Mr. BLUMENTHAL, in government contracting; to the Com- name of the Senator from Montana the name of the Senator from Lou- mittee on Homeland Security and Govern- mental Affairs. (Mr. TESTER) was added as a cosponsor isiana (Ms. LANDRIEU) was added as a By Mr. NELSON of Nebraska: of S. 835, a bill to reform the Bureau of cosponsor of S. 1947, a bill to prohibit S. 2235. A bill to prohibit the establishment Alcohol, Tobacco, Firearms, and Explo- attendance of an animal fighting ven- by air carriers and airport operators of expe- sives, modernize firearms laws and reg- ture, and for other purposes.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4073 S. 2003 S. 2155 moving the deadline for the ratifica- At the request of Mrs. FEINSTEIN, the At the request of Mrs. MCCASKILL, tion of the equal rights amendment. name of the Senator from South Da- her name was added as a cosponsor of S. RES. 356 kota (Mr. JOHNSON) was added as a co- S. 2155, a bill to amend the Farm Secu- At the request of Mrs. FEINSTEIN, the sponsor of S. 2003, a bill to clarify that rity and Rural Investment Act of 2002 name of the Senator from Maryland an authorization to use military force, to promote biobased manufacturing. (Mr. CARDIN) was added as a cosponsor a declaration of war, or any similar au- S. 2160 of S. Res. 356, a resolution expressing thority shall not authorize the deten- At the request of Mr. MORAN, the support for the people of Tibet. tion without charge or trial of a citizen name of the Senator from Nebraska S. RES. 370 or lawful permanent resident of the (Mr. JOHANNS) was added as a cospon- At the request of Mr. CASEY, the United States and for other purposes. sor of S. 2160, a bill to improve the ex- name of the Senator from California S. 2060 amination of depository institutions, (Mrs. FEINSTEIN) was added as a co- At the request of Mr. KOHL, the name and for other purposes. sponsor of S. Res. 370, a resolution call- of the Senator from Oregon (Mr. S. 2165 ing for democratic change in Syria. MERKLEY) was added as a cosponsor of At the request of Mrs. BOXER, the S. RES. 380 S. 2060, a bill to provide for the pay- names of the Senator from Nevada (Mr. At the request of Mr. GRAHAM, the ment of a benefit to members eligible HELLER) and the Senator from Missouri names of the Senator from Montana for participation in the Post-Deploy- (Mrs. MCCASKILL) were added as co- (Mr. TESTER), the Senator from Kansas ment/Mobilization Respite Absence sponsors of S. 2165, a bill to enhance (Mr. ROBERTS) and the Senator from program for days of nonparticipation strategic cooperation between the Alaska (Mr. BEGICH) were added as co- due to Government error. United States and Israel, and for other sponsors of S. Res. 380, a resolution to S. 2066 purposes. express the sense of the Senate regard- At the request of Ms. MURKOWSKI, the S. 2179 ing the importance of preventing the name of the Senator from Idaho (Mr. At the request of Mr. WEBB, the name Government of Iran from acquiring nu- CRAPO) was added as a cosponsor of S. of the Senator from Vermont (Mr. clear weapons capability. 2066, a bill to recognize the heritage of SANDERS) was added as a cosponsor of S. RES. 402 recreational fishing, hunting, and S. 2179, a bill to amend title 38, United At the request of Mr. JOHANNS, his shooting on Federal public land and en- States Code, to improve oversight of name was added as a cosponsor of S. sure continued opportunities for those educational assistance provided under Res. 402, a resolution condemning Jo- activities. laws administered by the Secretary of seph Kony and the Lord’s Resistance S. 2085 Veterans Affairs and the Secretary of Army for committing crimes against At the request of Mr. PAUL, the name Defense, and for other purposes. humanity and mass atrocities, and sup- of the Senator from Alabama (Mr. SES- S. 2204 porting ongoing efforts by the United SIONS) was added as a cosponsor of S. At the request of Mr. MENENDEZ, the States Government and governments 2085, a bill to strengthen employee cost names of the Senator from Maryland in central Africa to remove Joseph savings suggestions programs within (Ms. MIKULSKI), the Senator from Cali- Kony and Lord’s Resistance Army com- the Federal Government. fornia (Mrs. BOXER), the Senator from manders from the battlefield. S. 2103 New Jersey (Mr. LAUTENBERG), the Sen- f At the request of Mr. LEE, the names ator from Oregon (Mr. WYDEN), the STATEMENTS ON INTRODUCED of the Senator from Oklahoma (Mr. Senator from Pennsylvania (Mr. BILLS AND JOINT RESOLUTIONS COBURN) and the Senator from Arkan- CASEY), the Senator from Maryland sas (Mr. BOOZMAN) were added as co- (Mr. CARDIN), the Senator from Cali- By Mr. REID: sponsors of S. 2103, a bill to amend title fornia (Mrs. FEINSTEIN), the Senator S. 2237. A bill to provide a temporary 18, United States Code, to protect pain- from Connecticut (Mr. BLUMENTHAL) income tax credit for increased payroll capable unborn children in the District and the Senator from Oregon (Mr. and extend bonus depreciation for an of Columbia, and for other purposes. MERKLEY) were added as cosponsors of additional year, and for other purposes; S. 2112 S. 2204, a bill to eliminate unnecessary read the first time. Mr. REID. Mr. President, I ask unan- At the request of Mr. BEGICH, the tax subsidies and promote renewable imous consent that the text of the bill name of the Senator from Maryland energy and energy conservation. be printed in the RECORD. (Ms. MIKULSKI) was added as a cospon- S. 2219 There being no objection, the text of sor of S. 2112, a bill to amend title 10, At the request of Mr. WHITEHOUSE, the bill was ordered to be printed in United States Code, to authorize space- the name of the Senator from Mary- the RECORD as follows: available travel on military aircraft land (Ms. MIKULSKI) was added as a co- for members of the reserve compo- sponsor of S. 2219, a bill to amend the S. 2237 nents, a member or former member of Federal Election Campaign Act of 1971 Be it enacted by the Senate and House of Rep- to provide for additional disclosure re- resentatives of the United States of America in a reserve component who is eligible for Congress assembled, quirements for corporations, labor or- retired pay but for age, widows and SECTION 1. SHORT TITLE. widowers of retired members, and de- ganizations, Super PACs and other en- This Act may be cited as the ‘‘Small Busi- pendents. tities, and for other purposes. ness Jobs and Tax Relief Act’’. S. 2121 S. 2221 SEC. 2. TEMPORARY TAX CREDIT FOR IN- At the request of Ms. KLOBUCHAR, the At the request of Mr. THUNE, the CREASED PAYROLL. name of the Senator from Montana names of the Senator from Montana (a) IN GENERAL.—In the case of a qualified employer who elects the application of this (Mr. BAUCUS) and the Senator from (Mr. TESTER) was added as a cosponsor section, there shall be allowed as a credit of S. 2121, a bill to modify the Depart- Missouri (Mrs. MCCASKILL) were added against the tax imposed by chapter 1 of the ment of Defense Program Guidance re- as cosponsors of S. 2221, a bill to pro- Internal Revenue Code of 1986 for the taxable lating to the award of Post-Deploy- hibit the Secretary of Labor from fi- year which includes December 31, 2012, an ment/Mobilization Respite Absence ad- nalizing a proposed rule under the Fair amount equal to 10 percent of the excess (if ministrative absence days to members Labor Standards Act of 1938 relating to any) of— of the reserve components to exempt child labor. (1) the sum of the wages and compensation paid by such qualified employer for qualified any member whose qualified mobiliza- S.J. RES. 39 services during calendar year 2012, over tion commenced before October 1, 2011, At the request of Mr. CARDIN, the (2) the sum of such wages and compensa- and continued on or after that date, name of the Senator from Vermont tion paid during calendar year 2011. from the changes to the program guid- (Mr. SANDERS) was added as a cospon- (b) LIMITATION.—The amount of the excess ance that took effect on that date. sor of S.J. Res. 39, a joint resolution re- taken into account under subsection (a) with

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4074 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 respect to any qualified employer shall not such Code for such taxable year and shall be tax system of such possession if the income exceed $5,000,000. treated as a credit allowed under subpart D tax liability of the residents of such posses- (c) WAGES AND COMPENSATION.—For pur- of part IV of subchapter A of chapter 1 of sion under such system is determined by ref- poses of this section— such Code. erence to the income tax laws of the United (1) WAGES.—The term ‘‘wages’’ has the (B) LIMITATION ON CARRYBACKS.—No por- States as if such possession were the United meaning given such term under section 3121 tion of the unused business credit under sec- States. of the Internal Revenue Code of 1986 for pur- tion 38 of such Code for any taxable year (C) TREATMENT OF PAYMENTS.—For pur- poses of the tax imposed by section 3111(a) of which is attributable to an increase in the poses of section 1324(b)(2) of title 31, United such Code. current year business credit by reason of States Code, the payments under this sub- (2) COMPENSATION.—The term ‘‘compensa- subparagraph (A) may be carried to a taxable section shall be treated in the same manner tion’’ has the meaning given such term year beginning before the date of the enact- as a refund due from credit provisions de- under section 3231 of such Code for purposes ment of this section. scribed in such section. of the portion of the tax imposed by section (2) TAX-EXEMPT EMPLOYERS.— (h) REGULATIONS.—The Secretary shall pre- 3221(a) of such Code that corresponds to the (A) IN GENERAL.—The credit allowed under scribe such regulations or guidance as are tax imposed by section 3111(a) of such Code. subsection (a) with respect to qualified serv- necessary to carry out the provisions of this (3) APPLICATION OF CONTRIBUTION AND BEN- ices described in subsection (d)(2)(B) for any section. EFIT BASE TO CALENDAR YEAR 2011.—For pur- taxable year— SEC. 3. EXTENSION OF ALLOWANCE FOR BONUS poses of determining wages and compensa- (i) shall be treated as a credit allowed DEPRECIATION FOR CERTAIN BUSI- NESS ASSETS. tion under subsection (a)(2), the contribution under subpart C of part IV of subchapter A of (a) EXTENSION OF 100 PERCENT BONUS DE- and benefit base as determined under section chapter 1 of such Code, and PRECIATION.— 230 of the Social Security Act shall be such (ii) shall be added to the credits described (1) IN GENERAL.—Paragraph (5) of section amount as in effect for calendar year 2012. in subparagraph (A) of section 6211(b)(4) of 168(k) of the Internal Revenue Code of 1986 is (4) SPECIAL RULE WHEN NO WAGES OR COM- such Code. amended— PENSATION IN 2011.—In any case in which the (B) CONFORMING AMENDMENT.—Section (A) by striking ‘‘January 1, 2012’’ each sum of the wages and compensation paid by 1324(b)(2) of title 31, United States Code, is place it appears and inserting ‘‘January 1, a qualified employer for qualified services amended by inserting ‘‘or due under section 2013’’, and during calendar year 2011 is zero, then the 2 of the Small Business Jobs and Tax Relief (B) by striking ‘‘January 1, 2013’’ and in- amount taken into account under subsection Act’’ after ‘‘the Housing Assistance Tax Act serting ‘‘January 1, 2014’’. (a)(2) shall be 80 percent of the amount taken of 2008’’. (2) CONFORMING AMENDMENTS.— into account under subsection (a)(1). (g) TREATMENT OF POSSESSIONS.— (A) The heading for paragraph (5) of sec- (5) COORDINATION WITH OTHER EMPLOYMENT (1) PAYMENTS TO POSSESSIONS.— tion 168(k) of such Code is amended by strik- CREDITS.—The amount of the excess taken (A) MIRROR CODE POSSESSIONS.—The Sec- ing ‘‘PRE-2012 PERIODS’’ and inserting ‘‘PRE-2013 into account under subsection (a) shall be re- retary shall pay to each possession of the PERIODS’’. duced by the sum of all other Federal tax United States with a mirror code tax system (B) Clause (ii) of section 460(c)(6)(B) of such credits determined with respect to wages or amounts equal to the loss to that possession Code is amended by striking ‘‘January 1, 2011 compensation paid in calendar year 2012. by reason of the application of subsections (January 1, 2012’’ and inserting ‘‘January 1, (d) OTHER DEFINITIONS.— (a) through (f). Such amounts shall be deter- 2013 (January 1, 2014’’. (1) QUALIFIED EMPLOYER.—For purposes of mined by the Secretary based on information (3) EFFECTIVE DATES.— this section— provided by the government of the respective (A) IN GENERAL.—Except as provided in (A) IN GENERAL.—The term ‘‘qualified em- possession of the United States. subparagraph (B), the amendments made by ployer’’ has the meaning given such term (B) OTHER POSSESSIONS.—The Secretary this section shall apply to property placed in under section 3111(d)(2) of the Internal Rev- shall pay to each possession of the United service after December 31, 2011. enue Code of 1986, determined by sub- States which does not have a mirror code tax (B) CONFORMING AMENDMENT.—The amend- stituting ‘‘section 101 of the Higher Edu- system the amount estimated by the Sec- ment made by paragraph (2)(B) shall apply to cation Act of 1965’’ for ‘‘section 101(b) of the retary as being equal to the loss to that pos- property placed in service after December 31, Higher Education Act of 1965’’ in subpara- session that would have occurred by reason 2010. graph (B) thereof. of the application of subsections (a) through (b) EXPANSION OF ELECTION TO ACCELERATE (B) AGGREGATION RULES.—Rules similar to (f) if a mirror code tax system had been in ef- AMT CREDITS IN LIEU OF BONUS DEPRECIA- the rules of sections 414(b), 414(c), 414(m), and fect in such possession. The preceding sen- TION.— 414(o) of such Code shall apply to determine tence shall not apply with respect to any (1) IN GENERAL.—Paragraph (4) of section when multiple entities shall be treated as a possession of the United States unless such 168(k) of the Internal Revenue Code of 1986 is single employer, and rules with respect to possession establishes to the satisfaction of amended to read as follows: predecessor and successor employers may be the Secretary that the possession has imple- ‘‘(4) ELECTION TO ACCELERATE AMT CREDITS applied, in such manner as may be prescribed mented (or, at the discretion of the Sec- IN LIEU OF BONUS DEPRECIATION.— by the Secretary of the Treasury or the Sec- retary, will implement) an income tax ben- ‘‘(A) IN GENERAL.—If a corporation elects retary’s designee (in this section referred to efit which is substantially equivalent to the to have this paragraph apply for any taxable as the ‘‘Secretary’’). income tax credit allowed under such sub- year— (2) QUALIFIED SERVICES.—The term ‘‘quali- sections. ‘‘(i) paragraph (1) shall not apply to any el- fied services’’ means services performed by (2) COORDINATION WITH CREDIT ALLOWED igible qualified property placed in service by an individual who is not described in section AGAINST UNITED STATES INCOME TAXES.—No the taxpayer in such taxable year, 51(i)(1) of such Code (applied by substituting increase in the credit determined under sec- ‘‘(ii) the applicable depreciation method ‘‘qualified employer’’ for ‘‘taxpayer’’ each tion 38(b) of the Internal Revenue Code of used under this section with respect to such place it appears)— 1986 against United States income taxes for property shall be the straight line method, (A) in a trade or business of the qualified any taxable year determined by reason of and employer, or subsection (f)(1)(A) shall be taken into ac- ‘‘(iii) the limitation imposed by section (B) in the case of a qualified employer ex- count with respect to any person— 53(c) for such taxable year shall be increased empt from tax under section 501(a) of such (A) to whom a credit is allowed against by the bonus depreciation amount which is Code, in furtherance of the activities related taxes imposed by the possession by reason of determined for such taxable year under sub- to the purpose or function constituting the this section for such taxable year, or paragraph (B). basis of the employer’s exemption under sec- (B) who is eligible for a payment under a ‘‘(B) BONUS DEPRECIATION AMOUNT.—For tion 501 of such Code. plan described in paragraph (1)(B) with re- purposes of this paragraph— (e) APPLICATION OF CERTAIN RULES.—Rules spect to such taxable year. ‘‘(i) IN GENERAL.—The bonus depreciation similar to the rules of sections 280C(a) and (3) DEFINITIONS AND SPECIAL RULES.— amount for any taxable year is an amount 6501(m) of the Internal Revenue Code of 1986 (A) POSSESSION OF THE UNITED STATES.—For equal to 20 percent of the excess (if any) of— shall apply with respect to the credit deter- purposes of this subsection, the term ‘‘pos- ‘‘(I) the aggregate amount of depreciation mined under this section. session of the United States’’ includes Amer- which would be allowed under this section (f) TREATMENT OF CREDIT.—For purposes of ican Samoa, Guam, the Commonwealth of for eligible qualified property placed in serv- the Internal Revenue Code of 1986— the Northern Mariana Islands, the Common- ice by the taxpayer during such taxable year (1) TAXABLE EMPLOYERS.— wealth of Puerto Rico, and the United States if paragraph (1) applied to all such property, (A) IN GENERAL.—The credit allowed under Virgin Islands. over subsection (a) with respect to qualified serv- (B) MIRROR CODE TAX SYSTEM.—For pur- ‘‘(II) the aggregate amount of depreciation ices described in subsection (d)(2)(A) for any poses of this subsection, the term ‘‘mirror which would be allowed under this section taxable year shall be added to the current code tax system’’ means, with respect to any for eligible qualified property placed in serv- year business credit under section 38(b) of possession of the United States, the income ice by the taxpayer during such taxable year

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4075 if paragraph (1) did not apply to any such (or by corporations treated as 1 taxpayer lic-policy organization that works with property. under subparagraph (B)(iii)), for purposes of prominent leaders in the fields of business, The aggregate amounts determined under subparagraph (B), each partner shall take government, education, the environment, subclauses (I) and (II) shall be determined into account its distributive share of the and consumer affairs to promote the effi- without regard to any election made under amounts determined by the partnership cient and clean use of energy throughout the subsection (b)(2)(D), (b)(3)(D), or (g)(7) and under subclauses (I) and (II) of clause (i) of world to benefit the economy, environment, without regard to subparagraph (A)(ii). such subparagraph for the taxable year of and security of the United States; ‘‘(ii) LIMITATION.—The bonus depreciation the partnership ending with or within the Whereas the Alliance to Save Energy oper- amount for any taxable year shall not exceed taxable year of the partner. The preceding ates programs and collaborative projects the lesser of— sentence shall apply only to amounts deter- throughout the United States, and has ‘‘(I) 50 percent of the minimum tax credit mined with respect to property placed in worked in the international community for under section 53(b) for the first taxable year service after December 31, 2011. more than a decade in more than 30 devel- ending after December 31, 2011, reduced (but ‘‘(iv) SPECIAL RULE FOR PASSENGER AIR- oping and transitional countries; not below zero) by the sum of the bonus de- CRAFT.—In the case of any passenger air- Whereas the Alliance to Save Energy preciation amounts for all taxable years end- craft, the written binding contract limita- leverages international relationships with ing after such date for which an election tion under paragraph (2)(A)(iii)(I) shall not government and industry leaders to promote under this paragraph was made which pre- apply for purposes of subparagraphs (B)(i)(I) energy efficiency throughout the world and cede the taxable year for which the deter- and (C).’’. has worked to launch affiliate organizations mination is made (other than amounts deter- (2) EFFECTIVE DATE.—The amendment such as the European Alliance to Save En- mined with respect to property placed in made by this subsection shall apply to tax- ergy and the Australian Alliance to Save En- service by the taxpayer on or before such able years ending after December 31, 2011. ergy; date), or (3) TRANSITIONAL RULE.—In the case of a Whereas the Alliance to Save Energy has ‘‘(II) the minimum tax credit under section taxable year beginning before January 1, shown that energy efficiency and conserva- 53(b) for such taxable year determined by 2012, and ending after December 31, 2011, the tion measures taken by the United States taking into account only the adjusted min- bonus depreciation amount determined during the past 35 years have caused annual imum tax for taxable years ending before under paragraph (4) of section 168(k) of the energy consumption in the United States to January 1, 2012 (determined by treating cred- Internal Revenue Code of 1986 for such year decrease by more than 52 quads; its as allowed on a first-in, first-out basis). shall be the sum of— Whereas the Alliance to Save Energy is ‘‘(iii) AGGREGATION RULE.—All corporations (A) such amount determined under such recognized across the United States as an au- which are treated as a single employer under paragraph as in effect on the date before the thority on energy efficiency, and regularly section 52(a) shall be treated— date of enactment of this Act— provides testimony and resources to the Fed- ‘‘(I) as 1 taxpayer for purposes of this para- (i) taking into account only property eral Government, State governments, and graph, and placed in service before January 1, 2012, and members of the business and media commu- ‘‘(II) as having elected the application of (ii) multiplying the limitation under sub- nities; this paragraph if any such corporation so paragraph (C)(ii) of such paragraph (as so in Whereas the Alliance to Save Energy con- elects. effect) by a fraction the numerator of which tributes to a variety of educational and out- ‘‘(C) ELIGIBLE QUALIFIED PROPERTY.—For is the number of days in the taxable year be- reach initiatives, including— purposes of this paragraph, the term ‘eligible fore January 1, 2012, and the denominator of (1) the award-winning Green Schools and qualified property’ means qualified property which is the number of days in the taxable Green Campus programs; under paragraph (2), except that in applying year, and (2) award-winning public service an- paragraph (2) for purposes of this para- (B) such amount determined under such nouncements; and graph— paragraph as amended by this Act— (3) a variety of targeted energy-effi- ‘‘(i) ‘March 31, 2008’ shall be substituted for (i) taking into account only property ciency campaigns; and ‘December 31, 2007’ each place it appears in placed in service after December 31, 2011, and Whereas the Alliance to Save Energy col- subparagraph (A) and clauses (i) and (ii) of (ii) multiplying the limitation under sub- laborates with other prominent organiza- subparagraph (E) thereof, paragraph (B)(ii) of such paragraph (as so in tions to form partnerships and create groups ‘‘(ii) ‘April 1, 2008’ shall be substituted for effect) by a fraction the numerator of which that advance the cause of energy efficiency, ‘January 1, 2008’ in subparagraph (A)(iii)(I) is the number of days in the taxable year including— thereof, and after December 31, 2011, and the denominator (1) the Building Codes Assistance Project ‘‘(iii) only adjusted basis attributable to of which is the number of days in the taxable (commonly known as ‘‘BCAP’’); manufacture, construction, or production— year. (2) the Southeast Energy Efficiency Alli- ‘‘(I) after March 31, 2008, and before Janu- f ance (commonly known as ‘‘SEEA’’); ary 1, 2010, and (3) the Clean and Efficient Energy Pro- ‘‘(II) after December 31, 2010, and before SUBMITTED RESOLUTIONS gram (commonly known as ‘‘CEEP’’); January 1, 2013, shall be taken into account (4) the Efficient Windows Collaborative; under subparagraph (B)(ii) thereof. and ‘‘(D) CREDIT REFUNDABLE.—For purposes of SENATE RESOLUTION 406—COM- (5) the Appliance Standards Awareness section 6401(b), the aggregate increase in the MENDING THE ACHIEVEMENTS Project (commonly known as ‘‘ASAP’’): Now, credits allowable under part IV of subchapter AND RECOGNIZING THE IMPOR- therefore, be it A for any taxable year resulting from the ap- TANCE OF THE ALLIANCE TO Resolved, That the Senate— plication of this paragraph shall be treated SAVE ENERGY ON THE 35TH AN- (1) congratulates the Alliance to Save En- ergy on the 35th anniversary of the incorpo- as allowed under subpart C of such part (and NIVERSARY OF THE INCORPORA- not any other subpart). ration of the Alliance; and TION OF THE ALLIANCE ‘‘(E) OTHER RULES.— (2) recognizes the important contributions ‘‘(i) ELECTION.—Any election under this Mr. WARNER (for himself, Mr. that the Alliance to Save Energy has made paragraph may be revoked only with the BINGAMAN, Ms. MURKOWSKI, Mr. LUGAR, to further the cause of energy efficiency. consent of the Secretary. Ms. COLLINS, Mr. PRYOR, and Mr. f ‘‘(ii) PARTNERSHIPS WITH ELECTING PART- UDALL of Colorado) submitted the fol- AMENDMENTS SUBMITTED AND NERS.—In the case of a corporation making lowing resolution; which was referred an election under subparagraph (A) and PROPOSED to the Committee on the Judiciary: which is a partner in a partnership, for pur- SA 1946. Mr. MCCAIN submitted an amend- S. RES. 406 poses of determining such corporation’s dis- ment intended to be proposed by him to the tributive share of partnership items under Whereas March 18, 2012, marks the first day bill S. 2204, to eliminate unnecessary tax section 702— of a year-long celebration of the 35th anni- subsidies and promote renewable energy and ‘‘(I) paragraph (1) shall not apply to any el- versary of the Alliance to Save Energy, energy conservation; which was ordered to igible qualified property, and which was incorporated as a nonprofit orga- lie on the table. ‘‘(II) the applicable depreciation method nization in accordance with section 501(c)(3) SA 1947. Mr. MCCAIN submitted an amend- used under this section with respect to such of the Internal Revenue Code of 1986 on ment intended to be proposed by him to the property shall be the straight line method. March 18, 1977; bill S. 2204, supra; which was ordered to lie ‘‘(iii) CERTAIN PARTNERSHIPS.—In the case Whereas the Alliance to Save Energy was on the table. of a partnership in which more than 50 per- founded by Senators Charles H. Percy and SA 1948. Mr. MCCAIN submitted an amend- cent of the capital and profits interests are Hubert H. Humphrey; ment intended to be proposed by him to the owned (directly or indirectly) at all times Whereas the Alliance to Save Energy is a bill S. 2204, supra; which was ordered to lie during the taxable year by one corporation unique national, nonprofit, bipartisan pub- on the table.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4076 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012

SA 1949. Mr. MCCAIN submitted an amend- striking ‘‘June 30, 2003’’ each place it appears was attributable to the trade or business ac- ment intended to be proposed by him to the and inserting ‘‘September 30, 2011’’. quired by the taxpayer. bill S. 2204, supra; which was ordered to lie (D) DETERMINATIONS RELATING TO BASE PE- ‘‘(ii) DISPOSITIONS.—If, after December 31, on the table. RIOD.—Section 965(c)(2) of such Code is 2009, and before the close of the first taxable SA 1950. Mr. MCCAIN submitted an amend- amended by striking ‘‘June 30, 2003’’ and in- year following the election year, a taxpayer ment intended to be proposed by him to the serting ‘‘September 30, 2011’’. disposes of a trade or business, then— bill S. 2204, supra; which was ordered to lie (b) DEDUCTION INCLUDES CURRENT AND AC- ‘‘(I) the qualified payroll of such taxpayer on the table. CUMULATED FOREIGN EARNINGS.— for calendar year 2010 shall be decreased by SA 1951. Mr. MCCAIN submitted an amend- (1) IN GENERAL.—Paragraph (1) of section the amount of wages for such calendar year ment intended to be proposed by him to the 965(b) of the Internal Revenue Code of 1986 is as were attributable to the trade or business bill S. 2204, supra; which was ordered to lie amended to read as follows: which was disposed of by the taxpayer, and on the table. ‘‘(1) IN GENERAL.—The amount of dividends ‘‘(II) if the disposition occurs after the be- SA 1952. Mr. SANDERS (for himself, Mr. taken into account under subsection (a) shall ginning of the first taxable year following BLUMENTHAL, Mrs. FEINSTEIN, Mr. TESTER, not exceed the sum of the current and accu- the election year, the qualified payroll of Mrs. MCCASKILL, Ms. KLOBUCHAR, Mr. LEVIN, mulated earnings and profits described in such taxpayer for the calendar year which Mr. FRANKEN, Mr. BROWN of Ohio, Mr. section 959(c)(3) for the year a deduction is begins with or within such taxable year shall CARDIN, and Ms. MIKULSKI) submitted an claimed under subsection (a), without dimi- be decreased by the amount of wages for amendment intended to be proposed by him nution by reason of any distributions made such calendar year as were attributable to to the bill S. 2204, supra; which was ordered during the election year, for all controlled the trade or business which was disposed of to lie on the table. foreign corporations of the United States by the taxpayer. f shareholder.’’. ‘‘(C) SPECIAL RULE.—For purposes of deter- (2) CONFORMING AMENDMENTS.— mining qualified payroll for any calendar TEXT OF AMENDMENTS (A) Section 965(c) of such Code, as amended year after calendar year 2011, such term shall SA 1946. Mr. MCCAIN submitted an by subsection (a), is amended by striking not include wages paid to any individual if amendment intended to be proposed by paragraph (1) and by redesignating para- such individual received compensation from graphs (2), (3), (4), and (5), as paragraphs (1), the taxpayer for services performed— him to the bill S. 2204, to eliminate un- (2), (3), and (4), respectively. ‘‘(i) after the date of the enactment of this necessary tax subsidies and promote (B) Paragraph (4) of section 965(c) of such paragraph, and renewable energy and energy conserva- Code, as redesignated by subparagraph (A), is ‘‘(ii) at a time when such individual was tion; which was ordered to lie on the amended to read as follows: not an employee of the taxpayer.’’. table; as follows: ‘‘(4) CONTROLLED GROUPS.—All United (3) REDUCTION FOR FAILURE TO MAINTAIN EM- At the end, add the following: States shareholders which are members of an PLOYMENT LEVELS.—Paragraph (4) of section affiliated group filing a consolidated return 965(b) of such Code (relating to limitations) ll— TITLE FOREIGN EARNINGS under section 1501 shall be treated as one is amended to read as follows: REINVESTMENT United States shareholder.’’. ‘‘(4) REDUCTION IN BENEFITS FOR FAILURE TO SEC. l01. SHORT TITLE. (c) AMOUNT OF DEDUCTION.— MAINTAIN EMPLOYMENT LEVELS.— This title may be cited as the ‘‘Foreign (1) IN GENERAL.—Paragraph (1) of section ‘‘(A) IN GENERAL.—If, during the period Earnings Reinvestment Act’’. 965(a) of the Internal Revenue Code of 1986 is consisting of the calendar month in which SEC. l02. ALLOWANCE OF TEMPORARY DIVI- amended by striking ‘‘85 percent’’ and insert- the taxpayer first receives a distribution de- DENDS RECEIVED DEDUCTION FOR ing ‘‘75 percent’’. scribed in subsection (a)(1) and the suc- DIVIDENDS RECEIVED FROM A CON- (2) BONUS DEDUCTION IN SUBSEQUENT TAX- ceeding 23 calendar months, the taxpayer TROLLED FOREIGN CORPORATION. ABLE YEAR FOR INCREASING JOBS.—Section 965 does not maintain an average employment (a) APPLICABILITY OF PROVISION.— of such Code is amended by adding at the end level at least equal to the taxpayer’s prior (1) IN GENERAL.—Subsection (f) of section the following new subsection: average employment, an additional amount 965 of the Internal Revenue Code of 1986 is ‘‘(g) BONUS DEDUCTION.— equal to $75,000 multiplied by the number of amended to read as follows: ‘‘(1) IN GENERAL.—In the case of any tax- employees by which the taxpayer’s average ‘‘(f) ELECTION; ELECTION YEAR.— payer who makes an election to apply this employment level during such period falls ‘‘(1) IN GENERAL.—The taxpayer may elect section, there shall be allowed as a deduction below the prior average employment (but not to apply this section to— for the first taxable year following the elec- exceeding the aggregate amount allowed as a ‘‘(A) the taxpayer’s last taxable year which tion year an amount equal to the applicable deduction pursuant to subsection (a)(1)) shall begins before the date of the enactment of percentage of the cash dividends which are be taken into income by the taxpayer during the Foreign Earnings Reinvestment Act, or taken into account under subsection (a) with the taxable year that includes the final day ‘‘(B) the taxpayer’s first taxable year respect to such taxpayer for the election of such period. which begins during the 1-year period begin- year. ‘‘(B) AVERAGE EMPLOYMENT LEVEL.—For ning on such date. ‘‘(2) APPLICABLE PERCENTAGE.—For pur- purposes of this paragraph, the taxpayer’s Such election may be made for a taxable poses of paragraph (1), the applicable per- average employment level for a period shall year only if made on or before the due date centage is the amount which bears the same be the average number of full-time United (including extensions) for filing the return of ratio (not greater than 1) to 10 percent as— States employees of the taxpayer, measured tax for such taxable year. ‘‘(A) the excess (if any) of— at the end of each month during the period. ‘‘(C) ELECTION YEAR.—For purposes of this ‘‘(i) the qualified payroll of the taxpayer ‘‘(C) PRIOR AVERAGE EMPLOYMENT.—For section, the term ‘election year’ means the for the calendar year which begins with or purposes of this paragraph, the taxpayer’s taxable year— within the first taxable year following the ‘prior average employment’ shall be the av- ‘‘(i) which begins after the date that is one election year, over erage number of full-time United States em- year before the date of the enactment of the ‘‘(ii) the qualified payroll of the taxpayer ployees of the taxpayer during the period Foreign Earnings Reinvestment Act, and for calendar year 2010, bears to consisting of the 24 calendar months imme- ‘‘(ii) to which the taxpayer elects under ‘‘(B) 10 percent of the qualified payroll of diately preceding the calendar month in paragraph (1) to apply this section.’’. the taxpayer for calendar year 2010.’’ which the taxpayer first receives a distribu- (2) CONFORMING AMENDMENTS.— ‘‘(3) QUALIFIED PAYROLL.—For purposes of tion described in subsection (a)(1). (A) EXTRAORDINARY DIVIDENDS.—Section this paragraph: ‘‘(D) FULL-TIME UNITED STATES EMPLOYEE.— 965(b)(2) of such Code is amended— ‘‘(A) IN GENERAL.—The term ‘qualified pay- For purposes of this paragraph— (i) by striking ‘‘June 30, 2003’’ and inserting roll’ means, with respect to a taxpayer for ‘‘(i) IN GENERAL.—The term ‘full-time ‘‘September 30, 2011’’, and any calendar year, the aggregate wages (as United States employee’ means an individual (ii) by adding at the end the following new defined in section 3121(a)) paid by the cor- who provides services in the United States as sentence: ‘‘The amounts described in clauses poration during such calendar year. a full-time employee, based on the employ- (i), (ii), and (iii) shall not include any ‘‘(B) EXCEPTION FOR CHANGES IN OWNERSHIP er’s standards and practices; except that re- amounts which were taken into account in OF TRADES OR BUSINESSES.— gardless of the employer’s classification of determining the deduction under subsection ‘‘(i) ACQUISITIONS.—If, after December 31, the employee, an employee whose normal (a) for any prior taxable year.’’. 2009, and before the close of the first taxable schedule is 40 hours or more per week is con- (B) DETERMINATIONS RELATING TO RELATED year following the election year, a taxpayer sidered a full-time employee. PARTY INDEBTEDNESS.—Section 965(b)(3)(B) of acquires the trade or business of a prede- ‘‘(ii) EXCEPTION FOR CHANGES IN OWNERSHIP such Code is amended by striking ‘‘October 3, cessor, then the qualified payroll of such tax- OF TRADES OR BUSINESSES.—Such term does 2004’’ and inserting ‘‘September 30, 2011’’. payer for any calendar year shall be in- not include— (C) APPLICABLE FINANCIAL STATEMENT.— creased by so much of the qualified payroll ‘‘(I) any individual who was an employee, Section 965(c)(1) of such Code is amended by of the predecessor for such calendar year as on the date of acquisition, of any trade or

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4077 business acquired by the taxpayer during the later than the date that is 6 months after the SA 1951. Mr. MCCAIN submitted an 24-month period referred to in subparagraph date of the enactment of this Act. amendment intended to be proposed by (A), and (c) REGULATIONS.—The Commandant shall him to the bill S. 2204, to eliminate un- ensure that a tanker vessel issued a coast- ‘‘(II) any individual who was an employee necessary tax subsidies and promote of any trade or business disposed of by the wise endorsement under subsection (a) meets taxpayer during the 24-month period referred all appropriate safety and security require- renewable energy and energy conserva- to in subparagraph (A) or the 24-month pe- ments. tion; which was ordered to lie on the riod referred to in subparagraph (C). table; as follows: ‘‘(E) AGGREGATION RULES.—In determining SA 1949. Mr. MCCAIN submitted an On page 22, strike lines 4 and 5 and insert the taxpayer’s average employment level amendment intended to be proposed by the following: and prior average employment, all domestic him to the bill S. 2204, to eliminate un- TITLE III—MISCELLANEOUS members of a controlled group shall be treat- necessary tax subsidies and promote SEC. 301. PROHIBITION ON USE OF FEDERAL ed as a single taxpayer.’’. renewable energy and energy conserva- FUNDS RELATING TO ETHANOL (d) EFFECTIVE DATE.—The amendments tion; which was ordered to lie on the BLENDER PUMPS AND ETHANOL made by this section shall apply to taxable table; as follows: STORAGE FACILITIES. years ending after the date of the enactment Effective beginning on the date of enact- of this Act. At the end, add the following: ment of this Act, no funds made available by TITLE IV—COASTWISE TRADE Federal law shall be expended to construct, SA 1947. Mr. MCCAIN submitted an SEC. 401. REPEAL OF JONES ACT LIMITATIONS fund, install, or operate an ethanol blender amendment intended to be proposed by ON COASTWISE TRADE. pump or an ethanol storage facility (unless him to the bill S. 2204, to eliminate un- (a) IN GENERAL.—Section 12112(a) of title the funds are expended to construct, fund, necessary tax subsidies and promote 46, United States Code, is amended to read as install, or operate an ethanol blender pump renewable energy and energy conserva- follows: or an ethanol storage facility for use by ‘‘(a) IN GENERAL.—A coastwise endorse- tion; which was ordered to lie on the motor vehicle fleets operated by a Federal ment may be issued for a vessel that quali- agency), including— table; as follows: fies under the laws of the United States to (1) funds in any trust fund to which funds At the end, add the following: engage in the coastwise trade.’’. are made available by Federal law; and TITLE IV—WAIVER OF JONES ACT RE- (b) REGULATIONS.—Not later than 90 days (2) any funds made available under the QUIREMENTS FOR OIL AND GASOLINE after the date of the enactment of this Act, Rural Energy for America Program estab- TANKERS the Commandant of the United States Coast lished under section 9007 of the Farm Secu- Guard shall issue regulations to implement rity and Rural Investment Act of 2002 (7 SEC. 401. WAIVER OF JONES ACT REQUIREMENTS the amendment made by subsection (a). Such FOR OIL AND GASOLINE TANKERS. U.S.C. 8107). regulations shall require that a vessel per- (a) IN GENERAL.—Section 12112 of title 46, TITLE IV—BUDGETARY EFFECTS mitted to engaged in the coastwise trade United States Code, is amended— meets all appropriate safety and security re- SEC. 401. DEFICIT REDUCTION. (1) in subsection (a), by striking ‘‘A coast- quirements. wise’’ and inserting ‘‘Except as provided in (c) CONFORMING AMENDMENTS.— SA 1952. Mr. SANDERS (for himself, subsection (b), a coastwise’’; (1) TANK VESSEL CONSTRUCTION STAND- (2) by redesignating subsection (b) as sub- Mr. BLUMENTHAL, Mrs. FEINSTEIN, Mr. ARDS.—Section 3703a(c)(1)(C) of title 46, section (c); and TESTER, Mrs. MCCASKILL, Ms. KLO- United States Code, is amended by striking (3) by inserting after subsection (a) the fol- BUCHAR, Mr. LEVIN, Mr. FRANKEN, Mr. ‘‘Coast Guard and is qualified for documenta- lowing: BROWN of Ohio, Mr. CARDIN, and Ms. tion as a wrecked vessel under section 12112 ‘‘(b) WAIVER FOR OIL AND GASOLINE TANK- of this title.’’ and inserting ‘‘Coast Guard.’’. MIKULSKI) submitted an amendment in- ERS.—The requirements of subsection (a) (2) LIQUIFIED GAS TANKERS.—Section 12120 tended to be proposed by him to the shall not apply to an oil or gasoline tanker of title 46, United States Code, is amended by bill S. 2204, to eliminate unnecessary vessel and a coastwise endorsement may be striking ‘‘United States,’’ and all that fol- tax subsidies and promote renewable issued for any such tanker vessel that other- lows and inserting ‘‘United States.’’. wise qualifies under the laws of the United energy and energy conservation; which (3) SMALL PASSENGER VESSELS.—Section States to engage in the coastwise trade.’’. was ordered to lie on the table; as fol- 12121(b) of title 46, United States Code, is (b) REGULATIONS.—Not later than 90 days lows: amended by striking ‘‘12112,’’. after the date of the enactment of this Act, On page 22, strike lines 4 and 5 and insert (4) LOSS OF COASTWISE TRADE PRIVILEGES.— the Commandant of the United States Coast Section 12132 of title 46, United States Code, the following: Guard shall issue regulations to implement is repealed. TITLE III—MISCELLANEOUS the amendments made by subsection (a). (5) TABLE OF SECTIONS.—The table of sec- SEC. 301. ENERGY MARKETS. Such regulations shall require that an oil or tions for chapter 121 of title 46, United (a) FINDINGS.—Congress finds that— gasoline tanker vessel permitted to engaged States Code, is amended by striking the item (1) the Commodity Futures Trading Com- in the coastwise trade pursuant to sub- relating to section 12132. mission was created as an independent agen- section (b) of section 12112 of title 46, United cy, in 1974, with a mandate— States Code, as amended by subsection (a), SA 1950. Mr. MCCAIN submitted an (A) to enforce and administer the Com- meets all appropriate safety and security re- amendment intended to be proposed by modity Exchange Act (7 U.S.C. 1 et seq.); quirements. him to the bill S. 2204, to eliminate un- (B) to ensure market integrity; (C) to protect market users from fraud and Mr. MCCAIN submitted an necessary tax subsidies and promote SA 1948. abusive trading practices; and amendment intended to be proposed by renewable energy and energy conserva- tion; which was ordered to lie on the (D) to prevent and prosecute manipulation him to the bill S. 2204, to eliminate un- of the price of any commodity in interstate necessary tax subsidies and promote table; as follows: commerce; renewable energy and energy conserva- At the end, add the following: (2) Congress has given the Commodity Fu- tion; which was ordered to lie on the TITLE IV—WAIVER OF JONES ACT tures Trading Commission authority under table; as follows: REQUIREMENTS the Commodity Exchange Act (7 U.S.C. 1 et seq.) to take necessary actions to address At the end, add the following: SEC. 401. WAIVER OF JONES ACT REQUIRE- MENTS. market emergencies; TITLE IV—WAIVER OF JONES ACT RE- (a) IN GENERAL.—The Commandant of the (3) the Commodity Futures Trading Com- QUIREMENTS FOR OIL AND GASOLINE United States Coast Guard may issue a mission may use the emergency authority of TANKERS coastwise endorsement to a vessel that does the Commission with respect to any major SEC. 401. WAIVER OF JONES ACT REQUIREMENTS not meet the requirements of section 12112(a) market disturbance that prevents the mar- FOR OIL AND GASOLINE TANKERS. of title 46, United States Code. ket from accurately reflecting the forces of (a) IN GENERAL.—The Commandant of the (b) PERIOD.—A coastwise endorsement supply and demand for a commodity; United States Coast Guard may issue a issued under subsection (a) shall expire no (4) Congress declared in section 4a of the coastwise endorsement to a oil or gasoline later than the date that is 6 months after the Commodity Exchange Act (7 U.S.C. 6a) that taker vessel that does not meet the require- date of the enactment of this Act. excessive speculation imposes an undue and ments of section 12112(a) of title 46, United (c) REGULATIONS.—The Commandant shall unnecessary burden on interstate commerce; States Code. ensure that a vessel issued a coastwise en- (5) according to an article published in (b) PERIOD.—A coastwise endorsement dorsement under subsection (a) meets all ap- Forbes on February 27, 2012, excessive oil issued under subsection (a) shall expire no propriate safety and security requirements. speculation ‘‘translates out into a premium

