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

Vol. 157 WASHINGTON, TUESDAY, MARCH 1, 2011 No. 29 House of Representatives The House met at 10 a.m. and was A few decades ago, Chattanooga’s The same Chattanooga that once called to order by the Speaker pro tem- economy was dwindling. Legacy com- lagged behind the rest of the Nation is pore (Mr. WEBSTER). panies were closing. Local manufactur- moving ahead. We’re receiving praise f ers were folding in the face of global from all sides for generating growth in competition. We were even said to have an adverse economy and for maintain- DESIGNATION OF SPEAKER PRO the dirtiest air in America. ing an outstanding quality of life in TEMPORE Today, Chattanooga is a place that the process. Chattanooga now offers The SPEAKER pro tempore laid be- has attracted more than $4 billion in the fastest residential Internet service fore the House the following commu- new investment during the recent re- in the United States and is one of only nication from the Speaker: cession. It is a place that has the fast- a handful of cities in the world that WASHINGTON, DC, est residential Internet service in the runs at 1,000 megabits per second. And March 1, 2011. United States, and Chattanooga is a the Electric Power Board, our city’s I hereby appoint the Honorable DANIEL place that one national publication local electric utility, has installed a WEBSTER to act as Speaker pro tempore on called the region with ‘‘the greatest fiber-optic network that uses smart this day. economic growth potential’’ in Amer- meters to process real-time informa- JOHN A. BOEHNER, ica. Speaker of the House of Representatives. tion and adjust transmissions accord- In August, the buzz about Chat- ing to the needs of individual homes. f tanooga brought an economic and so- All 170,000 homes in EPB’s service area cial development think tank to our MORNING-HOUR DEBATE benefit from this technology. city for a firsthand look. The group— The SPEAKER pro tempore. Pursu- called the Intelligent Community But Chattanooga’s strides in ant to the order of the House of Janu- Forum—studies 21st-century growth broadband and digital inclusion are ary 5, 2011, the Chair will now recog- within the global community. It looks just part of the picture. Chattanooga nize Members from lists submitted by at cities that are leveraging 21st-cen- was one of the first cities to come out the majority and minority leaders for tury infrastructure to create jobs and of the recession, thanks in part to a morning-hour debate. foster innovation. After spending a few strong business community. Coordi- The Chair will alternate recognition days in Chattanooga, the Intelligent nated efforts between nonprofit organi- between the parties, with each party Community Forum confirmed some- zations are driving small-company for- limited to 1 hour and each Member thing we have known for a long while: mation. The Chattanooga-area cham- other than the majority and minority big things are happening in our com- ber of commerce runs one of America’s leaders and the minority whip limited munity. largest business incubators, with 60 to 5 minutes each, but in no event shall What the Intelligent Community companies employing more than 500 debate continue beyond 11:50 a.m. Forum saw during its trip to Chat- people under one roof. f tanooga, and has learned about us These are just a few examples of the since, recently led them to name our way Chattanooga is setting itself apart GREAT THINGS HAPPENING IN community as one of the seven smart- CHATTANOOGA from the rest of the world. Every leap est cities in the world. We are now run- we make ahead underscores the forces The SPEAKER pro tempore. The ning for the number one spot. that are fueling our progress: vision Chair recognizes the gentleman from The awards for top designation go to and collaboration. These are exactly Tennessee (Mr. FLEISCHMANN) for 5 cities that are using information and the qualities the Intelligent Commu- minutes. communications technology to move nity Forum looks at in a number one Mr. FLEISCHMANN. Mr. Speaker, I every sector of their community ahead. city. rise today to take this moment to These cities are leaders, and to be bring your attention to some exciting counted among them means you are I would like to congratulate Chat- developments from my hometown of growing in ways the rest of the world is tanooga for the recognition it is earn- Chattanooga, Tennessee. For those of not. ing, and I hope you will join me in sup- you who haven’t heard, Chattanooga The Intelligent Community Forum is porting our quest to become the Most has undergone incredible trans- saying Chattanooga is a place to Intelligent Community for 2011. Great formation over the past several years; watch. What they see in our commu- things are happening in Chattanooga and, now, the story of our progress is nity is what I want to talk to you right now; and, Mr. Speaker, a lot more making news across the globe. about today. are expected to come.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.000 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1394 CONGRESSIONAL RECORD — HOUSE March 1, 2011 HONORING PEACE CORPS ON ITS School. He then went on to study plant SECURE ACT INTRODUCTION 50TH ANNIVERSARY sciences at Cornell. Just 4 months after The SPEAKER pro tempore. The The SPEAKER pro tempore. The graduating summa cum laude from col- Chair recognizes the gentleman from Chair recognizes the gentleman from lege, Gabe entered into the Peace Corps Pennsylvania (Mr. MURPHY) for 5 min- in Paraguay to serve in an agricultural California (Mr. FARR) for 5 minutes. utes. Mr. FARR. Mr. Speaker, I rise today role there. Right now, Gabe is working Mr. MURPHY of Pennsylvania. Mr. to honor the 50th anniversary of the shoulder to shoulder with community Speaker, currently, U.S. families spend Peace Corps and the nearly quarter members in eastern Paraguay on rural about $1 billion per day on imported million people who have served in the agricultural development. Like many oil. We import about 1.6 billion barrels Peace Corps volunteers, Gabe’s service Peace Corps in the name of peace. from politically unstable nations with Fifty years ago, John F. Kennedy ripples out far beyond one single a corresponding instability in prices, signed the executive order creating the project. He also helped to start a which influences our dollars, our econ- composting initiative, teaches English, Peace Corps, and the significance of omy, and sometimes our soldiers hav- and is working to set a library up and this executive order reverberated ing to look at defending these areas. get it running. around the world. At that moment in We are currently losing 220,000 bar- There are others, like Ashley Burke rels per day in domestic production be- our history, America was in the throes from Marina, who is teaching English of a Cold War, and the international cause of the administration’s morato- at an orphanage in Rwanda; and there rium on Gulf of Mexico oil rigs. This community viewed our great Nation is James Staples from Pacific, who is also means the government is losing al- with increasing cynicism. working on sustainable rural tourism most $1.4 billion in revenue that we so Amidst this global tension, the Peace in Guatemala. sorely need. Keep in mind that each Corps showed the world the enduring Gabe, Ashley, and James are power- one cent increase in the price of gaso- values of peace, commitment to na- ful ambassadors who have committed 2 line costs American families $1 billion tional service, and an optimism that years of their lives to serving Amer- per year. That’s money that is not had been eclipsed in the Cold War and ica’s best values abroad. The American going into our economy. Because 60 World War II. taxpayers reap a huge return on their percent of our oil comes from foreign Under the masterful direction of Sar- investment in this remarkable pro- countries, it is money that is going gent Shriver, the Peace Corps’ ranks gram. To date, more than 20 countries into other economies. swelled to 15,000 volunteers in 44 devel- have requested Peace Corps volunteers, Now, while this moratorium is tak- oping countries within the first 5 years and other countries want an increase ing place, at least 12 rigs have already of existence. in the number of volunteers allocated departed from the gulf, some not to re- I was one of those early recruits. to them. turn, as they move these rigs to oper- Right after college, I found myself in The Peace Corps is able to build this ate in other countries, which can cost Peace Corps training and ended up in a goodwill on a shoestring budget. Dollar $1 million a day. Four more are consid- poor barrio in Medellin, Colombia. I for dollar, Peace Corps volunteers are ering leaving. That’s 6,000 jobs in jeop- saw the grinding cycles of poverty that one of our most effective ambassadors ardy. Currently, more than 30 drilling left so many men, women, and children of international development and di- rigs in the Gulf of Mexico are idle; and without hope. I committed then to plomacy. In fact, the Peace Corps even though the administration is now work to end the culture of poverty. It amounts to, roughly, 1 percent of our allowing just one of those rigs to move is in no small part because of that ex- total Federal budget. For the cost of forward with exploration, all other ex- perience in the Peace Corps that I am sending one soldier to Afghanistan, the ploration is still off limits with some- standing here today in the well of the Peace Corps can send 13 volunteers to thing of a permitorium, as they’re United States Congress. developing countries to serve U.S. in- looking at their permits all over again. Mr. DREIER. Mr. Speaker, will the terests in the name of peace. In the That is why yesterday I introduced gentleman yield? midst of our tight budget climate, the the Safe Exploration Coming from Un- Mr. FARR. I yield to the gentleman Peace Corps is one of the most low- derwater Reserves of Energy Act, or from California. cost, high-return tools in our foreign the SECURE Act. This bill allows all of Mr. DREIER. I thank my friend for policy toolbox. those Gulf of Mexico drilling permits yielding. In honor of the 50th anniversary of to move safely forward, those which Mr. Speaker, I would simply like to the Peace Corps, I am proud to join my have already been approved by regu- join in congratulating my friend for his fellow returned Peace Corps volun- lators. Keep in mind, all of these have extraordinary service in the Peace teers, who are TOM PETRI, MIKE HONDA been reviewed thoroughly. It takes a Corps. He not only served at that time, and JOHN GARAMENDI—all Members of lot of time to do that, and they all fol- but he continues to share that experi- Congress—to introduce a bipartisan low strict regulations. There are no ence with us today; and as we focus on bill to establish a commemorative shortcuts on safety, and there is no by- countries that are dealing with dif- work in the District of Columbia to passing environmental regulations. ficulty all around the world, the expan- recognize the founding of the Peace Quite frankly, I trust our environ- sion of the Peace Corps is something Corps, which will be at no expense to mental regulations to protect the envi- that has been very important and rec- the U.S. taxpayer. ronment more so than those of other ognizing the 50th anniversary is some- This bill, which passed the House by countries. thing that I am happy to join my col- voice vote last Congress, commemo- What we have from the lost produc- league in doing. rates the creation of a unique form of tion of the domestic oil industry means Mr. FARR. Thank you, Mr. DREIER, public service that promotes peace we are increasingly dependent on those and I appreciate your support as well. through people-to-people diplomacy unstable foreign regimes to meet our Over the past 50 years, through war and cross-cultural understanding, and needs, which puts our economy at risk and conflict, the Peace Corps has it doesn’t cost the taxpayers a single should another spike in oil prices occur shown the world the hopeful, uplifting penny. I urge my congressional col- like the one we have now. Add to this side of America that reflects our funda- leagues to honor America’s commit- and punctuate this with the recent un- mental ideas of peace, service and ment to peace by supporting the swift rest in Libya, Egypt, Bahrain, Yemen, grass-roots development. That great passage of this timely legislation. and whatever country may come next, legacy continues today. At this mo- So today, as we mark a significant which helps point out a lot of our vul- ment, 8,655 volunteers are serving in 76 milestone in America’s history, I urge nerability: the vulnerability of what developing countries around the world. each of you to join me in honoring happens if the Suez Canal is closed your constituents who have served in down even for a short period of time; b 1010 and who are supporting the Peace the vulnerability that comes if Libyan I am proud to say that 25 of those Corps funding so that we can usher in oil production declines; the vulnerabil- volunteers are from my district. the next generation of Americans who ity that comes with Iran and its use of Among them is Gabe LaHue, who was want to serve this country in the name oil revenue to put pressure on other na- the valedictorian at Aptos High of peace. tions to support their efforts to develop

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.003 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1395 nuclear weapons, their threats to Israel nated programs actually save the gov- undo this historic improvement and re- and their threats to dominate the Mid- ernment far more money than they duce food safety by cutting FDA’s food east. cost. safety programs by about $241 million. The cost of an arms race in the Mid- Penny wise and pound foolish. In the United States, an estimated 76 east and an arms race in the world So the Republican claims that they million people get sick each year with with new nuclear weapons far surpasses are saving the Federal Government food-borne illnesses and 5,000 die, ac- anything we can imagine—as are the more than $60 billion is simply untrue. cording to the U.S. Centers for Disease revenues we can get from oil. Yes, they are eliminating $60 billion Control and Prevention. All of the So I ask my colleagues to join me in from the budget, but in reality they medical costs and economic losses as- supporting this bill, the SECURE Act, are increasing the deficit in other areas sociated with food-borne illnesses add so we can secure our own energy fu- that do not appear in the budget—or up to a staggering price of $152 billion, ture, so we can lower gas prices, so we certainly not this year. says the Pew Charitable Trusts. By can create thousands of jobs right here As Paul Krugman would say: Eat the slashing funding from the FDA’s food at home: from drilling on these rigs, future or lose the future. They’re not safety programs, more and more people from developing the pipe, from building concerned about the future. It’s about will get sick, and the $152 billion an- the rigs, from so many other supply today; and if it’s the future, it’s the nual pricetag is going to climb even chains of what we have in this Nation 2012 election. higher. That doesn’t sound like a re- to do this, and above all, so we keep The problem is that the Republicans’ sponsible physical or fiscal policy to our domestic oil at home rather than so-called ‘‘budget hawks’’ fail to look me. pay for our own dollars to go to other at this holistically. The only costs Clean water: Although more than 70 nations. they see are numbers on a page that percent of the Earth is covered in We can drill for our oil and our own they want to hold up as talking points. water, only about 1 percent of all the jobs, and we can boost our own econ- water on the planet is safe to drink. b 1020 omy; or we can continue to be depend- H.R. 1 will reduce that 1 percent by al- ent on unstable nations, rising prices This slide shows some of the cuts. lowing major corporations and devel- and, sadly, paying for both sides of the The Food and Drug Administration re- opers to pump toxins into our water, war on terror. It is a sobering thought ceived funding $241 million below 2010 and by failing to invest in the nec- for Americans to think that every time and $400 million below the administra- essary infrastructure to maintain, they go to put gasoline in their tanks tion’s 2011 budget request. That’s the treat, and deliver safe drinking water. they’re funding both sides of the war Food and Drug Administration. Re- It reduces the Drinking Water State on terror. member thalidomide babies? Remem- Revolving Fund by 56 percent, a pro- That alone should be enough to make ber Fen-Phen? Remember the problems gram that leverages significant private us change our approach. That alone with meat, chicken, poultry, and spin- finances by providing low and no-inter- should be enough to say let’s use our ach? est loans to States to fund drinking oil and our resources instead of prop- Food Safety and Inspection Service: water infrastructure improvement ping up the economies of other nations. It makes cuts of $88 million below the projects. That alone should be something that 2010 funding levels and $107 million Leaking pipes and deteriorating motivates us to make sure we are below the administration’s 2011 budget mains lead to costly bacteria contami- working on these issues. Hopefully, request. nation and cause chronic health prob- that means we can melt this morato- The National Institutes of Health: lems to thousands of Americans. As you can see, the physical health of rium on our own domestic oil produc- Cuts appropriations for the NIH by $1.6 our Nation is being threatened, not tion. billion below FY 2010 and $2.5 billion just the fiscal health. We need to be The choice is ours. I hope all of my below the President’s budget. You concerned about the physical health of colleagues will choose to support jobs know the National Institutes of our children and be concerned about of the United States of America as op- Health—they’re trying to find cures for how the long-term effects of this will posed to supporting those dollars that Alzheimer’s and Parkinson’s and diabe- be. are just going to other countries. tes and cancer. Oh, let’s cut them by f f $1.6 billion. Clean drinking water: The Repub- A TRIBUTE TO CONGRESSMAN EAT THE FUTURE OR LOSE THE lican bill slashes the Clean Water and STEVE HORN FUTURE Drinking Water State Revolving Fund The SPEAKER pro tempore. The The SPEAKER pro tempore. The by 56 percent. EPA: The bill includes Chair recognizes the gentleman from Chair recognizes the gentleman from an undesignated $300 million recision California (Mr. DREIER) for 5 minutes. Tennessee (Mr. COHEN) for 5 minutes. to EPA. Mr. DREIER. Mr. Speaker, the week Mr. COHEN. Mr. Speaker, by reck- Medicare: Cuts appropriations for the before last, just before we adjourned, lessly slashing more than $60 billion Centers for Medicare and Medicaid we got the sad news of the passing of from the budget, the Republican major- Services by $458 million below fiscal our good friend and former colleague ity is trying to assume the mantle of year 2010 and $634 million below the Congressman Steve Horn. fiscal responsibility. Yes, fiscal. Some- President’s budget request. Steve Horn was without a doubt one times we in politics have problems However, what they failed to con- of the most intelligent and accom- with pronunciations, and sometimes we sider are the benefits associated with plished Members to ever serve in this have problems with concepts. There are these costs, many of which generally body, and at the same time, Mr. Speak- two ‘‘fiscals.’’ There is the ‘‘fiscal’’ exceed the cost. And by failing to con- er, he was one of the kindest and most dealing with dollars, F-I-S-C-A-L, and sider money saved, the Republicans are decent Members. He got his bachelor’s there is the ‘‘physical,’’ P-H-Y-S-I-C-A- increasing the deficit and increasing degree from Stanford University, his L. They are trying to assume the man- cost. master’s from Harvard, and went back tle of fiscal responsibility. Nowhere is this failure in fiscal pol- and got his Ph.D. at Stanford Univer- Within the $60 billion, there are cer- icy more apparent than when it comes sity. He served in strategic intelligence tainly some cuts that should be made to the physical health of the American in the early 1950s in the U.S. Army Re- that would be cost effective, and there people. The Republican’s continuing serve, and then he got involved in pub- are other cuts that weren’t made that resolution will increase the deficit dra- lic service in a big way. He served in should have been made from the De- matically as a result of unseen health the Eisenhower administration, and he fense Department, farm subsidies and care costs associated with the degrada- went on to become legislative assistant other places. Many of the programs tion of the air we breathe, the water we to California Senator Tom Kuchel. that were cut or that were severely un- drink, and the food we eat. From that point forward, he dedi- derfunded are programs that have a Now the physical impact of the Re- cated himself to public service, and he significant financial return. In fact, publican cuts. The FDA: $241 million. expanded that greatly. He got into edu- many of these underfunded or elimi- The Republican majority is working to cation, and for nearly two decades,

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.005 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1396 CONGRESSIONAL RECORD — HOUSE March 1, 2011 from 1970 to 1988, he served as president Technology for 6 years, and I was the In 2007 to 2008, the last global food of the California State University at ranking member with him. So not only crisis, there were major food riots in Long Beach. During that period of was he dedicated to running govern- nearly 40 countries. In May 2008, my time, he was named one of the 100 most ment better, saving taxpayers money, fellow cochair of the House Hunger effective college presidents in the but he also legislated and passed many Caucus, Congresswoman JO ANN EMER- country. important bills. SON, and I were briefed by the GAO Mr. Speaker, then he joined us here He helped me pass a bill that I au- about the lack of coordination and con- as a Member of Congress, serving for thored, the Nazi War Crimes Disclosure tinuity in U.S. food and development five terms. He was an individual who Act, which we worked on together for programs. We started calling for a spent a great deal of time and effort fo- roughly 7 years—it took us that long to comprehensive approach to address cusing on issues. In fact, one of the pass it. A book has been written about global hunger and food insecurity. great stories about Steve Horn I heard that process and the bill, and what it Now, thanks in large part to the ef- from his former staff member, who I’m has done to help in problem-solving forts and leadership of Secretary of happy to say when he left came to now as we confront delicate issues State Hillary Clinton and USAID Di- work for me, Alisa Do, who was his leg- going forward. rector Raj Shah, the U.S. Government islative assistant, now my legislative responded to that call and, over a 2- b 1030 director—she told me of how they year period of time, initiated a com- would often be looking for Congress- The first hearing on the Debbie prehensive, government-wide approach man Horn. There were votes taking Smith bill, which has been called the to reduce global hunger and increase place here in the House, and he was most important anti-rape bill in the nutrition and food security—not be- over in the Library of Congress, didn’t history of our country, was in his com- cause it feels good, not even because have a pager with him—we didn’t have mittee where Debbie Smith testified it’s the right and moral thing to do, BlackBerrys at the time. And yet he about her rape, the fact that no one but because it’s in our national secu- was over there in the library studying, was reacting to it. And this whole ef- rity and economic interest to make trying to get more and more informa- fort, including that hearing that he countries’ food secure, more produc- tion and develop his knowledge. chaired, was made into a movie called tive, healthier, and more stable. He also was someone who never hesi- ‘‘A Life Interrupted’’ and how DNA has This strategy is known as the Global tated to go against the grain. He served been used to put rapists behind bars. Hunger and Food Security Initiative. It on the Government Operations Com- He was a dedicated, wonderful per- includes our bilateral programs and ef- mittee—government reform was a pri- son. He also chaired the Arts Caucus forts with other governments and mul- ority for him—and Transportation. He and worked hard for its funding. tilateral institutions. To be successful, represented the Long Beach area, and In a time when we talk about biparti- everyone has to pitch in. he understood that 40 percent of the sanship, Steve Horn was the real deal: Feed the Future is the signature pro- goods going to and from the consumers a bipartisan problem-solver. He wanted gram of the U.S. strategy. It works and workers of the United States go to get the problems solved. He wanted with small farmers and governments to through the ports of Long Beach and to help this country, help his commu- increase agricultural production and Los Angeles, and he was always dedi- nity. He was devoted to his wife and strengthen local and regional markets cated to ensuring that that was a very two children and grandchild. He was in order to reduce hunger and grow high priority. And he had this great just a great guy. economies. focus on reforming and improving the Mr. DREIER. I thank my friend for Other key elements include the operations of the Federal Government. her very thoughtful contribution. McGovern-Dole Food for Education and Mr. Speaker, he was an institution- Mr. Speaker, I just want to say that Child Nutrition Program that brings alist. He loved this body, under- our thoughts and prayers are with Nini kids to school and keeps them there by standing that the deliberative nature and their wonderful family. making sure that they get at least one of service here and of our work is very f nutritious meal each day at school. This program has proven to be espe- important and can’t be forgotten. FOOD SECURITY IS NATIONAL cially effective in convincing families Steve leaves his wonderful wife, SECURITY Nini—they were married for 57 years— to send their daughters to school. two children, and one grandchild. And The SPEAKER pro tempore. The And finally, there is our Food for I’ve got to say that I miss his advice, Chair recognizes the gentleman from Peace Program, which provides food to counsel, friendship, and camaraderie. Massachusetts (Mr. MCGOVERN) for 5 millions of women, children, and men I would now like to, in the spirit of minutes. caught in life-threatening situations bipartisanship, yield to my friend from Mr. MCGOVERN. Mr. Speaker, at the brought on by natural disasters, war, Manhattan (Mrs. MALONEY), who served end of January, the United Nations re- and internal conflict. This program with him on the Government Reform ported that the cost of basic food com- provides U.S.-grown commodities and Committee. modities—basic grains, vegetable oils, locally purchased foods that literally Mrs. MALONEY. I thank the gen- sugar—were at their highest levels keep people trying to survive in the tleman. since the U.N. created this index in world’s most dangerous situations I rise in tribute to Representative 1990. alive. Steve Horn. He was a thoughtful, dedi- Two weeks ago, World Bank Presi- Mr. Speaker, I have never heard any- cated, honorable man who built his dent Robert Zoellick announced that one say that they would like to see record on bipartisan cooperation and the Bank’s food price index shows food more hunger in the world, that they commitment to good government. prices are now 29 percent higher than would like to see children too weak He was a legislator’s legislator. He they were a year ago. Zoellick warned from hunger to be able to learn, or was deeply committed to doing the the G–20 to put food first when they young girls forced to work long hours right thing, writing the right bill, get- next meet. because they no longer are being fed at ting it passed. And he was also a very The World Bank estimates that these school. But that’s exactly what the good friend of mine. He came with his recent food price spikes have pushed budget cuts that passed the House 1 wife and visited me in my home in New about 44 million people into extreme week ago would do. York. I went to visit him in his dis- poverty. That’s under $1.25 a day. The House cut $800 million out of the trict, the district that he loved and was This is a global security crisis. food aid budget and over 40 percent totally dedicated to. The lack of food security contributes from the development assistance, During his 10 years of service here in to political instability. Food was a pri- which is where Feed the Future is the House of Representatives we mary reason people first took to the funded. If these shortsighted and, quite worked together on the Oversight and streets in Tunisia. Food and poverty frankly, callous cuts are allowed to Government Reform Committee. He were right at the top of the list in the stand, we would literally be taking the chaired the Subcommittee on Govern- squares of Egypt right next to the call food out of the mouths of over 2 mil- ment Management, Information and for political freedom. lion children. We would be depriving

VerDate Mar 15 2010 03:56 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.007 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1397 over 18 million people the food that Feed the Future initiative, which aims to country, that reached the highest he keeps them alive in Haiti, Darfur, Af- bolster poor countries’ food production capa- could in the branch of service where he ghanistan, Guatemala, Ethiopia, bilities. Congressional Republicans are de- served. Kenya, and elsewhere. We would be termined to hack as much as they can out of Mr. Speaker, as you know, I rep- foreign aid. The continuing resolution passed turning our backs on countries where by the House cuts $800 million out of the resent the Third District of North we made commitments to help boost food aid budget—bringing it down to about $1 Carolina, the home of Camp Lejeune the production of their own small billion, roughly where it was in 2001. Marine Base. Recently, I was with a farmers so they could finally free The White House needs to push back hard. marine who has served this Nation for themselves of having to depend on U.S. This isn’t a question of charity. It is an issue years. He shares my concern about get- and international food aid to feed their of life or death for millions of people. And ting out of Afghanistan. So I asked this own people. the hard truth is that if the United States marine if he would write me a letter, Enough, Mr. Speaker, enough. doesn’t keep its word, no one else will. and this is what he wrote: This isn’t a question of charity. It’s f ‘‘Congressman JONES, I am writing an issue of national security, of what AFGHANISTAN this letter to express my concern over happens when desperate people can’t the current Afghanistan war. I am a re- find or afford food, and the anger that The SPEAKER pro tempore. The tired Marine officer with 31-plus years comes from people who see no future Chair recognizes the gentleman from of active duty. I retired in 2004 due to for their children except poverty and North Carolina (Mr. JONES) for 5 min- service limitations or I am sure I would death. utes. have been on my third or fourth de- I ask President Obama to stand up Mr. JONES. Mr. Speaker, last week ployment by now to a war that has for his programs and fight for them. I Secretary of Defense Gates spoke at gone on for too long.’’ ask the White House to hold a global West Point, and I would like to quote I will quote end, Mr. Speaker, of his summit on hunger, nutrition, and food one comment from his speech: letter to me: security. I ask the media to wake up ‘‘In my opinion, any future Defense ‘‘The Afghanistan war has no end and grasp the consequences of these Secretary who advises the President to state for us. I urge you to make con- shortsighted cuts. And I ask my col- again send a big American land army tact with all of the current and newly leagues on both sides of the aisle to into Asia or into the Middle East or Af- elected men and women to Congress fund these programs so they can be rica should ‘have his head examined,’ and ask them to end this war and bring successful. It really is a matter of life as General MacArthur so delicately put our young men and women home. If and death. it’’ years ago. any of my comments will assist in this [From the New York Times, Feb. 24, 2011.] Again, this is Secretary Gates. I have effort, you are welcome to use them THE FOOD CRISIS great respect for Secretary Gates. I and my name.’’ Food prices are soaring to record levels, think he is one of the true outstanding His name is Dennis G. Adams, Lieu- threatening many developing countries with Secretaries of Defense this country has tenant Colonel, Retired, United States mass hunger and political instability. Fi- ever had. Marine Corps. nance ministers of the Group of 20 leading Mr. Speaker, the reason I’m here Mr. Speaker, before I close, I want to economies discussed the problem at a meet- today, I bring a photograph of a flag- ing in Paris last week, but for all of their ex- remind those on the floor of the House draped coffin—it’s called a transfer today that I hope, if you haven’t had pressed concern, most are already breaking case—being escorted off a plane at their promises to help. the chance, that you will go to Walter After the last sharp price spike in 2008, the Dover Air Force Base. Reed in Bethesda to see the young men G–20 promised to invest $22 billion over three Mr. Speaker, it is time to bring our and women that will never walk again, years to help vulnerable countries boost food troops home. They have been in Af- to see the young men and women that production. To date, the World Bank fund ghanistan for over 10 years. I would maybe will not ever think properly that is supposed to administer this money also say it is time that this Congress again because of PTSD and TBI. has received less than $400 million. met its constitutional responsibility to Food prices are now higher than their 2008 And I want to remember the young peak, driven by rising demand in developing debate war and whether we should be soldier, 22 years old, a private in the countries and volatile weather, including there or bring our troops home. United States Army, who before I drought in Russia and Ukraine and a dry In recent weeks, I was very con- walked in the room, the escort, Major spell in North China that threatens the crop cerned to hear our government and Mack, said to me: This soldier has no of the world’s largest wheat producer. The military leaders saying that it could be body parts below his waist. They’ve all World Bank says the spike has pushed 44 mil- 2014 before we start significantly been blown away. lion people into extreme poverty just since downsizing our troops in Afghanistan. June. b 1040 In 2008, 30 countries had food riots. That Mr. Speaker, that brings to my mind has not happened, at least not yet. Sub-Sa- trips to Walter Reed in Bethesda. So I So, Mr. Speaker, it’s time for the haran Africa, in particular, has benefited will ask this question: Congress to meet its responsibility and from improved agricultural productivity. How many more young men and demand a debate on the floor of the The United Nations Food and Agriculture women must lose their legs, their lives House about bringing our troops home Organization warns that Mozambique, Ugan- for a corrupt government that history from Afghanistan. da, Mali, Niger and Somalia are extremely has proven will never be changed? Why Mr. Speaker, in closing, as I always vulnerable to instability because of rising should they be dying and losing their do, as I look at this beautiful photo- prices, along with Kyrgyzstan and Tajikistan in Asia, and Haiti, Guatemala, Bolivia and legs for Karzai, who doesn’t even know graph of a soldier who gave his life for Honduras in Latin America. that we’re his friends? It makes no this country and the escort team, God, Misguided government policies could make sense. please bless our men and women in uni- matters worse. Some countries are stock- I will quote a highly decorated re- form. God, please bless the families of piling food. When India did that last year, tired military general who has been ad- our men and women in uniform. God, food ended up rotting in storages. Others are vising me on Afghanistan for the past please hold in Your loving arms the imposing agricultural export bans, which year: families who have given a child dying discourages investment in production. The world’s wealthier nations must press them to ‘‘What is the end state we are look- for freedom in Afghanistan and Iraq. rethink these polices and back that up with ing to achieve? What are the measures God bless the House and Senate that real help. of effectiveness? What is our exit strat- we will do what is right in Your eyes The Obama administration has proposed egy? Same old questions, no answers. for today’s generation and tomorrow’s worthy initiatives, but even when Democrats What do we say to the mother and fa- generation. I ask God to give wisdom, controlled Congress it had a hard time get- ther, the wife of the last marine killed strength, and courage to President ting the money. The administration pledged to support a corrupt government and Obama that he will do what is right in $3.5 billion to the G–20 effort. So far, it has corrupt leader in a war that can’t be the eyes of God. delivered only $66.6 million to the World Bank fund. won?’’ And three times I will ask, God, It is now asking for $408 million for the Mr. Speaker, these are words from a please, God, please, God, please con- fund—part of a $1.64 billion request for its general that fought in Vietnam for this tinue to bless America.

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.008 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1398 CONGRESSIONAL RECORD — HOUSE March 1, 2011 RECENT FISCAL HISTORY It shows how the fiscally responsible cits, it also sent a clear signal to job The SPEAKER pro tempore. The policies adopted under President Clin- creators that House Republicans are Chair recognizes the gentleman from ton took us into surplus. It unfortu- determined to foster an economic envi- Maryland (Mr. HOYER) for 5 minutes. nately shows that when we reversed ronment where certainty and con- Mr. HOYER. Mr. Speaker, first I those policies in 2001, we then went fidence can return to the marketplace. want to congratulate the gentleman back into deep deficits. We all know When a young family looks for a new from North Carolina for the remarks how those predictions that Republicans neighborhood, they examine a variety he just made. He is a Republican and I made when we adopted this economic of factors. They might ask about how am a Democrat, but I will tell you this: program, for which none of the Repub- safe it is. They might want to know We are friends, and we work together. licans in the House or the Senate voted about the school system or whether And he is one of the most conscientious for, they said economic catastrophe their neighbors are friendly. The broad- Members of this House, who follows his would occur. That was their analysis. er question being: What is the environ- conscience and his moral values in That was their economic prediction. In ment like? making decisions. He gave a very mov- fact, exactly the opposite happened, Job creators take a similar approach ing and important speech on the floor and we created 22 million new jobs for when they decide whether it’s safe to today. I thank the gentleman, Mr. Americans. This deficit chart also invest capital, expand their businesses, JONES, from North Carolina. shows how our record surplus was and hire new workers in America. Just Mr. Speaker, when I come to the squandered during the Bush adminis- as a family is not going to choose a floor to speak about our country’s re- tration. neighborhood with overflowing sewers cent fiscal history, I am often told The second chart I want to show you and a high crime rate, a business owner there is no point in looking back. But talks about government spending. We is not going to expand and invest in an Majority Leader CANTOR got it entirely have to cut spending. We all know economic environment marred by debt- right when he wrote this: ‘‘The future that. We all talk about it. But let’s fueled uncertainty that will increase will not be won by repeating the mis- look at who actually did cut govern- the costs to run their business. After takes of the past.’’ The future will not ment spending. all, deficits are just deferred tax pay- be won by repeating the mistakes of Again, government spending was up ments that eventually come due. the past. Unfortunately, however, we and down, but at a rate higher than it We must ensure that America is the are proceeding on a path that shows was under the Clinton administration most attractive and safest place to little inclination to live by those where spending, as a percentage of our start a business, take risks, and invest words. gross domestic product, almost with- capital. It is essential that we send a Once again, our Republican col- out exception, went down. So when we leagues are using the language of fiscal clear signal to American businesses responsibility, but pursuing policies of talk about spending, we have a record that both parties are committed to re- fiscal irresponsibility. Our colleagues of restraining and cutting spending. In moving the barriers to job growth and across the aisle trumpet the $100 bil- fact, that was a partnership, frankly, economic development. lion in domestic discretionary spending because Republicans agreed to make b 1050 compromises with the Democratic they voted to cut from our budget. Republicans believe—and I would However, their actions belie those President. However, when they controlled the argue the American public believes— words. Their very first action in this that cutting spending is a crucial step new Congress was to approve policies, a Presidency, the House, and the Senate, you will see that spending went up in that process. rule package, that would provide for Yesterday, Mark Zandi released a borrowing an additional $5 trillion, un- sharply once again. Again we see gov- study which argued that the Repub- paid for. Their budget policy would ernment spending as a percentage of lican spending cut plan would cost give us the worst of both worlds. the economy rising under President On the one hand, they failed to take Bush, and after the emergency meas- jobs. I am sure Mr. Zandi is a nice on the real fiscal challenges. And, very ures needed to respond to the reces- enough person, but in recent years, he frankly, there is blame to share across sion, starting to come down after the hasn’t seen a spending increase he this Chamber, Republicans and Demo- recession was ameliorated. didn’t like. He was the Democrats’ go- crats, for failing to take on those chal- Real median wages. I want to show to guy when they were looking for an lenges. But the policies they’re pur- this chart as well. Because, after all, economist to endorse the stimulus, and suing would even make our situation these are nice statistics, but what does he even endorsed a second stimulus worse. On the other hand, the cuts they it do for people? What is the impact on package after the initial $1 trillion do make are taken out of vital invest- them? Real median wages sort of package was signed into law. So before ments that would grow our economy stuck. And I will end with this and my Democrat colleagues start touting and create jobs. As I will mention later complete the rest of my statement Mr. Zandi’s report, I suggest they look on, some 700,000 to 800,000 jobs over the later, Mr. Speaker. But you will see at his record on the so-called stimulus. next 18 months, it is projected, would that median wages under President By merely debating spending cuts for be cost by the adoption of their poli- Clinton’s administration went up, and the past few weeks, this body engaged cies. This combination is not new. It is then they were flat. And they are going in a process that many feared was ob- a repeat of Republican fiscal policy in up again now under President Obama. solete. Some have said Republicans are the past. Too slowly to be sure. trying to cut too much, others, that we Let’s look at the evidence. First of Mr. Speaker, I will continue these re- are not cutting enough; and, indeed, we all on deficits, what this chart shows is marks, because if we do not learn from still have a long way to go to get our everything below this line is a deficit. the past, if we repeat the failed policies deficits and debt under control. Everything above this line is a surplus. of yesterday, our people will not be But what no one can dispute, Mr. Obviously, what you want is the deficit well served. Speaker, is the fact that we are serious going down into surplus. What you f about cutting spending. In addition to don’t want is going from surplus into the $100 billion in cuts Republicans deficit. You will notice that the IMPROVING THE ECONOMIC have offered over the next year, we Reagan administration, Reagan-Bush, ENVIRONMENT have also made clear that our upcom- are noted in this first red quadrant, The SPEAKER pro tempore. The ing budget will include serious, com- and the Clinton administration going Chair recognizes the gentleman from monsense entitlement reforms. from deep debt to surplus, then the Arizona (Mr. QUAYLE) for 5 minutes. All of these efforts have one goal in Bush administration going from sur- Mr. QUAYLE. Mr. Speaker, a little mind: producing an environment con- plus into deep debt. And the Obama ad- more than a week ago this House ducive to economic growth and job cre- ministration trying to get out of the passed a continuing resolution with ation. House Republicans are doing extraordinarily tanking, receding eco- $100 billion in spending cuts. Not only what we were sent here to do, and nomic status, invested in bringing us was this an important step towards that’s precisely what our job creators out, and now we see us coming out. reining in our Nation’s paralyzing defi- need: clarity and decisive leadership

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.010 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1399 from their government, not mixed mes- Wall Street’s greed caused the finan- esting to see if he continues to blame sages and delayed action. cial crisis. That greed triggered lower America for his problems. f State and local revenues with the de- You remember the last time he was valuation of housing and rampant fore- here, he stood here on the House floor MILLIONS OF ORDINARY PEOPLE closures. Yet the Wall Street titans and dressed us down as Members of the RISING UP IN PUBLIC ASSEMBLIES who stole our home equity, our annu- United States House of Representa- The SPEAKER pro tempore. The ities, our pension accounts remain scot tives, blaming us for his problems, Chair recognizes the gentlewoman from free of any real attention or prosecu- blaming us for the corruption, blaming Ohio (Ms. KAPTUR) for 5 minutes. tion. us for the drugs that are in Mexico, Ms. KAPTUR. Mr. Speaker, across I have a message to our Governors: blaming us for the violence in Mexico, the world we witness millions of ordi- blame Wall Street, not Main Street. blaming the folks in Arizona for trying nary people rising up in public assem- When six megabanks control two- to protect their own border. I wonder if blies, many at risk to their own lives thirds of the banking system of our he will continue the blame game. speaking out for a better life for all. country, when corporate profits are at The problem is the situation is From Madison to Misurata, from Cairo record highs, yet ordinary workers are worse, not only on the border, but in to Columbus, courageous people are being asked to empty their pockets to Mexico. Corruption along the border taking a stand for justice for the many, balance State budgets, something is with Mexican law enforcement con- not just the few. really out of kilter in America. When tinues, even though the Mexican mili- Another giant rally is planned today GE and Exxon don’t pay taxes and Wall tary is doing a fairly good job of rein- in Columbus, Ohio, where Republican Street executives walk away with huge ing in the drug cartels. Governor John Kasich, the son of pub- bonuses while home foreclosures in- And he blames the United States for lic workers, is systematically attack- crease, what’s seriously out of balance the guns that are in Mexico. You must ing the hard-earned collective bar- in America is the distribution of polit- remember, Mr. Speaker, just some of gaining rights of our State public ical power in this country. the guns that go to Mexico are from workers, policemen, firefighters, teach- In Ohio, the brothers and sisters of the United States. Guns from all over ers and other public sector workers. He the heroes of 9/11, our firefighters and the world end up in Mexico. There are even called an Ohio policeman an idiot police, are being asked to give away a lot of reasons for that. One of those and was forced to apologize. That is his priority, not job creation, not edu- their rights as free American citizens is Mexico doesn’t protect its borders cation, not economic development, but at the bargaining table for wages and any better than we do. attacking workers. That is why thou- benefits. Our Governor wants to abol- People throughout the world know if sands of people will converge on the ish middle class prevailing wages, same you can get to Mexico by any means, State’s capital again today to call him in Wisconsin. Any nation that loses whether you want to bring contraband, out on his extreme right-wing agenda. labor rights loses democracy. drugs, guns or people, you can eventu- The public outcry started in Wis- What’s at stake in our Nation is ally get into the United States. Mex- consin, given its long history of pro- more than wages. What’s at stake is ico, like the United States, doesn’t gressivism. Americans have begun to liberty for all and opportunity for all. have operational control of the mutual rise up to prevent more harm being Governor Walker, it wasn’t the fire- border between the United States. done to our way of life, more attacks fighters in Madison that robbed Main Even the General Accountability Of- on our jobs, more threats to the stand- Street and stole our home equity. You fice, who are the people who keep up ard of living of our middle class, more might ask your friends, the Koch with statistics, made this report re- cuts in wages and benefits of hard- brothers, about that. cently, that on the United States bor- working families. The movement is Governor Kasich, it wasn’t the teach- der with Mexico, only 44 percent of the spreading, just as the democracy move- ers in Ohio who financed the shipping border is under the control of the ment is spreading across Northern Af- of our jobs offshore through NAFTA. United States and only 15 percent is rica and the Middle East. You voted for it, and your buddies on airtight. Just as we watch freedom rising in Wall Street rammed it through Con- So who controls the other 56 percent Egypt, Libya, Tunisia and beyond, we gress. of the U.S. border with Mexico? If it’s watched the spectacle of America’s And, Governor Daniels, it wasn’t not the United States, it’s not Mexico, Governors trying to dictate to citizens your public sector workers that cre- who controls it? We don’t know. Prob- who earn, on average, $24,000 and aren’t ated the biggest financial bubble in ably the outlaws, the drug cartels. even eligible for Social Security, but U.S. history and then jumped ship They are the ones that have oper- receive about $900 a month in average when it burst, letting everyone else go ational control of both sides of the bor- public employee retirement benefits, down. That was created by the policies der because the situation on the border that they should sacrifice even more to of George W. Bush, where you served as continues to get worse. balance State budgets. director of the OMB while the Federal Mexico doesn’t protect its border No, they don’t deserve to be made budget deficit exploded. from people going into Mexico from scapegoats for their States’ budget I salute America’s workers who are any direction, and the United States problems, and they don’t deserve to be fighting for the middle class and our doesn’t protect its border adequately put on the front lines of the battle to way of life. The whole world is watch- to keep drugs and violence from com- save workers’ rights; but they are ing. ing into the United States. there, nonetheless, and they deserve After the American people win their b 1100 our support. We are all Wisconsinites. battles in Madison, in Columbus, in In- We are all Buckeyes. We are all Hoo- dianapolis, I hope they take the fight Unfortunately, this is continuing to siers. We have to stand together united to Wall Street and get our money back. get worse. Last year, 65 Americans for America, for the good of many, not That’s who has it. were killed in Mexico, and to my just the few. f knowledge, none of those cases was If John Kasich wants to look for solved. You see, Mexico has a terrible scapegoats, perhaps he should draw BORDER WAR CONTINUES—NO END record of solving crimes not only upon his experience with Lehman IN SIGHT against Americans, but against Mexi- Brothers. Maybe he should look into The SPEAKER pro tempore. The can nationals. Over 3,000 people were his Rolodex for some of his cronies Chair recognizes the gentleman from killed in Juarez last year. That’s more from Wall Street who helped bankroll Texas (Mr. POE) for 5 minutes. people than were killed in Afghanistan his campaign. Because the real culprits Mr. POE of Texas. Mr. Speaker, the last year. It is a serious, violent situa- who have caused the real deep, eco- border war continues, and there is no tion. nomic harm to our Nation are watch- end in sight. This week, President And will it continue to come across ing gleefully on the sidelines as our Calderon of Mexico is coming back to the border? Some say, oh, it won’t friends and neighbors try to protect Washington D.C. He is going to meet come to America. Let me give you one their livelihoods. with our President. It will be inter- statistic. The 16 border counties in

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.012 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1400 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Texas that border Mexico, on any given was inspired, too—inspired to see thou- And to all of those who are out there day, about 35 percent to 40 percent of sands of people from across the State in Ohio and across the country fighting the people they have in their jails are coming together to protest the radical this fight, it’s an important fight, and foreign nationals charged with crimes measures that the Republicans were what you do matters. It’s important in the United States. These are not im- proposing. that we speak up and be heard so that migration violations. These are crimes, Though we can’t be there today phys- the issues that matter to us so very some of them violent crimes—35 per- ically, we are there with those who deeply are well sounded. We have to cent to 40 percent. So the crime is al- gather at the Statehouse, and we stand stand together and work together and ready pouring over because people can with them from our place here in our fight forward. go back and forth across the U.S.-Mexi- Nation’s capital. Last week, we were Using the deficit as an excuse, there can border at will because there are there shoulder to shoulder, people in are those who are trying to convince parts of the border that no one con- common purpose, standing up for work- the American people that a more fair trols. ing families, standing together in the economy would result in a much less In fact, the situation is so bad this fight for the promise of the middle efficient economy. But fairness and ef- year that the Texas Department of class. ficiency are not mutually exclusive. Public Safety today has made a state- The unfair, backward-thinking at- Using the deficit as an excuse to give a tack on Ohio’s firefighters, police, ment telling young people about spring disproportionate hit to workers or teachers, nurses, and other dedicated break. And here is what they say: unions is not the way to go. public employees must be stopped. And ‘‘Various crime problems exist in many I would hope that the Republicans, I’m proud to be standing with Ohioans popular resort areas of Mexico such as both at the State level as well as here that are fair-minded as we fight for Acapulco and Cancun, and crimes in Congress, would join with us to progress, not for a return to old ways. against U.S. citizens often go focus on what we really need to do, and Instead of pursuing this draconian unpunished.’’ that is to create jobs. And I would hope measure attacking Ohio’s working fam- ‘‘The safety message is simple: avoid that they would stop the misguided at- ilies, lawmakers at every level of gov- traveling to Mexico during spring tack on workers and the middle class. ernment should be focused on the crit- break and stay alive.’’ So, we are even ical priority of getting people back to f being warned not to let your kids go to work instead of engaging in attacks on THE IMPERIAL PRESIDENT Mexico during spring break because it those who have chosen to teach our The SPEAKER pro tempore. The is not safe. children, protect our communities, and So what do we do about this? Well, Chair recognizes the gentleman from keep us safe. Oklahoma (Mr. LANKFORD) for 5 min- there was raids recently this week be- Everyone should be working to utes. cause of an ICE agent that was killed strengthen our economy and create Mr. LANKFORD. Mr. Speaker, I rise in Mexico. Raids were made in the jobs. That, in turn, would generate the to challenge this body, and I hope that United States, and 676 drug cartel revenue we need to fairly compensate my message is well received. This Na- members were arrested, $12 million was our public employees with the wages tion was founded on the rules of the seized, lots of drugs and lots of guns. and the benefits which they have been Constitution, not the opinions of Re- And it’s a point that we need to under- promised and they have earned. The publicans and Democrats. Our deci- stand as citizens, that the drug cartels focus of all officials, as I said, across sions are judged in the light of the tra- operate in Mexico, but they operate in all levels of government, should be on ditions of the past and the precedent the United States as well. They bring creating jobs, not taking more from those drugs to other gang members our workers. It was not our workers that it sets for the future and the fu- throughout the cities of America, and who drove the economy off the cliff. It ture generation. Mr. Speaker, according to our Con- they sell those wares here in the was not our workers in Ohio. It was not stitution, a President cannot pick and United States. So the crime does occur the workers in Wisconsin. But it seems on both sides of the border. And we that the Republicans just can’t stop choose which parts of the law he pre- need to understand that. themselves. Similar efforts to fers. The executive branch does not It is important that we deal in re- disempower working families and the write the law nor choose the law. It en- ality and understand that the border is middle class are occurring right here in forces the law. The basic function of a war zone. A Texas Ranger once told Washington. every President is to enforce the law. me, he said, ‘‘Congressman POE, after It is not just collective bargaining Every executive branch agency has its dark on the Texas-Mexican border, it for public employees that they’re after. foundation in a short and clear state- gets western.’’ Those days need to end. Two weeks ago, Republicans tried to ment from the Constitution stating We need to put the National Guard on pass a measure in Congress to prohibit this: He—that means the President— the border and secure the border. It the paying of prevailing wages and to shall take care that the law be faith- will protect the United States and stop local project labor agreements, fully executed. Mexico. And that’s just the way it is. which would put a hard hit on our A President can petition for laws to f trades people. They even tried to elimi- be changed. He can complain about a nate the National Labor Relations law. He can encourage passage of new WE STAND WITH OHIO WORKERS Board, the very board that exists as a law. But he cannot just ignore the law The SPEAKER pro tempore. The referee to make sure that our workers or write new law. Only the courts can Chair recognizes the gentlewoman from get a fair shake. throw out a law, and only Congress can Ohio (Ms. SUTTON) for 5 minutes. Yet they have not offered any job write a law. The President and the De- Ms. SUTTON. Mr. Speaker, today creation bills. And at the same time partment of Justice cannot unilater- people from across Ohio are gathering they are not creating jobs, they are ally decide not to enforce the Defense at the Statehouse in Columbus. They defunding programs that have real ben- of Marriage Act. are gathering to speak up for workers efits: their refusal to expand the trade For decades, the Congress has been and the middle class in this country. adjustment assistance that helped donating their constitutional powers to Last Tuesday, I went to Columbus and workers who were displaced because of the executive branch by giving in- joined our brothers and sisters in our the trade policies that they pursued; creased rulemaking authority to the fight to protect the right of public em- the refusal of some to extend unem- different agencies. Our agencies now ployees to have a voice at the negoti- ployment benefits to those who are out write rules that look more like legisla- ating table. And as we gathered to op- of a job through no fault of their own. tion than regulation. We have allowed pose Senate bill 5, that backward effort At the same time they are working to people to serve in ‘‘Cabinet lite’’ level of Governor Kasich and his Republican not create jobs, they are also giving no positions without Senate approval. We friends in the State legislature to assistance to those who are left with- have exponentially increased the budg- eliminate collective bargaining, I was out a job. It’s issues like these that et for White House staff. And now the struck by the weight of the moment make it so important that we keep our President wants to set a new precedent and by the weight of this fight. But I heads up in Ohio. that he alone can determine which

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.015 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1401 laws he likes and he does not like. With now the center of a constitutional de- I would like to share a observation this action, the President has invented bate. with you that was from a former Presi- a retroactive veto on all previous Weeks ago some members of the dent of the United States, and I quote: Presidents and all previous congres- press suggested that Republicans would ‘‘Republicans stand foursquare for sional acts. ignore the budget and focus on social the American home—but not for hous- It is ultimately ironic that the exec- issues. I find it ironic now that the ing. They are strong for labor—but utive branch states that several lower President has submitted a budget that they are stronger for restricting labor’s courts have rejected the Defense of will raise the national debt to $26 tril- rights. They favor minimum wage—the Marriage Act as unconstitutional, so lion, by his own numbers, and he has smaller the minimum wage, the better. they are accepting the lower court rul- decided to change the national debate They endorse educational opportunity ings over a higher court. In the past from fiscal issues to social issues and for all—but they won’t spend money year, the health care law was ruled un- gay marriage. for teachers or for schools. They think constitutional, but the Federal Govern- As a Congress, we cannot demand of modern medical care and hospitals are ment is pressing forward. The adminis- the executive branch, which is a co- fine—for people who can afford them. tration was instructed by the courts to equal branch of government. But I be- That is the philosophy of the masters lift the drilling moratorium in the lieve we must require the executive of the Republican Party.’’ gulf, but they stalled. branch to fulfill its oath of office and These are the words of President constitutional requirement to faith- Harry Truman, and they were spoken b 1110 fully execute the laws of the United in 1948. These words ring as true today It is apparent that this administra- States. as they did in 1948. We have made too tion is bent on placing its political f many advances over the past genera- preferences ahead of the courts, ahead COLLECTIVE BARGAINING tions, and Americans should not be of the legislative branch, and the ma- forced to choose between a job and The SPEAKER pro tempore. The jority of the American people. their rights. Chair recognizes the gentlewoman from Both parties need to understand the We cannot and should not return to Ohio (Ms. FUDGE) for 5 minutes. precedent that’s being set by the Presi- the days when public workers had lim- dent’s choosing to not enforce the De- Ms. FUDGE. Mr. Speaker, I rise today to express my strong opposition ited rights to bargain. The middle class fense of Marriage Act. My Democrat was created and has been sustained by friends should imagine for a moment, to attempts by the Republican Gov- ernor of Ohio to undermine collective collective bargaining and other labor what if when a Republican President protections. The public sector is about takes the oath and he instructs HHS bargaining for Ohio’s public employees. Ohio Senate bill 5 is a measure cur- working families. Rolling back these and all other agencies not to enforce rently under consideration by the Ohio rights will hurt the middle-income ObamaCare, though it’s the law of the General Assembly that would strip wage earners of this country and will land, because some lower court re- State workers of collective bargaining hurt America. jected it? They would be outraged, rights. I firmly support the right of Ohio needs jobs, not a partisan vic- rightfully so, because currently it is public employees to collectively nego- tory. I urge members of the Ohio Gen- the law of the land. A President cannot tiate. Who are we as a Nation when we eral Assembly to deliberate with care just unilaterally throw it aside. tell our firefighters and our police offi- and avoid rushing to adopt a measure Before this conversation is spun as a cers and other public protectors that that weakens our middle class, weak- partisan issue, let me remind everyone, they should have no say in their work- ens our State, and costs us jobs. though, that the Defense of Marriage ing conditions? Does a teacher’s experi- f Act passed the House and the Senate ence or education have no economic HIGH-SPEED RAIL FUNDING by a wide bipartisan majority and was value? Ohio’s proposed legislation is signed into law by a Democrat Presi- less about fiscal responsibility than an The SPEAKER pro tempore. The dent. This is not only a slap in the face overt political attack on public work- Chair recognizes the gentlewoman from to our constitutional system; it is a ers who speak with a collective voice. Florida (Ms. BROWN) for 5 minutes. slap to Republicans and Democrats As labor battles erupt in State cap- Ms. BROWN of Florida. Mr. Speaker who expressed the will of their districts itals around the Nation, a majority of and Members of the House, I rise today and States on an issue that has been Americans say they oppose efforts to as the ranking member on the Trans- settled in law. weaken the collective bargaining portation Subcommittee on Railroads. The people spoke through Congress, rights of public employee unions. Ac- I have been on this committee for over and one person, even a President, can- cording to the latest New York Times/ 19 years. I serve on Transportation be- not undermine the will of the people. CBS News poll, Americans are against cause it’s one of the most bipartisan At least not in the America that I grew cutting the pay or benefits of public committees in the House. up in. workers to reduce State budget defi- I have got to tell you I am very, very I do not think we will fully under- cits. disappointed with Florida Governor stand the implications of this action if We shouldn’t forget, Mr. Speaker, the Rick Scott. Last week, the Governor we allow it to stand. We must not act benefits that collective bargaining of- told Secretary of Transportation Ray partisan now and regret it later. This fers. For almost 28 years, collective LaHood that the State of Florida can is not the way to deal with the gay bargaining has reduced labor strife, it do without the $2.5 billion for Federal marriage debate, for the President to has reduced the likelihood of strikes, highway rail funding. That’s $2.5 bil- just sweep it aside and say, ‘‘I will not improved training and productivity lion, and 90 percent of the project is enforce the law.’’ among public employees, created a funded with Federal tax dollars. That’s Many in this Chamber are well aware sense of job security, and it is fair. It is money that Floridians sent to Wash- of my traditional view of marriage and fair to all working people. ington that we are sending back to my Biblical world view. I am The repeal of collective bargaining Florida, gasoline tax money, not unashamed of my personal faith in will do nothing to balance the budget. money from any foreign source, by the Jesus Christ. I believe that words have Nine percent of the State’s budget is way. meaning, though, and that the mean- for State employees. So just as an ex- In addition, it didn’t just happen. We ing of marriage is the union of a man ample, if we fired every State employee worked on it, bipartisan, for years. In and a woman. The Defense of Marriage in Ohio, it would save us only $2 bil- fact, in 1980 Bob Graham appointed me Act codified that definition in law, rep- lion, leaving the State without vital to a committee to work on high-speed resenting the belief of a majority of services, and there would still be a $6 rail in Florida. Over 30 years we Americans. billion deficit. Since this does not ad- worked on it. And let me just tell you This issue is well beyond faith, dress the budget deficit, it is clear that 90 percent of the funding would put though, or a social issue or even a po- anti-worker forces are using this to over 60,000 Floridians to work. It’s 90 litical issue. Marriage is now not only harm middle-income workers and to percent of the funding. Is the other 10 the center of a national debate, it’s kill jobs. percent there? Absolutely. The private

VerDate Mar 15 2010 23:41 Mar 01, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.016 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1402 CONGRESSIONAL RECORD — HOUSE March 1, 2011 sector has indicated that they would work together to put Floridians to If we want to have a 21st century put the 10 percent there. work. America where we compete with the b 1120 f globe, where we compete as 300 million people, compete with 1.3 billion people ANNOUNCEMENT BY THE SPEAKER I have model trains in front of me in China, over a billion people in India, PRO TEMPORE today. We have over eight companies and we are going to tell our teachers committed to high-speed rail. In fact, The SPEAKER pro tempore. Mem- that they can’t be treated with respect, we started the rail system in Florida in bers are reminded to address their re- how are we going to get good teachers this country, the Florida Flagler. In marks to the Chair and not to others in to come into the teaching profession this country, we started the rail sys- the second person. when they are going to be the foil for tem, and now we are the caboose; and f all of the problems we have in our they don’t use cabooses anymore. country? But all of our partners, the Chinese, RESPECTING THE AMERICAN WORKER When we ask them to take our kids the French, eight different countries who have lice, who haven’t eaten The SPEAKER pro tempore. The want to be our partners. They have in- today, who are hungry, who have a do- Chair recognizes the gentleman from dicated that they would put up the 10 mestic violence issue in their family— percent because they want to have the Ohio (Mr. RYAN) for 5 minutes. Mr. RYAN of Ohio. Mr. Speaker, a these children all go before our teach- first right of refusal to go from Orlando ers—and we are going to say that they to Miami. And everybody knows that’s few years back towards the end of my grandfather’s life—he was a steel- don’t have a right to bargain, a right to the money maker. Well, why is the come together to say what size their first portion that the State of Florida worker for about 40 years—and towards the end of his life, he couldn’t drive class is? We are going to pull their pen- applied for and the legislature in Flor- sions from them? This is not right. ida came to the Congress and asked us anymore. I had the pleasure one day of taking him shopping. In Ohio, and This is not right, and we need to get to be partners, why was that first leg back to where we were when my grand- the first leg? Because all of the envi- where I come from in Niles, shopping is an art form; so we had to go to a cer- father was around. ronmental issues have been resolved. In We realize the world is different and other words, we could put rail in Flor- tain place for the meat and a certain place for the cheese and a certain place we have to compete globally, but the ida tomorrow if this contract went out. issue is: Are we going to respect work Florida has 12 percent unemploy- for something that was on sale some- where else. So I got to spend the day in the United States of America? Are ment—12 percent—and in my area 15 we going to respect the workers in the percent. The Governor says that he’s with my grandpa. We had to go and get something, and he said we should go to United States of America? While all not a politician—and I agree with these fat cats have gotten off scot free, him—but he says he’s a businessman. a certain store. I said: Well, Grandpa, Giant Eagle is we turn around and tell the workers in What businessman would walk away right here. We can just go right here. Ohio and Wisconsin and Indiana and from 90 percent funding? So, 90 percent He said: We can’t go there. the Big 10 Conference: You’ve got to funding, and you’re a businessman? I said: Why not? It’s right here. take the hit. Well, he’s concerned about Florida He said: The meat cutters are on It is unfair and it is disrespectful and being left with the 10 percent. Well, if strike and we can’t cross the picket it is not an American value. you’re a businessman, then you know line. f attorneys. They can write it any way He didn’t go to Giant Eagle out of re- you want to make sure that we can spect for the worker, out of respect for ANNOUNCEMENT BY THE SPEAKER protect the people of Florida. So that’s the situation that those workers were PRO TEMPORE not the issue. Money is not the issue. in at that grocery store. The SPEAKER pro tempore. The Liability is not the issue. And the issue that we are talking Chair will remind all persons in the This is the worst kind of politics I’ve about in Ohio and in Wisconsin is an gallery that they are here as guests of seen since I’ve been elected. It’s a sad issue of respect for the average worker the House and that any manifestation state of affairs. The Governor says let’s in the United States of America. And of approval or disapproval of pro- get to work. I agree with you, Mr. Gov- for us to somehow try to obscure the ceedings is in violation of the rules of ernor, but you have to be working on issue and blame workers, firefighters the House. something. You have to have some who go into burning buildings while we projects. Infrastructure is what put are all running out of them, police offi- f America to work. cers who we call up when we are in RECESS What projects do you have, Mr. Gov- trouble, or teachers who we ask in The SPEAKER pro tempore. Pursu- ernor, in your budget? You say: Well, I many instances to spend more time ant to clause 12(a) of rule I, the Chair want this money. I think it would be with our kids than we do, somehow declares the House in recess until noon better used for ports. What’s in your push the blame of the major financial today. budget? Ports. Florida has 14 ports. We meltdown that happened because of Accordingly (at 11 o’clock and 28 compete with other States. So what is Wall Street recklessness, blame the minutes a.m.), the House stood in re- in your budget that is going to put Flo- teachers for that and ask them to go cess until noon. ridians to work? You come and say: I out and get rid of their right to stick want another lane on I–4. Well, any- together and determine what size of f body who lives in Orlando or visits Or- classroom, how many kids are in their AFTER RECESS lando knows another lane will not help classroom is ridiculous. us. We have eight lanes. And at the same time, in Ohio, we The recess having expired, the House I just returned Monday from Salt have the top person who works for the was called to order by the Speaker at Lake City, Utah, where we lost the current administration get a $40,000 noon. money. A few years ago, money for Or- pay increase from what the last Gov- f lando went to Salt Lake City, Utah, ernor was paying, and the secretaries and they run trains every day, move and the people in the mail room get a PRAYER 40,000 people a day by rail. That’s Salt cut. And the firefighters and the police Pastor Alisa Lasater Wailoo, Capitol Lake City, Utah. And so the money and the teachers get a cut. Hill Methodist Church, Washington, that we have appropriated this Friday While all of this is going on in Ohio, D.C., offered the following prayer: will go to some other State. It will go they want to cut the estate tax for the Ever-Present God, we know You by to New York or California or Salt Lake wealthiest people who live in the State many names, but most striking, You City, Utah, or some other place. We are of Ohio and ask the teacher to make know us and each person we represent going to have rail in this country. the sacrifice. This is disrespectful and by name and with love. Thank You. What happens when failure is not an unfair to the workers in the State of God who heals, we pray for the full option? We must make sure that we Ohio. restoration of Representative GIFFORDS

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.018 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1403 and for the personal struggles of each She went to work for her mother, Con- Through it all, whether the legisla- person here. Remind us that You have gresswoman Edna Kelly, who was the tion succeeded or failed, she stood by a the power and desire to heal each first woman to represent Brooklyn. Pat simple mantra: ‘‘It’s important for wound we carry into this Chamber. went on to serve as a legislative assist- women to be involved.’’ Uniting God, give us the wisdom to ant for other members of the New York For the past 22 years she has served understand how to work together for delegation and the Rules Committee. as editor of the House Daily Digest, the plight of Your people in need. Save For more than 30 years now, Pat has tracking committee activities and get- us from ourselves and surprise us with had a bird’s-eye view of the House as ting the word out on what’s happening shared solutions for the problems Your editor of the Daily Digest of the CON- on Capitol Hill. In that role she has children face. GRESSIONAL RECORD. The Digest serves noted, ‘‘I’ve been through the turnover God of all, we represent not only as the ‘‘table of contents’’ for each to Republicans and back to Democrats, those who have our ear, but those who day’s proceedings on the House floor and tried to help each and every one of have no voice. So let us not raise our and in all of the committees. And Pat’s them do their jobs.’’ hands to vote without bowing our job is a daily feat of precision—and pa- Helping others do their jobs, working hearts to Your will. Through Your love tience—that requires pulling together in a bipartisan way—this was the es- that changes the world, we pray. information from dozens of offices. And sence of Pat Kelly’s career and service. Amen. I know all of Pat’s colleagues admire Pat Kelly’s 54 years serving the f her thoughtfulness and attention to de- House of Representatives is a reflection tail. THE JOURNAL of her own dedication to Congress and Today she is retiring after 54 years of the country, and represents the com- The SPEAKER. The Chair has exam- service to this institution. And it’s mitment, devotion to duty, and passion ined the Journal of the last day’s pro- clear that Pat has not merely recorded for service of all of our congressional ceedings and announces to the House the House’s history—she’s been a rich staffers. his approval thereof. part of it, too. Thank you, Pat, for giving so much When the House paid tribute to Edna Pursuant to clause 1, rule I, the Jour- to the House, for all of your work, and Kelly in 1998, Pat was quoted as saying nal stands approved. for fulfilling your promise to ‘‘do some- of her mother that she was a great per- Mr. DUNCAN of Tennessee. Mr. thing’’ for all Americans. son to emulate. Well, let the same be Speaker, pursuant to clause 1, rule I, I Yes, I join the Speaker in saying you demand a vote on agreeing to the said of Pat, and may all current and fu- ture public servants be inspired by her will be missed. We are sorry that you Speaker’s approval of the Journal. are leaving. We wish you much success The SPEAKER. The question is on example. and, with deep gratitude, send you our the Speaker’s approval of the Journal. Pat, we’re sorry to see you go. On be- love and best wishes. The question was taken; and the half of all the Members of the House Speaker announced that the ayes ap- and staff, thank you for the dedication f to this institution, and thank you for peared to have it. MESSAGE FROM THE SENATE Mr. DUNCAN of Tennessee. Mr. your service. Speaker, I object to the vote on the f A message from the Senate by Ms. Curtis, one of its clerks, announced ground that a quorum is not present HONORING PAT KELLY and make the point of order that a that the Senate has agreed to the fol- quorum is not present. (Ms. PELOSI asked and was given lowing resolution: The SPEAKER. Pursuant to clause 8, permission to address the House for 1 S. RES. 78 rule XX, further proceedings on this minute.) In the Senate of the United States, Feb- question will be postponed. Ms. PELOSI. Mr. Speaker, I am ruary 28, 2011. The point of no quorum is considered pleased to join the Speaker of the Whereas James A. McClure served in the withdrawn. House to honor a committed public United States Navy during World War II; servant, a woman of this House, a key Whereas James A. McClure served the f thread in the fabric of the congres- state of Idaho as a prosecuting attorney, a PLEDGE OF ALLEGIANCE sional staff, who retires today after 54 city attorney, a member of the Idaho state years of service: Pat Kelly. Fifty-four Senate, and as a member of the United The SPEAKER. Will the gentleman States House of Representatives; from Tennessee (Mr. DUNCAN) come for- years of service. Since arriving as a committee staffer Whereas James A. McClure served the peo- ward and lead the House in the Pledge ple of Idaho with distinction for 18 years in of Allegiance. in 1957, Pat Kelly has worked behind the United States Senate; Mr. DUNCAN of Tennessee led the the scenes on behalf of the American Whereas James A. McClure served the Sen- Pledge of Allegiance as follows: people—never asking for recognition, ate as Chairman of the Committee on Energy I pledge allegiance to the Flag of the never looking for the limelight. and Natural Resources in the Ninety-seventh United States of America, and to the Repub- The daughter of Congresswoman through Ninety-ninth Congresses and Chair- lic for which it stands, one nation under God, Edna Kelly, Pat said she came to Wash- man of the Senate Republican Conference in indivisible, with liberty and justice for all. ington because, in her words, ‘‘I just the Ninety-seventh and Ninety-eighth Con- felt the urge to do something.’’ And for gresses; f Whereas James A. McClure served his cau- more than half a century, she did far THANKING PAT KELLY FOR HER 54 cus as a founding member and Chairman of more than her fair share. the Senate Steering Committee in the Nine- YEARS OF SERVICE TO THE Pat Kelly has served in many roles HOUSE ty-fourth through Ninety-sixth and Ninety- on Capitol Hill. In all, she helped Mem- ninth through One Hundredth Congresses: (Mr. BOEHNER asked and was given bers to do their jobs and worked tire- Now, therefore, be it permission to address the House for 1 lessly on issues important to her and Resolved, That the Senate has heard with minute.) critical to our country’s future. profound sorrow and deep regret the an- Mr. BOEHNER. What helps make the Few issues played a larger role for nouncement of the death of the Honorable People’s House so special is its people. her than the fight for women’s rights. James Albertus McClure, former member of Every day, the staff members here give In 1962, she helped her mother pass the the United States Senate. Resolved, That the Secretary of the Senate their time and energy not just doing first equal pay bill and watched with communicate these resolutions to the House the job, but fulfilling the mission of pride as President John F. Kennedy of Representatives and transmit an enrolled keeping this body closest to the Amer- signed it into law. copy thereof to the family of the deceased. ican people. As a legislative aide to former Con- Resolved, That when the Senate adjourns Members come and go, but some dedi- gresswoman Martha Griffiths, Pat today, it stand adjourned as a further mark cated public servants connect the fought for the Equal Rights Amend- of respect to the memory of the Honorable House’s history to its future. Pat Kelly ment—continuing the march for equal- James Albertus McClure. is a shining example of this. ity, advancing the cause of justice for The message also announced that the Like many Americans, Pat joined the all women. Thank you, Pat. We’re all Senate has agreed to a concurrent reso- family business right out of college. in your debt. lution of the following title in which

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.022 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1404 CONGRESSIONAL RECORD — HOUSE March 1, 2011 the concurrence of the House is re- costing jobs. Let’s pass a continuing HONORING FRANK BUCKLES quested: resolution that strengthens the econ- (Mrs. CAPITO asked and was given S. Con. Res. 8. Concurrent resolution rec- omy and creates jobs for all Americans. permission to address the House for 1 ognizing women serving in the United States f minute and to revise and extend her re- Armed Forces. marks.) f INCREASE DOMESTIC OIL Mrs. CAPITO. Mr. Speaker, I rise PRODUCTION ANNOUNCEMENT BY THE SPEAKER today to honor the life and legacy of PRO TEMPORE (Mr. DUNCAN of Tennessee asked Mr. Frank Buckles, the sole surviving and was given permission to address U.S. World War I veteran who passed The SPEAKER pro tempore (Mr. the House for 1 minute and to revise away on Sunday at the age of 110 in his WOMACK). The Chair will entertain up and extend his remarks.) hometown of Charles Town, West Vir- to 15 requests for 1-minute speeches on Mr. DUNCAN of Tennessee. Mr. ginia. Inspired by his love of his coun- each side of the aisle. Speaker, last Tuesday the top front- try and a desire to serve, Frank en- f page story in USA Today said gas will tered the Army at the age of 16. He served in England and France during b 1210 soon hit $5 a gallon. If it does, it will really slow our recovery, and some the war, first as a car and ambulance REPEAL 1099 RULE think it could lead to another reces- driver, and later as an escort for re- (Mr. SAM JOHNSON of Texas asked sion. It will really hurt the already turning German POWs. and was given permission to address hurting small towns and rural areas be- During World War II, he was held as the House for 1 minute and to revise cause their people on average have to a prisoner of war in the Philippines for and extend his remarks.) drive farther distances to go to work. 39 months. He has been recognized as a Mr. SAM JOHNSON of Texas. Mr. Environmentalists want gas to go true American patriot and awarded nu- Speaker, one of the many egregious much higher so people will drive less; merous medals. I have met Frank on and punitive parts of ObamaCare is the but if gas goes to $5 a gallon or even several occasions. He was a constituent burdensome 1099 rule, a paperwork reg- higher, it will hurt a lot of poor and of my district, and I was always in- ulation that forces millions of busi- lower-income and working people. I spired by his sense of humility and nesses to file a 1099 tax form each time know most environmentalists come hope. they spend over $600 per vendor. The from very wealthy or upper-income He represents the very best of this National Association for the Self-Em- families, and I know they will say we country: service, determination, and ployed reports that those companies don’t have enough oil to drill our way patriotism. He has lived through some with 10 or fewer employees, their pa- out of this problem; but if we would at of the most historic events in our perwork burden is going to jump from least start producing a little more oil, American history, from the Great De- an average of two per year to roughly it would be harder for other countries pression to two world wars, to the in- 27 per year, a whopping 1,250 percent to keep raising their prices. vention of the Internet, reminding us paperwork increase. President Clinton vetoed drilling in of the immense progress, yet change, Main Street mom-and-pop shops ANWR in the mid-nineties, stopping a that we have seen in this Nation. For years, Frank had dedicated his don’t need the added costs of more reg- million more barrels a day from being life to ensuring his fellow doughboys ulatory requirements at a time when produced here. When environmental received proper national recognition. I their efforts are rightly focused on just radicals stop more domestic oil produc- hope this Congress will honor the leg- staying in business. It’s jobs we are tion, it helps foreign energy producers, acy of Frank Buckles and the legacy of protecting. It’s time to repeal the 1099 but it really hurts middle- and lower- all those who fought in the War to End rule right now. income Americans. All Wars by paying tribute to them f f with a national memorial. Let Frank’s THE TIME TO GOVERN IS NOW THE REPUBLICAN BUDGET legacy remind us of the service and sacrifice all veterans make in the name (Mr. CONNOLLY of Virginia asked (Mr. BACA asked and was given per- of protecting America and all for which and was given permission to address mission to address the House for 1 she stands. the House for 1 minute and to revise minute.) Our thoughts and prayers go to the and extend his remarks.) Mr. BACA. Mr. Speaker, Congress Buckles family. Mr. CONNOLLY of Virginia. Mr. should be focusing on creating jobs, Speaker, the time to govern is now. helping middle class families, and low- f The reckless continuing resolution ering the deficit with intelligent spend- GOP SPENDING PLAN that Republicans passed 2 weeks ago is ing cuts—and I say with ‘‘intelligent’’ (Ms. CHU asked and was given per- an abject failure of leadership. In the spending cuts. But instead, we’re head- mission to address the House for 1 race for ever-increasing and arbitrary ed towards a devastating government minute.) cuts, they demonstrated on a party- shutdown. Ms. CHU. So be it. That’s what Re- line vote that they know the cost of ev- Policy experts from across the polit- publicans are saying to 700,000 Amer- erything and the value of nothing. ical spectrum all agree the Republican ican workers who will be needless cas- Moody’s Analytics said their ap- budget will result in more job losses, I ualties of their gutting and slashing proach would cost 700,000 jobs. The state more job losses, and more suf- funding bill. Economic Policy Institute said it fering of our families. Senator So be it. That’s the Republican atti- would cost 800,000 jobs. Goldman Sachs MCCAIN’s chief economic adviser esti- tude to a government shutdown if they said it would lower economic growth mates that the Republican budget will don’t force more cuts, destroying more by 2 percent and increase unemploy- lead to 700,000 jobs being lost. Even jobs. ment by 1 percent. Even the conserv- Wall Street firms like Goldman Sachs So be it. That’s the Republican mes- ative Club for Growth called it a mis- say the budget plan will cause our sage to one out of every eleven Ameri- take, stating, ‘‘Cutting spending is im- economy to shrink by 2 percent. cans struggling to find work. portant, but economic growth is even In my district, teachers, police offi- The GOP continuing resolution does more important.’’ cers, firefighters who are set to lose nothing to create jobs. In fact, it takes Mr. Speaker, I ask that all of us, Re- their jobs deserve better. I say they de- a step backward, weakening our eco- publicans and Democrats, negotiate in serve better. The time to play politics nomic recovery. Of course, I shouldn’t good faith, in a bipartisan manner to with our budget is over. I urge my Re- be surprised. Over the last 8 weeks pass a fiscally responsible CR that re- publican friends to break free from the since the Republicans took over con- duces deficits without sacrificing eco- extremists in their party. Let’s work trol of the House, they haven’t created nomic growth, that prioritizes invest- together. Let’s work together on a real a single job. What’s worse, they ments in our economy that support plan to create jobs and strengthen our haven’t even put a single jobs bill on American competitiveness without economy. the House floor.

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.003 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1405 So while Republicans say so be it, I Mr. CICILLINE. Mr. Speaker, I rise PLANNED PARENTHOOD say stop the war on working families today with serious concerns about the (Mr. HIMES asked and was given per- and show me the jobs. lack of a true jobs plan from the Re- mission to address the House for 1 f publican majority as we seek to tackle minute and to revise and extend his re- our spending challenges. ANNOUNCEMENT BY THE SPEAKER marks.) And as the race continues to find the Mr. HIMES. Mr. Speaker, there are PRO TEMPORE next deepest cut, just who are the real smart cuts and there are dumb cuts. The SPEAKER pro tempore. The losers? It seems to be the hardest hit. The majority’s continuing resolution, Chair must remind all Members not to It’s middle class families, our children, the reception it has received, suggests wear communicative badges while our seniors, our students, and women. that it’s full of dumb cuts. It has been under recognition. This war on working families must rejected by pretty much everybody. f end. Our people are our greatest asset. Outright rejection to concerned hilar- In order to move our country out of ity is how it’s been greeted by invest- JOBS, JOBS, JOBS this recession, we must invest in their ment banks, by economists, by people (Ms. LORETTA SANCHEZ of Cali- success. My colleagues on the other who think about this stuff. fornia asked and was given permission side of the aisle are moving forward But there is something worse than a to address the House for 1 minute and with yet another dangerous spending dumb cut, and that’s a counter- to revise and extend her remarks.) bill, one that continues to give rewards productive cut. In a misguided effort to Ms. LORETTA SANCHEZ of Cali- to the most successful among us and reduce the number of abortions in this fornia. Jobs, jobs, jobs. That’s what literally guts the initiatives most country, the Republican majority ze- people back home want—jobs. Every- meaningful to middle class families. roed out title X funding for Planned body I know wants a job. People stand The work of reducing our deficit and Parenthood. in line, they want a job. And so now we controlling spending is, no doubt, hard. I have a Planned Parenthood office are at this crucial deadline, and the The fact of the matter is that we have down the hall from my congressional Republicans want to shut down the to cut spending, but we have to do it office in Bridgeport. I see women com- government because their strategy for responsibly. ing through there mainly to learn this year is just to gut everything, ev- As we seek to make a compromise about birth control, to be responsible erything, anything, 700,000 jobs, 800,000 this week, let’s remember that we can- about their reproductive lives, to be jobs, depends who you are talking to. If not cut what makes us competitive and tested for STDs. you are talking to the Moody’s person, what helps us innovate, succeed in the Remember, 3 percent of Planned Par- it’s 700,000. If you’re talking to the global economy and, ultimately, create enthood’s activities is abortion. There Economic Institute, it’s 800,000. jobs. are estimates that zeroing out title X, So while they concentrate on elimi- which the majority has done, will f nating jobs, I believe most of us here, cause 400,000 more abortions in this Democrats, are working hard to under- AN ECONOMY THAT WORKS FOR country. That’s counterproductive, it’s stand what’s an investment, how do we EVERYBODY wrong, and I would urge this House to help people to get their next job? reject a very bad idea. (Mr. YARMUTH asked and was given Where do they get their education? permission to address the House for 1 f Where do they get their training? How minute.) A TIME FOR HOPE, NOT FEAR about building the high-speed rail, for Mr. YARMUTH. Mr. Speaker, the example, in California, to create jobs? I (Mr. POLIS asked and was given per- richest 1 percent of Americans now think Republicans need to get back to mission to address the House for 1 control one-third of our Nation’s in- work. minute and to revise and extend his re- come, 120 percent more than they did marks.) f 30 years ago. Mr. POLIS. Mr. Speaker, I rise today b 1220 CEOs now earn hundreds of times in solidarity with the people of various what the average worker does. Wall MAKE IT IN AMERICA Arab countries that have risen up to Street profits are up 720 percent since throw off the yoke of tyranny that has (Mr. CLARKE of Michigan asked and 2007, and corporate taxes are at their oppressed them for too long. Mr. was given permission to address the lowest point since the fifties. All Speaker, now is the time for us to let House for 1 minute and to revise and things considered, the wealthiest our idealism trump our cynicism; a extend his remarks.) Americans are doing pretty well, much time for hope, not fear. Mr. CLARKE of Michigan. Mr. better than the rest of the country, in I understand that there are people Speaker, while today we are debating fact. who are worried about the realpolitik how we can address public needs with So you would think that after all of how developments might lead to fewer and fewer public dollars, I am these gains, the super rich—a handful changes in the world, but most Ameri- here to bring good news on how this of Americans who control fully a third cans, Mr. Speaker, have deep and abid- Congress, this past Congress, invested of our economy—would understandably ing sympathy for any who have demo- our tax dollars to help save jobs. be asked to help as we try to bring our cratic aspirations across the world. The new General Motors, which I fiscal house back into order. But the We support, as a country, the aspira- proudly represent, recently announced Republican spending plan does none of tions of all people to be heard in their a new financial milestone: four con- this. It puts the burden of cuts solely government. The only just government secutive quarters of profitability. on the shoulders of working families, is one that governs by the consent of That’s not only good for GM and its those already struggling to make ends the governed. For too long, Mr. Speak- shareholders but also for its employees, meet and provide for their families. er, too many Arabs and too many peo- the majority of whom will receive prof- The Republican plan spares the richest ple across the world have suffered it sharing of over $4,000 each. Americans from even the slightest in- under unresponsive and tyrannical What that shows is that when this convenience. leaders; and now is a time for hope, to Congress works with our President to They have proposed to slash the change that and create a new Middle invest in U.S. manufacturing, that budgets for programs that help seniors East that better supports democratic helps all of us to ‘‘make it in Amer- heat their homes, help low-income values. ica.’’ women find a doctor, and help millions f f of American students access job train- ing or affordable college or health care. BRINGING JOBS BACK GETTING BACK TO BUSINESS This is a reckless plan. We need to re- (Ms. SPEIER asked and was given (Mr. CICILLINE asked and was given ject it and instead work to create an permission to address the House for 1 permission to address the House for 1 economy that works for everybody, and minute and to revise and extend her re- minute.) not just a wealthy few. marks.)

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.026 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1406 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Ms. SPEIER. Mr. Speaker, I recently WILL WE CONTINUE TO GROW OUR achieve them by expanding American surveyed my constituents and asked ECONOMY? energy production. I hope we come to- them what they thought I should spend (Mr. DEUTCH asked and was given gether to accomplish these goals in the my time on in 2011. No surprise, they permission to address the House for 1 weeks and months ahead. said jobs; create jobs. minute.) f Fifteen million Americans without Mr. DEUTCH. Mr. Speaker, a 2-week work today, and what does the Repub- FURTHER CONTINUING APPRO- extension to fund the government may lican continuing resolution do? It is PRIATIONS AMENDMENTS, 2011 prevent a shutdown, but it will not going to add another 700,000 jobs lost in Mr. WOODALL. Mr. Speaker, by di- change the fact that a serious choice America, by Mark Zandi, the fine econ- rection of the Committee on Rules, I lies before this Congress. omist who was the adviser to JOHN call up House Resolution 115 and ask Will 2011 be a year in which we con- MCCAIN when he was running for Presi- for its immediate consideration. tinue to grow our economy, a year that dent, 700,000 jobs. The Clerk read the resolution, as fol- So why would they do this? You’ve builds on the over 1 million private sec- lows: got to scratch your head. The reason tor jobs created in 2010, or will it be re- H. RES. 115 why they want to do this is because membered as the year extremists ig- Resolved, That upon the adoption of this they only win if the economy is down, nored the warnings of world-class resolution it shall be in order to consider in if there are more jobs lost. So their economists at Moody’s Analytics and the House the joint resolution (H.J. Res. 44) Goldman Sachs and allowed our econ- making further continuing appropriations whole approach is not to be Americans for fiscal year 2011, and for other purposes. but to be Republicans. omy to shrink by over 700,000 jobs? Will 2011 be a year in which we pre- All points of order against consideration of I say: Republicans, join us in being the joint resolution are waived. The joint Americans first. Let’s create a job- pare America’s children to compete in resolution shall be considered as read. All seeking engine. Let’s create jobs in a global economy, or will it be the year points of order against provisions in the this country, not take them away. that right-wing extremists and Con- joint resolution are waived. The previous question shall be considered as ordered on f gress defied common sense, cutting Pell Grants, blaming teachers for the the joint resolution to final passage without HONORING PAT KELLY deficit, and punishing struggling school intervening motion except: (1) one hour of (Mr. WEINER asked and was given debate equally divided and controlled by the districts across America for a financial chair and ranking minority member of the permission to address the House for 1 crisis they did not cause? Committee on Appropriations; and (2) one minute and to revise and extend his re- In 2 weeks, these choices will once motion to recommit. marks.) again come before this Congress. I im- The SPEAKER pro tempore. The gen- Mr. WEINER. Mr. Speaker, a democ- plore the Republican leadership to tleman from Georgia is recognized for 1 racy is not beautiful edifices or beau- seize this opportunity, not for partisan hour. tiful buildings or even words written gain but for America’s gain. Let’s re- Mr. WOODALL. Mr. Speaker, for the on paper. A democracy’s foundation is duce the deficit in a way that does not purpose of debate only, I yield the cus- the people. Today we pay tribute to the jeopardize our recovery and make 2011 tomary 30 minutes to my friend from retirement of Pat Kelly, someone who a year we move forward instead of Colorado (Mr. POLIS), pending which has really helped our democracy backwards. time I yield myself such time as I may thrive. f consume. For 54 years, she has been one of the During consideration of this resolu- 1230 people that, anonymously and without b tion, all time yielded is for the purpose much fanfare, has made sure that this DOMESTIC ENERGY PRODUCTION of debate only. democracy, whose very foundation is GENERAL LEAVE the longest continually maintained (Mr. HULTGREN asked and was given permission to address the House Mr. WOODALL. Mr. Speaker, I ask journal in the world, kept running. She unanimous consent that all Members did it as a proud daughter of Brooklyn, for 1 minute.) Mr. HULTGREN. Mr. Speaker, when I have 5 legislative days to revise and ex- and she comes from a truly patriotic tend their remarks. family. returned to Illinois last week, I talked to my constituents, and the refrain I The SPEAKER pro tempore. Is there Her mother was a Member of Con- objection to the request of the gen- gress, as the Speaker and minority heard over and over was their frustra- tion and concern about the pain tleman from Georgia? leader have pointed out. Her grand- There was no objection. they’re feeling at the gas pump. And father, William Kelly, was the Post- Mr. WOODALL. Mr. Speaker, House master General of Brooklyn. I was it’s not just hurting them. It is threat- Resolution 115 provides a closed rule proud to kind of make quasi-associa- ening to damage our economy. It’s al- for consideration of H.J. Res. 44. This tion with Pat when I was in the city ready a weak economy, and it is dam- bill would fund the government council and I got some funds to fix up aging it even worse. through March 18 and reduce federal Kelly Playground, where so many of us At this moment, the average cost of spending by $4 billion over the remain- enjoyed Brooklyn. a gallon of gas in my home State of Il- der of the fiscal year. The measure cuts You know, it really is true that many linois is over $3.50—more than 10 cents $2.7 billion in earmarks from Energy of us as Members of Congress blithely higher than the national average. and Water, Labor-HHS, Transpor- come through here. We cast our votes. These prices are unseasonably high, tation-HUD, Homeland Security, and We give our speeches. And it’s easy for hitting Illinoisans and Americans hard Legislative Branch appropriations, but us to forget that this democracy is not in their already-thinned pocketbooks most importantly, this measure averts about us. It’s about the participation and threatening our economy’s tenuous a government shutdown and allows the of citizenry and, of course, the hard recovery. Senate time to continue to consider work of so many people that make this It’s clear that Congress must act to H.R. 1, the bill that we successfully institution so grand. protect our constituents from even passed in this Chamber just 1 week ago. Pat Kelly is such a person. She is an higher gas prices by expanding our Na- Mr. Speaker, on that bill, we had institution unto herself. She will be tion’s domestic energy production. roughly 50 hours of debate from both missed around here, but I can tell you More energy production here at home sides of the aisle, debate that ran late she will not be forgotten. We will re- would not only reduce the cost of gas, into the night that allowed the House member her for her charm, her smile, putting money back in the wallets of to work its will for the first time in a her grace, and the way with which she every American; it would also create long time. And the end result was that did her job. the kind of good-paying jobs that so continuing resolution, H.R. 1, that now So to her family, the entire Kelly many people need and will help get our sits idly in the Senate. family, from all of the people from her economy running again. This resolution today, this rule home borough of Brooklyn, I want to Creating jobs, saving our constitu- today, which I urge Members to strong- say to her, congratulations on her re- ents money, and helping the economy ly support, will allow for the 2-week ex- tirement. She will be missed. should be bipartisan goals, and we can tension of Federal funding to allow the

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.029 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1407 Senate time to seriously consider this ing another closed rule, shutting down What we see now, however, from the bill, again, H.R. 1, the first bill in a amendments from both sides and sti- proposed short-term CR is the elimi- long time on which the House has had fling the legislative process and good nation of the Striving Readers Fund, a chance to work its will. cost-cutting ideas from both sides of which supports literacy for students I reserve the balance of my time. the aisle. In fact, yesterday in the from preschool through 12th grade. Mr. POLIS. I yield myself such time Rules Committee, my colleagues took With American students’ reading as I may consume. a party-line vote to block an amend- scores stagnating for the past 30 years, Mr. Speaker, in 4 days, the Federal ment from the top ranking member on this proposal makes no sense. Government will run out of money. We the Appropriations Committee, Mr. Striving Readers is the only targeted must ask ourselves, how did we get DICKS. Mr. DICKS’ amendment would Federal literacy funding for preschool into this dire situation where we are 4 have cut more funds than the Repub- through 12th grade. And particularly at days away from critical Federal serv- lican bill and, at the same time, re- a time of State and local budgets cuts, ices being closed and our Federal Gov- stored funds for education programs. these resources are more important ernment being unable to meet its obli- In the spirit of the urgent need for than ever. gations. cost-cutting and balancing the deficit, Now, we can agree that Striving Today we are racing the clock to I think this body should consider ideas Readers should be improved. In fact, I avoid this shutdown in large part be- from both sides of the table and allow am working, along with Congressman cause we have squandered the past 2 a rule that allows for discussion of the YARMUTH, to provide the LEARN Act, weeks debating H.R. 1, a ridiculous Dicks amendment and other ideas to which would ensure that teachers and spending bill that contained some cuts cut costs even further than this CR al- students have innovative strategies so extreme it had no realistic chance of lows. and data-backed tools to improve read- ever being passed into law and left This CR may succeed in keeping the ing and writing. The administration’s other areas of the budget that both government open from March 5 proposal would build on the progress of sides have generally agreed need to be through March 18, which I think we all the Striving Readers program. cut untouched. H.R. 1 also had every agree is necessary. But we also all President Obama said in his State of bit of social legislation from the Re- know that 2 weeks is not nearly enough the Union address: It’s not just about publican majority, including gutting time to negotiate a long-term solution how we cut, but what we cut. Repub- the ability of EPA to protect our air to the enormous spending challenges licans have mistakenly claimed that and our water and defunding Planned we face, especially when the Constitu- the administration also wants to elimi- Parenthood and family planning, so tion guarantees the President 10 of nate Striving Readers, but they neglect that it had a threat of a Presidential those days to decide whether to sign or to mention that the administration’s veto and faces no realistic prospects of veto the bill. 2012 budget proposes instead to revise, passage in the Senate. The other side had discussed, at the improve Striving Readers. The goal is So rather than working with Demo- end of last session, the need to have not to reduce and eliminate Federal crats in the House and Senate to craft stability with regard to what kind of support for literacy; it is to consolidate a real long-term CR that would pre- taxes people and businesses can expect and make more efficient Federal sup- serve the gains of our economy and in- over time. And at the end of last ses- port for literacy, to strengthen literacy vest in our future, Republicans have sion, we passed a bill that set predict- performance expectations, scale up in- squandered the past few weeks to pass ability for 2 years so people and busi- novative methods of teaching reading, their out-of-touch and unrealistic nesses know what their taxes will be. writing, and language arts. spending bill that would prove dev- Well, the other side of that coin is we In fact, nearly all States, 44, have ap- astating to our economy, our safety, need predictability and stability plied for the first $10 million in the our health, and, yes, our values. around appropriations and the general Striving Readers allocation that was Their draconian spending bill would activities of government. It is stifling available and have developed State lit- destroy 700,000 jobs, according to Mark to the economy and stifling to job cre- eracy plans as a result. My home State Zandi, chief economist at Moody’s and ation for people to be uncertain as to of Colorado has been awarded $150,000 former adviser to Senator JOHN whether the largest enterprise in our for these important projects. MCCAIN. And as Goldman Sachs said, country, the Federal Government, will Literacy is the foundation of learn- their long-term CR would ‘‘stall the or won’t be solvent in 4 days’ time. ing. It is the gateway to other content economic recovery and reduce U.S. eco- This is my third year in Congress and areas that are increasingly important nomic growth.’’ In fact, just this morn- already the fourth time I’ve managed a in the global society, like science and ing more than 300 economists from rule on a short-term CR. The shortened math. Destroying the foundation of lit- across the country warned against the timeline set out by this CR sets the eracy is cutting off our Nation’s own massive GOP spending bill, stating stage for a devastating shutdown crisis legs. Education is an investment in our that, ‘‘as economists, we believe it is every 2 weeks that will bring legis- future. By pulling the rug out from shortsighted to make budget cuts that lating to a standstill, impede hopes of under our schools and children, Repub- eliminate necessary investments in our long-term economic growth, and create licans seem willing to sacrifice our fu- human capital, our infrastructure, and enormous overhang on the markets be- ture prospects as a Nation. Education the next generation of scientific and cause of this great uncertainty that is is how America can reclaim our edge in technological advances. These cuts of our own creation. job creation, bring jobs back to our threaten our economy’s long-term eco- shores, become better business leaders, 1240 nomic competitiveness.’’ b and provide a livable wage for working Mr. Speaker, today’s continuing reso- We are also undermining, through families. lution meets our shared goal of pre- this CR, Mr. Speaker, investments in We all agree that cuts must be made. venting a Federal Government shut- our own future. Take the cuts to lit- But as the Romans said, caveat down, but at what cost? And for how eracy programs, for example. emptor, may the buyer beware. By long? We are committed to reducing Building an excellent public edu- agreeing to cuts in repeated short-term the deficit beginning with an aggres- cation system that ensures that each CRs, we run the risk of opening the sive attack on waste, fraud, and abuse. and every child has an opportunity to door to a spending agenda that arbi- Every Member in this body owes it to succeed is the most important invest- trarily kills jobs, hurts our commu- our constituents to responsibly cut ment we can make in our Nation’s fu- nities, completely undermines edu- spending and balance the budget with- ture and developing our human capital cation reform, and we do nothing to out sacrificing jobs or weakening our which helps keep America competitive. promote the stability of the Federal economy. This is an investment that I have spent Government that markets require to Time and time again, the Republican much of my life to support and allow businesses to thrive and grow. leadership has told us that they want achieve—on the State Board of Edu- I reserve the balance of my time. to proceed in an open and transparent cation, as a founder of a charter school, Mr. WOODALL. Mr. Speaker, I yield fashion, and yet here we are again, fac- and now here in Congress. myself such time as I may consume to

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.033 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1408 CONGRESSIONAL RECORD — HOUSE March 1, 2011 say to my friend, I could not agree get the bad out of the budget, we’ve got peditiously on the work of the people’s with him more. We must ask ourselves: to decide that we’re going to choose be- House more than I do. But given that How did we get here? How did we get tween good and good, between good and not one moment has been dedicated to here? I have been on the job for 60 days, good because every school group I that, we have to come down here and but the fiscal year began back on Octo- spoke to over our district workweek is fund the government one more time. It ber 1 of 2010. How did we get here? a school group from whose future we is the responsible thing to do. It is the We got here because the work of the are borrowing, whose future we are responsible thing to do. people’s House didn’t get done last mortgaging over and over and over The better thing to do would be to year, and I regret that. Candidly, I’m again. act on H.R. 1, which the House passed not sure how. I hear so many folks talk It has to be said that the House last week with the support of Members about the partisanship in the Congress worked its will in an unprecedented in this body. But now, we have to come and the partisanship in Washington, fashion, an unprecedented fashion. Mr. down here and extend for 2 weeks to DC, and people can’t get things done Speaker, I don’t say that lightly. I give us time to finish those negotia- because of the partisanship. But, of mean never, never before in modern tions with the Senate side. And if that course, last year Democrats controlled times has the House worked its will on is not enough time, I suspect we will be the House, the Senate, and the Presi- a continuing appropriations bill the back down here again. My friend from dency. And yet we still sit here today way it did last week. Again, I don’t Colorado and I will be back down here without a budget, without the appro- care whose fault it is. I don’t care why in this well doing this same thing. priations that the speaker knows we we couldn’t get it done last October. I But it is no way to run the govern- ment, Mr. Speaker. It is no way to run need for the government to continue don’t care why we couldn’t get it done the government. This is just what we its operations. in November. I don’t care why we have to do while we wait on the Senate How did we get here? I don’t know. couldn’t get it done in December. What to take up that bill on which the House But I know this: Nobody elected me in I care about is we have an opportunity November to come up here and point worked its will last week. to get it done, and we did that last I reserve the balance of my time. the finger of blame. They elected me to week. work with my friend to clean up this Mr. POLIS. I yield myself 30 seconds. The House worked its will, and we The gentleman from Georgia said let mess. Irrespective of how we got here, had some winners and we had some los- us do more to save money, and yet this we have to move forward. ers. I voted for a number of amend- I have to say, because I was at home rule shuts down the process and doesn’t ments that failed. I didn’t get every- allow amendments from the minority, for the past week with my constituents thing that I wanted in that bill. I know working through these very same including one by Mr. DICKS that saved my friend from Colorado didn’t get ev- over $1 billion and would have reduced issues we are talking about today, the erything he wanted in that bill, but the the deficit by over $500 million. And question I got over and over and over House worked its will, Mr. Speaker, yet again, through this closed rule, we again is: Rob, that is a great start, but with unprecedented openness, and H.R. are unable to do more, thanks to this let’s do more. That’s a great start, but 1 was the result. restrictive rule by the Republican ma- let’s do more. Well, I asked my staff to call over to You know, getting started is what is jority. the Senate before I came down here. I I yield 2 minutes to the gentleman hard. It is hard to get started. Over and wanted to find out exactly how much from Minnesota (Mr. ELLISON). over again we have heard our friends debate the Senate had been putting in Mr. ELLISON. Mr. Speaker, I rise in on both sides of the aisle say: You on H.R. 1. Of course, we debated it for opposition to the rule and the under- know, this program, it can be fixed. It almost 50 hours. We went through the lying bill, House Joint Resolution 44. can be fixed. This bill is just another part of the I wonder if we will have a day here night on a couple of nights. We wanted to make sure that the entire House had reckless Republican no-jobs agenda. In- where we can start from a blank sheet, stead of focusing on creating jobs, Re- just a blank sheet, and say: What is it an opportunity to be involved. My staff tells me, Mr. Speaker, not a moment. publicans are trying to cut nearly 1 that is worth borrowing from our chil- million jobs across the country. Repub- dren for? What is it that is worth in- Not a moment. I hear the sense of urgency from my licans have been in control of the creasing our children’s credit card bal- House for now more than 2 months. ance for? What is it that is worth mort- friend from Colorado that we have to take action; this is no way to run a They have been in control of the House gaging our children’s future for? for now more than 2 months, and they Let me just say to my friend, because government. I think he is right. I think have failed to bring up a single bill to I know he has a great passion for edu- cleaning up this mess means passing a create a single job. cation, and it is a passion I very much single continuing resolution that gets respect, I have the great fortune of us through to the end of the fiscal b 1250 coming from the part of the world year. For Pete’s sake, the Appropria- I mean, they haven’t done just a poor called Gwinnett County, Georgia. And tions Committee is already taking tes- job. They haven’t done anything. This Gwinnett County was the recipient of timony to try to get us into the 2012 bill is just a mini-version of a larger the Broad Prize for the single best budget cycle. This is leftover work that Republican drive that America soundly urban education school district in simply didn’t get done last Congress. rejected a week ago. I am absolutely America. We made it as a finalist 2 Not one second has been spent on the against starting down a series of short- years ago, but last year we won. And Senate side, Mr. Speaker, from what term cuts, of short-term CRs, that re- we won in spite of Federal Government my staff tells me. Not one second has sult in a bleed of the American middle intervention—not because of it, in been spent considering a bill on which class. This is death by 1,000 cuts—a spite of it. We won because, as a com- the entire United States House of Rep- slow bleed. munity, we got together back in 1996 resentatives worked its will; a bill that As Speaker BOEHNER stated earlier and said there is a better way. What was the only open process that this this week before the National Religious can we do to enable our children to House has seen on a continuing resolu- Broadcasters convention, ‘‘If they succeed better? tion; a bill that allowed Members from won’t eat the whole loaf at one time,’’ We were doing standardized testing both sides of the aisle to come down he said of the Democrats, ‘‘we’ll make in Gwinnett County before standard- here to the House floor and represent them eat it one slice at a time.’’ ized testing was in vogue because we their constituents back home by doing This is what this short-term CR is all knew we had to have a way to measure. exactly what my friend from Colorado about, one slice at a time, with the We knew we had to have a way to sort is suggesting—trying to make good goal of shoving a whole loaf down the out what works and what doesn’t. Well, cuts, trying to make those things, throats of the American people. The folks, we need some of that standard- present those things on the House floor American people don’t want the Repub- ized testing here on Capitol Hill: What that make the most sense to folks back lican layoffs. They want jobs. works and what doesn’t? home. Let’s be clear. The bill before us And there are a lot of things that Well, Mr. Speaker, we are where we today is just one more fight in this bat- aren’t working. Not only do we need to are. No one wants the Senate to act ex- tle to keep American jobs. It’s the

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.035 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1409 same job cuts that Republicans passed get unemployment back down under 8 This brings me full circle, Mr. Speak- a week ago. This is just a 2-week percent. er, to H.R. 1, which is the single con- version of it. The Republicans’ reckless Those jobs didn’t materialize because tinuing resolution that has had more ‘‘so be it’’ attitude on spending de- the Federal Government can’t create openness in the process than any other stroys jobs that threaten America’s jobs. We can destroy jobs—we can and continuing resolution this House has economy. You don’t have to take my we do—but we can’t create jobs. Our ever considered. It led to the best proc- word for it. All you have to do is read young entrepreneurs create those jobs. ess, and it led to the best outcome. the report released by the chief econo- The business owners in our commu- This is the bill that sits in the United mist at Moody’s, Mark Zandi, if you nities create those jobs. We destroy States Senate today, that could be want to know about the Republicans’ jobs, but we cannot create jobs. That is acted on today, that would fund the ‘‘no jobs agenda’’ CR, which would cut what this continuing resolution is a government and provide the certainty 700,000 jobs by year’s end if they make recognition of, Mr. Speaker: that the that we need today through the end of us eat one slice at a time and which government can absolutely get out of the fiscal year, which is on September would reduce economic growth. the way. We’re not going to hear today 30. The SPEAKER pro tempore. The about the numbers of jobs that will be So when we’re talking about cer- time of the gentleman has expired. lost if the EPA continues to classify tainty, and I absolutely believe that Mr. POLIS. I yield the gentleman an carbon dioxide as a pollutant and ham- our economy needs certainty, it is the additional 30 seconds. strings the American economy in a government that’s creating the uncer- Mr. ELLISON. Let me quote econo- way that no other economy on this tainty. We are creating the uncer- mist Mark Zandi directly: ‘‘While long- planet is hamstrung. We’re not going tainty. We have historically created term government spending restraint is to hear those jobs numbers. H.R. 1 the uncertainty. We have an oppor- vital and laying out a credible path to- would solve that, and we have to get tunity with H.R. 1 to eliminate that ward that restraint very desirable, too started somewhere. uncertainty for the rest of the fiscal Mr. Speaker, I take no pride of au- much cutting too soon would be coun- year and to get back to doing what this thorship. I’m just a participant in H.R. terproductive.’’ House always should have been doing, 1 as it passed the House, as the House The economy is adding about 100,000 which is considering appropriations worked its will, as Democratic amend- to 150,000 jobs a month; but until that bills under regular order. ments passed and as Republican number reaches about 200,000 on a Candidly, I hope my friends on the amendments passed. I wish we’d been monthly basis, ‘‘imposing additional Democratic side of the aisle are throw- governing the right way and that this government spending cuts before this ing down that gauntlet today. I hope had been done back on October 1. We has happened would be taking an un- they’re saying, You know, ROB, it’s not passed that continuing resolution, and necessary chance with the recovery.’’ easy to lead. It’s not easy to move bills it’s unclear to me why there was no Mr. WOODALL. I yield myself such through regular order. open process there. We passed the sec- time as I may consume. I want that opportunity to try. I ond one in December and then the Mr. Speaker, to put these cuts in per- want an opportunity to do it the right spective, because, again, we have to get third one in December. Again, the openness that this House way. If we can move H.R. 1 through the started somewhere, there is not going has seen in this 112th Congress is abso- Senate and onto the President’s desk, to be a speaker who stands up here lutely unprecedented. we can then come together with the today who doesn’t speak out in favor of Now, I know my friend from Colorado same kind of open process that we fiscal restraint. The questions are: is a strong supporter of CBO and of the began 2 weeks ago to consider all of the When do we start? How much do we do? work that CBO does. I couldn’t agree appropriations bills and to make the Compare the bill that’s before us with him more. Then when Mr. DICKS priorities that this House chooses to today, which is the continuing resolu- came before the committee last night make priorities, not the last Congress, tion to fund the government for 2 with an amendment that would cut not two Congresses ago, not President weeks and is adding about $4 billion in even more, as someone who believes we Obama in his first year, not President cuts, to the bill we passed last week, need to cut more, I was incredibly en- Bush in his last term—but this House which had $100 billion of cuts in it. Now thusiastic about that. My under- today, together. What are our prior- put that $100 billion of cuts in perspec- standing was that CBO hadn’t had a ities? tive. chance to score that amendment, that As soon as we move this continuing Let’s take the average American there was no scoring to be had, and so resolution behind us, Mr. Speaker, we family who has to go out and buy gro- we couldn’t tell whether or not this can begin to focus on those priorities, ceries. That family has a 31-day gro- was going to cut or whether or not this which is where the true work of the cery bill. Knowing that you’ve got to was going to add or how the spend House is intended to be. go out and buy 31 days’ worth of gro- rates were going to sort themselves With that, I reserve the balance of ceries, what we’re asking of the Amer- out, because it came at the very last my time. ican people is to cut 1 day out. We’re minute. Mr. POLIS. I yield 2 minutes to the going to tell you now that we’re going Yet what didn’t come at the last gentleman from New Jersey (Mr. to cut 1 day out, and we need you to minute was the opportunity for the mi- PALLONE). stretch your 30-days’ worth of groceries nority to offer a substitute. The Speak- Mr. PALLONE. I like the gentleman into 31. er reached out to the minority to say if from Georgia. He’s a nice guy. But I Mr. Speaker, that doesn’t seem that you were interested in offering the have to say that his story about what draconian. In fact, it doesn’t seem dra- same continuing resolution that you actually happened here is not exactly conian at all. It seems like what Amer- had offered before, which was going to accurate. ican families are doing over and over freeze funding—and we’ve heard that a Mr. Speaker, the fact of the matter is and over again in the recession that lot. Let’s just freeze things. We don’t when the Democrats were in charge in we’ve been battling. want to cut anything, and we don’t the last Congress, we did have an omni- When we talk about these jobs num- want to be draconian—the majority bus appropriations bill, but it was the bers, these are the same jobs numbers would have absolutely made that in Senate Republicans who refused to pro- about which folks said, If only you’ll order. vide the votes, because, as you know, put your children in debt to the tune of Again, the House could work its will, you need a supermajority in the Sen- another $1.5 trillion, we’ll get unem- but my understanding is that that offer ate. ployment down under 8 percent. It’s was turned down and that folks were Then he talked about how he was the same economist who said, Well, it not interested in offering that sub- glad to be home last week. I was glad didn’t work the first year, but what if stitute. I would have been a proud ‘‘no’’ to be home last week too, and I got a we do it the second year? If we put you vote on that substitute, but I still be- lot of input, but we should have been in debt to the tune of $1.6 trillion, in lieve, as the gentleman from Colorado working here and not moving up so addition to the 1.5, in addition to the said, openness in the process yields a perilously close to these deadlines 1.3 the year before, then we’re going to better result. where the government could actually

VerDate Mar 15 2010 00:41 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.037 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1410 CONGRESSIONAL RECORD — HOUSE March 1, 2011 shut down. My fear is that we’re just House has seen in 4 years. Arguably, DICKS), the ranking member of the Ap- going to be kicking the can down the it’s the furthest thing from take-it-or- propriations Committee. road every 2 weeks, every 2 weeks, fac- leave-it legislating that the House has Mr. DICKS. Mr. Speaker, the CR dis- ing another possible government shut- seen on continuing appropriations bills proportionately cuts education, espe- down. As the gentleman from Colorado in modern time. cially literacy efforts. David Brooks, said, that creates economic uncer- So when we talk about where we are not known as a left-wing journalist, tainty and is not good for the economy. and where we’re going, we have to ask writes in the New York Times column that question of, why are we character- today: ‘‘If you look across the country, 1300 b izing this as a process that’s broken? you see education financing getting Now, I just wanted to comment on Why are we characterizing H.R. 1 as sliced often in the most thoughtless the gentleman from Georgia. I was glad something that doesn’t work? Why and destructive ways. In Washington, that I finally heard him use the word isn’t H.R. 1 the very best, the very the Republicans who designed the cuts ‘‘jobs’’ and talk about jobs because best, given the makeup of this House, for this fiscal year seem to have done that’s the problem here. This H.R. 1 given our collective intellect and wis- no serious policy evaluation.’’ that he talks about we know is going dom? Why isn’t H.R. 1 the very best Last night, I asked the Rules Com- to destroy jobs—various accounts, that we can do? Because when the proc- mittee to make in order an amendment 700,000, 800,000 jobs that will be de- ess is open and everyone gets to par- restoring education cuts. The amend- stroyed or will be eliminated, not just ticipate, it ought to bring out our very ment cut $1 billion from the Census in because the government isn’t paying best. money that wasn’t needed, applying for the jobs, but because it doesn’t in- And I’ll say to the gentleman from most of that to offset education spend- vest in the future. New Jersey, he has some of the lowest ing, and the remainder went to further If you listened to what President gas prices in the country. I enjoy trav- reducing the deficit below the levels in Obama said in his State of the Union eling through his great State. Every the CR before us. The Rules Committee address, he said that the government time I go through, not only do I get chose not to make that amendment in has a role. The gentleman from Geor- full-service gasoline, I get it for the order, and therefore I oppose the rule. gia says the government should get out best prices in the country. But to talk to the gentleman, I spent of the way. Well, I don’t agree with Gas prices are up 25 cents a gallon in 8 years on the staff of the other body, that. We need to make wise invest- Gwinnett County, where I come from; and this is my 35th year in the House of ments in our future, in our education 25 cents a gallon in the past 10 days. Representatives. Nobody ever gets ev- programs—which this cuts—in our re- We have economic crises in this coun- erything they want: This is a process search and development for the future, try; we have economic challenges in where the House passes a bill, it goes in infrastructure so that we can have this country; but spending more gov- to the Senate, and then we have a con- roads and highways and mass transit so ernment resources is not the answer. ference committee or the Senate sends that commerce can continue and we We have about a $15 trillion economy. the bill back to us. Both sides meet and can grow the economy. Even with a $3.5 trillion Federal budg- work out their differences. There is That is what’s wrong with H.R. 1 and et, the Federal player is small, small— give and take, there is compromise, this larger bill that the Republicans 8.5 cents of every dollar in education in and that is the way this process works. And I also want to say to the gen- have put forward. And, of course, the Georgia comes from the Federal Gov- tleman, and to your side, remember it Senate can’t take up the bill the way it ernment. The rest comes from exactly was the Democratic Congress and the is because they know it will destroy where you expect it to come from, local House Senate and Mr. Obama signing jobs and cripple the economy. communities and State governments. the $41 billion cut from the Obama So what I ask of my Republican col- We have to get the government out of FY11 budget. It was the Democrats leagues is go out there, sit down with the way. that did it. We had one Republican the Senate Democrats, sit down with And if you’re worried about uncer- vote. And I just want to remind you, the House Democrats. Don’t just say tainty, as I am, if you share our con- that was done in December in a lame take it or leave this bill that we know cern about uncertainty, then let’s pass H.R. 1. Let’s be done. Let’s be done duck session, which turned out to be a has such draconian cuts and doesn’t do with this 2 weeks, 4 weeks, 6 weeks, 12 very effective lame duck session; and anything to invest in America’s future. weeks. Let’s get us through the end of in that bill we made cuts across the We can’t continue down this road. the year. Let’s finish the job that we board in all these areas. We’ve got to work together. should have gotten done last year. So I want to make it clear we are Mr. WOODALL. Mr. Speaker, I yield Let’s put it behind us, and let’s start also for deficit reduction, but what I myself such time as I may consume. that new open process again. And it’s am concerned about—and I know the I associate myself with the gen- one that I look forward to joining my gentleman is very sincere, I can tell tleman from New Jersey’s comments. colleagues in. that, I know you believe in every word We absolutely have to work together. Mr. Speaker, I reserve the balance of that you are saying—but the biggest It’s a great source of pride for me that my time. problem with that is what the effect I’ve only been on the job 60 days and Mr. POLIS. Mr. Speaker, I yield my- will be on our economy. Mark Zandi of we’ve already seen more working to- self 30 seconds to respond. Moody’s says, it will cost us 400,000 jobs gether than this House has allowed in H.R. 1 cannot be looked at as a seri- in 2011, 700,000 jobs in 2012. Goldman the past 4 years combined. Understand ous budget document. Now, it’s not Sachs, who I don’t normally quote, that. Understand that as we’re working about the cuts—$61 billion, $70 billion, they say that this could cut 1.5 to 2 on this appropriations bill, as we’re we can come to a number that we can percent of gross domestic product. working through this appropriations agree. And by the way, you can’t come That could mean the loss of 2.4 million process, that 2 weeks ago you saw more to a serious number without making jobs over the next 2 years. That’s not openness and working together in this sure that defense is also on the table. what you want to do. Chamber—right here, right here in the But what we have with H.R. 1 is a bill You’re trying to reduce the deficit, people’s House—more working together that loads up every piece of the far- and the way you reduce the deficit is than you had seen in the previous 4 right social agenda in one bill, from re- put people back to work. You get them years combined. stricting a woman’s right to choose, to back to work, and they pay their taxes Can we do more? I say to the gen- preventing government from pro- in and the deficit comes down, the un- tleman from New Jersey, I think we tecting the air we breathe and the employment rate comes down. If you can, and I look forward to being a part- water we drink. So if we want to have do the wrong thing and make draco- ner and making that happen. But to a discussion about a serious budget nian cuts at the same time that the say that what is sitting on the desk in document and serious cuts, that’s one States are cutting $125 billion from the Senate is the product of take-it-or- thing. If we want to have a far-right their budgets, the impact of those two leave-it legislating could not be further dream list, that’s another. things—$61 billion and the $125 bil- from the truth. It’s the furthest from Mr. Speaker, I yield 4 minutes to the lion—could have a very devastating ef- take-it-or-leave-it legislating that the gentleman from Washington (Mr. fect on the economy and hurt a lot of

