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

Vol. 158 WASHINGTON, TUESDAY, APRIL 17, 2012 No. 55 House of Representatives The House met at 10 a.m. and was would choose to highlight the scourge hunger bill. In 2010 it cost every citizen called to order by the Speaker pro tem- of hunger with its first documentary. $542 due to the far-reaching con- pore (Mr. FLEISCHMANN). That’s because food is at the heart of sequences of hunger in our Nation. At f the problem. the household level, the hunger bill While 435 Members of Congress and came to at least $1,410 in 2010. And be- DESIGNATION OF SPEAKER PRO 100 Senators will never have to worry cause our $167.5 billion estimate is TEMPORE about going hungry, there are nearly 49 based on a cautious methodology, the The SPEAKER pro tempore laid be- million people who struggle each year actual cost of hunger and food insecu- fore the House the following commu- to put food on their table; 17 million rity to our Nation is probably higher.’’ nication from the Speaker: kids each year go hungry in America, That’s a lot of money—$167.5 billion. WASHINGTON, DC, and those numbers are getting worse, It’s a staggering amount. Yet, we con- April 17, 2012. not better. tinue to ignore those costs and allow I hereby appoint the Honorable CHARLES J. The Food Network aired this docu- hunger to grow in America. FLEISCHMANN to act as Speaker pro tempore mentary because of the hard work of We know that hunger would be even on this day. good people at Share Our Strength. Led worse in this country if it weren’t for JOHN A. BOEHNER, programs like the Supplemental Nutri- Speaker of the House of Representatives. by my good friend, Billy Shore, Share Our Strength is a leader in the fight to tional Assistance Program, or SNAP, f end child hunger, and this effort the school meal programs and other MORNING-HOUR DEBATE wouldn’t be where it is today without Federal anti-hunger programs. These programs are literally a lifeline for The SPEAKER pro tempore. Pursu- them. We have more than enough food in millions of hungry children, parents, ant to the order of the House of Janu- and seniors. America to feed everyone. We also have ary 17, 2012, the Chair will now recog- I believe that we can end hunger in nize Members from lists submitted by the delivery systems to ensure that America if we muster the political will the majority and minority leaders for food gets to those people who need it. to do so. Fighting hunger has tradi- morning-hour debate. The problem is politics. We have the tionally been a bipartisan effort. Un- The Chair will alternate recognition means, the food, and the programs to fortunately, the Republican leadership between the parties, with each party ensure that not one person goes with- in this House is pushing an agenda that limited to 1 hour and each Member out food in this country. will actually make hunger worse in other than the majority and minority What we lack, Mr. Speaker, is the po- America. leaders and the minority whip limited litical will to actually make it happen. Tomorrow the Agriculture Com- to 5 minutes each, but in no event shall We should remember that while there mittee will mark up legislation that debate continue beyond 11:50 a.m. is a cost to ending hunger, the cost of cuts $33 billion from the most impor- f doing nothing is so much more. Ac- tant anti-hunger program we have in cording to a report from the Center for this country. SNAP is a program that HUNGER HITS HOME American Progress and Brandeis Uni- not only provides food to low-income The SPEAKER pro tempore. The versity, hunger costs America more parents, seniors, and children; it also Chair recognizes the gentleman from than $261 billion each year. That’s bil- provides a most effective form of eco- Massachusetts (Mr. MCGOVERN) for 5 lion with a ‘‘b.’’ nomic stimulus, and it actually re- minutes. Specifically, hunger costs ‘‘at least duces poverty. Mr. MCGOVERN. Mr. Speaker, this $167.5 billion due to the combination of Yet, the Republican leadership con- past Saturday the Food Network lost economic productivity per year, tinues to demagogue the program as premiered their first-ever documentary more expensive public education be- wasteful, as fraudulent, and as some- called ‘‘Hunger Hits Home.’’ This pow- cause of the rising costs of poor edu- thing that is growing out of control. erful program showed the struggle that cation outcomes, avoidable health care But nothing could be further from the millions of Americans go through just costs, and the cost of charity to keep truth. In fact, SNAP is among the most to put food on their tables. I urge my families fed. This $167.5 billion does not effective and efficient Federal pro- colleagues, indeed, all Americans, to include the cost of the Supplemental grams. The truth is that the SNAP watch it by going to foodnetwork.com Nutrition Assistance Program and the error rate is around 3 percent. That and searching for ‘‘Hunger Hits Home.’’ other key Federal nutrition programs, error rate includes people who do not It’s fitting that the Food Network, a which run at about $94 billion a year. receive the benefit that they’re actu- cable network that focuses on cooking, We call this $167.5 billion America’s ally entitled to. I challenge anyone to

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 04:28 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.000 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1850 CONGRESSIONAL RECORD — HOUSE April 17, 2012 find me a Defense Department program years, started a small business when he plex, and inefficient. It costs over $160 with an error rate as low as 3 percent. got out of the Marine Corps, and made billion a year for Americans just to I look forward to the time when the the decision that, you know what, he comply with the Tax Code. Republican leadership stops using hun- wants to go continue to serve and pro- The path forward should be simple. ger as a wedge issue and lets this be- tect his country. First, we should stop making the code come a bipartisan issue once again. Now, I flew missions with Uzi. He was more complex, which, sadly, the Re- I understand that we need to balance on board my aircraft as we went down publican plan working its way forward the budget, Mr. Speaker. But must it and we assisted Border Patrol. And the will do with $50 billion of additional be on the backs of the poor and the one thing Uzi said to me is, Congress- unfocused tax breaks. At least if we’re most vulnerable in our country? man, look, we’re out here every day in going to borrow another $50 billion ‘‘Hunger Hits Home,’’ this wonderful the heat and the sweltering sun trying from the Chinese, we should use it to film, shows us the problem facing this to continue to protect this country. fund job-creating infrastructure. For Nation. The challenge is presented to Make sure you give us what we need instance, that $50 billion would enable us. Are we going to end hunger once here. us to fund a multiyear transportation and for all or not? And when you hear the stories about reauthorization. So far the answer from the Repub- how hamstrung they are from actually We should also repeal the pernicious lican leadership is a resounding ‘‘no,’’ enforcing the border, and how there are alternative minimum tax. It was once and I regret very much that decision. many tools available to them that designed as a tax on very rich people Mr. Speaker, hunger is a political they’re not allowed to use, it’s actually who didn’t pay taxes. Today, no bil- condition. If we muster the political pretty sad. lionaire hedge fund manager pays the will, we can end it once and for all. Now, look. We want to be a Nation of alternative minimum tax. Instead, it falls on upper middle-income families, f immigration. We want to be a Nation of legal immigration. But one thing we especially those who pay a lot of taxes. SECURING OUR BORDERS Every year we find some creative don’t want to be is a Nation that wakes way to avoid the consequence of it not The SPEAKER pro tempore. The up one day and finds out that there was being indexed for inflation. Every year Chair recognizes the gentleman from another terrorist attack in a major we find some way to have a fix, to have Illinois (Mr. KINZINGER) for 5 minutes. United States city and that, poten- Mr. KINZINGER of Illinois. Mr. a patch to avoid the alternative min- tially, that weapon of mass destruction imum tax’s full impact. Unless some- Speaker, I want to just say before I ac- or those terrorists actually came in tually get started, we just saw the how there is a complete breakdown in through an unsecure border with Mex- the political process, which, sadly, is space shuttle fly over on the back of a ico. 747, and I salute the end of an amazing not impossible, as we saw this last year I went down there really believing with the FAA reauthorization. If that era in space exploration, and I look for- that there was a fence along the line, ward to the next day of NASA being were to happen, then at least the full and I saw nothing of the kind in south- fury of 20 to 30 million of upper middle- able to talk about space exploration ern Texas. and how we’re going to get out there so income and middle-income households we won’t have to rely on Russians to b 1010 who would be forced to pay it—they get to space to continue to do what I Let’s tell the American people the would force it to be repealed. We should combine the alternative think is a very important role of the truth. The truth is, we want to be a Na- minimum tax repeal with the imposi- Federal Government. tion that respects immigration because tion of the so-called ‘‘Buffett Rule,’’ I was in Houston—I actually went most of us here actually are immi- where millionaires at least pay as through the NASA center there about 3 grants removed ourselves, but we want much as the people who answer their or 4 days ago—but I was in Houston for to be a Nation that has a legal process phones and drive them to work. This military duty. I am a pilot in the Air to do it. When we have an open border, will get back to the original intent of National Guard. I fly an airplane called we’re encouraging people to go around the alternative minimum tax but in a a RC–26, which is a reconnaissance that legal process, and we’re opening way that simplifies the Tax Code rath- plane. I did 9 days of duty. And what ourselves up to attack. er than further complicating it. we did is we were in Texas flying mis- Let’s stand together. Let’s say to re- We should stop the dangerous prac- sions on the border of Mexico in order spect the immigration and the immi- tice of suspending some of the payroll to help the Border Patrol secure that grant history of this country, but let’s tax in the name of economic stimulus. border, to ensure that those people do it in a legal way. My eyes were We are uncomfortably close to desta- that want to come in here come in here opened, as I did military duty on the bilizing the long-term funding mecha- legally and, just as importantly, if not border, to the fact that we have a long nism for Social Security. Instead of the more importantly, to ensure that the way to go. This can be a bipartisan payroll tax cut, let’s target a tax credit drug trade is not being brought into issue—it doesn’t need to be Republican for lower and middle-income families our country, to reduce the amount of versus Democrat—but it needs to be that will be fair, affordable, and help drugs being brought in from Mexico, as something that we actually finally do, nurture our fragile economic recovery well as to ensure that terrorists are not and we stand together and we say we’ll without threatening the long-term So- making their way through the border be a Nation that is safe once and for cial Security stability. by sneaking in through that border of all. We should target for elimination tax Mexico. f breaks that are out of date, like the Now, before I went, I expected to see TAXES subsidy of oil that doesn’t reflect cur- a border that was basically secure be- rent production techniques or the re- cause that’s what I’ve been hearing The SPEAKER pro tempore. The ality of global petroleum markets. We from the administration, that the bor- Chair recognizes the gentleman from should instead protect subsidies that der is basically secure. Yeah, there are Oregon (Mr. BLUMENAUER) for 5 min- are key for our future, especially expir- examples of people coming across out- utes. ing renewable energy tax credits. We side of that but, for the most part, it’s Mr. BLUMENAUER. Mr. Speaker, should renew the section 1603 Treasury pretty good to go. Well, what I saw was today is the deadline for filing tax re- grant program, which reflects current something completely different. turns. Even though we were given 2 market realities and would actually be I’m going to tell you just a quick extra days this year, we are running less expensive than traditional tax story about somebody who’s on the out of time for the Tax Code. credits. border every day trying to protect this The tax system doesn’t generate On this tax day, we should look for country against drugs and against ter- enough money for what America needs some progress towards building mo- rorism coming through that border. and spends today. It’s getting more ex- mentum for real tax reform. The Rom- This guy is a Border Patrol agent affec- pensive every year to continue the ney-Republican House budget refuses tionately known as Uzi. Uzi is a former huge array of tax breaks even as the to identify any of the massive tax in- marine. He was a marine for about 5 code itself becomes more unfair, com- creases that will be necessary to meet

VerDate Mar 15 2010 04:28 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.002 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1851 their plan of even more tax cuts for the rial function that in the past has been this precedent is allowed to stand, no rich, and not increase the deficit. applied evenly and without regard to one’s freedom is safe. I bring these With $4 trillion in expiring tax provi- their political views. At least until facts to the attention of the House sions later this year, we should use now. It seems that Tea Party groups today and ask that they be rigorously some of that economic capacity to are today being treated very dif- investigated and, if found accurate, make the tax system more fair and ferently than their counterparts on the that those officials responsible be ex- simple while we reduce the debt. political left. For the last 2 years, posed, disgraced, dismissed, and The time to begin that process is many have been stonewalled by the debarred from any further position of now—not making the Tax Code more IRS when they sought to register as trust or power within our government. complex, not favoring those who need nonprofits. Most recently, they have f help the least, not risking long-term been barraged with increasingly ag- STAFFORD LOAN INTEREST RATES Social Security funding, and not bor- gressive and threatening demands vast- rowing for unfocused new tax relief. In- ly outside the legal authority of the The SPEAKER pro tempore. The stead, let’s deal with investments like IRS. Indeed, the only conceivable pur- Chair recognizes the gentleman from renewable energy and infrastructure. pose of some of these demands is to in- Vermont (Mr. WELCH) for 5 minutes. Let’s use some of this budget capacity timidate and harass. Mr. WELCH. Mr. Speaker, in 74 days, to reduce the overall corporate tax rate A Tea Party group in my district is this Congress may well hang a finan- while broadening the base and closing typical of the reports that we are now cial albatross around the necks of stu- loopholes. hearing across this country. This group dents and families across this country. Simpler, fairer, better for business. submitted articles of incorporation as That’s because, on July 1, student in- Let’s eliminate the tyranny of the al- a nonprofit to the State of California, terest rates are scheduled to go from ternative minimum tax, protect our and they received approval within a 3.4 percent to 6.8 percent, literally dou- energy future, and support renewables. month. But then they tried to register bling the interest costs that our kids There is a path forward, and we should as a nonprofit with the IRS. Despite re- and their parents are going to have to start on it now. What better way to peated and numerous inquiries, the IRS pay on their education. honor American taxpayers on filing stonewalled this group for a year and a We have got to find a way, Repub- day than getting serious with an agen- half, at which time it demanded thou- licans and Democrats, to work to- da that can actually be achieved, and sands of pages of documentation and gether and avoid this punishing inter- should be. gave the group less than 3 weeks to est rate increase on our students. This f produce it. is not about Republicans or Democrats. The IRS demanded the names of It’s not about red States or blue IRS HARASSMENT OF TEA PARTY every participant at every meeting States. It’s not about the 2012 elec- GROUPS held over the last 2 years, transcripts tions. It’s about the kids that we all The SPEAKER pro tempore. The of every speech given at those meet- represent. It’s about the parents that Chair recognizes the gentleman from ings, what positions they had taken on we all represent. California (Mr. MCCLINTOCK) for 5 min- issues, the names of their volunteers In my case in the State of Vermont, utes. and donors, and copies of communica- it’s about students like Michael Mr. MCCLINTOCK. Mr. Speaker, a tions they had with elected officials, McGurk, who is a freshman at the Uni- defining aspect of the American tradi- and on and on. Perhaps most chilling of versity of Vermont, and he literally tion is that groups of citizens band to- all, the organizer of this particular doesn’t know whether he’s going to be gether for a wide variety of civic pur- group soon found herself the object of a able to go on in college if the interest poses. They recruit volunteers, raise personal income tax audit by the IRS. rates double. It’s about parents like funds, and spend those funds to pro- Mr. Speaker, these are groups of vol- Ben Truman and Jennifer Wallace mote whatever project or cause brings unteers who pass the hat at meetings Brodeur, who last month were sitting them together. to pay for renting the hall. They give around the table with their son who For more than a century, our tax of their own time to research issues was about to go to college and are try- laws have recognized that such vol- and pay out of their own pockets for ing to put the pieces together to be untary associations—nonprofits as we printing flyers. The donations made to able to afford it. call them today—should not be taxed them aren’t tax deductible, so there is What this is also about is ground zero because their proceeds are devoted en- no legitimate purpose in asking for the for the middle class. This country faces tirely to improve our communities names of their donors, let alone of a very fundamental question: Are we a through education, advocacy, and civic their volunteers, unless—and this is country, are we a Congress that is action. Section 501 of the Internal Rev- the fine point of it—unless the purpose going to remain committed to expand- enue Code recognizes them today, and is to harass and intimidate. ing and broadening the middle class, civic groups as diverse as MoveOn.org, making it possible for low-income folks the League of Conservation Voters, the b 1020 to climb their way into the middle ACLU, the National Rifle Association, Ironically, the same tactics we now class, making it possible for folks in and various taxpayer groups have al- see used by the United States against the middle class to stay there? In order ways been included in this definition. tea parties were once used by the most to do that, we have to invest in the fu- We don’t apply a political test to abusive of the Southern States in the ture, and that means making it pos- these civic groups. We recognize the 1950s to intimidate civil rights groups sible, making it affordable, for our kids fundamental right of Americans to or- like the NAACP. to get the education they need to get ganize and to pool their resources to No such tactics have been reported that start. promote whatever causes they believe by similar civic groups on the political Student debt in this country is at a in, left or right. Indeed, whatever their left, so the conclusion is inescapable— crisis point. At $900 billion, student political persuasion, these civic groups that this administration is very clear- debt outpaces that of credit cards, out- perform an absolutely indispensable ly, very pointedly, and very delib- paces that of auto loans, and there is role in our democracy by raising public erately attempting to intimidate, har- no end in sight. In Vermont—and awareness, defining issues, educating ass, and threaten civic-minded groups again, this has nothing to do with what voters, promoting reforms, holding of- with which they disagree, using one of their political affiliation is—nearly 70 ficials accountable, and petitioning the most feared and powerful agencies percent of our college students grad- their government to redress griev- of the United States Government to do uate with a debt of about $30,000. ances. Abolition, women’s suffrage, the so. That’s real money. That’s more than civil rights movement—all would have Mr. Speaker, these facts speak for many of those students will make in been impossible without them. themselves. They need no embellish- their first years out of college. It’s a In order to be recognized as nonprofit ment or interpretation. They should tough job market, and entry level jobs groups, these organizations must reg- alarm every American of goodwill re- don’t pay a lot. Students are totally at ister with the IRS—a purely ministe- gardless of political philosophy, for if the mercy of a system that is out of

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.005 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1852 CONGRESSIONAL RECORD — HOUSE April 17, 2012 control. The average tuitions at 4-year Sometimes it gets a little bit ridicu- bad news is that Mr. Yondell Johnson public universities rose by over 8 per- lous when I look at all the money being was accosted and beaten on the streets cent last year, so costs are going up spent overseas, particularly in a coun- of Houston, Texas, simply because of even as student aid is going down. try like Afghanistan, and we say to the his race. This is bad news for anyone in A recent poll found that 75 percent of people of eastern North Carolina and to our great country, a country that be- Americans viewed college as the people in the 50 States, We don’t lieves in liberty and justice for all. unaffordable. That can’t be something have money to fix your infrastructure; The good news, however, is they were that we allow to continue. People need but yet, Mr. Karzai, you corrupt leader, prosecuted and they were convicted in to have confidence that that ticket to we are proud to keep sending you $10 a Federal court pursuant to the James the middle class is there and that it’s billion a month. Byrd hate crime law, and I’m honored affordable. That’s why we, together, Talking about Mr. Karzai brings me to tell you that that law passed here in have to find a way to avoid this dou- to an editorial written by Eugene Rob- this Congress in 2009 and was signed bling of interest rates. For over 8 mil- inson, a syndicated columnist, and it’s into law. It is properly styled as the lion students in this country, Stafford titled, ‘‘Afghanistan and Indefensible Matthew Shepard and James Byrd, Jr. loans are a very critical resource, help- Costs.’’ I feel that Mr. Robinson, who Hate Crimes Prevention Act. It was ing them afford the cost of that college wrote this in 2010, could be writing it supported by many people and organi- education we all want them to get. right now in 2012, and it would have zations expressing goodwill. The With the Federal Government now even more meaning. I quote from Mr. NAACP supported it, the ADL sup- borrowing money at close to 2 percent, Karzai: ported it, a good many Members of this why are we asking middle class fami- The time has come to reduce military op- Congress supported it, and many others lies to pay 6.8 percent? These are not erations. The time has come to reduce the supported this law. This law allowed grants. These are loans. They’ll be re- presence of, you know, boots in Afghanistan the prosecution to take place in a Fed- paid. Let’s find a way to help our kids . . . to reduce the intrusiveness into the eral court, when these three men would and to help our parents. daily Afghan life. have been charged in a State court, and f This is what President Karzai said to if convicted, faced misdemeanor AFGHANISTAN the Washington Post. In his column in charges. 2010 that he could be writing today, in In this, the greatest country in the The SPEAKER pro tempore. The April 2012, this is what Mr. Robinson world, no one should have to fear for Chair recognizes the gentleman from said in response to Karzai: life or liberty simply because of who North Carolina (Mr. JONES) for 5 min- you are, simply because of your race, utes. All right then. Let’s save American lives Mr. JONES. Mr. Speaker, like my and a ton of money. Let’s oblige him. your ethnicity, your gender, your sexu- colleagues in the House, I was home for Mr. Robinson, thank you. ality. It shouldn’t happen in this coun- the last 2 weeks on our Easter break. It I hope and pray that this Congress, try. continues to amaze me why we in Con- when we debate the DOD bill in May— The truth is that in this case there gress do not listen to the American and we have amendments from both was some testimony with reference to people. sides saying that we must have a more one of the defendants having dated a I represent the Third Congressional defined end to this involvement in Af- person of African ancestry. There was District of North Carolina—the home ghanistan—that we will pass some of testimony that he did not appear to be of Camp Lejeune Marine Base, Cherry these legislative amendments. the kind of person that would be con- Point Marine Air Station, Seymour Mr. Speaker, I’ve got so many of sidered a white supremacist. But here Johnson Air Force Base, and over 60,000 these posters. I’ve brought with me is another truth that we have to deal retired veterans. Not one person has today one of a tragic scene of a soldier, with. The truth is that there is confu- said to me that we need to stay in Af- marine, airman, Navy, whatever it sion about the hate crime law. There’s ghanistan. I’m not exaggerating, Mr. might be, in a coffin, going to his or a misunderstanding. This law does not Speaker. Everyone I saw and had a con- her grave. That brings me to my last allow you to impose dastardly deeds versation with, when the issue of Af- point: the ‘‘Body of War,’’ which is a upon persons simply because you are of ghanistan came up, said, Get out. Get production by Phil Donahue and Ellen the same race as the person that you out now. Spiro. I’m going to be talking more are assaulting. That’s why I wanted to be on the about this, because this young man is The truth is that if you assault and floor today, because the administration paralyzed from his breast down, and target a person because of race, it keeps saying, Well, in 2014, in 2014. about what he has to go through to doesn’t matter what your race is, and Yesterday, when driving back to live. This Congress needs to meet its you are committing a hate crime. The D.C., I was listening to C–SPAN, and I constitutional responsibility. Any truth is that you can be of the same heard an interview with Secretary Pa- other involvement by our country race and commit a hate crime. The vic- netta and General Dempsey. I have a needs to be a declaration of war. tim and the perpetrator can be of the lot of respect for both men, but it was Mr. Robinson, thank you again. same race and you will still have a kind of vague when Secretary Panetta And I close. God, please, God, please hate crime. We need to rid ourselves of said to the reporter who asked him our continue to bless our men and women this foolish notion that this law was plans for 2014, Well, you know, we’re in uniform, the families of our men and passed in some way to assault persons hoping that we can train the Afghans women in uniform, the wounded and who are of an ethnicity or a race that to stabilize their own country. their families. And God, please con- we have traditionally, in this country, Mr. Speaker, I say this respectfully: tinue to bless America. found to be engaged in some of these That’s an iffy proposition at best. kinds of activities. It’s not targeted at In a recent Washington Post-ABC f any given race; it’s targeted at people News poll, only 30 percent of the Amer- b 1030 who commit crimes against other peo- ican people say the war has been worth ple simply because of who these people GOOD NEWS AND BAD NEWS fighting. The citizens of this country are. are tired of sending their loved ones to The SPEAKER pro tempore. The I remind you that an injustice die for a country we have not been able Chair recognizes the gentleman from against any one of us is a threat to jus- to change in a decade. I’ll even go fur- Texas (Mr. AL GREEN) for 5 minutes. tice for every one of us, and we all have ther and say this: It has never changed Mr. AL GREEN of Texas. Mr. Speak- a duty to make sure that we don’t send in the history of Afghanistan going er, I rise this morning with good news out some silly notion that this law was back to Alexander the Great. So why and bad news. designed for one race of people. This are we still there? Again, people say, This news comes by way of my home- law was designed for every person who Well, we’ve got to stabilize the coun- town newspaper, the Houston Chron- would commit a hate crime against an- try. icle, and I’m proud that they have other person. We can’t even stabilize America’s printed and published the news that So I’m saddened to say this morning economy. I’m about to share with the public. The that the bad news is Mr. Johnson had

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.007 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1853 to fight off several persons, stood his Yucca Mountain is about 90 miles Let me tell you, originally, when ground for 10 minutes, but indicated from Las Vegas, maybe 100 miles from they came up with this nonsensical that he thought he was going to die as Las Vegas. Calvert Cliffs is a straight plan, which is purely political, that it they assaulted him. That’s the bad line of 43 miles from Washington, D.C. has nothing to do with science. They news. The good news is that the law The Senators from the surrounding said that we could store the rods, the has worked, that this law is bringing areas, how did they vote? You would nuclear waste, in Yucca Mountain with new meaning to the notion of justice think they wouldn’t want high-level no problem, leave it there. Then we re- for all. This law will not allow those nuclear waste next to Chesapeake Bay, alized that that wouldn’t work because who would commit dastardly deeds and 43 miles from the capital city. Well, of the groundwater. So then we decided be prosecuted in State courts for mis- Senator CARPER voted ‘‘no’’ in 2002. that they would put their nuclear demeanors to go unchecked. They will Senator COONS, a new Member, we waste in canisters. But what do you now face felony charges in our Federal don’t know his position. That’s part of know, there are no canisters that cur- courts. This is the way it should be in coming down here. I’m pretty sure that rently exist that can safely store this the greatest country in the world. if the majority leader of the Senate stuff. Then they came up with shields Mr. Speaker, God bless all listening, would call a vote and this issue was that would go around the canisters and God bless the United States of thoroughly debated, it would pass on that don’t exist to be put into Yucca America. the floor of the Senate because we have Mountain. f a lot of Senators who have yet to de- Then the last Republican Secretary clare their position. Here is Senator of Energy talked about an army of ro- YUCCA MOUNTAIN CARDIN, a former Member of the House, bots that would walk down Yucca The SPEAKER pro tempore. The who voted ‘‘yea’’ in 2002 for Yucca Mountain and be able to check on the Chair recognizes the gentleman from Mountain. Senator MIKULSKI, the same; nuclear waste while it’s leaking and Illinois (Mr. SHIMKUS) for 5 minutes. different Chamber, voted ‘‘no.’’ leaching into the groundwater. It’s a Mr. SHIMKUS. Mr. Speaker, I come How does our national tally go? Cur- ridiculous proposal, and it’s time to go to the floor again to continue to iden- rently we have 47 U.S. Senators who to Plan B because Plan A isn’t going to tify and educate you on the various lo- have a stated position in support of happen. Seventy-seven percent of the cations where we store high-level nu- Yucca Mountain. We have over 16 that people of the State of Nevada do not clear waste around this country and have never cast a vote or declared their want nuclear waste stored at Yucca the various positions that our col- position on what we do with high-level Mountain. End of that. leagues in the other Chamber have nuclear waste, either spent fuel or nu- Mr. Speaker, I rise today to express voted either for or against, in hopes clear waste, in the processing of nu- my deep disappointment with yester- that eventually the public will become clear energy or nuclear weapons. day’s vote in the United States Senate. Once again, Senate Republicans sided well informed and that they will take b 1040 action through their elected officials with Wall Street millionaires against We have 19 who have had a position to do even what the Blue Ribbon Com- the interests of struggling middle class of ‘‘no’’ at some time in their career. mission suggested, which is decide and families throughout Nevada. The So it’s very, very important to con- locate a long-term geological storage Buffett rule is simple, and it’s common tinue this debate, Mr. Speaker, to con- facility. sense. tinue to come down on the floor to talk This is not new. We’ve been doing it It means if you are a housekeeper, a about the Federal law as it is to date. nurse, a blackjack dealer, or a wait- for decades. The Nuclear Waste Policy The Nuclear Waste Policy Act was Act was established in 1982. The ress, or any other middle class profes- passed in 1982; the amendment was sional, you shouldn’t pay higher tax amendments were passed through this agreed to in 1987. The amendment iden- Chamber and signed into law in 1987, rates than multi-millionaires who own tified Yucca Mountain as our long- yachts and travel in private jets. It which identified a long-term geological term geological repository to store repository at a place called Yucca means that if you are a Nevadan living high-level nuclear waste. The time is paycheck to paycheck, you shouldn’t Mountain in the desert in Nevada. well past since we should be doing this. What I’ve been attempting to do be carrying the burden for Wall Street In fact, we actually pay utilities to hedge fund managers and Big Oil com- throughout this past year and a half— hold their nuclear waste since it’s our I chair a subcommittee that has direct pany executives. responsibility to take the waste. The Senators who voted against basic responsibility for this—is identify dif- f tax fairness yesterday need to spend a ferent locations. So today we go to a little more time prioritizing the needs place very close to here. In fact, I YUCCA MOUNTAIN AND BUFFETT of hardworking Nevadans. They’re think it’s only 43 miles from the Dis- RULE struggling. These are the people that trict of Columbia, and that’s a place The SPEAKER pro tempore. The are struggling to put food on the table, called Calvert Cliffs. I like to compare Chair recognizes the gentlewoman from to fill up their cars with gas, and to and contrast it with where our nuclear Nevada (Ms. BERKLEY) for 5 minutes. pay their mortgage or their rent. waste should be stored, not in a decade Ms. BERKLEY. I’m here to talk The fact that the wealthiest people or two from now, but at this very mo- about the Buffett bill, but I just cannot in this country pay their taxes at a ment where it should be. allow what Mr. SHIMKUS has just said lower tax rate than their secretaries Calvert Cliffs is in Maryland, and at to go unresponded to because it’s such and their chauffeurs doesn’t pass the Calvert Cliffs there are 1,300 metric an important issue for the people of the smell test. It stinks, and that’s why tons of uranium, of spent fuel, onsite State of Nevada. I’m proud to announce that I’m a co- versus Yucca Mountain, which is a The so-called nuclear act that he dis- sponsor of the Buffett rule in the mountain in a desert where we have no cussed that was passed in ’82 and House, and I urge all of my colleagues nuclear waste onsite. At Calvert Cliffs, amended in ’87 is known in Nevada as to join me and let’s bring some funda- this spent nuclear fuel is stored above the ‘‘screw Nevada bill,’’ and let me mental tax fairness to the people of the the ground in pools and in casks above tell you what it is. It’s a proposal that United States of America. Seventy-two the ground. If it were stored at Yucca would ship 77,000 tons of toxic radio- percent of the American people agree Mountain, it would be 1,000 feet under- active nuclear waste across 43 States with me that the Buffett rule should be ground. At Calvert Cliffs, the nuclear to be buried in a hole in the Nevada made into law. waste is stored 85 feet above the desert, which is 90 miles from the f groundwater, and at Yucca Mountain, major population center of Las Vegas, it would be 1,000 feet above the water where we have groundwater issues, STEM EDUCATION table. Finally, at Yucca Mountain, the seismic activity, and volcanic activity. The SPEAKER pro tempore. The nearest body of water is the Colorado The EPA cannot come up with any ra- Chair recognizes the gentleman from River, about 100 miles. As you can see diation standards that would protect Illinois (Mr. DOLD) for 5 minutes. here in this photo, Calvert Cliffs is the people of the State of Nevada or Mr. DOLD. Mr. Speaker, just minutes right next to Chesapeake Bay. anyone else in this country. ago I had an opportunity to be outside

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.009 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1854 CONGRESSIONAL RECORD — HOUSE April 17, 2012 and see the space shuttle flying around ufacturers there trying to say what it forward to that continued bipartisan the United States Capitol on its way to was that they needed, what were they effort to have an appropriate represen- Dulles, which brought back memories. looking for in students who were going tation of the four shuttles back in Certainly those who study history real- to be graduating from either high Houston, where they belong. ize that back in the ’60s it was Presi- school or college. This is exactly what I rise today as well to speak about a dent Kennedy who said that the United we need to be doing right now. number of things. I believe it’s impor- States will take a man, deliver him to One of the success stories of bridging tant for my colleagues to sort of look the Moon, and bring him safely back to the gap between education and manu- at a series of issues. I support the the Earth. Consequently, the space facturing is that of Wheeling High Buffett Rule, not because I believe in race took off at that point in time and School principal Dr. Laz Lopez. He has any kind of class warfare. I celebrate literally hundreds of thousands of peo- worked with local businesses to find capitalism and applaud Mr. Buffett and ple became more engaged in science out what the actual needs are in the others. But it is a good way to raise and technology, engineering and math- community and offering students op- revenue and bring down the deficit. ematics, something that I think that tions in pursuing a STEM education. We, of course, will be dealing with a we need to rekindle today. Today, Dr. Lopez has been recognized bill proposed by my Republican friends on the other side of the aisle. The only Mr. Speaker, I represent one of the as starting one of the most successful thing that they will do is enhance the largest manufacturing districts in the STEM high schools in our country. pocket money of people who don’t need United States; and when I tour small Just this last Friday, I joined him and it. There is an unfairness in the Tax businesses throughout the 10th District other STEM students from various Code. I would join in a bipartisan way of Illinois, employers continually tell high schools around the area while to look at it. In making the Tax Code me that they have got job openings they competed in a STEM competition, fair, I would hope that we would be available, yet they can’t find people, focusing on nanotechnology and high- able to bring down the deficit. But the individuals, workers, able to fill those powered computing. These are extraor- bill that we will see, as I said, will in- roles, roles that need to be filled by dinarily bright students who are better crease the pocket change of million- those who have taken science and tech- prepared for the 21st-century work- aires. It will be a job killer. And, of nology, engineering and mathematics force. course, it will cut the Medicare guaran- courses, or the STEM fields. STEM education is and should be a tees of those who have worked hard for In the depths of this recession that bipartisan idea. I believe that this is an their children and grandchildren. I can- we have been going through, manufac- area of common ground and that we not support legislation that isn’t fair turing associations have statistics that should be promoting local efforts all and balanced. I would plead to my col- say 600,000 jobs across our Nation went across our Nation to help manufactur- leagues to find the middle ground—a unfilled. They went unfilled because ers fill open jobs and better prepare our fair Tax Code, bringing down the def- not enough people were trained in the emerging workforce for 21st-century icit. STEM fields. These are not low-paying careers. We must not stand idly by and I would encourage them to look at jobs, Mr. Speaker. These jobs, on aver- hope that this happens. Rather, we H.R. 3710, an energy bill. I have prac- age, pay $77,000 annually. We must em- must be proactive and work to spur our ticed oil and gas law for 15 years. It ad- power our students and job-seekers to local economy by demonstrating the dresses the question of the wetlands, it pursue STEM education so that they success of STEM education. uses exploration dollars to bring down can fill these good high-paying jobs Science, technology, engineering, the deficit, and it allows expanded ex- right here at home. and mathematics is one way we can ploration in the gulf region, a process Certainly one of the pillars of my help spur our economy to get our coun- that has been vetted by many energy Main Street Jobs Agenda is that of try back to work. I would encourage organizations, energy companies, and STEM education. If we can prepare our my colleagues to get involved in their they believe that is a bipartisan ap- students and those who are looking for local schools and communities, local proach. H.R. 3710 is ready for the com- work, we can help empower these peo- colleges, to find out more on how they bined work of all of us. ple to find good-paying jobs and keep can better prepare students for a career I also believe it’s important to speak our manufacturing and innovation in the 21st century through STEM edu- about the value of education in several right here at home. cation. ways. And I’m here today to join in The College of Lake County, a col- It was not too long ago that John H.R. 3826, proudly so, that stands with lege in my district, has teamed up with Kennedy gave us a charge to bring a students who now carry the bulk of the local manufacturers to help provide man to the Moon and safely back to debt in America—credit debt. These are education, education that is necessary this Earth, spurring on STEM edu- students who are simply trying to, as in the STEM fields for those who are cation. We have to do it again today. my colleague just said, study science, unemployed or wanting to pursue a We have to make sure that we have technology, engineering, and math. In manufacturing career. that pipeline of students to be able to about 74 days, the interest rates on I am pleased to say that one of the make jobs right here at home. Stafford loans will triple to 6.8 percent. local manufacturers actually went to You may have borrowed at 2 percent, f the College of Lake County and said and here we are talking about it going we’re actually pulling students from b 1050 up to 6.8 percent. I, with every fiber in Iowa and Ohio, is there any way you ISSUES FACING THIS CONGRESS my body, stand against that. I’m going might be able to offer courses here at to stand with the students and parents the College of Lake County so that we The SPEAKER pro tempore. The who have children in school. We can could start hiring people locally to fill Chair recognizes the gentlewoman from win this thing. We must have a legisla- these jobs. They were all too happy to Texas (Ms. JACKSON LEE) for 5 minutes. tive action to stop that stealing of oblige. Ms. JACKSON LEE of Texas. I join money from our children, who are sim- I recently held a STEM field trip my colleague that just spoke on the vi- ply trying to be in the best colleges, where I took interested students from tality and the importance of STEM the State colleges, and to be educated. high schools all across the 10th District education. As a 12-year member of the Parents, wake up. In 74 days, the in- to different high-tech organizations in Science Committee, I also had a sense terest rate on your children’s loans is the region. These students learn how of emotion as Discovery flew many going up to 6.8 percent. Call our offices, they can apply their education first- times over this great democratic insti- get on our Web sites, and beg us to pass hand and pursue advanced careers in tution. That emotion compels me to H.R. 3826 by my good friend Mr. COURT- this field. continue to fight for a place for one of NEY from Connecticut. Please, I beg of Just last week, I hosted the first-ever the shuttles in the hometown where it you. And I will be there with you. Manufacturing and Education Summit was born, the place where John F. Ken- From Texas Southern University to to bridge the gap between educators nedy spoke at the Rice Hotel and in- the University of Houston to Houston and manufacturers. We had folks from spired us to go into space, and that is Baptist to the Houston Community high schools and colleges. We had man- Houston, Texas, NASA-Johnson. I look College, we’re going to work on this.

VerDate Mar 15 2010 04:28 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.012 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1855 Let me also move very quickly, Mr. To those people who knew him best— you and your family are still out of Speaker, to the fact that this is the his parents, Anthony and Patricia; his work is really no recovery at all. That fifth-year commemoration of the ter- three sisters, Nicole, Jennifer, and is why we simply cannot seek to bal- rible killings at Texas Tech. This Con- Michele; and to his brother-in-law, ance the budget on the backs of the gress has been charged with being fear- Len—he will be remembered as a loving poor, our seniors, and struggling fami- ful of dealing with gun legislation. son and brother. To his many friends lies across America. Over the years, I have introduced the that he grew up with in high school, he The Republican budget, the Ryan Child Gun Safety and Gun Access Pre- will be remembered as a good guy and budget, seeks to do just that. Actually, vention bill. I have, in fact, supported friend by the nickname ‘‘Daggo.’’ To the Republican budget really is not se- bills dealing with gun checks and to his fellow marines, he will be remem- rious about balancing the budget at all. close gun loopholes at gun shows. I bered as a faithful brother in arms. Their budget guts, mind you, guts food have supported bills to stop the pro- And to all of us here who just may be stamps for our families in a time of liferation of assault weapons. Not bills hearing his name for the first time—to such desperate need, it cripples Med- against the Second Amendment, but America—he will be remembered as a icaid and ends Medicare as we know it bills that would have stopped Mr. Zim- patriot who loved his country, the Ma- today. Their budgets make these draco- merman from recklessly walking rine Corps, and as a man who gave his nian cuts not to balance the budget but around with a 9 millimeter, and he was life for all of us by protecting our free- to create even more tax giveaways to only supposed to be the eyes and ears doms and our liberties in this country. millionaires and to massive corpora- of his neighborhood. Let us remember this young man. tions. Mr. Speaker, I join in a bipartisan The Marine Corps motto is Semper Mr. Speaker, we can do better than manner, even to the extent of saying Fidelis—always faithful. Staff Sergeant blame the poor and the powerless for we must clean up the Secret Service— D’Augustine lived this motto. He was faithful to the greed and the corruption of the I support Mr. SULLIVAN—and even his country; he was faithful to the mission; he rich and powerful. We can do better, clean up the GSA, because Gilbane, was faithful to the Corps, and he was faithful and we must do better for all of the which has received stimulus dollars to his fellow Marines. American people. We can protect the from the GSA, has refused to be di- In times such as this, words fail to provide most vulnerable Americans, grow our verse. To the CEO of Gilbane, this adequate comfort to his family and friends. But economy, and reduce our deficits. Crit- Congressperson you need to call. You it is my hope that they know that the prayers ical programs like the Supplemental are an unfair company, and you’re and gratitude of a nation are with them. Nutrition Assistance Program, better using Federal dollars from the GSA in We will always remember the price of free- known as SNAP, not only feeds hungry an inappropriate way. No diverse work- dom paid by Staff Sergeant D’Augustine, and children and families, but it supports force, and no small businesses. may we determine to live our lives worthy of the overall economy. Every dollar of f his sacrifice. SNAP benefits generates $1.84 in our economic activity. SNAP benefits re- STAFF SERGEANT JOSEPH f D’AUGUSTINE duce long-term health care costs, im- b 1100 prove the educational performance of The SPEAKER pro tempore. The children, and help to stabilize and im- Chair recognizes the gentleman from POVERTY IN AMERICA prove the long-term economic out- New Jersey (Mr. GARRETT) for 5 min- The SPEAKER pro tempore. The comes of the families who receive these utes. Chair recognizes the gentlewoman from benefits. All of those positive outcomes Mr. GARRETT. Mr. Speaker, I come California (Ms. LEE) for 5 minutes. to the floor today with heavy heart and help boost the entire economy from top Ms. LEE of California. As cofounder to bottom. sadness as we honor another fallen sol- and cochair of the Congressional Out of dier and the life and legacy of Staff If people are able to buy a little more Poverty Caucus, I rise today to con- in the grocery store, someone has to Sergeant Joseph D’Augustine, a young tinue talking about the tide of poverty man from Waldwick, New Jersey. Staff grow it, pack it, and ship it. All of that impacts every single district all those things lead directly to more jobs. Sergeant D’Augustine was killed on across our country. I rise to call on all March 27, 2012, while conducting com- So making cuts on struggling families of my colleagues to come together to during hard times is not only heartless, bat operations in Afghanistan. reignite the American Dream for all It was just 1 day after graduating mean and immoral, but it also makes Americans by helping to create the from Waldwick High School in 2001 no sense because it doesn’t reduce the millions of new jobs that they so des- that this young man enlisted in the deficit. United States Marine Corps. He was as- perately need. Mr. Speaker, there is a proposal to signed to the 8th Engineer Support Mr. Speaker, Social Security, Medi- get our fiscal house in order even while Battalion, 2nd Marine Logistics Group, care and the critical benefits to feed we protect American families and in- 2nd Marine Expeditionary Force. He hungry children in America did not vest in a stronger and more prosperous served two tours of duty in Iraq, and cause our deficits. Our Nation’s debt is future. The Congressional Progressive was just 2 weeks away from completing a direct result of the Republicans’ two Caucus budget, the Budget for All, his second tour of duty in Afghanistan. unfunded wars, their failed economic would do just that. This budget makes Staff Sergeant D’Augustine worked policies, and the totally failed over- smart and targeted cuts that preserve as an explosive ordnance disposal tech. sight of the financial services sector by our national security, protect Social What does that mean? That means that the Bush administration regulators. Security and Medicare, and extends he went ahead of the other soldiers, And giving more tax cuts to the super- and expands critical unemployment marines, and airmen and was the one rich and their corporations will only benefits for millions of Americans, in- that cleared the way for them so they make the deficits worse and will do cluding those who have hit 99 weeks could go on and do their work. And so nothing to grow our economy. where they are no longer eligible. it was with this greatest act of sac- Mr. Speaker, let’s not pass another These are the people who are still rifice possible that Staff Sergeant $46 billion loophole for the wealthy 1 struggling to find a good job. D’Augustine gave his life while pro- percent. Mr. CANTOR’s H.R. 9 is yet an- The Budget for All would ask that tecting his fellow men and women in other tax holiday that would only in- the wealthiest 1 percent and the uniform. He was just 29 years old. crease the deficit and will fail to create world’s biggest corporations pay their We’re never going to know the num- new jobs. We should be passing laws fair share so that we can afford to in- ber of lives that he was able to save in that protect the health and safety of vest in our children’s future and grow his work. But the tremendous out- our Nation’s most vulnerable, like our our economy. pouring of love and support that we children and our seniors. And we must America cannot afford another year have seen for his family in the days pass laws that provide some relief for of inaction and bills that pander to since his death perhaps provided a the millions of Americans still strug- narrow special interests. Let’s pass the glimpse into the number of people that gling to find a good job. Mr. Speaker, President’s American Jobs Act and he touched in his short life. any so-called ‘‘jobless recovery’’ where pass a robust transportation bill that

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.013 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1856 CONGRESSIONAL RECORD — HOUSE April 17, 2012 will fund our Nation’s critical infra- Speaker, were children. Many of those been introduced around the country structure priorities, fund green public children were inner-city youth, and and many of them have passed. This transportation projects, and create real many of the victims died at the hands gives the ALEC members secret and jobs. It’s time that we all come to- of inner-city perpetrators. persuasive influence over our legisla- gether to put Americans back to work. Trayvon Martin’s case is a little dif- tors, whom we elect to represent us. f ferent, but it is another sad addition to The Florida Shoot First, or, in other these statistics which are very tragic. words, Stand Your Ground is what it’s HONORING TOM HEBEL, RECIPIENT But his case caught the attention of called, but it’s actually the Shoot First OF THE HERITAGE CONSER- the American people and it illuminates law, was written by an NRA, National VANCY’S 2012 BUSINESS LEADER problems in our society. This is indeed, Rifle Association, lobbyist in one of CONSERVATION AWARD ladies and gentlemen, a teachable mo- those committees that the bought-and- The SPEAKER pro tempore. The ment. The Martin family’s fight for paid-for legislators are members of. Chair recognizes the gentleman from basic justice has been delayed by Flor- I will have further comment on this Pennsylvania (Mr. FITZPATRICK) for 5 ida’s ‘‘shoot first and ask questions as the days go by. But the American minutes. later’’ law which, incidentally, is mis- public needs to be educated about this, Mr. FITZPATRICK. Mr. Speaker, I named as the ‘‘stand your ground law,’’ and so we will talk further about it. rise today to honor Tom Hebel, who on and it grants criminal and civil immu- f April 19 will receive the Heritage Con- nity regardless of the facts when indi- servancy’s 2012 Business Leader Con- viduals take the law into their own RECESS servation Award. Tom has been a sup- hands. We call this ‘‘vigilante-ism’’ or The SPEAKER pro tempore. Pursu- porter of the Heritage Conservancy’s ‘‘vigilantism.’’ ant to clause 12(a) of rule I, the Chair land and historic preservation mission Florida’s law, like so many similar declares the House in recess until noon for over 10 years, and all in Bucks laws in 25, ladies and gentlemen, of the today. County appreciate his efforts. 50 States, was the result of collusion by Accordingly (at 11 o’clock and 12 Upon graduating from Penn State some of the Nation’s wealthiest cor- minutes a.m.), the House stood in re- University, Tom worked his way up to porations in conjunction with the Na- cess. become the manager of a small land- tional Rifle Association through a se- scaping contracting company called cretive networking organization called f Royer Nurseries in 1981. With hard the American Legislative Exchange b 1200 work and dedication, Tom helped the Council, also known as ALEC. little Doylestown-based company ex- ALEC promotes model legislation AFTER RECESS pand by adding a garden shop, two written by its corporate members and The recess having expired, the House hoop-style greenhouses, a plant sales disseminated to conservative State was called to order by the Speaker at yard, and a gravel parking lot. Tom ac- lawmakers around the country. The noon. quired ownership of the business in 1993 public whose votes elect these law- f and changed the name to Bucks Coun- makers to represent them are kept in try Gardens. With innovative crafts- the dark about the fact that their Rep- PRAYER manship, the business rapidly ex- resentative is a member of this net- The Chaplain, the Reverend Patrick panded, and many claimed it to be ‘‘the work of special interest groups and of J. Conroy, offered the following prayer: best garden center and landscape de- corporate interest that wine, dine, and God of the universe, we give You sign firm in Bucks County.’’ support these lawmakers’ campaigns thanks for giving us another day. Today, the garden center totals ap- with campaign contributions. Any law- We thank You for this proud day for proximately 24,000 square feet of en- maker who is a member of the group all Americans and for the human race, closed space, and it occupies nearly 7 can log on to its Web site—and I would when the space shuttle Discovery acres. It is home to a full-service life- encourage you to do so, too—and if passed through the Capital’s restricted style center and a landscape design you’re a member, you can find hun- air space for so many to appreciate, firm. The company has provided top-of- dreds of model bills to copy and intro- with awe, the symbol of our Nation’s the-line service to its customers and duce in your legislature. ability to achieve great things when will continue to strive to achieve the The public, however, is not able to our will is harnessed. best for its employees, all because of access that information because you May that national will once again the work of Tom Hebel. must be a member; and in order to be coalesce within the walls of this great For the past 10 years, Tom has man- a member, you’ve got to go through Assembly. We are humbled by the enor- aged to use the wealth of his knowl- some kind of a screening process so mity of this task and know well the edge and resources to better the Bucks they can make sure that you are of difficulty of its attainment. Bless County community as a strong sup- like mind because they don’t want any abundantly the Members of this peo- porter and advocate of land preserva- infiltrators in there. They want to ple’s House, with wisdom and grace, tion. Tom is a distinguished small busi- keep the business secret. and perhaps heroism, that what is most ness owner and a lifelong contributor b 1110 needed by our Nation would emerge in to the beautification of Bucks County. the business of the House, and the en- I congratulate Tom Hebel today on Membership fees for legislators are very small, $50 a year, whereas the cor- ergies that divide would be dissipated. this well-deserved recognition, and I May all that is done this day be for wish him many years of continued suc- porate members have to pay tens of thousands of dollars per year for their Your greater honor and glory. cess. Amen. f memberships. These memberships are mostly big-lobby interest groups, big f GUN LAWS corporate-lobby interest groups, and THE JOURNAL The SPEAKER pro tempore. The what they do when they get into these Chair recognizes the gentleman from meetings that they hold at exclusive The SPEAKER. The Chair has exam- Georgia (Mr. JOHNSON) for 5 minutes. resort locations, luxurious amenities, ined the Journal of the last day’s pro- Mr. JOHNSON of Georgia. Mr. Speak- wining and dining these legislators, ceedings and announces to the House er, all Americans, and I being one of they spoon-feed them legislation which his approval thereof. them, hope for justice in the Trayvon supports their, the businesses, inter- Pursuant to clause 1, rule I, the Jour- Martin case; but I stand here today be- ests. nal stands approved. cause we must stop stacking the deck Now, 60 percent of the legislators in f against all innocent Americans. the United States of America, on a Over 10,000 Americans died a prevent- State level, secretly belong to ALEC. PLEDGE OF ALLEGIANCE able death by gun violence last year— They are members of that network. The SPEAKER. Will the gentle- 10,000. And over 2,000 of those, Mr. Thousands of these ALEC bills have woman from California (Ms. HAHN)

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.015 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1857 come forward and lead the House in the billion Congress budgeted for the pass bipartisan transportation and jobs Pledge of Allegiance. Workforce Investment Act, primary legislation, Republicans are pushing Ms. HAHN led the Pledge of Alle- Federal programs supporting workforce legislation to allow the importation of giance as follows: development, is paltry. animal remains. Yes, that’s how we’re I pledge allegiance to the Flag of the We have nearly 23 million Americans spending our valuable time today, con- United States of America, and to the Repub- either unemployed or underemployed sidering laws to allow hunters to bring lic for which it stands, one nation under God, and about 5.5 million who have been back polar bear heads. Really? indivisible, with liberty and justice for all. unemployed for 27 weeks or more. I will vote, again, against this budg- f Wake up, America. Wars are ruining et, and I ask my Republican friends to ANNOUNCEMENT BY THE SPEAKER our economy. On tax day, remember let go of their tricks, concentrate on our government has a responsibility to what’s important, and work with us to The SPEAKER. The Chair will enter- use our money wisely, not to waste create jobs. tain up to 15 requests for 1-minute hard-earned tax dollars on unnecessary f speeches on each side of the aisle. wars. BUFFETT RULE TARGETS SMALL f The answer to war and economic de- BUSINESSES HONORING THE MEMORY OF cline is peace and prosperity. (Mr. WILSON of South Carolina BETTY ROSE STAIR PATCHELL f asked and was given permission to ad- (Mr. CRAWFORD asked and was DOMESTIC OIL PRODUCTION dress the House for 1 minute and to re- given permission to address the House (Mr. BUCSHON asked and was given vise and extend his remarks.) for 1 minute.) permission to address the House for 1 Mr. WILSON of South Carolina. Mr. Mr. CRAWFORD. Mr. Speaker, I rise minute.) Speaker, the President’s proposal of today to honor the memory of Betty Mr. BUCSHON. I recently conducted the Buffett rule tax increase is just an- Rose Stair Patchell. Betty’s memory a survey on my Web site regarding gas other political gimmick, rejected by will continue to live on with her be- prices because I wanted to hear di- the Senate, which is targeted at small loved family and friends. rectly from my constituents how high- business owners. With our Nation’s Betty was married to Jack Daves er gas prices are affecting their lives, record unemployment rate of over 8 Patchell for over 45 years. Together and I received over 880 responses. percent throughout the last 3 years, it they had three children: George, Henry, from Odon, Indiana, told me is clear the President’s policies are de- Jacque, and Mark. Betty was a devoted he owned a car wash, and when people stroying jobs and chilling economic mother, grandmother of four, and are paying $40 extra for gas, they aren’t growth. great-grandmother of 10. paying for a car wash, affecting his In last week’s Washington Post, Betty began her 50-year career as or- small business and his employees. Charles Krauthammer wrote: ganist, at the age of 15, for the First Rob, from Lynnville, Indiana, lives in The Buffett Rule is nothing but a form of Baptist Church of Heber Springs, Ar- a rural part of the State. He and his redistributionism that has vanishingly little kansas. She was an accomplished pian- wife are forced to drive over 30 miles to to do with debt reduction and everything to ist and a member of the National Guild get to work. A $1 increase per gallon of do with reelection. of Piano Teachers. Over the years, gas can cost them up to $2,000 extra per The President is using the Buffett Betty served countless organizations as year. rule tax increase as a way to distract an accompanist. An overwhelming majority of re- Americans from focusing on his failure Betty had a love for the arts, as well, sponders believe we should expand our to implement policies that will create as an oil and water color painter. She domestic oil production and become jobs. House Republicans remain fo- also loved to garden. Betty was an avid more energy independent. After paying cused on reducing barriers that are dis- golfer, and for over 20 years she as- $3.91 per gallon in Evansville, Indiana, couraging job creation. sisted pro golfers in the annual Shell last week, I agree. I urge my colleagues in the Senate Open Golf Tournament. Since President Obama has taken of- and the President to put party politics My thoughts and prayers are with fice in January 2009, domestic oil pro- aside and work with House Republicans Betty’s family. While her presence here duction has decreased by 7 percent on to enact policies that will help create on Earth will be missed, her example Federal lands. In January 2009, gas was jobs for American families. will be a guide for her family and $1.83 per gallon. It’s an average of $3.86 In conclusion, God bless our troops, friends. per gallon today. Under this adminis- and we will never forget September the God bless Betty Rose Stair Patchell, tration, they have risen over 100 per- 11th in the global war on terrorism. and God bless her family. cent, the highest for any President. f f I urge the President and the Senate b 1210 to act on the nine bills the House has TAX DAY passed to reduce energy costs and help GOP BUDGET AND MEDICARE (Mr. KUCINICH asked and was given reduce gas prices for all Americans. (Mr. BACA asked and was given per- permission to address the House for 1 f mission to address the House for 1 minute.) minute.) Mr. KUCINICH. On tax day, remem- BUDGET Mr. BACA. Mr. Speaker, today the ber the ramifications of waging wars (Ms. HAHN asked and was given per- House will vote on a rule that once abroad. mission to address the House for 1 again moves forward the misguided Re- In 2011, 39 percent of our income tax minute.) publican budget. The American people dollars went to the Pentagon and war, Ms. HAHN. Mr. Speaker, before we cannot afford this misguided budget only 9 percent for trade, commerce, left 2 weeks ago, my Republican friends which devastates seniors and working education, and employment programs. attempted to enact their budget, a families. The Republican budget ends The Center for Arms Control and Non- budget that would have ended Medicare Medicare guarantee, shifting health Proliferation estimates the war in Iraq as we know it, shifting costs to seniors costs to our seniors. That’s a no-no. It and Afghanistan cost the average and raising their health care costs by turns Medicare into a private voucher American family of four almost $13,000 $6,000 a year; a budget that would cut system. That’s a no-no. It increases in 2011 alone. taxes for the wealthiest Americans and prescription drugs for America’s sen- National unemployment rates con- multinational corporations by $4.6 tril- iors. tinue to be between 9 and 10 percent, lion; a budget that would slash Med- The American people deserve better while our families struggle to pay their icaid, food stamps, and Pell Grants for than to be left out in the cold with cuts mortgages, send their kids to school, students. Thankfully, the Senate has to Medicare, SNAP, and our edu- and feed their families. Compared to said ‘‘no.’’ cational programs. After a long life of the approximately $159 billion budg- Now, instead of reaching across the service to our Nation, our seniors de- eted in fiscal year 2011 for wars, the $6 aisle and instead of working with us to serve a strong safety net. Let’s stop

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.018 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1858 CONGRESSIONAL RECORD — HOUSE April 17, 2012 and ask ourselves: Who actually bene- If we look at what actually worked in make us the greatest country in the fits from this misguided budget? Mil- the past, the single best model for world. lionaires and billionaires and oil com- growing jobs, sustaining economic f panies who would receive $3 trillion in growth, and reducing the deficit can be WHERE’S OUR SENSE OF JUSTICE? new tax breaks. That should be a no- found in the 8 years of the Clinton ad- no. ministration, which created 22 million (Mr. MORAN asked and was given Let’s stop this shameful budget and jobs, erased the deficit, and left this permission to address the House for 1 work together on a plan that does not country with a huge surplus. A more minute and to revise and extend his re- favor the rich over seniors and the mid- balanced approach to deficit reduction marks.) dle class. will work for everyone. Let’s pass a Mr. MORAN. Mr. Speaker, we pick up f budget based on facts, not on fictions. the Politico today, and the headline is: ‘‘Republicans Ax Aid to the Poor.’’ It COMMONSENSE ENERGY POLICY Pass the Democratic budget. f goes on to explain that there’s a $33 (Mr. PENCE asked and was given per- billion cut in food stamps in the Rom- mission to address the House for 1 HONORING OUR COMMITMENT TO ney-Ryan Republican budget that minute and to revise and extend his re- VETERANS WITH SHORT CHANGE passed the House so that the average marks.) (Mr. STEARNS asked and was given family of four gets an 11 percent cut in Mr. PENCE. As I travel across Indi- permission to address the House for 1 their monthly benefits after September ana, it’s clear that Hoosier families are minute and to revise and extend his re- 1, and it requires that households ex- hurting: 8.4 percent unemployment and marks.) haust most of their liquid assets before nearly $4 per gallon gasoline at the Mr. STEARNS. Mr. Speaker, on May qualifying for help. This hits hardest pump when they go to fill up their cars 18, 2006, then-Senator Barack Obama among the long-term unemployed, who and trucks. It’s time for this Congress gave a speech where he mentioned that will be forced off the rolls until they’ve to come together in a bipartisan way a number of our veterans had been ap- spent down their savings to less than and adopt an all-of-the-above energy parently ‘‘shortchanged.’’ He went on $2,000, in many cases. policy that will include more access to to say: Then, we read we’re going to do an- America’s energy reserves, more alter- other tax cut this week. Majority native energy sources, and greater con- When a young man and woman goes off and serves the country in the military, they Leader CANTOR wants to cut taxes by servation. should be treated with the utmost dignity another $46 billion. In fact, the major- The encouraging news is that this and respect when they come home. ity of it goes to less than 3 percent of House has passed bipartisan legislation Unfortunately, the President’s budg- to do just that. We voted to streamline all taxpayers and less than 8 percent of et proposal seeks to further increase the energy permitting process; lift the business owners. It’s available to high- administration’s ban on new offshore the cost for health care for our mili- ly paid professionals, longtime lobby drilling in the gulf and the east coast; tary retirees and all of our veterans. firms, professional sports teams, and rein in the EPA’s attempt to impose a On October 1, 2011, TRICARE Prime an- entertainers like Paris Hilton, Kim national energy tax; and even require nual enrollment fees were increased Kardashian and the like. They all get the administration to approve and dramatically for new family enroll- another tax cut. complete the entire Keystone XL nat- ments and dramatically for new indi- Where is our sense of justice? Where ural gas pipeline. Unfortunately, the vidual enrollments. In fiscal year 2013, are our priorities? Where is our com- Senate and the administration have the administration proposes additional monsense? not embraced these bipartisan, com- fees and cost-sharing increases, a new f annual enrollment fee for TRICARE for monsense measures to advance our en- TAX CUTS TO THE WEALTHIEST ergy independence. Life, increases in pharmacy copay- The reality is the price at the pump ments, and a catastrophic cap of $3,000 (Mr. PALLONE asked and was given has more than doubled from the $1.79 a per family. permission to address the House for 1 gallon when the President took office Mr. Speaker, when our President minute.) to the price it is today. Hoosiers know promised our servicemembers change, Mr. PALLONE. Mr. Speaker, I rise what all Americans know: we can do I’m sure they didn’t expect it would be today to address the Sportsmen’s Her- better than $4 a gallon, but we must ‘‘shortchanged.’’ itage Act of 2012 and its provision to embrace a commonsense, bipartisan, f deem the reconciliation of the Repub- all-of-the-above energy policy to do it. lican budget. In fact, it was the Repub- WHERE’S THE FAIRNESS? lican leadership that stood right here f (Ms. HANABUSA asked and was on the House floor and emphatically PASS THE DEMOCRATIC BUDGET given permission to address the House claimed that they were committed to (Mrs. MALONEY asked and was given for 1 minute.) not using deeming resolutions when permission to address the House for 1 Ms. HANABUSA. Many of us were they were in the majority. But here we minute.) back in our districts for 2 weeks. I had are today, and that’s exactly what Mrs. MALONEY. Instead of being town halls, like I’m sure many of my they’re doing. called the ‘‘Road to Prosperity,’’ the colleagues did, and I’m sure they prob- I guess it’s not terribly surprising Ryan Republican budget should have ably heard what I heard. We call them that they would break their commit- been named the ‘‘Road to Austerity,’’ kupuna in Hawaii. That means our el- ments, especially when we consider the because it is a plan that is most note- derly. They’re concerned about their budget that they’ve presented. The worthy for the harsh austerity it de- Medicare. They’re concerned about GOP budget breaks many of the basic mands of the many and the lavish ben- their safety nets, which we provide. commitments that Congress has to all efits it extends to the few. And the reason is because they’ve done Americans. The Republican budget is Nobel Laureate in Economics Paul everything on their part to make us an all-out assault on Medicare and the Krugman has called this budget pro- the great Nation that we are today. middle class. Instead of a budget that posal the most fraudulent budget in Today’s space shuttle flying over the protects the middle class, the Repub- U.S. history, calling its priorities in- Capitol was a great statement. That lican budget creates tax cuts and give- conceivably cruel. Our recent economic shows you what an amazing country aways to millionaires and the super- history has shown that while Repub- that we are. So we should ask our- rich, providing income tax cuts for mil- lican budgets might poll well, they do selves, Why can’t we keep our word to lionaires averaging at least $187,000 in not perform well. The Bush budgets our elders? Why can’t we keep our 2014. produced stagnant income growth for promises? Why can’t we in our great- How do the Republicans propose that the middle class, a jobless recovery, ness ensure that they will be comforted they’ll pay for these savings to the and a huge deficit. The Ryan Repub- in their senior years? Why? These are wealthiest Americans and the big cor- lican plan is the Bush budget plan on fundamental questions. Just show the porations? Well, they end Medicare as steroids. compassion and fairness. That should we know it, and they balance their

VerDate Mar 15 2010 00:31 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.021 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1859 budget on the backs of seniors and the pay back to the richest people in this Yet, although most of the people in middle class. country. And yet later this week, the the country treat jobs as the number It’s really outrageous what they’re Republicans are bringing yet another one priority, we still haven’t got move- doing, Mr. Speaker. I just want to call tax bill that will benefit the top 3 per- ment in the House. It is a shame, and them to task for saying they were com- cent of the taxpayers in this country I think somebody is going to pay for it. mitted to not doing the deeming, and and add $48 billion to the deficit this f now doing it. year and a half a trillion dollars to the HONESTY ABOUT HEALTH CARE f deficit over 10 years. That’s not fair, it’s not right, it’s not (Mr. YARMUTH asked and was given b 1220 equitable, and it needs to be rejected. permission to address the House for 1 TAX DAY f minute.) Mr. YARMUTH. Mr. Speaker, my CONGRATULATING CENTER ON (Mr. YODER asked and was given friends across the aisle like to say they HALSTED permission to address the House for 1 support small business owners, but minute.) (Mr. QUIGLEY asked and was given other than keeping fact-checkers em- Mr. YODER. Mr. Speaker, I rise to permission to address the House for 1 ployed, Republican leaders are holding acknowledge everyone’s least favorite minute.) back those businesses by continuing to day of the year, tax day. Mr. QUIGLEY. Mr. Speaker, I rise make false claims about the Affordable In 1935, the 1040 Form was accom- today to congratulate Center on Hal- Care Act. panied by a two-page instruction book- sted on its 5-year anniversary of build- In my Louisville district, more than let. Today, taxpayers must wade ing and strengthening the lesbian, gay, 15,000 small businesses could qualify for through over 200 pages of instructions bisexual, and transgender community tax credits to help offset the cost of and a code that extends 4 million words in Chicago. providing health insurance for their On June 1 of 2007, I was proud to join in length and grows daily like an ever employees. A small business with 24 residents from my district and across expanding blob entangling itself and employees paying average health care Illinois on the corner of Halsted and attaching its burdens to the hopes and costs could receive almost $40,000 a Waveland as Chicago’s first permanent dreams of every American. year in tax credits right now under the LGBT community center opened its Yet as millions of Americans pay Affordable Care Act, but only 530 out of doors. Since that time, Center on Hal- their taxes today, some in this town those 15,000 businesses have taken ad- sted has become the Midwest’s largest believe that Washington should actu- vantage of it. The situation is like that LGBT community center and a model ally tax and spend even more of the across the country. for similar organizations across our hard-earned dollars of the American Why is that? Could it be that the peo- people. Nation. Patrons of all ages, backgrounds, and ple they elected to represent them in Instead, I believe we should first re- Congress have repeatedly told them form the Tax Code and work to control economic status participate in the wide assortment of public programs and so- that this law is bad for business? reckless and wasteful spending in the As Members of Congress, I believe it Federal budget. As it’s been said: It’s cial services offered at the center. Its youth program provides leadership is our responsibility to give our con- not that Washington taxes too little; stituents an honest and accurate pic- it’s that Washington spends too much. training and professional development to more than 1,800 young people across ture of what Federal laws and policies Mr. Speaker, we must focus on reduc- will do to affect their lives. And yet ing the tax burden on the American Chicago. Social service programs in- clude rapid HIV testing, group and in- more than 2 years after the Affordable people, cutting spending here in Wash- dividual psychotherapy, legal help, job Care Act became law, Republican lead- ington and working towards a bipar- training, and the Anti-Violence Project ers continue to make false claims tisan plan to reform the Tax Code and advocating for victims of hate crimes about it. simplify it for the millions of tax- and domestic violence. Mr. Speaker, the small business own- paying Americans that are counting on Under the leadership of CEO Modesto ers in my district appreciate knowing us. Tico Valle and the great efforts of so the truth about how Federal laws can f many people, Center on Halsted has benefit them. THE REPUBLICAN BUDGET IS grown into the phenomenal organiza- f UNFAIR tion that it is today, welcoming the THE RYAN BUDGET IS UNFAIR, LGBT community and making our en- UNBALANCED, AND UNWISE (Mr. GEORGE MILLER of California tire community a better place. asked and was given permission to ad- (Ms. MOORE asked and was given dress the House for 1 minute and to re- f permission to address the House for 1 vise and extend his remarks.) THE HUMPHREY-HAWKINS FULL minute.) Mr. GEORGE MILLER of California. EMPLOYMENT ACT Ms. MOORE. Mr. Speaker, I was so Mr. Speaker, later today, the House (Mr. CONYERS asked and was given happy this week when I learned from will consider legislation to make it permission to address the House for 1 our Presidential candidate, Mitt Rom- easier to pass the Republican budget minute and to revise and extend his re- ney, that the Republicans are now pre- and to make it easier to pass a budget marks.) pared to realize that women are a very that is very unfair in its makeup. It’s Mr. CONYERS. Ladies and gentlemen important part of the economy. And unfair because it continues to lavish of the House, it’s time for a real jobs that is why I’m wondering why Rom- tax breaks on the wealthiest people in plan to get our Americans back to ney has embraced the Republican budg- this country while asking that the el- work in every district. And since the et which would fix Medicare by cutting derly in the Medicare program and that conservatives have taken over the out $30 billion in 10 years when 56 per- our poorest children in our elementary House more than a year ago, they have cent of all Medicare beneficiaries are schools and young people struggling to refused to move forward with a real women, and the oldest of old, 85 and pay for their college education all pay plan to create jobs to get our people older, 70 percent are women. Two- more to make room for a tax cut for back to work—a whole year and no thirds of Medicaid recipients who are millionaires that averages $187,000 a comprehensive jobs plan when Ameri- adults are women; and of the SNAP year in a tax cut to the wealthiest peo- cans needed it most. program—formerly known as food ple in this country. Now, in my bill, H.R. 870, the Hum- stamps—cut of $134 billion, of the adult It’s not about wanting to tax more; phrey-Hawkins Full Employment Act, recipients, two-thirds of them are it’s about wanting tax fairness. It’s revised, is a way to bring unemploy- women. about recognizing the economic dis- ment down to zero percent. There is no So, in an environment where he parity that exists in this country and reason why everybody that wants a job claims that 92, 93 percent of all job how the Tax Code continues to lavish in America can’t be put in a position or losses have occurred among women, the benefits of the taxes that people do trained for a position. why would we snatch the safety net out

VerDate Mar 15 2010 04:28 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.024 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1860 CONGRESSIONAL RECORD — HOUSE April 17, 2012 from under women with this cruel Re- respect to the Committee on Agriculture; has adopted such concurrent resolu- publican budget? and tion,’’ meaning also the Senate. (2) $3,490,000,000 (in lieu of $3,000,000,000) for f The SPEAKER pro tempore. The the period of fiscal years 2012 and 2013 with Chair would reiterate that the issue is PROVIDING FOR CONSIDERATION respect to the Committee on Financial Serv- ices. a matter for debate, and the Chair will OF H.R. 4089, SPORTSMEN’S HER- not interpret the language of the reso- ITAGE ACT OF 2012, AND FOR b 1230 lution during its pendency. OTHER PURPOSES POINT OF ORDER Ms. MOORE. Thank you, Mr. Speak- Mr. BISHOP of Utah. Mr. Speaker, by Ms. MOORE. Mr. Speaker, I raise a er, for your lack of clarity. direction of the Committee on Rules, I point of order against H. Res. 614 be- I raise this point of order because it’s call up House Resolution 614 and ask cause the resolution violates section important to uncover whether or not for its immediate consideration. 426(a) of the Congressional Budget Act. the underlying rule for this Natural The Clerk read the resolution, as fol- The resolution contains a waiver of all Resources bill—it’s a Natural Re- lows: points of order against consideration of sources bill—also deems the Repub- H. RES. 624 the bill, which includes a waiver of sec- lican budget plan to end Medicare as Resolved, That at any time after the adop- tion 425 of the Congressional Budget we know it, slash funding for SNAP. When it comes to the Republican tion of this resolution the Speaker may, pur- Act, which causes a violation of section suant to clause 2(b) of rule XVIII, declare the budget, my Democratic colleagues are 426(a). House resolved into the Committee of the most definitely not asleep at the wheel. The SPEAKER pro tempore (Mr. Whole House on the state of the Union for And we want to take this moment to WOMACK). The gentlewoman from Wis- consideration of the bill (H.R. 4089) to pro- shed light on what’s going on here. tect and enhance opportunities for rec- consin makes a point of order that the Mr. Speaker, I’m a member of that reational hunting, fishing and shooting. The resolution violates section 426(a) of the first reading of the bill shall be dispensed prestigious committee, the House Com- Congressional Budget Act of 1974. mittee on the Budget, and a long-time with. All points of order against consider- The gentlewoman has met the advocate for sound budgetary policy. I ation of the bill are waived. General debate threshold burden under the rule, and shall be confined to the bill and shall not ex- recognize the importance of tackling the gentlewoman from Wisconsin and a ceed one hour equally divided and controlled our deficit and debt head-on, carefully Member opposed each will control 10 by the chair and ranking minority member balancing both the spending and rev- minutes of debate on the question of of the Committee on Natural Resources. enue-raising sides of our ledger. After general debate the bill shall be consid- consideration. Following debate, the But House Republicans, led by my ered for amendment under the five-minute Chair will put the question of consider- dear colleague from Wisconsin, have rule. In lieu of the amendment in the nature ation as the statutory means of dis- of a substitute recommended by the Com- put out a budget that is neither sound posing of the point of order. nor balanced. This budget finds a jaw- mittee on Natural Resources now printed in The Chair recognizes the gentle- dropping 62 percent of its $5.3 trillion the bill, it shall be in order to consider as an woman from Wisconsin. original bill for the purpose of amendment in nondefense budget cuts over 10 years under the five-minute rule an amendment in PARLIAMENTARY INQUIRY from programs that serve the most vul- the nature of a substitute consisting of the Ms. MOORE. Mr. Speaker, I raise this nerable of our society, the poor, and I text of Rules Committee Print 112-19. That point of order not necessarily out of might add in the most vulnerable, amendment in the nature of a substitute concern for unfunded mandates, al- women and children, since we’ve just shall be considered as read. All points of though there are likely some in the un- order against that amendment in the nature recently established in this last week derlying bill, H.R. 4089. that women were very important in of a substitute are waived. No amendment to But before I begin, Mr. Speaker, I that amendment in the nature of a sub- our economy. stitute shall be in order except those printed have a parliamentary inquiry. In addition to the sheer magnitude of in the report of the Committee on Rules ac- The SPEAKER pro tempore. The gen- these raw numbers, I want to make it companying this resolution. Each such tlewoman will state the inquiry. clear that the Republican budget con- amendment may be offered only in the order Ms. MOORE. The rule clearly states, tains major departures from current printed in the report, may be offered only by ‘‘Pending the adoption of a concurrent policy. This budget heralds welfare re- a Member designated in the report, shall be resolution on the budget for fiscal year form as a vital victory and plots the considered as read, shall be debatable for the 2013, the provisions of House Concur- time specified in the report equally divided next chapter of so-called ‘‘reforms’’ for rent Resolution 112, as adopted by the other areas of the safety net. and controlled by the proponent and an op- House, shall have the force and effect ponent, shall not be subject to amendment, Our core programs are not spared by and shall not be subject to a demand for divi- in the House as though Congress had this budgetary trick. This budget takes sion of the question in the House or in the adopted such concurrent resolution.’’ an aim at Medicare. We’re told that by Committee of the Whole. All points of order Does this mean that the rule deems stripping Medicare of its entitled sta- against such amendments are waived. At the that the Senate will have passed H. tus, cutting $30 billion out of Medicare, conclusion of consideration of the bill for Con. Res. 112? that we’re going to save it. We’re going amendment the Committee shall rise and re- The SPEAKER pro tempore. The to save Medicare by subtracting $30 bil- port the bill to the House with such amend- Chair will not interpret the resolution ments as may have been adopted. Any Mem- lion. That’s not the kind of math I during its pendency. That is a matter learned at North Division High. ber may demand a separate vote in the for debate. House on any amendment adopted in the And we’re going to set seniors adrift Committee of the Whole to the bill or to the Ms. MOORE. Okay. We will have to in the private market. Now, this budg- amendment in the nature of a substitute debate this. The language, as I have et does nothing to cut the cost of made in order as original text. The previous construed it, says it shall have force health care in the private market. It question shall be considered as ordered on and effect in the House as though Con- only passes those costs on to seniors. the bill and amendments thereto to final gress, which would include the Senate, The cuts to the SNAP program have passage without intervening motion except had adopted such concurrent resolu- not gotten as much attention as the one motion to recommit with or without in- tion. That is subject to debate. Medicare cuts, even though they are structions. So I want the House to be really SEC. 2. (a) Pending the adoption of a con- cause for collective alarm. As we know, current resolution on the budget for fiscal clear here that, given this language, over half of our citizens in the United year 2013, the provisions of House Concurrent there is a real—it seems probable and States, working people, many of them, Resolution 112, as adopted by the House, likely that if we vote ‘‘yes’’ for House found themselves with no other in- shall have force and effect in the House as Concurrent Resolution 112, the Repub- come. They had no job. We played though Congress has adopted such concur- lican budget, which ends Medicare for a phony baloney with the unemployment rent resolution (with the modifications spec- voucher system, ends the entitlement insurance. They had nothing except ified in subsection (b)). under Medicaid, cuts food support, cuts (b) In section 201(b) of House Concurrent SNAP, formerly known as food stamps. funds by $134 billion over 10 years, that Resolution 112, as adopted by the House, the b 1240 following amounts shall apply: we could be deeming this to be passed. (1) $7,710,000,000 (in lieu of $8,200,000,000) for I am raising again, Mr. Speaker, the And so they had no other income the period of fiscal years 2012 and 2013 with question about that use of ‘‘Congress other than the food stamp program,

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.027 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1861 SNAP, but yet we’re going to cut $134 opponents to my point of order have to ready gave me his answer—that, yes, it million out of this program and con- say. would be deemed to be passed. vert it again to a block grant and Mr. BISHOP of Utah. Mr. Speaker, I I just want to remind people, in this handcuff SNAP’s ability to respond to rise to claim time in opposition to the week when we have learned how impor- its increased need. point of order and in favor of consider- tant it is to have a stable, good budget Mr. Speaker, can I ask you how much ation of the resolution. for women, that this program slashes time I have remaining? The SPEAKER pro tempore. The gen- funding for Medicaid—two-thirds of The SPEAKER pro tempore. The gen- tleman is recognized for 10 minutes. adults are women who depend on it. It tlewoman has 51⁄2 minutes remaining. Mr. BISHOP of Utah. I am pleased to slashes Medicare—two-thirds of the re- Ms. MOORE. I yield 2 minutes to my be down here for this procedural issue cipients are women. And 85 percent of good friend and neighbor from the that is before us. The question before Medicare recipients that are older than great State of Illinois (Ms. SCHA- the House is: Should the House now 85 depend on it. KOWSKY). consider House Resolution 614? While It cuts support for key programs like Ms. SCHAKOWSKY. I thank the gen- the resolution waives all point of order childcare, which are important to tlewoman for yielding, and I rise in against consideration of the bill, the women, and job training. It cuts core support of her point of order. committee is not aware of any points programs like food stamps. Our Presi- All this talk of ‘‘deeming and pass- of order. dential candidate said that 93 percent ing,’’ those words mean nothing to the The waiver is prophylactic in nature. of women lost jobs during the reces- American people, but the vote we are The Congressional Budget Office has sion. Why would we want to take away about to take means a lot. stated that H.R. 4089 contains no inter- the safety net of food stamps when What Republicans are trying to do is governmental or private sector man- women put food on the table every day to jam through the Republican budget dates as defined in the Unfunded Man- trying to feed their babies? and pretend that it’s the law of the date Reform Act and would impose no Mr. Speaker, this program—which land. They have to play these games costs on State, local, or tribal govern- will be deemed to be passed—needs because last year the American people ments. Again, Mr. Speaker, this waiver more review, and I would ask you to rejected this budget the first time is prophylactic, and the motion from find my point of order in order. Mr. Speaker, how much time do I around. But instead of doing some soul- the gentlelady from Wisconsin is dila- have remaining? searching and offering a bill that re- tory. The SPEAKER pro tempore. The gen- flects the true priorities of this Nation, In order for the House to continue the Republicans have doubled down, tlewoman has 1 minute remaining. our scheduled business for today, we Ms. MOORE. I reserve the balance of and the results are truly astonishing. need to continue on with this proposal my time. As has been mentioned, this budget and dealing with the rule that is before Mr. BISHOP of Utah. Mr. Speaker, I ends the Medicare guarantee while us. reserve the balance of my time. raising health costs for seniors who I reserve the balance of my time. Ms. MOORE. I want to thank the gen- have an average income of just $19,000 Ms. MOORE. Mr. Speaker, I would tleman for a vigorous debate—at least a year. It increases defense spending ask the gentleman if he would yield to on my part—and I would ask my col- while placing a cap on food assistance a question. leagues to take a closer look. and cutting Medicaid. It gives the aver- Mr. BISHOP of Utah. Well, I would be This is the Congress of the United age multi-millionaire—listen to this—a happy to, but I don’t control the time. States of America. We are supposed to tax break of $394,000 while raising taxes Ms. MOORE. I would yield my time do things very carefully. This is the on the middle class. It protects sub- for the purpose of your answering my budget that we’re setting out, the sidies for oil companies and corpora- question. moral document for how this country tions that ship jobs overseas while The Speaker has declined to answer is to be run, and we should not be slashing investments that create jobs my parliamentary query and said that deeming it as passed, as this resolution and rebuild the middle class. The cuts that would be settled during the de- calls for. are so severe that if their policies are bate. So is it your understanding that I would ask all my colleagues to sup- carried out, by 2050 there is almost passage of this resolution will or will port my point of order and ask them to nothing left of discretionary spending not deem the Republican budget to vote against this resolution. but defense. As the Center on Budget have been passed in all of the Congress? I yield back the balance of my time. and Policy Priorities has said, most of I yield to the gentleman. Mr. BISHOP of Utah. Mr. Speaker, the rest of the government will simply Mr. BISHOP of Utah. I would not once again, I wish to remind the body ‘‘cease to exist.’’ dare to try and supersede my interpre- that we are dealing with a procedural But it doesn’t have to be this way. tation over the Speaker’s interpreta- issue. We’ve heard a great deal of pol- Yesterday, Republicans in the Senate tion. That is his responsibility. How- icy debate here, but what we are deal- rejected a perfectly reasonable pro- ever—— ing with is a procedural issue. posal—that millionaires and billion- Ms. MOORE. No, no, no. He said it The policy of the debate has been de- aires shouldn’t pay a lower tax rate would be determined during debate. bated on this floor and will be debated than a middle class family does. They Mr. BISHOP of Utah. Would you in the future as well under two cri- should have passed the Buffett rule in allow me to answer the question? teria: one, either allowing our commit- the Senate, which would have been an Ms. MOORE. Yes. tees to move forward with its author- important first step toward addressing Mr. BISHOP of Utah. That is still the ization, appropriations, and reconcili- our fiscal challenges in a fair way—a Speaker’s responsibility. However, ation efforts, in which case certain pro- way that cuts waste, not opportunity; what deeming applies to is that these cedural techniques must take place; or, protects Social Security, Medicare, and are for procedural considerations al- two, actually allowing the Senate to do Medicaid; creates jobs and builds the lowed to go forward until such time as their work and pass a budget, going to economy; and asks more from those an actual budget has indeed passed. So a conference, and then moving forward who can afford it. the answer to your question is actually in that manner. One way or the other, This Republican budget is not a seri- both: Temporarily, yes; long term, ob- the procedure must go forward. This is ous effort. It’s a radical proposal. But viously no. not policy we’re debating here, it’s pro- I’ll give them credit for one thing: at Ms. MOORE. Reclaiming my time. cedure. least they’re honest in proposing this Mr. BISHOP of Utah. At some time, There is precedence for what we are irresponsible budget. the Senate has to do their work. Hope- doing. Indeed, in the last Congress, Ms. MOORE. Mr. Speaker, how much fully, they will do it soon and then this H.R. 1500, the opposition party, the mi- time do I have left? issue would be moot. nority party, also deemed resolutions The SPEAKER pro tempore. The gen- Ms. MOORE. Reclaiming my time and brought them forward—actually, tlewoman has 31⁄2 minutes remaining. from the point at which I said I was re- it’s happened six times in our history. Ms. MOORE. I reserve the balance of claiming my time. And I ask that he be The only difference between the deem- my time. I would love to hear what the taxed for that extra time because he al- ing that we have here and the deeming

VerDate Mar 15 2010 04:28 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.029 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1862 CONGRESSIONAL RECORD — HOUSE April 17, 2012 that happened in the last session of Guinta McCaul Ros-Lehtinen Ryan (OH) Sires Visclosky ´ Congress is that this particular budg- Guthrie McClintock Roskam Sanchez, Linda Smith (WA) Walz (MN) Hall McCotter Ross (FL) T. Speier Wasserman et—which will be debated again—actu- Hanna McHenry Royce Sanchez, Loretta Stark Schultz ally went through a committee and had Harper McKeon Runyan Sarbanes Sutton Waters a vote on the floor. Unfortunately, Harris McKinley Ryan (WI) Schakowsky Thompson (CA) Watt Schiff Thompson (MS) when the Democrat Party did that a Hartzler McMorris Scalise Waxman Hastings (WA) Rodgers Schilling Schrader Tierney Welch Schwartz Tonko couple years ago, they had not gone Hayworth Meehan Schmidt Wilson (FL) Heck Mica Scott, David Towns through a committee, they did not Schock Woolsey Hensarling Miller (FL) Serrano Tsongas have a debate on the floor or in com- Schweikert Yarmuth Herger Miller (MI) Scott (SC) Sewell Van Hollen mittee or a vote on anything. Actually, ´ Herrera Beutler Miller, Gary Scott, Austin Sherman Velazquez the numbers that were deemed at that Huelskamp Mulvaney Sensenbrenner NOT VOTING—22 time were less than 1-day’s notice be- Huizenga (MI) Murphy (PA) Sessions fore they were actually voted on the Hultgren Myrick Shimkus Andrews Denham Napolitano Hunter Neugebauer Shuler Austria Doggett Rangel floor. And everyone who has spoken Hurt Noem Shuster Burton (IN) Filner Scott (VA) Issa Nugent against this procedure voted for that Simpson Cardoza Fincher Slaughter Jenkins Nunes Carney Hirono particular deeming a couple of years Smith (NE) Walberg Johnson (OH) Nunnelee Cohen Johnson (IL) Smith (NJ) Whitfield ago in the last Congress. Johnson, Sam Olson Costello Marino Smith (TX) Jones Palazzo Cummings McIntyre Southerland 1250 Jordan Paul b Kelly Paulsen Stearns Ms. CHU, Messrs. OLVER and There is precedence for this, and the King (IA) Pearce Stivers GARAMENDI changed their vote from King (NY) Pence Stutzman precedence is solely a procedural issue. Sullivan ‘‘yea’’ to ‘‘nay.’’ Kingston Petri Mr. SHIMKUS and Mrs. MILLER of This is not the time to talk about the Kinzinger (IL) Pitts Terry policy. There was a time before, and Kline Platts Thompson (PA) Michigan changed their vote from there will be time in the future. This is Labrador Poe (TX) Thornberry ‘‘nay’’ to ‘‘yea.’’ Lamborn Pompeo Tiberi a procedural precedent, and we can Lance Posey Tipton b 1317 only move forward in doing the work of Turner (NY) Landry Price (GA) So the question of consideration was this Congress—and I appreciate the Lankford Quayle Turner (OH) Upton decided in the affirmative. other side for at least admitting that Latham Reed LaTourette Rehberg Walden The result of the vote was announced the Republicans are trying to move for- Latta Reichert Walsh (IL) as above recorded. Webster ward in the work of this Congress—if Lewis (CA) Renacci A motion to reconsider was laid on we have certain procedural issues done LoBiondo Ribble West Long Rigell Westmoreland the table. in advance. That’s what we are at- Lucas Rivera Wilson (SC) Stated against: tempting to do. Luetkemeyer Roby Wittman Mr. FILNER. Mr. Speaker, on rollcall 154, I Lummis Roe (TN) Wolf So, in order to allow the House to was away from the Capitol due to prior com- continue its scheduled business of this Lungren, Daniel Rogers (AL) Womack E. Rogers (KY) Woodall mitments to my constituents. Had I been day, I urge Members to vote ‘‘yes’’ on Mack Rogers (MI) Yoder present, I would have voted ‘‘no.’’ the question of the consideration of Manzullo Rohrabacher Young (AK) Mrs. NAPOLITANO. Mr. Speaker, on Tues- this resolution, and I yield back the Marchant Rokita Young (FL) McCarthy (CA) Rooney Young (IN) day, April 17, 2012, I was absent during roll- balance of my time. call vote No. 154 due to a family health emer- The SPEAKER pro tempore. All time NAYS—175 gency. Had I been present, I would have for debate has expired. Ackerman Dingell Lewis (GA) voted ‘‘nay’’ on the Question of Consideration The question is, Will the House now Altmire Donnelly (IN) Lipinski of H. Res. 614, the resolution providing for consider the resolution? Baca Doyle Loebsack consideration of the bill H.R. 4089, to protect The question was taken; and the Baldwin Edwards Lofgren, Zoe Barrow Ellison Lowey and enhance opportunities for recreational Speaker pro tempore announced that Bass (CA) Engel Luja´ n hunting, fishing and shooting, and for other the ayes appeared to have it. Becerra Eshoo Lynch purposes. Ms. MOORE. Mr. Speaker, on that I Berkley Farr Maloney Berman Fattah Markey The SPEAKER pro tempore. The gen- demand the yeas and nays. Bishop (GA) Frank (MA) Matheson tleman from Utah is recognized for 1 The yeas and nays were ordered. Bishop (NY) Fudge Matsui hour. The vote was taken by electronic de- Blumenauer Garamendi McCarthy (NY) Mr. BISHOP of Utah. Mr. Speaker, to vice, and there were—yeas 234, nays Bonamici Gonzalez McCollum Boren Green, Al McDermott continue on, for the purpose of debate 175, not voting 22, as follows: Boswell Green, Gene McGovern only, I yield the customary 30 minutes [Roll No. 154] Brady (PA) Grijalva McNerney to the gentleman from Massachusetts Braley (IA) Gutierrez Meeks YEAS—234 Brown (FL) Hahn Michaud (Mr. MCGOVERN), pending which I yield Adams Burgess Emerson Butterfield Hanabusa Miller (NC) myself such time as I may consume. Aderholt Calvert Farenthold Capps Hastings (FL) Miller, George During consideration of this resolu- Akin Camp Fitzpatrick Capuano Heinrich Moore tion, all time yielded is for the purpose Alexander Campbell Flake Carnahan Higgins Moran Amash Canseco Fleischmann Carson (IN) Himes Murphy (CT) of debate only. Amodei Cantor Fleming Castor (FL) Hinchey Nadler GENERAL LEAVE Bachmann Capito Flores Chandler Hinojosa Neal Bachus Carter Forbes Chu Hochul Olver Mr. BISHOP of Utah. Mr. Speaker, I Barletta Cassidy Fortenberry Cicilline Holden Owens ask unanimous consent that all Mem- Bartlett Chabot Foxx Clarke (MI) Holt Pallone bers have 5 legislative days in which to Barton (TX) Chaffetz Franks (AZ) Clarke (NY) Honda Pascrell revise and extend their remarks. Bass (NH) Coble Frelinghuysen Clay Hoyer Pastor (AZ) Benishek Coffman (CO) Gallegly Cleaver Israel Pelosi The SPEAKER pro tempore. Is there Berg Cole Gardner Clyburn Jackson (IL) Perlmutter objection to the request of the gen- Biggert Conaway Garrett Connolly (VA) Jackson Lee Peters tleman from Utah? Bilbray Cravaack Gerlach Conyers (TX) Peterson Bilirakis Crawford Gibbs Cooper Johnson (GA) Pingree (ME) There was no objection. Bishop (UT) Crenshaw Gibson Costa Johnson, E. B. Polis b 1320 Black Culberson Gingrey (GA) Courtney Kaptur Price (NC) Blackburn Davis (KY) Gohmert Critz Keating Quigley Mr. BISHOP of Utah. The resolution Bonner Dent Goodlatte Crowley Kildee Rahall provides for a structured rule for the Bono Mack DesJarlais Gosar Cuellar Kind Reyes Boustany Diaz-Balart Gowdy Davis (CA) Kissell Richardson consideration of H.R. 4089, a bill to pro- Brady (TX) Dold Granger Davis (IL) Kucinich Richmond tect the traditional rights of American Brooks Dreier Graves (GA) DeFazio Langevin Ross (AR) sportsmen to fish and hunt on public Broun (GA) Duffy Graves (MO) DeGette Larsen (WA) Rothman (NJ) lands free from undue and illogical bu- Buchanan Duncan (SC) Griffin (AR) DeLauro Larson (CT) Roybal-Allard Bucshon Duncan (TN) Griffith (VA) Deutch Lee (CA) Ruppersberger reaucratic restrictions and unwar- Buerkle Ellmers Grimm Dicks Levin Rush ranted and irrational limitations, and

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.030 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1863 provides for 1 hour of general debate folks who used to be so outraged at private plans to tailor their plans to healthy equally divided and controlled by the this kind of abuse of regular order? beneficiaries—again, putting traditional chairman and ranking minority mem- Why aren’t they yelling and scream- Medicare at risk. ber of the Committee on Natural Re- ing? Finally, AARP says: sources. There hasn’t been a single committee Converting Medicare to a series of private Mr. Speaker, I am actually pleased to debate or markup on this language. options would undermine the market power stand before this House today and sup- These provisions undercut the bipar- of Medicare and could lead to higher costs for seniors. port this rule, as well as the underlying tisan budget floor negotiated by Presi- legislation. Far too often decisions are dent Obama and Speaker BOEHNER in That’s a hard-hitting analysis from a made to placate certain political spe- the Budget Control Act. And worst of nonpartisan group, and it shatters the cial interest groups who are all, these provisions end the Medicare myth that the Ryan Medicare plan headquartered far away from the loca- guarantee again. wouldn’t harm current or future sen- tions they seek to dominate and con- The American people get it. They iors. Mr. Speaker, Democrats oppose the trol, and too often the needs of local said ‘‘no’’ to the Ryan budget last year. Ryan budget because it’s the wrong citizens and local taxpayers who live in They don’t want Medicare to turn into plan for America, and the deeming lan- those areas in which the impact will a voucher program. They don’t want to guage included in this rule would force occur are ignored. This asks for our see their health care rationed or cut. They don’t want Washington politi- the Ryan budget on this House without consideration. a direct vote. That’s right: there’s no Too often local and State consider- cians trying to pull the rug out from up-or-down vote on this plan. No, the ations are not taken into account. Too underneath them after years of con- rule simply ‘‘deems’’ that the Ryan often there are inconsistencies within tributing to this important program. budget takes effect, despite the lack of the public domain where the BLM, Fish We made a promise to America’s sen- iors, Mr. Speaker. And once again, the a budget resolution conference report. and Wildlife, and the National Park Americans want us to focus on jobs Republican leadership is breaking their Service will have different rules. And and the economy, not on partisan promise. the difficulty, obviously, for a citizen games designed to throw red meat to is not knowing where one starts and Mr. Speaker, it’s bad enough that the Republican leadership doesn’t want to the right wing of the right wing. Reject where one ends. This bill tries to bring this rule and reject the Ryan Medicare focus on getting Americans back to some consistency. And though I don’t plan. work. It’s bad enough that they’re know how much of the debate will I reserve the balance of my time. occur on this particular issue, it is pushing cuts that will make hunger in Mr. BISHOP of Utah. As was stated about hunting and fishing on public America worse. That’s evidenced by on the point of order, when we talk lands. the fact that tomorrow in the Agri- about deeming—a term that, obviously, With that, Mr. Speaker, I reserve the culture Committee we’re going to be most Americans have never heard—a balance of my time. asked to vote on a package to cut $33 procedural issue, we have had the pol- Mr. MCGOVERN. Mr. Speaker, I yield billion out of the SNAP program, in- icy debate, and we will have in the fu- myself such time as I may consume, creasing hunger in America if that ture the policy debate. But this point and I thank the gentleman from Utah would succeed. But their insistence on is about procedure. (Mr. BISHOP) for yielding me the cus- continuing to push for an end to Medi- So, Mr. Speaker, if you will allow me, tomary 30 minutes. care is indescribable. I’d actually like to go back to the topic (Mr. MCGOVERN asked and was Now, I’m sure my Republican friends of the debate we have today and the given permission to revise and extend will deny that they want to end Medi- topic of the rule and, indeed, the topic his remarks.) care for America’s seniors. They’ll say of the bill, which deals with hunting Mr. MCGOVERN. Mr. Speaker, tech- their idea is bipartisan, even though and fishing. That ought to be what we nically, this rule allows for consider- it’s not. They’ll say that the detractors are talking about in here, because that ation of H.R. 4089, the Sportsmen’s Her- are exaggerating. But the truth hurts. is the issue before us in the underlying itage Act, a patchwork quilt of four This is not bipartisan. Yes, Senator bill—hunting and fishing. And it is sig- different bills that ease restrictions on RON WYDEN cosponsored health care nificant because what this bill asks for guns and hunting. This bill, a sop to legislation with Congressman PAUL those who are sportsmen in America is the gun lobby, deserves to be defeated RYAN, but Senator WYDEN has also said that hunting and fishing be recognized by the House. that he does not support the Medicare as a historic and traditional recreation But that’s not the most important provisions in the Ryan budget. Once activity and that our bureaucracy back part or most egregious part of this again, he said he does not support the here in Washington will support and rule. That’s because of the language provisions in the Ryan budget with re- protect those hunting and fishing slipped into this rule at the last gard to Medicare. I’m sure someone rights, although we do not insist that minute by the Rules Committee—lan- will, once again, try to twist his words they prioritize them. guage that sets the budget numbers for around, but they are very clear to me, What that means in simple language the next fiscal year, and language that, Mr. Speaker. is if the agencies back here in the bu- Mr. Speaker, once again ends the Medi- This plan is not bipartisan. This is reaucracies of Washington decide that care guarantee for America’s seniors. wholly owned by the Republicans and some area of public land should be That’s right, Mr. Speaker. Last the Republican leadership, and I know closed to public recreation, they have night, the Republicans on the Rules my friends will say that this doesn’t to have a darn good reason to do it. In Committee pulled a switcheroo just be- change Medicare. That, too, is a mis- fact, the bill lists some reasons to do fore our vote on the rule. Now, these representation of their plan. But don’t it—fire safety, public safety, national weren’t just harmless, innocuous provi- take my word for it. Let me read di- security, or compliance with State sions. No, Mr. Speaker. These provi- rectly from the AARP’s letter opposing laws or regulations, and only then and sions would effectively enact the Ryan the Ryan budget: there. Indeed, in addition to having budget and require that Congress use it By creating a ‘‘premium support’’ system that criteria, unlike other elements as a framework for the rest of the year. for future Medicare beneficiaries, the pro- when we deal with public-lands issues, The irony is that by adopting this posal is likely to simply increase costs for there is a specific time limit on when language now, the Republican leader- beneficiaries while removing Medicare’s promise of secure health coverage. these decisions have to be made; and if, ship is admitting that their awful indeed, the agency will not make those AARP goes on to say: budget resolution isn’t going anywhere decisions in a timely fashion, it reverts and that this so-called ‘‘deeming reso- The premium support method described in back to what it was and these activi- lution’’ is the only way forward. It’s the proposal—unlike private plan options that currently exist in Medicare—would ties may go forward. ironic because they are using par- likely ‘‘price out’’ traditional Medicare as a Do we need to do this? Of course we liamentary tricks and sleight-of-hand viable option, thus rendering the choice of do. One Bureau of Land Management to pretend that their budget has the traditional Medicare as a false promise. The official implied that recreational hunt- force of law. Where are the Tea Party proposal also leaves open the possibility for ing should be eliminated on public

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.034 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1864 CONGRESSIONAL RECORD — HOUSE April 17, 2012 lands because, in his words: The urban- including the rule to start forward in pening here, they get more and more ites freak out when they hear the that process. outraged by the activities of the Re- sound of shots being done on public With that, Mr. Speaker, we will talk publican leadership. This is not what lands. about other elements, I’m sure, that the American people want. They re- I suggest to you that is not a logical will come up, but we can do that at a jected this attempt to undercut Medi- reason on why hunting and fishing later time, and I reserve the balance of care last year, and they’re going to re- rights should be prohibited; and, there- my time. ject it again. fore, you need this language in here to Mr. MCGOVERN. I yield myself such I urge my colleagues to vote ‘‘no’’ on make sure those hunting and fishing time as I may consume. this rule. Vote ‘‘no’’ on this rule, and I rights are indeed protected. Mr. Speaker, I can see why my good reserve the balance of my time. There will be one amendment that friend from Utah is so desperate not to Mr. BISHOP of Utah. Again, Mr. will come forward later on that talks talk about the deem-and-pass language Speaker, I yield myself such time as I about recreational shooting. I want to which is included in this rule. I would may consume. remind this body that under the rules remind him, and I remind others on the I appreciate the concerns of some that we have, that includes such things other side, that back in March of 2010, people who do not live in areas that as reenactments. If ever the Bureau of Speaker JOHN BOEHNER said that the have a vast amount of public lands Land Management or the National deem-and-pass strategy was ‘‘one of the owned and controlled by the Federal Park Service has a reenactment, if most outrageous things I have seen Government, who don’t see the need for that amendment were to be passed, you since I have been in Congress.’’ That’s some of those situations to be modi- couldn’t actually shoot a flintlock be- what the current Speaker of the House fied, rectified, and secured. For those of us who have the joy of cause it would violate some of the pro- said back in March of 2010. And now, the Federal Government as an absentee posed rules here. astonishingly, everybody on the other side of the aisle is quiet about that. landlord, this bill is actually of signifi- b 1330 Let me just say this, Mr. Speaker. cance. It’s not just another gun bill; It also goes on to say that Congress This place is becoming an institution it’s dealing with ways of life and recre- has, for a long time, banned EPA from where trivial matters get debated pas- ation opportunities that should and making rules or regulations dealing sionately and important ones not at ought to be maintained at all times. with lead ammunition or flying equip- all. My friend from Utah is saying this But, Mr. Speaker, there is the deem- ment. And yet, once again, we have a is all about the guns, the gun issue. ing portion of this that happens to be there. Senator Eugene McCarthy of nuisance lawsuit that was filed on Well, that’s the least important part of Minnesota, that name that goes back March of this particular year peti- what this rule does. tioning the EPA to make a decision to This rule deems the Ryan budget. It to my childhood, once gave a wonderful try and ban this particular process. basically says that we’re going to oper- article in which he told people that if you were a Senator not to worry about There is no scientific evidence for that ate under those very difficult numbers the rules of the Senate because none of petition. that Congressman RYAN and the Re- the Senators know what they are, so But we don’t know necessarily what publicans’ Budget Committee have just go ahead and try what you want some of the agencies in here making passed. And what it means is that we’re to. He also said that if you’re a House bureaucratic regulations—in effect, going to end Medicare as we know it. Member, rules of the House are too making a legislative decision within That’s more important to talk about complex, so just ask the Parliamentar- the body of an executive agency—will than guns. What it means is that we’re ians; don’t try to learn them. There’s a do. Therefore, this legislation, once going to force more people into food in- load of wisdom in that, because what again, makes it crystal clear that Con- security and hunger because it’s going gress has spoken on this issue, that we have in here, in this particular to result in drastic cuts in food and nu- deeming section, is a procedural issue, Congress has primacy on this issue, trition programs. That’s more impor- something that must take place ac- and that Congress’ decision on this tant to talk about than guns. cording to our rules if we, indeed, are issue should, indeed, be respected. The fact of the matter is this rule un- to go forward with the work of what This bill stops red tape by the bu- dercuts the social safety net in this Congress is supposed to be. reaucracies that has stopped legal country. This rule, if it is passed and Unlike the rhetoric that we have hunting trophies from coming into this these numbers become what the House heard so far, this is not the debate on country. I emphasize the word ‘‘legal’’ operates under, I think will destroy the the policy issue. That has happened in hunting trophies. middle class and will force more people the past. That will come again in the This bill is supported by every in the middle into poverty. It under- future. This rule is simply about the sportsmen’s group imaginable. cuts programs in education, and it un- procedure if we allow Congress to move Some people would say this is a Sec- dercuts programs in environmental forward with our work. ond Amendment issue. I don’t nec- protection and investments in our in- I have said there is precedent for essarily want to go that far because frastructure and aid to cities and this. Six times in the history of the our Second Amendment is about an in- towns helping our police, helping our House these kind of deeming provisions dividual right to self-defense. Hunting firefighters. have been written into the budget. Is it was not the purview of the Second As I said—I cannot say this enough— good? Of course not. No one wants to Amendment when it was adopted. But, this ends Medicare as we know it. If do it this way. But it has to go forward indeed, the ability of people to bear people want to end Medicare, then vote simply because of the dynamics of the weapons on public lands to do hunting for this rule, because that’s exactly two Houses that we have here right and fishing when it is allowable is im- what this rule will require. And I think now. portant, and it is important for us to that’s outrageous. There are some As I said, this has precedent for it. step forward and say that it should be things worth fighting for; and the pro- In 2010, indeed, there was another protected. tection of Medicare is one of those deeming motion that was made here on In essence, what this bill does is say things, at least on our side of the aisle, the floor in House Resolution 1500 of to those who like to recreate on public we think is worth fighting for. that particular year. The gentleman lands, and that recreation includes So please do not be fooled that this is from Massachusetts was the sponsor of hunting and fishing, that is a tradi- some innocuous rule that would merely that on the floor, as well, in which, at tional, that is a historic activity and bring up a bill dealing with guns. This that time, under Democratic control, that should be maintained, and any of bill deems the Ryan budget as basically we also deemed. There was a difference, those efforts by special interest groups passed, as if it has gone through the though, in that deeming of that time. to try and curtail that will be rejected House and the Senate, and the numbers Under this time, there has been a budg- by this Congress. That’s why this bill is that we’re going to operate under in all et that has gone through the Budget here, that’s why this bill is significant, of our committees. Committee and that was voted on in that’s why this bill is important, and I think that as the American people the Budget Committee and was debated that’s why this bill should be passed, pay closer attention to what is hap- on the floor and passed on the floor.

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.035 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1865 In 2010, there was no budget that Sans that opportunity, we’ve got to year, protects tax breaks for special in- went through a Budget Committee and move forward. This is a procedural terests and Big Oil, and forces the mid- did not have a vote. Indeed, the num- issue to move us forward with prece- dle class to foot the bill. Ends the bers were only given a day before the dents, having been done in the last Medicare guarantee, is a job killer to actual vote took place under martial Congress, precedents. I ask that you the tune of 4 million jobs, gives over law. At that time, in 2010, this House consider that. $400,000 in tax cuts to people making resolution was hereby adopted. We’re I reserve the balance of my time. over $1 million a year. How can that be not doing that this time. What we are Mr. MCGOVERN. Mr. Speaker, let me a statement of our national values? simply doing is allowing the process to just say that if this were nothing, my We also know that the Republican go forward. friends on the other side of the aisle budget will undermine Medicaid for the Now, there are two ways of doing would not be hiding this deeming lan- elderly and people with disabilities, this: either we can pass this deeming guage in a rule dealing with guns. We’d slash critical investments in edu- concept for the House so that the ap- have a straight up-or-down-vote on the cation—education, where all innova- propriation bills and the authorization floor on the deeming provision. tion springs from, education, the bills and the reconciliation bills within The fact of the matter is that this source of America’s competitiveness their committee can go forward with rule magically puts the Ryan budget internationally, education, the source some kind of standard on what they into effect, and what that means is an of people reaching their aspirations in are doing. To do so without that is like end to Medicare as we know it. And life. Education, jobs, and health care playing a baseball game without any we’re going to fight my friends on the would be slashed. umpires where no one is there to say other side of the aisle who want to de- And we know that cuts have to be what is a ball and what is a strike and stroy one of the most important social made, and important spending deci- if there is an out or a safe. That’s what programs that we have in this country. sions must be made. But you just can’t this concept would do. At this point, I yield 1 minute to the say let seniors pay more for Medicare, There’s another way of solving that gentlewoman from California (Ms. let’s not invest in education and the same problem, and that’s asking our PELOSI), the Democratic leader. good friends on the other side of this rest, while we give tax breaks to the Ms. PELOSI. Mr. Speaker, I thank wealthiest people in our country. Chamber, the Senate, to finally pass a the gentleman for yielding and for giv- So this bill, called a budget bill, budget so that we can work together ing us all this opportunity to speak breaks the deal. It breaks the debt and move forward. about what is happening on the floor agreement. It makes matters worse for Look, the Senate has refused to pass today. It’s happening just as we have the deficit. It breaks the deal struck a budget in, now, 1,081 days; 1,081 days returned from 2 weeks with our con- last summer, abandoning a firm bipar- the Senate has refused to do a budget stituents, listening to them talk about tisan promise to the American people. on their side. And we should not be core challenges facing the American Americans already rejected the Re- paralyzed because of their inaction. In people and the key priorities our fami- publican budget plan last year, and 1,081 days, Henry VIII married, di- lies, businesses, and workers are fac- this year is no different, except the Re- vorced, and beheaded his wife in less ing. time than that. Americans have made it clear over publicans think so—by bringing it up The Senate should be willing to move and over again. It is their constant over and over again, and this time by forward, and if they did, if they passed message. We must work together to saying we know it can’t pass the Sen- the budget and we have this conference create jobs and grow our economy. We ate, so we’ll just deem it passed in the committee, we could actually move must preserve the economic security of House. forward in that time. But without that, our seniors, the middle class, and small Rather than trying to fool the Amer- we have to do something else proce- business owners. This is all the back- ican people, the Republicans are being dural so that our committees can actu- bone of the middle class, the backbone called upon to join us today in oppos- ally pass authorization bills, appropria- of our democracy. ing today’s previous question and sim- tion bills, and reconciliation bills and We must protect Medicare and not ply allowing the House to vote. And bring them here to the floor in some dismantle it. And yet, Mr. Speaker, our our measure would say, if the Repub- kind of order. Republican colleagues are at it again. licans contend—and they do—that We have to have a budget if you don’t Not once, not twice, not three times, their bill does not hurt Medicare, then want to have a government shutdown. but now four times are they voting to let the House go on record and say that You have to have a budget if you want cut the Medicare guarantee. We must our measure would prohibit any plan to a reconciliation that will solve what protect Medicare. eliminate Medicare, raise costs, ration Secretary Panetta says is that seques- We must enact a budget that reflects care, or reduce the benefits for seniors ter meat ax that would happen to the our Nation’s values of fairness and op- and people with disabilities. defense of this country. portunity and puts the American By supporting our proposal we can b 1340 Dream in reach for every American. keep the bedrock promise to our sen- You have to have a budget because Yet, House Republicans simply refuse iors that, after a lifetime of work, all the Senate refuses to do a budget. I to listen to what the American people Americans should be able to retire with find it surprising that some on the are saying to us. Instead, they have de- dignity and security. other side are basically arguing not to cided to pull a stunt here today and As Members of Congress, we each do anything, which would actually lead ‘‘deem and pass’’ their devastating have a responsibility to protect Medi- to shutting down the government or budget. They know their budget cannot care for our seniors, to create jobs for draconian cuts, or basically telling us stand the scrutiny of the House, the our workers, to grow our economy, to we’re not supposed to do our work. Senate and the rest, so they want to build a strong, all-inclusive, and thriv- That is ridiculous. deem and pass it using a procedural ing middle class. This is not a great concept. I’m not trick to pretend that both the House As Democrats, we are committed to happy that we’re doing this. It would and the Senate have signed off on their reigniting the American Dream, to be much better if the Senate would do radical agenda. building ladders of opportunity for all their work and let us work together. But the American people know bet- who want to work hard, play by the Or maybe there’s a third option. Con- ter. They know that the Republican rules, and take responsibility. And we gressman Berger of Wisconsin, back in budget ends the Medicare guarantee, want them all to succeed. We just don’t the 1920s, suggested that a constitu- making seniors pay more to get less on want people that make over $1 million tional amendment would be passed to the way to severing the Medicare guar- to climb up their ladder, make over $1 dissolve the U.S. Senate and leave only antee completely; that this budget de- million a year, and then pull up the the House. That is a third option that stroys more than 4 million jobs in the ladder so that no one else can even would solve our problems, and perhaps next 2 years, destroys jobs. And three, reach some level of success. our friends on the other side would like gives a tax cut of nearly $400,000 to peo- We ask our House Republican friends, that option better. ple making more than $1 million per please let us work together to reach

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.037 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1866 CONGRESSIONAL RECORD — HOUSE April 17, 2012 our shared goals to strengthen fami- First of all, I would like to strongly of high fire hazard. We saw forest fires lies, to secure a future of prosperity for agree with the previous speakers on in Colorado started by recreational tar- all people in our country. our side of the aisle that this is trying get shooting. I urge my colleagues to vote ‘‘no’’ on to shield the public from the full con- Now, of course our friends on the the previous question to stop the drive sequences of the Republican budget. other side of the aisle aren’t concerned to deem and pass a measure that will We just left the Budget Committee, about increased global warming, in- end the Medicare guarantee. where we had an opportunity for people creased drought, extreme weather con- Mr. BISHOP of Utah. I appreciate the to start looking at what is going to ditions; but for heavens sakes, taking former Speaker’s visit to the floor, and happen were their budget to move for- away the ability of the local managers I have a comment to make about the ward. And make no mistake, if our to be good stewards of the land, to take verbiage of deem and pass. friends on the other side of the aisle away the authority of the EPA to ever But first, before we get there, I’d like thought that this ‘‘deem and pass’’ was deal with appropriate regulations on to actually have someone talk about just a little modest procedural thing to things like lead is just silly. It’s not the resolution itself. I yield 2 minutes do and it was a good idea, we would be appropriate, it’s not good policy, and to the gentlewoman from Michigan having the budget discussion here with it’s part of an effort to obscure the real (Mrs. MILLER) to actually go back to trumpets blaring. The reason we’re not efforts that are under way, and that what it’s supposed to be about, hunting is what you saw in a moment of candor has to do with being able to weasel this and fishing. by the Presidential nominee—evi- Republican budget legislation through Mrs. MILLER of Michigan. I thank dently—Romney talking about what’s with as little public scrutiny as pos- the gentleman for yielding. going to happen. About Departments sible. Mr. Speaker, I rise in favor of the like Housing and Education that are I strongly urge rejection of the rule. legislation and the rule as well. going to be shrunk or eliminated, talk- Mr. BISHOP of Utah. I thank the Our Nation has been blessed with ing about the massive tax increases gentleman from Oregon for being here. such magnificent natural wonders that that are going to be necessary on mid- It was exhilarating to hear someone ac- provide great enjoyment for those who dle America if they’re going to give tually talking about the bill before us. hunt and fish, and today, our sports- these additional tax reductions for peo- Unfortunately, it was slightly inac- men continue a wonderful and a great ple who need it least. curate as well, so if I could make a cou- tradition that has defined our Nation. There’s a reason why this is being ple of corrections. Unfortunately, far too often sports- shuffled through without a full, honest The trophy concept that is there is men are stymied in their efforts to debate about the consequences. I’m not opening it up for new elements. It build upon this great American tradi- hopeful that this falls short. But make is simply saying those trophies that tion and heritage because of over- no mistake, this is a sad effort to back were already legally hunted and have zealous bureaucrats and activists who away from assertions from the Repub- been denied access to this country can seem to want to go to almost any licans that they were going to try and be accessed into this country. It means, really, to stop hunting and fish- open up the process, be inclusive, en- doesn’t expand anything. Indeed, rath- ing. gage people in a broad discussion. In- er than actually taking away State and Today, by passing the Sportsmen’s stead we get legislation like this. local control, one of the provisions of Heritage Act of 2012, we will make a I listened to my good friend from this bill is that the rules will be at- statement of support for our Nation’s Michigan just sort of passing over, for tuned to State and local laws, which sportsmen and -women. This bill states example, the little item about being means State and local authorities ac- clearly that fishing and hunting and able to bring in trophies animals that tually have a great deal of authority shooting are important activities that have been hunted in Canada. Back up under this particular bill. They have create jobs and must continue on pub- and look at what’s happening here. more authority than a bureaucrat sit- lic land, and it requires those that This encourages people to hunt for tro- ting here in Washington. manage the land to make it accessible phies the polar bears, which are threat- But let me go back to what the other and holds them accountable. ened and endangered. They know that people wish to talk about, and that is It takes away the power from the bu- they’re not supposed to import it back this deeming concept again—even reaucrats to limit types of ammunition into the United States, but now these though that is one of the provisions and fishing tackle that they’ve been people go out and kill these animals for and is still not the basis of the bill. trying to limit that can be used on trophy, for sport. Now they’re going to I taught debate for almost a dozen public lands. And it removes red tape be able to bring them here to the years, and I had a debate coach when I that keeps hunters from bringing home United States even though for years was younger who used to say when a limited number of legally-taken tro- it’s been inappropriate to do so. What you’re totally lost on an issue and you phies from Canada as well. sort of incentive is this to respect our don’t know what to do, just find an ar- efforts to protect threatened and en- gument and keep drilling it in over and b 1350 dangered species like the polar bear? over again and just maybe the judge And today, Mr. Speaker, we will send Opening up public lands? We’re all in will vote for you. You’ve heard that a very clear message to American favor of being able to use public lands. happening today. No decision is being sportsmen and American sportswomen I come from the West. I’m one of those made on this procedural vote. We did that we are on your side. We value the States where the Federal stewardship actually have a debate and vote 3 important role that you play in up- is over half the land. I represent Fed- weeks ago. That debate would have holding our national heritage and its eral areas in my district, and I rep- been appropriate, was appropriate 3 great tradition of America, and the resent a lot of people who hunt and weeks ago, and will be appropriate in jobs that you create through your ac- fish. I also represent a lot of people the future, but not necessarily. This is tivities as well. who like to hike, people who like the a procedural vote on how we move for- I would urge all of my colleagues to wilderness experience, people who re- ward; it is not a policy vote on how we join me in supporting this very impor- spect efforts to try and manage our for- move forward. tant legislation and this rule as well. ests. Words do have consequences and Mr. MCGOVERN. Mr. Speaker, let me The SPEAKER pro tempore. The meaning. The Speaker was kind enough just repeat, this rule has very little to time of the gentleman has expired. to come in here and talk about how we do with sportsmen, but it has an awful Mr. MCGOVERN. I yield the gen- are deeming and passing something. I lot to do with ending the Medicare tleman 1 additional minute. have to take umbrage of that slightly. guarantee as we know it. Mr. BLUMENAUER. This legislation, We are not deeming something and At this point, I yield 3 minutes to the if it were enacted—and mercifully it passing something. That actually took gentleman from Oregon (Mr. BLU- won’t be—would enable some bureau- place in 2010 when Speaker PELOSI pre- MENAUER). crats in Washington, D.C. to trump the sided over House Resolution 1500 that, Mr. BLUMENAUER. I appreciate the decisions of local land managers to try indeed, deemed and then passed some- opportunity to join in this debate. and protect, for example, in condition thing—passed something that had not

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.038 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1867 gone through committee, had not been But to move forward in this manner I the House on Thursday, they’re going discussed or voted by anybody. And think is very, very disruptive. to do another tax break. Look at the with less than a day of actually look- People need to understand that this Joint Tax Committee, a nonpartisan ing at the numbers, that was deemed is not just a rule that allows a gun bill group. Where did the bulk of those and then passed. to come to the floor and, oh, by the funds go—to hedge funds? to Wash- What we are talking about here is way, there’s a few little minor proce- ington law firms? There was $50 billion passing something which happened 3 dural things that are contained in this added to the deficit in 1 year, and it weeks ago and now, so that we can go rule. This is a big deal, this is a huge would be $500 billion over 10 years. forward with the discussion in our deal, and my colleagues need to know When you give tax cuts like that and if committees, deeming it simply because that. you also want to reduce the deficit, it the Senate, once again, in over 1,000 At this point, I yield 5 minutes to the means you cut into everything else. So days has failed to allow us, in a tradi- gentleman from Maryland (Mr. VAN what do you cut? You do cut the Medi- tional way, to move forward. That’s HOLLEN), the distinguished ranking care guarantee. You hit seniors on why this is a procedural vote. This is member of the Committee on the Budg- Medicare. I’ll just show you a chart not about policy. This is not an effort et. that shows exactly what they do here. where you have to pass something to b 1400 If you look at this chart, it shows the find out what’s in it. This is the proce- current support that seniors receive dure in which we will go forward on Mr. VAN HOLLEN. I thank my under the Medicare program. That’s something we have already passed out friend, Mr. MCGOVERN. He is absolutely the blue line. This is the percentage of of committee, on something which is in right. The next vote will be a vote to support they get from the Medicare the nature of what is going forward, double down on the Republican budget. program. As you can see, if you con- which has been debated here on the I appreciate the answer from my col- tinue the Medicare program at the cur- floor, and now allow it to be debated league from Utah (Mr. BISHOP). What rent levels of support, it maintains further. This is procedural. This is pro- the next vote will allow, the vote on that at that level. This green line is cedural. the rule, is for the House to proceed the level of support that Members of Mr. VAN HOLLEN. Would the gen- with the implementation of the Repub- Congress get as part of the Federal em- tleman yield for a question? lican budget. Therefore, if you think ployees’ health benefit plan. Members Mr. BISHOP of Utah. I yield to the that budget is the wrong direction for of Congress get a fixed percentage of gentleman from Maryland. this country, you should vote against the premium costs as part of their Mr. VAN HOLLEN. Isn’t it the case the rule and not give the House the au- plan. When the costs go up, Members of that, in passing this rule, we provide thority to move forward, because Congress’ support for the plan goes up the process by which the budget will be that’s what the next vote is all about. accordingly, and that’s why the level of implemented in the House of Rep- Mr. Speaker, let’s just remember support from Members of Congress— resentatives? Isn’t that the case? what that budget does. I would just re- that’s the green line—stays constant Mr. BISHOP of Utah. I appreciate mind my colleagues that the issue in over time. As for the Medicare voucher that. And reclaiming the time very the debate was not whether or not we plan, huh-uh. Under the Medicare briefly because I know you’re the next reduce the long-term deficit in this voucher plan, as costs for health care speaker and you’re going to go over country. We’ve got to do that. The rise, the amount of the vouchers sen- this issue one more time, yeah, that’s issue was how we do that. The Repub- iors get will not keep pace. That’s how exactly what—there has to be a proce- lican budget did not follow the advice they reduce the deficit. dure to go forward. But, once again, of every bipartisan group that has In other words, it’s another round of unlike what happened in 2010, we’re not looked at the challenge of deficit re- tax cuts for millionaires; but for sen- pulling the numbers out of thin air. duction, because those bipartisan iors who have a median income today You actually had the chance to debate groups have said that we need to take of under $22,000, they’re going to give that earlier in your Budget Committee a balanced approach—meaning, we’ve them a voucher that doesn’t keep pace and will have the chance to debate that got to make some tough cuts. with health care costs. For Members of again on the floor as well as in the We passed some of the Budget Con- Congress, your plan keeps pace with committee. That’s process; it’s a proc- trol Act, and we needed to do more. rising health care costs; not so for sen- ess. If you want to, again, go across the They also said that we needed to deal iors on Medicare. Why? Again, it’s not rotunda and talk to your friends over with the revenue side of the equation, a balanced approach. on the other side, maybe we wouldn’t but the Republican budget doesn’t ask What else does it do? We just had a have to do that. But until they’re will- for one penny—one penny—from mil- hearing today in the Budget Com- ing to do something, we have a proce- lionaires for the purposes of deficit re- mittee on what it does to Medicaid. It dural problem here. duction. It doesn’t close one single tax shreds the social safety net. It cuts With that, I reserve the balance of loophole for the purposes of deficit re- Medicaid by $800 billion over the next my time and look forward to hearing duction—not one. In fact, the over- 10 years. According to the nonpartisan the gentleman. whelming majority of our Republican Congressional Budget Office, by the Mr. MCGOVERN. Mr. Speaker, before colleagues have signed a pledge saying year 2022, Medicaid will be cut by 30 I yield to the ranking member of the they won’t do that, that they won’t percent and, by the year 2050, by 75 per- Budget Committee, again, I want to close one tax loophole for the purpose cent. make it clear to everybody who’s of deficit reduction. Now, the American The SPEAKER pro tempore (Mrs. watching this that this rule is about a people understand the math of the EMERSON). The time of the gentleman lot more than a gun bill. This rule is budget. If you say that we’re not going has expired. about how we’re going to proceed with to ask the wealthiest to do a little Mr. MCGOVERN. I yield the gen- the appropriations for the various com- more as part of reducing the deficit, it tleman an additional 1 minute. mittees. So, again, if this wasn’t so means you’ve got to sock it to every- Mr. VAN HOLLEN. I would remind controversial, my Republican friends body else even harder. my colleagues that two-thirds of Med- would have brought up this deeming Just this week, we saw this play out. icaid funding goes to seniors in nursing language on its own; but instead, Yesterday, in the Senate, they had a homes and to care for disabled individ- they’re hiding it in this gun bill, and vote on the Buffett rule. It is a very uals, and another 20 percent goes to they’re trying not to talk about what simple proposition: let’s ask million- kids from low-income families. They this means. What this means is an end aires to pay the same effective tax rate would whack that in their budgets, in to the Medicare guarantee, among as their secretaries. Every Democratic the Republican budget, by $800 billion. other things. It means an end to the so- Senator but one voted for it. Every Re- At the same time, if you’d just take cial safety net in this country. publican Senator but one voted against the portion of the tax cut in the Repub- I think this is a horrible, horrible it. lican budget that extends the Bush tax way to proceed. I think the budget that Contrast that to what’s going to hap- cuts for the folks at the very top, was passed by the House is horrible. pen in the House on Thursday. Here in that’s $961 billion, but they don’t want

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.041 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1868 CONGRESSIONAL RECORD — HOUSE April 17, 2012 to ask those Americans to go back to order to it. It doesn’t presuppose what every student loan taken out here in paying the same rates that they were the final decision will be. That’s the ar- the United States. It’s also a bill that paying during the Clinton administra- gument that’s being made here. It does will put 200,000 students out of school, tion—the same rates. The economy was not presuppose the final decision. It is out of college because the Pell Grants booming and 20 million jobs were cre- the procedure to go forward, Madam are reduced. It’s also a bill that will ated—but no, they want to give the Speaker, and that is why we so des- take $80 billion a year out of Medicaid, folks at the very high end a tax break perately need to do this—so the House some 62 percent, 63 percent of which and cut Medicaid by $810 billion. can do its work when the Senate re- goes to nursing homes. So seniors will Those are the choices that are made fuses to do its work. not be able to get into nursing homes in the Republican budget, and that’s I reserve the balance of my time. and those who are there may not be what this vote on this rule is all about: Mr. MCGOVERN. I yield myself such able to stay. whether we should allow this body to time as I may consume. What is being tacked onto the hunt- go forward and implement that budget. Let me just remind my colleagues ing and fishing bill here is something It’s wrong for the country. It’s dis- that, by deeming these numbers, what that the American public does not placed priorities. my colleagues will be doing if they want. The American public does not Mr. BISHOP of Utah. Madam Speak- vote for this rule will be to give the Re- want to see students thrown out of er, I yield myself such time as I may publican leadership the green light to school, does not want to see Medicare consume. go ahead and dismantle Medicare, to end for seniors, does not want to see My old debate coach is looking down end the Medicare guarantee for our seniors no longer able to go to a nurs- on our actions and is smiling, saying senior citizens. ing home, does not want to see the food his advice was right. Just keep making b 1410 stamps terminated as unemployment the same arguments over and over increases and as we find some 20 per- again, and maybe someone will actu- It will be a green light to go after cent of American children in poverty ally believe those. This, actually, still anti-hunger and nutrition programs. unable to get a decent meal 7 days a is about a sportsmen bill and about It’s the green light to go after edu- week. That’s what the American public hunting and fishing rights on public cation programs. As the ranking mem- does not want, but what the Repub- property. ber on the Budget Committee said very licans are offering with this rule is pre- What the gentleman from Maryland clearly, we all want to balance the cisely that. just said is 99 percent accurate. There budget, we all understand we need to We ought to vote ‘‘no’’ on this rule. If is one slight difference in what he said, deal with our debt. But the way my you must deem, put it in a separate bill and that is that this would be deemed friends on the other side of the aisle and let’s have an up-and-down vote on until such time as there is a conference have outlined their plan, it is so one- that. report. If there, indeed, is another ave- sided. The burden is all on middle-in- Mr. BISHOP of Utah. Madam Speak- nue to go, ask the Senate to do its come families, all on those who are er, I continue to reserve the balance of work, to do its job, to have a con- poor. my time. ference committee, and to actually Their way of balancing the budget is Mr. MCGOVERN. Madam Speaker, I move forward in that manner. Other- to lower the quality of life for the mid- yield 2 minutes to the gentleman from wise, we have to either do it in an im- dle class in this country. And there are Massachusetts, the distinguished rank- provised way, which is this, or you other choices to be made. For example, ing member from the Committee on have to simply not do it at all. making sure that Donald Trump pays Natural Resources, Mr. MARKEY. Actually, one of the end results of his fair share or that we close some of Mr. MARKEY. I thank the gen- what the other side is telling us to do these corporate tax loopholes or go tleman. is to simply not do anything. Do not go after some of these subsidies for the big The Republican budget reads like the forward with any ideas. Do not go for- oil companies. Instead, all of the plans legislative version of the ‘‘Hunger ward with reconciliation, and have a that have been put forward by my Re- Games,’’ pitting American families in defense sequestration go into effect publican friends are all aimed at those an unfair and losing battle against bil- that would devastate the military that in the middle and those struggling to lionaires and Big Oil. Secretary Panetta is begging you not get into the middle. That is why we are One, the Republican budget doles out to do. You have to do something proce- so outraged here today. We believe in tax breaks that the wealthiest don’t durally to move forward. This vote Medicare. We don’t want to end the need and we can’t afford; two, gives does not implement anything. This Medicare guarantee for our senior citi- away $4 billion in annual tax breaks for vote allows our committees to go back zens. oil companies; three, abandons grand- and do the work that we were supposed At this point, Madam Speaker, I ma and grandpa, forcing them to pay to do. You defeat this, and we go back would like to yield 2 minutes to the more for health care or forgo coverage to a policy of doing nothing. gentleman from California (Mr. altogether; four, takes food out of the As I said before, there is precedent GARAMENDI). mouths of hungry children all across for what we are doing. I don’t know Mr. GARAMENDI. Madam Speaker, our country. why we say we are burying this in a our good friend from the State of Utah Just yesterday, Senate Republicans hunting bill; but in 2010 when we did posed the question: What do the Amer- refused to fix a broken system that al- this deeming practice over another ad- ican people want? lows CEOs to pay a lower tax rate than ministration, it was buried in section 4 I suppose that most of us would like their secretaries. Here in the House, of House Resolution 1500. Once again, to hunt on public land and fish, and the the Republican leadership has called in going through a different process underlying bill does that. Unfortu- the Buffett rule a hoax. The real hoax back then because no committee had nately, tacked on to that bill—should is the Republican budget. The GOP ever looked at those numbers before, this rule actually pass the House—will used to stand for Grand Old Party. Now they were deemed and passed. This be something that I’m sure the Amer- it stands for Guaranteed Oil Profits; time, we actually passed a bill. We de- ican people do not want. And that is now it stands for Gut and Get Old Peo- bated it in committee. We debated it the crux of this current debate. The de- ple; now it stands for Greed Over Prin- on the floor. Now we are going to deem bate here is really about what will be ciple. One hundred years after the Ti- those numbers until such time as the added to the hunting and fishing legis- tanic sank, the Republican budget Senate is responsible enough to do its lation. throws working Americans overboard work and have a conference committee Let’s consider for a moment exactly while saving the lifeboats for the report so that the House at least does what it is. It is the end of Medicare as wealthiest. what we are charged to do, and that is we know it. It sets up a program that The ‘‘Hunger Games,’’ that’s what the work of the American people. will, as surely as we are here on the the Republicans are playing. For the This is a procedural resolution that floor at this moment, terminate Medi- entertainment of the billionaires and allows our committees to go forward to care. It’s also a bill that will imme- the oil companies, we—that is the Re- find solutions and to do it with some diately double the interest rate on publicans—are now going to sacrifice

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.043 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1869 the programs that help the neediest bad thing. But we know that the term Mr. MCGOVERN. Madam Speaker, I children in our country. It is a budget ‘‘gridlock’’ is used as a pejorative. just want to respond to something that that does not deserve the support of Madam Speaker, I can think of not my distinguished chairman of the any Member of this institution. much that would exacerbate gridlock Rules Committee said. You know, he Mr. BISHOP of Utah. Madam Speak- more than our saying the House passed implied that when my colleague from er, I would urge the gentleman to pay its budget and we all know that the Massachusetts said that the Repub- particular attention to some of the Senate has failed in more than 3 years lican budget plans would literally take amendments that are proposed under and 100-some-odd days since they’ve the food out of the mouths of children, this rule, one of which would actually passed a budget, that the Senate has that somehow we were engaged in hy- probably prohibit those Hollywood peo- failed to pass a budget. So we have the perbole or some kind of empty rhet- ple from making movies on public responsibility, since we have been able oric. lands again if any kind of hunting and to pass a budget here, to do our work. I don’t know whether my chairman fishing action were to be required. This notion of calling it deem and knows that tomorrow in the House Ag- Mr. DREIER. Will the gentleman pass and somehow likening it to the riculture Committee, under the direc- yield? outrageous proposal that—fortunately tion of the Republican leadership, that Mr. BISHOP of Utah. I yield to the the American people stood up and said they are going to cut $33 billion out of gentleman from California. it was not acceptable, and finally the the SNAP program. Mr. DREIER. I would just like to say House responded by not deeming and Mr. DREIER. Will the gentleman to my friend that as the lone Repub- passing that incredible health care bill, yield? lican who represents Hollywood, I don’t which is potentially unconstitutional. Mr. MCGOVERN. I yield to the gen- like aspersions being cast at my very We’ll see what the Supreme Court says tleman. distinguished constituents, as my sometime this summer. But the idea of Mr. DREIER. I would say to my friend has just chosen to do. characterizing that with our doing ex- friend, obviously we have to deal with Mr. BISHOP of Utah. With that, actly what Democrats did when it very, very serious fiscal challenges Madam Speaker, let me yield 5 minutes came to the budget in the past and that exist here, and I know that these to the chairman of the Rules Com- that is that since the work hadn’t been State-run programs are designed to en- mittee, who is here to clean up the done, the reconciliation process had to sure that those who are truly in need mess I have made so far. begin, we had to do the work that fol- are able to benefit, and so no one has Mr. DREIER. Well, it’s going to take lows the passage of a budget. That’s ex- the desire to take food from the more than 5 minutes to clean up that actly what we’re doing. mouths of hungry children. mess. Mr. MCGOVERN. I thank the gen- b 1420 Madam Speaker, let me just say that tleman for his comments. while I am here to clean up Mr. To somehow describe this as extraor- Mr. DREIER. I thank my friend. BISHOP’s mess, I’ve got to say I never dinary is, again, a gross Mr. MCGOVERN. But $33 billion in in my wildest dreams believed that the mischaracterization of what it is that cuts will reduce benefits to people. It ship that my grandmother almost rode we have before us. will take, literally, food off the table on, but didn’t quite get on, the Titanic, Madam Speaker, I will say that for for many families and a lot of working would be brought into this debate. I’m us to proceed with this rule and consid- families, too. very impressed that my friend from eration of this very important meas- Under the Republican leadership’s di- Massachusetts has proceeded to do ure, we have a $15.5 trillion national rection, the Agriculture Committee is that. debt. We have budget deficits as far as not going after excessive subsidies and But I will say that another of his the eye can see. The so-called Buffett big agri-businesses. It’s going after lines, Madam Speaker, was just abso- rule, I mean its author in the Senate SNAP, food stamps. I am going to have lutely incredible: taking food from the acknowledged yesterday that it would an amendment in the Rules Committee mouths of hungry children. Come on, do nothing—Senator WHITEHOUSE said today, when we bring up the transpor- give me a break. Madam Speaker, the it would do nothing to create jobs, and tation bill I think for, like, the 15th notion that anyone—Democrat or Re- he threw out there, he said, it’s not time I have offered it, to go after the publican alike—would in any way em- going to solve all the ailments of soci- billions of dollars that we give to oil brace the notion of taking food from ety. It’s not going to cure all the ail- companies in subsidies. Taxpayers sub- the mouths of hungry children is one of ments of society. sidize these programs. We never get an the most preposterous things imag- The fact is we need to focus on job opportunity to vote on the House floor. inable. We want to ensure that every creation, on economic growth, and But the Republican leadership is not single child in this country has oppor- that’s exactly what we’re trying to do only not allowing me to do that, they tunity, as well as food. We want to with this budget. This budget is de- are not saying we should go after and make sure that we’re able to get our signed to get our economy growing, trim this corporate welfare. What they fiscal house in order. And frankly, as I and at the same time it’s designed to, are saying is $33 billion in cuts to listened to all of the complaints being yes, ensure, with the social safety net, SNAP. That is outrageous. leveled about the action that we will that those who are truly in need are Mr. DREIER. Will the gentleman take with passage of this rule, it is able to benefit from those programs. yield on that point? simply unhappiness over the fact that But it’s designed to make sure that Mr. MCGOVERN. I will yield to the our friends on the other side of the those programs will not go into extinc- gentleman in 1 second. aisle have lost the budget debate. tion completely. And it’s designed to I know these are difficult budgetary Madam Speaker, what we’re doing is ensure that we create opportunity for times. I mean, you know, to not ask very simply doing the work that this every man and women in this country, the Donald Trumps of the world to pay body has charged us with doing. The as many people have been discouraged, a little bit more and rather, instead, to work that we’ve been charged with as many people are struggling to have cut $33 billion in SNAP, or to not insist doing is to put into place a reconcili- the opportunity to find a job. The that we pay for these wars that seem to ation package, getting the authorizing budget that we have is designed to en- go on forever, and let that add to our committees to work on the charge of a courage the kind of government struc- debt, but go after poor people who are budget. ture which will make it possible for on SNAP, that’s where the outrage is. One of the words that we regularly that to happen. I can’t believe that that’s the first hear the American people use to ma- Madam Speaker, let me just say with place we are turning. lign all of Washington, D.C., is the that, I encourage an ‘‘aye’’ vote on this I yield to the gentleman. word ‘‘gridlock.’’ I’m not one of those. rule. Let’s get down to work. That’s Mr. DREIER. I thank my friend for I subscribe to the George Will view what the American people want us to yielding. Let me just say that I agree that sometimes the notion of having a do. with part of his statement here, that President of one party and a Congress And I hope and pray that I have being that we need to look at overall of a different party is not necessarily a cleaned up for Mr. BISHOP. tax reform. I concur with the notion of

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.045 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1870 CONGRESSIONAL RECORD — HOUSE April 17, 2012 reducing any kind of subsidies. I don’t the case, we would not be here with SEC. 3. PROHIBITING USE OF RECONCILIATION like the idea of engaging in social plan- this particular issue, and if they actu- PROCEDURES FOR ELIMINATION OF MEDICARE PROGRAM AND IN- ning through tax policy, and so I hope ally were to pass a budget, we would go CREASED COSTS OR REDUCED BEN- in the context of overall tax reform forward without this particular issue. EFITS TO SENIORS AND PEOPLE that we will be able to do exactly what Once again, the merits of the budget WITH DISABILITIES. my friend is arguing when it comes to (a) No measure reported by a committee notwithstanding, this vote does not im- pursuant to reconciliation directives in the issue of subsidization. I thank my plement anything; it allows us the pro- House Concurrent Resolution 112 shall be friend for yielding. cedure to go forward to implement considered a reconciliation bill for purposes Mr. MCGOVERN. May I inquire of the something. The underlying bill still of the Congressional Budget Act of 1974 if it gentleman from Utah how many more does talk about the ability of those of contains a provision that, with respect to speakers he has? us who live in public land States to the Medicare program under title XVIII of Mr. BISHOP of Utah. How many have hunting and fishing rights guar- the Social Security Act, furthers, promotes, would you like me to have? anteed and protected without the provides for, or implements any of the fol- lowing: Mr. MCGOVERN. As many as you heavy hand of Washington bureaucrats want. (1) Eliminating guaranteed health insur- stopping that concept. Indeed, State ance benefits for seniors or people with dis- Mr. BISHOP of Utah. Then we will law will have to be considered before abilities under such program. have that many, but I hope I will be they do any kind of concept. (2) Establishing a Medicare voucher plan the last. I also want to put one other concept that provides limited payments to seniors or Mr. MCGOVERN. Madam Speaker, I people with disabilities to purchase health before you, just in closing, that illus- will close for our side. care in the private health insurance market The SPEAKER pro tempore. The gen- trates the problem we have with the or otherwise increasing Medicare beneficiary tleman from Massachusetts is recog- American people on how we waste costs. money and, indeed, that needs to be (b) No measure reported by a committee nized for up to 11⁄2 minutes. one of the first things of our consider- pursuant to reconciliation directives in Mr. MCGOVERN. Madam Speaker, if ation. House Concurrent Resolution 112 shall be we defeat the previous question, I will considered a reconciliation bill for purposes offer an amendment to the rule to en- CBO has scored this bill as poten- of the Congressional Budget Act of 1974 if it sure that Republicans can’t use so- tially costing $12 million. It doesn’t contains a provision that, with respect to called reconciliation procedures to make a difference. There is nothing seniors or people with disabilities, furthers, force through the elimination of Medi- mandated in here that needs to have a promotes, provides for, or implements any of care as we know it or force through review under the NEPA process of the following: cuts to Medicare benefits for seniors or these bills. The administration said (1) Rationing health care. (2) Raising revenues or premiums for sen- people with disabilities. that we might have to go through this process, therefore, you should score it iors or people with disabilities under section Madam Speaker, I ask unanimous 1818 of the Social Security Act, section 1818A consent to insert the text of the at $12 million. of such Act, or section 1839A of such Act. amendment into the RECORD, along Let’s make an assumption that you (3) Increasing cost-sharing (including with extraneous material, immediately actually had to go through the reproc- deductibles, coinsurance, and copayments) prior to the vote on the previous ques- essing of going through all of the land under the Medicare program for seniors or tion. management plans. And I would ask people with disabilities. (4) Otherwise restricting benefits or modi- The SPEAKER pro tempore. Is there the people the question: Does it make fying eligibility criteria under such program objection to the request of the gen- sense that it would take $12 million for for seniors or people with disabilities. tleman from Massachusetts? the Park Service and the BLM to de- (The information contained herein was There was no objection. cide whether hunting would or would provided by the Republican Minority on mul- Mr. MCGOVERN. Madam Speaker, we not be allowed? Could that not be done tiple occasions throughout the 110th and have a choice here. We can either bal- with the Secretary and a cell phone 111th Congresses.) ance our budget and deal with our def- within a week if we actually were de- THE VOTE ON THE PREVIOUS QUESTION: WHAT icit and our debt in a fair and balanced cent about what we were attempting to IT REALLY MEANS manner, or we can do it in the way that do? This vote, the vote on whether to order the previous question on a special rule, is not the Republican leadership has pro- When, indeed, we have bills like this posed, which is to basically put the merely a procedural vote. A vote against or- in which the administration and the dering the previous question is a vote burden on middle-income families and government is trying to say, well, it against the Republican majority agenda and those struggling to get into the middle, will cost $12 million to make the deci- a vote to allow the opposition, at least for and to put an added burden on our sen- sion of whether hunting is allowed or the moment, to offer an alternative plan. It ior citizens. not, it puts all of our efforts into ques- is a vote about what the House should be de- Make no mistake about it: if you tion. It does not make sense. And it bating. vote for this rule, you are voting to end may be one of the reasons why we need Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- the Medicare guarantee. That is their to look at what we are doing internally plan, and that is what they have said. scribes the vote on the previous question on first, and that would be an appropriate the rule as ‘‘a motion to direct or control the There is no question about it. thing to take place. consideration of the subject before the House I think it is outrageous. I think when Madam Speaker, in closing, I want to being made by the Member in charge.’’ To Warren Buffett pays a lower tax rate reiterate that this is still a procedural defeat the previous question is to give the than his secretary there is something vote on a rule that is extremely fair, opposition a chance to decide the subject be- wrong with our tax system. When cor- and it is appropriate to the underlying fore the House. Cannon cites the Speaker’s ruling of January 13, 1920, to the effect that porations get all these special loop- legislation of H.R. 4089, which does talk holes so they don’t have to pay taxes ‘‘the refusal of the House to sustain the de- about fishing and hunting rights, pre- mand for the previous question passes the but middle-income families have to, serving that time-honored tradition there is something wrong with this sys- control of the resolution to the opposition’’ and, indeed, allowing those of us in the in order to offer an amendment. On March tem. We need some balance. West to make sure that we are not pre- 15, 1909, a member of the majority party of- I urge my colleagues to vote ‘‘no’’ cluded from those traditional areas of fered a rule resolution. The House defeated and defeat the previous question. activity. It’s a good bill and, more im- the previous question and a member of the I urge a ‘‘no’’ vote on the rule, and I opposition rose to a parliamentary inquiry, portantly, this is a fair rule, and I urge yield back the balance of my time. asking who was entitled to recognition. you to adopt it. Mr. BISHOP of Utah. Madam Speak- Speaker Joseph G. Cannon (R–Illinois) said: er, there is, as I finish this, a couple of The material previously referred to ‘‘The previous question having been refused, areas I want to talk about. There are by Mr. MCGOVERN is as follows: the gentleman from New York, Mr. Fitz- gerald, who had asked the gentleman to AN AMENDMENT TO H. RES. 614 OFFERED BY children who are preparing to go to yield to him for an amendment, is entitled to MR. MCGOVERN OF MASSACHUSETTS preschool today who have lived their the first recognition.’’ entire lives without seeing the Senate At the end of the resolution, add the fol- Because the vote today may look bad for actually pass a budget. Were that not lowing new section: the Republican majority they will say ‘‘the

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.046 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1871 vote on the previous question is simply a Coffman (CO) Jenkins Reed Lee (CA) Pascrell Scott, David vote on whether to proceed to an immediate Cole Johnson (IL) Rehberg Levin Pastor (AZ) Serrano vote on adopting the resolution . . . [and] Conaway Johnson (OH) Reichert Lipinski Pelosi Sewell Loebsack Perlmutter has no substantive legislative or policy im- Cravaack Johnson, Sam Renacci Sherman Crawford Jordan Ribble Lofgren, Zoe Peters plications whatsoever.’’ But that is not what Sires Crenshaw Kelly Rigell Lowey Peterson Smith (WA) they have always said. Listen to the Repub- Culberson King (IA) Rivera Luja´ n Pingree (ME) Speier lican Leadership Manual on the Legislative Davis (KY) King (NY) Roby Lynch Polis Stark Process in the United States House of Rep- Denham Kingston Roe (TN) Maloney Price (NC) Sutton resentatives, (6th edition, page 135). Here’s Dent Kinzinger (IL) Rogers (AL) Markey Quigley Thompson (CA) Matheson Rahall how the Republicans describe the previous DesJarlais Kline Rogers (KY) Thompson (MS) Matsui Reyes question vote in their own manual: ‘‘Al- Diaz-Balart Labrador Rogers (MI) Tierney Dold Lamborn Rohrabacher McCarthy (NY) Richardson Tonko though it is generally not possible to amend Dreier Lance Rokita McCollum Richmond Towns the rule because the majority Member con- Duffy Landry Rooney McDermott Ross (AR) Tsongas trolling the time will not yield for the pur- Duncan (SC) Lankford Ros-Lehtinen McGovern Rothman (NJ) Duncan (TN) Latham Roskam McNerney Roybal-Allard Van Hollen pose of offering an amendment, the same re- ´ Ellmers LaTourette Ross (FL) Meeks Ruppersberger Velazquez sult may be achieved by voting down the pre- Visclosky vious question on the rule . . . When the mo- Emerson Latta Royce Michaud Rush Miller (NC) Ryan (OH) Walz (MN) tion for the previous question is defeated, Farenthold Lewis (CA) Runyan Fitzpatrick LoBiondo Ryan (WI) Miller, George Sa´ nchez, Linda Wasserman control of the time passes to the Member Flake Long Scalise Moore T. Schultz who led the opposition to ordering the pre- Fleischmann Lucas Schilling Moran Sanchez, Loretta Waters vious question. That Member, because he Fleming Luetkemeyer Schmidt Murphy (CT) Sarbanes Watt then controls the time, may offer an amend- Flores Lummis Schock Nadler Schakowsky Waxman ment to the rule, or yield for the purpose of Forbes Lungren, Daniel Schweikert Neal Schiff Welch amendment.’’ Fortenberry E. Scott (SC) Olver Schrader Wilson (FL) Owens Schwartz Woolsey In Deschler’s Procedure in the U.S. House Foxx Mack Scott, Austin Franks (AZ) Manzullo Sensenbrenner Pallone Scott (VA) Yarmuth of Representatives, the subchapter titled Frelinghuysen Marchant Sessions ‘‘Amending Special Rules’’ states: ‘‘a refusal Gardner McCarthy (CA) Shimkus NOT VOTING—17 to order the previous question on such a rule Garrett McCaul Shuler Akin Filner Napolitano [a special rule reported from the Committee Gerlach McClintock Shuster Andrews Fincher Pitts on Rules] opens the resolution to amend- Gibbs McCotter Simpson Cardoza Gallegly Rangel ment and further debate.’’ (Chapter 21, sec- Gibson McHenry Smith (NE) Cohen Lewis (GA) Slaughter tion 21.2) Section 21.3 continues: ‘‘Upon re- Gingrey (GA) McKeon Smith (NJ) Costello Marino Walsh (IL) Gohmert McKinley Smith (TX) Davis (IL) McIntyre jection of the motion for the previous ques- Goodlatte McMorris Southerland tion on a resolution reported from the Com- Gosar Rodgers Stearns b 1455 mittee on Rules, control shifts to the Mem- Gowdy Meehan Stivers ber leading the opposition to the previous Granger Mica Stutzman Messrs. SCOTT of Virginia, CLY- question, who may offer a proper amendment Graves (GA) Miller (FL) Sullivan BURN, and Ms. BERKLEY changed or motion and who controls the time for de- Graves (MO) Miller (MI) Terry their vote from ‘‘yea’’ to ‘‘nay.’’ bate thereon.’’ Griffin (AR) Miller, Gary Thompson (PA) Griffith (VA) Mulvaney Thornberry So the previous question was ordered. Clearly, the vote on the previous question Grimm Murphy (PA) Tiberi The result of the vote was announced on a rule does have substantive policy impli- Guinta Myrick Tipton as above recorded. cations. It is one of the only available tools Guthrie Neugebauer Turner (NY) Stated against: for those who oppose the Republican major- Hall Noem Turner (OH) ity’s agenda and allows those with alter- Hanna Nugent Upton Mr. FILNER. Madam Speaker, on rollcall native views the opportunity to offer an al- Harper Nunes Walberg No. 155, I was away from the Capitol due to ternative plan. Harris Nunnelee Walden prior commitments to my constituents. Had I Hartzler Olson Webster Mr. BISHOP of Utah. With that, I Hastings (WA) Palazzo West been present, I would have voted ‘‘nay.’’ yield back the balance of my time, and Hayworth Paul Westmoreland Mrs. NAPOLITANO. Madam Speaker, on Heck Paulsen Whitfield Tuesday, April 17, 2012, I was absent during I move the previous question on the Hensarling Pearce Wilson (SC) resolution. Herger Pence Wittman rollcall vote No. 155 due to a family health The SPEAKER pro tempore. The Herrera Beutler Petri Wolf emergency. Had I been present, I would have question is on ordering the previous Huelskamp Platts Womack voted ‘‘nay’’ on Ordering the Previous Ques- Huizenga (MI) Poe (TX) Woodall tion of H. Res. 614, the resolution providing question. Hultgren Pompeo Yoder The question was taken; and the Hunter Posey Young (AK) for consideration of the bill H.R. 4089, to pro- Speaker pro tempore announced that Hurt Price (GA) Young (FL) tect and enhance opportunities for recreational the ayes appeared to have it. Issa Quayle Young (IN) hunting, fishing and shooting, and for other purposes. Mr. MCGOVERN. Madam Speaker, on NAYS—179 that I demand the yeas and nays. The SPEAKER pro tempore. The Ackerman Clyburn Grijalva question is on the resolution. The yeas and nays were ordered. Altmire Connolly (VA) Gutierrez The SPEAKER pro tempore. Pursu- Baca Conyers Hahn The question was taken; and the ant to clause 8 and clause 9 of rule XX, Baldwin Cooper Hanabusa Speaker pro tempore announced that Barrow Costa Hastings (FL) the ayes appeared to have it. this 15-minute vote on ordering the Bass (CA) Courtney Heinrich previous question will be followed by 5- Becerra Critz Higgins RECORDED VOTE minutes votes on adopting House Reso- Berkley Crowley Himes Mr. MCGOVERN. Madam Speaker, I Berman Cuellar Hinchey demand a recorded vote. lution 614, if ordered; and suspending Bishop (GA) Cummings Hinojosa the rules and passing H.R. 1815. Bishop (NY) Davis (CA) Hirono A recorded vote was ordered. The vote was taken by electronic de- Blumenauer DeFazio Hochul The SPEAKER pro tempore. This is a vice, and there were—yeas 235, nays Bonamici DeGette Holden 5-minute vote. Boren DeLauro Holt 179, not voting 17, as follows: Boswell Deutch Honda The vote was taken by electronic de- [Roll No. 155] Brady (PA) Dicks Hoyer vice, and there were—ayes 228, noes 184, Braley (IA) Dingell Israel not voting 19, as follows: YEAS—235 Brown (FL) Doggett Jackson (IL) Adams Biggert Buerkle Butterfield Donnelly (IN) Jackson Lee [Roll No. 156] Aderholt Bilbray Burgess Capps Doyle (TX) AYES—228 Alexander Bilirakis Burton (IN) Capuano Edwards Johnson (GA) Adams Benishek Brady (TX) Amash Bishop (UT) Calvert Carnahan Ellison Johnson, E. B. Aderholt Berg Brooks Amodei Black Camp Carney Engel Jones Alexander Biggert Broun (GA) Austria Blackburn Campbell Carson (IN) Eshoo Kaptur Amash Bilbray Buchanan Bachmann Bonner Canseco Castor (FL) Farr Keating Amodei Bilirakis Bucshon Bachus Bono Mack Cantor Chandler Fattah Kildee Austria Bishop (UT) Buerkle Barletta Boustany Capito Chu Frank (MA) Kind Bachmann Black Burgess Bartlett Brady (TX) Carter Cicilline Fudge Kissell Bachus Blackburn Calvert Barton (TX) Brooks Cassidy Clarke (MI) Garamendi Kucinich Barletta Bonner Camp Bass (NH) Broun (GA) Chabot Clarke (NY) Gonzalez Langevin Bartlett Bono Mack Campbell Benishek Buchanan Chaffetz Clay Green, Al Larsen (WA) Bass (NH) Boustany Canseco Berg Bucshon Coble Cleaver Green, Gene Larson (CT)

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.006 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1872 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Cantor Huizenga (MI) Posey Kind Olver Scott, David The vote was taken by electronic de- Capito Hultgren Price (GA) Kissell Owens Serrano vice, and there were—yeas 410, nays 2, Carter Hunter Quayle Kucinich Pallone Sewell Cassidy Hurt Reed Langevin Pascrell Sherman not voting 19, as follows: Larsen (WA) Pastor (AZ) Chabot Issa Rehberg Shuler [Roll No. 157] Chaffetz Jenkins Reichert Larson (CT) Pelosi Sires Coble Johnson (IL) Renacci Lee (CA) Perlmutter Smith (WA) YEAS—410 Coffman (CO) Johnson (OH) Ribble Levin Peters Speier Lipinski Peterson Ackerman Davis (KY) Israel Cole Johnson, Sam Rigell Stark Conaway Jordan Loebsack Pingree (ME) Adams DeFazio Issa Rivera Sutton Cravaack Kelly Lofgren, Zoe Polis Aderholt DeGette Jackson (IL) Roby Thompson (CA) Crawford King (IA) Lowey Price (NC) Alexander DeLauro Jackson Lee Roe (TN) Thompson (MS) Altmire Denham (TX) Crenshaw King (NY) Rogers (AL) Luja´ n Quigley Culberson Kingston Lynch Rahall Tierney Amodei Dent Jenkins Rogers (KY) Tonko Austria DesJarlais Johnson (GA) Davis (KY) Kinzinger (IL) Rogers (MI) Maloney Reyes Towns Baca Deutch Johnson (IL) Denham Kline Rohrabacher Markey Richardson Tsongas Bachmann Diaz-Balart Johnson (OH) Dent Labrador Rokita Matheson Richmond Van Hollen Bachus Dicks Johnson, E. B. DesJarlais Lamborn Rooney Matsui Ross (AR) Diaz-Balart Lance McCarthy (NY) Rothman (NJ) Vela´ zquez Baldwin Dingell Johnson, Sam Ros-Lehtinen Barletta Doggett Jones Dold Landry Roskam McCollum Roybal-Allard Visclosky McDermott Barrow Dold Jordan Dreier Lankford Ross (FL) Ruppersberger Walz (MN) McGovern Rush Bartlett Donnelly (IN) Kaptur Duffy Latham Royce Wasserman McNerney Ryan (OH) Barton (TX) Doyle Keating Duncan (SC) LaTourette Runyan Schultz Meeks Sa´ nchez, Linda Bass (CA) Dreier Kelly Duncan (TN) Latta Ryan (WI) Waters Ellmers LoBiondo Michaud T. Bass (NH) Duffy Kildee Scalise Watt Emerson Long Miller (NC) Sanchez, Loretta Becerra Duncan (TN) Kind Schilling Waxman Farenthold Lucas Miller, George Sarbanes Benishek Edwards King (IA) Schmidt Webster Fitzpatrick Luetkemeyer Moore Schakowsky Berg Ellison King (NY) Schock Welch Flake Lummis Moran Schiff Berkley Ellmers Kingston Schweikert Wilson (FL) Fleischmann Lungren, Daniel Murphy (CT) Schrader Berman Emerson Kinzinger (IL) Scott (SC) Woolsey Fleming E. Nadler Schwartz Biggert Engel Kissell Scott, Austin Flores Mack Neal Scott (VA) Yarmuth Bilbray Eshoo Kline Sensenbrenner Forbes Manzullo Bilirakis Farenthold Kucinich Sessions Fortenberry Marchant NOT VOTING—19 Bishop (GA) Farr Labrador Shimkus Foxx McCarthy (CA) Akin Fincher Pitts Bishop (NY) Fattah Lamborn Shuster Bishop (UT) Fitzpatrick Lance Franks (AZ) McCaul Andrews Gallegly Rangel Simpson Frelinghuysen McClintock Burton (IN) Lewis (CA) Black Flake Landry Smith (NE) Slaughter Gardner McCotter Cardoza Lewis (GA) Blackburn Fleischmann Langevin Smith (NJ) Terry Garrett McHenry Cohen Marino Blumenauer Fleming Lankford Smith (TX) Young (AK) Gerlach McKeon Costello McIntyre Bonamici Flores Larsen (WA) Southerland Gibbs McKinley Filner Napolitano Bonner Forbes Larson (CT) Gingrey (GA) McMorris Stearns Bono Mack Fortenberry LaTourette Gohmert Rodgers Stivers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boren Foxx Latta Goodlatte Meehan Stutzman The SPEAKER pro tempore (during Boswell Frank (MA) Lee (CA) Sullivan Boustany Franks (AZ) Levin Gosar Mica the vote). There are 2 minutes remain- Gowdy Miller (FL) Thompson (PA) Brady (PA) Frelinghuysen Lewis (CA) Granger Miller (MI) Thornberry ing. Brady (TX) Fudge Lipinski Graves (GA) Miller, Gary Tiberi Braley (IA) Garamendi LoBiondo Graves (MO) Mulvaney Tipton b 1505 Brooks Gardner Loebsack Turner (NY) Broun (GA) Garrett Lofgren, Zoe Griffin (AR) Murphy (PA) So the resolution was agreed to. Griffith (VA) Myrick Turner (OH) Brown (FL) Gerlach Long Grimm Neugebauer Upton The result of the vote was announced Buchanan Gibbs Lowey Guinta Noem Walberg as above recorded. Bucshon Gibson Lucas Guthrie Nugent Walden Buerkle Gingrey (GA) Luetkemeyer A motion to reconsider was laid on ´ Hall Nunes Walsh (IL) Burgess Gohmert Lujan Hanna Nunnelee West the table. Burton (IN) Gonzalez Lummis Harper Olson Westmoreland Stated against: Butterfield Goodlatte Lungren, Daniel Harris Palazzo Whitfield Mr. FILNER. Madam Speaker, on rollcall Calvert Gosar E. Hartzler Paul Wilson (SC) Camp Granger Lynch Hastings (WA) Paulsen Wittman 156, I was away from the Capitol due to prior Campbell Graves (GA) Mack Hayworth Pearce Wolf commitments to my constituents. Had I been Canseco Graves (MO) Maloney Heck Pence Womack present, I would have voted ‘‘no.’’ Cantor Green, Al Manzullo Capito Green, Gene Markey Hensarling Petri Woodall Mrs. NAPOLITANO. Madam Speaker, on Herger Platts Yoder Capps Griffin (AR) Matheson Herrera Beutler Poe (TX) Young (FL) Tuesday, April 17, 2012, I was absent during Capuano Griffith (VA) Matsui Huelskamp Pompeo Young (IN) rollcall vote No. 156 due to a family health Carnahan Grijalva McCarthy (CA) emergency. Had I been present, I would have Carney Grimm McCarthy (NY) NOES—184 Carson (IN) Guinta McCaul voted ‘‘no’’ on agreeing to the resolution of H. Carter Guthrie McClintock Ackerman Clay Garamendi Res. 614, the resolution providing for consid- Cassidy Gutierrez McCollum Altmire Cleaver Gibson eration of the bill H.R. 4089, to protect and en- Castor (FL) Hahn McCotter Baca Clyburn Gonzalez Chabot Hall McDermott Baldwin Connolly (VA) Green, Al hance opportunities for recreational hunting, Chaffetz Hanabusa McGovern Barrow Conyers Green, Gene fishing and shooting, and for other purposes. Chandler Hanna McHenry Barton (TX) Cooper Grijalva Chu Harper McKeon Bass (CA) Costa Gutierrez f Cicilline Harris McKinley Becerra Courtney Hahn Clarke (MI) Hartzler McMorris Berkley Critz Hanabusa LENA HORNE RECOGNITION ACT Clarke (NY) Hastings (FL) Rodgers Berman Crowley Hastings (FL) The SPEAKER pro tempore. The un- Clay Hastings (WA) McNerney Bishop (GA) Cuellar Heinrich Cleaver Hayworth Meehan Bishop (NY) Cummings Higgins finished business is the vote on the mo- Clyburn Heck Meeks Blumenauer Davis (CA) Himes tion to suspend the rules and pass the Coble Heinrich Mica Bonamici Davis (IL) Hinchey bill (H.R. 1815) to posthumously award Coffman (CO) Hensarling Michaud Boren DeFazio Hinojosa Cole Herger Miller (FL) Boswell DeGette Hirono a Congressional Gold Medal to Lena Conaway Herrera Beutler Miller (MI) Brady (PA) DeLauro Hochul Horne in recognition of her achieve- Connolly (VA) Higgins Miller (NC) Braley (IA) Deutch Holden ments and contributions to American Conyers Himes Miller, Gary Brown (FL) Dicks Holt culture and the civil rights movement, Cooper Hinchey Miller, George Butterfield Dingell Honda Costa Hinojosa Moore Capps Doggett Hoyer on which the yeas and nays were or- Courtney Hirono Moran Capuano Donnelly (IN) Israel dered. Cravaack Hochul Mulvaney Carnahan Doyle Jackson (IL) The Clerk read the title of the bill. Crawford Holden Murphy (CT) Carney Edwards Jackson Lee Crenshaw Holt Murphy (PA) Carson (IN) Ellison (TX) The SPEAKER pro tempore. The Critz Honda Myrick Castor (FL) Engel Johnson (GA) question is on the motion offered by Crowley Hoyer Nadler Chandler Eshoo Johnson, E. B. the gentleman from Missouri (Mr. Cuellar Huelskamp Neal Chu Farr Jones LUETKEMEYER) that the House suspend Culberson Huizenga (MI) Neugebauer Cicilline Fattah Kaptur Cummings Hultgren Noem Clarke (MI) Frank (MA) Keating the rules and pass the bill. Davis (CA) Hunter Nugent Clarke (NY) Fudge Kildee This will be a 5-minute vote. Davis (IL) Hurt Nunes

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.007 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1873 Nunnelee Ross (AR) Sullivan Rules and Pass H.R. 1815, the Lena Horne There are four titles to this legisla- Olson Ross (FL) Sutton Recognition Act. tion, and each reflects stand-alone bills Olver Rothman (NJ) Terry Owens Roybal-Allard Thompson (CA) f sponsored by individual Members of the Palazzo Royce House. Mr. BENISHEK of Michigan, Mr. Thompson (MS) SPORTSMEN’S HERITAGE ACT OF Pallone Runyan Thompson (PA) FLAKE of Arizona, Mr. YOUNG of Alas- Pascrell Ruppersberger 2012 Thornberry ka, and Mr. MILLER of Florida all de- Pastor (AZ) Rush Tiberi Paulsen Ryan (OH) GENERAL LEAVE serve credit for leadership on these im- Tierney Pearce Ryan (WI) Tipton Mr. HASTINGS of Washington. Mr. portant sportsmen issues. Their four Pelosi Sa´ nchez, Linda Speaker, I ask unanimous consent that bills were assembled in this package to Pence T. Tonko Perlmutter Sanchez, Loretta Towns all Members may have 5 legislative be among the first pro-sportsmen bills Peters Sarbanes Tsongas days to revise and extend their re- considered and, I hope, passed by the Peterson Scalise Turner (NY) marks and include extraneous mate- House this year. I expect and antici- Petri Schakowsky Turner (OH) Pingree (ME) Schiff Upton rials on the bill, H.R. 4089. pate further action on additional legis- Platts Schilling Van Hollen The SPEAKER pro tempore (Mr. lation in the months ahead. Poe (TX) Schmidt Vela´ zquez REICHERT). Is there objection to the re- This legislation is an affirmative dec- Polis Schock Visclosky quest of the gentleman from Wash- laration that Americans’ ability to fish Pompeo Schrader Walberg and hunt is not arbitrarily subject to Posey Schwartz Walden ington? Price (GA) Schweikert Walsh (IL) There was no objection. limitation by the whim of Federal bu- Price (NC) Scott (SC) Walz (MN) The SPEAKER pro tempore. Pursu- reaucrats. It makes clear that public Quayle Scott (VA) Wasserman ant to House Resolution 614 and rule lands are ‘‘open until closed’’ to such Quigley Scott, Austin Schultz recreational activities, and it makes Rahall Scott, David Waters XVIII, the Chair declares the House in Reed Sensenbrenner Watt the Committee of the Whole House on absolutely clear, Madam Chairman, Rehberg Serrano Waxman the state of the Union for the consider- that the EPA does not have the author- Reichert Sessions Webster ity to regulate ammunition and fishing Renacci Sewell ation of the bill, H.R. 4089. Welch tackle. This bill is not a solution in Reyes Sherman West The Chair appoints the gentlewoman Ribble Shimkus search of a problem, but regrettably, Westmoreland from Missouri (Mrs. EMERSON) to pre- Richardson Shuler Whitfield side over the Committee of the Whole. bureaucratic threats to hunting, fish- Richmond Shuster Wilson (FL) ing, and recreational shooting are very Rigell Simpson b 1515 Rivera Sires Wilson (SC) real, thus the need for this legislation. Roby Smith (NE) Wittman IN THE COMMITTEE OF THE WHOLE Title I of this bill protects sportsmen Roe (TN) Smith (NJ) Wolf from arbitrary Federal efforts to block Womack Accordingly, the House resolved Rogers (AL) Smith (TX) hunting and fishing on public lands Rogers (KY) Smith (WA) Woodall itself into the Committee of the Whole Rogers (MI) Southerland Woolsey House on the state of the Union for the managed by the U.S. Forest Service Rohrabacher Speier Yarmuth consideration of the bill (H.R. 4089) to and the Bureau of Land Management, Rokita Stark Yoder or the BLM. Rooney Stearns Young (AK) protect and enhance opportunities for Ros-Lehtinen Stivers Young (FL) recreational hunting, fishing and b 1520 Roskam Stutzman Young (IN) shooting, with Mrs. EMERSON in the It requires that these activities be NAYS—2 chair. supported and facilitated, but—this is The Clerk read the title of the bill. Amash Paul very important, Madam Chairman—it The CHAIR. Pursuant to the rule, the NOT VOTING—19 does not prioritize hunting and fishing bill is considered read the first time. over other multiple uses. Akin Fincher McIntyre The gentleman from Washington (Mr. Andrews Gallegly The vast majority of our Nation’s Napolitano HASTINGS) and the gentleman from Ari- Cardoza Gowdy Pitts public lands are to be open and avail- Cohen Latham Rangel zona (Mr. GRIJALVA) each will control able for multiple uses, but, regrettably, Costello Lewis (GA) Slaughter 30 minutes. there are agency personnel and land Duncan (SC) Marchant The Chair recognizes the gentleman Filner Marino managers who attempt to control these from Washington. lands as personal fiefdoms and prevent ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. HASTINGS of Washington. legitimate uses and activities, includ- The SPEAKER pro tempore (during Madam Chairman, I yield myself such ing hunting and fishing. In addition, the vote). There are 11⁄2 minutes re- time as I may consume. activist groups bring lawsuits to limit maining. I rise in strong support of H.R. 4089, these activities; and in the worst situa- the Sportsmen’s Heritage Act of 2012. b 1512 tions, bureaucrats willingly roll over This legislation protects the tradi- to such lawsuits as a convenient way to So (two-thirds being in the affirma- tional right of American sportsmen to limit the use of these facilities. This tive) the rules were suspended and the hunt and fish from arbitrary and un- bill will protect against such lawsuits bill was passed. justified bureaucratic restrictions and and the ensuing costly paperwork asso- The result of the vote was announced limitations. It will remove government ciated with them. as above recorded. roadblocks to these activities on cer- Title II of the bill directly addresses A motion to reconsider was laid on tain public lands and guard against the sudden attempt last year by the the table. new regulations that threaten hunting Obama administration’s Bureau of Stated for: and fishing. Land Management to limit target Mr. FILNER. Madam Speaker, on rollcall This is a bipartisan bill, Madam shooting on certain lands. An agency 157, I was away from the Capitol due to prior Chairman. It has the bipartisan spon- spokesman was cited in a news article commitments to my constituents. Had I been sorship of the Republican and Demo- saying that their proposed ban was present, I would have voted ‘‘yea.’’ crat chairs of the Congressional being enacted in response to urbanites Mr. DUNCAN of South Carolina. Madam Sportsmen’s Caucus, Mr. MILLER of who ‘‘freak out’’ when they hear shoot- Speaker, on rollcall No. 157 I was meeting Florida and Mr. ROSS of Arkansas, as ing and that the restriction wasn’t with students from Clemson University con- well as the caucus’ vice chairs, Mr. rooted in public safety but, rather, to cerning Pell Grant funding during the vote for LATTA of Ohio and Mr. SHULER of North reduce ‘‘social conflict.’’ This proposed the Lena Horne Recognition Act. I support rec- Carolina. This bill also has the broad ban echos the Obama administration’s ognizing the achievements of Ms. Horne and support of America’s recreational fish- attempt to impose a new classification would have voted in favor of this Act. Had I ing, hunting, shooting, and wildlife of wildlands on Federal property in an been present, I would have voted ‘‘yea.’’ conservation community. attempt to unilaterally establish de Mrs. NAPOLITANO. Madam Speaker, on At the appropriate time, I will in- facto wilderness. Tuesday, April 17, 2012, I was absent during clude two letters, one from over 35 Madam Chairman, I want to remind rollcall vote No. 157 due to a family health sportsmen’s organizations and one my colleagues once again that only emergency. Had I been present, I would have from the Association of Fish and Wild- Congress has the authority to establish voted ‘‘yea’’ on the Motion to Suspend the life Agencies, for the RECORD. wilderness areas.

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.008 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1874 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Just as with the wildlands proposal, LUCAS of the Agriculture Committee reported H.R. 4089, the Sportsmen’s Heritage public outcry against the BLM’s at- for their cooperation and assistance in Act of 2012, by a bipartisan vote of 27 to 16. tempt to limit target and recreational helping to expedite consideration of The bill was referred primarily to the Com- shooting forced Interior Secretary this bill. At the appropriate time, I will mittee on Natural Resources, with an addi- Salazar to retreat from this effort, and again insert into the RECORD an ex- tional referral to the Committee on Agri- rightfully so. However, at any point— change of letters between me and those culture and the Committee on Energy and say, right after the November elec- chairmen regarding this legislation. Commerce. tion—the administration could again With that, I reserve the balance of I ask that you allow the Committee on Ag- attempt such a ban on such activities. my time. riculture to be discharged from further con- This is exactly why this legislation is HOUSE OF REPRESENTATIVES, sideration of the bill so that it may be sched- necessary, because it would clearly COMMITTEE ON ENERGY AND COMMERCE, uled by the Majority Leader. This discharge in no way affects your jurisdiction over the provide that any closure must be spe- Washington, DC, March 8. 2012. subject matter of the bill, and it will not cifically and publicly justified and be Hon. DOC HASTINGS, Chairman, Committee on Natural Resources, serve as precedent for future referrals. In ad- for reasons of national security, public Longworth House Office Building, Wash- dition, should a conference on the bill be safety, or to comply with Federal or ington, DC. necessary, I would support your request to State laws. DEAR CHAIRMAN HASTINGS: I am writing have the Committee on Agriculture rep- Title III of the bill would allow for concerning H.R. 4089, the ‘‘Sportsmen’s Her- resented on the conference committee. Fi- the importation of certain legally itage Act of 2012,’’ which was ordered re- nally, I would be pleased to include this let- ported from your committee on February 29, taken hunting trophies from Canada ter and your response in the bill report filed that, through no fault of the sports- 2012. I wanted to notify you that, although it received a referral on the bill, the Com- by the Committee on Natural Resources to men, have become trapped in a bureau- mittee on Energy and Commerce will forgo memorialize our understanding. cratic limbo. This is focused squarely action on H.R. 4089 so that it may proceed Thank you for your consideration of my on resolving existing situations expeditiously to the House floor for consider- request. ensnarled in red tape and does not open ation. Sincerely, This is done with the understanding that the door to unlimited future imports. DOC HASTINGS, the Committee on Energy and Commerce is Finally, title IV of the bill is in re- Chairman. not waiving any of its jurisdiction, and the sponse to perhaps the greatest bureau- Committee will not be prejudiced with re- cratic threat posed, and that threat spect to the appointment of conferees or its HOUSE OF REPRESENTATIVES, comes in the form of the Environ- jurisdictional prerogatives on this or similar COMMITTEE ON AGRICULTURE, mental Protection Agency, or EPA. In legislation. Washington, DC, April 10, 2012. 1976, Congress barred the EPA from I would appreciate your response to this Hon. DOC HASTINGS, regulating firearms and ammunition. letter, confirming this understanding with Chairman on Natural Resources, respect to H.R. 4089, and ask that a copy of Longworth HOB, Washington, DC. However, this has not stopped attempts our exchange of letters on this matter be in- to try and circumvent the law with the cluded in the Congressional Record during DEAR MR. CHAIRMAN: In response to your argument that EPA may not be able to consideration of the bill on the House floor. letter dated March 8, 2012, I am writing re- regulate ammunition, but it can regu- Sincerely, garding H.R. 4089, the Sportsmen’s Heritage late components of ammunition and FRED UPTON, Act of 2012, which contains provisions within components of fishing tackle. Chairman. the jurisdiction of the Committee on Agri- Regulating components of ammuni- culture. HOUSE OF REPRESENTATIVES, tion and fishing tackle would be a mas- Our two Committees have a history of COMMITTEE ON NATURAL RESOURCES, working cooperatively on matters that gen- sive power grab by the EPA despite a Washington, DC, March 8, 2012. erally concern the jurisdiction of both Com- clear lack of legal authority. Has that Hon. FRED UPTON, mittees. In order to permit floor consider- stopped the EPA under this adminis- Chairman, Committee on Energy and Commerce, tration? Sadly, it hasn’t. Rayburn HOB, Washington, DC. ation of this bill, the Committee on Agri- The EPA is an unfettered agency DEAR MR. CHAIRMAN: Thank you for your culture will forgo action with the under- with an appetite for greater regula- letter regarding H.R. 4089, the Sportsmen’s standing that it does not prejudice the Com- tions that result in a greater strangle- Heritage Act of 2012. As you know, the Com- mittee with respect to the appointment of mittee on Natural Resources reported the conferees or its jurisdictional prerogatives hold of our economy and how Ameri- bill by a bipartisan vote of 27 to 16 on Feb- cans are allowed to live their lives. on this bill or similar legislation in the fu- ruary 29, 2012. I recognize and appreciate ture. But, unfortunately, the EPA is not your desire to facilitate the consideration of without its allies. this legislation by the House of Representa- I would ask that a copy of our exchange of In March, over 100 activist tives, and accordingly, understand that the letters on this matter be included in the antihunting and environmental groups Committee on Energy and Commerce will Congressional Record during consideration petitioned the EPA to ban the use of forgo action on the bill. on the House floor. The Committee on Natural Resources con- lead in hunting and fishing compo- Sincerely, curs with the mutual understanding that by FRANK D. LUCAS nents. This is an overt attempt to end- forgoing consideration of H.R. 4089 at this Chairman. run a law that has been on the books time, the Committee on Energy and Com- for nearly 40 years. merce does not waive any jurisdiction over This legislation that the House will Title IV of the bill or similar legislation. In ASSOCIATION OF FISH & vote on today reiterates and clarifies addition, should a conference on the bill be WILDLIFE AGENCIES, Washington, DC, April 16, 2012. existing law, leaving no question that necessary, I would support your request to have the Committee on Energy and Com- DEAR CHAIRMAN HASTINGS: I write to re- the EPA does not have the authority to merce represented on the conference com- regulate ammunition and fishing tack- flect the support of the Association of Fish mittee. Finally, I would be pleased to in- and Wildlife Agencies for HR 4089 with the le. clude your letter and this response in the bill changes as reflected in the Manager’s Madam Chairman, hunting, fishing, report filed by the Committee on Natural and recreational shooting are long- Resources, as well as in the Congressional Amendment to the Rules Committee Print standing American traditions that de- Record during floor consideration of H.R. from Mr. Hastings of Washington. As you know, the Association represents the collec- serve protection, which is exactly what 4089, to memorialize our understanding. Thank you for your cooperation and sup- tive perspectives of the state fish and wild- this underlying legislation does, the port. life agencies, and all 50 state agencies are Sportsmen’s Heritage Act of 2012. This Sincerely, members. We appreciate the work of Com- is why the bill has received strong bi- DOC HASTINGS, mittee Members and staff in concluding the partisan support and the endorsement Chairman. perfecting language as reflected in the Man- of dozens of sporting and wildlife orga- ager’s Amendment. We also appreciate the nizations. HOUSE OF REPRESENTATIVES, enhanced opportunities for recreational fish- I again want to commend the spon- COMMITTEE ON NATURAL RESOURCES, ing, hunting and shooting that will be real- sors for their work and encourage all of Washington, DC, March 8, 2012. ized as a result of the bill upon enactment. my colleagues to support and vote for Hon. FRANK LUCAS, Chairman, Committee on Agriculture, We respectfully urge you to oppose any po- this legislation. I also want to thank Longworth HOB, Washington, DC. tential floor amendments that would threat- Chairman UPTON of the Energy and DEAR MR. CHAIRMAN: On February 29, 2012, en either state fish and wildlife agency au- Commerce Committee and Chairman the Committee on Natural Resources ordered thority, or jeopardize the Pittman-Robertson

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.056 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1875 and Dingell-Johnson laws, the most success- regulate traditional ammunition with lead Thank you for your consideration and we ful conservation funding models of user-pay/ components and lead fishing tackle. look forward to working with you to enact public benefits for fish and wildlife conserva- Specifically, H.R. 4089 is composed of the H.R. 4089. tion and hunting, fishing and shooting following titles: Sincerely, sports. American Sportfishing Association, As we celebrate the 75th Anniversary of TITLE I—RECREATIONAL FISHING AND Archery Trade Association, Boone and the Wildlife and Sportfish Restoration Funds HUNTING HERITAGE AND OPPORTUNI- Crockett Club, Bowhunting Preserva- (Pittman-Robertson and Dingell-Johnson), it TIES. After acknowledging that ‘‘rec- tion Alliance, Campfire Club of Amer- reminds us of the need to recommit our- reational anglers and hunters have been and ica, Catch-A-Dream Foundation, Cen- selves to protecting the integrity of these continue to be among the foremost sup- ter for Coastal Conservation, Coastal funds and the conservation decisions using porters of sound fish and wildlife manage- Conservation Association, Congres- these funds that are best made at the state ment and conservation in the United States’’ sional Sportsmen’s Foundation, Con- and local levels with the input of the hunt- and defining hunting and recreational fish- servation Force, Dallas Safari Club, ing, angling and shooting community. State/ ing as ‘‘environmentally acceptable and ben- Delta Waterfowl Foundation, Ducks local decision making is one of the eficial activities,’’ Title I would require the Unlimited, Houston Safari Club, Inter- foundational tenets of the North American Bureau of Land Management and Forest national Game Fish Association, Inter- Model of Wildlife Conservation, and the Service to keep their lands open to hunting, national Hunter Education Associa- sportsmen’s funding of fish and wildlife con- recreational fishing, and shooting and facili- tion, Masters of Foxhounds Associa- servation through license dollars and Pitt- tate the use of and access to Federal public tion, Mule Deer Foundation, National man-Robertson and Dingell-Johnson excise lands and waters for these activities, pursu- Rifle Association. taxes apportioned to the states is the most ant to reasonable exceptions. Access to areas National Shooting Sports Foundation, successful conservation program in the to participate in these activities is one of the National Trappers Association, Na- world. top reasons cited as to why sportsmen stop tional Wild Turkey Federation, North Thank you for your consideration of the participating in their sports. We support and American Bear Foundation, North Association’s perspectives. endorse the perfecting language designed to American Grouse Partnership, Pheas- Sincerely, address potential unintended consequences, ants Forever, Pope and Young Club, JONATHAN W. GASSETT, as reflected in the amended H.R. 2834 as re- Quail Forever, Quality Deer Manage- PH.D., ported out of the House Natural Resources ment Association, Rocky Mountain President, Association Committee. Elk Foundation, Ruffed Grouse Soci- of Fish & Wildlife TITLE II—RECREATIONAL SHOOTING ety, Safari Club International, Agencies and Com- PROTECTION. This portion of the bill pro- Shimano, Texas Wildlife Association, missioner, Kentucky tects the ability of Americans to enjoy rec- The Bass Federation, U.S. Sportsmen’s Department of Fish reational shooting on public lands. Specifi- Alliance, Wild Sheep Foundation, Wild- & Wildlife Re- cally, this portion of the bill says, ‘‘Subject life Forever, Wildlife Management In- sources. to valid existing rights, National Monument stitute. land under the jurisdiction of the Bureau of Mr. GRIJALVA. Madam Chairman, I APRIL 12, 2012. Land Management shall be open to access rise in strong opposition to H.R. 4089 Hon. JOHN BOEHNER, and use for recreational shooting.’’ There- and yield myself such time as I may Speaker of the House, Longworth H.O.B., fore, if a Federal land agency needs to close consume. Washington, DC. a portion of land to recreational shooting This legislation is completely unnec- Hon. ERIC CANTOR, they are required to ‘‘submit to Congress a House Majority Leader, Cannon Building, essary. If enacted, it would actually report detailing the location and extent of, harm hunting and fishing on our public Washington, DC. and evidence justifying, such a closure or re- Hon. NANCY PELOSI, lands. striction’’ and to meet other criteria de- Today, April 17, 2012, nearly 85 per- House Minority Leader, Cannon H.O.B., Wash- signed to keep all available lands open to ington, DC. sportsmen and recreational shooters. This cent of Federal lands are open for hunt- DEAR SPEAKER BOEHNER, MAJORITY LEADER portion of H.R. 4089 also instructs Federal ing, fishing, and recreational shooting. CANTOR, AND MINORITY LEADER PELOSI: The land managers to manage lands ‘‘in a man- These activities have always been an undersigned organizations from the rec- ner that supports, promotes and enhances essential part of Federal land manage- reational fishing, hunting, shooting, and recreational shooting opportunities. . . .’’ ment, and they always will be. wildlife conservation community would like Yes, hunting and shooting are facing to bring to your attention our support for TITLE III—POLAR BEAR CONSERVA- H.R. 4089, the Sportsmen’s Heritage Act of TION AND FAIRNESS. This portion of the ever increasing pressures from develop- 2012. This legislation is basically comprised legislation permits the importation of polar ment, from pollution and habitat de- of several of the approximately eight sports- bear trophies taken legally by hunters in struction. Areas that were once fertile men’s priority bills being championed by the Canada through an amendment to the Ma- and open hunting grounds are now con- bipartisan Congressional Sportsmen’s Cau- rine Mammal Protection Act. If this bill dominiums or strip malls. cus. Additionally, in these fiscal times, none were to be enacted, up to $41,000 would be The reality is that Federal public of the provisions of H.R. 4089 score or contain generated for polar bear conservation and re- lands and Federal land managers are any authorization for funding. We under- search which would aid in future polar bear the last bastion of a hunting tradition stand that not all of the eight sportsmen’s conservation efforts. many have enjoyed for generations. priority bills are included within this Act; TITLE IV—HUNTING, FISHING, AND While so much private property is however, we appreciate the need to quickly RECREATIONAL SHOOTING PROTECTION. closed to hunters, the Federal lands re- move this legislation as it currently stands. This portion of the legislation amends the H.R. 4089 is essential to recognizing the im- main open. Toxic Substances Control Act to exclude tra- But instead of recognizing the value portance of and facilitating the expansion ditional ammunition with lead components and enhancement of hunting and rec- and lead fishing tackle from regulation by of these lands and the expertise of reational fishing and shooting. H.R. 4089 is a the Environmental Protection Agency. Title these dedicated land managers, instead compilation of four different bills (H.R. 2834, IV covers a variety of hunting and fishing of recognizing the complexity of bal- H.R. 3440, H.R. 991, and H.R. 1558) that pro- components that will be exempt because ancing the competing demands of our mote and advance our hunting and rec- they are subject to a Federal excise tax public lands, supporters of this bill ac- reational fishing and shooting heritage. which serves as a revenue source for con- cuse local land management profes- Summarily, the bill includes language that: servation efforts at the state level. There is sionals of opposing hunting and claim Requires hunting and recreational shoot- no scientific evidence to suggest the lead that officials here in Washington and ing and fishing to be recognized activities on contained in ammunition and fishing tackle all Forest Service and Bureau of Land Man- we here in the Capitol know best how is having an adverse impact at the popu- to manage wildlife thousands and thou- agement lands; lation or ecosystem level, and a ban on lead Protects recreational shooting on National in sporting equipment would unduly burden sands of miles away. The legislation Monuments under the jurisdiction of the Bu- both industry and sportsmen alike. and its supporters are wrong on every reau of Land Management; count. Amends the Marine Mammal Protection The enactment of H.R. 4089 is an important As part of the analysis of H.R. 4089 by Act to allow hunters who legally harvested step in the advancement of America’s sport- the Congressional Budget Office, CBO ing heritage. We urge you to support H.R. polar bears in Canada prior to its listing found that hunting, fishing, and rec- under the Endangered Species Act to pur- 4089. With your support, we can help over- chase permits in order to transport their tro- come the obstacles facing sportsmen and reational shooting are allowed on most phies into the U.S.; and women today and further the sportsmen tra- Federal lands under current law. The Clarifies that the Environmental Protec- dition so that it can be handed down for gen- problem this bill claims to solve actu- tion Agency does not have the jurisdiction to erations to come. ally does not exist. What’s worse, this

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.040 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1876 CONGRESSIONAL RECORD — HOUSE April 17, 2012 bill is not designed to improve the lands. The only step this Congress It is the very ammunition, the fire- quality of our public lands or our pub- could take to endanger these activities arms and the fishing tackle, along with lic recreation, rather, it is another in a is to pass H.R. 4089. sportsmen and -women that are footing string of legislative proposals put forth With that, Madam Chairman, I re- the bill to manage, to protect, and cre- by the majority intended to devalue serve the balance of my time. ate the habitat for the species that the and degrade our public resources. Mr. HASTINGS of Washington. very anti-hunting and -angling inter- Since the beginning of this Congress, Madam Chairman, I am very pleased to ests claim that they are trying to save. Republicans have pushed for unlimited yield 4 minutes to the author of one of That is why the sportsmen’s conserva- oil and gas development on Federal those pieces of legislation, the chair- tion organizations and the State fish lands, even waiving important environ- man of the Veterans’ Affairs Com- and game agencies have united with in- mental assessments designed to make mittee, the gentleman from Florida dustry and Second Amendment inter- sure energy development doesn’t de- (Mr. MILLER). ests to get behind this piece of legisla- stroy wildlife and surrounding commu- Mr. MILLER of Florida. I thank tion. nities. Chairman HASTINGS for yielding, Sub- While there is still much work to be Republicans have rejected efforts to committee Chairman BISHOP and all done to ensure that sportsmen’s rights put safeguards on offshore drilling to the members of the Natural Resources continue to be protected, H.R. 4089 ad- protect important coastal ecosystems. Committee for their help and support dresses some of the sportsmen’s com- Republicans have fought to sell Fed- in bringing this piece of legislation to munities’ most pressing concerns, and I eral lands on the cheap or just give the floor. urge passage of this important piece of I also want to take this time to say them away. legislation. thank you to the entire sportsmen’s Republicans have tried to cut off Mr. GRIJALVA. I continue to reserve community, which has worked very funding for new habitat through the the balance of my time. Land and Water Conservation Fund; hard to solidify the support here in Mr. HASTINGS of Washington. they support dams and other develop- Congress, including Congressmen Madam Chairman, I yield 2 minutes to BENISHEK, FLAKE, YOUNG, and BROUN, ment in and along wild and scenic re- the gentleman from Georgia (Mr. and my counterparts in the Congres- coveries; they even push for uranium BROUN), who is a member of the Nat- sional Sportsmen’s Caucus leadership, mining near the Grand Canyon in my ural Resources Committee. beloved State of Arizona. Congressmen ROSS, LATTA, and Mr. BROUN of Georgia. Thank you, SHULER. Supporters of this bill will claim to Mr. Chairman. I would be remiss not to recognize love wildlife, but they attack wildlife I rise today in support of H.R. 4089, the efforts of the individuals who have habitats every chance they get. the Sportsmen’s Heritage Act of 2012, a diligently worked together with the At every turn, we’ve argued that our bill that will protect hunting and fish- sportsmen’s community to help ad- parks, forests, and monuments are im- ing on public lands and preserve the vance this very bipartisan package of portant for recreation, for wildlife, and use of traditional ammunition and fish- legislation. for water. We have argued against ing tackle. these development proposals because I agree with my friends on the other side of the aisle that hunting, fishing, I am an avid hunter and sportsman. we believe that these lands provide In fact, I’m a life member of Safari economic benefits to the surrounding and other wildlife-dependent activities have always and should be continued Club International and my life member communities. number is 17. I began coming to Wash- For supporters of this legislation to on our public lands. What this legisla- ington, D.C., as a volunteer advocate come to this floor and claim they have tion does is protects sportsmen’s for hunting and fishing rights and for seen the light, that all of a sudden they rights. It protects sportsmen’s rights gun owners’ rights and responsible con- realize Federal public lands are valu- that preserves our Nation’s heritage; servation. I’m also honored to be a life able, is not credible. and among the provisions in this legis- member of the National Rifle Associa- This bill is not intended to save Fed- lation, it prevents the EPA from ex- tion. I know the importance of ensur- eral lands or to support Federal land panding TSCA to regulate traditional ing that our hunters’ and our anglers’ managers. This bill is designed to wrap ammunition and fishing tackle. rights are protected, as well as ensur- them in red tape, place obstacles in Those in opposition may suggest it is ing the sustainability of wildlife. their path, and intimidate them by the majority’s belief that lead shot, This legislation is a compilation of making them seek permission from bullets, and other projectiles, propel- four pro-hunting, -shooting, and -fish- agency heads in Washington before lants, and primers should not be regu- ing bills offered by my friends JEFF they can do their jobs. lated by anyone at all. But as you This bill is about scoring political heard just a moment ago by the chair- MILLER of Florida, DON YOUNG of Alas- points with outside groups, even if it man of the full committee, State fish ka, JEFF FLAKE of Arizona, and Dr. means harming our precious public re- and wildlife agencies are authorized to DAN BENISHEK of Michigan. I commend sources. manage most of the States’ fish and all of them for their great work on this Not only is H.R. 4089 bad policy, it is wildlife activities and, therefore, close- issue. I am also pleased to say that I an expensive piece of legislation. ly monitor and address any local con- cosponsored all of their legislation. Again, according to the nonpartisan cerns about lead-based ammunition. Of note, I would like to personally Congressional Budget Office, forcing Some will also falsely claim that thank Dr. BENISHEK for allowing me to the Federal land management agencies there is significant danger to wildlife amend his portion of the bill, the Rec- to scrap decades of careful planning populations. With very limited excep- reational Fishing and Hunting Herit- and then forcing them to redraft all of tions, there is simply no sound evi- age Opportunities Act, that we marked these current plans according to the dence that the use of traditional am- up in our Natural Resources Com- dictates of politicians here in Wash- munition is causing harm to wildlife or mittee. ington will ultimately cost $12 million. their populations. Others incorrectly In this Congress, as I have done in claim that traditional ammunition was the past two Congresses, I introduced b 1530 a threat to human health. In fact, ac- H.R. 1444, legislation that would re- On a day when the majority has cording to the CDC, there has never, quire that hunting activities be consid- voted to deem the Ryan budget in never been a case where lead poisoning ered as a land use in all management place, a budget we are told is nec- has been traced to wild-game meat. plans for Federal land. My amendment essary, even though it will devastate Succumbing to the anti-hunting and was complementary to Mr. BENISHEK’s our seniors, our students, our families, anti-fishing groups at the expense of legislation, and it is included in this our environment, the majority is ask- the taxpayer and sportsmen, it will be legislation that we are voting on ing the House to vote for $12 million in detrimental to the countless manufac- today. new spending that is both unnecessary turing facilities of sportsmen and rec- Sportsmen devote their time, their and harmful. reational industry. It will destroy money, and their efforts towards ensur- Hunting and fishing and recreational thousands of jobs and hurt wildlife con- ing that our Nation’s fish and wildlife shooting are commonplace on Federal servation funding and efforts. are sustainable for all Americans to

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.057 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1877 enjoy. In return, I urge my colleagues Mr. GRIJALVA. Madam Chair, just Mr. HASTINGS of Washington. to support the Sportsmen’s Heritage to make sure that the record is clear, Madam Chairman, I yield myself such Act so that future generations can con- as I mentioned, much of our public time as I may consume. tinue to hunt, fish, and enjoy God- lands—and CBO mentioned that as Let me touch a bit on an issue that given natural resources. well—are open to hunting, fishing, and was brought up as to the cost of this The CHAIR. The time of the gen- recreational shooting. legislation—cost that I acknowledge tleman has expired. was scored by the Congressional Budg- b 1540 Mr. HASTINGS of Washington. I et Office. I have to say, sometimes we yield the gentleman an additional 30 I think it’s important to see how that have differences with those agencies. I seconds. translates into acreage: guess that’s understandable. But they Mr. BROUN of Georgia. I urge my BLM lands, 245 million acres, 95 per- suggest that there is a cost associated colleagues to support the Sportsmen’s cent open; with this bill. Let me kind of walk Park Service, 84 million acres, 70 per- Heritage Act so that future genera- through some points of this bill that I cent open; tions can continue to hunt, fish, and hope will point out: How can there be a Fish and Wildlife, 150 million acres, enjoy the God-given natural resources cost associated with it? 57 percent open; that were bestowed upon this country. Forest Service, 193 million acres, 95 Because, first of all, this bill does not Mr. GRIJALVA. Madam Chair, I con- percent open. create a new program. New programs tinue to reserve the balance of my The real threat to access to our pub- would be associated with cost. This time. lic lands for hunters, anglers, and rec- does not create a new program. It does Mr. HASTINGS of Washington. reational shooting is the privatization not authorize any new spending. So be- Madam Chair, I yield 2 minutes to the of these very important public re- cause it doesn’t authorize spending, gentleman from Michigan, Dr. sources, degraded habitat due to lack how can there be a cost associated with BENISHEK, who is also a sponsor of one of funding, and development that dis- it? It does not authorize any new per- of the pieces of legislation that’s part rupts habitat and water quality. sonnel. So if we don’t add any new per- of this legislation. The majority frequently laments sonnel, how can there be a cost associ- Mr. BENISHEK. Madam Chairman, I that Federal lands dominate the West ated with it? Further, the bill restricts come before the House today as a co- and are robbing local communities of the ability of Federal land managers to sponsor and a strong supporter of the important resources. They have pro- oppose restrictions. Well, if they do Sportsmen’s Heritage Act. moted taking these same lands and giv- less, one would say, logically, how I thank my good friend, Chairman ing it to the States, liquidating others, could there be a cost associated with MILLER , for introducing it, and I’m par- and intensely developing what is left. If it? ticularly pleased that title I of the bill that is the pattern of land management I think what the reason is—and contains the Recreational Fishing and that the majority seeks for our public sometimes we point fingers here too Hunting Heritage Opportunities Act, a lands, then hunters, anglers, rec- much, but I mentioned in my opening bill I introduced last September. reational and people that enjoy our statement that the Department of the Madam Chairman, my northern open spaces and public lands will be Interior had some problems with this Michigan district is blessed with abun- more endangered by that public policy legislation, and maybe they had some dant natural resources, including three than by a problem that this bill at- problems and said that there would be Federal forests. Like many in the First tempts to address that doesn’t exist. new activities for people that work for District, I have enjoyed hunting and I reserve the balance of my time. them and, therefore, there would be a fishing since I was a child. These are Mr. HASTINGS of Washington. I am cost. memories I have cherished for a life- very pleased to yield 1 minute to the Let me reiterate: it doesn’t create a time, and I want to ensure that north- gentleman from Arizona, somebody new program. It does not authorize new ern Michigan’s children and grand- who has worked on this legislation, Mr. spending, doesn’t hire anybody. Under children will be able to enjoy the same. GOSAR. current law, they are required to do Today’s bipartisan bill is not some Mr. GOSAR. Thank you, Mr. Chair- what they are required to do. How sweeping or radical piece of legislation. man. could that possibly cost more money? It simply confirms that sportsmen will Madam Chair, I rise in support of the But yet that is what the CBO scored, be able to access Federal lands to enjoy Sportsmen’s Heritage Act of 2012. I and there’s absolutely nothing we can fishing, hunting, and recreational have lived in rural America my entire do because that’s their score. shooting. These pursuits are part of the life, where hunting, fishing, and sport But I will tell you, Madam Chairman, tradition of American public land use, shooting are more than just hobbies— for the record, I highly doubt that if but regrettably they are threatened by they are a way of life. one were to walk their way through the animal rights and environmental Unfortunately, in Arizona, where the restrictions that I have here and apply groups that seek to end that tradition. Federal Government administers near- it to any other legislation, I would Like many in this House, I believe ly 50 percent of our land, recreational have to think that there would be no these traditions are something to be activities are being restricted by ill-ad- costs associated with that legislation. celebrated and protected. Whether it’s vised land management decisions. BLM And I think that is probably the case, trout fishing in May, deer hunting in has shut down nearly 72,000 acres in when you really get down to it, on this November, or just shooting clays with Agua Fria and is targeting 600,000 more legislation. some friends, every person in this at the Sonoran Desert and the With that, I reserve the balance of country has a right to enjoy these Ironwood Forest National Monument. my time. lands. The bill we are considering today re- Mr. GRIJALVA. May I inquire as to Madam Chairman, let us make clear moves government roadblocks to these how much time is remaining? today that hunting, fishing, and rec- activities and guards against new regu- The CHAIR. The gentleman from Ari- reational shooting on Federal lands lations that threaten to block or limit zona has 23 minutes remaining, and the must be protected. Let us make sure access to hunting and fishing. Our way gentleman from Washington has 111⁄2 that when our grandchildren pick up of life should not be infringed upon be- minutes remaining. their fishing rod or firearm for their cause of the prejudices of bureaucrats Mr. GRIJALVA. I continue to reserve first time and head out into America’s who do not understand the lifestyles of the balance of my time. great outdoors, they have the same sportsmen in rural America. Mr. HASTINGS of Washington. I am rights and privileges that we have al- I urge my colleagues to protect jobs, very pleased to yield 3 minutes to an- ways known. economic growth, and the traditional other gentleman that has authored leg- I invite all my colleagues to visit right of American sportsmen to hunt islation that is part of the title of this northern Michigan this summer for and fish. Vote ‘‘yes’’ on H.R. 4089, the legislation, the gentleman from Ari- some of the best trout fishing in Amer- Sportsmen’s Heritage Act. zona (Mr. FLAKE). ica or visit this October or November Mr. GRIJALVA. I reserve the balance Mr. FLAKE. Thank you, Mr. Chair- for some grouse and deer hunting. of my time. man, for yielding.