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4078 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012 for gasoline at the pump of $.56 a gallon’’ PRIVILEGE OF THE FLOOR To be major general based on a recent report from Goldman Brig. Gen. Mark A. Ediger Sachs; Mr. BAUCUS. Mr. President, I ask The following named officer for appoint- (6) on March 9, 2012— unanimous consent that the following ment in the United States Air Force to the (A) the supply of crude oil and gasoline was staff of the Finance Committee be al- grade indicated while assigned to a position higher than the supply was on March 6, 2009, lowed on the Senate floor for the dura- of importance and responsibility under title when the national average price for a gallon tion of today’s session and the debate 10, U.S.C., section 601: of regular unleaded gasoline was just $1.94; on S. 2204: Juan Machado, David Sklar, To be general and Harun Dogo, and Avital Barnea. (B) demand for gasoline in the United The ACTING PRESIDENT pro tem- Lt. Gen. Janet C. Wolfenbarger States was lower than demand was on June The following Air National Guard of the 20, 1997; pore. Without objection, it is so or- dered. United States officers for appointment in the (7) on March 12, 2012, the national average Reserve of the Air Force to the grade indi- price of regular unleaded gasoline was over f cated under title 10, U.S.C., sections 12203 $3.82 a gallon, the highest price ever recorded and 12212: in the United States during the month of MEASURE READ THE FIRST To be brigadier general March; TIME—S. 2237 (8) during the last quarter of 2011, accord- Mr. DURBIN. Madam President, I un- Colonel Ondra L. Berry Colonel Allen D. Bolton ing to the International Energy Agency— derstand that S. 2237, introduced ear- (A) the world oil supply rose by 1,300,000 Colonel William D. Cobetto lier today by Senator REID of Nevada, barrels per day while demand only increased Colonel Wade A. Lillegard by 700,000 barrels per day; but is at the desk, and I ask for its first Colonel Thad L. Myers (B) the price of Texas light sweet crude reading. The following Air National Guard of the rose by over 12 percent; The PRESIDING OFFICER. The United States officers for appointment in the (9) on November 3, 2011, Gary Gensler, the clerk will report the bill by title. Reserve of the Air Force to the grade indi- Chairman of the Commodity Futures Trad- The legislative clerk read as follows: cated under title 10, U.S.C., sections 12203 ing Commission testified before the Senate A bill (S. 2237) to provide a temporary in- and 12212: Permanent Subcommittee on Investigations come tax credit for increased payroll and ex- To be major general that ‘‘80 to 87 percent of the [oil futures] tend bonus depreciation for an additional Brigadier General Steven A. Cray market’’ is dominated by ‘‘financial partici- year, and for other purposes. Brigadier General William J. Crisler, Jr. pants, swap dealers, hedge funds, and other Brigadier General Jon F. Fago financials,’’ a figure that has more than dou- Mr. DURBIN. Madam President, I ask Brigadier General Michael A. Loh bled over the past decade; for its second reading and object to my Brigadier General Eric W. Vollmecke (10) excessive oil and gasoline speculation own request. is creating major market disturbances that The PRESIDING OFFICER. Objec- The following named officers for appoint- prevent the market from accurately reflect- tion is heard. The bill will be read for ment in the United States Air Force to the ing the forces of supply and demand; and grade indicated under title 10, U.S.C., section the second time on the next legislative 624: (11) the Commodity Futures Trading Com- day. mission has a responsibility — To be major general (A) to ensure that the price discovery for f Brigadier General David W. Allvin oil and gasoline accurately reflects the fun- EXECUTIVE SESSION Brigadier General Howard B. Baker damentals of supply and demand; and Brigadier General Thomas W. Bergeson (B) to take immediate action to implement Brigadier General Charles Q. Brown, Jr. strong and meaningful position limits to reg- EXECUTIVE CALENDAR Brigadier General Darryl W. Burke ulated exchange markets to eliminate exces- Brigadier General Richard M. Clark sive oil speculation. Mr. DURBIN. Madam President, I ask Brigadier General Dwyer L. Dennis (b) ACTIONS.—Not later than 14 days after unanimous consent that the Senate Brigadier General Mark C. Dillon the date of enactment of this Act, the Com- proceed to executive session to con- Brigadier General Carlton D. Everhart, II modity Futures Trading Commission shall sider the following nominations: Cal- Brigadier General Samuel A. R. Greaves use the authority of the Commission (includ- endar Nos. 615, 616, 617, 618, 619, 620, 621, Brigadier General Morris E. Haase ing emergency powers)— Brigadier General Garrett Harencak (1) to curb immediately the role of exces- 622, 623, 625, 626, 627, and 628, and all nominations placed on the Secretary’s Brigadier General Paul T. Johnson sive speculation in any contract market Brigadier General Randy A. Kee within the jurisdiction and control of the desk in the Air Force, Army, Marine Brigadier General Jim H. Keffer Commission, on or through which energy fu- Corps, and Navy; that the nominations Brigadier General Michael J. Kingsley tures or swaps are traded; and be confirmed en bloc; that the motions Brigadier General Jeffrey G. Lofgren (2) to eliminate excessive speculation, to reconsider be considered made and Brigadier General James K. McLaughlin price distortion, sudden or unreasonable laid upon the table, with no inter- Brigadier General Kurt F. Neubauer fluctuations, or unwarranted changes in vening action or debate; that no fur- Brigadier General John F. Newell, III prices, or other unlawful activity that is Brigadier General Craig S. Olson causing major market disturbances that pre- ther motions be in order to any of the nominations; that any related state- Brigadier General John N. T. Shanahan vent the market from accurately reflecting Brigadier General Michael S. Stough the forces of supply and demand for energy ments be printed in the RECORD; that Brigadier General Scott D. West commodities. the President be immediately notified Brigadier General Kenneth S. Wilsbach TITLE IV—BUDGETARY EFFECTS of the Senate’s action and the Senate The following Air National Guard of the SEC. 401. DEFICIT REDUCTION. resume legislative session. United States officers for appointment in the The PRESIDING OFFICER. Without Reserve of the Air Force to the grade indi- f objection, it is so ordered. cated under title 10, U.S.C., sections 12203 and 12212: NOTICE OF HEARING The nominations considered and con- firmed are as follows: To be brigadier general JOINT CONGRESSIONAL COMMITTEE ON IN THE AIR FORCE Colonel Steven M. Balser INAUGURAL CEREMONIES The following Air National Guard of the Colonel Mark H. Berry Mr. SCHUMER. Mr. President, I wish United States officer for appointment in the Colonel Walter A. Bryan, Jr. to announce that the Joint Congres- Reserve of the Air Force to the grade indi- Colonel Gregory S. Champagne sional Committee on Inaugural Cere- cated under title 10, U.S.C., sections 12203 Colonel Sean T. Collins monies will meet on Wednesday, March and 12212: Colonel John L. D’Errico Colonel Dawne L. Deskins 28, 2012, at 10:30 a.m., to conduct its or- To be brigadier general ganization meeting. Colonel Scott A. Dold Col. Peter R. Masciola Colonel Gary L. Ebben For further information regarding The following named officer for appoint- Colonel Kenneth L. Gammon this meeting, please contact Lynden ment in the United States Air Force to the Colonel Bruce R. Guerdan Armstrong at the Rules and Adminis- grade indicated under title 10, U.S.C., section Colonel Leonard W. Isabelle, Jr. tration Committee on (202) 224–6352. 624: Colonel Clifford W. Latta, Jr.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 4079 Colonel Paul C. Maas, Jr. TOR G. SOTO, which nominations were re- APPOINTMENT Colonel Edward P. Maxwell ceived by the Senate and appeared in the The PRESIDING OFFICER. The Colonel David M. McMinn Congressional Record of February 29, 2012. Colonel Thomas C. Patton PN1444 AIR FORCE nominations (3) begin- Chair, on behalf of the President pro Colonel Braden K. Sakai ning KERRY L. LEWIS, and ending LYNN M. tempore, upon the recommendation of Colonel Janet I. Sessums MILLER, which nominations were received the majority leader, pursuant to Public Colonel Peter J. Siana by the Senate and appeared in the Congres- Law 105–292, as amended by Public Law Colonel Jeffrey M. Silver sional Record of March 12, 2012. 106–55, and as further amended by Pub- Colonel James K. Vogel IN THE ARMY lic Law 107–228, and 112–75, appoints the Colonel Sallie K. Worcester PN1166 ARMY nomination of Richard M. following individual to the United The following named officer for appoint- Scott, which was received by the Senate and States Commission on International ment to the grade of lieutenant general in appeared in the Congressional Record of De- Religious Freedom: the United States Air Force while assigned cember 1, 2011. Katrina Lantos Swett of New Hampshire, to a position of importance and responsi- PN1364 ARMY nominations (53) beginning vice Dr. Don H. Argue. bility under title 10, U.S.C., section 601: KEITH J. ANDREWS, and ending DOUGLAS To be lieutenant general W. WEAVER, which nominations were re- f Lt. Gen. Clyde D. Moore, II ceived by the Senate and appeared in the ORDERS FOR TUESDAY, MARCH 27, Congressional Record of February 6, 2012. The following Air National Guard of the 2012 PN1396 ARMY nominations (2) beginning United States officer for appointment in the DWIGHT Y. SHEN, and ending CAROL J. Mr. DURBIN. Madam President, I ask Reserve of the Air Force to the grade indi- PIERCE, which nominations were received unanimous consent that when the Sen- cated under title 10, U.S.C., sections 12203 by the Senate and appeared in the Congres- and 12212: ate completes its business today, it ad- sional Record of February 16, 2012. journ until Tuesday, March 27, at 10 To be brigadier general PN1417 ARMY nomination of Shane T. a.m.; that following the prayer and Col. Douglas D. Delozier Taylor, which was received by the Senate pledge, the Journal of proceedings be IN THE ARMY and appeared in the Congressional Record of February 29, 2012. approved to date, the morning hour be The following named officer for appoint- deemed expired, the time for the two ment in the United States Army to the grade PN1418 ARMY nominations (3) beginning indicated under title 10, U.S.C., section 624: PATRICIA A. LOVELESS, and ending JE- leaders be reserved for their use later ROME M. BENAVIDES, which nominations in the day; that following any leader To be major general were received by the Senate and appeared in remarks, the Senate be in a period of Brig. Gen. Michael X. Garrett the Congressional Record of February 29, morning business for 1 hour, with Sen- The following named officers for appoint- 2012. ators permitted to speak therein for up ment in the United States Army to the grade PN1419 ARMY nomination of Robert S. indicated under title 10, U.S.C., section 624: Taylor, which was received by the Senate to 10 minutes each, with the time To be major general and appeared in the Congressional Record of equally divided and controlled between the two leaders or their designees, with Brigadier General Robert P. Ashley, Jr. February 29, 2012. Brigadier General Jeffrey L. Bailey PN1420 ARMY nomination of Casey D. the Republicans controlling the first Brigadier General Jeffrey N. Colt Shuff, which was received by the Senate and half and the majority controlling the Brigadier General Kenneth R. Dahl appeared in the Congressional Record of Feb- final half; that following morning busi- Brigadier General Gordon B. Davis, Jr. ruary 29, 2012. ness, the Senate resume consideration PN1445 ARMY nominations (3) beginning Brigadier General Joseph P. DiSalvo JOHN B. HILL, and ending STEPHEN M. of the motion to proceed to Calendar Brigadier General Robert M. Dyess, Jr. RADULSKI, which nominations were re- No. 337, S. 2204, the Repeal Big Oil Tax Brigadier General Karen E. Dyson ceived by the Senate and appeared in the Subsidies Act postcloture; and that all Brigadier General Paul E. Funk, II Congressional Record of March 12, 2012. time during adjournment, recess, and Brigadier General Harold J. Greene Brigadier General William C. Hix IN THE MARINE CORPS morning business count postcloture on Brigadier General Stephen R. Lyons PN1282 MARINE CORPS nomination of the motion to proceed to S. 2204; and fi- Brigadier General Herbert R. McMaster, Jr. William J. Wrightington, which was received nally that at 12:30 p.m. the Senate re- Brigadier General John M. Murray by the Senate and appeared in the Congres- cess subject to the call of the Chair to Brigadier General Richard P. Mustion sional Record of January 31, 2012. accommodate the weekly caucus meet- Brigadier General Michael K. Nagata PN1288 MARINE CORPS nomination of ings and the official photograph of the Brigadier General Bryan R. Owens Mark A. Mitchell, which was received by the 112th Congress. Brigadier General James F. Pasquarette Senate and appeared in the Congressional The PRESIDING OFFICER. Without Record of January 31, 2012. Brigadier General Lawarren V. Patterson objection, it is so ordered. Brigadier General Aundre F. Piggee PN1295 MARINE CORPS nominations (2) Brigadier General Ross E. Ridge beginning ROBERT F. EMMINGER, and end- f Brigadier General John G. Rossi ing MICHAEL G. MARCHAND, which nomi- PROGRAM Brigadier General Thomas C. Seamands nations were received by the Senate and ap- Brigadier General Michael H. Shields peared in the Congressional Record of Janu- Mr. DURBIN. Madam President, we Brigadier General Leslie C. Smith ary 31, 2012. hope to begin consideration of the Re- Brigadier General John Uberti PN1333 MARINE CORPS nominations (73) peal Big Oil Tax Subsidies Act during Brigadier General Bryan G. Watson beginning PAUL H. ATTERBURY, and end- Tuesday’s session. ing DONALD A. ZIOLKOWSKI, which nomi- Brigadier General Darrell K. Williams f The following named officer for appoint- nations were received by the Senate and ap- ment in the Reserve of the Army to the peared in the Congressional Record of Feb- ADJOURNMENT UNTIL 10 A.M. grade indicated under title 10, U.S.C., section ruary 1, 2012. TOMORROW 12203: IN THE NAVY Mr. DURBIN. If there is no further To be major general PN1422 NAVY nominations (3) beginning business to come before the Senate, I JAY R. FRIEDMAN, and ending DONNA Brig. Gen. Craig A. Bugno RAJA, which nominations were received by ask unanimous consent that it stand The following named officer for appoint- the Senate and appeared in the Congres- adjourned under the previous order. ment in the United States Army to the grade sional Record of February 29, 2012. There being no objection, the Senate, indicated while assigned to a position of im- PN1423 NAVY nomination of Steven J. Por- at 6:44 p.m., adjourned until Tuesday, portance and responsibility under title 10, ter, which was received by the Senate and March 27, 2012, at 10 a.m. U.S.C., section 601: appeared in the Congressional Record of Feb- f To be lieutenant general ruary 29, 2012. Maj. Gen. David D. Halverson f CONFIRMATIONS NOMINATIONS PLACED ON THE SECRETARY’S Executive nominations confirmed by LEGISLATIVE SESSION DESK the Senate March 26, 2012: IN THE AIR FORCE The PRESIDING OFFICER. The Sen- IN THE AIR FORCE ate will now return to legislative ses- PN1415 AIR FORCE nominations (2) begin- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ning MATTHEW R. GEE, and ending VIC- sion. STATES OFFICER FOR APPOINTMENT IN THE RESERVE

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 9801 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4080 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 26, 2012

OF THE AIR FORCE TO THE GRADE INDICATED UNDER COLONEL MARK H. BERRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COLONEL WALTER A. BRYAN, JR. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- To be brigadier general COLONEL GREGORY S. CHAMPAGNE CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL SEAN T. COLLINS COL. PETER R. MASCIOLA COLONEL JOHN L. D’ERRICO To be major general COLONEL DAWNE L. DESKINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL SCOTT A. DOLD BRIG. GEN. CRAIG A. BUGNO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL GARY L. EBBEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL KENNETH L. GAMMON IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be major general COLONEL BRUCE R. GUERDAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL LEONARD W. ISABELLE, JR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIG. GEN. MARK A. EDIGER COLONEL CLIFFORD W. LATTA, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL PAUL C. MAAS, JR. To be lieutenant general IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL EDWARD P. MAXWELL MAJ. GEN. DAVID D. HALVERSON CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL DAVID M. MCMINN AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL THOMAS C. PATTON IN THE AIR FORCE 601: COLONEL BRADEN K. SAKAI To be general COLONEL JANET I. SESSUMS AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW COLONEL PETER J. SIANA R. GEE AND ENDING WITH VICTOR G. SOTO, WHICH NOMI- LT. GEN. JANET C. WOLFENBARGER COLONEL JEFFREY M. SILVER NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COLONEL JAMES K. VOGEL PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COLONEL SALLIE K. WORCESTER 29, 2012. OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH KERRY L. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TO THE GRADE OF LIEUTENANT GENERAL IN THE LEWIS AND ENDING WITH LYNN M. MILLER, WHICH NOMI- UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- NATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general TION OF IMPORTANCE AND RESPONSIBILITY UNDER PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, 2012. COLONEL ONDRA L. BERRY TITLE 10, U.S.C., SECTION 601: COLONEL ALLEN D. BOLTON IN THE ARMY COLONEL WILLIAM D. COBETTO To be lieutenant general COLONEL WADE A. LILLEGARD LT. GEN. CLYDE D. MOORE II ARMY NOMINATION OF RICHARD M. SCOTT, TO BE LIEU- COLONEL THAD L. MYERS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TENANT COLONEL. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RESERVE ARMY NOMINATIONS BEGINNING WITH KEITH J. AN- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER DREWS AND ENDING WITH DOUGLAS W. WEAVER, WHICH OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY To be brigadier general 6, 2012. To be major general ARMY NOMINATIONS BEGINNING WITH DWIGHT Y. SHEN COL. DOUGLAS D. DELOZIER BRIGADIER GENERAL STEVEN A. CRAY AND ENDING WITH CAROL J. PIERCE, WHICH NOMINA- BRIGADIER GENERAL WILLIAM J. CRISLER, JR. IN THE ARMY TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIGADIER GENERAL JON F. FAGO IN THE CONGRESSIONAL RECORD ON FEBRUARY 16, 2012. BRIGADIER GENERAL MICHAEL A. LOH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF SHANE T. TAYLOR, TO BE BRIGADIER GENERAL ERIC W. VOLLMECKE IN THE UNITED STATES ARMY TO THE GRADE INDICATED MAJOR. ARMY NOMINATIONS BEGINNING WITH PATRICIA A. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: LOVELESS AND ENDING WITH JEROME M. BENAVIDES, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be major general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CATED UNDER TITLE 10, U.S.C., SECTION 624: AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. MICHAEL X. GARRETT To be major general FEBRUARY 29, 2012. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATION OF ROBERT S. TAYLOR, TO BE BRIGADIER GENERAL DAVID W. ALLVIN IN THE UNITED STATES ARMY TO THE GRADE INDICATED MAJOR. BRIGADIER GENERAL HOWARD B. BAKER UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATION OF CASEY D. SHUFF, TO BE MAJOR. BRIGADIER GENERAL THOMAS W. BERGESON To be major general ARMY NOMINATIONS BEGINNING WITH JOHN B. HILL BRIGADIER GENERAL CHARLES Q. BROWN, JR. AND ENDING WITH STEPHEN M. RADULSKI, WHICH NOMI- BRIGADIER GENERAL DARRYL W. BURKE BRIGADIER GENERAL ROBERT P. ASHLEY, JR. NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL RICHARD M. CLARK BRIGADIER GENERAL JEFFREY L. BAILEY PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, BRIGADIER GENERAL DWYER L. DENNIS BRIGADIER GENERAL JEFFREY N. COLT 2012. BRIGADIER GENERAL MARK C. DILLON BRIGADIER GENERAL KENNETH R. DAHL BRIGADIER GENERAL CARLTON D. EVERHART II BRIGADIER GENERAL GORDON B. DAVIS, JR. IN THE MARINE CORPS BRIGADIER GENERAL SAMUEL A. R. GREAVES BRIGADIER GENERAL JOSEPH P. DISALVO BRIGADIER GENERAL MORRIS E. HAASE MARINE CORPS NOMINATION OF WILLIAM J. BRIGADIER GENERAL ROBERT M. DYESS, JR. BRIGADIER GENERAL GARRETT HARENCAK WRIGHTINGTON, TO BE MAJOR. BRIGADIER GENERAL KAREN E. DYSON BRIGADIER GENERAL PAUL T. JOHNSON MARINE CORPS NOMINATION OF MARK A. MITCHELL, BRIGADIER GENERAL PAUL E. FUNK II BRIGADIER GENERAL RANDY A. KEE TO BE LIEUTENANT COLONEL. BRIGADIER GENERAL HAROLD J. GREENE BRIGADIER GENERAL JIM H. KEFFER MARINE CORPS NOMINATIONS BEGINNING WITH ROB- BRIGADIER GENERAL WILLIAM C. HIX BRIGADIER GENERAL MICHAEL J. KINGSLEY ERT F. EMMINGER AND ENDING WITH MICHAEL G. BRIGADIER GENERAL STEPHEN R. LYONS BRIGADIER GENERAL JEFFREY G. LOFGREN MARCHAND, WHICH NOMINATIONS WERE RECEIVED BY BRIGADIER GENERAL HERBERT R. MCMASTER, JR. BRIGADIER GENERAL JAMES K. MCLAUGHLIN THE SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL JOHN M. MURRAY BRIGADIER GENERAL KURT F. NEUBAUER RECORD ON JANUARY 31, 2012. BRIGADIER GENERAL RICHARD P. MUSTION BRIGADIER GENERAL JOHN F. NEWELL III MARINE CORPS NOMINATIONS BEGINNING WITH PAUL BRIGADIER GENERAL MICHAEL K. NAGATA BRIGADIER GENERAL CRAIG S. OLSON H. ATTERBURY AND ENDING WITH DONALD A. BRIGADIER GENERAL BRYAN R. OWENS BRIGADIER GENERAL JOHN N. T. SHANAHAN ZIOLKOWSKI, WHICH NOMINATIONS WERE RECEIVED BY BRIGADIER GENERAL JAMES F. PASQUARETTE BRIGADIER GENERAL MICHAEL S. STOUGH THE SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL LAWARREN V. PATTERSON BRIGADIER GENERAL SCOTT D. WEST RECORD ON FEBRUARY 1, 2012. BRIGADIER GENERAL AUNDRE F. PIGGEE BRIGADIER GENERAL KENNETH S. WILSBACH BRIGADIER GENERAL ROSS E. RIDGE IN THE NAVY THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BRIGADIER GENERAL JOHN G. ROSSI STATES OFFICERS FOR APPOINTMENT IN THE RESERVE BRIGADIER GENERAL THOMAS C. SEAMANDS NAVY NOMINATIONS BEGINNING WITH JAY R. FRIED- OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIGADIER GENERAL MICHAEL H. SHIELDS MAN AND ENDING WITH DONNA RAJA, WHICH NOMINA- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIGADIER GENERAL LESLIE C. SMITH TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be brigadier general BRIGADIER GENERAL JOHN UBERTI IN THE CONGRESSIONAL RECORD ON FEBRUARY 29, 2012. BRIGADIER GENERAL BRYAN G. WATSON NAVY NOMINATION OF STEVEN J. PORTER, TO BE LIEU- COLONEL STEVEN M. BALSER BRIGADIER GENERAL DARRELL K. WILLIAMS TENANT COMMANDER.

VerDate Sep 11 2014 12:35 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 9801 E:\BR12\S26MR2.000 S26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4081 HOUSE OF REPRESENTATIVES—Monday, March 26, 2012

The House met at noon and was only an ethnic product and made it a sized bagel on the Tonight Show to Johnny called to order by the Speaker pro tem- national staple available to all. Carson, or on Capitol Hill presenting Tip pore (Mr. DENHAM). In more recent years, Murray di- O’Neill with a giant green bagel on St. Pat- f rected his focus toward philanthropic rick’s Day. Whether in animated form, or live, work. His energy and creative thinking lying on the bread shelf in the supermarket, DESIGNATION OF SPEAKER PRO had a major impact on anything he un- there wasn’t much that Murray wouldn’t do to TEMPORE dertook, particularly in his hometown sell his product. Lender’s Bagels was sold to The SPEAKER pro tempore laid be- of New Haven. Kraft food in 1985, but Murray remained with fore the House the following commu- Active in both the local Jewish com- the company to continue his work as spokes- nication from the Speaker: munity as well as his alma mater, man. Murray was forever passionate about the WASHINGTON, DC, Quinnipiac University, Murray’s influ- March 26, 2012. ence can be seen throughout the city, concept of frozen foods and became involved I hereby appoint the Honorable JEFF which has recognized him with a school in all associations directed at strengthening its DENHAM to act as Speaker pro tempore on playground in his name, the ADL image. He was Chairman of the National Fro- this day. Torch of Liberty Award, and an hon- zen Food Association (NFFA), as well as the JOHN A. BOEHNER, orary doctor of humane letters from chairman of the 50th Anniversary of Frozen Speaker of the House of Representatives. Quinnipiac University, to name a few. Foods, a national promotion staged in 1980. f Murray Lender was an extraordinary He pioneered and co-chaired the first National human being, and I consider myself for- Frozen Food Month in March of 1984, an in- MORNING-HOUR DEBATE tunate to have called him my friend. dustry wide month of promotional retail and The SPEAKER pro tempore. Pursu- He leaves such a legacy that we cele- foodservice activity among frozen food manu- ant to the order of the House of Janu- brate even as we mourn his passing. facturers. Murray would never go a day ary 17, 2012, the Chair will now recog- I extend my deepest sympathies to dressed without a penguin—the frozen food nize Members from lists submitted by his wife, Gillie; his children, daughter marketing symbol—whether it be a tie, a pin, the majority and minority leaders for Haris and her husband, Evan, and sons, socks or a hat. He was recognized by this in- morning-hour debate. Carl and Jay; his grandchildren Olivia, dustry with numerous awards throughout his The Chair will alternate recognition Adam, Jessie, Raquel, Sheva, Julian, lifetime. between the parties, with each party Diego, and Claudia; as well as his In more recent years, Murray directed his limited to 1 hour and each Member brother Marvin and his wife, Helaine. focus toward philanthropic work. His energy other than the majority and minority We can see the unfailing smile in the and creative thinking had a major impact on leaders and the minority whip limited face of adversity and all his work that anything he undertook, particularly in his hometown of New Haven. Active in both the to 5 minutes each, but in no event shall carries on. Murray Lender lit up the local Jewish community, as well as his Alma debate continue beyond 1:50 p.m. world. We will miss him. Mater, Quinnipiac University, Murray’s influ- Mr. Speaker: It is with the heaviest of hearts f ence can be seen throughout the city, which that I rise today to pay tribute to the life and MURRAY LENDER has recognized him with a school playground legacy of one of our community’s most out- in his name, the ADL Torch of Liberty Award, The SPEAKER pro tempore. The standing entrepreneurs and my dear friend, and an honorary Doctor of Humane Letters Chair recognizes the gentlewoman from Murray Lender, who we lost on March 21st at from Quinnipiac University, to name a few. Connecticut (Ms. DELAURO) for 5 min- the age of eighty-one. A bagel baker, food ex- Murray Lender was an extraordinary human utes. ecutive and philanthropist, who helped bring being and I consider myself fortunate to have Ms. DELAURO. Mr. Speaker, it’s with the bagel to kitchens across the nation, Mur- called him my friend. He leaves such a legacy the heaviest of hearts that I rise today ray was a close friend and I was deeply sad- that we celebrate, even as we mourn his to pay tribute to the life and legacy of dened to learn of his passing. Murray never passing. I extend my deepest sympathies to one of our community’s most out- forgot his roots and humble beginnings in New his wife, Gillie; his children, daughter Haris standing entrepreneurs and my dear Haven while he worked to foster good will and and her husband, Evan, and sons Carl and friend, Murray Lender, whom we lost humanitarianism. He was a special person Jay, grandchildren Olivia, Adam, Jessie, on March 21, at the age of 81. and leader, part of a special family that takes Raquel, Sheva, Julian, Diego, and Claudia, as Murray Lender was a bagel baker, care of each other, bringing jobs to networks well as his brother Marvin and his wife food executive, and philanthropist who of friends and serving the larger community. Helaine. We can see the unfailing smile in the helped bring the bagel to kitchens Along with his two brothers, Marvin and face of adversity and all his work that carries across the Nation. Sam, Murray turned the dream of ‘‘bagelizing’’ on. He lit up the world. We will miss him. Murray was a close friend, and I was America into a reality through the process of f deeply saddened to learn of his passing. freezing the bagel, which the family pioneered Murray, the son of immigrant par- in the early 1960s. Murray, who began count- TWO YEARS LATER, HEALTH CARE ents, never forgot his roots and humble ing bagels in the family’s backyard bakery be- LAW’S BROKEN PROMISES CON- beginnings in New Haven while he fore he was eleven, became a food marketing TINUE worked to foster goodwill and humani- innovator. He took what was formerly only an The SPEAKER pro tempore. The tarianism. He was a special person and ethnic product and made it a national staple, Chair recognizes the gentleman from leader, part of a special family that available to all. In 1963, Lender’s introduced a Pennsylvania (Mr. THOMPSON) for 5 takes care of each other, bringing jobs branded retail pack of frozen bagels. Murray minutes. to networks and friends and serving saw frozen foods, which was a new category Mr. THOMPSON of Pennsylvania. the larger community. of products, as an opportunity for greater dis- Mr. Speaker, today the Supreme Court From counting bagels in the family’s tribution and expanding the market to new will begin hearing oral arguments on backyard bakery before he was 11, Mur- users. the constitutionality of the President’s ray rose to become a food marketing Free publicity was also a key to their suc- health care overhaul, the so-called Af- innovator who took what was formerly cess. Murray could be seen presenting a life- fordable Care Act of 2010.

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.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4082 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 While the Court is still months away While many of us agree there are por- Send Your spirit of wisdom to the Jus- from this decision, in many ways the tions of the law that are beneficial, tices of the Supreme Court, as well as verdict has already been cast by count- such as the ability of adult dependent the Members who serve in this people’s less American families and small busi- children up to age 26 to stay on their House, that the rulings and bills that nesses negatively impacted by the law. parents’ insurance, the elimination of lead forward might prove to be bene- In 2007, then-Speaker NANCY PELOSI excluding those with preexisting condi- ficial to our Nation and its people. suggested: ‘‘We have to pass the bill so tions from the plan and the expansion And may all that is done this day be you can find out what’s in it.’’ of low-cost clinics into underserved for Your greater honor and glory. Two years since passage, American areas, the approach of the Affordable Amen. families have found out the hard way Care Act is fundamentally flawed. The f with increased taxes, looming regula- law places Uncle Sam between doctors tions, and a slew of broken promises and patients when it should be the THE JOURNAL from fictitious cost controls to limita- American people, not Washington bu- The SPEAKER pro tempore. The tions on consumer choice. reaucrats, determining the kind of Chair has examined the Journal of the Most recently, the nonpartisan Con- health care coverage that best suits last day’s proceedings and announces gressional Budget Office served a dev- their needs. to the House his approval thereof. astating blow to President Obama’s Over the past 2 years, as the regula- Pursuant to clause 1, rule I, the Jour- most frequently used tagline: ‘‘If you tions have rolled out and the American nal stands approved. like your present coverage, you can people continue to learn what really is Mr. SABLAN. Mr. Speaker, pursuant keep it.’’ in the law, the broken promises have to clause 1, rule I, I demand a vote on The CBO report suggested there will continued to pile up, weighing on the agreeing to the Speaker’s approval of be a net loss of employer-based insur- the Journal. ance coverage between 3 and 5 million backs of small businesses and families. The SPEAKER pro tempore. The people per year from 2019 to 2022. This That’s why we must repeal the law and question is on the Speaker’s approval has the potential for 20 million Ameri- toss out the negatives; move forward of the Journal. cans to lose their insurance coverage with reforms that actually lower costs over just a 4-year span. without sacrificing quality and liberty. The question was taken; and the On the first anniversary of the Af- This week, just blocks away from Speaker pro tempore announced that fordable Care Act, I joined the U.S. this Chamber, the Supreme Court will the ayes appeared to have it. House Energy and Commerce Com- hear arguments on the constitu- Mr. SABLAN. Mr. Speaker, I object mittee for a congressional field hearing tionality of this law. While the Court’s to the vote on the ground that a in Harrisburg, Pennsylvania, in order decision is months away, the verdict quorum is not present and make the to review the law’s impact throughout has already been cast by the countless point of order that a quorum is not the Commonwealth of Pennsylvania. American families and small busi- present. During the hearing, Pennsylvania’s nesses in congressional districts across The SPEAKER pro tempore. Pursu- acting insurance commissioner, Mi- this great country that simply cannot ant to clause 8, rule XX, further pro- chael Consedine, testified that new afford the so-called Affordable Care ceedings on this question will be post- mandates on insurance coverage had Act. poned. resulted in premium increases of up to f The point of no quorum is considered 9 percent. withdrawn. RECESS These figures mirror the national f trend as outlined in a recent study by The SPEAKER pro tempore. Pursu- PLEDGE OF ALLEGIANCE the Kaiser Family Foundation. The ant to clause 12(a) of rule I, the Chair Kaiser report shows that the average declares the House in recess until 2 The SPEAKER pro tempore. Will the annual premium for family coverage p.m. today. gentleman from the Northern Mariana through an employer reached $15,073 in Accordingly (at 12 o’clock and 8 min- Islands (Mr. SABLAN) come forward and 2011, an increase of 9 percent over the utes p.m.), the House stood in recess. lead the House in the Pledge of Alle- giance. previous year. This is a far cry from f Barack Obama’s 2008 proposition that Mr. SABLAN led the Pledge of Alle- his law would cut family premiums by b 1400 giance as follows: $2,500 before the conclusion of his first AFTER RECESS I pledge allegiance to the Flag of the term in office. United States of America, and to the Repub- President Obama had also promised The recess having expired, the House lic for which it stands, one nation under God, that he will not sign a health care plan was called to order by the Speaker pro indivisible, with liberty and justice for all. that adds one dime toward deficits ei- tempore (Mr. STUTZMAN) at 2 p.m. f ther now or in the future. However, an f SUPREME COURT OBAMACARE honest accounting of the health care PRAYER law finds that it will increase the def- (Mr. PITTS asked and was given per- icit by hundreds of billions of dollars in The Chaplain, the Reverend Patrick mission to address the House for 1 the first 10 years alone. J. Conroy, offered the following prayer: minute and to revise and extend his re- Former Congressional Budget Office Dear Lord, we give You thanks for marks.) Director Douglas Holtz-Eakin has tes- giving us another day. We use this mo- Mr. PITTS. Mr. Speaker, today, the tified the law will increase the deficit ment to be reminded of Your presence Supreme Court began its deliberations by at least $500 billion in its first 10 and to tap the resources needed by the on the Patient Protection and Afford- years and more than $1.5 trillion over men and women of this assembly to do able Care Act. Clearly, with 3 days of the decade thereafter. their work as well as it can be done. deliberations, this is the most impor- At a time of severe budgetary con- May they be led by Your spirit in the tant case the Court has considered in straints, there’s only one place to turn decisions they make. May they possess decades. in order to keep up with this spending: Your power as they steady themselves I had the pleasure of being able to at- the wallets of Americans, in the form amid the pressures of persistent prob- tend this morning’s deliberations con- of tax increases. lems. sidering whether the Court should rule Having spent almost 30 years in the The issues facing our Nation this immediately or wait until the pen- nonprofit health care field, I am acute- week are monumental to us, but a part alties are assessed a few years from ly aware of the challenges many face of the long history of political and pol- now. Tomorrow, they will consider the when it comes to obtaining reasonably icy debate that have created a great heart of the matter, whether the Con- priced health care. narrative of participative democracy. stitution allows the government to