VerDate Mar 15 2010 04:14 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.039 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1411 programs needlessly because it’s going The people who go through the great- Committee for giving, for working out to be counterproductive. I just hope est challenge are those who have to de- that modified open rule. that you think about that. fend the bill and be here for hours and Just let me, on the point about Mr. There isn’t any economic theory that hours and hours. And as we all know, Taylor at Stanford, Stanford’s a very I’ve ever heard of called ‘‘cut and we had 162 amendments considered on good school. My son graduated from it, grow.’’ the House floor during those days that and I’m quite proud of that. The SPEAKER pro tempore. The led up to before adjournment week be- A letter signed by 300 of America’s time of the gentleman has expired. fore last. And we worked into the leading economists makes the argu- Mr. POLIS. I yield the gentleman an morning on every occasion. That ment that cutting investments this additional 30 seconds. means after midnight. I mean, I guess quickly will undermine growth. Among Mr. DICKS. So, again, it was the we adjourned at 2 or 3 on some of those the original signers from Stanford Democratic Congress that cut the $41 days. I was sound asleep then, I have to alone: Kenneth Arrow, Martin Carnoy, billion. And every reputable economist admit. But you guys were working Paul David, Mordecai Kurz, Roger Noll, says what you did in H.R. 1 is going to very, very hard, Mr. Speaker. And I and Gavin Wright. have a negative effect on the economy. want to thank them. Mr. DREIER. Mr. Speaker, if I could And so I hope you all think carefully And I was pleased that those in the reclaim my time, I would say to my about what you’re about to do. minority did recognize that doing what friend I think what we’ve just shown is Again, it takes compromise. You’ve we did was unprecedented. Never before that the proverbial economists say on got to work with the other body to has a continuing resolution been con- one hand, on the other hand. come up with a reasonable solution sidered under the process that we’ve The fact is not every economist here, or we’re going to have problems had. At best, it’s been a structured agrees on this notion, but a statement with a government shutdown. And you rule, which is what we had two decades has been made. And, in fact, my friend can say whatever you want, but we ago, and both political parties had had made it upstairs, and that is, he said don’t need the government shutting usually a closed rule for the consider- when he was quoting Mark Zandi, that down when we’re in two wars, a war in ation of continuing resolutions up to everyone, basically every economist— Afghanistan and a war in Iraq, and a that point. So I do believe that we have and that is what I inferred from the global war on terror. We don’t need to come together with, as Mr. WOODALL statement—came to this conclusion. shut the government down. has said, a package that included And my point in actually referencing Professor Taylor is that there is dis- b 1310 amendments from both sides of the aisle as we proceed with this. agreement on it. Mr. WOODALL. Mr. Speaker, I yield Now, I was tickled also to hear my I happen to come down on the side, myself 30 seconds only to say that’s friend talk about the fact that $41 bil- personally, of Mr. Taylor. I think it’s why we’re here today, as the gen- lion in cuts were made under Demo- important for us, just because we want tleman knows, so that there is no gov- cratic leadership. The fact that both to all encourage individual initiative ernment shutdown. And I could not be sides of the aisle are now talking about and responsibility, to do everything more proud that we’re here taking that and bragging about ways to cut spend- that we can to reduce the size and responsibility exactly as seriously as it ing is, I think, a very encouraging sign, scope and reach of government—and is. because that is the message. That’s the that’s what the goal of H.R. 1 is—so It’s very difficult to have a conversa- message that Mr. WOODALL was just of- that we can get the economy growing. tion about jobs when we have carbon fering. The constant expansion of gov- And I believe that more incentives by regs coming down the pipe that will de- ernment is, in fact, counterproductive reducing that tax and regulatory bur- stroy jobs and we have financial regu- in our quest to create jobs and get the den will create jobs, because we do lations coming down the pipe that will economy moving. share that goal. I mean, I’m convinced destroy jobs and we have health care Now, we had this exchange last night that everyone wants to do that. regs coming down the pipe that will de- in the Rules Committee—yesterday But this notion, I mean I’ve heard stroy jobs over and over again. My afternoon in the Rules Committee, Mr. commentators saying that somehow folks are saying ‘‘enough.’’ Speaker, in which we were talking that Republicans in saying that we With that, I yield such time as he about Mark Zandi and the Goldman might see a reduction in the number of may consume to the gentleman from Sachs projections as far as bringing Federal Government jobs, that we’re California (Mr. DREIER), the chairman about spending reductions. not for job creation. We want people to of the Rules Committee, the gentleman And I brought to the fore one of the have good, long-term jobs in the pri- that I give credit to for giving us the most brilliant economists I know, John vate sector, and that’s our goal here. most open process on a continuing res- Taylor, who is at the Hoover Institu- This rule is a standard rule. I should olution that we’ve seen in modern tion of Stanford University, former un- say at the outset that we wanted to times. dersecretary of the Treasury for Inter- have this not a closed rule but a modi- Mr. DICKS. Will the gentleman national Affairs, a very good personal fied closed rule. And I know my friend yield? friend of mine. His son used to work in was concerned that his amendment Mr. WOODALL. I yield to the gen- our office. He’s serving in the United that he testified on behalf of in the tleman from Washington. States Marine Corps. And I’ve got to Rules Committee wasn’t made in order. Mr. DICKS. That was a good process. say, Mr. Speaker, that John Taylor, in But I will tell you that we did, from I appreciate what you all did in having responding to the Zandi quote, made it the very beginning, say to the minority an open rule. I applaud Chairman ROG- very clear that the notion of not bring- leader, Ms. PELOSI, that she, when hav- ERS and Chairman DREIER. That is the ing about spending reductions would in ing introduced on February 18 her sub- right thing to do. It was appreciated on fact exacerbate the economic chal- stitute proposal that basically kept both sides of the aisle. lenges that we have. And the bottom spending at 2010 levels, that we would Mr. WOODALL. And we could not line is: The best way for us to get our have made that in order and it would have done it without your support. economy growing is to ensure that peo- have made it a modified closed rule Mr. DICKS. I did my best to help. ple can keep more of their hard-earned that we had offered, so we did do that. (Mr. DREIER asked and was given money and to restrict the kind of con- We are where we are. Ensuring that permission to revise and extend his re- trol that the Federal Government has we don’t go through a government marks.) continued to thrust on individuals. shutdown is something that Chairman Mr. DREIER. Mr. Speaker, let me I’d be happy to yield to my friend if ROGERS and I know Mr. DICKS and all of just say, I was going to begin by saying he would like to share one of those us in leadership positions, rank-and- that both my colleagues, Mr. ROGERS quotes. file Members alike, want to avoid, and and Mr. DICKS, did an absolutely phe- Mr. DICKS. Let me just make a brief that’s why we’ve got this 2-week pack- nomenal job at taking on the responsi- comment. age that’s before us. I hope the Senate bility that is thrust on them when we And I do applaud the gentleman from will act so that we can do that, and have an open amendment process. California as chairman of the Rules then do what we all want to make sure

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.042 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1412 CONGRESSIONAL RECORD — HOUSE March 1, 2011 happens, and that is have a negotiated budget plan that sensibly reduces only bill in Congress that will elimi- agreement that will get to where we spending but does not put American nate every single corporate piece of need to be. jobs at risk. What do I mean by this? welfare, loophole, tax exception, credit, So I thank my friend for his manage- What do we mean by this? Let me give so on and so on, because none of them ment of this rule just as he managed you an example. need a nickel of it. the last open rule. I think that a policy that says that I reserve the balance of my time. Mr. DICKS. Will the gentleman oil companies, which made $77 billion Mr. POLIS. I yield 20 seconds to the yield? in profit last year alone, can drill on gentleman from New Jersey (Mr. AN- Mr. DREIER. And before I yield back, federally owned property that’s off- DREWS). I guess I should yield to the ranking shore and not pay anything in royalties Mr. ANDREWS. I would ask the gen- member. to the American taxpayer is wasteful, tleman what the sales tax rate would Mr. DICKS. I just want to say one and we should stop it. I think provi- be on his fair tax proposal on American brief word. sions that say that there are tax loop- families for buying something? I applaud these modified open rules. holes for companies that outsource Mr. WOODALL. Given that it elimi- And on the regular bills on appropria- jobs out of our country are wasteful, nates the payroll tax, which is the tions, we hope—Mr. ROGERS and I have and we should stop them. Let’s get rid largest tax 80 percent of American fam- been in contact, we’re going to get of those things from our budget. ilies pay—— these bills done in a timely way. And But let’s not follow the reckless plan Mr. ANDREWS. What is the sales tax we want open rules, and we want to be of the majority that says in education, rate? able to have these unanimous consent let’s cut funding for 10,000 reading tu- Mr. WOODALL. Twenty-three per- agreements after the bills have been on tors and math coaches. In education, cent. the floor for a while in order to narrow let’s cut funding for 7,000 teachers of Mr. ANDREWS. Twenty-three per- the amendments and then to get these autistic children, children with a learn- cent on every purchase. things done in a timely fashion. And I ing disability. In border security, let’s Mr. WOODALL. Less than what think that it’s going to take the co- cut funding that’s used to pay the peo- you’re paying now. operation of all of the Members to be ple who board ships and inspect con- Mr. POLIS. I yield 2 minutes to the able to do that. tainers that come into this country to gentlewoman from California (Ms. Mr. DREIER. If I could reclaim my make sure they don’t have dirty bombs RICHARDSON). time, I will say the gentleman is abso- in them. In public safety, let’s not cut (Ms. RICHARDSON asked and was lutely right, Mr. Speaker. We want to funding that will lay off police officers given permission to revise and extend have something that we haven’t had in and firefighters in towns around our her remarks.) the last couple of years, and that is an country. In health care, let’s not can- Ms. RICHARDSON. Mr. Speaker, I open amendment process when it cel hundreds, if not thousands of re- rise today in strong opposition to the comes to the regular appropriations search grants, where our best research- rule on this continuing resolution that bills. And Mr. ROGERS and I have been ers are working on cures for cancer, or the Republicans have brought forward. discussing that at length and will con- dementia, or diabetes. These are reck- Why? Number one, it’s for 14 days. Can tinue to. less cuts. you imagine one of the most powerful And I believe that the best way to The problem with the Republican economies in this country and we are deal with this is for not leadership but plan is not just that it disrupts the talking about doing kind of in a pause for the floor managers to come to- United States Government; the prob- mode for 14 days? That’s not very re- gether and work out an agreement on lem with the Republican plan is it dis- sponsible. that. rupts the United States economy. And But let’s get to the specifics of why I Mr. POLIS. I yield myself 30 seconds this is why the leading economist for am opposed to this. This CR would to respond. slash $340 million for construction jobs I join the gentleman from Wash- JOHN MCCAIN’s Presidential campaign of 2 years ago says this plan the Repub- for projects of the Army Corps. Now, I ington in praising the gentleman from just heard the previous speaker talk California, the chair of the Rules Com- licans are offering will cost 700,000 jobs. That’s why the largest investment about private jobs. Are we prepared to mittee, with regard to the modified say that this government, we don’t open process that this body was able to bank in the country, in a nonpolitical way, says that this Republican plan think there should be any Federal Gov- undertake. ernment jobs? So are you to tell me But again, with regard to this par- will cut in half the economic growth that in my district, where I have two ticular bill before us, what the gen- the country is counting on for this ports, the largest ports in the Nation, tleman from California said is that the year. that we don’t need to do dredging, that Democrats would be allowed to offer an Let’s not disrupt jobs in this country. we can just have ships run afoul? I amendment that would spend more but Let’s cut wasteful spending. Let’s go mean, how are we going to continue not allowed to offer a substitute after corporate welfare, not special our economy? amendment that would spend less. The education. Let’s go after oil company giveaways, not Head Start. Let’s get I support cuts. If you check my Democrats, in fact, don’t have a desire record, you will see that I have sup- to offer forward a substitute amend- back to the business of debating job creation in the private sector in our ported many of the initiatives that ment that spends more. We do have a have been brought forward. But they desire to offer a substitute amendment country, not defunding Planned Par- enthood. need to be thoughtful, and they need to that Mr. DICKS came forward that does make sense. A few others that concern spend less. The rule doesn’t allow for The SPEAKER pro tempore. The time of the gentleman has expired. me greatly: A slash of $20 million to that. the Department of Homeland Security. With that, I yield 3 minutes to the Mr. POLIS. I yield the gentleman an additional 30 seconds. What are we thinking here? Haven’t we gentleman from New Jersey (Mr. AN- Mr. ANDREWS. There are 15 million learned anything from Hurricane DREWS). (Mr. ANDREWS asked and was given unemployed Americans as we meet Katrina or 9/11? That we would suggest permission to revise and extend his re- here this afternoon. Let us resolve in a cut, $103 million of FEMA State and marks.) the next 2 weeks to put their interests local programs that would provide Mr. ANDREWS. Mr. Speaker and la- first, to sensibly reduce spending where grants to avoid disasters and how we dies and gentlemen of the House, let’s we can, to invest in education and prepare for them. Cut $129 million from take the next 2 weeks to try to work health care where we must, and get on higher education. together to do the right thing for the with the people’s business. I would ask, what is this 14 days American people. Mr. WOODALL. Mr. Speaker, I yield about? We have talked about that we myself 10 seconds just to invite my are prepared, everyone’s going to come b 1320 friend from New Jersey to join me on here and make these cuts. Well, let’s I believe that the right thing for the H.R. 25, the Fair Tax Act. Not only will have a real civil discussion, and let’s American people is to come up with a it create jobs in this country, it’s the build upon last week, but let’s not do it

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.044 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1413 on the backs of the American people. Rather than fighting the demons of the By ending literacy support for our chil- There is waste that can be addressed. past, we need to focus on the very real dren and restricting proven school im- And I look forward to supporting those threats of the present and future. provements in repeated short-term initiatives. But this 14-day pause but- b 1330 CRs, we run the risk of opening the ton is the wrong way, and I am opposed door to a spending agenda that elimi- to it. Who are we fighting? The Nazis, the nates jobs. Mr. WOODALL. I continue to reserve Soviets, the French? It’s time for us to Mr. Speaker, it is critical that we the balance of my time. rethink our defense spending. It’s clear give the markets and businesses the Mr. POLIS. Mr. Speaker, I yield 2 that the current strategy is one that predictability that they need with re- minutes to the gentleman from Geor- we cannot afford. gard to the ongoing operations of gov- gia (Mr. JOHNSON). The expenditures in Afghanistan are ernment. A 2-week continuing resolu- Mr. JOHNSON of Georgia. Mr. Speak- $100 billion. It’s been estimated that tion simply fails to do that. We will be er, I rise in opposition to this rule and there is only, at most, 100 al Qaeda back before this body, again, to do it to this bill. This CR is further proof operatives in Afghanistan. That’s a again regardless of the outcome today. that the majority does not care about spending level of $1 billion per al Qaeda But I hope, Mr. Speaker, that we can the unemployment crisis. This really is operative in Afghanistan. Most of al work across the aisle to put together a a question of our morality as a Nation. Qaeda’s operations have moved across real long-term solution to keep the Are we going to eat a loaf of bread the border to Pakistan, and they have Federal Government open. that is spotted with the mold of con- also gained a foothold in Yemen. Mean- I yield back the balance of my time. while, we are bogged down in a costly servatism and so-called fiscal responsi- Mr. WOODALL. Mr. Speaker, may I war with no clear end game. bility, or are we going to bring to our inquire how much time I have remain- Let’s get serious about balancing the children a loaf of bread that is healthy, ing. whole wheat, and good for America? budget. Let’s find savings in every agency, including the Department of The SPEAKER pro tempore. The gen- This bill represents a loaf of bread. And 3 Defense. Until we get serious about tleman from Georgia has 3 ⁄4 minutes I might point out the Speaker yester- remaining. day or a few days ago said something controlling defense spending, the larg- Mr. WOODALL. Mr. Speaker, we are about, well, if they don’t want to eat est component of the discretionary here today for one reason and one rea- the whole loaf of bread at one time, budget, we will never achieve our goals son only, and that’s to provide ample then I am going to make them eat it of reducing the deficit. time for the Senate to consider H.R. 1, one slice at a time. Well, every slice is This CR claims to only cut earmarks, to keep the doors of the Federal Gov- speckled with mold of this old-fash- but in reality we are playing a shell ernment open, to keep important serv- ioned, old way of thinking that got us game. This continuing resolution ices being dispensed, to keep the gov- into this problem that we are in now. states that earmarks have no legal ef- ernment of America on track for 2 What we have done is given the keys fect, which means that agencies have more weeks while the Senate takes to the car that they drove into the not been funding these programs. It time. ditch back to them, and now we are means the Department of Homeland I will associate myself with the gen- forced to eat bread in that car, moldy Security, for example, will have $264 tleman from Colorado when he says we bread in that car that is going nowhere million less to prepare and respond to can’t always get what we want. I sadly but down. threats and disasters and protect our Mark Zandi said 700,000 jobs would be ports. haven’t gotten what I wanted so far, lost if we do it the way that these Re- Two weeks ago, Mr. Speaker, Mem- and I am prepared to get even less of publicans who cannot drive, if we allow bers from both sides of the aisle pro- what I want going forward. But I don’t them to do that. And I am simply look- posed amendments to enact even more mind telling you I don’t know how we ing ahead for my children and for my cuts. My friend from New York (Mr. are going to get to what any of us want grandchildren and my great-grand- NADLER) proposed cutting funding to if folks don’t even start considering the children. I cannot in good faith go Afghanistan so that we could have a re- bill. along with this. sponsible withdrawal, saving $90 bil- This was our very best shot. It was Mr. WOODALL. I continue to reserve lion. My friend from Arizona (Mr. our very best work product. Whether the balance of my time. FLAKE) proposed a very reasonable cut you love it or whether you hate it, it Mr. POLIS. I would like to inquire if to the Department of Defense’s oper- was the most openly produced work the other side has any remaining ation and maintenance budget so that product in continuing resolution his- speakers. we could get rid of funding for tory. And there it sits, and there it Mr. WOODALL. I am the final speak- unneeded boards and commissions. sits, almost 10 days now with no ad- er. I have also heard from many of my vancement whatsoever. Mr. POLIS. I yield myself as much Republican friends that we want to go Mr. Speaker, I hope these 2 weeks are time as remains. back to 2008 levels. Well, my colleagues enough. I recognize the caution that Mr. Speaker, we all share the goal of from California, Mr. STARK and Ms. my friend from Colorado suggests that reducing the deficit. But if we are seri- LEE, proposed to do just that with the we may be back here one more time ous about deficit reduction, we need to defense budget. Let’s get real on deficit doing this again. I hope this is the last look at defense as one of the line items. reduction and lead the way with real time that we will be here. I am a member of the Spending Cuts cuts that actually balance the budget. But I know this: I know we can’t con- and Deficit Reduction Working Group, The President is proposing real tinue to mortgage our children’s future and I have worked with my colleagues change for public education through while we wait. I know we can’t fiddle to identify more than $70 billion in sav- funding for the Investing in Innovation while Rome burns. So we have passed, ings that could be used for deficit re- and Early Learning Challenge funds. we have presented this continuing reso- duction. We see none of these solutions in the lution with cuts there to prevent our If Republicans truly claim to be com- proposed CR. As we look to agree on a children’s future from continuing to be mitted to deficit reduction, then why, budget for the rest of the fiscal year, mortgaged. as they cut millions from programs it’s critical that we have meaningful As I spoke with school groups across like Even Start and LEAP, do they resources for our public schools, par- the district last week—and I share my spare defense spending? The short term ticularly at a time when they are friend from Colorado’s passion for edu- CR carries forward the 2010 defense under increasing budget pressure from cation—I asked them to turn on C– budget, but the policies, priorities, and districts and State cutbacks. Edu- SPAN this week, because I said it levels proposed for 2010 no longer cation of our children in their youngest doesn’t matter who stands up, whether apply. Our current military expendi- years is a research-proven return on in- they stand up on the left or the right, tures support bloated troop levels and vestment. or whether they speak from the well or bases across Europe that quite frankly, We have no second or third chance from the leadership table, they will tell Mr. Speaker, are relics of a bygone era. with kids. They are only young once. you that the reason they are there

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.047 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1414 CONGRESSIONAL RECORD — HOUSE March 1, 2011 today is for you, is for you, the chil- Mulvaney Rivera Smith (NJ) b 1359 dren. It’s for your future that they are Murphy (PA) Roby Smith (TX) Myrick Roe (TN) Southerland Messrs. BRADY of Pennsylvania, there on the floor of that House. Neugebauer Rogers (AL) Stearns THOMPSON of Mississippi, RAHALL, I believe that. I believe that in every- Noem Rogers (KY) Stivers DAVIS of Illinois, and PASCRELL one’s heart they are here to make sure Nugent Rogers (MI) Stutzman Nunes Rohrabacher Sullivan changed their vote from ‘‘yea’’ to that tomorrow’s generation does better Nunnelee Rokita Terry ‘‘nay.’’ than today’s generation. I would just Olson Rooney Thompson (PA) Mr. KINZINGER of Illinois changed say, Mr. Speaker, that if there are Palazzo Ros-Lehtinen Thornberry his vote from ‘‘nay’’ to ‘‘yea.’’ schoolchildren out there watching Paul Roskam Tiberi Paulsen Ross (FL) Tipton So the previous question was ordered. today, perhaps they will pick up the Pearce Royce Turner The result of the vote was announced phone and they will give us a call and Pence Runyan Upton as above recorded. let us know exactly which one of us is Peterson Ryan (WI) Walberg Petri Scalise Walden The SPEAKER pro tempore. The on the right track, because I know it’s Pitts Schilling Walsh (IL) question is on the resolution. all about them that we do what we do. Platts Schmidt Webster The question was taken; and the Mr. Speaker, I yield back the balance Poe (TX) Schock West Speaker pro tempore announced that of my time, and I move the previous Pompeo Schweikert Westmoreland Posey Scott (SC) Whitfield the ayes appeared to have it. question on the resolution. Price (GA) Scott, Austin Wilson (SC) Mr. POLIS. Mr. Speaker, on that I The SPEAKER pro tempore. The Quayle Sensenbrenner Wittman demand the yeas and nays. question is on ordering the previous Reed Sessions Wolf Rehberg Shimkus Womack The yeas and nays were ordered. question. Reichert Shuler Woodall The SPEAKER pro tempore. This is a The question was taken; and the Renacci Shuster Yoder 5-minute vote. Speaker pro tempore announced that Ribble Simpson Young (AK) The vote was taken by electronic de- Rigell Smith (NE) Young (IN) the noes appeared to have it. vice, and there were—yeas 251, nays Mr. WOODALL. Mr. Speaker, on that NAYS—179 170, not voting 11, as follows: I demand the yeas and nays. Ackerman Green, Gene Pastor (AZ) [Roll No. 152] The yeas and nays were ordered. Andrews Grijalva Payne YEAS—251 The SPEAKER pro tempore. Pursu- Baca Gutierrez Pelosi Adams Farenthold Baldwin Hanabusa Perlmutter Landry ant to clause 9 of rule XX, the Chair Aderholt Fincher Lankford Barrow Hastings (FL) Peters Akin Fitzpatrick Latham will reduce to 5 minutes the minimum Bass (CA) Heinrich Pingree (ME) Alexander Flake LaTourette time for any electronic vote on the Becerra Higgins Polis Altmire Fleischmann Latta Berkley Himes Price (NC) question of adoption of the resolution. Amash Fleming Lewis (CA) Berman Hinchey Quigley The vote was taken by electronic de- Bishop (GA) Hirono Austria Flores LoBiondo Rahall Bachmann Forbes Long vice, and there were—yeas 241, nays Bishop (NY) Holden Rangel Blumenauer Holt Bachus Fortenberry Lucas 179, not voting 12, as follows: Reyes Barletta Foxx Luetkemeyer Boswell Honda Richardson [Roll No. 151] Brady (PA) Hoyer Bartlett Franks (AZ) Lummis Richmond Barton (TX) Frelinghuysen Lungren, Daniel YEAS—241 Braley (IA) Inslee Ross (AR) Brown (FL) Israel Bass (NH) Gallegly E. Adams Davis (KY) Herrera Beutler Rothman (NJ) Benishek Gardner Mack Butterfield Jackson (IL) Roybal-Allard Aderholt Denham Huizenga (MI) Capps Jackson Lee Berg Garrett Manzullo Ruppersberger Akin Dent Hultgren Capuano (TX) Biggert Gerlach Marino Rush Alexander DesJarlais Hunter Carnahan Johnson (GA) Bilbray Gibbs Matheson Ryan (OH) Altmire Dold Hurt Carney Johnson, E. B. Bilirakis Gibson McCarthy (CA) Sa´ nchez, Linda Amash Dreier Issa Carson (IN) Kaptur Bishop (UT) Gingrey (GA) McCaul T. Austria Duffy Jenkins Chandler Keating Black Gohmert McClintock Sanchez, Loretta Bachmann Duncan (SC) Johnson (IL) Chu Kildee Blackburn Goodlatte McCotter Sarbanes Bachus Duncan (TN) Johnson (OH) Cicilline Kind Bono Mack Gosar McHenry Schakowsky Barletta Ellmers Johnson, Sam Clarke (MI) Kucinich Boren Gowdy McKeon Schiff Bartlett Emerson Jones Clarke (NY) Langevin Boustany Granger McKinley Schrader Barton (TX) Farenthold Jordan Clay Larsen (WA) Brady (TX) Graves (GA) McMorris Schwartz Bass (NH) Fincher Kelly Cleaver Larson (CT) Brooks Graves (MO) Rodgers Benishek Fitzpatrick King (IA) Clyburn Lee (CA) Scott (VA) Broun (GA) Griffin (AR) McNerney Berg Flake King (NY) Cohen Levin Scott, David Buchanan Griffith (VA) Meehan Biggert Fleischmann Kingston Connolly (VA) Lipinski Serrano Bucshon Grimm Mica Bilbray Fleming Kinzinger (IL) Conyers Loebsack Sewell Buerkle Guinta Michaud Bilirakis Flores Kissell Cooper Lofgren, Zoe Sherman Burgess Guthrie Miller (FL) Bishop (UT) Forbes Kline Costello Lowey Sires Burton (IN) Hall Miller (MI) Black Fortenberry Labrador Courtney Luja´ n Slaughter Calvert Harper Miller, Gary Blackburn Foxx Lamborn Critz Lynch Smith (WA) Camp Harris Mulvaney Bono Mack Franks (AZ) Lance Crowley Maloney Speier Campbell Hartzler Murphy (CT) Boren Frelinghuysen Landry Cuellar Markey Stark Canseco Hastings (WA) Murphy (PA) Boustany Gallegly Lankford Cummings Matheson Sutton Cantor Hayworth Myrick Brady (TX) Gardner Latham Davis (CA) Matsui Thompson (CA) Capito Heck Neugebauer Brooks Garrett LaTourette Davis (IL) McCarthy (NY) Thompson (MS) Cardoza Heller Noem Broun (GA) Gerlach Latta DeFazio McCollum Tierney Carter Hensarling Nugent Buchanan Gibbs Lewis (CA) DeLauro McDermott Tonko Cassidy Herger Nunes Bucshon Gibson LoBiondo Deutch McGovern Towns Chabot Herrera Beutler Nunnelee Buerkle Gingrey (GA) Long Dicks McIntyre Tsongas Chaffetz Himes Olson Burgess Gohmert Lucas Dingell McNerney Van Hollen Coble Huelskamp Palazzo Burton (IN) Goodlatte Luetkemeyer Doggett Meeks Vela´ zquez Coffman (CO) Huizenga (MI) Paul Calvert Gosar Lummis Donnelly (IN) Michaud Visclosky Cole Hultgren Paulsen Camp Gowdy Lungren, Daniel Doyle Miller (NC) Walz (MN) Conaway Hunter Pearce Campbell Granger E. Edwards Miller, George Wasserman Cooper Hurt Pence Canseco Graves (GA) Mack Ellison Moore Schultz Costa Issa Peters Cantor Graves (MO) Manzullo Engel Moran Waters Cravaack Jenkins Peterson Capito Griffin (AR) Marino Eshoo Murphy (CT) Watt Crawford Johnson (IL) Petri Cardoza Griffith (VA) McCarthy (CA) Farr Nadler Waxman Crenshaw Johnson (OH) Pitts Carter Grimm McCaul Filner Napolitano Weiner Culberson Johnson, Sam Platts Cassidy Guinta McClintock Frank (MA) Neal Welch Davis (KY) Jones Poe (TX) Chabot Guthrie McCotter Fudge Olver Wilson (FL) Denham Jordan Pompeo Chaffetz Hall McHenry Garamendi Owens Woolsey Dent Kelly Posey Coble Harper McKeon Gonzalez Pallone Wu DesJarlais King (IA) Price (GA) Coffman (CO) Harris McKinley Green, Al Pascrell Yarmuth Diaz-Balart King (NY) Quayle Cole Hartzler McMorris Dold Kingston Reed Conaway Hastings (WA) Rodgers NOT VOTING—12 Dreier Kinzinger (IL) Rehberg Costa Hayworth Meehan Duffy Kissell Reichert Cravaack Heck Mica Bonner Fattah Huelskamp Duncan (SC) Kline Renacci Crawford Heller Miller (FL) Castor (FL) Giffords Lewis (GA) Duncan (TN) Labrador Ribble Crenshaw Hensarling Miller (MI) DeGette Hanna Marchant Ellmers Lamborn Rigell Culberson Herger Miller, Gary Diaz-Balart Hinojosa Young (FL) Emerson Lance Rivera

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.049 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1415 Roby Scott (SC) Tipton the joint resolution (H.J. Res. 44) mak- the provisos under such heading in Public Roe (TN) Scott, Austin Turner ing further continuing appropriations Law 111–85 shall not apply to funds appro- Rogers (AL) Sensenbrenner Upton priated by this Act. Rogers (KY) Sessions for fiscal year 2011, and for other pur- Walberg ‘‘SEC. 176. Notwithstanding section 101, Rogers (MI) Shimkus Walden poses, and ask for its immediate con- Rohrabacher Shuler amounts are provided for ‘Department of En- Walsh (IL) sideration. ergy—Energy Programs—Electricity Deliv- Rokita Shuster Webster The Clerk read the title of the joint ery and Energy Reliability’ at a rate for op- Rooney Simpson West Ros-Lehtinen Smith (NE) resolution. Westmoreland erations of $158,910,000: Provided, That all of Roskam Smith (NJ) Whitfield The text of the joint resolution is as the provisos under such heading in Public Ross (AR) Smith (TX) Wilson (SC) follows: Law 111–85 shall not apply to funds appro- Ross (FL) Southerland priated by this Act. Royce Stearns Wittman H.J. RES. 44 Wolf ‘‘SEC. 177. Notwithstanding section 101, Runyan Stivers Resolved by the Senate and House of Rep- Ryan (WI) Stutzman Womack amounts are provided for ‘Department of En- Woodall resentatives of the United States of America in ergy—Energy Programs—Nuclear Energy’ at Scalise Sullivan Congress assembled, That the Continuing Ap- Schilling Terry Yoder a rate for operations of $784,140,000: Provided, Schmidt Thompson (PA) Young (AK) propriations Act, 2011 (Public Law 111–242) is That the proviso under such heading in Pub- Schock Thornberry Young (IN) further amended— lic Law 111–85 shall not apply to funds appro- Schweikert Tiberi (1) by striking the date specified in section priated by this Act. 106(3) and inserting ‘‘March 18, 2011’’; and NAYS—170 ‘‘SEC. 178. Notwithstanding section 101, (2) by adding after section 166, as added by Ackerman Green, Al Payne amounts are provided for ‘Department of En- the Continuing Appropriations Amendments, ergy—Energy Programs—Fossil Energy Re- Andrews Green, Gene Pelosi 2011 (section 1 of Public Law 111–322), the fol- Baca Grijalva search and Development’ at a rate for oper- Perlmutter lowing new sections: Baldwin Gutierrez Pingree (ME) ations of $635,530,000: Provided, That the sec- Barrow Hanabusa Polis ‘‘SEC. 167. The amounts described in para- ond proviso under such heading in Public Bass (CA) Hastings (FL) Price (NC) graphs (1) and (2) of section 114 of this Act Law 111–85 shall not apply to funds appro- Becerra Heinrich Quigley are designated as being for contingency oper- priated by this Act. Berkley Higgins Rahall ations directly related to the global war on ‘‘SEC. 179. Notwithstanding section 101, Berman Hinchey Rangel terrorism pursuant to section 3(c)(2) of H. amounts are provided for ‘Department of En- Bishop (GA) Hirono Reyes Res. 5 (112th Congress) and as an emergency Bishop (NY) Holden ergy—Energy Programs—Science’ at a rate Richardson requirement pursuant to section 403(a) of S. Blumenauer Holt Richmond for operations of $4,826,820,000: Provided, That Boswell Honda Con. Res. 13 (111th Congress), the concurrent all of the provisos under such heading in Rothman (NJ) resolution on the budget for fiscal year 2010. Brady (PA) Hoyer Roybal-Allard Public Law 111–85 shall not apply to funds Braley (IA) Inslee Ruppersberger ‘‘SEC. 168. Any language specifying an ear- appropriated by this Act. Brown (FL) Israel Rush mark in an appropriations Act for fiscal year ‘‘SEC. 180. The last proviso under the head- Butterfield Jackson (IL) Ryan (OH) 2010, or in a committee report or joint ex- Capps Jackson Lee ing ‘Department of Energy—Atomic Energy Sa´ nchez, Linda planatory statement accompanying such an Capuano (TX) Defense Activities—National Nuclear Secu- T. Act, shall have no legal effect with respect Carnahan Johnson (GA) rity Administration—Weapons Activities’ in Sanchez, Loretta Carney Johnson, E. B. to funds appropriated by this Act. For pur- Public Law 111–85 shall not apply to funds Sarbanes Carson (IN) Kaptur poses of this section, the term ‘earmark’ Schakowsky appropriated by this Act. Chandler Keating means a congressional earmark or congres- Schiff ‘‘SEC. 181. Notwithstanding section 101, Chu Kildee Schrader sionally directed spending item, as defined in amounts are provided for ‘Department of En- Cicilline Kind Schwartz clause 9(e) of rule XXI of the Rules of the ergy—Atomic Energy Defense Activities— Clarke (MI) Kucinich Scott (VA) House of Representatives and paragraph 5(a) National Nuclear Security Administration— Clarke (NY) Langevin of rule XLIV of the Standing Rules of the Clay Larsen (WA) Scott, David Defense Nuclear Nonproliferation’ at a rate Cleaver Larson (CT) Serrano Senate. for operations of $2,136,460,000: Provided, That Clyburn Lee (CA) Sewell ‘‘SEC. 169. The first and third paragraphs the proviso under such heading in Public Cohen Levin Sherman under the heading ‘Rural Development Pro- Sires Law 111–85 shall not apply to funds appro- Conyers Lipinski grams—Rural Utilities Service—Distance priated by this Act. Costello Loebsack Slaughter Learning, Telemedicine, and Broadband Pro- ‘‘SEC. 182. Notwithstanding section 101, Courtney Lofgren, Zoe Smith (WA) Speier gram’ in Public Law 111–80 shall not apply to amounts are provided for ‘Department of En- Critz Lowey funds appropriated by this Act. Crowley Luja´ n Stark ergy—Atomic Energy Defense Activities— Cuellar Lynch Sutton ‘‘SEC. 170. Notwithstanding section 101, National Nuclear Security Administration— Cummings Maloney Thompson (CA) amounts are provided for ‘Corps of Engi- Office of the Administrator’ at a rate for op- Davis (CA) Markey Thompson (MS) neers-Civil—Investigations’ at a rate for op- erations of $407,750,000: Provided, That the Davis (IL) Matsui Tierney erations of $104,000,000. last proviso under such heading in Public Tonko DeFazio McCarthy (NY) ‘‘SEC. 171. Notwithstanding section 101, Law 111–85 shall not apply to funds appro- DeLauro McCollum Towns amounts are provided for ‘Corps of Engi- Tsongas priated by this Act. Deutch McDermott neers-Civil—Construction’ at a rate for oper- Dicks McGovern Van Hollen ‘‘SEC. 183. Notwithstanding section 101, Dingell McIntyre Vela´ zquez ations of $1,690,000,000: Provided, That all of amounts are provided for ‘Department of En- Doggett Meeks Visclosky the provisos under such heading in Public ergy—Environmental and Other Defense Ac- Donnelly (IN) Miller (NC) Walz (MN) Law 111–85 shall not apply to funds appro- tivities—Defense Environmental Cleanup’ at Doyle Miller, George Wasserman priated by this Act. a rate for operations of $5,209,031,000, of Edwards Moore Schultz ‘‘SEC. 172. Notwithstanding section 101, which $33,700,000 shall be transferred to the Waters Ellison Moran amounts are provided for ‘Corps of Engi- ‘Uranium Enrichment Decontamination and Engel Nadler Watt neers-Civil—Mississippi River and Tribu- Eshoo Napolitano Waxman Decommissioning Fund’: Provided, That the Farr Neal Weiner taries’ at a rate for operations of $260,000,000: proviso under such heading in Public Law Filner Olver Welch Provided, That the proviso under such head- 111–85 shall not apply to funds appropriated Frank (MA) Owens Wilson (FL) ing in Public Law 111–85 shall not apply to by this Act. Fudge Pallone Woolsey funds appropriated by this Act. ‘‘SEC. 184. Notwithstanding section 101, Garamendi Pascrell Wu ‘‘SEC. 173. Notwithstanding section 101, amounts are provided for ‘Department of En- Gonzalez Pastor (AZ) Yarmuth amounts are provided for ‘Corps of Engi- ergy—Environmental and Other Defense Ac- NOT VOTING—11 neers-Civil—Operation and Maintenance’ at tivities—Other Defense Activities’ at a rate a rate for operations of $2,361,000,000. Bonner Fattah Lewis (GA) for operations of $844,470,000: Provided, That ‘‘SEC. 174. Notwithstanding section 101, Castor (FL) Giffords Marchant the proviso under such heading in Public Connolly (VA) Hanna Young (FL) amounts are provided for ‘Department of the Law 111–85 shall not apply to funds appro- DeGette Hinojosa Interior—Bureau of Reclamation—Water and priated by this Act. Related Resources’ at a rate for operations ‘‘SEC. 185. Notwithstanding section 101, b 1405 of $913,580,000: Provided, That the fifth pro- amounts are provided for ‘Independent Agen- Ms. WATERS changed her vote from viso (regarding the San Gabriel Basin Res- cies—Election Assistance Commission—Elec- ‘‘yea’’ to ‘‘nay.’’ toration Fund) and seventh proviso (regard- tion Reform Programs’ at a rate for oper- So the resolution was agreed to. ing the Milk River Project) under such head- ations of $0. The result of the vote was announced ing in Public Law 111–85 shall not apply to ‘‘SEC. 186. Notwithstanding section 101, funds appropriated by this Act. as above recorded. amounts are provided for ‘Department of ‘‘SEC. 175. Notwithstanding section 101, Homeland Security—Office of the Under Sec- A motion to reconsider was laid on amounts are provided for ‘Department of En- retary for Management’ at a rate for oper- the table. ergy—Energy Programs—Energy Efficiency ations of $253,190,000. Mr. ROGERS of Kentucky. Madam and Renewable Energy’ at a rate for oper- ‘‘SEC. 187. Notwithstanding section 101, Speaker, pursuant to the rule, I call up ations of $1,950,370,000: Provided, That all of amounts are provided for ‘Department of

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Homeland Security—U.S. Customs and Bor- ‘‘SEC. 198. Sections 541 and 545 of Public cluded in the first proviso under such head- der Protection—Salaries and Expenses’ at a Law 111–83 (123 Stat. 2176) shall have no force ing in division D of Public Law 111–117 shall rate for operations of $8,063,913,000. or effect. be applied to funds appropriated by this Act ‘‘SEC. 188. Notwithstanding section 101, ‘‘SEC. 199. Notwithstanding section 101, by substituting ‘$0’ for ‘$1,000,000’. amounts are provided for ‘Department of amounts are provided for ‘Smithsonian Insti- ‘‘SEC. 208. Notwithstanding section 101, Homeland Security—U.S. Customs and Bor- tution—Legacy Fund’ at a rate for oper- amounts are provided for ‘Department of der Protection—Construction and Facilities ations of $0. Health and Human Services—Administration Management’ at a rate for operations of ‘‘SEC. 200. Notwithstanding section 101, for Children and Families—Children and $276,370,000. amounts are provided for ‘Department of Families Services Programs’ at a rate for op- ‘‘SEC. 189. Notwithstanding section 101, Labor—Employment and Training Adminis- erations of $9,293,747,000: Provided, That the amounts are provided for ‘Department of tration—Training and Employment Services’ fifteenth proviso under such heading in divi- Homeland Security—Transportation Secu- at a rate for operations of $3,779,641,000, of sion D of Public Law 111–117 shall not apply rity Administration—Aviation Security’ at a which $340,154,000 shall be for national activi- to funds appropriated by this Act. rate for operations of $5,212,790,000: Provided, ties described in paragraph (3) under such ‘‘SEC. 209. Notwithstanding section 101, That the amounts included under such head- heading in division D of Public Law 111–117: amounts are provided for ‘Department of ing in Public Law 111–83 shall be applied to Provided, That the amounts included for na- Health and Human Services—Administration funds appropriated by this Act as follows: by tional activities under such heading in divi- on Aging, Aging Services Programs’ at a rate substituting ‘$5,212,790,000’ for ‘$5,214,040,000’; sion D of Public Law 111–117 shall be applied for operations of $1,510,323,000: Provided, That by substituting ‘$4,356,826,000’ for to funds appropriated by this Act as follows: the first proviso under such heading in divi- ‘$4,358,076,000’; by substituting ‘$1,115,156,000’ by substituting ‘$44,561,000’ for ‘$93,450,000’ sion D of Public Law 111–117 shall not apply for ‘$1,116,406,000’; by substituting $777,050,000 and by substituting ‘$0’ for ‘$48,889,000’. to funds appropriated by this Act. for $778,300,000; and by substituting ‘‘SEC. 201. Notwithstanding section 101, ‘‘SEC. 210. Notwithstanding section 101, ‘$3,112,790,000’ for ‘$3,114,040,000’. amounts are provided for ‘Department of amounts are provided for ‘Department of ‘‘SEC. 190. Notwithstanding section 101, Labor—Mine Safety and Health Administra- Health and Human Services—Office of the amounts are provided for ‘Department of tion—Salaries and Expenses’ at a rate for op- Secretary—General Departmental Manage- Homeland Security—Coast Guard—Operating erations of $355,843,000: Provided, That the ment’ at a rate for operations of $491,727,000: Expenses’ at a rate for operations of amounts included under such heading in di- Provided, That the seventh proviso under $6,801,791,000: Provided, That section 157 of vision D of Public Law 111–117 shall be ap- such heading in division D of Public Law 111– this Act shall be applied by substituting plied to funds appropriated by this Act by 117 shall not apply to funds appropriated by ‘$17,880,000’ for ‘$21,880,000’, and without re- substituting ‘$0’ for ‘$1,450,000’. this Act. ‘‘SEC. 211. Notwithstanding section 101, gard to ‘and ‘‘Coast Guard, Alteration of ‘‘SEC. 202. Notwithstanding section 101, amounts are provided for ‘Department of Bridges’’ ’. amounts are provided for ‘Department of Education—Education for the Disadvan- ‘‘SEC. 191. Notwithstanding section 101, Labor—Departmental Management’ at a rate taged’ at a rate for operations of amounts are provided for ‘Department of for operations of $314,827,000: Provided, That $15,598,212,000, of which $4,638,056,000 shall be- Homeland Security—Coast Guard—Acquisi- the amounts included under such heading in come available on July 1, 2011, and remain tion, Construction, and Improvements’ at a division D of Public Law 111–117 shall be ap- available through September 30, 2012: Pro- rate for operations of $1,519,980,000. plied to funds appropriated by this Act by vided, That the tenth, eleventh and twelfth ‘‘SEC. 192. Notwithstanding section 101, substituting ‘$0’ for ‘$40,000,000’. provisos under such heading in division D of amounts are provided for ‘Department of ‘‘SEC. 203. Notwithstanding section 101, Public Law 111–117 shall not apply to funds Homeland Security—Coast Guard—Alter- amounts are provided for ‘Department of appropriated by this Act. ation of Bridges’ at a rate for operations of Health and Human Services—Health Re- ‘‘SEC. 212. Notwithstanding section 101, sources and Services Administration—Health $0. amounts are provided for ‘Department of ‘‘SEC. 193. Notwithstanding section 101, Resources and Services’ at a rate for oper- Education—School Improvement Programs’ amounts are provided for ‘Department of ations of $7,076,520,000: Provided, That the at a rate for operations of $5,223,444,000, of Homeland Security—National Protection eighteenth, nineteenth, and twenty-second which $3,358,993,000 shall become available on and Programs Directorate—Infrastructure provisos under such heading in division D of July 1, 2011, and remain available through Protection and Information Security’ at a Public Law 111–117 shall not apply to funds September 30, 2012: Provided, That of such rate for operations of $879,816,000. appropriated by this Act. amounts, no funds shall be available for ac- ‘‘SEC. 194. Notwithstanding section 101, ‘‘SEC. 204. Notwithstanding section 101, tivities authorized under part Z of title VIII amounts are provided for ‘Department of amounts are provided for ‘Department of of the Higher Education Act of 1965: Provided Homeland Security—Office of Health Affairs’ Health and Human Services—Centers for Dis- further, That the second, third, and thir- at a rate for operations of $134,250,000. ease Control and Prevention—Disease Con- teenth provisos under such heading in divi- ‘‘SEC. 195. Notwithstanding section 101, trol, Research, and Training’ at a rate for sion D of Public Law 111–117 shall not apply amounts are provided for ‘Department of operations of $6,369,767,000: Provided, That to funds appropriated by this Act. Homeland Security—Federal Emergency the amount included before the first proviso ‘‘SEC. 213. Notwithstanding section 101, Management Agency—State and Local Pro- under such heading in division D of Public amounts are provided for ‘Department of grams’ at a rate for operations of Law 111–117 shall be applied to funds appro- Education—Innovation and Improvement’ at $2,912,558,000: Provided, That the amounts in- priated by this Act by substituting ‘$0’ for a rate for operations of $1,160,480,000, of cluded under such heading in Public Law 111– ‘$20,620,000’. which no funds shall be available for activi- 83 shall be applied to funds appropriated by ‘‘SEC. 205. Notwithstanding section 101, ties authorized under subpart 5 of part A of this Act as follows: in paragraph (12), by sub- amounts are provided for ‘Department of title II, section 1504 of the Elementary and stituting ‘$12,554,000’ for ‘$60,000,000’ and by Health and Human Services—Substance Secondary Education Act of 1965 (‘ESEA’), or substituting ‘$0’ for each subsequent amount Abuse and Mental Health Services Adminis- part F of title VIII of the Higher Education in such paragraph; in paragraph (13), by sub- tration—Substance Abuse and Mental Health Act of 1965, and $499,222,000 shall be for part stituting ‘$212,500,000’ for ‘$267,200,000’; in Services’ at a rate for operations of D of title V of the ESEA: Provided, That the paragraph (13)(A), by substituting $3,417,106,000: Provided, That the amount in- first, fourth, and fifth provisos under such ‘$114,000,000’ for ‘$164,500,000’; in paragraph cluded before the first proviso under such heading in division D of Public Law 111–117 (13)(B), by substituting ‘$0’ for ‘$1,700,000’; heading in division D of Public Law 111–117 shall not apply to funds appropriated by this and in paragraph (13)(C), by substituting ‘$0’ shall be applied to funds appropriated by this Act. for ‘$3,000,000’: Provided further, That 4.5 per- Act by substituting ‘$0’ for ‘$14,518,000’. ‘‘SEC. 214. Notwithstanding section 101, cent of the amount provided for ‘Federal ‘‘SEC. 206. Notwithstanding section 101, amounts are provided for ‘Department of Emergency Management Agency—State and amounts are transferred from the Federal Education—Safe Schools and Citizenship Local Programs’ by this Act shall be trans- Hospital Insurance Trust Fund and the Fed- Education’ at a rate for operations of ferred to ‘Federal Emergency Management eral Supplementary Medical Insurance Trust $361,398,000, of which, notwithstanding sec- Agency—Management and Administration’ Fund for ‘Department of Health and Human tion 2343(b) of the ESEA, $2,578,000 is for the for program administration. Services—Centers for Medicare and Medicaid continuation costs of awards made on a com- ‘‘SEC. 196. Notwithstanding section 101, Services—Program Management’ at a rate petitive basis under section 2345 of the amounts are provided for ‘Department of for operations of $3,467,142,000: Provided, That ESEA: Provided, That the third proviso under Homeland Security—Federal Emergency the sixth proviso under such heading in divi- such heading in division D of Public Law 111– Management Agency—National Predisaster sion D of Public Law 111–117 shall not apply 117 shall not apply to funds appropriated by Mitigation Fund’ at a rate for operations of to funds appropriated by this Act. this Act. $75,364,000. ‘‘SEC. 207. Notwithstanding section 101, ‘‘SEC. 215. Notwithstanding section 101, ‘‘SEC. 197. Notwithstanding section 101, amounts are provided for ‘Department of amounts are provided for ‘Department of amounts are provided for ‘Department of Health and Human Services—Administration Education—Special Education’ at a rate for Homeland Security—Science and Tech- for Children and Families—Payments to operations of $12,564,953,000, of which nology—Research, Development, Acquisi- States for the Child Care and Development $3,726,354,000 shall become available on July tion, and Operations’ at a rate for operations Block Grant’ at a rate for operations of 1, 2011, and remain available through Sep- of $821,906,000. $2,126,081,000: Provided, That the amount in- tember 30, 2012: Provided, That the first and

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.006 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1417 second provisos under such heading in divi- nity Planning and Development—Commu- In addition, the bill also eliminates sion D of Public Law 111–117 shall not apply nity Development Fund’ at a rate for oper- more than $2.7 billion in funding pre- to funds appropriated by this Act. ations of $4,255,068,480, of which $0 shall be viously reserved for earmarks, elimi- ‘‘SEC. 216. Notwithstanding section 101, for grants for the Economic Development nations that the House, the Senate, amounts are provided for ‘Department of Initiative (EDI), and $0 shall be for neighbor- Education—Rehabilitation Services and Dis- hood initiatives: Provided, That the second and the White House have all called for ability Research’ at a rate for operations of and third paragraphs under such heading in this year. The earmark funding cuts in $3,501,766,000: Provided, That the second pro- title II of division A of Public Law 111–117 this legislation come from Energy and viso under such heading in division D of Pub- shall not apply to funds appropriated by this Water; Homeland Security; Labor, lic Law 111–117 shall not apply to funds ap- Act.’’. Health and Human Services; legislative propriated by this Act. This joint resolution may be cited as the branch; and Transportation, Housing ‘‘SEC. 217. Notwithstanding section 101, ‘‘Further Continuing Appropriations Amend- and Urban Development program ac- ments, 2011’’. amounts are provided for ‘Department of counts. Education—Career, Technical, and Adult The SPEAKER pro tempore (Mrs. This legislation will represent the Education’ at a rate for operations of MILLER of Michigan). Pursuant to second of many appropriations bills $1,928,447,000, of which $1,137,447,000 shall be- House Resolution 115, the gentleman come available on July 1, 2011, and remain this year that will significantly reduce available through September 30, 2012 and no from Kentucky (Mr. ROGERS) and the spending, continuing a pattern of cuts funds shall be available for activities author- gentleman from Washington (Mr. that will help put our Nation’s budget ized under subpart 4 of part D of title V of DICKS) each will control 30 minutes. back in balance and stop the dangerous the ESEA: Provided, That the seventh and The Chair recognizes the gentleman spiral of unsustainable deficits and eighth provisos under such heading in divi- from Kentucky. debt. sion D of Public Law 111–117 shall not apply Mr. ROGERS of Kentucky. Madam It is my hope that this CR can be to funds appropriated by this Act. Speaker, I yield myself such time as I passed quickly and that the President ‘‘SEC. 218. Notwithstanding sections 101 may consume. and 164, amounts are provided for ‘Depart- will sign it before the March 4 deadline. I rise today in support of H.J. Res. 44, This legislation should garner broad ment of Education—Student Financial As- the fiscal year 2011 Further Continuing sistance’ at a rate for operations of support today, given the short time- $24,899,957,000, of which $23,162,000,000 shall be Appropriations resolution. frame for action and given the fact This temporary CR is an extra spe- available to carry out subpart 1 of part A of that these spending cuts have received title IV of the Higher Education Act of 1965 cial effort by the majority Republicans previous bipartisan support by Mem- and no funds shall be available for activities to avoid a government shutdown that bers of the House and Senate as well as authorized under subpart 4 of part A of title could otherwise occur on March 4, the White House. IV of such Act: Provided, That the maximum when the current funding resolution Madam Speaker, we’re now 5 months Pell Grant for which a student shall be eligi- expires. This temporary CR contains ble during award year 2011–2012 shall be into the current fiscal year and it’s funding to allow all government agen- critically important that we complete $4,860. cies and programs to continue at the ‘‘SEC. 219. Notwithstanding section 101, this budget process so that we can turn amounts are provided for ‘Department of current rate of spending for the next 2 our attention quickly to passing fund- Education—Higher Education’ at a rate for weeks until March 18, 2011, while reduc- ing bills for fiscal year 2012. It is high operations of $2,126,935,000, of which no funds ing spending by $4 billion through sev- time we start looking forward instead shall be available for activities authorized eral spending cuts and program termi- of constantly looking back to clean up under section 1543 of the Higher Education nations. These cuts reflect this Repub- past mistakes and inaction. We must Amendments of 1992 or section 117 of the Carl lican majority’s continued commit- move forward quickly in regular order, D. Perkins Career and Technical Education ment to significantly reduce spending, Act of 2006: Provided, That the thirteenth passing bills on time in an open and proviso under such heading in division D of to rein in the Nation’s exploding defi- transparent fashion to avoid these Public Law 111–117 shall not apply to funds cits and debt, and to help our economy budget uncertainties in the future. appropriated by this Act. continue on the road to recovery. Madam Speaker, this is one more ‘‘SEC. 220. Notwithstanding section 101, Madam Speaker, a government shut- step that we have to take to get our amounts are provided for ‘Institute of Mu- down would halt critical and necessary fiscal house in order. While this isn’t a seum and Library Services—Office of Mu- services and programs that Americans perfect or an easy process, it is essen- seum and Library Services: Grants and Ad- across the country rely on, and it is tial that we pass this bill, avoid a gov- ministration’ at a rate for operations of not what our constituents expect or de- ernment shutdown, and continue to $265,869,000: Provided, That the amounts in- mand. cluded under such heading in division D of work on a long-term solution to com- Public Law 111–117 shall be applied to funds b 1410 plete this long overdue funding process. Our constituents expect and deserve no appropriated by this Act by substituting ‘$0’ I would have greatly preferred that for ‘$16,382,000’. less. the Senate act on the hard-fought and ‘‘SEC. 221. Notwithstanding section 101, I reserve the balance of my time. amounts are provided for ‘Library of Con- thoughtfully crafted funding legisla- Mr. DICKS. Madam Speaker, I yield gress—Salaries and Expenses’ at a rate for tion that the House passed almost 2 myself such time as I may consume. operations of $445,951,000, of which $0 shall be weeks ago which saves the taxpayers (Mr. DICKS asked and was given per- for the operations described in the seventh $100 billion compared to the President’s mission to revise and extend his re- proviso under this heading in Public Law request, but it’s clear that the Senate marks.) 111–68. needs more time. So this short-term Mr. DICKS. Madam Speaker, today ‘‘SEC. 222. Notwithstanding section 101, amounts are provided for ‘Department of CR will provide an additional 2 weeks we will consider a short-term con- Transportation—Federal Highway Adminis- by cutting spending to show our con- tinuing resolution that will allow the tration—Surface Transportation Priorities’ tinued resolve to get our Nation’s fis- essential functions of our government at a rate for operations of $0. cal house in order. to continue beyond March 4, the date ‘‘SEC. 223. Notwithstanding section 101, no The bill before us terminates eight on which the current continuing reso- funds are provided for activities described in programs for a savings of about $1.24 lution will expire. section 122 of title I of division A of Public billion. These eight programs were all With no final agreement on the Law 111–117. targeted for elimination in the Presi- spending levels for the current fiscal ‘‘SEC. 224. Notwithstanding section 101, sec- tion 186 of title I of division A of Public Law dent’s budget request and have also year, this measure is necessary in 111–117 shall not apply to funds appropriated been part of proposed cuts in the past order to avoid a government shutdown, by this Act. in the House and the Senate by Mem- something I believe we should all want ‘‘SEC. 225. Notwithstanding section 101, bers of both parties. These eight pro- to do. I think that 2 weeks is not amounts are provided for ‘Department of grams include: Election Assistance enough time to reach an agreement on Transportation—Federal Railroad Adminis- Grants, the Broadband Direct Loan H.R. 1 with the other body, and I’m tration—Rail Line Relocation and Improve- Subsidy, the Smithsonian Institution afraid we’re going to be back here ment Program’ at a rate for operations of $10,012,800. Legacy Fund, the Striving Readers pro- doing this again. ‘‘SEC. 226. Notwithstanding section 101, gram, the LEAP program, Even Start, Now, when the House approved H.R. 1 amounts are provided for ‘Department of Smaller Learning Communities, and a earlier this month, despite the over- Housing and Urban Development—Commu- one-time highway funding addition. whelming opposition of the Democratic

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.006 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1418 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Caucus, it was clear to me that gaining I take the chairman at his word that ward to avoid a potential government agreement on a compromised version neither he nor his leadership is inter- shutdown. of a full-year continuing resolution ested in shutting down the operation of Madam Speaker, the American peo- would be very difficult, at least before the Federal Government by declaring a ple have made two things perfectly the expiration of the current CR. We stalemate in these appropriations de- clear: First, they want their govern- opposed H.R. 1 because we believe it liberations. I will concede that it is dis- ment to stay up and running; and, sec- would have the effect of slamming on concerting to me and others on our ondly, they want us to cut spending. the fiscal brakes too abruptly, result- side to read the Speaker’s comments We need to do both. ing in higher unemployment and this week that would seem to imply Like many of us, I would have great- threatening our Nation’s economic re- that there is a strategy of passing ly preferred that the Senate act on covery. shorter term appropriation bills, with H.R. 1, the 7-month continuing resolu- There is no dispute that cutting Fed- further and further and further cuts 2 tion that we debated for over 90 hours eral spending too deeply and too quick- weeks at a time. that included, indeed, the largest ly before the economy has fully recov- spending reductions in the history of b 1420 ered risks slowing growth and losing any Congress. jobs. Moody’s estimates that H.R. 1 We were concerned by his statement Ten days ago, this committee and would reduce real growth in 2011 by 0.5 that seemed to indicate a plan for a this House took the President’s budget percent, meaning 400,000 fewer jobs in piecemeal approach to future spending and cut it by over $100 billion, termi- 2011 and 700,000 fewer jobs by the end of cuts. He said, ‘‘If they won’t eat the nating dozens of government programs 2012. The Economic Policy Institute whole loaf at one time, we’ll make in the process. And in a city where projected job losses near 800,000. Gold- them eat it one slice at a time.’’ President Reagan once said ‘‘A govern- man Sachs predicts that H.R. 1 would I believe we need to set aside these ment bureau is the nearest thing to slow economic growth by about 1.5 to 2 political machinations and get serious eternal life we’ll ever see on this percentage points, which translates about finishing up work on the fiscal Earth,’’ that’s quite an accomplish- into the American economy losing up year 2011 budget. I will be the first to ment. to 2.4 million jobs. admit that it is because the Democrats Madam Speaker, the resolution we So the recovery of our economy and didn’t pass our bills last year that have before us today is a simple stop- the reduction of unemployment should we’re here working on this. So we have gap measure to provide more time for be our paramount concern at this time. responsibility, too, and that’s one of negotiations to develop a funding bill I said during the debate on H.R. 1 the reasons why we were so eager to for the rest of the current fiscal year. earlier this month, and I will repeat engage Chairman ROGERS in trying to It’s temporary and it must pass to keep today, that I believe the approach to get this open rule, to work through the the government open beyond Friday. deficit reduction that has been adopted amendments, get a unanimous consent This bill contains $4 billion in sav- by the Republican majority here in the agreement—to help move this process ings including just under a billion from House is far too narrow and too focused forward because I personally feel we programs under the jurisdiction of my on the smallest segment of spending in have some responsibility here. committee, Energy and Water Develop- the budget. It is a risky strategy based And I think it is obvious that we are ment. These savings are found purely on the specious concept of cut and going to need more than the 2 weeks to from eliminating earmarks inserted by grow, which of course has no basis in get from here to there. Congress in the fiscal year 2010 bill. sound economic theory. Now, I appreciate the desire of the As with other spending reductions in So where does this leave us? We are gentleman from Kentucky to encour- this temporary bill, the committee has now 6 months into the current fiscal age the Members of his caucus to enter taken great pains to include only sav- year, FY11, and hearings with regard to into serious negotiations with the ings that both parties and both Cham- the fiscal year 2012 budget have begun other body with the hope of completing bers support. Both the House and Sen- in both the Budget Committee and the work by March 18. ate have sworn off earmarks for fiscal Appropriations Committee. But in a conference—I’ve been in con- year 2011, so these reductions should H.R. 1 is clearly not acceptable to the ferences for 34 years as a Member and not be controversial. other body, nor would it be acceptable 8 years before that as a staffer—nobody My colleagues, we must move this to the President, whose signature is gets everything they want. It’s a proc- resolution. We need it to provide time necessary before any funding bill can ess of compromise. You work out the to continue negotiations to complete become law. What the President has al- differences between the two positions. the important work that should have ready proposed for the coming year—a So I’m proud of the fact that we start been done by the last Congress—which budget freeze at last year’s level—re- with a cut of $41 billion that was en- passed no appropriations bills. mains, in my judgment, the best and acted by the Democratic Congress in Madam Speaker, I repeat: The Amer- most effective way to reduce the def- December during a very successful ican people have made it clear. They icit and to support recovery in major lame duck session. want their government to stay open for sectors of our economy. In fact, we I reserve the balance of my time. business. They also want us to cut have already adopted a freeze at FY10 Mr. ROGERS of Kentucky. I yield spending. Let’s do it. Let’s move ahead. levels in the continuing resolution that myself 30 seconds. This resolution needs to be passed. we are currently operating under. The gentleman, who is my friend, Mr. DICKS. Madam Speaker, I yield 5 Democrats approved the CR in De- mentioned the economists and their minutes to the gentlewoman from Con- cember with only one Republican vote, opinion of H.R. 1, the budget-cutting necticut (Ms. DELAURO), who is also which represents a reduction of $41 bil- bill we passed a couple of weeks ago. the ranking Democratic member on lion from the levels sought by the The best source that I think of, right Health and Human Services. President in his FY 2011 budget re- off, is Ben Bernanke, Chairman of the Ms. DELAURO. I thank the gen- quest. This is a significant reduction in Federal Reserve, who has said H.R. 1 tleman. the deficit, and a significant part of would have no negligible harmful im- Madam Speaker, I rise in opposition that came from defense. I want to re- pact on the economy. And if the Chair- to this 14-day continuing resolution. peat this. The $41 billion cut from the man of the Federal Reserve says that, The House majority is threatening to Obama FY11 budget was passed in a CR I tend to believe him. close down the government. This is by the Democratic House and Demo- Now I yield 3 minutes to the chair- brinkmanship. Their desire to engage cratic Senate and signed into law by man of the Energy and Water Sub- in brinkmanship damages our economy the Democratic President with only committee on our committee, the gen- and creates uncertainty for businesses one Republican vote. tleman from New Jersey (Mr. FRELING- and families. We are now on the verge of an expir- HUYSEN). Make no mistake, the proposed budg- ing CR, and we are considering another Mr. FRELINGHUYSEN. I rise in sup- et cuts will cost jobs, 700,000 jobs by version that extends the time to re- port of this continuing resolution. It’s the end of 2012, according to economist solve the differences by only 2 weeks. a reasonable and a thoughtful path for- Mark Zandi, who, in fact, was the chief

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.057 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1419 economist for Senator JOHN MCCAIN in Americans want us to craft a budget who told us the stimulus bill would his Presidential bid. for the remainder of the year that cre- work, the stimulus bill would keep us Let me be clear. I am very supportive ates jobs, reduces the deficit, and from going to 8 percent unemployment. of the removal of earmarks in this res- strengthens the economy. We reached 10 percent. I don’t think we olution. They should be cut. We under- need to listen to any more of his ad- b 1430 stand the need for deficit reduction. vice. The question is where do we start? Do we start with slashing special in- The SPEAKER pro tempore. The Our first priority should be to go terests and waste like the $40 billion time of the gentleman has expired. after waste and special interest spend- that we are providing in subsidies to Mr. ROGERS of Kentucky. I yield the ing: $40 billion to the oil industry the oil companies? And last time any gentleman an additional 30 seconds. which we are providing today, $40 bil- of us looked, they were doing pretty Mr. KINGSTON. I thank the chair- lion. What about the almost $8 billion well. They don’t need any subsidies. Or man. to multinational corporations who do we start by cutting the things that I just want to say that I don’t think that Mr. Zandi has any more credi- take their jobs overseas? And, yes, help the middle class, which help our bility. We have already spent $800 bil- what about the $8 billion in agricul- businesses, and working families with lion on his advice that the stimulus tural subsidies? children and with seniors? program would work, and it did not It is too bad that cutting these spe- This resolution increases unemploy- ment. It will hurt our economic recov- work. cial interest subsidies is not the pri- Mr. ROGERS of Kentucky. Will the ority of the majority’s resolution. In- ery. And I urge my colleagues to op- pose this reckless resolution. gentleman yield? stead, this budget makes deep and Mr. KINGSTON. I yield to the gen- Mr. ROGERS of Kentucky. I yield 2 reckless cuts in the areas that most tleman from Kentucky. impact middle class and working fami- minutes to the chairman of the Agri- Mr. ROGERS of Kentucky. Is the lies. culture Subcommittee on Appropria- gentleman aware that Ben Bernanke, Of the $4 billion in immediate cuts tions, the gentleman from Georgia (Mr. the Chairman of the Federal Reserve, put forward by this 14-day resolution, KINGSTON). now says that H.R. 1 would have no $1.4 billion comes out of Education, Mr. KINGSTON. I thank the chair- harmful effect on the economy? Health and Human Services, and out of man for the time. Mr. KINGSTON. I have heard that. training programs. And, yes, almost a Madam Speaker, I want to make And I understand there is something billion dollars, a quarter of the cuts, three very important points right off like 150 other economists who have comes out of education. Education the bat: signed a letter to that effect that was should be one of the last places we look Number one, our debt is almost at 95 led by John Taylor, who is an econo- to cut the budget, not the first. percent of the GDP. It’s the highest mist as well. Yes, these cuts could be achieved by debt we have ever had in history. Last Mr. ROGERS of Kentucky. And that eliminating four programs proposed for year alone the deficit was $1.5 trillion. cutting spending and reducing the def- termination by the President, as well We are borrowing 40 cents for every $1 icit will give confidence to the business as eliminating funding associated with that we spend. Now, if you and I were community to hire people and put peo- earmarks last year. But these are not doing that in our households or our ple to work. the President’s proposals. While he business was doing it or anybody else, Mr. KINGSTON. I thank the chair- would cut some education programs, he you would say, okay, we’ve got to man. would then reinvest those savings in change our spending habits. But some- Mr. DICKS. I yield 3 minutes to the other education programs considered how there are those in Congress who gentlelady from Texas (Ms. JACKSON more effective. This resolution just think that we can continue to defy the LEE), one of our distinguished Mem- wipes out the funding. laws of gravity. We have got to get our bers. This resolution severely cuts efforts house in order. Ms. JACKSON LEE of Texas. Let me to reduce illiteracy, which is a serious Number two, why are we here? We thank the ranking member of the Ap- national problem for economic, as well are here because the Democrats last propriations Committee and let me as human, reasons. The largest pro- year did not pass a budget, did not pass thank the chairperson. I sometimes gram targeted, Striving Readers, rep- appropriation bills, and did not com- have a slip of tongue, Mr. DICKS, and resents a consolidation and reorganiza- plete their work on fiscal year 2011. call you ‘‘chairman,’’ but I thank you tion of literacy programs that was just That’s what we’re doing. We are trying very much for this opportunity. I want to just try to give a proce- launched in 2010. Why would the Re- to clean up the mess that was left to dural class here today. The procedural publican majority think it is respon- us. And in doing that, we are mindful class is that this document is a sible to strip away funding to improve of our financial situation and trying to placeholder. I would hesitate to call it literacy in this country before it even reduce some of the spending. Number three, let me say this. This a fake document, but that is what it is. has a chance to work? As I left my constituency, the last bill was passed with an open rule. In- I’m particularly concerned and dis- words I heard were, ‘‘Don’t you all shut deed, I believe we had 127 votes on dif- appointed by the elimination of Even down the government.’’ And I am glad Start. Even Start is about breaking the ferent amendments. Democrats and Re- that Mr. DICKS worked hard to submit cycle of poverty and illiteracy by im- publicans offered a myriad of amend- his amendment in the Rules Com- proving educational opportunities for ments. Now, for those who are com- mittee. It’s unfortunate that the wise families. I do not agree with the Presi- plaining on the floor today that they men and women didn’t have a major- dent’s assessment that it should be ter- don’t like these cuts, why didn’t they ity. The Republicans would not yield to offer their amendments on the floor a minated, and I do not support its elimi- a thoughtful amendment by Mr. DICKS. nation in this resolution. This is an ef- couple of weeks ago? That would have But this is a 2-week document. We fective and a critical program that been the way to do this. Now, the know how old, and what—many of us should be allowed to continue. chairman and the Speaker have com- have seen a 2-week-old baby. That’s I’m not the only one concerned by mitted to have open rules throughout what this is: a 2-week document so we the consequences of this reckless budg- this process this year, and so there will can do the right thing. et. Three hundred leading economists be a lot of opportunities to go after It needs to be very clear that before have signed a letter to the President some of these programs. And some of we left in the 110th Congress, Demo- noting how these spending cuts will di- the ones that are mentioned, I think I crats had already cut $41 billion. Now, minish our economic competitiveness. will support those cuts. But I just want many say we didn’t have a budget. We Goldman Sachs reported to its inves- to emphasize that everyone has had a had a budget, but we had no com- tors that the Republican budget will bite of this apple. promise, no reconciliation, no fairness, slash economic growth by 2 percent of Finally, let me just say this, Madam no concern about the American people. our economic growth. That would send Speaker. The Zandi report comes from Now we have spent 3 months, March the unemployment numbers back over an economist, a political economist we 1, doing nothing, and not one bill cre- 10 percent. might say, who was the same person ates a job. Goldman Sachs, I know that

VerDate Mar 15 2010 02:26 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.059 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1420 CONGRESSIONAL RECORD — HOUSE March 1, 2011 there is a critique on Goldman Sachs, agreement on those spending cuts that So, this can be done, but we have to but you can’t discount the inde- was contained in H.R. 1. have everything on the table. Again, I pendent, objective assessment of them The homeland security sections of worry about the 2 week Continuing saying that in the CR that was passed the CR before us today strikes the Resolution. I think that’s a bit ambi- a week ago 700,000 to 800,000 jobs would right balance between funding priority tious. be lost. programs that are essential to our Na- Again, I want to point out to my col- Mark Zandi was the economist and tion’s security and, at the same time, leagues that it was the Democratic adviser to JOHN MCCAIN. I am not sure keeping our discretionary spending in House and Senate and President who what politics he has, but he is not in a check. This CR cuts over $264 million passed the bill, the CR that cut $41 bil- political office today. And he provides in earmarks from the Department of lion from Obama’s FY 2011 request, $41 us with an independent assessment Homeland Security’s budget, while at billion. that the CR that we voted on, which the same time sustaining the current So I want to make sure you all don’t the Senate would not agree to, would staffing levels of our frontline oper- forget that. I am going to try to con- cost us 800,000 jobs. This document will ating agencies like Border Patrol, CBP, tinue to remind you of that fact. go nowhere. ICE, and the Coast Guard, proof that I reserve the balance of my time. Unfortunately, the $4 billion that is we can cut spending and fund these Mr. ROGERS of Kentucky. Madam cut out of here, and a litany of other functions of government that are truly Speaker, I yield 3 minutes to the chair- unfortunate cuts, is only temporary. I vital. man of the Labor-HHS subcommittee want to live to fight another day. We As I said 2 weeks ago on this floor, on appropriations, the gentleman from all want to be able to respond to the the Department of Homeland Security Montana (Mr. REHBERG). needs of this country in deficit reduc- is not immune from fiscal discipline, Mr. REHBERG. Thank you, Chair- tion and a fair budget. But we could and no program or agency is beyond man ROGERS. have had a clean CR, and we would the belt-tightening that our govern- Madam Speaker, I rise to express my have reasonably sat down and made ment so desperately needs. deep frustration with this extension. right decisions. Here we go again, debating another b 1440 Most economists have said that cut- continuing resolution. I am starting to ting the government in the middle of a By implementing these cuts, we are feel like Bill Murray in ‘‘Groundhog budget year is ineffective. The bipar- not choosing between homeland secu- Day.’’ In that movie, the main char- tisan fiscal commission said: Project to rity and fiscal responsibility. Both are acter wakes up every morning to relive 2012 and 2013; don’t cut 2011. serious national security issues that the same day again and again. He never It’s important for the American peo- must be dealt with immediately. moves forward because he is stuck on ple to know this is in the midst of your Through a series of prudent choices, Groundhog Day. budget year. So Pell Grants for stu- this CR achieves both. Last year, Republicans in the House dents who are in college right now, who Madam Speaker, this CR is a reason- put the country on notice that we have already gotten an amount ren- able first step in addressing our gov- would try to reduce spending by $100 dered to them, operating on maybe a ernment’s fiscal crisis. There is abso- billion this year. The Senate knew, and $1,000 grant to finish out in May, what lutely no reason why the President or the American people knew, and they we’re doing is cutting them in the our colleagues in the Senate cannot gave us a substantial majority in the midst. support these overdue spending cuts. House. The SPEAKER pro tempore. The The American people are demanding no We worked responsibly and openly on time of the gentlewoman has expired. less. a continuing resolution to meet that Mr. DICKS. I yield the gentlewoman Mr. DICKS. I yield myself 1 minute. goal. After considering scores of an additional 30 seconds. You know, as I have said here today, amendments and engaging in long days Ms. JACKSON LEE of Texas. That’s everyone is in favor of doing deficit re- of thoughtful debate, we succeeded. In what was voted on a week ago. What duction. We want to do it in a way that response, the Senate majority leader we’re doing now is to recognize that won’t hurt the economy. What I am summarily dismissed our good-faith ef- people who govern are responsible for concerned about is that if we have this forts and recessed the Senate for a making sure the doors of this govern- large cut and then the States and local week. ment stay open. governments cut $125 billion at the Despite giving us an unprecedented 3 I care about homeland security as a same time, we will have about $185 bil- years of trillion-dollar deficits, the ma- member of the Homeland Security lion of cuts, and that is going to cause jority leader dismissed our efforts to Committee. I care about the DEA task a decline in economic growth. reduce spending less than 2 percent force fighting drug cartels. I care about I mean, it is basic economics. The from the total fiscal 2011 budget. children getting education, health way you get the deficit down is get In the interest of continuing our care, the environment. people back to work, get people jobs, work on behalf of the American tax- So let me just say this. We’re doing get them back to work. When the econ- payer and finding some common this because we believe in the Amer- omy is as fragile as it is, it’s a question ground, Republicans are offering this 2- ican people, but don’t you for a mo- of timing. week extension, another continuing ment think that this document is What the commission members said resolution made necessary only be- worth anything. We’ve got to get to is don’t do it in 2011; do it in 2012 and cause the Democrat leadership refused business and fight for the American 2013 and then deal with the entire to adopt a budget last year. It is like people and preserve education. That’s budget, deal with the entitlements, Groundhog Day all over again. what Democrats stand for, and that’s deal with the taxes, do the whole thing. During this short extension we pro- what we’ll fight for. Do the budget agreement that we all pose to save $4 billion—too much for Mr. ROGERS of Kentucky. Madam know we have to do, and that’s going Senator REID. He suggests a freeze on Speaker, I yield 3 minutes to the chair- to take bipartisanship. That’s going to spending for 30 days while he con- man of the Homeland Security Sub- take both parties, the President and templates our proposal. The national committee on Appropriations, the gen- the Senate and the House. debt will increase another $136 billion tleman from Alabama (Mr. ADERHOLT). The SPEAKER pro tempore. The during that time. Mr. ADERHOLT. Thank you, Mr. time of the gentleman has expired. This is part of a big stall. Keep stall- Chairman, for yielding this time to me. Mr. DICKS. I yield myself 1 addi- ing. Keep implementing unaffordable Madam Speaker, as has been pointed tional minute. health care entitlement programs. out, 2 weeks ago this Chamber voted We are going to have to get together Keep threatening, keep spending, all emphatically to cut spending and to and work out an agreement and come the while ignoring the will of the peo- right-size our government. This CR out together and support it in order to ple. that’s before us today is a necessary get this through. This is what we did But the growing $14.5 trillion na- stopgap that will keep the government with Bob Dole and Tip O’Neill and Ron- tional debt is dragging our country operating until we can finalize an ald Reagan. into economic ruin, and a looming

VerDate Mar 15 2010 04:14 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.077 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1421 health care law with $2.5 trillion in partments—vendors, employees, and Dicks substitute, which was not al- new spending, when fully implemented, institutions—will be able to do so. lowed to come to the floor, but none- is about to bury us. And make no mis- I think it’s fertile for a good com- theless I salute him for his leadership take, I am not happy that funding for promise, and I certainly hope the in that regard. the implementation of health care law House reaches it. Madam Speaker, Members of Con- continues in this continuing resolu- Mr. ROGERS of Kentucky. Madam gress agree, I think, on two things tion. Speaker, I yield 3 minutes to the gen- today: that we must move this process At some point soon, before it is too tleman from Ohio (Mr. AUSTRIA). forward so that government does not late, the majority leader and his Demo- Mr. AUSTRIA. I thank the chairman shut down, and that we must reduce crat colleagues need to meaningfully for yielding. the deficit. As we do that, we must cre- address our spending problem. Unfortu- Madam Speaker, I rise today in sup- ate jobs and strengthen the middle nately, all indications are that our port of this short-term continuing res- class. That is someplace where we may good-faith effort to find common olution, which must be passed this have some separation, because as the ground with this 2-week extension will week to avoid a shutdown of many im- distinguished ranking member, Mr. not bring the Senate to the table to ne- portant programs and services. DICKS, has said earlier, in December of gotiate. Our first priority today is job growth. 2010, congressional Democrats and the The President and the Senate major- That’s why we are putting into place President of the United States cut ity hold the balance of power in Wash- policies that will stop the runaway spending by $41 billion—$41 billion. On ington D.C., but they stand against the spending here in Washington and help that day in December, only one Repub- majority of Americans. bring more certainty to our financial lican voted for those cuts—only one. I will support this measure, but I and business markets to grow our econ- February, 2 months later, Repub- have been pushed to my limit. omy and create long-term sustainable licans passed a spending bill that does ‘‘Groundhog Day’’ may have been an jobs. not create jobs but, in fact, has been entertaining movie, but it shouldn’t be Last week, I had the opportunity to said to destroy 700,000 jobs. That’s ap- the basis for a system of government. visit the largest single site employer in proximately 100,000 jobs a week since It’s time for the Senate to get to work. the State of Ohio, Wright-Patterson we passed our ‘‘cut it’’ bill. Mr. DICKS. Madam Speaker, may I Air Force Base, and I was told that if February 2011, Republicans passed inquire as to how much time is remain- the government shuts down that thou- the same spending bill that reduces ing. sands of people may be asked not to U.S. economic growth by 11⁄2 to 2 per- The SPEAKER pro tempore. The gen- come to work. If we don’t pass this cent. Now some have questioned, Is it tleman from Washington has 13 min- short-term CR, this is one place that really as much as 700,000 jobs? Is it utes remaining and the gentleman would surely suffer from a shutdown, really as much as 11⁄2 to 2 percent? But from Kentucky has 151⁄2 minutes re- which is responsible for numerous na- no one questions whether there will be maining. tional defense programs that depend on job loss or whether there will be a Mr. DICKS. I yield 2 minutes to the continued funding. slowing down of our economic growth gentleman from New Jersey (Mr. AN- Without funding, programs like this among serious economists. DREWS). across the country will not get off the We are going in the wrong direction. (Mr. ANDREWS asked and was given ground in a timely manner, may incur How fast may be the question. But we permission to revise and extend his re- programmatic delays and costs, jeop- are going in the wrong direction. That marks.) ardize the national defense programs is why it’s very important for us to Mr. ANDREWS. I thank my friend for they support, and put thousands of proceed with great care and great cau- yielding. jobs, including small businesses, on the tion here because, again, we have the Madam Speaker, I hope that we are line. We must do the responsible thing opportunity to create jobs, to strength- beginning to usher in in the next 2 and pass this short-term resolution, en the middle class, and to do so in a weeks a season of compromise on this which will buy us time to find a long- way that is fiscally sound. very important question before the term solution to our budget crisis. When I hear our colleagues talk country. I hope and I am confident that Madam Speaker, people across Amer- about the deficit and the immorality of Chairman ROGERS and Mr. DICKS are ica, and especially in Ohio, have spo- a big deficit—and I completely agree capable of striking a very sound com- ken very clearly that Washington that we owe it to our children and our promise for the people of our country. needs to cut spending. grandchildren not to leave them a Here is where we are. When the fiscal debt—but all this talk about deficit is year began on October 1, there were a b 1450 what we have, as Democrats, taken the series of resolutions that said let’s live Nobody said these cuts were going to lead on for decades. under the budget that spent what last be easy, but they are absolutely essen- Do you remember—because many of year spent, and we have lived under tial to help put our country back on a you were here at the time—that when that budget until this time. That budg- fiscally sustainable path that will cre- President Clinton became President he et saves $41 billion below what the ad- ate jobs and strengthen our economy inherited an enormous debt? He insti- ministration asked for last February. for future generations. tuted pay-as-you-go, we had an eco- The majority, about 10 days ago, With the leadership of Chairman nomic agreement that was passed in passed a bill that said it wants to spend ROGERS, this House has already passed the Congress, and the deficit began to $100 billion less than what was pro- a CR to help protect national defense, reduce to a path of $5.6 trillion in sur- posed by the administration last Feb- but in addition to that made more than plus. Another President Bush took of- ruary. Now, logical people would say $100 billion in cuts; and when we pass fice; pay-as-you-go went out the win- that we are very well on the way to a this short-term CR, we will have passed dow; and, again, the turnaround into sensible compromise. another $4 billion in cuts. It’s time for growing deficits. We are on track to save $41 billion the Senate to do their job and pass a So for all of this talk about the im- below what was requested. The major- CR. I urge my colleagues to join me in morality of deficits, where were you ity wishes to spend $100 billion less supporting this short-term CR and when those deficits were instituted in than that. show that we’re listening to the Amer- the late eighties? Some of you were I am certain that talented legislators ican people by passing a CR that in- here. In the 2000s, many of you were like the chairman, like Mr. DICKS, left cludes substantive cuts and will put us here. And, again, we have to take our to their own devices and leadership, on a fiscally sustainable path forward. country on a path of deficit reduction. can find a way to have us strike a mid- Mr. DICKS. I yield 1 minute to the Many of you were here when the tax dle ground for the rest of the fiscal distinguished Democratic leader and cuts for the high end were imple- year. I am hoping that this is the last former Speaker, the gentlelady from mented, creating no jobs, except in- one of these temporary extensions we California, NANCY PELOSI. creasing our deficit, sending the bill to have so that those who rely upon the Ms. PELOSI. I thank the gentleman our children and the credit to the Chi- continuing funding of government de- for yielding time and for presenting the nese Government.

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.064 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1422 CONGRESSIONAL RECORD — HOUSE March 1, 2011 How about when we did the prescrip- So what is before us today is for the us today. The Rules Committee re- tion drug bill, giving away the store to short term. It is saying, let’s just keep jected that. I hope that in the weeks the pharmaceutical industry and the the government open 2 weeks so we use ahead, depending on what happens here price tag to our children by increasing that time to do the right thing and so today, we can move on with it so we the deficit? How about two wars, un- we use that time to have a reality can spend whatever time it takes to do paid-for wars? God knows we will do check—a reality check—on how we got it right. Nothing less is at stake than anything to protect and defend our these deficits in the first place. Tax the economic security of our country, people. And I would hope that every- cuts at the highest end do not create the well-being of our children, the well- body subscribes to that. Why would we jobs but increase the deficit and are being of our children and the con- have tax cuts for people at the highest not the appropriate path to deficit re- fidence that the American people have end? Why wouldn’t they pay their fair duction. Cutting education and there- in what we are sent here to do for share of protecting the American peo- fore the innovation that goes with it them. ple and American interests and their and the strength of our children and af- Mr. ROGERS of Kentucky. Madam interest wherever they may exist in fecting our economy is not the way to Speaker, I yield myself 1 minute to the world? do it. point out to the body that over the last And so we had in the 8 years of Presi- Many people here have met much ex- 2 years, the Congress went on a spend- dent Bush’s administration a complete perience on the way to do it, and they ing spree and increased spending by 84 reversal, an $11 trillion swing, $5.6 tril- sit on both sides of the aisle. So let’s percent in just 2 years. You ran the lion in surplus to nearly $5 trillion in get through this today, recognizing the deficit up; the annual deficit, now two debt. challenge that we have, understanding in a row, trillion-dollar-plus deficits And now people are saying it is an that this bill before us is not a good per year, record breaking. We have immorality to have national debt and one, but it’s not final. never had that before. You ran the debt to have these deficits. We thoroughly b 1500 up to where now we are bouncing agree. And that’s why, once again, we against the ceiling and the Congress must take our country down a path of And when we come together, we need will be called upon to increase the debt deficit reduction, but to do so in a way to meet the three criteria: Does it cre- ceiling. that is job creating and strengthening ate jobs? Does it strengthen the middle There were no appropriations bills of the middle class. class? Does it reduce the deficit? Be- passed last year at all. Thus that’s why As I said, in December 2010 Demo- cause all of those who say that it is im- we are here today. So let’s talk about crats cut $41 billion in spending. Only moral for us to grow the deficit and the spending spree that we’re trying to one Republican voted for that. Feb- pass those bills on to our children and slow down and stop, Madam Speaker, ruary 2011, Republicans passed a spend- grandchildren are right. I just don’t with this bill. ing bill that could destroy 700,000 jobs want them to ignore the fact that we I yield 3 minutes to the gentleman and reduce and slow down our GDP, our got here a certain way, and please do from Georgia (Mr. GRAVES), a member gross domestic product, by 1.5 to 2 per- not ask us to go down that path again of our committee. cent. If you want to say it’s going to with the sanctimonious attitude that Mr. GRAVES of Georgia. Madam slow down less than that, it’s still it is a morality for us to do exactly the Speaker, I appreciate the chairman going in the wrong direction. same thing again, ignoring again the clarifying some things we just heard I commented on Mr. DICKS’ proposal tremendous, tremendous suffering of because I was at a loss thinking I was because in the bill that we have before the American people and their need for us, we have a situation where the Re- going to need much more than 3 min- jobs, ignoring the aspirations of our utes to rewrite some of what we just publicans have stripped the bill of im- children and their need for education portant initiatives to the education of heard there and correct the historical by making the cuts that are in here our children. In fact, President Obama account of the last several years. without them rechanneling to a better made some of those cuts, too; but he We’ve heard the lamenting and wail- place. didn’t do it in a way that hurt the chil- ing today from the other side of the This is as serious a debate that we dren. aisle. It is amazing to hear about why can have in the Congress of the United What we debate today undermines we are here? Why are we in this posi- our future by stripping support for States because it affects our children tion today? some pressing educational challenges and their future, because the deficits We are hearing government shutdown without redirecting those critical re- have gotten so far out of hand. from the Democrats. You’re not hear- sources to meet the educational needs I am very proud of the fact that 30 ing that from the Republicans. You’re years ago—in 1982, 29 years ago—when of our children. What Mr. DICKS pro- hearing no, we have to cut spending posed would have reversed that. He Democrats gathered in Philadelphia for and reduce the size of government. But would have eliminated those edu- a midterm conference, pay-as-you-go we hear we’re at the brink, we’re about cational programs in a way, as did the was placed on the agenda, passed as a to shut down government, and we have President, in the context of a com- resolution, and became part of the to wonder: Why are we here? prehensive budget that also redirected Democratic platform. Fiscal responsi- Well, the chairman brought it up so funds to other initiatives addressing bility is a part of who we are. Our Blue eloquently just a minute ago. When these needs. Dog Coalition has had this as their they were in the leadership last year, If we do not, as a Congress, under- mantra: pay as you go. Do not add to and it wasn’t that long ago, 1 year ago, stand that education is essential, is the deficit. If we all share that view, they had the opportunity. They had the key to all of our success—key to all of we should all be able to come together opportunity to pass their own budget. our success—then, frankly, the Amer- because the numbers will add up or They didn’t do it. ican people are way ahead of us on they will not add up, and the bill for So instead, they passed a CR. The CR that. That’s why I asked when we de- sure will be sent to our children and went for 4 or 5 weeks. It wasn’t enough. bated the bill before the break to see a grandchildren. Let’s do another one because again, quarter of a million children thrown off Some of you have children; some of they couldn’t pass a budget. They Head Start and many teachers fired you have children and grandchildren. passed another CR for 2 more weeks. alongside that, is that a smart cut? Would you ever dream of sending them Again, it wasn’t quite enough. So let’s Sure, we have to tighten our belt. But a bill for a personal expense? If you go 3 days because we don’t know now let’s do it, again, in a very smart way. were to leave them anything, would to pass a budget nor have an appropria- I just want to know where everybody you leave them a bill? We cannot leave tions meeting. And then, yet again, was in the days when this deficit grew the children of America with any bills let’s pass another one for just over 2 in the 8 years of the Bush administra- for any fiscal deficit either. It wouldn’t months. That is why we are here today. tion. That’s why we’re in the situation be the right thing to do. But in order That is why the Republicans are step- we are in today. That’s why we must, for us to do the right thing, it is time ping up and leading. That is why the again, make some very difficult deci- for a serious reality check, and that is Republicans passed a CR a few weeks sions. the opportunity Mr. DICKS was giving ago cutting a hundred billion dollars.

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.066 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1423 But yet again the Democrats, they do years, notwithstanding the Obama ad- Unfortunately, Republicans passed a not want to step up and lead at this ministration, and I will discuss that in spending bill full of shortsighted and time in our Nation. a second, Mr. Reagan, Mr. Bush I, and indiscriminate cuts. Do we need cuts? So here we are again, the chairman Mr. Bush II ran deficits of over $6 tril- Yes. Do we need shortsighted and indis- of appropriations and the Republicans lion that they signed the bills to spend. criminate cuts? No. Just over a week have stepped up and said it is time to Over $6 trillion. Bill Clinton was Presi- ago, you would cut billions in energy lead. So $2 billion a week in cuts, yes, dent for 8 years. The last 4 years, we and medical research, kick 200,000 chil- that is what we are proposing. Should didn’t raise the debt at all, unlike dren out of Head Start, make college it be more? Sure it should be more. every one of the Republican adminis- more expensive, and stop 21st-century To those who have said we were cut- trations, where we raised it on a reg- infrastructure projects in 40 States. ting the wrong programs, I assure you, ular basis. Not at all during the last That’s what Mr. Zandi is talking you’ll have your chance to cut those administration, the last 4 years of Mr. about. That’s what Goldman Sachs is programs because, again, we will be Clinton’s administration, and he ran— talking about. Cuts like these could cutting more. the only President in your lifetime, cripple America’s competitiveness and So this measure, hopefully it will and very frankly mine, and I may be job growth. pass both Chambers, and we will avert twice as old as you are—a $62.9 billion According to Moody’s Analytics chief the government shutdown. And the surplus. Look it up. No argument. economist Mark Zandi, who advised question is then: What happens next? But let me say something. Irrespec- Senator MCCAIN’s Presidential cam- The American people want to know tive of who is responsible, we are re- paign, Republicans’ cuts would cost that. sponsible for fixing it. Republicans and America a total of 700,000 jobs. The Well, I want the American people to Democrats. The American people know Economic Policy Institute puts it at know this: that there are more spend- that we have a crisis confronting us. 800,000. ing cuts on the way. Now, some of my They know there is no option other Rather than such job-destroying poli- colleagues on the other side will say, than to deal with this realistically. I cies, both of us, both parties, need to we don’t need to cut spending. In fact, would call everybody’s attention in come together and reason together. we have heard that. We’ve heard that this body—Republican, Democrat, lib- Frankly, the American public doesn’t they want to freeze spending instead, eral, conservatives—to an article writ- care who works with whom. They just which is akin to tying a brick to the ten by David Brooks today in The New want it to work. This is no way to fund accelerator of this vehicle that is going York Times. Read it. Read it. David the largest enterprise in the world—on off the cliff when we need to take our Brooks is a conservative columnist of 14-day cycles. The gentleman criticized foot off that accelerator. Again, it is the New York Times. We all ought to us for doing it, and we should have the status quo that we hear from the read this and take it to heart. I called been criticized. other side. it to my caucus’ attention this morn- The SPEAKER pro tempore. The We heard a minute ago from the lead- ing. time of the gentleman has expired. er of the Democrats, the former Speak- Our deep debt is a serious danger to Mr. DICKS. I yield the gentleman an er, and her quote was: They took the our economy, to our future, and our additional 1 minute. lead in deficits. children’s opportunities. The American Mr. HOYER. Let me tell my friend Oh, is she so right. In fact, they have people want us to bring the debt down. what he didn’t mention: One of the rea- led 3 straight years of deficit spending, They said so very loudly. And I doubt sons we did it was that we couldn’t get consecutive years, trillion-dollar defi- there is a Member who disagrees. 60 votes in the United States Senate in cits, and now a $14 trillion debt. What order to move a bill forward. leadership that is. b 1510 Keeping our government running is The status quo is unacceptable. The Democrats believe that spending cuts vital to our economy. None of us American people deserve so much are part of the solution. Let there be should want to shut down the govern- more. So today, let’s stop that threat no mistake. We need to cut spending, ment. It is also vital to the millions of a government shutdown, and let’s but we also believe that those cuts who rely on government every day. The save the taxpayers $4 billion. Let’s must be smart and targeted, not sooner we can agree on a long-term come back and let’s save them billions pegged to an arbitrary number. package of smart cuts, not reckless, ar- upon billions more. But let’s get ready One of your staffers, when you put bitrary, job-destroying cuts, the sooner because deeper spending cuts are nec- the Pledge to America, came forth with we can stop funding the government in essary. And as we saw from that Gov- a figure of $100 billion. That’s a nice disruptive 2-week increments. The gen- ernment Accountability report, dupli- round figure; $100 billion sounds good. tleman was correct that we ought not cative programs exist. It’s good PR. It’s good spin—$100 bil- to do that. We need to pass a 7-month Madam Speaker, it is time to elimi- lion. Read David Brooks. No analysis funding so that government and all nate some of those programs, continue was given to that figure. No hearings who rely on the government, who work eliminating portions of this govern- were held on that figure. Nobody could for the government, and who have con- ment, and get this fiscal house back on testify on the cuts that were proposed tracts with the government can rely on track. to reach that figure. some certainty. Mr. DICKS. Madam Speaker, I yield 5 We have to cut the spending. We can You’ve talked a lot about certainty minutes to the distinguished gen- do without some spending, not the on your side of the aisle. You’re abso- tleman from Maryland (Mr. HOYER), vital investments, however, that are lutely right, we need certainty. The the Democratic whip and former ma- helping to grow our economy, that are business community needs certainty. jority leader, who will help correct the helping our private sector innovate and Individuals need certainty, and the record. creating the jobs of the future. government needs certainty. Mr. HOYER. I thank the gentleman During the Clinton administration, I The SPEAKER pro tempore. The for yielding. will tell my young friend from Georgia time of the gentleman has again ex- I have now heard and watched on tel- there were 22 million new jobs. During pired. evision and I have been on the floor the Bush administration, we lost 8 mil- Mr. DICKS. I yield the gentleman an with two members from Georgia, both lion jobs. A 30 million job turnaround. additional 30 seconds. of whom are brand new to this body That’s why there was so much spending Mr. HOYER. Rather than passing 2- who were talking about the history. of which Mr. ROGERS spoke. And $700 week continuing resolutions, I urge Re- Well, I want to tell my friend from billion of that, of course, was asked for publicans and Democrats to work to- Georgia a little bit of history. I have by the Bush Presidency, Secretary gether on a long-term solution—in this been here 30 years. I have served some Paulson and Mr. Bernanke, so that we case, ‘‘long term’’ is 7 months—to re- 20 of those years under Republican didn’t fall into a depression for the duce spending, to try to balance our Presidents. Every one of them has run first time since Herbert Hoover. This budget, and to try to bring rationality a deficit of $100 billion or more. In fact, President has been trying to bring us to this process. We cannot, my friends during that cumulative period of 30 out and, frankly, is succeeding. on the Republican side of the aisle and

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.068 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1424 CONGRESSIONAL RECORD — HOUSE March 1, 2011 the Democratic side of the aisle, con- America must make a bold departure every controversial issue that this Con- tinue to look at 15 percent of the budg- from the status quo and put a stop to gress has dealt with over the last 20, 30 et and expect us to get to where we the out-of-control spending that has years. need to be from where we now are. come to define Washington over the My good friend from Kentucky, the Mr. ROGERS of Kentucky. Madam past 2 years. No longer can we continue chairman of the committee, will recall Speaker, may I inquire of the time re- on the path of unchecked, reckless that quaint phrase that we would de- maining. spending that has crippled our econ- ploy in committee, that this amend- The SPEAKER pro tempore. The gen- omy and has left us with a massive $14 ment is not in order because it con- tleman from Kentucky has 91⁄2 minutes trillion in debt, $1.6 trillion in deficit stitutes legislating on an appropria- remaining, and the gentleman from spending, and an unacceptably high un- tions bill. Well, we legislated every- Washington has 4 minutes remaining. employment rate. thing. This bill has more poison pills in Mr. ROGERS of Kentucky. Madam Last year, the 111th Congress com- it than Rasputin’s medicine cabinet. Speaker, I yield 2 minutes to a brand- pletely failed in its fundamental re- Everything is thrown in here, and it new member of the committee, the sponsibility to adopt a budget for the was thrown in in the middle of the gentleman from Kansas (Mr. YODER). American people. Remarkably, they night. You know, bills that we had con- Mr. YODER. Madam Speaker, we can have punted that responsibility and sidered carefully in committee that debate today who is at fault for the cri- have kept the Federal Government op- had come to the floor, that they were sis we are in; but I think we have an erating over the last 5 months by debated carefully and then resolved, agreement, which is, with record adopting continuing resolutions. and yet sometimes in a 10-minute de- spending, deficits and accumulated Fortunately, the new 112th Congress bate those bills were dispensed with. debt, coupled with 20 months straight has accepted this responsibility to That’s not the way an appropriations of 9 percent unemployment, it is time clean up the mess of the last Congress. bill should be brought to the floor. It for us to get serious about the crushing Indeed, the House of Representatives, ought to be a clean, continuing resolu- effect of a runaway debt on this econ- Republicans and Democrats, worked tion if we’re going to do a CR. omy. late into the night last week to get a The SPEAKER pro tempore. The As Speaker BOEHNER said, ‘‘Just like proposal to the Senate that recognizes time of the gentleman has expired. a bankrupt business can’t create jobs, a the critical need to adopt a budget Mr. DICKS. I yield the gentleman an bankrupt country can’t create jobs.’’ while cutting a historic $100 billion in additional 30 seconds. Small business owners, individuals spending for the rest of this fiscal year. Mr. MORAN. The fact is we know we and families now find themselves at After 5 months of failed leadership by can do this. We can get a good appro- the mercy of this debt that we as a Senate Democrats, we now find they priation bill. We can make surgical government have recklessly accumu- need more time. This is truly unbeliev- cuts and we can agree on those surgical lated. It’s not Democrats or Repub- able. Over the past week, back home in cuts. But let’s not try to put together licans. It’s those families and individ- the Fifth District, I was reminded a dump truck that includes in it every uals and business owners who are the again and again by my constituents possible controversial issue that we real casualties of this government that now is the time for leadership, not know we can’t resolve. That’s not in spending spree. So now we must choose for excuses. the long-term best interest of the a pathway. We are at a crossroads: rea- While the House takes up another American people, and, in fact, it ought sonable spending reductions and keep- resolution today that will continue to to be an embarrassment to our appro- ing the government open or heading to- temporarily fund the government while priations process. wards devastating tax increases and keeping our commitment to the people So I would hope that we would vote crushing deficits. to cut an additional $4 billion in spend- against this continuing resolution sim- The tax increases that would be need- ing, it is critical that the Senate join ply because it’s only a 2-week CR. We ed to actually alleviate these bloated us to produce a responsible funding res- can do better. deficits would wipe out individuals, olution that makes the cuts necessary Mr. ROGERS of Kentucky. Madam families and businesses. According to to get our fiscal house in order. For the Speaker, I wish they had done better the CRS, current income tax rates sake of the next generation of Ameri- last year and passed one appropriations would need to double across the board cans, we must act, and we must act bill. to close the expected deficits of this now to secure our future. GENERAL LEAVE administration. You can’t create jobs Mr. DICKS. I yield 2 minutes to the Mr. ROGERS of Kentucky. Madam under these devastating taxes. We ranking member and former chairman Speaker, I ask unanimous consent that must reduce spending. of the Interior and Environment Ap- all Members may have 5 legislative We have a choice as the American propriations Subcommittee, the gen- days in which to revise and extend people. We can choose prosperity; we tleman from Virginia, JIM MORAN. their remarks and include extraneous can choose lower taxes; and we can Mr. MORAN. Madam Speaker, so material on H.J. Res. 44, and that I choose reduced debt. Or we can go many of our brand-new colleagues seem may include tabular material on the other the other direction and choose to have run on the thesis that govern- same. record-breaking deficits, historic taxes ment can’t be the solution to any of The SPEAKER pro tempore. Is there and devastation all across this coun- your problems, rather that ‘‘it’’ is the objection to the request of the gen- try. problem, that it can’t be counted upon tleman from Kentucky? Madam Speaker, we have a choice to to help people, that it can’t even be There was no objection. make today, and it is my hope the counted upon to invest in America’s Mr. ROGERS of Kentucky. Madam Members of this body will choose to long-term interests. It seems as Speaker, I yield 3 minutes to the chair- keep the government open, will choose though, now that they’ve been elected, man of the MilCon and VA Sub- to begin making modest reductions, they’re doing everything they can to committee on Appropriations, the gen- and will pass this necessary resolution prove themselves to be right. tleman from Texas (Mr. CULBERSON). to begin the pathway towards pros- This is no way to run a government. Mr. CULBERSON. Madam Speaker, I perity again in this country. A 2-week CR? first would like to yield to my col- Mr. DICKS. I reserve the balance of Now, we don’t have any great prob- league from Georgia (Mr. GRAVES). my time. lem with the components of this CR ex- Mr. GRAVES of Georgia. Madam Mr. ROGERS of Kentucky. Madam cept for the fact that it’s 2 weeks. Speaker, I have to take a moment here Speaker, I yield 2 minutes to the gen- to, I guess, comment back on the dis- 1520 tleman from Virginia (Mr. HURT). b tinguished whip’s comments a minute Mr. HURT. I thank the chairman for It should be a 7-month CR. In fact, we ago. yielding. should really tackle the appropriations It’s great that he pointed out his Madam Speaker, last November, the bills themselves. But if it’s a 7-month knowledge of history and his years of people I represent in Virginia’s Fifth CR, it shouldn’t be a dump truck of experience here, and he’s right about a District sent an urgent message that legislation that includes in it virtually few things. He talked about the years

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.069 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1425 of Bill Clinton and the spending cuts Mr. CULBERSON. Reclaiming my Bernanke, Chairman of the Federal Re- and the deficit reduction and debt re- time, there are a few core functions the serve, said as late as today that that duction, all those kinds of things. He’s government has to do, and I’ll tell you bill will have no harmful effect on the absolutely right. But he didn’t tell you that national defense, for example, economy. I don’t know that there’s a the rest of the story, and that is the we’ve protected the Pentagon and na- bigger, better source on the economy Republicans took the majority in 1995 tional security. We’ve protected the in- than the Chairman of the Federal Re- and were part of that process, in lead- vestments in medical and scientific re- serve, and he says no problem. ing through the legislative process not search and in law enforcement. And Now, what the Democrats want to do, through the executive process. you will find on every bill that we Madam Speaker—this is pretty sim- And then he talked about George present we’re going to work to cut ple—they want to freeze spending. Bush and the 8 million job losses. And spending in every possible way. They want to freeze spending at the if you look back, if you look at the rest Mr. DICKS. Madam Speaker, I yield biggest bloated level we’ve ever had. of the story on that again, that starts myself such time as I may consume. b 1530 in about 2006 and 2007 and 2008. And if I think this has been a very spirited we think about who was in charge at debate in the best traditions of the They increased spending 84 percent the time, yes, it was the distinguished House. I want to point out a few facts over the last 2 years. Now they want to whip, who was the leader at the time, to again correct the RECORD. freeze and they’ll go no higher. Well, and the former Speaker. So they were First of all, the American Recovery it’s bloated. We want to take it back right. They were right about history, and Reinvestment Act probably down to where it’s reasonable, where but they weren’t telling the whole brought down the unemployment rate we can live with it. So we don’t want story, and that is that the Republicans from 12 or 13 percent to 9.5 percent. We another $1.7 trillion-a-year deficit like were leading during those difficult would have a 12.5 percent unemploy- they’ve had the last year and, before times and providing the spending cuts ment rate today if it weren’t for the that, something approaching that. when necessary. American Recovery Act. So I ask Members to vote for this To the gentleman a minute ago who The only deficit that has been cut short-term CR, to give us time to work said government is not the solution, around here was the $41 billion that with the other body on H.R. 1 to find you’re absolutely right. And to finish was done by the Democrats and en- out what their position is, about which that quote from Ronald Reagan, more acted in December and passed to March we have no idea at this moment. They so, it is the problem. 4. haven’t acted. And so to avert a close- Mr. CULBERSON. Reclaiming my Now, again, we did not get our work down of the government, which is what time, Madam Speaker, I think it’s im- done. Mr. ROGERS and I are going to get we’re after here, we want to give the portant to remember that the people of the work done. But again, gentlemen Senate time to look at H.R. 1 and tell America spoke decisively in the No- and ladies, it’s the economy. You’ve us what their position is so we can vember election. It was as clear a ref- got to put people back to work. And if have a conversation about it. And, erendum on the direction that Presi- the net impact of what you do, the cuts frankly, 2 weeks is plenty of time, dent Obama and Speaker PELOSI were you make are to throw people out of plenty of time in the House. I know the taking the Nation as we could have, work, to cause the economy to stumble Senate works a bit more slowly, but 2 and the Nation decisively rejected the and stop the recovery and increase un- weeks should be plenty. agenda that Speaker PELOSI and Presi- employment, then the deficit will go So, Madam Speaker, I urge Members dent Obama were promoting. up. to vote for this reasonable, fair, budg- The spending that Chairman ROGERS The only way you get this better is et-cutting extension of the time to spoke about was out of control over to drive down unemployment, get peo- shut down the government. Vote ‘‘yes’’ these last several years. I know in the ple working, get businesses producing, and keep the government operating. time I served under President Bush I get the revenues coming in. That will Mr. VAN HOLLEN. Madam Speaker, today’s voted against about $2.6 trillion of new do it. But what the best economists in legislation proposes to extend Federal Gov- spending under President Bush. And in this country say is your medicine is ernment operations for an additional two just the last 2 years, under President not going to cure the patient. It could weeks while cutting roughly $4 billion in Obama and Speaker PELOSI, my staff well harm the patient and cause things spending from FY 2011, if the proposed cuts calculates I’ve had to vote against to get worse, not better. So that’s why are ultimately extended for the rest of the fis- about $7.6 trillion in spending under some people believe it’s a timing issue. cal year. President Obama. I know that the level And yet, again, I want you to know, Democrats understand the need to get seri- of spending under President Bush was we will work together in these next 2 ous about our deficits and debt, but we also higher than it should have been, but it weeks. We’ve got to get this thing re- understand the difference between making has absolutely gone vertical under solved. smart, deliberate cuts to spending while main- President Obama. I yield back the balance of my time. taining targeted investments that create jobs, The country decisively rejected the Mr. ROGERS of Kentucky. May I in- grow our economy and strengthen our inter- direction that President Obama was quire as to how much time is remain- national competitiveness. In that regard, I am taking the Nation. The country elected ing. especially disappointed that the majority did this new majority to cut spending, to The SPEAKER pro tempore. The gen- not make in order an amendment offered by repeal ObamaCare, and to put the Na- tleman from Kentucky has 3 minutes ranking Member DICKS, which would have re- tion back on track towards a balanced remaining. stored some of the education cuts in today’s budget, and that’s what this appropria- Mr. ROGERS of Kentucky. Madam bill by finding the necessary savings in unused tions bill does. In this 2-week period, Speaker, I yield myself the balance of Census funds. It seems to me those are the we’re doing our best at every oppor- my time. kinds of distinctions, priorities and choices this tunity, on every occasion. Chairman Let’s be clear what it is we’re voting body should be able and willing to make. ROGERS and all of us are working to cut on here today. This is a short-term, 2- Furthermore, based on our experience with spending and to get the Federal Gov- week CR. It cuts $4 billion, a little over H.R. 1, I am concerned that the majority is ig- ernment out of our pockets, off our $4 billion in spending that both parties noring the explicit advice of two fiscal commis- backs, and out of our lives. have agreed to in the past, both bodies sions and a growing chorus of bipartisan com- Mr. DICKS. Will the gentleman in the House and Senate have agreed to mentators warning that we must not in the yield? in the past, and agreed to by the White guise of fiscal discipline cut so indiscrimi- Mr. CULBERSON. I am happy to House. nately, so fast that we sabotage job creation yield to the distinguished gentleman So what are we talking about here? and weaken our ongoing economic recovery. from Washington. This is a 2-week extension. It’s about Madam Speaker, sooner rather than later, Mr. DICKS. I was just glad to hear as clean as you can make it. And, oh, we need to come to a final agreement on fed- the litany of these things that you by the way, speaking about that bill we eral spending for the rest of FY 2011. That voted against. Are you still for those passed 2 weeks ago, H.R. 1, that cuts agreement should chart a credible course to- Civil War battlefields? $61 billion off of current spending, Ben wards long term fiscal sustainability while

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K01MR7.071 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1426 CONGRESSIONAL RECORD — HOUSE March 1, 2011 making the kinds of investments that will allow Mr. KEATING. I am opposed in its Let’s stop sending taxpayers’ money us to win the future in the 21st century. current form. to the most profitable companies in the Ms. JACKSON LEE of Texas. Madam The SPEAKER pro tempore. The world. The time is now to stop sub- Speaker, I rise today in support for H.J. Res. Clerk will report the motion to recom- sidizing the largest oil companies. I 44, the Continuing Resolution (CR) to make mit. think it shocks every American tax- further continuing appropriations for Fiscal The Clerk read as follows: payer to know that they’re required to Year 2011 to keep our Federal Government Mr. Keating moves to recommit the joint fork out over $40 billion in subsidies open through March 18, 2011. resolution H. J. Res. 44 to the Committee on over the next decade to the most eco- Though I have serious reservations about Appropriations with instructions to report nomically profitable of companies—es- this CR offered by my Republican colleagues, the same back to the House forthwith with pecially as oil soars to a hundred dol- I absolutely refuse to let our Federal Govern- the following amendments: lars per barrel. My constituents in ment close on my watch. Allowing the Federal Page 18, line 21, strike the quotation marks and final period. Plymouth, Massachusetts, are paying Government to close while this nation con- almost $3.50 per gallon and have had tinues to recover from its economic downturn Page 18, after line 21, insert the following: ‘‘SEC. 227. For the period beginning on the enough. Even ex-Shell CEO John does no good for anyone. Closure of the Fed- date of the enactment of the Further Con- Hofmeister says enough is enough. He eral Government at this juncture would deal a tinuing Appropriations Amendments, 2011 said, ‘‘With high oil prices, such sub- crushing blow to the people all over the United and ending on the date specified in section sidies are not necessary.’’ States who are looking to Congress to do its 106(3) of this Act, no major integrated oil So let’s put a stop to this welfare company (as defined in section 167(h)(5)(B) of part in bringing about much-needed economic program for Big Oil right now. Cuts to relief and to get this country back on course. the Internal Revenue Code of 1986) shall be police, cuts to fire, cuts to cancer re- Moreover, states all around this nation are eligible for any tax benefit or relief under in the midst of recovering from their own eco- the following provisions of such Code to the search, cuts to border security, cuts to nomic crises. The closure of the federal gov- extent attributable to such period: reading teachers—or oil subsidies to ernment would deal them a crushing blow. ‘‘(1) Section 43. the most profitable of companies. ‘‘(2) Section 45I. Worse still, it would only serve to increase the I urge my colleagues to vote ‘‘yes’’ ‘‘(3) Section 469 with respect to working in- on this motion to recommit. hardship and suffering visited upon the citi- terests in oil and gas property. zens of those states. We must remember that I yield back the balance of my time. ‘‘(4) Sections 613 and 613A, with respect to Mr. ROGERS of Kentucky. Madam these citizens are also our constituents and percentage depletion for oil and gas. we must not let unfettered zeal to make ‘‘(5) Section 199 with respect to income de- Speaker, I rise in opposition to the spending cuts blind us to the point where we rived from the production of oil and gas. gentleman’s motion to recommit. allow cuts to the funding necessary for eco- For purposes of this section, the amount of The SPEAKER pro tempore. The gen- nomic recovery. any tax benefit or relief for any taxable year tleman is recognized for 5 minutes. This insufficient, fake CR contains many shall be treated as attributable to the period Mr. ROGERS of Kentucky. If I under- horrible cuts to important programs. It unjustly described in the preceding sentence in the stand the gentleman’s motion cor- heaves a heavy weight upon the backs of the same ratio that the portion of such period rectly, it would, for a 2-week period, American people who should not be made to which is part of such taxable year bears to attempt to change the Tax Code to sin- the entire taxable year.’’. bear this burden. These cuts include but are gle out resource companies and in- not limited to: The SPEAKER pro tempore. Pursu- crease their costs of doing business. Critical Education Funding at All Levels from ant to the rule, the gentleman from This misguided policy can only lead to Head Start to Higher Education Massachusetts is recognized for 5 min- higher energy prices, continued reli- Health and Human Services Funding utes in support of his motion. ance on foreign oil, and economic hard- Energy Funding Mr. KEATING. Madam Speaker, I ship that hampers job creation. Critical Transportation Funding rise to offer this motion to recommit At a time when gasoline is currently Military and Veteran’s Affairs Funding which I believe will greatly improve approaching $4 a gallon around the Science and Technology and NASA Fund- our fiscal health and ensure that we’re country and when our resources are ing responsible to all taxpayer dollars and being threatened by the instability in However, this is only a two-week CR and the taxpayers of this great Nation. the Middle East, we should be encour- the critical funding it cuts can be recouped We all agree—all of us, Republicans aging domestic energy production—not and restored. I look forward to fighting hard and Democrats alike—that cuts in cutting it down. over the next two weeks to restore this crucial wasteful spending are vital to our We’re talking about a 2-week con- funding. The cuts contained in this CR square- country’s future. The decision that tinuing resolution to keep the govern- ly impact the people and programs we need to stands before us is whether we should ment running past Friday, reduce support the most in order to bring about job adopt reckless cuts to some of our spending, and avoid a government creation and sustained economic growth. I am most important programs or not: edu- shutdown. This is neither the time nor committed to doing all that I can to restore cation cuts, cuts to college scholar- the place to inject an unrelated job- these funds while making fiscally responsible, ships, reading teachers, Head Start. crushing, controversial rider to the CR well deliberated appropriations for funding the As a D.A. for the last decade, I know that will absolutely hinder its chance Federal Government for the remainder of Fis- the effects of cuts to police officers and of passing in the Senate before this cal Year 2011. I urge my colleagues to join firefighters, and I know what they Friday when the current CR expires. me in this commitment. mean to our public safety. Reckless Mr. ROGERS of Kentucky. I yield I urge defeat of this ill-advised mo- cuts: cuts to border protection, cuts to back the balance of my time. tion. The SPEAKER pro tempore. All time the hubs of cybersecurity research so I now yield to the gentleman from for debate has expired. that we can better protect ourselves in Idaho (Mr. SIMPSON), chairman of the Pursuant to House Resolution 115, our infrastructure, cuts in cancer re- Interior Subcommittee Appropriations. the joint resolution is considered read search and other life-saving ventures of Mr. SIMPSON. I thank the chairman and the previous question is ordered. the National Institute of Health. for yielding. The question is on the engrossment It’s worth repeating that Moody’s Madam Speaker, if this wasn’t such a and third reading of the joint resolu- chief economic expert, Mark Zandi, the serious subject that we’re discussing tion. former adviser to the McCain for Presi- here, the Federal budget and how we’re The joint resolution was ordered to dent campaign, just this week esti- going to fund it for the next 2 weeks, it be engrossed and read a third time, and mated that the reckless Republican would almost be funny. was read the third time. cuts will cost our country 700,000 jobs. Almost every Member of the Demo- MOTION TO RECOMMIT Investment groups estimate that the cratic Party that has stood up and Mr. KEATING. Madam Speaker, I reckless cuts will cut the economy by a talked about this CR has said some- have a motion to recommit at the growth this year of almost one-half. thing like this—even the sponsor of desk. Our alternative? Our alternative is this motion said something along these The SPEAKER pro tempore. Is the an alternative of sensible spending lines: Democrats know we have to re- gentleman opposed to the joint resolu- cuts. In this motion, we’re offering duce spending. Democrats want to re- tion? such a sensible spending cut. duce spending. Yet the very first time