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.061 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1878 CONGRESSIONAL RECORD — HOUSE April 17, 2012 I rise in support of H.R. 4089, the tional monument lands. It also does but to my constituents, as well as indi- Sportsmen’s Heritage Act. not authorized any new spending. viduals across this Nation. I have appreciated the opportunity I believe the Recreational Shooting I strongly support H.R. 4089 and will and have helped with the introduction Protection Act affords Congress the discuss a provision of the bill relating of legislation that will protect and en- necessary oversight to prevent unnec- to the importance of having access to hance opportunities for recreational essary recreational shooting bans, and public lands for our sportsmen and hunting, fishing, and shooting. I am I urge its adoption. -women. This portion of the bill would proud that the Recreational Shooting The CHAIR. The time of the gen- ensure that Federal land management Protection Act, legislation that I in- tleman has expired. agencies, primarily the Forest Service troduced earlier this year, is a critical Mr. HASTINGS of Washington. I and the Bureau of Land Management, measure towards protecting the rights yield the gentleman an additional 30 act to protect and foster hunting, fish- of recreational shooters and is included seconds. ing, and shooting traditions on Federal in the bill that we’re debating today. Mr. FLAKE. Thank you. public lands by directing these Federal As I stand here, the Bureau of Land I should mention that as a diverse agencies to exercise their land manage- Management is actively working to package of critical natural resource ment discretion to facilitate sports- ban recreational shooting in both the bills, the Sportsmen’s Heritage Act is men’s and -women’s activities. Sonoran Desert and Ironwood Forest poised to protect and enhance opportu- One of my priorities has been to en- National Monument in Arizona. That’s nities for sportsmen across the Nation. sure our youth have the opportunities more than 600,000 acres of taxpayer- I urge its passage. to access to become involved in hunt- supported public lands that, if the ad- Again, I thank the chairman for ing, fishing, and other shooting sports. ministration had its druthers, would be bringing this forward, and those who’ve One of the main reasons cited as to closed to recreational shooting in my worked on the broader piece of legisla- why sportsmen and -women stop par- State of Arizona alone. tion. It’s a good piece of legislation. It ticipating in these activities is the lim- Don’t be confused; this isn’t just an ought to be passed. itation and access of land. By having Arizona issue. In 2010 alone, the agency b 1550 more access to Federal lands, it helps unilaterally closed more than 400,000 current users and facilitates that next Mr. GRIJALVA. Madam Chairman, acres across three States to rec- generation of hunters, anglers, and my State and my colleague’s, Con- reational shooting. Just as troubling as shooters. the closures themselves is the process gressman FLAKE’s, State, and my dis- trict are both blessed with Federal In my home State of Ohio, only 3 per- by which they’re coming about. The cent of the land is publicly owned, mechanism for these closures is just lands, both Forest Service Bureau of Land Management areas. The debate whereas in some of our Western States, bureaucratic fiat. the majority of the land is publicly Too often, the BLM seems quick to over access for shooting has been fierce owned, as just mentioned by my friend. point to the action of some bad actors for many, many years. We’ve had clo- For example, in Nevada, approximately and just as quick to ignore that many sures of some areas because shooting 80 percent of the land is Federal land, recreational shooting enthusiasts re- activities, in particular, using saguaro and in Wyoming, it’s almost 50 percent. sponsibly use their Federal lands and cactuses as targets, was impacting the Again, if these lands in these States the existing laws already on the books lands, and the ironwood, which is an with large tracts of Federal lands are that make disreputable actions illegal endangered bosque that is one of the restricted, hunters and recreational already. Whether it’s closing a million few left in our Nation and certainly in fishermen and -women will not be able acres of Federal lands to do mining, in- the Southwest. to participate in those outdoor activi- vestigating costly pollution controls These processes by which commu- ties. And, again, it will impede our for a new power plant, trying to re- nities go through an arbitrary, cookie- youth from being able to participate in quire costly modifications to pools, or cutter approach at the national level in the future because, again, they rely on locking up recreational shooting areas, terms of recreational shooting robs the those adults to get them out. you would think that the administra- local community of their ability to im- I strongly urge my colleagues to sup- tion’s arms at some point would get pact and their ability to be able to ne- port H.R. 4089, and I thank the gen- tired from overreaching. gotiate compromise and draw con- As a remedy in the shooting areas, sensus on appropriate shooting ranges tleman. the Recreational Shooting Protection and sites. Mr. GRIJALVA. If I may, if I could Act portion of the bill would require I would suggest that here in Wash- inquire from Chairman HASTINGS as to congressional approval for existing and ington, D.C., whether it’s Congress or anymore speakers. I am prepared to future recreational shooting restric- the officials here in Washington mak- close. tions on BLM-managed national monu- ing those decisions for Arizona, for our Mr. HASTINGS of Washington. I ment lands. It would also direct the respective districts, that the reaction thank the gentleman. I am prepared to BLM to manage national monument from the public will not be a good one close, and so if he wishes to close, then lands in a manner that enhances rec- insofar as they have been robbed of the I will close on my side. reational shooting opportunities. I opportunity to find a workable solu- Mr. GRIJALVA. Thank you, Mr. should say that that really is the in- tion for all the parties involved. Chairman. structions that the agencies are under With that, I reserve the balance of Dams, derricks, distress sales—that now, yet they’re continuing to carry my time. has been the agenda of the majority forward with these actions. Mr. HASTINGS of Washington. until today regarding our public lands. For generations, the Federal Govern- Madam Chairman, I am very pleased to Today, an epiphany. We need to protect ment has recognized recreational yield 2 minutes to a vice chairman of wildlife habitat, water quality and ac- shooting as a traditional and legiti- the bipartisan Sportsmen’s Caucus, Mr. cess for hunters, fishermen, anglers, mate activity on public lands. Nowhere LATTA, from Ohio. and recreational shooting. Promoting is this more relevant than in the West- Mr. LATTA. I thank the gentleman. more hunting and fishing activities on ern States, like Arizona, where com- Madam Chairman, I rise today in Federal land involves ensuring the munities are often and literally sur- support of H.R. 4089, the Sportsmen’s habitat is protected, acquiring new rounded by Federal lands. Heritage Act of 2012. This important lands to expand existing habitats, fund- To be clear, all this provision advo- legislation for sportsmen and -women ing wildlife and habitat management cates is an additional layer of super- protect their rights to hunt and fish and continuing to ensure that our vision and oversight of the process. It while limiting restrictions in regards parks, forests, monuments, and wildlife does not prevent the closure of BLM to these activities. As a lifelong hunter areas remain in public hands. lands to recreational shooting, it does and Ohio hunter education instructor So if we’re going to have a discussion not unconditionally reverse existing and current vice chairman of the Con- about access for a very wide and broad closures, and it does not grant rec- gressional Sportsmen’s Caucus, these issue of hunting and fishing on our reational shooters carte blanche on na- issues are not only important to me public lands, we should do that, have a

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.062 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1879 serious discussion. I invite the major- But let’s not lose the underlying ture of a substitute consisting of the ity to enter into that, a serious discus- principle of public lands, that they text of Rules Committee Print 112–19. sion about the funding for fish and should be for multiple use. And what That amendment in the nature of a wildlife habitat, a serious discussion of this legislation simply does is reiter- substitute shall be considered as read. land acquisition to increase access and ates, reiterates that hunting and fish- The text of the amendment in the na- availability for hunters and fishermen ing have their portion—not higher, not ture of a substitute is as follows: and clean water programs that would lower—but have their portion on use H.R. 4089 ensure that that habitat is protected. for public lands. That’s what the whole Be it enacted by the Senate and House of Rep- Hunting and fishing are under at- intent of this legislation is. resentatives of the United States of America in tack, but they’re under attack from We hear my friends on the other side Congress assembled, privatization and development, not of the aisle saying this is becoming top SECTION 1. SHORT TITLE; TABLE OF CONTENTS. from Federal land managers. down; and yet when you look at the (a) SHORT TITLE.—This Act may be cited as the ‘‘Sportsmen’s Heritage Act of 2012’’. This bill says that top-down Wash- concerns that Members have had try- ington knows best, knows the best (b) TABLE OF CONTENTS.—The table of con- ing to offer amendments where they’re tents for this Act is as follows: management and that that is the way trying to get more flexibility, you Sec. 1. Short title; table of contents. to go. We support letting local land can’t have it both ways. This simply TITLE I—RECREATIONAL FISHING AND managers and local communities do reiterates what are the national stand- HUNTING HERITAGE AND OPPORTUNITIES their job. You can’t say you trust CBO ards. It should be multiple use, but par- Sec. 101. Short title. when you like the score and don’t trust ticularly in this case as it relates to Sec. 102. Findings. CBO when you don’t like the score. A hunting and fishing. Sec. 103. Definition. vote for this bill is a vote to spend $12 With that, I urge adoption of the leg- Sec. 104. Recreational fishing, hunting, and shooting. million. It’s that simple. A vote for islation, and I yield back the balance of this bill is to continue the philosophy TITLE II—RECREATIONAL SHOOTING my time. PROTECTION of dams, derricks, and distress sales of Mr. VAN HOLLEN. Madam Chair, this so- our public lands under the guise—under Sec. 201. Short title. called ‘‘Sportsmen’s Heritage Act’’ is an amal- Sec. 202. Definitions. the guise—of solving a problem for gam of four separate bills that have more to Sec. 203. Recreational shooting. hunters and fishermen in this country do with undermining conservation laws than TITLE III—POLAR BEAR CONSERVATION that does not exist on the public lands. hunting, fishing or recreational shooting. AND FAIRNESS Four out of five acres is available for Like many Americans and most Members of Sec. 301. Short title. hunting and fishing on our public this House, I don’t have a problem with hunt- Sec. 302. Permits for importation of polar bear lands. I would suggest that that is not ing, fishing or recreational shooting on federal trophies taken in sport hunts in just a question of being enough; that is Canada. land where appropriate. As a practical matter, about access and opportunity on our over 75% of all federal lands are already open TITLE IV—HUNTING, FISHING, AND public lands for those activities. Let’s RECREATIONAL SHOOTING PROTECTION to hunting and fishing—and more than 85% of not jeopardize them. Sec. 401. Short title. Vote ‘‘no’’ on H.R. 4089, and I yield all national monuments are open for rec- Sec. 402. Modification of definition. back the balance of my time. reational shooting. But as a matter of common TITLE I—RECREATIONAL FISHING AND Mr. HASTINGS of Washington. sense, these recreational activities need to be HUNTING HERITAGE AND OPPORTUNI- Madam Chairman, I yield myself the balanced against the health and safety of TIES balance of the time. other park users and uses, as well as the SEC. 101. SHORT TITLE. The CHAIR. The gentleman is recog- proper management of wildlife and wildfire This title may be cited as the ‘‘Recreational nized for up to 6 minutes. risk. And at the end of the day, these kinds of Fishing and Hunting Heritage and Opportuni- Mr. HASTINGS of Washington. Let’s decisions are best made by local land man- ties Act’’. go back and set the stage for why this agers, not an agency head in Washington, SEC. 102. FINDINGS. D.C. Congress finds that— legislation is needed, and let’s under- (1) recreational fishing and hunting are im- stand that public lands were designated This legislation is further encumbered by a portant and traditional activities in which mil- for multiple use which, of course, regulatory earmark benefitting an estimated 41 lions of Americans participate; means recreation and, of course, com- trophy hunters at the expense of our endan- (2) recreational anglers and hunters have mercial activity, unless Congress says gered species laws, and a provision banning been and continue to be among the foremost otherwise. And the most obvious exam- the EPA from doing something it has already supporters of sound fish and wildlife manage- ple of where Congress says otherwise is publicly said it isn’t going to do. ment and conservation in the United States; Accordingly, I urge a no vote. (3) recreational fishing and hunting are envi- in wilderness designations. But even ronmentally acceptable and beneficial activities then, in wilderness designations, there Mr. RYAN of Wisconsin. Madam Chair, as that occur and can be provided on Federal pub- are certain activities. But Federal an avid outdoorsman and member of the bi- lic lands and waters without adverse effects on lands were designed to be multiple use. partisan Congressional Sportsmen’s Caucus, I other uses or users; The reason for this legislation is be- am grateful for the opportunity to voice my (4) recreational anglers, hunters, and sporting cause we are finding arbitrary deci- support for H.R. 4089, the Sportsmen’s Herit- organizations provide direct assistance to fish sions on the ground not for the excep- age Act. This legislation clarifies federal poli- and wildlife managers and enforcement officers tions that Congress looked at that cies for the management of sporting activities of the Federal Government as well as State and would restrict land activity. The gen- local governments by investing volunteer time on public lands and protects opportunities for and effort to fish and wildlife conservation; tleman from Arizona (Mr. FLAKE) recreational hunting, fishing, and shooting. I (5) recreational anglers, hunters, and the as- pointed that out very well with his por- commend the House Committee on Natural sociated industries have generated billions of tion of this bill. Resources for their commitment to preserving dollars of critical funding for fish and wildlife Some of the restrictions make per- the legacy of conservation and upholding Sec- conservation, research, and management by pro- fectly good sense if one were to look at ond Amendment rights, and I urge my col- viding revenues from purchases of fishing and it hopefully logically, and sometimes leagues to vote in favor of this important legis- hunting licenses, permits, and stamps, as well as we miss that point when we debate lation. excise taxes on fishing, hunting, and shooting here on the floor. One of the reasons is equipment that have generated billions of dol- The CHAIR. All time for general de- lars of critical funding for fish and wildlife con- for reasons of national security. If bate has expired. servation, research, and management; there should be restrictions on public Pursuant to the rule, the bill shall be (6) recreational shooting is also an important lands for national security, nobody, I considered for amendment under the 5- and traditional activity in which millions of think, would argue with that. If there minute rule. Americans participate, safe recreational shoot- should be restrictions on public lands In lieu of the amendment in the na- ing is a valid use of Federal public lands, and for public health, nobody would argue ture of a substitute recommended by participation in recreational shooting helps re- with that. Forest fires or wildfires the Committee on Natural Resources, cruit and retain hunters and contributes to wildlife conservation; come to mind in that situation—or if printed in the bill, it shall be in order (7) opportunities to recreationally fish, hunt, they are contrary to applicable Federal to consider as an original bill for the and shoot are declining, which depresses par- statutes. All of those things make purpose of amendment under the 5- ticipation in these traditional activities, and de- sense. minute rule an amendment in the na- pressed participation adversely impacts fish and

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wildlife conservation and funding for important (A) EVALUATION OF EFFECTS ON OPPORTUNI- (2) The ‘‘within and supplemental to’’ Wilder- conservation efforts; and TIES TO ENGAGE IN RECREATIONAL FISHING, HUNT- ness purposes, as provided in Public Law 88–577, (8) the public interest would be served, and ING, OR SHOOTING.—Federal public land plan- section 4(c), means that any requirements im- our citizens’ fish and wildlife resources bene- ning documents, including land resources man- posed by that Act shall be implemented only in- fitted, by action to ensure that opportunities are agement plans, resource management plans, sofar as they facilitate or enhance the original facilitated to engage in fishing and hunting on travel management plans, general management or primary purpose or purposes for which the Federal public land as recognized by Executive plans, and comprehensive conservation plans, Federal public lands or Federal public land unit Order 12962, relating to recreational fisheries, shall include a specific evaluation of the effects was established and do not materially interfere and Executive Order 13443, relating to facilita- of such plans on opportunities to engage in rec- with or hinder such purpose or purposes. tion of hunting heritage and wildlife conserva- reational fishing, hunting, or shooting. (f) ANNUAL REPORT.— (B) NOT MAJOR FEDERAL ACTION.—No action tion. (1) IN GENERAL.—Not later than October 1 of taken under this title, or under section 4 of the SEC. 103. DEFINITION. each year, the head of each Federal agency who National Wildlife Refuge System Administration In this title: has authority to manage Federal public land on Act of 1966 (16 U.S.C. 668dd), either individually (1) FEDERAL PUBLIC LAND.— or cumulatively with other actions involving which fishing, hunting, or recreational shooting (A) IN GENERAL.—Except as provided in sub- Federal public lands, shall be considered to be a occurs shall publish in the Federal Register and paragraph (B), the term ‘‘Federal public land’’ major Federal action significantly affecting the submit to the Committee on Natural Resources means any land or water that is— quality of the human environment, and no addi- of the House of Representatives and the Com- (i) owned by the United States; and tional identification, analysis, or consideration mittee on Energy and Natural Resources of the (ii) managed by a Federal agency (including of environmental effects, including cumulative Senate a report that describes— the Department of the Interior and the Forest effects, is necessary or required. (A) any Federal public land administered by Service) for purposes that include the conserva- (C) OTHER ACTIVITY NOT CONSIDERED.—The the agency head that was closed to recreational tion of natural resources. fact that recreational fishing, hunting, or shoot- fishing, sport hunting, or shooting at any time (B) EXCLUSION.—The term ‘‘Federal public ing occurs on adjacent or nearby public or pri- during the preceding year; and land’’ does not include any land or water held vate lands shall not be considered in deter- (B) the reason for the closure. in trust for the benefit of Indians or other Na- mining which Federal public lands are open for tive Americans. (2) CLOSURES OR SIGNIFICANT RESTRICTIONS OF these activities or for setting levels of use for 640 OR MORE ACRES.— (2) HUNTING.— these activities. (A) IN GENERAL.—Other than closures under (A) IN GENERAL.—Except as provided in sub- (2) USE OF VOLUNTEERS.—If hunting is prohib- subsection (c), the withdrawal, any change of paragraph (B), the term ‘‘hunting’’ means use ited by law, all Federal public land planning classification, or any change of management of a firearm, bow, or other authorized means in documents of listed in paragraph (1)(A) of an status that effectively closes or significantly re- the lawful— agency shall, after appropriate coordination stricts 640 or more contiguous acres of Federal (i) pursuit, shooting, capture, collection, trap- with State fish and wildlife agency, allow the public land or water to access or use for fishing ping, or killing of wildlife; or participation of skilled volunteers in the culling (ii) attempt to pursue, shoot, capture, collect, and other management of wildlife populations or hunting or activities related to fishing and trap, or kill wildlife. on Federal public lands unless the head of the hunting (or both) shall take effect only if, before (B) EXCLUSION.—The term ‘‘hunting’’ does agency demonstrates, based on the best sci- the date of withdrawal or change, the head of not include the use of skilled volunteers to cull entific data available or applicable Federal stat- the Federal agency that has jurisdiction over excess animals (as defined by other Federal law, utes, why skilled volunteers shall not be used to the Federal public land or water— including laws applicable to the National Park control overpopulations of wildlife on the land (i) publishes notice of the closure, withdrawal, System). that is the subject of the planning documents. or significant restriction; (3) RECREATIONAL FISHING.—The term ‘‘rec- (d) BUREAU OF LAND MANAGEMENT AND FOR- (ii) demonstrates that coordination has oc- reational fishing’’ means the lawful— EST SERVICE LANDS.— curred with a State fish and wildlife agency; (A) pursuit, capture, collection, or killing of (1) LANDS OPEN.—Lands under the jurisdic- and fish; or tion of the Bureau of Land Management and (iii) submits to the Committee on Natural Re- (B) attempt to capture, collect, or kill fish. the Forest Service, including lands designated sources of the House of Representatives and the (4) RECREATIONAL SHOOTING.—The term ‘‘rec- as wilderness or administratively classified as Committee on Energy and Natural Resources of reational shooting’’ means any form of sport, wilderness eligible or suitable and primitive or the Senate written notice of the withdrawal, training, competition, or pastime, whether for- semi-primitive areas but excluding lands on the change, or significant restriction. Outer Continental Shelf, shall be open to rec- mal or informal, that involves the discharge of (B) AGGREGATE OR CUMULATIVE EFFECTS.—If reational fishing, hunting, and shooting unless a rifle, handgun, or shotgun, or the use of a the aggregate or cumulative effect of small clo- the managing Federal agency acts to close lands bow and arrow. sures or significant restrictions affects 640 or to such activity. Lands may be subject to clo- SEC. 104. RECREATIONAL FISHING, HUNTING, more acres, such small closures or significant re- sures or restrictions if determined by the head of AND SHOOTING. strictions shall be subject to these requirements. the agency to be necessary and reasonable and (a) IN GENERAL.—Subject to valid existing (g) AREAS NOT AFFECTED.—Nothing in this rights and subsection (g), and cooperation with supported by facts and evidence, for purposes including resource conservation, public safety, title requires the opening of national park or the respective State and fish and wildlife agen- national monuments under the jurisdiction of cy, Federal public land management officials energy or mineral production, energy generation or transmission infrastructure, water supply fa- the National Park Service to hunting or rec- shall exercise their authority under existing reational shooting. law, including provisions regarding land use cilities, protection of other permittees, protection (h) NO PRIORITY.—Nothing in this title re- planning, to facilitate use of and access to Fed- of private property rights or interests, national quires a Federal agency to give preference to eral public lands and waters for fishing, sport security, or compliance with other law. The recreational fishing, hunting, or shooting over hunting, and recreational shooting except as head of the agency shall publish public notice of other uses of Federal public land or over land or limited by— such closure or restriction before it is effective, water management priorities established by Fed- (1) statutory authority that authorizes action unless the closure or restriction is mandated by eral law. or withholding action for reasons of national se- other law. curity, public safety, or resource conservation; (2) SHOOTING RANGES.— (i) CONSULTATION WITH COUNCILS.—In ful- (A) IN GENERAL.—The head of each Federal (2) any other Federal statute that specifically filling the duties set forth in this title, the heads agency— of Federal agencies shall consult with respective precludes recreational fishing, hunting, or (i) may lease its lands for shooting ranges; shooting on specific Federal public lands, advisory councils as established in Executive and Orders 12962 and 13443. waters, or units thereof; and (ii) may designate specific lands for rec- (j) AUTHORITY OF THE STATES.— (3) discretionary limitations on recreational reational shooting activities. fishing, hunting, and shooting determined to be (B) LIMITATION ON LIABILITY.—Any designa- (1) IN GENERAL.—Nothing in this title shall be necessary and reasonable as supported by the tion under subparagraph (A)(ii) shall not sub- construed as interfering with, diminishing, or best scientific evidence and advanced through a ject the United States to any civil action or conflicting with the authority, jurisdiction, or transparent public process. claim for monetary damages for injury or loss of responsibility of any State to manage, control, (b) MANAGEMENT.—Consistent with subsection property or personal injury or death caused by or regulate fish and wildlife under State law (a), the head of each Federal public land man- any activity occurring at or on such designated (including regulations) on land or water within agement agency shall exercise its land manage- lands. the State, including on Federal public land. ment discretion— (e) NECESSITY IN WILDERNESS AREAS.— (2) FEDERAL LICENSES.—Nothing in this title (1) in a manner that supports and facilitates (1) The provision of opportunities for hunting, authorizes the head of a Federal agency head to recreational fishing, hunting, and shooting op- fishing and recreational shooting, and the con- require a license or permit to fish, hunt, or trap portunities; servation of fish and wildlife to provide sustain- on land or water in a State, including on Fed- (2) to the extent authorized under applicable able use recreational opportunities on des- eral public land in the States, except that this State law; and ignated wilderness areas on Federal public paragraph shall not affect the Migratory Bird (3) in accordance with applicable Federal law. lands shall constitute measures necessary to Stamp requirement set forth in the Migratory (c) PLANNING.— meet the minimum requirements for the adminis- Bird Hunting and Conservation Stamp Act (16 (1) EFFECTS OF PLANS AND ACTIVITIES.— tration of the wilderness area. U.S.C. 718 et seq.).

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A17AP7.009 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1881 TITLE II—RECREATIONAL SHOOTING (f) EFFECTIVE DATE FOR PRIOR CLOSURES AND TITLE IV—HUNTING, FISHING, AND PROTECTION RESTRICTIONS.—On the date that is six months RECREATIONAL SHOOTING PROTECTION SEC. 201. SHORT TITLE. after the date of the enactment of this Act, this SEC. 401. SHORT TITLE. This title may be cited as the ‘‘Recreational title shall apply to closures and restrictions in This title may be cited as the ‘‘Hunting, Fish- Shooting Protection Act’’. place on the date of the enactment of this title ing, and Recreational Shooting Protection Act’’. that relate to access and use for recreational SEC. 202. DEFINITIONS. SEC. 402. MODIFICATION OF DEFINITION. shooting on National Monument land under the In this title: Section 3(2)(B) of the Toxic Substances Con- jurisdiction of the Bureau of Land Manage- (1) DIRECTOR.—The term ‘‘Director’’ means trol Act (15 U.S.C. 2602(2)(B)) is amended— ment. the Director of the Bureau of Land Manage- (1) in clause (v), by striking ‘‘, and’’ and in- (g) ANNUAL REPORT.—Not later than October ment. serting ‘‘, or any component of any such article 1 of each year, the Director shall submit to the (2) NATIONAL MONUMENT LAND.—The term including, without limitation, shot, bullets and ‘‘National Monument land’’ has the meaning Committee on Natural Resources of the House of other projectiles, propellants, and primers,’’; given that term in the Act of June 8, 1908 (com- Representatives and the Committee on Energy (2) in clause (vi) by striking the period at the monly known as the ‘‘Antiquities Act’’; 16 and Natural Resources of the Senate a report end and inserting ‘‘, and’’; and U.S.C. 431 et seq.). that describes— (3) by inserting after clause (vi) the following: (3) RECREATIONAL SHOOTING.—The term ‘‘rec- (1) any National Monument land under the ‘‘(vii) any sport fishing equipment (as such reational shooting’’ includes any form of sport, jurisdiction of the Bureau of Land Management term is defined in subsection (a) of section 4162 training, competition, or pastime, whether for- that was closed to recreational shooting or on of the Internal Revenue Code of 1986) the sale of mal or informal, that involves the discharge of which recreational shooting was restricted at which is subject to the tax imposed by section a rifle, handgun, or shotgun, or the use of a any time during the preceding year; and 4161(a) of such Code (determined without regard bow and arrow. (2) the reason for the closure. to any exemptions from such tax as provided by (h) NO PRIORITY.—Nothing in this title re- section 4162 or 4221 or any other provision of SEC. 203. RECREATIONAL SHOOTING. quires the Director to give preference to rec- such Code), and sport fishing equipment compo- (a) IN GENERAL.—Subject to valid existing reational shooting over other uses of Federal nents.’’. rights, National Monument land under the ju- public land or over land or water management risdiction of the Bureau of Land Management The CHAIR. No amendment to that priorities established by Federal law. shall be open to access and use for recreational amendment in the nature of a sub- (i) AUTHORITY OF THE STATES.— shooting, except such closures and restrictions stitute shall be in order except those (1) SAVINGS.—Nothing in this title affects the determined by the Director to be necessary and printed in House Report 112–444. Each reasonable and supported by facts and evidence authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and such amendment may be offered only for one or more of the following: in the order printed in the report, by a (1) Reasons of national security. wildlife under State law (including regulations) (2) Reasons of public safety. on land or water in the State, including Federal Member designated in the report, shall (3) To comply with an applicable Federal stat- public land. be considered as read, shall be debat- ute. (2) FEDERAL LICENSES.—Nothing in this title able for the time specified in the re- (4) To comply with a law (including regula- authorizes the Director to require a license for port, equally divided and controlled by tions) of the State in which the National Monu- recreational shooting on land or water in a the proponent and an opponent, shall ment land is located that is applicable to rec- State, including on Federal public land in the State. not be subject to amendment, and shall reational shooting. not be subject to a demand for division (b) NOTICE; REPORT.— TITLE III—POLAR BEAR CONSERVATION of the question. (1) REQUIREMENT.—Except as set forth in AND FAIRNESS paragraph (2)(B), before a restriction or closure SEC. 301. SHORT TITLE. b 1600 under subsection (a) is made effective, the Di- This title may be cited as the ‘‘Polar Bear AMENDMENT NO. 1 OFFERED BY MR. HASTINGS rector shall— Conservation and Fairness Act of 2012’’. (A) publish public notice of such closure or re- OF WASHINGTON striction in a newspaper of general circulation SEC. 302. PERMITS FOR IMPORTATION OF POLAR The Acting CHAIR. It is now in order in the area where the closure or restriction will BEAR TROPHIES TAKEN IN SPORT to consider amendment No. 1 printed in HUNTS IN CANADA. be carried out; and House Report 112–444. (B) submit to Congress a report detailing the Section 104(c)(5)(D) of the Marine Mammal Mr. HASTINGS of Washington. Protection Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is location and extent of, and evidence justifying, Madam Chairman, I have an amend- such a closure or restriction. amended to read as follows: ‘‘(D)(i) The Secretary of the Interior shall, ex- ment at the desk made in order under (2) TIMING.—The Director shall issue the no- the rule. tice and report required under paragraph (1)— peditiously after the expiration of the applicable (A) before the closure if practicable without 30-day period under subsection (d)(2), issue a The Acting CHAIR. The Clerk will risking national security or public safety; and permit for the importation of any polar bear designate the amendment. (B) in cases where such issuance is not prac- part (other than an internal organ) from a polar The text of the amendment is as fol- ticable for reasons of national security or public bear taken in a sport hunt in Canada to any lows: safety, not later than 30 days after the closure. person— Page 3, line 15, after ‘‘of Federal public (c) CESSATION OF CLOSURE OR RESTRICTION.— ‘‘(I) who submits, with the permit application, lands,’’ insert ‘‘including the establishment A closure or restriction under paragraph (1) or proof that the polar bear was legally harvested of safe and convenient shooting ranges on (2) of subsection (a) shall cease to be effective— by the person before February 18, 1997; or such lands,’’. (1) effective on the day after the last day of ‘‘(II) who has submitted, in support of a per- Page 5, line 4, strike ‘‘; or’’ and insert a the six-month period beginning on the date on mit application submitted before May 15, 2008, semicolon. which the Director submitted the report to Con- proof that the polar bear was legally harvested Page 5, line 6, strike the period and insert gress under subsection (b)(2) regarding the clo- by the person before May 15, 2008, from a polar ‘‘; or’’. sure or restriction, unless the closure or restric- bear population from which a sport-hunted tro- Page 5, after line 6, insert the following: tion has been approved by Federal law; and phy could be imported before that date in ac- (iii) the training of hunting dogs, including (2) 30 days after the date of the enactment of cordance with section 18.30(i) of title 50, Code of field trials. a Federal law disapproving the closure or re- Federal Regulations. Page 6, line 5, strike ‘‘and waters’’ and in- striction. ‘‘(ii) The Secretary shall issue permits under sert ‘‘, including Wilderness Areas, Wilder- (d) MANAGEMENT.—Consistent with subsection clause (i)(I) without regard to subparagraphs ness Study Areas, or lands administratively (a), the Director shall manage National Monu- (A) and (C)(ii) of this paragraph, subsection classified as wilderness eligible or suitable ment land under the jurisdiction of the Bureau (d)(3), and sections 101 and 102. Sections and primitive or semi-primitive areas,’’. of Land Management— 101(a)(3)(B) and 102(b)(3) shall not apply to the Page 7, line 20, after ‘‘(16 U.S.C. 668dd),’’ in- (1) in a manner that supports, promotes, and importation of any polar bear part authorized sert ‘‘as amended by the National Wildlife enhances recreational shooting opportunities; by a permit issued under clause (i)(I). This Refuge System Improvement Act of 1997,’’. (2) to the extent authorized under State law clause shall not apply to polar bear parts that Page 8, strike lines 4 through 10 and insert (including regulations); and were imported before June 12, 1997. the following: (3) in accordance with applicable Federal law ‘‘(iii) The Secretary shall issue permits under (C) OTHER ACTIVITY NOT CONSIDERED.—Fed- (including regulations). clause (i)(II) without regard to subparagraph eral public land management officials are (e) LIMITATION ON DUPLICATIVE CLOSURES OR (C)(ii) of this paragraph or subsection (d)(3). not required to consider the existence or RESTRICTIONS.—Unless supported by criteria Sections 101(a)(3)(B) and 102(b)(3) shall not availability of recreational fishing, hunting, under subsection (a) as a result of a change in apply to the importation of any polar bear part or shooting opportunities on adjacent or circumstances, the Director may not issue a clo- authorized by a permit issued under clause nearby public or private lands in the plan- sure or restriction under subsection (a) that is (i)(II). This clause shall not apply to polar bear ning for or determination of which Federal substantially similar to closure or restriction parts that were imported before the date of en- public lands are open for these activities or previously issued that was not approved by Fed- actment of the Polar Bear Conservation and in the setting of levels of use for these ac- eral law. Fairness Act of 2012.’’. tivities on Federal public lands, unless the

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.009 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1882 CONGRESSIONAL RECORD — HOUSE April 17, 2012 combination or coordination of such oppor- the head of the Federal agency that has ju- Mr. HASTINGS of Washington. I tunities would enhance the recreational fish- risdiction over the Federal public land— yield back the balance of my time. ing, hunting, or shooting opportunities (A) publishes appropriate notice of the The Acting CHAIR (Mr. SIMPSON). available to the public. withdrawal or change, respectively; The question is on the amendment of- Page 8, line 13, strike ‘‘of’ ’’ the first place (B) demonstrates that coordination has oc- fered by the gentleman from Wash- it appears. curred with a State fish and wildlife agency; Page 8, line 15, strike ‘‘agency’’ and insert and ington (Mr. HASTINGS). ‘‘agencies’’ (C) submits to the Committee on Natural The amendment was agreed to. Page 9, line 3, after ‘‘Forest Service, in- Resources of the House of Representatives AMENDMENT NO. 2 OFFERED BY MR. HOLT cluding’’ insert ‘‘Wilderness Areas, Wilder- and the Committee on Energy and Natural The Acting CHAIR. It is now in order ness Study Areas,’’. Resources of the Senate written notice of the to consider amendment No. 2 printed in Page 9, beginning at line 18, strike ‘‘The withdrawal or change, respectively. House Report 112–444. head’’ and all that follows through line 21. (2) AGGREGATE OR CUMULATIVE EFFECTS.—If Mr. HOLT. Mr. Chairman, I have an Page 9, strike lines 23 through page 10, line the aggregate or cumulative effect of sepa- 4 and insert the following: amendment at the desk. rate withdrawals or changes effectively The Acting CHAIR. The Clerk will (A) IN GENERAL.—The head of each Federal closes or significantly restricts 1280 or more agency shall use his or her authorities in a designate the amendment. acres of land or water, such withdrawals and The text of the amendment is as fol- manner consistent with this Act and other changes shall be treated as a single with- applicable law, to— drawal or change for purposes of paragraph lows: (i) lease or permit use of lands under the (1). Page 12, strike line 24 and all that follows jurisdiction of the agency for shooting (3) EMERGENCY CLOSURES.—Nothing in this through page 13, line 2 and insert the fol- ranges; and Act prohibits a Federal land management lowing: (ii) designate specific lands under the juris- agency from establishing or implementing (g) AREAS NOT AFFECTED.—Nothing in this diction of the agency for recreational shoot- emergency closures or restrictions of the title requires the opening to hunting or rec- reational shooting of— ing activities. smallest practicable area to provide for pub- (1) a national park or national monument Page 10, strike line 12 and all that follows lic safety, resource conservation, national under the jurisdiction of the National Park through page 11, line 3, and insert the fol- security, or other purposes authorized by Service; or lowing: law. Such an emergency closure shall termi- (e) NECESSITY IN WILDERNESS AREAS AND (2) a unit of the National Park System nate after a reasonable period of time unless ‘‘WITHIN AND SUPPLEMENTAL TO’’ WILDERNESS (that is not a national park or national converted to a permanent closure consistent PURPOSES.— monument) unless specifically provided by with this Act. (1) MINIMUM REQUIREMENTS FOR ADMINIS- Page 12, after line 23, insert the following: statute that such unit be open to hunting or TRATION.—The provision of opportunities for (3) NATIONAL WILDLIFE REFUGE SYSTEM.— recreational shooting. hunting, fishing and recreational shooting, Nothing in this Act is intended to amend or The Acting CHAIR. Pursuant to and the conservation of fish and wildlife to modify the provisions of the National Wild- House Resolution 614, the gentleman provide sustainable use recreational oppor- life Refuge System Administration Act of from New Jersey (Mr. HOLT) and a tunities on designated wilderness areas on 1966 (16 U.S.C. 668dd et seq.), except as ex- Member opposed each will control 5 Federal public lands shall constitute meas- pressly provided herein. ures necessary to meet the minimum re- minutes. Page 13, line 22, after ‘‘license’’ insert ‘‘, The Chair recognizes the gentleman quirements for the administration of the wil- fee,’’. derness area. Page 18, after line 18, insert the following: from New Jersey. (2) The term ‘‘within and supplemental to’’ (j) CONTROLLING PROVISIONS.—In any in- Mr. HOLT. Mr. Chairman, H.R. 4089 Wilderness purposes in section 4(a) of Public stance when one or more provisions in title deems all Federal land open for hunt- Law 88–577, means that any requirements im- I and in this title may be construed to apply ing and recreational shooting unless a posed by that Act shall be implemented only in an inconsistent manner to National Monu- closure is made by the head of the insofar as they do not prevent Federal public ment land, the provisions in this title shall agency here in Washington. The au- land management officials and State fish take precedence and apply. thors of the legislation intended to ex- and wildlife officials from carrying out their The Acting CHAIR. Pursuant to empt from the bill lands under the ju- wildlife conservation responsibilities or pro- House Resolution 614, the gentleman viding recreational opportunities on the Fed- risdiction of the National Park Serv- from Washington (Mr. HASTINGS) and a eral public lands subject to a wilderness des- ice. I’m sure, I have it on good author- ignation. Member opposed each will control 5 ity from them, from the authors, that (3) Paragraphs (1) and (2) are not intended minutes. this was their intention. However, as The Chair recognizes the gentleman to authorize or facilitate commodity devel- written, the bill only exempts national opment, use, or extraction, or motorized rec- from Washington. Mr. HASTINGS of Washington. parks and national monuments. My reational access or use. amendment is a simple, technical cor- Page 11, strike line 4 and all that follows Madam Chairman, I yield myself as through line 6, and insert the following: much time as I may consume. rection that ensures all units of the (f) REPORT.—Not later than October 1 of Madam Chairman, this manager’s National Park Service are included in every other year, beginning with the second amendment is a noncontroversial the exemption. October 1 after the date of the enactment of amendment to H.R. 4089 that makes The exemption language in title I is, this Act, the head of each Federal agency I believe, unintentionally broad and who has several technical, clarifying, and har- monizing changes to the bill. It adds to not clear. The National Park System Page 11, line 9, strike ‘‘publish in the Fed- includes units that have a variety of eral Register and’’. the bill amendments that were adopted Page 11, lines 14 through 18, redesignate by the Natural Resources Committee designations—national seashores, na- subparagraphs (A) and (B) as paragraphs (1) when it considered several of the indi- tional scenic trails, national battle and (2), respectively (and conform the mar- vidual bills that are now separate titles fields, among others. The National gins accordingly). of the Sportsmen’s Heritage Act. Park System has units in urban areas, Page 11, strike line 19 and all that follows In addition, although I believe the in rural areas, in suburban commu- through page 12, line 23, and insert the fol- original bill never allowed extractive nities, in the East, in the West, in the lowing (and redesignate the subsequent sub- commercial activity or motorized trav- center of our country. sections accordingly): And without this amendment, H.R. (g) CLOSURES OR SIGNIFICANT RESTRICTIONS el in wilderness areas, this amendment 4089 could potentially open for hunting OF 640 OR MORE ACRES.— adds language that will say so explic- (1) IN GENERAL.—Other than closures estab- itly. the Paterson, New Jersey, Great Falls lished or prescribed by land planning actions Finally, the amendment reduces the National Historic Park in the heart of referred to in subsection (d) or emergency administrative tasks faced by the agen- Paterson, the third-largest city in my closures described in paragraph (3) of this cies with regard to the format and fre- State. The bill could, as written, poten- subsection, a permanent or temporary with- quency of public notice and congres- tially allow hunting within Antietam drawal, change of classification, or change of sional reporting requirements. or Manassas National Battlefields. management status of Federal public land I ask for your support for this All units of the National Park Sys- that effectively closes or significantly re- tem, like our national battlefields and stricts 640 or more contiguous acres of Fed- amendment, and with that, I reserve eral public land to access or use for fishing the balance of my time. military parks, are sacred ground and or hunting or activities related to fishing Mr. GRIJALVA. Mr. Chairman, we do should be reserved for solemn con- and hunting (or both) shall take effect only not object to this dab of lipstick on templation of the sacrifices of our an- if, before the date of withdrawal or change, H.R. 4089. cestors. My amendment would ensure

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.010 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1883 that the policies of the National Park than a million visitors to various na- Mr. Chairman, I yield back the bal- Service involving firearms in areas tional parks around the country last ance of my time. controlled by the National Park Serv- year. Mr. HASTINGS of Washington. Mr. ice stay in place. At Fort Vancouver National Park in Chairman, how much time do I have re- Now, some have suggested that the Oregon and Washington, for example, maining? historic battle reenactments constitute both rangers and volunteers regularly The Acting CHAIR. The gentleman recreational shooting, and this, my fire muskets and cannons to dem- has 21⁄2 minutes remaining. amendment, would, they say, prevent onstrate the historic role these weap- Mr. HASTINGS of Washington. I reenacting on battlefields. Maybe my ons played in the history of the site. yield myself the balance of the time. good friend from Utah doesn’t know One of the most popular public par- I beg to differ. I understand where the National Park Service policy. ticipation events in many parks in- my good friend from New Jersey is It’s important to note that current volves the reenactment of historic bat- coming from. I’m sure that’s what his National Park Service policy, right tles. Thousands of reenactors partici- intent is, but that’s not what his now, prohibits ‘‘battle reenactments pate. They use their own historically amendment says. His amendment says and demonstrations of battle tactics accurate weapons and costumes to re- that that activity has to be provided that involve exchanges of fire between create, on location, the great battles by statute at each facility, and that’s opposing lines or any other form of that took place at our Civil War sites. simply not the case. We haven’t done simulated warfare.’’ I’m not aware of For many of those who participate or that. We blanket authority give that to any problems that this sensible policy come to watch, these educational pas- the National Park System to carry on has caused. sions are the favorite of the national what is classified as pastimes, that sort It’s important to note that there are park events. of activity. He prohibits that unless National Park System units like Lake It was on this week, 237 years ago, it’s provided by statute. He did not Roosevelt National Recreation Area in that General Thomas Gage, the Royal offer an amendment to say we should Washington State, I say to my friend, Governor in Boston, sent his troops to statutize every one of those at every the chairman, or Craters of the Moon confiscate the patriot weapons at Lex- one of the sites. That’s the flaw in the National Preserve in Idaho that allow ington and Concord. And at the Min- amendment. It was brought up in Rules hunting and recreational shooting. My uteman National Historic Park today, yesterday, and yet the amendment amendment would not affect those a living history event is conducted in wasn’t corrected and so here we are. policies. The hunting and recreational which volunteers are permitted to Now, I understand what he’s trying shooting could continue in those bring reproductions of the flintlock to do, but the amendment does not say places. muskets, pistols, and percussion cap that. So I urge defeat of the amend- I just want to emphasize, this is a weapons their ancestors used during ment, and I yield back the balance of technical amendment. I’m not getting the first battle for our independence. my time. at the merits for or against the bill At a time when the National Park The Acting CHAIR. The question is overall. But should this bill proceed, it Service is running a multibillion dollar on the amendment offered by the gen- OLT). would be a big mistake to say that the maintenance backlog, the Holt amend- tleman from New Jersey (Mr. H The question was taken; and the Act- hunting, the recreational shooting ment will disarm it of its real draw. So ing Chair announced that the noes ap- could take place in Gettysburg and I urge my colleagues to oppose the peared to have it. Chincoteague and any number of other amendment and to allow the Park Mr. HOLT. Mr. Chairman, I demand a places that aren’t intended. Service to continue the tradition of recorded vote. Let’s ensure that, in the hurry to educating visitors about our proud The Acting CHAIR. Pursuant to open all Federal lands to hunting and American history. clause 6 of rule XVIII, further pro- recreational shooting, we don’t care- I reserve the balance of my time. ceedings on the amendment offered by lessly open up to gunfire consecrated Mr. HOLT. Mr. Chairman, may I ask the gentleman from New Jersey will be grounds like the Civil War battlefields, the remaining time? postponed. like the parks and beaches and forests The Acting CHAIR. The gentleman AMENDMENT NO. 3 OFFERED BY MR. GRIJALVA of our national recreation areas. has 1 minute remaining. The Acting CHAIR. It is now in order I urge my colleagues to support this Mr. HOLT. My amendment simply to consider amendment No. 3 printed in technical correction to the bill, and I ensures that nothing in this act would House Report 112–444. reserve the balance of my time. force hunting in the National Park Mr. GRIJALVA. Mr. Chairman, I Mr. HASTINGS of Washington. Mr. Service. I really don’t understand what have an amendment at the desk. Chairman, I rise in opposition to the the chairman is talking about here, be- The Acting CHAIR. The Clerk will amendment. cause where it is allowed, it would be designate the amendment. The Acting CHAIR. The gentleman is allowed. Where it’s not allowed, it The text of the amendment is as fol- recognized for 5 minutes. would not be allowed. It is policy of the lows: Mr. HASTINGS of Washington. I National Park Service not to allow re- Page 14, after line 2, insert the following: yield myself as much time as I may enactment of battles. SEC. 105. APPLICABILITY CONDITION. consume. b 1610 This title shall be in effect and apply only Mr. Chairman, the Holt amendment when less than 75 percent of Federal public uses a blunderbuss and not a rifle to The battle reenactments and dem- land is available for hunting, fishing, or address the complex issue of the pro- onstrations of battle tactics that in- recreation shooting, as determined by the grams in national parks that involve volve exchanges of fire between oppos- Secretary of the Interior. shooting. This issue goes beyond sport ing lines, the taking of casualties, Page 18, after line 18, insert the following: hand-to-hand combat, et cetera, are SEC. 204. APPLICABILITY CONDITION. or subsistence hunting, which are cur- This title shall be in effect and apply only rently allowed in some park units. prohibited in all parks. Park Service when less than 75 percent of Federal public In addition to national parks that employees can conduct demonstrations land (as defined section 103) is available for allow traditional forms of hunting, the as part of their living history program. hunting, fishing, or recreation shooting, as National Park Service has a historic That’s done now. It would be continued determined by the Secretary of the Interior. weapons program that would be si- under this. The Acting CHAIR. Pursuant to lenced, contrary to what my good What this says is, under this legisla- House Resolution 614, the gentleman friend and the author of this amend- tion, were it to become law, a person from Arizona (Mr. GRIJALVA) and a ment, Mr. HOLT, says. who wants to hunt in Gettysburg Park Member opposed each will control 5 In 2011, more than 600 national parks can’t do that unless the National Park minutes. participated in some form of historic Service policy allows it. That’s all this The Chair recognizes the gentleman weapons demonstrations. From can- says. It extends it to all facilities of from Arizona. nons to flintlocks, the Park Service the National Park Service, not just Mr. GRIJALVA. Mr. Chairman, the says this program is ‘‘undeniably pop- what was specified in the bill parks and purpose of my amendment is to empha- ular with visitors’’ and drew just less monuments. size the point that nearly 85 percent of

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.071 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1884 CONGRESSIONAL RECORD — HOUSE April 17, 2012 all public lands are already open for That’s why this bill is necessary, to ties; Forest Service, 193 million acres, hunting, fishing, and recreational prevent such an arbitrary action by bu- 95 percent open to those activities, shooting. Whether we are talking reaucrats to limit recreational shoot- ‘‘those activities’’ being hunting, fish- about Fish and Wildlife Service, Bu- ing, fishing, and hunting without jus- ing, and recreational shooting. reau of Land Management—including tification. If we want to protect access and pro- national monuments—National Park The amendment by the ranking tect the opportunities for hunters and Service lands, or Forest Service lands, member of the Subcommittee on Na- fishermen in our public lands, I would in each and every case the majority are tional Parks, Forests and Public Lands urge the approval of the amendment. open for hunting, fishing, and rec- is even more arbitrary. While the Mr. Chairman, I yield back the bal- reational shooting. amendment is drafted to appear rea- ance of my time. My amendment would only trigger sonable, it is most certainly not. The Mr. HASTINGS of Washington. Mr. the provisions in title I and II of this devil is in the clever details. It appears Chairman, how much time do I have re- legislation if less than 75 percent of to permit fishing, hunting, and rec- maining? The Acting CHAIR. The gentleman Federal public lands are open for hunt- reational shooting, but in reality the has 21⁄2 minutes remaining. ing, fishing, and recreational shooting. amendment nullifies the actual pur- Mr. HASTINGS of Washington. I I can’t think of any other use that oc- pose of the underlying bill to protect yield myself the balance of my time. curs on 75 percent of our public lands. these activities. Mr. Chairman, my good friend from I understand that some individuals First, one needs to understand that Arizona said that suggesting in my ar- are upset about some specific court de- you could fit a lot of eastern States in gument that there could be a change in cision or specific local closures, but we a small fraction of our land that is direction after the November elec- need to keep things in perspective. BLM land. BLM controls 253 million tion—and I’ll paraphrase. He said Right now, more than 4 out of 5 acres acres of land, more than one-eighth all that’s preposterous. It may be. But I are open for hunting, fishing, and rec- the land in the United States. would just remind my colleagues that reational shooting. Given that, do we Second, the term ‘‘public land’’ used in a situation here several weeks back really need Federal employees in D.C. in this amendment has an expansive when it was not supposed to be re- making decisions about which lands to meeting. Legally, public land means corded, our President was talking to close or, worse yet, have Congress more than national forest and BLM the President of Russia. make that decision? land. It also includes the Outer Conti- b 1620 My State and my district are both nental Shelf. So, under this amend- blessed with Federal lands. Debates ment, as long as fishing is allowed in This was recorded on an open mike occur all the time about shooting any part of the ocean, no actual land when he was talking to the President, ranges, and they have been very fierce, need to be open to hunting; in other and again I’ll paraphrase. He said, as I mentioned earlier. Local land man- words, the 20 percent requirement After the election, I’ll have more flexi- agers have worked with local groups could be satisfied in the Outer Conti- bility on missile defense. and communities to come up with solu- nental Shelf. Now, on that issue, keep in mind, he tions, including providing access on Who hunts in the Outer Continental had already given up the missile de- fense in Eastern Europe. Why would he other Federal lands. Unless we see sig- Shelf, Mr. Chairman? want to have more flexibility for the nificant closures across the landscape, Again, the bill we are considering defense of our country? The issue there I think we should allow local managers today is about public land open to is flexibility. And the issue is, if the to make local decisions based on local American people for outdoor recre- President is going to use flexibility in input. ation. That is a good goal. This amend- that context, couldn’t you apply the The problem this bill claims to solve ment tries to hijack the bill by sending same flexibility to something that he does not exist, but this amendment it 180 degrees from the intent of the un- has already done this year that has would allow the provisions of the bill derlying legislation. So I urge my colleagues to oppose been reversed? to kick in if this problem ever actually So I don’t think it is preposterous. this amendment, and I reserve the bal- developed. The flexibility issue, I believe, is going ance of my time. I would urge support of my amend- to be an issue that is going to be talked ment, and I reserve the balance of my Mr. GRIJALVA. Mr. Chairman, the argument that nothing to do with about a lot between now and Novem- time. ber, and it could apply to a great deal Mr. HASTINGS of Washington. Mr. hunting and shooting has happened yet of policies that we could be considering but there may be a secret plan to do so Chairman, I rise in opposition to the in this House. This is one of them be- after the election, that’s as prepos- amendment. cause the administration has already The Acting CHAIR. The gentleman is terous as it is ridiculous. The problem said that these activities should make recognized for 5 minutes. does not exist, and this bill would do BLM lands off limits to target shoot- Mr. HASTINGS of Washington. I real harm. ing. I don’t know why that same prin- yield myself such time as I may con- The example that my good friend, the ciple could not be applied if the Presi- sume. chairman, used about urban encroach- dent has more flexibility after the elec- Mr. Chairman, last year, the Bureau ment and development speaks to the tion. of Land Management decided that it point that we have been trying to So I urge the defeat of the amend- would close a lot of the land it man- make in this legislation, that the ment, and I yield back the balance of ages to shooting sports. The agency greatest threat to hunting and fishing my time. never explained why it wanted to do and recreational shooting is exactly The Acting CHAIR. The question is this, but one BLM official was quoted that—development, privatization, and on the amendment offered by the gen- in a news article as stating, ‘‘It’s not a unregulated extraction—as we were tleman from Arizona (Mr. GRIJALVA). safety issue; it’s a social conflict talking about around the Grand Can- The question was taken; and the Act- issue.’’ He elaborated by saying that yon and uranium mining. Those ing Chair announced that the noes ap- urbanites ‘‘freak out’’ when they hear threats to our public lands are the peared to have it. shooting. threats and the trends and the public Mr. GRIJALVA. Mr. Chairman, I de- Now, after a public outcry on this, policy that is being promoted by the mand a recorded vote. the Interior Secretary had to send out majority that will limit and deny ac- The Acting CHAIR. Pursuant to an order telling BLM to stand down on cess to public lands to hunters, fisher- clause 6 of rule XVIII, further pro- this regulation, but the question is men, and recreational shooters. ceedings on the amendment offered by really: For how long? Right now, as we stand, BLM, 245 the gentleman from Arizona will be There is nothing that prevents the million acres, 95 percent open to those postponed. Obama administration from changing activities; Park Service, 84 million AMENDMENT NO. 4 OFFERED BY MR. PETERS its mind—say, immediately after the acres, 70 percent open to those activi- The Acting CHAIR. It is now in order November election—and again seeking ties; fish and Wildlife, 150 million to consider amendment No. 4 printed in to arbitrarily limit shooting sports. acres, 50 percent open to those activi- House Report 112–444.

VerDate Mar 15 2010 05:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.074 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1885 Mr. PETERS. I have an amendment cluded two wounded veterans. They It’s really amazing to me. He doesn’t at the desk. were in Iraq, in that heated area, and know squat about the population of The Acting CHAIR. The Clerk will the one dream they had when they got polar bears. Then to imply that these designate the amendment. back was to be able to go and hunt a are rich people who are going to hunt, The text of the amendment is as fol- polar bear. I can understand that. They now isn’t that class warfare? It’s ex- lows: shot their trophies legally and with the actly a Democrat position, the idea Strike title III. blessing of the Canadian Government that now this is wrong when they did it The Acting CHAIR. Pursuant to and the local province, and then they legally. These bears weren’t all killed House Resolution 614, the gentleman expected to be able to return those in 2008, and they weren’t all warned in from Michigan (Mr. PETERS) and a bears, those hides—and yes, even some- 2008. I want to see the documentation Member opposed each will control 5 times the bodies—back home for the of that. You know there’s no docu- minutes. proper display of their hunts. To say mentation. That’s the same propa- The Chair recognizes the gentleman now you can’t import something when ganda you get out of the same groups from Michigan. a bear was declared threatened by, yes, of people that are anti-gun and anti- Mr. PETERS. I yield myself such the Bush administration—and wrong- hunting. time as I may consume. fully so—the bears are not threatened. Yes, step up to the plate. That’s what I rise today to support my amend- There are more bears now than there you are. I know that. Yet to take that ment, which strikes a bailout that was were in 1964. I’m probably the only in- right away from an American citizen, slipped into this bill for 41 wealthy dividual on this floor who had ever especially from a wounded veteran— sport hunters who want to import polar shot a polar bear in ’64, and I’m cer- two of them—is wrong. It is wrong bear trophies taken during hunts in tainly not rich. when this is legally taking species ar- Canada. I am suggesting that this amendment bitrarily by a Secretary of the Interior Polar bears were listed as threatened is ill-placed, poorly thought out, and who is saying now they’re threatened. in May of 2008 by the Bush administra- improper. I want those people who did By the way, the administration does tion’s Fish and Wildlife Service, which things legally by the nation of our not oppose this bill. That’s amazing. prohibited their importation as tro- neighbors and blessed by the province The Fish and Wildlife Service actually phies. This protection was not imple- to be able to bring those trophies back supports this bill now because we made mented overnight. Trophy hunters home, as they have the right to do. Yet some changes that they wanted, and we were warned. They were warned by the act of a Secretary of the Interior gave them, specifically recognizing Federal agencies and hunting associa- took that away from them arbitrarily. that it does not encourage hunting. tions for more than a year that the I reserve the balance of my time. I reserve the balance of my time. final listing would cut off imports im- Mr. PETERS. I yield 2 minutes to the Mr. PETERS. I yield 2 minutes to the mediately. The Hunting Report told its gentleman from California (Mr. BER- gentleman from Virginia (Mr. MORAN). readers in 2007: MAN). Mr. MORAN. Notwithstanding the The bottom line is, no American hun- Mr. BERMAN. I rise in strong sup- statement of my very good friend from ter should be putting hard, non-return- port of the Peters amendment. Without Alaska, I rise in support of Mr. able money down on a polar bear hunt this amendment, the bill will under- PETERS’s amendment. It would remove at this point. mine the protections currently in place a provision that would allow for the These individuals knowingly assumed for wild species under the Endangered importation of polar bears killed in the risk that their trophies might not Species Act and under the Marine Canada, but the provision only benefits be approved for importation, and they Mammal Protection Act. 41 big game hunters who shot bears in decided to hunt and to kill these beau- In this case, the hunters who chose to Canada prior to their listing as a spe- tiful, threatened creatures anyway. kill these polar bears knew they were cies threatened with extinction. While it is too late to save these taking a risk. They had good informa- b 1630 bears, passing this bill creates a per- tion that polar bears would be listed as verse incentive for trophy hunters to an endangered, threatened species These hunters were on notice that rush to hunt any species soon to be under the Endangered Species Act, and the trophies would likely not be al- protected under the Endangered Spe- they acted contrary to it. They were lowed into the United States, but cies Act because their friends in Con- repeatedly warned by Federal agencies rushed to hunt the bears anyway. Now gress will simply bail them out after and hunting associations that the final they’re asking for Congress to bail the fact. We cannot allow that, and listing would cut off imports imme- them out by creating an exemption in that’s why I encourage my colleagues diately, and they had well over a year’s the law so they can bring their tro- to support this amendment. notice. Despite this knowledge, hunters phies into the country. I reserve the balance of my time. still chose to shoot and kill polar bears It’s not about the number of polar Mr. YOUNG of Alaska. I rise in oppo- at a time when the species faced severe bears. It is about the underlying prin- sition to the amendment. hardship and when legal protections ciple that decisions related to the pro- The Acting CHAIR. The gentleman is were imminent. tection of threatened and endangered recognized for 5 minutes. We should not encourage a small animals should be based upon science Mr. YOUNG of Alaska. Mr. Chair- group of people to take conscious risks and subject to consistent enforcement, man, I strongly oppose this amend- and then turn around and ask Congress not dependent upon the whims of Con- ment. for relief. If we pass this bill without gress. Polar bears are already threat- I am deeply surprised the gentleman the Peters amendment, we are, in ef- ened, and the last thing they need is from Michigan would, in fact, propose fect, telling hunters that, when species more trophy hunters chasing them the amendment. He has one of these are likely candidates for the endan- down and shooting them. But that’s ex- bears from his State, and a lot of hunt- gered or threatened lists, kill them as actly what will happen if this Congress ers are not wealthy. This is a legal ac- soon as you can, and then Congress will demonstrates that it is fully willing to tivity in Canada. They hunted these give you special treatment and exempt retroactively change the law in this bears prior to 2008 and even prior to you from the law. manner to accommodate the wishes of 2007. These are dead bears, and they are I urge my colleagues to vote ‘‘yes’’ a very small minority. It’s only 41 big- sitting in Canada. When the hunters on the Peters amendment. Don’t de- game hunters but we’re changing the hunted legally, the Canadian Govern- stroy the long-term conservation ef- law on their account? ment gave them the proper authority forts for the special interests of a few The U.S. Fish and Wildlife Service to do so, and it helped the native vil- trophy hunters who are hoping for and a Federal court have rejected pre- lages. Right now, there are more bears home decor and bragging rights. I will vious requests to import trophies after in Canada than there ever has been in strongly oppose the underlying bill. 2008. That should be the final word on history. Mr. YOUNG of Alaska. I am surprised the subject. Hunting is a vital process of the man- by my good friend from California. He I encourage my colleagues to vote agement of game, and these people in- has a lot of polar bears in California. ‘‘yes’’ on the Peters amendment.

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.076 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1886 CONGRESSIONAL RECORD — HOUSE April 17, 2012 The Acting CHAIR. The time of the of Agriculture may not restrict the use of the Safari Club all support my amend- gentleman from Michigan has expired. dogs in deer hunting activities in Kisatchie ment; and I urge support of this National Forest, unless such restrictions— The gentleman from Alaska has 11⁄2 amendment. minutes remaining. (1) apply to the smallest practicable por- Mr. HASTINGS of Washington. Will tions of such unit; and Mr. YOUNG of Alaska. The gen- the gentleman yield? (2) are necessary to reduce or control tres- Mr. FLEMING. I yield to the gen- tleman from Virginia has lots of polar pass onto land adjacent to such unit. bears in Virginia. I know it’s spring- (b) PRIOR RESTRICTIONS VOID.—Any restric- tleman from Washington. time, but I don’t think there’s many tions regarding the use of dogs in deer hunt- Mr. HASTINGS of Washington. I polar bears in Virginia. ing activities in Kisatchie National Forest in thank the gentleman for yielding and It’s strange that all three of them force on the date of the enactment of this for his talk and discussion about the have said endangered species. This has Act shall be void and have no force or effect. long history and strong local support nothing to do with endangered species. The Acting CHAIR. Pursuant to for this traditional form of hunting in This is about marine mammals. Endan- House Resolution 614, the gentleman his State. The primary purpose of this legisla- gered species, in fact, are still im- from Louisiana (Mr. FLEMING) and a tion is to limit unjustified Federal bu- ported to the United States. Hart- Member opposed each will control 5 reaucratic limitations and restrictions mann’s mountain zebras, yes; the Afri- minutes. The Chair recognizes the gentleman on hunting and fishing in public lands. can elephants, yes. We can still import The circumstances that he has detailed those. This has to do with marine from Louisiana. Mr. FLEMING. Mr. Chairman, I yield demonstrate that his amendment fits mammals. myself such time as I may consume. squarely within the spirit of this bill, I really can’t understand because the My amendment today maintains the and I therefore support the amend- government warns you—it’s not State of Louisiana’s ability to regulate ment. against the law, but they warn you and hunting within its borders. In a deci- It is important to recognize that it is you better follow it because we’re sion announced March 1, 2012, the For- the authority of States to regulate warning you. That’s not law. These est Service Regional Forester located hunting and fishing. Individual Federal people may have been notified there’s a way over in Atlanta, Georgia, went agency personnel should not be sub- possibility, but they hunted under ex- over the heads of the Louisiana Wild- stituting their opinion for the laws of isting law, under existing permits and life and Fisheries Commission to for- the State. paid for. To take that away from ever prohibit the use of dogs to hunt Mr. Chairman, I commend the gen- them—I don’t care if it’s one person or deer in Kisatchie National Forest. tleman and I urge adoption of the 500 people or 41 people. When the law is Deer hunting has a long and impor- amendment. followed and we don’t follow through tant cultural history within the State Mr. FLEMING. Mr. Chair, I reserve with it, then shame on us. These people of Louisiana. When French settlers the balance of my time. did what was right, and legally. Now first came to Louisiana in the 18th cen- Mr. GRIJALVA. Mr. Chairman, I rise you’re trying to take that right away tury, Louisiana was covered by thick- in opposition to the Fleming amend- from them. ets and dense timber. Most of these set- ment. The Acting CHAIR. The gentleman I urge a strong resounding ‘‘no’’ on tlers had companion dogs with them, from Arizona is recognized for 5 min- this amendment and vote for the peo- but the most treasured were the ple of America to have a right under utes. deerhounds. The use of dogs would help Mr. GRIJALVA. Thank you, Mr. the Constitution as long as they follow the hunter drive the deer out of the the law to do something that’s correct Chairman. forest because deer were so plentiful There are a few points that I really and they’ve done that. They did every- and provided exciting races that pro- believe need to be made. The decision thing by the law and to say now to vided sound nourishment. to eliminate dog deer hunting in this have an amendment and say you don’t Hunting in many forms has been for forest was made only after more than have a right when they followed it cor- decades, and continues to be, a compat- half a dozen public meetings, a com- rectly is shame on you. ible activity on the 600,000-acre ment period that resulted in a 1,000 The Acting CHAIR. The gentleman’s Kisatchie National Forest. Oddly comments which were thoroughly re- time has expired. enough, the Regional Forester does not viewed. In fact, the policy has been The question is on the amendment prohibit the use of dogs for hunting amended in response to those specific offered by the gentleman from Michi- raccoon, squirrel, rabbit, and game local concerns. gan (Mr. PETERS). birds. The justification for this policy is The question was taken; and the Act- In 2011, the Kisatchie dog deer season not only to prevent trespassing, though ing Chair announced that the noes ap- was only 9 days and only applies to cer- this is one reason it is necessary. The peared to have it. tain ranger districts. According to forest has a checkerboard pattern of Mr. PETERS. Mr. Chairman, I de- communication with the Forest Serv- non-Federal lands mixed in with Fed- mand a recorded vote. ice, seven southern States allow hunt- eral lands. Dog deer hunting results in The Acting CHAIR. Pursuant to ing on national forests within their deer running over long distances and clause 6 of rule XVIII, further pro- borders. They include Alabama, Arkan- hunters pursuing them and at times ceedings on the amendment offered by sas, Florida, Mississippi, North Caro- discharging firearms on the run. In an the gentleman from Michigan will be lina, South Carolina; but in this case, area with private homes, the Forest postponed. not Louisiana. However, this is the Service determined that this was sim- AMENDMENT NO. 5 OFFERED BY MR. FLEMING first time the Forest Service has issued ply too dangerous. The Acting CHAIR. It is now in order a ban on dog deer hunting, or hunting The Forest Service has collected to consider amendment No. 5 printed in deer with dogs, within a specific State. input from local residents and not House Report 112–444. According to the Forest Service hunters who fear for their safety dur- Mr. FLEMING. Mr. Chairman, I have itself, they indicate that revenue gen- ing dog deer hunting season. To be an amendment that has been made in erated on dog deer hunting, including clear, while the decision was ulti- order. expenses to care for dogs, contributes mately approved by the region in At- The Acting CHAIR. The Clerk will to approximately 18 to 29 direct jobs lanta, the policy was developed by the designate the amendment. and results in roughly $890,000 to $1.4 local Forest Service staff who work on The text of the amendment is as fol- million of income. By their own assess- the forest. lows: ment, it is likely that some economic Lastly, this amendment is redundant At the end of the bill, insert the following: benefits will be lost depending on and wasteful because a rule already in TITLE V—HUNTING IN KISATCHIE whether hunting with dogs for deer place meets the requirements of the NATIONAL FOREST leave the area to pursue the sport else- proposed amendment. The current rule SEC. 501. HUNTING IN KISATCHIE NATIONAL FOR- where. Now this is about to kill even already covers the smallest portion of EST. more jobs in Louisiana. forest possible because with the check- (a) IN GENERAL.—Consistent with the Act I would also like to emphasize that erboard lands the rule must cover the of June 4, 1897 (16 U.S.C. 551), the Secretary the State of Louisiana, the NRA, and entire forest to be effective.

VerDate Mar 15 2010 05:17 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.078 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1887 While public safety is the primary I yield back the balance of my time. The National Marine Fisheries Serv- justification for this rule, preventing The Acting CHAIR. The question is ice recognized this unique area by des- trespass is another reason for the rule on the amendment offered by the gen- ignating it as a transit area where it and why it was put in place. tleman from Louisiana (Mr. FLEMING). was permissible for fishermen to pos- The amendment was agreed to. b 1640 sess striped bass on their boats as long AMENDMENT NO. 6 OFFERED BY MR. BISHOP OF as no fishing takes place while in the The Fleming amendment would NEW YORK EEZ and the boat is in continuous throw out the current rule and then re- The Acting CHAIR. It is now in order transit. quire a new rule that meets the exact to consider amendment No. 6 printed in My amendment goes one step further same requirements. This is redundant, House Report 112–444. and opens this relatively small area to a waste of time and money. Mr. BISHOP of New York. Mr. Chair- recreational fishing. Mindful of the Finally, according to the Forest man, I have an amendment at the desk. need for reasonable conservation, my Service, the State of Louisiana already The Acting CHAIR. The Clerk will amendment also provides the ability to prohibits dog deer hunting on State designate the amendment. take necessary action for conservation lands, so this is simply consistent with The text of the amendment is as fol- purposes. State policy. This amendment should lows: Fishermen and charter captains on be defeated. At the end of the bill, add the following Long Island know these waters better I reserve the balance of my time. new title: than anybody in Washington, D.C. Our The Acting CHAIR. The gentleman TITLE V—RECREATIONAL FISHING FOR friends on the other side of the aisle from Louisiana has 13⁄4 minutes re- ATLANTIC STRIPED BASS IN THE BLOCK talk about government regulation sti- maining. ISLAND SOUND TRANSIT ZONE fling the economic recovery. After all, Mr. FLEMING. Thank you, Mr. SEC. 501. RECREATIONAL FISHING FOR ATLAN- fishermen are job creators, both di- Chairman. TIC STRIPED BASS IN THE BLOCK IS- LAND SOUND TRANSIT ZONE. rectly and indirectly. They hire crews, I would like to respond to some of (a) IN GENERAL.—Except as provided in they have their boats maintained by the statements that were made. subsection (a), the Secretary shall not pro- mechanics, and they sell their catch to I received a petition of thousands of hibit fishing for Atlantic Striped Bass in the restaurants where Americans go out to hunters from Louisiana and several Block Island Sound transit zone. eat. States who wanted this to continue. (b) EXCEPTION.—This subsection does not I support fisheries management that limit the authority of the Secretary to es- The State, not the Federal Govern- is designed to promote robust health of ment, is in the best position to make tablish seasonal or other temporary limita- tions on fishing that are specifically nec- fish stocks; but as the representative this determination. By October 6, 2009, essary for the conservation and management for the oldest fishing ports in New the Forest Service had received 1,237 of Atlantic striped bass. York State, I also support sensible ef- responses to its 2009 request for com- (c) BLOCK ISLAND SOUND TRANSIT ZONE DE- forts to ensure our fishermen can fish ments. Of these, 320 agreed with the FINED.—In this subsection the term ‘‘Block and earn their livelihood. proposed prohibition, but 917 were Island Sound transit zone’’ means the area of Opening this area would once again against it. That’s a 77 percent majority the exclusive economic zone within Block Is- give recreational fishermen access to land Sound, north of a line connecting of these respondents who were actually fruitful striped bass fishing grounds. from central Louisiana where this Montauk Light, Montauk Point, New York, and Block Island Southeast Light, Block Is- Charter boats will benefit, as will the Kisatchie National Forest exists. Dur- land, Rhode Island; and west of a line con- ports they depart from as people come ing October 2011, the Forest Service re- necting Point Judith Light, Point Judith, to the east end of Long Island for great ceived over 1,300 more comments on Rhode Island, and Block Island Southeast fishing. This will promote job growth the original proposal and environ- Light, Block Island, Rhode Island. and tourism, which is the goal of the mental analysis. All but five letters— The Acting CHAIR. Pursuant to underlying legislation. all but five letters, Mr. Chairman— House Resolution 614, the gentleman Mr. Chairman, I urge my colleagues were opposed to the proposed prohibi- from New York (Mr. BISHOP) and a to support this amendment. tion. Member opposed each will control 5 Mr. HASTINGS of Washington. Will I reserve the balance of my time. minutes. the gentleman yield? Mr. GRIJALVA. Mr. Chairman, with The Chair recognizes the gentleman Mr. BISHOP of New York. I yield to that, I will close. The contradiction is from New York. the gentleman. very important. Mr. BISHOP of New York. Mr. Chair- Mr. HASTINGS of Washington. I The majority talks about local con- man, I yield myself such time as I may thank the gentleman for yielding. trol, local control. In this instance, consume. The Atlantic Striped Bass Conserva- you have the State of Louisiana that The purpose of my amendment is tion Act’s authorization of appropria- has prevented this, that has prohibited straightforward. It opens an area off tions expired at the end of fiscal year this type of hunting on its lands, and the coast of my congressional district 2011. Our Fisheries Subcommittee in- that is a local decision to be honored, to recreational striped bass fishing. tends to hold hearings on the reauthor- but it is okay to honor that decision, Striped bass is a popular game fish in ization in this Congress. I think this but on Federal lands we want to make New York, and it has long been an im- would be the appropriate time and an exception and set a precedent. portant catch for recreational fisher- place to have the discussion which is I would suggest that the contradic- men. the subject of your amendment. tion in this amendment merits its de- The formation of an exclusive eco- I understand the gentleman’s con- feat. nomic zone creates a small area of Fed- cern. Believe me, we have heard other I yield back the balance of my time. eral water in the Block Island Sound concerns on the Atlantic striped bass. The Acting CHAIR. The gentleman between Montauk Point, Block Island, If the gentleman would withdraw his from Louisiana has 45 seconds remain- and Point Judith, Rhode Island. In amendment, I can assure him that he ing. most cases, when you hit the 3-mile will get a full hearing on the content of Mr. FLEMING. I just want to re- point off the coast of the United his amendment in our committee this spond, again, the people of Louisiana, States, you have nothing but Federal year. the State of Louisiana has full support waters in front of you. This is not al- Mr. BISHOP of New York. I very of doing away with this prohibition. ways the case for New York fishermen. much appreciate that offer, Mr. Chair- This was a decision made by somebody Because of this geographic anomaly, man. Based on your assurance that this in Atlanta, a Federal person, that has when the ban on striped bass fishing in issue will receive a full hearing in your to do with what is really a local issue. the EEZ went into effect, it closed off committee or in the appropriate sub- This is a tradition that goes back 300 60 percent of New York’s traditional committee, I will ask unanimous con- years, and I think it’s pretty obvious striped bass recreation areas from fish- sent to withdraw my amendment. that the people of Louisiana support ing, according to the Montauk Boat- Mr. HASTINGS of Washington. If the the continuance of hunting deer with men and Captains Association in my gentleman will yield, I thank you very dogs. district. much, and we will work together on

VerDate Mar 15 2010 05:17 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.080 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1888 CONGRESSIONAL RECORD — HOUSE April 17, 2012 this. This is a larger issue, and I cer- that land managers can use motorized duced and a subcommittee hearing is tainly understand the gentleman’s con- vehicles, chainsaws, even helicopters in held, the sponsor testifies that his or cerns. extreme emergencies, to fight fires, her bill will not reduce hunting be- Mr. BISHOP of New York. I appre- rescue stranded hikers, or remove cause hunting is clearly permitted in ciate that. downed trees from trails that threaten wilderness areas. And they are right. The Acting CHAIR. Without objec- human safety. Nevertheless, when an anti-hunting tion, the amendment is withdrawn. This bill would extend that kind of group went to court recently to block There was no objection. exemption to any action that would hunting in the wilderness section of a AMENDMENT NO. 7 OFFERED BY MR. HEINRICH ‘‘provide an opportunity for hunting, national forest in Michigan, the Forest The Acting CHAIR. It is now in order fishing, and recreational shooting.’’ Service had to waste a great deal of to consider amendment No. 7 printed in This means that activities otherwise time and money justifying the hunting House Report 112–444. not allowed in a wilderness area, like permitted there. Mr. HEINRICH. Mr. Chairman, I have motor vehicle use, would now have to Similarly, anti-hunting groups have an amendment at the desk. be permitted if it could be used to fa- sought to use the National Environ- The Acting CHAIR. The Clerk will cilitate everyday activities like hunt- mental Policy Act, or NEPA, to entan- designate the amendment. ing, fishing, and recreational shooting. gle the land management agencies in The text of the amendment is as fol- Now, the manager’s amendment in- NEPA’s briar patch when the agencies lows: cludes language intended to address allow hunting activity on public land. At the end of the bill, add the following: these concerns by providing that these Now I’m certain that many would provisions ‘‘are not intended to author- agree that hunting and fishing on pub- TITLE V—ACTIVITIES WITHIN WILDER- ize or facilitate commodity develop- NESS OR LAND MANAGED AS WILDER- lic land is not a new major Federal ac- NESS ment, use, or extraction, or motor rec- tion that requires a full environmental reational access or use.’’ SEC. 501. ACTIVITIES WITHIN WILDERNESS OR impact statement. However, to protect LAND MANAGED AS WILDERNESS. b 1650 sportsmen and to prevent the waste of Nothing in this Act shall be construed to resources that occurs when conserva- Whether or not that’s the bill’s in- allow oil and gas development, mining, log- tion dollars are diverted into defending tention, the language in the bill allows ging, or motorized activity on Federal public against nuisance lawsuits, Dr. for that possibility, and saying that land (as defined in section 103) designated or BENISHEK’s provision gives clear statu- wasn’t the intent doesn’t change what managed as wilderness. tory support to legitimacy of hunting The Acting CHAIR. Pursuant to the language allows. In contrast, my amendment provides on public land. House Resolution 614, the gentleman I believe from the beginning that the that nothing in this bill ‘‘shall be con- from New Mexico (Mr. HEINRICH) and a Benishek bill dealt only with hunting strued to allow’’ these otherwise pro- Member opposed each will control 5 and fishing. It never authorized motor- minutes. hibited activities in wilderness areas. ‘‘Intended’’ versus ‘‘shall’’; there’s a ized travel or extractive industries, The Chair recognizes the gentleman even though some environmental ac- from New Mexico. very powerful legal difference. And sportsmen across the country recognize tivist groups quickly made that accu- Mr. HEINRICH. Mr. Chairman, I sation. But to allay any genuine con- yield myself such time as I may con- this difference and support my amend- ment. In the last few hours, I’ve heard cerns people may have, we worked sume. closely with a wide variety of conserva- As an active sportsman, I am proud from countless supporters in my own State, including the New Mexico Wild- tion groups and decided to include in to introduce this amendment today. the manager’s amendment that was It’s likely that you have heard claims life Federation; the New Mexico chap- ter of Backcountry Hunters and An- passed a provision that explicitly from some of my colleagues across the states that the relevant portions of the aisle that the manager’s amendment glers; Dona Ana County Associated Sportsmen; the High Desert Sports- bill—and I quote from the amend- will resolve the concerns that I have ment—‘‘are not intended to authorize raised today, thus making this amend- men; and the Sportsmen Concerned of Northeast New Mexico, just to name a or facilitate commodity development, ment redundant or duplicative. use, or extraction, or motorized rec- Mr. Chairman, that is simply not the few. And nationally, we’ve heard from groups like the Theodore Roosevelt reational access or use.’’ case. While I appreciate the intent of With that very direct language I can my colleagues to resolve my concerns, Conservation Partnership and TU. As the bill’s sponsors say that they honestly say that virtually every their language is still far too vague and are not trying to create sweeping ex- major conservation group that is not needs additional clarification. As an emptions to the Wilderness Act, I have anti-hunting supports the bill. I don’t avid hunter, I strongly support increas- no doubt that they’ll support my have time to read the whole list, but it ing access to public lands for hunting amendment, as it clearly eliminates does include the NRA, the Safari Club, and fishing, but we can achieve that these loopholes that were unintention- the bipartisan Congressional Sports- goal without eliminating the very wil- ally included. As a back-country hun- men’s Caucus, the U.S. Sportsmen’s Al- derness protections that have pro- ter, I know how valuable wilderness is liance, Ducks Unlimited, the Theodore tected some of the best wildlife habitat to hunters and anglers, and I hope my Roosevelt Conservation Partnership, and, I would add, some of the best colleagues will continue to support and the Association of Fish and Wild- backcountry hunting opportunities in protecting wildlife habitat in wilder- life Agencies. our Nation. I think H.R. 4089, as amended, now ness areas and vote for my amendment. The bill under consideration today Mr. Chairman, I reserve the balance has the support of the entire range of would eliminate long-standing protec- of my time. sportsmen conservation groups, rang- tions against logging, oil and gas drill- Mr. HASTINGS of Washington. Mr. ing from those considered conservative ing, and motor vehicle use in wilder- Chairman, I rise in opposition to the to those that are quite liberal, and do ness areas. It would create a loophole amendment. not believe that the wilderness section in the Wilderness Act for anything that The Acting CHAIR. The gentleman is needs any additional changes as offered would provide ‘‘opportunities for hunt- recognized for 5 minutes. by the gentleman from New Mexico’s ing, fishing, and recreational shoot- Mr. HASTINGS of Washington. I amendment. Again, the concerns ex- ing.’’ yield myself such time as I may con- pressed by the gentleman from New Under the Wilderness Act, land man- sume. Mexico in support of his amendment, in agers are allowed to act in ways that Mr. Chairman, the section of the bill my view, are unfounded. This bill deals are otherwise not allowed in wilderness that applies to hunting and fishing was squarely with hunting and fishing, and areas if the action is necessary for ‘‘the derived from the excellent bill offered does not authorize motorized travel or minimum requirements necessary’’ for by the gentleman from Michigan (Mr. mining or other such activities in wil- the administration of the area. In prac- BENISHEK). derness areas. tice, the minimum requirements nec- I have noticed that whenever a new With that, I reserve the balance of essary language and standard means wilderness designation bill is intro- my time.

VerDate Mar 15 2010 05:17 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.083 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1889 Mr. HEINRICH. Mr. Chairman, at tleman from New Mexico’s amendment, Ms. FOXX. Thank you, Mr. Chair- this time I would like to yield 2 min- he focuses on the word ‘‘shall,’’ which, man. utes to my good friend and colleague of course, is strong language. But he As a supporter of H.R. 4089, I rise and a sportsman from northern New follows it with ‘‘construed.’’ Now that today to offer an amendment which Mexico (Mr. LUJA´ N). raises the question: Construed by would add another positive element to Mr. LUJA´ N. Mr. Chairman, I rise in whom? the underlying bill. As we all know, the support of the Heinrich amendment. I Our language says very specifically Antiquities Act of 1906 authorized the want to thank my friend from New that nothing in here is intended to au- President to designate national monu- Mexico for offering this amendment to thorize or facilitate any use regarding ments on Federal lands that contain ensure protection of our wilderness extraction. We say that is the intent of historical landmark structures or areas. the law, very specifically. When you other objects of scientific interest. Mr. Chairman, I’m from the western use the word ‘‘construed,’’ I dare say, This authority has been used 129 times United States. I’m a supporter of the Mr. Chairman, that you are opening by Presidents of both parties to des- Second Amendment. I’m a hunter and a this wide open to litigation, and maybe ignate such national treasures as the fisherman. My family raised sheep and that is exactly what the gentleman in- Grand Canyon, Grand Teton, and the cattle on allotments in the area where tended. Statute of Liberty. I was raised. Like many other States in By focusing on ‘‘shall,’’ he doesn’t As someone who has enjoyed and ap- the West, we New Mexicans value our focus on the operative word, which is preciated some of the abundance of na- access to public lands for hunting, fish- ‘‘construed,’’ because ‘‘construed’’ can tional and historic treasures through- ing, shooting, and recreational enjoy- be used by anybody outside in order to out this great country, I greatly appre- ment. sue. We say very specifically, even ciate the importance of protecting I want to make sure that everyone though we didn’t think extraction was these great blessings. understands that I’m not opposed to part of this underlying legislation, but Currently, a National Monument des- everything in this bill, but I do have we say very specifically it’s not in- ignation allows for the President to specific concerns with language that tended to reinforce it. That was the impose unilaterally further restric- would create a loophole in the Wilder- reason that provision was in the man- tions on the use of Federal lands. ness Act. This loophole would under- ager’s amendment. b 1700 mine one of the defining laws that pro- So I urge my colleagues to defeat the Since State authorities are more tects public lands and enables us to Heinrich amendment. aware of the local circumstances af- have pristine areas to hunt and fish— With that, I yield back the balance of fecting land restrictions, I’ve offered a critical areas that should be preserved my time. standalone bill, H.R. 302, the Preserve for future generations to enjoy. But The Acting CHAIR. The question is Land Freedom for Americans Act of this bill, as written, walks a dangerous on the amendment offered by the gen- 2011, which is the model for the amend- line. tleman from New Mexico (Mr. HEIN- ment I’m now offering. This amend- I had concerns in the committee RICH). ment provides for accountability to the markup of this bill, and today I reit- The question was taken; and the Act- process by requiring the approval of erate these concerns—specifically, lan- ing Chair announced that the noes ap- the legislatures and Governors of the guage in section 104(e), which opens up peared to have it. States where monuments are proposed for interpretation to allow motorized Mr. HEINRICH. Mr. Chairman, I de- to be located. vehicles in sensitive areas, completely mand a recorded vote. With the Federal Government cur- The Acting CHAIR. Pursuant to undermining the effort to protect these rently owning such a large percentage clause 6 of rule XVIII, further pro- lands. Although the majority has indi- of land throughout the country, par- ceedings on the amendment offered by cated that they have clarified this ticularly in Western States, it’s impor- the gentleman from New Mexico will problem in the manager’s amendment, tant to respect and allow State policy- be postponed. a CRS memorandum issued on April 13, makers to weigh in on proposed Fed- 2012, on section 104(e) of H.R. 4089 has AMENDMENT NO. 8 OFFERED BY MS. FOXX eral land restrictions within their bor- confirmed my concern that section The Acting CHAIR. It is now in order ders. 104(e) ‘‘could lead to motorized use and to consider amendment No. 8 printed in With that, Mr. Chairman, I reserve inappropriate commercial activities in House Report 112–444. the balance of my time. congressionally designated wilderness Ms. FOXX. Mr. Chairman, I have an Mr. GRIJALVA. Mr. Chairman, I areas.’’ amendment at the desk. claim time in opposition. If the majority states through the The Acting CHAIR. The Clerk will The Acting CHAIR. The gentleman manager’s amendment that their in- designate the amendment. from Arizona is recognized for 5 min- tention is not to open up these areas The text of the amendment is as fol- utes. for motorized vehicles, then let’s make lows: Mr. GRIJALVA. Thank you. absolutely sure that this won’t happen. At the end of the bill, add the following: I rise in strong opposition to the I’m glad to see that they see that TITLE V—DESIGNATION OF AND RESTRIC- Foxx amendment and in strong support there’s a problem as well, which TIONS ON NATIONAL MONUMENTS of National Monuments and the Antiq- they’ve attempted to address. But SEC. 501. DESIGNATION OF AND RESTRICTIONS uities Act. sadly, the loosely worded amendment ON NATIONAL MONUMENTS. Following in the footsteps of Teddy won’t accomplish that. (a) DESIGNATION.—No national monument Roosevelt, who used the Antiquities Let’s work together to support the designated by presidential proclamation Act to protect the Grand Canyon, and Heinrich amendment and make sure shall be valid until the Governor and the leg- Franklin Roosevelt, who used it to pro- that we don’t combine motorized vehi- islature of each State within the boundaries tect the Grand Tetons, 16 Presidents— cles with Second Amendment issues in of the proposed national monument have ap- eight Republicans and eight Demo- proved of such designation. our backyards. I think we can work to- (b) RESTRICTIONS.—The Secretary of the In- crats—have used the Antiquities Act to gether, Mr. Chairman. terior shall not implement any restrictions designate approximately 130 national The Acting CHAIR. The time of the on the public use of a national monument monuments. In more recent history, gentleman from New Mexico has ex- until the expiration of an appropriate review President George W. Bush used the An- pired. The gentleman from Washington period (determined by the Secretary of the tiquities Act to designate the largest has 11⁄2 minutes remaining. Interior) providing for public input.’’. national monument in history. Most Mr. HASTINGS of Washington. I The Acting CHAIR. Pursuant to recently, President Obama used the act yield myself the balance of my time. House Resolution 614, the gentlewoman to preserve an enormously popular It appears that the argument here is from North Carolina (Ms. FOXX) and a Fort Monroe in Virginia. that this language that we’ve drafted Member opposed each will control 5 These special places might have been and passed in the manager’s amend- minutes. lost to development or destruction had ment is not strong enough. Let me read The Chair recognizes the gentle- the 59th Congress not authorized Presi- the appropriate words. In the gen- woman from North Carolina. dents to use the Antiquities Act to

VerDate Mar 15 2010 05:17 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.086 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1890 CONGRESSIONAL RECORD — HOUSE April 17, 2012 move quickly to protect Federal lands. shows that New Mexico’s 10 national that the legislature gave to the execu- And that is worth repeating: the Antiq- monuments established through the tive branch in Teddy Roosevelt’s time. uities Act allows designation of na- Antiquities Act account for 1.3 million Whether it is good or not, it is wrong tional monuments on Federal land annual tourist visits and $54 million in for Congress to give its authority away only. This land is already owned by the annual tourist spending supporting to the executive branch. At the time, it Federal Government, and the claim over 1,000 New Mexico jobs. In the last was thought it would be okay because that there is some kind of land grab few weeks, countless New Mexicans, in- there were specific restrictions placed going on is totally false. cluding sportsmen like myself, have on it. You had to have a specific some- Our national monuments are valu- asked President Obama to designate a thing geological, historical that you able, popular tourism designations that new national monument to protect the were going to preserve, it was in immi- serve as powerful economic engines. Organ Mountains outside of Las nent danger, and it was going be on the Headwaters Economics studied 17 large Cruces, New Mexico. smallest area possible in the debate national monuments in 11 Western We are calling on our President to that was going to be over a couple hun- States and found positive impacts to protect our vulnerable natural and cul- dred acres. the local economies and employment. tural resources in southern New Mex- The unfortunate thing is Presidents The Antiquities Act has served ico through the Antiquities Act. This since that time have used this monu- present and future generations well for amendment offered by my colleague ment designation power for political more than a century, and there is no from North Carolina would take that purposes in areas quite bigger than need for this amendment. National power away from the President and that. The last monument that was cre- monuments do not harm private prop- give State legislatures the power to ated in my State was not a couple of erty rights, and they improve the qual- make decisions about public lands that hundred acres. It was bigger than the ity of life in surrounding communities belong to all Americans. States of Connecticut, Delaware, and while saving historic, cultural, and sce- The Antiquities Act was specifically Rhode Island combined. It was done at nic resources for our children and our designed to allow Presidents to respond 9 a.m. after the Governor of the State grandchildren. quickly to protect places in the na- was told about it at 2 a.m., after hav- The Foxx amendment will hobble the tional interest. Had the Antiquities ing been told earlier that day that Antiquities Act by giving States a veto Act been written with the language of nothing was going to happen in this over Federal designations on Federal this amendment, the Grand Canyon kind of an area. land, and it would do so based on criti- could have been overrun by sprawl, an- Earlier this year, the Antiquities Act cisms of the act and of national monu- cient cliff dwellings and the Petrified was used at Fort Monroe when the en- ments that are patently false. The Forest National Park might have been tire delegation and the local commu- Foxx amendment should be defeated, looted, and the Arches National Park nity were in favor of it. When ours was and I reserve the balance of my time. wouldn’t even exist. done, as well as many of the other An- Ms. FOXX. Mr. Chairman, I now yield An additional concern is that several tiquity Act monuments were done, the 40 seconds to the distinguished chair- State legislatures only meet for a lim- local delegation was not in favor of it, man of the committee, Mr. HASTINGS. ited number of days each year and and the Governor was not in favor of it. Mr. HASTINGS of Washington. I can’t respond to urgent threats to pub- Everyone was not in favor of it. What thank the gentlelady for yielding. lic lands. In my State, we only meet the Foxx amendment tries to do is sim- Unfortunately, the Antiquities Act is for 60 days in odd years and 30 days in ply say, look, if you’re going to keep used more often than not to cir- even years. this power with the President, at least cumvent Congress’ role in setting land- The Foxx amendment would prevent get a check-and-balance system some- use policy or to foreclose any oppor- archeological, cultural, and historical where. Let’s make sure that the local tunity for anyone outside the White sites from receiving the urgent protec- people, the State people are fine with House to participate in whatever deci- tions they need. It also doesn’t recog- this designation before the President sion they make, including the affected nize that the United States has vast does something arbitrarily, capri- States. areas of unincorporated territory that ciously and, unfortunately too often, Unlike America in 1906 when the an- is not under the jurisdiction of any for political reason. tiquities law was first enacted, we now State legislature. Keep the legislative power where it have an elaborate set of other laws and President George W. Bush used the should be, with the legislature, but at regulations that require deliberative Antiquities Act to protect lands and least if you’re not going to do that, at processes and procedures to be followed waters in unincorporated Federal least put some kind of logical check before any significant action affecting areas, including the Marianas Trench and balance on the system. public lands can be taken. Marine and Pacific Remote Islands Ma- I think the gentlelady’s amendment rine National Monuments. The Acting CHAIR. The gentlewoman would improve this process, and with National monuments should not be a from North Carolina has 45 seconds re- that, I support it. partisan issue. After being signed into maining. Mr. GRIJALVA. I yield the balance law by President Theodore Roosevelt, Ms. FOXX. Thank you, Mr. Chair- of my time to the gentleman from New 16 Presidents of both parties—eight Re- man. Mexico (Mr. HEINRICH). publicans and eight Democrats—have I want to thank my two colleagues The Acting CHAIR. The gentleman used this act to protect federally who spoke on behalf of my amendment from New Mexico is recognized for 23⁄4 owned lands and waters to better pro- and tell them how much I appreciate minutes. tect America’s treasures for future their comments. And I want to say to Mr. HEINRICH. Mr. Chairman, for generations. And by attaching this di- my friends on the other side of the more than a century, the Antiquities visive issue to this bill, the chances of aisle, if designating an area as a na- Act has given American Presidents the a Presidential veto are greatly in- tional monument would be such a good authority to protect some of our Na- creased. I hope that we would refrain idea, there shouldn’t be any problem tion’s most important and threatened from endangering the pro-sportsmen with gaining approval from the legisla- places. Across my State of New Mexico, portions of this bill with controversial tures and the Governor, and it takes no we see the benefit of the Antiquities issues like this one. As an active power away from the President but al- Act. sportsman, I strongly support the An- lows the States to be part of the proc- Bandelier National Monument, Carls- tiquities Act, and I ask for a ‘‘no’’ vote ess. bad Caverns National Park, White on the amendment. I encourage my colleagues to support Sands National Monument, and El Ms. FOXX. Mr. Chairman, I yield 2 my amendment and yield back the bal- Morro National Monument were all minutes to my distinguished colleague ance of my time. originally protected through the Antiq- from Utah (Mr. BISHOP). Mr. FARR. Mr. Chair, I rise in opposition to uities Act. Mr. BISHOP of Utah. The Antiquities the Foxx Amendment that seeks to gut the Research done last year by the New Act, which allows the President to des- Antiquities Act and add unnecessary bureauc- Mexico Green Chamber of Commerce ignate land, is a legislative function racy.

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\K17AP7.090 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1891 The Antiquities Act is the best tool in the RECESS The Acting CHAIR. When the Com- tool box for saving America’s heritage—cul- The SPEAKER pro tempore. Pursu- mittee of the Whole rose earlier today, tural and natural—to respect what our ances- ant to clause 12(a) of rule I, the Chair a request for a recorded vote on amend- tors set aside for us and to inspire, educate, declares the House in recess subject to ment No. 8 printed in House Report and enlighten future generations. the call of the Chair. 112–444 by the gentlewoman from North The Antiquities Act has a long bipartisan tra- Accordingly (at 5 o’clock and 10 min- Carolina (Ms. FOXX) had been post- dition. After being signed into law by President utes p.m.), the House stood in recess. poned. Theodore Roosevelt, sixteen presidents of Pursuant to clause 6 of rule XVIII, both parties—8 Republicans and 8 Demo- f proceedings will now resume on those crats—have used this Act to protect federally- b 1753 amendments printed in House Report owned lands and waters to better protect 112–444 on which further proceedings America’s treasures for future generations. AFTER RECESS were postponed, in the following order: The Antiquities Act protects our national The recess having expired, the House Amendment No. 2 by Mr. HOLT of heritage. Sites like the Statue of Liberty, the was called to order by the Speaker pro New Jersey. Grand Canyon, and the World War II Valor in tempore (Mr. POE of Texas) at 5 o’clock Amendment No. 3 by Mr. GRIJALVA of the Pacific National Monument and in my Con- and 53 minutes p.m. Arizona. gressional District the Pinnacles National f Amendment No. 4 by Mr. PETERS of Monument have been protected through the Michigan. Antiquities Act. REPORT ON RESOLUTION PRO- Amendment No. 7 by Mr. HEINRICH of The Foxx Amendment seeks to gut the An- VIDING FOR CONSIDERATION OF New Mexico. tiquities Act. The Antiquities Act was specifi- H.R. 4348, SURFACE TRANSPOR- Amendment No. 8 by Ms. FOXX of cally designed to allow presidents to respond TATION EXTENSION ACT OF 2012, North Carolina. quickly to protect places in the national inter- PART II est. The Chair will reduce to 2 minutes Ms. FOXX, from the Committee on Had the Antiquities Act been written with the minimum time for any electronic Rules, submitted a privileged report Rep. FOXX’s language, the Grand Canyon vote after the first vote in this series. (Rept. No. 112–446) on the resolution (H. would be overrun by sprawl, ancient cliff dwell- AMENDMENT NO. 2 OFFERED BY MR. HOLT Res. 619) providing for consideration of ings and the Petrified Forest National Park The Acting CHAIR. The unfinished the bill (H.R. 4348) to provide an exten- would have been looted, and Arches National business is the demand for a recorded sion of Federal-aid highway, highway Park wouldn’t even exist. vote on the amendment offered by the safety, motor carrier safety, transit, The Foxx Amendment is poorly conceived. gentleman from New Jersey (Mr. HOLT) Several state legislatures only meet every and other programs funded out of the on which further proceedings were other year and are ill-equipped to respond to Highway Trust Fund pending enact- postponed and on which the noes pre- urgent threats to public lands. ment of a multiyear law reauthorizing vailed by voice vote. such programs, and for other purposes, The Foxx Amendment would prevent ar- The Clerk will redesignate the which was referred to the House Cal- chaeological, cultural and historical sites from amendment. endar and ordered to be printed. receiving the urgent protections they need The Clerk redesignated the amend- from looting, vandalism or other threats. f ment. The Foxx Amendment also doesn’t recog- RECORDED VOTE nize that the United States has vast areas of REPORT ON RESOLUTION PRO- unincorporated territory that is not under the VIDING FOR CONSIDERATION OF The Acting CHAIR. A recorded vote jurisdiction of a state legislature. H.R. 9, SMALL BUSINESS TAX has been demanded. President George W. Bush used the Antiq- CUT ACT A recorded vote was ordered. uities Act to protect lands and waters in unin- Ms. FOXX, from the Committee on The vote was taken by electronic de- corporated federal areas including the Mari- Rules, submitted a privileged report vice, and there were—ayes 152, noes 260, anas Trench Marine and Pacific Remote Is- (Rept. No. 112–447) on the resolution (H. not voting 19, as follows: lands Marine National Monuments. Res. 620) providing for consideration of [Roll No. 158] Stand up for our National Parks and our na- the bill (H.R. 9) to amend the Internal AYES—152 tional heritage. Vote against the Foxx Amend- Revenue Code of 1986 to provide a de- Ackerman Dold Larsen (WA) ment to H.R. 4089. duction for domestic business income Baldwin Doyle Larson (CT) The Acting CHAIR. The question is of qualified small businesses, which Bass (CA) Edwards Lee (CA) on the amendment offered by the gen- Becerra Ellison Levin was referred to the House Calendar and Berkley Engel Lewis (GA) tlewoman from North Carolina (Ms. ordered to be printed. Berman Eshoo Lipinski FOXX). Bishop (NY) Farr Loebsack The question was taken; and the Act- f Bonamici Fattah Lofgren, Zoe ing Chair announced that the ayes ap- Brady (PA) Fudge Lowey SPORTSMEN’S HERITAGE ACT OF Brown (FL) Gerlach Luja´ n peared to have it. 2012 Butterfield Gonzalez Lynch Mr. GRIJALVA. Mr. Chairman, I de- Capps Green, Al Maloney mand a recorded vote. The SPEAKER pro tempore. Pursu- Capuano Grijalva Markey The Acting CHAIR. Pursuant to ant to House Resolution 614 and rule Carnahan Gutierrez Matsui clause 6 of rule XVIII, further pro- XVIII, the Chair declares the House in Carney Hahn McCarthy (NY) the Committee of the Whole House on Carson (IN) Hanabusa McCollum ceedings on the amendment offered by Castor (FL) Hastings (FL) McDermott the gentlewoman from North Carolina the state of the Union for the further Chu Heinrich McNerney will be postponed. consideration of the bill, H.R. 4089. Cicilline Higgins Meeks Mr. HASTINGS of Washington. Mr. Will the gentleman from Idaho (Mr. Clarke (MI) Himes Miller (NC) Clarke (NY) Hinchey Miller, George Chairman, I move that the Committee SIMPSON) kindly resume the chair. Clay Hinojosa Moran do now rise. b 1755 Cleaver Hirono Murphy (CT) The motion was agreed to. Clyburn Holt Nadler Accordingly, the Committee rose; IN THE COMMITTEE OF THE WHOLE Cohen Honda Neal Connolly (VA) Hoyer Olver and the Speaker pro tempore (Ms. Accordingly, the House resolved Conyers Israel Pallone FOXX) having assumed the chair, Mr. itself into the Committee of the Whole Cooper Jackson (IL) Pascrell SIMPSON, Acting Chair of the Com- House on the state of the Union for the Courtney Jackson Lee Pastor (AZ) Crowley (TX) Paulsen mittee of the Whole House on the state further consideration of the bill (H.R. Cummings Johnson (GA) Pelosi of the Union, reported that that Com- 4089) to protect and enhance opportuni- Davis (CA) Johnson (IL) Peters mittee, having had under consideration ties for recreational hunting, fishing Davis (IL) Johnson, E. B. Pingree (ME) the bill (H.R. 4089) to protect and en- and shooting, and for other purposes, DeFazio Kaptur Platts DeLauro Keating Polis hance opportunities for recreational with Mr. SIMPSON (Acting Chair) in the Deutch Kildee Price (NC) hunting, fishing and shooting, had chair. Dingell Kucinich Quigley come to no resolution thereon. The Clerk read the title of the bill. Doggett Langevin Reichert

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.059 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1892 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Reyes Scott (VA) Tsongas West Wittman Yoder Neal Rush Sutton Richardson Scott, David Van Hollen Westmoreland Wolf Young (AK) Olver Sa´ nchez, Linda Tierney Richmond Serrano Vela´ zquez Whitfield Womack Young (FL) Pallone T. Tonko Rothman (NJ) Sewell Visclosky Wilson (SC) Woodall Young (IN) Pascrell Sanchez, Loretta Towns Roybal-Allard Sherman Pastor (AZ) Sarbanes Tsongas Wasserman NOT VOTING—19 Ruppersberger Sires Schultz Pelosi Schakowsky Van Hollen ´ Rush Smith (WA) Waters Andrews Garamendi McMorris Peters Schiff Velazquez ´ Sanchez, Linda Speier Watt Braley (IA) King (IA) Rodgers Pingree (ME) Schwartz Visclosky Polis Scott (VA) Wasserman T. Stark Waxman DeGette Marino Napolitano Sanchez, Loretta Sutton Price (NC) Scott, David Schultz Welch Dicks McCaul Paul Sarbanes Thompson (CA) Quigley Serrano Waters Wilson (FL) Filner McGovern Pitts Schakowsky Tierney Fincher Rangel Reyes Sherman Watt Woolsey McIntyre Schiff Tonko Frank (MA) Slaughter Richardson Sires Waxman Schwartz Towns Yarmuth Rothman (NJ) Smith (WA) Wilson (FL) b 1818 Roybal-Allard Speier Woolsey NOES—260 Ruppersberger Stark Yarmuth Adams Foxx Miller (MI) Messrs. PERLMUTTER, BRADY of NOES—279 Aderholt Texas, GRIMM and WITTMAN changed Franks (AZ) Miller, Gary Adams Fleming Lungren, Daniel Akin Frelinghuysen Moore their vote from ‘‘aye’’ to ‘‘no.’’ Aderholt Flores E. Alexander Gallegly Mulvaney Messrs. CLYBURN, AL GREEN of Akin Forbes Mack Altmire Gardner Murphy (PA) ´ Alexander Fortenberry Manzullo Amash Garrett Myrick Texas, LUJAN and PLATTS changed Altmire Foxx Marchant Amodei Gibbs Neugebauer their vote from ‘‘no’’ to ‘‘aye.’’ Amash Franks (AZ) Matheson Austria Gibson Noem So the amendment was rejected. Amodei Frelinghuysen McCarthy (CA) Baca Gingrey (GA) Nugent Austria Gallegly McCaul Bachmann Gohmert Nunes The result of the vote was announced Baca Gardner McClintock Bachus Goodlatte Nunnelee as above recorded. Bachmann Garrett McCotter Barletta Gosar Olson Stated for: Bachus McHenry Barrow Gerlach Gowdy Owens Mr. FILNER. Mr. Chair, on rollcall No. 158, Barletta McKeon Bartlett Gibbs Granger Palazzo Barrow McKinley Barton (TX) I was away from the Capitol due to prior com- Gibson Graves (GA) Pearce Bartlett McMorris Bass (NH) Gingrey (GA) Graves (MO) Pence mitments to my constituents. Had I been Barton (TX) Rodgers Benishek Gohmert Green, Gene Perlmutter present, I would have voted ‘‘aye.’’ Bass (NH) Meehan Berg Goodlatte Griffin (AR) Peterson Benishek Mica Biggert Mr. BRALEY of Iowa. Mr. Chair, on rollcall Gosar Griffith (VA) Petri Berg Michaud Bilbray No. 158, had I been present, I would have Gowdy Grimm Poe (TX) Biggert Miller (FL) Bilirakis Granger Guinta Pompeo voted ‘‘aye.’’ Bilbray Miller (MI) Bishop (GA) Graves (GA) Guthrie Posey Bilirakis Miller, Gary Bishop (UT) AMENDMENT NO. 3 OFFERED BY MR. GRIJALVA Graves (MO) Hall Price (GA) Bishop (GA) Miller, George Black Green, Gene Hanna Quayle The Acting CHAIR. The unfinished Bishop (UT) Mulvaney Blackburn Griffin (AR) Harper Rahall business is the demand for a recorded Black Murphy (PA) Blumenauer Griffith (VA) Harris Reed Blackburn Myrick Bonner vote on the amendment offered by the Grijalva Hartzler Rehberg Bonner Neugebauer Bono Mack gentleman from Arizona (Mr. GRI- Grimm Hastings (WA) Renacci Boren Noem Boren Guinta Hayworth Ribble JALVA) on which further proceedings Boswell Nugent Boswell Guthrie Heck Rigell were postponed and on which the noes Boustany Nunes Boustany Hall Hensarling Rivera Brady (TX) Nunnelee Brady (TX) prevailed by voice vote. Hanna Herger Roby Brooks Olson Brooks Harper Herrera Beutler Roe (TN) The Clerk will redesignate the Broun (GA) Owens Broun (GA) Harris Hochul Rogers (AL) amendment. Buchanan Palazzo Buchanan Hartzler Holden Rogers (KY) Bucshon Paulsen Bucshon The Clerk redesignated the amend- Hastings (WA) Huelskamp Rogers (MI) Buerkle Pearce Buerkle ment. Hayworth Huizenga (MI) Rohrabacher Burgess Pence Burgess Heck Hultgren Rokita RECORDED VOTE Burton (IN) Perlmutter Burton (IN) Heinrich Hunter Rooney Calvert Peterson Calvert The Acting CHAIR. A recorded vote Hensarling Hurt Ros-Lehtinen Camp Petri Camp Herger Issa Roskam has been demanded. Campbell Platts Campbell Herrera Beutler Jenkins Ross (AR) A recorded vote was ordered. Canseco Poe (TX) Canseco Himes Johnson (OH) Ross (FL) Cantor Pompeo Cantor The Acting CHAIR. This will be a 2- Johnson, Sam Royce Capito Hochul Posey Capito minute vote. Jones Runyan Cardoza Holden Price (GA) Cardoza Jordan Ryan (OH) The vote was taken by electronic de- Carter Huelskamp Quayle Carter Kelly Ryan (WI) vice, and there were—ayes 138, noes 279, Cassidy Huizenga (MI) Rahall Cassidy Kind Scalise Chabot Hultgren Reed Chabot not voting 14, as follows: King (NY) Schilling Chaffetz Hunter Rehberg Chaffetz Kingston Schmidt [Roll No. 159] Chandler Hurt Reichert Chandler Kinzinger (IL) Schock Coble Issa Renacci Coble AYES—138 Kissell Schrader Coffman (CO) Jenkins Ribble Coffman (CO) Ackerman Davis (CA) Jackson Lee Kline Schweikert Cole Johnson (OH) Richmond Cole Baldwin Davis (IL) (TX) Labrador Scott (SC) Conaway Johnson, Sam Rigell Conaway Bass (CA) DeGette Johnson (GA) Lamborn Scott, Austin Cooper Jones Rivera Costa Becerra DeLauro Johnson (IL) Lance Sensenbrenner Costa Jordan Roby Costello Berkley Deutch Johnson, E. B. Landry Sessions Costello Kelly Roe (TN) Cravaack Berman Dingell Kaptur Lankford Shimkus Courtney Kind Rogers (AL) Crawford Bishop (NY) Doggett Keating Latham Shuler Cravaack King (IA) Rogers (KY) Crenshaw Blumenauer Doyle Kildee LaTourette Shuster Crawford King (NY) Rogers (MI) Critz Bonamici Edwards Kucinich Latta Simpson Crenshaw Kingston Rohrabacher Cuellar Bono Mack Ellison Langevin Lewis (CA) Smith (NE) Critz Kinzinger (IL) Rokita Culberson Brady (PA) Engel Larson (CT) LoBiondo Smith (NJ) Cuellar Kissell Rooney Davis (KY) Braley (IA) Eshoo Lee (CA) Long Smith (TX) Culberson Kline Ros-Lehtinen Denham Brown (FL) Farr Levin Lucas Southerland Davis (KY) Labrador Roskam Dent Butterfield Fattah Lewis (GA) Luetkemeyer Stearns DeFazio Lamborn Ross (AR) DesJarlais Capps Frank (MA) Lofgren, Zoe Lummis Stivers Denham Lance Ross (FL) Diaz-Balart Capuano Fudge Lowey Lungren, Daniel Stutzman Dent Landry Royce Donnelly (IN) Carnahan Garamendi Lynch E. Sullivan DesJarlais Lankford Runyan Dreier Carney Gonzalez Maloney Mack Terry Diaz-Balart Larsen (WA) Ryan (OH) Duffy Carson (IN) Green, Al Markey Manzullo Thompson (MS) Dold Latham Ryan (WI) Duncan (SC) Castor (FL) Gutierrez Matsui Marchant Thompson (PA) Donnelly (IN) LaTourette Scalise Duncan (TN) Chu Hahn McCarthy (NY) Matheson Thornberry Dreier Latta Schilling Ellmers Cicilline Hanabusa McCollum McCarthy (CA) Tiberi Duffy Lewis (CA) Schmidt Emerson Clarke (MI) Hastings (FL) McDermott McClintock Tipton Duncan (SC) Lipinski Schock Farenthold Clarke (NY) Higgins McGovern McCotter Turner (NY) Duncan (TN) LoBiondo Schrader Fitzpatrick Clay Hinchey McNerney McHenry Turner (OH) Ellmers Loebsack Schweikert Flake Cleaver Hinojosa Meeks McKeon Upton Emerson Long Scott (SC) Fleischmann Clyburn Hirono Miller (NC) McKinley Walberg Farenthold Lucas Scott, Austin Fleming Connolly (VA) Holt Moore Meehan Walden Fitzpatrick Luetkemeyer Sensenbrenner Flores Conyers Honda Moran Mica Walsh (IL) Flake Luja´ n Sessions Forbes Crowley Israel Murphy (CT) Michaud Walz (MN) Fleischmann Lummis Sewell Fortenberry Miller (FL) Webster Cummings Jackson (IL) Nadler

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.024 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1893 Shimkus Thompson (MS) Welch McCollum Price (NC) Sires Shimkus Thompson (CA) Webster Shuler Thompson (PA) West McDermott Quigley Smith (WA) Shuler Thompson (MS) West Shuster Thornberry Westmoreland McGovern Reichert Speier Shuster Thompson (PA) Westmoreland Simpson Tiberi Whitfield McNerney Reyes Stark Simpson Thornberry Whitfield Smith (NE) Tipton Wilson (SC) Meeks Richardson Sutton Smith (NE) Tiberi Wilson (SC) Smith (NJ) Turner (NY) Wittman Miller (NC) Richmond Tierney Smith (NJ) Tipton Wittman Smith (TX) Turner (OH) Wolf Miller, George Rothman (NJ) Tonko Smith (TX) Turner (NY) Wolf Southerland Upton Womack Moore Roybal-Allard Towns Southerland Turner (OH) Womack Stearns Walberg Woodall Stearns Upton Woodall Moran Ruppersberger Tsongas Stivers Walden Yoder Murphy (CT) Rush Stivers Walberg Yoder Van Hollen Stutzman Walsh (IL) Young (AK) Nadler Sa´ nchez, Linda Stutzman Walden Young (AK) Vela´ zquez Terry Walz (MN) Young (FL) Neal T. Sullivan Walsh (IL) Young (FL) Visclosky Thompson (CA) Webster Young (IN) Olver Sanchez, Loretta Terry Walz (MN) Young (IN) Pallone Sarbanes Wasserman NOT VOTING—14 Pascrell Schakowsky Schultz NOT VOTING—14 Andrews Hoyer Pitts Pastor (AZ) Schiff Waters Andrews Lowey Pitts Cohen Marino Rangel Pelosi Schwartz Watt Dicks Marino Rangel Dicks McIntyre Slaughter Perlmutter Scott (VA) Waxman Filner McIntyre Schweikert Filner Napolitano Sullivan Peters Scott, David Welch Fincher Napolitano Slaughter Fincher Paul Pingree (ME) Serrano Wilson (FL) Kaptur Paul Platts Sewell Woolsey ANNOUNCEMENT BY THE ACTING CHAIR Polis Sherman Yarmuth ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR (during the vote). The Acting CHAIR (during the vote). There are 30 seconds remaining. NOES—262 There are 30 seconds remaining. Adams Farenthold Lummis b 1822 Aderholt Flake Lungren, Daniel b 1826 Akin Fleischmann E. So the amendment was rejected. Alexander Fleming Mack So the amendment was rejected. The result of the vote was announced Altmire Flores Manzullo The result of the vote was announced Amash Forbes Marchant as above recorded. Amodei Fortenberry Matheson as above recorded. Stated for: Austria Foxx McCarthy (CA) Stated for: Mr. FILNER. Mr. Chair, on rollcall 159, I was Baca Franks (AZ) McCaul Mr. FILNER. Mr. Chair, on rollcall No. 160, Bachmann Gardner McClintock away from the Capitol due to prior commit- Bachus Garrett McCotter I was away from the Capitol due to prior com- ments to my constituents. Had I been present, Barletta Gerlach McHenry mitments to my constituents. Had I been I would have voted ‘‘aye.’’ Barrow Gibbs McKeon present, I would have voted ‘‘aye.’’ Barton (TX) Gibson McKinley AMENDMENT NO. 4 OFFERED BY MR. PETERS Bass (NH) Gingrey (GA) McMorris AMENDMENT NO. 7 OFFERED BY MR. HEINRICH The Acting CHAIR. The unfinished Benishek Gohmert Rodgers The Acting CHAIR. The unfinished business is the demand for a recorded Berg Goodlatte Meehan business is the demand for a recorded Biggert Gosar Mica vote on the amendment offered by the Bilbray Gowdy Michaud vote on the amendment offered by the gentleman from Michigan (Mr. PETERS) Bilirakis Granger Miller (FL) gentleman from New Mexico (Mr. HEIN- on which further proceedings were Bishop (GA) Graves (GA) Miller (MI) RICH) on which further proceedings postponed and on which the noes pre- Bishop (UT) Graves (MO) Miller, Gary were postponed and on which the noes Black Green, Gene Mulvaney vailed by voice vote. Blackburn Griffin (AR) Murphy (PA) prevailed by voice vote. The Clerk will redesignate the Bonner Griffith (VA) Myrick The Clerk will redesignate the amendment. Boren Grimm Neugebauer amendment. Boswell Guinta Noem The Clerk redesignated the amend- Boustany Guthrie Nugent The Clerk redesignated the amend- ment. Brady (TX) Hall Nunes ment. RECORDED VOTE Brooks Hanna Nunnelee RECORDED VOTE Broun (GA) Harper Olson The Acting CHAIR. A recorded vote Buchanan Harris Owens The Acting CHAIR. A recorded vote has been demanded. Bucshon Hartzler Palazzo has been demanded. A recorded vote was ordered. Buerkle Hastings (WA) Paulsen A recorded vote was ordered. Burgess Hayworth Pearce The Acting CHAIR. This will be a 2- Burton (IN) Heck Pence The Acting CHAIR. This will be a 2- minute vote. Calvert Heinrich Peterson minute vote. The vote was taken by electronic de- Camp Hensarling Petri The vote was taken by electronic de- vice, and there were—ayes 155, noes 262, Canseco Herger Poe (TX) vice, and there were—ayes 176, noes 244, Cantor Herrera Beutler Pompeo not voting 14, as follows: Capito Hochul Posey not voting 11, as follows: [Roll No. 160] Cardoza Holden Price (GA) [Roll No. 161] Carney Huelskamp Quayle AYES—155 Carter Huizenga (MI) Rahall AYES—176 Ackerman Courtney Himes Cassidy Hultgren Reed Ackerman Connolly (VA) Green, Al Baldwin Crowley Hinchey Chabot Hunter Rehberg Baca Conyers Grijalva Bartlett Cummings Hinojosa Chaffetz Hurt Renacci Baldwin Cooper Gutierrez Bass (CA) Davis (CA) Hirono Chandler Issa Ribble Bass (CA) Costa Hahn Becerra Davis (IL) Holt Coble Jenkins Rigell Bass (NH) Costello Hanabusa Berkley DeGette Honda Coffman (CO) Johnson (OH) Rivera Becerra Courtney Hastings (FL) Berman DeLauro Hoyer Cole Johnson, Sam Roby Berkley Critz Hayworth Bishop (NY) Deutch Israel Conaway Jones Roe (TN) Berman Crowley Heinrich Blumenauer Doggett Jackson (IL) Cooper Jordan Rogers (AL) Bishop (NY) Cummings Higgins Bonamici Dold Jackson Lee Costa Kelly Rogers (KY) Blumenauer Davis (CA) Himes Bono Mack Doyle (TX) Costello Kind Rogers (MI) Bonamici Davis (IL) Hinchey Brady (PA) Edwards Johnson (GA) Cravaack King (IA) Rohrabacher Bono Mack DeFazio Hinojosa Braley (IA) Ellison Johnson (IL) Crawford King (NY) Rokita Brady (PA) DeGette Hirono Brown (FL) Engel Johnson, E. B. Crenshaw Kingston Rooney Braley (IA) DeLauro Holden Butterfield Eshoo Keating Critz Kinzinger (IL) Ros-Lehtinen Brown (FL) Deutch Holt Campbell Farr Kildee Cuellar Kissell Roskam Butterfield Dicks Honda Capps Fattah Kucinich Culberson Kline Ross (AR) Capps Dingell Hoyer Capuano Fitzpatrick Langevin Davis (KY) Labrador Ross (FL) Capuano Doggett Israel Carnahan Frank (MA) Larsen (WA) DeFazio Lamborn Royce Cardoza Dold Jackson (IL) Carson (IN) Frelinghuysen Larson (CT) Denham Lance Runyan Carnahan Doyle Jackson Lee Castor (FL) Fudge Lee (CA) Dent Landry Ryan (OH) Carney Edwards (TX) Chu Gallegly Levin DesJarlais Lankford Ryan (WI) Carson (IN) Ellison Johnson (GA) Cicilline Garamendi Lewis (GA) Diaz-Balart Latham Scalise Castor (FL) Engel Johnson (IL) Clarke (MI) Gonzalez Lipinski Dingell LaTourette Schilling Chu Eshoo Johnson, E. B. Clarke (NY) Green, Al Loebsack Donnelly (IN) Latta Schmidt Cicilline Farr Kaptur Clay Grijalva Lofgren, Zoe Dreier Lewis (CA) Schock Clarke (MI) Fattah Keating Cleaver Gutierrez Lynch Duffy LoBiondo Schrader Clarke (NY) Frank (MA) Kildee Clyburn Hahn Maloney Duncan (SC) Long Scott (SC) Clay Fudge Kind Cohen Hanabusa Markey Duncan (TN) Lucas Scott, Austin Cleaver Garamendi Kucinich Connolly (VA) Hastings (FL) Matsui Ellmers Luetkemeyer Sensenbrenner Clyburn Gibson Langevin Conyers Higgins McCarthy (NY) Emerson Luja´ n Sessions Cohen Gonzalez Larsen (WA)

VerDate Mar 15 2010 05:17 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.015 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1894 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Larson (CT) Pascrell Serrano Schmidt Southerland Walsh (IL) Harper McClintock Ross (AR) Lee (CA) Pastor (AZ) Sewell Schock Stearns Webster Harris McCotter Ross (FL) Levin Pelosi Sherman Schweikert Stivers West Hartzler McHenry Royce Lewis (GA) Perlmutter Sires Scott (SC) Stutzman Westmoreland Hastings (WA) McKeon Runyan Lipinski Peters Smith (WA) Scott, Austin Sullivan Whitfield Heck McKinley Ryan (WI) Loebsack Pingree (ME) Speier Sensenbrenner Terry Wilson (SC) Hensarling McMorris Scalise Lofgren, Zoe Polis Stark Sessions Thompson (PA) Wittman Herger Rodgers Schilling Lowey Price (NC) Sutton Shimkus Thornberry Wolf Herrera Beutler Meehan Schmidt Luja´ n Quigley Thompson (CA) Shuler Tiberi Womack Huelskamp Mica Schock Lynch Rahall Thompson (MS) Shuster Tipton Woodall Huizenga (MI) Miller (FL) Schweikert Maloney Reichert Tierney Simpson Turner (OH) Yoder Hultgren Miller, Gary Scott (SC) Smith (NE) Upton Young (AK) Markey Reyes Tonko Hunter Mulvaney Scott, Austin Matsui Richardson Smith (NJ) Walberg Young (FL) Hurt Murphy (PA) Sensenbrenner Towns McCarthy (NY) Richmond Smith (TX) Walden Young (IN) Issa Myrick Sessions Tsongas McCollum Rothman (NJ) Jenkins Neugebauer Shimkus Turner (NY) McDermott Roybal-Allard NOT VOTING—11 Johnson (OH) Noem Shuster Van Hollen McGovern Ruppersberger Andrews Marino Pitts Johnson, Sam Nugent Smith (NE) Vela´ zquez McNerney Rush Filner McIntyre Rangel Jones Nunes Smith (TX) Visclosky Meeks Ryan (OH) Fincher Napolitano Slaughter Jordan Nunnelee Southerland Michaud Sa´ nchez, Linda Walz (MN) Landry Paul Kelly Olson Stearns Miller (NC) T. Wasserman King (IA) Palazzo Stivers Miller, George Sanchez, Loretta Schultz ANNOUNCEMENT BY THE ACTING CHAIR Kingston Pearce Stutzman Moore Sarbanes Waters The Acting CHAIR (during the vote). Kinzinger (IL) Pence Sullivan Moran Schakowsky Watt There are 30 seconds remaining. Kissell Peterson Terry Murphy (CT) Schiff Waxman Kline Petri Thompson (PA) Nadler Schrader Welch 1830 Labrador Poe (TX) Thornberry Neal Schwartz Wilson (FL) b Lamborn Pompeo Tiberi Olver Scott (VA) Woolsey Mr. MORAN changed his vote from Lance Posey Tipton Pallone Scott, David Yarmuth ‘‘no’’ to ‘‘aye.’’ Landry Price (GA) Turner (NY) Lankford Quayle Turner (OH) NOES—244 So the amendment was rejected. Latham Reed Upton The result of the vote was announced LaTourette Rehberg Walberg Adams Fitzpatrick Lucas as above recorded. Latta Renacci Walden Aderholt Flake Luetkemeyer Lewis (CA) Ribble Walsh (IL) Akin Fleischmann Lummis Stated for: Long Rigell Webster Alexander Fleming Lungren, Daniel Mr. FILNER. Mr. Chair, on rollcall 161, I was Lucas Rivera Westmoreland Altmire Flores E. away from the Capitol due to prior commit- Luetkemeyer Roby Whitfield Amash Forbes Mack Lummis Roe (TN) Wilson (SC) Amodei Fortenberry Manzullo ments to my constituents. Had I been present, Lungren, Daniel Rogers (AL) Wittman Austria Foxx Marchant I would have voted ‘‘aye.’’ E. Rogers (KY) Wolf Bachmann Franks (AZ) Matheson AMENDMENT NO. 8 OFFERED BY MS. FOXX Mack Rogers (MI) Womack Bachus Frelinghuysen McCarthy (CA) Manzullo Rohrabacher Woodall Barletta Gallegly McCaul The Acting CHAIR. The unfinished Marchant Rokita Yoder Barrow Gardner McClintock business is the demand for a recorded Matheson Rooney Young (AK) Bartlett Garrett McCotter vote on the amendment offered by the McCarthy (CA) Ros-Lehtinen Young (FL) Barton (TX) Gerlach McHenry McCaul Roskam Young (IN) Benishek Gibbs McKeon gentlewoman from North Carolina (Ms. Berg Gingrey (GA) McKinley FOXX) on which further proceedings NOES—198 Biggert Gohmert McMorris were postponed and on which the ayes Bilbray Goodlatte Rodgers Ackerman Dicks Kind Bilirakis Gosar Meehan prevailed by voice vote. Altmire Dingell King (NY) Bishop (GA) Gowdy Mica The Clerk will redesignate the Baca Doggett Kucinich Bishop (UT) Granger Miller (FL) amendment. Baldwin Dold Langevin Black Graves (GA) Miller (MI) Barrow Donnelly (IN) Larsen (WA) Blackburn Graves (MO) Miller, Gary The Clerk redesignated the amend- Bass (CA) Doyle Larson (CT) Bonner Green, Gene Mulvaney ment. Bass (NH) Edwards Lee (CA) Boren Griffin (AR) Murphy (PA) RECORDED VOTE Becerra Ellison Levin Boswell Griffith (VA) Myrick Berkley Engel Lewis (GA) Boustany Grimm Neugebauer The Acting CHAIR. A recorded vote Berman Eshoo Lipinski Brady (TX) Guinta Noem has been demanded. Bishop (GA) Farr LoBiondo Brooks Guthrie Nugent A recorded vote was ordered. Bishop (NY) Fattah Loebsack Broun (GA) Hall Nunes Blumenauer Fitzpatrick Lofgren, Zoe Buchanan Hanna Nunnelee The Acting CHAIR. This will be a 2- Bonamici Fortenberry Lowey Bucshon Harper Olson minute vote. Bono Mack Frank (MA) Luja´ n Buerkle Harris Owens The vote was taken by electronic de- Brady (PA) Fudge Lynch Burgess Hartzler Palazzo vice, and there were—ayes 223, noes 198, Braley (IA) Garamendi Maloney Burton (IN) Hastings (WA) Paulsen Brown (FL) Gerlach Markey Calvert Heck Pearce not voting 10, as follows: Butterfield Gibson Matsui Camp Hensarling Pence [Roll No. 162] Capps Gonzalez McCarthy (NY) Campbell Herger Peterson Capuano Green, Gene McCollum Canseco Herrera Beutler Petri AYES—223 Cardoza Grijalva McDermott Cantor Hochul Platts Adams Buerkle Duncan (TN) Carnahan Grimm McGovern Capito Huelskamp Poe (TX) Aderholt Burgess Ellmers Carney Guinta McNerney Carter Huizenga (MI) Pompeo Akin Burton (IN) Emerson Carson (IN) Gutierrez Meeks Cassidy Hultgren Posey Alexander Calvert Farenthold Castor (FL) Hahn Michaud Chabot Hunter Price (GA) Amash Camp Flake Chandler Hanabusa Miller (MI) Chaffetz Hurt Quayle Amodei Campbell Fleischmann Chu Hanna Miller (NC) Chandler Issa Reed Austria Canseco Fleming Cicilline Hastings (FL) Miller, George Coble Jenkins Rehberg Bachmann Cantor Flores Clarke (MI) Hayworth Moore Coffman (CO) Johnson (OH) Renacci Bachus Capito Forbes Clarke (NY) Heinrich Moran Cole Johnson, Sam Ribble Barletta Carter Foxx Clay Higgins Murphy (CT) Conaway Jones Rigell Bartlett Cassidy Franks (AZ) Cleaver Himes Nadler Cravaack Jordan Rivera Barton (TX) Chabot Frelinghuysen Clyburn Hinchey Neal Crawford Kelly Roby Benishek Chaffetz Gallegly Cohen Hinojosa Olver Crenshaw King (IA) Roe (TN) Berg Coble Gardner Connolly (VA) Hirono Owens Cuellar King (NY) Rogers (AL) Biggert Coffman (CO) Garrett Conyers Hochul Pallone Culberson Kingston Rogers (KY) Bilbray Cole Gibbs Cooper Holden Pascrell Davis (KY) Kinzinger (IL) Rogers (MI) Bilirakis Conaway Gingrey (GA) Costa Holt Pastor (AZ) Denham Kissell Rohrabacher Bishop (UT) Cravaack Gohmert Costello Honda Paulsen Dent Kline Rokita Black Crawford Goodlatte Courtney Hoyer Pelosi DesJarlais Labrador Rooney Blackburn Crenshaw Gosar Critz Israel Perlmutter Diaz-Balart Lamborn Ros-Lehtinen Bonner Culberson Gowdy Crowley Jackson (IL) Peters Donnelly (IN) Lance Roskam Boren Davis (KY) Granger Cuellar Jackson Lee Pingree (ME) Dreier Lankford Ross (AR) Boswell Denham Graves (GA) Cummings (TX) Platts Duffy Latham Ross (FL) Boustany Dent Graves (MO) Davis (CA) Johnson (GA) Polis Duncan (SC) LaTourette Royce Brady (TX) DesJarlais Green, Al Davis (IL) Johnson (IL) Price (NC) Duncan (TN) Latta Runyan Brooks Diaz-Balart Griffin (AR) DeFazio Johnson, E. B. Quigley Ellmers Lewis (CA) Ryan (WI) Broun (GA) Dreier Griffith (VA) DeGette Kaptur Rahall Emerson LoBiondo Scalise Buchanan Duffy Guthrie DeLauro Keating Reichert Farenthold Long Schilling Bucshon Duncan (SC) Hall Deutch Kildee Reyes

VerDate Mar 15 2010 05:17 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.035 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1895 Richardson Scott, David Towns The Clerk will report the motion to least 22 percent, and today’s price is Richmond Serrano Tsongas Rothman (NJ) Sewell Van Hollen recommit. about 56 cents per gallon. This should Roybal-Allard Sherman Vela´ zquez The Clerk read as follows: be unacceptable to every single one of Ruppersberger Shuler Visclosky Mr. Tierney moves to recommit the bill us. Rush Simpson Walz (MN) H.R. 4089 to the Committee on Natural Re- What is needed is for this Congress to Ryan (OH) Sires Wasserman sources with instructions to report the same Sa´ nchez, Linda Smith (NJ) Schultz make a concerted effort to curb specu- T. Smith (WA) Waters to the House forthwith with the following lation and Wall Street’s anticonsumer Sanchez, Loretta Speier Watt amendment: practices. This amendment will do just At the end of the bill, add the following: Sarbanes Stark Waxman that, and it will ensure that the CFTC Schakowsky Sutton Welch TITLE V—FIGHTING OIL MARKET SPECU- has the resources it needs to carry out Schiff Thompson (CA) West LATION, MANIPULATION, AND FRAUD Schrader Thompson (MS) Wilson (FL) investigations and enforcement activi- Schwartz Tierney Woolsey SEC. 501. FIGHTING OIL MARKET SPECULATION, ties to stop commodity markets fraud, Scott (VA) Tonko Yarmuth MANIPULATION, AND FRAUD. There is hereby authorized to be appro- excessive speculation, and market ma- NOT VOTING—10 priated to the Commodities Futures Trading nipulation. The President has recog- Andrews McIntyre Rangel Commission such sums as may be necessary nized the importance of this issue and, Filner Napolitano Slaughter to carry out enforcement, examinations, just today, has called on this Congress Fincher Paul market surveillance and analytics, registra- Marino Pitts to support increases in the CFTC’s sur- tion, and compliance activities which relate veillance and enforcement staff for oil b 1835 to oil and refined product commodity mar- futures market trading, among other Messrs. ENGLE, COHEN, Ms. BROWN kets fraud, excessive speculation, and mar- ket manipulation. things. We need to give American fami- of Florida, and Ms. LORETTA SAN- lies the confidence that illegal manipu- CHEZ of California changed their vote TITLE VI—PROHIBITION ON HUNTING AND FISHING TRIPS PAID FOR BY REG- lation, fraud, and market rigging are from ‘‘aye’’ to ‘‘no.’’ ISTERED LOBBYISTS OR REGISTERED not contributing to these high prices of So the amendment was agreed to. FOREIGN AGENTS gas. This House can take the first step The result of the vote was announced SEC. 601. PROHIBITION ON HUNTING AND FISH- and approve this amendment. as above recorded. ING TRIPS PAID FOR BY REG- The amendment also ensures that Stated against: ISTERED LOBBYISTS OR REG- nothing in the underlying bill allows, Mr. FILNER. Mr. Chair, on rollcall 162, I was ISTERED FOREIGN AGENTS. promotes, or facilitates lobbyist jun- Nothing in this Act shall allow, promote, away from the Capitol due to prior commit- kets related to hunting, fishing, or rec- ments to my constituents. Had I been present, or facilitate hunting, fishing, or recreational shooting activities on Federal lands that are reational shooting activities on Fed- I would have voted ‘‘no.’’ eral lands. I would hope that we can all The Acting CHAIR. The question is financed by a registered lobbyist or reg- agree that this bill should not create on the amendment in the nature of a istered foreign agent for the benefit of a Member of Congress. any loopholes to lobbying restrictions substitute, as amended. that are currently in place, and my The amendment was agreed to. b 1840 The Acting CHAIR. Under the rule, amendment simply ensures that this is The SPEAKER pro tempore. The gen- the Committee rises. the case. I urge my colleagues to sup- tleman from Massachusetts is recog- Accordingly, the Committee rose; port this amendment. nized for 5 minutes. and the Speaker pro tempore (Mr. I yield the balance of my time to the Mr. TIERNEY. Mr. Speaker, I rise to YODER) having assumed the chair, Mr. ranking member of the Natural Re- offer the final amendment to this bill SIMPSON, Acting Chair of the Com- sources Committee, the gentleman that will give the Commodity Futures mittee of the Whole House on the state from Massachusetts (Mr. MARKEY). Trading Commission the resources that of the Union, reported that that Com- Mr. MARKEY. I thank the gen- it needs to put an end to the specula- mittee, having had under consideration tleman. tion that’s contributing to the high gas The rise in gas prices is not about the bill (H.R. 4089) to protect and en- prices across this country. Obama. It is about OPEC, oil compa- hance opportunities for recreational I want to be clear, Mr. Speaker. This nies, and Wall Street speculators. Wall hunting, fishing and shooting, and, amendment will not kill the bill, and it Street speculators now control nearly pursuant to House Resolution 614, he will not send it back to committee. If two-thirds of the oil market, up from reported the bill back to the House this amendment is adopted, the House 11 percent just 10 years ago. Morgan with an amendment adopted in the will still immediately proceed to a vote Stanley now controls 15 percent of New Committee of the Whole. on the final passage of the bill, and it The SPEAKER pro tempore. Under England’s home heating oil. Experts should. the rule, the previous question is or- tell us that as much as 25 percent of Today, estimates are that specu- dered. the price of oil is the result of exces- Is a separate vote demanded on any lators control about 70 percent of the sive speculation, which means Amer- amendment to the amendment re- open interest in commodity markets— ican drivers are paying a ‘‘Wall Street ported from the Committee of the 70 percent. Ten years ago, that number speculation tax’’ of more than 70 cents Whole? was 30 percent. These speculators are on every gallon of gasoline. If not, the question is on the amend- essentially large banks and hedge Wall Street speculators have turned ment in the nature of a substitute, as funds. They never actually take con- oil markets into a crude oil casino. Yet amended. trol of the oil. They just flip the con- the majority actually tried to cut fund- The amendment was agreed to. tract, make their quick profit and get ing for our Wall Street cops, the Com- The SPEAKER pro tempore. The out. However, unlike trading in the modity Futures Trading Commission, question is on the engrossment and stocks and bonds of traditional compa- by $30 million. Today, Mitt Romney third reading of the bill. nies, commodities speculation has a called the administration’s efforts to The bill was ordered to be engrossed real and big-time effect on Americans, crack down on speculation a gimmick. and read a third time, and was read the driving up the price of gas. It creates But protecting Wall Street consumers, third time. undue hardship whether you are a busi- protecting Main Street consumers over MOTION TO RECOMMIT ness owner with a small fleet of cars or Wall Street isn’t a gimmick; it should Mr. TIERNEY. Mr. Speaker, I have a a large fleet of trucks or are a home- be a given. motion to recommit at the desk. owner who is taking his kids back and This motion will give the CFTC spec- The SPEAKER pro tempore. Is the forth to school, doing your shopping or ulation cops the resources and per- gentleman opposed to the bill? running other essential errands. This sonnel they need to put an end to Wall Mr. TIERNEY. I am. hurts people who are already strug- Street’s gasoline gambling. Vote ‘‘aye’’ Mr. HASTINGS of Washington. Mr. gling to make ends meet. on the Tierney motion to crack down Speaker, I reserve a point of order According to one official at the Com- on Wall Street speculation and to pro- against the motion. modity Futures Trading Commission, tect Main Street consumers. Vote The SPEAKER pro tempore. A point speculation, not the lack of production, ‘‘aye’’ on the Tierney motion to recom- of order is reserved. has increased the price of gas by at mit.

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.037 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1896 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Mr. HASTINGS of Washington. Mr. Holt McNerney Schakowsky Price (GA) Scalise Thornberry Speaker, I withdraw my reservation. Honda Meeks Schiff Quayle Schilling Tiberi Hoyer Miller (NC) Schwartz Reed Schmidt Tipton The SPEAKER pro tempore. The gen- Israel Miller, George Scott (VA) Rehberg Schock Turner (NY) tleman’s point of order is withdrawn. Jackson (IL) Moore Scott, David Reichert Schrader Turner (OH) Mr. HASTINGS of Washington. I rise Jackson Lee Moran Serrano Renacci Schweikert Upton (TX) Murphy (CT) Ribble Scott (SC) in opposition to the motion to recom- Sewell Walberg Johnson (GA) Nadler Sherman Rigell Scott, Austin Walden Rivera Sensenbrenner mit. Johnson, E. B. Neal Sires Walsh (IL) Jones Olver Roby Sessions The SPEAKER pro tempore. The gen- Smith (WA) Walz (MN) Kaptur Pallone Roe (TN) Shimkus Speier Webster tleman is recognized for 5 minutes. Keating Pascrell Rogers (AL) Shuler West Mr. HASTINGS of Washington. Mr. Kildee Pastor (AZ) Stark Rogers (KY) Shuster Westmoreland Kucinich Pelosi Sutton Rogers (MI) Simpson Speaker, a week ago or so, I said his- Whitfield Langevin Perlmutter Thompson (CA) Rohrabacher Smith (NE) tory repeats itself, and I said it in the Larsen (WA) Peters Thompson (MS) Rokita Smith (NJ) Wilson (SC) context that we keep hearing the same Larson (CT) Pingree (ME) Tierney Rooney Smith (TX) Wittman arguments over and over and over Lee (CA) Polis Tonko Ros-Lehtinen Southerland Wolf Womack again. History repeats itself, it seems Levin Price (NC) Towns Roskam Stearns Lewis (GA) Quigley Tsongas Ross (AR) Stivers Woodall like, every week. So here we are, right Lipinski Rahall Van Hollen Ross (FL) Stutzman Yoder back from the district work period, and Loebsack Reyes Vela´ zquez Royce Sullivan Young (AK) history is repeating itself all over Lofgren, Zoe Richardson Visclosky Runyan Terry Young (FL) Lowey Richmond Wasserman Ryan (WI) Thompson (PA) Young (IN) again. We are talking about energy, Luja´ n Rothman (NJ) Schultz NOT VOTING—10 but we are talking about the wrong so- Lynch Roybal-Allard Waters lutions. Maloney Ruppersberger Watt Andrews McIntyre Rangel Markey The reason we have an energy prob- Rush Waxman Filner Napolitano Slaughter Matsui Ryan (OH) Welch Fincher Paul lem in this country is due to the poli- McCarthy (NY) Sa´ nchez, Linda Marino Pitts Wilson (FL) cies of this administration. It is so sim- McCollum T. McDermott Sanchez, Loretta Woolsey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ple. We’ve said it over and over. In fact, Yarmuth last year, we addressed the issue of try- McGovern Sarbanes The SPEAKER pro tempore (during the vote). There are 2 minutes remain- ing to increase the energy supply, NOES—261 ing. American energy, to create American Adams Dent Jordan energy jobs. Unfortunately, only a few Aderholt DesJarlais Kelly b 1904 on that side voted with us. Now the Akin Diaz-Balart Kind other side is starting to get it. Energy Alexander Dold King (IA) So the motion to recommit was re- Altmire Donnelly (IN) King (NY) jected. matters in this country. We need to de- Amash Dreier Kingston velop American energy. This is history Amodei Duffy Kinzinger (IL) The result of the vote was announced repeating itself. Vote ‘‘no’’ on the mo- Austria Duncan (SC) Kissell as above recorded. tion to recommit. Baca Duncan (TN) Kline Stated for: Bachmann Ellmers Labrador Mr. FILNER. Mr. Speaker, on rollcall 163, I I yield back the balance of my time. Bachus Emerson Lamborn The SPEAKER pro tempore. Without Barletta Farenthold Lance was away from the Capitol due to prior com- Barrow Fitzpatrick Landry mitments to my constituents. Had I been objection, the previous question is or- Bartlett Flake Lankford dered on the motion to recommit. present, I would have voted ‘‘aye.’’ Barton (TX) Fleischmann Latham Mrs. NAPOLITANO. Mr. Speaker, on Tues- There was no objection. Bass (NH) Fleming LaTourette day, April 17, 2012, I was absent during roll- The SPEAKER pro tempore. The Benishek Flores Latta Berg Forbes Lewis (CA) call vote No. 163 due to a family health emer- question is on the motion to recommit. Biggert Fortenberry LoBiondo gency. Had I been present, I would have The question was taken; and the Bilbray Foxx Long voted ‘‘aye’’ on the Motion to recommit H.R. Speaker pro tempore announced that Bilirakis Franks (AZ) Lucas Bishop (GA) Frelinghuysen Luetkemeyer 4089—Sportsmen’s Heritage Act of 2012. the noes appeared to have it. Bishop (UT) Gallegly Lummis The SPEAKER pro tempore. The RECORDED VOTE Black Gardner Lungren, Daniel Blackburn Garrett E. question is on the passage of the bill. Mr. TIERNEY. Mr. Speaker, I de- Bonner Gerlach Mack The question was taken; and the mand a recorded vote. Bono Mack Gibbs Manzullo Speaker pro tempore announced that A recorded vote was ordered. Boren Gibson Marchant the ayes appeared to have it. Boswell Gingrey (GA) Matheson The SPEAKER pro tempore. Pursu- Boustany Gohmert McCarthy (CA) Mr. MARKEY. Mr. Speaker, on that I ant to clause 9 of rule XX, the Chair Brady (TX) Goodlatte McCaul demand the yeas and nays. will reduce to 5 minutes the minimum Brooks Gosar McClintock The yeas and nays were ordered. time for any electronic vote on the Broun (GA) Gowdy McCotter Buchanan Granger McHenry The SPEAKER pro tempore. This question of passage. Bucshon Graves (GA) McKeon will be a 5-minute vote. The vote was taken by electronic de- Buerkle Graves (MO) McKinley The vote was taken by electronic de- vice, and there were—ayes 160, noes 261, Burgess Griffin (AR) McMorris vice, and there were—yeas 274, nays Burton (IN) Griffith (VA) Rodgers not voting 10, as follows: Calvert Grimm Meehan 146, not voting 11, as follows: [Roll No. 163] Camp Guinta Mica [Roll No. 164] Campbell Guthrie Michaud AYES—160 Canseco Hall Miller (FL) YEAS—274 Ackerman Clarke (NY) Ellison Cantor Hanna Miller (MI) Adams Bishop (UT) Cardoza Baldwin Clay Engel Capito Harper Miller, Gary Aderholt Black Carson (IN) Bass (CA) Cleaver Eshoo Cardoza Harris Mulvaney Akin Blackburn Carter Becerra Clyburn Farr Carter Hartzler Murphy (PA) Alexander Bonner Cassidy Berkley Cohen Fattah Cassidy Hastings (WA) Myrick Altmire Bono Mack Chabot Berman Connolly (VA) Frank (MA) Chabot Hayworth Neugebauer Amash Boren Chaffetz Bishop (NY) Conyers Fudge Chaffetz Heck Noem Amodei Boswell Chandler Blumenauer Costello Garamendi Chandler Heinrich Nugent Austria Boustany Coble Bonamici Courtney Gonzalez Coble Hensarling Nunes Baca Brady (TX) Coffman (CO) Brady (PA) Crowley Green, Al Coffman (CO) Herger Nunnelee Bachmann Brooks Cole Braley (IA) Cummings Green, Gene Cole Herrera Beutler Olson Bachus Broun (GA) Conaway Brown (FL) Davis (CA) Grijalva Conaway Hochul Owens Barletta Buchanan Cooper Butterfield Davis (IL) Gutierrez Cooper Huelskamp Palazzo Barrow Bucshon Costa Capps DeFazio Hahn Costa Huizenga (MI) Paulsen Bartlett Buerkle Costello Capuano DeGette Hanabusa Cravaack Hultgren Pearce Barton (TX) Burgess Cravaack Carnahan DeLauro Hastings (FL) Crawford Hunter Pence Bass (NH) Burton (IN) Crawford Carney Deutch Higgins Crenshaw Hurt Peterson Benishek Calvert Crenshaw Carson (IN) Dicks Himes Critz Issa Petri Berg Camp Critz Castor (FL) Dingell Hinchey Cuellar Jenkins Platts Biggert Campbell Cuellar Chu Doggett Hinojosa Culberson Johnson (IL) Poe (TX) Bilbray Canseco Culberson Cicilline Doyle Hirono Davis (KY) Johnson (OH) Pompeo Bilirakis Cantor Davis (KY) Clarke (MI) Edwards Holden Denham Johnson, Sam Posey Bishop (GA) Capito DeFazio

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.108 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1897 Denham King (IA) Ribble Lowey Pelosi Sewell working taxpayers that the Federal ´ Dent King (NY) Richmond Lujan Perlmutter Sherman Government takes from them at the DesJarlais Kingston Rigell Lynch Peters Sires Diaz-Balart Kinzinger (IL) Rivera Maloney Pingree (ME) Smith (WA) problem will not solve it. We need real Donnelly (IN) Kissell Roby Markey Polis Speier solutions that will stimulate our prov- Dreier Kline Roe (TN) Matsui Price (NC) Stark en economic engine: small businesses. McCarthy (NY) Quigley Duffy Labrador Rogers (AL) Sutton That’s why I support the Small Busi- Duncan (SC) Lamborn Rogers (KY) McCollum Reyes Tierney McDermott Richardson Duncan (TN) Lance Rogers (MI) Tonko ness Tax Cut Act that will help 22 mil- Ellmers Landry Rohrabacher McGovern Rothman (NJ) Towns lion hardworking small businesses re- Emerson Lankford Rokita McNerney Roybal-Allard Tsongas tain and create more jobs. Farenthold Latham Rooney Meeks Ruppersberger Van Hollen Fitzpatrick LaTourette Ros-Lehtinen Miller (NC) Rush f ´ Flake Latta Roskam Miller, George Sa´ nchez, Linda Velazquez Fleischmann Lewis (CA) Ross (AR) Moore T. Visclosky THE MEDICARE ORTHOTICS AND Fleming Lipinski Ross (FL) Moran Sanchez, Loretta Wasserman PROSTHETICS IMPROVEMENT ACT Flores LoBiondo Royce Murphy (CT) Sarbanes Schultz Forbes Loebsack Runyan Nadler Schakowsky Waters (Mr. THOMPSON of Pennsylvania Fortenberry Long Ryan (OH) Neal Schiff Watt asked and was given permission to ad- Foxx Lucas Ryan (WI) Olver Schwartz Waxman dress the House for 1 minute and to re- Franks (AZ) Luetkemeyer Scalise Pallone Scott (VA) Wilson (FL) Frelinghuysen Lummis Schilling Pascrell Scott, David Woolsey vise and extend his remarks.) Gallegly Lungren, Daniel Schmidt Pastor (AZ) Serrano Yarmuth Mr. THOMPSON of Pennsylvania. Garamendi E. Schock NOT VOTING—11 Mr. Speaker, I rise today to bring at- Gardner Mack Schrader tention to H.R. 1959, the Medicare Garrett Manzullo Schweikert Andrews Marino Pitts Gerlach Marchant Scott (SC) Filner McIntyre Rangel Orthotics and Prosthetics Improve- Gibbs Matheson Scott, Austin Fincher Napolitano Slaughter ment Act. This legislation has been de- Gibson McCarthy (CA) Sensenbrenner Frank (MA) Paul signed to improve the quality of Gingrey (GA) McCaul Sessions Gohmert McClintock Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE orthotic and prosthetic care and reduce Goodlatte McCotter Shuler The SPEAKER pro tempore (during fraudulent payments for orthotic and Gosar McHenry Shuster the vote). There are 2 minutes remain- prosthetic services under Medicare. Gowdy McKeon Simpson ing. This legislation would require the Granger McKinley Smith (NE) Centers for Medicare and Medicaid Graves (GA) McMorris Smith (NJ) b 1913 Graves (MO) Rodgers Smith (TX) Services to reimburse only those pro- Green, Gene Meehan Southerland So the bill was passed. viders who have been accredited or li- Griffin (AR) Mica Stearns The result of the vote was announced censed in orthotics and prosthetics. Griffith (VA) Michaud Stivers Grimm Miller (FL) Stutzman as above recorded. The legislation also would require CMS Guinta Miller (MI) Sullivan A motion to reconsider was laid on to report to Congress on its enforce- Guthrie Miller, Gary Terry the table. ment efforts to reduce fraud and abuse. Hall Mulvaney Thompson (CA) Stated against: Hanna Murphy (PA) Thompson (MS) Fraud and abuse contributes not only Harper Myrick Thompson (PA) Mr. FILNER. Mr. Speaker, on rollcall No. to rising costs, but it also harms pa- Harris Neugebauer Thornberry 164, I was away from the Capitol due to prior tients, particularly when medically Hartzler Noem Tiberi commitments to my constituents. Had I been necessary devices are arbitrarily pro- Hastings (WA) Nugent Tipton present, I would have voted ‘‘nay.’’ Hayworth Nunes Turner (NY) vided or without qualified providers. Heck Nunnelee Turner (OH) Mrs. NAPOLITANO. Mr. Speaker, on Tues- Mr. Speaker, we need to collectively Heinrich Olson Upton day, April 17, 2012, I was absent during roll- look at ways to create savings by com- Hensarling Owens Walberg call vote No. 164 due to a family health emer- Herger Palazzo Walden bating waste, fraud, and abuse in the Herrera Beutler Paulsen Walsh (IL) gency. Had I been present, I would have Medicare system. This legislation will Hochul Pearce Walz (MN) voted ‘‘nay’’ on Final Passage of H.R. 4089— enhance patient care and ensure that Holden Pence Webster Sportsmen’s Heritage Act of 2012. Medicare fraud is addressed, particu- Huelskamp Peterson Welch Huizenga (MI) Petri West f larly when the fiscal solvency of the Hultgren Platts Westmoreland REMOVAL OF NAME OF MEMBER Medicare program is in question. Hunter Poe (TX) Whitfield Hurt Pompeo Wilson (SC) AS COSPONSOR OF H.R. 3288 f Issa Posey Wittman Mr. CHAFFETZ. Mr. Speaker, I ask GSA GONE WILD Jenkins Price (GA) Wolf unanimous consent to have my name Johnson (OH) Quayle Womack (Mr. POE of Texas asked and was Johnson, Sam Rahall Woodall removed as a cosponsor to H.R. 3288. given permission to address the House Jones Reed Yoder The SPEAKER pro tempore (Mr. for 1 minute.) Jordan Rehberg Young (AK) BROOKS). Is there objection to the re- Kelly Reichert Young (FL) Mr. POE of Texas. Mr. Speaker, it’s Kind Renacci Young (IN) quest of the gentleman from Utah? party time at the General Services Ad- There was no objection. ministration. The good times rolled in NAYS—146 f Las Vegas, where the GSA spent over Ackerman Conyers Hastings (FL) JOBS $800,000 of tax money on a conference Baldwin Courtney Higgins for 300 people. Now we learn that back Bass (CA) Crowley Himes (Ms. FOXX asked and was given per- Becerra Cummings Hinchey mission to address the House for 1 in 2010, the GSA employees escaped Berkley Davis (CA) Hinojosa minute.) their marble palace in Washington, Berman Davis (IL) Hirono D.C., and jetted off to Sin City for a Bishop (NY) DeGette Holt Ms. FOXX. Mr. Speaker, the March Blumenauer DeLauro Honda employment report continues to show taxpayer-funded high-dollar boon- Bonamici Deutch Hoyer us that the Federal Government has doggle. This so-called ‘‘conference’’ in- Brady (PA) Dicks Israel cluded a $31,000 reception, fancy Braley (IA) Dingell Jackson (IL) not been helping to create jobs in our Brown (FL) Doggett Jackson Lee economy. A Wall Street Journal edi- awards, food, wine, lavish suites with Butterfield Dold (TX) torial from April 9 highlighted a few bubbling hot tubs, clowns, swanky par- Capps Doyle Johnson (GA) examples from the report. Here is one ties, iPod giveaways, and even a mind Capuano Edwards Johnson (IL) reader. This kind of lavish spending is Carnahan Ellison Johnson, E. B. extremely startling statistic: exactly why Americans don’t trust the Carney Engel Kaptur The labor force participation rate—or the Castor (FL) Eshoo Keating share of civilian population that is work- government with their money. Chu Farr Kildee But what happened in Vegas just Cicilline Fattah Kucinich ing—dropped again to 63.8 percent. In March, Clarke (MI) Fudge Langevin 2009, a month after the $800 billion stimulus didn’t stay in Vegas. A GSA whistle- Clarke (NY) Gonzalez Larsen (WA) passed Congress, the labor participation rate blower snitched off the bureaucrats- Clay Green, Al Larson (CT) was nearly 2 percentage points higher, at 65.6 gone-wild bunch. Now, GSA officials Cleaver Grijalva Lee (CA) percent. are folding their cards, cashing in their Clyburn Gutierrez Levin Cohen Hahn Lewis (GA) This is a prime example that con- chips, and resigning. The day of reck- Connolly (VA) Hanabusa Lofgren, Zoe tinuously throwing money of hard- oning has come for those who played

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.047 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1898 CONGRESSIONAL RECORD — HOUSE April 17, 2012 poker with the people’s money. Public phasizing aid delivery and access to these b 1920 border areas. First, the United States will servants should not be public serpents. WE CAN DO BETTER These government bureaucrats should assume the rotating presidency of the United pay out of their own pockets the tax- Nations Security Council in April and sec- (Ms. JACKSON LEE of Texas asked payer money they squandered in Las ondly, the United States will host the G8 and was given permission to address Vegas. summit at Camp David in May. the House for 1 minute.) And that’s just the way it is. We hope that the United States will take Ms. JACKSON LEE of Texas. Mr. advantage of both platforms by demanding Speaker, I rise because I truly believe f full and unimpeded access for international we can do better. I join my colleague TROUBLE BETWEEN SUDAN AND humanitarian organizations to the border re- from Texas to speak and raise the ques- SOUTH SUDAN gions, while calling on Khartoum to agree to tion of: What was the GSA, the General a concrete timeline to implement the United Services Administration, thinking? (Ms. LEE of California asked and was Nations-African Union-League of Arab There are a lot of good workers and we given permission to address the House States Tripartite Proposal. Specifically, we should not attribute to them bad acts, for 1 minute.) request that the United States ensure that but it was such poor judgment—$800,000 Ms. LEE of California. Mr. Speaker, Sudan and South Sudan are placed as a pri- to be spent recklessly on party hearty. over the weekend, the situation went ority on the U.N. Security Council agenda But I also want to raise the question from bad to worse in Sudan, with mili- during the U.S. presidency. These efforts will of the contracts that the GSA sends tary clashes erupting into a full-blown complement and further advance the mes- out. In the instance of the stimulus crisis along the troubled border region sage on Sudan you delivered this week to dollars, my Federal building has been between Sudan and South Sudan. Chinese President Hu Jintao during your bi- rehabbed under the stimulus moneys to President al-Bashir, wanted by the lateral meeting in Seoul. create jobs, and we can’t get the con- International Criminal Court for Khartoum’s notorious ability to delay and tractor, Gilbane, to address the ques- crimes against humanity, is directing its failure to honor agreements suggest that tion of diversity in the workforce or di- this new round of bombings that a more robust, consistent and coordinated versity in contractors. What a terrible threaten a fragile peace. approach is needed to protect the lives of shame. There has been some hard work It was less than a year ago that the vulnerable populations. We have seen such and some attention, but not the hard world’s youngest nation was born in sustained international coordination led by press that should come about when you South Sudan, and already we are wit- the United States in both negotiating the seek fairness. nessing the disturbing return to vio- Comprehensive Peace Agreement signed in Mr. Speaker, I also want to mention lence and inhumanity. 2005, and in helping to implement the suc- the fact that I’m supporting Mr. Last month, I was joined by 67 Mem- cessful South Sudan referendum in 2011. COURTNEY’s bill, of Connecticut, be- bers of my House colleagues on a letter Now is the time to act. Affected areas of cause it is a shame to double, triple the to President Obama expressing our se- South Kordofan and Blue Nile reached emer- interest rates on loans that college stu- rious concern for the ongoing human gency levels of food insecurity in March, and dents need to provide for their edu- calamity in Sudan. the situation has continued to deteriorate. cation. Mr. Speaker, in closing, let me just This is one level short of famine. The re- maining areas within South Kordofan, as Finally, I want to say that NASA has say half a million lives hang in the bal- well as much of Blue Nile state, are facing sent the Discovery to the Smithsonian. ance as the Sudanese Government at- crisis levels of food insecurity. I want a shuttle in Houston, and we’re tacks rebels and civilians alike with a never giving up until we get it. We are methodical strategy to stop cultivation Recognizing the concrete steps your Ad- the historic home for the shuttle. and block humanitarian aid. We must ministration has taken to spare the lives of vulnerable populations and prevent further not idly stand by. So I call on my col- f conflict, we ask that you use the upcoming leagues to sponsor legislation by our opportunities at the United Nations Security HUNGER AND THE RYAN BUDGET colleagues—Representatives CAPUANO, Council and the G8 summit in May to lever- The SPEAKER pro tempore. Under MCGOVERN, WOLF—and myself who age multilateral pressure on the Government the Speaker’s announced policy of Jan- have recently introduced H.R. 4169, the of Sudan and its supporters. We appreciate uary 5, 2011, the gentlewoman from Sudan Peace, Security, and Account- your ongoing commitment to that goal. Connecticut (Ms. DELAURO) is recog- ability Act, to update the diplomatic Respectfully Yours, nized for 60 minutes as the designee of tools in Sudan to reflect the current Barbara Lee, Michael E. Capuano, James the minority leader. dangers on the ground. P. McGovern, Al Green, Karen Bass, G.K. Butterfield, Judy Chu, Wm. Lacy Ms. DELAURO. Mr. Speaker, in to- CONGRESS OF THE UNITED STATES Clay, James E. Clyburn, Keith Ellison, night’s Democratic Special Order, we Washington, DC, March 30, 2012. Bob Filner, and Howard L. Berman. will be highlighting the severe and im- Hon. BARACK OBAMA, Andre´ Carson, Yvette D. Clarke, Eman- moral cuts made to antihunger and nu- President of the United States, The White uel Cleaver, Elijah E. Cummings, House, Washington, DC. trition programs in the House Repub- Chaka Fattah, Marcia L. Fudge, Rau´ l lican budget. CC: M. Grijalva, Sheila Jackson Lee, Rick Secretary of State Hillary Clinton Right now, millions of American Larsen, John W. Olver, Lucille Roybal- families and children are suffering Ambassador to the United Nations Susan Allard, and Robert C. Scott. Rice Terri A. Sewell, Michael M. Honda, Hank from food insecurity. As the map here DEAR PRESIDENT OBAMA: We write to ex- Johnson, John Lewis, Cedric L. Rich- clearly shows, food hardship is a na- press our serious concern for the ongoing mond, Gregorio Sablan, David Scott, tional tragedy. It is present in each human calamity in the Sudanese border Bennie G. Thompson, Edolphus Towns, and every congressional district. The areas of South Kordofan, Blue Nile, Abyei, Frederica S. Wilson, John Conyers Jr., districts that are highlighted in pink and Darfur, and in Yida and other refugee and Laura Richardson. and in red have the most food hard- camps in South Sudan. The Sudanese gov- Corrine Brown, Jackie Speier, Peter A. ships, while the districts in yellow are ernment continues to target civilian popu- Defazio, Melvin L. Watt, Lynn C. Wool- not far behind. Districts highlighted in lations through the use of indiscriminate sey, Donna M. Christensen, Alcee L. bombing and the denial of humanitarian aid. Hastings, Maxine Waters, Pete Stark, blue have the lowest food hardship, but These actions have left nearly half a million Carolyn B. Maloney, Aaron Schock, the national average is that nearly one people at risk of starvation in the coming and Donna F. Edwards. in five Americans struggles with food weeks and months. Sudan’s impending rainy Maurice D. Hinchey, Russ Carnahan, Zoe hardship. Simply put, they are at risk season, and resulting poor road conditions, Lofgren, Lois Capps, Michael H. of going hungry. will soon make the delivery of any aid ex- Michaud, Madeleine Z. Bordallo, Ste- According to a study done by the tremely difficult, if not impossible. phen F. Lynch, Sanford D. Bishop Jr., Center for Budget Policy and Prior- We applaud your recent actions dem- Brad Sherman, Sam Farr, Jesse L. ities, the Republican budget, composed onstrating your firm commitment to ending Jackson Jr., and Danny K. Davis. the humanitarian crisis in South Korfodan Steve Cohen, Jan Schakowsky, Chris by Chairman PAUL RYAN and endorsed and the border areas. There are two upcom- Van Hollen, Jerrold Nadler, Charles by Presidential candidate Mitt Rom- ing opportunities for the United States to Rangel, Marcy Kaptur, James P. ney, would ‘‘impose extraordinary cuts further support a humanitarian agenda em- Moran, and Steve Israel. in programs that serve as a lifeline for

VerDate Mar 15 2010 06:19 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.113 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1899 our Nation’s poorest and our most vul- the budget of all of California. It is a are receiving this because at some lo- nerable citizens.’’ Not the least of very important program, and the U.S. cations the pay isn’t great enough to these are America’s critical antihunger Department of Agriculture is respon- be able to give them all of the nutri- initiatives like food stamps and the sible for food policy. Most of our food tional foods that they need. Women, Infants and Children, or WIC, policy in the United States is about So if we’re going to grow a healthy program, all of which the Ryan Repub- health care. It’s about feeding people America, we’ve got to keep this pro- lican budget threatens to slash by as and assisting those who don’t have ade- gram, and we’ve got to avoid falling in much as 19 percent. quate access to fresh fruits and vegeta- love with the Ryan budget which will That means, for example, that over 8 bles through creation of farmers mar- do everything but create a healthier, million men, women, and children kets and things like that. safer, sounder and more fiscally capa- could be cut from food stamps, and 21⁄2 I’m here tonight because I’m deeply ble government. I urge the defeat of million pregnant and post-partum disturbed by the attention and sort of that budget and the support of the women, infants and children may be the media satisfaction that some are American farmers. slashed from the WIC program. The getting when they hear about the Ryan Ms. DELAURO. I thank the gen- Ryan budget slashes these antihunger budget cut, squeeze, and trim; and I tleman from California. And as this is, initiatives while preserving subsidies want to talk tonight a little bit not as I said, an issue that is coast to for Big Oil, tax breaks for the wealthi- only to the families that receive the coast, I’d like to recognize our col- est Americans. It is a reverse Robin benefits but to the farmers who grow league from Massachusetts, someone Hood budget that, in the words of Rob- the food in this country. who has been an unbelievable cham- ert Greenstein, the head of the Center The Ryan budget is one you ought to pion of eliminating hunger in the on Budget and Policy Priorities, would look at before you leap, because if you United States, JIM MCGOVERN from ‘‘likely produce the largest redistribu- look at it in detail, you will find that Massachusetts. tion of income from the bottom to the it has a lot to do with knowing about Mr. MCGOVERN. I want to thank my top in modern U.S. history, and likely the price of everything and the cost of colleague from Connecticut for her pas- increase poverty and inequality more everything, but very little about know- sion and for her leadership on this than any other budget in recent times ing the value of what these programs issue, and for reminding us all of a ter- and possibly in the Nation’s history.’’ are all about. rible truth, and that is, there is not a As many religious and ethical observ- Look, food in America is very impor- single community in the United States ers have noted this week, the decisions tant, and we wouldn’t be having all of America that is hunger-free; that made in this budget are antithetical to these health care debates and issues if there are millions of our fellow citi- our basic moral values. Last Friday, 60 it weren’t for the issues of health care. zens, men, women and children of every Catholic leaders and theologians wrote Health care begins with food. If you’re age and every background you can a letter to Chairman RYAN arguing going to grow healthy people, it has to imagine, who are hungry or who are that his budget was ‘‘morally indefen- do with what they eat, and we also food insecure. They don’t have enough sible and betrays Catholic principles of know it has to do with the exercise to eat, can’t put a nutritious meal on solidarity, just taxation, and a com- that they participate in. the table for their families. They go mitment to the common good. A budg- Of about a $100 billion budget, $65 bil- without meals on a regular basis. et that turns its back on the hungry, lion of that is in food and nutrition. This is happening in the United the elderly, and the sick while giving It’s about feeding people. We feed a lot States of America, the richest country more tax breaks to the wealthiest few of people in the government. We cer- on this planet; and every one of us, can’t be justified in Christian terms.’’ tainly feed everybody in the military. Democrats and Republicans alike, This Ryan Republican budget is par- We feed people in public institutions. should be ashamed of that fact. ticularly cruel when you consider the We feed children in schools, and we I tell people all the time that hunger scale of need in the current economy also give families a choice of what they is a political condition. We have the where 13 million are unemployed and want to buy with the old food stamp food. We have this incredible natural one in six are living below the official program, now known as the SNAP pro- resource in this country that we’re poverty line. gram, Supplemental Nutrition Assist- able to produce enough food to be able As another group of Christian lead- ance Program. to feed our population. We have this in- ers, the Circle of Protection, has urged, In my district, one out of every five credible agriculture community, won- Congress should ‘‘give moral priority families is receiving this assistance. derful farmers from coast to coast who to programs that protect the life and And what do they do with that? They can grow our food. And yet millions of the dignity of poor and vulnerable peo- can buy, because we produce so much our citizens go without. ple in these difficult times.’’ fresh fruits and vegetables, a much We have the food, we have the infra- Our antihunger initiatives like food healthier diet than they would have structure, we know what to do. We stamps and WIC are just such pro- otherwise. Indeed, if we’re going to pre- have everything but the political will grams. Tonight, I’m proud to be joined vent illness in America, we have to to eradicate hunger in America. by my colleagues. We will discuss the keep people healthy. Now, look, we all agree that we have profound impact the Ryan-Romney Re- Who grows this food? Who produces a problem with our debt, and we need publican budget will have on these pro- this food? It’s the farmers of America. to get our budget under control. But grams. They don’t give it away. We buy it it’s hard to believe that the first place With that, I am so pleased to ask my from them. the Republicans are looking to balance colleague from California (Mr. FARR), A huge percentage of the income to the budget are on the backs of the poor who is the ranking member of the Agri- farmers in this country comes from the and the most vulnerable in this coun- culture Appropriations Subcommittee, food they produce for our institutional try, on the backs of people who are to continue our dialogue for this feeding and for our health care pro- hungry, because tomorrow in the Agri- evening. grams. The Ryan budget devastates culture Committee, following in line Mr. FARR. Thank you very much, that. He cuts, squeezes, and trims the with the Ryan budget, the Republican Madam Chair. I call you Chair because farmers in this country, the growers, leadership is going to ask that the Ag- you were chair when I was on the com- the people that create the food security riculture Committee cut $33 billion out mittee, and I always respect your lead- in America. of the SNAP program. ership in this field. So look before you leap. This budget That’s how they’re going to balance As was stated, I am ranking member does a lot more harm than good. the budget. First thing out of the box, of the House Appropriations Agri- going after the SNAP program, a pro- culture Subcommittee, and that is re- b 1930 gram that has worked to keep millions sponsible for the U.S. Department of And, frankly, the Supplemental Nu- of people not only out of hunger, but Agriculture and the Food and Drug Ad- tritional Assistance Program is a very out of poverty. ministration. The entire budgets of good program. We even have spouses I will insert an article into the those administrations are bigger than and children of military families that RECORD that appeared in The New York

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.115 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1900 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Times talking about how the SNAP on people whose incomes remained below the doesn’t even count what we invest in program has prevented millions of poverty threshold. The program lifted the programs like SNAP and WIC and Americans from going into poverty. average poor person’s income up about six other programs designed to provide nu- percent closer to the line over the length of [From the New York Times, Apr. 9, 2012] the study, making poverty less severe. When trition and food for our fellow citizens. FOOD STAMPS HELPED REDUCE POVERTY the benefits were included in the income of So I would say to my colleagues on RATE, STUDY FINDS families with children, the result was that the other side of the aisle, the battle (By Sabrina Tavernise) children below the threshold moved about 11 against hunger has historically been a WASHINGTON.—A new study by the Agri- percent closer to the line. bipartisan one. We’ve been able to culture Department has found that food The program had a stronger effect on chil- come together, Republicans and Demo- stamps, one of the country’s largest social dren because they are more likely to be poor crats, and be able to stand together to safety net programs, reduced the poverty and they make up about half of the pro- support programs that provide a circle rate substantially during the recent reces- gram’s participants. ‘‘Even if SNAP doesn’t have the effect of of protection for our most vulnerable sion. The food stamp program, formally citizens. known as the Supplemental Nutrition As- lifting someone out of poverty, it moves sistance Program, or SNAP, reduced the pov- them further up,’’ Mr. Concannon said. And all of a sudden, you know, my erty rate by nearly 8 percent in 2009, the Mr. Speaker, I also want to take on a Republican colleagues and some of the most recent year included in the study, a myth that some of my Republican Presidential candidates are using hun- significant impact for a social program friends have been propagating that ger as a wedge issue, calling President whose effects often go unnoticed by policy somehow the SNAP program is a Obama the Food Stamp President. makers. wasteful program. I’ve heard over and Well, I’m proud that in this country we The food stamp program is one of the larg- over and over again that the amount care about our fellow citizens, espe- est antipoverty efforts in the country, serv- cially when they fall on hard times. ing more than 46 million people. But the we’ve spent on SNAP has risen over the extra income it provides is not counted in last decade. It has, in part, because I urge my colleagues, especially on the government’s formal poverty measure, we’ve gone through a terrible economic the Republican side, to stand up an omission that makes it difficult for offi- crisis. More and more of our fellow against your leadership and to stand cials to see the effects of the policy and get citizens have fallen into poverty, have with us and to stand with people who an accurate figure for the number of people had to rely on SNAP. are in need. If government is not there beneath the poverty threshold, which was CBO tells us that they expect what for the neediest, then I’m not sure about $22,000 for a family of four in 2009. we spend on SNAP to go down as the what good government is. ‘‘SNAP plays a crucial, but often under- Mitt Romney doesn’t need govern- appreciated, role in alleviating poverty,’’ economy gets better. And this is a so- said Stacy Dean, an expert on the program cial safety net. This is a program that ment. He’s a multi-millionaire. Donald with the Center for Budget and Policy Prior- provides protection for people when Trump doesn’t need government. But ities, a Washington-based research group they hit difficult economic times. So there are millions of our fellow citizens that focuses on social programs and budget that is why spending has increased. It who, through no fault of their own, find policy. has nothing to do with fraud or waste themselves in a difficult economic situ- Enrollment in the food stamp program or abuse. ation who rely on these programs. grew substantially during the recession and In fact, the GAO and the USDA have It is beyond comprehension to me immediately after, rising by 45 percent from that tomorrow the Republicans want January of 2009 to January of this year, ac- reported time and time again that cording to monthly figures on the U.S.D.A. SNAP is one of the most efficiently run to cut $33 billion out of SNAP. With all Web site. The stimulus package pushed by programs in the Federal Government. the places they could look for savings, President Obama and enacted by Congress Less than 3 percent error rate, and that they’re going after programs to help significantly boosted funding for the pro- includes people who get underpaid the most vulnerable. That is unaccept- gram as a temporary relief for families who what they’re entitled to. able and unconscionable, and I hope had fallen on hard times in the recession. I dare anybody here to find me a pro- that the majority in this House stand But the steady rise tapered off in January, gram at the Pentagon that has such a up strongly against that. when enrollment was down slightly from De- I thank my colleague for yielding the cember, a change in direction that Ms. Dean low error rate in terms of the utiliza- said could signal that the recovery was hav- tion of taxpayer money. time. ing an effect even among poor families. Mr. Speaker, the bottom line is this: Ms. DELAURO. I want to thank my The program’s effects have long been what we’re talking about here is not colleague. I want to thank him for his known among poverty researchers, and for just a program, is not just numbers. eloquence. He makes a comment that Ms. Dean, the most interesting aspect of the We’re talking about people. We’re talk- these are not just statistics about the report was the political context into which it ing about our neighbors. And we’re people who are being hurt. The fact of was released. the matter is last week in my district In a year of elections and rising budget talking about not just people who are pressures, social programs like food stamps unemployed. We’re talking about work- during our district break I did an event are coming under increased scrutiny from ing people. Millions of working fami- on hunger in our community. And Republican legislators, who argue that they lies benefit from SNAP. They’re out there I had the head of the Connecticut create a kind of entitlement society. there working trying to make ends food bank, the woman who heads up In an e-mail to supporters on Monday, Rep- meet, but they don’t earn enough. So the End Hunger Connecticut organiza- resentative Allen B. West, a Florida Repub- because of that, we have this program tion, and a young woman, her name lican, called the increase in food stamp use a called SNAP to help them get by and was Susan Vass from Branford, Con- ‘‘highly disturbing trend.’’ He said that he necticut. She stood up and with tears had noticed a sign outside a gas station in to put nutritious food on the table for his district over the weekend alerting cus- their children. in her eyes talked about her cir- tomers that food stamps were accepted. Mr. Speaker, we can talk all we want cumstances. Out of a job, that’s some- ‘‘This is not something we should be proud about our budgetary problems. I want one who is a former pension adviser, a to promote,’’ he said. to close with this. You know, people human resources director who’s now Kevin W. Concannon, the under secretary say to me, well, we can’t afford to unemployed, cannot find a job. She has of agriculture for food, nutrition and con- spend any more on hunger programs three boys 18, 14 and 10 years old. They sumer services, argued that since the eat—she stood there crying—one meal changes to the welfare system in the 1990s, because, you know, things are tough the food stamp program was one of the few and the budget need to be tight. a day. If we cut back on food stamps, remaining antipoverty programs that pro- But I would counter, Mr. Speaker, by and because she’s now not eligible, she vided benefits with few conditions beyond in- saying we can’t afford not to. There is can’t get them because her unemploy- come level and legal residence. a cost to hunger in America and that ment benefits take her over the mark, ‘‘The numbers of people on SNAP reflect cost we all pay for: avoidable health so she relies on the Connecticut food the economic challenges people are facing care costs, lost productivity in the bank. across the country,’’ Mr. Concannon said. workplace. Children who go to school And when the food stamps are cut, ‘‘Folks who have lost their jobs or are get- ting fewer hours. These people haven’t been without enough to eat can’t learn in the food banks don’t get the emergency invented.’’ school. That all adds up. That is a huge assistance program funding. So her The study, which examined nine years of cost of billions and billions of dollars ability to feed her family will continue data, tried to measure the program’s effects that we all have to pay. And that to drop.

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.117 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1901 It’s wrong. It’s immoral in a land body would like to do this, they really them? Well, that’s not what the Repub- that has plenty and we are bountiful should walk in people’s shoes and un- lican philosophy is. It’s quite different with food in this Nation. derstand what it’s about. When the than that. I believe that they believe I’m so delighted that our colleague, American people say that they don’t every man and woman is on their own JACKIE SPEIER from California, has believe Congress understands what and should be fending for themselves. joined us tonight for this conversation. their lives are about, in this instance Millionaires and billionaires deserve Ms. SPEIER. I thank my colleague you bear it out. Thank you. the special breaks that they don’t from Connecticut, who says it better Someone whom we are deeply going need. And more hardship for Americans than any of us and with such great fer- to miss in the next session of this Con- who are suffering enough already is vor and passion. gress, there hasn’t been a greater just what they have to do when they You know, there are times here when champion for women and their families happen not to be very wealthy, or in I am elated, and there are times here in the House of Representatives than need. It’s appalling, and it’s shameful. when I’m sick to my stomach. And to- our colleague from California, Con- Mr. Speaker, you don’t need to have night is one of those times when I am gresswoman WOOLSEY. my personal experience; nobody needs sick to my stomach. I am embarrassed Ms. WOOLSEY. I thank the Congress- to. I didn’t have to do the food stamp for this body. woman from Connecticut for this Spe- test for 5 days—I know what it’s like to I’m embarrassed that the Repub- cial Order and for those kind words. live on food stamps. But we, as Ameri- licans want to stuff polar bears and Thank you very much. cans, as Members of Congress, have to bring them back to this country as tro- So let me see, do I have this right? fight with everything that we have to phies for their hunters, but they do not Am I getting it? My colleagues on the protect the nutrition programs that we want to stuff the bellies of poor kids in other side of the aisle think it’s just have in this country because families our country. There is something fun- fine for the wealthiest Americans to in America depend on it. damentally wrong, and I say that with avoid their fair share of the tax burden, Ms. DELAURO. I thank the gentle- a great deal of remorse, really. that it’s fine for a millionaire to pay a lady for her words, and for her telling One in seven Americans now is in lower Federal tax rate than his sec- about her personal experience. poverty and needs to be part of the retary. So, tell me who they believe I’d like to recognize the vice chair of SNAP program. You know, I think it’s should make do with less in order to our Democratic Caucus, the Honorable really important for us to say it over close the budget deficit. Just who do XAVIER BECERRA of California—which, and over again. This program is not they want to sacrifice? Oh, of course, by the way, has over a 19 percent food filled with fraud. those Americans who are barely get- hardship rate. ting by, who can’t afford life’s basic ne- Mr. BECERRA. I thank the gentle- b 1940 cessities without support from the Fed- lady from Connecticut, my good friend This program is one of the best pro- eral Government. ROSA DELAURO, for not just this grams that we run in the government, Mr. Speaker, to convert SNAP into a evening, but for the years of work that where the error rate and the fraud is block grant program and cut nutrition she has done in committee, for her dis- less than 3 percent. assistance would cut a giant hole in trict, and simply in Congress as being Now, I took the Food Stamp Chal- the social safety net. Actually, the one of the champions of not just chil- lenge last fall, and I’ve got to tell you SNAP program is a smart investment dren and families who are in need, but that it was a humbling experience. And in Americans who need help the most. the fight to make sure that all these for every one of my colleagues who It stimulates the economy, it increases families have an opportunity to have want to cut the food stamp program by worker productivity, it’s good for our access to real nutrition, not just food, $33 billion, I challenge them to live on children’s development and academic but real nutrition. Because there were the equivalent of food stamps for just 5 performance. At this very moment, days when ketchup was called a vege- days. I did it for 5 days, $4.50. There when a harsh economy is threatening table. And some people made the fight were no lattes in my diet. There were the security of so many families, we to make sure that nutrition really no Big Macs in my diet. There was no should be increasing these invest- meant good food, so that if we were sushi in my diet. My diet consisted of ments. We shouldn’t be standing here going to help Americans—as we want canned tuna, eggs, one head of lettuce, talking about scaling them back. to, as good Americans, help our fellow and tomatoes for 5 days, and a can of You know, Mr. Speaker—you prob- Americans—then let’s be sure we’re instant coffee from the dollar store. ably don’t know—I know what it’s like doing it so that they end up healthy That’s how I survived. At the end of 5 to be working and still not earn enough Americans as well. days, I thought to myself, I just did to put food on the table. I was a single So we’re here to talk about the Sup- this for 5 days. How about the family mother, it was 45 years ago. I had three plemental Nutrition Assistance Pro- that needs to do this day in, day out, small children, they were 1, 3, and 5 gram, SNAP. SNAP is the acronym. month after month. years old. Their dad was ill, he aban- But really what we’re here to talk What we don’t say often enough on doned us. I went back to work to sup- about is the fact that in America chil- this issue is that you are only eligible port my family. In fact, I had to lie dren still go to bed hungry. It’s hard to for the SNAP program if you are a fam- about my marital status and about my believe, but that’s the way it is for too ily of four making less than $22,000 a childcare arrangements just to get a many families in our country. year. If you make more than $22,000 a job—remember, that was 40 years ago. Now, the numbers are staggering. year, you are not eligible, and the only My salary was not enough to provide They’re staggering because of the Bush place you can go to is the food banks. for the four of us, so to help my pay- recession which left so many Ameri- So if we really are going to be a check cover the basic needs of my fam- cans in a place they had never been be- country that thinks about the poorest ily I went on public assistance—kept fore. In fact, you had to go back some among us, we cannot reduce this pro- on working—and that was how I could 70, 80 years to find a situation similar, gram. We cannot say to those who are make ends meet. But without food when we saw the Great Depression in just making it, who are making less stamps, we never could have made ends America. than $22,000 as a family of four, that meet. As I said, my children were 1, 3, We went from somewhere in the mid- we’re not going to help you put food and 5 years old. They had needs. twenties, some 26 million Americans into the bellies of your kids. Eventually, we got through the rough who qualified for SNAP assistance, to I say to my Republican colleagues: patch and my children grew up to be over 45 million, around 45 million fami- Don’t do this. If you are, in fact, going healthy, successful adults—they’re lies during the height of this Great Re- to vote for this budget, then you take amazing, by the way—but I don’t know cession who qualified for benefits. Most that Food Stamp Challenge for 5 days. what we would have done or how we of those folks who qualified included You see what it’s like and then vote for would have survived without that help. families with children, or seniors, or it. I thank my colleague. In fact, isn’t that what America is persons with disabilities. It should Ms. DELAURO. I thank the gentle- about? When our fellow citizens fall on come as no surprise. But what’s really lady. Your words are poignant. If any- hard times, don’t we pitch in to help disheartening is to see how many

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.118 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1902 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Americans live in extreme poverty, a the computer very much at night. which is the Women, Infants, and Chil- life that most of us would not recog- There are still too many American dren food assistance. In New Jersey, nize. children who are concerned that, when my home State, more than 1 million b 1950 they go to bed, they wish they’d have residents rely on SNAP benefits to something else in their stomachs. I be- keep food on the tables. Then the budg- When we talk about extreme poverty, lieve America has the moral fiber to et, the Republican-Ryan budget, en- we are talking about Americans who say that we’re going to deal with this dorsed by Mitt Romney, would shred are living on less than $2 a day. The problem. our social safety net while cutting number of Americans who were living I thank the gentlelady from Con- taxes for the wealthy. It would cut food on less than $2 a day doubled during necticut for, once again, continuing stamps, as these are generally known, the Bush recession. The number of poor the fight, because the reality is that we by $133 billion over 10 years. children who were in extreme poverty could figure out a way to help million- The authors of this or anyone who doubled during the Bush recession. aires and billionaires continue to be voted for it should walk a little bit in Most of the people we’re talking about, successful and create the next wave of those shoes. I’ve walked in the shoes. as my colleagues have said earlier, are wealthy and successful Americans. At More specifically, I’ve walked down the living on less than $22,000 a year as a the same time, we should be able to fig- supermarket aisle with beneficiaries, family of four. Those in extreme pov- ure out a way to make sure that the with people who work in the food as- erty are living on, obviously, far less. SNAP program is there for Americans sistance programs, with food bank rep- With an individual, not a family but who, through no fault of their own, find resentatives. How does it go? Well, you just an individual, we’re talking about themselves without work and who, can’t buy that. No, you can’t afford someone who would have to have an in- through no fault of their own, are try- that. Oh, Mommy, can I have this? No. come of $11,000 or less to be able to ing to figure out how they will let their We’re going to have to put that back qualify for any assistance with the children go to bed with full stomachs. on the shelf. SNAP program. If we do this the right way, we’ll get it $31.50 a week. Nobody is doing this to What probably makes it the most dif- solved. have a little taste of luxury. Yet we ficult for many of us here in Congress I sat on the Bowles-Simpson Commis- have people come to the floor here in and for most Americans to really grap- sion a year and a half ago, which found the House and say, before any of these ple with as to this issue of food insecu- a way to save $4 trillion in our budget. millions of people get this assistance, rity and children in America going to It did not touch the SNAP program. I they should have drug tests or means sleep hungry is the fact that this Con- sat on the supercommittee, which was tests. I call them suspicion tests. gress is taking on legislation which supposed to also fashion a budget def- Somehow they’re trying to rip us off. would actually provide tax cuts to mil- icit reduction deal, and that task force No, these are not welfare queens. lionaires and billionaires at this very was also going to come up with a deal Look, the average recipient is on these moment that we speak about food inse- that would not have touched the SNAP benefits for less than a year. More than curity. So it is difficult to comprehend program. We can certainly do far bet- half of them go to households where how we could say to Americans today, ter than what we see in the House Re- the income is below half the poverty who are working hard but earning very publican budget, which is going after line. The poverty line is low enough, little and who are trying to figure out the SNAP program. I encourage all of but half of these recipients are at half how to keep their kids from going to my colleagues to stand up, not just for that rate. Nearly 75 percent of SNAP sleep hungry at night, that we still the SNAP program but for Americans participants are in families with chil- have the money to provide tax breaks today, because there are some families dren, and about half are working. to millionaires and billionaires but who tonight are trying to figure out These are working families who are that we can’t figure out a way to con- how they can keep their children from trying to make it. tinue a great program called SNAP going to bed hungry. Is anybody who voted for this budget that relies on our farmers to grow this So I thank the gentlelady from Con- suggesting that the millionaires who food and then to make some of it avail- necticut for all she has done for so long might get an extra $100,000 on average able at a discounted rate to American to champion this issue. submit to a drug test? submit to a families who are having a tough time. Ms. DELAURO. I thank the gen- means test? Are we suspicious of them? This is all about values. This is all tleman. How about the executives of the oil about the American family. It’s all I think one of the most important companies who are getting billions of about whether we believe in the better things that you commented on tonight dollars of benefits in this? Are we going days still to come for our country. was the number of U.S. households liv- to subject them to drug tests or to I happen to be someone who grew up ing below the World Bank measure of means tests in order to show that in a very tiny house—about a 600- severe poverty in developing nations. they’re deserving? square-foot home—with my three sis- That means they’re living on less than My friend from Connecticut (Ms. ters. My father got about a sixth grade $2 a day per person. At the start of 2011, DELAURO) already mentioned the education. My mother came from Gua- we had 1.4 million households, 2.8 mil- United States Conference of Catholic dalajara, Jalisco, Mexico, when she lion children—that’s 800,000 house- Bishops. They wrote: married my father at the age of 18. holds—who were living on $2 a day, and As pastors and teachers, we remind They came to Sacramento, California, we have colleagues in this institution Congress that these—meaning the with only the money they had in their who want to take food out of the budget decisions—are economic, polit- pockets. They never once had to ask mouths of those children. ical and moral choices with human for assistance. They worked very hard. Mr. BECERRA. Some people don’t be- consequences. They were fortunate that they always lieve that that’s the case. That is Please, respectfully, they urge the re- found a way to make ends meet. I America. jection of any efforts to reduce funds or never had the Converse or the Keds or Ms. DELAURO. That is. to restructure programs in ways that the Levi’s jeans. My first bike was a Now I would like to say ‘‘thank you’’ harm struggling families and people bike that my friend was willing to sell to our colleague from New Jersey, Con- living in poverty. to my father and me because he had gressman HOLT, and ask him to join I thank my colleague so much for just gotten a new one, but I never went our conversation this evening. shedding a bright light on this heart- to sleep hungry. Mr. HOLT. I thank my friend from breaking subject. So I will tell you right now that it’s Connecticut. I thank Mr. BECERRA for a different thing to experience some- his heartfelt and very moving remarks, b 2000 thing where the thing you want the and I thank Ms. SPEIER from Cali- Ms. DELAURO. It is a heartbreaking most before you go to sleep is a bite to fornia. subject. And when you think about in eat. Too many of our kids are upset Look at this. Look at this map: 46 that budget when we talk on averages, that they didn’t get to watch that tele- million Americans rely on SNAP. More the number is a $150,000 or a $187,000 vision program or didn’t get to play on than 9 million others rely on WIC, tax break to the wealthiest people in

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.120 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1903 the Nation. They don’t worry what omy stronger. SNAP is the safety net gressional district in northeast Ohio they’re picking up at the grocery store. for millions of people who find them- that are living in poverty, that Buffett They’re eating well. Their kids are eat- selves unemployed for the first time in rule would help pay for the SNAP pro- ing well. Their grandkids are eating their lives. Without SNAP benefits, the gram. Is it insignificant now? well, as ours are in this institution. disabled would suffer. Without SNAP Ms. DELAURO. I thank the gen- But it’s the people that we represent benefits, seniors would be forced to tleman. who are in difficulty, and they need to make the choice between food or a roof My God, what we could do if we had know to look to us to help them when over their heads. Without SNAP, chil- the will to do it. That’s what this is it is so tough out there economically. dren would go hungry. The hungry and about. It’s a question of our values and This program is working in the way the poor and the most vulnerable peo- where our priorities are. Is it about our that it should. ple cannot afford these cuts. Mr. kids, or is it about the richest 1 per- I thank the gentleman. Speaker, they cannot pay all of our cent of the people in this Nation get- Now someone who knows what is bills by themselves. ting $150,000 or $187,000 in a tax break? going on really in the heartland of our Ms. DELAURO. I thank the gentle- The gentlewoman from California has country where they have suffered se- woman, and I also recognize the gen- been extraordinary in her fight for the vere economic depression, and that is tleman from Ohio who as well under- food stamp program, and she hasn’t in the State of Ohio. Let me welcome stands what the effects of this recent been afraid to take on anyone in any to this conversation, our colleague, recession have been to his community, party on this issue of making sure that Congresswoman FUDGE. his State, and the people that he rep- the food stamp program is secure. I Ms. FUDGE. I thank the gentlelady resents, Mr. RYAN. recognize the gentlelady from Cali- so much, and I thank you for your pas- Mr. RYAN of Ohio. I thank the gen- fornia (Ms. LEE). sion on this subject. tlelady, and I’m glad I have the oppor- Ms. LEE of California. Thank you Mr. Speaker, there is a cold and cruel tunity to follow the gentlelady from very much. war being waged on the poor and hun- Cleveland because my district is just First, let me thank my colleague, gry in America. I stand today with my south of her district. colleagues as a voice for the more than As you can see from the map of Ohio, Congresswoman DELAURO, for yielding 46 million Americans who depend on there is severe poverty and food insecu- and those kind words. But let me just the food stamp program. I cannot and I rity in the northeastern part of Ohio, thank you for not only organizing this will not stand by as my Republican col- but all the way down, as you can see, Special Order, but for really continuing leagues attempt to balance the budget all the way into the south. And the to beat the drum so that the country on the backs of these Americans. SNAP program is one program that can understand how important nutri- Yesterday, the House Agriculture we’re highlighting here tonight. tion programs are to our Nation. This Committee unveiled the Reconciliation But I think it’s important for us to is not just a job for Congresswoman Act of 2012. The drafters of this legisla- recognize how this fits into the context DELAURO. This is about her life’s work. tion could have proposed cuts to any of an overall budget that also cuts the So I just have to thank her for her program within the Agriculture Com- Medicaid program by a third. Think leadership. mittee’s jurisdiction; yet they decided about the stress, A, regarding the Republicans are preparing to attack to satisfy reconciliation targets by cut- SNAP program if you’re utilizing it. families on food stamps. They are plan- ting only one program: the Supple- What is that family going to do if a ning to take an axe to one of the most mental Nutrition Assistance Program, third of the Medicaid budget is cut and important protections for the poor, better known as SNAP. The proposal early childhood is cut and Pell Grants children, seniors, the disabled, which would cut more than $33 billion from are cut and student loan rates go up is, of course, the Supplemental Nutri- SNAP over 10 years. and all the way down the line? We’re tion Assistance Program. They are at- Some may try to make you believe talking about putting a huge squeeze tempting to cut up to $33 billion from these cuts only apply to administrative on the poorest people in our society critical, anti-hunger programs even, costs, or they will say that the pro- when we only have 300 million or 400 mind you, as they bring up this bill, posal is an attempt to reduce fraud or million people and we’re trying to com- H.R. 9, the Small Business Tax Cut waste. They are misleading the public, pete with 1.4 billion people in China Act, which is another $46 billion tax Mr. Speaker. A majority of the cuts and 1.3 billion or 1.4 billion people in holiday for the very wealthy. They are will come from benefits. These cuts India. How are we going to be a com- trying to bring this up at the same will take food out of our seniors’ refrig- petitive country? That’s the question time. erators and food from the mouths of that we have to ask here if you can’t When Republicans target programs babies. even get enough food in a kid’s belly that protect vulnerable Americans Nearly half of all SNAP participants before they go to school. from massive cuts that risk making are children. The Republican proposal We need to look at this in the con- millions of children suffer hunger and would not only affect children being text of what are the investments we depravation, they are doing so unfortu- fed at home. Oh, no. That would prob- need to make in order to be a success- nately in the name of fiscal responsi- ably be bad enough. This proposal goes ful country, period. We’ve heard a lot bility and deficit reduction. Yet in the further. The Congressional Budget Of- of amazing stories here tonight, heart- very next breath when they want to fice predicts this proposal would pre- wrenching stories of people who ended give away tax breaks to the already vent more than 280,000 children from up being Members of Congress because wealthy businesses, then those same receiving free meals in school. A school of some of these programs. Who is the deficits don’t seem to matter. lunch is the only meal many poor chil- next generation of leadership? Are we Mr. Speaker, making cuts on strug- dren have every day. Millions of chil- going to invest in them, or are we gling families during hard times is not dren already go to school hungry, Mr. going to say, You’re on your own? only heartless and mean and immoral, Speaker. Now my Republican col- We have now on the other side, Mr. but it also makes no sense because it leagues want to exacerbate the prob- Speaker, the nominee of a major polit- doesn’t reduce the deficit, nor create lem. I wonder, what did children do to ical party in the United States of jobs. Critical programs like SNAP and deserve these proposed cuts? Of all the America saying: ‘‘I’m not concerned WIC not only feed hungry children and programs that could be cut, why at- about the poor,’’ and making light of families, but they support the overall tempt to balance the budget on the us asking people with the Buffett rule economy. Every single dollar of SNAP backs of schoolchildren? to maybe pay a little bit more. You benefits generates a $1.84 in economic In Ohio, more than 1.5 million people know what? They say, oh, that’s not activity, and the Congressional Budget depend on the SNAP program. These that much money. It’s only 11 hours of Office rated an increase in SNAP bene- are our neighbors and our friends who government spending and blah, blah, fits as one of the two most cost-effec- live in rural, suburban, and urban Ohio. blah. You know what? That Buffett tive of all spending and tax options it SNAP is a powerful antipoverty pro- rule can help put food in people’s bel- examined for boosting growth and jobs gram that has helped make our econ- lies. For the 175,000 people in my con- in a weak economy.