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4083 compel individuals to purchase health liberal allies, in a liberal-controlled COMMENDING PRESIDENT insurance—the so-called ‘‘individual Congress, by deals and kickbacks. OBAMA’S COMMITMENT TO mandate.’’ Several weeks ago, the Congressional AMERICA’S AUTO INDUSTRY At this time, it is critical to remem- Budget Office released a report that (Mr. FALEOMAVAEGA asked and ber that the Supreme Court is not the ObamaCare will destroy almost 1 mil- was given permission to address the only body charged with protecting and lion jobs from our current workforce. House for 1 minute and to revise and defending the United States Constitu- According to a recent Gallup poll, 85 extend his remarks.) tion. This Congress, we’ve been work- percent of small business owners are Mr. FALEOMAVAEGA. Mr. Speaker, ing to restore rights to the American not hiring due to the government regu- 3 years ago, the American auto indus- people. We have passed legislation to lations and rising health care costs im- try was on the verge of collapse, and fully repeal this law, to eliminate posed by the Big Government mandate millions of American jobs were in jeop- many of its harmful provisions, and to restricting freedom. America’s largest ardy. defund irresponsible spending. association of small businesses, the Na- When President Obama decided to No matter how the Court rules, we tional Federation of Independent Busi- rescue the American auto industry, must continue the fight to restore our ness, estimates 1.6 million jobs will be many critics opposed him. But, today, constitutional liberties. eliminated. the auto industry is resurging thanks f House Republicans have voted to re- to the tough decisions our President peal ObamaCare 26 times. With a HONORING 40TH ANNIVERSARY OF made in times of economic crisis. record unemployment rate of over 8 MARIANAS VARIETY President Obama stood by the Amer- percent for the last 3 years, it is nec- ican business community and our auto (Mr. SABLAN asked and was given essary for the President and Congress industry. As a result of his firm com- permission to address the House for 1 to enact laws providing for job creation mitment and demonstration of leader- minute and to revise and extend his re- through private sector growth rather ship, jobs were saved. Some 1.4 million marks.) than supporting legislation that de- jobs were going to be lost up and down Mr. SABLAN. Mr. Speaker, 40 years stroys jobs. the supply chain of the auto industry if ago, on March 16, 1972, a young couple In conclusion, God bless our troops, President Obama had not taken action in the Northern Mariana Islands, Abed and we will never forget September the to provide for the needs of millions of E. Younis and Maria Paz Castro 11th in the global war on terrorism. American families at a time of such Younis, wrote, edited, printed, and dis- great economic insecurity in our Na- tributed the very first issue of the Mar- f tion. And now it’s paying off. The auto ianas Variety News & Views, now the industry has added more than 200,000 oldest local newspaper on our islands. CONGRATULATING JAMES jobs in the last 21⁄2 years. The Variety provides its readers with CAMERON Last but not least, General Motors extensive local news and views. It also Company is once again the world’s top carries reports of the region, the (Mr. COHEN asked and was given per- auto manufacturer. In 2011, profits United States, the world, as well as in- mission to address the House for 1 were $7.6 billion, its largest ever. teresting and in-depth feature stories minute.) Mr. Speaker, I commend President and a thought-provoking opinion sec- Mr. COHEN. Mr. Speaker, filmmaker Obama for the bold decisions he made tion. James Cameron is known for capti- to rescue our Nation’s auto industry, These days, the community served by vating us with his great films like ‘‘Av- and I thank him for standing with our the Variety has expanded beyond the atar,’’ ‘‘Aliens,’’ ‘‘The Abyss,’’ and ‘‘Ti- country’s workers and for leading our shores of the Northern Marianas. The tanic.’’ But yesterday, he really fas- Nation out of the most serious eco- paper is published and circulated lo- cinated and captivated the world. He nomic recession since the Great De- cally, regionally, nationally, inter- went down 36,000 feet under the sea to pression of 1929. nationally, and online. For its journal- the lowest, deepest part of the world in istic excellence, the Variety is the win- a ship that he designed over the last 7 f years privately—a 24-foot capsule— ner of numerous awards. MESSAGES FROM THE PRESIDENT The Variety is also a strong commu- that took him down to visit and learn nity partner, contributing to numerous about the deep recesses of the sea. Messages in writing from the Presi- nonprofit organizations, events and ac- Eighty percent of the world’s bio- dent of the United States were commu- tivities, and encouraging those inter- sphere is under the sea. We know less nicated to the House by Mr. Pate, one ested in the business and craft of jour- about that than we know about the of his secretaries. nalism and publishing. Moon’s surface. James Cameron, with f Please join me in congratulating the help of National Geographic and Abed and Paz Younis, their family, and Rolex as a sponsor, and his friend, Mr. b 1410 all of their past and current employees Allen, took that voyage and showed NOTIFICATION OF INTENTION TO and colleagues at the Marianas Variety what man can do when he has curiosity SUSPEND DESIGNATION OF AR- News & Views for the newspaper’s 40 and bravery. His activities that took a GENTINA AS BENEFICIARY DE- years of service to our community. 6-hour trip to the bottom of the sea re- VELOPING COUNTRY UNDER f mind me of Charles Lindbergh, an indi- GENERALIZED SYSTEM OF PREF- vidual who conquered new territories OBAMACARE DESTROYS JOBS ERENCES PROGRAM—MESSAGE and opened up new vistas. FROM THE PRESIDENT OF THE (Mr. WILSON of South Carolina Before that, nobody had been that UNITED STATES (H. DOC. NO. 112– asked and was given permission to ad- deep since 1960. They were there for 20 94) dress the House for 1 minute and to re- minutes, and they didn’t see much. He vise and extend his remarks.) was there for 6 hours. He’s going to The SPEAKER pro tempore laid be- Mr. WILSON of South Carolina. Mr. bring back a lot of information about fore the House the following message Speaker, today marks an extremely the sea and about sea life. I thank him from the President of the United important day in our Nation’s history. for his work. I congratulate him. The States; which was read and referred to The Supreme Court is scheduled to fulfillment of his dream sparks the the Committee on Ways and Means and begin hearing oral arguments on the imagination of the world and chal- ordered to be printed: constitutionality of the President’s lenges us to explore our own creativity To the Congress of the United States: government health care takeover legis- and ingenuity. In accordance with section 502(f)(2) of lation that was forced upon the Amer- I thank Mr. Cameron for his courage, the Trade Act of 1974, as amended (the ican people by the President and his his imagination, and his daring. ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4084 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 providing notification of my intent to program. After considering the criteria ments other than those set forth in clause suspend designation of Argentina as a set forth in section 502(c) of the 1974 (ii), the term ‘swap’ does not include any beneficiary developing country under Act, I have determined that it is appro- agreement, contract, or transaction that— the Generalized System of Preferences priate to extend least-developed bene- ‘‘(I) would otherwise be included as a ‘swap’ under subparagraph (A); and (GSP) program. Section 502(b)(2)(E) of ficiary developing country benefits to ‘‘(II) is entered into by parties that report the 1974 Act (19 U.S.C. 2462(b)(2)(E)) South Sudan. information or prepare financial statements provides that the President shall not BARACK OBAMA. on a consolidated basis, or for which a com- designate any country a beneficiary de- THE WHITE HOUSE, March 26, 2012. pany affiliated with both parties reports in- veloping country under the GSP if such f formation or prepares financial statements country fails to act in good faith in en- on a consolidated basis. forcing arbitral awards in favor of U.S.- RECESS ‘‘(ii) REPORTING.—All agreements, con- tracts, or transactions described in clause (i) owned companies. Section 502(d)(2) of The SPEAKER pro tempore. Pursu- the 1974 Act (19 U.S.C. 2462(d)(2)) pro- shall be reported to either a swap data repos- ant to clause 12(a) of rule I, the Chair itory, or, if there is no swap data repository vides that, after complying with the re- declares the House in recess until ap- that would accept such agreements, con- quirements of section 502(f)(2) of the proximately 3 p.m. today. tracts, or transactions, to the Commission 1974 Act (19 U.S.C. 2462(f)(2)), the Presi- Accordingly (at 2 o’clock and 15 min- pursuant to section 4r, or to a swap data re- dent shall withdraw or suspend the des- utes p.m.), the House stood in recess. pository or to the Commission pursuant to ignation of any country as a bene- section 2(h)(5), within such time period as ficiary developing country if, after f the Commission may by rule or regulation such designation, the President deter- b 1500 prescribe. Nothing in this subparagraph shall mines that as the result of changed cir- prohibit the Commission from establishing AFTER RECESS public reporting requirements for covered cumstances such country would be transactions between affiliates as described barred from designation as a bene- The recess having expired, the House in sections 23A and 23B of the Federal Re- ficiary developing country under sec- was called to order by the Speaker pro serve Act in a manner consistent with rules tion 502(b)(2) of the 1974 Act. tempore (Mr. SMITH of Nebraska) at 3 governing the treatment of such covered Pursuant to section 502(d) of the 1974 p.m. transactions pursuant to section 2(a)(13) of this Act. Act, having considered the factors set f forth in section 502(b)(2)(E), I have de- ‘‘(iii) PROTECTION OF INSURANCE FUNDS.— termined that it is appropriate to sus- ANNOUNCEMENT BY THE SPEAKER Nothing in this subparagraph shall be con- pend Argentina’s designation as a bene- PRO TEMPORE strued to prevent the regulator of a Federal or State insurance fund or guaranty fund ficiary country under the GSP program The SPEAKER pro tempore. Pursu- from exercising its other existing authority because it has not acted in good faith ant to clause 8 of rule XX, the Chair to protect the integrity of such a fund, ex- in enforcing arbitral awards in favor of will postpone further proceedings cept that such regulator shall not subject U.S.-owned companies. today on motions to suspend the rules agreements, contracts, or transactions de- BARACK OBAMA. on which a recorded vote or the yeas scribed in clause (i) to clearing and execu- THE WHITE HOUSE, March 26, 2012. and nays are ordered or on which the tion requirements under section 2 of this f Act, to any applicable margin and capital re- voting incurs objection under clause 6 quirements of section 4s(e) of this Act, or to NOTIFICATION TO ADD REPUBLIC of rule XX. reporting requirements of title VII of Public OF SOUTH SUDAN TO LIST OF Record votes on postponed questions Law 111-203 other than those set forth in BENEFICIARY DEVELOPING will be taken after 6:30 p.m. today. clause (ii) of this subparagraph. COUNTRIES UNDER GENERAL- f ‘‘(iv) PRESERVATION OF FEDERAL RESERVE IZED SYSTEM OF PREFERENCES ACT AUTHORITY.—Nothing in this subpara- graph shall exempt a transaction described PROGRAM—MESSAGE FROM THE TREATMENT OF AFFILIATE TRANSACTIONS UNDER THE in this subparagraph from sections 23A or PRESIDENT OF THE UNITED 23B of the Federal Reserve Act or imple- STATES (H. DOC. NO. 112–95) DODD-FRANK WALL STREET RE- FORM AND CONSUMER PROTEC- menting regulations thereunder. ‘‘(v) PRESERVATION OF FEDERAL AND STATE The SPEAKER pro tempore laid be- TION ACT fore the House the following message REGULATORY AUTHORITIES.—Nothing in this from the President of the United Mr. GARRETT. Mr. Speaker, I move subparagraph shall affect the Federal bank- to suspend the rules and pass the bill ing agencies’ safety-and-soundness authori- States; which was read and referred to ties over banks established in law other than the Committee on Ways and Means and (H.R. 2779) to exempt inter-affiliate swaps from certain regulatory require- title VII of Public Law 111-203 or the authori- ordered to be printed: ties of State insurance regulators over insur- ments put in place by the Dodd-Frank ers, including the authority to impose cap- To the Congress of the United States: Wall Street Reform and Consumer Pro- In accordance with section ital requirements with regard to swaps. For tection Act, as amended. purposes of this clause, the term ‘bank’ shall 502(f)(1)(A) of the Trade Act of 1974, as The Clerk read the title of the bill. be defined pursuant to section 3(a)(6) of the amended (the ‘‘1974 Act’’) (19 U.S.C. The text of the bill is as follows: Securities Exchange Act of 1934, ‘insurer’ 2462(f)(1)(A)), I am notifying the Con- shall be defined pursuant to title V of Public gress of my intent to add the Republic H.R. 2779 Law 111-203, and ‘swap’ shall be defined pur- of South Sudan (South Sudan) to the Be it enacted by the Senate and House of Rep- suant to title VII of Public Law 111-203. list of beneficiary developing countries resentatives of the United States of America in ‘‘(vi) PREVENTION OF EVASION.—The Com- under the Generalized System of Pref- Congress assembled, mission may prescribe rules under this sub- erences (GSP) program. South Sudan SECTION 1. TREATMENT OF AFFILIATE TRANS- paragraph (and issue interpretations of such ACTIONS. rules) as determined by the Commission to became an independent nation on July (a) COMMODITY EXCHANGE ACT AMEND- be necessary to include in the definition of 9, 2011. After considering the criteria MENTS.—Section 1a(47) of the Commodity Ex- swaps under this paragraph any agreement, set forth in section 502(c) of the 1974 change Act (7 U.S.C. 1a(47)), as added by sec- contract, or transaction that has been struc- Act (19 U.S.C. 2462(c)), I have deter- tion 721(a)(21) of the Dodd-Frank Wall Street tured to evade the requirements of this Act mined that South Sudan should be des- Reform and Consumer Protection Act, is applicable to swaps.’’. ignated as a GSP beneficiary devel- amended by adding at the end the following: (b) SECURITIES EXCHANGE ACT OF 1934 oping country. ‘‘(G) TREATMENT OF AFFILIATE TRANS- AMENDMENTS.—Section 3(a)(68) of the Securi- In addition, in accordance with sec- ACTIONS.— ties Exchange Act of 1934 (15 U.S.C. tion 502(f)(1)(B) of the 1974 Act (19 ‘‘(i) IN GENERAL.—For the purposes of any 78c(a)(68)), as added by section 761(a)(6) of the clearing and execution requirements under Dodd-Frank Wall Street Reform and Con- U.S.C. 2462(f)(1)(B)), I am providing no- section 2(h) and any applicable margin and sumer Protection Act, is amended by adding tification of my intent to add South capital requirements of section 4s(e) and for at the end the following: Sudan to the list of least-developed purposes of defining ‘swap dealer’ or ‘major ‘‘(F) TREATMENT OF AFFILIATE TRANS- beneficiary countries under the GSP swap participant’, and reporting require- ACTIONS.—

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4085 ‘‘(i) IN GENERAL.—For the purposes of any ment will be sought before a final rule is I reserve the balance of my time. clearing and execution requirements under issued, and Ms. FUDGE. Mr. Speaker, I ask section 3C and any applicable margin and (3) such that paragraph (1) shall apply sole- unanimous consent that 10 minutes of capital requirements of section 15F(e), and ly to changes to rules and regulations, or my time be controlled by Ms. MOORE of for purposes of defining ‘security-based swap proposed rules and regulations, that are lim- dealer’ or a ‘major security-based swap par- ited to and directly a consequence of such the Financial Services Committee. ticipant’, and reporting requirements other amendments. The SPEAKER pro tempore. Without objection, the gentlewoman from Wis- than those set forth in clause (ii), the term The SPEAKER pro tempore. Pursu- ‘security-based swap’ does not include any consin will control 10 minutes. ant to the rule, the gentleman from agreement, contract, or transaction that— There was no objection. ‘‘(I) would otherwise be included as a ‘secu- New Jersey (Mr. GARRETT) and the gen- Ms. FUDGE. Mr. Speaker, I yield my- rity-based swap’ under subparagraph (A); and tlewoman from Ohio (Ms. FUDGE) each self such time as I may consume. ‘‘(II) is entered into by parties that report will control 20 minutes. Today, we debate and will vote on information or prepare financial statements The Chair recognizes the gentleman H.R. 2779, a bill that addresses a crit- on a consolidated basis, or for which a com- from New Jersey. pany affiliated with both parties reports in- ical issue facing American businesses. formation or prepares financial statements GENERAL LEAVE I want to thank my fellow Ohioans, on a consolidated basis. Mr. GARRETT. Mr. Speaker, I ask STEVE STIVERS and Ms. MOORE, and our ‘‘(ii) REPORTING.—All agreements, con- unanimous consent that all Members collective staffs for all their hard work tracts, or transactions described in clause (i) have 5 legislative days in which to re- on this important piece of legislation. shall be reported to either a security-based vise and extend their remarks and to This bill that I co-introduced with swap data repository, or, if there is no secu- add extraneous material on this bill. my colleague Mr. STIVERS will exempt rity-based swap data repository that would The SPEAKER pro tempore. Is there accept such agreements, contracts, or trans- derivatives trades between two affili- actions, to the Commission pursuant to sec- objection to the request of the gen- ates of the same corporation from tion 13A, within such time period as the tleman from New Jersey? clearing, execution, and margin re- Commission may by rule or regulation pre- There was no objection. quirements. This legislation would pre- scribe. Mr. GARRETT. Mr. Speaker, I yield vent internal, inter-affiliate swaps ‘‘(iii) PRESERVATION OF FEDERAL RESERVE myself 2 minutes. from being subject to requirements ACT AUTHORITY.—Nothing in this subpara- The legislation that is before us that were designed to apply only to graph shall exempt a transaction described today ensures that American busi- in this subparagraph from sections 23A or certain external swaps. These internal 23B of the Federal Reserve Act or imple- nesses will not be needlessly forced to swaps are used by many American cor- menting regulations thereunder. use up the capital that they need to porations in multiple sectors of our ‘‘(iv) PROTECTION OF INSURANCE FUNDS.— create jobs simply to satisfy some du- economy. Nothing in this subparagraph shall be con- plicative regulations. Under H.R. 2779, Under the Dodd-Frank financial re- strued to prevent the regulator of a Federal the inter-affiliate trades would be only form law, there is no distinction be- or State insurance fund or guaranty fund exempt from costly margin, clearing, tween inter-affiliate and external from exercising its other existing authority and real-time reporting requirements. to protect the integrity of such a fund, ex- swaps. The regulation of inter-affiliate cept that such regulator shall not subject se- Swap trades facing non-affiliated trade should reflect the economic re- curity-based swap transactions between af- counterparties would still be subject to ality that internal trades do not in- filiated companies to clearing and execution all the other regulatory requirements crease systemic risk. As our Nation’s requirements under section 3C, to any appli- under proposed agency rules. So, with- economic recovery is getting under- cable margin and capital requirements of out this bill, companies could face dou- way, we need to ensure American busi- section 15F(e), or to reporting requirements ble—yes, double—the margin and regu- nesses remain competitive. We all re- of title VII of Public Law 111-203 other than latory cost. those set forth in clause (ii). member the financial crisis and the To my point, last June the office of ‘‘(v) PRESERVATION OF FEDERAL AND STATE pain of recovery that is still evident REGULATORY AUTHORITIES.—Nothing in this the OCC—that’s the Comptroller of the today. We cannot and should not re- subparagraph shall affect the Federal bank- Currency—estimated that margin re- turn to the wild days of Wall Street. ing agencies’ safety-and-soundness authori- quirements under proposed prudential That is why I voted for the Dodd-Frank ties over banks established in law other than regulator margin rules could conserv- law and why I continue to support it. title VII of Public Law 111-203 or the authori- atively cost over $2 trillion, which However, we should allow American ties of State insurance regulators over insur- could increase substantially if regu- businesses acting in good faith to effec- ers, including the authority to impose cap- ital requirements with regard to security- lators force affiliates to post margins tively manage risk. By failing to clar- based swaps. For purposes of this clause, the on trades between themselves. ify these important distinctions within term ‘bank’ shall be defined pursuant to sec- Without the relief of this bill, Amer- Dodd-Frank, we run the risk of stalling tion 3(a)(6) of the Securities Exchange Act of ican companies face the prospect of job growth and potentially passing 1934, ‘insurer’ shall be defined pursuant to having to post double margins on swap costs on to consumers. title V of Public Law 111-203, and ‘security- trades: once on a swap trade with Together with our colleagues in the based swap’ shall be defined pursuant to title themselves and secondly when they Committee on Financial Services and VII of Public Law 111-203. trade outside. So the Stivers-Fudge bill the Committee on Agriculture, we have ‘‘(vi) PREVENTION OF EVASION.—The Com- mission may prescribe rules under this sub- provides this needed relief. strengthened the language of the bill paragraph (and issue interpretations of such This bill strengthens the ability of to ensure it cannot be used to evade rules) as determined by the Commission to the regulators to oversee the affiliate other financial regulations. H.R. 2779 be necessary to include in the definition of swaps marketplace because those was approved by the House Financial security-based swap under this paragraph transactions must be reported still to a Services Committee by a vote of 53–0, any agreement, contract, or transaction that swap depository, or the CFTC or the and the House Agriculture Committee has been structured to evade the require- SEC. Either way, Mr. Speaker, regu- ments of this Act applicable to security- passed it by unanimous voice vote. based swaps.’’. lators will be able to monitor these It is possible for Democrats and Re- SEC. 2. IMPLEMENTATION. transactions very closely. The bill also publicans to work together on legisla- The amendments made by this Act to the gives the SEC and CFTC the power to tion that stands to benefit American Commodity Exchange Act shall be imple- regulate swap transactions that are businesses and our Nation’s economy. I mented— structured as affiliate trades only for urge my colleagues to vote ‘‘yes’’ on (1) without regard to— purposes of evading regulation. H.R. 2779, and I reserve the balance of (A) chapter 35 of title 44, United States To conclude, Mr. Speaker, I com- my time. Code; and (B) the notice and comment provisions of mend the efforts of my colleagues from Mr. GARRETT. Mr. Speaker, at this section 553 of title 5, United States Code; both sides of the aisle this morning, point, I yield 5 minutes to the sponsor (2) through the promulgation of an interim and I urge my colleagues to support of the underlying legislation, the gen- final rule, pursuant to which public com- this bipartisan bill. tleman from Ohio (Mr. STIVERS).

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4086 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 Mr. STIVERS. I would like to thank vote in the Agriculture Committee. I lowing companies to more efficiently the gentleman from New Jersey for urge my colleagues to vote in favor of transact in global markets. Swaps aid yielding me time. I would also like to this legislation. companies to hedge and to mitigate thank my fellow Ohioan, Ms. FUDGE, b 1510 things like interest rate and currency for her hard work and support on this exposure, but also more exotic risks as- bill, and I would like to thank Ms. Ms. FUDGE. Mr. Speaker, I want to sociated with unique markets and busi- MOORE from Wisconsin for her hard thank my friend and colleague from nesses. H.R. 2779 clarifies that end work as I recognize that she improved Ohio for all of his work. I think it’s an users, not investors, have the ability to the bill. I would also like to thank the excellent bill, and I’m certainly happy hedge risk for legitimate business pur- chairs and ranking members of the Fi- to have cosponsored it with him. poses. nancial Services and Agriculture Com- I would now, Mr. Speaker, yield to Now, the flip side of swaps are that mittees and their staffs for their hard my colleague and friend from the great they may also be used to acquire risk work on this bill. State of Wisconsin (Ms. MOORE), a by investors. In that capacity, swaps Mr. Speaker, this is bipartisan legis- member of the Financial Services Com- allocate risk to parties that want to lation that clarifies the Dodd-Frank mittee. and are able to bear the risk. However, Financial Reform Act by recognizing Ms. MOORE. Thank you, Ms. FUDGE. in the unregulated pre-Dodd-Frank that there is an important distinction I would, first of all, like to thank world, over-the-counter swaps and de- between inter-affiliate swaps and mar- Chairman BACHUS and Ranking Mem- rivatives lacked transparency and al- ket-facing swaps. While market-facing ber FRANK and, on the subcommittee, lowed risk to pool and gather in ways swaps carry risk, inter-affiliate swaps Chairman GARRETT and Ranking Mem- that would eventually help drive the fi- do not. They’re simply an accounting ber WATERS, Mr. STIVERS and Ms. nancial crisis and create systemic risk. practice used within corporate families FUDGE from the Ag Committee, for Dodd-Frank duly addressed the les- to assign the ownership of derivatives their leadership that kept the bill mov- sons of the financial crisis by pushing inside the corporate umbrella. Without ing; other members of the Financial as many product types as possible to be providing this distinction, corporations Services Committee—Mr. PERLMUTTER, centrally cleared and traded on elec- using inter-affiliate swaps that manage Mr. HIMES, Mr. MILLER, Mr. DOLD, Mr. tronic exchanges or other trading fa- their risk in a central way would be GIBSON, among others—for all of their cilities, subjecting these swap dealers forced to pay up to three times for the input on this legislation. and major market participants to cap- way they do business. In fact, they This is a bill—and some people here ital and to margin requirements, and would collateralize their derivatives today, Mr. Speaker, may be surprised requiring the public reporting of trans- against the market on one side and to know that it enjoys bipartisan sup- action and pricing data of both cleared then on both sides of the inter-affiliate port because it ensures, number one, and uncleared swaps. H.R. 2779 does not disturb any of swap, so they would actually pay three the vitality of U.S. and global com- those important reforms accomplished times what you would pay if you didn’t merce by exempting interaffiliate swaps, or those swap transactions used in Dodd-Frank. Interaffiliate swaps are manage your risk in a centralized way. simply transactions within a single The irony of that is, in managing internally by companies in all our dis- group of affiliated entities, in other your risk in a centralized way, it actu- tricts, from clearing, margin, and exe- words, meaning entities that prepare ally provides better protection and al- cution requirements. But H.R. 2779 also financial statements on a consolidated lows for experts to manage your risk. preserves the all-important reforms of basis. Therefore, interaffiliated swaps The problem with that also is it would the over-the-counter swap markets en- acted as part of Dodd-Frank while pro- do not add or subtract from overall tie up working capital that could be systemic risk. Therefore, H.R. 2779 sim- used to create jobs here in the United viding swap end users that exemption that is responsive to their legitimate ply builds on my original intent of vot- States and get our economy moving ing for Dodd-Frank—the promotion of and focusing on our recovery. business needs for flexibility, risk man- agement, and price stability. U.S. prosperity going forward. There are important protections in Through the process of drafting the Now, in Congress, 4 years is an eter- this bill, as well, that the lady from bill, a number of revisions were adopt- nity; but I have not forgotten the 2008 Ohio already alluded to. We put protec- ed, thanks to the thoughtful input of financial crisis and the human hard- tions in this bill to make sure that many of our colleagues. The definition ship that it caused and continues to businesses that utilize this provision of ‘‘control,’’ which is central to the cause in Milwaukee and all across are, indeed, truly affiliated. We also issues of a legitimate interaffiliate America. The work continues, and this made sure that there were reporting re- transaction, was clarified. Anti-evasion quirements so that these swaps adhere bill is a part of that. measures were added so that the ex- to transparency in the marketplace. I can tell you, Mr. Speaker, I was emption would not lead to abuse. Lan- We also made sure that it’s very clear proud to be part of the effort that pro- guage was adopted that made sure Fed that any attempt to use these provi- duced Dodd-Frank, legislation that will authority over interaffiliate banks was sions to evade provisions under the improve accountability and trans- preserved as was language that clearly Dodd-Frank bill for someone who is parency in the financial markets, in- and explicitly states that the bill does just trying to evade the law and does cluding the pre-Dodd-Frank unregu- nothing to disturb the existing regu- not have true inter-affiliate swaps lated over-the-counter derivatives mar- latory regime for insurance companies. would not be allowed. We also ensured kets which played a central role in the This is a good bill, Mr. Speaker. It that regulators keep their authority to crisis. However, I did not vote for has the backing of Republicans, Demo- manage the safety and soundness of Dodd-Frank as retribution against crats, and industry end users of deriva- America’s financial institutions. Wall Street or for any punitive means. tives. I urge all of my colleagues to The bottom line is we should not I voted for Dodd-Frank to enhance the back this legislation, and I yield back overcharge businesses for an account- function and transparency of markets the balance of my time. ing method they use that does not gen- and to promote prosperity for Ameri- Mr. GARRETT. Mr. Speaker, at this erate additional risk. By passing this cans going forward. For that reason, I point, I yield 3 minutes to the gen- legislation, we are preventing these in- am happy to support H.R. 2779. tleman from Texas (Mr. CONAWAY). ternal transactions from being subject A little bit of background about the Mr. CONAWAY. I thank the gen- to duplicative regulations that could critical need the bill addresses and how tleman from New Jersey for yielding drive jobs overseas and increase costs bipartisan collaboration produced the time. for consumers. final bill. Mr. Speaker, I rise today to express This bill was reported unanimously Now, swaps are versatile financial my strong support for H.R. 2779. in the Financial Services Committee tools that have become instrumental The interaffiliate swaps, those swaps 53–0, and it passed by unanimous voice for the management of risk and for al- occurring between entities within a

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4087 single corporate structure, are an im- volved in this bill and ask my col- (2) through the promulgation of an interim portant tool for companies and to man- leagues to please support it. final rule, pursuant to which public com- age their risk. I yield back the balance of my time. ment will be sought before a final rule is As a member of the House Agri- issued; and b 1520 (3) such that paragraph (1) shall apply sole- culture Committee and the chair of the ly to changes to rules and regulations, or General Farm Commodities and Risk The SPEAKER pro tempore. The question is on the motion offered by proposed rules and regulations, that are lim- Management Subcommittee, I want to ited to and directly a consequence of such commend Mr. STIVERS and Ms. FUDGE the gentleman from New Jersey (Mr. amendments. GARRETT) that the House suspend the for putting together a commonsense The SPEAKER pro tempore. Pursu- rules and pass the bill, H.R. 2779, as bill that will offer our businesses and ant to the rule, the gentleman from amended. agriculture firms certainty about a New Jersey (Mr. GARRETT) and the gen- small but important aspect of the over- The question was taken. The SPEAKER pro tempore. In the tleman from Texas (Mr. AL GREEN) all Dodd-Frank rulemaking. opinion of the Chair, two-thirds being each will control 20 minutes. Centralizing a large organization’s The Chair recognizes the gentleman in the affirmative, the ayes have it. risk mitigation efforts can yield sub- from New Jersey. Mr. GARRETT. Mr. Speaker, on that stantial economic benefits and reduce GENERAL LEAVE I demand the yeas and nays. a firm’s overall credit risk. In addition The yeas and nays were ordered. Mr. GARRETT. Mr. Speaker, I ask to creating operating savings through The SPEAKER pro tempore. Pursu- unanimous consent that all Members economies of scale, these companies ant to clause 8 of rule XX, further pro- have 5 legislative days in which to re- can also reduce the number of external- ceedings on this question will be post- vise and extend their remarks and to facing transactions altogether. poned. add any extraneous material on the By looking at a firm’s entire risk bill. portfolio, it’s possible to find places f The SPEAKER pro tempore. Is there where risks overlap and offset one an- BUSINESS RISK MITIGATION AND objection to the request of the gen- other, reducing the need for entering PRICE STABILIZATION ACT OF 2012 tleman from New Jersey? There was no objection. the market. Fewer swaps mean less Mr. GARRETT. Mr. Speaker, I move Mr. GARRETT. I yield myself 3 min- money tied up in margin, clearing, and to suspend the rules and pass the bill utes. execution and more money being spent (H.R. 2682) to provide end user exemp- on hiring Americans, buying supplies, Mr. Speaker, this bipartisan bill tions from certain provisions of the would do what? It would provide a and funding innovation. Commodity Exchange Act and the Se- Unfortunately, ambiguity in the clear exemption from margin require- curities Exchange Act of 1934, and for ments, margin requirements imposed Dodd-Frank law could undo this inno- other purposes, as amended. vative risk management strategy. If by the Dodd-Frank Act on where? On The Clerk read the title of the bill. swap transactions for so-called end- interaffiliate swaps are treated the The text of the bill is as follows: same as other swaps, end users could users who use derivatives to hedge H.R. 2682 their business risks and whose swap wind up posting margin for the same Be it enacted by the Senate and House of transactions really do not pose a sys- swap twice: once for the public trade Representatives of the United States of America temic risk to the financial system. and once for the internal trade that as- in Congress assembled, Following the really late night of the signs the swap to the appropriate busi- SECTION 1. SHORT TITLE. Dodd-Frank conference committee de- ness unit. Needless to say, posting mar- This Act may be cited as the ‘‘Business Risk Mitigation and Price Stabilization Act liberations, numerous assurances were gin for the same transaction twice made that margin would not be re- means that companies are likely to of 2012’’. SEC. 2. MARGIN REQUIREMENTS. quired on end-users’ transactions. Now, abandon the use of interaffiliate swaps these assurances were subsequently fol- altogether and, with it, the efficiencies (a) COMMODITY EXCHANGE ACT AMEND- MENT.—Section 4s(e) of the Commodity Ex- lowed up by formal letters and col- that made the strategy attractive in change Act (7 U.S.C. 6s(e)), as added by sec- loquies by the very same architects of the first place, thereby driving up their tion 731 of the Dodd-Frank Wall Street Re- the bill themselves. Everyone was told business costs and overall risks. form and Consumer Protection Act, is that Congress clearly intended for the It’s important to note that this legis- amended by adding at the end the following language to exempt end-users from the lation simply clarifies the intent of new paragraph: bill’s margin requirements. Congress. It does not repeal any of the ‘‘(4) APPLICABILITY WITH RESPECT TO Unfortunately, the regulators have market protections in Dodd-Frank. COUNTERPARTIES.—The requirements of para- graphs (2)(A)(ii) and (2)(B)(ii) shall not apply interpreted it a different way, and they These internal swaps do not create risk have interpreted Dodd-Frank’s some- and do not pose a systemic threat to fi- to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) or what rushed language as not providing nancial markets. Instead, it protects satisfies the criteria in section 2(h)(7)(D).’’. a clear exemption for these end-users. an important tool American companies (b) SECURITIES EXCHANGE ACT AMEND- Representative GRIMM’s bill here use to unlock the value of their unlim- MENT.—Section 15F(e) of the Securities Ex- today finally provides American busi- ited resources. change Act of 1934 (15 U.S.C. 78o–10(e)), as nesses with the certainty that they I want to thank both Mr. STIVERS added by section 764(a) of the Dodd-Frank need to use derivatives to hedge and Ms. FUDGE for bringing forward Wall Street Reform and Consumer Protec- against business risk. End-users, you tion Act, is amended by adding at the end this legislation, and Chairman LUCAS the following new paragraph: know, were not the cause of the finan- and Chairman BACHUS for shepherding ‘‘(4) APPLICABILITY WITH RESPECT TO cial crisis; and by any measure whatso- it through both committees in a timely COUNTERPARTIES.—The requirements of para- ever, end-users are not systemically fashion. graphs (2)(A)(ii) and (2)(B)(ii) shall not apply significant. Ms. FUDGE. I continue to reserve, to a security-based swap in which a Who are these end-users that we’re Mr. Speaker. I have no further speak- counterparty qualifies for an exception talking about here? Well, they are the ers. under section 3C(g)(1) or satisfies the criteria Main Street businesses from all over Mr. GARRETT. Mr. Speaker, I was in section 3C(g)(4).’’. the country that represent all types of hoping the gentlelady had one more SEC. 3. IMPLEMENTATION. industries that rely on the use of de- speaker. I was going to reserve, as we The amendments made by this Act to the rivatives to responsibly hedge their had one other speaker on the way, but Commodity Exchange Act shall be imple- own business risk, and so they should mented— let me just check. (1) without regard to— not be and were not ever considered Without seeing him here, Mr. Speak- (A) chapter 35 of title 44, United States under the same umbrella, if you will, of er, I yield back the balance of my time. Code; and regulations as banks are that are sub- Ms. FUDGE. Mr. Speaker, I just, (B) the notice and comment provisions of ject to posting margins on their swap again, want to thank everyone in- section 553 of title 5, United States Code; transactions.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4088 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 In requiring end-users to be subject on companies that use derivatives only ple, firms use these products to lock in to a mandatory margin requirement, as a means to hedge the risk of the the costs of raw materials that they’re what it basically does is force commer- company. going to need in the future, which ulti- cial entities to act like banks. So, H.R. 2682 clarifies Congress’ intent mately protects American consumers without a margin exemption, the cost when passing the Wall Street Reform and creates jobs here in America. If of hedging for these would rise dra- legislation by more clearly exempting true end-users were required to post matically, and that would needlessly end-users that are only using swaps to margin, their hedging costs may be- tie up working capital that otherwise hedge or to mitigate commercial risk. come so high that they could abandon could and should be used to expand H.R. 2682 is also consistent with a the practice, leading to great price business investments, build factories, colloquy between Representatives variations for raw materials and, ulti- or create jobs. FRANK and PETERSON, as well as a let- mately, an increase in consumer prices So I conclude on this. It is critical ter from Senators Lincoln and Dodd, for a whole host of products from food that we provide U.S. Main Street busi- which noted that the reform legislation to energy. provided the regulators with sufficient nesses across this country with this b 1530 important certainty, with this clarity. authority to exempt end-users from the I urge my colleagues on both sides of margin requirements. At a time when constituents on Stat- the aisle to support this bipartisan bill. This bill passed favorably out of both en Island and in Brooklyn are strug- I reserve the balance of my time. the House Financial Services Com- gling with sky-high tolls, rising gas Mr. AL GREEN of Texas. Mr. Speak- mittee and House Agriculture Com- prices, they simply can’t afford to pay er, I would like to note that I will be mittee with strong bipartisan support. more for items they rely on every day. yielding 10 minutes of time to my col- In no way should H.R. 2682 undo any of Furthermore, this legislation will not league from the Ag Committee, Mr. the important protections of reform only help to keep consumers’ prices OWENS. legislation. Its purpose is to recognize stable, but it will also protect U.S. The SPEAKER pro tempore. Without the end-users’ responsibility to use jobs. The cost savings end users will re- objection, the gentleman from New swaps as a part of their businesses. alize by not being required to post mar- York will control 10 minutes. I congratulate Mr. GRIMM and Mr. gin will free up capital for business ex- There was no objection. PETERS, and I encourage you to support pansion and job creation. Mr. AL GREEN of Texas. I yield my- this bill. In fact, it has been shown that im- self such time as I may consume. I reserve the balance of my time. posing a 3 percent margin on over-the- Mr. Speaker, I do want to concur Mr. GARRETT. At this time, I yield counter derivatives held by S&P 500 with those who’ve announced that bi- 5 minutes to the gentleman from New companies could cut capital spending partisanship is alive and well at the York (Mr. GRIMM), the author of the by $5.1 to $6.7 billion. That could lead committee level and on the floor of underlying legislation and also some- to 100,000 to 130,000 job losses. At a time this House today. I’d like to thank my one who has been instrumental in mak- when unemployment is 8.3 percent, this colleagues on the other side, Mr. GAR- ing sure that we could work in a bipar- cannot be overlooked or overstated. RETT and Mr. GRIMM, for their coopera- tisan manner to get it to the floor Finally, without this clear exemption tion and our ability to work together. today. provided in this legislation, I believe I’d also like to especially thank the Mr. GRIMM. I would like to thank that U.S.-based commercial end users staff of the full committee and the Chairman GARRETT. may attempt to continue hedging and staff of each congressional office for I rise today in support of my legisla- avoid posting margins by moving their the outstanding work the staff mem- tion, H.R. 2682, the Business Risk Miti- derivatives products overseas. That bers have done. It is very difficult to gation and Price Stabilization Act of would put U.S.-based financial institu- get legislation to this point without 2012. H.R. 2682, I’m very proud to say, is tions at a major disadvantage and, as a the benefit of staff having had a help- truly a bipartisan bill; and I would like consequence, drive even more U.S. jobs ing hand, and we thank the staff. to thank my colleagues on the other overseas. In addition, this could also Mr. Speaker, the passage of the Wall side of the aisle, especially Mr. PETERS encourage regulatory arbitrage and ac- Street Reform and Consumer Protec- of Michigan, Mr. AUSTIN SCOTT of Geor- tually increase systemic risk to a tion Act of 2010 established a system gia, and Mr. OWENS of New York, for worldwide financial system. for regulating the over-the-counter— working with me on this extremely im- In closing, I ask that my colleagues that’s the OTC—derivatives market. portant issue. support this commonsense, bipartisan Authority is provided to the Securities H.R. 2682 will clarify Congress’ intent pro-jobs legislation. and Exchange Commission, the Com- under the Dodd-Frank Act and provide Mr. OWENS. Mr. Speaker, I yield my- modity Futures Trading Commission, an explicit exemption from having to self such time as I may consume. I rise and the banking regulators, which have post margin for true commercial end- in support of H.R. 2682. been proposing the regulation that will users of over-the-counter derivatives. I would like to thank Chairman eventually govern the OTC derivatives Despite clear legislative history to the LUCAS and Ranking Member PETERSON market. contrary, regulators continue to mis- for their leadership on this important Previously, banks and other financial interpret the Dodd-Frank Act, giving issue, as well as Mr. SCOTT from the companies were able to amass consid- them authority to impose margin re- Agriculture Committee, and our col- erable risk using OTC derivatives with- quirements on end-users. leagues on Financial Services, Mr. out reporting to the regulator or to the This bill will ensure once and for all PETERS, Mr. GREEN and, of course, Mr. public. The Wall Street Reform Act re- that true end-users are not subjected GRIMM. quires that most derivative trans- to margin requirements that Congress As a cosponsor of H.R. 2682 and as one actions, primarily those between deal- never intended to be applied and make of the authors of this legislation, I be- ers, now be centrally cleared and ex- sure that regulators do not attempt to lieve that the definition of an ‘‘end change traded whenever possible and exercise authorities they were never user’’ needs to be very specific to en- that all transaction data be collected granted by Congress in ways that will sure that the CFTC implements the in- and publicly reported at clearinghouses certainly do harm to the economy, spe- tent of Congress in exempting true end or swap-data repositories. cifically, by diverting working capital users from certain derivatives regula- The new rules are intended to allow away from investment and expansion, tions. regulators and the public to better ana- which fuels economic growth and cer- My district in upstate New York in- lyze the derivative risk-taking activi- tainly job creation. cludes a number of entities that would ties of banks and other financial com- True end-users are firms and compa- be inappropriately captured as swap panies. The new rules are not intended nies that use derivatives to manage dealers under the proposed CFTC rules, to hold in place onerous requirements their various financial risks. For exam- including agricultural cooperatives,

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4089 farm credit institutions, community despite our clear intent, regulators day-to-day operations. To manage this banks, and electric cooperatives. Clear- have proposed rules that could result risk, businesses use over-the-counter ly, none of these entities were intended in margin requirements for these end derivatives to provide price certainty by Congress to be covered by these reg- users. and stability in many other conditions ulations. Every dollar that a business has tied which may arise or may otherwise be While each of them uses derivatives up in a margin account is a dollar it less specific. Consumers, in turn, ben- to meet their business needs, they are cannot spend on job creation or other efit from these business prudent risk not engaging in derivatives trans- productive business purposes. The management practices through lower actions as their primary businesses. If Chamber of Commerce has recently es- volatility in the day-to-day prices of forced to comply with the increased timated the costs of requiring these the products that they purchase. margin and clearing requirements, it end users to post margins could reach Due to the importance of protecting could make the services currently of- billions of dollars and cost over 100,000 the consumer while providing a pro- fered by end users cost prohibitive and jobs, all over the clear and concise ob- growth environment for business, Con- impede their ability to conduct busi- jections of Congress. gress provided an exemption from ness, likely resulting in higher prices This legislation simply affirms the clearing and margin requirements for for my constituents and diverting cap- original position of Congress that non- businesses and individuals who are not ital that could otherwise be invested financial end users do not need to tie financial institutions. By providing and used to help create jobs. These are up scarce resources to participate in this exemption, less than 10 percent of all negative consequences that our the swaps markets. Much like H.R. the capital involved in the derivatives economy can ill afford at this time. 2779, which we debated earlier, the market is relieved of the burdensome These financial instruments are par- Business Risk Mitigation and Sta- regulations and can be kept in the U.S. economy. To further the initial goal, ticularly important for dairy farmers bilization Act would not undermine the H.R. 2682 clarifies Congress’ intent of in my district who depend on their co- established goals of Dodd-Frank. Non- keeping much needed capital in the operatives to offer them tools to man- financial end users represent less than U.S. markets, which plays an impor- age price risks and to lock in margins. 10 percent of the swaps market and tant role in the country’s economic A local cooperative must have the abil- have never posed a systemic risk to the growth. ity to enter into swaps with its mem- broader financial markets. For this reason, I ask my colleagues bers and have affordable access to the As we in Congress continue to ad- to support H.R. 2682 so businesses and market with other commercial vance legislation to put America back individuals can manage their risks of counterparties to offset the risk of pro- to work, we should prevent unneces- day-to-day operations while not being viding these swaps and forward con- sary regulatory burdens on businesses. constrained with the burdensome cap- tracts. Under the CFTC’s proposed I am pleased to support H.R. 2682 be- ital requirements. rules, the cooperatives would be regu- cause it will do just that. Mr. GARRETT. I yield back the bal- lated as a swap dealer even though I want to thank Mr. GRIMM, Mr. ance of my time. they are using derivative contracts to PETERS, Mr. SCOTT, and Mr. OWENS for The SPEAKER pro tempore (Mr. hedge commercial risk and to support sponsoring this important legislation. I HUIZENGA of Michigan). The question is the viability of their members. am pleased to note that it is a bipar- on the motion offered by the gen- There is no doubt in my mind that tisan effort and is supported over- tleman from New Jersey (Mr. GARRETT) the derivatives market needs to be reg- whelmingly by both committees. that the House suspend the rules and ulated and that certain participants I also want to thank my chairman, pass the bill, H.R. 2682, as amended. need to post margin to cover their Mr. LUCAS, and Chairman BACHUS, for The question was taken. trades in order to mitigate systemic their work in clarifying Congress’ in- The SPEAKER pro tempore. In the risk throughout the financial system. tent for regulators with respect to end opinion of the Chair, two-thirds being However, this legislation will codify users. This legislation will protect jobs in the affirmative, the ayes have it. Congress’ intent and ensure that com- and businesses struggling to meet the Mr. GARRETT. Mr. Speaker, on that mercial end users can continue to multitude of mandates coming out of I demand the yeas and nays. The yeas and nays were ordered. hedge against risk. Washington. The SPEAKER pro tempore. Pursu- I urge my colleagues on both sides of Mr. AL GREEN of Texas. Mr. Speak- ant to clause 8 of rule XX, further pro- the aisle to support this important bi- er, I would simply close by indicating ceedings on this question will be post- that I concur with my colleagues. This partisan legislation, and I yield back poned. the balance of my time. legislation does enjoy the bipartisan Mr. GARRETT. Once again, Mr. support that we believe will help us get f Speaker, I would like to yield 3 min- a message to our Members that it is a b 1540 utes to the gentleman from Texas (Mr. good piece of legislation that should be HOMES FOR HEROES ACT OF 2011 CONAWAY). totally supported by the membership. Mr. CONAWAY. Thank you to Mr. So, I would ask my colleagues and Mrs. BIGGERT. Mr. Speaker, I move to suspend the rules and pass the bill GARRETT of New Jersey. Members of the Congress to please sup- Mr. Speaker, I rise today in full sup- port this legislation. (H.R. 3298) to establish the position of port of H.R. 2682, the Business Risk I yield back the balance of my time. Special Assistant for Veterans Affairs Mitigation and Stabilization Act. Mr. GARRETT. Mr. Speaker, I think in the Department of Housing and As chairman of the General Farm we have one more speaker. I yield 2 Urban Development, and for other pur- Commodities and Risk Management minutes to the gentleman from Geor- poses. The Clerk read the title of the bill. Subcommittee, I am pleased to see this gia (Mr. AUSTIN SCOTT). The text of the bill is as follows: bill brought to the floor today. The Mr. AUSTIN SCOTT of Georgia. Mr. H.R. 3298 Business Risk Mitigation and Sta- Speaker, I rise today in support of H.R. Be it enacted by the Senate and House of Rep- bilization Act will offer legislative 2682, the Business Risk Mitigation and resentatives of the United States of America in clarification for one of the most impor- Price Stabilization Act of 2012. Congress assembled, tant points that underlies Dodd-Frank, This bill provides a clear exemption SECTION 1. SHORT TITLE. which is that nonfinancial end users for nonfinancial end users that qualify This Act may be cited as the ‘‘Homes for should not be required to post margin. for the clearing exemption under title Heroes Act of 2011’’. In hearings and letters, Congress VII of the Dodd-Frank Wall Street Re- SEC. 2. SPECIAL ASSISTANT FOR VETERANS AF- could not have been clearer in its in- form and Consumer Protection Act. FAIRS IN THE DEPARTMENT OF HOUSING AND URBAN DEVELOP- tent to exempt nonfinancial end users Across the country, consumers and MENT. from being required to post margins for businesses alike are confronted with Section 4 of the Department of Housing their risk mitigation transactions. Yet, risks that are associated with their and Urban Development Act (42 U.S.C. 3533)