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.010 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1427 they have a chance to vote to reduce [Roll No. 153] Harris McCotter Ros-Lehtinen spending, reductions that the adminis- Hartzler McHenry Roskam YEAS—176 Hastings (WA) McKeon Ross (AR) tration agrees with in its 2012 budget Ackerman Gutierrez Payne Hayworth McKinley Ross (FL) and eliminating earmarks, the Demo- Andrews Hanabusa Pelosi Heck McMorris Royce crats vote ‘‘no’’? It’s strange but true. Baca Hastings (FL) Perlmutter Heller Rodgers Runyan Hensarling Meehan In fact, instead of cutting spending, Baldwin Heinrich Peters Ryan (WI) Bass (CA) Higgins Pingree (ME) Herger Mica Scalise Herrera Beutler they propose to increase revenue. Or Becerra Himes Polis Miller (FL) Schilling Huelskamp Miller (MI) increase taxes. Berkley Hinchey Price (NC) Schmidt Huizenga (MI) Miller, Gary Berman Hirono Quigley Schock In this fragile economy with energy Hultgren Mulvaney Bishop (GA) Holden Rahall Schweikert prices rising, we should be encouraging Hunter Murphy (PA) Bishop (NY) Holt Rangel Scott (SC) Hurt Myrick more energy and gas development and Blumenauer Honda Reyes Scott, Austin production in the United States. We Boswell Hoyer Issa Neugebauer Sensenbrenner Richardson Jenkins Noem Brady (PA) Inslee Sessions need more supply, not less supply. This Richmond Johnson (IL) Nugent Braley (IA) Israel Shimkus would reduce the supply. Rothman (NJ) Johnson (OH) Nunes Brown (FL) Jackson (IL) Shuster Roybal-Allard Johnson, Sam Nunnelee Oil prices are rising again; and with Butterfield Jackson Lee Ruppersberger Simpson Capps (TX) Jones Olson the wave of unrest in the Middle East Rush Smith (NE) Capuano Johnson (GA) Jordan Owens and North Africa, there are fears that Ryan (OH) Smith (NJ) Carnahan Johnson, E. B. Kelly Palazzo Sa´ nchez, Linda Smith (TX) we could soon see a return to $4 or $5 Carney Kaptur King (IA) Paul T. Southerland Carson (IN) Keating King (NY) Paulsen gas in the United States this summer. Sanchez, Loretta Stearns Chu Kildee Kingston Pearce Sarbanes Stivers b 1540 Cicilline Kind Kinzinger (IL) Pence Schakowsky Stutzman Clarke (MI) Kissell Kline Peterson Schiff Sullivan The moratorium put in place fol- Clarke (NY) Kucinich Labrador Petri Schrader Terry lowing the Deepwater Horizon accident Clay Langevin Lamborn Pitts Schwartz Thompson (PA) Cleaver Larsen (WA) Lance Platts was lifted last fall by the administra- Scott (VA) Thornberry Clyburn Larson (CT) Landry Poe (TX) tion; but the administration has issued Tiberi Cohen Lee (CA) Scott, David Lankford Pompeo Tipton just one deepwater permit in the gulf, Connolly (VA) Levin Serrano Latham Posey Turner and that was issued just yesterday. The Conyers Lewis (GA) Sewell LaTourette Price (GA) Upton Cooper Lipinski Sherman Latta Quayle Federal judge called this de facto deep- Walberg Costello Loebsack Shuler Lewis (CA) Reed Walden water drilling moratorium unreason- Courtney Lofgren, Zoe Sires LoBiondo Rehberg Walsh (IL) able, unacceptable, and unjustifiable. Critz Lowey Slaughter Long Reichert Webster The public will have no patience for Crowley Luja´ n Smith (WA) Lucas Renacci Speier Luetkemeyer Ribble West more delays, more excuses, and higher Cummings Lynch Davis (CA) Maloney Stark Lummis Rigell Westmoreland taxes if gas prices continue to rise, es- Davis (IL) Markey Sutton Lungren, Daniel Rivera Whitfield pecially when we have untapped re- DeFazio Matsui Thompson (CA) E. Roby Wilson (SC) sources here in the United States not DeGette McCarthy (NY) Thompson (MS) Mack Roe (TN) Wittman DeLauro McCollum Tierney Manzullo Rogers (AL) Wolf being utilized. We need to be encour- Deutch McDermott Tonko Marino Rogers (KY) Womack aging more production in this country, Dicks McGovern Towns Matheson Rogers (MI) Woodall not discouraging production in this Dingell McIntyre Tsongas McCarthy (CA) Rohrabacher Yoder McCaul Rokita Young (AK) country. Doggett McNerney Van Hollen Donnelly (IN) Meeks Vela´ zquez McClintock Rooney Young (IN) Oil and gas from Federal lands, both Visclosky Doyle Michaud NOT VOTING—7 onshore and offshore, provide an impor- Edwards Miller (NC) Walz (MN) tant energy source and domestic jobs Ellison Miller, George Wasserman Capito Hanna Young (FL) Engel Moore Schultz Castor (FL) Hinojosa and billions of dollars of revenue to the Eshoo Moran Waters Giffords Marchant United States. This is a job-killing pro- Farr Murphy (CT) Watt posal. This is an issue that needs to be Fattah Nadler Waxman b 1605 addressed carefully and in great detail. Filner Napolitano Weiner Frank (MA) Neal Welch Ms. HERRERA BEUTLER, Messrs. A rush to impose new taxes and fees Fudge Olver Wilson (FL) through a motion to recommit is hasty Garamendi Pallone Woolsey GRAVES of Georgia, CHANDLER, and and unwise. We ought to let the com- Green, Al Pascrell Wu SMITH of Nebraska changed their vote mittees of jurisdiction address this Grijalva Pastor (AZ) Yarmuth from ‘‘yea’’ to ‘‘nay.’’ issue. I strongly, in the strongest NAYS—249 Messrs. CLARKE of Michigan, CAR- NEY, LEWIS of Georgia, SCHIFF, terms, encourage my colleagues to vote Adams Calvert Fincher against this ill-conceived motion to re- Aderholt Camp Fitzpatrick TIERNEY, and Ms. KAPTUR changed commit. Akin Campbell Flake their vote from ‘‘nay’’ to ‘‘yea.’’ Mr. ROGERS of Kentucky. I yield Alexander Canseco Fleischmann So the motion to recommit was re- Altmire Cantor Fleming back the balance of my time. Amash Cardoza Flores jected. The SPEAKER pro tempore. Without Austria Carter Forbes The result of the vote was announced objection, the previous question is or- Bachmann Cassidy Fortenberry as above recorded. Bachus Chabot Foxx The SPEAKER pro tempore. The dered on the motion to recommit. Barletta Chaffetz Franks (AZ) There was no objection. Barrow Chandler Frelinghuysen question is on the passage of the joint The SPEAKER pro tempore. The Bartlett Coble Gallegly resolution. question is on the motion. Barton (TX) Coffman (CO) Gardner The question was taken; and the Bass (NH) Cole Garrett The question was taken; and the Benishek Conaway Gerlach Speaker pro tempore announced that Speaker pro tempore announced that Berg Costa Gibbs the ayes appeared to have it. the noes appeared to have it. Biggert Cravaack Gibson RECORDED VOTE Bilbray Crawford Gingrey (GA) Mr. KEATING. Madam Speaker, on Bilirakis Crenshaw Gohmert Mr. ROGERS of Kentucky. Madam that I demand the yeas and nays. Bishop (UT) Cuellar Gonzalez Speaker, I demand a recorded vote. The yeas and nays were ordered. Black Culberson Goodlatte A recorded vote was ordered. The SPEAKER pro tempore. Pursu- Blackburn Davis (KY) Gosar Bonner Denham Gowdy The SPEAKER pro tempore. This ant to clause 8 and clause 9 of rule XX, Bono Mack Dent Granger will be a 5-minute vote. this 15-minute vote on the motion to Boren DesJarlais Graves (GA) The vote was taken by electronic de- recommit will be followed by 5-minute Boustany Diaz-Balart Graves (MO) vice, and there were—ayes 335, noes 91, Brady (TX) Dold Green, Gene votes on passage of the joint resolu- Brooks Dreier Griffin (AR) not voting 6, as follows: tion, if ordered; and approval of the Broun (GA) Duffy Griffith (VA) [Roll No. 154] Buchanan Duncan (SC) Grimm Journal, if ordered. AYES—335 The vote was taken by electronic de- Bucshon Duncan (TN) Guinta Buerkle Ellmers Guthrie Ackerman Akin Austria vice, and there were—yeas 176, nays Burgess Emerson Hall Adams Alexander Baca 249, not voting 7, as follows: Burton (IN) Farenthold Harper Aderholt Altmire Bachus

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.076 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1428 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Barletta Franks (AZ) McIntyre Stearns Turner Westmoreland largest student-run philanthropy in the Barrow Frelinghuysen McKeon Stivers Upton Whitfield world, with 700 dancers, more than 300 Bartlett Gallegly McKinley Stutzman Van Hollen Wilson (SC) Barton (TX) Gardner McMorris Sullivan Walberg Wittman supporting organizations, and more Bass (NH) Garrett Rodgers Terry Walden Wolf than 15,000 volunteers involved in the Benishek Gerlach Meehan Thompson (CA) Walsh (IL) Womack annual event. Thompson (PA) Walz (MN) Berg Gibbs Mica Woodall Since 1977, THON has raised more Berkley Gibson Michaud Thornberry Webster Yoder Tiberi Weiner than $78 million for The Four Dia- Biggert Gingrey (GA) Miller (FL) Young (AK) Tipton Welch Bilbray Gonzalez Miller (MI) Young (IN) monds Fund at the Penn State Hershey Bilirakis Goodlatte Miller (NC) Tsongas West Children’s Hospital. This year, THON Bishop (GA) Gosar Miller, Gary NOES—91 Bishop (NY) Gowdy Moran 2012 took place from February 17–19. At Bishop (UT) Granger Mulvaney Amash Hanabusa Paul this year’s event, Penn State York Black Graves (GA) Murphy (CT) Andrews Hastings (FL) Payne broke its own record, raising $17,160.71, Blackburn Graves (MO) Murphy (PA) Bachmann Hinchey Pelosi the largest amount that has ever been Blumenauer Green, Al Myrick Baldwin Hirono Rangel Bonner Green, Gene Neugebauer Bass (CA) Honda Richardson raised for THON, and it made it to the Bono Mack Griffin (AR) Noem Becerra Jackson (IL) Richmond top 10 in fundraisers among the Penn Boren Griffith (VA) Nugent Berman Johnson (GA) Roybal-Allard State campuses. Boswell Grimm Nunes Brown (FL) Johnson, E. B. Rush THON has helped so many families Boustany Guinta Nunnelee Capuano Jones Ryan (OH) Brady (PA) Guthrie Olson Carson (IN) Kaptur Sa´ nchez, Linda through The Four Diamonds Fund, and Brady (TX) Hall Owens Chu King (IA) T. this critical support for pediatric can- Braley (IA) Harper Palazzo Clarke (MI) Kucinich Sanchez, Loretta cer research has enabled some pedi- Brooks Harris Pastor (AZ) Clarke (NY) Lee (CA) Schakowsky Broun (GA) Hartzler Paulsen Clay Lewis (GA) Serrano atric cancer survival rates to increase Buchanan Hastings (WA) Pearce Cleaver Lofgren, Zoe Stark to nearly 90 percent. Bucshon Hayworth Pence Clyburn Lynch Sutton I want to congratulate the Penn Buerkle Heck Perlmutter Cohen Markey Thompson (MS) State University IFC/Panhellenic Burgess Heinrich Peters Conyers Matsui Tierney Burton (IN) Heller Peterson Cummings McCollum Tonko Dance Marathon on its continued suc- Butterfield Hensarling Petri Davis (IL) McDermott Towns cess in support of The Four Diamonds ´ Calvert Herger Pingree (ME) DeLauro McGovern Velazquez Fund and for their amazing, record- Edwards McNerney Visclosky Camp Herrera Beutler Pitts breaking total for this year’s event. Campbell Higgins Platts Ellison Meeks Wasserman Canseco Himes Poe (TX) Farr Miller, George Schultz f Cantor Holden Polis Filner Moore Waters Capito Holt Pompeo Frank (MA) Nadler Watt DEAD BABIES DESERVE JUSTICE Fudge Napolitano Waxman Capps Hoyer Posey (Ms. JACKSON LEE of Texas asked Cardoza Huelskamp Price (GA) Garamendi Neal Wilson (FL) Gohmert Olver Woolsey Carnahan Huizenga (MI) Price (NC) and was given permission to address Grijalva Pallone Wu Carney Hultgren Quayle the House for 1 minute and to revise Gutierrez Pascrell Yarmuth Carter Hunter Quigley and extend her remarks.) Cassidy Hurt Rahall NOT VOTING—6 Ms. JACKSON LEE of Texas. Mr. Chabot Inslee Reed Chaffetz Israel Rehberg Castor (FL) Hanna Marchant Speaker, yesterday I came to the floor Chandler Issa Reichert Giffords Hinojosa Young (FL) of the House, and I think I was genu- Cicilline Jackson Lee Renacci b 1614 inely pleading with my colleagues in Coble (TX) Reyes responding to the tragedy of an inci- Coffman (CO) Jenkins Ribble Ms. WATERS changed her vote from dent that occurred last Thursday, when Cole Johnson (IL) Rigell ‘‘aye’’ to ‘‘no.’’ Conaway Johnson (OH) Rivera a person who was supposed to have Mr. COSTELLO changed his vote Connolly (VA) Johnson, Sam Roby been attending to seven babies under 3 from ‘‘no’’ to ‘‘aye.’’ Cooper Jordan Roe (TN) years old now has been found allegedly Costa Keating Rogers (AL) So the joint resolution was passed. to have left to have gone grocery shop- Costello Kelly Rogers (KY) The result of the vote was announced Courtney Kildee Rogers (MI) ping, to have come back to a grease as above recorded. Cravaack Kind Rohrabacher fire in the kitchen, and to have found Crawford King (NY) Rokita A motion to reconsider was laid on that four babies, 3 and under, were Crenshaw Kingston Rooney the table. Critz Kinzinger (IL) Ros-Lehtinen killed. Crowley Kissell Roskam f Two are now in the burn unit. These Cuellar Kline Ross (AR) are possibly babies supported by Fed- Culberson Labrador Ross (FL) THE JOURNAL eral funding for child care—by someone Davis (CA) Lamborn Rothman (NJ) The SPEAKER pro tempore. Pursu- Davis (KY) Lance Royce 22 years old and licensed by the State ant to clause 8 of rule XX, the unfin- DeFazio Landry Runyan of Texas. In all we do to provide fund- DeGette Langevin Ruppersberger ished business is the question on agree- ing for desperate parents, can we at Denham Lankford Ryan (WI) ing to the Speaker’s approval of the least expect the criteria to be reason- Dent Larsen (WA) Sarbanes Journal, which the Chair will put de DesJarlais Larson (CT) Scalise able? novo. Deutch Latham Schiff Now we have the District Attorney’s Diaz-Balart LaTourette Schilling The question is on the Speaker’s ap- Office indicating that they can’t find Dicks Latta Schmidt proval of the Journal. Dingell Levin Schock the suspect, that he has fled because Pursuant to clause 1, rule I, the Jour- Doggett Lewis (CA) Schrader they waited 3 days to file any charges Dold Lipinski Schwartz nal stands approved. against someone who was responsible Donnelly (IN) LoBiondo Schweikert f Doyle Loebsack Scott (SC) for four dead babies. We understand Dreier Long Scott (VA) b 1620 they have asked the U.S. Marshal. We Duffy Lowey Scott, Austin don’t even know whether they have Duncan (SC) Lucas Scott, David CONGRATULATING THE PENN asked the State Department to help. Duncan (TN) Luetkemeyer Sensenbrenner STATE IFC/PANHELLENIC DANCE Ellmers Luja´ n Sessions It is a crying shame, and I am get- MARATHON Emerson Lummis Sewell ting to the bottom of it. Dead babies Engel Lungren, Daniel Sherman (Mr. THOMPSON of Pennsylvania Eshoo E. Shimkus deserve justice. Farenthold Mack Shuler asked and was given permission to ad- f Fattah Maloney Shuster dress the House for 1 minute and to re- Fincher Manzullo Simpson vise and extend his remarks.) SHERIFFS ON THE BORDER Fitzpatrick Marino Sires Flake Matheson Slaughter Mr. THOMPSON of Pennsylvania. (Mr. POE of Texas asked and was Fleischmann McCarthy (CA) Smith (NE) Madam Speaker, the Penn State IFC/ given permission to address the House Fleming McCarthy (NY) Smith (NJ) Panhellenic Dance Marathon, referred for 1 minute.) Flores McCaul Smith (TX) to as THON, is a yearlong effort to Mr. POE of Texas. Mr. Speaker, it Forbes McClintock Smith (WA) Fortenberry McCotter Southerland raise funds and awareness for the fight has been 5 months since David Hartley Foxx McHenry Speier against pediatric cancer. THON is the was brutally murdered by pirates on

VerDate Mar 15 2010 03:09 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.014 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1429 Falcon Lake. His body remains miss- with your family at the kitchen table of something that some might affec- ing, and those responsible for this bor- and say, Okay, for every dollar we tionately refer to as ObamaCare, I der murder remain at large. spend, 40 cents is borrowed. We’re guess officially we would say the Pa- Shamefully, the only American peace going to have to change our purchasing tient Protection and Affordable Care officer apparently still working on this habits. Act. Some people struggle with the ac- case is Sheriff Sigi Gonzalez of Zapata That’s what American families do; ronym of PAPA Care. Whatever you County. He has identified four of the that’s what farmers do; that’s what call it, this health care reform act that seven shooters as Zeta Cartel members. small businesses do each and every was passed last year is something that At least there’s still somebody on the day. Yet, for some reason, the U.S. a preponderance of the American peo- case. Congress thinks it can defy gravity and ple have been and continue to be op- The local sheriffs cannot do the job not worry about this deficit, which is posed to. that they are supposed to do of pro- now $1.5 trillion. The debt is nearly 90 Mr. Speaker, as the designee of the tecting their counties while doing the percent of the GDP, and we owe much majority, I am taking this opportunity Federal Government’s job of protecting of this money to China. during this hour to talk a little bit the border as well. Sixty-five Ameri- We have got to make tough decisions. more specifically about why we feel the cans were murdered in Mexico last It is not time for partisan politics. We way we feel, why the American peo- year, and not one case has been solved. need to come together as Democrats ple—why our constituents—keep tell- Unfortunately, some of the Mexican and Republicans and do what American ing us even a year later they are still border law enforcement personnel are families, farmers and small businesses worried about it and are opposed to it in cahoots with the drug cartels. That do every day, every year. We need to after President Obama signed the Pa- relationship breeds incompetence and reduce spending and turn this ship tient Protection and Affordable Care corruption. around. Act into law. I think the bill number Until the FBI, the State Department f was 3590. That’s what we’re going to be and Homeland Security get fully en- spending our time on here in the next REPORT ON RESOLUTION PRO- gaged in the murders of Americans in hour. We will be discussing that issue. Mexico, it will be the responsibility of VIDING FOR CONSIDERATION OF b 1630 local sheriffs to keep the peace on the H.R. 662, SURFACE TRANSPOR- border. TATION EXTENSION ACT OF 2011 I have a number of my colleagues, And that’s just the way it is. Mr. SESSIONS, from the Committee Mr. Speaker, who are members of the GOP House Doctors Caucus. Now, in f on Rules, submitted a privileged report (Rept. No. 112–20) on the resolution (H. that Doctors Caucus, we have all THE STATE OF OUR ECONOMY Res. 128) providing for consideration of health care providers—not all M.D.s, a (Mr. BARLETTA asked and was the bill (H.R. 662) to provide an exten- lot of M.D.s, but we also have some given permission to address the House sion of Federal-aid highway, highway dentists. We have a clinical Ph.D. psy- for 1 minute and to revise and extend safety, motor carrier safety, transit, chologist, and now, with our new fresh- his remarks.) and other programs funded out of the man class, we have three registered Mr. BARLETTA. Mr. Speaker, last Highway Trust Fund pending enact- nurses on our side of the aisle, Mr. week I had a chance to gain feedback ment of a multiyear law reauthorizing Speaker. So the Republican GOP Doc- from my neighbors in Pennsylvania’s such programs, which was referred to tors Caucus is growing, growing almost 11th Congressional District, and what I the House Calendar and ordered to be double in the 112th Congress as com- heard should concern us all. printed. pared to the 111th. So many of my col- From my ‘‘Home to House’’ town hall f leagues in the Doctors Caucus will be forum to the numerous meetings I held part of this discussion. all over the district, my constituents REPORT ON RESOLUTION PRO- I would like to point out to my col- are deeply concerned with the state of VIDING FOR CONSIDERATION OF leagues on both sides of the aisle a cou- our economy and its effect on our com- H.R. 4, SMALL BUSINESS PAPER- ple of slides before yielding time to the munities. WORK MANDATE ELIMINATION other members of the Doctors Caucus. Just one week after I submitted an ACT OF 2011 This first slide that I’m pointing out to amendment to restore $42 million to Mr. SESSIONS, from the Committee you—GOP Doctors Caucus, of course— the Community Development Fund, I on Rules, submitted a privileged report ‘‘ObamaCare hurts States and pa- had the chance to get a firsthand look (Rept. No. 112–21) on the resolution (H. tients.’’ at some of the food banks and after- Res. 129) providing for consideration of I know that a lot of the discussion school programs that benefit from this the bill (H.R. 4) to repeal the expansion today will be about the strain that cer- critical resource. I also had the oppor- of information reporting requirements tain provisions of this bill place on our tunity to hear from many who share for payments of $600 or more to cor- 50 States, not just my home State of my apprehension about spending reduc- porations, and for other purposes, Georgia. I do want to talk a little bit tions to the Low Income Home Energy which was referred to the House Cal- about that and the strain that my Gov- Assistance Program, LIHEAP. I endar and ordered to be printed. ernor and the members of the Georgia learned that 3,036 requests for LIHEAP f General Assembly are experiencing in grants were received from Wilkes- trying to balance a budget when they THE DOCTORS CAUCUS Barre and Hazleton in the past 2 have all this added requirement under months alone. The SPEAKER pro tempore (Mr. the sections pertaining to Medicaid. So I thank all of those who have made GRIFFITH of Virginia). Under the that’s what I mean when I say in this the effort to share their thoughts and Speaker’s announced policy of January slide the GOP Doctors Caucus feels concerns with me, and I look forward 5, 2011, the gentleman from Georgia that ObamaCare hurts States, and cer- to receiving more feedback in the fu- (Mr. GINGREY) is recognized for 60 min- tainly potentially hurts patients. ture. utes as the designee of the majority I’d ask my colleagues to also—again, f leader. on both sides of the aisle, because our Mr. GINGREY of Georgia. Mr. Speak- purpose here is to inform. We’re not to TURN THIS SHIP AROUND er, I thank you, and I thank Speaker be overly critical, but I think it’s very (Mr. KINGSTON asked and was given BOEHNER and my leadership for giving important that we state the facts as we permission to address the House for 1 me an opportunity and my colleagues see them, as we know them. minute and to revise and extend his re- an opportunity during this next hour In this slide a little bit further to my marks.) to talk about something that, yes, in- left, ‘‘ObamaCare,’’ it says, if you can’t Mr. KINGSTON. Mr. Speaker, imag- deed, is still fresh on everybody’s see it, ‘‘You can have whatever you ine in your own household if, for every minds. like as long as the boss approves it.’’ dollar you spent, 40 cents was bor- That is, of course, the passage on And the boss, if you remember from rowed. Obviously, you would sit down March 23, 2010, almost a year ago now, that pretty popular TV series ‘‘The

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.084 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1430 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Dukes of Hazard,’’ that would be Boss there’s no problems with it whatsoever. you’re on Medicare, and if you’re unin- Hogg. Now, if you’re wondering who But as I logged on and, say, read the sured. I’m referencing in regard to ‘‘the boss,’’ Boston Globe, I learned different Now, it’s so counterintuitive that I’m referencing the Federal Govern- things. being on Medicaid is worse than being ment, Mr. Speaker, not any individual, First, I learned that Massachusetts, uninsured in terms of outcomes. Clear- but the Federal Government. which has already implemented a pro- ly, this is an issue that has to be stud- It was said many times in the mark- gram like this, the amount of money ied further, but it certainly calls into up of this bill and the lead-up to this spent on health care has gone from 21 question the very premise of using bill—which, as I say, we call percent of the State budget in the year Medicaid as the basis for health care ObamaCare—‘‘You can have whatever 2000 to 37 percent now. So from 21 per- reform. you like as long as the boss approves cent to 37 percent is the amount the Just to make a point, under the Af- it.’’ And just in this year alone, the State of Massachusetts is now spending fordable Care Act—or the unaffordable boss—and the boss in this instance hap- on health care. Well, you can only care act—many people are insured; 20 pens to be Secretary Sebelius and the imagine the crowd-out effect that has million Americans are put on Medicaid Department of Health and Human on spending for other issues. as a way for them to be now insured. Services—has had to grant—now listen Well, the Governor again, as he went b 1640 on and praised their program, said that to this, my colleagues—has had to And yet if we see that it’s bank- there has been no problems paying for grant 733 waivers to make sure that rupting States, it’s clearly not afford- this pledge of ‘‘if you like what you it. Well, as it turns out, and according able. If we see that because it’s not af- have you can keep it’’; otherwise, with- to the paper, there’s about a $1.5 billion fordable States are now denying access out those waivers, you couldn’t—733 of to $2 billion shortfall in the Massachu- to care, as is the case in Massachu- them. setts budget. And in Massachusetts, setts, and the care that is provided is So this is what we’re going to talk the Governor of Massachusetts has said of problematic quality, we can say to about tonight, and I thank my col- that the Medicaid spending is ourselves that this is not the basis for leagues for being on the floor and join- unsustainable. Hmm, that’s different. reform. It’s like the antithesis of re- ing with me. So this is, if you will, the beta version form. At this point, one of the members of of the Affordable Care Act—or as I call So I will yield back to you, Dr. the GOP Doctors Caucus, in his second it, the unaffordable care act. This is GINGREY, just pointing out that this term, a gastroenterologist of a number the beta version of it, but it gives us an not only involves health care but also of years practicing in Louisiana, my idea of what our future is going to be involves our ability as a State to afford good friend, Representative and Doctor like. other things, like roads and education. BILL CASSIDY. Now, in order to deal with these And to use that State government-Fed- Mr. CASSIDY. Thank you, Dr. costs—again, I’m quoting the Globe—it eral Government program as a basis for GINGREY. says that ‘‘most recently dental bene- reform does not serve patients, does Now, Dr. GINGREY, I’m struck. Some- fits have been slashed for hundreds of not serve the States. times folks think that when we speak thousands of Massachusetts Medicaid Mr. GINGREY of Georgia. I thank about health care, we’re only speaking patients and they have lost access to the gentleman from Louisiana, Mr. about health care. That seems kind of their dentists.’’ Speaker. a simplistic statement. But let’s think Now, by the way, the goals of health At this time, I want to yield a little about it. care reform are to provide affordable, bit of time to our colleague, a freshmen Right now, States are having these quality health care that is accessible Member, a new member of the Doctors huge budget crises. We see in Wisconsin to all; but if you can’t afford it, you Caucus, a registered nurse from the where there’s a protest. We see in some eventually lose access. And I think great State of North Carolina, RENEE States where there may be as much as what we found in Massachusetts is that ELLMERS. Representative ELLMERS has a $10 billion budget deficit. In my State the inability to afford is, of course, de- worked in a medical practice with her of Louisiana, there is a $1 billion to $2 creasing access. And it’s not just the husband, who is an M.D., and we look billion budget deficit. And if you think fact that these folks lost access to forward to her comments. about this a little bit deeply, you un- their dentists. Last year, folks who are And at this time, I yield as much derstand that this can be related to recent immigrants to the United time as she may use to RENEE health care. States who have been enrolled upon ELLMERS. Now, specifically, for Medicaid. Med- Medicaid in Massachusetts were Mrs. ELLMERS. Thank you. icaid, for those watching who are unfa- disenrolled. So, if you will, this Massa- I’d like to just contribute a little bit miliar with it, is a combined program chusetts Medicaid program that has more on the overall burden that in which the State puts up some money grown from 21 percent of the Massachu- ObamaCare places on our States in cov- and the Federal Government puts up setts budget to 37 percent and still ering patients on Medicaid. some of the money, and with this it is growing, now the cost is being con- As we’ve seen, this has grown, espe- used to care for the elderly, for preg- trolled by denying access. cially with the recession and the undue nant women, for children, typically Now, we also mentioned a third goal costs to our States’ budgets to provide people of low income. Well, as it turns of health care reform, which is quality Medicaid at no cost sharing from the out, it is this program which is bank- care. You know, there’s actually now patients. I think that this is a key rupting the States. In a State, if you’re concerns about the quality of health issue. It’s basically free health care for paying this amount for health care and care afforded by Medicaid. If you will, those individuals at taxpayer expense. this amount for roads and this amount there’s a study recently reported in the And it’s just a huge strain on our for education, as the amount for health Archives of Surgery in which someone States’ budgets, as my colleague has care increases, you either raise taxes looked at the outcomes of patients cov- pointed out. or you decrease spending on the other ered by Medicaid, Medicare, private in- One of the key factors—and very im- areas. Now, as it turns out, this has surance, or uninsured. As it turns out, portant, certainly very important in had tremendous impact. they say, of all four groups, the cost health care—are the preventative man- Today, the Governor of Massachu- and length of stay associated with dates. Certainly preventative medicine setts came and spoke to one of our Medicaid was longer than the rest. is a way that we can all heal, that we committees regarding the impact of Also, mortality rates—now, that’s a can all be looking for those issues that their health care program, which is way to say how many people die. Mor- can down the road prevent excessive very similar to the bill just passed last tality rates associated with uninsured, costs. But such things as no copays or Congress, in Massachusetts, and I was Medicare, private insurance, and Med- deductibles for colonoscopies, mammo- struck by what a nice view he gave. If icaid was highest for Medicaid. So if grams, such things like this is there you heard Governor Patrick speak—I you had Medicaid, you had a higher again, an undue cost to our States at didn’t have a chance to ask him ques- death rate from your hospitalization taxpayer expense. It’s just too much of tions, but if you heard him speak, than if you’re on private insurance, if a burden.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.087 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1431 You know, I want to help everyone. I how incredibly difficult it would be to Mr. BUCSHON. Thank you, Dr. think that everyone should be able to put this in place. And, you know, this GINGREY. have health care. As we know, if you isn’t yet another situation where the Mr. Speaker, I rise today to talk pull up to an emergency room in any good intentions and well-meaning in- about how ObamaCare will hurt my hospital across the country, you will tentions that are put forward to help State and ultimately hurt my patients. receive health care. So the misnomer this situation are just truly not the an- And I would like to start with an ex- that there are those individuals who swer. ample of the Medicaid program. are not receiving health care is really You know, basically, how do we in- As a cardiothoracic surgeon in an untrue statement. crease the access to health care cov- Evansville, Indiana, I see a lot of pa- Now, of course, you’re going to re- erage? Medicaid is not the route to tients from neighboring States because ceive a bill for that care. And I think take. There again, it passes too much we’re right in the corner next to Illi- that just as if you go to the grocery cost on to our States and it is not—it nois and Kentucky. store and you have your cart full of is an imperfect situation. And I’ll ex- groceries when you check out, you pand a little bit on the Congressional have to pay for it. It’s the same thing Budget Office numbers. b 1650 with health care. Health care is a busi- Very conservative estimates indicate Many of these patients are Medicaid ness, and someone has to pay for it. Federal spending for Medicaid is ex- patients and, without treatment, face But when we continuously pass this pected to reach $427 billion by 2019. And grave results. However, every year the cost on to our taxpayers and, of course, the Congressional Budget Office notes Illinois Medicaid program runs out of our State budgets, it is just unbeliev- the program will consume more than 4 money in September, October. They ably difficult; and, of course, that is percent of GDP by 2050. don’t have enough money to fund the what ObamaCare does. It increases the You know, one of the unintended entire year. And what does that mean? number of patients on Medicaid, and it consequences to this—you know, we That means that without denying any is just an unsustainable cost. were talking about some of these bad patients care that they need and de- Mr. GINGREY of Georgia. If the gen- situations, poor outcomes. One of the serve, my practice was forced to delay tlelady would let me reclaim my time things that we’re seeing right now, un- billing to the Medicaid system of Illi- for just a second, and then I will yield fortunately, in health care as we move nois. And then once the new fiscal year back to her. into this transition into ObamaCare is came into play, about 50 percent of Colleagues, look at this first slide the decrease in Medicaid reimburse- those claims were subsequently denied again, the heading, ‘‘Who Is the Boss?’’ ments to physicians. They’re not very by Illinois Medicaid. So those patients And of course we’ve already talked good to begin with, and I would say that came over for our services, they about Boss Hogg. And I said at the out- that that’s probably going to decrease don’t have quality health insurance, set, the Federal Government is the to doctors and hospitals as we decrease Mr. Speaker. boss. But there are one, two, three, the reimbursement to hospitals espe- Some physicians in my community four, five bullet points under that. And cially. don’t even bother to bill the Medicaid This will basically—we were talking this is really what Representative program in some States at all. This is about the possibility of rationing of ELLMERS is referring to in regard to an example of the broken Medicaid sys- care and knowing that this is down the the Federal Government putting all of tem, a system that has many issues fo- line and the quotes, of course, that we these mandates onto the State budgets. cusing on the access to quality health 159 new boards, agencies, and com- see from Centers for Medicare & Med- care. And it was said earlier you see missions created by ObamaCare to sup- icaid. But basically what we’re seeing the outcome difference between Med- port the boss, the government—159 new here is that physicians will be forced to icaid and private insurance patients be- boards. Sixteen thousand new IRS have to stop taking Medicaid patients. cause we have an access and quality agents help the boss, the government, As we all know, physician offices are problem with these patients, a system enforce the new law. That’s a report businesses. They’re small business that ObamaCare will break even more from the House Ways and Means Com- owners. They have staff that they have by adding millions of Americans to the mittee. to pay. They have payroll that they States’ Medicaid rolls. It’s estimated The Secretary of Health and Human have to meet. And, unfortunately, that this may cost the State of Indiana Services, Kathleen Sebelius, under this when faced with a situation like this— as much as $3.6 billion to cover these law, this 2,400-page monstrosity, is we’re already seeing it with Medicare folks. given broad new powers to run as well; physicians, you know, having ObamaCare—rulemaking, regulatory to dial back on the number of Medicare From Indiana we have an innovative authority. No wonder the doctors and and Medicaid patients that they’re see- and effective solution, and that’s called their patients are scared to death. ing. This ultimately will not help the the Healthy Indiana Plan. Beginning in And then, of course, the new Director situation and get that health care for January 2008, uninsured Hoosiers be- of CMS, the Committee on Medicare the American public that we’re looking tween the ages of 19 and 64 started en- and Medicaid Services, Dr. Donald Ber- for. rolling in this plan, a consumer-driven wick, a brilliant man, a Harvard- If this is the answer—well, let’s just health care plan. The Healthy Indiana trained doctor, M.D., written several say it’s not the answer. We’re creating Plan operates on an 1115 demonstration books. Unfortunately, in those books, another problem with this solution. waiver from CMS, the Center for Medi- Mr. Speaker, he talks about rationing And once again, how will we deal with care and Medicaid Services. Due to the of care. This is a paraphrase of a quote: that down the road, with these incred- program’s success, the State of Indiana It’s not if we ration; it’s how we ration. ibly large numbers of costs that we’re would like to use the Healthy Indiana And, again, these are the things that passing on to our taxpayers? Plan as a coverage vehicle for the we have great fear of. Mr. GINGREY of Georgia. Reclaim- newly eligible population under The CBO actually, in this last bullet ing my time, Mr. Speaker, again, I ObamaCare. This has been requested by point, Congressional Budget Office, thank the gentlewoman from North my State Department of Health and nonpartisan, says it will cost between Carolina and hope she’ll stay with us Human Services, but to this point we $5 billion and $10 billion just to hire all during the remaining portion of the have not heard a response about wheth- of these new employees needing to help hour, and I’d like to yield additional er this will be possible. And I am hop- the boss, the government, run time to her later in the hour. ing that we get a response in the posi- ObamaCare. At this time, I would like to yield to tive direction because this is a great Mrs. ELLMERS. I would like to ex- another freshman Member, another program. pand on some of the points that you’re physician Member, Mr. Speaker, and The plan is for citizens that earn less making there. also I’m proud that he is a member now than 200 percent of the Federal poverty We’re basically talking about the of the House GOP Doctors Caucus. And level and works on a sliding scale for same issues, and we can see what an in- I will yield time now to my good friend individual contributions, based on the crease in costs this is going to be and from Indiana, Dr. LARRY BUCSHON. ability to pay, that cannot exceed more

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.089 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1432 CONGRESSIONAL RECORD — HOUSE March 1, 2011 than 5 percent of his or her gross fam- pital, hospice, preventive services, family For more information: www.HIP.in.gov. ily income. Each participant is en- planning, and case and disease management. Mr. GINGREY of Georgia. I think, rolled in a health savings account val- Mental health coverage is similar to cov- Mr. Speaker, the good doctor is point- erage for physical health, and includes sub- ued at about $1,100, and will not make stance abuse treatment, inpatient, out- ing out some things that our col- copays except for non-emergency use of patient, and drugs. leagues on both sides of the aisle and the emergency room. And believe it or HIP does not cover vision or dental. HIP the American people need to under- not, this program reimburses providers also does not cover pregnancy services, as stand. This plan that was just de- at a Medicare, not Medicaid, level. This these services are available through the ex- scribed to us by Representative gives citizens a financial incentive to isting Medicaid program. BUCSHON, the Healthy Indiana Plan, adopt healthy lifestyles and personal WHY A POWER (HSA) ACCOUNT? it’s so typical of what the States are responsibility to make their own Personal Wellness and Responsibility capable of doing, Mr. Speaker, if health care decisions. (POWER) Accounts give participants a finan- they’re allowed to do that. Healthy Indiana Plan is an innova- cial incentive to adopt healthy behaviors But we have great concerns, and tive, market-based, consumer-driven that keep them out of the doctor’s office. when I say ‘‘we,’’ I am talking about When they do seek health care, participants plan that is working. In a recent sur- will seek price and quality transparency so the governors of all 50 States, be they vey, 94 percent of Healthy Indiana Plan they can make value conscious decisions. Republican or Democrat, and the terri- participants are satisfied with the pro- If all age and gender appropriate preven- tories, to be told by the boss, again, gram, and 99 percent indicated they tive services are completed, all (State and that, no, you can’t be an incubation would re-enroll. There is data in the individual) remaining POWER Account funds center, you cannot be innovative in re- fact sheet that I have included in the will rollover to offset the following year’s gard to developing a health care plan contribution. If preventive services are not CONGRESSIONAL RECORD showing the for those who can’t afford to purchase completed, only the individual’s prorated health insurance on their own and they success of this plan both for patients contribution (not the State’s portion) to the and for the State of Indiana. account rolls over. qualify for safety-net programs like It’s a commonsense, market-based the Federal-State shared program Med- PROGRAM RESULTS & PERSONAL solution to a broken Medicaid system RESPONSIBILITY icaid. that ObamaCare does nothing to fix, HIP members, in general, have dem- And the States, Indiana, my own but only further burdens my State, and onstrated the personal responsibility empha- State of Georgia, Governor Herbert tes- all States, and will ultimately con- sized by the program. tified before the Energy and Commerce tinue to hurt patients’ access to qual- Lower ER Use: Some HIP members do not Committee today in regard to what he ity health care in America. So I would make POWER account contributions due to is doing in Utah. In fact, they had al- urge everyone to review what the State CMS income-counting guidelines. HIP mem- ready set up exchanges at the State of Indiana has done with its Healthy bers required to make POWER account con- level 5 or 6 years ago, long before this tributions: 9% decrease in ER use in 3 Patient Protection Affordable Care Act Indiana Plan. months; 15% decrease in ER use after 6 With that, Dr. GINGREY, I thank you. months. HIP members not required to make even was on the drawing board. The Healthy Indiana Plan is a consumer- POWER account contributions: Initial 5% But when you have things in the bill, driven health care plan for uninsured Hoo- decline in ER use after 3 months; no addi- when the boss writes a section of the siers between the ages of 19–64. The program tional decline in ER use. bill that says States, it doesn’t matter began enrollment in January 2008, and oper- High Generic Drug Utilization: that you have to balance your budget, ates under an 1115 demonstration waiver HIP generic drug utilization: 80%; com- we don’t at the Federal level, but we’re from the Centers for Medicare and Medicaid parable commercial population: 65%. going to dictate to you that you’re High Use of Preventative Care: 76% of HIP services (CMS). During the first two years of going to have to start covering Med- the program, HIP served 61,797 Hoosiers. members received their required annual icaid constituency up to 138 percent of WHO IS COVERED? physical in the first year of the program. Use of preventive services was significantly high- the Federal poverty level. We’re going HIP is for uninsured Hoosier adults be- er than the traditional Medicaid population to put that into law. That’s part of this tween the ages of 19–64. Parents or caretaker in Indiana: 445.4 well care visits per 1,000 relatives of children in the Hoosier new law ObamaCare. And you have no (HIP caretaker adults); 281.8 well care visits Healthwise (CHIP) program are likely can- choice. Now, we’re going to give you a per 1,000 (HIP childless adults); 195.2 well didates for HIP. little breathing room, and we’re going care visits per 1,000 (Indiana Medicaid Eligibility Requirements: 1. Earn less than to say it’s not going to start for a cou- adults). 200% of the federal poverty level (FPL). A Strong Personal Responsibility: 97% of ple of years, indeed January of 2014 you single adult earning less than $20,000 or fami- members made their required POWER ac- have got to expand your Medicaid rolls lies of four earning less than $40,000 likely count contributions during program year from the typical State covers 100 per- meet the basic financial requirements. 2. No one. Individuals can be removed from the access to employer sponsored health insur- cent of the Federal poverty level. This program for failure to make POWER Ac- ance coverage. 3. Uninsured for the previous goes up to 138 percent of the Federal count contributions within 45 days. Once re- six months. poverty level. moved from the program, an individual may And the boss says, well, we’ll pay all PLAN STRUCTURE not re-enroll for 12 months. A POWER (Health Savings Account) Ac- High Member Satisfaction: 94% of HIP par- of it with Federal dollars for the first count valued at $1,100 per adult. Contribu- ticipants surveyed said they are satisfied couple years, but we’re going to phase tions to the account are made by the State with the program, and 99% of respondents in- that out. And then, oh, yes, guess what and each participant (based on ability to dicated that they would re-enroll in the pro- happens, the boss adds eventually at pay). No participant pays more than 5% of gram. the end of the day $60 billion to State his/her gross family income. IMPACT OF THE AFFORDABLE CARE ACT Medicaid costs. And also there is a sec- Sliding scale for individual contributions The Affordable Care Act maintenance of tion in the bill, Mr. Speaker, that tells (based on % of gross family income): 0–100% effort requirements turned HIP into an enti- the States, and it’s called maintenance FPL: 2%; 100%–125% FPL: 3%; 125%–150% tlement program for adults. Despite funding of effort, you can’t change one thing FPL: 4%; 150%–200% FPL: 4.5%–5% (Care- limitations (HIP was funded through an in- taker relatives/parental adults in this in- that you currently do in your Medicaid crease in the cigarette tax), the State cannot program to prepare yourself for this come bracket contribute 4.5%, and the child- limit the number of parental enrollees. less adults contribute 5%). Therefore, the State is not currently enroll- tsunami. If you’re covering today 185 No co-pays except for non emergency use ing childless adults on the wait list. percent of the Federal poverty level, of the ED. Due to the success of the program, the you can’t all of a sudden say, well, Providers are reimbursed at Medicare, not State would like to use HIP as the coverage gosh, you know, we’re going to have to Medicaid, rates. vehicle for the newly eligible population. In- lower that to 150 percent and put some PLAN BENEFITS diana has asked for direction from CMS (May oats away and get ready for that real A basic commercial benefits package, once letter to Cindy Mann) and has not received rainy day in 2014. annual medical costs exceed $1,100. any official guidance. We heard from another governor Coverage for preventive services up to $500 The success of the program depends on its a year at no cost to participants. innovative market-based, consumer-driven today in that hearing—there were Services include: physician services, pre- structure. There is concern about whether or three—Governor Deval Patrick of Mas- scriptions, diagnostic exams, home health not CMS will allow the program to continue sachusetts was one, and Governor services, outpatient hospital, inpatient hos- in its current form. Haley Barbour from Mississippi, Mr.

VerDate Mar 15 2010 04:14 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.091 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1433 Speaker, was the other. And Governor TennCare was more than government TennCare. With ballooning budgets for Barbour was saying that a couple of could handle. The government could each State and no way to curb their years ago he instituted a program in not perform all of the functions of the health care costs that will cripple the the State of Mississippi that would medical insurance industry. Promises States during a time of already make sure that people that were on the of care and access were made, and strapped budgets, it’s simply unaccept- Medicaid program were eligible, that promises were far beyond what our able. they deserved to be there. They weren’t State could possibly do. Mr. GINGREY of Georgia. I would eating somebody else’s lunch, as the It didn’t take long before TennCare say it’s unconscionable and unaccept- expression would go. They weren’t ille- became riddled with waste and fraud able. gal immigrants. Their income wasn’t and abuse. I can remember talking Mrs. BLACK. We averted this dis- too high to make them eligible for this with people who had gone from doctor aster in Tennessee by dissolving safety-net program. to doctor and specialist to specialist TennCare and now, as a Member of And of course, Mr. Speaker, as we all using TennCare to fill more than 50 Congress, I will work to stop this fi- know, thank goodness, income from prescriptions. Yes, 50 prescriptions is nancial and fiscal disaster that year to year can get better. We’re still what they would put in front of me and ObamaCare will bring to our Nation. waiting for that to happen. I think tell me that TennCare was paying for, This health care law must be replaced, ObamaCare and some of these other and it was all on the taxpayer’s dime. and I believe this House can do it. policies that we’re seeing over the last TennCare became the monster that Mr. GINGREY of Georgia. I thank 4 years is preventing that from hap- even the creators could not control. the gentlewoman from Tennessee. I pening. So Governor Barbour would Today, TennCare is gutted, only avail- failed to mention, of course, that she is make people come and face to face able to a small group of people, and also a part of our GOP House Doctors verify that they were still eligible from Tennessee has been brought back from Caucus and, as she pointed out, a reg- year to year. As I understand it, this the brink of bankruptcy. istered nurse for many years in a great Last month, Republican Governors rule, this maintenance of effort would Volunteer State, so we appreciate Rep- wrote to ask the administration to prohibit—he has already done it in Mis- resentative BLACK being with us to- ‘‘waive the bill’s costly mandates and sissippi—but in any other State, as an night. grant States the authority to choose example, to make sure your rolls were Before I yield to our next speaker I benefit rules that meet the specific clean and were you covering the people wanted to, Mr. Speaker, go back to this needs of their citizens.’’ The Governors that were eligible and that really need- current chart. I wish I had brought a were asking for commonsense solutions ed that care. magic marker. I didn’t. But I circled like waiving provisions that punished this, I guess, third bullet point because b 1700 consumer-driven plans like the most I think it’s really telling in regard to This is the kind of thing that we are popular plan and the cost-effective what’s happened at the State level as a dealing with, and why we are talking plan of health care savings accounts. consequence of the provisions of about this tonight and why we are Give the States the ability to do what ObamaCare. talking about it so passionately. States can do best, and that is to deter- And this bullet point says the boss, Mr. Speaker, I yield to my colleague mine what’s best for them. the Government, the boss prohibits 16 But the President shows no sign of from Tennessee, Representative DIANE million patients from buying private granting States some flexibility in how BLACK, another new Member, a delight- insurance by trapping them in Med- they will apply ObamaCare. And only ful new Member, also assuming leader- icaid, and that’s really what they have yesterday, President Obama said he is ship positions and going to do a great done, Mr. Speaker. By expanding the supporting letting the States propose job here in the House. Medicaid eligibility from 100 percent of their own health care plans by 2014. Mrs. BLACK. Thank you. Federal poverty to 138, that means that However, that would be only if he will Mr. Speaker, I rise today as a reg- a lot of the folks out there today who not change the mandates for the States istered nurse who worked in emergency are uninsured can’t afford health insur- rooms and caring for patients. I also in the current law. So in one side of his speech he says, ance; they are not eligible, they are rise as a former member of the Ten- yes, he will allow some flexibility. On not poor enough, if you will, to be eli- nessee General Assembly who saw first- the other side he says, there still must gible for their safety net program hand the devastating effects of be certain mandates. known as Medicaid. TennCare on our State and was a part Mr. GINGREY of Georgia. If the gen- In the Federal Government, the boss of the group, of the effort, to dismantle tlewoman would yield, it is kind of like comes along with this idea of letting it. you can keep what you like until you people buy their health insurance in an Finally, I rise today as a representa- can’t. That’s what we are seeing, and exchange in each State, maybe over tive of the Sixth District of Tennessee, that’s why, as I pointed out earlier, the Internet. If they are low income, where my constituents have told me that 733 waivers, just this year in 2011, then they get a Federal subsidy, not a over and over how they do not want had been grant happened by Secretary Federal-State subsidy, but a Federal ObamaCare bankrupting our Nation Sebelius to try to fulfill that promise, subsidy. and getting between them and the doc- but they can’t do it. They can’t keep Well, clearly as the Democratic ma- tor. up with it. There is a need for a new jority and President Obama were Mr. Speaker, I know that the health waiver every day. crafting this thing, they figured out, care industry, and I know that the new Mrs. BLACK. Dr. GINGREY, as you well, you know, if we can shift more of health care law, is not the solution to said, States will still be forced to com- these people into the Medicaid program our problem. Pretty soon, the health ply with benefit levels and mandates where the States have to pick up some care law will be the problem. I know that are set by Federal bureaucrats, of the tab, then we will get them off this because for many of us in Ten- not by the States themselves. That cer- our back. You know, we will lower the nessee, the President’s new health care tainly doesn’t give States rights. cost. We will make this thing work. law is like a bad dream all over again. Secretary of Health and Human Serv- Unfortunately, the poor States, and And let me tell you what I mean. ices Kathleen Sebelius has already said they are poor, all have to balance their Tennessee was the pilot project for uni- that if the State were to propose its budgets, and the Federal Government versal health care and the experiment own plan that they will be forced to doesn’t. That’s why we owe $13.4 tril- was called TennCare. Put simply, the provide comprehensive, comprehensive lion, and now they are even talking experiment failed. coverage, and that coverage will be de- about us wanting to raise the debt ceil- After TennCare passed, we watched fined by government. So much for ing so we can borrow some more the cost grow exponentially, and those being able to keep your plan or for the money. It’s a smoke and mirrors game, of us in the legislature knew that if we States to make a determination on maybe even a Ponzi scheme, in my did not do something, TennCare was what plan best suits them. opinion, Mr. Speaker. going to bankrupt our State and, much Now President Obama wants every Mr. Speaker, at this time, I want to like ObamaCare, the sheer size of State to live through its own version of yield to another member of our GOP

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.092 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1434 CONGRESSIONAL RECORD — HOUSE March 1, 2011 House Doctors Caucus, the gentleman thank him for making sure that I know medical culture. Patients don’t expect from west Tennessee. I don’t know exactly what county and counties he quite as much. It’s not the same sort of whether the area is called Pell Mell or represents. I know it’s a great State thing that we have here. And indeed, Pall Mall—maybe he will describe it to and a great part of the State, and we that is consonant with the fact that us when he stands to speak—but I am are very proud of the good doctor. there isn’t any other country’s dream talking about a fine physician, a fam- At this time, I want to yield to an- necessarily as there is an American ily practitioner, Dr. SCOTT DESJARLAIS. other freshman member of their class Dream. My mother is from England. Mr. DESJARLAIS. Thank you, Dr. of 87 strong. It’s a fantastic class, Mr. She came to this country in 1948 be- GINGREY. I hail from Marion County, Speaker. We are awfully proud of each cause she was very distressed by na- which is South Pittsburg, would be the and every one of the new Members, but tional health care. There is no British hometown. especially those who have that health dream. There is not necessarily a Ger- Before coming to Congress I had the care background, that experience to man dream or Japanese dream. But opportunity to serve the people in Ten- come to this body, to this Chamber and there is an American Dream. nessee as a primary care physician. In to this town and bring some profes- Mr. GINGREY of Georgia. If the gen- 1994 Tennessee embarked on an experi- sional expertise. We don’t have all the tlewoman will yield, Mr. Speaker, what ment with the Medicaid program, answers, Mr. Speaker. And I’m proud of the gentlewoman from New York is ref- which became known as TennCare. Un- these physician colleagues of mine be- erencing is something that I have fortunately, it never accomplished its cause they’re not know-it-alls, but heard from people in other countries goal of improving on the flawed Med- they know what they know and they that have government health insur- icaid system. know it well. ance. And they say, well, I’m real At this point, I would like to yield b 1710 happy with my government health in- time to the gentlewoman from New surance. And I know what’s going on To the contrary, it became a breed- York, an ophthalmologist, Dr. NAN over here. And I’m thinking, my good- ing ground for waste, fraud, abuse and HAYWORTH. ness gracious, you’re happy? What are inefficiency. I witnessed the frustra- Ms. HAYWORTH. Thank you, Mr. you happy about? Well, you get to see tion of my patients, my staff and my- Chairman. the doctor within 5 minutes, and you self as we struggled to combat this bu- I observed, sir, that you have brought always come out with at least three reaucratic web that forced us to spend a sign to the floor that talks about prescriptions. time navigating administrative hurdles stealing America’s liberty. One of the Now, if that’s the definition of suc- rather than focusing on quality care. fundamental problems that I perceive, cess, Mr. Speaker and my colleagues, Another problem that rapidly and I’m not alone in this, but in this that’s not what American, good old evolved was over-utilization of the sys- entire scheme, if you will, that is rep- U.S.A. medicine is all about. It’s time, tem. Often, only one family member resented by the Affordable Care Act, as quality time, spent with that doctor, was ill, but other family members were it has been called, is that there was a and maybe no prescriptions. requesting to be seen simply because it failure to understand the very nature Ms. HAYWORTH. Thank you, and was more convenient than making of American medical care. When it’s at precisely the point that I’m agreeing other arrangements for the non-ill its best, and we recognize—every col- on with you and that I think we all member, such as children, to be cared league of mine, all of my Republican have driven to philosophically is that for elsewhere. This also became, and and medical colleagues have also ap- we need to have solutions that em- continues to be, a problem in the emer- preciated certainly that we want to see power our doctors, our patients and our gency rooms. There is no cost dif- all Americans have access to good, af- providers to do all of them, to have the ference to the patients, so there is no fordable care and to have affordable, best and to do the best. And consumer- disincentive to utilize the ER for non- portable health insurance. That’s not based solutions are possible. Our Doc- emergent care. In fact, this is a na- in dispute. So we honor those goals. tors Caucus is working very hard on tional problem, with up to 80 percent of But the means by which the ACA en- providing those ideas. Real liability re- ER visits being deemed nonemergent. deavors to achieve those goals go form has to be part of this. We cannot This leads to much longer wait times against the grain of the American cul- possibly continue as we have been. in emergency rooms for those patients ture. Our culture is one that has al- That was a glaring omission from the who are critically ill. It should also be ways allowed us to choose, that has al- ACA. noted that ER visits are obviously lowed us to pursue, in terms of our In addition, we need to recognize, ap- much more expensive than office visits, medical care, the very best that the preciate and act upon the knowledge further driving up the cost unneces- world has to offer in terms of innova- that our medical care can cost less. We sarily. tion and quality, motivation, incentive do need to pay attention to costs, but A simple solution to improving the to invent and to do better. The Amer- we need to empower our patients, our problem of over-utilization would be ican medical consumer, our patients, doctors and our providers to use their implementing a nominal copay system expect no less than the best, nor should best judgment, not empower something in which office visits cost something they receive anything less than the like the Independent Payment Advi- like $5 per visit and ER visits might best. sory Board to make those decisions for cost $20. This simple step would likely That’s a very different way of think- us. That is a very dangerous thing and have far-reaching effects to reduce ing about care in a consumer society something that Americans will find costs, over-utilization, and thus in- than is the case in so many other sys- very distressing and disturbing. And crease availability of care for those tems around the world that were cited the inevitable result of the ACA is who need it. We should see TennCare as as exemplars when the ACA was being that, and you can trace it out, but we a warning of the many problems that a formulated. We do not have, I can tell will end up having less choice. The gov- government-run health care model cre- you from my experience with patients ernment will make decisions for us. ates. who have had care, who have lived in They will be decisions we don’t like. There are certainly issues with our Europe for variable periods of time, We need our consumers and our pro- Nation’s health care system that need some Americans who have spent so- viders to be able to make those deci- to be addressed, and the GOP Doctors journs in Europe because of business sions. Caucus has no shortage of good ideas obligations and working with col- Mr. GINGREY of Georgia. Mr. Speak- on how to make health care more af- leagues from Europe, historically it is er, I thank the gentlewoman from New fordable and expand coverage. But rather a different model than we have York, and I appreciate her time. what we stand firm in saying is that here. American doctors are accustomed If my clock watching is accurate, I ObamaCare is not the answer to the to jumping and doing and doing all think we may have 8 to 10 minutes re- problem, but, rather, it creates an even they can and doing it fast, and my col- maining, and I will try to conclude. I bigger problem. leagues can certainly attest to that. would like to see if my colleagues Mr. GINGREY of Georgia. I thank It’s a little bit different sometimes would like to weigh in with additional the gentleman from Tennessee, and I overseas. They have a different kind of comments. We do have time if any of

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.094 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1435 those that are still on the floor would trillions of dollars that don’t work, un- who make these estimates, but the like to bring some more enlightenment fortunately, our young college grad- government estimators at that time into this subject. uates have no job to go to; otherwise, said in 25 years this will be a $15 billion I yield to the gentlewoman from they would have health insurance from program. The actual number was over North Carolina. their place of work. So they darn well $100 billion. And today it is over $500 Ms. ELLMERS. Thank you, Mr. need to stay on their parents’ policy billion. Chairman. until they are 26, and maybe until they In Tennessee, we noticed we had the I think we’ve come to the point now are 36 if we don’t quite get our act to- same problem 20 years ago. We have where we do need to discuss that gether and quit spending and get this been through all of this before. Unfor- ObamaCare is not the answer. We have economy going. tunately, no one here chose to listen to all discussed this over and over again. Let me yield quickly to the gen- us in our Doctors Caucus. We said we I would say that it’s probably a good tleman from Tennessee, Dr. ROE, my had lack of access and we had prices reason that I was elected because I ran OB–GYN colleague from Tennessee. rising back in the 1990s, the early 1990s, on repealing it—that and cutting taxes Mr. ROE of Tennessee. I thank the exactly the same debate that we are and cutting spending. And it all ties in gentleman for yielding. having today except today it is more together. When I came, as we all did, doctors, severe than it was. Those of us who are in health care physicians tend to look at a problem. have been aware of the need for reform When a patient comes in, the first We spent $2.6 billion on TennCare in for quite some time. I think any of us thing we ask them, Dr. GINGREY: Why 1993. In 2004, 2005, just 10 budget years can say that we’ve seen the costs in- are you here today? It is a fairly obvi- later, it was up to $8.5 billion. The cost crease. We’ve seen the cost of health ous question. It is called the chief com- had tripled. care insurance increase. And yet we’ve plaint. So when you see these cost esti- all felt that our hands were tied. We When I came to Washington, D.C., I mates—and remember that the same didn’t know how to address it. The bu- asked the same thing about the Amer- CBO, and these are good folks. I’m not ican health care system. I said: What is reaucratic system, as my colleagues pointing the finger at them. It is very the problem with the American health have pointed out, just dealing with hard to do what they do. They are care system? I thought there were billing and trying to get the care for given a set of data. They crunch the probably three. patients alone can just take over your numbers and they hand them to us. Number one, it was too expensive. office. They only missed this year’s budget The cost of health care had sky- deficit by $400 billion in 1 year. So I am b 1720 rocketed way above inflation so it is We have seen these things. We know way too expensive to come see a doctor to stand here and believe, looking at there are problems that exist, but we or go to the hospital. these other examples I have just given all agree that it needs to be a patient- The second issue I saw you just you, that this is going to be budget centered, doctor-nurse-patient rela- brought up was that there was a seg- neutral in 10 years? There is no way it tionship that we have to be putting for- ment of our population that didn’t will be. ward. And it has to be in the private have access to affordable health insur- I know we have a lot to discuss. I’m sector. There are ways to do this. ance coverage. These are not the very sorry I was a little late. I had some There is a role for government in it, es- poor who had access in my State to folks from the great University of Ten- pecially when we are talking about TennCare or in other States to Med- nessee in my office to see. I look for- Medicare, Medicaid, and those who are icaid, but these are folks who are out ward to continuing this discussion. unfortunate. We want everyone to have working. Maybe they are a carpenter Mr. GINGREY of Georgia. Dr. ROE, health care. But there are ways we can and their wife stays at home. Or maybe we appreciate you being with us. I address it. they have a job, a small business, know the time is rapidly coming to a It is not a health care crisis; it is a where they can’t afford it. So there was close. crisis of culture. We have to change the that segment that didn’t have it. culture that we are dealing with. We Lastly, there is a liability crisis in But, Mr. Speaker, I guess the last want everyone to have affordable America. Our friends on the other side, slide basically says it all, cuts right to health care, and there are simple solu- our trial lawyer friends can tend to say the chase: ObamaCare steals Ameri- tions we can put in place to do that. that is not the case, but let me give cans’ liberty. Our forefathers intended Mr. GINGREY of Georgia. I am so you a personal example. When I started certain basic rights—life, liberty, pur- glad that I called on the gentlewoman my medical practice, probably about suit of happiness—to be inalienable— from North Carolina and she brought the same time you did, Dr. GINGREY, it that means can’t be taken away from up this point, colleagues, because what cost $360. That was the first baby I de- you—and consider them self-evident RENEE ELLMERS just said is absolutely livered in 1977 that I got paid for. I was and universal. the truth. We are not on this side of out of the Army and out of my train- ObamaCare lets the boss steal liberty the aisle, and those Democrats who ing, $360. My first year’s salary was from every American by forcing them agree with us, we are not opposed to re- $32,000. That is what I made my first to buy health insurance whether they forming the health insurance industry, year in practice. I delivered 260 babies want it or need it or not. We can en- to eliminating abusive practices such that year; a lot of babies. The next courage them to have it and try to as canceling policies after the fact or year I was up to $60,000 a year. My mal- make it possible and affordable. But to denying children with preexisting con- practice was $4,000 a year. When I came force them to do it, the next thing we ditions, and that is exactly what the to Congress 2 years ago, the mal- know, everybody will be eating broc- gentlewoman from North Carolina was practice in Tennessee for an obstetri- coli by government edict because it is referencing. cian was $74,000. And there is no value healthy, it is healthy food. They are The pledge to repeal ObamaCare is that we get, that patients get from going to have a hard time getting me because in our humble opinion it is too that. We will go into that when we to eat broccoli. bad to fix. That doesn’t mean that have another hour. when we replace it, and we may have to But the thing about the ObamaCare But I am telling you the judge in do it piece by piece, bit by bit, that we plan that bothered me was it did noth- Florida, Judge Vincent, and the judge don’t incorporate some of the things in ing to bend the cost curve. If you in the Commonwealth of Virginia, there that most people would agree are looked at this and if you look at plans Judge Hudson, they got it right. We good, like allowing youngsters, young that have been out there in the past, need expedited processing of those adults, Mr. Speaker, to stay on the Medicare, for instance, came on board suits so the Supreme Court will tell the health insurance policy of their par- in 1965 as a $3 billion program; $3 bil- American people this is unconstitu- ents until they are 26 years old. With lion in 1965. tional and will not stand. this economy and the destruction of The estimators, there was no Con- With that, Mr. Speaker, I yield back jobs because of bailouts and stimulus, gressional Budget Office then or folks the balance of my time.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.096 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1436 CONGRESSIONAL RECORD — HOUSE March 1, 2011 50TH ANNIVERSARY OF THE countries in which we served. The same Mr. GARAMENDI. Congressman PEACE CORPS happened in El Salvador. I’m sure the MIKE HONDA, thank you so very, very The SPEAKER pro tempore. Under same happened in Somalia where our much. the Speaker’s announced policy of Jan- other colleagues had served their time. Let me now turn to my colleague on uary 5, 2011, the gentleman from Cali- The Peace Corps provides a unique the Republican side, TOM PETRI, who fornia (Mr. GARAMENDI) is recognized opportunity for volunteers to help also served. for 60 minutes as the designee of the some of the most impoverished people TOM, if you could share some of your minority leader. in the world, work that changes their experiences with us. Mr. GARAMENDI. Madam Speaker, global perspectives. Mr. PETRI. Yes, I am delighted to today, March 1, marks the 50th anni- I had met another person at Stanford have the opportunity to join with my versary of the United States Peace University. He was a visiting scholar. colleagues in recognizing the 50th anni- Corps. In 1961, President John F. Ken- He was not much more than 5-foot 1- versary of the founding of the Peace nedy, together with Sargent Shriver, inch, articulate in English and Span- Corps. It was my pleasure some 25 years ago established the most remarkable, long- ish, who said that he was an aberration to work with the fellow whose picture lasting, and incredibly successful of statistical probability. In saying is up by the podium, Sargent Shriver, United States Peace Corps. On the an- that, he meant that he was a young on some of the arrangements for the nouncement of the establishment of boy in the mountains of Peru and that 25th anniversary of the Peace Corps. the Peace Corps, countries around the it was a Peace Corps volunteer who had They’d had a gala reunion and a pro- world clamored to have Americans of touched his life, who had allowed him gram at the Kennedy Center with such all ages come to their country and as- to learn more about himself and his luminaries at that time as Harry sist in the economic development of country, which pushed him to learn Belafonte and many others. It was a those countries. English. Because of the Peace Corps To date, over 200,000 Americans have volunteers, he was able to go to school. memorable occasion. followed that call to service and have His name was Alejandro Toledo. He Sargent Shriver, of course, was a served in over 130 countries. Today, became the President of Peru. Now he great leader in many different areas. I some 77 countries have Peace Corps is a visiting scholar and is also looking met him in a reception line awhile volunteers and another 20 countries re- at running again and perhaps serving back. He didn’t really much like, quest the presence of Peace Corps vol- his country. He not only serves his though, that I’d said, So great to meet unteers. country; he serves all people of this Arnold Schwarzenegger’s father-in-law. My wife, Patti, and I are proud re- world by the fact that he was able to He really didn’t want to be known as turned Peace Corps volunteers. Joining express the idea that he was probably Arnold Schwarzenegger’s father-in-law. me today to celebrate this 50th anni- an aberration of statistical probability He wanted to be known, and is known, versary are two other returned Peace and that he had attained a position on as the most dynamic director of the Corps volunteers. And together with the global stage, a leadership position, Peace Corps and for many others of his works—with Mrs. Shriver on the Spe- SAM FARR, who unfortunately cannot because of Peace Corps volunteers. join us this evening, we comprise the This story is replicated over and over cial Olympics and for a variety of other four Members of Congress who are re- again with the over 195,000 volunteers good works that he did with his life. turned Peace Corps volunteers. who have served. Yet I just want to pay We all have our Peace Corps experi- special attention to Sargent Shriver, ences. I had the opportunity to serve in b 1730 the person who made the selfless com- the neighboring country to Ethiopia, I would like to call upon my col- mitment and took the visionary leader- which was Somalia—a troubled place league from California, MIKE HONDA, to ship in creating a pioneering organiza- now. It was a great experience, though. join us here to express his own experi- tion that provided opportunities for People ask about the Peace Corps, and ences of his work here in Congress and young people and that provided them I always say that one of the things you how his Peace Corps experiences may opportunities to grow in themselves. have to remember about the Peace have reflected upon his work. Filling Sargent Shriver’s shoes will al- Corps is that you get a lot more out of MIKE, if you’ll join us. ways be difficult. it than you really give. You’re serving Mr. HONDA. Thank you, JOHN. President Clinton was right when he other people, but you’re learning. As a returned Peace Corps volunteer, said that never has America had a You’re learning about another culture; I rise to recognize the work of the stronger warrior for peace and against and at the same time, you’re learning Peace Corps on its 50th anniversary. poverty than Sargent Shriver. Sargent about your own country and your own The Peace Corps has played an instru- Shriver, himself, said it best when he experiences because of the points of mental role in establishing prosperous said that the Peace Corps represents contrast. foreign relations while fostering cross- some, if not all, of the best virtues of What a wonderful thing it is that cultural understandings. Countries this society. It stands for everything America has now tens of thousands of from all over the globe celebrate the that America has ever stood for. It people who have served in the Peace contributions of the Peace Corps and stands for everything we believe in and Corps, who have returned and who now look forward with anticipation to its hope to achieve in this world. are working in every walk of life— continued growth. So I want to thank my colleague for working in international organiza- In representing the Ethiopian Caucus putting this together. I want to thank tions, working in business organiza- here, I was in Ethiopia a couple of my friend Mr. PETRI, on the other side tions, knowing different cultures, years ago and traveled extensively of the aisle, for his friendship. We say knowing different languages—thereby through Ethiopia during the 8 days I ‘‘the other side of the aisle,’’ but I providing a dimension to our own na- was there. I ran across some folks in think that the aisle does not exist with tional life that we would otherwise not the upper part of Ethiopia, and we our relationships and with our com- have if we did not have people who had talked about the Peace Corps. Imme- monality within the Peace Corps. had the experience of serving in the diately, a lot of the young people there The Peace Corps allowed me to grow Peace Corps. brightened up, and asked, Do you know up. The Peace Corps allowed me to be- There is one other thing. I still can GARAMENDI? It was at that moment I lieve in myself. The Peace Corps was remember the quizzical but interested remembered that our colleague responsible for my being here today to reaction that so many people in Soma- GARAMENDI had served in Ethiopia. be able to speak fervently and hope- lia or, I’m sure, anywhere in the world What struck me the most were the fully convincingly in encouraging had: Who are you? Why are you doing memories of people and the fact that other young people to serve this coun- it? Explain that to me again. we touched them in their youth. The try through the Peace Corps. It will be The spirit was kind of catching, and influence that we had on the young 2 years that you will never ever re- they would participate in all kinds of people in the different countries had gret—years I would never exchange for little volunteer activities and things stayed with them, and they have be- 10 years of regular life in this country. that they hadn’t necessarily thought of come leaders in their own right in the I thank you. doing themselves.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.098 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1437 Of course, the Peace Corps volunteers Mr. GARAMENDI. Well, that’s ex- Mr. PETRI. Thank you for organizing are not representatives of the Amer- actly the case. And it’s not unusual to this occasion. ican Government. They are representa- find wars going on. But as MIKE HONDA Mr. GARAMENDI. The interest in tives of the American people. That was was talking about the President of the Peace Corps is not just shared by always emphasized very, very strongly Peru, who started his climb up the eco- those of us who are return volunteers; to all of us as part of our Peace Corps nomic and educational ladder as a re- it’s also served, and the interest is training. The way we were living was sult of his experience with a Peace found, by others. among the people, not behind these Corps teacher in Peru, the same thing I’d like to invite here to the well a diplomatic bunkers that we sometimes happens in the countries in which you colleague of mine from California, Con- see in the world today. You’re experi- and I and other Peace Corps volunteers gresswoman LOIS CAPPS, who rep- encing life in the country in which serve. resents the Santa Barbara area up into you’re serving. I recall in 1999–2000, when the war Santa Maria. Would you care to join One thing, just as an example, is that broke out between Ethiopia and Eri- us? Thank you so very much for doing Peace Corps volunteers, of course, do trea, a group of us became interlocu- so. their assignments, but they’re also tors trying to figure out how to get Mrs. CAPPS. I thank my colleague, people who do volunteer work of one these two countries to settle up. And Mr. GARAMENDI, for inviting me to join kind or another. One of the big hits because we were able to stand on the him here and for bringing the likeness was when I was in Mogadishu in the shoulders of so many Peace Corps vol- of Sargent Shriver, the first director, so that I can stand next to him and pay Peace Corps. I was with two other peo- unteers that had served in those coun- tries, we were able to meet with the tribute to him as I am speaking about ple who were Peace Corps lawyers at President of Eritrea and the Prime the importance of the Peace Corps as I that time, and there were about 50, 60 Minister of Ethiopia in two separate have experienced it. people who were teachers. Some were meetings and just talk to them about This is such an important anniver- community health workers, and some peace, about why they were fighting, sary, the 50th anniversary of the found- were community school construction why this war was going on that killed ing of the Peace Corps—actually, this workers. They would come to nearly 100,000 soldiers at that point. day, apparently, that’s what you men- Mogadishu for a couple days off, for va- And it turned out that they were will- tioned in your remarks, Mr. cation time, when school was down, ing to talk to us. The reason was that GARAMENDI. And you were joined by that kind of thing. in their high schools they were taught two Members of Congress who probably b 1740 by Peace Corps volunteers, and they were influenced to become Members of And five or six of them got together had this trust. They knew we didn’t Congress by—in fact, one, Mr. HONDA, and started playing some American represent the American Government. just spoke, and he said it’s because of young people’s music. And the next They knew that we were there search- his experiences in the Peace Corps he thing you know they were invited to a ing for peace as we had when we were could say honestly that that’s why he restaurant in Mogadishu. Crowds of volunteers. It turned out that those is now serving in Congress. And I’ve hundreds of people gathered, and it was conversations led to the essence of the heard others of our colleagues say that the sensation of the town for a couple settlement of that war, the peace trea- as well. And both Mr. HONDA and Mr. weeks. Of course they couldn’t be paid ty. PETRI speak eloquently, as you do, Mr. And I’ll never forget a day when—ac- for doing this sort of thing, but they GARAMENDI, about the effect of this ex- tually, a gentleman who’s here in the perience on you. And I have seen it might have gotten a couple of free gallery at the moment, Chic Dambach firsthand from friends of mine. meals from the restaurant and that was one of our team, and another fel- I don’t think it’s possible to say kind of thing. What a wonderful, sort low, Mike McCaskey, who was then the enough positive about this wonderful of natural way of building bridges. The president of the Chicago Bears, he was organization. So having a Special people in this country had never really part of our team. We sat down with the Order this evening is an opportunity seen something like this. They weren’t foreign minister of Ethiopia, and we for us all to come together and cele- on a tour for any of these international were talking about where we served in brate the commitment of the United shows, and they just thought it was the the Peace Corps and Mike was saying States Congress to communities most wonderful thing to see live music he served in the northern part of the around the world as they experience, played by American Peace Corps volun- country. And the foreign minister said, through volunteerism, through ordi- teers. And that was the face of America what school? And Mike described the nary citizens of this country who vol- that they were presenting in this coun- school. It turned out that Mike was the unteer to share in the life and experi- try, and it was one that I think has teacher for the foreign minister, and ence of a culture different from their served our Nation very well. immediately there was a connection. own. As the Peace Corps celebrates its So thank you again for giving me the That connection then led to the meet- 50th anniversary, it’s clear that this opportunity to participate in this Spe- ing that we had with Meles and the work that our citizens and volunteers cial Order that you’ve organized to conversation that ultimately led to a have done is never more important mark the 50th anniversary of the peace treaty. Our role was ended, but than we see today, and also more rel- United States Peace Corps. the African Union carried on. evant to what’s going on in the world Mr. GARAMENDI. Tom, thank you Those are the relationships that today. so very much for your experiences. count. We never know when they’re I am very proud to represent a con- What year were you in Somalia? going to materialize. It’s quite possible gressional district, the 23rd in Cali- MR. PETRI. I was in Somalia in 1966– that the people that you taught may fornia, with a very active Returned 67. one day be the leaders in Somalia once Peace Corps Volunteers community. Mr. GARAMENDI. Those were the again. And these are the foundations The alumni association numbers well same years that Patti and I were in upon which the Peace Corps breeds. over 150 members and they are active Ethiopia, and we served in the far west- Thank you so very much for joining in our community. And I know first- ern part of Ethiopia in a very small us. I know that you have another ap- hand also, knowing several of them— town. pointment that you need to get to. But many of them—that the community Mr. PETRI. We were there during the the experience of a Peace Corps—and has been strengthened because of their peaceful years between the two coun- my wife, when she was the associate di- experiences in the Peace Corps, and tries. The Peace Corps had been in So- rector of the Peace Corps, would often they readily testify to that. malia and then had been pulled out be- say that a Peace Corps volunteer And at the University of California in cause war erupted between Ethiopia leaves to search for peace and returns, Santa Barbara, my home town, this and Somalia. The people on the Horn of and throughout one’s life, continues campus consistently ranks towards the Africa have very close and great re- that process. Our work here in Con- top of U.S. colleges and universities for spect for each other but also a strong gress is part of that. Thank you so very volunteer recruitment among its young rivalry. It’s a very interesting thing to much for your service and joining us graduates. When I have the oppor- learn about. this evening. tunity to meet with folks from the

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.100 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1438 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Peace Corps administrative office, the these stories from previous volunteers, During times of both war and peace, first thing they always mention when and I think it’s a great idea that the our volunteers through Peace Corps they find out where I’m from is the anecdotes and vignettes that Peace have exemplified some of the best high concentration of former and fu- Corps volunteers remember so poign- qualities that this country has to offer ture volunteers from my congressional antly from their time of service can be the world: generosity, tolerance, hard district. And so I know that on the woven into the Library of Congress ar- work, ingenuity, friendship, and com- south and central coast of California, chives and there for permanent record. passion. They have exhibited critical with these alumni living and working Some of us in Congress, Mr. attention to detail and an unwavering among us, the importance of service, GARAMENDI, are old enough to remem- commitment to sustainable develop- community, and open mindedness, val- ber the passion and enthusiasm from ment. These are talented people who ues that the Peace Corps holds dear, these 50 years ago when President Ken- really are a beacon of the goodwill that these have influenced the way our civic nedy announced the creation of the we want our country to stand for. life is conducted in our country as Corps, the idea that Americans from So I’m offering tonight, and I’m these Returned Peace Corps Volunteers all different backgrounds and walks of standing right next to the likeness of bring their experiences in their service life would have an opportunity to work Sargent Shriver, as I offer my sincerest abroad back to their home commu- for and to learn from other cultures. congratulations to the Peace Corps on nities and places of business. It’s a win- You know, in that time, that was a its 50th anniversary that we all join in win on both sides of whatever body it is fairly radical concept. But I marvel— celebration. that separates us from our countries don’t you?—at how far we have come. I want to take the opportunity to en- Since 1961 when the first volunteers around the world. courage anyone who is thinking about went abroad, nearly 200,000 volunteers There is an institute on my campus it to serve either abroad or find a way have served in over—in 139 countries that I’ll reference, it’s named for my in one’s own community to serve with around the world. These are talented husband, but it’s called the Capps Cen- this kind of volunteerism. ter for the Study of Faith, Ethics and and selfless Americans who have made I appreciate the leadership you’ve lasting contributions in agriculture, in Public Policy. They sponsored an shown, Mr. GARAMENDI, in calling us business development, in sustainable event—in fact, they had a series of together. I want to thank you and my infrastructure, in education, in health, events this past fall celebrating the colleagues in Congress who add so in combatting HIV and AIDS, in work- 50th anniversary of the Peace Corps. much to your service as colleagues of ing to protect the environment around And on one of those occasions it was a mine by this history that you share. the world. Collectively, each volun- privilege to welcome Aaron Williams, You can add this to the kind of Peace teer’s work represents a legacy of serv- who is the National Peace Corps Direc- Corps volunteerism that you did when ice that has become such a significant tor, to Santa Barbara, and in doing so you were younger, and it is a spirit part of America’s history and the posi- to pay tribute to the Peace Corps. But that I know has never left you. tive image that we have abroad. also, the Capps Center invited three So I got a signal from Mr. former Peace Corps volunteers to I know that Mr. FARR is going to speak probably after me, and he has GARAMENDI, and it is really a tribute, honor their service, but also to invite because Mr. FARR is a dear friend but them to form a panel discussion so the just joined the group. He and I are part of an organization here in Congress also my neighboring congressional dis- rest of us could listen and respond and trict Representative, and he never have questions about their own experi- which has some connections to the Peace Corps. It’s called the House De- misses an opportunity, whether he’s at ences. One of them was Sarah Chayes, home or abroad, to bring up the topic who is a former NPR, National Public mocracy Partnership. And last week we traveled actually literally around of serving in the Peace Corps. And how Radio, correspondent. She is a promi- fitting this evening, Mr. FARR, that nent author and founder of the the world. One of the places we were, one of our partner countries whose par- you are here to add your words to and Arghand Cooperative in Kandahar, Af- your stories to this celebration. ghanistan. She spoke of her early expe- liament we work with closely is the country of Indonesia. I’m going to yield the floor, if it is riences in the formation of the Peace okay with Mr. GARAMENDI, right di- Corps. She served in Morocco from 1984 For many years, the Peace Corps was not there. And now, just this past year, rectly to you. to 1996. Mr. FARR. Thank you very much, Also present to be recognized and volunteers have been welcomed back. We had the chance to meet these active Congresswoman LOIS CAPPS. I’m so also to participate in the discussion fond of you and the service you give in was Gordon Radley. He is the former volunteers as we have met during visits to other countries with our work in the your wonderful district, the Santa Bar- president of Lucasfilm. He served in bara and San Luis Obispo County Malawi from 1968 to 1970 and then House Democracy Partnerships. Some of the countries are Malawi and Indo- coastlines. again in western Samoa in 1979 and Yes, I was with Congresswoman 1980. nesia, and we’ve taken gifts. Some- times occasionally we’ll have a con- CAPPS last week when we hosted, in b 1750 stituent serving there, so a family will Surabaya, dinner with Peace Corps vol- The third person who spoke—I just ask us to bring some item that this unteers. And what struck me is, one, acknowledge these people because person has wanted. some of their assignments were much they’re examples of community leaders It was because of Mr. FARR’s insist- tougher than the one I had in a barrio in the country who were influenced so ence that we invite four of the current in Medellin, Colombia, back in the tremendously by their experience in volunteers. They’ve just come back, 1960s, that women live with Muslim Peace Corps. One whom I know well, the presence of Peace Corps in the families because Indonesia is the larg- because he’s a constituent of ours in country. I know, Mr. FARR, I hope est Muslim country in the world. They the congressional district but also with you’ll expand upon this. The four had teach in schools. his service, is Thomas Tighe. He is the dinner with us who were visiting. Here Very interesting how, and essentially President and CEO of a very influential we were in Surabaya, a coastal commu- progressive even, those Muslim schools organization called Direct Relief Inter- nity in a large city actually in Indo- were, allowing the American women national, which provides emergency nesia, and these four young people who not to have to be covered and to essen- services, disaster aid to countries are teaching English as a second lan- tially be themselves and represent this around the world. It’s headquartered in guage in the high schools in the region country, and how fond the students are Santa Barbara. And before Tom came came and shared some of their stories of their teachers and the faculty of the to this position, he served as the Peace with us. It moved me then as it has teachers. So Peace Corps was there. Corps associate general counsel and over the years as I’ve heard these sto- And it’s interesting that, as we pay was the chief of staff and COO of the ries. And to see these young faces—not tribute on the 50th anniversary, there’s Peace Corps. He, himself, served in all Peace Corps volunteers are young, I no age limit to joining the Peace Thailand from 1986 to 1988. know that. But these are young people Corps. We’re in, I think, 77 countries I mentioned these three because now who just were caught with zeal and en- now. We’re about half our full size. We the Library of Congress is collecting thusiasm with what they were doing. once were 15,000 volunteers. We’re down

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.102 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1439 to 7,000. Growing. Congressman each young woman who has received an worked overseas for a cousin who had a GARAMENDI and myself and others have education, and each family empowered factory in Argentina. It was my cross- been working to try to increase the to prevent disease because of the serv- cultural experience. And I realized that Peace Corps budget because it’s the ice of a Peace Corps volunteer, Presi- once I got bitten by wanting to see only thing that’s standing in the way dent Kennedy’s noble vision lives on. other languages and other cultures, between more volunteers being over- ‘‘In our increasingly interconnected that when the Peace Corps was an- seas. world, the mission of the Peace Corps nounced, that’s what I would do. And I There’s 20 countries that want Peace is more relevant today than ever. Re- thought when I left the Peace Corps— Corps. There’s 20,000 people that apply turned volunteers, enriched by their when I went in, I thought when I leave to the Peace Corps. And there’s only, experiences overseas, bring a deeper I will probably come back and be a every year, about half of 7,000, so about understanding of other cultures and high school biology teacher. 4,000, 3,500 jobs available. So only one traditions back to their homes here in My background had been in science. in three or four ever can get a chance the United States. The lasting accom- And I went to do urban community de- to get accepted, and that’s not fair. plishments of the Peace Corps continue velopment, which just means we were And we need to double the size of Peace to strengthen the partnerships with listening to what we call the felt needs Corps. leaders in countries around the world. of very poor people in a very poor And lastly on that point is that it ‘‘This year, we also mourn the loss barrio that didn’t have any water or costs, I think it’s for every soldier we and pay tribute to the extraordinary lights. And we were taught, and it was sent to Afghanistan, we could send 12 life of Sargent Shriver, the founding very interesting, because it’s been Peace Corps volunteers abroad. So we director of the Peace Corps. The im- probably one of the best teachings I really get a good bang for our buck. pact of his decades of public service have ever had in my life is don’t go Why I rise tonight and I will try to be will echo forever in countless places down there and just tell them what you quick before I give it back to Mr. across the globe that have been want do based on your values, because GARAMENDI is to, on behalf of all four touched by the Peace Corps. you are going to be in a country that of us who are returned Peace Corps vol- ‘‘On this anniversary, we honor the doesn’t have infrastructure. Your main unteers now serving in Congress, we men and women from across the coun- thought and idea will be about cleanli- circulated a letter asking the President try who have carried forward our Na- ness because you haven’t lived in dirt of the United States to issue a procla- tion’s finest tradition of service, and before. And you don’t have garbage mation honoring the 50th anniversary we rededicate ourselves to fulfilling pickup and you don’t have that infra- of the Peace Corps. It was signed by 136 the dream and continuing the work of structure. Don’t let your values not Members of Congress. all those who aspire and yearn for allow you—open your eyes and your Today, on the 50th anniversary of the peace. ears and listen. Look before you leap. Peace Corps, the President of the ‘‘Now, therefore, I, Barack Obama, And that was really great advice, be- United States said the following: President of the United States of cause I think in politics you really do ‘‘In 1961, President John F. Kennedy America, by virtue of the authority have to be a good listener. signed an Executive order establishing vested in me by the Constitution and So we listened to the community, the Peace Corps’’—remember, Execu- laws of the United States, do hereby and what they wanted to do was first tive order. It wasn’t done by a congres- claim March 1, 2011, as the 50th Anni- build a soccer field. I thought that’s sional act; it was a Presidential act— versary of the Peace Corps. I call upon odd. I played soccer, but I have no idea ‘‘establishing the Peace Corps, forever all Americans to observe this day with of the dimensions of a field. I don’t changing the way Americans see the appropriate programs, ceremonies, and know how you do this. It didn’t matter. world and the world sees us. activities that honor the Peace Corps It was just like, okay, they need a mo- and its volunteers, past and present, tivational force. I am there. I said, b 1800 for their many contributions to the okay, how do we do this? Got some ‘‘Today, one of President Kennedy’s cause of global peace and friendship. shovels, got some picks. Where do you most enduring legacies can be found in ‘‘In witness whereof, I have hereunto want to do it? And we did it. What was the over 200,000 current and returned set my hand this 28th day of February, interesting is they had never worked Peace Corps volunteers who have col- in the year of our Lord 2011, and of the together in a community project. So lectively given over a half a century of Independence of the United States of the teachings there were community service to the cause of peace. On its America the 235th. Barack Obama.’’ development, how do you get together. 50th anniversary, the United States So in that honor I am very pleased And from there on we went to build Peace Corps remains an enduring sym- that my colleague and friend from schools, and we put in sewers, all by bol of our Nation’s commitment to en- California, JOHN GARAMENDI, has asked hand by the way. couraging progress, creating oppor- us to pay tribute to the Peace Corps on And we had to go downtown to the tunity, and fostering mutual respect its 50th anniversary. And I yield to my municipal government to get the sewer and understanding throughout the good colleague, who had the wisdom to pipes and to get bags of cement. So world. set up this moment of special order. that petitioning of government, going ‘‘Over the past five decades, Peace Mr. GARAMENDI. SAM, if there was down, and a long story but quickly, it Corps volunteers have served in nearly wisdom it was because you suggested woke me up to thinking I am in an- 140 countries, bringing a wealth of it. Don’t run off. I would like to ask other country, I can’t vote here. I am practical assistance to those working you a couple of questions about your petitioning government. I won’t be able to build better lives for themselves and service. to vote for or against it. We have got their communities. From the first SAM, the President’s words were very poverty in America. The book had group of volunteers to arrive in Ghana touching to me, and I know they were come out, ‘‘The Other America,’’ which and Tanzania in August of 1961, they to you, because we were part of the showed there was a lot of poverty in have been emissaries of hope and good- Peace Corps, and we still are, not so the United States. Why don’t I go home will to the far corners of the world, much because of our role here in Con- and petition my own government to strengthening the ties of friendship be- gress, but rather because once you are right wrongs? And here I am in the tween the people of the United States a Peace Corps volunteer you never United States Congress. and those of other countries. leave the service of peace. Talk to me Mr. GARAMENDI. Before you arrived ‘‘Living and working alongside those about where you served and the work here, you spent many years in the Cali- they serve, volunteers help address that you did as a Peace Corps volun- fornia legislature, where I had the changing and complex global needs in teer. privilege of working with you. You education, health, HIV/AIDS, business Mr. FARR. JOHN, I went into the started the discussion about your own and information technology, agri- Peace Corps right after graduating Peace Corps experience by answering culture, environmental protection, and from college in 1963. I knew I wanted to the call to action, President Kennedy’s youth development. With each village be called for that service. I had done very famous call: Ask not what your that now has access to clean water, Air Force ROTC in college, and I country can do for you, but what you

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.104 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1440 CONGRESSIONAL RECORD — HOUSE March 1, 2011 can do for your country. I know that teer Association, the National Re- Everywhere I go on campuses, people, for you and for myself, and even more turned Peace Corps Volunteer Associa- the young men and women that are so for my wife Patti—— tion, a Federal appellate court judge graduating, and older people—I think 7 Mr. FARR. You did it even more so, who had served in Ethiopia who was percent of the volunteers today are because you were married, you were a then on the bench in Arizona in the over 50 years of age. The next election rock star athlete out of California, you Ninth Circuit; Mike McCaskey, who may give us an opportunity to return were at the University of California was then the president of the Chicago to the Peace Corps. Who knows what Berkeley. And to be married and to Bears; and another fellow who was will come of that. take that risk, sort of walking away deeply involved in African relief issues. But whatever your age is, the Peace from what was just the ideal life to go We journeyed and we sat down and Corps offers you an opportunity to off to Ethiopia must have been an in- met with first the President of Eritrea serve. credible pull. and had a 3-hour conversation with Mr. FARR. I would also like to men- Mr. GARAMENDI. Certainly the pull him about the war and why the war tion that we could use a lot more Peace personally, but much more important was underway, what his goals were. Corps volunteers because of these coun- than that was the pull that Patti ex- We then traveled to Addis Ababa, tries that want us. They want us to erted upon me. I had an opportunity to Ethiopia, where we met first with the come in for the first time, they want us play professional football, but turned foreign minister of Ethiopia, who actu- to grow. Vietnam is interested in get- that down to get married and to spend ally was a student of Mike McCaskey. ting the Peace Corps. a 2-year honeymoon in the far western They talked about it, and there was We were just in East Timor. They part of Ethiopia, where there was no this bond that was immediately estab- were there. We were pulled out due to unrest. They are now in peace. They running water, and we literally lived in lished between them. want them back. Surabaya in Indo- a wattle, which is a mud-walled home Shortly thereafter, the foreign min- nesia, there are, I think, 18 volunteers with a corrugated tin roof and an out- ister arranged a meeting with Prime Minister Meles, and, again, we spent there now. They could grow that to house out back. And it turned out to be nearly 3 hours with him asking him hundreds of volunteers. The country the most marvelous honeymoon, and about the war from his perspective, wants it. it’s still going on now some almost 46 what there was. It came to the five of But the one thing we have to do here years later. So it was a beautiful op- us that there was a way to find peace, in Congress is give them more money. portunity for us to serve. that there was a path that could bridge Frankly, I want to really salute the And then the rest of what you said is these differences that these two coun- President of the United States, because a Peace Corps volunteer never leaves a tries had that at that point had re- in these tough fiscal times, where ev- life of service. We transform it into sulted in nearly 100,000 soldiers, both erything else has to be cut back, this many, many ways. LOIS CAPPS talked Ethiopia and Eritrean, having been year he has asked Congress to give the about three or four examples from her killed in that war. Peace Corps more money than we gave own district of returned Peace Corps We turned that information over to them last year, and that’s one of the volunteers and the way they inserted the Organization of African Unity, bounce-up programs. themselves into their communities for which was then working towards some We have gotten strong bipartisan service, and in one case international sort of a settlement. And, shortly support on this, and hopefully in this food. thereafter, within a couple of months, Congress, which is going to be mostly a Mr. FARR. Would you share for me, I the basic elements of the peace treaty cut, squeeze, and trim Congress, we got here a little late, maybe you al- were developed, and they were based don’t throw the baby out with the bath ready did, but I think you did one of upon the work that we had done. There water, as you said. What an incredible the most remarkable diplomatic mis- was some more back and forth that opportunity at a time when peace sions ever in being asked to come back took place. But our team was invited might be breaking out in the Middle to Ethiopia with some colleagues of the to Algeria for the signing of the cere- East. They are going to need a lot of Peace Corps by the president of the mony of peace. this. They are going to need a lot of country to see if you could help to set- So the work for peace really never community development. tle the dispute with neighboring Eri- ends, and I know you are doing it here You are going to need people to un- trea. And as I recall, it was a band of in Congress. derstand. I mean, I could go on for Peace Corps volunteers that put that Mr. FARR. It’s one thing to be a hours at what I just saw in East Timor peace agreement together. Peace Corps volunteer. It is one thing where women had, three, four, five ba- b 1810 to bring two nations at war together bies in houses with no electricity, mud living in peace because you are Peace floors, before anyone got to them and Mr. GARAMENDI. Well, it really Corps volunteers. I think that’s a great said, you know, you need to go through speaks to the thousands of Peace Corps tribute. You mentioned Chic Dambach. a prenatal discussion and some post- volunteers that worked in Ethiopia and He was a student of mine when he was natal treatment. Even in that poverty, Eritrea. In the late nineties, a war going into volunteer service in the what they are just trying to do is se- broke out between those two countries. Peace Corps in Colombia. quence the babies so they won’t be There is, here in Washington today, It seems that you and I have devel- born so quickly one next to another be- well over 100,000 people from Ethiopia oped a great fondness for Chic. Maybe cause there is a high risk of low birth and Eritrea. They were getting riled up he is more important than either of us rate. and choosing sides. Those of us that because he has been so instrumental in You know who is there right on the served in Ethiopia, together with Chic your life and what happened in Ethi- ground doing that—that is what the Dambach, who is here in the gallery, opia and Eritrea, and was instrumental Peace Corps does. So the need, the war set out to try to get these people here in my life in Colombia. I am glad he is on poverty never ends. in the Washington area to work to- here tonight because he really is part The war, or the path to peace, the wards peace rather than to get into an of the Peace Corps legacy. process for peace, as we have seen argument amongst themselves over Mr. GARAMENDI. There is another hopefully breaking out in the Middle which country was right or wrong. example of an individual who has dedi- East, that we can get a democratic so- From there we very quickly found our- cated his life to peace. He now heads up ciety, they are all going to need teach- selves invited to travel to both Ethi- an organization that is a consortium of ers, and as we need them here at home opia and Eritrea, where we were able to nongovernment organizations that are we need them abroad. Teachers and not meet with the heads of state. dedicated to searching for peace in just traditional reading, writing, and In both cases, the team that was as- countries around the world and trying arithmetic but teachings of health care sembled, there were five of us, myself, to resolve disputes before they come to and HIV prevention and so on. And I I was then just leaving Federal Govern- war. know you and Patti have dedicated ment service as the Deputy Secretary We would just be derelict in our duty your lives to that work and what a of the Interior. Mr. Dambach had just if we didn’t make a heavy-duty pitch wonderful way to celebrate on this 50th left the Returned Peace Corps Volun- here for people to join the Peace Corps. anniversary.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.106 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1441 Mr. GARAMENDI. And as you were Mr. GARAMENDI. I have a great ex- Mr. FARR. Happy birthday. talking about Peace Corps volunteers ample of this. A television reporter, a Mr. GARAMENDI. Happy birthday, working with young families, our son cameraman in the San Francisco Bay Peace Corps. and daughter served in Paraguay in the area, is about to retire; and every time 50TH ANNIVERSARY OF THE PEACE CORPS Peace Corps, and her work was pre- I see him, he says, I’m going to go in BY THE PRESIDENT OF THE UNITED STATES OF cisely that, working with her families the Peace Corps. And I say, have you AMERICA in her community in Paraguay. They gone online, peacecorps.gov, to put A PROCLAMATION were also in a rural area working on your application in? He says, no. And I In 1961, President John F. Kennedy signed family health on the issues of raising said, well, the next time I see you, I an Executive Order establishing the Peace children, healthy children, and pro- want you to tell me that you have your Corps, forever changing the way America sees the world and the world sees us. Today, viding them with information about application in. He wants to take his one of President Kennedy’s most enduring how they could better take care of knowledge of reporting and television legacies can be found in the over 200,000 cur- their families and have a better life. camera work overseas to work with rent and returned Peace Corps Volunteers Our son was involved in community countries that are developing their own who have collectively given over a half cen- development work. Our two daughters media for the purposes of providing tury of service to the cause of peace. On its also served in the Peace Corps, and for that foundation for a democratic soci- 50th anniversary, the United States Peace young men and women, and others who ety. And he would be terrific. He’s a Corps remains an enduring symbol of our Na- are not so young, the Peace Corps of- great reporter. tion’s commitment to encouraging progress, creating opportunity, and fostering mutual fers an incredible opportunity to serve Mr. FARR. I think that’s very impor- respect and understanding throughout the the world, serve this country, and to tant. One of the things I did today, be- world. serve the needs of individuals in a one- cause I was in the same conversation Over the past five decades, Peace Corps on-one relationship in some 77 coun- that you were having, somebody asked Volunteers have served in nearly 140 coun- tries now, and hopefully with a small me about it who was my age and want- tries, bringing a wealth of practical assist- increase in the Peace Corps budget, ed to know whether he could go in the ance to those working to build better lives Peace Corps. And I said, go look up the for themselves and their communities. From which stands just at $400 million. the first group of volunteers to arrive in You issued, you gave a statistic ear- Peace Corps on the Internet. Ghana and Tanzania in August 1961, they lier in your discussion that is really, I Not only that. It shows every one of have been emissaries of hope and goodwill to think, important. For every soldier those countries, 77 countries, and what the far corners of our world, strengthening that we send to Afghanistan, we could jobs are in that country. You can go the ties of friendship between the people of send 13 Americans somewhere in the out and look around the world and see the United States and those of other coun- world to work on the issues of poverty, the country you want to go to and find tries. a job that you think you’re qualified to Living and working alongside those they the issues of education, social develop- serve, volunteers help address changing and ment, societal development, and peace. do, and that gives you a motivation to complex global needs in education, health So it’s a 13–1 ratio, a great investment. do that. Also, not all Peace Corps vol- and HIV/AIDS, business and information Aaron Williams is the current Peace unteers live in mud huts. If you’re technology, agriculture, environmental pro- Corps director. He was a volunteer in teaching in a university or in a school tection, and youth development. With each the Dominican Republic from 1967 to in an urban area, you could be in a village that now has access to clean water, 1970, served 3 years. much more comfortable, middle class each young woman who has received an edu- Mr. FARR. He met his wife there too. setting than people out—the image of cation, and each family empowered to pre- They are happily married. So some sleeping in a hammock in a mud hut. vent disease because of the service of a Peace Corps Volunteer, President Kennedy’s noble Peace Corps volunteers come home So it’s all kinds of opportunities, just vision lives on. with new families. depending on the skill sets of you, the In our increasingly interconnected world, Mr. GARAMENDI. There are many, individual, and the needs of the host the mission of the Peace Corps is more rel- many opportunities that the Peace country. evant today than ever. Returned volunteers, Corps develops and yes, indeed, they We are always there as a guest being enriched by their experiences overseas, bring can come home with a new family or asked by the country to be there, and a deeper understanding of other cultures and wife. You are quite correct about we do the jobs they ask us to do. And, traditions back to their home communities frankly, I think we have enough inno- in the United States. The lasting accom- Aaron. plishments of the Peace Corps continue to There are 8,655 volunteers, as of vation, as you and I found out, that strengthen partnerships with leaders and today, serving in 77 countries, urban, sometimes if the job isn’t working ex- countries around the world. This year, we rural, in all kinds of work. Just some actly as they described, you just look also mourn the loss and pay tribute to the of the statistics are, I think, inter- around and see what else is needed and extraordinary life of Sargent Shriver, the esting; education, 37 percent. We were adapt yourself. That’s a lot of fun. founding director of the Peace Corps. The teachers and community development. That’s a lot of creativity and I think a impact of his decades of public service will Actually, Patti and I were involved in lot of satisfaction for the volunteer. echo forever in countless places across the Mr. GARAMENDI. Sam, we’re just globe that have been touched by the Peace the smallpox eradication program, Corps. Ethiopia being one of the last countries about out of time. On this anniversary, we honor the men and to eradicate smallpox. Today, March 1, 2011, marks the 50th women from across the country who have Health, HIV/AIDS, was 22 percent. anniversary, the 50th birthday of the carried forward our Nation’s finest tradition Business. Do you want to be a graduate United States Peace Corps. It’s been an of service, and we rededicate ourselves to of Harvard Business School and really incredible organization all of these fulfilling the dream and continuing the work get some experience? Fourteen percent years. Over 200,000 Americans have of all those who aspire and yearn for peace. NOW, THEREFORE, I, BARACK OBAMA, Presi- of the volunteers do that. served, both young and old, in some 139 countries. And so for all of those out dent of the United States of America, by vir- Mr. FARR. We had small business de- tue of the authority vested in me by the Con- velopment in Colombia. There was also there that want to do something very, stitution and the laws of the United States, a whole bunch of people working on very special with their life, well, you do hereby proclaim March 1, 2011, as the 50th educational television, which the coun- can Google it or you can go directly to Anniversary of the Peace Corps. I call upon try was implementing and needed peacecorps.gov. Put your application in all Americans to observe this day with ap- teachers who knew how to do that, and and see what the toughest job you ever propriate programs, ceremonies, and activi- technicians on how to run the studios loved will bring to you. ties that honor the Peace Corps and its vol- unteers, past and present, for their many and set it all up. Congressman SAM FARR, thank you so very much for joining me this contributions to the cause of global peace and friendship. b 1820 OM ETRI IKE evening, for T P and M IN WITNESS WHEREOF, I have hereunto set We also had architects helping design HONDA, the four of us who are in Con- my hand this twenty eighth day of February, public facilities and parks. You don’t gress that were—that remain—Peace in the year of our Lord two thousand eleven, work on your own. You work with host Corps volunteers, and for LOIS CAPPS and of the Independence of the United States country counterparts who are profes- joining us and giving her perspective, a of America the two hundred and thirty-fifth. sionals like you are. very big ‘‘thank you.’’ BARACK OBAMA.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.108 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1442 CONGRESSIONAL RECORD — HOUSE March 1, 2011 PUTTING OUR NATION ON THE that have been since rejected by this $3 trillion in unnecessary spending RIGHT TRACK Congress. driven by this President. We have The SPEAKER pro tempore (Mrs. And, Madam Speaker, we need to re- watched as proud companies went into BLACK). Under the Speaker’s an- member that there was an election last hock to the Federal Government and nounced policy of January 5, 2011, the November 2 of 2010. And to quote the found the Federal Government engaged gentleman from Iowa (Mr. KING) is rec- President of the United States, he fa- in managing some of those companies. ognized for 30 minutes. mously said after the election of No- Three large investment banks were Mr. KING of Iowa. Madam Speaker, vember, 2008: We had an election, and taken over by the Federal Government, the gentleman from Iowa is pleased to we won, which means that he dictates at least by the power of management be recognized to address you here on the policy. Well, Madam Speaker, to or influence—AIG, the insurance com- the floor of the House, and I want to the President of the United States, I pany, over $180 billion that flowed into express my disappointment in the gen- would say, we had an election Novem- AIG to protect other investors that had tlemen who spoke before me. I usually ber 2. You didn’t win that one, Mr. an interest in AIG, the insurance com- come here to pick up my material for President. In fact, you declared it to be pany, or in policies that they had of- rebuttal. And as I listened to you talk a ‘‘shellacking.’’ It was a shellacking. fered that were guaranteeing the re- about your affection for the Peace And the Republicans won the major- turn on mortgage-backed securities, Corps, I didn’t come up with a single ity in this House by huge numbers. Madam Speaker. So there is $180 billion thing that I seek to rebut here tonight. We’re looking today at 87 new fresh- there. Three large investment banks So I’ll go off on the subject matter man Republicans and nine freshman and AIG, the insurance company. that I came to address, Madam Speak- Democrats, to give you a sense of the We saw Fannie Mae and Freddie Mac er, and that is the situation where we poor proportionality, or the transition from quasi-government to are in this country today with debt and disproportionality. The seats that were government, to taxpayer guaranteed, deficit and the growth in government picked up have dramatically changed. stepping in to play a role in the major- and the things that we must do to turn The gavels all changed hands in the ity of the mortgage loans in the United this country back around and put it on House of Representatives. The agenda States, guaranteed by the taxpayers. the right track. changed. It has gone from an agenda I recall standing on this floor, the This House here this afternoon voted that has been driven under the speak- floor of the House of Representatives, to pass a continuing resolution that ership of NANCY PELOSI for 4 years, of October 26, 2005, listening to the most has within it an aggregate of about $4.1 an agenda of accelerating spending, in- immediate past chairman of the Finan- billion in cuts over a 2-week period of creasing government and pushing so- cial Services Committee arguing that time that if you multiply or extrapo- cialized medicine—which is what I he was never going to participate in late that out to the end of the fiscal have long declared ObamaCare to be. bailing out Fannie and Freddie. And if year, it comes in that neighborhood of That doesn’t shock anybody, Madam anyone was considering buying stock about $61 billion in cuts which argu- Speaker. It is common vernacular out in either one, they should not do so ably holds the reductions in place. But in the central part of the United States under the consideration that BARNEY it did specifically go in and make the at a minimum. FRANK from Massachusetts would be cuts in areas where the President had And so we saw this push to grow gov- engaged in bailing them out. And so he recommended those cuts. It dialed ernment. We saw the President partici- later became chairman of the com- down the contention and tried to find a pate in, as a United States Senator, mittee, and that’s what happened. way to find a solution and a resolution. and accelerate his efforts as the Presi- We saw Dodd-Frank become law, A list of the President’s recommenda- dent of the United States in the gov- which gives the Federal Government tions I have, but I don’t think I’m ernment take-over, first promoting a massive regulatory control over the fi- going to take the time or the trouble, $700 billion TARP bailout program that nancial institutions in America. We Madam Speaker, to read them into the was designed to pick up toxic assets saw the government, the White House, RECORD. I’ll just say that it suffices to that could have been far better picked takeover of General Motors and Chrys- show that a number in the neighbor- up by the private sector if he would ler. And we saw ObamaCare pass, which hood of $2.7 billion would be to ear- have just identified them and we would I have declared to be the nationaliza- marks savings, and the termination of have exempted capital gains taxes on tion of our skin and everything inside programs saving is about $1.25 billion, the profits that would be have been it. And by the way, it includes a 10 per- so we get to that number that’s just made. We would have seen private cent tax on the outside if you go to the slightly more than $4 billion. money go in and pick up these toxic tanning salon. That is over 51 percent It’s perhaps a victory. It’s perhaps a mortgages in a large way and be man- of our economy swallowed up by the success. It’s perhaps a temporary one. I aged—managed for a better result that Obama administration and supported think most likely that it is. These cuts would have kept more people in their by the Pelosi House and the Reid Sen- that were offered here today will, most homes. The list of good things goes on ate. likely, be met with an agreement down that might have happened had we had And we come to this point where on the other end of the Capitol Hill more free market solutions and less America can’t take it anymore, Madam building in the Senate that is run by government intervention. Speaker. We can’t take it anymore. Majority Leader HARRY REID of Ne- And all over the world they know that vada. I think I saw some language in b 1830 too much spending has put America in this appropriations bill that might di- But that $700 billion TARP plan was debt. It has put our currency in ques- rectly affect him. That might be what a mistake, in my view, Madam Speak- tion. It has put our economy in an un- helps convince him as well. er. And behind that came the call for stable position, and it guarantees that Madam Speaker, this is a short-term the economic stimulus plan which was we will be in a long, drawn-out recov- piece that was designed to be a period $787.5 billion that rolled up to around ery because we have the overspending. of time that would allow the Senate to $816 billion for the economic stimulus We have the debt to service, which is mull over the House position, which is plan. Not all of it was spent, but it was pay the interest. And then we also have H.R. 1. H.R. 1 is the bill that has the to keep unemployment below 8 percent. to eventually pay off the principal. And highest priority for the Speaker of the We know that it sailed up into the we are borrowing from the Chinese and House. It’s been traditionally the case. upper 9 percentile, 9.7 and above. It has begging them. And we are borrowing And 2 weeks ago, this Congress nego- dialed down now to around 9. But we money from the Saudis and begging tiated, debated, and offered amend- have a lot of people who have given up them. Yes, it affects our foreign policy. ments. Some 500 to 600 amendments and stopped trying. We are watching a foreign policy that were filed. Nearly 200 of them were de- It is clear that the stimulus plan is a conflagration in the Middle East. bated and voted upon. And many of didn’t stimulate the economy at all in Country after country is blowing up them that went in were cuts in spend- the way that it was described or the and seeking to throw off the yoke of its ing or prohibitions from using that way it was promised to us, but it surely long-term dictatorship ruler and re- spending to implement certain policies added to the debt. We have seen about place it with—we are not sure what

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.110 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1443 their ideals are, but they have hit the ahead and spend the money that was or enforce ObamaCare. That is also a end of their patience line. demanded by Bill Clinton and send it fact. They are principled votes. They So here we are. Here we are with a over here to the House. The House was are not votes that are measured on the continuing resolution that the govern- in a position where they couldn’t push dollar figure. In fact, most people who ment is operating on today that was that chain back uphill and President voted in that fashion didn’t know how negotiated and passed here in the Clinton and the Senate got their way much money it actually saved us for House and in the Senate in December. and imposed it over the House. voting to repeal ObamaCare. It extended the funding for the govern- But I will still say that there is not And it is hard for me to take a posi- ment over until March 4 of this year; a dime that can be spent by the Fed- tion on that. I’ll just say that the midnight, March 4, which is somewhere eral Government if the House of Rep- chairman of the Budget Committee, around Friday night, I think. Maybe resentatives insists that it not be PAUL RYAN, has used the words about Thursday night. spent. We have to concede and go along $2.6 trillion is the spending that is So there has been an action here on with it at some point, or it won’t be saved by repealing ObamaCare. the floor to pass a continuing resolu- spent. And the negotiating position That is the best number we have, and tion to do temporary stopgap funding that was there for the House Repub- I don’t disagree with that. I accept to keep the government running for an- licans in 1995 was one that was margin- that number, but it is hard to come other 2 weeks, up until March 18. And ally stronger because they had at least down to something and then argue are that CR has now been messaged to the a majority in the Senate. That is the we doing it because of the money sav- Senate. And the Senate can decide if difference in the dynamics. But it was ings. Did we vote to repeal ObamaCare they want to take it up tomorrow or also about $300 billion, as I recall, on because it would stop the spending of the next day, get it to the President’s Medicare spending. $2.6 trillion? I think not, Madam desk. If the President signs the CR, the So whenever you put down a dollar Speaker. government keeps running; if the figure and you try to stand on that as b 1840 President doesn’t, the government a principle, it is a different stance than I think it’s part of it. It’s part of the shuts down. if you put something that is principle equation—and we can’t afford it—but I am watching as my colleagues seem down and stand on it. For example, there are many other principles. The to think that there is one data point of whether we are going to spend $300 bil- most important one is: ObamaCare message for them to learn from, that lion on Medicare in 1995, or 250 or 200 or takes American liberty, and puts it because there was a government shut- 150 or 100 or no more, you will lose or into the hands of government to man- down in 1995, it was one that was gain people along that line of that con- age our, I’ll say, the second most sov- pushed for by Republicans, it was driv- tinuum. If you want to cut Medicare by ereign thing we have, which is our bod- en by Republicans. They wanted to face $350 billion, you would lose some people ies and our health. President Clinton down and insisted that might be with you at 300. And if That’s what’s wrong with that they pass a balanced budget and you move the line up $400 billion, 450, ObamaCare; it’s a matter of principle. to get to a balanced budget. In spite of you lose some people who might have It’s the takings of American liberty all of the things that happened in 1995 been with you at 350 or 400. that must be stopped. No, we can’t af- and in early 1996, that was the result, Money is something that there is a ford it, and it’s money that’s better Madam Speaker. They shortly had a sliding scale. You cannot find a prin- spent by doctor-patient relationships balanced budget, and that balanced ciple there that you can stand on. It is and by individuals making decisions on budget came a lot sooner than it would like going to an auction and seeing their health insurance and moving on have otherwise and it lasted at least something that you want. And maybe down the line with those conservative until such time we were hit by Sep- you go to the auction and you decide I principles. We need to stand on prin- tember 11 and the calamity that sent want to buy a bicycle and I am willing ciple. this America into an overspending to pay $100 for that bicycle. If you go to We have this opportunity here in this binge. the auction and the auctioneer is cry- 112th Congress to stand on principle. I think we could have faced the ca- ing out he has a bid for $100, now he The stance needs to be that we will not lamity of September 11 without having wants $101, do you pay that extra $1 vote to fund ObamaCare. I’m going to to blow our budget in the way we did, and go home with the bicycle, some- add to this that neither shall we vote but that is not what happened. But thing to show for it? Or do you say, no, to fund Planned Parenthood, and I what did happen in 1995, if that is the that was my principle. My principle shall be looking for ways to unfund only data point, I want to make this was I am not going to spend more than every other entity like them that pro- point, Madam Speaker. First of all, $100. motes abortion or provides abortion as there are thousands and thousands of Well, some people live by that prin- a matter of practice in their facilities. students all over America who are ciple. I do, occasionally. But it is not a Planned Parenthood has invested in studying political science. Some of principle that is tied to anything that promiscuity, but that’s a longer discus- them are watching tonight. Some of is definable from a sense of right and sion than I will engage in tonight, them are reading in the paper the wrong. It is a percentage scale. If $100 Madam Speaker. things that we say and we do, and they was the right number, it is only 1 per- I do think these two issues are tied are analyzing it. They are listening to cent wrong to pay $101. If you get it for very closely together going forward in their professors analyze what goes on $99, do you have any more virtue? No, that ObamaCare funding must be shut here in Congress, and they are listen- you just got a bargain from what you off, and we cannot be asking our Mem- ing to the instruction of the rules, the anticipated. bers to vote again to appropriate funds standards, the axioms that come from But when you stand on a principle, it that can be used to fund ObamaCare. certain data points along the line of is a different story. The principle here Some will be saying we didn’t have continuum of political history. And that is better for the House to stand on ObamaCare funding in this short-term that one data point on that line of con- than the principle of the $300 billion in CR, just as they said there wasn’t tinuum of political history is the gov- 1995 is the principle that we must not ObamaCare funding in the CR that ernment shutdown of 1995, and some of be funding ObamaCare willfully with passed at the end of December that it drug over into very early 1996, and appropriations bills here in the House. takes us to the 4th of March, but here the argument is that House Repub- We must not do so because every Re- is the answer to this: licans lost that because they had to publican and a handful of Democrats, There are at least 21 different compo- concede their position to the President and there will be more, voted to repeal nents to ObamaCare that are bene- and to the Senate. ObamaCare. ficiaries of funding that go into the Well, it is a fact that the House had We passed the repeal and sent it over various departments. There is no prohi- to concede. They did concede. It is also to HARRY REID. Furthermore, now that bition for that money going into or for a fact that the Republicans that con- that has happened, every Republican, being used to implement or to force trolled the Senate at the time passed a with H.R. 1, has voted to shut off any ObamaCare. There are at least 21 dif- unanimous consent agreement to go funding that can be used to implement ferent areas. Then when you look at

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.111 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1444 CONGRESSIONAL RECORD — HOUSE March 1, 2011 the money that’s in there, we discover we are standing on solid, moral, prin- ing for Planned Parenthood, in putting altogether the automatic appropria- cipled ground so that we have a firm an end to overspending. tions. There was something like $4.9 place from which we can then nego- Let’s get serious about real cuts. billion for the balance of this year that tiate those things that are negotiable Let’s get serious about holding the was automatically appropriated. That’s with the Senate, which, by the way, is line. When every Republican in the not prohibited in this CR. We didn’t get a proxy for the President of the United House voted to repeal ObamaCare and it into H.R. 1, actually, either. But the States. So, if it can be negotiated with when every Republican voted to unfund 21 programs are there, and the money the Senate, it’s also negotiated, in my ObamaCare, then, by golly, that’s our is there for them. I can roll those into view, with the President. obligation. That’s what we must do. the RECORD, Madam Speaker, but there In a moment, I’m going to look for- That’s what we shall do. is another component to this that is a ward to yielding to my friend from Madam Speaker, I’d be happy to yield blanket component: Texas, who has just arrived on the to the gentleman from Texas, my It is language in ObamaCare that floor, but I want to also add this: friend Judge GOHMERT. gives the authority to the Secretary of For weeks now, the Democrats in the Mr. GOHMERT. I thank my friend Health and Human Services, Kathleen House and the Democrats in the Senate from Iowa. Sebelius, to do intradepartmental have been clamoring for a government I’ve been listening to your well- transfers so that she can use that shutdown. They seem to be determined thought-out comments. This is a seri- money to implement and force to shut the government down. They ous time, not just in American history ObamaCare at her discretion. We failed seem to think that, if there’s a govern- but in world history; and it’s a little to shut that language off, too. ment shutdown, they’re going to win difficult to get beat up from our friends So this appropriations bill that that debate, and they’re going to from the other side of the aisle over passed today, H.J. Res. 44, the 2-week maybe pick up seats in the House and what’s going on right now over a con- CR, has 21 places in it that could fund pick up seats in the Senate, and they’ll tinuing resolution when there is one ObamaCare, and it still allows for the be able to impose their government reason we’re doing any continuing res- Secretary of Health and Human Serv- growth/government spending/expansion olution—they didn’t do their job last ices to take intradepartmental trans- of debt proposals that they’ve been year. This was supposed to have been fers to use at her discretion, at will, pushing for the last 4 years, which have done last year. They didn’t do it. Why? which funds ObamaCare. failed and which the American people I guess they were concerned if people Then the Pence language, the Pence have rejected. saw exactly a budget that’s required by amendment that he has worked on so We should not be deluded into believ- law, but that wasn’t done last year— valiantly and for so long to shut off all ing that Democrats somehow want to they just ignored that—just like the funding to Planned Parenthood, was go through this period of fiscal aus- President is now going to ignore the passed by this House in H.R. 1. It be- terity. They want to drive this spend- Defense of Marriage Act. I didn’t know came a component of the position of ing up, and they want to have more ex- Presidents could pick and choose the the House that was delivered here at cuses for increasing taxes. If govern- laws that were duly passed and signed about 4:30 on a Saturday morning, a ment grows and taxes grow, at some into law and just say, We don’t choose week ago last Saturday morning. point the taxes grow to the point where to defend that anymore. Those components, I believe, need to they consume everything, and then But to get beat up by people across be part of everything we do going for- those business entities that I talked the aisle over what’s going on is a lit- ward. I will stand and promote those, about being taken over by this White tle tough to take, because they didn’t and I will stand with those who will House become the small part of a long do their job, and now we’re having to stand for life. I simplify it when I say list of business entities that are taken do it. the Pence language shuts off funding to over. b 1850 Planned Parenthood, but there are I’ve spoken of this before. On the Web other components that also were left site, the Socialist Web site, they say: And then to further get beat up over out. We don’t want to nationalize every- spending issues because we’re trying to One is the Dornan amendment, which thing like the Communists. We’re just cut spending. prohibits funding for abortions in D.C. Socialists. We only want to nationalize I know my friend from Iowa, as I did, There is the Mexico City policy that the Fortune 500 companies. Thanks a voted ‘‘no’’ on the CR today because it shuts off funding to abortions in for- lot. Give the barber, the butcher, the didn’t continue the hard-fought battle eign lands, which we’ve always done, baker, and the candlestick maker some that was won in H.R. 1, where we were which is not part of it. The inter- relief. Thanks a lot for that. They want defunding ObamaCare. But I recall in national population control and plan- to manage the Fortune 500 companies 2005, 2006, my first term in Congress, ning fund gets money still, along with ‘‘for the benefit of the people affected getting beat up—figuratively speak- Planned Parenthood. by them.’’ ing—by my friends across the aisle be- This is what has taken place, Madam That’s the unions. cause they said, rightfully, we were Speaker, in this short-term CR. Boy, The President handed shares in Gen- spending too much money and that we it’s hard for many Members to vote for eral Motors and Chrysler over to the were going to run $100 billion to $200 it. They want to be team players, and unions, who had no skin in the game, billion in deficit over the amount we I appreciate that sentiment. From my no equity invested, but he handed the were going to receive in, and that that standpoint, I have an obligation to my shares over to them anyway. It’s right was irresponsible. Well, they were constituents and to God and country to off the Socialist Web site, and the Pro- right. We shouldn’t have been spending do the best job I can to serve, and it gressives that are left in this Congress $100 to $200 billion more than we were goes in the opposite order: God, coun- adhere to the agenda of the Socialists, getting in in 2005 and 2006. They said try. Constituents are right up there which is on the Web site. we were spending too much, they were with country. Sometimes the best in- But Democrats who are clamoring for right. And what happened in November terests of my district are not always a shutdown fail to understand that the of 2006? They promised they would get going to be the best interests of Amer- American people are more sophisti- the spending under control if they were ica. I haven’t had that conflict that I cated today than they were in 1995. given the majority, they got the major- can articulate yet, but if that comes, They’ve seen this movie before, and ity, and they immediately started I’m pretty confident my constituents they fear it ends with Republicans giv- spending more than we had spent. will understand the priority. ing in to the demands of tax con- And so here we are after a Demo- We have to do the right thing for the sumers. I have that same fear, but I’m cratic President gets elected promising long term for our country, and the encouraging all of us on this side of the hope and change, and people didn’t re- right thing is for us to stand on prin- aisle and those discerning Democrats alize that the change was going to be ciple and to shut off this funding to who remain—and there are some—to the few pennies left in their pockets ObamaCare, to shut off this funding to join with us in putting an end to after this government was spending so Planned Parenthood, to make sure that ObamaCare, in putting an end to fund- much and leaving little that banks can