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.123 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1904 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Let me tell you today I really had need this helping hand, as one who have witnessed it firsthand in our dis- the privilege to speak—and, Congress- needed a helping hand at a point in my trict. It works, it works well. We need woman DELAURO, I want to say to you life, and it helped me to live the Amer- to set this as a high priority, and I thank you again for this because I ican Dream for myself and for my fam- thank Representative DELAURO for al- know, as I said earlier, this is your ily. lowing me a few moments of time to life’s work. This is not just about your Ms. DELAURO. I thank the gentle- share concerns on behalf of the good job, okay. This is about you as a woman from California, and I want to people that I represent in the 21st Dis- human being. This is about us and our make sure that we have the oppor- trict of upstate New York. values. tunity to hear from three more of our Ms. DELAURO. You represent them But let me tell you, many years ago colleagues and our colleague from New well. I thank my colleague. while I was raising my two small chil- York, Congressman TONKO. Thank you I want to be in a trench with the gen- dren, two little boys as a single moth- for being here tonight. And then we tlewoman from Illinois, Congress- er, I fell upon some very difficult times will hear from Congresswoman SCHA- woman SCHAKOWSKY. She is a tough like Congresswoman WOOLSEY. She en- KOWSKY and Congressman LARSON. fighter, and at the base of that it’s couraged me to talk about this when I Mr. TONKO. Thank you, Representa- about families and their children. Con- came here because, you know what, I tive DELAURO, and thank you for lead- gresswoman SCHAKOWSKY. was so embarrassed I never talked ing us in what is a very important hour Ms. SCHAKOWSKY. I thank you so about it until LYNN WOOLSEY encour- of discussion as we address some of the much for the opportunity to partici- aged me to begin to share my story. critical choices before this House. As pate in this debate where so many of my good friend and colleague, ROSA our colleagues have come down to the b 2010 DELAURO, from Connecticut indicated, floor to talk about it. But I had to go on food stamps to our budget, our budget outcomes are a This is the richest country in the help me just feed my kids during that sum total of our priorities, what has world, and yet one out of five of our very difficult period in my life, and it value in our society. What are those children is considered food insecure, was hard. Again, I was very embar- sensitivities that we express? What are goes hungry. That is such a moral out- rassed. But to this day, mind you, to those outright requirements, basic rage. this day I want to thank my govern- foundational requirements of our soci- You know, the average food stamp ment and the people of the United ety? benefit is $1.50 a meal. That’s what you States for extending this helping hand I would suggest to you that one of get when you’re lucky enough to be to me as a bridge over troubled waters. those basic needs is to enable people to part of the SNAP program. And as this Even though I was embarrassed and have the soundness of nutrition, to en- chart shows, this map shows, it’s ev- didn’t want to be on public assistance, able us to feed families that have stum- erywhere. I actually live in a district I had to for a while, and it was not that bled across difficult times. What we that was considered one of the least I was a welfare queen, but this was a have at risk as we speak here this hard-hit by food insecurity, but that’s very difficult time. Most families, 95, evening on this House floor is the Sup- all relative. 98 percent of the families, don’t really plemental Nutrition Assistance Pro- In the Ninth Congressional District want to be on food stamps. They want gram. in Illinois, more than 11 percent of the to trade their book of food stamps for The SNAP program touches one in households are experiencing food hard- a living-wage paycheck. That’s what seven Americans. That is a staggering ship, the inability to put enough food they want. statistic, and for every $5 in new SNAP on the table. And even the least of the Cutting SNAP, it simply doesn’t benefits that we offer, they generate as hard-hit districts has 7 percent of its make any sense. There are still four much as $9 in economic activity, al- families unable to put enough food on job seekers for every one job in Amer- most a two-time economic factor. In the table in the richest country in the ica, and so we can’t cut the benefits my home district in upstate New York, world. It’s intolerable. that help to keep food on their tables in the Capital Region, some 23,000 You know, the headline today in Po- and provide that bridge over troubled households are utilizing SNAP funds. litico, ‘‘Republicans Ax Aid to the waters until they can get their job. One in four of those SNAP recipients Poor’’ makes me so sad. Who are we as For the life of me, it’s really hard, are 60-years-old and older. a country? What are we as a country it’s really hard to understand how peo- Then we also have situations where where a candidate for President, a Re- ple of faith have forgotten what the three and four have had at least one publican candidate for President, deni- Scriptures say, that we are our broth- member of the family out of work in grates Barack Obama by calling him ers’ keepers, we are our sisters’ keep- the past 12 months. We have many chil- the food stamp president. I’m proud ers. This is the United States of Amer- dren; one in two on SNAP are under 18 that this President wants to defend, ica. This is not a poor developing coun- years of age. protect, and save a program that feeds try. This tells us there’s a growing need so many people. What the Republican budget proposes out there. We have had a tough econ- And here’s what the Catholic bishops is that we will create a country that we omy, and people have stumbled across say: won’t even recognize, one that says go tough times. Why is this so important SNAP, also known as food stamps, for what you know, one that says I got to discuss right now? Because before helps feed millions of households. At mine, you get yours. This 11 percent the end of this month there will be an this time of economic turmoil and cut in food stamps, which the Repub- effort made through this House—they growing poverty, the committee should licans propose, it says you’re on your are asking that the Ag Committee oppose cuts in this effective and effi- own, mind you. You’re on your own, come up with cuts that are brutal. cient anti-hunger program that helps unless you are very wealthy. They are asking for the Ag Com- people live in dignity. I know the American people aren’t mittee to come up with a sum total of I just want to say we are asking for going to go for this. Our values as a $33.2 billion. Put right onto the chop- dignity for Americans that are strug- country won’t allow this kind of cut in ping block are SNAP funds. So we are gling. The average food stamp recipi- the SNAP program. Americans care affecting the weakest amongst us, the ent is only on it for 9 months. One of about the common good, and so I am most hungry amongst us, and we’re not the former recipients called it a tram- confident that the Republicans, the recognizing that those dollars invested poline that helps you get past it. Tea Party Republicans, they are going in these families will recirculate into I’m asking for dignity for Americans to hear from the American people on our regional economies. and saving the nutrition programs, es- this. This is a sound program that ought pecially the SNAP program, the food Congresswoman DELAURO, once again to be continued. There needs to be sen- stamp program. I just thank you for giving us the op- sitivity shown, there needs to be Ms. DELAURO. I thank the gentle- portunity to do this. I thank you be- prioritization of a very important fac- lady. I am delighted to be joined by my cause it is a privilege to be able to tor here. That is sound nutrition for colleague from Connecticut, who is stand up for the 46 million people who our American families. I have seen it, I chair of the Democratic Caucus and

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.124 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1905 whose career, whether it was in the priate values for the country, that has Fifty-two billion dollars in fines on State senate in Connecticut in our leg- to make the appropriate choices. We employers who do not provide govern- islature there or his work here, has all agree on the need to sacrifice, but it ment-approved coverage. Remember been remarkable. At its core, again, has to be shared and shouldn’t be bal- that under ObamaCare not only is are our children and our families. anced on the backs of the middle class there a mandate date for individuals to I recognize Congressman JOHN LAR- and the poorest amongst us. buy health insurance. There’s a man- SON of Connecticut. I thank the gentlelady from Con- date on the employers, the business Mr. LARSON of Connecticut. I thank necticut for her leadership. owners to buy it as well. And upon both the gentlelady from Connecticut and Ms. DELAURO. I thank the gen- is the burden to buy not health insur- the dean of our delegation, the deaness, tleman and I thank my colleagues for ance but government-conceived health I should say, for her tireless work and joining us tonight. insurance, that is, health insurance advocacy on the part of not only the f that the government in its wisdom— citizens of the Third Congressional Dis- GOP DOCTORS CAUCUS: HEALTH our Federal Government—decides and trict of Connecticut but across this CARE’S BROKEN PROMISES deems is proper for us. And so you have great Nation and, I daresay, this globe. to make two fulfillments in that man- The SPEAKER pro tempore. Under I never cease to be amazed by the elo- date. One is to buy health care insur- the Speaker’s announced policy of Jan- quence of our Members, so many of ance and, number two, health care in- uary 5, 2011, the gentleman from Lou- them coming forward and speaking surance that’s approved by the govern- isiana (Mr. FLEMING) is recognized for their minds and speaking from their ment. 60 minutes as the designee of the ma- heart about the people that we’re Thirty-two billion dollars in taxes on jority leader. sworn to serve and represent. This Mr. FLEMING. Mr. Speaker, in this health insurance plans. The actual week in Congress we face, again, legis- hour, I and my colleagues who will be health plans are going to be taxed as lation, rather ironically, where we are joining me very shortly—other physi- well. Now, who is going to pay that deeming, deeming a budget passed, al- cians who are from the GOP Doctors tax? Do you think the insurance com- most as though we would deem that Caucus, perhaps nurses, and other panies are going to pay it? No, it’s the hungry be fed. health care workers as well—in this going to be passed down to you, the Franklin Roosevelt, in another time, next hour we’re going to be talking subscriber, as taxes on business always recognized the great sacrifice that a about our favorite subject, and that is make their way down to the consumer. nation had to endure, and President health care reform. We’re going to be Five billion dollars in taxes from Obama this past January called upon talking about specific aspects, things limits on over-the-counter medication; the shared sacrifice that is required that have actually come to light to us $15 billion in taxes from limiting the amongst a nation, a nation that needs that I think are important. We’re going deduction on itemized medical ex- to pull together in a very difficult re- to have other things that in the com- penses; $13 billion in taxes from new cessionary time. ing days we’re going to learn about limits on flexible-spending arrange- b 2020 how ObamaCare was passed, what ments; $60 billion in taxes on health in- things were done by the other side of surance plans; $27 billion in taxes on And in this time it’s a time where pharmaceutical companies; $20 billion you have to make choices. And those the aisle to make that happen, things that maybe some would call sausage- in taxes on medical device companies; choices have to be based on your values $3 billion in taxes on tanning services; and have to be based, as the President making, others would say it’s im- proper. But we’ll certainly spend some $3 billion in taxes on self-insured said, on sacrifice. Roosevelt called for time on that as the days come. health plans; and $1 billion in new pen- the warm courage of national security I want to continue a theme that alties on health savings account dis- that comes from a shared sacrifice. we’ve been discussing, and that is the tributions. The health care law also in- Forty-six million people receive as- broken promises of ObamaCare. Re- cludes a high income tax. Because it’s sistance, primarily women and chil- member, to get ObamaCare passed, not indexed for inflation, it will even- dren, who get fed and nourished. We’re President Obama made a number of tually hit 80 percent of taxpayers. going to have a debate on a budget that promises. I draw my colleagues’ attention to strikes at the core of this at a time I’ll start with the first one that is this slide: ‘‘ObamaCare’s Rising Tax when we would give tax breaks of $47 relevant to our topic tonight, and that Burden.’’ You can see that the tax bur- billion, while we’re taking away from is: Under my plan, no family making den in 2012, the year we’re in, is $190 for the neediest amongst us? less than $250,000 a year will see any a family of four. That’s $15 billion. You Roosevelt said the problem with our form of tax increase. That was can- see that the burden goes up each year, colleagues on the other side is they can didate Obama, Senator Obama at the and that in the out-years, 2022, it become frozen in the ice of their indif- time, who talked about all the number makes it above $150 billion. In 2032, the ference towards their fellow citizens, of things that were going to be good burden goes well above $250 billion. everyday Americans serving and strug- about ObamaCare; but in fact we see And it finally tops out at $320 billion gling in this recessionary period. And that virtually everything that’s come total, and that’s an average of $3,290 for what do we get in return? We get up, with a few possible exceptions, has a family of four. RomneyCare, we get tax breaks for not been so favorable. BainCapital. We get tax breaks that I think that taxes is really a very rel- b 2030 are coming to the Nation’s wealthiest 1 evant subject to speak about this So what am I saying? Remember that percent at a time where we ask the evening because here we are and today when you hear the rhetoric from the middle class, who is struggling, to pay is the tax deadline for the IRS, and we other side of the aisle, it talks about for it. all have that on our minds. It’s inter- how we should be having more sacrifice We’re out here today talking about a esting, whenever I file my taxes, the from the wealthy and more sacrifice very important program that provides first thing I think about doing is pro- from those who make more. Folks, nutrition to the least amongst us, and jecting into the next year what the we’ve been down this road before. we’re calling for cuts that are not only issues are going to be for me and my Remember the luxury tax that came going to take from them but are going taxes. And so I think it’s only proper out some years ago? What did it do? It to take from students that are trying and the timing is excellent that we killed the companies that made boats to be able to pay off their educational talk about that this evening. and luxury items. It created a lot of job loans. This has got to stop. We’re a bet- Remember, Candidate Obama pledged losses. The people who were hurt were ter country than this. he would not raise any of your taxes the working class people, not the I commend the gentlelady from Con- and promised not to tax health bene- wealthy. They can still buy those necticut for bringing this to our atten- fits. His health care broke those prom- things anyplace they want to. tion and focusing on the needs of a ises at least 10 times. Here’s just a line- We also came up with this silly idea great Nation that in a time of budg- up of some of the taxes that we’re talk- of an alternative minimum tax to etary concerns has to choose the appro- ing about. make the wealthy do their fair share.

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.126 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1906 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Well, we have the AMT today, and ally are. It hasn’t gone down; it’s actu- you’ve had a 10 percent penalty, and where has it gotten us? Because that ally gone up. that was true of HSAs. So that’s been was never indexed for inflation, middle Let’s talk about a couple more taxes, doubled. So ObamaCare has limited the class people are being hit by the alter- and then I’m going to introduce a col- use of health savings accounts, but at native minimum tax. So it’s no longer league here and give him some sharing the same time has made the penalties a tax on wealthy. It is a tax on the time as well. even steeper for using it. middle class, the people that our col- The surtax on investment income, And I can tell you, in my own case, in leagues on the other side of the aisle $123 billion, which begins this past Jan- my own companies, apart from my own talk so fondly of. uary, the creation of a new 3.8 percent medical practice, we have used health That’s an important point, and that surtax on investment income earned in savings accounts to tremendous benefit is that every time we come up with a households making at least $250,000 for to our employees because it has low- tax on the wealthy, it always makes its a couple or $200,000 single. Now this is ered their cost and taken a lot of the way to the working class and the mid- the homeowner real estate tax that anxiety and the fear away from their dle class. you’ve heard about. It was, again, cost in being caught in some sort of ill- Now, why is this? Is this by accident passed in the dead of night. Folks, this ness that would bankrupt them other- or is it by grand design? Well, folks, we is a terrible tax, 3.8 percent on invest- wise. all know that inflation occurs every ment income. An excise tax on charitable hospitals, year at an average rate of about 3 per- Now, when you sell your home, it that’s immediate, $50,000 per hospital if cent, but it’s been as high as 16 percent may or may not be classed as invest- they fail to meet new community in our history. And so any time we ment income, but it can be, it just de- health assessment needs. Section 1411 have a tax law that affects people in a pends on the situation. But it’s not just increases the Medicare hospital insur- certain income, we know that auto- that. If you own any type of other ance portion of the payroll tax, so this matically, over time, people with lower property, if you own stocks and bonds, provision will increase the employees’ and lower incomes, because while their mutual funds, whatever, they could be portion from 1.45 percent to 2.35 per- absolute dollars in value are going to easily subject to this, and it is not in- cent for families making more than go up, the truth is, the purchase power dexed to inflation. $250,000 a year or individuals making of those dollars goes down. So that Again, let me reemphasize this. Yes, above 200. Combined with the employ- pushes more and more people of lower it’s a tax on people who make over ers’ portion, the total rate will in- and lower income levels into higher $200,000 a year, but if you make $50,000 crease by 3.8 percent on every dollar of and higher tax brackets. a year, over time, this will affect you, income over $250,000. So, again, our colleagues on the too, because inflation will bring those And, again, I implore you, I realize, other side of the aisle love all of these dollars up in real terms because of in- hey, I don’t make $250,000, I don’t make taxes on the wealthy, but they can flation, and your buying power will $200,000, but because of inflation—and never make enough money. We’ve stay at the $50,000 level, but you will trust me, with the monetary easing heard in recent days about the infa- show on paper that you’re making and the monetary policies that are mous Buffett tax, the Buffett rule that $200,000, and this tax will affect you. coming out of this administration in would require superwealthy people to So the bottom line here is that half of the last 31⁄2 years—when infla- pay some additional tax. And their own ObamaCare has many taxes, and cer- tion gets going again, which it will side agrees that would only add about tainly they are Trojan horses by any quite soon, you will be driven up into $4 billion per year, not even a drop in explanation; and, yes, they don’t raise those income levels, but your buying the bucket, less than 1 percent of the a lot of revenue at first, but down the power will be the same as it is today. annual deficit. road they raise a lot of revenue, but So, trust me, you’re not getting by So why is that important? It’s impor- not on the wealthy folks, on the middle with anything. You’re going to get hit tant because if you’re going to get class. That’s who’s getting hurt by with this tax just like everybody else. more income from taxes—and I would ObamaCare. The reality is—and I’m going to be argue that you never really get more A medicine cabinet tax, $5 billion be- recognizing my good friend, Dr. income from taxes, but if you think ginning this past January, Americans GINGREY, here in a moment. The re- you can, you can only do it when you are no longer able to use their health ality is ObamaCare includes tons of spread it out among the middle class savings accounts and flexible spending new taxes and tax hikes. Heritage has and the working class. And the way accounts and all those other types of a list of them that shows an increase in you do that, kind of the silent way, the accounts on over-the-counter drugs. So revenue of more than $500 billion in 10 camel nose under the tent, is to pass it that means if you want to use your years. Two examples that clearly hit on the wealthy first, and then, through health savings account to pay for your consumers are the 10 percent tax on in- inflation, it’s passed down to albeit a cold medicine or medicine you’re tak- door tanning services that will raise lower income level but a much larger ing for a headache like Aleve or Motrin $2.7 billion between 2010 and 2019 and, group, because you simply can’t get or something like that, if you want to beginning in 2013, the 2.3 percent excise enough tax revenue by putting a lot of pay for it through your health savings tax on manufacturers and importers of tax on the wealthy. There just isn’t account, you’re going to have to go get certain medical devices that will raise enough wealthy people out there to do a prescription from your doctor. And $20 billion between 2010 and 2019. it. The way you have to do it is push it the doctor is going to say, Look, I’m And I’m just going to just throw in a down where there’s a lot of people, and overwhelmed with all these people couple of more things. that’s the middle class and the working wanting me to do this. We’re going to Remember, this discussion began class. have to charge something for that, so with this being the April 15—April 17 Another slide here, rhetoric versus that means more cost. Ultimately, deadline for your taxes and the Inter- reality on premium cost, the average more bureaucracy, more paperwork, nal Revenue Service. annual cost of family health insurance more cost, and up until now, prior to premiums in the U.S. ObamaCare, that was not the case. You b 2040 Here we are 2012. This is what Presi- could write that off or pay for that out Remember that under ObamaCare as dent Obama in campaigning for of your health savings account. many as 16,000 new IRS agents will be ObamaCare said would happen, that An HSA withdrawal tax hike, $1.4 bil- hired. Estimates vary, of course, and you would follow this blue line down, lion, that began in January 2011. It in- that many have not been hired yet. But and the costs would go down by 2,500. creases additional tax on nonmedical there’s no question about it that the And what are we hearing from all the early withdrawals from an HSA from 10 IRS will be beefed up to the tune of bil- actuaries, the CBOs and others? Not to 20 percent, disadvantaging them rel- lions of dollars in order to make that only will it go up by $393, but we al- ative to IRAs and other tax advantage happen. ready have a differential of around accounts. So, you see, if you have an So, with that, I’ve been joined by my $4,000 from where President Obama said early withdrawal from your IRA or colleague, my good friend, Dr. PHIL we would be today and where we actu- some other type of retirement plan, GINGREY, an obstetrician/gynecologist

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.128 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1907 from Georgia, someone that I look up But we physician Members, the gen- his white paper of last month from the to very much, who’s been a great men- tleman from Louisiana, myself, and policy committee on the Senate side. tor to me and a role model; who was others that have worked in the health Candidate Obama said there was no here as a physician in days past when care industry, all of our—most of our— need for a mandate. This is back in 2008 there weren’t many doctors in the professional lives before we got to Con- in that campaign against Senator Hil- House of Representatives, and has gress, understood far better and knew lary Clinton. helped facilitate, in fact helped start, exactly what the unintended con- Candidate Obama opposed a mandate the GOP Doctors Caucus, which is sequences would be of this legislation. to buy insurance, and made it one of speaking here tonight, and helped grow Mr. Speaker, that’s exactly what the the hallmarks of his primary cam- our numbers from just a handful of gentleman from Louisiana’s been talk- paign. He claimed that penalizing peo- physicians and health care workers to ing about and pointing out in the post- ple for not buying health insurance— now over 15 MDs and upwards of around er presentation, the slide presentation listen to this, Mr. Speaker—was like, 20 total health care workers that we that he has made. I could probably and I quote, ‘‘solving homelessness by have in the House of Representatives take the rest of the hour talking about mandating everyone buy a house.’’ He that I think are making big, big dif- the unintended consequences and list said, President Obama, Senator Obama ferences in particularly health care them. My good colleague and our friend at the time, Candidate Obama, solving policy overall. on the Senate side, the chairman of the homelessness by mandating everyone I yield to the gentleman, Dr. Senate Policy Committee, also a physi- buy a house. GINGREY. cian, orthopedic surgeon from Wyo- Well, this is like solving the unin- Mr. GINGREY of Georgia. Mr. Speak- ming, Dr. BARRASSO, just recently sured problem by mandating that all er, I thank the gentleman very much came out with a white paper on health the rest of us pay for health insurance for yielding, and I thank him for his care policies dated March 13, so just for a lot of people that could afford to kind words. I’m happy to share the about a month ago. And Dr. BARRASSO, buy health insurance but just simply time with him tonight and plan to re- in that paper, Mr. Speaker, lists 10 dif- did not want it. main here on the House floor for the ferent unintended consequences. I don’t know how many millions of rest of this hour. The gentleman from Louisiana’s al- people make more than $50,000 a year I’ll make some comments now and ready mentioned a couple, gone over a or $75,000 a year that really didn’t yield back to the gentleman from Lou- couple; but I’d like to just take a few want, don’t want, would rather pay as isiana, Dr. FLEMING, and maybe he’ll minutes before yielding back to him, a they go. I don’t recommend it. Dr. yield some additional time to me later go over a few of the promises that he FLEMING doesn’t recommend it, Mr. in the hour. has not yet mentioned. One, and this is Speaker. We think they ought to have But, you know, I couldn’t help but a quote from President Obama: ‘‘I will some minimal coverage and certainly notice in the previous hour which was protect Medicare.’’ In a 2009 address to catastrophic coverage; but this is their allotted to our Democratic colleagues, Congress, President Obama promised right, their liberty to choose if they their leadership hour, they went first that he would ‘‘protect Medicare.’’ want to not have that coverage. tonight, and they chose to talk about Well, the President’s health care law, And President Obama’s health care the SNAP program within the Depart- however—Dr. FLEMING may have men- law, as we all know now, created an un- ment of Agriculture. And of course, tioned this—takes more than $500 bil- precedented Federal requirement for SNAP is an acronym for the Supple- lion from the Medicare program and all citizens to purchase a product mere- mental Nutrition Assistance Program, uses that money. Now, he said, and the ly because they exist, because they’re which was formerly known, I think Democrat majority at the time said, living and breathing. And not just a more people would commonly know it well, you know, we’re strengthening product. Under this bill when it’s fully as the food stamp program. And they Medicare. But over $500 billion, more implemented in 2014, the minimal cov- spent the whole hour talking about the than a 10 percent cut per year in Medi- erage requirement, as the gentleman unintended consequences of cutting care over a 10-year period of time, it from Louisiana pointed out, wouldn’t discretionary Federal spending and re- took to create this new entitlement allow them to, let’s say, have a mini- ducing government bureaucracy and program. med policy, as many of the franchisees bloatedness and saying that when you The Medicare actuary has actually do across this country in the fast-food do that, of course, you hurt the poor written that the Medicare cuts cannot industry. and the nearly poor, that they des- be simultaneously used to finance b 2050 perately need these programs. They other Federal outlays such as the cov- made some legitimate points, of erage expansion under this PPACA and They all had to be granted waivers. course. to extend the Medicare trust fund. So here again, another promise made We’re talking about health care in You can’t pay for two things with the and not kept. our hour and, specifically, about the same amount of money. Indeed, I wish I have a couple more that I’ll get to passage of ObamaCare almost 2 years we could. Then maybe folks wouldn’t maybe later on in the hour, but just to ago, indeed, a little more than 2 years have to be on food stamps, as an exam- point that out. And clearly, the Su- ago now to create a whole new entitle- ple. preme Court, I think, now understands ment program for people, the unin- The Congressional Budget Office, on much of that in the testimony they sured, not the folks that were covered that same point, wrote, Medicare pro- heard a couple weeks ago. So I’ll yield under safety net programs like the pro- visions in the President’s health care back to my colleague and stick with gram for children, the SCHIP program plan, quote, and, again, this is the him during the remaining portion of it’s called, the health care program for CBO, ‘‘would not enhance the ability of the time. the poor, Medicaid, certainly not the the government to pay for future Medi- Mr. FLEMING. Well, I thank my program for our seniors and our dis- care benefits.’’ friend and colleague. I’ll certainly be abled Americans under Medicare, but President Obama actually admitted returning back to you for some more for folks that were somewhere in the in an interview, you can’t say that you information that’s very valuable infor- middle that maybe couldn’t afford or are saving on Medicare and then spend- mation. weren’t offered health insurance by ing the money twice. That’s what the I want to get back to and sort of their employer. President said. But that’s exactly what recap some of the things I talked But they never talked about the un- the law does. It spends the same money about, and that is that the taxes are intended consequences of what would twice, undermining, unfortunately, a tremendously increased under happen. I’m sure our colleagues didn’t great Medicare program that needs to ObamaCare. Well, let’s talk about the intentionally pass a 2,600-page bill that be strengthened and protected. That financing of ObamaCare. I’m just going would deliberately hurt anybody. I was one of the promises broken, prom- to stick with the basics. There are a lot don’t think anybody on either side of ises made, but not kept, as Dr. BAR- of ways it is theoretically financed, but the aisle in any Congress would do RASSO, Senator BARRASSO, pointed out. I’m going to tell you maybe the three that, any administration would do Let me add one more. This is No. 5 of major ways that it’s supposedly paid that. the 10 that Dr. BARRASSO mentioned in for.

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.130 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1908 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Well, number one, you heard my erwise go out of business, what’s the now because we’re spending at a level friend, Dr. GINGREY, say that chance they’re going to find doctors? that we can’t afford to repeal it, unfor- ObamaCare actually takes over $500 So what we’ll have is a drop in the tunately. billion—that is, over a half-trillion dol- number of physicians, a steep rise in So here is this chart, which is very lars—from existing Medicare and uses the demand in health care. And so important in this whole discussion. that to subsidize the middle class these people will all end up in emer- Under ObamaCare, there is an income health plans for people below a certain gency rooms. threshold for receiving subsidy. So if income level. We’re going to get to To my colleagues, it’s one thing to your income is just below $100,000 for a that in just a moment—I’m going to have coverage in health care. It’s an- family, a married couple—and I believe draw your attention to this chart and other thing altogether to have access that is a family of four total—if you talk about those subsidies. But not to health care. All you have to do is make less than $100,000, or about $95,000 only does it do that, but as my good look at other countries that have so- here, you’ll get some kind of subsidy friend says, it’s used to extend the life cialized health care—Great Britain, beginning in 2012, 2013. However, that of Medicare. Canada, and many others, and even go subsidy, that line continues out all the So this is basically how it works. The to the extreme steps of Cuba and North way indefinitely, well past 2062 and be- idea of the bill is it takes money out of Korea—they all have coverage, and it’s fore. Now, if you make $90,000 or less Medicare and theoretically makes free. The problem is there’s no access than $90,000 today, with inflation in Medicare last longer—because it’s run- to it. There are shortages. There are those out-years—5 years, 10 years, 20 ning out of money—by taking the same waiting times, as much as 1 year, 2 years, 30 years—you will break through money out of the middle and putting it years to get a CT scan. People are this threshold. So you will not get the at the end. I don’t understand how that dying as a result of that, and they show support, the subsidy in your health can work, but that’s the way it works. up in their statistics. plan in those out-years. You’ll get it That would be sort of like taking The death rates, for instance, from early so that you think you’re getting money out of your paycheck in the breast cancer and prostate cancer in something, but ultimately that’s going middle of the year and somehow living the United States are much lower than to basically go away, and you will not on nothing for about 3 months, and they are in Canada and Great Britain. get that subsidy. then going back to what you took out They have access to the same medica- Now, also, if you make $200,000 or and paying at the end. It makes no tions and the same quality physicians. $250,000 a year, you will be the one pay- sense. The only difference is their health care ing in for those who need this subsidy. Not only that, but it takes the same systems themselves. But you see this line comes down be- $500 billion—and we’ve really honed So let’s get back again. I want to cause people who make $200,000 today, down on this in our committees, and really focus on this topic for a moment in 2022 they will still get a check that Secretary Sebelius had to admit that before I yield time to my friend. And will say $250,000, but it will be more this was true—it takes the same $500 again, back to this idea that many of like $180,000 in today’s dollars. With billion that’s used to prolong the life of the taxes are going to be placed upon each year, it ratchets it down until fi- Medicare to subsidize middle class wealthy Americans in order to pay for nally you get to about 2042, or 2050, in health plans. I don’t know—where I ObamaCare. And I’ll just step back that range. So a check today that says come from in Louisiana, we can’t spend through them again. There is a 40 per- $200,000 on it will buy equivalent to the same dollar twice. You can spend it cent excise tax on so-called ‘‘Cadillac’’ something like $90,000 in those years place A and place B. If my kids want to health plans, which would be health because inflation devalues the actual go to the movies or they want to do plans valued in excess of $10,200 for in- currency that you hold. some entertainment, or maybe they dividuals, $27,500 for families. Those So what you get is a crossover point need money for their education, I can thresholds will grow annually by an in- where you see the subsidy threshold give it to them, and they can spend it flation rate of 1 percent, which is about gets higher and higher. You’ve got to one time. They don’t get to use the a third or less of what it really is. make more and more money to get same dollar twice. And folks, neither So what that means is that, as that subsidy. But even though your in- can your Federal Government. So that ObamaCare unfolds, having an expen- come is the same, or going down, you is really smoke-and-mirrors account- sive gold-plated Cadillac health care actually drop out, and you get a cross- ing. We’ve called them out on it, and plan, you’re going to get taxed 40 per- over point. Where here, even though they’ve really basically admitted cent more for having it. Well, maybe you’re making $200,000 or $250,000, that’s true. that’s justified. But remember that you’re making too much for the sub- But then another way that after a few years, that will not be an sidy, but you’re not making too much ObamaCare is paid for is by over $800 expensive, gold-plated plan; that will to be taxed. And that is the problem. billion in taxes in 10 years, which I’ve be an average plan, and you will again gone over a number of these, and I’m have to pay the same 40 percent ex- b 2100 going to get back to them. It really is cise—bracket creep is what they called Ultimately, over time, ObamaCare not paid for. And we know, we’re get- it back some years ago, and I think it begins to take the subsidies out for ting estimates now showing that as applies here today. those who are middle class and lower, much as 300 to $500 billion is going to Now, again, increases in Medicare and it begins to add taxes on those who be added over the next 10 years in defi- hospital insurance. That’s a payroll tax are middle class and above. That is cits, total debt in that period of time. on people who make $200,000 a year in- very destructive, my friends. That’s So it is not paid for. All of these steep dividually, $250,000 as a couple, again, the way you end up with socialized taxes, all of these smoke-and-mirror only applying to people who are in that health care and with the kind of sys- types of accounting are not going to $200,000-plus range. And then, of course, tem that is working so poorly in many work. I told you the 3.8 percent tax on your other countries. Furthermore, half of the people who investments that are sold for those We still have time to discuss some of are going to get health care coverage who, again, make $200,000 or more. these issues further, so I would ask my cards that they wouldn’t otherwise get Again, we go back to it. Remember good friend from Georgia, Dr. GINGREY, are going to be on Medicaid. Today, the alternative minimum tax. Remem- to elaborate on some of his points to- Medicaid pays on average about 60 per- ber the luxury tax. Remember the tax night. cent of what Medicare pays to health that was placed on oil, the so-called Mr. GINGREY of Georgia. Mr. Speak- care providers, which is already too ‘‘windfall’’ taxes. Ultimately, those er, continuing on the line of reasoning low. So what is the chance that 15 mil- taxes all fell to the middle class and that Dr. FLEMING just outlined in talk- lion Americans are going to come below. Those are the ones who were ing about not indexing these benefits newly on the rolls, and they’re going to burdened with them and why most of for inflation, in fact, another thing carry a card around that pays less than them have been repealed. We would re- that needs to be pointed out is that what the doctor can afford to accept to peal the alternative minimum tax if we under current law in creating these ex- even cover the cost of that care, or oth- could find a way to actually pay for it changes and in trying to help people

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.132 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1909 who are uninsured because it’s not af- leagues are aware. We got a memo if you employ 50 or more people, then fordable to them, we, the taxpayers, today from my committee, which is the you are going to be required by the are going to subsidize people who pur- Energy and Commerce Committee, and Federal Government to provide for chase health insurance on these State particularly from the Subcommittee them a health insurance policy. Again, exchanges even if they make up to 400 on Oversight and Investigations. We this is not just any health insurance percent of the Federal poverty level. have been trying for almost 2 years— coverage, but the one that the Federal For a family of four, that’s $85,000 to the committee staff on Energy and Government, the uncle, demands that $90,000 a year. If John Q. Public knew Commerce and on the Subcommittee of you provide. that we were forcing them to subsidize Oversight and Investigations—to get By the way, we will be voting on a the purchase of health insurance for information from the White House bill, Mr. Speaker, on Thursday on this people making up to $90,000 a year, about all of these backroom deals that House floor—we, the Republican major- they would be appalled; but that, in were cut, negotiated, during the proc- ity. It is a bill introduced by House Ma- fact, is the case. ess of getting buy-in from stakeholders jority Leader ERIC CANTOR, the gen- In just continuing with what my that everybody in the country would tleman from Virginia, to cut by 20 per- friend from Louisiana was talking recognize. cent the taxes on those small busi- about, the other thing is that the law Now, I’m not pointing fingers or say- nesses; and 30 percent of them are prob- also expands the Medicaid program. ing that anybody necessarily did any- ably, in fact, owned and operated by Some States in past years, when times thing wrong; but there is our own women. To give them the opportunity were better, were covering people on American Medical Association, the to hire people and to stimulate the the Medicaid program at more than 100 American Hospital Association, Amer- economy, that, in a way, is another percent of the Federal poverty level— ica’s Health Insurance Plans, AARP, subject, but in another way, it’s actu- indeed, some up to 185 percent or which represents 37 to 40 million sen- ally the same subject, is it not? maybe 225 percent of the Federal pov- iors, and all of these advocacy stake- Mr. FLEMING. Yes. erty level when they could afford it. holder groups in these back rooms. You say that the threshold is 50 em- Yet to actually say in times like these Promises were made, and there were ployees and that they lose certain sub- that we are going to force the States to policy changes in the law in exchange sidies or certainly face more penalties cover people up to 133 percent of the for something special for them. Again, or costs after 50. What is the chance Federal poverty level when they can Congressman FLEMING talked about that a small business that has 49 em- barely afford to cover at the 100 per- sausage-making and the legislative ployees will dare hire another em- cent level is an unfunded and, prob- process, but the President promised ployee? ably, unconstitutional mandate. that all of that would be out in the b 2110 Mr. Speaker, as you know and as my open. Indeed, he said it would even be colleagues know on both sides of the televised on C–SPAN. Here again, Mr. GINGREY of Georgia. That is ex- aisle, this was part of the argument be- that’s promise No. 10. actly the point. They won’t. If they’ve fore the Supreme Court, as was that That’s all we’re asking from the got 49 employees and they really need more publicized argument against re- White House, from the Office of Health 53, they’ll probably hire eight more—or quiring individuals to engage in com- Care Reform—I think Deputy Chief of whatever the math is—as half-time merce under the rules of the Commerce Staff Nancy-Ann DeParle was a direc- people with no benefits because they Clause. So that’s a huge problem. As tor of that effort in the White House— can’t afford to cover their health insur- Dr. FLEMING points out, it will become and they have done nothing for the last ance. It is a job destroyer. It’s not a job even more of a problem because it’s not 2 years but stonewall. We are going to creator. indexed for inflation, and you will have continue to ask for documents of what Then the other situation, of course, more and more people being subsidized. went on behind closed doors so that we is for those that employ significantly I want to get back, though, if the the people, the American people, can more than 50. Maybe they’ve got 1,000 gentleman will allow me a little bit understand how this possibly could employees. Mr. Speaker, these compa- more time, to those failed promises happen, what we now know are the un- nies are going to look at the mandated that I discussed a little earlier. intended consequences. cost of coverage under ObamaCare, and In the Republican health care policy Dr. FLEMING has pointed out in his they are going to say, You know what? report from orthopaedic surgeon and presentation and in his slides with re- Our bottom line will be a lot better if Senator JOHN BARRASSO, which he put gard to the taxation and with regard to we just pay the darn fine. out just last month, let me go straight people thinking that if they like their I think the fine is about $2,000 per to No. 10. We mentioned a couple. This health insurance they can keep it, only year per employee that doesn’t have is broken promise No. 10. Get this, col- to find out that they can’t. Whether health insurance coverage provided by leagues, and this is a quote from Presi- they’re on Medicare Advantage or them. And if they do provide the cov- dent Obama, our 44th President: These whether they get their health insur- erage under ObamaCare, as Dr. FLEM- negotiations will be on C–SPAN. ance from an employer or whether ING points out, Mr. Speaker, today that Candidate Obama promised to tele- they’re working and paying $15 to $20 a would be $12,000 a year probably for a vise all health care negotiations on C– week for a minimal coverage plan that family policy, but 10 years from now, it SPAN. The process that created the has catastrophic protection without could be $18,000 a year. The only groups President’s health care plan was waivers, all of those plans will be taken that are held harmless from that in the plagued, unfortunately—and it wasn’t away from people even though they taxation of these so-called Cadillac on C–SPAN—with backroom deals like like them. plans are guess who? The unions, orga- the Cornhusker kickback, Gator aid So, again, the problem is unbeliev- nized labor. and the Louisiana Purchase, cutting able, and the unintended consequences These are all good points that people special deals with Senators from cer- are unbelievable. Unfortunately, you’d need to understand, the unintended tain States. You don’t have to be a ge- better believe it, because it has hap- consequences of the Federal Govern- nius to figure out what those three pened. ment trying to meddle in the market- States are. Mr. FLEMING. Would you touch a place and treat health care—one-sixth The President, indeed, even conceded moment, Dr. GINGREY, on the fact that of the economy—just like it’s any the process—and he said—legitimately while we’re trying to expand coverage other business. You can’t do that. The raised concerns, not just among my op- and all of those things that there will American people know it and they hate ponents but also among supporters, actually be people who will be pushed it. that we just don’t know what’s going off their coverage of the health care Mr. FLEMING. I thank the gen- on; and it’s an ugly process, and it they have today, such as by their em- tleman. Again, great points. looks like there are a bunch of back- ployers. Would you expound on that. Estimates are as high as 20 million room deals. Mr. GINGREY of Georgia. I thank Americans who are on insurance today Mr. Speaker, there were a bunch of the gentleman for pointing that out, through their employers, happy and backroom deals, and I think our col- because the law very specifically says, satisfied with the coverage they have,

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.134 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1910 CONGRESSIONAL RECORD — HOUSE April 17, 2012 that will be pushed off. Why? Because Medicare that many Americans enjoy you saying is that if the trust fund be- the employer, the business will find it and love. It forces over 7 million sen- comes insolvent and there are checks at least financially reasonable and per- iors out of their current Medicare plan. going out to physicians across Amer- haps beneficial to just pay the fine, Fifteen percent of hospitals, nursing ica, we can’t just connect a line over to push the employees out into the mar- homes, and home health will close be- the general budget and say we’re going ketplace, make them go into the ex- cause of Medicare paying less under to cover the bills. No, they don’t get changes and force them to have to deal ObamaCare. paid. Checks will bounce. This is a with the realities of ObamaCare. Again, you can’t cut out over $500 bil- problem that must be solved. I know that people hearing me say lion without cutting out reimburse- So to recap in the final moments this would say, Well, that’s cold- ments for something, and that’s where that we have—and I want to thank my hearted. If you really love your em- it’s going to be. It’s going to be hos- good friend, Dr. GINGREY, for joining ployees—and I have a small business pitals, nursing homes, home health me this evening. We really have a and we employ considerably more than agencies, and many other types of serv- strong group of physicians and nurses 50 employees, and I love my employees ices that Medicare provides. and other health care workers in the and I want them to have the best pos- The CBO estimates that Medicare GOP Doctors Caucus. We hope to be sible coverage. But look, if I have a prescription drug coverage premiums joined by some more next year as a competitor out there who can lower his will increase by 9 percent as a result of matter of fact. We feel like the physi- cost by pushing his employees out and ObamaCare. Mr. Speaker, this is not a cians are a strong force in the U.S. paying a penalty and then I go and do tax. It’s not an expense just on the Congress, not just because they know the right thing and pay that, then he’s wealthy. It hits the middle class and and understand the health care econ- going to be able to sell his product at the poor as well. omy, which is very unique, but also be- a lower price than me. That puts me Finally, the CMS actuary projects cause physicians are unique in a way out of business. Now not only do my the Medicare program could be bank- that we want to make a diagnosis and employees not have health insurance, rupt, as I mentioned before, as early as we want to treat and we want to cure. they don’t have a job. 2016. Medicare costs are projected to We’re not about kicking the can down Back to this 50 threshold. Any time grow substantially from approximately the road. We want to cure the disease you have a law in the United States 3.6 percent of the size of our economy, or solve the problem and move to the that penalizes an employer for hiring the GDP, in 2010, to 5.5 percent by 2035. next one, and so the more physicians above a certain level, that is a terrible That’s the Medicare trustees. we have here, I think we will. law by itself. It is disincentivizing an The physician payment formula in b 2120 employer who is going to say, Well, I’m Medicare needs to be fixed or seniors not going to grow my business. If I may lose their doctors. It costs $316 bil- But again, I want to just reiterate for can’t grow it by leaps and bounds and lion. We’re hearing all over America my colleagues that just because you take tremendous risk and in the proc- about physicians who are beginning to have a card that says you are entitled ess bring in so much money to cover back away from seeing Medicare pa- to care in the United States does not that incremental cost of health care, tients. Not because they don’t want to, mean you have access to it. I want to I’m not even going to try it. In fact, I not because they are not willing to sac- reiterate that. Just because you have a may just close my business down alto- rifice, but because if they do, they go card, just because you have coverage gether. out of business and they can’t make it. does not mean that the doors will open In the remaining moments we have— Already access is an issue because of for you, and this is where our col- and I’ll be happy to give Dr. GINGREY money problems. Twelve percent of leagues, I think, are misguided on the even further time to add some addi- physicians stopped seeing Medicare pa- other side. tional comments—I just wanted to go tients due to the broken physician for- ObamaCare is all about giving cov- back again to this broken promise that mula that we have and that cannot be erage, all about giving cards to people, was mentioned before both by Dr. resolved and our friends on the other but it does not protect their access to GINGREY and myself, ‘‘I will protect side refuse to address. care. Because, in fact, under their sys- Medicare,’’ President Barack Obama, In our closing moments, I would be tem, which is basically based on a so- September 2009. He promised he would happy to yield to the gentleman, if he cialized model, the only way that the protect Medicare. has any comments. government will be able to afford it, Where are we today? The Repub- Mr. GINGREY of Georgia. Mr. Speak- and taxpayers in general, will be to licans, through the Ryan plan, a very er, I thank my colleague. create long lines, create shortages, and good plan, a very good budget, have a I did want to make one other point. say ‘‘no,’’ to be traffic cops to people. solution that will make Medicare sus- Actually, our colleague on the other And you know what? The parts of our tainable for an indefinite period of side of the Capitol in the Senate, Sen- health care system today that are gov- time. The Democrats in the House say, ator TOM COBURN, OB/GYN and family ernment-run, already before No, we’re not in for that. We’re not in practitioner, a great physician from ObamaCare, we are already seeing spot for anything. We have no ideas. Oklahoma—I hate that he’s retiring at shortages; chemotherapeutic agents, I’ll remind folks in this body that the the end of this term. He has been a fan- injectable drugs, that are otherwise actuaries, the CBO, and all of the au- tastic contributor to this debate. He not expensive, but because of the thorities tell us that Medicare runs out has pointed out recently, Mr. Speaker, quirks of this socialized, government- of money, becomes insolvent, becomes if people think that once the Medicare, run, highly bureaucratic system, we’re bankrupt in 4 to 8 years. So it’s time the hospital insurance trust fund be- finding that the manufacturers can’t that somebody comes up with a plan. comes insolvent, whether it’s 2016 or make them because they don’t get We have a plan. We had one this year. 2020 or 2024, at the very latest, that enough reimbursement to cover their We had one last year. We modified it a doctors cannot be paid on their Medi- cost. little bit to make it one that, I think, care claims, their hospital part of So what happens is they slow down, Democrats could accept, and they still Medicare, even if the Federal Govern- or stop making them altogether, and have not signed on to it; although, we ment wanted to honor those claims be- we have diseases and cancers out there have one Democrat in the Senate who cause the trust fund is insolvent and today where physicians are scrounging has, so it is bipartisan. But the Presi- pay those claims out of the general around looking for the correct dent made the promise and the Repub- treasury as Dr. COBURN correctly chemotherapeutic agent which would licans in the House are trying to keep points out, they cannot do it. And yet cure their disease, and it’s very inex- it, and Democrats will not go along we are whistling past the graveyard, pensive and has been around for many with that. fiddling away while Rome is burning. years, and we have to even look to Again, to recap: ObamaCare cuts as That’s what we’re getting out of this other countries to supply that. much as $575 billion from the Medicare administration. With that, I look forward to our next program; $200 billion from Medicare Mr. FLEMING. That’s very impor- GOP Doctors Caucus. I always enjoy Advantage, which is a private form of tant, because what I’m understanding this. I hope that those in this Chamber

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.136 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1911 who listen to this find it at least some- their fair share, is probably not being in some places I have seen $5—cer- what informative. honest. They’re just probably not being tainly, over $5 for some time this year Mr. Speaker, I yield back the balance honest, because if they think through in some of the premium gasoline lines. of my time. their proposal, if they will look at cur- The wealthiest, they’re not really f rent history, if they will look at imme- bothered. It’s an inconvenience. They diate past history and long past his- can choose to live in an estate out in TAXES, ENERGY, AND OTHER tory, what they find is this. If you’re a the country. They can choose to live in ISSUES OF THE DAY union worker, if you’re a mechanic, if a town home worth millions in the The SPEAKER pro tempore. Under you’re working on an oil well some- middle of town, or they can choose to the Speaker’s announced policy of Jan- where, if you’re working as a waitress, live on an island. They can choose to uary 5, 2011, the Chair recognizes the you’re working in a restaurant, you’re live anywhere. Because of the Internet, gentleman from Texas (Mr. GOHMERT) working in a pharmacy, you’re working the telephone, Internet meetings, the for 30 minutes. in any of millions of businesses across wealthiest among us can do their busi- Mr. GOHMERT. Mr. Speaker, these America, and you’re not rich, you’re ness from anywhere. are interesting times we live in, and part of the working middle class, you So it becomes very clear that the I’ve appreciated my friends, my doctor cannot move if you get taxed a higher only reason somebody really intel- friends. We have got two physicians amount because you are reliant on that ligent that understands what is going who would certainly like to help heal job. on and is willing to look at historical America, but we have people in power- Taxes, no matter what kind of tax precedent, anybody that’s really going ful positions in the Senate, as well as you put in place, it’s most likely only to be fair, will realize the only reason the White House, that don’t appear to going to affect those who are in the they would say we’re going after the be interested in their prescriptions. I middle class, no matter what else you wealthiest among us is for political sure am, and I appreciate their obser- do, because only the wealthy are not gain, because they’re going to drive vations. Also, they alluded to some of tied to a restaurant, to a car company, them out of the country otherwise, or the energy issues before us in the coun- to an auto manufacturer, to an auto re- drive them out of the State or city try right now, and that’s certainly pair place, they are not tied to those. where the taxes are going to be raised worth noting. They can own them, and they can live dramatically. First, I want to address something in the next State or the next country, The thing to do that’s fair for those that we are hearing that the President, but they don’t have to actually live at of us who want those making more over and over and over, he is spending the place of business they’re making money to pay more and those who are millions and millions of tax dollars money from. making less money to pay less, those of running around the country telling When you go after the wealthiest in us that feel that way, many of us have people that the cure to what ails us America and want to make them do begun to say, To do that, let’s have a and the cure to all unfairness is the the morally fair thing because, without flat tax. Some, like Steve Forbes, have Buffett rule. We are told that since Congress passing a law, these wealthi- been saying it for a long time. Buffett may pay a lower percentage est among us can’t make themselves do The Heritage Foundation has got a than his secretary, Warren Buffett and the moral and fair thing, according to new flat tax proposal that looks to the President are saying we need to tax their own words—Gee, we can’t do it have wonderful merit. There are a the wealthy more. unless Congress makes us—what you number of flat tax proposals. Steve We found out the President pays, ap- do is tell the wealthy, we’re going to Forbes was at a 17 percent flat tax, it parently, a lower tax rate than his sec- slap a big old tax on you, and the doesn’t matter how much you make. In retary, 20 percent compared to a higher wealthy can say, no thank you. I look my conversations with Art Laffer, he percentage that his secretary pays, and stupid, perhaps, but I’m not that stu- said you can have a flat tax and actu- it leaves some of us baffled. If some- pid. That’s how I have either gained or ally even be lower than 17 percent—I’m body really feels that it’s fairness or a been able to hold on to my wealth. So looking forward to getting the full de- moral issue for Warren Buffett and the I’m moving. I’m voting on where I tails—and have two deductions, one for President to pay more taxes than their want to live with my feet, and they home mortgage interest and one for secretaries, then at least have the mo- pick up and they go to where there are charitable contributions. I’m not talk- rality to do it. Don’t come to Congress less taxes. ing about when you give underwear to and say we demand you pass laws to We’ve seen it in the wealthiest mov- some charity and say, Congratulations, force us to do the morally right thing ing from country to another country, you’ve now got my undergarments. I’m because we’re not going to do the mor- or island, or buying an island. We have talking about real charitable contribu- ally right thing unless Congress passes seen that repeatedly. If the govern- tions. a law making me, Warren Buffett, me, ment says, gee, well, we’ll outsmart Make those things deductible, but President Obama, do the right thing. the wealthiest among us. They’ve otherwise eliminate all the loopholes, We can’t control ourselves and make moved to another country, so we’ll fig- whether it’s 12, 17, and the economy ourselves do the morally proper thing, ure out a new way to go after the would explode. There would be more the fair thing, unless Congress passes a wealthiest. And every time it fails to jobs available. And at this time when law. work. there are so many that are just on the Really? Is that what we have come So after a while you get the idea, edge of desperation, when they don’t to—that the leader of the free world wait, let’s look historically, every time know what they’re going to do, they just down Pennsylvania Avenue has to a city, state, or nation goes after the can’t keep paying $4 a gallon for gas, have Congress pass a law to get him to wealthiest people in the world to make for those who have been looking so do what he says is the moral and fair them pay higher taxes, unless the long, the millions that are out of work thing to do? Come on. Are we in that whole world collaborated at the same because they just got tired of looking bad a shape now? time to make it happen, they will sim- so they’re not counted in the unem- I have had one of the smarter econo- ply move. ployment numbers. mists in the country, Art Laffer, Ron- So we realize, gee, the unemployment ald Reagan’s economic adviser—what a b 2130 is probably much, much, much worse great guy. Served us good spaghetti The middle class cannot do that. The than the administration is telling and meatballs at his home in Nashville. middle class does not have that luxury. folks. For those folks, I would like to I personally got to try them out. Won- If you’re very wealthy and gas goes to provide a little hope. It won’t be under derful family, delightful family, a bril- $4 or $5 a gallon, it’s an inconvenience this administration; but if we have a liant economist. and you can’t be tied up with trivial different President and we get a dif- I have had him explain to me how details like gas going up $1 a gallon or ferent majority in the Senate, it truly anybody who says we’re going after the $2 a gallon or, like it has under this ought to be spring time in America, rich, we’re going to go after the rich, President, go from $1.80-or-so up to $4. figuratively, as it is literally right and we’re going to make them pay And now we’re heading toward $5. And now.

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.138 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1912 CONGRESSIONAL RECORD — HOUSE April 17, 2012 We now know, many of us, we can be more Social Security money going out rocket.’’ I would love to have seen that energy independent. Seven years ago, than Social Security tax money com- promise broken, yet that seems to be when I got to Congress, I didn’t think ing in. one of the very few that’s been kept. so. The natural gas we’ve found is ex- Well, this President doubled down, Energy prices have necessarily sky- traordinary. And how have we done it? and in what is a divisive—I guess, to rocketed. And then we find out today, The technology has gotten so good at use his terminology—divisive, because hydraulic fracking has deliv- slanting holes, the technology has got- dismissive gesture from this adminis- ered the ability for this Nation to be- ten so good in sealing the hole and tration, we have undercut our seniors. come energy independent, today, the fracking a formation. And for those This administration has been pushing EPA has declared war on hydraulic that understand how it works, if you do to gut the Social Security trust fund. fracking. not have a sealed formation there, and And it has done so. People are desperate. The rich—we’ve you frack, then you have lost the for- Now, the friends in the mainstream seen how this works. The President mation. There will be no pressure to media, trying to cover for the Presi- calls the wealthiest among us, the Wall bring the oil or gas up. dent, are not talking about the fact Street folks ‘‘fat cats.’’ All they have We’ve also had hearings in Natural last year there was 5 percent of Social to endure is a little name calling from Resources—and Chairman DOC HAS- Security payments that we didn’t have the other end of Pennsylvania Avenue, TINGS has done a great job there—we’ve money to pay from the Social Security and in return, they get richer than had hearings and we’ve discussed a lot trust fund payments coming in. So we they’ve ever been. Most people can en- of these things. And we have some had to borrow around 42 percent of the dure a little name calling by an indi- Chicken Littles in the Interior Depart- rest, and we had to take tax money to vidual when they know the individual is going to see that they’re wealthier ment, Energy Department, and the make up the rest. And there’s projec- than ever. Wall Street has done pretty EPA running around saying, gee, hy- tions that though it was a 5 percent well under this administration. It’s draulic fracking keeps polluting drink- shortfall last year, it will likely be 14 done a lot better than most of Amer- ing water. They’ve shut wells down. or 15 percent this year. That’s not a And each time when they’ve brought in ica. good road to stay on. Americans deserve better. The Presi- the scientific study to actually ana- b 2140 dent says he’s going after Big Oil, de- lyze—because there has been some claring war on Big Oil. Well, this is one drinking water polluted by some- It is a road to Greece. It is a road that will so undercut our senior citi- of the few areas where the President thing—but when they analyze, they actually does have a substantive plan find there is not anything that was uti- zens, who deserve better from every ad- ministration, including this one. Sen- to go after what he calls ‘‘Big Oil.’’ lized in the hydraulic fracking process Well, we’ve learned from the way Wall that was able to make its way through iors have been hurt by this administra- tion, 5 percent last year, 15 percent Street has been handled, call them the thousands of feet of rock formation names but make them richer than ever. to get to the drinking water and that this year, and if we don’t get a dif- ferent administration and a different Say you’re going to war against Big there is nothing in the polluted drink- Oil, and what happens? We get this pro- majority in the Senate, it’s going to be ing water that could possibly have posal in writing from the President, worse after that. It will be 45 percent come from the fracking. this is his Jobs Act, and subtitle D of the next year. If it triples in 1 year, it Yet this President keeps saying, I’m the President’s job act is entitled, ‘‘Re- could triple again. We’re in trouble if for all of the above. And the best I can peal Oil Subsidies.’’ figure is when he says I’m for an all-of- we continue the policies of this admin- Well, that word is extremely dis- the-above energy process, it means: I’m istration. ingenuous. The President uses it all for anything we don’t get out of the Now, since hydraulic fracking has the time, but the word, if you look it ground. So we’ll give hundreds of mil- brought us 100 to 300 years of natural up, means a grant or gift of money. lions, actually billions, of dollars to gas, even at vastly expanded rates of There is no grants or gift of money. dear friends who have bundled money usage, we could be energy independent, There are tax deductions for expenses. for the President’s reelection and origi- we could put not merely city buses on So he says he’s going after Big Oil, but nal election and we’ll give them those natural gas, but move cars to natural if you look at the specific deductions billions of dollars and say, Go try to gas. At the same time, the Bakken that he now has in print that he is make solar panels, even though it’s not play up in North Dakota has found a going after Big Oil with, what do you financially feasible. It’s not a viable huge amount of oil we didn’t realize we find? You find out these deductions enterprise. Go do it and I will help you had. And in northeast Utah, northwest don’t help Big Oil companies. It’s so by giving billions of dollars—42 percent Colorado and southwest Wyoming, we marginal, it’s a drop to them. Who it of which we’re having to borrow. We’ll are told there are tremendous amounts will devastate and put out of business give them all that money. of energy. We’re told there’s clean coal are the independent oil and gas opera- Some day we should be able to use technology. tors who drill 95 percent of all the oil solar energy; but for heaven’s sake, we And what’s the answer from this ad- and gas wells in the continental U.S. should not be depriving our Social Se- ministration? Let’s shut down any use There is a repeal in here by the Presi- curity funds of money while this Presi- of coal. Why? Because this administra- dent of the deduction for intangible dent is giving away billions of dollars tion has ‘‘all of the above’’ as their en- drilling and development costs in the to cronies for energy ideas that don’t ergy policy, which means they’re not case of oil and gas wells. There is a re- work and that are not feasible and that going to use coal because it comes from peal of the percentage depletion for oil are bankrupting America. And yet underground. and gas wells, there is a repeal of the that’s what’s been happening. A 2 per- We in the United States have been deduction for injectants, and there is a cent payroll tax cut for workers to di- blessed beyond measure. We have more repeal of the oil and gas working inter- vide Americans. natural resources and more energy est exception to passive activity rules. Seniors have been told, You don’t than any nation in the world. China, Now, if anybody is interested in real- have to worry. This Democratic admin- Russia, you name it—we’ve got more ly finding out the truth, they can go to istration is going to make sure we take natural energy than anywhere. And major oil companies and ask them, care of our seniors. And the very times this administration has continued to would these repeals of these deductions that’s being said, they are gutting the put our energy off limits. The second- really hurt you as a major oil company Social Security trust fund. Even largest coal deposit in the world is in in the world? And the answer would be, though it’s IOUs going in there, there’s Utah, we are told, and it was put off- no, not really. You can go to the ac- Social Security tax money that has limits by President Clinton. countants, as I have, for independent been coming in since the 1930s in This administration, of all the cam- oil and gas operators and say, if these enough sufficiency to pay for the out- paign promises you would hope the ad- are repealed, would it affect inde- going checks. It was not supposed to be ministration would break, you would pendent oil and gas operators who drill for many years that we were supposed hope they would break the promise to 95 percent of the oil wells in the conti- to reach that point where there was see energy prices ‘‘necessarily sky- nental U.S.? And the answer is, it will

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.140 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 17, 2012 CONGRESSIONAL RECORD — HOUSE H1913 devastate them. Not only is he going People shouldn’t have to pay $4 a gal- EXECUTIVE COMMUNICATIONS, after the deductions that keep them lon. And as soon as this President ETC. afloat, they’re going after the invest- takes substantive actions, just to an- Under clause 2 of rule XIV, executive ment in oil and gas wells by the main- nounce that he’s going to take sub- communications were taken from the stream public. stantive actions, not to declare war on Speaker’s table and referred as follows: Now, if you’re British Petroleum or hydraulic fracking as they have now, 5658. A letter from the Director, Policy Exxon, you don’t put out a proposal not to declare war on oil companies in Issuances Division, Office of Policy and Pro- that says, we’re drilling a well, and North Dakota because there have been gram Development, Department of Agri- here’s the proposal, here’s the geology, eight mallards that died that had some culture, transmitting the Department’s final here’s the other wells in the area, oil on them and, therefore, they have rule — Changes to the Schedule of Oper- here’s what we think it will do. And if the Justice Department under the ations Regulations [Docket No.: FSIS-2010- you invest X amount of dollars, then President’s thumb who is prosecuting 0014] (RIN: 0583-AD35) received March 28, we will give you X percentage amount 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the the oil companies for violations of the Committee on Agriculture. of the working interest in this well. Migratory Bird Act even though 5659. A letter from the Director, Regu- That’s the kind of proposal inde- they’ve got windmills they support latory Management Division, Environmental pendent oil and gas companies have to that are chopping them up by the thou- Protection Agency, transmitting the Agen- make to get investments for people to sands and thousands. cy’s final rule — Bacillus pumilus strain invest in their oil well. If they hit a No, don’t go after the windmills. GHA 180; Exemption from the Requirement gusher, hit a huge well, then those who They’re above. So when the President of a Tolerance [EPA-HQ-OPP-2010-0536; FRL- invest and take a percentage of the 9343-1] received March 23, 2012, pursuant to 5 says he’s for all of the above, that in- U.S.C. 801(a)(1)(A); to the Committee on Ag- well will do very well. If they hit a dry cludes all of the wind being generated riculture. hole, then they lose money. And when here in Washington and other places 5660. A letter from the General Counsel, you invest in a dry hole and it costs where there are windmills that are Federal Housing Finance Agency, transmit- you money, you would hope you would driven by the hot air. ting the Agency’s final rule — Private Trans- be able to deduct your expenses of the It’s time to start saying what we fer Fees (RIN: 2590-AA41) received March 16, investment that failed. mean, so that when this President tells 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the What this President is doing not only Committee on Financial Services. the leader of Israel, ‘‘I have your 5661. A letter from the Director, Regu- is going to destroy the independent oil back,’’ the leader of Israel doesn’t real- latory Management Division, Environmental companies by taking away deductions ize he’s got to put on something that Protection Agency, transmitting the Agen- that keep them afloat and keep them will stop a knife coming from the back. cy’s final rule — Approval and Promulgation able to keep drilling another well, he is It’s time for our allies to know we sup- of Air Quality Implementation Plans; Maine; going after their investments. port our friends, and we’re going to Regional Haze [EPA-R01-OAR-2010-1043; A-1- So once you begin to see these spe- stop supporting and trying to buy off FRL-9652-1] received March 23, 2012, pursuant cifics, you realize—and there are some our enemies. It’s time to bring peace to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. other things in here, repeal marginal and prosperity back to the continental 5662. A letter from the Director, Regu- well production, repeal of enhanced oil U.S., all 50 States, all our territories, latory Management Division, Environmental recovery—when you see the specifics, by truly having an all-of-the-above en- Protection Agency, transmitting the Agen- you realize, oh, wow, maybe he doesn’t ergy policy. And if we want to pursue cy’s final rule — Protection of Stratospheric know that he will destroy oil and gas renewables, don’t be letting the Social Ozone: Amendment to HFO-1234yf SNAP independent operators. Maybe he Security trust fund or the tax money Rule for Motor Vehicle Air Conditioning doesn’t know. But it doesn’t take a ge- dry up and leave seniors so vulnerable. Sector [EPA-HQ-OAR-2011-0776; FRL-9651-3] nius to realize if you put oil and gas (RIN: 2060-AR20) received March 23, 2012, pur- Don’t take away $500 billion from suant to 5 U.S.C. 801(a)(1)(A); to the Com- operators out of business who are the Medicare and hurt the seniors like that mittee on Energy and Commerce. independents, who are not big enough as ObamaCare has done. Don’t do those 5663. A letter from the Director, Regu- to have all the employees they need to things. latory Management Division, Environmental do the drilling, who have so many sub- If you want to go spend billions giv- Protection Agency, transmitting the Agen- contractors who go out and eat and go ing it to your friends in solar energy, cy’s final rule — Quality Assurance Require- to the entertainment places and they for heaven’s sake, let’s start leasing ments for Continuous Opacity Monitoring go invest in things around town, and the Federal land like it used to be Systems at Sationary Sources [EPA-HQ- OAR-2010-0873; FRL-9653-3] (RIN: 2060-AH23) they go buy clothes—those people, done, and then use 25 percent royalty, received March 23, 2012, pursuant to 5 U.S.C. those subcontractors, their subcontrac- use part of our royalty, to throw away 801(a)(1)(A); to the Committee on Energy and tors, all of those people will be without on the President’s friends, not be bor- Commerce. anything to do because this adminis- rowing from China, not be taxing peo- 5664. A letter from the Assistant Director, tration says he’s declared war on major ple to give to his buddies, and we can Policy Division, Office of Foreign Assets oil, but instead, it’s really a war return to springtime in America. Control, Department of the Treasury, trans- against independents. Thank you, Mr. Speaker. I yield back mitting the Department’s final rule — Ira- If he stops 95 percent of the drilling nian Transactions Regulations received the balance of my time. March 16, 2012, pursuant to 5 U.S.C. for oil and gas in the continental U.S., f 801(a)(1)(A); to the Committee on Foreign Af- then what happens to major oil? fairs. You’ve eliminated all of their competi- LEAVE OF ABSENCE 5665. A letter from the Assistant Attorney tion among the small independents. By unanimous consent, leave of ab- General, Civil Rights Division, Department of Justice, transmitting the Department’s Well, what does that mean? Well, there sence was granted to: are only a small number of massive final rule — Nondiscrimination on the Basis Mr. MARINO (at the request of Mr. international oil and gas companies of Disability by Public Accommodations and CANTOR) for April 16 and today and the in Commercial Facilities; Swimming Pools comparatively, and you’ve wiped out balance of the week, on account of [CRT Docket No.: 122; AG Order No. 3326-2012] their competition in America. It means medical reasons. (RIN: 1190-AA68) received March 16, 2012, pur- they will charge more for gasoline, suant to 5 U.S.C. 801(a)(1)(A); to the Com- more for diesel, and there’s nothing we f mittee on the Judiciary. can do about it because they’re the ADJOURNMENT 5666. A letter from the Chief, Trade and only ones that have any energy. Commercial Regulations Branch, Depart- Mr. GOHMERT. Mr. Speaker, I move ment of Homeland Security, U.S. Customs b 2150 that the House do now adjourn. and Border Protection, transmitting the De- Right now, before this President fin- The motion was agreed to; accord- partment’s final rule — United States-Korea ishes driving or trying to put independ- ingly (at 9 o’clock and 53 minutes Free Trade Agreement [USCBP-2012-0007] p.m.), under its previous order, the (RIN: 1515-AD86) received March 28, 2012, pur- ents out of business, we’ve got to stop suant to 5 U.S.C. 801(a)(1)(A); to the Com- this train wreck that’s coming. House adjourned until tomorrow, mittee on Ways and Means. This should be springtime in Amer- Wednesday, April 18, 2012, at 10 a.m. for 5667. A letter from the Chief, Publications ica. It should be a time of renaissance. morning-hour debate. and Regulations Branch, Internal Revenue

VerDate Mar 15 2010 05:20 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.142 H17APPT1 tjames on DSK6SPTVN1PROD with HOUSE H1914 CONGRESSIONAL RECORD — HOUSE April 17, 2012 Service, transmitting the Service’s final rule the Thrift Savings Fund are subject to cer- By Mr. SAM JOHNSON of Texas: — Modification of Notice 2008-40; Deduction tain Federal tax levies; to the Committee on H.R. 4375. A bill to provide a taxpayer bill for Energy Efficient Commercial Buildings Oversight and Government Reform. of rights for small businesses; to the Com- [Notice 2012-26] received March 30, 2012, pur- By Ms. FUDGE (for herself, Mr. BRADY mittee on Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Pennsylvania, Mr. GENE GREEN of By Mrs. MALONEY: mittee on Ways and Means. Texas, Ms. JACKSON LEE of Texas, Ms. H.R. 4376. A bill to amend the Internal Rev- f BROWN of Florida, Ms. RICHARDSON, enue Code of 1986 to deny all deductions for Ms. SEWELL, and Mr. FILNER): business expenses associated with the use of REPORTS OF COMMITTEES ON H.R. 4366. A bill to amend the Elementary a club that discriminates on the basis of sex, PUBLIC BILLS AND RESOLUTIONS and Secondary Education Act of 1965 to di- race, or color; to the Committee on Ways Under clause 3 of rule XIII, reports of rect the Secretary of Education to award and Means. grants for science, technology, engineering, By Ms. CHU (for herself, Ms. LORETTA committees were delivered to the Clerk and math education programs; to the Com- SANCHEZ of California, Ms. RICHARD- for printing and reference to the proper mittee on Education and the Workforce. SON, Mr. CONYERS, Mr. calendar, as follows: By Mr. LUETKEMEYER (for himself FALEOMAVAEGA, Ms. SPEIER, Ms. LEE Mr. ROGERS of Michigan: Permanent Se- and Mr. DAVID SCOTT of Georgia): of California, Ms. HIRONO, Mr. VAN lect Committee on Intelligence. H.R. 3523. A H.R. 4367. A bill to amend the Electronic HOLLEN, Ms. BASS of California, Mr. bill to provide for the sharing of certain Fund Transfer Act to limit the fee disclosure SCOTT of Virginia, Mr. GRIJALVA, Ms. cyber threat intelligence and cyber threat requirement for an automatic teller machine HAHN, Mr. AL GREEN of Texas, Mr. information between the intelligence com- to the screen of that machine; to the Com- HONDA, Mr. CONNOLLY of Virginia, munity and cybersecurity entities, and for mittee on Financial Services. Ms. ROYBAL-ALLARD, Mrs. DAVIS of other purposes; with an amendment (Rept. By Mr. MCDERMOTT (for himself, Mr. California, Ms. BORDALLO, Mr. FIL- 112–445). Referred to the Committee of the LEWIS of Georgia, Mr. STARK, Mr. NER, Mr. BERMAN, Mr. SMITH of Wash- Whole House on the state of the Union. RANGEL, Mr. NEAL, Mr. LARSON of ington, Mr. SABLAN, Ms. HANABUSA, Ms. FOXX: Committee on Rules. House Connecticut, Mr. BLUMENAUER, and Ms. MATSUI, Mr. CLARKE of Michigan, Resolution 619. Resolution providing for con- Mr. PASCRELL): Mr. BECERRA, Mr. SHERMAN, Ms. ZOE sideration of the bill (H.R. 4348) to provide an H.R. 4368. A bill to amend the Internal Rev- LOFGREN of California, Mr. STARK, extension of Federal-aid highway, highway enue Code of 1986 to provide for the release of Ms. MCCOLLUM, Mr. SCHIFF, Ms. safety, motor carrier safety, transit, and Federal tax levies which cause business hard- LINDA T. SA´ NCHEZ of California, Mrs. other programs funded out of the Highway ship; to the Committee on Ways and Means. NAPOLITANO, Ms. SCHAKOWSKY, Mrs. Trust Fund pending enactment of a By Mr. QUAYLE (for himself, Mr. MALONEY, Mr. CROWLEY, Mr. MCNER- multiyear law preauthorizing such programs, MATHESON, and Mr. ROSS of Florida): NEY, and Ms. WOOLSEY): and for other purposes (Rept. 112–446). Re- H.R. 4369. A bill to amend title 11 of the H. Res. 621. A resolution recognizing the ferred to the House Calendar. United States Code to require the public dis- significance of Asian/Pacific American Herit- Mr. SESSIONS: Committee on Rules. closure by trusts established under section age Month in May as an important time to House Resolution 620. Resolution providing 524(g) of such title, of quarterly reports that celebrate the significant contributions of for consideration of the bill (H.R. 9) to contain detailed information regarding the Asian Americans and Pacific Islanders to the amend the Internal Revenue Code of 1986 to receipt and disposition of claims for injuries Nation’s history; to the Committee on Over- provide a deduction for domestic business in- based on exposure to asbestos, and the filing sight and Government Reform. come of qualified small businesses (Rept. of such reports with the Executive Office for f 112–447). Referred to the House Calendar. United States Trustees; to the Committee on Mr. HASTINGS of Washington: Committee the Judiciary. CONSTITUTIONAL AUTHORITY on Natural Resources. H.R. 1505. A bill to By Mr. TIPTON (for himself, Mr. STATEMENT prohibit the Secretaries of the Interior and GRAVES of Missouri, Mrs. ELLMERS, Agriculture from taking action on public Mr. ROSS of Florida, Mr. HULTGREN, Pursuant to clause 7 of rule XII of lands which impede border security on such Mr. CHABOT, and Mr. LONG): the Rules of the House of Representa- lands, and for other purposes; with an H.R. 4370. A bill to require new policies and tives, the following statements are sub- amendment (Rept. 112–448, Pt. 1). Referred to procedures to address duplication and ineffi- mitted regarding the specific powers the Committee of the Whole House on the cient spending in the Federal grants process; granted to Congress in the Constitu- state of the Union. to the Committee on Oversight and Govern- tion to enact the accompanying bill or ment Reform. DISCHARGE OF COMMITTEE joint resolution. Pursuant to clause 2 of rule XIII the By Mr. BACA: H.R. 4371. A bill to amend title 38, United By Mr. ISSA: Committees on Agriculture and Home- States Code, to improve pensions for sur- H.R. 4363. land Security discharged from further viving spouses of World War II and Korean Congress has the power to enact this legis- consideration. H.R. 1505 referred to the War veterans; to the Committee on Vet- lation pursuant to the following: Committee of the Whole House on the erans’ Affairs. Art. I, Sec. 8 state of the Union and ordered to be By Mrs. BLACK (for herself, Mr. ROE of To make all Laws which shall be necessary printed. Tennessee, Mr. DUNCAN of Tennessee, and proper for carrying into Execution the Mr. FLEISCHMANN, Mrs. BLACKBURN, foregoing Powers, and all other Powers vest- f Mr. REED, Mr. ROKITA, and Mrs. ed by this Constitution in the Government of PUBLIC BILLS AND RESOLUTIONS ELLMERS): the United States, or in any Department or Officer thereof Under clause 2 of rule XII, public H.R. 4372. A bill to amend the Internal Rev- enue Code of 1986 to require the social secu- By Mr. ISSA: bills and resolutions of the following rity number of the student and the employer H.R. 4364. titles were introduced and severally re- identification number of the educational in- Congress has the power to enact this legis- ferred, as follows: stitution for purposes of education tax cred- lation pursuant to the following: By Mr. ISSA (for himself, Mr. ROSS of its, to permanently allow disclosure of re- Art. I, Sec. 8 Florida, and Mr. LYNCH): turn information to prison officials to pre- To make all Laws which shall be necessary H.R. 4363. A bill to amend title 5, United vent prisoners from filing false and fraudu- and proper for carrying into Execution the States Code, to allow Federal employees to lent tax returns, and for other purposes; to foregoing Powers, and all other Powers vest- continue their public service while partially the Committee on Ways and Means. ed by this Constitution in the Government of retired; to the Committee on Oversight and By Mr. BRALEY of Iowa: the United States, or in any Department or Government Reform. H.R. 4373. A bill to amend the Internal Rev- Officer thereof. By Mr. ISSA (for himself, Mr. enue Code of 1986 to make permanent the ex- Art. II, Sec. 2 LANKFORD, Mr. MICA, Mr. pansion of tax benefits for adoption enacted The President . . . shall have Power, by FARENTHOLD, Mr. ROSS of Florida, in 2001 and to permanently reinstate the ex- and with the Advice and Consent of the Sen- Mr. MCHENRY, and Mr. MACK): pansion of tax benefits for adoption enacted ate, to make Treaties, provided two thirds of H.R. 4364. A bill to amend title 5, United in 2010; to the Committee on Ways and the Senators present concur; and he shall States Code, to specify further conditions Means. nominate, and by and with the Advice and under which payment for the services of a re- By Mrs. CHRISTENSEN (for herself Consent of the Senate, shall appoint Ambas- cess appointee may not be made from the and Mr. PIERLUISI): sadors, other public Ministers and Consuls, Treasury; to the Committee on Oversight H.R. 4374. A bill to amend the Internal Rev- Judges of the supreme Court, and all other and Government Reform. enue Code of 1986 to extend the increased Officers of the United States, whose Appoint- By Ms. BUERKLE (for herself and Mr. limitation on the cover over of the tax on ments are not herein otherwise provided for, ROSS of Florida): distilled spirits to Puerto Rico and the Vir- and which shall be established by Law. H.R. 4365. A bill to amend title 5, United gin Islands; to the Committee on Ways and By Ms. BUERKLE: States Code, to make clear that accounts in Means. H.R. 4365.

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Congress has the power to enact this legis- By Mrs. MALONEY: H.R. 1860: Mr. RIVERA, Mr. STEARNS, Ms. lation pursuant to the following: H.R. 4376. BORDALLO, Ms. MOORE, Mr. TURNER of New Article I, Section 8 Congress has the power to enact this legis- York, Mr. ALEXANDER, and Ms. EDDIE BER- The Congress shall have Power to lay and lation pursuant to the following: NICE JOHNSON of Texas. collect Taxes. . . Article I, Section 8, Clause 1 H.R. 1862: Mr. ROTHMAN of New Jersey. By Ms. FUDGE: The Congress shall have Power to lay and H.R. 1876: Ms. VELA´ ZQUEZ. H.R. 4366. collect Taxes, Duties, Imposts and Excises, H.R. 1909: Mr. REED and Mr. JONES. Congress has the power to enact this legis- to pay the Debts and provide for the common H.R. 1955: Ms. SPEIER. lation pursuant to the following: Defence and general Welfare of the United H.R. 1996: Mr. BERG and Mr. GARDNER. Congress has the authority to act under States; but all Duties, Imposts and Excises H.R. 2032: Mr. AL GREEN of Texas, Mr. Article I, § 8, clause 3, the Commerce Clause. shall be uniform throughout the United GENE GREEN of Texas, Mr. CRAWFORD, and By Mr. LUETKEMEYER: States. Mr. BARLETTA. H.R. 4367. H.R. 2033: Mr. HASTINGS of Florida. Congress has the power to enact this legis- f H.R. 2051: Ms. HAYWORTH. lation pursuant to the following: ADDITIONAL SPONSORS H.R. 2088: Mr. WAXMAN. The constitutional authority on which this H.R. 2091: Mr. PRICE of North Carolina. bill rests is the explicit power of Congress to Under clause 7 of rule XII, sponsors H.R. 2123: Mr. PRICE of North Carolina. regulate commerce in and among the states, were added to public bills and resolu- H.R. 2144: Mr. BACA and Ms. NORTON. as enumerate in Article 1, Section 8, Clause tions as follows: H.R. 2182: Mr. FILNER, Mr. GARY G. MILLER 3, the Commerce Clause, of the United States of California, and Mr. BARROW. H.R. 59: Ms. BUERKLE and Mr. CRAWFORD. Constitution. H.R. 2206: Mr. MARCHANT. H.R. 139: Ms. LEE of California, Ms. RICH- By Mr. MCDERMOTT: H.R. 2227: Mr. CHANDLER. ARDSON, Ms. LINDA T. SA´ NCHEZ of California, H.R. 4368. H.R. 2245: Mr. KILDEE. Ms. NORTON, and Mr. CROWLEY. Congress has the power to enact this legis- H.R. 2353: Mr. GIBBS. H.R. 156: Ms. LORETTA SANCHEZ of Cali- lation pursuant to the following: H.R. 2364: Mr. REYES, Mr. GUTIERREZ, Ms. fornia. Clause 1 of Section 8 of Article 1 of the BONAMICI, Mr. WAXMAN, and Mr. CLAY. H.R. 265: Mr. HINCHEY. United States Constitution H.R. 2547: Ms. BONAMICI. H.R. 266: Mr. HINCHEY. By Mr. QUAYLE: H.R. 2568: Mr. RENACCI. H.R. 267: Mr. HINCHEY. H.R. 4369. H.R. 2569: Mr. KING of New York and Mr. H.R. 300: Mr. BACA, Mr. BERMAN, Ms. Congress has the power to enact this legis- ROGERS of Michigan. BONAMICI, Mr. FILNER, Mr. HONDA, Mr. JACK- lation pursuant to the following: H.R. 2705: Ms. WILSON of Florida and Mr. SON of Illinois, Ms. JACKSON LEE of Texas, Article I, Section 8, Clause 4 (To establish VAN HOLLEN. Mr. MORAN, and Ms. WATERS. an uniform Rule of Naturalization, and uni- H.R. 2721: Mr. RANGEL, Mr. HINOJOSA, Ms. H.R. 466: Mr. BARTLETT. form Laws on the subject of Bankruptcies WILSON of Florida, Mr. GRIJALVA, Mr. HONDA, H.R. 576: Mr. HINCHEY. throughout the United States) Mr. MORAN, and Mr. KUCINICH. H.R. 589: Mr. COSTELLO. By Mr. TIPTON: H.R. 2741: Ms. LEE of California. H.R. 601: Mr. FILNER. H.R. 4370. H.R. 2827: Mr. COLE and Ms. GRANGER. H.R. 616: Ms. DEGETTE. Congress has the power to enact this legis- H.R. 2886: Mr. GIBSON. H.R. 631: Mr. RANGEL and Mr. BRADY of lation pursuant to the following: H.R. 2902: Mr. GONZALEZ and Ms. ROYBAL- Pennsylvania. Article 1, Section 9: No Money shall be ALLARD. H.R. 683: Mr. HIGGINS. drawn from the Treasury, but in Con- H.R. 2921: Ms. HAHN. H.R. 718: Mr. CASSIDY. sequence of Appropriations made by Law; H.R. 2962: Mr. RANGEL, Mr. COFFMAN of Col- H.R. 719: Ms. HOCHUL, Ms. HERRERA and a regular Statement and Account of the orado, Ms. DELAURO, and Mr. AMODEI. BEUTLER, and Mr. CANSECO. Receipts and Expenditures of all public H.R. 3032: Mr. FILNER. UMMINGS Money shall be published from time to time. H.R. 769: Mr. C . H.R. 3057: Mr. KISSELL. By Mr. BACA: H.R. 777: Mr. BLUMENAUER and Mr. GIBSON. H.R. 3065: Mr. MCCOTTER and Mr. LAMBORN. H.R. 4371. H.R. 808: Mr. JACKSON of Illinois and Ms. H.R. 3144: Mr. PETERSON and Mr. GERLACH. Congress has the power to enact this legis- RICHARDSON. H.R. 3145: Ms. DELAURO. lation pursuant to the following: H.R. 831: Mr. CONNOLLY of Virginia. H.R. 3173: Mr. COHEN. Article I, Section 8, Clauses 12, 13, 14 and 18 H.R. 860: Mr. SCHWEIKERT and Mr. PRICE of H.R. 3187: Mr. CUMMINGS, Mr. ROGERS of By Mrs. BLACK: North Carolina. Kentucky, Mr. DICKS, Ms. HOCHUL, and Mr. H.R. 4372. H.R. 912: Mrs. NAPOLITANO. CARTER. Congress has the power to enact this legis- H.R. 933: Mr. TOWNS. H.R. 3236: Mr. OWENS and Mr. SCHRADER. lation pursuant to the following: H.R. 941: Mr. PETERSON and Mr. CARNAHAN. H.R. 3238: Mr. CONNOLLY of Virginia. Article I, Section 8, Clause 1 H.R. 1066: Mr. DEUTCH. H.R. 3252: Mr. TURNER of New York and Ms. The Congress shall have the Power to lay H.R. 1131: Mr. BLUMENAUER. BUERKLE. and collect Taxes, Duties, Imposts and Ex- H.R. 1171: Mr. MCNERNEY. H.R. 3307: Ms. BUERKLE. cises, to pay the Debts and provide for the H.R. 1206: Mr. SOUTHERLAND and Mr. H.R. 3324: Mr. PRICE of North Carolina. common Defense and general Welfare of the CRAWFORD. H.R. 3334: Ms. DELAURO. United States; but all Duties, Imposts and H.R. 1321: Mr. WILSON of South Carolina, H.R. 3359: Ms. LEE of California and Mr. Excises shall be uniform throughout the Mr. CHABOT, Mr. BILIRAKIS, Mr. GRIMM, and MCGOVERN. United States. Mr. RANGEL. H.R. 3364: Mr. BISHOP of New York and Mr. By Mr. BRALEY of Iowa: H.R. 1360: Mr. DOLD, Mr. ROSKAM, and Mr. CHANDLER. H.R. 4373. BOREN. H.R. 3368: Mr. KUCINICH and Mr. FILNER. Congress has the power to enact this legis- H.R. 1385: Mrs. BLACK. H.R. 3395: Mr. WILSON of South Carolina, lation pursuant to the following: H.R. 1404: Mr. SCOTT of Virginia. Mr. STEARNS, Mr. KISSELL, and Mr. BACHUS. This bill is enacted pursuant to the power H.R. 1418: Ms. HIRONO. H.R. 3405: Mr. HOLT and Mr. COHEN. granted to Congress under Article I, Section H.R. 1449: Ms. HAHN and Ms. SCHAKOWSKY. H.R. 3435: Mr. WAXMAN. 8, Clause 1, 3, and 18 of the United States H.R. 1474: Mr. STEARNS and Mr. KLINE. H.R. 3486: Mr. STIVERS. Constitution. H.R. 1477: Mr. BLUMENAUER. H.R. 3506: Mr. GERLACH, Mr. PETERSON, Mr. By Mrs. CHRISTENSEN: H.R. 1479: Mr. BARROW and Mr. MILLER of PLATTS, Mr. KISSELL, Mr. HANABUSA, and Mr. H.R. 4374. North Carolina. FARENTHOLD. Congress has the power to enact this legis- H.R. 1519: Mr. SABLAN. H.R. 3523: Mr. MCKEON. lation pursuant to the following: H.R. 1543: Mr. HANABUSA. H.R. 3541: Mr. CULBERSON and Mr. PALAZZO. Article I, Section 7, Clause 1 of the Con- H.R. 1564: Mr. RANGEL. H.R. 3561: Ms. MOORE and Ms. BALDWIN. stitution of the United States provides that H.R. 1588: Mr. REYES. H.R. 3586: Mr. ROE of Tennessee. All Bills for raising Revenue shall originate H.R. 1639: Mr. FLORES and Mr. AUSTIN H.R. 3591: Mr. HOLT, Mr. SMITH of Wash- in the House of Representatives and Section SCOTT of Georgia. ington, Mr. GRIMM, and Mrs. MALONEY. 8, Clause 1 grants Congress the Power to lay H.R. 1653: Mr. SMITH of Nebraska. H.R. 3595: Mr. BLUMENAUER. and collect Taxes, Duties, Imposts and Ex- H.R. 1666: Mr. CONYERS. H.R. 3596: Mr. THOMPSON of Mississippi, Mr. cises, to pay the Debts and provide for the H.R. 1674: Mr. LATHAM. GARAMENDI, Mr. DEFAZIO, Mr. JOHNSON of common Defense and general Welfare of the H.R. 1697: Mr. GRIFFIN of Arkansas. Georgia, Ms. BERKLEY, Mr. LANGEVIN, Mr. United States. H.R. 1742: Mr. CONNOLLY of Virginia, Mr. CONYERS, Mr. ELLISON, Mr. LYNCH, and Mr. By Mr. SAM JOHNSON of Texas: CARSON of Indiana, Mr. DEFAZIO, and Mr. PASCRELL. H.R. 4375. STARK. H.R. 3609: Mr. ROKITA. Congress has the power to enact this legis- H.R. 1756: Mr. RIGELL. H.R. 3658: Mr. DOLD and Mr. STARK. lation pursuant to the following: H.R. 1802: Mr. GIBBS and Mr. THOMPSON of H.R. 3670: Mr. MICHAUD and Mr. DONNELLY Article I, Section 8, Clause 1 Mississippi. of Indiana.

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H.R. 3712: Ms. HIRONO. H.R. 4132: Mr. ROSKAM. H.R. 4315: Ms. LEE of California. H.R. 3728: Mr. HUELSKAMP, Mr. PRICE of H.R. 4134: Mr. AUSTIN SCOTT of Georgia. H.R. 4322: Mr. LANKFORD. Georgia, Mrs. BACHMANN, and Mr. LATHAM. H.R. 4157: Mr. DEFAZIO, Mr. COSTELLO, Mr. H.R. 4325: Ms. SLAUGHTER, Ms. MATSUI, Mr. H.R. 3770: Mr. MARCHANT. GRAVES of Missouri, Mr. HUIZENGA of Michi- HIGGINS, and Ms. HIRONO. H.R. 3803: Mr. STEARNS, Mr. TIBERI, Mr. gan, Mr. HURT, Mr. KISSELL, Mr. NUNES, Mr. H.R. 4329: Mr. RYAN of Ohio. CULBERSON, Mrs. MILLER of Michigan, Mr. RIBBLE, Mr. REHBERG, Mr. COLE, Mr. POMPEO, H.R. 4336: Mr. HECK. GARRETT, Mr. HECK, Mr. LATOURETTE, Ms. Mr. MANZULLO, Mr. AUSTIN SCOTT of Georgia, H.R. 4345: Mrs. MCMORRIS RODGERS. FOXX, Mr. POE of Texas, and Mr. HALL. and Mr. OWENS. H.R. 4351: Mr. FILNER and Mr. PETERS. H.R. 3821: Mr. CONNOLLY of Virginia. H.R. 4169: Mr. DOLD, Ms. WOOLSEY, Ms. H.J. Res. 88: Mr. CONYERS. H.R. 3826: Ms. JACKSON LEE of Texas, Mr. HAHN, Mr. ENGEL, and Mr. GEORGE MILLER of H.J. Res. 106: Mr. FLAKE. HIMES, and Mr. KILDEE. California. H.J. Res. 107: Mr. JORDAN, Mr. NUNNELEE, H.R. 3831: Mrs. MYRICK and Mr. PRICE of H.R. 4170: Mr. MCDERMOTT, Mr. RUSH, Mr. and Mr. ROSS of Florida. North Carolina. TOWNS, Mr. JOHNSON of Georgia, Ms. CLARKE H. Con. Res. 40: Mr. SMITH of Washington H.R. 3875: Mr. BACA. of New York, Ms. NORTON, and Mr. MORAN. and Mr. RANGEL. H.R. 3895: Mr. RIVERA. H.R. 4171: Mr. LANKFORD. H. Con. Res. 111: Mr. BERG. H.R. 3900: Mr. SHERMAN and Ms. CHU. H.R. 4189: Mr. CROWLEY and Mr. JOHNSON of H. Res. 111: Mr. BARLETTA. H.R. 3903: Mr. TOWNS, Mr. GEORGE MILLER Georgia. H. Res. 130: Mr. TOWNS. ´ of California, Mr. LUJAN, Mr. DOGGETT, Mr. H.R. 4192: Ms. WOOLSEY and Mr. RYAN of H. Res. 172: Mr. SHERMAN. ´ OWENS, Ms. LINDA T. SANCHEZ of California, Ohio. H. Res. 282: Ms. BONAMICI. Mr. DEFAZIO, Mr. CARSON of Indiana, Ms. H.R. 4201: Mr. YOUNG of Indiana, Mr. SHU- H. Res. 521: Mr. CONNOLLY of Virginia. MCCOLLUM, Mr. ROTHMAN of New Jersey, Ms. STER, Mr. RYAN of Ohio, Mr. BRADY of Penn- H. Res. 549: Mr. MCDERMOTT, Mr. SCHOCK, CLARKE of New York, Mr. GUTIERREZ, Mr. sylvania, Mr. LANGEVIN, Mr. CRITZ, Mr. and Mr. RANGEL. GENE GREEN of Texas, Ms. WOOLSEY, Mr. THORNBERRY, Mr. RUNYAN, and Mr. COFFMAN H. Res. 560: Mr. STARK. MCDERMOTT, and Ms. CASTOR of Florida. of Colorado. H. Res. 564: Ms. WATERS. H.R. 3914: Ms. SLAUGHTER. H.R. 4222: Mr. SCHWEIKERT. H. Res. 568: Mr. CHANDLER, Mr. JORDAN, Mr. H.R. 3980: Mr. MCKEON. H.R. 4227: Mr. KEATING, Mr. MCGOVERN, Mr. YARMUTH, Mrs. BONO MACK, Mr. RYAN of Wis- H.R. 3989: Mr. MEEHAN. LEWIS of Georgia, Ms. MCCOLLUM, Mr. BACA, consin, Mr. KELLY, Mr. MCHENRY, Mr. H.R. 3993: Mr. TOWNS, Ms. NORTON, Mr. Mr. COURTNEY, Ms. WOOLSEY, Ms. LEE of DUFFY, Mrs. ELLMERS, Mr. CARTER, and Mr. LOEBSACK, Mr. HINCHEY, Mr. REED, and Mr. California, and Ms. JACKSON LEE of Texas. AL GREEN of Texas. GIBSON. H.R. 4228: Mr. KLINE. H. Res. 583: Mr. DOLD. ASSIDY H.R. 3994: Mr. C . H.R. 4237: Mr. POE of Texas and Mr. CAS- H. Res. 604: Mr. MULVANEY, Mr. CANSECO, H.R. 4005: Ms. BORDALLO. SIDY. Mr. COBLE, Mr. WESTMORELAND, Mr. COLE, H.R. 4017: Mr. RIBBLE. H.R. 4240: Mr. RANGEL, Mr. BILIRAKIS, and Mr. FARENTHOLD, Mr. JONES, Mr. H.R. 4018: Mr. ROSS of Arkansas, Mr. Mr. DANIEL E. LUNGREN of California. DESJARLAIS, and Mr. NUNNELEE. GRIMM, Mr. LATHAM, and Mr. PETERSON. H.R. 4256: Mrs. ELLMERS. H.R. 4032: Mr. CICILLINE. H.R. 4259: Mr. ROTHMAN of New Jersey, Mr. f H.R. 4045: Ms. HIRONO. POE of Texas, and Mr. VAN HOLLEN. H.R. 4055: Ms. MCCOLLUM and Ms. WOOLSEY. H.R. 4269: Mr. WOMACK. H.R. 4063: Mr. STARK. H.R. 4275: Mr. FALEOMAVAEGA, Ms. LEE of DELETIONS OF SPONSORS FROM H.R. 4070: Mr. RYAN of Ohio. California, and Ms. RICHARDSON. PUBLIC BILLS AND RESOLUTIONS H.R. 4081: Mr. MCKEON. H.R. 4295: Mr. POE of Texas. Under clause 7 of rule XII, sponsors H.R. 4124: Mr. GIBSON and Mr. PRICE of H.R. 4297: Mr. BUCSHON, Mr. ROE of Ten- were deleted from public bills and reso- North Carolina. nessee, and Mr. KLINE. H.R. 4128: Mr. ROKITA, Mr. MCCOTTER, and H.R. 4301: Mr. AUSTIN SCOTT of Georgia. lutions as follows: Mr. SCOTT of South Carolina. H.R. 4313: Mr. JONES. H.R. 3288: Mr. CHAFFETZ.

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Vol. 158 WASHINGTON, TUESDAY, APRIL 17, 2012 No. 55 Senate The Senate met at 10 a.m. and was Mr. COONS thereupon assumed the Reagan called a system of unproduc- called to order by the Honorable CHRIS- chair as Acting President pro tempore. tive tax loopholes that allows some of TOPHER A. COONS, a Senator from the f the truly wealthy to avoid paying their State of Delaware. fair share. RECOGNITION OF THE MAJORITY In 1985 Ronald Reagan knocked the PRAYER LEADER web of loopholes that allowed people The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- making hundreds of millions of dollars fered the following prayer: pore. The majority leader is recog- each year to pay lower tax rates than Let us pray. nized. construction workers or janitors. President Reagan called it crazy, and, O Lord, we know You are mighty and f we are weak. But we take heart be- to his credit, he worked with a couple SCHEDULE of Democrats—Senator Bradley of New cause Your power makes mountains Jersey and Congressman Gephardt of tremble. Mr. REID. Mr. President, following Missouri—and came up with the Brad- As our Senators rely on Your leader remarks, the Senate will be in a ley-Gephardt Tax Fairness Act. It strength for this day, fill them with re- period of morning business until 11:00. worked well for a long time, but we newed faith and love. Give them the se- Republicans will control the first half and the majority will control the final have allowed other things to get in the curity and serenity they need to face way of that good Bradley-Gephardt leg- today’s challenges and to glorify You half. At 11:00 there will be 10 minutes of debate on the motion to invoke clo- islation. Now we are back to what Ron- in their thoughts, words, and deeds. ald Reagan was talking about those Grip them with the conviction that ture on the motion to proceed to the postal reform bill. At 11:10 there will be many years ago. You will provide them with super- This broken system made it possible a cloture vote—or at approximately natural strength, vision, and guidance. for millionaires to pay nothing while a 11:10—on the motion to proceed to the We pray in Your great Name. Amen. busdriver was paying 10 percent of his postal reform bill. The Senate will re- f salary. That is what President Reagan cess from 12:30 to 2:15 today for our said. But the same system is in place PLEDGE OF ALLEGIANCE weekly caucus meetings. We have to today, as I have just explained, and, as make progress on the postal reform bill The Honorable CHRISTOPHER A. COONS that radical liberal Ronald Reagan today which is so vitally important to led the Pledge of Allegiance, as follows: said, that is just crazy. Those were his more than half a million workers. I pledge allegiance to the Flag of the words. United States of America, and to the Repub- f Yesterday my Republican colleagues lic for which it stands, one nation under God, BUFFETT RULE used some strong words to oppose the indivisible, with liberty and justice for all. Democrats’ plan to fight the inequal- f Mr. REID. Yesterday Senate Repub- ity. Republicans called our common- licans once again rejected the idea that sense proposal to ensure that no one APPOINTMENT OF ACTING millionaires and billionaires should PRESIDENT PRO TEMPORE making more than $1 million a year contribute their fair share to help the pays a lower tax rate than a truck- The PRESIDING OFFICER. The country prosper. Republicans sent a driver, a secretary, or a police officer— clerk will please read a communication message to millions of honest hard- they called it class warfare. It is not to the Senate from the President pro working Americans who will file their class warfare but class welfare—welfare tempore (Mr. INOUYE). taxes today: It is fair for Warren for the wealthy at the expense of the The legislative clerk read the fol- Buffett to pay a lower tax rate than his middle class. It is class welfare, not lowing letter: secretary. And that is not fair. warfare. U.S. SENATE, Republicans said that it is fair for Republicans are pushing a budget PRESIDENT PRO TEMPORE, Mitt Romney to pay a lower tax rate that would end Medicare as we know Washington, DC, April 17, 2012. than his cleaning lady or his chauffeur. it—just passed the House—slashing To the Senate: That is not fair. My Republican col- nursing home coverage for the elderly, Under the provisions of rule I, paragraph 3, leagues believe it is fair for hedge fund decimating Pell grant funding, and of the Standing Rules of the Senate, I hereby managers and executives to pay a appoint the Honorable CHRISTOPHER A. kicking 200,000 children out of the Head COONS, a Senator from the State of Dela- lower tax rate than schoolteachers and Start Program. ware, to perform the duties of the Chair. waitresses and busdrivers. But that is They are calling our proposal class DANIEL K. INOUYE, something you do not have to take my warfare. I wish that were the most ri- President pro tempore. word for; that is what President Ronald diculous thing they have said about

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

S2345

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Paying a Fair Share Act—the Buffett around stumping for a tax hike that he As I said yesterday, the President rule—would have ensured that million- knows will not help and that he knows seems to have forgotten why he was aires and billionaires paid at least as will not pass. On gas prices, the Presi- elected in the first place. He seems to much as their secretaries, assistants, dent’s response has been to call for a have forgotten his own campaign rhet- and even their nannies. Yet Repub- tax hike on energy manufactures, oric: that he was going to be different, licans think asking those lucky mil- which, if anything, will drive the price that he would bridge differences, that lionaires and billionaires to contribute of gas even higher and which he knows he would bring people together. The re- their fair share is just like shooting will not pass. ality could not be more different or the country in the head. That is what Now we hear that the President is an- more disappointing. The sad truth is they said. nouncing some kind of task force on oil that it is all politics, all the time in Our legislation would have protected speculation today—in other words, the this White House. They are out of 99 percent of small business owners and same thing Washington Democrats al- ideas. They have nothing new to offer. maintained deductions for charitable ways call for when gas prices go up. If Today’s announcement is all the proof giving, and it would have been a small I were to guess, I would say today’s you need of that. but meaningful step to reduce our def- proposal by the President probably I yield the floor. polls pretty well, but I guarantee you icit at a time when every penny—in f this case, every billion—counts. it will not do a thing to lower the price It does not seem radical to me to ask of gas at the pump. It never has in the RESERVATION OF LEADER TIME Warren Buffett, who made almost $63 past. White House officials admit as The ACTING PRESIDENT pro tem- million in 2010, to pay a higher tax rate much. So why would it now? pore. Under the previous order, the The Democrats’ favorite policy ad- than his secretary. The Presiding Of- leadership time is reserved. fice can remember when he came and viser, Warren Buffett, weighed in on spoke to a group of assembled Demo- the issue a few years ago. Here is what f crats. He carried around with him his Warren Buffett had to say about it. MORNING BUSINESS Asked about the role speculation in the tax returns for the last several years. The ACTING PRESIDENT pro tem- He is the one who told us how much he oil markets plays in determining price, he said, ‘‘It’s not speculation, it’s sup- pore. Under the previous order, the made in 2010, and he lamented the fact Senate will be in a period of morning that he was paying the tax rate that he ply and demand.’’ That is Warren Buffett on speculation relating to the business until 11 a.m., with Senators was. permitted in speak therein for up to 10 Well, it does not seem radical to me, oil markets. ‘‘It’s not speculation,’’ minutes each, with the time equally di- it did not seem radical to Ronald Warren Buffett said, ‘‘it’s supply and vided and controlled between the two Reagan, and it does not seem radical to demand.’’ But, of course, that is not leaders or their designees, with the Re- three-quarters of the American people the point for this White House. Presi- publicans controlling the first half and who support our legislation. The dent Obama only seems to care about the majority controlling the final half. wealthiest Americans take home a Warren Buffett’s opinion if it polls The ACTING PRESIDENT pro tem- greater percentage of our Nation’s in- well. pore. The Senator from Kansas. come than anytime in nearly a cen- The President’s goal here is not to do tury. Yet they enjoy the lowest tax something about the problem, it is to f make people think he is doing some- rate in more than five decades—the IRAN’S NUCLEAR PROGRAM lowest tax rate. So it is no surprise thing about the problem until the next that Americans believe millionaires crisis comes along. And that is the Mr. MORAN. Mr. President, over the should shoulder their fair share. Even larger problem, that we have a Presi- weekend the United States, Britain, two-thirds of millionaires and a major- dent who is more concerned with look- France, China, Russia, and Germany ity of Republicans around the country ing as if he is doing something than in returned to the negotiating table with agree it is time to fix a system rigged actually doing what is needed to tackle Iran for the first time since January to favor the richest of the rich. Repub- the challenges we face. We have a 2011. Reports indicate modest progress licans in Congress are the only ones President who told us that he was a was made, and a second round of talks not on board on this issue. different kind of politician doing the has now been scheduled for May. If you need evidence that million- same old things and using the same old While these negotiations represent aires and billionaires can afford to con- talking points politicians in Wash- an opportunity to achieve a peaceful tribute a little more, consider this one ington have been peddling for literally outcome regarding Iran’s nuclear pro- simple fact: Last year there were 7,000 years—for years. I mean, weren’t these gram, the United States and our allies people who made more than $1 million kinds of gimmicks and stale talking must guard against Iranian delays. who did not pay a single penny of Fed- points precisely what President Obama Iran has a history of using negotiations eral income tax—not a penny. Thanks campaigned against 4 years ago? I as a stalling tactic. While our nego- to Republicans, these lucky million- thought he was offering something tiators talk, the centrifuges keep spin- aires and billionaires can keep gaming new, something different. ning. That is the crux of the problem— the system while middle-class workers I think the Associated Press summed Iran’s nuclear program continues. keep picking up the tab. up the President’s latest proposal pret- According to the most recent report ty well this morning. The White House in February from the International f plan, which Obama was to unveil Tues- Atomic Energy Agency, Iran has pro- RECOGNITION OF THE MINORITY day, the AP said, is more likely to duced more than 5,400 kilograms of LEADER draw sharp election-year distinctions low-enriched uranium and more than The ACTING PRESIDENT pro tem- with Republicans than to have an im- 100 kilograms of uranium enriched to a pore. The minority leader is recog- mediate effect on prices at the pump. level of 20 percent. Enriching uranium nized. Well, AP pretty well summed it up. to a level of 20 percent represents 85 to f They said it is more about drawing a 90 percent of the work needed to reach distinction. Look, we do not need new weapons-grade fuel. Iran is also pre- A NEED FOR SOLUTIONS distinctions, we need solutions. Ameri- paring additional cascades used to Mr. MCCONNELL. Mr. President, yes- cans need lawmakers who are more produce enriched uranium, which will terday I highlighted some of the tre- concerned with facing up to the prob- accelerate the speed at which it can mendous challenges we face in our lems we face than getting reelected. stockpile nuclear material. In total, country and this President’s refusal to They need a President who thinks Iran has enriched enough uranium

VerDate Mar 15 2010 00:57 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.001 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2347 that, upon further processing, could sumers and businesses are directly af- month, he laid out very clearly why a build three to four nuclear weapons. fected by these volatile prices that nuclear Iran would be such a grave In response to Iran’s continued nu- negatively impact our economic well- danger. He said for the last 15 years he clear program and its defiance of being. has been warning the world about a nu- United Nations’ Security Council reso- Although Saudi Arabia has pledged clear Iran. lutions, the United States and many of to boost production to make up for the We must not be fooled by negotia- our allies have adopted sanctions on loss of Iranian oil on the market, this tions that only stall and continue to Iran. Sanctions are having a signifi- will reduce spare production capacity create the opportunity for greater dis- cant impact on the Iranian economy. and leave our country and the global aster down the road. Prime Minister In March, Iran’s oil exports fell nearly economy vulnerable to any reduction Netanyahu said no one would be 300,000 barrels per day or 12 percent, ac- in supplies, whether from conflicts happier than he if Iran gave up its nu- cording to foreign reports. Iran’s cur- within oil-producing nations or from clear quest. But there are many around rency has lost roughly half its value in natural disaster. the world who would be happy because the past year, and inflation is more Finally, a nuclear Iran would threat- we all know the world would be a far than 20 percent. The new European en the safety of American troops serv- safer, more peaceful place without a Union sanctions are scheduled to take ing abroad in the Middle East. For nuclear Iran. While we all desire a effect this summer. These would make years Iran has fought American pres- peaceful resolution, negotiations must it even more difficult for Iran to ship ence in the Middle East and has sup- not be a stalling tactic or an excuse for oil globally. ported terrorist groups who have tar- inaction. Once the EU sanctions go into effect geted and killed American troops. Thursday of this week is Holocaust in July, the Congressional Research American officials believe Iran sup- Remembrance Day. As we pause to re- Service estimates that oil sales could ported the terrorists responsible for member and reflect on this past trag- fall by up to 40 percent. the 1996 attack on a U.S. military resi- edy, the United States must act to pre- In addition, a major Chinese insur- dence in Saudi Arabia that killed 19 of vent a nuclear Iran and the real possi- ance provider has announced it will no our servicemen. bility of a future tragedy. The world longer insure ships carrying Iranian Iran also has long-range missiles that cannot again look the other way. oil. These are important developments could hit U.S. military bases in the re- Mr. President, I suggest the absence that will increase economic pressure on gion, including ones in Turkey, Af- of a quorum. the Iranian regime. Yet neither sanc- ghanistan, Bahrain, and Kuwait. Iran’s The ACTING PRESIDENT pro tem- tions nor past negotiations have nuclear program also threatens the ex- pore. The clerk will call the roll. stopped Iran’s nuclear program and its istence of our ally, Israel. The legislative clerk proceeded to quest for a nuclear weapon. The President of Iran has called for call the roll. Iran’s nuclear program threatens Israel to be ‘‘wiped off the map.’’ If Mr. PAUL. Mr. President, I ask unan- American interests. First, Iran’s pur- Iran acquires a nuclear weapon, its imous consent that the order for the suit of nuclear weapons increases the leaders would have the capability to do quorum call be rescinded. risk of global nuclear proliferation, the destructive things of which they The ACTING PRESIDENT pro tem- which would jeopardize the security of speak. Understandably, Israel is wor- pore. Without objection, it is so or- the United States. The last two nations ried. Israelis know all too well the dered. to acquire nuclear weapons—Pakistan price of war because they have wit- f and North Korea—have presented nu- nessed war and destruction. They know AID TO EGYPT merous challenges to American secu- what can happen when evil men gain rity interests. the ability to carry out evil deeds. Mr. PAUL. Mr. President, I rise North Korea provoked international While some would have us believe today to speak to an amendment that condemnation last week when it Iran is Israel’s problem, we should not would end aid to Egypt until they end launched its rocket. In Pakistan, a De- be fooled. Iran’s pursuit of nuclear the prosecution of our U.S. citizens. I cember report in the Atlantic called weapons threatens all nations that offered this amendment earlier this into question the security of that coun- care about global peace and stability. spring when Egypt was detaining our try’s nuclear arsenal, stating that We cannot leave Israel to deal with citizens—these prodemocracy work- Pakistan regularly transports nuclear this crisis alone. American leadership ers—and was not letting them leave weapons through city streets without is needed now more than ever to stop the country. Since then, they have let much security. Iran. We can begin by passing the Iran them leave the country but sort of in If Iran obtains a nuclear weapon Sanctions Accountability and Human an insulting fashion in the sense they other nations in the Middle East may Rights Act. This legislation, which have let them leave when we paid, basi- soon follow. Saudi Arabia has already came through the Banking Committee, cally, ransom. We had to pay about $5 said it will consider seeking nuclear on which I serve, earlier this year million in ransom—$300,000 per per- capability if Iran’s program is not strengthens and expands existing sanc- son—to let these people leave Egypt. stopped. tions and for the first time makes it of- So they came home, but Egypt still Second, a nuclear Iran could increase ficial U.S. policy to prevent Iran from could only get its aid if the administra- its support of terrorism. Iran is already obtaining nuclear weapons. The admin- tion certified they were pro democracy. one of the world’s leading state spon- istration and President Obama must Within days, Secretary Clinton did re- sors of terrorism, funneling money and also fully enforce U.S. law and penalize lease the aid and said they were achiev- weapons and supporting training for those who violate U.S. sanctions. ing their democratic goals. I wrote a terrorist groups, including Hezbollah In addition, the U.S. should use cur- letter to Secretary Clinton asking her and Hamas. With a nuclear weapon rent negotiations to bring about an end not to do this because the prosecutions Iran and its terrorist allies may be to Iran’s nuclear program. As a party still go on. These American citizens emboldened to carry out even more at- to the nonproliferation treaty, Iran who were allowed to leave the country tacks. Furthermore, what would pre- must adhere to its obligations under had to pay $300,000 in bail but they also vent Iran from giving nuclear weapons that treaty and provide transparency had to sign a statement saying they to one of the terrorist groups it sup- to international inspectors. were coming back for the trial. ports, sharing its capabilities with one The longer Iran’s nuclear program Everybody said, well, I doubt they of the terrorist groups? continues, the greater the danger are ever going back to Egypt for these Third, a nuclear Iran could exert grows for the United States and all na- show trials. But it gets worse. It turns more influence over world oil markets. tions. Last month, Israeli Prime Min- out in December of last year, President A direct link exists between volatile ister Benjamin Netanyahu spoke in Obama signed an Executive order—this oil prices and Iran’s nuclear program. Washington. He is an incredible leader, is Order No. 13524—that gives Interpol, Prices have risen when tensions have and his speech to Congress last year the international police organization, increased, and when tensions recede was one of the best I have ever heard. immunity in our country. We also have prices typically decline. American con- While speaking in Washington last an extradition treaty with Egypt,

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Morning Let me give a sense of the scope of problems with allowing this to go on. business is closed. this matter. The Postal Service today, This is an indication to me that maybe if it were a private corporation, would f Egypt is not pursuing democratic be the 35th largest company in the goals, and that certifying them as a 21ST CENTURY POSTAL SERVICE United States based on revenue, put- democratic country is perhaps not in ACT—MOTION TO PROCEED ting it just ahead of Apple. It would be the country’s second largest employer our best interest, and maybe sending The PRESIDING OFFICER. Under just behind Walmart. The 32,000 post nearly $2 billion of taxpayer money to the previous order, the motion to pro- offices in America represent more do- Egypt, which continues to prosecute ceed to the motion to reconsider the mestic retail outlets than Walmart, our citizens, is not a good idea. vote by which cloture was not invoked Let me give an example of what Starbucks, and McDonald’s combined. on the motion to proceed to S. 1789 is These are big numbers, and the post Interpol is doing. Interpol recently agreed to. The motion to reconsider took a Saudi journalist from Malaysia office has a storied history. But today the vote is agreed to, and the Senate it is a troubled business and, frankly, and sent him back to Saudi Arabia. Do will resume consideration of the mo- you know what the crime was? He was on the verge of insolvency if we don’t tion to invoke cloture on the motion to act—in part because of the recent eco- accused of blasphemy. He was accused proceed to S. 1789, upon reconsider- of the religious crime of apostasy. Do nomic recession but mostly because of ation. The Chair directs the clerk to the transformational impact of the you know what the penalty in Saudi read the motion. Arabia for blasphemy is? The death Internet. The Postal Service has had a The assistant legislative clerk read 21-percent drop in mail volume in the penalty. So we are now using an inter- as follows: national police agency to go into a sov- past 5 years, and, of course, a cor- Motion to proceed to Calendar No. 296, S. ereign nation, where someone is ac- responding cut in revenue. As more 1789, a bill to improve, sustain, and trans- businesses and communication move cused of a religious crime and is sent form the United States Postal Service. back to a country where they can be online, mail volume is inevitably going The PRESIDING OFFICER. Under to continue to decrease. put to death. This alarms me. the previous order, there will be 10 People say, oh, that could never hap- In fiscal year 2011 the Postal Service minutes of debate equally divided and took in $65.7 billion but had expenses of pen in America. Well, right now, the controlled between the two leaders or President has allowed Interpol, $70.6 billion. This $5 billion loss would their designees. have actually been twice that if Con- through an Executive order, through Mr. LIEBERMAN. Mr. President, I the President’s signature, to have dip- gress had not delayed the due date for rise to urge all of our colleagues to a statutorily required payment to the lomatic immunity in our country. For support the pending cloture motion all I know, Interpol could be at this retiree health plan due at the end of filed by the leaders so we can begin a the fiscal year. That followed record very moment looking for American debate that will help decide whether citizens in this country and trying to losses of $8.5 billion in 2010. This sim- the U.S. Postal Service—this iconic ply cannot continue. As I said earlier, get those people and extradite them to American institution created more Egypt. This is a problem. This is why if nothing is done, the Postal Service than two centuries ago, embedded in will not have enough money to pay its you don’t want an international police the Constitution, created in the age of force to operate within your sovereign bill. inkwells and quill pens—will survive in Please vote for cloture. We have a Nation. There can be cooperation, but the age of e-mail and the Internet. you don’t want impunity and immu- good, solid substitute that is a major To me, this cloture vote should be an reform with some due process that will nity for an international police force easy one because if we vote against clo- within your borders. make the post office leaner and more ture, we are essentially saying two efficient. It will dramatically reduce So I will introduce again an amend- things: One is we don’t want to do any- the number of employees and the num- ment to this bill and this amendment thing. If we don’t do anything, the ber of facilities the post office main- will say no aid to Egypt until they end Postal Service is going to run out of tains, but it will do so in a way that I this prosecution; no aid to Egypt until money and hit its borrowing limit later think is evolutionary and not Draco- they end these red letter warrants they this year, forcing us to miss payments nian either to the Postal Service or the have asked for on U.S. citizens to be and unnecessarily begin to shut back impact it would have on the millions of extradited to Egypt. We can’t allow or close down operations, which is the people who depend on the post office U.S. citizens to be sent to a foreign last thing the country needs at this and will continue to every day. country to be tried in that country point. There are a lot of different ideas where blasphemy is a crime. Those are Frankly, the other thing we will do if about how to fix the post office. Some not American values, those are not we think we should do nothing is to people don’t want us to make any American ways, and we cannot allow leave the Postmaster General, the changes, and that is the road to bank- U.S. citizens to be subject to foreign Postal Service, with an unlimited right ruptcy. Some people want us to make laws and foreign crimes. to take steps that I believe a majority Draconian changes right away, and I I will ask today for a vote on an of Members of this body don’t want to don’t think that is appropriate. So I amendment that will end Egyptian aid be taken precipitously without consid- ask for a vote for cloture. or at least delay Egyptian foreign aid ering the alternative. That alternative I yield the floor. until they relinquish this prosecution is closing thousands of post offices The PRESIDING OFFICER. The Sen- of our citizens. around the country, including small ator from Maine. Mr. President, I yield the floor, and I towns in rural areas, and dramatically Ms. COLLINS. Mr. President, I am suggest the absence of a quorum. and quickly cutting back on the num- very pleased to join with the chairman The ACTING PRESIDENT pro tem- ber of mail processing facilities, and of the Homeland Security Committee pore. The clerk will call the roll. therefore the standards by which mail in urging all of our colleagues to cast a The legislative clerk proceeded to is delivered and the speed with which it vote for cloture on the motion to pro- call the roll. is delivered in this country. So I hope ceed to this vitally important bill. Mr. LIEBERMAN. Mr. President, I our colleagues consider this an easy There are many different views on ask unanimous consent that the order vote, which is simply not to turn away how to save the Postal Service, but for the quorum call be rescinded. from the crisis the Postal Service is in. there can be no doubt that the Postal

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It is the linchpin of a tril- the roll. omy and jobs would be further hurt. lion-dollar mailing industry that em- Mr. DURBIN. I announce that the I hope that as the day goes on—obvi- ploys nearly 8.7 million Americans in Senator from Hawaii (Mr. AKAKA) and ously, with the strong vote for cloture, fields as diverse as printing, catalog the Senator from Vermont (Mr. LEAHY) we now proceed to a 30-hour period of companies, paper manufacturing, and are necessarily absent. debate on the matter, but I certainly newspaper and magazine publishers. I further announce that, if present hope that as the day goes on and the These industries and the jobs they sus- and voting, the Senator from Vermont members of both caucuses and the lead- tain are in jeopardy. If we fail to act, (Mr. LEAHY) would vote ‘‘yea.’’ ers talk we can find a mutually agree- we will deliver a crippling blow to the Mr. KYL. The following Senators are able path not to spend the 30 hours on Postal Service. necessarily absent: the Senator from the debate on this motion to proceed As Senator LIEBERMAN has indicated, Utah (Mr. HATCH) and the Senator from but that we go right to the bill. the Postal Service is in crisis. It has Illinois (Mr. KIRK). At that point, Senator COLLINS and I, lost more than $13 billion just in the The PRESIDING OFFICER. (Mr. along with Senator CARPER and Sen- past 2 years. First-class mail volume TESTER). Are there any other Senators ator SCOTT BROWN, will file a bipar- has dropped by 23 percent over the past in the Chamber desiring to vote? tisan substitute amendment which we 5 years and 12 percent over the past 2 The yeas and nays resulted—yeas 74, have worked on which we hope will be years. The Postal Service has a debt to nays 22, as follows: the pending matter and then have an the U.S. Treasury of $13 billion and will [Rollcall Vote No. 66 Leg.] opportunity for people who have a dif- max out its credit limit of $15 billion YEAS—74 ferent point of view about how to deal this year. Alexander Franken Murray with this fiscal crisis of the post of- We have to address this crisis. It Ayotte Gillibrand Nelson (NE) fice—not to avoid dealing with it—peo- Barrasso Grassley Nelson (FL) would be irresponsible for Members to Begich Hagan Portman ple will have an opportunity to present simply vote no on the motion to pro- Bennet Harkin Pryor amendments, and the body will work ceed if they have other ideas on how to Bingaman Hoeven Reed its will, which is the most important Blumenthal Hutchison Reid address this crisis. I have urged a full Blunt Inouye thing. and open and fair amendment process Roberts There are too many great national Boozman Isakson Rockefeller so that Members can bring forth their Boxer Johnson (SD) Sanders problems the Congress is not dealing Brown (MA) Kerry alternative plans for saving the Postal Schumer with because of partisanship, because Brown (OH) Klobuchar Sessions Service. We simply cannot allow the Cantwell Kohl of ideological rigidity, because of an Shaheen Postal Service to fail. The stakes are Carper Kyl unwillingness to do what has to be Casey Landrieu Snowe too high for our economy and for Stabenow done in our system of government, Coats Lautenberg which is to compromise—not to com- Americans across this country. Cochran Levin Tester Finally, I would remind my col- Collins Lieberman Thune promise your principles but to under- leagues that the Postal Service’s roots Conrad Lugar Udall (CO) stand that in a representative body go back to our Constitution. This is an Coons McCaskill Udall (NM) such as the Senate, representing a Corker McConnell Warner organization that is vital to our herit- Cornyn Menendez Webb country as big and as diverse as ours, age and to our future. I urge a ‘‘yes’’ Durbin Merkley Whitehouse you rarely can expect to get 100 per- vote for the motion to proceed. Enzi Moran Wicker cent of what you want. The aim should I yield back the remainder of the Feinstein Murkowski Wyden be to make progress, to get at least 50 time on our side. NAYS—22 percent of what you want and to let the Mr. LIEBERMAN. I would do the Baucus Heller Paul other side get some of what they want same. Burr Inhofe Risch as well. The PRESIDING OFFICER. All time Cardin Johanns Rubio So I would like to deliver now an Chambliss Johnson (WI) is yielded back. Shelby opening statement and then hope that Coburn Lee Toomey CLOTURE MOTION Crapo Manchin Vitter the ranking member, Senator COLLINS, Under the previous order and pursu- DeMint McCain will do the same on the bill, the sub- Graham Mikulski ant to rule XXII, the Chair lays before stitute, which is S. 1789. the Senate the pending cloture motion, NOT VOTING—4 I am convinced that the substitute which the clerk will report. Akaka Kirk will help make the Postal Service lean- The assistant legislative clerk read Hatch Leahy er, nimbler, and more cost efficient, as follows: The PRESIDING OFFICER. On this while still maintaining the service we CLOTURE MOTION vote, the yeas are 74, the nays are 22. Americans need to live our daily lives We, the undersigned Senators, in accord- Three-fifths of the Senators duly cho- and to keep our economy going. But I ance with the provisions of rule XXII of the sen and sworn having voted in the af- want to be clear: This bill alone is not Standing Rules of the Senate, hereby move firmative, upon reconsideration, the going to save the U.S. Postal Service. to bring to a close debate on the motion to motion is agreed to. The changes occurring around it and proceed to Calendar No. 296, S. 1789, the 21st The Senator from Connecticut. within it are too deep. It will represent Century Postal Service Act. Mr. LIEBERMAN. Mr. President, I a very significant step forward. It will Harry Reid, Thomas R. Carper, Sherrod thank the Chair, and I thank our col- save the Postal Service, as we will indi- Brown, Mark Begich, Bill Nelson, leagues for a very strong vote which Frank R. Lautenberg, Jeanne Shaheen, cate as this debate goes on, save bil- Richard Blumenthal, Christopher A. says to me that Members of the Sen- lions and billions of dollars annually, Coons, Dianne Feinstein, Patrick J. ate, across party lines, understand that and put the Postal Service back on the Leahy, Richard J. Durbin, Joseph I. the Postal Service is a historic and road to fiscal balance. Lieberman, Patty Murray, Charles E. also important part of America’s fu- I view this bill as a bipartisan com- Schumer, Mark Pryor. ture. It needs to change. It is in the promise, as the middle way between The PRESIDING OFFICER. By unan- midst of a real and dangerous fiscal cri- two different approaches to the fiscal imous consent, the mandatory quorum sis. We may differ about how to react crisis at the Postal Service, one that to call has been waived. to that crisis, but this strong cloture a certain extent wants to wish it away, The question is, Is it the sense of the vote says to me that three-quarters of to say that really nothing has to Senate that debate on the motion to the Members of the Senate at least are change and we just have to find more proceed to S. 1789, a bill to improve, ready and eager to debate and to pass ways—a different business model—we

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You have ther the Postal Service will collapse of fledgling Republic that helped keep the to be unrealistic to say anything other its own weight or the Federal Govern- citizens of our new country abreast of than that this trend is going to con- ment—the taxpayers—will be expected events in faraway cities and towns. tinue and that mail volume will con- to bail it out, and I don’t think that is If you read some of the histories of tinue—first-class mail volume will con- what the American people want us to the Revolutionary War, some of the tinue to decrease. As I mentioned, do. So one way is to do nothing. great biographies done of the founding there has been $13 billion in deficit in The other way is to impose what I generation of Americans, that extraor- the last 2 years—running a deficit in would call kind of an immediate over- dinary and gifted group, you see the the last 2 years at the post office. It reaction—close thousands of post of- role the post office and postal commu- would have been $5 billion more if Con- fices that people depend on across the nications played in their ability to gress had not come along and delayed country, close hundreds of mail proc- keep in touch with each other. And the due date for a statutorily required essing facilities, which will mean that some of the most important commu- retiree health care prefunding payment people will not be able to get their nications occurred, for instance, be- that was due at the end of the last fis- mail and businesses will not be able to tween the government and the mili- cal year. realize the expectation of timely deliv- tary. This simply cannot continue. This is ery of the mail. And it will have a neg- Ever since that early period of Amer- one of those bills that come along not ative impact on this economy of ours ican history, the post office has had a because you are excited about doing it which is still struggling to come out of tradition of aiding progress and inno- but because you have to do it. If we do a recession. vation. Maps from the early days of our not act, I repeat, two things are going We are offering a middle way here Republic show that many of the roads to happen: Either the Postal Service that will provide real and substantial we still depend on today—if I may be will become insolvent and have to cut savings from the current operating pic- parochial, I will cite I–95 in Con- back its operations or the Postmaster ture of the post office, which is in se- necticut and a lot of other places along will use authorities he has under the vere debt and lost more than $13 billion that path—still follow and in some current law to close a lot of post offices over the last 2 years, but will do it with cases are built on top of old post roads. and mail-processing facilities and cut due process, will do it in a way that re- The job of maintaining Samuel back service. And I know Members quires the post office to look at every Morse’s first telegraph line between across party lines do not want that to alternative before closing post offices Washington and Baltimore was en- happen precipitously. that are so important to people in most trusted to the post office. And it was a Let me now describe some of the every area of our country. former Postmaster General who helped major parts of the substitute bipar- This bill, in other words, is an impor- Morse expand his transformational net- tisan bill that has come out of our tant beginning, and it will allow the work of telegraphs and communica- committee. Postal Service more time to continue tions to other cities in our country. The bill includes the two measures working with its customers, its em- But that network grew slowly, so to that will relieve some of the immediate ployees, Congress, and others to de- keep our Nation connected with its financial pressure on the Postal Serv- velop a balanced approach to what we frontiers way out in places such as ice. The first is based on an Office of need it to do in an age when almost Montana, I might say to the occupant Personnel Management determination every piece of communications that of the chair, the post office helped that the Postal Service has overpaid can be digitized is being digitized and sponsor the Pony Express. That was a its contributions to the Federal retire- sent over the Internet. great early example of what we talk ment system by roughly $11 billion. But if I may, I would like to step about a lot but do not do as much as we Call it a misunderstanding, call it a back and offer just a little bit of his- should—public-private partnerships. clerical error—it is fortuitous for the tory because we are dealing with a cur- The Pony Express filled a necessary Postal Service and the trouble it is in. rent problem, but there is a rich his- gap in communications until the tele- Our bill directs OPM to refund this tory when you talk about the U.S. graph finally spanned our Nation coast money to the Postal Service and then Postal Service. to coast. directs the Postal Service to use this It is kind of an accidental irony, a The post office’s subsidies for airmail money to provide retirement incen- coincidental irony of the Senate bill in the early days of aviation helped tives to employees and to pay off some numbers that this bill turns out to be jump-start the fledgling airlines and of its debt. S. 1789 because 1789 was the year the air freight industries, which, of course, Let me explain what I mean about first Congress under the Constitution we all depend on so much today. those incentives. S. 1789, the sub- was seated. Among the duties of that I will not repeat what I said in my stitute, would direct the Postal Service founding body was the charge under ar- statement about the scope of the Post- to use part of these refunds in the Fed- ticle I, section 8, and I quote, ‘‘to es- al Service today when I spoke earlier eral Employee Retirement System to tablish Post Offices and Post Roads.’’ in support of the vote for cloture, but I reduce its labor costs, which make up In fact, in the list of congressional will just repeat and say that if the post about 80 percent of its budget. There is powers detailed under section 8, cre- office were a private corporation, it no way the Postal Service is going to ating the postal system comes before would be the 35th largest company in get back in balance without continuing the creation of an army, a navy, or the United States just ahead of Apple; to do what it has been doing, by tens of Federal courts. That is how important that is, by revenue. It would be the thousands, reducing the number of em- the Founders felt this public function country’s second largest employer just ployees it has. But the aim here is to would be to our new government, par- behind Walmart. Its 32,000 post offices do that as a result of a voluntary ticularly in a democracy, how impor- across America represent more domes- buyout program. tant communication was, and, in a tic retail outlets than Walmart, The fact is that approximately half country that had ambitious economic Starbucks, and McDonald’s combined. of the Postal Service’s current work- and commercial dreams right from the But perhaps because of some of that, force is eligible for either full or early beginning, that the ability to commu- certainly notwithstanding it, the post retirement, and if 100,000 workers took nicate through a post office would be office is today a troubled business. I advantage of the program—which is critically important to commerce and want to speak honestly and directly. It below the full amount eligible—the job creation. is on the verge of insolvency if we do Postal Service would save $8 billion a In the Revolutionary era, it was the not act. Part of the problem more re- year. That is the single most signifi- post office, under the direction of our cently, obviously, is the impact of the cant saving item in the package that first Postmaster General, Benjamin economic recession we are in, but the we bring before you today. We set a Franklin, that sped communications big problem is one that is not going to goal here, which is that the Postal

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The substitute amendment, there- workers or 18 percent of its current What about the closing of post of- fore, permits the Postal Service to workforce. fices, which has created a lot of con- eliminate excess capacity in the mail Our bill also reduces the amount the cern all across America in response processing system but again requires Postal Service must pay into its re- particularly to the Postmaster an- the Postal Service to maintain a modi- tiree health benefits account over the nouncing a list of 3,700 post offices that fied overnight delivery standard—a bit next 40 years. The current formula of are possible candidates for closure? One reduced from what it is now, but still scheduled payment was part of postal of the things we found in response to there, particularly for the local deliv- reform passed some years ago. We con- this is exactly what I have found over ery areas. clude that the payments required are the years in Connecticut. The local The maximum standard delivery larger than necessary to sustain the vi- post office is not just a place where time—and most people probably don’t ability of the retiree health benefits mail and packages pass through; it be- know this—the Postal Service accepts plan, so we mandate an updated amor- comes a local institution of commu- a maximum delivery time of 3 days to tization schedule to fund postal retir- nity significance. It is hard to convince deliver a letter mailed anywhere in the ees’ health care in the future. It is not people they should be closed. People continental U.S.; it has to be delivered just an arbitrary number. We think are attached to their local post office, anywhere else in the continental U.S. that means the Postal Service is likely not just in small towns and rural within 3 days. That will remain un- to see a significant cut in its annual $5 areas—especially there—but in a lot of changed. The Postal Service would be billion bill to prefund retiree health other places, including cities and required to maintain a sufficient num- care, which, of course, would take fur- neighborhoods in a State such as my ber of processing facilities to meet ther stress off the Postal Service’s an- own State of Connecticut. these delivery standards but could oth- nual operating budget. We expect, as The reality is we cannot afford to erwise close unneeded facilities. the debate goes on, to have as close as continue to have as many post offices So far, I have talked about the cost possible an exact projection of how as we do, operating in the way they do. side of the ledger. S. 1789, the sub- much that change would save for the So our bill would improve the present stitute, also gives the Postal Service Postal Service itself. law covering post office closures. It tools to bring in fresh revenues by of- Now let me talk about some of the doesn’t prohibit them, but it requires fering new products and services, spe- proposals that the Postal Service and more public participation and due cifically authorizing contracting with Postmaster have made that have been process, and it requires the Postal State and local governments to issue most controversial. Service to issue comprehensive retail State licenses, authorizing for the first First, Saturday deliveries and can- service standards to ensure that com- time the Postal Service to do what celing most Saturday deliveries. The munities throughout the country have some of the private shippers do—ship- Postal Service has said it can save $3.1 access to retail postal services if their ping beer, wine, and distilled spirits, billion a year by cancelling Saturday current post office needs to be closed— and provide notary services or provide deliveries to individual homes and in other words, to look for ways to con- specialized Internet services. businesses. It is not something you solidate retail postal services. Perhaps Our bill would also create an advi- want to do, but if you are looking to they can put the retail postal service sory commission of prominent citizens get this institution back into balance in a State or local government office and charge them, within a set period of and keep it alive, it is one of the things building or perhaps put it in a retail es- time, to reconsider the Postal Service’s we are probably going to have to do. tablishment or a Wal-Mart or whatever current business model and provide it The Postal Rate Commission agrees to make sure that the services are with a strategic blueprint for the fu- that ending most Saturday deliveries maintained in a more cost-effective ture that will enable it to both con- will save a lot of money, but says their way, even if the local post office is not. tinue to exist and provide the services savings estimate is $1.7 billion a year The bill also requires that the Postal people want, but to do so in a way that versus the $3.1 billion figure from the Service take steps before closing a post balances its budget. Postal Service. office that it does not now have to Finally, it creates a chief innovation Either way, we are talking about a take, including offering a community officer at the Postal Service whose job substantial reduction in costs, and one these other options I have talked is to continue to find ways to innovate we may have to face. Our bill recog- about, such as keeping the post office and build on not only the constitu- nizes that ultimately it may well be open with more limited hours or per- tional responsibility to maintain the necessary to switch to 5-day delivery. I mitting private contractors or rural Postal Service and post offices but to say it is going to be necessary to carriers to provide the services the do so in a way that is innovative and switch to 5-day delivery. But we re- local post office is now providing. builds on the irreplaceable assets the quire the Postal Service to follow a Another one of the controversial pro- Postal Service has, particularly the ca- certain path over the next few years posals the Postmaster made is to close pacity to deliver to the last mile any- before that significant step—6 to 5 232 of its current 461 mail processing where in this country. days—is carried out. facilities—not the post offices, but the These reforms are necessary. They They first have to determine, accord- places the mail goes to be processed so will make the post office smaller and ing to the bill, if the other cost-saving it can get from where it is sent to more cost efficient. As a result of this measures in the bill have made can- where it needs to be delivered. The bill, there will be fewer employees at celing Saturday service unnecessary. truth is there is excess capacity in this the post office and fewer facilities. You We can hope that would happen, but I system now, and the Postal Service has have no choice but to bring that about. am skeptical that it will. to eliminate some of that excess capac- But this bill will keep the Postal If a 5-day schedule is deemed nec- ity. Service alive. I think it will keep it essary, the Postal Service must then However, the bipartisan substitute well and it will put it on a path to sur- submit a plan to Congress, the GAO, proposal basically requires that care be viving forever but in a different way, and the Postal Rate Commission on taken so this is done in a way that does because the environment in which it is how it plans to cushion the negative ef- not compromise the service standards operating, because of the Internet, sim- fect on the businesses and communities necessary to maintain the current cus- ply has changed. Despite its shrinking it serves. tomer base. In other words, we have to stream of posts and parcels, here is the GAO and the PRC will then submit reduce expenditures, but if we do it reality we are dealing with and what their own studies to Congress on this precipitously, as some of our col- would be affected if the Postal Service matter. If the PRC and the Comptroller leagues will propose amendments to do, is to begin cutting back its operation. General conclude that the change is the net effect is that less people will The Postal Service still delivers 563 necessary to allow the Postal Service use the post office, because they will million pieces of mail every day. Only to achieve long-term financial sol- not get the needed service and, as a re- the Postal Service, for the price of a

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If the Postal Service is aware make that happen. that the volume of its first-class mail of a legitimate methodological flaw in What Federal agency, if I can go to has fallen by 26 percent since 2006 and the study, then I would urge a public another service the Postal Service continues to decline as this chart release of the study and an explanation gives, could process—think of the un- shows. Reflecting that sharp drop in for why it was submitted to the regu- thinkable—6.7 million passport appli- volume, revenue has plummeted from lators if, in fact, it is so flawed. cations a year if the Postal Service $72.8 billion in 2006 to $65.7 billion in The findings of the survey do not sur- weren’t there. 2011. prise me. They are consistent with These are some examples and sugges- The Postal Service is part of our cul- what I am hearing from major postal tions of the fact of what is possible but ture and economic fabric. Its failure customers. Mailers are all too aware of also proving that the Postal Service is would deliver a crushing blow to our the destructive course postal leaders not just a relic of the 18th century; it economy at a time when the economy are pursuing. Once customers turn to is a pivotal part of the 21st century. is already fragile, and it would be par- communication options other than the The computer age poses unique chal- ticularly harmful to people living and mail system, they will not be coming lenges to the Postal Service, and the working in rural America. That means back, and the Postal Service will be day may come when we will send and we must pass a bill. Doing nothing is sucked further and further into a death receive mail, get most of our maga- only an option if we are willing to let spiral. Companies large and small that zines and books, and pay our bills on the Postal Service fail. That is the rely on the mail tell me if service con- electronic devices that are reliable and choice we face. Failure would imperil a tinues to deteriorate, they will conduct secure. But honestly the day will never vital component of our economy, for more business online and encourage come when we can send physical things the Postal Service is the linchpin of a their customers to switch to online across the Internet between homes and $1 trillion mailing and mail-related in- services for bill paying and other trans- businesses—such as medicine, clothing, dustry that employs nearly 8.7 million actions. Let me give an example from Bangor, household and business supplies, and Americans in fields as diverse as direct ME, which illustrates this economic re- even spare parts for those computers mail, printing, catalog companies, ality. A small business owner from the we use so much. magazine and newspaper publishers, hometown in which I am living now The Postal Service is unique, and its and paper manufacturing, to name just sent me an e-mail he received from the network of support facilities and dedi- a few. In my State, nearly 38,000 company that processes his payroll. In cated employees stands ready to de- Mainers work in jobs related to the the e-mail, the payroll company re- liver to every home, store, business, mailing industry, including thousands minds the small business owner that and factory in America. That is why we at our pulp and paper mills, such as the the Postal Service intends to close a have to act to make sure it continues one in Bucksport, ME, which manufac- nearby processing center in Hampden, to be able to do that. tures the paper for Time magazine. ME. The payroll firm recommends the Let me go back to the first Post- The rapid transition from traditional best option for the small business mail to electronic communication has master General, Benjamin Franklin, would be to move to an electronic op- come at an enormous cost to the Post- who always had a lot of good things to tion outside the mail system. It also al Service. The loss of so much mail, say that even seem relevant centuries offered another option of using coupled with unsustainably high labor after. Franklin said, ‘‘By failing to pre- nonmail delivery or pickup services. pare, you are preparing to fail.’’ This costs and exacerbated by the worst re- My point is this example reflects the bill offers preparations to succeed, to cession in decades, has left the Postal realities of commerce. Degrade service make sure the Postal Service never Service on the brink of collapse. De- or raise prices and we don’t get more fails. spite these headwinds, the Postmaster revenue, we get fewer customers and I thank the Chair and I yield the General is inexplicably forging ahead less revenue. floor. with plans to abandon current mail One bright light for me, with respect The PRESIDING OFFICER. The Sen- service standards in favor of reduced to the bill we are considering, is that ator from Maine is recognized. access, slower delivery times, and high- we first should do no harm in the form Ms. COLLINS. Mr. President, I ask er prices. His plans, I fear, will force of hastening the volume decline unanimous consent that I be permitted many of the Postal Service’s best cus- through ill-conceived policy changes. to speak for up to 30 minutes. tomers to pursue delivery alternatives. That is why the downsizing of the labor The PRESIDING OFFICER. Without I cannot think of another major busi- force and excess capacity the Post- objection, it is so ordered. ness in serious financial trouble that master General has stated are critical Ms. COLLINS. Today, the Senate be- would risk alienating its remaining to saving the Postal Service must be gins debate on reform legislation to customers by slashing service and rais- carried out in a way that preserves save an American institution—the U.S. ing prices. That is a recipe for disaster. service and does not inflict avoidable Postal Service. Our Founding Fathers We recently learned the Postal Serv- harm on dedicated postal workers. recognized the importance of having a ice’s own preliminary analysis—sub- There are naturally strong opinions postal service. Article I, section 8 of mitted secretly to its regulators—re- on what should be done to save the the Constitution gives Congress the veals that the destructive service re- Postal Service, and the bill and the power to establish post offices. The duction plan to slow mail delivery and substitute we are bringing to the floor Postal Service is also required by law shut down postal plants will lead to a is the product of careful consideration to provide the entire population of the more than 9-percent decrease in first- of those competing positions and prior- United States with adequate and effi- class mail and a 7.7-percent reduction ities. As with any bipartisan com- cient postal services at a fair and rea- in all mail. The Postal Service itself promise, this is not the bill each of us sonable rate. This is called the uni- made a preliminary estimate that the alone would have crafted, but we came versal mandate, and it ensures that the first year losses alone would be $5.2 bil- together because our goal of saving the Postal Service cannot leave behind lion. That would consume a major por- Postal Service is so important. Senator rural States and small towns. tion of any supposed savings intended LIEBERMAN, Senator SCOTT BROWN, The Postal Service, which has deliv- by the Postal Service’s plan. Senator CARPER, and I consulted exten- ered news to generation after genera- Of course, now that these numbers sively with postal customers, both tion of Americans, is at great risk of have become public, the Postal Service business and residential, with postal not being able to make its payroll by is backpedaling rapidly and criticizing workers, with the Postmaster General, this fall, according to the Postmaster its own estimates, claiming the survey the GAO, the administration, and local General himself. My point is that this questions gave the respondents—postal communities deeply committed to pre- crisis is very real. The Postal Service customers—too much information serving their postal facilities. We have

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Postal Service but across the Federal about which there has been a lot of dis- First, let me give our colleagues Government. But why is this particu- cussion. The Postal Service blames some background. The first thing we larly important to the Postal Service? some of its financial woes on a 2006 re- did was analyze the Postal Service’s Forty percent of workers who are on quirement to prefund its retiree health costs. The fact is labor-related ex- the long-term rolls for Federal work- plan—a requirement the Postal Service penses are responsible for 80 percent of ers’ comp are postal workers. The Post- endorsed at the time, I might add. The the Postal Service’s costs. It is always al Service contributes about $1 billion Postal Service currently owes $46.2 bil- painful to recognize that workforce a year in Federal comp costs. lion to cover the costs of the promises costs are simply too high, especially This program, intended as assistance it has made to provide health care to when the employees are as dedicated as for injured workers to help them re- future retirees. That unfunded liability those working at the Postal Service. cover and return to work, currently is not going away. Nevertheless, the Avoiding reductions in these expenses has more than 10,000 postal and Federal payments for retirement health bene- is simply not an option as we hope to employees age 70 or older, 2,000 of fits could be eased by coming up with a save as many jobs as possible, both whom are postal employees. They re- new amortization schedule that within the Postal Service and within ceive a higher payment on workers’ stretches out the payments. That is the broader mailing community. But comp than they would under the stand- what we have done. we can do so in a compassionate, fair ard retirement program, even though it We have established a 40-year amorti- way. is obvious at that age they would not zation schedule for the unfunded liabil- Our bill would transfer to the Postal be returning to work. In fact, 430 of ity, and we would also reduce the re- Service the nearly $11 billion it has these workers, Federal and postal, are quirement that the fund reach 100 per- overpaid into the Federal Employees over 90 years of age and 6 workers are cent of the liability. We have changed Retirement System. We would direct 100 years old or older. These employees that to 80 percent, which is more con- the Postmaster General to use a por- clearly are never going to return to sistent with what is done by the pri- tion of this money for retirement and work, and they should be switched to vate sector. separation incentives in order to re- the normal retirement system. I note this would reduce the annual It is unfair to employees who are duce the size of the workforce compas- payment by approximately $2 to $3 bil- working to the normal retirement age. sionately. Let me emphasize—because lion while still keeping promises to It does not serve injured workers well. there are misunderstandings on this workers and avoiding a taxpayer bail- It also imposes an enormous financial point—the refund from FERS—the Fed- out. Our bill gives authority to the burden on the Postal Service. Postal Service to save money through eral Employees Retirement System—is Our bill, I would note, in its workers’ greater efficiency in its operations. We not taxpayer money. It was contrib- comp reforms, is very similar to the re- do so in a way that ensures that rural uted by the Postal Service using rate- forms proposed by the Obama adminis- payer dollars. It is an overpayment tration. It would make benefit levels America will not be left behind. As the that was identified and confirmed by more comparable to what the majority Presiding Officer is well aware, across the actuaries at OPM and verified by of States are offering their workers. America communities are up in arms the GAO. Let me describe just a few more of over the Postal Service’s plans to close In fact, GAO recently confirmed these issues. about 3,200 post offices. It has become OPM’s assessment that this figure now First, for people past retirement age clear to me, in looking at the specifics, has risen to nearly $11 billion. We the median annual workers’ compensa- that common sense often is not applied would encourage early separation and tion benefit is 26 percent higher than in these decisions. retirement incentives, capped at the the median benefit received by Federal We do not mandate that every single current Federal limit of $25,000, com- and postal workers who retire under post office remains open nor do we dic- bined with retirement incentives, such the regular retirement system. Thirty- tate that an arbitrary number should as giving an extra year of service credit nine of the 50 States pay their workers’ close. Instead, our bill requires the if the postal worker is in the CSRS sys- comp recipients two-thirds or less of Postal Service to work with the Postal tem—the old Civil Service Retirement their salary. Yet most Federal bene- Regulatory Commission to establish System—or 2 years if the worker is in ficiaries receive 75 percent of their sal- for the first time clear standards for the FERS system. That would allow ary, and that is tax free. what constitutes reasonable access to the Postmaster General, by his esti- The program has also been shown to postal services for communities and for mate, to compassionately reduce the be highly vulnerable to fraud and customers. These would be developed workforce by about 100,000 people, a abuse. That is not good for workers by considering important factors, in- goal he has said in the past was nec- who are truly injured and need the help cluding distance, travel time, access to essary to achieve solvency. of this program. Let me mention two transportation, weather, and geog- Let me give our colleagues another flaws. The program relies heavily on raphy. important fact. More than one-third of self-reported data, and it does not now That means if the Postal Service all postal workers are already eligible require the use of independent physi- tries to close a post office and that clo- for retirement, so these incentives cians to assess the initial or continued sure would result in this new service should be effective and, as the chair- eligibility of claimants. These vulnera- standard being violated, the commu- man indicated, would save an esti- bilities are not hypothetical, but they nity, under our bill, could appeal the mated $8 billion a year. surely are costly. closure to the Commission. If the Com- The bipartisan legislation also in- The IG of the Department of Labor mission agrees, its binding decision cludes a new requirement that arbitra- reports that the removal of a single would require the service to be pre- tors rendering binding decisions in fraudulent claim saves on average served. labor disputes consider the financial $300,000 to $500,000. When the IG re- The Presiding Officer, Senator condition of the Postal Service. I know viewed over 10,000 claimant files a dec- TESTER, and Senator MORAN from Kan- it may defy belief that an arbitrator ade ago, there were irregularities in al- sas have worked very hard on the lan- would not automatically consider the most 75 percent of the cases. That re- guage in this provision. I thank them looming bankruptcy of the Postal sulted in benefits being reduced or for that. What is more, the bill requires Service when ruling on contract dis- ended for more than 500 claimants, sav- the Postmaster General to work with putes, but some previous arbitrators ing almost $5 million a year in benefits communities to offer cost-saving alter- have disregarded this factor in their that otherwise would be paid. natives to full-time, full-service post

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2354 CONGRESSIONAL RECORD — SENATE April 17, 2012 offices in lieu of totally shuttering a that I believe abandoning Saturday de- committee that focuses on the issues of beloved post office in the heart of livery will once again drive mail out of human rights. Today’s hearing on ra- town. the system and do more harm than cial profiling, ending racial profiling in There are so many options the Postal good. Our compromise prohibits elimi- America, was the first hearing we have Service could use. For example, mov- nating Saturday delivery for at least 2 had in Congress on racial profiling ing the post office into a retail store, years so that cost-cutting reforms can since the attack on our country on providing hours part time—say at 7 to be implemented. If at that point to September 11. I congratulate Senator 9 in the morning, when people are achieve solvency the Postal Service DURBIN for holding this hearing. I going to work, or 5 to 7 in the evening needs to go to 5-day delivery, it can do thought the hearing was very inform- when they are coming home. We need so if it proves it has done everything ative as to a problem we have in Amer- to be creative. In recent months we else to cut its excessive costs. Again, ica on the use of racial profiling. have seen the Postal Service announce reducing service should be the last re- I know the Nation has been focused a number of Draconian measures, in- sort, not the first option. Our hope is on the tragedy that took place in San- cluding the closing of hundreds of proc- that the cost-cutting tools we provide ford, FL, in which 17-year-old Travon essing plants and implementing disas- the Postal Service in this bill will Martin was killed, a clearly avoidable trous service standards changes, in- allow this service reduction to be death, by Mr. Zimmerman. We first and cluding a proposal to do away with avoided. foremost want to make sure justice overnight delivery, one of the real ad- There is much more in this bill which prevails in this case. I know there is a vantages the Postal Service has. we will discuss as the debate goes on. case pending in Florida. We are all Our bill takes a better approach that Today is just the first step in what I going to be watching that very care- helps the Postal Service rightsize its know is going to be a long journey. But fully. There is a Federal investigation excess capacity while still maintaining the point is we must pass a postal re- underway by the Department of Jus- what is one of its most valuable assets: form bill. The House also has a bill tice to look into circumstances con- its ability to deliver mail overnight to that awaits floor consideration, and cerning Travon Martin’s death, to see many areas. more compromises will have to be what role race played in regard to that Let me give another example. The made along the way. But we cannot tragedy, not only as it related to Postal Service has proposed closing one forget the urgency of this task. Travon Martin’s death but also as to of two processing plants in the State of I ask my colleagues to work with us the investigation that ensued. Maine, the one that is located in during the upcoming floor debate, and A few weeks ago, I spoke about this Hampden, ME, in the central eastern I urge their support for final passage. issue at the Center for Urban Families part of our State. That means for The fact is it is up to us to preserve in Baltimore. That is a group that is northern Maine communities that are this vital American institution, the interested in urban family life. We sending mail between those commu- U.S. Postal Service. came together shortly after Travon nities, the letter would have to take a Martin’s tragic death to talk about f roundtrip of more than 600 miles to be what had happened. processed and returned. That makes no RECESS I was very much moved by so many sense at all. It clearly will lead to a The PRESIDING OFFICER. Under people who came forward at that meet- marked slowness in delivery, a deterio- the previous order, the Senate stands ing and explained how they had been ration in service, and, I would argue, in recess until 2:15 p.m. victims of racial profiling. A young probably to more costs. That plant Thereupon, the Senate, at 12:45 p.m., woman talked about the time she went could be downsized, but it should never recessed until 2:15 p.m. and reassem- to a basketball game with her father be closed. bled when called to order by the Pre- and her father was pulled over and There are so many options that need stopped by police for no apparent rea- siding Officer (Mr. WEBB). to be pursued by the Postal Service in son other than the color of his skin and order to prevent service from deterio- f how that impacted this girl, seeing her rating and delivery times from length- 21ST CENTURY POSTAL SERVICE father held, unable to go to the basket- ening because, once again, that will ACT MOTION TO PROCEED—Con- ball game. These types of victimization drive more mail out of the system, and tinued occur too frequently in our commu- that is the last thing the Postal Serv- nity, where people are picked out sole- ice needs. Mr. LIEBERMAN. Mr. President, I ly because of their race, their religion, I would say that many postal em- know the Senator from Maryland, Mr. their ethnic background. ployees have pointed out to me, as has CARDIN, is on his way to the floor to We have a problem in this country, the inspector general, that there are make a statement. Pending that, I sug- and we need to do something about excessive bureaucratic costs at the gest the absence of a quorum. that. The question that needs to be an- Postal Service. For example, the Post- The PRESIDING OFFICER. The swered in regard to Travon Martin is al Service—even though it is insisting clerk will call the roll. was he initially pursued because of the on closing all these facilities—already The legislative clerk proceeded to color of his skin. Would Mr. Zimmer- has over 67 million square feet of ex- call the roll. man have done the same if it was a cess property that it has yet to dispose Mr. CARDIN. Mr. President, I ask White child rather than an African of. The bill requires the Postal Service unanimous consent the order for the American? to devise a plan to close and consoli- quorum call be rescinded. In October of 2011, I introduced S. date these administrative offices The PRESIDING OFFICER. Without 1670, the End Racial Profiling Act. I am around the country and to start imple- objection, it is so ordered. proud to have many colleagues as co- menting that plan within the year. Mr. CARDIN. Mr. President, I ask sponsors, including Senator We have also encouraged collocation unanimous consent to speak as in BLUMENTHAL, Senator BOXER, Senator of postal facilities with other Federal morning business. DURBIN, Senator GILLIBRAND, Senator agencies, an idea that Senator CARPER The PRESIDING OFFICER. Without JOHN KERRY, Senator LAUTENBERG, had to minimize excess capacity. We objection, it is so ordered. Senator LEVIN, Senator MENENDEZ, also authorized the Postal Service to RACIAL PROFILING Senator MIKULSKI, Senator HARRY convert delivery from front door to the Mr. CARDIN. Mr. President, I take REID, Senator STABENOW, and Senator curb where it is practical and cost ef- this time to inform my colleagues of a MARK UDALL. I thank my cosponsors fective. The Postal Service inspector hearing that took place this morning for joining me in this legislation. general has estimated this could save before the Subcommittee on the Con- This legislation would make it clear as much as $4.5 billion a year. stitution, Civil Rights and Human that racial profiling will not be allowed Another controversial issue that we Rights of the Senate Judiciary Com- in this country. Racial profiling is un- tackle in this bill is the Postmaster mittee, chaired by Senator DURBIN. American. It is against the values of General’s proposal to eliminate Satur- Senator DURBIN has been a leader in our Nation. It is contrary to the 14th day delivery. I have said repeatedly this body on making sure we have a amendment of the Constitution, which

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.019 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2355 provides for equal protection under the and we cannot say enough complimen- Pacific Islander Mental Health Association; law. It is counterproductive, and it tary things about what they do every National Asian Pacific American Bar Asso- doesn’t keep us safe. We are using valu- day by putting their lives on the line ciation; National Asian Pacific American able police resources in a way that is to keep us safe. So for the sake of what Women’s Forum; National Association of Criminal Defense Lawyers; National Associa- wasting those resources. It is sloppy is right for America and for the sake of tion of Social Workers; National Black Jus- police work if you try to identify a the overwhelming majority of the peo- tice Coalition; National Black Law Students problem by race rather than looking ple who are professionals in law en- Association; National Black Police Associa- for good police work to identify the forcement, we need to make it clear tion; National Congress of American Indians; real perpetrator of a crime. It also cre- that racial profiling has no role in National Council of La Raza; National Edu- ates a mistrust in the community they American law enforcement. cation Association; National Gay and Les- are trying to protect, a community I am proud of the many groups that bian Task Force Action Fund; National Ko- that they need to help and to cooperate are supporting this legislation, includ- rean American Service and Education Con- sortium; National Latina Institute for Re- with as far as keeping the community ing the NAACP, the ACLU, the Leader- productive Health; National Lawyers Guild safe. For all of those reasons, racial ship Conference of Civil and Human Drug Policy Committee; National Legal Aid profiling should have no place in mod- Rights, and numerous other organiza- and Defender Association; National Organi- ern law enforcement. We need a na- tions. zation of Black Women in Law Enforcement; tional law. Mr. President, I ask unanimous con- National Organization of Sisters of Color I was impressed that in the hearing sent to have printed in the RECORD at Ending Sexual Assault; National Urban today there was general consensus that the conclusion of my remarks the list League Policy Institute. we have a problem in this country, of organizations that are supporting NETWORK, A National Catholic Social Justice Lobby; 9to5, National Association of that there is a problem of law enforce- the legislation. Working Women; North American South ment using racial profiling, which The PRESIDING OFFICER. Without Asian Bar Association; Open Society Policy should not be done. The bill, S. 1670, objection, it is so ordered. Center; Organization of Chinese Americans; would prohibit the use of racial (See exhibit 1.) Pax Christi USA: National Catholic Peace profiling. By making a decision based Mr. CARDIN. Let me conclude by Movement; Prison Policy Initiative; Rights upon race, ethnicity, national origin, quoting our former colleague Senator Working Group; Sentencing Project; Sikh or religion, basically what you are Kennedy, who said that civil rights is American Legal Defense and Education doing is subjecting an individual to a the great unfinished business of Amer- Fund; Sikh Coalition; SOJOURNERS; South ica. Let’s continue to fight to make Asian Americans Leading Together; South spontaneous investigation. That should Asian Network; South Asian Resource Ac- have no place. What we are talking sure we have equal justice under the tion Center; StoptheDrugWar.org; The Real about is someone being stopped for a law for all Americans. That is what the Cost of Prisons Project; Treatment Commu- routine traffic stop, subjected to a legislation I have introduced will do. nities of America; U.S. Human Rights Net- search, interrogated, or investigated The End Racial Profiling Act will con- work; Union for Reform Judaism; United based on that person’s race or the tinue us on that journey to provide Methodist Church, General Board of Church scope and substance of law enforce- equal justice in the law to all Ameri- and Society; UNITED SIKHS; Women’s Alli- ment activities following an initial in- cans. ance for Theology, Ethics and Ritual. STATE AND LOCAL ORGANIZATIONS vestigative proceeding are determined EXHIBIT 1 A New PATH (Parents for Addiction Treat- because of race. That should have no GROUP ENDORSEMENTS OF END RACIAL ment & Healing) (California); Adhikaar (New place in America. PROFILING ACT York); Advocare, Inc. (Ohio); Arab American My legislation would apply to all lev- NATIONAL ORGANIZATIONS els of government, not just Federal but Action Network (Illinois); Arab-American A. Philip Randolph Institute; African Family Support Center (New York); CASA de State and local law enforcement. It re- American Ministers in Action; American Maryland (Maryland); Casa Esperanza (New quires mandatory training. And here is Civil Liberties Union; American Humanist Jersey); CAUSA—Oregon’s Immigrant Rights an issue on which I think we should all Association; American-Arab Anti-Discrimi- Organization (Oregon); Center for agree. Perhaps the tragedy that hap- nation Committee; American Probation and NuLeadership on Urban Solutions (New pened with Trayvon Martin would not Parole Association; Asian & Pacific Islander York); Counselors Helping (South) Asians/In- have happened if Mr. Zimmerman had American Health Forum; Asian American dians, Inc. (Maryland); Desis Rising Up and been trained on the issues of what is Justice Center; Asian Law Caucus; Asian Pa- Moving (New York); Drug Policy Forum of cific American Labor Alliance; Bill of Rights good police work and what is not good Hawaii (Hawaii); Drug Policy Forum of Defense Committee; Blacks in Law Enforce- Texas (Texas); Florida Immigrant Coalition police work and how racial profiling ment in America; Break the Cycle; Brennan (Florida); Healing Communities Prison Min- needs to be eliminated. We feel very Center for Justice at New York University istry and Reentry Project (Pennsylvania); strongly about the need for mandatory School of Law; Campaign for Community Korean American Resource and Cultural training. Change; Campaign for Youth Justice; Center Center (Illinois); Korean Resource Center The legislation requires data collec- for National Security Studies; Charles Ham- (California); Legal Services for Prisoners tion by local and State law enforce- ilton Houston Institute for Race and Justice with Children (California); Legal Voice ment. State and local law enforcement at Harvard Law School; Council on Amer- (Washington). ican-Islamic Relations; Council on Illicit must maintain adequate policies and Maryland CURE—Citizens United for the Drugs of the National Association for Public Rehabilitation of Errants (Maryland); Na- procedures designated to eliminate Health Policy. tional Alliance for Medication Assisted Re- profiling, and they must eliminate any Disciples Justice Action Network; Drug covery, Delaware Chapter (Delaware); 9to5 existing practices that present or en- Policy Alliance; Equal Justice Society; Fair Atlanta Working Women (Georgia); 9to5 Bay courage racial profiling. Immigration Reform Movement; Fellowship Area (California); 9to5 Colorado (Colorado); The Department of Justice has grant- of Reconciliation; Human Rights Watch; 9to5 Los Angeles (California); 9to5 Mil- ed authority to make grants to pro- Indo-American Center; Institute Justice waukee (Wisconsin); Perspectives, Inc. (Min- mote best practices, so one jurisdiction Team, Sisters of Mercy of the Americas; Jap- nesota); Pineros y Campesinos Unidos del can learn from another as to what the anese American Citizens League; Jewish Noroeste; Northwest Treeplanters and Farm- Labor Committee; Jewish Reconstructionist best practices are in order to make workers United (Oregon); Public Justice Cen- Federation; Lawyers’ Committee for Civil ter (Maryland); Rights for All People (Colo- sure that this practice is not being Rights Under Law; The Leadership Con- rado); Safe Streets Arts Foundation (Wash- used and that we are doing everything ference on Civil and Human Rights; League ington, DC); Sahara of South Florida, Inc. possible to keep communities safe by of United Latin American Citizens; Lutheran (Florida); Satrang (California); Sneha, Inc. good police work, not by sloppy police Immigration and Refugee Service; Muslim (Connecticut); South Asian Bar Association work. Advocates; Muslim Legal Fund of America; of Northern California (California); St. I wish to point out that the over- Muslim Public Affairs Council; NAACP; Leonard’s Ministries (Illinois). whelming majority of people who are NAACP Legal Defense and Educational Mr. CARDIN. I suggest the absence of in law enforcement do it the right way. Fund, Inc.; National Advocacy Center of the Sisters of the Good Shepherd. a quorum. We have dedicated men and women who National African American Drug Policy The PRESIDING OFFICER. The work every day to keep us safe—our Coalition, Inc.; National Alliance for Medica- clerk will call the roll. first responders. We owe them a debt of tion Assisted Recovery; National Alliance of The assistant bill clerk proceeded to gratitude, we owe them our support, Faith and Justice; National Asian American call the roll.

VerDate Mar 15 2010 03:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.023 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2356 CONGRESSIONAL RECORD — SENATE April 17, 2012 The PRESIDING OFFICER. The Sen- ing some progress. Obviously, the key we are talking about here is that be- ator from Vermont. danger of what the Postmaster General fore a rural post office can be shut Mr. SANDERS. Mr. President, I ask has proposed is that if we slow down down, certain standards are going to unanimous consent that the order for mail delivery standards, what ends up have to be addressed. They are: the quorum call be rescinded. happening is that individuals and busi- A, a consideration of the reasonable The PRESIDING OFFICER. Without nesses will be rethinking whether they maximum time a postal customer objection, it is so ordered. want to use the Postal Service and should expect to travel to access a Mr. SANDERS. Mr. President, the whether they want to go elsewhere. So postal retail location. In other words, issue we are debating right now is an what we could very well begin is what if we shut down a post office and some- issue of enormous consequence for the we call a death spiral: slow down mail body has to go 20 miles and spend American people, for our economy, for delivery service, businesses stop using money on gasoline, and an enormous rural America, and for the hundreds of the Postal Service, less revenue comes amount of time, it doesn’t make sense thousands of workers in the U.S. Postal in, more cuts are made, more delays, to shut down that rural post office; Service. I thank Senators LIEBERMAN, more slowdowns. We think that is a B, furthermore, we want to look at CARPER, COLLINS, and BROWN for the bad idea. the age and disability status of individ- important work they have done in Again, I believe, and I think every- uals in the area. If there are elderly moving this legislation forward. body in this Senate believes, we need a people, if there are a large number of Let me begin by saying the debate we new business model for the Postal disabled people and we shut down that are having is not whether the Postal Service in the digital age. Some of us postal service, those folks are going to Service in the digital age should believe we can bring forth a new busi- be, for all intents and purposes, iso- change. Everybody agrees the Postal ness model which does not necessitate lated. Don’t shut down that postal Service should change. The question is hundreds of thousands of job losses and service; what kind of change do we want, what cuts, cuts, and cuts. C, there would be a requirement that kind of change is good for the Amer- Among other things, I wish to point the Postal Service serve remote areas ican economy, and what kind of change out that a recently disclosed study by and communities which have transpor- is good for our country. Opinion Research Corporation, com- tation challenges. If I live in a commu- Last year—I think about 9 or 10 missioned by the Postal Service itself, nity and I don’t have a car, how do I months ago—the Postmaster General found the Postal Service would lose get to a post office that is 5 miles gave us his view of change. There was nearly $2 billion by eliminating over- away? concern about some of the financial night delivery standards. Let me re- D, the effects of inclement weather problems facing the Post Office. He peat: A study commissioned by the or other natural conditions that might came up with a proposal that would do Postal Service found that ending over- impede access to postal services. In the following: What he said is we night delivery standards and shutting other words, if people live in a climate should close more than 3,600 mostly down half of the mail processing plants where they have a whole lot of snow, rural post offices. In my State, I think in America would cost the Postal Serv- how are they going to get to another the number of rural post offices is ice nearly $2 billion. The answer is a post office? about 15. All over this country post of- lot to do with what I said: If we slow I see the majority leader standing. fices, in so many ways, serve a function down service, fewer and fewer people Does the leader wish to address the beyond delivering mail or selling are going to be using the Postal Serv- Senate? stamps. In many ways, post offices be- ice. Mr. REID. I have some procedural come the center of a small town. The For the last several months I have matters to do, if the Senator from Postmaster General’s proposal was to been working with several dozen of my Vermont wishes to finish his state- shut down more than 3,600 mostly rural colleagues in the Senate to oppose ment. post offices. those cuts. I thank Senator LIEBERMAN Mr. SANDERS. I will be another 5 or Furthermore, he wanted to shut and Senator CARPER for their support, 10 minutes. I will yield to the majority down about half of the mail processing as well as Senator COLLINS and Senator leader. facilities in America—somewhere BROWN. We have been working with Mr. REID. Mr. President, I ask unan- around 250 of them—and when we do them, and what we basically did is imous consent that when I finish my that, by definition we slow overnight come up with a good bill that is much procedural matters, the Senator from delivery standards for first class mail. better than the Postmaster General Vermont be recognized. So at a moment when the Postal Serv- had originally proposed, and we think The PRESIDING OFFICER. Without ice is being challenged by e-mail in the we can do better. In fact, we have been objection, it is so ordered. digital age—instantaneous communica- working, and I think it is fair to say we Mr. REID. I ask unanimous consent tion—he was proposing to slow down have made some significant improve- that all postcloture time be yielded mail delivery. ments which have been incorporated in back and the motion to proceed to S. He also proposed to end Saturday the substitute amendment that is be- 1789 be agreed to. mail service and reduce the postal fore us. Let me begin by touching on The PRESIDING OFFICER. Is there workforce in the midst of a horrendous some of the improvements that I think objection? recession by some 220,000 workers, we have brought about. Without objection, it is so ordered. going from 550,000 down to about The managers’ amendment brings Mr. REID. I now ask unanimous con- 330,000. more protection for rural post offices. I sent that the only amendments in I find it a bit ironic that a couple of come from a rural State. I know how order to S. 1789 or the Lieberman-Col- months ago we had a great debate important rural post offices are, and lins substitute amendment No. 2000 be here—and I think bipartisan support— the managers’ amendment provides those that are relevant to the bill or to make sure veterans get the jobs more protection for these rural post of- the substitute amendment. they need. Many of the people who fices. The PRESIDING OFFICER. Is there work in the Postal Service are, in fact, No. 1: The substitute amendment objection? veterans. They are doing a good job. would prevent the Postal Service from The Senator from Kentucky. When we downsize the Postal Service, closing any post offices until it has es- Mr. PAUL. Mr. President, reserving as the Postmaster General proposed, by tablished a set of service standards the right to object, Egypt currently 220,000 workers, we are downsizing that would guarantee all postal cus- gets $2 billion from our country from many of our veterans. tomers regular and effective access to the U.S. taxpayer. My question is, Many of my colleagues in the Senate retail postal services nationwide on a should we be sending $2 billion a year and the House and I are strongly op- reasonable basis. The Postal Service is to Egypt when they seek to continue to posed to what the Postmaster General required to establish the standards prosecute American citizens. brought forth and we have been work- within 6 months. The service standards Recently, President Obama’s admin- ing with him and his staff to improve would be required to take into account istration freed up that money and said this plan. Frankly, I think we are mak- certain factors. In other words, what Egypt is pursuing democratic aims, so

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.026 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2357 we freed up the $2 billion. How did SEC. 2. TABLE OF CONTENTS. under paragraph (1)(B) is less than zero, upon Egypt respond to this? Egypt basically The table of contents for this Act is as follows: request of the Postmaster General, the Director thumbed their nose at us. Egypt said Sec. 1. Short title. shall transfer to the United States Postal Service we are now issuing international war- Sec. 2. Table of contents. from the Fund an amount equal to the postal funding surplus for that fiscal year for use in rants to get American citizens, extra- Sec. 3. Definitions. TITLE I—POSTAL WORKFORCE MATTERS accordance with this paragraph. dite them, take them back to Egypt for ‘‘(ii) The Office shall calculate the amount a political show trial. So we give Sec. 101. Treatment of postal funding surplus under paragraph (1)(B) for a fiscal year by not money to a country that insults us. for Federal Employees Retirement later than June 15 after the close of the fiscal System. year, and shall transfer any postal funding sur- I think this should end. I think this Sec. 102. Additional service credit. plus to the United States Postal Service within deserves 15 minutes of Senate time to Sec. 103. Restructuring of payments for retiree 10 days after a request by the Postmaster Gen- discuss whether America has money to health benefits. eral. Sec. 104. Postal Service Health Benefits Pro- be sending to Egypt when we have 12 ‘‘(C) For each of fiscal years 2011, 2012, and gram. million people unemployed in this 2013, if the amount computed under paragraph Sec. 105. Arbitration; labor disputes. country, and whether we have needs (1)(B) is less than zero, a portion of the postal here at home that need to be met be- TITLE II—POSTAL SERVICES AND funding surplus for the fiscal year shall be used fore we send $2 billion to Egypt which OPERATIONS by the United States Postal Service for the cost turns around and insults us by pros- Sec. 201. Postal facilities. of providing to employees of the United States ecuting American citizens. Sec. 202. Additional Postal Service planning. Postal Service who voluntarily separate from Sec. 203. Area and district office structure. I respectfully object and seek a vote service before October 1, 2014— Sec. 204. Post offices; retail service standards. ‘‘(i) voluntary separation incentive payments on this amendment that would end Sec. 205. Conversion of door delivery points. (including payments to employees who retire their aid if they do not end the pros- Sec. 206. Limitations on changes to mail deliv- under section 8336(d)(2) or 8414(b)(1)(B) before ecution of American citizens. ery schedule. October 1, 2014) that may not exceed the max- The PRESIDING OFFICER. Objec- Sec. 207. Time limits for consideration of service imum amount provided under section tion is heard. changes. 3523(b)(3)(B) for any employee; and The majority leader. Sec. 208. Public procedures for significant ‘‘(ii) retirement service credits, as authorized Mr. REID. Mr. President, as we changes to mailing specifications. under section 8332(p) or 8411(m). Sec. 209. Nonpostal products and services. speak, there are 8 million Americans ‘‘(D) Any postal funding surplus for a fiscal year not expended under subparagraph (C) may who are dependent on the Post Office. TITLE III—FEDERAL EMPLOYEES’ COMPENSATION ACT be used by the United States Postal Service for These are people who have jobs as a re- Sec. 301. Short title; references. the purposes of— sult of the Postal Service. We need to Sec. 302. Federal workers compensation reforms ‘‘(i) repaying any obligation issued under sec- do a postal reform bill. Doing nothing for retirement-age employees. tion 2005 of title 39; or is not an option. Sec. 303. Augmented compensation for depend- ‘‘(ii) making required payments to— I ask unanimous consent that we set ents. ‘‘(I) the Employees’ Compensation Fund es- up a procedure to allow the Senate to Sec. 304. Schedule compensation payments. tablished under section 8147; ‘‘(II) the Postal Service Retiree Health Bene- consider amendments relevant to the Sec. 305. Vocational rehabilitation. Sec. 306. Reporting requirements. fits Fund established under section 8909a; postal reform bill. ‘‘(III) the Employees Health Benefits Fund es- The PRESIDING OFFICER. Is there Sec. 307. Disability management review; inde- pendent medical examinations. tablished under section 8909; or objection? Sec. 308. Waiting period. ‘‘(IV) the Civil Service Retirement and Dis- Mr. PAUL. Reserving the right to ob- Sec. 309. Election of benefits. ability Fund.’’. ject, the Post Office is losing $4 billion Sec. 310. Sanction for noncooperation with field SEC. 102. ADDITIONAL SERVICE CREDIT. a year, and I sympathize. But at the nurses. (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- same time we are losing $4 billion, we Sec. 311. Subrogation of continuation of pay. tion 8332 of title 5, United States Code, is are sending $2 billion to Egypt. We Sec. 312. Integrity and compliance. amended by adding at the end the following: ‘‘(p)(1)(A) For an employee of the United have problems in our country and we Sec. 313. Amount of compensation. Sec. 314. Technical and conforming amend- States Postal Service who is covered under this don’t have the money to send to Egypt, ments. subchapter and voluntarily separates from serv- so I would say it is relevant. It is rel- Sec. 315. Regulations. ice before October 1, 2014, at the direction of the evant whether, when we have limited TITLE IV—OTHER MATTERS United States Postal Service, the Office shall resources, we send $2 billion to Egypt, add not more than 1 year (as specified by the Sec. 401. Profitability plan. United States Postal Service) to the total cred- or whether we try to fix the problems Sec. 402. Postal rates. itable service of the employee for purposes of de- we have at home. I would say bring Sec. 403. Cooperation with State and local gov- termining entitlement to and computing the some of that money home and that ernments; intra-Service agree- amount of an annuity under this subchapter ments. might help us fix the Post Office. (except for a disability annuity under section Sec. 404. Shipping of wine and beer. The PRESIDING OFFICER. Is there 8337). Sec. 405. Annual report on United States mail- objection to the unanimous consent re- ‘‘(B) An employee who receives additional ing industry. quest? creditable service under this paragraph may not Sec. 406. Use of negotiated service agreements. receive a voluntary separation incentive pay- Mr. PAUL. I continue my objection. Sec. 407. Contract disputes. ment from the United States Postal Service. f Sec. 408. Contracting provisions. ‘‘(2)(A) Subject to subparagraph (B), and not- 21ST CENTURY POSTAL SERVICE SEC. 3. DEFINITIONS. withstanding any other provision of law, no de- ACT In this Act, the following definitions shall duction, deposit, or contribution shall be re- apply: quired for service credited under this subsection. Mr. REID. Would the Chair report (1) COMMISSION.—The term ‘‘Commission’’ ‘‘(B) The actuarial present value of the addi- the bill, please. means the Postal Regulatory Commission. tional liability of the United States Postal Serv- The PRESIDING OFFICER. The (2) POSTAL SERVICE.—The term ‘‘Postal Serv- ice to the Fund resulting from this subsection clerk will report the pending business. ice’’ means the United States Postal Service. shall be included in the amount calculated The assistant bill clerk read as fol- TITLE I—POSTAL WORKFORCE MATTERS under section 8348(h)(1)(A).’’. lows: SEC. 101. TREATMENT OF POSTAL FUNDING SUR- (b) FEDERAL EMPLOYEES RETIREMENT SYS- A bill (S. 1789) to improve, sustain, and PLUS FOR FEDERAL EMPLOYEES RE- TEM.—Section 8411 of title 5, United States Code, transform the United States Postal Service. TIREMENT SYSTEM. is amended by adding at the end the following: Section 8423(b) of title 5, United States Code, ‘‘(m)(1)(A) For an employee of the United There being no objection, the Senate is amended— States Postal Service who is covered under this proceeded to consider the bill which (1) by redesignating paragraph (5) as para- chapter and voluntarily separates from service had been reported from the Committee graph (6); and before October 1, 2014, at the direction of the on Homeland Security and Govern- (2) by inserting after paragraph (4) the fol- United States Postal Service, the Office shall mental Affairs, with an amendment to lowing: add not more than 2 years (as specified by the strike all after the enacting clause and ‘‘(5)(A) In this paragraph, the term ‘postal United States Postal Service) to the total cred- funding surplus’ means the amount by which itable service of the employee for purposes of de- insert in lieu thereof the following: the amount computed under paragraph (1)(B) is termining entitlement to and computing the SECTION 1. SHORT TITLE. less than zero. amount of an annuity under this chapter (ex- This Act may be cited as the ‘‘21st Century ‘‘(B)(i) Beginning with fiscal year 2011, for cept for a disability annuity under subchapter V Postal Service Act of 2012’’. each fiscal year in which the amount computed of that chapter).

VerDate Mar 15 2010 03:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 6333 E:\CR\FM\G17AP6.027 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2358 CONGRESSIONAL RECORD — SENATE April 17, 2012 ‘‘(B) An employee who receives additional (1) shall— (a)(3) as to the necessity for the closing or con- creditable service under this paragraph may not (A) be available for participation by all cov- solidation of any postal facility, the Postal receive a voluntary separation incentive pay- ered employees; Service shall— ment from the United States Postal Service. (B) be available for participation by any offi- ‘‘(i) conduct an area mail processing study re- ‘‘(2)(A) Subject to subparagraph (B), and not- cer or employee of the Postal Service who is not lating to that postal facility that includes a withstanding any other provision of law, no de- a covered employee, at the option solely of that plan to reduce the capacity of the postal facil- duction, deposit, or contribution shall be re- officer or employee; ity, but not close the postal facility; quired for service credited under this subsection. (C) provide adequate and appropriate health ‘‘(ii) publish the study on the Postal Service ‘‘(B) The actuarial present value of the addi- benefits; website; and tional liability of the United States Postal Serv- (D) be administered in a manner determined ‘‘(iii) publish a notice that the study is com- ice to the Fund resulting from this subsection in a joint agreement reached under subsection plete and available to the public, including on shall be included in the amount calculated (b); and the Postal Service website. under section 8423(b)(1)(B).’’. (E) provide for transition of coverage under ‘‘(B) COMPLETED OR ONGOING AREA MAIL SEC. 103. RESTRUCTURING OF PAYMENTS FOR the Federal Employee Health Benefits Program PROCESSING STUDIES.— RETIREE HEALTH BENEFITS. of covered employees to coverage under the ‘‘(i) IN GENERAL.—In the case of a postal facil- (a) CONTRIBUTIONS.—Section 8906(g)(2)(A) of Postal Service Health Benefits Program on Jan- ity described in clause (ii), the Postal Service title 5, United States Code, is amended by strik- uary 1, 2013; shall— ing ‘‘through September 30, 2016, be paid by the (2) may provide dental benefits; and ‘‘(I) consider a plan to reduce the capacity of United States Postal Service, and thereafter (3) may provide vision benefits. the postal facility, but not close the postal facil- shall’’ and inserting ‘‘after the date of enact- (d) AGREEMENT AND IMPLEMENTATION.—If a ity; and ment of the 21st Century Postal Service Act of joint agreement is reached under subsection ‘‘(II) publish the results of the consideration 2012’’. (b)— under subclause (I) with or as an amendment to (b) POSTAL SERVICE RETIREE HEALTH BENE- (1) the Postal Service shall implement the the area mail processing study relating to the FITS FUND.—Section 8909a of title 5, United Postal Service Health Benefits Program; postal facility. States Code, is amended— (2) the Postal Service Health Benefits Program ‘‘(ii) POSTAL FACILITIES.—A postal facility de- (1) in subsection (d)— shall constitute an agreement between the col- scribed in this clause is a postal facility for (A) in paragraph (2)(B)— lective bargaining representatives and the Post- which, on or before the date of enactment of (i) by striking ‘‘2017’’ and inserting ‘‘2012’’; al Service for purposes of section 1005(f) of title this subsection— and 39, United States Code; and ‘‘(I) an area mail processing study that does (ii) by inserting after ‘‘later, of’’ the fol- (3) covered employees may not participate as not include a plan to reduce the capacity of the lowing: ‘‘80 percent of’’; and employees in the Federal Employees Health Ben- postal facility, but not close the facility, has (B) in paragraph (3)— efits Program. been completed or is in progress; and (i) in subparagraph (A)— (e) GOVERNMENT PLAN.—The Postal Service ‘‘(II) a determination as to the necessity for (I) in clause (iii), by adding ‘‘and’’ at the end; Health Benefits Program shall be a government the closing or consolidation of the postal facility (II) in clause (iv), by striking the semicolon at plan as that term is defined under section 3(32) has not been made. the end and inserting a period; and ‘‘(3) NOTICE, PUBLIC COMMENT, AND PUBLIC (III) by striking clauses (v) through (x); and of Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)). HEARING.—If the Postal Service makes a deter- (ii) in subparagraph (B), by striking ‘‘2017’’ mination under subsection (a)(3) to close or con- and inserting ‘‘2012’’; and (f) REPORT.—Not later than June 30, 2013, the Postal Service shall submit a report to the Com- solidate a postal facility, the Postal Service (2) by adding at the end the following: shall— ‘‘(e) Subsections (a) through (d) shall be sub- mittee on Homeland Security and Governmental Affairs of the Senate and the Committee on ‘‘(A) provide notice of the determination to— ject to section 104 of the 21st Century Postal ‘‘(i) Congress; and Oversight and Government Reform of the House Service Act of 2012.’’. ‘‘(ii) the Postal Regulatory Commission; SEC. 104. POSTAL SERVICE HEALTH BENEFITS of Representatives that— ‘‘(B) provide adequate public notice of the in- PROGRAM. (1) reports on the implementation of this sec- tention of the Postal Service to close or consoli- (a) DEFINITIONS.—In this section— tion; and date the postal facility; (1) the term ‘‘covered employee’’ means an em- (2) requests any additional statutory author- ‘‘(C) ensure that interested persons have an ployee of the Postal Service who is represented ity that the Postal Service determines is nec- opportunity to submit public comments during a by a bargaining representative recognized under essary to carry out the purposes of this section. 45-day period after the notice of intention is section 1203 of title 39, United States Code; SEC. 105. ARBITRATION; LABOR DISPUTES. provided under subparagraph (B); (2) the term ‘‘Federal Employee Health Bene- Section 1207(c)(2) of title 39, United States ‘‘(D) before the 45-day period described in fits Program’’ means the health benefits pro- Code, is amended— subparagraph (C), provide for public notice of gram under chapter 89 of title 5, United States (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; that opportunity by— Code; and (2) by striking the last sentence and inserting ‘‘(i) publication on the Postal Service website; (3) the term ‘‘Postal Service Health Benefits ‘‘The arbitration board shall render a decision ‘‘(ii) posting at the affected postal facility; Program’’ means the health benefits program not later than 45 days after the date of its ap- and that may be agreed to under subsection (b)(1). pointment.’’; and ‘‘(iii) advertising the date and location of the (b) COLLECTIVE BARGAINING.— (3) by adding at the end the following: public community meeting under subparagraph (1) IN GENERAL.—Consistent with section ‘‘(B) In rendering a decision under this para- (E); and 1005(f) of title 39, United States Code, the Postal graph, the arbitration board shall consider such ‘‘(E) during the 45-day period described in Service may negotiate jointly with all bar- relevant factors as— subparagraph (C), conduct a public community gaining representatives recognized under section ‘‘(i) the financial condition of the Postal Serv- meeting that provides an opportunity for public 1203 of title 39, United States Code, and enter ice; comments to be submitted verbally or in writing. into a joint collective bargaining agreement with ‘‘(ii) the requirements relating to pay and ‘‘(4) FURTHER CONSIDERATIONS.—Not earlier those bargaining representatives to establish the compensation comparability under section than 30 days after the end of the 45-day period Postal Service Health Benefits Program that sat- 1003(a); and for public comment under paragraph (3), the isfies the conditions under subsection (c). The ‘‘(iii) the policies of this title.’’. Postal Service, in making a determination Postal Service and the bargaining representa- TITLE II—POSTAL SERVICES AND whether or not to close or consolidate a postal tives shall negotiate in consultation with the Di- OPERATIONS facility, shall consider— rector of the Office of Personnel Management. ‘‘(A) the views presented by interested persons (2) CONSULTATION WITH SUPERVISORY AND SEC. 201. POSTAL FACILITIES. solicited under paragraph (3); MANAGERIAL PERSONNEL.—In the course of nego- Section 404 of title 39, United States Code, is ‘‘(B) the effect of the closing or consolidation tiations under paragraph (1), the Postal Service amended by adding after subsection (e) the fol- on the affected community, including any dis- shall consult with each of the organizations of lowing: proportionate impact the closure or consolida- supervisory and other managerial personnel ‘‘(f) CLOSING OR CONSOLIDATION OF CERTAIN tion may have on a State, region, or locality; that are recognized under section 1004 of title 39, POSTAL FACILITIES.— ‘‘(C) the effect of the closing or consolidation United States Code, concerning the views of the ‘‘(1) POSTAL FACILITY.—In this subsection, the on the travel times and distances for affected personnel represented by each of those organi- term ‘postal facility’— customers to access services under the proposed zations. ‘‘(A) means any Postal Service facility that is closing or consolidation; (3) ARBITRATION LIMITATION.—Notwith- primarily involved in the preparation, dispatch, ‘‘(D) the effect of the closing or consolidation standing chapter 12 of title 39, United States or other physical processing of mail; and on delivery times for all classes of mail; Code, there shall not be arbitration of any dis- ‘‘(B) does not include— ‘‘(E) any characteristics of certain geo- pute in the negotiations under this subsection. ‘‘(i) any post office, station, or branch; or graphical areas, such as remoteness, broadband (4) TIME LIMITATION.—The authority under ‘‘(ii) any facility used only for administrative internet availability, and weather-related obsta- this subsection shall extend until September 30, functions. cles to using alternative facilities, that may re- 2012. ‘‘(2) AREA MAIL PROCESSING STUDY.— sult in the closing or consolidation having a (c) POSTAL SERVICE HEALTH BENEFITS PRO- ‘‘(A) NEW AREA MAIL PROCESSING STUDIES.— unique effect; and GRAM.—The Postal Service Health Benefits Pro- After the date of enactment of this subsection, ‘‘(F) any other factor the Postal Service deter- gram— before making a determination under subsection mines is necessary.