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4090 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 is amended by adding at the end the fol- tics of such homeless veterans, and the num- strength to overcome any obstacle, but lowing new subsection: ber, types, and locations of entities con- it is our job to give them the tools. ‘‘(g) SPECIAL ASSISTANT FOR VETERANS AF- tracted under such section to administer the That is why it’s essential that HUD FAIRS.— vouchers. and the VA work hand in hand to help ‘‘(1) ESTABLISHMENT.—There shall be in the (B) A summary description of the special Department a Special Assistant for Veterans considerations made for veterans under pub- our veterans get the housing assistance Affairs, who shall be a special assistant to lic housing agency plans submitted pursuant they have earned. the Secretary and shall report directly to to section 5A of the United States Housing The Homes for Heroes Act of 2011, of the Secretary. Act of 1937 (42 U.S.C. 1437c–1) and under com- which I’m a cosponsor and which was ‘‘(2) APPOINTMENT.—The Special Assistant prehensive housing affordability strategies introduced by my colleague from Texas for Veterans Affairs shall be appointed based submitted pursuant to section 105 of the (Mr. AL GREEN) and my colleague from solely on merit and shall be covered under Cranston-Gonzalez National Affordable New York (Mr. GRIMM), establishes the the provisions of title 5, United States Code, Housing Act (42 U.S.C. 12705). position of Special Assistant for Vet- governing appointments in the competitive (C) A description of the activities of the service. Special Assistant for Veterans Affairs of the erans Affairs within HUD to effectively ‘‘(3) RESPONSIBILITIES.—The Special Assist- Department of Housing and Urban Develop- coordinate services among veterans ant for Veterans Affairs shall be responsible ment. and to serve as HUD’s liaison to the for— (D) A description of the efforts of the De- Department of Veterans Affairs’ U.S. ‘‘(A) ensuring veterans have fair access to partment of Housing and Urban Development Interagency Council on Homelessness, housing and homeless assistance under each and the other members of the United States State and local officials, and nonprofit program of the Department providing either Interagency Council on Homelessness to co- service organizations. such assistance; ordinate the delivery of housing and services The bill also requires HUD to submit ‘‘(B) coordinating all programs and activi- to veterans. a comprehensive annual report to Con- ties of the Department relating to veterans; (E) The cost to the Department of Housing ‘‘(C) serving as a liaison for the Depart- and Urban Development of administering the gress on the housing needs of homeless ment with the Department of Veterans Af- programs and activities relating to veterans. veterans and the steps undertaken by fairs, including establishing and maintaining (F) Any other information that the Sec- HUD to meet those needs, and H.R. 3298 relationships with the Secretary of Veterans retary of Housing and Urban Development takes these steps within existing budg- Affairs; and the Secretary of Veterans Affairs con- etary constraints at no additional cost ‘‘(D) serving as a liaison for the Depart- sider relevant in assessing the programs and to taxpayers. ment, and establishing and maintaining rela- activities of the Department of Housing and Similar to H.R. 403 and H.R. 3329, tionships with the United States Interagency Urban Development relating to veterans. which are the Homes for Heroes Acts of Council on Homelessness and officials of (b) COMMITTEES.—The Committees of the State, local, regional, and nongovernmental Congress specified in this subsection are as 2008 and 2009, both of which passed this organizations concerned with veterans; follows: House, H.R. 3298 has strong bipartisan ‘‘(E) providing information and advice re- (1) The Committee on Banking, Housing, support. Once enacted, this legislation garding— and Urban Affairs of the Senate. will help us better understand the ‘‘(i) sponsoring housing projects for vet- (2) The Committee on Veterans’ Affairs of needs of homeless veterans while fos- erans assisted under programs administered the Senate. tering a better working relationship by the Department; or (3) The Committee on Appropriations of between HUD and the VA. The result ‘‘(ii) assisting veterans in obtaining hous- the Senate. will be better services for our heroes; ing or homeless assistance under programs (4) The Committee on Financial Services of administered by the Department; the House of Representatives. and while we can never repay our vet- ‘‘(F) coordinating with the Secretary of (5) The Committee on Veterans’ Affairs of erans for the selfless sacrifices they’ve Housing and Urban Development and the the House of Representatives. made, we can work to ensure that they Secretary of Veterans Affairs in carrying out (6) The Committee on Appropriations of have a place to call home when they section 3 of the Homes for Heroes Act of 2011; the House of Representatives. come home. and The SPEAKER pro tempore (Mr. I urge my colleagues to support this ‘‘(G) carrying out such other duties as may GRIMM). Pursuant to the rule, the gen- bill, and I reserve the balance of my be assigned to the Special Assistant by the time. Secretary or by law.’’. tlewoman from Illinois (Mrs. BIGGERT) and the gentleman from Texas (Mr. AL Mr. AL GREEN of Texas. Mr. Speak- SEC. 3. ANNUAL SUPPLEMENTAL REPORT ON VETERANS HOMELESSNESS. GREEN) each will control 20 minutes. er, I yield myself such time as I may (a) IN GENERAL.—The Secretary of Housing The Chair recognizes the gentle- consume. and Urban Development and the Secretary of woman from Illinois. I thank my colleague, Mrs. BIGGERT, Veterans Affairs, in coordination with the GENERAL LEAVE for her support of this legislation as United States Interagency Council on Home- Mrs. BIGGERT. Mr. Speaker, I ask well as many other pieces of legislation lessness, shall submit annually to the Com- unanimous consent that all Members that we’ve had the privilege of working mittees of the Congress specified in sub- may have 5 legislative days in which to together on. section (b), together with the annual reports Mr. Speaker, I’d like to thank you, as required by such Secretaries under section revise and extend their remarks and to 203(c)(1) of the McKinney-Vento Homeless add extraneous material on this bill. well, for your cosponsorship of the leg- Assistance Act (42 U.S.C. 11313(c)(1)), a sup- The SPEAKER pro tempore. Is there islation. It means a lot to have bipar- plemental report that includes the following objection to the request of the gentle- tisan support for our warriors, those information with respect to the preceding woman from Illinois? who are willing to go to distant places year: There was no objection. and risk their lives such that we may (1) The same information, for such pre- Mrs. BIGGERT. Mr. Speaker, I yield have better lives. ceding year, that was included with respect myself such time as I may consume. Many of them do not return home as to 2010 in the report by the Secretary of Today I rise in support of H.R. 3298, they left. Many of them find them- Housing and Urban Development and the selves living on the streets of life. As a Secretary of Veterans Affairs entitled ‘‘Vet- the Homes for Heroes Act of 2011. erans Homelessness: A Supplemental Report Sadly, approximately one-fifth of our result, we believe it’s necessary for us to the 2010 Annual Homeless Assessment Re- country’s homeless population consists to do all that we can to help them se- port to Congress’’. of veterans. In part, that’s because re- cure the kind of homes, the kind of (2) Information regarding the activities of adapting to civilian life is not always housing, the kinds of services that they the Department of Housing and Urban Devel- easy even for some of our country’s need so that they can reintegrate opment relating to veterans during such pre- true heroes. But research shows that themselves into American life. This ceding year, as follows: with a stable living situation, our vet- bill, the Homes for Heroes bill, will (A) The number of veterans provided as- erans are far more likely to overcome help to some degree with our goals and sistance under the housing choice voucher program for Veterans Affairs supported other challenges. These are men and ambitions of helping them to have a housing (VASH) under section 8(o)(19) of the women who braved bullets and basic place to call home. United States Housing Act of 1937 (42 U.S.C. training to protect our country and our The bill does place a person in HUD 1437f(o)(19)), the socioeconomic characteris- freedom. They have the will and the whose sole responsibility it will be to

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4091 monitor homelessness among our vet- sideration that our warriors are giving The question was taken. erans. This person is to file an annual us when they decide that they’re will- The SPEAKER pro tempore. In the report with Congress on the status of ing to go to distant places and make opinion of the Chair, two-thirds being homelessness among the veterans in great sacrifices for us. Please give it in the affirmative, the ayes have it. this country and to give us some in- consideration. Mrs. BIGGERT. Mr. Speaker, I object sight as to how we are progressing in I yield back the balance of my time. to the vote on the ground that a eliminating and abolishing homeless- Mrs. BIGGERT. Mr. Speaker, I would quorum is not present and make the ness among our veterans. It’s not going like to commend the gentleman from point of order that a quorum is not to do everything that we need to do, Texas (Mr. AL GREEN) for all of his present. but it is a step in the right direction. hard work on this issue. The SPEAKER pro tempore. Pursu- If I may say so, I would like to com- It is really nice to have these bills ant to clause 8 of rule XX, further pro- mend HUD for what has been done thus that are bipartisan in nature, and cer- ceedings on this question will be post- far, because there is a person who does tainly homelessness is something that poned. this sort of thing with HUD currently. we all hear about and would like to The point of no quorum is considered But what we’re trying to do now is in- find a way to end. There are different withdrawn. stitutionalize the position such that categories in that, and I think the vet- f administrations may come and go, but erans certainly are very important. b 1550 the position will still be there, and our With that, I have no further requests veterans will receive the kind of help for time, and I yield back the balance FDIA AMENDMENTS REGARDING that they merit and deserve. of my time. DISCLOSURES TO THE BUREAU Mr. Speaker, in our country in 2009, Mr. GRIMM. Mr. Speaker, I rise today to OF CONSUMER FINANCIAL PRO- approximately 136,334 people who self- speak in support of H.R. 3298, ‘‘The Homes TECTION identified themselves as veterans spent for Heroes Act of 2011.’’ Mrs. BIGGERT. Mr. Speaker, I move at least one night in an emergency As a Marine combat veteran, I am strongly to suspend the rules and pass the bill shelter or a transitional-housing pro- committed to assisting our young men and (H.R. 4014) to amend the Federal De- gram. That speaks volumes about the women as they return home from protecting posit Insurance Act with respect to in- amount of work that we have to do. our freedom overseas. formation provided to the Bureau of While 136,000 may not seem like a lot I am honored to have been able to work Consumer Financial Protection. to some people, I contend, if we have with my colleague and friend Mr. GREEN of The Clerk read the title of the bill. but one veteran who is finding himself Texas on this legislation. Our veterans have The text of the bill is as follows: or herself in transitional housing or no greater friend in Congress than Mr. GREEN H.R. 4014 sleeping in a shelter or sleeping on the and I am honored to have had this opportunity Be it enacted by the Senate and House of streets of life, I think we have work to to join him in fighting for our heroes. Representatives of the United States of America do. This bill will help us with our vet- Veteran’s homelessness is a serious issue in Congress assembled, erans who are doing this, who are and, sadly, one that gets overlooked far too SECTION 1. FDIA AMENDMENTS REGARDING DIS- sleeping in this transitional housing. often. Currently veterans make up approxi- CLOSURES TO THE BUREAU OF CON- SUMER FINANCIAL PROTECTION. I would also add that our veterans mately 8 percent of the U.S. population, how- The Federal Deposit Insurance Act (12 compose about 16 percent of the home- ever they are 17 percent of the homeless pop- U.S.C. 1811 et seq.) is amended— less adults while they are 8 percent of ulation. (1) in section 11(t)(2)(A) (12 U.S.C. the American population. They are 8 Clearly something is wrong with our ability 1821(t)(2)(A)), by inserting after clause (v) the percent of the population, but of those to transition these brave men and women from following: who are homeless, they are 16 percent. military service to civilian life. ‘‘(vi) The Bureau of Consumer Financial This, of course, is something that we Recent circumstances have only served to Protection.’’; and cannot continue to tolerate. So I’m exacerbate these problems. Our new veterans (2) in section 18(x) (12 U.S.C. 1828(x))— (A) by inserting ‘‘the Bureau of Consumer going to beg all of my colleagues: are returning home from Iraq and Afghanistan Financial Protection,’’ before ‘‘any Federal please, give serious consideration to to find an economy with very limited employ- banking agency’’ each place such term ap- this piece of legislation. It will not ment opportunities. While these economic pears; and break the bank. It may not do all that problems are affecting all Americans, veterans (B) by striking ‘‘such agency’’ each place we’d like to have done, but it’s a step looking to move from military service to civilian such term appears and inserting ‘‘such Bu- in the right direction, and somebody life are finding themselves competing with an reau, agency’’. will be helped as a result of what we do already over-supplied labor market. The SPEAKER pro tempore. Pursu- today. I beg to my colleagues, please Furthermore, the extraordinarily long deploy- ant to the rule, the gentlewoman from support this legislation. ments that our service members have been Illinois (Mrs. BIGGERT) and the gen- I thank Mrs. BIGGERT for the out- facing place an enormous mental strain on our tleman from Texas (Mr. AL GREEN) standing work that she has done. I new veterans. This burden has made it difficult each will control 20 minutes. again especially thank staffers who for many to easily transition back into normal The Chair recognizes the gentle- worked with us on this piece of legisla- civilian life. woman from Illinois. tion. And I can say candidly, Mr. In order to combat veteran’s homelessness GENERAL LEAVE Speaker, that but for the assistance of this bill would create a Special Assistant for Mrs. BIGGERT. Mr. Speaker, I ask our staffers, we might not be standing Veterans Affairs within the Department of unanimous consent that all Members here today. They do make a difference. Housing and Urban Development to co-ordi- may have 5 legislative days in which to And I would have the veterans know nate homeless veteran’s benefits with the VA. revise and extend their remarks and to that behind every Member, we have In addition, this bill will require HUD to prepare add extraneous material on this bill. staffers who are working to help them a report to Congress on the progress that has The SPEAKER pro tempore. Is there return to our homeland and reintegrate been made in ending homelessness amongst objection to the request of the gentle- them into our society. our veterans. woman from Illinois? I reserve the balance of my time. Again, it has been an honor to work on such There was no objection. Mrs. BIGGERT. We have no further an important piece of legislation and I urge my Mrs. BIGGERT. Mr. Speaker, at this speakers on this side of the aisle if the colleagues to join me in supporting its pas- time, I would like to yield such time as gentleman would like to close. sage. he may consume to the gentleman Mr. AL GREEN of Texas. I would The SPEAKER pro tempore. The from Michigan (Mr. HUIZENGA), the simply close by saying this: Mr. Speak- question is on the motion offered by sponsor of this bill. er, thank you again for your support of the gentlewoman from Illinois (Mrs. Mr. HUIZENGA of Michigan. Mr. this legislation. I would hope that my BIGGERT) that the House suspend the Speaker, the Consumer Financial Pro- colleagues will give it the kind of con- rules and pass the bill, H.R. 3298. tection Bureau, a massive new branch

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4092 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 of government created under the Dodd- the CFPB and to deliver a more effi- terial to the CFPB does not waive at- Frank Act, fails to safeguard propri- cient and effective government for torney-client or work product privi- etary information given to the Bureau America’s hardworking taxpayers. leges with respect to third parties. It by regulated entities. I rise today in I look forward to working with my also guarantees that any privileged support of my bill, H.R. 4014, which will Senate colleagues to see that this matter that the CFPB shares with create more peace of mind for financial omission in the Dodd-Frank Act is other Federal agencies will remain institutions while offering more over- quickly rectified and sent to the Presi- privileged. sight and consumer protections to dent for his signature. This bill has earned nearly universal hardworking taxpayers. Mr. AL GREEN of Texas. Mr. Speak- support from Republicans, Democrats, If you remember one thing, remem- er, I yield myself such time as I may regulated institutions, the regulator, ber this: we all agree on stringent con- consume. Senators, and Members of the House. sumer protections. This bill is a com- H.R. 4014 is a good piece of legisla- On February 16, our House Financial monsense measure that adds necessary tion, and it is designed to protect pro- Services Committee passed this bill by oversight to the Bureau. Specifically, prietary information, which is exceed- voice vote. H.R. 4014 would immediately close a ingly important in the business world. Mr. Speaker, this bill should be on loophole in the law that was created This bill ensures that when an institu- the President’s desk in a matter of during the creation of the CFPB. Cur- tion submits confidential information weeks and not months. Chairman rently, information collected by the to the CFPB, the information will re- JOHNSON and Ranking Member SHELBY CFPB from financial institutions is not main confidential. This bill is in line of the Senate Banking Committee have protected by the same confidentiality with existing law for other financial introduced an identical measure, S. provisions that other financial regu- regulators. 2099, which also awaits consideration. lators are required to provide. Addi- We have confirmed that the CFPB be- Passing this legislation today marks tionally, we must ensure parity be- lieves this fix to be acceptable. The bill an important milestone. It is the first tween State bank supervisors and is identical to legislation introduced time that both House and Senate Mem- other State regulatory agencies that by Senate Banking Committee Chair- bers on both sides of the aisle are ac- oversee nonbanks at the State level man JOHNSON and Ranking Member knowledging and correcting a serious and make sure they are afforded the SHELBY. This legislation will give fi- flaw in the Dodd-Frank Act. same protections. We need a real solu- nancial institutions legal certainty With that, I urge my colleagues to tion to ensure that privileged informa- when turning over data to the CFPB. support H.R. 4014, and I commend Mr. tion will not be intentionally disclosed Mr. Speaker, current law states that HUIZENGA for his hard work on this to any third party. H.R. 4014 would pro- a bank does not waive confidentiality issue. I have no further requests for tect that data that depository and non- and, thereby, should not have to risk time, if the gentleman would like to depository institutions provide during its disclosure of information to other close. Mr. AL GREEN of Texas. Mr. Speak- an oversight exam, therefore, enhanc- parties. These parties are sometimes er, I have no further requests for time, ing the Bureau’s supervision process engaged in litigation against each and I will simply encourage my col- and giving financial institutions the other. This piece of legislation will as- leagues to support the legislation. much-needed certainty that the infor- sure a party that its information given I yield back the balance of my time. to the CFPB will not end up in the mation will be kept private. Mrs. BIGGERT. Mr. Speaker, with Unlike current statutes regarding hands of another party that may be en- that, I would, again, commend the other Federal agencies assessing rel- gaged in litigation. This is but one ex- sponsor of this bill, Mr. HUIZENGA. And evant information, the Dodd-Frank Act ample. This bill is designed to protect I thank Mr. GREEN for managing this failed to provide such protections de- proprietary information. bill. spite the CFPB’s claim that they won’t I want to thank my colleague for the With that, I yield back the balance of or wouldn’t share such information. outstanding job that he has done in my time. The simple truth is that if we don’t presenting this piece of legislation. I Mrs. MALONEY. Mr. Speaker, I rise in sup- pass H.R. 4014, the CFPB could legally thank Mrs. BIGGERT for, again, showing port of H.R. 4014 to clarify that privileged in- share privileged information with third the bipartisanship that has helped us formation that the Consumer Financial Protec- parties. Absent this specific congres- to bring this legislation to the floor. tion Bureau receives remains privileged sional legislation, the courts have per- At this time, I will reserve the bal- throughout the supervision process. mitted this practice of sharing in the ance of my time. I would like to commend my colleague from cases of other Federal agencies. Al- Mrs. BIGGERT. Mr. Speaker, I yield Michigan, Mr. HUIZENGA for bringing this bill though the Bureau has said that they myself such time as I may consume. forward. This issue has come up now in sev- are prepared to take all reasonable and I rise in support of H.R. 4014, a bill to eral congressional hearings, in the Oversight appropriate steps to protect propri- ensure that confidential, private infor- Committee, in the Senate Banking Committee etary information, we cannot be sure. mation collected by the Consumer Fi- and also in the Financial Institutions Sub- Therefore, we must pass this bill to re- nancial Protection Bureau, or CFPB, committee on which I sit. strict them from doing so. remains confidential. Many institutions have expressed concern Even President Barack Obama’s ap- Introduced by my colleague from that there is no statutory protection of the at- pointed director of the CFPB, Richard Michigan (Mr. HUIZENGA), this legisla- torney-client privilege for sensitive material Cordray, recently testified that this tion addresses a crucial oversight with- that they turn over to the CFPB during the su- was an ‘‘oversight’’ and that he would in the Dodd-Frank Act. Under current pervision process. be ‘‘supportive’’ of a legislative solu- law, many supervised institutions have Director Cordray has testified that he would tion to ensure privileged information is expressed concern that supplying privi- support a statutory extension of the attorney- not leaked to third parties through the leged information to the CFPB at the client privilege to documents that the CFPB CFPB. My bill is that real legislative government’s request could void attor- receives. This is standard for all of the bank- solution. This is a commonsense fix ney-client and work product privileges ing regulators and it should be true for the that will put an end to the needless un- against third parties. Even the new CFPB as well. certainty and legal costs to both the CFPB director, Richard Cordray, as It is critical that the process be an open ex- CFPB and to financial institutions. was talked about, has acknowledged change between the bureau and the entities it Mr. Speaker, while I believe this constitutional concerns and indicated regulates. And that can only happen if the en- issue must and will eventually be ad- that he would be supportive of a legis- tities can trust that they aren’t inadvertently dressed in the Dodd-Frank Act, this is lative solution. H.R. 4014 is that solu- waiving the privilege simply by turning docu- a very important step. I urge the swift tion. ments over. adoption of this important legislation Mr. HUIZENGA’s bill makes it explic- I would note that the CFPB office of the to restore genuine accountability to itly clear that providing privileged ma- General Counsel has indicated in a recent

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4093 memo that it would ensure that the privilege The SPEAKER pro tempore. The Pence Ryan (OH) Thompson (CA) was not waived, but I know that the entities in- question is on the motion offered by Perlmutter Ryan (WI) Thompson (PA) Peters Sa´ nchez, Linda Thornberry volved in the CFPB’s regulator process would the gentleman from New Jersey (Mr. Peterson T. Tiberi prefer that to be codified, and I would agree. GARRETT) that the House suspend the Petri Sanchez, Loretta Tipton As it is currently drafted, the bill is identical rules and pass the bill, as amended. Pitts Scalise Tonko Platts Schiff to a bill introduced on a bipartisan basis in the The vote was taken by electronic de- Tsongas Poe (TX) Schilling Turner (NY) Polis Schmidt other body. Both bills ensure that privilege is vice, and there were—yeas 357, nays 36, Turner (OH) Pompeo Schock not waived when the CFPB receives sensitive not voting 38, as follows: Upton Posey Schrader information and when it shares that informa- [Roll No. 127] Price (GA) Schwartz Van Hollen tion with other agencies. Price (NC) Schweikert Visclosky YEAS—357 I support this bill and urge my colleagues to Quayle Scott (SC) Walberg Walden support it as well. Ackerman Culberson Issa Quigley Scott, Austin Adams Cummings Jenkins Rahall Scott, David Walsh (IL) The SPEAKER pro tempore. The Aderholt Davis (CA) Johnson (OH) Reed Sensenbrenner Walz (MN) question is on the motion offered by Alexander Davis (KY) Johnson, E. B. Rehberg Sessions Wasserman the gentlewoman from Illinois (Mrs. Altmire DeGette Johnson, Sam Renacci Sewell Schultz Amash Denham Jones Ribble Sherman Waters IGGERT B ) that the House suspend the Amodei Dent Jordan Richardson Shimkus Watt rules and pass the bill, H.R. 4014. Andrews DesJarlais Keating Richmond Shuler Waxman The question was taken; and (two- Austria Diaz-Balart Kind Rigell Shuster Webster thirds being in the affirmative) the Baca Dold King (IA) Roby Simpson West Bachmann Dreier King (NY) Roe (TN) Sires rules were suspended and the bill was Westmoreland Bachus Duffy Kingston Rogers (AL) Slaughter Whitfield passed. Baldwin Duncan (SC) Kinzinger (IL) Rogers (KY) Smith (NE) Wilson (FL) Barletta Duncan (TN) Kline Rogers (MI) A motion to reconsider was laid on Smith (NJ) Wilson (SC) Barrow Edwards Labrador Rokita Smith (TX) Wittman the table. Bartlett Ellison Lamborn Rooney Smith (WA) Wolf f Barton (TX) Ellmers Lance Ros-Lehtinen Southerland Bass (CA) Emerson Lankford Roskam Speier Womack RECESS Bass (NH) Engel Larsen (WA) Ross (AR) Stark Woodall Benishek Eshoo Latham Ross (FL) Stearns Woolsey The SPEAKER pro tempore. Pursu- Berg Farenthold LaTourette Rothman (NJ) Stivers Yarmuth ant to clause 12(a) of rule I, the Chair Berkley Farr Latta Roybal-Allard Stutzman Yoder declares the House in recess subject to Biggert Fattah Levin Royce Sullivan Young (AK) Bilbray Fincher Lewis (CA) Runyan Sutton Young (FL) the call of the Chair. Bilirakis Fitzpatrick Lewis (GA) Ruppersberger Terry Young (IN) Accordingly (at 4 p.m.), the House Bishop (GA) Flake Lipinski stood in recess. Bishop (NY) Fleischmann LoBiondo NAYS—36 Black Fleming Loebsack Becerra Filner Markey f Blackburn Fortenberry Lofgren, Zoe Berman Garamendi McDermott Blumenauer Foxx Long Bonamici Grijalva Miller (NC) b 1830 Bonner Frank (MA) Lowey Cohen Hinchey Nadler Bono Mack Franks (AZ) Lucas Conyers Hirono Pingree (ME) AFTER RECESS Boren Frelinghuysen Luetkemeyer Courtney Holt Sarbanes Boswell Fudge Luja´ n The recess having expired, the House Davis (IL) Kaptur Schakowsky Boustany Gallegly Lummis DeFazio Kildee Scott (VA) was called to order by the Speaker pro Brady (PA) Gardner Lungren, Daniel DeLauro Kucinich Serrano tempore (Mrs. HARTZLER) at 6 o’clock Brady (TX) Garrett E. Deutch Langevin Tierney Braley (IA) Gerlach Lynch and 30 minutes p.m. Dingell Larson (CT) Vela´ zquez Brooks Gibbs Maloney Doggett Lee (CA) Welch f Broun (GA) Gibson Manzullo Buchanan Gingrey (GA) Marino ANNOUNCEMENT BY THE SPEAKER Bucshon Gohmert Matheson NOT VOTING—38 PRO TEMPORE Burgess Gonzalez Matsui Akin Heinrich Meehan Burton (IN) Goodlatte McCarthy (CA) Bishop (UT) Jackson (IL) Neal The SPEAKER pro tempore. Pursu- Butterfield Gowdy McCaul Brown (FL) Jackson Lee Nugent ant to clause 8 of rule XX, proceedings Calvert Granger McClintock Buerkle (TX) Pascrell will resume on questions previously Camp Graves (GA) McCollum Campbell Johnson (GA) Paul postponed. Canseco Graves (MO) McCotter Costa Johnson (IL) Rangel Cantor Green, Al McGovern Dicks Kelly Reichert Votes will be taken in the following Capito Green, Gene McHenry Donnelly (IN) Kissell Reyes order: H.R. 2779, by the yeas and nays; Capps Griffin (AR) McKeon Doyle Landry Rivera H.R. 2682, by the yeas and nays; and Capuano Griffith (VA) McKinley Flores Mack Rohrabacher Cardoza Grimm McMorris Forbes Marchant Rush agreeing to the Speaker’s approval of Carnahan Guinta Rodgers Gosar McCarthy (NY) Thompson (MS) the Journal, de novo. Carney Guthrie McNerney Gutierrez McIntyre Towns The first electronic vote will be con- Carson (IN) Hahn Meeks ducted as a 15-minute vote. Remaining Carter Hall Mica Cassidy Hanabusa Michaud b 1856 electronic votes will be conducted as 5- Castor (FL) Hanna Miller (FL) minute votes. Chabot Harper Miller (MI) Messrs. MARKEY, LANGEVIN, LAR- Chaffetz Harris Miller, Gary SON of Connecticut, MCDERMOTT, f Chandler Hartzler Miller, George Chu Hastings (FL) Moore DEFAZIO, DOGGETT, KILDEE, TREATMENT OF AFFILIATE Cicilline Hastings (WA) Moran COHEN, WELCH, and Ms. LEE of Cali- TRANSACTIONS UNDER THE Clarke (MI) Hayworth Mulvaney fornia changed their vote from ‘‘yea’’ DODD-FRANK WALL STREET RE- Clarke (NY) Heck Murphy (CT) to ‘‘nay.’’ FORM AND CONSUMER PROTEC- Clay Hensarling Murphy (PA) Cleaver Herger Myrick Mr. OLVER, Ms. WILSON of Florida, TION ACT Clyburn Herrera Beutler Napolitano Ms. CLARKE of New York, and Mr. The SPEAKER pro tempore. The un- Coble Higgins Neugebauer Coffman (CO) Himes Noem WAXMAN changed their vote from finished business is the vote on the mo- Cole Hinojosa Nunes ‘‘nay’’ to ‘‘yea.’’ tion to suspend the rules and pass the Conaway Hochul Nunnelee Connolly (VA) Holden Olson So (two-thirds being in the affirma- bill (H.R. 2779) to exempt inter-affiliate tive) the rules were suspended and the swaps from certain regulatory require- Cooper Honda Olver Costello Hoyer Owens bill, as amended, was passed. ments put in place by the Dodd-Frank Cravaack Huelskamp Palazzo Wall Street Reform and Consumer Pro- Crawford Huizenga (MI) Pallone The result of the vote was announced tection Act, as amended, on which the Crenshaw Hultgren Pastor (AZ) as above recorded. Critz Hunter Paulsen yeas and nays were ordered. Crowley Hurt Pearce A motion to reconsider was laid on The Clerk read the title of the bill. Cuellar Israel Pelosi the table.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4094 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 BUSINESS RISK MITIGATION AND Levin Pence Sessions A motion to reconsider was laid on PRICE STABILIZATION ACT OF 2012 Lewis (CA) Perlmutter Sewell the table. Lewis (GA) Peters Sherman The SPEAKER pro tempore. The un- Lipinski Peterson Shimkus PERSONAL EXPLANATION finished business is the vote on the mo- LoBiondo Petri Shuler Mr. AKIN. Madam Speaker, on rollcall Nos. Loebsack Pingree (ME) Shuster tion to suspend the rules and pass the Lofgren, Zoe Pitts Simpson 127 and 128, I would have voted ‘‘yes.’’ bill (H.R. 2682) to provide end user ex- Long Platts Sires PERSONAL EXPLANATION emptions from certain provisions of the Lowey Poe (TX) Slaughter Lucas Polis Mr. JOHNSON of Illinois. Madam Speaker, Commodity Exchange Act and the Se- Smith (NE) Luetkemeyer Pompeo Smith (NJ) on Monday, March 26, 2012, I had a pre- curities Exchange Act of 1934, and for Luja´ n Posey Smith (TX) viously scheduled meeting with small business other purposes, as amended, on which Lummis Price (GA) Smith (WA) owners in Champaign, Illinois. As a result, I Lungren, Daniel Price (NC) the yeas and nays were ordered. Southerland am unable to attend to attend votes this E. Quayle Speier The Clerk read the title of the bill. Lynch Quigley Stearns evening. Had I been present, I would have The SPEAKER pro tempore. The Maloney Rahall Stivers voted ‘‘aye’’ on H.R. 2779—To exempt inter- Manzullo Reed Stutzman question is on the motion offered by Marino Rehberg affiliate swaps from certain regulatory require- Sullivan the gentleman from New Jersey (Mr. Matheson Renacci ments put in place by the Dodd-Frank Wall Sutton Matsui Ribble GARRETT) that the House suspend the Terry Street Reform and Consumer Protection Act; McCarthy (CA) Richardson rules and pass the bill, as amended. Thompson (CA) ‘‘aye’’ on H.R. 2682, the Business Risk Mitiga- McCaul Richmond Thompson (PA) This is a 5-minute vote. McClintock Rigell tion and Price Stabilization Act of 2011. Thornberry McCollum Roby The vote was taken by electronic de- Tiberi McCotter Roe (TN) f vice, and there were—yeas 370, nays 24, Tipton McDermott Rogers (AL) not voting 37, as follows: Tonko McHenry Rogers (KY) THE JOURNAL [Roll No. 128] McKeon Rogers (MI) Tsongas McKinley Rokita Turner (NY) The SPEAKER pro tempore. The un- YEAS—370 Turner (OH) McMorris Rooney finished business is the question on Ackerman Clarke (MI) Gohmert Rodgers Ros-Lehtinen Upton Adams Clarke (NY) Gonzalez McNerney Roskam Van Hollen agreeing to the Speaker’s approval of Aderholt Clay Goodlatte Meehan Ross (AR) Visclosky the Journal, which the Chair will put Alexander Cleaver Gosar Meeks Ross (FL) Walberg de novo. Walden Altmire Clyburn Gowdy Mica Rothman (NJ) The question is on the Speaker’s ap- Amash Coble Granger Michaud Roybal-Allard Walsh (IL) Amodei Coffman (CO) Graves (GA) Miller (FL) Royce Walz (MN) proval of the Journal. Andrews Cole Graves (MO) Miller (MI) Runyan Wasserman The question was taken; and the Austria Conaway Green, Al Miller, Gary Ruppersberger Schultz Speaker pro tempore announced that Baca Connolly (VA) Green, Gene Moore Ryan (OH) Waters Bachmann Cooper Griffin (AR) Moran Ryan (WI) Watt the ayes appeared to have it. Bachus Costello Griffith (VA) Mulvaney Sa´ nchez, Linda Waxman RECORDED VOTE Baldwin Courtney Grimm Murphy (CT) T. Webster Mr. GARAMENDI. Madam Speaker, I Barletta Cravaack Guinta Murphy (PA) Sanchez, Loretta Welch Barrow Crawford Guthrie Myrick Sarbanes West demand a recorded vote. Bartlett Crenshaw Hahn Napolitano Scalise Westmoreland A recorded vote was ordered. Barton (TX) Critz Hall Neugebauer Schakowsky Whitfield The SPEAKER pro tempore. This Bass (CA) Crowley Hanabusa Noem Schiff Wilson (FL) Bass (NH) Cuellar Hanna Nunes Schilling Wilson (SC) will be a 5-minute vote. Becerra Culberson Harper Nunnelee Schmidt Wittman The vote was taken by electronic de- Benishek Cummings Harris Olson Schock Wolf vice, and there were—ayes 310, noes 80, Berg Davis (CA) Hartzler Olver Schrader Womack answered ‘‘present’’ 4, not voting 37, as Berkley Davis (IL) Hastings (FL) Owens Schwartz Woodall Biggert Davis (KY) Hastings (WA) Palazzo Schweikert Woolsey follows: Bilbray DeFazio Hayworth Pallone Scott (SC) Yarmuth [Roll No. 129] Bilirakis DeGette Heck Pastor (AZ) Scott (VA) Yoder Bishop (GA) DeLauro Hensarling Paulsen Scott, Austin Young (AK) AYES—310 Bishop (NY) Denham Herger Pearce Scott, David Young (FL) Ackerman Butterfield Davis (KY) Black Dent Herrera Beutler Pelosi Sensenbrenner Young (IN) Aderholt Calvert DeGette Blackburn DesJarlais Higgins Alexander Camp DeLauro Blumenauer Diaz-Balart Himes NAYS—24 Altmire Canseco Denham Bonamici Doggett Hinojosa Berman Hinchey McGovern Amodei Cantor Dent Bonner Dold Hochul Cicilline Hirono Miller (NC) Austria Capito DesJarlais Bono Mack Dreier Holden Cohen Kaptur Miller, George Baca Capps Deutch Boren Duffy Holt Conyers Kildee Nadler Bachmann Cardoza Diaz-Balart Boswell Duncan (SC) Honda Deutch Kucinich Serrano Bachus Carnahan Dingell Boustany Duncan (TN) Hoyer Dingell Langevin Stark Barletta Carney Doggett Brady (PA) Edwards Huelskamp Filner Lee (CA) Tierney Barrow Carson (IN) Dreier Brady (TX) Ellison Huizenga (MI) Grijalva Markey Vela´ zquez Bartlett Carter Duffy Braley (IA) Ellmers Hultgren Barton (TX) Cassidy Duncan (SC) Brooks Emerson Hunter NOT VOTING—37 Bass (CA) Chabot Duncan (TN) Broun (GA) Engel Hurt Akin Jackson (IL) Neal Bass (NH) Chaffetz Edwards Buchanan Eshoo Israel Bishop (UT) Jackson Lee Nugent Becerra Chandler Ellison Bucshon Farenthold Issa Brown (FL) (TX) Pascrell Berg Cicilline Ellmers Burgess Farr Jenkins Buerkle Johnson (GA) Paul Berkley Clarke (MI) Emerson Burton (IN) Fattah Johnson (OH) Campbell Johnson (IL) Rangel Berman Clarke (NY) Engel Butterfield Fincher Johnson, E. B. Costa Jones Reichert Biggert Clay Eshoo Calvert Fitzpatrick Johnson, Sam Dicks Kelly Reyes Bilbray Cleaver Farenthold Camp Flake Jordan Bilirakis Clyburn Farr Donnelly (IN) Kissell Rivera Canseco Fleischmann Keating Doyle Landry Bishop (GA) Coble Flake Rohrabacher Cantor Fleming Kind Flores Mack Black Cohen Fleischmann Rush Capito Fortenberry King (IA) Forbes Marchant Blackburn Cole Fleming Thompson (MS) Capps Foxx King (NY) Gutierrez McCarthy (NY) Blumenauer Connolly (VA) Fortenberry Capuano Frank (MA) Kingston Heinrich McIntyre Towns Bonamici Cooper Frank (MA) Cardoza Franks (AZ) Kinzinger (IL) Bonner Costa Franks (AZ) Carnahan Frelinghuysen Kline b 1903 Bono Mack Courtney Frelinghuysen Carney Fudge Labrador Mr. CICILLINE changed his vote Boren Crawford Fudge Carson (IN) Gallegly Lamborn Boustany Crenshaw Gallegly Carter Garamendi Lance from ‘‘yea’’ to ‘‘nay.’’ Brady (TX) Critz Garamendi Cassidy Gardner Lankford So (two-thirds being in the affirma- Braley (IA) Crowley Gerlach Castor (FL) Garrett Larsen (WA) tive) the rules were suspended and the Brooks Cuellar Gingrey (GA) Chabot Gerlach Larson (CT) bill, as amended, was passed. Broun (GA) Culberson Gonzalez Chaffetz Gibbs Latham Buchanan Cummings Goodlatte Chandler Gibson LaTourette The result of the vote was announced Bucshon Davis (CA) Gosar Chu Gingrey (GA) Latta as above recorded. Burton (IN) Davis (IL) Gowdy