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.113 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1445 loan for new businesses and small busi- money as I had hoped before I retire, ObamaCare by a thousand cuts, I’d ask nesses to hire people. So the economy but I’m done. And they’re giving up the those folks that are concerned about a is struggling. I mean, this government medical practice. I talked to a doctor real showdown with the President on has sucked up all the capital that there just this morning who said the very ObamaCare to think about what really is to create jobs and to get the econ- same thing. happened not so much in the 1995 shut- omy going. It just keeps bringing back: If you down, which I said earlier I don’t think So one of the things that has trou- care about people, if you care about is applicable under these cir- bled me is hearing people complaining them having jobs, if you care about cumstances. There’s a better issue to about wanting to cut hundreds of bil- their self-respect that comes when they understand. lions of dollars—in fact, trying to cut have a meaningful job, earn their own And that is in 1998 when the impeach- $1.5 trillion of the President’s proposed keep instead of having the government ment of President Clinton was brought $3.65 trillion budget, $3.7 trillion. We’re luring them into indentured servitude up, when America found out about only supposed to get in about $2.16 tril- status where they are servants of the what was going on in the Oval Office lion total of all Federal revenue, and government and just running around and in the room next to the Oval Office this President’s proposing a budget wherever they can find a government in too stark of detail for the children of that’s $1.65 trillion more than that. that will hand them a check and de- America to be so rushed in to the birds So I keep wondering, since our Demo- manding checks, America deserves bet- and the bees discussion in the way that cratic friends across the aisle were ter. they were, Madam Speaker. beating up on us in 2006 for spending There are people that have given that The SPEAKER pro tempore. The too much money, what would be wrong last full measure of devotion to make time of the gentleman has expired. with saying not cut $100 billion, but cut sure that freedom existed around here, Mr. KING of Iowa. Madam Speaker, I $1.65 trillion, and let’s get back to not freedom to go begging the govern- apologize. I didn’t hear your gavel ear- where we were in 2006. That was only ment for a check, not freedom to go lier. $200 billion over what we were receiv- begging the government for health So even though it’s abrupt, I am ing. The Democrats were right: Repub- care, to pass some law that we’re going happy to yield back the balance of my licans were spending too much money to take someone’s money that they time. in 2005 and 2006. What would be wrong earned, they don’t want to give up, and f with going back to that budget? And force them to spend on people who WHAT CAUSED THE FAILING yet here there’s all this rancor over don’t want to work. We owe them bet- ECONOMY ter than we’ve been doing. just cutting $100 billion. And the Presi- The SPEAKER pro tempore. Under dent’s talking $1.65 trillion more than And so when we hear our friends talking about how we shouldn’t even the Speaker’s announced policy of Jan- we received in? uary 5, 2011, the gentlewoman from I don’t know if my friend from Iowa have to go through this process, I couldn’t agree more. If they had done California (Ms. SPEIER) is recognized noticed, but 2 weeks ago when the for 30 minutes. President came out with his absolutely their job, if they had cut spending in- stead of putting the dollar in jeopardy, Ms. SPEIER. Thank you, Madam irresponsible budget that was going to Speaker, and I appreciate the oppor- spend $1.65 trillion more than we putting our economy in jeopardy, then they’re right, we shouldn’t have to be tunity this evening to talk about some- brought in—not the $160 billion more thing that we’re not talking much that we got beat up for spending more going through this. But we have got to defund ObamaCare before too many about right now. We talk about the than, but 10 times that, $1.65 trillion— loss of jobs, the unemployment. But I noticed in the paper the next day that more people lose their health care and end up having rationed care. I heard what really caused it? the Chinese were selling off some of You know, a few weeks ago the Fi- about more doctors today who are no their U.S. bonds, some of the debt from nancial Crisis Inquiry Commission ac- longer taking Medicare or Medicaid. our country. Well, it immediately tually submitted its report to Con- We owe all of the people across this came to my mind, if I were China and gress. The good news is that it’s on the country better than what they’ve got- I were holding our debt, and I saw that best seller list. The bad news is that I ten in the last 6 years, and what the President of the United States, de- am fearful that it’s going to be gath- they’ve sure been getting the last 2 spite making almost daily speeches ering dust in the Chamber here and about how we’re getting spending years. These are dire circumstances, and we throughout this building because in under control—it would be irrespon- just can’t keep this going. I mean, we this document it speaks volumes about sible, he says, not to get spending are really in serious trouble. And I why we are sitting where we are today; under control—and then he reveals his know my friend knows that or he why our economy has tanked; why budget and it’s spending $150 billion wouldn’t be spending his time here there are 15 million people unemployed more than he did last year, I’d start when he could be doing so many other in this country; and why there are 4 selling off our debt too. I would be things. But I appreciate my friend from million people who now have been fore- thinking these people are so crazy. Iowa more than he could possibly closed on, and another 4 million who I mean, the dollar is the reserve cur- know. I appreciate his courageous are underwater relative to their mort- rency of the world. Nations around the stands, and I look forward—I can’t gages. world have been advising us as friends, So this evening I am joined by the really say that. I don’t look forward to look, you don’t realize what you’re distinguished member from the Finan- the battles ahead, but I look forward to doing, but people are getting ready to cial Services Committee, my good having a friend as we go through them. dump the dollar as a reserve currency friend from the State of North Caro- for one reason—well, two reasons: One, b 1900 lina, who is a powerful voice on con- a lot of them are jealous, but number Mr. KING of Iowa. Reclaiming my sumer protection and the financial cri- two, we’re being irresponsible with our time, I thank the gentleman from sis that we’ve endured. And we’re going economy and with our spending. And so Texas. He sparked some things in my to spend the next half hour just talking I couldn’t help but vote ‘‘no’’ today on mind that in about the 6 minutes we about it. the CR with my friend from Iowa. may have, a little bit of dialogue with Well, first and foremost, what was I also heard a lady yesterday talking regard to that. this commission? This commission was about 30 people had lost their jobs be- One point that I wanted to make a bipartisan, independent 10-member cause of ObamaCare and what this ad- about what’s going on with the strat- committee composed of private citi- ministration is doing. I’ve heard from egy on ObamaCare is that I’ve spoken zens with experience in economics, fi- people who are extremely upset back in significantly about how this House has nance, housing, market regulation. Texas who have lost their health care voted to repeal it, this House has voted They held 19 public hearings in affected just because ObamaCare has been to shut off the funding to it at every communities across this country in- passed. I’ve talked to doctors who have single opportunity. cluding Washington, New York, Miami, said, I’m done, I can’t play these games And if there’s a strategy out there Sacramento, Las Vegas, and Bakers- anymore. I have not saved as much that says we’re going to do death to field; 115 witnesses appeared before the

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.115 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1446 CONGRESSIONAL RECORD — HOUSE March 1, 2011 commission in sworn public hearings, against the owner of Beneficial Mort- the economy, where they can extract including leading figures in the crisis. gage in your State, my dear friend money, they can loot the economy, is In addition, the commission inter- from North Carolina, for selling fraud- what economists called rent-seeking, viewed over 300 people, virtually all of ulent loans to Fannie Mae. doing nothing particularly useful, but the key players in the financial col- First Beneficial repurchased the just taking a piece of other people’s lapse, including Angelo Mozilo of Coun- fraudulent loans from Fannie but then productive work. trywide, Richard Fuld of Lehman, and proceeded to resell them to Ginnie Mae There has been a lot of gloating in Joe Cassano of AIG Financial Products without any interference from Fannie. the last little bit about how successful Division, and examined thousands of Fannie later paid $7.5 million in res- the financial rescue has been, and by documents—all of which are posted on titution to the government for allow- many measures it has been. The banks the Web. A totally transparent process. ing the sale. have not actually collapsed; the finan- And the single most important state- Assistant Director Swecker told a cial system didn’t collapse. We did not ment they made was this crisis could congressional committee in 2004 that if have a Great Depression, as painful as have been avoided. fraudulent mortgage practices became this has been, but the financial col- Now, they gave just a few examples. unrestrained and systematic, it would lapse and the rescue profoundly of- The Securities and Exchange Commis- ultimately place financial institutions fended Americans’ sense of justice, and sion could have required more capital at risk and have adverse effects on the it offended my sense of justice. and halted risky practices at the big stock market. Boy, was he prescient or What led to the financial collapse investment banks, but they did not. what? was not some perfect storm of unfore- The Federal Reserve Bank of New York So here is an interesting chart that seeable macroeconomic forces and this and other regulators could have shows how we’ve seen an increase in weird combination of events that no clamped down on CitiGroup’s excesses fraud reports at financial institutions. one could possibly have seen. It really in the run-up to the crisis. They did Now, these are really undervalued. was the result, as the FCIC report con- not. Policymakers and regulators could They’re probably five times higher be- cluded, it was not just preventable; it have stopped the runaway mortgage cause many institutions do not actu- was the result of blame-worthy con- securitization train. And they did not. ally report like they should. But what duct that we should never have allowed So this document has line and verse is even more disturbing is that while to happen. of what went wrong. But one of the the number of mortgage frauds have in- I first got involved in this issue, not most telling parts deals with the mort- creased, the number of actual prosecu- knowing it would result eventually in a gage fraud, and I would like to just put tions have slowed down. So as we are financial crisis, through working on this up. trying to kind of somehow come to the issue of mortgages, knowing that How many executives have been held some understanding of why this all the mortgages were terrible for con- accountable for their actions in this fi- happened and how do we make sure it sumers, for homeowners. And the way nancial crisis? doesn’t happen again, if we don’t have that they had been portrayed, as a As you can see, two have been crimi- enforcement tools, if we don’t have good-faith effort by the financial sys- nally charged. There have been zero those who have the enforcement tools tem to try to make home ownership convictions, zero sent to prison. seeking to go after the mortgage fraud, available to people who could not oth- Well, what happened when the sav- then in all likelihood it will continue erwise afford it, was completely dif- ings and loan crisis occurred in this to happen. ferent from what was really going on country decades ago? So I know that my good friend from with subprime mortgages. The results there were much dif- North Carolina is interested in weigh- There was an explosive growth of ferent: 1,188 were criminally charged, ing in on this issue. I think that as we subprime mortgages. They grew from 8 915 were convicted, and 582 went to discuss this issue, it’s important to percent of all mortgages in 2003 to 28 prison. Convictions included more than know, one, that there are enforcement percent in 2006. That is enormous 260 thrift CEOs and senior executives tools, but they have to be used. growth in just 3 short years. And they including, of course, the famous Mr. I yield to my good friend. certainly were not about helping peo- Keating. Mr. MILLER of North Carolina. ple buy homes who otherwise could not So it is very important for us tonight Thank you, and thank you for orga- have afforded home ownership. and through the next year or two to nizing this Special Order tonight to In fact, every study that has looked not only study this document but to talk about an issue that we should not at it has concluded the great majority put it to paper. By ‘‘put it to paper,’’ I turn our attention from because we of people who got subprime loans quali- mean legislate around it. need to remember how we got here if fied for prime loans. They got cheated. Now the Dodd bill is an incredible ef- we’re going to figure out how to get They got steered into loans that obvi- fort in that regard. The Dodd-Frank ef- out and how to make sure we don’t get ously were not in their interest. They fort was one that we were successful in here again. This has been the worst weren’t about helping people into home moving through; but as this report economy since the Great Depression, ownership. points out, there were powers that and we need to make sure that the mis- In fact, subprime was almost entirely many of these regulators already had takes that got us here are mistakes we a creature of refinances. Seventy per- but chose not to use. avoid in the future. cent, even during that 2003 to 2006 pe- Now, the second poster talks about Our colleagues across the aisle have riod, 70 percent were refinances. People mortgage fraud; and the compelling in- said the great issue in American poli- already owned their homes, but they formation in the report that I think is tics now is between those who want big needed to borrow money. Some of them important to point out is that, again, government and those who want small lived beyond their means, there is no there were people that were looking at government. doubt about it. Some of them were the problem and saying, Wait a minute, using the equity in their home as an we need to do something about this. b 1910 ATM machine. But the fact is for the One in particular was the Deputy Di- The real issue is which side govern- last generation the means of middle rector of the FBI who began to look at ment is on; and for too long, govern- class families have not been enough. this issue and thought something is ment has not been on the side of work- Americans, as the economy has grown, wrong here. ing and middle class families who are as the Nation has prospered, that pros- According to the FBI, 80 percent of trying to make an honest living, who perity has not been widely shared as it the cases of fraud involves insiders. So are trying to support themselves, sup- has been in the past. if there was fraud being exercised in port their families, do the right thing, And so when Americans got into the mortgage industry, it was coming do something useful with their lives. trouble, when they needed to borrow from the inside. FBI Assistant Director Government has been on the side of money from somewhere, when someone Chris Swecker began noticing a rise in people who were trying to make a kill- in the family got sick, when someone mortgage fraud back in 1999 and in 2002 ing by getting themselves into a posi- lost their job, when they went through led a successful criminal prosecution tion where they can take advantage of a divorce, when they needed to borrow

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.117 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1447 money, the only way they could borrow in your account, and you went to the the kind of investigation and enforce- money was to borrow it against their ATM machine and you took out 20, and ment, then we are setting ourselves up home, to refinance their home. Seventy then you took out another 20, and then for another financial crisis. percent of subprime loans were refi- you made a $20 purchase, and then an- b 1920 nances. And again, the great majority, other $20 purchase with your debit The Wall Street Journal estimated 55 card, and then maybe a $15 purchase, Mr. MILLER of North Carolina. I am percent, most of the other estimates and then you wrote a $100 check or a reminded of one of my favorite quotes have been more than that, were people $105 check, the banks would put the from Will Rogers, who is responsible who qualified for prime mortgages. $105 check through first, putting you for many of my favorite quotes, that in the New Deal, even after the financial Ninety percent were not fixed rate, over your limit, charging you a $40 collapse, even after the stock market 30-year mortgages. They had a quick overdraft fee on that and the 20, the 20, collapse and the revelation of all of the reset after just 2 or 3 years. So they the 20, the 20, and the 15. Now, that’s conduct that had led to that stock were 2/28s or 3/27s. Most people who got just crooked. And that was legal. market collapse, the securities indus- those loans did not even know that. Ms. SPEIER, my colleague from Cali- They did not know that the initial fornia, has pointed out the lack of try fought tooth and nail. Wall Street mortgage payment that they had to prosecutions. But perhaps the greatest fought tooth and nail the regulation of the securities markets, the stock mar- make, monthly payment, was going to scandal of this financial crisis is what kets. be subject to a very quick increase. was legal; not that illegality was Will Rogers said, ‘‘The boys on Wall And the increase after just a couple of blinked at, but what was legal in all of Street don’t want a cop on their years was generally 30 to 50 percent a this. block.’’ Well, they still don’t. They We have now passed legislation that month. To get out of the mortgage, the still do not want someone standing be- should reform much of this, but we great, great majority had to pay a pre- tween them and the kinds of profits have to stick to it to make sure that payment penalty, usually like 3 per- that they made in the last decade. cent of the outstanding balance of the those reforms are enforced, they are Ms. SPEIER. You know, you are ab- mortgage. given meaning, and that the regulators solutely right, and so is Will Rogers. I Now, those were not mortgages that do not fall into that tendency to be think that it’s important for us to were designed to help middle class fam- controlled by the people they are sup- communicate to the American people ilies. Those were mortgages designed to posed to be looking after. They are sup- that while we don’t want bloated gov- take the equity in their home, to strip posed to be the cop on the block, and ernment, we want to make sure that them of the equity of their home as they have to exercise independent judg- there is a government that has the cop house prices were going up. There was ment on behalf of the American people. on the street. never any thought that they really We need to make sure these reforms Look at the savings and loan crisis would be able to pay off those mort- work because we cannot allow what and those who were criminally charged gages over the course of 30 years and happened in the last decade. It truly of- and those who were convicted and then invite their friends and family fended Americans’ sense of justice, those who went to prison. The FBI dep- over to have a ceremony where they that the people who caused it have uty director at the time, John Pistole, would burn their mortgages, as earlier come out unscathed. Not only have testified before Congress and said that generations of Americans had done. they not been criminally prosecuted, there were a thousand people working They were mortgages that had the ef- but they are now back to making the on the S&L crisis at its height within fect of trapping people in debt and tak- same kind of bonuses they made before. the FBI, a thousand people. ing from them the equity in their home And the people who have suffered, suf- That compares to about 240 agents and making sure that that ended up in fered the most, are the working and working on the mortgage fraud cases the pockets of the financial sector, not middle class families who got trapped last year. So, you see, no numbers in in the pockets of the middle class fami- in those mortgages, or who lost their terms of convictions, and you can see lies. jobs, or even people who had good that if you don’t have cops on the beat, Other practices in that last decade mortgages have now seen the value of then you are going to have people that that should never have happened, over- their homes collapse. And with the loss are going to take advantage, that are draft fees. Now, overdraft fees serve a of the value of their home, one in four not going to follow the rules, and that, useful purpose. In another generation, people with mortgages now are under- frankly, will not be charged nor con- we used the criminal laws to prosecute water, owe more on their home than victed for their crimes. people who wrote bad checks. There are their home is worth. I am reminded, too, that during a lot of perfectly honest folks who got With that, they have seen the loss of much of this review by the commission themselves in just a little bit of trou- their life savings. That is the life sav- they talked about the action that some ble, or didn’t balance their checkbooks, ings for most middle class families, the regulators did take in 2005 where they who ended up with prosecutions for equity in their home. So of course peo- weren’t willing to actually take action writing bad checks. But overdraft fees ple have a knot in their stomach. They against the banks, but they did issue became a source of profit for banks. A have a knot in their stomach about what they called was a nonbinding typical overdraft fee would be 40 bucks. whether they’re going to keep their guidance. The guidance was to rec- The biggest banks actually developed jobs. They have a knot in their stom- ommend the banks consider a bor- what was called ‘‘fee harvesting soft- ach over what they really own in the rower’s ability to make the loan pay- ware.’’ world when they have seen the value of ment when the rate adjusted. If you had an overdraft agreement, their home collapse in the way that it What a lightbulb going off. I mean, and you had one unless you specifically has. why wouldn’t that be naturally part of asked not to have one, and you went to So I thank the gentlelady from Cali- the process when you were going to as- an ATM machine and you asked for fornia for organizing this Special Order sess whether someone could carry the your balance, it wouldn’t actually tell so that we can call attention again to loan, to see whether or not they could how much you had in your account. It the kind of misconduct, the kind of carry the loan after the rate adjusted? would say ‘‘funds available.’’ That corrupt, rent-seeking looting of the But as you pointed out, they were all meant how much your balance was plus economy that we have seen in the last interested in the yield spread. They what they would allow in overdraft decade that got us to where we are. were all interested in churning. They fees. Ms. SPEIER. I thank the gentleman. were all interested in securitizing these And they would run the bills through Reclaiming my time, you know, you loans and making more and more in a way that would maximize your had said earlier that our friends on the money. So it wasn’t about making sure overdraft fees. So if you were like a lot other side of the aisle were bemoaning people could actually pay for the loans of people and you got to the end of the the big government; and yet if any of moving forward. month and there was more month than the records that have been established I see we have been joined by another there was paycheck, and you went to by this commission are really studied, colleague. Welcome. I yield to the gen- the ATM, and you had a hundred bucks without the kind of government to do tleman from New Jersey.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.119 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1448 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Mr. PASCRELL. I didn’t come to ment, to get to those people who made be. Thank you for sharing this half speak on this issue tonight but another money on the backs of the working hour with me, and let’s hope that we issue, but I can’t help but look at the men and women of this country. can continue to shed light on this graphic message that’s right there in Ms. SPEIER. The gentleman from issue. front of everybody, in front of the North Carolina. f country, about the financial, Great Re- Mr. MILLER of North Carolina. GUN VIOLENCE cession, depression—who was charged Thank you very much. I think we all and how many were convicted. This is struggle with what phrase to use to de- The SPEAKER pro tempore. Under a very, very, very sad omen. scribe the people that have been hurt the Speaker’s announced policy of Jan- If we go back into the nineties and by this. I think we use the words, the uary 5, 2011, the gentlewoman from into the first decade of this century, phrase working and middle class fami- New York (Mrs. MCCARTHY) is recog- very, very specific, as we understood lies, sometimes we say ordinary people. nized for 30 minutes. what was going to come, you need to Sometimes we say regular people. But GENERAL LEAVE have a Justice Department that’s will- the phrase that keeps coming to me is Mrs. MCCARTHY of New York. ing to stand up and fight the very peo- people who are trying to make an hon- Madam Speaker, I ask unanimous con- ple who many times fund our cam- est living. sent that all Members may have 5 leg- paigns. And I think my model for that was islative days in which to revise and ex- Now, if you can’t say it, then you my own parents. I am a child of the tend their remarks and include extra- shouldn’t be here. middle class. My father worked for the neous material on the subject of my AIG is a perfect example. They be- post office. He managed, at the end of Special Order. came the poster child of everything his life, he worked for the post office The SPEAKER pro tempore. Is there that was going wrong in our financial almost all of his life, almost all of his objection to the request of the gentle- institutions. But AIG, in 2003 and 2005— working life. He died in 1965. At the end woman from New York? rather, 2003 and 2005, got what are of his life, when I was 12, he was a man- There was no objection. called deferred prosecutions. Deferred ager of a neighborhood branch of the Mrs. MCCARTHY of New York. I prosecutions to me are the very center, post office. want to talk tonight a little bit about, the very apex of what is corrupt about After that I saw my mother support number one, why I even came to Con- me on her own as a widow, when I was those moneylenders in the temple. gress and why I’m up here tonight Now, what is AIG all about? They 12 forward. I remember my law school talking about gun violence. I just want made and packaged many of these fi- graduation, my mother trembling. I to give you a little history. On Decem- nancial deals that we read about it for thought that she was overcome with ber 7, 1993, a deranged man named so many years. And people look at this pride since my generation was the first Colin Ferguson got on the Long Island and they read about it. They may not in our family to go to college. She later Railroad train and changed my life and know all the specific definitions about admitted to my sister that she had ac- that of many others forever. As the every one of these packages, these fi- tually, after my father died, prayed train pulled into Merillon Avenue in nancial products, as they were called, that if her youngest, me, could just get Garden City, he took out a handgun but they do understand that nobody through school, He could take her at and opened fire on those passengers in ever pays for anything, and nobody any time. So she was expecting to be the train. He killed six people, includ- ever is held accountable. struck down at any moment and was ing my husband. He injured 19, includ- So how can people, the average per- trying to negotiate a new deal with ing my son, who was shot in the head son who is struggling, particularly God. at close range. Thankfully, my son did I am deeply offended by the sugges- now, see it’s all right when things are survive. And while it has been a dif- tion that my parents, both of whom going well, the AIGs become simply a ficult struggle for him, he has a rich were public employees, my father fault, a sand pebble on the beach of our life now with a wife and two children. worked for the post office, my mother brains. I consider them my miracles. And I’m But the fact of the matter is, when was a bookkeeper for the local school very grateful that he did survive. things get tough, then you will wonder system, were not making a contribu- What I did after that incident was be- where this money is going. Because tion to society, that they were taking, come an advocate for reducing gun vio- money doesn’t disappear into the that they were takers and not givers. I lence in this country, to see if I could ocean, it doesn’t disappear into the at- saw how hard they worked to do right help others not have to go through the mosphere, into the sky. It goes some- by me and to do right by the people same pain that my family and the place and it winds up in someone’s who were paying their salaries. other families of the Long Island Rail- I am deeply offended by the argu- pocket. It’s simple one-on-one mathe- road massacre went through. As often ments that public employees are people matics, beyond the course. happens when you become an advocate who are taking from our society and When you look at deferred prosecu- for a cause, any cause, that led me to not giving back. The idea that they are tions and how many corporations got work with elected officials and the gov- takers, and the people who came up deferred prosecutions, where the gov- ernment to try to change policies that with this stuff, are the ones doing ernment said, where the Justice De- I thought were hurting the American something useful to society, that they partment said, look, if you straighten people. are the ones who are making a valuable out and fly right, and we will have a And also as often happens when I dis- contribution, offends me deeply. Federal monitor there to make sure covered that there was only so much Ms. SPEIER. It offends me as well. that you don’t do the financial prac- As we conclude this half hour, I just you could do outside the government, I tices that you did before, then we will want to say to our colleagues that this ran for office myself. I was never a very let you go. No one will be prosecuted, commission report must not gather political person, but I believed so and no one will be taken to task, and dust. This commission report has got strongly in this cause that people saw no one will go to trial, and no one will, to be read by everyone, particularly and gave me the chance to be their therefore, ever be convicted. My friend, our colleagues on the other side, and Congresswoman. The Members of this it did not work with AIG, and it hasn’t that we have got to take it to heart. body embraced me also. That was in worked with any of the large corpora- One of the points they make in this 1996. Even though I work hard on other tions. report was that $2.7 billion was spent issues like the economy and education, You know what? I don’t blame one by the financial services industry over I’m still fighting that this struggle to party for this. We were part of the situ- 10 years to lobby all of us, and another reduce gun violence is the same battle ation as well, and until we stand and $1 billion was given out in contribu- I had back in 1993 and on. tell the truth about our own implica- tions to Members of Congress. So let’s go fast forward now. From tions in this thing, this is never going 1993 to January 8 of 2011, on that fate- to be changed. b 1930 ful day in Arizona, six lives were stolen People want to be confident in their So, it’s no surprise that the enforce- from us, and 13 of our fellow Americans government and their Justice Depart- ment hasn’t been as strong as it should were injured, including one of our own,

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.121 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1449 Congresswoman GABBY GIFFORDS. Cer- This is a very simple bill, a bill about fort to do something to reduce gun vio- tainly it hit home for all of us, and it our public health and our safety. We lence. I think one of the most impor- sends a chill down all of our spines. I also have a moral imperative to pro- tant things I can do while I’m here know I’ll never forget that day. The tect innocent and law-abiding Ameri- with you is to ask for your help and shootings had eerie similarities to our cans from the threat of dangerous ask the American people for their help. own incident in 1993. Six people were weapons in the wrong hands. In Amer- We all saw recently from the world killed and over a dozen injured. Like ica, we believe in life, liberty and the events the kind of change that you can my son, Gabby was shot in the head at pursuit of happiness. To me, life, lib- make happen when you have the power close range. Like my son, she’s looking erty and the pursuit of happiness in- of the people behind you. And certainly like she’s making a wonderful recov- clude being able to go grocery shopping we have done this before. We have ery. And we’re all rooting for her. on a Saturday or attend a public event come together as a Nation, Democrat There are a couple more similarities on a Saturday afternoon without being and Republican, to pass sensible gun that bear mentioning. In both the gunned down. laws in order to save lives and reduce shootings, the gunmen used high-ca- This bill does not take away anyone’s injuries. If you are not a cosponsor on pacity magazines that allowed them to right to own a gun. Let me make that this legislation yet, please become one. maximize their carnage; and in both very, very clear. This bill does nothing If you are still not sure if you want to shootings, the gunman was tackled by to take away anyone’s right to own a support this legislation or not, please unarmed witnesses while they stopped gun. I believe in this Second Amend- feel free to talk to me or anyone on the shooting when he was trying to re- ment, and I support law-abiding hunt- staff. Go on my Web site and read the load. ers and sportsmen. But common sense bill. Basically, this is a very narrow I ran for office and entered govern- dictates there is no need for the kinds bill. ment to make a difference. I came to of devices that this bill is addressing Finally, no matter what we do, Congress to make our lives safer. I other than for killing as many people whether you support this bill or not, have a legislative proposal that I think as possible in the shortest possible please let’s look at ourselves in the should reduce the casualties in that su- time. mirror and ask ourselves: After the permarket parking lot on January 8. Almost 100,000 people a year are shot shooting in Arizona, will we sit by H.R. 308 is a bill to ban high-capacity in this country, suicides, homicides, helplessly and do absolutely nothing or magazines like the ones used in Ari- accidental deaths and on and on. will we do everything we can to save zona and on the Long Island Railroad. That’s over 260 people a day. Every sin- lives and protect innocent people for These are devices designed to hold gle one of those people have families the future? more than 10 rounds of ammunition and friends. Think of how many mil- I want to thank you again for listen- and feed them into a gun. The State lions of Americans are affected by gun ing to me tonight, and I want to say law in my State, New York, have al- violence every single year. I want to that even if we can save one life, one ready banned magazines holding more remind us all that we can help lower life, with all of our efforts, than to me than 10 bullets, and that was also the these awful statistics. We can help save it has been well worth it. Federal law between 1994 and 2004. So lives, and we can help prevent lives My good friend and colleague from we know that there’s precedent for this from being shattered. New Jersey, BILL PASCRELL, who has law on a State and a Federal level. Now, this bill is getting more and been outspoken on this issue for many, There is no question about its constitu- more support every single day. We have many years, I appreciate him being tionality. over 90 cosponsors in the House and 10 with me tonight. Unfortunately, most States, like Ari- in the Senate. And every day there’s Mr. PASCRELL. I appreciate the zona, don’t have limit on high-capacity another newspaper editorial or a col- gentlelady for yielding. Madam Speak- magazines. This is what allowed the umnist supporting this bill. There are a er, it is good to see you in the seat this shooter to just walk into a common lot of coalitions, organizations, and evening. store and buy the weapon he did right leaders out there working to support I support the Second Amendment. I off the shelf. This is a reasonable, com- this bill to reduce gun violence in our was lucky enough to come into this monsense bill that makes accommoda- country—the Brady Campaign to Pre- Congress with my friend from New vent Gun Violence; the Violence Policy tions for public safety and gun owners’ York, CAROLYN MCCARTHY. She has Center; the Coalition to Stop Gun Vio- rights. This includes exemptions for been a champion for the issue against lence; New Yorkers Against Gun Vio- our law enforcements and our military gun violence. lence; New York City Mayor Michael as well for testing purposes or for secu- I am proud to be here tonight sup- Bloomberg; the United States Con- rity guards looking after nuclear facili- porting her legislation, H.R. 308, the ference of Mayors; Philadelphia Mayor ties. Large Capacity Ammunition Feeding Michael Nutter; Richard Aborn, who As I noted, often shooters are tackled Device Act. The McCarthy bill will re- was a former president of Brady; Moth- and stopped when they run out of bul- instate the ban on large capacity am- ers Against Guns; Faiths United to lets in a magazine and stop to reload. munition feeding devices that existed Prevent Gun Violence; States United That was the case for my family in for quite some time, from 1994 to 2004, to Prevent Gun Violence; and many, 1993, and that was the case of Arizona. as the gentlelady from Long Island has many more. Maybe if the shooter in Arizona had Even pro-gun conservatives like Vice said. fewer bullets in the magazine, we President Dick Cheney say that it As has already been stated, this bill wouldn’t have had the carnage that we would be reasonable to discuss rein- bans the sale or transfer of high capac- saw. Fewer people would have died. stating the restriction that was in the ity magazines, those holding more than Fewer people would have been injured. assault weapons bill and to do away 10 rounds, by non-law enforcement ci- We would be looking at one less funeral with the large magazines. vilians. I state that right now, Madam or a few less life-changing injuries. Speaker, to make it very, very clear, Immediately after the shooting in b 1940 this is an issue close to my heart be- Arizona, there was a lot of talk just We are also hearing word that Presi- cause I came to this Congress in Janu- about by everyone about putting par- dent Obama will publicly address the ary 1997 pledging my support to defend tisanship and politics aside and work- issue of gun violence soon. We don’t law enforcement officials throughout ing together for the common good. I know whether he will talk about this the United States of America. see this bill as an opportunity to do bill or other measures that I also sup- Many times those who illegally have that. This is not a partisan bill. There port, like strengthening our back- these guns or have illegal guns, many is no Democrat or Republican way to ground check system, or closing the times they are better armed than our become a victim of gun violence. And gun show loophole, which allows you to police forces. Just think about it? there is no Democratic or Republican buy guns at gun shows without a back- When we raise our hands, if we are for- way to reduce it. In the absence of a ground check. tunate enough to be elected or re- perfect, nonviolent society, we must But the good news is that people elected, we swear to uphold the Con- make laws to protect the public. across the country are uniting in an ef- stitution of the United States and life,

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.123 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1450 CONGRESSIONAL RECORD — HOUSE March 1, 2011 liberty, and the pursuit of happiness, 10 years. If it didn’t work, we wouldn’t where the shooter killed 13—13 stu- as you heard the gentlewoman just be here tonight. Records show that dents and teachers—and wounded 23. mention. Part of that pledge, or a re- while the Federal assault weapons ban Going back to California, a shooter flection of that pledge, is how we treat was in effect, the number of high ca- killed eight and wounded six. At our law enforcement officials besides pacity magazines collected by police Luby’s Cafeteria in Texas, the shooter just patting them on the back. So we fell dramatically. killed 23 and wounded 20. want to not only have a law enforce- This is a return to the same standard These were all done by large capacity ment person, a police officer out there we have in many States, including my clips. who is well equipped, who is well home State of New Jersey, and the law My colleague, Congressman trained, but is in a better position to of the land from 1994 to 2004. There is PASCRELL, talked about health care. defend us than those who seek to de- no question that it is constitutional. My son was shot 17 years ago. His med- stroy property or limb. This is not a Republican or a Demo- ical bills within a couple of years were It does not make sense. The failure of cratic issue. Let’s not make it that. over $1 million, but there is the pain Congress in recent years to shoulder This is not about taking all guns away that he still has to go through every the ultimate responsibility of safe- from law-abiding citizens. It has noth- single day, which our friend GABBY is guarding our communities from gun vi- ing to do with that, either. This is going to have to go through just to be olence is inexcusable. This is not rhet- about saving lives. And right now we able to do normal day things: tie your oric. This is common sense. These mag- pray for our own buddy, our own sister, shoes, get dressed. My colleague men- azines, which contain so many bullets who was just here not too long ago. tioned $100 billion a year in health care that can kill so many people, have no Where is she? I didn’t see her the last costs. We know that we can’t save every place in our towns, have no place in few days. She’s healing. We thank God life. I know that. I spent over 30 years our cities. she is in the position to heal. as a nurse. I couldn’t save every life, The tragedy in Arizona was a gut- We can do something about this reck- wrenching reminder of what can hap- but we sure did our best to do every- less nonsense without violating the thing that we possibly could to make a pen when these weapons are legally Constitution of the United States of available. We are not suggesting taking difference. That’s why I stand here to- America which we have all pledged to night and talk about why I feel so pas- guns away from anyone who legally adhere to. sionately about this. Unless you’re a possesses them, and I can’t emphasize I yield back to the gentlelady from victim, unless you’re a family member that enough. And I know those who are Long Island, and I thank you, Madam or a friend who has lost a loved one or very close to the gun community are Speaker. someone who was injured, it’s very very suspect of anything that will lead Mrs. MCCARTHY of New York. And I hard to describe the pain that goes on to a graduated taking of guns away thank my good friend. for many, many, many years. For those from the people. That has never been You know, a lot of times there is a who survive, there is not only the men- the intent of the gentlelady from Long lot of propaganda out there that gun tal trauma that they go through; there Island, and certainly that is not my in- owners don’t want to go anywhere with is also the physical trauma that they tent whatsoever. And that is not sim- this, but the support for this bill and go through, which some will carry for ply an assuaging of the argument; that gun restrictions in general, from orga- the rest of their lives. is the fact. This is not about guns. This nizations and members of the media, Again, I say there are supporters, and is about reason. This is about sanity. are also reflected in public polls. I want to read off a few. They’re main- This is about peace of mind. The Mayors Against Illegal Guns ly from newspapers across the country. That tragedy will always remain in showed that almost 60 percent of all Here in Congress, everybody talks our minds. Our sister is hurting, and Americans and even 49 percent of gun about red States and blue States. Yet we pray for her recovery. The perpe- owners support this bill. these are States that have people in trator of that heinous crime fired 32 A public policy poll found that 55 per- them. We can disagree, certainly, on bullets in only 16 seconds. He killed 6 cent of the people in Arizona, a State where we’re going on certain issues, people and injured 13. That did not hap- where gun rights are dearly cherished, but there are newspapers around the pen that long ago, and yet, it is out of support more restrictions on guns. country and editorial boards, which the country’s culture mind. It is not A USA Today poll found that a ma- usually would not support any kind of there. It is not discussed. It is almost jority of Americans do support stricter gun legislation, that say it’s time, that as if it didn’t happen. gun controls. it’s time to have a debate on how we Some people have said that it is not Here is one of the issues that we face reduce gun violence in this country. the gun but the person who commits all of the time: That the American peo- The New York Times reads: As law- the act of violence. While that may be ple support what we are trying to do, makers in Washington engage this the case, the shooter was taken down but we are not hearing their voices. week in moments of silence and trib- while reloading his weapon after those And I think that is something that the utes to Representative GIFFORDS and 32 bullets. If there had been fewer bul- American people can do to make a dif- the other casualties, they should real- lets in the magazine, he may have been ference. ize that they have the power—we have thwarted earlier, saving other lives. I also want to note that Arizona and the power—to reduce the number of So we are talking about this maga- the Long Island Railroad are not the these sorts of horrors and the pain and zine that we want to take out of any- only recent incidents in which high ca- suffering. one’s hands. We are talking about po- pacity magazines were used. In Man- The Daily News noted that the shoot- tential. We are talking about possibili- chester, Connecticut, at a beer dis- er in Arizona squeezed the trigger ties. We are talking about risk, and tributor, on August 3, 2010, a shooter again, again, again, and again—over 32 giving more of a chance to protect our- with a large magazine killed eight and times—and that’s just the half of it—as selves. And for a police officer, if a po- wounded two. blood flowed and as people screamed lice officer was there, could have been Fort Hood, we all remember that and dropped to the ground. in the crowd, should have been—all val- day: November 5, 2009. The shooter Where I live on Long Island, we have ued lives. And those are not the only killed 13 and wounded 34. gun violence. It’s a suburban area, but numbers that are chilling. unfortunately so many guns and large Nearly 100,000 people are killed by b 1950 magazine clips are coming into our guns every year. Over 260 people will be Northern Illinois University on Feb- communities, and they’re bringing killed today by a gun. This results in ruary 14, 2008: The shooter killed five with them death and pain. I know gun $100 billion annually in medical, secu- and wounded 21. control of any sort is a tough sell in rity, and criminal justice costs. There Virginia Tech, right here in our Congress these days, but commonsense is a reason that local enforcement and neighborhood, on April 16: The shooter restrictions should be enacted as such the U.S. Conference of Mayors supports killed 32 and wounded 17. large capacity clips play such an obvi- this legislation: Because the ban We can go on and on and on, all the ous role in turning angry outbreaks of worked when it was in effect for those way back to Columbine High School, violence into massacres.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.125 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1451 The Washington Post reads: Law- legislation; the nurse who treated Ron- But for our words to have meaning, Madam makers should also endorse the sen- ald Reagan after he was shot supports Speaker, we also must act. sible legislation introduced by myself this; the fiancee and family of Gabe I’m proud to join Representative CAROLYN to outlaw the sales of high-capacity Zimmerman, one of our own staffers MCCARTHY in introducing the Large Capacity ammunition clips that enabled Mr. who was killed in Arizona, support this Ammunition Feeding Device Act, to eliminate Loughner to shoot some 30 bullets in a bill. access to clips that enable the kind of shoot- matter of seconds. A drug abuse his- You mentioned our police officers, ing spree that took place in Arizona. No one tory or not, no one, in my opinion, BILL. If anybody would be interested, can say that the ability to shoot more than ten should be able to have the possession of we’ve had more police officers killed times—without pausing to reload—makes our a weapon that could so easily and since January of this year until now cities or our citizens any safer. The Assault senselessly be used to slaughter so than we’ve had in the last number of Weapons Ban of 1994 addressed this issue, many of our citizens, our neighbors, in years. We say that we are there for our but perversely, by allowing it to expire in 2004, such a short period of time. police officers. You were a mayor, and we lost critical ground. The Seattle Times, The Denver Post, I know you stood by your police offi- The importance of the ban was tangible in The Salt Lake Tribune, the Charlotte cers. I know that police officers around each of our communities. When I first came to Observer, the Louisville, Kentucky the country know when they’re facing Congress, East Palo Alto, a city in my district, Courier-Journal, and The Tennessean these large capacity clips and they’re bore the awful distinction of being the ‘‘Murder are all basically saying it’s time to outgunned, as they were when we Capital of the Country.’’ Today, the crime rate look at reducing the violence that is in passed the assault weapons bill. has subsided. The ability to take these mur- our cities, our communities, our towns. So, BILL, I know you are where I am, derous assault weapons off the street played One of the ways we can do that is by and I thank you for the support that a major role in that turnaround, and we should getting rid of the large capacity clips. you have given me, because we did not turn back the clock. The Arizona Daily Star noted that no come in together, but it’s people like Madam Speaker, we all honor our Constitu- one outside of law enforcement and the yourself who are willing to speak out. tion and the Second Amendment. I, however, military needs to fire 30-plus rounds Mr. PASCRELL. Will the gentlelady see no connection between the primitive mus- without interruption. Hunters do not. yield? kets our Founding Fathers contemplated and Neither do target shooters or those Mrs. MCCARTHY of New York. the sophisticated, deadly weapons that plague who carry guns for self-defense. Please. our streets today. The United States continues Let me remind people that a gun that Mr. PASCRELL. Madam Speaker, I to have the most per-capita gun deaths of any anyone uses that has a clip will still would like you to take back to your developed nation. This is not a symbol of our have 10 bullets and one in the chamber. side—and I’ll take back to my side— freedom. It’s a capacity to kill, and this must That’s 11 bullets that someone can use that I know this has been a great lever- not eclipse our capacity to care. I urge my col- for self-defense. There is no question age issue for the Republican Party. It leagues to join me in supporting this sensible that fewer people would have been has been a third rail for the Demo- gun legislation which we are grateful to Rep- killed and injured on January 8 if the cratic Party. We were told basically, in resentative MCCARTHY for authoring to better shooter had possessed a magazine with so many words, to stay away from it. protect our communities. Mr. VAN HOLLEN. Madam Speaker, I rise a capacity of just 10 rounds. Look, let’s lay our cards on the table. Gail Collins said Congress should I think that this is something we can to join the vast majority of Americans, on both have an actual debate about Represent- agree to come together on common sides of the gun debate, who want a safe and sensible gun policy for their families and for ative MCCARTHY’s bill to reduce gun vi- ground and be a little bit more reason- olence. able about our approach. the United States of America. In the aftermath of the recent tragedy in Even traditional, conservative, pro- I thank you, Congresswoman MCCAR- Tucson, one eminently reasonable place to gun advocate Nick Kristof talks about THY, for leading the way, as usual. You start—one place where gun rights advocates the contrast of guns with automobiles. know I will always be there in support and gun control advocates should be able to He turned it upside down to argue that, of what I think is very important legis- find common ground—is the Large Capacity in reality—and this is true—for a long lation for the sanity of our country. Ammunition Feeding Device Act (H.R. 308), time, motor vehicles were dangerous, Mrs. MCCARTHY of New York. And I introduced by my colleague Rep. CAROLYN but slowly, slowly we made them quite thank you again. MCCARTHY (D–NY). safe. The trade-off is that we have mod- I just want to remind the American H.R. 308 is not about gun control. Instead, estly curbed individual freedom, but we people who might be listening tonight, it’s about commonsense ammunition control. can save tens of thousands of lives I need your help. I can do the battles The Large Capacity Ammunition Feeding De- every year. That’s a model for how we here. It’s so easy to email your Member vice Act sets aside all of the historically con- should approach guns and a public of Congress or your Senator to say it’s tentious debate around gun ownership and in- health concern. time to get rid of the large magazines, stead asks every American a very simple I talked about individual leaders who because there is no place in America question: Is it really necessary for non-law en- support H.R. 308. It is a long list, and anymore that is safe. This can happen forcement civilians to have access to high ca- many people have stood up: Mayor anytime, any place. So I thank you for pacity, 33-round magazines like the one Jared Bloomberg from New York City, my listening to me tonight, and I thank Lee Loughner used to shoot our colleague great city; Philadelphia Mayor Michael my friend for standing here with me GABBY GIFFORDS and his other victims in Tuc- Nutter, another member of Mayors and talking about it. son? Against Illegal Guns, also expressed I will say, in closing, it’s 17 years I would submit that it is not. And I would fur- support; I had mentioned Vice Presi- since the incident happened to my fam- ther submit that the overwhelming majority of dent Dick Cheney, of all people, who ily. There is not a day that goes by Americans and law abiding gun owners would said it would be appropriate to rein- that I don’t remember what happened, agree that it is not. Consistent with that com- state a ban on high-capacity magazines and that’s why I continue to fight for monsense conclusion, the Large Capacity Am- like we had before. this issue. I don’t want another family munition Feeding Device Act would simply ban Other public officials and individuals to go through the pain. I don’t want to the sale or transfer of high-capacity maga- around the country also support this see another person die. I don’t want to zines holding more than ten rounds. Law en- bill: The New York Police Department see someone injured for the rest of forcement records show that the number of said that a legislative solution to their life, and to fight those battles. high capacity magazines retrieved by police at eliminating extended magazines would Ms. ESHOO. Madam Speaker, in the wake crime scenes dropped significantly the last be best; the President of the Alabama of the horrible tragedy in Arizona, Members of time this kind of restriction was in effect, and Sheriffs’ Association is a supporter; the Congress were united in condemning the vio- common sense tells you that smaller maga- Minneapolis police chief is a supporter; lence. We expressed our prayers and hopes zines with less bullets will lead to less fatalities the Palm Beach County commissioner; for the recovery of our colleague, Congress- and injuries during these kinds of horrific at- the Montana Secretary of State; Presi- woman GABRIELLE GIFFORDS, and the others tacks. dent Bob Brown, an NRA member and injured in the attack, and we praised the he- Madam Speaker, this is not a partisan hunter who owns 18 guns, supports my roic actions of ordinary Americans on that day. issue. This is an American issue. The Large

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\K01MR7.127 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE H1452 CONGRESSIONAL RECORD — HOUSE March 1, 2011 Capacity Ammunition Feeding Device Act is a Communities Eligible for the Sale of Flood Regulations; Unlimited Coverage for Non- commonsense step all of us can and should Insurance [Docket No.: FEMA-7784] received interest-Bearing Transaction Accounts; In- take to eliminate the senseless threat posed February 8, 2011, pursuant to 5 U.S.C. clusion of Interest on Lawyers Trust Ac- 801(a)(1)(A); to the Committee on Financial counts (RIN: 3064-AD37) received February 8, by these high capacity magazines while pro- Services. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the tecting the legitimate rights of law-abiding gun 602. A letter from the Chief Counsel, De- Committee on Financial Services. owners. partment of Homeland Security, transmit- 614. A letter from the Deputy to the Chair- I thank Congresswoman MCCARTHY for her ting the Department’s final rule — Suspen- man, Federal Deposit Insurance Corporation, leadership on this issue. sion of Community Eligibility [Docket No.: transmitting the Corporation’s final rule — Mrs. MCCARTHY of New York. FEMA-7915] received February 8, 2011, pursu- Designated Reserve Ratio (RIN: 3064-AD69) Madam Speaker, I yield back the bal- ant to 5 U.S.C. 801(a)(1)(A); to the Committee received January 19, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- ance of my time. on Financial Services. 603. A letter from the Chief Counsel, De- nancial Services. f partment of Homeland Security, transmit- 615. A letter from the Deputy Director, ting the Department’s final rule — Changes Regulations Policy and Management Staff, LEAVE OF ABSENCE in Flood Elevation Determinations [Docket Department of Health and Human Services, By unanimous consent, leave of ab- No.: FEMA-D-7581] received February 8, 2011, transmitting the Department’s final rule — sence was granted to: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Uniform Compliance Date for Food Labeling Regulations [Docket No.: FDA-2000-N-0011] Mr. MARCHANT (at the request of Mr. mittee on Financial Services. 604. A letter from the Chief Counsel, De- received January 19, 2011, pursuant to 5 CANTOR) for today on account of per- partment of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on En- sonal reasons. ting the Department’s final rule — Changes ergy and Commerce. f in Flood Elevation Determinations [Docket 616. A letter from the Director, Regulatory No.: FEMA-P-7650] received February 8, 2011, Management Division, Environmental Pro- SENATE BILL REFERRED pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tection Agency, transmitting the Agency’s final rule — Approval and Promulgation of A concurrent resolution of the Sen- mittee on Financial Services. 605. A letter from the Chief Counsel, De- One-year Extension for Attaining the 1997 8- ate of the following title was taken Hour Ozone Standard for the New Jersey from the Speaker’s table and, under partment of Homeland Security, transmit- ting the Department’s final rule — Changes Portion of the Philadelphia-Wilmington-At- the rule, referred as follows: in Flood Elevation Determinations received lantic City Moderate Nonattainment Area S. Con. Res. 8. Concurrent resolution rec- February 8, 2011, pursuant to 5 U.S.C. [EPA-R02-OAR-2010-0688; FRL-9255-5] re- ognizing women serving in the United States 801(a)(1)(A); to the Committee on Financial ceived January 28, 2011, pursuant to 5 U.S.C. Armed Forces; to the Committee on Armed Services. 801(a)(1)(A); to the Committee on Energy and Services. 606. A letter from the Chief Counsel, De- Commerce. 617. A letter from the Director, Regulatory partment of Homeland Security, transmit- f Management Division, Environmental Pro- ting the Department’s final rule — Suspen- tection Agency, transmitting the Agency’s ADJOURNMENT sion of Community Eligiblity [Docket No.: final rule — Approval of One-year Extension FEMA-7933] received February 8, 2011, pursu- Mrs. MCCARTHY of New York. for Attaining the 1997 8-Hour Ozone Standard ant to 5 U.S.C. 801(a)(1)(A); to the Committee for the Delaware, Maryland, and Pennsyl- Madam Speaker, I move that the House on Financial Services. vania Portions of the Philadelphia-Wil- do now adjourn. 607. A letter from the Chief Counsel, De- mington-Atlantic City Moderate Nonattain- The motion was agreed to; accord- partment of Homeland Security, transmit- ment Area [EPA-R03-OAR-2010-0574; FRL- ting the Department’s final rule — Suspen- ingly (at 8 p.m.), under its previous 9251-7] received January 28, 2011, pursuant to sion of Community Eligibility [Docket No.: order, the House adjourned until to- 5 U.S.C. 801(a)(1)(A); to the Committee on FEMA-7923] received February 8, 2011, pursu- morrow, Wednesday, March 2, 2011, at Energy and Commerce. 10 a.m. for morning-hour debate. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 618. A letter from the Director, Regulatory on Financial Services. Management Division, Environmental Pro- f 608. A letter from the Chief Counsel, De- tection Agency, transmitting the Agency’s partment of Homeland Security, transmit- final rule — Notice of Re-Issuance of the Pre- EXECUTIVE COMMUNICATIONS, ting the Department’s final rule — Suspen- ETC. vention of Significant Deterioration Applica- sion of Community Eligibility [Docket No.: bility Determination for the Carlsbad En- Under clause 2 of rule XIV, executive FEMA-7921] received February 8, 2011, pursu- ergy Center Project, Carlsbad, CA [EPA-R09- communications were taken from the ant to 5 U.S.C. 801(a)(1)(A); to the Committee OAR-2011-0024; FRL-9256-9] received January Speaker’s table and referred as follows: on Financial Services. 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to 609. A letter from the Chief Counsel, De- 597. A letter from the Regulatory Officer, the Committee on Energy and Commerce. partment of Homeland Security, transmit- 619. A letter from the Director, Regulatory Department of Agriculture, transmitting the ting the Department’s final rule — Changes Management Division, Environmental Pro- Department’s final rule — Adjustment of Ap- in Flood Elevation Determinations [Docket tection Agency, transmitting the Agency’s pendices to the Dairy Tariff-Rate Import ID: FEMA-2010-0003] received January 19, final rule — Approval and Promulgation of Quota Licensing Regulation for the 2010 Tar- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Air Quality Implementation Plans; Wis- iff-Rate Quota Year received January 19, Committee on Financial Services. consin; Particulate Matter Standard [EPA- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 610. A letter from the Chief Counsel, De- R05-OAR-2009-0731; FRL-9250-6] received Jan- Committee on Agriculture. partment of Homeland Security, transmit- uary 28, 2011, pursuant to 5 U.S.C. 598. A letter from the Director, Regulatory ting the Department’s final rule — Final 801(a)(1)(A); to the Committee on Energy and Management Division, Environmental Pro- Flood Elevation Determinations [Docket ID: Commerce. tection Agency, transmitting the Agency’s FEMA-2011-0002] received January 31, 2011, 620. A letter from the Director, Regulatory final rule — Mefenoxam; Pesticide Toler- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Management Division, Environmental Pro- ances [EPA-HQ-OPP-2009-0713; FRL-8855-1] mittee on Financial Services. tection Agency, transmitting the Agency’s received January 28, 2011, pursuant to 5 611. A letter from the Chief Counsel, De- final rule — Approval and Promulgation of U.S.C. 801(a)(1)(A); to the Committee on Ag- partment of Homeland Security, transmit- Air Quality Implementation Plans; Colorado; riculture. ting the Department’s final rule — Final Revisons to Regulation 1 [EPA-R08-OAR- 599. A letter from the Chief Counsel, De- Flood Elevation Determinations [Docket ID: 2007-1033; A-1-FRL-9209-3] received January partment of Homeland Security, transmit- FEMA-2011-0002] received January 24, 2011, 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Suspen- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Energy and Commerce. sion of Community Eligibility [Docket No.: mittee on Financial Services. 621. A letter from the Director, Regulatory FEMA-7913] received February 8, 2011, pursu- 612. A letter from the Deputy to the Chair- Management Division, Environmental Pro- ant to 5 U.S.C. 801(a)(1)(A); to the Committee man for External Affairs, Federal Deposit In- tection Agency, transmitting the Agency’s on Financial Services. surance Corporation, transmitting the Cor- final rule — Approval and Promulgation of 600. A letter from the Chief Counsel, De- poration’s final rule — Orderly Liquidation Air Quality Implementation Plans; Virginia; partment of Homeland Security, transmit- Authority Provisions of the Dodd-Frank Adoption of the Revised Lead Standards and ting the Department’s final rule — Suspen- Wall Street Reform and Consumer Protec- Related Reference Conditions, and Update of sion of Community Eligibility [Docket No.: tion Act received February 8, 2011, pursuant Appendices [EPA-R03-OAR-2010-0882; FRL- FEMA-7917] received February 8, 2011, pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on 9255-9] received January 28, 2011, pursuant to ant to 5 U.S.C. 801(a)(1)(A); to the Committee Financial Services. 5 U.S.C. 801(a)(1)(A); to the Committee on on Financial Services. 613. A letter from the Deputy to the Chair- Energy and Commerce. 601. A letter from the Chief Counsel, De- man for External Affairs, Federal Deposit In- 622. A letter from the Director, Regulatory partment of Homeland Security, transmit- surance Corporation, transmitting the Cor- Management Division, Environmental Pro- ting the Department’s final rule — List of poration’s final rule — Deposit Insurance tection Agency, transmitting the Agency’s

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.018 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1453 final rule — Approval and Promulgation of ities; Adoption of New Accessibility Stand- February 4, 2011, pursuant to 5 U.S.C. Air Quality Implementation Plans; Mary- ards [Docket No.: OST-2006-26035] (RIN: 2105- 801(a)(1)(A); to the Committee on Transpor- land; Adoption of Control Techniques Guide- AC86) received February 4, 2011, pursuant to tation and Infrastructure. lines for Flat Wood Paneling Coatings [EPA- 5 U.S.C. 801(a)(1)(A); to the Committee on 642. A letter from the Assistant Adminis- R03-OAR-2010-2010-0788; FRL-9256-2] received Transportation and Infrastructure. trator for Procurement, National Aero- January 28, 2011, pursuant to 5 U.S.C. 633. A letter from the Senior Regulations nautics and Space Administration, transmit- 801(a)(1)(A); to the Committee on Energy and Analyst, Department of Transportation, ting the Administration’s final rule — Infor- Commerce. transmitting the Department’s final rule — mation Technology (IT) Security (RIN: 2700- 623. A letter from the Deputy Assistant Disadvantaged Business Enterprise: Program AD46) received January 19, 2011, pursuant to Secretary for Export Administration, De- Improvements [Docket No.: OST-2010-0118] 5 U.S.C. 801(a)(1)(A); to the Committee on partment of Commerce, transmitting the De- (RIN: 2105-AD75) received February 4, 2011, Science, Space, and Technology. partment’s final rule — Simplified Network pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 643. A letter from the Assistant Adminis- Application Processing System, On-line Reg- mittee on Transportation and Infrastruc- trator for Procurement, National Aero- istration and Account Maintenance [Docket ture. nautics and Space Administration, transmit- No.: 100826397-1059-02] (RIN: 0694-AE98) re- 634. A letter from the Assistant Chief ting the Department’s final rule — Govern- ceived February 8, 2011, pursuant to 5 U.S.C. Counsel for General Law, Department of ment Property (RIN: 2700-AD37) received 801(a)(1)(A); to the Committee on Foreign Af- Transportation, transmitting the Depart- January 19, 2011, pursuant to 5 U.S.C. fairs. ment’s final rule — Pipeline Safety: Update 801(a)(1)(A); to the Committee on Science, 624. A letter from the Assistant Director of Regulatory References to Technical Space, and Technology. for Policy, Department of the Treasury, Standards [Docket No.: PHMSA-05-21253; 644. A letter from the Director, Regula- transmitting the Department’s final rule — Amdt. Nos. 192-103, 193-19, and 195-86] (RIN: tions Policy and Management, Office of the Iranian Human Rights Abuses Sanctions 2137-AD68) received February 4, 2011, pursu- General Counsel, Department of Veterans Af- Regulations received February 8, 2011, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee fairs, transmitting the Department’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. rule — Disclosure of Medical Information to on Foreign Affairs. 635. A letter from the Assistant Chief the Surrogate of a Patient Who Lacks Deci- 625. A letter from the Secretary of the Counsel for General Law, Department of sion-Making Capacity (RIN: 2900-AN88) re- Commission, Federal Trade Commission, Transportation, transmitting the Depart- ceived February 8, 2011, pursuant to 5 U.S.C. transmitting the Commission’s final rule — ment’s final rule — Pipeline Safety: Integ- 801(a)(1)(A); to the Committee on Veterans’ Revised Jurisdictional Thresholds for Sec- rity Management Program Modifications Affairs. tion 8 of the Clayton Act received February and Clarifications [Docket No.: PHMSA-04- 645. A letter from the Federal Register Li- 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to 18938; Amdt. Nos. 192-104, 195-87] (RIN: 2137- aison Officer, Department of the Treasury, the Committee on the Judiciary. AE07) received February 4, 2011, pursuant to transmitting the Department’s final rule — 626. A letter from the Secretary of the 5 U.S.C. 801(a)(1)(A); to the Committee on Time for Payment of Certain Excise Taxes, Commission, Federal Trade Commission, Transportation and Infrastructure. and Quarterly Excise Tax Payments for transmitting the Commission’s final rule — 636. A letter from the Senior Regulations Small Alcohol Excise Taxpayers [Docket Revised Jurisdictional Thresholds for Sec- Analyst, Department of Transportation, No.: TTB-2011-0001; T.D. TTB-89; Re: Notice tion 7a of The Clayton Act received January transmitting the Department’s final rule — No. 115; T.D. ATF-365; T.D. TTB-41; ATF No- 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Participation by Disadvantaged Business En- tice No. 813 and TTB Notice No. 56] (RIN: the Committee on the Judiciary. terprises in Department of Transportation 1513-AB43) received February 7, 2011, pursu- 627. A letter from the Senior Regulations Financial Assistance Programs [Docket No.: ant to 5 U.S.C. 801(a)(1)(A); to the Committee Analyst, Department of Transportation, OST-2010-0021] (RIN: 2105-AD76) received Feb- on Ways and Means. transmitting the Department’s final rule — ruary 4, 2011, pursuant to 5 U.S.C. 646. A letter from the Federal Register Li- Charter Rules for Foreign Direct Air Car- 801(a)(1)(A); to the Committee on Transpor- aison Officer, Department of the Treasury, riers [Docket No.: OST-2002-11741] (RIN: 2105- tation and Infrastructure. transmitting the Department’s final rule — AD38) received February 4, 2011, pursuant to 637. A letter from the Senior Regulations Revision of American Viticultural Area Reg- 5 U.S.C. 801(a)(1)(A); to the Committee on Analyst, Department of Transportation, ulations [Docket No.: TTB-2007-0068; T.D. Transportation and Infrastructure. transmitting the Department’s final rule — TTB-90; Re: Notice Nos. 78 and 80] (RIN: 1513- 628. A letter from the Senior Regulations Procedures for Transportation Workplace AB39) received February 7, 2011, pursuant to Analyst, Department of Transportation, Drug and Alcohol Testing Programs [Docket: 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule — OST-2008-0184] (RIN: 2105-AD67) received Feb- Ways and Means. Canadian Charter Air Taxi Operators [OST ruary 4, 2011, pursuant to 5 U.S.C. 647. A letter from the Federal Register Li- Docket No.: 2006-25691] (RIN: 2105-AD58) re- 801(a)(1)(A); to the Committee on Transpor- aison Officer, Department of the Treasury, ceived February 4, 2011, pursuant to 5 U.S.C. tation and Infrastructure. transmitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- 638. A letter from the Senior Regulations Technical Corrections to the TTB Regula- tation and Infrastructure. Analyst, Department of Transportation, tions [Docket No.: TTB-2011-0003; T.D. TTB- 629. A letter from the Senior Regulations transmitting the Department’s final rule — 91] (RIN: 1513-AB69) received February 7, Analyst, Department of Transportation, Procedures for Transportation Workplace 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule — Drug and Alcohol Testing Programs: State Committee on Ways and Means. Debarment and Suspension (Nonprocure- Laws Requiring Drug and Alcohol Rule Vio- 648. A letter from the Chief, Publications ment) Requirements [Docket No.: OST-2005- lation Information [Docket: OST-2008-0184] and Regulations Branch, Internal Revenue 22602] (RIN: 2105-AD46) received February 4, (RIN: OST 2105-AD67) received February 4, Service, transmitting the Service’s final rule 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the — Correction to Revenue Procedure 2011-8 Committee on Transportation and Infra- Committee on Transportation and Infra- User Fee Schedule (Announcement 2011-8) re- structure. structure. ceived February 7, 2011, pursuant to 5 U.S.C. 630. A letter from the Senior Regulations 639. A letter from the Senior Regulations 801(a)(1)(A); to the Committee on Ways and Analyst, Department of Transportation, Analyst, Department of Transportation, Means. transmitting the Department’s final rule — transmitting the Department’s final rule — 649. A letter from the Chief, Publications Review of Data Filed by Certificated or Com- Clean Fuels Grant Program [Docket No.: and Regulations Branch, Internal Revenue muter Air Carriers to Support Continuing FTA-2006-24708] (RIN: 2132-AA91) received Service, transmitting the Service’s final rule Fitness Determinations Involving Citizen- February 4, 2011, pursuant to 5 U.S.C. — Repub. Rev. Proc. 2010-8 (Rev. Proc. 2010- ship Issues [Docket No.: OST-2003-15759] 801(a)(1)(A); to the Committee on Transpor- 8) received February 7, 2011, pursuant to 5 (RIN: 2105-AD25) received February 4, 2011, tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 640. A letter from the Senior Regulations Ways and Means. mittee on Transportation and Infrastruc- Analyst, Department of Transportation, 650. A letter from the Chief, Publications ture. transmitting the Department’s final rule — and Regulations Branch, Internal Revenue 631. A letter from the Senior Regulations Procedures for Transportation Workplace Service, transmitting the Service’s final rule Analyst, Department of Transportation, Drug and Alcohol Testing Programs: Proce- — Determination of Housing Cost Amounts transmitting the Department’s final rule — dures for Non-Evidential Alcohol Screening Eligible for Exclusion or Deduction for 2011 Display of Joint Operations in Carrier-Owned Devices [Docket: OST-2007-26828] (RIN: 2105- [Notice 2011-8] received February 7, 2011, pur- Computer Reservations Systems Regulations AD64) received February 4, 2011, pursuant to suant to 5 U.S.C. 801(a)(1)(A); to the Com- (Part 256) [Docket No.: OST-2005-20826] (RIN: 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. 2105-AD44) received February 4, 2011, pursu- Transportation and Infrastructure. 651. A letter from the Chief, Publications ant to 5 U.S.C. 801(a)(1)(A); to the Committee 641. A letter from the Senior Regulations and Regulations Branch, Internal Revenue on Transportation and Infrastructure. Analyst, Department of Transportation, Service, transmitting the Service’s final rule 632. A letter from the Senior Regulations transmitting the Department’s final rule — — Time and Manner for Electing Capital Analyst, Department of Transportation, Procedures for Transportation Workplace Asset Treatment for Certain Self-Created transmitting the Department’s final rule — Drug and Alcohol Testing Programs [Docket: Musical Works [TD 9514] (RIN: 1545-BG34) re- Transportation for Individuals With Disabil- OST-2007-26828] (RIN: 2105-AD64) received ceived February 7, 2011, pursuant to 5 U.S.C.

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801(a)(1)(A); to the Committee on Ways and ROSKAM, Mr. HUELSKAMP, Mr. TIBERI, ESHOO, Ms. MATSUI, Mr. FRANK of Means. Mrs. CAPITO, and Mr. PLATTS): Massachusetts, Ms. NORTON, Mr. 652. A letter from the Chief, Publications H.R. 847. A bill to amend the Communica- DREIER, Ms. MOORE, Mr. FATTAH, Mr. and Regulations Branch, Internal Revenue tions Act of 1934 to require a provider of a OLVER, Ms. ZOE LOFGREN of Cali- Service, transmitting the Service’s final rule commercial mobile service or an IP-enabled fornia, and Mrs. DAVIS of California): — Biodiesel and Alternative Fuels; Claims voice service to provide call location infor- H.R. 854. A bill to authorize the Peace for 2010; Excise Tax [Notice 2011-10] received mation concerning the user of such a service Corps Commemorative Foundation to estab- January 28, 2011, pursuant to 5 U.S.C. to law enforcement agencies in order to re- lish a commemorative work in the District 801(a)(1)(A); to the Committee on Ways and spond to a call for emergency services or in of Columbia and its environs, and for other Means. an emergency situation that involves risk of purposes; to the Committee on Natural Re- 653. A letter from the Chief, Publications death or serious physical harm; to the Com- sources, and in addition to the Committee on and Regulations Branch, Internal Revenue mittee on Energy and Commerce, and in ad- the Budget, for a period to be subsequently Service, transmitting the Service’s final rule dition to the Committee on the Judiciary, determined by the Speaker, in each case for — Repub. Rev. Proc. 2010-6 (Rev. Proc. 2011- for a period to be subsequently determined consideration of such provisions as fall with- 6) received February 7, 2011, pursuant to 5 by the Speaker, in each case for consider- in the jurisdiction of the committee con- U.S.C. 801(a)(1)(A); to the Committee on ation of such provisions as fall within the ju- cerned. Ways and Means. risdiction of the committee concerned. By Mr. GRIJALVA: 654. A letter from the Chief, Publications By Mr. ALEXANDER: H.R. 855. A bill to withdraw the Tusayan and Regulations Branch, Internal Revenue H.R. 848. A bill to require the Forest Serv- Ranger District and Federal land managed Service, transmitting the Service’s final rule ice to accommodate, to the extent consistent by the Bureau of Land Management in the — Repub. Rev. Proc. 2010-5 (Rev. Proc. 2011- with the management objectives and limita- vicinity of Kanab Creek and in House Rock 5) received February 7, 2011, pursuant to 5 tions applicable to the National Forest Sys- Valley from location, entry, and patent U.S.C. 801(a)(1)(A); to the Committee on tem lands at issue, individuals with mobility under the mining laws, and for other pur- Ways and Means. disabilities who need to use a power-driven poses; to the Committee on Natural Re- 655. A letter from the Chief, Publications mobility device for reasonable access to such sources. and Regulations Branch, Internal Revenue lands; to the Committee on Agriculture, and By Mr. HELLER (for himself and Mr. Service, transmitting the Service’s final rule in addition to the Committee on Natural Re- HECK): — Repub. Rev. Proc. 2010-4 (Rev. Proc. 2011- sources, for a period to be subsequently de- H.R. 856. A bill to withdraw certain land lo- 4) received February 7, 2011, pursuant to 5 termined by the Speaker, in each case for cated in Clark County, Nevada, from loca- U.S.C. 801(a)(1)(A); to the Committee on consideration of such provisions as fall with- tion, entry, and patent under the mining Ways and Means. in the jurisdiction of the committee con- laws and disposition under all laws per- 656. A letter from the Chief, Border Secu- cerned. taining to mineral and geothermal leasing or rity Regulations Branch, Department of By Mrs. BACHMANN (for herself, Mr. mineral materials, and for other purposes; to Homeland Security, transmitting the De- LAMBORN, Mr. PAUL, Mr. POE of the Committee on Natural Resources. partment’s final rule — Land Border Carrier Texas, and Mr. BROUN of Georgia): By Ms. HIRONO: Initiative Program [Docket No.: USCBP-2006- H.R. 849. A bill to provide for the repeal of H.R. 857. A bill to amend title XIX of the 0132] (RIN: 1651-AA68) received February 28, the phase out of incandescent light bulbs un- Social Security Act to provide 100 percent 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the less the Comptroller General makes certain FMAP under Medicaid for medical assistance Committee on Homeland Security. specific findings; to the Committee on En- provided to Native Hawaiians by a Native f ergy and Commerce. Hawaiian health care system or a federally- By Mrs. BACHMANN (for herself, Mr. qualified health center; to the Committee on REPORTS OF COMMITTEES ON DUFFY, and Mr. KIND): Energy and Commerce. PUBLIC BILLS AND RESOLUTIONS H.R. 850. A bill to facilitate a proposed By Ms. HIRONO: Under clause 2 of rule XIII, reports of project in the Lower St. Croix Wild and Sce- H.R. 858. A bill to provide for the conver- nic River, and for other purposes; to the committees were delivered to the Clerk sion of a temporary judgeship for the district Committee on Natural Resources. of Hawaii to a permanent judgeship; to the for printing and reference to the proper By Mr. BRALEY of Iowa: Committee on the Judiciary. calendar, as follows: H.R. 851. A bill to amend the Internal Rev- By Ms. HIRONO: Mr. SESSIONS: Committee on Rules. enue Code of 1986 to extend certain renew- H.R. 859. A bill to amend part B of title House Resolution 128. A resolution providing able fuel tax incentives and to repeal fossil XVIII of the Social Security Act to provide for consideration of the bill (H.R. 662) to pro- fuel subsidies for large oil companies; to the coverage for the shingles vaccine under the vide an extension of Federal-aid highway, Committee on Ways and Means. Medicare program; to the Committee on En- highway safety, motor carrier safety, tran- By Mr. BURGESS (for himself and Mr. ergy and Commerce, and in addition to the sit, and other programs funded out of the CULBERSON): Committee on Ways and Means, for a period Highway Trust Fund pending enactment of a H.R. 852. A bill to authorize the issuance of to be subsequently determined by the Speak- multiyear law reauthorizing such programs United States War Bonds to aid in funding of er, in each case for consideration of such pro- (Rept. 112–20). Referred to the House Cal- the operations in Iraq and Afghanistan; to visions as fall within the jurisdiction of the endar. the Committee on Ways and Means. committee concerned. Mr. SCOTT of South Carolina: Committee By Mr. CARSON of Indiana: By Mr. LARSON of Connecticut (for on Rules. House Resolution 129. A resolution H.R. 853. A bill to amend the Elementary himself, Mr. REICHERT, and Ms. BERK- providing for consideration of the bill (H.R. and Secondary Education Act of 1965 to LEY): 4) to repeal the expansion of information re- award grants to eligible entities to establish, H.R. 860. A bill to amend the Internal Rev- porting requirements for payments of $600 or expand, or support school-based mentoring enue Code of 1986 to promote charitable do- more to corporations, and for other purposes programs to assist at-risk middle school stu- nations of qualified vehicles; to the Com- (Rept. 112–21). Referred to the House Cal- dents with the transition from middle school mittee on Ways and Means. endar. to high school; to the Committee on Edu- By Mr. GARY G. MILLER of California cation and the Workforce. f (for himself, Mr. BACHUS, Mrs. By Mr. FARR (for himself, Ms. BALD- BIGGERT, and Mr. GARRETT): PUBLIC BILLS AND RESOLUTIONS WIN, Mr. BLUMENAUER, Ms. BORDALLO, H.R. 861. A bill to rescind the third round Under clause 2 of rule XII, public Mrs. CAPPS, Mr. CAPUANO, Mr. of funding for the Neighborhood Stabiliza- CONNOLLY of Virginia, Mr. CONYERS, bills and resolutions of the following tion Program and to terminate the program; Mr. COSTA, Mr. COURTNEY, Mr. to the Committee on Financial Services. titles were introduced and severally re- DEFAZIO, Ms. EDWARDS, Mr. By Mr. MURPHY of Connecticut (for ferred, as follows: GARAMENDI, Mr. GRIJALVA, Mr. himself and Mr. WEINER): By Mr. REHBERG: HASTINGS of Florida, Mr. HIMES, Ms. H.R. 862. A bill to apply to the justices of H.R. 845. A bill to prohibit the further ex- HIRONO, Mr. HOLT, Mr. HONDA, Mr. the Supreme Court the Code of Conduct for tension or establishment of national monu- JACKSON of Illinois, Ms. LEE of Cali- United States Judges, to establish certain ments in Montana, except by express author- fornia, Mr. LEWIS of Georgia, Mr. procedures with respect to the recusal of jus- ization of Congress, and for other purposes; LOEBSACK, Mrs. MALONEY, Mr. MAR- tices, and for other purposes; to the Com- to the Committee on Natural Resources. KEY, Ms. MCCOLLUM, Mr. mittee on the Judiciary. By Mr. LABRADOR: MCDERMOTT, Mr. MCGOVERN, Mr. By Mr. PIERLUISI (for himself and Mr. H.R. 846. A bill to prohibit the further ex- MORAN, Mr. MURPHY of Connecticut, DIAZ-BALART): tension or establishment of national monu- Mr. PAYNE, Mr. PETRI, Ms. PINGREE H.R. 863. A bill to amend title II of the Ele- ments in Idaho, except by express authoriza- of Maine, Mr. PLATTS, Mr. PRICE of mentary and Secondary Education Act of tion of Congress, and for other purposes; to North Carolina, Ms. RICHARDSON, Mr. 1965 to authorize State educational agencies the Committee on Natural Resources. SABLAN, Ms. SCHAKOWSKY, Mr. STARK, and local educational agencies to carry out By Ms. JENKINS (for herself, Mr. Mr. TIERNEY, Mr. TOWNS, Ms. WOOL- teacher exchanges; to the Committee on POMPEO, Mr. YODER, Mr. SCHIFF, Mr. SEY, Ms. CLARKE of New York, Ms. Education and the Workforce.

VerDate Mar 15 2010 03:40 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L01MR7.000 H01MRPT1 jbell on DSKDVH8Z91PROD with HOUSE March 1, 2011 CONGRESSIONAL RECORD — HOUSE H1455 By Mr. VAN HOLLEN: United States; and nothing in this Constitu- Clause 7 of Section 9 of Article I of the H.R. 864. A bill to require full funding of tion shall be so construed as to Prejudice Constitution, Clause 1 of Section 8 of Article part A of title I of the Elementary and Sec- any Claims of the United States, or of any I of the Constitution, and Clause 18 of Sec- ondary Education Act of 1965 and the Indi- particular State.’’ tion 8 of Article I of the Constitution. viduals with Disabilities Education Act; to The specific Constitutional Authority By Mr. FARR: the Committee on Education and the Work- cited here is not intended and should not be H.R. 854. force. construed to be exclusive of any other gen- Congress has the power to enact this legis- By Mr. WALZ of Minnesota (for himself eral or specific Constitutional Authority lation pursuant to the following: and Mr. ROE of Tennessee): that is otherwise applicable. Article I, Section 8; Article IV, Section 3. H.R. 865. A bill to amend the Internal Rev- By Mr. LABRADOR: By Mr. GRIJALVA: enue Code of 1986 to extend the work oppor- H.R. 846. H.R. 855. tunity credit to certain recently discharged Congress has the power to enact this legis- Congress has the power to enact this legis- veterans; to the Committee on Ways and lation pursuant to the following: lation pursuant to the following: Means, and in addition to the Committee on Clause 2 of Section 3 of Article IV of the Article IV, Section 3, Clause 2, relating to Armed Services, for a period to be subse- Constitution: ‘‘The Congress shall have the power of Congress to dispose of and make quently determined by the Speaker, in each Power to dispose of and make all needful all needful rules and regulations respecting case for consideration of such provisions as Rules and Regulations respecting the Terri- the territory or other property belonging to fall within the jurisdiction of the committee tory or other Property belonging to the the United States. concerned. United States; and nothing in this Constitu- By Mr. HELLER: H.R. 856. By Mr. WHITFIELD (for himself and tion shall be so construed as to Prejudice Congress has the power to enact this legis- Mr. PALLONE): any Claims of the United States, or of any particular State.’’ lation pursuant to the following: H.R. 866. A bill to amend and reauthorize Article IV. Section 3: The Congress shall the controlled substance monitoring pro- The specific Constitutional Authority cited here is not intended and should not be have power to dispose of and make all need- gram under section 399O of the Public Health ful rules and regulations respecting the ter- Service Act; to the Committee on Energy construed to be exclusive of any other gen- eral or specific Constitutional Authority ritory or other property belonging to the and Commerce. United States; and nothing in this Constitu- By Mr. BACA: that is otherwise applicable. By Ms. JENKINS: tion shall be so construed as to prejudice any H. Res. 130. A resolution expressing support claims of the United States, or of any par- for designation of the fourth Friday of March H.R. 847. Congress has the power to enact this legis- ticular state. as ‘‘Cesar E. Chavez Day’’; to the Committee By Ms. HIRONO: on Education and the Workforce. lation pursuant to the following: Article I, Section 8, Clause 3: The Congress H.R. 857. By Mr. BONNER: shall have Power . . . To regulate Commerce Congress has the power to enact this legis- H. Res. 131. A resolution providing with foreign Nations, and among the several lation pursuant to the following: amounts for the expenses of the Committee States, and with the Indian Tribes. Article I, Section 8, Clause 1: ‘‘The Con- on Ethics in the One Hundred Twelfth Con- By Mr. ALEXANDER: gress shall have Power to lay and collect gress; to the Committee on House Adminis- H.R. 848. Taxes, Duties, Imposts and Excises, to pay tration. Congress has the power to enact this legis- the Debts and provide for the common By Mrs. CHRISTENSEN: lation pursuant to the following: Defence and general Welfare of the United H. Res. 132. A resolution expressing the The constitutional authority of Congress States; but all Duties, Imposts and Excises need to raise awareness and promote capac- to enact this legislation is provided by Arti- shall be uniform throughout the United ity building to strategically address the cle I, Section 8 of the United States Con- States.’’ lionfish invasion in the Atlantic Ocean; to stitution, specifically Clause 1 (relating to Article I, Section 8, Clause 18: ‘‘The Con- the Committee on Natural Resources. the power of Congress to provide for the gen- gress shall have Power To make all Laws By Mrs. DAVIS of California (for her- eral welfare of the United States) and Clause which shall be necessary and proper for car- self and Mrs. BIGGERT): 18 (relating to the power to make all laws rying into Execution the foregoing Powers, H. Res. 133. A resolution encouraging necessary and proper for carrying out the and all other Powers vested by the Constitu- Americans to recognize March 2, 2011 as powers vested in Congress), and Article IV, tion in the Government of the United States, ‘‘Read Across America Day’’; to the Com- Section 3, Clause 2 (relating to the power of or in any Department or Officer thereof.’’ mittee on Education and the Workforce. Congress to dispose of and make all needful By Ms. HIRONO: By Mr. DOLD (for himself, Mr. LIPIN- rules and regulations respecting the terri- H.R. 858. SKI, and Mr. SHERMAN): tory or other property belonging to the Congress has the power to enact this legis- H. Res. 134. A resolution condemning the United States).’’ lation pursuant to the following: Government of Iran for its state-sponsored By Mrs. BACHMANN: Article I, Section 8, Clause 9: Article I: persecution of its Baha’i minority and its H.R. 849. ‘‘The Congress shall have Power to con- continued violation of the International Cov- Congress has the power to enact this legis- stitute Tribunals inferior to the supreme enants on Human Rights; to the Committee lation pursuant to the following: Court.’’ on Foreign Affairs. This bill makes specific changes to exist- Article III, Section 1: ‘‘The judicial Power By Mr. PETERS (for himself and Mr. ing law in a manner that returns power to of the United States, shall be vested in one HIMES): the States and to the people, in accordance supreme Court, and in such inferior Courts H. Res. 135. A resolution requiring the with Amendment X of the United States as the Congress may from time to time or- posting of information on the disbursements Constitution. dain and establish. The Judges, both of the made during each session of Congress from By Mrs. BACHMANN: supreme and inferior Courts, shall hold their the Members’ Representational Allowance on H.R. 850. Offices during good Behaviour, and shall, at official public Internet sites of the House of Congress has the power to enact this legis- stated Times, receive for their Services, a Representatives, and for other purposes; to lation pursuant to the following: Compensation, which shall not be diminished the Committee on House Administration. Article I, Section 8, Clause 3 of the United during their Continuance in Office.’’ f States Constitution. By Ms. HIRONO: By Mr. BRALEY of Iowa: H.R.859. CONSTITUTIONAL AUTHORITY H.R. 851. Congress has the power to enact this legis- STATEMENT Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 1: ‘‘The Con- Pursuant to clause 7 of rule XII of This bill is enacted pursuant to the power gress shall have Power to lay and collect the Rules of the House of Representa- granted to Congress under Article I, Section Taxes, Duties, Imposts and Excises, to pay tives, the following statements are sub- 8, Clause 18 of the United States Constitu- the Debts and provide for the common mitted regarding the specific powers tion. Defence and general Welfare of the United granted to Congress in the Constitu- By Mr. BURGESS: States; but all Duties, Imposts and Excises tion to enact the accompanying bill or H.R. 852. shall be uniform throughout the United Congress has the power to enact this legis- States.’’ joint resolution. lation pursuant to the following: Article I, Section 8, Clause 3: ‘‘The Con- By Mr. REHBERG: The attached legislation, the United States gress shall have Power to regulate Com- H.R. 845. War Bonds Act of 2011, falls within Congress’ merce with foreign Nations, and among the Congress has the power to enact this legis- enumerated power to raise revenue for the several States, and with the Indian Tribes.’’ lation pursuant to the following: common defense of the nation pursuant to By Mr. LARSON of Connecticut: Clause 2 of Section 3 of Article IV of the Article I, Section 8, Clause 1. H.R. 860. Constitution: ‘‘The Congress shall have By Mr. CARSON of Indiana: Congress has the power to enact this legis- Power to dispose of and make all needful H.R. 853. lation pursuant to the following: Rules and Regulations respecting the Terri- Congress has the power to enact this legis- Article I, Section 8—Powers of Congress: tory or other Property belonging to the lation pursuant to the following: The Congress shall have Power To lay and

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collect Taxes, Duties, Imposts and Excises, H.R. 23: Ms. ESHOO, Mr. MICA, and Mr. H.R. 674: Mr. HELLER, Mr. YOUNG of Alaska, to pay the Debts and provide for the common HONDA. Mr. GERLACH, Mr. JONES, Mr. GRAVES of Mis- Defence and general Welfare of the United H.R. 24: Mr. MCINTYRE, Mr. MORAN, Mr. souri, Mr. CANSECO, Mr. FORTENBERRY, Mr. States. MCCAUL, Ms. LEE of California, Mr. VAN MCCOTTER, and Mr. ROSS of Florida. By Mr. GARY G. MILLER of Cali- HOLLEN, Ms. WOOLSEY, Mrs. BACHMANN, Mr. H.R. 675: Mrs. BLACK and Mr. BECERRA. fornia: BUTTERFIELD, Mr. BRALEY of Iowa, Mr. H.R. 690: Mr. LANDRY. H.R. 861. CASSIDY, Mr. CARSON of Indiana, Mr. H.R. 692: Mr. MARCHANT, Mr. KING of Iowa, Congress has the power to enact this legis- COFFMAN of Colorado, Mr. BUCHANAN, Mr. and Mr. JONES. lation pursuant to the following: GRAVES of Missouri, Ms. HIRONO, Mr. KIND, H.R. 695: Mr. CAMPBELL. Article I, Section 8, Clause 1 (relating to Mr. KISSELL, Mr. TURNER, Ms. NORTON, Mr. H.R. 706: Mr. ISRAEL and Mr. KING of New the general welfare of the United States); PAUL, Mr. AUSTRIA, Mr. MICHAUD, Mr. POSEY, York. and Article I, Section 8, Clause 3 (relating to Mr. RUSH, Mr. HONDA, Mr. WOLF, and Mr. H.R. 735: Mr. KING of Iowa, Mr. COBLE, Mr. the power to regulate interstate commerce). LATTA. HERGER, Mr. DUNCAN of Tennessee, and Mr. By Mr. MURPHY of Connecticut: H.R. 58: Mr. DIAZ-BALART and Mr. CANSECO. H.R. 862. WITTMAN. H.R. 755: Mr. CONYERS. Congress has the power to enact this legis- H.R. 91: Mr. GOODLATTE, Mr. REED, Mr. H.R. 759: Mr. REHBERG. lation pursuant to the following: SENSENBRENNER, and Mr. MURPHY of Penn- H.R. 764: Mr. LEWIS of California, Mr. SAM The authority to enact this bill is derived sylvania. JOHNSON of Texas, and Mr. OLSON. from, but may not be limited to, Article I, H.R. 100: Mr. MARCHANT and Mr. ROYCE. H.R. 769: Mr. JACKSON of Illinois, Ms. Section 8. H.R. 127: Mr. LANKFORD. SCHAKOWSKY, and Ms. BORDALLO. By Mr. PIERLUISI: H.R. 140: Mr. GRAVES of Missouri. H.R. 772: Mr. WATT and Mr. MCGOVERN. H.R. 863. H.R. 198: Mr. HUNTER. H.R. 798: Mr. JACKSON of Illinois, Mr. FIL- Congress has the power to enact this legis- H.R. 217: Mr. ROGERS of Michigan. NER, Ms. HIRONO, and Mr. ISRAEL. lation pursuant to the following: H.R. 303: Mr. DOYLE, Mr. WITTMAN, Mr. H.R. 801: Mrs. BACHMANN. The constitutional authority on which this BARTLETT, Mr. GOODLATTE, and Mr. PETER- H.R. 808: Mr. HONDA and Ms. JACKSON LEE bill rests is the power of the Congress to pro- SON. of Texas. vide for the general welfare of the United H.R. 308: Mr. PALLONE, Ms. LORETTA H.R. 819: Mr. PETERS, Mr. VAN HOLLEN, Ms. States, as enumerated in Article I, Section 8, SANCHEZ of California, and Mr. JOHNSON of MCCOLLUM, Mr. DEFAZIO, and Mr. LOEBSACK. Clause 1 of the United States Constitution, Georgia. H.R. 820: Ms. ROYBAL-ALLARD, Mr. PETER- and to make all laws which shall be nec- H.R. 329: Mr. OWENS. SON, Mr. CARNAHAN, Mr. MATHESON, Mr. essary and proper for carrying into execution H.R. 333: Mr. JONES. JACKSON of Illinois, Ms. NORTON, and Mr. RA- such power as enumerated in Article I, Sec- H.R. 358: Mr. LANDRY. HALL. tion 8, Clause 18. H.R. 399: Mr. ROSKAM. H.R. 837: Mr. CUELLAR. By Mr. VAN HOLLEN: H.R. 402: Mr. HINCHEY. H.J. Res. 2: Mr. PALAZZO. H.R. 864. H.R. 412: Mr. LANDRY and Mr. RIBBLE. H.J. Res. 37: Mr. GRIFFITH of Virginia, Mr. Congress has the power to enact this legis- H.R. 436: Mr. BUCSHON, Mr. HECK, Mr. CARTER, Mr. BUCHANAN, Mr. PAUL, Mr. BUR- lation pursuant to the following: MARINO, and Mr. WHITFIELD. TON of Indiana, Mr. WESTMORELAND, and Mr. This bill is enacted pursuant to Clause 1 of H.R. 452: Mr. CAPUANO and Mr. GRIMM. HARPER. Section 8 of Article I of the United States H.R. 456: Mr. ROGERS of Alabama. H. Con. Res. 3: Mr. YODER. Constitution. H.R. 459: Mr. GOODLATTE and Mr. GIBSON. H. Res. 20: Ms. ROYBAL-ALLARD. By Mr. WALZ of Minnesota: H.R. 476: Mr. HASTINGS of Washington, Mr. H.R. 865. CULBERSON, Mr. MCCOTTER, and Mrs. NOEM. H. Res. 44: Mr. BOREN, Mr. SIMPSON, and Congress has the power to enact this legis- H.R. 483: Mr. SHULER. Mr. TIPTON. lation pursuant to the following: H.R. 487: Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 46: Ms. MCCOLLUM. This bill is enacted pursuant to Section 8 fornia and Mr. KILDEE. H. Res. 81: Mr. FILNER. of Article I of the United States Constitu- H.R. 495: Mr. GRIMM. H. Res. 86: Mr. DENHAM. tion. H.R. 509: Mr. LATTA and Mr. PAULSEN. H. Res. 106: Mr. SCHOCK. By Mr. WHITFIELD: H.R. 544: Ms. BROWN of Florida, Mr. WALZ f H.R. 866. of Minnesota, and Ms. LINDA T. SA´ NCHEZ of Congress has the power to enact this legis- California. CONGRESSIONAL EARMARKS, LIM- lation pursuant to the following: H.R. 546: Mr. AUSTRIA, Mr. YOUNG of Alas- ITED TAX BENEFITS, OR LIM- Article I, Section 8, Clause 3, which grants ka, Mr. WALDEN, Mr. SHUSTER, Mrs. ITED TARIFF BENEFITS Congress the power to regulate commerce BACHMANN, Mr. ISRAEL, Mr. GRAVES of Mis- with foreign nations, among the several souri, and Ms. SEWELL. Under clause 9 of rule XXI, lists or States, and with the Indian tribes. H.R. 547: Mr. DUNCAN of Tennessee and Mr. statements on congressional earmarks, f MCKINLEY. limited tax benefits, or limited tariff H.R. 548: Mr. GOODLATTE. benefits were submitted as follows: ADDITIONAL SPONSORS H.R. 595: Mr. WALBERG, Mr. GRIMM, and Mr. OFFERED BY MR. MICA Under clause 7 of rule XII, sponsors MILLER of Florida. H.R. 615: Mr. MCCOTTER. The amendment I will offer to H.R. 662, the were added to public bills and resolu- H.R. 634: Mr. BURTON of Indiana. Surface Transportation Extension Act of tions as follows: H.R. 657: Mr. GINGREY of Georgia. 2011, does not contain any congressional ear- H.R. 5: Mr. OLSON and Mr. KINZINGER of Il- H.R. 672: Mr. MILLER of Florida, Mr. POSEY, marks, limited tax benefits, or limited tariff linois. Mr. SULLIVAN, and Mr. GOHMERT. benefits as defined in clause 9 of rule XXI.

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Vol. 157 WASHINGTON, TUESDAY, MARCH 1, 2011 No. 29 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a The ACTING PRESIDENT pro tem- called to order by the Honorable Senator from the State of New Hampshire, pore. The clerk will read the bill for JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. the second time. State of New Hampshire. DANIEL K. INOUYE, The assistant legislative clerk read President pro tempore. as follows: Mrs. SHAHEEN thereupon assumed PRAYER A bill (H.R. 1) making appropriations for the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- the Department of Defense and other depart- pore. fered the following prayer: ments and agencies of the Government for Let us pray. f the fiscal year ending September 30, 2011, and for other purposes. O God of time and eternity, we come RECOGNITION OF THE MAJORITY to You not because we are perfect but Mr. REID. I object to any further LEADER because we trust Your mercy and kind- proceedings on H.R. 1 at this time. ness. By Your grace, we are able to tri- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- umph over evil, living no longer for pore. The majority leader is recog- pore. Objection having been heard, the ourselves alone but for You. Give our nized. bill will be placed on the calendar. Senators a vision of the goals that f f produce righteousness, honor, justice, ISSUES OF THE DAY understanding, and peace. Empower SCHEDULE them to serve the less fortunate, to Mr. REID. Madam President, fol- Mr. REID. Madam President, we have bear the burdens of freedom, and to lowing any leader remarks, there will before us today an extremely impor- labor for Your glory. Lord, help them be a period of morning business for an tant piece of legislation. It is called to know the constancy of Your pres- hour. Senators will be permitted to the America Invents Act of 2011. The ence, to give primacy to prayer as they speak for up to 10 minutes each during reason I emphasize 2011 is because it work. Give them the gifts of Your light that period of time. The majority will has been almost 60 years since we had and love. control the first 30 minutes and the Re- the last meaningful reforms of the Na- We pray in Your merciful Name. publicans will control the final 30 min- tion’s patent system. We have tried on Amen. utes. Following morning business, the many occasions in recent years to get this bill on the Senate floor. The Judi- f Senate will resume consideration of S. 23, the patent reform bill. The Senate ciary Committee has reported out a PLEDGE OF ALLEGIANCE will recess from 12:30 until 2:15 to allow number of bills over the years, and we have taken no action here on the Sen- The Honorable JEANNE SHAHEEN led for our weekly caucus meetings. Sen- ate floor for a number of reasons. But the Pledge of Allegiance, as follows: ators should expect rollcall votes in re- lation to amendments to the patent re- it is now on the floor. There are a cou- I pledge allegiance to the Flag of the ple of issues to which our attention United States of America, and to the Repub- form bill throughout the day. will be directed. lic for which it stands, one nation under God, ORDER OF PROCEDURE indivisible, with liberty and justice for all. I have received calls from a number I ask unanimous consent that Sen- of Senators who have amendments f ator TOOMEY of Pennsylvania be per- they want to offer that are in relation mitted to speak as in morning business APPOINTMENT OF ACTING to this bill, only two of which I think at 2:15 p.m. today for up to 15 minutes PRESIDENT PRO TEMPORE are really meaningful, but I am sure in order to deliver his maiden speech in there are others. I hope we can move The PRESIDING OFFICER. The the Senate. through this. One of the first amend- clerk will please read a communication The ACTING PRESIDENT pro tem- ments filed is one that has nothing to to the Senate from the President pro pore. Without objection, it is so or- do with patent reform, and we will dis- tempore (Mr. INOUYE). dered. pose of that. The assistant legislative clerk read I think it is important to understand the following letter: f that this bill, if we do it right, will cre- U.S. SENATE, MEASURE PLACED ON THE ate millions of jobs. Some estimates PRESIDENT PRO TEMPORE, CALENDAR—H.R. 1 Washington, DC, March 1, 2011. suggest literally millions of new jobs To the Senate: Mr. REID. Madam President, I under- could be created through this reform. Under the provisions of rule I, paragraph 3, stand that H.R. 1 is due for a second Not every patent creates a job or gen- of the Standing Rules of the Senate, I hereby reading. erates economic value. Some are worth

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

S1023

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VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1024 CONGRESSIONAL RECORD — SENATE March 1, 2011 thousands of jobs. Jack Kilby’s 1959 situation won’t improve. When one Madam President, I suggest the ab- patent for the semiconductor is an ex- considers how Democrats in Wash- sence of a quorum. ample of that, as well as Steve ington have responded to this historic The ACTING PRESIDENT pro tem- Wozniak’s patent for a personal com- jobs crisis, it is no wonder. For 2 years, pore. The clerk will call the roll. puter in 1979. So it is impossible to pre- Democrats in Washington have pushed The assistant legislative clerk pro- dict how many new jobs or even indus- one proposal after another that has ceeded to call the roll. tries may lie buried within the Patent kept the economy from growing and The ACTING PRESIDENT pro tem- Office backlog, but there are thousands stifled the creation of good private sec- pore. The Senator from California. of backlogged patent applications tor jobs. They have tried to tax energy Mrs. BOXER. Madam President, I ask there that we have to dispose of. I hope consumption. They have picked win- unanimous consent that the order for we can work toward getting this done. ners and losers in industry. They have the quorum call be rescinded. We have issues the Republican leader handcuffed small business owners with The ACTING PRESIDENT pro tem- and I have worked on to move forward, a mountain of stifling regulations, in- pore. Without objection, it is so or- and the first issue at hand that deals cluding a health care bill that non- dered. partisan experts predict could lead to with funding the government is the CR. f We are looking to try to figure out a hundreds of thousands of more lost way to do the short-term CR. The jobs. Earlier this month, at a time RESERVATION OF LEADER TIME when economists say rising gas prices President has said—and we will hear The ACTING PRESIDENT pro tem- this from him rather than from us— could delay an economic recovery even longer, Democrats proposed—get this— pore. Under the previous order, the that we can’t continue to have these leadership time is reserved. short-term CRs, so we are working to a change in the current tax laws that see if we can find a way of funding the would amount to a new tax on every- f one who drives a car or truck in Amer- government in the foreseeable future. MORNING BUSINESS ica—a minivan tax. The way that is going to be done is on While the American people have been The ACTING PRESIDENT pro tem- a bipartisan basis. We hope that will be begging lawmakers to remove the bur- pore. Under the previous order, the the case. No one benefits from a shut- dens of government so they can do the Senate will be in a period of morning down of the government, partial or work of growing the economy and cre- business for 1 hour, with Senators per- otherwise. ating private sector jobs, Democrats in mitted to speak therein for up to 10 I look forward to our work on this Washington have been focused single- minutes each, with the time equally di- bill. Until we have something to work mindedly on growing government in- vided and controlled between the two on—the House is going to pass a short- stead. In order to do it, they have basi- leaders or their designees, with the ma- term CR today. Until we actually have cally exempted themselves from the jority controlling the first half and the something to work on, we need to focus rules. They have said that while the Republicans controlling the final half. our attention on this patent bill which rest of the country has had to tighten The Senator from California. is so very important. I have introduced its belt in a down economy, Wash- a revenue measure that we could work ington can continue on its spending f off of. We also have—and I just rule binge in order to grow the government. ECONOMIC RECOVERY XIV’d—a second reading on a matter They have said that while American Mrs. BOXER. Thank you very much. for the continuing resolution. It is H.R. families have had to pay off their cred- 1, the one that comes from the House. Senator REID has told me I have 30 it cards, Washington can continue to minutes, so I will start that at this I think it is pretty clear that won’t rack up debt. They have said that pass, but it shows we are trying to time. while most Americans struggle to We are in a very difficult time right move forward. The House is going to make ends meet, they don’t have to. now because we are getting out of the act on something today. I have placed That is what this afternoon’s vote in deepest recession since the Great De- my revenue measure on the floor, indi- the House is all about. cating to the Republican leader my in- This bill should not be controversial. pression. If we go back and look at the tentions of moving forward on that. So It has only become controversial be- headlines when our President was inau- it is important that we work together cause Democratic leaders in Congress gurated, we see the pace of job loss and to get this done. The current funding have resisted every effort—every ef- we see what happened to credit and we for the government runs out this Fri- fort—to rein in their spending bills. see what happened to the auto industry day. This bill proposes to cut spending for and we see what happened to the stock I look forward to everyone working the next 2 weeks by $4 billion, and they market—we eventually lost about 50 hard on the patent bill. When we are in have fought it tooth and nail. They percent from its highs. We are now in a a position to move forward on funding refuse to admit that Washington has a situation where we have this economic the government past March 4, we will spending problem. But the verdict is in. recovery starting, but the jobs are not move forward on that just as rapidly as For 2 years, Democrats in Washington coming as fast as we want. we can, and we know we have to do it have spent trillions more than we had We don’t want to do anything which this week. in the Treasury. And if expanding the threatens that economic recovery, which threatens our families and f size and scope of government was the goal, it was a big success. But if help- threatens the middle class. This is not RECOGNITION OF THE ing the economy and helping people the time to hurt the middle class. What REPUBLICAN LEADER find jobs was the goal, it has been a we see in Wisconsin is the middle class The ACTING PRESIDENT pro tem- disaster. What has $3 trillion more in finally saying to the Governor there: pore. The Republican leader is recog- debt gotten us? Three million more Look, be fair to us. We are willing to nized. lost jobs. give up pay, we are willing to pay more f Tonight’s vote is an opportunity for for our benefits, but don’t destroy our House Democrats to admit the status ability to have a say in our lives. PLAYING BY THE RULES quo isn’t working. It is a chance to So as this economic recovery plays Mr. MCCONNELL. Madam President, take a small first step toward growing out, we have to deal with deficits that later today the House of Representa- the economy and helping create jobs. have come about because of this ter- tives will take an important vote. At Then, later this week, Democrats in rible recession, fewer revenues coming bottom, it is a vote on whether law- the Senate will have the same oppor- in to the Federal Government, more makers in Washington should continue tunity to show that they get it. Ameri- people calling on programs to help to be exempt from the rules. cans are watching. They want us to ac- them with unemployment insurance Over the past 2 years, millions of knowledge that we need to play by the and food stamps and things they need Americans have lost jobs and homes. same rules they do. They want us to to stay alive. We have to deal with our Tragically, many have stopped looking tighten our belts, too, and show we are deficit, there is no question about that. for work altogether. They think the in this together. We have to do it like grownups. We

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Joe Walsh (Ill.) said Republican opponent, every day, said: auto industry. when asked how the newcomers would react Senator BOXER, where are the jobs? It is fair to say things have sta- if the Democratic-controlled Senate offered Where are the jobs? That was a legiti- bilized. The auto industry had the best a spending bill with fewer cuts than theirs. ’1 mate question. I answered it this way: year in a long time. The money we don’t know. I don’t know. And I think most It is taking too long to get these jobs loaned to the banks has been paid freshmen don’t know.’’ back where they should be, but I am back. But we have more to do. The def- This class of Republican freshmen—the going to fight every day for jobs. When icit is up to $1.6 trillion now because largest for either party in at least six dec- ades—includes nine women and 78 men. Their I see a proposal that will threaten jobs, the wars are now on the budget, be- views are not all the same: Some have called I am going to talk about it. cause we still haven’t made up for the for a more nuanced approach to spending I am going to get to the Republican revenues we lost, and the jobs are com- cuts, while others have insisted that the proposal for the rest of this year, the ing back too slowly. House’s bare-bones budget was not bare 2011 budget proposal, which experts This is where we stand. We have to enough. such as Mark Zandi, a Republican ex- pass a budget for the remainder of this Many can recount the moment they real- pert who advised Republican can- year, and Democrats are saying let’s do ized they were mad enough to run for Con- didates—he advised JOHN MCCAIN. He it wisely. We will cut, cut, cut, and we gress. said, as well as Goldman Sachs, that if Rep. Alan Nunnelee (Miss.) said that he have a list of cuts we can go over. We was happy as a state legislator, and that he you pass the Republican budget plan, cut $40 billion from the President’s 2011 had resisted previous efforts to draft him as you endanger 700,000 jobs. So what do budget. The Republicans cut $100 bil- a candidate. Then, on March 27, 2009, he we do? We have to cut spending, yes. lion from the President’s budget. So, learned he was going to be a grandfather. We have to do it wisely. We have to sit surely, between the 40 we cut and the ‘‘What I saw happening in Washington together and discuss it, not say: My $100 billion they cut, we can meet and really was endangering the freedom’’ his new way or the highway; here is the bill, solve this problem. I would like us to grandson would have,Nunnelee said. ‘‘I had a don’t talk to me. do it right now—sit down in good faith moral obligation to do something about it.’’ Rep. Blake Farenthold (Tex.) was a talk- I think it is important, as we hear and get it done and scratch any of the the majority leader address his com- radio host, one of more than three dozen cuts that hurt our children, scratch the freshmen who had never held an elected of- ments to the Democratic side, to ad- cuts that hurt our women’s health, fice. dress some comments to the Repub- scratch the cuts that are essentially ‘‘I really feel like I was called to run for of- lican side. When George Bush was political—I will go into those later— fice at this time,’’ he said. ‘‘A whole bunch of elected President, President Bill Clin- and come up with the cuts that don’t things all came together at once. . . . I can’t ton handed him a $236 billion budget threaten hundreds of thousands of jobs. credit that to anything but divine interven- surplus. I am proud to say I served at Here is the deal. There is still talk tion.’’ that time, and I voted for the Demo- and fear about a government shutdown. With that kind of back story, the freshmen cratic budget, the Clinton budget. said they wouldn’t play the role of Every time we think we have passed Congress’s rookies. Instead of being taught What did it accomplish? Quite a bit. the point, there comes another article. by longtime lawmakers, many said, they Not only a balanced budget but a sur- Today in the Washington Post there is wanted to teach. plus. There were those on the other this article. I ask unanimous consent ‘‘When you say, ‘We need to listen to the side calling for an amendment to the to have this printed in the RECORD. American people,’ that’s us,’’ said Rep. Kevin Constitution for a balanced budget. We There being no objection, the mate- Yoder (Kan.), a former state legislator. said: We don’t need an amendment; we rial was ordered to be printed in the This group—which represents about one- third of the Republicans in the House— just need to balance the budget in a RECORD, as follows: wise way, and we did it. We cut out un- showed its muscle last month, in a series of [From the Washington Post, Mar. 1, 2011] private meetings with House Speaker John necessary spending, but we invested WITH GOVERNMENT SHUTDOWN LOOMING, A. Boehner (Ohio) and other GOP leaders. where it created jobs. Guess what. We FRESHMEN ARE THE WILD CARDS At issue was how deep to cut spending in a said to the upper income people of $1 (By David A. Fahrenthold and Philip ‘‘continuing resolution’’ to fund the govern- million or more: You have to pay your Rucker) ment for the remaining seven months of this fair share. They were willing and able In just two months, a freshman class of Re- fiscal year. During the midterm campaign, to do it, and we created not only sur- publicans has found a way to run the House. Republicans had pledged to cut $100 billion pluses in the Federal Government but These 87 new members—who otherwise over a year. 23 million new jobs. might have become foot soldiers for party But the leadership presented a number Let me say that again. We created a bosses, or jittery pawns of their home-town equal to seven-twelfths of $100 billion. surplus—not only a balanced budget tea party groups—have instead coalesced The math worked. But, freshmen say, the politics didn’t. surplus but 23 million new jobs. Now into a bloc with its own ideas and a head- strong sense of its muscle. ‘‘We felt like we told the people that we the Republicans take over, and when As Republicans and Democrats try to cut a would do $100 billion,’’ said Rep. Trey Gowdy George Bush leaves office, he created 1 short-term budget deal this week—and a (S.C.), a former prosecutor. ‘‘And when you million jobs in 8 years, compared to 23 more permanent one in coming weeks—the start using the words ‘pro-rata’ or ‘There’s million. Guess what. He left us a $1.3 freshmen are the wild card. They have the seven months left in the budget’—as a pros- trillion deficit. I say to my friends power to derail the whole process. Again. ecutor, when you’re explaining, you’re los- here, he left the wars off budget, so it But even their own leaders don’t know if ing.’’ was even way higher than that. He they will. The leadership agreed, without much of a fight, and went back to make additional re- didn’t put the two wars on the budget. The freshmen’s willingness to do things their way stems from their hyper-confident ductions. In Congress’s world of tradition President Obama, last year, created vision of themselves, revealed in interviews and seniority, the tail had officially wagged more jobs than George Bush did. Presi- in recent days with more than 30 members of the dog. dent Obama created, in 2010, 1.1 million the group. Many described their job as a But from here on out, it will be harder to new jobs. So the new jobs under Presi- ‘‘calling,’’ a sense that their grandchildren, be Congress’s heroes. dent Obama in 2010 equal the net jobs their country or their God needed them to Many of the freshmen say they want to of George Bush after 8 years. President make hard decisions to right the govern- consider changes to Medicare, Social Secu- Obama inherited a $1.3 trillion deficit ment’s finances. rity and other entitlement programs, which from George Bush, who created that ‘‘We may be the last opportunity,’’ said have been political land mines in the past. Rep. Michael G. Grimm (N.Y.), a former FBI And Senate Democrats and the White House from a surplus. It is important we fol- agent. probably will stop many of their proposals low this. George Bush created 1 million But now, the difficult part. cold. jobs net compared to 23 million jobs In the escalating budget fight—and other ‘‘We may not make it. Honestly. It may under Bill Clinton, and President battles to come—the freshmen will face the blow up in our face as well,’’ said Rep. James

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1026 CONGRESSIONAL RECORD — SENATE March 1, 2011 Lankford (Okla.), who previously directed a checks flowing to Social Security re- believe, if Members of Congress are Christian youth camp. ‘‘At some point, cipients, to veterans with disabilities, going to be deciding whether the gov- somebody’s going to stand up and say, ‘We to make sure we don’t harm the pri- ernment continues to operate or cannot keep doing this.’ ’’ whether it shuts down, they have to This is a key part of the story the fresh- vate sector contractors and workers—if men tell about themselves: that they don’t we don’t do that, we don’t deserve to play by the same set of rules. mind turning some people off, or even losing get our pay. I mentioned the economy because reelection. We put together a bill that says, in this has a direct connection to why we ‘‘I cannot tell you how liberating it is,’’ the case of a government shutdown, are discussing this today. We have, as I Gowdy said. ‘‘The job just doesn’t mean that Members of Congress and the President said, a recovering economy. In Penn- much to me. I’m loyal to my word, and in must be treated the same way as other sylvania, there is data to show that. I the end I think that’s what I’ll be judged Federal employees—and, by the way, know in California the unemployment on.’’ not get back our pay retroactively. It rate has been high. It was high for a But the election is still 21 months away. In long period of time in Pennsylvania. It that time, historians say, the freshmen will touched a chord with several col- find it more and more difficult to hold on to leagues. We have the bill written, and is still high but, in a relative sense, their sense of exceptionalism—that they can we have sent it to the Republican side lower than a lot of places. We are at 8.5 be in Washington, but not of it. and the Democratic side. My under- percent in our State. That translates ‘‘Their principal vulnerability is that— standing is, it has passed the Demo- into 538,000 people out of work, which having been elected—they will be seen as cratic side via hotline, and the Repub- is an incredibly high number. I will say politicians. No matter what. By definition, this. That number was higher this past they are politicians,’’ said Ross K. Baker of licans are looking at it now. The co- sponsors are Senators BOXER, CASEY, summer. We were approaching 600,000 Rutgers University. Baker said that means people out of work. We were below making complicated decisions that are hard MANCHIN, TESTER, NELSON of Nebraska, to explain to voters. BENNET, WARNER, WYDEN, COONS, HAR- 540,000 at last count. I hope we are still ‘‘The alternative, of course, is to be voices KIN, HAGAN, MENENDEZ, STABENOW, moving in that direction when we see in the wilderness,’’ Baker said—uncompro- MERKLEY, and ROCKEFELLER. the monthly numbers again. mised, but also irrelevant. We feel we have the support of the We have a recovering economy. We But the fallout from their hard decisions people. We are hopeful we will avert a also have very high deficits and debt. will not come just at the election. The American people are worried about Last week, as freshmen went home to their government shutdown because it is bad for our country, bad for our families, that, justifiably. I have no doubt that districts for town hall meetings, Rep. Robert when we continue to work together in T. Schilling (Ill.) could already feel it in the bad for our States, and there is no need pit of his stomach. to have one. But if we do have one, we the Senate—and I hope it happens in ‘‘He who turns a blind eye will get many a don’t want to have Members of Con- the House as well—we can come to a curse,’’ said an angry Clara Caldwell, 81, gress go home, get their pay, and not consensus about the 2011 budget, which quoting Proverbs at Schilling’s town hall even have to pay a price or sacrifice or is where most of the attention is now, meeting in Moline, Ill. She was criticizing and the 2012 budget but also, longer him for voting to cut funding for Head Start anything else while other families are sacrificing. We hope our Republican term, about how we pay for essential programs. services, create jobs, and reduce deficit friends will agree with us and, if they Last year, Schilling was making pies at and debt. do, we are going to send it over to- Saint Giuseppe’s Heavenly Pizza, the res- Along the way, if Members of Con- taurant he owns just a few blocks away. On night. We are not asking unanimous this night, he received applause and criti- gress are going to vote for a shutdown, consent now, but we will at 4 o’clock. If they should not be paid their salary cism from a standing-room crowd. Schilling they can go forward, we will send this tried reasoning with the critics: ‘‘Lots of while that shutdown is in effect. It is over to Speaker BOEHNER in the hopes people say, ‘We need cuts.’ But everybody in about basic values such as account- the room says, ‘Don’t cut my stuff.’ ’’ it will breeze through the House. ability, not having one set of rules for In case of a government shutdown, He tried conciliation, on the subject of an Members of Congress and another set Amtrak project in the district, which he’d which we hope will be averted, we hope of rules for the American people. It is voted to cut. ‘‘The Amtrak will probably end we are treated the same as Federal em- also about playing by the rules. We up happening someday,’’ Schilling said. ployees and that we are not getting our And he tried, in a quiet way, to ask for have to play by the same rules that we paychecks when others are not. vote to attach to what happens in the sympathy. ‘‘The stress that’s out there is With that, I will yield the floor to just unbelievable,’’ he said, meaning in Federal Government. Finally, I think Senator CASEY for as long as he would Washington. it is about restoring or beginning to re- like. It isn’t just in Washington. ‘‘Your stomach store some of the basic trust we hope The ACTING PRESIDENT pro tem- kind of knots. Your mouth’s dry. I went the American people will have in their pore. The Senator from Pennsylvania through a whole bottle of water in there,’’ government. That trust, that faith that is recognized. Schilling said after the town hall meeting, keeps our democracy together, can be walking to his car. Good to get used to it, he Mr. CASEY. Madam President, I wish badly broken if we have Members of said. ‘‘It’s not going to get any better. We’re to take a couple moments to express Congress who vote for a shutdown but on a mission.’’ my gratitude, and I think people across are still getting their pay after the Mrs. BOXER. It says this on the front the country—if we can get this done— shutdown is in effect. page: ‘‘With shutdown looming, GOP will express their gratitude as well. At Finally, it is about a basic value freshmen are wild cards.’’ When you a time when the economy is still recov- called fairness. People expect us to be ask the Republican Members of the ering—and there is good news that the fair. We cannot say to the American House where this is going, they say recovery is moving at a faster rate people that a Member of Congress is they don’t know. The government than it was 1 year ago or certainly voting to shut down the government, could shut down; we don’t know. Later, than 6 months ago. I wish to talk about with all the implications of that and I will go into what happened the last that for a moment. the instability that would create, but time the government shut down. I will I express my gratitude to Senator then in the same breath say we still not do that at this moment. BOXER for her leadership on this issue. want to get the pay we have as Federal I talked to Senator CASEY, my good All we are saying together—as she did employees. So it is good account- colleague and a great leader in the in the mid-1990s, when this came up at ability, trust, and fairness. Senate, about an anomaly in the law the time of that shutdown—is, Mem- I commend Senator BOXER for, once that protects Members of Congress bers of Congress have to play by the again, showing the leadership she dem- from getting their pay shut down in same rules as everyone else who de- onstrated in the mid-1990s on this issue the case of a government shutdown, pends upon the Federal Government for and again making it very clear we are when the vast majority of Federal a program or their pay; that we will going to do everything we can to live workers will not get paid. He and I play by the same rules. I commend by the same rules. If there is a shut- agree there is something wrong with Senator BOXER for her leadership, as down, our pay should be shut down. this system. It is not fair. If we fail to she demonstrated all those years ago, With that, I yield the floor. keep this government operating, which when at the time it passed, but it was Mrs. BOXER. Madam President, how is our basic responsibility, to keep the taken out in a conference committee. I much time remains?