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‘‘(5) JUSTIFICATION STATEMENT.—Before the structure that considers efficiency, costs, Postal Service regular and effective access to re- date on which the Postal Service closes or con- redundancies, mail volume, technological ad- tail postal services nationwide (including in ter- solidates a postal facility, the Postal Service vancements, operational considerations, and ritories and possessions of the United States) on shall post on the Postal Service website a clo- other issues that may be relevant to establishing a reasonable basis. sure or consolidation justification statement an effective area and district office structure; (3) CONTENTS.—The service standards estab- that includes— and lished under paragraph (2) shall— ‘‘(A) a response to all public comments re- (2) a 10-year plan, including a timetable, that (A) be consistent with— ceived with respect to the considerations de- provides for consolidation of area and district (i) the obligations of the Postal Service under scribed under paragraph (4); offices wherever the Postal Service determines a section 101(b) of title 39, United States Code; ‘‘(B) a description of the considerations made consolidation would— and by the Postal Service under paragraph (4); and (A) be cost effective; and (ii) the contents of the plan developed under ‘‘(C) the actions that will be taken by the (B) not substantially and adversely affect the section 302 of the Postal Accountability and En- Postal Service to mitigate any negative effects operations of the Postal Service. hancement Act of 2006 (39 U.S.C. 3691 note), as identified under paragraph (4). (b) CONSOLIDATION.—Beginning not later than amended by section 202 of this Act; and ‘‘(6) CLOSING OR CONSOLIDATION OF POSTAL 1 year after the date of enactment of this Act, (B) take into account factors including— FACILITIES.— the Postal Service shall, consistent with the (i) geography, including the establishment of ‘‘(A) IN GENERAL.—Not earlier than the 15 plans required under and the criteria described standards for the proximity of retail postal serv- days after posting and publishing the final de- in subsection (a)— ices to postal customers, including a consider- termination and the justification statement (1) consolidate district offices that are located ation of the reasonable maximum time a postal under paragraph (6) with respect to a postal fa- within 50 miles of each other; customer should expect to travel to access a cility, the Postal Service may close or consoli- (2) consolidate area and district offices that postal retail location; date the postal facility. have less than the mean mail volume and num- (ii) population, including population density, ‘‘(B) ALTERNATIVE INTAKE OF MAIL.—If the ber of work hours for all area and district of- demographic factors such as the age and dis- Postal Service closes or consolidates a postal fa- fices; and ability status of individuals in the area to be cility under subparagraph (A), the Postal Serv- (3) relocate area offices to headquarters. served by a location providing postal retail serv- ice shall make reasonable efforts to ensure con- (c) UPDATES.—The Postal Service shall update ices, and other factors that may impact the abil- tinued mail receipt from customers of the closed the plans required under subsection (a) not less ity of postal customers, including businesses, to or consolidated postal facility at the same loca- frequently than once every 5 years. travel to a postal retail location; tion or at another appropriate location in close SEC. 204. POST OFFICES; RETAIL SERVICE STAND- (iii) the feasibility of offering retail access to geographic proximity to the closed or consoli- ARDS. postal services in addition to post offices, as de- dated postal facility. (a) CLOSING POST OFFICES.—Section 404 of scribed in section 302(d) of the Postal Account- ‘‘(7) POSTAL SERVICE WEBSITE.—For purposes title 39, United States Code, is amended— ability and Enhancement Act of 2006 (39 U.S.C. of any notice required to be published on the (1) by striking ‘‘(d)(1)’’ and all that follows 3691 note); Postal Service website under this subsection, the through ‘‘present their views.’’ and inserting (iv) the requirement that the Postal Service Postal Service shall ensure that the Postal Serv- the following: serve remote areas and communities with trans- ice website— ‘‘(d)(1) The Postal Service, prior to making a portation challenges, including communities in ‘‘(A) is updated routinely; and determination under subsection (a)(3) of this which the effects of inclement weather or other ‘‘(B) provides any person, at the option of the section as to the necessity for the closing or con- natural conditions might obstruct or otherwise person, the opportunity to receive relevant up- solidation of any post office, shall— impede access to retail postal services; and dates by electronic mail. ‘‘(A) consider whether— (v) the ability of postal customers to access re- ‘‘(8) PROTECTION OF CERTAIN INFORMATION.— ‘‘(i) to close the post office or consolidate the tail postal services in areas that were served by Nothing in this subsection may be construed to post office and another post office located with- a post office that was closed or consolidated require the Postal Service to disclose— in a reasonable distance; during the 1 year period ending on the date of ‘‘(A) any proprietary data, including any ref- ‘‘(ii) instead of closing or consolidating the enactment of this Act. erence or citation to proprietary data; and post office— (c) PROHIBITION ON CLOSING POST OFFICES.— ‘‘(B) any information relating to the security ‘‘(I) to reduce the number of hours a day that Notwithstanding section 404(d) of title 39, of a postal facility.’’. the post office operates; or United States Code, during the period beginning ‘‘(II) to continue operating the post office for on the date of enactment of this Act and ending SEC. 202. ADDITIONAL POSTAL SERVICE PLAN- the same number of hours a day; NING. on the date on which the Postal Service estab- ‘‘(iii) to procure a contract providing full, or Section 302(d) of the Postal Accountability lishes the service standards under subsection less than full, retail services in the community and Enhancement Act of 2006 (39 U.S.C. 3691 (b), the Postal Service may not close a post of- served by the post office; or fice, except as required for the immediate protec- note) is amended— ‘‘(iv) to provide postal services to the commu- (1) in paragraph (8), by striking the period at tion of health and safety. nity served by the post office through a rural SEC. 205. CONVERSION OF DOOR DELIVERY the end and inserting ‘‘; and’’; carrier; (2) by redesignating paragraphs (1) through POINTS. ‘‘(B) provide postal customers served by the (a) IN GENERAL.—Subchapter VII of chapter (8) as subparagraphs (A) through (H), respec- post office an opportunity to participate in a tively, and adjusting the margins accordingly; 36 of title 39, United States Code, is amended by nonbinding survey conducted by mail on a pref- adding at the end the following: (3) in the matter preceding subparagraph (A), erence for an option described in subparagraph as so redesignated, by striking ‘‘shall include’’ (A); and ‘‘§ 3692. Conversion of door delivery points and inserting the following: ‘‘shall— ‘‘(C) if the Postal Service determines to close ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(1) include’’; and or consolidate the post office, provide adequate lowing definitions shall apply: (4) by adding at the end the following: notice of its intention to close or consolidate ‘‘(1) CENTRALIZED DELIVERY POINT.—The term ‘‘(2) where possible, provide for an improve- such post office at least 60 days prior to the pro- ‘centralized delivery point’ means a group or ment in customer access to postal services; posed date of such closing or consolidation to cluster of mail receptacles at 1 delivery point ‘‘(3) consider the impact of any decisions by persons served by such post office to ensure that that is within reasonable proximity of the street the Postal Service relating to the implementa- such persons will have an opportunity to address associated with the delivery point. tion of the plan on small communities and rural present their views.’’; and ‘‘(2) CURBLINE DELIVERY POINT.—The term areas; and (2) in subsection (d)(5), in the first sentence— ‘curbline delivery point’ means a delivery point ‘‘(4) ensure that— (A) by inserting ‘‘, station, or branch’’ after that is— ‘‘(A) small communities and rural areas con- ‘‘post office’’; ‘‘(A) adjacent to the street address associated tinue to receive regular and effective access to (B) by inserting ‘‘, station, or branch’’ after with the delivery point; and retail postal services after implementation of the ‘‘such office’’; and ‘‘(B) accessible by vehicle on a street that is plan; and (C) by striking ‘‘under paragraph (3)’’. not a private driveway. ‘‘(B) the Postal Service solicits community (b) RETAIL SERVICE STANDARDS.— ‘‘(3) DOOR DELIVERY POINT.—The term ‘door input in accordance with applicable provisions (1) DEFINITION.—In this subsection, the term delivery point’ means a delivery point at a door of Federal law.’’. ‘‘retail postal service’’ means service that allows of the structure at a street address. SEC. 203. AREA AND DISTRICT OFFICE STRUC- a postal customer to— ‘‘(4) SIDEWALK DELIVERY POINT.—The term TURE. (A) purchase postage; ‘sidewalk delivery point’ means a delivery point (a) PLAN REQUIRED.—Not later than 1 year (B) enter packages into the mail; and on a sidewalk adjacent to the street address as- after the date of enactment of this Act, the Post- (C) procure other services offered by the Post- sociated with the delivery point. al Service shall submit to the Committee on al Service. ‘‘(b) CONVERSION.—Except as provided in sub- Homeland Security and Governmental Affairs of (2) ESTABLISHMENT.—Not later than 6 months section (c), and in accordance with the profit- the Senate and the Committee on Oversight and after the date of enactment of this Act, the Post- ability plan required under section 401 and Governmental Reform of the House of Rep- al Service shall exercise its authority under sec- standards established by the Postal Service, the resentatives— tion 3691 of title 39, United States Code, to es- Postal Service is authorized to, to the maximum (1) a comprehensive strategic plan to govern tablish service standards for market-dominant extent feasible, convert door delivery points to— decisions relating to area and district office products in order to guarantee customers of the ‘‘(1) curbline delivery points;

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 6333 E:\CR\FM\A17AP6.002 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2360 CONGRESSIONAL RECORD — SENATE April 17, 2012 ‘‘(2) sidewalk delivery points; or under subsection (a)(2), the Postal Service with the time limits for the issuance of advisory ‘‘(3) centralized delivery points. shall— opinions under section 3661(b)(2) of title 39, ‘‘(c) EXCEPTIONS.— (1) identify customers and communities for United States Code, as amended by this Act; ‘‘(1) CONTINUED DOOR DELIVERY.—The Postal whom the change may have a disproportionate, and Service may allow for the continuation of door negative impact, including the customers identi- (II) submit the advisory opinion to the Com- delivery due to— fied as ‘‘particularly affected’’ in the Advisory mittee on Homeland Security and Governmental ‘‘(A) a physical hardship of a customer; Opinion on Elimination of Saturday Delivery Affairs of the Senate and the Committee on ‘‘(B) weather, in a geographic area where issued by the Commission on March 24, 2011; Oversight and Government Reform of the House snow removal efforts could obstruct access to (2) develop, to the maximum extent possible, of Representatives. mailboxes near a road; measures to ameliorate any disproportionate, (ii) REQUIRED DETERMINATIONS.—An advisory ‘‘(C) circumstances in an urban area that pre- negative impact the change would have on cus- opinion under clause (i) shall determine— clude efficient use of curbline delivery points; tomers and communities identified under para- (I) whether the measures developed under ‘‘(D) other exceptional circumstances, as de- graph (1), including, where appropriate, pro- subsection (b)(2) ameliorate any dispropor- termined in accordance with regulations issued viding or expanding access to mailboxes for peri- tionate, negative impact that a change in sched- by the Postal Service; or odical mailers on days on which the Postal ule may have on customers and communities ‘‘(E) other circumstances in which the Postal Service does not provide delivery; identified under subsection (b)(1); and Service determines that alternatives to door de- (3) implement measures to increase revenue (II) based on the report submitted by the livery would not be practical or cost effective. and reduce costs, including the measures au- Comptroller General under paragraph (1)— ‘‘(2) NEW DOOR DELIVERY POINTS.—The Postal thorized under the amendments made by sec- (aa) whether the Postal Service has imple- Service may provide door delivery to a new de- tions 101, 102, 103, 205, and 209 of this Act; mented measures to reduce operating losses as livery point in a delivery area that received door (4) evaluate whether any increase in revenue required under subsection (b)(3); delivery on the day before the date of enactment or reduction in costs resulting from the measures (bb) whether the implementation of the meas- of this section, if the delivery point is estab- implemented under paragraph (3) are sufficient ures described in item (aa) has increased reve- lished before the delivery area is converted from to allow the Postal Service, without imple- nues or reduced costs, or is projected to further door delivery under subsection (b). menting a change in delivery schedule under increase revenues or reduce costs in the future; ‘‘(d) SOLICITATION OF COMMENTS.—The Postal subsection (a), to— and Service shall establish procedures to solicit, con- (A) become profitable by fiscal year 2015; and (cc) whether a change in schedule under sub- sider, and respond to input from individuals af- (B) achieve long-term financial solvency; and section (a)(2) is necessary to allow the Postal fected by a conversion under this section. (5) not earlier than 15 months after the date Service to— ‘‘(e) REVIEW.—Subchapter V of this chapter of enactment of this Act and not later than 9 (AA) become profitable by fiscal year 2015; shall not apply with respect to any action taken months before the effective date proposed by the and by the Postal Service under this section. Postal Service for the change, submit a report (BB) achieve long-term financial solvency. ‘‘(f) REPORT.—Not later than 60 days after the on the steps the Postal Service has taken to (3) PROHIBITION ON IMPLEMENTATION OF end of each fiscal year through fiscal year 2015, carry out this subsection to— CHANGE IN SCHEDULE.—The Postal Service may the Postal Service shall submit to Congress and (A) the Committee on Homeland Security and not implement a change in delivery schedule the Inspector General of the Postal Service a re- Governmental Affairs of the Senate and the under subsection (a)(2)— port on the implementation of this section dur- Committee on Oversight and Government Re- (A) before the date on which the Comptroller ing the preceding fiscal year that— form of the House of Representatives; General submits the report required under para- ‘‘(1) includes the number of door delivery (B) the Comptroller General of the United graph (1); and points— States; and (B) unless the Commission determines under ‘‘(A) that existed at the end of the fiscal year (C) the Commission. paragraph (2)(B)(ii)(II)(cc) that the Comptroller preceding the preceding fiscal year; (c) REVIEW.— General has concluded that the change is nec- ‘‘(B) that existed at the end of the preceding (1) GOVERNMENT ACCOUNTABILITY OFFICE.— essary to allow the Postal Service to become fiscal year; Not later than 3 months after the date on which profitable by fiscal year 2015 and to achieve ‘‘(C) that, during the preceding fiscal year, the Postal Service submits a report under sub- long-term financial solvency, without regard to converted to— section (b)(5), the Comptroller General shall sub- whether the Commission determines that the ‘‘(i) curbline delivery points or sidewalk deliv- mit to the Commission and to the Committee on change is advisable. ery points; Homeland Security and Governmental Affairs of (d) ADDITIONAL LIMITATIONS.— ‘‘(ii) centralized delivery points; and the Senate and the Committee on Oversight and (1) RULES OF CONSTRUCTION.—Nothing in this ‘‘(iii) any other type of delivery point; and Government Reform of the House of Representa- subsection shall be construed to— (A) authorize the reduction, or require an in- ‘‘(D) for which door delivery was continued tives a report that contains findings relating to crease, in delivery frequency for any route for under subsection (c)(1); each of the following: which the Postal Service provided delivery on ‘‘(2) estimates any cost savings, revenue loss, (A) Whether the Postal Service has adequately fewer than 6 days per week on the date of en- or decline in the value of mail resulting from the complied with subsection (b)(3), taking into con- actment of this Act; conversions from door delivery that occurred sideration the statutory authority of and limita- (B) authorize any change in— during the preceding fiscal year; tions on the Postal Service. (i) the days and times that postal retail service ‘‘(3) describes the progress of the Postal Serv- (B) The accuracy of any statement by the or any mail acceptance is available at postal re- ice toward achieving the conversions authorized Postal Service that the measures implemented tail facilities or processing facilities; or under subsection (b); and under subsection (b)(3) have increased revenues (ii) the locations at which postal retail service ‘‘(4) provides such additional information as or reduced costs, and the accuracy of any pro- or mail acceptance occurs at postal retail facili- the Postal Service considers appropriate.’’. jection by the Postal Service relating to in- creased revenue or reduced costs resulting from ties or processing facilities; (b) CLERICAL AMENDMENT.—The table of sec- (C) authorize any change in the frequency of tions for subchapter VII of chapter 36 of title 39, the measures implemented under subsection (b)(3). delivery to a post office box; United States Code, is amended by adding at the (D) prohibit the collection or delivery of a end the following: (C) The adequacy and methodological sound- ness of any evaluation conducted by the Postal competitive mail product on a weekend, a recog- ‘‘3692. Conversion of door delivery points.’’. Service under subsection (b)(4) that led the Post- nized Federal holiday, or any other specific day SEC. 206. LIMITATIONS ON CHANGES TO MAIL DE- al Service to assert the necessity of a change in of the week; or LIVERY SCHEDULE. delivery schedule under subsection (a)(2). (E) prohibit the Postal Service from exercising (a) LIMITATION ON CHANGE IN SCHEDULE.— (D) Whether, based on an analysis of the its authority to make changes to processing or Notwithstanding any other provision of law— measures implemented by the Postal Service to retail networks. (1) the Postal Service may not establish a gen- increase revenues and reduce costs, projections (2) PROHIBITION ON CONSECUTIVE DAYS WITH- eral, nationwide delivery schedule of 5 or fewer of increased revenue and cost savings, and the OUT MAIL DELIVERY.—The Postal Service shall days per week to street addresses under the au- details of the profitability plan required under ensure that, under any change in schedule thority of the Postal Service under title 39, section 401, a change in delivery schedule is nec- under subsection (a)(2), at no time shall there be United States Code, earlier than the date that is essary to allow the Postal Service to— more than 2 consecutive days without mail de- 24 months after the date of enactment of this (i) become profitable by fiscal year 2015; and livery to street addresses, including recognized Act; and (ii) achieve long-term financial solvency. Federal holidays. (2) on or after the date that is 24 months after (2) POSTAL REGULATORY COMMISSION.— SEC. 207. TIME LIMITS FOR CONSIDERATION OF the date of enactment of this Act, the Postal (A) REQUEST.—Not later than 6 months before SERVICE CHANGES. Service may establish a general, nationwide 5- the proposed effective date of a change in deliv- Section 3661 of title 39, United States Code, is day-per-week delivery schedule to street ad- ery schedule under subsection (a), the Postal amended by striking subsections (b) and (c) and dresses under the authority of the Postal Service Service shall submit to the Commission a request inserting the following: under section 3691 of title 39, United States for an advisory opinion relating to the change. ‘‘(b) PROPOSED CHANGES FOR MARKET-DOMI- Code, only in accordance with the requirements (B) ADVISORY OPINION.— NANT PRODUCTS.— and limitations under this section. (i) IN GENERAL.—The Commission shall— ‘‘(1) SUBMISSION OF PROPOSAL.—If the Postal (b) PRECONDITIONS.—If the Postal Service in- (I) issue an advisory opinion with respect to a Service determines that there should be a tends to establish a change in delivery schedule request under subparagraph (A), in accordance change in the nature of postal services relating

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to market-dominant products that will generally (b) EXCEPTION FOR GOOD CAUSE.—If the Post- (2) in subsection (e)(2), by striking ‘‘Nothing’’ affect service on a nationwide or substantially al Service determines that there is an urgent and all that follows through ‘‘except that the’’ nationwide basis, the Postal Service shall submit and compelling need for a change to a mailing and inserting ‘‘The’’. a proposal to the Postal Regulatory Commission specification described in subsection (a) in order (b) MARKET ANALYSIS.—During the 5-year pe- requesting an advisory opinion on the change. to avoid demonstrable harm to the operations of riod beginning on the date of enactment of this ‘‘(2) ADVISORY OPINION.—Upon receipt of a the Postal Service or to the public interest, the Act, the Postal Service shall submit a copy of proposal under paragraph (1), the Postal Regu- Postal Service may— any market analysis provided to the Commission latory Commission shall— (1) change the mailing specifications by— under section 404(a)(6)(A)(iv) of title 39, United ‘‘(A) provide an opportunity for public com- (A) issuing an interim final rule that— States Code, as amended by this section, to the ment on the proposal; and (i) includes a finding by the Postal Service Committee on Homeland Security and Govern- ‘‘(B) issue an advisory opinion not later that there is good cause for the interim final mental Affairs of the Senate and the Committee than— rule; on Oversight and Government Reform of the ‘‘(i) 90 days after the date on which the Postal (ii) provides an opportunity for the submission House of Representatives. Regulatory Commission receives the proposal; or of written comments on the interim final rule for TITLE III—FEDERAL EMPLOYEES’ ‘‘(ii) a date that the Postal Regulatory Com- a period of not less than 30 days; and COMPENSATION ACT mission and the Postal Service may, not later (iii) establishes an effective date for the in- SEC. 301. SHORT TITLE; REFERENCES. than 1 week after the date on which the Postal terim final rule that is not earlier than 30 days Regulatory Commission receives the proposal, (a) SHORT TITLE.—This title may be cited as after the date on which the interim final rule is the ‘‘Workers’ Compensation Reform Act of determine jointly. issued; and ‘‘(3) RESPONSE TO OPINION.—The Postal Serv- 2012’’. (B) publishing in the Federal Register a re- ice shall submit to the President and to Congress (b) REFERENCES.—Except as otherwise ex- sponse to any comments submitted under sub- a response to an advisory opinion issued under pressly provided, whenever in this title an paragraph (A)(ii); and paragraph (2) that includes— amendment or repeal is expressed in terms of an (2) waive the requirement under paragraph ‘‘(A) a statement of whether the Postal Service amendment to, or a repeal of, a section or other (1)(A)(iii) or subsection (a)(4). plans to modify the proposal to address any provision, the reference shall be considered to be (c) RULES RELATING TO NOTICE AND COM- concerns or implement any recommendations made to a section or other provision of title 5, MENT.— made by the Commission; and United States Code. (1) IN GENERAL.—Not later than 180 days after ‘‘(B) for any concern that the Postal Service SEC. 302. FEDERAL WORKERS COMPENSATION RE- determines not to address and any recommenda- the date of enactment of this Act, the Postal FORMS FOR RETIREMENT-AGE EM- tion that the Postal Service determines not to Service shall issue rules governing the provision PLOYEES. implement, the reasons for the determination. of notice and opportunity for comment for (a) CONVERSION OF ENTITLEMENT AT RETIRE- ‘‘(4) ACTION ON PROPOSAL.—The Postal Serv- changes in mailing specifications under sub- MENT AGE.— ice may take action regarding a proposal sub- section (a). (1) DEFINITIONS.—Section 8101 is amended mitted under paragraph (1)— (2) RULES.—In issuing the rules required (A) in paragraph (18), by striking ‘‘and’’ at ‘‘(A) on or after the date that is 30 days after under paragraph (1), the Postal Service shall— the end; the date on which the Postal Service submits the (A) publish a notice of proposed rulemaking in (B) in paragraph (19), by striking ‘‘and’’ at response required under paragraph (3); the Federal Register that includes proposed defi- the end; ‘‘(B) on or after a date that the Postal Regu- nitions of the terms ‘‘mailing specifications’’ (C) in paragraph (20), by striking the period latory Commission and the Postal Service may, and ‘‘significant burden’’; at the end and inserting a semicolon; and not later than 1 week after the date on which (B) provide an opportunity for the submission (D) by adding at the end the following: the Postal Regulatory Commission receives a of written comments concerning the proposed ‘‘(21) ‘retirement age’ has the meaning given proposal under paragraph (2), determine jointly; change for a period of not less than 30 days; that term under section 216(l)(1) of the Social or and Security Act (42 U.S.C. 416(l)(1)); ‘‘(C) after the date described in paragraph (C) publish— ‘‘(22) ‘covered claim for total disability’ means (2)(B), if— (i) the rule in final form in the Federal Reg- a claim for a period of total disability that com- ‘‘(i) the Postal Regulatory Commission fails to ister; and menced before the date of enactment of the issue an advisory opinion on or before the date (ii) responses to the comments submitted under Workers’ Compensation Reform Act of 2012; described in paragraph (2)(B); and subparagraph (B). ‘‘(23) ‘covered claim for partial disability’ ‘‘(ii) the action is not otherwise prohibited SEC. 209. NONPOSTAL PRODUCTS AND SERVICES. means a claim for a period of partial disability that commenced before the date of enactment of under Federal law. (a) IN GENERAL.—Section 404 of title 39, the Workers’ Compensation Reform Act of 2012; ‘‘(5) MODIFICATION OF TIMELINE.—At any United States Code, is amended— and time, the Postal Service and the Postal Regu- (1) in subsection (a)— ‘‘(24) ‘individual who has an exempt disability latory Commission may jointly redetermine a (A) by redesignating paragraphs (6) through condition’ means an individual— date determined under paragraph (2)(B)(ii) or (8) as paragraphs (7) through (9), respectively; (4)(B).’’. ‘‘(A) who— and ‘‘(i) is eligible to receive continuous periodic SEC. 208. PUBLIC PROCEDURES FOR SIGNIFICANT (B) by inserting after paragraph (5) the fol- CHANGES TO MAILING SPECIFICA- compensation for total disability under section lowing: 8105 on the date of enactment of the Workers’ TIONS. ‘‘(6) after the date of enactment of the 21st (a) NOTICE AND OPPORTUNITY FOR COMMENT Compensation Reform Act of 2012; and Century Postal Service Act of 2012, and except REQUIRED.—Effective on the date on which the ‘‘(ii) meets the criteria under section 8105(c); as provided in subsection (e), to provide other Postal Service issues a final rule under sub- ‘‘(B) who, on the date of enactment of the services that are not postal services, after the section (c), before making a change to mailing Workers’ Compensation Reform Act of 2012— Postal Regulatory Commission— specifications that could pose a significant bur- ‘‘(i) is eligible to receive continuous periodic ‘‘(A) makes a determination that the provision den to the customers of the Postal Service and compensation for total disability under section of such services— that is not reviewed by the Commission, the 8105; and ‘‘(i) uses the processing, transportation, deliv- Postal Service shall— ‘‘(ii) has sustained a currently irreversible se- ery, retail network, or technology of the Postal (1) publish a notice of the proposed change to vere mental or physical disability for which the Service; the specification in the Federal Register; Secretary of Labor has authorized, for at least (2) provide an opportunity for the submission ‘‘(ii) is consistent with the public interest and the 1-year period ending on the date of enact- of written comments concerning the proposed a demonstrated or potential public demand for— ment of the Workers’ Compensation Reform Act change for a period of not less than 30 days; ‘‘(I) the Postal Service to provide the services of 2012, constant in-home care or custodial care, (3) after considering any comments submitted instead of another entity providing the services; such as placement in a nursing home; or under paragraph (2) and making any modifica- or ‘‘(C) who is eligible to receive continuous peri- tions to the proposed change that the Postal ‘‘(II) the Postal Service to provide the services odic compensation for total disability under sec- Service determines are necessary, publish— in addition to another entity providing the serv- tion 8105— (A) the final change to the specification in the ices; ‘‘(i) for not less than the 3-year period ending Federal Register; ‘‘(iii) would not create unfair competition on the date of enactment of the Workers’ Com- (B) responses to any comments submitted with the private sector; and pensation Reform Act of 2012; or under paragraph (2); and ‘‘(iv) has the potential to improve the net fi- ‘‘(ii) if the individual became eligible to re- (C) an analysis of the financial impact that nancial position of the Postal Service, based on ceive continuous periodic compensation for total the proposed change would have on— a market analysis provided to the Postal Regu- disability under section 8105 during the period (i) the Postal Service; and latory Commission by the Postal Service; and beginning on the date that is 3 years before the (ii) the customers of the Postal Service that ‘‘(B) for services that the Postal Regulatory date of enactment of the Workers’ Compensation would be affected by the proposed change; and Commission determines meet the criteria under Reform Act of 2012 and ending on such date of (4) establish an effective date for the change subparagraph (A), classifies each such service enactment, for not less than the 3-year period to mailing specifications that is not earlier than as a market-dominant product, competitive beginning on the date on which the individual 30 days after the date on which the Postal Serv- product, or experimental product, as required became eligible.’’. ice publishes the final change under paragraph under chapter 36 of title 39, United States (2) TOTAL DISABILITY.—Section 8105 is amend- (3). Code;’’; and ed—

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(A) in subsection (a), by striking ‘‘If’’ and in- ‘‘(A) TOTAL DISABILITY.—For a covered claim ‘‘(c) If the death occurred before the date of serting ‘‘IN GENERAL.—Subject to subsection (b), for total disability by an employee— enactment of the Workers’ Compensation Re- if’’; ‘‘(i) the employee shall receive augmented form Act of 2012, subsection (b)(2)(B) shall be (B) by redesignating subsection (b) as sub- compensation under subsection (c) if the em- applied by substituting ‘75 percent’ for ‘662⁄3 per- section (c); and ployee is an individual who has an exempt dis- cent’.’’. (C) by inserting after subsection (a) the fol- ability condition; and SEC. 304. SCHEDULE COMPENSATION PAYMENTS. lowing: ‘‘(ii) the employee shall receive augmented Section 8107 is amended— ‘‘(b) CONVERSION OF ENTITLEMENT AT RETIRE- compensation under subsection (c) until the (1) in subsection (a), by striking ‘‘at the rate MENT AGE.— date that is 3 years after the date of enactment of 662⁄3 percent of his monthly pay’’ and insert- ‘‘(1) IN GENERAL.—Except as provided in para- of the Workers’ Compensation Reform Act of ing ‘‘at the rate specified under subsection (d)’’; graph (2), the basic compensation for total dis- 2012 if the employee is not an employee de- and ability for an employee who has attained retire- scribed in clause (i). (2) by adding at the end the following: ment age shall be 50 percent of the monthly pay ‘‘(B) PARTIAL DISABILITY.—For a covered ‘‘(d) RATE FOR COMPENSATION.— of the employee. claim for partial disability by an employee, the ‘‘(1) ANNUAL SALARY.— ‘‘(2) EXCEPTIONS.— employee shall receive augmented compensation ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- under subsection (c) until the date that is 3 paragraph (2), the rate under subsection (a) MENT AGE OR HAVE AN EXEMPT DISABILITY CON- years after the date of enactment of the Work- shall be the rate of 662⁄3 percent of the annual DITION.—Paragraph (1) shall not apply to a cov- ers’ Compensation Reform Act of 2012. salary level established under subparagraph ered claim for total disability by an employee if ‘‘(C) PERMANENT DISABILITY COMPENSATED BY (B), in a lump sum equal to the present value the employee— A SCHEDULE.—For a claim for a permanent dis- (as calculated under subparagraph (C)) of the ‘‘(i) on the date of enactment of the Workers’ ability described in section 8107(a) by an em- amount of compensation payable under the Compensation Reform Act of 2012, has attained ployee that commenced before the date of enact- schedule. retirement age; or ment of the Workers’ Compensation Reform Act ‘‘(B) ESTABLISHMENT.— ‘‘(ii) is an individual who has an exempt dis- of 2012, the employee shall receive augmented ‘‘(i) IN GENERAL.—The Secretary of Labor ability condition. compensation under subsection (c).’’. shall establish an annual salary for purposes of ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- (b) MAXIMUM AND MINIMUM MONTHLY PAY- subparagraph (A) in the amount the Secretary PLOYEES.—For a covered claim for total dis- MENTS.—Section 8112 is amended— determines will result in the aggregate cost of ability by an employee who is not an employee (1) in subsection (a)— payments made under this section being equal to described in subparagraph (A), the employee (A) by inserting ‘‘subsections (b) and (c) and’’ what would have been the aggregate cost of shall receive the basic compensation for total before ‘‘section 8138’’; payments under this section if the amendments disability provided under subsection (a) until (B) by striking ‘‘including augmented com- made by section 304(a) of the Workers’ Com- the later of— pensation under section 8110 of this title but’’; pensation Reform Act of 2012 had not been en- ‘‘(i) the date on which the employee attains and acted. retirement age; and (C) by striking ‘‘75 percent’’ each place it ap- ‘‘(ii) COST OF LIVING ADJUSTMENT.—The an- 2 ‘‘(ii) the date that is 3 years after the date of pears and inserting ‘‘66 ⁄3 percent’’; nual salary established under clause (i) shall be enactment of the Workers’ Compensation Re- (2) by redesignating subsection (b) as sub- increased on March 1 of each year by the form Act of 2012.’’. section (c); amount determined by the Secretary of Labor to (3) by inserting after subsection (a) the fol- (3) PARTIAL DISABILITY.—Section 8106 is represent the percent change in the price index lowing: amended— published for December of the preceding year ‘‘(b) EXCEPTIONS.— (A) in subsection (a), by striking ‘‘If’’ and in- over the price index published for the December ‘‘(1) COVERED DISABILITY CONDITION.—For a serting ‘‘IN GENERAL.—Subject to subsection (b), of the year prior to the preceding year, adjusted if’’; covered claim for total disability by an em- ployee, if the employee is an individual who has to the nearest one-tenth of 1 percent. (B) by redesignating subsections (b) and (c) as ‘‘(C) PRESENT VALUE.—The Secretary of Labor subsections (c) and (d), respectively; and an exempt disability condition— ‘‘(A) the monthly rate of compensation for dis- shall calculate the present value for purposes of (C) by inserting after subsection (a) the fol- subparagraph (A) using a rate of interest equal lowing: ability that is subject to the maximum and min- imum monthly amounts under subsection (a) to the average market yield for outstanding ‘‘(b) CONVERSION OF ENTITLEMENT AT RETIRE- shall include any augmented compensation marketable obligations of the United States with MENT AGE.— a maturity of 2 years on the first business day ‘‘(1) IN GENERAL.—Except as provided in para- under section 8110; and ‘‘(B) subsection (a) shall be applied by sub- of the month in which the compensation is paid graph (2), the basic compensation for partial or, in the event that such marketable obligations stituting ‘75 percent’ for ‘662⁄3 percent’ each disability for an employee who has attained re- are not being issued on such date, at an equiva- tirement age shall be 50 percent of the difference place it appears. ‘‘(2) PARTIAL DISABILITY.—For a covered claim lent rate selected by the Secretary of Labor, true between the monthly pay of the employee and for partial disability by an employee, until the discount compounded annually. the monthly wage-earning capacity of the em- date that is 3 years after the date of enactment ‘‘(2) CERTAIN INJURIES.—For an injury that ployee after the beginning of the partial dis- of the Workers’ Compensation Reform Act of occurred before the date of enactment of the ability. 2012— Workers’ Compensation Reform Act of 2012, the ‘‘(2) EXCEPTIONS.— 2 ‘‘(A) the monthly rate of compensation for dis- rate under subsection (a) shall be 66 ⁄3 percent of ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- ability that is subject to the maximum and min- the employee’s monthly pay. MENT AGE.—Paragraph (1) shall not apply to a imum monthly amounts under subsection (a) ‘‘(e) SIMULTANEOUS RECEIPT.— covered claim for partial disability by an em- shall include any augmented compensation ‘‘(1) TOTAL DISABILITY.—An employee who re- ployee if, on the date of enactment of the Work- under section 8110; and ceives compensation for total disability under ers’ Compensation Reform Act of 2012, the em- ‘‘(B) subsection (a) shall be applied by sub- section 8105 may only receive the lump sum of ployee has attained retirement age. schedule compensation under this section in ad- stituting ‘75 percent’ for ‘662⁄3 percent’ each ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- place it appears.’’; and dition to and simultaneously with the benefits PLOYEES.—For a covered claim for partial dis- (4) in subsection (c), as redesignated by para- for total disability after the earlier of— ability by an employee who is not an employee graph (2), by striking ‘‘subsection (a)’’ and in- ‘‘(A) the date on which the basic compensa- described in subparagraph (A), the employee serting ‘‘subsections (a) and (b)’’. tion for total disability of the employee becomes shall receive basic compensation for partial dis- (c) DEATH BENEFITS GENERALLY.—Section 8133 50 percent of the monthly pay of the employee ability in accordance with subsection (a) until is amended— under section 8105(b); or the later of— (1) in subsections (a) and (e), by striking ‘‘75 ‘‘(B) the date on which augmented compensa- ‘‘(i) the date on which the employee attains percent’’ each place it appears and inserting ‘‘66 tion of the employee terminates under section retirement age; and 2⁄3 percent (except as provided in subsection 8110(b)(2)(A)(ii), if the employee receives such ‘‘(ii) the date that is 3 years after the date of (g))’’; and compensation. enactment of the Workers’ Compensation Re- (2) by adding at the end the following: ‘‘(2) PARTIAL DISABILITY.—An employee who form Act of 2012.’’. ‘‘(g) If the death occurred before the date of receives benefits for partial disability under sec- SEC. 303. AUGMENTED COMPENSATION FOR DE- enactment of the Workers’ Compensation Re- tion 8106 may only receive the lump sum of PENDENTS. form Act of 2012, subsections (a) and (e) shall be schedule compensation under this section in ad- (a) IN GENERAL.—Section 8110 is amended— applied by substituting ‘75 percent’ for ‘662⁄3 per- dition to and simultaneously with the benefits (1) by redesignating subsection (b) as sub- cent’ each place it appears.’’. for partial disability after the earlier of— section (c); and (d) DEATH BENEFITS FOR CIVIL AIR PATROL ‘‘(A) the date on which the basic compensa- (2) by inserting after subsection (a) the fol- VOLUNTEERS.—Section 8141 is amended— tion for partial disability of the employee be- lowing: (1) in subsection (b)(2)(B) by striking ‘‘75 per- comes 50 percent of the difference between the ‘‘(b) TERMINATION OF AUGMENTED COMPENSA- cent’’ and inserting ‘‘662⁄3 percent (except as monthly pay of the employee and the monthly TION.— provided in subsection (c))’’; wage-earning capacity of the employee after the ‘‘(1) IN GENERAL.—Subject to paragraph (2), (2) by redesignating subsection (c) as sub- beginning of the partial disability under section augmented compensation for dependants under section (d); and 8106(b); or subsection (c) shall not be provided. (3) by inserting after subsection (b) the fol- ‘‘(B) the date on which augmented compensa- ‘‘(2) EXCEPTIONS.— lowing: tion of the employee terminates under section

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 6333 E:\CR\FM\A17AP6.002 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2363 8110(b)(2)(B), if the employee receives such com- ‘‘(A) may provide that the Secretary will use under subsection (a) the value of housing, pensation.’’. amounts in the Employees’ Compensation Fund board, lodging, and other advantages which are SEC. 305. VOCATIONAL REHABILITATION. to reimburse an employer in an amount equal to part of the earnings of the employee receiving (a) IN GENERAL.—Section 8104 is amended— not more than 100 percent of the compensation compensation in employment or self-employment (1) in subsection (a)— the individual would otherwise receive under and the value of which can be estimated. (A) by striking ‘‘(a) The Secretary of Labor section 8105 or 8106; and ‘‘(d) FAILURE TO REPORT AND FALSE RE- may’’ and all that follows through ‘‘undergo vo- ‘‘(B) may not be for a period of more than 3 PORTS.— cational rehabilitation.’’ and inserting the fol- years. ‘‘(1) IN GENERAL.—An employee receiving com- lowing: ‘‘(e) LIST.—To facilitate the hiring of individ- pensation who fails to make an affidavit or ‘‘(a) IN GENERAL.— uals eligible for wage-loss compensation under other report required under subsection (b) or ‘‘(1) DIRECTION.—Except as provided in para- section 8105 or 8106, the Secretary shall provide who knowingly omits or understates any part of graph (2), not earlier than the date that is 6 a list of such individuals to the Office of Per- the earnings of the employee in such an affi- months after the date on which an individual sonnel Management, which the Office of Per- davit or other report shall forfeit the right to eligible for wage-loss compensation under sec- sonnel Management shall provide to all agencies compensation with respect to any period for tion 8105 or 8106 is injured, or by such other and instrumentalities of the Federal Govern- which the report was required. date as the Secretary of Labor determines it ment.’’. ‘‘(2) FORFEITED COMPENSATION.—Compensa- would be reasonable under the circumstances (b) EMPLOYEES’ COMPENSATION FUND.—Sec- tion forfeited under this subsection, if already for the individual to begin vocational rehabilita- tion 8147 is amended by adding at the end: paid to the employee receiving compensation, tion, and if vocational rehabilitation may en- ‘‘(d) Notwithstanding subsection (b), any ben- shall be recovered by a deduction from the com- able the individual to become capable of more efits or other payments paid to or on behalf of pensation payable to the employee or otherwise gainful employment, the Secretary of Labor an employee under this subchapter or any ex- recovered under section 8129, unless recovery is shall direct the individual to participate in de- tension or application thereof for a recurrence waived under that section.’’. veloping a comprehensive return to work plan of injury, consequential injury, aggravation of (b) TECHNICAL AND CONFORMING AMEND- and to undergo vocational rehabilitation at a lo- injury, or increase in percentage of impairment MENTS.—The table of sections for chapter 81 is cation a reasonable distance from the residence to a member for which compensation is provided amended by inserting after the item relating to of the individual.’’; under the schedule under section 8107 suffered section 8106 the following: (B) by striking ‘‘the Secretary of Health, Edu- in a permanent position with an agency or in- ‘‘8106a. Reporting requirements.’’. cation, and Welfare in carrying out the pur- strumentality of the United States while the em- SEC. 307. DISABILITY MANAGEMENT REVIEW; poses of chapter 4 of title 29’’ and inserting ‘‘the ployment with the agency or instrumentality is INDEPENDENT MEDICAL EXAMINA- Secretary of Education in carrying out the pur- covered under an assisted reemployment agree- TIONS. poses of the Rehabilitation Act of 1973 (29 ment entered into under section 8104(d) shall Section 8123 is amended by adding at the end U.S.C. 701 et seq.)’’; not be included in total cost of benefits and the following: (C) by striking ‘‘under section 32(b)(1) of title other payments in the statement provided to the ‘‘(e) DISABILITY MANAGEMENT REVIEW.— ‘‘(1) DEFINITIONS.—In this subsection— 29’’ and inserting ‘‘under section 5 of the Reha- agency or instrumentality under subsection (b) ‘‘(A) the term ‘covered employee’ means an bilitation Act of 1973 (29 U.S.C. 704)’’; and if the injury was originally incurred in a posi- employee who is in continuous receipt of com- (D) by adding at the end the following: tion not covered by an assisted reemployment pensation for total disability under section 8105 ‘‘(2) EXCEPTION.—The Secretary of Labor may agreement.’’. for a period of not less than 6 months; and not direct an individual who has attained re- (c) TERMINATION OF VOCATIONAL REHABILITA- ‘‘(B) the term ‘disability management review tirement age to participate in developing a com- TION REQUIREMENT AFTER RETIREMENT AGE.— process’ means the disability management re- prehensive return to work plan or to undergo Section 8113(b) is amended by adding at the end view process established under paragraph vocational rehabilitation.’’; the following: ‘‘An individual who has attained (2)(A). (2) by redesignating subsection (b) as sub- retirement age may not be required to undergo ‘‘(2) ESTABLISHMENT.—The Secretary of Labor vocational rehabilitation.’’. section (c); shall— (d) MANDATORY BENEFIT REDUCTION FOR (3) by inserting after subsection (a) the fol- ‘‘(A) establish a disability management review NONCOMPLIANCE.—Section 8113(b) is amended by lowing: process for the purpose of certifying and moni- striking ‘‘may reduce’’ and inserting ‘‘shall re- ‘‘(b) CONTENTS OF RETURN TO WORK PLAN.— toring the disability status and extent of injury duce’’. A return to work plan developed under sub- of each covered employee; and (e) TECHNICAL AND CONFORMING AMEND- section (a)— ‘‘(B) promulgate regulations for the adminis- MENTS.— ‘‘(1) shall— tration of the disability management review (1) IN GENERAL.—Subchapter III of chapter 15 ‘‘(A) set forth specific measures designed to process. of title 31, United States Code, is amended by increase the wage-earning capacity of an indi- ‘‘(3) PHYSICAL EXAMINATIONS REQUIRED.— vidual; adding at the end the following: Under the disability management review proc- ‘‘(B) take into account the prior training and ‘‘§ 1538. Authorization for assisted reemploy- ess, the Secretary of Labor shall periodically re- education of the individual and the training, ment quire covered employees to submit to physical educational, and employment opportunities rea- ‘‘Funds may be transferred from the Employ- examinations under subsection (a) by physicians sonably available to the individual; and ees’ Compensation Fund established under sec- selected by the Secretary. A physician con- ‘‘(C) provide that any employment undertaken tion 8147 of title 5 to the applicable appropria- ducting a physical examination of a covered em- by the individual under the return to work plan tions account for an agency or instrumentality ployee shall submit to the Secretary a report re- be at a location a reasonable distance from the of any branch of the Federal Government for garding the nature and extent of the injury to residence of the individual; the purposes of reimbursing the agency or in- and disability of the covered employee. ‘‘(2) may provide that the Secretary will pay strumentality in accordance with an assisted re- ‘‘(4) FREQUENCY.— out of amounts in the Employees’ Compensation employment agreement entered into under sec- ‘‘(A) IN GENERAL.—The regulations promul- Fund reasonable expenses of vocational reha- tion 8104 of title 5.’’. gated under paragraph (2)(B) shall specify the bilitation (which may include tuition, books, (2) TABLE OF SECTIONS.—The table of sections process and criteria for determining when and training fees, supplies, equipment, and child or for chapter 15 of title 31, United States Code, is how frequently a physical examination should dependent care) during the course of the plan; amended by inserting after the item relating to be conducted for a covered employee. and section 1537 the following: ‘‘(B) MINIMUM FREQUENCY.— ‘‘(3) may not be for a period of more than 2 ‘‘1538. Authorization for assisted reemploy- ‘‘(i) INITIAL.—An initial physical examination years, unless the Secretary finds good cause to ment.’’. shall be conducted not more than a brief period grant an extension, which may be for not more after the date on which a covered employee has SEC. 306. REPORTING REQUIREMENTS. than 2 years.’’; been in continuous receipt of compensation for (a) IN GENERAL.—Chapter 81 is amended by (4) in subsection (c), as so redesignated— total disability under section 8015 for 6 months. (A) by inserting ‘‘COMPENSATION.—’’ before inserting after section 8106 the following: ‘‘(ii) SUBSEQUENT EXAMINATIONS.—After the ‘‘Notwithstanding’’; and ‘‘§ 8106a. Reporting requirements initial physical examination, physical examina- (B) by striking ‘‘, other than employment un- ‘‘(a) DEFINITION.—In this section, the term tions of a covered employee shall be conducted dertaken pursuant to such rehabilitation’’; and ‘employee receiving compensation’ means an em- not less than once every 3 years. (5) by adding at the end the following: ployee who— ‘‘(5) EMPLOYING AGENCY OR INSTRUMENTALITY ‘‘(d) ASSISTED REEMPLOYMENT AGREEMENTS.— ‘‘(1) is paid compensation under section 8105 REQUESTS.— ‘‘(1) IN GENERAL.—The Secretary may enter or 8106; and ‘‘(A) IN GENERAL.—The agency or instrumen- into an assisted reemployment agreement with ‘‘(2) has not attained retirement age. tality employing an employee who has made a an agency or instrumentality of any branch of ‘‘(b) AUTHORITY.—The Secretary of Labor claim for compensation for total disability under the Federal Government or a State or local gov- shall require an employee receiving compensa- section 8105 may at any time submit a request ernment or a private employer that employs an tion to report the earnings of the employee re- for the Secretary of Labor to promptly require individual eligible for wage-loss compensation ceiving compensation from employment or self- the employee to submit to a physical examina- under section 8105 or 8106 to enable the indi- employment, by affidavit or otherwise, in the tion under this subsection. vidual to return to productive employment. manner and at the times the Secretary specifies. ‘‘(B) REQUESTING OFFICER.—A request under ‘‘(2) CONTENTS.—An assisted reemployment ‘‘(c) CONTENTS.—An employee receiving com- subparagraph (A) shall be made on behalf of an agreement under paragraph (1)— pensation shall include in a report required agency or instrumentality by—

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(B) by inserting ‘‘continuation of pay or’’ be- agency or instrumentality; or (c) TECHNICAL AND CONFORMING AMEND- fore ‘‘compensation from the United States’’; ‘‘(iii) if the agency or instrumentality does not MENTS.—The table of sections for chapter 81 is (C) by striking ‘‘by him or in his behalf’’ and have a Chief Human Capital Officer, an officer amended by striking the items relating to sec- inserting ‘‘by the beneficiary or on behalf of the with responsibilities similar to those of a Chief tions 8117 and 8118 and inserting the following: beneficiary’’; Human Capital Officer designated by the head ‘‘8117. Waiting period. (D) by inserting ‘‘continuation of pay and’’ of the agency or instrumentality to make re- ‘‘8118. Continuation of pay.’’. before ‘‘compensation paid by the United States’’; and quests under this paragraph. SEC. 309. ELECTION OF BENEFITS. ‘‘(C) INFORMATION.—A request under sub- (E) by striking ‘‘compensation payable to (a) IN GENERAL.—Section 8116 is amended by paragraph (A) shall be in writing and accom- him’’ and inserting ‘‘continuation of pay or adding at the end the following: panied by— compensation payable to the beneficiary’’; ‘‘(e) RETIREMENT BENEFITS.— ‘‘(i) a certification by the officer making the (2) in the second sentence, by striking ‘‘his ‘‘(1) IN GENERAL.—An individual entitled to request that the officer has reviewed the rel- designee’’ and inserting ‘‘the designee of the compensation benefits payable under this sub- evant material in the employee’s file; beneficiary’’; and chapter and under chapter 83 or 84 or any other ‘‘(ii) an explanation of why the officer has de- (3) in the fourth sentence, by striking ‘‘If com- retirement system for employees of the Govern- termined, based on the materials in the file and pensation’’ and all that follows through ‘‘pay- ment, for the same period, shall elect which ben- other information known to the officer, that re- able to him by the United States’’ and inserting efits the individual will receive. quiring a physical examination of the employee ‘‘If continuation of pay or compensation has ‘‘(2) ELECTION.— under this subsection is necessary; and not been paid to the beneficiary, the money or ‘‘(A) DEADLINE.—An individual shall make an ‘‘(iii) copies of the materials relating to the property shall be credited against continuation election under paragraph (1) in accordance with employee that are relevant to the officer’s deter- of pay or compensation payable to the bene- such deadlines as the Secretary of Labor shall mination and request, unless the agency or in- ficiary by the United States’’. establish, which shall be a reasonable period strumentality has a reasonable basis for not pro- SEC. 312. INTEGRITY AND COMPLIANCE. after the individual has received notice of a viding the materials. (a) IN GENERAL.—Subchapter I of chapter 81 final determination that the individual is enti- ‘‘(D) EXAMINATION.—If the Secretary of Labor is amended by adding at the end the following: tled to compensation benefits payable under this receives a request under this paragraph before subchapter. ‘‘§ 8153. Integrity and Compliance Program an employee has undergone an initial physical ‘‘(B) REVOCABILITY.—An election under para- ‘‘(a) DEFINITIONS.—In this section— examination under paragraph (4)(B)(i), the Sec- graph (1) shall be revocable, notwithstanding ‘‘(1) the term ‘FECA program’ means the Fed- retary shall promptly require the physical exam- any other provision of law, except for any pe- eral Employees Compensation Program adminis- ination of the employee. A physical examination riod during which an individual— tered under this subchapter; under this subparagraph shall satisfy the re- ‘‘(i) was qualified for benefits payable under ‘‘(2) the term ‘Integrity and Compliance Pro- quirement under paragraph (4)(B)(i) that an both this subchapter and under a retirement gram’ means the Integrity and Compliance Pro- initial physical examination be conducted. system described in paragraph (1); and gram established under subsection (b); ‘‘(E) AFTER INITIAL EXAMINATION.— ‘‘(ii) was paid benefits under the retirement ‘‘(3) the term ‘provider’ means a provider of ‘‘(i) IN GENERAL.—If the Secretary of Labor re- system after having been notified of eligibility medical or other services under the FECA pro- ceives a request under this paragraph after an for benefits under this subchapter. gram; and employee has undergone an initial physical ex- ‘‘(3) INFORMED CHOICE.—The Secretary of ‘‘(4) the term ‘Secretary’ means the Secretary amination under paragraph (4)(B)(i), the Sec- Labor shall provide information, and shall en- of Labor. retary shall— sure that information is provided, to an indi- ‘‘(b) INTEGRITY AND COMPLIANCE PROGRAM.— ‘‘(I) review the request and the information, vidual described in paragraph (1) about the ben- Not later than 270 days after the date of enact- explanation, and other materials submitted with efits available to the individual under this sub- ment of this section, the Secretary shall estab- the request; and lish an Integrity and Compliance Program for ‘‘(II) determine whether to require the phys- chapter or under chapter 83 or 84 or any other retirement system referred to in paragraph (1) the purpose of preventing, identifying, and re- ical examination of the employee who is the sub- covering improper payments (including improper ject of the request. the individual may elect to receive.’’. (b) TECHNICAL AND CONFORMING AMEND- payments obtained by fraud) for the FECA pro- ‘‘(ii) NOT GRANTED.—If the Secretary deter- gram, which shall include— mines not to grant a request described in clause MENTS.—Sections 8337(f)(3) and 8464a(a)(3) are each amended by striking ‘‘Paragraphs’’ and in- ‘‘(1) procedures for identifying potentially im- (i), the Secretary shall promptly notify the offi- proper payments (including improper payments cer who made the request and provide an expla- serting ‘‘Except as provided under chapter 81, paragraphs’’. obtained by fraud) before payment is made to nation of the reasons why the request was de- claimants and providers, including, where ap- nied.’’. SEC. 310. SANCTION FOR NONCOOPERATION propriate, predictive analytics; WITH FIELD NURSES. SEC. 308. WAITING PERIOD. ‘‘(2) reviews after payment is made to identify Section 8123, as amended by section 307, is (a) IN GENERAL.—Section 8117 is amended— potentially improper payments (including im- amended by adding at the end the following: (1) in the section heading, by striking ‘‘Time proper payments obtained by fraud) to claim- ‘‘(f) FIELD NURSES.— of accrual of right’’ and inserting ‘‘Waiting ants and providers; ‘‘(1) DEFINITION.—In this subsection, the term period’’; ‘‘(3) on-going screening and verification pro- (2) in subsection (a)— ‘field nurse’ means a registered nurse that as- cedures to ensure the continued eligibility of (A) in the matter preceding paragraph (1), by sists the Secretary in the medical management medical providers to provide services under the striking ‘‘An employee’’ and all that follows of disability claims under this subchapter and FECA program, including licensure, Federal dis- provides claimants with assistance in coordi- through ‘‘is not entitled’’ and inserting ‘‘IN barment, and the existence of relevant criminal nating medical care. GENERAL.—An employee is not entitled to con- convictions; tinuation of pay within the meaning of section ‘‘(2) AUTHORIZATION.—The Secretary may use ‘‘(4) provision of appropriate information, 8118 for the first 3 days of temporary disability field nurses to coordinate medical services and education, and training to claimants and pro- or, if section 8118 does not apply, is not enti- vocational rehabilitation programs for injured viders on requirements to ensure the integrity of tled’’; employees under this subchapter. If an employee the FECA program, including payments under (B) in paragraph (1), by adding ‘‘or’’ at the refuses to cooperate with a field nurse or ob- the FECA program; end; structs a field nurse in the performance of du- ‘‘(5) appropriate controls and audits to ensure (C) by striking paragraph (2); and ties under this subchapter, the right to com- that providers adopt internal controls and pro- (D) by redesignating paragraph (3) as para- pensation under this subchapter shall be sus- cedures for compliance with requirements under graph (2); and pended until the refusal or obstruction stops.’’. the FECA program; (3) in subsection (b)— SEC. 311. SUBROGATION OF CONTINUATION OF ‘‘(6) procedures to ensure— (A) by striking ‘‘A Postal Service’’ the first PAY. ‘‘(A) initial and continuing eligibility of place it appears and all that follows through ‘‘A (a) IN GENERAL.—Section 8131 is amended— claimants for compensation, benefits, or services Postal Service’’ the second place it appears and (1) in subsection (a), in the matter preceding under the FECA program; and inserting ‘‘USE OF LEAVE.—An’’; paragraph (1), by inserting ‘‘continuation of ‘‘(B) ongoing verification of databases of in- (B) by striking ‘‘that 3-day period’’ and in- pay or’’ before ‘‘compensation’’; formation relating to claimants to ensure accu- serting ‘‘the first 3 days of temporary dis- (2) in subsection (b), by inserting ‘‘continu- racy and completeness; and ability’’; and ation of pay or’’ before ‘‘compensation’’; and ‘‘(7) appropriately sharing and accessing data (C) by striking ‘‘or is followed by permanent (3) in subsection (c)— and information with other agencies and instru- disability’’. (A) by inserting ‘‘continuation of pay or’’ be- mentalities of the United States, including the (b) CONTINUATION OF PAY.—Section 8118 is fore ‘‘compensation already paid’’; and United States Postal Service. amended— (B) by inserting ‘‘continuation of pay or’’ be- ‘‘(c) INTERAGENCY COOPERATION ON ANTI- (1) in the section heading, by striking ‘‘; elec- fore ‘‘compensation payable’’. FRAUD EFFORTS.— tion to use annual or sick leave’’; (b) ADJUSTMENT AFTER RECOVERY FROM A ‘‘(1) IN GENERAL.—In administering the FECA (2) in subsection (b)(1), by striking ‘‘section THIRD PERSON.—Section 8132 is amended— program, including the Integrity and Compli- 8117(b)’’ and inserting ‘‘section 8117’’; (1) in the first sentence— ance Program, the Secretary shall cooperate

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with other agencies and instrumentalities of the ‘‘(d) IMPROVEMENTS TO ACCESS OF FEDERAL ‘‘(B) REPORT.—Not later than 1 year after the United States (including the United States Post- DATABASES.— date of enactment of this section, the Secretary al Service) and the Inspectors General of such ‘‘(1) IN GENERAL.—The Secretary, the Post- shall submit to the Committee on Homeland Se- agencies and instrumentalities to prevent, iden- master General, the Inspector General of the curity and Governmental Affairs of the Senate tify, and recover improper payments (including United States Postal Service, and the Inspector and the Committee on Oversight and Govern- improper payments obtained by fraud) under General of the Department of Labor shall have ment Reform and the Committee on Education the FECA program. access to and make use of the agency databases and the Workforce of the House of Representa- ‘‘(2) TASK FORCE.— described in this subsection in order to improve tives a report on the cost-effectiveness of the use ‘‘(A) IN GENERAL.—There is established a task compliance with the requirements under and the of the databases described in paragraphs (3), force, which shall be known as the FECA Integ- integrity of the FECA program. (4), and (5) for program compliance and integ- rity and Compliance Task Force (in this para- ‘‘(2) SOCIAL SECURITY EARNINGS INFORMA- rity. The report required under this subpara- graph referred to as the ‘Task Force’). TION.— graph may be included as part of the report re- ‘‘(B) MEMBERSHIP.—The members of the Task ‘‘(A) IN GENERAL.—Notwithstanding section quired under subsection (f). Force shall be— 552a or any other provision of Federal or State ‘‘(8) UNITED STATES POSTAL SERVICE FECA EN- ‘‘(i) the Secretary, who shall serve as the law, upon written request, the Commissioner of ROLLEE DATABASE.—Not later than 180 days Chairperson of the Task Force; Social Security shall make available to the Sec- after the date of enactment of this section, in ‘‘(ii) the Postmaster General, who shall serve retary, the Inspector General of the Department order to track, verify, and communicate with as the Vice Chairperson of the Task Force; of Labor, the Postmaster General, and the In- the Secretary and other relevant entities, the ‘‘(iii) the Attorney General; spector General of the United States Postal Postmaster General shall establish an electronic ‘‘(iv) the Director of the Office of Manage- Service the Social Security earnings information database of information relating to employees of ment and Budget; of a living or deceased employee required by the the United States Postal Service who have ap- ‘‘(v) the Inspector General of the Department Secretary to carry out this subchapter. plied for or are receiving compensation, benefits, of Labor; ‘‘(B) PROCEDURES.—The Secretary shall estab- or services under this subchapter. ‘‘(vi) the Inspector General of the United lish procedures for correlating the identity and ‘‘(e) GENERAL PROTOCOLS AND SECURITY.— States Postal Service; status of recipients of compensation, benefits, or ‘‘(1) ESTABLISHMENT.— ‘‘(vii) the Inspectors General of other appro- services under this subchapter with Social Secu- ‘‘(A) IN GENERAL.—In order to ensure strong priate agencies and instrumentalities of the rity earnings information described in subpara- information security and privacy standards, the United States that employ a significant number Secretary, the Postmaster General, the Inspector graph (A). of individuals receiving compensation, benefits, General of the Department of Labor, and the In- ‘‘(3) OFFICE OF PERSONNEL MANAGEMENT FED- or services under the FECA program, as deter- spector General of the United States Postal ERAL RETIREE DATABASE.—Notwithstanding sec- mined by the Chairperson and Vice Chairperson tion 552a or any other provision of Federal or Service shall establish protocols for the secure of the Task Force; and State law, upon written request, the Director of transfer and storage of any information pro- ‘‘(viii) other appropriate Federal officials, as the Office of Personnel Management shall make vided to an individual or entity under this sec- determined by the Chairperson and Vice Chair- available to the Secretary, the Inspector General tion. person of the Task Force. ‘‘(B) CONSIDERATIONS.—In establishing proto- of the Department of Labor, the Postmaster ‘‘(C) DUTIES.—The Task Force shall— cols under subparagraph (A), the Secretary, the General, and the Inspector General of the ‘‘(i) set forth, in writing, a description of the Postmaster General, the Inspector General of United States Postal Service the information in respective roles and responsibilities in pre- the Department of Labor, and the Inspector the databases of Federal employees and retirees venting, identifying, recovering, and pros- General of the United States Postal Service shall maintained by the Director. ecuting fraud under, and otherwise ensuring in- consider any recommendations submitted to the ‘‘(4) DEPARTMENT OF VETERANS AFFAIRS BENE- tegrity and compliance of, the FECA program Secretary by the Inspector General of the De- FICIARIES DATABASE.—Notwithstanding section of— partment of Health and Human Services with 552a or any other provision of Federal or State ‘‘(I) the Secretary (including subordinate offi- respect to the secure transfer and storage of in- law, upon written request, the Secretary of Vet- cials such as the Director of the Office of Work- formation, and to comply with privacy laws and erans Affairs shall make available to the Sec- ers’ Compensation Programs); best practices. retary, the Inspector General of the Department ‘‘(II) the Inspector General of the Department ‘‘(C) FRAUD CASE PROTECTION.—The Sec- of Labor; of Labor, the Postmaster General, and the In- retary, the Postmaster General, the Inspector ‘‘(III) the Inspectors General of agencies and spector General of the United States Postal General of the Department of Labor, and the In- instrumentalities of the United States that em- Service the information in the database of dis- spector General of the United States Postal ploy claimants under the FECA program; abled individuals maintained by the Secretary Service shall establish protocols and procedures ‘‘(IV) the Attorney General; and of Veterans Affairs. to enable information and materials relating to ‘‘(5) NATIONAL DIRECTORY OF NEW HIRES.— ‘‘(V) any other relevant officials; an active investigation of possible fraud relating Notwithstanding section 552a, section 453(j) of ‘‘(ii) develop procedures for sharing informa- to the FECA program to be appropriately kept the Social Security Act (42 U.S.C. 653(j)), or any tion of possible fraud under the FECA program separate from the files for employees relating to other provision of Federal or State law, upon or other intentional misstatements by claimants the provision of compensation, benefits, or serv- written request, the Secretary of Health and or providers under the FECA program, includ- ices under the FECA program. Human Services shall make available to the Sec- ing procedures addressing— ‘‘(2) COMPLIANCE.—The Secretary, the Post- ‘‘(I) notification of appropriate officials of the retary, the Inspector General of the Department master General, the Inspector General of the De- Department of Labor of potential fraud or in- of Labor, the Postmaster General, the Inspector partment of Labor, and the Inspector General of tentional misstatements, including provision of General of the United States Postal Service, and the United States Postal Service shall ensure supporting information; the Comptroller General of the United States the that any information provided to an individual ‘‘(II) timely and appropriate response by offi- information in the National Directory of New or entity under this section is provided in ac- cials of the Department of Labor to notifications Hires. The Comptroller General may obtain in- cordance with protocols established under para- described in subclause (I); formation from the National Directory of New graph (1). ‘‘(III) the inclusion of information and evi- Hires under this paragraph for any audit, eval- ‘‘(f) REPORT.—Not later than 1 year after the dence relating to fraud and other intentional uation, or investigation, including any audit, date of enactment of this section, and annually misstatements in criminal, civil, and administra- evaluation, or investigation relating to program thereafter for 5 years, the Secretary shall submit tive proceedings relating to the provision of com- integrity. a report on the activities of the Secretary under pensation, benefits, or medical services (includ- ‘‘(6) PROVISION.—Information requested under this section, including implementation of the In- ing payments to providers) under the FECA pro- this subsection shall be provided— tegrity and Compliance Program, to— gram; ‘‘(A) in a timely manner; ‘‘(1) the Committee on Homeland Security and ‘‘(IV) the coordination of criminal investiga- ‘‘(B) at a reasonable cost to the Secretary, the Governmental Affairs of the Senate; and tions with the administration of the FECA pro- Inspector General of the Department of Labor, ‘‘(2) the Committee on Oversight and Govern- gram; and the Postmaster General, the Inspector General ment Reform and the Committee on Education ‘‘(V) the protection of information relating to of the United States Postal Service, or the and the Workforce of the House of Representa- an investigation of possible fraud under the Comptroller General of the United States; and tives. FECA program from potential disclosure, in- ‘‘(C) in the manner, frequency, and form rea- ‘‘(g) GAO REVIEW.—The Comptroller General cluding requirements that enable investigative sonably specified by the officer making the re- of the United States shall— files to be appropriately separated from case quest, which, upon request, shall include elec- ‘‘(1) conduct periodic reviews of the Integrity management files; tronic form. and Compliance Program; and ‘‘(iii) not later than 1 year after the date of ‘‘(7) ASSESSMENT OF DATA COST-EFFECTIVE- ‘‘(2) submit reports on the results of the re- enactment of this section, submit to the Com- NESS.— views under paragraph (1) to the Committee on mittee on Homeland Security and Governmental ‘‘(A) IN GENERAL.—The Secretary shall con- Homeland Security and Governmental Affairs of Affairs of the Senate and the Committee on sider and assess procedures for correlating the the Senate and the Committee on Oversight and Oversight and Government Reform and the identity and status of recipients of compensa- Government Reform and the Committee on Edu- Committee on Education and the Workforce of tion, benefits, or services under this subchapter cation and the Workforce of the House of Rep- the House of Representatives a report that in- with information relating to employees, retirees, resentatives not later than— cludes the description and procedures required and individuals described in paragraphs (3), (4), ‘‘(A) 2 years after the date of enactment of under clauses (i) and (ii). and (5). this section; and

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\CR\FM\A17AP6.002 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2366 CONGRESSIONAL RECORD — SENATE April 17, 2012 ‘‘(B) 3 years after submission of the report (3) any cost savings that the Postal Service essing, transportation, and delivery of such mail under subparagraph (A).’’. anticipates will be achieved through negotia- by the Postal Service. (b) TECHNICAL AND CONFORMING AMEND- tions with employees of the Postal Service; and (4) UNUSED RATE ADJUSTMENT AUTHORITY.— MENT.—The table of sections for chapter 81 is (4) projected changes in mail volume. Section 3622(d)(2)(C) of title 39, United States amended by inserting after the item relating to (c) UPDATES.—The Postal Service shall update Code, shall be applied by annually increasing section 8152 the following: the plan required under subsection (a) not less by 2 percentage points any unused rate adjust- ‘‘8153. Integrity and Compliance Program.’’. frequently than quarterly, until the last quarter ment authority for a class of mail that bears less SEC. 313. AMOUNT OF COMPENSATION. of fiscal year 2015. than 90 percent of the costs attributable to the (a) INJURIES TO FACE, HEAD, AND NECK.—Sec- SEC. 402. POSTAL RATES. class of mail, according to the most recent an- tion 8107(c)(21) is amended— (a) COMMISSION STUDY.— nual determination of the Commission under (1) by striking ‘‘not to exceed $3,500’’ and in- (1) IN GENERAL.—Not earlier than 2 years after subsection (a)(1) or (b)(1), adjusted to account serting ‘‘in proportion to the severity of the dis- the date of enactment of this Act, the Commis- for the quantitative effect of excess mail proc- figurement, not to exceed $50,000,’’; and sion shall commence a study to determine— essing, transportation, or delivery capacity of (2) by adding at the end the following: ‘‘The (A) whether and to what extent any market- the Postal Service on the costs attributable to maximum amount of compensation under this dominant classes, products, or types of mail the class of mail. paragraph shall be increased on March 1 of services do not bear the direct and indirect costs SEC. 403. COOPERATION WITH STATE AND LOCAL each year by the amount determined by the Sec- attributable to those classes, products, or types GOVERNMENTS; INTRA-SERVICE retary of Labor to represent the percent change of mail service; and AGREEMENTS. in the price index published for December of the (B) the impact of any excess mail processing, (a) COOPERATION WITH STATE AND LOCAL preceding year over the price index published transportation, or delivery capacity of the Post- GOVERNMENTS.—Section 411 of title 39, United for the December of the year prior to the pre- al Service on the direct and indirect costs attrib- States Code, is amended, in the first sentence, ceding year, adjusted to the nearest one-tenth of utable to any class, product, or type of mail by striking ‘‘and the Government Printing Of- 1 percent.’’. service that bears less than 100 percent of the fice’’ inserting ‘‘, the Government Printing Of- (b) FUNERAL EXPENSES.—Section 8134(a) is costs attributable to the class, product, or type fice, and agencies and other units of State and amended— of mail service, as determined under subpara- local governments’’. (1) by striking ‘‘$800’’ and inserting ‘‘$6,000’’; graph (A). (b) INTRA-SERVICE AGREEMENTS.—Section 411 and (2) REQUIREMENTS.—The Commission shall of title 39, United States Code, as amended by (2) by adding at the end the following: ‘‘The conduct the study under paragraph (1) in a subsection (a), is amended— maximum amount of compensation under this manner that protects confidential and propri- (1) in the section heading, by adding at the subsection shall be increased on March 1 of each etary business information. end the following: ‘‘and within the Postal year by the amount determined by the Secretary (3) HEARING.—Before completing the study Service’’; of Labor to represent the percent change in the under paragraph (1), the Commission shall hold (2) in the second sentence, by striking ‘‘sec- price index published for December of the pre- a public hearing, on the record, in order to bet- tion’’ and inserting ‘‘subsection’’; ceding year over the price index published for ter inform the conclusions of the study. The (3) by striking ‘‘Executive agencies’’ and in- the December of the year prior to the preceding Postal Service, postal customers, and other in- serting the following: year, adjusted to the nearest one-tenth of 1 per- terested persons may participate in the hearing ‘‘(a) COOPERATION WITH STATE AND LOCAL cent.’’. under this paragraph. GOVERNMENTS.—Executive agencies’’; and (c) APPLICATION.—The amendments made by (4) COMPLETION.—Not later than 6 months (4) by adding at the end the following: this section shall apply to injuries or deaths, re- after the date on which the Commission com- ‘‘(b) COOPERATION WITHIN THE POSTAL SERV- spectively, occurring on or after the date of en- mences the study under subsection (a), the Com- ICE.—The Office of the Inspector General and actment of this Act. mission shall complete the study. other components of the Postal Service may SEC. 314. TECHNICAL AND CONFORMING AMEND- (b) ANNUAL UPDATES REQUIRED.—Not later enter into agreements to furnish to each other MENTS. than 1 year after the date of completion of the property, both real and personal, and personal Chapter 81 is amended— study under subsection (a), and annually there- and nonpersonal services. The furnishing of (1) in section 8101(1)(D), by inserting ‘‘for an after, the Commission shall— property and services under this subsection injury that occurred before the effective date of (1) determine whether any class of mail bears shall be under such terms and conditions, in- section 204(e) of the District of Columbia Self- less than 100 percent of the direct and indirect cluding reimbursability, as the Inspector Gen- Government and Governmental Reorganization costs attributable to the class, product, or type eral and the head of the component concerned Act (Public Law 93–198; 87 Stat. 783; 5 U.S.C. of mail service, in the same manner as under shall deem appropriate.’’. 8101 note)’’ before the semicolon; subsection (a)(1)(A); (c) TECHNICAL AND CONFORMING AMEND- (2) in section 8139, by inserting ‘‘under this (2) for any class of mail for which the Com- MENT.—The table of sections for chapter 4 of subchapter’’ after ‘‘Compensation awarded’’; mission makes a determination under paragraph title 39, United States Code, is amended by strik- (3) in section 8148(a), by striking ‘‘section (1), update the study under subsection (a); and ing the item relating to section 411 and inserting 8106’’ and inserting ‘‘section 8106a’’; (3) include the study updated under para- the following: SEC. 315. REGULATIONS. graph (2) in the annual written determination ‘‘411. Cooperation with other Government agen- (a) IN GENERAL.—As soon as possible after the of the Commission under section 3653 of title 39, cies and within the Postal Serv- date of enactment of this Act, the Secretary of United States Code. ice.’’. Labor shall promulgate regulations (which may (c) POSTAL RATES.— SEC. 404. SHIPPING OF WINE AND BEER. include interim final regulations) to carry out (1) DEFINITION.—In this subsection, the term (a) MAILABILITY.— this title. ‘‘loss-making’’, as used with respect to a class of (1) NONMAILABLE ARTICLES.—Section 1716(f) of (b) CONTENTS.—The regulations promulgated mail, means a class of mail that bears less than title 18, United States Code, is amended by strik- under subsection (a) shall include, for purposes 100 percent of the costs attributable to the class ing ‘‘mails’’ and inserting ‘‘mails, except to the of the amendments made by sections 302 and of mail, according to the most recent annual de- extent that the mailing is allowable under sec- 303, clarification of— termination of the Commission under subsection tion 3001(p) of title 39’’. (1) what is a claim; and (a)(1) or (b)(1), adjusted to account for the (2) APPLICATION OF LAWS.—Section 1161 of (2) what is the date on which a period of dis- quantitative effect of excess mail processing, title 18, United States Code, is amended, by in- ability, for which a claim is made, commences. transportation, or delivery capacity of the Post- serting ‘‘, and, with respect to the mailing of TITLE IV—OTHER MATTERS al Service on the costs attributable to the class wine or malt beverages (as those terms are de- SEC. 401. PROFITABILITY PLAN. of mail. fined in section 117 of the Federal Alcohol Ad- (a) PLAN REQUIRED.—Not later than 90 days (2) IN GENERAL.—Not later than 1 year after ministration Act (27 U.S.C. 211)), is in con- after the date of enactment of this Act, the Post- the date on which the study under subsection formity with section 3001(p) of title 39’’ after al Service shall submit to the Committee on (a) is completed, and annually thereafter, the ‘‘Register’’. Homeland Security and Governmental Affairs of Postal Service shall establish postal rates for (b) REGULATIONS.—Section 3001 of title 39, the Senate, the Committee on Oversight and each loss-making class of mail. United States Code, is amended by adding at the Government Reform of the House of Representa- (3) CONSIDERATIONS.—The Postal Service may end the following: tives, the Comptroller General of the United establish postal rates under paragraph (2) in a ‘‘(p)(1) In this subsection, the terms ‘wine’ States, and the Commission a plan describing, in manner that ensures, to the extent practicable, and ‘malt beverage’ have the same meanings as detail, the actions the Postal Service will take that a class of mail described in paragraph (2) in section 117 of the Federal Alcohol Adminis- to— is not loss-making by— tration Act (27 U.S.C. 211). (1) become profitable by fiscal year 2015; and (A) using the authority to increase rates ‘‘(2) Wine or malt beverages shall be consid- (2) achieve long-term financial solvency. under section 3622(d)(1)(A) of title 39, United ered mailable if mailed— (b) CONSIDERATIONS.—The plan required States Code; ‘‘(A) by a licensed winery or brewery, in ac- under subsection (a) shall take into consider- (B) exhausting any unused rate adjustment cordance with applicable regulations under ation— authority, as defined in section 3622(d)(2)(C) of paragraph (3); and (1) the legal authority of the Postal Service; title 39, United States Code, subject to para- ‘‘(B) in accordance with the laws of— (2) the changes in the legal authority and re- graph (4); and ‘‘(i) the State, territory, or district of the sponsibilities of the Postal Service under this (C) maximizing incentives to reduce costs and United States where the sender or duly author- Act; increase efficiency with regard to the proc- ized agent initiates the mailing; and

VerDate Mar 15 2010 01:41 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\CR\FM\A17AP6.002 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2367 ‘‘(ii) the State, territory, or district of the ‘‘2403. Annual report on the fiscal stability of with obtaining best value by promoting the ac- United States where the addressee or duly au- the United States mailing indus- quisition of commercial items and challenging thorized agent takes delivery. try.’’. barriers to competition; ‘‘(3) The Postal Service shall prescribe such SEC. 406. USE OF NEGOTIATED SERVICE AGREE- ‘‘(2) review the procurement activities of the regulations as may be necessary to carry out MENTS. covered postal entity; and this subsection, including regulations providing Section 3622 of title 39, United States Code, is ‘‘(3) prepare and transmit to the head of each that— amended— covered postal entity, the senior procurement ex- ‘‘(A) the mailing shall be by a means estab- (1) in subsection (c)(10)(A)— ecutive of each covered postal entity, the Board lished by the Postal Service to ensure direct de- (A) in the matter preceding clause (i), by of Governors, and Congress, an annual report livery to the addressee or a duly authorized striking ‘‘either’’ and inserting ‘‘will’’; describing— agent; (B) in clause (i), by striking ‘‘or’’ at the end; ‘‘(A) the activities of the advocate under this ‘‘(B) the addressee (and any duly authorized (C) in clause (ii), by striking ‘‘and’’ at the end section; agent) shall be an individual at least 21 years of and inserting ‘‘or’’; and ‘‘(B) initiatives required to promote competi- age; (D) by adding at the end the following: tion; ‘‘(C) barriers to competition that remain; and ‘‘(C) the individual who takes delivery, ‘‘(iii) preserve mail volume and revenue; and’’; ‘‘(D) the number of waivers made by each cov- whether the addressee or a duly authorized and ered postal entity under section 704(c). agent, shall present a valid, government-issued (2) by adding at the end the following: photo identification at the time of delivery; ‘‘(g) COORDINATION.—The Postal Service and ‘‘§ 703. Delegation of contracting authority ‘‘(D) the wine or malt beverages may not be the Postal Regulatory Commission shall coordi- ‘‘(a) IN GENERAL.— for resale or other commercial purpose; and nate actions to identify methods to increase the ‘‘(1) POLICY.—Not later than 60 days after the ‘‘(E) the winery or brewery involved shall— use of negotiated service agreements for market- date of enactment of the 21st Century Postal ‘‘(i) certify in writing to the satisfaction of the dominant products by the Postal Service con- Service Act of 2012, the head of each covered Postal Service, through a registration process sistent with subsection (c)(10).’’. postal entity shall issue a policy on contracting officer delegations of authority for the covered administered by the Postal Service, that the SEC. 407. CONTRACT DISPUTES. mailing is not in violation of any provision of postal entity. Section 7101(8) of title 41, United States Code, ‘‘(2) CONTENTS.—The policy issued under this subsection or regulation prescribed under is amended— this subsection; and paragraph (1) shall require that— (1) in subparagraph (C), by striking ‘‘and’’ at ‘‘(A) notwithstanding any delegation of au- ‘‘(ii) provide any other information or affir- the end; thority with respect to postal contracts, the ulti- mation that the Postal Service may require, in- (2) in subparagraph (D), by striking the pe- mate responsibility and accountability for the cluding with respect to the prepayment of State riod at the end and inserting ‘‘; and’’; and award and administration of postal contracts alcohol beverage taxes. (3) by adding at the end the following: resides with the senior procurement executive; ‘‘(4) For purposes of this subsection— ‘‘(E) the United States Postal Service and the and ‘‘(A) a winery shall be considered to be li- Postal Regulatory Commission.’’. ‘‘(B) a contracting officer shall maintain an censed if it holds an appropriate basic permit SEC. 408. CONTRACTING PROVISIONS. awareness of and engagement in the activities issued— (a) IN GENERAL.—Part I of title 39, United being performed on postal contracts of which ‘‘(i) under the Federal Alcohol Administration States Code, is amended by adding at the end that officer has cognizance, notwithstanding Act; and the following: any delegation of authority that may have been ‘‘(ii) under the law of the State in which the ‘‘CHAPTER 7—CONTRACTING PROVISIONS executed. winery is located; and ‘‘(b) POSTING OF DELEGATIONS.— ‘‘Sec. ‘‘(B) a brewery shall be considered to be li- ‘‘(1) IN GENERAL.—The head of each covered ‘‘701. Definitions. censed if— postal entity shall make any delegation of au- ‘‘702. Advocate for competition. ‘‘(i) it possesses a notice of registration and thority for postal contracts outside the func- ‘‘703. Delegation of contracting authority. bond approved by the Alcohol and Tobacco Tax tional contracting unit readily available and ac- ‘‘704. Posting of noncompetitive purchase re- and Trade Bureau of the Department of the cessible on the website of the covered postal en- quests for noncompetitive con- Treasury; and tity. tracts. ‘‘(ii) it is licensed to manufacture and sell ‘‘(2) EFFECTIVE DATE.—This paragraph shall ‘‘705. Review of ethical issues. malt beverages in the State in which the brew- apply to any delegation of authority made on or ‘‘706. Ethical restrictions on participation in ery is located.’’. after 30 days after the date of enactment of the certain contracting activity. (c) EFFECTIVE DATE.—The amendments made 21st Century Postal Service Act of 2012. ‘‘707. Congressional oversight authority. by this section shall take effect on the earlier ‘‘§ 704. Posting of noncompetitive purchase re- of— ‘‘§ 701. Definitions quests for noncompetitive contracts (1) the date on which the Postal Service issues ‘‘In this chapter— ‘‘(a) POSTING REQUIRED.— regulations under section 3001(p) of title 39, ‘‘(1) the term ‘contracting officer’ means an ‘‘(1) POSTAL REGULATORY COMMISSION.—The United States Code, as amended by this section; employee of a covered postal entity who has au- Postal Regulatory Commission shall make the and thority to enter into a postal contract; noncompetitive purchase request for any non- (2) 120 days after the date of enactment of this ‘‘(2) the term ‘covered postal entity’ means— competitive award, including the rationale sup- Act. ‘‘(A) the Postal Service; or porting the noncompetitive award, publicly SEC. 405. ANNUAL REPORT ON UNITED STATES ‘‘(B) the Postal Regulatory Commission; available on the website of the Postal Regu- MAILING INDUSTRY. ‘‘(3) the term ‘head of a covered postal entity’ latory Commission— (a) IN GENERAL.—Chapter 24 of title 39, means— ‘‘(A) not later than 14 days after the date of United States Code, is amended by adding at the ‘‘(A) in the case of the Postal Service, the the award of the noncompetitive contract; or end the following: Postmaster General; or ‘‘(B) not later than 30 days after the date of ‘‘§ 2403. Annual report on the fiscal stability ‘‘(B) in the case of the Postal Regulatory the award of the noncompetitive contract, if the of the United States mailing industry Commission, the Chairman of the Postal Regu- basis for the award was a compelling business latory Commission; ‘‘(a) IN GENERAL.—Not later than 1 year after interest. ‘‘(4) the term ‘postal contract’ means any con- ‘‘(2) POSTAL SERVICE.—The Postal Service the date of enactment of this section, and annu- tract (including any agreement or memorandum shall make the noncompetitive purchase request ally thereafter, the Postal Regulatory Commis- of understanding) entered into by a covered for any noncompetitive award of a postal con- sion shall submit a report on the fiscal stability postal entity for the procurement of goods or tract valued at $250,000 or more, including the of the United States mailing industry with re- services; and rationale supporting the noncompetitive award, spect to the preceding fiscal year to— ‘‘(5) the term ‘senior procurement executive’ publicly available on the website of the Postal ‘‘(1) the Committee on Homeland Security and means the senior procurement executive of a Service— Governmental Affairs of the Senate; and covered postal entity. ‘‘(A) not later than 14 days after the date of ‘‘(2) the Committee on Oversight and Govern- ‘‘§ 702. Advocate for competition the award; or ment Reform of the House of Representatives. ‘‘(B) not later than 30 days after the date of ‘‘(b) ASSISTANCE.—The United States Postal ‘‘(a) ESTABLISHMENT AND DESIGNATION.— the award, if the basis for the award was a com- Service and any Federal agency involved in ‘‘(1) ESTABLISHMENT.—There is established in pelling business interest. oversight or data collection regarding industry each covered postal entity an advocate for com- ‘‘(3) ADJUSTMENTS TO THE POSTING THRESHOLD sectors relevant to the report under subsection petition. FOR THE POSTAL SERVICE.— (a) shall provide any assistance to the Postal ‘‘(2) DESIGNATION.—The head of each covered ‘‘(A) REVIEW AND DETERMINATION.—Not later Regulatory Commission that the Postal Regu- postal entity shall designate for the covered than January 31 of each year, the Postal Service latory Commission determines is necessary in postal entity 1 or more officers or employees shall— the preparation of a report under subsection (other than the senior procurement executive) to ‘‘(i) review the $250,000 threshold established (a).’’. serve as the advocate for competition. under paragraph (2); and (b) TECHNICAL AND CONFORMING AMEND- ‘‘(b) RESPONSIBILITIES.—The advocate for ‘‘(ii) based on any change in the Consumer MENT.—The table of sections for chapter 24 of competition of each covered postal entity shall— Price Index for all-urban consumers of the De- title 39, United States Code, is amended by add- ‘‘(1) be responsible for promoting competition partment of Labor, determine whether an ad- ing at the end the following: to the maximum extent practicable consistent justment to the threshold shall be made.

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‘‘(B) AMOUNT OF ADJUSTMENTS.—An adjust- cluding a plea of nolo contendere, for which a ‘‘(i) void that contract; and ment under subparagraph (A) shall be made in sentence has been imposed. ‘‘(ii) recover the amounts expended and prop- increments of $5,000. If the Postal Service deter- ‘‘(b) IN GENERAL.— erty transferred by the covered postal entity mines that a change in the Consumer Price ‘‘(1) REGULATIONS.—The head of each covered under that contract. Index for a year would require an adjustment in postal entity shall prescribe regulations that— ‘‘(B) CONVICTION OR ADMINISTRATIVE DETER- an amount that is less than $5,000, the Postal ‘‘(A) require a covered employee to include in MINATION.—A case described under subpara- Service may not make an adjustment to the the file of any noncompetitive purchase request graph (A) is any case in which— threshold for the year. for a noncompetitive postal contract a written ‘‘(i) there is a final conviction for an offense ‘‘(4) EFFECTIVE DATE.—This subsection shall certification that— punishable under section 27(e) of the Office of apply to any noncompetitive contract awarded ‘‘(i) discloses any covered relationship of the Federal Procurement Policy Act (41 U.S.C. on or after the date that is 90 days after the covered employee; and 423(e)); or date of enactment of the 21st Century Postal ‘‘(ii) the covered employee will not take any ‘‘(ii) the head of a covered postal entity deter- Service Act of 2012. action with respect to the noncompetitive pur- mines, based upon a preponderance of the evi- ‘‘(b) PUBLIC AVAILABILITY.— chase request that affects the financial interests dence, that the contractor or someone acting for ‘‘(1) IN GENERAL.—Subject to paragraph (2), of a friend, relative, or person with whom the the contractor has engaged in conduct consti- the information required to be made publicly covered employee is affiliated in a nongovern- tuting an offense punishable under section 27(e) available by a covered postal entity under sub- mental capacity, or otherwise gives rise to an of that Act. section (a) shall be readily accessible on the appearance of the use of public office for private ‘‘§ 707. Congressional oversight authority website of the covered postal entity. gain, as described in section 2635.702 of title 5, ‘‘The Postal Service may not enter into any ‘‘(2) PROTECTION OF PROPRIETARY INFORMA- Code of Federal Regulations, or any successor contract that restricts the ability of Congress to TION.—A covered postal entity shall— thereto; exercise oversight authority.’’. ‘‘(B) require a contracting officer to consult ‘‘(A) carefully screen any description of the (b) TECHNICAL AND CONFORMING AMEND- with the ethics counsel for the covered postal rationale supporting a noncompetitive award re- MENT.—The table of chapters for part I of title quired to be made publicly available under sub- entity regarding any disclosure made by a cov- 39, United States Code, is amended by adding at section (a) to determine whether the description ered employee under subparagraph (A)(i), to de- the end the following: termine whether participation by the covered includes proprietary data (including any ref- ‘‘7. Contracting Provisions ...... 701’’. erence or citation to the proprietary data) or se- employee in the noncompetitive purchase re- curity-related information; and quest would give rise to a violation of part 2635 The PRESIDING OFFICER. The ma- ‘‘(B) remove any proprietary data or security- of title 5, Code of Federal Regulations (com- jority leader. related information before making publicly monly referred to as the ‘Standards of Ethical Mr. REID. Mr. President, relevance is available a description of the rational sup- Conduct for Employees of the Executive a fair standard. A lot of amendments porting a noncompetitive award. Branch’); can be offered. Very few couldn’t be of- ‘‘(c) WAIVERS.— ‘‘(C) require the ethics counsel for a covered fered unless it were something dealing ‘‘(1) WAIVER PERMITTED.—If a covered postal postal entity to review any disclosure made by a with foreign policy on the Postal Serv- contracting officer under subparagraph (A)(i) to entity determines that making a noncompetitive ice bill. A lot of people want to offer purchase request publicly available would risk determine whether participation by the con- placing the Postal Service at a competitive dis- tracting officer in the noncompetitive purchase amendments dealing with situations advantage relative to a private sector compet- request would give rise to a violation of part all over the world. That is why we itor, the senior procurement executive, in con- 2635 of title 5, Code of Federal Regulations struggled, for example, to get the Iran sultation with the advocate for competition of (commonly referred to as the ‘Standards of Eth- sanctions bill moving. A standard of the covered postal entity, may waive the re- ical Conduct for Employees of the Executive relevance merely asks that we stay on quirements under subsection (a). Branch’), or any successor thereto; the subject—a subject this morning to ‘‘(2) FORM AND CONTENT OF WAIVER.— ‘‘(D) under subsections (d) and (e) of section which 74 Senators agreed to proceed to. ‘‘(A) FORM.—A waiver under paragraph (1) 2635.50 of title 5, Code of Federal Regulations, I regret my friend has objected to shall be in the form of a written determination or any successor thereto, require the ethics placed in the file of the contract to which the counsel for a covered postal entity to— this request. But I hope my friend from noncompetitive purchase agreement relates. ‘‘(i) authorize a covered employee that makes Kentucky will go home and explain to ‘‘(B) CONTENT.—A waiver under paragraph a disclosure under subparagraph (A)(i) to par- the people who are dependent on those (1) shall include— ticipate in the noncompetitive postal contract; small post offices around the State of ‘‘(i) a description of the risk associated with or Kentucky and those processing centers making the noncompetitive purchase request ‘‘(ii) disqualify a covered employee that makes that this bill has not been resolved be- publicly available; and a disclosure under subparagraph (A)(i) from cause of him. ‘‘(ii) a statement that redaction of sensitive participating in the noncompetitive postal con- If we do nothing, there will be the information in the noncompetitive purchase re- tract; quest would not be sufficient to protect the Post- ‘‘(E) require a contractor to timely disclose to wide-range closing of post offices. We al Service from being placed at a competitive the contracting officer in a bid, solicitation, have more than 30,000 post offices in disadvantage relative to a private sector compet- award, or performance of a postal contract any America. Many of them will be closed. itor. conflict of interest with a covered employee; and We have hundreds and hundreds of ‘‘(3) DELEGATION OF WAIVER AUTHORITY.—A ‘‘(F) include authority for the head of the processing centers. They will be closed. covered postal entity may not delegate the au- covered postal entity to a grant a waiver or oth- The Postal Service, as we have known erwise mitigate any organizational or personal thority to approve a waiver under paragraph (1) it, is a fleeting moment in the eyes of to any employee having less authority than the conflict of interest, if the head of the covered senior procurement executive. postal entity determines that the waiver or miti- Americans when they cannot get their medicine they want, they cannot get ‘‘§ 705. Review of ethical issues gation is in the best interests of the Postal Serv- ice. the mail they want. The volume is ‘‘If a contracting officer identifies any ethical ‘‘(2) POSTING OF WAIVERS.—Not later than 30 issues relating to a proposed contract and sub- down a lot. But that is what this bill is days after the head of a covered postal entity mits those issues and that proposed contract to about: to address some of the problems grants a waiver described in paragraph (1)(F), the designated ethics official for the covered we have with what we need to have the head of the covered postal entity shall make postal entity before the awarding of that con- the waiver publicly available on the website of happen as a new Postal Service. tract, that ethics official shall— the covered postal entity. The chairman of the committee, Sen- ‘‘(1) review the proposed contract; and ‘‘(c) CONTRACT VOIDANCE AND RECOVERY.— ator LIEBERMAN, has worked extremely ‘‘(2) advise the contracting officer on the ap- ‘‘(1) UNLAWFUL CONDUCT.—In any case in hard. Senator COLLINS has spent lots propriate resolution of ethical issues. which there is a final conviction for a violation and lots of time on this issue. Of ‘‘§ 706. Ethical restrictions on participation in of any provision of chapter 11 of title 18 relating course, TOM CARPER, who has a tremen- certain contracting activity to a postal contract, the head of a covered post- dous interest in this, has been working ‘‘(a) DEFINITIONS.—In this section— al entity may— ‘‘(1) the term ‘covered employee’ means— ‘‘(A) void that contract; and on this issue for a long time. ‘‘(A) a contracting officer; or ‘‘(B) recover the amounts expended and prop- It is a shame we have had this objec- ‘‘(B) any employee of a covered postal entity erty transferred by the covered postal entity tion. It leaves me with absolutely no whose decisionmaking affects a postal contract under that contract. alternative but to fill the amendment as determined by regulations prescribed by the ‘‘(2) OBTAINING OR DISCLOSING PROCUREMENT tree and make sure we stick on the head of a covered postal entity; INFORMATION.— subject of postal reform. I remain hope- ‘‘(2) the term ‘covered relationship’ means a ‘‘(A) IN GENERAL.—In any case where a con- ful we will be able to work together to covered relationship described in section tractor under a postal contract fails to timely 2635.502(b)(1) of title 5, Code of Federal Regula- disclose a conflict of interest to the appropriate get an agreement for consideration of tions, or any successor thereto; and contracting officer as required under the regula- amendments related to this most im- ‘‘(3) the term ‘final conviction’ means a con- tions promulgated under subsection (b)(1)(D), portant task: saving the Postal Serv- viction, whether entered on a verdict or plea, in- the head of a covered postal entity may— ice.

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COMMITTEE-REPORTED SUBSTITUTE AMENDMENT CLOTURE MOTION MOTION TO RECOMMIT WITH AMENDMENT NO. 2017 WITHDRAWN We, the undersigned Senators, in accord- Mr. President, I have a motion to re- Mr. President, I have been authorized ance with the provisions of rule XXII of the commit the bill with instructions, by the chairman of the Senate Home- Standing Rules of the Senate, hereby move which is at the desk. land Security and Governmental Af- to bring to a close debate on the Lieberman- The PRESIDING OFFICER. The fairs Committee to withdraw the com- Collins substitute amendment No. 2000 to S. clerk will report. mittee-reported substitute amend- 1789, the 21st Century Postal Service Act. The legislative clerk read as follows: Harry Reid, Joseph I. Lieberman, ment. Sherrod Brown, Debbie Stabenow, The Senator from Nevada [Mr. REID] moves The PRESIDING OFFICER (Mr. Thomas R. Carper, Bernard Sanders, to recommit the bill, S. 1789, to the Com- FRANKEN). The amendment is with- Jeanne Shaheen, Bill Nelson, Chris- mittee on Homeland Security and Govern- drawn. topher A. Coons, Sheldon Whitehouse, mental Affairs with instructions to report back forthwith with an amendment num- AMENDMENT NO. 2000 Kirsten E. Gillibrand, Charles E. Schu- mer, Jack Reed, John F. Kerry, Daniel bered 2017. (Purpose: In the nature of a substitute) K. Inouye, Richard Blumenthal. The amendment is as follows: Mr. REID. Mr. President, on behalf of AMENDMENT NO. 2015 At the end, add the following new section: Senators LIEBERMAN, COLLINS, and oth- Mr. REID. Mr. President, I have an SEC. ll ers, I call up amendment No. 2000, amendment at the desk to the lan- This Act shall become effective 3 days which is at the desk. after enactment. guage proposed to be stricken. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask for clerk will report. clerk will report. the yeas and nays on that motion. The legislative clerk read as follows: The legislative clerk read as follows: The PRESIDING OFFICER. Is there a The Senator from Nevada [Mr. REID], for sufficient second? The Senator from Nevada [Mr. REID] pro- Mr. LIEBERMAN, for himself, Ms. COLLINS, Mr. poses an amendment numbered 2015 to the There appears to be a sufficient sec- CARPER, and Mr. BROWN of Massachusetts, language proposed to be stricken (by amend- ond. proposes an amendment numbered 2000. ment No. 2000). The yeas and nays were ordered. (The amendment is printed in the The amendment is as follows: AMENDMENT NO. 2018 RECORD of Monday, April 16, 2012, under At the end, add the following new section: Mr. REID. Mr. President, I have an ‘‘Text of Amendments.’’) amendment to the instructions at the Mr. REID. Mr. President, I ask for SEC. ll This Act shall become effective 5 days desk. the yeas and nays on the amendment. after enactment. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a clerk will report. Mr. REID. Mr. President, I ask for sufficient second? The legislative clerk read as follows: There appears to be a sufficient sec- the yeas and nays on that amendment. The PRESIDING OFFICER. Is there a The Senator from Nevada [Mr. REID] pro- ond. poses an amendment numbered 2018 to the sufficient second? The yeas and nays were ordered. instructions (amendment No. 2017) of the mo- There appears to be a sufficient sec- tion to recommit S. 1789. AMENDMENT NO. 2013 TO AMENDMENT NO. 2000 ond. The amendment is as follows: Mr. REID. Mr. President, I have a The yeas and nays were ordered. first-degree perfecting amendment at In the amendment, strike ‘‘3 days’’ and in- AMENDMENT NO. 2016 TO AMENDMENT NO. 2015 the desk. sert ‘‘2 days’’. Mr. REID. Mr. President, I have a The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask for second-degree amendment at the desk. clerk will report. the yeas and nays on that amendment. The PRESIDING OFFICER. The The legislative clerk read as follows: The PRESIDING OFFICER. Is there a clerk will report. sufficient second? The Senator from Nevada [Mr. REID] pro- The legislative clerk read as follows: poses an amendment numbered 2013 to There appears to be a sufficient sec- amendment No. 2000. The Senator from Nevada [Mr. REID] pro- ond. poses an amendment numbered 2016 to The yeas and nays were ordered. The amendment is as follows: amendment No. 2015. AMENDMENT NO. 2019 TO AMENDMENT NO. 2018 At the end, add the following new section: The amendment is as follows: Mr. REID. Mr. President, I have a SEC. ll In the amendment, strike ‘‘5 days’’ and in- second-degree amendment at the desk. This Act shall become effective 7 days sert ‘‘4 days’’. The PRESIDING OFFICER. The after enactment. CLOTURE MOTION clerk will report. Mr. REID. Mr. President, I ask for Mr. REID. Mr. President, I have a The legislative clerk read as follows: the yeas and nays on that amendment. cloture motion at the desk. The Senator from Nevada [Mr. REID] pro- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The clo- poses an amendment numbered 2019 to sufficient second? ture motion having been presented amendment No. 2018. There appears to be a sufficient sec- under rule XXII, the Chair directs the The amendment is as follows: ond. clerk to read the motion. In the amendment, strike ‘‘2 days’’ and in- The yeas and nays were ordered. The assistant legislative clerk read sert ‘‘1 day’’. AMENDMENT NO. 2014 TO AMENDMENT NO. 2013 as follows: Mr. REID. Mr. President, I have an- Mr. REID. Mr. President, I have a CLOTURE MOTION other matter of business, but I wish to second-degree amendment at the desk. We, the undersigned Senators, in accord- say to all Senators here, not just the The PRESIDING OFFICER. The ance with the provisions of rule XXII of the Senator from Kentucky who objected clerk will report. Standing Rules of the Senate, hereby move to a reasonable manner to proceed on The legislative clerk read as follows: to bring to a close debate on S. 1789, the 21st this measure—all States are going to The Senator from Nevada [Mr. REID] pro- Century Postal Service Act. be dramatically impacted by virtue of poses an amendment numbered 2014 to Harry Reid, Joseph I. Lieberman, his objection. Post offices in Nevada Sherrod Brown, Debbie Stabenow, amendment No. 2013. will be closed and in Minnesota, Massa- The amendment is as follows: Thomas R. Carper, Bernard Sanders, Jeanne Shaheen, Bill Nelson, Chris- chusetts, Tennessee, unnecessarily. In the amendment, strike ‘‘7 days’’ and in- topher A. Coons, Sheldon Whitehouse, We need to be able to work through sert ‘‘6 days’’. Kirsten E. Gillibrand, Charles E. Schu- this. I do not know how anyone could CLOTURE MOTION mer, Jack Reed, John F. Kerry, Daniel object to a standard as we have had, as Mr. REID. Mr. President, I have a K. Inouye, Richard Blumenthal. I have proposed: relevant amendments. cloture motion at the desk. Mr. REID. I ask for the yeas and nays It is too bad. Eight million people de- The PRESIDING OFFICER. The clo- on the motion. pend on the Postal Service. That is 8 ture motion having been presented The PRESIDING OFFICER. The yeas million people who work as a result of under rule XXII, the Chair directs the and nays are not necessary. the Postal Service. Mr. President, clerk to read the motion. Mr. REID. Mr. President, I got ahead 500,000 people work for the Postal Serv- The assistant legislative clerk read of myself. Reading was one of my bet- ice directly. So we have an obligation as follows: ter subjects, but I skipped a line. to do something about this legislation.

VerDate Mar 15 2010 04:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.033 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2370 CONGRESSIONAL RECORD — SENATE April 17, 2012 Even though my friend, who is one of Objecting to a UC, the majority leader something I think many of us from the leaders of the tea party movement is forced to fill the tree, and we are off rural America want to see happen. We around the country, has thrown a mon- and running. understand how important rural post key wrench into what we are doing on So for 2 days around here—for 2 days offices are to the heart and soul of a postal bill—moving to some foreign around here now—we are going to go small communities. relations matter—it is too bad. It through the same thing we go through The Lieberman-Collins bill took us a cheapens what we are trying to do, and almost every single week. We will have good way forward. This amendment it is unfortunate for millions of people amendments which will be sought to be goes further. in America. offered. We have to set aside amend- I should say that while I think the f ments. We get to a cloture vote. We managers’ amendment is a step for- VIOLENCE AGAINST WOMEN REAU- end up with a far more restrictive ward in almost every instance, I be- THORIZATION ACT OF 2011—MO- standard than if we were allowed to lieve that through the amendment TION TO PROCEED proceed with relevant amendments. We process we can strengthen the bill even end up with a germaneness standard, a Mr. REID. Mr. President, I move to further. I intend to be working with lot narrower than the relevance stand- many of my colleagues to do just that. proceed to Calendar No. 312, S. 1925, a ard which was proposed by the major- bill to reauthorize the Violence So we talked a little bit about ity leader. strengthening the ability of rural post Against Women Act. This was a self-defeating action, I be- offices to continue to exist. The PRESIDING OFFICER. The mo- lieve, in objecting to a unanimous con- tion is pending. sent proposal which would allow us to Second issue: The managers’ amend- Mr. LEVIN. Mr. President, will the proceed with relevant amendments. It ment protects regional overnight deliv- Senator from Vermont yield for 2 min- does not accomplish the aim of the ery standards. The managers’ amend- utes? Senator from Kentucky because we are ment requires that the Postal Service Mr. SANDERS. Yes. not going to get to that subject, and all retain a modified overnight delivery The PRESIDING OFFICER. The Sen- standard for 3 years, ensuring that ator from Michigan. it does is restrict the rest of us who are trying to offer relevant amendments in communities across the country con- Mr. LEVIN. Mr. President, what we tinue to receive overnight delivery of have just witnessed is an example of the next few days. It is a real example of what the problem is around this Sen- first-class mail—a very significant step why the Senate is too often tied into forward for small businesses and for knots. We have a bill that is critical to ate. Mr. PAUL. Will the Senator yield for people throughout our country. every one of our States that is pending, a question? Since I am being character- A maximum delivery standard of 3 the postal reform bill. The leader tried ized, I would think I would be allowed days would also be maintained for to move this bill forward by saying: a response. first-class mail sent anywhere in the Let’s stick to amendments relevant to Mr. REID. Mr. President, regular continental United States. Originally, the bill, which is a pretty broad stand- order. Under the order that was en- the Postmaster General had suggested ard, a lot broader than a germaneness tered, the Senator from Vermont is to maybe we could lengthen the time standard. Then there is an objection to be recognized. from 3 days to 5 days. We keep it at 3 that because there is another matter The PRESIDING OFFICER. The Sen- days. which the Senator from Kentucky ator from Vermont. The retention of—and this is impor- rightfully has an interest in. We all Mr. SANDERS. Thank you, Mr. tant for every Member of the Senate have an interest in various matters President. concerned about the employment situ- around here, many of which are $2 bil- The Senator from Tennessee has re- ation—the retention of a modified lion or more in terms of cost. But that quested 2 or 3 minutes to make a point, overnight delivery standard would re- amendment by the Senator from Ken- and I am happy to yield some of my sult in at least 100 mail processing fa- tucky is not relevant to this bill, and time, after which I would get the floor cilities remaining open that are now unless, he says, he gets his way and has back. scheduled to be closed. The PRESIDING OFFICER. Is there a 15-minute debate on a $2 billion sub- No. 3, the managers’ amendment objection? ject, he is going to object to us address- makes it harder to eliminate 6-day de- ing a subject which involves every one Mr. BROWN of Massachusetts. Mr. President, I object in order to ask a livery. The substitute amendment of our States. would prohibit the Postal Service from This is why we have so many difficul- question as well. implementing any plan to eliminate ties, at times at least, moving forward The PRESIDING OFFICER. Is there Saturday delivery for at least 2 years. in the Senate. Because any one of us at objection to the request of the Senator After 2 years, Saturday delivery could any time can object to moving legisla- from Vermont? only be eliminated if the Postal Serv- tion that is relevant and amendments Mr. BROWN of Massachusetts. Yes. ice has first attempted to increase rev- that are relevant in order to get his or The PRESIDING OFFICER. That the enue and cut costs through other her way on a totally unrelated amend- Senator from Tennessee be recognized means and the GAO and the Postal ment. and then that the Senator—— Mr. BROWN of Massachusetts. I wish Mr. PAUL. Mr. President, since I Regulatory Commission conclude that to ask a question, Mr. President. eliminating Saturday delivery is nec- have been referred to, may I interject Mr. REID. Regular order, Mr. Presi- with a question? essary for the long-term solvency of dent. the Postal Service. Mr. LEVIN. I asked to be yielded 2 Mr. SANDERS. I apologize to the minutes. That would be up to the Sen- Fourth, and very important—some- Senator from Tennessee. thing I and many other Members feel ator from Vermont. The PRESIDING OFFICER. Is there strongly about—the Postal Service Mr. PAUL. Could I interject with objection to the request of the Senator needs a new business model. Let me— a—— from Vermont? Mr. LEVIN. I just wish to simply say Mr. BROWN of Massachusetts. Yes. and I know the Presiding Officer, the that then what happens is that then The PRESIDING OFFICER. Objec- Senator from Minnesota, has been very the majority leader is forced to fill the tion is heard. interested in all these postal issues. tree. That creates problems on the The Senator from Vermont has the Right now, if one walks into a post of- other side because the tree is filled. floor. fice and they say to a postal clerk: Hi. But that is in response to an unwilling- Mr. SANDERS. I do apologize to my I would like to give you $2 to notarize ness on the part of the Senator to let friend from Tennessee. this letter, the postal clerk would say: us proceed on a bill which is important POSTAL SERVICE REFORM It is against the law for me to do that. to every one of us with relevant I want to just continue and talk I can’t take your $2. amendments. So we have a response about what the managers’ amendment Mr. SANDERS. Postal Clerk, can you from that Senator to the determina- does. I went over a number of criteria make 10 copies of this letter? tion of the majority leader to move for- by which it strengthens our ability to Nope; it is against the law for me to ward with a bill that affects all of us. protect rural post offices, and that is do that.

VerDate Mar 15 2010 03:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.040 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2371 Rural Postal Clerk, I would like a down over 3,000 rural post offices. We That means the majority leader does fishing license or a hunting license. do not need to shut down half of the not pick the amendments; we all get to Can you help me with that? processing plants in America and slow offer them if they are relevant. The I cannot do that. It is against the down mail delivery service leading to majority leader has a difficult job. So I law. an eventual death cycle for the Postal hope as he reflects on this matter he I want to mail this box of wine and Service. will consider that it is much easier to beer. So the task before us is a huge one. get an agreement for relevant amend- I cannot do that. It is against the To tell you the truth—and I speak as ments in our caucus—I do not know law. an Independent, the longest serving what it is like in the Democratic cau- So what we want to do is take away Independent in congressional history— cus—if we are able to talk it through a many of the restrictions that have this is not a Democratic issue; this is little bit and secure consent for that been imposed on the Postal Service by not a Republican issue. Republicans before it is offered. Congress and give them the flexibility and Democrats have rural post offices. That would be the job of Senator to be more entrepreneurial to bring in All know how important they are. All MCCONNELL, the Republican leader. So more revenue. In addition to that, this want to save jobs in the middle of a re- here we are. We were on the postal bill managers’ amendment creates a blue cession. All want the Postal Service to for 5 full minutes, and now we are off ribbon entrepreneurial commission. be strong. on a wrong track. We can move back What that is about is that today we So I would hope we can work to- very easily. The majority leader has have, as the majority leader indicated, gether. We had a good vote a few hours the ability to control any amendment ago—74 votes. I would hope we could some 32,000 post offices in America. through his filling the tree and does work together to save the Postal Serv- Today letter carriers are delivering not need the cloture amendment. Hope- ice, make it strong, and make sure it is mail to about 150 million doors in fully, the Senators on this side will there for our kids and our grand- America. That is a huge infrastructure. carefully consider the offer of all rel- children. If we have some pretty smart entre- evant amendments. That would give us preneurial types telling us what we can At this point, if the Senator from Tennessee would like some time, I am a chance to offer many amendments. do in addition to what we are doing It is the right of any Senator to ob- now—what the letter carriers can do, happy to yield to him 3 minutes. The PRESIDING OFFICER. The Sen- ject. But as one Senator, I appreciate what the post offices could do, what the gesture, and I hope the majority the Postal Service can do in terms of ator from Tennessee. Mr. ALEXANDER. I thank the Sen- leader will give Senator MCCONNELL an new products and services—can we ator from Vermont. This is a body that opportunity, if he wants it—I am just bring in more revenue? I think we can. operates by unanimous consent, which speaking for myself—if he wants it, to That is what the commission is going is a hard thing to get accustomed to work through our caucus and see if we to be looking at. until you have ever been a part of it. can get a relevant amendment agree- Let me say a few words about the fi- That means any one of us can stop the ment. nancial condition of the Postal Serv- Senate from opening or having a pray- The PRESIDING OFFICER. The Sen- ice. No one debates first-class mail is er or saying the Pledge of Allegiance or ator from Massachusetts has the floor. down. A lot of people now use e-mail going to a bill. and the Internet rather than first-class Mr. BROWN of Massachusetts. Mr. What I am about to say, I do not President, I would yield to the Senator mail. There is no debate about that. want in any way to diminish the rights But what many people, including many from Michigan for 15 seconds. of any Senator, such as the Senator Mr. LEVIN. Mr. President, I wish to Members of Congress, do not fully un- from Kentucky, to have an opportunity derstand is the major crisis. The major thank the Senator from Tennessee for to object to a unanimous consent re- his constructive comments. He and I financial crisis facing the Postal Serv- quest. But when everyone has a lot of ice is the fact that they have an oner- have spoken about trying to work on a rights, unless we have some agreement, relevant standard at the beginning of a ous burden of having to provide $5.5 bil- it is hard to get much done. lion every single year in future retiree bill as a way of moving a bill forward I have been sometimes critical of the with the greatest possible leniency, health benefits—$5.5 billion every majority leader, but I have also tried year—which was imposed upon them in without getting into totally nonrel- to support and praise him for things he evant subjects. 2006. has done when I can because I know I thought his comments were con- According to the inspector general of that either being the Democratic or structive. I wanted to thank him for it. the Postal Service, the $44 billion in the Republican leader is not an easy I hope we can continue to work to- that account right now is all that it job. So I want to commend the major- needs because when that $44 billion ac- ity leader for offering to accept all rel- gether on this relevance course, which crues interest over a 20-year or so pe- evant amendments, which is a broad is perhaps the best way to get us out of riod, it will have enough money to pay category, and this bill seems particu- the kind of knots that we are fre- out all of the future retiree health ben- larly appropriate for that because we quently tied in. I want to thank my efits that it has to do. Furthermore, have competing visions for what to do friend from Massachusetts. there is, in general, no disagreement about the post office. Mr. BROWN of Massachusetts. Mr. that the Postal Service has overpaid It has gone through committee, the President, I concur with the Senator into the Federal Employees Retire- regular order, and the bill is bipar- from Tennessee. Listen, we need to ment System by about $11 billion and tisan. There are not a lot of partisan step back and move back a little bit. to the Civil Service Retirement Service differences. There are a lot of dif- This is a bill of which I am a cosponsor. about $2 billion. In other words, the ferences, and they need to be worked I work very hard. I note in the major- Postal Service is owed about $13 bil- out. We have probably 2 weeks to do it. ity leader’s comments he referenced lion. So this is a ripe situation for that if we Senators CARPER, LIEBERMAN, and COL- So to conclude, let me say this: The can get consent to do it. LINS. But I spent an equal amount of Postal Service performs an enormously I am disappointed the majority lead- time working on this bill and I am a important function for millions of indi- er felt he had to go on and offer cloture cosponsor. I care very deeply about our viduals and for our economy as a to move on because he already had con- postal workers and the security and whole. As the majority leader indi- trol of the situation with the right to the viability of the post office itself. cated, there are some 8 million jobs in fill the tree. So I would hope we could I am hopeful also that the majority a variety of industries dependent upon respect the right of the Senator from leader will step back because before we a strong Postal Service. Kentucky and that of other Senators to left we had 2 great weeks of working on I believe if the Senate is prepared to offer unanimous consent—to object to relevant issues. We had the insider be bold, to do the right thing, we can unanimous consent agreements but see trading bill, which passed 96 to 3. The save jobs. We do not need to lay off or if we cannot find some way to move leader allowed us to have a couple of to downsize the Postal Service by over ahead with an agreement on relevant days to get our Members in order, not 200,000 workers. We do not need to shut amendments. 4 hours.

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.042 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2372 CONGRESSIONAL RECORD — SENATE April 17, 2012 We should have the ability, when we I would once again encourage the ma- terests of everybody in this Chamber have amendments or issues that in- jority leader to step back from the and the American citizens. We can pro- volve our Members—they should have path he has chosen to move on to an- vide different tools that he would be the right to bring them forward in any other bill because one Member had a able to use, and we would be able to form they want, and we should have deep concern about what is happening have input on that. the ability to get together with them in Egypt, as many of us do. Would it In Massachusetts, the Postal Service before we move on to another totally hurt to give him his 15 minutes and has made plans to close four main proc- different, very important issue, such as then move on? I just do not get it. It is essing facilities and dozens of post of- the Violence Against Women Act, of such a disservice to the American peo- fices. Yet there has been a lack of de- which I am also a cosponsor. So I do ple. tailed explanation provided to govern- not care which one we go to. We need to put the Postal Service on ment leaders—me and others—and em- But this one is relevant. It is time the path to solvency right away—right ployees or the surrounding commu- sensitive. It needs to be addressed right away. The bill that has been brought nities to fully justify these changes as away. I have been honored to work here has been worked on between our both necessary and prudent. We can do with Senator CARPER once again and four offices probably 300 or 400 hours better and should do better. Senator LIEBERMAN once again and easy. Throw in the office hours for all Eliminating the overnight delivery Senator COLLINS once again, working our staff, it is probably upwards of 1,000 standard or days of delivery will be on something that can be very impor- hours we have been working on this transformational shifts in service. We tant and will be very important for our bill. don’t know whether those are appro- country. This is something I speak to our con- priate. Little is known about the com- We are here today because the post stituents of, working with Congress- bined impact these major changes will office is clearly at a crossroads. They man LYNCH in Massachusetts and oth- have on the postal customers or future are in deep trouble. For more than two ers, to try to make sure we can have a revenues. centuries it has played a key role in plan, a good base, a good starting Mr. President, as we know, volume both our economy and our commu- point. We may not agree on everything. declines means decreased revenue for nities, and for decades communities But I will tell you, we all agree we need some and driving costs up and getting large and small and citizens far and to save the U.S. Postal Service. We those costs under control are driving wide have come to depend on the reg- need to give them the tools and the re- users away at alarming rates. These ular and dependable mail service 6 days sources to do their job and be viable plans require a thoughtful consider- a week for a reasonable price. and competitive into the new century. ation of alternative solutions, public It is plain and simple that in the past We all agree on that. input, and cautious implementation. a steady volume of mail has provided So we have a little hiccup, then we We have, in fact, done that with our that adequate revenue. But things have are going to move on to another bill. bill. We have sat down, as I said, for changed. Yet in the face of the techno- Once again, it is just as important, and more hours than I can tell you trying logical changes and difficult economic I am happy to move on to it. I am a co- to work through every issue. We have conditions, first-class mail volume, as sponsor. But come on. We deserve to met with the players ad nauseam to we know, has dropped by over one- give the American people better. We quarter in the last 5 years. It is fore- try to make sure we address each and should be doing better. We need to rec- casted to do the same thing over the every consideration, including Mem- ognize and address right away the seri- next 5 years, and the business model bers of this Chamber. There are Mem- that proved successful for generations ous financial condition of the post of- bers on the other side who have their is now sinking the Postal Service in a fice and provide it with the flexibility own ideas how to fix this. We have pool of red ink. to cut costs but do so in a way that is amendments here, also, and people As we all know, they have lost over responsible to its employees and con- want to address their issues. $13 billion—billion dollars—in the last siderate of the customers who are con- Since when do we bring up a bill and 2 years. They are almost on the verge tinuing to use their service, to grant do it in a day—especially something of bankruptcy. As we know, the work- them the ability to find ways to in- like this, which is so massive and af- force is too big, costs are too high, and crease revenue and innovate without fects so many people and an entire in- operations are being maintained that competing with private industry or dustry. We are going to do it in a day are unequal to the revenue that is ac- giving them an unfair advantage over or 2 days. Even when we did insider tually coming in. We need to stop that private industry. That is a good thing. trading, we did it in 4 or 5 days. This right away. The number of delivery ad- We also want to make sure rates do bill, I figure, is a good 6 to 8 days of dresses increases every day, and the not rise abruptly. That is also a good hard-core debating, letting people Postal Service’s liability to its employ- thing. We need to ensure that the Post- come up with ideas for trying to rescue ees grows each and every day. The al Service maintains a certain standard this important industry. longer we wait, the more difficult it be- of service so it will have business and I and others in this Chamber want comes. We are up against a deadline. individuals who want to continue to the postal employees to be treated fair- We do need to work together in a bipar- use that service. ly. We recognize their dedication and tisan, bicameral manner. It is a delicate balancing act, with their service in this bill. We have over This is not about Democrats and Re- little disagreement on that. There is 100,000 employees eligible for retire- publicans or Independents. It is about also little disagreement that the cur- ment today. Rather than advocating us as a body showing once again—try- rent size in both workforce and postal for layoff authority, our bill provides a ing to reestablish that trust with the operations is neither sustainable nor means for the Postal Service to in- American people—that, my goodness, required for the long term. We must re- crease attrition rates through buyouts the Senate can do things together, as duce costs and we need to have greater and separation incentives to leave the we did with the crowdfunding jobs bill, efficiencies, and they must be found if post office voluntarily and with dig- as we did with the Arlington Cemetery the Postal Service is to survive and nity. That is deeply important to me. bill, as we have done with the 3-percent thrive in the future. The Postal Service Additional provisions in the bill in- withholding, and as we have done most still plays a significant role in our clude long-overdue improvements to recently with the insider trading. We economy; we all know it. There is a the Federal Workers’ Compensation can do these things. This is a no- standard they have to hit, and we all Program, a more affordable schedule of brainer. demand it. prefunding the retiree health benefit Everybody here agrees we need to I fear that if we don’t pass this bill, trust fund, and encouraging eligible re- save the post office, and we all have the Postal Service will continue to ad- tirees to join the Medicare rolls. some very real concerns: rural con- vocate for a more aggressive approach. These are no doubt difficult times for cerns, city concerns, everybody has We are up against a deadline. If we fail the Postal Service, and some very concerns. We should have the ability to to address this, the Postmaster Gen- tough choices are going to be made. So have these aired, and we need to do it eral will have the ability to do things far in this legislative session, the Sen- right now. that I think will not be in the best in- ate has shown that there are issues, as

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.043 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2373 I said in my presentation, on which we terest rates, when the Federal Reserve doubling the interest rate college stu- can find bipartisan solutions. In clos- has set the target interest rate for Fed- dents will pay for these loans. It is a ing, I am confident this is one of them, eral funds between 0 and .25 percent— matter of major priorities for us—not and I look forward to having our bill the Fed is lending money to banks at just for a short time but for the future heard and we get back on track, have near zero percent. We, at the same of the country. We have 75 days. The the leader step back and allow us to time, are asking middle-income fami- clock is ticking. We have to move. If come up with an agreement of relevant lies to pay twice as much, 6.8 percent— we don’t, millions of middle-class stu- amendments and do the people’s busi- a huge discrepancy—in the loans they dents and families will be denied the ness. pay for education. opportunity to effectively get a higher I am grateful for the leadership Sen- We also recognize—all of us—that the education. ators LIEBERMAN, COLLINS, and CARPER key to our future is an educated Amer- I yield the floor. have shown on this issue over the ica. It seems that given the interest The PRESIDING OFFICER. The Sen- years. I look forward to working on rate environment, where banks can get ator from Arizona. this bill with them. money overnight at near zero percent POSTAL SERVICE REFORM I yield the floor. interest and we are telling students Mr. MCCAIN. Mr. President, I rise to The PRESIDING OFFICER. The Sen- they have to pay 6.8, not 3.4, it doesn’t comment on our failure to move for- ator from Rhode Island. make sense. It is in our national inter- ward with debate and discussion and Mr. MCCAIN. Mr. President, before est to ensure that students not only amendments on this very important the Senator speaks, I ask unanimous get educated but don’t leave school bill. The sponsors of the legislation and consent that I be allowed to follow the with a mountain of debt. I may have very different proposals to remarks of the Senator from Rhode Is- We need more students graduating address this compelling issue, but nei- land. from our colleges, universities, and ther the sponsors nor I believe we The PRESIDING OFFICER. Without professional schools because that will should not have debate, discussion, and objection, it is so ordered. amendment. The Senator from Rhode Island. power our economy in the future. We won’t be globally competitive if we Unfortunately, again, because of a re- STUDENT LOAN AFFORDABILITY ACT quirement by Members that their Mr. REED. Mr. President, we are en- don’t do this. In 1980 the gap between the lifetime amendment be voted on, apparently, gaged in a very important debate while earnings of a college graduate and high the majority leader will now move on, the clock is ticking on literally the fu- school graduate was 40 percent. In 2010 fill the tree, amendments will not be ture of the postal service. allowed, and we will move on to other I want to alert my colleagues to an- it was 74 percent. By 2025 it is projected to be 96 percent. The message is clear: legislation. This affects 500-some-thou- other issue that is rapidly approaching. sand American employees. We are talk- On July 1, if we do not act, the interest If you cannot get postsecondary edu- cation, you are virtually going to be ing about tens of billions of dollars. We rate on subsidized student loans will be are talking about an urgent need to re- doubling from 3.4 percent to 6.8 per- condemned to being far behind in terms of income and ability to support your structure and reform the postal system cent, impacting more than 7 million in America. So now, because of de- students, including more than 36,000 in family. Researchers have found that since at least the 1980s, we haven’t mands of Senators to have votes on Rhode Island. nongermane amendments, we will now I have introduced legislation—the been producing a sufficient number of move on to other legislation. I wonder Student Loan Affordability Act—to college-educated workers to meet the when we will address the issue. May 15 stop the doubling of student loan inter- demand of industry. If you go to busi- is a very critical date in this whole sce- est rates as of July 1 of this year. Many nesses throughout Rhode Island and nario. of my colleagues have already joined the Nation, they will tell you they I would like to talk a bit about my me, including Senators BEGICH, have jobs for which they cannot find proposal, and that basically is modeled SHERROD BROWN, DURBIN, FRANKEN, TIM the people with the high-level skills after the bill that is pending in the JOHNSON, KLOBUCHAR, LEAHY, MURRAY, needed to fill them. So every available other body, the House of Representa- SANDERS, SCHUMER, STABENOW, WHITE- criterion argues strenuously for this legislation. tives. HOUSE, and WYDEN, as cosponsors of the Yesterday the Washington Post edi- legislation. I thank them and urge all In Rhode Island, we have 41 percent of our working adults who have college torial said, ‘‘The time for real postal of my colleagues to join us in sup- reform is now.’’ It begins: porting this legislation. degrees. By 2018 it is estimated that 61 If we don’t act, the average borrower percent of the jobs there will require For anyone who still does not quite grasp the technologically obsolescent U.S. Postal will have to pay approximately $2,800 some postsecondary education. We Service’s calamitous financial situation, more in interest on their loans. Stu- have a 20-percent gap that has already here are a few facts from Thursday’s Govern- dents who take out the maximum opened in the next 4 years, and we have ment Accountability Office report. $23,000 in subsidized student loans to fill it. The wrong way to fill it is to Before I go through that, I will quote could owe approximately $5,000 more make college more expensive. from a Washington Post article from over the 10-year repayment period. I recently had a roundtable with all November 18. It specifically refers to Students and families simply cannot of the presidents of my universities and the pending legislation. It says: absorb these costs in this tough econ- colleges in Rhode Island. They said The 21st Century Postal Service Act of omy and in the face of rising tuition that keeping this interest rate rel- 2011, proposed by Senators Joseph I. Lieber- and dwindling State support for higher atively low is absolutely critical. They man and Susan Collins and passed last week education. are all worried about the fact that by by the Senate Committee on Homeland Se- This particular measure will hit mid- July 1, unless we act, we will see a dou- curity and Governmental Affairs, is not a dle-income families very hard because bling of this interest rate. bill to save the U.S. Postal Service. It is a they are the ones who rely signifi- Frankly, this is an issue that has had bill to postpone saving the Postal Service. cantly on these subsidized student bipartisan support. In 2007, on a very The service’s announcement that it lost $5.1 billion in the most recent fiscal year was loans. The subsidized student loan pro- strong, bipartisan basis, we enacted the billed as good news, which suggests how dire gram is a need-based financial aid pro- College Cost Reduction and Access Act, its situation is. The only reason the loss was gram. To get the low rate and the in- cutting the interest rate from 6.8 to 3.4 not greater is that Congress postponed the school interest subsidy, students must percent. In the Senate, the legislation USPS’s payment of $5.5 billion to prefund re- demonstrate economic need. Nearly 60 passed on a 79-to-12 vote, with more tiree health benefits. According to the Gov- percent of the dependent students who than two-thirds of Republican Sen- ernment Accountability Office, even $50 bil- qualify for these loans come from fami- ators—34 out of 49—supporting it. lion would not be enough to repay all of the lies with incomes of less than $60,000. President George W. Bush signed it Postal Service’s debt and address current and future operating deficits that are caused That is literally the middle class and into law. by its inability to cut costs quickly enough the working poor of this country. We have to revive, before July 1, that to match declining mail volume and revenue. This is an issue of fairness. At a bipartisan spirit that motivated the The Collins-Lieberman bill, which trans- time, ironically, of historically low in- initial legislation so that we can avoid fers $7 billion from the Federal Employee

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.044 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2374 CONGRESSIONAL RECORD — SENATE April 17, 2012 Retirement System to the USPS—to be used For better or worse, our children’s children In 2011, the American Postal Workers for offering buyouts to its workers and pay- will marvel at the fact that anyone ever used Union . . . and USPS management nego- ing down debts—can stave off collapse for a to send the paper thing called ‘‘a letter.’’ tiated a 4-year agreement that limits trans- short time at best. They’ll be amazed to learn that we unneces- ferring employees of an installation or craft I point out that this is the Wash- sarily spent billions of dollars propping up a to no more than 50 miles away. ington Post’s view and the GAO’s view, huge, inefficient system for moving these How in the world did they negotiate not necessarily that of this Senator. things around. But what would really as- tound future generations is that we borrowed an agreement that they would not Nor do the other measures in the bill offer that money and left it to them to pay it transfer anybody farther than 50 miles much hope. The bill extends the payment back. away? schedule for the Postal Service to prefund its If USPS management cannot place em- employee retirement benefits from 10 to 40 There is no better description of ployees within 50 miles, the parties are to years. Yes, the funding requirement is oner- what this bill is all about. My friends, ous, but if the USPS cannot afford to pay for I will be glad to go into a number of de- jointly determine what steps may be taken, these benefits now, what makes it likely tails, but it is very clear Congress and which includes putting postal employees on they will be able to pay later when mail vol- ‘‘stand by’’ which occurs when workers are the Postal Service cannot make deci- idled but paid their full salary due to re- umes most likely will have plummeted fur- sions, so what we need is the only thing ther? assignments and reorganization efforts. we found that worked to reduce our I am not making that up. If someone The article goes on to talk about one bases in America, which was a BRAC. of the favorite tactics around here— is a postal service worker and they So what we need is a BRAC-like com- want to be reassigned more than 50 more studies. mission to identify those post offices The bill also requires two more years of miles away, they cannot do it. And if and other facilities that need to be they can’t do it, they put employees on studies to determine whether a switch to closed. five-day delivery would be viable. stand-by, and they are idled but paid I wish to go back to what the article their full salary due to reassignments I have to repeat that for my col- said about future generations. My and reorganization efforts. My friends, leagues. We need to study for 2 years as friends, we now communicate with it helps us to understand why 80 per- to whether we need to reduce mail de- these. We communicate by e-mail and cent of their costs are in personnel. livery from 6 days to 5 days. Isn’t that we communicate by tweeting and we The GAO, in its report, makes an ar- marvelous. Isn’t that marvelous—2 communicate electronically in the years to study. What it is is delaying gument basically for a BRAC. They ways we used to do with pen and paper what is absolutely necessary; that is, call it the Commission on Postal Reor- or a typewriter. That is a fact. So we to have 5-day-a-week delivery. ganization. Quoting the GAO once have seen a dramatic reduction in reg- One of my colleagues said it might again: keep someone from getting a news- ular mail. We have seen it go down in a very dramatic fashion, which will ac- The proposed Commission on Postal Reor- paper in the mail. We are talking about ganization could broaden the current focus $50 billion short, and we can’t even re- celerate over time. Listen, when guys on individual facility closures—which are duce the number of days which has my age are doing this, everybody is often contentious, time consuming and inef- been recommended by the Postmaster doing it. The fact is, everybody will be ficient—to a broader network-wide restruc- General himself, so we are going to doing it, and they will not have to put turing, similar to the BRAC approach. In have 2 years to study whether we a 30- or 40- or 50-cent or 60-cent stamp other restructuring efforts where this ap- should switch to 5-day-a-week and on a letter in order to get a message to proach has been used, expert panels have their friends, families, business associ- successfully informed and permitted difficult whether that would be viable. restructuring decisions, helping to provide Continuing to quote from the Wash- ates, et cetera. Instead of doing as some did when consensus on intractable decisions. As pre- ington Post article: viously noted, the 2003 report of the Presi- These studies would be performed by a reg- the Pony Express was replaced by the dent’s Commission on the USPS also rec- ulatory body that has already completed a railroad—trying to prop up a failing in- ommended such an approach relating to the laborious inquiry into the subject, a process dustry—let’s find a graceful exit and, consolidation and rationalization of USPS’s that required almost a year. at the same time, preserve those func- mail processing and distribution infrastruc- So it will actually take 3 years. tions of the Postal Service that will be ture. We also reported in 2010 that Congress This seems a pointless delay, especially around for a long time. There are func- may want to consider this approach to assist given that a majority of Americans support tions that could stay around for a long in restructuring organizations that are fac- the switch to five-day delivery. time. But this is a dramatically ing key financial challenges. We are sympathetic to Congress’s wish to GAO has testified that USPS cannot con- changed world. We now have instant tinue providing services at current levels avoid killing jobs. And the bill does include communications. We have instant news provisions we have supported—such as re- without dramatic changes in its cost struc- quiring arbitrators to take the Postal Serv- cycles, and we have today a prolifera- ture. Optimizing the USPS’s mail processing ice’s financial situation into account during tion, thank God, of information and network would help USPS by bringing down collective bargaining and demanding a plan knowledge that was unknown in pre- costs related to excess and inefficient re- for providing mail services at retail outlets. vious years or in history. There are up- sources. But this plan hits the snooze button on sides and downsides to that, but the Continuing to read from the GAO re- many of the postal service’s underlying prob- Postal Service delivering letters does port: lems. Eighty percent of the USPS’s budget goes towards its workforce; many of its not play any role in the future of infor- Lack of flexibility to consolidate its work- workers are protected by no-layoff clauses. mation being shared and made avail- force: USPS stated it must be able to reduce Our Postal Service has no-layoff able to citizens all over the world. the size of its workforce in order to ensure First-class mail makes up more than its costs are less than revenue. Action in this clauses in its contracts. I wonder if area is important since USPS’s workforce most Americans know that. half of postal revenues. It is down by more than 25 percent since 2001. In the accounts for about 80 percent of its costs. Seven billion dollars’ worth of buyouts We are faced with a very difficult de- may help to shrink the workforce, but this last 11 years, it is down 25 percent, and so-called overpayment will come from tax- I promise that will accelerate. It con- cision, and the amendment and sub- payers’ pockets, and it is a hefty price to pay tinues on a downward spiral with no stitute I have has a number of provi- for further delay. sign of recovery. This, combined with sions. I see my friend from Connecticut There is an alternative—a bill proposed by unsustainable 80-percent labor costs is on the floor, and I know he wants to Representative Darrell Issa, (Republican- and labor contracts that contain no- discuss this issue as well, but the fact California) that would create a supervisory layoff clauses, points to the hard re- is we are looking at a Postal Service body to oversee the Postal Service’s finances and, if necessary, negotiate new labor con- ality the Postal Service is broken. that once upon a time was so impor- tracts. The bill, which just emerged from By the way, that is also the conclu- tant to the United States of America it committee, is not perfect, but it offers a seri- sion of the Government Accountability was even mentioned in the Constitu- ous solution that does not leave taxpayers Office, which just recently issued a re- tion. Since those days, and in the in- on the hook. port entitled ‘‘Challenges Related to tervening years, the Postal Service I wish to read from the April 14 Restructuring the Postal Service’s Re- performed an incredibly outstanding Washington Post editorial, which I tail Network.’’ Let me quote from that job in delivering mail and communica- think sums up the situation. report. tions to our citizens all over America—

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.045 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2375 in all settings, in all parts of our coun- trators to take into account pay com- I yield the floor. try—and they deserve great credit for parability in any decision. It replaces The PRESIDING OFFICER (Mrs. doing so. But now we face a techno- it with vague language that says SHAHEEN). The Senator from Massachu- logical change. ‘‘nothing in this section may be con- setts. As I understand it, a huge portion of strued to limit the relevant factors Mr. BROWN of Massachusetts. their mail now is made up of so-called that the arbitration board may take Madam President, I agree with the junk mail, which is advertising mail. into consideration.’’ statements of the Senator from Ari- Americans in greater and greater num- If that isn’t vague language I don’t zona about the majority leader and al- bers are making use of this new tech- know what is. Let me repeat it. They lowing us to actually work on relevant nology, as I pointed out, and it is time want the board to do nothing in this amendments that are important to we understood that and we stopped this section of the legislation that could be each and every person in this Chamber, incredible hemorrhaging of money. Ac- construed to limit the relevant factors to make sure we can address those very cording to the Postal Service itself, by that the arbitration board may take real issues, to move not only this issue 2020, they are expecting to face up to a into consideration. That is pretty good forward but to try to attempt to rescue $238 billion shortfall. They are expect- guidance, isn’t it? the Post Office. ing a $238 billion shortfall in just the I could go on and on, but in summary I also agree with him in his com- next 8 years—$238 billion. The Postal I would just go back to the Washington menting on some of the deals that were Service has reached its borrowing limit Post’s final paragraph of their article cut by the Postmaster General in deal- of $15 billion. Even with dramatic cost and repeat—and this is what this is all ing with contracting. We actually have savings of $12 billion and workforce re- about, my friends. spoken about this many times. I asked duction of 110,000 postal employees in For better or worse, our children’s children the Postmaster General personally the past 4 years, the Postal Service is will marvel at the fact that anyone ever used what was the thought process associ- still losing money. In fact, the Postal to send the paper thing called ‘‘a letter.’’ ated with entering into a contract? Did Service has said it could lose as much They’ll be amazed to learn that we unneces- you want us to be the bad guys? What sarily spent billions of dollars propping up a was the thought process there? Our as $18 billion annually by 2015 if not huge, inefficient system for moving these given the necessary flexibility it needs things around. But what would really as- hands are somewhat tied in dealing to cut costs and transform. tound future generations is that we borrowed with some of these legislative issues. What does the legislation before us that money and left it to them to pay it There is nobody I respect more than do? It delays by 2 years for a study—a back. the Senator who just walked out of study—to figure out whether we should I thank the sponsors of this bill for this Chamber but I have to respectfully go from 6 days a week to 5 days a week. the great effort they made. I think we disagree. During our many long hours I wonder how long it would take some have open and honest disagreements of deliberation between staff and co- smart people to figure out whether we that deserve debate and discussion and sponsors we wrestled with many things should go from a 5-day delivery versus amendments. They deserve amend- that were brought up in his presen- 6 days. According to the sponsors of the ments and they deserve honest debate. tation. With all due respect, I read bill, it takes them 2 years, after they We are talking about the future of the many other articles that comment we have already studied it for 1 year. Re- Postal Service in America and we are are moving boldly to try to rescue the markable. Remarkable. talking about literally, over time, hun- Post Office, taking into consideration What we need—and this is, unfortu- dreds of billions of dollars of taxpayers’ everybody—not only the union workers nately, testimony to the lack of polit- money. but obviously the Postmaster General, ical courage of Members of Congress I hope the majority leader will recon- the citizens—i.e., the users of the Post- and members of the administration—a sider and allow amendments to be pro- al Service, and everybody in this BRAC process. We need a BRAC proc- posed. I hope my colleagues will not in- Chamber. ess, where we can appoint a number of sist on a vote on a nonrelevant amend- The impending financial crisis at the men and women who are knowledge- ment as a condition to moving forward Post Office I can tell you is foremost in able and who are willing to make these with legislation. That is not right ei- our minds. It was the only consider- decisions for us and then those deci- ther. ation we had, was trying to make the sions would be made and it would come I have said time after time, because I Post Office viable for future genera- back for an up-or-down vote in the have been around here for a long time, tions to use. That is the only consider- Congress of the United States. we should have people sit down, both ation we had. The fact that we are here I point out again, this bill before us majority and Republican leaders, and today, and I guess are not going to be locks in the current service standards say, okay, how many amendments do able to move forward on this, is mind- for 3 years. It will make it impossible you want? Which amendments do you boggling. But any legitimate reform of to go forward with the vast bulk of the want voted on? Give them a reasonable the Postal Service has to recognize we Postal Service’s planned network con- handful, which we did not that long need to cut costs and streamline an or- solidation for at least 3 years. It puts ago, and then you have those votes and ganization that is too big, especially in in place significant new steps, includ- move forward. light of the future mail volumes and ing public notice and comment, before This is important legislation. The the decreasing of future mail volumes. a processing plant can be closed. It Senator from Connecticut will point Our bill recognizes this, but where it gives appeal rights to the PRC for proc- out that May 15 is a critical day. This differs from the approach of the Sen- essing plant closures and gives binding issue cannot be strung out forever. ator from Arizona is in our recognition authority to this PRC to keep a plant I hope we can sit down with the ma- of the full impact that major service open to protect service standards. jority and Republican leader and come changes will have on postal customers The bill adds a number of new regula- up with some amendments that would and future revenues. tions designed to make it more dif- be allowed and then move forward. I The Saturday delivery service of the ficult to close post offices. It includes a don’t know if my amendment will be Post Office is one of the strongest ben- post office closure moratorium until agreed to, but I think it deserves a efits it has. When you are competing retail service standards are created. It vote. I think it deserves debate and with the other entities delivering mail gives the PRC the ability to enforce a consideration. or delivering packages and the like, ‘‘retail service standard’’ which would Again, I thank the sponsors, three of that is the leg up that the Postal Serv- enable the PRC to not only require ap- the four of whom are on the floor, for ice has. We want to deliver that. pealed post offices stay open but even their hard work. I look forward to the As a matter of fact, I want to address require new post offices to be open if a opportunity to have honest and open two other things. It is not the tax- complaint is lodged. debate and discussion on this very im- payers who are paying this money. It is It continues the 2-year delay before portant legislation. I know they and the ratepayers who have already paid USPS can go to 5-day delivery, as I their staffs have put in hundreds and into the system and have in fact over- mentioned, and it removes a provision hundreds of hours of work on this legis- paid into the Postal Service in some of in the reported text that required arbi- lation to bring it to the floor. their retirement issues, the retirement

VerDate Mar 15 2010 03:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.047 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2376 CONGRESSIONAL RECORD — SENATE April 17, 2012 program that we have. We are merely fruition, had they not actually had the thank him for doing his part personally giving them that money back to allow guts to move that forward. What a leg- for the Post Office by continuing to them to get their financial house in acy to leave. write letters and sign them. order in order to offer some buyouts, to Then to actually have another leg- If we all personally—I am using e- get these 100,000 people retired so we acy, to save the United States Post Of- mail as much as anyone else. I am can reduce the cost of the Postal Serv- fice? They may actually name it after going to wander a bit here in preparing ice. the Senator. I will make that effort, for this my last year in the Senate and Once we make these changes, the the Joe Lieberman Post Office. That how you wind things down. They actu- Senator from Arizona also referenced will be great. ally keep our e-mails on disks. They that it is going to take a 2-year study? Mr. LIEBERMAN. In Massachusetts? can be stored in libraries, as you would No, it is not a 2-year study to see if we Mr. BROWN of Massachusetts. And I normal memos. We do reserve the right are going to cut down Saturday serv- will put it in Massachusetts. How to edit somewhat. We are privileged in ice. They want to cut it right off. If we about that? that way. But so much of the commu- do all these other changes, the consid- You need to have a sense of humor nication that goes on between people eration we did in a joint and bipartisan around here. Trust me, sometimes you on e-mail is effectively lost in the manner was to determine whether, in have to laugh at some of the things ether of cyberspace. fact, if we had done these, do we still that happen here. When you think about the richness of need to cut the Saturday service? But in all seriousness, we need to history, how much of history comes Which, by the way, is the benefit the take these drastic steps in order to pro- from letters that were written or typed Postal Service has over everybody else. vide for the economic viability of the over time, I think—though the trend Are we going to contribute to that Postal Service. In our bill, S. 1789, we here is clear, more and more will be downward spiral or are we actually will have a better way. The likelihood done on the Internet, on e-mail—I going to work together and give them of the House bill passing is, I am under- think people are going to still want to the little bit of flexibility, to say we standing, quite remote. But there is a write and receive letters. That is just have done all these changes, we don’t good likelihood that we can actually one of the reasons why the Post Office need to cut Saturday delivery? get this out first if the majority leader should stay what it is—not what it is We still do it. We may need to lets us move forward and get it out the now but remain a viable institution streamline it. We may need to do door and put the pressure on the House which is not only important for the curbside instead of going to the door. to join with us in a bicameral way. slightly sentimental reasons I have We may need to do clusters, shift it in I want to say I was honored to be mentioned but because millions of jobs some rural areas. But we have cut re- part of this effort to rescue the Post in our society and our country depend tirees. We have cut, consolidated—we Office, as I have been honored to work on the Postal Service. Although e-mail have done everything. That is what the on everything in our committee. We and the Internet are changing the re- 2-year study is: If it doesn’t work, we are going to miss the Senator very ality of communications in our world, will do it. But to cut off your nose to much. I said that before and I am not there are some things, in addition to spite your face makes no sense to me. kidding. I know Senator COLLINS feels mail, that will always best be done As the Postal Regulatory Commis- the same way. To do these two major through the services of the U.S. Postal sion has pointed out time and time pieces of legislation, I am excited to Service and not through the Internet. again, the assumptions on customer see what else we can do before the Sen- Some of that is the catalogs and maga- and revenue impact as a result of these ator leaves. zines we get through the mail, but proposals have been weak at best and With that in mind, I will yield the some of it is the packages, medicine, nonexistent at worst. We need to make floor and note I am excited to continue products that people buy over the sure when and if we give the Post- to work on this very important initia- Internet, that have to be delivered. master General the ability to do these tive. I encourage the majority leader to Most of that is actually delivered, the certain things, he is going to do them. allow us to move forward and get this last mile, by the United States Postal There are no two ways about it. He done and then we will move on to the Service. needs to draw a line in the sand and, Violence Against Women Act. As I said I thank my friend from Massachu- more importantly, get everybody in before, I am a cosponsor of both. As I setts for responding to Senator the same room. I cannot imagine that said before, I am a cosponsor of both, MCCAIN’s statement. It described where our postal employees, whatever union so flip a coin—either way I win. It is we are simplistically on this. I know they are from, want to have the Post ‘‘heads’’ on both sides. This is time there are some people who believe the Office go bankrupt and go out of busi- sensitive. But it is until May 15, if I am bipartisan bill that came out of our ness. I can’t imagine there are people not mistaken, in order for us to do it committee—Senator COLLINS, Senator listening who don’t want to get their and have some control over these cuts; CARPER, Senator BROWN, and I—does cards from their grandchildren, get otherwise, you could see Draconian too much. It is too tough on the Post their checks, magazines, these things cuts, willy-nilly, with no input from us Office. So they are concerned about it. they are accustomed to. at all and no protection for our con- Senator MCCAIN is on the other side. I am listening to the Senator and I stituents. He doesn’t think—and I am sure there am signing letters I am going to be I yield the floor. are others—that we have gone far putting in the mail. How ironic is that. The PRESIDING OFFICER. The Sen- enough quickly enough. I think we I am sitting here signing letters and ator from Connecticut. found the right spot. I think this is a the Senator, for whom I have great re- Mr. LIEBERMAN. Madam President, balanced, middle-way proposal. But spect, says we communicate by this first I thank my friend, the Senator make no mistake about it, the sub- cell phone—yes, but the personal touch from Massachusetts, for his kind words stitute bill that has been filed is not a and that feeling of how you feel I think about me. It has been a pleasure to status quo bill. It authorizes and facili- is best expressed right here. That is work with him. He has been a great and tates exactly the kind of significant why I take the time and effort to re- devoted member on our committee. He change in the U.S. Postal Service that spond, not only to my constituents, to introduced, along with Senator GILLI- the reality of its declining business de- my family and friends. Call me old BRAND, the two bills that became the mands we propose. So in most of the fashioned. I think there is something anti-insider trading bill and worked as cases, with the exception of the 6- to 5- worth saving here and that is what I a ranking member on the sub- day delivery, which I will come back am working on. committee that Senator CARPER chairs to, to change the 6- to 5-day delivery Let me say, by the way, about the that has been working, focused on sav- requires legislative authorization. I Senator from Connecticut, what a leg- ing the United States Postal Service. hope somebody puts an amendment in acy he is going to leave. We just did I appreciate his kind words and the that would authorize the Post Office to the insider trading bill. Without Sen- stated intention, to name a post office go immediately from 6- to 5-day deliv- ator COLLINS’ and Senator LIEBERMAN’s for me. I hope he names one that is not ery because I wish to see what the sen- help that never would have come to then closed shortly thereafter. I also timent is in the Senate. My guess is—

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.048 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2377 for the reasons that the Senator from frustrated and angry with us because good bill that would put the Postal Massachusetts stated very eloquently— we leave problems unsolved because we Service back on the right track. people are not ready for that precipi- get stuck in partisan, ideological, or It would allow it to compassionately tous change from 6 to 5 days; that if we procedural gridlock. This is a real downsize its workforce, which it needs do some of the things Senator MCCAIN problem. to do. As painful as that is, we would is proposing, it would make such rapid The Post Office lost more than $13 do it in a compassionate way by giving and dramatic changes in the Postal billion in the last 2 years. It would authority for buyouts and retirement Service that it will have the contrary have been $5 billion more if we had not incentives similar to those used by the effect to what people intend and it will waived a payment responsibility the private sector. The Postmaster General diminish its services so rapidly that it Post Office had to the retirees’ health has said he believes he could reduce the will accelerate its downfall by decreas- benefit plan. It cannot go on this way. number of employees by 100,000 without ing its revenues. And if we don’t act, it is not as if noth- layoffs but by giving these incentives, This perhaps is not the right parallel, ing will happen; something will hap- particularly since more than 33 percent but I remember years ago when I was pen. The Post Office will continue to of the Postal Service employees are al- in the State Senate in Connecticut we spiral downward and the Postmaster ready eligible for retirement. had a real problem with the publicly will inevitably have to impose dra- Senator MCCAIN has a different view supported bus transportation running a matic cuts in services and personnel. on how we should go about that. He has deficit, and one of the inevitable pro- So I think it is our responsibility to a different view on Saturday delivery, posals was to raise the cost of the bus create a set of rules and procedures on rural post offices, on overnight de- fare. Well, of course, one of the logical here that acknowledges the need for livery of mail, all of which I think are and sensible reactions to that—which change in the Postal Service, create a important. Our bill does not prevent happened—is that fewer people rode the process—well, actually authorizes the the closure of every single post office, bus because it cost more and it got into Post Office to do some things it has not nor does it dictate that a certain num- ber remain open or closed, for that more trouble, and that is exactly the been able to do until now to raise more matter. What we did is we set stand- kind of downward cycle that the sen- money—and create a process for chang- ards. That is the way it should be. We sible change we are facilitating in this ing the business model of the U.S. have the Postal Regulatory Commis- bill will make possible. Post offices and Postal Service so it can survive in a sion set standards for access to postal mail processing facilities will be closed very different age, the age of e-mail, under this bill. A lot of employees will services, and those standards are sup- and also flourish because so many peo- posed to include consideration of such leave the Post Office. This will all be ple in our country depend on it for done according to standards and in a factors as distance to the next post of- doing so. fice, geography, public transportation, methodical way that I think ulti- Madam President, 563 million pieces mately will not only save a lot of and weather factors. That is far better of mail get delivered by the U.S. Postal than a one-size-fits-all approach that money for the Post Office—and I expect Service every day, so this is not some the Senator from Arizona would have we will have an official estimate in the kind of irrelevant and antiquated relic or the approach used by the Post- next day or two on that savings derived somewhere. This is a beating, func- master General to target 3,200 post of- from our bill from the U.S. Post Of- tioning, critically important element fices without even looking at whether fice—but it will do so in a way that of our life, our commerce, and our cul- there are alternative and far less ex- doesn’t break people away from the ture, and a lot of people depend on it, pensive ways to deliver the services. Postal Service and put it into a more so we have a responsibility to change it And there are. rapid spiral downward. and to keep it alive. For example, a rural post office could As a matter of process, I want to say I yield the floor. be colocated in a pharmacy or a gro- in response to my friend from Arizona, The PRESIDING OFFICER. The Sen- cery store. It could still exist but run Senator MCCAIN—first, I want to say ator from Maine. different hours, perhaps be opened from Ms. COLLINS. Madam President, at a that I appreciate what he said about 7 to 9 in the morning and 5 to 7 at the amendment from the Senator from later time I am going to speak in night. I wager that a lot of my con- Kentucky, it is not relevant to this strong opposition to the substitute of- stituents would appreciate that. That bill. I am sure there will be another oc- fered by the Senator from Arizona, but would be on their way to work in the casion that his proposal to terminate I must say that he has every right to morning and on their way home at financial assistance to Egypt will be offer that substitute. We should fully night. It could colocate with a State relevant and should be brought up, but debate it, and then we should vote on office or local office, move into a town- it should not be brought up on this bill it. I am puzzled by the procedural steps hall, or have a Federal agency move in because it is not relevant and it is ex- that have been taken this afternoon to with the post office. It could offer serv- actly those kinds of irrelevant amend- curtail the debate and amendment ices that are available generally at ments that often get the Senate into a process on this bill without our even State and local offices. There are so gridlock situation which means we trying to get an agreement on the many creative ways we can preserve won’t get our job done, and makes the number of amendments, perhaps lim- postal services in rural areas and yet public even more dissatisfied with us. iting them to relevant amendments, reduce costs, and I believe the Postal So I thank Senator MCCAIN for speak- which I think would have been a fair Service needs to be far more creative ing to that. way to proceed. So as much as I am op- in its approach. Senator MCCAIN has introduced an posed to the substance of Senator But I do not support the approach amendment, which I oppose, but it is MCCAIN’s substitute and believe it is Senator MCCAIN has laid out. One of relevant and it ought to be debated. I ill-advised, I do believe we should have his proposals would create a new bu- know the majority leader is very open a full debate on it and a vote on it. reaucracy—I thought we were against to working out a process by which That is what we are here for. creating new bureaucracies around amendments from both caucuses will There are many different views on here—such as a new control board that be introduced and introduced in a time- how we should save the Postal Service, would be over the board of governors ly way. There are several colleagues on but surely all of us ought to recognize and would have these dictatorial pow- the Democratic side who have amend- that we simply cannot allow the Postal ers over the Postal Service. That is a ments they want to offer as well. So I Service to fail. It is the linchpin of a proposal that I don’t think makes hope Senator COLLINS, Senator REID, trillion dollar mailing industry that sense. Senator MCCONNELL, and I can work employs 8.7 million Americans. It is ab- Our approach is to have a commis- together to begin to reach a bipartisan solutely vital. It also is an American sion that would examine the govern- agreement where we can take up institution with roots going to our ance of the Postal Service, but perhaps amendments that are relevant—Sen- Constitution, and we worked very hard what we should do, if there is some- ator MCCAIN’s is one of them—and we in a bipartisan way on our Homeland thing wrong with the structure of the can debate them and get something Security and Governmental Affairs board of governors—it was substan- done here. Too often the public is so Committee to come up with a very tially revised in 2006—is then we should

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.050 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2378 CONGRESSIONAL RECORD — SENATE April 17, 2012 revamp the board of governors, not cre- Under the Postal Service’s proposal, processing plants, no more overnight ate this new superbureaucracy on top the Hampden facility would be closed. delivery, Monday holidays as well—I of it. That virtually eliminates the possi- have talked to the Postmaster General, I agree with the comments of the bility of overnight delivery for roughly and he has conceded to me that even a Senator from Massachusetts on Satur- two-thirds of the State of Maine by ge- first-class package or letter mailed on day delivery. The provision that Sen- ography. It means a letter mailed from a Thursday would not arrive until a ator MCCAIN has to move directly to 5- my hometown of Caribou, in northern Tuesday. That is a long time when a day delivery and his negative com- Maine, to Presque Isle, just 10 or 11 person is waiting for vital medication. ments on the fact that we would pro- miles away, would have to make a 600- So our approach, our fundamental hibit that from happening for 2 years mile roundtrip to Scarborough, ME, in premise, is to recognize that the Postal misunderstands the intent of our bill. order to be processed and delivered. I Service must become leaner, more It is not to say that might never hap- can’t imagine how many days that is streamlined, more efficient. It must pen; it is to say that reducing service going to take, particularly in the win- downsize to respond to declining vol- should be the last resort, not the first ter, and this is all ground transpor- ume, but it must be smart in how it option. The Postal Service has an ad- tation. does so. It must do so in a way that vantage that it delivers 6 days a week. So that is the kind of ill-conceived does not alienate more of its customers Now if, in fact, after all the costs and decision our bill is intended to prevent because if it loses more of its cus- waste and excess have been wrung out because it is the kind of decision that tomers, volume will decline and reve- of the system and the Postal Service is is going to cause postal customers to nues will decline. It is that simple, and still not solvent after 2 years, then we take their business elsewhere. In proof that is why this bill has been so care- may have to move to 5-day delivery. of that, I received an e-mail from a fully crafted. But to give up that advantage imme- small business owner in Bangor, ME, This is not the bill I alone would diately, I can tell you what is going to which is the town right next to Hamp- have proposed, and I think that is true happen: The volume of mail will de- den, who told me he had already re- of all four of the sponsors of this bill. cline further. And if the volume of mail ceived a notice from his payroll com- But we did what we are supposed to do declines further after having a 26-per- pany saying if the Hampden facility in the Senate. We worked together. We cent decline over the past 5 years, what closes, then they recommend that he had countless meetings, at times—I is going to happen? Revenues will move to electronic payroll or they will think the Senator from Connecticut plummet once again. So we need to be hand deliver the checks from their pay- will agree—endless meetings, to ham- very careful about cutting service be- roll. So that, again, is lost business for mer out these provisions, to strike cause it leads to mailers leaving the the Postal Service. compromises. system. And once the big mailers, in Could things be done at the Hampden We consulted widely with our col- particular, leave the Postal Service, facility to save money? Absolutely. If leagues—with GAO, with the Postal they are not coming back, and the the facility’s size is too big compared Service, with large mailers and small Postal Service will sink further and to the volume of mail it is now proc- mailers, with the greeting card indus- further into a death spiral. essing, reduce the footprint. Rent out try, with the newspaper industry, with My approach is to try to keep and part of the facility. A major mailer magazine publishers, with anyone who grow the customers for the Postal would love to be right in the same had a stake—with the postal unions— Service. I think moving to Saturday building as the postal processing cen- and we got their suggestions and we delivery would drive more mail away ter. It could easily be reconfigured to crafted the bill to the best of our abil- and would hurt service and thus de- accomplish that. So the Postal Service ity. We worked hard on it. I think it is crease the volume. So I do not think can do a lot to reduce its costs without a good bill. that is a good approach. But the reason doing away with overnight delivery, I am very disappointed and indeed for our 2-year delay is not an endless with Saturday delivery, and with the puzzled why we can’t now proceed with study, as has been described by the treatment of first-class mail in the way debate on amendments on this bill and Senator from Arizona. It is to allow that we have been accustomed. why we have a cloture motion on this time for the retirement incentives to Coming from New Hampshire, I know bill already filed. That makes no sense go into effect, the downsizing of the the Presiding Officer has a special ap- to me. We are acting in good faith. We workforce to go into effect, the work- preciation for this: The steps that will are open for business right now. We ers comp reforms to go into effect, the be taken if we do not act will leave could be taking up amendments right new arbitration provisions to go into rural America behind. Not every part now. I hope the leader will reconsider effect, the administrative efficiencies of my State has access to broadband. and allow us to do this bill in the usual that we mandate to go into effect— We talk all the time about how people way. I would pledge to him—and he countless provisions of the bill to go can go on the Internet. Well, they can’t knows I am sincere in this—to work into effect. I believe if they are aggres- in parts of my State. We are making with him to try to come up with sively and well implemented by the progress in that area, but there are amendments and see if we can go back Postal Service leaders—if they are— many rural areas in Maine that do not and forth, side to side, and start work- there will be no need to eliminate Sat- have access to broadband. So they do ing through them. We are here. We are urday delivery. That is the reason for not have alternatives. open for business. We are ready to go. the provision in our bill. But we recog- Weekly and daily newspapers would This bill matters. Our economy is nize that maybe that will not happen. be at a terrible disadvantage if over- still very fragile. If the Postal Service Maybe the provisions will not be ag- night delivery is no longer available stops delivering mail this fall, it will gressively and well implemented, and for two-thirds of the State of Maine. be a crushing blow to this economy. If the Postal Service will find that it Think about that. Think what it means it stops delivering mail in certain needs to take that extra step. But, for bill paying for those small busi- areas or the mail is very slow, it will surely, our first approach ought to be nesses sending out bills to their cus- also hurt this economy. to implement cuts without hurting tomers. We cannot leave rural America be- service. Think about what it means to elderly hind. The mandate of the Postal Serv- Let me give an example of that from individuals who are receiving prescrip- ice is universal service. That means my own State. In Hampden, ME, it is tion drugs through the mail—very whether a person lives in the far one of the two postal processing cen- common in my State, which is one of reaches of Alaska or at the bottom of ters for the entire State of Maine. The the States with the oldest population the Grand Canyon in Arizona or on an other one is in Scarborough, ME, in in the Nation. A lot of our elderly in island off the coast of Maine; all are southern Maine. The Hampden facility Maine are, particularly in the winter supposed to be able to have access to is absolutely essential for processing months, essentially homebound and the Postal Service. It is one of the mail from the broad reaches of north- they rely on getting those pharma- things that unites us as a country. ern Maine, eastern Maine, and parts of ceuticals through the mail. So if we do So I urge my colleagues to come to- western Maine. away with Saturday delivery, close the gether in good faith and work through

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.051 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2379 what I believe is a very important bill ports a trillion-dollar mailing industry that, losses at the Postal Service con- with a vital mission; that is, to save that creates and sustains millions of tinue to mount. the U.S. Postal Service. private sector jobs—I am told as many Last year, the Postal Service suffered Thank you, Madam President. as 8 million private sector jobs today. an operating loss of more than $5 bil- The PRESIDING OFFICER. The Sen- Unfortunately, a number of those jobs lion. It will see a similar loss this year, ator from Connecticut. are at great risk today. They are at even if it finds some way to avoid mak- Mr. LIEBERMAN. Madam President, risk because those of us in Congress ing the retiree health prefunding pay- I wish to thank my dear friend and col- have, to date, proven unwilling or un- ments due in the coming months. Then league from Maine, not my ranking able to come to consensus around a the losses accelerate to $6.5 billion in member but really sort of cochair part- package of reforms that can update the 2013; to $10 billion in 2014; to more than ner of our committee, for her excellent Postal Service’s network and business $12 billion in 2015; and to more than $15 statement. I share her frustration model to reflect the reality it faces billion alone in 2016. about the procedural moment we are at today—if you will, to right-size the en- But these losses are only theoretical. in the Senate. I hope and I believe this terprise, much as the auto industry has I say that because the Postal Service is is temporary. I believe Senator REID’s right-sized its enterprise in the last 3 close to exhausting its $15 billion line intention is to do exactly what Senator or 4 years. That lack of action on our of credit with the Treasury and by this COLLINS has said she would like to see part comes despite ample warnings time next year will be well on its way happen, which is that we negotiate an about the severity of the problem and to running completely out of cash. If agreement, hopefully—it would have to about the consequences of not appro- that were to occur, the Postal Service’s be adopted by consent, but it would priately and effectively solving that ability to continue operating will be in have to be amendment by amendment, problem. jeopardy. where we would go back and forth and Nearly 2 years ago, former Post- Postmaster General Donahoe has consider amendments from each side of master General Potter announced—I said repeatedly that he and his team the aisle. think with the help of three major con- will do everything they can do to keep I know Senator REID has filled the sulting companies—that the Postal the mail moving even as the Postal tree. It is not as if there are not Service would run up cumulative losses Service’s finances deteriorate. I believe amendments that the Senate Demo- of more than 230 billion extra dollars him. But make no mistake: If the Post- cratic caucus wants to offer to the bill. by 2020 if we did nothing. al Service is not permitted in the very There are. There are several of them. I There are several reasons for these near future to begin making the ad- know there are several on the Repub- losses, including the diversion of first justments needed in response to the lican side. We worked very hard on this class mail to electronic forms of com- likely permanent declines in mail vol- bill, as Senator COLLINS has said. The munication and legislative hurdles ume—especially first class mail—we meetings did seem endless. I would say Congress has imposed on reform ef- have witnessed in recent years, the sometimes they seemed excessively forts. Postal Service will drown in red ink. endless. But, nonetheless, we reached Mr. Potter and his successor Pat The ripple effect of losing the Postal across the aisle and compromised. Donahoe have done a tremendous job, I Service and the still very valuable This is not a perfect piece of work. It believe, in trying to chip away at these services it provides would deliver a is an important subject, so it deserves losses, with the help of their employ- body blow to our economy at the very to be considered, debated, and amend- ees, with the help of several of their time our economy is recovering. ments need to be offered. I am con- unions, with the help of a number of We are on the brink of this impend- fident in saying that is exactly the di- their customers, and I think from time ing disaster in part because we are ex- rection in which the majority leader to time with help from those of us who pecting the Postal Service of 2012 to wants to go, and the sooner the better. serve in the Congress and in the last try and be successful with a business Having said that, and seeing no one administration and the current admin- model created in the 1970s. Let’s re- else on the Senate floor, I suggest the istration. member, in 1970, when I was a naval absence of a quorum. Over the past decade, the Postal flight officer on my first tour in South- The PRESIDING OFFICER. The Service has reduced the size of its post- east Asia, there was no e-mail. There clerk will call the roll. al workforce by roughly a third—not was the mail. The happiest day of the The legislative clerk proceeded to by firing people, not by laying people week was when the mail came—letters, call the roll. off, but through attrition. They have cards, packages, magazines, news- Mr. CARPER. Madam President, I closed scores of mail processing facili- papers, you name it. That was the day ask unanimous consent that the order ties across America with no noticeable of the week to live for. The last time I for the quorum call be rescinded. impact on service. People still drop let- was over in Afghanistan—and Senator The PRESIDING OFFICER. Without ters and packages in the mail, and they LIEBERMAN and Senator COLLINS have objection, it is so ordered. might be delivered the next day or the been there any number of times—the Mr. CARPER. Madam President, we next day or within at least 3 days— last time I was there, they still get are debating this bill today because the pretty amazing when you think about mail, our guys and gals still get mail, Postal Service is facing, as many of us it. The approval rating for Congress is but do you know what they have? They know, a dire financial crisis that lit- not very high, but the customer satis- have Skype, they have telephones, they erally threatens its very survival. This faction of the American people with re- have these little phones like we carry is a crisis that has been building for spect to the Postal Service is still at around. They have the Internet; they some time. It is one that only Congress about 85 percent—pretty good com- have Facebook; they have Twitter. can fix at this point, and one that we pared to how we are doing here in our They have all that stuff. As a result, absolutely must fix now, literally in a Nation’s Capital. they do not use the mail as we did in matter of weeks. The Postal Service has introduced our generation. Since the Postal Service was first es- some new products such as the flat rate Today, Americans live and work on- tablished in 1971 in its current form, we boxes: If it fits, it ships. They have line. We shop and transact more and have taken it for granted that our mail formed productive partnerships with more business online. These trends are would arrive and that important busi- companies such as UPS and FedEx. likely to accelerate. If any of our col- ness and personal correspondence UPS and FedEx do not want to deliver leagues doubt that, then they should would reach its destination. In addi- every package, every parcel to every ask our pages—these pages who are sit- tion, businesses, large and small, have mailbox or address across America. ting right down here—how often they come to rely on the mail to reach new The Postal Service does that 6 days a sit down and write a letter or send a customers and to communicate effec- week. The Postal Service has a nice greeting card. Our colleagues should tively with existing customers. partnership with FedEx and UPS in ask members of their own staff how The Postal Service has a presence in order to make money for the Postal often they pay their bills through the virtually every community of any size Service and to provide good customer mail. We should look at our own mail. in our country, large and small. It sup- service in that partnership. But despite In fact, when I asked my staff to do

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.052 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2380 CONGRESSIONAL RECORD — SENATE April 17, 2012 this, I said: Go back and look at 2001— or near retirement age today to retire That is not an entirely bad idea. We my first year as a Senator—go back now or within the next year or 2, sav- did not know that we were going to and see, if you look at the number of e- ing the Postal Service billions of dol- enter the worst recession since the mails we got then and the number of lars annually. Great Depression in 2008. We did not letters we got then, what was the Let me back up for a moment. If you know we were going to lose 2.5 million ratio? For roughly every 15 letters we go back a decade or so ago, there were jobs in the second half of 2008 and we got in 2001, we got 1 e-mail. I said: Go roughly 900,000 men and women who did not know were going to lose 2.5 mil- back and look at 2011. They did. As it worked for the Postal Service, for us in lion jobs in the first half of 2009, but we turned out, for every 1 letter we re- the Postal Service. Today, there are did. It put us in the tank and it put the ceived last year, we received about a 550,000 people who are employees of the Postal Service in the tank far quicker dozen e-mails. Think of that. Postal Service. Out of that roughly than anybody had a reasonable right to The Federal Government itself is 550,000 people, 125,000 are eligible to re- imagine. even contributing to this trend, and I tire. They are eligible to retire, and But, in retrospect, the payment think in a pretty big way. It was an- they have not chosen to do so, despite schedule put into place back then nounced within the last week or so the fact they are eligible. proved to be too aggressive once the that the Social Security Administra- One of the things the Postmaster bottom fell out of our economy in 2008. tion, starting next year, will send vir- General wants to do—and I believe our Our managers’ amendment scraps the tually all of its 73 million payments— managers, those of us who are cospon- schedule adopted in 2006 and replaces it sors, coauthors of this bill and the I think that is each month—to Social with a more realistic one that is based managers’ amendment, want to do—is Security recipients processed online on what the Postal Service actually to encourage those folks to retire. through direct deposit, not mailed out. owes. And that change, coupled with Eighty percent of the Postal Service’s That is us. some others, including one that would So even as the American people ad- costs are personnel costs. To the extent better coordinate postal retirees’ Medi- just to new communications tech- we can continue to right-size this en- care and Federal employee health ben- nologies, many of us here in Congress terprise, enable it to right-size itself, efits, would cut the Postal Service re- given the market share from 550,000, expect the Postal Service to continue tiree health costs by more than half— 500,000 down to maybe 450,000 in the as if nothing has changed. But in these not ignore them but cut them in half next year or two—an enterprise where changing times, these challenging and put them on a more realistic time 80 percent of the cost is personnel— times, we need to recognize that dif- schedule. that helps get this enterprise back to a Finally, our managers’ amendment ficult choices need to be made. It is not place where it is not bleeding money pushes the Postal Service to redouble efficient or affordable to maintain a every day of every week of every its efforts to innovate, to redouble its mail processing and delivery network month of this year. efforts to develop new products that built for the peak mail volumes of Today the Postal Service will lose— can grow revenue going forward. There years ago. get this—$23 million. Today. And are some who would argue that—let me That said, many of my colleagues today, if you look at the amount of dwell on that for just a moment. have legitimate concerns about the se- money the Postal Service owes to the Frankly, somewhere down the line—I verity and speed of the Postal Service’s Treasury on its line of credit, it is don’t if it will be a year from now or 5 streamlining efforts. To address those roughly $13 billion—maybe more than years from now or 10 years from now— concerns, the managers’ amendment that for the line of credit that only a light will go on in somebody’s head, that Senators LIEBERMAN, COLLINS, goes up to $15 billion. and they will say: You know, the Post- BROWN, and I have put forward includes There is some controversy that al Service goes to every door in Amer- a number of safeguards crafted to en- flowed out of the 2006 legislation signed ica five or six times a week. They are sure that the changes that will occur by former President Bush. He insisted in every community in America. Why in the coming months and years are at the time that in order to sign that did we not think of a particular idea to implemented in responsible ways— legislation, we in the Congress would enable them to create a new source of ways that are consistent with what I have to agree to I think maybe the revenue or new sources of revenue? can describe as the Golden Rule: that most conservative approach to I would like to mention some that we would treat others the way we prefunding retiree health benefits of are actually working. Flat rate boxes— would want to be treated. That in- any government agency or any busi- if it fits, it ships. That is a great prod- cludes customers of the Postal Service, ness with which I have ever been asso- uct. There is the partnership the Post- employees of the Postal Service, and ciated. I used to be treasurer of my al Service has with FedEx and UPS, de- taxpayers of this country. State government, and we began livered by the Postal Service the last We also seek to provide assurances in prefunding health benefits for retirees mile or 2 or 3 or 4 or 5 miles where Fed- our managers’ amendment that those several years ago—actually, right at Ex or UPS does not want go in many who still rely largely on the Postal the end of my second term as Gov- cases. That is a good way to make Service, including rural customers ernor—but nothing like this. We insti- money, especially if more people buy without access to broadband, will con- tuted that requirement in order to get things, order things for themselves, for tinue to have access to the services President Bush to sign on to the bill at their families, for their loved ones over they know and need in the years to a time when the Postal Service was in the Internet and have them shipped. come. good shape. That was a very popular The Postal Service can have a big piece We also take steps in this bill with year, if you will, for the Postal Service, of that business. this managers’ amendment to ensure before the roof fell in and the economy There are other ideas as well. Fed-Ex that this effort to save the Postal Serv- went to heck in a hand basket. But the and UPS get to deliver wine and beer. ice is not all about closing facilities Postal Service was in pretty good The Postal Service does not. We and cutting services. Recognizing that shape, very good shape, so the tax- changed that in this legislation. There questionable policy decisions made payers would not be saddled with those are ideas dealing with electronic mail over the years regarding the Postal obligations in the event the Postal boxes. We will hear more about those Service’s pension and health care obli- Service could not meet them in the in the days to come. Other countries gations are part of the Postal Service’s years to come. with postal services actually have used financial problems, we call for, in this President Bush’s people said: Look, that as a way to provide a good service managers’ amendment, refunding the we will sign this bill. The Postal Serv- for their people and for their busi- more than $10 billion the Postal Serv- ice will not always be making money— nesses, and I think there is maybe an ice has overpaid into the Federal Em- as they were in 2006—and 10 or 15 years argument that we should allow the ployees Retirement System. A portion down the line when they are not doing Postal Service here to do that too. of that refund—that $10 billion to $12 so well, we want to make sure that a Even further down the road and kind billion, whatever it turns out to be— large part of the health care benefits of out there in ideas, as the Presiding would be used to encourage at least for retirees have been satisfied or paid Officer knows in neighboring Pennsyl- some of the 125,000 postal employees at for. vania—they do not have a coastline,

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.055 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2381 but they are close to ours and to New Let me just say—and I am getting try to give us a better idea on how to Jersey—5, 6 years from now, we are fairly close to the end—that I don’t move forward on the post offices. going to have windmill farms off the mean to suggest that what the man- Let me just close with this. There are coast of the United States, the east agers’ amendment—the underlying bill 33,000 post offices in America, in com- coast from North Carolina, Virginia, was reported out of committee by munities across the country. A year or all the way up to Maine. They are about a 9-to-1 vote. The managers’ so ago, the Postal Service—the Post- going to be harvesting the wind, turn- amendment, crafted by Senators LIE- master General met with us and our ing that wind into electricity. Do you BERMAN, COLLINS, BROWN, and myself, committee, and he said: We have 3,700 know what. The wind does not always is not perfect. Very few things associ- of those post offices under review that blow, but there are times that it blows ated with my name have ever been per- we think maybe should be closed— a lot more, and we are going to gen- fect. But I will say this. One of my core 3,700. erate more electricity than we can ac- values—some of you have heard me say There were at the time about 500 tually use on a particular day at a par- this maybe too many times—if it is not mail-processing centers across the ticular hour. What are we going do perfect, make it better. If it is not per- country that the post office had for with that electricity? Well, we are fect, make it better. And we have the processing mail, and he said: We would going to store it. And where are we opportunity to take what we believe is like to close about 300 of them. We going to store it? One of the places to a managers’ amendment which is an would like to change the standards for store it is in the batteries of fleets of improvement over the original bill—we delivery for mail from 1 to 3 days to vehicles. Who has one of the biggest have the opportunity to make it bet- maybe 2 to 3 days. fleets in America? The Postal Service. ter. I do not think in this case, they Some were afraid it was going to slip A lot of the vehicles in their fleet are are not just Republican ideas, they are from 2 to 3, to 2 to 4, even worse. like 25, even 30 years old. We have all not just Democratic ideas, they are not Where we have ended in this man- of these new vehicles coming to the liberal ideas, they are not conservative agers’ amendment—I would say to market that are far more energy effi- ideas, they are just better ideas. And folks, my colleagues who are concerned cient to replace those old and in some my hope is that Members will have the about the impact that will have on cases dilapidated fleet vehicles in the opportunity in the days this week, in their rural post offices or their mail- Postal Service. The new vehicles, with the days to come, to come to this floor processing centers, here is where we their batteries, can literally be a place and to offer their better ideas. have ended. The Postal Service has to receive the electricity generated on I would plead with our colleagues, pretty much backed off and said: We a windy day in the Atlantic, out in the don’t just come to the floor and offer are not that much interested in closing Outer Continental Shelf, to store that amendments that have absolutely 3,700 post offices or 2,700 or 1,700 post electricity and, when needed, put it nothing to do with the Postal Service. offices. back out on the grid, the electric grid, Please come to the floor to offer What they really would like to do is to provide energy as needed across the this, and I think it is a smarter, actu- Northeast and mid-Atlantic part of our amendments that can help make this bill better with respect to ensuring ally more cost-effective approach, Nation. That is an idea that is sort of more humane approach, and that is to out there, but we need to be thinking that we have a Postal Service that is viable and solvent in the 21st century, say to communities across America: boldly, and the Postal Service needs to We have a post office—or maybe the be doing that. that can meet our communications postmaster is making $50,000, $60,000, I think one of the better pieces of our needs for individuals, for families, and amendment—and this came from some for businesses. $70,000 a year and the post office is sell- of the more progressive members of the We are not going through a fire drill ing like $15,000 or $20,000 worth of Democratic Party here in the Senate here; this is an emergency. This is an stamps. Rather than close that post of- and kind of joined up with some of the emergency. It is a huge challenge, but fice, provide that community with a more conservative folks on the Repub- it is also an opportunity to get it right menu of options. The menu of options lican side—but the idea is that the this time and hopefully, with a growing would be to maybe keep the post office Postal Service needs to be more entre- economy, to maybe have a little bit of open; say to the postmaster there who preneurial. They need to be more inno- the wind to our backs. is eligible to retire: We would like to vative. We have to pass a bill. My hope is we incentivize you to retire. Here is a When they come up with good ideas can pass a bill with bipartisan support $25,000 bonus if you will go ahead and for making money, including the idea that is good underlying public policy so retire. You can retire, receive your we talked about at lunch in the caucus that when we end up in 2016, the Postal pension, be eligible for benefits as a we had today—how about vote by mail? Service won’t be running daily losses of postal retiree, and come back and work In two States today—Oregon and Wash- $22 million a day as they are today, on a part-time basis and run that post ington—they vote by mail. And what that the Postal Service will have had office for 2 hours a day, 4 hours a day, does that do to voter turnout? I think an opportunity to use this refund they 6 hours a day, whatever the community we were told by Senator CANTWELL are owed by the Federal Employees Re- feels meets their needs, morning or that in her State last year—2 years ago tirement System—$12 billion—to pay afternoon, midafternoon, evening. And in the election, they had 72-percent down much of their debt, maybe use a that retired postmaster can—that voter turnout. This year they are ex- little bit of that money to help money they collect, they keep. They do pecting 84 percent voter turnout. I incentivize some of the 125,000 Postal not have to reduce their pension. That mean, this is a country in which we are Service employees who are eligible to is just extra money they can make for lucky to have 50 percent of the people retire to go ahead and retire. continuing to provide the service. We who are eligible actually turn out to We can do this in a way—I know a still have the post office there. The flag vote. And we can see what vote by mail bunch of our colleagues are concerned. still flies in front of it. That is one op- can do in those two States. They could We hear it—Senator LIEBERMAN and I, tion. be laboratories of democracy for our Senators COLLINS and BROWN—from our Another option might be, if the folks Nation, encourage voter turnout, colleagues already. They are concerned in the community want it, to put that maybe do it in a more cost-effective about rural post offices. Believe it or post office in a supermarket. One of the way and—get this—provide new sources not, we have some of those in Dela- supermarkets that are close to my of revenue, a great source of revenue ware. We have some of those in Con- house in Delaware—they have a super- for the Postal Service. That is the sort necticut and certainly in Maine, even market, they have a pharmacy, and of thing we need to kind in mind. some in Massachusetts. I think we they have a bank. It turns out that one I don’t think there is any one silver have actually come up with a pretty of our major national chains of phar- bullet, but I like to say there are a lot good approach. And we appreciate very macies, Walgreens—I was up visiting of silver BBs, and some of them are much the input of people such as JON their headquarters, their offices up in pretty big, and those might be among TESTER from Montana and JERRY Chicago—I do not know if Chairman them. There are ideas we have not even MORAN from Kansas, those Senators— LIEBERMAN has been there, but the thought of yet that we ought to do. one a Democrat, one a Republican—to pharmacy of the future—they took me

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.056 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2382 CONGRESSIONAL RECORD — SENATE April 17, 2012 to a couple of them—has a beautiful Delaware who usually rely on the Post- to bring it home—there are some pharmacy. Part of it is a post office. So al Service. amendments on both sides that ought you can see in places across the coun- Nationwide there are 7 million to 8 to be aired out. I believe Senator REID try whether it might make sense to million people whose jobs are inte- wants to do that and wants to create a consolidate the post office in like a grated or part of or facilitated by our process where relevant amendments Walgreens or some other kind of phar- Postal Service—7 to 8 million jobs. We from both sides—not without limit but macy or convenience store. It might are coming out of the worst recession a good number of them—get to be de- make sense to—say you have a small since before I was born—before we were bated on the Senate floor. town and they have like a townhall, born. We need to get out of it. One of It is my understanding that both cau- that kind of thing. How about consoli- the best ways to do that is to provide cuses now are hotlining a request to dating those buildings together with certainty and predictability for a lot of Senate offices that if Senators have an the post office? businesses. One way to do that is to amendment they want to introduce on We have even heard of an idea like pass postal reform legislation that fin- this postal reform bill, to let their re- creating kind of an Internet cafe in ishes the job we started 5, 6 years ago. spective cloakrooms know so that we places where they do not have We can do that. We need to do that. I can see what the universe is and then broadband and see if we can’t have in am encouraged that we will do that. we can see if we can work on an agree- rural post offices—where folks who live I thank the chairman of the com- ment where we alternate submitting in that community, in that area, do mittee, whom I love working with—I amendments and begin to get into the not have broadband access, maybe have think we all do—for giving me a chance substance of the bill and move it to a it at the post office. There are all kinds to work with him on this issue and for point where we can actually adopt of ideas out there. providing the great leadership he al- something. You know, on the mail-processing ways does. Also, I say to SUSAN COL- I yield the floor and suggest the ab- side, instead of closing 500 mail-proc- LINS who has just left the floor, it is a sence of a quorum. essing centers across the country, the real privilege to work with her. The PRESIDING OFFICER. The Postmaster General has come to us. We Finally, we are blessed with wonder- clerk will call the roll. worked to maintain—not to go from 1- ful staffs, wonderful people, as Senator The assistant legislative clerk pro- to 3-day service—from that to a 2- to 3- LIEBERMAN knows, John Kilvington ceeded to call the roll. day service or 2- to 4-day service, but and others who are part of my staff, Mr. BROWN of Ohio. Mr. President, I to maintain kind of like a 1- to 3-day and Michael and the team who are part ask unanimous consent the order for service—1 with an asterisk: The 1-day of Senator LIEBERMAN’s staff, and Kate the quorum call be rescinded. service would be overnight service, who works with Senator COLLINS. They The PRESIDING OFFICER. Without next-day service in communities like if have done great, hard work. We are objection, it is so ordered. they are in the same metropolitan privileged to be able to work with Mr. BROWN of Ohio. Mr. President, I area. them. ask unanimous consent to speak as in They were still getting next-day With that, I yield the floor. morning business for up to 15 minutes. service. Outside of that metropolitan The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without area, they might. But in most cases it ator from Connecticut. objection, it is so ordered. would be 2-day service, and in no case Mr. LIEBERMAN. Mr. President, I WELCOMING JOHN CROWN would it be worse than 3-day service. thank my friend, the Senator from Mr. BROWN of Ohio. Mr. President, I By going to the modified service stand- Delaware, for his excellent statement am joined on the floor today for his ard delivery, the Postal Service would on the bill and where we are in regard first time on the Senate floor with have to close 500 mail processing cen- to the U.S. Postal Service. I thank him John Crown, who works on our vet- ters. It probably would be able to close for what he has done over the last sev- erans affairs issues. He came from the 150 and be able to offer incentives to eral years to try to save the U.S. Post- Veterans Committee and joined our employees to retire and they could mi- al Service in a changing environment staff in the last couple of weeks. John grate to other jobs within the Postal and to lead the change. Crown is a marine, did two tours of Service. But I think it maybe would be No one in the Senate—I believe no duty in Iraq, and we honor him for his a smarter way to move this large, old, one in the Congress—has worked hard- service. He, it seems, wants to dedicate but still germane, relevant Postal er over the last decade to reform the his life to serving people who also Service into the 21st century. U.S. Postal Service than Senator TOM served their country, people of all ages I will close with this: This is not the CARPER. There is a way in which he has and both genders and all ideologies and time to kick the can down the road. I engaged in the kinds of problems that who served their country anytime in have no interest in doing that. I know others try to get far away from. He the last several decades. I wanted to Senator LIEBERMAN and Senator BROWN sees an institution like the U.S. Postal announce his first visit to the Senate and Senator COLLINS have no interest Service and how important it is, he is floor today. in doing that. This is the time to fix challenged by it, and he goes at it with DOOLITTLE TOKYO RAIDERS the problem. I would like to think we all of his considerable capabilities and Mr. President, 70 years ago this are smart enough in the Senate to fix persistence until he gets it right. I can- week, on April 18, 1942, 80 brave Amer- this; that we are smart enough to work not thank him enough for doing that. ican airmen volunteered for an ex- with the House, with our staffs, a lot of This is not the kind of issue on which tremely hazardous mission. The Pre- good people—the folks at the Postal one gains a lot of political advantage. siding Officer, the senior Senator from Service who work there, the unions, Again, it is a test of our government, a Pennsylvania, knows I like to come to the customers, and a lot of people in test of our capacity to maintain public the Senate floor and talk about history businesses all over the country to- services that people depend upon in a and honor people who have played such gether working on this. I think we are changing world. We all know—and he an important role in our history. I smart enough to figure out how to has been a leader—that e-mail is af- want to talk about these men. They solve this. We need to do that. fecting the volume of mail. The post were known as the Doolittle Tokyo Last thought: During the recess I office has to change to stay not only Raiders. They accepted their mission mentioned to my colleagues and the viable but strong. I think we are going without knowing what it entailed. Presiding Officer and Senator LIEBER- to do it in this Congress, and nobody Their mission followed the attack on MAN during our caucus lunch, I said: I will deserve more credit for that than Pearl Harbor. Pearl Harbor happened, don’t know what you guys did over the Senator TOM CARPER. I am glad I had obviously, the December before. It was Easter recess, but I covered Delaware. I the chance to spontaneously offer that our Nation’s first offensive against love to do it. I go back there every much deserved gratitude and praise to Japanese soil in the Second World War, night, but it is a great joy to reconnect Senator CARPER. planned and led by Lt. Col. Jimmy with everybody. I also spent some time I say to my colleagues and staff who Doolittle. on the phone and meeting with folks in may be watching or listening—to pick The mission was risky from the out- businesses in Delaware and outside of up a theme of Senator CARPER and try set. It was the first time the Army Air

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.057 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2383 Corps and Navy collaborated on a tac- The Senate resolution is our humble Governor Romney to lots of people tical mission, flying 16 B–25 Mitchell attempt to show our gratitude. The around the country and lots of conserv- bombers from the deck of the USS Hor- valor, skill, and courage shown by the ative politicians in Washington—said net, a feat never attempted before. The Raiders proved invaluable to the even- we can structure it. But let the compa- morning of the raid, the USS Hornet tual defeat of Japan during the Second nies go into bankruptcy and then let encountered Japanese ships 170 miles World War. Today, these men, with them put the financing together to from the prearranged launch point. their Chinese friends, remind us that come out of bankruptcy. The only Fearing that the mission might be quiet decency and uncommon valor in problem was that nobody—from Bain compromised, the Raiders proceeded to the face of sure danger, however rare, Capital to First National Bank—was launch 170 miles earlier than antici- are traits that know no limit. willing to loan money to these two be- pated. By departing 650 miles from THE AUTO INDUSTRY hemoths, Chrysler and GM, because their intended target, these men ac- Mr. President, the last 2 weeks most they were in such a terrible situation cepted the risk they might not have Members of the Senate were back in and had such terrible problems. enough fuel to make it beyond the Jap- their States talking—I hope listening So what happened? The government anese lines to occupied China. Accept- more than talking and learning more loaned the money. Much of that money ing this choice meant the raiders would than perhaps talking—and learning is paid back and things are better. But almost certainly have to crash land or about issues and problems they were let’s not forget that in January of 2009, bail out, either above Japanese-occu- seeing and hearing in their State. I was when President Obama took office, we pied China or even over the home is- in Ohio, from Ashtabula to Parma to were losing 800,000 jobs a month. Our lands in Japan. Any survivors, they Zanesville, to meet with Ohioans to economy was in freefall, and this was knew, would certainly be subjected to discuss ways to get our economy back the time the auto industry was going imprisonment or torture or death. on track. down. To stop the bleeding, one of the After reaching their targets, 15 of the Too many Ohioans are struggling as things we did was unlock the frozen bombers continued to China while the too many people in Pennsylvania are credit market for small businesses and 16th, dangerously low on fuel, headed struggling. Many are still looking for manufacturers through the Small Busi- to Russia. The total distance traveled work. Others have seen their wages cut ness Administration. Through these by the Raiders averaged 2,250 nautical or their hours reduced, but from Chil- SBA loans, we saw a new local bank miles over 13 hours, making it the licothe to Toledo, from Portsmouth to that had only been around for a hand- longest combat mission ever flown in a Mansfield, there are signs of recovery ful of years in Toledo, OH, step up, in- B–25 bomber during the war. vest capital in American Manufac- Of the 80 Raiders who were launched as our manufacturers, especially auto suppliers, but much more than that, turing, which is in Toledo, and this that day, 8 were captured. Of these company is now about to hire its 100th eight prisoners, three were executed, and some of the small businesses sup- plying these companies, are beginning person. This company is successful now one died of disease, and four of these because of the auto rescue, and it is prisoners returned home after the end to show real signs of growth. Few places are more symbolic of this successful because of the Small Busi- of the war. Of the original 80 Raiders, 5 than a company called American Man- ness Administration coming out of the are still with us today and they are ufacturing, located in Toledo. Three Recovery Act and having enough celebrating this week the 70th anniver- money to guarantee loans not with a sary in Dayton, OH, honoring their fel- years ago the auto industry, as we know, was on the verge of collapse, Wall Street bank but a local commu- low Raiders who are no longer with nity bank to get this company on its them. As they gather this week, I am threatening to take down with it thou- sands of auto parts suppliers. American feet. proud to submit this resolution with Even with all of this we are seeing Manufacturing got down to four em- my colleagues from both parties and that the auto rescue is working, and we ployees. They had had 125. They sup- from each State where these men re- know two terrific examples of how it is side. It is my pleasure to have Senator plied container crates, metal container working in my State. The Chevy Cruze HUTCHISON from Texas, Senator MUR- crates, for the auto industry. It had is assembled in Youngstown, OH. My RAY from Washington State, Senator once been 125, down to 4 employees. 28-year-old daughter drives a Chevy President Bush tried but was ALEXANDER from Tennessee, Senator Cruze. The Chevy Cruze probably would blocked, mostly by Republicans in the TESTER from Montana, and Senator not exist today if it were not for the Senate, his own party members, to do a BAUCUS, also from Montana, and Sen- auto rescue, and here is what it means bridge loan and assistance for the auto ator NELSON as my cosponsors. It is my to Ohio: The engine is made in Defi- sincere privilege especially to have industry. President Obama, with a ance, OH; the bumper is made in North- Senators INOUYE and LAUTENBERG, both strong Democratic majority, over the wood, OH; the transmission is made in veterans of the war, as cosponsors, too. opposition of many Republicans—al- Toledo, OH; the sound system is made As the Raiders gather this week, though some Republicans in my part of in Springboro, OH; the steel comes out these five men will also honor other he- the country, the industrial areas of Middletown, which is in Butler roes—this is what is perhaps even as around Ohio, including Ohio, were sup- County, OH; the aluminum comes out interesting as the first part—the Chi- portive—was able to rescue this indus- of Cleveland, OH; the stamping is done nese citizens who cared for, protected, try. We knew that rescuing the auto in Parma, OH; and the assembly is and enabled them to survive in a for- industry was way more than about done in Lordstown, OH. eign land, a very foreign land to these helping Chrysler and General Motors. Look at the Jeep Wrangler. The Jeep American men. A Chinese delegation is We knew it mattered, not just for those Wrangler was assembled in Toledo coming to Dayton for the reunion. large companies and their workers, it prior to the auto rescue, but only 50 Among the delegation is a man whose mattered for Johnson Controls, it percent of the parts for the Jeep Wran- father helped carry injured Raiders to mattered for Magnam, it mattered for gler were made in the United States. safety and even nursed one Raider to small companies such as American Today there are more people working health. I would be certain they could Manufacturing in Toledo, companies at Wrangler, producing more cars—still not talk to each other in a common that depended on the auto industry. assembled in Ohio—yet instead of 50 language. They had never seen anybody In fact, estimates are that 800,000 percent, 75 percent of the parts now like the other one. Yet one, a Chinese, people in Ohio are in the auto industry come from companies in the United helped this American airman. one way or the other; directly or indi- States made by workers in the United It is only fitting we recognize this rectly they work for auto companies. States. week’s anniversary and commend the 5 Forty-eight of these 800,000-plus jobs What we are now seeing as the auto living members and the 75 deceased were depending on Congress moving industry begins to grow and the auto members of the Doolittle Tokyo Raid- forward in early 2009, doing the right rescue was so clearly the right thing to ers for their heroism on that day. It is thing. The decision was not popular. do—thank God the Senate and the fitting to remember the compassion There were all kinds of naysayers. House didn’t listen to the naysayers. In shown to the Raiders by the Chinese There is no question now that it was a spite of that, we are still seeing huge villagers they encountered. success. A number of people—from trade deficits with China in auto parts.