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4095 Granger Marino Runyan Walden Waters Yoder If the Supreme Court upholds this Graves (GA) Matheson Ruppersberger Walsh (IL) Woodall Young (AK) law, we will be on a path of return to Graves (MO) Matsui Ryan (WI) ANSWERED ‘‘PRESENT’’—4 Green, Al McCarthy (CA) Sanchez, Loretta the philosophy of the British Crown, Griffith (VA) McClintock Scalise Amash Gohmert where Americans were mere subjects of Grimm McCollum Schiff Conyers Owens omnipotent, unlimited government. Guinta McDermott Schilling NOT VOTING—37 Then the constitutional days of limited Guthrie McHenry Schmidt Hahn McKeon Schock Akin Jackson (IL) Neal government will drown in the abyss of Hall McKinley Schrader Bishop (UT) Jackson Lee Nugent the sea. Hanabusa McMorris Schwartz Brown (FL) (TX) Pascrell And that’s just the way it is. Harper Rodgers Buerkle Johnson (GA) Schweikert Paul f Hartzler McNerney Scott (SC) Campbell Johnson (IL) Rangel Hastings (FL) Meeks Scott (VA) Dicks Kelly Reichert TRAYVON MARTIN Hastings (WA) Mica Scott, Austin Donnelly (IN) Kissell Reyes Hayworth Michaud Doyle Landry Scott, David Rivera (Ms. WILSON of Florida asked and Hensarling Miller (FL) Flores Mack Sensenbrenner Rohrabacher was given permission to address the Herger Miller (MI) Forbes Marchant Serrano Rush House for 1 minute and to revise and Higgins Miller (NC) Gibbs McCarthy (NY) Sessions Thompson (MS) Himes Miller, Gary Gutierrez McCaul extend her remarks.) Sewell Towns Hinchey Moore Heinrich McIntyre Ms. WILSON of Florida. Mr. Speaker, Sherman Hinojosa Moran today I rise to continue my calls for Hirono Mulvaney Shimkus b 1911 Shuster justice in the murder of Trayvon Mar- Hochul Murphy (CT) Messrs. HANNA and HOYER changed Holt Murphy (PA) Simpson tin. Huelskamp Myrick Sires their vote from ‘‘aye’’ to ‘‘no.’’ It has been 30 days since his death, Hultgren Nadler Smith (NE) Mr. TONKO changed his vote from exactly 1 month since the Sanford po- Hurt Napolitano Smith (NJ) ‘‘no’’ to ‘‘aye.’’ lice actually talked to the killer as he Issa Neugebauer Smith (TX) So the Journal was approved. Jenkins Noem Smith (WA) hunted and pursued young Trayvon Johnson, E. B. Nunes Southerland The result of the vote was announced with a loaded gun in his pocket. From Johnson, Sam Nunnelee Speier as above recorded. every indication and every piece of evi- Jones Olson Stearns f dence we have, George Zimmerman was Jordan Palazzo Stivers Kaptur Pallone Stutzman REPORT ON RESOLUTION PRO- the aggressor in this case. Keating Paulsen Sullivan VIDING FOR CONSIDERATION OF This is a classic case of racial Kildee Pearce Sutton H.R. 3309, FEDERAL COMMUNICA- profiling. He pursued Trayvon as he Kind Pelosi Thompson (PA) walked down the sidewalk. The police King (IA) Pence TIONS COMMISSION PROCESS RE- Thornberry dispatcher said, Stand down. Leave the King (NY) Perlmutter Tiberi FORM ACT OF 2012 Kingston Petri Tierney boy alone. And Trayvon ended up dead, Kinzinger (IL) Pingree (ME) Tonko Mr. WEBSTER, from the Committee a small 17-year-old from Miami whom Kline Pitts Tsongas on Rules, submitted a privileged report we all love. Labrador Platts Turner (NY) Lamborn Polis (Rept. No. 112–422) on the resolution (H. This is not a victim we will forget. Turner (OH) Lance Pompeo Res. 595) providing for consideration of Upton We will fight. We know who his killer Langevin Posey Van Hollen the bill (H.R. 3309) to amend the Com- is. We will not be quiet. I demand jus- Lankford Price (GA) Walz (MN) munications Act of 1934 to provide for Larsen (WA) Price (NC) tice for Trayvon. I demand justice for Wasserman Larson (CT) Quigley greater transparency and efficiency in Trayvon’s family, and I demand justice Schultz Latham Rehberg the procedures followed by the Federal Watt for all of America’s murdered children. LaTourette Richardson Communications Commission, which Latta Richmond Waxman f Levin Rigell Webster was referred to the House Calendar and Lewis (CA) Roby Welch ordered to be printed. HIGH GAS PRICES Lipinski Roe (TN) West (Mr. THOMPSON of Pennsylvania Westmoreland f Loebsack Rogers (AL) asked and was given permission to ad- Lofgren, Zoe Rogers (KY) Whitfield THE CHOICE: LIMITED GOVERN- dress the House for 1 minute and to re- Long Rogers (MI) Wilson (FL) MENT V. UNLIMITED GOVERN- Lowey Rokita Wilson (SC) vise and extend his remarks.) Lucas Ros-Lehtinen Wittman MENT Mr. THOMPSON of Pennsylvania. Luetkemeyer Roskam Wolf (Mr. POE of Texas asked and was Mr. Speaker, everywhere I go, Ameri- Luja´ n Ross (AR) Womack Lummis Ross (FL) Woolsey given permission to address the House cans are feeling the pinch of high gas Lungren, Daniel Rothman (NJ) Yarmuth for 1 minute and to revise and extend prices. In response, the President has E. Roybal-Allard Young (FL) his remarks.) begun to claim he supports the Repub- Maloney Royce Young (IN) Mr. POE of Texas. Mr. Speaker, the licans’ all-of-the-above energy policy. NOES—80 Founders purposely defined the role of Although the words sound inclusive, a government in the U.S. Constitution to glance at the record suggests that Adams Griffin (AR) Peters Andrews Grijalva Peterson protect ‘‘We the people’’ from the President Obama really means none of Baldwin Hanna Poe (TX) chains of government. the below. Benishek Harris Quayle Today, the United States Supreme The policy is none of the below on Bishop (NY) Heck Rahall Boswell Herrera Beutler Court began 3 days of oral arguments Federal lands. On average, the Bush Reed on the nationalized health care law. and Clinton administrations leased Brady (PA) Holden Renacci Burgess Honda Ribble The issue: whether or not the Federal more than 3 million acres for oil and Capuano Hoyer Rooney Government has the constitutional au- gas development per year. The Obama Castor (FL) Huizenga (MI) Ryan (OH) Chu Hunter thority to force citizens to buy govern- administration has leased less than 2 ´ Coffman (CO) Israel Sanchez, Linda ment-approved insurance. million acres per year. On Federal Conaway Johnson (OH) T. Sarbanes But much more than that is at stake. lands, oil and gas production was down Costello Kucinich Mr. Speaker, if this law stands, it is Cravaack Lee (CA) Schakowsky in the last year. There are now fewer DeFazio Lewis (GA) Shuler the end of limited government as we offshore production facilities in Fed- Dold LoBiondo Slaughter know it and the beginning of unlimited eral waters than have been for more Fattah Lynch Stark government forced upon the people. than 50 years. Filner Manzullo Terry Fincher Markey Thompson (CA) Citizens are frightened. Do the President’s policies matter for Fitzpatrick McCotter Tipton Our ancestors were forced to pay a gas prices? The Washington Post ar- Foxx McGovern Vela´ zquez tax on tea, so they threw the British gues that global oil prices are being Gardner Meehan Visclosky tea in the sea. This nationalized health driven up by a decline in global supply Garrett Miller, George Walberg Gibson Olver care law should be thrown into the sea relative to the demand of about a mil- Green, Gene Pastor (AZ) of government oppression. lion barrels of oil a day. That’s a lot of

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4096 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 oil. But let’s keep that in perspective. nounced policy of January 5, 2011, the Democrat and Republican Presidents. It’s less oil than the Keystone XL pipe- gentlewoman from the Virgin Islands The CBC alternative budget for fiscal line President Obama blocked could (Mrs. CHRISTENSEN) is recognized for 60 year 2013 continues that long tradition, carry each day to U.S. refineries. minutes as the designee of the minor- putting forth a plan that reduces the f ity leader. deficit over the next decade. It allevi- GENERAL LEAVE ates some of the harm inflicted by the PROVIDENCE ACADEMY WINS AA Budget Control Act, and increases eco- HOOPS TITLE Mrs. CHRISTENSEN. Mr. Speaker, I would like to ask unanimous consent nomic opportunities and job creation (Mr. PAULSEN asked and was given that all Members may have 5 legisla- by ensuring sustained investments in permission to address the House for 1 tive days to revise and extend their re- education, job training, transportation, minute and to revise and extend his re- marks and to add any extraneous ma- infrastructure, and advanced research marks.) terial on the subject matter of the Spe- and development. The Congressional Mr. PAULSEN. Mr. Speaker, the cial Order. Black Caucus budget proposes signifi- phrase ‘‘it has never been done before’’ The SPEAKER pro tempore. Is there cant increases in these functions of the has often been used as a deterrent for objection to the request of the gentle- budget for fiscal year 2013 to further many of the world’s firsts. But thanks woman from the Virgin Islands? accelerate our economic recovery and to teamwork, discipline, and avid de- There was no objection. ensure a recovery is felt in every cor- termination, the Providence Academy Mrs. CHRISTENSEN. Mr. Speaker, ner of our Nation. At the same time, Lions girls’ basketball team won the soon we will be called upon to vote on the CBC budget protects and enhances very first State championship in their a budget for 2013. Budgets are supposed the social safety net that saved mil- school’s history. So I want to con- to be a statement of our values and our lions of families from poverty during gratulate Providence and recognize vision, and this is the case with the the Great Recession. their hard-fought road to victory. Congressional Black Caucus budget. Unlike the proposed Republican In an incredible game, the Lions The values that we support in our budget, the CBC budget does not sig- erased a second half, seven-point def- budget are American values. As it says nificantly reduce Medicaid or cut food icit to take the win in the Minnesota in the title, it restores America’s assistance or force seniors to con- AA girls’ basketball State champion- tribute more of their hard-earned ship game, proving that it’s not over promise and invests in our future. And at this time, I would like to money towards their health care ex- until the final whistle blows. yield to the person who leads us in de- penses by dismantling Medicare and When asked about the game, it was other vital support services. The CBC team member Mary Ann Healy who re- veloping the Congressional Black Cau- cus budget and who has done so for sev- budget achieves all of this by making marked: ‘‘We all went out there as hard tough but responsible decisions to pay as we could.’’ eral years, one of the senior members on the Budget Committee, Congress- for tax cut extensions by making our Mr. Speaker, these young student tax system fairer, closing corporate athletes truly extol the hard work and man BOBBY SCOTT of Virginia. Mr. SCOTT of Virginia. I thank the loopholes and preferences that have poise of champions. On behalf of all contributed to the loss of American Minnesotans, I would like to congratu- gentlelady for yielding. Mr. Speaker, we have difficult jobs. late the team, congratulate Coach Fin- Deficit reduction and the path of fis- ley, the parents of these athletes, and choices to make when it comes to ad- dressing our budget deficit, but the Re- cal responsibility must not be on the the entire school as you celebrate your backs of our Nation’s most vulnerable win. publican budget makes the wrong choices by deeply cutting vital pro- citizens. We cannot win the future by f grams like Medicare, Medicaid, edu- leaving our most vulnerable behind. TRAYVON MARTIN cation, job training, and transpor- Our success as a Nation is interwoven tation to pay for massive tax cuts that in the success of every community, and (Mr. AL GREEN of Texas asked and this goal is reflected in the Congres- primarily benefit the wealthiest Amer- was given permission to address the sional Black Caucus alternative budget House for 1 minute and to revise and icans. Our Nation’s communities of color for fiscal year 2013. extend his remarks.) Now let me go through some of the have been hardest hit by the effects of Mr. AL GREEN of Texas. I yield to details of the budget, because many of the Great Recession, and the Repub- my colleague from Florida. the budgets that have been presented lican budget does little to address the Ms. WILSON of Florida. Mr. Speaker, in the past have missing numbers or this is Trayvon Martin. priorities of these communities. Even unspecified cuts or things that you Trayvon Martin’s murderer is still at as our Nation’s economy has created know aren’t going to happen. These are large. It’s been 1 month, 30 days with nearly 3.9 million private sector jobs our recommendations for a budget and no arrest. I want America to see this since February 2010, communities of where we are on the bottom line. sweet, young boy, who was hunted color still are experiencing dispropor- The CBC budget assumes as its base- down like a dog, shot in the street, and tionately higher rates of unemploy- line all of the President’s spending and his killer is still at large. ment, home foreclosure, educational revenue assumptions. The CBC budget Not one person has been arrested in disadvantages, and economic hardship. then not only extends certain tax cuts Trayvon’s murder. I want to make sure As a result, vulnerable communities but also pays for all of the tax cuts for that America knows that in Sanford, are increasingly relying on public pro- hardworking, middle-class Americans, Florida, there was a young boy mur- grams to meet their basic needs. and then it enacts tax reform measures dered. He’s buried in Miami, Florida, With the passage of the fiscal year to pay for the extension, raising nearly and not one person has been arrested 2011 continuing resolution, then the $4 trillion in new revenue over the next even though we all know who the mur- Budget Control Act of 2011 and the fis- decade. derer is. cal year 2012 Consolidated Appropria- We do that by: This was a standard case of racial tions Act, these same vital programs Reining in Wall Street speculation profiling. No more, no more. We will have been slashed and targeted with with a financial speculation tax that stand for justice for Trayvon Martin. even deeper cuts in the House Repub- will raise approximately $840.9 billion f lican budget even as tax cuts for the over 10 years; b 1920 wealthiest Americans are extended Ensuring Wall Street bankers pay without problems. the same tax rates as working Ameri- CONGRESSIONAL BLACK CAUCUS The Congressional Black Caucus has cans by taxing carried interest, divi- ALTERNATIVE 2013 BUDGET a long history of submitting fiscally dends, and capital gains as ordinary in- The SPEAKER pro tempore (Mr. sound and morally responsible alter- come, which will raise almost $1 tril- HARRIS). Under the Speaker’s an- natives to budgets proposed by both lion over 10 years;

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4097 Enacting the Buffett Rule and adding billion compared to the Republican tunity to support American innovation a millionaire surcharge similar to the budget over the next decade. It is more and to develop emerging technologies legislation that was in the House fiscally responsible. It addresses the that create the jobs of the future. In version of the Affordable Care Act. needs of our public, and, therefore, I addition, the Republican budget would That will raise approximately $600 bil- would hope that we would adopt the fail our students by proposing drastic lion over 10 years; Congressional Black Caucus budget and cuts that would devastate education Closing certain tax loopholes and not the Republican budget that will be funding and increase costs for college preferences. There are so many of them presented on the floor. students. It would allow higher inter- that, by closing those loopholes and de- And I yield back to the gentlelady est rates on student loans starting this ductions, we can raise $1.3 trillion over from the Virgin Islands. year and eliminate the income-based 10 years; and Mrs. CHRISTENSEN. Thank you, repayment plans that help graduates Ending the mortgage interest deduc- Congressman SCOTT. Thank you for manage their loans. tion for vacation homes and yachts, your leadership over all of these years In contrast to the Republican budget, which will add a few billion dollars in developing such a responsible budg- the CBC budget would increase the over 10 years. et. The CBC is proud to offer that as an maximum Pell Grant by nearly $1,000 The bill also protects Social Secu- alternative again this year. and invest an additional $25 billion rity, Medicare, Medicaid, food assist- Now I would like to yield to Con- above the President’s budget in edu- ance, welfare under TANF, unemploy- gresswoman MARCIA FUDGE of Ohio, cation and job training in fiscal year ment insurance, and other vital safety who is a member of the Education and 2013, alleviating State and local edu- net programs that are hit hard by the the Workforce Committee. She is a cation budget cuts and protecting jobs Republican budget. strong advocate for education and clos- for teachers. We restore important funding for ing the achievement gap and for many Even the middle class is not spared programs that were cut under the of the safety net programs that we pro- from the Republican cuts. The Repub- Budget Control Act, cancel the seques- tect in this budget. lican budget would outsource jobs ter for security and nonsecurity pro- Ms. FUDGE. I would like to thank through tax policies. It would actually grams, match the Democratic alter- my colleague, Representative encourage multinational companies to native budget on defense, and invest CHRISTENSEN, for her work and con- ship thousands of jobs overseas while another $153 billion over the next dec- tinuing to anchor this CBC hour. I costing the American economy billions ade in vital programs that will accel- think it is very, very important. She is of dollars. erate our economy and support hard- very special because she is determined By contrast, the CBC budget would working American families. to make sure that the United States ensure that Wall Street bankers pay We do that by increasing the max- knows that we, the CBC, are fighting the same tax rates as working Ameri- imum Pell Grant by $1,000, to a total of for them every day. And I thank you. cans by taxing carried interest, divi- $6,500. We invest an additional $25 bil- Mr. Speaker, I rise to address the dends, and capital gains as ordinary in- lion above the President’s budget in devastating impacts that the Repub- come. The CBC budget would close cor- education and job training in 2013 lican budget would have on the middle porate tax loopholes, adding approxi- alone. We also continue unemployment class and American workers, as well as mately $1.3 trillion in revenue over 10 benefits and provide benefits for those students, seniors, and the poor. years. who, through no fault of their own, A budget, Mr. Speaker, is a reflection Just like last year, the Republican have been unemployed for more than 99 of priorities. It exemplifies objectives budget would end the Medicare guar- weeks. We invest an additional $50 bil- and goals. The Republicans’ priorities antee and shift costs to seniors. Rather lion in job creating transportation and are clear: cut taxes for the most than having the guaranteed coverage of infrastructure programs in 2013, alone, wealthy Americans while achieving benefits, seniors would receive a vouch- and $155 billion above the President’s deficit reduction through drastic er. Yet the voucher will not grow as budget over the next decade. We match spending cuts to Medicare, Medicaid, quickly as health care costs—simply the independent budget for Veterans SNAP, and other important programs. shift costs on to seniors. As the AARP Affairs, as recommended by a coalition The Republican budget would abandon pointed out: of veterans’ groups. We invest $12 bil- the economic recovery we are in and The premium support method described in lion more in advanced research and de- implement policies that ship American the Republican proposal would likely ‘‘price velopment programs like NASA, the jobs overseas. out’’ traditional Medicare as a viable option, Department of Energy, and the Na- thus rendering the choice of traditional tional Science Foundation, which will b 1930 Medicare as a false promise. create jobs now and in the future. We It would assume deep cuts in trans- The CBC budget would support our have additional funding for housing, portation spending next year, ignore seniors, working Americans, and the foreclosure assistance, and other im- job creation, and reject sensible pro- middle class. And the CBC budget will portant programs and community de- posals for economic growth and future reduce the deficit by an additional $3.4 velopment. We provide an additional competitiveness. trillion as compared to the President’s $10 billion in vital health care pro- The Congressional Black Caucus will budget over the next decade. grams, such as community health cen- present a budget this week—thank you The Republican budget would repeat ters. And we create a public health in- to my colleague, Mr. SCOTT—that last year’s attempts to drastically re- surance option under the Affordable would protect seniors who rely on duce SNAP, formerly known as food Care Act, giving American people a Medicare, the disabled who need Med- stamps, for struggling families. It real choice when the exchanges come icaid, and the unemployed who would would slash SNAP funding by roughly into effect by allowing them to pick, as go hungry without SNAP. It would sup- $130 billion over 10 years and com- one of their choices, a public option. port our economy through investment pletely eliminate categorical eligi- Adopting a public option has been in transportation and infrastructure bility. SNAP is currently serving 47 scored as a $100 billion savings over 10 and would encourage American innova- million people, nearly three-quarters of years because those programs will cost tion. The Republican budget would re- whom are families with children. less. ject investments in innovation by cut- Throwing people off the rolls would When the dust settles, the CBC budg- ting funding for research and develop- make it practically impossible for peo- et will reduce the deficit by an addi- ment. It would ignore the benefits of ple to afford a nutritionally sound diet. tional $769 billion as compared to the these investments on future genera- For 2 years in a row, we’ve seen Re- Republican budget over the next dec- tions. publican priorities in the Republican ade. Let me say that again. We will re- Should the Republican budget go into vision for the Nation. Mr. Speaker, the duce the deficit by an additional $769 effect, we would miss a great oppor- Republican budget is the wrong plan

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4098 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 for American workers; it is the wrong course, the wealthy have gotten et, and it would ensure that our chil- plan for families trying to put food on wealthier. Those called ‘‘middle class’’ dren, our veterans, and seniors are pro- the table; it is the wrong plan for un- have been squeezed to the point where tected and adequately taken care of. employed Americans; the wrong plan they’re teetering and certainly could We invest in education and health care for students; and the wrong plan for go in either direction, that is, up with as well as in research and innovation. seniors. the right kinds of opportunities and Our budget provides revenue by enact- I urge my colleagues to support the down with the wrong kinds of opportu- ing tax measures that are fair, that budget presented by the Congressional nities. close loopholes, and that protect tax Black Caucus and to vote ‘‘no’’ on the I don’t believe that we can afford in cuts for hardworking, middle class proposed Republican budget. good conscience to continue to turn a families while protecting vital safety Mrs. CHRISTENSEN. Thank you, blind eye to census figures and month- nets that help the poor, and it provides Congresswoman FUDGE, and thank you ly data reports of the economic injus- them with stepping stones out of pov- for your strong defense of programs for tices and suffering being imposed upon erty. children, for our seniors, and for fami- a growing number of people. Moreover, Those safety nets that we protect lies across this country. we cannot continue to hold a great Na- are, for example, Social Security; I would now like to yield such time tion hostage for the sake of a few while Medicare; Medicaid—a critical pro- as he might consume to Congressman millions suffer. If we’re truly going to gram; the Supplemental Nutrition As- DANNY DAVIS, a strong fighter for address the crisis in America and put sistance Program, SNAP; Temporary health equity, for justice in our crimi- all Americans back to work and reduce Assistance for Needy Families, TANF; nal justice system. He is a valued mem- poverty, we must create a mixture of and many, many others. It does all of ber of the Ways and Means Committee. universal and targeted programs capa- that while reducing the deficit by an Mr. DAVIS of Illinois. First of all, I ble of weathering political obstacles. additional $3.4 trillion compared to the want to thank the gentlelady from the The Congressional Black Caucus al- President’s budget. Virgin Islands for her leadership in Our budget stands as a direct con- convening and anchoring these sessions ternative budget is a means to this trast to the Republican Ryan budget. that we hold each week. I also want to end. Indeed, the CBC budget safeguards The Ryan budget begins at the outset commend and pay tribute to Rep- investment in public education, Pell Grants, and transportation vital to by breaking the hard-fought agreement resentative BOBBY SCOTT for the tre- on caps set in the Budget Control Act mendous leadership and work that he equipping minority youth and adults in 2011. If they can’t keep their word on provides each year in helping the Con- with skill sets so that they can obtain something that they forced an agree- gressional Black Caucus analyze, syn- and maintain access to gainful sustain- ment on, then what will they keep thesize, and look seriously at how we able employment in our ever-changing their word on? So the Republican budg- move forward as we prepare a budget. global economy; and also by renovating As has already been indicated, budg- and building new schools and investing et begins across-the-board cuts at 5.4 ets are indications of priorities—what an additional $50 billion in transpor- percent in 2013. They do not cut any de- is it that you’re really hoping to do; tation and infrastructure in 2013 and fense spending, as agreed to in the what do you really hope to accomplish. $155 billion above the President’s budg- Budget Control Act; but in 2014, they And so this budget I view as a tremen- et over the next decade, repairing and would reduce those caps 19 percent dously positive alternative to any of building bridges across lakes, rivers, below the agreed-to cap in non-defense our budgets that I have seen at this and streams, but also bridges to oppor- spending over 10 years. And I guess time. So I rise in strong support of the tunity. they know that the Supreme Court ar- guments made by those 26 States that Congressional Black Caucus’ FY 2013 b 1940 alternative budget. began today against the Affordable February’s job report reveals 3 The Congressional Black Caucus Care Act are not going to win the day, months of strong jobs growth in Amer- budget protects the health care safety that the Court will uphold the con- ica. And while there is a sigh of relief net programs that have been developed. stitutionality of the law, and so the for millions of consumers and the un- It also protects Second Chance funding Republican budget would repeal the Af- employed moving from the sidelines in while restoring funding to Department fordable Care Act. search of work with hopes that their of Justice programs for citizens who Just take a look at what Republicans prospects will improve, there is little are returning home from jail and pris- take out of health care. They would change for the 5.4 million long-term on with serious barriers to employ- cut funding for the Indian Health Serv- unemployed, 8.1 million involuntary ment. ice by 19 percent beginning in 2014. part-time workers, and marginally at- We hold these truths to be self-evi- That would greatly diminish access to tached individuals no longer in the dent that if America is to become the health care for the American Indians labor force who wanted and were avail- America that it has never been but the who already suffer disproportionately able for work and who looked for a job America that all of us hope for and from many diseases and, as a result, at some point during the last 12 know that it can be, then we would who have a very low life expectancy months. take the principles encased in the Con- compared to the white population. And so it becomes obvious that any gressional Black Caucus budget and In the Republican budget, there are budget should have at its core job-cre- comply those to whatever budgets are cuts to funding for the Centers for ation opportunities so that people can ultimately passed. Medicare and Medicaid Services which experience this opportunity, or this So, again, I want to commend Mr. would make it very difficult for that commodity, that we call work. SCOTT, and I want to thank Delegate agency to meet its responsibilities in Appearances of an economy poised CHRISTENSEN. overseeing these critical programs. for growth does little for underserved Mrs. CHRISTENSEN. Thank you, There are also cuts to the Food and minorities residing in disinvested com- Congressman DAVIS. Drug Administration, which would re- munities blighted with high rates of I’d like to just say a few words about verse what Democrats were able to do joblessness, poor-performing schools, the Congressional Black Caucus budg- to strengthen protections in food and poverty, and crime. Indeed, the prom- et. I’m in strong support of this budget. medicines, and cutting back on those ise of a new day and new hopes are few As I said, it’s a responsible budget that programs would put the American pub- and far between for poor and low-in- is a statement of our values and prior- lic at an increased risk. come workers, generally, and returning ities; and as the title says, it restores While in this difficult economic cli- citizens with barriers to employment America’s promise to invest in our fu- mate the President’s budget managed in particular. ture. to fund NIH at its current level, the Indeed, over the past decade, the poor Our budget, as Congressman SCOTT Republican Ryan budget would jeop- in America have gotten poorer. And, of said, builds upon the President’s budg- ardize new research by cutting that

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4099 budget; and that research that would Those health provisions, as well as You have to notice that 10 years from lead to innovations in medicine and those in education, in research and in- now, when the decision gets made to improve lives would be jeopardized. In novation, and in the protection of the start to inflict this scheme on the addition, they cut WIC and turn SNAP safety net programs and tax fairness, younger people, the people who will be into a block grant, which weakens those in the CBC budget make it one keeping the promise for those over 55 their ability to help those who increas- that is clearly a statement of our val- aren’t the ones that made the promise. ingly find themselves food insecure as ues and priorities, a statement of They will be new representatives who the gap between the rich and poor has America’s values, values that everyone don’t have any commitment to keeping widened and incomes have plummeted. in this body should support. that promise. In fact, election after And it cuts the Republicans’ favorite At this time, I would like to yield election, some of the younger people target, the EPA, which would reduce again to our leader on the budget in may ask, well, are you going to con- our investments in public health and the CBC, Congressman BOBBY SCOTT. tinue taxing me to support a Medicare harm our ability to protect our public Mr. SCOTT of Virginia. I thank the program when all I’m going to get is a from air and water pollution and land gentlelady from the Virgin Islands for voucher? I want to know which one of contamination. her very strong statement. the candidates will either cancel the On the other hand, our budget, the Mr. Speaker, we have tough choices Medicare for everybody and have ev- CBC budget, which is always a very re- to make; and when we start the discus- erybody get this little voucher thing, sponsible budget—responsible to the sion with how much people will get in or continue the Medicare program for American people and fiscally respon- tax cuts, you know the rest of the dis- everybody. I want to know if anybody sible while providing more deficit re- cussion will not be serious. We have de- up there is going to tax me for a Medi- cided if you’re going to have tax cuts, duction than the Republican Ryan care program that I’m not going to get. if you’re going to extend them, they budget—still makes important invest- And after five election cycles, the peo- have to be paid for. That is the historic ments that are critical to a strong fu- ple that survive that will be the ones contrast between the CBC budget and ture, including in health care. dealing with the promise that others First of all, our budget upholds the the Republican budget. Now, Mr. Speaker, when people say made. Affordable Care Act and fully funds it, I doubt if any of them will be able to we have to cut Medicare, they should but it takes it one step further by cre- sustain that kind of pressure. When the look at the Republican budget because ating a public health insurance option time comes, either everybody will get the only reason you have to cut Medi- that by itself saves almost $103 billion care is to fund the tax cuts. If you do this little voucher thing or everybody in health care costs over the next dec- not extend the tax cuts, you don’t have will get a Medicare card. The idea that ade. It adds $10 billion to health care to cut Medicare. When the same budget some will get a nice, big Medicare funding in the 2013 budget, and that $10 includes massive tax cuts and cuts in package and everybody else coming be- billion more robustly funds the fol- Medicare, people ought to notice that hind get a little piece of voucher and lowing important programs, such as if you don’t have the tax cuts, you think that’s going to be sustained for the AIDS drug assistance programs, don’t have to cut Medicare. any length of time, I think they’ve got which have been underfunded for years, Now, the Republican budget has vir- another thought coming. causing States to drop persons from tually dismantled Medicare. It provides So people ought to recognize that their rosters with HIV and AIDS or re- a voucher, but I think they like to call even those over 55 have to protect ducing the coverage, reducing the ben- it—what?—a premium support some- Medicare. And the reason it’s being cut efits, and causing increasingly long thing or other. Basically, you dis- is so that millionaires can get their tax waiting lists. It also increases funding mantle your right to Medicare, and you cuts. You let those millionaires’ tax for Ryan White, the Minority AIDS Ini- get some money to go see if you can cuts expire, you don’t have to cut tiative, and prevention activities for buy some insurance in the private mar- Medicare. HIV, for STDs, for TB, and hepatitis. ket. It turns out that the amount of Now, as the gentlelady from the Vir- Our budget funds the Office of Minor- money you’re given—I’ll call it a gin Islands said, we have a responsible ity Health, which was expanded and voucher—will be about $6,000 short of budget. We name the cuts that are strengthened under the Affordable Care what you need to get the equivalent of made. We name the taxes that will be Act to improve health equity. We ex- Medicare coverage. That’s where the affected. And you can see exactly what pand and pay for oral health programs, savings is. You don’t reduce the cost of we’re doing. Unfortunately, in the Re- for health care facilities improvements health care; you just shift it over to publican budget, you get these unspec- and construction. We increase funding the seniors. ified cuts, 19 percent on average. Well, for the maternal and child health in you know it’s not going to be on aver- the Preventive Health Block Grant. We b 1950 age. It’s not going to be across the fund the Physician-Scientist Training Now, one of the ways they try to con- board because some programs won’t be program, which brings underrep- vince people to go along with it is they cut. You’re not going to cut the FBI by resented minorities into health care tell people who are paying attention, 19 percent. You’re not going to cut careers both in the practice of medi- those over 55, they say, well, it’s not Federal prisons by 19 percent. So all cine, as providers, and in research. We going to apply to you. We will continue those that you don’t cut you end up provide additional funding for sub- to plan for about 10 years, and then having to double up to meet your num- stance abuse and mental health serv- we’ll inflict this scheme on everybody ber, you’ve got to double up on the ices administration. else. next one. And we finally provide adequate Some people over 55 say, well, that’s So we have no idea what’s going to funding for the National Institute on good, I don’t have to worry about it. happen, other than all of these kind of Minority Health and Health Disparities Well, actually, people over 55 do have unspecified cuts. And hopefully at NIH. We also restore funding for the to worry about it because the people everybody’s thinking, well, that’s not REACH program, a very important pro- making the promise that you will be going to be my program, that’s not the gram that assists racial and ethnic mi- able to have a Cadillac Medicare pro- one I depend on, when in fact it might nority communities to develop pro- gram when people coming behind have not only be 19 percent, it might be 20, grams and unique approaches to health a little motor scooter for their health 30, 40 percent cuts in those programs. care just uniquely for those commu- care, and you think people are going to The fact is that the Congressional nities. pay taxes, when they’re going to get a Black Caucus budget is a responsible We fund many, many other health-re- motor scooter, for your Cadillac plan— budget, and it comes in almost $800 bil- lated programs and services. And still, I think the idea that they’re going to lion better on the bottom line than the with all of that, we reduce that deficit continue paying those taxes are re- Republican budget that will be the al- by $3.4 trillion over the next 10 years. mote. ternative. We have shown that you can

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4100 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 be responsible, you can be compas- Science, Space, and Technology, broadening York (Mr. REED) is recognized for 60 sionate, and you can be fiscally respon- participation in STEM remains a top priority of minutes as the designee of the major- sible. That’s the Congressional Black mine. Broadening participation is not a minor- ity leader. Caucus budget. ity issue or a gender issue, it is a national Mr. REED. Mr. Speaker, I rise to- Mrs. CHRISTENSEN. Thank you for competitiveness issue we all must work to ad- night and am joined down here by summarizing that for us and for point- dress for our country’s benefit. many of my colleagues as freshman ing out the very important point that, The under-representation of women and mi- Members of the U.S. House of Rep- in order to keep those tax cuts for the nority groups in STEM fields is a severe im- resentatives to have an open and hon- millionaires, those programs that so pediment to the formation of an adequate est conversation with you, Mr. Speak- many people in this country, the poor American STEM workforce. The increased er, and with all of America to talk and the middle class, depend on will be education and participation of this segment of about an issue that I believe is timely, cut. That’s a tradeoff that this country the workforce is essential to supplying the with the court case that is now pending should not be taking and we do not American economy with the STEM expertise in the United States Supreme Court support. the country needs to innovate and remain dealing with the Affordable Care Act, So we are very pleased to present our competitive. otherwise known as ‘‘ObamaCare,’’ oth- budget. As I said, and as Congressman In 2008, the US Census Bureau recorded erwise known as many other items, but SCOTT said, this is a very responsible African-Americans, Hispanics, and Native tonight we’ll be referring to it as budget that not only invests in the fu- Americans as making up 28.2 percent of the ObamaCare or the Affordable Care Act. ture and keeps America’s promise to US population, and yet, these groups only rep- To me, Mr. Speaker, it is clear that its people, but it saves money, $3.4 tril- resent a mere 10 percent of the science and ObamaCare is a legislative act that lion over 10 years to reduce the deficit. technology workforce. By the year 2050, mi- overpromises, overspends, and under- With that, we ask for the support of norities are predicted to represent 55 percent performs, all at the expense of hard- our colleagues, and I yield back the of the college population. working taxpayers. The law does little balance of my time. As a Caucus we support funding increases to get to the root cause of the problem Ms. EDDIE BERNICE JOHNSON of Texas. in programs which broaden participation in the in health care, and that is escalating Mr. Speaker, I rise in support of the Congres- sciences. Low-income and minority commu- cost increases across America. To me, sional Black Caucus (CBC) alternative budget. nities bear a disproportionate share of the na- the law is more focused on health in- The CBC Budget proposes an additional tional shortfall of highly qualified STEM teach- surance reform and does not do much $10 billion in funding for general Science, ers. Schools in these areas often lack ade- in regards to curving the increasing Space and Technology activities. Specifically, quate facilities such as science laboratories health care costs in America down. this funding will apply towards agencies I over- and other college preparatory tools that cul- Now, in the House of Representa- see as Ranking Member of the Committee, tivate a hands-on, interactive learning environ- tives, we have voted repeatedly to re- such as NASA; the National Science Founda- ment. peal this atrocious law. I believe that tion and NIST; and to many programs we spe- Of great importance to us are funding and is the best course of action for many cifically authorized in the America COMPETES programmatic focus on high-need areas, low- reasons, and I’m sure we’re going to Act and the America COMPETES Reauthor- income populations, and underrepresented get into those reasons tonight. But to- ization Act, including Noyce Scholarships; the groups wherever possible. We are pleased night we are joined by many freshman ADVANCE program for women faculty; Grad- and supportive of the many provisions within colleagues. What I’d like to do at this uate Research Fellowships; and many other the America COMPETES Act Reauthorization point in time is yield to my good friend important research and STEM education re- of 2010 which will result in improving the ef- from Georgia (Mr. SCOTT), a great lated programs. fectiveness and impact of activities to broaden Member of the freshman class and The CBC Budget also invests an additional participation across the entire $6 billion in re- president of the freshman class, to $2 billion towards Energy providing additional search grants at the National Science Founda- offer some comments in regards to the funding for the Advanced Research Projects tion. However, in order to expand participation same. Agency at the Department of Energy which of minorities in the sciences we still have Mr. AUSTIN SCOTT of Georgia. also falls under my Committee’s jurisdiction. some work to do. Thank you very much. We all know that our nation’s future strength We need to strengthen the capacity of com- Mr. Speaker, as you know, this week, is directly dependent upon our commitment to munity colleges in which many of our students the United States Supreme Court a robust science agenda. As members of the are enrolled. We need to award more grants began hearing testimony on the con- Congressional Black Caucus, we urge support directly to Historically Black Colleges and Uni- stitutionality of the President’s health for programs that broaden participation in versities (HBCU’s) involved in research col- care law, a law that, according to a science, technology, engineering and mathe- laborations, enabling these institutions to build USA Today poll, 72 percent of Ameri- matics, also called STEM. their research capacity in ways that serve their cans believe is unconstitutional. As we call for increased funding for pro- own faculty and students best. We should pro- Mr. Speaker, the key question is: If grams which broaden participation for STEM, vide more scholarships and other avenues to the Federal Government can mandate we are concerned that the Administration’s decrease the financial burden many African its citizens buy health insurance, then FY2013 budget holds funding for these critical American students disproportionately face. Fi- what can they not mandate from Wash- programs flat even as other STEM programs nally, we need to support programs which will ington, D.C., that the American citi- grow and new ones are created. We remain lead to more African American teachers and zens must buy? concerned that we still have not actually mentors. Mr. Speaker, the consequences of this moved the needle much in terms of participa- Mr. Speaker, as you know my commitment mandate are severe. If the Supreme tion in STEM by underrepresented groups na- to priorities of the Congressional Black Cau- Court does not overturn it, what will tionwide. cus remains strong and as Ranking Member the Federal Government allow them- Given the low participation by these groups of the Committee on Science, Space and selves to mandate next? Life insur- in most STEM disciplines, the changing demo- Technology I look forward to continuing to ance? Just one word difference, health graphics of this country are going to catch up work with the Administration to identify solu- insurance versus life insurance. Bank with us very soon with respect to having a tions to new, or persistent issues that threaten accounts? A red car instead of a blue STEM-skilled workforce for 21st Century jobs. to set our nation back even as we continue to one? Organic apples instead of grapes? In some industries we are already seeing a look forward to our future. President Obama has put America on a troubling skills gap that will only become f very steep and slippery slope, and worse if we don’t broaden participation in House Republicans are here to stop STEM by minorities, and women for that mat- FRESHMAN CLASS ON OBAMACARE him. ter. The SPEAKER pro tempore. Under During his takeover of one-sixth of As the first African American and first fe- the Speaker’s announced policy of Jan- the economy—and that’s what it’s male Ranking Member of the Committee on uary 5, 2011, the gentleman from New about, Mr. Speaker, it’s about the fact