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1027 The ACTING PRESIDENT pro tem- by the end of the year. It is inconceiv- are Republican, Independent, or Demo- pore. Twelve minutes 45 seconds re- able, after they ran around in this last crat—and said: Senator, the two things main. election saying: Where are the jobs? I want when you get back is to give me Mrs. BOXER. I thank the Senator Where are the jobs?—that is all I heard. dirty air and give me poisoned food. I from Pennsylvania for working hard on And it was a good point. But it is in- need more contamination in my food. this piece of legislation. It is very sim- conceivable they would turn their I cannot believe this. We just did a ple. backs on jobs and now focus on the def- great bill, and they slashed the money No budget, no pay. That is it. We icit as if that is the only issue we have for food safety. Tell me how that cannot have no function of government to worry about. makes America stronger. Tell me, more important than passing a budget Again, when President Obama took when we know how many people die of and keeping us going. The people have office, the economy was heading off a illness from contaminated food. a right to expect that we will do our cliff. I will never forget the Republican They did a political vendetta against work. Secretary of the Treasury, Hank family planning, which is going to lead Social Security checks, if there is a Paulson, looking straight in my eyes— to more abortions if it goes through. It shutdown, may not arrive on time. and that was hard because he is 7 feet is not going to go through because we Veterans may not receive the benefits tall and I am a little under 5 feet; he is are not going to let them stop ensuring they have earned. Passports may not not 7 feet tall, but to me he looks like that American women in this day and be issued. Superfund sites will not be 7 feet tall—and saying: Senator, cap- age—they are not going to tell my peo- cleaned up, and those are dangerous. italism is on the brink of collapse. We ple in California they cannot have ac- Oil wells should be inspected. We see may see the collapse of capitalism. cess to contraception. Yet they cut what happens when we do not do the I remember back to the debates when every penny from Planned Parenthood functions of government; we pay, our one of my Republican colleagues sug- in a clear, I believe, unconstitutional people pay. Export licenses must be gested nationalizing the banks. Presi- political vendetta. granted. Troops must be paid. Failing dent Obama said: No, we are not going Madam President, 5 million men and to keep the government open because there. We are going to have to figure women get the services of Planned Par- of politics or because no one wants to out a way. Yes, we did lend them enthood. They get tested for STDs, listen to the other side and meet in the money and it was an awful vote and I AIDS, cancer screenings—all of that. middle is a failure. All we are saying is hated every minute of it. The banks And a lot of women use Planned Par- treat Members of Congress and the paid back every penny. enthood clinics as their first line of President the same as other Federal The auto industry—oh, my col- health care. This is 2011. We are not employees. And no retroactive, back leagues said, we cannot help the auto going back to the dark days when pay either. industry. Oh, yes, we did. We did not women died because they did not have The bigger issue is the one I touched want to be the only Western Power health care. We cannot. We cannot do on; that is, what is the right way to ap- that did not have an automobile indus- it. Drop the political vendettas. Come to proach this deficit problem. Clearly, we try. It is important to our national de- the table and let’s find the cuts that have to do it responsibly. Clearly, the fense. We stabilized the auto industry, make sense. Put a little more faith in American people want us to reduce this we have stabilized the financial indus- your Democratic colleagues since we deficit. I want to reduce it. I have to try, we approved tax cuts for the mid- are the only ones who balanced the say very proudly, not only did we re- dle class, and we made investments in budget and created a surplus and 23 duce it under Bill Clinton but we had infrastructure. million jobs. I do not need to hear lec- surpluses. This is the only time we ever Yes, it is true, George Bush took a tures about that. They can talk all big surplus and turned it into a $1.3 had a surplus—a Democratic adminis- they want. The last balanced budget trillion deficit. The deficit now is $1.6 tration. OK? That is it. I do not need was under Bill Clinton. The last sur- trillion as we struggle out of this eco- lectures from the other side of the plus was under Bill Clinton. The last nomic mire and put the wars on the aisle. Show me a time when they bal- great economic growth was under Bill anced the budget. They do not have one budget. Clinton. to show me. By the way, ending the wars in Af- Our President gets it. That is why he They can show me the record under ghanistan and Iraq over 10 years could tackles this deficit over a period of George W. Bush and George Herbert get us $1.1 trillion. I have not heard time and gets it down to $600 billion by Walker Bush: deficits, deficits, deficits, any of my Republican friends go there 2015. Maybe we can do more. I am ready deficits. And under George Bush, job at all with that. We need to do that. to do more, and we will do more if we losses. Over the entire 8 years, there They are just looking at one small part have an economic recovery. We will not were 1 million net new jobs compared of the budget. if we lose another 1 million jobs and to 23 million under Bill Clinton. What I have to tell you from my heart have another 1 million people getting a record. what I think they did over there. They help from us rather than having jobs Let’s do this the way we know it cut $100 billion off the President’s and keeping their homes. should be done, which is a balanced ap- budget. We cut $41 billion off the Presi- What other vendettas? This one, the proach. Cut spending where it is waste- dent’s budget. This is what they did: I Corporation for Public Broadcasting. ful, where it is useless, where it is believe they used deficit reduction as Somebody said that 4 hours of the war dumb to spend money. Spend it where an excuse to carry out political ven- in Afghanistan would be equal to the it makes sense—on our kids. dettas against the Environmental Pro- cut they made to public broadcasting— The things my colleagues in the tection Agency. They not only took a 4 hours of the war in Afghanistan. House did without one Democratic vote meat axe to that budget, but they or- America should be proud of the Cor- are shocking. The experts tell us we dered the EPA—they said they cannot poration for Public Broadcasting. We could lose between 700,000 and 1 million protect families from pollution from go toe to toe with the BBC. Great Brit- jobs—between 700,000 and 1 million cement plants. They cannot do that. ain funds 100 percent of the BBC. We jobs—if we go with their package. They That means our people will be exposed fund 15 percent of public broadcasting. need to sit and talk with us. Let’s rea- to mercury. They said they cannot en- But now they want to zero it out. A son together. force the Clean Air Act when it comes vendetta against Elmo. They cut $100 billion off the Presi- to carbon pollution. Imagine, they do They have a vendetta against health dent’s budget. We have already cut $40 not dare just come here and say: Let’s reform. The President is right. In our billion. Let’s meet in the middle. But repeal the Clean Air Act. They go bill we say the States can do another let’s not threaten as many as 1 million around the back door using the budget plan. Let’s push that up to 2014. Do not jobs. as a political vendetta tool. go back to the days when 62 percent of Moody’s estimates their budget They said: Let’s stop our improve- all bankruptcies were linked to a would destroy 700,000 jobs. Goldman ments in food safety. I have to say, not health care crisis. Sachs says their plan would cut eco- one person in my home State ever Madam President, how much time do nomic growth by as much as 2 percent came up to me—I do not care if they I have remaining?

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1028 CONGRESSIONAL RECORD — SENATE March 1, 2011 The ACTING PRESIDENT pro tem- ous about the entire problem of Amer- Marshall plan spent between $115 bil- pore. There is 1 minute 45 seconds re- ica’s debt. lion and $130 billion in today’s dollars maining. It also goes directly to the problem over those 4 years. If a Middle Eastern Mrs. BOXER. Madam President, they of jobs we have in our country today. plan carefully distributed a few billion have a vendetta against clean energy. I The last Democratic Congress and the dollars over 5 years it could have an guess they want to keep dependence on President’s policies have thrown a big enormous impact. foreign oil. I do not and my people do wet blanket on private sector job cre- The Marshall plan started out after not. We do not enjoy $5-a-gallon gas, ation in America. One of the biggest World War II buying food and fuel and which is where it is heading maybe be- parts of the wet blanket is the big debt. ended up rebuilding bombed-out indus- cause of the unrest in the Middle East. According to economists, it costs us 1 trial plants, roads, and other infra- We need alternatives—clean cars, cars million jobs a year. The big debt cre- structure. In addition to schools and that go 50, 60 miles a gallon or do not ates the potential for higher interest clinics, a Middle Eastern Marshall plan need any gas at all. Oh, they cut that. rates. That makes it harder to create is more likely to spend money on, for They cut Head Start. Our little kids jobs. It soaks up capital. It could be example, a corps of young people who will not have Head Start. What are used to create jobs. It creates uncer- are paid a subsistence wage to they doing? It makes no sense. Every tainty. It creates a lack of confidence. strengthen their own country. dollar we put into early childhood edu- There is a lot of spirit in this Senate Marshall plan money went to 16 Eu- cation saves $10. What are they doing? to find a consensus on how to deal with ropean governments. Money for a Mid- And Pell grants. the debt. I want to be one who does dle Eastern plan should probably be There are so many other ways to pro- that. I look forward to a serious discus- distributed through non-governmental ceed. Do you know, if we just looked at sion of those efforts. organizations. the tax loopholes given to corporations f After World War II, there was a clear who ship jobs overseas, it is over $140 A NEW MARSHALL PLAN FOR THE effort to impose on Europe and Japan billion over 10 years? Let’s take a look MIDDLE EAST the American model. We should have at that. Let’s take a look at the bil- learned by now that the path to democ- lionaires. Why do we have to ask little Mr. ALEXANDER. Madam President, racy in the Middle East is more likely kids to give up a slot in Head Start and in Jerusalem last week during a pri- to be uniquely Middle Eastern. The get that Head Start they need? Why do vate meeting with U.S. Senators, the original Marshall plan was paid for we have to ask our teenagers to give up Prime Minister of Israel suggested cre- mostly by United States taxpayers. on going to college? That is what their ating a new Marshall Plan to help the Money for this new plan should come budget does for no reason at all. people of Middle Eastern countries who from around the world, mostly from Let’s avert a government shutdown are struggling to gain more freedom. I private gifts. by coming together. I am willing to was one of the Senators in that meet- The first Marshall plan was used move in their direction. They have to ing. mostly for purchase of goods from the be willing to move to mine. Again, In one important way, Prime Min- United States. Today, those goods they cut $100 billion off the President’s ister Benjamin Netanyahu’s proposal is would be purchased from around the budget. We cut $40 billion. Let’s meet different from the plan that helped re- world. in the middle. build Western Europe after World War What are the next steps? First, a coa- The ACTING PRESIDENT pro tem- II. Its funding would not come from the lition of foundations should step for- pore. The Senator’s time has expired. U.S. Government but from private gifts ward and announce its willingness to Mrs. BOXER. Madam President, I ask and foundations worldwide. Instead of consider proposals from Egypt and unanimous consent for 30 more sec- the money going for rebuilding bombed other Middle Eastern countries that onds, and then I will yield to my out industrial plants and roads as it would assist a transition to a more friend. did after World War II, it would more democratic form of government. The ACTING PRESIDENT pro tem- likely be spent in the Middle East now Second, the first grants should be pore. Without objection, it is so or- on schools, on health clinics, and on quickly approved, probably to non-gov- dered. clean water. ernmental organizations already in Mrs. BOXER. Madam President, in Fundamentally, though, the plans place. The original Marshall plan conclusion, let’s meet in the middle. are very similar. Both GEN George C. moved slowly. In this age of instant Let’s put this 2011 budget issue behind Marshall in 1947 and Prime Minister communication, freedom fighters ex- us quickly. Let’s move on to long-term Netanyahu today proposed helping ad- pect immediate results. Some evidence deficit reduction and job creation. If we versaries as well as allies. Both aim to of improvement in their lives could fail, let’s not get paid for our work relieve hunger, poverty, desperation, help sustain a movement toward de- here. and chaos. Both proposals are based mocracy against the lure of militant This afternoon I will be back to ask squarely on self-interest, as antidotes Islam. unanimous consent: No budget, no pay. to the spread of philosophies unfriendly An early State Department memo- Madam President, I yield the floor. to democracy: communism in the case randum compared General Marshall’s The ACTING PRESIDENT pro tem- of postwar Europe and militant Islam proposal to a flying saucer: ‘‘Nobody pore. The Senator from Tennessee. in the Middle East today. knows what it looks like, how big it is, Mr. ALEXANDER. Madam President, In both cases, applicants for the or whether it really exists.’’ Prime I appreciate the comments of my money would write their own plans. In Minister Netanyahu’s proposal also is friend, the Senator from California. We 1948, 16 nations met in Paris to develop usefully vague, with details to be filled have to be serious about the country’s the Marshall plan. President Truman in later by applicants for grants. But debt. Admiral Mullen, the Chairman of then submitted it for approval to the shouldn’t it be enough simply to pro- the Joint Chiefs of Staff, says the debt Congress. Most of the money was dis- pose helping people struggling for free- is our biggest national security threat. tributed by grants that did not have to dom based upon the hard-eyed belief Anyone in my State who looks at be repaid. that their success will benefit other what we are spending in Washington is The first Marshall plan was short Democratic countries, including the astonished. We are spending, this year, term, from 1948 to 1952, and so should United States and Israel? $3.7 trillion. We are collecting $2.2 tril- be this new Marshall plan. The goal is lion. The House of Representatives has not to create dependencies but to help f said: Let’s take a step—a serious step— people stand on their own. toward dealing with that debt. I ap- There are some important differences TRIBUTE TO DAVID KEARNS plaud them for that. That number is a between the idea of the Marshall plan Mr. ALEXANDER. Madam President, number that we on the Republican side after World War II and Prime Minister in Rochester, NY, today and tomorrow, try to support in the Senate. We might Netanyahu’s proposal for the Middle family and friends are celebrating the have our own priorities within that re- East. The new Middle East Marshall life of David Kearns, who died a few duced number, but we need to get seri- plan would cost much less. The original days ago at age 80.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1029 David Kearns was the former chief Corporation, and with David’s leader- trying to persuade Republicans that I executive officer of the Xerox Corpora- ship raised $70 million in private cap- was their natural nominee for Presi- tion who, during the 1980s, led that cor- ital for that. That attracted hundreds dent of the United States. I wasn’t suc- poration to win back the copying mar- of design teams from around the coun- cessful in that, but I was enthusiastic ket from the Japanese. Along the way, try with ideas for how to create better about it. I had made to a Republican he found time to become America’s schools. President Bush hosted a num- group what I thought was an especially most effective business leader who was ber of America’s business leaders at good speech. During the speech, I a champion of education reform, espe- Camp David to help make that happen. talked about my work in the U.S. De- cially for pushing new technology into We worked with Diane Ravitch to partment of Education and I talked schools. He served as Deputy Education create an effort to implement stand- about David Kearns—about his leader- Secretary under the first President ards for the national education goals ship and about how he helped do all the Bush while I was the Secretary of Edu- that President Bush had helped to set things I have just mentioned. After the cation in 1991, 1992 and 1993. in 1987 with the Nation’s Governors. speech, an enthusiastic Republican I remember first meeting David These were the goals for math, science, lady came up to me and said: That was Kearns in 1990, when I was president of history, English, and geography, and a wonderful speech. Thank you very the University of Tennessee and had we took important steps toward that. much, I said. Now I know who should my office in Knoxville. He came into Today, the common standards States be President, she said. Well, thank you, my office, and on the way he said hello are adopting owe some of their begin- I said. She smiled and said: David to every single person in the outer of- nings to those efforts. Kearns. That was the opinion that she fice, and every single other person he We established commissions to look and I and almost everyone who met met while I was there. And he remem- at extending the school day. We pushed him had of David Kearns, whose 80 bered every single one of their names. for technology in the schools. The years in this country have been very I didn’t forget that, and they didn’t President proposed in 1992 a GI bill for special. forget him. When David Kearns left the kids, which would give scholarships to I thank the Presiding Officer, and I University of Tennessee from that visit poor kids so they could choose any yield the floor. I bought his book about education re- school, public or private or religious, The ACTING PRESIDENT pro tem- form and read it. so they could have more of the same pore. The Senator from North Carolina. Later that year, President Bush choices of good schools that kids with Mr. BURR. Madam President, are we called me and asked me to become his money had. in morning business? Education Secretary. I asked the Presi- By the time we left in 1993, every The ACTING PRESIDENT pro tem- pore. We are. dent if I could put together my own State in America had their own version Mr. BURR. I thank the Presiding Of- team, subject to his approval, and then of America 2000—it was Tennessee 2000 ficer. if we could put together our own plan, or New Hampshire 2000 or Kansas 2000— subject to his approval. Those were two moving toward the educational goals f of the smartest questions I ever asked, community by community. None of REMEMBERING FRANK BUCKLES because that meant I didn’t have to go that would have happened without through the White House staff to get Mr. BURR. Madam President, I wish David Kearns’ enthusiasm, skill, and the team cleared or the policy cleared. to take a moment in this Chamber to leadership. I could go directly to the President. honor the passing of the last doughboy, In 1992, during a riot over Rodney Mr. Frank Buckles, the last of those And as soon as I had that permission, I King in Los Angeles, President Bush called David Kearns and asked him if World War I veterans. Mr. Buckles was sent David to represent him. David had he would be willing to be the Deputy America’s last living World War I vet- a strong background in civil rights. Secretary of Education in the U.S. De- eran and he died Sunday in West Vir- While he was there, he telephoned me partment of Education. ginia. His death came 1 month after his I knew it would be hard to persuade and said: This is the hardest phone call 110th birthday, which he celebrated on him to do so. He was at the peak of his I have ever had to make. I have cancer. February 1 with his family. career. He had just retired as one of He had just discovered he had cancer of Frank Buckles was dedicated to serv- America’s best known business leaders. the sinus. When he came back, he had ing his country at all cost. He enlisted His friends said: Why in the world an operation and the operation gradu- in the U.S. Army when he was only 16 would you go into the government and ally destroyed his eyesight. years old. Throughout the Great War, subject yourself to all that abuse and That was 20 years ago, but it didn’t Mr. Buckles proved himself to be a take a secondary position in a minor stop David Kearns. During that time, brave soldier. He served on the RMS department? I asked President Bush to he created the Kearns Center for Lead- Carpathia, drove ambulances and mo- call David Kearns and recruit him, and ership at the University of Rochester, torcycles in France and England, and he did, appealing to his patriotism. where he graduated and served as escorted prisoners of war back to Ger- They both served in World War II. trustee for many years. Then to help many. David had such a passion for edu- him get around, because he couldn’t Mr. Buckles lived to see our country cation, he came on board, and it was see, or could barely see, he invited a at war several more times in his life. terrific that he did. It was a privilege young man each year to go with him He even survived as a prisoner of war to work with such an accomplished ex- and help him see and do what he need- during World War II. He had been cap- ecutive. Employees in the Department ed to do. For those young men—nearly tured while working for a shipping of Education loved having him around. 20 over the last 20 years—that has been company in the Philippines. Having him there helped recruit a dis- a remarkable opportunity to be in the As a soldier and as a civilian, Mr. tinguished team of leaders for the De- presence of one of America’s great Buckles lived a life defined by hard partment and we put together what we mentors at an early stage in their work, love of country, and a sense of thought, over 2 years, was a pretty im- lives. duty to his fellow citizens. His passing pressive program working with Presi- Everyone who knew David Kearns ad- marks the loss of a generation that dent Bush. mired him and loved him. A few days shared those same values, a generation Some of the ideas sound very famil- ago, I spoke with Shirley Kearns, Da- that built America into the country it iar today, especially to former Gov- vid’s wife of 56 years, and reminded her is today. My thoughts go out to his ernors. One idea was break-the-mold of what she already knows: how much family. schools. Today we call them charter David’s friendship meant to me. Honey It is also important we recognize schools, or start-from-scratch schools. and I will be thinking of them today that Mr. Buckles’ death is an impor- The thought was to have one in each and tomorrow in Rochester. We will be tant moment for all of America. Our congressional district—535 of them— thinking about Shirley, their 4 daugh- country should come together to honor funded by $1 million of seed money ters, 2 sons, and 18 grandchildren. Mr. Buckles and an entire generation from the Federal Government. For me, one story sums up David that has done so much to build a world To support those schools, we created Kearns’ life better than others. I think where democracy and freedom are cele- a new American Schools Development back to 1995, when I was in Utah. I was brated values. This is the reason that I

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1030 CONGRESSIONAL RECORD — SENATE March 1, 2011 cosponsor, with my colleague from very close to a consensus bill the Sen- of the Patent and Trademark Office and un- West Virginia, Senator ROCKEFELLER, a ate can and should pass to help create dersecretary of commerce for intellectual resolution I hope our colleagues will good jobs, encourage innovation, and property, said in a recent interview. ‘‘If it support unanimously, to allow this last strengthen our recovery and economy. had, the C.E.O. would have been fired, the board would have been thrown out, and you in a generation of heroes to be recog- I ask unanimous consent to have would have had shareholder lawsuits.’’ nized by the Congress of the United printed in the RECORD the Statement Once patent applications are in the sys- States, either in a service or by lying of Administration Policy from the tem, they sit—for years. The patent office’s in honor in the Rotunda, a privilege Obama administration and the Edward pipeline is so clogged it takes two years for that is held for very few but one that I Wyatt article. an inventor to get an initial ruling, and an think rises to the occasion of the last There being no objection, the mate- additional year or more before a patent is fi- hero of a generation, an individual and rial was ordered to be printed in the nally issued. The delays and inefficiencies are more RECORD, as follows: a generation that played such a part in than a nuisance for inventors. Patentable the values of this country. We will STATEMENT OF ADMINISTRATION POLICY ideas are the basis for many start-up compa- have an opportunity to celebrate the S. 23—PATENT REFORM ACT OF 2011 nies and small businesses. Venture capital- life of this man, but, more impor- (Sen. Leahy, D–Vermont, and 11 cosponsors, ists often require start-ups to have a patent tantly, to cherish the fruits of his com- Feb. 28, 2011) before offering financing. That means that mitment to those freedoms and those The Administration supports Senate pas- patent delays cost jobs, slow the economy liberties that are protected still today. sage of S. 23. As a whole, this bill represents and threaten the ability of American compa- a fair, balanced, and necessary effort to im- nies to compete with foreign businesses. I yield the floor. Much of the patent office’s decline has oc- I suggest the absence of a quorum. prove patent quality, enable greater work sharing between the United States Patent curred in the last 13 years, as the Internet The ACTING PRESIDENT pro tem- age created a surge in applications. In 1997, pore. The clerk will call the roll. and Trademark Office (USPTO) and other countries, improve service to patent appli- 2.25 patents were pending for every one The assistant legislative clerk pro- cants and the public at the USPTO, and offer issued. By 2008, that rate had nearly tripled, ceeded to call the roll. productive alternatives to costly and com- to 6.6 patents pending for every one issued. Mr. LEAHY. Madam President, I ask plex litigation. The figure fell below six last year. unanimous consent that the order for By moving the United States to a first-to- Though the office’s ranks of patent exam- file system, the bill simplifies the process of iners and its budget have increased by about the quorum call be rescinded. 25 percent in the last five years, that has not The ACTING PRESIDENT pro tem- acquiring rights. This essential provision will reduce legal costs, improve fairness, and been enough to keep up with a flood of appli- pore. Without objection, it is so or- cations—which grew to more than 2,000 a day dered. support U.S. innovators seeking to market their products and services in a global mar- last year, for a total of 509,000, from 950 a day f ketplace. Further, by providing authority for in 1997. The office, like a few other corners of the the USPTO to establish and adjust its fees to CONCLUSION OF MORNING government, has long paid its way, thanks to reflect changes in costs, demand, and work- BUSINESS application and maintenance fees. That in- load, the bill would enhance productivity— come—$2.1 billion last year—has made it an The ACTING PRESIDENT pro tem- reducing delay in the patent application inviting target for Congress, which over the process—and ensure full cost recovery at no pore. Morning business is closed. last 20 years has diverted a total of $800 mil- taxpayer expense. Senate passage of this bill f lion to other uses, rather than letting the of- is consistent with the Administration’s com- fice invest the money in its operations. PATENT REFORM ACT OF 2011 mitment to support and encourage innova- Applications have also become far more tion that leads to improved competiveness, The ACTING PRESIDENT pro tem- complex, said Douglas K. Norman, president economic prosperity, and job growth—with- of the Intellectual Property Owners Associa- pore. Under the previous order, the out adding a penny to the deficit. tion, a trade group mainly of large tech- Senate will resume consideration of S. Finally, the Administration understands nology and manufacturing companies. 23, which the clerk will report by title. that several stakeholders have suggested ‘‘When I was a young patent lawyer, a pat- The assistant legislative clerk read that the provisions on damages and venue ent application would be 20 to 25 pages and are no longer needed in the legislation in as follows: have 10 to 15 claims,’’ Mr. Norman said. A light of recent court decisions in these areas. A bill (S. 23) to amend title 35, United claim is the part of the patent that defines The Administration would not object to re- States Code, to provide for patent reform. what is protected. ‘‘Now they run hundreds moval of these provisions from the final of pages, with hundreds, and sometimes Pending: version of the legislation. thousands, of claims.’’ Leahy amendment No. 114, to improve the The Administration looks forward to con- Lost in the scrutiny of the office’s logjam, bill. tinuing to work with the Congress to craft however, was the fact that the number of Vitter/Toomey amendment No. 112, to re- patent reform legislation that reflects sound patents issued reached a record last year— quire that the government prioritize all obli- policy and meets the needs of the Nation’s more than 209,000, or 29 percent more than gations on the debt held by the public in the innovators. the average of 162,000 a year over the pre- event that the debt limit is reached. vious four years. Rejections also hit a high Bennet amendment No. 116, to reduce the U.S. SETS 21ST-CENTURY GOAL: BUILDING A of 258,000—not a measure of quality, Mr. fee amounts paid by small entities request- BETTER PATENT OFFICE Kappos said, but a sign of greater efficiency. ing prioritized examination under Three- (By Edward Wyatt, Feb. 20, 2011) Between the backlog of 700,000 patents Track Examination. WASHINGTON.—President Obama, who em- awaiting their first action by an examiner Bennet amendment No. 117, to establish phasizes American innovation, says modern- and the 500,000 patents that are in process, a additional USPTO satellite offices. izing the federal Patent and Trademark Of- total of 1.2 million applications are pending. Lee amendment No. 115, to express the fice is crucial to ‘‘winning the future.’’ So at Sitting in his suburban Virginia office, not sense of the Senate in support of a balanced a time when a quarter of patent applications far from a model of the light bulb Edison budget amendment to the Constitution. come from California, and many of those presented for patent in November 1879 (which Mr. LEAHY. Madam President, yes- from Silicon Valley, the patent office is was approved two and a half months later), terday the Senate began debating the opening its first satellite office—in Detroit. Mr. Kappos proudly ticked off figures that he America Invents Act. We adopted the That is only one of the signs that have said proved the agency was heading in the committee amendments, and we pro- many critics saying that the office has its right direction. ceeded to have five additional amend- head firmly in the 20th century, if not the The backlog has actually declined about 10 19th. percent from a peak of 770,000 at the end of ments offered to the bill. This morning Only in the last three years has the office 2008. I will be offering a managers’ amend- begun to accept a majority of its applica- ‘‘We were able to work a 13-month year ment, along with the distinguished tions in digital form. Mr. Obama astonished last year,’’ he said, referring to the produc- Senator from Iowa, Mr. GRASSLEY, that a group of technology executives last year tivity increase in 2010 over 2009. ‘‘We are incorporates additional improvements when he described how the office has to print processing a far larger workload with the being made at the suggestions of Sen- some applications filed by computer and same number of examiners.’’ scan them into another, incompatible com- Still, Mr. Kappos wants to add more than ator COBURN, Senator SCHUMER, Sen- puter system. 1,000 examiners in each of the next two ator COONS, Senator BENNET, and oth- ‘‘There is no company I know of that would years, a 30 percent increase. Mr. Obama’s ers. have permitted its information technology 2012 budget calls for a 28 percent increase in When we adopt this managers’ to get into the state we’re in,’’ David J. spending, to $2.7 billion, over 2010. In two amendment, I believe we will move Kappos, who 18 months ago became director consecutive sessions, Congress has defeated a

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1031 bill that would allow the patent office to New York Times included an article on We also incorporate in the managers’ keep all of the fees it collects. While another its front page entitled ‘‘U.S. Sets 21st- amendment an amendment from Sen- similar effort is under way, a big staffing in- Century Goal: Building a Better Patent ator SCHUMER that concerns business crease will not be easy in a climate of cuts. Mr. Kappos, a former electrical engineer Office.’’ method patents. We provide a process and lawyer who joined the patent office in That is what we are trying to do with for their reexamination by the Patent 2009 after 27 years at I.B.M., has improved re- our bill, the bipartisan Leahy-Grass- and Trademark Office. This would also lations with the union representing patent ley-Hatch Patent Reform Act or, as it improve patent quality. examiners. He and the union agreed on per- has become known, the America In- We incorporate suggestions from formance evaluation measures last year, the vents Act. We have to reform our pat- Senator BENNET and Senator COONS to first time in 5o years that the yardsticks had ent office and our patent laws. They remove certain damages and venue pro- been revised. have not been updated for 60 years. We visions that are no longer necessary in ‘‘I give David Kappos a good deal of credit light of recent court decisions. The ad- for seeing where the problems have been and have to help to create good jobs, en- being willing to address them,’’ said Robert courage innovation, and strengthen our ministration noted in its statement D. Budens, president of the union, the Patent economy. that it would not object to the removal Office Professional Association. ‘‘I think it’s The reporter notes the growth in pat- of these provisions. a little early to see the full extent of the ent applications to more than 2,000 a Senator BENNET came forward last changes. But we have seen an increase in mo- day last year. That is not a typo- night with sound amendments that he rale and a decrease in attrition, which is now graphical error—2,000 a day last year. A explained. They are included in this almost the lowest it’s been since I came record 209,000 patents were issued in amendment, along with the change to here’’ in 1990. the definition of a ‘‘microentity’’ made Patent applications come from all over the 2010. But there remains a backlog of United States, and the office has forgone sat- 700,000 patents awaiting initial action at the suggestion of the majority lead- ellite offices—until now. Last year, the of- at the U.S. Patent and Trademark Of- er, and my amendment to conform the fice announced it would put about 100 exam- fice, and another 500,000 being proc- name of the legislation to the America iners in Detroit. Some prominent lawmakers essed. That is 1.2 million applications Invents Act. I hope we adopt this from Michigan have worked on patent issues, in the pipeline. Among them could be amendment without delay. including Representative John Conyers Jr., a the next medical miracle, the next en- I understand there may be Senators Detroit Democrat who, when the decision ergy breakthrough, the next leap in who do not agree with the first-to-file was made, was chairman of the House Judici- reform to update and simplify our sys- ary Committee, which oversees patents. computing ability, the next killer app. Mr. Kappos said he chose Detroit because We should all do what we can to help tem. If they intend to bring an amend- it had large communities of patent lawyers PTO Director Kappos and the dedicated ment, they should do so without delay. and agents, nearby universities and trans- women and men of the PTO to mod- We should be able to complete action portation centers, and relatively low costs of ernize and reform. on this bill today or tomorrow. Then living and real estate. ‘‘Detroit has long been It makes no sense that it takes 2 the Senate can turn its full attention an innovation center,’’ he said. ‘‘It’s under- years for an inventor to get an initial to another important matter, the fund- valued, and that is where we want to invest.’’ ruling on his or her patent application, ing resolution needed to be enacted He said it would also attract a work force this week by Congress. What we should with more varied skills. then another year or more to get the Mr. Kappos is also pushing an initiative patent. not do is delay or sacrifice the job-cre- that would charge patent applicants a higher As New York Times reporter Edward ating potential of this bill to a side de- fee to guarantee that their applications will Wyatt notes: bate about the debt limit or whether receive a ruling within a year. But that ini- The delays and inefficiencies are more we amend the Constitution of the tiative and others are not enough, said Paul than a nuisance for inventors. . . . [P]atent United States. Those are debates I will R. Michel, who recently retired as chief delays cost jobs, slow the economy, and be happy to have in their own right. We judge for the United States Court of Appeals threaten the ability of American companies must not allow other countries around for the Federal Circuit in Washington, the to compete with foreign businesses. the world to have such a competitive main forum for patent appeals. We are not going to be the leader we ‘‘The office can’t be made efficient in 18 advantage because we are too slow in months without a vast increase in finances,’’ are today if we allow that to continue. moving on this bill. said Mr. Michel, who has made evangelizing But the Senate has before it bipartisan The bipartisan American Invents Act for an overhaul of the office a pet cause. legislation that can lead to long-need- is too important to be turned into a ‘‘Small efficiency improvements will only ed improvements in our patent laws mere vehicle to launch speeches and make a small difference in the problem.’’ and system. We should be focused on it debates about pet causes. It is not the Mr. LEAHY. I thank all of those with and moving ahead to pass it without bill to have debates about whether if the administration who worked on the delay. It is a measure that can help fa- the United States were to reach its matter, and particularly Secretary cilitate invention, innovation, and job debt ceiling, the government should Locke, Director Kappos of the Patent creation, and do so in the private sec- favor paying creditors such as China and Trademark Office, and former Sec- tor. This can help everyone from before meeting its other obligations to retary Daley, now Chief of Staff at the startups and small businesses to our the American people. White House. largest cutting-edge companies. That theoretical debate has nothing The statement describes the bill as This is the time for the Senate to to do with the patent reforms in this representing a fair, balanced, and nec- serve the interests of the American bill, and there will be a bill that you essary effort to improve patent qual- people by concentrating on the impor- can have the debate on if you want. In ity. It concludes: ‘‘Senate passage of tant legislation before us. We should fact, this bill is one that does not spend this bill is consistent with the Admin- not be distracted. It is a bipartisan bill. taxpayers’ money or raise the debt one istration’s commitment to support and We should not be diverted into extra- dollar. Accordingly, I will ask the sup- encourage innovation that leads to im- neous issues but focus our debate on port of our lead Republican sponsors proved competitiveness, economic those few amendments that Senators and the bipartisan Senate leadership to prosperity, and job growth—without feel need to be debated to perfect this promptly table extraneous amend- adding a penny to the deficit.’’ bill and which are germane to this bill. ments so we can complete our work on It also notes that transition to a I mentioned in my opening statement this legislation and serve the interests first-to-file system simplifies the proc- the anticipated amendment on fee di- of the American people. ess of acquiring rights and describes it version. I appreciate the efforts of the I have a managers’ amendment. I de- as an ‘‘essential provision [to] reduce Senator from Oklahoma to end patent scribed part of it already. I will send it legal costs, improve fairness, and sup- fee diversion. It is a reform that Sen- to the desk and ask unanimous consent port U.S. innovators seeking to market ator HATCH and I have long supported. that the pending amendments be set their products and services in a global I appreciated him working with me and aside and this be considered. marketplace.’’ withholding his amendment during The ACTING PRESIDENT pro tem- I agree. I believe it should help small committee consideration. So we are in- pore. Without objection, it is so or- and independent inventors. On Presi- corporating his amendment in the dered. dent’s Day, just over a week ago, the managers’ amendment. The clerk will report.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1032 CONGRESSIONAL RECORD — SENATE March 1, 2011 AMENDMENT NO. 121 (Purpose: To require that the Government highly skilled jobs here to replace The assistant legislative clerk read give equal priority to payment of social se- them. These jobs will be founded on as follows: curity benefits and payment of all obliga- American ideas and advancements. tions on the debt held by the public in the In today’s high tech world, however, The Senator from Vermont [Mr. LEAHY], event that the debt limit is reached) for himself, Mr. GRASSLEY and Mr. KYL, pro- the cost of innovation can be high. In At the appropriate place add the following: poses an amendment numbered 121. my home State of Delaware, DuPont (c) PRIORITIZE PAYMENT OF SOCIAL SECU- Mr. LEAHY. I ask unanimous con- RITY BENEFITS.—Notwithstanding subsection invests about $1.3 billion annually in sent that the reading of the amend- (b), in the event that the debt of the United research and development. Nationwide, ment be dispensed with. States Government, as so defined, reaches according to the Organization for Eco- The ACTING PRESIDENT pro tem- the statutory limit, the authority described nomic Cooperation and Development, in subsection (b) and the authority of the U.S. companies invest over $370 billion pore. Without objection, it is so or- Commissioner of Social Security to pay dered. in R&D each year. In the pharma- monthly old-age, survivors’, and disability ceutical industry, which is also impor- (The amendment is printed in today’s insurance benefits under title II of the Social tant to my home State, experts esti- RECORD under ‘‘Text of Amendments.’’) Security Act shall be given equal priority Mr. LEAHY. I ask for agreement on over all other obligations incurred by the mate that each new drug requires an the managers’ amendment. Government of the United States. initial investment of between $800 mil- lion and $2 billion. Madam President, I suggest the ab- Mr. DEMINT. I yield the floor. Innovation is absolutely critical to sence of a quorum. Mr. LEAHY. Mr. President, I ask the continued growth of our Nation. The ACTING PRESIDENT pro tem- unanimous consent that the pending amendment now be set aside and that Our Founding Fathers recognized pore. The clerk will call the roll. that investment in innovation will not The assistant legislative clerk pro- the managers’ amendment be the pend- ing amendment. occur without a system of patent ceeded to call the roll. rights to allow inventors to reap the The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without objection, it is so ordered. fruits of their labor, and they placed TESTER.) The Senator from South Mr. LEAHY. I suggest the absence of with the Congress the authority to pro- Carolina. a quorum. vide for the issuance of patent rights. Mr. DEMINT. Mr. President, I ask The PRESIDING OFFICER. The Article 1, section 8, clause 8 states unanimous consent that the order for clerk will call the roll. that Congress shall have the power: the quorum call be rescinded. The assistant legislative clerk pro- To promote the Progress of Science and The PRESIDING OFFICER. Without ceeded to call the roll. useful Arts, by securing for limited Times to objection—— Mr. COONS. Mr. President, I ask Authors and Inventors the exclusive Right to Mr. LEAHY. Reserving the right to unanimous consent that the order for their respective Writings and Discoveries. object—I would ask if the distinguished the quorum call be rescinded. However complicated applied Senator could hold off—— The PRESIDING OFFICER. Without sciences were in 1836, when Congress The PRESIDING OFFICER. The Sen- objection, it is so ordered. established the forerunner to the U.S. ator cannot reserve. Mr. COONS. Mr. President, I rise Patent and Trademark Office, they are Mr. LEAHY. I suggest the absence of today to speak to the America Invents infinitely more complicated today. a quorum. Act. To put it simply, this bill, the Never has PTO been more central to The PRESIDING OFFICER. The America Invents Act, is about creating ensuring that the system of nationwide clerk will call the roll. jobs. It is about protecting and pro- patents contemplated by our Founding The assistant legislative clerk pro- moting American ingenuity and giving Fathers is possible today. PTO must ceeded to call the roll. American ideas the opportunity to be- have clear, objective guidelines that Mr. LEAHY. I ask unanimous con- come American products. The America enable an applicant to predict whether sent that the order for the quorum call Invents Act is about restoring Amer- his or her application will be approved. be rescinded. ican competitiveness and leadership in That application process must move The PRESIDING OFFICER. Without our global economy. expeditiously. At the end of that proc- objection, it is so ordered. America has been at the forefront of ess, when PTO issues a patent, the in- Mr. LEAHY. Madam President, I un- global innovation throughout our Na- ventor and the industry must have con- derstand Senator DEMINT will be offer- tion’s great history. We invented the fidence that the patent is of good qual- ing an amendment in the first degree lightning rod, the cotton gin, the me- ity and will provide good defense which will require setting aside the chanical reaper and thresher. Thomas against future challenges. managers’ amendment. My under- Edison, perhaps the most noted Amer- In recent years, however, PTO has standing is, once he has done that, we ican inventer, invented the electric fallen short of these objectives. Today, will then set aside his amendment and light, electric power transmission, the a patent applicant must wait over 2 go back to the managers’ amendment. motion picture camera, the phono- years before an examiner first picks up I yield to the distinguished Senator. graph, and x-ray photography. The that application. Two years. At this The PRESIDING OFFICER. The Sen- transistor, carbon fiber, GPS, Kevlar, moment, more than 700,000 applications ator from South Carolina. recombinant DNA, the personal com- simply sit at PTO awaiting consider- ation. Each one of those applications AMENDMENT NO. 113, AS MODIFIED puter, and the Internet are all Amer- ican inventions as well. Even more re- represents an idea that could create a Mr. DEMINT. Mr. President, I ask cently, American companies have in- job or 10 jobs or 100 or 1,000. If you file unanimous consent that the pending vented the iPod and the iPhone and the a patent application at PTO today, you amendment be set aside so I can call up Segway. can expect to wait just over 31⁄2 years amendment No. 113, as modified. Inventors in Delaware and across for an initial disposition. Should PTO The PRESIDING OFFICER. Without America are right now working on crit- make an error in their examination, it objection, it is so ordered. ical advances in wind turbines, fuel cell would take about 3 more years to ap- The clerk will report. technology, and electric cars. These peal it. The assistant legislative clerk read technical innovations and so many oth- In a world in which startup compa- as follows: ers have improved our standard of liv- nies depend on patents to secure ven- The Senator from South Carolina [Mr. ing and spurred job growth, giving rise ture capital and other funding, these DEMINT], for Mr. VITTER, proposes an to entire industries that would not times are just too long. While PTO Di- amendment numbered 113, as modified. have been possible without the ad- rector Kappos has achieved some suc- Mr. DEMINT. Mr. President, I ask vancements of applied science. cess and has begun to right the ship at unanimous consent that the reading of I believe innovation will be key to re- PTO, he simply cannot accomplish ac- the amendment be dispensed with. igniting the American manufacturing ceptable reform without our action. The PRESIDING OFFICER. Without sector as well. The America Invents Act takes a objection, it is so ordered. As low-skilled jobs have moved off- number of steps to improve the effi- The amendment is as follows: shore, the only solution is to create ciency with which this country handles

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1033 patents, all of them designed to make PTO by leveraging the knowledge of The United States faces rivals growing the U.S. more competitive in the glob- outside parties. This bill permits third in strength and number, which is why al economy. parties to provide submissions regard- our government should be encouraging First, the America Invents Act will ing prior art before a patent is issued, innovation, not stifling it. give PTO the tools it needs to address enhancing the ability of examiners to The America Invents Act will create the unacceptably long backlog of pat- determine whether an application is for jobs in Delaware and throughout the ent applications. In February 2009, de- a truly innovative idea worthy of the United States by removing some of the spite an increasing need for qualified protection of a patent. administrative roadblocks currently patent examiners, PTO instituted a The bill takes another step toward preventing inventors from becoming hiring freeze. PTO is a user-fee sup- improving patent quality by changing successful entrepreneurs. This bill will ported organization and so it should be the way the issuance of patents can be improve the speed, quality and reli- able to pass through the costs of staff- challenged. The America Invents Act ability of the Patent and Trademark ing needs to patent applicants. This introduces a 9-month post-grant review Office and it will ensure that America bill would finally give the PTO the au- process during which third parties can retains its place in the world as the thority to set its own fees rather than challenge a patent on any grounds. leader of invention and innovative having to wait for an act of Congress to When you combine the new pre- thinking. do so. issuance submission process and the I yield the floor and suggest the ab- Another source of the backlog is the new post-grant review process, what sence of a quorum. issue of patent fee diversion. Currently, you get is a more rigorous and more The PRESIDING OFFICER. The the fees paid by applicants for the pur- thorough vetting of patent applica- clerk will call the roll. pose of funding the costs of patent ex- tions. The bill clerk proceeded to call the amination can be diverted away from We will get stronger, higher quality roll. PTO to the Treasury without justifica- patents because of the America Invents Mr. KIRK. Mr. President, I ask unan- tion. Patent fee diversion cripples the Act. imous consent that the order for the ability of PTO to do its job and is es- Chairman LEAHY, along with his Re- quorum call be rescinded. sentially a tax on innovation. In the publican cosponsors Senators HATCH, The PRESIDING OFFICER. Without past 20 years, more than $800 million KYL and SESSIONS, deserve enormous objection, it is so ordered. credit for the bill that was reported have been diverted from PTO and AMENDMENT NO. 123 though in recent years almost no unanimously by the Judiciary com- Mr. KIRK. Mr. President, I ask unan- money has been diverted thanks to the mittee just 4 weeks ago. The America imous consent to set aside the pending determined leadership of my colleague, Invents Act reflects years of hard- amendment and call up the Kirk-Pryor fought negotiations between the af- Senator MIKULSKI, PTO funding should amendment No. 123. never depend on shifting political for- fected stakeholders. The PRESIDING OFFICER. Is there At a time when bipartisanship is too tunes. Even in times of political favor, objection? frequently a platitude than actual the mere possibility of fee diversion is Mr. LEAHY. Mr. President, reserving process, it should be noted that the harmful because it robs PTO of the the right to object, and I do not intend America Invents Act shares wide bipar- ability to plan with confidence that a to object, my understanding is the Sen- tisan support. Senators from both par- ator from Illinois will offer his amend- varying workload will be matched by ties worked together on the bill we ment and then will not object to his funding. consider today, and both sides of the This bill does not currently address amendment then being set aside and we aisle should be proud of what we ac- the issue of patent fee diversion, but go back to the managers’ amendment; complished. that is something that I and others are I applaud Leaders REID and MCCON- is that correct? working to change. Ending fee diver- Mr. KIRK. That is correct. NELL for their commitment to the open sion is perhaps the single most effec- amendment process. Despite the broad Mr. LEAHY. I will not object. tive thing that we can do to empower agreements that have been reached so The PRESIDING OFFICER. Without PTO to reduce the patent backlog over far, the Senate can and should consider objection, it is so ordered. The clerk the long term. That is why I look for- suggestions to change the bill. I know will report. The bill clerk read as follows: ward to supporting Dr. COBURN’s that I will support Dr. COBURN’S amendment, which would ensure that amendment on fee diversion. I also The Senator from Illinois [Mr. KIRK], for PTO has access to the fees that it hope that the Senate will accept an himself and Mr. PRYOR, proposes an amend- ment numbered 123. charges, subject to continuing congres- amendment that I have filed which sional oversight, of course. would remove the section of the bill Mr. KIRK. Mr. President, I ask unan- The second thing the America In- dealing with venue. imous consent that the reading of the vents Act does to make the United While venue-shopping is a serious amendment be dispensed with. States more competitive is to improve problem, the current language in the The PRESIDING OFFICER. Without the predictability and accuracy of the bill risks stunting the development of objection, it is so ordered. patent examination process. By case law, which has begun to address The amendment is as follows: transitioning to a ‘‘first to file’’ sys- the problem of plaintiffs’ manufac- (Purpose: To provide a fast lane for small tem, this bill brings the U.S. into line turing venue in districts that have a businesses within the U.S. Patent and with the rest of the world. Under ‘‘first reputation of being hospitable for pat- Trademark Office to receive information and support regarding patent filing issues) to file,’’ PTO’s task of determining the ent suits. In fact, companies such as priority of a patent application will be Oracle and HP, while they initially On page 104, between lines 22 and 23, insert the following: more straightforward because patent supported legislative reform of venue, priority will depend on objective, pub- SEC. 18. PATENT OMBUDSMAN PROGRAM FOR now fear that this provision will do SMALL BUSINESS CONCERNS. lic facts, rather than on secret files. To more harm than good. I look forward Subject to available resources, the Direc- smaller inventors who are concerned to debating all of these amendments in tor may establish in the United States Pat- that ‘‘first to file’’ will allow large the future. ent and Trademark Office a Patent Ombuds- companies to beat them out in a race Let me conclude my remarks on S. 23 man Program. The duties of the Program’s to the patent office, this bill contains by renewing my call to my fellow Sen- staff shall include providing support and important protections for all inven- ators to carefully consider and support services relating to patent filings to small tors. Even under ‘‘first to file,’’ an in- this legislation. The America Invents business concerns. ventor’s patent priority is protected Act is complicated and the subject Mr. KIRK. Mr. President, the Kirk- for a year if he or she is the first to matter may seem daunting, but I be- Pryor amendment seeks to assist some publicly disclose an invention. lieve it is critical to protecting Amer- of our greatest innovators by providing Not only does the America Invents ican innovation and defending Amer- a fast lane within the U.S. Patent and Act make the patent process fairer to ican competitiveness. Trademark Office for small businesses inventors, but it will actually improve The playing field for economic inno- to receive information and assistance the quality of patents issued by the vation has never been more crowded. regarding their patent applications.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1034 CONGRESSIONAL RECORD — SENATE March 1, 2011 Small businesses are the economic I ask unanimous consent that we set the life sciences, all across the Com- engine of the American economy. Ac- aside the Kirk-Pryor amendment and monwealth, especially in greater Phila- cording to the Small Business Adminis- go back to the pending business, which delphia and greater Pittsburgh as well tration, small businesses employ just is the managers’ amendment. as in points in between. The medical over half of all private sector employ- The PRESIDING OFFICER. Without device sector and pharmaceutical in- ees and create over 50 percent of our objection, it is so ordered. dustries are offering some of the most nonfarm GDP. Illinois alone is home to Mr. LEAHY. Mr. President, I under- exciting opportunities for economic 258,000 small employers and more than stand there will be another Senator growth anywhere in the Common- 885,000 self-employers. who will come down and speak, and in wealth. Small businesses are helping to lead the meantime I suggest the absence of So when I think about the diversity the way on American innovation. a quorum. and the strength of our Common- These firms produce 13 times more pat- The PRESIDING OFFICER. The wealth, I am convinced that Penn- ents per employee than large patenting clerk will call the roll. sylvania’s best days are ahead of us. firms, and their patents are twice as The bill clerk proceeded to call the likely to be among the most cited roll. That said, despite all of the under- among all patents. Small business Mr. LEAHY. Mr. President, I ask lying strengths and advantages we breakthroughs led to the development unanimous consent that the order for have, we have an economy that is of airplanes, FM radio, and the per- the quorum call be rescinded. struggling. We have job creation that sonal computer. Unfortunately, the The PRESIDING OFFICER. Without is far too slow. As I said repeatedly share of small-entity patents is declin- objection, it is so ordered. throughout my campaign for the Sen- ing, according to a New York Univer- Mr. LEAHY. Mr. President, I ask ate seat and as I have said since then, sity researcher. unanimous consent that the distin- I think there are two vital priorities While S. 23 takes great strides in re- guished Senator from Michigan, Ms. that we need to focus on first and fore- forming our patent system, it can still STABENOW, be recognized as though in most here in Washington. The first is be daunting for a small business owner morning business. economic growth and the job creation or inventor to obtain a patent. In many The PRESIDING OFFICER. Without that comes with it, and the second is instances, the value of a patent is what objection, it is so ordered. restoring fiscal discipline to a govern- keeps that new small business afloat. The Senator from Michigan. ment that has lost all sense of fiscal It is vital for America’s future com- (The remarks of Ms. STABENOW are discipline. These two, of course, are petitiveness, her economic growth, and printed in today’s RECORD under closely related. We will never have the her job creation that these innovators ‘‘Morning Business.’’) kind of job growth we need and we de- spend their time developing new prod- serve until we get our fiscal house in f ucts and processes that will build our order. future, not wading through govern- RECESS But I look at them as separate issues. ment redtape. Our amendment would The PRESIDING OFFICER. Under I think they should be at the top of our help small firms navigate the bureauc- the previous order, the Senate stands priority list. I am absolutely convinced racy by establishing the U.S. Patent in recess until 2:15 p.m. we can have terrific economic growth, and Trademark Office Ombudsman Thereupon, the Senate, at 12:34 p.m., terrific job growth. We can have the Program to assist small businesses recessed until 2:15 p.m. and reassem- prosperity we have been looking for. with their patent filing issues. The pro- bled when called to order by the Pre- vision was first conceived as part of the In fact, it is actually inevitable if the siding Officer (Mr. WEBB). Small Business Bill of Rights, which I Federal Government follows the right introduced in the House, to expand em- f policies, remembering first and fore- ployment and help small businesses PATENT REFORM ACT OF 2011— most that prosperity comes from the grow. The Small Business Bill of Continued private sector, it does not come from Rights and this amendment are en- The PRESIDING OFFICER. The Sen- government itself, but that govern- dorsed by the National Federation of ator from Pennsylvania. ment creates an environment in which Independent Business. I am proud to Mr. TOOMEY. Mr. President, it is a the private sector can thrive and cre- have this as part of a 10-point plan to great privilege and honor for me to be ate the jobs we so badly need. I would be considered here in the Senate. able to represent the big, wonderful, di- argue that the government does that I wish to thank Senator MARK PRYOR verse Commonwealth of Pennsylvania by doing four things and doing them of Arkansas, who is the lead Demo- in the Senate. Pennsylvania is a won- well. cratic cosponsor of this amendment. He derful State. It has a terrific range of The first is to make sure we have a is a strong and consistent supporter of great attributes. It has big, bustling legal system that respects property small business, and I appreciate his cities such as Philadelphia and Pitts- rights, because the clear title and own- partnership on this important pro- burgh at opposite ends; has all ership and ability to use private prop- gram. I also thank Chairman LEAHY throughout the Commonwealth beau- erty is the cornerstone of a free enter- and Ranking Member GRASSLEY and tiful, historical boroughs such as Em- prise system. their staffs for working with us on this amendment and for preserving this maus and Gettysburg. We go from the It requires, second, that the govern- critical legislation. banks of the Delaware all the way to ment establish sensible regulations Our Founding Fathers recognized the the shores of Lake Erie. that are not excessive, because exces- importance of a strong patent system In a State this big, of course, we have sive regulation—and frankly we have that protects and incentivizes innova- a wide range of very vital industries. seen a lot of excessive regulation re- tors. I look forward to supporting S. 23, We have old industries that we have cently—too much regulation always which will provide strong intellectual had for a long time and are still very has unintended consequences that curb property rights to further our techno- important employers: agriculture, our ability to create the jobs we need. coal, steel, and many others. We are a logical advancement. A third thing a government always big manufacturing State, manufac- In sum, we should help foster innova- needs to do is provide a stable cur- turing goods of all kinds. We have a tion by protecting innovators, espe- rency, sound money, because debasing huge service sector, especially in the cially small business men and women, one’s currency is the way to ruin, not fields of education, medicine, finance, and I urge adoption of the amendment. the way to prosperity. Mr. President, I yield the floor. tourism, and many others. We have The PRESIDING OFFICER. The Sen- some relatively new and very exciting Fourth, governments need to live ator from Vermont. industries in our Commonwealth that I within their means. They cannot be AMENDMENT NO. 121 am very hopeful will lead to an accel- spending too much money and they Mr. LEAHY. Mr. President, I thank eration of job growth soon. I am think- cannot have taxes at too high a level. the Senator from Illinois for his con- ing in particular of the natural gas and It is so important that government tribution to this effort. the Marcellus shale. I am thinking of spending remain limited and, frankly,

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1035 much less than we have today, for sev- their income and making up for the dif- introduced legislation that would eral reasons. One, of course, govern- ference by running up to the limit on clearly take that risk off the table en- ment spending is the political alloca- their credit cards. When this family tirely. My bill is called the Full Faith tion of capital rather than the alloca- reaches the limit on all of the credit and Credit Act. It simply says, in the tion of free people and a free economy. cards they have, who thinks it is a event we reach the debt limit without The political allocation is always less good idea to give them another credit having raised it, it instructs the Treas- efficient than that of men and women card? ury to make sure the debt service is engaging in free enterprise. I think most folks in Pennsylvania the top priority. This guarantees that Secondly, the reason too much spend- think it is probably time to reexamine we would not default on our Treas- ing is problematic is because it ulti- the spending and look at the real prob- uries, we would not create a financial mately always has to be paid for with lem that has gotten the family in this crisis of any kind, and maybe, more higher taxes. Higher taxes clearly im- situation. I think that is where we are importantly, it would be a great reas- pede economic growth and prevent job as a government. I think we need to surance to the millions of Americans creation. They do that in many ways, fundamentally reexamine the spending who have lent this government their not the least of which is diminishing we have been engaged in. money, the millions of Americans who the incentives to make investments, to I will say clearly, I think failure to hold Treasury bonds in their IRAs, take risks, to launch new enterprises, raise the debt limit promptly upon their 401(k)s, their pension plans. to hire new workers. reaching it is not optimal and it would The retirees who live in Allentown, I would argue that of these four pri- be very disruptive. I hope that does not PA, who have lived modestly, saved orities, the government is not doing come to pass. But I happen to think money, and with their retirement sav- such a great job. The failure is most the most irresponsible thing we could ings have invested in the U.S. Treas- egregious when it comes to the level of do is simply raise this debt limit and ury, I think those folks deserve the spending that has recently developed in run up even more debt without making peace of mind of knowing that the first this town. The recent surge in spending changes to the problems that got us priority is going to make sure we amounts to about a 25-percent increase into this fix. honor the obligations and stay current in the size of the government virtually Specifically what I think we need to on our debts. overnight. do is have real cuts in spending—now, I want to take a moment to thank The government is now spending— not later, not at some distant hypo- Senator VITTER, because yesterday he this Federal Government alone—fully thetical point in time in the future but came down to the floor and introduced 25 percent of our entire economic out- now. That is one. my legislation as an amendment to the put. Frankly, this huge surge in spend- Second, I think we need real reform current patent reform bill. I hope we ing has not worked. The unemploy- in the spending process, reform in the will be able to soon pass my amend- ment rate has stayed near to 10 per- way Congress goes about its business, ment. I hope we will soon get to a vote cent, our deficits are now over $11⁄2 tril- because the process is part of what has here on the Senate floor. The real rea- lion in a single year. That is more than gotten us here. son is, I want to remove this false spec- 10 percent of our entire economy. I wish to see a balanced budget ter of a default on our debt, so we can Of course, when you run annual defi- amendment, one with real teeth, one have an honest debate over how we are cits where you are spending more than that requires our books to be balanced, going to get spending under control— you bring in, that shortfall is made up one that limits the total spending to a what kind of spending cuts we are for with new borrowings. So we have reasonable percentage of our economy, going to have right now, and what kind been adding to our debt at what I think and one that makes it harder to raise of reforms we are going to make to the is an alarming pace. I would argue that taxes. I think that would be a very process going forward. this mounting debt is already today good development. But that will take I do not think we can kick this can costing us job growth. It is costing us several years, at best, if we can get down the road anymore. We have been jobs because it creates a tremendous that implemented. Of course, all of the doing that for a long time. As I said uncertainty in our economic future States have to agree. earlier, it never ends well when govern- when we are not on a sustainable fiscal In the meantime, I would hope we ments continue taking on too much path. That uncertainty itself discour- could have statutory spending caps, debt. Nobody here that I know wants to ages entrepreneurs and job creators limits to how much the Federal Gov- see a government shutdown. Nobody from doing the kinds of things we need. ernment can spend, and a mechanism wants to see the disruption that would The risks are very real. History is re- that would redress the problem if for come from failing to raise the debt plete with examples of countries that some reason we exceeded those limits. limit at some point. But nor can we have accumulated too much debt. As we have had this debate over proceed with business as usual. Frankly, it never ends well. Very often whether we should attach these condi- All across Pennsylvania I hear every it leads to very high rates of inflation. tions to raising the debt limit, some day when I am back home how impor- It can lead to much higher interest have suggested this is a very dangerous tant it is that this government learn to rates, which can have a crippling effect discussion to have, because failure to live within its means as Pennsylvania on job growth. It can even lead to fi- immediately raise the debt limit, some businesses and families have done. nancial disruptions which can be very have suggested, amounts to a default Let me close by saying I still remain harmful, as we have recently seen. on our Treasury securities, on the bor- absolutely convinced we can have a With the recent acceleration in the rowings we have already incurred. terrific economic recovery. We can size of our deficits and the increase in That is not true. I think it is irre- have a booming economic growth and our debts, we are now rapidly closing sponsible to suggest that. The fact is the tremendous job creation that goes in on the statutory limit to the the ongoing revenue from taxes that with it. It is overdue, but it can still amount of money that the Federal will be collected whether or not we im- arrive if we pass the kind of policies Government is permitted to borrow mediately raise the debt limit—the on- that create the right environment. under law. That is an amount of over going revenue is more than 10 times all I am convinced the 21st century will $14 trillion, but the truth is we are rap- the money needed to stay current on be another great American century and idly closing in on that limit. We will our debt service. In fact, in the last 20 Pennsylvania will be at the forefront. get there fairly soon. years, there have been four occasions I yield the floor. The administration has suggested when we have reached the debt limit The PRESIDING OFFICER. The Re- that we ought to, here in Congress, without immediately raising it, and we publican leader. vote to raise that limit with no condi- never defaulted on our debt. This coun- Mr. MCCONNELL. Mr. President, I tions attached. I have to tell you I try never will. So I do not think we want to extend my congratulations to think it is a very bad idea. This brings should have a discussion about some- the Senator from Pennsylvania for his to mind the case of a family that is thing that is not going to happen. But initial speech, including his comments routinely living beyond their means. since some in the administration have about his important amendment, which They routinely are spending more than raised the specter of a default, I have is actually pending to the patent bill

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1036 CONGRESSIONAL RECORD — SENATE March 1, 2011 which hopefully we will have an oppor- vented products, and got patents which Our Nation can’t afford to slow inno- tunity to vote on in the very near fu- were protected. People weren’t copying vation anymore. While China is invest- ture. their products, and they were able to ing billions in its medical technology I yield the floor. grow and produce jobs in our country. sector, we are still bickering about reg- Mr. ALEXANDER. Mr. President, I Having a patent system that works ulations. While India encourages inven- suggest the absence of a quorum. for small business is particularly crit- tion and entrepreneurship, we are still The PRESIDING OFFICER. The ical to creating jobs in America. But giving our innovators the runaround, clerk will call the roll. our patent laws haven’t had a major playing a game of red light/green light The assistant bill clerk proceeded to update since 1952. The system is out- with the R&D tax credit. call the roll. dated and has become a burden on our America can no longer afford to be a Mr. LEAHY. Mr. President, I ask innovators and entrepreneurs. Because country that churns money and shuf- unanimous consent that the order for of these outdated laws, the Patent and fles paper, a country that consumes, the quorum call be rescinded. Trademark Office faces a backlog of imports, and spends its way through The PRESIDING OFFICER. Without over 700,000 patent applications and too huge trade deficits. We need to be a na- objection, it is so ordered. often issues low-quality patents. One of tion that makes things again, that in- Mr. LEAHY. Mr. President, I am soon these 700,000 patents may be the next vents stuff, that exports to the world, a going to ask for a vote on the Leahy- implantable pacemaker or new therapy country where you can walk into any Grassley-Kyl managers’ amendment. It for fighting cancer, but it just sits in store on any street in any neighbor- resolves a number of issues in the bill, that backlog. hood, purchase the best goods, and be including fee diversion and business Our current system also seems able to turn it over and see the words method patents damages, venue issues. stacked against small entrepreneurs. I ‘‘Made in the USA.’’ Senators COBURN, SCHUMER, BENNET, have spoken to small business owners In the words of New York Times col- WHITEHOUSE, COONS, and others worked and entrepreneurs across our State of umnist and Minnesota native Tom with us on those issues. I would like to Minnesota who are concerned with the Friedman, we need to be focusing on vote on that and then go to the amend- high cost and uncertainty of protecting ‘‘nation building in our own Nation.’’ ment offered yesterday by Senator their inventions. For example, under Well, as innovators and entrepreneurs BENNET on satellite patent offices, with the current system, when two patents across Minnesota have told me, our a modification, as well as the modified are filed around the same time for the country needs to spawn more of them. amendment offered by Senator KIRK same invention, the applicants must go The America Invents Act would do just and Senator PRYOR on ombudsman. If through an arduous and expensive that. we can do that, we can get much of this process called an interference to deter- First, the American Invents Act in- finished. But while I am waiting for mine which applicant will be awarded creases the speed and certainty of the the—just so everybody will know, I am the patent. Small inventors rarely, if patent application process by going to ask for a vote on that very ever, win interference proceedings be- transitioning our patent system from a soon. But I am waiting for the ranking cause the rules for interference are first-to-invent system to a first-inven- tor-to-file system. This change to a member to come back. often stacked in favor of companies I see the distinguished senior Senator with deep pockets. This needs to first-inventor-to-file system will in- from Minnesota, and I yield to her. change. crease predictability by creating Ms. KLOBUCHAR. Mr. President, Our current patent system also ig- brighter lines to guide patent appli- nores the realities of the information cants and Patent Office examiners. By first, I commend Chairman LEAHY and age in which we live. the entire Judiciary Committee for simply using the filing date of an appli- In 1952, back when the patent bill cation to determine the true inventor, their work on this bill. The chairman came about, the world wasn’t as inter- the bill increases the speed of the pat- has endured so many ups and downs connected as it is today. There was no ent application process, while reward- and different versions, and we would Internet. People didn’t share informa- ing novel, cutting-edge innovations. not be here today if not for him. tion the way they do in this modern To help guide investors and inven- I rise to speak in support of the age. They had party telephone lines tors, this bill allows them to search the America Invents Act, a bill to overhaul then. In 1952, most publicly available public record to discover with more our patent system, which plays such a information about technology could be certainty whether their idea is patent- critical role in our economy. It is one found in either patents or scientific able, helping eliminate duplication and of the main reasons America has been publications. So patent examiners only streamlining the system. At the same able to maintain its competitive edge. had to look to a few sources to deter- time, the bill still provides a safe har- The Commerce Department esti- mine if the technology described in a bor of a year for inventors to go out mates that up to 75 percent of the eco- patent application was both novel and and market their inventions before nomic growth in our Nation since nonobvious. having to file for their patents. This World War II is due to technological in- Today, as we all know, there is a vast grace period is one of the reasons our novation—innovation made possible by amount of information readily avail- Nation’s top research universities, such a patent system that protects the able everywhere you look. as the University of Minnesota, sup- rights to that innovation. It is unrealistic to believe a patent port this bill. The grace period protects I have seen the importance and suc- examiner would know all of the places professors who discuss their inventions cess of the patent system firsthand in to look for this information, and even with colleagues or publish them in Minnesota, which has brought the if the examiner knew where to look, it journals before filing their patent ap- world everything from the pacemaker is unlikely he or she would have the plication. The grace period will encour- to the Post-it note. In Minnesota, we time to search all of these nooks and age cross-pollination of ideas and know how important the patent system crannies. The people who know where eliminate concerns about discussing in- is to our economy. We rank sixth in to look are the other scientists and ventions with others before a patent the Nation in patents per capita and innovators who also work in the field. application is actually filed. have the second highest number of But current law doesn’t allow partici- Moreover, this legislation helps to medical device patents over the last 5 pation by third parties in the patent ensure that only true inventions re- years. Companies such as 3M, Ecolab, application process despite the fact ceive protection under our laws. By al- and Medtronic are well-known leaders that third parties are often in the best lowing third parties to provide infor- in innovation, but Minnesota also sup- position to challenge a patent applica- mation to the patent examiner, the ports innovative small businesses such tion. Without the benefit of this out- America Invents Act helps bridge the as NVE Corporation and Arizant side expertise, an examiner might information gap between the patent ap- Healthcare. We are now first per cap- grant a patent for technology that sim- plication and existing knowledge. ita, in fact, for Fortune 500 companies ply isn’t a true invention—it is simply The legislation also provides a mod- in our State, and that is in large part not an actual invention—and these ernized, streamlined mechanism for because of innovation. So many of low-quality patents clog the system third parties who want to challenge re- these companies started small, in- and hinder true innovation. cently issued, low-quality patents that

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Eliminating these poten- insert the following: ‘‘(j)’’. tially trivial patents will help the en- ‘‘(b) PRELIMINARY INJUNCTIONS.—If a civil On page 91, between lines 14 and 15, insert the following: tire patent system by improving cer- action alleging infringement of a patent is filed within 3 months of the grant of the pat- (b) NO PROVISION OF FACILITIES AUTHOR- tainty for both users and inventors. ent, the court may not stay its consideration IZED.—The repeal made by the amendment in The legislation will also improve the of the patent owner’s motion for a prelimi- subsection (a)(1) shall not be construed to patent system by granting the U.S. nary injunction against infringement of the authorize the provision of any court facili- Patent and Trademark Office the au- patent on the basis that a petition for post- ties or administrative support services out- thority to set and adjust its own fees. grant review has been filed or that such a side of the District of Columbia. Allowing the Office to set its own fees proceeding has been instituted.’’. On page 91, line 15, strike ‘‘(b)’’ and insert will give it the resources to reduce the On page 59, strike lines 13 through 19. ‘‘(c)’’. On page 91, line 23, strike ‘‘under either current backlog and devote greater re- On page 59, line 20, strike ‘‘(g)’’ and insert ‘‘(f)’’. subsection’’ and all that follows through sources to each patent that is reviewed On page 65, line 21, strike ‘‘18 months’’ and ‘‘shall certify’’ on page 92, line 2. to ensure higher quality patents. insert ‘‘1 year’’. On page 92, line 7, before the semicolon in- The fee-setting authority is why On page 66, line 3, strike ‘‘18 months’’ and sert the following: ‘‘, not including applica- IBM, one of the most innovative com- insert ‘‘1 year’’. tions filed in another country, provisional panies around—by the way, the host of On page 66, lines 4 and 5, strike ‘‘and shall applications under section 111(b), or inter- the ‘‘Jeopardy’’-winning Watson—well, apply only to patents issued on or after that national applications filed under the treaty the IBM facility there that actually de- date.’’ and insert ‘‘and, except as provided in defined in section 351(a) for which the basic section 18 and in paragraph (3), shall apply national fee under section 41(a) was not veloped Watson was in Rochester, MN. only to patents that are described in section paid’’. In fact, IBM, which has its facilities in 2(o)(1).’’. On page 92, between lines 7 and 8, insert Rochester and the Twin Cities, as well On page 66, line 8, after the period insert the following: as many other places in this country, the following: ‘‘During the 4 year period fol- ‘‘(3) did not in the prior calendar year have was granted a record 5,896 patents in lowing the effective date of subsections (a) a gross income, as defined in section 61(a) of 2010. IBM supports this bill. It allows and (d), the Director may, in his discretion, the Internal Revenue Code (26 U.S.C. 61(a)), the Patent Office to set its own fees continue to apply the provisions of chapter exceeding 3 times the most recently reported and run itself like a business, and that 31 of title 35, United States Code, as amended median household income, as reported by the by paragraph (3), as if subsection (a) had not Bureau of Census; and’’. is good for companies such as IBM, as been enacted to such proceedings instituted On page 92, strike lines 8 through 25. well as for small entrepreneurs. under section 314 (as amended by subsection On page 93, line 1, strike ‘‘(3) has not as- Mr. President, as chair of the Sub- (a)) or under section 324 as are instituted signed, granted, conveyed, or is’’ and insert committee on Competitiveness, Inno- only on the basis of prior art consisting of ‘‘(4) has not assigned, granted, conveyed, and vation, and Export Promotion, I have patents and printed publications.’’. is not’’. been focused on ways to promote inno- On page 69, line 2, strike ‘‘18 months’’ and On page 93, lines 4 and 5, strike ‘‘has 5 or vation and growth in the 21st century. insert ‘‘1 year’’. fewer employees and that such entity has’’ and insert ‘‘had’’. Stakeholders from across the spectrum On page 69, line 14, strike ‘‘18 months’’ and insert ‘‘1 year’’. On page 93, line 7, strike ‘‘that does’’ and agree that this bill is a necessary step On page 74, line 22, strike ‘‘18 months’’ and all that follows through line 11, and insert to ensure that the United States re- insert ‘‘1 year’’. the following: ‘‘exceeding 3 times the most mains a world leader in developing in- On page 75, line 16, strike ‘‘18 months’’ and recently reported median household income, novative products that bring pros- insert ‘‘1 year’’. as reported by the Bureau of the Census, in perity and happiness to those in our On page 75, line 22, strike ‘‘18 months’’ and the calendar year preceding the calendar country. Globalization and techno- insert ‘‘1 year’’. year in which the fee is being paid, other logical advancement have changed our On page 76, line 5, strike ‘‘18 months’’ and than an entity of higher education where the insert ‘‘1 year’’. applicant is not an employee, a relative of an economy. This legislation will ensure On page 77, strike line 23 and all that fol- employee, or have any affiliation with the that our patent system truly rewards lows through page 78, line 6. entity of higher education.’’. innovation in the 21st century. Our On page 78, line 7, strike ‘‘(b)’’ and insert On page 93, strike lines 12 through 17, and patent system has to be as sophisti- ‘‘(a)’’. insert the following: cated as those who are inventing these On page 78, line 20, strike ‘‘(c)’’ and insert ‘‘(b) APPLICATIONS RESULTING FROM PRIOR products and those who at times are ‘‘(b)’’. EMPLOYMENT.—An applicant is not consid- trying to steal their ideas. That is On page 79, strike lines 1 through 17, and ered to be named on a previously filed appli- insert the following: cation for purposes of subsection (a)(2) if the what this is about. (1) IN GENERAL.—The Director shall have applicant has assigned, or is under an obliga- I yield the floor. authority to set or adjust by rule any fee es- tion by contract or law to assign, all owner- The PRESIDING OFFICER. The Sen- tablished, authorized, or charged under title ship rights in the application as the result of ator from Vermont is recognized. 35, United States Code, and the Trademark the applicant’s previous employment. AMENDMENT NO. 121, AS MODIFIED Act of 1946 (15 U.S.C. 1051 et seq.), notwith- ‘‘(c) FOREIGN CURRENCY EXCHANGE RATE.— Mr. LEAHY. Mr. President, we have standing the fee amounts established, au- If an applicant’s or entity’s gross income in the Leahy-Grassley managers’ amend- thorized, or charged thereunder, for all serv- the preceding year is not in United States ment at the desk. I have a modification ices performed by or materials furnished by, dollars, the average currency exchange rate, the Office, provided that patent and trade- to it. I ask that the amendment be so as reported by the Internal Revenue Service, mark fee amounts are in the aggregate set to during the preceding year shall be used to modified. recover the estimated cost to the Office for determine whether the applicant’s or enti- The PRESIDING OFFICER. The processing, activities, services, and mate- ty’s gross income exceeds the threshold spec- amendment will be so modified. rials relating to patents and trademarks, re- ified in paragraphs (3) or (4) of subsection The amendment, as modified, is as spectively, including proportionate shares of (a).’’. follows: the administrative costs of the Office. On page 94, between lines 18 and 19, insert On page 1, strike line 5, and insert the fol- On page 79, lines 19–21, strike ‘‘filing, proc- the following: lowing: ‘‘ ‘America Invents Act’ ’’. essing, issuing, and maintaining patent ap- (c) RULE OF CONSTRUCTION.—Nothing in On page 9, line 8, strike ‘‘1 year’’ and insert plications and patents’’ and insert: ‘‘filing, this section shall be construed to imply that ‘‘18 months’’. searching, examining, issuing, appealing, and other business methods are patentable or On page 32, strike line 12 and all that fol- maintaining patent applications and pat- that other business-method patents are lows through page 35, line 2, and insert the ents’’. valid. following: On page 86, between lines 8 and 9, insert On page 94, line 19, strike ‘‘(c)’’ and insert SEC. 4. VIRTUAL MARKING AND ADVICE OF the following: ‘‘(d)’’. COUNSEL. (i) REDUCTION IN FEES FOR SMALL ENTITY On page 103, between lines 11 and 12, insert On page 37, line 1, strike ‘‘(b)’’ and insert PATENTS.—The Director shall reduce fees for the following: ‘‘(a)’’. providing prioritized examination of utility ‘‘(c) DERIVATIVE JURISDICTION NOT RE- On page 37, line 20, strike ‘‘(c)’’ and insert and plant patent applications by 50 percent QUIRED.—The court to which a civil action is ‘‘(b)’’. for small entities that qualify for reduced removed under this section is not precluded On page 38, line 3, strike ‘‘(d)’’ and insert fees under section 41(h)(1) of title 35, United from hearing and determining any claim in ‘‘(c)’’. States Code, so long as the fees of the such civil action because the State court On page 38, line 13, strike ‘‘(e)’’ and insert prioritized examination program are set to from which such civil action is removed did ‘‘(d)’’. recover the estimated cost of the program. not have jurisdiction over that claim.’’.

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On page 103, line 12, strike ‘‘(c)’’ and insert lations implemented pursuant to this sub- (3) OFFICE.—The term ‘‘Office’’ means the ‘‘(d)’’. section shall continue to apply to any peti- United States Patent and Trademark Office. On page 105, between lines 22 and 23, insert tion for a transitional proceeding that is (4) TRADEMARK ACT OF 1946.—The term the following: filed prior to the date that this subsection is ‘‘Trademark Act of 1946’’ means an Act enti- SEC. 18. TRANSITIONAL PROGRAM FOR COVERED repealed pursuant to subparagraph (A). tled ‘‘Act to provide for the registration and BUSINESS-METHOD PATENTS. (c) REQUEST FOR STAY.— protection of trademarks used in commerce, (a) REFERENCES.—Except as otherwise ex- (1) IN GENERAL.—If a party seeks a stay of to carry out the provisions of certain inter- pressly provided, wherever in this section a civil action alleging infringement of a pat- national conventions, and for other pur- language is expressed in terms of a section or ent under section 281 in relation to a transi- poses’’, approved July 5, 1946 (15 U.S.C. 1051 chapter, the reference shall be considered to tional proceeding for that patent, the court et seq.) (commonly referred to as the ‘‘Trade- be made to that section or chapter in title shall decide whether to enter a stay based mark Act of 1946’’ or the ‘‘Lanham Act’’). 35, United States Code. on— (5) UNDER SECRETARY.—The term ‘‘Under (b) TRANSITIONAL PROGRAM.— (A) whether a stay, or the denial thereof, Secretary’’ means the Under Secretary of (1) ESTABLISHMENT.—Not later than 1 year will simplify the issues in question and Commerce for Intellectual Property. after the date of enactment of this Act, the streamline the trial; Director shall issue regulations establishing (B) whether discovery is complete and (b) FUNDING.— and implementing a transitional post-grant whether a trial date has been set; (1) IN GENERAL.—Section 42 of title 35, review proceeding for review of the validity (C) whether a stay, or the denial thereof, United States Code, is amended— of covered business-method patents. The would unduly prejudice the nonmoving party (A) in subsection (b), by striking ‘‘Patent transitional proceeding implemented pursu- or present a clear tactical advantage for the and Trademark Office Appropriation Ac- ant to this subsection shall be regarded as, moving party; and count’’ and inserting ‘‘United States Patent and shall employ the standards and proce- (D) whether a stay, or the denial thereof, and Trademark Office Public Enterprise dures of, a post-grant review under chapter will reduce the burden of litigation on the Fund’’; and 32, subject to the following exceptions and parties and on the court. (B) in subsection (c), in the first sentence— qualifications: (2) REVIEW.—A party may take an imme- (i) by striking ‘‘To the extent’’ and all that (A) Section 321(c) and subsections (e)(2), (f), diate interlocutory appeal from a district follows through ‘‘fees’’ and inserting ‘‘Fees’’; and (g) of section 325 shall not apply to a court’s decision under paragraph (1). The and transitional proceeding. United States Court of Appeals for the Fed- (ii) by striking ‘‘shall be collected by and (B) A person may not file a petition for a shall be available to the Director’’ and in- transitional proceeding with respect to a eral Circuit shall review the district court’s decision to ensure consistent application of serting ‘‘shall be collected by the Director covered business-method patent unless the and shall be available until expended’’. person or his real party in interest has been established precedent, and such review may (2) EFFECTIVE DATE.—The amendments sued for infringement of the patent or has be de novo. (d) DEFINITION.—For purposes of this sec- made by paragraph (1) shall take effect on been charged with infringement under that tion, the term ‘‘covered business method pat- the later of— patent. ent’’ means a patent that claims a method or (A) October 1, 2011; or (C) A petitioner in a transitional pro- corresponding apparatus for performing data (B) the first day of the first fiscal year that ceeding who challenges the validity of 1 or processing operations utilized in the prac- more claims in a covered business-method begins after the date of the enactment of tice, administration, or management of a fi- patent on a ground raised under section 102 this Act. nancial product or service, except that the or 103 as in effect on the day prior to the (c) USPTO REVOLVING FUND.— term shall not include patents for techno- date of enactment of this Act may support (1) ESTABLISHMENT.—There is established logical inventions. Solely for the purpose of such ground only on the basis of— implementing the transitional proceeding in the Treasury of the United States a re- (i) prior art that is described by section authorized by this subsection, the Director volving fund to be known as the ‘‘United 102(a) (as in effect on the day prior to the shall prescribe regulations for determining States Patent and Trademark Office Public date of enactment of this Act); or whether a patent is for a technological in- Enterprise Fund’’. Any amounts in the Fund (ii) prior art that— vention. shall be available for use by the Director (I) discloses the invention more than 1 year (e) RULE OF CONSTRUCTION.—Nothing in without fiscal year limitation. prior to the date of the application for pat- this section shall be construed as amending (2) DERIVATION OF RESOURCES.—There shall ent in the United States; and or interpreting categories of patent-eligible be deposited into the Fund on or after the ef- (II) would be described by section 102(a) (as subject matter set forth under section 101. fective date of subsection (b)(1)— in effect on the day prior to the date of en- SEC. 19. TRAVEL EXPENSES AND PAYMENT OF (A) any fees collected under sections 41, 42, actment of this Act) if the disclosure had ADMINISTRATIVE JUDGES. and 376 of title 35, United States Code, pro- been made by another before the invention (a) AUTHORITY TO COVER CERTAIN TRAVEL vided that notwithstanding any other provi- thereof by the applicant for patent. RELATED EXPENSES.—Section 2(b)(11) of title sion of law, if such fees are collected by, and (D) The petitioner in a transitional pro- 35, United States Code, is amended by insert- payable to, the Director, the Director shall ceeding, or his real party in interest, may ing ‘‘, and the Office is authorized to expend transfer such amounts to the Fund, provided, not assert either in a civil action arising in funds to cover the subsistence expenses and however, that no funds collected pursuant to whole or in part under section 1338 of title 28, travel-related expenses, including per diem, section 9(h) of this Act or section 1(a)(2) of United States Code, or in a proceeding before lodging costs ,and transportation costs, of Public Law 111-45 shall be deposited in the the International Trade Commission that a non-federal employees attending such pro- Fund; and claim in a patent is invalid on any ground grams’’ after ‘‘world’’. (B) any fees collected under section 31 of that the petitioner raised during a transi- (b) PAYMENT OF ADMINISTRATIVE JUDGES.— the Trademark Act of 1946 (15 U.S.C. 1113). tional proceeding that resulted in a final Section 3(b) of title 35, United States Code, is (3) EXPENSES.—Amounts deposited into the written decision. amended by adding at the end the following: Fund under paragraph (2) shall be available, (E) The Director may institute a transi- ‘‘(6) ADMINISTRATIVE PATENT JUDGES AND without fiscal year limitation, to cover— tional proceeding only for a patent that is a ADMINISTRATIVE TRADEMARK JUDGES.—The (A) all expenses to the extent consistent covered business-method patent. Director has the authority to fix the rate of with the limitation on the use of fees set (2) EFFECTIVE DATE.—The regulations basic pay for the administrative patent forth in section 42(c) of title 35, United issued pursuant to paragraph (1) shall take judges appointed pursuant to section 6 of States Code, including all administrative effect on the date that is 1 year after the this title and the administrative trademark and operating expenses, determined in the date of enactment of this Act and shall apply judges appointed pursuant to section 17 of discretion of the Under Secretary to be ordi- to all covered business-method patents the Trademark Act of 1946 (15 U.S.C. 1067) at nary and reasonable, incurred by the Under issued before, on, or after such date of enact- not greater than the rate of basic pay pay- Secretary and the Director for the continued ment, except that the regulations shall not able for Level III of the Executive Schedule. operation of all services, programs, activi- apply to a patent described in the first sen- The payment of a rate of basic pay under ties, and duties of the Office relating to pat- tence of section 5(f)(2) of this Act during the this paragraph shall not be subject to the ents and trademarks, as such services, pro- period that a petition for post-grant review pay limitation of section 5306(e) or 5373 of grams, activities, and duties are described of that patent would satisfy the require- title 5.’’. under— ments of section 321(c). SEC. 20. PATENT AND TRADEMARK OFFICE FUND- (i) title 35, United States Code; and (3) SUNSET.— ING. (ii) the Trademark Act of 1946; and (A) IN GENERAL.—This subsection, and the (a) DEFINITIONS.—In this section, the fol- (B) all expenses incurred pursuant to any regulations issued pursuant to this sub- lowing definitions shall apply: obligation, representation, or other commit- section, are repealed effective on the date (1) DIRECTOR.—The term ‘‘Director’’ means ment of the Office. that is 4 years after the date that the regula- the Director of the United States Patent and tions issued pursuant to paragraph (1) take Trademark Office. (d) ANNUAL REPORT.—Not later than 60 effect. (2) FUND.—The term ‘‘Fund’’ means the days after the end of each fiscal year, the (B) APPLICABILITY.—Notwithstanding sub- public enterprise revolving fund established Under Secretary and the Director shall sub- paragraph (A), this subsection and the regu- under subsection (c). mit a report to Congress which shall—

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1039 (1) summarize the operations of the Office time when you had patents that might This is not a problem any of us cre- for the preceding fiscal year, including finan- not be superseded by new inventions ated. It is a problem each of us inher- cial details and staff levels broken down by for years. Now they can be superseded ited. Yet it is a problem I think none of each major activity of the Office; the day they come in. That is why we us wants to leave to our successors. It (2) detail the operating plan of the Office, is a problem that requires us to do including specific expense and staff needs for have 700,000 patents applications wait- the upcoming fiscal year; ing to be processed. It is also why something different than we have done (3) describe the long term modernization countries such as China and others are in the past, and by this I mean I think plans of the Office; beginning to surpass us in their inno- we need procedural, structural, and in- (4) set forth details of any progress towards vation, because we have been slow to deed constitutional reform. We need to such modernization plans made in the pre- catch up. We are in a situation where put Congress in a straitjacket because vious fiscal year; and we are unable to compete with the rest we have been unwilling or unable in (5) include the results of the most recent of the industrialized nations. Their the past to make the difficult spending audit carried out under subsection (f). patent laws are ahead of ours. So this decisions that have to be made. (e) ANNUAL SPENDING PLAN.— is a case where we in America have a In the past, there has been a great (1) IN GENERAL.—Not later than 30 days debate between, on the one hand, some after the beginning of each fiscal year, the chance to catch up. We do it without Director shall notify the Committees on Ap- adding a cent to the deficit, but we also Republicans who have been unwilling propriations of both Houses of Congress of create jobs. Every major manufacturer to cut some programs, to consider in the plan for the obligation and expenditure in this country and inventors have said any context cuts in the area of, say, of the total amount of the funds for that fis- this is where we will create jobs. national defense; you have had others, cal year in accordance with section 605 of the I look at it, of course, with the point perhaps from the other party, who have Science, State, Justice, Commerce, and Re- of view that my little State of been unwilling to consider any cuts to lated Agencies Appropriations Act, 2006 Vermont on a per capita basis has more any entitlement program. But we are (Public Law 109–108; 119 Stat. 2334). patents than any other State. We even now faced with a scenario in which (2) CONTENTS.—Each plan under paragraph both sides of the aisle can understand (1) shall— had more than some States larger than (A) summarize the operations of the Office ours. The distinguished Presiding Offi- that our perpetual deficit spending for the current fiscal year, including finan- cer comes from a State that has spent habit places in jeopardy every single cial details and staff levels with respect to a great deal of time and effort on inno- aspect of the operations of the Federal major activities; and vation and is one of the leaders in the Government. (B) detail the operating plan of the Office, number of patents, especially in the To paint one scenario, I would like to including specific expense and staff needs, high-tech area, in this country. But the point out that the budget projections for the current fiscal year. patents don’t help us compete unless produced by the White House just a (f) AUDIT.—The Under Secretary shall, on couple weeks ago predicted, based on a an annual basis, provide for an independent we are able to move with them. We in Vermont have a long history of innova- fairly optimistic set of projections, audit of the financial statements of the Of- that over the next 10 years we will ac- fice. Such audit shall be conducted in ac- tion and invention. The first patent in cordance with generally acceptable account- the United States was signed by George quire enough new debt that, when ing procedures. Washington after being cleared by added to our existing debt, will cause (g) BUDGET.—The Fund shall prepare and Thomas Jefferson and granted to a us to be spending almost $1 trillion submit each year to the President a busi- Vermonter. every single year just on interest on ness-type budget in a manner, and before a Mr. President, I suggest the absence our national debt. To put that in per- date, as the President prescribes by regula- of a quorum. spective, $1 trillion is more than we tion for the budget program. The PRESIDING OFFICER. The currently spend on Social Security in On page 105, line 23, strike ‘‘SEC. 18.’’ and an entire year. It is more than we cur- insert ‘‘SEC. 21.’’. clerk will call the roll. At the end, add the following: The legislative clerk proceeded to rently spend on Medicare and Medicaid SEC. 22. BUDGETARY EFFECTS. call the roll. combined in an entire year. It is sig- The budgetary effects of this Act, for the Mr. LEE. Mr. President, I ask unani- nificantly more than we spend on na- purpose of complying with the Statutory mous consent the order for the quorum tional defense in any year. This $1 tril- Pay-As-You-Go-Act of 2010, shall be deter- call be rescinded. lion number is one that could actually mined by reference to the latest statement The PRESIDING OFFICER (Mr. be much larger if some of these projec- titled ‘‘Budgetary Effects of PAYGO Legisla- FRANKEN). Without objection, it is so tions turn out not to be correct. tion’’ for this Act, submitted for printing in ordered. We now face a moment when both the Congressional Record by the Chairman of Mr. LEE. Mr. President, I rise to liberals and conservatives, Republicans the Senate Budget Committee, provided that speak on an issue that is very impor- and Democrats, regardless of what they such statement has been submitted prior to tant to me. The immediate subject I most want to protect in their Federal the vote on passage. am going to address is an amendment I Government, have to realize that what Mr. LEAHY. Mr. President, we are am going to propose to our pending we most want to protect is placed in prepared to go to a rollcall vote on this patent reform legislation. This amend- grave jeopardy by our current spending right now. I don’t see the ranking ment calls upon the Senate to get the practices. member. As a courtesy, I am willing to sense of the Senate that we need a bal- I am troubled by the fact that as we wait a few more minutes before calling anced budget amendment to the U.S. approach debate surrounding a con- for the vote. While we are waiting for Constitution. tinuing resolution this week, a con- my friend, the distinguished Senator As I prepared for this day, I reviewed tinuing resolution that is likely to op- from Iowa, I will note that what we are the maiden speeches of a number of erate for just a few weeks to keep the talking about is bipartisan legislation; Senators who served in this august Government funded, we are still talk- it is supported by both business and body, and I have seen a consistent ing about adding, on an annualized labor. theme in the speeches that have been basis, to our national debt at a rate ex- People ask whether Congress can given over the course of the last 50 or ceeding $1.5 trillion a year. I think the work together and whether, with all 60 years. Over and over, they address American people deserve better. I know the problems facing America, Repub- spending. These issues have spilled they demand better. licans and Democrats can come to- over, Congress after Congress, until the Some of the things we saw in the 2010 gether to get work done, make things point we have reached today, the point election cycle portend something much work, and do things that can make at which our national debt stands at an greater for what we are going to see in America stronger and more competi- astounding figure, close to $15 trillion. the 2012 election cycle. The polls sup- tive in the world. This is a bill that As I like to say, $15 trillion is a lot of port the fact that what we can see from does that. That is why we have a broad money. A lot of people do not make $15 the 2010 election cycle is that Ameri- group of cosponsors in both parties trillion in a whole year. Even when you cans want Congress to balance its across the political spectrum. It en- divide $15 trillion by 300 million Ameri- budget. They want us to do something ables us to actually do something. cans, you are left with a figure of about more than just talking about it. They We have a decades-old patent system, $50,000 a head. This is not an incon- want us to put ourselves in a strait- which may have made sense in the sequential number. jacket.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1040 CONGRESSIONAL RECORD — SENATE March 1, 2011 Benjamin Franklin used to say: He patents. Senior career staff at the Pat- other inventor conceived of his inven- will cheat without scruple who can ent Office had expressed deep mis- tion or before the prior art was dis- without fear. I think the congressional givings about the office’s ability to ad- closed. Under the first-to-file system, corollary to that might be that Con- minister this system. In response, at by contrast, the same priority is deter- gress, which can continue to engage in the conclusion of the 2009 mark up, mined by when the application for pat- perpetual deficit spending, will con- Chairman LEAHY pledged to invite the ent was filed. Whichever inventor files tinue to do so unless or until they are Patent Office to work with the com- first has priority, and third-party prior held accountable by the people or re- mittee to address these concerns and to art is measured against the filing date, quired by that Congress to put itself in try to develop a system that the office and is invalidating if it disclosed the a straightjacket. That is the straight- would be able to administer. invention before the date when the ap- jacket we need. That is why I am pro- Chairman LEAHY carried through on plication was filed, rather than the posing this amendment so, at a min- his pledge and held those meetings date when the invention was conceived. imum, before this patent reform legis- later that year. As a result, important In commentary that was published lation, which I support wholeheartedly, changes were made to the bill, eventu- on Sunday, February 27, Mr. Gene moves forward, we can all agree as ally resulting in a managers’ amend- Quinn, the writer of the IP Watchdog Members of this body that we need a ment that was announced in 2010 by Web site, made some worthy points constitutional amendment to keep us Chairman LEAHY and then-Ranking about the present bill’s proposed move from doing what is slowly killing the Member SESSIONS. The 2010 managers’ to a first-to-file system. Responding to economy of the United States and amendment, which is also the basis of critics of first to file, Mr. Quinn first gradually mounting a severe challenge, the present bill, substantially ad- noted that: in practical effect, we al- an existential threat to every Federal dressed all of the concerns that Sen- ready have a first inventor to file sys- program that currently exists. ators Feingold and COBURN and I raised tem. For example, since the start of I invite each of my colleagues to vote in the 2009 Minority Report. As a re- fiscal year 2005 on October 1, 2004, there for and support this amendment and to sult, I became a cosponsor of that have been over 2.9 million patent appli- support S.J. Res. 5, a constitutional amendment, and am proud to cospon- cations filed and only 502 Interferences amendment I have proposed that would sor and support the bill that is before decided. An Interference Proceeding put Congress in this type of strait- us today. occurs when multiple inventors file an jacket. I will take a few moments today to application claiming the same inven- Here is, in essence, what S.J. Res. 5 describe the key changes that led to tion, and is the hallmark of a first to says: If adopted by Congress by the req- the 2010 breakthrough on this bill. But invent system . . . . On top of the pal- uisite two-thirds margins in both first, I would like to address an impor- try 502 Interferences over nearly 7 Houses and approved by the States, tant aspect of the bill that has recently years, a grand total of 1 independent three-fourths of them as required by become the subject of some con- inventor managed to demonstrate they article V of the Constitution, it would troversy. This is the bill’s change to a were the first to invent, and a grand tell Congress it may not spend more first-inventor-to-file patent system. total of 35 small entities were even in- than it receives in a given year, it may About two-thirds of the present bill volved in an Interference. not spend more than 18 percent of GDP has never been controversial and has In other words, as Mr. Quinn notes, in a year, it may not raise taxes, and it been included in all of the various although the first-to-invent system is may not raise the national debt ceiling iterations of this bill ever since the supposed to help the little guy, over without a two-thirds supermajority first patent reform act was introduced the last seven years, only one inde- vote in both Houses of Congress. That in 2005 by Mr. LAMAR SMITH, who was pendent inventor has managed to win is the kind of permanent binding con- then the chairman of the House Intel- an interference contest and secure the stitutional measure I think we need in lectual Property Subcommittee. Mr. benefits of the first to invent system. order to protect the government pro- SMITH’s 2005 bill, H.R. 2795, included And again, this is out of nearly 3 mil- grams we value so highly and upon the following proposals: it switched the lion patent applications filed over this which 300 million Americans have United States from a first-to-invent period. Mr. Quinn’s comments also debunk come to depend, in one way or another. patent system to a first-inventor-to- the notion that an interference pro- I urge each of my colleagues to sup- file system. The Smith bill enacted ceeding is a viable means of securing port this amendment and to support chapter 32 of title 35, creating a first- first-to-invent rights for independent S.J. Res. 5. window, post-grant opposition proce- I yield the floor and suggest the ab- dure. It authorized third parties to sub- and other small inventors. He notes sence of a quorum. mit and explain relevant prior art to that: The PRESIDING OFFICER. The the Patent Office with respect to an ap- On top of this, the independent inventors clerk will call the roll. plication before a patent is issued. The and small entities, those typically viewed as Smith bill amended the inventor’s benefiting from the current first to invent The assistant editor of the Daily Di- system, realistically could never benefit gest proceeded to call the roll. oath, and expanded the rights of as- from such a system. To prevail as the first to Mr. KYL. I ask unanimous consent signees to prosecute a patent applica- invent and second to file, you must prevail that the order for the quorum call be tion under section 118. And it also in an Interference proceeding, and according rescinded. eliminated subjective elements from to 2005 data from the AIPLA, the average The PRESIDING OFFICER. Without the patent code, and included the first cost through an interference is over $600,000. objection, it is so ordered. proposal for creating derivation pro- So let’s not kid ourselves, the first to invent Mr. KYL. Mr. President, I rise today ceedings. All of these elements of Mr. system cannot be used by independent inven- tors in any real, logical or intellectually to speak on the Patent Reform Act of SMITH’s original 2005 bill are retained honest way, as supported by the reality of 2011, which I understand will be re- in the bill that is before us today, and the numbers above. . . . [F]irst to invent is titled as the ‘‘America Invents Act.’’ are, in fact, the most important parts largely a ‘‘feel good’’ approach to patents When this bill was marked up in the of the bill. And, until recently, these where the underdog at least has a chance, if Judiciary Committee in 2007 and again provisions had not proven controver- they happen to have $600,000 in disposable in- in 2009, I voted against it, and I sub- sial. come to invest on the crap-shoot that is an mitted minority views to the com- After the announcement of the 2010 Interference proceeding. mittee report for the bill. In the 2009 managers’ amendment, however, mem- Obviously, the parties that are likely committee report, Senators Russ Fein- bers of the Judiciary Committee began to take advantage of a system that gold and TOM COBURN joined me in to hear more from critics of the bill’s costs more than half a million dollars identifying a set of issues that we felt move to a first-to-file system. Under to utilize are not likely to be small and needed to be addressed before the bill current law’s first-to-invent system, a independent inventors. Indeed, it is was ready for consideration by the full patent applicant or owner has priority typically major corporations that in- Senate. Chief among these were con- against other patents or applications, voke and prevail in interference pro- cerns about the bill’s system of or against invalidating prior art, if he ceedings. The very cost of the pro- postissuance administrative review of conceived of his invention before the ceeding alone effectively ensures that

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1041 it is these larger parties that benefit out whether the inventor publicly dis- nation of subjective elements in patent from this system. In many cases, small closed the invention. If prior art dis- law, its new proceeding to correct pat- inventors such as start ups and univer- closed the invention to the public be- ents, and its elimination of current sities simply cannot afford to partici- fore the filing date, or if the inventor patent-forfeiture pitfalls that trap le- pate in an interference, and they sur- disclosed the invention within a year of gally unwary inventors, it is clear that render their rights once a well-funded filing but the prior art predates that this bill will benefit inventors both party starts such a proceeding. disclosure, then the invention is in- large and small. Mr. Quinn’s article also responded to valid. And if not, the patent is valid Allow me to also take a moment to critics who allege that the present bill against a prior-art challenge. briefly describe the concerns that Sen- eliminates the grace period for patent Some critics of the first-to-file sys- ators Feingold and COBURN and I raised applications. The grace period is the tem also argue that it will be expensive in our 2009 Minority Report, and how one-year period prior to filing when the for inventors because they will be the present bill addresses those con- inventor may disclose his invention forced to rush to file a completed appli- cerns. without giving up his right to patent. cation, rather than being able to rely Senators Feingold and COBURN and I Mr. Quinn quotes the very language of on their invention date and take their proposed that the bill impose a higher this bill, and draws the obvious conclu- time to complete an application. These threshold showing for instituting an sion: critics generally ignore the possibility inter partes, or post-grant review. This Regardless of the disinformation that is of filing a provisional application, had long been a top priority for the widespread, the currently proposed S. 23 which requires only a written descrip- Patent Office, both under the previous does, in fact, have a grace period. The grace tion of the invention and how to make administration and under the current period would be quite different than what we it. Once a provisional application is one. The Patent Office made clear that have now and would not extend to all third a higher threshold is necessary to weed party activities, but many of the horror sto- filed, the inventor has a year to file a ries say that if someone learns of your inven- completed application. Currently, fil- out marginal challenges and preserve tion from you and beats you to the Patent ing a provisional application costs $220 the office’s own resources, and that a Office, they will get the patent. That is sim- for a large entity, and $110 for a small higher threshold would also force par- ply flat wrong. entity. ties to front-load their cases, allowing Mr. Quinn is, of course, referring to One of Mr. Quinn’s earlier columns, these proceedings to be resolved more the bill’s proposed section 102(b). Under on November 7, 2009, effectively rebuts quickly. The present bill imposes high- paragraph (1)(A) of that section, disclo- the notion that relying on invention er thresholds, requiring a reasonable sures made by the inventor, or some- dates offers inventors any substantial likelihood of invalidity for inter partes one who got the information from the advantage over simply filing a provi- review, and more-likely-than-not inva- inventor, less than 1 year before the sional application. As he notes: lidity for post-grant review. application is filed do not count as If you rely on first to invent and are oper- Senators Feingold and COBURN and I prior art. And under paragraph (1)(B), ating at all responsibly you are keeping an also recommended that the Patent Of- during the 1-year period before the ap- invention notebook that will meet evi- fice be allowed to operate inter partes plication is filed, if the inventor pub- dentiary burdens if and when it is neces- reexamination as an adjudicative pro- licly discloses his invention, no subse- sary to demonstrate conception prior to the ceeding, where the burden of proof is quently disclosed prior art, regardless conception of the party who was first to on the challenger and the office simply of whether it is derived from the inven- file.... decides whether the challenger has met tor, can count as prior art and invali- [Y]our invention notebook or invention his burden. The present bill makes this record will detail, describe, identify and date date the patent. This effectively cre- conception so that others skilled in the art change, repealing requirements that ates a ‘‘first to publish’’ rule that pro- will be able to look at the notebook/record inter partes be run on an tects those inventors who choose to and understand what you did, what you examinational model and allowing the disclose their invention. An inventor knew, and come to the believe that you did PTO to adopt an adjudicative model. who publishes his invention, or dis- in fact appreciate what you had. If you have The 2009 Minority Report also rec- closes it at a trade show or academic this, you have provable conception. If you ommended that the bill restrict serial conference, or otherwise makes it pub- have provable and identifiable conception, administrative challenges to patents licly available, has an absolute right to you also have a disclosure that informs and and require coordination of these pro- supports the invention. . . . [And] [i]f the priority if he files an application with- notebook provably demonstrates conception, ceedings with litigation. We also called in one year of his disclosure. No appli- then it can be filed as a provisional patent for limiting use of ex parte reexamina- cation effectively filed after his disclo- application at least for the purpose of stak- tion to patent owners, noting that al- sure, and no prior art disclosed after ing a claim to the conception that is detailed lowing three different avenues for ad- his disclosure, can defeat his applica- with enough specificity to later support an ministrative attack on patents invites tion for patent. argument in a first to invent regime. serial challenges. The present bill does These rules are highly protective of In other words, the showing that an coordinate inter partes and post-grant inventors, especially those who share inventor must make in a provisional review with litigation, barring use of their inventions with the interested application is effectively the same these proceedings if the challenger public but still file a patent applica- showing that he would have to make to seeks a declaratory judgment that a tion within a year. These rules are also prove his invention date under the patent is invalid, and setting a time clear, objective, and transparent. They first-to-invent system. A small inven- limit for seeking inter partes review if create unambiguous guidelines for in- tor operating under first-to-invent the petitioner or related parties is sued ventors. An inventor who wishes to rules already must keep independently- for infringement of the patent. The keep his invention secret must file an validated notebooks that show when he present bill does not, however, bar the application promptly, before another conceived of his invention. Under first- use of ex parte reexamination by third person discloses the invention to the to-file rules, the only additional steps parties. The Patent Office and others public. And an inventor can also share that the same inventor must take are persuaded me that these proceedings his invention with others. If his activi- writing down the same things that his operate reasonably well in most cases ties make the invention publicly avail- notebooks are supposed to prove filing and are not an undue burden on patent able, he must file an application within that writing with the Patent Office, owners. The present bill does, however, a year, but his disclosures also pre- and paying a $110 fee. impose limits on serial challenges that vents any subsequently disclosed prior Once the possibility of filing a provi- will also restrict the use of ex parte re- art from taking away his right to pat- sional application is considered, along examination. The bill’s enhanced ad- ent. The bill’s proposed section 102 also with this bill’s enhanced grace period, ministrative estoppel will effectively creates clear guidelines for those who it should be clear that the first-to-file bar a third party or related parties practice in a technology. To figure out system will not be at all onerous for from invoking ex parte reexamination if a patent is valid against prior art, all small inventors. And once one con- against a patent if that third party has that a manufacturer needs to do is look siders the bill’s clean, clear rules for already employed post-grant or inter at the patent’s filing date and figure prior art and priority dates, its elimi- partes review against that patent.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1042 CONGRESSIONAL RECORD — SENATE March 1, 2011 Also, the bill allows the Patent Office an interested person who is skilled in ent reform on Monday, February 28, 2011, the to reject any request for a proceeding, the field could, through reasonable first day back. Some are even anticipating including a request for ex parte reex- diligence, find the subject matter and that the Senate will vote on patent reform amination, if the same or substantially understand the invention from it. Obvi- bill S. 23 late in the day on Monday, Feb- ruary 28, 2011. See ‘‘Crunch Time: Call Your the same prior art or arguments pre- ously, Congress would not create a Senators on Patent Reform.’’ That would viously were presented to the Office grace period that is narrower in scope seem exceptionally quick, particularly given with respect to that patent. than the relevant prior art. Thus for the rancorous issues and Amendments still Senators Feingold and COBURN and I example, under this bill, any activity to be presented, but nothing will surprise also recommended that the PTO be al- by the inventor that would constitute me. lowed to delay implementation of post- prior art under section 102(a)(1) would As we get closer to a vote in the Senate the grant review if the office lacks the re- also invoke the grace period under sec- rhetoric of those for and against patent re- sources to implement that new pro- tion 102(b)(1). As a result, the inventor form is heating up to a fever pitch. The big ceeding. The present bill includes a would be protected against his own ac- fight, once again, is over first to file, with number of safeguards that are the tivities so long as he files within a battle lines drawn that run extremely deep. product of discussions with the PTO. year, and under the bill’s ‘‘first to pub- Senator Diane Feinstein (D–CA) is expected lish’’ provisions, he would also be pro- to file an Amendment stripping the first to Among other things, the present bill file provisions, which could be supported by authorizes a ramp-up period, allowing tected by any other person’s disclosure Senate Majority Leader Harry Reid (D–NV). the office to limit the number of pro- of the invention, regardless of whether Before tackling the first to file issue I ceedings that can be implemented dur- he could prove that the other person would like to point out that regardless of ing the first 4 years after the new pro- derived the invention from him. whether first to file is supported or opposed, ceeding becomes effective. The present bill is the product of al- everyone, and I do mean everyone, unani- The 2009 Minority Report also rec- most a decade of hard work, including mously agrees that the USPTO should be al- ommended that treble damages be pre- three Judiciary Committee mark ups, lowed to keep the fees it collects to reinvest served as a meaningful deterrent to and the untold hours of work by Mr. in the agency and to do the work promised. willful or calculated infringement of a SMITH and other members of the House An overwhelming majority also seem to sup- patent. The present bill does so, elimi- of Representatives that led to the in- port giving the USPTO fee setting authority. nating the restrictive three-buckets troduction of the Patent Reform Act of Fee setting authority is present in S. 23 (see Section 9) and Senator Tom Coburn plans to approach and broad safe harbors that 2005, the foundation of today’s bill. introduce an Amendment that would once appeared in the bill in 2009. The report This is a bill that will protect our her- and for all eliminate fee diversion and let also recommended that the bill remove itage of innovation while updating the the USPTO keep the fees it collects. So while subjective elements from patent law, patent system for the current century. there is argument about first to file, hope- such as the various deceptive-intent It will fix problems with current ad- fully we won’t lose sight of the fact that elements throughout the code and the ministrative proceedings, create new most everyone is on the same team relating patent-forfeiture doctrines. The means for improving patent quality, to fixing the USPTO. present bill effectively makes both and will generally move us toward a With respect to first to file, in practical ef- changes. In fact, the 2007 bill had al- patent system that is objective, trans- fect, we already have a first inventor to file ready been modified in mark up to parent, clear, and fair to all parties. I system. For example, since the start of fiscal look forward to the Senate’s passage of year 2005 on October 1, 2004, there have been eliminate the patent forfeiture doc- over 2.9 million patent applications filed and trines, a point elucidated in that year’s this bill and its enactment into law. only 502 Interferences decided. An Inter- committee report and confirmed by a I ask unanimous consent that Mr. ference Proceeding occurs when multiple in- review of the relevant caselaw. Gene Quinn’s columns of February 27, ventors file an application claiming the This last point should also help ad- 2011, and November 7, 2009, with correc- same invention, and is the hallmark of a dress a question that Mr. Quinn raised tions of a few typos and enhancements first to invent system because it is possible in his column on Sunday regarding pro- of punctuation, be printed in the in the United States to file a patent applica- posed section 102(b)’s use of the word RECORD. tion second and then be awarded the patent ‘‘disclosure,’’ and whether it covers There being no objection, the mate- if the second to file can demonstrate they rial was ordered to be printed in the were the first to invent. On top of the paltry public use or sale activities of the in- 502 Interferences over nearly 7 years a grand ventor. I would have thought that the RECORD, as follows: total of 1 independent inventor managed to meaning of the word would be clear: a SENATE TO VOTE ON PATENT REFORM, FIRST demonstrate they were the first to invent, disclosure is something that makes the TO FILE FIGHT LOOMS and a grand total of 35 small entities were invention available to the public—the (By Gene Quinn, President & Founder of even involved in an Interference. A small en- same test applied by section 102(a) to IPWatchdog, Inc., Feb. 27, 2011) tity can be an independent inventor, univer- define the scope of relevant prior art. It appears as if the time has finally arrived sity, non-profit or a company with 500 or And ‘‘available to the public’’ means for an up or down vote on patent reform in fewer employees. Thus, we have a de facto the United States Senate. It has been widely first to file system and the ‘‘first to invent’’ the same thing that ‘‘publicly acces- reported that the full Senate will take up system that supposedly favors independent sible’’ does in the context of a publica- patent reform upon returning from recess inventors is overwhelmingly dominated by tion. Subject matter makes an inven- this week, and it is now believed by many on large companies with over 500 employees. tion publicly accessible or available if the inside that the Senate will take up pat- See chart below.