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.060 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2384 CONGRESSIONAL RECORD — SENATE April 17, 2012 Ten years ago our trade deficit with and someone who is admired by lit- family groups, and helping to literally China and auto parts was a $1 billion. erally thousands if not millions of peo- transform communities with this spe- That meant we bought about $1 billion ple in Texas and around the world. cial Buckner touch. in car parts from China more than we That gentleman is Dr. Kenneth Hall. So it has been said before: To be who sold to China. That was 10 years ago. Next week Dr. Hall will retire after you are and become what you are capa- Today that number has grown to al- almost two decades of leadership at ble of is the only goal worth living. It most $10 billion. Buckner International, which is one of is my hope that Dr. Hall will continue The first President George Bush said the world’s outstanding nonprofit orga- to achieve his goal in this life. We will a $1 billion trade deficit, meaning we nizations formed many years ago in miss him, his selfless service, and his bought $1 billion more than we sold to Texas. Dr. Hall served as only the fifth dedication. We honor him today in the another country, translated to about president in over 120 years. After his Senate for over two decades of service 13,000 jobs. Do the math. Today the bi- retirement as president in 2010, he has to one of the Nation’s best nonprofit lateral trade deficit between the continued to serve as CEO of this fine faith-based organizations. United States and China on auto parts organization. I yield the floor. alone is $10 billion. Buckner, as it is known, is a global The PRESIDING OFFICER. The Sen- We are seeing it in other things. We Christian ministry that does extraor- ator from Rhode Island. see it in auto, we see it in solar, and we dinary work with vulnerable children SURFACE TRANSPORTATION ACT see that China uses unfair subsidies. and families throughout Texas and Mr. WHITEHOUSE. Mr. President, I They subsidize water, they subsidize other places in the United States and am delighted to follow my colleague energy, they subsidize land, they sub- recently expanded internationally. from Louisiana because I am rising sidize credit, and on top of that they They helped run self-sufficiency pro- this evening to talk about a bill she have a currency advantage because grams, community transformation pro- has put an enormous amount of effort they manipulate the currency. grams, education, job readiness train- into, and she has had a very significant Sitting idly by is not an option. My ing, and afterschool programs for vul- role in the success of the bill that I am colleagues on both sides of the aisle un- nerable children. Remarkably, I have going to talk about. We have a bill in derstand that. That is why my China seen their work both in downtown Dal- Congress that is perhaps the most sig- currency manipulation bill—the big- las, TX, as well as out in remote vil- nificant jobs bill that will be able to gest bipartisan bill to pass the Senate lages in Ethiopia, and the quality and pass in this session. It is described as in 2011 by more than 70 votes—costs the expertise is identical and it is heart- producing 2.9 million jobs—nearly 3 taxpayers nothing, but it levels the warming. million jobs. playing field so China cannot manipu- The causes of vulnerable children Rhode Island is a relatively small late its currency and cheat in inter- both here and overseas is something, of State, but it means 9,000 jobs in the national trade. As I said, that legisla- course, that is extremely close to my State of Rhode Island. We have about tion passed with 70 votes. heart. I spent a good bit of time in the 60,000 people out of work right now in A recently released report shows that Senate working with my colleagues on Rhode Island; 9,000 would take a sig- if this Congress—meaning the House of issues that advance their welfare, and nificant number of those folks and en- Representatives down the hall—would it has been my privilege and honor to able them to get to work. pass this and send it to the President’s know Dr. Hall over the past several It is a serious jobs bill. It also went desk, and if the President signs it, that years. through a completely impeccable proc- by addressing the China currency ma- He was born in Louisiana, earned his ess in the Senate. It passed out of the nipulation it could support the cre- BA from the University of Texas at Environment and Public Works Com- ation of 2.2 million American jobs Tyler. He earned a master of divinity mittee with the strong support of our without adding a dime to the deficit. In and doctor of ministry degrees from chairman, BARBARA BOXER, and the fact, it would be the opposite. Southwest Baptist Theological Ceme- equally strong support of her ranking If we take 2 million people who are tery in Fort Worth. member, Senator INHOFE of Oklahoma. now unemployed and put them in man- Before his career started at Buckner, They come from quite different polit- ufacturing jobs making $15, $20, $25 an he served as pastor of four churches in ical persuasions, but they were to- hour, we would clearly see the deficit Texas. He has been married for many gether on this bill and it passed unani- shrink. More people would be back on years and has a beautiful family—his mously out of the Environment and the payroll paying taxes and contrib- wife Linda and their two married chil- Public Works Committee. uting to their communities. dren and their grandchildren. It came to the floor. We had a com- It is time to take bold action. It is I want to say a brief word about pletely open process on the floor. It time to stand up on China currency. I Buckner itself. It was founded over 135 spent 5 weeks on this floor being dis- appreciate the support of my col- years ago when a Baptist minister, cussed, debated, and amended. It was leagues in the Senate on the China cur- R.C. Buckner, started an orphanage quite thoroughly amended. There were rency bill. Time is running out in the with an initial donation of $27. As the more than 40 amendments that were ei- House. I am hopeful the House of Rep- story goes, he literally took off his hat, ther voted on or accepted while it was resentatives passes this bill too. It is put a dollar in it, and passed it around on the floor. So from a process point of time we put American workers and to the ministers present, and with $27 view, it was exactly what everybody American manufacturing companies started the first orphanage west of the hopes for in a piece of legislation. It first. Mississippi to help the children who passed out of the Senate with 74 Sen- I yield the floor, and I suggest the ab- were coming on those orphan trains ators voting for it; a 75th who would sence of a quorum. across our Nation. They took them off have voted for it but had to be away in The PRESIDING OFFICER. The of those trains and gave them homes his home State. So the final tally, in clerk will call the roll. and families. effect, would be 75 to 22—a landslide, The assistant legislative clerk pro- The organization has grown since bipartisan vote; a jobs bill that passed ceeded to call the roll. then, but under Dr. Hall’s leadership with an impeccable legislative process Ms. LANDRIEU. Mr. President, I ask Buckner expanded to include more and produced a landslide bipartisan unanimous consent that the order for than $200 million in capital improve- bill. the quorum call be rescinded. ments and an endowment of more than What is that bill? It is the highway The PRESIDING OFFICER (Mr. BEN- $200 million. As I said, he worked to ex- bill. It is a bill we have been working NET). Without objection, it is so or- pand Buckner’s reach overseas. on now in Congress since the days of dered. I had the pleasure of traveling with the Federal highway system under TRIBUTE TO KENNETH HALL him to Ethiopia recently, and I wit- President Eisenhower. It is not com- Ms. LANDRIEU. Mr. President, I nessed firsthand the incredible work plicated, everybody understands it, and come to the floor today to mark and and his personal passion for helping 3 million jobs depend on its passage. celebrate the career of a Louisiana na- families become more self-sufficient, Unfortunately, it is snarled up, for tive who is a very dear friend of mine maintaining children in their birth reasons that are hard to explain, over

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.061 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2385 in the House of Representatives. The the highway program until June 30, said in my earlier remarks, I met with Speaker has not called up this bipar- don’t buy it. That is not a neutral act. the State director of transportation. I tisan, very well regarded Senate bill. It That is a harmful act. That costs have met with the mayor of our capital has support outside this institution 100,000 jobs just in Rhode Island. So if city, which has a very significant high- from everybody from the U.S. Chamber it is extended further, the problem gets way construction project that needs to of Commerce to the Laborers’ Inter- even worse. We cannot tolerate these get done in that city that would pro- national Union. It has environmental continued extensions. We have to get vide an enormous number of jobs in support. This is a bill that is not being action on a long-term authorization. that city at a time when Rhode Island held up in the House because there is To go back to the Standard & Poor’s still has over 10 percent unemploy- an important interest that was over- report, here is what they said: Once a ment. So we need these jobs. looked or that is an adversary to it. It long-term reauthorization is approved, That project needs to be done. That is being held up for, I don’t know, I we believe it will provide an impetus infrastructure is crumbling. It is a land would say Washington insider reasons for transportation agencies to recon- bridge that goes through the city above having to do with the politics of the sider high-priority projects that had other roads. It is I–95. It is our main ar- House of Representatives. So when been shelved because of lack of fund- tery for the entire Northeast, and it is there are 3 million jobs at stake, that ing. in such poor shape that they have had is a real shame. Those high-priority projects that had to put planks across, between the I- It started to be noticed by, for in- been shelved because of lack of fund- beams that hold up the roadway and stance, the ratings agencies. Standard ing, when they get taken off the shelf the planks are there so that the pieces & Poor’s just published on April 2 a re- and put into the street, that is jobs. of roadway that are falling in don’t port entitled ‘‘Increasingly Unpredict- That is why this is a 3-million jobs bill, land on the cars driving by on the roads underneath. Amtrak, the main able Federal Funding Could Stall U.S. nearly. But they say, if the authoriza- rail artery for the Northeast, goes Transportation Infrastructure tion is extended by even more con- right under the same highway, the Projects.’’ When we stall U.S. transpor- tinuing resolutions, such high-priority same deal. They have the planks up tation infrastructure projects, we kill projects will remain in limbo. overhead to keep the roadway from I intend to come to the floor as often jobs. That is what is happening. falling on the trains below. Here is how they describe it: Cur- as I can. I know there are other col- So this is an urgent matter. It cer- rently, the surface transportation bill leagues who want to come to the floor. tainly involves the road construction remains mired in uncertainty. Holdups We want to come every day. We want industry, but it is everybody who in funding reauthorizations and/or sig- to set up a daily drumbeat of attention wants jobs and economic development nificant cuts in infrastructure pro- to the fact that a 3-million jobs bill is that is around this infrastructure. It is grams are delaying some projects and being held hostage in the House of Rep- the mayors who are concerned about it forcing others to be scaled back. resentatives by the Republican Speak- and, frankly, it is the people who drive Delaying some projects means taking er for political Washington insider rea- over these highways and want to away jobs. Forcing others to be scaled sons that have nothing to do with the know—these roads are 50 years old. It back means taking away jobs. merits. This is a bill that everybody is is time to rebuild. Let’s get on with it. Here is what happened, as they de- for. We will continue to urge the scribe it: With the March 31 expiration This shouldn’t be complicated. Speaker to take up the bipartisan, Ms. LANDRIEU. As the Senator from of the highway trust fund looming, fully paid for, widely supported, very Rhode Island said, he had 9,000 jobs at Congress passed on March 29—last well legislated Senate MAP–21 highway risk in Rhode Island. We have 26,700 minute—yet another extension to fund bill. Three million jobs depend on it. I jobs at risk in Louisiana. This is a very U.S. highway programs. This latest am here to urge the Speaker to please significant deal and challenge for all continuing resolution—the ninth—pro- do his job. our States. vides funding through June 30, 2012. As Ms. LANDRIEU. Mr. President, will We don’t have the trouble of the win- construction season begins in the the Senator yield for a question? ter and the summer but, unfortunately, northern half of the country, this con- Mr. WHITEHOUSE. Gladly. Louisiana does have one of the largest tinuing uncertainty in funding could Ms. LANDRIEU. Did the Senator percentages of bridges that are defi- force States to delay projects rather have an opportunity today—because I cient in the Nation. We also, because than risk funding changes or political had a group from Louisiana in my of- we have to build on such soft and un- gridlock come July. fice on the same subject, and I appre- settling lands, need to have repair That is exactly what is happening in ciate the Senator’s leadership. The money readily available so people can Rhode Island and in many other group was the American Engineering evacuate in times of hurricanes and States. I was home over our recess and Society that was in Washington today. natural disasters. We have been work- met with our very capable director of I don’t know if the Senator had an op- ing—and the Senator may be familiar transportation Michael Lewis, who has portunity to meet with such a group, with the area because he has friends served under Republican and Inde- but have other groups come by the and relatives in our State—on the I–49 pendent administrations. He said: Senator’s office to express, as this south and I–49 north but particularly I– SHELDON, I have a list of all the group did, their utter frustration with 49 south that connects New Orleans to projects we want to get done this sum- Congress’s inability to get such a basic Lafayette in a loop around south Lou- mer, in the summer highway construc- piece of legislation through? Did they isiana, which is America’s energy coast tion season. We can’t build highways in tell the Senator the same thing they that is so important for not only sav- the winter in Rhode Island and in much told me, which is: Senator, when engi- ing those wetlands and that great in- of the country so the work has to be neers are not working in America, no dustry of fisheries but also supporting done in the summer construction sea- one is working. We are the ones who oil and gas production. That highway son. He said: Here is my list if we have are designing the projects to be built. is yet to be built in a nation that de- to live with this extension. If we don’t If we are not designing them, they are pends on the resources we send to the find out until maybe July 4 what kind not going to be built. If we don’t get Senator’s State and to other parts of of money we actually have to build this Transportation bill passed for a the Nation. these projects, he said, I can’t take longer period of time, we will not be So I feel the same as the Senator chances. I have to start dropping going back to work. from Rhode Island. I can’t, for the life projects off my list. Every one of the Is that the Senator’s understanding of me, figure out why the House will projects that falls off his list rep- when he meets with groups in his of- not move with more quick action to resents jobs. Every project that falls fice? pass a longer term bill. Maybe if they off his list is an unemployed Rhode Is- Mr. WHITEHOUSE. Yes, exactly. I can get just anything out of the House, lander. He estimated there would be have met with the Rhode Island road we could get to conference and start 1,000 unemployed Rhode Islanders be- builders who are concerned about negotiating some things that might be cause of this extension to June 30. So where the work is going to be and how better than a 3-month short-term au- when people say: Oh, we have extended much of it is going to get done. As I thorization which I hear nothing but

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.063 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2386 CONGRESSIONAL RECORD — SENATE April 17, 2012 complaints about from everyone. I hear economy, we can’t afford that, and we Temple, as well as attend Evolution complaints from the left, the environ- certainly can’t afford it for internal in- Weekend. In visiting the congregation mental movement, to the right, the sider Washington, DC, reasons. over the years, I have always been im- business community. They say: Sen- I thank the Presiding Officer and I pressed by the rich spiritual life and in- ator, we can’t live with these short- yield the floor and I note the absence tellectual openness exhibited there. term authorizations. We need 2 years. of a quorum. I would like to congratulate Temple The PRESIDING OFFICER. The We need 3 years. We need 5 years. We Sinai for its important role in bringing clerk will call the roll. need something we can build on, count Reform Judaism to northern Nevada The legislative clerk proceeded to on, budget for, and depend on; other- and on its important 50th anniversary. call the roll. wise, it is too expensive. It starts and While I cannot be in Reno to share in stops projects. We have to lay off a Mr. REID. Mr. President, I ask unan- their celebration, I would be remiss if I crew and hire them the next day or we imous consent that the order for the did not offer my words of support. can’t place our orders in an efficient quorum call be rescinded. fashion. The Senator from Rhode Is- The PRESIDING OFFICER. Without land knows we just raise the cost of all objection, it is so ordered. f the projects. So why would the House f TRIBUTE TO JAN GILBERT claim to want to be so fiscally conserv- MORNING BUSINESS ative but act in such a way that is the Mr. REID. Mr. President, I wish to opposite, that is making all these Mr. REID. Mr. President, I ask unan- honor Ms. Jan Gilbert, who has spent projects more expensive? imous consent that the Senate proceed I think the Senator from Rhode Is- to a period of morning business, with more than 30 years dedicated to the ad- land is absolutely correct. I will join Senators allowed to speak for up to 10 vocacy of income equality, human him on the floor, and I hope our col- minutes each. rights, and women’s health. Ms. Gilbert leagues will come to this floor every The PRESIDING OFFICER. Without will be retiring from her current posi- night and say it is time to pass this objection, it is so ordered. tion at the Progressive Leadership Al- liance of Nevada, PLAN, in May and Transportation bill. It is time to help f Colorado, New Mexico, Louisiana, and has been named by the White House as RECOGNIZING RENO’S TEMPLE a Champion of Change. Today, I am Rhode Island to get people back to SINAI work and to fix this crumbling infra- proud to honor her service and leader- structure. Mr. REID. Mr. President, I wish to ship as an advocate for a just and fair Nine is enough. The cat has nine honor Temple Sinai in Reno, NV, which Nevada. lives. This cat has run out of opportu- has stood for 50 years as a place of wor- Jan Gilbert’s work in Nevada began nities. This is the ninth short-term au- ship for the Jewish people of northern in 1982, serving Nevada’s communities thorization. We have to move to a more Nevada. It is comprised of approxi- through the League of Women Voters long-term, sustainable infrastructure mately 120 households who come to- of Nevada as president of the Carson plan for America. This is truly an em- gether to form a strong community City chapter, empowering citizens to barrassment, I have to say to my where the Jewish faith is celebrated. become active participants in their friend. Temple Sinai has been a consistent government. Jan’s commitment to lift- I wish to thank the Senator from presence for Reform Judaism in north- ing communities prompted her to Rhode Island for his leadership, and I ern Nevada, a place where Jewish cofound PLAN, an important organiza- will join him in subsequent evenings on teaching, tradition, and spiritual in- tion that offers a cohesive force for so- the floor to raise this issue and explain quiry is nurtured. cial, environmental, and economic jus- to the American public not the inside The important 50th anniversary, tice in Nevada. Jan spearheaded crit- baseball or the inside politics but to ‘‘Shanah Shel Zahav’’ in Hebrew, or ical reports on civil rights, both in 2009 explain what is the most important Golden Year, is testament to the resil- and 2011; she authored the Legislative thing about this, which is we need the iency of the Temple Sinai congrega- Report Card on Racial Equity: Facing jobs and we need them now. tion. It traces its humble beginnings to Race; and coauthored the 2002 Wider Mr. WHITEHOUSE. Mr. President, I a small group of Reform Jewish resi- Opportunities for Women’s Self Suffi- very much appreciate the tenacity of dents in Reno offering High Holy Day ciency Standard for Nevada. She also the Senator from Louisiana on this services, soon expanding to Sabbath served as the cofounder of Nevada’s subject. It is a characteristic of hers, Services and Bar/Bat Mitzvah training. Empowered Women’s Project, rep- but it is always a good thing to be her Many of these sacred rituals were per- resenting low-income women. teammate and have that tenacity de- formed in the private homes of con- Ms. Gilbert has been instrumental in ployed on this side. I am delighted she gregation members who realized the promoting social justice among Nevad- is here. As Senator LANDRIEU said, she importance of building a sanctuary. It ans as the chair of the Child Abuse Pre- has bridges that are deficient. One in is through their sacrifice and deter- vention, Respite and Family Support five Rhode Island bridges is deemed to mination that this holy place of wor- Subcommittee of the Nevada Depart- be structurally deficient. One in five ship was built. ment of Health and Human Services. highways is in mediocre condition. Temple Sinai has had many homes Everyone who works with Jan is This is work that needs to be done. The since its founding 50 years ago. Ini- touched by her contagious spirit and American Society of Engineers gives tially located in the Virginia City smile. Throughout the years, her noble our infrastructure on average a D rat- Room of the Masonic Temple in down- efforts have been recognized by a num- ing. That is the trouble we are in, and town Reno, the Temple was forced to ber of distinguished awards, including we can’t sort this out. find a new location after a devastating I intend to urge as many of my col- fire. Temple Sinai congregants then the Mike O’Callaghan Humanitarian of leagues as I can to come to the floor, came together to offer the skills and the Year Award, the Hannah Humani- and I hope we get the floor covered by capital necessary to construct a perma- tarian Award, the Public Citizen of the some of our colleagues on a literally nent location. Ground broke in Feb- Year Award, and the Women’s Role daily basis until we get this resolved. ruary 1970, and the Temple has contin- Model Award. We need to point out the places where ued to grow since then, adding class- I am pleased to stand today to recog- jobs are falling off around the country rooms, a social hall, and a library. As nize the indelible mark she has left on because this wasn’t done, where people recently as 2008, Temple Sinai ex- Nevada in making it a more just place are getting laid off around the country panded the available space and updated for all. I congratulate Jan and her fam- because this isn’t getting done. There the Temple for the 21st century. ily on a well-earned retirement. PLAN is a direct link between construction I have personally experienced the is losing a giant, but I am sure her love jobs not getting put on the list, funds welcoming warm hospitality of Temple for service and helping those in need not getting put out for those jobs and Sinai. I was honored to share in a will continue to benefit the Silver folks not getting employed. In this Shabbat dinner with members of the State in new ways.

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.064 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2387 ADDITIONAL STATEMENTS with their Bell Award, the highest That victory set up a championship honor that can be conferred on a non- match with Boston College, the odds- school board member. Throughout her on favorite for the championship. The TRIBUTE TO PIERRON TACKES career Dr. Randall has been a tireless Eagles had outscored their opponents ∑ Mr. HELLER. Mr. President, I wish advocate for South Dakota’s youth. I in three previous tournament games by to congratulate Pierron Tackes for greatly value her advocacy and exper- a combined 12 goals to 1. Again, few being selected as Nevada’s Cherry Blos- tise and she has frequently met with gave Ferris a chance. But there they som Princess for the 2012 Centennial me and my staff over the years, keep- were, in the waning moments of the Cherry Blossom Festival. Ms. Tackes is ing me apprised of the most pressing third period, down by just a goal and an accomplished and ambitious student issues facing South Dakota’s children. battling to tie the game. whose unwavering commitment to the Dr. Randall and her husband Mark The Bulldogs fell just short. Still, it Silver State embodies the very essence Sanderson plan to start a business was a historic season, one that brought of what Nevada’s Cherry Blossom Prin- growing herbs and flowers on their 80- immense joy and considerable pride to cess should be. acre property in Brookings County everyone in Michigan, but especially to Ms. Tackes is an exemplary con- under the name Deer Creek Farms. I Big Rapids and the Ferris State family. stituent, chosen by the Nevada State am pleased to hear that in retirement I hope my colleagues will join me in Society to represent Nevada at the Na- Susan will fulfill this long-held dream. congratulating Coach Daniels, seniors tional Conference of State Society’s Dr. Randall has been a determined Aaron Schmitt, Chad Billins, Derek Cherry Blossom Princess Educational fighter for the health and well-being of Graham, Michael Trebish, Jordie John- and Cultural Exchange Program. Ne- South Dakota’s children. I wish Dr. ston, Brett Wysopal, Tommy Hill and vada is proud to support one of our own Randall all the best in retirement and Taylor Nelson; their teammates, Scott ∑ as she joins young women from across the new business venture. Czarnowczan, Travis White, Jason the Nation in this educational and f Binkley, Cory Kane, Travis Ouellette, leadership forum that celebrates the CONGRATULATING THE FERRIS TJ Schlueter, Nate Milam, Garrett enduring friendship between the United STATE BULLDOGS Thompson, Eric Alexander, Andy Huff, States and Japan. I am proud to recog- Justin Demartino, Matthew Kirzinger, ∑ Mr. LEVIN. Mr. President, we in Justin Buzzeo, Dom Panetta, Simon nize Ms. Tackes for her extensive com- Michigan love hockey, at all levels, munity involvement, educational per- from the Detroit Red Wings of the NHL Denis, Kyle Bonis, CJ Motte and Rob formance, and passion for our home to early mornings spent at local rinks Granett; coaches Drew Famulak, Mark State. watching our kids in youth league Kaufman and Dave Cencer; and Ferris I join the citizens of Nevada in con- games. But even in Michigan, at the State fans everywhere. Thanks to the ∑ gratulating Ms. Tackes on this accom- start of the men’s college hockey sea- Bulldogs for a magical season. plishment and wish her all the best son last winter, few eyes were on Big f during this cultural and educational Rapids, MI, where Coach Bob Daniels event.∑ REMEMBERING MARY PHYLIS was preparing for his 20th season lead- MACK CALLAN f ing the Ferris State Bulldogs. ∑ Mr. TESTER. Mr. President, today I TRIBUTE TO SUSAN RANDALL In a preseason poll, the Bulldogs were ranked ninth in the 11-team Central wish to honor Mary Mack, a veteran of ∑ Mr. JOHNSON of South Dakota. Mr. Collegiate Hockey Association. Ferris World War II. President, today I wish to celebrate State had made it to the NCAA tour- Mary was born in Butte, MT and and honor the service of Dr. Susan nament only once in its history. And graduated from Girls Central High Randall upon her retirement as execu- even in our home State, hockey teams School before attending Sacred Heart tive director of South Dakota Voices from the larger schools tend to get School of Nursing in Spokane, WA. for Children. more attention than the team in Big Sixty-eight years ago, Mary enlisted Dr. Randall’s career began in edu- Rapids. But the players at Ferris, a in the Army as a registered nurse. She cation. She spent 2 years in campus of fewer than 15,000 students in was assigned to the 203rd General Field Centerville, SD, as a high school a town of just over 10,000 residents, Hospital. Her mission was to provide English and speech teacher. Susan con- were determined to let neither history medical support for troops staged in tinued her commitment to young peo- nor expectations get in their way. They England as they prepared for the inva- ple by going on to work in higher edu- just started winning—eight games in a sion of Nazi-occupied Europe in Oper- cation, teaching sociology. She entered row to start the season, in fact, on the ation Overlord on June 6, 1944. One the political realm after a successful way to the CCHA regular season cham- month after the invasion, Mary, along bid for Sioux Falls city commissioner, pionship, two weeks as the No. 1- with the 203rd Field Hospital, crossed a position she held from 1986 to 1988. ranked team in the nation, 23 victories the English Channel and arrived at After her time at city hall, Dr. Randall and a berth in the NCAA tournament. Utah Beach in Normandy, France. worked for Turnabout, a community Despite a phenomenal regular season, From there they traveled on foot past organization serving South Dakota’s few picked the Bulldogs to go far in the scenes of war and destruction to set up underprivileged children and families. NCAA tournament. Experts pointed to a hospital for troops as they continued She furthered her dedication to the the fact that the team had no players on into Europe. After the liberation of youth of South Dakota by volunteering who had been drafted by the profes- Paris in late August 1944, the 203rd es- with South Dakota Voices for Children, sional teams in the National Hockey tablished the largest general hospital using her expertise to help them to se- League, one of only three teams in the in the European Theater of Operations cure grants. In 1999, Dr. Randall be- 16-school field without an NHL draftee. in the French capital. There they came the executive director of the or- Top-rated Boston College, for example, treated over 65,000 patients. ganization. had nine. But by now, exceeding expec- While stationed in Paris, Mary Dr. Randall’s 13-year tenure as execu- tation was nothing new. The Bulldogs achieved the rank of First Lieutenant. tive director of South Dakota Voices defeated the University of Denver, and She later served in Africa and the Mid- for Children has been marked by many then Cornell, each by a single goal, to dle East. victories. She fought tenaciously to re- reach the Frozen Four in Tampa. Mary was honorably discharged from duce teen smoking, with great success; In the national semifinals, Ferris the Army on January 7, 1946. Because initiated a campaign in support of State was locked in a tight match with honors were made known toward the Starting Strong, a prekindergarten Union College. The Bulldogs were be- end of the war, many members of the pilot program for low-income children; hind 1–0 late in the second period when 203rd may not have been aware of their and spearheaded an effort to improve senior Aaron Schmitt scored to tie the eligibility or received their awards. conditions for juvenile offenders. Dr. game, and it remained tied until just After the war, she returned to Mon- Randall was recognized as a champion under five minutes remained in the tana where she committed herself to for South Dakota youth by the Associ- third and final period, when junior raising a family and serving her com- ated School Boards of South Dakota Kyle Bonis scored the go-ahead goal. munity.

VerDate Mar 15 2010 01:54 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.006 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2388 CONGRESSIONAL RECORD — SENATE April 17, 2012 Mary passed away last month on for the environment by flying over following bills, in which it requests the March 15. I had the honor of presenting southern Utah’s canyons, mesas, concurrence of the Senate: Mary’s family with a European-Afri- ridges, and buttes during the citizens H.R. 3001. An act to award a Congressional can-Middle Eastern Campaign Medal wilderness inventory in the late 1980s Gold Medal to Raoul Wallenberg, in recogni- with 3 Bronze Service Stars. This deco- to help document Utah’s wild lands. tion of his achievements and heroic actions ration represents the gratitude of the Life is full of challenges and opportu- during the Holocaust. Nation she served and the wish that nities. Dale taught us all to appreciate H.R. 4040. An act to provide for the award her family continues to share the each and every day and to always of a gold medal on behalf of Congress to Jack ∑ Nicklaus in recognition of his service to the memories of this courageous woman. strive for something higher. He im- Nation in promoting excellence and good f pacted the lives of so many, and I feel sportsmanship in golf. lucky to have known him and to have REMEMBERING DALE JOHNSON f called him a friend.∑ ∑ Mr. UDALL of Colorado. Mr. Presi- f MEASURES REFERRED ON APRIL dent, I would like to honor the life of 16, 2012 an extraordinary Coloradan, Dale L. TRIBUTE TO MRS. GERTRUDE LORIO BEAUFORD The following concurrent resolution Johnson, who passed away at his Boul- was read, and referred as indicated: der home on February 23, 2012. Known ∑ Mr. VITTER. Mr. President, today I as a legendary mountaineer, business- wish to honor Mrs. Gertrude Lorio H. Con. Res. 112. Concurrent resolution es- tablishing the budget for the United States man, writer, environmentalist, and a Beauford on the occasion of her 100th Government for fiscal year 2013 and setting dear friend of mine, Dale taught us all birthday. forth appropriate budgetary levels for fiscal to appreciate life, and to take advan- Born to Wilfrid A. Lorio and Eulalie years 2014 through 2022; to the Committee on tage of life’s opportunities and chal- L. Fischer on May 28, 1912, at Ingleside the Budget. lenges especially those on the moun- Plantation in Lakeland, LA, Mrs. f tain. Beauford is the third oldest of five sib- Infamously, one of Dale’s early lings, two brothers and three sisters. MEASURES REFERRED mountain escapades occurred while he She received her education from St. The following bill was read the first was a freshman at the University of Joseph’s Academy in New Roads and and the second times by unanimous Colorado. Unsatisfied that the Colo- was classmates with former United consent, and referred as indicated: rado School of Mines had an ‘‘M’’ States Congresswoman Lindy Boggs. H.R. 4040. An act to provide for the award painted into a neighboring mountain Mrs. Beauford then went on to St. of a gold medal on behalf of Congress to Jack and that the University of Colorado Mary’s Dominican College and married Nicklaus in recognition of his service to the had no such ‘‘C’’ painted into the childhood friend Leonard M. Beauford Nation in promoting excellence and good neighboring Flatirons, Dale and his in 1935. Mr. Beauford worked for the sportsmanship in golf; to the Committee on roommates sought to change that. United States Army Corps of Engi- Banking, Housing, and Urban Affairs. Under the glow of a full Moon on a neers, and their family moved to 18 cit- f mild December night, Dale and his ies in 9 years before finally settling in MEASURES DISCHARGED friends, equipped with a 4-inch paint New Orleans in 1945. brush and 3 gallons of white paint, ven- They were married for 48 years, and The following concurrent resolutions tured up the Third Flatiron and infa- their family includes 3 children, Ger- were discharged from the Committee mously painted a giant white ‘‘C’’ into trude, Wilfrid, and Kathleen, and 1 on the Budget, pursuant to section 300 the ridge. While classmates celebrated grandchild, Judith. Sharing a fondness of the Congressional Budget Act, and the prank, the local authorities did not for traveling, Mr. and Mrs. Beauford placed on the calendar: find the act amusing. Ultimately, the visited countries across the world in- S. Con. Res. 37. Concurrent resolution set- matter was resolved, but the story has cluding Japan, Canada, and many more ting forth the congressional budget for the never grown old. across Europe. In fact, they even trav- United States Government for fiscal year For those of us fortunate enough to 2013, and setting forth the appropriate budg- eled south to Antarctica and also went etary levels for fiscal years 2014 through 2022. have known Dale, we know how pas- north and crossed the Arctic Circle. S. Con. Res. 41. Concurrent resolution set- sionate he was about climbing. In fact, Mrs. Beauford has been an active ting forth the President’s budget request for passionate would be an understate- member of the Louisiana Lions Club, the United States Government for fiscal year ment. Dale pioneered seven first as- the Jefferson Lions Club, Children’s 2013, and setting forth the appropriate budg- cents, including the Redgarden Wall in Hospital, the League of Women Voters, etary levels for fiscal years 2014 through 2022. Eldorado Canyon, the Second Buttress the Parent-Teacher Association, and f of the North Face of Hallett’s Peak, the American Association of Univer- and the South Face of the Matron. sity Women. She is also an active EXECUTIVE AND OTHER While these achievements would suf- member of St. Agnes Catholic Church COMMUNICATIONS fice for your typical climber, Dale and committed 18 years of her life to The following communications were wasn’t satisfied. Through his life, Dale educating young people at McDonough laid before the Senate, together with climbed peaks in New Zealand, Peru, #7 where she taught 5th grade. accompanying papers, reports, and doc- Nepal, East Africa, Japan, Italy, and Five generations later, Ingleside uments, and were referred as indicated: Switzerland. As if his worldly travel Plantation is still owned and operated EC–5583. A communication from the Under and climbing achievements were not by the Lorio family where sugarcane, Secretary of Defense (Comptroller), trans- enough, Dale famously climbed the soybeans, and wheat continue to be mitting, pursuant to law, a report relative to Third Flatiron in Boulder, CO in roller grown. Those closest to her know Mrs. a violation of the Antideficiency Act that oc- skates. Beauford simply as ‘‘Gertie,’’ and she’s curred within account 21 2020 Operation and After summiting peaks throughout Maintenance, Army (OMA), during fiscal attributed her long life to keeping year 2010 and was assigned Army case num- Colorado and the world, Dale honed in busy. ber 11–03; to the Committee on Appropria- on his inner businessman, inventing I am proud to honor such an extraor- tions. Frostline Kits for climbers. With first- dinary member of our community on EC–5584. A communication from the Under hand knowledge of the gear and cloth- her 100th birthday and wish Mrs. Secretary of Defense (Comptroller), trans- ing needs of climbers, Dale developed Beauford many more joyous days, mitting, pursuant to law, a report relative to innovative equipment that was dura- months, and years to come.∑ a violation of the Antideficiency Act that oc- curred within the fiscal year 2008 and fiscal ble, lightweight, and dependable. The f kits were an instant success and deliv- year 2009 Operation and Maintenance Army MESSAGE FROM THE HOUSE Reserve, account 21*2080 and was assigned ered a product that was previously un- Army case number 11–02; to the Committee available to climbers in retail stores. At 12:33 p.m., a message from the on Appropriations. Throughout his life, Dale also devel- House of Representatives, delivered by EC–5585. A communication from the Under oped an appreciation for flying. He cou- Mrs. Cole, one of its reading clerks, an- Secretary of Defense (Comptroller), trans- pled his interest in flight with his love nounced that the House has passed the mitting, pursuant to law, a report relative to

VerDate Mar 15 2010 02:18 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G17AP6.014 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2389 a violation of the Antideficiency Act that oc- EC–5594. A communication from the Acting fairs), transmitting legislative proposals and curred within the Research, Development, Under Secretary of Defense (Personnel and accompanying reports relative to the Na- Test, and Evaluation Account and the Iraq Readiness), transmitting a report on the ap- tional Defense Authorization Act for Fiscal Freedom Fund account during fiscal years proved retirement of Vice Admiral Paul S. Year 2013; to the Committee on Armed Serv- 2006 and 2007 and was assigned Joint Impro- Stanley, United States Navy, and his ad- ices. vised Explosive Device Defeat Organization vancement to the grade of vice admiral on EC–5607. A communication from the Presi- case number 09–01; to the Committee on Ap- the retired list; to the Committee on Armed dent of the United States, transmitting, pur- propriations. Services. suant to law, a notice of the continuation of EC–5586. A communication from the Under EC–5595. A communication from the Acting the national emergency with respect to So- Secretary of Defense (Comptroller), trans- Under Secretary of Defense (Personnel and malia that was declared in Executive Order mitting, pursuant to law, a report relative to Readiness), transmitting the report of three 13536 of April 12, 2010; to the Committee on a violation of the Antideficiency Act that oc- (3) officers authorized to wear the insignia of Banking, Housing, and Urban Affairs. curred within the Operations and Mainte- the grade of brigadier general in accordance EC–5608. A communication from the Chair- nance, Army, account 2020 during fiscal year with title 10, United States Code, section 777; man and President of the Export-Import 2010 and was assigned Army case number 11– to the Committee on Armed Services. Bank, transmitting, pursuant to law, a re- 09; to the Committee on Appropriations. EC–5596. A communication from the Sec- port relative to transactions involving U.S. EC–5587. A communication from the Direc- retary of the Army, transmitting, pursuant exports to Australia; to the Committee on tor of the Regulatory Review Group, Com- to law, a report relative to the Joint Land Banking, Housing, and Urban Affairs. modity Credit Corporation, Department of Attack Cruise Missile Defense Elevated Net- EC–5609. A communication from the Chair- Agriculture, transmitting, pursuant to law, ted Sensor System program exceeding the man and President of the Export-Import the report of a rule entitled ‘‘Upland Cotton statutory critical growth threshold; to the Bank, transmitting, pursuant to law, a re- Base Quality’’ (RIN0560–AI16) received during Committee on Armed Services. port relative to transactions involving U.S. adjournment of the Senate in the Office of EC–5597. A communication from the Sec- exports to Brazil, Japan, and Panama; to the the President of the Senate on April 10, 2012; retary of the Air Force, transmitting, pursu- Committee on Banking, Housing, and Urban to the Committee on Agriculture, Nutrition, ant to law, a report relative to the Program Affairs. and Forestry. Acquisition Unit Cost and the Average Pro- EC–5610. A communication from the Chair- EC–5588. A communication from the Direc- curement Unit Cost for the C–130 AMP pro- man and President of the Export-Import tor of the Regulatory Review Group, Com- gram exceeding the Acquisition Program Bank, transmitting, pursuant to law, a re- modity Credit Corporation, Department of Baseline values; to the Committee on Armed port relative to transactions involving U.S. Agriculture, transmitting, pursuant to law, Services. exports to Brazil and Canada; to the Com- the report of a rule entitled ‘‘Swap Dealer EC–5598. A communication from the Dep- mittee on Banking, Housing, and Urban Af- uty Chief Management Officer, Department and Major Swap Participant Recordkeeping, fairs. of Defense, transmitting, pursuant to law, a Reporting, and Duties Rules; Futures Com- EC–5611. A communication from the Chair- report relative to the establishment of the mission Merchant and Introducing Broker man and President of the Export-Import Investment Review Board and Investment Conflicts of Interest Rules; and Chief Com- Bank, transmitting, pursuant to law, a re- Management process for Covered Defense pliance Officer Rules for Swap Dealers, port relative to transactions involving U.S. Business Systems; to the Committee on Major Swap Participants, and Futures Com- exports to Russia; to the Committee on Armed Services. Banking, Housing, and Urban Affairs. mission Merchants’’ (RIN3038–AC96) received EC–5599. A communication from the Acting EC–5612. A communication from the Chair- during adjournment of the Senate in the Of- Under Secretary of Defense (Personnel and man and President of the Export-Import fice of the President of the Senate on April Readiness), Department of Defense, trans- Bank, transmitting, pursuant to law, a re- 3, 2012; to the Committee on Agriculture, Nu- mitting, pursuant to law, a report relative to port relative to transactions involving U.S. trition, and Forestry. a pilot program to provide a skill proficiency exports to various foreign buyers; to the EC–5589. A communication from the Direc- bonus to members of a Reserve component Committee on Banking, Housing, and Urban tor of the Regulatory Management Division, participating in critical foreign language or Environmental Protection Agency, transmit- cultural studies; to the Committee on Armed Affairs. EC–5613. A communication from the Assist- ting, pursuant to law, the report of a rule en- Services. titled ‘‘Acibenzolar-S-methyl; Pesticide Tol- EC–5600. A communication from the Acting ant Secretary, Department of the Treasury, erances’’ (FRL No. 9343–3) received during Under Secretary of Defense (Personnel and transmitting, pursuant to law, a report rel- adjournment of the Senate in the Office of Readiness), transmitting, pursuant to law, ative to the acquisition of articles, mate- the President of the Senate on April 4, 2012; the annual report of the National Security rials, and supplies manufactured outside of to the Committee on Agriculture, Nutrition, Education Program for fiscal year 2011; to the United States; to the Committee on and Forestry. the Committee on Armed Services. Banking, Housing, and Urban Affairs. EC–5590. A communication from the Direc- EC–5601. A communication from the Acting EC–5614. A communication from the Execu- tor of the Regulatory Management Division, Under Secretary of Defense (Acquisition, tive Director of the Office of Minority and Environmental Protection Agency, transmit- Technology, Logistics), transmitting, pursu- Women Inclusion, Office of the Comptroller ting, pursuant to law, the report of a rule en- ant to law, a report relative to the Strategic of the Currency, Administrator of National titled ‘‘2-Ethyl-1-hexanol; Exemption from Materials Protection Board and rare earth Banks, transmitting, pursuant to law, a re- the Requirement of a Tolerance’’ (FRL No. elements; to the Committee on Armed Serv- port entitled ‘‘Office of Minority and Women 9342–5) received during adjournment of the ices. Inclusion Section 342 Annual Report to Con- Senate in the Office of the President of the EC–5602. A communication from the Assist- gress March 2012’’; to the Committee on Senate on April 4, 2012; to the Committee on ant Secretary of Defense (Global Strategic Banking, Housing, and Urban Affairs. Agriculture, Nutrition, and Forestry. Affairs), transmitting, pursuant to law, the EC–5615. A communication from the Sec- EC–5591. A communication from the Assist- Cooperative Threat Reduction annual report retary, Division of Corporation Finance, Se- ant Secretary of Defense (Global Strategic for fiscal year 2013; to the Committee on curities and Exchange Commission, trans- Affairs), transmitting, pursuant to law, a re- Armed Services. mitting, pursuant to law, the report of a rule port relative to the obligation and expendi- EC–5603. A communication from the Under entitled ‘‘Exemptions for Security-Based ture of funds for the implementation of Co- Secretary of Defense (Personnel and Readi- Swaps Issued by Certain Clearing Agencies’’ operative Threat Reduction (CTR) program ness), transmitting, pursuant to law, the 2011 (RIN3235–AL16) received during adjournment activities (DCN OSS–2012–0462); to the Com- Accreditation Report for the Armed Forces of the Senate in the Office of the President mittee on Armed Services. Retirement Homes in Washington, DC and of the Senate on April 2, 2012; to the Com- EC–5592. A communication from the Assist- Gulfport, MS; to the Committee on Armed mittee on Banking, Housing, and Urban Af- ant Secretary, Bureau of Political-Military Services. fairs. Affairs, Department of State, transmitting, EC–5604. A communication from the Assist- EC–5616. A communication from the Chief pursuant to law, an addendum to a certifi- ant Secretary, Bureau of Legislative Affairs, Counsel, Federal Emergency Management cation, transmittal number: DDTC 11–145, of Department of State, transmitting, pursuant Agency, Department of Homeland Security, the proposed sale or export of defense arti- to law, a report entitled ‘‘Iran-Related Mul- transmitting, pursuant to law, the report of cles and/or defense services to a Middle East tilateral Sanctions Regime Efforts’’ covering a rule entitled ‘‘Suspension of Community country regarding any possible affects such a the period August 17, 2011 to February 16, Eligibility’’ ((44 CFR Part 64) (Docket No. sale might have relating to Israel’s Quali- 2012; to the Committee on Armed Services. FEMA–2012–0003)) received during adjourn- tative Military Edge over military threats to EC–5605. A communication from the Assist- ment of the Senate in the Office of the Presi- Israel; to the Committee on Armed Services. ant Secretary of Defense (Legislative Af- dent of the Senate on April 9, 2012; to the EC–5593. A communication from the Acting fairs), transmitting legislative proposals and Committee on Banking, Housing, and Urban Under Secretary of Defense (Personnel and accompanying reports relative to the Na- Affairs. Readiness), transmitting the report of two tional Defense Authorization Act for Fiscal EC–5617. A communication from the Assist- (2) officers authorized to wear the insignia of Year 2013; to the Committee on Armed Serv- ant Secretary of Land and Minerals Manage- the grade of major general in accordance ices. ment, Bureau of Safety and Environmental with title 10, United States Code, section 777; EC–5606. A communication from the Assist- Enforcement, Department of the Interior, to the Committee on Armed Services. ant Secretary of Defense (Legislative Af- transmitting, pursuant to law, the report of

VerDate Mar 15 2010 02:18 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.036 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2390 CONGRESSIONAL RECORD — SENATE April 17, 2012 a rule entitled ‘‘Production Measurement latory Commission, transmitting, pursuant the Office of the President of the Senate on Documents Incorporated by Reference’’ to law, the report of a rule entitled ‘‘Water March 30, 2012; to the Committee on Finance. (RIN1014–AA01) received during adjournment Sources for Long-Term Recirculation Cool- EC–5635. A communication from the Regu- of the Senate in the Office of the President ing Following a Loss-of-Coolant Accident’’ lations Coordinator, Centers for Medicare of the Senate on April 3, 2012; to the Com- (Regulatory Guide 1.82, Revision 4) received and Medicaid Services, Department of mittee on Energy and Natural Resources. in the Office of the President of the Senate Health and Human Services, transmitting, EC–5618. A communication from the Gen- on March 29, 2012; to the Committee on Envi- pursuant to law, the report of a rule entitled eral Counsel, Federal Energy Regulatory ronment and Public Works. ‘‘Medicaid Program; Changes to the Medi- Commission, transmitting, pursuant to law, EC–5626. A communication from the Assist- care Advantage and the Medicare Prescrip- the report of a rule entitled ‘‘Electric Reli- ant Secretary of the Army (Civil Works), tion Drug Benefit Programs for Contract ability Organization Proposal for Protection transmitting, pursuant to law, a report rel- Year 2013 and Other Changes’’ (RIN0938– and Control Reliability Standard’’ (Docket ative to the Fargo-Moorhead Metropolitan AQ86) received during adjournment of the No. RM11–16–000) received during adjourn- Area, North Dakota and Minnesota flood Senate in the Office of the President of the ment of the Senate in the Office of the Presi- risk management project; to the Committee Senate on April 3, 2012; to the Committee on dent of the Senate on April 3, 2012; to the on Environment and Public Works. Finance. Committee on Energy and Natural Re- EC–5627. A communication from the Direc- EC–5636. A communication from the In- sources. tor of Government Relations, Tennessee Val- spector General, Department of Health and EC–5619. A communication from the Direc- ley Authority, transmitting, pursuant to Human Services, transmitting, pursuant to tor of the Regulatory Management Division, law, the Authority’s Statistical Summary law, a report entitled ‘‘Office of Inspector Environmental Protection Agency, transmit- for fiscal year 2011; to the Committee on En- General Medicaid Integrity Program Report ting, pursuant to law, the report of a rule en- vironment and Public Works. for Fiscal Year 2011’’; to the Committee on titled ‘‘Approval and Promulgation of Air EC–5628. A communication from the Senior Finance. Quality Implementation Plans; Colorado; Advisor for Regulations, Office of Regula- EC–5637. A communication from the Assist- Revisions to New Source Review Rules’’ tions, Social Security Administration, trans- ant Secretary, Bureau of Legislative Affairs, (FRL No. 9616–7) received during adjourn- mitting, pursuant to law, the report of a rule Department of State, transmitting, pursuant ment of the Senate in the Office of the Presi- entitled ‘‘Removal of Regulations on Black to law, a report relative to U.S. support for dent of the Senate on April 4, 2012; to the Lung Benefits’’ (RIN0960–AH48) received dur- Taiwan’s participation as an observer at the Committee on Environment and Public ing adjournment of the Senate in the Office 65th World Health Assembly and in the work Works. of the President of the Senate on March 30, of the World Health Organization; to the EC–5620. A communication from the Direc- 2012; to the Committee on Finance. Committee on Foreign Relations. tor of the Regulatory Management Division, EC–5629. A communication from the Fed- EC–5638. A communication from the Assist- Environmental Protection Agency, transmit- eral Register Liaison Officer, Alcohol and ant Secretary, Bureau of Legislative Affairs, ting, pursuant to law, the report of a rule en- Tobacco Tax and Trade Bureau, Department Department of State, transmitting, pursuant titled ‘‘Approval and Promulgation of Air of the Treasury, transmitting, pursuant to to law, the report of a rule entitled ‘‘Sched- Quality Implementation Plans; Colorado; law, the report of a rule entitled ‘‘Labeling ule of Fees for Consular Services, Depart- Procedural Rules; Conflicts of Interest’’ Imported Wines with Multistate Appella- ment of State and Overseas Embassies and (FRL No. 9640–3) received during adjourn- tions’’ (RIN1513–AB58) received during ad- Consulates’’ (RIN1400–AD06) received during ment of the Senate in the Office of the Presi- journment of the Senate in the Office of the adjournment of the Senate in the Office of dent of the Senate on April 4, 2012; to the President of the Senate on April 9, 2012; to the President of the Senate on April 3, 2012; Committee on Environment and Public the Committee on Finance. to the Committee on Foreign Relations. Works. EC–5630. A communication from the Chief EC–5639. A communication from the Assist- EC–5621. A communication from the Direc- of the Trade and Commercial Regulations ant Secretary, Bureau of Legislative Affairs, tor of the Regulatory Management Division, Branch, Customs and Border Protection, De- Department of State, transmitting, pursuant Environmental Protection Agency, transmit- partment of Homeland Security, transmit- to law, a report relative to the International ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Labor Organization Recommendation con- titled ‘‘Approval and Promulgation of Air titled ‘‘Technical Corrections to Customs cerning HIV and AIDS and the World of Quality Implementation Plans; Illinois; Lei- and Border Protection Regulations: Peti- Work (No. 200), adopted by the 99th session of sure Properties LLC/D/B/A Crownline Boats; tions for Relief’’ (CBP Dec. 1–07) received in the International Labor Conference at Gene- Adjusted Standard’’ (FRL No. 9648–6) re- the Office of the President of the Senate on va; to the Committee on Foreign Relations. ceived during adjournment of the Senate in March 28, 2012; to the Committee on Finance. EC–5640. A communication from the Assist- the Office of the President of the Senate on EC–5631. A communication from the Chief ant Secretary, Bureau of Legislative Affairs, April 4, 2012; to the Committee on Environ- of the Publications and Regulations Branch, Department of State, transmitting, pursuant ment and Public Works. Internal Revenue Service, Department of the to the Arms Export Control Act, the certifi- EC–5622. A communication from the Direc- Treasury, transmitting, pursuant to law, the cation of a proposed technical assistance tor of the Regulatory Management Division, report of a rule entitled ‘‘Announcement and agreement to include the export of defense Environmental Protection Agency, transmit- Report Concerning Advance Pricing Agree- articles, including, technical data, and de- ting, pursuant to law, the report of a rule en- ments’’ (Announcement 2012–13) received fense services to Jordan for the delivery and titled ‘‘Significant New Use Rules on Certain during adjournment of the Senate in the Of- support of two CN–235–100 aircraft modified Chemical Substances’’ (FRL No. 9333–3) re- fice of the President of the Senate on April for armed surveillance/light gunship capa- ceived during adjournment of the Senate in 3, 2012; to the Committee on Finance. bilities for end use by the Jordanian Armed the Office of the President of the Senate on EC–5632. A communication from the Chief Forces in the amount of $50,000,000 or more; April 4, 2012; to the Committee on Environ- of the Publications and Regulations Branch, to the Committee on Foreign Relations. ment and Public Works. Internal Revenue Service, Department of the EC–5641. A communication from the Pre- EC–5623. A communication from the Direc- Treasury, transmitting, pursuant to law, the siding Governor, Broadcasting Board of Gov- tor of Congressional Affairs, Office of Nu- report of a rule entitled ‘‘Fractional Aircraft ernors, transmitting, pursuant to law, a re- clear Regulatory Research, Nuclear Regu- Ownership Programs Fuel Surtax’’ (Notice port relative to U.S.-funded international latory Commission, transmitting, pursuant 2012–27) received during adjournment of the broadcasting efforts in Iran; to the Com- to law, the report of a rule entitled ‘‘Avail- Senate in the Office of the President of the mittee on Foreign Relations. ability of Electric Power Sources’’ (Regu- Senate on April 3, 2012; to the Committee on EC–5642. A communication from the Direc- latory Guide 1.93, Revision 1) received in the Finance. tor of Regulations and Policy Management Office of the President of the Senate on EC–5633. A communication from the Chief Staff, Food and Drug Administration, De- March 29, 2012; to the Committee on Environ- of the Publications and Regulations Branch, partment of Health and Human Services, ment and Public Works. Internal Revenue Service, Department of the transmitting, pursuant to law, the report of EC–5624. A communication from the Direc- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Medical Devices; Immu- tor of Congressional Affairs, Office of Nu- report of a rule entitled ‘‘Fringe Benefits nology and Microbiology Devices; Classifica- clear Regulatory Research, Nuclear Regu- Aircraft Valuation Formula’’ (Announce- tion of Norovirus Serological Reagents’’ latory Commission, transmitting, pursuant ment 2012–10) received during adjournment of (Docket No. FDA–2012–N–0165) received dur- to law, the report of a rule entitled ‘‘Admin- the Senate in the Office of the President of ing adjournment of the Senate in the Office istrative Guide for Verifying Compliance the Senate on April 3, 2012; to the Committee of the President of the Senate on April 5, with Packaging Requirements for Shipping on Finance. 2012; to the Committee on Health, Education, and Receiving of Radioactive Material’’ EC–5634. A communication from the Chief Labor, and Pensions. (Regulatory Guide 7.7, Revision 1) received in of the Publications and Regulations Branch, EC–5643. A communication from the Direc- the Office of the President of the Senate on Internal Revenue Service, Department of the tor of Regulations and Policy Management March 29, 2012; to the Committee on Environ- Treasury, transmitting, pursuant to law, the Staff, Food and Drug Administration, De- ment and Public Works. report of a rule entitled ‘‘Modification of No- partment of Health and Human Services, EC–5625. A communication from the Direc- tice 2008–40; Deduction for Energy Efficient transmitting, pursuant to law, the report of tor of Congressional Affairs, Office of Nu- Commercial Buildings’’ (Notice 2012–26) re- a rule entitled ‘‘Current Good Manufacturing clear Regulatory Research, Nuclear Regu- ceived during adjournment of the Senate in Practice in Manufacturing, Processing,

VerDate Mar 15 2010 02:18 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.038 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2391 Packing, or Holding of Drugs; Revision of ployee Antidiscrimination and Retaliation EC–5665. A communication from the Assist- Certain Labeling Controls’’ (Docket No. Act of 2002; to the Committee on Homeland ant Secretary of Defense (Global Strategic FDA–1997–N–0518) received in the Office of Security and Governmental Affairs. Affairs), transmitting, pursuant to law, a re- the President of the Senate on March 29, EC–5654. A communication from the Diver- port relative to the Proliferation Security 2012; to the Committee on Health, Education, sity and Inclusion Programs Director, Board Initiative budget plan and review for fiscal Labor, and Pensions. of Governors of the Federal Reserve System, years 2013–2015; to the Committee on Home- EC–5644. A communication from the Direc- transmitting, pursuant to law, the Board’s land Security and Governmental Affairs. tor of Regulations and Policy Management fiscal year 2011 annual report relative to the EC–5666. A communication from the Fed- Staff, Food and Drug Administration, De- Notification and Federal Employee Anti- eral Register Liaison Officer, Alcohol and partment of Health and Human Services, discrimination and Retaliation Act of 2002; Tobacco Tax and Trade Bureau, Department transmitting, pursuant to law, the report of to the Committee on Homeland Security and of the Treasury, transmitting, pursuant to a rule entitled ‘‘Medical Devices; Cardio- Governmental Affairs. law, the report of a rule entitled ‘‘Establish- vascular Devices; Classification of the EC–5655. A communication from the Sec- ment of the Wisconsin Ledge Viticultural Endovascular Suturing System’’ (Docket No. retary of the Federal Trade Commission, Area’’ (RIN1513–AB82) received during ad- FDA–2012–N–0091) received during adjourn- transmitting, pursuant to law, the Commis- journment of the Senate in the Office of the ment of the Senate in the Office of the Presi- sion’s fiscal year 2011 annual report relative President of the Senate on April 9, 2012; to dent of the Senate on April 5, 2012; to the to the Notification and Federal Employee the Committee on the Judiciary. Committee on Health, Education, Labor, and Antidiscrimination and Retaliation Act of EC–5667. A communication from the Assist- Pensions. 2002; to the Committee on Homeland Secu- ant Attorney General, Office of Legislative EC–5645. A communication from the Chair- rity and Governmental Affairs. Affairs, Department of Justice, transmit- man of the National Healthcare Workforce EC–5656. A communication from the Direc- ting, pursuant to law, the Department’s 2011 Commission, transmitting, a report relative tor of Communications and Legislative Af- Freedom of Information Act Litigation and to the status of the Commission; to the Com- fairs, Equal Employment Opportunity Com- Compliance Report; to the Committee on the mittee on Health, Education, Labor, and mission, transmitting, pursuant to law, a re- Judiciary. Pensions. port entitled ‘‘Annual Report on the Federal EC–5668. A communication from the Dep- EC–5646. A communication from the Sec- Work Force’’ for fiscal year 2010; to the Com- uty General Counsel, Office of the General retary of Health and Human Services, trans- mittee on Homeland Security and Govern- Counsel, Small Business Administration, mitting, pursuant to law, a report entitled mental Affairs. transmitting, pursuant to law, the report of ‘‘State High Risk Pool Grant Program for EC–5657. A communication from the Gen- a rule entitled ‘‘Small Business Jobs Act: Federal Fiscal Year 2010’’; to the Committee eral Counsel, Government Accountability Of- Implementation of Conforming and Tech- on Health, Education, Labor, and Pensions. fice, transmitting, pursuant to law, the Of- nical Amendments’’ (RIN3245–AG15) received EC–5647. A communication from the Om- fice’s fiscal year 2011 annual report relative during adjournment of the Senate in the Of- budsman, Energy Employees Compensation to the Notification and Federal Employee fice of the President of the Senate on April Program, Department of Labor, transmit- Antidiscrimination and Retaliation Act of 10, 2012; to the Committee on Small Business ting, pursuant to law, a report relative to 2002; to the Committee on Homeland Secu- and Entrepreneurship. EC–5669. A communication from the Dep- the Energy Employees Occupational Illness rity and Governmental Affairs. uty General Counsel, Office of Size Stand- Compensation Program; to the Committee EC–5658. A communication from the Assist- ards, Small Business Administration, trans- on Health, Education, Labor, and Pensions. ant Secretary, Office of Legislative Affairs, mitting, pursuant to law, the report of a rule EC–5648. A communication from the Dep- Department of State, transmitting, pursuant entitled ‘‘Small Business Size Standards: uty Director for Policy, Legislative and Reg- to law, a report relative to the Proliferation Professional, Technical, and Scientific Serv- ulatory Department, Pension Benefit Guar- Security Initiative; to the Committee on ices’’ (RIN3245–AG07) received during ad- anty Corporation, transmitting, pursuant to Homeland Security and Governmental Af- journment of the Senate in the Office of the law, the report of a rule entitled ‘‘Allocation fairs. President of the Senate on April 10, 2012; to of Assets in Single-Employer Plans; Benefits EC–5659. A communication from the Chief the Committee on Small Business and Entre- Payable in Terminated Single-Employer Judge, Superior Court of the District of Co- preneurship. Plans; Interest Assumptions for Valuing and lumbia, transmitting, pursuant to law, a re- EC–5670. A communication from the Acting Paying Benefits’’ (29 CFR Parts 4022 and 4044) port relative to activities carried out by the Assistant Administrator for Fisheries, Na- received during adjournment of the Senate Family Court during 2011; to the Committee tional Marine Fisheries Service, Department in the Office of the President of the Senate on Homeland Security and Governmental Af- of Commerce, transmitting, pursuant to law, on April 9, 2012; to the Committee on Health, fairs. the report of a rule entitled ‘‘Magnuson-Ste- Education, Labor, and Pensions. EC–5660. A communication from the Dis- vens Fishery Conservation and Management EC–5649. A communication from the Chair- trict of Columbia Auditor, transmitting, pur- Act Provisions; Fisheries of the North- man of the Federal Energy Regulatory Com- suant to law, a report entitled, ‘‘District of eastern United States; Northeast (NE) Multi- mission, transmitting, pursuant to law, the Columbia Agencies’ Compliance with Small species Fishery; Amendment 17’’ (RIN0648– Commission’s fiscal year 2011 annual report Business Enterprise Expenditure Goals BB34) received during adjournment of the relative to the Notification and Federal Em- through the 1st Quarter of Fiscal Year 2012’’; Senate in the Office of the President of the ployee Antidiscrimination and Retaliation to the Committee on Homeland Security and Senate on April 10, 2012; to the Committee on Act of 2002; to the Committee on Homeland Governmental Affairs. Commerce, Science, and Transportation. Security and Governmental Affairs. EC–5661. A joint communication from the EC–5671. A communication from the Acting EC–5650. A communication from the Sec- Chairman and the Acting General Counsel, Director, Office of Sustainable Fisheries, De- retary of Transportation, transmitting, pur- National Labor Relations Board, transmit- partment of Commerce, transmitting, pursu- suant to law, the Department of Transpor- ting, pursuant to law, the Board’s Buy Amer- ant to law, the report of a rule entitled tation’s fiscal year 2011 annual report rel- ican Act Report for fiscal year 2011; to the ‘‘Fisheries of the Exclusive Economic Zone ative to the Notification and Federal Em- Committee on Homeland Security and Gov- Off Alaska; Pacific Cod by Catcher Vessels ployee Antidiscrimination and Retaliation ernmental Affairs. Less Than 60 Feet (18.3 Meters) Length Over- Act of 2002; to the Committee on Homeland EC–5662. A communication from the Chair- all Using Hook-and-Line or Pot Gear in the Security and Governmental Affairs. man of the Council of the District of Colum- Bering Sea and Aleutian Islands Manage- EC–5651. A communication from the Chair- bia, transmitting, pursuant to law, a report ment Area’’ (RIN0648–XB024) received during man of the Nuclear Regulatory Commission, on D.C. Act 19–335 ‘‘Mechanics Lien Amend- adjournment of the Senate in the Office of transmitting, pursuant to law, the Commis- ment Act of 2012’’; to the Committee on the President of the Senate on April 10, 2012; sion’s fiscal year 2011 annual report relative Homeland Security and Governmental Af- to the Committee on Commerce, Science, to the Notification and Federal Employee fairs. and Transportation. Antidiscrimination and Retaliation Act of EC–5663. A communication from the Chair- EC–5672. A communication from the Acting 2002; to the Committee on Homeland Secu- man of the Council of the District of Colum- Deputy Assistant Administrator for Regu- rity and Governmental Affairs. bia, transmitting, pursuant to law, a report latory Programs, National Marine Fisheries EC–5652. A communication from the Direc- on D.C. Act 19–336 ‘‘Green Building Compli- Service, Department of Commerce, transmit- tor of the Peace Corps, transmitting, pursu- ance, Technical Corrections, and Clarifica- ting, pursuant to law, the report of a rule en- ant to law, the Peace Corps’ fiscal year 2011 tion Amendment Act of 2012’’; to the Com- titled ‘‘Fisheries of the Caribbean, Gulf of annual report relative to the Notification mittee on Homeland Security and Govern- Mexico, and South Atlantic; Comprehensive and Federal Employee Antidiscrimination mental Affairs. Annual Catch Limit Amendment for the and Retaliation Act of 2002; to the Com- EC–5664. A communication from the Chair- South Atlantic’’ (RIN0648–AY73) received mittee on Homeland Security and Govern- man of the Council of the District of Colum- during adjournment of the Senate in the Of- mental Affairs. bia, transmitting, pursuant to law, a report fice of the President of the Senate on April EC–5653. A communication from the Sec- on D.C. Act 19–334 ‘‘Comprehensive Military 10, 2012; to the Committee on Commerce, retary of Veterans Affairs, transmitting, and Overseas Voters Accommodation Science, and Transportation. pursuant to law, the Department of Veterans Amendment Act of 2012’’; to the Committee EC–5673. A communication from the Acting Affairs’ fiscal year 2011 annual report rel- on Homeland Security and Governmental Af- Deputy Assistant Administrator for Regu- ative to the Notification and Federal Em- fairs. latory Programs, National Marine Fisheries

VerDate Mar 15 2010 02:18 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.040 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2392 CONGRESSIONAL RECORD — SENATE April 17, 2012 Service, Department of Commerce, transmit- States; Summer Flounder Fishery; Quota EC–5688. A communication from the Senior ting, pursuant to law, the report of a rule en- Transfer’’ (RIN0648–XB026) received during Program Analyst, Federal Aviation Adminis- titled ‘‘Fisheries of the Exclusive Economic adjournment of the Senate in the Office of tration, Department of Transportation, Zone Off Alaska; Gulf of Alaska; Final 2012 the President of the Senate on April 10, 2012; transmitting, pursuant to law, the report of and 2013 Harvest Specifications for Ground- to the Committee on Commerce, Science, a rule entitled ‘‘Standard Instrument Ap- fish’’ (RIN0648–XA711) received during ad- and Transportation. proach Procedures; Miscellaneous Amend- journment of the Senate in the Office of the EC–5681. A communication from the Acting ments (234); Amdt. No. 3469’’ (RIN2120–AA65) President of the Senate on April 10, 2012; to Director, Office of Sustainable Fisheries, De- received during adjournment of the Senate the Committee on Commerce, Science, and partment of Commerce, transmitting, pursu- in the Office of the President of the Senate Transportation. ant to law, the report of a rule entitled on April 9, 2012; to the Committee on Com- EC–5674. A communication from the Acting ‘‘Fisheries of the Northeastern United merce, Science, and Transportation. Deputy Assistant Administrator for Regu- States; Northeast Multispecies Fishery; Trip EC–5689. A communication from the Acting latory Programs, National Marine Fisheries Limit Adjustments for the Common Pool Assistant Administrator for Fisheries, Na- Service, Department of Commerce, transmit- Fishery’’ (RIN0648–XB059) received during tional Marine Fisheries Service, Department ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of of Commerce, transmitting, pursuant to law, titled ‘‘Fisheries of the Northeastern United the President of the Senate on April 10, 2012; a report relative to the apportionment of States; Atlantic Mackerel, Squid, and to the Committee on Commerce, Science, membership on the regional fishery manage- Butterfish Fisheries; Specifications and and Transportation. ment councils; to the Committee on Com- Management Measures’’ (RIN0648–BB28) re- EC–5682. A communication from the Acting merce, Science, and Transportation. ceived during adjournment of the Senate in Director, Office of Sustainable Fisheries, De- EC–5690. A communication from the Chair- the Office of the President of the Senate on partment of Commerce, transmitting, pursu- man, Federal Maritime Commission, trans- April 10, 2012; to the Committee on Com- ant to law, the report of a rule entitled mitting, pursuant to law, the Commission’s merce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone 50th Annual Report of the activities of the EC–5675. A communication from the Acting Off Alaska; Pollock in Statistical Area 630 in Federal Maritime Commission for fiscal year Deputy Assistant Administrator for Regu- the Gulf of Alaska’’ (RIN0648–XB077) received 2011; to the Committee on Commerce, latory Programs, National Marine Fisheries during adjournment of the Senate in the Of- Science, and Transportation. Service, Department of Commerce, transmit- fice of the President of the Senate on April ting, pursuant to law, the report of a rule en- 10, 2012; to the Committee on Commerce, f titled ‘‘Fisheries Off West Coast States; Science, and Transportation. INTRODUCTION OF BILLS AND Highly Migratory Species Fisheries; Sword- EC–5683. A communication from the Acting JOINT RESOLUTIONS fish Retention Limits’’ (RIN0648–BA87) re- Director, Office of Sustainable Fisheries, De- ceived during adjournment of the Senate in partment of Commerce, transmitting, pursu- The following bills and joint resolu- the Office of the President of the Senate on ant to law, the report of a rule entitled tions were introduced, read the first April 10, 2012; to the Committee on Com- ‘‘Fisheries of the Exclusive Economic Zone and second times by unanimous con- merce, Science, and Transportation. Off Alaska; Pollock in Statistical Area 620 in sent, and referred as indicated: EC–5676. A communication from the Acting the Gulf of Alaska’’ (RIN0648–XB102) received Deputy Assistant Administrator for Regu- during adjournment of the Senate in the Of- By Mr. LIEBERMAN (for himself and latory Programs, National Marine Fisheries fice of the President of the Senate on April Mr. BLUMENTHAL): Service, Department of Commerce, transmit- 10, 2012; to the Committee on Commerce, S. 2286. A bill to amend the Wild and Sce- ting, pursuant to law, the report of a rule en- Science, and Transportation. nic Rivers Act to designate certain segments titled ‘‘Fisheries of the Exclusive Economic EC–5684. A communication from the Acting of the Farmington River and Salmon Brook Zone Off Alaska; Chinook Salmon Bycatch Director, Office of Sustainable Fisheries, De- in the State of Connecticut as components of Management in the Bering Sea Pollock Fish- partment of Commerce, transmitting, pursu- the National Wild and Scenic Rivers System, ery; Economic Data Collection; Correction’’ ant to law, the report of a rule entitled and for other purposes; to the Committee on (RIN0648–BA80) received during adjournment ‘‘Fisheries of the Exclusive Economic Zone Energy and Natural Resources. of the Senate in the Office of the President Off Alaska; Pollock in Statistical Area 630 in By Mr. COONS: of the Senate on April 10, 2012; to the Com- the Gulf of Alaska’’ (RIN0648–XB111) received S. 2287. A bill to amend the Internal Rev- mittee on Commerce, Science, and Transpor- during adjournment of the Senate in the Of- enue Code of 1986 to allow a credit against tation. fice of the President of the Senate on April income tax for contributions to a trust used EC–5677. A communication from the Acting 10, 2012; to the Committee on Commerce, to provide need-based college scholarships; Director, Office of Sustainable Fisheries, De- Science, and Transportation. to the Committee on Finance. partment of Commerce, transmitting, pursu- EC–5685. A communication from the Acting By Ms. LANDRIEU (for herself, Mr. ant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- ISAKSON, Mr. NELSON of Nebraska, ‘‘Fisheries of the Exclusive Economic Zone partment of Commerce, transmitting, pursu- and Ms. MURKOWSKI): Off Alaska; Pollock in the West Yakutat Dis- ant to law, the report of a rule entitled ‘‘Pa- S. 2288. A bill to amend title XXVII of the trict of the Gulf of Alaska’’ (RIN0648–XB100) cific Cod by Catcher Vessels Greater Than or Public Health Service Act to preserve con- received during adjournment of the Senate Equal to 50 Feet (15.2 Meters) Length Overall sumer and employer access to licensed inde- in the Office of the President of the Senate Using Hook-and-Line Gear in the Central pendent insurance producers; to the Com- on April 10, 2012; to the Committee on Com- Regulatory Area of the Gulf of Alaska’’ mittee on Health, Education, Labor, and merce, Science, and Transportation. (RIN0648–XB112) received during adjourn- Pensions. EC–5678. A communication from the Acting ment of the Senate in the Office of the Presi- By Mr. REED (for himself, Mr. ALEX- Director, Office of Sustainable Fisheries, De- dent of the Senate on April 10, 2012; to the ANDER, Mrs. MURRAY, and Mr. ROB- partment of Commerce, transmitting, pursu- Committee on Commerce, Science, and ERTS): ant to law, the report of a rule entitled Transportation. S. 2289. A bill to amend the Federal Food, ‘‘Fisheries of the Exclusive Economic Zone EC–5686. A communication from the Chief Drug, and Cosmetic Act with respect to pedi- Off Alaska; Sablefish Managed Under the In- of Policy and Rules Division, Office of Engi- atric provisions; to the Committee on dividual Fishing Quota Program’’ (RIN0648– neering and Technology, Federal Commu- Health, Education, Labor, and Pensions. XB039) received during adjournment of the nications Commission, transmitting, pursu- By Mr. CORNYN: Senate in the Office of the President of the ant to law, the report of a rule entitled S. 2290. A bill to authorize the Commis- Senate on April 10, 2012; to the Committee on ‘‘Amendment of Part 15 of the Commission’s sioner of the United States Section, Inter- Commerce, Science, and Transportation. Rules Regarding Unlicensed Personal Com- national Boundary and Water Commission, EC–5679. A communication from the Acting munications Service Devices in the 1920–1930 to reimburse States and units of local gov- Director, Office of Sustainable Fisheries, De- MHz Band’’ (ET Docket No. 10–97; FCC 12–33) ernment for expenses incurred by the States partment of Commerce, transmitting, pursu- received during adjournment of the Senate and units of local government in designing, ant to law, the report of a rule entitled in the Office of the President of the Senate constructing, and rehabilitating water ‘‘Fisheries of the Exclusive Economic Zone on April 5, 2012; to the Committee on Com- projects under the jurisdiction of the Inter- Off Alaska; Pacific Cod by Vessels Using Jig merce, Science, and Transportation. national Boundary and Water Commission; Gear in the Central Regulatory Area of the EC–5687. A communication from the Chair- to the Committee on Foreign Relations. Gulf of Alaska’’ (RIN0648–XB070) received man of the Office of Proceedings, Surface By Mr. CORNYN (for himself, Ms. during adjournment of the Senate in the Of- Transportation Board, Department of Trans- SNOWE, Mrs. HUTCHISON, and Mr. fice of the President of the Senate on April portation, transmitting, pursuant to law, the HELLER): 10, 2012; to the Committee on Commerce, report of a rule entitled ‘‘Waybill Data Re- S. 2291. A bill to provide a taxpayer bill of Science, and Transportation. leased in Three-Benchmark Rail Rate Pro- rights for small businesses; to the Com- EC–5680. A communication from the Acting ceedings’’ (RIN2140–AB01) received during ad- mittee on Finance. Director, Office of Sustainable Fisheries, De- journment of the Senate in the Office of the By Mr. BURR (for himself and Mr. partment of Commerce, transmitting, pursu- President of the Senate on April 4, 2012; to COBURN): ant to law, the report of a rule entitled the Committee on Commerce, Science, and S. 2292. A bill to promote accountability, ‘‘Fisheries of the Northeastern United Transportation. transparency, innovation, efficiency, and

VerDate Mar 15 2010 02:18 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.042 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2393 timeliness at the Food and Drug Administra- sional Gold Medal to the World War II S. 1173 tion for America’s patients; to the Com- members of the Civil Air Patrol. At the request of Mr. WYDEN, the mittee on Health, Education, Labor, and S. 672 name of the Senator from Nevada (Mr. Pensions. At the request of Mr. ROCKEFELLER, HELLER) was added as a cosponsor of S. f the name of the Senator from Massa- 1173, a bill to amend title XVIII of the Social Security Act to modernize pay- SUBMISSION OF CONCURRENT AND chusetts (Mr. BROWN) was added as a ments for ambulatory surgical centers SENATE RESOLUTIONS cosponsor of S. 672, a bill to amend the Internal Revenue Code of 1986 to extend under the Medicare program. The following concurrent resolutions and modify the railroad track mainte- S. 1299 and Senate resolutions were read, and nance credit. At the request of Mr. MORAN, the referred (or acted upon), as indicated: S. 687 name of the Senator from Montana By Mr. AKAKA (for himself, Ms. COL- At the request of Mr. CONRAD, the (Mr. TESTER) was added as a cosponsor LINS, Mr. LEVIN, Mr. LIEBERMAN, Mr. of S. 1299, a bill to require the Sec- CARPER, Mr. LAUTENBERG, Mr. WEBB, names of the Senator from Nevada (Mr. retary of the Treasury to mint coins in and Mr. COONS): HELLER), the Senator from Minnesota S. Res. 419. A resolution expressing the (Ms. KLOBUCHAR) and the Senator from commemoration of the centennial of sense of the Senate that public servants Connecticut (Mr. BLUMENTHAL) were the establishment of Lions Clubs Inter- should be commended for their dedication added as cosponsors of S. 687, a bill to national. and continued service to the United States amend the Internal Revenue Code of S. 1368 during Public Service Recognition week; to 1986 to permanently extend the 15-year At the request of Mr. ROBERTS, the the Committee on Homeland Security and name of the Senator from Nevada (Mr. Governmental Affairs. recovery period for qualified leasehold By Mr. BURR (for himself and Mrs. improvement property, qualified res- HELLER) was added as a cosponsor of S. MURRAY): taurant property, and qualified retail 1368, a bill to amend the Patient Pro- S. Res. 420. A resolution designating April improvement property. tection and Affordable Care Act to re- 5, 2012, as ‘‘Gold Star Wives Day’’; considered At the request of Mr. CORNYN, the peal distributions for medicine quali- and agreed to. name of the Senator from Missouri fied only if for prescribed drug or insu- By Ms. MURKOWSKI (for herself, Mr. (Mr. BLUNT) was added as a cosponsor lin. BEGICH, Mrs. MURRAY, Mr. COCHRAN, of S. 687, supra. S. 1591 Ms. MIKULSKI, Ms. STABENOW, Mr. JOHNSON of South Dakota, Mr. S. 714 At the request of Mrs. GILLIBRAND, AKAKA, Mr. COONS, and Mr. UDALL of At the request of Mr. BINGAMAN, the the name of the Senator from Nevada Colorado): name of the Senator from Oregon (Mr. (Mr. HELLER) was added as a cosponsor S. Res. 421. A resolution designating April MERKLEY) was added as a cosponsor of of S. 1591, a bill to award a Congres- 20 through 22, 2012, as ‘‘Global Youth Service S. 714, a bill to reauthorize the Federal sional Gold Medal to Raoul Day’’; considered and agreed to. Land Transaction Facilitation Act, and Wallenberg, in recognition of his By Mr. MCCONNELL (for himself and achievements and heroic actions dur- Mr. PAUL): for other purposes. S. Res. 422. A resolution commending and S. 797 ing the Holocaust. congratulating the University of Kentucky At the request of Ms. MIKULSKI, the S. 1980 men’s basketball team for winning its eighth name of the Senator from Louisiana At the request of Mr. INOUYE, the Division I National Collegiate Athletic Asso- (Ms. LANDRIEU) was added as a cospon- name of the Senator from Oregon (Mr. ciation championship; considered and agreed sor of S. 797, a bill to amend the Fair WYDEN) was added as a cosponsor of S. to. 1980, a bill to prevent, deter, and elimi- By Mrs. MURRAY (for herself and Ms. Labor Standards Act of 1938 to provide nate illegal, unreported, and unregu- CANTWELL): more effective remedies to victims of S. Res. 423. A resolution congratulating discrimination in the payment of lated fishing through port State meas- Western Washington University for winning wages on the basis of sex, and for other ures. the 2012 National Collegiate Athletic Asso- purposes. S. 2004 ciation Division II Men’s Basketball Cham- S. 821 At the request of Mr. UDALL of New pionship; considered and agreed to. Mexico, the name of the Senator from By Mr. SESSIONS: At the request of Mr. LEAHY, the S. Con. Res. 41. A concurrent resolution name of the Senator from Maryland Nevada (Mr. HELLER) was added as a setting forth the President’s budget request (Ms. MIKULSKI) was added as a cospon- cosponsor of S. 2004, a bill to grant the for the United States Government for fiscal sor of S. 821, a bill to amend the Immi- Congressional Gold Medal to the troops year 2013, and setting forth the appropriate gration and Nationality Act to elimi- who defended Bataan during World War budgetary levels for fiscal years 2014 through nate discrimination in the immigra- II. 2022; placed on the calendar. tion laws by permitting permanent S. 2051 f partners of United States citizens and At the request of Mr. REED, the lawful permanent residents to obtain names of the Senator from Washington ADDITIONAL COSPONSORS lawful permanent resident status in (Mrs. MURRAY) and the Senator from S. 309 the same manner as spouses of citizens Oregon (Mr. MERKLEY) were added as At the request of Mr. LUGAR, the and lawful permanent residents and to cosponsors of S. 2051, a bill to amend name of the Senator from Idaho (Mr. penalize immigration fraud in connec- the Higher Education Act of 1965 to ex- CRAPO) was added as a cosponsor of S. tion with permanent partnerships. tend the reduced interest rate for Fed- 309, a bill to authorize the extension of S. 967 eral Direct Stafford Loans. nondiscriminatory treatment (normal At the request of Mr. MERKLEY, the S. 2062 trade relations treatment) to the prod- name of the Senator from New Jersey At the request of Mr. PAUL, the name ucts of Moldova. (Mr. MENENDEZ) was added as a cospon- of the Senator from Kentucky (Mr. S. 339 sor of S. 967, a bill to establish clear MCCONNELL) was added as a cosponsor At the request of Mr. BAUCUS, the regulatory standards for mortgage of S. 2062, a bill to amend the Lacey name of the Senator from Alaska (Mr. servicers, and for other purposes. Act Amendments of 1981 to repeal cer- BEGICH) was added as a cosponsor of S. S. 1086 tain provisions relating to criminal 339, a bill to amend the Internal Rev- At the request of Mr. HARKIN, the penalties and violations of foreign enue Code of 1986 to make permanent name of the Senator from Nevada (Mr. laws, and for other purposes. the special rule for contributions of HELLER) was added as a cosponsor of S. S. 2066 qualified conservation contributions. 1086, a bill to reauthorize the Special At the request of Ms. MURKOWSKI, the S. 418 Olympics Sport and Empowerment Act name of the Senator from Arkansas At the request of Mr. HARKIN, the of 2004, to provide assistance to Best (Mr. BOOZMAN) was added as a cospon- name of the Senator from New Mexico Buddies to support the expansion and sor of S. 2066, a bill to recognize the (Mr. UDALL) was added as a cosponsor development of mentoring programs, heritage of recreational fishing, hunt- of S. 418, a bill to award a Congres- and for other purposes. ing, and shooting on Federal public

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.019 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2394 CONGRESSIONAL RECORD — SENATE April 17, 2012 land and ensure continued opportuni- (Mrs. FEINSTEIN) was added as a co- BEGICH) was added as a cosponsor of ties for those activities. sponsor of S. 2276, a bill to permit Fed- amendment No. 1975 intended to be pro- S. 2103 eral officers to remove cases involving posed to S. 1789, a bill to improve, sus- At the request of Mr. LEE, the name crimes of violence to Federal court. tain, and transform the United States of the Senator from Kansas (Mr. S. 2283 Postal Service. MORAN) was added as a cosponsor of S. At the request of Mr. TESTER, the f 2103, a bill to amend title 18, United name of the Senator from Hawaii (Mr. States Code, to protect pain-capable AKAKA) was added as a cosponsor of S. STATEMENTS ON INTRODUCED unborn children in the District of Co- 2283, a bill to amend the Robert T. BILLS AND JOINT RESOLUTIONS lumbia, and for other purposes. Stafford Disaster Relief and Emer- By Mr. LIEBERMAN (for himself S. 2112 gency Assistance Act to include proce- and Mr. BLUMENTHAL): At the request of Mr. BEGICH, the dures for requests from Indian tribes S. 2286. A bill to amend the Wild and name of the Senator from Mississippi for a major disaster or emergency dec- Scenic Rivers Act to designate certain (Mr. WICKER) was added as a cosponsor laration, and for other purposes. segments of the Farmington River and of S. 2112, a bill to amend title 10, S. RES. 380 Salmon Brook in the State of Con- United States Code, to authorize space- At the request of Mr. GRAHAM, the necticut as components of the National available travel on military aircraft name of the Senator from West Vir- Wild and Scenic Rivers System, and for for members of the reserve compo- ginia (Mr. ROCKEFELLER) was added as other purposes; to the Committee on nents, a member or former member of a cosponsor of S. Res. 380, a resolution Energy and Natural Resources. a reserve component who is eligible for to express the sense of the Senate re- Mr. LIEBERMAN. Mr. President, I retired pay but for age, widows and garding the importance of preventing rise today to introduce the Lower widowers of retired members, and de- the Government of Iran from acquiring Farmington River and Salmon Brook pendents. nuclear weapons capability. S. RES. 399 Wild and Scenic River Act. I first S. 2165 would like to thank my colleague, Sen- At the request of Mrs. BOXER, the At the request of Mr. MENENDEZ, the name of the Senator from Minnesota ator BLUMENTHAL, for joining me as a name of the Senator from Maryland cosponsor of this legislation, and also (Ms. MIKULSKI) was added as a cospon- (Ms. KLOBUCHAR) was added as a co- wish to thank Congressman CHRIS sor of S. 2165, a bill to enhance stra- sponsor of S. Res. 399, a resolution call- MURPHY, who recently introduced an tegic cooperation between the United ing upon the President to ensure that the foreign policy of the United States identical bill in the House. States and Israel, and for other pur- My work to preserve and protect the poses. reflects appropriate understanding and sensitivity concerning issues related to Farmington River dates back many S. 2174 human rights, crimes against human- years, and holds a special place in my At the request of Mr. INHOFE, the ity, ethnic cleansing, and genocide doc- heart. In 1993 and 1994, in my first term name of the Senator from Wyoming umented in the United States record in office, I worked with Congress- (Mr. BARRASSO) was added as a cospon- relating to the Armenian Genocide, woman Nancy Johnson to introduce sor of S. 2174, a bill to exempt natural and for other purposes. and pass legislation that added 14 miles gas vehicles from certain maximum S. RES. 402 of the Upper Farmington River, or the fuel economy increase standards, and west branch of the river, to the Na- for other purposes. At the request of Mr. COONS, the name of the Senator from Kansas (Mr. tional Wild and Scenic River System, S. 2237 ROBERTS) was added as a cosponsor of becoming Connecticut’s first addition At the request of Mr. REID, the name S. Res. 402, a resolution condemning to the system. In 2006, I again had the of the Senator from New York (Mr. Joseph Kony and the Lord’s Resistance privilege of working with Rep. Johnson SCHUMER) was added as a cosponsor of Army for committing crimes against and Sen. Chris Dodd to introduce and S. 2237, a bill to provide a temporary humanity and mass atrocities, and sup- pass the Lower Farmington River and income tax credit for increased payroll porting ongoing efforts by the United Salmon Brook Wild and Scenic River and extend bonus depreciation for an States Government and governments Study Act, which authorized a study of additional year, and for other purposes. in central Africa to remove Joseph the Lower Farmington, or the east S. 2242 Kony and Lord’s Resistance Army com- branch of the river. Now complete, the At the request of Mr. THUNE, the manders from the battlefield. study found that the Lower Farm- name of the Senator from Georgia (Mr. S. RES. 406 ington River and Salmon Brook possess CHAMBLISS) was added as a cosponsor of At the request of Mr. WARNER, the outstanding natural, cultural, and rec- S. 2242, a bill to amend the Internal name of the Senator from New Hamp- reational values. I am honored to re- Revenue Code of 1986 to repeal the es- shire (Mrs. SHAHEEN) was added as a co- turn to the Senate floor today to intro- tate and generation-skipping transfer sponsor of S. Res. 406, a resolution duce this legislation, which would add taxes, and for other purposes. commending the achievements and rec- the Lower Farmington River and Salm- S. 2264 ognizing the importance of the Alli- on Brook to the Wild and Scenic Rivers At the request of Mr. HOEVEN, the ance to Save Energy on the 35th anni- System in order to preserve the ex- name of the Senator from Nebraska versary of the incorporation of the Al- traordinary ecological and recreational (Mr. NELSON) was added as a cosponsor liance. values it brings to our state. of S. 2264, a bill to provide liability pro- S. RES. 418 Passing through ten towns in north- tection for claims based on the design, At the request of Mr. BROWN of Ohio, western Connecticut, the Lower Farm- manufacture, sale, offer for sale, intro- the names of the Senator from New ington River and Salmon Brook is duction into commerce, or use of cer- Jersey (Mr. LAUTENBERG), the Senator home to extensive wetlands, unique ge- tain fuels and fuel additives, and for from Ohio (Mr. PORTMAN) and the Sen- ology, and stunning vistas. The pris- other purposes. ator from Florida (Mr. NELSON) were tine and unique qualities of this river S. 2274 added as cosponsors of S. Res. 418, a system and the surrounding landscape At the request of Mr. ROBERTS, the resolution commending the 80 brave provide visitors and residents alike, a name of the Senator from North Da- men who became known as the ‘‘Doo- special location for hiking, paddling, kota (Mr. HOEVEN) was added as a co- little Tokyo Raiders’’ for outstanding and fishing. This unspoiled natural re- sponsor of S. 2274, a bill to require the heroism, valor, skill, and service to the treat has a rich history that is only ri- Secretary of Agriculture to establish a United States during the bombing of valed by its vibrant biodiversity. Ar- nonprofit corporation to be known as Tokyo and 5 other targets on the island cheologists have revealed that sites the Foundation for Food and Agri- of Honshu on April 18, 1942, during the surrounding the river date back over culture Research. Second World War. 11,000 years. The timeline that has been S. 2276 AMENDMENT NO. 1975 discovered chronicles important Native At the request of Mr. GRASSLEY, the At the request of Mr. MERKLEY, the American development as well as the name of the Senator from California name of the Senator from Alaska (Mr. birth and growth of our nation. From

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.021 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2395 the prehistoric campsites, to the Un- Indeed, drugs and devices work dif- should submit their initial pediatric derground Railroad network, and bur- ferently in children than in adults, and study plan to the FDA at the end of geoning manufacturing that sent goods consequently, must be studied specifi- phase two. to markets across the world, the river cally for use in children. However, due The legislation would also ensure and its banks are an essential compo- to the fact that pediatric trials can be that pediatric studies are actually nent of our nation’s history. costly, take several years, and offer completed. An alarming 78 percent of But the importance of the Lower less of a return on investment, drug pediatric studies that were scheduled Farmington River and Salmon Brook companies weren’t initiating these to be completed by September 2007 are goes beyond its contribution to our na- trials. As a result, nearly 80 percent of currently late or were submitted late. tion’s history. Among the country’s drugs were used off-label in children. While it is appropriate for some studies most biologically diverse ecosystem, This alarming statistic garnered the to take longer than expected and we the river is home to 30 species of attention of pediatricians, medical ex- wouldn’t want a pediatric study to hold finfish, 105 bird species, and the only perts, families, and ultimately, Con- up the approval of a drug for use in river in New England that is home to gress. In 1997, Congress provided phar- adults it is unacceptable for companies all 12 of the freshwater mussel species maceutical companies with an incen- to fail to complete pediatric studies al- native to the region, one of which is a tive to invest in pediatric research together. Our bill would give the FDA federally listed endangered species. through the Best Pharmaceuticals for the authority to distinguish between Since prehistory the rich biodiversity Children Act, BPCA. In 2003, Congress reasonable and unreasonable delays in has also benefited agriculture along passed the Pediatric Research Equity pediatric studies and provide the agen- the banks of this river system. Driven Act to begin requiring pharmaceutical cy with critical enforcement tools to by the unique qualities of the soil, Na- companies to engage in these studies. ensure required pediatric studies are tive Americans, colonists and Con- Since the enactment of these laws, 426 completed. This legislation would also necticut residents have harvested to- drug labels have been revised with im- provide the FDA with the ability to bacco that is known the world over. portant pediatric information and better track the progress of studies and Today, outdoor recreationists visit there has been a decline in the number assist with any complications. the Lower Farmington River and Salm- of drugs used off-label in children from on Brook in increasing numbers. As 80 to 50 percent. The Better Pharmaceuticals and De- Americans return to nature, it is essen- However, these laws will expire on vices for Children Act also responds to tial that policies are in place which en- October 1 unless Congress passes legis- the need for the development of pedi- hances stewardship and conservation in lation to renew them. The Better Phar- atric medical devices in children, Connecticut and across the nation. Un- maceuticals and Devices for Children which can lag five to ten years behind checked development threatens to Act would ensure that these laws are those manufactured for adults. The pe- erode biodiversity, destroy unprotected never at risk of expiring again. Laws diatric profit allowance for Humani- historic sites, and consume priceless that examine the safety and effective- tarian Use Devices has proven to be an natural resources. In order to combat ness of drugs and devices in adults are effective incentive for the development such destruction we must have the permanent. Children should have the of new medical devices that are de- foresight to ensure that treasures such same assurances. By making these laws signed specifically for the needs of chil- as the Lower Farmington River and permanent, pharmaceutical companies dren. Our bill would continue this im- Salmon Brook remain unspoiled for to- will also gain the certainty they need portant policy. It would also reauthor- day’s recreational users as well as to- to continue wisely investing in these ize the Pediatric Device Consortia, morrow’s. studies. which in just two and a half years, has I thank Congressman MURPHY, all In making these laws permanent, we assisted in advancing the development the members of the Study Committee, must not miss an opportunity to im- of 135 proposed pediatric medical de- and especially the Farmington River prove their benefits for children to en- vices and helped get life-saving and Watershed Association and its Execu- sure that more robust and timely infor- life-improving pediatric devices to the tive Director, Eileen Fielding, for mation about the use of drugs and de- patients that need them. working with me to advance the Lower vices can guide clinical care. This leg- This legislation is critical for chil- Farmington River and Salmon Brook’s islation does just that. dren’s health. It will help give parents status within the National Wild & Sce- First, it would ensure pediatric stud- peace of mind that when their doctor nic Rivers System. I reaffirm my ies are planned earlier in the drug de- prescribes a medication or recommends strong support today for the river’s velopment process. Currently, pedi- a medical device for their kids, it is protection, and I look forward to work- atric study plans can be submitted to proven safe and effective for specific ing cooperatively with my colleagues the FDA when a company submits its use in children. in making it happen. new drug application. This can be a It is my understanding that Chair- very stressful time for a company and, man HARKIN will be including this leg- as such, pediatric study plans are often By Mr. REED (for himself, Mr. islation as part of a broader initiative left to the last minute. This has tradi- ALEXANDER, Mrs. MURRAY, and that the Health, Education, Labor, and tionally resulted in insufficient and in- Mr. ROBERTS): Pensions Committee will soon be con- appropriate study plans, as well as S. 2289. A bill to amend the Federal sidering focused on improving drugs delays of important pediatric data. Our Food, Drug, and Cosmetic Act with re- and devices. I look forward to working spect to pediatric provisions; to the legislation would require companies to with Senators ALEXANDER, MURRAY, Committee on Health, Education, submit a more robust pediatric study and ROBERTS, as well as the Chairman plan at the end of phase two in the Labor, and Pensions. and others on moving this bill forward drug development process. By this time Mr. REED. I am pleased to be joined before the October deadline. today by Senators ALEXANDER, MUR- in the process, a company already has RAY, and ROBERTS in introducing the performed the requisite clinical trial or By Mr. CORNYN (for himself, Ms. Better Pharmaceuticals and Devices trials in adults and has a better under- SNOWE, Mrs. HUTCHISON, and for Children Act, BPDCA. This legisla- standing of a drug’s safety and effi- Mr. HELLER): tion will ensure that children are cacy, as well as dosing requirements. prioritized in the drug development Moreover, experts at the FDA initially S. 2291. A bill to provide a taxpayer process, as well as continue the in- tried to require companies to submit a bill of rights for small businesses; to crease in the number and quality of pediatric study plan at this time in the the Committee on Finance. medical devices developed for use in drug development process in a regula- Mr. CORNYN. Mr. President, I rise to children. I am particularly pleased that tion that was struck down by the introduce the Small Business Taxpayer this bill has the support of the Amer- courts. However, the rationale and jus- Bill of Rights Act of 2012, SBTBOR. I ican Academy of Pediatrics and the tification behind the regulation helped am very pleased that Senators SNOWE, Pharmaceutical Research and Manu- inform the drafting of this legislation HUTCHISON, and HELLER are cosponsors facturers of America. and led us to believe that companies of this taxpayer-friendly legislation.

VerDate Mar 15 2010 03:13 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.024 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2396 CONGRESSIONAL RECORD — SENATE April 17, 2012 As Americans across the country The Small Business Taxpayer Bill of more time expanding their business race to meet today’s deadline to com- Rights Act will make the IRS more ac- and creating jobs and less time dealing plete their federal tax return, it is im- countable to taxpayers by increasing with the IRS. portant to note that their tax burden is the amount of damages taxpayers may Mr. President, I ask unanimous con- more than just the amount of tax paid receive for any collection action the sent that the text of the bill and a let- to the federal government. Taxpayers IRS takes against them that is reck- ter of support be printed in the also bear the burden of the cost of com- less, or by reason of negligence dis- RECORD. plying with the tax code. Analysts pre- regards the law or its regulations. Sec- There being no objection, the mate- dict that taxpayers will spend over $350 ond, it increases the amount of dam- rial was ordered to be printed in the billion this year alone to comply with ages taxpayers may be awarded when RECORD, as follows: the tax code. In addition, according to the IRS improperly discloses their tax S. 2291 a survey by the National Small Busi- returns and tax information. Third, the Be it enacted by the Senate and House of Rep- ness Association, over half of the re- bill raises the monetary penalty on resentatives of the United States of America in spondents reported that they spend IRS employees who commit certain un- Congress assembled, more than 40 hours a year dealing with lawful acts or disclose taxpayer infor- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. federal taxes and spend more than mation. (a) SHORT TITLE.—This Act may be cited as $5,000 each year just on the administra- Finally, the legislation will improve the ‘‘Small Business Taxpayer Bill of Rights tion of federal taxes. In addition, a dis- taxpayer access to the Tax Court by Act of 2012’’. pute over a complex tax code with the expanding the role of the current (b) TABLE OF CONTENTS.—The table of con- IRS can become an expensive endeavor ‘‘small tax case’’ procedure—an infor- tents of this Act is as follows: for small businesses, who have limited mal and efficient method for resolving Sec. 1. Short title; table of contents. resources to fight off frivolous IRS disputes before the Tax Court—to in- Sec. 2. Modification of standards for award- claims. With the passage of the 2010 clude a wider variety of cases. The bill ing of costs and certain fees. health care act, this burden is expected Sec. 3. Civil damages allowed for reckless or will permit taxpayers to obtain judi- intentional disregard of inter- to increase in the future. At a time cial review from the Tax Court when when job creation remains weak, small nal revenue laws. the IRS fails to act on their claim for Sec. 4. Modifications relating to certain of- businesses should be spending their interest abatement due to an error or fenses by officers and employ- time and resources creating jobs, not delay by the IRS. Taxpayers whose ees in connection with revenue cutting through miles of burdensome property has been wrongly seized to laws. IRS red tape. The Small Business Tax- satisfy a tax debt will have more time Sec. 5. Modifications relating to civil dam- payer Bill of Rights seeks to mitigate to claim relief and bring a civil suit ages for unauthorized inspec- this problem. It would ensure that tion or disclosure of returns against the IRS. It also makes proce- and return information. small businesses spend less time deal- dural improvements for taxpayers who ing with the IRS and more time cre- Sec. 6. Interest abatement reviews. request innocent spouse relief. By re- ating jobs. Sec. 7. Ban on ex parte discussions. questing innocent spouse relief, tax- Sec. 8. Alternative dispute resolution proce- The Small Business Taxpayer Bill of dures. Rights, among other things, provides payers can be relieved of the responsi- bility for paying tax, interest, and pen- Sec. 9. Extension of time for contesting IRS more protections and safeguards for levy. small businesses during administrative alties if their spouse improperly re- ported items or omitted items on their Sec. 10. Waiver of installment agreement procedures with the IRS. It would: fee. lower the compliance burden on small tax return. Sec. 11. Suspension of running of period for Last week, I held an event in Hous- business taxpayers; strengthen safe- filing petition of spousal relief ton, Texas, where I announced my in- guards against IRS overreach; increase and collection cases. tention to introduce the Small Busi- taxpayer compensation for IRS abuses Sec. 12. Venue for appeal of spousal relief and collection cases. and; improve taxpayer access to the ness Taxpayer Bill of Rights Act. The event was held at the headquarters of Sec. 13. Increase in monetary penalties for court system. Amid the weakest eco- certain unauthorized disclo- nomic recovery since World War II, Forge USA, which is a family-owned, medium-sized open-die forging busi- sures of information. American job creators urgently need Sec. 14. De novo tax court review of claims such relief. ness. Forging is a process involving the for equitable innocent spouse The Small Business Taxpayer Bill of shaping of heated metal parts in which relief. Rights Act will reduce the compliance the metal is never completely confined Sec. 15. Ban on raising new issues on appeal. and administrative burdens faced by or restrained in the dies. Forge USA SEC. 2. MODIFICATION OF STANDARDS FOR small business taxpayers when it has 215 employees and provides high- AWARDING OF COSTS AND CERTAIN FEES. comes to dealing with the IRS. The bill quality custom forged products for a (a) SMALL BUSINESSES ELIGIBLE WITHOUT provides an alternative dispute resolu- variety of industries, with about 70 per- cent of its product going to the oil and REGARD TO NET WORTH.—Subparagraph (D) tion procedure through which a small of section 7430(c)(4) of the Internal Revenue business taxpayer may be able to re- gas industry. This is what the owners Code of 1986 is amended by striking ‘‘and’’ at quest arbitration with an independent, of Forge USA said about the legisla- the end of clause (i), by striking the period neutral third party not employed by tion: ‘‘Senator Cornyn’s efforts to im- at the end of clause (ii) and inserting ‘‘and’’, the IRS. In addition, the bill will make prove the rights of small businesses and by adding at the end the following new more small businesses eligible to re- will mean that business owners will be clause: coup attorney’s fees when a court finds able to spend more time growing their ‘‘(iii) in the case of an eligible small busi- that the IRS’s action taken against a businesses and hiring more workers ness, the net worth limitation in clause (ii) and hopefully less time talking to the of such section shall not apply.’’. taxpayer is not substantially justified. (b) ELIGIBLE SMALL BUSINESS.—Paragraph The legislation also reinforces the tax man.’’ I am grateful for the support (4) of section 7430(c) of the Internal Revenue independent nature of the IRS Appeals of a small business like Forge USA. Code of 1986 is amended by adding at the end Office by prohibiting it from discussing This legislation is also supported by the following new subparagraph: the merits of a taxpayer’s case with the Texas Association of Business, U.S. ‘‘(F) ELIGIBLE SMALL BUSINESS.—For pur- any other department at the IRS, un- Hispanic Chamber of Commerce, and poses of subparagraph (D)(iii), the term ‘eli- less the taxpayer is afforded an oppor- the National Taxpayers Union, among gible small business’ means, with respect to tunity to participate. Second, the bill others. any proceeding commenced in a taxable will prevent an Appeals Officer from Small business owners face an espe- year— cially crushing burden of paperwork, ‘‘(i) a corporation the stock of which is not raising a new issue that was not ini- publicly traded, tially raised by the IRS in the exam- but they lack the key financial and ‘‘(ii) a partnership, or ination process. The SBTBOR would legal resources that multinational cor- ‘‘(iii) a sole proprietorship, help to ensure the Appeals Office re- porations do when dealing with the tax if the average annual gross receipts of such mains a neutral entity that effectively code and the IRS. This legislation will corporation, partnership, or sole proprietor- facilitates the taxpayer’s appeals proc- provide relief for small businesses and ship for the 3-taxable-year period preceding ess. will allow small businesses to spend such taxable year does not exceed $50,000,000.

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For purposes of applying the test under the (C) by adding at the end the following new ‘‘(i) IN GENERAL.—Any taxpayer making an preceding sentence, rules similar to the rules paragraph: election under subparagraph (A) shall be re- of paragraphs (2) and (3) of section 448(c) ‘‘(3) a petition to the Tax court under sec- quired— shall apply.’’. tion 6404(h) in which the amount of interest ‘‘(I) to share the costs of such independent (c) EFFECTIVE DATE.—The amendments abatement sought does not exceed $50,000.’’. mediator equally with the Office of Appeals, made by this section shall apply to pro- (2) EFFECTIVE DATE.—The amendments and ceedings commenced after the date of the en- made by this subsection shall apply to— ‘‘(II) to limit the selection of the mediator actment of this Act. (A) cases pending as of the day after the to a roster of recognized national or local SEC. 3. CIVIL DAMAGES ALLOWED FOR RECK- date of the enactment of this Act, and neutral mediators. LESS OR INTENTIONAL DISREGARD (B) cases commenced after such date of en- ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not OF INTERNAL REVENUE LAWS. actment. apply to any taxpayer who is an individual (a) INCREASE IN AMOUNT OF DAMAGES.—Sec- SEC. 7. BAN ON EX PARTE DISCUSSIONS. or who was a small business in the preceding tion 7433(b) of the Internal Revenue Code of (a) IN GENERAL.—Notwithstanding section calendar year if such taxpayer had an ad- 1986 is amended by striking ‘‘$1,000,000 1001(a)(4) of the Internal Revenue Service Re- justed gross income that did not exceed 250 ($100,000, in the case of negligence)’’ and in- structuring and Reform Act of 1998, the In- percent of the poverty level, as determined serting ‘‘$3,000,000 ($300,000, in the case of ternal Revenue Service shall prohibit any ex in accordance with criteria established by negligence)’’. parte communications between officers in the Director of the Office of Management (b) EXTENSION OF TIME TO BRING ACTION.— the Internal Revenue Service Office of Ap- and Budget, in the taxable year preceding Section 7433(d)(3) of the Internal Revenue peals and other Internal Revenue Service the request. Code of 1986 is amended by striking ‘‘2 years’’ employees with respect to any matter pend- ‘‘(iii) SMALL BUSINESS.—For purposes of and inserting ‘‘5 years’’. ing before such officers. clause (ii), the term ‘small business’ has the (c) EFFECTIVE DATE.—The amendments (b) TERMINATION OF EMPLOYMENT FOR MIS- meaning given such term under section made by this section shall apply to actions CONDUCT.—Subject to subsection (c), the 41(b)(3)(D)(iii). of employees of the Internal Revenue Service Commissioner of Internal Revenue shall ter- ‘‘(3) AVAILABILITY OF PROCESS.—The proce- after the date of the enactment of this Act. minate the employment of any employee of dures prescribed under subsection (b)(1) and SEC. 4. MODIFICATIONS RELATING TO CERTAIN the Internal Revenue Service if there is a the pilot program established under sub- OFFENSES BY OFFICERS AND EM- final administrative or judicial determina- section (b)(2) shall provide the opportunity PLOYEES IN CONNECTION WITH to elect mediation or arbitration at the time REVENUE LAWS. tion that such employee committed any act when the case is first filed with the Office of (a) INCREASE IN PENALTY.—Section 7214 of or omission prohibited under subsection (a) Appeals and at any time before deliberations the Internal Revenue Code of 1986 is amend- in the performance of the employee’s official in the appeal commence.’’. ed— duties. Such termination shall be a removal (b) EFFECTIVE DATE.—The amendment (1) by striking ‘‘$10,000’’ in subsection (a) for cause on charges of misconduct. made by this section shall take effect on the and inserting ‘‘$25,000’’, and (c) DETERMINATION OF COMMISSIONER.— date of the enactment of this Act. (2) by striking ‘‘$5,000’’ in subsection (b) (1) IN GENERAL.—The Commissioner of In- and inserting ‘‘$10,000’’. ternal Revenue may take a personnel action SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY. (b) EFFECTIVE DATE.—The amendments other than termination for an act prohibited made by this section shall take effect on the under subsection (a). (a) EXTENSION OF TIME FOR RETURN OF date of the enactment of this Act. (2) DISCRETION.—The exercise of authority PROPERTY SUBJECT TO LEVY.—Subsection (b) of section 6343 of the Internal Revenue Code SEC. 5. MODIFICATIONS RELATING TO CIVIL under paragraph (1) shall be at the sole dis- DAMAGES FOR UNAUTHORIZED IN- cretion of the Commissioner of Internal Rev- of 1986 is amended by striking ‘‘9 months’’ SPECTION OR DISCLOSURE OF RE- enue and may not be delegated to any other and inserting ‘‘3 years’’. TURNS AND RETURN INFORMATION. officer. The Commissioner of Internal Rev- (b) PERIOD OF LIMITATION ON SUITS.—Sub- (a) INCREASE IN AMOUNT OF DAMAGES.—Sub- enue, in his sole discretion, may establish a section (c) of section 6532 of the Internal paragraph (A) of section 7431(c)(1) of the In- procedure which will be used to determine Revenue Code of 1986 is amended— ternal Revenue Code of 1986 is amended by whether an individual should be referred to (1) in paragraph (1) by striking ‘‘9 months’’ striking ‘‘$1,000’’ and inserting ‘‘$10,000’’. the Commissioner of Internal Revenue for a and inserting ‘‘3 years’’, and (b) EFFECTIVE DATE.—The amendment determination by the Commissioner under (2) in paragraph (2) by striking ‘‘9-month’’ made by this section shall apply to inspec- paragraph (1). and inserting ‘‘3-year’’. tions and disclosure occurring on and after (3) NO APPEAL.—Any determination of the (c) EFFECTIVE DATE.—The amendments the date of the enactment of this Act. Commissioner of Internal Revenue under made by this section shall apply to— SEC. 6. INTEREST ABATEMENT REVIEWS. this subsection may not be appealed in any (1) levies made after the date of the enact- (a) FILING PERIOD FOR INTEREST ABATE- administrative or judicial proceeding. ment of this Act, and MENT CASES.— (d) TIGTA REPORTING OF TERMINATION OR (2) levies made on or before such date if the (1) IN GENERAL.—Subsection (h) of section MITIGATION.—Section 7803(d)(1)(E) of the In- 9-month period has not expired under section 6404 of the Internal Revenue Code of 1986 is ternal Revenue Code of 1986 is amended by 6343(b) of the Internal Revenue Code of 1986 amended— inserting ‘‘or section 7 of the Small Business (without regard to this section) as of such (A) by striking ‘‘REVIEW OF DENIAL’’ in the Taxpayer Bill of Rights Act of 2012’’ after date. heading and inserting ‘‘JUDICIAL REVIEW’’, ‘‘1998’’. SEC. 10. WAIVER OF INSTALLMENT AGREEMENT and SEC. 8. ALTERNATIVE DISPUTE RESOLUTION FEE. (B) by striking ‘‘ ‘if such action is PROCEDURES. (a) IN GENERAL.—Section 6159 of the Inter- brought’ ’’ and all that follows in paragraph (a) IN GENERAL.—Section 7123 of the Inter- nal Revenue Code of 1986 is amended by re- (1) and inserting ‘‘if such action is brought— nal Revenue Code of 1986 is amended by add- designating subsection (f) as subsection (g) ‘‘(A) at any time after the earlier of— ing at the end the following new subsection: and by inserting after subsection (e) the fol- ‘‘(i) the date of the mailing of the Sec- ‘‘(c) AVAILABILITY OF DISPUTE RESOLU- lowing new subsection: retary’s final determination not to abate TIONS.— ‘‘(f) WAIVER OF INSTALLMENT AGREEMENT such interest, or ‘‘(1) IN GENERAL.—The procedures pre- FEE.—The Secretary shall waive the fees im- ‘‘(ii) the date which is 180 days after the scribed under subsection (b)(1) and the pilot posed on installment agreements under this date of the filing with the Secretary (in such program established under subsection (b)(2) section for any taxpayer with an adjusted form as the Secretary may prescribe) of a shall provide that a taxpayer may request gross income that does not exceed 250 per- claim for abatement under this section, and mediation or arbitration in any case unless cent of the poverty level, as determined in ‘‘(B) not later than the date which is 180 the Secretary has specifically excluded the accordance with criteria established by the days after the date described in subpara- type of issue involved in such case or the Director of the Office of Management and graph (A)(i).’’. class of cases to which such case belongs as Budget, and who has agreed to make pay- (2) EFFECTIVE DATE.—The amendments not appropriate for resolution under such ments under the installment agreement by made by this subsection shall apply to subsection. The Secretary shall make any electronic payment through a debit instru- claims for abatement of interest filed with determination that excludes a type of issue ment.’’. the Secretary after the date of the enact- or a class of cases public within 5 working (b) EFFECTIVE DATE.—The amendment ment of this Act. days and provide an explanation for each de- made by this section shall take effect on the (b) SMALL TAX CASE ELECTION FOR INTER- termination. date of the enactment of this Act. EST ABATEMENT CASES.— ‘‘(2) INDEPENDENT MEDIATORS.— SEC. 11. SUSPENSION OF RUNNING OF PERIOD (1) IN GENERAL.—Subsection (f) of section ‘‘(A) IN GENERAL.—The procedures pre- FOR FILING PETITION OF SPOUSAL 7463 of the Internal Revenue Code of 1986 is scribed under subsection (b)(1) shall provide RELIEF AND COLLECTION CASES. amended— the taxpayer an opportunity to elect to have (a) PETITIONS FOR SPOUSAL RELIEF.— (A) by striking ‘‘and’’ at the end of para- the mediation conducted by an independent, (1) IN GENERAL.—Subsection (e) of section graph (1), neutral individual not employed by the Of- 6015 of the Internal Revenue Code of 1986 is (B) by striking the period at the end of fice of Appeals. amended by adding at the end the following paragraph (2) and inserting ‘‘, and’’, and ‘‘(B) COST AND SELECTION.— new paragraph:

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‘‘(6) SUSPENSION OF RUNNING OF PERIOD FOR sures made after the date of the enactment initiative to provide sensible solutions for FILING PETITION IN TITLE 11 CASES.—In the of this Act. the USHCC constituency of Hispanic enter- case of an individual who is prohibited by SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS prises. The four pillars of the SBTBOR—low- reason of a case under title 11, United States FOR EQUITABLE INNOCENT SPOUSE ering compliance burden for taxpayers, Code, from filing a petition under paragraph RELIEF. strengthening taxpayer protections, compen- (1)(A) with respect to a final determination (a) IN GENERAL.—Subparagraph (A) of sec- sating taxpayers for IRS abuses, and improv- of relief under this section, the running of tion 6015(e)(1) of the Internal Revenue Code ing taxpayer access to the judicial system— the period prescribed by such paragraph for of 1986 is amended by adding at the end the are crucial to the efficiency of small busi- filing such a petition with respect to such following new flush sentence: ness, and we hope that your Senate col- final determination shall be suspended for ‘‘Any review of a determination by the Sec- leagues join in your efforts to pass sensible, the period during which the individual is so retary with respect to a claim for equitable pro-growth legislation. prohibited from filing such a petition, and relief under subsection (f) shall be reviewed In the USHCC’s recently released 2012–2014 for 60 days thereafter.’’. de novo by the Tax Court.’’. Legislative Agenda, regulatory reform is (2) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment noted as a critical part of the Hispanic small made by this subsection shall apply to peti- made by this section shall apply to petitions business community’s potential for job cre- tions filed under section 6015(e) of the Inter- filed or pending before the Tax Court on and ation and economic development. The nal Revenue Code of 1986 after the date of the after the date of the enactment of this Act. SBTBOR, by addressing problematic regula- enactment of this Act. SEC. 15. BAN ON RAISING NEW ISSUES ON AP- tion and interaction with the IRS, is parallel (b) COLLECTION PROCEEDINGS.— PEAL. to the USHCC mission. In order for the His- (1) IN GENERAL.—Subsection (d) of section (a) IN GENERAL.—Chapter 77 of the Internal panic community to continue leveraging its 6330 of the Internal Revenue Code of 1986 is Revenue Code of 1986 is amended by adding entrepreneurial spirit, we cannot allow for amended— at the end the following new section: entrepreneurs to be subject to slow and cost- (A) by striking ‘‘appeal such determination ‘‘SEC. 7529. PROHIBITION ON INTERNAL REV- ly resolution of audits, low civil damages to the Tax Court’’ in paragraph (1) and in- ENUE SERVICE RAISING NEW ISSUES when the IRS disregards the law, fees on in- serting ‘‘petition the Tax Court for review of IN AN INTERNAL APPEAL. stallment agreements for low-income tax- such determination’’, ‘‘(a) IN GENERAL.—In reviewing an appeal payers, and many other harsh burdens that (B) by striking ‘‘JUDICIAL REVIEW OF DETER- of any determination initially made by the exist for small businesses. MINATION’’ in the heading of paragraph (1) Internal Revenue Service, the Internal Rev- The SBTBOR is clearly something that and inserting ‘‘PETITION FOR REVIEW BY TAX enue Service Office of Appeals may not con- will positively affect the Hispanic business COURT’’, sider or decide any issue that is not within community and American economy as a (C) by redesignating paragraph (2) as para- the scope of the initial determination. whole. Please let us know how we may assist graph (3), and ‘‘(b) CERTAIN ISSUES DEEMED OUTSIDE OF in your effort to promote an environment (D) by inserting after paragraph (1) the fol- SCOPE OF DETERMINATION.—For purposes of where entrepreneurs focus more on growing lowing new paragraph: subsection (a), the following matters shall be their businesses rather than dealing with un- ‘‘(2) SUSPENSION OF RUNNING OF PERIOD FOR considered to be not within the scope of a de- reasonable regulations. We are here to help. FILING PETITION IN TITLE 11 CASES.—In the termination: Respectfully Submitted, case of an individual who is prohibited by ‘‘(1) Any issue that was not raised in a no- JAVIER PALOMAREZ, reason of a case under title 11, United States tice of deficiency or an examiner’s report President & CEO. Code, from filing a petition under paragraph which is the subject of the appeal. NINA VACA, (1) with respect to a determination under ‘‘(2) Any deficiency in tax which was not Chairman of the Board. this section, the running of the period pre- included in the initial determination. f scribed by such subsection for filing such a ‘‘(3) Any theory or justification for a tax petition with respect to such determination deficiency which was not considered in the SUBMITTED RESOLUTIONS shall be suspended for the period during initial determination. which the individual is so prohibited from ‘‘(c) NO INFERENCE WITH RESPECT TO ISSUES filing such a petition, and for 30 days there- RAISED BY TAXPAYERS.—Nothing in this sec- SENATE RESOLUTION 419—EX- after.’’. tion shall be construed to provide any limi- PRESSING THE SENSE OF THE (2) CONFORMING AMENDMENT.—Subsection tation in addition to any limitations in ef- SENATE THAT PUBLIC SERV- (c) of section 6320 of such Code is amended by fect on the date of the enactment of this sec- ANTS SHOULD BE COMMENDED striking ‘‘(2)(B)’’ and inserting ‘‘(3)(B)’’. tion on the right of a taxpayer to raise an FOR THEIR DEDICATION AND (3) EFFECTIVE DATE.—The amendments issue, theory, or justification on an appeal CONTINUED SERVICE TO THE made by this subsection shall apply to peti- from a determination initially made by the tions filed under section 6330 of the Internal Internal Revenue Service that was not with- UNITED STATES DURING PUBLIC Revenue Code of 1986 after the date of the en- in the scope of the initial determination.’’. SERVICE RECOGNITION WEEK actment of this Act. (b) CLERICAL AMENDMENT.—The table of Mr. AKAKA (for himself, Ms. COL- SEC. 12. VENUE FOR APPEAL OF SPOUSAL RE- sections for chapter 77 of such Code is LINS, Mr. LEVIN, Mr. LIEBERMAN, Mr. LIEF AND COLLECTION CASES. amended by adding at the end the following CARPER, Mr. LAUTENBERG, Mr. WEBB, (a) IN GENERAL.—Paragraph (1) of section new item: 7482(b) of the Internal Revenue Code of 1986 and Mr. COONS) submitted the fol- ‘‘Sec. 7529. Prohibition on Internal Revenue lowing resolution; which was referred is amended— Service raising new issues in an (1) by striking ‘‘or’’ at the end of subpara- internal appeal.’’. to the Committee on Homeland Secu- graph (E), rity and Governmental Affairs: (c) EFFECTIVE DATE.—The amendments (2) by striking the period at the end of sub- made by this section shall apply to matters S. RES. 419 paragraph (F) and inserting a comma, and filed or pending with the Internal Revenue Whereas the week of May 6 through 12, (3) by inserting after subparagraph (F) the Service Office of Appeals on or after the date 2012, has been designated as ‘‘Public Service following new subparagraphs: of the enactment of this Act. Recognition Week’’ to honor the employees ‘‘(G) in the case of a petition under section of the Federal Government and State and 6015(e), the legal residence of the petitioner, UNITED STATES local governments of the United States of or HISPANIC CHAMBER OF COMMERCE, America; ‘‘(H) in the case of a petition under section Washington, DC, April 9, 2012. Whereas Public Service Recognition Week 6320 or 6330— Hon. JOHN CORNYN, provides an opportunity to recognize and ‘‘(i) the legal residence of the petitioner if U.S. Senate, promote the important contributions of pub- the petitioner is an individual, and Washington, DC. lic servants and honor the diverse men and ‘‘(ii) the principal place of business or prin- DEAR SENATOR CORNYN, The United States women who meet the needs of the United cipal office or agency if the petitioner is an Hispanic Chamber of Commerce (USHCC) States through work at all levels of govern- entity other than an individual.’’. would like to express its support and thank ment; (b) EFFECTIVE DATE.—The amendments made by this section shall apply to petitions you for introducing the Small Business Tax- Whereas millions of individuals work in filed after the date of enactment of this Act. payer Bill of Rights Act of 2012 (SBTBOR). government service in every city, county, As our organization advocates for legislation and State across the United States and in SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED DIS- that helps to build Hispanic owned busi- hundreds of cities abroad; CLOSURES OF INFORMATION. nesses and enhance America’s economy, it is Whereas public service is a noble calling (a) IN GENERAL.—Paragraphs (1), (2), (3), encouraging to see the SBTBOR introduced involving a variety of challenging and re- and (4) of section 7213(a) of the Internal Rev- on the Senate floor. warding professions; enue Code of 1986 are each amended by strik- As you are aware, Hispanic-owned firms Whereas the Federal Government and ing ‘‘$5,000’’ and inserting ‘‘$10,000’’. are the fastest growing segment of business State and local governments are responsive, (b) EFFECTIVE DATE.—The amendments across the country. We applaud you for rec- innovative, and effective because of the out- made by this section shall apply to disclo- ognizing this fact and, as a result, taking the standing work of public servants;

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Whereas the United States is a great and (4) honors those government employees S. RES. 420 prosperous country, and public service em- who have given their lives in service to their Whereas the Senate honors the sacrifices ployees contribute significantly to that country; made by the spouses and families of the fall- greatness and prosperity; (5) calls upon a new generation to consider en members of the Armed Forces of the Whereas the United States benefits daily a career in public service as an honorable United States; from the knowledge and skills of these high- profession; and Whereas Gold Star Wives of America, Inc. ly trained individuals; (6) encourages efforts to promote public represents the spouses and families of the Whereas public servants— service careers at all levels of government. members and veterans of the Armed Forces (1) defend our freedom and advance the in- Mr. AKAKA. Mr. President, today I of the United States who have died on active terests of the United States around the duty or as a result of a service-connected dis- world; rise to honor our Nation’s public serv- ants and once again submit a resolu- ability; (2) provide vital strategic support func- Whereas the primary mission of Gold Star tions to our military and serve in the Na- tion recognizing our public servants Wives of America, Inc. is to provide services, tional Guard and Reserves; during Public Service Recognition support, and friendship to the spouses of the (3) fight crime and fires; Week. fallen members and veterans of the Armed (4) ensure equal access to secure, efficient, This is the 28th year we will honor Forces of the United States; and affordable mail service; our public servants with Public Service Whereas, in 1945, Gold Star Wives of Amer- (5) deliver Social Security and Medicare ica, Inc. was organized with the help of Elea- benefits; Recognition Week during the first full week of May, this year from May 6–12. nor Roosevelt to assist the families left be- (6) fight disease and promote better health; hind by the fallen members and veterans of (7) protect the environment and the parks I am proud to once again take a mo- the Armed Forces of the United States; of the United States; ment to highlight the importance of Whereas the first meeting of Gold Star (8) enforce laws guaranteeing equal em- the work of our public servants and to Wives of America, Inc. was held on April 5, ployment opportunity and healthy working thank them for all that they do for this 1945; conditions; country. Whereas April 5, 2012, marks the 67th anni- (9) defend and secure critical infrastruc- versary of the first meeting of Gold Star ture; As a life-long public servant, I have worked with so many talented, hard- Wives of America, Inc.; (10) help the people of the United States re- Whereas the members and veterans of the cover from natural disasters and terrorist at- working people who have dedicated Armed Forces of the United States bear the tacks; their lives to helping others. I have burden of protecting the freedom of the peo- (11) teach and work in our schools and li- been inspired by meeting countless ple of the United States; and braries; men and women who come to work Whereas the sacrifices of the families of (12) develop new technologies and explore the fallen members and veterans of the the Earth, the Moon, and space to help im- every day to serve the communities Armed Forces of the United States should prove our understanding of how our world and their country. Our way of life would not exist without the work of never be forgotten: Now, therefore, be it changes; Resolved, That the Senate— (13) improve and secure our transportation these admirable men and women who (1) designates April 5, 2012, as ‘‘Gold Star systems; provide so many vital services to the Wives Day’’; (14) promote economic growth; and American people, including caring for (2) honors and recognizes— (15) assist the veterans of our country; our wounded warriors, teaching our (A) the contributions of the members of Whereas members of the uniformed serv- children, protecting our communities, Gold Star Wives of America, Inc.; and ices and civilian employees at all levels of (B) the dedication of the members of Gold government make significant contributions and keeping our nation safe. Public Service Recognition Week Star Wives of America, Inc. to the members to the general welfare of the United States, and veterans of the Armed Forces of the and are on the front lines in the fight to de- provides an opportunity not only to United States; and feat terrorism and maintain homeland secu- honor those who serve, but also to hear (3) encourages the people of the United rity; about the wide variety of careers in States to observe Gold Star Wives Day to Whereas public servants work in a profes- public service. Public employees use promote awareness of— sional manner to build relationships with the week to educate their fellow Amer- (A) the contributions and dedication of the other countries and cultures in order to bet- icans about how government serves members of Gold Star Wives of America, Inc. ter represent the interests and promote the to the members and veterans of the Armed ideals of the United States; them, and how government services make life better for us all. It is always Forces of the United States; and Whereas public servants alert Congress and (B) the important role Gold Star Wives of the public to government waste, fraud, and my hope that people will hear about America, Inc. plays in the lives of the abuse, and of dangers to public health; these great opportunities to give back spouses and families of the fallen members Whereas the men and women serving in the to their communities and be encour- and veterans of the Armed Forces of the Armed Forces of the United States, as well aged to consider a career in public United States. as those skilled trade and craft Federal em- service. ployees who provide support to their efforts, f While we have designated a week to are committed to doing their jobs regardless SENATE RESOLUTION 421—DESIG- pay tribute to government employees, of the circumstances, and contribute greatly NATING APRIL 20 THROUGH 22, it is so important that we continue to to the security of the country and the world; 2012, AS ‘‘GLOBAL YOUTH SERV- Whereas public servants have bravely honor the work of our public servants ICE DAY’’ fought in armed conflict in defense of this throughout the year. We face many country and its ideals, and deserve the care challenges both here at home and Ms. MURKOWSKI (for herself, Mr. and benefits they have earned through their abroad, and our public servants play an BEGICH, Mrs. MURRAY, Mr. COCHRAN, honorable service; integral role in moving our country Ms. MIKULSKI, Ms. STABENOW, Mr. Whereas government workers have much JOHNSON of South Dakota, Mr. AKAKA, to offer, as demonstrated by their expertise forward. It is important that we do not lose sight of all they do to keep our Mr. COONS, and Mr. UDALL of Colorado) and innovative ideas, and serve as examples submitted the following resolution; by passing on institutional knowledge to country strong. train the next generation of public servants; To all the dedicated men and women which was considered and agreed to: and currently serving our Nation, mahalo S. RES. 421 Whereas the week of May 6 through 12, nui loa, thank you very much, for all Whereas Global Youth Service Day is an 2012, marks the 28th anniversary of Public that you do. I encourage my colleagues annual event that celebrates and mobilizes Service Recognition Week: Now, therefore, to join me in recognizing the public the millions of children and young people be it who improve their communities each day of Resolved, That the Senate— servants in their states. the year through community service and (1) supports the designation of the week of f service-learning projects; May 6 through 12, 2012, as ‘‘Public Service Whereas Global Youth Service Day, a pro- Recognition Week’’; SENATE RESOLUTION 420—DESIG- gram of Youth Service America, is the larg- (2) commends public servants for their out- NATING APRIL 5, 2012, AS ‘‘GOLD est and longest-running service event in the standing contributions to this great country STAR WIVES DAY’’ world dedicated to engaging youth ages 5 during Public Service Recognition Week and through 25; throughout the year; Mr. BURR (for himself and Mrs. MUR- Whereas, in 2012, Global Youth Service Day (3) salutes government employees for their RAY) submitted the following resolu- is being observed for the 24th consecutive unyielding dedication to and spirit for public tion; which was considered and agreed year in the United States and for the 13th service; to: year globally in more than 100 countries;

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Whereas nearly 1⁄3 of the population of the (2) designates April 20 through 22, 2012, as (1) commends and congratulates the Uni- United States (approximately 104,000,000 peo- ‘‘Global Youth Service Day’’; and versity of Kentucky Wildcats on its out- ple) and nearly 1⁄2 of population of the world (3) calls on the people of the United States standing accomplishment; and is under the age of 25; to observe Global Youth Service Day by— (2) respectfully requests that the Secretary Whereas Global Youth Service Day assists (A) encouraging young people to partici- of the Senate transmit a copy of this resolu- children and young people to position them- pate in community service and service-learn- tion to the president of the University of selves as active citizens and community ing projects and to join their peers in those Kentucky. leaders as they apply their knowledge, skills, projects; idealism, energy, creativity, and unique per- (B) recognizing the volunteer efforts of the spectives to serve their communities and young people of the United States through- f help address a myriad of critical issues; out the year; and Whereas thousands of students and teach- (C) supporting the volunteer efforts of SENATE RESOLUTION 423—CON- ers in conjunction with local schools, col- young people and engaging them in meaning- GRATULATING WESTERN WASH- leges, and universities are planning Global ful community service, service-learning, and INGTON UNIVERSITY FOR WIN- Youth Service Day activities as part of a Se- decision-making opportunities as an invest- mester of Service, an extended service-learn- ment in the future of the United States. NING THE 2012 NATIONAL COLLE- ing campaign launched on Martin Luther GIATE ATHLETIC ASSOCIATION King, Jr. Day of Service, in which young peo- f DIVISION II MEN’S BASKETBALL ple spend the semester addressing a mean- CHAMPIONSHIP ingful community need connected to inten- SENATE RESOLUTION 422—COM- tional learning goals or academic standards MENDING AND CONGRATU- Mrs. MURRAY (for herself and Ms. over the course of not less than 70 hours; LATING THE UNIVERSITY OF CANTWELL) submitted the following Whereas Global Youth Service Day partici- KENTUCKY MEN’S BASKETBALL resolution; which was considered and pants are serving in conjunction with other TEAM FOR WINNING ITS EIGHTH community events, including Earth Day, J- agreed to: Serve, Great American Bake Sale National DIVISION I NATIONAL COLLE- S. RES. 423 Challenge Weekend, National Volunteer GIATE ATHLETIC ASSOCIATION Week, Kiwanis One Day, Alpha Phi Omega’s CHAMPIONSHIP Whereas, on March 24, 2012, for the first time in the 110-year history of the Western Spring Youth Service Day, Sigma Alpha Mr. MCCONNELL (for himself and Epsilon’s True Gentleman Day of Service, Washington University men’s basketball pro- Mr. PAUL) submitted the following res- National Day of Silence, National Environ- gram, the Western Washington University mental Education Week, National Park olution; which was considered and Vikings won the National Collegiate Ath- Week, National Student Leadership Week, agreed to: letic Association (commonly referred to as and World Malaria Day; S. RES. 422 the ‘‘NCAA’’) Division II Men’s Basketball Whereas Global Youth Service Day engages Whereas on April 2, 2012, the University of Championship with a victory over the Uni- millions of young people worldwide with the Kentucky Wildcats defeated the University versity of Montevallo by a score of 72 to 65; support of the Global Youth Service Network of Kansas Jayhawks, 67 to 59, in the final Whereas Western Washington University of Youth Service America, including more game of the National Collegiate Athletic As- guard John Allen, one of the most accurate than 200 National and Global Partners, 125 sociation (referred to in this preamble as free-throw shooters in the country, with a State and local Lead Agencies and Lead Or- ‘‘NCAA’’) Division I Men’s Basketball Tour- free-throw percentage of 88.7 percent, made 4 ganizers, and thousands of local schools, nament in New Orleans, Louisiana; free throws in a row to end a late comeback afterschool programs, youth development or- Whereas the Kentucky Wildcats have won 8 by the University of Montevallo in the ganizations, community organizations, faith- national titles, the second most in NCAA Di- fourth quarter; based organizations, government agencies, vision I men’s basketball history; Whereas the Vikings finished the 2012 sea- businesses, neighborhood associations, Whereas the Kentucky Wildcats are the son with an impressive record of 31 wins and tribes, and families; only men’s Division I college basketball pro- Whereas Youth Service America will pro- 5 losses; gram to have won NCAA national champion- Whereas head coach Brad Jackson was vide support to more than 800 schools and ships under 5 different coaches; named the National Association of Basket- community organizations, including State Whereas freshman center Anthony Davis ball Coaches Division II Coach of the Year; Farm GYSD Lead Agency and Good Neighbor was— grants, UnitedHealth Heroes grants, Sodexo (1) the recipient of the John R. Wooden Whereas the members of the 2012 Western Foundation Youth, Lead Organizer, and Award, the Naismith Trophy, and the Adolph Washington University men’s basketball School Engagement grants, Disney Friends F. Rupp Trophy, all for national player of team are excellent representatives of a uni- for Change grants, and Learn and Serve the year; versity that, as one of the premier academic America STEMester of Service grants; (2) named the United States Basketball institutions in the State of Washington, pro- Whereas, in 2011, youth volunteers who en- Writers Association player of the year, Asso- duces many outstanding student-athletes, gaged in Global Youth Service Day projects ciated Press player of the year, and Basket- leaders, and scholars; and served an estimated 1,417,000 hours of service ball Times player of the year; and Whereas the members of the 2012 Western that benefitted at least 885,000 individuals (3) selected to the Associated Press All- Washington University men’s basketball and contributed $30,267,120 worth of time to America first team and as the Most Out- team have brought great honor to them- their communities; standing Player of the NCAA Final Four selves, their families, Western Washington Whereas high-quality community service tournament; University, and the State of Washington: and service-learning programs increase— Whereas forward Michael Kidd-Gilchrist, Now, therefore, be it (1) the academic engagement and achieve- guard Doron Lamb, and center Anthony ment of young people; Davis were selected as members of the NCAA Resolved, That the Senate— (2) the workforce readiness and 21st cen- Final Four All-Tournament team; (1) congratulates Western Washington Uni- tury skills of young people; versity for winning the 2012 National Colle- (3) the civic knowledge and engagement of Whereas senior guard Darius Miller of Maysville, Kentucky set a school record for giate Athletic Association Division II Men’s young people; Basketball Championship; (4) the intercultural understanding and career games played with the Kentucky global citizenship of young people; and Wildcats men’s basketball team at 152; (2) recognizes the achievements of the (5) the connectedness and commitment of Whereas each player, coach, athletic train- players, coaches, students, and staff whose young people to their communities; and er, and staff member of the University of hard work and dedication helped Western Whereas the National and Community Kentucky basketball team dedicated their Washington University win the champion- Service Act of 1990 (42 U.S.C. 12501 et seq.) season and their tireless efforts to the suc- ship; and calls on the Corporation for National and cessful season of the team and the NCAA (3) respectfully requests that the Secretary Community Service, other Federal agencies championship; of the Senate transmit an enrolled copy of and departments, and the President of the Whereas residents of the Commonwealth of this resolution to— United States to recognize and support Kentucky and Wildcats fans worldwide are (A) Bruce Shepard, President of Western youth-led activities: Now, therefore, be it commended for their long-standing support, Washington University; Resolved, That the Senate— perseverance, and pride in the team; and (B) Lynda Goodrich, Director of Athletics (1) recognizes and commends the signifi- Whereas Coach John Calipari and the Uni- of Western Washington University; and cant contributions of young people of the versity of Kentucky Wildcats have brought (C) Brad Jackson, head coach of the West- United States and the world and encourages pride and honor to the Commonwealth of ern Washington University men’s basketball the continued engagement and support of Kentucky, which is rightly known as the col- team. young people dedicated to serving their lege basketball capital of the world: Now, neighbors, their communities, and their therefore, be it countries; Resolved, That the Senate—

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.050 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2401 SENATE CONCURRENT RESOLU- (2) NEW BUDGET AUTHORITY.—For purposes 302 and 311 of the Congressional Budget Act TION 41—SETTING FORTH THE of the enforcement of this resolution, the ap- of 1974, the amounts of outlays of the Fed- PRESIDENT’S BUDGET REQUEST propriate levels of total new budget author- eral Old-Age and Survivors Insurance Trust FOR THE UNITED STATES GOV- ity are as follows: Fund and the Federal Disability Insurance Fiscal year 2013: $2,981,512,000,000. Trust Fund are as follows: ERNMENT FOR FISCAL YEAR Fiscal year 2014: $3,036,509,000,000. Fiscal year 2013: $633,511,000,000. 2013, AND SETTING FORTH THE Fiscal year 2015: $3,183,712,000,000. Fiscal year 2014: $702,327,000,000. APPROPRIATE BUDGETARY LEV- Fiscal year 2016: $3,388,753,000,000. Fiscal year 2015: $748,181,000,000. ELS FOR FISCAL YEARS 2014 Fiscal year 2017: $3,545,013,000,000. Fiscal year 2016: $793,929,000,000. THROUGH 2022 Fiscal year 2018: $3,713,179,000,000. Fiscal year 2017: $842,735,000,000. Fiscal year 2019: $3,903,527,000,000. Fiscal year 2018: $892,086,000,000. Mr. SESSIONS submitted the fol- Fiscal year 2020: $4,116,158,000,000. Fiscal year 2019: $945,950,000,000. lowing concurrent resolution; which Fiscal year 2021: $4,299,370,000,000. Fiscal year 2020: $1,005,118,000,000. was placed on the calendar: Fiscal year 2022: $4,504,615,000,000. Fiscal year 2021: $1,067,329,000,000. Fiscal year 2022: $1,133,102,000,000. (3) BUDGET OUTLAYS.—For purposes of the S. CON. RES. 41 (c) SOCIAL SECURITY ADMINISTRATIVE EX- enforcement of this resolution, the appro- Resolved by the Senate (the House of Rep- PENSES.—In the Senate, the amounts of new priate levels of total budget outlays are as resentatives concurring), budget authority and budget outlays of the follows: Federal Old-Age and Survivors Insurance SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2013: $3,078,215,000,000. Trust Fund and the Federal Disability Insur- BUDGET FOR FISCAL YEAR 2013. Fiscal year 2014: $3,098,134,000,000. (a) DECLARATION.—Congress declares that Fiscal year 2015: $3,197,095,000,000. ance Trust Fund for administrative expenses this resolution is the concurrent resolution Fiscal year 2016: $3,385,620,000,000. are as follows: on the budget for fiscal year 2013 and that Fiscal year 2017: $3,506,849,000,000. Fiscal year 2013: this resolution sets forth the appropriate Fiscal year 2018: $3,653,640,000,000. (A) New budget authority, $5,766,000,000. budgetary levels for fiscal years 2014 through Fiscal year 2019: $3,875,989,000,000. (B) Outlays, $5,804,000,000. 2022. Fiscal year 2020: $4,070,744,000,000. Fiscal year 2014: (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2021: $4,264,323,000,000. (A) New budget authority, $6,004,000,000. tents for this concurrent resolution is as fol- Fiscal year 2022: $4,472,110,000,000. (B) Outlays, $6,004,000,000. lows: (4) DEFICITS.—For purposes of the enforce- Fiscal year 2015: Sec. 1. Concurrent resolution on the budget ment of this resolution, the amounts of the (A) New budget authority, $6,273,000,000. for fiscal year 2013. deficits are as follows: (B) Outlays, $6,231,000,000. Fiscal year 2016: TITLE I—RECOMMENDED LEVELS AND Fiscal year 2013: $1,012,419,000,000. (A) New budget authority, $6,389,000,000. AMOUNTS Fiscal year 2014: $724,634,000,000. Fiscal year 2015: $556,390,000,000. (B) Outlays, $6,362,000,000. Sec. 101. Recommended levels and amounts. Fiscal year 2016: $549,853,000,000. Fiscal year 2017: Sec. 102. Social Security. Fiscal year 2017: $510,558,000,000. (A) New budget authority, $6,622,000,000. Sec. 103. Postal Service discretionary ad- Fiscal year 2018: $529,752,000,000. (B) Outlays, $6,590,000,000. ministrative expenses. Fiscal year 2019: $613,219,000,000. Fiscal year 2018: Sec. 104. Major functional categories. Fiscal year 2020: $635,911,000,000. (A) New budget authority, $6,713,000,000. TITLE II—BUDGET PROCESS Fiscal year 2021: $658,183,000,000. (B) Outlays, $6,691,000,000. Subtitle A—Budget Enforcement Fiscal year 2022: $689,147,000,000. Fiscal year 2019: Sec. 201. Program integrity initiatives. (5) PUBLIC DEBT.—Pursuant to section (A) New budget authority, $6,811,000,000. Sec. 202. Point of order against advance ap- 301(a)(5) of the Congressional Budget Act of (B) Outlays, $6,796,000,000. propriations. 1974, the appropriate levels of the public debt Fiscal year 2020: (A) New budget authority, $6,903,000,000. Subtitle B—Other Provisions are as follows: Fiscal year 2013: $17,334,049,000,000. (B) Outlays, $6,888,000,000. Sec. 211. Budgetary treatment of certain dis- Fiscal year 2014: $18,271,207,000,000. Fiscal year 2021: cretionary administrative ex- Fiscal year 2015: $19,071,148,000,000. (A) New budget authority, $6,995,000,000. penses. Fiscal year 2016: $19,877,061,000,000. (B) Outlays, $6,980,000,000. Sec. 212. Application and effect of changes Fiscal year 2017: $20,646,099,000,000. Fiscal year 2022: in allocations and aggregates. Fiscal year 2018: $21,441,444,000,000. (A) New budget authority, $7,145,000,000. Sec. 213. Adjustments to reflect changes in Fiscal year 2019: $22,310,744,000,000. (B) Outlays, $7,123,000,000. concepts and definitions. Fiscal year 2020: $23,220,828,000,000. SEC. 103. POSTAL SERVICE DISCRETIONARY AD- Sec. 214. Exercise of rulemaking powers. Fiscal year 2021: $24,166,753,000,000. MINISTRATIVE EXPENSES. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2022: $25,146,966,000,000. In the Senate, the amounts of new budget AMOUNTS (6) DEBT HELD BY THE PUBLIC.—The appro- authority and budget outlays of the Postal SEC. 101. RECOMMENDED LEVELS AND priate levels of debt held by the public are as Service for discretionary administrative ex- AMOUNTS. follows: penses are as follows: The following budgetary levels are appro- Fiscal year 2013: $12,517,072,000,000. Fiscal year 2013: priate for each of fiscal years 2013 through Fiscal year 2014: $13,330,583,000,000. (A) New budget authority, $255,000,000. 2022: Fiscal year 2015: $13,981,546,000,000. (B) Outlays, $255,000,000. (1) FEDERAL REVENUES.—For purposes of Fiscal year 2016: $14,618,296,000,000. Fiscal year 2014: the enforcement of this resolution: Fiscal year 2017: $15,215,406,000,000. (A) New budget authority, $259,000,000. (A) The recommended levels of Federal Fiscal year 2018: $15,824,696,000,000. (B) Outlays, $259,000,000. revenues are as follows: Fiscal year 2019: $16,518,942,000,000. Fiscal year 2015: Fiscal year 2013: $2,065,796,000,000. Fiscal year 2020: $17,245,767,000,000. (A) New budget authority, $265,000,000. Fiscal year 2014: $2,373,500,000,000. Fiscal year 2021: $18,007,496,000,000. (B) Outlays, $265,000,000. Fiscal year 2015: $2,640,705,000,000. Fiscal year 2022: $18,818,701,000,000. Fiscal year 2016: Fiscal year 2016: $2,835,767,000,000. SEC. 102. SOCIAL SECURITY. (A) New budget authority, $270,000,000. Fiscal year 2017: $2,996,291,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- (B) Outlays, $270,000,000. Fiscal year 2018: $3,123,888,000,000. poses of Senate enforcement under sections Fiscal year 2017: Fiscal year 2019: $3,262,770,000,000. 302 and 311 of the Congressional Budget Act (A) New budget authority, $275,000,000. Fiscal year 2020: $3,434,833,000,000. of 1974, the amounts of revenues of the Fed- (B) Outlays, $275,000,000. Fiscal year 2021: $3,606,140,000,000. eral Old-Age and Survivors Insurance Trust Fiscal year 2018: Fiscal year 2022: $3,782,963,000,000. Fund and the Federal Disability Insurance (A) New budget authority, $281,000,000. (B) The amounts by which the aggregate Trust Fund are as follows: (B) Outlays, $281,000,000. levels of Federal revenues should be changed Fiscal year 2013: $675,000,000,000. Fiscal year 2019: are as follows: Fiscal year 2014: $731,033,000,000. (A) New budget authority, $288,000,000. Fiscal year 2013: –$227,543,000,000. Fiscal year 2015: $772,239,000,000. (B) Outlays, $288,000,000. Fiscal year 2014: –$177,683,000,000. Fiscal year 2016: $821,281,000,000. Fiscal year 2020: Fiscal year 2015: –$175,579,000,000. Fiscal year 2017: $871,591,000,000. (A) New budget authority, $294,000,000. Fiscal year 2016: –$180,339,000,000. Fiscal year 2018: $918,877,000,000. (B) Outlays, $294,000,000. Fiscal year 2017: –$198,048,000,000. Fiscal year 2019: $964,577,000,000. Fiscal year 2021: Fiscal year 2018: –$228,401,000,000. Fiscal year 2020: $1,010,152,000,000. (A) New budget authority, $301,000,000. Fiscal year 2019: –$255,802,000,000. Fiscal year 2021: $1,055,095,000,000. (B) Outlays, $301,000,000. Fiscal year 2020: –$273,187,000,000. Fiscal year 2022: $1,101,630,000,000. Fiscal year 2022: Fiscal year 2021: –$300,812,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- (A) New budget authority, $308,000,000. Fiscal year 2022: –$332,518,000,000. poses of Senate enforcement under sections (B) Outlays, $308,000,000.

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.045 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2402 CONGRESSIONAL RECORD — SENATE April 17, 2012 SEC. 104. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $33,357,000,000. (A) New budget authority, $20,025,000,000. Congress determines and declares that the (B) Outlays, $32,859,000,000. (B) Outlays, $19,578,000,000. appropriate levels of new budget authority Fiscal year 2020: Fiscal year 2018: and outlays for fiscal years 2012 through 2022 (A) New budget authority, $34,089,000,000. (A) New budget authority, $20,448,000,000. for each major functional category are: (B) Outlays, $33,576,000,000. (B) Outlays, $19,945,000,000. (1) National Defense (050): Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $34,824,000,000. (A) New budget authority, $20,112,000,000. (A) New budget authority, $648,175,000,000. (B) Outlays, $34,212,000,000. (B) Outlays, $19,656,000,000. (B) Outlays, $672,404,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $35,667,000,000. (A) New budget authority, $19,524,000,000. (A) New budget authority, $566,879,000,000. (B) Outlays, $34,996,000,000. (B) Outlays, $19,098,000,000. (B) Outlays, $611,178,000,000. (4) Energy (270): Fiscal year 2021: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $20,155,000,000. (A) New budget authority, $579,817,000,000. (A) New budget authority, $15,925,000,000. (B) Outlays, $19,718,000,000. (B) Outlays, $582,317,000,000. (B) Outlays, $13,042,000,000. Fiscal year 2022: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $19,965,000,000. (A) New budget authority, $590,329,000,000. (A) New budget authority, $6,434,000,000. (B) Outlays, $19,538,000,000. (B) Outlays, $586,364,000,000. (B) Outlays, $9,079,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $602,399,000,000. (A) New budget authority, $5,072,000,000. (A) New budget authority, $2,968,000,000. (B) Outlays, $590,002,000,000. (B) Outlays, $7,335,000,000. (B) Outlays, $5,769,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $615,052,000,000. (A) New budget authority, $4,929,000,000. (A) New budget authority, $8,357,000,000. (B) Outlays, $596,257,000,000. (B) Outlays, $6,200,000,000. (B) Outlays, ¥$2,293,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $628,979,000,000. (A) New budget authority, $4,653,000,000. (A) New budget authority, $7,366,000,000. (B) Outlays, $614,002,000,000. (B) Outlays, $5,244,000,000. (B) Outlays, ¥$4,783,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $642,907,000,000. (A) New budget authority, $4,594,000,000. (A) New budget authority, $8,145,000,000. (B) Outlays, $628,328,000,000. (B) Outlays, $4,215,000,000. (B) Outlays, ¥$6,537,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $656,291,000,000. (A) New budget authority, $4,534,000,000. (A) New budget authority, $9,758,000,000. (B) Outlays, $641,663,000,000. (B) Outlays, $4,348,000,000. (B) Outlays, ¥$6,533,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $673,651,000,000. (A) New budget authority, $4,545,000,000. (A) New budget authority, $12,253,000,000. (B) Outlays, $662,113,000,000. (B) Outlays, $4,207,000,000. (B) Outlays, ¥$4,945,000,000. (2) International Affairs (150): Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $4,507,000,000. (A) New budget authority, $14,773,000,000. (A) New budget authority, $58,583,000,000. (B) Outlays, $4,133,000,000. (B) Outlays, ¥$8,348,000,000. (B) Outlays, $55,040,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $4,618,000,000. (A) New budget authority, $22,613,000,000. (A) New budget authority, $49,241,000,000. (B) Outlays, $4,174,000,000. (B) Outlays, ¥$2,240,000,000. (B) Outlays, $54,376,000,000. (5) Natural Resources and Environment Fiscal year 2021: Fiscal year 2015: (300): (A) New budget authority, $15,563,000,000. (A) New budget authority, $47,643,000,000. Fiscal year 2013: (B) Outlays, $474,000,000. (B) Outlays, $52,737,000,000. (A) New budget authority, $35,430,000,000. Fiscal year 2022: Fiscal year 2016: (B) Outlays, $40,460,000,000. (A) New budget authority, $20,101,000,000. (A) New budget authority, $47,666,000,000. Fiscal year 2014: (B) Outlays, $2,275,000,000. (B) Outlays, $52,374,000,000. (A) New budget authority, $36,447,000,000. (8) Transportation (400): Fiscal year 2017: (B) Outlays, $38,559,000,000. Fiscal year 2013: (A) New budget authority, $50,315,000,000. Fiscal year 2015: (A) New budget authority, $88,386,000,000. (B) Outlays, $52,423,000,000. (A) New budget authority, $36,804,000,000. (B) Outlays, $102,364,000,000. Fiscal year 2018: (B) Outlays, $38,130,000,000. Fiscal year 2014: (A) New budget authority, $52,464,000,000. Fiscal year 2016: (A) New budget authority, $101,243,000,000. (B) Outlays, $52,555,000,000. (A) New budget authority, $37,608,000,000. (B) Outlays, $105,524,000,000. Fiscal year 2019: (B) Outlays, $38,030,000,000. Fiscal year 2015: (A) New budget authority, $53,679,000,000. Fiscal year 2017: (A) New budget authority, $107,661,000,000. (B) Outlays, $51,573,000,000. (A) New budget authority, $38,727,000,000. (B) Outlays, $104,782,000,000. Fiscal year 2020: (B) Outlays, $38,879,000,000. Fiscal year 2016: (A) New budget authority, $54,906,000,000. Fiscal year 2018: (A) New budget authority, $114,471,000,000. (B) Outlays, $51,721,000,000. (A) New budget authority, $40,121,000,000. (B) Outlays, $107,766,000,000. Fiscal year 2021: (B) Outlays, $39,015,000,000. Fiscal year 2017: (A) New budget authority, $56,141,000,000. Fiscal year 2019: (A) New budget authority, $120,819,000,000. (B) Outlays, $52,815,000,000. (A) New budget authority, $41,011,000,000. (B) Outlays, $112,009,000,000. Fiscal year 2022: (B) Outlays, $39,972,000,000. Fiscal year 2018: (A) New budget authority, $57,909,000,000. Fiscal year 2020: (A) New budget authority, $127,262,000,000. (B) Outlays, $54,178,000,000. (A) New budget authority, $42,307,000,000. (B) Outlays, $115,782,000,000. (3) General Science, Space, and Technology (B) Outlays, $41,148,000,000. Fiscal year 2019: (250): Fiscal year 2021: (A) New budget authority, $92,354,000,000. Fiscal year 2013: (A) New budget authority, $42,558,000,000. (B) Outlays, $113,424,000,000. (A) New budget authority, $29,556,000,000. (B) Outlays, $41,715,000,000. Fiscal year 2020: (B) Outlays, $29,840,000,000. Fiscal year 2022: (A) New budget authority, $94,123,000,000. Fiscal year 2014: (A) New budget authority, $43,419,000,000. (B) Outlays, $107,580,000,000. (A) New budget authority, $30,091,000,000. (B) Outlays, $42,362,000,000. Fiscal year 2021: (B) Outlays, $29,964,000,000. (6) Agriculture (350): (A) New budget authority, $95,934,000,000. Fiscal year 2015: Fiscal year 2013: (B) Outlays, $105,310,000,000. (A) New budget authority, $30,654,000,000. (A) New budget authority, $21,834,000,000. Fiscal year 2022: (B) Outlays, $30,335,000,000. (B) Outlays, $24,722,000,000. (A) New budget authority, $97,877,000,000. Fiscal year 2016: Fiscal year 2014: (B) Outlays, $104,566,000,000. (A) New budget authority, $31,244,000,000. (A) New budget authority, $16,804,000,000. (9) Community and Regional Development (B) Outlays, $30,890,000,000. (B) Outlays, $17,373,000,000. (450): Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $31,920,000,000. (A) New budget authority, $21,079,000,000. (A) New budget authority, $17,509,000,000. (B) Outlays, $31,523,000,000. (B) Outlays, $20,842,000,000. (B) Outlays, $24,695,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $32,623,000,000. (A) New budget authority, $20,488,000,000. (A) New budget authority, $12,125,000,000. (B) Outlays, $32,200,000,000. (B) Outlays, $20,059,000,000. (B) Outlays, $26,292,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2015:

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.047 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2403 (A) New budget authority, $12,339,000,000. (A) New budget authority, $525,876,000,000. Fiscal year 2022: (B) Outlays, $25,812,000,000. (B) Outlays, $525,716,000,000. (A) New budget authority, $68,079,000,000. Fiscal year 2016: Fiscal year 2014: (B) Outlays, $68,079,000,000. (A) New budget authority, $12,573,000,000. (A) New budget authority, $553,675,000,000. (15) Veterans Benefits and Services (700): (B) Outlays, $20,110,000,000. (B) Outlays, $552,981,000,000. Fiscal year 2013: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $135,651,000,000. (A) New budget authority, $12,843,000,000. (A) New budget authority, $570,815,000,000. (B) Outlays, $135,289,000,000. (B) Outlays, $16,523,000,000. (B) Outlays, $570,407,000,000. Fiscal year 2014: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $136,996,000,000. (A) New budget authority, $13,121,000,000. (A) New budget authority, $617,954,000,000. (B) Outlays, $137,447,000,000. (B) Outlays, $14,301,000,000. (B) Outlays, $617,756,000,000. Fiscal year 2015: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $139,827,000,000. (A) New budget authority, $13,410,000,000. (A) New budget authority, $633,488,000,000. (B) Outlays, $139,964,000,000. (B) Outlays, $13,848,000,000. (B) Outlays, $632,808,000,000. Fiscal year 2016: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $148,005,000,000. (A) New budget authority, $13,705,000,000. (A) New budget authority, $653,683,000,000. (B) Outlays, $147,807,000,000. (B) Outlays, $14,046,000,000. (B) Outlays, $653,276,000,000. Fiscal year 2017: Fiscal year 2021: Fiscal year 2019: (A) New budget authority, $146,445,000,000. (A) New budget authority, $13,999,000,000. (A) New budget authority, $715,518,000,000. (B) Outlays, $146,074,000,000. (B) Outlays, $14,583,000,000. (B) Outlays, $715,315,000,000. Fiscal year 2018: Fiscal year 2022: Fiscal year 2020: (A) New budget authority, $144,620,000,000. (A) New budget authority, $14,343,000,000. (A) New budget authority, $763,016,000,000. (B) Outlays, $143,993,000,000. (B) Outlays, $14,958,000,000. (B) Outlays, $762,316,000,000. Fiscal year 2019: (10) Education, Training, Employment, and Fiscal year 2021: (A) New budget authority, $153,568,000,000. Social Services (500): (A) New budget authority, $810,664,000,000. (B) Outlays, $152,909,000,000. Fiscal year 2013: (B) Outlays, $810,230,000,000. Fiscal year 2020: (A) New budget authority, $82,028,000,000. Fiscal year 2022: (A) New budget authority, $157,302,000,000. (B) Outlays, $122,483,000,000. (A) New budget authority, $885,513,000,000. (B) Outlays, $156,643,000,000. Fiscal year 2014: (B) Outlays, $885,426,000,000. Fiscal year 2021: (A) New budget authority, $87,194,000,000. (13) Income Security (600): (A) New budget authority, $161,056,000,000. (B) Outlays, $107,191,000,000. Fiscal year 2013: (B) Outlays, $160,370,000,000. Fiscal year 2015: (A) New budget authority, $545,622,000,000. Fiscal year 2022: (A) New budget authority, $85,938,000,000. (B) Outlays, $542,562,000,000. (A) New budget authority, $170,839,000,000. (B) Outlays, $101,331,000,000. Fiscal year 2014: (B) Outlays, $170,088,000,000. Fiscal year 2016: (A) New budget authority, $537,970,000,000. (16) Administration of Justice (750): (A) New budget authority, $85,960,000,000. (B) Outlays, $534,946,000,000. Fiscal year 2013: (B) Outlays, $92,781,000,000. Fiscal year 2015: (A) New budget authority, $53,772,000,000. Fiscal year 2017: (A) New budget authority, $538,691,000,000. (B) Outlays, $58,831,000,000. (A) New budget authority, $95,143,000,000. (B) Outlays, $533,883,000,000. Fiscal year 2014: (B) Outlays, $92,808,000,000. Fiscal year 2016: (A) New budget authority, $55,029,000,000. Fiscal year 2018: (A) New budget authority, $546,156,000,000. (B) Outlays, $57,404,000,000. (A) New budget authority, $99,647,000,000. (B) Outlays, $545,811,000,000. Fiscal year 2015: (B) Outlays, $98,392,000,000. Fiscal year 2017: (A) New budget authority, $55,792,000,000. Fiscal year 2019: (A) New budget authority, $544,282,000,000. (B) Outlays, $56,371,000,000. (A) New budget authority, $103,464,000,000. (B) Outlays, $539,685,000,000. Fiscal year 2016: (B) Outlays, $102,181,000,000. Fiscal year 2018: (A) New budget authority, $58,542,000,000. Fiscal year 2020: (A) New budget authority, $546,446,000,000. (B) Outlays, $58,214,000,000. (A) New budget authority, $104,120,000,000. (B) Outlays, $538,021,000,000. Fiscal year 2017: (B) Outlays, $104,073,000,000. Fiscal year 2019: (A) New budget authority, $57,889,000,000. Fiscal year 2021: (A) New budget authority, $561,786,000,000. (B) Outlays, $57,538,000,000. (A) New budget authority, $105,157,000,000. (B) Outlays, $558,295,000,000. Fiscal year 2018: (B) Outlays, $105,085,000,000. Fiscal year 2020: (A) New budget authority, $58,992,000,000. Fiscal year 2022: (A) New budget authority, $573,480,000,000. (B) Outlays, $60,408,000,000. (A) New budget authority, $106,690,000,000. (B) Outlays, $570,338,000,000. Fiscal year 2019: (B) Outlays, $106,209,000,000. Fiscal year 2021: (A) New budget authority, $60,204,000,000. (11) Health (550): (A) New budget authority, $586,855,000,000. (B) Outlays, $60,504,000,000. Fiscal year 2013: (B) Outlays, $583,571,000,000. Fiscal year 2020: (A) New budget authority, $372,835,000,000. Fiscal year 2022: (A) New budget authority, $61,406,000,000. (B) Outlays, $375,955,000,000. (A) New budget authority, $604,517,000,000. (B) Outlays, $61,011,000,000. Fiscal year 2014: (B) Outlays, $605,786,000,000. Fiscal year 2021: (A) New budget authority, $473,879,000,000. (14) Social Security (650): (A) New budget authority, $62,772,000,000. (B) Outlays, $464,352,000,000. Fiscal year 2013: (B) Outlays, $62,348,000,000. Fiscal year 2015: (A) New budget authority, $53,416,000,000. Fiscal year 2022: (A) New budget authority, $542,160,000,000. (B) Outlays, $53,496,000,000. (A) New budget authority, $67,988,000,000. (B) Outlays, $538,003,000,000. Fiscal year 2014: (B) Outlays, $67,496,000,000. Fiscal year 2016: (A) New budget authority, $31,892,000,000. (17) General Government (800): (A) New budget authority, $590,904,000,000. (B) Outlays, $32,002,000,000. Fiscal year 2013: (B) Outlays, $594,729,000,000. Fiscal year 2015: (A) New budget authority, $25,808,000,000. Fiscal year 2017: (A) New budget authority, $35,135,000,000. (B) Outlays, $27,408,000,000. (A) New budget authority, $626,658,000,000. (B) Outlays, $35,210,000,000. Fiscal year 2014: (B) Outlays, $629,150,000,000. Fiscal year 2016: (A) New budget authority, $27,256,000,000. Fiscal year 2018: (A) New budget authority, $38,953,000,000. (B) Outlays, $27,706,000,000. (A) New budget authority, $664,032,000,000. (B) Outlays, $38,991,000,000. Fiscal year 2015: (B) Outlays, $662,930,000,000. Fiscal year 2017: (A) New budget authority, $29,196,000,000. Fiscal year 2019: (A) New budget authority, $43,140,000,000. (B) Outlays, $29,376,000,000. (A) New budget authority, $707,099,000,000. (B) Outlays, $43,140,000,000. Fiscal year 2016: (B) Outlays, $706,061,000,000. Fiscal year 2018: (A) New budget authority, $31,275,000,000. Fiscal year 2020: (A) New budget authority, $47,590,000,000. (B) Outlays, $31,459,000,000. (A) New budget authority, $761,258,000,000. (B) Outlays, $47,590,000,000. Fiscal year 2017: (B) Outlays, $749,868,000,000. Fiscal year 2019: (A) New budget authority, $33,433,000,000. Fiscal year 2021: (A) New budget authority, $52,429,000,000. (B) Outlays, $33,300,000,000. (A) New budget authority, $800,618,000,000. (B) Outlays, $52,429,000,000. Fiscal year 2018: (B) Outlays, $799,481,000,000. Fiscal year 2020: (A) New budget authority, $35,613,000,000. Fiscal year 2022: (A) New budget authority, $57,425,000,000. (B) Outlays, $35,417,000,000. (A) New budget authority, $851,615,000,000. (B) Outlays, $57,425,000,000. Fiscal year 2019: (B) Outlays, $849,973,000,000. Fiscal year 2021: (A) New budget authority, $37,969,000,000. (12) Medicare (570): (A) New budget authority, $62,604,000,000. (B) Outlays, $37,513,000,000. Fiscal year 2013: (B) Outlays, $62,604,000,000. Fiscal year 2020:

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.047 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2404 CONGRESSIONAL RECORD — SENATE April 17, 2012 (A) New budget authority, $40,338,000,000. (B) Outlays, ¥$94,140,000,000. $2,011,000,000 is available for additional or en- (B) Outlays, $39,900,000,000. Fiscal year 2019: hanced tax enforcement; Fiscal year 2021: (A) New budget authority, (VIII) for fiscal year 2020, an appropriation (A) New budget authority, $42,762,000,000. ¥$100,689,000,000. of $13,956,000,000, of which not less than (B) Outlays, $42,226,000,000. (B) Outlays, ¥$100,688,000,000. $2,079,000,000 is available for additional or en- Fiscal year 2022: Fiscal year 2020: hanced tax enforcement; and (A) New budget authority, $45,219,000,000. (A) New budget authority, ¥$99,551,000,000. (IX) for fiscal year 2021, an appropriation of (B) Outlays, $44,669,000,000. (B) Outlays, ¥$99,550,000,000. $14,411,000,000, of which not less than (18) Net Interest (900): Fiscal year 2021: $2,147,000,000 is available for additional or en- Fiscal year 2013: (A) New budget authority, hanced tax enforcement. (A) New budget authority, $347,234,000,000. ¥$103,660,000,000. (B) UNEMPLOYMENT INSURANCE IMPROPER (B) Outlays, $347,234,000,000. (B) Outlays, ¥$103,659,000,000. PAYMENT REVIEWS.— Fiscal year 2014: Fiscal year 2022: (i) IN GENERAL.—If a bill or joint resolution (A) New budget authority, $360,341,000,000. (A) New budget authority, is reported making appropriations in a fiscal (B) Outlays, $360,341,000,000. ¥$105,959,000,000. year of the amount specified in clause (ii) for Fiscal year 2015: (B) Outlays, ¥$105,959,000,000. in-person reemployment and eligibility as- (A) New budget authority, $400,112,000,000. sessments and unemployment insurance im- (B) Outlays, $400,112,000,000. TITLE II—BUDGET PROCESS proper payment reviews, and provides an ad- Fiscal year 2016: Subtitle A—Budget Enforcement ditional appropriation of up to an amount (A) New budget authority, $466,938,000,000. SEC. 201. PROGRAM INTEGRITY INITIATIVES. further specified in clause (ii) for in-person (B) Outlays, $466,938,000,000. reemployment and eligibility assessments (a) ADJUSTMENTS IN THE SENATE.— Fiscal year 2017: and unemployment insurance improper pay- (1) IN GENERAL.—After the reporting of a (A) New budget authority, $539,743,000,000. ment reviews, then the allocation to the bill or joint resolution relating to any mat- (B) Outlays, $539,743,000,000. Committee on Appropriations of the Senate, ter described in paragraph (2), or the offering Fiscal year 2018: and aggregates for that year may be adjusted of an amendment or motion thereto or the (A) New budget authority, $614,473,000,000. by an amount in budget authority and out- (B) Outlays, $614,473,000,000. submission of a conference report thereon— lays flowing therefrom not to exceed the ad- Fiscal year 2019: (A) the Chairman of the Committee on the ditional appropriation provided in such legis- (A) New budget authority, $686,716,000,000. Budget of the Senate may adjust the budg- lation for that purpose for that fiscal year. etary aggregates, and allocations pursuant (B) Outlays, $646,716,000,000. (ii) AMOUNTS SPECIFIED.—The amounts Fiscal year 2020: to section 302(a) of the Congressional Budget specified are— (A) New budget authority, $751,343,000,000. Act of 1974, by the amount of new budget au- (I) for fiscal year 2013, an appropriation of (B) Outlays, $751,343,000,000. thority in that measure for that purpose and $60,000,000, and an additional appropriation Fiscal year 2021: the outlays flowing therefrom; and of $15,000,000; (A) New budget authority, $804,643,000,000. (B) following any adjustment under sub- (II) for fiscal year 2014, an appropriation of (B) Outlays, $804,643,000,000. paragraph (A), the Committee on Appropria- $60,000,000, and an additional appropriation Fiscal year 2022: tions of the Senate may report appropriately of $20,000,000; (A) New budget authority, $858,474,000,000. revised suballocations pursuant to section (III) for fiscal year 2015, an appropriation (B) Outlays, $858,474,000,000. 302(b) of the Congressional Budget Act of 1974 of $60,000,000, and an additional appropria- (19) Allowances (920): to carry out this subsection. tion of $25,000,000; Fiscal year 2013: (2) MATTERS DESCRIBED.—Matters referred (IV) for fiscal year 2016, an appropriation of (A) New budget authority, $0. to in paragraph (1) are as follows: $60,000,000, and an additional appropriation (B) Outlays, $0. (A) INTERNAL REVENUE SERVICE TAX EN- of $30,000,000; Fiscal year 2014: FORCEMENT.— (V) for fiscal year 2017, an appropriation of (A) New budget authority, $24,806,000,000. (i) IN GENERAL.—If a bill or joint resolution $60,000,000, and an additional appropriation (B) Outlays, $13,861,000,000. is reported making appropriations in a fiscal of $35,000,000; Fiscal year 2015: year to the Internal Revenue Service of not (VI) for fiscal year 2018, an appropriation of (A) New budget authority, $23,898,000,000. less than the amount specified in clause (ii) $60,000,000, and an additional appropriation (B) Outlays, $20,717,000,000. for tax enforcement to address the Federal of $36,000,000; Fiscal year 2016: tax gap (taxes owed but not paid), of which (VII) for fiscal year 2019, an appropriation (A) New budget authority, $23,873,000,000. not less than the amount further specified in of $60,000,000, and an additional appropria- (B) Outlays, $23,137,000,000. clause (ii) shall be available for additional or tion of $37,000,000; Fiscal year 2017: enhanced tax enforcement, or both, then the (VIII) for fiscal year 2020, an appropriation (A) New budget authority, $24,357,000,000. allocation to the Committee on Appropria- of $60,000,000, and an additional appropria- (B) Outlays, $23,978,000,000. tions of the Senate, and aggregates for that tion of $38,000,000; and Fiscal year 2018: year may be adjusted by the amount in budg- (IX) for fiscal year 2021, an appropriation of (A) New budget authority, $24,286,000,000. et authority and outlays flowing therefrom $60,000,000, and an additional appropriation (B) Outlays, $23,955,000,000. not to exceed the amount of additional or en- of $39,000,000. Fiscal year 2019: hanced tax enforcement provided in such leg- SEC. 202. POINT OF ORDER AGAINST ADVANCE (A) New budget authority, $23,254,000,000. islation for that fiscal year. APPROPRIATIONS. (B) Outlays, $23,420,000,000. (ii) AMOUNTS SPECIFIED.—The amounts (a) IN GENERAL.— Fiscal year 2020: specified are— (1) POINT OF ORDER.—Except as provided in (A) New budget authority, $17,302,000,000. (I) for fiscal year 2013, an appropriation of subsection (b), it shall not be in order in the (B) Outlays, $19,913,000,000. $10,178,000,000, of which not less than Senate to consider any bill, joint resolution, Fiscal year 2021: $691,000,000 is available for additional or en- motion, amendment, or conference report (A) New budget authority, $25,927,000,000. hanced tax enforcement; that would provide an advance appropria- (B) Outlays, $22,801,000,000. (II) for fiscal year 2014, an appropriation of tion. Fiscal year 2022: $10,775,000,000, of which not less than (2) DEFINITION.—In this section, the term (A) New budget authority, ¥$15,910,000,000. $1,018,000,000 is available for additional or en- ‘‘advance appropriation’’ means any new (B) Outlays, ¥$17,291,000,000. hanced tax enforcement; budget authority provided in a bill or joint (20) Undistributed Offsetting Receipts (950): (III) for fiscal year 2015, an appropriation resolution making appropriations for fiscal Fiscal year 2013: of $11,367,000,000, of which not less than year 2013 that first becomes available for any (A) New budget authority, ¥$79,096,000,000. $1,328,000,000 is available for additional or en- fiscal year after 2013, or any new budget au- (B) Outlays, ¥$79,095,000,000. hanced tax enforcement; thority provided in a bill or joint resolution Fiscal year 2014: (IV) for fiscal year 2016, an appropriation of making general appropriations or continuing (A) New budget authority, ¥$80,150,000,000. $12,002,000,000, of which not less than appropriations for fiscal year 2014, that first (B) Outlays, ¥$80,149,000,000. $1,645,000,000 is available for additional or en- becomes available for any fiscal year after Fiscal year 2015: hanced tax enforcement; 2014. (A) New budget authority, ¥$85,787,000,000. (V) for fiscal year 2017, an appropriation of (b) EXCEPTIONS.—Advance appropriations (B) Outlays, ¥$85,786,000,000. $12,690,000,000, of which not less than may be provided— Fiscal year 2016: $1,975,000,000 is available for additional or en- (1) for fiscal years 2014 for programs, (A) New budget authority, ¥$87,260,000,000. hanced tax enforcement; projects, activities, or accounts identified in (B) Outlays, ¥$87,259,000,000. (VI) for fiscal year 2018, an appropriation of the joint explanatory statement of managers Fiscal year 2017: $13,061,000,000, of which not less than accompanying this resolution under the (A) New budget authority, ¥$91,024,000,000. $1,969,000,000 is available for additional or en- heading ‘‘Accounts Identified for Advance (B) Outlays, ¥$91,023,000,000. hanced tax enforcement; Appropriations’’ in an aggregate amount not Fiscal year 2018: (VII) for fiscal year 2019, an appropriation to exceed $28,858,000,000 in new budget au- (A) New budget authority, ¥$94,141,000,000. of $13,506,000,000, of which not less than thority in each year;

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(2) for the Corporation for Public Broad- (c) BUDGET COMMITTEE DETERMINATIONS.— SA 2012. Mrs. FEINSTEIN submitted an casting; For purposes of this resolution the levels of amendment intended to be proposed by her (3) for the Department of Veterans Affairs new budget authority, outlays, direct spend- to the bill S. 1789, supra; which was ordered for the Medical Services, Medical Support ing, new entitlement authority, revenues, to lie on the table. and Compliance, and Medical Facilities ac- deficits, and surpluses for a fiscal year or pe- SA 2013. Mr. REID proposed an amendment counts of the Veterans Health Administra- riod of fiscal years shall be determined on to amendment SA 2000 proposed by Mr. REID tion; and the basis of estimates made by the Com- (for Mr. LIEBERMAN (for himself, Ms. COL- (4) for the Department of Defense for the mittee on the Budget of the Senate. LINS, Mr. CARPER, and Mr. BROWN of Massa- Missile Procurement account of the Air SEC. 213. ADJUSTMENTS TO REFLECT CHANGES chusetts)) to the bill S. 1789, supra. Force for procurement of the Advanced Ex- IN CONCEPTS AND DEFINITIONS. SA 2014. Mr. REID proposed an amendment tremely High Frequency and Space-based In- Upon the enactment of a bill or joint reso- to amendment SA 2013 proposed by Mr. REID frared Systems satellites. lution providing for a change in concepts or to the amendment SA 2000 proposed by Mr. (c) SUPERMAJORITY WAIVER AND APPEAL.— definitions, the Chairman of the Committee REID (for Mr. LIEBERMAN (for himself, Ms. (1) WAIVER.—In the Senate, subsection (a) on the Budget of the Senate may make ad- COLLINS, Mr. CARPER, and Mr. BROWN of Mas- may be waived or suspended only by an af- justments to the levels and allocations in sachusetts)) to the bill S. 1789, supra. firmative vote of three-fifths of the Mem- this resolution in accordance with section SA 2015. Mr. REID proposed an amendment bers, duly chosen and sworn. 251(b) of the Balanced Budget and Emergency to the bill S. 1789, supra. (2) APPEAL.—An affirmative vote of three- Deficit Control Act of 1985. SA 2016. Mr. REID proposed an amendment fifths of the Members of the Senate, duly SEC. 214. EXERCISE OF RULEMAKING POWERS. to amendment SA 2015 proposed by Mr. REID chosen and sworn, shall be required to sus- Congress adopts the provisions of this to the bill S. 1789, supra. tain an appeal of the ruling of the Chair on title— a point of order raised under subsection (a). (1) as an exercise of the rulemaking power SA 2017. Mr. REID proposed an amendment (d) FORM OF POINT OF ORDER.—A point of of the Senate, and as such they shall be con- to the bill S. 1789, supra. order under subsection (a) may be raised by sidered as part of the rules of the Senate and SA 2018. Mr. REID proposed an amendment a Senator as provided in section 313(e) of the such rules shall supersede other rules only to to amendment SA 2017 proposed by Mr. REID Congressional Budget Act of 1974. the extent that they are inconsistent with to the bill S. 1789, supra. (e) CONFERENCE REPORTS.—When the Sen- such other rules; and SA 2019. Mr. REID proposed an amendment ate is considering a conference report on, or (2) with full recognition of the constitu- to amendment SA 2018 proposed by Mr. REID an amendment between the Houses in rela- to the amendment SA 2017 proposed by Mr. tion to, a bill, upon a point of order being tional right of the Senate to change those REID to the bill S. 1789, supra. made by any Senator pursuant to this sec- rules at any time, in the same manner, and tion, and such point of order being sustained, to the same extent as is the case of any other SA 2020. Mr. WYDEN (for himself, Mrs. such material contained in such conference rule of the Senate. FEINSTEIN, Mr. MERKLEY, and Mr. TESTER) report shall be deemed stricken, and the Sen- f submitted an amendment intended to be pro- posed by him to the bill S. 1789, supra; which ate shall proceed to consider the question of AMENDMENTS SUBMITTED AND whether the Senate shall recede from its was ordered to lie on the table. amendment and concur with a further PROPOSED SA 2021. Mr. TESTER submitted an amend- amendment, or concur in the House amend- SA 2001. Mr. MCCAIN (for himself, Mr. ment intended to be proposed by him to the ment with a further amendment, as the case COBURN, and Mr. JOHNSON of Wisconsin) sub- bill S. 1789, supra; which was ordered to lie may be, which further amendment shall con- mitted an amendment intended to be pro- on the table. sist of only that portion of the conference re- posed by him to the bill S. 1789, to improve, SA 2022. Mr. BENNET (for himself and Mr. port or House amendment, as the case may sustain, and transform the United States BLUNT) submitted an amendment intended to be, not so stricken. Any such motion in the Postal Service; which was ordered to lie on be proposed by him to the bill S. 1789, supra; Senate shall be debatable. In any case in the table. which was ordered to lie on the table. which such point of order is sustained SA 2002. Ms. MIKULSKI submitted an SA 2023. Mr. PAUL submitted an amend- against a conference report (or Senate amendment intended to be proposed by her ment intended to be proposed by him to the amendment derived from such conference re- to the bill S. 1789, supra; which was ordered bill S. 1789, supra; which was ordered to lie port by operation of this subsection), no fur- to lie on the table. on the table. ther amendment shall be in order. SA 2003. Ms. MIKULSKI submitted an SA 2024. Mr. PAUL submitted an amend- (f) INAPPLICABILITY.—In the Senate, section amendment intended to be proposed by her ment intended to be proposed by him to the 402 of S. Con. Res. 13 (111th Congress) shall to the bill S. 1789, supra; which was ordered bill S. 1789, supra; which was ordered to lie no longer apply. to lie on the table. on the table. Subtitle B—Other Provisions SA 2004. Ms. MIKULSKI submitted an SA 2025. Mr. PAUL submitted an amend- SEC. 211. BUDGETARY TREATMENT OF CERTAIN amendment intended to be proposed by her to the bill S. 1789, supra; which was ordered ment intended to be proposed by him to the DISCRETIONARY ADMINISTRATIVE bill S. 1789, supra; which was ordered to lie EXPENSES. to lie on the table. In the Senate, notwithstanding section SA 2005. Ms. MIKULSKI submitted an on the table. 302(a)(1) of the Congressional Budget Act of amendment intended to be proposed by her SA 2026. Mr. PAUL submitted an amend- 1974, section 13301 of the Budget Enforcement to the bill S. 1789, supra; which was ordered ment intended to be proposed by him to the Act of 1990, and section 2009a of title 39, to lie on the table. bill S. 1789, supra; which was ordered to lie United States Code, the joint explanatory SA 2006. Mr. INHOFE submitted an amend- on the table. statement accompanying the conference re- ment intended to be proposed by him to the SA 2027. Mr. PAUL submitted an amend- port on any concurrent resolution on the bill S. 1789, supra; which was ordered to lie ment intended to be proposed by him to the budget shall include in its allocations under on the table. bill S. 1789, supra; which was ordered to lie section 302(a) of the Congressional Budget SA 2007. Mr. MCCAIN (for himself, Mr. on the table. Act of 1974 to the Committees on Appropria- COBURN, and Mr. JOHNSON of Wisconsin) sub- SA 2028. Mr. PAUL submitted an amend- tions amounts for the discretionary adminis- mitted an amendment intended to be pro- ment intended to be proposed by him to the trative expenses of the Social Security Ad- posed by him to the bill S. 1789, supra; which bill S. 1789, supra; which was ordered to lie ministration and of the Postal Service. was ordered to lie on the table. on the table. SEC. 212. APPLICATION AND EFFECT OF SA 2008. Mr. MCCAIN (for himself, Mr. SA 2029. Mr. PAUL submitted an amend- CHANGES IN ALLOCATIONS AND AG- COBURN, and Mr. JOHNSON of Wisconsin) sub- ment intended to be proposed by him to the GREGATES. mitted an amendment intended to be pro- bill S. 1789, supra; which was ordered to lie (a) APPLICATION.—Any adjustments of allo- posed by him to the bill S. 1789, supra; which on the table. cations and aggregates made pursuant to was ordered to lie on the table. SA 2030. MRS. MCCASKILL submitted an this resolution shall— SA 2009. Mr. MCCAIN (for himself, Mr. amendment intended to be proposed by her (1) apply while that measure is under con- COBURN, and Mr. JOHNSON of Wisconsin) sub- sideration; mitted an amendment intended to be pro- to the bill S. 1789, supra; which was ordered (2) take effect upon the enactment of that posed by him to the bill S. 1789, supra; which to lie on the table. measure; and was ordered to lie on the table. SA 2031. Mrs. MCCASKILL (for herself, Mr. (3) be published in the Congressional SA 2010. Mr. MCCAIN (for himself, Mr. MERKLEY, Mr. BAUCUS, Mr. BEGICH, Mr. Record as soon as practicable. COBURN, and Mr. JOHNSON of Wisconsin) sub- TESTER, and Mr. SANDERS) submitted an (b) EFFECT OF CHANGED ALLOCATIONS AND mitted an amendment intended to be pro- amendment intended to be proposed by her AGGREGATES.—Revised allocations and ag- posed by him to the bill S. 1789, supra; which to the bill S. 1789, supra; which was ordered gregates resulting from these adjustments was ordered to lie on the table. to lie on the table. shall be considered for the purposes of the SA 2011. Mr. MCCAIN (for himself and Mr. SA 2032. Mr. TESTER (for himself and Mr. Congressional Budget Act of 1974 as alloca- COBURN) submitted an amendment intended PRYOR) submitted an amendment intended to tions and aggregates contained in this reso- to be proposed by him to the bill S. 1789, be proposed by him to the bill S. 1789, supra; lution. supra; which was ordered to lie on the table. which was ordered to lie on the table.

VerDate Mar 15 2010 04:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.047 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2406 CONGRESSIONAL RECORD — SENATE April 17, 2012 TEXT OF AMENDMENTS Sec. 232. Congressional consideration of rec- mary function of which is to provide retail ommendation. postal services; SA 2001. Mr. MCCAIN (for himself, TITLE III—POSTAL SERVICE (3) the term ‘‘mail processing facility’’ Mr. COBURN, and Mr. JOHNSON of Wis- WORKFORCE means a processing and distribution center, consin) submitted an amendment in- processing and distribution facility, network Sec. 301. Modifications relating to deter- tended to be proposed by him to the distribution center, or other facility which is mination of pay comparability. operated by the Postal Service, and the pri- bill S. 1789, to improve, sustain, and Sec. 302. Limitation on postal contributions mary function of which is to sort and process transform the United States Postal under FEGLI and FEHBP. mail; Service; which was ordered to lie on Sec. 303. Repeal of provision relating to (4) the term ‘‘district office’’ means the overall value of fringe benefits. the table; as follows: central office of an administrative field unit Sec. 304. Applicability of reduction-in-force Strike all after the enacting clause and in- with responsibility for postal operations in a procedures. sert the following: designated geographic area (as defined under Sec. 305. Modifications relating to collective SECTION 1. SHORT TITLE; TABLE OF CONTENTS; regulations, directives, or other guidance of bargaining. REFERENCES. the Postal Service, as in effect on June 23, (a) SHORT TITLE.—This Act may be cited as TITLE IV—FEDERAL EMPLOYEE’S 2011); the ‘‘Postal Reform Act of 2012’’. COMPENSATION ACT (5) the term ‘‘area office’’ means the cen- (b) TABLE OF CONTENTS.—The table of con- Sec. 401. Short title; references. tral office of an administrative field unit tents of this Act is as follows: Sec. 402. Federal workers compensation re- with responsibility for postal operations in a Sec. 1. Short title; table of contents; ref- forms for retirement-age em- designated geographic area which is com- erences. ployees. prised of designated geographic areas as re- TITLE I—POSTAL SERVICE Sec. 403. Augmented compensation for de- ferred to in paragraph (4); and MODERNIZATION pendents. (6) the term ‘‘baseline year’’ means the fis- Sec. 404. Schedule compensation payments. cal year last ending before the date of the Subtitle A—Commission on Postal Sec. 405. Vocational rehabilitation. enactment of this Act. Reorganization Sec. 406. Reporting requirements. SEC. 103. COMMISSION ON POSTAL REORGANIZA- Sec. 101. Short title. Sec. 407. Disability management review; TION. Sec. 102. Definitions. independent medical examina- (a) ESTABLISHMENT.—There shall be estab- Sec. 103. Commission on Postal Reorganiza- tions. lished, not later than 90 days after the date tion. Sec. 408. Waiting period. of the enactment of this Act, an independent Sec. 104. Recommendations for closures and Sec. 409. Election of benefits. commission to be known as the ‘‘Commission consolidations. Sec. 410. Sanction for noncooperation with on Postal Reorganization’’ (hereinafter in Sec. 105. Implementation of closures and field nurses. this section referred to as the ‘‘Commis- consolidations. Sec. 411. Subrogation of continuation of pay. sion’’). Sec. 106. Congressional consideration of Sec. 412. Social Security earnings informa- (b) DUTIES.—The Commission shall carry final CPR reports. tion. out the duties specified for it in this subtitle. Sec. 107. Nonappealability of decisions. Sec. 413. Amount of compensation. (c) MEMBERS.— Sec. 108. Rules of construction. Sec. 414. Technical and conforming amend- (1) IN GENERAL.—The Commission shall be Sec. 109. GAO study and report. ments. composed of 5 members who shall be ap- Subtitle B—Other Provisions Sec. 415. Regulations. pointed by the President, and of whom— (A) 1 shall be appointed from among indi- Sec. 111. Frequency of mail delivery. TITLE V—POSTAL SERVICE REVENUE Sec. 112. Efficient and flexible universal viduals recommended by the Speaker of the Sec. 501. Adequacy, efficiency, and fairness postal service. House of Representatives; Sec. 113. Enhanced reporting on Postal Serv- of postal rates. (B) 1 shall be appointed from among indi- ice efficiency. Sec. 502. Repeal of rate preferences for viduals recommended by the majority leader Sec. 114. Applicability of procedures relating qualified political committees. of the Senate; to closures and consolidations. Sec. 503. Streamlined review of qualifying (C) 1 shall be appointed from among indi- service agreements for competi- TITLE II—POSTAL SERVICE FINANCIAL viduals recommended by the minority leader tive products. of the House of Representatives; RESPONSIBILITY AND MANAGEMENT Sec. 504. Submission of service agreements ASSISTANCE AUTHORITY (D) 1 shall be appointed from among indi- for streamlined review. viduals recommended by the minority leader Subtitle A—Establishment and Organization Sec. 505. Transparency and accountability of the Senate; and Sec. 201. Purposes. for service agreements. (E) 1 shall be appointed from among indi- Sec. 202. Establishment of the Authority. Sec. 506. Nonpostal services. viduals recommended by the Comptroller Sec. 203. Membership and qualification re- Sec. 507. Reimbursement of Alaska bypass General. quirements. mail costs. (2) QUALIFICATIONS.— Sec. 204. Organization. Sec. 508. Appropriations modernization. (A) IN GENERAL.—Members of the Commis- Sec. 205. Executive Director and staff. Sec. 509. Retiree health care benefit pay- sion shall be chosen to represent the public Sec. 206. Funding. ment deferral. interest generally, and shall not be rep- Subtitle B—Powers of the Authority TITLE VI—POSTAL CONTRACTING resentatives of specific interests using the Sec. 211. Powers. REFORM Postal Service. Sec. 212. Exemption from liability for Sec. 601. Contracting provisions. (B) INELIGIBILITY.—An individual may not claims. Sec. 602. Technical amendment to defini- be appointed to serve as a member of the Sec. 213. Treatment of actions arising under tion. Commission if such individual served as an this title. (c) REFERENCES.—Except as otherwise ex- employee of the Postal Service or the Postal Sec. 214. Delivery point modernization. pressly provided, whenever in this Act an Regulatory Commission, or of a labor organi- Subtitle C—Establishment and Enforcement amendment or repeal is expressed in terms of zation representing employees of the Postal of Financial Plan and Budget for the Post- an amendment to, or repeal of, a section or Service or the Postal Regulatory Commis- al Service other provision, the reference shall be con- sion, during the 3-year period ending on the Sec. 221. Development of financial plan and sidered to be made to a section or other pro- date of such appointment. budget for the Postal Service. vision of title 39, United States Code. (3) POLITICAL AFFILIATION.—Not more than 3 members of the Commission may be of the Sec. 222. Process for submission and ap- TITLE I—POSTAL SERVICE proval of financial plan and same political party. MODERNIZATION (d) TERMS.—Each member of the Commis- budget. Sec. 223. Responsibilities of the Authority. Subtitle A—Commission on Postal sion shall be appointed for the life of the Sec. 224. Effect of finding noncompliance Reorganization Commission and may be removed only for with financial plan and budget. SEC. 101. SHORT TITLE. cause. (e) VACANCIES.—A vacancy in the Commis- Sec. 225. Recommendations regarding finan- This subtitle may be cited as the ‘‘Com- sion shall be filled in the same manner as the cial stability, etc. mission on Postal Reorganization Act’’ or original appointment. Sec. 226. Special rules for fiscal year in the ‘‘CPR Act’’. (f) CHAIRMAN.—The President shall, at the which control period com- SEC. 102. DEFINITIONS. time of making appointments under sub- mences. For purposes of this title— section (c), designate one of the members to Sec. 227. Assistance in achieving financial (1) the term ‘‘Postal Service’’ means the serve as chairman of the Commission. stability, etc. United States Postal Service; (g) COMPENSATION AND TRAVEL EXPENSES.— Sec. 228. Obtaining reports. (2) the term ‘‘postal retail facility’’ means (1) COMPENSATION.— Sec. 229. Reports and comments. a post office, post office branch, post office (A) IN GENERAL.—Except as provided in Subtitle D—Termination of a Control Period classified station, or other facility which is subparagraph (B), each member of the Com- Sec. 231. Termination of control period, etc. operated by the Postal Service, and the pri- mission shall be paid at a rate equal to the

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2407 daily equivalent of $40,000 per year for each thorized to be appropriated out of the Postal Inspector General of the United States Post- day (including travel time) during which the Service Fund $20,000,000, which funds shall al Service, shall develop and submit to the member is engaged in the actual perform- remain available until expended. Commission on Postal Reorganization a plan ance of duties vested in the Commission. (m) FINANCIAL REPORTING.— for the closure or consolidation of such mail (B) EXCEPTION.—Any member of the Com- (1) AUDIT AND EXPENDITURES.—The Com- processing facilities as the Postal Service mission who is a full-time officer or em- mission shall be responsible for issuing an- considers necessary and appropriate so ployee of the United States may not receive nual financial statements and for estab- that— additional pay, allowances, or benefits by lishing and maintaining adequate controls (A) the total annual costs attributable to reason of such member’s service on the Com- over its financial reporting. the operation of mail processing facilities mission. (2) INTERNAL AUDITS.—The Commission will be, for each fiscal year beginning at (2) TRAVEL EXPENSES.—Each member shall shall maintain an adequate internal audit of least 2 years after the date on which the receive travel expenses, including per diem its financial transactions. Commission transmits to Congress its final in lieu of subsistence, in accordance with ap- (3) ANNUAL CERTIFICATION.—The Commis- report under subsection (d)(3)(A) relating to sion shall obtain an annual certification for plicable provisions of subchapter I of chapter this subsection, at least $2,000,000,000 less each fiscal year from an independent, cer- 57 of title 5, United States Code. than the corresponding total annual costs (h) DIRECTOR.—The Commission shall have tified public accounting firm of the accuracy for the baseline year; and a Director who shall be appointed by the of its financial statements. (B) the Postal Service has, for fiscal years Commission. The Director shall be paid at (4) COMPTROLLER GENERAL.—The accounts beginning at least 2 years after the date on the rate of basic pay for level IV of the Exec- and operations of the Commission shall be utive Schedule under section 5315 of title 5, audited by the Comptroller General and re- which the Commission transmits to Congress United States Code. An appointment under ports thereon made to the Congress to the its final report under subsection (d)(3)(A) re- this subsection shall be subject to the re- extent and at such times as the Comptroller lating to this subsection, no more than 10 quirements of subsection (c)(2). General may determine. percent excess mail processing capacity. (i) ADDITIONAL PERSONNEL.—With the ap- (n) TERMINATION.—The Commission shall (2) CONTENTS.—The plan shall include— proval of the Commission, the Director may terminate 60 days after submitting its final (A) a list of the mail processing facilities appoint and fix the pay of such additional reports under section 104(d)(3). proposed for closure or consolidation under personnel as the Director considers appro- SEC. 104. RECOMMENDATIONS FOR CLOSURES this subtitle; priate. Such additional personnel may be ap- AND CONSOLIDATIONS. (B) a proposed schedule under which— pointed without regard to the provisions of (a) PLAN FOR THE CLOSURE OR CONSOLIDA- (i) closures and consolidations of mail title 5, United States Code, governing ap- TION OF POSTAL RETAIL FACILITIES.— processing facilities would be carried out pointments in the competitive service, and (1) IN GENERAL.—Not later than 120 days under this subtitle; and may be paid without regard to the provisions after the date of the enactment of this Act, (ii) all closures and consolidations of mail of chapter 51 and subchapter III of chapter 53 the Postal Service, in consultation with the processing facilities under this subtitle of such title relating to classification and Postal Regulatory Commission, shall de- would be completed by not later than 2 years General Schedule pay rates, except that an velop and submit to the Commission on after the date on which the Commission individual so appointed may not receive pay Postal Reorganization a plan for the closure transmits to Congress its final report under at a rate of basic pay in excess of the rate of or consolidation of such postal retail facili- subsection (d)(3)(A) relating to such plan; basic pay payable to the Director. An indi- ties as the Postal Service considers nec- (C) the estimated total annual cost savings vidual appointed under this subsection shall essary and appropriate so that the total an- attributable to the proposed closures and serve at the pleasure of the Director. nual costs attributable to the operation of consolidations described in the plan; (j) PROVISIONS RELATING TO DETAILS.— postal retail facilities will be, for each fiscal (D) the criteria and process used to develop (1) IN GENERAL.—Upon request of the Direc- year beginning at least 2 years after the date the information described in subparagraphs tor, the head of any Federal department or on which the Commission transmits to Con- (A) and (B); agency may detail any of the personnel of gress its final report under subsection (E) the methodology and assumptions used such department or agency to the Commis- (d)(3)(A) relating to this subsection, at least to derive the estimates described in subpara- sion to assist the Commission in carrying $1,000,000,000 less than the corresponding graph (C); and out its duties under this subtitle. Notwith- total annual costs for the baseline year. (F) any changes to the processing, trans- standing any other provision of law, to pro- (2) CONTENTS.—The plan shall include— portation, delivery, or other postal oper- vide continuity in the work of the Commis- (A) a list of the postal retail facilities pro- ations anticipated as a result of the proposed sion, such details may be extended beyond 1 posed for closure or consolidation under this closures and consolidations described in the year at the request of the Director. subtitle; plan. (2) NUMERICAL LIMITATION.—Not more than (B) a proposed schedule under which— (3) CONSISTENCY.—The methodology and as- 1⁄3 of the personnel of the Commission may sumptions used to derive the cost estimates consist of the number of individuals on de- (i) closures and consolidations of postal re- described in paragraph (2)(C) shall be con- tail from the Postal Service and the Postal tail facilities would be carried out under this sistent with the methodology and assump- Regulatory Commission combined. subtitle; and (ii) all closures and consolidations of post- tions which would have been used by the (3) OTHER LIMITATIONS.—A person may not Postal Service if those closures and consoli- be detailed to the Commission from the al retail facilities under this subtitle would dations had instead taken effect in the base- Postal Service or the Postal Regulatory be completed by not later than 2 years after line year. Commission if such person participated per- the date on which the Commission transmits (4) EXCESS MAIL PROCESSING CAPACITY.—The sonally and substantially on any matter, to Congress its final report under subsection Commission shall cause to be published in within the Postal Service or the Postal Reg- (d)(3)(A) relating to such plan; ulatory Commission, concerning the prepa- (C) the estimated total annual cost savings the Federal Register notice of a proposed ration of recommendations for closures or attributable to the proposed closures and definition of ‘‘excess mail processing capac- consolidations of postal facilities under this consolidations described in the plan; ity’’ for purposes of this section within 120 subtitle. No employee of the Postal Service (D) the criteria and process used to develop days after the date of the enactment of this or the Postal Regulatory Commission (in- the information described in subparagraphs Act, and shall provide a period of 30 days for cluding a detailee to the Postal Service or (A) and (B); public comment on the proposed definition. the Postal Regulatory Commission) may— (E) the methodology and assumptions used Not later than 180 days after the date of the (A) prepare any report concerning the ef- to derive the estimates described in subpara- enactment of this Act, the Commission shall fectiveness, fitness, or efficiency of the per- graph (C); and issue and cause to be published in the Fed- formance, on the staff of the Commission, of (F) any changes to the processing, trans- eral Register a final definition of ‘‘excess any person detailed from the Postal Service portation, delivery, or other postal oper- mail processing capacity’’ for purposes of or the Postal Regulatory Commission to ations anticipated as a result of the proposed this section. Such definition shall include an such staff; closures and consolidations described in the estimate of the total amount of excess mail (B) review the preparation of such a report; plan. processing capacity in mail processing facili- or (3) CONSISTENCY.—The methodology and as- ties as of the date of the enactment of this (C) approve or disapprove such a report. sumptions used to derive the cost estimates Act. (k) OTHER AUTHORITIES.— described in paragraph (2)(C) shall be con- (5) UNDERUTILIZED MAIL PROCESSING FACILI- (1) EXPERTS AND CONSULTANTS.—The Com- sistent with the methodology and assump- TIES.—In developing a plan under this sub- mission may procure by contract, to the ex- tions which would have been used by the section, the Postal Service may include the tent funds are available, temporary or inter- Postal Service if those closures and consoli- estimated total cost savings that would re- mittent services under section 3109 of title 5, dations had instead taken effect in the base- sult from moving mail processing operations United States Code. line year. to any mail processing facility that, as of (2) LEASING, ETC.—The Commission may (b) PLAN FOR THE CLOSURE OR CONSOLIDA- the date of introduction of this Act— lease space and acquire personal property to TION OF MAIL PROCESSING FACILITIES.— (A) is not currently used by the Postal the extent funds are available. (1) IN GENERAL.—Not later than 300 days Service; and (l) AUTHORIZATION OF APPROPRIATIONS.—In after the date of the enactment of this Act, (B) is capable of processing mail to the order to carry out this section, there are au- the Postal Service, in consultation with the Postal Service’s standards.

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(c) PLAN FOR THE CLOSURE OR CONSOLIDA- (A) IN GENERAL.—After receiving the plan such category, as described in such section TION OF AREA AND DISTRICT OFFICES.— of the Postal Service under subsection (a), 123.11 (as in effect on the date specified in (1) IN GENERAL.—Not later than 300 days (b), or (c), the Commission on Postal Reorga- subparagraph (A)). after the date of the enactment of this Act, nization shall conduct at least 5 public hear- (f) ANNUAL REPORTS.— the Postal Service, in consultation with the ings on such plan. The hearings shall be con- (1) IN GENERAL.—There shall be included in Inspector General of the United States Post- ducted in geographic areas chosen so as to the next 5 annual reports submitted under al Service, shall develop and submit to the reflect a broadly representative range of section 2402 of title 39, United States Code, Commission on Postal Reorganization a plan needs and interests. beginning with the report covering any pe- for the closure or consolidation of such area (B) TESTIMONY.—All testimony before the riod of time occurring after the date of en- and district offices as the Postal Service Commission at a public hearing conducted actment of this Act, the following (shown on considers necessary and appropriate so that under this paragraph shall be given under a State-by-State basis): the combined total number of area and dis- oath. (A) In connection with closures and con- trict offices will be, for each fiscal year be- (C) DEADLINES.—All hearings under this solidations taking effect in the year covered ginning at least 2 years after the date on paragraph shall be completed within 60 days by the report, the total number of individ- which the Commission transmits to Congress after the date as of which the Commission uals separated from employment with the its final report under subsection (d)(3)(A) re- satisfies the requirements of paragraph (1) Postal Service, including, if separation oc- lating to this subsection, at least 30 percent with respect to such plan. curs in a year other than the year in which less than the corresponding combined total (3) FINAL REPORTS.— the closing or consolidation occurs, the year for the baseline year. (A) IN GENERAL.—After satisfying the re- in which separation occurs. (2) CONTENTS.—The plan shall include— quirements of paragraph (2) with respect to (B) Of the total numbers under subpara- (A) a list of the area and district offices the plan of the Postal Service under sub- graph (A)— proposed for closure or consolidation under section (a), (b), or (c) (as the case may be), (i) the number and percentage comprising this subtitle; the Commission shall transmit to Congress preference eligibles or veterans; and (B) a proposed schedule under which— and publish in the Federal Register a report (ii) the number and percentage comprising (i) closures and consolidations of area and under this paragraph containing a summary individuals other than preference eligibles or district offices would be carried out under of the hearings conducted with respect to veterans. this subtitle; and such plan, together with the Commission’s (C) Of the total numbers under subpara- (ii) all closures and consolidations of area final recommendations for closures and con- graph (A), the number and percentage reem- and district offices under this subtitle would solidations of postal facilities, mail proc- ployed in a position within the general com- muting area of the facility or office involved be completed by not later than 2 years after essing facilities, or area and district offices (including, if reemployment occurs in a year the date on which the Commission transmits (as the case may be). other than the year in which the closing or to Congress its final report under subsection (B) APPROVAL.—Recommendations under consolidation occurs, the year in which re- (d)(3)(A) relating to such plan; subparagraph (A) shall not be considered to employment occurs)— (C) the estimated total annual cost savings be final recommendations unless they are (i) with the Postal Service; or attributable to the proposed closures and made with— (i) except as provided in clause (ii), the (ii) with an employer other than the Postal consolidations described in the plan; concurrence of at least 4 members of the Service. (D) the criteria and process used to develop Commission; or (D) The methodology and assumptions used the information described in subparagraphs (ii) to the extent that the requirements of to derive the estimates described in subpara- (A) and (B); subsection (b)(1)(A) or (c)(1) are not met, the graph (B). (E) the methodology and assumptions used concurrence of all sitting members, but only (E) The criteria and process used to de- to derive the estimates described in subpara- if the shortfall (relative to the requirements velop the information described in subpara- graph (C); and of subsection (b)(1)(A) or (c)(1), as the case graph (C). (F) any changes to the processing, trans- may be) does not exceed 25 percent. (2) DEFINITIONS.—For purposes of this sub- portation, delivery, or other postal oper- (C) CONTENTS.—A report under this para- section— ations anticipated as a result of the proposed graph shall include— (A) the term ‘‘preference eligible’’ has the closures and consolidations described in the (i) the information required by paragraph meaning given such term in section 2108(3) of plan. (2) of subsection (a), (b), or (c) (as the case title 5, United States Code; and (3) CONSISTENCY.—The methodology and as- may be); and (B) the term ‘‘veteran’’ has the meaning sumptions used to derive the cost estimates (ii) a description of the operations that given such term in section 101(2) of title 38, described in paragraph (2)(C) shall be con- will be affected by the closure or consolida- United States Code. sistent with the methodology and assump- tion and the facilities or offices which will SEC. 105. IMPLEMENTATION OF CLOSURES AND tions which would have been used by the be performing or ceasing to perform such op- CONSOLIDATIONS. Postal Service if those closures and consoli- erations as a result of such closure or con- (a) IN GENERAL.—Subject to subsection (b), dations had instead taken effect in the base- solidation. the Postal Service shall— line year. (D) DEADLINES.—A report of the Commis- (1) close or consolidate (as the case may (d) REVIEW AND RECOMMENDATIONS OF THE sion under this paragraph shall be trans- be) the facilities and offices recommended by COMMISSION.— mitted and published, in accordance with the Commission in each of its final reports (1) INITIAL REPORTS.— subparagraph (A), within 60 days after the under section 104(d)(3); and (A) IN GENERAL.—After receiving the plan date as of which the Commission satisfies (2) carry out those closures and consolida- of the Postal Service under subsection (a), the requirements of paragraph (2) with re- tions in accordance with the timetable rec- (b), or (c), the Commission on Postal Reorga- spect to the plan involved. ommended by the Commission in such re- nization shall transmit to Congress and pub- (e) LIMITATION RELATING TO POSTAL RETAIL port, except that in no event shall any such lish in the Federal Register a report under FACILITIES IDENTIFIED FOR CLOSURE OR CON- closure or consolidation be completed later this paragraph, which shall contain the Com- SOLIDATION.— than 2 years after the date on which such re- mission’s findings based on a review and (1) APPLICABILITY.—This subsection applies port is submitted to Congress. analysis of such plan, together with the to any plan of the Postal Service under sub- (b) CONGRESSIONAL DISAPPROVAL.— Commission’s initial recommendations for section (a) and any report of the Commission (1) IN GENERAL.—The Postal Service may closures and consolidations of postal facili- under subsection (d) (whether initial or not carry out any closure or consolidation ties, mail processing facilities, or area and final) pertaining to such plan. recommended by the Commission in a final district offices (as the case may be). (2) LIMITATION.—Of the total number of report if a joint resolution disapproving the (B) EXPLANATION OF CHANGES.—The Com- postal retail facilities recommended for clo- recommendations of the Commission is en- mission shall explain and justify in its report sure or consolidation (combined) under any acted, in accordance with section 106, before any recommendations made by the Commis- plan or report to which this subsection ap- the earlier of— sion that are different from those contained plies, the number of such facilities that are (A) the end of the 30-day period beginning in the Postal Service plan to which such re- within the K or L cost ascertainment group- on the date on which the Commission trans- port pertains. ing (combined) shall account for not more mits those recommendations to Congress (C) DEADLINES.—A report of the Commis- than 10 percent of such total number. under section 104(d)(3); or sion under this paragraph shall be trans- (3) REFERENCES.—For purposes of this sub- (B) the adjournment of the Congress sine mitted and published, in accordance with section— die for the session during which such report subparagraph (A), within— (A) any reference to a ‘‘cost ascertainment is transmitted. (i) if the report pertains to the plan under grouping’’ shall be considered to refer to a (2) DAYS OF SESSION.—For purposes of para- subsection (a), 60 days after the date on cost ascertainment grouping as described in graph (1) and subsections (a) and (c) of sec- which the Commission receives such plan; or section 123.11 of the Postal Operations Man- tion 106, the days on which either House of (ii) if the report pertains to the plan under ual (as in effect on June 23, 2011); and Congress is not in session because of an ad- subsection (b) or (c), 90 days after the date (B) any reference to a particular category journment of more than 7 days to a day cer- on which the Commission receives such plan. (designated by a letter) of a cost ascertain- tain shall be excluded in the computation of (2) PUBLIC HEARINGS.— ment grouping shall be considered to refer to a period.