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4101 that this is one-sixth of the economy— On the point about small businesses, a majority vote or a supermajority President Obama stated that if you I would refer to a McKenzie Group re- vote in the United States Senate. liked your plan, you can keep it. It was port that found that more than one- That’s 60 Members that have to vote a promise, a pledge he made to the half of employers with high awareness against something that IPAB does. American citizens. However, Ameri- of the impact of ObamaCare said in the When I read the United States Con- cans soon found out, as we know today, poll and in that report that they will stitution, article I, section 1, it’s at the exactly what he meant. stop offering health coverage when this very beginning, right after the pre- Under President Obama’s health care becomes fully implemented as a result amble, this is what it says: law, you technically have a choice: You of their concern as to the bureaucratic All legislative Powers herein granted shall can keep your current plan as he prom- pressure and the cost that this law is be vested in a Congress of the United States, ised, the health insurance plan that going to put on small business Amer- which shall consist of a Senate and House of you chose. And yes, as long as the ica. Representatives. President, by his commission of To me, that’s unacceptable. I know it I don’t see in there an Independent unelected bureaucrats, approves your is unacceptable to my colleague from Payment Advisory Board at all. I see a purchase, then you can keep the plan Georgia, and I so appreciate you enter- United States Congress made up of a without paying a penalty. However, if taining some time with us tonight. House and a Senate. That’s what the his bureaucrats don’t approve your With that, I would like to yield to United States Supreme Court ought to plan, you’ll pay a penalty. Mr. Speak- my good friend from South Carolina, a rule automatically unconstitutional in er, the American people know that’s great member of the freshman class, this bill. not a choice. Mr. JEFF DUNCAN. We can talk about a lot of other Two years after this bill was signed Mr. DUNCAN of South Carolina. I things, but that bill was wrong for into law, our worst suspicions are now want to thank the gentleman from New America. It’s going to cost small busi- being confirmed. Thanks to President York for his leadership on this issue. nesses, it’s going to stymie the econ- Obama and the Democrats who used I just got a text message a minute omy, and we may never recover from their control of Congress, Americans ago from my wife that said my young- what’s coming with the full implemen- will have higher costs and a reduced est son, he’s 11, hit an in-the-park tation of ObamaCare. level of care. home run, and I wasn’t there. I wasn’t Mr. REED. I thank the gentleman for The nonpartisan CBO estimates that there because we’re here serving in the his comments so much because the non-employer-sponsored health insur- United States Congress to try to make Independent Payment Advisory Board ance premiums will be 13 percent high- America better for my 11-year-old and is a classic example of what is wrong er than if this legislation had not been for children of this generation and fu- with ObamaCare. What they did in signed into law, Mr. Speaker. Over 90 ture generations. ObamaCare in the last congressional percent of seniors will lose their re- I believe that this particular legisla- session was delegate its authority to 15 tiree prescription drug coverage they tion that was passed by the last Con- unelected bureaucrats. You’re abso- currently enjoy, and also be hit with gress should be ruled unconstitu- lutely right. double-digit premium increases. The tional—for a lot of different reasons. And the worst thing about it, to my CBO has also noted that the health And I think my good friend from Flor- colleagues and Mr. Speaker, is that 15- care law ‘‘may’’ hinder job creation. ida (Mr. WEST) is going to talk momen- member board is not subject to any Now, Mr. Speaker, I believe there’s tarily about an article that he wrote, a open law requirements. They don’t no doubt this bill kills jobs. In fact, great op-ed, in a Washington newspaper have to conduct their hearings in pub- when you get right down to it, a small today. I thought it was spot-on, so I lic. They don’t have to conduct their business owner who has more than 50 don’t want to steal his thunder on that. deliberations with public input. It’s 15 employees is actually going to be en- He talks in there about the Inde- unelected bureaucrats that are making couraged to terminate the number of pendent Payment Advisory Board, this fundamental health care decisions that employees that they have above 50. committee of 15 members that Con- should be patient-centered relation- Otherwise, they will be penalized if gress basically divested some of its ships between a patient and a doctor. they do not comply with the law. Now, power, gave some of its power over to a But yet, under ObamaCare and the think about that, Mr. Speaker: Not 15-member panel. Affordable Care Act, what this Con- only does this law hinder job creation, Now, America needs to realize that gress did in the 111th Congress was del- but it forces employers to get to under this 15-member panel will be making egate its authority to 15 bureaucrats to the 50-employee threshold so that they decisions, health care decisions for you make those life-and-death decisions. will not have to deal with the job-kill- and your family. If you’re on Medicare, Mr. DUNCAN of South Carolina. Will ing bureaucracy that this bill forces this 15-member panel, IPAB, will be the gentleman yield? upon them. making decisions on what they’ll pay Mr. REED. I yield to the gentleman. Since coming to Congress last Janu- for, what treatment you can get, how Mr. DUNCAN of South Carolina. ary, the House Republican Conference long you can stay in a nursing facility That’s an interesting point, because has voted to repeal not only this health for rehab, a lot of different things. I’m on the Natural Resources Com- care bill in its entirety but the 1099 We’re divesting responsibility and deci- mittee. We deal with the EPA and a provision, which the President agreed sion-making to a panel. number of other, what used to be with us on; the CLASS Act, which the This Congress just last week passed known as the MMS, and now BOEMRE, President agreed with us on; and, most the repeal of that Independent Pay- that makes regulations regarding off- recently, the IPAB rules. ment Advisory Board, IPAB, as it’s shore drilling, and they can’t do any- known. We sent it to the abyss known thing without some public comment b 2000 as the United States Senate, because period. They can’t promulgate a regu- It’s time for the Senate and Presi- under that Democrat leadership under lation that isn’t subject to a public dent Obama to wake up and realize HARRY REID, they fail to take good, comment period and an appeal process. what the majority of Americans al- commonsense legislation up in the But from what I hear you saying is ready know: The Not So Affordable Senate for a vote. this 15-member board can pass some- Care Act is simply bad economic pol- But you know what? The last Con- thing in the dark of the night, in the icy, bad health care policy, and a viola- gress that passed what’s now known as back room, without transparency, tion of our constitutional rights as ObamaCare, the Affordable Care Act, without public input, without public American citizens. they gave some of their power away to comment period, and it will have the Mr. REED. I thank the gentleman this board, and anything that board force of law. from Georgia for joining us this does becomes law. And the only way Mr. REED. I so appreciate that com- evening. Congress can overturn that law is with ment.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4102 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 With that, at this point in time, I’d So my question to you, Mr. Speaker, no limits to what this body can make like to yield to a great colleague, Mr. is this: If health insurance is a good its citizens do if this law were upheld. TREY GOWDY from South Carolina. Mr. idea, how about life insurance? Because I thank the gentleman from New GOWDY has joined us this evening, and heaven knows we don’t need any more York, and I thank my other colleagues. I’m interested in hearing your generational debt in this country, Mr. Mr. REED. I thank the gentleman for thoughts on this topic. Speaker. It is not fair to pass on debt coming tonight and sharing the passion Mr. GOWDY. I thank the gentleman to subsequent generations. So, before of what we’re talking about when we’re from New York, and I thank my col- this week is done, why don’t we man- talking about ObamaCare and the con- league and friend from South Carolina, date life insurance? stitutionality and the concepts of fed- Mr. DUNCAN, my colleague and friend And I’ve seen study after study after eralism. It reminds me, Mr. Speaker, of from Georgia, Mr. SCOTT, my colleague study that good oral health is tanta- over 200 years ago our Founding Fa- and friend from the great State of Flor- mount to good overall health. So why thers had the brilliance, the vision, to ida, Colonel WEST, all of whom are ex- don’t we, before the week is over with, recognize that the Federal Government perts, Mr. Speaker, on the policy of Mr. Speaker, mandate that everyone is a limited Federal Government. The ObamaCare. must purchase dental insurance? If not, power of our government rests in the I want to talk to you about some- why not? people, not in the Federal Government. thing other than policy. I want to talk Mr. Speaker, as you know, I was a The power of our government rep- to you about the law. But I’m going to prosecutor in a former life, so I took resents in the local and State entities concede up front, Mr. Speaker, that great note of two Supreme Court cases, that are closest to the people. having health insurance is a wise idea. Lopez and Morrison. In Lopez, this I firmly believe in the 10th Amend- Having health insurance is a really, body passed the Gun Free School Zone ment and believe that the governments really good idea. Act, saying we don’t want guns on jun- that are closest to the people are the Walking over from the Longworth of- ior high and high school campuses. And best to be in the position to regulate fice building just a few minutes ago, the Supreme Court of the United and govern those people; and we should Mr. Speaker, I passed two dozen people States said, that may be a laudatory respect the U.S. Constitution and the who were out jogging or otherwise ex- public policy position, but Congress limited powers that are enumerated in ercising, and I can’t help but conclude has no business regulating the campus here, and recognize—and I hope that exercising is a wise idea. But Congress of high schools and junior high schools. the United States Supreme Court joins has not mandated exercise, not yet at Mr. Speaker, Congress also—and this least. The week’s not over with yet. me in that position in recognizing that issue is very near and dear to my heart But so far we have not mandated exer- there are limits to the Federal Govern- because I come from a State that has cise, despite the fact that it is a good ment. The interstate commerce clause policy. struggled mightily with the issue of do- has limits, and it’s not open-ended in Mr. Speaker, I couldn’t help, in talk- mestic violence. order to force us to purchase health in- ing to my wife tonight, to be reminded b 2010 surance for the sake of forcing us to engage in commerce in order to more that remembering our spouses’ birth- We have struggled mightily with days is also a wise idea. So far, al- effectively regulate interstate com- that. merce. though the week is not over with yet, So Congress passed a federalized Vio- Congress has not mandated that we re- I so agree with the gentleman from lence Against Women Act. In the South Carolina. If that is the holding member our spouses’ anniversaries. United States v. Morrison, the Su- So, up front, let’s acknowledge of the Court, then the Federal Govern- preme Court said that is a very laud- there’s a difference between being a ment has no bounds. The Federal Gov- able public policy. But the Commerce good idea and being a constitutional ernment will control every ounce, Clause of the Constitution does not idea, because, Mr. Speaker, what my every corner of our lives on a day-to- give you the power to tell the several question is for Colonel WEST from Flor- day basis. ida that I will ask initially rhetori- States how to handle domestic vio- With that, I would like to yield to cally, and then I’d like him to answer lence, and they struck it down. the gentleman from Florida (Mr. So we’ve got to, in this country, it, is: Can Congress make you eat WEST), whom I so enjoy being a col- beets? Because beets are good for you, somehow find a way to separate what league of here as a freshman Member of Mr. Speaker. You know that. You’re a is good public policy from what is the the U.S. House of Representatives. physician. What you eat matters. Can law of the land, because, Mr. Speaker, Mr. WEST. I want to thank my col- Congress make you eat okra? Can it I will tell you this: if the Supreme league from New York (Mr. REED), and make you eat cabbage? And if not, why Court says that Congress can make you I want to thank my colleague from not? purchase a private product like health South Carolina (Mr. GOWDY) and the If all we’re here to talk about is insurance, then I beg someone to tell previous colleague, Mr. DUNCAN, my whether or not something is a good me what are the limits to what we can freshman class president, my brother idea and there are no constitutional tell people to do. from Georgia, and also my colleague limits to what Congress can do, then Can we make them exercise? We all from the great State of Arkansas (Mr. my question is: Why not? Why can’t we know that’s good for you. If I’ve got to GRIFFIN). just debate this on the basis of public subsidize the health of people who are Mr. Speaker, very simply, the Su- policy? obese or have hypertension, why can’t preme Court has begun to consider the And the answer, Mr. Speaker, is this: I make them exercise? Because this is legality of the Patient Protection and Because we have a Constitution which America, and Congress can’t make you Affordable Care Act, also referred to as is the supreme law of the land, and the exercise. They can encourage you to do ObamaCare. The High Court will pore Constitution has specific enumerated it, but they can’t make you do it. over article I, section 8 of the Constitu- powers of what Congress can and, by Congress can’t make you buy dental tion to determine the meaning behind absence, cannot do. And the Commerce insurance, and Congress can’t make the words: you buy life insurance, and Congress Clause says that Congress can regulate The Congress shall have power to lay and commerce among the several States. can’t make you exercise or get out of collect taxes, duties, imposts and excises, to And that’s what this administration the rain when there’s lightning. There pay the debts, and provide for the common will be arguing this week, that that are lots of things that we ought to do defense and general welfare of the United one phrase, that Congress can regulate that Congress can’t make us do. States, to regulate commerce with foreign commerce among the several States, If the Supreme Court says that Con- nations and among the several States and gives this body the power to force ev- gress can make you purchase health in- with Indian tribes. eryone to purchase a private product, surance, Mr. Speaker, that is the end of The 2012 Supreme Court must now that being health insurance. federalism in this country. There are determine whether the Founders had

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4103 any intention of mandating the behav- At the heart of the Affordable Care The Patient Protection and Afford- ior of private enterprises and American Act is the Independent Payment Advi- able Care Act is unworkable and des- citizens. To me, Mr. Speaker, the an- sory Board, made up of 15 unelected of- tined to fail. One need only look back swer is obvious—absolutely not. ficials appointed by the President to a few years ago to the last Big Govern- Our Nation was founded on the Dec- one simple purpose: to reduce Medicare ment program with the word ‘‘afford- laration of Independence. Freedom of spending. The IPAB will be tasked with able’’ in it. Our colleague from the choice and a free market are at the and given the authority to reduce costs other side, BARNEY FRANK, brought core of our Nation’s soul. A govern- to the government by, among other forth the National Affordable Housing mental mandate for the behavior of in- things, limiting reimbursements to Act, and it, in less than a decade, man- dividuals and private enterprises is doctors. It doesn’t take a brain sur- aged to demolish the housing market, anathema to what our Founders in- geon, Mr. Speaker, to recognize that weaken financial institutions, and wipe tended. The prospect of having an this will lead to more physicians leav- out the net worth of millions of Ameri- unelected panel of bureaucrats deter- ing the Medicare system, reducing ac- cans. mining fundamental decisions about cess to care for our seniors, and lim- What makes anyone, Mr. Speaker, our individual health is perhaps the iting available treatments. think government intervention in most personal and intimate intrusion But this isn’t the most frightening health care will be successful? into our lives. part. Any recommendations that the ObamaCare is unconstitutional. As a This concept is absolutely absurd and IPAB automatically brings forth be- matter of fact, Mr. Speaker, it is anti- dangerous law, which surely ranks comes law. The only way around this constitutional. It violates those great, with the grievances laid down 236 years unprecedented amount of power for inalienable rights that Thomas Jeffer- ago in the Declaration of Independence. Washington bureaucrats is an act of son said do not come from man, they Grievances such as: Congress with a three-fifths super- come from our Creator—of life, liberty, He has forbidden his governors to pass laws majority in the Senate. In other words, and the pursuit of happiness. It vio- of immediate and pressing importance unless the unelected IPAB, appointed by the lates our individual sovereignty. And suspended in their operation until his assent President, essentially becomes its own most certainly it is probably one of the should be obtained, and when so suspended shadow legislative body. most awful pieces of American policy. he has utterly neglected to attend to them. The fundamental structure of our He has erected a multitude of new offices Mr. Speaker, I pray that after next government with three co-equal week’s Supreme Court decision—or and sent hither swarms of officers to harass branches and a careful system of our people and eat out their substance. whenever it comes—that this Patient He has combined with others to subject us checks and balances is being usurped. Protection and Affordable Care Act be- to a jurisdiction foreign to our Constitution, Our freedoms and liberties are being comes the most short-lived piece of and unacknowledged by our laws, giving his chipped away bit by bit. Our country is legislation in American history. assent to their acts of pretended legislation; being transformed step by step, incre- Mr. REED. I thank my colleague for imposing taxes on us without our con- mentally, into a centrally planned, sent; for taking away our charters, abol- from Florida. stringently controlled, bureaucratic Mr. AUSTIN SCOTT of Georgia. Will ishing our most valuable laws, and altering nanny State. fundamentally the forms of our govern- the gentleman yield? What I find most frightening is that Mr. REED. I yield to the gentleman ments. a portion of our populace willingly That’s why, Mr. Speaker, each and from Georgia. dons these shackles and like lemmings Mr. AUSTIN SCOTT of Georgia. every day I carry this Declaration of will march this great constitutional After listening to my colleague from Independence and Constitution right Republic off to its own demise. Florida, I’m going to tell you it just here next to my heart. Because in Jan- Perhaps some Americans are simply uary of 2011, Florida Federal District unaware of the exorbitant monetary drives home the point that power cor- Judge C. Roger Vinson ruled the indi- cost of this governmental behemoth. rupts and absolute power corrupts ab- vidual mandate unconstitutional, stat- But numbers don’t lie, Mr. Speaker, solutely. You’re talking about a panel that ing ‘‘never before has Congress re- and they are dangerous: $1.76 trillion will have control of roughly one-sixth quired that everyone buy a product from the American taxpayers to pay of the United States economy. That from a private company essentially for for ObamaCare over 10 years, nearly means more power in Washington. life just for being alive and residing in double the $940 billion that was fore- I’m going to tell you, ladies and gen- the United States.’’ cast when the bill was signed into law. tlemen, whether you’re a Republican or If the government has the power to As a previous Speaker said, ‘‘We have a Democrat or an independent, the compel an otherwise passive individual to pass the bill in order to find out more power that rests in this House, into a transaction, it is not hyperbolic what is in it.’’ to suggest that Congress could do al- Fifty-two billion in new taxes on the less liberty you have in your house. most anything it wanted, just as my businesses as employers are forced to We’re here standing up for your per- colleague from South Carolina articu- provide health insurance, $47 billion in sonal freedom and your individual lib- lated so well. new taxes on drug companies and med- erties. We’re working to make sure Today, this prediction is being at- ical device-makers, costs that will that you get a health care system that tempted before our very eyes. With surely be passed down to patients, par- will continue to support you and your ObamaCare, insurance companies will ticularly our senior citizens. children. be forced even to provide contraceptive We have over 300 children and grand- products free of charge. b 2020 children that we’re the parents and But, Mr. Speaker, why just contra- Families earning more than $250,000 a grandparents of in the freshmen class, ception? Will the government next year will see more taxes as ObamaCare and that generation is more important force insurance companies to provide adds a new tax to investment income, than the next election. surgical procedures free of charge? including capital gains, dividends, Mr. REED. I thank the gentleman, Where does it end? Perhaps super- rental income, and royalties; 16,000 new the president of the freshman class, for markets will be compelled to offer ap- IRS agents; 159 new government agen- that input. ples and carrots free of charge to en- cies and bureaucracies; $575 billion in What I would like to say in follow-up sure children have access to healthy cuts to Medicare. to the gentleman from Florida, quoting food. Insurance premiums are expected to the numbers—and the numbers are Beyond exerting oppressive control increase 1.9 percent to 2.3 percent in real. Just recently, the CBO, the Con- over individuals and private enter- 2014 and up to 3.7 percent by 2023 be- gressional Budget Office, the inde- prises, ObamaCare circumvents the cause ObamaCare adds a premium tax pendent bean counter of Washington, foundation of our own legislative struc- on health insurers offering full cov- D.C., said that the real price tag under ture. erage. ObamaCare will be upwards of $1.76

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4104 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 trillion over 10 years added to our health care reform. We are against the b 2030 spending in Washington, DC. type of health care reform that we Congress, for example, was given the We’re at $15.6 trillion in the hole, and were given with ObamaCare, a govern- power to create money and then regu- we’re going to add another $1.76 trillion ment-centered, costly, bureaucratic late it. Congress was given the power to that pricetag, to that debt? It’s not health care law. to raise an Army and then the power to sustainable. We have to do better. What I favor, and I think a lot of my regulate it. But that’s not the case We in the House of Representatives colleagues favor, is a patient-centered with commerce. That’s not the case on the Republican side do have pro- health care reform that focuses on in- with doing business. Congress was only posals and solutions that will replace novation and reducing costs, allowing given the power to regulate commerce, ObamaCare and go a long way to turn- more competition across State lines not raise it or create it. The power to ing that cost curve and our ever-in- for insurance companies so that they raise or create it is not there. For creasing cost of health care in Amer- can drive the costs down. We are look- money in the military, the power to ica. ing for ways to provide quality care, to regulate does not include the power to What I would like to do is go beyond continue to provide quality care to raise; rather, it follows it. the numbers. I can tell you from first- Americans while reducing costs. I just So the bottom line here is, there’s no hand experience—and I know a lot of want to make that really clear. We un- power to create commerce, create busi- my colleagues believe in this just as I derstand the need for health care re- ness transactions where they don’t do. When I go back to my district in form. exist. As one of the gentlemen that was upstate New York, I go out and I talk We also understand the need to re- here earlier said, Where does it end? If to people on the front line. Just re- form Medicare. We know that we must the Federal Government can make you cently in the last month and a half, I reform it to save it. The President’s buy insurance, health insurance, can went to a business just north of Cor- health care law, as we’ve heard some they make you eat your broccoli? Can nell, New York, a small electronics others refer to tonight, doesn’t save they make my 2-year-old and 4-year- company that’s been struggling day Medicare. It makes changes. It takes old eat their broccoli? after day, just trying to make ends $500 billion out of Medicare. He also set I happen to love potato chips. meet. up an independent board, as we’ve They’re probably not the best thing for It has about 48 employees in his oper- heard, that will decide where cuts me. Can you stop me from eating ation. As I’m meeting in his office, as should be made. them? If I eat too many during a Ra- I’m talking to him about the future of Instead of reforming, instead of look- zorback game, does the Congress of the his business, he stated to me that be- ing for ways to innovate, it just cuts. United States have the power to pay cause of this law, the Affordable Care Ultimately, it rations Medicare. That’s say, We’ve got to cut down on the num- Act and its 50-employee threshold for what the President’s plan does. ber of chips people are eating? I say no, the additional bureaucracy and re- We have a better alternative, a pa- Congress does not have the power to do quirements and taxes and penalties tient-centered alternative. that. But you know what? A lot of that Washington, DC, is putting on folks would say yes, using the same We’re here tonight to talk about the that business if he goes over that 50- reasoning that they believe they can law that we have, the law that I and employee threshold, he told me to my make you buy health insurance. many of my colleagues voted to repeal, face that he will keep his employee And that’s ultimately what this de- and that is what some call ObamaCare, rolls at 48 and not venture down the bate is about. Yes, it’s about health the President’s health care law. path of hiring two more individuals. care. It’s about the unconstitutionality Those are two more families that won’t We first have to start out—we’re of ObamaCare, but, more broadly, it’s be getting a paycheck and putting food talking about the Constitution—and about the Federal Government reach- on their table and having the private recognize that this Constitution sets ing into your life and telling you how capital to put their kids through col- limits on the power of government. If to live it because the Federal Govern- lege because of legislation coming out it does not set limits on the power of ment thinks that it knows best. The of Washington, D.C. government, then what good is it? It’s Federal Government thinks it knows Mr. Speaker, we can do better. We not worth the paper it’s written on if it what you should eat, when you should will do better. doesn’t set limits on government. eat it, what kind of insurance you November 2010, with my freshmen That’s exactly what it does. That’s why ought to buy. colleagues, was the start of that better we have a Constitution in the first Now, I can’t speak for the Founders, governance for all of America, and I’m place. but I’ve got to believe, having read this proud to be a part of this freshman The Founders, the people that start- document and many others that were class. ed this great country, they knew what written around the time of the found- At this point in time, I would love to government overreach could do. They ing of this country, I’ve got to believe yield to a fellow colleague of the fresh- knew what government power out of that they would be outraged, outraged man class, Mr. GRIFFIN from Arkansas. control could do. The Founders were if they knew what was going on in Mr. GRIFFIN of Arkansas. Thank very specific in providing limitations their name, if they knew that the Fed- you. I appreciate it. I appreciate you on government in this document. eral Government was claiming to have putting this together. I’m happy to When enumerating the powers of the power to do the things that it come over here to the floor of the Congress, the Constitution clearly pre- claims it has the power to do. House to talk about the unconsti- sents the power to regulate as separate Mr. Speaker, this is a critical week tutionality of ObamaCare. and distinct from the power to raise in our history because of the argu- Before I talk about the Constitution and create. ments that are going on at the Su- and ObamaCare, I want to make really Let me tell you a little more about preme Court, and the decision that clear to folks who may be joining us what I’m talking about here. The issue comes out of the Supreme Court on tonight that all of us here believe that of whether ObamaCare is constitu- this issue will be monumental. I would we need serious health care reform in tional or not boils down to the Com- say, for me and the people that I rep- the United States. We know that we merce Clause. The Commerce Clause of resent in Arkansas that I talk with need health care reform. There are the Constitution gives the Federal when I go home, that we believe that many parts of our health care system Government the ability to regulate this Constitution establishes a limited that we need to reform so that it is commerce. When setting out the pow- government, and that no matter how more efficient and so that we can deal ers, the Constitution clearly talks you interpret it, you have to agree that with the rising costs. We get that. about the power to regulate as separate it sets limits, and the Federal Govern- What we don’t need is the health care and distinct from the power to raise ment cannot force you to do whatever reform that we got. We are not against and create. it wants you to do.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4105 Mr. REED. I thank the gentleman ObamaCare that clearly show that nance-of-efforts provisions under from Arkansas. when the 111th Congress passed this ObamaCare dictating across the coun- At this point in time, I yield to the legislation, they truly believed that try that what’s good in New York is gentleman from Georgia. the Federal Government, Washington, good for what’s in California and Texas Mr. AUSTIN SCOTT of Georgia. I D.C., knew what was best for every in- and everywhere else. Each State is think the gentleman from Arkansas dividual in America coast to coast, unique. made a wonderful point, that maybe we north to south, east to west. You only And that is the wisdom and the vi- haven’t made enough and should have have to look to the provision that deals sion that our Founding Fathers articu- made more. And that’s the difference with Medicaid, because we’re talking a lated when they recognized the 10th between a recommendation and a deci- lot tonight about Medicare and IPAB Amendment in the United States Con- sion. and the provisions of ObamaCare that stitution and have the Federal Govern- Oftentimes, we put together many deal with that. ment be a limited Federal Government, panels of experts to make rec- But look at the provisions dealing that its rights are only those enumer- ommendations to Congress, and then with Medicaid and the maintenance of ated in the Constitution. And if it isn’t Congress can decide to take action on efforts provisions in the law. And what so enumerated in the Constitution, the recommendation or not to take ac- that says, Madam Speaker, is that on those powers are retained by the States tion. This bill flips that on its head in the day of the effective date of and by the people in those States, not that a panel of unelected people is ObamaCare, the States have to main- the Federal Government. going to be convened that are actually tain the same level of service under its I again yield to my colleague from going to make the decision. They are Medicaid program as was in effect on Georgia. Mr. AUSTIN SCOTT of Georgia. As I taking away the right of the American the date of the effective date of listen to you talk about the individual citizen to make the decision for them- ObamaCare. States out there—the 50 individual selves, completely contrary to what What does that mean, Madam Speak- States—and I’m from Georgia. The Sec- has been done in most cases in the er? What does that mean to the State ond Amendment is extremely impor- past. of New York? Well, the State of New tant to us in Georgia: the right to keep This isn’t a recommendation, ladies York offers what all of my constituents and bear arms. We haven’t passed a law and gentlemen. This is a decision that in my district know as the Cadillac on the House floor and passed by the is going to be made for you by bureau- plan of Medicaid services. We offer Senate and signed by the President crats in Washington, D.C. And I’m every authorized program that the that says every American must own a going to tell you now that, just like a Federal Government allows under Med- lot of Americans—both Republicans gun, or a firearm, if you want to be icaid. And actually, it’s so well known proper about it. and Democrats and certainly the Inde- that we’re getting influxes of people Again, it’s those constitutional pendents—I feel that the people in coming to New York State because of rights that we as Americans have. It’s Washington need to mind their own the Medicaid medical services that we not for the government. It’s for us as business and leave Americans alone. provide. individuals. That Constitution guaran- And that’s the bottom line. People are And what is that doing to New York tees me as a citizen that nobody in fed up with it. More power in this State? Well, let me tell you. In the Washington can take those things from House means less personal freedom and eight counties that I represent, over me. Our Forefathers understood, again, individual liberty in your house. 100 percent of our real property tax that power corrupts and absolute Mr. REED. I thank the gentleman levy—because we split the Medicaid power corrupts absolutely. They gave from Georgia. share 25 percent/25 percent between the us the Constitution. They knew that Mr. GRIFFIN of Arkansas. Will the State and the local government. So our with the House and the Senate being gentleman yield? county tax property bill is equivalent political bodies and with the President Mr. REED. I yield to the gentleman to 100 percent that goes to cover those being a political body that eventually from Arkansas. Medicaid services for our constituents something like this would happen in Mr. GRIFFIN of Arkansas. I just in those eight counties. That means this country. And so they gave us a wanted to comment on something you that every county tax bill that goes Court. They gave us a Court with one said there. out, every dollar of that tax levy goes duty—and that duty is to protect the It might be a different debate if this to cover the New York State 25 percent constitutional rights of the United Federal Government operated effi- local share of Medicaid costs. States citizens. And let’s just hope and ciently and ran everything perfectly, And what does ObamaCare do? It pray that the Court does its job and up- but we don’t have a track record to tells our elected officials in New York holds our constitutional rights. brag on when it comes to managing State, in Albany, You’re handcuffed. With that, I will yield the remainder this sort of thing. You cannot change the level of services of any time I have left to my colleague What makes folks think that all the under Medicaid. from New York. Thank you so much answers are in Washington? Where’s And what is it doing to other States, for having us here tonight. the evidence of that? I don’t think you such as Texas that doesn’t authorize Mr. REED. I thank the gentleman can point to it. I think the record all of the authorized programs at the from Georgia and for the gentleman’s shows that when you let States do Federal level for Medicaid services? It time in joining us on the floor of the what is good for them, in particular, forces them to raise up and maintain House on this critical issue that we and experiment and innovate, try new their level of services under Medicaid. face in the U.S. House of Representa- things, serve as laboratories to learn tives. the best way forward, that’s what suc- b 2040 What I would like to say in closing, ceeds. The idea that one size fits all I’ve talked with representatives from Madam Speaker, is that there are from up here, that’s not patient-cen- Texas and they point to New York many problems with the Affordable tered; that’s government-centered. State and they say New York State Care Act—there are many problems Mr. REED. Reclaiming my time, I so should be the example for which Texas with ObamaCare—not the least of agree with the gentleman from Arkan- should not follow. We should allow the which is the constitutionality of that sas, because you are absolutely right. States and the elected officials duly law. And let us hope that the United As you were expressing yourself to elected to represent the local citizens States Supreme Court renders its ver- the Speaker and to this Chamber and in those States the ability and discre- dict, and that verdict is just and recog- to this floor, you made a comment, tion to tailor what is best for their nizes that this is an overreach of Fed- that since when does the Federal Gov- States’ citizens, not have a one-size- eral power and strikes down this law. ernment know best? And there are re- fits-all requirement coming from But make no mistake about it, peated provisions in the 3,000 pages of Washington, D.C., like the mainte- Madam Speaker, we in the House of

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4106 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 Representatives recognize that there is EXECUTIVE COMMUNICATIONS, ceived February 29, 2012, pursuant to 5 U.S.C. a problem with health care in America, ETC. 801(a)(1)(A); to the Committee on Foreign Af- and those ever-increasing costs that fairs. Under clause 2 of rule XIV, executive 5404. A letter from the Director, Office of burden Americans across the Nation communications were taken from the Congressional Affairs, Nuclear Regulatory need to be dealt with. But the solu- Speaker’s table and referred as follows: Commission, transmitting the Commission’s tions—and I know we’ll have this con- 5397. A letter from the Associate General final rule — Removal of Oman from the Re- versation on another night, Madam Counsel for Legislation and Regulations, De- stricted Destination List [NRC-2011-0264] Speaker—but the solutions that we partment of Housing and Urban Develop- (RIN: 3150-AJ06) received March 2, 2012, pur- come up with must be based from the ment, transmitting the Department’s final suant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Federal Housing Administration mittee on Foreign Affairs. patient’s point of view, from the indi- 5405. A letter from the Chief Acquisition (FHA): Suspension of Section 238(c) Single- vidual’s point of view, from the patient Officer, General Services Administration, Family Mortgage Insurance in Military Im- and the doctor’s relationship, not from transmitting the Administration’s final rule pacted Areas [Docket No.: FR-5461-F-02] the perspective of Washington bureau- — Federal Acquisition Regulation; Federal (RIN: 2502-AJ01) received March 1, 2012, pur- Acquisition Circular 2005-57; Small Entity crats, not from the perspective of a suant to 5 U.S.C. 801(a)(1)(A); to the Com- Compliance Guide [Docket: FAR 2012-0081, hospital administrator, but from the mittee on Financial Services. Sequence 2] received March 7, 2012, pursuant private relationship between patients 5398. A letter from the Associate General to 5 U.S.C. 801(a)(1)(A); to the Committee on and doctors. And I believe if we whole- Counsel for Legislation and Regulations, De- Oversight and Government Reform. heartedly agree to that principle, we partment of Education, transmitting the De- 5406. A letter from the Chief Acquisition will solve this problem. But in the end, partment’s final rule — National Institute Officer, General Services Administration, ObamaCare—the Affordable Care Act— on Disability and Rehabilitation Research-- transmitting the Administration’s final rule does not accomplish the mission and Disability and Rehabilitation Research — Federal Acquisition Regulation; Federal Projects and Centers Program-Disability and needs to be repealed. And we’ll stand Acquisition Circular 2005-56; Introduction Rehabilitation Research Project--Center on [Docket FAR 2012-0080, Sequence 1] received for the repeal today and tomorrow. Knowledge Translation for Disability and With that, Madam Speaker, I yield February 29, 2012, pursuant to 5 U.S.C. Rehabilitation Research Catalog of Federal 801(a)(1)(A); to the Committee on Oversight back the balance of my time. Domestic Assistance (CFDA) Number: and Government Reform. 84.133A-13 received February 29, 2012, pursu- 5407. A letter from the Chief Acquisition f ant to 5 U.S.C. 801(a)(1)(A); to the Committee Officer, General Services Administration, on Education and the Workforce. LEAVE OF ABSENCE transmitting the Administration’s final rule 5399. A letter from the Assistant Secretary — Federal Acquisition Regulation; Federal By unanimous consent, leave of ab- for Employment and Training, Department Acquisition Circular 2005-56; Small Entity sence was granted to: of Labor, transmitting the Department’s Compliance Guide [Docket FAR 2011-0081, Se- final rule — YouthBuild Program (RIN: 1205- quence 1] received February 29, 2012, pursu- Ms. BROWN of Florida (at the request AB49) recieved February 17, 2012, pursuant to of Ms. PELOSI) for today on account of ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on on Oversight and Government Reform. an event in the district. Education and the Workforce. 5408. A letter from the Acting Director, Of- Mr. JACKSON of Illinois (at the re- 5400. A letter from the Deputy Assistant fice of Sustainable Fisheries, NMFS, Na- quest of Ms. PELOSI) for today and the Administrator, Office of Diversion Control, tional Oceanic and Atmospheric Administra- balance of the week. Department of Justice, transmitting the De- tion, transmitting the Administration’s final Ms. JACKSON LEE of Texas (at the re- partment’s final rule — Schedules of Con- rule — Fisheries of the Exclusive Economic trolled Substances: Extension of Temporary quest of Ms. PELOSI) for today. Zone Off Alaska; Pacific Cod by Non-Amer- Place of Five Synthetic Cannabinoids Into ican Fisheries Act Crab Vessels Operating as f Schedule I of the Controlled Substances Act Catcher/Processors Using Pot Gear in the [Docket No.: DEA-345] received March 1, 2012, Western Regulatory Area of the Gulf of Alas- BILLS PRESENTED TO THE pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ka [Docket No.: 101126522-0640-02] (RIN: 0648- PRESIDENT mittee on Energy and Commerce. XA956) received March 1, 2012, pursuant to 5 5401. A letter from the Deputy Bureau U.S.C. 801(a)(1)(A); to the Committee on Nat- Karen L. Haas, Clerk of the House, Chief, Wireline Competition Bureau, Federal ural Resources. reported that on March 22, 2012, she Communications Commission, transmitting 5409. A letter from the National Oceanic presented to the President of the the Commission’s final rule — Connect and Atmospheric Administration, transmit- United States, for his approval, the fol- America Fund; A National Broadband Plan ting the Administration’s final rule — En- lowing bill: for Our Future; Establishing Just and Rea- dangered and Threatened Wildlife and sonable Rates for Local Exchange Carriers; Plants; Final Listing Determinations for H.R. 473. To provide for the conveyance of High-Cost Universal Service Support; Devel- Two Distinct Populations Segments of At- approximately 140 acres of land in the oping a Unified Intercarrier Compensation lantic Sturgeon (Acipenser oxyrinchus Ouachita National Forest in Oklahoma to Regime; Federal-State Joint Board on Uni- oxyrinchus) in the Southeast [Docket No.: the Indian Nations Council, Inc., of the Boy versal Service; Lifeline and Link-Up; Uni- 090219208-1762-02] (RIN: 0648-XN50) received Scouts of America, and for other purposes. versal Service Reform — Mobility Fund [WC February 13, 2012, pursuant to 5 U.S.C. Karen L. Haas, Clerk of the House, Docket No.: 10-90; GN Docket No.: 09-51; WC 801(a)(1)(A); to the Committee on Natural further reported that on March 23, 2012, Docket No.: 07-135; WC Docket No.: 05-337; CC Resources. she presented to the President of the Docket No.: 01-92; CC Docket No.: 96-45; WC 5410. A letter from the National Oceanic United States, for his approval, the fol- Docket No.: 03-109; WT Docket No.: 10-208] re- and Atmospheric Administration, transmit- ceived March 5, 2012, pursuant to 5 U.S.C. lowing bill: ting the Administration’s final rule — En- 801(a)(1)(A); to the Committee on Energy and dangered and Threatened Wildlife and H.R. 886. To require the Secretary of the Commerce. Plants; Threatened and Endangered Status Treasury to mint coins in commemoration of 5402. A letter from the Associate Bureau for Distinct Population Segments of Atlantic the 225th anniversary of the establishment of Chief, Federal Communications Commission, Sturgeon in the Northeast Region [Docket the Nation’s first Federal law enforcement transmitting the Commission’s final rule — No.: 100903414-1762-02] (RIN: 0648-XJ00) re- agency, the United States Marshals Service. Implementation of the Commercial Spec- ceived February 13, 2012, pursuant to 5 U.S.C. trum Enhancement Act and Modernization 801(a)(1)(A); to the Committee on Natural f of the Commission’s Competitive Bidding Resources. Rules and Procedures; Waver of Section 5411. A letter from the Acting Deputy As- ADJOURNMENT 1.2110(b)(3)(iv)(A) of the Commission’s Rules sistant Administrator For Regulatory Pro- MR. REED. Madam Speaker, I move For the Upper 700 MHz Band D Block License grams, NMFS, National Oceanic and Atmos- that the House do now adjourn. [WT Docket No.: 05-211] received March 2, pheric Administration, transmitting the Ad- The motion was agreed to; accord- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the ministration’s final rule — Fisheries of the ingly (at 8 o’clock and 45 minutes Committee on Energy and Commerce. Caribbean, Gulf of Mexico, and South Atlan- 5403. A letter from the Assistant Secretary, tic; Reef Fish Fishery of the Gulf of Mexico; p.m.), under its previous order, the Legislative Affairs, Department of State, Amendment 32 [Docket No.: 100217095-2081-04] House adjourned until tomorrow, Tues- transmitting the Department’s final rule — (RIN: 0648-AY56) received March 2, 2012, pur- day, March 27, 2012, at 10 a.m. for morn- Amendment to the International Traffic in suant to 5 U.S.C. 801(a)(1)(A); to the Com- ing-hour debate. Arms Regulations: Haiti (RIN: 1400-AD08) re- mittee on Natural Resources.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4107 5412. A letter from the Acting Director, Of- 5420. A letter from the Program Analyst, [Submitted March 26, 2012] fice of Sustainable Fisheries, NMFS, Na- Department of Transportation, transmitting Mr. WEBSTER: Committee on Rules. tional Oceanic and Atmospheric Administra- the Department’s final rule — Airworthiness House Resolution 595. Resolution providing tion, transmitting the Administration’s final Directives; Bombardier, Inc. Airplanes for consideration of the bill (H.R. 3309) to rule — Fisheries of the Exclusive Economic [Docket No.: FAA-2012-0037; Directorate amend the Communications Act of 1934 to Zone Off Alaska; Reallocation of Pacific Cod Identifier 2012-NM-003-AD; Amendment 39- provide for greater transparency and effi- in the Bering Sea and Aleutian Islands Man- 16935; AD 2012-02-12] (RIN: 2120-AA64) received ciency in the procedures followed by the Fed- agement Area [Docket No.: 101126521-0640-02] February 11, 2012, pursuant to 5 U.S.C. eral Communications Commission (Rept. (RIN: 0648-XA987) received March 2, 2012, pur- 801(a)(1)(A); to the Committee on Transpor- 112–422). Referred to the House Calendar. suant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. mittee on Natural Resources. 5421. A letter from the Program Analyst, f 5413. A letter from the Acting Director, Of- Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS fice of Sustainable Fisheries, NMFS, Na- the Department’s final rule — Airworthiness tional Oceanic and Atmospheric Administra- Directives; Eurocopter France Helicopters Under clause 2 of rule XII, public tion, transmitting the Administration’s final [Docket No.: FAA-2012-0005; Directorate bills and resolutions of the following rule — Fisheries of the Exclusive Economic Identifier 2010-SW-091-AD; Amendment 39- titles were introduced and severally re- Zone Off Alaska; Pacific Cod by Vessels 16914; AD 2012-01-03] (RIN: 2120-AA64) received ferred, as follows: Using Pot Gear in the Central Regulatory February 11, 2012, pursuant to 5 U.S.C. By Mr. MULVANEY (for himself, Mr. Area of the Gulf of Alaska [Docket No.: 801(a)(1)(A); to the Committee on Transpor- SCHWEIKERT, Mr. JONES, Mr. QUAYLE, 101126522-0640-2] (RIN: 0648-XA922) received tation and Infrastructure. Mrs. MYRICK, Mr. COFFMAN of Colo- March 2, 2012, pursuant to 5 U.S.C. 5422. A letter from the Program Analyst, rado, Mr. GARDNER, Mr. PENCE, Mr. 801(a)(1)(A); to the Committee on Natural Department of Transportation, transmitting GRAVES of Missouri, Mrs. HARTZLER, Resources. the Department’s final rule — Airworthiness 5414. A letter from the Acting Deputy As- Directives; Eurocopter France Helicopters Mr. ROSS of Arkansas, Mr. BURTON of sistant Administrator for Regulatory Pro- [Docket No.: FAA-2012-0086; Directorate Indiana, Mr. GOWDY, Mr. WILSON of grams, NMFS, National Oceanic and Atmos- Identifier 2011-SW-045-AD; Amendment 39- South Carolina, Mr. CAMPBELL, Mr. pheric Administration, transmitting the Ad- 16936; AD 2012-02-13] (RIN: 2120-AA64) received LATTA, Mr. AMODEI, Mr. BERG, Mr. ministration’s final rule — Western Pacific February 11, 2012, pursuant to 5 U.S.C. RIBBLE, Mr. KELLY, Mr. HARRIS, Mr. Fisheries; 2012 Annual Catch Limits and Ac- 801(a)(1)(A); to the Committee on Transpor- LONG, Mr. CARTER, Mr. PAUL, Mr. countability Measures [Docket No.: tation and Infrastructure. POSEY, Mr. FLAKE, and Mr. LAM- 110826540-2069-02] (RIN: 0648-XA674) received 5423. A letter from the Director of Regula- BORN): March 5, 2012, pursuant to 5 U.S.C. tion Policy and Management, Office of the H.R. 4256. A bill to direct the Attorney 801(a)(1)(A); to the Committee on Natural General Counsel, Department of Veterans Af- General to revise certain rules under titles II Resources. fairs, transmitting the Department’s final and III of the Americans with Disabilities 5415. A letter from the Program Analyst, rule — Due Date of Initial Application Re- Act of 1990 relating to accessible means of Department of Transportation, transmitting quirements for State Home Construction entry to pools; to the Committee on the Ju- the Department’s final rule — Airworthiness Grants (RIN: 2900-AN77) received February diciary. Directives; The Boeing Company Airplanes 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to By Mr. ISSA (for himself and Mr. CUM- [Docket No.: FAA-2008-0415; Directorate the Committee on Veterans’ Affairs. MINGS): Identifier 2007-NM-256-AD; Amendment 39- 5424. A letter from the Director of Regula- H.R. 4257. A bill to amend chapter 35 of 16904; AD 2011-27-03] (RIN: 2120-AA64) received tion Policy and Management, Office of the title 44, United States Code, to revise re- February 11, 2012, pursuant to 5 U.S.C. General Counsel, Department of Veterans Af- quirements relating to Federal information 801(a)(1)(A); to the Committee on Transpor- fairs, transmitting the Department’s final security, and for other purposes; to the Com- tation and Infrastructure. rule — Drug and Drug-Related Supply Pro- mittee on Oversight and Government Re- 5416. A letter from the Program Analyst, motion by Pharmaceutical Company Rep- form. Department of Transportation, transmitting resentatives at VA Facilities (RIN: 2900- By Mr. MCDERMOTT: the Department’s final rule — Airworthiness AN24) received March 2, 2012, pursuant to 5 H.R. 4258. A bill to ensure free, fair, and Directives; SOCATA Airplanes [Docket No.: U.S.C. 801(a)(1)(A); to the Committee on Vet- competitive elections in the Republic of FAA-2011-1139; Directorate Identifier 2011- erans’ Affairs. Georgia; to the Committee on Foreign Af- CE-021-AD; Amendment 39-16911; AD 2011-27- 5425. A letter from the Chief, Publications fairs. 09] (RIN: 2120-AA64) received February 11, and Regulations Branch, Internal Revenue By Mr. LANKFORD (for himself, Mr. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Service, transmitting the Service’s final rule ISSA, Mr. CUMMINGS, Mr. CONNOLLY of Committee on Transportation and Infra- — Public Inspection of Material Relating to Virginia, and Mr. SMITH of New Jer- structure. Tax-Exempt Organizations [TD 9581] (RIN: sey): 5417. A letter from the Program Analyst, 1545-BG60) received February 29, 2012, pursu- H.R. 4259. A bill to prevent human traf- Department of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee ficking in government contracting; to the the Department’s final rule — Airworthiness on Ways and Means. Committee on Foreign Affairs, and in addi- Directives; Schempp-Hirth Flugzeubau 5426. A letter from the Chief, Publications tion to the Committee on the Judiciary, for GmbH Gliders [Docket No.: FAA-2011-1155; and Regulations Branch, Internal Revenue a period to be subsequently determined by Directorate Identifier 2011-CE-032-AD; Service, transmitting the Service’s final rule the Speaker, in each case for consideration Amendment 39-16913; AD 2012-01-02] (RIN: — Annual price inflation adjustments for of such provisions as fall within the jurisdic- 2120-AA64) received February 11, 2012, pursu- passenger automobiles first placed in service tion of the committee concerned. ant to 5 U.S.C. 801(a)(1)(A); to the Committee or leased in 2012 (Rev. Proc. 2012-23) received By Ms. CLARKE of New York: on Transportation and Infrastructure. March 5, 2012, pursuant to 5 U.S.C. H.R. 4260. A bill to amend the Internal Rev- 5418. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Ways and enue Code of 1986 to allow an income dis- Department of Transportation, transmitting Means. parity tax credit; to the Committee on Ways the Department’s final rule — Airworthiness f and Means. Directives; BRP--POWERTRAIN GMBH & CO By Mr. ISRAEL: KG Rotax Reciprocating Engines [Docket REPORTS OF COMMITTEES ON H.R. 4261. A bill to direct the Secretary of No.: FAA-2011-1022; Directorate Identifier PUBLIC BILLS AND RESOLUTIONS Labor to establish a competitive grant pro- 2011-NE-20-AD; Amendment 39-16919; AD 2012- Under clause 2 of rule XIII, reports of gram for community colleges to train vet- 01-07] (RIN: 2120-AA64) received February 11, committees were delivered to the Clerk erans for local jobs; to the Committee on Veterans’ Affairs. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the for printing and reference to the proper Committee on Transportation and Infra- By Mr. PALLONE (for himself and Mr. structure. calendar, as follows: DINGELL): 5419. A letter from the Program Analyst, [The following action occurred on March 23, H.R. 4262. A bill to amend the Federal Department of Transportation, transmitting 2012] Food, Drug, and Cosmetic Act to improve the Department’s final rule—Airworthiness Mr. RYAN of Wisconsin: Committee on the the safety of cosmetics; to the Committee on Directives; Pratt & Whitney Canada Turbo- Budget. House Concurrent Resolution 112. Energy and Commerce. prop Engines [Docket No.: FAA-2011-1298; Di- Resolution establishing the budget for the By Mr. FRANKS of Arizona (for him- rectorate Identifier 2011-NE-39-AD; Amend- United States Government for fiscal year self and Mr. COSTA): ment 39-16888; AD 2011-25-12] (RIN: 2120-AA64) 2013 and setting forth appropriate budgetary H.J. Res. 106. A joint resolution proposing received February 11, 2012, pursuant to 5 levels for fiscal years 2014 through 2022 an amendment to the Constitution of the U.S.C. 801(a)(1)(A); to the Committee on (Rept. 112–421). Referred to the Committee of United States to protect the rights of crime Transportation and Infrastructure. the Whole House on the state of the Union. victims; to the Committee on the Judiciary.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4108 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012