2005 2006 2007 2008 2009 2010 2011* Total

Filings ...... 381797 417453 468330 496886 486499 509367 153997 2914329 Allowances ...... 151077 162509 184376 182556 190122 233127 93390 1197157 Interferences decided ...... 96 107 95 74 63 50 17 502 Junior party winners ...... 18 15 21 25 14 17 3 113 Small entity winners ...... 7 2 3 6 1 5 1 25 Independent Inventor winners ...... 0 0 1 0 0 0 0 1 Small Entity losers ...... 1 2 2 2 1 2 0 10

On top of this, the independent inventors tors in any real, logical or intellectually President & CEO of Tessera and a frequent and small entities, those typically viewed as honest way, as supported by the reality of contributor to IPWatchdog.com. In his op-ed benefiting from the current first to invent the numbers above. So first to invent is in The Hill Hank concludes by asking: ‘‘Why system, realistically could never benefit largely a ‘‘feel good’’ approach to patents risk that by weakening the incentives for from such a system. To prevail as the first to where the underdog at least has a chance, if startups?’’ As I can point to the fact that we invent and second to file you must prevail in they happen to have $600,000 in disposable in- have a de facto first to file system already, an Interference proceeding, and according to come to invest on the crap-shoot that is an 2005 data from the AIPLA the average cost Interference proceeding. Hank and others can say—so why the need through an interference is over $600,000. So I will acknowledge, however, that one of for change? I readily acknowledge that the let’s not kid ourselves, the first to invent the best arguments I have seen against first small ‘‘c’’ conservative thing to do, which I system cannot be used by independent inven- to file was prepared by Hank Nothhaft, normally promote, would be to do nothing

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and keep the status quo. That is a fine argu- CLAIMED INVENTION.—A disclosure made 1 and prove prior inventorship relative to prior ment, but it would keep the USPTO devoting year or less before the effective filing date of art not associated with an earlier filed pat- precious resources on a complex Interference a claimed invention shall not be prior art to ent application. In short, I see no reason why system that really mirrors a first to file sys- the claimed invention under subsection (a)(1) we cannot have a first inventor to file sys- tem anyway. Of course, if patent reform if— tem that does away with Interference pro- gives the USPTO fee setting authority and (A) the disclosure was made by the inven- ceedings, awards patents to the first inven- an end to fee diversion, then the resources tor or joint inventor or by another who ob- tor who files a patent application, but which problem isn’t nearly the concern and Con- tained the subject matter disclosed directly also preserves a 12 month grace period under gress could layer on responsibilities for the or indirectly from the inventor or a joint in- current law. Patent Office and Team Kappos could deliver ventor; or Of course, if first to file as stated in 102(b) and still reduce the backlog. (B) the subject matter disclosed had, be- becomes the law of the land, it will encour- Some others who challenge the first to file fore such disclosure, been publicly disclosed age independent inventors to do exactly changes in the patent reform bill say the In- by the inventor or a joint inventor or an- what they should do, which is file patent ap- terference analysis above is misplaced be- other who obtained the subject matter dis- plications earlier in the process. I hear the cause first to file is not about whether the closed directly or indirectly from the inven- most ridiculous strategies from independent first to invent will obtain the patent. As il- tor or a joint inventor. inventors who almost universally don’t un- logical as that sounds, they have a point. No- Looking at the proposed 102(b), it becomes derstand the requirements to prove they tice, however, that the Interference data clear that despite the claims of critics, there were the first to invent, see ‘‘Much Ado does clearly demonstrate there is no need is a grace period within S. 23. I find it sad, About Nothing,’’ so a simpler system that whatsoever for a first to invent system in yet amusing, that some who challenge the they can understand will no doubt benefit the United States. Thus, many who chal- bill simply refuse to quote 102(b), and even them. Small businesses and start-ups should lenge the first to file system don’t seem to outright claim ‘‘there is no grace period.’’ likewise file earlier in the process, and question that first to file is acceptable, but Obviously, there is a grace period. frankly that is why there is so much opposi- they do not like the loss of the familiar 12 The proposed 102(b) seeks to eliminate tion to first to file. month grace period. from the universe of prior art disclosures Small businesses and start-up companies The truth is, however, that relying on a 12 made by the inventor or which owe their do need a grace period to try and figure out month grace period is extremely dangerous, substance to the inventor. So if the inventor what to pursue, and the proposed grace pe- but it does have its place. As Bryan Lord cor- discloses his or her invention less than a riod should keep much of the law in its place rectly explains in ‘‘Crunch Time: Call Your year before filing a patent application, the [but] will not be as widespread as currently Senators on Patent Reform,’’ many start-up patent can still be awarded. If someone enjoyed. While resources are always limited companies rely on the grace period, which is learns of the invention from the inventor with start-ups, I think they incorrectly critical ‘‘to companies that rely upon exter- and discloses less than a year before filing a argue that there is an over-burdensome cost nal collaborations or have comparatively patent application, the patent can likewise in terms of both money and time associated limited resources.’’ There is absolutely no still be awarded. What is notably missing with filing provisional patent applications to argument with the fact that a grace period here are several things. First, a definition preliminarily protect rights. In fact, I have does factor into the equation for small busi- for ‘‘disclosure.’’ Second, an exception that offered to demonstrate just how the prepara- nesses and start-up companies that are applies to third-party activities where the tion and filing of streamlined provisional strapped for cash and already need to make third party acted without learning of infor- choices about how much, and which, innova- patent applications can be accomplished to mation from the inventor but yet did not file many of those making the argument that it tions to protect. I also like Lord’s ques- a first application themselves. So the grace tioning the rush to harmonize. I always like is too costly and time consuming to prepare period set up by proposed 102(b) excepts dis- quality provisional patent applications. As to point out that harmonization is fine, but closures (whatever they are) made by or why can’t we do what makes for a good sys- yet I have had no takers. So if cost and time through an inventor less than 1 year before are such concerns, why aren’t they willing to tem and not just what everyone else does. the inventor files, but does not extend to dis- Let’s harmonize what the world does better consider a better, faster, cheaper way? closures (whatever they are) made by others I think Bryan Lord’s call to reach out to and let’s lobby the world to adopt what our less than 1 year before the inventor files. system clearly gets right. your Senators is absolutely the right thing The proposed 102(b) is a departure from the to do. Get involved and be heard! Having said all of this, there is absolutely current law of novelty. Nevertheless, it is no reason why we cannot move from a first simply wrong to claim there is no grace pe- to invent system to a first inventor to file MUCH ADO ABOUT NOTHING OVER FIRST TO riod in an attempt to manipulate inde- FILE system that would still retain a real and sub- pendent inventors, small businesses and oth- (By Gene Quinn, President & Founder of stantial grace period and still retain the ers to support elimination of first to file. right for patent applicants to swear behind In any event, under the current 102(b), a IPWatchdog, Inc., Nov. 7, 2009) references to demonstrate an earlier date of patent applicant is entitled to a patent un- Just about 24 hours ago I posted an article invention, at least with respect to pieces of less—the invention was patented or de- relating to my changing position with re- prior art that are not the progeny of earlier scribed in a printed publication in this or a spect to first to file, and already there is filed patent applications. foreign country or in public use or on sale in something of a firestorm. I understand there Regardless of the disinformation that is this country, more than one year prior to the are those who feel I have abandoned them widespread, the currently proposed S. 23 date of the application for patent in the and adopted a naive view of the world. But does, in fact, have a grace period. The grace United States . . . excuse me for recognizing the new tone and period would be quite different than what we Under current 102(b) an inventor can create identifiable actions taking place at 600 have now and would not extend to all third their own bar to patentability as a result of Dulany Street. Yes, I have been an ardent party activities, but many of the horror sto- activity such as publication, public use in supporter of first to invent for years, but I ries say that if someone learns of your inven- the U.S. or sale in the U.S. if it occurs more have been questioning my views for some tion from you and beats you to the Patent than 1 year before a U.S. patent application time, as I speak with attorneys, inventors Office, they will get the patent. That is sim- is filed. A bar can likewise be created if a and others. Then several things recently ply flat wrong. caused me to realize the benefits of first to As it stands now, the currently proposed third party, either known or unknown to the file for the independent inventor commu- 102 in S. 23 says, in relevant part: inventor, engages in the same activity more than one year before a U.S. patent applica- nity, and then I heard USPTO Director David § 102. CONDITIONS FOR PATENTABILITY; NOV- ELTY tion is filed. What this necessarily means, Kappos explain that in 2007 only 7 cases were (a) NOVELTY; PRIOR ART.—A person shall be and has long been interpreted to mean, is decided in favor of an individual who in- entitled to a patent unless— that a patent can be awarded so long as the vented first and filed second. Kappos ex- (1) the claimed invention was patented, de- invention has not been patented, published, plained, ‘‘we already have a de facto first to scribed in a printed publication, or in public on public use in the U.S. or on sale in the file system.’’ All this arguing for 7 cases? use, on sale, or otherwise available to the U.S. for more than 1 year. The current 102(b) Cases where once the rule changes, behaviors public before the effective filing date of the provides a solid grace period that applies will change to the point where some, perhaps claimed invention; or across the board, the proposed 102(b) does most, or even all of those 7 cases will never (2) the claimed invention was described in not. happen again because everyone will know a patent issued under section 151, or in an ap- Independent inventors and start-ups are they need to file rather than wait. On top of plication for patent published or deemed rightly concerned about whether they will be that, it is inarguably good, correct, legally published under section 122(b), in which the able to enjoy a grace period relative to third sound and business-appropriate advice to file patent or application, as the case may be, party activities. They are rightly concerned sooner rather than later. names another inventor and was effectively to wonder whether the term ‘‘disclosure’’ in In a spirited comment chain associated filed before the effective filing date of the 102(b) would mean that the exception applied with the aforementioned first to file article claimed invention. to their own public use or sale activities, many supporters of first to invent are com- (b) EXCEPTIONS.— which is anything but clear. Inventors and ing out in force, and they don’t even realize (1) DISCLOSURES MADE 1 YEAR OR LESS BE- start-ups are also rightly concerned about they are making arguments that hardly sup- FORE THE EFFECTIVE FILING DATE OF THE whether they will be able to swear behind port their position and in fact support the

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1044 CONGRESSIONAL RECORD — SENATE March 1, 2011 exact opposite position. I would like to ad- book or invention record. It is almost unbe- ent application cooperatively created be- dress several here. lievable for me to hear patent attorneys tween inventor and patent attorney is ‘‘easy First, it seems that many believe it is not state that they prefer the notes of inventors, to get around’’ or at all inferior compared to appropriate to file provisional patent appli- scientists and engineers with respect to de- an invention notebook or invention record. cations because many of the applications tailing and describing conception over a pro- Stop looking at first to file as a curse. It that are filed are inadequate and insuffi- visional patent application. Every patent at- is an opportunity for inventors, small busi- cient. It has been brought up that an appro- torney and patent agent knows the level of nesses and start-ups that are willing to see priate and good provisional patent applica- detail that is provided by inventors, even opportunity rather than obstacles. Venture tion needs to be identical to a nonprovisional those who work for large corporations. The capitalists who are savvy and willing to ex- patent application, perhaps without having invention disclosures are as a rule laughably plore new methods and models for protecting been spell-checked. Obviously this is a gross inadequate. One paragraph passes for a early-stage technologies will be handsomely overstatement of the law, and not correct. It ‘‘complete’’ explanation of the invention. rewarded. Savvy independent inventors, is true that a provisional patent application The truth is that patent attorneys are typi- closely held businesses and businesses that needs to be as complete as a nonprovisional cally given very little from an inventor at are ordered to take direction from venture patent application in terms of disclosure, but the beginning of the process. In fact, inven- capitalists or lose funding will clean up, and nothing more. There are no formalities that tors give such little information that at clean up big. And for crying out loud, when need to be met, and it is the substance that times the true inventor on the patent appli- only 7 cases out of nearly 500,000 applications matters. Nonprovisional patent applications cation that is actually filed should really be a year change as a result of first to file exalt form over substance in large part, but the patent attorney, not the inventor. That versus first to invent, there is no way that a good provisional patent application needs is obviously not always the case, but this is first to file will cripple the economy or cost to focus on substance. Whatever someone of the big joke in the patent attorney commu- jobs. skill in the art would understand to be de- nity. Getting information from inventors is Mr. KYL. I would urge my colleagues scribed and disclosed has been described and a little like herding cats. They are creative disclosed. So those who think they need to to fully participate in this debate, and they understand their invention, and come to the floor with any questions or write a nonprovisional patent application they seem to universally believe that cryptic and file it as a provisional are overstating, information ought to suffice. Remember, the comments they have, and at the end of don’t understand the law or have not devel- goal is not to explain the invention so that this process Chairman LEAHY will fi- oped a sophisticated strategy. But don’t the inventor understands, the goal is to ex- nally be rewarded with a bill that will vilify those who do understand the law, busi- plain the invention so that those who are not bear his imprimatur and support, a bill ness realities and have developed fundamen- the inventor understand. that will be extraordinarily important tally sound strategies. It borders on the absurd to prefer cryptic Second, there seems to be a belief that to the future well-being of the people of invention notes and invention records over first to invent can be relied upon while pro- the United States of America. provisional patent applications that are visional patent applications are inappro- Mr. LEAHY. Mr. President, the Sen- drafted by an attorney or agent who under- priate to rely upon if an invention matters. ator has been involved in this right stands the legal requirements for providing But what exactly does this mean? If you rely an enabling disclosure that also satisfies the from the beginning. We have worked at on first to invent and are operating at all re- written description requirement. It also having a bill that would be in the best sponsibly you are keeping an invention note- strikes me as particularly odd to say that interests of the Senate under both Re- book that will meet evidentiary burdens if those with nothing more than an idea will publicans and Democrats across the po- and when it is necessary to demonstrate con- not have any time to figure out the particu- ception prior to the conception of the party litical spectrum. We have worked very lars required to describe their invention. who was first to file. You are also keeping an closely together. Why exactly are we worried that those with- invention record that will demonstrate dili- We run the risk of countries in Asia out an invention may be impacted by first to gence as well, but let’s focus on the sub- and Europe out-innovating the United file? They are already negatively impacted stance of what is in the notebook or record under first to invent because they have not States, and the patent systems in other for a moment. Appropriate notebooks and/or yet invented and have no conception. countries are well ahead of us. If we invention records will be able to identify Most are undoubtedly familiar with the 80– want to compete, as I know the Sen- conception and when it occurs. Of course you 20 rule, which goes something like this—it ator from Arizona does, and I know I never want to box yourself in when you takes 20% of the time to complete 80% of the present evidence to say a date certain was do, we want to have the best tools to project, and the remaining 20% of the project the date of conception, but you had better compete. I believe Americans can com- takes 80% of the time to complete. That is have an appropriate record for if and when it pete with any country in the world, but true certainly with respect to software, does matter, as it did in Oka v. Youssefyeh, they should at least have the tools to which is my area of expertise, and it is true where the senior party and junior party both for many other areas of invention. It also do it and be able to play—it becomes were able to prove the same date of concep- happens to be true for writing patent appli- almost a clich, but we have to play on tion. Ultimately the Federal Circuit said any cations as well, at least if you think outside a level playing field. This will allow us ties go to the senior party, so it is not fan- the box and adopt a business friendly ap- to do that. ciful to identify an oddball fact pattern proach to writing patent applications, min- I compliment the Senator from Ari- where actual dates matter. Here is a real case, and given the extremely limited num- ing inventions, and identifying open space zona for the way he has worked in his ber of interference proceedings even one case that can be filed. I realize that somewhere constant efforts in the committee, the is a statistically relevant sample. between 70–80% of patent attorneys and pat- public meetings, but that is the tip of Now, if you are relying on first to invent ent agents start by writing the claims, and the iceberg; it is the hundreds of hours and keeping the records that you should be then write the specification. I do it the other of behind-the-scenes working to reach keeping, your invention notebook or inven- way, and I can’t for the life of me understand those who write claims first. It is not wrong, where we are. So I hope sometime in tion record will detail, describe, identify and the next few minutes or so we can at date conception so that others skilled in the just a different approach, but not the way I art will be able to look at the notebook/ think. least vote on the managers’ package record and understand what you did, what I write text and then translate into claim and then get going with the bill, be- you knew, and come to the believe that you language, which I find much easier to do. By cause this is something that can be did in fact appreciate what you had. If you doing this, and starting with a thorough pat- voted on, can be passed. We have been have this, you have provable conception. If ent search, patentability assessment, some working, as the Senator from Arizona you have provable and identifiable concep- mapping, and working with the inventor to knows, very closely with our counter- continually refine understanding of what is tion, you also have a disclosure that informs parts in the other body. I know Chair- and supports the invention. It is pure folly to most unique compared with the prior art, I man SMITH would like to move quickly. suggest that a provisional patent applica- am able to identify the base target, describe tion, albeit perhaps not as formally struc- it in English, layer on specifics that take the We could have a bill on the President’s tured as a nonprovisional patent application, form of alternative embodiments and desk in a relatively short time. is a waste of time but also believe that the versions and ultimately create an extraor- I thank the Senator for his kind cryptic notes of an engineer or scientist are dinarily detailed specification that will sup- words. superior and even preferable. If the notebook port a multitude of claims. To do this takes Mr. KYL. I thank the chairman of provably demonstrates conception then it about 20% of the time. The remaining 80% of the committee. can be filed as a provisional patent applica- the time is spent explaining how hip bone 15 The ACTING PRESIDENT pro tem- tion at least for the purpose of staking a is connected to thigh bone 18, writing sets of pore. The Senator from Louisiana. claim to the conception that is detailed with claims, and going back to continue to expand AMENDMENT NO. 112 enough specificity to later support an argu- upon the disclosure to continually mine new ment in a first to invent regime. areas and expand scope. I do not support fil- Mr. VITTER. Madam President, I ask Finally, let me address the matter of what ing crappy provisional patent applications, for regular order on the Vitter amend- gets included in a typical invention note- and it doesn’t mean that a provisional pat- ment.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1045 The ACTING PRESIDENT pro tem- simply to service the debt. So the un- Mr. VITTER. Yes. We will be seeking pore. The amendment is now pending. derlying Toomey bill, which is the a single vote on the amendment, as Mr. LEAHY. Madam President, I heart of this amendment, says we will modified. thought the amendment pending is the make good on those obligations. They Mr. LEAHY. So am I correct that managers’ amendment. will be the top priority. amendment No. 113 is withdrawn? The ACTING PRESIDENT pro tem- The original Vitter amendment, The ACTING PRESIDENT pro tem- pore. The Senator from Louisiana has which is now merged together with the pore. It is not withdrawn at this time. just called for the regular order with Toomey amendment, says the exact Mr. VITTER. First of all, as I under- respect to his amendment. same thing with regard to Social Secu- stand it, it has been modified, so it has AMENDMENT NO. 112, AS MODIFIED rity payments. I am sure we would all become—— Mr. VITTER. Madam President, I agree that seniors on fixed incomes de- Mr. LEAHY. You modified No. 112. I now send a modification to the desk. pend on their Social Security checks. didn’t know what you wanted to do The ACTING PRESIDENT pro tem- So the Vitter part of this now merged with amendment No. 113. pore. The amendment is so modified. Toomey-Vitter amendment says we Mr. VITTER. If I could yield to my The amendment, as modified, is as will honor Social Security payments in colleague from Pennsylvania, I think follows: the same status as debt payments and he can help answer the question. But to we will use Federal revenues first for clarify from my point of view, we are At the appropriate place, insert the fol- those purposes before we do anything lowing: seeking a vote—a single vote, which I else. What that means is, if we ever do think we are very close to locking in— SEC. lll. FULL FAITH AND CREDIT ACT. bump up on the debt ceiling, we would (a) SHORT TITLE.—This section may be on the new modified amendment, which cited as the ‘‘Full Faith and Credit Act’’. not stop Social Security checks the is a combination of the separate Vitter (b) PRIORITIZE OBLIGATIONS ON THE DEBT next day. We would not stop Social Se- and Toomey amendments. HELD BY THE PUBLIC.—In the event that the curity checks the next month. We Mr. TOOMEY. Madam President, I debt of the United States Government, as de- could have many weeks—probably a thank my colleague for yielding. I fined in section 3101 of title 31, United States few months—honoring all of those com- would say that as soon as we can work Code, reaches the statutory limit, the au- mitments in the areas of Social Secu- out the specifics with the staff, that is thority of the Department of the Treasury rity and debt on U.S. Treasury notes. exactly the intention that Senator provided in section 3123 of title 31, United So that is the purpose of this now VITTER and I came to. So a single vote States Code, to pay with legal tender the merged Toomey-Vitter amendment. We principal and interest on debt held by the on the merger of two amendments. public shall take priority over all other obli- are not suggesting that it is nec- I would take a moment to thank Sen- gations incurred by the Government of the essarily a good idea to bump up the ator VITTER for his help. Senator United States. debt ceiling. We are saying, Let’s all VITTER was kind enough to offer the (c) PRIORITIZE PAYMENT OF SOCIAL SECU- take a deep breath, let’s not use scare text of my legislation as an amend- RITY BENEFITS.—Notwithstanding subsection tactics, let’s not use hysteria, and let’s ment to the patent reform bill. What (b), in the event that the debt of the United plan ahead. he is adding is suggesting that the leg- States Government, as so defined, reaches What we hope will be the outcome is islation should require the Treasury to the statutory limit, the authority described that we will not only deal with the in subsection (b) and the authority of the prioritize not only the debt service so debt ceiling in a responsible way, but we can avoid under all circumstances a Commissioner of Social Security to pay before that, we will also deal with our monthly old-age, survivors’, and disability default by the U.S. Government, but insurance benefits under title II of the Social underlying fiscal crisis in a responsible also making sure Social Security pay- Security Act shall be given equal priority way. We will make real and serious ments get the priority they deserve. over all other obligations incurred by the budget reforms to get on a fiscally sus- The fact is, in the unlikely—and I Government of the United States. tainable path which we are clearly not would say certainly unfortunate— Mr. VITTER. Madam President, I on right now. event that we were to reach the debt This morning Senator TOOMEY and I will be happy to explain the context to limit without having raised it, the Fed- were in the Banking Committee hear- the chairman of the committee. eral Government would still take in ing where Chairman Ben Bernanke of This modification simply merges more than enough revenue to pay all of the Federal Reserve testified. Chair- what was previously a separate the interest service on the debt and all man Bernanke said again, as he has nu- Toomey amendment and a separate Social Security benefits. It is entirely merous times over the last year and Vitter amendment. We had hoped to manageable from an operational and more, that the fiscal path we are on as have votes on those as a first-degree functional point of view. Total revenue a Federal Government is completely and second-degree amendment. That to the government from taxes alone is unsustainable. He also said that is the wasn’t possible, so this is a merged on the order of 70 percent of all ex- single biggest long-term threat to our amendment. Let me explain what this economy, and he also said while it is a pected expenditures. Debt service is amendment does. long-term problem, it could manifest only about 6 percent. The basis of this amendment is Sen- I appreciate the help of the Senator itself in serious negative consequences ator TOOMEY’s Full Faith and Credit from Louisiana. By combining this, in the short term. So this could rattle Act. It is very important. It simply our economy and even begin to create what we do—if we can pass this legisla- says if we ever as a country reach our an economic crisis—who knows when— tion, which I hope we will—is take off debt ceiling, then even if we go beyond possibly in the short term. the table the specter of a default. We the debt ceiling, we will use all the So the clock is ticking and we need can take off the table the specter of tools available to the Treasury Sec- serious budget reform, and this com- any senior citizen not getting their So- retary to continue for as long as pos- bined Toomey-Vitter amendment cial Security payment. What we can sible to pay to make good on U.S. debt, would take the hysteria out of the dis- then do is have an honest discussion we are not going to immediately de- cussion and hopefully urge us to take about how are we going to reform a fault on U.S. debt. concrete action on that serious budget process that has gotten us into this There have been a lot of scare tac- reform before it is too late. fix—gotten us to the point where we tics, in my opinion, suggesting that if With that, I wish to yield to my dis- are running a deficit of 10 percent of we ever reach that day of bumping up tinguished colleague from Pennsyl- GDP, where our total debt is screaming against our statutory debt ceiling, the vania. toward totally unsustainable levels. very next day, the very next hour, the Mr. LEAHY. Madam President, be- I can tell my colleagues, the folks in United States would default on its fore he does that, would the Senator Pennsylvania know very well we can- debt—not make good on our obliga- yield for a question? not continue living beyond our means tions of the U.S. Treasury. That isn’t Mr. VITTER. Yes. as this government has been. I see this true. It doesn’t have to be true. This Mr. LEAHY. The Senator from Lou- as a very constructive, important op- important reform will ensure that it is isiana has been talking about amend- portunity to begin to have this discus- not true. We get far more revenue into ment No. 112. Does that mean you are sion about how we are going to get this the U.S. Treasury than has to be spent withdrawing 113? process under control.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1046 CONGRESSIONAL RECORD — SENATE March 1, 2011 I appreciate the help from Senator say we are not going to take the money We don’t do anything with oversight. VITTER, and I yield. people use to pay for a patent applica- We still have the oversight capability Mr. VITTER. Madam President, I tion and spend it somewhere else; we of all the Appropriations Committees. thank my distinguished colleague. are actually going to spend it on pat- We have the ability to change this in Again, this amendment, as modified, ent applications. That is what it was the future in terms of their fee setting. simply says that if we were ever to set up for. If we do the proper oversight, we will reach the statutory debt limit for the Quite frankly, it is immoral to take spring forward with tremendous new Federal Government, then revenue money for a specific purpose for technology that is protected and en- coming in would go first to service two advantaging an American company or able that capital expenditure that was things: Social Security checks and in- inventor or a university and not apply spent to get that technology to flour- terest on the Federal debt. So that that money for the intended purpose ish in terms of American jobs. would not be put in jeopardy for under the statute. Although this is Again, I thank the chairman. He months down the line. controversial, most Americans would worked with me judiciously. It has The purpose of this amendment is to think, if you are paying $10 on a toll been a pleasure to work with him. I try to take, quite frankly, some of the road, the money is going to keep the thank him for his efforts on my behalf scare tactics and some of the hysteria toll road up. Yet we haven’t been doing and that of the American inventors in out of the debate and to urge us to act. that with the Patent Office. this country. None of us wants to bump up on the We are in trouble not because of our Mr. LEAHY. Madam President, the debt ceiling. None of us is advocating Patent Office but because we have not Senator raised some questions with that. What we are advocating is to enforced intellectual property rights me, both in committee and out of the take action now, real serious budget owned by Americans around the world. committee, with respect to each oth- reform, to put us on a more fiscally So as we work on getting a patent bill er’s positions. I appreciate his work in sustainable path. We need to do that and blending it with whatever the the committee to expedite getting the now. That is why we came to the floor House passes, it is as important— bill out of the committee. Like him, I again, I thank the chairman because he with these concerns on the patent bill. believe it is extraordinarily important was kind enough to have a hearing on We need to do that now. We need to act to level the playing to allow American the intellectual property for us, in now. We need to get on a fiscally sus- innovators to compete in the world and terms of its enforcement. tainable path now. The clock is tick- There are two key points for Amer- within our country. I compliment the ing, as Chairman Bernanke reminded ican innovation to bring jobs to Amer- Senator and, as he knows, I have in- us before the Banking Committee this ica. One is when you get a good idea cluded his proposal in the managers’ morning. and have an ability to get it patented amendment because I thought it was a With that, I look forward to locking and can defend the patent. The other good proposal. in a vote on this matter, and in the side of that is to enforce that patent Madam President, I ask unanimous consent that establishes that, we will throughout the world with our own consent that the time until 5 p.m. be be happy to withdraw the other amend- Justice Department, in terms of our for debate on the Leahy-Grassley ment and simply have one vote on the State Department and in terms of the amendment No. 121, as modified, which now combined Toomey-Vitter amend- intellectual property rights. I believe is pending, and the Vitter for ment. It is amazing how much of our intel- Toomey amendment No. 112, as modi- With that, I suggest the absence of a lectual property is being stolen by fied, en bloc, and divided between the quorum. China today. I wish to relate a con- two leaders or their designees; that The ACTING PRESIDENT pro tem- versation I had with their Secretary of upon the use or yielding back of time, pore. The clerk will call the roll. Commerce—their equivalent to ours— the Senate proceed to a vote in rela- The bill clerk proceeded to call the in China 3 years ago. I asked him about tion to the Leahy-Grassley amendment roll. intellectual property rights. He was No. 121, as modified; that upon disposi- Mr. COBURN. Madam President, I bold in his statement to say: We are tion of the Leahy-Grassley amend- ask unanimous consent that the order not going to honor them. We are a de- ment, the Senate vote in relation to for the quorum call be rescinded. veloping nation and you would not the Vitter for Toomey amendment No. The ACTING PRESIDENT pro tem- have honored them either—even 112, as modified; that the motions to pore. Without objection, it is so or- though they are a signatory to the reconsider be considered made and laid dered. World Trade Organization. It is impor- upon the table with no intervening ac- Mr. COBURN. Madam President, I tant we understand whom we are deal- tion or debate; and that there be no wish to thank the chairman of the ing with—people who will cheat and amendments in order to any of the committee for his work on this patent steal intellectual property from Amer- amendments listed in this agreement bill. I still have a few small problems ica. Fixing the patent apparatus will prior to the vote; further, that the with it, but I am extremely grateful for help us get there, but it is just as im- Vitter amendment No. 113, as modified, his consideration of our amendment. portant to have tough laws on our be withdrawn. Most people don’t understand there are books that create sanctions on nations The ACTING PRESIDENT pro tem- no tax dollars taken from the general that do not honor intellectual prop- pore. Without objection, it is so or- fund for the Patent Office. It is all fees erty. dered. paid when you file a patent or a trade- Again, this is a simple, straight- Mr. LEAHY. Madam President, I sug- mark or a copyright. Unfortunately, forward, moral response to an immoral gest the absence of a quorum, and I ask over the last 10, 15 years, $800 million act: collecting fees for something and unanimous consent that the time be of those fees have not been left at the not spending it on that, which has put charged equally. Patent Office. They have been taken us behind the curve. This will bring us The ACTING PRESIDENT pro tem- and used somewhere else. So when you back. We have a wonderful new Direc- pore. Without objection, it is so or- pay a fee for a patent, that money isn’t tor, over the last 18 months, in the Pat- dered. The clerk will call the roll. going to pay for the examination of the ent Office. It is being run better than The assistant bill clerk proceeded to patent. ever. They are catching up. But last call the roll. Right now, we find ourselves with year we took $53 million of the fees Mr. LEAHY. Madam President, I ask 718,000 patents waiting for first action. that were for patents and spent it else- unanimous consent that the order for If I file a patent today, what we will where. What this amendment does is the quorum call be rescinded. see is that 26 months from now my pat- stop that. The ACTING PRESIDENT pro tem- ent will have first action—the first It may come to a time in this bill pore. Without objection, it is so or- reading by an examiner. that we allow the Patent Office to set dered. If we want to create jobs and stay on their fees. It will come to a time when The Senator from Iowa. top of the world in terms of innovation, we have to say: Wait a minute. You are Mr. GRASSLEY. Madam President, I we cannot allow that process to con- charging too much. You have to be would like to express my strong sup- tinue. So what the amendment does is more efficient. port for Senator COBURN’s proposal to

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1047 end Patent and Trademark Office fee accessible and efficient for America’s charity so somebody would actually diversion. It is a commonsense, entre- innovators. see it? This would be one one-hundred preneur friendly solution to many of By ending fee diversion and allowing thousandth of 1 percent, according to the problems plaguing the Patent and the Patent and Trademark Office to the Treasury. The last time we had a Trademark Office. structure its own funding model, re- shutdown, I just voluntarily gave Over the years, we have heard numer- sources would be directly allocated to $4,000, $5,000 to charity. Would it not ous complaints from constituents areas of most concern for both the Pat- make a lot more sense, and actually about the long time it takes the Patent ent and Trademark Office and Amer- people might get some benefit from it, and Trademark Office to review patent ican innovators. The Coburn proposal especially places such as homeless applications and render a final disposi- does both, and ensures that the ever shelters? They are going to be hurt by tion. It is my understanding that in expanding backlog of unexamined pat- a government shutdown. Why not do most cases, it takes almost 3 years for ent applications and the timeframe for something where they would get the the Patent and Trademark Office to actual examination would be addressed money directly? make a final decision on an application in an efficient manner. It is time for Mrs. BOXER. That is a good idea. which can be costly to the applicant. Congress to take action and allow the The reason I have done it this way is We have also heard from Patent and Patent and Trademark Office to con- because I am trying to say that we in Trademark Office officials about the trol the user fees that we think they the Senate and in the House have an difficulties that have arisen because of deserve so they can effectively serve obligation to keep the government run- their lack of control over the agency’s our Nation’s inventors and small busi- ning, and we should be treated just like funding model. There are 1.2 million nesses. other Federal employees. That is the patent applications currently pending Madam President, I suggest the ab- simplicity of this legislation. We can- at the Patent and Trademark Office sence of a quorum. not force a Member to give money to but not enough resources to tackle the The ACTING PRESIDENT pro tem- charity. workload. The patent application back- pore. The clerk will call the roll. Mr. LEAHY. We could, actually, by log situation, while improving, is still The assistant bill clerk proceeded to saying either return it to the Treasury a significant problem. call the roll. or give an equal amount to charity and Senator COBURN’s proposal strikes at Mr. GRASSLEY. Madam President, I file with the Secretary of the Senate to the heart of both of these concerns by ask unanimous consent that the order which charity they gave it. creating a revolving fund at the Treas- for the quorum call be rescinded. Mrs. BOXER. Again, that is treating ury Department where patent and The ACTING PRESIDENT pro tem- us differently than other Federal em- trademark fees that are paid to the pore. Without objection, it is so or- ployees. That would be a tax writeoff. Patent and Trademark Office are di- dered. Mr. LEAHY. Not if one gives the full rectly allocated back to the office. Mr. GRASSLEY. I ask unanimous amount. Mrs. BOXER. It is a tax writeoff to That way those funds can be utilized in consent that the quorum call be equal- give to charity. All I am saying is that a fashion most beneficial to inventors, ly charged to both sides. is certainly another option if my friend The ACTING PRESIDENT pro tem- small businesses, and academic institu- wanted to change it. pore. Without objection, it is so or- tions. I just think it is simple. We just want At his confirmation hearing in 2009, dered. to be treated the same as other Federal Mr. GRASSLEY. I suggest the ab- Patent and Trademark Office Director employees, and that is how I have sence of a quorum. David Kappos told the Judiciary Com- structured it. mittee that one of the most immediate The ACTING PRESIDENT pro tem- I spoke about this issue this morn- challenges facing the office was ‘‘the pore. The clerk will call the roll. ing. I wrote this bill with the support The assistant bill clerk proceeded to need for a stable and sustainable fund- of CASEY, MANCHIN, TESTER, NELSON of call the roll. ing model.’’ The financial crisis affect- Nebraska, BENNET, WARNER, WYDEN, Mrs. BOXER. Madam President, I ask ing the Patent and Trademark Office is COONS, HARKIN, HAGAN, MENENDEZ, unanimous consent that the order for a direct result of its current funding STABENOW, MERKLEY, and ROCKE- the quorum call be rescinded. structure. The Patent and Trademark FELLER. There is a growing consensus Office receives no taxpayer funds—it is The ACTING PRESIDENT pro tem- that we want to avoid a shutdown at solely funded by patent and trademark pore. Without objection, it is so or- any cost. I am hoping we will avoid it. user fees. Yet, those fees are not depos- dered. There could come a moment where it is ited within the Patent and Trademark MEMBERS’ PAY forced upon us. There are lots of sto- Office. They are instead diverted to the Mrs. BOXER. Madam President, I ries—who will get the blame for this, Treasury Department, forcing the Pat- think the managers are aware that I that, and the other. To me, that is not ent and Trademark Office to ask for am going to make a unanimous con- important. What is important to me is funds generated by their own office to sent request shortly on a bill that deals that we sacrifice—we in the Senate and be appropriated back to them. with Members’ pay in the event of a in the House as well. The Patent and Trademark Office government shutdown. I have been told I am hopeful that if we get this done often requests lower than the amount we are waiting to see—there is appar- and send this over to Speaker BOEHNER generated by patent and trademark ently one objection on the Republican that he will get it through his body fees, which results in any extra fees side. If we can clear it, then this will be over there, and we can get this done being diverted by Congress to address passed. If not, then I will be back later and send it to the President. It impacts ‘‘general revenue purposes.’’ In fact, to make the same request. the President too. We say the Presi- since 1992, Congress has diverted more I say to my friend from Vermont and dent cannot get paid either because the than $750 million from the Patent and my friend from Iowa that I support the deal is we have to work with the Presi- Trademark Office. managers’ package. It is terrific. One dent to come up with a compromise. For example, as recent as 2007, 12 of the things in there is a Coburn- Senator LEAHY has a good sugges- million user-fee generated dollars were Boxer amendment that would keep the tion. Some people might like that op- diverted from the Patent and Trade- patent fees in the Patent Office. I am tion better. I believe this should be mark Office for ‘‘other purposes.’’ With so glad the chairman sees it that way kept very simple; that in the case of a 1.2 million patent applications pend- because we have such a tremendous government shutdown we are treated ing—735,000 of which are simply wait- backlog. the same way as other Federal employ- ing for a patent examiner to take a I will be happy to yield to my friend. ees. The reason we have to do this is first action—it is clear that the Patent Mr. LEAHY. Madam President, I Members of Congress and the President and Trademark Office is in dire need of wish to ask a question about the pro- are paid by separate statute rather those funds. I believe those fees belong posal that the Senator from California than by the annual appropriations to the Patent and Trademark Office will make on pay, which is fine with process. We have to pass a separate and are needed by their offices to make me. Can we not have an alternative in statute on this issue. It is a very sim- the patent and trademark process more the bill that we give the money to ple bill.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1048 CONGRESSIONAL RECORD — SENATE March 1, 2011 Again, I hope we never have to come a shutdown or failure to raise the debt the face of it violates the Constitution. to this, where we have any type of a ceiling. I am not talking about Members of shutdown. Maybe this bill will make There are definitely standing ques- Congress. As I said, the last time we some colleagues who believe they will tions, and we are told that only the had a shutdown I took whatever was be protected from sacrifice realize it is President would be able to challenge my amount and added it to the thou- painful. It is painful for a lot of people. this legislation in a court of law. sands and thousands of dollars I give Certainly, it would be painful if some- Mr. LEAHY. But you are saying that every year to charity. I added it to body on Social Security or disability even though it goes directly against that. But in this case, you go against cannot get their payment. It is painful the Constitution, which says his com- article 2 by decreasing the President’s if veterans who are on disability do not pensation shall neither be increased salary. get their check. It is certainly painful nor diminished during the period for Mrs. BOXER. No, we do not. if a citizen is planning a trip and can- which he shall be elected, that unless Mr. LEAHY. Of course you do. not get a passport. It is painful if he objected—well, by the same token, Mrs. BOXER. We are not changing a Superfund sites cannot be cleaned up. why couldn’t we raise the pay of a penny of the President’s pay. What we It is painful if there is, God forbid, an President unless he objected? are saying is, in the event of a govern- oil well explosion because we did not Mrs. BOXER. Well, I will repeat what ment shutdown, he will be treated the have people there to inspect the oil I said. This legislation— same way other Federal employees are well. Mr. LEAHY. It seems to be a total treated and be treated in the same way For our business people who are gov- violation of the Constitution. we are treated. He can determine if he ernment contractors it is painful if Mrs. BOXER. This legislation, as wants to challenge this in a court of they do not get paid. Export licenses drafted, does not increase or decrease law. must be granted, and our troops should the salary. If you withhold it, and if We hope we don’t ever face this. So be paid. So there is no reason why we the President felt that was a violation, we are not in any way changing his sal- should shut down this government, and he himself would have to challenge it. ary. We hope never to have to use this. I am very hopeful we will have unani- Mr. LEAHY. But we have some re- Mr. LEAHY. So is the Senator saying mous consent to do it. sponsibility in this body to actually we set the right example by passing a I have a parliamentary inquiry to pass laws that are constitutional. It bill which, on the face of it, violates ask the Chair: Is it true that we no would, if there were a shutdown, and if the Constitution, but it is okay unless longer have secret objections here; that upon a per-diem basis his salary was somebody challenges it? a person has to identify themselves if decreased, why isn’t that de facto a Mrs. BOXER. No, I am not. I will re- they are objecting? violation of the Constitution? iterate again what I said, which is this: The ACTING PRESIDENT pro tem- Mrs. BOXER. Because we are not We do not increase or decrease the pore. There are provisions that address changing—diminishing—his salary. President’s pay. people objecting to unanimous consent Mr. LEAHY. Of course you are. Mr. LEAHY. You just cut it for those requests. Mrs. BOXER. It is only in the case of days. Mrs. BOXER. So would I be correct if an extraordinary event—a government Mrs. BOXER. Can I finish? I let you I said that if someone objects, we shutdown. talk. Now I think I have a turn. I don’t would know who that individual is so Mr. LEAHY. The Constitution have a legal degree, my friend has. It is we can speak with that individual? You doesn’t say anything about an extraor- common sense. It seems to me it is a said there are provisions. Could you be dinary event. question of fairness. Those of us who more specific about that? Mrs. BOXER. The Senator may op- are responsible for keeping this govern- The ACTING PRESIDENT pro tem- pose it. ment open— pore. If the Senator will hold for a Mr. LEAHY. That is not my question. The ACTING PRESIDENT pro tem- minute. Mrs. BOXER. I will repeat. We don’t pore. The Senator’s time has expired. Mrs. BOXER. Certainly. diminish, we withhold it during a pe- Mrs. BOXER. Then I will finish this The ACTING PRESIDENT pro tem- riod of a government shutdown or a thought. pore. We will get the provision and failure to raise the debt ceiling. There We are responsible to keep this gov- read it to you. is a reason we do it. It is very rare we ernment open. If we fail to do that, we Mr. LEAHY. While the Senator is have a government shutdown, but, in ought to be punished. waiting for that, if I might ask the my view, and in the view of the cospon- I am going to make a unanimous con- Senator a question. sors, this is a major function of our sent request at this time, and I under- Article 2 of the Constitution says: body and of the President—to avert a stand there is an objection. The President shall, at stated times, re- government shutdown. We don’t think I suggest the absence of a quorum. ceive for his services, a compensation, which it is fair to treat some people dif- The ACTING PRESIDENT pro tem- shall neither be increased nor diminished ferently than others. If other Federal pore. The clerk will call the roll. during the period for which he shall be elect- employees are going to get their pay Mrs. BOXER. Madam President, I ask ed. cut and your Social Security recipients unanimous consent that the order for Would the Senator’s amendment be don’t get their checks, we think the the quorum call be rescinded. constitutional under that provision? Congress and the President ought to The ACTING PRESIDENT pro tem- And remember that we voted to in- have a bite taken out of their pay as pore. Without objection, it is so or- crease the pay of the President when well. dered. President Clinton—if I could have the Mr. LEAHY. I don’t disagree with Mrs. BOXER. Madam President, I attention of the Senator— anything the Senator is saying, but have just been told a Republican col- Mrs. BOXER. I know this issue, yes. how do you get—it would be like reduc- league objects to this. I don’t under- Mr. LEAHY. Between the time when ing a judge’s salary. The Constitution stand why. I don’t think it is a con- President Clinton was in office, but it specifically prohibits that. You say it stitutional objection. I don’t know the did not take effect until President is not reducing, but of course it is. If reason. George W. Bush came in and it doubled you say we are shut down 5 days, take The ACTING PRESIDENT pro tem- the salary for President Bush but not whatever percentage 5 days of the pore. The Senator is out of time. President Clinton. How do you, by stat- President’s annual salary is, you with- Mrs. BOXER. Madam President, I ask ute, change, even for a matter of days, hold it—you are not going to give it unanimous consent to make my re- a Presidential salary? Doesn’t it vio- back when the government comes back quest. late article 2 of the Constitution? into service—you have decreased his The ACTING PRESIDENT pro tem- Mrs. BOXER. We did check this with salary. pore. The Senator from Louisiana. legal counsel, and they told us that the I am not suggesting not doing it for Mr. VITTER. On behalf of Senator legislation, as drafted, does not in- the Congress, but I don’t see how—I am COBURN, I object. crease or diminish the annual salary of not sure what kind of example we set if The ACTING PRESIDENT pro tem- the President. It withholds pay during we pass a piece of legislation which on pore. Objection is heard.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1049 Mrs. BOXER. Madam President, I bill. I am not going to pay China before Senator VITTER and I have taken this suggest the absence of a quorum. I pay people. step so we can have an honest discus- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- sion about how we are going to bring pore. The Senator does not have pore. The Senator has no time. The this spending under control and the enough time under her control to sug- Senator’s time has expired. process reforms we are going to make gest the absence of a quorum. Mrs. BOXER. I ask unanimous con- so we can hopefully get off this The Senator from Louisiana. sent that the Homeland Security and unsustainable path and get on a sus- Mr. VITTER. Madam President, I rise Governmental Affairs Committee be tainable trajectory for the economic in strong support of the Toomey-Vitter discharged from— growth we need. That is ultimately amendment, which we will vote on in The ACTING PRESIDENT pro tem- what this measure is all about. It sim- the series of two votes starting at 5 pore. The Senator’s time has expired. ply says that in the event we reach the p.m. The idea behind the Toomey- Mrs. BOXER. I ask unanimous con- debt limit without having raised it Vitter amendment is very simple. It sent to speak to make a unanimous first—and let’s face it, we have been says if we ever reach the debt ceiling, consent request. there before. This has happened in the the government, as a top first priority, Mr. VITTER. Madam President, I past. In the last 20 years, it has hap- will use revenue to pay two things: think I control the floor and I yield to pened on several occasions. So it is en- first, proper interest payments on our the Senator from Pennsylvania. tirely possible that, despite the best ef- U.S. Government debt; and secondly, The ACTING PRESIDENT pro tem- forts of those of us who want to avoid Social Security checks to seniors. pore. Is there objection to the Sen- it, it could happen again. The motivation behind this amend- ator’s request for unanimous consent If it were to happen again, we want ment is simple. First, those two things to make a unanimous consent request? to make sure that we have no default should be legitimately a top priority. Mr. VITTER. I object. on our debt, that interest is paid, and No one should want the U.S. Govern- The ACTING PRESIDENT pro tem- that Social Security checks go to the ment to default on its debt and no one pore. Objection is heard. recipients as they should. There will be should want the immediate stoppage, Mrs. BOXER. I want an answer, plenty of resources from ongoing tax or the stoppage at any time, of Social please, to my question: Can people ob- revenue to make sure that happens, Security checks to seniors. So first, it ject to a unanimous consent request and anything less would be very irre- is legitimate to rank those two func- without saying who they are, No. 1? sponsible. tions as an absolute top priority. And No. 2, what is the parliamentary I urge my colleagues to vote in favor The second motivation behind this procedure here? of this amendment. amendment is to take some of these The ACTING PRESIDENT pro tem- DAMAGES LANGUAGE scare tactics and hysteria out of this pore. The Senator from Louisiana ob- Mrs. FEINSTEIN. Madam President, debate. Too many people, in my opin- jected to the unanimous consent re- I commend the chairman of the Judici- ion, have been saying if we ever reach quest on behalf of the Senator from ary Committee for his hard work in the debt ceiling, the next day all Social Oklahoma, Senator COBURN. The Sen- putting together this managers’ Security checks will stop and all pay- ator from Louisiana objected to the ex- amendment and building consensus for ments will stop on U.S. Treasury tension of the unanimous consent re- this bill. Part of the managers’ amend- bills—on government debt. That is not quest for additional time on his own ment strikes most of section 4 of the true. There is no reason it has to be behalf. bill, relating to damages. As the chair- true. This amendment, when passed Mrs. BOXER. So it is the Senator man knows, I worked very hard on the into law, will ensure it is not true. It from Oklahoma, Senator COBURN, who ‘‘gatekeeper’’ damages language in this will ensure we look at this situation objects to the bill we have that would section of the bill. That language rep- with focus and calmness and not resented a compromise between high- hysteria and scare tactics. say we don’t get paid in the case of a The goal, I am certain—and I know it shutdown; is that correct? Senator technology companies, many located in my State of California, which believed is for Senator TOOMEY, my distin- COBURN is objecting to that? guished colleague from Pennsylvania— The ACTING PRESIDENT pro tem- that the law relating to patent dam- is not that we not default on our debt pore. That is the Chair’s under- ages needed reform, and other inter- and not that we reach the debt ceiling, standing. ests, including universities, biotech, but it is that we take strong, respon- All time remaining is under control pharmaceutical companies, and small sible action well ahead of any threat- of the minority. inventors, who were greatly concerned ened event to put us on a fiscally sus- Mrs. BOXER. Thank you. that the preferred solution of the high- tainable path. The ACTING PRESIDENT pro tem- technology companies, namely appor- Just this morning, both Senator pore. The Senator from Pennsylvania. tionment of damages, would be de- TOOMEY and I were in a hearing of the Mr. TOOMEY. Madam President, I structive to the value of patents. How- Senate Banking Committee and the wish to thank Senator VITTER for ever, since then, the courts have fur- witness—the only witness—was Ben yielding his time and for his help on ther developed the law relating to dam- Bernanke, Chairman of the Board of this effort. I want to be very clear. ages, so I understand that the chair- Governors of the Federal Reserve. He First, I am not aware of anybody in man proposes to now strike the gate- said very clearly several things di- this body or anybody I know who wants keeper damages language from the bill. rectly pertinent to this discussion. to see a government shutdown. I am Mr. LEAHY. Yes, the Senator is cor- First, he said we are on a fiscally not aware of anybody who wants to see rect. I thank her for her hard work in unsustainable path. Our budget situa- the disruption that would result from putting together the gatekeeper dam- tion is absolutely unsustainable. Sec- failing to raise the debt ceiling at the ages language with Senator Specter ond, he said that is the biggest long- appropriate time. But I also feel and myself in committee last Congress. term threat to our economy—the big- strongly it is critical we take this op- It was instrumental in helping to move gest threat. Third, he said that al- portunity to begin to address the struc- this bill forward. However, as the Sen- though it is a long-term problem, it tural problems we have. ator from California recognizes, the could create a short-term crisis. It The fact is we have a burden of debt courts have advanced the law regarding could create a crisis that could hit im- right now that is costing us jobs in this damages since then. For example, in mediately, at any time. So we need to country today. The uncertainty it cre- Uniloc USA, Inc. v. Microsoft Corp., de- act and we need to act strongly. ates, the cost of financing this, the cided just this year, the Federal Cir- Madam President, I yield time to the question of whether and for how long cuit held that expert testimony regard- distinguished Senator from Pennsyl- we can roll this over, the extent to ing a ‘‘rule of thumb’’ for allocating vania. which inflation becomes a problem, all profits between a patent user and a The ACTING PRESIDENT pro tem- of these risk factors are already weigh- patent owner did not meet the Daubert pore. The Senator from California. ing on our economy and our ability to test for expert testimony, and was in- Mrs. BOXER. Madam President, I create jobs now. For the future, it is an admissible. And in Lucent Tech- want say I object to the Vitter-Toomey even bigger risk. nologies Corp. v. Gateway, Inc., the

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1050 CONGRESSIONAL RECORD — SENATE March 1, 2011 Federal Circuit found that no rational Portman Schumer Udall (NM) debt limit is not raised when we reach jury could have concluded a ‘‘tiny fea- Pryor Sessions Vitter it—and, by the way, we have been there Reed Shaheen Warner ture of one part of a much larger soft- Reid Snowe Webb before, so it is not inconceivable—that ware program with numerous features Risch Stabenow Whitehouse we would make sure we, under no cir- . . . appear[ing] to account for the Roberts Tester Wicker cumstances, would default on the debt. Rockefeller Thune Wyden overwhelming majority of consumer Rubio Toomey Because Senator VITTER offered a demand’’ was worth an 8% royalty.’’ Sanders Udall (CO) modification to this amendment, es- This represented a new, greater level of NAYS—2 sentially the merger of these amend- review for jury damages assessment. In Mikulski Shelby ments ensures that Social Security light of cases like these, it no longer payments would also go out. By the appears necessary for this bill to con- NOT VOTING—1 way, there is more than sufficient rev- tain language regarding the assessment Akaka enue from ongoing taxes to ensure that of damages. The amendment (No. 121) was agreed could be done. So in the interests of Mrs. FEINSTEIN. Yes, many busi- to. avoiding the chaos of an actual default, nesses in my State agree. I also believe Mr. LEAHY. Mr. President, I move to I think this absolutely should occur. that if the bill remains silent on dam- reconsider the vote. By the way, I think it is also impor- ages, as the managers’ amendment Mr. BAUCUS. I move to lay that mo- tant to note that a majority of all of would do, that no harm will be done to tion on the table. the debt issued by this government is the value of patents, which is so impor- The motion to lay upon the table was held by Americans. They are held by tant for encouraging innovation. Is it agreed to. senior citizens who live in Allentown, the chairman’s intention, in future dis- The PRESIDING OFFICER. The Sen- PA, and who have saved their whole cussions with the House of Representa- ator from Montana. life and invested that savings in U.S. tives, to continue to have the bill re- Mr. BAUCUS. Mr. President, I ask Treasury securities. main silent on damages? unanimous consent for 1 minute equal- I think it is very important that we Mr. LEAHY. Yes, it is. The courts ly divided for each side to explain this send the message to them that even if have been making good progress in de- next amendment. we are not able to get our work done The PRESIDING OFFICER. Without veloping the law in this area, and I do and raise the debt limit, as I hope we objection, it is so ordered. not believe patent reform legislation will at the appropriate time, we cer- Mr. BAUCUS. Mr. President, the next should interfere with this progress. tainly would not default on the debt amendment is Vitter amendment No. Should the House propose or pass some they hold. 112, which potentially says the United language on damages, I will certainly I yield the floor. consult with the Senator from Cali- States must pay its interest debt and fornia to obtain her views on that lan- Social Security benefits before it VOTE ON AMENDMENT NO. 112 guage. makes any other government obliga- Mr. BAUCUS. Mr. President, I move Mrs. FEINSTEIN. I thank the chair- tions. I think that is a bad idea. That to table the Vitter-Toomey amendment man, very much, for his consideration. would bring economic chaos to our No. 112, as modified, and ask for the The PRESIDING OFFICER (Mr. country. If we default, we default. yeas and nays on my motion to table. CASEY). All time has expired. Just because the bondholders in The PRESIDING OFFICER. Is there a Mr. LEAHY. Mr. President, I ask for China would get priority over our sufficient second? the yeas and nays on the Leahy-Grass- troops overseas or get priority over tax There appears to be a sufficient sec- ley-Kyl, et al., managers’ amendment. refunds does not mean we are not in de- ond. The PRESIDING OFFICER. Is there a fault. Besides, it is bad policy anyway. The question is on agreeing to the sufficient second? This amendment would bring chaos. If motion. There is a sufficient second. we were ever to get to the point of The clerk will call the roll. being unable to raise our debt, it would The question is on agreeing to the The assistant legislative clerk called bring chaos to pay the Chinese bond- amendment. the roll. holders first before we pay anybody The clerk will call the roll. else. That is the wrong thing to do. Mr. DURBIN. I announce that the The legislative clerk called the roll. I do not think we want to get into a Senator from Hawaii (Mr. AKAKA) is Mr. DURBIN. I announce that the situation where we are going to tell the necessarily absent. Senator from Hawaii (Mr. AKAKA) is American people they are second to The PRESIDING OFFICER. Are there necessarily absent. foreign investors. I strongly urge that any other senators in the Chamber de- The PRESIDING OFFICER. Are there this amendment be defeated. At the ap- siring to vote? any other Senators in the Chamber de- propriate time I will move to table the The result was announced—yeas 52, siring to vote? amendment. nays 47, as follows: The result was announced—yeas 97, The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 28 Leg.] nays 2, as follows: ator from Pennsylvania. YEAS—52 [Rollcall Vote No. 27 Leg.] Mr. TOOMEY. Mr. President, if I can Baucus Harkin Nelson (FL) YEAS—97 take the minute to rebut my colleague, Begich Inouye Pryor Alexander Coons Kerry first of all, it is true it would be very Bennet Johnson (SD) Reed Ayotte Corker Kirk disruptive and there would be some Bingaman Kerry Reid Barrasso Cornyn Klobuchar chaos if we had a shutdown or if we Blumenthal Klobuchar Rockefeller Baucus Crapo Kohl Boxer Kohl Sanders Begich DeMint Kyl eventually failed to raise the debt Brown (OH) Landrieu Schumer Bennet Durbin Landrieu limit. This amendment, of course, does Cantwell Lautenberg Shaheen Cardin Leahy Bingaman Ensign Lautenberg not cause that. This amendment, in Stabenow Carper Levin Blumenthal Enzi Leahy Tester Blunt Feinstein Lee fact, is designed precisely to prevent Casey Lieberman Udall (CO) Boozman Franken Levin the kind of chaos that might otherwise Conrad Manchin Udall (NM) Boxer Gillibrand Lieberman Coons McCaskill ensue by simply ensuring that under no Warner Brown (MA) Graham Lugar circumstances whatsoever would the Durbin Menendez Brown (OH) Grassley Manchin Feinstein Merkley Webb Burr Hagan McCain United States Government default on Franken Mikulski Whitehouse Cantwell Harkin McCaskill its debt. Gillibrand Murray Wyden Cardin Hatch McConnell I think we all agree that the last Hagan Nelson (NE) Carper Hoeven Menendez Casey Hutchison Merkley thing we should ever tolerate would be NAYS—47 Chambliss Inhofe Moran a situation in which the United States Alexander Brown (MA) Cochran Coats Inouye Murkowski Government would default on our debt. Ayotte Burr Collins Coburn Isakson Murray The chaos that would result from that Barrasso Chambliss Corker Cochran Johanns Nelson (NE) Blunt Coats Cornyn Collins Johnson (SD) Nelson (FL) would be devastating. So this is an Boozman Coburn Crapo Conrad Johnson (WI) Paul amendment that says, in the event the

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1051 DeMint Johnson (WI) Risch amendments, this is the time. We need of laws that could only serve to confuse Ensign Kirk Roberts to move on to other pressing matters patent litigants. So in my view, con- Enzi Kyl Rubio Graham Lee Sessions as soon as we complete work on this gressional intervention on damages Grassley Lugar Shelby bill. and venue is not needed at this time. Hatch McCain Snowe Mr. BENNET. Mr. President, I would I would like to close by again thank- Hoeven McConnell Thune like to speak briefly on my amendment ing the chairman for his leadership and Hutchison Moran Toomey Inhofe Murkowski to strike the damages and venue provi- Vitter willingness to take into account the Isakson Paul Wicker sions from this legislation. I thank the views of others on these important Johanns Portman chairman and committee for working issues. NOT VOTING—1 with my office on this important The PRESIDING OFFICER. The Sen- Akaka amendment and incorporating it into ator from California is recognized. The motion was agreed to. the managers’ amendment. f Mr. LEAHY. I want to thank all Sen- I know the committee has been work- ators for supporting adoption of the ing tirelessly to address concerns with PROHIBITING MEMBERS OF CON- Leahy-Grassley-Kyl managers’ amend- this bill, and I applaud their efforts for GRESS AND THE PRESIDENT ment. This consensus amendment is a trying to build consensus. FROM RECEIVING PAY DURING compromise that resolves a number of As I discussed yesterday, I believe a GOVERNMENT SHUTDOWNS the key outstanding issues in the bill, well-functioning patent system is crit- Mrs. BOXER. Mr. President, I ask including fee diversion, business meth- ical for our economic growth. The re- unanimous consent that the Homeland od patents, damages and venue. I want forms in this legislation will promote Security and Governmental Affairs to take a moment to discuss the impor- innovation and create jobs. Committee be discharged from further tance of these provisions. In my State alone, nearly 20,000 pat- consideration of S. 388 and the Senate First, the provisions in this man- ent applications have been granted be- proceed to its immediate consider- agers’ amendment that end fee diver- tween the years 2000 and 2009. These ap- ation. sion from the PTO are supported by all plications have created the foundation The PRESIDING OFFICER. Without corners of the patent community. for our clean energy economy and objection, it is so ordered. Today, users fund 100 percent of the emerging tech and bio industries. The clerk will report. PTO’s operations. The PTO does not Small inventors start new Colorado The assistant legislative clerk read take a dime of taxpayer money. For all companies, and more established com- as follows: panies are able to expand their oper- of the improvements that this legisla- A bill (S. 388) to prohibit Members of Con- tion makes to our patent system, the ations in a very competitive, knowl- gress and the President from receiving pay Patent Office will always be hindered if edge-based economy. during Government shutdowns. An efficient and high-quality U.S. it cannot retain the funds it generates There being no objection, the Senate Patent and Trademark Office is essen- to more adequately plan for its future. proceeded to consider the bill. tial to maintaining American leader- Today, as we ask our Patent Office to Mrs. BOXER. Mr. President, I ask ship in innovation. The improvements unleash the best in innovation from unanimous consent that the bill be to the patent system in this bill will our businesses, our Patent Office does read the third time and passed; that help us grow new industries and will not have the funding to do the same for the motion to reconsider be laid upon help cure the backlog and delay that itself. Ending fee diversion will better the table, with no intervening action has stunted the ability of inventors to equip the patent office with the re- or debate; and that any statements re- patent their ideas. sources to tackle the complexities of lating to the matter be printed in the Right now, the average pendency pe- the 21st century. RECORD. riod for a patent application is 36 Second, the managers’ amendment The PRESIDING OFFICER. Without months. That is unacceptable if we are creates a temporary proceeding at the objection, it is so ordered. to compete with the rest of the world. Patent Office to reexamine certain The bill (S. 388) was ordered to be en- This doesn’t even account for those business method patents. I appreciate grossed for a third reading, was read patents that have been tied up in years the work that Senator SCHUMER has the third time, and passed, as follows: done on this issue, and the provisions of litigation after they are granted. S. 388 included in the managers’ amendment This is why we need to ensure that represents a middle-ground that patent owners have certainty. Consist- Be it enacted by the Senate and House of Rep- ency, uniformity, and fairness are es- resentatives of the United States of America in bridges a divide on this issue between Congress assembled, the financial and tech communities sential to innovation. Prolonged litigation and legal uncer- SECTION 1. PROHIBITION ON PAY DURING GOV- that reside in all of our States. ERNMENT SHUTDOWN. tainty only serve to stifle the incentive Third, the managers’ amendment (a) IN GENERAL.—Members of Congress and strikes provisions on damages and to innovate. We need clarity and effi- the President shall not receive basic pay for venue. Removing these provisions ad- cient review by the courts to make any period in which— dresses recent concerns voiced by cer- sure we don’t have a system where pat- (1) there is more than a 24-hour lapse in ap- tain Members of the House, and raised ents are tied up for years. Likewise, we propriations for any Federal agency or de- by the high-tech community. also need to make sure there is a fair partment as a result of a failure to enact a Finally, this managers’ amendment outcome where there is an infringe- regular appropriations bill or continuing res- olution; or wraps in Senator BENNET’s previously ment. Those whose rights are infringed (2) the Federal Government is unable to offered amendment to provide a 50-per- have every right to take their case to make payments or meet obligations because cent reduction in fees for small busi- court and receive the appropriate dam- the public debt limit under section 3101 of ness accelerated patent applications at ages. title 31, United States Code, has been the PTO, as well as some technical This is why I introduced my amend- reached. amendments. This break for small ment on damages and venue. We need (b) RETROACTIVE PAY PROHIBITED.—No pay businesses, which drive innovation and more certainty for patent owners, and forfeited in accordance with subsection (a) create jobs, will better enable them to I think portions of the bill may not do may be paid retroactively. compete with the demands of the 21st enough in this regard, in the face of Mrs. BOXER. Mr. President, in 1 century. litigation. In fact, the venue and dam- minute or less, I thank the occupant of As we return to the America Invents ages portions of the bill may actually the Chair very much for his strong co- Act, I encourage any Senator who has generate more uncertainty, not less. sponsorship of this bill, along with a germane amendment to come and de- The Federal Circuit Court of Appeals other colleagues. bate it now. This is bipartisan legisla- has made significant progress on dam- Basically, we are saying that if we tion that our economy desperately ages and venue issues. The courts are fail to keep this government open, or needs. It will allow the PTO to func- moving in the right direction, and I be- to lift the debt ceiling, we Members of tion, and our inventors and innovators lieve it is wiser to allow this process to Congress should not receive our pay. It to flourish. If any other Senators have run its course than to add a new layer is pretty straightforward.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1052 CONGRESSIONAL RECORD — SENATE March 1, 2011 I thank Senator COBURN. He had ob- to incentivize investment in the Amer- Before I speak in more detail about jected earlier. He backed off of his ob- ican economy, to create jobs, and allow the importance of this bill, I would like jection. He will make his own case for this great country to continue to win to recognize the hard work of Senator the RECORD. in the global marketplace. LEAHY, the chairman of the Judiciary He is making the case that Federal The amendment I am offering here Committee. He long has sought to employees, such as nurses, or Super- today would do just that. It would change our patent system from a drag fund cleanup workers, or Border Patrol incentivize innovation and investment on innovation into a driver of innova- agents never get 1 penny of reimburse- by prioritizing patents that are vital to tion. Chairman LEAHY has led bipar- ment or back pay. I think that is, in the American economy and American tisan negotiations on this bill, seeking essence, unfair, if we have a govern- competitiveness. It will enable us, in input from all segments of the Amer- ment shutdown, to put it on the backs essence, to incentivize that innovation ican intellectual property community. of the middle-class people who don’t by creating that prioritizing. I applaud his work with Senator want to stay home; they want to work. My amendment would allow the Pat- GRASSLEY, Senator HATCH, and others I am glad he is allowing this to move ent Office to prioritize patent applica- of our colleagues in bringing this much forward. tions that are vital to our national in- needed legislation to the floor. We certainly will now ask our friends terests. I take particular interest in this bill on the other side of the Capitol and Specifically, the amendment says the because of Rhode Island’s long and Patent Office Director may prioritize Speaker BOEHNER to take this bill up proud history of innovation, from the post haste and get it going. Let’s avoid the examination of applications for birth of the American industrial revo- technologies that are important to the a shutdown but make it clear that if lution to the high-tech entrepreneurs national economy or national competi- there is one, we are going to take our leading our State forward today. An tiveness, such as green technologies de- lumps just like other Federal workers. area has developed in Providence, for signed to foster renewable energy, I hope this will help avert a shutdown. example, that is rightfully known by clean energy, biofuels, agricultural I yield the floor. the nickname ‘‘the Knowledge Dis- sustainability, environmental quality, The PRESIDING OFFICER. The Sen- trict’’ for its remarkable innovation. conservation, or energy efficiency. We need to take every opportunity to ator from New Jersey. Currently, the Patent Office runs a support such work across our Nation. f green technology pilot program. An ap- Make no mistake, this legislation plication for green technologies may be PATENT REFORM ACT OF 2011— will drive innovation and create high- fast-tracked, leading to an expedited Continued quality jobs. It will secure the founda- decision. This fast-track process is re- tions of new small businesses, encour- AMENDMENT NO. 124 served for a small number of applica- age the discoveries made every day in Mr. MENENDEZ. Mr. President, I ask tions that are vitally important, so it our universities, and allow American unanimous consent to set aside the has little to no adverse impact on companies to continue to lead the pending business and I call up amend- other patent applications. ment No. 124, which is at the desk. Currently, the patent process is rath- world in technology, medicine, and me- The PRESIDING OFFICER. Without er lengthy. Patent decisions regularly chanical science. Patent reform may be complicated, objection, it is so ordered. take 2 to 3 years for a final decision. but these are not abstract issues. In my The clerk will report. Our country is at risk of having vital conversations with innovators in The legislative clerk read as follows: new technologies buried in a sea of pa- perwork at the Patent Office. We want Rhode Island, it has become clear to The Senator from New Jersey [Mr. MENEN- me that the problems in our patent DEZ] proposes an amendment numbered 124. to make sure patents that are impor- tant to our national economy are fast- system are real and need to be fixed. Mr. MENENDEZ. Mr. President, I ask Fail to do so and we will pay the price unanimous consent that reading of the tracked rather than sidelined. The goal here is to create jobs at in jobs and international competitive- amendment be dispensed with. ness. The PRESIDING OFFICER. Without home. We have to make sure the Pat- ent Office has the resources and ability Perhaps the most consistent concern objection, it is so ordered. I have heard back home has related to The amendment is as follows: to prioritize patents that do just that— create jobs, incentivize investment, delays in the issuance of patents. Mas- (Purpose: To provide for prioritized examina- and support innovation. The Patent Of- sive backlogs of patent applications tion for technologies important to Amer- persist at the Patent and Trademark ican competitiveness) fice supports this amendment because they need the tools to make sure this Office, causing years of uncertainty On page 104, strike line 23, and insert the over whether an innovator in fact has following: bill reaches its intended goal of im- proving America’s economy. secured intellectual property rights in SEC. 18. PRIORITY EXAMINATION FOR TECH- his or her invention. We have to fix NOLOGIES IMPORTANT TO AMER- This amendment will create green ICAN COMPETITIVENESS. jobs and support America’s trans- this problem. Innovators in Rhode Is- Section 2(b)(2) of title 35, United States formation to a self-sustaining economy land and elsewhere in this country Code, is amended— that, among other things, is not reliant must be able to gain patent protection (1) in subparagraph (E), by striking ‘‘; and’’ on foreign oil. for their inventions within a reason- and inserting a semicolon; It is vitally important we do our best able timeframe. Uncertainty and delay (2) in subparagraph (F), by striking the to ensure that all Americans have in patent protection will dampen and semicolon and inserting ‘‘; and’’; and good-paying jobs and that we secure frustrate innovation. (3) by adding at the end the following: The America Invents Act takes on ‘‘(G) may, subject to any conditions pre- our Nation’s economic future. scribed by the Director and at the request of I ask my colleagues to support this this problem by allowing the Patent the patent applicant, provide for amendment. It codifies an existing, and Trademark Office discretion to set prioritization of examination of applications successful program at the Patent Of- its own fees. Coupled with exceptions for products, processes, or technologies that fice. It is good commonsense policy that will ensure low fees for small busi- are important to the national economy or that can help America propel forward nesses, this provision will enable the national competitiveness, such as green in the 21st century. Patent and Trademark Office to better technologies designed to foster renewable en- Mr. WHITEHOUSE. Mr. President, I manage its resources and reduce exam- ergy, clean energy, biofuels or bio-based rise today to speak about the America ination times. products, agricultural sustainability, envi- Invents Act of 2011. As we all know, in- I also support Senator COBURN’s ronmental quality, energy conservation, or energy efficiency, without recovering the ag- novation, hard work, and ingenuity amendment to restrict fee-diversion gregate extra cost of providing such long have been the fuel of the Amer- and enable the Patent and Trademark prioritization, notwithstanding section 41 or ican dream. This bill will make much Office, which does not depend at all on any other provision of law;’’. needed improvements to our patent taxpayer funding, to be properly SEC. 19. EFFECTIVE DATE. system to unleash the full power of resourced with examiners who can Mr. MENENDEZ. Mr. President, the American innovation once again. I am work through the patent application goal of the patent reform legislation is proud to be a cosponsor. backlog. This provision raises issues

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1053 beyond the jurisdiction of the Judici- permitted to speak therein for up to 10 the PTO as prior art and bad patents ary Committee and as a result was not minutes each. are issued. The holders of business considered previously, but I trust it The PRESIDING OFFICER. Without method patents then attempt to ex- will win the support of our colleagues objection, it is so ordered. tract settlements from the banks by on the floor. I am glad that this provi- Mr. MENENDEZ. Mr. President, I suing them in plaintiff-friendly courts sion has been included in the man- suggest the absence of a quorum. and tying them up in years of ex- agers’ amendment, of which I am a co- The PRESIDING OFFICER. The tremely costly litigation. sponsor. clerk will call the roll. This is not a small problem. Around My conversations with Rhode Island The assistant legislative clerk pro- 11,000 new applications for patents on inventors also made clear that the fear ceeded to call the roll. business methods are filed every year, of protracted litigation also dampens Mr. SCHUMER. Mr. President, I ask and financial patents are being liti- innovation. Unfortunately, numerous unanimous consent that the order for gated almost 30 times more than pat- poor-quality patents have issued in re- the quorum call be rescinded. ents as a whole. This is not right, it is cent years, resulting in seemingly end- The PRESIDING OFFICER. Without not fair, and it is taking desperately less litigation that casts a cloud over objection, it is so ordered. needed money and energy out of the patent ownership. Administrative proc- f economy and putting it into the hands esses that should serve as an alter- AMERICA INVENTS ACT of a few litigants. So I am very pleased native to litigation also have broken Congress is going to fight it. down, resulting in further delay, cost, Mr. SCHUMER. Mr. President, I rise The Schumer-Kyl amendment, which and confusion. to speak in support of the America In- was included in the managers’ package The America Invents Act will take vents Act generally and about the we just adopted, will allow companies on these problems by ensuring that managers’ amendment specifically. that are the target of one of these friv- higher quality patents issue in the fu- The America Invents Act, also known olous business method patent lawsuits ture. This will produce less litigation as the patent reform bill, has been to go back to the PTO and dem- and create greater incentives for pending for many years and has been onstrate, with the appropriate prior innovators to commit the effort and re- the subject of extensive debate, nego- art, that the patent shouldn’t have sources to create the next big idea. tiation, and revisions. In its current been issued in the first place. That way Similarly, the bill will improve admin- draft, it does much needed good to help bad patents can be knocked out in an istrative processes so that disputes protect the American innovation econ- efficient administrative proceeding, over patents can be resolved quickly omy by updating and modernizing our avoiding costly litigation. and cheaply without patents being tied patent system. One of the most critical elements of up for years in expensive litigation. The patent system in the United this amendment has to do with the This body must not pass up this States is designed to protect innova- stay of litigation while review of the chance to enhance innovation and en- tion and inventions and investment. patent is pending at the PTO. The ergize our economy. We must see this But over the last several decades, the amendment includes a four-factor test bill through the Senate, and we must Patent and Trademark Office has be- for the granting of a stay that places a work with the House to see it passed come bogged down and overburdened very heavy thumb on the scale in favor promptly into law. It is true that the by inefficient process and outdated of the stay. Indeed, the test requires bill is a compromise and may not re- law. The result is a heavy burden on the court to ask whether a stay would flect all of everyone’s priorities. Im- the innovative work that is the engine reduce the burden of the litigation on provements to the bill may still be pos- of our economy. the parties and the court. Since the en- sible. To that end, I expect a produc- I wish to commend Senator LEAHY. tire purpose of the transitional pro- tive debate on the floor and a construc- He has gone the extra mile for this bill gram at the PTO is to reduce the bur- tive dialog with the House. I look for- for many years. I am proud and glad he den of litigation, it is nearly impos- ward to continuing to work with the is seeing his work come to fruition as sible to imagine a scenario in which a chairman, my colleagues, and all inter- we finally debate the bill on the floor. district court would not issue a stay. ested parties to craft a bill that gen- Passage of the bill is in sight. I also In response to concerns that earlier erates the broadest consensus possible. wish to commend the ranking member versions of the amendment were too But we must not lose sight of the of the Judiciary Committee, Senator broad, we have modified it so it is nar- need for action. Our patent system has GRASSLEY, who worked with him, as rowly targeted. We want to make sure gone 60 years without improvements. It well as Senator KYL, who has taken a to capture the business method patents needs repair. Now is the time to ener- leading role on the Republican side, for which are at the heart of the problem gize our innovation economy, to create their hard work in crafting a bill that and avoid any collateral cir- jobs, and to secure continuing Amer- effectively modernizes the patent sys- cumstances. ican leadership in the fields of medi- tem, while paying attention to the In conclusion, I believe the amend- cine, science, and technology. Hard many and varied demands different ment takes an important step in the work and ingenuity long have been the sectors of the economy exert upon it. direction of eliminating the kinds of backbone of this country. Let’s not get I am particularly pleased the chair- frivolous lawsuits the jurisprudence on in their way. man has decided to adopt the Schumer- business method patents have allowed. Mr. President, I suggest the absence Kyl amendment on business method I am very grateful to the chairman and of a quorum. patents into the managers’ amend- the ranking member, Senator KYL, and The PRESIDING OFFICER. The ment. It is a critical change that this I support the managers’ amendment clerk will call the roll. bill finally begins to address the and the America Invents Act as a The assistant legislative clerk pro- scourge of business method patents whole. ceeded to call the roll. currently plaguing the financial sector. Finally, I would like to say a few Mr. MENENDEZ. Mr. President, I ask Business method patents are anathema words about Senator COBURN’s proposal unanimous consent that the order for to the protection the patent system on fee diversion. I think his idea, which the quorum call be rescinded. provides because they apply not to is incorporated in the managers’ The PRESIDING OFFICER (Mr. BEN- novel products or services but to ab- amendment, makes a lot of sense; that NET). Without objection, it is so or- stract and common concepts of how to is, to let the PTO keep the fees they dered. do business. charge so they are self-funded and we f Often, business method patents are don’t have to spend taxpayer money to issued for practices that have been in fund them every year. MORNING BUSINESS widespread use in the financial indus- Last year, when we were debating the Mr. MENENDEZ. Mr. President, I ask try for years, such as check imaging or Wall Street reform bill, Senator JACK unanimous consent that the Senate one-click checkout. Because of the na- REED and I made a similar proposal for proceed to a period for the transaction ture of the financial services industry, the SEC, which ultimately didn’t make of morning business, with Senators those practices aren’t identifiable by it into the final bill. I just wanted to

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1054 CONGRESSIONAL RECORD — SENATE March 1, 2011 take this time to make a few points 3. Taking testimony. For the purpose of 2. ADDITIONAL MEETINGS.—The Chairman, about this commonsense proposal. taking testimony, other than sworn testi- after consultation with the Ranking Minor- First, for the last 15 years, the SEC mony, by the Committee or any sub- ity Member, may call such additional meet- hasn’t spent a dime of taxpayer money. committee, one member of the Committee or ings as he deems necessary. subcommittee shall constitute a quorum. 3. SPECIAL MEETINGS.—Special meetings of For 15 years, the SEC has had no im- For the purpose of taking sworn testimony the Committee may be called by a majority pact on the deficit. This is because by the Committee, three members shall con- of the members of the Committee in accord- Congress, in 1996, amended the securi- stitute a quorum, and for the taking of ance with paragraph 3 of Rule XXVI of the ties laws to provide that 100 percent of sworn testimony by any subcommittee, one Standing Rules of the Senate. the SEC’s funding comes from registra- member shall constitute a quorum. 4. OPEN MEETINGS.—Each meeting of the Committee, or any subcommittee thereof, tion and filing fees charged by the III. PROXIES including meetings to conduct hearings, Commission. Except for the reporting of a bill, votes shall be open to the public, except that a Second, even though the SEC collects may be cast by proxy when any member so meeting or series of meetings by the Com- more in fees every year than it spends, requests. mittee or a subcommittee thereof on the the amount of the SEC’s annual budget IV. ATTENDANCE OF STAFF MEMBERS AT CLOSED same subject for a period of no more than is determined by Congress, which has SESSIONS fourteen (14) calendar days may be closed to continually shortchanged the SEC. The Attendance of staff members at closed ses- the public on a motion made and seconded to go into closed session to discuss only wheth- SEC’s budget has been in the crosshairs sions of the Committee shall be limited to those members of the Committee staff who er the matters enumerated below in clauses for years, and their funding has been so (a) through (f) would require the meeting to inadequate that they have been com- have a responsibility associated with the matter being considered at such meeting. be closed, followed immediately by a record vote in open session by a majority of the promised in their ability to pursue This rule may be waived by unanimous con- members of the Committee or subcommittee their core mission. sent. Third, the budget proposal in the when it is determined that the matters to be V. BROADCASTING AND PHOTOGRAPHING OF House would continue the short- discussed or the testimony to be taken at COMMITTEE HEARINGS such meeting or meetings— changing of the SEC, cutting $40 mil- The Committee or any of its subcommit- (a) will disclose matters necessary to be lion from its existing budget at a time tees may permit the photographing and kept secret in the interests of national de- when it needs resources more than broadcast of open hearings by television and/ fense or the confidential conduct of the for- ever. or radio. However, if any member of a sub- eign relations of the United States; Finally, a word about the current de- committee objects to the photographing or (b) will relate solely to matters of Com- mands on the SEC. We gave that agen- broadcasting of an open hearing, the ques- mittee staff personnel or internal staff man- agement or procedure; cy significant new responsibilities tion shall be referred to the full Committee for its decision. (c) will tend to charge an individual with a under the Dodd-Frank Act, in par- crime or misconduct, to disgrace or injure ticular to oversee the previously un- VI. AVAILABILITY OF SUBCOMMITTEE REPORTS the professional standing of an individual, or regulated derivative markets. That is To the extent possible, when the bill and otherwise to expose an individual to public an enormous undertaking that every- report of any subcommittee are available, contempt or obloquy or will represent a they shall be furnished to each member of body agrees is necessary after seeing clearly unwarranted invasion of the privacy the Committee thirty-six hours prior to the of an individual; the role that unregulated derivatives Committee’s consideration of said bill and (d) will disclose the identity of any in- played in the financial crisis. report. former or law enforcement agent or will dis- In closing, I would strongly suggest VII. AMENDMENTS AND REPORT LANGUAGE close any information relating to the inves- to my colleagues that if self-funding To the extent possible, amendments and tigation or prosecution of a criminal offense makes sense for the PTO, it makes report language intended to be proposed by that is required to be kept secret in the in- sense for the SEC. I am not going to Senators at full Committee markups shall be terests of effective law enforcement; (e) will disclose information relating to the call up my amendment now or my bill provided in writing to the Chairman and trade secrets or financial or commercial in- Ranking Minority Member and the appro- now, but I urge my colleagues to sup- formation pertaining specifically to a given port this commonsense proposal Sen- priate Subcommittee Chairman and Ranking person if— ator REED and I are pushing and ensure Minority Member twenty-four hours prior to (1) an Act of Congress requires the infor- it gets a full hearing in the Senate. such markups. mation to be kept confidential by Govern- I thank the Chair for his time and at- VIII. POINTS OF ORDER ment officers and employees; or tention. Any member of the Committee who is floor (2) the information has been obtained by manager of an appropriations bill, is hereby the Government on a confidential basis, f authorized to make points of order against other than through an application by such COMMITTEE ON APPROPRIATIONS any amendment offered in violation of the person for a specific Government financial or RULES OF PROCEDURE Senate Rules on the floor of the Senate to other benefit, and is required to be kept se- such appropriations bill. cret in order to prevent undue injury to the Mr. INOUYE. Mr. President, the Sen- competitive position of such person; or IX. EX OFFICIO MEMBERSHIP ate Appropriations Committee has (f) may divulge matters required to be kept adopted rules governing its procedures The Chairman and Ranking Minority Mem- confidential under other provisions of law or ber of the full Committee are ex officio mem- for the 112th Congress. Pursuant to Government regulations. bers of all subcommittees of which they are 5. PRESIDING OFFICER.—The Chairman shall rule XXVI, paragraph 2, of the Stand- not regular members but shall have no vote preside at all meetings and hearings of the ing Rules of the Senate, on behalf of in the subcommittee and shall not be count- Committee except that in his absence the myself and Senator COCHRAN, I ask ed for purposes of determining a quorum. Ranking Majority Member present at the unanimous consent that a copy of the f meeting or hearing shall preside unless by committee rules be printed in the majority vote the Committee provides other- COMMITTEE ON ARMED SERVICES RECORD. wise. There being no objection, the mate- RULES OF PROCEDURE 6. QUORUM.—(a) A majority of the members Mr. LEVIN. Mr. President, I ask of the Committee are required to be actually rial was ordered to be printed in the present to report a matter or measure from RECORD, as follows: unanimous consent that the rules of the Committee. (See Standing Rules of the SENATE APPROPRIATIONS COMMITTEE RULES— procedure of the Committee on Armed Senate 26.7(a)(1)). 112TH CONGRESS Services be printed in the RECORD. (b) Except as provided in subsections (a) I. MEETINGS There being no objection, the mate- and (c), and other than for the conduct of hearings, nine members of the Committee, The Committee will meet at the call of the rial was ordered to be printed in the including one member of the minority party; Chairman. RECORD, as follows: or a majority of the members of the Com- II. QUORUMS RULES OF PROCEDURE OF THE mittee, shall constitute a quorum for the 1. Reporting a bill. A majority of the mem- COMMITTEE ON ARMED SERVICES transaction of such business as may be con- bers must be present for the reporting of a 1. REGULAR MEETING DAY.—The Committee sidered by the Committee. bill. shall meet at least once a month when Con- (c) Three members of the Committee, one 2. Other business. For the purpose of gress is in session. The regular meeting days of whom shall be a member of the minority transacting business other than reporting a of the Committee shall be Tuesday and party, shall constitute a quorum for the pur- bill or taking testimony, one-third of the Thursday, unless the Chairman, after con- pose of taking sworn testimony, unless oth- members of the Committee shall constitute sultation with the Ranking Minority Mem- erwise ordered by a majority of the full Com- a quorum. ber, directs otherwise. mittee.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1055 (d) Proxy votes may not be considered for (h) Witnesses providing unsworn testimony This year marks the 50th anniversary the purpose of establishing a quorum. to the Committee may be given a transcript of National Youth Art Month. This 7. PROXY VOTING.—Proxy voting shall be of such testimony for the purpose of making month, schools across our country will allowed on all measures and matters before minor grammatical corrections. Such wit- partner with local businesses and com- the Committee. The vote by proxy of any nesses will not, however, be permitted to member of the Committee may be counted alter the substance of their testimony. Any munities to support the arts and dis- for the purpose of reporting any measure or question involving such corrections shall be play students’ art work. In South Da- matter to the Senate if the absent member decided by the Chairman. kota, the Dakota Discovery Museum in casting such vote has been informed of the 11. NOMINATIONS.—Unless otherwise or- Mitchell, the Aberdeen Recreation and matter on which the member is being re- dered by the Committee, nominations re- Culture Center, and Presentation Col- corded and has affirmatively requested that ferred to the Committee shall be held for at lege in Aberdeen are just a few of the he or she be so recorded. Proxy must be least seven (7) days before being voted on by given in writing. partners that will be hosting galleries the Committee. Each member of the Com- and shows to display the artwork of 8. ANNOUNCEMENT OF VOTES.—The results mittee shall be furnished a copy of all nomi- of all roll call votes taken in any meeting of nations referred to the Committee. South Dakota’s many talented student the Committee on any measure, or amend- 12. REAL PROPERTY TRANSACTIONS.—Each artists. ment thereto, shall be announced in the member of the Committee shall be furnished This is the first year South Dakota Committee report, unless previously an- with a copy of the proposals of the Secre- has participated in the Youth Art nounced by the Committee. The announce- taries of the Army, Navy, and Air Force, sub- Month flag design competition. Stu- ment shall include a tabulation of the votes mitted pursuant to 10 U.S.C. 2662 and with a dents from across our State designed cast in favor and votes cast in opposition to copy of the proposals of the Director of the each such measure and amendment by each flags to creatively represent the es- Federal Emergency Management Agency, member of the Committee who was present sence of our great State. I congratulate submitted pursuant to 50 U.S.C. App. 2285, re- at such meeting. The Chairman, after con- garding the proposed acquisition or disposi- Samantha ‘‘Sam’’ Kenaston on design- sultation with the Ranking Minority Mem- tion of property of an estimated price or ing the winning flag for the inaugural ber, may hold open a roll call vote on any rental of more than $50,000. Any member of South Dakota Youth Art Month flag measure or matter which is before the Com- the Committee objecting to or requesting in- design competition. Sam is a seventh mittee until no later than midnight of the formation on a proposed acquisition or dis- day on which the Committee votes on such grade student at Mitchell Middle posal shall communicate his objection or re- measure or matter. School. According to Sam’s teacher, 9. SUBPOENAS.—Subpoenas for attendance quest to the Chairman of the Committee Ms. Renee Berg, Sam is a talented stu- of witnesses and for the production of memo- within thirty (30) days from the date of sub- dent and art is her favorite class. Sam mission. randa, documents, records, and the like may also has a love for animals, which is be issued, after consultation with the Rank- 13. LEGISLATIVE CALENDAR.—(a) The clerk of the Committee shall keep a printed cal- often reflected in her artwork, and she ing Minority Member, by the Chairman or aspires to become a veterinarian when any other member designated by the Chair- endar for the information of each Committee man, but only when authorized by a major- member showing the bills introduced and re- she grows up. ity of the members of the Committee. The ferred to the Committee and the status of Sam’s winning flag features a draw- subpoena shall briefly state the matter to such bills. Such calendar shall be revised ing of a pheasant, the State bird of which the witness is expected to testify or from time to time to show pertinent changes South Dakota. Sam’s flag will be dis- the documents to be produced. in such bills, the current status thereof, and played on March 9, 2011, at a ceremony 10. HEARINGS.—(a) Public notice shall be new bills introduced and referred to the in Washington, DC, to honor the win- Committee. A copy of each new revision given of the date, place and subject matter of ners of the State flag competition, and any hearing to be held by the Committee, or shall be furnished to each member of the any subcommittee thereof, at least 1 week in Committee. her flag will then be displayed in Se- advance of such hearing, unless the Com- (b) Unless otherwise ordered, measures re- attle, WA, at the National Art Edu- mittee or subcommittee determines that ferred to the Committee shall be referred by cation Conference. good cause exists for beginning such hear- the clerk of the Committee to the appro- As a member of the Senate Cultural ings at an earlier time. priate department or agency of the Govern- Caucus, I recognize the importance of (b) Hearings may be initiated only by the ment for reports thereon. promoting arts and humanities in our specified authorization of the Committee or 14. Except as otherwise specified herein, communities and schools. I am pleased subcommittee. the Standing Rules of the Senate shall gov- (c) Hearings shall be held only in the Dis- ern the actions of the Committee. Each sub- that Youth Art Month activities in trict of Columbia unless specifically author- committee of the Committee is part of the South Dakota and across our country ized to be held elsewhere by a majority vote Committee, and is therefore subject to the are highlighting the importance of art of the Committee or subcommittee con- Committee’s rules so far as applicable. for our children’s education. I am ducting such hearings. 15. POWERS AND DUTIES OF SUBCOMMIT- proud of Sam and the many talented (d) The Chairman of the Committee or sub- TEES.—Each subcommittee is authorized to student artists in our State. committee shall consult with the Ranking meet, hold hearings, receive evidence, and f Minority Member thereof before naming wit- report to the full Committee on all matters nesses for a hearing. referred to it. Subcommittee chairmen, after REMEMBERING SEAN PATRICK (e) Witnesses appearing before the Com- consultation with Ranking Minority Mem- mittee shall file with the clerk of the Com- MCGEE bers of the subcommittees, shall set dates for mittee a written statement of their proposed hearings and meetings of their respective Ms. STABENOW. Mr. President, I testimony prior to the hearing at which they subcommittees after consultation with the come to the floor with the hardest are to appear unless the Chairman and the Chairman and other subcommittee chairmen speech I have ever made, to pay tribute Ranking Minority Member determine that with a view toward avoiding simultaneous to Sean Patrick McGee, a member of there is good cause not to file such a state- scheduling of full Committee and sub- ment. Witnesses testifying on behalf of the my staff who passed away suddenly committee meetings or hearings whenever Administration shall furnish an additional 50 over the weekend at the very young possible. copies of their statement to the Committee. age of 26. All statements must be received by the Com- f There really are no words to describe mittee at least 48 hours (not including week- the tragedy of losing somebody so ends or holidays) before the hearing. YOUTH ART MONTH young, especially someone like Sean, (f) Confidential testimony taken or con- Mr. JOHNSON of South Dakota. Mr. who was so smart and so filled with fidential material presented in a closed hear- President, today I recognize Youth Art ing of the Committee or subcommittee or promise. His death is painful for all of any report of the proceedings of such hearing Month and congratulate Samantha us who knew him, but the way he lived shall not be made public in whole or in part Kenaston of Mitchell, SD, on designing his life is really a source of hope and or by way of summary unless authorized by the winning State entry for the na- inspiration for us. a majority vote of the Committee or sub- tional student flag design program. Every single day, Sean worked hard committee. Each March, the Council for Art Edu- to help others. Before coming to my of- (g) Any witness summoned to give testi- cation sponsors National Youth Art fice, he was a congressional liaison at mony or evidence at a public or closed hear- Month. I appreciate the importance of the American Legion Auxiliary, where ing of the Committee or subcommittee may be accompanied by counsel of his own choos- arts education for children of all ages he was an advocate for veterans, serv- ing who shall be permitted at all times dur- and am pleased with the work being icemembers, and their families. He ing such hearing to advise such witness of done across South Dakota to promote joined my team in April of 2009, and his legal rights. and spotlight student artwork. quickly impressed everyone with his

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1056 CONGRESSIONAL RECORD — SENATE March 1, 2011 work ethic and his dedication. It didn’t brother Tom, and to his girlfriend of Land Trust, MALT. Located in Marin take long before he was promoted and many years, Katie Kulpa, whom Sean County, CA, MALT was the first land took on additional responsibilities, loved so much. Sean was a gift to all of trust in the United States to focus ex- working on some of the most difficult us, and we will always be thankful for plicitly on farmland preservation. and complex issues that in which we the precious time we had with him. Since its founding in 1980, MALT has have been involved. Next Tuesday would have been Sean’s successfully protected more than 41,800 He was really the heart of my staff 27th birthday. It is hard to believe we acres of California’s land on 66 family working on finance issues. He spent a won’t be able to celebrate with him. ranches and farms. lot of time with retirees who lost their But we can honor him by living our Thirty years ago, in response to a pensions when our auto companies lives as he did. changing economy and increasing went through bankruptcy, and he William Penn, one of the founders of urban expansion, biologist Phyllis talked with them all the time to keep our great Nation, said, ‘‘I expect to Faber and dairywoman Ellen Straus them updated on what we were doing pass through life but once. If therefore, recognized that in order to preserve to help. He took the lead on housing there be any kindness I can show, or Marin’s 150-year-old tradition of family issues, working with families whose any good thing I can do to any fellow farming and protect the county’s tre- dreams were shattered when their being, let me do it now, and not defer mendous natural resources, ranchers homes were lost to foreclosure. He or neglect it, as I shall not pass this and environmentalists would need to spent his final days working on an way again.’’ work together. Phyllis and Ellen co- amendment that I cosponsored to help That is how Sean lived his life, and founded MALT, bringing together a di- retired pilots who lost their pensions that was the gift that he gave to all of verse coalition of ranchers and envi- when the airline they worked for went us who knew him. ronmentalists who came together to bankrupt. He was so proud that we f pursue their vision for conserving were able to include that amendment Marin’s pristine farmlands. By pro- in the Federal Aviation Administration ADDITIONAL STATEMENTS viding an alternative to the sale of bill. farmland, MALT has protected thou- During our work last year on the TRIBUTE TO VICTORIA MALOCH sands of acres of open grasslands, fer- Small Business Jobs Act, Sean’s help tile floodplains, oak woodlands, and was absolutely invaluable. He put to- ∑ Mr. BOOZMAN. Mr. President, today mixed evergreen forests that would gether information for small business I recognize Victoria Maloch from Mag- otherwise have been sold or developed. owners letting them know how to take nolia, AR, for being selected for par- Working in areas stretching from the advantage of the new law. He grew up ticipation in the annual United States salt marshes of Tomales Bay to the in Farmington Hills, MI, and he was a Senate Youth Program. Douglas-fir forest crowning Hicks very important part of our team work- Created in 1962, the United States Mountain, MALT continues to be an ing on issues related to the automobile Senate Youth was organized to encour- environmental and community leader. industry, so critical for Michigan’s fu- age an understanding of our govern- In addition to establishing easements, ture and for our economy. ment with an emphasis of how its three MALT runs a variety of stewardship He took great pride in his work for branches work and how elected offi- and educational programs, including our great State. Through hard work cials work for their constituents and its Farm Field Studies Program in and service, he achieved the rank of create policies that impact our Nation which more than 1,700 students from 35 Eagle Scout—the highest rank in and the world. The weeklong visit to schools recently participated. MALT scouting. When he applied for a job in Washington, DC, allows students to also coordinates hikes and tours, giv- our office he wrote, ‘‘At a young age, I meet and interact with lawmakers, ap- ing residents opportunities to explore was volunteering to do community . . . pointed officials and staff who are in- and experience Marin’s stunning agri- service in Metro Detroit to better the volved in crafting legislation and mak- cultural landscapes first hand. community and that work shaped my ing decisions that influence our laws. MALT is also doing its part to reduce desire to serve Michigan.’’ And he This program brings together some of greenhouse gases and integrate the ag- served Michigan well. our Nations top youth leaders, like riculture industry into the fight In college, he secured a coveted in- Victoria, who show a commitment to against climate change. As a founding ternship in the office of the Governor, public service. An outstanding student member of the Marin Carbon Project, working in constituent services. After at Emerson High School, Victoria ex- MALT is working with project partners graduation, he worked on a congres- cels both in and out of the classroom. in an attempt to sequester carbon in sional campaign and for Senator She serves as president of the 4–H Marin’s rangeland soil using agricul- LEVIN’s campaign, always willing to Club and Future Farmers of America; tural management strategies. lend a hand and make a difference. vice president of Arkansas Junior Due to the dedicated efforts of its What really stands out about Sean is Brangus Breeders Association; sec- 5,000 members, staff, volunteers, how good he was with people. On Cap- retary of the Science Club and captain funders, and partner agencies, MALT itol Hill, patience is sometimes a rare of Quiz Bowl. Victoria is a member of has helped revitalize local agriculture commodity, but Sean had more than the Beta club, Future Business Leaders while preserving the ecological value of enough to go around. When everyone of America, and Family Career and the land. Each year, Marin County pro- was running a mile a minute, Sean was Community Leaders of America. She duces millions of dollars in livestock, a beacon of calm. When his coworkers was a People-to-People ambassador and livestock products, feed, and crops, were stressed to the point of breaking, volunteers in her community with the without diminishing the county’s bio- Sean could diffuse it with a wonderful Youth Advisory Council and Today’s logical vitality. one-liner that brought everything back Youth Tomorrow’s Leaders program. Over the past year, despite difficult into context. Victoria plans to attend the University economic times, MALT achieved per- He was also an amazing friend and of Arkansas and continue her edu- manent protection for a goat dairy, a had a quiet, charming sense of humor. cation in law school. small-scale sheep ranch, and a grade A His favorite day of the week was when Victoria is very deserving of this Holstein dairy that has been in oper- the cafeteria served chicken wings. He honor. I congratulate her for her deter- ation since 1933. These crucial projects would get a group together and go mination, dedication, and service and were funded through a combination of down to lunch on ‘‘wing day’’—he encourage her growth as a leader.∑ grants from public agencies and dona- looked forward to that day all week f tions from private individuals. long. The Marin Agricultural Land Trust’s Sean McGee was a young man who 30TH ANNIVERSARY OF MARIN vision and commitment to protecting brightened so many of our days, and he AGRICULTURAL LAND TRUST California’s ecological, environmental, will be terribly missed. ∑ Mrs. BOXER. Mr. President, I take and agricultural endowment should be I offer my sincerest condolences to this opportunity to recognize the 30th commended. Please join me in con- his parents Tom and Sharon, to his anniversary of Marin Agricultural gratulating MALT for its three decades

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1057 of hard work and wishing MALT much During her tenure of public service in century. A fierce rivalry began between more success in the years to come. I Minnehaha County, the number of reg- the Grant County Review and the Her- look forward to future generations hav- istered voters in the county has grown ald Review, pitting each paper against ing the opportunity to enjoy Marin from 75,000 to over 108,000. She has ef- each other for advertisers and breaking County’s rich agricultural tradition fectively managed 24 county elections news stories. Often Dolan and the edi- and natural beauty.∑ as well as Sioux Falls city and school tor of the Herald Review would trade f elections. In total, she has overseen the blows in the editorial section of their counting of over 1.3 million ballots. papers. REMEMBERING FRED HILL Additionally, Sue manages the ac- Sticking with the family tradition ∑ Mrs. BOXER. Mr. President, I take counting functions for the county. Dur- for journalism, William’s daughter this opportunity to honor the memory ing her 20 years of service, the county Phyllis pursued a journalism degree at of a very special man, Frederick budget has quadrupled. She has pro- South Dakota State University and the ‘‘Fred’’ Hill of Sonoma County, who vided oversight and counsel on a num- University of Minnesota. She then died on February 9, 2011. He was 75 ber of important issues impacting the came back to write for the paper and years old. county. She has also utilized her posi- help her father run the day-to-day ac- Fred Hill was a man of many talents tion as county auditor to educate the tivities. The family paper soon hired a and will be fondly remembered for his general public on numerous issues. She printer, Clarence Justice. Clarence diverse work in the literary world. has maintained a high level of profes- worked for many papers before coming Born in Philadelphia, PA, Fred went on sionalism and commitment to commu- to the Grant County Review, including to attend Brown University. Following nity service during her two decades of the Miller Gazette, the Interlakes graduation, Fred served in the Army service. Daily, and the Miller Press. After Wil- before getting a job as a travelling In addition to her elected service, liam S. Dolan passed away, his family textbook salesman with Knopf. He Sue has served in various leadership took over operation of the Grant Coun- later worked for Little, Brown as a capacities for many community orga- ty Review, with his wife Christine Western States salesman and then as nizations, including the PTA, Boy served as the new publisher, and his head of the company’s international di- Scouts, Girl Scouts, United Way, the daughter Phyllis as the new editor. vision. Throughout this transformative Sioux Falls Washington High School William always fought for small busi- time of travel and networking, Fred re- Booster Club, the Dow Rummel Village ness and rural farmers, and served as alized his gift: he loved writers, he board of trustees, the Sioux Falls Busi- the president for the Board of Regents, loved publishers, and he was uniquely ness and Professional Women, and the overseeing South Dakota’s public uni- gifted in his ability to interact with First Congregational Church. She cur- versities. In 1962, William S. Dolan was and explain one to the other. rently serves on the board of elected to the South Dakota Newspaper Fred relocated to the San Francisco Hall of Fame. In 1982, Phyllis was Bay area in the late 1970s. In 1979, after Here4Youth, an organization which provides day care and out-of-school elected as the first female president of 5 years as general manager at Sierra the South Dakota Press Association, Club Books, he rented an office on care to children ages 3–21 with a special emphasis on children with special and in 1988 she joined her father in the Union Street and opened his own agen- South Dakota Newspaper Hall of Fame. cy, which is now run by his business needs. I commend Sue for her great dedica- Phyllis’ boundary breaking honors partner, Bonnie Nadell. Fred remained serve as an inspiration to women in on Union Street, in one office or an- tion and commitment to the people of Minnehaha County and the State of journalism. Clarence and Phyllis both other, until he decided to move his received distinguished service awards business to Glen Ellen, where he re- South Dakota. She can take great pride in her service. I want to wish Sue for their work in journalism for the sided with his partner, Peter Gilliam. South Dakota Newspaper Association. The job of a literary agent is all en- and her family all the best in retire- ment and good luck in all future en- In 1997, the Grant County Review re- compassing, as their success depends ceived the distinguished Bishop Dudley deavors.∑ on their client’s success. Authors be- award from the Diocese of Sioux Falls, stow a great deal of trust to their f for Clarence and Phyllis’ dedication to agents, and I know personally that TRIBUTE TO THE DOLAN-JUSTICE integrity and religious values. The Fred Hill was an outstanding agent. He FAMILY Grant County Review has the largest was able to be encouraging and yet be ∑ readership of any weekly newspaper in critical where warranted. Mr. JOHNSON of South Dakota. Mr. President, today I wish to pay tribute the State. This achievement highlights Fred worked diligently to advance the incredible devotion this family and the products and interests of his cli- to the Dolan-Justice family on the 100th anniversary of owning the Grant the paper’s employees have to the re- ents, and could always be counted on sponsibility of disseminating the news. to excite virtually anyone about a cli- County Review of Milbank, SD. This occasion highlights the Dolan-Justice I am proud to honor the Dolan-Justice ent’s book. Fred’s clients ranged from family on reaching this hallmark, and best-selling novelist Richard North family commitment to the newspaper industry and to the Grant County com- on being reliable, responsible members Patterson to nonfiction writer Michael of the journalism community.∑ Murphy. He also worked with an exten- munity. f sive list of food writers, including On February 11, 1911, 24-year-old Wil- Carol Field, Hubert Keller, David liam S. Dolan acquired the Grant MESSAGES FROM THE HOUSE County Review. This started a 46-year Lebovitz, and Gerald Hirigoyen. At 10:40 a.m., a message from the adventure as editor of the small town Those who knew Fred Hill recognized House of Representatives, delivered by weekly newspaper. In a time with vir- him as a uniquely innovative and bril- Mrs. Cole, one of its reading clerks, an- tually no access to television or radio, liant man. His work in the literary nounced that that House has passed the the local newspaper was the only world will be remembered fondly by all following bills, in which it requests the source of news for small town South those whose lives he touched. He will concurrence of the Senate: Dakota. With no experience in news be deeply missed. H.R. 347. An act to correct and simplify the Fred is survived by his partner of 31 media, William quickly learned the drafting of section 1752 (relating to re- years, Peter Gilliam.∑ ropes. The Grant County Review be- stricted buildings or grounds) of title 18, f came a family affair. William’s wife, United States Code. Christine Olson, was a trusted adviser H.R. 368. An act to amend title 28, United TRIBUTE TO SUE ROUST to the paper, and his sister-in-law, Vic- States Code, to clarify and improve certain ∑ Mr. JOHNSON of South Dakota. Mr. toria Olson, even set the type on the provisions relating to the removal of litiga- President, today I recognize a devoted linograph machine by hand. While tion against Federal officers or agencies to Federal courts, and for other purposes. and dedicated public servant in my other surrounding newspapers folded, H.R. 386. An act to amend title 18, United home State of South Dakota. Sue William’s accounting background and States Code, to provide penalties for aiming Roust has served as Minnehaha County hard work enabled the Grant County laser pointers at airplanes, and for other pur- auditor for five terms and is retiring. Review to continue through the 20th poses.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1058 CONGRESSIONAL RECORD — SENATE March 1, 2011 H.R. 394. An act to amend title 28, United and Hazardous Materials Safety Administra- ant to law, the report of a rule entitled States Code, to clarify the jurisdiction of the tion, Department of Transportation, trans- ‘‘Regulated Navigation Area, Chicago Sani- Federal courts, and for other purposes. mitting, pursuant to law, the report of a rule tary and Ship Canal, Romeoville, IL; Safety entitled ‘‘Hazardous Materials: Enhanced Zone, Chicago Sanitary and Ship Canal, At 5:05 p.m., a message from the Enforcement Authority Procedures’’ Romeoville, IL’’ ((RIN1625–AA11 and House of Representatives, delivered by (RIN2137–AE13) received during adjournment RIN1625–AA00) (Docket No. USCG–2010–1054)) Mrs. Cole, one of its reading clerks, an- of the Senate in the Office of the President received in the Office of the President of the nounced that the House has passed the of the Senate on February 25, 2011; to the Senate on February 16, 2011; to the Com- Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- following joint resolution, in which it Transportation. tation. requests the concurrence of the Senate: EC–696. A communication from the Attor- EC–704. A communication from the Attor- H. J. Res. 44. Joint resolution making fur- ney Advisor, U.S. Coast Guard, Department ney Advisor, U.S. Coast Guard, Department ther continuing appropriations for fiscal of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- year 2011, and for other purposes. ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Pro- ‘‘Temporary Security Zones; San Francisco tection for Whistleblowers in the Coast f Bay, Delta Ports, Monterey Bay and Hum- Guard’’ ((RIN1625–AB33) (Docket No. USCG– MEASURES REFERRED boldt Bay, CA’’ (Docket No. USCG–2010–0721) 2009–0239)) received in the Office of the Presi- received in the Office of the President of the dent of the Senate on February 16, 2011; to The following bills were read the first Senate on February 16, 2011; to the Com- the Committee on Commerce, Science, and and the second times by unanimous mittee on Commerce, Science, and Transpor- Transportation. consent, and referred as indicated: tation. EC–705. A communication from the Acting H.R. 347. An act to correct and simplify the EC–697. A communication from the Attor- Director, Office of Sustainable Fisheries, De- drafting of section 1752 (relating to re- ney Advisor, U.S. Coast Guard, Department partment of Commerce, transmitting, pursu- stricted buildings or grounds) of title 18, of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled United States Code; to the Committee on the ant to law, the report of a rule entitled ‘‘An- ‘‘Magnuson-Stevens Fishery Conservation Judiciary. chorage Regulations; Long Island Sound’’ and Management Act Provisions; Fisheries H.R. 368. An act to amend title 28, United (Docket No. USCG–2008–0171) received in the of the Northeastern United States; Atlantic States Code, to clarify and improve certain Office of the President of the Senate on Feb- Sea Scallop Fishery; Closure of the Del- provisions relating to the removal of litiga- ruary 16, 2011; to the Committee on Com- marva Scallop Access Area to Limited Ac- tion against Federal officers or agencies to merce, Science, and Transportation. cess General Category (LAGC) Individual Federal courts, and for other purposes; to EC–698. A communication from the Attor- Fishing Quota (IFQ) Scallop Vessels’’ the Committee on the Judiciary. ney Advisor, U.S. Coast Guard, Department (RIN0648–XA171) received during adjourn- H.R. 386. An act to amend title 18, United of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- States Code, to provide penalties for aiming ant to law, the report of a rule entitled dent of the Senate on February 18, 2011; to laser pointers at airplanes, and for other pur- ‘‘Safety Zone; Sacramento New Year’s Eve, the Committee on Commerce, Science, and poses; to the Committee on the Judiciary. Fireworks Display, Sacramento, CA’’ Transportation. H.R. 394. An act to amend title 28, United ((RIN1625–AA00) (Docket No. USCG–2010– EC–706. A communication from the Acting States Code, to clarify the jurisdiction of the 1079)) received in the Office of the President Director, Office of Sustainable Fisheries, De- Federal courts, and for other purposes; to of the Senate on February 16, 2011; to the partment of Commerce, transmitting, pursu- the Committee on the Judiciary. Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘Re- Transportation. moval of Expired Federal Aviation Adminis- f EC–699. A communication from the Attor- tration Regulations and References’’ MEASURES PLACED ON THE ney Advisor, U.S. Coast Guard, Department ((RIN2120–AA66) (Docket No. FAA–2011–0092)) CALENDAR of Homeland Security, transmitting, pursu- received during adjournment of the Senate ant to law, the report of a rule entitled in the Office of the President of the Senate The following bill was read the sec- ‘‘Safety Zone; Fireworks Displays, Potomac on February 25, 2011; to the Committee on ond time, and placed on the calendar: River, National Harbor, MD’’ ((RIN1625– Commerce, Science, and Transportation. H.R. 1. An act making appropriations for AA00) (Docket No. USCG–2010–076)) received EC–707. A communication from the Senior the Department of Defense and the other de- in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- partments and agencies of the Government on February 16, 2011; to the Committee on tration, Department of Transportation, for the fiscal year ending September 30, 2011, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–700. A communication from the Attor- and for other purposes. a rule entitled ‘‘Removal of Expired Federal ney Advisor, U.S. Coast Guard, Department Aviation Administration Regulations and f of Homeland Security, transmitting, pursu- References’’ ((RIN2120–AA66) (Docket No. EXECUTIVE AND OTHER ant to law, the report of a rule entitled FAA–2011–0092)) received during adjournment ‘‘Safety Zone; Richardson Ash Scattering by of the Senate in the Office of the President COMMUNICATIONS Fireworks, San Francisco, CA’’ ((RIN1625– of the Senate on February 25, 2011; to the The following communications were AA00) (Docket No. USCG–2010–0902)) received Committee on Commerce, Science, and laid before the Senate, together with in the Office of the President of the Senate Transportation. accompanying papers, reports, and doc- on February 16, 2011; to the Committee on EC–708. A communication from the Senior Commerce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- uments, and were referred as indicated: EC–701. A communication from the Attor- tration, Department of Transportation, EC–693. A communication from the Assist- ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of ant Chief Counsel for General Law, Pipeline of Homeland Security, transmitting, pursu- a rule entitled ‘‘Amendment of Class E Air- and Hazardous Materials Safety Administra- ant to law, the report of a rule entitled space; Muncie, IN’’ ((RIN2120–AA66) (Docket tion, Department of Transportation, trans- ‘‘Safety Zone; Gulf Intracoastal Waterway, No. FAA–2010–1032)) received during adjourn- mitting, pursuant to law, the report of a rule Mile Marker 49.0 to 50.0, West of Harvey ment of the Senate in the Office of the Presi- entitled ‘‘Pipeline Safety: Mechanical Fit- Locks, Bank to Bank, Bayou Blue Pontoon dent of the Senate on February 25, 2011; to ting Failure Reporting Requirements’’ Bridge, Lafourche Parish, LA’’ ((RIN1625– the Committee on Commerce, Science, and (RIN2137–AE60) received during adjournment AA00) (Docket No. USCG–2010–0999)) received Transportation. of the Senate in the Office of the President in the Office of the President of the Senate EC–709. A communication from the Senior of the Senate on February 25, 2011; to the on February 16, 2011; to the Committee on Program Analyst, Federal Aviation Adminis- Committee on Commerce, Science, and Commerce, Science, and Transportation. tration, Department of Transportation, Transportation. EC–702. A communication from the Attor- transmitting, pursuant to law, the report of EC–694. A communication from the Assist- ney Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Establishment of Class E ant Chief Counsel for General Law, Pipeline of Homeland Security, transmitting, pursu- Airspace; Martinsville, IN’’ ((RIN2120–AA66) and Hazardous Materials Safety Administra- ant to law, the report of a rule entitled (Docket No. FAA–2010–1031)) received during tion, Department of Transportation, trans- ‘‘Regulated Navigation Area; Thea Foss and adjournment of the Senate in the Office of mitting, pursuant to law, the report of a rule Wheeler-Osgood Waterways EPA Superfund the President of the Senate on February 25, entitled ‘‘Hazardous Materials: Limiting the Cleanup Site, Commencement Bay, Tacoma, 2011; to the Committee on Commerce, Use of Electronic Devices by Highway’’ WA’’ ((RIN1625–AA11) (Docket No. USCG– Science, and Transportation. (RIN2137–AE63) received during adjournment 2008–0747)) received in the Office of the Presi- EC–710. A communication from the Senior of the Senate in the Office of the President dent of the Senate on February 16, 2011; to Program Analyst, Federal Aviation Adminis- of the Senate on February 25, 2011; to the the Committee on Commerce, Science, and tration, Department of Transportation, Committee on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Transportation. EC–703. A communication from the Attor- a rule entitled ‘‘Amendment of Class B Air- EC–695. A communication from the Assist- ney Advisor, U.S. Coast Guard, Department space; Cleveland, OH’’ ((RIN2120–AA66) ant Chief Counsel for General Law, Pipeline of Homeland Security, transmitting, pursu- (Docket No. FAA–2009–0514)) received

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1059 during adjournment of the Senate in the Of- ness), transmitting the report of (2) officers and Certificate of Compliance Terms’’ fice of the President of the Senate on Feb- authorized to wear the insignia of the grade (RIN3150–AI09) received during adjournment ruary 25, 2011; to the Committee on Com- of brigadier general in accordance with title of the Senate in the Office of the President merce, Science, and Transportation. 10, United States Code, section 777; to the of the Senate on February 23, 2011; to the EC–711. A communication from the Senior Committee on Armed Services. Committee on Environment and Public Program Analyst, Federal Aviation Adminis- EC–720. A communication from the Assist- Works. tration, Department of Transportation, ant Secretary, Bureau of Legislative Affairs, EC–729. A communication from the Direc- transmitting, pursuant to law, the report of Department of State, transmitting, pursuant tor of Congressional Affairs, Nuclear Regu- a rule entitled ‘‘Revision of Class E Airspace; to law, a report relative to current military, latory Commission, transmitting, pursuant Platinum, AK’’ ((RIN2120–AA66) (Docket No. diplomatic, political, and economic measures to law, the report of a rule entitled ‘‘Notice FAA–2010–1105)) received during adjournment that are being or have been undertaken to of Availability of Model Application and of the Senate in the Office of the President complete our mission in Iraq successfully; to Safety Evaluation for Plant-Specific Adop- of the Senate on February 25, 2011; to the the Committee on Armed Services. tion of TSTF–423, Revision 1 ‘Technical Committee on Commerce, Science, and EC–721. A communication from the Chief Specifications End States, NEDC–32988–A’’’ Transportation. Counsel, Federal Emergency Management (NUREG–1433 and NUREG–1434) received dur- EC–712. A communication from the Senior Agency, Department of Homeland Security, ing adjournment of the Senate in the Office Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of of the President of the Senate on February tration, Department of Transportation, a rule entitled ‘‘Suspension of Community 22, 2011; to the Committee on Environment transmitting, pursuant to law, the report of Eligibility’’ ((44 CFR Part 64) (Docket No. and Public Works. a rule entitled ‘‘Revision of Class E Airspace; FEMA–7923)) received during adjournment of EC–730. A communication from the Chief Barrow, AK’’ ((RIN2120–AA66) (Docket No. the Senate in the Office of the President of Counsel of the Fiscal Service, Bureau of Pub- FAA–2010–0722)) received during adjournment the Senate on February 23, 2011; to the Com- lic Debt, Department of the Treasury, trans- of the Senate in the Office of the President mittee on Banking, Housing, and Urban Af- mitting, pursuant to law, the report of a rule of the Senate on February 25, 2011; to the fairs. entitled ‘‘Sale and Issue of Marketable Book- Committee on Commerce, Science, and EC–722. A communication from the Chief Entry Treasury Bills, Notes, and Bonds; Min- Transportation. Counsel, Federal Emergency Management imum Interest Rate’’ (31 CFR Part 356) re- EC–713. A communication from the Senior Agency, Department of Homeland Security, ceived in the Office of the President of the Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of Senate on February 28, 2011; to the Com- tration, Department of Transportation, a rule entitled ‘‘Final Flood Elevation Deter- mittee on Finance. transmitting, pursuant to law, the report of minations’’ ((44 CFR Part 67) (Docket No. EC–731. A communication from the Com- a rule entitled ‘‘Revision of Class E Airspace; FEMA–02010–0003)) received during adjourn- missioner of the Social Security Administra- Savoonga, AK’’ ((RIN2120–AA66) (Docket No. ment of the Senate in the Office of the Presi- tion, transmitting, pursuant to law, a report FAA–2010–1103)) received during adjournment dent of the Senate on February 25, 2011; to relative to the Administration’s processing of the Senate in the Office of the President the Committee on Banking, Housing, and of continuing disability reviews for fiscal of the Senate on February 25, 2011; to the Urban Affairs. year 2009; to the Committee on Finance. Committee on Commerce, Science, and EC–723. A communication from the Direc- EC–732. A communication from the Presi- Transportation. tor, Financial Crimes Enforcement Network, dent of the United States of America, trans- EC–714. A communication from the Senior Department of the Treasury, transmitting, mitting, pursuant to law the Economic Re- Program Analyst, Federal Aviation Adminis- pursuant to law, the report of a rule entitled port of the President together with the 2011 tration, Department of Transportation, ‘‘Transfer and Reorganization of Bank Se- Annual Report of the Council of Economic transmitting, pursuant to law, the report of crecy Act Regulations—Technical Amend- Advisers; to the Joint Economic Committee. a rule entitled ‘‘Airworthiness Directives; ment’’ (RIN1506–AA92) received in the Office EC–733. A communication from the Assist- General Electric Company CF6–45 and CF6–50 of the President of the Senate on February ant Secretary, Legislative Affairs, Depart- Series Turbofan Engines’’ ((RIN2120–AA64) 17, 2011; to the Committee on Banking, Hous- ment of State, transmitting, pursuant to (Docket No. FAA–2010–0068)) received during law, status reports relative to Iraq for the adjournment of the Senate in the Office of ing, and Urban Affairs. EC–724. A communication from the General period of October 20, 2010 through December the President of the Senate on February 25, Counsel of the Federal Housing Finance 20, 2010; to the Committee on Foreign Rela- 2011; to the Committee on Commerce, Agency, transmitting, pursuant to law, the tions. Science, and Transportation. EC–734. A communication from the Assist- EC–715. A communication from the Direc- report of a rule entitled ‘‘Minimum Capital— ant Secretary, Legislative Affairs, Depart- tor of Defense Procurement and Acquisition Temporary Increase’’ (RIN2590–AA01) re- ment of State, transmitting, pursuant to Policy, Department of Defense, transmit- ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on law, the Fiscal Year 2010 Annual Report on titled ‘‘Defense Federal Acquisition Regula- February 25, 2011; to the Committee on U.S. Government Assistance to and Coopera- tion Supplement; Payments in Support of Banking, Housing, and Urban Affairs. tive Activities with Eurasia; to the Com- Emergencies and Contingency Operations’’ EC–725. A communication from the Chair- mittee on Foreign Relations. EC–735. A communication from the Deputy ((RIN0750–AF51) (DFARS Case 2009–D020)) re- man of the Federal Energy Regulatory Com- Director for Operations, Legislative and Reg- ceived in the Office of the President of the mission, transmitting, pursuant to law, a re- Senate on February 28, 2011; to the Com- port relative to the progress made in licens- ulatory Department, Pension Benefit Guar- mittee on Armed Services. ing and constructing the Alaska Natural Gas anty Corporation, transmitting, pursuant to EC–716. A communication from the Direc- Pipeline; to the Committee on Energy and law, the report of a rule entitled ‘‘Benefits tor of Defense Procurement and Acquisition Natural Resources. Payable in Terminated Single-Employer Policy, Department of Defense, transmit- EC–726. A communication from the Chief, Plans; Interest Assumptions for Paying Ben- ting, pursuant to law, the report of a rule en- Branch of Foreign Species, Fish and Wildlife efits’’ (29 CFR Part 4022 ) received during ad- titled ‘‘Defense Federal Acquisition Regula- Services, Department of the Interior, trans- journment of the Senate in the Office of the tion Supplement; Preservation of Tooling for mitting, pursuant to law, the report of a rule President of the Senate on February 22, 2011; Major Defense Acquisition Programs’’ entitled ‘‘Endangered and Threatened Wild- to the Committee on Health, Education, ((RIN0750–AG45) (DFARS Case 2008–D042)) re- life and Plants; Listing Seven Brazilian Bird Labor, and Pensions. ceived during adjournment of the Senate in Species as Endangered Throughout Their EC–736. A communication from the Deputy the Office of the President of the Senate on Range’’ (RIN1018–AV74) received in the Office Director for Operations, Legislative and Reg- February 25, 2011; to the Committee on of the President of the Senate on February ulatory Department, Pension Benefit Guar- Armed Services. 16, 2011; to the Committee on Environment anty Corporation, transmitting, pursuant to EC–717. A communication from the Assist- and Public Works. law, the report of a rule entitled ‘‘Benefits ant Secretary of the Navy (Research, Devel- EC–727. A communication from the Direc- Payable in Terminated Single-Employer opment and Acquisition), transmitting, pur- tor of the Regulatory Management Division, Plans; Interest Assumptions for Paying Ben- suant to law, a report relative to overseas Office of Policy, Environmental Protection efits’’ (29 CFR Part 4022) received during ad- ship repairs; to the Committee on Armed Agency, transmitting, pursuant to law, the journment of the Senate in the Office of the Services. report of a rule entitled ‘‘Approval and Pro- President of the Senate on February 25, 2011; EC–718. A communication from the Prin- mulgation of Air Quality Implementation to the Committee on Health, Education, cipal Deputy Under Secretary of Defense Plans; Maryland; Amendment to the Defini- Labor, and Pensions. (Acquisition, Technology and Logistics), tion of Fuel-Burning Equipment’’ (FRL No. EC–737. A communication from the Deputy transmitting, pursuant to law, a report rel- 9268–2) received in the Office of the President Director of Regulations and Policy Manage- ative to Title 10, U.S. Code 2464 requiring no- of the Senate on February 28, 2011; to the ment Staff, Food and Drug Administration, tification of Congress the first time a weap- Committee on Environment and Public Department of Health and Human Services, on system or other item of military equip- Works. transmitting, pursuant to law, the report of ment is determined to be a commercial item; EC–728. A communication from the Direc- a rule entitled ‘‘Medical Devices; General to the Committee on Armed Services. tor of Congressional Affairs, Nuclear Regu- and Plastic Surgery Devices; Classification EC–719. A communication from the Under latory Commission, transmitting, pursuant of Contact Cooling System for Aesthetic Secretary of Defense (Personnel and Readi- to law, the report of a rule entitled ‘‘License Use’’ ((21 CFR Part 878) (Docket No. FDA–