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2409 SEC. 106. CONGRESSIONAL CONSIDERATION OF posing the resolution. An amendment to the Service from closing or consolidating any FINAL CPR REPORTS. resolution is not in order. A motion further postal facilities, in accordance with other- (a) TERMS OF THE RESOLUTION.—For pur- to limit debate is in order and not debatable. wise applicable provisions of law, either be- poses of this subtitle, the term ‘‘joint resolu- A motion to postpone, or a motion to pro- fore or after the implementation of any clo- tion’’, as used with respect to a report under ceed to the consideration of other business, sures or consolidations under this subtitle. section 104(d)(3), means only a joint resolu- or a motion to recommit the resolution is (2) COORDINATION RULE.—No appeal or de- tion— not in order. A motion to reconsider the vote termination under section 404(d) of title 39, (1) which is introduced within the 10-day by which the resolution is agreed to or dis- United States Code, or any other provision of period beginning on the date on which such agreed to is not in order. law shall delay, prevent, or otherwise affect report is received by Congress; (3) VOTE ON FINAL PASSAGE.—Immediately any closure or consolidation under this sub- (2) the matter after the resolving clause of following the conclusion of the debate on a title. which is as follows: ‘‘That Congress dis- resolution described in subsection (a) and a (b) INAPPLICABILITY OF CERTAIN PROVI- approves the recommendations of the Com- single quorum call at the conclusion of the SIONS.— mission on Postal Reorganization, submitted debate if requested in accordance with the (1) IN GENERAL.—The provisions of law by such Commission on ll, and pertaining rules of the appropriate House, the vote on identified in paragraph (2)— to the closure or consolidation of ll.’’, the final passage of the resolution shall occur. (A) shall not apply to any closure or con- first blank space being filled in with the ap- (4) APPEALS.—Appeals from the decisions solidation carried out under this subtitle; propriate date and the second blank space of the Chair relating to the application of and being filled in with ‘‘postal retail facilities’’, the rules of the Senate or the House of Rep- (B) shall not be taken into account for pur- ‘‘mail processing facilities’’, or ‘‘area and resentatives, as the case may be, to the pro- poses of carrying out section 103 or 104. district offices’’ (as the case may be); cedure relating to a resolution described in (2) PROVISIONS IDENTIFIED.—The provisions (3) the title of which is as follows: ‘‘Joint subsection (a) shall be decided without de- of law under this paragraph are— resolution disapproving the recommenda- bate. (A) section 101(b) of title 39, United States tions of the Commission on Postal Reorga- (e) CONSIDERATION BY OTHER HOUSE.— Code; and nization.’’; and (1) IN GENERAL.—If, before the passage by (B) section 404(d) of title 39, United States (4) which does not have a preamble. one House of a resolution of that House de- Code. (b) REFERRAL.—A resolution described in scribed in subsection (a), that House receives SEC. 109. GAO STUDY AND REPORT. subsection (a) that is introduced in the from the other House a resolution (described House of Representatives or the Senate shall (a) STUDY.—Not later than 1 year after the in subsection (a)) relating to the same re- date of enactment of this Act, the Comp- be referred to the appropriate committees of port, then the following procedures shall the House of Representatives or the Senate, troller General of the United States shall apply: conduct a study on the effects, with respect respectively. (A) The resolution of the other House shall (c) DISCHARGE.—If the committee to which to the unemployment rate of minority com- not be referred to a committee and may not a resolution described in subsection (a) is re- munities, of the proposed closures and con- be considered in the House receiving it ex- ferred has not reported such resolution (or solidations of postal retail facilities, mail cept in the case of final passage as provided an identical resolution) by the end of the 20- processing facilities, and area or district of- in subparagraph (B)(ii). day period beginning on the date on which fices under this subtitle. (B) With respect to the resolution de- the Commission transmits the report (to (b) REPORT.—Upon completion of the study which such resolution pertains) to Congress scribed in subsection (a) (relating to the re- required under subsection (a), the Comp- under section 104(d)(3), such committee port in question) of the House receiving the troller General of the United States shall shall, at the end of such period, be dis- resolution— submit a report to Congress regarding the charged from further consideration of such (i) the procedure in that House shall be the findings of such study. same as if no resolution (relating to the resolution, and such resolution shall be Subtitle B—Other Provisions placed on the appropriate calendar of the same report) had been received from the House involved. other House; but SEC. 111. FREQUENCY OF MAIL DELIVERY. (d) CONSIDERATION.— (ii) the vote on final passage shall be on Section 101 of title 39, United States Code, (1) IN GENERAL.—On or after the third day the resolution of the other House. is amended by adding at the end the fol- after the date on which the committee to (2) DISPOSITION OF A RESOLUTION.—Upon lowing: which such a resolution is referred has re- disposition of the resolution received from ‘‘(h) Nothing in this title or any other pro- ported, or has been discharged (under sub- the other House, it shall no longer be in vision of law shall be considered to prevent section (c)) from further consideration of, order to consider the resolution that origi- the Postal Service from taking whatever ac- such a resolution, it is in order (even though nated in the receiving House. tions may be necessary to provide for 5-day a previous motion to the same effect has (f) RULES OF THE SENATE AND HOUSE.—This delivery of mail and a commensurate adjust- been disagreed to) for any Member of the re- section is enacted by Congress— ment in rural delivery of mail, subject to the spective House to move to proceed to the (1) as an exercise of the rulemaking power requirements of section 3661.’’. consideration of the resolution. A Member of the Senate and House of Representatives, SEC. 112. EFFICIENT AND FLEXIBLE UNIVERSAL may make the motion only on the day after respectively, and as such it is deemed a part POSTAL SERVICE. the calendar day on which the Member an- of the rules of each House, respectively, but (a) POSTAL POLICY.— nounces to the House concerned the Mem- applicable only with respect to the procedure (1) IN GENERAL.—Section 101(b) is amended ber’s intention to make the motion, except to be followed in that House in the case of a to read as follows: that, in the case of the House of Representa- resolution described in subsection (a), and it ‘‘(b) The Postal Service shall provide effec- tives, the motion may be made without such supersedes other rules only to the extent tive and regular postal services to rural prior announcement if the motion is made by that it is inconsistent with such rules; and areas, communities, and small towns where direction of the committee to which the res- (2) with full recognition of the constitu- post offices are not self-sustaining.’’. olution was referred. All points of order tional right of either House to change the (2) CONFORMING AMENDMENTS.—(A) Clause against the resolution (and against consider- rules (so far as relating to the procedure of (iii) of section 404(d)(2)(A) is amended to read ation of the resolution) are waived. The mo- that House) at any time, in the same man- as follows: tion is highly privileged in the House of Rep- ner, and to the same extent as in the case of ‘‘(iii) whether such closing or consolidation resentatives and is privileged in the Senate any other rule of that House. is consistent with the policy of the Govern- and is not debatable. The motion is not sub- SEC. 107. NONAPPEALABILITY OF DECISIONS. ment, as stated in section 101(b), that the ject to amendment, or to a motion to post- (a) TO PRC.—The closing or consolidation Postal Service shall provide effective and pone, or to a motion to proceed to the con- of any facility or office under this subtitle regular postal services to rural areas, com- sideration of other business. A motion to re- may not be appealed to the Postal Regu- munities, and small towns where post offices consider the vote by which the motion is latory Commission under section 404(d) or are not self-sustaining;’’. agreed to or disagreed to shall not be in any other provision of title 39, United States (B) Section 2401(b)(1) is amended (in the order. If a motion to proceed to the consider- Code, or be the subject of an advisory opin- matter before subparagraph (A)) by striking ation of the resolution is agreed to, the re- ion issued by the Postal Regulatory Commis- ‘‘a maximum degree of’’. spective House shall immediately proceed to sion under section 3661 of such title. (b) GENERAL DUTY.—Paragraph (3) of sec- consideration of the joint resolution without (b) JUDICIAL REVIEW.—No process, report, tion 403(b) is amended to read as follows: intervening motion, order, or other business, recommendation, or other action of the Com- ‘‘(3) to ensure that postal patrons through- and the resolution shall remain the unfin- mission on Postal Reorganization shall be out the Nation will, consistent with reason- ished business of the respective House until subject to judicial review. able economies of postal operations, have disposed of. SEC. 108. RULES OF CONSTRUCTION. ready access to essential postal services.’’. (2) DEBATE.—Debate on the resolution, and (a) CONTINUED AVAILABILITY OF AUTHORITY (c) PRC REVIEW OF DETERMINATIONS TO on all debatable motions and appeals in con- TO CLOSE OR CONSOLIDATE POSTAL FACILI- CLOSE OR CONSOLIDATE A POST OFFICE.— nection therewith, shall be limited to not TIES.— (1) DEADLINE FOR REVIEW.—Section 404(d)(5) more than 2 hours, which shall be divided (1) IN GENERAL.—Nothing in this subtitle is amended by striking ‘‘120 days’’ and in- equally between those favoring and those op- shall be considered to prevent the Postal serting ‘‘60 days’’.

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(2) EXCLUSION FROM REVIEW.—Section 404(d) by paragraph (1) within 90 days after the date trol period, an entity to be known as the is amended by adding at the end the fol- of the enactment of this Act. ‘‘Postal Service Financial Responsibility and lowing: (3) APPLICABILITY.—The amendment made Management Assistance Authority’’ (herein- ‘‘(7)(A) The appeals process set forth in by this subsection shall apply with respect after in this title referred to as the ‘‘Author- paragraph (5) shall not apply to a determina- to any proposal received by the Postal Regu- ity’’). tion of the Postal Service to close a post of- latory Commission on or after the earlier (b) CONTROL PERIOD.— fice if there is located, within 2 miles of such of— (1) COMMENCEMENT OF A CONTROL PERIOD.— post office, a qualified contract postal unit. (A) the 90th day after the date of the enact- (A) IN GENERAL.—For the purposes of this ‘‘(B) For purposes of this paragraph— ment of this Act; or title, a control period commences whenever ‘‘(i) the term ‘contract postal unit’ means (B) the effective date of the regulations the Postal Service has been in default to the a store or other place of business which— under paragraph (2). Treasury of the United States, with respect ‘‘(I) is not owned or operated by the Postal to any debts, obligations, loans, bonds, SEC. 113. ENHANCED REPORTING ON POSTAL Service; and SERVICE EFFICIENCY. notes, or other form of borrowing, or any ‘‘(II) in addition to its usual operations, Section 3652(a) is amended— scheduled payments to any fund in the provides postal services to the general public (1) in paragraph (1), by striking ‘‘and’’ Treasury of the United States, for a period of at least 30 days. under contract with the Postal Service; and after the semicolon; (B) ADVISORY PERIOD.—For purposes of the ‘‘(ii) the term ‘qualified contract postal (2) in paragraph (2), by striking the period first control period, the Authority shall op- unit’, as used in connection with a post of- at the end and inserting ‘‘; and’’; and erate exclusively in an advisory period for fice, means a contract postal unit which— (3) by adding after paragraph (2) the fol- two full fiscal years after the commence- ‘‘(I) begins to provide postal services to the lowing: ment of the control period. At the comple- general public during the period— ‘‘(3) which shall provide the overall change tion of the second full fiscal year or any year ‘‘(aa) beginning 1 year before the date on in Postal Service productivity and the re- thereafter during the length of the control which the closure or consolidation of such sulting effect of such change on overall Post- period, if the Postal Service’s annual deficit post office is scheduled to take effect; and al Service costs during such year, using such ‘‘(bb) ending on the 15th day after the date is greater than $2,000,000,000, the Authority methodologies as the Commission shall by shall be fully in force according to the provi- on which the closure or consolidation of such regulation prescribe.’’. post office is scheduled to take effect; and sions of this title. During an advisory pe- ‘‘(II) has not, pursuant to subparagraph SEC. 114. APPLICABILITY OF PROCEDURES RE- riod— LATING TO CLOSURES AND CON- (i) the Authority is not authorized to em- (A), served as the basis for exempting any SOLIDATIONS. other post office from the appeals process set ploy any staff and the Postal Service shall (a) IN GENERAL.—Section 404(d) is amended designate a Level-Two Postal Service Execu- forth in paragraph (5). by adding at the end the following: ‘‘(C)(i) If the contract postal unit (which is tive as a liaison with the members of the Au- ‘‘(7) For purposes of this subsection, the providing postal services that had been pre- thority; and term ‘post office’ means a post office and any viously provided by the post office that was (ii) any provision of this title that requires other facility described in section 102(2) of closed) does not continue to provide postal the Authority or the Postal Service to take the Postal Reform Act of 2012.’’. services, as required by subparagraph any action shall be considered only to take (b) EFFECTIVE DATE.—The amendment (B)(i)(II), for at least the 2-year period begin- effect in the event the Authority comes into made by subsection (a) shall be effective ning on the date on which such post office full force and that effective date shall be with respect to any closure or consolidation, was closed, the contract postal unit shall be considered to be the date of the commence- the proposed effective date of which occurs subject to a closure determination by the ment of the control period for the purposes on or after the 60th day following the date of Postal Service to decide whether a post of- any provision not mention in this subpara- enactment of this Act. fice must be reopened within the area (de- graph. limited by the 2-mile radius referred to in TITLE II—POSTAL SERVICE FINANCIAL (2) TREATMENT OF AUTHORITIES AND RESPON- subparagraph (A)). RESPONSIBILITY AND MANAGEMENT AS- SIBILITIES OF THE BOARD OF GOVERNORS, ETC. ‘‘(ii) A decision under clause (i) not to re- SISTANCE AUTHORITY DURING A CONTROL PERIOD.—During a control open a post office may be appealed to the Subtitle A—Establishment and Organization period— (A) all authorities and responsibilities of Postal Regulatory Commission under proce- SEC. 201. PURPOSES. dures which the Commission shall by regula- the Board of Governors, and the individual (a) PURPOSES.—The purposes of this title tion prescribe. Such procedures shall be Governors, of the Postal Service under title are as follows: based on paragraph (5), except that, for pur- 39, United States Code, and any other provi- (1) To eliminate budget deficits and cash poses of this clause, paragraph (5)(C) shall be sion of law shall be assumed by the Author- shortages of the Postal Service through stra- applied by substituting ‘in violation of sec- ity; and tegic financial planning, sound budgeting, tion 101(b), leaving postal patrons without (B) the Board of Governors, and the indi- accurate revenue forecasts, and careful effective and regular access to postal serv- vidual Governors, may act in an advisory ca- spending. ices’ for ‘unsupported by substantial evi- pacity only. (2) To ensure the universal service man- dence on the record’.’’. (3) TREATMENT OF CERTAIN POSTAL SERVICE date detailed in section 101 of title 39, United (3) APPLICABILITY.—The amendments made EXECUTIVES DURING A CONTROL PERIOD.— States Code, is maintained during a period of by this subsection shall not apply with re- (A) DEFINITION.—For the purposes of this fiscal emergency. spect to any appeal, notice of which is re- section, the term ‘‘Level-Two Postal Service (3) To conduct necessary investigations ceived by the Postal Regulatory Commission Executive’’ includes the Postmaster General, and studies to determine the fiscal status before the date of the enactment of this Act the Deputy Postmaster General, and all and operational efficiency of the Postal (determined applying the rules set forth in other officers or employees of the Postal Service. section 404(d)(6) of title 39, United States Service in level two of the Postal Career Ex- (4) To assist the Postal Service in— Code). ecutive Service (or the equivalent). (A) restructuring its organization and (d) EXPEDITED PROCEDURES.— (B) TREATMENT.—Notwithstanding any workforce to bring expenses in line with di- (1) IN GENERAL.—Section 3661 is amended other provision of law or employment con- minishing revenue and generate sufficient by adding at the end the following: tract, during a control period— ‘‘(d)(1) The Commission shall issue its profits for capital investment and repayment (i) all Level-Two Postal Service Executives opinion within 90 days after the receipt of of debt; shall serve at the pleasure of the Authority; any proposal (as referred to in subsection (b)) (B) meeting all fiscal obligations to the (ii) the duties and responsibilities of all concerning— Treasury of the United States; and Level-Two Postal Service Executives, as well ‘‘(A) the closing or consolidation of postal (C) ensuring the appropriate and efficient as the terms and conditions of their employ- retail facilities (as that term is defined in delivery of postal services. ment (including their compensation), shall section 102(2) of the Postal Reform Act of (5) To ensure the long-term financial, fis- be subject to determination or redetermina- 2012) to a degree that will generally affect cal, and economic vitality and operational tion by the Authority; service on a nationwide or substantially na- efficiency of the Postal Service. (iii) total compensation of a Level-Two tionwide basis; or (b) RESERVATION OF POWERS.—Nothing in Postal Service Executive may not, for any ‘‘(B) an identical or substantially identical this title may be construed— year in such control period, exceed the an- proposal on which the Commission issued an (1) to relieve any obligations existing as of nual rate of basic pay payable for level I of opinion within the preceding 5 years. the date of the enactment of this Act of the the Executive Schedule under section 5312 of ‘‘(2) If necessary in order to comply with Postal Service to the Treasury of the United title 5, United States Code, for such year; for the 90-day requirement under paragraph (1), States; or purposes of this clause, the term ‘‘total com- the Commission may apply expedited proce- (2) to limit the authority of Congress to ex- pensation’’ means basic pay, bonuses, dures which the Commission shall by regula- ercise ultimate legislative authority over awards, and all other monetary compensa- tion prescribe.’’. the Postal Service. tion; (2) REGULATIONS.—The Postal Regulatory SEC. 202. ESTABLISHMENT OF THE AUTHORITY. (iv) the percentage by which the rate of Commission shall prescribe any regulations (a) ESTABLISHMENT.—There shall be estab- basic pay of a Level-Two Postal Service Ex- necessary to carry out the amendment made lished, upon the commencement of any con- ecutive is increased during any year in such

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2411 control period may not exceed the percent- (E) 1 shall be appointed from among indi- (2) implement recommendations on finan- age change in the Consumer Price Index for viduals recommended by the Comptroller cial stability and management responsibility All Urban Consumers, unadjusted for sea- General. under section 225; sonal variation, for the most recent 12- (3) POLITICAL AFFILIATION.—No more than 3 (3) take any action under authority of sec- month period available, except that, in the members of the Authority may be of the tion 202(b)(3)(B)(i); or case of a Level-Two Postal Service Executive same political party. (4) initiate the establishment of a new who has had a significant change in job re- (4) CHAIR.—The President shall designate 1 workers’ compensation system for the Postal sponsibilities, a greater change shall be al- of the members of the Authority as the Chair Service in accordance with section 311. lowable if approved by the Authority; of the Authority. SEC. 205. EXECUTIVE DIRECTOR AND STAFF. (v) apart from basic pay, a Level-Two Post- (5) SENSE OF CONGRESS REGARDING DEADLINE (a) EXECUTIVE DIRECTOR.—The Authority al Service Executive may not be afforded FOR APPOINTMENT.—It is the sense of Con- shall have an Executive Director who shall any bonus, award, or other monetary com- gress that the President should appoint the be appointed by the Chair with the consent pensation for any fiscal year in the control members of the Authority as soon as prac- of the Authority. The Executive Director period if expenditures of the Postal Service ticable after the date on which a control pe- shall be paid at a rate determined by the Au- for such fiscal year exceeded revenues of the riod commences, but no later than 30 days thority, except that such rate may not ex- Postal Service for such fiscal year (deter- after such date. ceed the rate of basic pay payable for level mined in accordance with generally accepted (6) TERM OF SERVICE.— IV of the Executive Schedule under section 5315 of title 5, United States Code. accounting principles); and (A) IN GENERAL.—Except as provided in (b) STAFF.—With the approval of the Au- (vi) no deferred compensation may be paid, subparagraph (B), each member of the Au- thority shall be appointed for a term of 3 thority, the Executive Director may appoint accumulated, or recognized in the case of years. and fix the pay of such additional personnel any Level-Two Postal Service Executive, (B) APPOINTMENT FOR TERM FOLLOWING INI- as the Executive Director considers appro- with respect to any year in a control period, TIAL TERM.—As designated by the President priate, except that no individual appointed which is not generally paid, accumulated, or at the time of appointment for the term im- by the Executive Director may be paid at a recognized in the case of employees of the mediately following the initial term, of the rate greater than the rate of pay for the Ex- United States (outside of the Postal Service) members appointed for the term imme- ecutive Director. Personnel appointed under in level I of the Executive Schedule under diately following the initial term— this subsection shall serve at the pleasure of section 5312 of title 5, United States Code, (i) 1 member shall be appointed for a term the Executive Director. with respect to such year. (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- of 1 year; (C) BONUS AUTHORITY.—Section 3686 of title ICE LAWS.—The Executive Director and staff (ii) 2 members shall be appointed for a 39, United States Code, shall, during the pe- of the Authority may be appointed without term of 2 years; and riod beginning on the commencement date of regard to the provisions of title 5, United (iii) 2 members shall be appointed for a the control period and ending on the termi- States Code, governing appointments in the term of 3 years. nation date of the control period— competitive service, and paid without regard (C) REMOVAL.—The President may remove (i) be suspended with respect to all Level- to the provisions of chapter 51 and sub- any member of the Authority only for cause. Two Postal Service Executives; but chapter III of chapter 53 of such title relat- (D) NO COMPENSATION FOR SERVICE.—Mem- (ii) remain in effect for all other officers ing to classification and General Schedule bers of the Authority shall serve without and employees of the Postal Service other- pay rates. pay, but may receive reimbursement for any wise covered by this section. (d) STAFF OF FEDERAL AGENCIES.—Upon re- reasonable and necessary expenses incurred (4) TERMINATION OF A CONTROL PERIOD.— quest of the Chair, the head of any Federal by reason of service on the Authority. Subject to subtitle D, a control period termi- department or agency may detail, on a reim- (b) QUALIFICATION REQUIREMENTS.— nates upon certification by the Authority, bursable or nonreimbursable basis, any of (1) IN GENERAL.—An individual meets the with the concurrence of the Secretary of the the personnel of such department or agency qualifications for membership on the Au- to the Authority to assist it in carrying out Treasury and the Director of the Office of thority if the individual— its duties under this title. Personnel Management, that— (A) has significant knowledge and exper- SEC. 206. FUNDING. (A) for 2 consecutive fiscal years (occur- tise in finance, management, and the organi- ring after the date of the enactment of this (a) IN GENERAL.—There are authorized to zation or operation of businesses having be appropriated, out of the Postal Service Act), expenditures of the Postal Service did more than 500 employees; and Fund, such sums as may be necessary for the not exceed revenues of the Postal Service (as (B) represents the public interest gen- Authority. In requesting an appropriation determined in accordance with generally ac- erally, is not a representative of specific in- under this section for a fiscal year, the Au- cepted accounting principles); terests using or belonging to the Postal thority shall prepare and submit to the Con- (B) the Authority has approved a Postal Service, and does not have any business or fi- gress under section 2009 of title 39, United Service financial plan and budget that shows nancial interest in any enterprise in the pri- States Code, a budget of the Authority’s ex- expenditures of the Postal Service not ex- vate sector of the economy engaged in the penses, including expenses for facilities, sup- ceeding revenues of the Postal Service (as so delivery of mail matter. plies, compensation, and employee benefits determined) for the fiscal year to which such (2) SPECIFIC CONDITIONS.—An individual not to exceed $10,000,000. In years in which a budget pertains and each of the next 3 fiscal shall not be considered to satisfy paragraph control period commences, the Authority years; and (1)(B) if, at any time during the 5-year period shall submit a budget within 30 days of the (C) the Postal Service financial plan and ending on the date of appointment, such in- appointment of the members of the Author- budget (as referred to in subparagraph (B)) dividual— ity. includes plans to properly fund Postal Serv- (A) has been an officer, employee, or pri- (b) AMENDMENT TO SECTION 2009.—Section ice pensions and retiree health benefits in vate contractor with the Postal Service or 2009 is amended in the next to last sen- accordance with law. the Postal Regulatory Commission; or tence— (1) by striking ‘‘, and (3)’’ and inserting ‘‘, SEC. 203. MEMBERSHIP AND QUALIFICATION RE- (B) has served as an employee or con- QUIREMENTS. tractor of a labor organization representing (3)’’; and employees of the Postal Service or the Post- (2) by striking the period and inserting ‘‘, (a) MEMBERSHIP.— al Regulatory Commission. and (4) the Postal Service Financial Respon- (1) IN GENERAL.—The Authority shall con- sibility and Management Assistance Author- SEC. 204. ORGANIZATION. sist of 5 members appointed by the President ity requests to be appropriated, out of the (a) ADOPTION OF BY-LAWS FOR CONDUCTING who meet the qualifications described in sub- Postal Service Fund, under section 206 of the BUSINESS.—As soon as practicable after the section (b), except that the Authority may appointment of its members, the Authority Postal Reform Act of 2012.’’. take any action under this title at any time shall adopt by-laws, rules, and procedures Subtitle B—Powers of the Authority after the President has appointed 4 of its governing its activities under this title, in- SEC. 211. POWERS. members. cluding procedures for hiring experts and (a) POWERS OF MEMBERS AND AGENTS.—Any (2) RECOMMENDATIONS.—Of the 5 members consultants. Upon adoption, such by-laws, member or agent of the Authority may, if so appointed— rules, and procedures shall be submitted by authorized by the Authority, take any ac- (A) 1 shall be appointed from among indi- the Authority to the Postmaster General, tion which the Authority is authorized by viduals recommended by the Speaker of the the President, and Congress. this section to take. House of Representatives; (b) CERTAIN ACTIVITIES REQUIRING AP- (b) OBTAINING OFFICIAL DATA FROM THE (B) 1 shall be appointed from among indi- PROVAL OF MAJORITY OF MEMBERS.—Under POSTAL SERVICE.—Notwithstanding any viduals recommended by the majority leader its by-laws, the Authority may conduct its other provision of law, the Authority may of the Senate; operations under such procedures as it con- secure copies of such records, documents, in- (C) 1 shall be appointed from among indi- siders appropriate, except that an affirma- formation, or data from any entity of the viduals recommended by the minority leader tive vote of a majority of the members of the Postal Service necessary to enable the Au- of the House of Representatives; Authority shall be required in order for the thority to carry out its responsibilities (D) 1 shall be appointed from among indi- Authority to— under this title. At the request of the Au- viduals recommended by the minority leader (1) approve or disapprove a financial plan thority, the Authority shall be granted di- of the Senate; and and budget as described by subtitle C; rect access to such information systems,

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2412 CONGRESSIONAL RECORD — SENATE April 17, 2012 records, documents, information, or data as tion in the United States Court of Appeals ceed 10 percent of the corresponding number will enable the Authority to carry out its re- for the District of Columbia Circuit. The for the fiscal year last ending before such sponsibilities under this title. The head of court shall review the order or decision in commencement date. the relevant entity of the Postal Service accordance with section 706 of title 5, United In making any decision under this sub- shall provide the Authority with such infor- States Code, and chapter 158 and section 2112 section involving the continuation or termi- mation and assistance (including granting of title 28, United States Code. Judicial re- nation of door delivery with respect to any the Authority direct access to automated or view shall be limited to the question of locality or addresses within a locality, the other information systems) as the Authority whether the Authority acted in excess of its Authority shall consider rates of poverty, requires under this subsection. statutory authority, and determinations of population density, historical value, whether (c) GIFTS, BEQUESTS, AND DEVISES.—The the Authority with respect to the scope of its such locality is in a registered historic dis- Authority may accept, use, and dispose of statutory authority shall be upheld if based trict (as that term is defined in section gifts, bequests, or devises of services or prop- on a permissible construction of the statu- 47(c)(3)(B) of the Internal Revenue Code of erty, both real and personal, for the purpose tory authority. 1986), whether such address is another place of aiding or facilitating the work of the Au- (b) PROMPT APPEAL TO THE SUPREME on the National Register of Historic Places, thority. Gifts, bequests, or devises of money COURT.—Notwithstanding any other provi- and other appropriate factors. and proceeds from sales of other property re- sion of law, review by the Supreme Court of (c) ORDER OF PRECEDENCE.—In order to ceived as gifts, bequests, or devises shall be the United States of a decision of the Court carry out subsection (b)— deposited in such account as the Authority of Appeals which is issued pursuant to sub- (1) in making conversions from door deliv- may establish and shall be available for dis- section (a) may be had only if the petition ery to other primary modes of delivery— bursement upon order of the Chair. for such review is filed within 10 days after (A) conversion shall be to centralized de- (d) ADMINISTRATIVE SUPPORT SERVICES.— the entry of such decision. livery; except Upon the request of the Authority, the Ad- (c) TIMING OF RELIEF.—No order of any (B) if subparagraph (A) is impractical, con- ministrator of General Services may provide court granting declaratory or injunctive re- version shall be to curbside delivery; and to the Authority, on a reimbursable basis, lief against the Authority, including relief (2) in the case of delivery points estab- the administrative support services nec- permitting or requiring the obligation, bor- lished after the commencement date of the essary for the Authority to carry out its re- rowing, or expenditure of funds, shall take first control period under this title— sponsibilities under this title. effect during the pendency of the action be- (A) centralized delivery shall be the pri- (e) AUTHORITY TO ENTER INTO CONTRACTS.— fore such court, during the time appeal may mary mode of delivery; except The Executive Director may enter into such be taken, or (if appeal is taken) during the (B) if subparagraph (A) is impractical, contracts as the Executive Director con- period before the court has entered its final curbside delivery shall be the primary mode siders appropriate (subject to the approval of order disposing of such action. of delivery. the Chair) to carry out the Authority’s re- (d) EXPEDITED CONSIDERATION.—It shall be (d) WAIVER FOR PHYSICAL HARDSHIP.—The sponsibilities under this title. the duty of the United States Court of Ap- Postal Service shall establish and maintain (f) CIVIL ACTIONS TO ENFORCE POWERS.— peals for the District of Columbia and the a waiver program under which, upon applica- The Authority may seek judicial enforce- Supreme Court of the United States to ad- tion, door delivery may be continued or pro- ment of its authority to carry out its respon- vance on the docket and to expedite to the vided in any case in which— sibilities under this title. greatest possible extent the disposition of (1) centralized or curbside delivery would, (g) PENALTIES.— any matter brought under subsection (a). but for this subsection, otherwise be the pri- mary mode of delivery; and (1) ADMINISTRATIVE DISCIPLINE.—Any offi- SEC. 214. DELIVERY POINT MODERNIZATION. cer or employee of the Postal Service who, (2) door delivery is necessary in order to (a) DEFINITIONS.—For purposes of this sec- avoid causing significant physical hardship by action or inaction, fails to comply with tion— any directive or other order of the Authority to a postal patron. (1) the term ‘‘delivery point’’ means a (e) CENTRALIZED DELIVERY PLACEMENT.—It under section 225(c) shall be subject to appro- mailbox or other receptacle to which mail is is the sense of the Congress that the Postal priate administrative discipline, including delivered; Service should negotiate with State and suspension from duty without pay or re- (2) the term ‘‘primary mode of delivery’’ local governments, businesses, local associa- moval from office, by order of either the means the typical method by which the tions, and property owners to place central- Postmaster General or the Authority. Postal Service delivers letter mail to the de- ized delivery units in locations that maxi- (2) REPORTING REQUIREMENT.—Whenever an livery point of a postal patron; mize delivery efficiency, ease of use for post- officer or employee of the Postal Service (3) the term ‘‘door delivery’’ means a pri- al patrons, and respect for private property takes or fails to take any action which is mary mode of mail delivery whereby mail is rights. noncompliant with any directive or other placed into a slot or receptacle at or near the (f) VOUCHER PROGRAM.— order of the Authority under section 225(c), postal patron’s door or is hand delivered to a (1) IN GENERAL.—The Postal Service may, the Postmaster General shall immediately postal patron, but does not include curbside in accordance with such standards and proce- report to the Authority all pertinent facts, or centralized delivery; dures as the Postal Service shall by regula- together with a statement of any actions (4) the term ‘‘centralized delivery’’ means tion prescribe, provide for a voucher program taken by the Postmaster General or pro- a primary mode of mail delivery whereby under which— posed by the Postmaster General to be taken mail receptacles are grouped or clustered at (A) upon application, the Postal Service under paragraph (1). a single location; and may defray all or any portion of the costs as- (h) SENSE OF CONGRESS.—It is the sense of (5) the term ‘‘curbside delivery’’ means a sociated with conversion from door delivery Congress that, in making determinations primary mode of mail delivery whereby a under this section which would otherwise be that affect prior collective bargaining agree- mail receptacle is situated at the edge of a borne by postal patrons; and ments and prior agreements on workforce re- roadway or curb. (B) the Postal Service Competitive Prod- duction, any rightsizing effort within the (b) REDUCTION IN TOTAL NUMBER OF DELIV- ucts Fund is made available for that purpose. Postal Service that results in a decrease in ERY POINTS.—The Authority shall, during (2) CONFORMING AMENDMENT.—Section the number of postal employees should en- the first control period commencing under 2011(a)(2) is amended— sure that such employees can receive their this title, take such measures as may be nec- (A) in subparagraph (A), by striking ‘‘and’’ full pensions, are fully compensated, and essary and appropriate so that— after the semicolon; that the collective bargaining agreements (1) in each fiscal year beginning at least 2 (B) in subparagraph (B), by striking the pe- and prior agreements on workforce reduction years after the commencement date of such riod and inserting ‘‘; and’’; and that they entered into with Postal Service first control period— (C) by adding at the end the following: management are fully honored. (A) the total number of delivery points for ‘‘(C) vouchers under the program described SEC. 212. EXEMPTION FROM LIABILITY FOR which door delivery is the primary mode of in section 214(f)(1) of the Postal Reform Act CLAIMS. mail delivery does not exceed 25 percent of of 2012.’’. The Authority and its members may not be the corresponding number for the fiscal year (g) AUDITS.— liable for any obligation of or claim against last ending before such commencement date; (1) IN GENERAL.—The Inspector General of the Postal Service resulting from actions and the United States Postal Service— taken to carry out this title. (B) the total annual costs attributable to (A) shall conduct an annual audit to deter- SEC. 213. TREATMENT OF ACTIONS ARISING door delivery, centralized delivery, and mine whether the Postal Service is in com- UNDER THIS TITLE. curbside delivery combined will be at least pliance with the requirements of subsection (a) JURISDICTION ESTABLISHED IN UNITED $3,500,000,000 less than the corresponding (b); and STATES COURT OF APPEALS FOR THE DISTRICT total annual costs for the fiscal year last (B) shall make such recommendations as OF COLUMBIA CIRCUIT.—A person (including ending before such commencement date; and the Inspector General considers appropriate the Postal Service) adversely affected or ag- (2) in each fiscal year beginning at least 4 to improve the administration of such sub- grieved by an order or decision of the Au- years after the commencement date of such section. thority may, within 30 days after such order first control period, the total number of de- (2) SUBMISSION.—The audit and rec- or decision becomes final, institute pro- livery points for which door delivery is the ommendations under paragraph (1) shall be ceedings for review thereof by filing a peti- primary mode of mail delivery does not ex- submitted by the Inspector General to—

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2413 (A) the Committee on Oversight and Gov- (3) The financial plan and budget shall in- (i) the Authority shall approve the finan- ernment Reform of the House of Representa- clude a statement describing methods of es- cial plan and budget and shall provide the tives; and timations and significant assumptions. Postmaster General, the President, and Con- (B) the Committee on Homeland Security (4) The financial plan and budget shall in- gress with a notice certifying its approval; and Governmental Affairs of the Senate. clude any other provisions and shall meet and (3) INFORMATION.—Upon request, the Postal such other criteria as the Authority con- (ii) the Postmaster General shall promptly Service shall furnish such information as the siders appropriate to meet the purposes of submit the annual budget program to the Of- Inspector General may require in order to this title, including provisions for— fice of Management and Budget pursuant to carry out this subsection. (A) changes in personnel policies and levels section 2009 of title 39, United States Code. (h) SAVINGS REPORT.— for each component of the Postal Service; (B) DEEMED APPROVAL AFTER 30 DAYS.— (1) IN GENERAL.—In the event that a reduc- and (i) IN GENERAL.—If the Authority has not tion in door delivery points is required under (B) management initiatives to promote provided the Postmaster General, the Presi- this section, the Authority shall submit a re- productivity, improvement in the delivery of dent, and Congress with a notice certifying port to Congress, not later than 1 year after services, or cost savings. approval under subparagraph (A)(i) or a the date on which such reductions com- (c) REQUIREMENTS TO PROMOTE FINANCIAL statement of disapproval under subsection mence, describing the cost savings realized STABILITY.— (d) before the expiration of the 30-day period to the date of such submission and the esti- (1) IN GENERAL.—The requirements to pro- which begins on the date the Authority re- mated additional cost savings anticipated as mote the financial stability of the Postal ceives the financial plan and budget from the a result of such reductions occurring after Service applicable to the financial plan and Postmaster General under subsection (a), the such submission. The report shall include— budget for a fiscal year are as follows: Authority shall be deemed to have approved (A) the measures taken to achieve the real- (A) In each fiscal year (following the first the financial plan and budget and to have provided the Postmaster General, the Presi- ized savings and the assumptions and meth- full fiscal year) in a control period, budgeted dent, and Congress with the notice certifying odologies used to compute the estimated expenditures of the Postal Service for the approval under subparagraph (A)(i). cost savings; and fiscal year involved may not exceed budgeted (ii) EXPLANATION OF FAILURE TO RESPOND.— (B) information with respect to what addi- revenues of the Postal Service for the fiscal If clause (i) applies with respect to a finan- tional measures might be necessary to year involved. cial plan and budget, the Authority shall achieve the cost savings required under this (B) In each fiscal year in a control period, provide the Postmaster General, the Presi- section. the Postal Service shall make continuous, dent and Congress with an explanation for (2) REDUCTION LIMITATION.—Notwith- substantial progress towards long-term fiscal its failure to provide the notice certifying standing any other provision of this Act, if solvency and shall have substantially great- approval or the statement of disapproval the Authority determines that the measures er net income than in the previous fiscal during the 30-day period described in such described pursuant to subparagraphs (A) and year. clause. (B) of paragraph (1) are not feasible, not cost (C) The financial plan and budget shall as- (d) DISAPPROVAL OF POSTMASTER GEN- effective, or otherwise detrimental to the sure the continuing long-term financial sta- bility of the Postal Service, as indicated by ERAL’S BUDGET.—If the Authority determines mail delivery policy of the Postal Service, that the final financial plan and budget for the Authority shall submit a report to Con- factors such as the efficient management of the Postal Service’s workforce and the effec- the fiscal year submitted by the Postmaster gress stating any legislative changes rec- General under subsection (a) does not meet ommended for door delivery modernization tive provision of services by the Postal Serv- ice. the requirements applicable under section procedures under this section, including in- 221, the Authority shall disapprove the finan- (2) APPLICATION OF SOUND BUDGETARY PRAC- creasing flexibility of this section’s require- cial plan and budget, and shall provide the TICES.—In meeting the requirement de- ments or the postponement of further con- Postmaster General, the President, and Con- scribed in paragraph (1) with respect to a fi- version. gress with a statement containing— nancial plan and budget for a fiscal year, the (1) the reasons for such disapproval; Subtitle C—Establishment and Enforcement Postal Service shall apply sound budgetary (2) the amount of any shortfall in the budg- of Financial Plan and Budget for the Postal practices, including reducing costs and other et or financial plan; and Service expenditures, improving productivity, in- (3) any recommendations for revisions to creasing revenues, or a combination of such SEC. 221. DEVELOPMENT OF FINANCIAL PLAN the budget the Authority considers appro- practices. AND BUDGET FOR THE POSTAL priate to ensure that the budget is con- SERVICE. (3) ASSUMPTIONS BASED ON CURRENT LAW.— sistent with the financial plan and budget. In meeting the requirements described in (a) DEVELOPMENT OF FINANCIAL PLAN AND (e) AUTHORITY REVIEW OF POSTMASTER GEN- paragraph (1) with respect to a financial plan BUDGET.—For each fiscal year for which the ERAL’S REVISED FINAL FINANCIAL PLAN AND and budget for a fiscal year, the Postal Serv- Postal Service is in a control period, the BUDGET.— ice shall base estimates of revenues and ex- Postmaster General shall develop and submit (1) SUBMISSION OF POSTMASTER GENERAL’S penditures on Federal law as in effect at the to the Authority a financial plan and budget REVISED FINAL FINANCIAL PLAN AND BUDGET.— for the Postal Service in accordance with time of the preparation of such financial Not later than 15 days after receiving the this section. plan and budget. statement from the Authority under sub- (b) CONTENTS OF FINANCIAL PLAN AND SEC. 222. PROCESS FOR SUBMISSION AND AP- section (d), the Postmaster General shall PROVAL OF FINANCIAL PLAN AND BUDGET.—A financial plan and budget for the promptly adopt a revised final financial plan BUDGET. Postal Service for a fiscal year shall specify and budget for the fiscal year which address- (a) IN GENERAL.—For each fiscal year for the budget for the Postal Service as required which the Postal Service is in a control pe- es the reasons for the Authority’s dis- by section 2009 of title 39, United States riod, the Postmaster General shall submit to approval cited in the statement, and shall Code, for the applicable fiscal year and the the Authority— submit such financial plan and budget to the next 3 fiscal years, in accordance with the (1) by February 1 before the start of such Authority. following requirements: fiscal year, a preliminary financial plan and (2) APPROVAL OF POSTMASTER GENERAL’S (1) The financial plan and budget shall budget under section 221 for such fiscal year; REVISED FINAL FINANCIAL PLAN AND BUDGET.— meet the requirements described in sub- and If, after reviewing the revised final financial section (c) to promote the financial stability (2) by August 1 before the start of such fis- plan and budget for a fiscal year submitted of the Postal Service. cal year, a final financial plan and budget by the Postmaster General under paragraph (2) The financial plan and budget shall— under section 221 for such fiscal year. (1) in accordance with the procedures de- (A) include the Postal Service’s annual (b) REVIEW BY AUTHORITY.—Upon receipt of scribed in this section, the Authority deter- budget program (under section 2009 of title a financial plan and budget under subsection mines that the revised final financial plan 39, United States Code) and the Postal Serv- (a) (whether preliminary or final), the Au- and budget meets the requirements applica- ice’s plan commonly referred to as its ‘‘Inte- thority shall promptly review such financial ble under section 221— grated Financial Plan’’; plan and budget. In conducting the review, (A) the Authority shall approve the finan- (B) describe lump-sum expenditures by all the Authority may request any additional cial plan and budget and shall provide the categories traditionally used by the Postal information it considers necessary and ap- Postmaster General, the President, and Con- Service; propriate to carry out its duties under this gress with a notice certifying its approval; (C) describe capital expenditures (together subtitle. and with a schedule of projected capital commit- (c) APPROVAL OF POSTMASTER GENERAL’S (B) the Postmaster General shall promptly ments and cash outlays of the Postal Service FINANCIAL PLAN AND BUDGET.— submit the annual budget program to the Of- and proposed sources of funding); (1) CERTIFICATION TO POSTMASTER GEN- fice of Management and Budget pursuant to (D) contain estimates of overall debt (both ERAL.— section 2009 of title 39, United States Code. outstanding and anticipated to be issued); (A) IN GENERAL.—If the Authority deter- (3) DISAPPROVAL OF POSTMASTER GENERAL’S and mines that the final financial plan and budg- REVISED FINAL FINANCIAL PLAN AND BUDGET.— (E) contain cash flow and liquidity fore- et for the fiscal year submitted by the Post- (A) IN GENERAL.—If, after reviewing the re- casts for the Postal Service at such intervals master General under subsection (a) meets vised final financial plan and budget for a as the Authority may require. the requirements of section 221— fiscal year submitted by the Postmaster

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2414 CONGRESSIONAL RECORD — SENATE April 17, 2012 General under paragraph (1) in accordance by the Postmaster General pursuant to this cantly inconsistent with the applicable fi- with the procedures described in this sub- subsection does not increase the amount of nancial plan and budget, the Authority section, the Authority determines that the spending with respect to any account of the shall— revised final financial plan and budget does Postal Service, the revision shall become ef- (i) notify the Postmaster General of its not meet the applicable requirements under fective upon the Authority’s approval of finding; section 221, the Authority shall— such revision. (ii) provide the Postmaster General with (i) disapprove the financial plan and budg- SEC. 223. RESPONSIBILITIES OF THE AUTHORITY. an explanation of the reasons for its finding; et; (a) IN GENERAL.—The Authority shall di- and (ii) provide the Postmaster General, the rect the exercise of the powers of the Postal (iii) to the extent the Authority considers President, and Congress with a statement Service, including— appropriate, provide the Postmaster General containing the reasons for such disapproval (1) determining its overall strategies (both with recommendations for modifications to and describing the amount of any shortfall long-term and short-term); the proposal. in the financial plan and budget; and (2) determining its organizational struc- (4) DEEMED APPROVAL.—If the Authority (iii) approve and recommend a financial ture, particularly for senior management at does not notify the Postmaster General that plan and budget for the Postal Service which the level of vice president and higher; it approves or disapproves a proposal sub- meets the applicable requirements under sec- (3) hiring, monitoring, compensating, and, mitted under this subsection during the 7- tion 221, and submit such financial plan and when necessary, replacing senior manage- day period which begins on the date the budget to the Postmaster General, the Presi- ment at the level of vice president and high- Postmaster General submits the proposal to dent, and Congress. er, as well as ensuring adequate succession the Authority, the Authority shall be (B) SUBMISSION TO OMB.—Upon receipt of planning for these positions; deemed to have approved the proposal in ac- the recommended financial plan and budget (4) approving major policies, particularly cordance with paragraph (3)(A). At the op- under subparagraph (A)(iii), the Postmaster those that have an important effect on the tion of the Authority, the previous sentence General shall promptly submit the rec- Postal Service’s financial position and the shall be applied as if the reference in such ommended annual budget program to the Of- provision of universal postal service; sentence to ‘‘7-day period’’ were a reference fice of Management and Budget pursuant to to ‘‘14-day period’’ if, during the 7-day period section 2009 of title 39, United States Code. (5) approving corporate budgets, financial and capital plans, operational and service referred to in the preceding sentence, the (4) DEEMED APPROVAL AFTER 15 DAYS.— performance standards and targets, human Authority so notifies the Postmaster Gen- (A) IN GENERAL.—If the Authority has not eral. provided the Postmaster General, the Presi- resources strategies, collective bargaining strategies, negotiation parameters, and col- (c) EFFECT OF APPROVED FINANCIAL PLAN dent, and Congress with a notice certifying AND BUDGET ON CONTRACTS AND LEASES.— approval under paragraph (2)(A) or a state- lective bargaining agreements, and the com- (1) MANDATORY PRIOR APPROVAL FOR CER- ment of disapproval under paragraph (3) be- pensation structure for nonbargaining em- TAIN CONTRACTS AND LEASES.— fore the expiration of the 15-day period ployees; (6) approving substantial capital projects (A) IN GENERAL.—In the case of a contract which begins on the date the Authority re- or lease described in subparagraph (B) which ceives the revised final financial plan and and any substantial disposition of capital as- sets, such as surplus property; is proposed to be entered into, renewed, budget submitted by the Postmaster General modified, or extended by the Postal Service under paragraph (1), the Authority shall be (7) approving changes in rates and classi- fications, new products and services, policy during a control period, the Postmaster Gen- deemed to have approved the revised final fi- eral (or the appropriate officer or agent of nancial plan and budget and to have provided regarding other substantial matters before the Postal Regulatory Commission, and any the Postal Service) shall submit the pro- the Postmaster General, the President, and posed contract or lease to the Authority. Congress with the notice certifying approval appeals of its decisions or orders to the Fed- eral courts; The Authority shall review each contract or described in paragraph (2)(A). lease submitted under this subparagraph, (B) EXPLANATION OF FAILURE TO RESPOND.— (8) approving the Postal Service Annual Report, Annual Comprehensive Statement, and the Postmaster General (or the appro- If subparagraph (A) applies with respect to a priate officer or agent of the Postal Service) financial plan and budget, the Authority and strategic plans, performance plans, and performance program reports under chapter may not enter into the contract or lease un- shall provide the Postmaster General, the less the Authority determines that the pro- President and Congress with an explanation 28 of title 39, United States Code; (9) formulating and communicating organi- posed contract or lease is consistent with the for its failure to provide the notice certi- financial plan and budget for the fiscal year. fying approval or the statement of dis- zational policy and positions on legislative (B) CONTRACTS AND LEASES DESCRIBED.—A approval during the 15-day period described and other public policy matters to Congress and the public; contract or lease described in this subpara- in such subparagraph. graph is— (f) DEADLINE FOR TRANSMISSION OF FINAN- (10) ensuring organizational responsiveness (i) a labor contract entered into through CIAL PLAN AND BUDGET BY AUTHORITY.—Not- to oversight by Congress, the Postal Regu- collective bargaining; or withstanding any other provision of this sec- latory Commission, the Treasury of the tion, not later than September 30th before United States, and other audit entities; (ii) such other type of contract or lease as each fiscal year which is in a control period, (11) ensuring adequate internal controls the Authority may specify for purposes of the Authority shall— and selecting, monitoring, and compensating this subparagraph. (1) provide Congress with a notice certi- an independent public accounting firm to (2) AUTHORITY TO REVIEW OTHER CONTRACTS fying its approval of the Postmaster Gen- conduct an annual audit of the Postal Serv- AFTER EXECUTION.— eral’s initial financial plan and budget for ice; and (A) IN GENERAL.—In addition to the prior the fiscal year under subsection (c)(1); (12) carrying out any responsibility, not approval of certain contracts and leases, the (2) provide Congress with a notice certi- otherwise listed in this subsection, that was Postal Service shall submit to the Author- fying its approval of the Postmaster Gen- the responsibility of the Board of Governors ity— eral’s revised final financial plan and budget at any time during the 5-year period ending (i) any Level-Two Post Career Executive for the fiscal year under subsection (e)(2); or on the date of the enactment of this Act. Service employee contract that is in effect (3) submit to Congress an approved and (b) REVIEW OF POSTAL SERVICE PRO- during a control period; and recommended financial plan and budget of POSALS.— (ii) any collective bargaining agreement the Authority for the Postal Service for the (1) SUBMISSION OF POSTAL SERVICE PRO- entered into by the Postal Service that is in fiscal year under subsection (e)(3)(A)(iii). POSALS TO THE AUTHORITY.—During a control effect during a control period. (g) REVISIONS TO FINANCIAL PLAN AND period, the Postmaster General shall submit Any such contract or agreement shall be BUDGET.— to the Authority any proposal that has a submitted to the Authority upon the com- (1) PERMITTING POSTMASTER GENERAL TO substantial effect on any item listed in sub- mencement of a control period and at such SUBMIT REVISIONS.—The Postmaster General section (a). other times as the Authority may require. may submit proposed revisions to the finan- (2) PROMPT REVIEW BY AUTHORITY.—Upon (B) REVIEW BY AUTHORITY.—The Authority cial plan and budget for a control period to receipt of a proposal from the Postmaster shall review each contract submitted under the Authority at any time during the year. General under paragraph (1), the Authority subparagraph (A) to determine if the con- (2) PROCESS FOR REVIEW, APPROVAL, DIS- shall promptly review the proposal to deter- tract is consistent with the financial plan APPROVAL, AND POSTMASTER GENERAL AC- mine whether it is consistent with the appli- and budget for the fiscal year. If the Author- TION.—Except as provided in paragraph (3), cable financial plan and budget approved ity determines that the contract is not con- the procedures described in subsections (b), under this title. sistent with the financial plan and budget, (c), (d), and (e) shall apply with respect to a (3) ACTIONS BY AUTHORITY.— the Authority shall take such actions as are proposed revision to a financial plan and (A) APPROVAL.—If the Authority deter- within the Authority’s powers to revise the budget in the same manner as such proce- mines that a proposal is consistent with the contract. dures apply with respect to the original fi- applicable financial plan and budget, the Au- SEC. 224. EFFECT OF FINDING NONCOMPLIANCE nancial plan and budget. thority shall notify the Postmaster General WITH FINANCIAL PLAN AND BUDG- (3) EXCEPTION FOR REVISIONS NOT AFFECTING that it approves the proposal. ET. SPENDING.—To the extent that a proposed re- (B) FINDING OF INCONSISTENCY.—If the Au- (a) SUBMISSION OF REPORTS.—Not later vision to a financial plan and budget adopted thority determines that a proposal is signifi- than 30 days after the expiration of each

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2415 quarter of each fiscal year beginning in a service delivery efficiency of the Postal priate, after consulting with the Committee control period, the Postmaster General shall Service, including recommendations relating on Oversight and Government Reform of the submit reports to the Authority describing to— House of Representatives and the Committee the actual revenues obtained and expendi- (1) the management of the Postal Service’s on Homeland Security and Governmental Af- tures made by the Postal Service during the financial affairs, including cash forecasting, fairs of the Senate. quarter with its cash flows during the quar- information technology, placing controls on (2) EFFECTIVE DATE.—This subsection shall ter, and comparing such actual revenues, ex- expenditures for personnel, reducing benefit apply with respect to recommendations of penditures, and cash flows with the most re- costs, reforming procurement practices, and the Authority made after the expiration of cent projections for these items. placing other controls on expenditures; the 6-month period which begins on the date (b) ADDITIONAL INFORMATION.—If the Au- (2) the relationship between the Postal of the commencement of a control period. thority determines, based on reports sub- Service and other entities of the Federal SEC. 226. SPECIAL RULES FOR FISCAL YEAR IN mitted by the Postmaster General under sub- Government; WHICH CONTROL PERIOD COM- section (a), independent audits, or such other (3) the structural relationship of subdivi- MENCES. information as the Authority may obtain, sions within the Postal Service; (a) ADOPTION OF TRANSITION BUDGET.—Not- that the revenues or expenditures of the (4) the modification of existing revenue withstanding any provision of section 222 to Postal Service during a control period are structures, or the establishment of addi- the contrary, in the case of a fiscal year in not consistent with the financial plan and tional revenue structures; which a control period commences, the fol- budget for the year, the Authority shall re- (5) the establishment of alternatives for lowing rules shall apply: quire the Postmaster General to provide meeting obligations to pay for the pensions (1) Not later than 45 days after the appoint- such additional information as the Author- and retirement benefits of current and future ment of its members, the Authority shall re- ity determines to be necessary to explain the Postal Service retirees; view the proposed Integrated Financial Plan inconsistency. (6) modifications of services which are the for the Postal Service for such fiscal year (c) CERTIFICATION OF VARIANCE.— responsibility of and are delivered by the and shall submit any recommendations for (1) IN GENERAL.—After requiring the Post- Postal Service; modifications to such plan to promote the fi- master General to provide additional infor- (7) modifications of the types of services nancial stability of the Postal Service to the mation under subsection (b), the Authority which are delivered by entities other than Postmaster General, the President, and Con- shall certify to the Postmaster General, the the Postal Service under alternative service gress. President, the Secretary of the Treasury, delivery mechanisms; (2) Not later than 15 days after receiving and Congress that the Postal Service is at (8) the effects of Federal Government laws the recommendations of the Authority sub- variance with the financial plan and budget and court orders on the operations of the mitted under paragraph (1), the Postmaster unless— Postal Service; General shall promptly adopt a revised budg- (A) the additional information provides an (9) the increased use of a personnel system et for the fiscal year (in this section referred explanation for the inconsistency which the for employees of the Postal Service which is to as the ‘‘transition budget’’), and shall sub- Authority finds reasonable and appropriate; based upon employee performance standards; mit the transition budget to the Authority, or and the President, and Congress. (B)(i) the Postal Service adopts or imple- (10) the improvement of personnel training (3) Not later than 15 days after receiving ments remedial action (including revising and proficiency, the adjustment of staffing the transition budget from the Postmaster the financial plan and budget pursuant to levels, and the improvement of training and General under paragraph (2), the Authority section 222(g)) to correct the inconsistency performance of management and supervisory shall submit a report to the Postmaster Gen- which the Authority finds reasonable and ap- personnel. eral, the President, and Congress analyzing propriate, taking into account the terms of (b) RESPONSE TO RECOMMENDATIONS FOR AC- the budget (taking into account any items or the financial plan and budget; and TIONS WITHIN AUTHORITY OF POSTAL SERV- provisions disapproved by the Postmaster (ii) the Postmaster General agrees to sub- ICE.— General) and shall include in the report such mit the reports described in subsection (a) on (1) IN GENERAL.—In the case of any rec- recommendations for revisions to the transi- a monthly basis for such period as the Au- ommendations submitted under subsection tion budget as the Authority considers ap- thority may require. (a) during a control period which are within propriate to promote the financial stability (2) SPECIAL RULE FOR INCONSISTENCIES AT- the authority of the Postal Service to adopt, of the Postal Service during the fiscal year. TRIBUTABLE TO ACTS OF CONGRESS.— not later than 90 days after receiving the (b) FINANCIAL PLAN AND BUDGET.— (A) DETERMINATION BY AUTHORITY.—If the recommendations, the Postmaster General (1) DEADLINE FOR SUBMISSION.—For pur- Authority determines that the revenues or shall submit a statement to the Authority, poses of section 222, the Postmaster General expenditures of the Postal Service during a the President, and Congress which provides shall submit the financial plan and budget control period are not consistent with the fi- notice as to whether the Postal Service will for the applicable fiscal year as soon as prac- nancial plan and budget for the year as ap- adopt the recommendations. ticable after the commencement of a control proved by the Authority under section 222 as (2) IMPLEMENTATION PLAN REQUIRED FOR period (in accordance with guidelines estab- a result of the terms and conditions of any ADOPTED RECOMMENDATIONS.—If the Post- lished by the Authority). law enacted by Congress which affects the master General notifies the Authority and (2) ADOPTION BY POSTMASTER GENERAL.—In Postal Service, the Authority shall so notify Congress under paragraph (1) that the Postal accordance with the procedures applicable the Postmaster General. Service will adopt any of the recommenda- under section 222 (including procedures pro- (B) CERTIFICATION.—In the case of an in- tions submitted under subsection (a), the viding for review by the Authority) the Post- consistency described in subparagraph (A), Postmaster General shall include in the master General shall adopt the financial the Authority shall certify to the Post- statement a written plan to implement the plan and budget for the applicable fiscal year master General, the President, the Secretary recommendation which includes— (including the transition budget incor- of the Treasury, and Congress that the Post- (A) specific performance measures to de- porated in the financial plan and budget). al Service is at variance with the financial termine the extent to which the Postal Serv- (3) TRANSITION BUDGET AS TEMPORARY FI- plan and budget unless the Postal Service ice has adopted the recommendation; and NANCIAL PLAN AND BUDGET.—Until the ap- adopts or implements remedial action (in- (B) a schedule for auditing the Postal Serv- proval of the financial plan and budget for cluding revising the financial plan and budg- ice’s compliance with the plan. the applicable fiscal year by the Authority et pursuant to section 202(e)) to correct the (3) EXPLANATIONS REQUIRED FOR REC- under this subsection, the transition budget inconsistency which the Authority finds rea- OMMENDATIONS NOT ADOPTED.—If the Post- established under subsection (a) shall serve sonable and appropriate, taking into account master General notifies the Authority, the as the financial plan and budget adopted the terms of the financial plan and budget. President, and Congress under paragraph (1) under this subtitle for purposes of this Act (d) EFFECT OF CERTIFICATION.—If the Au- that the Postal Service will not adopt any thority certifies to the Secretary of the recommendation submitted under subsection (and any provision of law amended by this Treasury that a variance exists, the Author- (a) which the Postal Service has authority to Act) for the applicable fiscal year. ity or the Secretary may withhold access by adopt, the Postmaster General shall include SEC. 227. ASSISTANCE IN ACHIEVING FINANCIAL the Postal Service to additional supple- in the statement explanations for the rejec- STABILITY, ETC. mentary debt authorized by this title. tion of the recommendations. In addition to any other actions described SEC. 225. RECOMMENDATIONS REGARDING FI- (c) IMPLEMENTATION OF REJECTED REC- in this title, the Authority may undertake NANCIAL STABILITY, ETC. OMMENDATIONS BY AUTHORITY.— cooperative efforts to assist the Postal Serv- (a) IN GENERAL.—The Authority may at (1) IN GENERAL.—If the Postmaster General ice in achieving financial stability and man- any time submit recommendations to the notifies the Authority, the President, and agement efficiency, including— Postmaster General, the President, and Con- Congress under subsection (b)(1) that the (1) assisting the Postal Service in avoiding gress on actions the Postal Service or any Postal Service will not adopt any rec- defaults, eliminating and liquidating defi- other entity of the Federal Government ommendation submitted under subsection (a) cits, maintaining sound budgetary practices, should take to ensure compliance by the which the Postal Service has authority to and avoiding interruptions in the delivery of Postal Service with a financial plan and adopt, the Authority may by a majority vote services; budget or to otherwise promote the financial of its members take such action concerning (2) assisting the Postal Service in improv- stability, management responsibility, and the recommendation as it deems appro- ing the delivery of services, the training and

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2416 CONGRESSIONAL RECORD — SENATE April 17, 2012 effectiveness of personnel of the Postal Serv- proving of the recommendation in subsection spective House shall immediately proceed to ice, and the efficiency of management and (a) is enacted, in accordance with section 232, consideration of the joint resolution without supervision; and before the earlier of— intervening motion, order, or other business, (3) making recommendations to the Presi- (A) the end of the 30-day period beginning and the resolution shall remain the unfin- dent for transmission to Congress on changes on the date on which the Authority trans- ished business of the respective House until to this Act or other Federal laws, or other mits the recommendation to Congress under disposed of. actions of the Federal Government, which subsection (a); or (2) DEBATE.—Debate on the resolution, and would assist the Postal Service in complying (B) the adjournment of the Congress sine on all debatable motions and appeals in con- with an approved financial plan and budget die for the session during which such rec- nection therewith, shall be limited to not under subtitle B. ommendation is transmitted. more than 2 hours, which shall be divided SEC. 228. OBTAINING REPORTS. (2) DAYS OF SESSION.—For purposes of para- equally between those favoring and those op- The Authority may require the Postmaster graph (1) and subsections (a) and (c) of sec- posing the resolution. An amendment to the General, the Chief Financial Officer of the tion 232, the days on which either House of resolution is not in order. A motion further Postal Service, and the Inspector General of Congress is not in session because of an ad- to limit debate is in order and not debatable. the Postal Service, to prepare and submit journment of more than 3 days to a day cer- A motion to postpone, or a motion to pro- such reports as the Authority considers ap- tain shall be excluded in the computation of ceed to the consideration of other business, propriate to assist it in carrying out its re- a period. or a motion to recommit the resolution is sponsibilities under this title, including sub- SEC. 232. CONGRESSIONAL CONSIDERATION OF not in order. A motion to reconsider the vote mitting copies of any reports regarding reve- RECOMMENDATION. by which the resolution is agreed to or dis- nues, expenditures, budgets, costs, plans, op- (a) TERMS OF THE RESOLUTION.—For pur- agreed to is not in order. erations, estimates, and other financial or poses of this subtitle, the term ‘‘joint resolu- (3) VOTE ON FINAL PASSAGE.—Immediately budgetary matters of the Postal Service. tion’’ means only a joint resolution which is following the conclusion of the debate on a SEC. 229. REPORTS AND COMMENTS. introduced within the 10-day period begin- resolution described in subsection (a) and a (a) ANNUAL REPORTS TO CONGRESS.—Not ning on the date on which the recommenda- single quorum call at the conclusion of the later than 30 days after the last day of each tion referred to in section 231(a) is received debate if requested in accordance with the fiscal year which is a control year, the Au- by Congress— rules of the appropriate House, the vote on thority shall submit a report to Congress de- (1) the matter after the resolving clause of final passage of the resolution shall occur. scribing— which is as follows: ‘‘That Congress approves (4) APPEALS.—Appeals from the decisions (1) the progress made by the Postal Service the recommendation of the Postal Service of the Chair relating to the application of in meeting the objectives of this title during Financial Responsibility and Management the rules of the Senate or the House of Rep- the fiscal year; Assistance Authority, submitted by such Au- resentatives, as the case may be, to the pro- (2) the assistance provided by the Author- thority on ll.’’, the blank space being filled cedure relating to a resolution described in ity to the Postal Service in meeting the pur- in with the appropriate date; subsection (a) shall be decided without de- poses of this title for the fiscal year; and (2) the title of which is as follows: ‘‘Joint bate. (3) any other activities of the Authority resolution approving the recommendation of (e) CONSIDERATION BY OTHER HOUSE.— during the fiscal year. Postal Service Financial Responsibility and (1) IN GENERAL.—If, before the passage by (b) REVIEW AND ANALYSIS OF PERFORMANCE Management Assistance Authority.’’; and one House of a resolution of that House de- AND FINANCIAL ACCOUNTABILITY REPORTS.— (3) which does not have a preamble. scribed in subsection (a), that House receives The Authority shall review each yearly re- (b) REFERRAL.—A resolution described in from the other House a resolution described port prepared and submitted by the Post- subsection (a) that is introduced in the in subsection (a), then the following proce- master General to the Postal Regulatory House of Representatives or the Senate shall dures shall apply: Commission and Congress and shall submit a be referred to the appropriate committees of (A) The resolution of the other House shall report to Congress analyzing the complete- the House of Representatives or the Senate, not be referred to a committee and may not ness and accuracy of such reports. respectively. be considered in the House receiving it ex- (c) DISCHARGE.—If the committee to which (c) COMMENTS REGARDING ACTIVITIES OF cept in the case of final passage as provided a resolution described in subsection (a) is re- POSTAL SERVICE.—At any time during a con- in subparagraph (B)(ii). ferred has not reported such resolution (or trol period, the Authority may submit a re- (B) With respect to a resolution described an identical resolution) by the end of the 20- port to Congress describing any action taken in subsection (a) of the House receiving the day period beginning on the date on which by the Postal Service (or any failure to act resolution— the Authority transmits its recommendation by the Postal Service) which the Authority (i) the procedure in that House shall be the to Congress under section 231(a) such com- determines will adversely affect the Postal same as if no resolution had been received mittee shall, at the end of such period, be Service’s ability to comply with an approved from the other House; but financial plan and budget under subtitle B or discharged from further consideration of such resolution, and such resolution shall be (ii) the vote on final passage shall be on will otherwise have a significant adverse im- the resolution of the other House. pact on the best interests of the Postal Serv- placed on the appropriate calendar of the (2) DISPOSITION OF A RESOLUTION.—Upon ice. House involved. disposition of the resolution received from (d) REPORTS ON EFFECT OF FEDERAL LAWS (d) CONSIDERATION.— the other House, it shall no longer be in ON THE POSTAL SERVICE.—At any time during (1) IN GENERAL.—On or after the third day any year, the Authority may submit a report after the date on which the committee to order to consider the resolution that origi- to the Postmaster General, the President, which such a resolution is referred has re- nated in the receiving House. (f) RULES OF THE SENATE AND HOUSE.—This and Congress on the effect of laws enacted by ported, or has been discharged (under sub- section is enacted by Congress— Congress on the financial plan and budget for section (c)) from further consideration of, the year and on the financial stability and such a resolution, it is in order (even though (1) as an exercise of the rulemaking power management efficiency of the Postal Service a previous motion to the same effect has of the Senate and House of Representatives, in general. been disagreed to) for any Member of the re- respectively, and as such it is deemed a part (e) MAKING REPORTS PUBLICLY AVAIL- spective House to move to proceed to the of the rules of each House, respectively, but ABLE.—The Authority shall make any report consideration of the resolution. A Member applicable only with respect to the procedure submitted under this section available to the may make the motion only on the day after to be followed in that House in the case of a public, except to the extent that the Author- the calendar day on which the Member an- resolution described in subsection (a), and it ity determines that the report contains con- nounces to the House concerned the Mem- supersedes other rules only to the extent fidential material. ber’s intention to make the motion, except that it is inconsistent with such rules; and (2) with full recognition of the constitu- Subtitle D—Termination of a Control Period that, in the case of the House of Representa- tives, the motion may be made without such tional right of either House to change the SEC. 231. TERMINATION OF CONTROL PERIOD, rules (so far as relating to the procedure of ETC. prior announcement if the motion is made by that House) at any time, in the same man- (a) IN GENERAL.—After the completion of direction of the committee to which the res- ner, and to the same extent as in the case of the requirements for the termination of a olution was referred. All points of order any other rule of that House. control period described in section 202(b)(4), against the resolution (and against consider- the Authority shall submit a recommenda- ation of the resolution) are waived. The mo- TITLE III—POSTAL SERVICE WORKFORCE tion to Congress requesting the termination tion is highly privileged in the House of Rep- SEC. 301. MODIFICATIONS RELATING TO DETER- of such control period, the dissolution of the resentatives and is privileged in the Senate MINATION OF PAY COMPARABILITY. Authority, and the reinstatement to the and is not debatable. The motion is not sub- (a) POSTAL POLICY.—The first sentence of Board of Governors (and the individual Gov- ject to amendment, or to a motion to post- section 101(c) is amended— ernors) of the Postal Service of the authori- pone, or to a motion to proceed to the con- (1) by inserting ‘‘total’’ before ‘‘rates and ties and responsibilities referred to in sec- sideration of other business. A motion to re- types of compensation’’; and tion 202(b)(2)(A). consider the vote by which the motion is (2) by inserting ‘‘entire’’ before ‘‘private (b) CONGRESSIONAL APPROVAL.— agreed to or disagreed to shall not be in sector’’. (1) IN GENERAL.—A control period shall not order. If a motion to proceed to the consider- (b) EMPLOYMENT POLICY.—The second sen- be terminated unless a joint resolution ap- ation of the resolution is agreed to, the re- tence of section 1003(a) is amended—

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2417 (1) by inserting ‘‘total’’ before ‘‘compensa- ‘‘(e) Any collective-bargaining agreement graph (5), the arbitration board shall select 1 tion and benefits’’; and between the Postal Service and the bar- of those packages as its tentative award, (2) by inserting ‘‘entire’’ before ‘‘private gaining representatives recognized under subject to paragraph (7). sector’’. section 1203 ratified before the date of enact- ‘‘(7)(A) The arbitration board may not se- (c) CONSIDERATIONS.—For purposes of the ment of this Act that contain any provision lect a final offer package under paragraph (6) amendments made by this section, any de- violating subsection (d) shall be renegotiated unless it satisfies each of the following: termination of ‘‘total rates and types of with a new collective-bargaining agreement ‘‘(i) The offer complies with the require- compensation’’ or ‘‘total compensation and to be ratified or imposed through an arbitra- ments of sections 101(c) and 1003(a). benefits’’ shall, at a minimum, take into ac- tion decision under section 1207 within 9 ‘‘(ii) The offer takes into account the cur- count pay, health benefits, retirement bene- months after such date of enactment. rent financial condition of the Postal Serv- fits, life insurance benefits, leave, holidays, ‘‘(f)(1) If a collective-bargaining agreement ice. and continuity and stability of employment. between the Postal Service and bargaining ‘‘(iii) The offer takes into account the SEC. 302. LIMITATION ON POSTAL CONTRIBU- representatives recognized under section long-term financial condition of the Postal TIONS UNDER FEGLI AND FEHBP. 1203, ratified after the date of enactment of Service. Section 1003 is amended by adding at the this subsection, includes reduction-in-force ‘‘(B)(i) If the board unanimously deter- end the following: procedures which can be applied in lieu of re- mines, based on clear and convincing evi- ‘‘(e)(1) At least 1 month before the start of duction-in-force procedures under title 5, the dence presented during the hearing under each fiscal year as described in paragraph (2), Postal Service may, in its discretion, apply paragraph (3), that neither final offer pack- the Postmaster General shall transmit to with respect to members of the applicable age satisfies the conditions set forth in sub- the Postal Regulatory Commission certifi- bargaining unit— paragraph (A), the board shall by majority cation (together with such supporting docu- ‘‘(A) the alternative procedures (or, if 2 or vote— mentation as the Postal Regulatory Com- more are agreed to, 1 of the alternative pro- ‘‘(I) select the package that best meets mission may require) that contributions of cedures); or such conditions; and the Postal Service for such fiscal year will ‘‘(B) the reduction-in-force procedures ‘‘(II) modify the package so selected to the not exceed— under title 5. minimum extent necessary to satisfy such ‘‘(A) in the case of life insurance under ‘‘(2) In no event may, if procedures for the conditions. ‘‘(ii) If modification (as described in sub- chapter 87 of title 5, the Government con- resolution of a dispute or impasse arising in paragraph (B)(i)(II)) is necessary, the board tributions determined under section 8708 of the negotiation of a collective-bargaining shall have an additional 7 days to render its such title; and agreement (whether through binding arbitra- tentative award under this subparagraph. ‘‘(B) in the case of health insurance under tion or otherwise) are invoked under this chapter, the award or other resolution ‘‘(8) The parties may negotiate a substitute chapter 89 of title 5, the Government con- award to replace the tentative award se- tributions determined under 8906 of such reached under such procedures provide for the elimination of, or the substitution of any lected under paragraph (6) or rendered under title. paragraph (7) (as the case may be). If no ‘‘(2) This subsection applies with respect alternative procedures in lieu of, reduction- in-force procedures under title 5.’’. agreement on a substitute award is reached to— within 10 days after the date on which the ‘‘(A) except as provided in subparagraph SEC. 305. MODIFICATIONS RELATING TO COLLEC- TIVE BARGAINING. tentative award is so selected or rendered, (B), each fiscal year beginning after Sep- the tentative award shall become final. tember 30, 2013; and Section 1207 is amended by striking sub- sections (c) and (d) and inserting the fol- ‘‘(9) The arbitration board shall review any ‘‘(B) in the case of officers and employees substitute award negotiated under paragraph of the Postal Service covered by a collective lowing: ‘‘(c)(1) If no agreement is reached within 30 (8) to determine if it satisfies the conditions bargaining agreement which is in effect on days after the appointment of a mediator set forth in paragraph (7)(A). If the arbitra- the date of the enactment of this sub- under subsection (b), or if the parties decide tion board, by a unanimous vote taken with- section— upon arbitration before the expiration of the in 3 days after the date on which the agree- ‘‘(i) each fiscal year beginning after the ex- 30-day period, an arbitration board shall be ment on the substitute award is reached piration date of such agreement, including established consisting of 1 member selected under paragraph (8), determines that the ‘‘(ii) for the fiscal year in which such expi- by the Postal Service (from the list under substitute award does not satisfy such condi- ration date occurs, any portion of such fiscal paragraph (2)), 1 member selected by the bar- tions, the tentative award shall become year remaining after such expiration date. gaining representative of the employees final. In the absence of a vote, as described ‘‘(3)(A) If, after reasonable notice and op- (from the list under paragraph (2)), and the in the preceding sentence, the substitute portunity for hearing is afforded to the Post- mediator appointed under subsection (b). agreement shall become final. al Service, the Postal Regulatory Commis- ‘‘(2) Upon receiving a request from either ‘‘(10) If, under paragraph (5), neither party sion finds that the contributions of the Post- of the parties referred to in paragraph (1), submits a final offer package by the last day al Service for a fiscal year will exceed or are the Director of the Federal Mediation and allowable under such paragraph, the arbitra- exceeding the limitation specified in sub- Conciliation Service shall provide a list of tion board shall develop and issue a final paragraph (A) or (B) of paragraph (1), the not less than 9 individuals who are well award no later than 20 days after such last Commission shall order that the Postal Serv- qualified to serve as neutral arbitrators. day. ice take such action as the Commission con- Each person listed shall be an arbitrator of ‘‘(11) A final award or agreement under siders necessary to achieve full and imme- nationwide reputation and professional na- this subsection shall be conclusive and bind- diate compliance with the applicable limita- ture, a member of the National Academy of ing upon the parties. tion or limitations. ‘‘(12) Costs of the arbitration board and Arbitrators, and an individual whom the Di- ‘‘(B) Sections 3663 and 3664 shall apply with mediation shall be shared equally by the rector has determined to be willing and respect to any order issued by the Postal Postal Service and the bargaining represent- available to serve. If, within 7 days after the Regulatory Commission under subparagraph ative. list is provided, either of the parties has not (A). ‘‘(d) In the case of a bargaining unit whose selected an individual from the list, the Di- ‘‘(C) Nothing in this paragraph shall be recognized collective-bargaining representa- rector shall make the selection within 3 considered to permit the issuance of an order tive does not have an agreement with the days. Postal Service, if the parties fail to reach requiring reduction of contributions below ‘‘(3) The arbitration board shall give the agreement within 90 days after the com- the level specified by the provision of law parties a full and fair hearing, including an mencement of collective bargaining, a medi- cited in subparagraph (A) or (B) of paragraph opportunity to present evidence in support of ator shall be appointed in accordance with (1), as applicable.’’. their claims, and an opportunity to present the provisions of subsection (b), unless the SEC. 303. REPEAL OF PROVISION RELATING TO their case in person, by counsel, or by other parties have previously agreed to another OVERALL VALUE OF FRINGE BENE- representative as they may elect. The hear- FITS. procedure for a binding resolution of their ing shall be concluded no more than 40 days differences. If the parties fail to reach agree- The last sentence of section 1005(f) is re- after the arbitration board is established. pealed. ‘‘(4) No more than 7 days after the hearing ment within 180 days after the commence- SEC. 304. APPLICABILITY OF REDUCTION-IN- is concluded, each party shall submit to the ment of collective bargaining, an arbitration FORCE PROCEDURES. arbitration board 2 offer packages, each of board shall be established to provide conclu- Section 1206 is amended by adding at the which packages shall specify the terms of a sive and binding arbitration in accordance end the following: proposed final agreement. with the provisions of subsection (c).’’. ‘‘(d) Collective-bargaining agreements be- ‘‘(5) If no agreement is reached within 7 TITLE IV—FEDERAL EMPLOYEE’S tween the Postal Service and bargaining rep- days after the last day date for the submis- COMPENSATION ACT resentatives recognized under section 1203, sion of an offer package under paragraph (4), SEC. 401. SHORT TITLE; REFERENCES. ratified after the date of enactment of this each party shall submit to the arbitration (a) SHORT TITLE.—This title may be cited subsection, shall contain no provision re- board a single final offer package specifying as the ‘‘Workers’ Compensation Reform Act stricting the applicability of reduction-in- the terms of a proposed final agreement. of 2012’’. force procedures under title 5 with respect to ‘‘(6) No later than 3 days after the submis- (b) REFERENCES.—Except as otherwise ex- members of the applicable bargaining unit. sion of the final offer packages under para- pressly provided, whenever in this title an

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FEDERAL WORKERS COMPENSATION ‘‘(ii) is an individual who has an exempt employee that commenced before the date of REFORMS FOR RETIREMENT-AGE disability condition. enactment of the Workers’ Compensation EMPLOYEES. ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- Reform Act of 2012, the employee shall re- (a) CONVERSION OF ENTITLEMENT AT RETIRE- PLOYEES.—For a covered claim for total dis- ceive augmented compensation under sub- MENT AGE.— ability by an employee who is not an em- section (c).’’. EFINITIONS (1) D .—Section 8101 is amended ployee described in subparagraph (A), the (b) MAXIMUM AND MINIMUM MONTHLY PAY- (A) in paragraph (18), by striking ‘‘and’’ at employee shall receive the basic compensa- MENTS.—Section 8112 is amended— the end; tion for total disability provided under sub- (1) in subsection (a)— (B) in paragraph (19), by striking ‘‘and’’ at section (a) until the later of— (A) by inserting ‘‘subsections (b) and (c) the end; ‘‘(i) the date on which the employee at- and’’ before ‘‘section 8138’’; (C) in paragraph (20), by striking the period tains retirement age; and (B) by striking ‘‘including augmented com- at the end and inserting a semicolon; and ‘‘(ii) the date that is 3 years after the date pensation under section 8110 of this title (D) by adding at the end the following: of enactment of the Workers’ Compensation but’’; and ‘‘(21) ‘retirement age’ has the meaning Reform Act of 2012.’’. (C) by striking ‘‘75 percent’’ each place it given that term under section 216(l)(1) of the (3) PARTIAL DISABILITY.—Section 8106 is appears and inserting ‘‘66 2⁄3 percent’’; Social Security Act (42 U.S.C. 416(l)(1)); amended— (2) by redesignating subsection (b) as sub- ‘‘(22) ‘covered claim for total disability’ (A) in subsection (a), by striking ‘‘If’’ and section (c); means a claim for a period of total disability inserting ‘‘IN GENERAL.—Subject to sub- (3) by inserting after subsection (a) the fol- that commenced before the date of enact- section (b), if’’; lowing: ment of the Workers’ Compensation Reform (B) by redesignating subsections (b) and (c) ‘‘(b) EXCEPTIONS.— Act of 2012; as subsections (c) and (d), respectively; and ‘‘(1) COVERED DISABILITY CONDITION.—For a ‘‘(23) ‘covered claim for partial disability’ means a claim for a period of partial dis- (C) by inserting after subsection (a) the fol- covered claim for total disability by an em- ability that commenced before the date of lowing: ployee, if the employee is an individual who enactment of the Workers’ Compensation ‘‘(b) CONVERSION OF ENTITLEMENT AT RE- has an exempt disability condition— Reform Act of 2012; and TIREMENT AGE.— ‘‘(A) the monthly rate of compensation for ‘‘(24) ‘individual who has an exempt dis- ‘‘(1) IN GENERAL.—Except as provided in disability that is subject to the maximum ability condition’ means an individual— paragraph (2), the basic compensation for and minimum monthly amounts under sub- ‘‘(A) who— partial disability for an employee who has section (a) shall include any augmented com- ‘‘(i) is eligible to receive continuous peri- attained retirement age shall be 50 percent pensation under section 8110; and odic compensation for total disability under of the difference between the monthly pay of ‘‘(B) subsection (a) shall be applied by sub- 2 section 8105 on the date of enactment of the the employee and the monthly wage-earning stituting ‘75 percent’ for ‘66 ⁄3 percent’ each Workers’ Compensation Reform Act of 2012; capacity of the employee after the beginning place it appears. and of the partial disability. ‘‘(2) PARTIAL DISABILITY.—For a covered ‘‘(ii) meets the criteria under 8105(c); ‘‘(2) EXCEPTIONS.— claim for partial disability by an employee, ‘‘(B) who, on the date of enactment of the ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- until the date that is 3 years after the date Workers’ Compensation Reform Act of 2012— MENT AGE.—Paragraph (1) shall not apply to of enactment of the Workers’ Compensation ‘‘(i) is eligible to receive continuous peri- a covered claim for partial disability by an Reform Act of 2012— odic compensation for total disability under employee if, on the date of enactment of the ‘‘(A) the monthly rate of compensation for section 8105; and Workers’ Compensation Reform Act of 2012, disability that is subject to the maximum ‘‘(ii) has sustained a currently irreversible the employee has attained retirement age. and minimum monthly amounts under sub- severe mental or physical disability for ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- section (a) shall include any augmented com- which the Secretary of Labor has authorized, PLOYEES.—For a covered claim for partial pensation under section 8110; and for at least the 1 year period ending on the disability by an employee who is not an em- ‘‘(B) subsection (a) shall be applied by sub- 2 date of enactment of the Workers’ Com- ployee described in subparagraph (A), the stituting ‘75 percent’ for ‘66 ⁄3 percent’ each pensation Reform Act of 2012, constant in- employee shall receive basic compensation place it appears.’’; and home care or custodial care, such as in place- for partial disability in accordance with sub- (4) in subsection (c), as redesignated by ment in a nursing home; or section (a) until the later of— paragraph (2), by striking ‘‘subsection (a)’’ ‘‘(C) who is eligible to receive continuous ‘‘(i) the date on which the employee at- and inserting ‘‘subsections (a) and (b)’’. periodic compensation for total disability tains retirement age; and (c) DEATH BENEFITS GENERALLY.—Section under section 8105— ‘‘(ii) the date that is 3 years after the date 8133 is amended— ‘‘(i) for not less than the 3-year period end- of enactment of the Workers’ Compensation (1) in subsections (a) and (e), by striking ing on the date of enactment of the Workers’ Reform Act of 2012.’’. ‘‘75 percent’’ each place it appears and in- 2 Compensation Reform Act of 2012; or SEC. 403. AUGMENTED COMPENSATION FOR DE- serting ‘‘66 ⁄3 percent (except as provided in ‘‘(ii) if the individual became eligible to re- PENDENTS. subsection (g))’’; and ceive continuous periodic compensation for (a) IN GENERAL.—Section 8110 is amended— (2) by adding at the end the following: total disability under section 8105 during the (1) by redesignating subsection (b) as sub- ‘‘(g) If the death occurred before the date period beginning on the date that is 3 years section (c); and of enactment of the Workers’ Compensation before the date of enactment of the Workers’ (2) by inserting after subsection (a) the fol- Reform Act of 2012, subsections (a) and (e) Compensation Reform Act of 2012 and ending lowing: shall be applied by substituting ‘75 percent’ 2 on such date of enactment, for not less than ‘‘(b) TERMINATION OF AUGMENTED COM- for ‘66 ⁄3 percent’ each place it appears.’’. the 3-year period beginning on the date on PENSATION.— (d) DEATH BENEFITS FOR CIVIL AIR PATROL which the individual became eligible.’’. ‘‘(1) IN GENERAL.—Subject to paragraph (2), VOLUNTEERS.—Section 8141 is amended— (1) in subsection (b)(2)(B) by striking ‘‘75 (2) TOTAL DISABILITY.—Section 8105 is augmented compensation for dependants 2 amended— under subsection (c) shall not be provided. percent’’ and inserting ‘‘66 ⁄3 percent (except (A) in subsection (a), by striking ‘‘If’’ and ‘‘(2) EXCEPTIONS.— as provided in subsection (c))’’; (2) by redesignating subsection (c) as sub- inserting ‘‘IN GENERAL.—Subject to sub- ‘‘(A) TOTAL DISABILITY.—For a covered section (b), if’’; claim for total disability by an employee— section (d); and (B) by redesignating subsection (b) as sub- ‘‘(i) the employee shall receive augmented (3) by inserting after subsection (b) the fol- section (c); and compensation under subsection (c) if the em- lowing: (C) by inserting after subsection (a) the fol- ployee is an individual who has an exempt ‘‘(c) If the death occurred before the date lowing: disability condition; and of enactment of the Workers’ Compensation ‘‘(b) CONVERSION OF ENTITLEMENT AT RE- ‘‘(ii) the employee shall receive augmented Reform Act of 2012, subsection (b)(2)(B) shall TIREMENT AGE.— compensation under subsection (c) until the be applied by substituting ‘75 percent’ for ‘66 2 ‘‘(1) IN GENERAL.—Except as provided in date that is 3 years after the date of enact- ⁄3 percent’.’’. paragraph (2), the basic compensation for ment of the Workers’ Compensation Reform SEC. 404. SCHEDULE COMPENSATION PAYMENTS. total disability for an employee who has at- Act of 2012 if the employee is not an em- Section 8107 is amended— tained retirement age shall be 50 percent of ployee described in clause (i). (1) in subsection (a), by striking ‘‘at the the monthly pay of the employee. ‘‘(B) PARTIAL DISABILITY.—For a covered rate of 66 2/3 percent of his monthly pay’’ and ‘‘(2) EXCEPTIONS.— claim for partial disability by an employee, inserting ‘‘at the rate specified under sub- ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- the employee shall receive augmented com- section (d)’’; and MENT AGE OR HAVE AN EXEMPT DISABILITY CON- pensation under subsection (c) until the date (2) by adding at the end the following: DITION.—Paragraph (1) shall not apply to a that is 3 years after the date of enactment of ‘‘(d) RATE FOR COMPENSATION.—

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‘‘(1) ANNUAL SALARY.— ‘‘(a) IN GENERAL.— tion Fund to reimburse an employer in an ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) DIRECTION.—Except as provided in amount equal to not more than 100 percent paragraph (2), the rate under subsection (a) paragraph (2), not earlier than the date that of the compensation the individual would shall be the rate of 66 2⁄3 percent of the an- is 6 months after the date on which an indi- otherwise receive under section 8105 or 8106; nual salary level established under subpara- vidual eligible for wage-loss compensation and graph (B), in a lump sum equal to the under section 8105 or 8106 is injured, or by ‘‘(B) may not be for a period of more than present value (as calculated under subpara- such other date as the Secretary of Labor de- 3 years. graph (C)) of the amount of compensation termines it would be reasonable under the ‘‘(e) LIST.—To facilitate the hiring of indi- payable under the schedule. circumstances for the individual to begin vo- viduals eligible for wage-loss compensation ‘‘(B) ESTABLISHMENT.— cational rehabilitation, and if vocational re- under section 8105 or 8106, the Secretary ‘‘(i) IN GENERAL.—The Secretary of Labor habilitation may enable the individual to be- shall provide a list of such individuals to the shall establish an annual salary for purposes come capable of more gainful employment, Office of Personnel Management, which the of subparagraph (A) in the amount the Sec- the Secretary of Labor shall direct the indi- Office of Personnel Management shall pro- retary determines will result in the aggre- vidual to participate in developing a com- vide to all agencies and instrumentalities of gate cost of payments made under this sec- prehensive return to work plan and to under- the Federal Government.’’. tion being equal to what would have been the go vocational rehabilitation at a location a (b) TERMINATION OF VOCATIONAL REHABILI- aggregate cost of payments under this sec- reasonable distance from the residence of the TATION REQUIREMENT AFTER RETIREMENT tion if the amendments made by section individual.’’; AGE.—Section 8113(b) is amended by adding 304(a) of the Workers’ Compensation Reform (B) by striking ‘‘the Secretary of Health, at the end the following: ‘‘An individual who Act of 2012 had not been enacted. Education, and Welfare in carrying out the has attained retirement age may not be re- ‘‘(ii) COST OF LIVING ADJUSTMENT.—The an- purposes of chapter 4 of title 29’’ and insert- quired to undergo vocational rehabilita- nual salary established under clause (i) shall ing ‘‘the Secretary of Education in carrying tion.’’. be increased on March 1 of each year by the out the purposes of the Rehabilitation Act of (c) MANDATORY BENEFIT REDUCTION FOR amount determined by the Secretary of 1973 (29 U.S.C. 701 et seq.)’’; NONCOMPLIANCE.—Section 8113(b) is amended Labor to represent the percent change in the (C) by striking ‘‘under section 32(b)(1) of by striking ‘‘may reduce’’ and inserting price index published for December of the title 29’’ and inserting ‘‘under section 5 of ‘‘shall reduce’’. preceding year over the price index published the Rehabilitation Act of 1973 (29 U.S.C. (d) TECHNICAL AND CONFORMING AMEND- for the December of the year prior to the 704)’’; and MENTS.— preceding year, adjusted to the nearest one- (D) by adding at the end the following: (1) IN GENERAL.—Subchapter III of chapter tenth of 1 percent. ‘‘(2) EXCEPTION.—The Secretary of Labor 15 of title 31, United States Code, is amended ‘‘(C) PRESENT VALUE.—The Secretary of may not direct an individual who has at- by adding at the end the following: Labor shall calculate the present value for tained retirement age to participate in de- ‘‘§ 1538. Authorization for assisted reemploy- purposes of subparagraph (A) using a rate of veloping a comprehensive return to work ment interest equal to the average market yield plan or to undergo vocational rehabilita- ‘‘Funds may be transferred from the Em- for outstanding marketable obligations of tion.’’; ployees’ Compensation Fund established the United States with a maturity of 2 years (2) by redesignating subsection (b) as sub- under section 8147 of title 5 to the applicable on the first business day of the month in section (c); appropriations account for an agency or in- which the compensation is paid or, in the (3) by inserting after subsection (a) the fol- strumentality of any branch of the Federal event that such marketable obligations are lowing: Government for the purposes of reimbursing not being issued on such date, at an equiva- ‘‘(b) CONTENTS OF RETURN TO WORK PLAN.— the agency or instrumentality in accordance lent rate selected by the Secretary of Labor, A return to work plan developed under sub- with an assisted reemployment agreement true discount compounded annually. section (a)— entered into under section 8104 of title 5.’’. ‘‘(2) CERTAIN INJURIES.—For an injury that ‘‘(1) shall— (2) TABLE OF SECTIONS.—The table of sec- occurred before the date of enactment of the ‘‘(A) set forth specific measures designed tions for chapter 15 of title 31, United States Workers’ Compensation Reform Act of 2012, to increase the wage-earning capacity of an Code, is amended by inserting after the item the rate under subsection (a) shall be 66 2⁄3 individual; relating to section 1537 the following: percent of the employee’s monthly pay. ‘‘(B) take into account the prior training ‘‘(e) SIMULTANEOUS RECEIPT.— and education of the individual and the ‘‘1538. Authorization for assisted reemploy- ‘‘(1) TOTAL DISABILITY.—An employee who training, educational, and employment op- ment.’’. receives compensation for total disability portunities reasonably available to the indi- SEC. 406. REPORTING REQUIREMENTS. under section 8105 may only receive the lump vidual; and (a) IN GENERAL.—Chapter 81 is amended by sum of schedule compensation under this ‘‘(C) provide that any employment under- inserting after section 8106 the following: section in addition to and simultaneously taken by the individual under the return to ‘‘§ 8106a. Reporting requirements with the benefits for total disability after work plan be at a location a reasonable dis- ‘‘(a) DEFINITION.—In this section, the term the later of— tance from the residence of the individual; ‘employee receiving compensation’ means an ‘‘(A) the date on which the basic compensa- ‘‘(2) may provide that the Secretary will employee who— tion for total disability of the employee be- pay out of amounts in the Employees’ Com- ‘‘(1) is paid compensation under section comes 50 percent of the monthly pay of the pensation Fund reasonable expenses of voca- 8105 or 8106; and employee under section 8105(b); or tional rehabilitation (which may include tui- ‘‘(2) has not attained retirement age. ‘‘(B) the date on which augmented com- tion, books, training fees, supplies, equip- ‘‘(b) AUTHORITY.—The Secretary of Labor pensation of the employee terminates under ment, and child or dependent care) during shall require an employee receiving com- section 8110(b)(2)(A)(ii), if the employee re- the course of the plan; and pensation to report the earnings of the em- ceives such compensation. ‘‘(3) may not be for a period of more than ployee receiving compensation from employ- ‘‘(2) PARTIAL DISABILITY.—An employee 2 years, unless the Secretary finds good ment or self-employment, by affidavit or who receives benefits for partial disability cause to grant an extension, which may be otherwise, in the manner and at the times under section 8106 may only receive the lump for not more than 2 years.’’; the Secretary specifies. sum of schedule compensation under this (4) in subsection (c), as so redesignated— ‘‘(c) CONTENTS.—An employee receiving section in addition to and simultaneously (A) by inserting ‘‘COMPENSATION.—’’ before compensation shall include in a report re- with the benefits for partial disability after ‘‘Notwithstanding’’; and quired under subsection (a) the value of the later of— (B) by striking ‘‘, other than employment housing, board, lodging, and other advan- ‘‘(A) the date on which the basic compensa- undertaken pursuant to such rehabilita- tages which are part of the earnings of the tion for partial disability of the employee tion’’; and employee receiving compensation in employ- becomes 50 percent of the difference between (5) by adding at the end the following: ment or self-employment and the value of the monthly pay of the employee and the ‘‘(d) ASSISTED REEMPLOYMENT AGREE- which can be estimated. monthly wage-earning capacity of the em- MENTS.— ‘‘(d) FAILURE TO REPORT AND FALSE RE- ployee after the beginning of the partial dis- ‘‘(1) IN GENERAL.—The Secretary may enter PORTS.— ability under section 8106(b); or into an assisted reemployment agreement ‘‘(1) IN GENERAL.—An employee receiving ‘‘(B) the date on which augmented com- with an agency or instrumentality of any compensation who fails to make an affidavit pensation of the employee terminates under branch of the Federal Government or a State or other report required under subsection (b) section 8110(b)(2)(B), if the employee receives or local government or a private employer or who knowingly omits or understates any such compensation.’’. that employs an individual eligible for wage- part of the earnings of the employee in such SEC. 405. VOCATIONAL REHABILITATION. loss compensation under section 8105 or 8106 an affidavit or other report shall forfeit the (a) IN GENERAL.—Section 8104 is amended— to enable the individual to return to produc- right to compensation with respect to any (1) in subsection (a)— tive employment. period for which the report was required. (A) by striking ‘‘(a) The Secretary of Labor ‘‘(2) CONTENTS.—An assisted reemployment ‘‘(2) FORFEITED COMPENSATION.—Compensa- may’’ and all that follows through ‘‘undergo agreement under paragraph (1)— tion forfeited under this subsection, if al- vocational rehabilitation.’’ and inserting the ‘‘(A) may provide that the Secretary will ready paid to the employee receiving com- following: use amounts in the Employees’ Compensa- pensation, shall be recovered by a deduction

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from the compensation payable to the em- ‘‘(C) INFORMATION.—A request under sub- sections 8117 and 8118 and inserting the fol- ployee or otherwise recovered under section paragraph (A) shall be in writing and accom- lowing: 8129, unless recovery is waived under that panied by— ‘‘8117. Waiting period. section.’’. ‘‘(i) a certification by the officer making ‘‘8118. Continuation of pay.’’. (b) TECHNICAL AND CONFORMING AMEND- the request that the officer has reviewed the SEC. 409. ELECTION OF BENEFITS. MENTS.—The table of sections for chapter 81 relevant material in the employee’s file; (a) IN GENERAL.—Section 8116 is amended is amended by inserting after the item relat- ‘‘(ii) an explanation of why the officer has by adding at the end the following: ing to section 8106 the following: determined, based on the materials in the ‘‘(e) RETIREMENT BENEFITS.— file and other information known to the offi- ‘‘8106a. Reporting requirements.’’. ‘‘(1) IN GENERAL.—An individual entitled to cer, that requiring a physical examination of compensation benefits payable under this SEC. 407. DISABILITY MANAGEMENT REVIEW; the employee under this subsection is nec- subchapter and under chapter 83 or 84 or any INDEPENDENT MEDICAL EXAMINA- essary; and other retirement system for employees of TIONS. ‘‘(iii) copies of the materials relating to the Government, for the same period, shall Section 8123 is amended by adding at the the employee that are relevant to the offi- elect which benefits the individual will re- end the following: cer’s determination and request, unless the ceive. ‘‘(e) DISABILITY MANAGEMENT REVIEW.— agency or instrumentality has a reasonable ‘‘(2) ELECTION.— ‘‘(1) DEFINITIONS.—In this subsection— basis for not providing the materials. ‘‘(A) DEADLINE.—An individual shall make ‘‘(A) the term ‘covered employee’ means an ‘‘(D) EXAMINATION.—If the Secretary of an election under paragraph (1) in accord- employee who is in continuous receipt of Labor receives a request under this para- ance with such deadlines as the Secretary of compensation for total disability under sec- graph before an employee has undergone an Labor shall establish. tion 8105 for a period of not less than 6 initial physical examination under para- ‘‘(B) REVOCABILITY.—An election under months; and graph (4)(B)(i), the Secretary shall promptly paragraph (1) shall be revocable, notwith- ‘‘(B) the term ‘disability management re- require the physical examination of the em- standing any other provision of law, except view process’ means the disability manage- ployee. A physical examination under this for any period during which an individual— ment review process established under para- subparagraph shall satisfy the requirement ‘‘(i) was qualified for benefits payable graph (2)(A). under paragraph (4)(B)(i) that an initial under both this subchapter and under a re- ‘‘(2) ESTABLISHMENT.—The Secretary of physical examination be conducted. tirement system described in paragraph (1); Labor shall— ‘‘(E) AFTER INITIAL EXAMINATION.— and ‘‘(A) establish a disability management re- ‘‘(i) IN GENERAL.—If the Secretary of Labor ‘‘(ii) was paid benefits under the retire- view process for the purpose of certifying receives a request under this paragraph after ment system after having been notified of and monitoring the disability status and ex- an employee has undergone an initial phys- eligibility for benefits under this subchapter. tent of injury of each covered employee; and ical examination under paragraph (4)(B)(i), ‘‘(3) INFORMED CHOICE.—The Secretary of ‘‘(B) promulgate regulations for the admin- the Secretary shall— Labor shall provide information, and shall istration of the disability management re- ‘‘(I) review the request and the informa- ensure that information is provided, to an view process. tion, explanation, and other materials sub- individual described in paragraph (1) about ‘‘(3) PHYSICAL EXAMINATIONS REQUIRED.— mitted with the request; and the benefits available to the individual under Under the disability management review ‘‘(II) determine whether to require the this subchapter or under chapter 83 or 84 or process, the Secretary of Labor shall periodi- physical examination of the employee who is any other retirement system referred to in cally require covered employees to submit to the subject of the request. paragraph (1) the individual may elect to re- physical examinations under subsection (a) ‘‘(ii) NOT GRANTED.—If the Secretary deter- ceive.’’. by physicians selected by the Secretary. A mines not to grant a request described in (b) TECHNICAL AND CONFORMING AMEND- physician conducting a physical examination clause (i), the Secretary shall promptly no- MENTS.—Sections 8337(f)(3) and 8464a(a)(3) are of a covered employee shall submit to the tify the officer who made the request and each amended by striking ‘‘Paragraphs’’ and Secretary a report regarding the nature and provide an explanation of the reasons why inserting ‘‘Except as provided under chapter extent of the injury to and disability of the the request was denied.’’. 81, paragraphs’’. covered employee. SEC. 408. WAITING PERIOD. SEC. 410. SANCTION FOR NONCOOPERATION ‘‘(4) FREQUENCY.— (a) IN GENERAL.—Section 8117 is amended— WITH FIELD NURSES. ‘‘(A) IN GENERAL.—The regulations promul- (1) in the section heading, by striking Section 8123, as amended by section 307, is gated under paragraph (2)(B) shall specify ‘‘Time of accrual of right’’ and inserting amended by adding at the end the following: the process and criteria for determining ‘‘Waiting period’’; ‘‘(f) FIELD NURSES.— when and how frequently a physical exam- (2) in subsection (a)— ‘‘(1) DEFINITION.—In this subsection, the ination should be conducted for a covered (A) in the matter preceding paragraph (1), term ‘field nurse’ means a registered nurse employee. by striking ‘‘An employee’’ and all that fol- that assists the Secretary in the medical ‘‘(B) MINIMUM FREQUENCY.— lows through ‘‘is not entitled’’ and inserting management of disability claims under this ‘‘(i) INITIAL.—An initial physical examina- ‘‘IN GENERAL.—An employee is not entitled subchapter and provides claimants with as- tion shall be conducted not more than a brief to continuation of pay within the meaning of sistance in coordinating medical care. period after the date on which a covered em- section 8118 for the first 3 days of temporary ‘‘(2) AUTHORIZATION.—The Secretary may ployee has been in continuous receipt of disability or, if section 8118 does not apply, is use field nurses to coordinate medical serv- compensation for total disability under sec- not entitled’’; ices and vocational rehabilitation programs tion 8015 for 6 months. (B) in paragraph (1), by adding ‘‘or’’ at the for injured employees under this subchapter. ‘‘(ii) SUBSEQUENT EXAMINATIONS.—After the end; If an employee refuses to cooperate with a initial physical examination, physical ex- (C) by striking paragraph (2); and field nurse or obstructs a field nurse in the aminations of a covered employee shall be (D) by redesignating paragraph (3) as para- performance of duties under this subchapter, conducted not less than once every 3 years. graph (2); and the right to compensation under this sub- ‘‘(5) EMPLOYING AGENCY OR INSTRUMEN- (3) in subsection (b)— chapter shall be suspended until the refusal TALITY REQUESTS.— (A) by striking ‘‘A Postal Service’’ the or obstruction stops.’’. ‘‘(A) IN GENERAL.—The agency or instru- first place it appears and all that follows SEC. 411. SUBROGATION OF CONTINUATION OF mentality employing an employee who has through ‘‘A Postal Service’’ the second place PAY. made a claim for compensation for total dis- it appears and inserting ‘‘USE OF LEAVE.— (a) IN GENERAL.—Section 8131 is amended— ability under section 8105 may at any time An’’; (1) in subsection (a), in the matter pre- submit a request for the Secretary of Labor (B) by striking ‘‘that 3-day period’’ and in- ceding paragraph (1), by inserting ‘‘continu- to promptly require the employee to submit serting ‘‘the first 3 days of temporary dis- ation of pay or’’ before ‘‘compensation’’; and to a physical examination under this sub- ability’’; and (2) in subsection (b), by inserting ‘‘continu- section. (C) by striking ‘‘or is followed by perma- ation of pay’’ before compensation; and ‘‘(B) REQUESTING OFFICER.—A request nent disability’’. (3) in subsection (c)— under subparagraph (A) shall be made on be- (b) CONTINUATION OF PAY.—Section 8118 is (A) by inserting ‘‘continuation of pay or’’ half of an agency or instrumentality by— amended— before ‘‘compensation already paid’’; and ‘‘(i) the head of the agency or instrumen- (1) in the section heading, by striking ‘‘; (B) by inserting ‘‘continuation of pay or’’ tality; election to use annual or sick leave’’; before ‘‘compensation payable’’. ‘‘(ii) the Chief Human Capital Officer of (2) in subsection (b)(1), by striking ‘‘section (b) ADJUSTMENT AFTER RECOVERY FROM A the agency or instrumentality; or 8117(b)’’ and inserting ‘‘section 8117’’; THIRD PERSON.—Section 8132 is amended— ‘‘(iii) if the agency or instrumentality does (3) by striking subsection (c); and (1) in the first sentence— not have a Chief Human Capital Officer, an (4) by redesignating subsections (d) and (e) (A) by inserting ‘‘continuation of pay or’’ officer with responsibilities similar to those as subsections (c) and (d), respectively. before ‘‘compensation is payable’’; of a Chief Human Capital Officer designated (c) TECHNICAL AND CONFORMING AMEND- (B) by inserting ‘‘continuation of pay or’’ by the head of the agency or instrumentality MENTS.—The table of sections for chapter 81 before ‘‘compensation from the United to make requests under this paragraph. is amended by striking the items relating to States’’;

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REGULATIONS. study described in paragraph (4) is com- and inserting ‘‘by the beneficiary or on be- (a) IN GENERAL.—As soon as possible after pleted, and at least once in each subsequent half of the beneficiary’’; the date of enactment of this Act, the Sec- 12-month period, the Postal Service shall es- (D) by inserting ‘‘continuation of pay and’’ retary of Labor shall promulgate regulations tablish postal rates for each loss-making before ‘‘compensation paid by the United (which may include interim final regula- class of mail to eliminate such losses (other States’’; and tions) to carry out this title. than those caused by the Postal Service’s ex- (E) by striking ‘‘compensation payable to (b) CONTENTS.—The regulations promul- cess capacity) by exhausting all unused rate him’’ and inserting ‘‘continuation of pay or gated under subsection (a) shall include, for authority as well as maximizing incentives compensation payable to the beneficiary’’; purposes of the amendments made by sec- to reduce costs and increase efficiency, sub- (2) in the second sentence, by striking ‘‘his tions 302 and 303, clarification of— ject to the following: designee’’ and inserting ‘‘the designee of the (1) what is a claim; and ‘‘(A) The term ‘loss-making’, as used in beneficiary’’; and (2) what is the date on which a period of this paragraph with respect to a class of (3) in the fourth sentence, by striking ‘‘If disability, for which a claim is made, com- mail, means a class of mail that bears less compensation’’ and all that follows through mences. than 100 percent of its costs attributable (as ‘‘payable to him by the United States’’ and TITLE V—POSTAL SERVICE REVENUE described in paragraph (1)(B)), according to inserting ‘‘If continuation of pay or com- SEC. 501. ADEQUACY, EFFICIENCY, AND FAIR- the most recent annual determination of the pensation has not been paid to the bene- NESS OF POSTAL RATES. Postal Regulatory Commission under section ficiary, the money or property shall be cred- (a) IN GENERAL.—Section 3622(d) is amend- 3653, adjusted to account for the quantitative ited against continuation of pay or com- ed— effect of excess capacity on the costs attrib- pensation payable to the beneficiary by the (1) in paragraph (1)— utable of the class (as described in paragraph United States’’. (A) by redesignating subparagraphs (B) (1)(C)). SEC. 412. SOCIAL SECURITY EARNINGS INFORMA- through (E) as subparagraph (D) through (G), ‘‘(B) Unused rate authority shall be annu- TION. respectively; and ally increased by 2 percent for each class of Section 8116, as amended by section 308, is (B) by inserting after subparagraph (A) the mail that bears less than 90 percent of its amended by adding at the end the following: following: costs attributable (as described in paragraph ‘‘(f) EARNINGS INFORMATION.—Notwith- ‘‘(B) subject to the limitation under sub- (1)(B)), according to the most recent annual standing section 552a or any other provision paragraph (A), establish postal rates to ful- determination of the Postal Regulatory of Federal or State law, the Social Security fill the requirement that each market-domi- Commission under section 3653, adjusted to Administration shall make available to the nant class, product, and type of mail service account for the quantitative effect of excess Secretary of Labor, upon written request, (except for an experimental product or serv- capacity on the costs attributable of the the Social Security earnings information of ice) bear the direct and indirect postal costs class (as described in paragraph (1)(C)), with a living or deceased employee who may have attributable to such class, product, or type such increase in unused rate authority to sustained an injury or died as a result of an through reliably identified causal relation- take effect 30 days after the date that the injury that is the subject of a claim under ships plus that portion of all other costs of Commission issues such determination.’’. this subchapter required by the Secretary of the Postal Service reasonably assignable to (b) CONFORMING AMENDMENT.—Subpara- Labor to carry out this subchapter.’’. graph (A) of section 3622(c)(10) is amended to such class, product, or type; read as follows: SEC. 413. AMOUNT OF COMPENSATION. ‘‘(C) establish postal rates for each group ‘‘(A) improve the net financial position of (a) INJURIES TO FACE, HEAD, AND NECK.— of functionally equivalent agreements be- the Postal Service through reducing Postal Section 8107(c)(21) is amended— tween the Postal Service and users of the Service costs or increasing the overall con- (1) by striking ‘‘not to exceed $3,500’’ and mail that— tribution to the institutional costs of the inserting ‘‘in proportion to the severity of ‘‘(i) cover attributable cost; and Postal Service; and’’. the disfigurement, not to exceed $50,000,’’; ‘‘(ii) improve the net financial position of (c) EXCEPTION.—Section 3622(d) is amended and the Postal Service; (2) by adding at the end the following: by adding at the end the following: ‘‘The maximum amount of compensation for purposes of this subparagraph, a group of ‘‘(4) EXCEPTION.—The requirements of para- under this paragraph shall be increased on functionally equivalent agreements shall graph (1)(B) shall not apply to a market- March 1 of each year by the amount deter- consist of all service agreements that are dominant product for which a substantial mined by the Secretary of Labor to represent functionally equivalent to each other within portion of the product’s mail volume con- the percent change in the price index pub- the same market-dominant product, but sists of inbound international mail with ter- lished for December of the preceding year shall not include agreements within an ex- minal dues rates determined by the Uni- over the price index published for the De- perimental product;’’; and versal Postal Union (and not by bilateral cember of the year prior to the preceding (2) by adding at the end the following: agreements or other arrangements).’’. year, adjusted to the nearest one-tenth of 1 ‘‘(4) PRC STUDY.— SEC. 502. REPEAL OF RATE PREFERENCES FOR percent.’’. ‘‘(A) IN GENERAL.—Within 90 days after the QUALIFIED POLITICAL COMMIT- (b) FUNERAL EXPENSES.—Section 8134(a) is end of the first fiscal year beginning after TEES. amended— the date of enactment of the Postal Reform Subsection (e) of section 3626 is repealed. (1) by striking ‘‘$800’’ and inserting Act of 2012, the Postal Regulatory Commis- SEC. 503. STREAMLINED REVIEW OF QUALIFYING ‘‘$6,000’’; and sion shall complete a study to determine the SERVICE AGREEMENTS FOR COM- (2) by adding at the end the following: quantitative impact of the Postal Service’s PETITIVE PRODUCTS. Section 3633 is amended by adding at the ‘‘The maximum amount of compensation excess capacity on the direct and indirect end the following: under this subsection shall be increased on postal costs attributable to any class that bears less than 100 percent of its costs attrib- ‘‘(c) STREAMLINED REVIEW.—Within 90 days March 1 of each year by the amount deter- after the date of the enactment of this sub- mined by the Secretary of Labor to represent utable (as described in paragraph (1)(B)), ac- cording to the most recent annual deter- section, after notice and opportunity for the percent change in the price index pub- public comment, the Postal Regulatory mination of the Postal Regulatory Commis- lished for December of the preceding year Commission shall promulgate (and may from sion under section 3653. over the price index published for the De- time to time thereafter revise) regulations ‘‘(B) REQUIREMENTS.—The study required cember of the year prior to the preceding for streamlined after-the-fact review of new under subparagraph (A) shall— year, adjusted to the nearest one-tenth of 1 agreements between the Postal Service and percent.’’. ‘‘(i) be conducted pursuant to regulations users of the mail that provide rates not of (c) APPLICATION.—The amendments made that the Postal Regulatory Commission general applicability for competitive prod- by this section shall apply to injuries or shall prescribe within 90 days after the date ucts, and are functionally equivalent to ex- deaths, respectively, occurring on or after of enactment of the Postal Reform Act of isting agreements that have collectively cov- the date of enactment of this Act. 2012, taking into account existing regula- ered attributable costs and collectively im- SEC. 414. TECHNICAL AND CONFORMING AMEND- tions for proceedings to improve the quality, proved the net financial position of the Post- MENTS. accuracy, or completeness of ratemaking in- al Service. Streamlined review will be con- Chapter 81 is amended— formation under section 3652(e)(2) in effect cluded within 5 working days after the agree- (1) in section 8101(1)(D), by inserting ‘‘for on such date; and ment is filed with the Commission and shall an injury that occurred before the effective ‘‘(ii) for any year in which any class of be limited to approval or disapproval of the date of section 204(e) of the District of Co- mail bears less than 100 percent of its costs agreement as a whole based on the Commis- lumbia Self-Government and Governmental attributable (as described in paragraph sion’s determination of its functional Reorganization Act (Public Law 93–198; 87 (1)(B)), be updated annually by the Postal equivalence. Agreements not approved may Stat. 783; 5 U.S.C. 8101 note)’’ before the Service and included in its annual report to be resubmitted without prejudice under sec- semicolon; the Commission under section 3652, using tion 3632(b)(3).’’. (2) in section 8139, by inserting ‘‘under this such methodologies as the Commission shall SEC. 504. SUBMISSION OF SERVICE AGREEMENTS subchapter’’ after ‘‘Compensation awarded’’; by regulation prescribe. FOR STREAMLINED REVIEW. and ‘‘(5) ADDITIONAL RATES.—Starting not ear- Section 3632(b) is amended— (3) in section 8148(a), by striking ‘‘section lier than 12 months and not later than 18 (1) by redesignating paragraph (4) as para- 8106’’ and inserting ‘‘section 8106a’’. months after the date on which the first graph (5); and

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(2) by inserting paragraph (3) the following: providing services on their behalf at Postal ‘‘(e) DEFINITIONS.—For the purpose of this ‘‘(4) RATES FOR STREAMLINED REVIEW.—In Service facilities; section— the case of rates not of general applicability ‘‘(4) the term ‘attributable costs’ means ‘‘(1) the term ‘State’ includes the District for competitive products that the Post- costs attributable, as defined in section 3631; of Columbia, the Commonwealth of Puerto master General considers eligible for stream- and Rico, the United States Virgin Islands, lined review under section 3633(c), the Post- ‘‘(5) the term ‘year’ means a fiscal year. Guam, American Samoa, the Commonwealth master General shall cause each agreement ‘‘§ 3703. Postal Service advertising program of the Northern Mariana Islands, and any to be filed with the Postal Regulatory Com- ‘‘Notwithstanding any other provision of other territory or possession of the United mission by such date, on or before the effec- this title, the Postal Service may establish States; and tive date of any new rate, as the Postmaster and manage a program that allows entities ‘‘(2) the term ‘United States’, when used in General considered appropriate.’’. to advertise at Postal Service facilities and a geographical sense, means the States. SEC. 505. TRANSPARENCY AND ACCOUNTABILITY on Postal Service vehicles. Such a program ‘‘§ 3705. Postal Service program for other gov- FOR SERVICE AGREEMENTS. shall be subject to the following require- ernment agencies Section 3653 is amended— ments: ‘‘(a) IN GENERAL.—The Postal Service may (1) by redesignating subsections (c) ‘‘(1) The Postal Service shall at all times establish a program to provide property and through (e) as subsections (d) through (f), re- ensure advertising it permits is consistent services for other government agencies with- spectively; and with the integrity of the Postal Service. in the meaning of section 411, but only if (2) by inserting after subsection (b) the fol- ‘‘(2) Any advertising program is required to such program provides a reasonable con- lowing: cover a minimum of 200 percent of its attrib- tribution to the institutional costs of the ‘‘(c) Each annual written determination of utable costs in each year. Postal Service, defined as reimbursement by the Commission under section 3653 shall in- ‘‘(3) All advertising expenditures and reve- each agency that covers at least 100 percent clude the following written determinations: nues are subject to annual compliance deter- of the attributable costs of all property and ‘‘(1) whether each product covered its mination (including remedies for noncompli- service provided by the Postal Service in a costs, and if it did not, the determination ance) applicable to nonpostal products. each year to such agency. shall state that such product is in non- ‘‘(4) Total advertising expenditures and ‘‘(b) CLASSIFICATION OF SERVICES.—For compliance under section 3653(c); and revenues must be disclosed in Postal Service each agency, all property and services pro- ‘‘(2) for each group of functionally equiva- annual reports. vided by the Postal Service under this sec- lent agreements between the Postal Service ‘‘§ 3704. Postal Service program for State gov- tion shall be classified as a separate activity and users of the mail, whether it fulfilled re- ernments subject to the requirements of annual report- quirements to— ‘‘(a) IN GENERAL.—Notwithstanding any ing under section 3706. Information provided ‘‘(A) cover attributable costs; and other provision of this title, the Postal Serv- under this section shall be according to re- ‘‘(B) improve the net financial position of ice may establish a program to provide serv- quirements that the Postal Regulatory Com- the Postal Service. ices for agencies of State governments with- mission shall by regulation prescribe. ‘‘(3) Any group of functionally equivalent in the United States, but only if such serv- ‘‘§ 3706. Transparency and accountability for agreements (as referred to in subparagraph ices— nonpostal services (B)) not meeting subparagraphs (A) and (B) ‘‘(1) shall provide enhanced value to the ‘‘(a) ANNUAL REPORTS TO THE COMMIS- of paragraph (2) shall be determined to be in public, such as by lowering the cost or rais- SION.— noncompliance under this subsection. ing the quality of such services or by making ‘‘(1) IN GENERAL.—The Postal Service shall, ‘‘(4) For purposes of this subsection, a such services more accessible; no later than 90 days after the end of each group of functionally equivalent agreements ‘‘(2) do not interfere with or detract from year, prepare and submit to the Postal Regu- (as referred to in paragraph (2)) shall consist the value of postal services, including— latory Commission a report (together with of all service agreements that are function- ‘‘(A) the cost and efficiency of postal serv- such nonpublic annex to the report as the ally equivalent to each other within the ices; and Commission may require under subsection same market-dominant or competitive prod- ‘‘(B) access to postal retail service, such as (b)) which shall analyze costs, revenues, uct, but shall not include agreements within customer waiting time and access to park- rates, and quality of service for this chapter, an experimental product.’’. ing; and using such methodologies as the Commission SEC. 506. NONPOSTAL SERVICES. ‘‘(3) provide a reasonable contribution to shall by regulation prescribe, and in suffi- (a) NONPOSTAL SERVICES.— the institutional costs of the Postal Service, cient detail to demonstrate compliance with (1) IN GENERAL.—Part IV is amended by defined as reimbursement for each service all applicable requirements of this chapter. adding after chapter 36 the following: and to each agency covering at least 150 per- ‘‘(2) AUDITS.—The Inspector General shall ‘‘CHAPTER 37—NONPOSTAL SERVICES cent of the attributable costs of such service regularly audit the data collection systems ‘‘Sec. in each year. and procedures utilized in collecting infor- ‘‘3701. Purpose. ‘‘(b) PUBLIC NOTICE.—At least 90 days be- mation and preparing such report. The re- ‘‘3702. Definitions. fore offering any services under this section, sults of any such audit shall be submitted to ‘‘3703. Postal Service advertising program. the Postal Service shall make each agree- the Postal Service and the Postal Regu- ‘‘3704. Postal Service program for State gov- ment with State agencies readily available latory Commission. ernments. to the public on its website, including a busi- ‘‘(b) SUPPORTING MATTER.—The Postal Reg- ‘‘3705. Postal Service program for other gov- ness plan that describes the specific services ulatory Commission shall have access, in ac- ernment agencies. to be provided, the enhanced value to the cordance with such regulations as the Com- ‘‘3706. Transparency and accountability for public, terms of reimbursement, the esti- mission shall prescribe, to the working pa- nonpostal services. mated annual reimbursement to the Postal pers and any other supporting matter of the Service, and the estimated percentage of at- ‘‘§ 3701. Purpose Postal Service and the Inspector General in tributable Postal Service costs that will be connection with any information submitted ‘‘This chapter is intended to enable the covered by reimbursement (with documenta- under this section. Postal Service to increase its net revenues tion to support these estimates). The Postal ‘‘(c) CONTENT AND FORM OF REPORTS.— through specific nonpostal products and Service shall solicit public comment for at ‘‘(1) IN GENERAL.—The Postal Regulatory services that are expressly authorized by least 30 days, with comments posted on its Commission shall, by regulation, prescribe this chapter. Postal Service revenues and ex- website, followed by its written response the content and form of the public reports penses under this chapter shall be funded posted on its website at least 30 days before (and any nonpublic annex and supporting offering such services. through the Postal Service Fund. matter relating to the report) to be provided ‘‘§ 3702. Definitions ‘‘(c) APPROVAL REQUIRED.—The Governors of the Postal Service shall approve the provi- by the Postal Service under this section. ‘‘As used in this chapter— sion of services under this section by a re- Such reports shall be included with the an- ‘‘(1) the term ‘nonpostal services’ is lim- nual compliance determination reported corded vote, with at least 2⁄3 of its member- ited to services offered by the Postal Service ship voting for approval, with the vote pub- under section 3653. In carrying out this sub- that are expressly authorized by this chapter licly disclosed on the Postal Service website. section, the Commission shall give due con- and are not postal products or services; ‘‘(d) CLASSIFICATION OF SERVICES.—All sideration to— ‘‘(2) the term ‘Postal Service advertising services for a given agency provided under ‘‘(A) providing the public with timely, ade- program’ means a program, managed by the this section shall be classified as a separate quate information to assess compliance; Postal Service, by which the Postal Service activity subject to the requirements of an- ‘‘(B) avoiding unnecessary or unwarranted receives revenues from entities which adver- nual reporting under section 3706. Such re- administrative effort and expense on the tise at Postal Service facilities and on Post- porting shall also include information on the part of the Postal Service; and al Service vehicles; quality of service and related information to ‘‘(C) protecting the confidentiality of in- ‘‘(3) the term ‘Postal Service program for demonstrate that it satisfied the require- formation that is commercially sensitive or State governments’ means a program, man- ments of subsection (a). Information pro- is exempt from public disclosure under sec- aged by the Postal Service, by which the vided under this section shall be according to tion 552(b) of title 5. Postal Service receives revenue from State requirements that the Postal Regulatory ‘‘(2) REVISED REQUIREMENTS.—The Commis- governments (including their agencies) for Commission shall by regulation prescribe. sion may, on its own motion or on request of

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2423 any interested party, initiate proceedings (to Commission may order, based on the nature, of a cost estimate by the Postal Regulatory be conducted in accordance with regulations circumstances, extent, and seriousness of the Commission under section 3651(b)(2) of this that the Commission shall prescribe) to im- noncompliance, a fine (in the amount speci- title, the Postal Service shall furnish the prove the quality, accuracy, or completeness fied by the Commission in its order) for each State of Alaska with written notice of the of Postal Service data required by the Com- incidence of noncompliance. All receipts amount of the next payment due under sub- mission under this subsection whenever it from fines imposed under this subsection section (a). shall appear that— shall be deposited in the general fund of the ‘‘(e) DEPOSIT OF PAYMENTS.—Not later than ‘‘(A) the attribution of costs or revenues to Treasury of the United States.’’. the last day of the fiscal year of the State of property or services under this chapter has (2) CLERICAL AMENDMENT.—The table of Alaska in which notice of a payment is pro- become significantly inaccurate or can be chapters at the beginning of part IV is vided under subsection (d)— significantly improved; amended by adding after the item relating to ‘‘(1) the State of Alaska shall transmit the ‘‘(B) the quality of service data provided to chapter 36 the following: payment to the Postal Service; and the Commission for annual reports under ‘‘37. Nonpostal services ...... 3701’’. ‘‘(2) the Postal Service shall deposit the this chapter has become significantly inac- payment in the Postal Service Fund.’’. (b) CONFORMING AMENDMENTS.— curate or can be significantly improved; or (2) CLERICAL AMENDMENT.—The table of (1) SECTION 404(e).—Section 404(e) is amend- ‘‘(C) such revisions are, in the judgment of ed by adding at the end the following: sections at the beginning of chapter 54 is the Commission, otherwise necessitated by ‘‘(6) Nothing in this section shall be consid- amended by adding at the end the following: the public interest. ered to prevent the Postal Service from es- ‘‘5404. Reimbursement of Alaska bypass mail ‘‘(d) CONFIDENTIAL INFORMATION.— tablishing nonpostal products and services costs.’’. ‘‘(1) IN GENERAL.—If the Postal Service de- termines that any document or portion of a that are expressly authorized by chapter SEC. 508. APPROPRIATIONS MODERNIZATION. document, or other matter, which it provides 37.’’. (a) IN GENERAL.—Section 2401 is amended to the Postal Regulatory Commission in a (2) SECTION 411.—The last sentence of sec- by striking subsections (b) through (d). nonpublic annex under this section contains tion 411 is amended by striking ‘‘including (b) EFFECTIVE DATE.—The amendment information which is described in section reimbursability’’ and inserting ‘‘including made by subsection (a) shall be effective 410(c) of this title, or exempt from public dis- reimbursability within the limitations of with respect to fiscal years beginning after closure under section 552(b) of title 5, the chapter 37’’. the date of enactment of this Act. Postal Service shall, at the time of providing (3) TREATMENT OF EXISTING NONPOSTAL SEC. 509. RETIREE HEALTH CARE BENEFIT PAY- such matter to the Commission, notify the SERVICES.—All nonpostal services continued MENT DEFERRAL. Commission of its determination, in writing, pursuant to section 404(e) of title 39, United Section 8909a of title 5, United States Code, and describe with particularity the docu- States Code, shall be considered to be ex- is amended— ments (or portions of documents) or other pressly authorized by chapter 37 of such title (1) in the section heading, by striking matter for which confidentiality is sought (as added by subsection (a)(1)) and shall be ‘‘Benefit’’ and inserting ‘‘Benefits’’; and the reasons therefor. subject to the requirements of such chapter. (2) in subsection (d)(3)(A)(v), by striking ‘‘(2) TREATMENT.—Any information or SEC. 507. REIMBURSEMENT OF ALASKA BYPASS ‘‘$5,500,000,000’’ and inserting ‘‘$1,000,000,000’’; other matter described in paragraph (1) to MAIL COSTS. (3) in subsection (d)(3)(A)(ix), by striking which the Commission gains access under (a) COST ESTIMATES BY POSTAL REGU- ‘‘$5,700,000,000’’ and inserting ‘‘$7,950,000,000’’; this section shall be subject to paragraphs (2) LATORY COMMISSION.—Section 3651(b) is and and (3) of section 504(g) in the same way as amended— (4) in subsection (d)(3)(A)(x), by striking if the Commission had received notification (1) by redesignating paragraph (2) as para- ‘‘$5,800,000,000’’ and inserting ‘‘$8,050,000,000’’. with respect to such matter under section graph (3); and TITLE VI—POSTAL CONTRACTING 504(g)(1). (2) by inserting after paragraph (1) the fol- REFORM ‘‘(e) ANNUAL COMPLIANCE DETERMINATION.— lowing: SEC. 601. CONTRACTING PROVISIONS. ‘‘(1) OPPORTUNITY FOR PUBLIC COMMENT.— ‘‘(2) ALASKA BYPASS MAIL COSTS.—In addi- (a) IN GENERAL.—Part I is amended by add- After receiving the reports required under tion to the information required under sub- ing at the end the following: subsection (a) for any year, the Postal Regu- section (a), each report under this section latory Commission shall promptly provide shall also include, with respect to the period ‘‘CHAPTER 7—CONTRACTING PROVISIONS an opportunity for comment on such reports covered by such report, an estimate of the ‘‘Sec. by any interested party, and an officer of the costs incurred by the Postal Service in pro- ‘‘701. Definitions. Commission who shall be required to rep- viding Alaska bypass mail service under sec- ‘‘702. Advocate for competition. resent the interests of the general public. tion 5402 of this title.’’. ‘‘703. Delegation of contracting authority. ‘‘(2) DETERMINATION OF COMPLIANCE OR NON- (b) REIMBURSEMENTS.— ‘‘704. Posting of noncompetitive purchase re- COMPLIANCE.—Not later than 90 days after re- (1) IN GENERAL.—Chapter 54 is amended by quests for noncompetitive con- ceiving the submissions required under sub- adding at the end the following: tracts. ‘‘705. Review of ethical issues. section (a) with respect to a year, the Postal ‘‘§ 5404. Reimbursement of Alaska bypass mail ‘‘706. Ethical restrictions on participation in Regulatory Commission shall make a writ- costs certain contracting activity. ten determination as to whether any non- ‘‘(a) IN GENERAL.—The State of Alaska, on postal activities during such year were or an annual basis, shall make a payment to ‘‘§ 701. Definitions were not in compliance with applicable pro- the Postal Service to reimburse the Postal ‘‘In this chapter— visions of this chapter (or regulations pro- Service for its costs in providing Alaska by- ‘‘(1) the term ‘contracting officer’ means mulgated under this chapter). The Postal pass mail service under section 5402 of this an employee of a covered postal entity who Regulatory Commission shall issue a deter- title. has authority to enter into a postal contract; mination of noncompliance if the require- ‘‘(b) DATE OF FIRST PAYMENT.—The State ‘‘(2) the term ‘covered postal entity’ ments for coverage of attributable costs are of Alaska shall make its first payment under means— not met. If, with respect to a year, no in- subsection (a) on or before the last day of the ‘‘(A) the Postal Service; or stance of noncompliance is found to have oc- first fiscal year of the State of Alaska begin- ‘‘(B) the Postal Regulatory Commission; curred in such year, the written determina- ning after the date of enactment of this sec- ‘‘(3) the term ‘head of a covered postal en- tion shall be to that effect. tion. tity’ means— ‘‘(3) NONCOMPLIANCE.—If, for a year, a time- ‘‘(c) PAYMENT AMOUNTS.— ‘‘(A) in the case of the Postal Service, the ly written determination of noncompliance ‘‘(1) DETERMINATION OF AMOUNTS.—The Postmaster General; or is made under this chapter, the Postal Regu- amount of a payment under subsection (a) ‘‘(B) in the case of the Postal Regulatory latory Commission shall take appropriate shall be determined based on the most recent Commission, the Chairman of the Postal action. If the requirements for coverage of cost estimate prepared by the Postal Regu- Regulatory Commission; attributable costs specified by this chapter latory Commission under section 3651(b)(2) of ‘‘(4) the term ‘postal contract’ means— are not met, the Commission shall, within 60 this title (in this subsection referred to as ‘‘(A) in the case of the Postal Service, any days after the determination, prescribe re- the ‘cost estimate’). contract (including any agreement or memo- medial action to restore compliance as soon ‘‘(2) FIRST PAYMENT.—The first payment randum of understanding) entered into by as practicable, which shall also include the under subsection (a) shall be in an amount the Postal Service for the procurement of full restoration of revenue shortfalls during equal to 20 percent of the cost estimate. goods or services; or the following fiscal year. The Commission ‘‘(3) SUBSEQUENT PAYMENTS.—Each subse- ‘‘(B) in the case of the Postal Regulatory may order the Postal Service to discontinue quent payment under subsection (a) shall be Commission, any contract (including any a nonpostal service under section 3703 or 3704 in an amount equal to a percentage of the agreement or memorandum of under- that persistently fails to meet cost coverage cost estimate determined by adding 20 per- standing) in an amount exceeding the sim- requirements. cent to the percentage due in the prior year, plified acquisition threshold (as defined in ‘‘(4) ANY DELIBERATE NONCOMPLIANCE.—In except that no payment shall exceed 100 per- section 134 of title 41 and adjusted under sec- addition, in cases of deliberate noncompli- cent of the cost estimate. tion 1908 of such title) entered into by the ance by the Postal Service with the require- ‘‘(d) NOTICE OF PAYMENT AMOUNTS.—Not Postal Regulatory Commission for the pro- ments of this chapter, the Postal Regulatory later than 30 days after the date of issuance curement of goods or services.

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‘‘(5) the term ‘senior procurement execu- ‘‘(2) EFFECTIVE DATE.—This paragraph shall a competitive disadvantage relative to a pri- tive’ means the senior procurement execu- apply to any delegation of authority made vate sector competitor, the senior procure- tive of a covered postal entity. on or after 30 days after the date of enact- ment executive, in consultation with the ad- ‘‘§ 702. Advocate for competition ment of this chapter. vocate for competition of the Postal Service, ‘‘(a) ESTABLISHMENT AND DESIGNATION.— ‘‘§ 704. Posting of noncompetitive purchase may waive the requirements under sub- ‘‘(1) There is established in each covered requests for noncompetitive contracts section (a). ‘‘(2) FORM AND CONTENT OF WAIVER.— postal entity an advocate for competition. ‘‘(a) POSTING REQUIRED.— ‘‘(A) FORM.—A waiver under paragraph (1) ‘‘(2) The head of each covered postal entity ‘‘(1) POSTAL REGULATORY COMMISSION.—The shall be in the form of a written determina- shall designate for the covered postal entity Postal Regulatory Commission shall make tion placed in the file of the contract to 1 or more officers or employees (other than the noncompetitive purchase request for any which the noncompetitive purchase agree- the senior procurement executive) to serve noncompetitive award for any contract (in- ment relates. as the advocate for competition. cluding any agreement or memorandum of ‘‘(B) CONTENT.—A waiver under paragraph ‘‘(b) RESPONSIBILITIES.—The advocate for understanding) entered into by the Postal (1) shall include— competition of a covered postal entity Regulatory Commission for the procurement ‘‘(i) a description of the risk associated shall— of goods and services, in an amount of $20,000 with making the noncompetitive purchase ‘‘(1) be responsible for promoting— or more, including the rationale supporting request publicly available; and ‘‘(A) the contracting out of functions of the noncompetitive award, publicly available ‘‘(ii) a statement that redaction of sen- the covered postal entity that the private on the website of the Postal Regulatory sitive information in the noncompetitive sector can perform equally well or better, Commission— purchase request would not be sufficient to and at lower cost; and ‘‘(A) not later than 14 days after the date protect the Postal Service from being placed ‘‘(B) competition to the maximum extent of the award of the noncompetitive contract; at a competitive disadvantage relative to a practicable consistent with obtaining best or private sector competitor. value by promoting the acquisition of com- ‘‘(B) not later than 30 days after the date of ‘‘(3) DELEGATION OF WAIVER AUTHORITY.— mercial items and challenging barriers to the award of the noncompetitive contract, if The Postal Service may not delegate the au- competition; the basis for the award was a compelling thority to approve a waiver under paragraph ‘‘(2) review the procurement activities of business interest. (1) to any employee having less authority the covered postal entity; and ‘‘(2) POSTAL SERVICE.—The Postal Service than the senior procurement executive. ‘‘(3) prepare and transmit the annual re- shall make the noncompetitive purchase re- port required under subsection (c). quest for any noncompetitive award of a ‘‘§ 705. Review of ethical issues ‘‘(c) ANNUAL REPORT.— postal contract in an amount of $250,000 or ‘‘If a contracting officer identifies any eth- ‘‘(1) PREPARATION.—The advocate for com- more, including the rationale supporting the ical issues relating to a proposed contract petition of a covered postal entity shall pre- noncompetitive award, publicly available on and submits those issues and that proposed pare an annual report describing the fol- the website of the Postal Service— contract to the designated ethics official for lowing: ‘‘(A) not later than 14 days after the date the covered postal entity before the award- ‘‘(A) The activities of the advocate under of the award; or ing of that contract, that ethics official this section. ‘‘(B) not later than 30 days after the date of shall— ‘‘(B) Initiatives required to promote con- the award, if the basis for the award was a ‘‘(1) review the proposed contract; and tracting out and competition. compelling business interest. ‘‘(2) advise the contracting officer on the ‘‘(C) Barriers to contracting out and com- ‘‘(3) ADJUSTMENTS TO THE POSTING THRESH- appropriate resolution of ethical issues. petition. OLD FOR THE POSTAL SERVICE.— ‘‘§ 706. Ethical restrictions on participation in ‘‘(D) In the case of the report prepared by ‘‘(A) REVIEW AND DETERMINATION.—Not certain contracting activity the competition advocate of the Postal Serv- later than January 31 of each year, the Post- ‘‘(a) DEFINITIONS.—In this section— ice, the number of waivers made by the Post- al Service shall— ‘‘(1) the term ‘covered employee’ means— al Service under section 704(c). ‘‘(i) review the $250,000 threshold estab- ‘‘(A) a contracting officer; or ‘‘(2) TRANSMISSION.—The report under this lished under paragraph (2); and ‘‘(B) any employee of a covered postal enti- subsection shall be transmitted— ‘‘(ii) based on any change in the Consumer ty whose decision making affects a postal ‘‘(A) to Congress; Price Index for all-urban consumers of the contract as determined by regulations pre- ‘‘(B) to the head of the postal entity; Department of Labor, determine whether an scribed by the head of a covered postal enti- ‘‘(C) to the senior procurement executive adjustment to the threshold shall be made. ty; of the entity; ‘‘(B) AMOUNT OF ADJUSTMENTS.—An adjust- ‘‘(2) the term ‘final conviction’ means a ‘‘(D) in the case of the competition advo- ment under subparagraph (A) shall be made conviction, whether entered on a verdict or cate of the Postal Service, to each member in increments of $5,000. If the Postal Service plea, including a plea of nolo contendere, for of the Postal Service Board of Governors; determines that a change in the Consumer which a sentence has been imposed; and and Price Index for a year would require an ad- ‘‘(3) the term ‘covered relationship’ means ‘‘(E) in the case of the competition advo- justment in an amount that is less than a covered relationship described in section cate of the Postal Regulatory Commission, $5,000, the Postal Service may not make an 2635.502(b)(1) of title 5, Code of Federal Regu- to each of the Commissioners of the Commis- adjustment to the threshold for the year. lations, or any successor thereto. sion. ‘‘(4) EFFECTIVE DATE.—This subsection ‘‘(b) IN GENERAL.— ‘‘§ 703. Delegation of contracting authority shall apply to any noncompetitive contract ‘‘(1) REGULATIONS.—The head of each cov- ‘‘(a) IN GENERAL.— awarded on or after the date that is 90 days ered postal entity shall prescribe regulations ‘‘(1) POLICY.—Not later than 60 days after after the date of enactment of this chapter. that— the date of enactment of this chapter, the ‘‘(b) PUBLIC AVAILABILITY.— ‘‘(A) require a covered employee to include head of each covered postal entity shall issue ‘‘(1) IN GENERAL.—Subject to paragraph (2), in the file of any noncompetitive purchase a policy on contracting officer delegations of the information required to be made publicly request for a noncompetitive postal contract authority for postal contracts for the cov- available by a covered postal entity under a written certification that— ered postal entity. subsection (a) shall be readily accessible on ‘‘(i) discloses any covered relationship of ‘‘(2) CONTENTS.—The policy issued under the website of the covered postal entity. the covered employee; and paragraph (1) shall require that— ‘‘(2) PROTECTION OF PROPRIETARY INFORMA- ‘‘(ii) states that the covered employee will ‘‘(A) notwithstanding any delegation of au- TION.—A covered postal entity shall— not take any action with respect to the non- thority with respect to postal contracts, the ‘‘(A) carefully screen any description of the competitive purchase request that affects ultimate responsibility and accountability rationale supporting a noncompetitive award the financial interests of a friend, relative, for the award and administration of postal required to be made publicly available under or person with whom the covered employee contracts resides with the senior procure- subsection (a) to determine whether the de- is affiliated in a nongovernmental capacity, ment executive; and scription includes proprietary data (includ- or otherwise gives rise to an appearance of ‘‘(B) a contracting officer shall maintain ing any reference or citation to the propri- the use of public office for private gain, as an awareness of and engagement in the ac- etary data) or security-related information; described in section 2635.702 of title 5, Code of tivities being performed on postal contracts and Federal Regulations, or any successor there- of which that officer has cognizance, not- ‘‘(B) remove any proprietary data or secu- to; withstanding any delegation of authority rity-related information before making pub- ‘‘(B) require a contracting officer to con- that may have been executed. licly available a description of the rationale sult with the ethics counsel for the covered ‘‘(b) POSTING OF DELEGATIONS.— supporting a noncompetitive award. postal entity regarding any disclosure made ‘‘(1) IN GENERAL.—The head of each covered ‘‘(c) WAIVERS.— by a covered employee under subparagraph postal entity shall make any delegation of ‘‘(1) WAIVER PERMITTED.—If the Postal (A)(i), to determine whether participation by authority for postal contracts outside the Service determines that making a non- the covered employee in the noncompetitive functional contracting unit readily available competitive purchase request for a postal purchase request would give rise to a viola- and accessible on the website of the covered contract of the Postal Service publicly avail- tion of part 2635 of title 5, Code of Federal postal entity. able would risk placing the Postal Service at Regulations (commonly referred to as the

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Standards of Ethical Conduct for Employees (1) by striking ‘‘and’’ at the end of subpara- ‘‘(II) ONGOING AREA MAIL PROCESSING STUD- of the Executive Branch), or any successor graph (C); IES.—In the case of a postal facility described thereto; (2) by striking the period at the end of sub- in clause (iii) for which an area mail proc- ‘‘(C) require the ethics counsel for a cov- paragraph (D) and inserting ‘‘; and’’; and essing study is in progress, the Postal Serv- ered postal entity to review any disclosure (3) by adding at the end the following: ice shall— made by a contracting officer under subpara- ‘‘(E) the United States Postal Service and ‘‘(aa) suspend the area mail processing graph (A)(i) to determine whether participa- the Postal Regulatory Commission.’’. study; tion by the contracting officer in the non- ‘‘(bb) request a certification, as described competitive purchase request would give rise SA 2002. Ms. MIKULSKI submitted in paragraph (2)(B), for the postal facility to a violation of part 2635 of title 5, Code of an amendment intended to be proposed from the Governor of the State in which the Federal Regulations (commonly referred to by her to the bill S. 1789, to improve, postal facility is located; and as the Standards of Ethical Conduct for Em- sustain, and transform the United ‘‘(cc) after receiving a certification sub- ployees of the Executive Branch), or any suc- mitted under paragraph (2)(B) for the postal cessor thereto; States Postal Service; which was or- facility, complete the area mail processing ‘‘(D) under subsections (d) and (e) of sec- dered to lie on the table; as follows: study. tion 2635.502 of title 5, Code of Federal Regu- At the appropriate place, insert the fol- ‘‘(ii) CONSIDERATION OF ALTERNATIVE lations, or any successor thereto, require the lowing: PLAN.—After receiving a certification sub- ethics counsel for a covered postal entity SEC. ll. PROHIBITION ON CLOSING OR CON- mitted under paragraph (2)(B) for a postal fa- to— SOLIDATING PROCESSING AND DIS- cility described in clause (iii), the Postal ‘‘(i) authorize a covered employee that TRIBUTION CENTER IN EASTON, Service shall— makes a disclosure under subparagraph (A)(i) MARYLAND. ‘‘(I) consider a plan to reduce the capacity to participate in the noncompetitive postal The Postal Service may not close or con- of the postal facility, but not close the post- contract; or solidate the processing and distribution cen- al facility; and ‘‘(ii) disqualify a covered employee that ter in Easton, Maryland. ‘‘(II) publish the results of the consider- makes a disclosure under subparagraph (A)(i) ation under subclause (I) with or as an from participating in the noncompetitive SA 2003. Ms. MIKULSKI submitted amendment to the area mail processing postal contract; an amendment intended to be proposed study relating to the postal facility.’’; ‘‘(E) require a contractor to timely dis- by her to the bill S. 1789, to improve, (4) in paragraph (5), as so redesignated— close to the contracting officer in a bid, so- sustain, and transform the United (A) in the matter preceding subparagraph licitation, award, or performance of a postal States Postal Service; which was or- (A), by striking ‘‘(3)’’ and inserting ‘‘(4)’’; contract any conflict of interest with a cov- dered to lie on the table; as follows: and ered employee; and (B) in subparagraph (A), by striking ‘‘(3)’’ At the appropriate place, insert the fol- ‘‘(F) include authority for the head of the and inserting ‘‘(4)’’; and lowing: covered postal entity to grant a waiver or (5) in paragraph (6), as so redesignated— otherwise mitigate any organizational or SEC. ll. CERTIFICATION BY GOVERNOR OF A (A) in subparagraph (A), by striking ‘‘(4)’’ STATE. personal conflict of interest, if the head of and inserting ‘‘(5)’’; Section 404(f) of title 39, United States the covered postal entity determines that (B) in subparagraph (B), by striking ‘‘(4)’’ Code, as added by section 201 of this Act, is the waiver or mitigation is in the best inter- and inserting ‘‘(5)’’; and amended— ests of the covered postal entity. (C) in subparagraph (C), by striking ‘‘(4)’’ (1) by redesignating paragraphs (2) through ‘‘(2) POSTING OF WAIVERS.—Not later than and inserting ‘‘(5)’’. 30 days after the head of a covered postal en- (8) as paragraphs (3) through (9), respec- tity grants a waiver described in paragraph tively; SA 2004. Ms. MIKULSKI submitted (1)(F), the head of the covered postal entity (2) by inserting after paragraph (1) the fol- an amendment intended to be proposed lowing: shall make the waiver publicly available on by her to the bill S. 1789, to improve, ‘‘(2) CERTIFICATION BY GOVERNOR OF A the website of the covered postal entity. sustain, and transform the United ‘‘(c) CONTRACT VOIDANCE AND RECOVERY.— STATE.— ‘‘(1) UNLAWFUL CONDUCT.—In any case in ‘‘(A) DEFINITIONS.—In this paragraph— States Postal Service; which was or- which there is a final conviction for a viola- ‘‘(i) the term ‘Governor’ means the chief dered to lie on the table; as follows: tion of any provision of chapter 11 of title 18 executive officer of a State; and At the appropriate place, insert the fol- relating to a postal contract, the head of a ‘‘(ii) the term ‘State’ means a State of the lowing: covered postal entity may— United States, the District of Columbia, SEC. ll. COMMUNITY IMPACT STUDY. ‘‘(A) void that contract; and Puerto Rico, the Northern Mariana Islands, Subsection (f) of section 404 of title 39, ‘‘(B) recover the amounts expended and Guam, American Samoa, and the Virgin Is- United States Code, as added by section 201 property transferred by the covered postal lands. of this Act, is amended— entity under that contract. ‘‘(B) CERTIFICATION REQUIRED.—The Postal (1) by redesignating paragraphs (7) and (8) ‘‘(2) OBTAINING OR DISCLOSING PROCUREMENT Service may not close or consolidate a postal as paragraphs (9) and (10), respectively; INFORMATION.— facility unless the Governor of the State in (2) by redesignating paragraphs (2) through ‘‘(A) IN GENERAL.—In any case in which a which the postal facility is located submits (6) as paragraphs (3) through (7), respec- contractor under a postal contract fails to to the Postal Service a certification that the tively; timely disclose a conflict of interest to the closing or consolidation— (3) by inserting after paragraph (1) the fol- appropriate contracting officer as required ‘‘(i) will not harm community safety; lowing: under the regulations promulgated under ‘‘(ii) will not directly or indirectly disrupt ‘‘(2) COMMUNITY IMPACT STUDY.— subsection (b)(1)(E), the head of a covered commerce; and ‘‘(A) STUDY BY INDEPENDENT ORGANIZA- postal entity may— ‘‘(iii) will not limit access to communica- TION.—Before making a determination under ‘‘(i) void that contract; and tions in any rural community that lacks subsection (a)(3) as to the necessity for the ‘‘(ii) recover the amounts expended and broadband internet availability or cellular closing or consolidation of any postal facil- property transferred by the covered postal telephone coverage.’’; ity, the Postal Service shall contract with entity under that contract. (3) in paragraph (3), as so redesignated— an independent organization to conduct a ‘‘(B) CONVICTION OR ADMINISTRATIVE DETER- (A) in subparagraph (A), in the matter pre- study of, and submit to the Postal Service a MINATION.—A case described under subpara- ceding clause (i), by inserting after ‘‘facil- report on, the impact of the closing or con- graph (A) is any case in which— ity,’’ the following: ‘‘and after receiving a solidation on the community served by the ‘‘(i) there is a final conviction for an of- certification submitted under paragraph postal facility. fense punishable under section 2105 of title (2)(B) for that postal facility,’’; and ‘‘(B) MATTERS TO BE STUDIED.—A commu- 41; or (B) in subparagraph (B)— nity impact study described in subparagraph ‘‘(ii) the head of a covered postal entity de- (i) by redesignating clause (ii) as clause (A) shall evaluate the potential impact of termines, based upon a preponderance of the (iii); and the closing or consolidation of a postal facil- evidence, that the contractor or someone (ii) by striking clause (i) and inserting the ity on— acting for the contractor has engaged in con- following: ‘‘(i) small business concerns in the commu- duct constituting an offense punishable ‘‘(i) REQUEST FOR CERTIFICATION FROM GOV- nity in which the postal facility is located; under section 2105 of such title.’’. ERNOR.— ‘‘(ii) jobs and employment in the commu- (b) CLERICAL AMENDMENT.—The table of ‘‘(I) COMPLETED AREA MAIL PROCESSING nity in which the postal facility is located; chapters at the beginning of part I is amend- STUDIES.—In the case of a postal facility de- ‘‘(iii) the unemployment rate in the com- ed by adding at the end the following: scribed in clause (iii) for which an area mail munity in which the postal facility is lo- ‘‘7. Contracting Provisions ...... 701’’. processing study has been completed, the cated; and SEC. 602. TECHNICAL AMENDMENT TO DEFINI- Postal Service shall request a certification, ‘‘(iv) State and local government tax reve- TION. as described in paragraph (2)(B), for the post- nues. Section 7101(8) of title 41, United States al facility from the Governor of the State in ‘‘(C) POSTAL SERVICE RESPONSE.—The Post- Code, is amended— which the postal facility is located. al Service shall include in the justification

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.053 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2426 CONGRESSIONAL RECORD — SENATE April 17, 2012 statement required under paragraph (6) for a ice postmark on the envelope or other cover (1) an increase in the price of gasoline; postal facility a response to the report sub- in which such appeal is mailed; or (2) an increase in imports of finished prod- mitted under subparagraph (A) for the postal ‘‘(II) if otherwise lawfully delivered to the ucts; or facility that describes the effect of the re- Commission, be considered to have been sub- (3) a loss of refining capacity or decrease in port on the determination to close or con- mitted and received on the date determined refinery utilization in any Petroleum Ad- solidate the postal facility. based on any appropriate documentation or ministration for Defense District. ‘‘(D) APPLICABILITY.—The requirements other indicia (as determined under regula- (b) CONSULTATION.—In making the deter- under subparagraphs (A) through (C) shall tions of the Commission).’’. mination described in subsection (a), the Ad- apply to the determination to close or con- ministrator of the Environmental Protection solidate any postal facility, including a post- SA 2005. Ms. MIKULSKI submitted Agency shall consult with the Secretary of al facility described in paragraph (3)(B)(ii).’’; an amendment intended to be proposed Energy and the National Petroleum Council. (4) in paragraph (5), as so redesignated, by by her to the bill S. 1789, to improve, Mr. MCCAIN (for himself, striking ‘‘paragraph (3)’’ each place that sustain, and transform the United SA 2007. term appears and inserting ‘‘paragraph (4)’’; States Postal Service; which was or- Mr. COBURN, and Mr. JOHNSON of Wis- (5) in paragraph (6), as so redesignated, by dered to lie on the table; as follows: consin) submitted an amendment in- tended to be proposed by him to the striking ‘‘paragraph (4)’’ each place that At the appropriate place, insert the fol- term appears and inserting ‘‘paragraph (5)’’; lowing: bill S. 1789, to improve, sustain, and and SEC. ll. MAINTENANCE OF EXPECTED DELIV- transform the United States Postal (6) by inserting after paragraph (7), as so ERY TIME FOR PROTECTED MAIL Service; which was ordered to lie on redesignated, the following: ITEMS. the table; as follows: ‘‘(8) APPEAL TO POSTAL REGULATORY COM- (a) IN GENERAL.—Subchapter VII of chapter At the appropriate place, insert the fol- MISSION.— 36 of title 39, United States Code, as amended lowing: ‘‘(A) IN GENERAL.—A determination of the by this Act, is amended by adding at the end SEC. ll. POSTAL SERVICE ADVERTISING PRO- Postal Service to close or consolidate a post- the following: GRAM. al facility may be appealed by any person ‘‘§ 3693. Maintenance of expected delivery Section 404 of title 39, United States Code, served by the postal facility to the Postal time for protected mail items as amended by this Act, is amended by add- Regulatory Commission. ‘‘(a) DEFINITION OF PROTECTED MAIL ing at the end the following: ‘‘(B) REVIEW BY COMMISSION.— ITEM.—In this section, the term ‘protected ‘‘(g) Subject to subsection (a)(6), the Postal ‘‘(i) REVIEW OF RECORD.—The Postal Regu- mail item’ means— Service may establish and manage a pro- latory Commission shall review a determina- ‘‘(1) a medication or pharmaceutical pro- gram that allows entities to advertise at tion of the Postal Service under subpara- vided by mail— Postal Service facilities and on Postal Serv- graph (A) on the basis of the record that was ‘‘(A) under a prescription drug plan under ice vehicles, if— before the Postal Service when the Postal part D of title XVIII of the Social Security ‘‘(1) the Postal Service at all times ensures Service made the determination. Act (42 U.S.C. 1395w-101 et seq.); or that advertising it permits is consistent with ‘‘(ii) STANDARD OF REVIEW.—The Postal ‘‘(B) by the Department of Veterans Affairs the integrity of the Postal Service; Regulatory Commission shall set aside any under the laws administered by the Sec- ‘‘(2) the program is required to cover a determination, findings, and conclusions of retary of Veterans Affairs; minimum of 200 percent of the costs attrib- the Postal Service that the Commission ‘‘(2) a pharmaceutical provided by mail utable to the program for each year; finds to be— under the national mail-order pharmacy pro- ‘‘(3) all advertising expenditures and reve- ‘‘(I) inconsistent with the findings of the gram under section 1074g of title 10, or other- nues are subject to annual compliance deter- report submitted under paragraph (2)(A); wise provided by mail for members of the mination (including remedies for noncompli- ‘‘(II) arbitrary, capricious, an abuse of dis- uniformed services and covered beneficiaries ance) applicable to nonpostal products; and cretion, or otherwise not in accordance with under chapter 55 of that title; ‘‘(4) total advertising expenditures and rev- the law; ‘‘(3) a benefit delivered to a beneficiary by enues are disclosed in Postal Service annual ‘‘(III) without observance of procedure re- mail under title II or XVI of the Social Secu- reports.’’. quired by law; or rity Act (42 U.S.C. 401 et seq., 1381 et seq.); ‘‘(IV) unsupported by substantial evidence ‘‘(4) a payment of military pay and allow- SA 2008. Mr. MCCAIN (for himself, on the record. ances made by mail to members of the Mr. COBURN, and Mr. JOHNSON of Wis- ‘‘(iii) APPLICABILITY OF OTHER LAWS.—The Armed Forces; and consin) submitted an amendment in- provisions of section 556, section 557, and ‘‘(5) a payment of compensation or pension tended to be proposed by him to the chapter 7 of title 5 shall not apply to any re- made by mail under chapter 11, 13, or 15 of bill S. 1789, to improve, sustain, and view carried out by the Postal Regulatory title 38. Commission under this paragraph. transform the United States Postal ‘‘(b) MAINTENANCE OF EXPECTED DELIVERY Service; which was ordered to lie on ‘‘(C) LIMITATION ON ACTIONS BY POSTAL REG- TIME.—Notwithstanding subsection (a), (b), ULATORY COMMISSION.—The Postal Regu- or (c) of section 3691, section 204(b) or 206 of the table; as follows: latory Commission may affirm the deter- the 21st Century Postal Service Act of 2012, At the appropriate place, insert the fol- mination of the Postal Service or order that or any other provision of law, the Postal lowing: the entire matter be returned for further Service may not increase the expected deliv- SEC. ll. LIMITATION ON BONUS AUTHORITY. consideration, but the Commission may not ery time for protected mail items relative to Section 3686 of title 39, United States Code, modify the determination of the Postal Serv- the expected delivery time for protected is amended— ice. mail items as of the day before the date of (1) in subsection (a), by striking ‘‘The ‘‘(D) SUSPENSION.—The Postal Regulatory enactment of the 21st Century Postal Service Postal Service’’ and inserting ‘‘Subject to Commission may suspend the effectiveness Act of 2012.’’. subsection (f), the Postal Service’’; and of the determination of the Postal Service (b) CLERICAL AMENDMENT.—The table of (2) by adding at the end the following: until the final disposition of the appeal. sections for subchapter VII of chapter 36 of ‘‘(f) LIMITATION ON BONUS AUTHORITY.— ‘‘(E) DEADLINES.— title 39, United States Code, is amended by ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(i) SUBMITTAL OF APPEAL.—A person may adding at the end the following: ‘‘(A) the term ‘bonus’ includes a bonus, in- submit an appeal under subparagraph (A) ‘‘3693. Maintenance of expected delivery centive-based payment, or other reward with respect to a postal facility not later time for protected mail items.’’. under this section or any other provision of than 15 days after the date on which the law; and Postal Service posts the justification state- SA 2006. Mr. INHOFE submitted an ‘‘(B) the term ‘senior executive of the Post- ment under paragraph (6) with respect to the amendment intended to be proposed by al Service’ means— postal facility. ‘‘(i) a member of the Board of Governors; him to the bill S. 1789, to improve, sus- ‘‘(ii) DETERMINATION OF POSTAL REGU- ‘‘(ii) an individual serving in a position de- LATORY COMMISSION.—The Postal Regulatory tain, and transform the United States scribed in section 203 or 204; and Commission shall make a determination Postal Service; which was ordered to ‘‘(iii) an individual hired as an executive with respect to an appeal under subpara- lie on the table; as follows: hired under section 1001(c). graph (A) not later than 120 days after the On page 227, after the matter after line 7, ‘‘(2) LIMITATION.—On and after the date of date on which the Commission receives the add the following: enactment of this subsection, the Postal appeal. SEC. 409. DELAY OF TIER 3 MOTOR VEHICLE Service may not provide a bonus to a senior ‘‘(iii) DATE SUBMITTED AND RECEIVED.—For EMISSION AND FUEL STANDARDS. executive of the Postal Service if the Postal purposes of clauses (i) and (ii), any appeal re- (a) IN GENERAL.—The Administrator of the Service— ceived by the Postal Regulatory Commission Environmental Protection Agency shall not ‘‘(A) has outstanding obligations purchased shall— propose any Tier 3 motor vehicle emission by the Secretary of the Treasury under sec- ‘‘(I) if sent to the Commission through the and fuel standard until the Administrator tion 2006; or mails, be considered to have been submitted determines that the implementation of the ‘‘(B) owes any other debt to the Treasury and received on the date of the Postal Serv- standard will not result in— of the United States.’’.

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Mr. MCCAIN (for himself, resentatives recognized under section 1203, (1) POLITICAL ROBOCALL.—The term ‘‘polit- Mr. COBURN, and Mr. JOHNSON of Wis- ratified after the date of enactment of this ical robocall’’ means any outbound tele- consin) submitted an amendment in- subsection, shall contain no provision re- phone call— tended to be proposed by him to the stricting the applicability of reduction-in- (A) in which a person is not available to force procedures under title 5 with respect to speak with the person answering the call, bill S. 1789, to improve, sustain, and members of the applicable bargaining unit. and the call instead plays a recorded mes- transform the United States Postal ‘‘(e) Any collective-bargaining agreement sage; and Service; which was ordered to lie on between the Postal Service and the bar- (B) which promotes, supports, attacks, or the table; as follows: gaining representatives recognized under opposes a candidate for Federal office. At the end of title I, add the following: section 1203 ratified before the date of enact- (2) IDENTITY.—The term ‘‘identity’’ means, SEC. 106. LIMITATION ON POSTAL CONTRIBU- ment of this Act that contains any provision with respect to any individual making a po- TIONS UNDER FEGLI AND FEHBP. violating subsection (d) shall be renegotiated litical robocall or causing a political Section 1003 of title 39, United States Code, with a new collective-bargaining agreement robocall to be made, the name of the sponsor is amended by adding at the end the fol- to be ratified or imposed through an arbitra- or originator of the call. lowing: tion decision under section 1207 within 9 (3) SPECIFIED PERIOD.—The term ‘‘specified ‘‘(e)(1) At least 1 month before the start of months after such date of enactment. period’’ means, with respect to any can- each fiscal year as described in paragraph (2), ‘‘(f)(1) If a collective-bargaining agreement didate for Federal office who is promoted, the Postmaster General shall transmit to between the Postal Service and bargaining supported, attacked, or opposed in a political the Postal Regulatory Commission certifi- representatives recognized under section robocall— cation (together with such supporting docu- 1203, ratified after the date of enactment of (A) the 60-day period ending on the date of mentation as the Postal Regulatory Com- this subsection, includes reduction-in-force any general, special, or run-off election for mission may require) that contributions of procedures which can be applied in lieu of re- the office sought by such candidate; and the Postal Service for such fiscal year will duction-in-force procedures under title 5, the (B) the 30-day period ending on the date of not exceed— Postal Service may, in its discretion, apply any primary or preference election, or any ‘‘(A) in the case of life insurance under with respect to members of the applicable convention or caucus of a political party chapter 87 of title 5, the Government con- bargaining unit— that has authority to nominate a candidate, tributions determined under section 8708 of ‘‘(A) the alternative procedures (or, if 2 or for the office sought by such candidate. such title; and more are agreed to, 1 of the alternative pro- (4) OTHER DEFINITIONS.—The terms ‘‘can- ‘‘(B) in the case of health insurance under cedures); or didate’’ and ‘‘Federal office’’ have the re- chapter 89 of title 5, the Government con- ‘‘(B) the reduction-in-force procedures spective meanings given such terms under tributions determined under 8906 of such under title 5. section 301 of the Federal Election Campaign title. ‘‘(2) In no event may, if procedures for the Act of 1971 (2 U.S.C. 431). ‘‘(2) This subsection applies with respect resolution of a dispute or impasse arising in SEC. l04. REGULATION OF POLITICAL to— the negotiation of a collective-bargaining ROBOCALLS. ‘‘(A) except as provided in subparagraph agreement (whether through binding arbitra- It shall be unlawful for any person during (B), each fiscal year beginning after Sep- tion or otherwise) are invoked under this the specified period to make a political tember 30, 2013; and chapter, the award or other resolution robocall or to cause a political robocall to be ‘‘(B) in the case of officers and employees reached under such procedures provide for made— of the Postal Service covered by a collective the elimination of, or the substitution of any (1) to any person during the period begin- bargaining agreement which is in effect on alternative procedures in lieu of, reduction- ning at 9 p.m. and ending at 8 a.m. in the the date of the enactment of this sub- in-force procedures under title 5.’’. place which the call is directed; section— (2) to the same telephone number more ‘‘(i) each fiscal year beginning after the ex- SA 2011. Mr. MCCAIN (for himself and than twice on the same day; piration date of such agreement, including Mr. COBURN) submitted an amendment (3) without disclosing, at the beginning of ‘‘(ii) for the fiscal year in which such expi- intended to be proposed by him to the the call— ration date occurs, any portion of such fiscal bill S. 1789, to improve, sustain, and (A) that the call is a recorded message; and year remaining after such expiration date. transform the United States Postal (B) the identity of the person making the call or causing the call to be made; or ‘‘(3)(A) If, after reasonable notice and op- Service; which was ordered to lie on portunity for hearing is afforded to the Post- (4) without transmitting the telephone al Service, the Postal Regulatory Commis- the table; as follows: number and the name of the person making sion finds that the contributions of the Post- Strike section 208 and insert the following: the political robocall or causing the political al Service for a fiscal year will exceed or are SEC. 208. FREQUENCY OF MAIL DELIVERY. robocall to be made to the caller identifica- exceeding the limitation specified in sub- Section 101 of title 39, United States Code, tion service of the recipient. paragraph (A) or (B) of paragraph (1), the is amended by adding at the end the fol- SEC. l05. ENFORCEMENT. Commission shall order that the Postal Serv- lowing: (a) ENFORCEMENT BY FEDERAL ELECTION ice take such action as the Commission con- ‘‘(h) Nothing in this title or any other pro- COMMISSION.— siders necessary to achieve full and imme- vision of law shall be considered to prevent (1) IN GENERAL.—Any person aggrieved by a diate compliance with the applicable limita- the Postal Service from taking whatever ac- violation of section l04 may file a complaint tion or limitations. tions may be necessary to provide for 5-day with the Federal Election Commission under ‘‘(B) Sections 3663 and 3664 shall apply with delivery of mail and a commensurate adjust- rules similar to the rules under section 309(a) respect to any order issued by the Postal ment in rural delivery of mail, subject to the of the Federal Election Campaign Act of 1971 Regulatory Commission under subparagraph requirements of section 3661.’’. (2 U.S.C. 437g(a)). (A). (2) CIVIL PENALTY.— ‘‘(C) Nothing in this paragraph shall be SA 2012. Mrs. FEINSTEIN submitted (A) IN GENERAL.—If the Federal Election considered to permit the issuance of an order an amendment intended to be proposed Commission or any court determines that requiring reduction of contributions below by her to the bill S. 1789, to improve, there has been a violation of section l04, the level specified by the provision of law sustain, and transform the United there shall be imposed a civil penalty of not cited in subparagraph (A) or (B) of paragraph more than $1,000 per violation. (1), as applicable.’’. States Postal Service; which was or- (B) WILLFUL VIOLATIONS.—In the case the dered to lie on the table; as follows: Federal Election Commission or any court SA 2010. Mr. MCCAIN (for himself, At the end, add the following: determines that there has been a knowing or Mr. COBURN, and Mr. JOHNSON of Wis- TITLE l—REGULATION OF POLITICAL willful violation of section l04, the amount consin) submitted an amendment in- ROBOCALLS of any civil penalty under subparagraph (A) for such violation may be increased to not tended to be proposed by him to the SEC. l01. SHORT TITLE. bill S. 1789, to improve, sustain, and more than 300 percent of the amount under This title may be cited as the ‘‘Robocall subparagraph (A). transform the United States Postal Privacy Act of 2012’’. (b) PRIVATE RIGHT OF ACTION.—Any person Service; which was ordered to lie on SEC. l02. FINDINGS. may bring in an appropriate district court of the table; as follows: Congress makes the following findings: the United States an action based on a viola- At the end of title I, add the following: (1) Abusive political robocalls harass vot- tion of section l04 to enjoin such violation SEC. 106. APPLICABILITY OF REDUCTION-IN- ers and discourage them from participating without regard to whether such person has FORCE PROCEDURES. in the political process. filed a complaint with the Federal Election Section 1206 of title 39, United States Code (2) Abusive political robocalls infringe on Commission. is amended by adding at the end the fol- the privacy rights of individuals by dis- lowing: turbing them in their homes. SA 2013. Mr. REID proposed an ‘‘(d) Collective-bargaining agreements be- SEC. l03. DEFINITIONS. amendment to amendment SA 2000 pro- tween the Postal Service and bargaining rep- For purposes of this title— posed by Mr. REID (for Mr. LIEBERMAN

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BOARD OF GOVERNORS. and Mr. BROWN of Massachusetts)) to insert the following: (a) IN GENERAL.—Section 202 of title 39, the bill S. 1789, to improve, sustain, ‘‘(i) conduct an area mail processing study United States Code, is amended— and transform the United States Postal relating to that postal facility that in- (1) in subsection (a)(1)— cludes— (A) in the first sentence, by striking ‘‘11’’ Service; as follows: ‘‘(I) a plan to reduce the capacity of the and inserting ‘‘9’’; At the end, add the following new section: postal facility, but not close the postal facil- (B) in the second sentence— SEC. ll ity; and (i) by striking ‘‘Nine’’ and inserting This Act shall become effective 7 days ‘‘(II) consideration of the effect of the clo- ‘‘Seven’’; and after enactment. sure or consolidation of the postal facility on (ii) by striking ‘‘5’’ and inserting ‘‘4’’; and the ability of individuals served by the post- (C) in the fourth sentence, by striking ‘‘at SA 2014. Mr. REID proposed an al facility to vote by mail and the ability of least 4’’ and inserting ‘‘not fewer than 3’’; amendment to amendment SA 2013 pro- the Postal Service to timely deliver ballots (2) in subsection (b)(1), by striking ‘‘The posed by Mr. REID to the amendment by mail in accordance with the deadline to terms of the 9 Governors’’ and all that fol- return ballots established under applicable lows and inserting the following: ‘‘(A) The SA 2000 proposed by Mr. REID (for Mr. State law; term of a Governor shall be 7 years. LIEBERMAN (for himself, Ms. COLLINS, On page 29, line 13, strike ‘‘and’’ and all ‘‘(B) A Governor appointed to fill a va- Mr. CARPER, and Mr. BROWN of Massa- that follows through ‘‘publish’’ on line 14 and cancy before the expiration of the term for chusetts)) to the bill S. 1789, to im- insert the following: which the predecessor of that Governor was prove, sustain, and transform the ‘‘(II) consider the effect of the closure or appointed shall serve for the remainder of United States Postal Service; as fol- consolidation of the postal facility on the such term. lows: ability of individuals served by the postal fa- ‘‘(C) A Governor may continue to serve cility to vote by mail and the ability of the after the expiration of a term until the suc- In the amendment, strike ‘‘7 days’’ and in- cessor to that Governor has qualified, but sert ‘‘6 days’’. Postal Service to timely deliver ballots by mail in accordance with the deadline to re- may not serve for more than 1 year after the expiration of such term.’’; and SA 2015. Mr. REID proposed an turn ballots established under applicable State law; and (3) in subsection (e)(3), in the first sen- amendment to the bill S. 1789, to im- ‘‘(III) publish tence, by striking ‘‘at least 7’’ and inserting prove, sustain, and transform the On page 30, line 1, after ‘‘the facility’’ in- ‘‘not fewer than 5’’. United States Postal Service; as fol- sert the following: ‘‘or consideration of the (b) INCUMBENT.—Notwithstanding the lows: effect of the closure or consolidation of the amendments made by subsection (a), an indi- At the end, add the following new section: postal facility on the ability of individuals vidual serving as a Governor under section 202 of title 39, United States Code, on the SEC. ll served by the postal facility to vote by mail and the ability of the Postal Service to time- date of enactment of this Act may serve as This Act shall become effective 5 days a Governor until the expiration of the term after enactment. ly deliver ballots by mail in accordance with the deadline to return ballots established of the individual. under applicable State law’’. SA 2016. Mr. REID proposed an SA 2022. Mr. BENNET (for himself amendment to amendment SA 2015 pro- On page 45, strike line 3 and all that fol- lows through ‘‘(c)’’ on line 11 and insert the and Mr. BLUNT) submitted an amend- posed by Mr. REID to the bill S. 1789, to following: ment intended to be proposed by him improve, sustain, and transform the (b) MORATORIUM ON CLOSING OF POST OF- to the bill S. 1789, to improve, sustain, United States Postal Service; as fol- FICES AND POSTAL FACILITIES.— and transform the United States Postal lows: (1) GENERAL MORATORIUM.—Notwith- Service; which was ordered to lie on In the amendment, strike ‘‘5 days’’ and in- standing section 404(d) of title 39, United the table; as follows: sert ‘‘4 days’’. States Code, during the period beginning on the date of enactment of this Act and ending At the appropriate place, insert the fol- lowing: SA 2017. Mr. REID proposed an on the date on which the Postal Service es- tablishes the service standards under sub- SEC. ll. CITIZEN’S SERVICE PROTECTION ADVO- amendment to the bill S. 1789, to im- CATES. prove, sustain, and transform the section (b), the Postal Service may not close a post office, except as required for the im- (a) IN GENERAL.—Chapter 4 of title 39, United States Postal Service; as fol- mediate protection of health and safety. United States Code, is amended by adding at lows: (2) MORATORIUM TO PROTECT THE ABILITY OF the end the following: At the end, add the following new section: VOTERS TO VOTE ABSENTEE OR BY MAIL.—Not- ‘‘§ 417. Citizen’s service protection advocates SEC. ll withstanding paragraph (1) or subsection (d) ‘‘(a) APPOINTMENT OF ADVOCATE.— This Act shall become effective 3 days or (f) of section 404 of title 39, United States ‘‘(1) IN GENERAL.—The chief executive of a after enactment. Code, during the period beginning on the State affected by the closure or consolida- date of enactment of this Act and ending on tion of a rural post office or postal facility SA 2018. Mr. REID proposed an November 13, 2012, the Postal Service may (as defined in section 404(f)) may appoint a amendment to amendment SA 2017 pro- not close or consolidate a post office or post- citizen’s service protection advocate to rep- al facility located in a State that conducts posed by Mr. REID to the bill S. 1789, to resent the interests of postal customers af- all elections by mail or permits no-excuse improve, sustain, and transform the fected by the closure or consolidation. absentee voting, except as required for the ‘‘(2) CONSULTATION.—In making an appoint- United States Postal Service; as fol- immediate protection of health and safety. ment under this subsection, the chief execu- lows: (c) NOTIFICATION OF ELECTION OFFICIALS.— tive of a State shall consult with— In the amendment, strike ‘‘3 days’’ and in- Section 404 of title 39, United States Code, as ‘‘(A) the mayor (or equivalent official) of sert ‘‘2 days’’. amended by this Act, is amended by adding any city affected by the closure or consolida- at the end the following: tion; and SA 2019. Mr. REID proposed an ‘‘(g) NOTIFICATION OF ELECTION OFFICIALS.— ‘‘(B) the commissioner (or equivalent offi- amendment to amendment SA 2018 pro- Not later than 120 days before the date on cial) of any county, parish, or equivalent po- posed by Mr. REID to the amendment which the Postal Service closes or consoli- litical subdivision affected by the closure or dates a post office or postal facility (as de- SA 2017 proposed by Mr. REID to the consolidation. fined in subsection (f)), the Postal Service ‘‘(b) NOTICE.—The Postal Service shall bill S. 1789, to improve, sustain, and shall notify each State and local election of- transmit to the chief executive of a State no- transform the United States Postal ficial for the area affected by the closing or tice of any determination by the Postal Service; as follows: consolidation of the closing or consolida- Service to close or consolidate a rural post In the amendment, strike ‘‘2 days’’ and in- tion.’’. office or postal facility that affects postal sert ‘‘1 day’’. (d) customers in the State. ‘‘(c) APPEALS.— SA 2020. Mr. WYDEN (for himself, SA 2021. Mr. TESTER submitted an ‘‘(1) IN GENERAL.—Notwithstanding section Mrs. FEINSTEIN, Mr. MERKLEY, and Mr. amendment intended to be proposed by 404(d), a citizen’s service protection advocate TESTER) submitted an amendment in- him to the bill S. 1789, to improve, sus- may appeal to the Postal Regulatory Com- tended to be proposed by him to the tain, and transform the United States mission a decision by the Postal Service to close or consolidate a rural post office or bill S. 1789, to improve, sustain, and Postal Service; which was ordered to postal facility, if the citizen’s service protec- transform the United States Postal lie on the table; as follows: tion advocate finds that the closure or con- Service; which was ordered to lie on At the appropriate place, insert the fol- solidation would result in a failure by the the table; as follows: lowing: Postal Service to comply with the retail

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.057 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2429 service standards established under section Code, is amended by adding at the end the SEC. 105. ENROLLING SENIORS IN THE SAME 204(b) of the 21st Century Postal Service Act following: HEALTH CARE PLANS AS MEMBERS OF CONGRESS. of 2012. ‘‘417. Citizen’s service protection advocate.’’. ‘‘(2) TIME FOR APPEAL.—An appeal under (a) IN GENERAL.—Chapter 89 of title 5, paragraph (1) shall be submitted to the Post- (c) EFFECTIVE DATE.—The amendments United States Code, is amended— al Regulatory Commission not later than 30 made by this section shall take effect on the (1) in section 8901— days after the date on which the Postal Serv- date on which the Postal Service establishes (A) in paragraph (10), by striking ‘‘and’’ at ice transmits the notice under subsection retail service standards under section 204(b). the end; (b). (B) in paragraph (11), by striking the pe- riod at the end and inserting ‘‘; and’’; and ‘‘(3) POSTAL REGULATORY COMMISSION.— SA 2023. Mr. PAUL submitted an ‘‘(A) DETERMINATION REQUIRED.—Not later (C) by adding at the end the following: amendment intended to be proposed by ‘‘(12) the term ‘covered individual’ means than 90 days after the date on which the him to the bill S. 1789, to improve, sus- Postal Regulatory Commission receives an an individual who, taking into account sec- appeal under paragraph (1), the Postal Regu- tain, and transform the United States tion 226(k) of the Social Security Act, would latory Commission shall determine whether Postal Service; which was ordered to have been entitled to, or could have enrolled to grant or deny the appeal. lie on the table; as follows: for, benefits under part A of title XVIII of ‘‘(B) EFFECT OF DETERMINATION.—A deter- such Act or could have enrolled under part B At the appropriate place, insert the fol- of such title if section 1899B had not been en- mination by the Postal Regulatory Commis- lowing: sion under subparagraph (A) shall be binding acted.’’; upon the Postal Service. SEC. ll. PROHIBITION ON FOREIGN ASSIST- (2) by inserting after section 8901 the fol- ANCE TO EGYPT. ‘‘(4) PROHIBITION ON CLOSURE OR CONSOLIDA- lowing: TION DURING APPEAL.—Notwithstanding sec- (a) PROHIBITION.—No amounts may be obli- ‘‘SUBCHAPTER I—FEDERAL tion 404(d), during the period beginning on gated or expended to provide any direct EMPLOYEES’’; the date on which a citizen’s service protec- United States assistance to the Government (3) in section 8902— tion advocate submits an appeal under para- of Egypt unless the President certifies to (A) in subsection (a)— graph (1) and ending on the date on which Congress that— (i) by inserting ‘‘(1)’’ after ‘‘(a)’’; and the Postal Regulatory Commission makes a (1) the Government of Egypt is not hold- (ii) by adding at the end the following: determination under paragraph (3), the Post- ing, detaining, prosecuting, harassing, or ‘‘(2)(A) In this paragraph, the term ‘equiva- al Service may not close or consolidate the preventing the exit from Egypt of any person lent health benefits plan’ means a health rural post office or postal facility that is the working for a nongovernmental organization benefits plan proposed to be provided that of- subject of the appeal, except as required for supported by the United States Government fers benefits that the Director of the Office the immediate protection of health and safe- on the basis of the person’s association with of Personnel Management determines are ty. or work for the nongovernmental organiza- substantially equivalent or superior to bene- tion; fits offered under, and does not impose re- ‘‘(d) ACCESS TO INFORMATION AND ASSIST- (2) the Government of Egypt is not holding ANCE.— quirements that are substantially different any property of a nongovernmental organiza- than requirements under, a health benefits ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion described in paragraph (1) or of a person upon the request of any citizen’s service pro- plan in which an employee could enroll on associated with such a nongovernmental or- the date of enactment of this paragraph if tection advocate appointed under this sec- ganization; and tion, the Postal Service shall provide to the the employee resided— (3) the Government of Egypt— ‘‘(i) anywhere in the United States; or citizen’s service protection advocate— (A) has dropped all charges against the per- ‘‘(A) access to any records, reports, audits, ‘‘(ii) in the same region of the United sons described in paragraph (1); States as the health benefits plan proposed reviews, documents, papers, recommenda- (B) is no longer seeking the arrest of such tions, or other materials of the Postal Serv- to be provided. persons; and ‘‘(B) For contract years beginning on or ice relating to the closure or consolidation of (C) is no longer seeking the extradition of after January 1, 2014, if a carrier offers to the relevant post office or postal facility; such persons to Egypt for trial. provide an equivalent health benefits plan, and (b) RESCISSION OF FUNDS.— the Director shall enter into a contract with ‘‘(B) assistance in carrying out the duties (1) IN GENERAL.—Subject to paragraph (2), the carrier to provide the equivalent health of the citizen’s service protection advocate. of any amounts previously appropriated for benefits plan.’’; ‘‘(2) PRIVACY PROTECTIONS.—The Postal direct United States assistance to the Gov- (B) in subsection (e), by striking ‘‘The Of- Service may not provide to a citizen’s serv- ernment of Egypt and available for obliga- fice may prescribe’’ and inserting ‘‘Subject ice protection advocate any information, or tion as of the date of the enactment of this to subsection (a)(2), the Office may pre- compilation of information, that is a means Act, $5,000,000 is hereby rescinded. scribe’’; and of identification, as defined in section (2) CERTIFICATION.—If the President cer- (C) by adding at the end the following: 1028(d)(7) of title 18, United States Code. tifies to Congress the total amount of funds ‘‘(p) A contract under this chapter for a ‘‘(e) COMMUNICATION AND CONSULTATION.— paid by the United States Government, non- contract year beginning on or after January The Postal Service shall— governmental organizations supported by 1, 2014, shall offer benefits for employees, an- ‘‘(1) provide for regular and efficient com- the United States Government, and individ- nuitants, members of their families, former munication between a citizen’s service pro- uals working for such nongovernmental or- spouses, persons having continued coverage tection advocate and the officer or employee ganizations to obtain the release of persons under section 8905a of this title, and covered of the Postal Service responsible for the clo- working for nongovernmental organizations individuals. In administering this subchapter sure or consolidation of the relevant post of- detained by the Government of Egypt, the and subchapter II, employees, annuitants, fice or postal facility; and amount rescinded under paragraph (1) shall members of their families, former spouses, ‘‘(2) consult with the citizen’s service pro- instead be the amount so certified. persons having continued coverage under tection advocate in developing and imple- (3) INSUFFICIENT FUNDS.—If the President section 8905a of this title, and covered indi- menting service changes that affect postal certifies to Congress that the amount of viduals shall be in the same risk pool.’’; customers affected by the closure or consoli- funds required to be rescinded under para- (4) in section 8904— dation of the relevant post office or postal graph (1) or paragraph (2) is greater than the (A) by striking ‘‘(a) The benefits’’ and in- facility. amount of funds available to be rescinded, serting ‘‘The benefits’’; ‘‘(f) TERMINATION OF SERVICE.—An indi- the President shall withhold from future (B) by striking ‘‘this subsection’’ each vidual may not serve as a citizen’s service funding available for direct United States as- place it appears and inserting ‘‘this section’’; protection advocate with respect to the clo- sistance to the Government of Egypt an and sure or consolidation of a rural post office or amount equal to the difference between the (C) by striking subsection (b); postal facility after the later of— amount required to be rescinded and the (5) in section 8909(a)(1), by inserting ‘‘and ‘‘(1) the date on which the Postal Service amount available to be rescinded and trans- for all payments under section 8921(d)’’ be- determines not to close or consolidate the fer such amount to the Treasury of the fore the semicolon; rural post office or postal facility; United States to be used for deficit reduc- (6) in section 8910, by striking subsection ‘‘(2) the date on which the Postal Regu- tion. (d); and latory Commission makes a determination (7) by adding at the end the following: under subsection (c)(3); and SA 2024. Mr. PAUL submitted an ‘‘SUBCHAPTER II—COVERED ‘‘(3) if a citizen’s service protection advo- amendment intended to be proposed by INDIVIDUALS cate does not submit an appeal under sub- him to the bill S. 1789, to improve, sus- ‘‘§ 8921. Health insurance for covered individ- section (c), the date on which the Postal uals Service determines to close or consolidate tain, and transform the United States Postal Service; which was ordered to ‘‘(a) For contract years beginning on or the rural post office or postal facility; and’’. after January 1, 2014, and except as otherwise lie on the table; as follows: (b) TABLE OF SECTIONS.—The table of sec- provided in this subchapter, the Director of tions for chapter 4 of title 39, United States Strike section 105 and insert the following: the Office of Personnel Management shall

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.059 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2430 CONGRESSIONAL RECORD — SENATE April 17, 2012 ensure that to the greatest extent possible ‘‘(bb) 0.1. shall establish procedures for making and de- health benefits plans provide benefits for ‘‘(iv) For an individual with an adjusted positing deductions under this paragraph. covered individuals to the same extent and gross income of more than $160,000 and not ‘‘(3) The Director of the Office of Personnel in the same manner as provided under sub- more than $250,000, the individual premium Management shall establish procedures for chapter I for employees, annuitants, mem- payment shall be in an amount equal to the terminating the enrollment of a covered in- bers of their families, former spouses, and sum of— dividual in a health benefits plan if the cov- persons having continued coverage under ‘‘(I) the employee contribution for the ered individual fails to make timely pay- section 8905a of this title. health benefits plan, as determined under ment of premiums, which shall allow such a ‘‘(b)(1) The Director shall establish the section 8906; and covered individual to reenroll in a health deadline by which a covered individual shall ‘‘(II) the product obtained by multiplying— benefits plan under such terms and condi- elect to— ‘‘(aa) the Government contribution (as de- tions as the Director may prescribe. ‘‘(A) enroll in a health benefits plan under termined under section 8906(b)); by ‘‘(d) The Director of the Office of Personnel this chapter based on the status of the indi- ‘‘(bb) 0.15. Management shall make periodic payments vidual as a covered individual; ‘‘(v) For an individual with an adjusted to the employer or former employer pro- ‘‘(B) with the concurrence of the employer gross income of more than $250,000 and not viding health insurance to a covered indi- or former employer of the covered indi- more than $1,000,000, the individual premium vidual who makes an election under sub- vidual, receive payments under subsection payment shall be in an amount equal to the section (b)(1)(B) in a total amount not to ex- (d) to assist in paying for health insurance sum of— ceed the lesser of— provided through the employer or former ‘‘(I) the employee contribution for the ‘‘(1) the cost to the employer or former em- employer of the covered individual; or health benefits plan, as determined under ployer of providing health insurance to the ‘‘(C) not enroll in a health benefits plan or section 8906; and covered individual; and receive payments under this chapter. ‘‘(II) the product obtained by multiplying— ‘‘(2) the average Government contribution ‘‘(2) Failure to make a timely election for an individual enrolled in a health bene- under this subsection shall be deemed as an ‘‘(aa) the Government contribution (as de- termined under section 8906(b)); by fits plan under this chapter that is available election to not enroll in a health benefits to individuals residing anywhere in the plan or receive payment under this chapter. ‘‘(bb) 0.5. ‘‘(vi) For an individual with an adjusted United States. ‘‘(3) A covered individual— ‘‘(e) For fiscal year 2014 and each fiscal gross income of more than $1,000,000, the in- ‘‘(A) may elect to enroll in a health bene- year thereafter, there are appropriated to dividual premium payment shall be in an fits plan as an individual; and the Employees Health Benefits Fund estab- amount equal to the sum of— ‘‘(B) may not enroll in a health benefits lished under section 8909, out of any funds in plan for self and family. ‘‘(I) the employee contribution for the the Treasury not otherwise appropriated— ‘‘(4)(A) A covered individual who elects not health benefits plan, as determined under ‘‘(1) an amount equal to— to enroll, or who elects not to continue en- section 8906; and ‘‘(A) the taxes imposed by sections 3101(b) rollment, in a health benefits plan under this ‘‘(II) the Government contribution (as de- and 3111(b) of the Internal Revenue Code of chapter (including a covered individual who termined under section 8906(b)). 1986 with respect to wages reported to the ‘‘(C) The Director of the Office of Per- elects to receive payments under subsection Secretary of the Treasury pursuant to sub- sonnel Management shall adjust the income (d)) may subsequently enroll in a health ben- title F of such Code after December 31, 2013, amounts under subparagraph (B) annually to efits plan under this chapter based on the as determined by the Secretary of the Treas- status of the covered individual as a covered reflect changes in the Consumer Price Index ury by applying the applicable rates of tax individual in accordance with such proce- for all Urban Consumers published by the under such sections to such wages, which dures, and after paying such fees, as the Di- Department of Labor. wages shall be certified by the Commissioner rector of the Office of Personnel Manage- ‘‘(2)(A) For a covered individual who is en- of Social Security on the basis of records of ment may establish. titled to monthly benefits under section 202 ‘‘(B) The fact that a covered individual or 223 of the Social Security Act (42 U.S.C. wages established and maintained by the elects not to enroll, or elects not to continue 402 and 423), the monthly premiums of the Commissioner of Social Security in accord- enrollment, in a health benefits plan under covered individual under this subchapter ance with such reports; this chapter shall not affect the eligibility of shall (except as provided in subparagraph (B) ‘‘(B) the taxes imposed by section 1401(b) of the covered individual for benefits under or (C)) be collected by deducting the amount the Internal Revenue Code of 1986 with re- title II of the Social Security Act (42 U.S.C. of the premium from the amount of such spect to self-employment income reported to 401 et seq.). monthly benefits. the Secretary of the Treasury on tax returns ‘‘(c)(1)(A) A covered individual who elects ‘‘(B) For a covered individual who is enti- under subtitle F of such Code, as determined to enroll in a health benefits plan under this tled to receive for a month an annuity under by the Secretary of the Treasury by applying chapter based on the status of the covered the Railroad Retirement Act of 1974 (whether the applicable rate of tax under such section individual as a covered individual shall pay a or not the covered individual is also entitled to such self-employment income, which self- monthly individual premium payment deter- for such month to a monthly insurance ben- employment income shall be certified by the mined in accordance with subparagraph (B). efit under section 202 of the Social Security Commissioner of Social Security on the ‘‘(B) The individual premium payment Act (42 U.S.C. 402)), the monthly premiums basis of records of self-employment estab- under subparagraph (A) shall be determined of the covered individual under this sub- lished and maintained by the Commissioner based on income, as follows: chapter shall (except as provided in subpara- of Social Security in accordance with such ‘‘(i) For an individual with an adjusted graph (C)) be collected by deducting the returns; and gross income (as defined under section 62 of amount thereof from such annuity or pen- ‘‘(C) any amounts that, on or after January the Internal Revenue Code of 1986) of not sion. 1, 2014, are to be deposited in the Federal more than $85,000, the individual premium ‘‘(C) If a covered individual to whom sub- Hospital Insurance Trust Fund established payment shall be in an amount equal to the paragraph (A) or (B) applies estimates that under section 1817 of the Social Security Act employee contribution for the health bene- the amount which will be available for de- (42 U.S.C. 1395i) under any other provision of fits plan, as determined under section 8906. duction under such subparagraph for any law; and ‘‘(ii) For an individual with an adjusted premium payment period will be less than ‘‘(2) a Government contribution equal to gross income of more than $85,000 and not the amount of the monthly premiums for the difference obtained by subtracting— more than $107,000, the individual premium such period, the covered individual may pay ‘‘(A) the sum of— payment shall be in an amount equal to the to the Director of the Office of Personnel ‘‘(i) the total amount of premiums paid by sum of— Management such portion of the monthly covered individuals under subsection (c)(2) ‘‘(I) the employee contribution for the premiums for such period as the covered in- for the fiscal year; and health benefits plan, as determined under dividual desires. ‘‘(ii) the amount appropriated under para- section 8906; and ‘‘(D) For a covered individual who is not graph (1); from ‘‘(II) the product obtained by multiplying— described in subparagraph (A) or (B) and who ‘‘(B) the sum of— ‘‘(aa) the Government contribution (as de- elects to enroll in a health benefits plan ‘‘(i) the total cost for the fiscal year of sub- termined under section 8906(b)); by under this chapter, or with respect to whom scription charges for health benefits plans ‘‘(bb) 0.05. subparagraph (C) applies, the covered indi- for covered individuals enrolled in a health ‘‘(iii) For an individual with an adjusted vidual shall pay monthly premiums to the benefits plan based on the status of the cov- gross income of more than $107,000 and not Director of the Office of Personnel Manage- ered individuals as covered individuals; and more than $160,000, the individual premium ment at such times, and in such manner, as ‘‘(ii) the total amount of payments for the payment shall be in an amount equal to the the Director shall by regulations prescribe. fiscal year under subsection (d). sum of— ‘‘(E) Amounts deducted or paid under this ‘‘(f) The Director of the Office of Personnel ‘‘(I) the employee contribution for the paragraph shall be deposited in the Treasury Management shall establish, in consultation health benefits plan, as determined under to the credit of the Employees Health Bene- with the Secretary of Health and Human section 8906; and fits Fund established under section 8909. Services acting through the Administrator ‘‘(II) the product obtained by multiplying— ‘‘(F) After consultation with the Director of the Centers for Medicare & Medicaid Serv- ‘‘(aa) the Government contribution (as de- of the Office of Personnel Management, the ices, procedures to ensure that health bene- termined under section 8906(b)); by Secretary of Health and Human Services fits plans coordinate with State Medicaid