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

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4109

H.R. 3839: Mr. ACKERMAN. (1) FEDERAL REVENUES.—For purposes of Fiscal year 2013: $12,655,000,000,000. H.R. 3849: Mrs. BLACKBURN, Mr. PALAZZO, the enforcement of this resolution: Fiscal year 2014: $13,331,000,000,000. Mr. MANZULLO, Mr. RAHALL, Mr. NUNNELEE, (A) The recommended levels of Federal Fiscal year 2015: $13,787,000,000,000. and Mr. BOSWELL. revenues are as follows: Fiscal year 2016: $14,152,000,000,000. H.R. 3860: Mr. BACA and Mr. FILNER. Fiscal year 2013: $2,197,368,000. Fiscal year 2017: $14,390,000,000,000. H.R. 3895: Mr. RIGELL and Mr. ROSS of Flor- Fiscal year 2014: $2,612,409,000. Fiscal year 2018: $14,577,000,000,000. ida. Fiscal year 2015: $2,881,422,000. Fiscal year 2019: $14,755,000,000,000. H.R. 3904: Mr. CUELLAR. Fiscal year 2016: $3,106,522,000. Fiscal year 2020: $14,927,000,000,000. H.R. 3987: Mr. TIPTON. Fiscal year 2017: $3,301,143,000. Fiscal year 2021; $15,107,000,000,000. H.R. 3993: Mr. GERLACH, Mr. RANGEL, and Fiscal year 2018: $3,452,783,000. Fiscal year 2022: $15,357,000,000,000. Ms. PINGREE of Maine. Fiscal year 2019: $3,660,783,000. SEC. 2. MAJOR FUNCTIONAL CATEGORIES. H.R. 4045: Mr. BRALEY of Iowa, Mr. ELLI- Fiscal year 2020: $3,855,297,000. The Congress determines and declares that SON, Mr. HUNTER, Mr. SABLAN, Mr.POE of Fiscal year 2021: $4,043,898,000. the appropriate levels of new budget author- Texas, and Mr. LATTA. Fiscal year 2022: $4,236,911,000. ity and outlays for fiscal years 2013 through H.R. 4070: Mr. FILNER. (B) The amounts by which the aggregate 2022 for each major functional category are: H.R. 4077: Mr. PITTS and Mr. ISRAEL. levels of Federal revenues should be changed (1) National Defense (050): H.R. 4089: Mr. HUNTER. are as follows: Fiscal year 2013: H.R. 4095: Mr. BOREN. Fiscal year 2013: ¥$74,614,000,000. H.R. 4122: Mr. CONNOLLY of Virginia, Mr. (A) New budget authority, $659,719,000,000. Fiscal year 2014: $115,212,000,000. (B) Outlays, $669,687,000,000. GRIJALVA, and Mr. MORAN. Fiscal year 2015: $156,357,000,000. H.R. 4124: Mr. STARK and Mr. ROSS of Ar- Fiscal year 2014: Fiscal year 2016: $220,790,000,000. kansas. (A) New budget authority, $532,574,000,000. Fiscal year 2017: $279,347,000,000. H.R. 4134: Mr. COLE, Mr. YODER, Mr. JONES, (B) Outlays, $585,818,000,000. Fiscal year 2018: $291,219,000,000. Mr. SULLIVAN, and Mr. BOSWELL. Fiscal year 2015: Fiscal year 2019: $342,648,000,000. H.R. 4136: Mr. BERG. (A) New budget authority, $526,836,000,000. Fiscal year 2020: $356,393,000,000. H.R. 4160: Mr. PENCE. (B) Outlays, $546,976,000,000. Fiscal year 2021: $353,732,000,000. H.R. 4169: Mr. SCHOCK, Mr. ISRAEL, and Mr. Fiscal year 2016: Fiscal year 2022: $345,788,000,000. CICILLINE. (A) New budget authority, $528,581,000,000. (2) NEW BUDGET AUTHORITY.—For purposes H.R. 4170: Ms. SCHAKOWSKY. (B) Outlays, $539,638,000,000. of the enforcement of this resolution, the ap- H.R. 4173: Mr. BLUMENAUER and Mr. FARR. Fiscal year 2017: propriate levels of total new budget author- H.R. 4176: Mr. WALBERG and Mr. PENCE. (A) New budget authority, $539,841,000,000. ity are as follows: H.R. 4197: Mrs. LOWEY. (B) Outlays, $536,425,000,000. Fiscal year 2013: $3,309,878,000,000. H.R. 4199: Mr. SCOTT of Virginia. Fiscal year 2018: H.R. 4202: Mr. GEORGE MILLER of Cali- Fiscal year 2014: $3,255,223,000,000. (A) New budget authority, $551,797,000,000. fornia. Fiscal year 2015: $3,353,099,000,000. (B) Outlays, $537,397,000,000. H.R. 4203: Mr. TIPTON. Fiscal year 2016: $3,524,427,000,000. Fiscal year 2019: H.R. 4210: Mr. DINGELL. Fiscal year 2017: $3,677,543,000,000. (A) New budget authority, $560,862,000,000. H.R. 4215: Mr. DOGGETT. Fiscal year 2018: $3,829,402,000,000. H.R. 4232: Mr. JOHNSON of Ohio. Fiscal year 2019: $4,044,242,000,000. (B) Outlays, $551,693,000,000. H.R. 4251: Mr. RIGELL. Fiscal year 2020: $4,257,245,000,000. Fiscal year 2020: H. Res. 134: Mr. SCHOCK. Fiscal year 2021: $4,444,546,000,000. (A) New budget authority, $571,661,000,000. H. Res. 460: Mr. QUIGLEY, Mr. VAN HOLLEN, Fiscal year 2022: $4,698,785,000,000. (B) Outlays, $561,905,000,000. Fiscal year 2021: Ms. BONAMICI, and Mr. PASCRELL. (3) BUDGET OUTLAYS.—For purposes of the H. Res. 506: Mr. POE of Texas. enforcement of this resolution, the appro- (A) New budget authority, $586,462,000,000. H. Res. 560: Ms. BROWN of Florida. priate levels of total budget outlays are as (B) Outlays, $574,908,000,000. H. Res. 568: Mr. YOUNG of Indiana, Mr. follows: Fiscal year 2022: DENHAM, Mr. RENACCI, Mr. ROGERS of Ala- Fiscal year 2013: $3,287,716,000,000. (A) New budget authority, $601,815,000,000. bama, Mr. CLARKE of Michigan, Ms. LORETTA Fiscal year 2014: $3,261,796,000,000. (B) Outlays, $595,149,000,000. SANCHEZ of California, Mr. REHBERG, Mrs. Fiscal year 2015: $3,352,964,000,000. (2) International Affairs (150): BIGGERT, Mr. COURTNEY, Mr. PALAZZO, Mr. Fiscal year 2016: $3,532,436,000,000. Fiscal year 2013: GERLACH, Mr. DANIEL E. LUNGREN of Cali- Fiscal year 2017: $3,649,001,000,000. (A) New budget authority, $73,837,000,000. fornia, Mr. GARRETT, Mr. SESSIONS, Mr. Fiscal year 2018: $3,783,230,000,000. (B) Outlays, $64,498,000,000. WOLF, Mr. DOYLE, Ms. CASTOR of Florida, Mr. Fiscal year 2019: $3,998,222,000,000. Fiscal year 2014: PALLONE, Mr. GRIFFIN of Arkansas, Mr. AUS- Fiscal year 2020: $4,194,577,000,000. (A) New budget authority, $66,309,000,000. TRIA, Mr. LATOURETTE, Mr. MACK, Mr. Fiscal year 2021: $4,395,373,000,000. (B) Outlays, $66,844,000,000. GOSAR, Ms. SEWELL, Mr. FILNER, Mr. GRIMM, Fiscal year 2022: $4,657,085,000,000. Fiscal year 2015: Mr. SARBANES, Ms. SLAUGHTER, Mr. POSEY, (4) DEFICITS (ON-BUDGET).—For purposes of (A) New budget authority, $62,079,000,000. Mr. GRAVES of Missouri, Ms. BUERKLE, Mr. the enforcement of this resolution, the (B) Outlays, $65,518,000,000. BARTLETT, Mr. WOMACK, Mr. HARPER, Ms. amounts of the deficits (on-budget) are as Fiscal year 2016: MATSUI, Mr. GRAVES of Georgia, Mr. RIBBLE, follows: (A) New budget authority, $59,507,000,000. and Mr. SMITH of Nebraska. Fiscal year 2013: ¥$1,090,348,000,000. (B) Outlays, $64,501,000,000. H. Res. 573: Mr. ROTHMAN of New Jersey. Fiscal year 2014: ¥$649,387,000. Fiscal year 2017: H. Res. 583: Mr. MCCAUL, Mr. CALVERT, Mr. Fiscal year 2015: ¥$471,542,000. (A) New budget authority, $62,004,000,000. BACHUS, Mr. WOLF, Mr. COLE, and Mr. GALLE- Fiscal year 2016: ¥$425,914,000. (B) Outlays, $64,334,000,000. GLY. Fiscal year 2017: ¥$347,858,000. Fiscal year 2018: H. Res. 584: Ms. BORDALLO. Fiscal year 2018: ¥$330,447,000. (A) New budget authority, $64,068,000,000. H. Res. 592: Mr. SCOTT of South Carolina, Fiscal year 2019: ¥$337,439,000. (B) Outlays, $64,237,000,000. Mr. RIGELL, Mr. DICKS, Mr. MCCAUL, Mrs. Fiscal year 2020: ¥$339,280,000. Fiscal year 2019: DAVIS of California, Mr. ROSS of Florida, Mr. Fiscal year 2021: ¥$351,475,000. (A) New budget authority, $65,148,000,000. PASCRELL, and Mr. RUPPERSBERGER. Fiscal year 2022: ¥$420,174,000. (B) Outlays, $63,132,000,000. f (5) DEBT SUBJECT TO LIMIT.—The appro- Fiscal year 2020: priate levels of the public debt are as fol- (A) New budget authority, $66,977,000,000. AMENDMENTS lows: (B) Outlays, $63,515,000,000. Under clause 8 of rule XVIII, pro- Fiscal year 2013: $17,467,000,000,000. Fiscal year 2021: posed amendments were submitted as Fiscal year 2014: $18,240,000,000,000. (A) New budget authority, $68,872,000,000. follows: Fiscal year 2015: $18,804,000,000,000. (B) Outlays, $65,132,000,000. Fiscal year 2016: $19,308,000,000,000. Fiscal year 2022: H. Con. Res. 112 Fiscal year 2017: $19,733,000,000,000. (A) New budget authority, $71,074,000,000. OFFERED BY: MR. HONDA Fiscal year 2018: $20,129,000,000,000. (B) Outlays, $67,005,000,000. AMENDMENT NO. 1: Strike all after the re- Fiscal year 2019: $20,506,000,000,000. (3) General Science, Space, and Technology solving clause and insert the following: Fiscal year 2020: $20,867,000,000,000. (250): SECTION 1. RECOMMENDED LEVELS AND Fiscal year 2021: $21,223,000,000,000. Fiscal year 2013: AMOUNTS. Fiscal year 2022: $21,621,000,000,000. (A) New budget authority, $37,106,000,000. The following budgetary levels are appro- (6) DEBT HELD BY THE PUBLIC.—The appro- (B) Outlays, $35,204,000,000. priate for each of fiscal years 2013 through priate levels of debt held by the public are as Fiscal year 2014: 2022: follows: (A) New budget authority, $40,096,000,000.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4110 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 (B) Outlays, $38,135,000,000. (B) Outlays, $54,455,000,000. (B) Outlays, $127,535,000,000. Fiscal year 2015: Fiscal year 2022: Fiscal year 2019: (A) New budget authority, $39,366,000,000. (A) New budget authority, $57,150,000,000. (A) New budget authority, $132,922,000,000. (B) Outlays, $38,957,000,000. (B) Outlays, $55,777,000,000. (B) Outlays, $130,484,000,000. Fiscal year 2016: (6) Agriculture (350): Fiscal year 2020: (A) New budget authority, $38,701,000,000. Fiscal year 2013: (A) New budget authority, $134,989,000,000. (B) Outlays, $38,875,000,000. (A) New budget authority, $21,228,000,000. (B) Outlays, $132,385,000,000. Fiscal year 2017: (B) Outlays, $24,125,000,000. Fiscal year 2021: (A) New budget authority, $39,331,000,000. Fiscal year 2014: (A) New budget authority, $137,095,000,000. (B) Outlays, $39,142,000,000. (A) New budget authority, $17,892,000,000. (B) Outlays, $133,770,000,000. Fiscal year 2018: (B) Outlays, $17,723,000,000. Fiscal year 2022: (A) New budget authority, $40,034,000,000. Fiscal year 2015: (A) New budget authority, $139,283,000,000. (B) Outlays, $39,687,000,000. (A) New budget authority, $18,721,000,000. (B) Outlays, $136,230,000,000. Fiscal year 2019: (B) Outlays, $18,214,000,000. (9) Community and Regional Development (A) New budget authority, $40,742,000,000. Fiscal year 2016: (450): (B) Outlays, $40,260,000,000. (A) New budget authority, $19,944,000,000. Fiscal year 2013: Fiscal year 2020: (B) Outlays, $19,494,000,000. (A) New budget authority, $26,408,000,000. (A) New budget authority, $41,821,000,000. Fiscal year 2017: (B) Outlays, $29,335,000,000. (B) Outlays, $41,127,000,000. (A) New budget authority, $19,796,000,000. Fiscal year 2014: Fiscal year 2021: (B) Outlays, $19,333,000,000. (A) New budget authority, $29,083,000,000. (A) New budget authority, $42,936,000,000. Fiscal year 2018: (B) Outlays, $30,381,000,000. (B) Outlays, $42,068,000,000. (A) New budget authority, $18,887,000,000. Fiscal year 2015: Fiscal year 2022: (B) Outlays, $18,362,000,000. (A) New budget authority, $28,155,000,000. (A) New budget authority, $44,073,000,000. Fiscal year 2019: (B) Outlays, $30,848,000,000. (B) Outlays, $43,163,000,000. (A) New budget authority, $17,823,000,000. Fiscal year 2016: (4) Energy (270): (B) Outlays, $17,343,000,000. (A) New budget authority, $27,273,000,000. Fiscal year 2013: Fiscal year 2020: (B) Outlays, $28,966,000,000. (A) New budget authority, $22,101,000,000. (A) New budget authority, $18,066,000,000. Fiscal year 2017: (B) Outlays, $21,223,000,000. (B) Outlays, $17,617,000,000. (A) New budget authority, $27,679,000,000. Fiscal year 2014: Fiscal year 2021: (B) Outlays, $27,929,000,000. (A) New budget authority, $25,537,000,000. (A) New budget authority, $18,592,000,000. Fiscal year 2018: (B) Outlays, $22,344,000,000. (B) Outlays, $18,131,000,000. (A) New budget authority, $28,124,000,000. Fiscal year 2015: Fiscal year 2022: (B) Outlays, $27,607,000,000. (A) New budget authority, $22,580,000,000. (A) New budget authority, $18,947,000,000. Fiscal year 2019: (B) Outlays, $22,315,000,000. (B) Outlays, $18,495,000,000. (A) New budget authority, $28,575,000,000. Fiscal year 2016: (7) Commerce and Housing Credit (370): (B) Outlays, $27,684,000,000. (A) New budget authority, $20,022,000,000. Fiscal year 2013: Fiscal year 2020: (B) Outlays, $21,198,000,000. (A) New budget authority, $10,502,000,000. (A) New budget authority, $29,381,000,000. Fiscal year 2017: (B) Outlays, $11,855,000,000. (B) Outlays, $28,194,000,000. (A) New budget authority, $19,741,000,000. Fiscal year 2014: Fiscal year 2021: (B) Outlays, $20,124,000,000. (A) New budget authority, $19,282,000,000. (A) New budget authority, $30,215,000,000. Fiscal year 2018: (B) Outlays, $6,586,000,000. (B) Outlays, $28,943,000,000. (A) New budget authority, $19,586,000,000. Fiscal year 2015: Fiscal year 2022: (B) Outlays, $19,336,000,000. (A) New budget authority, $18,044,000,000. (A) New budget authority, $31,072,000,000. Fiscal year 2019: (B) Outlays, $5,505,000,000. (B) Outlays, $29,813,000,000. (A) New budget authority, $19,523,000,000. Fiscal year 2016: (10) Education, Training, Employment, and (B) Outlays, $19,308,000,000. (A) New budget authority, $17,529,000,000. Social Services (500): Fiscal year 2020: (B) Outlays, $3,152,000,000. Fiscal year 2013: (A) New budget authority, $20,223,000,000. Fiscal year 2017: (A) New budget authority, $215,477,000,000. (B) Outlays, $19,476,000,000. (A) New budget authority, $19,060,000,000. (B) Outlays, $216,894,000,000. Fiscal year 2021: (B) Outlays, $2,846,000,000. Fiscal year 2014: (A) New budget authority, $20,896,000,000. Fiscal year 2018: (A) New budget authority, $133,185,000,000. (B) Outlays, $19,984,000,000. (A) New budget authority, $20,636,000,000. (B) Outlays, $134,848,000,000. Fiscal year 2022: (B) Outlays, $3,592,000,000. Fiscal year 2015: (A) New budget authority, $21,716,000,000. Fiscal year 2019: (A) New budget authority, $108,627,000,000. (B) Outlays, $20,693,000,000. (A) New budget authority, $22,134,000,000. (B) Outlays, $108,401,000,000. (5) Natural Resources and Environment (B) Outlays, ¥$853,000,000. Fiscal year 2016: (300): Fiscal year 2020: (A) New budget authority, $113,637,000,000. Fiscal year 2013: (A) New budget authority, $24,229,000,000. (B) Outlays, $113,530,000,000. (A) New budget authority, $46,024,000,000. (B) Outlays, $362,000,000. Fiscal year 2017: (B) Outlays, $46,772,000,000. Fiscal year 2021: (A) New budget authority, $124,002,000,000. Fiscal year 2014: (A) New budget authority, $25,554,000,000. (B) Outlays, $120,819,000,000. (A) New budget authority, $48,969,000,000. (B) Outlays, $8,580,000,000. Fiscal year 2018: (B) Outlays, $49,207,000,000. Fiscal year 2022: (A) New budget authority, $128,980,000,000. Fiscal year 2015: (A) New budget authority, $30,812,000,000. (B) Outlays, $127,822,000,000. (A) New budget authority, $48,398,000,000. (B) Outlays, $12,616,000,000. Fiscal year 2019: (B) Outlays, $49,941,000,000. (8) Transportation (400): (A) New budget authority, $133,164,000,000. Fiscal year 2016: Fiscal year 2013: (B) Outlays, $131,731,000,000. (A) New budget authority, $48,221,000,000. (A) New budget authority, $105,774,000,000. Fiscal year 2020: (B) Outlays, $49,503,000,000. (B) Outlays, $105,474,000,000. (A) New budget authority, $135,479,000,000. Fiscal year 2017: Fiscal year 2014: (B) Outlays, $134,698,000,000. (A) New budget authority, $49,558,000,000. (A) New budget authority, $112,473,000,000. Fiscal year 2021: (B) Outlays, $50,232,000,000. (B) Outlays, $108,565,000,000. (A) New budget authority, $138,104,000,000. Fiscal year 2018: Fiscal year 2015: (B) Outlays, $137,088,000,000. (A) New budget authority, $51,348,000,000. (A) New budget authority, $119,935,000,000. Fiscal year 2022: (B) Outlays, $50,517,000,000. (B) Outlays, $113,853,000,000. (A) New budget authority, $141,118,000,000. Fiscal year 2019: Fiscal year 2016: (B) Outlays, $139,748,000,000. (A) New budget authority, $52,593,000,000. (A) New budget authority, $126,924,000,000. (11) Health (550): (B) Outlays, $51,636,000,000. (B) Outlays, $119,215,000,000. Fiscal year 2013: Fiscal year 2020: Fiscal year 2017: (A) New budget authority, $392,643,000,000. (A) New budget authority, $54,599,000,000. (A) New budget authority, $133,899,000,000. (B) Outlays, $383,806,000,000. (B) Outlays, $53,234,000,000. (B) Outlays, $124,357,000,000. Fiscal year 2014: Fiscal year 2021: Fiscal year 2018: (A) New budget authority, $490,114,000,000. (A) New budget authority, $55,593,000,000. (A) New budget authority, $130,944,000,000. (B) Outlays, $475,603,000,000.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 4111 Fiscal year 2015: (A) New budget authority, $681,071,000,000. (A) New budget authority, $72,400,000,000. (A) New budget authority, $558,189,000,000. (B) Outlays, $683,338,000,000. (B) Outlays, $72,514,000,000. (B) Outlays, $552,620,000,000. (14) Social Security (650): Fiscal year 2020: Fiscal year 2016: Fiscal year 2013: (A) New budget authority, $74,692,000,000. (A) New budget authority, $605,699,000,000. (A) New budget authority, $53,216,000,000. (B) Outlays, $73,924,000,000. (B) Outlays, $609,918,000,000. (B) Outlays, $53,296,000,000. Fiscal year 2021: Fiscal year 2017: Fiscal year 2014: (A) New budget authority, $77,213,000,000. (A) New budget authority, $649,911,000,000. (A) New budget authority, $31,892,000,000. (B) Outlays, $76,341,000,000. (B) Outlays, $652,349,000,000. (B) Outlays, $32,002,000,000. Fiscal year 2022: Fiscal year 2018: Fiscal year 2015: (A) New budget authority, $83,484,000,000. (A) New budget authority, $687,213,000,000. (A) New budget authority, $35,135,000,000. (B) Outlays, $82,533,000,000. (B) Outlays, $685,849,000,000. (B) Outlays, $35,210,000,000. (17) General Government (800): Fiscal year 2019: Fiscal year 2016: Fiscal year 2013: (A) New budget authority, $729,703,000,000. (A) New budget authority, $38,953,000,000. (A) New budget authority, $24,636,000,000. (B) Outlays, $728,299,000,000. (B) Outlays, $38,991,000,000. (B) Outlays, $26,466,000,000. Fiscal year 2020: Fiscal year 2017: Fiscal year 2014: (A) New budget authority, $784,569,000,000. (A) New budget authority, $43,140,000,000. (A) New budget authority, $25,311,000,000. (B) Outlays, $772,420,000,000. (B) Outlays, $43,140,000,000. (B) Outlays, $25,862,000,000. Fiscal year 2021: Fiscal year 2018: Fiscal year 2015: (A) New budget authority, $825,999,000,000. (A) New budget authority, $47,590,000,000. (A) New budget authority, $25,950,000,000. (B) Outlays, $823,927,000,000. (B) Outlays, $47,590,000,000. (B) Outlays, $26,268,000,000. Fiscal year 2022: Fiscal year 2019: Fiscal year 2016: (A) New budget authority, $882,501,000,000. (A) New budget authority, $52,429,000,000. (A) New budget authority, $26,692,000,000. (B) Outlays, $879,975,000,000. (B) Outlays, $52,429,000,000. (B) Outlays, $26,969,000,000. (12) Medicare (570): Fiscal year 2020: Fiscal year 2017: Fiscal year 2013: (A) New budget authority, $57,425,000,000. (A) New budget authority, $27,287,000,000. (A) New budget authority, $528,399,000,000. (B) Outlays, $57,425,000,000. (B) Outlays, $27,231,000,000. (B) Outlays, $528,311,000,000. Fiscal year 2021: Fiscal year 2018: Fiscal year 2014: (A) New budget authority, $62,604,000,000. (A) New budget authority, $28,186,000,000. (A) New budget authority, $553,553,000,000. (B) Outlays, $62,604,000,000. (B) Outlays, $27,967,000,000. (B) Outlays, $552,856,000,000. Fiscal year 2022: Fiscal year 2019: Fiscal year 2015: (A) New budget authority, $68,079,000,000. (A) New budget authority, $29,097,000,000. (A) New budget authority, $579,388,000,000. (B) Outlays, $68,079,000,000. (B) Outlays, $28,638,000,000. (B) Outlays, $578,948,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2020: Fiscal year 2016: Fiscal year 2013: (A) New budget authority, $29,877,000,000. (A) New budget authority, $629,995,000,000. (A) New budget authority, $149,224,000,000. (B) Outlays, $29,490,000,000. (B) Outlays, $629,761,000,000. (B) Outlays, $145,567,000,000. Fiscal year 2021: Fiscal year 2017: Fiscal year 2014: (A) New budget authority, $30,771,000,000. (A) New budget authority, $648,217,000,000. (A) New budget authority, $156,328,000,000. (B) Outlays, $30,274,000,000. (B) Outlays, $647,496,000,000. (B) Outlays, $152,548,000,000. Fiscal year 2022: Fiscal year 2018: Fiscal year 2015: (A) New budget authority, $31,715,000,000. (A) New budget authority, $670,465,000,000. (A) New budget authority, $157,222,000,000. (B) Outlays, $31,190,000,000. (B) Outlays, $670,015,000,000. (B) Outlays, $156,643,000,000. (18) Net Interest (900): Fiscal year 2019: Fiscal year 2016: Fiscal year 2013: (A) New budget authority, $733,652,000,000. (A) New budget authority, $163,556,000,000. (A) New budget authority, $347,247,000,000. (B) Outlays, $733,400,000,000. (B) Outlays, $163,960,000,000. (B) Outlays, $347,247,000,000. Fiscal year 2020: Fiscal year 2017: Fiscal year 2014: (A) New budget authority, $786,074,000,000. (A) New budget authority, $162,499,000,000. (A) New budget authority, $361,372,000,000. (B) Outlays, $785,321,000,000. (B) Outlays, $162,122,000,000. (B) Outlays, $361,372,000,000. Fiscal year 2021: Fiscal year 2018: Fiscal year 2015: (A) New budget authority, $837,885,000,000. (A) New budget authority, $161,341,000,000. (A) New budget authority, $400,420,000,000. (B) Outlays, $837,396,000,000. (B) Outlays, $160,695,000,000. (B) Outlays, $400,420,000,000. Fiscal year 2022: Fiscal year 2019: Fiscal year 2016: (A) New budget authority, $917,799,000,000. (A) New budget authority, $171,034,000,000. (A) New budget authority, $464,626,000,000. (B) Outlays, $917,656,000,000. (B) Outlays, $170,211,000,000. (B) Outlays, $464,626,000,000. (13) Income Security (600): Fiscal year 2020: Fiscal year 2017: Fiscal year 2013: (A) New budget authority, $176,196,000,000. (A) New budget authority, $532,290,000,000. (A) New budget authority, $600,167,000,000. (B) Outlays, $174,995,000,000. (B) Outlays, $532,290,000,000. (B) Outlays, $589,067,000,000. Fiscal year 2021: Fiscal year 2018: Fiscal year 2014: (A) New budget authority, $181,451,000,000. (A) New budget authority, $599,375,000,000. (A) New budget authority, $622,434,000,000. (B) Outlays, $180,089,000,000. (B) Outlays, $599,375,000,000. (B) Outlays, $611,955,000,000. Fiscal year 2022: Fiscal year 2019: Fiscal year 2015: (A) New budget authority, $192,540,000,000. (A) New budget authority, $660,922,000,000. (A) New budget authority, $620,983,000,000. (B) Outlays, $191,089,000,000. (B) Outlays, $660,922,000,000. (B) Outlays, $617,542,000,000. (16) Administration of Justice (750): Fiscal year 2020: Fiscal year 2016: Fiscal year 2013: (A) New budget authority, $712,948,000,000. (A) New budget authority, $611,032,000,000. (A) New budget authority, $71,906,000,000. (B) Outlays, $712,948,000,000. (B) Outlays, $614,698,000,000. (B) Outlays, $64,625,000,000. Fiscal year 2021: Fiscal year 2017: Fiscal year 2014: (A) New budget authority, $752,887,000,000. (A) New budget authority, $604,154,000,000. (A) New budget authority, $66,516,000,000. (B) Outlays, $752,887,000,000. (B) Outlays, $602,171,000,000. (B) Outlays, $66,844,000,000. Fiscal year 2022: Fiscal year 2018: Fiscal year 2015: (A) New budget authority, $794,191,000,000. (A) New budget authority, $607,469,000,000. (A) New budget authority, $66,602,000,000. (B) Outlays, $794,191,000,000. (B) Outlays, $600,968,000,000. (B) Outlays, $68,316,000,000. (19) Allowances (920): Fiscal year 2019: Fiscal year 2016: Fiscal year 2013: (A) New budget authority, $625,364,000,000. (A) New budget authority, $68,761,000,000. (A) New budget authority, $0.00 (B) Outlays, $623,236,000,000. (B) Outlays, $70,667,000,000. (B) Outlays, $0.00 Fiscal year 2020: Fiscal year 2017: Fiscal year 2014: (A) New budget authority, $640,917,000,000. (A) New budget authority, $68,641,000,000. (A) New budget authority, $0.00 (B) Outlays, $638,419,000,000. (B) Outlays, $70,168,000,000. (B) Outlays, $0.00 Fiscal year 2021: Fiscal year 2018: Fiscal year 2015: (A) New budget authority, $658,585,000,000. (A) New budget authority, $70,425,000,000. (A) New budget authority, $0.00 (B) Outlays, $655,964,000,000. (B) Outlays, $71,745,000,000. (B) Outlays, $0.00 Fiscal year 2022: Fiscal year 2019: Fiscal year 2016:

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4112 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 26, 2012 (A) New budget authority, $0.00 (B) Outlays, $0.00 (B) Outlays, ¥$97,066,000,000. (B) Outlays, $0.00 (20) Undistributed Offsetting Receipts (950): Fiscal year 2019: Fiscal year 2017: Fiscal year 2013: (A) New budget authority, (A) New budget authority, $0.00 (A) New budget authority, ¥$75,736,000,000. ¥$103,845,000,000. (B) Outlays, $0.00 (B) Outlays, ¥$75,736,000,000. (B) Outlays, ¥$103,845,000,000. Fiscal year 2018: Fiscal year 2014: Fiscal year 2020: ¥ (A) New budget authority, $0.00 (A) New budget authority, $77,697,000,000. (A) New budget authority, (B) Outlays, $0.00 (B) Outlays, ¥$77,697,000,000. ¥$102,878,000,000. Fiscal year 2019: Fiscal year 2015: (B) Outlays, ¥$102,878,000,000. (A) New budget authority, $0.00 (A) New budget authority, ¥$83,531,000,000. (B) Outlays, $0.00 (B) Outlays, ¥$83,531,000,000. Fiscal year 2021: Fiscal year 2020: Fiscal year 2016: (A) New budget authority, (A) New budget authority, $0.00 (A) New budget authority, ¥$85,226,000,000. ¥$107,168,000,000. (B) Outlays, $0.00 (B) Outlays, ¥$85,226,000,000. (B) Outlays, ¥$107,168,000,000. Fiscal year 2021: Fiscal year 2017: Fiscal year 2022: (A) New budget authority, $0.00 (A) New budget authority, ¥$93,507,000,000. (A) New budget authority, (B) Outlays, $0.00 (B) Outlays, ¥$93,507,000,000. ¥$109,655,000,000. Fiscal year 2022: Fiscal year 2018: (B) Outlays, ¥$109,655,000,000. (A) New budget authority, $0.00 (A) New budget authority, ¥$97,066,000,000.

VerDate Sep 11 2014 12:36 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR12\H26MR2.000 H26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 4113 EXTENSIONS OF REMARKS

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

● 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 Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4114 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 26, 2012 unable to vote. Had I been present, I would and creative thinking had a major impact on tury and a half, the Edwardsville Intelligencer have voted ‘‘yea.’’ anything he undertook, particularly in his has expanded to daily publication and has f hometown of New Haven. Active in both the covered all the pivotal moments in our nation’s local Jewish community, as well as his Alma history. It has withstood the inventions of HONORING THE LIFE AND LEGACY Mater, Quinnipiac University, Murray’s influ- radio, television, and the internet and has re- OF MURRAY LENDER ence can be seen throughout the city, which cently expanded to include an e-Edition, which has recognized him with a school playground complements the print edition’s continued suc- HON. ROSA L. DeLAURO in his name, the ADL Torch of Liberty Award, cess. OF CONNECTICUT and an honorary Doctor of Humane Letters During its long history, the Intelligencer has IN THE HOUSE OF REPRESENTATIVES from Quinnipiac University, to name a few. been an easily accessible source of informa- Monday, March 26, 2012 Murray Lender was an extraordinary human tion and culture in the region. It has a constant being and I consider myself fortunate to have presence in the community. For decades it Ms. DELAURO. Mr. Speaker, it is with the called him my friend. He leaves such a legacy has participated in local charities and commu- heaviest of hearts that I rise today to pay trib- that we celebrate, even as we mourn his nity events, and it even distributes news- ute to the life and legacy of one of our com- passing. I extend my deepest sympathies to papers to local schools at no charge. It is truly munity’s most outstanding entrepreneurs and his wife, Gillie; his children, daughter Haris a vital resource for the greater Edwardsville my dear friend, Murray Lender, who we lost and her husband, Evan, and sons Carl and area. on March 21st at the age of eighty-one. A Jay as well as his brother Marvin and his wife I am pleased to congratulate the bagel baker, food executive and philanthropist, Helaine. We can see the unfailing smile in the Edwardsville Intelligencer on its 150th anniver- who helped bring the bagel to kitchens across face of adversity and all his work that carries sary, and I thank them for their contributions the nation, Murray was a close friend and I on. He lit up the world. We will miss him. to the community. I wish them continued suc- was deeply saddened to learn of his passing. f cess in the years to come. Murray never forgot his roots and humble be- f ginnings in New Haven while he worked to HONORING ROD BLONIEN foster good will and humanitarianism. He was IN HONOR OF ST. LOUIS FIRE a special person and leader, part of a special HON. JEFF DENHAM CHIEF NEIL J. SVETANICS family that takes care of each other, bringing OF CALIFORNIA jobs to networks of friends and serving the IN THE HOUSE OF REPRESENTATIVES HON. RUSS CARNAHAN larger community. OF MISSOURI Monday, March 26, 2012 Along with his two brothers, Marvin and IN THE HOUSE OF REPRESENTATIVES Sam, Murray turned the dream of ‘‘bagelizing’’ Mr. DENHAM. Mr. Speaker, I rise today with Monday, March 26, 2012 America into a reality through the process of a heavy heart after the passing of Rod freezing the bagel, which the family pioneered Blonien. Mr. CARNAHAN. Mr. Speaker, I rise today in the early 1960s. Murray, who began count- Rodney J. Blonien was born July 20, 1946 to recognize Lemay Fire Protection District ing bagels in the family’s backyard bakery be- in Wisconsin Rapids, Wisconsin, to Janet and Chief Neil J. Svetanics, who is marking his fore he was eleven, became a food marketing Clayton Blonien. He was the oldest of four. He 50th year of fire service in 2012. innovator. He took what was formerly only an attended the University of San Francisco and Neil Svetanics was born in 1940 in the ethnic product and made it a national staple, Santa Clara Law School, and achieved the Water Tower area of North St. Louis. He left available to all. In 1963, Lender’s introduced a rank of captain in the Army National Guard. high school early to enlist in the United States branded retail pack of frozen bagels. Murray Mr. Blonien was a Capitol fixture for years Marine Corps, from which he was honorably saw frozen foods, which was a new category having served as Assistant Legal Affairs Sec- discharged in 1960. Mr. Svetanics became a of products, as an opportunity for greater dis- retary to California Gov. Ronald Reagan, Sen- member of the St. Louis Fire Department in tribution and expanding the market to new ior Assistant to Attorney General George 1962, where he quickly rose through the users. Deukmejian then Legislative Secretary to Cali- ranks. He was named chief in 1986, becoming Free publicity was also a key to their suc- fornia Gov. Deukmejian, and Under Secretary the youngest chief in the department’s history cess. Murray could be seen presenting a life- of the Youth and Adult Correctional Agency. and the first to hold a college degree. sized bagel on the Tonight Show to Johnny While working for the California Department Mr. Svetanics held the position of chief for Carson, or on Capitol Hill presenting Tip of Corrections, Mr. Blonien reduced prison over 13 years, becoming the third longest O’Neill with a giant green bagel on St. Pat- construction time from 5 to 2 years. Today, his serving fire chief in the St. Louis Fire Depart- rick’s Day. Whether in animated form, or live, program serves as a national model. He ment’s storied history. Under his leadership, lying on the bread shelf in the supermarket, worked to enact stringent sentences for crimi- the Department established a City/County Mu- there wasn’t much that Murray wouldn’t do to nal offenders, and implemented Driving Under tual Aid Policy, promoted a record number of sell his product. Lender’s Bagels was sold to the Influence (D.U.I.) checkpoints. minorities to leadership positions, and hired Kraft food in 1985, but Murray remained with He is survived by his wife of 45 years, No- the department’s first women members. the company to continue his work as spokes- reen, and four children—Ryan, Jessica, Molly Mr. Svetanics was selected by the Inter- man. and Jarhett—and 11 grandchildren. national Association of Fire Chiefs as their Murray was forever passionate about the f 1998 ‘‘Fire Chief of the Year,’’ and he retired concept of frozen foods and became involved from his post the following year. Chief in all associations directed at strengthening its EDWARDSVILLE INTELLIGENCER Svetanics also received the 2001 Lifetime image. He was Chairman of the National Fro- 150TH Contribution to the St. Louis Fire Department zen Food Association, NFFA, as well as the Award. In 2002, Mr. Svetanics became the chairman of the 50th Anniversary of Frozen HON. JOHN SHIMKUS Chief of the Lemay Fire Protection District, a Foods, a national promotion staged in 1980. OF ILLINOIS position which he still holds today. To date, He pioneered and co-chaired the first National IN THE HOUSE OF REPRESENTATIVES Mr. Svetanics has dedicated over 50 years of Frozen Food Month in March of 1984, an in- service to fire departments in and around St. dustry wide month of promotional retail and Monday, March 26, 2012 Louis, the majority in positions of great re- foodservice activity among frozen food manu- Mr. SHIMKUS. Mr. Speaker, I rise today to sponsibility. facturers. Murray would never go a day honor the Edwardsville Intelligencer, a local Mr. Svetanics has dedicated much of his life dressed without a penguin—the frozen food newspaper serving Madison County, Illinois, to serving the St. Louis community, and has marketing symbol—whether it be a tie, a pin, on its 150th anniversary. been deservedly awarded numerous honors socks or a hat. He was recognized by this in- First called the Madison Intelligencer, the from various organizations ranging from the dustry with numerous awards throughout his first weekly issue was published on November public, the not-for-profit, and private sectors. lifetime. 13, 1862. It has been in continuous operation Mr. Svetanics is the President of the St. In more recent years, Murray directed his since, and it can proudly call itself Louis Firefighters Memorial Statue Fund, the focus toward philanthropic work. His energy Edwardsville’s oldest business. In the last cen- Founder and past President of the Baden