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1060 CONGRESSIONAL RECORD — SENATE March 1, 2011 2010–D–0645)) received during adjournment of S. Res. 81. An original resolution author- continued violation of the International Cov- the Senate in the Office of the President of izing expenditures by committees of the Sen- enants on Human Rights; to the Committee the Senate on February 24, 2011; to the Com- ate for the periods March 1, 2011, through on Foreign Relations. mittee on Health, Education, Labor, and September 30, 2011, and October 1, 2011, By Mr. SCHUMER: Pensions. through September 30, 2012, and October 1, S. Res. 81. An original resolution author- EC–738. A communication from the Sec- 2012, through February 28, 2013. izing expenditures by committees of the Sen- retary of Health and Human Services, trans- ate for the periods March 1, 2011, through f mitting, pursuant to law, the Food and Drug September 30, 2011, and October 1, 2011, Administration’s annual Report to Congress INTRODUCTION OF BILLS AND through September 30, 2012, and October 1, on the Food and Drug Administration Advi- JOINT RESOLUTIONS 2012, through February 28, 2013; from the sory Committee Vacancies and Public Dis- Committee on Rules and Administration; closures; to the Committee on Health, Edu- The following bills and joint resolu- placed on the calendar. cation, Labor, and Pensions. tions were introduced, read the first By Mr. PAUL: EC–739. A communication from the Sec- and second times by unanimous con- S. Res. 82. A resolution to provide suffi- retary of Education, transmitting, pursuant sent, and referred as indicated: cient time for legislation to be read; to the to law, the Fiscal Year 2010 Annual Perform- By Mr. ENSIGN: Committee on Rules and Administration. ance Report; to the Committee on Health, S. 422. A bill to improve consumer access By Mr. REED (for himself and Ms. COL- Education, Labor, and Pensions. to passenger vehicle loss data held by insur- LINS): EC–740. A communication from the Direc- S. Res. 83. A resolution designating March ers, and for other purposes; to the Com- tor of Legal Affairs and Policy, Office of the 2, 2011, as ‘‘Read Across America Day’’; con- mittee on Commerce, Science, and Transpor- Federal Register, National Archives and sidered and agreed to. tation. Records Administration, transmitting, pur- By Mr. CASEY (for himself, Mr. BURR, By Mr. BURR: suant to law, the report of a rule entitled Mr. BROWN of Ohio, Mr. MENENDEZ, S. 423. A bill to amend title 38, United ‘‘Regulations Affecting Publication of the Mr. CARDIN, Mr. LEAHY, Mrs. BOXER, States Code, to provide authority for retro- United States Government Manual’’ (A.G. Mrs. HAGAN, Mrs. GILLIBRAND, Mr. active effective date for awards of disability Order No. 3252–2011) received in the Office of MANCHIN, Mr. UDALL of New Mexico, compensation in connection with applica- the President of the Senate on February 28, and Mr. LAUTENBERG): 2011; to the Committee on Homeland Secu- tions that are fully-developed at submittal, S. Res. 84. A resolution expressing support rity and Governmental Affairs. and for other purposes; to the Committee on for internal rebuilding, resettlement, and EC–741. A communication from the Sec- Veterans’ Affairs. reconciliation within Sri Lanka that are retary of Energy, transmitting, pursuant to By Mr. SCHUMER (for himself, Mr. necessary to ensure a lasting peace; consid- law, the Fiscal Year 2010 Agency Financial ROBERTS, and Mr. CONRAD): ered and agreed to. Report; to the Committee on Homeland Se- S. 424. A bill to amend title XVIII of the By Mr. MENENDEZ (for himself, Mr. Social Security Act to preserve access to curity and Governmental Affairs. KIRK, Mr. LAUTENBERG, Mr. DURBIN, EC–742. A communication from the Deputy ambulance services under the Medicare pro- Mrs. GILLIBRAND, Mr. SANDERS, Mr. Archivist, National Archives and Records gram; to the Committee on Finance. WHITEHOUSE, Mr. SCHUMER, Mr. Administration, transmitting, pursuant to By Mr. UDALL of Colorado (for him- CASEY, Mr. WYDEN, and Mr. CARDIN): law, the report of a rule entitled ‘‘Appeal Au- self, Ms. STABENOW, Mr. ISAKSON, Mr. S. Res. 85. A resolution strongly con- thority when Researcher Privileges are Re- CASEY, and Mr. JOHANNS): demning the gross and systematic violations voked’’ (RIN3095–AB69) received in the Office S. 425. A bill to amend the Public Health of human rights in Libya, including violent of the President of the Senate on February Service Act to provide for the establishment attacks on protesters demanding democratic 28, 2011; to the Committee on Homeland Se- of permanent national surveillance systems reforms, and for other purposes; considered curity and Governmental Affairs. for multiple sclerosis, Parkinson’s disease, and agreed to. EC–743. A communication from the Direc- and other neurological diseases and dis- By Mrs. FEINSTEIN (for herself, Mr. tor, Employee Services, Office of Personnel orders; to the Committee on Health, Edu- CHAMBLISS, Mr. WARNER, Ms. MIKUL- Management, transmitting, pursuant to law, cation, Labor, and Pensions. SKI, Mr. RUBIO, Mr. BURR, Ms. SNOWE, the report of a rule entitled ‘‘Prevailing Rate By Mr. SANDERS (for himself, Mr. Mr. NELSON of Florida, Mr. ROCKE- Systems; Definition of Tulsa County, Okla- BROWN of Ohio, and Ms. MIKULSKI): FELLER, Mr. BLUNT, Mr. RISCH, Mr. homa, and Angelina County, Texas, to Non- S. 426. A bill to strengthen student LEVIN, Mr. MCCAIN, and Mr. SHELBY): appropriated Fund Federal Wage System achievement and graduation rates and pre- S. Res. 86. A resolution recognizing the De- Wage Areas’’ (RIN3206–AM22) received in the pare young people for college, careers, and fense Intelligence Agency on its 50th Anni- Office of the President of the Senate on citizenship through innovative partnerships versary; to the Select Committee on Intel- March 1, 2011; to the Committee on Home- that meet the comprehensive needs of chil- ligence. land Security and Governmental Affairs. dren and youth; to the Committee on Health, f EC–744. A communication from the Direc- Education, Labor, and Pensions. tor, Employee Services, Office of Personnel By Mr. REID (for himself and Mr. EN- ADDITIONAL COSPONSORS Management, transmitting, pursuant to law, SIGN): S. 20 the report of a rule entitled ‘‘Prevailing Rate S. 427. A bill to withdraw certain land lo- Systems; Redefinition of the Shreveport, LA; cated in Clark County, Nevada, from loca- At the request of Mr. HATCH, the Texarkana, TX; Milwaukee, WI; and South- tion, entry, and patent under the mining name of the Senator from Maine (Ms. western Wisconsin Appropriated Fund Fed- laws and disposition under all laws per- SNOWE) was added as a cosponsor of S. eral Wage System Wage Areas’’ (RIN3206– taining to mineral and geothermal leasing or 20, a bill to protect American job cre- AM28) received in the Office of the President mineral materials, and for other purposes; to ation by striking the job-killing Fed- of the Senate on March 1, 2011; to the Com- the Committee on Energy and Natural Re- eral employer mandate. mittee on Homeland Security and Govern- sources. S. 23 mental Affairs. By Mrs. MCCASKILL: EC–745. A communication from the Execu- S. 428. A bill to establish the Office of the At the request of Mr. LEAHY, the tive Director, Christopher Columbus Fellow- Inspector General of the Senate; to the Com- names of the Senator from Rhode Is- ship Foundation, transmitting, pursuant to mittee on Rules and Administration. land (Mr. WHITEHOUSE) and the Senator law, the General/Trust Fund Financial By Mrs. MCCASKILL: from New York (Mr. SCHUMER) were Statements for Fiscal Year 2011; to the Com- S. 429. A bill to improve the reporting re- added as cosponsors of S. 23, a bill to mittee on Homeland Security and Govern- quirements relating to foreign travel by amend title 35, United States Code, to mental Affairs. members of Congress and the use of foreign EC–746. A communication from the Execu- provide for patent reform. currency; to the Committee on Homeland Se- tive Director, Christopher Columbus Fellow- S. 202 curity and Governmental Affairs. ship Foundation, transmitting, pursuant to At the request of Mr. PAUL, the name law, the Fiscal Year 2010 Performance Ac- f of the Senator from Utah (Mr. LEE) was countability Report and Financial State- SUBMISSION OF CONCURRENT AND added as a cosponsor of S. 202, a bill to ments; to the Committee on Homeland Secu- SENATE RESOLUTIONS require a full audit of the Board of rity and Governmental Affairs. Governors of the Federal Reserve Sys- f The following concurrent resolutions and Senate resolutions were read, and tem and the Federal Reserve banks by REPORTS OF COMMITTEES referred (or acted upon), as indicated: the Comptroller General of the United States before the end of 2012, and for The following reports of committees By Mr. KIRK (for himself and Mr. DUR- other purposes. were submitted: BIN): By Mr. SCHUMER, from the Committee on S. Res. 80. A resolution condemning the S. 219 Rules and Administration, without amend- Government of Iran for its state-sponsored At the request of Mr. TESTER, the ment: persecution of its Baha’i minority and its name of the Senator from Iowa (Mr.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1061 HARKIN) was added as a cosponsor of S. Cemetery should be provided for a me- That is why I am re-introducing leg- 219, a bill to require Senate candidates morial marker to honor the memory of islation to stop the development of the to file designations, statements, and the Jewish chaplains who died while on proposed 640-acre gravel pit by with- reports in electronic form. active duty in the Armed Forces of the drawing the area from location, entry, S. 248 United States. and patent under the mining laws and At the request of Mr. LEAHY, his S. CON. RES. 7 disposition under all laws pertaining to name was added as a cosponsor of S. At the request of Mr. BARRASSO, the mineral materials. This legislation en- 248, a bill to allow an earlier start for name of the Senator from Missouri sures the safety of Nevadans and puts State health care coverage innovation (Mr. BLUNT) was added as a cosponsor an end to this proposed mining oper- waivers under the Patient Protection of S. Con. Res. 7, a concurrent resolu- ation once and for all. The opposition to the proposed gravel and Affordable Care Act. tion supporting the Local Radio Free- mine is overwhelming. I have received dom Act. S. 249 petitions with thousands—literally At the request of Mr. HATCH, the S. RES. 20 thousands—of signatures from people name of the Senator from Oklahoma At the request of Mr. JOHANNS, the who are up in arms over the proposed (Mr. INHOFE) was added as a cosponsor name of the Senator from Pennsyl- gravel mine because of its potential ef- of S. 249, a bill to amend the Endan- vania (Mr. TOOMEY) was added as a co- fect on the health of residents and the gered Species Act of 1973 to provide sponsor of S. Res. 20, a resolution ex- toll that operations would have on an that Act shall not apply to any gray pressing the sense of the Senate that otherwise peaceful community. The wolf (Canis lupus). the United States should immediately project would be located on federal S. 255 approve the United States-Korea Free land, so local governments are limited At the request of Mr. ENSIGN, the Trade Agreement, the United States- in their ability to influence the out- name of the Senator from Kansas (Mr. Colombia Trade Promotion Agreement, come of the Sloan Hills proposal. It is ROBERTS) was added as a cosponsor of and the United States-Panama Trade clear, though, that the location envi- S. 255, a bill to require the Congres- Promotion Agreement. sioned for this project is not in the best sional Budget Office and the Joint S. RES. 47 interests of our community. Committee on Taxation to use dynamic At the request of Mr. ROBERTS, the Despite strong local opposition, the economic modeling in addition to stat- names of the Senator from Missouri Bureau of Land Management has un- ic economic modeling in the prepara- (Mrs. MCCASKILL) and the Senator from dertaken an evaluation of the proposed tion of budgetary estimates of proposed Missouri (Mr. BLUNT) were added as co- gravel operation at Sloan Hills. If ap- changes in Federal revenue law. sponsors of S. Res. 47, a resolution rec- proved, the resulting mine would blast rock, crush gravel, kick up dust, and S. 294 ognizing the importance of biosecurity consume precious water resources up At the request of Mr. SANDERS, the and agrodefense in the United States. to twenty-four hours a day, every day, name of the Senator from Ohio (Mr. AMENDMENT NO. 112 for thirty years. This would all be done At the request of Mr. VITTER, the BROWN) was added as a cosponsor of S. just a stone’s throw away from peace- 294, a bill to enhance early care and names of the Senator from Nevada (Mr. ful Henderson neighborhoods. Resi- education. ENSIGN) and the Senator from Ken- dents are justifiably worried that this S. 362 tucky (Mr. PAUL) were added as co- project will reduce their home values, At the request of Mr. WHITEHOUSE, sponsors of amendment No. 112 pro- harm their health, and impact their the name of the Senator from Oregon posed to S. 23, a bill to amend title 35, overall quality of life. (Mr. MERKLEY) was added as a cospon- United States Code, to provide for pat- Most troublesome to Henderson resi- sor of S. 362, a bill to amend the Public ent reform. dents are large clouds of fine particu- Health Service Act to provide for a AMENDMENT NO. 116 late matter that would be generated by Pancreatic Cancer Initiative, and for At the request of Mr. BENNET, the mining activities at the Sloan Hills other purposes. name of the Senator from Arkansas site. This dust pollution, kicked up by S. 388 (Mr. PRYOR) was added as a cosponsor the proposed gravel operation, could At the request of Mrs. BOXER, the of amendment No. 116 proposed to S. 23, exacerbate air quality challenges in name of the Senator from West Vir- a bill to amend title 35, United States the Las Vegas Valley and would be par- ginia (Mr. ROCKEFELLER) was added as Code, to provide for patent reform. ticularly troublesome for the nearby, a cosponsor of S. 388, a bill to prohibit f age-restricted communities—home to many seniors already suffering from Members of Congress and the President STATEMENTS ON INTRODUCED from receiving pay during Government respiratory problems. BILLS AND JOINT RESOLUTIONS This bill is important to me and to shutdowns. By Mr. REID (for himself and Mr. the people of southern Nevada. I want S. 414 ENSIGN): to thank Steve Sisolak, vice chair of At the request of Mr. DURBIN, the S. 427. A bill to withdraw certain the Clark County Commission, for all name of the Senator from California land located in Clark County, Nevada, his hard work championing this issue (Mrs. FEINSTEIN) was added as a co- from location, entry, and patent under in Southern Nevada. Keeping our com- sponsor of S. 414, a bill to protect girls the mining laws and disposition under munities safe, healthy, and livable is in developing countries through the all laws pertaining to mineral and geo- critical. prevention of child marriage, and for thermal leasing or mineral materials, I appreciate your help and I look for- other purposes. and for other purposes; to the Com- ward to working with Chairman BINGA- S. 418 mittee on Energy and Natural Re- MAN, Ranking Member MURKOWSKI and At the request of Mr. HARKIN, the sources. the other distinguished members of the name of the Senator from South Da- Mr. REID. Mr. President, I rise today Senate Energy Committee to move this kota (Mr. JOHNSON) was added as a co- with my good friend Senator ENSIGN to legislation forward in the near future. sponsor of S. 418, a bill to award a Con- introduce the Sloan Hills Withdrawal Mr. President, I ask unanimous con- gressional Gold Medal to the World Act of 2010. sent that the text of the bill be printed War II members of the Civil Air Patrol. For nearly a decade, there has been in the RECORD. There being no objection, the text of S. CON. RES. 4 heated debate over a proposal to per- the bill was ordered to be printed in At the request of Mr. SCHUMER, the mit a sand and gravel mine on public the RECORD, as follows: names of the Senator from Massachu- lands next door to a Henderson commu- S. 427 setts (Mr. KERRY) and the Senator from nity with over 13,000 residents—many Be it enacted by the Senate and House of Rhode Island (Mr. REED) were added as of whom are retired seniors. Local citi- Representatives of the United States of America cosponsors of S. Con. Res. 4, a concur- zens have voiced serious safety and in Congress assembled, rent resolution expressing the sense of community health concerns about the SECTION 1. SHORT TITLE. Congress that an appropriate site on mine. I have listened to their concerns This Act may be cited as the ‘‘Sloan Hills Chaplains Hill in Arlington National and share their opposition to the mine. Withdrawal Act’’.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1062 CONGRESSIONAL RECORD — SENATE March 1, 2011 SEC. 2. WITHDRAWAL OF SLOAN HILLS AREA OF oned Mrs. Fariba Kamalabadi, Mr. The Baha’is preach tolerance, diver- CLARK COUNTY, NEVADA. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. sity and equality. Yet since the Islamic (a) DEFINITION OF FEDERAL LAND.—In this Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Revolution of 1979, the Baha’is have section, the term ‘‘Federal land’’ means the Mahvash Sabet, and Mr. Vahid Tizfahm, the faced brutal and unrelenting persecu- land identified as the ‘‘Withdrawal Zone’’ on members of the coordinating group for the the map entitled ‘‘Sloan Hills Withdrawal Baha’i community in Iran; tion in Iran. According to the U.S. Area’’ and dated February 24, 2011. Whereas, in August 2010, the Revolutionary State Department, more than 200 Ba- (b) WITHDRAWAL.—Subject to valid rights Court in Tehran sentenced the 7 Baha’i lead- ha’is have been killed since 1979. in existence on the date of introduction of ers to 20-year prison terms on charges of The Baha’is are regularly denied em- this Act, the Federal land is withdrawn from ‘‘spying for Israel, insulting religious sanc- ployment, access to higher education, all forms of— tities, propaganda against the regime and and face multiple forms of discrimina- (1) location, entry, and patent under the spreading corruption on earth’’; tion and harassment. mining laws; and Whereas the lawyer for these 7 leaders, In August 2010, the Iranian govern- (2) disposition under all laws pertaining to Mrs. Shirin Ebadi, the Nobel Laureate, has ment sentenced seven leaders of Iran’s mineral and geothermal leasing or mineral been denied all access to the prisoners and materials. their files; Baha’i community to 20-year prison terms on charges of ‘‘spying for Israel, f Whereas these 7 Baha’i leaders were tar- geted solely on the basis of their religion; insulting religious sanctities, propa- SUBMITTED RESOLUTIONS Whereas, in February 2011, the Revolu- ganda against the regime and spread- tionary Court in Tehran sentenced human ing corruption on earth.’’ Their lawyer rights activist and follower of the Baha’i has been denied all access to the Baha’i SENATE RESOLUTION 80—CON- faith, Navid Khanjani, to a 12-year prison prisoners and their files. Last month, DEMNING THE GOVERNMENT OF term on charges of ‘‘propaganda against the the Revolutionary Court in Tehran IRAN FOR ITS STATE-SPON- regime by publishing news, reports, and interviews with foreign TV and radio,’’ sentenced a Baha’i human rights activ- SORED PERSECUTION OF ITS ist, Navid Khanjani, to a 12-year prison BAHA’I MINORITY AND ITS CON- among others; Whereas the Government of Iran is party term on charges that included ‘‘propa- TINUED VIOLATION OF THE to the International Covenants on Human ganda against the regime by publishing INTERNATIONAL COVENANTS ON Rights; and news, reports, and interviews with for- HUMAN RIGHTS Whereas the Comprehensive Iran Sanc- eign TV and radio.’’ Mr. KIRK (for himself and Mr. DUR- tions, Accountability, and Divestment Act of The United States and the inter- 2010 (Public Law 111–195) authorizes the BIN) submitted the following resolu- national community need to act now. President and the Secretary of State to im- The bipartisan resolution condemns tion; which was referred to the Com- pose sanctions on ‘‘the officials of the Gov- mittee on Foreign Relations: ernment of Iran and other individuals who the Iranian regime’s continued perse- S. RES. 80 are responsible for continuing and severe cution of its Baha’i minority, calls on Whereas, in 1982, 1984, 1988, 1990, 1992, 1994, violations of human rights and religious the regime to release Baha’i political 1996, 2000, 2006, 2008, and 2009, Congress de- freedom in Iran’’: Now, therefore, be it prisoners and urges President Obama clared that it deplored the religious persecu- Resolved, That the Senate and Secretary Clinton to designate Ira- tion by the Government of Iran of the Baha’i (1) condemns the Government of Iran for nian officials and other individuals di- community and would hold the Government its state-sponsored persecution of its Baha’i rectly responsible for egregious human of Iran responsible for upholding the rights minority and its continued violation of the rights violations in Iran. of all Iranian nationals, including members International Covenants on Human Rights; The plight of Baha’is in Iran should of the Baha’i faith; (2) calls on the Government of Iran to im- be deeply personal to all Americans. I mediately release the seven leaders and all Whereas the 2010 Department of State call on the administration to elevate International Religious Freedom Report other prisoners held solely on account of stated, ‘‘Since the 1979 Islamic Revolution, their religion, including Mrs. Fariba human rights in Iran, including the more than 200 Baha’is have been killed, and Kamalabadi, Mr. Jamaloddin Khanjani, Mr. plight of Iranian Baha’is, to the top of many have faced regular raids and confisca- Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz the international agenda. tion of property.’’; Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid f Whereas the 2009 Department of State Tizfahm, Ms. Raha Sabet, and Mr. Navid Human Rights Report stated, ‘‘The govern- Khanjani; SENATE RESOLUTION 81—AUTHOR- ment [of Iran] continued to repress Baha’is (3) calls on the President and Secretary of IZING EXPENDITURES BY COM- and prevent them from meeting in homes to State, in cooperation with the international MITTEES OF THE SENATE FOR worship. It banned them from government community, to immediately condemn the THE PERIODS MARCH 1, 2011, and military leadership posts, the social pen- Government of Iran’s continued violation of THROUGH SEPTEMBER 30, 2011, sion system, and public schools and univer- human rights and demand the immediate re- AND OCTOBER 1, 2011, THROUGH sities unless they concealed their faith.’’; lease of prisoners held solely on account of SEPTEMBER 30, 2012, AND OCTO- Whereas, on October 15, 2010, the United their religion, including Mrs. Fariba Nations Secretary-General issued a special Kamalabadi, Mr. Jamaloddin Khanjani, Mr. BER 1, 2012, THROUGH FEBRUARY report on human rights in Iran, stating that Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz 28, 2013 ‘‘the Baha’i, who comprise the country’s Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid Mr. SCHUMER submitted the fol- largest non-Muslim religious minority, face Tizfahm, Ms. Raha Sabet, and Mr. Navid lowing resolution; from the Committee multiple forms of discrimination and harass- Khanjani; and on Rules and Administration; which ment, including denial of employment, Gov- (4) urges the President and Secretary of ernment benefits and access to higher edu- State to utilize all available measures, such was placed on the calendar: cation’’; as those available under the Comprehensive S. RES. 81 Whereas, on December 21, 2010, the United Iran Sanctions, Accountability, and Divest- Resolved, Nations General Assembly adopted a resolu- ment Act of 2010 and Executive Order 13553, SECTION 1. AGGREGATE AUTHORIZATION. tion (A/RES/65/226) noting ‘‘serious ongoing to sanction officials of the Government of (a) IN GENERAL.—For purposes of carrying and recurring human rights violations’’ in Iran and other individuals directly respon- out the powers, duties, and functions under Iran, including against the Baha’i commu- sible for egregious human rights violations the Standing Rules of the Senate, and under nity; in Iran, including against the Baha’i commu- the appropriate authorizing resolutions of Whereas, in November 2007, the Ministry of nity. the Senate there is authorized for the period Information of Iran in Shiraz jailed Baha’is Mr. KIRK. Mr. President, today I rise March 1, 2011, through September 30, 2011, in Ms. Raha Sabet, 33, Mr. Sasan Taqva, 32, and the aggregate of $70,790,674, for the period Ms. Haleh Roohi, 29, for educating under- to introduce a bipartisan resolution October 1, 2011, through September 30, 2012, privileged children, and gave them 4-year with my colleague Senator DURBIN con- in the aggregate of $121,355,435, and for the prison terms; demning the government of Iran for its period October 1, 2012, through February 28, Whereas Ms. Sabet remains imprisoned in state-sponsored persecution of the 2013, in the aggregate of $50,564,763, in ac- Iran; Baha’i minority. cordance with the provisions of this resolu- Whereas Ms. Sabet, Mr. Taqva, and Ms. Founded in Iran in 1844, the Baha’i tion, for standing committees of the Senate, Roohi were targeted solely on the basis of the Special Committee on Aging, the Select their religion; faith now has more than 5 million ad- Committee on Intelligence, and the Com- Whereas, in March and May of 2008, intel- herents in 236 countries and territories. mittee on Indian Affairs. ligence officials of the Government of Iran in The Baha’is comprise the largest reli- (b) AGENCY CONTRIBUTIONS.—There are au- Mashhad and Tehran arrested and impris- gious minority in Iran. thorized such sums as may be necessary for

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1063 agency contributions related to the com- (1) to make expenditures from the contin- committee (under procedures specified by pensation of employees of the committees gent fund of the Senate; section 202(j) of that Act). for the period March 1, 2011, through Sep- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- tember 30, 2011, for the period October 1, 2011, (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the through September 30, 2012, and for the pe- ment department or agency concerned and period October 1, 2011, through September 30, riod October 1, 2012, through February 28, the Committee on Rules and Administration, 2012, under this section shall not exceed 2013, to be paid from the appropriations ac- to use on a reimbursable, or nonreimburs- $7,378,606, of which amount— count for ‘‘Expenses of Inquiries and Inves- able, basis the services of personnel of any (1) not to exceed $20,000, may be expended tigations’’ of the Senate. such department or agency. for the procurement of the services of indi- SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof TION, AND FORESTRY. TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the September 30, 2011, under this section shall 72a(i))); and Standing Rules of the Senate, in accordance not exceed $4,749,869, of which amount— (2) not to exceed $1,200, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $75,000, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, the Committee on Agriculture, Nutrition, 72a(i))); and through February 28, 2013, expenses of the and Forestry is authorized from March 1, (2) not to exceed $30,000, may be expended committee under this section shall not ex- 2011, through February 28, 2013, in its discre- for the training of the professional staff of ceed $3,074,419, of which amount— tion— such committee (under procedures specified (1) not to exceed $8,333, may be expended (1) to make expenditures from the contin- by section 202(j) of that Act). for the procurement of the services of indi- (c) EXPENSES FOR FISCAL YEAR 2012 PE- gent fund of the Senate; vidual consultants, or organizations thereof (2) to employ personnel; and RIOD.—The expenses of the committee for the period October 1, 2011, through September 30, (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- lative Reorganization Act of 1946); and ment department or agency concerned and 2012, under this section shall not exceed $8,142,634, of which amount— (2) not to exceed $500, may be expended for the Committee on Rules and Administration, the training of the professional staff of such to use on a reimbursable, or nonreimburs- (1) not to exceed $80,000, may be expended for the procurement of the services of indi- committee (under procedures specified by able, basis the services of personnel of any section 202(j) of that Act). such department or agency. vidual consultants, or organizations thereof SEC. 5. COMMITTEE ON THE BUDGET. (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- TEMBER 30, 2011.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through 72a(i))); and its powers, duties, and functions under the September 30, 2011, under this section shall (2) not to exceed $30,000, may be expended Standing Rules of the Senate, in accordance not exceed $2,800,079, of which amount— for the training of the professional staff of with its jurisdiction under rule XXV of such (1) not to exceed $200,000, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). such hearings, and making investigations as vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- 28, 2013.—For the period October 1, 2012, XXVI of the Standing Rules of the Senate, through February 28, 2013, expenses of the lative Reorganization Act of 1946 (2 U.S.C. the Committee on the Budget is authorized committee under this section shall not ex- 72a(i))); and from March 1, 2011, through February 28, ceed $3,392,765, of which amount— (2) not to exceed $40,000, may be expended 2013, in its discretion— (1) not to exceed $50,000, may be expended for the training of the professional staff of (1) to make expenditures from the contin- for the procurement of the services of indi- such committee (under procedures specified gent fund of the Senate; vidual consultants, or organizations thereof by section 202(j) of that Act). (2) to employ personnel; and (as authorized by section 202(i) of the Legis- (c) EXPENSES FOR FISCAL YEAR 2012 PE- (3) with the prior consent of the Govern- lative Reorganization Act of 1946); and RIOD.—The expenses of the committee for the ment department or agency concerned and period October 1, 2011, through September 30, (2) not to exceed $30,000, may be expended the Committee on Rules and Administration, 2012, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $4,800,136, of which amount— such committee (under procedures specified able, basis the services of personnel of any by section 202(j) of that Act). (1) not to exceed $200,000, may be expended such department or agency. for the procurement of the services of indi- SEC. 4. COMMITTEE ON BANKING, HOUSING, AND (b) EXPENSES FOR PERIOD ENDING SEP- URBAN AFFAIRS. vidual consultants, or organizations thereof TEMBER 30, 2011.—The expenses of the com- (a) GENERAL AUTHORITY.—In carrying out (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2011, through its powers, duties, and functions under the September 30, 2011, under this section shall lative Reorganization Act of 1946 (2 U.S.C. Standing Rules of the Senate, in accordance not exceed $4,489,241, of which amount— 72a(i))); and with its jurisdiction under rule XXV of such (1) not to exceed $35,000, may be expended (2) not to exceed $40,000, may be expended rules, including holding hearings, reporting for the procurement of the services of indi- for the training of the professional staff of such hearings, and making investigations as vidual consultants, or organizations thereof such committee (under procedures specified authorized by paragraphs 1 and 8 of rule by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Banking, Housing, and lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, Urban Affairs is authorized from March 1, 72a(i))); and through February 28, 2013, expenses of the 2011, through February 28, 2013, in its discre- (2) not to exceed $21,000, may be expended committee under this section shall not ex- tion— for the training of the professional staff of ceed $2,000,057, of which amount— (1) to make expenditures from the contin- such committee (under procedures specified (1) not to exceed $200,000, may be expended gent fund of the Senate; by section 202(j) of that Act). for the procurement of the services of indi- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- ment department or agency concerned and period October 1, 2011, through September 30, lative Reorganization Act of 1946); and the Committee on Rules and Administration, 2012, under this section shall not exceed (2) not to exceed $40,000, may be expended to use on a reimbursable, or nonreimburs- $7,695,840, of which amount— for the training of the professional staff of able, basis the services of personnel of any (1) not to exceed $60,000, may be expended such committee (under procedures specified such department or agency. for the procurement of the services of indi- by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof SEC. 3. COMMITTEE ON ARMED SERVICES. TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the September 30, 2011, under this section shall 72a(i))); and Standing Rules of the Senate, in accordance not exceed $4,304,188, of which amount— (2) not to exceed $36,000, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $11,667, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, the Committee on Armed Services is author- 72a(i))); and through February 28, 2013, expenses of the ized from March 1, 2011, through February 28, (2) not to exceed $700, may be expended for committee under this section shall not ex- 2013, in its discretion— the training of the professional staff of such ceed $3,206,599, of which amount—

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1064 CONGRESSIONAL RECORD — SENATE March 1, 2011 (1) not to exceed $25,000, may be expended sources is authorized from March 1, 2011, (2) not to exceed $833, may be expended for for the procurement of the services of indi- through February 28, 2013, in its discretion— the training of the professional staff of such vidual consultants, or organizations thereof (1) to make expenditures from the contin- committee (under procedures specified by (as authorized by section 202(i) of the Legis- gent fund of the Senate; section 202(j) of that Act). lative Reorganization Act of 1946); and (2) to employ personnel; and SEC. 9. COMMITTEE ON FINANCE. (2) not to exceed $15,000, may be expended (3) with the prior consent of the Govern- (a) GENERAL AUTHORITY.—In carrying out for the training of the professional staff of ment department or agency concerned and its powers, duties, and functions under the such committee (under procedures specified the Committee on Rules and Administration, Standing Rules of the Senate, in accordance by section 202(j) of that Act). to use on a reimbursable, or nonreimburs- with its jurisdiction under rule XXV of such SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, able, basis the services of personnel of any rules, including holding hearings, reporting AND TRANSPORTATION. such department or agency. such hearings, and making investigations as (a) GENERAL AUTHORITY.—In carrying out (b) EXPENSES FOR PERIOD ENDING SEP- authorized by paragraphs 1 and 8 of rule its powers, duties, and functions under the TEMBER 30, 2011.—The expenses of the com- XXVI of the Standing Rules of the Senate, Standing Rules of the Senate, in accordance mittee for the period March 1, 2011, through the Committee on Finance is authorized with its jurisdiction under rule XXV of such September 30, 2011, under this section shall from March 1, 2011, through February 28, rules, including holding hearings, reporting not exceed $3,924,299. 2013, in its discretion— (c) EXPENSES FOR FISCAL YEAR 2012 PE- such hearings, and making investigations as (1) to make expenditures from the contin- RIOD.—The expenses of the committee for the authorized by paragraphs 1 and 8 of rule gent fund of the Senate; period October 1, 2011, through September 30, XXVI of the Standing Rules of the Senate, (2) to employ personnel; and 2012, under this section shall not exceed the Committee on Commerce, Science, and (3) with the prior consent of the Govern- $6,727,369. Transportation is authorized from March 1, ment department or agency concerned and (d) EXPENSES FOR PERIOD ENDING FEBRUARY 2011, through February 28, 2013, in its discre- the Committee on Rules and Administration, 28, 2013.—For the period October 1, 2012, tion— to use on a reimbursable, or nonreimburs- through February 28, 2013, expenses of the (1) to make expenditures from the contin- able, basis the services of personnel of any committee under this section shall not ex- gent fund of the Senate; such department or agency. ceed $2,803,070. (2) to employ personnel; and (b) EXPENSES FOR PERIOD ENDING SEP- SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- (3) with the prior consent of the Govern- TEMBER 30, 2011.—The expenses of the com- LIC WORKS. ment department or agency concerned and mittee for the period March 1, 2011, through (a) GENERAL AUTHORITY.—In carrying out the Committee on Rules and Administration, its powers, duties, and functions under the September 30, 2011, under this section shall to use on a reimbursable, or nonreimburs- Standing Rules of the Senate, in accordance not exceed $5,333,808, of which amount— able, basis the services of personnel of any with its jurisdiction under rule XXV of such (1) not to exceed $17,500, may be expended such department or agency. rules, including holding hearings, reporting for the procurement of the services of indi- (b) EXPENSES FOR PERIOD ENDING SEP- such hearings, and making investigations as vidual consultants, or organizations thereof TEMBER 30, 2011.—The expenses of the com- authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2011, through XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. September 30, 2011, under this section shall the Committee on Environment and Public 72a(i))); and not exceed $4,636,433, of which amount— Works is authorized from March 1, 2011, (2) not to exceed $5,833, may be expended (1) not to exceed $50,000, may be expended through February 28, 2013, in its discretion— for the training of the professional staff of for the procurement of the services of indi- (1) to make expenditures from the contin- such committee (under procedures specified vidual consultants, or organizations thereof gent fund of the Senate; by section 202(j) of that Act). (c) EXPENSES FOR FISCAL YEAR 2012 PE- (as authorized by section 202(i) of the Legis- (2) to employ personnel; and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946 (2 U.S.C. (3) with the prior consent of the Govern- period October 1, 2011, through September 30, 72a(i))); and ment department or agency concerned and 2012, under this section shall not exceed (2) not to exceed $50,000, may be expended the Committee on Rules and Administration, $9,143,671, of which amount— for the training of the professional staff of to use on a reimbursable, or nonreimburs- (1) not to exceed $30,000, may be expended such committee (under procedures specified able, basis the services of personnel of any for the procurement of the services of indi- by section 202(j) of that Act). such department or agency. (c) EXPENSES FOR FISCAL YEAR 2012 PE- (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof RIOD.—The expenses of the committee for the TEMBER 30, 2011.—The expenses of the com- (as authorized by section 202(i) of the Legis- period October 1, 2011, through September 30, mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. 2012, under this section shall not exceed September 30, 2011, under this section shall 72a(i))); and $7,948,171, of which amount— not exceed $3,612,391, of which amount— (2) not to exceed $10,000, may be expended (1) not to exceed $50,000, may be expended (1) not to exceed $4,667, may be expended for the training of the professional staff of for the procurement of the services of indi- for the procurement of the services of indi- such committee (under procedures specified vidual consultants, or organizations thereof vidual consultants, or organizations thereof by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY lative Reorganization Act of 1946 (2 U.S.C. lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, 72a(i))); and 72a(i))); and through February 28, 2013, expenses of the (2) not to exceed $50,000, may be expended (2) not to exceed $1,167, may be expended committee under this section shall not ex- for the training of the professional staff of for the training of the professional staff of ceed $3,809,862, of which amount— such committee (under procedures specified such committee (under procedures specified (1) not to exceed $12,500, may be expended by section 202(j) of that Act). by section 202(j) of that Act). for the procurement of the services of indi- (d) EXPENSES FOR PERIOD ENDING FEBRUARY (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof 28, 2013.—For the period October 1, 2012, RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- through February 28, 2013, expenses of the period October 1, 2011, through September 30, lative Reorganization Act of 1946); and committee under this section shall not ex- 2012, under this section shall not exceed (2) not to exceed $4,166, may be expended ceed $3,311,738, of which amount— $6,192,669, of which amount— for the training of the professional staff of (1) not to exceed $50,000, may be expended (1) not to exceed $8,000, may be expended such committee (under procedures specified for the procurement of the services of indi- for the procurement of the services of indi- by section 202(j) of that Act). vidual consultants, or organizations thereof vidual consultants, or organizations thereof SEC. 10. COMMITTEE ON FOREIGN RELATIONS. (as authorized by section 202(i) of the Legis- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out lative Reorganization Act of 1946); and lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the (2) not to exceed $50,000, may be expended 72a(i))); and Standing Rules of the Senate, in accordance for the training of the professional staff of (2) not to exceed $2,000, may be expended with its jurisdiction under rule XXV of such such committee (under procedures specified for the training of the professional staff of rules, including holding hearings, reporting by section 202(j) of that Act). such committee (under procedures specified such hearings, and making investigations as SEC. 7. COMMITTEE ON ENERGY AND NATURAL by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule RESOURCES. (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, (a) GENERAL AUTHORITY.—In carrying out 28, 2013.—For the period October 1, 2012, the Committee on Foreign Relations is au- its powers, duties, and functions under the through February 28, 2013, expenses of the thorized from March 1, 2011, through Feb- Standing Rules of the Senate, in accordance committee under this section shall not ex- ruary 28, 2013, in its discretion— with its jurisdiction under rule XXV of such ceed $2,580,278, of which amount— (1) to make expenditures from the contin- rules, including holding hearings, reporting (1) not to exceed $3,333, may be expended gent fund of the Senate; such hearings, and making investigations as for the procurement of the services of indi- (2) to employ personnel; and authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof (3) with the prior consent of the Govern- XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- ment department or agency concerned and the Committee on Energy and Natural Re- lative Reorganization Act of 1946); and the Committee on Rules and Administration,

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1065 to use on a reimbursable, or nonreimburs- 2012, under this section shall not exceed (as authorized by section 202(i) of the Legis- able, basis the services of personnel of any $10,483,393, of which amount— lative Reorganization Act of 1946); and such department or agency. (1) not to exceed $75,000, may be expended (2) not to exceed $20,000, may be expended (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- for the training of the professional staff of TEMBER 30, 2011.—The expenses of the com- vidual consultants, or organizations thereof such committee (under procedures specified mittee for the period March 1, 2011, through (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). September 30, 2011, under this section shall lative Reorganization Act of 1946 (2 U.S.C. (e) INVESTIGATIONS.— not exceed $4,393,404, of which amount— 72a(i))); and (1) IN GENERAL.—The committee, or any (1) not to exceed $100,000, may be expended (2) not to exceed $25,000, may be expended duly authorized subcommittee of the com- for the procurement of the services of indi- for the training of the professional staff of mittee, is authorized to study or inves- vidual consultants, or organizations thereof such committee (under procedures specified tigate— (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). lative Reorganization Act of 1946 (2 U.S.C. (d) EXPENSES FOR PERIOD ENDING FEBRUARY (A) the efficiency and economy of oper- 72a(i))); and 28, 2013.—For the period October 1, 2012, ations of all branches of the Government in- (2) not to exceed $20,000, may be expended through February 28, 2013, expenses of the cluding the possible existence of fraud, mis- for the training of the professional staff of committee under this section shall not ex- feasance, malfeasance, collusion, mis- such committee (under procedures specified ceed $4,368,081, of which amount— management, incompetence, corruption, or by section 202(j) of that Act). (1) not to exceed $75,000, may be expended unethical practices, waste, extravagance, (c) EXPENSES FOR FISCAL YEAR 2012 PE- for the procurement of the services of indi- conflicts of interest, and the improper ex- RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof penditure of Government funds in trans- period October 1, 2011, through September 30, (as authorized by section 202(i) of the Legis- actions, contracts, and activities of the Gov- 2012, under this section shall not exceed lative Reorganization Act of 1946); and ernment or of Government officials and em- $7,531,549, of which amount— (2) not to exceed $25,000, may be expended ployees and any and all such improper prac- (1) not to exceed $100,000, may be expended for the training of the professional staff of tices between Government personnel and for the procurement of the services of indi- such committee (under procedures specified corporations, individuals, companies, or per- vidual consultants, or organizations thereof by section 202(j) of that Act). sons affiliated therewith, doing business (as authorized by section 202(i) of the Legis- SEC. 12. COMMITTEE ON HOMELAND SECURITY with the Government; and the compliance or lative Reorganization Act of 1946 (2 U.S.C. AND GOVERNMENTAL AFFAIRS. noncompliance of such corporations, compa- 72a(i))); and (a) GENERAL AUTHORITY.—In carrying out nies, or individuals or other entities with the (2) not to exceed $20,000, may be expended its powers, duties, and functions under the rules, regulations, and laws governing the for the training of the professional staff of Standing Rules of the Senate, in accordance various governmental agencies and its rela- such committee (under procedures specified with its jurisdiction under rule XXV of such tionships with the public; by section 202(j) of that Act). rules and S. Res. 445, agreed to October 9, (B) the extent to which criminal or other (d) EXPENSES FOR PERIOD ENDING FEBRUARY 2004 (108th Congress), including holding hear- improper practices or activities are, or have 28, 2013.—For the period October 1, 2012, ings, reporting such hearings, and making been, engaged in the field of labor-manage- through February 28, 2013, expenses of the investigations as authorized by paragraphs 1 ment relations or in groups or organizations committee under this section shall not ex- and 8 of rule XXVI of the Standing Rules of of employees or employers, to the detriment ceed $3,138,145, of which amount— the Senate, the Committee on Homeland Se- of interests of the public, employers, or em- (1) not to exceed $100,000, may be expended curity and Governmental Affairs is author- ployees, and to determine whether any for the procurement of the services of indi- ized from March 1, 2011, through February 28, changes are required in the laws of the vidual consultants, or organizations thereof 2013, in its discretion— United States in order to protect such inter- (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- ests against the occurrence of such practices lative Reorganization Act of 1946); and gent fund of the Senate; or activities; (2) not to exceed $20,000, may be expended (2) to employ personnel; and (C) organized criminal activity which may for the training of the professional staff of (3) with the prior consent of the Govern- operate in or otherwise utilize the facilities such committee (under procedures specified ment department or agency concerned and of interstate or international commerce in by section 202(j) of that Act). the Committee on Rules and Administration, furtherance of any transactions and the SEC. 11. COMMITTEE ON HEALTH, EDUCATION, to use on a reimbursable, or nonreimburs- manner and extent to which, and the iden- LABOR, AND PENSIONS. able, basis the services of personnel of any tity of the persons, firms, or corporations, or (a) GENERAL AUTHORITY.—In carrying out such department or agency. other entities by whom such utilization is its powers, duties, and functions under the (b) EXPENSES FOR PERIOD ENDING SEP- being made, and further, to study and inves- Standing Rules of the Senate, in accordance TEMBER 30, 2011.—The expenses of the com- tigate the manner in which and the extent to with its jurisdiction under rule XXV of such mittee for the period March 1, 2011, through which persons engaged in organized criminal rules, including holding hearings, reporting September 30, 2011, under this section shall such hearings, and making investigations as not exceed $6,902,759, of which amount— activity have infiltrated lawful business en- authorized by paragraphs 1 and 8 of rule (1) not to exceed $75,000, may be expended terprise, and to study the adequacy of Fed- XXVI of the Standing Rules of the Senate, for the procurement of the services of indi- eral laws to prevent the operations of orga- the Committee on Health, Education, Labor, vidual consultants, or organizations thereof nized crime in interstate or international and Pensions is authorized from March 1, (as authorized by section 202(i) of the Legis- commerce; and to determine whether any 2011, through February 28, 2013, in its discre- lative Reorganization Act of 1946 (2 U.S.C. changes are required in the laws of the tion— 72a(i))); and United States in order to protect the public (1) to make expenditures from the contin- (2) not to exceed $20,000, may be expended against such practices or activities; gent fund of the Senate; for the training of the professional staff of (D) all other aspects of crime and lawless- (2) to employ personnel; and such committee (under procedures specified ness within the United States which have an (3) with the prior consent of the Govern- by section 202(j) of that Act). impact upon or affect the national health, ment department or agency concerned and (c) EXPENSES FOR FISCAL YEAR 2012 PE- welfare, and safety; including but not lim- the Committee on Rules and Administration, RIOD.—The expenses of the committee for the ited to investment fraud schemes, com- to use on a reimbursable, or nonreimburs- period October 1, 2011, through September 30, modity and security fraud, computer fraud, able, basis the services of personnel of any 2012, under this section shall not exceed and the use of offshore banking and cor- such department or agency. $11,833,302, of which amount— porate facilities to carry out criminal objec- (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $75,000, may be expended tives; TEMBER 30, 2011.—The expenses of the com- for the procurement of the services of indi- (E) the efficiency and economy of oper- mittee for the period March 1, 2011, through vidual consultants, or organizations thereof ations of all branches and functions of the September 30, 2011, under this section shall (as authorized by section 202(i) of the Legis- Government with particular reference to— not exceed $6,115,313, of which amount— lative Reorganization Act of 1946 (2 U.S.C. (i) the effectiveness of present national se- (1) not to exceed $75,000, may be expended 72a(i))); and curity methods, staffing, and processes as for the procurement of the services of indi- (2) not to exceed $20,000, may be expended tested against the requirements imposed by vidual consultants, or organizations thereof for the training of the professional staff of the rapidly mounting complexity of national (as authorized by section 202(i) of the Legis- such committee (under procedures specified security problems; lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). (ii) the capacity of present national secu- 72a(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY rity staffing, methods, and processes to (2) not to exceed $25,000, may be expended 28, 2013.—For the period October 1, 2012, make full use of the Nation’s resources of for the training of the professional staff of through February 28, 2013, expenses of the knowledge and talents; such committee (under procedures specified committee under this section shall not ex- (iii) the adequacy of present intergovern- by section 202(j) of that Act). ceed $4,930,543, of which amount— mental relations between the United States (c) EXPENSES FOR FISCAL YEAR 2012 PE- (1) not to exceed $75,000, may be expended and international organizations principally RIOD.—The expenses of the committee for the for the procurement of the services of indi- concerned with national security of which period October 1, 2011, through September 30, vidual consultants, or organizations thereof the United States is a member; and

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1066 CONGRESSIONAL RECORD — SENATE March 1, 2011 (iv) legislative and other proposals to im- SEC. 13. COMMITTEE ON THE JUDICIARY. mittee for the period March 1, 2011, through prove these methods, processes, and relation- (a) GENERAL AUTHORITY.—In carrying out September 30, 2011, under this section shall ships; its powers, duties, and functions under the not exceed $1,840,717, of which amount— (F) the efficiency, economy, and effective- Standing Rules of the Senate, in accordance (1) not to exceed $43,750, may be expended ness of all agencies and departments of the with its jurisdiction under rule XXV of such for the procurement of the services of indi- Government involved in the control and rules, including holding hearings, reporting vidual consultants, or organizations thereof management of energy shortages including, such hearings, and making investigations as (as authorized by section 202(i) of the Legis- but not limited to, their performance with authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. respect to— XXVI of the Standing Rules of the Senate, 72a(i))); and (i) the collection and dissemination of ac- the Committee on the Judiciary is author- (2) not to exceed $7,000, may be expended ized from March 1, 2011, through February 28, curate statistics on fuel demand and supply; for the training of the professional staff of 2013, in its discretion— (ii) the implementation of effective energy such committee (under procedures specified (1) to make expenditures from the contin- conservation measures; by section 202(j) of that Act). gent fund of the Senate; (iii) the pricing of energy in all forms; (c) EXPENSES FOR FISCAL YEAR 2012 PE- (2) to employ personnel; and RIOD.—The expenses of the committee for the (iv) coordination of energy programs with (3) with the prior consent of the Govern- State and local government; period October 1, 2011, through September 30, ment department or agency concerned and 2012, under this section shall not exceed (v) control of exports of scarce fuels; the Committee on Rules and Administration, $3,155,515, of which amount— (vi) the management of tax, import, pric- to use on a reimbursable, or nonreimburs- (1) not to exceed $75,000, may be expended ing, and other policies affecting energy sup- able, basis the services of personnel of any for the procurement of the services of indi- plies; such department or agency. vidual consultants, or organizations thereof (vii) maintenance of the independent sec- (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- tor of the petroleum industry as a strong TEMBER 30, 2011.—The expenses of the com- competitive force; mittee for the period March 1, 2011, through lative Reorganization Act of 1946 (2 U.S.C. (viii) the allocation of fuels in short supply September 30, 2011, under this section shall 72a(i))); and by public and private entities; not exceed $6,684,239, of which amount— (2) not to exceed $12,000, may be expended (ix) the management of energy supplies (1) not to exceed $200,000, may be expended for the training of the professional staff of owned or controlled by the Government; for the procurement of the services of indi- such committee (under procedures specified (x) relations with other oil producing and vidual consultants, or organizations thereof by section 202(j) of that Act). consuming countries; (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY (xi) the monitoring of compliance by gov- lative Reorganization Act of 1946 (2 U.S.C. 28, 2013.—For the period October 1, 2012, ernments, corporations, or individuals with 72a(i))); and through February 28, 2013, expenses of the the laws and regulations governing the allo- (2) not to exceed $20,000, may be expended committee under this section shall not ex- cation, conservation, or pricing of energy for the training of the professional staff of ceed $1,314,798, of which amount— supplies; and such committee (under procedures specified (1) not to exceed $31,250, may be expended (xii) research into the discovery and devel- by section 202(j) of that Act). for the procurement of the services of indi- opment of alternative energy supplies; and (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof (G) the efficiency and economy of all RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- branches and functions of Government with period October 1, 2011, through September 30, lative Reorganization Act of 1946); and particular references to the operations and 2012, under this section shall not exceed (2) not to exceed $5,000, may be expended management of Federal regulatory policies $11,458,695, of which amount— for the training of the professional staff of and programs. (1) not to exceed $200,000, may be expended such committee (under procedures specified (2) EXTENT OF INQUIRIES.—In carrying out for the procurement of the services of indi- by section 202(j) of that Act). the duties provided in paragraph (1), the in- vidual consultants, or organizations thereof SEC. 15. COMMITTEE ON SMALL BUSINESS AND quiries of this committee or any sub- (as authorized by section 202(i) of the Legis- ENTREPRENEURSHIP. committee of the committee shall not be lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out construed to be limited to the records, func- 72a(i))); and its powers, duties, and functions under the tions, and operations of any particular (2) not to exceed $20,000, may be expended Standing Rules of the Senate, in accordance branch of the Government and may extend for the training of the professional staff of with its jurisdiction under rule XXV of such to the records and activities of any persons, such committee (under procedures specified rules, including holding hearings, reporting corporation, or other entity. by section 202(j) of that Act). such hearings, and making investigations as (d) EXPENSES FOR PERIOD ENDING FEBRUARY (3) SPECIAL COMMITTEE AUTHORITY.—For authorized by paragraphs 1 and 8 of rule 28, 2013.—For the period October 1, 2012, the purposes of this subsection, the com- XXVI of the Standing Rules of the Senate, through February 28, 2013, expenses of the mittee, or any duly authorized sub- the Committee on Small Business and Entre- committee under this section shall not ex- committee of the committee, or its chair- preneurship is authorized from March 1, 2011, ceed $4,774,457, of which amount— man, or any other member of the committee through February 28, 2013, in its discretion— (1) not to exceed $200,000, may be expended or subcommittee designated by the chair- (1) to make expenditures from the contin- for the procurement of the services of indi- man, from March 1, 2011, through February gent fund of the Senate; vidual consultants, or organizations thereof 28, 2013, is authorized, in its, his, hers, or (2) to employ personnel; and (as authorized by section 202(i) of the Legis- their discretion— (3) with the prior consent of the Govern- lative Reorganization Act of 1946); and (A) to require by subpoena or otherwise the ment department or agency concerned and (2) not to exceed $20,000, may be expended attendance of witnesses and production of the Committee on Rules and Administration, for the training of the professional staff of correspondence, books, papers, and docu- to use on a reimbursable, or nonreimburs- such committee (under procedures specified ments; able, basis the services of personnel of any by section 202(j) of that Act). (B) to hold hearings; such department or agency. SEC. 14. COMMITTEE ON RULES AND ADMINIS- (b) EXPENSES FOR PERIOD ENDING SEP- (C) to sit and act at any time or place dur- TRATION. ing the sessions, recess, and adjournment pe- TEMBER 30, 2011.—The expenses of the com- (a) GENERAL AUTHORITY.—In carrying out riods of the Senate; its powers, duties, and functions under the mittee for the period March 1, 2011, through (D) to administer oaths; and Standing Rules of the Senate, in accordance September 30, 2011, under this section shall (E) to take testimony, either orally or by with its jurisdiction under rule XXV of such not exceed $1,732,860, of which amount— sworn statement, or, in the case of staff rules, including holding hearings, reporting (1) not to exceed $25,000, may be expended members of the Committee and the Perma- such hearings, and making investigations as for the procurement of the services of indi- nent Subcommittee on Investigations, by authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof deposition in accordance with the Com- XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- mittee Rules of Procedure. the Committee on Rules and Administration lative Reorganization Act of 1946 (2 U.S.C. (4) AUTHORITY OF OTHER COMMITTEES.— is authorized from March 1, 2011, through 72a(i))); and Nothing contained in this subsection shall February 28, 2013, in its discretion— (2) not to exceed $10,000, may be expended affect or impair the exercise of any other (1) to make expenditures from the contin- for the training of the professional staff of standing committee of the Senate of any gent fund of the Senate; such committee (under procedures specified power, or the discharge by such committee (2) to employ personnel; and by section 202(j) of that Act). of any duty, conferred or imposed upon it by (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2012 PE- the Standing Rules of the Senate or by the ment department or agency concerned and RIOD.—The expenses of the committee for the Legislative Reorganization Act of 1946. the Committee on Rules and Administration, period October 1, 2011, through September 30, (5) SUBPOENA AUTHORITY.—All subpoenas to use on a reimbursable, or nonreimburs- 2012, under this section shall not exceed and related legal processes of the committee able, basis the services of personnel of any $2,970,617, of which amount— and its subcommittee authorized under S. such department or agency. (1) not to exceed $25,000, may be expended Res. 73, agreed to March 10, 2009 (111th Con- (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- gress) are authorized to continue. TEMBER 30, 2011.—The expenses of the com- vidual consultants, or organizations thereof

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1067 (as authorized by section 202(i) of the Legis- SEC. 17. SPECIAL COMMITTEE ON AGING. (1) not to exceed $37,917, may be expended lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out for the procurement of the services of indi- 72a(i))); and its powers, duties, and functions imposed by vidual consultants, or organizations thereof (2) not to exceed $10,000, may be expended section 104 of S. Res. 4, agreed to February 4, (as authorized by section 202(i) of the Legis- for the training of the professional staff of 1977 (95th Congress), and in exercising the lative Reorganization Act of 1946 (2 U.S.C. such committee (under procedures specified authority conferred on it by such section, 72a(i))); and by section 202(j) of that Act). the Special Committee on Aging is author- (2) not to exceed $1,167, may be expended (d) EXPENSES FOR PERIOD ENDING FEBRUARY ized from March 1, 2011, through February 28, for the training of the professional staff of 28, 2013.—For the period October 1, 2012, 2013, in its discretion— such committee (under procedures specified through February 28, 2013, expenses of the (1) to make expenditures from the contin- by section 202(j) of that Act). committee under this section shall not ex- gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2012 PE- ceed $1,237,755, of which amount— (2) to employ personnel; and RIOD.—The expenses of the committee for the (1) not to exceed $25,000, may be expended (3) with the prior consent of the Govern- period October 1, 2011, through September 30, for the procurement of the services of indi- ment department or agency concerned and 2012, under this section shall not exceed vidual consultants, or organizations thereof the Committee on Rules and Administration, $7,284,194, of which amount— (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- (1) not to exceed $65,000, may be expended lative Reorganization Act of 1946); and able, basis the services of personnel of any for the procurement of the services of indi- (2) not to exceed $10,000, may be expended such department or agency. vidual consultants, or organizations thereof for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- such committee (under procedures specified TEMBER 30, 2011.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). mittee for the period March 1, 2011, through 72a(i))); and September 30, 2011, under this section shall (2) not to exceed $4,000, may be expended SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. not exceed $1,937,114, of which amount— for the training of the professional staff of (a) GENERAL AUTHORITY.—In carrying out (1) not to exceed $117,000, may be expended such committee (under procedures specified its powers, duties, and functions under the for the procurement of the services of indi- by section 202(j) of that Act). Standing Rules of the Senate, in accordance vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY with its jurisdiction under rule XXV of such (as authorized by section 202(i) of the Legis- 28, 2013.—For the period October 1, 2012, rules, including holding hearings, reporting lative Reorganization Act of 1946); and through February 28, 2013, expenses of the such hearings, and making investigations as (2) not to exceed $10,000, may be expended committee under this section shall not ex- authorized by paragraphs 1 and 8 of rule for the training of the professional staff of ceed $3,035,081, of which amount— XXVI of the Standing Rules of the Senate, such committee (under procedures specified (1) not to exceed $27,083, may be expended the Committee on Veterans’ Affairs is au- by section 202(j) of that Act). for the procurement of the services of indi- thorized from March 1, 2011, through Feb- (c) EXPENSES FOR FISCAL YEAR 2012 PE- vidual consultants, or organizations thereof ruary 28, 2013, in its discretion— RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- period October 1, 2011, through September 30, lative Reorganization Act of 1946); and gent fund of the Senate; 2012, under this section shall not exceed (2) not to exceed $4,000, may be expended (2) to employ personnel; and $3,320,767, of which amount— for the training of the professional staff of (3) with the prior consent of the Govern- (1) not to exceed $200,000, may be expended such committee (under procedures specified ment department or agency concerned and for the procurement of the services of indi- by section 202(j) of that Act). the Committee on Rules and Administration, vidual consultants, or organizations thereof SEC. 19. COMMITTEE ON INDIAN AFFAIRS. to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out able, basis the services of personnel of any lative Reorganization Act of 1946); and its powers, duties, and functions imposed by such department or agency. (2) not to exceed $15,000, may be expended section 105 of S. Res. 4, agreed to February 4, (b) EXPENSES FOR PERIOD ENDING SEP- for the training of the professional staff of 1977 (95th Congress), and in exercising the TEMBER 30, 2011.—The expenses of the com- such committee (under procedures specified authority conferred on it by that section, mittee for the period March 1, 2011, through by section 202(j) of that Act). the Committee on Indian Affairs is author- September 30, 2011, under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY ized from March 1, 2011, through February 28, not exceed $1,602,238, of which amount— 28, 2013.—For the period October 1, 2012, 2013, in its discretion— (1) not to exceed $59,000, may be expended through February 28, 2013, expenses of the (1) to make expenditures from the contin- for the procurement of the services of indi- committee under this section shall not ex- gent fund of the Senate; vidual consultants, or organizations thereof ceed $1,383,653, of which amount— (2) to employ personnel; and (as authorized by section 202(i) of the Legis- (1) not to exceed $85,000, may be expended (3) with the prior consent of the Govern- lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- ment department or agency concerned and 72a(i))); and vidual consultants, or organizations thereof the Committee on Rules and Administration, (2) not to exceed $12,000, may be expended (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- for the training of the professional staff of lative Reorganization Act of 1946); and able, basis the services of personnel of any such committee (under procedures specified (2) not to exceed $5,000, may be expended such department or agency. by section 202(j) of that Act). for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- (c) EXPENSES FOR FISCAL YEAR 2012 PE- such committee (under procedures specified TEMBER 30, 2011.—The expenses of the com- RIOD.—The expenses of the committee for the by section 202(j) of that Act). mittee for the period March 1, 2011, through period October 1, 2011, through September 30, SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. September 30, 2011, under this section shall 2012, under this section shall not exceed (a) GENERAL AUTHORITY.—In carrying out not exceed $1,482,609, of which amount— $2,746,693, of which amount— its powers, duties, and functions under S. (1) not to exceed $20,000, may be expended (1) not to exceed $100,000, may be expended Res. 400, agreed to May 19, 1976 (94th Con- for the procurement of the services of indi- for the procurement of the services of indi- gress), as amended by S. Res. 445, agreed to vidual consultants, or organizations thereof vidual consultants, or organizations thereof October 9, 2004 (108th Congress), in accord- (as authorized by section 202(i) of the Legis- (as authorized by section 202(i) of the Legis- ance with its jurisdiction under sections 3(a) lative Reorganization Act of 1946); and lative Reorganization Act of 1946 (2 U.S.C. and 17 of such S. Res. 400, including holding (2) not to exceed $20,000, may be expended 72a(i))); and hearings, reporting such hearings, and mak- for training consultants of the professional (2) not to exceed $20,000, may be expended ing investigations as authorized by section 5 staff of such committee (under procedures for the training of the professional staff of of such S. Res. 400, the Select Committee on specified by section 202(j) of that Act). such committee (under procedures specified Intelligence is authorized from March 1, 2011, (c) EXPENSES FOR FISCAL YEAR 2012 PE- by section 202(j) of that Act). through February 28, 2013, in its discretion— RIOD.—The expenses of the committee for the (d) EXPENSES FOR PERIOD ENDING FEBRUARY (1) to make expenditures from the contin- period October 1, 2011, through September 30, 28, 2013.—For the period October 1, 2012, gent fund of the Senate; 2012, under this section shall not exceed through February 28, 2013, expenses of the (2) to employ personnel; and $2,541,614, of which amount— committee under this section shall not ex- (3) with the prior consent of the Govern- (1) not to exceed $20,000, may be expended ceed $1,144,455, of which amount— ment department or agency concerned and for the procurement of the services of indi- (1) not to exceed $42,000, may be expended the Committee on Rules and Administration, vidual consultants, or organizations thereof for the procurement of the services of indi- to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- vidual consultants, or organizations thereof able, basis the services of personnel of any lative Reorganization Act of 1946); and (as authorized by section 202(i) of the Legis- such department or agency. (2) not to exceed $20,000, may be expended lative Reorganization Act of 1946); and (b) EXPENSES FOR PERIOD ENDING SEP- for training consultants of the professional (2) not to exceed $8,334, may be expended TEMBER 30, 2011.—The expenses of the com- staff of such committee (under procedures for the training of the professional staff of mittee for the period March 1, 2011, through specified by section 202(j) of that Act). such committee (under procedures specified September 30, 2011, under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY by section 202(j) of that Act). not exceed $4,249,113, of which amount— 28, 2013.—For the period October 1, 2012,

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1068 CONGRESSIONAL RECORD — SENATE March 1, 2011 through February 28, 2013, expenses of the SENATE RESOLUTION 83—DESIG- a member of South Africa’s Truth and Rec- committee under this section shall not ex- NATING MARCH 2, 2011, AS ‘‘READ onciliation Commission; and Steven Ratner, ceed $1,059,007, of which amount— ACROSS AMERICA DAY’’ a lawyer in the United States specializing in (1) not to exceed $20,000, may be expended human rights and international law, to ad- for the procurement of the services of indi- Mr. REED of Rhode Island (for him- vise the Secretary-General on the implemen- vidual consultants, or organizations thereof self and Ms. COLLINS) submitted the tation of the commitment of the Govern- (as authorized by section 202(i) of the Legis- following resolution; which was consid- ment of Sri Lanka to human rights account- lative Reorganization Act of 1946); and ered and agreed to: ability; (2) not to exceed $20,000, may be expended Whereas the Government of Sri Lanka ex- S. RES. 83 for training consultants of the professional pressed its commitment to addressing the staff of such committee (under procedures Whereas reading is a basic requirement for needs of all ethnic groups and has recog- specified by section 202(j) of that Act). quality education and professional success, nized, in the past, the necessity of a political and is a source of pleasure throughout life; SEC. 20. SPECIAL RESERVE. settlement and reconciliation for a peaceful Whereas the people of the United States and just society; (a) ESTABLISHMENT.—Within the funds in must be able to read if the United States is Whereas the United States Government the account ‘‘Expenses of Inquiries and In- to remain competitive in the global econ- has yet to develop a comprehensive United vestigations’’ appropriated by the legislative omy; States policy toward Sri Lanka that reflects branch appropriation Acts for fiscal years Whereas Congress has placed great empha- the broad range of human rights, national 2011, 2012, and 2013, there is authorized to be sis on reading intervention and providing ad- security, and economic interests; and established a special reserve to be available ditional resources for reading assistance, in- Whereas progress on domestic and inter- to any committee funded by this resolution cluding through the programs authorized in national investigations into reports of war as provided in subsection (b) of which— the Elementary and Secondary Education crimes, crimes against humanity, and other (1) an amount not to exceed $4,375,000, shall Act (20 U.S.C. 6301 et seq.) and through an- human rights violations during the conflict be available for the period March 1, 2011, nual appropriations for library and literacy and promoting reconciliation would facili- through September 30, 2011; programs; and tate enhanced United States engagement and (2) an amount not to exceed $7,500,000, shall Whereas more than 50 national organiza- investment in Sri Lanka: Now, therefore, be be available for the period October 1, 2011, tions concerned about reading and education it through September 30, 2012; and have joined with the National Education As- Resolved, That the Senate— (3) an amount not to exceed $3,125,000, shall sociation to designate March 2, the anniver- (1) commends United Nations Secretary- be available for the period October 1, 2012, sary of the birth of Theodor Geisel, also General Ban Ki-moon for creating the three- through February 28, 2013. known as Dr. Seuss, as a day to celebrate person panel to advise the Secretary-General (b) AVAILABILITY.—The special reserve au- reading: Now, therefore, be it on the implementation of the commitment thorized in subsection (a) shall be available Resolved, That the Senate— of the Government of Sri Lanka to human to any committee— (1) designates March 2, 2011, as ‘‘Read rights accountability; (1) on the basis of special need to meet un- Across America Day’’; (2) calls on the Government of Sri Lanka, paid obligations incurred by that committee (2) honors Theodor Geisel, also known as the international community, and the during the periods referred to in paragraphs Dr. Seuss, for his success in encouraging United Nations to establish an independent (1), (2), and (3) of subsection (a); and children to discover the joy of reading; international accountability mechanism to (2) at the request of a Chairman and Rank- (3) honors the 14th anniversary of ‘‘Read look into reports of war crimes, crimes ing Member of that committee subject to the Across America Day’’; against humanity, and other human rights approval of the Chairman and Ranking Mem- (4) encourages parents to read with their violations committed by both sides during ber of the Committee on Rules and Adminis- children for at least 30 minutes on ‘‘Read and after the war in Sri Lanka and to make tration. Across America Day’’ in honor of the com- recommendations regarding accountability; mitment of the Senate to building a nation (3) calls on the Government of Sri Lanka f of readers; and to allow humanitarian organizations, aid (5) encourages the people of the United agencies, journalists, and international human rights groups greater freedom of SENATE RESOLUTION 82—TO PRO- States to observe the day with appropriate ceremonies and activities. movement, including in internally-displaced VIDE SUFFICIENT TIME FOR persons camps; and LEGISLATION TO BE READ f (4) calls upon the President to develop a comprehensive policy towards Sri Lanka Mr. PAUL submitted the following SENATE RESOLUTION 84—EX- PRESSING SUPPORT FOR INTER- that reflects United States interests, includ- resolution; which was referred to the ing respect for human rights, democracy and Committee on Rules and Administra- NAL REBUILDING, RESETTLE- the rule of law, economic interests, and secu- tion MENT, AND RECONCILIATION rity interests. WITHIN SRI LANKA THAT ARE f S. RES. 82 NECESSARY TO ENSURE A LAST- Resolved, That (a) it shall not be in order ING PEACE SENATE RESOLUTION 85—STRONG- for the Senate to consider any bill, resolu- LY CONDEMNING THE GROSS tion, message, conference report, amend- Mr. CASEY (for himself, Mr. BURR, AND SYSTEMATIC VIOLATIONS ment, treaty, or any other measure or mat- Mr. BROWN of Ohio, Mr. MENENDEZ, Mr. OF HUMAN RIGHTS IN LIBYA, IN- ter until 1 session day has passed since intro- CARDIN, Mr. LEAHY, Mrs. BOXER, Mrs. CLUDING VIOLENT ATTACKS ON duction for every 20 pages included in the HAGAN, Mrs. GILLIBRAND, Mr. MANCHIN, PROTESTERS DEMANDING DEMO- measure or matter in the usual form plus 1 Mr. UDALL of New Mexico, and Mr. session day for any number of remaining CRATIC REFORMS, AND FOR LAUTENBERG) submitted the following OTHER PURPOSES pages less than 20 in the usual form. resolution; which was considered and (b)(1) Any Senator may raise a point of agreed to: Mr. MENENDEZ (for himself, Mr. order that any bill, resolution, message, con- KIRK, Mr. LAUTENBERG, Mr. DURBIN, S. RES. 84 ference report, amendment, treaty, or any Mrs. GILLIBRAND, Mr. SANDERS, Mr. other measure or matter is not in order Whereas May 19, 2010, marked the one-year WHITEHOUSE, Mr. SCHUMER, Mr. CASEY, under subsection (a). No motion to table the anniversary of the end of the 26-year conflict Mr. WYDEN, and Mr. CARDIN) submitted point of order shall be in order. between the Liberation Tigers of Tamil the following resolution; which was (2) Any Senator may move to waive a point Eelam (LTTE) and the Government of Sri of order raised under paragraph (1) by an af- Lanka; considered and agreed to: firmative yea and nay vote of two-thirds of Whereas the Government of Sri Lanka es- S. RES. 85 the Senators duly chosen and sworn. All mo- tablished a Lessons Learned and Reconcili- Whereas Muammar Gadhafi and his regime tions to waive under this subparagraph shall ation Commission (LLRC) to report whether have engaged in gross and systematic viola- be debatable collectively for not to exceed 3 any person, group, or institution directly or tions of human rights, including violent at- hours equally divided between the Senator indirectly bears responsibility for incidents tacks on protesters demanding democratic raising the point for order and the Senator that occurred between February 2002 and reforms, that have killed thousands of peo- moving to waive the point of order or their May 2009 and to recommend measures to pre- ple; designees. A motion to waive the point of vent the recurrence of such incidents in the Whereas Muammar Gadhafi, his sons and order shall not be amendable. future and promote further national unity supporters have instigated and authorized (3) This resolution is enacted pursuant to and reconciliation among all communities; violent attacks on Libyan protesters using the power granted to each House of Congress Whereas United Nations Secretary-General warplanes, helicopters, snipers and soldiers to determine the Rules of its Proceedings in Ban Ki-moon appointed a panel of experts, and continue to threaten the life and well- clause 2 of section 5 of Article I of the Con- including Marzuki Darusman, the former at- being of any person voicing opposition to the stitution of the United States. torney general of Indonesia; Yazmin Sooka, Gadhafi regime;

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1069 Whereas the United Nations Security (7) urges the United Nations Security Whereas the Defense Intelligence Agency Council and the international community Council to take such further action as may leads the defense all-source analytic commu- have condemned the violence and use of be necessary to protect civilians in Libya nity including the Directorate for Analysis force against civilians in Libya and on Feb- from attack, including the possible imposi- and four specialized centers known as the ruary 26, 2011, the United Nations Security tion of a no-fly zone over Libyan territory; Underground Facility Analysis Center, the Council unanimously agreed to refer the on- (8) welcomes the African Union’s con- National Center for Medical Intelligence, the going situation in Libya to the International demnation of the ‘‘disproportionate use of Joint Intelligence Task Force-Combating Criminal Court, impose an arms embargo on force in Libya’’ and urges the Union to take Terrorism, and the Missile and Space Intel- the Libyan Arab Jamahiriya, including the action to address the human rights crisis in ligence Center, as well as synchronizes the provision of mercenary personnel, freeze the Libya and to ensure that member states, analytic efforts of the Army National financial assets of Muammar Gadhafi and particularly those bordering Libya, are in Ground Intelligence Center, Office of Naval certain family members, and impose a travel full compliance with the arms embargo im- Intelligence, Air Force National Air and ban on Gadhafi, certain family members and posed by United Nations Security Council Space Intelligence Center, Marine Corps In- senior advisors; Resolution 1970 against the Libyan Arab telligence Activity, and ten United States Whereas Muammar Gadhafi has ruled Jamahiriya, including the ban on the provi- combatant command intelligence centers; Libya for more than 40 years by banning and sion of armed mercenary personnel; Whereas the Defense Intelligence Agency brutally opposing any individual or group (9) welcomes the decision of the United Na- has throughout its history provided intel- opposing the ideology of his 1969 revolution, tions Human Rights Council to recommend ligence support to United States policy mak- criminalizing the peaceful exercise of expres- Libya’s suspension from the Council and ers and military commanders in both war sion and association, refusing to permit inde- urges the United Nations General Assembly and peacetime during significant national pendent journalists’ and lawyers’ organiza- to vote to suspend Libya’s rights of member- security events including the Cuban Missile tions, and engaging in torture and ship in the Council; Crisis, the Vietnam conflict, the Cold War extrajudicial executions, including the 1,200 (10) welcomes the attendance of Secretary and its aftermath, operations against state- detainees killed in Abu Salim Prison in June of State Clinton at the United Nations sponsored terrorist organizations, Operation 1996; Human Rights Council meeting in Geneva Desert Storm, and in support of United Whereas Libya took formal responsibility and 1) urges the Council’s assumption of a States military and coalition operations in for the terrorist attack that brought down country mandate for Libya that employs a Somalia, the former Yugoslavia, and Haiti; Pan Am Flight 103 over Lockerbie, Scotland, Special Rapporteur on the human rights sit- Whereas, since the terrorist attacks of killing 270 people, 189 of whom were U.S. citi- uation in Libya and 2) urges the U.S. Ambas- September 11, 2001, the men and women of zens and high-ranking Libyan officials have sador to the United Nations to advocate for the Defense Intelligence Agency have indicated that Muammar Gadhafi personally improving United Nations Human Rights worked diligently to deter, detect, and pre- ordered the attack; and Council membership criteria at the next vent acts of terror by providing intelligence Whereas Libya was elected to the United United Nations General Assembly in New support to United States and coalition forces Nations Human Rights Council on May 13, York City to exclude gross and systematic in support of the Global War on Terror, Oper- 2010 for a period of 3 years, sending a demor- violators of human rights; and ation Enduring Freedom in Afghanistan, and alizing message of indifference to the fami- (11) welcomes the outreach that has begun Operation Iraqi Freedom; and by the United States Government to Libyan lies of the victims of Pan Am flight 103 and Whereas the Defense Intelligence Agency opposition figures and supports an orderly, Libyan citizens that have endured repres- and subordinate organizations within the irreversible transition to a legitimate demo- sion, arbitrary arrest, enforced disappear- Agency have been awarded seven Joint Meri- cratic government in Libya. ance or physical assault in their struggle to torious Unit Awards reflecting the distinc- obtain basic human and civil rights: Now, f tive accomplishments of the personnel as- therefore, be it SENATE RESOLUTION 86—RECOG- signed to the Defense Intelligence Agency: Resolved, That the Senate— NIZING THE DEFENSE INTEL- Now, therefore, be it (1) applauds the courage of the Libyan peo- Resolved, That the Senate— LIGENCE AGENCY ON ITS 50TH (1) congratulates the men and women of ple in standing up against the brutal dicta- ANNIVERSARY torship of Muammar Gadhafi and for de- the Defense Intelligence Agency on the occa- manding democratic reforms, transparent Mrs. FEINSTEIN (for herself, Mr. sion of the Agency’s 50th Anniversary; governance, and respect for basic human and CHAMBLISS, Mr. WARNER, Ms. MIKULSKI, (2) honors the heroic sacrifice of the em- civil rights; Mr. RUBIO, Mr. BURR, Ms. SNOWE, Mr. ployees of the Defense Intelligence Agency who have given their lives, or have been (2) strongly condemns the gross and sys- NELSON of Florida, Mr. ROCKEFELLER, wounded or injured, in the service of the tematic violations of human rights in Libya, Mr. BLUNT, Mr. RISCH, Mr. LEVIN, Mr. including violent attacks on protesters de- United States during the past 50 years; and MCCAIN, and Mr. SHELBY) submitted (3) expresses gratitude to all the men and manding democratic reforms; the following resolution; which was re- (3) calls on Muammar Gadhafi to desist women of the Defense Intelligence Agency from further violence, recognize the Libyan ferred to the Select Committee on In- for their past and continued efforts to pro- people’s demand for democratic change, re- telligence: vide timely and accurate intelligence sup- sign his position and permit a peaceful tran- S. RES. 86 port to deliver overwhelming advantage to sition to democracy governed by respect for Whereas, the Defense Intelligence Agency our warfighters, defense planners, and de- human and civil rights and the right of the was created in 1961 as the United States lead fense and national security policymakers in people to choose their government in free military intelligence organization, approved the defense and security of the United and fair elections; by Secretary of Defense Robert McNamara States. (4) calls on the Gadhafi regime to imme- on July 5, 1961, and activated on October 1, Mrs. FEINSTEIN. Mr. President, I diately release persons that have been arbi- 1961; rise today to introduce a resolution trarily detained, to cease the intimidation, Whereas, with military and civilian em- honoring the Defense Intelligence harassment and detention of peaceful ployees worldwide, the Defense Intelligence Agency on the occasion of its 50th an- protestors, human rights defenders and jour- Agency produces military intelligence to niversary this year. nalists, to ensure civilian safety, and to warfighters and policymakers in the Depart- I am joined by Senators CHAMBLISS, guarantee access to human rights and hu- ment of Defense and the intelligence commu- WARNER, MIKULSKI, RUBIO, BURR, manitarian organizations; nity, to support United States military plan- (5) welcomes the unanimous vote of the ning, operations, and weapon systems acqui- SNOWE, BILL NELSON, ROCKEFELLER, United Nations Security Council on resolu- sition; BLUNT, RISCH, LEVIN, MCCAIN, and tion 1970 referring the situation in Libya to Whereas the Defense Intelligence Agency SHELBY on this resolution and I would the International Criminal Court, imposing possesses a diverse and expeditionary work- like to thank them for their support. an arms embargo on the Libyan Arab force that conducts all-source analysis, in- Created in 1961, the Defense Intel- Jamahiriya, freezing the assets of Gadhafi telligence collection, and information tech- ligence Agency, known as ‘‘DIA,’’ pro- and family members, and banning inter- nology infrastructure support around the vides intelligence on important na- national travel by Gadhafi, members of his world; tional security questions such as for- family, and senior advisors; Whereas the Defense Intelligence Agency eign military intentions and capabili- (6) urges the Gadhafi regime to abide by plays a critical role within the Department ties. The agency supports military United Nations Security Council Resolution of Defense, the combatant commands, the in- commanders and policymakers 1970 and ensure the safety of foreign nation- telligence community, and the Defense Intel- als and their assets, and to facilitate the de- ligence Enterprise through the Defense throughout the U.S. Government. parture of those wishing to leave the country Attache´ System, Defense Counterintel- In fact, as Chairman of the Senate as well as the safe passage of humanitarian ligence and HUMINT Center, National De- Select Committee on Intelligence, I and medical supplies, humanitarian agencies fense Intelligence College, National Media regularly review DIA intelligence prod- and workers, into Libya in order to assist Exploitation Center, and National Center for ucts. The DIA produces a daily set of the Libyan people; Credibility Assessment; classified intelligence products, called

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1070 CONGRESSIONAL RECORD — SENATE March 1, 2011 the Defense Intelligence Digest, which frequent briefings from DIA personnel. a Combat Support Agency with U.S. is provided to our Committee each Their depth of knowledge and expertise and United Nations forces in places morning. The agency also produces on foreign military intentions and ca- such as Somalia, Rwanda, former longer reports on foreign military ca- pabilities has been impressive. Yugoslavia, and Kosovo. pabilities, strategic reviews, and other I’ve met twice within the past few The emergence of radical Islamic issues of interest to defense and other weeks with the current DIA Director, movements such as al-Qaida and the policymakers. Lieutenant General Ronald Burgess. terrorist attacks of September 11th But producing finished intelligence He, like his predecessors, presents the have ushered in a new era of integra- analysis is only one of DIA’s missions. facts like he sees them and manages to tion and cooperation in military intel- Employing a diverse workforce of mili- serve the Intelligence Community and ligence. The intelligence community tary and civilian intelligence profes- the Department of Defense with skill has faced significant challenges and re- sionals, DIA conducts all-source anal- and integrity. organization in recent years, but DIA ysis, intelligence collection, and infor- I am keenly aware of the many sac- has stepped up to meet these chal- mation technology infrastructure sup- rifices our intelligence professionals lenges head-on. port worldwide. make to help defend our Nation and I DIA has worked diligently to deter, DIA’s responsibilities inside the De- am pleased that this resolution pays detect, and prevent acts of terror by partment of Defense and across the In- tribute to the DIA workforce and the providing intelligence to U.S. and coa- telligence Community have grown sig- DIA employees who have given their lition forces in support of the Global nificantly over the years. The agency lives, or have been wounded or injured, War on Terror, Operation Enduring today is responsible for the Defense in the line of service. Freedom in Afghanistan, and Operation Attache´ System, the Defense Counter- Because of the nature of intelligence Iraqi Freedom. intelligence and HUMINT Center, the and the need for secrecy, we in Con- Today, DIA has over 16,000 employees National Defense Intelligence College, gress often are understandably reluc- worldwide and has become an integral the National Media Exploitation Cen- tant to draw unnecessary attention to part of the Department of Defense and ter, the National Center for Credibility our intelligence services and the vital the intelligence community. I want to Assessment and four specialized cen- and sometimes dangerous work they do thank them for their service to our ters: the Underground Facility Anal- to protect our Nation. However, at this country and all that they do for our ysis Center, the National Center for important 50th anniversary, it is ap- warfighters, planners, and policy- Medical Intelligence, the Joint Intel- propriate to reflect on DIA’s history of makers. I am sure that all of my col- ligence Task Force-Combating Ter- important contributions while also leagues will join me in congratulating rorism and the Missile and Space Intel- honoring its professionals, past and them on their upcoming 50th Anniver- ligence Center. present. sary. DIA also oversees intelligence anal- I ask my colleagues to join me in f ysis throughout the Department of De- congratulating the men and women of fense, including analytic work per- DIA as they celebrate their legacy and AMENDMENTS SUBMITTED AND formed at the Army National Ground forge their future. PROPOSED Intelligence Center, the Office of Naval Mr. CHAMBLISS. Mr. President, I SA 118. Mr. BENNET (for himself, Mr. Intelligence, the Air Force National rise today to talk about the Defense In- BROWN of Massachusetts, Mr. RISCH, Mr. Air and the Space Intelligence Center, telligence Agency and a resolution that COONS, Mr. BINGAMAN, and Mr. CRAPO) sub- the Marine Corps Intelligence Activity, Chairman FEINSTEIN and I have intro- mitted an amendment intended to be pro- and ten U.S. combatant command in- duced in honor of DIA’s 50th Anniver- posed by him to the bill S. 23, to amend title sary. The Defense Intelligence Agency 35, United States Code, to provide for patent telligence operations centers. reform; which was ordered to lie on the Over the last 50 years, the intel- is an integral part of the Department table. ligence collected and analyzed by the of Defense, our combatant commands, SA 119. Mr. BENNET (for himself and Mr. men and women of DIA has informed and the intelligence community. I UDALL of Colorado) submitted an amend- the Nation’s civilian and military lead- want to congratulate the Agency and ment intended to be proposed by him to the ers during crises and conflicts—from its employees on the approaching 50th bill S. 23, supra; which was ordered to lie on the Cold War to the current struggle Anniversary. the table. against international terrorism. DIA The Defense Intelligence Agency was SA 120. Mr. KIRK submitted an amend- established in 1961 under Secretary of ment intended to be proposed by him to the has played a vital role in collecting, bill S. 23, supra; which was ordered to lie on analyzing, and producing intelligence Defense, Robert McNamara following a the table. required to defend the Nation while national debate on defense reorganiza- SA 121. Mr. LEAHY (for himself, Mr. also supporting U.S. military oper- tion after World War II. McNamara, GRASSLEY, Mr. KYL, and Mr. WHITEHOUSE) ations worldwide. acting on recommendations of a Joint proposed an amendment to the bill S. 23, During the past 5 decades, DIA has Study Group appointed by President supra. transformed in response to evolving na- Eisenhower, created the DIA to con- SA 122. Mr. COONS submitted an amend- tional security threats. From the solidate and integrate military intel- ment intended to be proposed by him to the ligence efforts. DIA began operations bill S. 23, supra; which was ordered to lie on Cuban Missile Crisis and the Vietnam the table. conflict, to the first Gulf War, DIA’s ef- on October 1, 1961 with only a handful SA 123. Mr. KIRK (for himself and Mr. forts have focused on understanding of employees in borrowed office space PRYOR) submitted an amendment intended to and, if necessary, defeating state-spon- in the Pentagon. be proposed by him to the bill S. 23, supra. sored militaries while also providing Shortly after its inception, DIA was SA 124. Mr. MENENDEZ submitted an strategic warning and preventing stra- thrust into the Cold War where DIA’s amendment intended to be proposed by him tegic surprise. analysts played a key role in the dis- to the bill S. 23, supra. Since the 9/11 terrorist attacks in covery of ballistic missiles in Cuba. SA 125. Mr. CARDIN submitted an amend- New York and Washington almost ten However, the fledgling agency faced ment intended to be proposed by him to the bill S. 23, supra; which was ordered to lie on years ago, DIA has responded to the several early hurdles in the 60’s includ- the table. asymmetric threat posed by ing the Vietnam War and the Soviet SA 126. Ms. STABENOW (for herself and transnational terrorist groups such as Union’s invasion of Czechoslovakia. In Mr. LEVIN) submitted an amendment in- al-Qaeda by pushing more analytic and the 70’s and 80’s, DIA focused much of tended to be proposed by her to the bill S. 23, collection capabilities forward in di- its attention on providing intelligence supra; which was ordered to lie on the table. rect support of our military forces in on the Soviet Union, but was finally SA 127. Mr. ENSIGN submitted an amend- Iraq, Afghanistan, and elsewhere. coming of age as it was assigned sup- ment intended to be proposed by him to the port responsibilities to our combatant bill S. 23, supra; which was ordered to lie on Today the agency is more forward de- the table. ployed with soldiers on the battlefield commanders under the Goldwater- SA 128. Mr. FRANKEN submitted an than at any time in its history. Nichols Defense Reorganization Act. amendment intended to be proposed by him As Chairman of the Senate Select The 90’s brought Operation DESERT to the bill S. 23, supra; which was ordered to Committee on Intelligence, I receive STORM and bolstered DIA’s mission as lie on the table.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1071 SA 129. Mr. RISCH submitted an amend- missions by a satellite carrier to subscribers filed within 3 months of the grant of the pat- ment intended to be proposed by him to the in any such county of the primary trans- ent, the court may not stay its consideration bill S. 23, supra; which was ordered to lie on missions of any network station located in of the patent owner’s motion for a prelimi- the table. that State, if the satellite carrier was mak- nary injunction against infringement of the SA 130. Mr. RISCH submitted an amend- ing such secondary transmissions to any sub- patent on the basis that a petition for post- ment intended to be proposed by him to the scribers in that county on January 1, 2008.’’. grant review has been filed or that such a bill S. 23, supra; which was ordered to lie on (c) CABLE CARRIAGE OF CERTAIN TELEVISION proceeding has been instituted.’’. the table. BROADCAST SIGNAL.—Section 341 of Commu- On page 59, strike lines 13 through 19. SA 131. Mr. CARDIN submitted an amend- nications Act of 1934 (47 U.S.C. 341) is amend- On page 59, line 20, strike ‘‘(g)’’ and insert ment intended to be proposed by him to the ed by adding at the end the following: ‘‘(f)’’. bill S. 23, supra; which was ordered to lie on ‘‘(c) RULE OF CONSTRUCTION.— On page 65, line 21, strike ‘‘18 months’’ and the table. ‘‘(1) SIGNIFICANTLY VIEWED.—Each tele- insert ‘‘1 year’’. SA 132. Mr. CARDIN (for himself and Ms. vision broadcast station broadcasting in the On page 66, line 3, strike ‘‘18 months’’ and LANDRIEU) submitted an amendment in- designated market area of a State capital is insert ‘‘1 year’’. tended to be proposed by him to the bill S. deemed significantly viewed in a covered On page 66, lines 4 and 5, strike ‘‘and shall 23, supra; which was ordered to lie on the county within the meaning of section 76.54 of apply only to patents issued on or after that table. title 47, Code of Federal Regulations, for pur- date.’’ and insert ‘‘and, except as provided in poses of the carriage and retransmission of section 18 and in paragraph (3), shall apply f the signals of such broadcast station by a only to patents that are described in section TEXT OF AMENDMENTS cable system, translator, or other multi- 2(o)(1).’’. channel video programming distributor. On page 66, line 8, after the period insert SA 118. Mr. BENNET (for himself, ‘‘(2) RETRANSMISSION PERMITTED.—Notwith- the following: ‘‘During the 4 year period fol- Mr. BROWN of Massachusetts, Mr. standing the provisions of section 325(b), a lowing the effective date of subsections (a) RISCH, Mr. COONS, Mr. BINGAMAN, and cable system, translator, or other multi- and (d), the Director may, in his discretion, Mr. CRAPO) submitted an amendment channel video programming distributor may continue to apply the provisions of chapter intended to be proposed by him to the retransmit the signal of any television 31 of title 35, United States Code, as amended bill S. 23, to amend title 35, United broadcast station described in paragraph (1) by paragraph (3), as if subsection (a) had not States Code, to provide for patent re- within a covered county. been enacted to such proceedings instituted under section 314 (as amended by subsection form; which was ordered to lie on the ‘‘(3) DEFINITION OF COVERED COUNTY.—For purposes of this subsection, a county is a (a)) or under section 324 as are instituted table; as follows: covered county if— only on the basis of prior art consisting of On page 32, line 12, strike ‘‘DAMAGES’’ and ‘‘(A) it is 1 of 2 counties located in the 44th patents and printed publications.’’. insert ‘‘DEFENSES; EVIDENTIARY RE- largest designated market area for the year On page 69, line 2, strike ‘‘18 months’’ and QUIREMENTS’’. 2008 according to Nielsen Media Research; insert ‘‘1 year’’. On page 32, strike line 13 and all that fol- and On page 69, line 14, strike ‘‘18 months’’ and lows through page 35, line 2. ‘‘(B) it had a combined total of 27,540 tele- insert ‘‘1 year’’. On page 37, line 1, strike ‘‘(b)’’ and insert vision households, according to the Nielsen On page 74, line 22, strike ‘‘18 months’’ and ‘‘(a)’’. DMA Market Atlas by Nielsen Media Research insert ‘‘1 year’’. On page 37, line 20, strike ‘‘(c)’’ and insert for 2008.’’. On page 75, line 16, strike ‘‘18 months’’ and ‘‘(b)’’. On page 104, line 23, strike ‘‘SEC. 18.’’ and insert ‘‘1 year’’. On page 38, line 3, strike ‘‘(d)’’ and insert insert ‘‘SEC. 19.’’. On page 75, line 22, strike ‘‘18 months’’ and ‘‘(c)’’. insert ‘‘1 year’’. On page 38, line 13, strike ‘‘(e)’’ and insert SA 120. Mr. KIRK submitted an On page 76, line 5, strike ‘‘18 months’’ and ‘‘(d)’’. amendment intended to be proposed by insert ‘‘1 year’’. On page 77, strike line 23 and all that fol- him to the bill S. 23, to amend title 35, On page 77, strike line 23 and all that fol- lows through page 78, line 6. lows through page 78, line 6. United States Code, to provide for pat- On page 78, line 7, strike ‘‘(b)’’ and insert On page 78, line 7, strike ‘‘(b)’’ and insert ‘‘(a)’’. ent reform; which was ordered to lie on ‘‘(a)’’. On page 78, line 20, strike ‘‘(c)’’ and insert the table; as follows: On page 78, line 20, strike ‘‘(c)’’ and insert ‘‘(b)’’. On page 104, between lines 22 and 23, insert ‘‘(b)’’. the following: On page 79, strike lines 1 through 17, and SA 119. Mr. BENNET (for himself and SEC. 18. PATENT OMBUDSMAN PROGRAM FOR insert the following: (1) IN GENERAL.—The Director shall have Mr. UDALL of Colorado) submitted an SMALL BUSINESS CONCERNS. There is established in the United States authority to set or adjust by rule any fee es- amendment intended to be proposed by tablished, authorized, or charged under title him to the bill S. 23, to amend title 35, Patent and Trademark Office a Patent Om- budsman Program. The duties of the Pro- 35, United States Code, and the Trademark United States Code, to provide for pat- gram’s staff shall include providing support Act of 1946 (15 U.S.C. 1051 et seq.), notwith- ent reform; which was ordered to lie on and services relating to patent filings to standing the fee amounts established, au- the table; as follows: small business concerns. thorized, or charged thereunder, for all serv- On page 104, between lines 22 and 23, insert ices performed by or materials furnished by, the following: SA 121. Mr. LEAHY (for himself, Mr. the Office, provided that patent and trade- mark fee amounts are in the aggregate set to SEC. 18. TELEVISION ACCESS. GRASSLEY, Mr. KYL, and Mr. recover the estimated cost to the Office for WHITEHOUSE) proposed an amendment (a) SHORT TITLE.—This section may be processing, activities, services, and mate- cited as the ‘‘Four Corners Television Access to the bill S. 23, to amend title 35, rials relating to patents and trademarks, re- Act of 2011’’. United States Code, to provide for pat- spectively, including proportionate shares of (b) SATELLITE CARRIAGE OF CERTAIN TELE- ent reform; as follows: the administrative costs of the Office. VISION BROADCAST SIGNALS.—Section On page 1, strike line 5, and insert the fol- On page 79, lines 19–21, strike ‘‘filing, proc- 122(a)(4)(C) of title 17, United States Code, is lowing: ‘‘ ‘America Invents Act’ ’’. essing, issuing, and maintaining patent ap- amended— On page 9, line 8, strike ‘‘1 year’’ and insert plications and patents’’ and insert: ‘‘filing, (1) by redesignating clauses (i) and (ii) as ‘‘18 months’’. searching, examining, issuing, appealing, and subclauses (I) and (II), respectively; On page 32, strike line 12 and all that fol- maintaining patent applications and pat- (2) by striking ‘‘In the case of that State’’ lows through page 35, line 2, and insert the ents’’. and inserting the following: following: On page 86, between lines 8 and 9, insert ‘‘(ii) In the case of that State’’; and SEC. 4. VIRTUAL MARKING AND ADVICE OF the following: (3) by inserting before clause (ii) (as so re- COUNSEL. (i) REDUCTION IN FEES FOR SMALL ENTITY designated by paragraph (2)) the following: On page 37, line 1, strike ‘‘(b)’’ and insert PATENTS.—The Director shall reduce fees for ‘‘(i) In the case of that State in which are ‘‘(a)’’. providing prioritized examination of utility located 2 counties that— On page 37, line 20, strike ‘‘(c)’’ and insert and plant patent applications by 50 percent ‘‘(I) are located in the 44th largest des- ‘‘(b)’’. for small entities that qualify for reduced ignated market area for the year 2008 accord- On page 38, line 3, strike ‘‘(d)’’ and insert fees under section 41(h)(1) of title 35, United ing to Nielsen Media Research; and ‘‘(c)’’. States Code, so long as the fees of the ‘‘(II) had a combined total of 27,540 tele- On page 38, line 13, strike ‘‘(e)’’ and insert prioritized examination program are set to vision households, according to the Nielsen ‘‘(d)’’. recover the estimated cost of the program. DMA Market Atlas by Nielsen Media Research On page 57, strike lines 17 through 23, and On page 86, line 9, strike ‘‘(i)’’ and insert for 2008, insert the following: ‘‘(j)’’. the statutory license provided under this ‘‘(b) PRELIMINARY INJUNCTIONS.—If a civil On page 91, between lines 14 and 15, insert paragraph shall apply to secondary trans- action alleging infringement of a patent is the following:

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(b) NO PROVISION OF FACILITIES AUTHOR- SEC. 18. TRANSITIONAL PROGRAM FOR COVERED filed prior to the date that this subsection is IZED.—The repeal made by the amendment in BUSINESS-METHOD PATENTS. repealed pursuant to subparagraph (A). subsection (a)(1) shall not be construed to (a) REFERENCES.—Except as otherwise ex- (c) REQUEST FOR STAY.— authorize the provision of any court facili- pressly provided, wherever in this section (1) IN GENERAL.—If a party seeks a stay of ties or administrative support services out- language is expressed in terms of a section or a civil action alleging infringement of a pat- side of the District of Columbia. chapter, the reference shall be considered to ent under section 281 in relation to a transi- On page 91, line 15, strike ‘‘(b)’’ and insert be made to that section or chapter in title tional proceeding for that patent, the court ‘‘(c)’’. 35, United States Code. shall decide whether to enter a stay based on— On page 91, line 23, strike ‘‘under either (b) TRANSITIONAL PROGRAM.— (A) whether a stay, or the denial thereof, subsection’’ and all that follows through (1) ESTABLISHMENT.—Not later than 1 year will simplify the issues in question and ‘‘shall certify’’ on page 92, line 2. after the date of enactment of this Act, the streamline the trial; On page 92, line 7, before the semicolon in- Director shall issue regulations establishing (B) whether discovery is complete and sert the following: ‘‘, not including applica- and implementing a transitional post-grant whether a trial date has been set; tions filed in another country, provisional review proceeding for review of the validity (C) whether a stay, or the denial thereof, applications under section 111(b), or inter- of covered business-method patents. The would unduly prejudice the nonmoving party national applications filed under the treaty transitional proceeding implemented pursu- or present a clear tactical advantage for the defined in section 351(a) for which the basic ant to this subsection shall be regarded as, moving party; and national fee under section 41(a) was not and shall employ the standards and proce- (D) whether a stay, or the denial thereof, paid’’. dures of, a post-grant review under chapter On page 92, between lines 7 and 8, insert will reduce the burden of litigation on the 32, subject to the following exceptions and the following: parties and on the court. qualifications: ‘‘(3) did not in the prior calendar year have (2) REVIEW.—A party may take an imme- (A) Section 321(c) and subsections (e)(2), (f), a gross income, as defined in section 61(a) of diate interlocutory appeal from a district and (g) of section 325 shall not apply to a the Internal Revenue Code (26 U.S.C. 61(a)), court’s decision under paragraph (1). The transitional proceeding. exceeding 3 times the most recently reported United States Court of Appeals for the Fed- (B) A person may not file a petition for a median household income, as reported by the eral Circuit shall review the district court’s transitional proceeding with respect to a Bureau of Census; and’’. decision to ensure consistent application of covered business-method patent unless the On page 92, strike lines 8 through 25. established precedent. person or his real party in interest has been On page 93, line 1, strike ‘‘(3) has not as- (d) DEFINITION.—For purposes of this sec- sued for infringement of the patent or has signed, granted, conveyed, or is’’ and insert tion, the term ‘‘covered business method pat- been charged with infringement under that ‘‘(4) has not assigned, granted, conveyed, and ent’’ means a patent that claims a method or patent. is not’’. corresponding apparatus for performing data On page 93, lines 4 and 5, strike ‘‘has 5 or (C) A petitioner in a transitional pro- processing operations utilized in the prac- fewer employees and that such entity has’’ ceeding who challenges the validity of 1 or tice, administration, or management of a fi- and insert ‘‘had’’. more claims in a covered business-method nancial product or service, except that the On page 93, line 7, strike ‘‘that does’’ and patent on a ground raised under section 102 term shall not include patents for techno- all that follows through line 11, and insert or 103 as in effect on the day prior to the logical inventions. Solely for the purpose of the following: ‘‘exceeding 3 times the most date of enactment of this Act may support implementing the transitional proceeding recently reported median household income, such ground only on the basis of— authorized by this subsection, the Director as reported by the Bureau of the Census, in (i) prior art that is described by section shall prescribe regulations for determining whether a patent is for a technological in- the calendar year preceding the calendar 102(a) (as in effect on the day prior to the vention. year in which the fee is being paid, other date of enactment of this Act); or (ii) prior art that— (e) RULE OF CONSTRUCTION.—Nothing in than an entity of higher education where the this section shall be construed as amending applicant is not an employee, a relative of an (I) discloses the invention more than 1 year prior to the date of the application for pat- or interpreting categories of patent-eligible employee, or have any affiliation with the subject matter set forth under section 101. entity of higher education.’’. ent in the United States; and (II) would be described by section 102(a) (as SEC. 19. TRAVEL EXPENSES AND PAYMENT OF On page 93, strike lines 12 through 17, and ADMINISTRATIVE JUDGES. insert the following: in effect on the day prior to the date of en- actment of this Act) if the disclosure had (a) AUTHORITY TO COVER CERTAIN TRAVEL ‘‘(b) APPLICATIONS RESULTING FROM PRIOR RELATED EXPENSES.—Section 2(b)(11) of title EMPLOYMENT.—An applicant is not consid- been made by another before the invention thereof by the applicant for patent. 35, United States Code, is amended by insert- ered to be named on a previously filed appli- ing ‘‘, and the Office is authorized to expend (D) The petitioner in a transitional pro- cation for purposes of subsection (a)(2) if the funds to cover the subsistence expenses and ceeding, or his real party in interest, may applicant has assigned, or is under an obliga- travel-related expenses, including per diem, not assert either in a civil action arising in tion by contract or law to assign, all owner- lodging costs ,and transportation costs, of whole or in part under section 1338 of title 28, ship rights in the application as the result of non-federal employees attending such pro- the applicant’s previous employment. United States Code, or in a proceeding before grams’’ after ‘‘world’’. ‘‘(c) FOREIGN CURRENCY EXCHANGE RATE.— the International Trade Commission that a (b) PAYMENT OF ADMINISTRATIVE JUDGES.— If an applicant’s or entity’s gross income in claim in a patent is invalid on any ground Section 3(b) of title 35, United States Code, is the preceding year is not in United States that the petitioner raised during a transi- amended by adding at the end the following: dollars, the average currency exchange rate, tional proceeding that resulted in a final ‘‘(6) ADMINISTRATIVE PATENT JUDGES AND as reported by the Internal Revenue Service, written decision. ADMINISTRATIVE TRADEMARK JUDGES.—The during the preceding year shall be used to (E) The Director may institute a transi- Director has the authority to fix the rate of determine whether the applicant’s or enti- tional proceeding only for a patent that is a basic pay for the administrative patent ty’s gross income exceeds the threshold spec- covered business-method patent. judges appointed pursuant to section 6 of ified in paragraphs (3) or (4) of subsection (2) EFFECTIVE DATE.—The regulations this title and the administrative trademark (a).’’. issued pursuant to paragraph (1) shall take judges appointed pursuant to section 17 of On page 94, between lines 18 and 19, insert effect on the date that is 1 year after the the Trademark Act of 1946 (15 U.S.C. 1067) at the following: date of enactment of this Act and shall apply not greater than the rate of basic pay pay- (c) RULE OF CONSTRUCTION.—Nothing in to all covered business-method patents able for Level III of the Executive Schedule. this section shall be construed to imply that issued before, on, or after such date of enact- The payment of a rate of basic pay under other business methods are patentable or ment, except that the regulations shall not this paragraph shall not be subject to the that other business-method patents are apply to a patent described in the first sen- pay limitation of section 5306(e) or 5373 of valid. tence of section 5(f)(2) of this Act during the title 5.’’. On page 94, line 19, strike ‘‘(c)’’ and insert period that a petition for post-grant review SEC. 20. PATENT AND TRADEMARK OFFICE FUND- ‘‘(d)’’. of that patent would satisfy the require- ING. On page 103, between lines 11 and 12, insert ments of section 321(c). (a) DEFINITIONS.—In this section, the fol- the following: (3) SUNSET.— lowing definitions shall apply: ‘‘(c) DERIVATIVE JURISDICTION NOT RE- (A) IN GENERAL.—This subsection, and the (1) DIRECTOR.—The term ‘‘Director’’ means QUIRED.—The court to which a civil action is regulations issued pursuant to this sub- the Director of the United States Patent and removed under this section is not precluded section, are repealed effective on the date Trademark Office. from hearing and determining any claim in that is 4 years after the date that the regula- (2) FUND.—The term ‘‘Fund’’ means the such civil action because the State court tions issued pursuant to paragraph (1) take public enterprise revolving fund established from which such civil action is removed did effect. under subsection (c). not have jurisdiction over that claim.’’. (B) APPLICABILITY.—Notwithstanding sub- (3) OFFICE.—The term ‘‘Office’’ means the On page 103, line 12, strike ‘‘(c)’’ and insert paragraph (A), this subsection and the regu- United States Patent and Trademark Office. ‘‘(d)’’. lations implemented pursuant to this sub- (4) TRADEMARK ACT OF 1946.—The term On page 105, between lines 22 and 23, insert section shall continue to apply to any peti- ‘‘Trademark Act of 1946’’ means an Act enti- the following: tion for a transitional proceeding that is tled ‘‘Act to provide for the registration and

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — SENATE S1073 protection of trademarks used in commerce, (3) describe the long term modernization by him to the bill S. 23, to amend title to carry out the provisions of certain inter- plans of the Office; 35, United States Code, to provide for national conventions, and for other pur- (4) set forth details of any progress towards patent reform; as follows: poses’’, approved July 5, 1946 (15 U.S.C. 1051 such modernization plans made in the pre- On page 104, strike line 23, and insert the et seq.) (commonly referred to as the ‘‘Trade- vious fiscal year; and following: mark Act of 1946’’ or the ‘‘Lanham Act’’). (5) include the results of the most recent SEC. 18. PRIORITY EXAMINATION FOR TECH- (5) UNDER SECRETARY.—The term ‘‘Under audit carried out under subsection (f). NOLOGIES IMPORTANT TO AMER- (e) ANNUAL SPENDING PLAN.— Secretary’’ means the Under Secretary of ICAN COMPETITIVENESS. Commerce for Intellectual Property. (1) IN GENERAL.—Not later than 30 days Section 2(b)(2) of title 35, United States (b) FUNDING.— after the beginning of each fiscal year, the Code, is amended— (1) IN GENERAL.—Section 42 of title 35, Director shall notify the Committees on Ap- (1) in subparagraph (E), by striking ‘‘; and’’ United States Code, is amended— propriations of both Houses of Congress of and inserting a semicolon; (A) in subsection (b), by striking ‘‘Patent the plan for the obligation and expenditure (2) in subparagraph (F), by striking the and Trademark Office Appropriation Ac- of the total amount of the funds for that fis- semicolon and inserting ‘‘; and’’; and count’’ and inserting ‘‘United States Patent cal year in accordance with section 605 of the (3) by adding at the end the following: and Trademark Office Public Enterprise Science, State, Justice, Commerce, and Re- ‘‘(G) may, subject to any conditions pre- Fund’’; and lated Agencies Appropriations Act, 2006 scribed by the Director and at the request of (B) in subsection (c), in the first sentence— (Public Law 109–108; 119 Stat. 2334). the patent applicant, provide for (i) by striking ‘‘To the extent’’ and all that (2) CONTENTS.—Each plan under paragraph prioritization of examination of applications follows through ‘‘fees’’ and inserting ‘‘Fees’’; (1) shall— for products, processes, or technologies that and (A) summarize the operations of the Office are important to the national economy or (ii) by striking ‘‘shall be collected by and for the current fiscal year, including finan- national competitiveness, such as green shall be available to the Director’’ and in- cial details and staff levels with respect to technologies designed to foster renewable en- serting ‘‘shall be collected by the Director major activities; and ergy, clean energy, biofuels or bio-based and shall be available until expended’’. (B) detail the operating plan of the Office, products, agricultural sustainability, envi- (2) EFFECTIVE DATE.—The amendments including specific expense and staff needs, ronmental quality, energy conservation, or made by paragraph (1) shall take effect on for the current fiscal year. energy efficiency, without recovering the ag- (f) AUDIT.—The Under Secretary shall, on the later of— gregate extra cost of providing such an annual basis, provide for an independent (A) October 1, 2011; or prioritization, notwithstanding section 41 or audit of the financial statements of the Of- (B) the first day of the first fiscal year that any other provision of law;’’. fice. Such audit shall be conducted in ac- begins after the date of the enactment of SEC. 19. EFFECTIVE DATE. this Act. cordance with generally acceptable account- (c) USPTO REVOLVING FUND.— ing procedures. UDGET SA 125. Mr. CARDIN submitted an (1) ESTABLISHMENT.—There is established (g) B .—The Fund shall prepare and in the Treasury of the United States a re- submit each year to the President a busi- amendment intended to be proposed by volving fund to be known as the ‘‘United ness-type budget in a manner, and before a him to the bill S. 23, to amend title 35, States Patent and Trademark Office Public date, as the President prescribes by regula- United States Code, to provide for pat- Enterprise Fund’’. Any amounts in the Fund tion for the budget program. ent reform; which was ordered to lie on shall be available for use by the Director On page 105, line 23, strike ‘‘SEC. 18.’’ and the table; as follows: without fiscal year limitation. insert ‘‘SEC. 21.’’. At the end, add the following: On page 104, strike line 23, and insert the (2) DERIVATION OF RESOURCES.—There shall SEC. 22. BUDGETARY EFFECTS. following: be deposited into the Fund on or after the ef- SEC. 18. COMPLIANCE WITH CERTAIN ORDERS OF fective date of subsection (b)(1)— The budgetary effects of this Act, for the purpose of complying with the Statutory THE FEDERAL COMMUNICATIONS (A) any fees collected under sections 41, 42, COMMISSION. and 376 of title 35, United States Code, pro- Pay-As-You-Go-Act of 2010, shall be deter- Section 1498 of title 28, United States Code, vided that notwithstanding any other provi- mined by reference to the latest statement is amended by adding at the end the fol- sion of law, if such fees are collected by, and titled ‘‘Budgetary Effects of PAYGO Legisla- lowing: payable to, the Director, the Director shall tion’’ for this Act, submitted for printing in ‘‘(f) Whenever, after the date of enactment transfer such amounts to the Fund, provided, the Congressional Record by the Chairman of of this subsection, a wireless carrier is al- however, that no funds collected pursuant to the Senate Budget Committee, provided that leged to infringe a patent or copyright not section 9(h) of this Act or section 1(a)(2) of such statement has been submitted prior to previously licensed as a means to comply Public Law 111-45 shall be deposited in the the vote on passage. with an order or directive of the Federal Fund; and Communications Commission concerning en- (B) any fees collected under section 31 of SA 122. Mr. COONS submitted an hanced 911 services, then that alleged in- the Trademark Act of 1946 (15 U.S.C. 1113). amendment intended to be proposed by fringement shall be construed as a use or (3) EXPENSES.—Amounts deposited into the him to the bill S. 23, to amend title 35, manufacture for the United States for pur- Fund under paragraph (2) shall be available, United States Code, to provide for pat- poses of this section.’’. without fiscal year limitation, to cover— ent reform; which was ordered to lie on SEC. 19. EFFECTIVE DATE. (A) all expenses to the extent consistent the table; as follows: with the limitation on the use of fees set On page 77, strike line 23 and all that fol- SA 126. Ms. STABENOW (for herself forth in section 42(c) of title 35, United lows through page 78, line 6. and Mr. LEVIN) submitted an amend- States Code, including all administrative On page 78, line 7, strike ‘‘(b)’’ and insert ment intended to be proposed by her to and operating expenses, determined in the ‘‘(a)’’. discretion of the Under Secretary to be ordi- the bill S. 23, to amend title 35, United On page 78, line 20, strike ‘‘(c)’’ and insert States Code, to provide for patent re- nary and reasonable, incurred by the Under ‘‘(b)’’. Secretary and the Director for the continued form; which was ordered to lie on the operation of all services, programs, activi- SA 123. Mr. KIRK (for himself and table; as follows: ties, and duties of the Office relating to pat- Mr. PRYOR) submitted an amendment On page 104, strike line 23 and insert the ents and trademarks, as such services, pro- intended to be proposed by him to the following: grams, activities, and duties are described SEC. 18. DESIGNATION OF DETROIT SATELLITE under— bill S. 23, to amend title 35, United States Code, to provide for patent re- OFFICE. (i) title 35, United States Code; and (a) DESIGNATION.—The satellite office of (ii) the Trademark Act of 1946; and form; as follows: the United States Patent and Trademark Of- (B) all expenses incurred pursuant to any On page 104, between lines 22 and 23, insert fice to be located in Detroit, Michigan shall obligation, representation, or other commit- the following: be known and designated as the ‘‘Elijah J. ment of the Office. SEC. 18. PATENT OMBUDSMAN PROGRAM FOR McCoy United States Patent and Trademark (d) ANNUAL REPORT.—Not later than 60 SMALL BUSINESS CONCERNS. Office’’. days after the end of each fiscal year, the Subject to available resources, the Direc- (b) REFERENCES.—Any reference in a law, Under Secretary and the Director shall sub- tor may establish in the United States Pat- map, regulation, document, paper, or other mit a report to Congress which shall— ent and Trademark Office a Patent Ombuds- record of the United States to the satellite (1) summarize the operations of the Office man Program. The duties of the Program’s office of the United States Patent and Trade- for the preceding fiscal year, including finan- staff shall include providing support and mark Office to be located in Detroit, Michi- cial details and staff levels broken down by services relating to patent filings to small gan referred to in subsection (a) shall be each major activity of the Office; business concerns. deemed to be a reference to the ‘‘Elijah J. (2) detail the operating plan of the Office, McCoy United States Patent and Trademark including specific expense and staff needs for SA 124. Mr. MENENDEZ submitted Office’’. the upcoming fiscal year; an amendment intended to be proposed SEC. 19. EFFECTIVE DATE.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1074 CONGRESSIONAL RECORD — SENATE March 1, 2011 SA 127. Mr. ENSIGN submitted an of the Small Business Act (15 U.S.C. 632), and ized to meet during the session of the amendment intended to be proposed by small business concerns owned and con- Senate on March 1, 2011, at 9:30 a.m. him to the bill S. 23, to amend title 35, trolled by socially and economically dis- The PRESIDING OFFICER. Without United States Code, to provide for pat- advantaged individuals, as that term is de- objection, it is so ordered. fined in section 8(d)(3)(C) of the Small Busi- ent reform; which was ordered to lie on ness Act (15 U.S.C. 637(d)(3)(C)); COMMITTEE ON ARMED SERVICES the table; as follows: (iv) the cost savings and other potential Mr. LEAHY. Mr. President, I ask On page 94, between lines 18 and 19, insert benefits to small business concerns of the unanimous consent that the Com- the following: change; and mittee on Armed Services be author- (c) EXCLUSION.—This section does not (v) ized to meet during the session of the apply to tax preparation computer software f Senate on March 1, 2011, at 4:30 p.m. or financial management computer software The PRESIDING OFFICER. Without that is novel and nonobvious as computer NOTICES OF HEARINGS software. objection, it is so ordered. On page 94, line 19, strike ‘‘(c)’’ and insert COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘(d)’’. RESOURCES AFFAIRS Mr. BINGAMAN. Mr. President, I Mr. LEAHY. Mr. President, I ask SA 128. Mr. FRANKEN submitted an would like to announce for the infor- unanimous consent that the Com- amendment intended to be proposed by mation of the Senate and the public mittee on Banking, Housing, and him to the bill S. 23, to amend title 35, that a hearing has been scheduled be- Urban Affairs be authorized to meet United States Code, to provide for pat- fore the Senate Committee on Energy during the session of the Senate on ent reform; which was ordered to lie on and Natural Resources. The hearing March 1, 2011, at 10 a.m., to conduct a the table; as follows: will be held on Tuesday, March 8, 2010, committee hearing entitled ‘‘Semi- On page 104, between lines 22 and 23, insert at 10:00 a.m., in room SD–366 of the annual Monetary Policy Report to Con- the following: Dirksen Senate Office Building. gress.’’ SEC. 18. TEMPORARY PROGRAM FOR RAPID DE- The purpose of the hearing is to con- The PRESIDING OFFICER. Without PLOYMENT OF RENEWABLE ENERGY sider the nomination of Peter B. objection, it is so ordered. AND ELECTRIC POWER TRANS- Lyons, to be an Assistant Secretary of MISSION PROJECTS. COMMITTEE ON FINANCE Energy (Nuclear Energy). Section 1705(a) of the Energy Policy Act of Mr. LEAHY. Mr. President, I ask Because of the limited time available 2005 (42 U.S.C. 16516(a)) is amended by adding unanimous consent that the Com- at the end the following: for the hearing, witnesses may testify mittee on Finance be authorized to ‘‘(4) Energy efficiency projects, including by invitation only. However, those meet during the session of the Senate projects to retrofit residential, commercial, wishing to submit written testimony on March 1, 2011, at 10 a.m., in 215 Dirk- and industrial buildings, facilities, and for the hearing record may do so by equipment.’’. sen Senate Office Building, to conduct sending it to the Committee on Energy a hearing entitled ‘‘How Did We Get and Natural Resources, United States SA 129. Mr. RISCH submitted an Here? Changes in the Law and Tax En- Senate, Washington, D.C. 20510–6150, or amendment intended to be proposed by vironment Since the Tax Reform Act of by e-mail to Amandalkelly@energy him to the bill S. 23, to amend title 35, 1986.’’ .senate.gov. United States Code, to provide for pat- The PRESIDING OFFICER. Without For further information, please con- ent reform; which was ordered to lie on objection, it is so ordered. tact Sam Fowler or Amanda Kelly. the table; as follows: COMMITTEE ON FOREIGN RELATIONS COMMITTEE ON ENERGY AND NATURAL On page 42, line 19, strike ‘‘6 months’’ and Mr. LEAHY. Mr. President, I ask insert ‘‘1 year’’. RESOURCES Mr. BINGAMAN. Mr. President, I unanimous consent that the Com- SA 130. Mr. RISCH submitted an would like to announce for the infor- mittee on Foreign Relations be author- amendment intended to be proposed by mation of the Senate and the public ized to meet during the session of the him to the bill S. 23, to amend title 35, that a hearing has been scheduled be- Senate on March 1, 2011, at 10 a.m., to United States Code, to provide for pat- fore the Senate Committee on Energy hold a hearing entitled ‘‘Breaking the ent reform; which was ordered to lie on and Natural Resources. The hearing Cycle of North Korean Provocations.’’ the table; as follows: will be held on Thursday, March 10, The PRESIDING OFFICER. Without On page 38, strike line 17 and all that fol- 2011, at 9:30 a.m., in room SD–366 of the objection, it is so ordered. lows through page 53, line 12. Dirksen Senate Office Building. COMMITTEE ON RULES AND ADMINISTRATION The purpose of the hearing is to re- Mr. LEAHY. Mr. President, I ask SA 131. Mr. CARDIN submitted an ceive testimony on S. 398, a bill to unanimous consent that the Com- amendment intended to be proposed by amend the Energy Policy and Con- mittee on Rules and Administration be him to the bill S. 23, to amend title 35, servation Act to improve energy effi- authorized to meet during the session United States Code, to provide for pat- ciency of certain appliances and equip- of the Senate on March 1, 2011, at 10 ent reform; which was ordered to lie on ment, and for other purposes, and S. a.m. the table; as follows: 395, the Better Use of Light Bulbs Act. The PRESIDING OFFICER. Without On page 79, line 18, strike ‘‘AND MICRO ENTI- Because of the limited time available objection, it is so ordered. TIES.—’’ and insert ‘‘, MICRO ENTITIES, HBCUS, for the hearing, witnesses may testify COMMITTEE ON VETERANS’ AFFAIRS AND OTHER MINORITY-SERVING INSTITUTIONS.— by invitation only. However, those ’’ Mr. LEAHY. Mr. President, I ask On page 80, line 2, strike the period and in- wishing to submit written testimony unanimous consent that the Com- sert ‘‘and to any eligible institution defined for the hearing record may do so by mittee on Veterans’ Affairs be author- in section 371(a) of the Higher Education Act sending it to the Committee on Energy ized to meet during the session of the of 1965 (20 U.S.C. 1067q).’’. and Natural Resources, United States Senate on March 1, 2011. The com- Senate, Washington, D.C. 20510–6150, or mittee will meet in room 345 of the SA 132. Mr. CARDIN (for himself and by e-mail to AbigaillCampbell Cannon House Office Building begin- Ms. LANDRIEU) submitted an amend- @energy.senate.gov. ning at 2 p.m. ment intended to be proposed by him For further information, please con- The PRESIDING OFFICER. Without to the bill S. 23, to amend title 35, tact Al Stayman or Abigail Campbell. objection, it is so ordered. United States Code, to provide for pat- SELECT COMMITTEE ON INTELLIGENCE ent reform; which was ordered to lie on f Mr. LEAHY. Mr. President, I ask the table; as follows: AUTHORITY FOR COMMITTEES TO unanimous consent that the Select On page 20, strike line 11 and all that fol- MEET Committee on Intelligence be author- lows through ‘‘(iv)’’ on line 14, and insert the COMMITTEE ON ARMED SERVICES following: ized to meet during the session of the (iii) the effects of the change on small Mr. LEAHY. Mr. President, I ask Senate on March 1, 2011, at 2:30 p.m. business concerns owned and controlled by unanimous consent that the Com- The PRESIDING OFFICER. Without women, as that term is defined in section 3 mittee on Armed Services be author- objection, it is so ordered.

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AD HOC SUBCOMMITTEE ON CONTRACTING Act (20 U.S.C. 6301 et seq.) and through an- vise the Secretary-General on the implemen- OVERSIGHT nual appropriations for library and literacy tation of the commitment of the Govern- Mr. LEAHY. Mr. President, I ask programs; and ment of Sri Lanka to human rights account- unanimous consent that the Ad Hoc Whereas more than 50 national organiza- ability; Whereas the Government of Sri Lanka ex- Subcommittee on Contracting Over- tions concerned about reading and education have joined with the National Education As- pressed its commitment to addressing the sight of the Committee on Homeland sociation to designate March 2, the anniver- needs of all ethnic groups and has recog- Security and Governmental Affairs be sary of the birth of Theodor Geisel, also nized, in the past, the necessity of a political authorized to meet during the session known as Dr. Seuss, as a day to celebrate settlement and reconciliation for a peaceful of the Senate on March 1, 2011, at 10 reading: Now, therefore, be it and just society; a.m., to conduct a hearing entitled, Resolved, That the Senate— Whereas the United States Government ‘‘Examination of Public Relations Con- (1) designates March 2, 2011, as ‘‘Read has yet to develop a comprehensive United tracts at the General Services Admin- Across America Day’’; States policy toward Sri Lanka that reflects the broad range of human rights, national istration’s Heartland Region.’’ (2) honors Theodor Geisel, also known as Dr. Seuss, for his success in encouraging security, and economic interests; and The PRESIDING OFFICER. Without children to discover the joy of reading; Whereas progress on domestic and inter- objection, it is so ordered. (3) honors the 14th anniversary of ‘‘Read national investigations into reports of war f Across America Day’’; crimes, crimes against humanity, and other (4) encourages parents to read with their human rights violations during the conflict UNANIMOUS CONSENT children for at least 30 minutes on ‘‘Read and promoting reconciliation would facili- AGREEMENT—H.J. RES. 44 Across America Day’’ in honor of the com- tate enhanced United States engagement and mitment of the Senate to building a nation investment in Sri Lanka: Now, therefore, be Mr. SCHUMER. Mr. President, I ask of readers; and it unanimous consent that at 11 a.m. on (5) encourages the people of the United Resolved, That the Senate— Wednesday, March 2, the Senate pro- States to observe the day with appropriate (1) commends United Nations Secretary- ceed to the immediate consideration of ceremonies and activities. General Ban Ki-moon for creating the three- person panel to advise the Secretary-General H.J. Res. 44, the 2-week continuing res- f olution which was received from the on the implementation of the commitment SUPPORTING RECONCILIATION of the Government of Sri Lanka to human House and is at the desk; that the Sen- WITHIN SRI LANKA rights accountability; ate then proceed to a vote on the pas- (2) calls on the Government of Sri Lanka, sage of H.J. Res. 44, with no inter- Mr. SCHUMER. Mr. President, I ask the international community, and the vening action or debate; further, that unanimous consent the Senate proceed United Nations to establish an independent the cloture motion on the motion to to the immediate consideration of S. international accountability mechanism to proceed to Calendar No. 11, H.R. 359, be Res. 84, a resolution introduced earlier look into reports of war crimes, crimes vitiated. today by Senator CASEY. against humanity, and other human rights The PRESIDING OFFICER. Without The PRESIDING OFFICER. The violations committed by both sides during and after the war in Sri Lanka and to make objection, it is so ordered. clerk will report the resolution by title. recommendations regarding accountability; f (3) calls on the Government of Sri Lanka The assistant legislative clerk read to allow humanitarian organizations, aid READ ACROSS AMERICA DAY as follows: agencies, journalists, and international Mr. SCHUMER. Mr. President, I ask A resolution (S. Res. 84) expressing support human rights groups greater freedom of unanimous consent the Senate proceed for internal rebuilding, resettlement, and movement, including in internally-displaced reconciliation within Sri Lanka that are persons camps; and to the immediate consideration of S. necessary to assure a lasting peace. (4) calls upon the President to develop a Res. 83 which was submitted earlier There being no objection, the Senate comprehensive policy towards Sri Lanka today. proceeded to consider the resolution. that reflects United States interests, includ- The PRESIDING OFFICER. The Mr. SCHUMER. Mr. President, I ask ing respect for human rights, democracy and clerk will report the resolution by the rule of law, economic interests, and secu- the resolution be agreed to, the pre- title. rity interests. amble be agreed to, the motions to re- The assistant legislative clerk read f consider be laid upon the table, with no as follows: intervening action or debate, and any CONDEMNING VIOLATIONS OF A resolution (S. Res. 83) designating March statements be printed in the RECORD. HUMAN RIGHTS IN LIBYA 2, 2011 as ‘‘Read Across America Day.’’ The PRESIDING OFFICER. Without Mr. SCHUMER. Mr. President, I ask There being no objection, the Senate objection, it is so ordered. unanimous consent the Senate proceed proceeded to consider the resolution. The resolution (S. Res. 84) was agreed to the immediate consideration of S. Mr. SCHUMER. Mr. President, I ask to. Res. 85, which was introduced earlier unanimous consent the resolution be The preamble was agreed to. today. agreed to, the preamble be agreed to, The resolution, with its preamble, The PRESIDING OFFICER. The the motions to reconsider be laid upon reads as follows: clerk will report the resolution by the table, with no intervening action S. RES. 84 title. or debate, and any statements be print- Whereas May 19, 2010, marked the one-year The assistant legislative clerk read ed in the RECORD. anniversary of the end of the 26-year conflict as follows: The PRESIDING OFFICER. Without between the Liberation Tigers of Tamil A resolution (S. Res. 85) strongly con- objection, it is so ordered. Eelam (LTTE) and the Government of Sri demning the gross and systematic violations The resolution (S. Res. 83) was agreed Lanka; of human rights in Libya, including violent to. Whereas the Government of Sri Lanka es- attacks on protesters demanding democratic reforms, and for other purposes. The preamble was agreed to. tablished a Lessons Learned and Reconcili- The resolution, with its preamble, ation Commission (LLRC) to report whether There being no objection, the Senate reads as follows: any person, group, or institution directly or proceeded to consider the resolution. indirectly bears responsibility for incidents Mr. SCHUMER. Mr. President, I ask S. RES. 83 that occurred between February 2002 and the resolution be agreed to, the pre- Whereas reading is a basic requirement for May 2009 and to recommend measures to pre- amble be agreed to, the motions to re- quality education and professional success, vent the recurrence of such incidents in the consider be laid upon the table, with no and is a source of pleasure throughout life; future and promote further national unity intervening action or debate, and any Whereas the people of the United States and reconciliation among all communities; must be able to read if the United States is Whereas United Nations Secretary-General statements be printed in the RECORD. to remain competitive in the global econ- Ban Ki-moon appointed a panel of experts, The PRESIDING OFFICER. Without omy; including Marzuki Darusman, the former at- objection, it is so ordered. Whereas Congress has placed great empha- torney general of Indonesia; Yazmin Sooka, The resolution (S. Res. 85) was agreed sis on reading intervention and providing ad- a member of South Africa’s Truth and Rec- to. ditional resources for reading assistance, in- onciliation Commission; and Steven Ratner, The preamble was agreed to. cluding through the programs authorized in a lawyer in the United States specializing in The resolution, with its preamble, the Elementary and Secondary Education human rights and international law, to ad- reads as follows:

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Mr. President, I ask tacks on protesters demanding democratic and fair elections; unanimous consent that when the Sen- reforms, that have killed thousands of peo- (4) calls on the Gadhafi regime to imme- ate completes its business today, it ad- ple; diately release persons that have been arbi- journ until 9:30 a.m. on Wednesday, Whereas Muammar Gadhafi, his sons and trarily detained, to cease the intimidation, March 2; that following the prayer and supporters have instigated and authorized harassment and detention of peaceful protestors, human rights defenders and jour- the pledge, the Journal of proceedings violent attacks on Libyan protesters using be approved to date, the morning hour warplanes, helicopters, snipers and soldiers nalists, to ensure civilian safety, and to and continue to threaten the life and well- guarantee access to human rights and hu- be deemed expired, the time for the two being of any person voicing opposition to the manitarian organizations; leaders be reserved for their use later Gadhafi regime; (5) welcomes the unanimous vote of the in the day; that following any leader Whereas the United Nations Security United Nations Security Council on resolu- remarks, there be a period of morning Council and the international community tion 1970 referring the situation in Libya to business until 11 a.m. with Senators the International Criminal Court, imposing have condemned the violence and use of an arms embargo on the Libyan Arab permitted to speak therein for up to 10 force against civilians in Libya and on Feb- Jamahiriya, freezing the assets of Gadhafi minutes each, with the time equally di- ruary 26, 2011, the United Nations Security and family members, and banning inter- vided and controlled between the two Council unanimously agreed to refer the on- national travel by Gadhafi, members of his going situation in Libya to the International leaders or their designees, with the Re- family, and senior advisors; Criminal Court, impose an arms embargo on publicans controlling the first 30 min- (6) urges the Gadhafi regime to abide by the Libyan Arab Jamahiriya, including the utes and the majority controlling the United Nations Security Council Resolution provision of mercenary personnel, freeze the next 30 minutes, and the remaining 1970 and ensure the safety of foreign nation- financial assets of Muammar Gadhafi and als and their assets, and to facilitate the de- time until 11 a.m. equally controlled certain family members, and impose a travel parture of those wishing to leave the country and divided between the two leaders or ban on Gadhafi, certain family members and as well as the safe passage of humanitarian their designees, with the majority con- senior advisors; and medical supplies, humanitarian agencies trolling the final half; further, fol- Whereas Muammar Gadhafi has ruled and workers, into Libya in order to assist lowing morning business, the Senate Libya for more than 40 years by banning and the Libyan people; brutally opposing any individual or group proceed to the consideration of H.J. (7) urges the United Nations Security Res. 44, the 2-week continuing resolu- opposing the ideology of his 1969 revolution, Council to take such further action as may criminalizing the peaceful exercise of expres- be necessary to protect civilians in Libya tion, as provided for under the previous sion and association, refusing to permit inde- from attack, including the possible imposi- order; and, finally, upon disposition of pendent journalists’ and lawyers’ organiza- tion of a no-fly zone over Libyan territory; the CR, the Senate resume consider- tions, and engaging in torture and (8) welcomes the African Union’s con- ation of S. 23, the America Invents Act. extrajudicial executions, including the 1,200 demnation of the ‘‘disproportionate use of detainees killed in Abu Salim Prison in June The PRESIDING OFFICER. Without force in Libya’’ and urges the Union to take objection, it is so ordered. 1996; action to address the human rights crisis in Whereas Libya took formal responsibility Libya and to ensure that member states, for the terrorist attack that brought down particularly those bordering Libya, are in f Pan Am Flight 103 over Lockerbie, Scotland, full compliance with the arms embargo im- killing 270 people, 189 of whom were U.S. citi- posed by United Nations Security Council PROGRAM zens and high-ranking Libyan officials have Resolution 1970 against the Libyan Arab indicated that Muammar Gadhafi personally Jamahiriya, including the ban on the provi- Mr. SCHUMER. Mr. President, Sen- ordered the attack; and sion of armed mercenary personnel; ators should expect the first vote of the Whereas Libya was elected to the United (9) welcomes the decision of the United Na- day to begin at approximately 11 a.m. Nations Human Rights Council on May 13, tions Human Rights Council to recommend That vote will be on the passage of the 2010 for a period of 3 years, sending a demor- Libya’s suspension from the Council and alizing message of indifference to the fami- urges the United Nations General Assembly 2-week continuing resolution. Addi- lies of the victims of Pan Am flight 103 and to vote to suspend Libya’s rights of member- tional rollcall votes are expected to Libyan citizens that have endured repres- ship in the Council; occur throughout the day in relation to sion, arbitrary arrest, enforced disappear- (10) welcomes the attendance of Secretary the amendments to the America In- ance or physical assault in their struggle to of State Clinton at the United Nations vents Act. obtain basic human and civil rights: Now, Human Rights Council meeting in Geneva therefore, be it and 1) urges the Council’s assumption of a f Resolved, That the Senate— country mandate for Libya that employs a (1) applauds the courage of the Libyan peo- Special Rapporteur on the human rights sit- ple in standing up against the brutal dicta- uation in Libya and 2) urges the U.S. Ambas- ADJOURNMENT UNTIL 9:30 A.M. torship of Muammar Gadhafi and for de- sador to the United Nations to advocate for TOMORROW manding democratic reforms, transparent improving United Nations Human Rights governance, and respect for basic human and Council membership criteria at the next Mr. SCHUMER. Mr. President, if civil rights; United Nations General Assembly in New there is no further business to come be- (2) strongly condemns the gross and sys- York City to exclude gross and systematic fore the Senate, I ask unanimous con- tematic violations of human rights in Libya, violators of human rights; and sent that it adjourn under the previous including violent attacks on protesters de- (11) welcomes the outreach that has begun order. manding democratic reforms; by the United States Government to Libyan (3) calls on Muammar Gadhafi to desist opposition figures and supports an orderly, There being no objection, the Senate, from further violence, recognize the Libyan irreversible transition to a legitimate demo- at 6:32 p.m., adjourned until Wednes- people’s demand for democratic change, re- cratic government in Libya. day, March 2, 2011, at 9:30 a.m.

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BLACK HISTORY MONTH feat for Hispanics is a defeat for African Amer- ALAMOSA HIGH SCHOOL TRIBUTE icans. This is a unique moment in time to SPEECH OF make sure our voices are heard, that our HON. SCOTT R. TIPTON HON. SHEILA JACKSON LEE votes count, and that we as African Americans OF COLORADO OF TEXAS and Hispanics remain relevant. IN THE HOUSE OF REPRESENTATIVES As a Senior Member of the House Judiciary IN THE HOUSE OF REPRESENTATIVES Committee, Immigration Policy and Enforce- Tuesday, March 1, 2011 Monday, February 28, 2011 ment Subcommittee, I see a barrage of immi- Mr. TIPTON. Mr. Speaker, I rise today to Ms. JACKSON LEE of Texas. Mr. Speaker, gration hearings that embody a shameless at- recognize the Alamosa High School wrestling as the Congresswoman for 18th Congres- tempt to pit Hispanics against African Ameri- team and coach Gary Ramstetter. Alamosa’s sional District of Texas, I rise with great pride cans. This is an outrage! We must not take Mean Moose claimed their first Class 3A state to commemorate this recognition of Black His- the bait. The vast majority of economists, and wrestling title, with eight wrestlers placing in tory Month. African Americans from Texas like all of the most recent research in the area, the top four and an individual title won by the pugilist Jack Johnson, the pioneer Bessie confirm that immigrants actually improve the Darin Sisneros. It was Mr. Ramstetter’s eighth Coleman, Congresswoman Barbara C. Jordan, job prospects of U.S. workers. The truth is state title with the school, and earned him Congressman Mickey Leland, and African that, in general, African-Americans and other Coach of the Year honors. Americans from all across this nation have minorities actually benefit from Immigration. Alamosa finished the tournament with a contributed greatly to the rich history of the Comprehensive immigration reform that pro- commanding 178 points, the closest compet- United States; a country we love so dearly. vides a fair path to citizenship combined with itor scoring only 1221⁄2. The victory represents I am especially grateful to be among my col- investments in our businesses, and investment a true team effort with every wrestler fighting leagues in the Congressional Black Caucus as in our education and job training programs are for every point. Mr. Sisneros’ individual title is we do our best to honor those who came be- the only solution. Draconian spending cuts to also the 48th won by a student during coach fore us and strive to make this country a bet- these programs and dredging up racial scape- Ramstetter’s 30 year tenure, a testament to ter place for all Americans through our work goats are not the solution. the hard work and motivation of both men. here in Congress, back home in our districts As a member of the Congressional Black Mr. Speaker, I congratulate Alamosa’s wres- and all across this great nation. As we do so, Caucus, I take pride in my work with the Con- tling team and their legendary coach. Under we must remember that we are part of the gressional Hispanic Caucus and serve as an his expert guidance, I have no doubt that great diversity of citizens that make up the enthusiastic liaison between the two caucuses. Alamosa can win many more state titles and fabric of this nation and we must, as African As I do so, I am reminded of how my prede- continue its legacy of success both in the Americans, remember to reach out to all cessor Congressman Mickey Leland reached classroom and on the mat. Americans from every race, creed, and color out to work with Cesar Chavez as he strug- f for the common purpose of leaving our coun- gled for better working conditions and dignity try better than we found it for our children and for Hispanic workers. He saw the importance TRIBUTE TO MAURA PAT KELLY their children’s children. of our communities working together in his day This morning I had the privilege of speaking and I see it now in mine. African Americans HON. TIMOTHY H. BISHOP in Austin, Texas, before the Texas Legislative endured the injustice of slavery and servitude OF NEW YORK Black Caucus at its Legislative Summit. Being and we must remember that history repeats; IN THE HOUSE OF REPRESENTATIVES sometimes it just visits another community in there in the Capitol built by slaves and speak- Tuesday, March 1, 2011 ing before that audience made me realize that the process. We must cast our fate together. we have a reason to celebrate our heritage To remain relevant, we must commit right Mr. BISHOP of New York. Mr. Speaker, I and our contributions to this great nation. My here and right now to embracing and working rise to recognize the long and distinguished speech was about African Americans remain- with our Hispanic brothers and sisters. Truth career of a good friend and public servant of ing relevant in these changing times. Today as be told, our plight is the same and shared this House, Mrs. Maura ‘‘Pat’’ Kelly. Pat’s we bring Black History Month to a close, I progress is our common cause. As Malcolm X roots in our home state of New York run as would like to reflect on the many reasons to said ‘‘We are not fighting for integration, nor deep as the mark she leaves on this institution celebrate and I issue a call for all of my col- are we fighting for separation. We are fighting after fifty-three years of service. I was honored leagues to be their best for our country as we for recognition as human beings. We are fight- to attend Pat’s retirement ceremony last continue our legislative work in this chamber. ing for human rights.’’ month and at which our distinguished chap- We have reason to celebrate our heritage: In closing, I invoke the words of Dr. Martin lain, the Reverend Daniel P. Coughlin, deliv- We are relevant. Luther King, Jr., truly spoke of remaining rel- ered the following prayer that I proudly submit Barbara C. Jordan knew the importance of evant when he said ‘‘I have a dream that my on his behalf. remaining relevant when she recited from the four little children will one day live in a nation PRAYER FOR PAT KELLY’S RECEPTION preamble to the Constitution and said: ‘‘ ‘We where they will not be judged by the color of TUESDAY, FEBRUARY 15, 2011, REV. DANIEL P. the people.’ It is a very eloquent beginning. their skin, but by the content of their char- COUGHLIN But when the document was completed . . . I acter.’’ Today, we are closer to achieving that Holy Triune God, Father, Son and Holy was not included in ‘We the People.’ I felt dream. We are relevant. We are ‘‘pertinent to Spirit, with all the angels and saints we somehow for many years that George Wash- the matter at hand.’’ And it is by working to- praise You, with all the Irish legends and ington and Alexander Hamilton just left me out gether with our Hispanic brothers and sisters leprechauns we stand before You. that we will remain relevant. As we celebrate the life and service of by mistake. But through the process of Maura ‘‘Pat’’ Kelly this day, we do so with amendment, interpretation and court decision I f honor and humor, memories and best wishes. have finally been included in ‘‘We, the peo- PERSONAL EXPLANATION To this noble institution throughout the ple.’ ’’ years she has always brought a feminine As redistricting hits full stride this year and touch, a New York touch, and a touch of the the Texas legislature conducts the redrawing HON. MICHAEL G. GRIMM Irish. OF NEW YORK of congressional districts, we the people, We thank You, Lord, for giving her years IN THE HOUSE OF REPRESENTATIVES of health and happiness, work and col- Black and Brown Texans alike, must stand to- Tuesday, March 1, 2011 leagues, bosses and crosses, as well as love of gether and be represented! Our vote must this institution of Congress inherited from count. Our candidates must be elected. For Mr. GRIMM. Mr. Speaker, on rollcall No. 92 her mother, ever changing through the years our cause is the same. A defeat for African I inadvertently voted ‘‘no.’’ I intended to vote and never fully understood or appreciated by Americans is a defeat for Hispanics and a de- ‘‘yes.’’ the American people she served.

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

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.001 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E382 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2011 May the daily public service hardly no- various military support duties. Overall, during HONORING THE CONGRESSIONAL ticed, now be duly rewarded. Grant her en- the war the Civil Air Patrol undertook tens of SERVICE OF PAT KELLY ergy and peace, friendship and satisfaction thousands of missions and logged hundreds of for years to come. thousands of flight hours in defense of our As she takes leave of us, may she find even HON. JAMES P. MORAN greater love and faith around every bend in country. OF VIRGINIA the road ahead. As long as she keeps smiling The Civil Air Patrol’s WWII service came at the world will smile back at her. And she the high cost of 64 fatalities and 150 aircraft IN THE HOUSE OF REPRESENTATIVES shall never be forgotten or walk alone, Lord. lost. Indeed, the courage and sacrifice of the Tuesday, March 1, 2011 For Your smile will forever call her upward estimated 200,000 civilians in the Civil Air Pa- and onward even though she has stolen from trol exemplifies the spirit and dedication of an Mr. MORAN. Mr. Speaker, I rise today to us all, Lord. As the old tune tells it: her Irish honor Maura Patricia Kelly on her retirement eyes have stolen our hearts away. entire generation who were willing to risk their lives for America and the cause of freedom. as a congressional aide after an astounding f In recognition of this remarkable volunteer 53 and 1/2 years of decorated service. AWARDING A CONGRESSIONAL service and commendable record, H.R. 719 Patricia Kelly was born on June 5, 1934 in GOLD MEDAL TO THE WORLD will award a single gold medal collectively in Brooklyn, New York. She is the daughter of WAR II MEMBERS OF THE CIVIL honor of the WWII members of the Civil Air Edward Kelly, a New York City Court Justice, AIR PATROL Patrol. and Edna F. Kelly, a former Member of the I urge my colleagues to join me in honoring United States House of Representatives. ‘‘Pat’’ HON. BOB FILNER the valuable wartime service rendered by the as she is affectionately known, describes her civilian volunteers of the Civil Air Patrol by childhood as an exciting and loving time. As OF CALIFORNIA supporting this legislation. she made her way from the Marymount High IN THE HOUSE OF REPRESENTATIVES School in New York City to Marymount Col- Tuesday, March 1, 2011 f lege in Tarrytown, New York, Pat learned the importance of receiving a quality education. Mr. FILNER. Mr. Speaker, I recently reintro- PERSONAL EXPLANATION She graduated with honors in 1955 with a duced H.R. 719, which will award a Congres- bachelor’s degree in Political Science and His- sional Gold Medal to the World War II mem- tory. bers of the Civil Air Patrol. HON. JIM JORDAN During World War II, the volunteer members Pat’s family has a long history of public OF OHIO service that started with her grandfather, Wil- of the Civil Air Patrol—civilian men and IN THE HOUSE OF REPRESENTATIVES women ranging in age from 19 to 81—pro- liam E. Kelly, who was appointed by President vided extraordinary public and combat serv- Tuesday, March 1, 2011 Woodrow Wilson to be Postmaster of Brook- lyn, New York. After college, Pat quickly joined ices at a critical time of need for the nation. Mr. JORDAN. Mr. Speaker, I was absent Civil Air Patrol members used their own air- the family business, getting her feet wet in pol- from the House Floor during last night’s rollcall itics by helping her mother, Edna, get elected craft to perform a myriad of essential tasks for votes on H.R. 394, H.R. 347, and H.R. 368. the military and the entire country, including to the congressional district that represented Had I been present, I would have voted in Brooklyn, New York. Pat began her congres- attacks on enemy submarines off the Atlantic favor of each of those bills. coast and the Gulf of Mexico. sional career as a research analyst for the House Committee on Un-American Activities The Civil Air Patrol was established on De- f cember 1, 1941, one week before the attack and shortly thereafter, began her service as a on Pearl Harbor. After performing exemplary MOGOTE CHURCH TRIBUTE legislative assistant to Members of Congress service in WWII, the Civil Air Patrol was char- Edna F. Kelly, Martha W. Griffiths, and Mat- tered by Congress as a non-profit, public serv- thew F. McHugh. Pat then assumed the role ice organization and in 1948 as the Auxiliary HON. SCOTT R. TIPTON of legislative assistant to the House Rules of the United States Air Force. OF COLORADO Committee. In 1979, Pat took the position of The Civil Air Patrol was initially mobilized in IN THE HOUSE OF REPRESENTATIVES Editor of the House Daily Digest, in the Office of the Clerk, where she was required to inter- response to a massive German Navy sub- Tuesday, March 1, 2011 marine offensive off the east coast of the act regularly with it’s 21 standing committees United States that targeted oil tankers and Mr. TIPTON. Mr. Speaker, I would like to and two select committees. Pat held this posi- other critical shipping. take this opportunity to recognize the Mogote tion until her retirement on March 1, 2011— As 52 tankers were sunk by enemy sub- Church, Margie Garcia and the committee re- becoming one of the longest serving employ- marines between January and March 1942 sponsible for the church’s restoration. They ees ever to work for the U.S. House of Rep- alone, neither the Navy nor Army had suffi- were presented the Stephen H. Hart Award resentatives. cient resources to patrol and protect the coast- from the Colorado Historical Society this year Pat cites her mother Edna as the catalyst line—threatening the entire war effort. for their efforts to repair the historic landmark. behind her decision to devote her life to public The Civil Air Patrol Coastal Patrol undertook The Mogote Church was erected in 1895 by service. When asked about her mother, Pat the challenge of protecting our sea lanes and a group of Presbyterian missionaries and local often uses words like: hard working, pas- supporting the military’s efforts at this critical Hispanic residents. Despite the risk of excom- sionate, honest, dedicated, principled and al- time. From March 1942 until August 1943, munication by the Catholic Church, they still ways congenial. Pat says that many members more than 40,000 volunteers at 21 Civil Air founded a new congregation in Colorado’s and staff in the House often referred to her Patrol bases stretching from Maine to Texas San Luis Valley. It fell into disrepair, however, mother as ‘‘Madam Protocol.’’ Everyone who coordinated thousands of patrols, investiga- and ceased to provide services by 1965. After knows Pat knows that ‘‘the apple did not fall tions, and convoy missions. years of increasing dilapidation, the campaign far from the tree.’’ Pat and her mother not only Heroic Civil Air Patrol Coastal Patrol air- to restore the church began in 1999. With over loved the House but they loved helping people crews were responsible for attacking 57 sub- a decade of work put into the project, it was in and outside it. marines—destroying or damaging two—as completed, and once again became a func- In 1976, Pat was named Roll Call’s ‘‘Con- well as reporting nearly 200 submarine posi- tioning church. Hundreds of descendants of gressional Staffer of the Year.’’ That same tions, 17 floating mines, and 91 vessels and the original parishioners traveled to the church year she was chosen as the President of the 363 survivors in distress. to attend the reopening and celebrate a histor- Congressional Staff Club. More recently, she In addition to the work of its Coastal Patrol, ical Colorado landmark. was honored for her years of outstanding the Civil Air Patrol also established itself as a It is my hope that the efforts taken by this service to the House. Over her career, Pat vital wartime service to the military, states, church’s community inspire others to take the was fortunate to work on many pieces of land- and communities across the nation. same initiative in their own. The Mogote mark legislation including the Equal Pay Act These brave volunteers engaged in an im- church will represent the actions of a proud and the Equal Rights Amendment. pressive array of missions including border pa- community for years to come and as such, Mr. We wish Pat well in retirement and will al- trol, forest fire patrol, courier flights for mail Speaker, I feel it is fitting that this body recog- ways remember her efforts to make this insti- and urgent deliveries, emergency transpor- nizes those who took charge in restoring a tution run more efficiently in the service of the tation of personnel, search and rescue, and Colorado landmark. American people.

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.004 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 1, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E383 IN CELEBRATION OF BEATRICE translated to his undergraduate pursuits as Mr. RAY WRIGHT AND DOUG SHRIVER COHEN’S 100TH BIRTHDAY Brunner inspires those around him to achieve TRIBUTE their best by striving towards perfection him- HON. GARY L. ACKERMAN self. HON. SCOTT R. TIPTON OF NEW YORK Mr. Speaker, I join the U.S. Air Force Acad- OF COLORADO IN THE HOUSE OF REPRESENTATIVES emy in recognizing Brett Brunner for his out- IN THE HOUSE OF REPRESENTATIVES standing achievements and quiet leadership at Tuesday, March 1, 2011 Tuesday, March 1, 2011 one of the country’s top institutions. Mr. TIPTON. Mr. Speaker, I would like to Mr. ACKERMAN. Mr. Speaker, I rise today f to celebrate the 100th birthday of Beatrice Isa- take this opportunity to recognize Ray Wright bel Cohen, the pride of New York State. PERSONAL EXPLANATION and Doug Shriver of Alamosa, Colorado, for Born on February 24, 1911, in Bronx, New their agricultural, educational and commercial York, Bee grew up with a deep love and ap- HON. BLAKE FARENTHOLD efforts to conserve and protect the state of preciation for her family, community and coun- OF TEXAS Colorado. Both men recently passed away try. Forced to obtain employment as a teen- IN THE HOUSE OF REPRESENTATIVES due to a tragic accident, a loss for both my ager due to the loss of her father, she secured Tuesday, March 1, 2011 state and this country. Doug Shriver served on a number of boards a job with a women’s coat manufacturer at the Mr. FARENTHOLD. Mr. Speaker, on rollcall age of 16 to help support her family, while and committees while he simultaneously vol- Nos. 148, 149, and 150, I missed the vote due unteered for other commissions. Among other also excelling as a champion amateur hand- to transportation delays. Flights out of Corpus ball player. Five years later, she married her pursuits, he was the vice chair of the Rio Christi were delayed, causing me to miss my Grande Roundtable, the director and president boss, Max Cohen, and continued to work by connect in Houston. his side for more than 50 years. Bee and Max of the Rio Grande Water Users Association as Had I been present, I would have voted well as director of the Lariat Ditch Company. raised two sons, Joseph and Ronald. ‘‘yes.’’ Friends and family of Bee would tell you He also served as a board member for the that she always looks at the good in people. f Colorado Ground Water Commission. Her uplifting attitude is contagious, and has NEVER FORGET OUR VIETNAM Ray Wright was also integral in conservation spread to her family, friends and neighbors— VETERANS in Colorado and an avid supporter of the many of whom, and their parents, were not State’s agri-business. Mr. Wright was a long- even born when Bee moved into her current HON. BOB FILNER time farmer and leader in the effort to protect apartment on the West Side of Manhattan water rights. One of his most important con- OF CALIFORNIA tributions was developing a locally controlled shortly after World War II. IN THE HOUSE OF REPRESENTATIVES In Bee’s 100 years, she has lived through mechanism designed to protect water rights. some of the most precariously challenging, ex- Tuesday, March 1, 2011 It’s success translated to much larger districts ultant and remarkable eras. Yet, she has al- Mr. FILNER. Mr. Speaker, I have just re- as well, and ensures Colorado’s future water ways kept up with the culture of the times. As introduced legislation intended to honor the rights. In memory of both men, their colleagues a child, she listened to a crystal radio; today service and sacrifice of many of the members created The Shriver/Wright Agricultural En- she views international programming on a of the United States Armed Forces who fought dowment, which supports the agri-business plasma television with stereo sound. She has in Vietnam, the ‘‘In Memory Medal for Forgot- program at Adams State College in Alamosa. been a pillar of reliability to her entire family ten Veterans Act’’ (H.R. 540). The endowment provides scholarships and by showing love, warmth and guidance to her Those so recognized are veterans who have other forms of support for the school. Water two sons, two grandsons and their wives, five died as a result of their service in the Vietnam rights will continue to be a vital issue in the great-grandchildren, and her many nieces and war but who do not meet the criteria for inclu- Southwest part of the country and the work nephews. sion on The Wall of the Vietnam War Memo- done by Mr. Wright, Mr. Shriver and the young For her devotion to her family and her coun- rial in Washington, DC. The Vietnam Veterans people who follow them will be of great impor- try, I ask my colleagues in the United States Memorial Fund has a program called ‘‘In Memory’’ which has raised money for a plaque tance. House of Representatives to please rise and Given the invaluable contributions Doug join me in honoring Beatrice Isabel Cohen on that has been placed near The Wall. The plaque honors ‘‘those who served in the Viet- Shriver and Ray Wright made to the state of the occasion of her 100th birthday. Colorado, I feel it is fitting that this body rec- f nam War and later died as a result of their service.’’ No names are on the plaque, but all ognizes them for their lifetime of service. BRETT BRUNNER TRIBUTE names are kept in the ‘‘In Memory Book’’ at a f kiosk near The Wall, and families can order a INTRODUCTION OF A BILL TO CON- HON. SCOTT R. TIPTON copy. VERT THE FOURTH TEMPORARY OF COLORADO My bill adds to this recognition by pre- JUDGESHIP FOR THE DISTRICT IN THE HOUSE OF REPRESENTATIVES senting the families of these veterans with a OF HAWAII TO PERMANENT medal, to be known as the ‘‘Jesus (Chuchi) Tuesday, March 1, 2011 JUDGESHIP STATUS Salgado Medal’’ to be issued by the Secretary Mr. TIPTON. Mr. Speaker, I rise today to of Defense. Chuchi Salgado was an out- HON. MAZIE K. HIRONO recognize Brett Brunner of Dolores, Colorado, standing individual who lived in my congres- OF HAWAII for his exceptional performance as a cadet of sional district, whose exposure to Agent Or- IN THE HOUSE OF REPRESENTATIVES the United States Air Force Academy. Mr. ange ultimately led to his death. His relatives Brunner recently was named the Cadet Wing continue to live in my district. Tuesday, March 1, 2011 Outstanding 3rd Class Cadet of Fall Semester Because of the boundaries that have been Ms. HIRONO. Mr. Speaker, I rise today to 2010, which is awarded to the most impres- set for the names to be placed on The Wall, reintroduce a bill that would convert the fourth sive cadet for each class. Academics, athletics Chuchi and many, many other Vietnam vet- temporary judgeship for the District of Hawaii and military duties are all considered before erans are not honored in this manner. Now, to permanent judgeship status. the recipient is selected from a list of about with new veterans coming back from Iraq and The fourth temporary judgeship for the Dis- 1,200 cadets. Afghanistan, we are all taking a second look trict of Hawaii was created in 1990 by Public Mr. Brunner excelled in every category. He and a closer look at how veterans from past Law 101–650. Although the judges appointed owns a 3.8 GPA as a civil engineering major wars have been treated. While we must care to temporary judgeships have lifetime appoint- at the Academy. In addition, he is on the sky- for our newest veterans, we must also take ments, legislation creating temporary judge- diving team working towards a jump master this opportunity to do right by veterans of Viet- ships usually specifies that the first vacancy in position so that he can teach others how to nam, along with those of other past wars and the district cannot be filled after a certain date. skydive. Physically, he is also a top performer, conflicts. In the 1990 bill, this time frame was deter- missing out on a perfect score by mere points. I invite my colleagues to join with me in mined to be ten years after each temporary As a high school baseball and wrestling star honoring these veterans. It is critical that we judgeship was filled. That meant that Hawaii he showed the capacity for leadership at a remember those who have fought so gallantly could not fill a temporary vacancy occurring young age. His ability to lead has clearly and sacrificed their lives for our freedom! after October 2004.

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.008 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E384 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2011 Currently, the District of Hawaii has four ac- LUIS NAZARIO TRIBUTE through the Department’s ranks, Geraldine tive judges. However, if any of these judges eventually became Director of the Department become inactive, by taking senior status or HON. SCOTT R. TIPTON of Redevelopment. On February 14, 2003, otherwise, the district will not be able to re- OF COLORADO Geraldine was recognized by former Mayor place that judge because of the ten-year limi- IN THE HOUSE OF REPRESENTATIVES Scott King for her commitment to the people tation, which has long passed. This would of Gary as he appointed her Deputy Mayor of place a great burden on not only the three re- Tuesday, March 1, 2011 the city of Gary. maining active judges, but also on the litigants Mr. TIPTON. Mr. Speaker, I rise today to Impressively, Geraldine has worked for themselves, especially civil litigants. Due to commend Luis Nazario of Pueblo, Colorado, seven mayors during her 50 years of service the right to speedy trial, felony cases regularly for pioneering the use of technology in edu- to the city: George Chacharis, my father John bump civil trials off the calendar, leading to cation. Mr. Nazario became a leader among Visclosky, A. Martin Katz, Richard G. Hatcher, long delays to get to court for civil litigants. Colorado’s community colleges and online Thomas Barnes, Scott King, and current Civil cases include disputes involving personal education programs before use of the internet Mayor Rudy Clay. Throughout her many years injury, civil rights, the environment, business, for teaching purposes was popular. of service, Geraldine has accomplished many and other non-criminal matters. As an English teacher, Mr. Nazario has impressive tasks, including handling the man- I look forward to working with my colleagues been commended not only by his school, agement and demolition of structures attained on this and other initiatives that will address Pueblo Community College, but also by the in other city agencies and computerizing the our need for additional federal judgeships Colorado Community College System at large. city’s utility billings and payments. across the country. Students have broader access to educational tools both in the classroom and online in large Today, Geraldine is 71 years young and has Mahalo nui loa (thank you very much). part because of his efforts. Colorado stresses no plans to retire anytime soon. Geraldine has the importance of education for all of its citi- said, ‘‘I hope my 50 years with the city of Gary f zens and Mr. Nazario is an example of inno- have been a role model for other employees.’’ vation in that pursuit. Without a doubt, she has been just that. PROVIDE SUPPORT TO MEMBERS Mr. Nazario graduated from Inter American Mr. Speaker, Deputy Mayor Geraldine OF THE IRANIAN BAHA’I COMMU- University in Puerto Rico with a degree in Tousant has always given her time and efforts NITY English Literature. He emigrated to the United selflessly and has truly been an inspiration to States to receive his master’s degree as a so many people throughout the years. We teacher of English to other languages from have all been enriched because of her lifetime HON. JERRY F. COSTELLO New York University. He then moved to Colo- commitment serving others, particularly those OF ILLINOIS rado to begin teaching in the state’s commu- most in need. I respectfully ask that you and my other distinguished colleagues join me in IN THE HOUSE OF REPRESENTATIVES nity college system. Mr. Nazario continues to teach English and foster learning among stu- commending Geraldine on her 50 years of Tuesday, March 1, 2011 dents who speak English as a second lan- service to the city of Gary. guage in Colorado. Mr. COSTELLO. Mr. Speaker, I rise today in Mr. Speaker, I am honored to recognize f support of international religious freedom and Luis Nazario for his exceptional commitment to voice my concern for the seven Baha’i lead- to the emerging presence of technology in CELEBRATING 100TH ANNIVER- ers, known as the Yaran, who were unjustly education. I thank him for dedicating himself to SARY OF ANNA MARIA PIER convicted by the Iranian regime and sen- education and reaching out to Colorado’s tenced to 10 years in prison for their religious youth. beliefs. f HON. VERN BUCHANAN As documented by years of reported abuse OF FLORIDA and discrimination by the U.S. State Depart- RECOGNIZING DEPUTY MAYOR IN THE HOUSE OF REPRESENTATIVES ment, the United Nations, and other inter- GERALDINE TOUSANT national organizations, government respect for Tuesday, March 1, 2011 religious freedom and human rights in Iran is HON. PETER J. VISCLOSKY steadily declining. According to the State De- OF INDIANA Mr. BUCHANAN. Mr. Speaker, I rise today partment’s 2010 International Religious Free- IN THE HOUSE OF REPRESENTATIVES to celebrate the 100th anniversary of the con- struction of the Anna Maria Pier in Florida’s dom report, since the 1979 Islamic Revolution Tuesday, March 1, 2011 over 200 Baha’is have been killed, many have 13th Congressional District. Mr. VISCLOSKY. Mr. Speaker, I am hon- been imprisoned, and thousands more have In 1911, Will Bean, the son of the first Anna ored to stand before you and my colleagues faced regular discrimination and public admon- Maria Island homesteader, George Emerson, today to recognize Deputy Mayor Geraldine ishment by the Iranian government. had a 776 foot pier constructed by the Anna Tousant. Geraldine has served the city of Maria Beach Development Company at the Government rhetoric and actions create an Gary for many years and for her efforts, she foot of Pine Avenue. oppressive environment for religious minorities was honored at an event celebrating her 50 in Iran, particularly the Baha’i, and instances years of service to the city on Saturday, Au- The pier has been in continuous use since such as the incarceration of the Yaran provide gust 14, 2010, at the Gary City Hall. Her com- then by hundreds of thousands of residents, ample evidence of this. As a member of the plete dedication and endless enthusiasm put fishermen, boaters and tourists. In fact, the Tom Lantos Human Rights Commission, my forth toward her community have allowed her pier has been named the number one tourist colleagues and I have worked to bring atten- the opportunity to enrich the lives of countless attraction in Manatee County by the Bradenton tion to these injustices and hold human rights people. Area Convention and Visitors Bureau. violators accountable. The Iranian Baha’i are Geraldine was born in Ensley, Alabama, In 1928, the pier was acquired by the City deeply devoted to peace and unity and their and moved to the city of Gary when she was of Anna Maria, which provides for its mainte- bravery in the face of injustice encourages three years old. She graduated from Gary nance. others to work for universal human rights. Roosevelt High School in 1957, and soon after In 2008, the Anna Maria City Commission Mr. Speaker, the U.S. government and the married the late Marshall Tousant. The couple designated the pier as an historic structure international community must continue to was happily married for nearly 51 years. Ger- and added the pier to the Florida Master Site speak out against these oppressive acts. I call aldine has three children and is the proud File. on my colleagues in Congress to join me in grandmother of five. Amidst her time in office, denouncing the imprisonment of the Yaran Geraldine courageously battled breast cancer, This year, the Mayor of the City of Anna and partner with the international community and I am happy to report that she is a twenty- Maria proclaimed May 14, 2011, as the Cen- to insist Iran release these individuals, year cancer survivor. tennial Celebration Day to commemorate the strengthen the basic rights of their citizens, Geraldine began her service to the city of 100th anniversary of the Anna Maria City and provide an environment in which individ- Gary in 1960 at the age of twenty-one. She Pier’s construction. uals can express their religion without fear of started out as a clerk-typist in the city’s De- I join the City of Anna Maria in the centen- persecution or intimidation. partment of Redevelopment. Working her way nial celebration of this important landmark.

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.011 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 1, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E385 PERSONAL EXPLANATION and maintaining’’ their programs. Through Terrell Lions Club provides the communities in these grants, States will be given resources to Kaufman County, Texas. HON. ROSA L. DeLAURO help prevent patients from doctor shopping Lions Club International was founded in and abusing prescription drugs. This also will OF CONNECTICUT 1917 in Chicago to aid the blind and visually help to ensure that appropriate law enforce- impaired. The Terrell Lions Club was founded IN THE HOUSE OF REPRESENTATIVES ment, regulatory and State professional licens- on February 28, 1921 and was one of the first Tuesday, March 1, 2011 ing authorities have access to prescription his- chartered in Texas. tory information for the purposes of inves- Ms. DELAURO. Mr. Speaker, I was unavoid- tigating drug diversion and errant prescriber/ Since that time, the Terrell Lions Club cre- ably detained and so I missed the rollcall vote pharmacist prescribing and dispensing prac- ated the Lions Club Park in 1948 on sixteen on amendment 548 to ‘‘H.R. 1—Fiscal Year tices. acres of land for the National Guard Armory, Continuing Appropriations Act for FY2011.’’ I urge my colleagues to join me in sup- as well as two community tennis courts. Had I been present, I would have voted ‘‘no.’’ porting this vital piece of legislation and to The Terrell Lions work to eradicate blind- Additionally, I inadvertently cast a ‘‘no’’ vote push for swift passage in the House. ness by providing free vision screenings, eye during the rollcall vote on amendment 94 to f examinations and glasses for the needy, as ‘‘H.R. 1—Fiscal Year Continuing Appropria- well as promoting the Lions Eye Bank. tions Act for FY2011.’’ I would like to change INDIAN AMERICAN CULTURAL Lions contribute time, talent and resources my vote on the amendment to ‘‘yea.’’ CENTER 9TH ANNIVERSARY to the Texas Lions Club Camp in Kerrville, f which provides free residential camping expe- HON. PETER J. VISCLOSKY riences for children with physical disabilities, NATIONAL ALL SCHEDULES PRE- OF INDIANA Type 1 diabetes and cancer. SCRIPTION ELECTRONIC RE- PORTING ACT (NASPER) IN THE HOUSE OF REPRESENTATIVES This organization provides an invaluable Tuesday, March 1, 2011 service to those in the community who truly need assistance. Over the years, thousands of Mr. VISCLOSKY. Mr. Speaker, it is my dis- HON. ED WHITFIELD individuals and families have been blessed by tinct pleasure to announce that the Indian OF KENTUCKY the men and women of the Terrell Lions Club. American Cultural Center of NWIHRC will be IN THE HOUSE OF REPRESENTATIVES celebrating its 9th anniversary by hosting a As the Congressman for the Fifth District of Tuesday, March 1, 2011 gala dinner and banquet on Saturday, March Texas, I am pleased today to recognize the 5, 2011, at the Halls of Saint George, in Terrell Lions Club for their 90 years of service Mr. WHITFIELD. Mr. Speaker, I rise today to Kaufman County. To all the men and to speak about legislation I have introduced Schererville, Indiana. The Indian American Cultural Center, which women who give of their time and efforts so that will reinforce our Nation’s commitment to generously, on behalf of all the constituents of combating prescription drug abuse by reau- opened on March 9, 2002, was established with the following goal in mind: to foster peace the Fifth District, I would like to extend our thorizing the National All Schedules Prescrip- most sincere gratitude. tion Electronic Reporting Act, NASPER, for and harmony amongst the people of North- west Indiana by showcasing their cultural her- three additional years. itage and creating spiritual awareness in both On August 11, 2005, NASPER was signed f youth and adults, as well as to engage in var- into law to assist States in combating prescrip- ious charitable events, both nationally and lo- HONORING ITASCA FIRE CHIEF tion drug abuse of controlled substances, cally. Since its inception, the Indian American JAMES D. MACARTHUR through prescription drug monitoring pro- Cultural Center has been instrumental in edu- grams, PDMPs. NASPER is administered by cating Northwest Indiana’s citizens on the tra- the Department of Health and Human Serv- ditions and customs of the Indian heritage. HON. PETER J. ROSKAM ices, HHS, and provides grants to States to The members of the Indian American Cul- OF ILLINOIS establish and improve prescription drug moni- tural Center of NWIHRC are to be com- IN THE HOUSE OF REPRESENTATIVES toring programs. mended, not only for their commitment to pre- Just last week, the head of the Office of Na- serving tradition, but also for their commitment Tuesday, March 1, 2011 tional Drug Control Policy, ONDCP, Gil to making improvements that benefit all man- Kerlikowske, embarked on a three-day visit to kind. Proceeds from this year’s gala, which Mr. ROSKAM. Mr. Speaker, I am pleased to Kentucky where he saw firsthand the signifi- throughout the years has demonstrated the rise today in recognition of the long and distin- cant problems with prescription pill abuse, an immense generosity of its attendees and orga- guished service of James D. MacArthur on the issue many in my district struggle with. It’s es- nizers, will go to support the Carmelite Home occasion of his retirement. On March 31st of timated that 82 Kentuckians die each month for Girls. In the past, proceeds from the gala this year, Mr. MacArthur will conclude his loyal as a result of overdoses. Nationwide there have gone to such noble causes as cancer re- service as Fire Chief of the Itasca Fire Protec- were more than 27,000 deaths from prescrip- search, educational scholarships, the Amer- tion District. tion drug overdoses in 2007, a number that ican Red Cross, and tsunami relief, as well as Chief MacArthur has served the community has risen five-fold since 1990. These statistics to victims of Hurricane Katrina and the earth- for a total of 38 years, including 8 years as are unacceptable and a testament that more quake in Kashmir, India. Fire Chief of the Itasca Fire Protection District must be done. Mr. Speaker, I ask that you and my other No. 1 and 15 years as Fire Chief of the Elk While Kentucky has made great strides distinguished colleagues join me in com- Grove Village Fire Department. through its PDMP and collaboration between mending the board and members of the Indian Throughout his career, his extraordinary the public and private sector, illicit drugs con- American Cultural Center of NWIHRC for their leadership has earned him great respect tinue to flow across our borders from States outstanding contributions to society. Their among colleagues and members of the com- without PDMPs, such as Florida. Last commitment to improving the quality of life for munity. He has held many noteworthy posi- Wednesday, law enforcement officials from the the people of Northwest Indiana and through- tions, including President of the Illinois Fire U.S. Drug Enforcement Administration, DEA, out the world is truly inspirational and should Chiefs Association and the Metropolitan Fire conducted a massive raid in South Florida ar- be recognized and commended. Chiefs Association. Along with other members resting 20, including five doctors, after a year- f of the Illinois fire service task force, Chief long investigation involving trafficking of pre- MacArthur assisted in the Louisiana response scription pills. What’s more concerning is the HONORING TERRELL LIONS CLUB and relief efforts following Hurricane Katrina. recent decision by the Governor of Florida to repeal funding for the creation of a PDMP ap- HON. JEB HENSARLING Time and time again, Chief MacArthur has exhibited the characteristics this line of duty proved by the State legislature in 2009. OF TEXAS necessitates: enormous sacrifice and courage. By reauthorizing the NASPER program we IN THE HOUSE OF REPRESENTATIVES will ensure States have the support they need Mr. Speaker and distinguished colleagues, to address prescription drug abuse by making Tuesday, March 1, 2011 please join me in celebrating this special occa- NASPER grants available for planning pur- Mr. HENSARLING. Mr. Speaker, I rise today sion and wishing him every happiness in the poses as well as for ‘‘establishing, improving, to recognize the outstanding service that the well deserved respite of his retirement.

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.014 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E386 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2011 CENTRAL RANKIN RELAY FOR If I had been present, I would have voted an opportunity for seniors to volunteer their LIFE ‘‘no’’ or ‘‘nay’’ on rollcall vote number 71. time. RSVP provides important volunteer serv- f ices such as tutoring, food for Meals on HON. GREGG HARPER Wheels and assistance with tax preparation. IN RECOGNITION OF ROSENBERG The following article from the Philadelphia OF MISSISSIPPI FOUNDATION IN THE HOUSE OF REPRESENTATIVES Daily News illustrates the importance of pro- grams like RSVP and the need for our contin- Tuesday, March 1, 2011 HON. JACKIE SPEIER ued support of their worthy accomplishments. Mr. HARPER. Mr. Speaker, Rankin County, OF CALIFORNIA [From the Philadelphia Daily News, Feb. 7, Mississippi advocates with the American Can- IN THE HOUSE OF REPRESENTATIVES 2011] cer Society Relay for Life will host their annual Tuesday, March 1, 2011 SENIORS, LIFE’S CALLING YOU. SEND YOUR ‘‘Paint the Towns Purple’’ walk on April 1, RSVP Ms. SPEIER. Mr. Speaker, I rise to con- 2011 at Shiloh Park in Brandon. (By Stu Bykofsky) Relay for Life is the signature event of the gratulate the Rosenberg Foundation on the occasion of its 75th Anniversary. DON’T TRUST anyone under 30. American Cancer Society and celebrates can- Maybe reversing the infamous (and big- cer survivors and caregivers, remembers For three quarters of a century, the Rosen- oted) catchphrase from the ’60s is overdoing loved ones lost to the disease, and empowers berg Foundation has committed itself to it. individuals and communities to fight back achieving social and economic justice for the But while many cultures, equating experi- against cancer. According to the American people of California. ence with knowledge, revere elders, here in Cancer Society, in 2010, 14,330 individuals The Rosenberg Foundation was established the U.S. of A. we lionize ‘‘youth’’ (even while were diagnosed with cancer in my home State in 1935 by a group of relatives and business watching the reading and math scores of our associates who were designated as trustees in ‘‘youth’’ fall, like tokens into a fare box). of Mississippi, and regrettably, this deadly dis- Baby Boomers who cranked up the social- ease claimed the lives of 6,060 Mississippians the will of Max L. Rosenberg, a San Francisco businessman and philanthropist. revolution line are now in the Social Secu- last year. rity line. Today, I rise to recognize the Central Throughout its history, the Foundation has In addition to the vast financial wealth Rankin Relay for Life in their efforts to rid set forth on a mission of expanding oppor- that the Boomers piled up, they (and their America of this tragic illness. May their efforts tunity to all Californians. It has distributed elders) also collected a warehouse of wisdom, of saving lives and creating a world with less more than 2,800 grants totaling nearly $80 which some of them like to share. cancer and more birthdays be an over- million to regional, statewide and national or- Motivated older adults—55 and up—form ganizations advocating for social, economic the backbone of RSVP—the Retired Senior whelming success. and Volunteer Program, a 40-year-old na- f and civic justice in the state. These grants have focused on California’s tional agency which in Philly operates from the Klein JCC, in the Far Northeast. EXPRESSING CONCERN ABOUT THE most vulnerable communities, from those in Klein has about 600 RSVP volunteers. TREATMENT OF BAHA’IS IN IRAN rural areas to women to minorities to children. Some are way above 55, like Harold and Today, the Foundation is spearheading inno- Libby Yaffe, the 93-year-old married couple HON. CAROLYN B. MALONEY vative solutions for tackling issues such as im- who come in to serve lunches. ‘‘The only way we can do what we do is OF NEW YORK migrant rights, justice for farm workers, sen- through volunteers,’’ says Marcia Gross, IN THE HOUSE OF REPRESENTATIVES tencing reform and economic disparity. For these efforts, the Rosenberg Foundation RSVP project director, as she shows me Tuesday, March 1, 2011 has been recognized with many prestigious around the lowslung Klein JCC at 10100 Jamison Ave. Gross is a woman of a certain Mrs. MALONEY. Mr. Speaker, I rise today awards. In 1997, it won the Outstanding Foun- age with no hard edges, a smiling round face to express concern about the treatment of Ba- dation Award from the Association of Fund- framed by light-brown hair. ha’is in Iran. Recent reports suggest that the raising Professionals. In 2003, it was one of There are lots of underutilized or bored re- seven Baha’i leaders convicted last August three foundations to receive the Paul Ylvisaker tirees, and a lot of programs that need help have been transferred to more dangerous Award for Public Policy Engagement by the but can’t afford to hire people, Gross says. areas of the prison in which they are being Council on Foundations. You don’t have to be Einstein to connect two held. Additionally, a series of arrests of Baha’i As our nation emerges from this historic re- dots. cession and inequality continues to rise, When some people hear ‘‘volunteer,’’ for adherents began in Isfahan on February 13th. free, they hit the exits. Better people see The fate of those individuals is currently un- groups like the Rosenberg Foundation will service to others as a benefit to society—and known, but these arrests suggest that the Ira- play a critical role in helping all Californians to themselves. nian government is continuing its persecution realize their share of the American Dream. ‘‘I have to have something to do in the of members of the Baha’i faith. The Foundation understands that people morning and I love every minute of it,’’ says Freedom of religion is a basic human right. aren’t looking for a handout, but a hand up. widowed Center City grandmother Laurette The United States has always been committed Mr. Speaker, I thank the Rosenberg Foun- Feltoon, who admits to ‘‘65-plus.’’ to defending religious freedom around the dation and its dedicated staff for their extraor- For the last 13 years, she’s been taking her dinary contributions to the people of California master’s in psychology (she had a private globe. The world must be vocal in its con- practice in marital and premarital coun- demnation of the mistreatment of the Baha’i during the last 75 years. I have no doubt we seling) and volunteering, every day, as a me- people at the hands of a brutal government. will be celebrating many more anniversaries in diator in Municipal Court’s Dispute Resolu- I urge the Iranian government to release all the future. tion Program. those whom it has imprisoned solely because f The city and the warring parties get the of their religious beliefs, and to treat all of its benefit of her decades of experience, while religious minorities with tolerance. RECOGNIZING THE IMPORTANCE Feltoon has a place to go and a mission to OF THE RETIRED SENIOR AND accomplish. f VOLUNTEER PROGRAM Dots connected. Win-win. Volunteers go PERSONAL EXPLANATION only to nonprofit agencies, says Gross, rang- ing from the American Red Cross (blood- HON. ALLYSON Y. SCHWARTZ mobile aides) to WHYY–TV (special events, HON. ROBERT J. WITTMAN OF PENNSYLVANIA begathons). OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES Sure, there are expected needs for people IN THE HOUSE OF REPRESENTATIVES who can do data entry and fill clerical roles, Tuesday, March 1, 2011 make weekly visits to the homebound, tutor Tuesday, March 1, 2011 Ms. SCHWARTZ. Mr. Speaker, I rise today students or prepare food for Meals on Mr. WITTMAN. Mr. Speaker, due to a family to recognize the importance and necessity of Wheels. emergency I unfortunately missed a series of senior care programs such as the Retired But there are less-conventional volunteer options, such as tax preparation, historical votes on February 17, 2011, which included Senior and Volunteer Program (RSVP). Phila- research, ushering at local theaters, guiding roll call votes number 67 through 79. delphia’s RSVP is based in the Jewish Com- tours at Independence National Historical If I had been present, I would have voted munity Center Klein Branch and currently en- Park or the Philadelphia Zoo, and providing ‘‘yes’’ or ‘‘aye’’ on rollcall vote number 67, 68, lists about 600 volunteers. The program offers immigration assistance. For those better 69, 70, 72, 73, 74, 75, 76, 77, 78, and 79. much-needed community services as well as with their hands than their mouths, RSVP

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K01MR8.010 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 1, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E387 uses people to drive vans, walk dogs at the tacks against Armenians in Sumgait, Azer- INTRODUCTION OF THE SHINGLES PSPCA, stock food pantries, knit, garden baijan. PREVENTION ACT and provide minor home repairs. If you don’t know whether you have a use- Dozens of Armenians were killed. Hundreds ful skill, Gross says, ‘‘Come in and we may were injured. Women, including young girls, HON. MAZIE K. HIRONO suggest something you hadn’t thought of.’’ were raped. OF HAWAII Anyone with computer literacy is needed, Apartments were robbed, cars were burned, IN THE HOUSE OF REPRESENTATIVES and RSVP is looking for people to teach fi- and local businesses were destroyed. nancial literacy. Tuesday, March 1, 2011 Retiring after 42 years working on the rail- According to testimony reviewed by the Su- Ms. HIRONO. Mr. Speaker, I rise today to road, Norm Feldman wanted a new chal- preme Court of the USSR: ‘‘Tenants were reintroduce the Shingles Prevention Act. lenge. dragged from their apartments. If they tried to Many of us have had shingles or know of The Tacony resident, a volunteer at the run and escape, the mob attacked them. The others, especially over the age of 60, who Clean Air Council for 27 years, has become mob used metal rods, knives and hatchets, have. In 2006 a new vaccine was created that an expert in indoor air pollution and radon. after which bodies were thrown into the fire.’’ prevents occurrence of shingles or dramati- The octogenarian volunteers Wednesdays, and takes emergency calls at home, goes out But shockingly most of the Azeris who com- cally reduces the symptoms and pain of shin- to talk to schools and community groups on mitted these horrific acts and their accom- gles. Experts agree that adults over the age of other days. plices in government were not brought to jus- 60 should receive this immunization. He took some EPA training, but mostly tice. Half of us will experience shingles by the learned on the job, and is so much an expert The Sumgait Massacres are part of a long time we are 80. Shingles is a painful skin rash that he gets calls from county health depart- often accompanied by fever, headache, chills, and disgraceful history of violence against the ments. ‘‘Even professional people have prob- and upset stomach. What is more pressing is Armenian people. lems and they can’t get answers from the that one in five shingles patients will endure city, state or federal government,’’ Feldman It is long past time for the United States to post-herpetic neuralgia—severe pain lasting says, because most law deals with outside officially recognize the Armenian genocide. much longer than the rash itself. The pain can air. He’s the man on the inside. This anniversary should serve as a reminder be so intolerable that patients are house- After Sunny, his beloved wife of 51 years, that we can stay silent no more. died four years ago, Ike Silverberg was de- bound, and there have been cases of suicide pressed, even suicidal. He tried some shrinks, Let’s take this moment to remember all from the disease. Shingles is most common but it didn’t help. The 85-year-old still those who lost their lives at Sumgait and among seniors because the immune system misses Sunny like hell, but RSVP gave him pledge to prevent ethnic cleansing from occur- wanes with age, making Medicare bene- a new life. ring anywhere in the future. ficiaries the best candidates for the vaccine. Mondays and Fridays, mornings and after- Since its development in 2006, the shingles noons, he’s at the Delaware Valley Veterans’ f vaccine has been recommended for adults 60 Home, pushing a beverage cart, making sure years or older by the Centers for Disease the vets are hydrated. He’s happy doing it IN REMEMBRANCE OF MR. GABOR Control. However, current Medicare Part D because the vets are appreciative. PAPP coverage of the vaccine is insufficient. Not all His Tuesdays and Wednesdays are very dif- beneficiaries are enrolled in Part D or another ferent. He drives from his Rhawnhurst home drug prescription plan. More important, seniors to Mayfair Elementary, where he sits with eight first-graders at a round table. Every- HON. DENNIS J. KUCINICH are facing high out-of-pocket costs due to a one reads in turn and Ike challenges them on OF OHIO lack of coordination among doctors, phar- spelling. The great-grandfather of seven macies, and Part D plans. For example, there loves kids, so this is a treat for him. IN THE HOUSE OF REPRESENTATIVES is no established direct billing method between Wednesdays the chatty former construc- Tuesday, March 1, 2011 doctors and plans for Part D vaccines. Be- tion worker, salesman and bagel-baker reads cause of this, beneficiaries typically must pay with third-graders at the JCC. All the volun- Mr. KUCINICH. Mr. Speaker, I rise today in the full price up front, which results in out-of- teering keeps him out of ‘‘that house,’’ as he honor and remembrance of Mr. Gabor Papp, pocket costs that limit access to those that refers to his formerly happy, now lonely a man who was devoted to preserving and need the vaccine the most—our seniors. home. celebrating Hungarian culture and language. The billing problem, the resulting low utiliza- Getting out into the world is a benefit to volunteers, says Gross. According to a poll, In 1915, Mr. Papp was born in tion of the vaccine, and costly storage require- she says, the No. 1 reason people give for not Maramarossziget, Hungary. He earned his law ments are enough to keep many doctors from volunteering is: ‘‘No one asks them.’’ degree at the University of Debrecen before stocking the vaccine. When doctors do not RSVP is asking. moving to Cleveland after World War II. In stock, beneficiaries’ only alternative is to ob- tain the vaccine from pharmacists. But many f 1951, Mr. Papp began working as a draftsman at Lucas Machine Tool Co. and Acme-Cleve- states do not allow pharmacies to administer PERSONAL EXPLANATION land Corp. Part D vaccines, so the beneficiary has to take the vial from the pharmacy back to the physi- In 1958, Mr. Papp founded the Hungarian cian office. Thus, a senior who is thinking HON. J. RANDY FORBES School at St. Emeric Catholic Church, serving about getting vaccinated would have to go first OF VIRGINIA as its principal and director for 27 years. The to the doctor’s office for a consult, then to the Hungarian school teaches both children and IN THE HOUSE OF REPRESENTATIVES pharmacist, then back to the doctor for the adults about Hungarian language and culture. Tuesday, March 1, 2011 shot. He also served as an officer at the United Not surprisingly, many seniors are not get- Mr. FORBES. Mr. Speaker, if I had been Hungarian Fund, where he spearheaded phil- ting immunized against shingles. This low utili- present on February 28, 2011, I would have anthropic efforts for scholarships, disaster re- zation rate contributes to the half a billion dol- voted ‘‘yes’’ on H.R. 394, H.R. 347, and H.R. covery, and many other programs. Mr. Papp lars of treatment costs per year and, for hun- 368. was also a volunteer at the Senior Ethnic Find dreds of thousands of seniors, many weeks f of Cleveland. As a result of his dedication to spent suffering from a disease that could have the community he was honored by numerous been prevented. The Shingles Prevention Act RECOGNIZING THE 23RD ANNIVER- government officials throughout his life. will move shingles vaccine coverage to Part SARY OF SUMGAIT MASSACRES Mr. Speaker and colleagues, please join me B—thus treating it in the same manner as the in honor and remembrance of Mr. Gabor flu vaccine under Medicare, simplifying the HON. JACKIE SPEIER Papp, a true leader. Mr. Papp’s devotion to process for physicians and beneficiaries, and OF CALIFORNIA the Hungarian community of Cleveland was lessening the cost burden for our seniors. This IN THE HOUSE OF REPRESENTATIVES admirable and irreplaceable. I extend my sin- is a common sense and cost effective way to cerest condolences to his wife of 64 years, increase access to high quality health care for Tuesday, March 1, 2011 Katalin; his daughters, Eva, Klara, Gabrielle, our seniors, and I look forward to working with Ms. SPEIER. Mr. Speaker, I rise to acknowl- and Susan; and his many grandchildren, my colleagues to ensure its passage. edge the 23rd anniversary of the vicious at- nieces, and nephews. Mahalo nui loa (thank you very much).

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K01MR8.014 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E388 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2011 IN RECOGNITION OF THE MANY Following the war, Ms. Gruber became a nize the Koreans who fought courageously to ACCOMPLISHMENTS OF RUTH foreign correspondent for the Herald Tribune. defend their land, people and heritage. GRUBER, AN AMERICAN JOUR- In 1947, the New York Post asked her to Today, the Republic of Korea is one of NALIST, PHOTOGRAPHER, WRIT- cover the Anglo-American Committee of In- America’s closest economic and military allies ER AND HUMANITARIAN quiry on Palestine, which was formed to con- in Northeast Asia. South Korea is our 7th larg- sider what to do with the Jewish Holocaust est trading partner and our close relations are HON. CAROLYN B. MALONEY survivors who could not return home. She signified by our ongoing military cooperation in OF NEW YORK traveled to the displaced persons camps, cov- the region. South Korea remains a dynamic IN THE HOUSE OF REPRESENTATIVES ered the Nuremberg trials, and met with Zion- technological inspiration and a vital partner of ist leaders in the Middle East. In 1947, while the international community. As United States Tuesday, March 1, 2011 covering the Middle East for the Herald Trib- and South Korea continue our partnership and Mrs. MALONEY. Mr. Speaker, I rise to pay une, she learned of the British refusal to allow friendship, we must also continue to strive for tribute to Ruth Gruber, an extraordinary the Exodus, a former cruise ship crammed the independence of the people of North woman whose life’s work has made her an with 4,500 refugees, to land in Haifa. The Brit- Korea and look at ways to address the ongo- icon and a role model. Over the course of her ish loaded the survivors onto several boats ing security threats from North Korea. long and active life, she has been a ground- and sent them first to Marseilles and then to As the Congresswoman of the 47th District breaking journalist and photographer, a bril- Germany. Ms. Gruber was permitted to travel of California, I represent one of the most vi- liant scholar, an exceptional writer and a com- with the refugees from Marseilles to Germany brant Korean-American communities in the passionate government official. Most of all, as the pool reporter. Her dispatches, later col- United States. And I would like to celebrate she is a humanitarian whose leadership and lected in the book, Exodus 1947: The Ship with them and the people of Korea on this intellect helped save thousands of lives. That Launched a Nation, introduced the world honorable day of Korea’s independence. Ms. Gruber received the American Spirit to desperation and determination of the sur- f Award from The Common Good (TCG) on vivors. Her iconic photograph of refugees on February 3, 2011. In addition, TCG will be board the ship under a flag bearing the British IN HONOR OF THE 50TH ANNIVER- screening Ahead of Time, a 2009 documen- Union Jack overlaid with a Nazi swastika be- SARY OF THE HOLY TRINITY tary about Ms. Gruber’s life. Under the leader- came Life Magazine’s photo of the week and BAPTIST CHURCH ship of the dynamic Patricia Duff, TCG is a was reproduced around the world. non-profit, non-partisan organization that Ms. Gruber continued to work as a foreign HON. DENNIS J. KUCINICH strives to inspire broad participation in our de- correspondent until 1966, and has continued OF OHIO mocracy through the free exchange of ideas to write books up to the present day. In 1985, IN THE HOUSE OF REPRESENTATIVES and civil dialogue. Ms. Gruber witnessed another exodus—she Tuesday, March 1, 2011 Born in Brooklyn in 1911, Ruth Gruber stud- traveled to isolated Jewish villages to aid in ied at the University of Cologne in Germany the rescue of the Ethiopian Jews. She chron- Mr. KUCINICH. Mr. Speaker, I rise today in where, at the age of twenty, she received her icled her experiences in Rescue: The Exodus honor of Holy Trinity Baptist Church of Cleve- Ph.D. Her dissertation on Virginia Woolf made of the Ethiopian Jews. In 1998, she received land, on the occasion of its 50th anniversary. her the youngest Ph.D. in the world, earning a Lifetime Achievement Award from her peers Known as ‘‘the Church with the Upward Look her international headlines and a movie star’s in the American Society of Journalists and Au- and the Forward Step,’’ this church has served welcome when she returned to the United thors as ‘‘a pioneering journalist and author the surrounding community since 1961. States. whose books chronicle the most important The congregation of Holy Trinity Baptist Ms. Gruber returned to the United States events of the twentieth century.’’ When asked Church had humble beginnings; for the first where she became a journalist. In 1935, she the secret of her success, she said: ‘‘Have four years of its existence it was housed at the won a fellowship to write a study of women dreams, have visions and let no obstacle stop Old Crown Theater on Cleveland’s east side. under fascism, communism, and democracy. you.’’ In 1965, it moved to its current location on The first journalist to enter the Soviet Arctic, Ms. Gruber was married twice, first to Philip East 131st Street. Throughout its history, Holy she published her experiences in the book, I H. Michaels and, after his death, to Henry Trinity has provided numerous services to its Went to the Soviet Arctic. In 1941, after read- Rosner. In 1952, at age forty-one, she gave members and the surrounding community. The ing her book, Secretary of the Interior Harold birth to her first child, Celia; her son, David, congregation has an active connection with L. Ickes sent Ms. Gruber as his field rep- was born in 1954. Haiti, where they built a church and have fos- resentative to make a social and economic Mr. Speaker, I ask my distinguished col- tered children. Closer to home, they have study of Alaska. Her reports were forwarded to leagues to join me in recognizing the remark- hosted nutritional, tutoring, and Head Start President Franklin D. Roosevelt and played a able career and achievements of Ruth Gruber, programs for their community. Holy Trinity major role in shaping American policies in an indefatigable journalist, activist and human- Baptist Church was the first church in Cleve- Alaska and the Aleutian Islands, which were itarian. land to offer certified classes in Bible Study. then on the frontlines of World War II. Among f Mr. Speaker and Colleagues, please join me other things, her reports documented the in recognition and celebration of Holy Trinity strong work ethic of African-American soldiers. SAMIL MOVEMENT ANNIVERSARY Baptist Church’s 50th anniversary. Holy Trinity When Ms. Gruber returned to Washington, Baptist Church has been a vibrant part of the Ickes appointed her his special assistant, a HON. LORETTA SANCHEZ Cleveland community for fifty years, and position she held for five years. When Presi- OF CALIFORNIA through its service and outreach programs, dent Roosevelt decided to accept a thousand IN THE HOUSE OF REPRESENTATIVES has touched many lives. I send my congratula- European immigrants in the midst of World tions to Reverend Chelton C. Flanagan and Tuesday, March 1, 2011 War II and the Holocaust, Secretary Harold Reverend Dr. Henry J. Payden, Sr., along with Ickes asked her to escort the refugees to the Ms. LORETTA SANCHEZ of California. Mr. the 700 members of the church on this joyous United States. Largely but not entirely Jewish, Speaker, I rise today to recognize the 92nd occasion. the 984 refugees who were chosen to make anniversary of the March 1st Movement also f the journey came from all over Europe. The known as the Samil Movement. Today com- refugees were permitted into the country with memorates the start of Korea’s independence FULL-YEAR CONTINUING the idea that they would return home following movement from Japanese colonization and on APPROPRIATIONS ACT, 2011 the war’s end. Following their arrival in New March 1, 1919, the people of Korea united to York harbor on August 3, 1944, they were fight for their freedom. For 35 years, the peo- HON. DEBBIE WASSERMAN SCHULTZ kept segregated on an old army base in ple of Korea were denied their identity as they OF FLORIDA Oswego, New York. Ms. Gruber served as were violently discriminated against by the IN THE HOUSE OF REPRESENTATIVES their liaison with the outside world. When the Japanese government and were forced to re- end of the war came, Ms. Gruber lobbied the press its culture on their own land. Tuesday, March 1, 2011 President and Congress, with the help of March 1 is a day of great proclamation as Ms. WASSERMAN SCHULTZ. Mr. Chair, Catholic, Jewish and Protestant clergy and it was the first step to Korea gaining its inde- just yesterday I stood with parents of young other advocates, and convinced them to allow pendence and liberty. Although the Korean children in Davie Florida who attend early edu- the refugees to stay in America. Peninsula remains divided, today we recog- cation classes at Crayons Child Care Center.

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.017 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 1, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E389 We spoke about how vital early education is Known as a Delta Pioneer, Captain Sing Demetria and Lawrence Sing. Currently, she in the development of children. was born January 16, 1944, in Washington devotes her time to children in the Greenville How early education increases high school County, Mississippi, to a family of five sisters Public School System. graduation rates, and how 50 years of solid and four brothers. She worked numerous oc- Captain Sing is recognized by the Black research has shown that early education is cupations leading up to her heroic role as a Women in Fire Service as the State of Mis- shown to reduce crime and delinquency. firefighter including telecommunications oper- sissippi’s first African-American firefighter and We spoke about how early education in mi- ator, medical service driver and dispatcher, as a leader of the African-American women nority and lower income communities helps to and as Greenville’s first female security officer firefighters in the United States of America. narrow the achievement gap and lifts future for the Greenville Public School District. Mr. Speaker, please join me in saluting generations out of poverty. Captain Sing reported for duty in June 1979 Captain Laverne Sing, the first female African- And how, for every dollar spent in early edu- to her community as the first African-American American Firefighter in the State of Mississippi cation, our communities yield up to a $7 return female firefighter in Greenville without allowing for your dedicated service in fire safety and on our investment. prejudice to get in her way. Her selfless acts prevention. Unfortunately, though, we weren’t there to in fire prevention and safety have resulted in f highlight the success of early education, we the preservation of countless lives and incal- were there to highlight something that borders culable amounts of property. Captain Sing’s TRUE COST OF H.R. 1 on insanity. goals as a firefighter were to save lives, save Insanity because just over a week ago, this property, and protect the environment. She HON. STEVE COHEN body made the largest cut to education in our met these objectives every day not only in the OF TENNESSEE Nation’s history. firehouse and on the scene but in her daily IN THE HOUSE OF REPRESENTATIVES Now, we all understand that our Nation life. Her hard work and expert knowledge led Tuesday, March 1, 2011 needs to cut spending. to her rapid promotion from a recruit to Cap- But the society that balances its budget on tain of the Greenville Firehouse. Putting her- Mr. COHEN. Mr. Speaker, by recklessly the backs of its children should not be sur- self in harm’s way to save precious lives, Cap- slashing more than $60 billion from the budg- prised when the spine of its future is broken. tain Sing courageously ran into burning build- et, the majority is trying to assume the mantle Davie is a long way from where we stand ings and structures when others were running of fiscal responsibility. They claim that $60 bil- here today in Washington. out. Once inside a burning building, Captain lion in cuts creates $60 billion in savings and And sometimes it is easy for Members to Sing used the right hand search pattern tech- deficit reduction. But this claim is simply un- overlook, or to not understand how what hap- nique and immediately began scouring for and true, for many of the underfunded or elimi- pens here in the Capitol means out in the real removing trapped occupants by following nated programs actually save the government world. closely along the room’s walls and performing far more money than they cost. These cuts That is why I stand here today. the search until everyone in the structure was are penny wise but pound foolish. By elimi- I stand here because the parents I met with safely out. nating funding for these cost saving programs, cannot stand here and tell you, Mr. Chair, Captain Sing has always displayed a com- the majority is not reducing spending; they are what these cuts will mean to their children. mitment to excellence even in the face of un- increasing it. Should the cuts to early education funding thinkable danger. Her acts of gallantry, perse- As New York Times columnist Paul that were passed in H.R. 1 stand, some of the verance and pride exemplify a character that Krugman said, the majority’s cuts are de- children at Crayons Child Care will no longer has allowed her to grow and prosper. As Cap- signed to eat the future by cutting spending in be able to attend early education. tain for the Greenville Fire Department, she a way that undermines the nation’s health and And if students are forced to leave their was a leader in the firehouse and at times long-term prospects. Nowhere is this failure in early education classes there will be teachers performed dispatch services for both the fire fiscal policy more apparent than when it at Crayons Child Care that will lose their job. and police department. She volunteered her comes to the physical health of the American Laying off teachers and dimming the future time as a public relations officer for the fire de- people. H.R. 1 cuts $60 billion in Fiscal Year of America’s children is no way to balance the partment where she presented programs in 2011 spending, but it increases the deficit dra- budget. community schools, daycare centers and nurs- matically as a result of unseen healthcare These children are 2, 3, 4 years old. costs associated with the degradation of the They didn’t run up the debt and deficit of ing homes that educated numerous persons food we eat, water we drink, and air we our country, but the response from Repub- both on escaping a fire and what actions to breathe. Moreover, H.R. 1 slashes the Na- licans in the House of Representatives was take when faced with safety hazards. In 1990 and 1991, Captain Sing served the tional Institute of Health’s funding for research that they would pay for it. to find cures for diseases such as Alzheimer’s, Republicans preserved tax credits for oil, community as a volunteer for the Salvation Parkinson’s, diabetes, and cancer. gas, and chemical companies; they cut Head Army and the Mississippi Firefighters Memorial I believe that it is morally objectionable to Start funding. Burn Center. A decorated firefighter, Captain leverage our physical health for perceived They preserved tax credits for the coal in- Sing has received many honors including the short-term fiscal and political health. But that dustry, but they cut Early Education funding. Department’s Outstanding Performance Award The parents I met with yesterday in Davie and the Flame Award from the Greenville is exactly what H.R. 1 does. It allows the ma- are just a handful of the 9,148 children in Flor- Chamber of Commerce. As a firefighter, Cap- jority to fulfill a political promise made during ida that will lose their early education classes tain Sing worked through many grueling aca- the last campaign. But in doing so, the major- if these cuts are to stand. demic courses including her national certifi- ity is undermining the long-term health of our That just doesn’t make sense. cation in level Fire Fighter One, numerous citizens and our country by: Cutting funds for the Food and Drug Admin- f safety programs and Cardiopulmonary Resus- citation, CPR, training through the American istration by $241 million below 2010 and $400 HONORING CAPTAIN LAVERNE Red Cross. million below the Administration’s 2011 budget SING, THE FIRST FEMALE AFRI- Captain Sing’s exceptional performance of request. CAN-AMERICAN FIREFIGHTER her duties and her barrier-breaking accom- Cutting funds for the Food Safety and In- plishments has been recognized at events spection Service by $88 million below 2010 HON. BENNIE G. THOMPSON during Black History Month, by churches, as- funding levels and $107 million below the Ad- OF MISSISSIPPI sociations and community groups. In 1992, ministration’s 2011 budget request. IN THE HOUSE OF REPRESENTATIVES upon the passing of the brother committed to Cutting appropriations for the National Insti- her care for 18 years, Captain Sing, felt the tutes of Health by $1.6 billion below FY 2010 Tuesday, March 1, 2011 call to be close to her family and resigned and $2.5 billion below the President’s budget. Mr. THOMPSON of Mississippi. Mr. Speak- after over a decade of gallant service to the Cutting funds for the Clean Water and er, I rise today to honor Captain Laverne Sing, Greenville Fire Department. Drinking Water State Revolving Fund by 56 the State of Mississippi’s first African-Amer- Captain Sing is a proud member of Serene percent. ican female firefighter. Captain Sing not only Lodge 20th Century Temple Daughters of Elks Cutting funds for the Environmental Protec- broke down years of historical barriers, but and a faithful servant of our Lord and Savior tion Agency by $3 billion, a nearly 30 percent also provided safety and security for the citi- Jesus Christ at the Grace Outreach Church cut from spending in 2010 and the largest per- zens of the City of Greenville, Mississippi, for pastored by Rev. Ruben Lewis. She is the centage cut in EPA’s overall budget in 30 many selfless years. proud mother of three children, Remelda, years.

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.019 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E390 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2011 Cutting appropriations for the Centers for the water on the planet is safe to drink. H.R. being cut, one can recognize that many of Medicare and Medicaid Services by $458 mil- 1 would reduce that 1 percent by allowing these cuts will end up costing the federal gov- lion below FY 2010 and $634 million below major corporations and developers to pump ernment billions of dollars. Not to mention that the President’s budget request. toxins into our water and by failing to invest in H.R. 1 will reduce the physical health and These fiscal cuts have severe physical im- the necessary infrastructure to maintain, treat, wellness of millions of Americans. pacts on the American people and jeopardize and deliver safe drinking water. H.R. 1 re- I urge the majority to go back to the drawing the health and well-being of our children. H.R. duces the Drinking Water State Revolving board and create a truly cost-saving budget 1 cuts funding for the Food and Drug Adminis- Fund by 56 percent, a program that provides that looks at cost holistically. I encourage tration’s ability to test and regulate medical low and no-interest loans to states to fund them to create a budget that not only restores drugs. It is counterintuitive to think that drugs drinking water infrastructure improvement the fiscal health of this nation but the physical that people take to cure illnesses may actually projects. Already too many Americans are suf- health as well. And I strongly recommend that create more health problems than they solve. fering from lead poisoning and chronic diar- we develop a budget that wins the future rath- But that is an unfortunate experience that rhea as a result of antiquated infrastructure. er than eats it. many Americans know all too well. For in- We cannot afford to exacerbate the rate of f stance, thousands of Americans took the these serious health threats by cutting funding weight loss drug Fen-phen only to find out to maintain and repair our water infrastructure. IN REMEMBRANCE OF MR. BILL years later that it caused severe heart prob- Doing so, does not seem like smart fiscal or KELLEY lems and had killed people who had taken the physical policy to me. It is eating our future. drug for only a short period. The sad truth is H.R. 1 eliminates several million dollars of HON. DENNIS J. KUCINICH that Fen-phen is only one example of a drug funding for EPA to implement revised stand- OF OHIO that did not undergo the necessary FDA test- ards for the amount of mercury, lead, and IN THE HOUSE OF REPRESENTATIVES ing and scrutiny, and H.R. 1 will ensure that other toxic air pollutants that cement plants Tuesday, March 1, 2011 many more medical drugs receive similar inad- across the country can emit into the air we equate levels of review. Cutting spending for breathe. These revised standards will safe- Mr. KUCINICH. Mr. Speaker, I rise today in testing and regulating drugs does not seem guard the American people from breathing air honor and remembrance of Mr. Bill Kelley, the like smart fiscal or physical policy to me. It is that will harm their brains, hearts, lungs, and former director of the Cleveland Aquarium who eating our future. livers. But H.R. 1 strips EPA of any funding to was known for his ingenuity and creativity. I believe it is important for parents to be implement this life-saving standard. Bill Kelley was born in 1917 in Elyria, Ohio. confident that the food they feed their children Mercury and lead target the developing From a very early age, he had a deep interest is making them healthier and not killing them. brains of children and can cause devastating in science, and enjoyed building telescopes Unfortunately that is not the case. In the last brain damage and death. Millions of American and crystal radios. In 1954, after serving as an year alone, we have had food recalls for spin- children already suffer from debilitating asthma interpreter for the Army in World War II, he ach, peanuts, chicken, eggs, and dozens of and brain damage as a result of the dirty air worked to convert a small bathhouse in Gor- other foods. It was not long ago that millions they breathe. H.R. 1 does not try to clean the don Park into Cleveland’s first aquarium. of Americans were combing through their pan- air; it makes the air even dirtier and exposes Mr. Kelley was well-known for his innova- tries throwing away anything containing pea- more children to air that will impact their tion. He invented special filters and developed nut butter. This feverish action was a result of health for the rest of their life or in some an additive that could be added to tap water a salmonella contamination that claimed the cases kill them. to make it habitable for salt-water fish. He lives of 8 individuals and poisoned more than According to EPA, these standards will save travelled to Chicago and the Amazon to se- 500 Americans in 43 states, half of which more than 2,500 lives a year and prevent cure unique specimens for Cleveland’s collec- were children. And it was only a few years 50,000 new cases of asthma and respiratory tion. He went on to head aquariums in Niag- ago that E. coli in spinach was responsible for symptoms. But H.R. 1 cuts these funds. That ara Falls and Mystic, Connecticut. 5 deaths and more than 200 hospitalizations. does not seem like smart fiscal or physical A true renaissance man, Mr. Kelley’s exper- The American people deserve better. They policy to me. It is eating our future. tise was far from limited to sea life. He was deserve the peace of mind of knowing the H.R. 1 will also increase the number of indi- also a fellow of Great Britain’s Gemological food they eat and feed their children is safe. viduals in hospitals and doctors’ offices as a Society and was known for developing a But by slashing millions of dollars for the Food result of illnesses related to polluted air, dirty method to strengthen fragile opals and for Safety and Inspection Service, H.R. 1 denies water, and bacteria-filled food. And the kicker founding Opals, Inc. He also served as asso- the American people that peace of mind. In is that H.R. 1 will make these medical trips ciate director of the Cleveland Museum of Nat- 2010 alone, an estimated 76 million people more expensive for these individuals and for ural History. got sick with foodborne illness and 5,000 indi- the government. By eliminating funding for crit- Mr. Speaker and colleagues, please rise viduals died because of the food they ate, ac- ical components of the Affordable Care Act, with me today in honor and remembrance of cording to the U.S. Centers for Disease Con- millions of Americans will not have access to a passionate and unwavering individual. Mr. trol and Prevention. Cutting spending that affordable insurance to cover their respiratory Kelley will be remembered for his many con- would prevent many of these deaths and ill- medications to remedy the polluted air they tributions to the sciences and for his hard nesses is not fiscally or physically responsible. breathe. Parents will have to pay out of pock- work and dedication. I extend my sincerest It is eating our future. et—if they can pay at all—for the treatment condolences to his wife, Lois; his brother, The irony of H.R. 1 is that not only does it their children receive thanks to the E. coli in Carl; and his sister, Jean. make the American people sicker, but it dra- the hamburger they had for dinner. And sen- f matically cuts funding for the National Insti- iors will no longer have access to free pre- tutes of Health (NIH) to develop cures for dis- ventative care visits, which are imperative to INTRODUCTION OF THE NATIVE eases, instances of which will increase as a detect possible ailments caused by inhaling HAWAIIAN MEDICAID COVERAGE result of H.R. 1’s attack on safe food, water, harmful toxins with every breath. ACT OF 2011 and air. The NIH conducts cutting edge re- Worse than any of these medical costs is search to cure the diseases that plague mil- the heartache associated with the tens of HON. MAZIE K. HIRONO lions of Americans, from infants to seniors. thousands of deaths that will occur as a result OF HAWAII Nearly every American has watched a friend of the dirtier air, water, and food every Amer- IN THE HOUSE OF REPRESENTATIVES or loved one fight Alzheimer’s, Parkinson’s, or ican will be consuming thanks to H.R. 1. It is Tuesday, March 1, 2011 cancer or has fought one of these life-threat- clear that the American people will not be able ening battles first-hand. For years, Congress to afford these costs, so this financial burden Ms. HIRONO. Mr. Speaker, I rise today to has provided NIH the necessary tools to help will continue to increase our deficit. That does reintroduce the Native Hawaiian Medicaid people win these battles. But H.R. 1 stops NIH not seem like smart fiscal or physical policy. It Coverage Act of 2011. This legislation is a in its tracks by cutting funding for research is eating our future. companion to S. 36, which was introduced that would save American lives. That does not The Republican majority is touting H.R. 1 as earlier this year by Senator DANIEL K. INOUYE. seem like smart fiscal or physical policy to me. a fiscally responsible budget. Sure it looks This legislation would allow for 100 percent It is eating our future. nice on paper when you take the $60 billion coverage under the Federal Medicaid Assist- Although more than 70 percent of the earth dollars in cuts as $60 billions in savings. But ance Percent, FMAP, formula for Native Ha- is covered in water, only about 1 percent of all by looking a bit deeper into the programs waiians who are Medicaid eligible and access

VerDate Mar 15 2010 04:22 Mar 02, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.021 E01MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 1, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E391 care from Federally Qualified Health Centers burse expenses of volunteers who provide change will increase the number of honors de- or through the Native Hawaiian Health Care military funeral honors at veterans’ funerals. tails available to families. I urge my colleagues System. Because thousands of service members are to support this bill. Native Hawaiians, like American Indians and deployed in Iraq and Afghanistan while thou- Alaska Natives, are an indigenous, native peo- sands of World War II and Korean War vet- f ple. Currently, states receive a 100 percent erans die each day, there is simply not REGARDING THE 50TH ANNIVER- FMAP reimbursement for health care services enough military to provide a proper seven-per- SARY OF THE PEACE CORPS provided through Indian Health Services facili- son honors detail for these funerals. Some ties. The bill I am introducing today would families of veterans have had to ‘‘make do’’ bring parity in the treatment of our country’s with a CD playing ‘‘Taps.’’ I am saddened by HON. CHRIS VAN HOLLEN Native peoples. this outrageous situation and determined to OF MARYLAND Congress has previously recognized the provide proper military funeral honors for all IN THE HOUSE OF REPRESENTATIVES unique and historical relationship between the families who request them. Tuesday, March 1, 2011 United States and the indigenous people of This bill will allow reimbursement to volun- teers from members of veterans’ service orga- Mr. VAN HOLLEN. Mr. Speaker, today I rise Hawaii. I ask for my colleagues continued sup- in recognition of the 50th anniversary of the port for the health and wellbeing of Native Ha- nizations (VSOs) and other organizations ap- proved by the Secretary of the Department of Peace Corps and to honor the memory of its waiians. founder Sargent Shriver. Mahalo (thank you). Veterans’ Affairs (VA). Transportation costs and other expenses, such as cleaning uni- The Peace Corps was created in 1961 to f forms, incurred in providing funeral honors de- encourage Americans to travel abroad as am- tails will be reimbursed. A second change will bassadors of good will and to engage other MILITARY HONORS FOR allow reimbursement to details that are re- cultures in pursuit of world peace and mutual VETERANS’ FUNERALS quested by funeral homes and the VA, as well understanding. For 50 years, Peace Corps as the Department of Defense, the current volunteers have helped to sow the seeds of HON. BOB FILNER practice. friendship around the globe through their in- OF CALIFORNIA Currently, members of VSOs and other vol- dustry and enthusiastic service. Today, the IN THE HOUSE OF REPRESENTATIVES unteers can assist the military by providing a Peace Corps endures as a living reminder of color guard, pallbearers, a bugler or firing the spirit and dedication of Sargent Shriver, Tuesday, March 1, 2011 party, but the law does not address cere- who was a tireless crusader for peace and Mr. FILNER. Mr. Speaker and colleagues, I monies in which VSOs render honors without justice, willing to lend a hand wherever one rise today to speak about a bill that I have just military representation. My bill will allow volun- was needed, and building institutions like the reintroduced, ‘‘Providing Military Honors for teers to be reimbursed even when no military Peace Corps that will carry on well into the fu- our Nation’s Heroes Act’’ (H.R. 545), to reim- person is a part of the honor guard. This ture.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Adopted: Chamber Action By 97 yeas to 2 nays (Vote No. 27), Leahy Modi- Routine Proceedings, pages S1023–S1076 fied Amendment No. 121, to improve the bill. Measures Introduced: Eight bills and seven resolu- Pages S1032, S1034–44, S1050 tions were introduced, as follows: S. 422–429, and Rejected: S. Res. 80–86. Page S1060 Vitter/Toomey Modified Amendment No. 112, to Measures Reported: require that the Government prioritize all obliga- S. Res. 81, authorizing expenditures by commit- tions on the debt held by the public in the event tees of the Senate for the periods March 1, 2011, that the debt limit is reached, provided that the through September 30, 2011, and October 1, 2011, Government give equal priority to payment of social through September 30, 2012, and October 1, 2012, security benefits. (By 52 yeas to 47 nays (Vote No. through February 28, 2013. Page S1060 28), Senate tabled the amendment.) Measures Passed: Pages S1030, S1044, S1050–51 Withdrawn: Pay During Government Shutdown: Committee DeMint (for Vitter) Modified Amendment No. on Homeland Security and Governmental Affairs was discharged from further consideration of S. 388, to 113, to require that the Government give equal pri- prohibit Members of Congress and the President ority to payment of social security benefits and pay- from receiving pay during Government shutdowns, ment of all obligations on the debt held by the pub- lic in the event that the debt limit is reached. and the bill was then passed. Pages S1051–52 Pages S1032–33 Read Across America Day: Senate agreed to S. Pending: Res. 83, designating March 2, 2011, as ‘‘Read Leahy Amendment No. 114, to improve the bill. Across America Day’’. Page S1075 Page S1030 Expressing Support for Sri Lanka: Senate agreed Bennet Amendment No. 116, to reduce the fee to S. Res. 84, expressing support for internal re- amounts paid by small entities requesting prioritized building, resettlement, and reconciliation within Sri examination under Three-Track Examination. Lanka that are necessary to ensure a lasting peace. Page S1030 Page S1075 Bennet Amendment No. 117, to establish addi- Condemning the Human Rights Violations in tional USPTO satellite offices. Page S1030 Libya: Senate agreed to S. Res. 85, strongly con- Lee Amendment No. 115, to express the sense of demning the gross and systematic violations of the Senate in support of a balanced budget amend- human rights in Libya, including violent attacks on ment to the Constitution. Page S1030 protesters demanding democratic reforms. Kirk/Pryor Amendment No. 123, to provide a fast Pages S1075–76 lane for small businesses within the U.S. Patent and Measures Considered: Trademark Office to receive information and support Patent Reform Act—Agreement: Senate contin- regarding patent filing issues. Pages S1033–34 ued consideration of S. 23, to amend title 35, Menendez Amendment No. 124, to provide for United States Code, to provide for patent reform, prioritized examination for technologies important to taking action on the following amendments proposed American competitiveness. Pages S1052–53 thereto: Pages S1030–51, S1052–53 D164

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D01MR1.REC D01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D165 A unanimous-consent agreement was reached pro- DEFENSE AUTHORIZATION REQUEST AND viding for further consideration of the bill, upon dis- FUTURE YEARS DEFENSE PROGRAM position of H.J. Res. 44, on Wednesday, March 2, Committee on Armed Services: Committee concluded 2011. Page S1076 open and closed hearings to examine U.S. Special Further Continuing Appropriations—Agree- Operations Command and U.S. Central Command in ment: A unanimous-consent agreement was reached review of the Defense Authorization request for fiscal providing that at 11 a.m., on Wednesday, March 2, year 2012 and the Future Years Defense Program, 2011, Senate begin consideration of H.J. Res. 44, after receiving testimony from Admiral Eric T. making further continuing appropriations for fiscal Olson, USN, Commander, United States Special Op- year 2011; that the Senate then vote on passage of erations Command, and General James N. Mattis, the resolution, with no intervening action or debate; USMC, Commander, U.S. Central Command, both provided further, that the cloture motion on the mo- of the Department of Defense. tion to proceed to H.R. 359, be vitiated. Page S1075 BUSINESS MEETING Messages from the House: Pages S1057–58 Committee on Armed Services: Committee adopted its Measures Referred: Page S1058 rules of procedure for the 112th Congress. Measures Placed on the Calendar: SEMIANNUAL MONETARY POLICY REPORT Pages S1023, S1058 Committee on Banking, Housing, and Urban Affairs: Executive Communications: Pages S1058–60 Committee concluded a hearing to examine The Semiannual Monetary Policy Report to the Congress, Additional Cosponsors: Pages S1060–61 after receiving testimony from Ben Bernanke, Chair- Statements on Introduced Bills/Resolutions: man, Board of Governors of the Federal Reserve Sys- Pages S1061–70 tem. Additional Statements: Pages S1056–57 DEPARTMENT OF EDUCATION BUDGET Amendments Submitted: Pages S1070–74 Committee on the Budget: Committee concluded a hear- Notices of Hearings/Meetings: Page S1074 ing to examine the President’s proposed budget re- Authorities for Committees to Meet: quest for fiscal year 2012 for the Department of Pages S1074–75 Education, after receiving testimony from Arne Dun- can, Secretary of Education. Record Votes: Two record votes were taken today. (Total—28) Pages S1050, S1050–51 BUSINESS MEETING Adjournment: Senate convened at 10 a.m. and ad- Committee on Commerce, Science, and Transportation: journed at 6:32 p.m., until 9:30 a.m. on Wednes- Committee announced the following subcommittee day, March 2, 2011. (For Senate’s program, see the assignments for the 112th Congress: remarks of the Acting Majority Leader in today’s Subcommittee on Aviation Operations, Safety, and Secu- Record on page S1076.) rity: Senators Cantwell (Chair), Inouye, Boxer, Nel- son (FL), Lautenberg, Klobuchar, Udall (NM), War- ner, Begich, DeMint, Ensign, Thune, Wicker, Committee Meetings Isakson, Blunt, Boozman, and Toomey. Subcommittee on Communications, Technology, and the (Committees not listed did not meet) Internet: Senators Kerry (Chair), Inouye, Boxer, Nel- son (FL), Cantwell, Lautenberg, Pryor, McCaskill, APPROPRIATIONS: DEPARTMENT OF Klobuchar, Udall (NM), Warner, Begich, Ensign, DEFENSE Snowe, DeMint, Thune, Wicker, Isakson, Blunt, Boozman, Toomey, Rubio, and Ayotte. Committee on Appropriations: Subcommittee on Defense Subcommittee on Competitiveness, Innovation, and Ex- concluded a hearing to examine the impacts of a port Promotion: Senators Klobuchar (Chair), Kerry, long-term continuing resolution on the Department Cantwell, Pryor, Udall (NM), Warner, Begich, of Defense and proposed budget estimates for fiscal Blunt, Ensign, DeMint, Thune, Boozman, and year 2012 for the Department of Defense, after re- Ayotte. ceiving testimony from William J. Lynn, III, Deputy Subcommittee on Consumer Protection, Product Safety, Secretary, and Robert F. Hale, Under Secretary, and Insurance: Senators Pryor (Chair), Kerry, Boxer, Comptroller, Chief Financial Officer, both of the De- McCaskill, Klobuchar, Udall (NM), Wicker, Ensign, partment of Defense. Thune, Boozman, and Toomey.

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D01MR1.REC D01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D166 CONGRESSIONAL RECORD — DAILY DIGEST March 1, 2011 Subcommittee on Oceans, Atmosphere, Fisheries, and Stanford University Center for International Security Coast Guard: Senators Begich (Chair), Inouye, Kerry, and Cooperation, Stanford, California. Nelson (FL), Cantwell, Lautenberg, Klobuchar, War- ner, Snowe, Ensign, Wicker, Isakson, Boozman, GENERAL SERVICES ADMINISTRATION’S Rubio, and Ayotte. HEARTLAND REGION Subcommittee on Science and Space: Senators Nelson Committee on Homeland Security and Governmental Af- (FL) (Chairman), Inouye, Kerry, Cantwell, Pryor, fairs: Ad Hoc Subcommittee on Contracting Over- Warner, Boozman, Ensign, Wicker, Rubio, and sight concluded a hearing to examine public rela- Ayotte. tions contracts at the General Services Administra- Subcommittee on Surface Transportation and Merchant tion’s Heartland Region, after receiving testimony Marine Infrastructure, Safety, and Security: Senators from Brian D. Miller, Inspector General, Martha Lautenberg (Chair), Inouye, Kerry, Boxer, Cantwell, Johnson, Administrator, and Robert Peck, Commis- Pryor, McCaskill, Klobuchar, Udall (NM), Warner, sioner, and Mary Ruwwe, Regional Commissioner, Begich, Thune, Ensign, DeMint, Wicker, Isakson, Heartland Region, both of the Public Buildings Blunt, Boozman, Toomey, Rubio, and Ayotte. Service, all of the General Services Administration. Senators Rockefeller and Hutchison are ex officio mem- BUSINESS MEETING bers of each subcommittee. Committee on Rules and Administration: Committee or- TAX POLICY dered favorably reported an original resolution au- Committee on Finance: Committee concluded a hearing thorizing expenditures by committees of the Senate to examine changes in the law and tax environment for the periods March 1, 2011, through September since the Tax Reform Act of 1986, after receiving 30, 2011, and October 1, 2011, through February testimony from Fred T. Goldberg, Jr., Jonathan Tal- 28, 2013. isman, Mark A. Weinberger, Pamela F. Olson, and Eric Solomon, all former Assistant Secretary of the DISABLED AMERICAN VETERANS Treasury for Tax Policy. Committee on Veterans’ Affairs: Committee concluded a joint hearing with the House Committee on Vet- NORTH KOREAN PROVOCATIONS erans’ Affairs to examine a legislative presentation Committee on Foreign Relations: Committee concluded from Disabled American Veterans, after receiving a hearing to examine breaking the cycle of North testimony from Wallace E. Tyson, Washington, Korean provocations, after receiving testimony from D.C., and Joseph A. Violante, Fayetteville, North Stephen W. Bosworth, Special Representative for Carolina, both of Disabled American Veterans. North Korea Policy, and Kurt Campbell, Assistant Secretary for East Asian and Pacific Affairs, both of BUSINESS MEETING the Department of State; L. Gordon Flake, Maureen Select Committee on Intelligence: Committee met in and Mike Mansfield Foundation, and Marcus closed session to consider pending intelligence mat- Noland, Peterson Institute for International Econom- ters. ics, both of Washington, D.C.; and Robert Carlin, Committee recessed subject to the call. h House of Representatives way Trust Fund pending enactment of a multiyear Chamber Action law reauthorizing such programs (H. Rept. 112–20) Public Bills and Resolutions Introduced: 22 pub- and lic bills, H.R. 845–866; and 6 resolutions, H.Res. H. Res. 129, providing for consideration of the 130–135 were introduced. Pages H1454–55 bill (H.R. 4) to repeal the expansion of information Additional Cosponsors: Page H1456 reporting requirements for payments of $600 or Reports Filed: Reports were filed today as follows: more to corporations, and for other purposes (H. Rept. 112–21). Page H1454 H. Res. 128, providing for consideration of the bill (H.R. 662) to provide an extension of Federal- Speaker: Read a letter from the Speaker wherein he aid highway, highway safety, motor carrier safety, appointed Representative Webster to act as Speaker transit, and other programs funded out of the High- pro tempore for today. Page H1393

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D01MR1.REC D01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 1, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D167 Recess: The House recessed at 11:28 a.m. and re- ENERGY AND WATER DEVELOPMENT convened at 12 noon. Page H1402 Committee on Appropriations: Subcommittee on Energy Chaplain: The prayer was offered by the guest chap- and Water Development, and Related Agencies Ap- lain, Pastor Alisa Lasater Wailoo, Capitol Hill propriations held a hearing on the Department of United Methodist Church, Washington, DC. Energy Weapons Activities FY 2012 Budget Re- Pages H1402–03 quest. Testimony was heard from Thomas Journal: The House agreed to the Speaker’s approval D’Agostino, Under Secretary for Nuclear Security; of the Journal by voice vote. Page H1403 Donald L. Cook, Deputy Administrator for Defense Programs; and Brig. Gen. Sandra E. Finan, Principal Further Continuing Appropriations Amend- Assistant Deputy Administrator for Military Appli- ments, 2011: The House passed H.J. Res. 44, mak- cation. ing further continuing appropriations for fiscal year 2011, by a recorded vote of 335 ayes to 91 noes, FINANCIAL SERVICES AND GENERAL Roll No. 154. Pages H1406–28 GOVERNMENT Rejected the Keating motion to recommit the Committee on Appropriations: Subcommittee on Finan- joint resolution to the Committee on Appropriations cial Services and General Government Appropria- with instructions to report the same back to the tions held a hearing on FY 2012 Budget. Testimony House forthwith with amendments, by a yea-and-nay was heard from Douglas H. Shulman, Commissioner, vote of 176 yeas to 249 nays, Roll No. 153. IRS. Pages H1426–27 H. Res. 115, the rule providing for consideration INTERIOR, ENVIRONMENT of the resolution, was agreed to by a yea-and-nay Committee on Appropriations: Subcommittee on Inte- vote of 251 yeas to 170 nays, Roll No. 152, after rior, Environment, and Related Agencies Appropria- the previous question was ordered by a yea-and-nay tions held a hearing on Major Management Chal- vote of 241 yeas to 179 nays, Roll No. 151. lenges at the Department of the Interior. Testimony Pages H1406–15 was heard from Anu Mittal, Director, Natural Re- Senate Message: Message received from the Senate sources and Environment, GAO; Frank Rusco, Direc- today appears on pages H1403–04. tor, Natural Resources and Environment, GAO; and Senate Referrals: S. Con. Res. 8 was referred to the Mary L. Kendall, Acting Inspector General, Depart- ment of the Interior. Committee on Armed Services. Page H1452 Quorum Calls—Votes: Three yea-and-nay votes INTERIOR, ENVIRONMENT and one recorded vote developed during the pro- Committee on Appropriations: Subcommittee on Inte- ceedings of today and appear on pages H1414, rior, Environment, and Related Agencies Appropria- H1414–15, H1427, H1427–28. There were no tions held a hearing on Major Management Chal- quorum calls. lenges at the U.S. Forest Service. Testimony was Adjournment: The House met at 10 a.m. and ad- heard from Anu Mittal, Director, Natural Resources journed at 8 p.m. and Environment, GAO; and Phyllis K. Fong, In- spector General, Department of Agriculture. Committee Meetings FY 2012 BUDGET Committee on Armed Services: Held a hearing on the FY AGRICULTURE, RURAL DEVELOPMENT, 2012 national defense authorization budget request FDA from the Department of the Navy. Testimony was Committee on Appropriations: Subcommittee on Agri- heard from Ray Maybus, Secretary of the Navy; culture, Rural Development, FDA, and Related ADM Gary Roughhead, Chief of Naval Operations, Agencies Appropriations held a hearing on FY 2012 USN; and Gen. James F. Amos, Commandant, Budget Request. Testimony was heard from Tom USMC. Vilsack, Secretary of Agriculture. FY 2012 BUDGET COMMERCE, JUSTICE, SCIENCE Committee on Armed Services: Subcommittee on Emerg- Committee on Appropriations: Subcommittee on Com- ing Threats and Capabilities held a hearing on the merce, Justice, Science and Related Agencies Appro- FY 2012 national defense authorization budget re- priations held a hearing on FY 2012 Budget Re- quest for the Department of Defense Science and quest. Testimony was heard from Eric Holder, At- Technology programs. Testimony was heard from torney General, Department of Justice. Zachary J. Lemnios, Director, Defense Research and

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the amendments printed in the Rules Committee re- COMMITTEE MEETINGS FOR WEDNESDAY, port accompanying the resolution, if offered by Rep- MARCH 2, 2011 resentative Mica of Florida, or his designee, which shall be considered as read, shall be debatable for 10 (Committee meetings are open unless otherwise indicated) minutes equally divided and controlled by the pro- ponent and an opponent, and shall not be subject to Senate a demand for division of the question. The rule waives all point of order against the amendment Committee on Appropriations: Subcommittee on Depart- printed in the report. Finally, the rule provides one ment of Homeland Security, to hold hearings to examine proposed budget estimates for fiscal year 2012 for the motion to recommit with or without instructions. Department of Homeland Security, 10 a.m., SD–138. Testimony was heard from Chairman Mica. Subcommittee on State, Foreign Operations, and Re- lated Programs, to hold hearings to examine proposed SMALL BUSINESS PAPERWORK MANDATE budget estimates for fiscal year 2012 for the Department ACT OF 2011 of State and Foreign Operations, 2 p.m., SD–192. Committee on the Budget: To hold hearings to examine Committee on Rules: The Committee granted, by voice the President’s proposed budget request for fiscal year vote, a structured rule. The rule waives all points of 2012 for the Department of Energy, 10 a.m., SD–608. order against consideration of the bill. The rule pro- Committee on Commerce, Science, and Transportation: To vides that the bill shall be considered as read. The hold hearings to examine the future of American manu- rule waives all points of order against provisions in facturing, focusing on maintaining America’s competitive the bill. The rule provides one hour of debate equal- edge, 10 a.m., SR–253. ly divided and controlled by the chair and ranking Committee on Energy and Natural Resources: To hold hear- minority member of the Committee on Transpor- ings to examine the President’s proposed budget request tation and Infrastructure. The rule makes in order for fiscal year 2012 for the Department of the Interior, 10 a.m., SD–366. the amendments printed in the Rules Committee re- Committee on Environment and Public Works: To hold port accompanying the resolution, if offered by Rep- hearings to examine the President’s proposed budget re- resentative Mica of Florida, or his designee, which quest for fiscal year 2012 for the Environmental Protec- shall be considered as read, shall be debatable for 10 tion Agency, 2:30 p.m., SD–406. minutes equally divided and controlled by the pro- Committee on Finance: To hold hearings to examine pre- ponent and an opponent, and shall not be subject to venting health care fraud, focusing on new tools and ap- a demand for division of the question. The rule proaches to combat old challenges, 10 a.m., SD–215. waives all point of order against the amendment Committee on Foreign Relations: To hold hearings to ex- amine national security and foreign policy priorities in printed in the report. Finally, the rule provides one the fiscal year 2012 International Affairs Budget, 9:30 motion to recommit with or without instructions. a.m., SD–106. Testimony was heard from Chairman Camp; Rep. Committee on Health, Education, Labor, and Pensions: To Levin; and Rep. Crowley. hold hearings to examine improving employment oppor- tunities for people with intellectual disabilities, 10 a.m., FY 2012 BUDGET SD–430. Committee on Homeland Security and Governmental Affairs: Committee on Transportation and Infrastructure: Sub- To hold hearings to examine eliminating bottlenecks, fo- committee on Coast Guard and Maritime Transpor- cusing on streamlining the nominations process, 10 a.m., tation held a hearing on a Review of the Adminis- SD–342. tration’s FY 2012 Budget Requests for the U.S. Subcommittee on Federal Financial Management, Gov- Coast Guard, Federal Maritime Commission, and ernment Information, Federal Services, and International Federal Maritime Administration; Finding Ways to Security, to hold hearings to examine preventing abuse of do More with Less. Testimony was heard from ADM the Military’s Tuition Assistance Program, 2:30 p.m., Robert J. Papp, Jr., Commandant, USCG; Michael SD–342. Committee on the Judiciary: To hold hearings to examine P. Leavitt, Master Chief Petty Officer, USCG; Rich- helping law enforcement find missing children, 10 a.m., ard A. Lidinsky, Jr., Chairman, Federal Maritime SD–226. Commission; and David T. Matsuda, Administrator, Full Committee, to hold hearings to examine the Maritime Administration. nominations of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit, Kevin Hunter Sharp, to be United States District Judge for the Middle Joint Meetings District of Tennessee, Roy Bale Dalton, Jr., to be United No joint committee meetings were held. States District Judge for the Middle District of Florida, and Claire C. Cecchi, and Esther Salas, both to be United

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States District Judge for the District of New Jersey, 2:45 Committee on Financial Services, hearing on monetary pol- p.m., SD–226. icy and the state of the economy, 10 a.m., 2128 Rayburn. Committee on Veterans’ Affairs: To hold hearings to ex- Subcommittee on Financial Institutions and Consumer amine the President’s proposed budget request for fiscal Credit, hearing entitled ‘‘The Effect of Dodd-Frank on year 2012, 10:30 a.m., SR–418. Small Financial Institutions and Small Businesses,’’ 2 Special Committee on Aging: To hold hearings to examine p.m., 2128 Rayburn. ending elder abuse, neglect and financial exploitation, 2 Subcommittee on Insurance, Housing and Community p.m., SD–106. Opportunity, hearing entitled ‘‘Legislative Proposals to End Taxpayer Funding for Ineffective Foreclosure Mitiga- House tion Programs,’’ 2 p.m., 2220 Rayburn. Committee on Homeland Security, Subcommittee on Committee on Appropriations, Subcommittee on Agri- Counterterrorism and Intelligence, hearing entitled ‘‘Ter- culture, Rural Development, FDA, and Related Agencies rorist Threat to the U.S. Homeland—Al Qaeda in the Appropriations, on FY 2012 Budget Request, 10 a.m., Arabian Peninsula (AQAP),’’ 10 a.m., 311 Cannon. 2362–A Rayburn. Committee on House Administration, continued hearing on Subcommittee on Commerce, Justice, Science, and Re- Committee Funding for the 112th Congress, 10:30 a.m., lated Agencies Appropriations, on Patent and Trademark 1310 Longworth. Office FY 2010 Budget Request, 10 a.m., H–309 Cap- Committee on Natural Resources, Subcommittee on Fish- itol. eries, Wildlife, Oceans, and Insular Affairs, oversight Subcommittee on Defense, on Department of Defense hearing on the Department of the Interior spending for Budget Review, 10 a.m., 2359 Rayburn. the U.S. Fish and Wildlife Service and the Office of Insu- Subcommittee on Energy and Water Development, and lar Affairs and the President’s Fiscal Year 2012 budget Related Agencies Appropriations, on Department of En- request for the U.S. Fish and Wildlife Service and the Of- ergy, Defense Nuclear Nonproliferation and Naval Reac- fice of Insular Affairs, 10 a.m., 1334 Longworth. tors FY 2012 Budget Requests, 10 a.m., 2362–B Ray- Subcommittee on Water and Power, oversight hearing burn. on examining the spending, priorities and the missions of Subcommittee on Financial Services and General Gov- the Bureau of Reclamation and the U.S. Geological Sur- ernment Appropriations, on Election Assistance Commis- vey’s Water Resources program, 10 a.m., 1324 Long- sion, 10 a.m., H–140 Capitol. worth. Subcommittee on Homeland Security Appropriations, Committee on Oversight and Government Reform, Sub- on Department of Homeland Security, 2 p.m., 2359 Ray- committee on National Security, Homeland Defense, and burn. Foreign Operations, hearing on U.S. Military Leaving Subcommittee on Interior, Environment, and Related Iraq: Is the State Department Ready? 9:30 a.m., 2154 Agencies Appropriations, on Major Management Chal- Rayburn. lenges at the EPA, 9:30 a.m., B–308 Rayburn. Subcommittee on Federal Workforce, U.S. Postal Serv- Subcommittee on Military Construction, Veterans Af- ice and Labor Policy, hearing on Pushing the Envelope: fairs, and Related Agencies Appropriations, on FY 2012 The Looming Crisis at USPS, 1:30 p.m., 2154 Rayburn. Budget Request, 2 p.m., H–140 Capitol. Committee on Science, Space, and Technology, hearing on Committee on Armed Services, hearing on the FY 2012 na- the National Aeronautics and Space Administration FY tional defense authorization budget request from the De- 2012 Budget Request, 10 a.m., 2318 Rayburn. partment of the Army, 10 a.m., 2118 Rayburn. Committee on Small Business, hearing on the Small Busi- Subcommittee on Strategic Forces, hearing on the sta- ness Administration FY 2012 Budget Request, 1 p.m., tus of U.S. Strategic Forces, 3:30 p.m., 2118 Rayburn. 2360 Rayburn. Committee on Energy and Commerce, Subcommittee on Committee on Transportation and Infrastructure, Sub- Communications and Technology, to mark up H.J. Res. committee on Water Resources and Environment, hearing 37, Disapproving the rule submitted by the Federal Com- on Review of the FY 2010 Budget and Priorities of the munications Commission with respect to regulating the Environmental Protection Agency: Impacts on Jobs, Lib- Internet and broadband industry practices, 9:30 a.m., erty, and the Economy, 10 a.m., 2167 Rayburn. 2123 Rayburn. Committee on Ways and Means, Subcommittee on Over- Subcommittee on Oversight and Investigations, hearing sight, to continue to meet for organizational purposes, entitled ‘‘Waste, Fraud, and Abuse: A Continuing Threat and to hold a hearing on Improving Efforts to Combat to Medicare and Medicaid,’’ 10 a.m., 2322 Rayburn. Health Care Fraud, 2 p.m., 1100 Longworth.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED TWELFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 5 through February 28, 2011 January 5 through February 28, 2011

Senate House Total Civilian nominations, totaling 162, disposed of as follows: Days in session ...... 17 21 . . Confirmed ...... 8 Time in session ...... 115 hrs., 45′ 162 hrs., 56′ .. Congressional Record: Unconfirmed ...... 154 Pages of proceedings ...... 1,022 1,392 . . Extensions of Remarks ...... 380 . . Other Civilian nominations, totaling 383, disposed of as follows: Public bills enacted into law ...... 1 2 3 Private bills enacted into law ...... Unconfirmed ...... 383 Bills in conference ...... Measures passed, total ...... 50 48 98 Senate bills ...... 5 1 . . Air Force nominations, totaling 448, disposed of as follows: House bills ...... 2 10 . . Unconfirmed ...... 448 Senate joint resolutions ...... House joint resolutions ...... Senate concurrent resolutions ...... 5 2 . . Army nominations, totaling 211, disposed of as follows: House concurrent resolutions ...... 2 3 . . Simple resolutions ...... 36 32 . . Unconfirmed ...... 211 Measures reported, total ...... *21 *18 39 Senate bills ...... 3 . . . . Navy nominations, totaling 80, disposed of as follows: House bills ...... 7 . . Senate joint resolutions ...... Unconfirmed ...... 80 House joint resolutions ...... Senate concurrent resolutions ...... House concurrent resolutions ...... Marine Corps nominations, totaling 1,240, disposed of as follows: Simple resolutions ...... 18 11 . . Unconfirmed ...... 1,240 Special reports ...... 1 . . Conference reports ...... Measures pending on calendar ...... 11 4 . . Measures introduced, total ...... 517 1,025 1,542 Summary Bills ...... 421 831 .. Total nominations carried over from the First Session ...... 0 Joint resolutions ...... 9 44 . . Total nominations received this Session ...... 2,524 Concurrent resolutions ...... 8 23 . . Total confirmed ...... 8 Simple resolutions ...... 79 127 . . Quorum calls ...... 1 2 . . Total unconfirmed ...... 2,516 Yea-and-nay votes ...... 26 35 . . Total withdrawn ...... 0 Recorded votes ...... 112 . . Total returned to the White House ...... 0 Bills vetoed ...... Vetoes overridden ......

*These figures include all measures reported, even if there was no accom- panying report. A total of 1 written report has been filed in the Senate, 19 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 2 10 a.m., Wednesday, March 2

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 662— morning business (not to extend beyond 11 a.m.), Senate Surface Transportation Extension Act of 2011 (Subject to will begin consideration of H.J. Res. 44, Further Con- a Rule). Begin consideration of H.R. 4—Small Business tinuing Appropriations, and vote on passage of the reso- Paperwork Mandate Elimination Act of 2011 (Subject to lution at approximately 11 a.m. Upon disposition of H.J. a Rule). Res. 44, Senate will continue consideration of S. 23, Pat- ent Reform Act.

Extensions of Remarks, as inserted in this issue

HOUSE Grimm, Michael G., N.Y., E381 Schwartz, Allyson Y., Pa., E386 Harper, Gregg, Miss., E386 Speier, Jackie, Calif., E386, E387 Ackerman, Gary L., N.Y., E383 Hensarling, Jeb, Tex., E385 Thompson, Bennie G., Miss., E389 Bishop, Timothy H., N.Y., E381 Hirono, Mazie K., Hawaii, E383, E387, E390 Tipton, Scott R., Colo., E381, E382, E383, E383, E384 Buchanan, Vern, Fla., E384 Jackson Lee, Sheila, Tex., E381 Van Hollen, Chris, Md., E391 Cohen, Steve, Tenn., E389 Jordan, Jim, Ohio, E382 Costello, Jerry F., Ill., E384 Kucinich, Dennis J., Ohio, E387, E388, E390 Visclosky, Peter J., Ind., E384, E385 DeLauro, Rosa L., Conn., E385 Maloney, Carolyn B., N.Y., E386, E388 Wasserman Schultz, Debbie, Fla., E388 Farenthold, Blake, Tex., E383 Moran, James P., Va., E382 Whitfield, Ed, Ky., E385 Filner, Bob, Calif., E382, E383, E391 Roskam, Peter J., Ill., E385 Wittman, Robert J., Va., E386 Forbes, J. Randy, Va., E387 Sanchez, Loretta, Calif., E388

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