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.060 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2431 programs with respect to the provision of (B) by striking subparagraph (B); and during a fiscal year, which may not increase cost-sharing and other medical assistance for (C) by redesignating subparagraph (C) as the total compensation of an employee rel- covered individuals enrolled in health ben- subparagraph (B); and ative to the base salary of the employee by efit plans who are also eligible for medical (3) by striking section 8910(d). a percentage greater than the percentage of assistance and enrolled in a State Medicaid (d) EFFECTIVE DATE; APPLICABILITY.—The the surplus for the preceding fiscal year as program. amendments made by this section shall take determined under subsection (c)(2). ‘‘SUBCHAPTER III—HIGH RISK POOL effect on the date of enactment of this Act ‘‘(2) FISCAL YEARS WITH DEFICITS.—If there ‘‘§ 8941. Reimbursement of costs for high risk and apply on and after January 1, 2014. was a deficit in the preceding fiscal year as individuals determined under subsection (c)(1), the Post- ‘‘(a) In this section, the term ‘high risk in- SA 2025. Mr. PAUL submitted an al Service may not provide incentive or per- dividual’ means an individual— amendment intended to be proposed by formance award payments to employees dur- ‘‘(1) enrolled in a health benefits plan him to the bill S. 1789, to improve, sus- ing a fiscal year. under this chapter for a contract year; and tain, and transform the United States ‘‘(c) DETERMINATIONS BY THE OFFICE OF ‘‘(2) who, of all individuals enrolled in a Postal Service; which was ordered to MANAGEMENT AND BUDGET.—At the end each fiscal year the Director of the Office of Man- health benefits plan under this chapter for lie on the table; as follows: the contract year, is in the highest 5 percent agement and Budget shall— At the end of title II, add the following: in terms of benefits paid by a carrier under ‘‘(1) make a determination of whether a health benefits plan relating to the con- SEC. ll. ENDING THE MAILBOX USE MONOPOLY. there is a surplus or a deficit in the annual tract year. Section 1725 of title 18, United States Code, budget of the Postal Service submitted under ‘‘(b) After the end of each contract year be- is amended by striking ‘‘established, ap- section 2009 for that fiscal year; ginning on or after January 1, 2014, the Di- proved, or accepted’’ and all that follows ‘‘(2) make a determination of the surplus rector of the Office of Personnel Manage- through ‘‘mail route’’ and inserting ‘‘or post or deficit described under paragraph (1) ex- ment shall— office box owned by the Postal Service or lo- pressed as a percentage of the budget for ‘‘(1) identify the high risk individuals for cated on Postal Service property’’. that fiscal year; and the contract year; and ‘‘(3) submit notification to the Board of ‘‘(2) pay to a carrier contracting to provide SA 2026. Mr. PAUL submitted an Governors and Congress of the determina- a health benefits plan to a high risk indi- amendment intended to be proposed by tions made under paragraphs (1) and (2).’’. vidual for the contract year 90 percent of the him to the bill S. 1789, to improve, sus- (b) FIXING PAY BY BOARD OF GOVERNORS.— benefits paid by the carrier relating to the tain, and transform the United States Sections 202(c) of title 39, United States high risk individual. Code, is amended in the second sentence by Postal Service; which was ordered to striking ‘‘pay and’’. ‘‘(c)(1) For fiscal year 2014 and each fiscal lie on the table; as follows: year thereafter, there are appropriated to (c) TECHNICAL AND CONFORMING AMEND- the Director of the Office of Personnel Man- At the appropriate place, insert the fol- MENT.—The table of sections for chapter 10 of agement from the Federal Hospital Insur- lowing: title 39, United States Code, is amended by ance Trust Fund established under section SEC. lll. PERFORMANCE-BASED PAY FOR adding after the item relating to section 1011 1817 of the Social Security Act (42 U.S.C. POSTMASTER GENERAL; POSTAL the following: 1395i) such sums as are necessary to carry SERVICE BONUS AUTHORITY. ‘‘1012. Performance-based pay for Postmaster out this section. (a) IN GENERAL.—Chapter 10 of title 39, General; Postal Service bonus ‘‘(2) If the amounts appropriated under United States Code, is amended by adding at authority.’’. paragraph (1) are insufficient to carry out the end the following: (d) EFFECTIVE DATE.— this section, for fiscal year 2014 and each fis- ‘‘§ 1012. Performance-based pay for Post- (1) IN GENERAL.—Except as provided under cal year thereafter, there are appropriated to master General; Postal Service bonus au- paragraph (2), the amendments made by this the Director of the Office of Personnel Man- thority section shall take effect on the date of enact- agement, out of any funds in the Treasury ‘‘(a) PERFORMANCE-BASED PAY FOR POST- ment of this Act. not otherwise appropriated, such sums as are MASTER GENERAL.— (2) ADJUSTMENTS; BONUSES.— necessary to carry out this section.’’. ‘‘(1) DEFINITION.—In this subsection, the (A) ADJUSTMENTS.—Adjustments under sec- (b) EXEMPTION FROM INSURANCE REQUIRE- term ‘base rate’ means the annual rate of tion 1012(a) of title 39, United States Code, MENTS.— pay for the Postmaster General in effect on (as added by subsection (a) of this section) (1) AMENDMENT TO TITLE 5.—Chapter 89 of the date of enactment of the 21st Century shall apply to pay periods occurring on or title 5, United States Code, is amended by in- Postal Service Act of 2012. after October 1, 2012. serting after section 8901 the following: ‘‘(2) ANNUAL RATE OF PAY.—Except as pro- (B) BONUSES.—The limitation on the provi- ‘‘§ 8901A. Exemption from insurance require- vided under paragraph (3), the annual rate of sion of incentive or performance award pay- ments pay for the Postmaster General shall be the ments under Adjust section 1012(b) of title 39, ‘‘Title I of the Patient Protection and Af- base rate. United States Code, (as added by subsection fordable Care Act, subtitle A of title X of ‘‘(3) ADJUSTMENTS.— (a) of this section) shall apply to fiscal year such Act, and the amendments made by such ‘‘(A) IN GENERAL.—The annual rate of pay 2013 and each fiscal year thereafter. title I and subtitle A shall not apply to for the Postmaster General shall be adjusted health benefits plans.’’. only in accordance with this paragraph. An SA 2027. Mr. PAUL submitted an (2) CONFORMING AMENDMENT.—Section 2709 adjustment under this paragraph may be amendment intended to be proposed by of the Public Health Service Act (42 U.S.C. made notwithstanding section 1003(a). him to the bill S. 1789, to improve, sus- 300gg–8) (as added by section 10103 of the Pa- ‘‘(B) FISCAL YEARS WITH SURPLUSES.—If tain, and transform the United States tient Protection and Affordable Care Act) is there was a surplus in the preceding fiscal Postal Service; which was ordered to amended— year as determined under subsection (c)(1) lie on the table; as follows: (A) by striking subsection (g); and and the individual serving as the Postmaster (B) by redesignating subsection (h) as sub- General served in that position for all of the At the appropriate place, insert the fol- section (g). preceding fiscal year, the annual rate of pay lowing: (c) TECHNICAL AND CONFORMING AMEND- for the Postmaster General for pay periods SEC. ll. CAPITOL COMPLEX POST OFFICES. MENTS.—Chapter 89 of title 5, United States beginning on or after October 1 in any fiscal (a) HOUSE OF REPRESENTATIVES.— Code, is amended— year shall be equal to the base rate increased (1) IN GENERAL.—The Postal Service shall (1) in the table of sections— by the percentage of the surplus for the pre- not maintain or operate more than 1 post of- (A) by inserting after the item relating to ceding fiscal year as determined under sub- fice in the United States Capitol Complex, as section 8901 the following: section (c)(2). defined in section 310(a)(3)(B) of the Legisla- ‘‘8901A. Exemption from insurance require- ‘‘(4) FISCAL YEAR WITH DEFICITS.—If there tive Branch Appropriations Act, 1990 (2 ments. was a deficit in the preceding fiscal year as U.S.C. 130e(a)(3)(B)), which shall be located ‘‘SUBCHAPTER I—FEDERAL EMPLOYEES’’; determined under subsection (c)(1), the an- in a House Office Building. and nual rate of pay for the Postmaster General (2) CLOSING OF CAPITOL POST OFFICES.—The (B) by adding at the end the following: for pay periods beginning on or after October Postal Service shall close any post office in 1 in any fiscal year shall be equal to the base the United States Capitol Complex, as de- ‘‘SUBCHAPTER II—COVERED INDIVIDUALS rate decreased by the percentage of the def- fined in section 310(a)(3)(B) of the Legislative ‘‘8921. Health insurance for covered individ- icit for the preceding fiscal year as deter- Branch Appropriations Act, 1990 (2 U.S.C. uals. mined under subsection (c)(2). 130e(a)(3)(B)), not permitted under this sub- ‘‘SUBCHAPTER III—HIGH RISK POOL ‘‘(b) BONUS AUTHORITY.— section, without regard to the requirements ‘‘8941. Reimbursement of costs for high risk ‘‘(1) FISCAL YEARS WITH SURPLUSES.—If under section 404(d) of title 39, United States individuals.’’; there was a surplus in the preceding fiscal Code. (2) in section 8902a(d)(1)— year as determined under subsection (c)(1), (b) SENATE.— (A) in subparagraph (A), by adding ‘‘or’’ at the Postal Service may provide incentive or (1) IN GENERAL.—The Sergeant at Arms and the end; performance award payments to employees Doorkeeper of the Senate may not enter

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into, modify, or renew a contract with the (2) REVIEW BOARDS.— continued participation of the community is Postal Service to maintain or operate more (A) IN GENERAL.—Under the pilot program, not in the best interests of the public or the than 1 post office in a Senate Office Build- a postmaster within a community may, in Government of the United States. ing. accordance with regulations prescribed by (f) EVALUATIONS.— (2) EXISTING CONTRACTS.—Nothing in para- the Postal Service, establish a postal per- (1) IN GENERAL.—The Postal Service shall graph (1) may be construed to affect a con- formance review board. evaluate the operation of the pilot program tract entered into by the Sergeant at Arms (B) FUNCTIONS.—A review board shall— within each community that participates in and Doorkeeper of the Senate and the Postal (i) submit any application under paragraph the pilot program. Service before the date of enactment of this (1) on behalf of the community that the re- (2) CONTENTS.—An evaluation under this Act. view board represents; and subsection shall include an examination, as (ii) carry out the plan on the basis of which applicable, of— SA 2028. Mr. PAUL submitted an any application with respect to that commu- (A) the reliability of mail delivery (includ- amendment intended to be proposed by nity is approved. ing the rate of misdeliveries) in the commu- him to the bill S. 1789, to improve, sus- (C) MEMBERSHIP.—A review board shall nity; tain, and transform the United States consist of— (B) the timeliness of mail delivery (includ- Postal Service; which was ordered to (i) the postmaster for the community (or, ing the time of day that mail is delivered lie on the table; as follows: if there is more than 1, the postmaster des- and the time elapsing from the postmarking ignated in accordance with regulations under to delivery of mail) in the community; At the appropriate place, insert the fol- subsection (h)); lowing: (C) the volume of mail delivered in the (ii) at least 1 individual who shall rep- community; and SEC. ll. PILOT PROGRAM TO TEST ALTER- resent the interests of business concerns; and (D) any cost savings or additional costs to NATIVE METHODS FOR THE DELIV- (iii) at least 1 individual who shall rep- ERY OF POSTAL SERVICES. the Postal Service attributable to the use of resent the interests of users of the class of (a) DEFINITION.—In this section, the term alternative providers. ‘‘review board’’ means a postal performance mail for which the most expeditious han- (3) ANALYSIS OF DATA.—Data included in review board established under subsection dling and transportation is afforded by the any evaluation under this subsection shall be (c)(2). Postal Service. analyzed— (b) PILOT PROGRAM.— (iv) CHAIRPERSON.—The postmaster for the (A) by community characteristics, time of (1) IN GENERAL.—The United States Postal community (or postmaster so designated) year, and type of postal service; Service may conduct a pilot program to test shall serve as chairperson of the review (B) by residential, business, and any other the feasibility and desirability of alternative board. type of mail user; and methods for the delivery of postal services. (3) ALTERNATIVE PROVIDERS.—To be eligible (C) on any other basis as the Postal Serv- Subject to the provisions of this section, the to be selected as an alternative provider of ice may determine. pilot program shall not be limited by any postal services, a provider shall be a com- (4) SUBMISSION OF EVALUATIONS.—Not later lack of specific authority under title 39, mercial enterprise, nonprofit organization, than 90 days after the date on which the United States Code, to take any action con- labor organization, or other person that— pilot program terminates, the Postal Service templated under the pilot program. (A) possesses the personnel, equipment, shall submit each evaluation under this sub- (2) WAIVERS.— and other capabilities necessary to furnish section and an overall evaluation of the pilot (A) IN GENERAL.—The Postal Service may the postal services concerned; program to the President and Congress. waive any provision of law, rule, or regula- (B) satisfies any security and other re- (g) RULE OF CONSTRUCTION.—Nothing in tion inconsistent with any action con- quirements as may be necessary to safeguard this section shall be construed to affect the templated under the pilot program. the mail, users of the mail, and the general obligation of the Postal Service to continue (B) CONTENT.—A waiver granted by the public; providing universal service, in accordance Postal Service under subparagraph (A) may (C) submits a bid to the appropriate review with otherwise applicable provisions of law, include a waiver of requirements relating board in such time, form, and manner (to- in all aspects not otherwise provided for to— gether with such accompanying information) under this section. (i) days of mail delivery; as the review board may require; and (h) REGULATIONS.—The Postal Service may (ii) the use of cluster-boxes; (D) meets such other requirements as the prescribe any regulations necessary to carry (iii) alternative uses of mailboxes; and review board may require, consistent with out this section. (iv) potential customer charges for daily any applicable regulations under subsection (i) TERMINATION.— at-home delivery. (h). (1) TERMINATION BY THE POSTAL SERVICE.— (C) REGULATIONS AND CONSULTATION.—The (4) USE OF POSTAL FACILITIES AND EQUIP- The Postmaster General may terminate the Postal Service shall issue any waiver under MENT.—A postmaster may, at the discretion pilot program under this section before the subparagraph (A)— of the postmaster, allow alternative pro- date described in paragraph (2)(A), if— (i) in accordance with regulations under viders to use facilities and equipment of the (A) the Postmaster General determines subsection (h); and Postal Service. Any such use proposed by a that continuation of the pilot program is not (ii) with respect to a waiver involving a person in a bid submitted under paragraph in the best interests of the public or the Gov- provision of title 18, United States Code, in (3)(C) shall, for purposes of the competitive ernment of the United States; and consultation with the Attorney General. bidding process, be taken into account using (B) the Postal Regulatory Commission ap- (c) REQUIREMENTS.— the fair market value of such use. proves the termination. (1) IN GENERAL.— (5) APPLICATIONS FROM COMMUNITIES WITH (2) TERMINATION AFTER 5 YEARS.— (A) APPLICATION.—Under the pilot pro- POTENTIAL CLOSURES.—When reviewing and (A) IN GENERAL.—Except as provided under gram, alternative methods for the delivery of granting applications, the Postal Service subparagraph (B), the authority to conduct postal services may be tested only in a com- shall give priority to applications from com- the pilot program under this section shall munity that submits an appropriate applica- munities identified for potential post office terminate 5 years after the date of enact- tion (together with a written plan)— closures. ment of this Act. (i) in such time, form, and manner as the (d) LIMITATION ON APPLICATIONS.— (B) EXTENSIONS.— Postal Service by regulation requires; and (1) IN GENERAL.—Except as provided under (i) IN GENERAL.—The Postmaster General (ii) that is approved by the Postal Service. paragraph (2), no more than 250 applications may extend the authority to conduct the (B) CONTENTS.—Any application under this may be approved for participation in the pilot program under this section, if before paragraph shall include— pilot program under this section at any 1 the date that the authority to conduct the (i) a description of the postal services that time. pilot program would otherwise terminate, would be affected; (2) INCREASED LIMITATION.—If more than 250 the Postmaster General submits a notice of (ii) the alternative providers selected and applications for participation in the pilot extension to Congress that includes— the postal services each would furnish (or program are filed during the 90-day period (I) the term of the extension; and the manner in which those decisions would beginning on the date of enactment of this (II) the reasons that the extension is in the be made); Act, no more than 500 applications may be best interests of the public or the Govern- (iii) the anticipated costs and benefits to approved for participation in the pilot pro- ment of the United States. the Postal Service and users of the mail; gram under this section at any 1 time. (ii) MULTIPLE EXTENSIONS.—The Post- (iv) the anticipated duration of the partici- (e) TERMINATION OF COMMUNITY PARTICIPA- master General may provide for more than 1 pation of the community in the pilot pro- TION.—Subject to such conditions as the extension under this subparagraph. gram; Postal Service may by regulation prescribe (v) a specific description of any actions and the terms of any written agreement or SA 2029. Mr. PAUL submitted an contemplated for which there is a lack of contract entered into in conformance with amendment intended to be proposed by specific authority or for which a waiver such regulations, the participation of a com- under subsection (b)(2) would be necessary; munity in the pilot program may be termi- him to the bill S. 1789, to improve, sus- and nated by the Postal Service or by the review tain, and transform the United States (vi) any other information as the Postal board for that community if the Postal Serv- Postal Service; which was ordered to Service may require. ice or the review board determines that the lie on the table; as follows:

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In section 401(b), strike paragraphs (3) and (A) in subsection (a), by striking ‘‘If’’ and ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- (4) and insert the following: inserting ‘‘IN GENERAL.—Subject to sub- PLOYEES.—For a covered claim for partial (3) any cost savings that the Postal Service section (b), if’’; disability by an employee who is not an em- anticipates will be achieved through negotia- (B) by redesignating subsection (b) as sub- ployee described in subparagraph (A), the tions with employees of the Postal Service; section (c); and employee shall receive basic compensation (4) projected changes in mail volume; and (C) by inserting after subsection (a) the fol- for partial disability in accordance with sub- (5) the impact of— lowing: section (a) until the later of— (A) regulations the Postmaster General ‘‘(b) CONVERSION OF ENTITLEMENT AT RE- ‘‘(i) the date on which the employee at- was required by Congress to promulgate; and TIREMENT AGE.— tains retirement age; and (B) congressional action required to facili- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(ii) the date that is 3 years after the date tate the profitability of the Postal Service. paragraph (2), the basic compensation for of enactment of the Workers’ Compensation total disability for an employee who has at- Reform Act of 2012.’’.y tained retirement age shall be 50 percent of After section 313, insert the following: SA 2030. Mrs. MCCASKILL submitted the monthly pay of the employee. SEC. 314. TERRORISM INJURIES; ZONES OF an amendment intended to be proposed ARMED CONFLICT. ‘‘(2) EXCEPTIONS.— (a) COVERING TERRORISM INJURIES.—Sec- by her to the bill S. 1789, to improve, ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- tion 8102(b) of title 5, United States Code, is sustain, and transform the United MENT AGE, HAVE AN EXEMPT DISABILITY CONDI- amended in the matter preceding paragraph States Postal Service; which was or- TION, OR FACE FINANCIAL HARDSHIP.—Para- (1)— graph (1) shall not apply to a covered claim dered to lie on the table; as follows: (1) by inserting ‘‘or from an attack by a for total disability by an employee if the em- terrorist or terrorist organization, either Strike section 302 and insert the following: ployee— known or unknown,’’ after ‘‘force or indi- SEC. 302. FEDERAL WORKERS COMPENSATION ‘‘(i) on the date of enactment of the Work- vidual,’’; and REFORMS FOR RETIREMENT-AGE ers’ Compensation Reform Act of 2012, has EMPLOYEES. (2) by striking ‘‘outside’’ and all that fol- attained retirement age; lows through ‘‘1979)’’ and inserting ‘‘outside (a) CONVERSION OF ENTITLEMENT AT RETIRE- ‘‘(ii) is an individual who has an exempt of the United States’’. MENT AGE.— disability condition; or (b) CONTINUATION OF PAY IN A ZONE OF (1) DEFINITIONS.—Section 8101 is amended— ‘‘(iii) is a member of a household that ARMED CONFLICT.—Section 8118 of title 5, (A) in paragraph (18), by striking ‘‘and’’ at would meet the income and assets require- United States Code, as amended by section the end; ments for eligibility for the supplemental 308(b) of this Act, is amended— (B) in paragraph (19), by striking ‘‘and’’ at nutrition assistance program as described in (1) in subsection (b), by striking ‘‘Continu- the end; section 5 of the Food and Nutrition Act of ation’’ and inserting ‘‘Except as provided (C) in paragraph (20), by striking the period 2008 (7 U.S.C. 2014) (not including any provi- under subsection (d)(2), continuation’’; at the end and inserting a semicolon; and sions permitting eligibility due to benefits (2) in subsection (c), as redesignated by (D) by adding at the end the following: received under any other law) if the basic section 308(b)(4) of this Act, by striking ‘‘(21) ‘retirement age’ has the meaning compensation for total disability of the em- ‘‘subsection (a)’’ and inserting ‘‘subsection given that term under section 216(l)(1) of the ployee were provided in accordance with (a) or (d)’’; Social Security Act (42 U.S.C. 416(l)(1)); paragraph (1). (3) by redesignating subsection (d), as re- ‘‘(22) ‘covered claim for total disability’ ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- designated by section 308(b)(4) of this Act, as means a claim for a period of total disability PLOYEES.—For a covered claim for total dis- subsection (e); and that commenced before the date of enact- ability by an employee who is not an em- (4) inserting after subsection (c) the fol- ment of the Workers’ Compensation Reform ployee described in subparagraph (A), the lowing: Act of 2012; employee shall receive the basic compensa- ‘‘(d) CONTINUATION OF PAY IN A ZONE OF ‘‘(23) ‘covered claim for partial disability’ tion for total disability provided under sub- ARMED CONFLICT.— means a claim for a period of partial dis- section (a) until the later of— ‘‘(1) IN GENERAL.—Notwithstanding sub- ability that commenced before the date of ‘‘(i) the date on which the employee at- section (a), the United States shall authorize enactment of the Workers’ Compensation tains retirement age; and the continuation of pay of an employee de- Reform Act of 2012; and ‘‘(ii) the date that is 3 years after the date scribed in subparagraph (A), (C), (D), or (F) ‘‘(24) ‘individual who has an exempt dis- of enactment of the Workers’ Compensation of section 8101(1), who— ability condition’ means an individual— Reform Act of 2012.’’. ‘‘(A) files a claim for a period of wage loss ‘‘(A) who— (3) PARTIAL DISABILITY.—Section 8106 is due to an injury in performance of duty in a ‘‘(i) is eligible to receive continuous peri- amended— zone of armed conflict (as determined by the odic compensation for total disability under (A) in subsection (a), by striking ‘‘If’’ and Secretary of Labor under paragraph (3)); and section 8105 on the date of enactment of the inserting ‘‘IN GENERAL.—Subject to sub- ‘‘(B) files the claim for such wage loss ben- Workers’ Compensation Reform Act of 2012; section (b), if’’; efit with the immediate superior of the em- and (B) by redesignating subsections (b) and (c) ployee not later than 45 days after the later ‘‘(ii) meets the criteria under section as subsections (c) and (d), respectively; and of— 8105(c); (C) by inserting after subsection (a) the fol- ‘‘(i) the termination of the assignment of ‘‘(B) who, on the date of enactment of the lowing: the employee to the zone of armed conflict; Workers’ Compensation Reform Act of 2012— ‘‘(b) CONVERSION OF ENTITLEMENT AT RE- or ‘‘(i) is eligible to receive continuous peri- TIREMENT AGE.— ‘‘(ii) the return of the employee to the odic compensation for total disability under ‘‘(1) IN GENERAL.—Except as provided in United States. section 8105; and paragraph (2), the basic compensation for ‘‘(2) CONTINUATION OF PAY.—Notwith- ‘‘(ii) has sustained a currently irreversible partial disability for an employee who has standing subsection (b), continuation of pay severe mental or physical disability for attained retirement age shall be 50 percent under this subsection shall be furnished for a which the Secretary of Labor has authorized, of the difference between the monthly pay of period not to exceed 135 days without any for at least the 1-year period ending on the the employee and the monthly wage-earning break in time or waiting period, unless con- date of enactment of the Workers’ Com- capacity of the employee after the beginning troverted under regulations prescribed by pensation Reform Act of 2012, constant in- of the partial disability. the Secretary of Labor. home care or custodial care, such as place- ‘‘(2) EXCEPTIONS.— ‘‘(3) DETERMINATION OF ZONES OF ARMED ment in a nursing home; or ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- CONFLICT.—For purposes of this subsection, ‘‘(C) who is eligible to receive continuous MENT AGE OR FACE FINANCIAL HARDSHIP.— the Secretary of Labor, in consultation with periodic compensation for total disability Paragraph (1) shall not apply to a covered the Secretary of State and the Secretary of under section 8105— claim for partial disability by an employee if Defense, shall determine whether a foreign ‘‘(i) for not less than the 3-year period end- the employee— country or other foreign geographic area ing on the date of enactment of the Workers’ ‘‘(i) on the date of enactment of the Work- outside of the United States (as defined in Compensation Reform Act of 2012; or ers’ Compensation Reform Act of 2012, has section 202(a)(7) of the State Department ‘‘(ii) if the individual became eligible to re- attained retirement age; or Basic Authorities Act of 1956 (22 U.S.C. ceive continuous periodic compensation for ‘‘(ii) is a member of a household that would 4302(a)(7)) is a zone of armed conflict based total disability under section 8105 during the meet the income and assets requirements for on whether— period beginning on the date that is 3 years eligibility for the supplemental nutrition as- ‘‘(A) the Armed Forces of the United before the date of enactment of the Workers’ sistance program as described in section 5 of States are involved in hostilities in the Compensation Reform Act of 2012 and ending the Food and Nutrition Act of 2008 (7 U.S.C. country or area; on such date of enactment, for not less than 2014) (not including any provisions permit- ‘‘(B) the incidence of civil insurrection, the 3-year period beginning on the date on ting eligibility due to benefits received civil war, terrorism, or wartime conditions which the individual became eligible.’’. under any other law) if the basic compensa- threatens physical harm or imminent danger (2) TOTAL DISABILITY.—Section 8105 is tion for total disability of the employee were to the health or well-being of United States amended— provided in accordance with paragraph (1). civilian employees in the country or area;

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EXECUTIVE COMPENSATION. mittee on Banking, Housing, and ignated a combat zone by the President (a) LIMITATIONS ON COMPENSATION.—Sec- Urban Affairs be authorized to meet under section 112(c) of the Internal Revenue tion 1003 of title 39, United States Code, is during the session of the Senate on amended— Code of 1986; April 17, 2012, at 10 a.m., to conduct a ‘‘(D) a contingency operation involving (1) in subsection (a), by striking the last combat operations directly affects civilian sentence; and committee hearing entitled ‘‘Export- employees in the country or area; or (2) by adding at the end the following: Import Bank Reauthorization: Saving ‘‘(E) there exist other relevant conditions ‘‘(e) LIMITATIONS ON COMPENSATION.— American Jobs and Supporting Amer- and factors.’’. ‘‘(1) RATES OF BASIC PAY.— ican Exporters.’’ ‘‘(A) IN GENERAL.—Subject to subparagraph The PRESIDING OFFICER. Without (B), an officer or employee of the Postal SA 2031. Mrs. MCCASKILL (for her- objection, it is so ordered. self, Mr. MERKLEY, Mr. BAUCUS, Mr. Service may not be paid at a rate of basic pay that exceeds the rate of basic pay for SELECT COMMITTEE ON INTELLIGENCE BEGICH, Mr. TESTER, and Mr. SANDERS) level II of the Executive Schedule under sec- submitted an amendment intended to Mr. LIEBERMAN. Mr. President, I tion 5313 of title 5. ask unanimous consent that the Select be proposed by her to the bill S. 1789, to ‘‘(B) VERY SENIOR EXECUTIVES.—Not more improve, sustain, and transform the than 6 officers or employees of the Postal Committee on Intelligence be author- United States Postal Service; which Service that are in very senior executive po- ized to meet during the session of the was ordered to lie on the table; as fol- sitions, as determined by the Board of Gov- Senate on April 17, 2012, at 2:30 p.m. lows: ernors, may be paid at a rate of basic pay The PRESIDING OFFICER. Without At the appropriate place, insert the fol- that does not exceed the rate of basic pay for objection, it is so ordered. level I of the Executive Schedule under sec- lowing: AD HOC SUBCOMMITTEE ON CONTRACTING tion 5312 of title 5. SEC. ll. RURAL POST OFFICES. OVERSIGHT ‘‘(2) BENEFITS.—For any fiscal year, an of- (a) CONDITIONS FOR CLOSING RURAL POST ficer or employee of the Postal Service who Mr. LIEBERMAN. Mr. President, I OFFICES.—Section 404(d) of title 39, United States Code, as amended by section 205 of is in a critical senior executive or equivalent ask unanimous consent that the Ad this Act, is amended— position, as designated under section 3686(c), Hoc Subcommittee on Contracting (1) in paragraph (3)— may not receive fringe benefits (within the Oversight of the Committee on Home- meaning given that term under section (A) in the first sentence, by inserting ‘‘and, land Security and Governmental Af- 1005(f)) that are greater than the fringe bene- with respect to a rural post office, a sum- fits received by supervisory and other mana- fairs be authorized to meet during the mary of the determinations required under gerial personnel who are not subject to col- session of the Senate on April 17, 2012, paragraph (9)’’ after ‘‘paragraph (2) of this lective-bargaining agreements under chapter at 10:30 a.m. to conduct a hearing enti- subsection’’; and 12.’’. tled, ‘‘The Comprehensive Contingency (B) in the second sentence, by striking ‘‘de- (b) LIMITATION ON BONUS AUTHORITY.—Sec- termination and findings’’ and inserting ‘‘de- Contracting Reform Act of 2012 (S. tion 3686 of title 39, United States Code, is 2139).’’ termination, findings, and summary’’; and amended— (2) by adding at the end the following: (1) in subsection (a), by striking ‘‘The The PRESIDING OFFICER. Without ‘‘(9) The Postal Service may not make a Postal Service’’ and inserting ‘‘Subject to objection, it is so ordered. determination under subsection (a)(3) to subsection (f), the Postal Service’’; and SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR close a post office located in a rural area, as (2) by adding at the end the following: SAFETY defined by the Census Bureau, unless the ‘‘(f) LIMITATION ON BONUS AUTHORITY.— Mr. LIEBERMAN. Mr. President, I Postal Service determines that— ‘‘(1) DEFINITION.—In this subsection, the ‘‘(A) seniors served by the post office would term ‘covered year’ means the fiscal year ask unanimous consent that the Sub- continue to receive the same or substan- following a fiscal year relating to which the committee on Clean Air and Nuclear tially similar access to prescription medica- Office of Management and Budget deter- Safety of the Committee on Environ- tion sent through the mail as before the clos- mines the Postal Service has not imple- ment and Public Works be authorized ing; mented the measures needed to achieve long- to meet during the session of the Sen- ‘‘(B) businesses located in the community term solvency, as defined in section 208(e) of served by the post office would not suffer fi- ate on April 17, 2012 at 10 in Dirksen 406 the 21st Century Postal Service Act of 2012. to conduct a hearing entitled, ‘‘Review nancial loss as a result of the closing; ‘‘(2) LIMITATION.—The Postal Service may ‘‘(C) the economic loss to the community not provide a bonus or other reward under of Mercury Pollution’s Impacts to Pub- served by the post office as a result of the this section to an officer or employee of the lic Health and the Environment.’’ closing does not exceed the cost to the Post- Postal service in a critical senior executive The PRESIDING OFFICER. Without al Service of not closing the post office; or equivalent position, as designated under objection, it is so ordered. ‘‘(D) the area served by the post office has subsection (c), during a covered year.’’. SUBCOMMITTEE ON COMPETITIVENESS, adequate access to wired broadband Internet (c) EFFECTIVE DATE; APPLICABILITY.—The INNOVATION, AND EXPORT PROMOTION service, as identified on the National amendments made by subsections (a) and (b) Broadband Map of the National Tele- shall— Mr. LIEBERMAN. Mr. President, I communications and Information Adminis- (1) take effect on the date of enactment of ask unanimous consent that the Sub- tration; this Act; and committee on Competitiveness, Inno- ‘‘(E) seniors and persons with disabilities (2) apply to any contract entered or modi- vation, and Export Promotion of the who live near the post office would continue fied by the Postal Service on or after the Committee on Commerce, Science, and to receive the same or substantially similar date of enactment of this Act. Transportation be authorized to hold a access to postal services as before the clos- (d) SUNSET.—Effective 2 years after the ing; and date of enactment of this Act— meeting during the session of the Sen- ‘‘(F) the closing would not result in more (1) section 1003 of title 39, United States ate on April 17, 2012, at 10 a.m. in room than 10 miles distance (as measured on roads Code, is amended— 253 of the Russell Senate Office Build- with year-round access) between any 2 post (A) in subsection (a), by adding at the end ing. offices.’’. the following: ‘‘No officer or employee shall The Committee will hold a hearing (b) MORATORIUM.—Notwithstanding section be paid compensation at a rate in excess of entitled, ‘‘Promoting American Com- 205(b) of this Act, or any other provision of the rate for level I of the Executive Schedule law, during the 24-month period beginning on under section 5312 of title 5.’’; and petitiveness: Filling Jobs Today and the date of enactment of this Act, the Postal (B) by striking subsection (e); and Training Workers for Tomorrow.’’ Service may not close a post office located in (2) section 3686 of title 39, United States The PRESIDING OFFICER. Without a rural area, as defined by the Census Bu- Code, is amended— objection, it is so ordered. reau, except as required for the immediate (A) in subsection (a), by striking ‘‘Subject SUBCOMMITTEE ON EMERGING THREATS AND protection of health and safety. to subsection (f), the Postal Service’’ and in- CAPABILITIES serting ‘‘The Postal Service’’; and SA 2032. Mr. TESTER (for himself (B) by striking subsection (f). Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the Sub- and Mr. PRYOR) submitted an amend- f ment intended to be proposed by him committee on Emerging Threats and to the bill S. 1789, to improve, sustain, AUTHORITY FOR COMMITTEES TO Capabilities of the Committee on and transform the United States Postal MEET Armed Services be authorized to meet Service; which was ordered to lie on COMMITTEE ON BANKING, HOUSING, AND URBAN during the session of the Senate on the table; as follows: AFFAIRS April 17, 2012, at 2:30 p.m. At the appropriate place, insert the fol- Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. Without lowing: ask unanimous consent that the Com- objection, it is so ordered.

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SUBCOMMITTEE ON THE CONSTITUTION, CIVIL Sec. 212. Chief Innovation Officer; innova- postal funding surplus for the fiscal year RIGHTS, AND HUMAN RIGHTS tion strategy. shall be used by the United States Postal Mr. LIEBERMAN. Mr. President, I Sec. 213. Strategic Advisory Commission on Service for the cost of providing incentives ask unanimous consent that the Com- Postal Service Solvency and In- for voluntary separation, in accordance with mittee on the Judiciary, Sub- novation. section 102 of the 21st Century Postal Service Act of 2012 and sections 8332(p) and 8411(m) of committee on the Constitution, Civil TITLE III—FEDERAL EMPLOYEES’ COMPENSATION ACT this title, to employees of the United States Rights, and Human Rights, be author- Postal Service who voluntarily separate Sec. 301. Short title; references. ized to meet during the session of the from service before October 1, 2015. Sec. 302. Federal workers compensation re- Senate, on April 17, 2012, at 10 a.m., in ‘‘(D) Any postal funding surplus for a fiscal forms for retirement-age em- year not expended under subparagraph (C) room SD–226 of the Dirksen Senate Of- ployees. may be used by the United States Postal fice Building, to conduct a hearing en- Sec. 303. Augmented compensation for de- Service for the purposes of— titled ‘‘Ending Racial Profiling in pendents. ‘‘(i) repaying any obligation issued under Sec. 304. Schedule compensation payments. America.’’ section 2005 of title 39; or Sec. 305. Vocational rehabilitation. The PRESIDING OFFICER. Without ‘‘(ii) making required payments to— Sec. 306. Reporting requirements. objection, it is so ordered. ‘‘(I) the Employees’ Compensation Fund es- Sec. 307. Disability management review; tablished under section 8147; f independent medical examina- ‘‘(II) the Postal Service Retiree Health tions. 21ST CENTURY POSTAL SERVICE Benefits Fund established under section Sec. 308. Waiting period. ACT 8909a; Sec. 309. Election of benefits. ‘‘(III) the Employees Health Benefits Fund AMENDMENT NO. 2000, AS MODIFIED Sec. 310. Sanction for noncooperation with established under section 8909; or Mr. REID. Mr. President, due to a field nurses. ‘‘(IV) the Civil Service Retirement and clerical error, the printout of amend- Sec. 311. Subrogation of continuation of pay. Sec. 312. Integrity and compliance. Disability Fund.’’. ment No. 2000, which was filed at the SEC. 102. INCENTIVES FOR VOLUNTARY SEPARA- desk last evening, had missing pages. Sec. 313. Amount of compensation. Sec. 314. Technical and conforming amend- TION. (a) VOLUNTARY SEPARATION INCENTIVE PAY- I ask unanimous consent that the ments. amendment be modified with the addi- Sec. 315. Regulations. MENTS.—The Postal Service may provide vol- tional pages at the desk; further, that Sec. 316. Effective date. untary separation incentive payments to em- the cloture motion filed earlier today ployees of the Postal Service who volun- TITLE IV—OTHER MATTERS tarily separate from service before October 1, with respect to amendment No. 2000 be Sec. 401. Solvency plan. 2015 (including payments to employees who applicable to amendment No. 2000, as Sec. 402. Postal rates. retire under section 8336(d)(2) or 8414(b)(1)(B) modified. Sec. 403. Co-location with Federal agencies. of title 5, United States Code, before October The PRESIDING OFFICER. Without Sec. 404. Cooperation with State and local 1, 2015), which may not exceed the maximum objection, it is so ordered. governments; intra-Service amount provided under section 3523(b)(3)(B) The amendment (No. 2000), as modi- agreements. of title 5, United States Code, for any em- fied, is as follows: Sec. 405. Shipping of wine, beer, and dis- ployee. tilled spirits. (b) ADDITIONAL SERVICE CREDIT.— (Purpose: In the nature of a substitute) Sec. 406. Annual report on United States (1) CIVIL SERVICE RETIREMENT SYSTEM.— Strike all after the enacting clause and in- mailing industry. Section 8332 of title 5, United States Code, is sert the following: Sec. 407. Use of negotiated service agree- amended by adding at the end the following: SECTION 1. SHORT TITLE. ments. ‘‘(p)(1)(A) For an employee of the United This Act may be cited as the ‘‘21st Century Sec. 408. Contract disputes. States Postal Service who is covered under Postal Service Act of 2012’’. Sec. 409. Contracting provisions. this subchapter and voluntarily separates SEC. 2. TABLE OF CONTENTS. SEC. 3. DEFINITIONS. from service before October 1, 2015, the Of- The table of contents for this Act is as fol- In this Act, the following definitions shall fice, if so directed by the United States Post- lows: apply: al Service, shall add not more than 1 year to the total creditable service of the employee Sec. 1. Short title. (1) COMMISSION.—The term ‘‘Commission’’ means the Postal Regulatory Commission. for purposes of determining entitlement to Sec. 2. Table of contents. and computing the amount of an annuity Sec. 3. Definitions. (2) POSTAL SERVICE.—The term ‘‘Postal Service’’ means the United States Postal under this subchapter (except for a disability TITLE I—POSTAL WORKFORCE MATTERS Service. annuity under section 8337). ‘‘(B) An employee who receives additional Sec. 101. Treatment of postal funding sur- TITLE I—POSTAL WORKFORCE MATTERS plus for Federal Employees Re- creditable service under this paragraph may tirement System. SEC. 101. TREATMENT OF POSTAL FUNDING SUR- not receive a voluntary separation incentive Sec. 102. Incentives for voluntary separa- PLUS FOR FEDERAL EMPLOYEES RE- payment from the United States Postal TIREMENT SYSTEM. tion. Service. Section 8423(b) of title 5, United States Sec. 103. Restructuring of payments for re- ‘‘(2) The United States Postal Service shall Code, is amended— tiree health benefits. ensure that the average actuarial present (1) by redesignating paragraph (5) as para- Sec. 104. Postal Service Health Benefits Pro- value of the additional liability of the graph (6); and gram. United States Postal Service to the Fund re- (2) by inserting after paragraph (4) the fol- Sec. 105. Medicare coordination efforts for sulting from additional creditable service lowing: Postal Service employees and provided under paragraph (1) or section ‘‘(5)(A) In this paragraph, the term ‘postal retirees. 8411(m)(1) is not more than $25,000 per em- funding surplus’ means the amount by which Sec. 106. Arbitration; labor disputes. ployee provided additional creditable service the amount computed under paragraph (1)(B) under paragraph (1) or section 8411(m)(1). TITLE II—POSTAL SERVICES AND is less than zero. ‘‘(3)(A) Subject to subparagraph (B), and OPERATIONS ‘‘(B)(i) Beginning with fiscal year 2011, for notwithstanding any other provision of law, Sec. 201. Maintenance of delivery service each fiscal year in which the amount com- no deduction, deposit, or contribution shall standards. puted under paragraph (1)(B) is less than be required for service credited under this Sec. 202. Preserving mail processing capac- zero, upon request of the Postmaster Gen- subsection. ity. eral, the Director shall transfer to the ‘‘(B) The actuarial present value of the ad- Sec. 203. Establishment of retail service United States Postal Service from the Fund ditional liability of the United States Postal standards. an amount equal to the postal funding sur- Service to the Fund resulting from this sub- Sec. 204. Expanded retail access. plus for that fiscal year for use in accordance section shall be included in the amount cal- Sec. 205. Preserving community post offices. with this paragraph. culated under section 8348(h)(1)(A).’’. Sec. 206. Area and district office structure. ‘‘(ii) The Office shall calculate the amount (2) FEDERAL EMPLOYEES RETIREMENT SYS- Sec. 207. Conversion of door delivery points. under paragraph (1)(B) for a fiscal year by TEM.—Section 8411 of title 5, United States Sec. 208. Limitations on changes to mail de- not later than June 15 after the close of the Code, is amended by adding at the end the livery schedule. fiscal year, and shall transfer any postal following: Sec. 209. Time limits for consideration of funding surplus to the United States Postal ‘‘(m)(1)(A) For an employee of the United service changes. Service within 10 days after a request by the States Postal Service who is covered under Sec. 210. Public procedures for significant Postmaster General. this chapter and voluntarily separates from changes to mailing specifica- ‘‘(C) For each of fiscal years 2011, 2012, 2013, service before October 1, 2015, the Office, if so tions. and 2014 if the amount computed under para- directed by the United States Postal Service, Sec. 211. Nonpostal products and services. graph (1)(B) is less than zero, a portion of the shall add not more than 2 years to the total

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.065 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2436 CONGRESSIONAL RECORD — SENATE April 17, 2012 creditable service of the employee for pur- Service Act of 2012, or March 31, 2013, which- ice Health Benefits Program that satisfies poses of determining entitlement to and ever is later, the Office shall compute, and the conditions under subsection (c). The computing the amount of an annuity under by June 30 of each succeeding year, the Of- Postal Service and the bargaining represent- this chapter (except for a disability annuity fice shall recompute, a schedule including a atives shall negotiate in consultation with under subchapter V of that chapter). series of annual installments which provide the Director of the Office of Personnel Man- ‘‘(B) An employee who receives additional for the liquidation of the amount described agement. creditable service under this paragraph may under subparagraph (B) (regardless of wheth- (2) CONSULTATION WITH SUPERVISORY AND not receive a voluntary separation incentive er the amount is a liability or surplus) by MANAGERIAL PERSONNEL.—In the course of ne- payment from the United States Postal September 30, 2052, or within 15 years, which- gotiations under paragraph (1), the Postal Service. ever is later, including interest at the rate Service shall consult with each of the orga- ‘‘(2) The United States Postal Service shall used in the computations under this sub- nizations of supervisory and other manage- ensure that the average actuarial present section. rial personnel that are recognized under sec- value of the additional liability of the ‘‘(B) The amount described in this subpara- tion 1004 of title 39, United States Code, con- United States Postal Service to the Fund re- graph is the amount, as of the date on which cerning the views of the personnel rep- sulting from additional creditable service the applicable computation or recomputa- resented by each of those organizations. provided under paragraph (1) or section tion under subparagraph (A) is made, that is (3) ARBITRATION LIMITATION.—Notwith- 8332(p)(1) is not more than $25,000 per em- equal to the difference between— standing chapter 12 of title 39, United States ployee provided additional creditable service ‘‘(i) 80 percent of the Postal Service actu- Code, there shall not be arbitration of any under paragraph (1) or section 8332(p)(1). arial liability as of September 30 of the most dispute in the negotiations under this sub- ‘‘(3)(A) Subject to subparagraph (B), and recently ended fiscal year; and section. notwithstanding any other provision of law, ‘‘(ii) the value of the assets of the Postal (4) TIME LIMITATION.—The authority under no deduction, deposit, or contribution shall Retiree Health Benefits Fund as of Sep- this subsection shall extend until September be required for service credited under this tember 30 of the most recently ended fiscal 30, 2012. subsection. year.’’. (c) POSTAL SERVICE HEALTH BENEFITS PRO- ‘‘(B) The actuarial present value of the ad- (B) in paragraph (3)— GRAM.—The Postal Service Health Benefits ditional liability of the United States Postal (i) in subparagraph (A)— Program— Service to the Fund resulting from this sub- (I) in clause (iii), by adding ‘‘and’’ at the (1) shall— section shall be included in the amount cal- end; (A) be available for participation by all culated under section 8423(b)(1)(B).’’. (II) in clause (iv), by striking the semi- covered employees; (c) GOALS.— colon at the end and inserting a period; and (B) be available for participation by any (1) IN GENERAL.—The Postal Service shall (III) by striking clauses (v) through (x); officer or employee of the Postal Service offer incentives for voluntary separation and who is not a covered employee, at the option under this section and the amendments made (ii) in subparagraph (B), by striking ‘‘2017’’ solely of that officer or employee; by this section as a means of ensuring that and inserting ‘‘2013’’; (C) provide adequate and appropriate the size and cost of the workforce of the (C) by amending paragraph (4) to read as health benefits; Postal Service is appropriate to the work re- follows: (D) be administered in a manner deter- quired of the Postal Service, including con- ‘‘(4) Computations under this subsection mined in a joint agreement reached under sideration of— shall be based on— subsection (b); and (A) the closure and consolidation of postal ‘‘(A) economic and actuarial methods and (E) provide for transition of coverage under facilities; assumptions consistent with the methods the Federal Employee Health Benefits Pro- (B) the ability to operate existing postal and assumptions used in determining the gram of covered employees to coverage facilities more efficiently, including by re- Postal surplus or supplemental liability under the Postal Service Health Benefits ducing the size or scope of operations of under section 8348(h); and Program on January 1, 2013; postal facilities in lieu of closing postal fa- ‘‘(B) any other methods and assumptions, (2) may provide dental benefits; and cilities; and including a health care cost trend rate, that (3) may provide vision benefits. (C) the number of employees eligible, or the Director of the Office determines to be (d) AGREEMENT AND IMPLEMENTATION.—If a projected in the near-term to be eligible, for appropriate.’’; and joint agreement is reached under subsection retirement, including early retirement. (D) by adding at the end the following: (b)— (2) PERCENTAGE GOAL.—The Postal Service ‘‘(7) In this subsection, the term ‘Postal (1) the Postal Service shall implement the shall offer incentives for voluntary separa- Service actuarial liability’ means the dif- Postal Service Health Benefits Program; tion under this section to a sufficient num- ference between— (2) the Postal Service Health Benefits Pro- ber of employees as would reasonably be ex- ‘‘(A) the net present value of future pay- gram shall constitute an agreement between pected to lead to an 18 percent reduction in ments required under section 8906(g)(2)(A) for the collective bargaining representatives and the total number of career employees of the current and future United States Postal the Postal Service for purposes of section Postal Service by the end of fiscal year 2015. Service annuitants; and 1005(f) of title 39, United States Code; and (3) DEFINITION.—In this subsection, the ‘‘(B) the net present value as computed (3) covered employees may not participate term ‘‘career employee of the Postal Serv- under paragraph (1) attributable to the fu- as employees in the Federal Employees ice’’ means an employee of the Postal Serv- ture service of United States Postal Service Health Benefits Program. ice— employees.’’; and (e) GOVERNMENT PLAN.—The Postal Service (A) whose appointment is not for a limited (2) by adding at the end the following: Health Benefits Program shall be a govern- period; and ‘‘(e) Subsections (a) through (d) of this sec- ment plan as that term is defined under sec- (B) who is eligible for benefits, including tion shall be subject to section 104 of the 21st tion 3(32) of Employee Retirement Income retirement coverage under chapter 83 or 84 of Century Postal Service Act of 2012.’’. Security Act of 1974 (29 U.S.C. 1002(32)). title 5, United States Code. SEC. 104. POSTAL SERVICE HEALTH BENEFITS (f) REPORT.—Not later than June 30, 2013, (d) FUNDING.—The Postal Service shall PROGRAM. the Postal Service shall submit a report to carry out subsection (a) and sections 8332(p) (a) DEFINITIONS.—In this section— the Committee on Homeland Security and and 8411(m) of title 5, United States Code, as (1) the term ‘‘covered employee’’ means an Governmental Affairs of the Senate and the added by subsection (b) of this section, using employee of the Postal Service who is rep- Committee on Oversight and Government funds made available under section resented by a bargaining representative rec- Reform of the House of Representatives 8423(b)(5)(C) of title 5, United States Code, as ognized under section 1203 of title 39, United that— amended by section 101 of this Act. States Code; (1) reports on the implementation of this SEC. 103. RESTRUCTURING OF PAYMENTS FOR (2) the term ‘‘Federal Employee Health section; and RETIREE HEALTH BENEFITS. Benefits Program’’ means the health benefits (2) requests any additional statutory au- (a) CONTRIBUTIONS.—Section 8906(g)(2)(A) of program under chapter 89 of title 5, United thority that the Postal Service determines is title 5, United States Code, is amended by States Code; and necessary to carry out the purposes of this striking ‘‘through September 30, 2016, be paid (3) the term ‘‘Postal Service Health Bene- section. by the United States Postal Service, and fits Program’’ means the health benefits pro- SEC. 105. MEDICARE COORDINATION EFFORTS thereafter shall’’ and inserting ‘‘after the gram that may be agreed to under subsection FOR POSTAL SERVICE EMPLOYEES date of enactment of the 21st Century Postal (b)(1). AND RETIREES. Service Act of 2012’’. (b) COLLECTIVE BARGAINING.— (a) ADDITIONAL ENROLLMENT OPTIONS (b) POSTAL SERVICE RETIREE HEALTH BENE- (1) IN GENERAL.—Consistent with section UNDER FEDERAL EMPLOYEES HEALTH BENE- FITS FUND.—Section 8909a of title 5, United 1005(f) of title 39, United States Code, the FITS PLANS.—Chapter 89 of title 5, United States Code, is amended— Postal Service may negotiate jointly with States Code, is amended by inserting after (1) in subsection (d)— all bargaining representatives recognized section 8903b the following: (A) by striking paragraph (2) and inserting under section 1203 of title 39, United States ‘‘SEC. 8903c. COORDINATION WITH MEDICARE the following: Code, and enter into a joint collective bar- FOR POSTAL SERVICE EMPLOYEES ‘‘(2)(A) Not later than 180 days after the gaining agreement with those bargaining AND ANNUITANTS. date of enactment of the 21st Century Postal representatives to establish the Postal Serv- ‘‘(a) DEFINITIONS.—In this section—

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2437 ‘‘(1) the term ‘contract year’ means a cal- ‘‘(i) the premiums are reduced from the (2) reduce costs to the Federal Employees endar year in which health benefits plans are premiums otherwise established under this Health Benefit Program, beneficiaries, and administered under this chapter; chapter to directly reflect the full cost sav- the Postal Service by coordinating services ‘‘(2) the term ‘Medicare part A’ means the ings to the health benefits plans due to the with the Medicare program. Medicare program for hospital insurance complete coordination of benefits with Medi- SEC. 106. ARBITRATION; LABOR DISPUTES. benefits under part A of title XVIII of the care part A and Medicare part B for Postal Section 1207(c) of title 39, United States Social Security Act (42 U.S.C. 1395c et seq.); Service employees or annuitants, or family Code, is amended— ‘‘(3) the term ‘Medicare part B’ means the members of Postal Service employees or an- (1) in paragraph (2)— Medicare program for supplementary med- nuitants, who are enrolled in Medicare part (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; ical insurance benefits under part B of title A and Medicare part B; and (B) by striking the last sentence and in- XVIII of the Social Security Act (42 U.S.C. ‘‘(ii) the cost savings described under serting ‘‘The arbitration board shall render a 1395j et seq.); and clause (i) result solely in the reduction of— decision not later than 45 days after the date ‘‘(4) the term ‘Postal Service employee or ‘‘(I) the premiums paid by the Postal Serv- of its appointment.’’; and annuitant’ means an individual who is— ice employee or annuitant; and (C) by adding at the end the following: ‘‘(A) an employee of the Postal Service; or ‘‘(II) the Government contributions paid by ‘‘(B) In rendering a decision under this ‘‘(B) an annuitant covered under this chap- the Postal Service or other employer. paragraph, the arbitration board shall con- ter whose Government contribution is paid ‘‘(c) POSTAL SERVICE CONSULTATION.—The sider such relevant factors as the financial by the Postal Service under section Office shall establish the enrollment options condition of the Postal Service.’’; and 8906(g)(2). and premiums under this section in consulta- (2) by adding at the end the following: ‘‘(b) ENROLLMENT OPTIONS.— tion with the Postal Service.’’. ‘‘(4) Nothing in this section may be con- ‘‘(1) ESTABLISHMENT.— (b) TECHNICAL AND CONFORMING AMEND- strued to limit the relevant factors that the ‘‘(A) IN GENERAL.—For contract years be- MENTS.—The table of sections for chapter 89 arbitration board may take into consider- ginning on or after January 1, 2014, the Office of title 5, United States Code, is amended by ation in rendering a decision under para- shall establish enrollment options for health inserting after the item relating to section graph (2).’’. benefits plans that are open only to Postal 8903b the following: TITLE II—POSTAL SERVICES AND Service employees and annuitants, and fam- ‘‘8903c. Coordination with Medicare for Post- OPERATIONS ily members of a Postal Service employee or al Service employees and annu- SEC. 201. MAINTENANCE OF DELIVERY SERVICE annuitant, who are enrolled in Medicare part itants.’’. STANDARDS. A and Medicare part B. (c) EFFECTIVE DATE.—The amendments (a) DEFINITIONS.—For purposes of this sec- ‘‘(B) ADDITIONAL PLANS.—The enrollment made by subsection (a) shall apply with re- tion— options established under this subsection spect to contract years beginning on or after (1) the term ‘‘plant service area’’ means shall be in addition to any other health ben- January 1, 2014. the geographic area served by a single sec- efit plan or enrollment option otherwise (d) SPECIAL ENROLLMENT PERIOD FOR POST- tional center facility, or a corresponding available to Postal Service employees or an- AL SERVICE EMPLOYEES AND ANNUITANTS.— successor facility, as designated by the Post- nuitants under this chapter and shall not af- (1) SPECIAL ENROLLMENT PERIOD.—Section al Service; and fect the eligibility of a Postal Service em- 1837 of the Social Security Act (42 U.S.C. (2) the term ‘‘continental United States’’ ployee or annuitant for any another health 1395p) is amended by adding at the end the means the 48 contiguous States and the Dis- benefit plan or enrollment option under this following new subsection: trict of Columbia. chapter. ‘‘(m)(1) In the case of any individual who, (b) INTERIM MAINTENANCE OF STANDARDS.— ‘‘(2) ENROLLMENT ELIGIBILITY.—Any Postal as of the date of enactment of the 21st Cen- During the 3-year period beginning on the Service employee or annuitant, or family tury Postal Service Act of 2012, is a Postal date of enactment of this Act, the Postal member of a Postal Service employee or an- Service employee or annuitant (as defined in Service— nuitant, who is enrolled in Medicare part A section 8903c(a) of title 5, United States (1) shall maintain the service standards de- and Medicare part B may enroll in 1 of the Code) at the time the individual is entitled scribed in subsection (c); enrollment options established under para- to part A under section 226 or section 226A (2) may not establish a new or revised serv- graph (1). and who is eligible to enroll but who has ice standard for market-dominant products ‘‘(3) VALUE OF COVERAGE.—The Office shall elected not to enroll (or to be deemed en- under section 3691 of title 39, United States ensure that the aggregate actuarial value of rolled) during the individual’s initial enroll- Code, that is inconsistent with the require- coverage under the enrollment options estab- ment period, there shall be a special enroll- ments under subsection (c); and lished under this subsection, in combination ment period described in paragraph (2). (3) shall include in any new or revised over- with the value of coverage under Medicare ‘‘(2) The special enrollment period de- night service standard established for mar- part A and Medicare part B, shall be not less scribed in this paragraph, with respect to an ket-dominant products under section 3691 of than the actuarial value of the most closely individual, is the 1-year period beginning on title 39, United States Code, a policy on corresponding enrollment options for each July 1, 2013. changes to critical entry times at post of- plan available under section 8905, in com- ‘‘(3) In the case of an individual who en- fices and business mail entry units that en- bination with the value of coverage under rolls during the special enrollment period sures that any such changes maintain mean- Medicare part A and Medicare part B. provided under paragraph (1), the coverage ingful access to the services provided under ‘‘(4) ENROLLMENT OPTIONS.— period under this part shall begin on the first the service standard required to be main- ‘‘(A) IN GENERAL.—The enrollment options day of the month in which the individual en- tained under subsection (c). established under paragraph (1) shall in- rolls.’’. (c) SERVICE STANDARDS.— clude— (2) WAIVER OF INCREASE OF PREMIUM.—Sec- (1) OVERNIGHT STANDARD FOR FIRST-CLASS ‘‘(i) an individual option, for Postal Serv- tion 1839(b) of the Social Security Act (42 MAIL AND PERIODICALS.— ice employees or annuitants enrolled in U.S.C. 1395r(b)) is amended by striking ‘‘(i)(4) (A) IN GENERAL.—Except as provided in Medicare part A and Medicare part B; or (l)’’ and inserting ‘‘(i)(4), (l), or (m)’’. subparagraph (B), the Postal Service shall ‘‘(ii) a self and family option, for Postal (e) EDUCATIONAL PROGRAM.—The Post- maintain an overnight service standard that Service employees or annuitants and family master General, in consultation with the Di- provides overnight service for first-class members who are each enrolled in Medicare rector of the Office of Personnel Manage- mail and periodicals that— part A and Medicare part B; and ment and the Administrator of the Centers (i) originate and destinate in the same ‘‘(iii) a self and family option, for Postal for Medicare & Medicaid Services, shall de- plant service area; and Service employees or annuitants— velop an educational program to encourage (ii) enter the mails before the critical ‘‘(I) who are enrolled in Medicare part A the voluntary use of the Medicare program entry time established and published by the and Medicare part B; and for hospital insurance benefits under part A Postal Service. ‘‘(II) the family members of whom are not of title XVIII of the Social Security Act (42 (B) AREAS OUTSIDE THE CONTINENTAL UNITED enrolled in Medicare part A or Medicare part U.S.C. 1395c et seq.) (commonly known as STATES.—The requirements of subparagraph B. ‘‘Medicare Part A’’) and the Medicare pro- (A) shall not apply to areas outside the con- ‘‘(B) SPECIFIC SUB-OPTIONS.—The Office gram for supplementary medical insurance tinental United States— may establish more specific enrollment op- benefits under part B of title XVIII of the (i) in the case of mail that originates or tions within the types of options described Social Security Act (42 U.S.C. 1395j et seq.) destinates in a territory or possession of the under subparagraph (A). (commonly known as ‘‘Medicare Part B’’) for United States that is part of a plant service ‘‘(5) REDUCED PREMIUMS TO ACCOUNT FOR eligible Postal Service employees and annu- area having a sectional center facility that— MEDICARE COORDINATION.—In determining the itants that may benefit from enrollment, the (I) is not located in the territory or posses- premiums for the enrollment options under objective of which shall be to— sion; and paragraph (4), the Office shall— (1) educate employees and annuitants on (II) was not located in the territory or pos- ‘‘(A) establish a separate claims pool for how Medicare benefits interact with and can session on January 1, 2012; and individuals eligible for coverage under any of supplement the benefits of the employee or (ii) in the case of mail not described in those options; and annuitant under the Federal Employees clause (i), except to the extent that the re- ‘‘(B) ensure that— Health Benefit Program; and quirements are consistent with the service

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2438 CONGRESSIONAL RECORD — SENATE April 17, 2012 standards under part 121 of title 39, Code of ‘‘(II) an area mail processing study is in facility under subparagraph (A), the Postal Federal Regulations, as in effect on January progress; or Service shall make reasonable efforts to en- 1, 2012. ‘‘(III) a determination as to the necessity sure continued mail receipt from customers (2) TWO-DAY DELIVERY FOR FIRST-CLASS for the closing or consolidation of the postal of the closed or consolidated postal facility MAIL.—The Postal Service shall maintain a facility has not been made. at the same location or at another appro- service standard that provides that first- ‘‘(3) NOTICE, PUBLIC COMMENT, AND PUBLIC priate location in close geographic proximity class mail not delivered overnight will be de- HEARING.—If the Postal Service makes a de- to the closed or consolidated postal facility. livered within 2 delivery days, to the max- termination under subsection (a)(3) to close ‘‘(C) LIMITATIONS.—During the 3-year pe- imum extent feasible using the network of or consolidate a postal facility, the Postal riod beginning on the date of enactment of postal facilities maintained to meet the re- Service shall— the 21st Century Postal Service Act of 2012, quirements under paragraph (1). ‘‘(A) provide notice of the determination the Postal Service may not close or consoli- (3) MAXIMUM DELIVERY TIME FOR FIRST- to— date a postal facility if the closing or con- CLASS MAIL.— ‘‘(i) Congress; and solidation prevents the Postal Service from (A) IN GENERAL.—The Postal Service shall ‘‘(ii) the Postal Regulatory Commission; maintaining service standards as required maintain a service standard that provides ‘‘(B) provide adequate public notice of the under section 201 of the 21st Century Postal that first-class mail will be delivered— intention of the Postal Service to close or Service Act of 2012. (i) within a maximum of 3 delivery days, consolidate the postal facility; ‘‘(7) REVIEW BY POSTAL REGULATORY COM- for mail that originates and destinates with- ‘‘(C) ensure that interested persons have an MISSION.—In accordance with section 3662— in the continental United States; and opportunity to submit public comments dur- ‘‘(A) an interested person may lodge a com- (ii) within a maximum period of time con- ing a 45-day period after the notice of inten- plaint with the Postal Regulatory Commis- sistent with service standards under part 121 tion is provided under subparagraph (B); sion if the person believes that the closure or of title 39, Code of Federal Regulations, as in ‘‘(D) before the 45-day period described in consolidation of a postal facility is not in effect on January 1, 2012, for mail origi- subparagraph (C), provide for public notice of conformance with applicable service stand- nating or destinating outside the continental that opportunity by— ards, including the service standards estab- United States. ‘‘(i) publication on the Postal Service lished under section 201 of the 21st Century (B) REVISIONS.—Notwithstanding subpara- website; Postal Service Act of 2012; and graph (A)(ii), the Postal Service may revise ‘‘(ii) posting at the affected postal facility; ‘‘(B) if the Postal Regulatory Commission the service standards under part 121 of title and finds a complaint lodged by an interested 39, Code of Federal Regulations for mail de- ‘‘(iii) advertising the date and location of person to be justified, the Commission shall scribed in subparagraph (A)(ii) to take into the public community meeting under sub- order the Postal Service to take appropriate account transportation conditions (including paragraph (E); and action to achieve compliance with applicable the availability of transportation) or other ‘‘(E) during the 45-day period described in service standards, including the service circumstances outside the control of the subparagraph (C), conduct a public commu- standards established under section 201 of Postal Service. nity meeting that provides an opportunity the 21st Century Postal Service Act of 2012, for public comments to be submitted ver- or to remedy the effects of any noncompli- SEC. 202. PRESERVING MAIL PROCESSING CA- bally or in writing. PACITY. ance. ‘‘(4) FURTHER CONSIDERATIONS.—Not earlier ‘‘(8) POSTAL SERVICE WEBSITE.—For pur- Section 404 of title 39, United States Code, than 30 days after the end of the 45-day pe- poses of any notice required to be published is amended by adding after subsection (e) the riod for public comment under paragraph (3), on the Postal Service website under this sub- following: the Postal Service, in making a determina- section, the Postal Service shall ensure that ‘‘(f) CLOSING OR CONSOLIDATION OF CERTAIN tion to close or consolidate a postal facility, the Postal Service website— POSTAL FACILITIES.— shall consider— ‘‘(A) is updated routinely; and ‘‘(1) POSTAL FACILITY.—In this subsection, ‘‘(A) the views presented by interested per- ‘‘(B) provides any person, at the option of the term ‘postal facility’— sons under paragraph (3); the person, the opportunity to receive rel- ‘‘(A) means any Postal Service facility ‘‘(B) the effect of the closing or consolida- that is primarily involved in the prepara- tion on the affected community, including evant updates by electronic mail. tion, dispatch, or other physical processing any disproportionate impact the closing or ‘‘(9) PROTECTION OF CERTAIN INFORMATION.— of mail; and consolidation may have on a State, region, Nothing in this subsection may be construed ‘‘(B) does not include— or locality; to require the Postal Service to disclose— ‘‘(i) any post office, station, or branch; or ‘‘(C) the effect of the closing or consolida- ‘‘(A) any proprietary data, including any ‘‘(ii) any facility used only for administra- tion on the travel times and distances for af- reference or citation to proprietary data; or tive functions. fected customers to access services under the ‘‘(B) any information relating to the secu- ‘‘(2) AREA MAIL PROCESSING STUDY.— proposed closing or consolidation; rity of a postal facility.’’. ‘‘(A) NEW AREA MAIL PROCESSING STUDIES.— ‘‘(D) the effect of the closing or consolida- SEC. 203. ESTABLISHMENT OF RETAIL SERVICE After the date of enactment of this sub- tion on delivery times for all classes of mail; STANDARDS. section, before making a determination ‘‘(E) any characteristics of certain geo- (a) DEFINITION.—In this section, the term under subsection (a)(3) as to the necessity for graphical areas, such as remoteness, ‘‘retail postal service’’ means service that al- the closing or consolidation of any postal fa- broadband internet availability, and weath- lows a postal customer to— cility, the Postal Service shall— er-related obstacles to using alternative fa- (1) purchase postage; ‘‘(i) conduct an area mail processing study cilities, that may result in the closing or (2) enter packages into the mail; and relating to that postal facility that includes consolidation having a unique effect; and (3) procure other services offered by the a plan to reduce the capacity of the postal ‘‘(F) any other factor the Postal Service Postal Service. facility, but not close the postal facility; determines is necessary. ‘‘(ii) publish the study on the Postal Serv- ‘‘(5) JUSTIFICATION STATEMENT.—Before the (b) ESTABLISHMENT OF RETAIL SERVICE ice website; and date on which the Postal Service closes or STANDARDS.—Not later than 6 months after ‘‘(iii) publish a notice that the study is consolidates a postal facility, the Postal the date of enactment of this Act, the Postal complete and available to the public, includ- Service shall post on the Postal Service Service shall exercise its authority under ing on the Postal Service website. website a closing or consolidation justifica- section 3691 of title 39, United States Code, ‘‘(B) COMPLETED OR ONGOING AREA MAIL tion statement that includes— to establish service standards for market- PROCESSING STUDIES.— ‘‘(A) a response to all public comments re- dominant products in order to guarantee ‘‘(i) IN GENERAL.—In the case of a postal fa- ceived with respect to the considerations de- customers of the Postal Service regular and cility described in clause (ii), the Postal scribed under paragraph (4); effective access to retail postal services na- Service shall— ‘‘(B) a description of the considerations tionwide (including in territories and posses- ‘‘(I) consider a plan to reduce the capacity made by the Postal Service under paragraph sions of the United States) on a reasonable of the postal facility without closing the (4); and basis. postal facility; and ‘‘(C) the actions that will be taken by the (c) CONTENTS.—The service standards es- ‘‘(II) publish the results of the consider- Postal Service to mitigate any negative ef- tablished under subsection (b) shall— ation under subclause (I) with or as an fects identified under paragraph (4). (1) be consistent with— amendment to the area mail processing ‘‘(6) CLOSING OR CONSOLIDATION OF POSTAL (A) the obligations of the Postal Service study relating to the postal facility. FACILITIES.— under section 101(b) of title 39, United States ‘‘(ii) POSTAL FACILITIES.—A postal facility ‘‘(A) IN GENERAL.—Not earlier than the 15 Code; and described in this clause is a postal facility days after posting the final determination (B) the contents of the plan developed for which, on or before the date of enactment and the justification statement under para- under section 302 of the Postal Account- of this subsection— graph (5) with respect to a postal facility, ability and Enhancement Act of 2006 (39 ‘‘(I) an area mail processing study that the Postal Service may close or consolidate U.S.C. 3691 note), and any updated or revised does not include a plan to reduce the capac- the postal facility. plan developed under section 204 of this Act; ity of the postal facility without closing the ‘‘(B) ALTERNATIVE INTAKE OF MAIL.—If the and postal facility has been completed; Postal Service closes or consolidates a postal (2) take into account factors including—

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2439 (A) geography, including the establishment ‘‘(ii) instead of closing or consolidating the ‘‘(C) not in conformance with the retail of standards for the proximity of retail post- post office— service standards established under section al services to postal customers, including a ‘‘(I) to reduce the number of hours a day 203 of the 21st Century Postal Service Act of consideration of the reasonable maximum that the post office operates; or 2012; or time a postal customer should expect to ‘‘(II) to continue operating the post office ‘‘(D) unsupported by substantial evidence travel to access a postal retail location; for the same number of hours a day; on the record. (B) the importance of facilitating commu- ‘‘(iii) to procure a contract providing full, The Commission may affirm the determina- nications for communities with limited or no or less than full, retail services in the com- tion of the Postal Service or order that the access to Internet, broadband, or cellular munity served by the post office; or entire matter be returned for further consid- telephone services; ‘‘(iv) to provide postal services to the com- eration, but the Commission may not modify (C) population, including population den- munity served by the post office through a the determination of the Postal Service. The sity, demographic factors such as the age, rural carrier; Commission may suspend the effectiveness disability status, and degree of poverty of in- ‘‘(B) provide postal customers served by of the determination of the Postal Service dividuals in the area to be served by a loca- the post office an opportunity to participate until the final disposition of the appeal. The tion providing postal retail services, and in a nonbinding survey conducted by mail on provisions of section 556, section 557, and other factors that may impact the ability of a preference for an option described in sub- chapter 7 of title 5 shall not apply to any re- postal customers, including businesses, to paragraph (A); and view carried out by the Commission under travel to a postal retail location; ‘‘(C) if the Postal Service determines to this paragraph. (D) the feasibility of offering retail access close or consolidate the post office, provide ‘‘(6) For purposes of paragraph (5), any ap- to postal services in addition to post offices, adequate notice of its intention to close or peal received by the Commission shall— as described in section 302(d) of the Postal consolidate such post office at least 60 days ‘‘(A) if sent to the Commission through the Accountability and Enhancement Act of 2006 prior to the proposed date of such closing or mails, be considered to have been received on (39 U.S.C. 3691 note); consolidation to persons served by such post the date of the Postal Service postmark on (E) the requirement that the Postal Serv- office to ensure that such persons will have the envelope or other cover in which such ap- ice serve remote areas and communities with an opportunity to present their views. peal is mailed; or transportation challenges, including commu- ‘‘(2) The Postal Service, in making a deter- ‘‘(B) if otherwise lawfully delivered to the nities in which the effects of inclement mination whether or not to close or consoli- Commission, be considered to have been re- weather or other natural conditions might date a post office— ceived on the date determined based on any obstruct or otherwise impede access to retail ‘‘(A) shall consider— appropriate documentation or other indicia postal services; and ‘‘(i) the effect of such closing or consolida- (as determined under regulations of the Com- (F) the ability of postal customers to ac- tion on the community served by such post mission). cess retail postal services in areas that were office; ‘‘(7) Nothing in this subsection shall be served by a post office that was closed or ‘‘(ii) the effect of such closing or consolida- construed to limit the right under section consolidated during the 1 year period ending tion on employees of the Postal Service em- 3662— on the date of enactment of this Act. ployed at such office; ‘‘(A) of an interested person to lodge a SEC. 204. EXPANDED RETAIL ACCESS. ‘‘(iii) whether such closing or consolidation complaint with the Postal Regulatory Com- mission under section 3662 concerning non- (a) UPDATED PLAN.—Not later than 1 year is consistent with the policy of the Govern- after the date of enactment of this Act, the ment, as stated in section 101(b) of this title, conformance with service standards, includ- Postal Service shall, in consultation with that the Postal Service shall provide a max- ing the retail service standards established the Commission, develop and submit to Con- imum degree of effective and regular postal under section 203 of the 21st Century Postal gress a revised and updated version of the services to rural areas, communities, and Service Act of 2012; or plan to expand and market retail access to small towns where post offices are not self- ‘‘(B) of the Postal Regulatory Commission, postal services required under section 302(d) sustaining; if the Commission finds a complaint lodged of the Postal Accountability and Enhance- ‘‘(iv) the extent to which the community by an interested person to be justified, to ment Act of 2006 (39 U.S.C. 3691 note). served by the post office lacks access to order the Postal Service to take appropriate (b) CONTENTS.—The plan required under Internet, broadband and cellular phone serv- action to achieve compliance with applicable subsection (a) shall— ice; requirements, including the retail service (1) include a consideration of methods to ‘‘(v) the economic savings to the Postal standards established under section 203 of expand and market retail access to postal Service resulting from such closing or con- the 21st Century Postal Service Act of 2012, services described in paragraphs (1) through solidation; and or to remedy the effects of any noncompli- (8) of section 302(d) of the Postal Account- ‘‘(vi) such other factors as the Postal Serv- ance.’’. ability and Enhancement Act of 2006 (39 ice determines are necessary; and (b) PROHIBITION ON CLOSING POST OF- U.S.C. 3691 note); ‘‘(B) may not consider compliance with FICES.—Notwithstanding section 404(d) of (2) where possible, provide for an improve- any provision of the Occupational Safety and title 39, United States Code, as amended by ment in customer access to postal services; Health Act of 1970 (29 U.S.C. 651 et seq.). this section, during the period beginning on (3) consider the impact of any decisions by ‘‘(3) Any determination of the Postal Serv- the date of enactment of this Act and ending the Postal Service relating to the implemen- ice to close or consolidate a post office shall on the date on which the Postal Service es- tation of the plan on rural areas, commu- be in writing and shall include the findings tablishes the retail service standards under nities, and small towns; and of the Postal Service with respect to the con- section 203 of this Act, the Postal Service (4) ensure that— siderations required to be made under para- may not close a post office, except as re- (A) rural areas, communities, and small graph (2) of this subsection. Such determina- quired for the immediate protection of towns continue to receive regular and effec- tion and findings shall be made available to health and safety. tive access to retail postal services after im- persons served by such post office. (c) HISTORIC POST OFFICES.—Section 404(d) plementation of the plan; and ‘‘(4) The Postal Service shall take no ac- of title 39, United States Code, as amended (B) the Postal Service solicits community tion to close or consolidate a post office by this section, is amended by adding at the input in accordance with applicable provi- until 60 days after its written determination end the following: sions of Federal law. is made available to persons served by such ‘‘(8)(A) In this paragraph, the term ‘his- (c) FURTHER UPDATES.—The Postal Service, post office. toric post office building’ means a post office in consultation with the Commission, shall— ‘‘(5) A determination of the Postal Service building that is a certified historic struc- (1) update the plan required under sub- to close or consolidate any post office, sta- ture, as that term is defined in section section (a) as the Postal Service determines tion, or branch may be appealed by any per- 47(c)(3) of the Internal Revenue Code of 1986. is appropriate; and son served by such office, station, or branch ‘‘(B) In the case of a post office that has (2) submit each update under paragraph (1) to the Postal Regulatory Commission within been closed and that is located within a his- to Congress. 30 days after such determination is made toric post office building, the Postal Service SEC. 205. PRESERVING COMMUNITY POST OF- available to such person. The Commission shall provide Federal agencies and State and FICES. shall review such determination on the basis local government entities the opportunity to (a) CLOSING POST OFFICES.—Section 404(d) of the record before the Postal Service in the lease the historic post office building, if— of title 39, United States Code, is amended to making of such determination. The Commis- ‘‘(i) the Postal Service is unable to sell the read as follows: sion shall make a determination based upon building at an acceptable price within a rea- ‘‘(d)(1) The Postal Service, prior to making such review no later than 120 days after re- sonable period of time after the post office a determination under subsection (a)(3) of ceiving any appeal under this paragraph. The has been closed; and this section as to the necessity for the clos- Commission shall set aside any determina- ‘‘(ii) the Federal agency or State or local ing or consolidation of any post office, tion, findings, and conclusions found to be— government entity that leases the building shall— ‘‘(A) arbitrary, capricious, an abuse of dis- agrees to— ‘‘(A) consider whether— cretion, or otherwise not in accordance with ‘‘(I) restore the historic post office build- ‘‘(i) to close the post office or consolidate the law; ing at no cost to the Postal Service; the post office and another post office lo- ‘‘(B) without observance of procedure re- ‘‘(II) assume responsibility for the mainte- cated within a reasonable distance; quired by law; nance of the historic post office building; and

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2440 CONGRESSIONAL RECORD — SENATE April 17, 2012 ‘‘(III) make the historic post office build- ‘‘(2) sidewalk delivery points; or Postal Service may establish a general, na- ing available for public use.’’. ‘‘(3) centralized delivery points. tionwide 5-day-per-week delivery schedule to SEC. 206. AREA AND DISTRICT OFFICE STRUC- ‘‘(c) EXCEPTIONS.— street addresses under the authority of the TURE. ‘‘(1) CONTINUED DOOR DELIVERY.—The Post- Postal Service under section 3691 of title 39, (a) PLAN REQUIRED.—Not later than 1 year al Service may allow for the continuation of United States Code, only in accordance with after the date of enactment of this Act, the door delivery due to— the requirements and limitations under this Postal Service shall submit to the Com- ‘‘(A) a physical hardship of a customer; section. mittee on Homeland Security and Govern- ‘‘(B) weather, in a geographic area where (b) PRECONDITIONS.—If the Postal Service mental Affairs of the Senate and the Com- snow removal efforts could obstruct access intends to establish a change in delivery mittee on Oversight and Governmental Re- to mailboxes near a road; form of the House of Representatives— ‘‘(C) circumstances in an urban area that schedule under subsection (a)(2), the Postal (1) a comprehensive strategic plan to gov- preclude efficient use of curbline delivery Service shall— ern decisions relating to area and district of- points; (1) identify customers and communities for fice structure that considers efficiency, ‘‘(D) other exceptional circumstances, as whom the change may have a dispropor- costs, redundancies, mail volume, techno- determined in accordance with regulations tionate, negative impact, including the cus- logical advancements, operational consider- issued by the Postal Service; or tomers identified as ‘‘particularly affected’’ ations, and other issues that may be relevant ‘‘(E) other circumstances in which the in the Advisory Opinion on Elimination of to establishing an effective area and district Postal Service determines that alternatives Saturday Delivery issued by the Commission office structure; and to door delivery would not be practical or on March 24, 2011; (2) a 10-year plan, including a timetable, cost effective. (2) develop, to the maximum extent pos- that provides for consolidation of area and ‘‘(2) NEW DOOR DELIVERY POINTS.—The Post- sible, measures to ameliorate any dispropor- district offices within the continental United al Service may provide door delivery to a tionate, negative impact the change would States (as defined in section 201(a)) wherever new delivery point in a delivery area that re- have on customers and communities identi- the Postal Service determines a consolida- ceived door delivery on the day before the fied under paragraph (1), including, where ap- tion would— date of enactment of this section, if the de- propriate, providing or expanding access to (A) be cost effective; and livery point is established before the deliv- mailboxes for periodical mailers on days on (B) not substantially and adversely affect ery area is converted from door delivery which the Postal Service does not provide the operations of the Postal Service. under subsection (b). delivery; (b) CONSOLIDATION.—Beginning not later ‘‘(d) SOLICITATION OF COMMENTS.—The (3) implement measures to increase rev- than 1 year after the date of enactment of Postal Service shall establish procedures to enue and reduce costs, including the meas- this Act, the Postal Service shall, consistent solicit, consider, and respond to input from ures authorized under the amendments made with the plans required under and the cri- individuals affected by a conversion under by sections 101, 102, 103, 207, and 211 of this teria described in subsection (a)— this section. Act; (1) consolidate district offices that are lo- ‘‘(e) REVIEW.—Subchapter V of this chapter (4) evaluate whether any increase in rev- cated within 50 miles of each other; shall not apply with respect to any action enue or reduction in costs resulting from the (2) consolidate area and district offices taken by the Postal Service under this sec- measures implemented under paragraph (3) that have less than the mean mail volume tion. are sufficient to allow the Postal Service, and number of work hours for all area and ‘‘(f) REPORT.—Not later than 60 days after without implementing a change in delivery district offices; and the end of each fiscal year through fiscal schedule under subsection (a), to achieve (3) relocate area offices to headquarters. year 2015, the Postal Service shall submit to long-term solvency; and (c) UPDATES.—The Postal Service shall up- Congress and the Inspector General of the (5) not earlier than 15 months after the date the plans required under subsection (a) Postal Service a report on the implementa- date of enactment of this Act and not later not less frequently than once every 5 years. tion of this section during the preceding fis- than 9 months before the effective date pro- (d) STATE LIAISON.—If the Postal Service cal year that— posed by the Postal Service for the change, does not maintain a district office in a State, ‘‘(1) includes the number of door delivery submit a report on the steps the Postal Serv- the Postal Service shall designate at least 1 points— ice has taken to carry out this subsection employee of the district office responsible ‘‘(A) that existed at the end of the fiscal to— for Postal Service operations in the State to year preceding the preceding fiscal year; (A) the Committee on Homeland Security represent the needs of Postal Service cus- ‘‘(B) that existed at the end of the pre- and Governmental Affairs of the Senate and tomers in the State. ceding fiscal year; the Committee on Oversight and Govern- SEC. 207. CONVERSION OF DOOR DELIVERY ‘‘(C) that, during the preceding fiscal year, ment Reform of the House of Representa- POINTS. converted to— tives; (a) IN GENERAL.—Subchapter VII of chapter ‘‘(i) curbline delivery points or sidewalk (B) the Comptroller General of the United 36 of title 39, United States Code, is amended delivery points; States; and by adding at the end the following: ‘‘(ii) centralized delivery points; and (C) the Commission. ‘‘§ 3692. Conversion of door delivery points ‘‘(iii) any other type of delivery point; and (c) REVIEW.— ‘‘(D) for which door delivery was continued ‘‘(a) DEFINITIONS.—In this section, the fol- (1) GOVERNMENT ACCOUNTABILITY OFFICE.— lowing definitions shall apply: under subsection (c)(1); Not later than 3 months after the date on ‘‘(2) estimates any cost savings, revenue ‘‘(1) CENTRALIZED DELIVERY POINT.—The which the Postal Service submits a report term ‘centralized delivery point’ means a loss, or decline in the value of mail resulting under subsection (b)(5), the Comptroller Gen- group or cluster of mail receptacles at 1 de- from the conversions from door delivery that eral shall submit to the Commission and to livery point that is within reasonable prox- occurred during the preceding fiscal year; the Committee on Homeland Security and imity of the street address associated with ‘‘(3) describes the progress of the Postal Governmental Affairs of the Senate and the the delivery point. Service toward achieving the conversions au- Committee on Oversight and Government thorized under subsection (b); and ‘‘(2) CURBLINE DELIVERY POINT.—The term Reform of the House of Representatives a re- ‘curbline delivery point’ means a delivery ‘‘(4) provides such additional information port that contains findings relating to each point that is— as the Postal Service considers appro- of the following: ‘‘(A) adjacent to the street address associ- priate.’’. (A) Whether the Postal Service has ade- ated with the delivery point; and (b) CLERICAL AMENDMENT.—The table of quately complied with subsection (b)(3), tak- ‘‘(B) accessible by vehicle on a street that sections for subchapter VII of chapter 36 of ing into consideration the statutory author- is not a private driveway. title 39, United States Code, is amended by ity of and limitations on the Postal Service. adding at the end the following: ‘‘(3) DOOR DELIVERY POINT.—The term ‘door (B) The accuracy of any statement by the delivery point’ means a delivery point at a ‘‘3692. Conversion of door delivery points.’’. Postal Service that the measures imple- door of the structure at a street address. SEC. 208. LIMITATIONS ON CHANGES TO MAIL DE- mented under subsection (b)(3) have in- ‘‘(4) SIDEWALK DELIVERY POINT.—The term LIVERY SCHEDULE. creased revenues or reduced costs, and the ‘sidewalk delivery point’ means a delivery (a) LIMITATION ON CHANGE IN SCHEDULE.— accuracy of any projection by the Postal point on a sidewalk adjacent to the street Notwithstanding any other provision of Service relating to increased revenue or re- address associated with the delivery point. law— duced costs resulting from the measures im- ‘‘(b) CONVERSION.—Except as provided in (1) the Postal Service may not establish a plemented under subsection (b)(3). subsection (c), and in accordance with the general, nationwide delivery schedule of 5 or (C) The adequacy and methodological solvency plan required under section 401 of fewer days per week to street addresses soundness of any evaluation conducted by the 21st Century Postal Service Act of 2012 under the authority of the Postal Service the Postal Service under subsection (b)(4) and standards established by the Postal under title 39, United States Code, earlier that led the Postal Service to assert the ne- Service, the Postal Service is authorized to, than the date that is 24 months after the cessity of a change in delivery schedule to the maximum extent feasible, convert date of enactment of this Act; and under subsection (a)(2). door delivery points to— (2) on or after the date that is 24 months (D) Whether, based on an analysis of the ‘‘(1) curbline delivery points; after the date of enactment of this Act, the measures implemented by the Postal Service

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2441 to increase revenues and reduce costs, pro- (E) prohibit the Postal Service from exer- mine a date determined under paragraph jections of increased revenue and cost sav- cising its authority to make changes to proc- (2)(B)(ii) or (4)(B).’’. ings, and the details of the profitability plan essing or retail networks. SEC. 210. PUBLIC PROCEDURES FOR SIGNIFI- required under section 401, a change in deliv- (2) PROHIBITION ON CONSECUTIVE DAYS WITH- CANT CHANGES TO MAILING SPECI- ery schedule is necessary to allow the Postal OUT MAIL DELIVERY.—The Postal Service FICATIONS. Service to achieve long-term solvency. shall ensure that, under any change in sched- (a) NOTICE AND OPPORTUNITY FOR COMMENT (2) POSTAL REGULATORY COMMISSION.— ule under subsection (a)(2), at no time shall REQUIRED.—Effective on the date on which (A) REQUEST.—Not later than 6 months be- there be more than 2 consecutive days with- the Postal Service issues a final rule under fore the proposed effective date of a change out mail delivery to street addresses, includ- subsection (c), before making a change to in delivery schedule under subsection (a), the ing recognized Federal holidays. mailing specifications that could pose a sig- Postal Service shall submit to the Commis- (e) DEFINITION.—In this section, the term nificant burden to the customers of the Post- sion a request for an advisory opinion relat- ‘‘long-term solvency’’ means the ability of al Service and that is not reviewed by the ing to the change. the Postal Service to pay debts and meet ex- Commission, the Postal Service shall— (B) ADVISORY OPINION.— penses, including the ability to perform (1) publish a notice of the proposed change maintenance and repairs, make investments, (i) IN GENERAL.—The Commission shall— to the specification in the Federal Register; and maintain financial reserves, as necessary (I) issue an advisory opinion with respect (2) provide an opportunity for the submis- to fulfill the requirements and comply with to a request under subparagraph (A), in ac- sion of written comments concerning the the policies of title 39, United States Code, cordance with the time limits for the proposed change for a period of not less than and other obligations of the Postal Service issuance of advisory opinions under section 30 days; over the long term. 3661(b)(2) of title 39, United States Code, as (3) after considering any comments sub- amended by this Act; and SEC. 209. TIME LIMITS FOR CONSIDERATION OF SERVICE CHANGES. mitted under paragraph (2) and making any (II) submit the advisory opinion to the Section 3661 of title 39, United States Code, modifications to the proposed change that Committee on Homeland Security and Gov- is amended by striking subsections (b) and the Postal Service determines are necessary, ernmental Affairs of the Senate and the (c) and inserting the following: publish— Committee on Oversight and Government ‘‘(b) PROPOSED CHANGES FOR MARKET-DOMI- (A) the final change to the specification in Reform of the House of Representatives. NANT PRODUCTS.— the Federal Register; (ii) REQUIRED DETERMINATIONS.—An advi- ‘‘(1) SUBMISSION OF PROPOSAL.—If the Post- (B) responses to any comments submitted sory opinion under clause (i) shall deter- al Service determines that there should be a under paragraph (2); and mine— change in the nature of postal services relat- (C) an analysis of the financial impact that (I) whether the measures developed under ing to market-dominant products that will the proposed change would have on— subsection (b)(2) ameliorate any dispropor- generally affect service on a nationwide or (i) the Postal Service; and tionate, negative impact that a change in substantially nationwide basis, the Postal (ii) the customers of the Postal Service schedule may have on customers and com- Service shall submit a proposal to the Postal that would be affected by the proposed munities identified under subsection (b)(1); Regulatory Commission requesting an advi- change; and and sory opinion on the change. (4) establish an effective date for the (II) based on the report submitted by the ‘‘(2) ADVISORY OPINION.—Upon receipt of a change to mailing specifications that is not Comptroller General under paragraph (1)— proposal under paragraph (1), the Postal Reg- earlier than 30 days after the date on which (aa) whether the Postal Service has imple- ulatory Commission shall— the Postal Service publishes the final change mented measures to increase revenue and re- ‘‘(A) provide an opportunity for public under paragraph (3). duce costs as required under subsection comment on the proposal; and (b) EXCEPTION FOR GOOD CAUSE.—If the (b)(3); ‘‘(B) issue an advisory opinion not later Postal Service determines that there is an (bb) whether the implementation of the than— urgent and compelling need for a change to measures described in item (aa) has in- ‘‘(i) 90 days after the date on which the a mailing specification described in sub- creased revenues or reduced costs, or is pro- Postal Regulatory Commission receives the section (a) in order to avoid demonstrable jected to further increase revenues or reduce proposal; or harm to the operations of the Postal Service costs in the future; and ‘‘(ii) a date that the Postal Regulatory or to the public interest, the Postal Service (cc) whether a change in schedule under Commission and the Postal Service may, not may— subsection (a)(2) is necessary to allow the later than 1 week after the date on which the (1) change the mailing specifications by— Postal Service to achieve long-term sol- Postal Regulatory Commission receives the (A) issuing an interim final rule that— vency. proposal, determine jointly. (i) includes a finding by the Postal Service (3) PROHIBITION ON IMPLEMENTATION OF ‘‘(3) RESPONSE TO OPINION.—The Postal that there is good cause for the interim final CHANGE IN SCHEDULE.—The Postal Service Service shall submit to the President and to rule; may not implement a change in delivery Congress a response to an advisory opinion (ii) provides an opportunity for the submis- schedule under subsection (a)(2)— issued under paragraph (2) that includes— sion of written comments on the interim (A) before the date on which the Comp- ‘‘(A) a statement of whether the Postal final rule for a period of not less than 30 troller General submits the report required Service plans to modify the proposal to ad- days; and under paragraph (1); and dress any concerns or implement any rec- (iii) establishes an effective date for the in- (B) unless the Commission determines ommendations made by the Commission; and terim final rule that is not earlier than 30 under paragraph (2)(B)(ii)(II)(cc) that the ‘‘(B) for any concern that the Postal Serv- days after the date on which the interim Comptroller General has concluded that the ice determines not to address and any rec- final rule is issued; and change is necessary to allow the Postal Serv- ommendation that the Postal Service deter- (B) publishing in the Federal Register a re- ice to become profitable by fiscal year 2015 mines not to implement, the reasons for the sponse to any comments submitted under and to achieve long-term solvency, without determination. subparagraph (A)(ii); and regard to whether the Commission deter- ‘‘(4) ACTION ON PROPOSAL.—The Postal (2) waive the requirement under paragraph mines that the change is advisable. Service may take action regarding a pro- (1)(A)(iii) or subsection (a)(4). (d) ADDITIONAL LIMITATIONS.— posal submitted under paragraph (1)— (c) RULES RELATING TO NOTICE AND COM- (1) RULES OF CONSTRUCTION.—Nothing in ‘‘(A) on or after the date that is 30 days MENT.— this subsection shall be construed to— after the date on which the Postal Service (1) IN GENERAL.—Not later than 180 days (A) authorize the reduction, or require an submits the response required under para- after the date of enactment of this Act, the increase, in delivery frequency for any route graph (3); Postal Service shall issue rules governing for which the Postal Service provided deliv- ‘‘(B) on or after a date that the Postal Reg- the provision of notice and opportunity for ery on fewer than 6 days per week on the ulatory Commission and the Postal Service comment for changes in mailing specifica- date of enactment of this Act; may, not later than 1 week after the date on tions under subsection (a). (B) authorize any change in— which the Postal Regulatory Commission re- (2) RULES.—In issuing the rules required (i) the days and times that postal retail ceives a proposal under paragraph (2), deter- under paragraph (1), the Postal Service service or any mail acceptance is available mine jointly; or shall— at postal retail facilities or processing facili- ‘‘(C) after the date described in paragraph (A) publish a notice of proposed rule- ties; or (2)(B), if— making in the Federal Register that includes (ii) the locations at which postal retail ‘‘(i) the Postal Regulatory Commission proposed definitions of the terms ‘‘mailing service or mail acceptance occurs at postal fails to issue an advisory opinion on or be- specifications’’ and ‘‘significant burden’’; retail facilities or processing facilities; fore the date described in paragraph (2)(B); (B) provide an opportunity for the submis- (C) authorize any change in the frequency and sion of written comments concerning the of delivery to a post office box; ‘‘(ii) the action is not otherwise prohibited proposed change for a period of not less than (D) prohibit the collection or delivery of a under Federal law. 30 days; and competitive mail product on a weekend, a ‘‘(5) MODIFICATION OF TIMELINE.—At any (C) publish— recognized Federal holiday, or any other spe- time, the Postal Service and the Postal Reg- (i) the rule in final form in the Federal cific day of the week; or ulatory Commission may jointly redeter- Register; and

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2442 CONGRESSIONAL RECORD — SENATE April 17, 2012 (ii) responses to the comments submitted ‘‘(4) new and emerging technology, includ- (viii) the metrics that will be used to as- under subparagraph (B). ing communications technology; or sess the effectiveness of the innovation SEC. 211. NONPOSTAL PRODUCTS AND SERVICES. ‘‘(5) business process management. strategy. (a) IN GENERAL.—Section 404 of title 39, ‘‘(c) DUTIES.—The Chief Innovation Officer (2) ANNUAL REPORT.— United States Code, is amended— shall lead the development and implementa- (A) IN GENERAL.—Not later than 1 year (1) in subsection (a)— tion of— after the date of the submission of the initial (A) by redesignating paragraphs (6) ‘‘(1) innovative postal products and serv- report containing the innovation strategy through (8) as paragraphs (7) through (9), re- ices, particularly products and services that under paragraph (1), and annually thereafter spectively; and use new and emerging technology, including for 10 years, the Postmaster General, acting (B) by inserting after paragraph (5) the fol- communications technology, to improve the through the Chief Innovation Officer, shall lowing: net financial position of the Postal Service; submit a report on the implementation of ‘‘(6) after the date of enactment of the 21st and the innovation strategy to— Century Postal Service Act of 2012, and ex- ‘‘(2) nonpostal products and services au- (i) the Committee on Homeland Security cept as provided in subsection (e), to provide thorized under section 404(a)(6) that have the and Governmental Affairs of the Senate; and other services that are not postal services, potential to improve the net financial posi- (ii) the Committee on Oversight and Gov- after the Postal Regulatory Commission— tion of the Postal Service. ernment Reform of the House of Representa- ‘‘(d) DEADLINE.—The Postmaster General ‘‘(A) makes a determination that the pro- tives. shall appoint a Chief Innovation Officer not vision of such services— (B) MATTERS TO BE ADDRESSED.—At a min- later than 90 days after the date of enact- imum, an annual report submitted under ‘‘(i) uses the processing, transportation, ment of the 21st Century Postal Service Act subparagraph (A) shall include— delivery, retail network, or technology of of 2012. (i) an update of the initial report on inno- the Postal Service; ‘‘(e) CONDITION.— vation strategy submitted under paragraph ‘‘(ii) is consistent with the public interest ‘‘(1) IN GENERAL.—The Chief Innovation Of- and a demonstrated or potential public de- ficer may not hold any other office or posi- (1); mand for— tion in the Postal Service while serving as (ii) a description of the progress made by ‘‘(I) the Postal Service to provide the serv- Chief Innovation Officer. the Postal Service in implementing the prod- ices instead of another entity providing the ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ucts, services, and other innovations de- services; or this section shall be construed to prohibit an scribed in the initial report on innovation ‘‘(II) the Postal Service to provide the individual who holds another office or posi- strategy; services in addition to another entity pro- tion in the Postal Service at the time the in- (iii) an analysis of the performance of each viding the services; dividual is appointed Chief Innovation Offi- product, service, or other innovation de- ‘‘(iii) would not create unfair competition cer from serving as the Chief Innovation Of- scribed in the initial report on innovation with the private sector, taking into consider- ficer under this section.’’. strategy, including— ation the extent to which the Postal Service (2) TECHNICAL AND CONFORMING AMEND- (I) the revenue generated by each product will not, either by legal obligation or volun- MENT.—The table of sections for chapter 2 of or service developed in accordance with the tarily, comply with any State or local re- title 39, United States Code, is amended by innovation strategy under this section and quirements that are generally applicable to adding at the end the following: the cost of developing and offering each persons that provide the services; ‘‘209. Chief innovation officer.’’. product or service for the preceding year; ‘‘(iv) will be undertaken in accordance (b) INNOVATION STRATEGY.— (II) trends in each market in which a prod- with all Federal laws generally applicable to (1) INITIAL REPORT ON INNOVATION STRAT- uct or service is intended to satisfy a de- the provision of such services; and EGY.— mand; ‘‘(v) has the potential to improve the net (A) IN GENERAL.—Not later than 1 year (III) each product or service identified in financial position of the Postal Service, after the date of enactment of this Act, the the innovation strategy that is to be discon- based on a market analysis provided to the Postmaster General, acting through the tinued, the date on which each discontinu- Postal Regulatory Commission by the Postal Chief Innovation Officer, shall submit a re- ance will occur, and the reasons for each dis- Service; and port that contains a comprehensive strategy continuance; ‘‘(B) for services that the Postal Regu- (referred to in this subsection as the ‘‘inno- (IV) each alteration that the Postal Serv- latory Commission determines meet the cri- vation strategy’’) for improving the net fi- ice plans to make to a product or service teria under subparagraph (A), classifies each nancial position of the Postal Service identified in the innovation strategy to ad- such service as a market-dominant product, through innovation, including the offering of dress changing market conditions and an ex- competitive product, or experimental prod- new postal and nonpostal products and serv- planation of how each alteration will ensure uct, as required under chapter 36 of title 39, ices, to— the success of the product or service; United States Code;’’; and (i) the Committee on Homeland Security (V) the performance of innovations other (2) in subsection (e)(2), by striking ‘‘Noth- and Governmental Affairs of the Senate; and than new products and services that are de- ing’’ and all that follows through ‘‘except (ii) the Committee on Oversight and Gov- signed to improve the net financial position that the’’ and inserting ‘‘The’’. ernment Reform of the House of Representa- of the Postal Service; and (b) COMPLAINTS.—Section 3662(a) of title 39, tives. (VI) the performance of the innovation United States Code, is amended by inserting (B) MATTERS TO BE ADDRESSED.—At a min- strategy according to the metrics described ‘‘404(a)(6)(A),’’ after ‘‘403(c),’’. imum, the report on innovation strategy re- in paragraph (1)(B)(viii). (c) MARKET ANALYSIS.—During the 5-year quired under subparagraph (A) shall de- SEC. 213. STRATEGIC ADVISORY COMMISSION ON period beginning on the date of enactment of scribe— POSTAL SERVICE SOLVENCY AND IN- this Act, the Postal Service shall submit a (i) the specific innovative postal and non- NOVATION. copy of any market analysis provided to the postal products and services to be developed (a) ESTABLISHMENT.— Commission under section 404(a)(6)(A)(v) of and offered by the Postal Service, includ- (1) IN GENERAL.—There is established in the title 39, United States Code, as amended by ing— Postal Service a Strategic Advisory Commis- this section, to the Committee on Homeland (I) the nature of the market demand to be sion on Postal Service Solvency and Innova- Security and Governmental Affairs of the satisfied by each product or service; and tion (in this section referred to as the ‘‘Advi- Senate and the Committee on Oversight and (II) the estimated date by which each prod- sory Commission’’). Government Reform of the House of Rep- uct or service will be introduced; (2) INDEPENDENCE.—The Advisory Commis- resentatives. (ii) the cost of developing and offering each sion shall not be subject to the supervision SEC. 212. CHIEF INNOVATION OFFICER; INNOVA- product or service; of the Board of Governors of the Postal Serv- TION STRATEGY. (iii) the anticipated sales volume for each ice (in this section referred to as the ‘‘Board (a) CHIEF INNOVATION OFFICER.— product or service; of Governors’’), the Postmaster General, or (1) IN GENERAL.—Chapter 2 of title 39, (iv) the anticipated revenues and profits to any other officer or employee of the Postal United States Code, is amended by adding at be generated by each product or service; Service. the end the following: (v) the likelihood of success of each prod- (b) PURPOSE.—The purpose of the Advisory ‘‘§ 209. Chief innovation officer uct or service and the risks associated with Commission is— ‘‘(a) ESTABLISHMENT.—There shall be in the the development and sale of each product or (1) to provide strategic guidance to the Postal Service a Chief Innovation Officer ap- service; President, Congress, the Board of Governors, pointed by the Postmaster General. (vi) the trends anticipated in market con- and the Postmaster General on enhancing ‘‘(b) QUALIFICATIONS.—The Chief Innova- ditions that may affect the success of each the long-term solvency of the Postal Service; tion Officer shall have proven expertise and product or service during the 5-year period and a record of accomplishment in areas such beginning on the date of the submission of (2) to foster innovative thinking to address as— the report under subparagraph (A); the challenges facing the Postal Service. ‘‘(1) the postal and shipping industry; (vii) any innovations designed to improve (c) MEMBERSHIP.— ‘‘(2) innovative product research and devel- the net financial position of the Postal Serv- (1) COMPOSITION.—The Advisory Commis- opment; ice, other than the offering of new products sion shall be composed of 7 members, of ‘‘(3) brand marketing strategy; and services; and whom—

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2443 (A) 3 members shall be appointed by the Postal Service, the Board of Governors, the an evaluation of the appropriate balance be- President, who shall designate 1 member ap- Postal Regulatory Commission, and any tween— pointed under this subparagraph to serve as other Federal department or agency such in- (i) necessary reductions in costs and serv- Chairperson of the Advisory Commission; formation as the Advisory Commission con- ices; and and siders necessary to carry out this section. (ii) additional opportunities for growth and (B) 1 member shall be appointed by each Upon request of the Chairperson of the Advi- revenue; of— sory Commission, the head of the depart- (C) a strategy for addressing significant (i) the majority leader of the Senate; ment or agency shall furnish the information current and future liabilities; (ii) the minority leader of the Senate; described in the preceding sentence to the (D) identification of opportunities for fur- (iii) the Speaker of the House of Represent- Advisory Commission. ther reductions in costs; atives; and (e) PERSONNEL MATTERS.— (E) identification of opportunities for new (iv) the minority leader of the House of (1) ADVISORY COMMISSION MEMBERS.— and innovative products and services; Representatives. (A) COMPENSATION OF MEMBERS.—Each (F) a strategy for future growth; (2) QUALIFICATIONS.—Members of the Advi- member of the Advisory Commission shall be (G) a vision of how the Postal Service will sory Commission shall be prominent citizens compensated at a rate equal to the daily operate in a sustainable manner 20 years having— equivalent of the annual rate of basic pay after the date of enactment of this Act; and (A) significant depth of experience in such prescribed for level IV of the Executive (H) recommendations for any legislative fields as business and public administration; Schedule under section 5315 of title 5, United changes necessary to implement the stra- (B) a reputation for innovative thinking; States Code, for each day during which the tegic blueprint described in this paragraph. (C) familiarity with new and emerging member is engaged in the actual perform- (g) TERMINATION.—The Advisory Commis- technologies; and ance of the duties of the Advisory Commis- sion shall terminate 90 days after the date on (D) experience with revitalizing organiza- sion. which the Advisory Commission submits the tions that experienced significant financial (B) TRAVEL EXPENSES.—Members of the Ad- report under subsection (f). challenges or other challenges. visory Commission shall be allowed travel (h) AUTHORIZATION OF APPROPRIATIONS.— (3) INCOMPATIBLE OFFICES.—An individual expenses, including per diem in lieu of sub- There are authorized to be appropriated for who is appointed to the Advisory Commis- sistence, at rates authorized for employees fiscal years 2013 and 2014 such sums as may sion may not serve as an elected official or serving intermittently in the Government be necessary to carry out this section. an officer or employee of the Federal Gov- service under section 5703 of title 5, United TITLE III—FEDERAL EMPLOYEES’ ernment while serving as a member of the States Code, while away from their homes or COMPENSATION ACT Advisory Commission, except in the capacity regular places of business in the performance of that individual as a member of the Advi- of services for the Advisory Commission. SEC. 301. SHORT TITLE; REFERENCES. sory Commission. (2) STAFF.— (a) SHORT TITLE.—This title may be cited (4) DEADLINE FOR APPOINTMENT.—Each (A) APPOINTMENT AND COMPENSATION.—The as the ‘‘Workers’ Compensation Reform Act member of the Advisory Commission shall be Chairperson, in accordance with rules agreed of 2012’’. appointed not later than 45 days after the upon by the Advisory Commission, shall ap- (b) REFERENCES.—Except as otherwise ex- date of enactment of this Act. point and fix the compensation of an execu- pressly provided, whenever in this title an (5) MEETINGS; QUORUM; VACANCIES.— tive director and such other personnel as amendment or repeal is expressed in terms of (A) MEETINGS.—The Advisory Commission may be necessary to enable the Advisory an amendment to, or a repeal of, a section or shall meet at the call of the Chairperson or Commission to carry out the functions of the other provision, the reference shall be con- a majority of the members of the Advisory Advisory Commission, without regard to the sidered to be made to a section or other pro- Commission. provisions of title 5, United States Code, gov- vision of title 5, United States Code. (B) QUORUM.—4 members of the Advisory erning appointments in the competitive SEC. 302. FEDERAL WORKERS COMPENSATION Commission shall constitute a quorum. service, and without regard to the provisions REFORMS FOR RETIREMENT-AGE (C) VACANCIES.—Any vacancy in the Advi- of chapter 51 and subchapter III of chapter 53 EMPLOYEES. sory Commission shall not affect the powers of such title relating to classification of po- (a) CONVERSION OF ENTITLEMENT AT RETIRE- of the Advisory Commission, but shall be sitions and General Schedule pay rates, ex- MENT AGE.— filled as soon as practicable in the same cept that a rate of pay fixed under this sub- (1) DEFINITIONS.—Section 8101 is amended— manner in which the original appointment section may not exceed the rate payable for (A) in paragraph (18), by striking ‘‘and’’ at was made. level V of the Executive Schedule under sec- the end; (d) DUTIES AND POWERS.— tion 5316 of title 5, United States Code. (B) in paragraph (19), by striking ‘‘and’’ at (1) DUTIES.—The Advisory Commission (B) DETAILEES.—Any Federal employee, in- the end; shall— cluding an employee of the Postal Service, (C) in paragraph (20), by striking the period (A) study matters that the Advisory Com- may be detailed to the Advisory Commission at the end and inserting a semicolon; and mission determines are necessary and appro- without reimbursement, and such detail (D) by adding at the end the following: priate to develop a strategic blueprint for shall be without interruption or loss of the ‘‘(21) ‘retirement age’ has the meaning the long-term solvency of the Postal Service, civil service rights, status, or privilege of the given that term under section 216(l)(1) of the including— employee. Social Security Act (42 U.S.C. 416(l)(1)); (i) the financial, operational, and struc- (C) CONSULTANT SERVICES.—The Advisory ‘‘(22) ‘covered claim for total disability’ tural condition of the Postal Service; Commission may procure the services of ex- means a claim for a period of total disability (ii) alternative strategies and business perts and consultants in accordance with that commenced before the date of enact- models that the Postal Service could adopt; section 3109 of title 5, United States Code, at ment of the Workers’ Compensation Reform (iii) opportunities for additional postal and rates for individuals that do not exceed the Act of 2012; nonpostal products and services that the daily equivalent of the annual rate of basic ‘‘(23) ‘covered claim for partial disability’ Postal Service could offer; pay prescribed for level IV of the Executive means a claim for a period of partial dis- (iv) innovative services that postal serv- Schedule under section 5315 of such title. ability that commenced before the date of ices in foreign countries have offered, includ- (f) STRATEGIC BLUEPRINT FOR LONG-TERM enactment of the Workers’ Compensation ing services that respond to the increasing SOLVENCY.— Reform Act of 2012; and use of electronic means of communication; (1) IN GENERAL.—Not later than 18 months ‘‘(24) ‘individual who has an exempt dis- and after the date of enactment of this Act, the ability condition’ means an individual— (v) the governance structure, management Advisory Commission shall submit a report ‘‘(A) who— structure, and management of the Postal that contains a strategic blueprint to— ‘‘(i) is eligible to receive continuous peri- Service, including— (A) the President; odic compensation for total disability under (I) the appropriate method of appointment, (B) the Committee on Homeland Security section 8105 on the date of enactment of the qualifications, duties, and compensation for and Governmental Affairs of the Senate; Workers’ Compensation Reform Act of 2012; senior officials of the Postal Service, includ- (C) the Committee on Oversight and Gov- and ing the Postmaster General; and ernment Reform of the House of Representa- ‘‘(ii) meets the criteria under section (II) the number and functions of senior of- tives; 8105(c); ficials of the Postal Service and the number (D) the Board of Governors; and ‘‘(B) who, on the date of enactment of the of levels of management of the Postal Serv- (E) the Postmaster General. Workers’ Compensation Reform Act of 2012— ice; and (2) CONTENTS.—The report submitted under ‘‘(i) is eligible to receive continuous peri- (B) submit the report required under sub- paragraph (1) shall contain a strategic blue- odic compensation for total disability under section (f). print for the long-term solvency of the Post- section 8105; and (2) HEARINGS.—The Advisory Commission al Service that includes— ‘‘(ii) has sustained a currently irreversible may hold such hearings, take such testi- (A) an assessment of the business model of severe mental or physical disability for mony, and receive such evidence as is nec- the Postal Service as of the date on which which the Secretary of Labor has authorized, essary to carry out this section. the report is submitted; for at least the 1-year period ending on the (3) ACCESS TO INFORMATION.—The Advisory (B) an assessment of potential future busi- date of enactment of the Workers’ Com- Commission may secure directly from the ness models for the Postal Service, including pensation Reform Act of 2012, constant in-

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2444 CONGRESSIONAL RECORD — SENATE April 17, 2012 home care or custodial care, such as place- for partial disability in accordance with sub- (4) in subsection (c), as redesignated by ment in a nursing home; or section (a) until the later of— paragraph (2), by striking ‘‘subsection (a)’’ ‘‘(C) who is eligible to receive continuous ‘‘(i) the date on which the employee at- and inserting ‘‘subsections (a) and (b)’’. periodic compensation for total disability tains retirement age; and (c) DEATH BENEFITS GENERALLY.—Section under section 8105— ‘‘(ii) the date that is 3 years after the date 8133 is amended— ‘‘(i) for not less than the 3-year period end- of enactment of the Workers’ Compensation (1) in subsections (a) and (e), by striking ing on the date of enactment of the Workers’ Reform Act of 2012.’’. ‘‘75 percent’’ each place it appears and in- Compensation Reform Act of 2012; or SEC. 303. AUGMENTED COMPENSATION FOR DE- serting ‘‘662⁄3 percent (except as provided in ‘‘(ii) if the individual became eligible to re- PENDENTS. subsection (g))’’; and ceive continuous periodic compensation for (a) IN GENERAL.—Section 8110 is amended— (2) by adding at the end the following: total disability under section 8105 during the (1) by redesignating subsection (b) as sub- ‘‘(g) If the death occurred before the date period beginning on the date that is 3 years section (c); and of enactment of the Workers’ Compensation before the date of enactment of the Workers’ (2) by inserting after subsection (a) the fol- Reform Act of 2012, subsections (a) and (e) Compensation Reform Act of 2012 and ending lowing: shall be applied by substituting ‘75 percent’ 2 on such date of enactment, for not less than ‘‘(b) TERMINATION OF AUGMENTED COM- for ‘66 ⁄3 percent’ each place it appears.’’. the 3-year period beginning on the date on PENSATION.— (d) DEATH BENEFITS FOR CIVIL AIR PATROL which the individual became eligible.’’. ‘‘(1) IN GENERAL.—Subject to paragraph (2), VOLUNTEERS.—Section 8141 is amended— (2) TOTAL DISABILITY.—Section 8105 is augmented compensation for dependants (1) in subsection (b)(2)(B) by striking ‘‘75 amended— under subsection (c) shall not be provided. percent’’ and inserting ‘‘662⁄3 percent (except (A) in subsection (a), by striking ‘‘If’’ and ‘‘(2) EXCEPTIONS.— as provided in subsection (c))’’; inserting ‘‘IN GENERAL.—Subject to sub- ‘‘(A) TOTAL DISABILITY.—For a covered (2) by redesignating subsection (c) as sub- section (b), if’’; claim for total disability by an employee— section (d); and (B) by redesignating subsection (b) as sub- ‘‘(i) the employee shall receive augmented (3) by inserting after subsection (b) the fol- section (c); and compensation under subsection (c) if the em- lowing: (C) by inserting after subsection (a) the fol- ployee is an individual who has an exempt ‘‘(c) If the death occurred before the date lowing: disability condition; and of enactment of the Workers’ Compensation ‘‘(b) CONVERSION OF ENTITLEMENT AT RE- ‘‘(ii) the employee shall receive augmented Reform Act of 2012, subsection (b)(2)(B) shall TIREMENT AGE.— compensation under subsection (c) until the be applied by substituting ‘75 percent’ for ‘‘(1) IN GENERAL.—Except as provided in date that is 3 years after the date of enact- ‘662⁄3 percent’.’’. paragraph (2), the basic compensation for ment of the Workers’ Compensation Reform SEC. 304. SCHEDULE COMPENSATION PAYMENTS. total disability for an employee who has at- Act of 2012 if the employee is not an em- Section 8107 is amended— tained retirement age shall be 50 percent of ployee described in clause (i). (1) in subsection (a), by striking ‘‘at the the monthly pay of the employee. ‘‘(B) PARTIAL DISABILITY.—For a covered rate of 662⁄3 percent of his monthly pay’’ and ‘‘(2) EXCEPTIONS.— claim for partial disability by an employee, inserting ‘‘at the rate specified under sub- ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- the employee shall receive augmented com- section (d)’’; and MENT AGE OR HAVE AN EXEMPT DISABILITY CON- pensation under subsection (c) until the date (2) by adding at the end the following: DITION.—Paragraph (1) shall not apply to a that is 3 years after the date of enactment of ‘‘(d) RATE FOR COMPENSATION.— covered claim for total disability by an em- the Workers’ Compensation Reform Act of ‘‘(1) ANNUAL SALARY.— ployee if the employee— 2012. ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) on the date of enactment of the Work- ‘‘(C) PERMANENT DISABILITY COMPENSATED paragraph (2), the rate under subsection (a) ers’ Compensation Reform Act of 2012, has BY A SCHEDULE.—For a claim for a permanent shall be the rate of 662⁄3 percent of the annual attained retirement age; or disability described in section 8107(a) by an salary level established under subparagraph ‘‘(ii) is an individual who has an exempt employee that commenced before the date of (B), in a lump sum equal to the present value disability condition. enactment of the Workers’ Compensation (as calculated under subparagraph (C)) of the ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- Reform Act of 2012, the employee shall re- amount of compensation payable under the PLOYEES.—For a covered claim for total dis- ceive augmented compensation under sub- schedule. ability by an employee who is not an em- section (c).’’. ‘‘(B) ESTABLISHMENT.— ployee described in subparagraph (A), the (b) MAXIMUM AND MINIMUM MONTHLY PAY- ‘‘(i) IN GENERAL.—The Secretary of Labor employee shall receive the basic compensa- MENTS.—Section 8112 is amended— shall establish an annual salary for purposes tion for total disability provided under sub- (1) in subsection (a)— of subparagraph (A) in the amount the Sec- section (a) until the later of— (A) by inserting ‘‘subsections (b) and (c) retary determines will result in the aggre- ‘‘(i) the date on which the employee at- and’’ before ‘‘section 8138’’; gate cost of payments made under this sec- tains retirement age; and (B) by striking ‘‘including augmented com- tion being equal to what would have been the ‘‘(ii) the date that is 3 years after the date pensation under section 8110 of this title aggregate cost of payments under this sec- of enactment of the Workers’ Compensation but’’; and tion if the amendments made by section Reform Act of 2012.’’. (C) by striking ‘‘75 percent’’ each place it 304(a) of the Workers’ Compensation Reform (3) PARTIAL DISABILITY.—Section 8106 is appears and inserting ‘‘662⁄3 percent’’; Act of 2012 had not been enacted. amended— (2) by redesignating subsection (b) as sub- ‘‘(ii) COST OF LIVING ADJUSTMENT.—The an- (A) in subsection (a), by striking ‘‘If’’ and section (c); nual salary established under clause (i) shall inserting ‘‘IN GENERAL.—Subject to sub- (3) by inserting after subsection (a) the fol- be increased on March 1 of each year by the section (b), if’’; lowing: amount determined by the Secretary of (B) by redesignating subsections (b) and (c) ‘‘(b) EXCEPTIONS.— Labor to represent the percent change in the as subsections (c) and (d), respectively; and ‘‘(1) COVERED DISABILITY CONDITION.—For a price index published for December of the (C) by inserting after subsection (a) the fol- covered claim for total disability by an em- preceding year over the price index published lowing: ployee, if the employee is an individual who for the December of the year prior to the ‘‘(b) CONVERSION OF ENTITLEMENT AT RE- has an exempt disability condition— preceding year, adjusted to the nearest one- TIREMENT AGE.— ‘‘(A) the monthly rate of compensation for tenth of 1 percent. ‘‘(1) IN GENERAL.—Except as provided in disability that is subject to the maximum ‘‘(C) PRESENT VALUE.—The Secretary of paragraph (2), the basic compensation for and minimum monthly amounts under sub- Labor shall calculate the present value for partial disability for an employee who has section (a) shall include any augmented com- purposes of subparagraph (A) using a rate of attained retirement age shall be 50 percent pensation under section 8110; and interest equal to the average market yield of the difference between the monthly pay of ‘‘(B) subsection (a) shall be applied by sub- for outstanding marketable obligations of the employee and the monthly wage-earning stituting ‘75 percent’ for ‘662⁄3 percent’ each the United States with a maturity of 2 years capacity of the employee after the beginning place it appears. on the first business day of the month in of the partial disability. ‘‘(2) PARTIAL DISABILITY.—For a covered which the compensation is paid or, in the ‘‘(2) EXCEPTIONS.— claim for partial disability by an employee, event that such marketable obligations are ‘‘(A) COVERED RECIPIENTS WHO ARE RETIRE- until the date that is 3 years after the date not being issued on such date, at an equiva- MENT AGE.—Paragraph (1) shall not apply to of enactment of the Workers’ Compensation lent rate selected by the Secretary of Labor, a covered claim for partial disability by an Reform Act of 2012— true discount compounded annually. employee if, on the date of enactment of the ‘‘(A) the monthly rate of compensation for ‘‘(2) CERTAIN INJURIES.—For an injury that Workers’ Compensation Reform Act of 2012, disability that is subject to the maximum occurred before the date of enactment of the the employee has attained retirement age. and minimum monthly amounts under sub- Workers’ Compensation Reform Act of 2012, ‘‘(B) TRANSITION PERIOD FOR CERTAIN EM- section (a) shall include any augmented com- the rate under subsection (a) shall be 662⁄3 PLOYEES.—For a covered claim for partial pensation under section 8110; and percent of the employee’s monthly pay. disability by an employee who is not an em- ‘‘(B) subsection (a) shall be applied by sub- ‘‘(e) SIMULTANEOUS RECEIPT.— ployee described in subparagraph (A), the stituting ‘75 percent’ for ‘662⁄3 percent’ each ‘‘(1) TOTAL DISABILITY.—An employee who employee shall receive basic compensation place it appears.’’; and receives compensation for total disability

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under section 8105 may only receive the lump portunities reasonably available to the indi- (1) IN GENERAL.—Subchapter III of chapter sum of schedule compensation under this vidual; and 15 of title 31, United States Code, is amended section in addition to and simultaneously ‘‘(C) provide that any employment under- by adding at the end the following: with the benefits for total disability after taken by the individual under the return to ‘‘§ 1538. Authorization for assisted reemploy- the earlier of— work plan be at a location a reasonable dis- ment tance from the residence of the individual; ‘‘(A) the date on which the basic compensa- ‘‘Funds may be transferred from the Em- ‘‘(2) may provide that the Secretary will tion for total disability of the employee be- ployees’ Compensation Fund established pay out of amounts in the Employees’ Com- comes 50 percent of the monthly pay of the under section 8147 of title 5 to the applicable pensation Fund reasonable expenses of voca- employee under section 8105(b); or appropriations account for an agency or in- tional rehabilitation (which may include tui- ‘‘(B) the date on which augmented com- strumentality of any branch of the Federal tion, books, training fees, supplies, equip- pensation of the employee terminates under Government for the purposes of reimbursing ment, and child or dependent care) during section 8110(b)(2)(A)(ii), if the employee re- the agency or instrumentality in accordance the course of the plan; and ceives such compensation. with an assisted reemployment agreement ‘‘(3) may not be for a period of more than ‘‘(2) PARTIAL DISABILITY.—An employee entered into under section 8104 of title 5.’’. who receives benefits for partial disability 2 years, unless the Secretary finds good (2) TABLE OF SECTIONS.—The table of sec- cause to grant an extension, which may be under section 8106 may only receive the lump tions for chapter 15 of title 31, United States for not more than 2 years.’’; sum of schedule compensation under this Code, is amended by inserting after the item (4) in subsection (c), as so redesignated— section in addition to and simultaneously relating to section 1537 the following: with the benefits for partial disability after (A) by inserting ‘‘COMPENSATION.—’’ before the earlier of— ‘‘Notwithstanding’’; and ‘‘1538. Authorization for assisted reemploy- ‘‘(A) the date on which the basic compensa- (B) by striking ‘‘, other than employment ment.’’. tion for partial disability of the employee undertaken pursuant to such rehabilita- SEC. 306. REPORTING REQUIREMENTS. becomes 50 percent of the difference between tion’’; and (a) IN GENERAL.—Chapter 81 is amended by the monthly pay of the employee and the (5) by adding at the end the following: inserting after section 8106 the following: monthly wage-earning capacity of the em- ‘‘(d) ASSISTED REEMPLOYMENT AGREE- ‘‘§ 8106a. Reporting requirements MENTS.— ployee after the beginning of the partial dis- ‘‘(a) DEFINITION.—In this section, the term ‘‘(1) IN GENERAL.—The Secretary may enter ability under section 8106(b); or ‘employee receiving compensation’ means an into an assisted reemployment agreement ‘‘(B) the date on which augmented com- employee who— with an agency or instrumentality of any pensation of the employee terminates under ‘‘(1) is paid compensation under section branch of the Federal Government or a State section 8110(b)(2)(B), if the employee receives 8105 or 8106; and or local government or a private employer such compensation.’’. ‘‘(2) has not attained retirement age. that employs an individual eligible for wage- SEC. 305. VOCATIONAL REHABILITATION. ‘‘(b) AUTHORITY.—The Secretary of Labor loss compensation under section 8105 or 8106 (a) IN GENERAL.—Section 8104 is amended— shall require an employee receiving com- to enable the individual to return to produc- (1) in subsection (a)— pensation to report the earnings of the em- tive employment. (A) by striking ‘‘(a) The Secretary of Labor ployee receiving compensation from employ- ‘‘(2) CONTENTS.—An assisted reemployment may’’ and all that follows through ‘‘undergo ment or self-employment, by affidavit or agreement under paragraph (1)— vocational rehabilitation.’’ and inserting the otherwise, in the manner and at the times ‘‘(A) may provide that the Secretary will following: the Secretary specifies. use amounts in the Employees’ Compensa- ‘‘(a) IN GENERAL.— ‘‘(c) CONTENTS.—An employee receiving tion Fund to reimburse an employer in an ‘‘(1) DIRECTION.—Except as provided in compensation shall include in a report re- amount equal to not more than 100 percent paragraph (2), not earlier than the date that quired under subsection (a) the value of of the compensation the individual would is 6 months after the date on which an indi- housing, board, lodging, and other advan- otherwise receive under section 8105 or 8106; vidual eligible for wage-loss compensation tages which are part of the earnings of the and under section 8105 or 8106 is injured, or by employee receiving compensation in employ- ‘‘(B) may not be for a period of more than such other date as the Secretary of Labor de- ment or self-employment and the value of 3 years. termines it would be reasonable under the which can be estimated. ‘‘(e) LIST.—To facilitate the hiring of indi- ‘‘(d) FAILURE TO REPORT AND FALSE RE- circumstances for the individual to begin vo- viduals eligible for wage-loss compensation PORTS.— cational rehabilitation, and if vocational re- under section 8105 or 8106, the Secretary ‘‘(1) IN GENERAL.—An employee receiving habilitation may enable the individual to be- shall provide a list of such individuals to the compensation who fails to make an affidavit come capable of more gainful employment, Office of Personnel Management, which the the Secretary of Labor shall direct the indi- Office of Personnel Management shall pro- or other report required under subsection (b) vidual to participate in developing a com- vide to all agencies and instrumentalities of or who knowingly omits or understates any prehensive return to work plan and to under- the Federal Government.’’. part of the earnings of the employee in such go vocational rehabilitation at a location a (b) EMPLOYEES’ COMPENSATION FUND.—Sec- an affidavit or other report shall forfeit the reasonable distance from the residence of the tion 8147 is amended by adding at the end: right to compensation with respect to any individual.’’; ‘‘(d) Notwithstanding subsection (b), any period for which the report was required. (B) by striking ‘‘the Secretary of Health, benefits or other payments paid to or on be- ‘‘(2) FORFEITED COMPENSATION.—Compensa- Education, and Welfare in carrying out the half of an employee under this subchapter or tion forfeited under this subsection, if al- purposes of chapter 4 of title 29’’ and insert- any extension or application thereof for a re- ready paid to the employee receiving com- ing ‘‘the Secretary of Education in carrying currence of injury, consequential injury, ag- pensation, shall be recovered by a deduction out the purposes of the Rehabilitation Act of gravation of injury, or increase in percent- from the compensation payable to the em- 1973 (29 U.S.C. 701 et seq.)’’; age of impairment to a member for which ployee or otherwise recovered under section (C) by striking ‘‘under section 32(b)(1) of compensation is provided under the schedule 8129, unless recovery is waived under that title 29’’ and inserting ‘‘under section 5 of under section 8107 suffered in a permanent section.’’. the Rehabilitation Act of 1973 (29 U.S.C. position with an agency or instrumentality (b) TECHNICAL AND CONFORMING AMEND- 704)’’; and of the United States while the employment MENTS.—The table of sections for chapter 81 (D) by adding at the end the following: with the agency or instrumentality is cov- is amended by inserting after the item relat- ‘‘(2) EXCEPTION.—The Secretary of Labor ered under an assisted reemployment agree- ing to section 8106 the following: may not direct an individual who has at- ment entered into under section 8104(d) shall ‘‘8106a. Reporting requirements.’’. tained retirement age to participate in de- not be included in total cost of benefits and other payments in the statement provided to SEC. 307. DISABILITY MANAGEMENT REVIEW; veloping a comprehensive return to work INDEPENDENT MEDICAL EXAMINA- plan or to undergo vocational rehabilita- the agency or instrumentality under sub- TIONS. tion.’’; section (b) if the injury was originally in- Section 8123 is amended by adding at the curred in a position not covered by an as- (2) by redesignating subsection (b) as sub- end the following: sisted reemployment agreement.’’. section (c); ‘‘(e) DISABILITY MANAGEMENT REVIEW.— (c) TERMINATION OF VOCATIONAL REHABILI- (3) by inserting after subsection (a) the fol- ‘‘(1) DEFINITIONS.—In this subsection— TATION REQUIREMENT AFTER RETIREMENT lowing: ‘‘(A) the term ‘covered employee’ means an AGE.—Section 8113(b) is amended by adding ‘‘(b) CONTENTS OF RETURN TO WORK PLAN.— at the end the following: ‘‘An individual who employee who is in continuous receipt of A return to work plan developed under sub- has attained retirement age may not be re- compensation for total disability under sec- section (a)— quired to undergo vocational rehabilita- tion 8105 for a period of not less than 6 ‘‘(1) shall— tion.’’. months; and ‘‘(A) set forth specific measures designed (d) MANDATORY BENEFIT REDUCTION FOR ‘‘(B) the term ‘disability management re- to increase the wage-earning capacity of an NONCOMPLIANCE.—Section 8113(b) is amended view process’ means the disability manage- individual; by striking ‘‘may reduce’’ and inserting ment review process established under para- ‘‘(B) take into account the prior training ‘‘shall reduce’’. graph (2)(A). and education of the individual and the (e) TECHNICAL AND CONFORMING AMEND- ‘‘(2) ESTABLISHMENT.—The Secretary of training, educational, and employment op- MENTS.— Labor shall—

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‘‘(A) establish a disability management re- ‘‘(i) IN GENERAL.—If the Secretary of Labor ‘‘(i) was qualified for benefits payable view process for the purpose of certifying receives a request under this paragraph after under both this subchapter and under a re- and monitoring the disability status and ex- an employee has undergone an initial phys- tirement system described in paragraph (1); tent of injury of each covered employee; and ical examination under paragraph (4)(B)(i), and ‘‘(B) promulgate regulations for the admin- the Secretary shall— ‘‘(ii) was paid benefits under the retire- istration of the disability management re- ‘‘(I) review the request and the informa- ment system after having been notified of view process. tion, explanation, and other materials sub- eligibility for benefits under this subchapter. ‘‘(3) PHYSICAL EXAMINATIONS REQUIRED.— mitted with the request; and ‘‘(3) INFORMED CHOICE.—The Secretary of Under the disability management review ‘‘(II) determine whether to require the Labor shall provide information, and shall process, the Secretary of Labor shall periodi- physical examination of the employee who is ensure that information is provided, to an cally require covered employees to submit to the subject of the request. individual described in paragraph (1) about physical examinations under subsection (a) ‘‘(ii) NOT GRANTED.—If the Secretary deter- the benefits available to the individual under by physicians selected by the Secretary. A mines not to grant a request described in this subchapter or under chapter 83 or 84 or physician conducting a physical examination clause (i), the Secretary shall promptly no- any other retirement system referred to in of a covered employee shall submit to the tify the officer who made the request and paragraph (1) the individual may elect to re- Secretary a report regarding the nature and provide an explanation of the reasons why ceive.’’. extent of the injury to and disability of the the request was denied.’’. (b) TECHNICAL AND CONFORMING AMEND- covered employee. SEC. 308. WAITING PERIOD. MENTS.—Sections 8337(f)(3) and 8464a(a)(3) are ‘‘(4) FREQUENCY.— (a) IN GENERAL.—Section 8117 is amended— each amended by striking ‘‘Paragraphs’’ and ‘‘(A) IN GENERAL.—The regulations promul- (1) in the section heading, by striking inserting ‘‘Except as provided under chapter gated under paragraph (2)(B) shall specify ‘‘Time of accrual of right’’ and inserting 81, paragraphs’’. the process and criteria for determining ‘‘Waiting period’’; SEC. 310. SANCTION FOR NONCOOPERATION when and how frequently a physical exam- (2) in subsection (a)— WITH FIELD NURSES. ination should be conducted for a covered (A) in the matter preceding paragraph (1), Section 8123, as amended by section 307, is employee. by striking ‘‘An employee’’ and all that fol- amended by adding at the end the following: ‘‘(B) MINIMUM FREQUENCY.— lows through ‘‘is not entitled’’ and inserting ‘‘(f) FIELD NURSES.— ‘‘(i) INITIAL.—An initial physical examina- ‘‘IN GENERAL.—An employee is not entitled ‘‘(1) DEFINITION.—In this subsection, the tion shall be conducted not more than a brief to continuation of pay within the meaning of term ‘field nurse’ means a registered nurse period after the date on which a covered em- section 8118 for the first 3 days of temporary that assists the Secretary in the medical ployee has been in continuous receipt of disability or, if section 8118 does not apply, is management of disability claims under this compensation for total disability under sec- not entitled’’; subchapter and provides claimants with as- tion 8015 for 6 months. (B) in paragraph (1), by adding ‘‘or’’ at the sistance in coordinating medical care. ‘‘(ii) SUBSEQUENT EXAMINATIONS.—After the end; ‘‘(2) AUTHORIZATION.—The Secretary may initial physical examination, physical ex- (C) by striking paragraph (2); and use field nurses to coordinate medical serv- aminations of a covered employee shall be (D) by redesignating paragraph (3) as para- ices and vocational rehabilitation programs conducted not less than once every 3 years. graph (2); and for injured employees under this subchapter. ‘‘(5) EMPLOYING AGENCY OR INSTRUMEN- (3) in subsection (b)— If an employee refuses to cooperate with a TALITY REQUESTS.— (A) by striking ‘‘A Postal Service’’ the field nurse or obstructs a field nurse in the ‘‘(A) IN GENERAL.—The agency or instru- first place it appears and all that follows performance of duties under this subchapter, mentality employing an employee who has through ‘‘A Postal Service’’ the second place the right to compensation under this sub- made a claim for compensation for total dis- it appears and inserting ‘‘USE OF LEAVE.— chapter shall be suspended until the refusal ability under section 8105 may at any time An’’; or obstruction stops.’’. submit a request for the Secretary of Labor (B) by striking ‘‘that 3-day period’’ and in- SEC. 311. SUBROGATION OF CONTINUATION OF to promptly require the employee to submit serting ‘‘the first 3 days of temporary dis- PAY. to a physical examination under this sub- ability’’; and (a) IN GENERAL.—Section 8131 is amended— section. (C) by striking ‘‘or is followed by perma- (1) in subsection (a), in the matter pre- ‘‘(B) REQUESTING OFFICER.—A request nent disability’’. ceding paragraph (1), by inserting ‘‘continu- under subparagraph (A) shall be made on be- (b) CONTINUATION OF PAY.—Section 8118 is ation of pay or’’ before ‘‘compensation’’; half of an agency or instrumentality by— amended— (2) in subsection (b), by inserting ‘‘continu- ‘‘(i) the head of the agency or instrumen- (1) in the section heading, by striking ‘‘; ation of pay or’’ before ‘‘compensation’’; and tality; election to use annual or sick leave’’; (3) in subsection (c)— ‘‘(ii) the Chief Human Capital Officer of (2) in subsection (b)(1), by striking ‘‘section (A) by inserting ‘‘continuation of pay or’’ the agency or instrumentality; or 8117(b)’’ and inserting ‘‘section 8117’’; before ‘‘compensation already paid’’; and ‘‘(iii) if the agency or instrumentality does (3) by striking subsection (c); and (B) by inserting ‘‘continuation of pay or’’ not have a Chief Human Capital Officer, an (4) by redesignating subsections (d) as sub- before ‘‘compensation payable’’. officer with responsibilities similar to those section (c). (b) ADJUSTMENT AFTER RECOVERY FROM A of a Chief Human Capital Officer designated (c) TECHNICAL AND CONFORMING AMEND- THIRD PERSON.—Section 8132 is amended— by the head of the agency or instrumentality MENTS.—The table of sections for chapter 81 (1) in the first sentence— to make requests under this paragraph. is amended by striking the items relating to (A) by inserting ‘‘continuation of pay or’’ ‘‘(C) INFORMATION.—A request under sub- sections 8117 and 8118 and inserting the fol- before ‘‘compensation is payable’’; paragraph (A) shall be in writing and accom- lowing: (B) by inserting ‘‘continuation of pay or’’ panied by— ‘‘8117. Waiting period. before ‘‘compensation from the United ‘‘(i) a certification by the officer making ‘‘8118. Continuation of pay.’’. States’’; the request that the officer has reviewed the SEC. 309. ELECTION OF BENEFITS. (C) by striking ‘‘by him or in his behalf’’ relevant material in the employee’s file; (a) IN GENERAL.—Section 8116 is amended and inserting ‘‘by the beneficiary or on be- ‘‘(ii) an explanation of why the officer has by adding at the end the following: half of the beneficiary’’; determined, based on the materials in the ‘‘(e) RETIREMENT BENEFITS.— (D) by inserting ‘‘continuation of pay and’’ file and other information known to the offi- ‘‘(1) IN GENERAL.—An individual entitled to before ‘‘compensation paid by the United cer, that requiring a physical examination of compensation benefits payable under this States’’; and the employee under this subsection is nec- subchapter and under chapter 83 or 84 or any (E) by striking ‘‘compensation payable to essary; and other retirement system for employees of him’’ and inserting ‘‘continuation of pay or ‘‘(iii) copies of the materials relating to the Government, for the same period, shall compensation payable to the beneficiary’’; the employee that are relevant to the offi- elect which benefits the individual will re- (2) in the second sentence, by striking ‘‘his cer’s determination and request, unless the ceive. designee’’ and inserting ‘‘the designee of the agency or instrumentality has a reasonable ‘‘(2) ELECTION.— beneficiary’’; and basis for not providing the materials. ‘‘(A) DEADLINE.—An individual shall make (3) in the fourth sentence, by striking ‘‘If ‘‘(D) EXAMINATION.—If the Secretary of an election under paragraph (1) in accord- compensation’’ and all that follows through Labor receives a request under this para- ance with such deadlines as the Secretary of ‘‘payable to him by the United States’’ and graph before an employee has undergone an Labor shall establish, which shall be a rea- inserting ‘‘If continuation of pay or com- initial physical examination under para- sonable period after the individual has re- pensation has not been paid to the bene- graph (4)(B)(i), the Secretary shall promptly ceived notice of a final determination that ficiary, the money or property shall be cred- require the physical examination of the em- the individual is entitled to compensation ited against continuation of pay or com- ployee. A physical examination under this benefits payable under this subchapter. pensation payable to the beneficiary by the subparagraph shall satisfy the requirement ‘‘(B) REVOCABILITY.—An election under United States’’. under paragraph (4)(B)(i) that an initial paragraph (1) shall be revocable, notwith- (c) EFFECTIVE DATE.—This section and the physical examination be conducted. standing any other provision of law, except amendments made by this section shall take ‘‘(E) AFTER INITIAL EXAMINATION.— for any period during which an individual— effect on the date of enactment of this Act.

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SEC. 312. INTEGRITY AND COMPLIANCE. ‘‘(A) IN GENERAL.—There is established a and procedures required under clauses (i) and (a) IN GENERAL.—Subchapter I of chapter task force, which shall be known as the (ii). 81 is amended by adding at the end the fol- FECA Integrity and Compliance Task Force. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in lowing: ‘‘(B) MEMBERSHIP.—The members of the this subsection shall be construed to limit or ‘‘§ 8153. Integrity and Compliance Program Task Force shall be— restrict any authority of an Inspector Gen- eral. ‘‘(a) DEFINITIONS.—In this section— ‘‘(i) the Secretary, who shall serve as the ‘‘(d) IMPROVEMENTS TO ACCESS OF FEDERAL ‘‘(1) the term ‘FECA program’ means the Chairperson of the Task Force; DATABASES.— Federal Employees Compensation Program ‘‘(ii) the Postmaster General, who shall ‘‘(1) IN GENERAL.—In order to improve com- administered under this subchapter; serve as the Vice Chairperson of the Task Force; pliance with the requirements under and the ‘‘(2) the term ‘improper payment’ has the integrity of the FECA program, or as re- meaning given that term in section 2(f) of ‘‘(iii) the Attorney General; ‘‘(iv) the Director of the Office of Manage- quired to otherwise detect and prevent im- the Improper Payments Information Act of proper payments under the FECA program 2002 (31 U.S.C. 3321 note); ment and Budget; and ‘‘(v) other appropriate Federal officials, as (including for purposes of computer match- ‘‘(3) the term ‘Inspector General’— ing under subsection (e)(1)(D)), upon written determined by the Chairperson and Vice ‘‘(A) means an Inspector General described request— Chairperson of the Task Force. in subparagraph (A), (B), or (I) of section ‘‘(A) the Commissioner of Social Security ‘‘(C) ADVISORY MEMBERS.—The following of- 11(b)(1) of the Inspector General Act of 1978 (5 shall make available to the Secretary, the ficials shall attend meetings of the Task U.S.C. App.); and Postmaster General, and each Inspector Gen- Force and participate as ad hoc, advisory ‘‘(B) does not include the Inspector General eral the Social Security earnings informa- of an entity having no employees covered members, to provide technical assistance tion of a living or deceased employee; under the FECA program. and guidance to the Task Force with respect ‘‘(B) the Director of the Office of Personnel ‘‘(4) the term ‘Integrity and Compliance to the duties of the Task Force: Management shall make available to the Program’ means the Integrity and Compli- ‘‘(i) The Inspector General of the Depart- Secretary, the Postmaster General, and each ance Program established under subsection ment of Labor. Inspector General the information in the (b); ‘‘(ii) The Inspector General of the United databases of Federal employees and retirees ‘‘(5) the term ‘provider’ means a provider States Postal Service. maintained by the Director; and of medical or other services under the FECA ‘‘(iii) The Inspectors General of other ap- ‘‘(C) the Secretary of Veterans Affairs program; propriate agencies and instrumentalities of shall make available to the Secretary, the ‘‘(6) the term ‘Secretary’ means the Sec- the United States that employ a significant Postmaster General, and each Inspector Gen- retary of Labor; and number of individuals receiving compensa- eral the information in the database of dis- ‘‘(7) the term ‘Task Force’ means the tion, benefits, or services under the FECA abled individuals maintained by the Sec- FECA Integrity and Compliance Task Force program, as determined by the Chairperson retary of Veterans Affairs. established under subsection (c)(2)(A). of the Task Force. ‘‘(2) NATIONAL DIRECTORY OF NEW HIRES.— ‘‘(b) INTEGRITY AND COMPLIANCE PRO- ‘‘(D) DUTIES.—The Task Force shall— Upon written request, the Secretary of GRAM.—Not later than 270 days after the date ‘‘(i) set forth, in writing, a description of Health and Human Services shall make of enactment of this section, the Secretary the respective roles and responsibilities in available to the Secretary, the Postmaster shall establish an Integrity and Compliance preventing, identifying, recovering, and General, each Inspector General, and the Program for the purpose of preventing, iden- prosecuting fraud under, and otherwise en- Comptroller General of the United States the tifying, and recovering fraudulent and other suring integrity and compliance of, the information in the National Directory of improper payments for the FECA program, FECA program of— New Hires for purposes of carrying out this which shall include— ‘‘(I) the Secretary (including subordinate subchapter, in order to improve compliance ‘‘(1) procedures for identifying potentially officials such as the Director of the Office of with the requirements under and the integ- improper payments before payment is made Workers’ Compensation Programs); rity of the FECA program, or as required to to claimants and providers, including, where ‘‘(II) the Inspector General of the Depart- otherwise detect and prevent improper pay- appropriate, predictive analytics; ment of Labor; ments under the FECA program (including ‘‘(2) reviews after payment is made to iden- ‘‘(III) the Inspectors General of agencies for purposes of computer matching under tify potentially improper payments to claim- and instrumentalities of the United States subsection (e)(1)(D)). The Comptroller Gen- ants and providers; that employ claimants under the FECA pro- eral may obtain information from the Na- ‘‘(3) on-going screening and verification gram; tional Directory of New Hires for purposes of procedures to ensure the continued eligi- ‘‘(IV) the Attorney General; and any audit, evaluation, or investigation, in- bility of medical providers to provide serv- ‘‘(V) any other relevant officials; cluding any audit, evaluation, or investiga- ices under the FECA program, including li- ‘‘(ii) develop procedures for sharing infor- tion relating to program integrity. censure, Federal disbarment, and the exist- mation of possible fraud under the FECA ‘‘(3) PROCEDURES.—The Secretary shall es- ence of relevant criminal convictions; program or other intentional misstatements tablish procedures for correlating the iden- ‘‘(4) provision of appropriate information, by claimants or providers under the FECA tity and status of recipients of compensa- education, and training to claimants and program, including procedures addressing— tion, benefits, or services under this sub- providers on requirements to ensure the in- ‘‘(I) notification of appropriate officials of chapter with Social Security earnings infor- tegrity of the FECA program, including pay- the Department of Labor of potential fraud mation described in paragraph (1)(A). ments under the FECA program; or other intentional misstatements, includ- ‘‘(4) PROVISION.—Information requested ‘‘(5) appropriate controls and audits to en- ing provision of supporting information; under this subsection shall be provided— sure that providers adopt internal controls ‘‘(II) timely and appropriate response by ‘‘(A) in a timely manner; and procedures for compliance with require- officials of the Department of Labor to noti- ‘‘(B) at a reasonable cost to the Secretary, ments under the FECA program; fications described in subclause (I); the Postmaster General, or an Inspector ‘‘(6) procedures to ensure— ‘‘(III) the inclusion of information and evi- General; ‘‘(A) initial and continuing eligibility of dence relating to fraud and other intentional ‘‘(C) without cost to the Comptroller Gen- claimants for compensation, benefits, or misstatements in criminal, civil, and admin- eral of the United States; and services under the FECA program; and istrative proceedings relating to the provi- ‘‘(D) in the manner, frequency, and form ‘‘(B) ongoing verification of information in sion of compensation, benefits, or medical reasonably specified by the officer making databases relating to claimants to ensure ac- services (including payments to providers) the request, which, upon request, shall in- curacy and completeness; and under the FECA program; clude electronic form. ‘‘(7) sharing and accessing data and infor- ‘‘(IV) the coordination of criminal inves- ‘‘(5) ASSESSMENT OF DATA COST-EFFECTIVE- mation with other agencies and instrumen- tigations with the administration of the NESS.— talities of the United States, including the FECA program; and ‘‘(A) IN GENERAL.—The Secretary shall con- United States Postal Service. ‘‘(V) the protection of information relating sider and assess procedures for correlating ‘‘(c) INTERAGENCY COOPERATION ON ANTI- to an investigation of possible fraud under the identity and status of recipients of com- FRAUD EFFORTS.— the FECA program from potential disclosure, pensation, benefits, or services under this ‘‘(1) IN GENERAL.—In administering the including requirements that enable inves- subchapter with information relating to em- FECA program, including the Integrity and tigative files to be appropriately separated ployees, retirees, and individuals described Compliance Program, the Secretary shall co- from case management files; in subparagraphs (B) and (C) of paragraph (1) operate with other agencies and instrumen- ‘‘(iii) not later than 1 year after the date of and paragraph (2). talities of the United States (including the enactment of this section, submit to the ‘‘(B) REPORT.—Not later than 1 year after United States Postal Service) and the In- Committee on Homeland Security and Gov- the date of enactment of this section, the spectors General of such agencies and instru- ernmental Affairs of the Senate and the Secretary shall submit to the Committee on mentalities to prevent, identify, and recover Committee on Oversight and Government Homeland Security and Governmental Af- fraudulent and other improper payments Reform and the Committee on Education and fairs of the Senate and the Committee on under the FECA program. the Workforce of the House of Representa- Oversight and Government Reform and the ‘‘(2) TASK FORCE.— tives a report that includes the description Committee on Education and the Workforce

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of the House of Representatives a report on ‘‘(v) COST-BENEFIT ANALYSIS.—An agree- year, adjusted to the nearest one-tenth of 1 the cost-effectiveness of the use of the data- ment under clause (i) may be entered with- percent.’’. bases described in subparagraphs (B) and (C) out regard to section 552a(o)(1)(B), relating (b) FUNERAL EXPENSES.—Section 8134(a) is of paragraph (1) and paragraph (2) for pro- to a cost-benefit analysis of the proposed amended— gram compliance and integrity. The report matching program. (1) by striking ‘‘$800’’ and inserting required under this subparagraph may be in- ‘‘(vi) GUIDANCE BY THE OFFICE OF MANAGE- ‘‘$6,000’’; and cluded as part of the report required under MENT AND BUDGET.—Not later than 6 months (2) by adding at the end the following: subsection (f). after the date of enactment of the Workers’ ‘‘The maximum amount of compensation ‘‘(6) UNITED STATES POSTAL SERVICE FECA Compensation Reform Act of 2012, and in under this subsection shall be increased on ENROLLEE DATABASE.—Not later than 180 consultation with the Council of Inspectors March 1 of each year by the amount deter- days after the date of enactment of this sec- General on Integrity and Efficiency, the Sec- mined by the Secretary of Labor to represent tion, in order to track, verify, and commu- retary of Health and Human Services, the the percent change in the price index pub- nicate with the Secretary and other relevant Commissioner of Social Security, and the lished for December of the preceding year entities, the Postmaster General shall estab- head of any other relevant agency, the Direc- over the price index published for the De- lish an electronic database of information tor of the Office of Management and Budget cember of the year prior to the preceding relating to employees of the United States shall— year, adjusted to the nearest one-tenth of 1 Postal Service who have applied for or are ‘‘(I) issue guidance for agencies regarding percent.’’. receiving compensation, benefits, or services implementing this subparagraph, which shall (c) APPLICATION.—The amendments made under this subchapter. include standards for reimbursement costs, by this section shall apply to injuries or ‘‘(7) RULE OF CONSTRUCTION.—Nothing in when necessary, between agencies; and deaths, respectively, occurring on or after this subsection shall be construed to limit ‘‘(II) establish standards and develop the date of enactment of this Act. the authority of the Comptroller General of standard matching agreements for the pur- SEC. 314. TECHNICAL AND CONFORMING AMEND- the United States under section 716 of title pose of improving the process for estab- MENTS. 31. lishing data use or computer matching Chapter 81 is amended— ‘‘(e) GENERAL PROTOCOLS AND SECURITY.— agreements. (1) in section 8101(1)(D), by inserting ‘‘for ‘‘(1) ESTABLISHMENT.— ‘‘(2) COMPLIANCE.—The Secretary, the Post- an injury that occurred before the effective ‘‘(A) IN GENERAL.—In order to ensure master General, and each Inspector General date of section 204(e) of the District of Co- strong information security and privacy shall ensure that any information provided lumbia Self-Government and Governmental standards, the Task Force shall establish to an individual or entity under this section Reorganization Act (Public Law 93–198; 87 protocols for the secure transfer and storage is provided in accordance with protocols es- Stat. 783; 5 U.S.C. 8101 note)’’ before the of any information provided to an individual tablished under paragraph (1). semicolon; or entity under this section. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (2) in section 8139, by inserting ‘‘under this ‘‘(B) CONSIDERATIONS.—In establishing pro- this section shall be construed to affect the subchapter’’ after ‘‘Compensation awarded’’; tocols under subparagraph (A), the Task rights of an individual under section 552a(p). and Force shall consider any recommendations ‘‘(f) REPORT.—Not later than 1 year after (3) in section 8148(a), by striking ‘‘section submitted to the Secretary by the Inspector the date of enactment of this section, and 8106’’ and inserting ‘‘section 8106a’’. General of the Department of Health and annually thereafter for 5 years, the Sec- SEC. 315. REGULATIONS. Human Services with respect to the secure retary shall submit a report on the activities (a) IN GENERAL.—As soon as possible after transfer and storage of information, and to of the Secretary under this section, includ- the date of enactment of this Act, the Sec- comply with privacy laws and best practices. ing implementation of the Integrity and retary of Labor shall promulgate regulations ‘‘(C) FRAUD CASE PROTECTION.—The Task (which may include interim final regula- Force shall establish protocols and proce- Compliance Program, to— tions) to carry out this title. dures to enable information and materials ‘‘(1) the Committee on Homeland Security (b) CONTENTS.—The regulations promul- relating to an active investigation of pos- and Governmental Affairs of the Senate; and gated under subsection (a) shall include, for sible fraud relating to the FECA program to ‘‘(2) the Committee on Oversight and Gov- purposes of the amendments made by sec- be appropriately kept separate from the files ernment Reform and the Committee on Edu- tions 302 and 303, clarification of— for employees relating to the provision of cation and the Workforce of the House of (1) what is a claim; and compensation, benefits, or services under the Representatives. (2) what is the date on which a period of FECA program. ‘‘(g) GAO REVIEW.—The Comptroller Gen- eral of the United States shall— disability, for which a claim is made, com- ‘‘(D) COMPUTER MATCHING BY FEDERAL mences. AGENCIES FOR PURPOSES OF INVESTIGATION ‘‘(1) conduct periodic reviews of the Integ- SEC. 316. EFFECTIVE DATE. AND PREVENTION OF IMPROPER PAYMENTS AND rity and Compliance Program; and FRAUD.— ‘‘(2) submit reports on the results of the re- Except as otherwise provided in this title, ‘‘(i) IN GENERAL.—Except as provided in views under paragraph (1) to the Committee this title and the amendments made by this this subparagraph, in accordance with sec- on Homeland Security and Governmental Af- title shall take effect 60 days after the date tion 552a (commonly known as the Privacy fairs of the Senate and the Committee on of enactment of this Act. Act of 1974), the Secretary, the Postmaster Oversight and Government Reform and the TITLE IV—OTHER MATTERS General, each Inspector General, and the Committee on Education and the Workforce SEC. 401. SOLVENCY PLAN. of the House of Representatives not later head of each agency may enter into com- (a) PLAN REQUIRED.—Not later than 90 days puter matching agreements that allow ongo- than— after the date of enactment of this Act, the ing data matching (which shall include auto- ‘‘(A) 2 years after the date of enactment of Postal Service shall submit to the Com- mated data matching) in order to assist in this section; and mittee on Homeland Security and Govern- the detection and prevention of improper ‘‘(B) 3 years after submission of the report mental Affairs of the Senate, the Committee payments under the FECA program. under subparagraph (A).’’. on Oversight and Government Reform of the (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) REVIEW.—Not later than 60 days after House of Representatives, the Comptroller MENT.—The table of sections for chapter 81 is a proposal for an agreement under clause (i) General of the United States, and the Com- amended by inserting after the item relating has been presented to a Data Integrity Board mission a plan describing, in detail, the ac- to section 8152 the following: established under section 552a(u) for consid- tions the Postal Service will take to achieve eration, the Data Integrity Board shall ap- ‘‘8153. Integrity and Compliance Program.’’. long-term solvency (as defined in section prove or deny the agreement. (c) EFFECTIVE DATE.—This section and the 208(e) of this Act). ‘‘(iii) TERMINATION DATE.—An agreement amendments made by this section shall take (b) CONSIDERATIONS.—The plan required under clause (i)— effect on the date of enactment of this Act. under subsection (a) shall take into consider- ‘‘(I) shall have a termination date of less SEC. 313. AMOUNT OF COMPENSATION. ation— than 3 years; and (a) INJURIES TO FACE, HEAD, AND NECK.— (1) the legal authority of the Postal Serv- ‘‘(II) during the 3-month period ending on Section 8107(c)(21) is amended— ice; the date on which the agreement is sched- (1) by striking ‘‘not to exceed $3,500’’ and (2) the changes in the legal authority and uled to terminate, may be renewed by the inserting ‘‘in proportion to the severity of responsibilities of the Postal Service under agencies entering the agreement for not the disfigurement, not to exceed $50,000,’’; this Act; more than 3 years. and (3) any cost savings that the Postal Service ‘‘(iv) MULTIPLE AGENCIES.—For purposes of (2) by adding at the end the following: anticipates will be achieved through negotia- this subparagraph, section 552a(o)(1) shall be ‘‘The maximum amount of compensation tions with employees of the Postal Service; applied by substituting ‘between the source under this paragraph shall be increased on (4) projected changes in mail volume; agency and the recipient agency or non-Fed- March 1 of each year by the amount deter- (5) projected changes in the number of em- eral agency or an agreement governing mul- mined by the Secretary of Labor to represent ployees needed to carry out the responsibil- tiple agencies’ for ‘between the source agen- the percent change in the price index pub- ities of the Postal Service; and cy and the recipient agency or non-Federal lished for December of the preceding year (6) the long-term capital needs of the Post- agency’ in the matter preceding subpara- over the price index published for the De- al Service, including the need to maintain, graph (A). cember of the year prior to the preceding repair, and replace facilities and equipment.

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(c) UPDATES.—The Postal Service shall up- processing, transportation, and delivery of graph (1), the Director of the Office of Man- date the plan required under subsection (a) such mail by the Postal Service. agement and Budget, in collaboration with not less frequently than quarterly, until the (4) UNUSED RATE ADJUSTMENT AUTHORITY.— the Postmaster General, shall identify agen- last quarter of fiscal year 2015. Section 3622(d)(2)(C) of title 39, United States cy field offices on the list that are within SEC. 402. POSTAL RATES. Code, shall be applied by annually increasing reasonable distance of a Postal property. (a) COMMISSION STUDY.— by 2 percentage points any unused rate ad- ‘‘(B) REASONABLE DISTANCE.—For purposes (1) IN GENERAL.—Not earlier than 3 years justment authority for a class of mail that of this paragraph, an agency field office shall after the date of enactment of this Act, the bears less than 90 percent of the costs attrib- be considered to be within reasonable dis- Commission shall commence a study to de- utable to the class of mail, according to the tance of a Postal property if the office would termine— most recent annual determination of the be able to fulfill the mission of the office if (A) whether and to what extent any mar- Commission under subsection (a)(1) or (b)(1), the office is located at the Postal property. ket-dominant classes, products, or types of adjusted to account for the quantitative ef- ‘‘(C) REVIEW BY POSTAL SERVICE.—Not later mail services do not bear the direct and indi- fect of excess mail processing, transpor- than 90 days after the receipt of the list sub- rect costs attributable to those classes, prod- tation, or delivery capacity of the Postal mitted under subparagraph (B), the Post- ucts, or types of mail services; and Service on the costs attributable to the class master General shall— (B) the impact of any excess mail proc- of mail. ‘‘(i) review the list; and essing, transportation, or delivery capacity SEC. 403. CO-LOCATION WITH FEDERAL AGEN- ‘‘(ii) submit to the Director of the Office of of the Postal Service on the direct and indi- CIES. Management and Budget a report containing rect costs attributable to any class, product, Chapter 5 of subtitle I of title 40, United the conclusions of the review. or type of mail service that bears less than States Code, is amended by adding at the end ‘‘(3) TERMS OF CO-LOCATION.—On approval 100 percent of the costs attributable to the the following: of the recommendations under paragraph (2) class, product, or type of mail service, as de- ‘‘SUBCHAPTER VII—FEDERAL REAL by the Postmaster General and the applica- termined under subparagraph (A). PROPERTY ASSET MANAGEMENT ble agency head, the co-location of a Postal (2) REQUIREMENTS.—The Commission shall ‘‘§ 701. Definitions property and an agency field office shall con- sist of the Executive agency that owns or conduct the study under paragraph (1) in a ‘‘In this subchapter: leases the agency field office entering into a manner that protects confidential and pro- ‘‘(1) AGENCY FIELD OFFICE.—The term lease for space within the Postal property prietary business information. ‘agency field office’ means the field office of with United States Postal Service that has— (3) HEARING.—Before completing the study a landholding agency. ‘‘(A) an initial lease term of not less than under paragraph (1), the Commission shall ‘‘(2) COUNCIL.—The term ‘Council’ means 5 years; and hold a public hearing, on the record, in order the Federal Real Property Council estab- ‘‘(B) a cost that is within 5 percent of the to better inform the conclusions of the lished under section 702. prevailing market lease rate for a similarly study. The Postal Service, postal customers, ‘‘(3) LANDHOLDING AGENCY.—The term situated space.’’. and other interested persons may participate ‘landholding agency’ has the same meaning in the hearing under this paragraph. as in section 501(i) of the McKinney-Vento SEC. 404. COOPERATION WITH STATE AND LOCAL (4) COMPLETION.—Not later than 6 months GOVERNMENTS; INTRA-SERVICE Homeless Assistance Act (42 U.S.C. 11411(i)). AGREEMENTS. after the date on which the Commission ‘‘(4) POSTAL PROPERTY.—The term ‘Postal (a) COOPERATION WITH STATE AND LOCAL commences the study under subsection (a), property’ means real property owned by the GOVERNMENTS.—Section 411 of title 39, the Commission shall complete the study. United States Postal Service. (b) ANNUAL UPDATES REQUIRED.—Not later United States Code, is amended, in the first ‘‘§ 702. Establishment of a Federal Real Prop- than 1 year after the date of completion of sentence, by striking ‘‘and the Government erty Council the study under subsection (a), and annually Printing Office’’ and inserting ‘‘, the Govern- thereafter, the Commission shall— ‘‘(a) ESTABLISHMENT.—There is within the ment Printing Office, and agencies and other (1) determine whether any class of mail Office of Management and Budget a council units of State and local governments’’. bears less than 100 percent of the direct and to be known as the ‘Federal Real Property (b) INTRA-SERVICE AGREEMENTS.—Section indirect costs attributable to the class, prod- Council’. 411 of title 39, United States Code, as amend- uct, or type of mail service, in the same ‘‘(b) PURPOSE.—The purpose of the Council ed by subsection (a), is amended— manner as under subsection (a)(1)(A); shall be to develop guidance for the asset (1) in the section heading, by adding at the (2) for any class of mail for which the Com- management program of each executive end the following: ‘‘and within the Postal mission makes a determination under para- agency. Service’’; graph (1), update the study under subsection ‘‘(c) COMPOSITION.— (2) in the second sentence, by striking (a); and ‘‘(1) IN GENERAL.—The Council shall be ‘‘section’’ and inserting ‘‘subsection’’; (3) include the study updated under para- composed of— (3) by striking ‘‘Executive agencies’’ and graph (2) in the annual written determina- ‘‘(A) the senior real property officers of inserting the following: tion of the Commission under section 3653 of each executive agency; ‘‘(a) COOPERATION WITH STATE AND LOCAL title 39, United States Code. ‘‘(B) the Deputy Director for Management GOVERNMENTS.—Executive agencies’’; and of the Office of Management and Budget; (c) POSTAL RATES.— (4) by adding at the end the following: ‘‘(C) the Controller of the Office of Man- (1) DEFINITION.—In this subsection, the ‘‘(b) COOPERATION WITHIN THE POSTAL term ‘‘loss-making’’, as used with respect to agement and Budget; SERVICE.—The Office of the Inspector Gen- a class of mail, means a class of mail that ‘‘(D) the Administrator of General Serv- eral and other components of the Postal bears less than 100 percent of the costs at- ices; and Service may enter into agreements to fur- tributable to the class of mail, according to ‘‘(E) any other full-time or permanent nish to each other property, both real and the most recent annual determination of the part-time Federal officials or employees, as personal, and personal and nonpersonal serv- Commission under subsection (a)(1) or (b)(1), the Chairperson determines to be necessary. ices. The furnishing of property and services adjusted to account for the quantitative ef- ‘‘(2) CHAIRPERSON.—The Deputy Director under this subsection shall be under such fect of excess mail processing, transpor- for Management of the Office of Management terms and conditions, including tation, or delivery capacity of the Postal and Budget shall serve as Chairperson of the reimbursability, as the Inspector General Service on the costs attributable to the class Council. and the head of the component concerned of mail. ‘‘(3) ADMINISTRATIVE SUPPORT.—The Office shall deem appropriate.’’. of Management and Budget shall provide (2) IN GENERAL.—Not later than 1 year after (c) TECHNICAL AND CONFORMING AMEND- the date on which the study under subsection funding and administrative support for the MENT.—The table of sections for chapter 4 of (a) is completed, and annually thereafter, Council, as appropriate. title 39, United States Code, is amended by the Postal Service shall establish postal ‘‘§ 703. Co-location among Postal Service striking the item relating to section 411 and rates for each loss-making class of mail. properties inserting the following: (3) CONSIDERATIONS.—The Postal Service ‘‘(a) CO-LOCATION AMONG POSTAL SERVICE ‘‘411. Cooperation with other Government may establish postal rates under paragraph PROPERTIES.— agencies and within the Postal (2) in a manner that ensures, to the extent ‘‘(1) IDENTIFICATION OF REAL PROPERTY AS- Service.’’. practicable, that a class of mail described in SETS.—Each year, the Council shall— SEC. 405. SHIPPING OF WINE, BEER, AND DIS- paragraph (2) is not loss-making by— ‘‘(A) identify and compile a list of agency TILLED SPIRITS. (A) using the authority to increase rates field offices that are suitable for co-location (a) MAILABILITY.— under section 3622(d)(1)(A) of title 39, United with another Federal civilian real property (1) NONMAILABLE ARTICLES.—Section 1716(f) States Code; asset; and of title 18, United States Code, is amended by (B) exhausting any unused rate adjustment ‘‘(B) submit the list to the Director of the striking ‘‘mails’’ and inserting ‘‘mails, ex- authority, as defined in section 3622(d)(2)(C) Office of Management and Budget and the cept to the extent that the mailing is allow- of title 39, United States Code, subject to Postmaster General of the United States. able under section 3001(p) of title 39’’. paragraph (4); and ‘‘(2) POSTAL PROPERTY.— (2) APPLICATION OF LAWS.—Section 1161 of (C) maximizing incentives to reduce costs ‘‘(A) IN GENERAL.—Not later than 30 days title 18, United States Code, is amended, by and increase efficiency with regard to the after the completion of a list under para- inserting ‘‘, and, with respect to the mailing

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2450 CONGRESSIONAL RECORD — SENATE April 17, 2012 of distilled spirits, wine, or malt beverages (B) in clause (i), by striking ‘‘or’’ at the ‘‘(3) prepare and transmit to the head of (as those terms are defined in section 117 of end; each covered postal entity, the senior pro- the Federal Alcohol Administration Act (27 (C) in clause (ii), by striking ‘‘and’’ at the curement executive of each covered postal U.S.C. 211)), is in conformity with section end and inserting ‘‘or’’; and entity, the Board of Governors, and Con- 3001(p) of title 39’’ after ‘‘Register’’. (D) by adding at the end the following: gress, an annual report describing— (b) REGULATIONS.—Section 3001 of title 39, ‘‘(iii) preserve mail volume and revenue; ‘‘(A) the activities of the advocate under United States Code, is amended by adding at and’’; and this section; the end the following: (2) by adding at the end the following: ‘‘(B) initiatives required to promote com- ‘‘(p)(1) In this subsection, the terms ‘dis- ‘‘(g) COORDINATION.—The Postal Service petition; tilled spirits’, ‘wine’, and ‘malt beverage’ and the Postal Regulatory Commission shall ‘‘(C) barriers to competition that remain; have the same meanings as in section 117 of coordinate actions to identify methods to in- and the Federal Alcohol Administration Act (27 crease the use of negotiated service agree- ‘‘(D) the number of waivers made by each U.S.C. 211). ments for market-dominant products by the covered postal entity under section 704(c). ‘‘(2) Distilled spirits, wine, or malt bev- Postal Service consistent with subsection ‘‘§ 703. Delegation of contracting authority erages shall be considered mailable if (c)(10).’’. ‘‘(a) IN GENERAL.— mailed— SEC. 408. CONTRACT DISPUTES. ‘‘(1) POLICY.—Not later than 60 days after ‘‘(A) in accordance with the laws and regu- Section 7101(8) of title 41, United States the date of enactment of the 21st Century lations of— Code, is amended— Postal Service Act of 2012, the head of each ‘‘(i) the State, territory, or district of the (1) in subparagraph (C), by striking ‘‘and’’ covered postal entity shall issue a policy on United States where the sender or duly au- at the end; contracting officer delegations of authority thorized agent initiates the mailing; and (2) in subparagraph (D), by striking the pe- for the covered postal entity. ‘‘(ii) the State, territory, or district of the riod at the end and inserting ‘‘; and’’; and ‘‘(2) CONTENTS.—The policy issued under United States where the addressee or duly (3) by adding at the end the following: paragraph (1) shall require that— authorized agent takes delivery; and ‘‘(E) the United States Postal Service and ‘‘(A) notwithstanding any delegation of au- ‘‘(B) to an addressee who is at least 21 the Postal Regulatory Commission.’’. thority with respect to postal contracts, the years of age— ultimate responsibility and accountability ‘‘(i) who provides a signature and presents SEC. 409. CONTRACTING PROVISIONS. for the award and administration of postal a valid, government-issued photo identifica- (a) IN GENERAL.—Part I of title 39, United contracts resides with the senior procure- tion upon delivery; or States Code, is amended by adding at the end ment executive; and ‘‘(ii) the duly authorized agent of whom— the following: ‘‘(B) a contracting officer shall maintain ‘‘(I) is at least 21 years of age; and ‘‘CHAPTER 7—CONTRACTING PROVISIONS an awareness of and engagement in the ac- ‘‘(II) provides a signature and presents a ‘‘Sec. tivities being performed on postal contracts valid, government-issued photo identifica- ‘‘701. Definitions. of which that officer has cognizance, not- tion upon delivery. ‘‘702. Advocate for competition. withstanding any delegation of authority ‘‘(3) The Postal Service shall prescribe ‘‘703. Delegation of contracting authority. that may have been executed. such regulations as may be necessary to ‘‘704. Posting of noncompetitive purchase re- ‘‘(b) POSTING OF DELEGATIONS.— carry out this subsection.’’. quests for noncompetitive con- ‘‘(1) IN GENERAL.—The head of each covered (c) EFFECTIVE DATE.—The amendments tracts. made by this section shall take effect on the postal entity shall make any delegation of ‘‘705. Review of ethical issues. authority for postal contracts outside the earlier of— ‘‘706. Ethical restrictions on participation in functional contracting unit readily available (1) the date on which the Postal Service certain contracting activity. and accessible on the website of the covered issues regulations under section 3001(p) of ‘‘707. Congressional oversight authority. postal entity. title 39, United States Code, as amended by ‘‘§ 701. Definitions this section; and ‘‘(2) EFFECTIVE DATE.—This paragraph shall ‘‘In this chapter— (2) 120 days after the date of enactment of apply to any delegation of authority made ‘‘(1) the term ‘contracting officer’ means this Act. on or after 30 days after the date of enact- an employee of a covered postal entity who ment of the 21st Century Postal Service Act SEC. 406. ANNUAL REPORT ON UNITED STATES has authority to enter into a postal contract; MAILING INDUSTRY. of 2012. ‘‘(2) the term ‘covered postal entity’ (a) IN GENERAL.—Chapter 24 of title 39, ‘‘§ 704. Posting of noncompetitive purchase United States Code, is amended by adding at means— requests for noncompetitive contracts ‘‘(A) the Postal Service; or the end the following: ‘‘(a) POSTING REQUIRED.— ‘‘(B) the Postal Regulatory Commission; ‘‘§ 2403. Annual report on the fiscal stability ‘‘(1) POSTAL REGULATORY COMMISSION.—The ‘‘(3) the term ‘head of a covered postal en- Postal Regulatory Commission shall make of the United States mailing industry tity’ means— ‘‘(a) IN GENERAL.—Not later than 1 year the noncompetitive purchase request for any ‘‘(A) in the case of the Postal Service, the noncompetitive award, including the ration- after the date of enactment of this section, Postmaster General; or and annually thereafter, the Postal Regu- ale supporting the noncompetitive award, ‘‘(B) in the case of the Postal Regulatory publicly available on the website of the Post- latory Commission shall submit a report on Commission, the Chairman of the Postal the fiscal stability of the United States al Regulatory Commission— Regulatory Commission; ‘‘(A) not later than 14 days after the date mailing industry with respect to the pre- ‘‘(4) the term ‘postal contract’ means any ceding fiscal year to— of the award of the noncompetitive contract; contract (including any agreement or memo- or ‘‘(1) the Committee on Homeland Security randum of understanding) entered into by a and Governmental Affairs of the Senate; and ‘‘(B) not later than 30 days after the date of covered postal entity for the procurement of the award of the noncompetitive contract, if ‘‘(2) the Committee on Oversight and Gov- goods or services; and ernment Reform of the House of Representa- the basis for the award was a compelling ‘‘(5) the term ‘senior procurement execu- business interest. tives. tive’ means the senior procurement execu- ‘‘(b) ASSISTANCE.—The United States Post- ‘‘(2) POSTAL SERVICE.—The Postal Service tive of a covered postal entity. al Service and any Federal agency involved shall make the noncompetitive purchase re- in oversight or data collection regarding in- ‘‘§ 702. Advocate for competition quest for any noncompetitive award of a dustry sectors relevant to the report under ‘‘(a) ESTABLISHMENT AND DESIGNATION.— postal contract valued at $250,000 or more, subsection (a) shall provide any assistance to ‘‘(1) ESTABLISHMENT.—There is established including the rationale supporting the non- the Postal Regulatory Commission that the in each covered postal entity an advocate for competitive award, publicly available on the Postal Regulatory Commission determines is competition. website of the Postal Service— necessary in the preparation of a report ‘‘(2) DESIGNATION.—The head of each cov- ‘‘(A) not later than 14 days after the date under subsection (a).’’. ered postal entity shall designate for the of the award; or (b) TECHNICAL AND CONFORMING AMEND- covered postal entity 1 or more officers or ‘‘(B) not later than 30 days after the date of MENT.—The table of sections for chapter 24 of employees (other than the senior procure- the award, if the basis for the award was a title 39, United States Code, is amended by ment executive) to serve as the advocate for compelling business interest. adding at the end the following: competition. ‘‘(3) ADJUSTMENTS TO THE POSTING THRESH- ‘‘2403. Annual report on the fiscal stability of ‘‘(b) RESPONSIBILITIES.—The advocate for OLD FOR THE POSTAL SERVICE.— the United States mailing in- competition of each covered postal entity ‘‘(A) REVIEW AND DETERMINATION.—Not dustry.’’. shall— later than January 31 of each year, the Post- SEC. 407. USE OF NEGOTIATED SERVICE AGREE- ‘‘(1) be responsible for promoting competi- al Service shall— MENTS. tion to the maximum extent practicable con- ‘‘(i) review the $250,000 threshold estab- Section 3622 of title 39, United States Code, sistent with obtaining best value by pro- lished under paragraph (2); and is amended— moting the acquisition of commercial items ‘‘(ii) based on any change in the Consumer (1) in subsection (c)(10)(A)— and challenging barriers to competition; Price Index for all-urban consumers of the (A) in the matter preceding clause (i), by ‘‘(2) review the procurement activities of Department of Labor, determine whether an striking ‘‘either’’ and inserting ‘‘will’’; the covered postal entity; and adjustment to the threshold shall be made.

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‘‘(B) AMOUNT OF ADJUSTMENTS.—An adjust- scribed by the head of a covered postal enti- relating to a postal contract, the head of a ment under subparagraph (A) shall be made ty; covered postal entity may— in increments of $5,000. If the Postal Service ‘‘(2) the term ‘covered relationship’ means ‘‘(A) void that contract; and determines that a change in the Consumer a covered relationship described in section ‘‘(B) recover the amounts expended and Price Index for a year would require an ad- 2635.502(b)(1) of title 5, Code of Federal Regu- property transferred by the covered postal justment in an amount that is less than lations, or any successor thereto; and entity under that contract. $5,000, the Postal Service may not make an ‘‘(3) the term ‘final conviction’ means a ‘‘(2) OBTAINING OR DISCLOSING PROCUREMENT adjustment to the threshold for the year. conviction, whether entered on a verdict or INFORMATION.— ‘‘(4) EFFECTIVE DATE.—This subsection plea, including a plea of nolo contendere, for ‘‘(A) IN GENERAL.—In any case where a con- shall apply to any noncompetitive contract which a sentence has been imposed. tractor under a postal contract fails to time- awarded on or after the date that is 90 days ‘‘(b) IN GENERAL.— ly disclose a conflict of interest to the appro- after the date of enactment of the 21st Cen- ‘‘(1) REGULATIONS.—The head of each cov- priate contracting officer as required under tury Postal Service Act of 2012. ered postal entity shall prescribe regulations the regulations promulgated under sub- ‘‘(b) PUBLIC AVAILABILITY.— that— section (b)(1)(D), the head of a covered postal ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(A) require a covered employee to include entity may— the information required to be made publicly in the file of any noncompetitive purchase ‘‘(i) void that contract; and available by a covered postal entity under request for a noncompetitive postal contract ‘‘(ii) recover the amounts expended and subsection (a) shall be readily accessible on a written certification that— property transferred by the covered postal the website of the covered postal entity. ‘‘(i) discloses any covered relationship of entity under that contract. ‘‘(2) PROTECTION OF PROPRIETARY INFORMA- the covered employee; and ‘‘(B) CONVICTION OR ADMINISTRATIVE DETER- TION.—A covered postal entity shall— ‘‘(ii) the covered employee will not take MINATION.—A case described under subpara- ‘‘(A) carefully screen any description of the any action with respect to the noncompeti- graph (A) is any case in which— rationale supporting a noncompetitive award tive purchase request that affects the finan- ‘‘(i) there is a final conviction for an of- required to be made publicly available under cial interests of a friend, relative, or person fense punishable under section 27(e) of the subsection (a) to determine whether the de- with whom the covered employee is affili- Office of Federal Procurement Policy Act (41 scription includes proprietary data (includ- ated in a nongovernmental capacity, or oth- U.S.C. 423(e)); or ing any reference or citation to the propri- erwise gives rise to an appearance of the use ‘‘(ii) the head of a covered postal entity de- etary data) or security-related information; of public office for private gain, as described termines, based upon a preponderance of the and in section 2635.702 of title 5, Code of Federal evidence, that the contractor or someone ‘‘(B) remove any proprietary data or secu- Regulations, or any successor thereto; acting for the contractor has engaged in con- rity-related information before making pub- ‘‘(B) require a contracting officer to con- duct constituting an offense punishable licly available a description of the rational sult with the ethics counsel for the covered under section 27(e) of that Act. supporting a noncompetitive award. postal entity regarding any disclosure made ‘‘§ 707. Congressional oversight authority ‘‘(c) WAIVERS.— by a covered employee under subparagraph ‘‘The Postal Service may not enter into ‘‘(1) WAIVER PERMITTED.—If a covered post- (A)(i), to determine whether participation by any contract that restricts the ability of al entity determines that making a non- the covered employee in the noncompetitive Congress to exercise oversight authority.’’. competitive purchase request publicly avail- purchase request would give rise to a viola- (b) TECHNICAL AND CONFORMING AMEND- able would risk placing the Postal Service at tion of part 2635 of title 5, Code of Federal MENT.—The table of chapters for part I of a competitive disadvantage relative to a pri- Regulations (commonly referred to as the title 39, United States Code, is amended by vate sector competitor, the senior procure- ‘Standards of Ethical Conduct for Employees adding at the end the following: ment executive, in consultation with the ad- of the Executive Branch’); ‘‘7. Contracting Provisions ...... 701’’. vocate for competition of the covered postal ‘‘(C) require the ethics counsel for a cov- entity, may waive the requirements under ered postal entity to review any disclosure f subsection (a). made by a contracting officer under subpara- GOLD STAR WIVES DAY ‘‘(2) FORM AND CONTENT OF WAIVER.— graph (A)(i) to determine whether participa- ‘‘(A) FORM.—A waiver under paragraph (1) tion by the contracting officer in the non- Mr. REID. Mr. President, I ask unan- shall be in the form of a written determina- competitive purchase request would give rise imous consent the Senate proceed to S. tion placed in the file of the contract to to a violation of part 2635 of title 5, Code of Res. 420. which the noncompetitive purchase agree- Federal Regulations (commonly referred to The PRESIDING OFFICER. The ment relates. as the ‘Standards of Ethical Conduct for Em- clerk will report the resolution by ‘‘(B) CONTENT.—A waiver under paragraph ployees of the Executive Branch’), or any title. (1) shall include— successor thereto; ‘‘(i) a description of the risk associated ‘‘(D) under subsections (d) and (e) of sec- The legislative clerk read as follows: with making the noncompetitive purchase tion 2635.50 of title 5, Code of Federal Regula- A resolution (S. Res. 420) designating April request publicly available; and tions, or any successor thereto, require the 5, 2012, as ‘‘Gold Star Wives Day.’’ ‘‘(ii) a statement that redaction of sen- ethics counsel for a covered postal entity Without objection, the Senate pro- sitive information in the noncompetitive to— ceeded to consider the resolution. purchase request would not be sufficient to ‘‘(i) authorize a covered employee that Mr. REID. Mr. President, I ask unan- protect the Postal Service from being placed makes a disclosure under subparagraph (A)(i) imous consent the resolution be agreed at a competitive disadvantage relative to a to participate in the noncompetitive postal private sector competitor. contract; or to, the preamble be agreed to, and the ‘‘(3) DELEGATION OF WAIVER AUTHORITY.—A ‘‘(ii) disqualify a covered employee that motions to reconsider be laid upon the covered postal entity may not delegate the makes a disclosure under subparagraph (A)(i) table. authority to approve a waiver under para- from participating in the noncompetitive The PRESIDING OFFICER. Without graph (1) to any employee having less au- postal contract; objection, it is so ordered. thority than the senior procurement execu- ‘‘(E) require a contractor to timely dis- The resolution (S. Res. 420) was tive. close to the contracting officer in a bid, so- agreed to. ‘‘§ 705. Review of ethical issues licitation, award, or performance of a postal The preamble was agreed to. contract any conflict of interest with a cov- ‘‘If a contracting officer identifies any eth- The resolution, with its preamble, ered employee; and ical issues relating to a proposed contract ‘‘(F) include authority for the head of the reads as follows: and submits those issues and that proposed covered postal entity to a grant a waiver or S. RES. 420 contract to the designated ethics official for otherwise mitigate any organizational or the covered postal entity before the award- Whereas the Senate honors the sacrifices personal conflict of interest, if the head of ing of that contract, that ethics official made by the spouses and families of the fall- the covered postal entity determines that shall— en members of the Armed Forces of the the waiver or mitigation is in the best inter- ‘‘(1) review the proposed contract; and United States; ests of the Postal Service. ‘‘(2) advise the contracting officer on the Whereas Gold Star Wives of America, Inc. ‘‘(2) POSTING OF WAIVERS.—Not later than appropriate resolution of ethical issues. represents the spouses and families of the 30 days after the head of a covered postal en- members and veterans of the Armed Forces ‘‘§ 706. Ethical restrictions on participation in tity grants a waiver described in paragraph of the United States who have died on active certain contracting activity (1)(F), the head of the covered postal entity duty or as a result of a service-connected dis- ‘‘(a) DEFINITIONS.—In this section— shall make the waiver publicly available on ability; ‘‘(1) the term ‘covered employee’ means— the website of the covered postal entity. Whereas the primary mission of Gold Star ‘‘(A) a contracting officer; or ‘‘(c) CONTRACT VOIDANCE AND RECOVERY.— Wives of America, Inc. is to provide services, ‘‘(B) any employee of a covered postal enti- ‘‘(1) UNLAWFUL CONDUCT.—In any case in support, and friendship to the spouses of the ty whose decisionmaking affects a postal which there is a final conviction for a viola- fallen members and veterans of the Armed contract as determined by regulations pre- tion of any provision of chapter 11 of title 18 Forces of the United States;

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.016 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2452 CONGRESSIONAL RECORD — SENATE April 17, 2012 Whereas, in 1945, Gold Star Wives of Amer- ice and civic engagement in more than and providing other significant acts of ica, Inc. was organized with the help of Elea- 100 countries around the world. service for their peers and for adults. nor Roosevelt to assist the families left be- Mr. President, the participation of I am so proud of all of these young hind by the fallen members and veterans of youth in service to their communities Alaskans. I value their idealism, en- the Armed Forces of the United States; is more than just a way to spend a Sat- ergy, creativity, and unique perspec- Whereas the first meeting of Gold Star Wives of America, Inc. was held on April 5, urday afternoon. All year long, young tives as they volunteer to make their 1945; people across America, indeed—across communities better and assist those in Whereas April 5, 2012, marks the 67th anni- the globe—identify and address the need. versary of the first meeting of Gold Star needs of their communities, make posi- Many similarly wonderful activities Wives of America, Inc.; tive differences in the world around will be taking place all across the Na- Whereas the members and veterans of the them, learn leadership and organiza- tion. I encourage all of my colleagues Armed Forces of the United States bear the tional skills, and gain insights into the to learn about and applaud the selfless burden of protecting the freedom of the peo- problems of their fellow citizens. and creative youth who are contrib- ple of the United States; and The positive effects of this service uting in their own States this year. Whereas the sacrifices of the families of Mr. REID. Mr. President, I ask unan- the fallen members and veterans of the are not limited to the projects our young people complete. Youth who are imous consent the resolution be agreed Armed Forces of the United States should to, the preamble be agreed to, and the never be forgotten: Now, therefore, be it engaged in volunteer service and serv- Resolved, That the Senate— ice-learning activities do better in motions to reconsider be laid upon the (1) designates April 5, 2012, as ‘‘Gold Star school than their classmates who do table. The PRESIDING OFFICER. Without Wives Day’’; not volunteer because they see a direct objection, it is so ordered. (2) honors and recognizes— connection to what they are learning (A) the contributions of the members of The resolution (S. Res. 421) was Gold Star Wives of America, Inc.; and and the real world in which they live. agreed to. (B) the dedication of the members of Gold Youth who engage in volunteering and The preamble was agreed to. Star Wives of America, Inc. to the members other positive activities are also more The resolution, with its preamble, and veterans of the Armed Forces of the likely to avoid risky behaviors, such as reads as follows: United States; and drug and alcohol use, crime, and prom- S. RES. 421 (3) encourages the people of the United iscuity. Service within the community Whereas Global Youth Service Day is an States to observe Gold Star Wives Day to also contributes positively to young annual event that celebrates and mobilizes promote awareness of— people’s character development, civic the millions of children and young people (A) the contributions and dedication of the who improve their communities each day of members of Gold Star Wives of America, Inc. participation, and philanthropic activ- ity as adults. the year through community service and to the members and veterans of the Armed service-learning projects; Forces of the United States; and Youth service also plays a role in en- couraging our young people to stay in Whereas Global Youth Service Day, a pro- (B) the important role Gold Star Wives of gram of Youth Service America, is the larg- America, Inc. plays in the lives of the school. A survey by Civic Enterprises est and longest-running service event in the spouses and families of the fallen members found that 47 percent of high school world dedicated to engaging youth ages 5 and veterans of the Armed Forces of the dropouts reported that boredom in through 25; United States. school was a primary reason why they Whereas, in 2012, Global Youth Service Day f dropped out. High quality service- is being observed for the 24th consecutive year in the United States and for the 13th GLOBAL YOUTH SERVICE DAY learning activities can, however, help young people see that school matters year globally in more than 100 countries; Whereas nearly 1⁄3 of the population of the Mr. REID. Mr. President, I ask unan- to them personally. imous consent that the Senate now United States (approximately 104,000,000 peo- It is important, therefore, that the 1 proceed to S. Res. 421. ple) and nearly ⁄2 of population of the world Senate encourage youth to engage in is under the age of 25; The PRESIDING OFFICER. The community service and to congratulate Whereas Global Youth Service Day assists clerk will report the resolution by them for the service they provide. children and young people to position them- title. In an effort to recognize and support selves as active citizens and community The legislative clerk read as follows: youth volunteers in my State, I am leaders as they apply their knowledge, skills, A resolution (S. Res. 421) designating April proud to acknowledge some of the idealism, energy, creativity, and unique per- 20 through 22, 2012, as ‘‘Global Youth Service young people who have participated in spectives to serve their communities and Day.’’ help address a myriad of critical issues; community service activities over the Whereas thousands of students and teach- There being no objection, the Senate past year. Last year, the members of ers in conjunction with local schools, col- proceeded to consider the resolution. the Youth Advisory Board for Anchor- leges, and universities are planning Global Ms. MURKOWSKI. Mr. President, I age’s Promise partnered with various Youth Service Day activities as part of a Se- rise to speak about a resolution I have community and faith-based organiza- mester of Service, an extended service-learn- submitted designating April 20 through tions in Anchorage and held a ‘‘Soli- ing campaign launched on Martin Luther 22, 2012, as Global Youth Service Day.’’ darity Sleep Out’’ event that taught King, Jr. Day of Service, in which young peo- My resolution recognizes and com- both middle school and high school stu- ple spend the semester addressing a mean- mends the significant community serv- ingful community need connected to inten- dents what it means to be homeless tional learning goals or academic standards ice efforts that youth are making in and what can be done to help. I am told over the course of not less than 70 hours; communities across the country and that the impact of this event was huge Whereas Global Youth Service Day partici- around the world on this weekend in and long-lasting. This year, these pants are serving in conjunction with other April and every day. This resolution young leaders have decided to focus on community events, including Earth Day, J- also encourages the citizens of the the problems of suicide and bullying— Serve, Great American Bake Sale National United States to acknowledge and sup- two major issues facing Anchorage and Challenge Weekend, National Volunteer port these volunteer efforts. Passage of our entire State. Their goal is to find Week, Kiwanis One Day, Alpha Phi Omega’s this resolution sends a very strong Spring Youth Service Day, Sigma Alpha ways to bring more awareness, re- Epsilon’s True Gentleman Day of Service, message of support to the thousands of sources, and funding to these two National Day of Silence, National Environ- youth across our great Nation who are issues. mental Education Week, National Park contributing positively to their com- In addition to these efforts, young Week, National Student Leadership Week, munities—your efforts are recognized people from across my home State and and World Malaria Day; and appreciated. this country have and will continue to Whereas Global Youth Service Day engages Beginning Friday, April 20, youth engage in projects such as helping the millions of young people worldwide with the from across the United States and homeless, the hungry, and the elderly. support of the Global Youth Service Network around the world will carry out com- In fact, young people from across Alas- of Youth Service America, including more than 200 National and Global Partners, 125 munity service projects in areas rang- ka turn their energy and initiative to State and local Lead Agencies and Lead Or- ing from hunger to literacy to the envi- projects such as restoring salmon ganizers, and thousands of local schools, ronment. Through this service, many streams, combating domestic violence, afterschool programs, youth development or- will embark on a lifelong path of serv- raising money for community needs, ganizations, community organizations, faith-

VerDate Mar 15 2010 03:52 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A17AP6.010 S17APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 17, 2012 CONGRESSIONAL RECORD — SENATE S2453 based organizations, government agencies, and the motions to reconsider be laid the 2012 National Collegiate Athletic Asso- businesses, neighborhood associations, upon the table. ciation Division II Men’s Basketball Cham- tribes, and families; The PRESIDING OFFICER. Without pionship. Whereas Youth Service America will pro- objection, it is so ordered. There being no objection, the Senate vide support to more than 800 schools and The resolution (S. Res. 422) was proceeded to consider the resolution. community organizations, including State Mr. REID. Mr. President, I ask unan- Farm GYSD Lead Agency and Good Neighbor agreed to. grants, UnitedHealth Heroes grants, Sodexo The preamble was agreed to. imous consent that the resolution be Foundation Youth, Lead Organizer, and The resolution, with its preamble, agreed to, the preamble be agreed to, School Engagement grants, Disney Friends reads as follows: the motions to reconsider be laid upon for Change grants, and Learn and Serve S. RES. 422 the table, with no intervening action America STEMester of Service grants; or debate, and that any statement re- Whereas on April 2, 2012, the University of Whereas, in 2011, youth volunteers who en- lated to the measure be printed in the gaged in Global Youth Service Day projects Kentucky Wildcats defeated the University of Kansas Jayhawks, 67 to 59, in the final RECORD. served an estimated 1,417,000 hours of service The PRESIDING OFFICER. Without that benefitted at least 885,000 individuals game of the National Collegiate Athletic As- and contributed $30,267,120 worth of time to sociation (referred to in this preamble as objection, it is so ordered. their communities; ‘‘NCAA’’) Division I Men’s Basketball Tour- The resolution (S. Res. 423) was Whereas high-quality community service nament in New Orleans, Louisiana; agreed to. and service-learning programs increase— Whereas the Kentucky Wildcats have won 8 The preamble was agreed to. (1) the academic engagement and achieve- national titles, the second most in NCAA Di- The resolution, with its preamble, ment of young people; vision I men’s basketball history; reads as follows: Whereas the Kentucky Wildcats are the (2) the workforce readiness and 21st cen- S. RES. 423 tury skills of young people; only men’s Division I college basketball pro- Whereas, on March 24, 2012, for the first (3) the civic knowledge and engagement of gram to have won NCAA national champion- time in the 110-year history of the Western young people; ships under 5 different coaches; Washington University men’s basketball pro- (4) the intercultural understanding and Whereas freshman center Anthony Davis gram, the Western Washington University global citizenship of young people; and was— Vikings won the National Collegiate Ath- (5) the connectedness and commitment of (1) the recipient of the John R. Wooden letic Association (commonly referred to as young people to their communities; and Award, the Naismith Trophy, and the Adolph F. Rupp Trophy, all for national player of the ‘‘NCAA’’) Division II Men’s Basketball Whereas the National and Community the year; Championship with a victory over the Uni- Service Act of 1990 (42 U.S.C. 12501 et seq.) (2) named the United States Basketball versity of Montevallo by a score of 72 to 65; calls on the Corporation for National and Writers Association player of the year, Asso- Whereas Western Washington University Community Service, other Federal agencies ciated Press player of the year, and Basket- guard John Allen, one of the most accurate and departments, and the President of the ball Times player of the year; and free-throw shooters in the country, with a United States to recognize and support (3) selected to the Associated Press All- free-throw percentage of 88.7 percent, made 4 youth-led activities: Now, therefore, be it America first team and as the Most Out- free throws in a row to end a late comeback Resolved, That the Senate— standing Player of the NCAA Final Four by the University of Montevallo in the (1) recognizes and commends the signifi- tournament; fourth quarter; cant contributions of young people of the Whereas forward Michael Kidd-Gilchrist, Whereas the Vikings finished the 2012 sea- United States and the world and encourages guard Doron Lamb, and center Anthony son with an impressive record of 31 wins and the continued engagement and support of Davis were selected as members of the NCAA 5 losses; young people dedicated to serving their Final Four All-Tournament team; Whereas head coach Brad Jackson was neighbors, their communities, and their Whereas senior guard Darius Miller of named the National Association of Basket- countries; Maysville, Kentucky set a school record for ball Coaches Division II Coach of the Year; (2) designates April 20 through 22, 2012, as career games played with the Kentucky Whereas the members of the 2012 Western ‘‘Global Youth Service Day’’; and Wildcats men’s basketball team at 152; Washington University men’s basketball (3) calls on the people of the United States Whereas each player, coach, athletic train- team are excellent representatives of a uni- to observe Global Youth Service Day by— er, and staff member of the University of versity that, as one of the premier academic (A) encouraging young people to partici- Kentucky basketball team dedicated their institutions in the State of Washington, pro- pate in community service and service-learn- season and their tireless efforts to the suc- duces many outstanding student-athletes, ing projects and to join their peers in those cessful season of the team and the NCAA leaders, and scholars; and projects; championship; Whereas the members of the 2012 Western (B) recognizing the volunteer efforts of the Whereas residents of the Commonwealth of Washington University men’s basketball young people of the United States through- Kentucky and Wildcats fans worldwide are team have brought great honor to them- out the year; and commended for their long-standing support, selves, their families, Western Washington (C) supporting the volunteer efforts of perseverance, and pride in the team; and University, and the State of Washington: young people and engaging them in meaning- Whereas Coach John Calipari and the Uni- Now, therefore, be it ful community service, service-learning, and versity of Kentucky Wildcats have brought Resolved, That the Senate— decision-making opportunities as an invest- pride and honor to the Commonwealth of (1) congratulates Western Washington Uni- ment in the future of the United States. Kentucky, which is rightly known as the col- versity for winning the 2012 National Colle- f lege basketball capital of the world: Now, giate Athletic Association Division II Men’s therefore, be it Basketball Championship; CONGRATULATING THE UNIVER- Resolved, That the Senate— (2) recognizes the achievements of the SITY OF KENTUCKY MEN’S BAS- (1) commends and congratulates the Uni- players, coaches, students, and staff whose KETBALL TEAM versity of Kentucky Wildcats on its out- hard work and dedication helped Western standing accomplishment; and Washington University win the champion- Mr. REID. Mr. President, I ask unan- (2) respectfully requests that the Secretary ship; and imous consent that the Senate proceed of the Senate transmit a copy of this resolu- (3) respectfully requests that the Secretary to the consideration of S. Res. 422, tion to the president of the University of of the Senate transmit an enrolled copy of which was submitted earlier today. Kentucky. this resolution to— (A) Bruce Shepard, President of Western The PRESIDING OFFICER. The f clerk will report the resolution by Washington University; CONGRATULATING WESTERN (B) Lynda Goodrich, Director of Athletics title. WASHINGTON UNIVERSITY of Western Washington University; and The legislative clerk read as follows: (C) Brad Jackson, head coach of the West- A resolution (S. Res. 422) commending and Mr. REID. Mr. President, I ask unan- ern Washington University men’s basketball congratulating the University of Kentucky imous consent that the Senate proceed team. Men’s Basketball Team for winning its to the consideration of S. Res. 423, f eighth Division I National Collegiate Ath- which was submitted earlier today. letic Association Championship. The PRESIDING OFFICER. The ORDERS FOR WEDNESDAY, APRIL There being no objection, the Senate clerk will report the resolution by 18, 2012 proceeded to consider the resolution. title. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: imous consent that when the Senate imous consent that the resolution be A resolution (S. Res. 422) congratulating completes its business today, it ad- agreed to, the preamble be agreed to, Western Washington University for winning journ until Wednesday, April 18, at 9:30

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CONCURRENT RESOLUTION ON HONORING EARL SCRUGGS DR. ROBERT DILLMAN THE BUDGET FOR FISCAL YEAR 2013 HON. HAROLD ROGERS HON. LOU BARLETTA OF KENTUCKY SPEECH OF OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH Tuesday, April 17, 2012 IN THE HOUSE OF REPRESENTATIVES OF OHIO Mr. ROGERS of Kentucky. Mr. Speaker, I Tuesday, April 17, 2012 IN THE HOUSE OF REPRESENTATIVES rise today to honor the life and legacy of Earl Mr. BARLETTA. Mr. Speaker, I rise today to Wednesday, March 28, 2012 Scruggs, who passed away on March 28, 2012. He was a noted banjo player whose honor Dr. Robert Dillman, who will be retiring The House in Committee of the Whole style changed the way the banjo is played and as President of East Stroudsburg University House on the state of the Union had under whose music will endure for generations. on June 30, 2012, after sixteen years of serv- consideration the bill (H. Con. Res. 112) es- Born on January 6, 1924 in western North ing the university and our region. East tablishing the budget for the United States Stroudsburg University is one of the fourteen Government for fiscal year 2013 and setting Carolina, Scruggs came into a musical family. forth appropriate budgetary levels for fiscal His parents, brothers and sisters all had musi- state universities that compose the Pennsyl- years 2014 through 2022: cal talents and traditional music was heard all vania State System of Higher Education. It of- around him. His love for music started at an fers 7,387 students a world class education. Mr. KUCINICH. Mr. Chair, I rise in support early age after watching his older brothers Dr. Dillman, a native of Brooklyn, N.Y., came of the Budget offered by the Congressional master the banjo, which promoted his interest to East Stroudsburg University after several Progressive Caucus. This budget and the oth- in playing. The support and practice he re- ers we are considering tonight and tomorrow years of experience in higher education, and ceived at home with his family produced an morning speak volumes about the country we undoubtedly left his mark. Dr. Dillman dem- artist who would go on to leave an indelible would like to see. The Budget for All is the onstrated extraordinary leadership at East mark on traditional American and bluegrass only budget under consideration that cuts war Stroudsburg University. By recognizing the im- music. funding, funding from the bloated Defense portance of science and technology, he posi- budget, and a slew of subsidies for corpora- Scruggs began his remarkable 67-year ca- tioned the university as a key economic devel- tions and for the rich. reer in music in 1945 when he began playing opment force in Northeastern Pennsylvania. with Bill Monroe, the father of Bluegrass During his tenure, East Stroudsburg University This bill includes language that mirrors my music, and his band the Blue Grass Boys. On own efforts in Congress. The first is an exam- became the first university in the United States these earliest recordings, his peculiar style of to offer an undergraduate degree in computer ple of a corporate subsidy that is rescinded by playing the banjo, which brought out a synco- this budget. It removes the tax deduction for security. The university also established its pated rolling rhythm using three fingers as op- award-winning Business Accelerator Program, advertising and marketing junk food and fast posed to the old ‘‘clawhammer’’ style, was im- which joined the Ben Franklin Business Incu- food to children. We should not be using tax- mediately recognized as a fresh approach to bator Network and the University City Science payer money—about $2 billion every year—to playing the instrument. This style has been Center’s Port of Technology. In addition, make the childhood obesity crisis even worse imitated by so many players that today it is re- President Dillman led the expansion of the Di- for the sake of boosting the profits of the junk ferred to as the ‘‘Scruggs style’’ and is the food and fast food industry. If this tax break preferred style among many musicians in tra- vision of Research and Economic Develop- were to be revoked, it has been estimated that ditional and bluegrass music. Bluegrass music ment, which serves as a vital educational re- the number of overweight children in the U.S. is an essential part of the heritage of my con- source for technology-based entrepreneurs. would be reduced by more than 5–7 percent. gressional district in Southern and Eastern Furthermore, he spearheaded the establish- This bill also provides relief for states strug- Kentucky, and many of the musicians in my ment of the university’s world-class Science gling with financial crises by allowing them to region were influenced by him and play the and Technology Center, which houses the de- move to a single-payer model of health care. banjo in his style. partments of computer security and bio- If the residents of a state demand it because In 1948, Scruggs joined forces with band technology, accommodates other sciences they want their businesses to be more com- mate Lester Flatt to form Flatt & Scruggs, and with classrooms, equipment, and labs, and is petitive, they want higher quality health care, the two played together for over 20 years. In home to a state-of-the-art planetarium and a and they want coverage for everyone in the the 1970s, he formed the band Earl Scruggs soon-to-come natural sciences museum. state, the federal government should not stand Revue and expanded his audiences into Dr. Dillman made substantive changes to in their way. This is an issue I have worked on genres where the banjo is not commonly the campus environment at East Stroudsburg for years now. I was able to win, by a bipar- heard, and even shared the stage with many tisan vote, an amendment to the health care by giving numerous faculty, staff, students, folk, rock, and pop acts of the time, broad- and community members the opportunity to reform bill in 2009 that would have helped ening the reach of traditional and bluegrass states go to a single payer health care sys- take the world-renowned professional develop- music. Even those who are not familiar with ment workshop titled Seven Habits for Highly tem. Though it was stripped out by the Admin- bluegrass music have likely heard Scruggs’ istration, it was one of the first single-payer Effective People, which he brought to the uni- playing on ‘‘The Ballad of Jed Clampett,’’ versity. As a result, university administrators Congressional victories in U.S. history and it which was the theme song for The Beverly are better equipped to effectively reach out to showed there is an appetite in Congress for Hillbillies television program, as well as his students, while the students themselves are moving forward. Grammy Award winning ‘‘Foggy Mountain more prepared to enter the professional world Finally, and most importantly, this budget Breakdown.’’ upon graduation. provides for full public financing of elections, Earl Scruggs was a two time Grammy mirroring a constitutional amendment I have Award winner, inducted into the Country Music Mr. Speaker, today, Dr. Robert Dillman introduced. Public financing of elections bene- Hall of Fame, and the Bluegrass Music Hall of stands as an important bearer of change to fits the public. Private financing of elections Honor, as well as a recipient of the National Northeastern Pennsylvania and the nation. I benefits private interests. Medal of Arts in 1992. His presence on stage commend him for his years of committed serv- I urge my colleagues to support the FY will be sorely missed, but his music will last for ice to East Stroudsburg University, his state, 2013 Budget for All. many years to come. and country.

∑ 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 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A17AP8.001 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E544 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 CONGRATULATIONS TO THE The Shriners of Oman Temple No. 72 of the once anthracite coal became a major source SWEENY CIVIC CLUB Ancient Egyptian Arabian Order Nobles of the of energy used to power our nation. During Mystic Shrine have a long and distinguished the Industrial Revolution, immigrants from Eu- HON. RON PAUL 54-year history of charitable work and commu- rope settled in Dunmore in hope of starting a OF TEXAS nity outreach that has been a Shrine Organi- new life. In the process, they built a strong IN THE HOUSE OF REPRESENTATIVES zation tradition since 1893. Educational schol- community that would last for future genera- arships, illiteracy programs, medical research, tions. Tuesday, April 17, 2012 anti-drug programs, crime prevention and the Over the years, Dunmore’s men and women Mr. PAUL. Mr. Speaker, on April 29, 2012, fight against the Sickle Cell disease and dia- have defended this nation in times of conflict. the Sweeny Civic Club, the oldest female civic betes are just a few of the contributions In fact, Dunmore resident, Carol Ann Drazba, service organization in Brazoria County, Shriners across America have made through- was the first female casualty of the Vietnam Texas, will celebrate the 100th anniversary of out their long history. War when her helicopter crashed in 1966. its founding by six Texas women whose goal Illustrious Potentate Carnell Edward Smith, Dunmore’s youth need only to look to NASA was to form an organization ‘‘to do good who received his Master of Business Adminis- astronaut, Paul Richards, who graduated from works and charitable deeds.’’ I am pleased to tration in 2007, is currently enrolled in a pro- Dunmore High School in 1982, for inspiration congratulate the members of the club on their gram of applied management and decision to see what is possible when they are deter- century of service to the community of science leading to a Doctorate of Philosophy. mined to succeed. Rising to the occasion is Sweeny, Texas. He has been a dedicated Mason for more what Dunmore’s residents do every day The Sweeny Civic Club led the effort to cre- than 10 years and it is fitting that this talented through their hard work and dedication to im- ate the Sweeney public school system and the community servant is being honored as Oman prove their community. Sweeney Public library. Supporting education Temple No. 72 58th Illustrious Potentate. Although the trolley cars and steam engines remains a passion of the Sweeny Civic Club Carnell Edward Smith serves my constitu- may be gone, many Dunmore establishments to this day. The club’s work to ensure the chil- ents on a daily basis as a skilled Internet, data have stood the test of time. Financial institu- dren of Sweeney obtain a first-class education and hardware technology specialist with the tions like Fidelity Deposit and Discount Bank alone makes them worthy of commendation. City of Flint. Over the years he has been in- and the First National Bank of Dunmore have However, the Sweeney Civic Club’s contribu- volved in numerous charitable activities bene- served customers from their locations on Dun- tions are hardly limited to education. The fiting the American Diabetes Association, Big more Corners for more than 100 years. Also, Sweeny Civic Club has played a vital role in Brothers Big Sisters, Meals on Wheels and Dunmore High School, though newly ren- making sure the people of Sweeny have ac- providing Thanksgiving dinner for needy fami- ovated, has remained in the same statuesque cess to quality health care by working to build lies in his community. Working with a local building since 1937. In addition, Holy Cross and support the Sweeny Community Hospital. community group, Illustrious Potentate Smith High School resides in the former Bishop They also played a key role in building the helped adopt a classroom at Carpenter Ele- O’Hara High School and Dunmore Central Sweeny Cemetery. These are just some of the mentary School to provide financial support for Catholic buildings, which were built in 1964. many ways the members of the club have students. Carnell Edward Smith is a remark- The high school continues to educate students worked to fulfill their objective ‘‘to promote able and accomplished leader and an exem- from throughout Lackawanna County under civic and social improvement through orga- plary model for Shriners and all of us who the Diocese of Scranton. Mr. Speaker, today, Dunmore remains an nized efforts and to promote the interests and value community service and civic dedication. important community in Northeastern Pennsyl- improvement of the City of Sweeney.’’ Mr. Speaker, please join me in recognizing vania due to both its history and future. I com- The highlight of the 100th anniversary cele- the Illustrious Potentate Carnell Edward Smith, mend Dunmore’s residents for their 150 years bration will be the unveiling and dedication of a distinguished leader from my hometown of of being a vital part of our region, and I wish ‘‘Lady Civic,’’ a life-sized statue of a women Flint, Michigan who is being honored at the them continued success. dress in 19th century fashion. ‘‘Lady Civics’’ Oman Temple No. 72 Annual Potentate Ball. f symbolizes the Sweeny Civic Club’s founders, f and is the club’s latest gift to the city of IN RECOGNITION OF HOUSE PAR- Sweeney. This statue is a fitting tribute to all PERSONAL EXPLANATION LIAMENTARIAN JOHN SULLIVAN the women who have worked with the Sweeny Civics Club, freely dedicating their time and HON. TRENT FRANKS HON. DENNIS J. KUCINICH talents to improving the lives of their fellow OF ARIZONA OF OHIO residents of Sweeny. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES The Sweeny Civic Club’s 1900 years of Tuesday, April 17, 2012 service to their community stands as a shining Tuesday, April 17, 2012 example of how citizens acting together can Mr. FRANKS of Arizona. Mr. Speaker, had Mr. KUCINICH. Mr. Speaker, I rise today in better their communities. The Sweeny Civic I been present for rollcall vote No. 152, I recognition of John Sullivan upon the comple- Club’s many accomplishes should serve as would have voted ‘‘yes.’’ tion of his exemplarily service as Parliamen- model and inspiration to us all. It is therefore f tarian of the House of Representatives. For 25 my pleasure to offer my congratulations to the years Parliamentarian Sullivan’s unsurpassed BOROUGH OF DUNMORE, Sweeney Civic Club on their centennial and knowledge and dedication to the integrity of PENNSYLVANIA extend my best wishes for many more years his office has proven to be an indispensible of service to the people of Sweeney. asset to the work of this institution. f HON. LOU BARLETTA It is clear that Parliamentarian Sullivan OF PENNSYLVANIA cares deeply for this country. Before becoming HONORING CARNELL EDWARD IN THE HOUSE OF REPRESENTATIVES Parliamentarian, Mr. Sullivan had served in SMITH, 54TH ILLUSTRIOUS PO- the Office of the Parliamentarian for seventeen Tuesday, April 17, 2012 TENTATE OF OMAN TEMPLE NO. years. He also acted as counsel to the Armed 72 OASIS OF FLINT-DESERT OF Mr. BARLETTA. Mr. Speaker, I rise to honor Services Committee, as well as Judge Advo- MICHIGAN the Borough of Dunmore, Pennsylvania, which cate in the U.S. Air Force for seven years. celebrated its 150th anniversary of being in- Parliamentarian Sullivan has earned the ad- HON. DALE E. KILDEE corporated as an independent borough on miration of many through his demonstrated OF MICHIGAN April 10, 2012. Dunmore is a vital part of ability to provide essential and unbiased ad- IN THE HOUSE OF REPRESENTATIVES Northeastern Pennsylvania, and it has a proud vice which few others could provide. In a town history. often divided along partisan lines, Parliamen- Tuesday, April 17, 2012 Although Dunmore was incorporated as a tarian Sullivan has faithfully served as the rare Mr. KILDEE. Mr. Speaker, I rise today to borough in 1862, its roots date back as far as voice of independence which has garnered re- honor Carnell Edward Smith on the occasion 1783, when founder William Allsworth first set- spect from both sides of the aisle. His commit- of the Oman Temple No. 72 Annual Potentate tled in the area. Allsworth opened a tavern ment to his post and colleagues has ensured Ball on May 5, 2012 where Shriners in my that served the subsequent settlers and trav- that the office which he is leaving is suffi- hometown of Flint, Michigan will celebrate the elers. Like many other communities in the re- ciently capable of maintaining his high stand- esteemed Illustrious Potentate Smith. gion, Dunmore underwent a great change ard of performance.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.003 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E545 Mr. Speaker and Colleagues please join me ship Academy in 2009. The Sisters of Loretto as an executive at Prudential Financial. In in recognizing the career of House Parliamen- have formed amazing partnerships with local 1970, he became the first African-American tarian John Sullivan and wishing him and his organizations on the ground and have galva- president of the National Council of YMCAs. family all the best in the future. nized a network of co-member volunteers. To Representative Payne entered public life in f name a few of its many roles, the Loretto 1972 when he was elected to the Essex Community NGO has consultative status at County Board of Chosen Freeholders. Ten HONORING THE SISTERS OF the United Nations and comprises a Loretto LORETTO years later he was elected to the Newark Mu- Hunger Fund, as well as a Committee for Ra- nicipal Council where he served three terms. cial Justice. The Sisters have also built memo- In 1988, Donald became the Representative of HON. BARBARA LEE rials for victims of slavery as well as those New Jersey’s 10th Congressional District, and OF CALIFORNIA who have died from AIDS. the first African-American to represent New IN THE HOUSE OF REPRESENTATIVES Clearly, the trailblazing roots of this frontier Jersey in Congress. As Chair of the Congres- Tuesday, April 17, 2012 organization, have persisted and flourished sional Black Caucus, he was a relentless de- over the last 200 years. Altogether, the Sisters Ms. LEE of California. Mr. Speaker, I rise fender and supporter of education related of Loretto and their colleagues have founded issues. He was an inspiration and a friend. today to honor the extraordinary and contin- nearly 300 U.S. schools, colleges, centers and ued legacy of the Sisters of Loretto upon their service programs, supporting the education He was preceded in death by his wife, 200th Anniversary and Jubilee. With a current and growth of close to one million American Hazel Johnson, and is succeeded by son Don- global reach in education ministry spanning citizens. And, as a proud former student of the ald Jr., daughters Wanda and Nicole, four multiple continents, the Sisters of Loretto and Sisters of Loretto at St. Joseph School in El grandchildren and one great-grandchild. their extended network spend each day on a Paso, Texas, and 2002 recipient of their Mary Mr. Speaker and Colleagues please join me spiritual mission to promote peace and justice, Rhodes Award for peace and justice, I know in sending our condolences to the family and environmental stewardship, and, above all, firsthand what their movement for quality friends of Donald M. Payne who so faithfully high-quality education for children everywhere. women’s education has done for our nation, cared for and served his community. On April 25, 1812, the Sisters of Loretto at and the world. They planted the seeds for my the Foot of the Cross came to fruition through work for peace and justice. And for that, I am f the humble and steadfast commitment of three deeply grateful. American frontier women in central Kentucky Therefore, on behalf of California’s 9th Con- HONORING THEODORA J. KALIKOW named Mary Rhodes, Ann Havern and Chris- gressional District, I salute the Sisters of tina Stuart. With the long-time counsel and Loretto and thank them for their immense support of local pastor, Father Charles service. I congratulate all of you upon this in- HON. MICHAEL H. MICHAUD Nerinckx, the women dedicated their lives to credible milestone, and join you in looking OF MAINE communal living and prayer. Little did they ahead toward centuries’ more work from the know at the time, that their lifetime commit- Sisters of Loretto in pursuit of education, en- IN THE HOUSE OF REPRESENTATIVES ment to teaching local poor children and hous- lightenment, peace and progress. ing orphans would spur a global movement. Tuesday, April 17, 2012 f The women’s selfless work under extreme Mr. MICHAUD. Mr. Speaker, I rise today to frontier conditions inspired scores of other PERSONAL EXPLANATION recognize the accomplishments of Dr. women to join the religious order. In a model Theodora J. Kalikow on the occasion of her of faith and service, the Sisters made their HON. ADAM B. SCHIFF retirement as President of the University of special purpose the education and instruction OF CALIFORNIA Maine at Farmington. of girls and young women of every faith and IN THE HOUSE OF REPRESENTATIVES economic means, including those still Since Dr. Kalikow’s arrival at the University enslaved under the law. Over the next two Tuesday, April 17, 2012 of Maine at Farmington in 1994, the university has gained national recognition as one of decades, membership grew to 130 women Mr. SCHIFF. Mr. Speaker, I was unavoid- America’s top public liberal arts colleges and overseeing nine frontier schools in Kentucky ably absent from the House on April 16, 2012 is a superior model of educational excellence and Missouri. And over the next century, they due to important commitments in my district. and academic opportunity. founded 99 additional schools in territories that On rollcall 152, had I been present I would would become 13 different states. have voted ‘‘yea’’ on H.R. 3001, the Raoul As President, Dr. Kalikow has overseen the The Sisters of Loretto continued to expand Wallenberg Centennial Celebration Act. addition of many new degree programs and the work of education westward, first by On rollcall 153, had I been present I would has presided over the construction of new steamboat to Missouri and Louisiana. Then, have voted ‘‘yea’’ on H.R. 4040, providing for campus facilities, including a community arts by wagon train to New Mexico, mail coach to the award of a gold medal on behalf of Con- center, an education center, and a residence Colorado, and by train to Texas, Arizona and gress to Jack Nicklaus in recognition of his hall. She has also focused on expanding stu- California. Ultimately, the order contributed to service to the Nation. dent opportunities for internships and under- burgeoning systems of American education in f graduate research. more than 40 states. In one chapter of Sisters Another of Dr. Kalikow’s notable accom- IN RECOGNITION OF THE LATE of Loretto history from 1898 to 1922, the vi- plishments at UMF has been her tireless pur- HONORABLE DONALD M. PAYNE sionary leadership of Superior General Mother suit of high environmental sustainability stand- Praxedes Carty SL brought greater emphasis ards. Under her leadership, the University of to women’s higher education goals. Mother HON. DENNIS J. KUCINICH Maine at Farmington is now recognized as Praxedes was one of the first leaders of her OF OHIO one of America’s ‘‘Top Green Colleges’’ by the time to insist that Loretto Sisters would need IN THE HOUSE OF REPRESENTATIVES Princeton Review. Dr. Kalikow’s environmental master’s- and doctorate-level educational Tuesday, April 17, 2012 efforts earned her the Green Building Leader- training for their teaching. In 1916, a time ship Award from the Maine Chapter of the when universities were almost exclusively off- Mr. KUCINICH. Mr. Speaker, I rise today in U.S. Green Building Council in 2007. limits to women, Mother Praxedes erected honor of the late Honorable Donald M. Payne, Loretto College for women in St. Louis, Mis- so that we may commemorate his extraor- Dr. Kalikow has received recognition within souri (now known as Webster University). dinary life of dedication and commitment to the state of Maine for her contributions to the From being among the first invited women service. community of Farmington and to the state at participants at Vatican II to moving toward Born in 1952 in Newark, New Jersey, he large. In 2001, she was inducted into the greater, independent social peace and justice graduated from Seton Hall University and pur- Maine Women’s Hall of Fame. She has also efforts in the 20th century, the organization sued post graduate studies at Springfield Col- been the recipient of the University of Maine’s has had a presence in China (as early as lege. A former English and social studies Maryann Hartman Award and the University of 1923), Europe, South and Central America teacher, he also coached football at Malcolm New England’s Deborah Morton Award. (Guatemala, Bolivia and Peru), as well as in X Shabazz High School, which was then Mr. Speaker, please join me in honoring Dr. recent years, Uganda, Pakistan and Ghana, called South Side High School. He was Vice- Theodora J. Kalikow for her many years of where they co-opened Blessed Trinity Leader- President of Urban Data Systems Inc. as well dedication and service to the state of Maine.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K17AP8.003 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E546 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 HONORING THE 11TH ANNUAL Mr. Speaker and colleagues, please join me WORLD CIRCUS DAY—APRIL 21, AMERICA’S YOUNG HEROES CON- in recognizing the 100th anniversary of the 2012 TEST birth of Raoul Wallenberg; may his courage serve as a guide to all of us who are com- HON. VERN BUCHANAN HON. THEODORE E. DEUTCH mitted to the protection of human rights. OF FLORIDA OF FLORIDA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Tuesday, April 17, 2012 Tuesday, April 17, 2012 REGARDING THE BEHAVIOR OF Mr. BUCHANAN. Mr. Speaker, I rise today Mr. DEUTCH. Mr. Speaker, I rise today in GENERAL SERVICES ADMINIS- to recognize April 21, 2012 as World Circus celebration of the 11th annual America’s TRATION EMPLOYEES Day, a day of celebration when children of all Young Heroes contest, which honors students ages celebrate the art, culture, and laughter of who have created visual art, film, poetry and the circus. With over 40 countries celebrating, essays to promote self-empowerment and HON. SHELLEY BERKLEY we recognize an art form that not only amazes combat bullying. These students have un- and entertains, but also builds bridges be- doubtedly fostered more tolerant communities OF NEVADA tween cultures and people across the globe. In 2008, the World Circus Federation was in South Florida as well as across the country, IN THE HOUSE OF REPRESENTATIVES created and established World Circus Day as and I applaud their efforts. an opportunity to celebrate circus culture and Last year in the United States, nearly 5.7 Tuesday, April 17, 2012 heritage. million middle school and high school students Ms. BERKLEY. Mr. Speaker, I rise today to The circus in America is a beloved and en- were bullied. Even more tragic is the fact that strongly condemn reckless spending by a during art form. For over 200 years, the circus almost one in five teens who were victims of group of employees from GSA, the General has entertained generations with amazing bullying contemplated ending their own lives. Services Administration, whose actions are feats of physical skill, comedy, theater, and America’s Young Heroes provides a vital plat- now the subject of multiple hearings in both music, while exposing us to the cultures and form for teens to address these problems in a the House and Senate. wonders of the world. way that helps promote positive change. Today’s circus continues to amaze and in- I congratulate the organizers and partici- The misuse of taxpayer dollars by these spire children of all ages by bridging genera- pants of the America’s Young Heroes contest GSA employees is truly deplorable. And it tions and cultures in the pursuit of the very for operating under the shared belief that in comes at a time when families in Nevada and best in circus arts and skill. From St. Louis’s America, no child should be afraid to go to across our Nation are tightening their belts. own Circus Harmony working with urban school because he or she is experiencing bul- The lesson from this outrageous incident is youth, to the Galilee Circus which uses circus lying. It is my hope that because of their ef- clear: government must spend every penny in arts to bring Jewish and Arab children to- forts, we can work towards a future where all ways that serve the American people’s inter- gether, social circus exemplifies the very best schools are a safe place for students to learn ests, not the interests of those entrusted with of the circus culture as a means of creating and grow. overseeing the use of these taxpayer re- friendships and understanding that transcends f sources. borders, economics, politics, and religion. The great state of Florida is home to many RAOUL WALLENBERG CENTENNIAL President Obama has acted swiftly in de- of the best-known and longest-operating cir- ACT manding accountability from top GSA officials cuses in the country, including the Ringling who failed in their leadership roles and I com- Bros. and Barnum & Bailey Circus, Clyde SPEECH OF mend his response to the reckless GSA Beatty-Cole Bros. and Circus Sarasota. Many spending that has been revealed. HON. DENNIS J. KUCINICH of these famous circuses and the artists who OF OHIO Unfortunately, some of the comments that perform with them call the 13th District of Flor- IN THE HOUSE OF REPRESENTATIVES have been made surrounding the GSA scan- ida ‘‘home.’’ Monday, April 16, 2012 dal are meant to create the impression that Known as ‘‘Circus City USA,’’ Sarasota Las Vegas itself is part of the problem. boasts the world-renowned John and Mable Mr. KUCINICH. Mr. Speaker, I rise today in I want to make one thing clear to those Ringling Museum, the legacy of famed circus recognition of the 100th anniversary of Raoul impresario John Ringling, whose vision for es- looking to use these events as an opportunity Wallenberg’s birth. Raoul Wallenberg con- tablishing Sarasota as a thriving cultural cen- to bash Las Vegas or to point fingers in our tinues to be one of the most respected and ter is still alive today. Now under the steward- direction—Las Vegas is not to blame. courageous humanitarians to have sacrificed ship of Florida State University, the Ringling his life to save thousands of Hungarian Jews Mr. Speaker, it’s not where GSA went, it’s Museum is home to a vast collection of Euro- during the Holocaust. what GSA spent. pean art and sculpture as well as its famed Born on August 4, 1912 in Stockholm, Swe- And the issue is not Las Vegas, it’s the ac- Tibbals Learning Center, home to the Howard den, Wallenberg was a Swedish diplomat and tions of certain GSA employees who must be Bros. Circus model—the largest miniature cir- a true humanitarian who creatively and coura- held accountable for their stunning lack of cus in the world. geously came up with measures to protect good judgment, blatant disregard for cost and Internationally recognized, our hometown Hungarian Jews from persecution and death for thumbing their noses at the rules. Circus Sarasota is a non-profit organization during the German invasion of Hungary during dedicated to the preservation and continuation World War II. He hung Swedish flags in front There is no better destination on Planet of circus arts in our community. Founded by of nearly 30 houses, declaring them Swedish Earth for meetings, conferences, or conven- circus great Dolly Jacobs, daughter of famous territory—turning these ‘‘Swedish houses’’ into tions than my hometown. No city does it better Ringling Bros. clown Lou Jacobs, and partner protected territory in which Hungarian Jews than Las Vegas. Pedro Reis, Circus Sarasota’s ‘‘Laughter Un- could seek shelter. He also distributed thou- And the problem is not the men and women limited’’ program exemplifies the notion that sands of Swedish ‘‘protective passes,’’ even in my community who work in the tourism in- ‘‘laughter is the best medicine,’’ reaching out as some were in the midst of being deported, dustry and who provide hospitality to tens of to hospitals and senior centers to bring joy prompting their release from German authori- millions of visitors from around the globe each and comfort. Its annual circus performances ties and saving their lives. year. These moms and dads bring home pay- showcase some of the finest circus talent in Posthumously, Mr. Wallenberg has been checks from an industry that is vital to the the world today. honored by countries throughout the world in economy of Las Vegas—the community I rep- Circus Sarasota is also home to the Sara- numerous capacities. There are awards, resent—and to cities all across Nevada. sota Sailor Circus, in operation since 1949 streets, parks and schools named after him, and the oldest continuously running youth cir- countless memorials erected in his honor, and So, while I join my colleagues in calling for cus in America. in 1981, Congress passed legislation to make a thorough investigation into this incident, I From the iconic Ringling Bridge across him an Honorary Citizen of the United States. hope the focus will remain on the actions of Sarasota Bay to the main thoroughfare Ring- His life is celebrated annually on October 5th GSA employees and their behavior, and not ling Boulevard, the Ringling Bros and Barnum in more than a dozen states. His bravery con- on the location where these misdeeds took & Bailey legacy is also ever present. Begin- tinues to be an inspiration. place. ning with John Ringling’s decision to relocate

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.009 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E547 his annual winterquarters rehearsals to Sara- memorate the 100th anniversary of the Chesh- the Lilley Families in the Lilley’s Quarter sec- sota in 1927, Ringling Bros. remains in many ire Fire Department. tion of Williamston. Later, he inherited the ways synonymous with our area. John and Following a devastating fire at the old Wa- Woolard family farm located in the Farm Life Charles Ringling—two of the five original Ring- verly Inn the citizens of Cheshire came to- Community of Williamston and Babe and his ling brothers who turned a small traveling cir- gether on the 13th of February, 1912 to dis- son Willie continue to farm the land today. cus into an international entertainment em- cuss how to protect their community from the Like many Americans of his generation, pire—wielded incredible influence on the econ- threat of fires. This first community meeting Babe was called to serve his country during omy, development, culture, and character of would lead to the organization of the Cheshire World War I. He bravely defended the United this same quaint village on beautiful Sarasota Fire Department on February 27th of that year States and its allies against the tyranny per- Bay. and the chartering of its first twenty-seven petrated by the Axis of Evil by serving in the Now in its 142nd year, and under the stew- members a month later. The Department’s first U.S. Army with the all Black 3,685th Trucking ardship of the Feld family, the Greatest Show call would come that April to respond to a Division. I commend him for his bravery and on Earth continues to call the Sarasota area chimney fire at the home of one of the Depart- thank him for his selfless service to this great home. ment’s trustees, Mr. A.S. Bennett. country. Almost everywhere you look in Sarasota, Over the past century the Cheshire Fire De- When he returned from his service in Eu- our circus heritage is evident. The ever pop- partment has grown from its original hand- rope with the U.S. Army, Babe married Ms. ular Circus Ring of Fame, established in 1988 drawn Chemical Cart and Hook and Ladder Verna Mae Brown. The two reared seven chil- at St. Armand’s circle, pays tribute to the Truck (the Department wouldn’t have a motor- dren together—Hattie, Verna, Dianne, Mary, greats of the circus world, including such ized Fire Truck until 1916) to a modern force Doris, Angela, and Willie—and they settled Sarasota notables as famed animal trainer, with seven engines and several other vehicles back in Babe’s hometown of Williamston. Gunter Gebel-Williams, clowns Lou Jacobs across three stations. Throughout its history Babe and Verna Mae were married for 70 and Emmett Kelley and great artists such as the Department has remained an organization wonderful years filled with love, caring, and the Flying Wallendas and the Zacchinis. deeply connected with the community it compassion until she passed away on June Mr. Speaker, on behalf of the generations of serves. The 100 firefighters of the Department 20, 2011. circus artists, producers, and animal trainers are all volunteers who dedicate their time, and Babe is many things, but above all else he that call the 13th District of Florida home, I risk their lives, for the safety of their neigh- is a man of God. He has attended Cedar Hill take this opportunity to wish you all a very bors. In fact, Fire Chief Jack Casner is the first Missionary Baptist Church in Williamston most happy World Circus Day! paid career fire chief in the Department’s his- of his life. The fellowship and community pro- f tory. vided by his church has sustained Babe The volunteers and professionals of the through the highs and lows of life. I admire his IN RECOGNITION OF THE COUNCIL Cheshire Fire Department continually strive to faith. ON AMERICAN-ISLAMIC RELA- provide the utmost level of safety and security Mr. Speaker, I ask my colleagues to join me TIONS to their community. As the north side of in congratulating Mr. William Henry Woolard Cheshire has seen a dramatic growth in busi- on his 90th birthday—or his 23rd birthday. No HON. DENNIS J. KUCINICH ness development, the Department has initi- matter how you add it up, Babe has always OF OHIO ated plans to open a fourth fire station in north lived his life to the fullest. May he celebrate IN THE HOUSE OF REPRESENTATIVES Cheshire to improve response times and qual- this and many more birthdays in the future. Tuesday, April 17, 2012 ity of service. This ability to adapt and expand f Mr. KUCINICH. Mr. Speaker, I rise today to while remaining focused on the needs of the IN REMEMBRANCE OF THE recognize the Council on American-Islamic community has characterized the Cheshire HONORABLE LILLIAN W. BURKE Relations (CAIR) Ohio Chapter. Fire Department throughout its now 100-year CAIR is a nationwide, nonprofit organization history and is why the Fire Department is the HON. DENNIS J. KUCINICH oldest continually operating municipal depart- whose mission is to ‘‘enhance the under- OF OHIO ment in Cheshire. standing of Islam, encourage dialogue, protect IN THE HOUSE OF REPRESENTATIVES In reflection of the 100 years of tireless civil liberties, empower American Muslims and Tuesday, April 17, 2012 build coalitions that promote justice and mu- dedication to community and public safety in tual understanding.’’ For the past ten years, Cheshire, I ask my colleagues to join me in Mr. KUCINICH. Mr. Speaker, I rise today in CAIR Ohio has played an instrumental role in recognizing and honoring this 100 year anni- honor and remembrance of the Honorable Lil- helping to bridge the divides between Greater versary of the Cheshire Fire Department, the lian W. Burke, the first African American fe- Cleveland’s diverse communities. lives and properties saved by its efforts, and male judge in the State of Ohio. CAIR Ohio’s Tenth Annual Banquet will pro- the daily risks its volunteers take to protect the Judge Burke was born in 1917 in Pittsburgh, vide a platform for vibrant discourse led by town of Cheshire. Pennsylvania. In 1946, she graduated from this year’s distinguished speakers: Mr. Faisal f The Ohio State University with a degree in Kutty, of Valparaiso University School of Law, education and subsequently began working as CONGRATULATING MR. WILLIAM a teacher in Cleveland Public Schools. While Osgoode Hall Law School of York University HENRY ‘‘BABE’’ WOOLARD ON and KSM Law and Imam Abu Farah of the teaching, Judge Burke also attended Cleve- THE OCCASION OF HIS 90TH land Marshall College of Law. She graduated American Muslim Youth Leadership Council BIRTHDAY and CAIR-Tampa. I commend these speakers with her law degree and passed the Ohio Bar for their efforts to promote civil liberties and in 1951. Soon thereafter, Judge Burke served as the social justice. HON. G. K. BUTTERFIELD Mr. Speaker and colleagues, please join me OF NORTH CAROLINA assistant attorney general for three years be- in recognizing the Council on American-Is- IN THE HOUSE OF REPRESENTATIVES fore being appointed to the Ohio Industrial Commission. Judge Burke was appointed to lamic Relations Ohio Chapter for their tenth Tuesday, April 17, 2012 years of outstanding achievement. May their the Cleveland Municipal Court in 1969. She Mr. BUTTERFIELD. Mr. Speaker, I rise efforts to promote dialogue and create a more served on the bench until her retirement in today to send warm regards to Mr. William inclusive world continue to endure. 1987. Henry ‘‘Babe’’ Woolard who celebrated his In addition to her trailblazing career as a f 90th birthday on February 29, 2012. Babe is judge, Judge Burke was deeply involved in the HONORING THE CHESHIRE FIRE in the very unique position of being born dur- Greater Cleveland community. She worked DEPARTMENT ing a Leap Year and on Leap Day. In fact, he with the Cleveland Restoration Society, City celebrates his birthday only every four years Planning Commission, Cleveland Foundation HON. CHRISTOPHER S. MURPHY so he has only experienced 23 actual birth- African-American Outreach Advisory Com- OF CONNECTICUT days. mittee, National Council of Negro Women, City Babe was born to Mr. Henderson and Ms. Club and National Association for the Ad- IN THE HOUSE OF REPRESENTATIVES Ida Woolard on February 29, 1922 in vancement of Colored People. Judge Burke Tuesday, April 17, 2012 Williamston, North Carolina and is one of six also set up the Lillian Walker Burke Scholar- Mr. MURPHY of Connecticut. Mr. Speaker, children. Like many in eastern North Carolina, ship for students of John Marshall College of as a Cheshire resident, I rise today to com- Babe went in to farming and was a farmer for Law.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.011 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E548 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 Mr. Speaker and colleagues, please join me ees were not exempt from the insider trading when the Act says that nothing in the Act shall in honoring the memory of the Honorable Lil- prohibitions at the time, we deemed it impor- be in derogation of the obligations, duties or lian W. Burke. Her career will continue to tant to affirm explicitly that no such exemption functions of Members or employees of Con- serve as an inspiration for years to come. existed and that these individuals do in fact gress, this is not intended to permit Members f owe a duty of trust and confidence to the U.S. or staff to use this provision as a shield to government and the American people. [See, forestall liability for insider trading. RECOGNIZING APRIL AS e.g., Statement of Robert Khuzami, SEC Di- f PARKINSON’S AWARENESS MONTH rector of Enforcement, to Committee on Homeland Security and Governmental Affairs IN REMEMBRANCE OF MR. HON. CAROLYN B. MALONEY (Dec. 1, 2011); SEC v. Cheng Yi Liang, et al., TYRONE ‘‘HAWK’’ HAWKINS OF NEW YORK Exchange Act Rel. No. 21097 (March 29, IN THE HOUSE OF REPRESENTATIVES 2011 (bringing insider trading charges against HON. DENNIS J. KUCINICH a FDA employee alleging that he violated a Tuesday, April 17, 2012 OF OHIO duty of trust and confidence owed to the fed- IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, as a co-chair eral government under certain governmental of the Congressional Caucus on Parkinson’s rules of conduct when he traded in advance of Tuesday, April 17, 2012 Disease, I am pleased to recognize April as confidential FDA drug approval announce- Mr. KUCINICH. Mr. Speaker, I rise today in Parkinson’s Awareness Month. It is critical that ments); United States v. Royer, 549 F.3d 886 honor and memory of Tyrone ‘‘Hawk’’ Haw- we raise awareness of this debilitating disease (2d. Cir. 2008) (affirming a conviction of an kins, who worked for over two decades at the and continue to work towards discovering FBI agent for tipping information about ongo- Parmadale Institute, a facility that provides a treatments and eventually, a cure. ing investigations and information on law en- modern, safe, and secure residential and be- As the second most common forcement databases); SEC v. John Acree, havioral health treatment environment for ado- neurodegenerative disease in the United Litigation Rel. No. 14231, 57 SEC Docket lescents. States, it’s estimated that there are between 1579 (Sept. 13, 1994) (announcing a settled Mr. Hawkins was born on April 21, 1952 as 500,000 and 1.5 million Americans living with action with a former employee of the Office of the fourth child to Thomas and Ethel Hawkins. Parkinson’s and as the baby boomer genera- the Comptroller of the Currency for trading on Mr. Hawkins grew up in Cleveland, Ohio and tion ages, this number will only increase. the basis of material non-public information graduated from John F. Kennedy High School Parkinson’s disease is a chronic, progres- concerning banks); United States v. Rough, in 1971. In 1976, he earned a degree in Social sive neurological disease that debilitates those Crim. No. 88–425 (D.N.J. 1988) (indictment of Work from Cleveland State University. living with Parkinson’s and affects their fami- former New York Federal Reserve Bank mem- Mr. Hawkins had a passion for working with lies, as well. There is no therapy or drug to ber for revealing highly sensitive nonpublic in- children, which led him to begin a career at slow its progression and a cure has yet to be formation regarding changes in the Fed’s dis- Hillcrest School in Cincinnati. In 1990, Mr. found. As the loved one of someone afflicted count rate); SEC v. Saunders, Litigation Rel. Hawkins began working at the Parmadale In- by Parkinson’s disease, I witnessed personally No. 9744, 26 SEC Docket 75 (September 2, stitute, helping thousands of children with their the toll that Parkinson’s disease took on my 1982) (announcing settled action with the behavioral health needs. Mr. Hawkins’ com- father. As a result, I know firsthand that we former Director for Communications for a divi- passion and understanding were a constant at must provide support to the loved ones, care- sion of the Naval Electronics Systems Com- Parmadale, where he often stayed long past givers and researchers attempting to improve mand for purchasing securities while in pos- closing time talking to the children and staff. the welfare of those living with Parkinson’s. session of material nonpublic information con- I offer my most sincere condolences to his I call for continued research funding to iden- cerning a contract award); Code of Conduct wife, Jacqueline; daughter, Tanisha; and his tify treatments and a cure. I also applaud the for United States Judges, Canon 4(D)(5) (stat- grandchildren. Mr. Hawkins will be dearly many advocates, medical staff, volunteers, ing ‘‘A judge should not disclose or use non- missed by his family and friends, especially and organizations who work tirelessly to ad- public information acquired in a judicial capac- the staff and children of Parmadale. vance the quality of life for those living with ity for any purpose unrelated to the judge’s of- Mr. Speaker and colleagues, please join me Parkinson’s disease and their loved ones. ficial duties’’); Code of Conduct for Judicial in honoring Tyrone Hawkins, who served the f Employees, Canon 3(D) (stating ‘‘A judicial children of his community with love and devo- employee should never disclose any confiden- tion. STOP TRADING ON CONGRES- tial information received in the course of offi- f SIONAL KNOWLEDGE (STOCK) cial duties except as required in the perform- ACT ance of such duties, nor should a judicial em- HONORING MARIA ANTONIA ployee employ such information for personal ‘‘TONI’’ JUAREZ HON. TIMOTHY J. WALZ gain.’’).] OF MINNESOTA In affirming that the insider trading prohibi- HON. HENRY CUELLAR IN THE HOUSE OF REPRESENTATIVES tions applied to these individuals in the same OF TEXAS way they apply to everyone else, we made it Tuesday, April 17, 2012 IN THE HOUSE OF REPRESENTATIVES perfectly clear that nothing in the Act—not the Tuesday, April 17, 2012 Mr. WALZ. Mr. Speaker, I rise today on be- affirmation of the duties, nor the instructions to half of myself and Representative LOUISE M. issue interpretive guidance, nor the interpre- Mr. CUELLAR. Mr. Speaker, I rise today to SLAUGHTER to note the end of a successful tive guidance that may be issued as a result— honor the late Maria Antonia ‘‘Toni’’ Juarez, a journey in good government reform. Six years can be construed to limit or impair the con- devoted teacher and friend to the community ago, the Stop Trading on Congressional struction of the antifraud provisions of the se- in South Texas. Ms. Juarez modeled the virtue Knowledge (STOCK) Act was introduced for curities laws or the authority of the SEC under of charity throughout her lifetime and the im- the first time in the House of Representatives. those provisions. We included an unambig- pact of her care for children and those in need We reintroduced this bill for the fourth time on uous rule of construction applicable to the en- will resonate even after her passing. March 17, 2011 and a little over a year later, tire Act, as well as unambiguous savings As a Laredo native, Ms. Juarez was active we are proud to see the language we intro- clauses in the amendments being made to the in the community. At the young age of six, she duced to ban insider trading, signed into law. Exchange Act, that make that clear. was already involved in assisting her parish, Since the President signed the bill (S. 2038, Thus, when the Act instructs the Ethics San Jose Church by teaching catechism. Her 112th Congress; P.L. 112–105) on April 4th, Committee, Office of Government Ethics or Saturday mornings were dedicated to cleaning 2012, we would like to submit for the record Judicial Conference of the U.S. to issue inter- the Church and her evenings were spent prac- our intent in regards to banning Congressional pretive guidance to clarify that government of- ticing choir or participating in meetings de- insider trading with the STOCK Act. This over- ficials cannot use nonpublic information as a voted to Saint Theresa. She graduated from whelming bipartisan legislation is a significant means for making a ‘‘private profit’’, this is not Saint Augustine High School in 1953 where accomplishment for Congress, and we would intended to—and in fact does not—limit or she met her husband, Beto Juarez and mar- like to have the record state our original intent. more narrowly define any insider trading re- ried a year after graduation. Though Members of Congress and their quirements that currently exist in the law, nor Ms. Juarez resumed her education at the staffs, executive branch employees, and fed- limit or more narrowly define any ethical prohi- University of Texas between 1967 and 1969 eral judges and other federal judicial employ- bitions that may currently exist. Similarly, while serving as Preschool Head Teacher in

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.007 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E549 the City of Austin Child Development Program. graduated from the Catholic University of and coached young boys’ baseball teams, Her family, including her six children and hus- America in 1950 with a law degree. In addi- gaining inspiration from the boys he coached. band spent another academic year, 1969– tion, he is a former chairman of the Board of He was a champion of the underdog, the un- 1970, in Guadalajara. While in Mexico, she Directors of the University of Scranton, derserved, and his community, and his family continued to catalogue archival materials and Marywood College, and the Scranton School was always his first love. to serve as preschool consultant and trainer at District. During his six decade career, Judge The per-curiam order memorializing his judi- the American School of Guadalajara and com- Conaboy has serviced clients at the local, cial career which was adopted by his col- pleted Montessori training by correspondence. state, and federal level. leagues on the Court upon his retirement The couple and their six children then moved Furthermore, Judge and Mrs. Conaboy are sums up Justice Glaze’s career. to Davis, California from 1970 to 1975 where both deeply admired for their strong faith and Justice Glaze is known by his colleagues in she was offered the job of Preschool Head continual devotion to family. Together, they the legal community as a defender of those Teacher. In 1975 she was appointed Regional have served our community loyally as they unable to protect themselves. A voice for Education Coordinator at Woodland for the continue to serve their family. children in need, he was an early proponent Butte County Schools. Even though she was Mr. Speaker, today, the Honorable Richard of foster care reform in this state. Justice Conaboy and Mrs. Marion Conaboy stand as Glaze advocated for the establishment of working full-time, she managed to obtain her full-fledged courts for children’s issues and Bachelor of Arts degree in Child Development leaders in northeastern Pennsylvania. I com- has long encouraged the appointment of at- from Sacramento State University in 1974. mend them for their years of admirable service torneys ad litem to represent children. John In 1975, the family returned to Laredo to our community and country, and I wish F. Kennedy said, ‘‘let the public service be a where Ms. Juarez was appointed Child Devel- them continued success in the future. proud and lively career’’. It has been so for opment Program Director for the city of La- f Justice Tom Glaze. To analogize his legal ca- redo. She became a full-time graduate student reer to the game of baseball, which has al- thereafter and earned her Master of Arts de- IN HONOR AND REMEMBRANCE OF ways been close to his heart, Tom Glaze gree in Early Childhood Education and Read- HIS HOLINESS POPE SHENOUDA III pitched a ‘‘complete and perfect game’’. ing from Laredo State University in 1987. Her Judge Glaze leaves his wife Phyllis, his work as a kindergarten teacher at United Inde- HON. DENNIS J. KUCINICH daughters, Julie Glaze Houlihan (John), Amy pendent School District in 1987–1988 was one OF OHIO Glaze, and Ashley Glaze (Brett), and his sons of the most enriching experiences. Offered a IN THE HOUSE OF REPRESENTATIVES Mike and Steve. I’m privileged to know Steve, who is married to my Washington Chief of position as adjunct instructor at Laredo State Tuesday, April 17, 2012 University, she jumped at the chance of train- Staff, Terri. Judge Glaze was also the devoted ing future teachers to carry out the work she Mr. KUCINICH. Mr. Speaker, I rise today in grandfather of eight. loves in child development. honor and remembrance of His Holiness Pope Mr. Speaker, I ask my colleagues to join me One of Ms. Juarez’s greatest commitments Shenouda III of the Coptic Orthodox Church, in extending our deepest and most sincere was her contribution to the Laredo Children’s who was a religious and spiritual leader. sympathy to Steve and Terri Glaze and the Museum Board of Trustees, having served as His Holiness was born Nazeer Gayed on entire Glaze family. Our nation has lost a man a member of the board since the early 1990s. August 3, 1923, in Egypt. Actively involved in of justice who loved his country and its Con- Simultaneously, she was devoted to teaching the Church throughout his entire life, Pope stitution, and whose public life and service religious courses to San Martin de Porres Shenouda III joined the Coptic Orthodox Semi- stand as a national model of a true patriot. Church and Adult Education and Ministry For- nary after graduation from Cairo University. f mation for the Diocese of Laredo until her On July 18, 1954, His Holiness became a OUR UNCONSCIONABLE NATIONAL passing. monk, and later a monk priest, and was Mr. Speaker, I am honored to have had the known as Fr. Antonious El-Syriani. He then DEBT opportunity to recognize the late Antonia became a hermit and lived in a cave for a pe- ‘‘Toni’’ Juarez. Her devotion to children, her riod of six years. On September 30, 1962, he HON. MIKE COFFMAN family and the community have truly impacted was consecrated Bishop of Christian Edu- OF COLORADO many lives. cation and President of the Coptic Orthodox IN THE HOUSE OF REPRESENTATIVES Theological Seminary. f Tuesday, April 17, 2012 On November 14, 1971, His Holiness was HONORABLE RICHARD CONABOY consecrated as the 117th Pope of Alexandria Mr. COFFMAN of Colorado. Mr. Speaker, AND MRS. MARION CONABOY and Patriarch of the See of St. Mark. During on January 20, 2009, the day President his tenure as Pope, His Holiness worked tire- Obama took office, the national debt was HON. LOU BARLETTA lessly on behalf of the youth of the Church. He $10,626,877,048,913.08. OF PENNSYLVANIA also published 101 books throughout his life Today, it is $15,654,638,525,397.64. We IN THE HOUSE OF REPRESENTATIVES spreading the message of the Coptic Church have added over 5 trillion dollars to our debt worldwide. in just over 3 years. This is debt our nation, Tuesday, April 17, 2012 Mr. Speaker and colleagues, please join me our economy, and our children could have Mr. BARLETTA. Mr. Speaker, I rise to honor in honoring the tireless work and life of His avoided with a balanced budget amendment. the Honorable Richard Conaboy and Mrs. Holiness Pope Shenouda III, and his dedica- f Marion Conaboy, two of the 2012 recipients of tion to the Coptic Orthodox Church. PEACE AND PROSPERITY the Governor Robert P. Casey Medal for a f Lifetime of Service. This award is presented annually by the Neighborhood Housing Serv- A TRIBUTE TO THE LIFE OF THE HON. DENNIS J. KUCINICH HONORABLE THOMAS A. GLAZE ices of Lackawanna County and given for a OF OHIO person’s contributions to the region throughout IN THE HOUSE OF REPRESENTATIVES the years. The Neighborhood Housing Serv- HON. ANNA G. ESHOO Tuesday, April 17, 2012 ices serves individuals and families through OF CALIFORNIA homeownership education and promotion, IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, on tax day, re- property rehabilitation and affordable lending. member the ramifications of waging wars For more than half of a century, Judge Tuesday, April 17, 2012 abroad. In 2011, thirty-nine percent of our in- Conaboy served as a fair jurist and an extraor- Ms. ESHOO. Mr. Speaker, I rise today to come tax dollars went to the Pentagon and dinary community leader. The Conaboys, as a honor the late Thomas A. Glaze, a retired Jus- war; only 9% for trade, commerce, education couple, have mastered the public-private part- tice of the Arkansas Supreme Court, who died and employment programs. nership. While Judge Conaboy served on the on March 30, 2012, in North Little Rock, Ar- The Center for Arms Control-Proliferation bench, Mrs. Conaboy served as the matriarch kansas, surrounded by his family. estimates that the wars in Iraq and Afghani- of a large and loving Scranton family. They Judge Glaze served a total of 30 years on stan have cost the average family of four al- are the parents of 12 children and grand- the bench, 22 of them on the Supreme Court most $13,000. National unemployment rates parents of 48 grandchildren. of Arkansas. He was an advocate for fair elec- continue to be between 9 and 10%, while our Judge Conaboy earned his bachelor’s de- tions, for legal assistance for the poor, for fos- families struggle to pay their mortgages, send gree in 1945 at the University of Scranton and ter children, and for all children. He taught law their kids to school and feed their families.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.016 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E550 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 Compared to the approximately $159 billion RECOGNIZING ALEXANDRIA CITY’S scribed as ‘‘the kind of person who saw a budgeted in Fiscal Year 2011 for wars, the $6 25TH ANNIVERSARY OF DAYS OF need and was aggressive enough to act on it,’’ billion Congress budgeted for the Workforce REMEMBRANCE, YOM HASHOAH as the cafeteria manager in the 1950s, Ms. Investment Act—primary federal program sup- Breaux instituted a free breakfast program for porting workforce development—is paltry. HON. JAMES P. MORAN students at Mcdonogh No. 24 Elementary We have nearly 23 million Americans either OF VIRGINIA School because she realized that a proper unemployed or underemployed, and about 5.5 IN THE HOUSE OF REPRESENTATIVES breakfast would increase the students’ ability million who are who have been unemployed to learn. She also went to the homes of stu- for 27 weeks or more. Wake up America, wars Tuesday, April 17, 2012 dents who were falling behind academically to are ruining our economy. Mr. MORAN. Mr. Speaker, I would like to encourage and support their academic devel- On tax day, remember our government has recognize Alexandria City’s 25th anniversary opment. Ms. Breaux was a member of the a responsibility to use our money wisely, not of Days of Remembrance, Yom HaShoah, for Second Free Mission Baptist Church for 90 to waste hard-earned tax dollars on unneces- the victims of the Holocaust. We are reminded years. Family and friends fondly remember her sary wars. by the words of Elie Wiesel, that ‘‘for the dead striking hats that she wore to church. The answer to war and economic decline is and the living, we must bear witness.’’ Bearing Ms. Breaux successfully raised and peace and prosperity. witness means standing by the victims of the mentored five children, ten grandchildren, and monstrous event that was the Holocaust, and four great-grandchildren. She is also survived f doing everything possible to ensure it doesn’t by ten grandchildren and four great-grand- happen again. children. Her powerful legacy will live on in SUPPORTING PROTECT YOUR There is a moral imperative for those of us each of her surviving relatives and will con- PHARMACY NOW! WEEK who, but for the luck of birth, benefit from tinue to inspire the many members of the peace and prosperity. Thus we also have the community whose lives she touched. HON. PETER T. KING responsibility to speak out for those who face I wish to join with Ms. Breaux’s family in OF NEW YORK the atrocities of starvation and oppression. In celebrating her exemplary life. IN THE HOUSE OF REPRESENTATIVES honoring the victims, and by lifting up the sur- f vivors, we bear witness to all victims of geno- Tuesday, April 17, 2012 A TRIBUTE TO NICK A. KELLER cidal aggression and violence by states or Mr. KING of New York. Mr. Speaker, I rise transnational agents of terror. today in support of the fifth annual Protect Unfortunately, genocide has not been eradi- HON. TOM LATHAM Your Pharmacy Now! week. With pharmacy cated. In the Sudan, the crisis continues. OF IOWA crime on the rise, it is important to acknowl- Sudan President Omar al-Bashir is currently IN THE HOUSE OF REPRESENTATIVES edge this problem and reflect on ways to im- blocking humanitarian and food aid to the Tuesday, April 17, 2012 prove safety measures. South Kordofan, Blue Nile, and Abyei regions Mr. LATHAM. Mr. Speaker, I rise today to The Protect Your Pharmacy Now! initiative along the border of South Sudan. Military ac- recognize and congratulate Nick Keller of offers resources to help pharmacies protect tion in the region has prevented the Sudanese Ames for achieving the rank of Eagle Scout. themselves and deter criminal activity. I ap- people from growing and planting food, threat- The Eagle Scout rank is the highest ad- plaud the National Community Pharmacists ening starvation. vancement rank in scouting. Only about five Association for making these resources avail- The Government of Sudan’s serious human percent of Boy Scouts earn the Eagle Scout able and for engaging and educating local rights violations have continued across dif- Award. The award is a performance-based pharmacies on this important issue. ferent parts of the country over the last dec- achievement with high standards that have As we have seen most recently with the ade. It is a tragedy, and an atrocity, and we been well-maintained over the past century. tragic incident in my district, it is essential to must stand together to stop what is occurring. To earn the Eagle Scout rank, a Boy Scout protect pharmacies and the general public ‘‘Never again’’ is a declaration of personal is obligated to pass specific tests that are or- from these dangerous situations. While there commitment. We can do nothing, and nothing ganized by requirements and merit badges, as is no one-size-fits-all approach to eradicating will change. Likewise, we can stand up, to well as completing an Eagle Project to benefit these crimes, I am committed to working with fight back—to make things better. On this, the the community. Nick’s project was to build a pharmacies, law enforcement and my col- 25th Anniversary of Alexandria’s Days of Re- covered shelter along Ada Hayden Lake’s leagues to address and eradicate this growing membrance, let us rededicate our resolve to highly traveled pedestrian trail on the outskirts problem. ending this modern day genocide, as one of of Ames. The work ethic Nick has shown in the best ways to honor those who perished this project, and every other project leading up f decades ago from the inhumanity of their fel- to his Eagle Scout rank, speaks volumes of low man. CONGRATULATORY REMARKS FOR his commitment to serving a cause greater OBTAINING THE RANK OF EAGLE f than himself and assisting his community. SCOUT RECOGNIZING MS. LUVENIA Mr. Speaker, the example set by this young BREAUX man and his supportive family demonstrates the rewards of hard work, dedication and per- HON. SANDY ADAMS severance. I am honored to represent Nick OF FLORIDA HON. CEDRIC L. RICHMOND and his family in the United States Congress. IN THE HOUSE OF REPRESENTATIVES OF LOUISIANA I know that all of my colleagues in the House Tuesday, April 17, 2012 IN THE HOUSE OF REPRESENTATIVES will join me in congratulating him in obtaining the Eagle Scout ranking, and will wish him Mrs. ADAMS. Mr. Speaker, I would like to Tuesday, April 17, 2012 continued success in his future education and congratulate Andrew Ryan McKelvey for Mr. RICHMOND. Mr. Speaker, I rise today career. achieving the rank of Eagle Scout. to honor Ms. Luvenia Breaux, a New Orleans For his Eagle Scout project, Andrew orga- resident and a member of the Women’s Auxil- f nized the collection and distribution of thou- iary Army Corps during World War II. Today, TRIBUTE TO ERLEEN DIDIER sands of pairs of socks and underwear for I wish to publicly pay tribute to Ms. Breaux’s men, women, and children in need. Through- service to our country as her family celebrates HON. HOWARD P. ‘‘BUCK’’ McKEON out the history of the Boy Scouts of America, her life and mourns her passing at the age of OF CALIFORNIA the rank of Eagle Scout has only been at- 94. IN THE HOUSE OF REPRESENTATIVES tained through dedication to concepts such as Members of the Women’s Army Corps were honor, duty, country and charity. By applying the first women other than nurses to serve Tuesday, April 17, 2012 these concepts to daily life, Andrew has prov- within the ranks of the United States Army. Mr. MCKEON. Mr. Speaker, I rise to recog- en his true and complete understanding of Their contributions to the war effort are widely nize the passing of Mrs. Erleen Didier, a be- their meanings, and thereby deserves this heralded. After completing her service in the loved community leader, wife, mother, great honor. Women’s Auxiliary Army Corps, Ms. Breaux grandmother, great-great grandmother, and I offer my congratulations on a job well done returned to Louisiana and dedicated her life to friend to all in my Congressional district of and best wishes for the future. serving the children of New Orleans. De- Lancaster, California.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.010 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E551 On March 13, 2012, the community of Lan- the community. Robert’s project transformed in 1985 from New Jersey Medical School in caster, and the greater Antelope Valley, said an unused grassy area into a prayer garden Newark, New Jersey. Dr. Bucci is a pioneer in goodbye to a member of ‘‘our greatest genera- for the St. Cecilia Church in Ames. The gar- refractive surgery, having performed the first tion.’’ She passed peacefully and now resides den required a great deal of landscaping mas- RK, AK, PRK and LASIK procedures in the in the hearts and minds of her family and the tery and includes a walking path among the Wyoming Valley of Pennsylvania. He per- people that she touched throughout her life. various plantings. The work ethic Robert has formed almost 8,000 refractive surgeries, in Mrs. Didier is survived by her eight children: shown in this project, and every other project addition to performing almost 25,000 other Mary, Joe, Katie, Pat, Ruth, Annie, Clete and leading up to his Eagle Scout rank, speaks microsurgical ophthalmic procedures. Addition- Mickie, 18 grandchildren and four great grand- volumes of his commitment to serving a cause ally, Dr. Bucci’s peers voted him as one of the children that will miss her dearly. Mrs. Didier greater than himself and assisting his commu- top 50 ophthalmologists in the United States, is reunited with her husband, Cletus, who nity. as published in Cataract & Refractive Surgery passed in June 1992. Mr. Speaker, the example set by this young Today. I hope my colleagues will join me in recog- man and his supportive family demonstrates In May 2003, Dr. Bucci founded the Hospice nizing the lifelong achievements of Mrs. Erleen the rewards of hard work, dedication and per- of Sacred Heart, which seeks to bring peace Didier. Without question, in her lifetime, the severance. I am honored to represent Robert and joy to those facing their end-of-life jour- community of Lancaster has been made better and his family in the United States Congress. neys. He currently serves as the Chairman of by her contributions and are worthy of recogni- I know that all of my colleagues in the House the Board of Directors for this non-profit orga- tion by the House of Representatives today. will join me in congratulating him in obtaining nization. f the Eagle Scout ranking, and will wish him Mr. Speaker, today, Dr. Frank A. Bucci continued success in his future education and stands as a role model in Northeastern Penn- CONGRATULATING PAUL GRESKY career. Thank you. sylvania. I commend him for his years of com- f mitted service to his patients, community, and HON. CORY GARDNER country, and I wish him continued success in OF COLORADO SUPPORTING THE SUPPLEMENTAL the future. NUTRITION ASSISTANCE PROGRAM IN THE HOUSE OF REPRESENTATIVES f Tuesday, April 17, 2012 HON. JIM McDERMOTT A TRIBUTE TO TYLER CONLON Mr. GARDNER. Mr. Speaker, it is my honor OF WASHINGTON to congratulate Paul Gresky on reaching the IN THE HOUSE OF REPRESENTATIVES HON. TOM LATHAM 15,000 mark in teaching the Hunter Education Tuesday, April 17, 2012 OF IOWA Certification. His lifelong commitment to safety IN THE HOUSE OF REPRESENTATIVES instruction is an invaluable contribution to Col- Mr. MCDERMOTT. Mr. Speaker, some of orado citizens and the responsible upholding my distinguished colleagues claim that we Tuesday, April 17, 2012 of our 2nd Amendment rights. We are grateful must cut spending to protect the future of our Mr. LATHAM. Mr. Speaker, I rise today to for the countless hours he has dedicated and country and our children. But what costs are recognize and congratulate Tyler Conlon of the leadership Paul has exhibited to better we willing to incur with reckless cuts to a crit- Sheffield for achieving the rank of Eagle Coloradans. ical program that has helped 46 million Ameri- Scout. Tyler is the first Eagle Scout honored Since 1974 Paul has educated our commu- cans stay fed? If we cut SNAP, we will be by Troop 24 of Sheffield, Iowa since 1948. nity in the safety necessary for firearm own- throwing the baby out with the bath water. The Eagle Scout rank is the highest ad- ers. In 1983 Paul began serving Coloradans Children make up nearly half of the Ameri- vancement rank in scouting. Only about five as a Master Instructor, receiving Instructor of cans who rely on food stamps. SNAP con- percent of Boy Scouts earn the Eagle Scout the Year in 1985. Now Paul has successfully tinues to play an instrumental role in our na- Award. The award is a performance-based reached the 15,000 mark. All of these are im- tion’s economic recovery, helping millions of achievement with high standards that have pressive feats. I commend Paul for his serv- struggling American families to feed their kids. been well-maintained over the past century. ice, not only because of his work teaching the With SNAP, students across the country can To earn the Eagle Scout rank, a Boy Scout Hunter Education Certification, but also be- start each day well-fed and ready to learn. is obligated to pass specific tests that are or- cause of his work in educating the Boy Scouts There’s no question that SNAP works. The ganized by requirements and merit badges, as of America who are involved in the National best way to shrink the program is not through well as completing an Eagle Project to benefit Rifle Association’s marksmanship and home funding cuts, but by making the American the community. The work ethic Tyler has firearms responsibility programs dream a reality for all Americans once again. shown in his Eagle Project, and every other Colorado is greatly indebted to individuals If we truly want to protect our children’s future, project leading up to his Eagle Scout rank, like Paul who continue to promote the safe we cannot steal food off their dinner tables. To speaks volumes of his commitment to serving and responsible use of firearms. I commend protect our future, we must protect SNAP. a cause greater than himself and assisting his him for his work and wish him the best as he f community. continues to make Colorado a safer place. Mr. Speaker, the example set by this young DR. FRANK A. BUCCI f man and his supportive family demonstrates the rewards of hard work, dedication and per- A TRIBUTE TO ROBERT BRYAN HON. LOU BARLETTA severance. I am honored to represent Tyler GRAVELINE OF PENNSYLVANIA and his family in the United States Congress. IN THE HOUSE OF REPRESENTATIVES I know that all of my colleagues in the House HON. TOM LATHAM Tuesday, April 17, 2012 will join me in congratulating him in obtaining OF IOWA the Eagle Scout ranking, and will wish him IN THE HOUSE OF REPRESENTATIVES Mr. BARLETTA. Mr. Speaker, I rise to honor continued success in his future education and Dr. Frank A. Bucci, one of the 2012 recipients Tuesday, April 17, 2012 career. Thank you. of the Governor Robert P. Casey Medal for a f Mr. LATHAM. Mr. Speaker, I rise today to Lifetime of Service. This award is presented recognize and congratulate Robert Graveline annually by the Neighborhood Housing Serv- TRIBUTE TO THE LIFE OF SARAH of Ames for achieving the rank of Eagle Scout. ices of Lackawanna County and given for a RANGEL GUTIERREZ The Eagle Scout rank is the highest ad- person’s contributions to the region throughout vancement rank in scouting. Only about five the years. The Neighborhood Housing Serv- HON. JOE BACA percent of Boy Scouts earn the Eagle Scout ices serves individuals and families through OF CALIFORNIA Award. The award is a performance-based homeownership education and promotion, IN THE HOUSE OF REPRESENTATIVES achievement with high standards that have property rehabilitation and affordable lending. been well-maintained over the past century. Dr. Frank A. Bucci is an internationally rec- Tuesday, April 17, 2012 To earn the Eagle Scout rank, a Boy Scout ognized expert in refractive and cataract sur- Mr. BACA. Mr. Speaker, I rise today to ask is obligated to pass specific tests that are or- gery. After completing his residency at the Al- Congress to pay tribute to a role model, loving ganized by requirements and merit badges, as bany Medical Center and the Jersey Shore wife, mother and grandmother, Sarah Rangel well as completing an Eagle Project to benefit Medical Center, he graduated medical school Gutierrez. Sarah passed away on April 3,

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.020 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E552 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 2012, she was nearly eighty-seven years old. Born in Buffalo in 1917, Nathan Benderson tensive landscaping renovation of the chapel I would like to extend my deepest condo- was a true visionary who leveraged a bottle- entrance at Riverside Bible Camp near Story lences to her family, especially Jimmy who salvaging company he created in the midst of City where he has spent several past sum- has been a friend. the Great Depression as a teenager into one mers himself. The work ethic Brady has Sarah was born in Santa Ana, California, of the Nation’s largest privately held real es- shown in his Eagle Project, and every other and raised in Pomona along with her three tate companies. Mr. Benderson personified the project leading up to his Eagle Scout rank, brothers and sister. Their childhood was American ideal of ingenuity and coupled that speaks volumes of his commitment to serving shaped by the Great Depression, which with an unwavering commitment to charity. a cause greater than himself and assisting his brought the family together and taught Sarah The Benderson Development Company, community. valuable lessons about the importance of a founded six decades ago in Buffalo, is now Mr. Speaker, the example set by this young strong family. Sarah attended public school in among the largest and most diverse devel- man and his supportive family demonstrates Pomona through the ninth grade. At school, opers in the Nation. During that time, Nate the rewards of hard work, dedication and per- she learned to speak English fluently, which Benderson helped transform the real-estate severance. I am honored to represent Brady allowed her to be a lifelong translator for her landscape in western New York, constructing and his family in the United States Congress. mother, who only spoke Spanish. many retail plazas and office buildings that still I know that all of my colleagues in the House At the age of 18, Sarah married Jesse exist today. The company’s holdings include will join me in congratulating him in obtaining Gutierrez, who, at the time was a soldier in shopping centers and malls, office buildings, the Eagle Scout ranking, and will wish him the U.S. Army, fighting during World War II. industrial space, hotels, and raw land. In all, continued success in his future education and Her husband contracted tuberculosis during the company owns and manages roughly 500 career. Thank you. the war, leaving him hospitalized and unable properties—35 million square feet in 38 f to care for their children until 1948. During this States—and employs more than 8,000. GIRLS OF STEEL time, Sarah raised her children by herself. Even with all of his achievements and suc- Sarah’s strong Catholic faith helped her cesses as a real estate magnate, Nathan through these tough times. Although life was Benderson will be remembered for his indel- HON. MICHAEL F. DOYLE OF PENNSYLVANIA not easy for Sarah, she had a unique way of ible commitment to philanthropy. In addition to IN THE HOUSE OF REPRESENTATIVES keeping her family together and their spirits his work at the development company, Mr. high. Benderson was a tireless humanitarian who Tuesday, April 17, 2012 Even after raising her children, Sarah self- supported an array of causes, including Jew- Mr. DOYLE. Mr. Speaker, I rise today to lessly devoted her life to caring for others. ish-related charities, those that helped the congratulate the Girls of Steel robotics team While Sarah was raising her family, her moth- poor and the frail elderly, and animal rescue on winning the prestigious Engineering Inspi- er and brothers lived within blocks. She was organizations in Florida and New York. ration Award as well as the Website Award at able to visit her mother daily, and watched as Mr. Benderson created a $2 million endow- the Pittsburgh Regional ‘‘For Inspiration and she took care of her mentally ill sister. Sarah ment for programs at Buffalo’s Johnnie B. Recognition of Science and Technology followed the example of her mother when her Wiley Amateur Sports Complex and was a (F.I.R.S.T.)’’ Robotics Competition on March 8 own daughter, Teresa was born with down major benefactor for Roswell Park Cancer In- and 9. I also want to congratulate them for syndrome. Sarah cared for her daughter until stitute, Buffalo Zoo, SPCA Serving Erie Coun- winning the Innovation in Control Award at the she was no longer able. Her selfless giving ty, Variety Club, Buffalo Philharmonic Orches- Queen City Regional F.I.R.S.T. competition in has taught her children and those around her tra, Food Bank of Western New York and Cincinnati, Ohio on April 5 through 7. the important lesson of loyalty, which stays Center for Hospice and Palliative Care. As the founder of the Congressional Robot- with them to this day. The breadth and depth of Mr. Benderson’s ics Caucus, I am a proud supporter of Let us take the time to pay tribute to a won- generosity are on a scale that is unmatched in F.I.R.S.T. and the tremendously important pur- derful woman. Let us celebrate the wonderful western New York. Even after his death, Mr. pose it serves in introducing young people to life she led. Although she is no longer with us, Benderson’s charitable work will continue the fields of technology and engineering. her legacy and spirit will continue to live on through the Benderson Family Life Insurance Through its mentor-based programs, F.I.R.S.T. through the lives of everyone she has Legacy Initiative, a foundation he created will inspire nearly 300,000 students this year touched. which has in excess of $130 million in assets while providing them with confidence, leader- Sarah was preceded by the death of her to support numerous organizations well into ship, and communication skills. It is critical husband Jesse, her eldest son, David, and her the future. that we continue to encourage young people youngest daughter, Teresa. She is survived by Mr. Speaker, I ask that you join with me and to get involved in these fields if our country is her son, Jimmy and his wife, Mona, as well as with members of the House to express our to remain competitive in the global economy in her daughter, Christina, and her husband deepest condolences to the family of the late the future. The F.I.R.S.T. Robotics Competi- Marc. She leaves with cherished memories a Nathan Benderson, and join with me in tion instills a sense of pride in the individuals loving family of 7 grandchildren, Monica lauding the many good works Mr. Benderson who participate in it and allows them to apply Gutierrez, James Gutierrez, Sonia Dombroski, performed during his long and full life. their natural creativity in the demanding and Cai Steffler, Tres Steffler, Annette Gutierrez f competitive field of robotics. and Josephine Gutierrez. May we all be so The Engineering Inspiration award is given lucky to live a life full of love for her family. My A TRIBUTE TO BRADY to the team that best advances appreciation thoughts and prayers, along with those of my BRINKMEYER and respect for engineering through recruit- wife, Barbara, and my children, Rialto City ment and outreach within their community and Councilman Joe Baca Jr., Jeremy, Natalie, HON. TOM LATHAM is the second highest team award F.I.R.S.T. and Jennifer are with Sarah’s family at this OF IOWA bestows. It also qualifies the Girls of Steel to time. Mr. Speaker, I ask my colleagues to pay IN THE HOUSE OF REPRESENTATIVES compete in the National competition in St. Louis at the end of April. The Website Award tribute to Sarah Rangel Gutierrez. Tuesday, April 17, 2012 f is presented to the team that best dem- Mr. LATHAM. Mr. Speaker, I rise today to onstrates excellence in a student-designed, HONORING THE LIFE OF NATHAN recognize and congratulate Brady Brinkmeyer built, and managed F.I.R.S.T. team website. BENDERSON of Ames for achieving the rank of Eagle Scout. The Innovation in Control Award celebrates an The Eagle Scout rank is the highest ad- innovative control system or application of HON. BRIAN HIGGINS vancement rank in scouting. Only about five control components to provide unique machine OF NEW YORK percent of Boy Scouts earn the Eagle Scout functions. IN THE HOUSE OF REPRESENTATIVES Award. The award is a performance-based The Girls of Steel beat over 40 other robot- achievement with high standards that have ics teams in receiving the two awards in Pitts- Tuesday, April 17, 2012 been well-maintained over the past century. burgh, and they beat over 50 other robotics Mr. HIGGINS. Mr. Speaker, I rise today to To earn the Eagle Scout rank, a Boy Scout teams in receiving the Innovation in Control honor the extraordinary life and legacy of Na- is obligated to pass specific tests that are or- award in Cincinnati. than Benderson, the Chairman of the ganized by requirements and merit badges, as I would like to mention each of these dedi- Benderson Development Company, who re- well as completing an Eagle Project to benefit cated young women by name. They are Chris- cently passed away at the age of 94. the community. Brady’s project involved an ex- tina Ambrosino, Sonia Appasamy, Katie

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.024 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E553 Ashwood, Jaden Barney, McKenna Barney, A TRIBUTE TO DEAN A. VANEVERY In the 21st century, it seems unbelievable Tammy Bevilacqua, Elizabeth Bianchini, Claire that equal pay is controversial. Yet, just last Brunson, Dakota Calvert, Abby Ceraso, Ra- HON. TOM LATHAM week, Wisconsin signed into law legislation to chel Clapper, Ananya Cleetus, Claudia OF IOWA repeal provisions of the 2009 Equal Pay En- Contreras, Kaylie Cullison, Maureen Deken, IN THE HOUSE OF REPRESENTATIVES forcement Act. This Congress has the oppor- Laurel Donatelli, Mackenzie Ferris, Kiran tunity to build on the progress made by the Gaulee, Naoka Gunawardena, Grace Handler, Tuesday, April 17, 2012 passage of the Lilly Ledbetter Fair Pay Act— Heather Harrington, Rosanne Harrison, Kath- Mr. LATHAM. Mr. Speaker, I rise today to legislation to strengthen pay discrimination ryn Hendrickson, Erin Higgins, Samantha Hol- recognize and congratulate Dean VanEvery of lawsuits and the first bill ever signed into law land, Imani Horton, Natalie Janosik, Campbell Ames for achieving the rank of Eagle Scout. by President Obama. The Lilly Ledbetter Fair Konrad, Elizabeth Kysel, Sylvie Lee, Shana The Eagle Scout rank is the highest ad- Pay Act clarified that each paycheck resulting Leshko, Murong Li, Serena Mani, Mansi vancement rank in scouting. Only about five from a discriminatory pay decision would con- Mann, Pragna Mannam, Elise Medeiros, percent of Boy Scouts earn the Eagle Scout stitute a new violation of the employment non- Grace Mitro, Sruthi Muluk, Lindsay Myer, Award. The award is a performance-based discrimination law and restart the clock for fil- Remy Niman, Raina Oravec, Olivia Parks, achievement with high standards that have ing a claim. Jennifer Rickens, Kaylyn Rocher, Alex Roth, been well-maintained over the last century. The Paycheck Fairness Act, legislation cur- Rachel Round, Chelsi Sayti, Katelin Shreve, To earn the Eagle Scout rank, a Boy Scout rently being considered in this Congress, Amrita Singh, Jessica Slain, Nancy Soliman, is obligated to pass specific tests that are or- would go even further to fight pay discrimina- Lauren Spence, Lynn Urbina, Bryce Volk, Re- ganized by requirements and merit badges, as tion and improve wages for women. The Pay- becca Volk, Molly Walsh, Giulia Watkins, and well as completing an Eagle Project to benefit check Fairness Act, sponsored by my friend Melanie Young. the community. Dean’s project was to ren- and colleague Congresswoman ROSA Pittsburgh is proud of the Girls of Steel for ovate a nature trail at Brookside Park in DELAURO, would strengthen the Equal Pay Act their hard work and dedication to the fields of Ames, which required serious rehabilitation by requiring an employer to prove that a dif- robotics and engineering and for inspiring oth- after flooding had left the trail covered with ference in pay between a man and a woman ers within their community to get involved in large amounts of debris. The work ethic Dean for the same position is not sex-based. The this important industry. I wish them the best of has shown in this project, and every other legislation would also bring the equal pay law luck in St. Louis in April and congratulate them project leading up to his Eagle Scout rank, into line with all other civil rights law by in- once again on their continued success in the speaks volumes of his commitment to serving creasing the available remedies to include pu- F.I.R.S.T. Robotics Competition. a cause greater than himself and assisting his nitive and compensatory damages. As a co- f community. sponsor, I believe the Paycheck Fairness Act Mr. Speaker, the example set by this young is essential legislation to address the lingering RAOUL WALLENBERG CENTENNIAL man and his supportive family demonstrates injustice of pay inequity. CELEBRATION ACT the rewards of hard work, dedication and per- As our economy shows signs of revival, SPEECH OF severance. I am honored to represent Dean women and their families must not be left be- and his family in the United States Congress. hind. We must send a strong message that HON. HOWARD L. BERMAN I know that all of my colleagues in the House pay discrimination should not stand. OF CALIFORNIA will join me in congratulating him in obtaining f IN THE HOUSE OF REPRESENTATIVES the Eagle Scout ranking, and will wish him Monday, April 16, 2012 continued success in his future education and TRIBUTE TO JAMES NATHANIEL career. Thank you. RICHARDS, 2012 MILITARY CHILD Mr. BERMAN. Mr. Speaker, I rise in support OF THE YEAR AWARD of H.R. 3001, the Raoul Wallenberg Centen- f nial Celebration Act. OBSERVANCE OF EQUAL PAY DAY Mr. Speaker, this legislation will post- HON. DUNCAN HUNTER humously award the Congressional Gold OF CALIFORNIA Medal—the highest award that can be be- HON. JANICE D. SCHAKOWSKY IN THE HOUSE OF REPRESENTATIVES stowed by this body—to Raoul Wallenberg on OF ILLINOIS Tuesday, April 17, 2012 the centennial of his birth. IN THE HOUSE OF REPRESENTATIVES Mr. HUNTER. Mr. Speaker, I rise today to The story of Raoul Wallenberg’s work as an Tuesday, April 17, 2012 official with the Swedish Embassy in Hungary commend and recognize James Richards of working in conjunction with the American War Ms. SCHAKOWSKY. Mr. Speaker, I rise Jamul. James was named the recipient of the Refugee Board is one of bravery, heroism, today, in recognition of Equal Pay Day, a day 2012 Military Child of the Year Award, which and ultimately, self sacrifice. that spotlights the financial struggles that honors military children who stand out among Though Raoul Wallenberg’s fate remains a women must endure because of wage dis- others in their community. mystery to this day, his legacy can be seen in crimination and the need to close the gender- The candidates must demonstrate good the tens of thousands of people who survived based wage gap once and for all. character, and excel within both military and the war by virtue of his efforts—including my The answer is simple. Women should be civilian communities. James embodies all of late colleague and friend Tom Lantos and his paid equal wages to their male counterparts: the qualities and more. wife Annette. pay discrimination is unfair, unwarranted and Each year, more than 1,000 nominees are Of the 120,000 Hungarian Jews that sur- costly. considered for this award. The recipient is vived the Holocaust, Raoul Wallenberg, acting Equal pay is not only a fight for women, but chosen by a committee including those cur- under the War Refugee Board, is credited with for the families that depend on them. Women rently in the military, Family Readiness Sup- saving an estimated 100,000 of them in a six- are the primary or co-breadwinners in six out port Assistants, teachers and others. After month period. of ten households; yet earn only 77 cents to choosing the winner, the award is given to one This year, both Sweden and Hungary cele- every dollar paid to men. With smaller pay- military child from each branch of service. brate ‘‘Raoul Wallenberg Year’’ to mark the checks, women are forced to stretch limited Anyone who knows James is aware that he 100th anniversary of Wallenberg’s birth. dollars even further to provide healthcare, is extremely involved in his community. He These nations will pay tribute to food, and shelter for themselves and their started a blog to help deal with members of Wallenberg’s courageous work by holding con- families. his family being deployed. Currently 87 military ferences, concerts, exhibitions, and other According to a report by the National Part- children follow his blog daily. James also start- events to commemorate and educate people nership for Women & Families, women across ed the anti-bully committee at his school, about the role he played helping to save the the country are collectively losing tens of bil- which meets once a week to discuss ways to remainder of Hungary’s Jewish community. lions of dollars annually because of wage in- prevent bullying in schools. I hope my colleagues join me in honoring equity. Over a 40–year working career, the av- James is one American who is making a dif- the memory of Raoul Wallenberg and the in- erage woman loses $431,000 as a result of ference by lending a helping hand to others. numerable individuals and their descendants the wage gap. This picture is even worse for Last year, James volunteered over 200 hours that he helped save. African American and Hispanic women, who during Christmas season at the USO col- Mr. Speaker, I ask Members of the House earn 71 cents and 62 cents respectively for lecting toys for less fortunate children and to vote for this important legislation. every dollar men are paid. wrapping stockings to send to the troops. After

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.026 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E554 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 collecting gifts he would assist with babysitting elor’s and master’s degree from Howard Uni- HONORING DR. ROBERT A. for those parents while they picked out gifts. versity in Washington, DC. Additionally, he at- CORRIGAN I cannot say enough about James. He is a tended the Catholic University of America for truly admirable young leader. Without ques- doctoral studies and pursued graduate work at HON. LYNN C. WOOLSEY tion, he is setting a good example and is a the University of North Carolina, University of OF CALIFORNIA role model to others. I want to thank James Maryland, New York University, and Harvard IN THE HOUSE OF REPRESENTATIVES for his continual dedication and congratulate University. Tuesday, April 17, 2012 him on the Military Child of the Year Award. Before joining the faculty at the University of Mr. Speaker, I ask that my colleagues join Scranton as the Director of Multicultural Af- Ms. WOOLSEY. Mr. Speaker, I rise today to honor Dr. Robert A. Corrigan and recognize me in recognizing James Richards and wish- fairs, Mr. Wooden worked as a public school his contribution to higher education, civic en- ing him continued success in all future en- teacher and a lecturer at Howard University gagement and the application of university ex- deavors. and the Catholic University of America. In pertise to community issues. Dr. Corrigan is 2010, Mr. Wooden retired from the University f retiring as the President of San Francisco of Scranton and now dedicates his time to A TRIBUTE TO JOEL H. UHLMEYER State University. serving his community. Currently, he is the One of our nation’s leading public urban uni- principal resource for information about the versities, under Dr. Corrigan’s leadership, San HON. TOM LATHAM role of the Underground Railroad and the Afri- Francisco State University has become ac- OF IOWA can-American population in Northeastern claimed for its diversity and is known as a IN THE HOUSE OF REPRESENTATIVES Pennsylvania. ‘‘college with a conscience.’’ With nationally Tuesday, April 17, 2012 Furthermore, Mr. Wooden serves on several recognized programs in a range of fields, the boards, including the Board of Trustees of Lin- more than 212,000 graduates have contrib- Mr. LATHAM. Mr. Speaker, I rise today to coln University, Friends of the Weinberg Li- recognize and congratulate Joel Uhlmeyer of uted to the economic, cultural and civic fabric brary Advisory Board, and the Board of of San Francisco and beyond. Dr. Corrigan Ames for achieving the rank of Eagle Scout. Friendship House in Scranton. In the past, he The Eagle Scout rank is the highest ad- has been a dedicated supporter of the partner- served on the Pennsylvania Governor’s Advi- ship between San Francisco State and the vancement rank in scouting. Only about five sory Commission for African-American Affairs percent of Boy Scouts earn the Eagle Scout Romberg Tiburon Center for Environmental and the Pennsylvania State Board of Edu- Studies, located in my district. Through re- Award. The award is a performance-based cation, and he served as president of the achievement with high standards that have search, education and outreach, and with a Council on Community Affairs and the Old Mill focus on San Francisco Bay, the Romberg been well-maintained over the past century. Village Museum. Center works to advance the understanding of To earn the Eagle Scout rank, a Boy Scout Mr. Speaker, today Sherman Wooden the world’s complex marine environments. is obligated to pass specific tests that are or- stands as an icon in Northeastern Pennsyl- A graduate of Brown University in Rhode Is- ganized by requirements and merit badges, as vania. I commend him for his years of remark- land, Dr. Corrigan earned his master’s and well as completing an Eagle Project to benefit able service to his community and his country doctoral degrees in American Civilization from the community. For his project, Joel chose to as an educator, author, and lecturer, and I the University of Pennsylvania. During a 54- make various improvements at the Ames wish him continued success in the future. year career in academia, Dr. Corrigan has Izaak Walton League. He felt this unique held faculty positions at the University of Iowa, project was an important way to give back to f Bryn Mawr College, the University of Pennsyl- the Ikes for supporting Scouting and outdoor vania, and the University of Gothenburg in activities. The work ethic Joel has shown in A TRIBUTE TO TANNER MICHAEL Sweden. He was a provost at the University of this project, and every other project leading up KNOWLTON Maryland and Dean at the University of Mis- to his Eagle Scout rank, speaks volumes of souri, before becoming chancellor of the Uni- his commitment to serving a cause greater HON. TOM LATHAM versity of Massachusetts at Boston. than himself and assisting his community. Starting at San Francisco State University in OF IOWA Mr. Speaker, the example set by this young 1988, during a period of transition, Dr. man and his supportive family demonstrates IN THE HOUSE OF REPRESENTATIVES Corrigan restructured the management of the the rewards of hard work, dedication and per- Tuesday, April 17, 2012 university to build a better rapport between ad- severance. I am honored to represent Joel ministration and faculty. A leader with consid- Mr. LATHAM. Mr. Speaker, I rise today to and his family in the United States Congress. erable collaborative skills, he has worked hard recognize and congratulate Tanner Knowlton I know that all of my colleagues in the House to keep the campus competitive through care- of New Hampton for achieving the rank of will join me in congratulating him in obtaining ful management of funds during difficult budg- Eagle Scout. the Eagle Scout ranking, and will wish him et cuts. A well-respected colleague and ad- continued success in his future education and The Eagle Scout rank is the highest ad- ministrator, Dr. Corrigan presided over a major career. Thank you. vancement rank in scouting. Only about five overhaul of the campus, funded with a $120 percent of Boy Scouts earn the Eagle Scout f million facilities bond measure, student fees Award. The award is a performance-based and private fundraising. Recently, the univer- MR. SHERMAN WOODEN achievement with high standards that have sity opened its newly renovated library and been well-maintained over the past century. there are plans to build a new performing arts HON. LOU BARLETTA To earn the Eagle Scout rank, a Boy Scout center as well as a student wellness center. OF PENNSYLVANIA is obligated to pass specific tests that are or- A champion of diversity in higher education, IN THE HOUSE OF REPRESENTATIVES ganized by requirements and merit badges, as Dr. Corrigan is credited with building a model well as completing an Eagle Project to benefit multi-cultural campus focused on social justice Tuesday, April 17, 2012 the community. The work ethic Tanner has and equity. Where people of color constitute Mr. BARLETTA. Mr. Speaker, I rise to honor shown in his Eagle Project, and every other 70% of the student body and 41% of the fac- Mr. Sherman Wooden, one of the 2012 recipi- project leading up to his Eagle Scout rank, ulty, Dr. Corrigan nurtured a culture of toler- ents of the Governor Robert P. Casey Medal speaks volumes of his commitment to serving ance where differences are respected and de- for a Lifetime of Service. This award is pre- a cause greater than himself and assisting his bated peacefully on campus. He is the recipi- sented annually by the Neighborhood Housing community. ent of many awards and recognitions, includ- Services of Lackawanna County and given for Mr. Speaker, the example set by this young ing the 2009 Distinguished Service Award a person’s contributions to the region through- man and his supportive family demonstrates from the Association of Public and Land-grant out the years. The Neighborhood Housing the rewards of hard work, dedication and per- Universities, the 2009 San Francisco Business Services serves individuals and families severance. I am honored to represent Tanner Times ‘‘Most Admired CEO’’ award and the through homeownership education and pro- and his family in the United States Congress. Distinguished Community Service Award from motion, property rehabilitation and affordable I know that all of my colleagues in the House the Anti-Defamation League. lending. will join me in congratulating him in obtaining A keen advocate of civic engagement, Dr. Mr. Wooden grew up in Montrose, Pennsyl- the Eagle Scout ranking, and will wish him Corrigan has served on the boards of a variety vania. He graduated from Elk Lake High continued success in his future education and of organizations, such as the Mayor’s Chil- School, and went on to receive both a bach- career. Thank you. dren, Youth, and Families Policy Council, two

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Mr. Speaker, I rise today to markable talent and considerable commitment, Led a Consequential Life. John Keach Sr. was many things. He was a recognize an organization called Roehl’s he will be missed in the community and at the Transport, which is celebrating its 50th year in university, but we honor him today and wish husband, father, grandfather and great-grand- father. But I rise because John Keach Sr. led business in 2012. I congratulate them for this him well in his next endeavor. Congratulations, historic achievement. Robert Corrigan, and thank you. a consequential life and by his actions he left this community and this state better for having Their extraordinary growth since 1962 ex- been here. emplifies what can be achieved through team- f The life of John Keach, Sr. has been work and the American spirit. The Roehl Way of Protective Driving has won the ATA Presi- A TRIBUTE TO R. LUCIA RIDDLE marked by accomplishments over decades that have brought about a greater quality of dent’s Award in both 2008 and 2011, and their life to Columbus and the surrounding areas. initiative to reduce greenhouse gas emissions HON. TOM LATHAM Though he will be missed by his family and has earned the EPA’s ‘‘Smartway Award for Excellence’’ multiple times. OF IOWA friends, John will long be remembered for his tremendous impact. I am honored to congratulate Roehl Trans- IN THE HOUSE OF REPRESENTATIVES A native of Seymour, Indiana, John was port on their 50th anniversary and extend my thanks for efforts to improve our nation by Tuesday, April 17, 2012 born to Glenn and Lucile Kessler Keach on July 7, 1927. Before serving in the United making our highways safer and advancing our Mr. LATHAM. Mr. Speaker, I rise today to States Navy during World War II, John grad- air quality. recognize the retirement of R. Lucia Riddle as uated from Shields High School. In 1950, John f the Vice President of Federal Government Re- graduated a Bulldog from Butler University TRIBUTE TO NADINE BERG ON lations for the Principal Financial Group. and then married his beloved Elaine. After HER RETIREMENT Ms. Riddle joined Principal in 1974 as a working under his father as a teller at the management trainee in the health division and Home Federal Savings and Loan Association ´ in Seymour, John and Elaine moved from HON. JOSE E. SERRANO quickly began rising through the company. By OF NEW YORK Seymour to Columbus where John helped de- 1997, Lucia had obtained her M.B.A. from IN THE HOUSE OF REPRESENTATIVES Drake University and had officially assumed velop the Columbus branch of the Home Fed- her role as Principal’s Vice President of Fed- eral Savings and Loan Association. Tuesday, April 17, 2012 eral Government Relations in Washington John held many positions at what is now Mr. SERRANO. Mr. Speaker, today I rise to D.C. known as the Indiana Bank and Trust Com- honor a long-time member of my staff, Nadine Principal Financial Group is a well-re- pany, serving as a teller, branch manager, Berg, who recently retired from a career of spected, worldwide company that has called president, CEO, Chairman of the Board, and service on the Hill. Nadine started with my of- Des Moines its home since 1889. More than Chairman Emeritus. John also held positions fice as a legislative assistant in 1995 and then 8,000 Iowans are employed by Principal Fi- in the Indiana League of Savings Institutions, served as my Legislative Director from 2004 nancial Group and thousands more do busi- the Federal Home Loan Bank of Indianapolis, until this year. During her entire time in my of- ness with this great company renowned for its and the Family Financial Life Insurance Com- fice, she served as a constant source of honest and professional reputation. As Vice pany. cheerfulness during many long and difficult President of Federal Government Relations, Outside of his business ventures, John days. Despite her many responsibilities, she Lucia expertly assumed the responsibility of sought to make Columbus and Bartholomew always took the time to give assistance and a directing legislative and advocacy efforts with County a better place to live, and his efforts kind word to other members of the staff, in- a focus on the company’s life and health, pri- are felt to this day. John was a member of the terns, and constituents. vacy, tax and financial services issues. Every Columbus Area Chamber of Commerce and Nadine’s service in Congress did not start in day, Ms. Riddle played the important role of received the Distinguished Service Award in my office, but rather when she started working representing thousands of Iowans, and the 1960 and the Community Service Award in for former Congressman Bill Lehman of Flor- company itself, as a valuable and effective 1969. John also served as a Trustee and ida less than a month after graduating from spokesperson to members of Congress. President of the Bartholomew County Library Georgetown University’s School of Foreign and played a crucial role in the development Service in 1975. She began her career on the In addition to her role at Principal, Lucia is of the Cleo Rogers Memorial County Library. Hill as a Legislative Correspondent in Con- a member of several insurance and financial John served on the Bartholomew County gressman Lehman’s office and worked for him service industry related technical and policy United Way, the Columbus Economic Devel- until he retired from Congress at the end of committees for numerous organizations, as opment Board, the St. Columba Catholic 1992. well as serving on multiple boards across the Church Council, the Columbus Elks Lodge Nadine was not only a great asset to my of- country, from the Smithsonian National Mu- #521, the Knights of Columbus and the Co- fice and the other offices she worked in, but seum of African Art to the Des Moines Art lumbus American Legion Post #24, among she was also a great asset to the people of Center. Recently in 2011, Ms. Riddle received others. the South Bronx and Southern Florida, for the President’s Award from the Washington Blessed with a loving family, John is sur- whom she worked for so long. Her knowledge Government Relations Group and this year vived by his wife of 62 years, Elaine, their four of Congress and dedication to working long has been named as one of Savoy Profes- children, eight grandchildren and six great- hours until every detail was resolved ensured sional Magazine’s ‘‘Top 100 Most Influential grandchildren, as well as his sister Kathe that every issue, no matter how large or small, Blacks in Corporate America’’ for the second Caplinger. was properly addressed. time since 2008. It is written, ‘‘the Lord is close to the broken- In particular, her expertise in appropriations Over her 38 year career with Principal, Ms. hearted,’’ and that will be our prayer for his issues and the appropriations process was vi- Riddle has embodied the ideals of leadership beloved wife, family and all those who mourn tally helpful in my work on that committee. and dedication by assuming several roles the passing of John Keach, Sr. This expertise along with her passion for the above and beyond the call of duty. Lucia is a The people of Columbus have lost a true environment helped to clean up the Bronx testament to the high quality character and un- giant from our community and our family has River and many other places in my district. wavering work ethic instilled in Iowans. I invite lost a friend. The life of John Keach, Sr. has When she began working on the Bronx River the members of the House to join me in wish- come to an end but his legacy of leadership it was a neglected urban waterway, and no ing Lucia a long, happy and healthy retire- and character will endure and inspire for gen- one believed that it could be cleaned up. How- ment. Thank you. erations to come. ever, her dedication and belief in improving

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Overall, her dedication to her Clarence and Edna moved to Schererville, In- Before joining the ACLU, Johnny enjoyed a work meant that my constituents were well diana, where Edna remained until relocating to distinguished career supporting several Mem- represented in Congress and that federal her current residence. Edna worked most of bers of Congress in senior positions. From money was well used in the Bronx. her life as a millinery salesperson for the Ed- 1984–1990, Johnny served as the Chief of Nadine will be greatly missed in my office ward C. Minas department store in downtown Staff to Washington, DC, Delegate Walter E. and her departure will be felt in my district. Hammond, Indiana, before moving to the Fauntroy. From 1992–1995, Johnny served as However, I know that she has a loving family store’s River Oaks location in nearby Calumet Senior Counsel and Legislative Director to at home, and will be happy taking care of her City, Illinois. Edna, who retired in 1974, has al- Congressman Lucien E. Blackwell from Phila- grandchildren. I am sure that her commitment ways been known as an outstanding sales- delphia, Pennsylvania, and from 1995–2000, to public service will continue and that she will woman with an exquisite fashion sense. Johnny served as Chief of Staff to Congress- make a difference in whatever else she de- In addition to her successful career, Mrs. woman Eva M. Clayton who represented the cides to turn her hand to next. In closing, I Ecklund was a member of the Order of the First Congressional District of North Carolina; would like to again thank her for her service, Eastern Star for many years. She is also a the same Congressional District that I have and wish her the best of luck in her future en- member of Immanuel United Church of Christ the distinct honor of representing today. deavors. in Highland, Indiana. Edna has many friends Johnny graduated Cum Laude from Central f and family who share a common respect for State University in Wilberforce, Ohio, and from her commendable qualities, including her the Georgetown University Law Center. He HONORING VILLAGE OF SISTER vigor, sense of humor, and kindness. Edna, an has shared his passion, understanding and BAY avid musician, has played both the organ and expertise in law with countless students as the piano for many years. A truly remarkable Law Professor at the Georgetown University HON. REID J. RIBBLE woman, Edna’s dedication to her career and Law Center, the Potomac School of Law, and OF WISCONSIN her involvement in her community is exceeded Antioch School of Law. IN THE HOUSE OF REPRESENTATIVES only by her devotion to her amazing family Johnny’s work as a professor, seasoned Congressional staffer, and leader of the ACLU Tuesday, April 17, 2012 and friends. Mr. Speaker, I respectfully ask that you and of the National Capital Area deserve recogni- Mr. RIBBLE. Mr. Speaker, I rise today to my other distinguished colleagues join me in tion from this august body. I am confident that recognize the 100th anniversary of the Village honoring Edna Ecklund on this special day he will continue to be a strong advocate for of Sister Bay in Door County, Wisconsin. Set- and in wishing her a very happy 100th birth- civil rights wherever his interests and dedica- tlers first arrived in 1857, and the village was day! tion to the community lead him. incorporated in 1912. f Mr. Speaker, I ask my colleagues to join me That same year, the village suffered from a in congratulating Mr. Johnny Barnes on his re- drought, a heavy hailstorm, a grasshopper in- HONORING MR. JOHNNY BARNES tirement from the American Civil Liberties vasion, and a severe fire that consumed most UPON HIS RETIREMENT FROM Union. THE ACLU OF THE NATIONAL of the businesses at the center of the village. f The Village of Sister Bay not only endured CAPITAL AREA these challenges, but also sought new oppor- CELEBRATING THE 10TH ANNIVER- tunities. The community became a major ship- HON. G.K. BUTTERFIELD SARY OF THE INDIAN AMERICAN ping location for early steam and sailing ves- OF NORTH CAROLINA CULTURAL CENTER OF NWIHRC sels, and commerce thrived year round. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the Village of Sister Bay em- Tuesday, April 17, 2012 HON. PETER J. VISCLOSKY bodies all of the finest qualities of Door Coun- OF INDIANA ty. In the early days, the community stood out Mr. BUTTERFIELD. Mr. Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES as a tourist destination. Today, tourism con- recognize Mr. Johnny Barnes, who, after ten Tuesday, April 17, 2012 tinues to flourish in the Village of Sister Bay years as the Executive Director of the Amer- with small storefronts, restaurants, art gal- ican Civil Liberties Union of the National Cap- Mr. VISCLOSKY. Mr. Speaker, it is my dis- leries, and a beautiful marina that gives visi- ital Area, is retiring. Johnny’s tireless advo- tinct pleasure to announce that the Indian tors a reason to keep coming back to this cacy and his outstanding leadership, passion, American Cultural Center of NWIHRC will wonderful community. and integrity during his service with the ACLU celebrating its 10th Anniversary by hosting a Again, I congratulate the Village of Sister have brought about a more fair and just soci- gala dinner and banquet on Saturday, April Bay on its 100th anniversary, and encourage ety. 21, 2012, at the Halls of Saint George in all residents in northeast Wisconsin to cele- Johnny’s advocacy efforts also include Schererville, Indiana. brate this community’s history and heritage on strong support for DC Statehood and working The Indian American Cultural Center, which June 8–9, 2012. to get the residents of Washington, DC, a true opened on March 9, 2002, was established f vote in Congress. Washington, DC, residents with the following goal in mind: to foster peace pay the second highest per capita federal in- and harmony amongst the people of North- HAPPY 100TH BIRTHDAY TO EDNA come taxes in the United States but have no west Indiana by showcasing their cultural her- ECKLUND vote on how the Federal Government spends itage and creating spiritual awareness in both their tax dollars and no vote on important young people and adults, as well as to engage HON. PETER J. VISCLOSKY issues such as health care, education, Social in various charitable events, both nationally OF INDIANA Security, environmental protection, crime con- and locally. Since its inception, the Indian IN THE HOUSE OF REPRESENTATIVES trol, public safety, and foreign policy. Johnny American Cultural Center has been instru- is determined to educate citizens everywhere mental in educating Northwest Indiana’s citi- Tuesday, April 17, 2012 about taxation without representation for the zens on the traditions and customs of the In- Mr. VISCLOSKY. Mr. Speaker, it is with more than 600,000 Washingtonians who live dian heritage. great pleasure and honor that I congratulate in the shadow of the United States Capitol The members of the Indian American Cul- Mrs. Edna Ecklund on a momentous mile- Building. tural Center of NWIHRC are to be com- stone, her 100th birthday, which was on April Since joining the ACLU of the National Cap- mended, not only for their commitment to pre- 14, 2012. Edna celebrated with family and ital Area, Johnny has led several successful serving tradition, but also for their commitment friends on Friday, April 13, 2012, at the Kin- efforts to promote the rights of all people. Peo- to making improvements that benefit all man- dred Healthcare facility in Dyer, Indiana. ple expect and deserve a fundamental right to kind. Proceeds from this year’s gala will go to Mrs. Ecklund was born on April 14, 1912, in privacy. Johnny fought the proliferation of support The Arc of Northwest Indiana, located Crete, Illinois. She is the oldest of three chil- video surveillance cameras in majority-minority in Hobart, Indiana. The Arc of Northwest Indi- dren born to Henry and Clara Reichert. Her communities in Washington, DC. He also ana

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works diligently to improve the lives of individ- Conference, Congressman TOM PETRI, Con- The Salvation Army has offered a variety of uals with intellectual and developmental dis- gresswoman NITA LOWEY, Congresswoman humanitarian services to the people of Guam. abilities and their families. In the past, pro- SUSAN DAVIS and Steve Davis, and Congress- Its Family Services Center provides emer- ceeds from the gala have gone to such noble woman MAZIE HIRONO, in remembering gency assistance to families in need of food, causes as cancer research, educational schol- Tadashi Yamamoto. May his work and his leg- clothing, rent or utilities, and donates toys to arships, the American Red Cross, tsunami re- acy live on in continued cooperation between more than 1,500 children on Guam during the lief, and to aid victims of Hurricane Katrina the United States and Japan and the open ex- Christmas season. The Salvation Army also and the earthquake in Kashmir, India, and change between our leaders. runs the Lighthouse Recovery Center, which most recently, the Carmelite Home for Girls. f began as a 16-bed residence for substance Mr. Speaker, I ask that you and my other abuse recovery in 1998 and has since ex- distinguished colleagues join me in com- JOE LYLE panded to a state of the art facility with a bed mending the board and members of the Indian capacity of 30. The Lighthouse Recovery Cen- American Cultural Center of NWIHRC for their HON. SAM GRAVES ter facility is also utilized for after school activi- outstanding contributions to society. Their OF MISSOURI ties, day camp, summer camp, youth councils, commitment to improving the quality of life for IN THE HOUSE OF REPRESENTATIVES and the annual Community Thanksgiving the people of Northwest Indiana and through- Feast, which feeds more than 1,100 people in out the world is truly inspirational and should Tuesday, April 17, 2012 need. The Salvation Army also actively partici- be recognized and commended. Mr. GRAVES of Missouri. Mr. Speaker, I pates in the Guam Homeless Coalition’s an- f proudly pause to recognize Joe Lyle for his nual island-wide Homeless Count and Pass- distinguished service to the Savannah Rural port to Services programs, which assists our HONORING TADASHI YAMAMOTO Fire Protection District in Missouri. Joe is one island’s homeless community as well as those of the founding board members for the district, at risk of becoming homeless. Further, the HON. DIANA DeGETTE and has served 32 years as the board’s chair- Salvation Army Thrift Store offers clothing, fur- OF COLORADO man. niture, and other household goods to the com- IN THE HOUSE OF REPRESENTATIVES During Joe’s tenure as chairman, the district munity at a low price. Tuesday, April 17, 2012 has overseen the construction of three new Over the last 20 years, the Salvation Army Ms. DEGETTE. Mr. Speaker, I rise today to fire houses and purchased numerous fire has coordinated with federal and local officials honor the life of Mr. Tadashi Yamamoto. At trucks and fire equipment. The district has in providing disaster recovery and relief assist- the age of 76, Mr. Yamamoto died from can- also acquired top of the line safety equipment ance through its Emergency Disaster Services cer on April 15, 2012. He left behind four to assist in the protection of the residents of Team. This team has assisted Guam residents sons, four daughters-in-law, and eight grand- the district. Joe’s leadership and vision have whose homes and belongings were destroyed children. He left behind a legacy and enduring been instrumental to the district’s efforts to ex- as a result of natural disasters, by donating partnership with his friends in the United pand service and protection to the community. thousands of dollars of food, clothing, and States. Joe has also been heavily involved in orga- supplies. Further, the Salvation Army provided As Japan rose in world influence in the nizing fire protection services to the commu- humanitarian services to Kurdish refugees 1960s and ’70s, Tadashi Yamamoto created nities surrounding the City of Savannah. who were evacuated from Iraq to Guam as one of his country’s first nongovernmental or- Mr. Speaker, I proudly ask you to join me in part of Operation Pacific Haven in 1996, and ganizations in the field of international affairs. recognizing Joe Lyle, a dedicated volunteer, also supported Burmese refugees who were In 1967, he organized the first Shimoda Con- whose service to the Savannah Rural Fire seeking political asylum in 2000. ference, designed to bring together U.S. and Protection District is to be commended. I wish The Salvation Army has worked with many Japanese leaders to discuss issues of mutual to congratulate Joe on his contributions ac- local community organizations and businesses interest to both countries. Out of that con- complishments and I am honored to serve him in their charitable efforts, including the Guam ference, he founded and became president of in the United States Congress. Symphony Society, the Rotary Club of Tumon Bay, the Guam Women’s Club, the Guam the Japan Center for International Exchange f (JCIE). Since 1970, JCIE has enabled more Council of Women’s Club, the Soroptimist than 1,000 U.S. and Japanese political leaders IN RECOGNITION OF THE 20TH AN- International of Guam, the Guam Naval Offi- to engage in meaningful dialogue and prob- NIVERSARY OF THE SALVATION cers’ Spouse Connection, the Andersen Offi- lem-solving, strengthening our relationship and ARMY GUAM CORPS cers Souses Club, Chinese Ladies Associa- paving the way for decades of productive en- tion, Korean Women’s Association of Guam, deavors. HON. MADELEINE Z. BORDALLO KUAM Care Force, Chinese Chamber of Com- merce Guam, Marine Corps Toys for Tots, the In February 2011, Mr. Yamamoto, recog- OF GUAM Guam Homeless Coalition and the Council on nizing the necessity for continued bilateral co- IN THE HOUSE OF REPRESENTATIVES operation, decided to revive the concept of a Homelessness, Bank of Hawaii, Citibank, First Tuesday, April 17, 2012 frank discussion between political, business, Hawaiian Bank, and Wells Fargo Financial. and media leaders. He convened the New Ms. BORDALLO. Mr. Speaker, I rise today I congratulate the Salvation Army Guam Shimoda Conference in Tokyo. I was pleased to recognize the Salvation Army Guam Corps Corps on their 20th anniversary, and I com- to lead the bipartisan, bicameral U.S. delega- for their 20 years of community service to the mend them for their years of providing human- tion to that historic event. Less than one island of Guam. Since their establishment on itarian services to the people of Guam and the month later the depths of the U.S.-Japan rela- Guam in 1992, the Salvation Army has built a Micronesia region. I also commend the efforts tionship were affirmed by the outpouring of as- strong network of services to individuals and of the Corps Officers, Advisory Board Mem- sistance in the wake of the devastating earth- groups in need of assistance in our island bers, and all volunteers, for their commitment quake in March 2011. community. to the mission and vision of the Salvation Tadashi Yamamoto was a pioneer. In the The Salvation Army is an international non- Army. I look forward to the continued growth decades before the Internet brought together profit organization that provides non-discrimi- and expansion of this organization for many people from diverse cultures to connect and natory humanitarian support throughout the years to come. exchange ideas, inspired individuals like world. In 1992, the Salvation Army Guam f Tadashi Yamamoto built bridges that made Corps was started by Lieutenants Ted and CONGRATULATING POLICE CHIEF our world stronger. At a time when both coun- Debby Horwood. Since then, several Corps WILLIAM VILLANOVA FOR RE- tries were in the midst of change and protest, Officers have assumed the leadership of this CEIVING THE 2012 POLICE CHIEF discovering post-war identities and ideals, organization on Guam. From July 1995 to OF THE YEAR AWARD Tadashi Yamamoto made our world safer. He June 2006, Captains Dave and Linda Harmon led us to a brighter future. The United States were instrumental in expanding the Salvation HON. DANIEL LIPINSKI and Japan has a distinct partnership today be- Army’s size and services. After the Harmons OF ILLINOIS relocated from Guam in June 2006, Captains cause of his vision, and those like him, who IN THE HOUSE OF REPRESENTATIVES work tirelessly and optimistically toward peace Brian and Leticia Saunders served as Corps and security for all of humanity. Officers for Guam until June 2007, and were Tuesday, April 17, 2012 Today, I ask my colleagues to join me and succeeded by the current Corps Officers, Cap- Mr. LIPINSKI. Mr. Speaker, I rise today to the House delegation to the New Shimoda tains Thomas and Christina Taylor. honor Chief William Villanova for receiving the

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.027 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E558 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 2012 Police Chief of the Year award from the the use of a club that discriminates on the dren translate their native languages into Illinois State Crime Commission and for his basis of sex, race, or color. Discriminatory English. Mrs. Mallis worked with hundreds of thirty-five years of exceptional service to the clubs will have to state on their receipts that immigrant students from countries such as Al- citizens of Oak Lawn. their expenditures are nondeductible. bania, Greece, and Yugoslavia to help them Chief Villanova first joined the Oak Lawn It’s time to end tax breaks for discrimina- overcome a challenging educational barrier. Police Department on March 22nd, 1977, and tion—plain and simple. A devout Christian and active member in quickly earned the respect of officers and vil- f the Chicago-area Greek Orthodox community, lage officials alike with his caring, methodical, Mrs. Mallis is one of the founders of the Holy and unselfish work. In his first year alone, MRS. LOIS KELLY Cross Greek Orthodox Church in Justice, Illi- Chief Villanova made 7 felony arrests and 11 nois. She is active in many fellowship and misdemeanor arrests, and issued 52 traffic HON. LOU BARLETTA philanthropic organizations including the Broth- and 741⁄2 village ordinance citations. Con- OF PENNSYLVANIA erhood of the Grammos, Holy Cross Greek tinuing his record of excellence, Chief IN THE HOUSE OF REPRESENTATIVES Orthodox Philopticos, and the American Le- Villanova went on to earn several awards of Tuesday, April 17, 2012 gion. She also enjoys classical music, reading, distinction including the Police Club Officer of baking, and spending time with her three the Year in 1991 and the Cook County Sher- Mr. LOU BARLETTA. Mr. Speaker, I rise to daughters and her granddaughter. iff’s Law Enforcement Award of Merit in 1997. honor Mrs. Lois Kelly, one of the 2012 recipi- On behalf of the residents of the Third Dis- In addition to his many achievements, Chief ents of the Governor Robert P. Casey Medal trict of Illinois and the students who have ben- Villanova has also bravely served in times of for a Lifetime of Service. This award is pre- efited from her dedication, it is my honor to great danger. In 1978, Chief Villanova nego- sented annually by the Neighborhood Housing wish Eugenia ‘‘Jennie’’ Muros Mallis a happy tiated with an estranged spouse to diffuse a Services of Lackawanna County and given for and healthy 100th birthday. hostage situation which resulted in the victim a person’s contributions to the region through- f being released unharmed. Also, in 1980, Chief out the years. The Neighborhood Housing Villanova persuaded a suicidal subject to sur- Services serves individuals and families IN RECOGNITION OF THE SERVICE render. And in 2005, Chief Villanova success- through homeownership education and pro- OF COMMAND SERGEANT MAJOR fully prevented an armed robbery of an Oak motion, property rehabilitation and affordable GABRIEL BERHANE Lawn jewelry store. I speak not only for my- lending. self, but also the community, when I thank After creating a legacy of community service HON. GERALD E. CONNOLLY Chief Villanova for all of his hard work and in her own family, Mrs. Kelly worked with the OF VIRGINIA dedication to the Village of Oak Lawn. Country Day Nursery School. The school has IN THE HOUSE OF REPRESENTATIVES been serving the community for over 40 years. Chief Villanova has touched countless lives Tuesday, April 17, 2012 as a police officer, leader, and mentor. It is fit- During this time, Mrs. Kelly provided guidance ting that such an upstanding member of soci- and encouragement to generations of children Mr. CONNOLLY of Virginia. Mr. Speaker, I ety should receive the high honor of Police in northeastern Pennsylvania. rise today joined by my colleague, Congress- Chief of the Year. This prestigious award is In addition, Mrs. Kelly was the first woman man JAMES MORAN, of Virginia’s 8th District, to cause for celebration for Chief Villanova and elected to the Dunmore Borough Council. She recognize Command Sergeant Major Gabriel his family, including his wife Linda, three chil- passionately advocated for community spirit Berhane for his 29 years of exemplary service dren, and five grandchildren. Please join me in and spent her career trying to encourage to our nation in the United States Army and to congratulating Police Chief William Villanova women to engage in the political process and congratulate him on the occasion of his retire- for his outstanding achievement and career of community service. ment. service. Mr. Speaker, today, Mrs. Lois Kelly stands The United States of America has distin- guished itself from other nations through the f as an example of selflessness to her family and community in northeastern Pennsylvania. entrepreneurship and spirit of our people, the INTRODUCTION OF THE ENDING I commend her for years of dedicated service knowledge that we can achieve any goal if we TAX BREAKS FOR DISCRIMINA- to our children, community, and country, and set our minds to it, our inherent compassion TION ACT OF 2012 I wish her continued success in the future. and generosity, our fierce patriotism, and the f extraordinary dedication to country and sac- HON. CAROLYN B. MALONEY rifices exhibited by our men and women in WISHING EUGENIA MUROS MALLIS OF NEW YORK uniform. CSM Berhane possesses each of OF SUMMIT A HAPPY 100TH IN THE HOUSE OF REPRESENTATIVES these qualities in abundance. BIRTHDAY Since enlisting in the U.S. Army in 1983, Tuesday, April 17, 2012 CSM Berhane has consistently excelled while Mrs. MALONEY. Mr. Speaker, while the Au- HON. DANIEL LIPINSKI honorably serving in every position in the gusta National Golf Course is known as a pre- OF ILLINOIS Armor and Cavalry field from Dismounted mier golf course and for hosting the Master’s IN THE HOUSE OF REPRESENTATIVES Scout to Command Sergeant Major. Other tournament, the club is also known for its dis- than Sergeant Major of the Army, there is no criminatory policy of denying women member- Tuesday, April 17, 2012 higher rank; a soldier who attains the rank of ship. Yet Augusta is not the only ‘boys club’— Mr. LIPINSKI. Mr. Speaker, I rise today to Command Sergeant Major is the epitome of over 20 other clubs throughout the country congratulate Eugenia Muros Mallis who will success and professionalism. And while it is prohibit women from joining. celebrate her 100th birthday on May 2, 2012. impossible to detail each of the remarkable In addition to these unfair and unjust poli- Known as Jennie to her family and friends, events in CSM Berhane’s illustrious career, let cies, Augusta and other clubs around the Mrs. Mallis has been devoted to children’s bi- us highlight some of his more recent achieve- country are benefitting from federal tax breaks lingual education in Summit, Illinois for many ments and actions that should serve as an in- that allow deductions of business-related en- years. spiration to all Americans. tertainment, business meals, and business ex- Born in Slimnitsa, Greece on May 2, 1912, Between August 2000 and June 2002, CSM penses associated with travel and meetings. Mrs. Mallis immigrated to the United States in Berhane served as a Sergeants Major Course The government currently indirectly subsidizes September of 1927. Becoming an American Instructor, in which he provided pivotal instruc- discrimination by allowing tax deductions when citizen on February 19, 1928, she immediately tion and mentorship to more than 750 Senior individuals and corporations do business at kindled a strong relationship with her neigh- Noncommissioned Officers. In this role, he private clubs that discriminate. It is simply out- borhood Greek-American community. She provided invaluable insight into the manage- rageous that taxpayers barred from joining married her loving husband, Constantine J. ment of the academy and implemented an in- these clubs are forced to pay for business ex- Mallis, on April 22, 1934. After settling in the depth Standard Operating Procedure that was penses associated with them. This is why I am Chicago suburb of Bedford Park with her three a critical component of the accreditation of the reintroducing the Ending Tax Breaks for Dis- daughters, Jennie’s love of children led her to academy and the continued professional de- crimination Act of 2012 so that clubs that dis- seek employment with the local area school velopment of our military leaders. criminate will not be subsidized by the govern- district. As a teacher’s aide in an English-as- From June 2002 to March 2004 CSM ment. This legislation would deny all deduc- a-second language program at Walsh Elemen- Berhane served as Squadron Command Ser- tions for business expenses associated with tary School in Summit, Illinois, she helped chil- geant Major of the 3rd Squadron, 7th Cavalry

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.031 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E559 which consisted of more than 900 personnel over the years. We wish them a happy and nity. It has been acknowledged for its leader- assigned to four ground and three air troops. healthy retirement filled with continued suc- ship in human rights and cultural diversity He ensured the overall readiness of more than cess. through numerous awards, including the Vir- 400 vehicles, helicopters, and equipment. f ginia State Reading Association’s Annual Lit- While deployed, CSM Berhane led a task eracy Award, the Virginia Foundation’s Award force of 1,241 personnel during Operation ON THE BIRTH OF TALLON for Volunteering Excellence, and the Arlington Iraqi Freedom without losing a single soldier. WILLIAM LENIHAN Human Rights Commission’s James B. Hunter CSM Berhane was commended for estab- Human Rights Award. lishing and enforcing standards of combat HON. DIANE BLACK Mr. Speaker, I ask that my colleagues join readiness, training, morale, and discipline for OF TENNESSEE me in recognizing the 50th Anniversary of the the unit during eight months of intense combat IN THE HOUSE OF REPRESENTATIVES Literacy Council of Northern Virginia. Its val- operations. ues of Integrity, Innovation, Respect, Collabo- From March 2004 to January 2009, CSM Tuesday, April 17, 2012 ration, and Excellence have propelled it to Berhane served as Brigade Command Ser- Mrs. BLACK. Mr. Speaker, I am happy to success for the past 50 years and will con- geant Major of the 2nd Brigade, 3rd Infantry congratulate my Legislative Director, Brian tinue to carry the Council through the next 50 Division. He oversaw command and control, Lenihan and his wife Keagan, on the birth of years. I also want to express my gratitude to planning, training, maintenance, deployment their son, Tallon William Lenihan. Tallon Wil- the LCNV staff, Board of Directors, and count- and combat readiness of the Brigade, ensur- liam was born at 3:15 p.m. on Monday, April less volunteers who dedicate their time and ing the overall readiness of more than 1,230 2, 2012, in Washington, DC. resources to empower neighbors of our com- vehicles and managing the deployment of Tallon William Lenihan is nine pounds and munity to develop basic skills of reading, writ- more than 3,800 personnel to Iraq as part of one ounce of pride and joy to his loving grand- ing, and speaking English. the surge initiative. While deployed during this parents, Michael and Marilyn Lenihan of Semi- f time, CSM Berhane personally led more than nole, Florida, and Barclay and Lorita Resler of HONORING GUARIONE DIAZ ON HIS 300 combat patrols and increased retention McLean, Virginia. RETIREMENT FROM THE CUBAN standards by 40%, earning the Commanding I am so excited for this new blessing to the AMERICAN NATIONAL COUNCIL General’s Top Brigade Retention Award for Lenihan family and wish them all the best on the Division. their future endeavors. Most recently, in 2009, CSM Berhane was f HON. ILEANA ROS-LEHTINEN assigned to USAG Fort Belvoir as the Garri- OF FLORIDA son Command Sergeant Major, and he has RECOGNIZING THE LITERARY IN THE HOUSE OF REPRESENTATIVES skillfully assisted in the execution of one of the COUNCIL OF NORTHERN VIR- Tuesday, April 17, 2012 GINIA’S 50 YEARS OF SERVICE largest BRAC missions within the Department Ms. ROS-LEHTINEN. Mr. Speaker, I rise to of Defense. He has provided direct leadership honor a great south Floridian and a dear and management to a staff of 120 soldiers HON. GERALD E. CONNOLLY friend, Guarione Diaz, who after 34 years as and 558 civilians to ensure the effective oper- OF VIRGINIA President and CEO of the Cuban American ations, installation management and base pro- IN THE HOUSE OF REPRESENTATIVES National Council is retiring. He leaves behind grams and services that provide support to Tuesday, April 17, 2012 an immense legacy of service. Fleeing Cas- 9,500 soldiers, 27,000 family members, tro’s tyrannical regime in 1961, Guarione left 100,000 military retirees, and 50,000 DoD em- Mr. CONNOLLY of Virginia. Mr. Speaker, I his native Cuba and immigrated to the United ployees of 145 partner agencies. CSM rise today to recognize the 50th Anniversary of States. While working odd jobs, he graduated Berhane has worked closely with Garrison the Literary Council of Northern Virginia. with a degree in sociology and philosophy Commanders to maintain and enhance the ex- Founded in 1962, the LCNV is the oldest lit- from St. Francis College in New York. He later cellent relationships that exist between Fort eracy program in the state and one of the received his masters in social work from Co- Belvoir and local communities and govern- largest literacy councils in the nation. Through- lumbia University. Guarione first worked for ments that have been impacted by BRAC. out its 50 years of service, the LCNV has New York City’s Department of Employment CSM Berhane is a highly decorated officer; adapted to the growing needs of the Northern and the Community Development Agency, his awards and decorations include: Legion of Virginia community to serve adult learners at where he held numerous management posi- Merit; Bronze Star Medal (w/‘‘V’’ Device); the lowest literacy level. By empowering ap- tions. In 1972, Guarione was invited by Father Bronze Star Medal (w/1 Oak Leaf Cluster); proximately 1,600 adult learners to better par- Mario Vizcaino to join CNC. Initially named the Meritorious Service Medal; Army Commenda- ticipate in their communities, the LCNV is en- Cuban National Planning Council, the Council tion Medal (w/6 Oak Leaf Clusters); Army suring the economic success of hundreds of was the first non-profit organization conducting Achievement Medal (w/6 Oak Leaf Clusters); local families for a lifetime. research on the socio-economic needs of Good Conduct Medal (8th Award); National With the help of more than 1,000 volun- Cuban Americans in the United States. In less Defense Medal (w/Bronze Star); Iraqi Cam- teers, the LCNV has become one of the more than a decade, the Council transformed itself paign Medal; Global War on Terrorism Expedi- efficient and effective community-based lit- to address the educational, housing, employ- tionary Medal; Global War on Terrorism Serv- eracy organizations in the country. In FY2011, ment needs of all Hispanics. ice Medal; Armed Forces Services Medal; these trained volunteers provided more than I have had the privilege to have worked with NCO Professional Development Ribbon (w/ 31,000 hours of service, which amounts to an CNC on numerous occasions. From pre- Numeral Four); Army Service Ribbon; Over- average of 84 hours of volunteer service per school programs to internships to employment seas Ribbon (w/Numeral Five); United Nations day. Their longstanding partnerships with com- services and low-income housing, CNC has Medal; Presidential Unit Citation Medal; Joint munity organizations such as Crestwood Ele- helped prevent so many in our community Meritorious Unit Medal; Meritorious Unit Com- mentary School, Woodlawn Elementary from slipping through the cracks. It has been mendation Medal; Parachutist Badge; Drill School, and the Lorton Senior Center, ensure a tremendous asset and support system for so Sergeant Badge and Combat Action Badge. neighborhood ties that foster educational many in our south Florida community. Not only CSM Berhane is a member of the Sergeant growth for the whole family. has CNC assisted those who have fallen on Audie Murphy Club and also a recipient of the Following an economic downturn, adult edu- hard times, they have also nurtured the next Order of Saint George. cation becomes a low priority for many low- generation of Hispanic leaders. Mr. Speaker, we ask our colleagues to join level literacy adults. Even in the face of this, Even though his public persona has been us in commending Command Sergeant Major the LCNV’s programs saw improved retention as head of the Cuban American National Gabriel Berhane for his unwavering dedication and attendance rates. This last year, it also Council, I consider Guarione a part of my ex- to duty in peacetime and in combat. CSM added a credentialed Special Education teach- tended family. Given that he has been friends Berhane’s accomplishments and expertise er to its staff to ensure a learner-focused edu- with my dad for nearly 50 years, he has been have contributed immeasurably to our national cation for any adult with learning differences. a dear part of my life for as long as I can re- defense and security, and he has earned the Recognized for the second time as ‘‘One of member. His life has always been marked by admiration, respect, and gratitude of all Ameri- the Best Small Charities in the Washington, a sense of responsibility towards those most cans. We also thank CSM Berhane’s wife, D.C. Region’’ by the Catalogue for Philan- vulnerable in our society. Guarione’s entire Connie, and their children, Jasmin, Michael thropy, the LCNV is continually lauded as a professional career has been centered on this and Rashawn, for their support and sacrifices successful and valued partner in the commu- mission.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.033 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E560 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 Whether it’s his work with community orga- wage gap between women and men. April John K. Carney, who dedicated his life to the nizations, such as the National Association for 17th marks how far into 2012 a woman has to service of our nation. Colonel Carney passed the Hispanic Elderly, National Council of La work in order to make what her male counter- away on March 17th. He was born on October Raza and the Florida Commission on Edu- part made in 2011. This is a travesty, and a 31, 1913 in Braxton County, West Virginia. He cation Reform and Accountability, Guarione milestone we should not still be forced to mark joined the military in 1941, serving with distinc- has never forgotten his roots or commitment in the 21st Century. In the 111th Congress, we passed into law tion in the U.S. Air Force in World War II, and to provide help for those who most need it. In for a total of 24 years before retiring in 1966. many ways, his experiences as a Cuban exile the Lilly Ledbetter Fair Pay Act, which rein- Colonel Carney supervised an array of man- have informed so much of what he has done. forced the ability of women to sue for pay dis- As a fellow Cuban-American, I know the indel- crimination. This was a crucial victory, but we agement and logistics programs both in the ible mark that is left by the struggles of leaving must continue the fight and finish the job by United States and overseas, in South Amer- one’s homeland and fighting against tyranny. passing into law H.R. 1519, the Paycheck ica, Trinidad, Saudi Arabia, and twice in the The desire to give back to this great Nation Fairness Act. As in past Congresses, I am Philippines. He completed his military service that welcomed so many of us with open arms, proud to be an original cosponsor of the Pay- at the Pentagon in the Office of the Secretary check Fairness Act. This bill would narrow the as we fled Castro’s totalitarian grip, is some- of Defense where he headed the joint service wage gap between men and women and thing Guarione has never forgotten. Even planning and negotiating groups to consolidate strengthen the Equal Pay Act, which makes it though Guarione will be an irreplaceable voice unlawful for an employer to pay unequal major logistics functions for the Department of as he retires from CNC’s leadership, his leg- wages to men and women that have similar Defense. acy will be the foundation for what I am sure jobs within the same establishment. Following his retirement from the Air Force, will be CNC’s continued success. The Paycheck Fairness Act would allow Colonel Carney continued his national service, f women to sue for wage discrimination and re- working for the General Services Administra- TO RECOGNIZE THE SHEPHERD’S ceive punitive damages, as well as compen- tion for 14 years. He helped institute a govern- satory damages. Currently, women who seek CENTER OF OAKTON-VIENNA ment-wide national supply system to improve compensation for unequal pay can only re- cover back pay, or in some cases, double efficiencies and eliminate duplicative functions. HON. GERALD E. CONNOLLY back pay. While this bill would increase pen- Colonel Carney retired from GSA in 1980 as OF VIRGINIA alties for employers who pay different wages the Director of Supply Policy in the Federal IN THE HOUSE OF REPRESENTATIVES to men and women for equal work, it also pro- Supply Service, having spent almost four dec- Tuesday, April 17, 2012 vides incentives such as training programs for ades of his life in service. Mr. CONNOLLY of Virginia. Mr. Speaker, I employers to eliminate pay disparities and Colonel Carney displayed the same endur- rise today to recognize the Shepherd’s Center grant programs to help strengthen the negotia- ing devotion throughout his private life. He of Oakton-Vienna for its many contributions to tion skills of girls and women. Some may argue that these changes are was a former Divine World Seminarian who the Northern Virginia community. Organized in not necessary, but the numbers speak for graduated from the Jesuit-run Springhill Col- 1997, the Shepherd’s Center of Oakton-Vi- themselves. Despite greatly increased commit- lege in Mobile, Alabama during his military ca- enna provides services to assist older adults ment to the labor force over the past 45 years, reer under ‘‘Operation Bootstrap.’’ Upon mov- to continue living independently and offer pro- women working full time make 77 cents for ing to Springfield, Virginia in 1960, Colonel grams which supply opportunities for enrich- every dollar earned by a man—less than a 20- Carney was dedicated to his local community. ment, learning, and socialization. percent increase since the Equal Pay Act was 2011 has been a year of continued growth He was a founding member of St. Bernadette signed into law in 1963. In Rhode Island, the Catholic Church and a member of the Air for the Shepherd Center. Volunteer drivers median pay for a woman working full time, provided more than 500 round-trip rides for Force Association, The Retired Officers Asso- year round is $40,532 per year, while the me- ciation, and the National Association of the medical appointments and prescription pick- dian yearly pay for a man is $50,567. This Uniformed Services. Colonel Carney is sur- up, a 10-percent increase from 2010. There means that women are paid 80 cents for every were 295 round-trips rides for non-medical er- dollar paid to men, amounting to a yearly gap vived by his wife, the former Adelle Wright, rands, a 28-percent increase. In addition, of $10,035 between full-time working men and their four daughters, Constance Bedell, hours contributed to Friendly Visits increased women in the state. Bernadine O’Hare, and Deborah Fowler, all of 68 percent, ensuring that seniors can stay Even more troublesome, nationally, African- Virginia, and Catherine Carney of West Vir- connected to the community. The Shepherd American women earn 66 cents to the dollar ginia, their two sons, Daniel Carney of Geor- Center’s many other services include assist- and Latina women earn 55 cents to the dollar gia and Patrick Carney of Virginia, their 16 ance with downsizing and decluttering, minor compared to men. According to a Census Bu- grandchildren, and their 19 great grand- home repairs to help older adults keep their reau study, male high school graduates children. homes safe and livable, and a range of pro- earned $13,000 more than female high school grams designed to encourage active lifestyles graduates in 2006. Women with a bachelor’s I ask my colleagues to join with me in offer- and community integration, including Lunch ’n’ degree employed year-round earned $53,201, ing our sincerest condolences to his relatives, Life, Adventures in Learning, and various trips while similarly educated men earned an aver- and in honoring the life and example of Colo- and outings. age of $76,749. This same study also noted nel John K. Carney for his dedicated service Mr. Speaker, I ask that my colleagues join that the pay difference between men and to his country, his community, and his family. me in recognizing the Shepherd Center of women grows wider as they age. Oakton-Vienna for the services which enable Mr. Speaker, I urge my colleagues to sup- f older adults in our community to age in place port the Paycheck Fairness Act to protect the and enjoy their golden years with dignity and fundamental right of women to earn equal pay PERSONAL EXPLANATION independence. I thank the many volunteers for equal work, to support mothers who just who generously dedicate their time and efforts want to be treated fairly by their employers to the welfare of our neighbors. Their extraor- while they provide for their children, and to en- HON. JEFF MILLER dinary contributions cannot be overstated and sure that daughters still in school can reach OF FLORIDA are deserving of our highest praise. their full potential when they graduate. IN THE HOUSE OF REPRESENTATIVES f f HONORING THE LIFE OF COLONEL EQUAL PAY DAY Tuesday, April 17, 2012 JOHN K. CARNEY Mr. MILLER of Florida. Mr. Speaker, due to HON. JAMES R. LANGEVIN HON. GERALD E. CONNOLLY being unavoidably detained, I missed the fol- OF RHODE ISLAND OF VIRGINIA lowing rollcall vote No. 152 on April 16, 2012. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES If present, I would have voted: rollcall vote Tuesday, April 17, 2012 Tuesday, April 17, 2012 No. 152—H.R. 3001—On Motion to Suspend Mr. LANGEVIN. Mr. Speaker, I rise today on Mr. CONNOLLY of Virginia. Mr. Speaker, I the Rules and Pass the Raoul Wallenberg Equal Pay Day to highlight the persistent rise today to honor my constituent, Colonel Centennial Celebration Act, ‘‘aye.’’

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A17AP8.037 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E561 RECOGNIZING HOLOCAUST April 16th) and missed rollcall votes 152–153. with all other cigarettes. In doing so—and this REMEMBRANCE DAY 2012 Had I been present, I would have voted ‘‘aye’’ is very important—H.R. 4134 should be read on both rollcall votes 152 (H.R. 3001, the as applying prospectively only—neither retail- HON. GERALD E. CONNOLLY Raoul Wallenberg Centennial Celebration Act) ers nor consumers of RYO cigarettes before OF VIRGINIA and 153 (H.R. 4040, which would provide for the date of enactment of my legislation should IN THE HOUSE OF REPRESENTATIVES the award of a gold medal on behalf of Con- be forced to pay any taxes on cigarettes man- Tuesday, April 17, 2012 gress to Jack Nicklaus). ufactured in these machines and sold before f the date of enactment. I understand that there Mr. CONNOLLY of Virginia. Mr. Speaker, I is litigation pending in this regard brought by rise today to recognize the Days of Remem- RECOGNIZING THE FAIRFAX COUN- the Department of the Treasury. My legislation brance as our Nation’s annual commemoration TY SHERIFF’S OFFICE RECIPI- should end that litigation and settle this issue of the Holocaust. As you know, Congress des- ENTS OF THE 2012 FAIRFAX once and for all. ignated this week-long observance in honor of COUNTY CHAMBER OF COM- I also want to note that H.R. 4134 is not in- the victims of the Holocaust and created the MERCE VALOR AWARDS tended to affect small, hand-operated devices United States Holocaust Memorial Museum to used by customers at home to assemble roll- serve as a permanent living memorial to them. HON. GERALD E. CONNOLLY your-own cigarettes. These small devices, This year’s Remembrance week is April OF VIRGINIA which customers take away from the retail es- 15th through the 22nd, and communities IN THE HOUSE OF REPRESENTATIVES tablishment in original packaging and use for throughout the country will observe this occa- Tuesday, April 17, 2012 personal convenience and not for commercial sion with educational programs and other ac- purposes, have been sold for many decades tivities. I am pleased to share with my col- Mr. CONNOLLY of Virginia. Mr. Speaker, I rise today to recognize an outstanding group without giving rise to the tax avoidance abuse leagues that the Fairfax County, Virginia, my legislation seeks to address. Board of Supervisors, in my district, is pro- of men and women in Northern Virginia. I am very pleased that Senator MAX BAUCUS These individuals have demonstrated superior claiming April 22 as Holocaust Remembrance amended the Senate-passed highway trans- dedication to public safety and have been Day. portation bill with language very similar to my It is important that we pause annually to re- awarded the prestigious Valor Award by the bill. I look forward to working with him and oth- flect on the systemic persecution and annihila- Fairfax County Chamber of Commerce. ers in order to enact this law, and I urge my tion of European Jews by Nazi Germany and The Valor Awards recognize remarkable colleagues to cosponsor H.R. 4134 in the its collaborators between 1933 and 1945. heroism and bravery in the line of duty exem- House of Representatives. More than six million Jews were murdered plified by our public safety agencies and their during that period and countless others were commitment to the community. Our public f targeted for oppression or destruction based safety and law enforcement personnel put IN RECOGNITION OF THE ASIAN- on factors of race, ethnicity, religion, political their lives on the line every day to keep our AMERICAN CHAMBER OF COM- affiliation, disability or sexual orientation. The families and neighborhoods safe. More than MERCE AND THE RECIPIENTS OF atrocities of that era serve as a reminder for 100 individuals are receiving much deserved THE 2012 ASIAN-AMERICAN current and future generations about the moral awards in a variety of categories including: CHAMBER AWARDS responsibilities of individuals, societies and The Lifesaving Award, the Certificate of Valor, governments. This year’s national theme, as and the Bronze or Silver Medal of Valor. HON. GERALD E. CONNOLLY selected by the museum, is ‘‘Choosing to Act: Two members of the Fairfax County Sher- OF VIRGINIA Stories of Rescue’’ and seeks to capture that iff’s Office are being honored this year for their IN THE HOUSE OF REPRESENTATIVES sentiment. exceptional service. It is with great pride that Confronted with the cruelty against humanity I submit the names of the following award re- Tuesday, April 17, 2012 taking place in front of them, many witnesses cipients into the CONGRESSIONAL RECORD: Mr. CONNOLLY of Virginia. Mr. Speaker, I faced a choice of whether to intervene. Of 2012 Bronze Medal of Valor Recipient: Pri- rise today to recognize the Asian-American course, doing so brought the risk of severe vate First Class Naftali Jacob Chamber of Commerce and the recipients of 2012 Certificate of Valor Recipient: MDS punishment, and, in some cases, death. Fear the 2012 Asian-American Chamber Awards. Kathleen Holohan drove many to idly stand by, but there were The Asian-American Chamber of Commerce Mr. Speaker, I congratulate the 2012 Valor many ordinary citizens who carried out ex- (AACC) is dedicated to improving the eco- Award Recipients, and thank each of the men traordinary acts of courage on behalf of their nomic development for Asian Pacific American and women who serve in the Fairfax County fellow man, whether it was a government offi- owned businesses in the Washington, D.C. re- Sheriff’s Office. Their efforts, made on behalf cial who forged identity papers or the house- gion. The 11th District of Virginia is blessed by of the citizens of Fairfax County, are selfless wife and her daughter who hid a family in their its diversity; 1 in 4 residents are foreign born acts of heroism and truly merit our highest attic. Ultimately the United States and the Al- and more than 40% are minorities, with Asian praise. I ask my colleagues to join me in ap- lies, which later became the United Nations, Americans representing the largest ethnic plauding this group of remarkable citizens. prevailed over the Axis powers, preventing the group. Northern Virginia has a robust inter- further spread of their tyranny and evil. f national business community and is home to Mr. Speaker, commemorative events mark- H.R. 4134 the largest concentration of minority-owned ing the Days of Remembrance are taking technology firms in the nation. The AACC and place here in our Nation’s capital and in com- HON. DIANE BLACK its members contribute greatly to our eco- munities throughout the country. I hope my nomic strength and stability; Asian-American colleagues have an opportunity to take part in OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES businesses generate more than 52% of total one of these observances. This is a time to revenues generated by all minority owned stand in solidarity with our Jewish neighbors, Tuesday, April 17, 2012 businesses in this region. the nation of Israel, and our allies across the Mrs. BLACK. Mr. Speaker, I rise today to Each year, the AACC recognizes busi- globe to once again rekindle awareness of this discuss H.R. 4134, which I introduced on nesses and non-profits in the Asian American terrible tragedy in world history and to rededi- March 5, 2012. This legislation will curtail a community for their outstanding contributions cate ourselves to never allowing such acts to tax abuse involving the mass production of to the Metropolitan Washington community happen again. cigarettes through ‘‘roll-your-own’’ machines at and economy. I congratulate the following indi- f retail establishments. Currently, so-called viduals and businesses for receiving one of PERSONAL EXPLANATION ‘‘pipe tobacco’’ is taxed at rates dramatically the 2012 Asian-American Chamber of Com- less than ‘‘cigarette tobacco’’ and ‘‘roll-your- merce Awards: HON. DONNA F. EDWARDS own tobacco.’’ That has had the effect of form- Asian Business Leader Award (Post- ing an industry of retailers that put RYO ma- humous): Mr. Jay Chen, Asian Fortune. OF MARYLAND chines in their stores that allow customers to Volunteer of the Year: Mr. Vance Zavela, IN THE HOUSE OF REPRESENTATIVES manufacture cigarettes for far less than the Fairfax County Office of Public and Private Tuesday, April 17, 2012 cost of name-brand cigarettes. Partnerships. Ms. EDWARDS. Mr. Speaker, I was absent My legislation will require that RYO ciga- Small Business of the Year: Analee’s Prom, from votes in the House yesterday (Monday, rettes are produced on a level playing field Bridal, Special Occasion & Tuxedo.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.037 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E562 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2012 Outstanding Corporate Partner: Dominion The Valor Awards recognize remarkable est praise. I ask my colleagues to join me in Virginia Power. heroism and bravery in the line of duty exem- applauding this group of remarkable citizens. Community Service Award: Asian Commu- plified by our public safety agencies and their f nity Service Center. commitment to the community. Our public Public Service Award: Grace Han Wolf, safety and law enforcement personnel put RECOGNIZING THE CAREER AND Herndon Town Councilmember. their lives on the line every day to keep our RETIREMENT OF MRS. MARIANA Asian Business Excellence Award: Informa- families and neighborhoods safe. More than ‘‘MIMI’’ IACONO tion Management Consultants (IMC) Inc. 100 individuals are receiving much deserved Mr. Speaker, I ask that my colleagues join awards in a variety of categories including: HON. JERRY F. COSTELLO me in congratulating the honorees of the 2012 The Lifesaving Award, the Certificate of Valor, OF ILLINOIS Asian-American Chamber of Commerce or the Bronze or Silver Medal of Valor. IN THE HOUSE OF REPRESENTATIVES Awards and in commending the Asian-Amer- Fifty members of the Fairfax County Police Tuesday, April 17, 2012 ican Chamber of Commerce for its work to Department are being honored this year for support Asian- and Pacific Islander-owned their exceptional service. It is with great pride Mr. COSTELLO. Mr. Speaker, I rise today to businesses throughout our region. that I submit the names of the following Valor ask my colleagues to join me in recognizing f Award Recipients into the CONGRESSIONAL the career of Mrs. Mariana ‘‘Mimi’’ Iacono as RECORD: she retires after 25 years of Air Force Civilian IN RECOGNITION OF MR. NORMAN 2012 Silver Medal of Valor Recipients: Sec- Service. MEADOR ond Lieutenant Kevin D. Barrington, Police Of- Mimi Iacono began her civil service career ficer First Class Jessica R. Kane, Captain with the Department of Defense in 1987, start- HON. PETE SESSIONS Ronald P. Novak, Police Officer First Class Ali ing as a Protocol and Management Assistant OF TEXAS Sepehri, Police Officer First Class Nathan D. in the Military Airlift Command and Air Mobility IN THE HOUSE OF REPRESENTATIVES Sloan, Police Officer First Class Federick R. Command. For 17 years, she has served as a Yap. legislative counsel for the Commander of the Tuesday, April 17, 2012 2012 Bronze Medal of Valor Recipients: United States Transportation Command Mr. SESSIONS. Mr. Speaker, I rise today to Second Lieutenant Michael E. Johnson, Police (USTRANSCOM). recognize Mr. Norman Meador for his dedi- Officer First Class Kenyatta L. Momon, Master USTRANSCOM, located at Scott Air Force cated service to Boy Scout Troop 890 in Lake Police Officer Patrick M. Nolan, Jr., Master Base, was established in 1987, coincidentally Highlands, Texas. Police Officer Peter L. Norris, Police Officer the same year Mimi began her civil service ca- Chartered in 1961, Troop 890 was orga- First Class John A. Parker, Police Officer First reer. It is one of ten U.S. unified commands nized to help shape the lives of boys in Dallas Class Daniel K. Perdue, Police Officer First and is the single manager of the United by teaching them the principles of Scouting. Class Edward S. Rediske. States’ global defense transportation system. Over the past forty years, Mr. Meador’s love of 2012 Certificate of Valor Recipients: Police Because of Mimi’s efforts, each TRANSCOM Scouting has led him to serve Troop 890 in a Officer First Class Rockie Akhavan, Sergeant commander has enjoyed productive engage- variety of official and unofficial roles. During Garrett G. Boderick, Police Officer First Class ment with Members of Congress, enabling this time, he has taught and instilled in many Terence G. Bridges, Police Officer First Class those commanders to communicate effectively young men the values and knowledge nec- Brooks R. Gillingham, Police Officer First about their mission, their needs and their essary to mature and become leaders in their Class Ronald J. Grecco, Police Officer First value to the nation. communities and our country. Among the hun- Class Christoforos D. Mamalis, Police Officer Mimi’s effectiveness has been enhanced by dreds that benefited from Mr. Meador’s serv- First Class Brendan T. McMahon, Officer Gary her thorough understanding of all aspects of ant leadership are my sons, Bill and Alex; both Moore, Jr., Police Officer First Class Jose R. USTRANSCOM as well as the legislative proc- were active in Troop 890 and attained the Morillo, Police Officer First Class Carl L. Par- ess. She has developed solid working relation- prestigious rank of Eagle Scout under his tute- sons, Second Lieutenant Matthew W. Pifer, ships with Congressional staff and her work lage. Police Officer First Class Philip C. Stone, Jr., directly with my office has always been appre- In 2011, as Troop 890 celebrated its 50th Police Officer First Class Thomas D. Thomp- ciated. She is truly a valuable resource who Anniversary, Mr. Meador was recognized for son, Police Officer First Class Leanna D. Wil- will be sorely missed, but whose legacy will his dedicated service and received the pres- son, Police Officer First Class Courtney endure. tigious Scoutmaster Emeritus Award. On April K.Young. Mimi and her husband, David, reside in 28, 2012, Boy Scout Troop 890 will hold a 2012 Lifesaving Award Recipients: Police O’Fallon, Illinois, and have two sons, Michael special ceremony at Camp Constantin where Officer First Class Carolina M. Bennett, Police and David. a new pavilion will be named in honor of Mr. Officer First Class Brian T. Buracker, Nancy Mr. Speaker, I ask my colleagues to join me Meador. The Meador Eagle Pavilion will serve C. Burke, Master Police Officer Rudolph V. in an expression of appreciation to Mariana as a testament of his faithful service to Troop Coffield, Police Officer First Class Christopher ‘‘Mimi’’ Iacono for her years of dedicated serv- 890 and his commitment to Scouting. L. Coleman, Master Police Officer Crystal J. ice to the United States Air Force and to wish Mr. Speaker, I ask the U.S. House of Rep- Gray, Police Officer First Class Ronald J. her the very best in the future. resentatives to join me in congratulating Mr. Grecco, Second Lieutenant Brian E. Hall, Po- f Meador on this great honor. I wish him all the lice Officer First Class Timothy M. Henderson, best. May God bless him and his family. Police Officer First Class John C. Keenan, Po- RECOGNIZING THE FAIRFAX COUN- TY FIRE AND RESCUE DEPART- f lice Officer First Class Jason J. Mardocco (2 Lifesaving Awards), Second Lieutenant Shawn MENT RECIPIENTS OF THE 2012 RECOGNIZING THE FAIRFAX COUN- C. Martin, Master Police Officer Maureen M. CHAMBER OF COMMERCE VALOR TY POLICE DEPARTMENT RE- McKeon, Police Officer First Class Michael D. AWARDS CIPIENTS OF THE 2012 FAIRFAX Mittiga, Master Police Officer Joseph A. COUNTY CHAMBER OF COM- Moore, Police Officer First Class Camille S. HON. GERALD E. CONNOLLY MERCE VALOR AWARDS Neville, Police Officer First Class Richard OF VIRGINIA Pearl, Police Officer First Class Scott M. Rich- IN THE HOUSE OF REPRESENTATIVES ards, Police Officer First Class Stacy L. HON. GERALD E. CONNOLLY Tuesday, April 17, 2012 OF VIRGINIA Sassano, Master Police Officer Stephen M. IN THE HOUSE OF REPRESENTATIVES Selby, Police Officer First Class Ali Sepehri, Mr. CONNOLLY of Virginia. Mr. Speaker, I Master Police Officer William W. Stewart, III, rise today to recognize an outstanding group Tuesday, April 17, 2012 Police Officer First Class David Trelinski, and of men and women in Northern Virginia. Mr. CONNOLLY of Virginia. Mr. Speaker, I Master Police Officer Dennis E. Vorbau. These individuals have demonstrated superior rise today to recognize an outstanding group Mr. Speaker, I congratulate the 2012 Valor dedication to public safety and have been of men and women in Northern Virginia. Award Recipients, and thank each of the men awarded the prestigious Valor Award by the These individuals have demonstrated superior and women who serve in the Fairfax County Fairfax County Chamber of Commerce. dedication to public safety and have been Police Department. Their efforts, made on be- The Valor Awards recognize remarkable awarded the prestigious Valor Award by the half of the citizens of Fairfax County, are self- heroism and bravery in the line of duty exem- Fairfax County Chamber of Commerce. less acts of heroism and truly merit our high- plified by our public safety agencies and their

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.039 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E563 commitment to the community. Our public HONORING THE 100TH ANNIVER- tions to ensure that their voices are heard and safety and law enforcement personnel put SARY OF OUR LADY OF MOUNT that their communities stay strong. their lives on the line every day to keep our CARMEL SCHOOL IN HERRIN, IL- Each year, the Federation honors a select families and neighborhoods safe. More than LINOIS few individuals for extraordinary contributions 100 individuals are receiving much deserved to the community that have resulted in tan- awards in a variety of categories including: HON. JERRY F. COSTELLO gible improvements in our neighborhoods, schools, businesses and local government. The Lifesaving Award, the Certificate of Valor, OF ILLINOIS This is the 62nd Annual Awards Banquet, and IN THE HOUSE OF REPRESENTATIVES and the Bronze or Silver Medal of Valor. this year’s honorees each have dedicated Fifty-one members of the Fairfax County Tuesday, April 17, 2012 years of service to their neighbors, their com- Fire and Rescue Department are being hon- Mr. COSTELLO. Mr. Speaker, I rise today to munity and all of Fairfax County. ored this year for their exceptional service. It ask my colleagues to join me in congratulating It is my pleasure to recognize the following is with great pride that I submit the names of Our Lady of Mount Carmel School, in Herrin, individuals for their service to the community: the following award recipients into the CON- Illinois, on the occasion of their 100th Anniver- 2011 Citizen of the Year: Walter Alcorn for his 14 years of service on the Fairfax County GRESSIONAL RECORD: sary. Herrin, Illinois, was founded at the turn of Planning Commission. During his tenure, he 2012 Silver Medal of Valor Recipients: Lieu- the 20th Century and it quickly was populated has chaired the Tysons Corner Committee tenant Thomas L. Flint III and Technician Rob- by immigrants, primarily from Italy, who came since 2008, chaired the Environmental Com- ert E. Pickel, Jr. to work in the area coal mines. The first Mass mittee from 1997–2006, and served as Vice- 2012 Bronze Medal of Valor Recipients: for the growing Catholic population was said in Chair of the Planning Commission since being Technician Thomas R. Barnes, Lieutenant the town hall in 1900 but plans were soon in appointed in 1997. Mr. Alcorn also has been involved in his Reston community through his Kenneth L. Coffelt, Technician Rolando E. place for a permanent church. The new involvement with the United Christian Parish Contreras, Lieutenant Aron J. Corwin, Master church, initially named St. Mary’s Church, was dedicated in August, 1901. and also as a little league coach. Technician Anthony E. Doran, Firefighter As with most Catholic parishes, the mem- 2011 Citation of Merit: Ellie Ashford for her Brendan M. Downing, Technician Michael L. bers of St. Mary’s planned for a school to edu- professional community journalism, tirelessly Frames, Technician Richard D. Gundert, Mas- cate the children of the parish. A three room working to produce the Annandale Blog ter Technician William F. Kight, Jr., Master building was constructed in 1912 to house the (annandaleblog.com), an exceptional local Technician John P. McDonell, Technician first 104 students in grades one through three. blog that was recently recognized by The Lawrence G. Mullin, Firefighter Cory S. Parry, Two lay teachers served as the faculty for the Washington Post as a ‘‘must read.’’ Ms. Technician John M. Smith, Lieutenant Rodney first two years at St. Mary’s before the Pre- Ashford also has received top honors from the S. Vaughn, Master Technician Reginald L. cious Blood Sisters arrived in 1914. Society for National Association Publications, Wadley, Lieutenant Erick L. Weinzapfel, Mas- St. Mary’s school grew so quickly in its first the Association of Educational Publications, the American Society of Association Execu- ter Technician Christopher H. Williams, Tech- years that the enrollment peaked at 365 stu- tives, and the International Association of nician Eric M. Wyatt, and Lieutenant Earl J. dents in 1920 and the 1930 graduating class of 54 remains the largest in the school’s his- Business Communicators. Burroughs tory. In 1925, a larger church was completed 2011 Citation of Merit: Corazon Foley for 2012 Certificate of Valor Recipients: Fire and the parish was officially named Our Lady her efforts to establish the Burke/West Spring- Medic Eli A. Bredbenner, Captain I David P. of Mount Carmel, although many would con- field Senior Center Without Walls Conrad, Technician Edwin E. Flores, Techni- tinue to call it St. Mary’s. (BWSSCWoW). Due to her tireless efforts, the cian James M. Furman, Technician John C. Our Lady of Mount Carmel School has Center has succeeded in providing programs Guy, Jr., Captain II Glenn A. Mason, Techni- adapted through many changes over its 100 for more than 450 seniors in Fairfax County. cian Shannon G. Reed, Technician Robert G. year history but it has always remained true to Mrs. Foley also was named Lady Fairfax in 2009 for founding the Asian American History Ritchie, and Firefighter Rodney D. Washington its core values of providing the highest quality of education while rooted in the teachings of Project. 2012 Lifesaving Award Recipients: Techni- the Catholic faith. Their Mission Statement 2011 Citation of Merit: Terry Maynard for his cian Mica A. Bland (2 Lifesaving Awards), says it best, that they ‘‘exist to enable stu- work in development issues and planning for Firefighter Namaste Bosse, Lieutenant Keith dents to become knowledgeable and active in the Reston community. He has served on the W. Cerzullo, Technician Brian M. Chinn, Tech- their faith, to educate students academically, Board of Directors for the Reston Citizens As- nician Robin S. Clement, II, Firefighter/Medic and to develop strong moral character.’’ sociation (RCA) and the Reston 2020 Com- Joseph C. Deutsch, Technician Michael S. Mr. Speaker, I ask my colleagues to join me mittee. As the RCA representative to the on- Eddy, Technician Edwin E. Flores, Lieutenant in congratulating the administration, faculty, going Reston Master Plan Special Study Task Force, Mr. Maynard has been an outspoken Thomas Hyden, Technician Peter C. Kehne, staff and students of Our Lady of Mount Car- mel School as they celebrate their 100th Anni- advocate for reasoned, balanced, smart Firefighter Salman F. Khan, Firefighter Tim- versary and to wish them the very best for growth policies along the Silver Line Metro ex- othy D. Kim, Technician Michael T. King, Fire- many more years to come. pansion. fighter Heather J. Lefever, Captain Jeffrey L. f 2011 Special Gratitude Award: Suzanne Mongold, Lieutenant Michael C. Nelson, Tech- Harsel for her years of service representing nician Laura E. Pollard, Firefighter Placido TO RECOGNIZE THE 2012 FAIRFAX the Braddock District on the Fairfax County Sanchez, Technician Clarke V. Slaymaker, II, COUNTY FEDERATION OF CITI- Planning Commission. First appointed in 1982, Lieutenant John J. Tedesco, Captain I Wayne ZENS ASSOCIATIONS HONOREES Ms. Harsel was reappointed 7 times and P. Wentzel, and Firefighter Brandon M. Win- served with distinction until her retirement in field HON. GERALD E. CONNOLLY December 2011. Having served for nearly 30 years, Ms. Harsel had the longest continuous Mr. Speaker, I congratulate the 2012 Valor OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES service on the Planning Commission. Award Recipients, and thank each of the men Mr. Speaker, I ask my colleagues to join me and women who serve in the Fairfax County Tuesday, April 17, 2012 in thanking these individuals and in congratu- Fire and Rescue Department. Their efforts, Mr. CONNOLLY of Virginia. Mr. Speaker, I lating them on being honored by the Fairfax made on behalf of the citizens of Fairfax rise to recognize the 2012 honorees of the County Federation of Citizens Associations. County, are selfless acts of heroism and truly Fairfax County Federation of Citizens Associa- Civic engagement defines a community, and it merit our highest praise. I ask my colleagues tions Awards Banquet. is thanks to these individuals that Fairfax to join me in applauding this group of remark- The Fairfax County Federation of Citizens County residents enjoy such an excellent qual- able citizens. Associations is a coalition of civic and home- ity of life. The contributions and leadership of owners associations from across Fairfax these honorees have been a great benefit to County. Through the Federation, individual our community and truly merit our highest communities collaborate with other associa- praise.

VerDate Mar 15 2010 06:58 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.041 E17APPT1 smartinez on DSK6TPTVN1PROD with REMARKS Tuesday, April 17, 2012 Daily Digest Senate Reid Amendment No. 2016 (to Amendment No. Chamber Action 2015), of a perfecting nature. Page S2369 Routine Proceedings, pages S2345–S2454 Reid motion to recommit the bill to the Com- Measures Introduced: Seven bills and six resolu- mittee on Homeland Security and Governmental Af- tions were introduced, as follows: S. 2286–2292, S. fairs with instructions, Reid Amendment No. 2017, Res. 419–423, and S. Con. Res. 41. Pages S2392–93 to change the enactment date. Page S2369 Measures Passed: Reid Amendment No. 2018 (to (the instructions) Amendment No. 2017), of a perfecting nature. Gold Star Wives Day: Senate agreed to S. Res. Page S2369 420, designating April 5, 2012, as ‘‘Gold Star Wives Reid Amendment No. 2019 (to Amendment No. Day’’. Pages S2451–52 2018), of a perfecting nature. Page S2369 Global Youth Service Day: Senate agreed to S. A motion was entered to close further debate on Res. 421, designating April 20 through 22, 2012, Reid (for Lieberman) Modified Amendment No. as ‘‘Global Youth Service Day’’. Pages S2452–53 2000 (listed above), and, in accordance with the pro- Congratulating the University of Kentucky visions of Rule XXII of the Standing Rules of the Men’s Basketball Team: Senate agreed to S. Res. Senate, a vote on cloture will occur on Thursday, 422, commending and congratulating the University April 19, 2012. Page S2454 of Kentucky men’s basketball team for winning its A motion was entered to close further debate on eighth Division I National Collegiate Athletic Asso- the bill, and, in accordance with the provisions of ciation championship. Page S2453 Rule XXII of the Standing Rules of the Senate, a Congratulating Western Washington University vote on cloture will occur upon disposition of Reid Men’s Basketball Team: Senate agreed to S. Res. (for Lieberman) Modified Amendment No. 2000 423, congratulating Western Washington University (listed above). Pages S2435–51 for winning the 2012 National Collegiate Athletic During consideration of this measure today, Senate Association Division II Men’s Basketball Champion- also took the following action: ship. Page S2453 Pursuant to the order of April 16, 2012, the mo- Measures Considered: tion to proceed to consideration of the motion to re- 21st Century Postal Service Act: Senate began consider the vote by which cloture was not invoked consideration of S. 1789, to improve, sustain, and on the motion to proceed to consideration of the bill transform the United States Postal Service, after on March 27, 2012, was agreed to. Page S2369 agreeing to the motion to proceed, withdrawing the A unanimous-consent agreement was reached pro- committee-reported substitute amendment, and tak- viding that the motion to reconsider the vote by ing action on the following amendments and mo- which cloture was not invoked on the motion to tions proposed thereto: Pages S2348–70, S2435–51 proceed to consideration of the bill on March 27, Pending: 2012, was agreed to. Page S2348 Reid (for Lieberman) Modified Amendment No. By 74 yeas to 22 nays (Vote No. 66), three-fifths 2000, in the nature of a substitute. Page S2369 of those Senators duly chosen and sworn, having Reid Amendment No. 2013 (to Amendment No. voted in the affirmative, Senate upon reconsideration 2000), to change the enactment date. Page S2369 agreed to the motion to close further debate on the Reid Amendment No. 2014 (to Amendment No. motion to proceed to consideration of the bill. 2013), of a perfecting nature. Page S2369 Pages S2348–49 Reid Amendment No. 2015 (to the language pro- posed to be stricken (by Amendment No. 2000)), to change the enactment date. Page S2369 D354

VerDate Mar 15 2010 06:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC D17APPT1 smartinez on DSK6TPTVN1PROD with DIGEST April 17, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D355 Violence Against Women Reauthorization Act— DEFENSE AUTHORIZATION REQUEST AND Agreement: Senate began consideration of the mo- FUTURE YEARS DEFENSE PROGRAM tion to proceed to consideration of S. 1925, to reau- Committee on Armed Services: Subcommittee on Emerg- thorize the Violence Against Women Act of 1994. ing Threats and Capabilities concluded a hearing to Page S2370 examine the health and status of the Department of A unanimous-consent-time agreement was reached Defense science and technology laboratories and en- providing for further consideration of the motion to terprise in review of the Defense Authorization re- proceed to consideration of the bill at approximately quest for fiscal year 2013 and the Future Years De- 9:30 a.m., on Wednesday, April 18, 2012, with the fense Program, after receiving testimony from first hour equally divided and controlled between the Zachary J. Lemnios, Assistant Secretary for Research two Leaders, or their designees, with the Majority and Engineering, Marilyn Freeman, Deputy Assistant controlling the first 30 minutes and the Republicans Secretary of the Army for Research and Technology, controlling the second 30 minutes. Pages S2453–54 Mary E. Lacey, Deputy Assistant Secretary of the Messages from the House: Page S2388 Navy for Research, Development, Test, and Evalua- Measures Referred: Page S2388 tion, and Steven H. Walker, Deputy Assistant Sec- retary of the Air Force for Science, Technology and Executive Communications: Pages S2388–92 Engineering, all of the Department of Defense. Additional Cosponsors: Pages S2393–94 EXPORT-IMPORT BANK Statements on Introduced Bills/Resolutions: REAUTHORIZATION Pages S2394–S2405 Committee on Banking, Housing, and Urban Affairs: Additional Statements: Pages S2387–88 Committee concluded a hearing to examine the Ex- Amendments Submitted: Pages S2405–34 port-Import Bank reauthorization, focusing on sav- ing American jobs and supporting American export- Authorities for Committees to Meet: ers, including S. 1547, to reauthorize the Export-Im- Pages S2434–35 port Bank of the United States, after receiving testi- Record Votes: One record vote was taken today. mony from Robert Patton, Patton Electronics Co., (Total—66) Page S2349 Damascus, Maryland, on behalf of the U.S. Chamber Adjournment: Senate convened at 10 a.m. and ad- of Commerce; Sonya Kostadinova, Transcon Trading journed at 6:49 p.m., until 9:30 a.m. on Wednes- Co., Inc., Columbia, South Carolina, on behalf of day, April 18, 2012. (For Senate’s program, see the Small Business Exporters Association; David Ickert, remarks of the Majority Leader in today’s Record on Air Tractor, Inc., Olney, Texas, on behalf of the Na- page S2454.) tional Association of Manufacturers; and R. Thomas Buffenbarger, International Association of Machinists Committee Meetings and Aerospace Workers, Brookeville, Maryland. PROMOTING AMERICAN (Committees not listed did not meet) COMPETITIVENESS Committee on Commerce, Science, and Transportation: Sub- APPROPRIATIONS: COMMERCE, JUSTICE, committee on Competitiveness, Innovation, and Ex- SCIENCE, AND RELATED AGENCIES port Promotion concluded a hearing to examine pro- Committee on Appropriations: Subcommittee on Com- moting American competitiveness, focusing on fill- merce, Justice, Science, and Related Agencies ap- ing jobs today and training workers for tomorrow, proved for full committee consideration an original after receiving testimony from Martha Kanter, Under bill making appropriations for Commerce, Justice, Secretary of Education; Jane Oates, Assistant Sec- Science, and Related Agencies for fiscal year 2013. retary of Labor for Employment and Training Ad- ministration; Roger D. Kilmer, Director, Hollings APPROPRIATIONS: TRANSPORTATION, Manufacturing Extension Partnership, National In- HOUSING, AND URBAN DEVELOPMENT, stitute of Standards and Technology, Department of AND RELATED AGENCIES Commerce; Jennifer McNelly, Manufacturing Insti- Committee on Appropriations: Subcommittee on Trans- tute, Washington, DC; Robert H. Kill, Enterprise portation, Housing and Urban Development, and Minnesota, Minneapolis; Monica Pfarr, American Related Agencies approved for full committee con- Welding Society Foundation, Miami, Florida; Lee sideration an original bill making appropriations for Lambert, Shoreline Community College, Shoreline, Transportation, Housing and Urban Development Washington; and Don Nissanka, Exergonix, Inc., and related agencies for fiscal year 2013. Lee’s Summit, Missouri.

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MERCURY POLLUTION’S IMPACTS W. Geisel, Deputy Inspector General, Office of In- Committee on Environment and Public Works: Sub- spector General, and the Broadcasting Board of Gov- committee on Clean Air and Nuclear Safety con- ernors, both of the Department of State; and cluded a hearing to examine mercury pollution’s im- Angelique M. Crumbly, Acting Assistant to the Ad- pacts to public health and the environment, after re- ministrator, Bureau for Management, and Michael ceiving testimony from Jerome A. Paulson, Amer- Carroll, Acting Inspector General, both of the U.S. ican Academy of Pediatrics, Susan E. Dudley, George Agency for International Development. Washington University Trachtenberg School of Pub- ENDING RACIAL PROFILING IN AMERICA lic Policy and Public Administration Regulatory Studies Center, and Jeffrey R. Holmstead, Bracewell Committee on the Judiciary: Subcommittee on the Con- and Giuliani LLP, all of Washington, DC; Brenda stitution, Civil Rights and Human Rights concluded Archambo, Sturgeon for Tomorrow, Cheboygan, a hearing to examine ending racial profiling in Michigan; and Charles T. Driscoll, Syracuse Univer- America, including S. 1670, to eliminate racial sity Department of Civil and Environmental Engi- profiling by law enforcement, after receiving testi- neering, Syracuse, New York. mony from Senator Cardin; Representatives Conyers, Gutierrez, Ellison, Chu, and Frederica Wilson; Ron- COMPREHENSIVE CONTINGENCY ald L. Davis, Chief of Police, East Palo Alto, Cali- CONTRACTING REFORM ACT fornia; Anthony D. Romero, American Civil Lib- Committee on Homeland Security and Governmental Af- erties Union, New York, New York; Frank Gale, fairs: Ad Hoc Subcommittee on Contracting Over- Fraternal Order of Police, Denver, Colorado; Roger sight concluded a hearing to examine S. 2139, to en- Clegg, Center for Equal Opportunity, Falls Church, hance security, increase accountability, and improve Virginia; and David A. Harris, University of Pitts- the contracting of the Federal Government for over- burgh School of Law, Pittsburgh, Pennsylvania. seas contingency operations, after receiving testi- mony from Senator Webb; Richard T. Ginman, Di- INTELLIGENCE rector, Defense Procurement and Acquisition Policy, Select Committee on Intelligence: Committee held closed and Lynne M. Halbrooks, Acting Inspector General, hearings on intelligence matters, receiving testimony both of the Department of Defense; Patrick F. Ken- from officials of the intelligence community. nedy, Under Secretary for Management, and Harold Committee recessed subject to the call. h House of Representatives H. Res. 620, providing for consideration of the Chamber Action bill (H.R. 9) to amend the Internal Revenue Code Public Bills and Resolutions Introduced: 14 pub- of 1986 to provide a deduction for domestic business lic bills, H.R. 4363–4376; and 1 resolution, H. Res. income of qualified small businesses (H. Rept. 621 was introduced. Page H1914 112–447); and Additional Cosponsors: Pages H1915–16 H.R. 1505, to prohibit the Secretaries of the Inte- rior and Agriculture from taking action on public Reports Filed: Reports were filed today as follows: lands which impede border security on such lands, H.R. 3523, to provide for the sharing of certain and for other purposes, with an amendment (H. cyber threat intelligence and cyber threat informa- Rept. 112–448, Pt. 1). Page H1914 tion between the intelligence community and cyber- security entities, and for other purposes, with an Speaker: Read a letter from the Speaker wherein he amendment (H. Rept. 112–445); appointed Representative Fleischmann to act as H. Res. 619, providing for consideration of the Speaker pro tempore for today. Page H1849 bill (H.R. 4348) to provide an extension of Federal- Recess: The House recessed at 11:12 a.m. and re- aid highway, highway safety, motor carrier safety, convened at 12 noon. Page H1856 transit, and other programs funded out of the High- Suspension—Proceedings Resumed: The House way Trust Fund pending enactment of a multiyear agreed to suspend the rules and pass the following law reauthorizing such programs, and for other pur- measure which was debated yesterday, April 16th: poses (H. Rept. 112–446);

VerDate Mar 15 2010 06:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC D17APPT1 smartinez on DSK6TPTVN1PROD with DIGEST April 17, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D357 Lena Horne Recognition Act: H.R. 1815, to are exempt from Title I. National Park System units posthumously award a Congressional Gold Medal to currently open for hunting or recreational shooting Lena Horne in recognition of her achievements and would not be affected (by a recorded vote of 152 contributions to American culture and the civil ayes to 260 noes, Roll No. 158); rights movement, by a 2⁄3 yea-and-nay vote of 410 Pages H1882–83, H1891–92 yeas to 2 nays, Roll No. 157. Pages H1872–73 Grijalva amendment (No. 3 printed in H. Rept. Sportsmen’s Heritage Act of 2012: The House 112–444) that sought to make the new restrictions passed H.R. 4089, to protect and enhance opportu- on managing hunting, fishing and recreational nities for recreational hunting, fishing and shooting, shooting effective only if the amount of land avail- by a yea-and-nay vote of 274 yeas to 146 nays, Roll able for those purposes falls below 75% of all Fed- No. 164. Pages H1860–72, H1873–96 eral public lands (by a recorded vote of 138 ayes to Rejected the Tierney motion to recommit the bill 279 noes, Roll No. 159); Pages H1883–84, H1892–93 to the Committee on Natural Resources with in- Peters amendment (No. 4 printed in H. Rept. structions to report the same to the House forthwith 112–444) that sought to strike a provision in the with an amendment, by a recorded vote of 160 ayes underlying bill allowing the importation of endan- to 261 noes, Roll No. 163. Pages H1895–96 gered polar bear trophies from Canada by hunters Pursuant to the rule, an amendment in the nature who killed the bears despite warnings that importa- of a substitute consisting of the text of Rules Com- tion of the bears would likely be illegal (by a re- mittee Print 112–19 shall be considered as an origi- corded vote of 155 ayes to 262 noes, Roll No. 160); nal bill for the purpose of amendment under the and Pages H1884–86, H1893 five-minute rule, in lieu of the amendment in the Heinrich amendment (No. 7 printed in H. Rept. nature of a substitute recommended by the Com- 112–444) that sought to preserve hunting, fishing mittee on Natural Resources now printed in the bill. and recreational shooting in wilderness areas by That amendment in the nature of a substitute shall specifying that the underlying bill will not allow de- be considered as read. Pages H1879–81 velopment and motorized recreation in wilderness Agreed to: (by a recorded vote of 176 ayes to 244 noes, Roll Hastings (WA) manager’s amendment (No. 1 No. 161). Pages H1887–89, H1893 printed in H. Rept. 112–444) that adds shooting Withdrawn: ranges to the list of valid uses of public land and Bishop (NY) amendment (No. 6 printed in H. clarifies the term ‘‘wilderness areas’’ by adding ‘‘in- Rept. 112–444) that was offered and subsequently cluding Wilderness Areas, Wilderness Study Areas, withdrawn that would have allowed for recreational or lands administratively classified as wilderness eli- fishing of Atlantic Striped Bass in the Block Island gible or suitable and primitive or semi-primitive Sound transit zone. Pages H1887–88 areas.’’ States that the protection given to hunting in H. Res. 614, the rule providing for consideration wilderness areas is not intended to permit motorized of the bill, was agreed to by a recorded vote of 228 recreation or mineral extraction and reduces the re- ayes to 184 noes, Roll No. 156, after the previous porting requirements. Addresses technical conflicts question was ordered by a yea-and-nay vote of 235 between Title I and Title II over certain Bureau of yeas to 179 nays, Roll No. 155. Pages H1870–72 Land Management land and makes several technical A point of order was raised against the consider- changes; Pages H1881–82 ation of H. Res. 614 and it was agreed to proceed Fleming amendment (No. 5 printed in H. Rept. with consideration of the resolution by a yea-and-nay 112–444) that prohibits the Forest Service from ban- vote of 234 yeas to 175 nays, Roll No. 154. ning hunters with dogs during deer season on Pages H1860–62 Kisatchie National Forest; and Pages H1886–87 Pursuant to section 2 of H. Res. 614, the provi- Foxx amendment (No. 8 printed in H. Rept. sions of H. Con. Res. 112, as adopted by the House, 112–444) that requires Presidential monument des- shall have force and effect in the House as though ignations provided for under the Antiquities Act to Congress has adopted such concurrent resolution be approved by the state legislatures and governors with the modifications specified in subsection (b), where the proposed monument is located (by a re- pending the adoption of a concurrent resolution on corded vote of 223 ayes to 198 noes, Roll No. 162). the budget for fiscal year 2013. Page H1860 Pages H1889–91, H1894–95 Rejected: Recess: The House recessed at 5:10 p.m. and recon- Holt amendment (No. 2 printed in H. Rept. vened at 5:53 p.m. Page H1891 112–444) that sought to make a technical correction Quorum Calls—Votes: Four yea-and-nay votes and to clarify that all units of the National Park System, seven recorded votes developed during the pro- not just National Parks and National Monuments, ceedings of today and appear on pages H1862,

VerDate Mar 15 2010 06:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC D17APPT1 smartinez on DSK6TPTVN1PROD with DIGEST D358 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 2012 H1871, H1871–72, H1872–73, H1891–92, Regulations Act of 2012’’ was ordered reported, as H1892–93, H1893, H1893–94, H1894–95, H1896, amended; and the ‘‘Strategic Energy Production Act H1896–97. There were no quorum calls. of 2012’’ was ordered reported, as amended. Adjournment: The House met at 10 a.m. and ad- journed at 9:53 p.m. COINAGE PRODUCTION Committee on Financial Services: Subcommittee on Do- Committee Meetings mestic Monetary Policy and Technology held a hear- ing entitled ‘‘The Future of Money: Coinage Produc- NATIONAL DEFENSE AUTHORIZATION tion’’. Testimony was heard from public witnesses. BILL Committee on Armed Services: Full Committee held a INCREASING AMERICAN JOBS THROUGH Member’s Day on national defense priorities for the GREATER EXPORTS TO AFRICA ART fiscal year 2013 national defense authorization bill. Committee on Foreign Affairs: Subcommittee on Africa, Testimony was heard from the following Representa- Global Health, and Human Rights held a hearing tives: Hanna; Connolly; Holt; Huelskamp; Davis, IL; entitled ‘‘The Increasing American Jobs Through Cravaack; Boren; Guthrie; Graves; Neugebauer; Greater Exports to Africa Act’’. Testimony was heard Walsh; Pierluisi; Chu; Herrera-Beutler; Latham; from Johnnie Carson, Assistant Secretary of State, Stivers; Murphy, PA; Crawford; and Honda. Bureau of African Affairs, Department of State; NATIONAL DEFENSE BUDGET—ATOMIC Florizelle Liser, Assistant United States Trade Rep- ENERGY DEFENSE ACTIVITIES resentative for Africa, Office of the United States Committee on Armed Services: Subcommittee on Stra- Trade Representative; and public witnesses. tegic Forces held a hearing on FY 2013 National Defense Budget Request for Atomic Energy Defense UTILIZATION OF THE NATIONAL GUARD Activities and Nuclear Forces Programs. Testimony TO ACHIEVE OPERATIONAL CONTROL was heard from Madelyn R. Creedon, Assistant Sec- Committee on Homeland Security: Subcommittee on retary of Defense for Global Strategic Affairs, De- Border and Maritime held a hearing entitled ‘‘Boots partment of Defense; General C. Robert Kehler, on the Ground or Eyes in the Sky: How Best to Uti- USAF, Commander, U.S. Strategic Command; lize the National Guard to Achieve Operational Con- Thomas P. D’Agostino, Administrator, National Nu- trol’’. Testimony was heard from Paul N. Stockton, clear Security Administration, Under Secretary for Assistant Secretary of Defense for Homeland Defense Nuclear Security, Department of Energy; David G., and Americas’ Security Affairs, Office of the Under- Huizenga, Senior Advisor for Environmental Man- secretary of Defense for Policy, Department of De- agement, Department of Energy; and Peter S. fense; Ronald D. Vitiello, Deputy Chief, Border Pa- Winokur, Chairman, Defense Nuclear Facilities Safe- trol, Department of Homeland Security; Martin ty Board. Vaughan, Executive Director, Southwest Region, Of- fice of Air and Marine, Customs and Border Protec- STRENGTHENING THE SAFETY NET tion, Department of Homeland Security; Major Gen- Committee on the Budget: Full Committee held a hear- eral John Nichols, Adjutant General, Texas National ing entitled ‘‘Strengthening the Safety Net’’. Testi- Guard; and Brian J. Lepore, Director, Defense Capa- mony was heard from public witnesses. bilities and Management, Government Account- LEGISLATIVE MEASURE ability Office. Committee on Education and the Workforce: Full Com- TAKING MEASURE OF COUNTERMEASURES mittee held a hearing on H.R. 4297, the ‘‘Workforce (PART 3): PROTECTING THE PROTECTORS Investment Improvement Act of 2012’’. Testimony was heard from Norma Noble, Deputy Secretary of Committee on Homeland Security: Subcommittee on Commerce for Workforce Development, Oklahoma Emergency Preparedness, Response, and Communica- City, Oklahoma; Sandy Harmsen, San Bernardino tions held a hearing entitled ‘‘Taking Measure of County Workforce Investment Board; and public Countermeasures (Part 3): Protecting the Protectors’’. witnesses. Testimony was heard from J. D. Polk, Principal Deputy Assistant Secretary, Office of Health Affairs, MISCELLANEOUS MEASURE Department of Homeland Security; Edward J. Ga- Committee on Energy and Commerce: Subcommittee on briel, Principal Deputy Assistant Secretary, Prepared- Energy and Power continued a markup of the ‘‘Gaso- ness and Response, Department of Health and line Regulations Act of 2012’’; and the ‘‘Strategic Human Services; Chris Nocco, Sheriff, Pasco County, Energy Production Act of 2012’’. The ‘‘Gasoline Florida; and public witnesses.

VerDate Mar 15 2010 06:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC D17APPT1 smartinez on DSK6TPTVN1PROD with DIGEST April 17, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D359 MISCELLANEOUS MEASURE SMALL BUSINESS TAX CUT ACT Committee on the Judiciary: Full Committee began a Committee on Rules: Full Committee held a hearing on markup of Committee Print of Material to be Trans- H.R. 9, the ‘‘Small Business Tax Cut Act’’. The mitted to the Committee on the Budget Pursuant to Committee granted, by voice vote, a structured rule Section 201 of H. Con. Res. 112. providing one hour of debate equally divided and controlled by the chair and ranking minority mem- LEGISLATIVE MEASURES ber of the Committee on Ways and Means. The rule Committee on Natural Resources: Subcommittee on Na- waives all points of order against consideration of the tional Parks, Forests and Public Lands held a hearing bill. The rule provides that the amendment in the nature of a substitute recommended by the Com- on the following measures: H.R. 3388, the ‘‘Wood- mittee on Ways and Means now printed in the bill Pawcatuck Watershed Protection Act’’; H.R. 3874, shall be considered as adopted. The bill, as amended, the ‘‘Black Hills Cemetery Act’’; H.R. 4039, the shall be considered as read and shall be considered ‘‘Yerington Land Conveyance and Sustainable Devel- as original text for the purpose of further amend- opment Act’’; H.R. 4073, to authorize the Secretary ment. The rule waives all points of order against of Agriculture to accept the quitclaim, disclaimer, provisions in the bill, as amended. The rule makes and relinquishment of a railroad right of way within in order the amendment in the nature of a substitute and adjacent to Pike National Forest in El Paso printed in the Rules Committee report, which may County, Colorado, originally granted to the Mt. be offered only by Representative Levin of Michigan Manitou Park and Incline Railway Company pursu- or his designee, shall be considered as read, shall be ant to the Act of March 3, 1875; H.R. 4193, the debatable for 20 minutes equally divided and con- ‘‘Land Acquisition to cut National Debt Act’’; and trolled by the proponent and an opponent, and shall H.R. 4222, to provide for the conveyance of certain not be subject to amendment. The rule waives all land inholdings owned by the United States to the points of order against the amendment printed in Tucson Unified School District and to the Pascua the report. Finally, the rule provides one motion to Yaqui Tribe of Arizona, and for other purposes. Tes- recommit with or without instructions. Testimony timony was heard from Representatives Langevin; was heard from the following Representatives: Brady, and Stivers; William D. Shaddox, Chief Land Re- (TX); Levin; and McDermott. sources Division, National Park Service, Department of the Interior; Leslie A. C. Weldon, Deputy Chief, SURFACE TRANSPORTATION EXTENSION National Forest System, Forest Service, Department ACT OF 2012 of Agriculture; Michael Nedd, Assistant Director, Committee on Rules: Full Committee held a hearing on Minerals and Realty Management, Bureau of Land H.R. 4348, the ‘‘Surface Transportation Extension Management, Department of the Interior; George Act of 2012, Part II’’. The Committee granted, by Dini, Mayor, Yerington, Nevada; and public witness. a record vote of 7 to 3, a structured rule providing one hour of general debate equally divided and con- MISCELLANEOUS MEASURE trolled by the chair and ranking minority member Committee on Natural Resources: Subcommittee on of the Committee on Transportation and Infrastruc- Water and Power held a hearing on H.R. 460, the ture. The rule waives all points of order against con- ‘‘Bonneville Unit Clean Hydropower Facilitation sideration of the bill. The rule provides that the bill Act’’; and H.R. 2664, the ‘‘Reauthorization of Water shall be considered as read. The rule waives all Desalination Act of 2011’’. Testimony was heard points of order against provisions in the bill. The from David Murillo, Deputy Commissioner and Di- rule makes in order only those amendments printed in the Rules Committee report. Each such amend- rector of Operations, Bureau of Reclamation; and ment may be offered only in the order printed in the public witnesses. report, may be offered only by a Member designated in the report, shall be considered as read, shall be SEC’S AVERSION TO COST-BENEFIT debatable for the time specified in the report equally ANALYSIS divided and controlled by the proponent and an op- Committee on Oversight and Government Reform: Sub- ponent, shall not be subject to amendment, and shall committee on TARP, Financial Services and Bailouts not be subject to a demand for division of the ques- of Public and Private Programs held a hearing enti- tion. The rule waives all points of order against the tled ‘‘The SEC’s Aversion to Cost-Benefit Analysis’’. amendments printed in the report. Finally, the rule Testimony was heard from Mary L. Schapiro, Chair- provides one motion to recommit with or without man, Securities and Exchange Commission; and pub- instructions. Testimony was heard from Chairman lic witnesses. Mica.

VerDate Mar 15 2010 06:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC D17APPT1 smartinez on DSK6TPTVN1PROD with DIGEST D360 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 2012 TAPPING AMERICA’S UNCONVENTIONAL Subcommittee on Department of Defense, to hold hear- OIL RESOURCES FOR JOB CREATION AND ings to examine proposed budget estimates for fiscal year AFFORDABLE DOMESTIC ENERGY 2013 for the Missile Defense Agency, 10:30 a.m., SD–192. Committee on Science, Space, and Technology: Full Com- Subcommittee on Financial Service and General Gov- mittee held a hearing entitled ‘‘Tapping America’s ernment, to hold hearings to examine the General Serv- Unconventional Oil Resources for Job Creation and ices Administration, focusing on a review of the recent Affordable Domestic Energy: Technology and Policy Inspector General management deficiency report and an Pathways’’. Testimony was heard from public wit- assessment of the fiscal year 2013 General Services Ad- nesses. ministration (GSA) funding request, 2:30 p.m., SD–138. GSA’S SQUANDERING OF TAXPAYER Committee on Armed Services: Subcommittee on Strategic DOLLARS Forces, to hold hearings to examine the National Security Administration management of its National Security Lab- Committee on Transportation and Infrastructure: Sub- oratories, 2:30 p.m., SR–222. committee on Economic Development, Public Build- Subcommittee on Readiness and Management Support, ings, and Emergency Management held a hearing en- to hold hearings to examine financial management and titled ‘‘GSA’s Squandering of Taxpayer Dollars: A business transformation at the Department of Defense, Pattern of Mismanagement, Excess, and Waste’’. 2:30 p.m., SD–G50. Testimony was heard from the following GSA offi- Committee on the Budget: business meeting to consider cials: Daniel Tangherlini, Acting Administrator; the concurrent resolution on the budget for fiscal year Brian Miller, Inspector General; Martha Johnson, 2013, 2 p.m., SD–608. Former Administrator; Susan Brita, Deputy Admin- Committee on Commerce, Science, and Transportation: Sub- istrator; Alison Doone, Chief Financial Officer; Rob- committee on Surface Transportation and Merchant Ma- ert Peck, Former Public Buildings Service (PBS) rine Infrastructure, Safety, and Security, to hold hearings Commissioner; David Foley, Public Building Services to examine protecting commuters, focusing on ensuring Deputy Commissioner; and Lisa Daniels, Event Plan- accountability and oversight in tolling, 10 a.m., SR–253. ner, Public Buildings Service. Committee on Environment and Public Works: to hold an oversight hearing to examine the General Services Ad- TAX REFORM AND TAX-FAVORED ministration (GSA), 10 a.m., SD–406. RETIREMENT ACCOUNTS Committee on Finance: Subcommittee on International Committee on Ways and Means: Full Committee held Trade, Customs, and Global Competitiveness, to hold a a hearing on tax reform and tax-favored retirement hearing to examine the Asia Pacific, focusing on trade op- accounts. Testimony was heard from public wit- portunities for agriculture and food producers from the nesses. Great Plains to the Pacific Northwest, 2 p.m., SD–215. Committee on Foreign Relations: to receive a closed brief- ing on an intelligence update on Iran and Syria, 10 a.m., Joint Meetings SVC–217. TAXATION OF CAPITAL Subcommittee on African Affairs, to hold hearings to examine the United States policy response to entrenched Joint Economic Committee: Committee concluded a African leadership, 2:15 p.m., SD–419. hearing to examine how the taxation of capital af- Committee on Health, Education, Labor, and Pensions: to fects growth and employment, after receiving testi- hold hearings to examine effective strategies for acceler- mony from Jane G. Gravelle, Senior Specialist in ated learning, 10 a.m., SD–430. Economic Policy, Congressional Research Service, Li- Committee on the Judiciary: to hold hearings to examine brary of Congress; and Kevin A. Hassett, American the nominations of James Xavier Dempsey, of California, Enterprise Institute for Public Policy Research, Elisebeth Collins Cook, of Illinois, Rachel L. Brand, of Washington, DC. Iowa, David Medine, of Maryland, to be Chairman, and f Patricia M. Wald, of the District of Columbia, all to be a Member of the Privacy and Civil Liberties Oversight COMMITTEE MEETINGS FOR WEDNESDAY, Board, 10 a.m., SD–226. APRIL 18, 2012 Committee on Small Business and Entrepreneurship: to hold (Committee meetings are open unless otherwise indicated) hearings to examine perspectives from the entrepreneurial ecosystem, focusing on creating jobs and growing busi- Senate nesses through entrepreneurship, 10 a.m., SR–428A. Committee on Appropriations: Subcommittee on Depart- Select Committee on Intelligence: to hold closed hearings to ment of the Interior, Environment, and Related Agencies, examine certain intelligence matters, 2:30 p.m., SH–219. to hold hearings to examine proposed budget estimates Special Committee on Aging: to hold hearings to examine for fiscal year 2013 for the United States Forest Service, the future of long-term care, focusing on saving money 9:30 a.m., SD–124. by serving seniors, 2 p.m., SH–216.

VerDate Mar 15 2010 06:48 Apr 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC D17APPT1 smartinez on DSK6TPTVN1PROD with DIGEST April 17, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D361 House Subcommittee on the Constitution, hearing entitled ‘‘Voting Wrongs: Oversight of the Justice Department’s Committee on Agriculture, Full Committee, business Voting Rights Enforcement’’, 9 a.m., 2141 Rayburn. meeting to consider a proposal to satisfy the Committee’s Subcommittee on Immigration Policy and Enforce- reconciliation instructions required by H. Con. Res. 112, ment, hearing entitled ‘‘Document Fraud in Employment 10 a.m., 1300 Longworth. Authorization: How an E-Verify Requirement Can Help’’, Committee on Appropriations, Subcommittee on Energy 11:15 a.m., 2141 Rayburn. and Water, markup of Appropriations Bill FY 2013, 9:30 Full Committee, markup of Committee Print of Mate- a.m., 2362–B Rayburn. rial to be Transmitted to the Committee on the Budget Committee on Armed Services, Subcommittee on Oversight Pursuant to Section 201 of H. Con. Res. 112, 1:30 p.m., and Investigations, hearing on the Navy’s 30 Year Ship- 2141 Rayburn. building Plan—Assumptions and Associated Risks to Na- Committee on Oversight and Government Reform, Full Com- tional Security, 3 p.m., 2118 Rayburn. mittee, markup of the following measures: H.R. 538, the Committee on Education and the Workforce, Subcommittee ‘‘Federal Customer Service Enhancement Act’’; H.R. on Health, Employment, Labor, and Pensions, hearing en- 3609, the ‘‘Taxpayers Right to Know Act’’; H.R. 4257, titled ‘‘Reviewing the Impact of the Office of Federal the ‘‘Federal Information Security Amendments Act of Contract Compliance Programs’ Regulatory and Enforce- 2012’’; H.R. 4363, providing the authority to offer ment Actions’’, 10 a.m., 2175 Rayburn. phased retirement to federal employees; legislation clari- Committee on Energy and Commerce, Subcommittee on fying that Federal tax levies may be enforced against TSP Health, hearing entitled ‘‘FDA User Fees 2012: How In- accounts; and H.R. 4364, reforming the law governing novation Helps Patients and Jobs’’, 10:15 a.m., 2123 the pay of recess appointees, 10 a.m., 2154 Rayburn. Rayburn. Committee on Science, Space, and Technology, Subcommittee Subcommittee on Oversight and Investigations, hearing on Research and Science Education, hearing entitled entitled ‘‘Budget and Spending Concerns at DOE’’, 10:30 ‘‘NSF Major Multi-User Research Facilities Management: a.m., 2322 Rayburn. Ensuring Fiscal Responsibility and Accountability’’, 10, Committee on Financial Services, Full Committee, markup a.m., 2318 Rayburn. of the ‘‘Affordable Housing and Self-Sufficiency Improve- Subcommittee on Technology and Innovation, hearing ment Act of 2012’’ and the Committee Print of Budget entitled ‘‘Avoiding the Spectrum Crunch: Growing the Reconciliation legislative recommendations of the Com- Wireless Economy through Innovation’’, 2 p.m., 2318 Rayburn. mittee on Financial Services, 10 a.m., 2128 Rayburn. Committee on Small Business, Full Committee, hearing Committee on Foreign Affairs, Full Committee, hearing entitled ‘‘The Tax Outlook for Small Businesses: What’s entitled ‘‘North Korea after Kim Jong-il: Still Dangerous on the Horizon?’’, 1 p.m., 2360 Rayburn. and Erratic’’, 10 a.m., 2127 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Terrorism, Nonproliferation, and committee on Water Resources and Environment, hearing Trade, hearing entitled ‘‘Bureau of Counterterrorism: entitled ‘‘How Reliability of the Inland Waterway System Budget, Programs, and Policies’’, 2 p.m., 2172 Rayburn. Impacts Economic Competitiveness’’, 10 a.m., 2167 Ray- Committee on Homeland Security, Subcommittee on Trans- burn. portation Security, hearing entitled ‘‘Building Secure Committee on Veterans’ Affairs, Full Committee, hearing Partnerships in Travel, Commerce, and Trade with the entitled ‘‘From the Inside Out: A Look at Claims Rep- Asia-Pacific Region’’, 2 p.m., 311 Cannon. resentatives’ Role in the Disability Claims Process’’, 10 Full Committee, markup of H.R. 3674, the ‘‘PRECISE a.m., 334 Cannon. Act of 2011’’, 10 a.m., 311 Cannon. Subcommittee on Disability Assistance and Memorial Committee on House Administration, Subcommittee on Affairs, markup of H.R. 4114, the ‘‘Veterans’ Compensa- Oversight, hearing entitled ‘‘Library of Congress: Ensur- tion Cost-of-Living Adjustment Act of 2012’’; H.R. ing Continuity and Efficiency During Leadership Transi- 2377, the ‘‘RAPID Claims Act’’; and H.R. 4142, the tions’’, 10 a.m., 1310 Longworth. ‘‘American Heroes COLA Act’’, 1:30 p.m., 334 Cannon. Committee on the Judiciary, Full Committee, continue Committee on Ways and Means, Full Committee, markup markup of Committee Print of Material to be Trans- of legislative proposals to comply with the reconciliation mitted to the Committee on the Budget Pursuant to Sec- directive included in section 201 of the Concurrent Reso- tion 201 of H. Con Res. 112, 1:30 p.m., 2141 Rayburn. lution on the Budget for Fiscal Year 2013, H. Con. Res. 112, 9:30 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 18 10 a.m., Wednesday, April 18

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the motion to proceed to consideration of S. 4348—Surface Transportation Extension Act of 2012, 1925, Violence Against Women Reauthorization Act. Part II (Subject to a Rule). The filing deadline for first-degree amendments to Reid (for Lieberman) Modified Amendment No. 2000, and to S. 1789, 21st Century Postal Service Act is at 1 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Edwards, Donna F., Md., E561 Michaud, Michael H., Me., E545 Eshoo, Anna G., Calif., E549 Miller, Jeff, Fla., E560 Adams, Sandy, Fla., E550 Franks, Trent, Ariz., E544 Moran, James P., Va., E550 Baca, Joe, Calif., E551 Gardner, Cory, Colo., E551 Murphy, Christopher S., Conn., E547 Barletta, Lou, Pa., E543, E544, E549, E551, E554, E558 Graves, Sam, Mo., E557 Paul, Ron, Tex., E544 Berkley, Shelley, Nev., E546 Higgins, Brian, N.Y., E552 Berman, Howard L., Calif., E553 Hunter, Duncan, Calif., E553 Pence, Mike, Ind., E555 Black, Diane, Tenn., E559, E561 Kildee, Dale E., Mich., E544 Ribble, Reid J., Wisc., E555, E556 Bordallo, Madeleine Z., Guam, E557 King, Peter T., N.Y., E550 Richmond, Cedric L., La., E550 Buchanan, Vern, Fla., E546 Kucinich, Dennis J., Ohio, E543, E544, E545, E546, Rogers, Harold, Ky., E543 Butterfield, G.K., N.C., E547, E556 E547, E547, E548, E549, E549 Ros-Lehtinen, Ileana, Fla., E559 Coffman, Mike, Colo., E549 Langevin, James R., R.I., E560 Schakowsky, Janice D., Ill., E553 Connolly, Gerald E., Va., E558, E559, E560, E560, E561, Latham, Tom, Iowa, E550, E551, E551, E552, E553, Schiff, Adam B., Calif., E545 E561, E561, E562, E562, E563 E554, E554, E555 Serrano, Jose´, E., N.Y., E555 Costello, Jerry F., Ill., E562, E563 Lee, Barbara, Calif., E545 Sessions, Pete, Tex., E562 Cuellar, Henry, Tex., E548 Lipinski, Daniel, Ill., E557, E558 DeGette, Diana, Colo., E557 McDermott, Jim, Wash., E551 Visclosky, Peter J., Ind., E556, E556 Deutch, Theodore E., Fla., E546 McKeon, Howard P. ‘‘Buck’’, Calif., E550 Walz, Timothy J., Minn., E548 Doyle, Michael F., Pa., E552 Maloney, Carolyn B., N.Y., E548, E558 Woolsey, Lynn C., Calif., E554

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