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 4115 Neighborhood Improvement Association, National Security and Benefits provided to Aside from raising his own tribal member- former Chairman of the United Way of Greater our Veterans that have defended our Nation ship out of poverty and into self-sufficiency, St. Louis Government Division, President of from opposing threats and to all of our sol- diers that continue to protect our Country’s Chairman Milanovich has contributed his time the St. Florian Society, a former member of future and our children’s future by placing and wisdom to many advisory committees, the Board of Directors at the American Red their own lives in harm’s way. charities, and other efforts to better Indian Cross, and a member of the board of the St. Signed, this 13th day of February 2012. Country and the lives of people across the Louis Backstoppers, the Mathews-Dickey Commissioner Anna Perez Pct. 1 country. He served as the chairman of the Ad- Boys’ Club, the Salvation Army, and the Amer- Commissioner Sergio Lewis Pct. 2 ican Red Cross. Commissioner Willie Gandara Pct. 3 visory Committee to the Office of Special Commissioner Daniel R. Haggerty Pct. 4 Trustee for the U.S. Department of the Inte- Mr. Svetanics is celebrating another anni- County Judge Veronica Escobar versary this year along with his wife, Judy rior, which oversees the federal government’s f Spreng. The couple celebrated their 50th anni- fiduciary responsibilities to manage tribal trust versary in January with their wonderful fam- HONORING CHAIRMAN RICHARD M. funds. In 2004, he was appointed to the Na- ily—children Maureen, Katie, Amy, and Lisa, MILANOVICH OF THE AGUA tive American Stewardship Committee for the four sons-in-law, and eight grandchildren. CALIENTE BAND OF CAHUILLA prestigious Autry National Center. Chairman I thank Chief Svetanics for his service to his INDIANS Milanovich also served as a member of the family, community, nation, and to his beloved Bureau of Land Management’s California firefighters all over the St. Louis Metropolitan HON. JEFF DENHAM Desert Advisory Council, and the Native Amer- Area. OF CALIFORNIA ican Heritage Commission. The tribal leader f IN THE HOUSE OF REPRESENTATIVES served as an advocate for HIV prevention with COMMISSIONERS COURT OF EL Monday, March 26, 2012 the Desert AIDS Project for more than 10 PASO COUNTY, TEXAS Mr. DENHAM. Mr. Speaker, I rise today with years. As well as having the Agua Caliente a heavy heart after the passing of Chairman tribe partner with the City of Hope’s ‘‘Hike 4 HON. SILVESTRE REYES Richard M. Milanovich of the Agua Caliente Hope’’ each year at the Indian Canyons trail. OF TEXAS Band of Cahuilla Indians. The hiking event supports women’s cancer IN THE HOUSE OF REPRESENTATIVES Chairman Milanovich grew up on the res- programs at the foundation. ervation in Section 14 in Southern California, Monday, March 26, 2012 Indian Country has lost a true leader and where poverty was rampant. Currently, the staple of the ideals of sovereignty and self-suf- Mr. REYES. Mr. Speaker, I rise today in Agua Caliente Band of Cahuilla Indians is a ficiency. His leadership will not be forgotten recognition of the El Paso County’s Commis- federally-recognized Indian Tribe located in sioners Court who signed the following resolu- Palm Springs, California with 32,000 acres of and his efforts will be the foundation of the fu- tion. reservation lands that spread across Palm ture for Indian tribes throughout the United Whereas, a ‘‘Super-Committee’’ was Springs, Cathedral City, Rancho Mirage, and States. formed and tasked to reduce $1.2 Trillion into the Santa Rosa and San Jacinto moun- from our Nation’s budget over the next 10 tains. f years, but failed at their mission; and, Mr. Milanovich has always been dedicated Whereas, the Department of Defense could BREESE CENTRAL CHAMPIONS endure budget cuts of $487 Billion through- to serving his tribal nation and his country, out the next 10 years; and, where he served in the United States Army Whereas, due to the failure of the ‘‘Super- from 1960 to 1963 and was stationed in Mu- Committee’’ there is an additional $600 Bil- nich, Germany, during the Cold War. He later HON. JOHN SHIMKUS lion in potential budget cuts for deficit-re- returned to school to fulfill a lifelong ambition OF ILLINOIS duction measures targeted towards the De- to secure his college degree and received a partment of Defense; and, Bachelor of Science in Business and Manage- IN THE HOUSE OF REPRESENTATIVES Whereas, future budget reductions of this ment from the University of Redlands in 1996. nature can potentially affect all branches of Monday, March 26, 2012 Defense with reduction of employment and Mr. Milanovich returned to the Agua could decrease the benefits that our troops Caliente reservation and started as a member Mr. SHIMKUS. Mr. Speaker, I rise today to and past veterans receive; and, of the tribal council in 1978. He then quickly congratulate the Breese Central High School Whereas, future reductions should raise ascended through the ranks to serve as sec- Cougars upon winning the 2012 IHSA Class concerns of National Security and the abil- retary from 1982 to 1984, before he was elect- 2A Boys’ State Basketball Championship. ity to defend our Country from future ex- ed chairman. tremities; and, The Chairman’s connection to his tribe’s his- This victory is the perfect end to a remark- Whereas, the United States of America has tory was never lost in his efforts to reinforce able season, in which the Cougars recorded fought for freedom since its creation and tribal sovereignty for Indians across the coun- 32 wins and only one loss. The Cougars beat knows that freedom does not come easy and it definitely does not come without a price try. He was a strong practitioner and supporter the South Holland Sting to advance to the tag; and, of the ancient traditions, ceremonies and prac- championship game, where they defeated the Whereas, our Military’s men and women tices that are important to Indian people. But Normal Pioneers 53–47 and earned their first are to be held at the upmost respect and he was also a very strong leader in 21st-cen- state championship. honor for the service they provide to our tury Indian America. Country and they should feel assured that Through Chairman Milanovich’s leadership, I would like to recognize Head Coach Stan they are a priority and the American people he helped craft mutual land-use agreements Eagleson, Assistant Coaches David Thomas, are behind them; and, with Cathedral City in 1984 and with Rancho Kurt Peters, Jeremy Shubert, Donny Whereas, policies of this type have the Petterson, and Ryan Meyer, Trainer Marty ability to create an internal decrease in mo- Mirage and Riverside County about five years rale and the capability to deter future enlist- later, modeled on an agreement struck with Stewart, and the players themselves: Justin ments to our volunteer military; and, Palm Springs in the late 1970s. The intergov- Becker, Brandon Book, Nick Grapperhaus, Whereas, recent developments of Russia ernmental agreements were among the first of Tanner Imming, Luke Jackson, Greg Meyer, and China vetoing a United Nations resolu- their kind and served as a model for tribes Luis Perez, Austin Rickhoff, Kyler Scheer, An- tion aimed at ending Syria’s violence should throughout the rest of the country. drew Schulte, Noah Stockmann, Gavin Thom- raise concerns that the United States should His first major undertaking was the pur- as, and Jacob Timmermann. keep its military in full force and maintain chase of the Spa Hotel in Palm Springs in their combat readiness for these potential 1992. Since then, his 28-year role as a leader Congratulations to the Breese Central Cou- adversaries and other; and, now, therefore, gars for their championship and their incred- be it of Agua Caliente has allowed the tribe to de- Resolved, that the El Paso County Judge velop self-sufficiency through education, cul- ible season. I look forward to next season, and Commissioners Court hereby disagree tural preservation, housing, and health care and I wish them all the best in their future en- with any future budget cuts that can affect programs. deavors.

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4116 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 26, 2012 PERSONAL EXPLANATION HONORING MAJOR NENG LO cellence, and his contributions to our country will not be forgotten. HON. CHRIS VAN HOLLEN HON. JEFF DENHAM f OF CALIFORNIA A TRIBUTE TO THE LIFE OF OF MARYLAND IN THE HOUSE OF REPRESENTATIVES RODNEY A. ANDERSON IN THE HOUSE OF REPRESENTATIVES Monday, March 26, 2012 Monday, March 26, 2012 Mr. DENHAM. Mr. Speaker, I rise today to HON. JIM COSTA acknowledge and honor the life and service of OF CALIFORNIA Mr. VAN HOLLEN. Mr. Speaker, on Tues- the late Major Neng Lo. Major Lo’s life was IN THE HOUSE OF REPRESENTATIVES day, March 20, 2012, I was unavoidably de- dedicated to his service in the United States Monday, March 26, 2012 tained and missed rollcall votes. Secret Army during the Vietnam War. Neng Lo was born April 1, 1946, in Ban Mr. COSTA. Mr. Speaker, I rise to honor the Following are the votes I missed and how I life of Dr. Rodney A. Anderson, a noted pro- would have voted: Houi Kinning, located in the Houi Kinning Dis- trict of Muang Khoun in the Xieng Khouang fessor at California State University, Fresno On rollcall No. 112, had I been present, I Province of the Kingdom of Laos. He attended (Fresno State) who passed away on March 7, would have voted ‘‘no.’’ Muang Khoun Elementary School. While in the 2012. Dr. Anderson served as a political On rollcall No. 113, had I been present, I fifth grade, he was recruited to train and serve science professor and mentor for hundreds of would have voted ‘‘no.’’ in the United States Secret Army. After com- students. He characterized the best of what our nation’s education system has to offer—he On rollcall No. 114, had I been present, I pletion of training, Neng Lo was incorporated was wise, kind, and worked tirelessly to en- would have voted ‘‘yes.’’ into the Auto Defense Community stationed at Lima Site 15. sure that his students were successful. Dr. Anderson grew up on his family’s farm f In 1964, at the age of 18, he was selected to transfer to the 2nd Company Infantry, 203rd where he learned the value of hard work. Dr. RECOGNIZING GREEK Battalion, Special Guerrilla Units. This unit Anderson attended Geneva High School, INDEPENDENCE DAY ON MARCH 25 was a mobile unit that moved around the where he was an active member of the Future Plains of Jars to ambush and counter attack Farmers of America and excelled in extempo- North Vietnamese Army, NVA, troops that oc- raneous speaking competitions. Upon grad- HON. CHRISTOPHER S. MURPHY cupied the areas. In 1966, he was promoted uating from high school in 1984, Dr. Anderson pursued a bachelor’s degree at the University OF CONNECTICUT to Second Lieutenant and became the Com- mander of the 3rd Company, 203rd Battalion. of Nebraska at Lincoln. After graduating with IN THE HOUSE OF REPRESENTATIVES In January 1967, Neng Lo’s unit was sent to high honors, he earned his master’s and doc- toral degrees in political science at the Ohio Monday, March 26, 2012 Na Khang at Lima Site 36 in the Sam Neua Province. His assignment on this mission was State University. In 1996, Dr. Anderson joined the Fresno Mr. MURPHY of Connecticut. Mr. Speaker, to capture Muang Heim, which had been in- State Political Science Department and I rise today to recognize the 191st anniversary vaded by the North Vietnamese. of the independence of Greece. As a member In late March of 1968, Neng Lo was pro- worked there until his passing. Throughout his of the Congressional Caucus on Hellenic moted to Lieutenant and joined Group Mobiles career, he taught 200 students in five classes Issues, it gives me great pride to draw atten- 21 counter attack on Phou Pha Thi, the moun- every semester. American politics, statistics, tion to our nation’s strong Hellenic heritage tain where United States radar systems were political behavior, and comparative politics and celebrate Greece’s declaration of inde- installed to guide U.S. airstrikes over North were among the subjects Dr. Anderson taught. Many of Dr. Anderson’s students have gone pendence from the Ottoman Empire. Vietnam. Phou Pha Thi had been captured by on to graduate school or rewarding careers as the NVA. During several unsuccessful at- Following 400 years of Ottoman rule, in attorneys, teachers, staff members for the tempts to recapture the site, Neng Lo’s unit March 1821 Bishop Germanos of Patras California State Legislature and the United lost most of its members. raised the traditional Greek flag at the mon- States Congress, or consultants. Henry In December 1969, Neng Lo was promoted astery of Agia Lavras, inciting his countrymen Adams famously said, ‘‘A teacher affects eter- to Captain and was appointed Commander of to rise against the Ottoman army. Against nity; he can never tell where his influence the 203rd Battalion, Special Guerilla Units of overwhelmingly difficult odds, the Greeks stops.’’ As an alumnus of the Political Science the 21st Mobile Group of the United States arose victorious. The following year, the Trea- Department at Fresno State, I know firsthand Secret Army. During this assignment, La’s Unit ty of Constantinople established full independ- the importance of a dedicated teacher who was ordered to control the Long Matt Ridge lo- ence for Greece. serves as an academic guide, moral para- cated south of the Plains of Jars. This was a The United States and Greece have en- digm, and mentor. springboard mission to capture the Plains of joyed a long history of friendship since the Mr. Speaker, I ask my colleagues to join me Jars from the NVA. His mission was to attack early days of Greek independence. Today, we in paying tribute to the life and service of Dr. the North Vietnamese front line directly so are close partners and allies. We share demo- Rodney A. Anderson, a principled man and other units could penetrate the NVA line to at- cratic ideals and common values, many of treasured member of the Fresno State com- tack its reinforcement units and supplies. which were inspired by ancient Greek civiliza- munity. Dr. Anderson’s life was not only filled In November 1970, Captain Lo heliported to tion. In fact, our republic is based on ideas with personal milestones, but his dedication to Khang Kai Lima Site 4 to capture a strategic about self-government set forth and practiced his work and students was admirable. in Athens over 2,500 years ago. position. In December 1970, the NVA attacked Khang Kai with Russian armored tanks and f Over time, many Greek citizens chose to 130 mm mortars, capturing the site. Lo was OUR UNCONSCIONABLE NATIONAL bring their families to the United States, often killed in action. In February 1971, the 201st DEBT to New York and surrounding areas, including Battalion recaptured Khan Kai Lima Site 4, but Connecticut. They became proud American Captain Lo’s body was never found. HON. MIKE COFFMAN citizens, but preserved their history and culture After his death, Neng Lo was promoted to OF COLORADO to pass on to future generations. the rank of Major. Major Lo was married to IN THE HOUSE OF REPRESENTATIVES I am proud to represent the thousands of Mrs. Pang Thao. The couple has two daugh- Greek-Americans who live in northwest Con- ters: Mee Lo and Mao Lo. Neng Lo’s family Monday, March 26, 2012 necticut. Their vibrant culture and important resides in Fresno, California. Mr. COFFMAN of Colorado. Mr. Speaker, contributions have enriched our towns and cit- Mr. Speaker, please join me in post- on January 20, 2009, the day President ies throughout the state. I count many Greek- humously honoring Major Neng Lo for his he- Obama took office, the national debt was Americans as friends, and am pleased to join roic service to the United States of America, $10,626,877,048,913.08. them in celebrating this important day. Zeto E and extending deepest condolences to his Today, it is $15,585,576,040,333.70. We’ve Eleftheria! family. His legacy serves as an example of ex- added $4,958,698,991,420.62 to our debt in 3

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 4117 years. This is debt our Nation, our economy, they dedicated to the Virgin Mary. They called girls and young women and congratulating the and our children could have avoided with a it a Colonie des Fre`res, since they were all re- organization on its centennial celebration. balanced budget amendment. lated by either blood or marriage. Largely due f f to Picquet’s efforts, the colony quickly grew and became a cultural center for the region. It PERSONAL EXPLANATION INTRODUCING THE REPUBLIC OF soon had such facilities as a saw mill, a post GEORGIA DEMOCRACY ACT OF 2012 office, a church, a free school, and even a rail- HON. JESSE L. JACKSON, JR. road station. The settlement was renamed OF ILLINOIS HON. JIM McDERMOTT Sainte Marie, retaining the spelling of their IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON French heritage, and in 1865 Sainte Marie Monday, March 26, 2012 IN THE HOUSE OF REPRESENTATIVES was officially chartered by the State of Illinois. Mr. JACKSON of Illinois. Mr. Speaker, on Monday, March 26, 2012 Today Sainte Marie remains a charming rural community which teaches strong morals Monday, March 19, Tuesday, March 20, Mr. MCDERMOTT. Mr. Speaker, I rise to in- and family values. Its citizens are proud of Wednesday, March 21, and Thursday, March troduce the Republic of Georgia Democracy their town and its history, as well as the many 22, 2012, I was unavoidably detained for per- Act of 2012. This bill sheds light into the dete- businessmen and professionals it has pro- sonal reasons, and missed a series of re- riorating political situation in the Republic of duced. This summer the people of Sainte corded votes. The votes included, H.R. 3992, Georgia and makes clear to the Georgian Marie will honor the town’s history and its citi- to allow otherwise eligible Israeli nationals to Government that maintaining democratic insti- zens with its Quartoseptcentennial Celebra- receive E–2 nonimmigrant visas if similarly sit- tutions and regular free, fair and competitive tion. In recognition of this momentous occa- uated United States nationals are eligible for elections are key priorities for a strong rela- sion, I ask my fellow members of this House similar nonimmigrant status in Israel; H.R. tionship between our two countries. 2087, to remove restrictions from a parcel of This bill will help to reverse the suppression to join with me as I wish them success in their upcoming festivities and in the years to come. land situated in the Atlantic District, Accomack that has been intensifying by showing the County, Virginia; H.R. 5, to improve patient ac- f Georgian President Mikheil Saakashvili the cess to health care services and provide im- cost of these anti-democratic actions. I know 100TH ANNIVERSARY OF THE GIRL proved medical care by reducing the exces- Members of Congress on both sides of the SCOUTS sive burden the liability system places on the aisle share my growing concern over the vio- health care delivery system, among others. lent suppression of parties, nongovernmental If present, I would have recorded my votes organizations and workers in Georgia. I urge HON. JEFF DENHAM OF CALIFORNIA as follows: on March 19, ‘‘yea’’ on rollcall vote my colleagues to support this bill and stand up 111; on Tuesday, March 20, ‘‘nay’’ on rollcall IN THE HOUSE OF REPRESENTATIVES for democracy in Georgia. vote 112, ‘‘nay’’ on rollcall vote 113, ‘‘yea’’ on f Monday, March 26, 2012 rollcall vote 114, ‘‘yea’’ on rollcall vote 115, SAINTE MARIE 175TH Mr. DENHAM. Mr. Speaker, I rise today, ‘‘yea’’ on rollcall vote 116, and ‘‘nay’’ on roll- during Women’s History Month, to commemo- call vote 117; on Wednesday, March 22, ‘‘nay’’ rate the 100th anniversary of the Girl Scouts on rollcall vote 118, ‘‘nay’’ on rollcall vote 119, HON. JOHN SHIMKUS of the United States of America. ‘‘yea’’ on rollcall vote 120, ‘‘nay’’ on rollcall OF ILLINOIS Girls Scouts of America was founded in vote 121; on Thursday, March 22, ‘‘nay’’ on IN THE HOUSE OF REPRESENTATIVES 1912 in Savannah, Georgia. Savannah native rollcall vote 122, ‘‘yea’’ on rollcall vote 123, Monday, March 26, 2012 Juliette ‘‘Daisy’’ Gordon Low started a regular ‘‘nay’’ on rollcall vote 124, ‘‘yea’’ on roll vote Mr. SHIMKUS. Mr. Speaker, I rise today to meeting for local girls to provide them with the 125, and ‘‘nay’’ on rollcall vote 126. honor the village of Sainte Marie, Illinois, upon opportunity to achieve great physical, intellec- f tual, and spiritual success. its 175th anniversary. HONORING THE 40TH ANNIVER- Sainte Marie was founded in 1837 by immi- For 100 years, Girl Scout chapters across SARY OF THE MARIANAS VARI- grants from eastern France. They were a the United States have helped millions of girls ETY NEWS & VIEWS group of several related families, who, fearful grow into women of courage, confidence, and of outside influences on the Church, decided character. Girl Scouts of America has several to establish a colony in America, where they award-winning programs that encourage girls HON. GREGORIO KILILI CAMACHO might practice their religion as they saw fit. To to discover themselves and their values, con- SABLAN this end, they elected to send one of their chil- nect with their communities, and take action to OF THE NORTHERN MARIANA ISLANDS dren, Joseph Picquet, to find a suitable place make the world a better place. Traditions such IN THE HOUSE OF REPRESENTATIVES for their settlement. At the time, Picquet was as the Girl Scout Gold Award challenge girls Monday, March 26, 2012 only 19 years old, but he was wise beyond his to make a measurable and sustainable dif- years. ference in their community by assessing Mr. SABLAN. Mr. Speaker, forty years ago, After arriving in America in 1835, Picquet needs, designing solutions, and organizing re- on March 16, 1972, a local couple in the lived briefly in Philadelphia, learning the lan- sources to sustain the project. Northern Mariana Islands, Abed E. Younis and guage and local customs. He then spent most The impact of Girl Scouts of America pro- Maria Paz Castro Younis, wrote, edited, print- of 1836 exploring America and her vast wilder- grams is not limited to our local communities. ed, and distributed the first issue of the Mari- ness. After extensive travel, he settled on a lo- Specialized learning programs centered on anas Variety News & Views. So began the life cation for the colony in southern Illinois on the science, technology, engineering, and math in- of what is now the oldest local newspaper in Embarras River, not far from Vincennes, Indi- crease the education of young women in our islands—on a table-top printer in a small ana. He chose the site for its untapped re- these important fields. The Girl Scout Re- commercial space they called Younis Art Stu- sources and the strong French presence in search Institute performs research that pro- dio. the area. vides significant insight into the lives of today’s The Variety, as the paper is now more suc- Having found the site for the colony, Picquet girls and young women. cinctly known, still provides its readers with then returned home to collect his family, and Today, more than 50 million American extensive local news and views. It also carries in June of 1837, Picquet and 24 of his rel- women are Girl Scout alumnae, and 3.3 mil- reports of the region, the United States and atives arrived in what would become the vil- lion girls and volunteers are active members in the world, as well as interesting and in-depth lage of Sainte Marie. While preparing their set- Girl Scouts of America. In the Central Valley feature stories. The Variety includes a tlement, they stayed on a nearby farm, and of California, over 12,000 girls ranging in age thought-provoking opinion section, where the their construction efforts were blessed by Fa- from kindergarten to high school are Girl public can air its views, and where the Variety ther Stephen Theodore Badin, the first priest Scouts. itself regularly takes an editorial stand on the to be ordained in the United States. Mr. Speaker, please join me in applauding issues of current political, social, and eco- On October 28, 1837, Picquet and the other the Girl Scouts of the United States of Amer- nomic import in the islands. Always, though, settlers took possession of the land, which ica for 100 years of leadership in the lives of the Variety is a publication independent at

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4118 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 26, 2012 heart without ties to business or political inter- HONORING CAROLYN District of Florida, I want to express my condo- ests. The mission it serves is to deliver the lat- HEBENSTREICH lences on the passing of Ms. Ada Sharpton on est news to our community in a fair and even- Thursday, March 23, 2012, in Dothan, Ala- handed manner. HON. JEFF DENHAM bama. My thoughts and prayers go out to the OF CALIFORNIA family and friends of this loving and devoted These days, the ‘‘community’’ served by the mother. Variety has expanded beyond the shores of IN THE HOUSE OF REPRESENTATIVES With great reverence, I add my voice to the the Northern Marianas. The paper is published Monday, March 26, 2012 chorus of praises and sincere appreciation for and circulated each Monday through Friday in Mr. DENHAM. Mr. Speaker, I rise today to the lifetime works and experience of this ex- the Northern Mariana Islands, Guam, Palau, acknowledge and honor Ms. Carolyn tremely passionate and loving soul, inspiration, and the Federated States of Micronesia. There Hebenstreich, Stanislaus County Veterans and friend to all. Few people have the oppor- are print subscribers far and wide: in the Services Office Manager, who will be retiring tunity to influence so many in their life. All who South Pacific, the Philippines, Hawaii, Japan, on March 31, 2012, after more than 22 years came into contact with Ada were especially and the mainland U.S. And the Variety’s wide- of outstanding service to our veterans. blessed. Her intensity was born of love, her in- ly-viewed website, www.mvariety.com, Carolyn Hebenstreich began working for the sistence was driven by her determination to reaches an even more extensive audience VA Medical Center in Livermore as a student ensure we have the tools to succeed; her style and allows its readers to content with com- helper in Housekeeping during the summer of was to embrace our souls, hearts, and even ments about the published stories and issues 1968. In 1976, Carolyn was hired by the VA squeeze a little harder, just to get our atten- of concern and to interact with one another Medical Center, VAMC, Livermore as a File tion. Clerk and worked her way up to Chief of Of- and share ideas in a forum that is constantly As we join with her loving family, we see in fice Operations. expanding. their eyes this boundless love and the mean- In 1979, Carolyn took a hiatus and worked ing of her life, so richly captured by their indi- The Variety is a member of the Associated in the private sector for about 8 months. She vidual and collective accomplishments, and for Press, Reuters, and the Pacific Island News then worked at the Tracy Defense Logistic whom she served as the driving force. From a Association and has received a number of no- Depot for a short time before transferring back very young age, she encouraged her son Al to table awards including ‘‘Best Newspaper,’’ to VAMC Livermore. In 1985, she transferred preach the word of God and to stand up for ‘‘Best Editorial Writing ,’’ and ‘‘Best News Pho- to VA New Orleans as the Chief of Ambulatory the rights of those who have no voice. tography’’ from the Society of Professional Care. Her desire to return to California As Ms. Ada Sharpton transitions home Journalists—NMI Chapter, an NMI Humanities prompted her transfer back to VAMC Liver- again, we say thank you Ada and we thank Award for Outstanding Contributions to Jour- more in February 1986, where she worked for God for you, always and forever. 3 more years. nalism, Best Online Edition of a Pacific Island Stanislaus County hired Carolyn in June f Newspaper, and an Environmental Achieve- 1989, as Veterans Representative 1 for the ment Award from the U.S. Environmental Pro- Veterans Services Office, VSO. When the De- IN RECOGNITION OF THE SAC- tection Agency. partment Head, Bud Lahr, retired in 1993, the RAMENTO AFRICAN-AMERICAN Over the years, the Variety has been a VSO merged with the Area Agency on Aging ART COLLECTIVE strong community partner, donating to and as- to become the Stanislaus County Department sisting numerous non-profit organizations, of Aging and Veterans Services. HON. DORIS O. MATSUI Carolyn was appointed to be the lead per- events, and activities, as well as creating com- OF CALIFORNIA munity projects such as its own School News- son for the VSO. She served in this capacity IN THE HOUSE OF REPRESENTATIVES paper Program, through which elementary and from 1993 until 2001, when she was promoted to Manager of the VSO. high school students learn about the news Monday, March 26, 2012 Ms. Hebenstreich is accredited by the fol- trade by publishing their own school news- lowing organizations: American Legion, Vet- Ms. MATSUI. Mr. Speaker, I rise today in papers. The Variety also offers great on-the- erans of Foreign Wars, Disabled American recognition of the Sacramento African-Amer- job training opportunities, including annual in- Veterans, Military Order of the Purple Heart, ican Art Collective (SAAAC), which serves to ternships for individuals interested in jour- California Department of Veteran Affairs, and enhance cultural and artistic experiences in nalism, graphic arts, marketing and sales, web the National Association of County Veterans the Sacramento area community. SAAAC press technique, and other aspects of pub- Services Officers. came together in 2010, and offers great op- lishing. In addition, Carolyn has served on various portunities for African-American artists to committees over the years for the California showcase their work in collaboration with local As the newspaper has expanded physically businesses. I ask all my colleagues to join me and geographically, so too has the Younis Association of County Veterans Services Offi- cers and served on the Executive Committee in honoring the artists, organizers, and busi- family’s involvement in day-to-day operations. nesses involved in this valuable cultural re- All six of Abed and Paz’s children—Banny, for 2 years. She has helped organize the An- nual Veterans Day Parades and Veterans source. Laila, Farah, Amier, Suaad, and Salam—grew Award Ceremonies since 1994, and has SAAAC was founded as a means to in- up around and matured with the Variety. worked with the local veterans organizations crease the exposure of African-American art- Today, three of those children have followed on an ongoing basis. ists to the Sacramento community, and like- their parents’ footsteps into the newspaper Mr. Speaker, please join me in honoring and wise to allow the Sacramento community to business. Laila Younis Boyer is now the presi- commending Carolyn Hebenstreich, Stanislaus enjoy the unique messages and perspectives dent of the local corporation, while her brother County Veterans Services Office Manager, for offered by African-American artists. Since its Amier serves as the publisher of the news- her numerous years of selfless service to the inaugural 1st Saturday Art Tour in February, paper’s sister edition on Guam and their broth- betterment of our community. 2011, SAAAC has become an integral part of er Salam is the operations manager of the f the monthly art experience in Sacramento. Saipan office. Local businesses continue to volunteer their ON THE PASSING OF MS. ADA time and space to exhibit the work of these Please join me in congratulating Abed and SHARPTON artists, all of whom are locally-based. Paz Younis, their family, and all of their past In honor of Black History Month, and in col- and current employees and colleagues at the HON. CORRINE BROWN laboration with the California Governor’s office, Marianas Variety News & Views for the news- OF FLORIDA SAAAC exhibited several works in the Gov- paper’s forty years as an important provider of IN THE HOUSE OF REPRESENTATIVES ernor’s Annex at the California State Capitol. local, regional, and international news, a The collection, co-sponsored by the California strong community partner, and a successful Monday, March 26, 2012 Legislative Black Caucus, was titled ‘‘Family: member of the business community in the Ms. BROWN of Florida. Mr. Speaker, on be- Those We Love!’’, and was available to enjoy Northern Mariana Islands. half of the citizens of the Third Congressional from February 20th, to March 2nd, 2012. This

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 26, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 4119

was the first such exhibit in the Governor’s Of- SCOTT RIGELL and myself, to call attention to of the meetings, when scheduled, and fice to acknowledge the contribution of Afri- a group of young students from Hampton, Vir- any cancellations or changes in the can-American artists to the distinct cultural mi- ginia, who have distinguished themselves, meetings as they occur. lieu that makes Sacramento great. The collec- their school, their community and the Com- As an additional procedure along tion is now on display at the Kuumba Collec- monwealth of Virginia. with the computerization of this infor- tive Art Gallery in Sacramento. The Hampton High School Crabbers basket- mation, the Office of the Senate Daily Among the artists and community leaders ball team had a remarkable season. On March Digest will prepare this information for I’d like to recognize are Gerry GOS’’ Simpson, 11, Coach Walter Brower and the Crabbers printing in the Extensions of Remarks Frank Blackwell, Milton Bowens, Warren won their first Virginia state basketball cham- section of the CONGRESSIONAL RECORD Spirling, Lawrence Sullivan, Daphne Burgess, pionship since 1997, their fifth overall, by de- on Monday and Wednesday of each Shonna McDaniel, Gene Howell, Mallory feating Petersburg High School of Petersburg, week. Knight, Lumumba, Marichal Brown, David 64–51, at the VCU Siegel Center in Rich- Meetings scheduled for Tuesday, Alexander, James and Renee Sweeney, John mond, Virginia. March 27, 2012 may be found in the King, Kanika Marshall, Constance King, Mar- After not making it to last year’s Eastern Re- Daily Digest of today’s RECORD. shall Bailey, Frankie Edwards-Lee, Cynthia gion Tournament, the Crabbers came into this Brooks, Janis Wade, and Daneshia Johnson. season as unlikely to win the state champion- MEETINGS SCHEDULED I would also like to recognize the dozens of ship. However, as a result of tireless work on businesses and sponsors that have collabo- the part of both Hampton’s players and coach- MARCH 28 rated with SAAAC, including the Sacramento es, the team was able to rise to a level that, 9:30 a.m. Central Labor Council, AFL–CIO, The given their performance last year, few would Armed Services Brickhouse Gallery, Crave The Spotlight, Pa- SeaPower Subcommittee have thought achievable. To receive a closed briefing on the Ohio- cific Housing Inc., and many others. After three straight close games to begin the Mr. Speaker, I am honored to recognize class Replacement Program in review Virginia High School League tournament, in- of the Defense Authorization request these community members and their priceless cluding a near loss to the Bayside Marlins for fiscal year 2013 and the Future contributions to the rich and diverse cultural from Virginia Beach, the Crabbers never Years Defense Program. experience that Sacramento offers. As artists, trailed their opponents in their final two SVC–217 friends, and community leaders gather at the games. 9:45 a.m. Kuumba Gallery, I ask my colleagues to join Although very accomplished in basketball, Veterans’ Affairs me in honoring the Sacramento African-Amer- Hampton High’s legacy of excellence is not To hold hearings to examine the nomina- tions of Margaret Bartley, of Mary- ican Art Collective and its partners for helping limited to the field of athletics. Under the direc- to enrich our lives. land, and Coral Wong Pietsch, of Ha- tion of Principal Myra Chambers, the Hampton waii, both to be a Judge of the United f faculty seeks to inspire all students to strive States Court of Appeals for Veterans RECOGNIZING PAUL ALLEN’S PER- for excellence and achievement in the class- Claims. SONAL DONATION OF $300 MIL- room, in their extracurricular activities and in SR–418 LION FOR BRAIN RESEARCH their communities. 10 a.m. As a direct descendent of the Syms-Eaton Appropriations School, the first free school in America estab- Department of Defense Subcommittee HON. CATHY McMORRIS RODGERS To hold hearings to examine Department lished in the American colonies, Hampton OF WASHINGTON of Defense health programs. IN THE HOUSE OF REPRESENTATIVES High has continued to uphold a tradition root- SD–192 ed in excellent public education. Affectionately Foreign Relations Monday, March 26, 2012 known as the ‘‘little Pentagon,’’ Hampton has To hold hearings to examine United Mrs. MCMORRIS RODGERS. Mr. Speaker, been selected in the past as one of the best States policy on Iran. I rise today in my role as co-chair of the bipar- schools in the United States when it received SD–419 tisan Congressional Neuroscience Caucus. the national Award of Academic Excellence Judiciary The caucus works on a bipartisan basis to from the Department of Education. Hampton’s To hold hearings to examine the Special share the latest developments in neuroscience Counsel’s report on the prosecution of commendation for this award read in part: Senator Ted Stevens. so that we might unlock new insights and new Hampton High has seen ‘‘the glory of a matur- SD–226 cures. ing nation and the pain of depression and war- Appropriations Yesterday was a historic day in the neuro- fare. Yet through it all, the school has always Departments of Labor, Health and Human science research community. That’s because respected and upheld the traditional values of Services, and Education, and Related yesterday, Paul Allen made a personal dona- educational achievement and pride in one’s Agencies Subcommittee tion of $300 million to help better understand community. . . .’’ To hold hearings to examine proposed the human brain. So, on this occasion, we would like to ex- budget estimates for fiscal year 2013 for This is one of the largest donations ever for the National Institutes of Health. tend our enthusiastic congratulations to Coach SD–124 brain research. But it is not the first. Mr. Walter Brower, his coaching staff, the players Allen—best known as the co-founder of Micro- Appropriations on the Hampton High School Crabbers and to Military Construction and Veterans Af- soft—made a $100 million donation nine years all Hampton High School students, families, fairs, and Related Agencies Sub- ago when he launched the Allen Institute for friends and fans, for their continued dedication committee Brain Science. In fact, he now has contributed to excellence in winning the Group AAA Vir- To hold hearings to examine proposed some $500 million to this great quest. ginia High School League state basketball budget estimates for fiscal year 2013 for I would like to recognize Mr. Allen and wish championship of 2012. the Department of the Navy and the his amazing team of scientists success, be- Department of the Air Force. cause all of society stands to benefit. f SD–138 10:30 a.m. f SENATE COMMITTEE MEETINGS Inaugural Ceremonies—2012 IN RECOGNITION OF THE HAMP- Title IV of Senate Resolution 4, Organizational business meeting to con- TON HIGH SCHOOL BASKETBALL agreed to by the Senate on February 4, sider an original resolution authorizing TEAM 1977, calls for establishment of a sys- expenditures for committee operations tem for a computerized schedule of all and committee’s rules and procedure meetings and hearings of Senate com- for the 112th Congress. HON. ROBERT C. ‘‘BOBBY’’ SCOTT mittees, subcommittees, joint commit- S–216, Capitol OF VIRGINIA tees, and committees of conference. 2 p.m. IN THE HOUSE OF REPRESENTATIVES Appropriations This title requires all such committees Monday, March 26, 2012 Commerce, Justice, Science, and Related to notify the Office of the Senate Daily Agencies Subcommittee Mr. SCOTT of Virginia. Mr. Speaker, I am Digest—designated by the Rules Com- To hold hearings to examine proposed honored to rise, on behalf of Congressman mittee—of the time, place, and purpose budget estimates for fiscal year 2013 for

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 4120 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 26, 2012 the National Aeronautics and Space retary of the Army, all of the Depart- Rules and Administration Administration. ment of Defense. To hold hearings to examine S. 2219, to SD–124 SD–G50 amend the Federal Election Campaign 2:30 p.m. Energy and Natural Resources Act of 1971 to provide for additional Commerce, Science, and Transportation To hold hearings to examine current and disclosure requirements for corpora- To hold hearings to examine the science near-term future price expectations tions, labor organizations, Super PACs and standards of forensics. and trends for motor gasoline and and other entities. SR–253 other refined petroleum fuels. SR–301 Banking, Housing, and Urban Affairs SD–366 Small Business and Entrepreneurship Economic Policy Subcommittee Judiciary To hold hearings to examine the Presi- To hold hearings to examine retirement, Business meeting to consider S. 2159, to dent’s proposed budget request for fis- focusing on examining the retirement extend the authorization of the Drug- savings deficit. Free Communities Support Program cal year 2013 for the Small Business SD–538 through fiscal year 2017, and the nomi- Administration. Appropriations nations of Richard Gary Taranto, of SR–428A Energy and Water Development Sub- Maryland, to be United States Circuit 2 p.m. committee Judge for the Federal Circuit, William Appropriations To hold hearings to examine proposed J. Kayatta, Jr., of Maine, to be United Agriculture, Rural Development, Food and budget estimates for fiscal year 2013 for States Circuit Judge for the First Cir- Drug Administration, and Related the Army Corps of Engineers and Bu- cuit, Robin S. Rosenbaum, to be United Agencies Subcommittee reau of Reclamation. States District Judge for the Southern To hold hearings to examine proposed SD–192 District of Florida, Gershwin A. Drain, budget estimates for fiscal year 2013 for Homeland Security and Governmental Af- to be United States District Judge for the Department of Agriculture. fairs the Eastern District of Michigan, John SD–192 Federal Financial Management, Govern- Thomas Fowlkes, Jr., to be United 2:15 p.m. ment Information, Federal Services, States District Judge for the Western Foreign Relations and International Security Sub- District of Tennessee, Kevin McNulty, African Affairs Subcommittee committee and Michael A. Shipp, both to be a To hold hearings to examine Nigeria, fo- To hold hearings to examine assessing ef- United States District Judge for the cusing on security, governance, and forts to combat waste and fraud in Fed- District of New Jersey, Stephanie trade. eral programs. Marie Rose, to be United States Dis- SD–419 SD–342 trict Judge for the Southern District of 2:30 p.m. Appropriations Iowa, and Gregory K. Davis, to be Intelligence Financial Service and General Government United States Attorney for the South- To hold closed hearings to examine cer- Subcommittee ern District of Mississippi, Department tain intelligence matters. To hold hearings to examine enhancing of Justice. economic growth, focusing on the De- SD–226 SH–219 partment of the Treasury’s responses 10 a.m. to the foreclosure crisis and mounting Homeland Security and Governmental Af- APRIL 18 student loan debt. fairs 2:30 p.m. SD–138 Contracting Oversight Subcommittee Armed Services Judiciary To hold hearings to examine contractors, Readiness and Management Support Sub- To hold hearings to examine certain focusing on how much they are costing committee nominations. the government. To hold hearings to examine financial SD–226 SD–342 management and business trans- Armed Services Banking, Housing, and Urban Affairs formation at the Department of De- Strategic Forces Subcommittee Business meeting to consider the nomi- fense. To hold hearings to examine Department nations of Jerome H. Powell, of Mary- SD–G50 of Defense nuclear forces and policies land, and Jeremy C. Stein, of Massa- in review of the Defense Authorization chusetts, both to be a Member of the APRIL 25 request for fiscal year 2013 and the Fu- Board of Governors of the Federal Re- 2 p.m. ture Years Defense Program; with the serve System, Jeremiah O’Hear Nor- possibility of a closed session in SVC ton, of Virginia, to be a Member of the Armed Services 217 following the open session. Board of Directors of the Federal De- Personnel Subcommittee SR–222 posit Insurance Corporation, and Rich- To resume hearings to examine the Ac- ard B. Berner, of Massachusetts, to be tive, Guard, Reserve, and civilian per- MARCH 29 Director, Office of Financial Research, sonnel programs in review of the De- fense Authorization request for fiscal 9:30 a.m. and Christy L. Romero, of Virginia, to year 2013 and the Future Years Defense Armed Services be Special Inspector General for the To hold hearings to examine the nomina- Troubled Asset Relief Program, both of Program. tions of Frank Kendall III, of Virginia, the Department of the Treasury; to be SD–106 to be Under Secretary for Acquisition, immediately followed by a hearing to Technology, and Logistics, James N. examine developing the framework for POSTPONEMENTS Miller, Jr., of Virginia, to be Under safe and efficient mobile payments. Secretary for Policy, Erin C. Conaton, SD–538 MARCH 28 of the District of Columbia, to be Health, Education, Labor, and Pensions Under Secretary for Personnel and To hold hearings to examine Food and 10 a.m. Readiness, Jessica Lynn Wright, of Drug Administration (FDA) user fee Homeland Security and Governmental Af- Pennsylvania, and Katharina G. agreements, focusing on strengthening fairs McFarland, of Virginia, both to be an FDA and the medical products industry Business meeting to consider pending Assistant Secretary, and Heidi Shyu, of for the benefit of patients. calendar business. California, to be an Assistant Sec- SH–216 SD–342

VerDate Sep 11 2014 12:37 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR12\E26MR2.000 E26MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD