March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3753 SENATE—Wednesday, March 21, 2012

The Senate met at 9:30 a.m. and was SCHEDULE The uninsured people show up at hos- called to order by the Honorable Mr. REID. Madam President, fol- pitals. They are not pushed away; they KIRSTEN E. GILLIBRAND, a Senator from lowing leader remarks the Senate will are invited in. They receive the treat- the State of New York. be in a period of morning business for ment. Then they can’t pay for it. 1 hour, with the majority controlling It turns out that 63 percent of the PRAYER the first half and the Republicans con- medical care given to uninsured people The Chaplain, Dr. Barry C. Black, of- trolling the final half. in America isn’t paid for—not by them. fered the following prayer: Following morning business the Sen- It turns out the rest of us pay for it. Let us pray. ate will resume consideration of the Everyone else in America who has O God, who loves us without ceasing, capital formation bill. At approxi- health insurance has to pick up the we turn our thoughts toward You. Re- mately 10:40 this morning, there will be cost for those who did not accept their main with our Senators today so that a cloture vote on the IPO bill. personal responsibility to buy health for no single instance they will be un- insurance. f aware of Your providential power. So, so what? What difference does We thank You for Your infinite love RESERVATION OF LEADER TIME that make? It makes a difference. It adds $1,000 a year to our health insur- that permits us to make mistakes yet Mr. REID. Will the Chair announce still grow in grace and a knowledge of ance program. In other words, you and the business of the day. me and everyone with health insurance You. Lord, save us from any evil course The ACTING PRESIDENT pro tem- or idle path that leads away from Your is subsidizing those people who say: pore. Under the previous order, the Don’t mandate anything on me. Don’t will. Today, we pray for the President leadership time is reserved. of the United States and for the leaders tell me I have a personal responsi- in every land. Help them to bear their f bility. But when I get sick, you can pay responsibilities with honor, and, Lord, MORNING BUSINESS for it.That is what the individual man- today we also thank You for the amaz- date comes down to. The ACTING PRESIDENT pro tem- ing career of Senator BARBARA MIKUL- I listen to those who say, well, this is pore. Under the previous order, the SKI. just too darn much government to say Senate will be in a period of morning We pray in Your holy Name. Amen. that people who can afford it need to business for 1 hour, with Senators per- have health insurance. Keep in mind, f mitted to speak therein for up to 10 this health care bill says if people can- PLEDGE OF ALLEGIANCE minutes, with the time equally divided not afford it—if they are too poor or and controlled between the two leaders their income is limited—there is a The Honorable KIRSTEN E. GILLI- or their designees, with the majority helping hand, not only in the Tax Code BRAND led the Pledge of Allegiance as controlling the first half and the mi- but even through Medicaid to make follows: nority controlling the final half. sure they have affordable health care I pledge allegiance to the Flag of the The Senator from Illinois. insurance which will never cost them United States of America, and to the Repub- more than 8 percent of their income. A lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. lot of American families would jump at AFFORDABLE HEALTH CARE ACT health insurance that would only cost 8 f Mr. DURBIN. Madam President, percent of their income. But the law APPOINTMENT OF ACTING there has been a lot of discussion about says people have to be willing to pay PRESIDENT PRO TEMPORE the affordable health care act passed up to 8 percent of their income to have by Congress. In fact, just next week, health insurance. The reason, of The PRESIDING OFFICER. The across the street, the Supreme Court course, is if they don’t pay, everyone clerk will please read a communication will take up this bill and decide wheth- else pays. If they get sick, they cost us to the Senate from the President pro er it is constitutional. It is an impor- $116 billion a year in uncompensated tempore (Mr. INOUYE). tant decision. It is one that will affect health care coverage paid for those who The assistant legislative clerk read millions of Americans, and scarcely do not accept their personal responsi- the following letter: anyone understands the impact of this bility to buy health insurance. U.S. SENATE, law and what it means to their daily Ruth Marcus has an article in this PRESIDENT PRO TEMPORE, lives. morning’s Washington Post, and I ask Washington, DC, March 21, 2012. To the Senate: The first aspect I wish to speak about unanimous consent that it be printed Under the provisions of rule I, paragraph 3, is the most controversial aspect of it, in the RECORD. of the Standing Rules of the Senate, I hereby the so-called individual mandate. What There being no objection, the mate- appoint the Honorable KIRSTEN E. GILLI- is it? From my point of view, it is a rial was ordered to be printed in the BRAND, a Senator from the State of New basic method of saying to everyone in RECORD, as follows: York, to perform the duties of the Chair. America: You have a personal responsi- [From the Washington Post, Mar. 20, 2012] DANIEL K. INOUYE, bility. You cannot say you are just not 116 BILLION REASONS TO BE FOR THE President pro tempore. going to buy any health insurance; INDIVIDUAL MANDATE Mrs. GILLIBRAND thereupon as- that you don’t think you are ever going (By Ruth Marcus) sumed the chair as Acting President to need it and are not going to worry The most compelling sentences in the pro tempore. about it. Obama administration’s brief defending the f The problem is, of course, those peo- constitutionality of the health-care law ple who make that statement get sick. come early on. ‘‘As a class,’’ the brief advises RECOGNITION OF THE MAJORITY Some of them get involved in acci- on Page 7, ‘‘the uninsured consumed $116 bil- LEADER lion of health-care services in 2008.’’ dents. Some go to a doctor and are di- On the next page, the brief drives the point The ACTING PRESIDENT pro tem- agnosed with terrible illnesses and dis- home: ‘‘In 2008, people without insurance did pore. The majority leader is recog- eases that require treatment and sur- not pay for 63 percent of their health-care nized. gery, and that costs a lot of money. costs.’’

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

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To me, $116 billion lowed to deny coverage to those who are the age of 26? seems like a whole lot of commerce. sick; that without the mandate people would How about the seniors paying for But let’s leave the Supreme Court justices wait until they were sick to purchase insur- their Medicare prescription drug bills. to hack their way through the underbrush of ance, driving up premium costs; or that There was this doughnut hole, which the Commerce Clause. Because those num- those unable to afford coverage are exempt. means if seniors have prescription bers are not only relevant to Commerce ‘‘People don’t understand how the mandate drugs covered by Medicare and they are works at all and they don’t understand why Clause jurisprudence, they illuminate the expensive, they will reach a point dur- fundamental irrationality of public opposi- it’s there,’’ Kaiser’s polling director, Mollyann Brodie, told me. ing the course of a year when they tion to the individual mandate. have to go into their savings to pay for The mandate is by far the most unpopular Brodie suspects that it’s too late to change feature of a law on which Americans are oth- minds. ‘‘This law as a whole has really be- about $2,000 worth of prescription drugs erwise evenly divided. A Kaiser Family come a symbolic issue to people and they before the government comes back and Foundation poll this month found that two- really aren’t open to information,’’ she said. starts helping them again. We started Maybe, but the administration must keep thirds of those surveyed disliked the man- closing that doughnut hole, closing trying—not only to sell the law’s goodies but date. Even among Democrats, a majority (53 to explain how the mandate makes them pos- that gap, giving $250 of that $2,000 they percent) opposed the requirement; independ- sible. Otherwise, they could end up winning have to pay back to people in a rebate ents (66 percent) and Republicans (77 per- the minds of the justices, yet losing the initially, and then providing a discount cent) were even more hostile. hearts of the people whose votes they need to on drugs for seniors. That is part of af- Yet this is a provision that the over- keep the law in place. whelming majority—those with insurance— fordable care. That is part of what the should support, for the simple reason that Mr. DURBIN. Madam President, this Republicans scream is ObamaCare. these people currently end up footing the bill article spells it out. This issue of an in- Is it a good idea? Well, just ask for much of that $116 billion. dividual mandate is an issue of per- 152,000 Medicare recipients in Illinois As the government’s brief notes, ‘‘Congress sonal responsibility. If you believe who have received this rebate to help found that this cost-shifting increases the someone should be able to walk away pay for their prescription drugs. Ask average premium for insured families by from their responsibility to have 144,000 seniors in Illinois who have re- more than $1,000 per year.’’ ceived a 50-percent discount on drug In other words, those worried about having health coverage they can afford and to pay ever-higher premiums should be clam- that their medical bills should be your costs, and then ask the millions across oring for the individual mandate, not agi- family’s responsibility, then cheer on America who have benefited. We are tating for repeal. all these folks who are saying we are giving people on fixed incomes and lim- Indeed, for all the bristling over the man- going to repeal ObamaCare. That is ited savings a helping hand so they can date, it will be irrelevant to the 80 percent of what it boils down to. Do you want to have the prescription drugs they need non-elderly Americans who already have in- pay their bills? I don’t think we should to be healthy and strong and safe and surance, either through their employers, have to. I think everyone in this coun- independent. Is that what you want to government programs, or purchased on their be when you are a senior? Most of us own. try should accept that responsibility. The biggest real-world risk to these people There are some other aspects of the do, and this bill helps. would be if the court were to overturn the affordable health care act which we Third, this bill basically covers pre- mandate yet allow the rest of the health- don’t hear talked about from those who ventive services. We all know the care law to remain in place, driving pre- are calling for its repeal. Let me tell story: Get in and see a doctor for a miums ever upward. my colleagues one. Do you have a child colonoscopy or a mammogram. Early Amazingly, Republicans have managed to graduating from college, looking for a detection and treatment is money transform the mandate from an exemplar of job? I have been in that circumstance. saved and lives saved. We extended pre- personal responsibility into the biggest pub- My wife and I raised three children. ventive care under Medicare. For 1.3 lic policy bogeyman of all time. million Medicare recipients in Illi- The irony of the fight over the mandate is Some of them found a job, but it took that President Obama was against it before a little while. While they were looking nois—just in my State, 1.3 million; he was for it. During the 2008 campaign, one for a job, did you ever say to your son more in the Presiding Officer’s State— of the signature differences between Obama or daughter fresh out of college: How they have preventive care now that and Hillary Clinton was that Clinton’s about health insurance. They probably they didn’t have before. It means they health plan included an individual mandate said to you: Sorry, Mom; sorry, Dad. I are likely to stay healthy longer and whereas Obama’s mandate covered only chil- can’t do that now. When I get a job, I cost less to our health care system. dren. will get back to it. But I feel just fine. This is another aspect they want to re- Once elected, Obama quickly recognized peal, those who are running against the the inescapable truth: An individual man- I feel just fine. date was essential to make the plan work. It doesn’t work that way, and any re- affordable care act, running against Without that larger pool of premium-payers, sponsible parent knows it. So we the health care bill President Obama there is no feasible way to require insurance changed the law, and here is what we has pushed for. companies to cover all applicants and charge said: If you have family health insur- There is also a provision which says the same amount, regardless of their heath ance, it can cover your son or daughter insurance companies have to spend 80 status. up to the age of 26. That expanded the percent of the premiums they collect— In part, hostility to the mandate reflects a reach of health insurance coverage. It 80 percent—on actual medical care. broader uneasiness with the perceived en- covered these young college graduates They can take 20 percent for profits croachment of big government. and administrative costs and the like In the Kaiser poll, 30 percent of those who and young people looking for work so opposed the mandate cited government over- they had that protection even when but 80 percent on actual medical care. reach as the biggest reason. Not surpris- they were unemployed. The State of Minnesota already had ingly, twice as many Republicans (40 per- So did it make any difference? that on the books, and it worked. So cent) cited that reason as did Democrats (18 Thanks to this provision, 2.5 million we said let’s do it nationwide so if pre- percent). young people have gained coverage na- miums go up, it is to reimburse health But opposition to the mandate also stems tionwide, and 102,000-plus in my State care—not to take out in profits, not to from the public’s failure to understand—or, of Illinois. That means for 2.5 million take it out in bonuses, not to spend on alternatively, the administration’s failure to parents, some peace of mind, knowing an advertising budget for an insurance communicate—basic facts. For example, Kaiser found that when peo- their kids are covered by the family company. That is a big change. The in- ple were told that most Americans ‘‘would plan. That was part of this bill which surance companies hate it like the automatically satisfy the requirement be- many Republican Presidential can- devil hates holy water, and the Repub- cause they already have coverage through didates are saying they want to repeal. lican Presidential candidates want to

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They are going Eight million Federal employees and sands of Americans is the question of to explain to you thousands and thou- their families choose once a year—in preexisting conditions. Do you have sands of American examples of why my case from nine different plans that one? A lot of people do. A lot of people people with lifetime limits end up in a cover Illinois. We like our coverage in don’t even know they have one. Some- tragic situation where they need more my family. Federal employees like times insurance companies dream coverage, they need more care. Their their coverage. Senators like their cov- them up. They would deny coverage for lives can be saved, but their health erage. But when it comes to extending health insurance if somebody had—get care coverage is cut off. That was the this same benefit to every other Amer- ready—acne, a preexisting condition so old days. That was before the afford- ican, oh, what a horror story; that is no coverage. If there is a history of sui- able care act. too much government. Really? If you cide in a family, they would deny them So those who want to repeal it stand are a person of principle and believe a health care coverage, preexisting con- up and get cheering crowds. In those government-administered health care dition. cheering crowds are cancer patients. plan is too much government, step up Let me just say to every parent lis- They ought to stop and think before here in the well and tell people: I am tening: Thank the Lord if your child they start cheering and know what giving up my Federal health insurance. doesn’t have asthma, diabetes, or they are cheering for. I have not heard a single Republican something more serious because until The affordable care act is a sensible, Senator say that—not one. So let’s find the affordable care act was passed, that reasonable step in a direction toward out. When we come down to the ques- was enough to disqualify your child containing health care costs and mak- tion about health care insurance for all and maybe your family from health in- ing health care insurance coverage Americans, I think they deserve at surance coverage. Oh, they can’t wait fairer for Americans all across our Na- least the kind of coverage that Mem- to repeal that. They say: Let’s repeal tion. bers of Congress have. ObamaCare. Let’s get rid of that pre- Is it a perfect law? Of course not. As Madam President, I yield the floor. existing condition provision, and let I have said many times, the only per- f those insurance companies deny cov- fect law I am aware of was carried erage. down a mountain on clay tablets by RECOGNITION OF THE MINORITY America, is that what you want? Is Senator Moses. Ever since, we have LEADER that what you are looking for? Is that done our best. We can always do better, The ACTING PRESIDENT pro tem- too much government to say to insur- and I am open to change, I am open to pore. The Republican leader is recog- ance companies: You can’t deny chil- improvement. But for those who want nized. dren under the age of 18 health insur- to walk away from the affordable care ance coverage if they are victims of di- f act, listen to what they are walking abetes, if they have had a bout with JOBS ACT away from. cancer, if they have asthma? Oh, some They are imposing a $1,000 premium Mr. MCCONNELL. Madam President, of these folks are for the Wild West: on families to pay for the uninsured for the past several months, I and oth- Get government out of my life. who will not accept their personal re- ers have been calling on the Demo- I will tell my colleagues this: We cratic majority here in the Senate to know sensible regulation of insurance sponsibility to buy health insurance. take up and pass the various bipartisan coverage gives people peace of mind They are walking away from helping jobs bills that House Republicans have and gives families a chance to know seniors pay for their Medicare prescrip- been sending across the dome. These their child with a challenge or a prob- tion drugs. They are turning their back bills on their own certainly will not lem is still going to get the very best on families with young children fresh solve the jobs crisis, but they will medical care. out of college looking for jobs, with no There is something called lifetime health insurance coverage. They are in- make it a lot easier for entrepreneurs limits, which is another change. You viting the insurance companies to once and innovators to get the capital they go to the doctor, and the doctor says: again turn down your child and your need to build businesses and create Well, sorry to tell you, but you have family because of a preexisting condi- jobs. And because these bills are more been diagnosed with a form of cancer. tion. They are saying, once again: Let’s concerned with getting Washington out We can treat it. It is going to take ag- get into the world of lifetime limits on of the way than getting it more in- gressive chemo, radiation, maybe even insurance no matter how much health volved, these bills also send an impor- surgery. It is going to take some time, care costs. tant message that the economy and the and it is going to cost some money, but That is their idea of a future—not country are a lot better off when folks at the end of the day we are going to mine, not my family’s. I have lived have more control over their economic save your life, and you are going to through part of this. Many others have destinies, not less. live. You are going to live to see your as well. So when you hear their cheer- Last night, we were on the cusp of daughter’s wedding, and you are going ing crowds about repealing the afford- passing a collection of bills known as to live to see your grandchildren. able care act, hoping the Supreme the JOBS Act. This bill had over- Then you get into it. You say: I am Court finds some aspect unconstitu- whelming bipartisan support in the determined, my family is with me. I tional, step back and ask those cheer- House. Nearly 400 Members voted for it. am going to pray for it and get the ing crowds about their own health in- And the President himself says it will right outcome. surance. create jobs, he supports it and would Guess what happens. It turns out the The last thing I want to say is this. sign it into law. cost blows the lid off your health insur- It is interesting that Senators are de- Unfortunately, a handful of Demo- ance coverage. You had a lifetime limit bating this. You ought to see our crats here in the Senate wants to slow on how much they would pay, which health insurance. You ought to see it down. They denied Americans this you never thought you would use until what we have as Members of Congress. bipartisan victory for jobs that we that diagnosis came down. So now we We have the Federal Employees Health could have had last night. have basically said we are removing Benefits Program. Guess what. It is a So this morning I would ask our lifetime limits on health care. That is government-administered program. Oh, friends on the other side to reconsider. part of ObamaCare. That is part of the my goodness. You mean Republican I would ask them to put the politics affordable care act. Senators are part of a government-ad- aside and allow this bipartisan bill to

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That is a reform that both alone cannot undo the damage inflicted pend on this vital program. parties and all Americans could sup- on the economy by this administra- In my State of Kentucky, an esti- port. tion, but it sure could help, and we mated 387,000 more people will be Madam President, I yield the floor. need to show the American people we forced into Medicaid—at a time when The ACTING PRESIDENT pro tem- can do this. Kentucky’s Medicaid Program is al- pore. The Senator from Illinois. This bill is exactly the kind of thing ready facing huge deficits just trying f to provide benefits to current Medicaid Americans have been asking for: great- HEALTH CARE REFORM er freedom and greater flexibility. That recipients. As a result of this law, more is one of the reasons it has had such than a million Kentuckians or 29 per- Mr. DURBIN. Madam President, overwhelming bipartisan support. At a cent of my State’s population will soon those who have followed this debate know Members can disagree, and, obvi- moment when millions are looking for be on Medicaid. Kentucky’s Governor, ously, I disagree with the Republican work and Democrats say they want a Democrat, is on record saying he has leader on the issue of health care re- more bipartisan action on jobs, this is no idea—no idea—how Kentucky will form. I would say there are a couple it. meet its responsibilities if the law We are in the middle of March Mad- forces several hundred thousand more elements I would add. Yes, we expand the Medicaid rolls. ness here. To use a basketball meta- people into the State’s Medicaid Pro- That is health insurance for those in phor: This is a layup. Let’s get it done. gram. The math simply does not add low-income categories. But the Federal f up. This is just one example of how the Government picks up the tab. It is not HEALTH CARE law is unsustainable and hurts the an added expense to the State govern- Mr. MCCONNELL. Madam President, most vulnerable the most. The bottom ments for 4 or 5 years, and we are hop- this week marks the 2-year anniver- line is this: This health care law is an ing their economy gets better. What about the 1 million Kentuck- sary of the President’s health care absolute mess—a mess—and the Amer- ians who are going on the Medicaid law—one that is often described as his ican people do not want it. According rolls? Those 1 million Kentuckians signature legislative achievement. But to a Washington Post-ABC News poll have no health insurance today. Will you would not know it based on the out this week, more than a half of they ever get sick? Will they show up President’s schedule this week. For a Americans do not like it—a figure that at a hospital? Yes, they will. Who will President who is not particularly shy has not changed much at all since the pay for their bills? The rest of the folks about taking credit even for things he Democrats forced it through Congress 2 living in Kentucky with health insur- did not have anything to do with, he is years go. Two-thirds believe the Su- ance and the rest of us. curiously silent this week about a bill preme Court should throw out the indi- Is that fair? Do these people have a he talked about for more than a year vidual mandate or the whole law. personal responsibility to have health before it passed. According to news re- When it comes to the cost of health insurance, as long as we help them, if ports, the President does not even plan care, this law makes everything worse. they are in lower income categories, to mark the occasion. Two and a half years ago, the President pay the premiums with tax breaks and Well, we are happy—Republicans are said his health care plan would ‘‘slow enrolling them in Medicaid? Of course very happy—to talk about it for him, the growth of health care costs for our they do. even though he is reluctant. We are families, our businesses, and our gov- ernment.’’ Yet the Obama administra- Accepting personal responsibility happy to point out the ways in which used to be the first thing the Repub- this law has failed to live up to the tion itself now admits total spending on health care will increase by $311 bil- licans told us about their family val- promises the President made about it. ues. Why don’t people have to accept We are happy to make the case for why lion under the President’s health care law. According to the CBO, it increases personal responsibility and have health this unconstitutional infringement on insurance so the cost of their care is America’s liberties needs to be re- net Federal health spending and sub- sidies on health care by $390 billion, not borne by their neighbors and the pealed and replaced with the kind of rest of America? commonsense reforms Americans actu- and drives up premiums on families by $2,100 per year. Let me also add again, Members of ally want. Americans wanted lower costs and to the U.S. Senate have a government-ad- Two years ago, then-Speaker PELOSI have more control of their health care ministered health care program that said: decisions, and they got the opposite in- protects them, their family, and their We have to pass the bill so that you can stead. They wanted lower premiums; children. They sign up for it every sin- find out what is in it. they got higher premiums. They want- gle year. Not a single one has come to Well, 2 years later, here is what we ed a government that lives within its the well here and said: I am so opposed have found so far. means, and they got a new entitlement to government-administered programs The Democrats’ health care law has instead. They wanted more options; I am going to stop enrolling in the led and will continue to lead to higher they got fewer. They wanted better health insurance program for Members costs and hundreds of thousands of care; it is going to be worse. That is of Congress—not a one. fewer jobs over the next decade. why Americans want this bill repealed. f We now know it is loaded with bro- Look, this bill would be unconstitu- ken promises, such as the one the tional even if it did the things the JOB CREATION President made over and over during President said it would. But the fact Mr. DURBIN. Madam President, I see the health care debate. He said: that it did the opposite of what he my colleague from Colorado is on the If you like your current plan, you will be promised means it should be repealed floor, and he is going to speak to an able to keep it. either way, whether the constitu- amendment which is very important. According to the independent Con- tionality of it is upheld or not. The Republican leader addressed an as- gressional Budget Office, 3 million to 5 It should say something when the pect of it. I will make a brief comment. million Americans will lose their cur- President himself is not talking about If we want to create jobs in this rent plan each year under the most this bill except in closed campaign country, we know how to do it. We likely scenario. events. passed a bill here last week, 74 to 22— The health care law will strip billions It is time to repeal this bill and re- a bipartisan bill. What a miracle. A bi- out of Medicare and increase the Med- place it with the kind of commonsense partisan bill passes the Senate, a bill

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3757 that would create 2.6 million, maybe have responded to competition from There being no objection, the mate- 2.8 million jobs—create and save that China and India and other places, as we rial was ordered to be printed in the many jobs in this economy—a bill that have used technology to enhance our RECORD, as follows: will help the American economy ex- economic output. We have the most NATIONAL SMALL BUSINESS pand in the 21st century. What could it productive economy we have ever seen. ASSOCIATION, possibly be? It is called the Federal But we also face some very poten- Washington, DC, March 15, 2012. transportation bill. We do it every 5 tially catastrophic circumstances in Hon. HARRY REID, years. If we do not do it—if we do not this economy, one of which is that me- Majority Leader, Hart Senate Office Building, build the roads, the bridges, the air- dian family income has fallen for the Washington, DC. ports, sustain passenger rail service Hon. MITCH MCCONNELL, last 10 years—the first time that has Minority Leader, Russell Senate Office Build- and Amtrak, make certain we have happened in our country’s history. ing, mass transit and buses around Amer- And the other is that we have 23 or 24 Washington, DC. ica—our economy starts to contract in- million people who are unemployed or DEAR MAJORITY LEADER REID AND MINOR- stead of grow. underemployed in an economy that is ITY LEADER MCCONNELL: The National Small We passed this bill with a strong bi- producing what it was producing before Business Association (NSBA) supports the partisan vote, thanks to Senators the recession happened. That is a Capital Raising Online While Deterring BOXER and INHOFE. A Democrat and a structural issue. I have spoken on this Fraud and Unethical Non-Disclosure Act of 2012 (CROWDFUND Act, S. 2190), which Republican, a progressive and a con- floor about the importance of edu- servative, came together on the bill. would promote entrepreneurship, job cre- cation in that context because the ation and economic growth by making it We sent it over to the House of Rep- worst the unemployment rate ever got much easier for small companies to raise resentatives and they said: Sorry, we for people with a college degree during capital and get new ideas off the ground. are not going to take it up. We will not the worst recession since the Great De- This legislation represents a reasonable ef- vote on it. We are going to send you a pression was 41⁄2 percent. That is a fort to accommodate differing points of view bill that allows people to create new pretty good stress test of the value of and to move this important idea forward. startups, these new private companies, Representing over 150,000 small-business a college education. owners across the nation, NSBA is the coun- and we are going to eliminate the regu- The other thing we need to make lation that makes sure investors do not try’s oldest small-business advocacy organi- sure we are doing as a country is con- zation and greatly appreciates your leader- get fleeced. That is how we want to tinuing to innovate and drive innova- ship on such an important issue for Amer- create jobs. tion across the United States because ica’s entrepreneurs and small-business com- Well, that is like hoping America has it is those companies—the ones that munity. amnesia. We remember the subprime are created tomorrow, the ones that This legislation creates a crowdfunding ex- mortgage mess when a lot of are created next week—that are going emption allowing a company to raise up to $1 unsuspecting people were dragged into million with reasonable per investor limits. to create new jobs in this country. It also pre-empts state level registration re- offices and into mortgages they had no That is going to drive our median fam- idea were going to explode when the quirements, which is critical if crowdfunding ily income up instead of down. legislation is to have a meaningful positive balloon burst. That is why I am on the floor today Now, once again, the Republicans impact. Furthermore, it adds additional reg- to talk about a bipartisan bill, a bill ulations designed to safeguard investors. have said: The best way to create jobs Senator MERKLEY and Senator BROWN Under current law, equity markets are in the future is to let that happen when and I have worked on, on crowdfund- largely closed to entrepreneurs and small it comes to the sale of stock in new ing. It is an amendment that I hope businesses because they are generally only companies. I am with Mary Schapiro, permitted to raise capital from people with will come to the floor. I hope we can the Commissioner of the Securities and whom they have a pre-existing relationship get to a vote. Over the past months, we Exchange Commission. She has warned or through investment bankers who demand have worked together in a bipartisan us, we need to put protections in this a large share of the company for their serv- way on a crowdfunding proposal that ices. Even private placements (usually Regu- bill. It is not going to create the jobs would allow crowdfunding to thrive but lation D offerings) involve high legal fees they talk about. It is going to endanger would also create an appropriate level and generally require that the offering be investors. limited to accredited investors (those with I yield the floor for the Senator from of oversight and investor protection. We have done something very un- incomes over $300,000 or a residence exclusive Colorado. net worth over $1 million). The ACTING PRESIDENT pro tem- usual in this town: we took time to lis- The costs associated with starting and pore. The Senator from Colorado. ten to people. We listened to crowd- growing a business are significant. According Mr. BENNET. Thank you, Madam funding platforms, entrepreneurs, and to the Bureau of Labor Statistics (BLS), President. And I thank the Senator investor protection advocates. Many of from March 2009–March 2010, only 50 5,473 from Illinois for his leadership and them support this bill and have en- new businesses were created in the United dorsed this bill. We worked hard to in- States, the lowest rate of growth since the agree it is vital we pass the transpor- BLS started compiling data. This bill would tation bill. corporate their ideas. As a result, we have a bipartisan amendment that has facilitate job creation, incentivize entre- f preneurs, and promote long term economic the support of both businesses and con- growth. CROWDFUNDING sumer advocates. That is something Despite our general support for S. 2190, Mr. BENNET. Madam President, in which does not happen frequently in there are a few areas where we hope this leg- my townhalls we talk about a lot of this town. islation could be further improved as it things that are very different from I hope we will have a chance to vote moves forward: what people argue about in this place. on it. I will urge my colleagues on both We would hope and recommend that the $1 sides of the aisle to see this as a real million annual limit could be increased to $2 One of the issues we talk about is the million in conference. There are many small economy. And we talk about these four opportunity to take one step—not a business ideas that require more than $1 mil- lines, as shown on this chart. huge step but one important step—for- lion to get off the ground. The first line is our gross domestic ward to filling this gap we see, to cre- Although we regard most of the investor product, the economic output of the ating an economy again where rising safeguards as reasonable, there are a few pro- United States of America, which is economic output also means rising visions that we believe should be amended, higher today than it was before we wages, and that rising economic output as they may increase legal risk and adminis- went into this recession. A lot of peo- also means growing jobs. This crowd- trative costs considerably. In particular, the provision requiring an explanation of the ple do not know that. We are producing funding amendment is a chance to do valuation method used by the issuer creates more than we were producing before we it. It is bipartisan. substantial legal risk and uncertainty since went into the recession. I have some letters of support, and I in retrospect almost any valuation method Our productivity has gone up dra- ask unanimous consent that they be will prove incorrect. It is not clear what matically since the early 1990s, as we printed in the RECORD. ‘‘valuation’’ would meet this requirement

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3758 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 and protect issuers from litigation risk given still take a one size fits all approach, and we Furthermore, the CROWDFUND Act re- the fact that any valuation is going to prove ask that the rule makers consider the cost/ quires that issuers provide appropriately wrong either on the upside or, more rel- benefit of additional disclosure for very limited financial disclosures depending on evantly, on the downside. small offerings. In addition, the existing re- the size of the offering, whereas the JOBS In addition, the provisions granting the Se- quirement for portals to belong to a national Act provides a one-size-fits-all blanket ex- curities and Exchange Commission almost securities association provides a potential emption from providing any financial infor- unfettered discretion to issue additional reg- obstacle to our industry (time/cost), with no mation for offerings of up to $1 million. The ulations governing crowdfunding could prove real benefit, since existing associations do CROWDFUND Act also provides regulators highly problematic. The legislation should not have any specific rules for crowd funding with 21-day advance notice of crowdfunding contain a provision limiting this discretion sites. We do realize, however, that our indus- offerings. In contrast, the JOBS Act allows and requiring the Commission to consider try will need to quickly form its own self- for notice with the making of the first offer, the costs of any additional regulation and its regulatory association. at which point regulatory action will often likely impact on the crowdfunding market- We believe that rule making should permit be too late. place. portals/issuers to rely on investor represen- Notwithstanding the CROWDFUND Act’s Small businesses are America’s economic tations to comply with funding limits. Fi- significant improvements over the JOBS engine and are the most dynamic and inno- nally, the rule making process with the Se- Act’s crowdfunding exemption, I remain con- vative sector of the U.S. economy. They curities and Exchange Commission will take cerned regarding the potential for fraud in comprise 99.7% of all domestic employer time—we believe that someone should ad- crowdfunding markets. I strongly encourage firms, employ approximately 50% of all pri- dress what occurs in transition. the reconsideration of the $2,000 investment vate sector employees, and have created Overall, we are very supportive of your limit as applied to low-income individuals roughly 65% of America’s new net jobs over most recent legislation, and we are happy to and recommend that investments not exceed the past 17 years. help in any way to assist in advocating its the greater of $500 or 5% of income. I also en- passage. NSBA is pleased to support the Capital courage a thoroughgoing re-evaluation of the Please let me know if I can do any more to Raising Online While Deterring Fraud and operation of the crowdfunding exemption in be of assistance, and we look forward to Unethical Non-Disclosure Act of 2012 working with your team to create an excit- practice following the delivery of each of the (CROWDFUND Act, S. 2190) and thanks Sen- ing new opportunity for small business ac- SEC 09reports required in Section 6 of the ators Merkley, Bennet, Brown and Landrieu cess to capital. Act. for their tireless efforts to improve small- Sincerely, In conclusion, I applaud the CROWDFUND business capital access. We look forward to Act’s reasonable balancing of the costs of CANDACE KLEIN, working with you to address the concerns Founder/CEO. raising capital for the smallest issuers, and outlined and, ultimately, together help to the benefits of adequately protecting both enact this critical piece of legislation. investors and the integrity of the U.S. secu- FUND DEMOCRACY, Sincerely, March 14, 2012. rities markets. TODD O. MCCRACKEN, Sincerely, Hon. HARRY REID, President. Majority Leader, U.S. Senate, MERCER BULLARD, Washington, DC. President and Founder. SOMOLEND, Hon. MITCH MCCONNELL, Cincinatti, OH, March 16, 2012. Minority Leader, U.S. Senate, THE STARTUP EXEMPTION, Senator JEFF MERKLEY, Washington, DC. Miami Beach, FL, March 14, 2012. Hart Senate Office Building, DEAR MAJORITY LEADER REID AND MINOR- Senator HARRY REID, Washington, DC. ITY LEADER MCCONNELL: I am writing on be- Senate Majority Leader, Hart Senate Office DEAR SENATOR MERKLEY: It is with great half of Fund Democracy to express my sup- Bldg., Washington, DC. pleasure that I, on behalf of my company, port for the Capital Raising Online While De- DEAR SENATOR REID: We began this process SoMoLend, write to you today in support of terring Fraud and Unethical Disclosure Act over a year ago with the goal of creating a your most recent compromise bill with Sen- of 2012 (‘‘CROWDFUND Act’’). As the Act’s system under which entrepreneurs can raise ators Brown and Bennett. As a platform that title suggests, an exemption from registra- capital to create jobs. We understand there has been developed to eventually allow peer tion requirements for very small securities are major differences between the House and to peer lending (debt only), we applaud your offerings creates significant potential for Senate versions of the Crowdfunding bills efforts to allow for new small business bor- fraud and unethical conduct. The and we desire for the Senate Banking Com- rowing opportunities while also protecting CROWDFUND Act addresses this concern by mittee to have a chance to work these issues the lender and borrower. providing significant regulatory relief to out there so that both Houses of Congress Specifically, we appreciate the language very small issuers without unreasonably can pass this legislation. that lifts the financial limits on investment compromising the investor protection provi- In January 2011, we proposed the regu- to be robust enough to support the borrower sions on which the federal securities laws are latory framework, which is the basis for all industries we serve. Additionally, the new grounded and the long-term success of the the Crowdfunding bills currently under con- disclosure/regulatory requirements are ro- U.S. securities markets has been based. sideration in Washington, DC. After a year of bust enough to provide guidance to a new in- In particular, I note the substantial im- dedicated work we are comforted by the fact dustry, but will also benefit the crowd-fund- provements over the crowdfunding exemp- that the Senate, House and President under- ing industry in the long-term (as compared tion contained in Title III of the Jumpstart stand how important capital is to our na- to a possible race to the bottom with a ‘‘no Our Business Startups Act (‘‘JOBS Act’’) re- tion’s entrepreneurs for innovation and job regulatory’’ approach). Finally, we believe cently approved by the House. The JOBS creation. The passage of the House the disclosure/regulatory requirements will Act’s crowdfunding exemption, aptly re- Crowdfunding Bill (H.R. 2930), coupled with provide adequate information to investors, ferred to by Columbia Law School Professor the President’s very strong leadership and advising of risk but also deterring fraud. John Coffee as the ‘‘The Boiler Room Legal- support was a great demonstration of bipar- Again, this has long-term benefits to the in- ization Act,’’ removes fundamental investor tisanship. The active debate in the Senate, dustry as a whole. protection measures that are essential to the further reinforces the commitment to updat- We also recognize a shift from your origi- successful operation of the U.S. securities ing securities regulations that were written nal bill and thank you for removing the re- markets. at a time when we didn’t have the tech- quirement for audited and reviewed finan- Most notably, the JOBS Act would grant nology to better enable the free flow of infor- cials for businesses raising small amounts of broker-dealers who act as intermediaries in mation and investor protection. Once legal- money, as this requirement would have been crowdfunding offerings a complete exemp- ized, Crowdfund Investing (CFI) will allow a so cost-prohibitive that it would have served tion from registration as brokers. Such an limited amount of community-based capital as a dis-incentive for small business partici- exemption is grossly overbroad and removes to flow into the hands of our nation’s job pation. an entire regulatory structure for precisely creators and innovators, while providing pru- While I believe that your legislation is the kind of small offerings where experience dent investor protections. much stronger than previous bills, I do still has demonstrated a high risk of fraud. In We are three successful MBA entrepreneurs have concerns regarding requirements that contrast, the CROWDFUND Act provides a having raised in excess of $100M in venture do not adequately consider the different role reasonable alternative to broker registration and private equity capital and deeply under- debt plays in the capital structure, and hope by permitting crowdfunding intermediaries stand the capital markets, and their risks that we have the opportunity to address to be lightly regulated as ‘‘funding portals.’’ and rewards. In drafting our framework, we these differences in the rule making process These portals would continue to be subject worked hard to balance the interests of the (we appreciate your guidance in drafting po- to essential investor protection rules while entrepreneur, investor, intermediary and tential legislative history to this effect). We relieving them of regulation that is unneces- regulator. We endorsed H.R. 2930, as it is also believe that the current requirements sary in the crowdfunding context. aligned with our framework. Since then, we

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3759 worked closely with the Senate to under- ORDER OF PROCEDURE that his plan ‘‘will slow the growth of stand their concerns and work on a bill to in- Mr. WICKER. Madam President, I health care costs for our families, our clude provisions that can yield bipartisan businesses, and our government.’’ In support while creating an regulatory envi- rise to speak on the second-year anni- versary of the Patient Protection and fact, last week the nonpartisan Con- ronment in which a Crowdfund Investing in- gressional Budget Office and Joint dustry can grow and succeed. Affordable Care law. I will be joined It is with this in mind that we write to shortly by a few of my colleagues. I ask Committee on Taxation updated their suggest that if you consider the House unanimous consent that at that point outlook of the health care law’s impact version of the bill you consider adding the we engage in a colloquy. on the Federal budget. Not surpris- following crucial components: The ACTING PRESIDENT pro tem- ingly, their latest analysis says 1. Crowdfund Investing intermediaries that Obamacare will cost even more than are SEC-regulated to provide appropriate pore. Without objection, it is so or- dered. anticipated. And the anticipated costs oversight were high, indeed, but they say the 2. All or nothing financing so that an en- f trepreneur must hit 100% of his funding tar- health care law will cost nearly $1.8 get or no funds will be exchanged HEALTH CARE trillion over the next decade or double 3. State notification, rather than state reg- Mr. WICKER. Madam President, on the estimated cost that accompanied istration, so the states are aware of who is Friday of this week 2 years will have the bill when Democratic supermajori- crowdfunding in their states. This ensures passed since President Obama signed ties passed it in 2010. This is hardly the they retain their enforcement ability while the Patient Protection and Affordable relief President Obama promised. creating an efficient marketplace. During his campaign, the President Senators Merkley, Bennett, Brown and Care Act into law. This is actually a Landrieu should be commended for their sad anniversary because more than said the plan would reduce health care thoughtfulness in crafting a bipartisan com- enough time has gone by to reveal the premiums by an average of $2,500 per promise bill. Passage of Crowdfund Investing failures of this massive, burdensome family. Instead, premiums have grown legislation this session will create the Amer- piece of legislation. by nearly that much since he was ican jobs and innovation that our economy The fact that 26 of our 50 States— elected. so desperately needs. Please consider taking more than half of the States—are part I see I am joined by two of my col- up this bill. of the legal challenge currently under leagues, the distinguished Senator Sincerely, from Wyoming and the distinguished SHERWOOD NEISS, JASON BEST & review by the Supreme Court points out the inevitable truth: This is a law Senator from Kansas. ZAK CASSADY-DORION, There are a number of other promises Co-founders. that simply does not work. we are talking about today, and I know The case that will be heard in a few we don’t impugn motives around here— MARCH 15, 2012. days will be one of the most consequen- that is against the rules—but one has Senator HARRY REID, tial Supreme Court cases of my life- to wonder, did advocates of this mas- Senate Majority Leader, Hart Senate Office time—consequential not only because Building, Washington DC. sive law actually believe these prom- it deals with this massive, burdensome DEAR SENATOR REID: I write to express sup- ises or were they simply duped and piece of legislation but because the im- port for the bipartisan CROWDFUND Act re- misled? And I don’t know which is cently proposed by Senators Merkley, S. plications go so much further. The Su- worse, but I know that my colleague Brown, Bennet and Landrieu. preme Court case will decide the scope Dr. BARRASSO, himself a physician who CrowdCheck, Inc. was formed to support of the commerce clause. Indeed, my entrepreneurs seeking crowdfunding by giv- is on the front line of this issue, has colleagues, if the Supreme Court de- given this a great deal of thought, so at ing them a way to establish their legitimacy cides this law can withstand constitu- in a field that many have predicted will be this point I ask him to join in this col- vulnerable to fraud, and to give investors a tional scrutiny, then this large, mas- loquy. tool to recognize and avoid fraud. Our found- sive Federal Government can, in fact, Mr. BARRASSO. Madam President, I ers include several business lawyers, and I do almost anything, and there will be stand here with my friend and col- am a securities lawyer with three decades of hardly any limitations under the Con- league from Mississippi because he and experience helping companies comply with stitution and the Bill of Rights on the I both attended, in his home State of SEC disclosure requirements. I thus under- power of the U.S. Federal Government. stand the burdens such regulations can im- Mississippi, a meeting at a hospital Americans are right to be dis- where we met with doctors, also met pose on entrepreneurs, and also the informa- appointed with Obamacare, and they tion investors need to make an informed in- with patients, and met with people vestment decision. I am therefore pleased to are right to want it repealed. And re- from the community while the debate see the careful balance in the bill between gardless of the outcome of the Supreme and discussion was being conducted investor protection and burden on the entre- Court case, this Congress can decide about this health care law. At the preneur. and, as a matter of fact, the people of time, people were asking all sorts of While we have some concerns with respect the United States will have a chance in questions because they had heard the to interpretation of certain provisions in the November, as we do every 2 years, to bill, we look forward to working with the promises. Would this actually lower decide. the cost of insurance by $2,500 a fam- sponsors of the bill to address these. We A recent Gallup poll shows that twice therefore urge you to support this bipartisan ily? That is what people wanted. That effort to pass the CROWDFUND Act. as many Americans think the law will is what they expected. The other ques- Sincerely, make things worse for their families tion: Will I really be able to keep the SARA HANKS, than those who believe it will make care I have and the doctor I have if I CEO, CrowdCheck, Inc. things better. Seventy-two percent of like it? Mr. BENNET. It moves this ball Americans believe the individual man- Now here we are a couple of years down the field. I hope it establishes a date is unconstitutional. later, the second anniversary of this model for how we can work together to The truth is that Americans deserve health care law being passed, and I am make sure that we are actually ad- affordable, high-quality health care, here with my friend and colleague from dressing things I am hearing about in not a 2,700-page, big-government piece Mississippi, and it just seems to me the townhalls and that we are driving of legislation that taxes, spends, and that the questions that were asked by wage growth and job growth here in the regulates. The President’s health care his constituents, by the doctors in United States. law has not lowered the cost of health those communities who take care of I yield the floor. care as promised. It has not created the patients, by the patients, the hos- The ACTING PRESIDENT pro tem- jobs as promised. It has not reduced pital administrators whom we talked pore. The Senator from Mississippi. the deficit as promised. So this week to that day in his home State of Mis- Mr. WICKER. Madam President, are we mark the anniversary not with sissippi—it does seem that many of we in morning business? progress but with bitter realities. these promises have been broken. The ACTING PRESIDENT pro tem- President Obama, in his joint session The costs seem to go up higher than pore. We are. speech to Congress in 2009, asserted had this health care law not been

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3760 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 passed at all. The numbers and the sta- greater access. And I would certainly plan went awry than the so-called tistics we are hearing now from the say that one of the promises that is not CLASS Act. budget office on the cost seem to be being kept about the affordable care Late in the debate, the CLASS Act much, much higher than what the act is the likelihood that there is going was thrown in to provide long-term President promised. Parts of this to be greater access for Americans care for seniors, which seems like a health care law—the so-called CLASS across our country to health care be- worthy cause, but the whole thing was Act—it now comes out were accounting cause this bill is underfunded, it is not a gimmick. It was described by Senator gimmicks, budget schemes to make it paid for. The consequences are that the CONRAD, our chairman of the Budget seem as though the cost of this health administration is already proposing Committee, as a ‘‘Ponzi scheme of the care law would be much less than what and Congress will always be looking for first order, the kind of thing that Ber- American people now know it to be. ways to reduce spending when it comes nie Madoff would have been proud of.’’ So it is no surprise to me—and I see to health care, and the most likely tar- They foisted that off on us. Why? Ini- this in Wyoming, and I am sure the get is the payment Medicare makes to tially, because of CBO scoring, it would Senator sees it in Mississippi, and I health care providers, which in many show an increase in finances into reve- would imagine the Senator from Kan- instances already doesn’t cover the nues and into the whole ObamaCare sas who is on the floor has seen the cost for providing the service. So when program. But as soon as those people same thing at home because I know he we look for access to health care, every who were paying in became eligible, has gone to hospitals and just—maybe time we make a decision, every time a obviously, the reverse happened. Thank almost every hospital in the State of decision will be made in order to try to God for former Senator Gregg of New Kansas as he has traveled around. We make this more affordable, we are Hampshire, who had an amendment are all seeing that this health care law going to see fewer and fewer providers adopted that required the Secretary to is less popular now than when it was able to provide the services necessary certify that the program would be sol- passed. That is what I hear at townhall to folks across the country but espe- vent for over 75 years before the pro- meetings. When I ask, do you think cially in rural communities where 60, gram could be implemented. If it you are actually going to pay more 70, 80, even 90 percent of the patients hadn’t been for that, the CLASS Act under the health care law, every hand admitted to the hospital are on Medi- would be here today. goes up. And when I say, do you think care. Then, last October, the Secretary of the quality and availability of your So one of the problems with the af- Health and Human Services issued a re- own care at home is going to go down, fordable care act is the reality that it port confirming what many of us knew again, every hand goes up. will reduce access to health care for was inevitable: that the Secretary So if I could ask my colleague from people who live in rural America and could not certify the CLASS Act’s sol- Kansas if he is hearing the same we will see fewer physicians accepting vency as required under law. So we things. And I see we are also joined by patients on Medicare, we will see fewer went through this exercise of fran- the Senator from Arizona. hospital doors remain open; as this bill tically searching for ways to increase Mr. MORAN. I appreciate the oppor- takes $500 billion out of Medicare to revenue, at least the way CBO does tunity to be on the floor today, espe- begin with, the Congress that passed scoring. So we did the CLASS Act and, cially with the Senator from Wyoming, and the President who signed this leg- thank God, Senator Gregg of New a doctor who is such an expert on the islation set the stage for there to be Hampshire put in an amendment that topic of really not just the moment, less affordable health care available to they had to certify that it would be not just the day, but the topic of what Americans across the country but espe- viable over 75 years. There was not a our country faces. cially for constituents of mine who live snowball’s chance in Gila Bend, AZ, I will say that I do spend a lot of in a rural State such as Kansas. that they were able to certify that for time in hospitals across our State talk- Mr. WICKER. If I could jump in on over 75 years it would be a viable pro- ing to health care providers, talking to the issue of Medicare because I have a gram. patients, doctors, to administrators, quote here from President Obama, July It was kind of entertaining, but late trustees. In fact, there are 128 hospitals 29, 2009: ‘‘Medicare is a government on a Friday night the Secretary of in our State. I have visited all of them, program, but do not worry, I am not Health and Human Services said she and there is genuine concern about the going touch it.’’ As a matter of fact, could not certify that the program future of the ability for health care to only months later he signed into law would be solvent throughout a 75-year be delivered in communities across our ObamaCare, which takes $1⁄2 trillion period. The result of this was, obvi- State. And you add to that the physi- from Medicare. And it touches on the ously, that they didn’t have the false cian and other health care provider very issue the Senator from Kansas revenues that CBO could score. They community, and this health care re- was referring to with regard to Medi- didn’t have a program that could pro- form act is creating significant chal- care access for people in rural Kansas. vide long-term care for seniors. Again, lenges. Mr. MCCAIN. Madam President, I as the Senator from North Dakota My interest in public service started might point out to my friend from Mis- aptly pointed out, this ‘‘Ponzi scheme a long time ago with the belief that we sissippi that the first amendment we of the first order’’ faced and met a live our lives in rural America, in my had on the floor of the Senate when we well-deserved death. State of Kansas, in a pretty special were considering ObamaCare was to re- That is why an overwhelming major- way. When I came to Congress, it be- store that $500 billion, and it was voted ity of the American people disapprove came clear to me that if our commu- down on a party-line basis. of this whole exercise of ObamaCare. nities were going to have a future, it I thank my friends for allowing me to They want it repealed. They don’t sup- was dependent upon the ability to de- engage in this colloquy. I want to dis- port it. I am proud to say in this elec- liver health care close to home. And cuss this with my friends. In my view, tion we will decide whether we repeal those rural communities across our Na- probably what encapsulates the prob- and replace ObamaCare. The American tion often have high proportions of sen- lems with this legislation—the com- people care about that. ior citizen populations where Medicare mitment began that we would provide Mr. WICKER. Madam President, to is the primary determining factor of affordable health care to all Ameri- summarize what the Senator from Ari- whether they can access health care. cans, which meant we had to put the zona has just said, the CLASS Act was When the affordable care act was brakes on inflation in health care be- sold to the American people as a budg- passed, many promises were made, but cause health care was becoming et deficit reducer. It was going to re- one of the things that was told to the unaffordable—the highest quality duce the deficit. No sooner was it American people—or at least the at- health care in the world. Nothing, in signed and they started looking at it tempt was made to sell to the Amer- my view—and I ask my colleagues that the administration itself said: We ican people—was that there would be this—describes more how this whole know it is unworkable, and we abandon

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3761 it. We are not even going to try to en- know now, the CLASS Act could not work. But we continue to maintain it force it. work. They have had to acknowledge on the books in the hopes of some in Mr. MCCAIN. They could have kept it that, and the amendment put on by the administration, I am sure, that it on the books. If it had not been for the Senator Gregg, which would have can be resurrected in the future. It was amendment of Senator Gregg from New forced them to certify, made that a bad idea then, and it will be in the fu- Hampshire which said they had to cer- abundantly clear. ture. It just doesn’t pencil out. We can- tify its solvency over a 75-year period, To the point of the Senator from Mis- not make it work. It saddles future we would have the CLASS Act today, a sissippi, the purpose of the exercise was generations of Americans with massive Ponzi scheme where people would be that we have to do something about amounts of debt. paying in, and that is scored as reve- the cost of health care. In fact, the Mr. WICKER. Madam President, let nues, and some years later when they President of the United States, when me ask my colleagues about another retire, obviously, the reverse would he was running, said this: promise. They will call time on us have been true. If you’ve got health insurance, we are soon. I have yet to hear one of my col- going to work with you to lower your pre- Does anybody recall hearing this leagues come over and admit that they miums by $2,500 per family per year. We will statement from the President of the were wrong about the CLASS Act. I not wait 20 years from now to do it, or 10 United States in 2009? He said this: would love to hear some of those who years from now to do it; we will do it by the If you like your health care plan, you will strongly advocated for it. My friend end of my first term as President of the be able to keep your health care plan, period. United States. No one will take it away, no matter what. from Iowa, Senator HARKIN, said: That was the President on June 15, So we get a lot of bang for the buck, as one I am sure the Senator from Arizona might say, with the CLASS Act that we have probably remembers very well many of 2009. What happened to that? in this bill. these statements. But the facts tell a Mr. BARRASSO. Madam President, when we look at it, even the adminis- Senator WHITEHOUSE said this: different story. If we look at what health care costs are doing, and even tration admits that wasn’t true. Small Certain colleagues on the other side of the what was predicted by the Congres- businesses—people who get their insur- aisle have argued that the CLASS plan ance in small businesses—will have a would lead to a financially unstable entitle- sional Budget Office, they said the law ment program and would rapidly increase was going to increase health insurance difficult time continuing to provide the Federal deficit. That is simply not accu- premiums by 10 to 13 percent, which coverage for people because of the rate. means families purchasing coverage mandates that say they have to pro- I look forward to my colleagues who were going to pay an additional $2,100 vide Washington-approved insurance. supported and voted for the CLASS Act because of the new law. That has actu- That is the problem: that people have to come over and agree that it was, as ally been borne out. what they like, and it may be some- thing they want, need, and can afford. Senator CONRAD pointed out, a Ponzi If we look at the cost of health insur- scheme. ance for people in this country today, Now they are being mandated to have Mr. WICKER. Madam President, I it has gone up, not down; it has gone up something they may not want, need, or know our friend from South Dakota dramatically—since the President took be able to afford. So, again, we have another broken has joined us and is eager to join in office, about 25 percent for most Amer- promise, which is why Senator COBURN, this discussion. I wonder if he has any- icans. All these promises about getting who practiced medicine for a quarter thing to add about the broken promises costs under control, the promises about century, as I did, and I have come out that were made during the passage of keeping what people have, the promises with a report, released yesterday ObamaCare. about this being done in a way that called, ‘‘Warning, Side Effects, a Mr. MCCAIN. Before that, the whole would protect Medicare—we all know Checkup on the Federal Health Law: point of reforming health care was to Medicare was going to be slashed when Fewer Choices.’’ reduce the cost of health care. That this was fully implemented, to the tune That means people cannot choose to was the goal. We all know Medicare of $1 trillion, and there would be $1 keep what they have. There are fewer cannot be sustained for the American trillion in new taxes also. choices, higher taxes, more govern- people if the inflation associated with The American people got a bad deal, ment, and less innovation. None of that health care continues. The whole ob- and they know it. That is what the is what the American people have been ject of this game was to reduce the cost public opinion polls show. promised by the President. of health care and preserve the quality Mr. MCCAIN. I ask the Senator, even Mr. MCCAIN. In addition, I ask the of health care. though we have shut down the office of Senator how many new regulations Does anybody think that was the CLASS Act, even though the Sec- have been issued, and how many new achieved with this legislation? That is retary of Health and Human Services regulations do we anticipate as a result why the American people have figured said they can’t certify that it will be of this exercise? it out. I yield for the Senator from fiscally solvent over 75 years, it is still Mr. BARRASSO. This over 2,000-page South Dakota. on the books. Isn’t the CLASS Act still law will result in over 100,000 pages of Mr. THUNE. Madam President, I on the books? Does the Senator think regulations. There is one part of the echo what the Senator from Arizona it might be appropriate, since we can- law where, for a couple of pages—4 to 6 said about the CLASS Act. He was not comply with the law, to maybe re- pages—they had 400 pages of regula- here, as was I and many others, debat- peal that portion of the law? Is that tions and 50 pages of legal guidance. ing this bill and saying this was a pro- something we might think about? It When we talk to hospitals—I know gram destined to be bankrupt. In fact, might be a pretty good amendment. those of us who visit with hospitals in if we look at the independent Actuary, Mr. THUNE. It would be, and, by the our States—they say they are spending he was saying the CLASS Act was un- way, we have that amendment and money on consultants and lawyers to workable. They said it would collapse would be happy to offer it. We tried to help them understand the law. They in short order. call up the bill, but it was objected to say: It is money we ought to spend on Within the HHS Department, there by the Democrats. The thing about bad patients and equipment and technology was a nonpartisan career staff that ideas around here is that they tend to for our hospital, to provide care in our called it a ‘‘recipe for disaster.’’ There come back. This idea ought to be put community. was plenty of advance warning this away once and for all. Yet it is on the I know the Senator from Kansas has wasn’t going to work. books, as the Senator pointed out. I visited over 100 hospitals in his State. The Senator from Arizona correctly don’t know why, after all the evidence He has heard the same thing. pointed out it was used as a gimmick out there now that has been put for- Mr. MORAN. That is true. The point to make the overall cost look less and, ward, including the Health and Human made earlier about the goal of the leg- therefore, bring it into balance. As we Services Secretary saying this will not islation bending the cost curve down—

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3762 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 it didn’t do it, it doesn’t do it, and it ised about keeping what they have dis- Mr. HARKIN. I appreciate that. cannot do it. That created the problem appears one more time. In fact, at a f we all face now. How can we have ac- townhall meeting in Parsons, KS, this cess to affordable health care if we are year, a physician in the front row said: HEALTH CARE not reducing the cost of health care? Senator, you need to know I no longer Mr. HARKIN. Madam President, 2 The end result, in my view, is that accept Medicare and Medicaid. I will years ago President Obama signed into Americans will have less options for take cash, but I cannot afford to pro- law what I believe was the most for- their own plans. As employers, they vide the services based upon the Medi- ward-thinking and humane reform of will provide either less options or no care reimbursement rate I get. When our health care system since Medicare. options for their employees. So the you add in all the paperwork, trying to Just like the Republicans opposed idea that people are going to get to comply with Medicare and Medicaid, it Medicare when it came in, they still keep what they have, that begins to is no longer financially feasible for me want to get rid of it. If we look at the disappear. If they are a senior citizen in this small town to provide the serv- Ryan budget that came out, what do and Medicare has been their primary ices my patients need under Medicare. they want to do? They want to pri- provider, we go back to the idea that So we are going to see a lot less ac- vatize Medicare. They have been at it we didn’t bend the cost curve. So in cess because, once again, this is a fail- ever since. They do not want this hu- order to make health care affordable— ure. The promise that was made to mane reform we passed 2 years ago. when the legislation fails to do that, bend down the cost curve, to reduce When the affordable care act became we find other gimmicks to do that. One health care costs, to reduce premiums law, I said we have made America a of the things this bill creates is IPAB, was totally false. more compassionate and a more just an independent agency that will make Mr. WICKER. So the promise was not society. I believe this with even greater decisions about what is covered by peo- to touch Medicare, and that promise conviction now. In listening to my col- ple’s health care plans. The goal will has not been fulfilled. The promise was leagues, my friends on the other side of not be to have better quality health to reduce the deficit, and that turned the aisle, one would think this is all care; the goal of the IPAB will be to re- out to be an empty promise. just about little nuts and bolts and this duce expenditures. Also, we were told by the President and that, but it is about humaneness. As the promise was made that people and by Speaker PELOSI this bill would It is about compassion and about jus- get to keep what they have, it becomes create jobs. The President said it was a tice and, yes, it is about making the totally different than what they have key pillar for a new foundation for system work better for patients, not experienced in their health care plans— prosperity. How has that turned out? just for insurance companies and the either in their own private health care Former Speaker PELOSI said in its life insurance industry. insurance or as a beneficiary of Medi- the health care bill will create 4 mil- Now that we have moved ahead to care. Even the President’s own Medi- lion jobs—400,000 almost immediately. implement the law, the results have care Actuary estimates that the law Of course, neither of those promises been striking. Every American now is will increase overall national health has come true. The nonpartisan CBO protected against the abusive insur- care expenditures by $311 billion during has estimated the health care law will ance company practices of the past. the first 10 years alone, and that pri- reduce America’s workforce. This is Let me put it another way. Because of vate health care insurance premiums the bipartisan CBO. They said it will the health care reform law, Americans will rise 10 percent in 2014. reduce America’s workforce by 800,000 now have protections that every Sen- So if we are complaining today about jobs over the next 10 years. That fact ator in this Chamber has enjoyed for the increase in premium costs, there is has been confirmed by the U.S. Cham- years under the Federal Employees more to come. In 2014, the Medicare Ac- ber of Commerce. Health Benefits Program. We now have tuary says there will be another 10 per- Mr. THUNE. I would say to my col- extended that to all Americans. Listen- cent increase in your health care pre- league from Mississippi that one of the ing to my friends on the other side of miums. At the Center for Medicare and areas where jobs may be created is in the aisle, they want to take it away Medicaid Services, their economists the Federal Government because it is from Americans but keep it for them- found the increasing growth rate in going to take an awful lot of Federal selves. Oh, no; they do not want to give health care spending will occur in bureaucrats to oversee and lots of new it up. I think what is good for Senators every sector of health care. More re- IRS agents to implement this legisla- ought to be good for the American peo- cently, the Congressional Budget Of- tion. That would be the only place we ple. fice, our neutral provider of analysis, will see job creation. The young lady shown on this chart says the cost of the health care law But when it comes to private sector is Emily Schlichting. She testified be- may be substantially higher than ear- job creation, the thing about this is, it fore my committee last year, and this lier estimated. raises the cost for health insurance is what she said: One of the things I would suggest we coverage for employers, and it raises taxes on a lot of people who are in- Young people are the future of this coun- should have done and that never hap- try and we are the most affected by reform— pened—if we want folks to be able to volved in health care. we’re the generation that is most uninsured. keep what they have, if we want access The ACTING PRESIDENT pro tem- We need the Affordable Care Act because it to health care in rural and urban and pore. The minority’s time has expired. is literally an investment in the future of suburban places in the country—we Mr. THUNE. The combination of this country. should have done something about fix- those things is only going to cost jobs. Why does she say that? Because she I yield the floor. suffers from a rare autoimmune condi- ing permanently the reduction of pay- The ACTING PRESIDENT pro tem- tion which insurance companies would ments to physicians—the so-called doc pore. The Senator from Iowa. fix. One would have thought, in health not even cover. But because we have care reform, that would have been f said they cannot now discriminate if front and center. Because if we don’t ORDER OF BUSINESS someone has a preexisting condition, have a physician providing a service, Mr. HARKIN. Madam President, how Emily gets insurance coverage. Plus, we don’t have health care. Yet we have much time remains on our side? she can stay on her parents’ health in- a Medicare system that is going to re- The ACTING PRESIDENT pro tem- surance program. duce the payments. In fact, expected pore. There is 71⁄2 minutes. So far, the law has extended coverage this year, the reduced payments to Mr. HARKIN. Madam President, I to more than 21⁄2 million young people physicians was going to be 30 percent. would like to be notified when I have 1 such as Emily. Yet the Republicans The reality is, no longer will physi- minute remaining. want to take it away. They want to cians accept Medicare patients. The op- The ACTING PRESIDENT pro tem- take away Emily Schlichting’s insur- tion the American people were prom- pore. The Chair will so advise. ance coverage. That is what this is all

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We have banned lifetime pore. The Senator has 50 seconds re- duced investment to grow our econ- limits. Let me tell everyone about Ross maining. omy. Daniels and Amy Ward from West Des Mr. HARKIN. I yield the remainder The House bill has other deep flaws. Moines, IA. After developing a rare of my time to the Senator from Michi- It erases barriers, erected after the lung infection on a summer trip, Amy gan. dotcom bubble of the 1990s, that pre- needed intensive treatment, including f vent conflicts of interest in which in- a course of medication costing—get vestment banks could promote the JOBS ACT this—$1,600 a dose—$1,600 a dose. Her stock offerings that they underwrite by insurance policy had a $1 million life- Mr. LEVIN. Madam President, in a having their research analysts provide time limit. Without our health care re- few minutes, we are going to vote on pumped-up assessments on the stock. form’s ban on lifetime limits, this cou- whether we should end debate on a This provision would mean that near- ple would have had to declare bank- House bill which carries the false label ly 90 percent of all IPOs would be ex- ruptcy. After this experience, Ross said of a jobs bill—a bill which cries out for empt from providing basic protections he can’t understand why opponents of debate and amendment. that help investors commit their the law want to repeal it. He said: If we continue down this track, we money with confidence. It is hard for us to believe that so many of will approve legislation that endangers Now, it has been said by supporters of the GOP candidates would have us go back in America’s senior citizens, its small in- this bill that we should approve this time where an illness like this would have vestors, and its large pension funds and bill because the President supports it. I forced us, or any other family for that mat- foundations. In doing so, we would, far would remind my colleagues of two ter, into bankruptcy. from encouraging job growth, endanger things. First, the President’s support Listen to what Republicans are say- job growth, by endangering the invest- would not dissolve our own responsi- ing. They want to take this protection ments that help America’s businesses bility. We are in danger of rubber- away from Amy Ward and Ross Daniels grow and create new jobs. The jobs bill stamping a bill simply because some- and millions of other Americans. There before us, as it now stands, is anything one slapped a clever acronym with the are 100 million people being helped by but a jobs bill. And if we invoke clo- word ‘‘jobs’’ on it. If this bill threatens, the ban on lifetime limits. ture, we will end debate and the oppor- rather than encourages, investment We have also covered vital preventive tunity to remedy this bill’s flaws. The and job creation, we should repair its services free of charge. That has bene- Senate should not take that step. flaws. That is our responsibility. Madi- fited more than 80 million people who Its flaws are deeply worrisome. It son told us two centuries ago: now get free preventive care. It allows threatens to dampen investment, and A senate, as a second branch of the legisla- young people to remain on their par- therefore dampen job growth, in at tive assembly, distinct from, and dividing ents’ insurance plans until they are age least six ways. the power with a first, must be in all cases a 26. I can’t tell you how many families First, investors are now protected by salutary check on the government. I have talked to in my State of Iowa federal securities laws that generally We should be that check today. who have said this has been a godsend prevent companies from making large- Second, those who point to the Presi- to them and to their kids. ly unregulated stock offerings to the dent’s support fail to mention another Here is the preventive portion. We all public. By limiting such unregulated aspect of his position: support for com- know prevention is the best thing we stock offerings to investors who can mon-sense fixes that protect the integ- can do to change our sick care system better withstand the substantial risk rity of our markets. The White House into a health care system. Here is what of these investments, we discourage said this week: we did. Here is what the affordable care fraud while allowing companies to ac- The President strongly supports the efforts act does on prevention. Before health cess capital. But the House bill does of Senate Democrats to find common ground care reform, colorectal cancer screen- away with these restrictions. They by supporting the most effective aspects of ing was covered only 68 percent by in- could market them with cold calls to the House bill to increase capital formation for growing businesses, while also improving surance companies, cholesterol screen- senior centers. This would expose the House bill to ensure there are sufficient ing was only covered by 57 percent, to- Americans with few protections safeguards to prevent abuse and protect in- bacco cessation only 4 percent. Under against fraud and little ability to ana- vestors. the affordable care act, colorectal can- lyze complex, risky investments to The President supports this bill, cer screening, cholesterol, and tobacco devastating losses. yes—but he also supports improving it. cessation all are covered at 100 percent It gets worse. The House bill changes And we should have the chance to do by every insurance company. Madam when a company is large enough to so. President, 100 hundred percent, not 57 warrant SEC disclosure and trans- This is not a bill to promote invest- percent or 68 percent but 100 percent. parency requirements—from one with ment in our economy. This bill will dis- We all know that early screening fewer than 500 shareholders to one with courage investment. As SEC Chairman means people live longer and it cuts 2,000 or more shareholders, and perhaps Schapiro wrote: down on health care costs. many more. Those could be very large If the balance is tipped to the point where So millions now receive free preven- companies. In fact, the House bill investors are not confident that there are ap- tive care, and 86 million Americans had maintains a loophole that allows share- propriate protections, investors will lose at least one free preventive service in holders of record, on paper, to hold confidence in our markets, and capital for- 2011. Almost 1 million Iowans, in my shares for potentially hundreds of real mation will ultimately be made more dif- State, received at least one free pre- owners as a way of evading this share- ficult and expensive. ventive service in 2011. Yet Republicans holder limit. They would be exempt Unless we protect investors, they will want to take this away. That is what from filing regular financial reports not invest in our economy. We can only this is about. and other measures that give investors add those protections if we slow this But Americans now have preventive the confidence they need to invest rush, debate this bill, and amend it. If care. They now are able to keep their their hard-earned dollars. we invoke cloture now, we end debate kids on their policies until they are age Taken together, these first two flaws rather than beginning it. If we invoke 26. They now have a ban on lifetime would allow even large companies to cloture, we restrict amendment rather

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The cloture motion having been regulated stock offerings on television presented under rule XXII, the Chair NOT VOTING—2 or on billboards. This House bill would directs the clerk to read the motion. Crapo Kirk allow large companies with thousands The legislative clerk read as follows: The PRESIDING OFFICER. On this of shareholders to avoid SEC vote, the yeas are 76, the nays are 22. CLOTURE MOTION 09regulation. The House bill would Three-fifths of the Senators duly cho- allow banks of any size to avoid SEC We, the undersigned Senators, in accord- sen and sworn having voted in the af- 09regulation if they have fewer than ance with the provisions of rule XXII of the firmative, the motion is agreed to. 1,200 shareholders. The House bill Standing Rules of the Senate, hereby move Cloture having been invoked, the mo- would allow companies with annual to bring to a close debate on H.R. 3606, an Act to increase American job creation and tion to commit falls as being incon- sales of up to $1 billion to evade the economic growth by improving access to the sistent with cloture. most basic transparency, account- public capital markets for emerging growth Mr. REID. Mr. President, I raise a ability, and disclosure requirements in companies. germaneness point of order against the making initial public offerings. Harry Reid, Ben Nelson, Jon Tester, pending Cantwell-Graham amendment. This is not a bill which will promote Charles E. Schumer, Joe Manchin III, The PRESIDING OFFICER. The investment in our economy. This bill Patty Murray, Mark R. Warner, Chris- point of order is well taken, and the will discourage investment. As SEC topher A. Coons, Robert Menendez, amendment falls. Chairman Schapiro wrote us: Thomas R. Carper, Joseph I. Lieber- Mr. REID. Mr. President, I raise a man, Debbie Stabenow, Robert P. germaneness point of order against the If the balance is tipped to the point where Casey, Jr., Tom Udall, Jim Webb, Bar- investors are not confident that there are ap- bara Boxer. Reed-Landrieu-Levin-Brown of Ohio propriate protections, investors will lose substitute. confidence in our markets. The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The That is why the Council of Institu- pore. By unanimous consent, the man- point of order is well taken and the tional Investors warns us ‘‘this legisla- datory quorum call has been waived. amendment falls. tion will likely create more risks to in- The question is, Is it the sense of the AMENDMENT NO. 1884 vestors than jobs.’’ Senate that debate on H.R. 3606, an act Mr. REID. Mr. President, I call up This is not a bill which will allow to increase American job creation and amendment No. 1884, offered by Sen- new opportunities for American work- economic growth by improving access ators MERKLEY, BENNET, and others. ers but one which will create new op- to public capital markets for emerging The PRESIDING OFFICER. The portunities for fraudsters and boiler- growth companies, shall be brought to clerk will report. room crooks. I urge defeat of cloture. a close? The legislative clerk read as follows: We should not end debate on this bill The yeas and nays are mandatory The Senator from Nevada [Mr. REID], for and make it more difficult to amend under the rule. Mr. MERKLEY, Mr. BENNET, and Mr. BROWN of this bill by restricting amendments. Massachusetts, proposes an amendment The clerk will call the roll. numbered 1884. f The legislative clerk called the roll. (The amendment is printed in the CONCLUSION OF MORNING Mr. KYL. The following Senators are RECORD of Monday, March 19, 2012, BUSINESS necessarily absent: the Senator from under ‘‘Text of Amendments.’’) The ACTING PRESIDENT pro tem- Idaho (Mr. CRAPO) and the Senator Mr. REID. Mr. President, I ask for pore. Morning business is closed. from Illinois (Mr. KIRK). the yeas and nays on that amendment. The PRESIDING OFFICER. Is there a f The PRESIDING OFFICER (Mr. FRANKEN). Are there any other Sen- sufficient second? JUMPSTART OUR BUSINESS ators in the Chamber desiring to vote? There is a sufficient second. The yeas and nays were ordered. STARTUPS ACT The yeas and nays resulted—yeas 76, The ACTING PRESIDENT pro tem- nays 22, as follows: AMENDMENT NO. 1931 TO AMENDMENT NO. 1884 Mr. REID. Mr. President, I call up pore. Under the previous order, the [Rollcall Vote No. 53 Leg.] Senate will resume consideration of the second-degree amendment, No. H.R. 3606, which the clerk will report. YEAS—76 1931, offered by Senator REED of Rhode The legislative clerk read as follows: Alexander Hagan Nelson (FL) Island. Ayotte Hatch Paul The PRESIDING OFFICER. The A bill (H.R. 3606) to increase American job Barrasso Heller Portman creation and economic growth by improving clerk will report. Begich Hoeven Pryor The legislative clerk read as follows: access to the public capital markets for Bennet Hutchison Reid emerging growth companies. Bingaman Inhofe Risch The Senator from Nevada [Mr. REID], for Pending: Blunt Inouye Roberts Mr. REED, proposes an amendment numbered Boozman Isakson Rockefeller 1931 to amendment No. 1884. Brown (MA) Johanns Reid (for Reed) amendment No. 1833, in the Rubio Burr Johnson (SD) The amendment is as follows: nature of a substitute. Schumer Cantwell Johnson (WI) At the end, add the following. ‘‘The Com- Reid amendment No. 1834 (to amendment Sessions No. 1833), to change the enactment date. Carper Kerry mission shall revise the definition of the Casey Klobuchar Shaheen Reid amendment No. 1835 (to amendment Shelby term ‘held of record’ pursuant to section Chambliss Kohl 12(g)(5) of the Securities Exchange Act of No. 1834), of a perfecting nature. Coats Kyl Snowe Reid (for Cantwell) amendment No. 1836 (to Coburn Lee Stabenow 1934 (15. U.S.C. 781(g)(5)) to include beneficial the language proposed to be stricken by Cochran Lieberman Tester owners of such class of securities.’’. amendment No. 1833), to reauthorize the Ex- Collins Lugar Thune Mr. REID. Mr. President, the bill be- port-Import Bank of the United States. Coons Manchin Toomey Corker McCain Udall (CO) fore this body had broad bipartisan Reid amendment No. 1837 (to amendment support, bicameral in nature. The bill No. 1836), to change the enactment date. Cornyn McCaskill Udall (NM) DeMint McConnell Vitter we are considering today is the IPO Reid motion to recommit the bill to the Durbin Moran Committee on Banking, Housing, and Urban Warner bill, of course. The bill passed the Enzi Murkowski Wicker Affairs, with instructions, Reid amendment House by an overwhelming majority. Graham Murray Wyden No. 1838, to change the enactment date. Grassley Nelson (NE) President Obama supports it.

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3765 I want everybody to know that the publicans blocked a bill that would cre- to create hundreds of thousands of jobs bill is imperfect, and that perhaps is an ate, in 1 year, as it did this year that in this country over the next many understatement. What we are trying to we are in, 300,000 jobs. It is hard to years. They passed up that oppor- do with amendments offered by Sen- comprehend, but people who sponsored tunity. Once again, they chose to pick ators MERKLEY and REED is to improve the amendment voted against it. But an unnecessary fight instead. They this bill, which has a lot of problems. this isn’t anything new. I think it is want to fight over even things they These two amendments would go a long such callous disregard for what is fair agree with. How do you like that one? way toward correcting those. and right. They love this bill, but they want to This is an important piece of legisla- The Republican leader has been talk- fight about it. tion, and we are confident that it will ing nonstop about how important it is Our No. 1 priority is to create jobs, improve innovators’ access to capital for Congress to continue to create jobs. and we have shown that. It is obvious and give startups the flexibility they So I am disappointed—and that is an that the Republicans don’t have their need to hire and grow. But it is not per- understatement—that yesterday Sen- priorities straight. But this is some- fect, I repeat. As with any other piece ate Republicans, led by my friend the thing we have had to live with. of legislation, there are ways we can Republican leader, rejected an oppor- We are going to work with the minor- improve it. On this bill, there are many tunity to help American exporters ity to come up with a time to have a ways we can improve it. I am sorry we grow and hire. vote. The time expires around 6 o’clock cannot do more. The Ex-Im Bank helps American ex- tonight. Because of a number of things To that end, the Senate will consider porters compete in a global economy, going on here today, I hope we can two germane amendments to this IPO and it has always enjoyed broad, bipar- have a vote earlier than that. We will bill that will protect investors and pre- tisan support—until this Republican do our best to work with the Repub- vent fraud. minority stepped in here. The last time lican leader to try to come up with a The first amendment is sponsored by it was offered, in 2006, a Republican of- vote. There will be three votes: Senator MERKLEY and others. It deals fered it. It got unanimous consent to Merkley, Reed, and final passage. with companies that raise capital on- pass. This legislation has been going The PRESIDING OFFICER. The Sen- line from small investors. This amend- since the 1930s. It is backed by the Na- ator from Montana is recognized. Mr. TESTER. Mr. President, I ask to ment will ensure that watchdogs are in tional Association of Manufacturers, speak for up to 10 minutes, with Sen- place to protect the small investors the Chamber of Commerce, the Busi- ator MERKLEY following me. and their money from fraudulent com- ness Roundtable, and labor unions. All The PRESIDING OFFICER. Without panies and abuse of the system. my Republican friends can explain to objection, it is so ordered. People are lurking out there waiting the Chamber of Commerce, the Na- Mr. TESTER. Mr. President, I rise to for ways to cheat. I am sorry, but it is tional Association of Manufacturers, speak in strong support of the capital true. These are people who are either and the Business Roundtable that not formation bill that we received cloture amoral or immoral, looking for oppor- only did they kill this bill but they on a few minutes ago. tunities to make money. I appreciate stopped the deficit from going down by In a place where we too often get very much the work that a number of $1 billion, because the Ex-Im Bank bill bogged down by politics, this legisla- Senators have put into this amend- reduces the deficit by $1 billion. Of tion reflects a strong, bipartisan com- ment. It is an important amendment, course, it had Republican cosponsors. mitment to creating jobs by ensuring and it is so important to improving In fact, my Republican colleagues, that small businesses have access to this bill. You will hear much more this including many who voted against this critical capital that they need. This afternoon from the sponsors of the amendment yesterday, admitted they legislation has tremendous potential to amendment about why it is so impor- support the legislation. I had a number create jobs and spur economic growth tant. of Senators come to me saying, we like and innovation. The key component to The second amendment is sponsored it. As I said yesterday in my remarks, achieving all of these goals is ensuring by Senator REED of Rhode Island. All they are voting against a bill they say that small businesses have access to Senators have stature, but JACK REED, they like. The Republican leader said a the capital they need to grow their with his military background, his expe- number of things yesterday, but he businesses and create jobs. rience in the House, and his experience said he wanted to vote down this wor- This legislation is a rare instance in in the Senate, is a man we all look to thy proposal because he wants to pass Congress where both Chambers in both for leadership. His amendment will en- it separately. parties come together to focus on this sure fair and honest disclosure by com- We understand what is going on here. Nation’s most urgent priority, and that panies raising capital. It will stop busi- The Republican-dominated House of is jobs. The President has already ex- nesses from gaming the system and Representatives wants to send over pressed his support for it. So let’s get avoiding oversight by hiding thou- here a hollow shell of the Ex-Im Bank, this bill done and off to him for his sig- sands—or maybe tens of thousands—of and they would look to us and say that nature. investors. This will stop when this we now have an Ex-Im Bank bill. What Over the past few years, I have held amendment passes. they have come up with is so foolish, 12 small business opportunity work- Democrats and Republicans agree and that is a good description of it. shops all over the State of Montana. that we need to pass the IPO bill and Their offer is hollow. They want to ap- Without a doubt, access to capital is make it easier for American companies pear to support the Ex-Im Bank and at always one of the most critical issues to raise capital, to grow operations, the same time kill it. that I hear from small business owners. and to hire new workers, but we must Democrats actually do support the Access to capital makes all the dif- do so in a way that balances the needs Ex-Im Bank, and we made that very ference for a small business. If the and rights of investors and prevents clear to everybody and voted accord- money is there, so is the expansion; so fraud and abuse. ingly. We want it to become law. is the capacity to do more research and These two amendments will accom- House Republicans have shown no de- development; so is the next great idea. plish that. These two amendments are sire to even consider this important Without capital, though, there is no not going to make the bill perfect, but jobs measure—let alone pass it. The growth, no risk-taking, and there are it will be a lot better. only way to ensure the Ex-Im Bank can no jobs. While the IPO measure before the continue to help American companies Montana is a State of entrepreneurs. Senate today is an important piece of grow and create jobs is for the Senate It is a frontier State. It has a tradition legislation, experts agree its impact on to attach it to this IPO bill, and that of self-reliance, which is clearly re- job creation will be somewhat limited. failed. flected in the entrepreneurs and the This legislation is something that is Yesterday, Senate Republicans had successful and innovative small busi- before this body. Yesterday, Senate Re- an opportunity to join with Democrats nesses they have created and grown in

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Cur- 09a few weeks ago, SEC lawyers sug- Our small businesses in Montana rently, the businesses can only raise $5 gested that there was absolutely noth- vary from family farms, ranches, and million under regulation A—a limit ing scary about S. 1544 and that they one-man manufacturing shops, to inno- that has not been updated in nearly 20 felt very comfortable with the existing vative biotech companies and cutting- years and one that many view as too investor protections included in that edge information analytics firms. low to be a valuable tool in raising cap- bill. Many of these newer firms have the op- ital. The bottom line is that I am thrilled portunity to change the landscape The bill maintains the most attrac- we will finally have an opportunity to when it comes to diversifying Mon- tive elements of regulation A, includ- pass this legislation—hopefully very tana’s economy. ing the ability for issuers to test the soon—and get it to the President’s According to research from the waters before registering with the SEC. desk. Kauffman Foundation, nearly all net It also preserves the nonrestricted sta- What does this legislation mean for jobs created since 1980 have come from tus of securities sold through a reg A Montana entrepreneurs? Let me cite a firms 5 years or younger. The role of offering so that these securities can be few examples. startups in creating jobs and driving resold to investors after the initial of- For Brett Baker, president and CEO innovation has been well documented, fering. of Microbion Corporation in Bozeman, but that ability to create jobs is lim- New investor protections include a lifting the cap on regulation A offer- ited if these firms do not have access to requirement that issuers file an au- ings will provide him with broader op- financing to scale and to grow their dited financial statement with the portunities to raise capital. Instead of companies. So central to job creation SEC—a requirement that has been in- worrying about where the next phase of is making sure investors and capital cluded in the legislation that I intro- financing will come from, he can focus markets are accessible for startups. duced as well as the House bill before on discovery and research, working Because of this potential for growth, us today. The bill also directs the SEC with the Department of Defense to use we need to do all we can to empower to establish additional disclosure re- compounds Microbion discovered to these businesses with the tools they quirements and requires issuers to treat antibiotic-resistant wounds. need to survive and thrive at every electronically file offering statements These changes will also allow a com- stage of their development. These with the Commission. pany such as Microbion to access cap- young companies must be able to ac- Additionally, the bill subjects those ital at an earlier stage without dilut- cess the capital they need to bring in- offering or selling securities under reg- ing its earlier investors who believed in novative ideas and products to the ulation A to negligence-based liability them from the earliest days of that marketplace. company. And raising capital publicly Back in July I held the first of a se- under section 12(a)(2), and it includes through regulation A would also give ries of hearings in the Banking Com- disqualification provisions to prevent folks in Bozeman who know about the mittee to examine the challenges and bad actors from making these offerings company an opportunity to share in its opportunities facing innovative small in a way that is consistent with Dodd- success, something that is not possible businesses as they try to access cap- Frank. ital. A major take-away from the hear- From what I have heard said about now unless they are an accredited in- ing was the need to ensure that capital the House version of regulation A, you vestor. More broadly, this legislation is markets remain within reach of would presume none of these investor going to provide small businesses in startups at various stages of their de- protections are included. Let me clar- Montana’s emerging data and biotech velopment, particularly in the stages ify that the bill I introduced with Sen- industries with new tools and options before they may be ready to go public. ator TOOMEY, S. 1544, is identical to the A key recommendation offered at the language included in the House bill, to access capital at different stages of hearing came from Rob Bargatze of H.R. 3606, that is before us today. development, and it will also provide Ligocyte Pharmaceuticals in Bozeman, The truth is that the substitute necessary updates to existing regula- MT. He said we should take a closer amendment that was voted on yester- tions. For example, changes to the look at updating SEC regulation A to day made very minor changes to this SEC’s 500 shareholder rule would en- better enable small businesses to raise portion of the House bill, such as sure companies, such as investment capital through these public offerings. changing a ‘‘may’’ to a ‘‘shall’’ and brokerage D.A. Davidson in Great The regulation A exemption was cre- adding a study by the SEC 5 years after Falls, can continue to provide their ated in the Securities Act of 1933 to implementation of these changes. employees with stock in the company provide small companies with an op- We should have been able to pass this without having to go through a costly portunity to raise capital without bill by a voice vote here in the Senate and time-consuming registration proc- being subject to full registration with since this bill has enjoyed strong bipar- ess with the SEC. This Montana-grown the SEC. tisan support in the Senate, with six company dates back over 75 years and Ligocyte is developing a new bipartisan cosponsors. Regardless of has always believed in rewarding its norovirus vaccine with the potential to that, I am pleased that this balanced employees so they can have a stake in prevent hospitalization and save sig- bill also enjoyed a 420-to-1 vote in the the success of the firm, which now op- nificant health care costs—and to cre- House—420 for, 1 against. Imagine erates in 16 States. Without these ate those jobs of the future. Working that—all but one voting Member of the changes, a company such as D.A. Da- through the FDA approval process is House of Representatives agree on this vidson would be faced with the choice not easy. It requires years of hard work bill. of costly public registration or poten- and tens of millions of dollars. It can I would also note the SEC’s recently tially eliminating existing employee be tough for any company to stick it released recommendation from its shareholders. out for that long or for that much Forum on Small Business Capital For- For companies such as Rivertop Re- money, but for a small firm in Boze- mation increasing the regulation A ex- newables in Missoula, this legislation man, MT, it can be especially difficult. emption to $50 million was one of the will provide them with an onramp to Access to capital to fund their clinical top recommendations at this forum. going public if that is an option they trials will be the determining factor in By the way, this is an idea which has choose to take one day. Rivertop has their ability to gain FDA approval. been in the SEC’s Forum on Small begun full-scale production of their Back in September, Senator TOOMEY Business Capital Formation rec- groundbreaking green biochemical and I introduced the Small Company ommendations almost every year since products used in commercial products

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If their products. tion is put forward, where there is no you are seeking from $100,000 to For Lance Trebesch of accountability, where there are pump- $500,000, then you need to have a CPA ticketprinting.com and Ticket River, and-dump schemes, then the reputation review the financial statements. If you this legislation will enable him to grow of crowdfunding will be deeply dam- are seeking more than $500,000, then his ticket printing, event management, aged and the opportunity for capital you need to have audited financial and online ticket printing firm. Since formation will be equally affected. statements. So, as the amount of 1997 this company has expanded its This follows on a model that is al- money you are asking for increases, reach internationally, with over 25 em- ready on the Internet in some other the degree to which you need to do due ployees in Bozeman and Harlowton, contexts. For example, you can visit a diligence financially and present the MT. Web site called kickstarter.com, and details increases as well. This bill will ensure that entre- you as an individual can look at a host There is certainly nothing that preneurs across the State of Montana of concepts that are being put forward would prevent a particular Web site will have a whole new set of tools at for social and artistic activities across from establishing its own standards their disposal so they can make smart this country. You can say: Yes, I want above and beyond these particular lev- decisions about their future to develop to help that artist build that sculpture els. and expand their businesses. They will or so on and so forth. They may say A second thing is it is critical there have more choices and better access to how much money they want to raise, be accountability for the accuracy of capital markets, which should also give and you would decide what you want to the information. The House bill not them more leeway to create and inno- donate. That is a donation model. You only doesn’t even require information, vate. also can go to Web sites such as pros- but they put out information and there We have seen ecosystems of support per.com or kiva.com, and these are is no accountability. Basically, it is an for small businesses such as these as peer-to-peer lending Web sites. If you invitation to spin any story one likes. they spring up in virtually every coun- go to prosper.com, you will see a whole What the Senate bill says is, in order ty in Montana. Obviously, the success list of folks who are saying: Yes, I want for this capital market to work well of these companies has implications for to consolidate my credit cards, I would one has to stand behind the accuracy of job creation and growth, but there are like to borrow X amount and I am of- their information. It has basic liability also tremendous opportunities for in- fering an interest rate of such-and- accountability; that is, as a director or novation. such, and here is a little bit of back- officer of this organization, they are It is not surprising that in Montana ground, and you can decide if you want standing behind the accuracy of what so many startups have located near to lend to that individual or not. That they put out. It has a due diligence universities in Missoula and Bozeman. is peer-to-peer lending. protection so this is very balanced. It In fact, many of these firms got their Well, what crowdfunding does is to has a requirement that the information start with discoveries in the labs at create an equal opportunity for folks be relevant or germane to the conduct Montana State and the University of to invest in early-stage businesses, of the company. So that is another pro- Montana. With this legislation, the startup businesses, small businesses. tection for the business itself. So it is possibilities are endless for Montana Imagine, for example, you run into balanced between the two. But this can and for entrepreneurs and innovators someone at a cafe who says: I have this give investors a basic belief that what across Montana and this Nation. new idea for a coffee shop called is being set up are reasonable amounts Mr. President, I look forward to vot- Starbucks. I am going to call it of information proportional to the re- ing on this legislation and getting it to Starbucks. Would you like to help me quest and that the officers and direc- the President for his signature. launch this? tors are standing behind this informa- With that, I yield the floor. And you say: Well, another coffee tion. That creates the foundation for The PRESIDING OFFICER. The Sen- shop—I don’t know if the world needs an effective marketplace. ator from Rhode Island. another coffee shop. A third distinction between the Mr. REED. Mr. President, I ask unan- Maybe you jump in and maybe you House bill and our amendment No. 1884 imous consent that at the conclusion don’t. Then years later, you say: Oh, I is the House bill does not require com- of the remarks of Senator MERKLEY should have seized that opportunity. panies to go through an intermediary. and Senator BENNET, I be recognized. Well, through a crowdfunding portal, In other words, under the House bill, if The PRESIDING OFFICER. Without you get to hear those stories. You get someone wants to promote their com- objection, it is so ordered. to read those stories being presented pany, they can simply put out an e- Mr. REED. I thank the Chair. by folks from across the country about mail. An e-mail can say anything they The PRESIDING OFFICER. The Sen- their efforts, and you can decide if you want because they are not responsible ator from Oregon. want to participate. for the accuracy, and they can send it AMENDMENT NO. 1884 Now, crowdfunding is in the larger to everyone in the world. They can pro- Mr. MERKLEY. Mr. President, I rise capital formation bill that comes to us ceed to put up popup ads that simply to speak to amendment No. 1884. Spe- from the House, but that particular promote their company—again, with cifically, this is the crowdfunding formulation is deeply flawed, and I am no accuracy required. But by creating amendment. That might be a term that going to walk through a series of dif- an Internet intermediary and that is new to many, so let me explain. ferences between the House bill and the intermediary has to register, we create The Internet provides new opportuni- Senate bill for my colleagues so they a streamlined formulation so they have ties for capital to reach small busi- can understand why we need to pass a funding portal registration much nesses and startup entrepreneurs, and amendment 1884. simpler than a broker dealer. But in what this crowdfunding amendment The first factor is that the House bill doing so, they agree they are not going does is to say that when the crowd; does not require someone listing them- to take any position on the various in- that is, all of those who are surfing the selves or asking for startup money to vestment opportunities they are list- Internet, goes to a funding portal on provide any financial information. ing. So you truly are the marketplace. the Internet, a Web site, to support a Well, that is a huge mistake. If there is They are not saying, by the way, that company, to invest in a company, there no information, there is nothing to particular offering by that company is

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Another distinction is the House bill effort, and find out later a bigger inves- One prominent investor protection has no aggregate caps. The result of tor came in and the stock was diluted advocate wrote that: that is that a person could lose their in a fashion in which they are basically entire life savings in one fell swoop. [t]he CROWDFUND Act addresses this con- written out of their share of the owner- cern by providing significant regulatory re- The Senate bill puts on very reasonable ship. So the Senate bill directs the SEC lief to very small issuers without unreason- proportional caps that say if one’s in- 09to provide investor protections in ably compromising the investor protection come is $40,000 or less, their cap is this area. provisions on which the federal securities $2,000; if they are between $40,000 and These are key distinctions. These are laws are grounded and the long-term success $100,000, their cap is 5 percent of their the distinctions between a solid foun- of the U.S. securities markets has been annual income; if they are over dation for capital formation in this in- based. $100,000, it is 10 percent. So it allows for credibly exciting new opportunity, new The Senator from Oregon did an ex- larger amounts of money from those market, and simply a path to preda- cellent job of describing the provisions who have much higher incomes but tory schemes that the House is pro- in this bill, so I am not going to go provides basic aggregate cap protec- viding. That is why I am encouraging over that ground again. But I do wish tions so we don’t end up with folks who my colleagues to support the amend- to talk for a moment before I yield to are on public services because they ment Senator BENNET, who will be the Senator from Rhode Island about were swindled out of everything they speaking next, and I have put together what it is we are trying to solve. Too had. and a number of our colleagues have often I think we don’t ask ourselves Another key distinction is that under joined us, including Senator LANDRIEU what the nature of the problem is we the House bill one can list their offer- and Senator SCOTT BROWN. This is a are trying to solve before we actually ing and close their offering within a credible foundation for an exciting set about solving it, and then—no sur- single day, which provides absolutely idea. prise—we end up actually making mat- no feedback loop for any type of de- Let me close with this notion; that ters worse. tected deception. Under the Senate is, that across America, Americans In my townhalls the chief concern of bill, we create a 3-week period from have $17 trillion invested in their re- the people who come is that median one’s listing to their closing. So one tirement accounts. If they were to put family income has continued to decline lists their idea. If enough people sign 1 percent of those funds into this type in this country. For the first time in up to reach one’s funding request of crowdfunding startup, they would be this country’s history, the middle class level—say one has requested to raise providing $170 billion of investment po- is earning less at the end of the decade $600,000. If enough people sign up and tential for small companies and start- than they were at the beginning of the they are investing $100,000 here, $1,000 up companies. That is an incredibly decade. That has never happened before there that one reaches their goal, as powerful potential form of capital to in the United States. soon as the 21-day period expires, then put America forward. It is small busi- So person after person has come and they close. So that does give time for nesses that create most of the jobs, and said: MICHAEL, I have done what I was some sort of feedback loops regarding this capital formation idea will help in supposed to do. I kept working at my any sort of fraudulent activity. that. Let’s get it done. job. Nobody said I didn’t do a good job. Another distinction is that the House I certainly deeply appreciate the con- But my wage is actually less in real bill allows a company to pay promoters tributions of my colleague from Colo- dollars today than it was at the begin- and not disclose it. That is called rado, Senator BENNET, who will make ning of the decade, but the cost of pumping. If one has ever seen the his points. health insurance continues to go up, movie ‘‘Boiler Room,’’ one can see a The PRESIDING OFFICER. The Sen- the cost of college. I have had at least basic classic pump-and-dump scheme, ator from Colorado. half a dozen people say to me they can- where a roomful of folks on the phone Mr. BENNET. Mr. President, I wish not afford to send their kid to the best are calling people, cold-calling them, to recognize the Senator from Oregon, college they got into. I can’t think of and they are saying: Hey, I am calling Mr. MERKLEY, for his leadership on this anything that is more of a waste of our because I am giving you this incredible issue and for his willingness, when productivity than that. investment opportunity and here is the times got tough, to dig even deeper and The essential problem we are facing story. They can say anything they make sure we get to the balanced ap- in this economy is structural. Our want and they can talk people into proach that is reflected in this amend- gross domestic product, believe it or buying that stock and then the stock is ment. It is a bipartisan amendment, not, as we stand here, is higher than it actually being purchased from the which around this place I think is wor- was when we went into this recession, folks who own the boiler room. Then, thy of all of us taking a moment to the worst recession since the Great De- as soon as they sell all the stock they recognize, and it is an amendment the pression. Productivity is also way up. have, they quit making phone calls, people who know most about The efficiency with which we are driv- the value of the stock drops, and every- crowdfunding support. I wish to read ing that economic growth is way up be- body who invested loses out. That is a several paragraphs from some of those cause we have had to respond to com- classic boiler room. That is a classic folks. petition from abroad. We can’t take pump and dump. The House bill allows From Launcht, which is a anything for granted anymore. We paid promotion with no disclosure. crowdfunding platform, they note that have employed technology to drive pro- The Senate bill says if they are going our compromise: ductivity from the cotton pickers in to get on the blog’s site within a Web [i]s important because, unlike previous my wife’s hometown to the largest For- site portal and say favorable things bills, for the first time, we have a Senate bill tune 500 companies that we have, and about a stock and if they are paid by with bipartisan sponsorship, a balance of we have 23 or 24 million people who are the company to do it, they have to dis- state oversight and federal uniformity, in- either unemployed or underemployed close that. They simply say: Hey, I am dustry standard investor protections, and in this economy. employed by such and such, but I want workable funding caps. The economic output is back, but it to bring to your attention some merits From the National Small Business has decoupled from wages and it has of this. But at least the public knows Association, we hear that our com- decoupled from job growth and that where they are coming from. promise: was true before we went into the worst

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3769 recession. You see, the last period of aside because there isn’t a person in ginning in 1964, the SEC 09required economic growth in this country’s his- this Chamber who doesn’t want to do that companies with at least 500 hold- tory is the first time our economy grew this. We start, though, with the rec- ers of record—and at least $10 million and wages fell, that our economy grew ognition that we have structural issues in assets, to follow the routine report- and that we lost jobs. It was a decou- we need to resolve. ing requirements under the securities pling of economic growth from wage I hope everybody who hasn’t had the laws. The decision was made that at growth and from job growth. There is chance to get a look at the amendment that point a company does have a size something terribly wrong with that will look at it. I hope people on both that is adequate and necessary so that picture, and it is creating an enormous sides of the aisle will support this they should be disclosing. downward pressure on the middle class amendment. I am very pleased it is bi- The issue that is motivating the in this country. partisan, with Senator MERKLEY and House is this 500-person requirement. It There are a bunch of things we need Senator BROWN, and I look forward to was adopted, as I said, in 1964. There is to do, but there are two major things voting on this amendment this after- a sense that the limit is probably too that I think we need to do; one is, we noon. low. The House version is 2,000. We need to educate our people for the 21st I see the Senator from Rhode Island make no attempt to change the House century. The worst the unemployment is here. I thank him for his leadership limit of 2,000 now, the new limit. But rate ever got for people with a college on this legislation, and I yield the what we want to be sure of is that the degree in the worst recession since the floor. individuals who are being counted are Great Depression, the one we just went The PRESIDING OFFICER. The Sen- not the record holders, they are the through, was 4.5 percent. That is a ator from Rhode Island. real owners, the beneficial owners. In Mr. REED. Mr. President, I commend pretty good stress test, it seems to me, fact, many companies are very astute Senator MERKLEY and Senator BENNET of the value of a college education in and assiduous in assuring that these for their extraordinary work, indeed, in the 21st century. But as a country record holders fall beneath this 500 collaboration I believe with our col- today, if someone is a child living in level. league Senator BROWN from Massachu- poverty, their chances of getting a col- There are many large companies, setts to make significant improve- lege degree are 9 in 100. If we don’t well-known companies, as I mentioned ments in the crowdfunding provisions change the way we educate people in in my previous remarks, that have of the House bill. As Senator BENNET this country, we will continue to see 91 thousands of beneficial owners but still and Senator MERKLEY have indicated, of 100 children living in poverty con- have, on their own records, less than this represents a potentially very pro- strained to the margin of our economy 500 holders of record. The SEC defines ductive way to raise capital, and they and the margin of this democracy. record holders as ‘‘each person who is have provided protections that will en- That is an important piece of work. We sure investors in this process are not identified as the owner of such securi- have a vital national interest in that, disadvantaged, and I commend them ties on records of the security holders and we are not paying attention to it for that. maintained by or on behalf of the here. It addresses one of the significant issuer.’’ But also we have to create the condi- issues in the House bill but, frankly, Holder of record is very direct. It is tions in this country where we are not all the significant issues. There are the shareholders who are recorded as driving innovation and driving job some extremely glaring, I think, provi- such on the books of the company. This growth because the days of just expect- sions in the House bill that we at- is where the term ‘‘beneficial owner’’ ing the largest companies in this coun- tempted to address in the Reed-Lan- comes from. In such instances, the try to create jobs are over. The jobs drieu-Levin substitute. That substitute shares are held of record by a third that went away in the 20th century, amendment, although it received a ma- party, usually a broker, on behalf of many of them are not coming back in jority of votes, did not receive enough the shareholder. For example—and this the 21st century. It is about businesses to achieve cloture to be the bill we are is one of many examples—if you buy that are started tomorrow and next now considering. We are now consid- shares from Charles Schwab, that dis- week and the week after that and the ering the House bill. count brokerage firm would likely month after that. In order to create I have an amendment to that House serve as the record holder and you those sorts of conditions, the amend- bill that addresses one of several dif- would be the beneficial owner. It is ment we have presented, this ficulties with the House legislation. In- your money; you paid for it. It is your crowdfunding amendment, could un- vestors, when they buy stock in public vote because you are a beneficial leash billions of dollars, as the Senator companies, expect routine disclosures. owner. It is your right to sell the from Oregon said, of local investment, They expect to know on a quarterly shares. But as far as the company is investment on Main Street—or on basis, and in a very real sense on an an- concerned, the holder of record is the someone else’s Main Street through nual basis, what is the company doing? broker, Charles Schwab. the Internet—that could allow people What are the prospects of the com- I think we have all been familiar and with great innovative ideas for the pany? All that goes hand in hand with all received in the mail a big package first time to raise capital from our the widely dispersed ownership of a of proxy materials from our broker. It middle class and from other people who public company. The House legislation is not, in many cases, directly from the would like to participate in this kind would allow many companies with a company. It is from the Wells Fargo of new business venture. substantial number of beneficial share- Advisors, it is from Schwab Advisors, This is not all we need to do. There holders, the actual owners, the real et cetera, because they are on the are many things we need to do, and I owners of the stock, the ones who can records of the company as the ones who think there are things in this overall vote the stock, the ones who get the are the record holders. They distribute bill we need to fix. But this bipartisan dividends, the ones who vote on the the material to beneficial owners. amendment represents a real step for- proxies or directly for the leadership of The consequence is that for compa- ward. As we look to the future, it is the the corporation—it would allow them nies that may have a very few or rel- reason we need to do comprehensive to remain dark. This might be appro- atively few record holders, they have tax reform in this Congress. It is the priate for some companies that have a thousands and thousands of beneficial reason we need to fundamentally think relatively small base of real owners, owners. Those are the individuals who differently in this Congress about our but the way the House has drafted this will lose out if the company decides, regulations. We should be asking our- legislation it could risk allowing a sig- under the House bill, to suddenly go or selves the question: Are we more or nificant number of larger companies to remain dark, to avoid public reporting. less likely to be creating jobs in the go or remain dark. As I have indicated before, most in- United States with rising wages? I The Securities Exchange Act of 1934 vestors today do so through inter- think we should put the politics of this set up a system of public reporting. Be- mediaries—through brokers, through

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3770 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 others. As a result, they would not nec- parency and accurate information are from talking to Meredith Cross of the essarily be counted as a record holder. critical to the success of our capital SEC, that, given their rulemaking Record holders—the brokers, the large markets, and I think this legislation power, they have within the ambit of entities—are increasingly purely will do that. Requiring quarterly re- their power in implementing this legis- passthroughs. They are agents with no porting of firms with a large number of lation the ability to clarify any of economic interest in the company, no shareholders—real shareholders, bene- these points. So that not just employ- voting rights. Those are held by the ficial shareholders—protects investors ees who receive stock through an em- beneficial owners. That is why I believe while at the same time improving over- ployee plan, but an ESOP and other en- that beneficial ownership should be the all market transparency and effi- tities that hold stock—not on behalf of test for whether companies have to re- ciency. From this information, those their investors but have the right as an port under the Securities Exchange individual analysts and brokers who entity such as a venture capital fund or Act. It should encompass those who follow companies are able to determine a private equity fund—have the right have the power to sell and/or the power their recommendations, are able to ad- at that fund level to vote and to direct to vote the shares. They are the actual vise clients that you should buy this the sale of the shares and receive the shareholders. They are the individuals company, it is a good company. dividends—that they, too, would be who management is committed by fi- When the company goes dark, that counted as one entity. duciary duties to work for. So I think information source dries up and it is Professor Coates, as I said, believes it is appropriate that when we raise harder for individuals, brokers, invest- this will not affect the venture capital/ this level to 2,000 we also ensure that it ment advisors to give advice. I think private equity firm structures, which is not simply record holders, it is the this would not be helpful to the mar- would typically count as one share- beneficial owners—the real owners, for ket. In fact, I think it might, iron- holder, whether of record or bene- want of another term. ically, impede capital formation, not ficially. The VC firm or PE firm does There also could be, for example, two facilitate capital formation. not pass through votes or the right to identical companies with identical There is one important point that direct sales to its own investors, and numbers of beneficial owners but they has to be stressed, and that is my the same might be said with mutual might have different numbers of record amendment does not affect the em- funds, pension funds, et cetera—the holders because of the way the shares ployee exemption in the underlying primary passthrough which would be are held—in trust or by a broker, et bill. The House bill has a blanket ex- counted as brokers and banks, who cetera. And one company reporting and emption for counting owners of the hold on behalf of beneficial owners. one not reporting does not seem to be company for employees. We have re- What we have, I think, is legislation to be a fair or efficient way to do busi- viewed this exemption in our legisla- that recognizes the need to increase ness. tion with eminent experts, including the number adopted in 1964, but also to Companies already have to obtain Prof. John Coates at Harvard Law recognize that the real owners of com- numbers of beneficial owners from bro- School, and he concurs that employees panies far exceed, in many cases, the kers and banks in order to know how would not be swept up into being holders or record, and that these real many copies of annual reports and counted because they happen to receive owners depend upon the routine report- proxy materials they have to print, so compensation through stock in their ing that is required under the Securi- every company knows about how many company. ties Exchange Act so they can be in- beneficial numbers they have. They There are many companies—WaWa, formed, so they can follow their stock. have to provide the proxy material Wegmans—that want to have active Indeed, the analysts who look closely through the brokerage or bank to the employee participation in the company at these companies, who make rec- beneficial owners, so they know very through stock plans but are private ommendations to buy and sell, also well—in fact, quite precisely—their companies and want to remain private. need this type of information. For this beneficial ownership, their real share- This should allow them to do so. reason I have proposed this amend- holders. Again, my legislation makes no at- ment. I think it is something that im- But using record level as the trigger tempt to change the underlying House proves the bill. It was included in our to remain private, to avoid public re- bill, which gives a very broad blanket substitute which did not receive 60 porting, to me again is the wrong ap- exemption for employees, who are ex- votes to pass cloture but did receive proach. My amendment would clarify empted from the shareholder threshold. the majority of votes in this body. I the definition in this new shareholder There is another aspect here, too, think it is something, again, that will threshold section of the underlying and that is ESOPs, employee stock op- improve this legislation. I would not bill, and ensure that companies are not tion plans, because they do acquire hesitate to add that many more im- avoiding these public reporting re- stock on behalf of employees. We spe- provements are necessary, but cer- quirements by using a threshold of cifically asked Professor Coates, one of tainly this would be an improvement. 2,000 record holders if they have 2,000 or the preeminent experts in securities I would note the absence of a fewer beneficial owners. If this is a law, whether this would inadvertently quorum. truly small business that has 1,500 indi- trigger or inadvertently complicate the The PRESIDING OFFICER (Mr. vidual shareholders, beneficial owners, beneficial ownership rule. His opinion UDALL of New Mexico). The clerk will and they want to remain dark—that is that ESOPs typically count as one call the roll. seems to be something that we cer- record holder and one beneficial owner tainly would countenance, and with my because they do not pass through the The assistant legislative clerk pro- language it would be possible to do so. votes or the right to direct sales. They ceeded to call the roll. I think this approach makes it fair do not have the characteristics which The PRESIDING OFFICER. The Sen- for everyone. It also doesn’t frustrate are typical of the beneficial owner: the ator from Wyoming. the expectations of a person who buys right to vote and the right to sell the Mr. BARRASSO. Mr. President, I ask a share of nationally known stock that stock. They maintain those rights. unanimous consent that the order for is publicly reported and gets a 10–Q and They do not delegate those to the indi- the quorum call be rescinded. every year the 10–K, and suddenly they vidual employees who might be part of The PRESIDING OFFICER. Without don’t get anything. They wonder what the pool. So Professor Coates’ view is objection, it is so ordered. is going on at the company. Maybe the that ESOPs also would be exempt from Mr. BARRASSO. Mr. President, I ask company merges with another com- being counted, if you will, as more unanimous consent to enter into a col- pany, creates a new company, and now than one entity. loquy with my Republican colleagues has less than 2000 holders of record. I We have also reached out to the Se- for 30 minutes. think that is not an approach we curities and Exchange Commission and The PRESIDING OFFICER. Without should countenance. I think trans- we have received some assurances, objection, it is so ordered.

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3771 HEALTH CARE We know the bill that is now law has So I say to the Senator from Wyo- Mr. BARRASSO. Mr. President, on fundamentally changed, but President ming, 47 times—just while we were de- the Senate floor this morning Senator Obama, in 2009—and throughout his bating it; I don’t know how many DURBIN called on Republican Members campaign in 2008—decided he would times during the campaign—this Presi- to offer to give up what he called their combat the failure of the Clinton ad- dent said, ‘‘If you like what you have, Federal health care. I heard his com- ministration on health care reform, you can keep it.’’ It is a promise that ments, and he makes an interesting ar- and not being successful there, by re- was not kept. gument. But, once again, Democrats in peating over and over to Americans: Mr. BARRASSO. Well, I say to my the Senate are ignoring history, as the ‘‘If you like what you have, you can colleague from Iowa, it is interesting Senator did today. They are ignoring keep it.’’ That is basically what we that we take a look at this and so the facts and ignoring the Democrats’ heard at least 47 different times while many promises that reflect one specific record on this issue. the bill on health care reform was promise, ‘‘if you like what you have, The truth is, Republicans in this being debated. you can keep it.’’ body have already offered to give up We heard that from the President I practiced orthopedic surgery for 25 their health insurance coverage. In himself. We probably heard it from years, taking care of families in Wyo- fact, here is the rest of the story: Members of this Congress hundreds of ming. Many of those families included During the debate on the health care times. While it may have been politi- family members who were on Medicare, law—almost 2 years ago today—Repub- cally useful to make that promise to the program for our seniors. Senator licans offered to forego their private the American people, it remains a GRASSLEY has made some reference in coverage and instead enroll all Mem- promise he cannot keep and he did not his earlier comments about seniors, bers of Congress in Medicaid, the gov- keep. people who are on Medicare, people ernment’s safety-net program for low- The fact is, millions of Americans are who are having a harder time finding a income individuals. The Democrats in seeing changes in their existing health doctor. This health care law clearly this body unanimously rejected this plans due to the health reform law. So, had an impact on seniors as well. idea. Every Democrat voted no. This basically, when the President said, ‘‘if So I would ask my colleague from was on an amendment by former Sen- you like what you have, you can keep Iowa, are there specific things the Sen- ator LeMieux from Florida, an amend- it,’’ it is not turning out that way, and ator has been hearing as he travels ment that asked to enroll all Members Americans are seeing it every day. around the State and visits with folks of Congress in the Medicaid Program. The administration’s regulations at home in terms of perhaps promises Yet at least 50 percent of the newly governing so-called ‘‘grandfathered made specifically to seniors and those covered individuals under the Demo- health plans’’ will force most firms—up broken promises related to Medicare? crats’ new law are going to get cov- to 80 percent of the small businesses— Mr. GRASSLEY. That is not only a erage, and they will get their coverage to give up their current health care promise that has been broken, that is a through Medicaid. programs, and that is happening fairly promise that is very easy to quantify So the President’s solution for health regularly. When those businesses lose because, on July 29, 2009, during the care in this country is to put 50 percent their grandfathered status, they imme- consideration of this health care re- of the newly covered individuals under diately become subject to costly new form law, the President said: Medicaid. Yet the Democratic Members mandates and increased premiums that Medicare is a government program. But of the Senate unanimously voted no. If follow. So the economics of health care don’t worry: I’m not going to touch it. Democrats believe Medicaid is good costs and health care insurance dictate So let’s take a look at the health enough for the 24 million people they that people are not going to be able to care law and see if that promise was will soon force onto the rolls, my ques- keep what they have, as the President kept. The health care law made signifi- tion is, Why isn’t it good enough for promised. cant cuts in Medicare programs. This is the Democratic Members of Congress? Families in 17 States no longer have what we can quantify in dollars and So I am joined today by my col- access to child-only plans as a result of cents. leagues on the Senate floor who con- the health care law. So if you were a On April 22, 2010, the Chief Actuary of tinue to raise questions about the voter in 2008, and the President said to Medicare analyzed the law and found health care law and so many broken you ‘‘if you like what you have, you that it would cut Medicare by $575 bil- promises made by this President. I am can keep it,’’ and you wanted only lion over 10 years. The President said, fortunate to be joined by a senior mem- health insurance for your children, you about Medicare, as I told you, ‘‘I’m not ber of the Senate Finance Committee, cannot do that today in these 17 going to touch it.’’ But the President Senator GRASSLEY. States. It is not known how many fam- has touched it in a big way: $575 billion I would ask my colleague from Iowa, ilies who lost coverage for their chil- out of Medicare. as a senior member of the Senate Fi- dren because of the law have been able Medicare is on a path to go broke by nance Committee, who spent a lot of to find an affordable replacement. 2021; $575 billion is not going to guar- time studying and debating President Medicare Advantage covers about 20 antee Medicare for everybody in the fu- Obama’s health care law, my question percent of the senior citizens of Amer- ture. We have to reform and change to the Senator is, Do you think the ica. There is a study that shows the Medicare if that promise is going to be President’s promises match the re- Medicare Advantage enrollment is kept. We all want to do that, but the ality? going to be cut in half. The choices President has made that more difficult. Mr. GRASSLEY. I say to the Senator available to seniors are going to be re- The Congressional Budget Office from Wyoming, definitely not, and duced by two-thirds. Then there is the wrote that over $500 billion in Medicare Americans are seeing every day that is open question about Americans who re- reductions ‘‘would not enhance the not the case. If I could respond a little ceive their health care through large ability of the government to pay for fu- bit more in length, I would go back to employers. The CBO recently released ture Medicare benefits.’’ You know 1994 and point out a problem President a report that constructed a scenario what the President said during the de- Clinton had, and in turn that President where as many as 20 million Americans bate on this bill: ‘‘I’m not going to Obama tried to avoid about 14 years could lose their employer coverage. touch it.’’ But he has touched it in a later. It was in 1994 that the health While I acknowledge that the Con- big way. care reform issue came before the Con- gressional Budget Office report pro- The Chief Actuary had this to say gress—promoted by President Clinton vided the number that I just mentioned about the Medicare reductions: at that time—and it failed in large part as only one possible scenario, there are Providers— because it fundamentally changed the many who believe that is very plau- Meaning hospitals and doctors— health care coverage for nearly every sible given the incentives in the health Providers for whom Medicare constitutes a American. care law created for large businesses. substantive portion of their business could

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3772 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 find it difficult to remain profitable and, ab- did not want to be a part of it. The fa- are going to have to decide to do once sent legislative intervention, might end mous comment made on the other side they are faced with this new mandated their participation in the program. of the building by the Speaker—we will policy that covers not only what they So not only touching 500-and-some know what is in the bill once we pass think they can afford but whatever billion dollars, but also touching it in a it—has proven to be very true and not some government official decides is the way of limiting access for senior citi- very positive from the point of view of perfect policy for all Americans. Now, zens of America when the President that bill. imagine that—the perfect policy for all said, ‘‘I’m not going to touch it,’’ he The Senator from Wyoming and Sen- Americans. One-size-fits-all almost al- misled the American people. ator GRASSLEY have talked about the ways means that one size doesn’t fit The CM Actuary said, in essence, promises made already—the promise anybody. And these employers, it is these cuts could drive providers from not to touch Medicare, the promise now understood, are in many cases just the Medicare Program. I have a hard that if you like what you have, you can going to take the option that they will time understanding how these massive keep it—surely nobody can say that pay the penalty that is less than they cuts to Medicare count as somehow: with a straight face anymore—and the are paying now for insurance or they I’m not going to touch Medicare. promise during the campaign that are going to have to require their em- On the other hand, the biggest prob- there wouldn’t be a mandate. ployees to go get their insurance in a lem facing Medicare in the near term is Four years ago this was the big divi- subsidized exchange. That means tax- a physicians payment update problem sion of the two principal candidates for payers will be helping buy insurance that we constantly have to address and the nomination on that side. Senator for people who today have insurance could have been addressed in the health Obama’s view was that there would be through their employers at the rate of care reform bill. You know what. It no mandate, that there was no need for at least 20 million, and I think that was not addressed. Of course nothing a mandate. In fact, at one point he said number will be a lot higher than that. was done about it. Perhaps that is what that having a mandate would be like Mr. BARRASSO. Well, it does seem the President meant when he said solving homelessness by mandating that way to me, to the point that now, about Medicare, I say to the Senator that everybody buy a house. Now, that 2 years out, Senator COBURN and I put from Wyoming, ‘‘I’m not going to is not my quote, that is President together a report on what we are find- touch it.’’ Obama’s quote when he was Senator ing. It is a checkup on the Federal Mr. BARRASSO. That clearly points Obama—having a mandate on health health law, and the title is ‘‘Warning: out to the people around the country care would be like solving the housing Side Effects.’’ That is because there are what they know, and if they are on problem by saying we are going to re- huge side effects from this health care Medicare that it is that much more quire that everybody buy a house. law. The four that we have written out challenging for them to even find a This plan does not work. It doesn’t on the prescription pad, as we see it, on doctor because of the $500 billion of come together. The parts of the plan the prescription pad handed out by cuts to Medicare—and not to save that were supposed to pay for the plan President Obama, No. 1 is fewer Medicare, not to strengthen Medicare, are one by one being discarded. choices; No. 2, we have higher taxes; but to start a whole new government Remember the so-called CLASS Act, No. 3, more government; and No. 4 is program for other people. So those are the long-term care act, which tech- less innovation. That is what the several of the promises the President nically, I guess, would have produced American people are seeing as the side made. some money because it collected effects of this health care law. People We just heard from my colleague money the first 10 years; the first 10 don’t want few choices, they want from Iowa, ‘‘if you like what you have, years, we are counting the money and more choices. People don’t want higher you can keep it.’’ We know that prom- we are not allowed to spend any of it taxes, they want lower taxes. They ise has been broken, and now the prom- for the first 10 years. So, sure, that don’t want more government, they ises by the President—I will protect would be a net income to the Federal want less government. They don’t want Medicare—which is clearly not the Government. We are not spending and less innovation, they want more inno- case, as the American people have seen, money is coming in. But even the Sec- vation. That is what the American peo- which is why this health care law is retary of Health and Human Services ple asked for. even more unpopular today than it was said what many of us said at the time, There was a reason to do health care when it was passed. which is that this plan won’t work, so reform—because people wanted the But thinking back to the time it was we are not even going to collect the care they need from a doctor they want passed, the Senator from Missouri Mr. money because we know there is no at a cost they can afford. I know that BLUNT, who is joining us on the floor, way this particular structure will do is what my colleague from Iowa sees was very actively involved in the de- what it is supposed to do. when he goes home every weekend and bate and the discussions in pointing It is just one broken promise after talks to people in his home commu- out the concerns people in his home another, it is just one set of provisions nities. State had with regard to the health after another, and the more the Amer- Mr. GRASSLEY. Mr. President, if I care law and the objections he heard. ican people look at it, the more they could add one thing at this point, we My recollection is that there was even realize this just doesn’t add up. Not don’t really know how bad this law is an issue on the ballot about the health only does it not add up financially, it yet. I am going to add something to care law and mandates and related doesn’t add up to better health care. what Senator BLUNT said when he issues. We are going to see lots of people— quoted the Speaker of the House saying So I ask my friend and colleague the Congressional Budget Office re- that we don’t really know what is in from Missouri if there are comments he cently estimated that I think 20 mil- this bill and we are going to have to would like to add to help with this dis- lion people who get insurance now at pass it to find out what is in it. That is cussion of the broken promises of the work would lose that insurance at what she had to say to get a majority Obama health care law. work once this goes into effect, and vote even within her own party to get Mr. BLUNT. Mr. President, I thank that was not a calculation in the origi- it through the House of Representa- the doctor for his leadership on this nal bill. Everybody was at least calcu- tives. But, in a sense, she is right. One issue during the debate on the health lating that anybody who has insurance could understand every letter of this care law itself and right up to now, the now would keep what their employer law, but it has 1,693 delegations of au- second anniversary of it being signed would continue to pay for. Well, for 20 thority for the Secretary to write regu- into law. Certainly Missouri voters million of them, apparently, that is not lations, and until they are written, we were the first voters who went to the going to be the case. aren’t really going to know what is in polling place and registered their views I yield to the Senator from Wyoming it. We remember the accountable care on this. As I recall, 72 percent said they on that topic of just what employers organization rules that came out. Six

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3773 pages out of 2,700 in the bill dealt with miums by $2,500 per family per year. How is this 15-member board going to accountable care organizations, but the What family wouldn’t want that? The be better than the 500 Members who first regulations that were written whole purpose of the health care law serve people in Washington now, trying were 350 pages long. So we really won’t initially was to get the costs of health to look at specifics and then be ac- know how bad this legislation is maybe care under control. This didn’t do it. countable? To whom is this board ac- for a few years down the road, and If I go to a townhall meeting, as I did countable? What decision do they make hopefully we never get that far down not too long ago in Wyoming, and say: that somebody can challenge in a the road. How many of you under the new health meaningful way, in a way that they Mr. BARRASSO. My understanding care law are finding that you are pay- would be really concerned about? of the accountable care organization ing more for health insurance, not the So it doesn’t control costs as the component is that the very health pro- $2,500 less a year the President prom- President said it would. It doesn’t re- grams the accountable care organiza- ised, but how many are paying more, duce insurance costs as the President tions were modeled after, the ones the every hand goes up. Then we ask the said it would. I think it will wind up President held up as the models across question: How many of you believe the with maybe even more people unin- the country—one was in Utah, one was quality and the availability of your sured as long as the penalty paid is less Geisinger in Pennsylvania, and I be- own care is going to go down as a re- than the premiums paid, particularly lieve the Mayo Clinic may have been a sult of this health care law, and every for young workers who are outside the third—once those 350 pages of regula- hand goes up. I know that in the Show system today. Under the President’s tions came out, the programs the Me State of Missouri, that is not what plan, we eliminate the advantage they President said were the models we people want. They don’t want to pay have for being young and healthy by want to follow, they all said: We can’t more and get less. I don’t know if my saying: No, you can’t really classify comply with these regulations. They colleague has been hearing things simi- groups, whereas if a person gets life in- are too stringent. They are too con- lar to that at home. surance, that person will certainly pay fining. They will not work in our pro- Mr. BLUNT. I think that is what we more if they are 75 than if they are 27. gram. are all hearing. Whether you are for They are just going to pay less. It is So if it is not going to work in the this bill or not, my guess is that you the same way today for health insur- places where the President said they are hearing that if you are asking that ance as well because it is clear that the are doing it well, to me that means question. likelihood of a person using that plan they are not going to work anywhere in Another of the President’s promises at 26 is different than it is at 62. So all Wyoming and very likely not anywhere was that an average family, if this of these things just don’t add up, and in Iowa or anywhere in Missouri as we health care plan went into effect, people are beginning to figure that try to make sure patients get the care would pay $2,500 less, as the doctor just they don’t add up. they need from the doctor they want at said, per year. In fact, since he became I thought Senator GRASSLEY made a a cost they can afford. President, insurance premiums have very good point about even when we That is why I continue to look at this risen by $2,213 a year—not a $2,500 cut passed the bill, we wouldn’t know all of health care law and go home every but a $2,213 increase, according to the the costs of this bill until it actually weekend and talk to people, and I con- Kaiser Family Foundation. The survey goes into effect. I am very much in sup- tinue to hear that this bill is bad for says that in 2008, for employer-provided port of his view that we never want to patients, bad for providers—the nurses insurance, the average family premium let this get so far down the road where and the doctors who take care of the was $12,860. Last year it was $15,073. we would know how much it would patients—and bad for taxpayers. When we take a look at Medicare— These are incredible increases for fami- really cost or all the rules and regula- lies, coupled with the bad energy poli- and Senator BLUNT made a comment tions we would really have because it about Medicare and some of the cies and other policies that put fami- will head health care in a direction changes—who is going to make these lies into a condition they would hope where we might not be able to reverse decisions? It looks to me as though, not to be in and we hope for them not course and get to a health care system from reading through this law, it is to be in. So you have increased costs to that is really focused on patients and about 15 unelected bureaucrats with families, increased costs to the system. health care providers rather than gov- this so-called Independent Payment That is the other thing the President ernment bureaucrats deciding what is Advisory Board who will decide what said. Another broken promise was that the best health care for everybody. I hospitals will get paid for providing this health care bill would control want my doctor to decide. I want to be various services. So in small commu- costs. Recently, according to the Medi- part of that discussion. I do not want nities, the hospital may say: Well, we care Actuary—the person who cal- some government bureaucrat deciding can no longer offer that service. I have culates these costs—the estimate was what procedure is the only procedure heard my colleagues talk about the that national health spending would go that is acceptable for me. specific loss of the ability of hospitals up at least $311 billion over 10 years Mr. BARRASSO. It is interesting— to even stay profitable with some of under this plan. Now, that is not cost because I know the Senator goes home, the cuts, from taking $500 billion away control; that is $311 billion, almost as I do, very often to talk to many of from Medicare, again, not to save and one-third of $1 trillion in increases. the small business owners in the State strengthen Medicare but to start a Payment reductions to hospitals— of Missouri, as I do in Wyoming, and as whole new government program for the Senator from Wyoming mentioned Senator GRASSLEY does in Iowa—one of others. this board that will make these deci- the promises the President made is, he Those are the things we are dealing sions. I am not sure there will be said 4 million small businesses may be with and why, at townhall meeting enough people on that board who un- eligible for tax credits. Well, it turns after townhall meeting, people con- derstand rural hospitals and under- out that the key word there by the tinue to tell me they want this re- stand why it is critical that rural hos- President is ‘‘may’’—may be eligible. pealed and they want it replaced with pitals that are critical-care hospitals Even the fact that the White House patient-centered health care—not gov- continue to have different arrange- has sent out postcards to all these ernment-centered, not insurance com- ments with the government than oth- small business—the IRS spent over $1 pany-centered, but patient-centered ers do for the government-provided million of taxpayers’ money to send health care. That is what people are health care, such as Medicare and Med- out millions of postcards promoting asking for, and they get tired of all icaid. And if they understand that, the tax credit—the Treasury Depart- these broken promises the President there may not be enough people on the ment’s inspector general recently testi- has made. board who understand the unique needs fied that ‘‘the volume of credit claims I remember the President said he was of urban hospitals that have a heavily has been lower than expected’’—as a going to bring down the price of pre- uninsured population. matter of fact, only 7 percent of the 4

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3774 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 million firms the administration massive expansion of government American people and citizens of this claimed. power, and to its historic spending and Nation have their own obligation to Why? Well, because of the complexity tax increases, the President and his consider whether this law comports and the whole way the system was set congressional allies were determined to with our Constitution and principles of up, the President was able to talk big jam this bill through the Congress. limited government, and on that the and deliver very small. That is why so The architects of this strategy, if not verdict is already in. According to a re- many people are very unhappy with the the party loyalists who carried it out cent Gallup poll, 72 percent of Amer- claims in the health care law because against the wishes of their constitu- ican adults, including 56 percent of they know these promises have been ents, sleep easy at night having done self-professed Democrats, believe that broken. so, because they knew that this was a the law’s individual mandate is uncon- With regard to NANCY PELOSI’s fa- once-in-a-generation opportunity, the stitutional. mous quote—that first you have to crowning achievement of the liberal The average American who opposes pass it before you get to find out what bureaucratic state. A takeover of the this law on constitutional grounds is in it—that is why I come to the floor Nation’s health care sector and its top- might not be a law professor or an ap- every week with a doctor’s second down regulation by Washington had pellate advocate, but those citizens and opinion because it does seem just about eluded Democrats for over 70 years. taxpayers understand our Constitution every week we do learn some new unin- The economic downturn of 2008 was designed to guarantee liberty and tended consequence, something new changed that. With the election of that it did so, in part, by limiting the about the health care law and another President Obama and significant ma- powers of the Federal Government and reason why Americans are unhappy jorities in the Congress, the left was maintaining the sovereign powers of with it, why it remains as unpopular, if not going to, in the words of the Presi- the States. not more unpopular, today as when it dent’s Chief of Staff, ‘‘let a crisis go to They know the unconstitutionality was passed, and why so many people waste.’’ What this strategy meant in of ObamaCare runs far deeper than the believe the Supreme Court should find practice was that Democrats would ad- onerous individual mandate. The law this bill unconstitutional, for the rea- vance a radical liberal agenda whether is, at its core, a violation of our most sons that do have Americans at home the American people supported it or deeply held constitutional principles. in an uproar, and very unhappy that not. That is the anniversary we are ob- It undermines personal liberty and the government can come into their serving this week, and it is a dark spot puts more power in the hands of the homes and mandate that they buy a on our Nation’s history, in my opinion. Federal Government. In the interest of government-approved product and pay The Obamacare episode showed a fun- advancing what the left views as a con- for it or pay a fine. Nothing like this damental disrespect for the opinions stitutional right to health care, they has happened before, and people are, and constitutional common sense of undermine actual constitutional rights frankly, offended. the American people. Faced with grow- to life, liberty, and property. We do not know what the Supreme ing unrest and real concerns about the The law’s mandate for abortion-in- Court is going to do, but I know what impact of this law on families, the ducing drugs undermines sacred rights this body ought to do. This body ought economy, and access to health care, of personal conscience and religious to vote to repeal and replace this bro- the law’s proponents assumed that the liberty. ken health care law and get a health American people were too dumb to get Its expansion of Medicaid fundamen- care law in place which is what the it; that once Obamacare became law, tally transforms the relationship of the American people wanted, which is, the the American people would come to States to the Federal Government, un- care they need, from the doctor they love it, as well as the benefactors who dercutting the ability of those sov- want, at a price they can afford. gave it to them. That is what they ereign communities to make basic de- We have not seen that yet. But that thought. As Speaker PELOSI explained: cisions about the welfare of their citi- is why we are here on the second anni- We have to pass the bill so you can find zens by crowding out spending for po- versary of the President’s health care out what is in it. lice, infrastructure, and education. law, to continue to point out the flaws The great liberal conceit was on full The American people might not have of this legislation. Quite interestingly, display in the process that led to this submitted complex legal briefs in the when you take a look at some of the bill becoming law. We know better Supreme Court litigation, but their national poll numbers, for people who than you, they said. We can plan one- conclusions about ObamaCare possess a have talked to a health care provider— sixth of the American economy, and unique and powerful wisdom. The peo- whether that be a nurse, a doctor, a you will eventually come to like it. ple of Utah and the rest of this country physician’s assistant, a physical thera- Well, as we all know, the American understand the very DNA of pist, a nurse practitioner, no matter people had something else in mind. ObamaCare—a commitment to more who—they are even less supportive of They reminded Congress and the Presi- government control, the empowering of it than the general public. dent that in this country the people an already unaccountable administra- Mr. HATCH. Mr. President, this Fri- are sovereign. They stood up as free tive state, and an assault on free mar- day the Nation observes an anniversary men and women rejecting Obamacare kets—is unconstitutional. that most Americans would prefer to before it became law and refused to This was not what President Obama see removed from its calendar. I am embrace it afterwards. And as their un- promised the American people. The talking about the second anniversary derstanding of the law has deepened, President couched this government of the passage of the President’s health they have remained constant in their takeover of the Nation’s health care care law. Rather than celebrate this commitment to full repeal. According sector as a modest reform designed to day, it is one that citizens and tax- to a Rasmussen poll this week, over reduce costs. payers have come to rue and regret. half of Americans support the full re- When he spoke before a joint session The process by which Obamacare be- peal of Obamacare. of Congress in September of 2009 to came law was an affront to republican Next week, the Supreme Court will push for his plan, the President prom- principles of democratic self-govern- hear oral argument on the constitu- ised it would ‘‘slow the growth of ment. The substance of this law is an tionality of this misguided law. In ar- health care costs for our families, our historic threat to the liberties our Con- riving at their decision later this year, businesses, and our government.’’ stitution was designed to secure. they will consider Obamacare through The President swung and missed on A decent respect for the opinions of the prism of past precedents and the all three. According to the President’s the American people cautioned against Constitution’s original historic mean- own Actuary at CMS, national health passing this law on a purely partisan ing. But the Justices of the Supreme expenditures would increase by $311 bil- basis. Yet in spite of the clear opposi- Court are not the only ones evaluating lion over the law’s first 10 years. This tion of the American people to this the constitutionality of this law. The comes as no surprise to the American

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3775 people. The President’s health care law rich—would have to pay for it. and start marketing, we could not do promised all sorts of new free care. But ObamaCare exploded this myth. It is that. That is illegal. One of the Presi- we all know, contrary to the repeated the culmination of generations of gov- dent’s objectives in his jobs speech was assertions of President Obama and his ernment expansion, and it shows once to talk about these new opportunities, administration, nothing in life is free. and for all that we are all going to be and crowdfunding is one of them. He The bill will eventually come due for paying for the liberal welfare state. supports it. The House has done a simi- all this so-called ‘‘free care,’’ and it is Taxing Warren Buffet is not going to lar crowdfunding bill. We are actually taxpayers who will pay that bill. cut it. All American families will pay taking this crowdfunding opportunity According to the Congressional Budg- for this $2.6 trillion spending law one and putting a little bit more safeguard et Office, ‘‘Rising costs for health care way or the other. After centralizing in it. will push Federal spending up consider- control of the Nation’s health care sys- I think our bill is different—well, I ably as a percentage of GDP.’’ tem in Washington, DC, and putting know our bill is different than the This is not what the President and health care decisions into the hands of House bill in that the House bill does his allies promised. We were promised government bureaucrats, we will all not require that you actually are a lower costs. What we got were higher pay for it through higher taxes, less op- legal business or even some kind of in- costs, more Federal spending on health portunity, and diminished access to corporated legal forum before you try care and, with it, more taxes and more care. to issue stock. That bothers me some- debt. Our children are going to have to pay what in that you could have somebody When fully implemented, ObamaCare for it, as a nation conceived in liberty in their living room taking people’s authorizes $2.6 trillion in new Federal is increasingly burdened by an money and issuing stock with no check spending over 10 years. It will increase unsustainable national indebtedness; and balance, and I think that is impor- premiums by $2,100 for families forced that is, unless the American people get tant. by ObamaCare to purchase their own the final word on this. They certainly It also does not require that you offer insurance. Its Medicaid expansions will should. securities through an intermediary. impose $118 billion in new costs on the I believe in the American people. I You could put up your own Twitter States. know what my fellow Utahans think site: Buy shares is my great idea. Come It will increase spending on prescrip- about the President’s health care law. on and buy shares. tion drugs, physician and clinical serv- No less than legislators or Justices, All the experts agree that we would ices, and hospital spending. It will in- they take the Constitution seriously. need to require an intermediary, say, crease the deficit by $701 billion over They know this law is unconstitu- like an eBay, where the crowd can help its first 10 years. tional. They know what it does to free identify the good and bad players, the How does the President propose to markets and to free men and women. way that eBay uses identified bad sell- pay for this? Here is how: He will pay They know that if this law is constitu- ers on their site. for it by selling more Treasurys to tional, then there are effectively no But also, as I said, it allows invest- China. He will pay for it by increasing limits on what the Federal Govern- ments to take place that cannot be taxes and penalties by over $500 billion, ment can do. They know this law has done right now, and allows those enti- and American workers will ultimately to go. I look forward to showing it the ties, those groups, to take that money pay for it with 800,000 fewer jobs than door. and either use it as the investment would have otherwise existed. The PRESIDING OFFICER. The Sen- seed money to create those new ideas This is not the story the President or ator has used 30 minutes. and new jobs—as we know, startup the Democrats in Congress responsible Mr. BARRASSO. Thank you very businesses are the entities that are ac- for this law want the American people much, Mr. President. tually looking to create jobs at this to hear. So they will attempt to spin I yield the floor. point—and/or use that money as seed their way out of it. The PRESIDING OFFICER. The Sen- money to go to a more traditional In a memo obtained by the press last ator from Massachusetts is recognized. lender and say: Hey, we have a great week, the advocates of ObamaCare laid Mr. BROWN of Massachusetts. Mr. idea and we also have some money to out their strategy to sell the merits of President, I enjoyed the preceding pres- back it up, and we would ask you to this misguided law prior to oral argu- entation by the Senators dealing with sign on with us. ments at the Supreme Court. issues surrounding health care. I think I am hopeful the amendment comes This week was designed to lay out all it is a very relevant discussion we need up. I understand it is. I am looking for- the great things provided by to all pay attention to. ward to having that very important ObamaCare. But, naturally, that memo AMENDMENT NO. 1884 vote. I would appreciate, obviously, the mentions absolutely none of the costs. I want to talk on two issues today. I Presiding Officer and everyone else giv- It doesn’t mention the cost of these will start first with the crowdfunding ing strong consideration to that. benefits for Federal taxpayers. It amendment that has been offered by REAUTHORIZATION OF THE VIOLENCE AGAINST doesn’t mention the costs for employ- Senators BENNET, MERKLEY, and me— WOMEN ACT ers and workers. It doesn’t mention something we have been working on in Mr. President, I wish to shift gears that the law could lead to as many as a truly bipartisan manner, as it should for a minute and talk about the Vio- 20 million Americans losing employer- be done here, and as I do many of my lence Against Women Act. As we sponsored health benefits by 2019. It actions. know—you may not know—Jessica doesn’t mention the impact the $1⁄2 tril- For those of you who may be listen- Pripstein of Easthampton, Lisa Stilkey lion in tax increases and penalties will ing either up in the gallery or on tele- of Douglas, Belinda Torres of Worces- have on the economy, and it doesn’t vision, crowdfunding is an opportunity ter, Kristin Broderick of Haverill, Pa- mention the harm this law does to our for individuals to invest money up- tricia Frois of Marshfield, Edinalva Constitution and its principles of re- wards of $1,000, upwards of $1 million Viera of Brighton, Milka Rivera of publicanism, personal liberty, and lim- total—so $1,000 per person, totaling $1 Lawrence, Nazish Noorani of East Bos- ited government. million—not dealing with a lot of the ton, Casey Taylor of Winthrop, Alessa I wish I could say I was surprised, but traditional SEC filings that are in Castellon of Roslindale, Lauren Astley I am not. ObamaCare is merely the place and a lot of the other problems in of Wayland, Michael Trusty of capstone to a generations-long liberal which only very wealthy people in Edgartown, Janice Santos of Worces- project that has attempted to convince years past have been able to partici- ter, Beth Spartichino of Easton, Son citizens that they can have their cake pate in these types of offerings. Tran of Lowell, Jettie Lincoln of Plym- and eat it too. They can have all the For example, right now, if I had a outh, David Walton of Tauton, Elaine benefits of an ever-expanding welfare good idea, and I wanted some of my McCall of Wakefield, Jennifer state, and nobody—or only the very friends to invest in it, and then we go Freudenthal of Webster, Brian

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3776 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 Bergeron of Malden, Lancelot Reid of arms in support of our enforcement and not alone in this fight. We need to do Dorchester, Joel Echols of Springfield, victims against perpetrators of domes- everything in our power to help the Maria Avelina Palaguachi-Cela of tic violence. It was a glimmer of hope millions of women like my mom who Brockton, Troy Burston of Medford, for an otherwise contentious and over- were once in this situation and are now Joseph Scott of Worcester, and Aderito ly partisan atmosphere. I have to tell survivors. And we need to help them Cardoso of Brockton—are constituents you—this is not the first time I have become survivors, not victims. So I call of mine who have been killed by their said this—but there is no Democratic upon my colleagues to join me in send- husbands, wives, partners, girlfriends, bill that is going to pass, there is no ing a very strong bipartisan vote and or boyfriends in domestic violence inci- Republican bill that is going to pass, get this done. dents in 2011 and 2012 alone, and it is for those listening. It needs to be a bi- Mr. President, I yield the floor and only March of this year. partisan, bicameral bill that the Presi- suggest the absence of a quorum. It is unacceptable. The loss of those dent will sign. The PRESIDING OFFICER (Mr. lives is tragic. But in addition to the I have been deeply troubled to see CARDIN). Will the Senator withhold his people who have lost their lives, the that this year’s reauthorization has be- request? lives of the victims’ children, families, come, once again, partisan. There is no Mr. BROWN of Massachusetts. Yes. I and friends have been destroyed. I reason for it. There is no excuse for it. am sorry. I did not see the Senator. know because I was a victim of domes- We just did the Hire a Hero veterans The PRESIDING OFFICER. The Sen- tic violence. As a child, I watched as bill, we did the 3-percent withholding, ator from California. my mother was beaten by abusive step- we are doing the insider trading, we did Mrs. FEINSTEIN. Mr. President, I fathers. I did what I could to protect the highway bill. There is no reason we thank the distinguished Senator from my mom and my sister, but as a young cannot do the VAWA bill on a com- Massachusetts for his remarks in sup- boy there was only so much I could do. pletely nonpartisan basis. port of the Violence Against Women I remember vividly being a 6-year-old I am on the floor today to call on my Act. I believe the bill will be before us boy going to protect my mom and get- colleagues to band together and pass shortly. We will count on Senator ting beaten on until the police came. It this reauthorization and send a very BROWN’s vote. So we look forward to is something that still lives with me, strong signal to Americans that the that. and I try to use that experience and Senate—yes, the Senate—stands united TRIBUTES TO SENATOR BARBARA MIKULSKI knowledge to help in many different in recognizing victims from across the Mrs. FEINSTEIN. Mr. President, I ways. country, to give them the help they When I was growing up, quite frank- rise today to pay tribute to a public need and, obviously, deserve. servant, a social worker, and a tena- ly, there were not the resources that In Massachusetts, VAWA is sup- are available to victims today. I wish cious advocate for vulnerable Ameri- ported by law enforcement and many my mother had known back then that cans. I rise today to honor a trailblazer service providers that are on the front she was not alone. I wish she could and a mentor for me and countless oth- lines in assisting domestic violence have used one of the fantastic support ers. I rise today to honor an out- victims. I know. Previously, as an at- providers that now exist in Massachu- standing U.S. Senator from Maryland torney, I dealt with family law mat- setts today. Since being elected to the and the dean of the Senate women, my ters. I know of the yeoman’s work Senate, I have been moved by the orga- friend BARBARA MIKULSKI. these entities do. nizations in my State that are stepping I am privileged to have represented On Friday, I will be visiting Voices to the plate—and continuously step to California in this body for almost 20 Against Violence in Framingham, MA. the plate each and every day—to pro- years. When I first ran for the Senate, They receive VAWA funding to support vide support to victims of domestic vi- back in 1992, I received a call from BAR- direct services to victims and survivors olence. BARA MIKULSKI, personally urging me Quite frankly, as a government, we of sexual assault and ensure that a on and reaching out to provide encour- have made tremendous progress in trained rape crisis counselor is avail- agement. helping victims get their lives back in able after hours and on weekends. I have relied on her advice, her order—not only the victims themselves The YMCA in central Massachusetts friendship, and the Mikulski brand of but the family members of those vic- in Worcester uses those funds for a candor ever since. As a matter of fact, tims. proactive program that has service pro- one of my fondest evenings was a The Violence Against Women Act viders working very closely with law three-onion martini right down the was first signed into law in 1994, as you enforcement to provide information to street. know, and made a bold statement that domestic violence victims and advo- It is hard to believe, but when Sen- we would redouble our efforts to sup- cate on their behalf—at a time when, ator MIKULSKI took office in 1987, there port law enforcement efforts to crack quite frankly, these folks need advo- was only one other woman in this down on offenders and assist those cates. body, Senator Nancy Kassebaum, later working in our communities to provide Because of VAWA, REACH Beyond Nancy Kassebaum Baker, the great Re- assistance to victims seeking a new life Abuse in Waltham has supported many publican Senator from Kansas. Increas- away from the violence they had been cutting-edge prevention efforts with ing the number of women in the Senate subjected to. teens and the placement of advocates has been painfully slow. In 1991, the In each reauthorization we have im- in police departments as a symbiotic, a ranks of women in this body rose to proved upon the previous bill and made give-and-take relationship in those de- three, then later to seven after the 1992 it stronger and made stronger commit- partments. election. Today we have 17 women in ments to those who have been abused. The Jeanne Geiger Crisis Center in this body and 76 in the House. As Sen- Now is not the time—let me repeat: Newburyport, where my dad lives, used ator MIKULSKI reflected in the Wash- now is not the time—to take our foot VAWA funds to establish a high-risk ington Post last year: off the gas and avoid dealing with this homicide prevention project and was Women were so rare even holding state- problem. recently recognized by the White House wide political office [back then] . . . I was The landmark Violence Against for their work. greeted with a lot of skepticism from my Women Act must be reauthorized this I could go on and on and on about the male colleagues. Was I going to go the celeb- year. I am incredibly proud to have co- tremendous involvement and great or- rity route or the Senate route? I had to work sponsored this reauthorization when it ganizations not only in my State but very hard. first came to my attention. I believe it throughout this country that are mak- And she has. BARBARA has worked makes critical commitments against ing a difference in the lives of victims. very hard to become an outstanding this horrific problem. We need to stand as a body and not get legislator and a trailblazing public offi- Historically, VAWA has been a bipar- into party rhetoric, and declare to cial. Let me list a few of her firsts. She tisan effort, where both parties locked women across America that they are was the first female Democrat to serve

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3777 in both Chambers of Congress—that in unique talent and nothing else in the work- single American in this country. I have itself is impressive—the first female place. Once you get a job because of your a tremendous amount of profound re- Democrat to be elected to the Senate skill and talent, you better get equal pay for spect for Senator MIKULSKI and what without succeeding her husband or her equal work. she has been able to accomplish. father; the first woman to chair a Sen- Or, in a manner that best captures Let me mention one thing. Back in ate appropriations subcommittee; the BARB’s candor, she said, ‘‘Women of the early 1990s, she and I worked to- first woman to serve a quarter century America, square your shoulders, put on gether on what was called the FDA Re- in the Senate; and the first woman ele- your lipstick, suit up, and let’s close vitalization Act. That act was a very vated to a Senate leadership position. that wage gap once and for all.’’ To me, important one, because we had the She is the only current Member of that is classic BARBARA MIKULSKI. FDA spread out all over the Greater Congress in the National Women’s Hall Let me close with a story. Every so Washington, DC, area, probably 30, 35 of Fame. And she is not done yet. Just often at BARBARA’s leadership, the Sen- different offices, some of which were in last week, BARB achieved another his- ate women get together for dinner. converted chicken coops. It was ridicu- toric first. According to the Senate There is no agenda or staff, just Repub- lous to have these top scientists in Historical Office, she reached 12,858 lican women, Democratic women, and a anything but a centralized location days of service, becoming the longest lot of lively conversation. We talk with top computerization and all of the serving female Member of Congress in about our families, we talk about the other scientific instruments they need our Nation’s history. workplace, we talk about the world, to do this work for the American peo- Senator MIKULSKI was born and and, of course, we even talk, to some ple. I have to say that BARBARA MIKUL- raised in Baltimore. Determined to extent, about this place. Sometimes we SKI played a pivotal role in helping to make a difference in her community— enjoy Senator MIKULSKI’s world-fa- develop that tremendous facility. I and you know that well, Mr. Presi- mous crab cakes, the best you will ever want you to know that I do not think dent—and guided by her Catholic belief taste, and second only to the Dunge- it would have been developed without and a belief in social justice, she be- ness crab of the west coast, I might her effort and her dogged work to make came a social worker, helping at-risk add. If you have not, make sure you try sure that we now have a centralized— children and educating seniors about the recipe on her Web site. We talk and it still needs improvement but cen- Medicare. She once said, ‘‘I feel that I about our families and the way we can tralized FDA campus that literally is am my brother’s keeper and my sister’s work together. It is a throwback to the saving the lives of millions of people keeper.’’ Social work evolved into com- civility of the Senate. These dinners and making the lives of millions of munity activism when BARB success- are when BARB really stands out as the people better. fully organized communities against a dean of Senate women. I could go on and on. But I have a lot plan to build a highway through Balti- Women in this country have always of respect for my distinguished col- more’s Fells Point neighborhood. had to fight for the most basic of league from Maryland. I would feel Shortly thereafter, in 1971, she was rights. I think young women forget badly if I did not get up and tell people elected to the Baltimore City Council that it was not until 1920 that we were how much I do respect her. She be- where she served 5 years. That was able to vote in this country, and it was lieves in what she does. She loves this about the time I was elected to the only because women fought for it. body, most of the time, I think. And Board of Supervisors in 1970 in San BARB will be the first to say her mile- she cares for her follow Senators. We Francisco. In 1976, she ran for Congress stones are symbols of how far she has care for her. I want her to know that. and won, representing Maryland’s 3rd come. But she will also show us how The PRESIDING OFFICER. The Sen- District for a decade. She was then much farther women have to go. ator from Illinois. elected to the Senate and has won re- Today we take it for granted that a Mr. DURBIN. Mr. President, I rise to election in 1992, 1998, 2004 and 2010 by woman can be Secretary of State—we join my colleagues in honoring our large majorities. have had two—or Speaker of the friend and colleague who is often re- As I said, BARB is an accomplished House—we have had one or a candidate garded as the dean of the women in the legislator. She is also one of the very for President. Not quite yet. Oh, no, I Senate, BARBARA MIKULSKI. best. She cares passionately about take that back. We have had one. And Earlier this week Senator MIKULSKI quality education and ensuring every one day soon, a woman will sit in the added to her already long list of ac- student has access to higher education. Oval Office of this great country. When complishments the distinction of being She is a fighter for stem cell research she does, she will owe a great deal to the longest serving female Member of to cure our most tragic and debili- BARBARA MIKULSKI. Congress in the history of the United tating diseases. She is a tireless advo- But on this day, let the CONGRES- States of America. cate for the National Institutes of SIONAL RECORD of this Senate reflect Senator MIKULSKI’s life is a story of Health. And she is a leader on women’s and forever record that Senator BAR- the American dream. Raised in a work- health, writing law requiring Federal BARA MIKULSKI is the longest serving ing-class immigrant family in the east standards for mammograms, and a woman in the history of the United Baltimore neighborhood of Highland- fearless proponent of breast and cer- States Congress, and this country is town, Senator MIKULSKI learned at a vical cancer screenings and treatment forever better because of it. young age about the struggles of work- for uninsured women. I yield the floor. ing families and ethnic Americans and We serve together on the Intelligence The PRESIDING OFFICER. The Sen- the value of paying it forward. Committee. She asks some of the most ator from Utah. She helped at her father’s grocery prescient questions. I have seen her Mr. HATCH. Mr. President, I came store, which opened early in the morn- commitment to the FBI, to fighting here to talk on another matter, but I ing so that steelworkers could buy terrorism, and also to cybersecurity wish to take a few minutes to talk lunch before their morning shift. She where she headed a task force for our about my friend BARBARA MIKULSKI. delivered food to seniors and families committee that has resulted in the cy- We have served a long time together. when parts of her neighborhood were bersecurity legislation newly pending. When she came to this body, I think I set on fire after the assassination of Finally, she has led the way to may have been chairman of what was Dr. Martin Luther King. At one point strengthen pay equity for women. The then called the Labor and Human Re- she even rode on the top of a tank to Lilly Ledbetter Fair Pay Restoration sources Committee, now the Health, deliver the groceries. Act is the law of the land today be- Education, Labor and Pensions Com- Senator MIKULSKI’s roots helped cause of BARBARA MIKULSKI’s effort. As mittee. shape her role today as a mentor, fight- BARB said when we passed the bill: From the day she got on that com- er, and true public servant. She worked I believe that people should be judged sole- mittee, she made a difference in every as a social worker for Catholic Char- ly by their individual skills, competence, way, not just for women but for every ities, helping at-risk children and

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.000 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3778 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 counseling seniors on Medicare. She in 1987, she has fought an uphill battle The assistant editor of the Daily Di- had her start in politics as a commu- to address the most important issues of gest proceeded to call the roll. nity organizer and social worker. national importance. Mr. REID. Mr. President, I ask unan- In 1970—one side of BARBARA MIKUL- First and foremost for her is her fam- imous consent that the order for the SKI her colleagues have certainly seen ily, next is her great State of Mary- quorum call be rescinded. is her dogged determination—she orga- land. She is a fearless advocate, and I The PRESIDING OFFICER. Without nized Marylanders to stop a 16-lane know the Presiding Officer knows that objection, it is so ordered. highway project that would have better than most as her colleague from Mr. REID. Mr. President, the hour of threatened Fells Point and another that great State. 2:30 having arrived, it is my honor and neighborhood in Baltimore. She got the She has supported educational initia- my pleasure to rise to honor a patriot, job done. Many people say that work tives, veterans causes, interstate com- a pioneer, and now the longest serving helped to save Fells Point and the merce, access to health care and wom- woman in the Congress of the United Inner Harbor, two of the showcase en’s health and fair pay. States ever, and that is the senior Sen- areas in the great city of Baltimore. The Chair knows the answer to this ator from Maryland BARBARA MIKUL- She gave a speech at Catholic Univer- question, but some of those listening to SKI. sity to a Catholic conference on the the debate might not. What was the BARBARA and I served together in the ethnic American. It caught the atten- first bill that the newly elected Presi- House, and we came to the Senate to- tion not only of people in Baltimore dent Barack Obama signed in the gether in 1986. I remember that day so but far beyond its reach as she talked White House with a public ceremony? well, when we had our first appearance about her family story and the story of It was a bill BARBARA MIKULSKI pushed in the Senate as new Senators. It was millions just like her. hard for, the Lilly Ledbetter Fair Pay quite a moving event for me. But one One year later, she ran for and won a Restoration Act, so women going to of the events I remember about that seat on the Baltimore City Council— work all over the United States—not day is the presentation of Senator MI- the first step in her now 41-year career just in the Senate—would get a fair KULSKI. in public service. shake when it comes to the compensa- We all said a word or two, and every- Over the course of the Senate’s 223- tion for the jobs they did. It was Presi- thing we said will be long forgotten. year history, there have only been 38 dent Obama’s first bill. When he signed But what BARBARA MIKULSKI said, in female Members; the first, Rebecca it, the very first pen he handed over to the way she has of saying things, will Latimer Felton, of Georgia, was ap- Senator BARBARA MIKULSKI. I was not be forgotten. pointed for political reasons to fill a there and I saw it. Here is this woman who is not even vacancy, and she served only a single Championed by Senator MIKULSKI, as tall as my wife, who is 5 feet tall, day in 1922. the long-awaited and much needed bill but she said, ‘‘I slam-dunked Linda Senator MIKULSKI has so many firsts clarifies time limits for workers to file Chavez,’’ her opponent. That said it all. in her story of public service. She was unemployment discrimination law- That was the beginning of my work- the first woman elected to the Senate suits, making it easier for people to get ing closely with this good woman. She in her own right—the first—and not be- the pay they deserve regardless of race, has been a friend, an inspiration to me cause of a husband or father or some- age or gender. in so many different ways in the time one who served before her in higher of- I wish to start here—but I don’t know we have served together. When we got fice. She was the first woman Demo- where I would end—to talk about the on the Environment and Public Works crat to serve in both Chambers of Con- important issues she has worked for. Committee, she was here, and I was gress—the first. Last year, she was in- Let me talk about health care for a here. She was always ahead of me in se- ducted into the National Women’s Hall minute. When we set out to pass this niority because of her longer service in of Fame for her trailblazing political historic affordable health care act, the House. On the Appropriations Com- career, including, with this recognition BARBARA was assigned the job to make mittee, for more than two decades, I today, becoming the longest serving sure it connected with the families and was here, she was here. She was always woman Senator in the history of our workers across America in a very real one ahead of me. Nation. way, to make sure that at the end of BARBARA was the first Democratic Given her years of experience, it is no the day we weren’t talking to ourselves woman elected to the Senate in her wonder other Members of Congress or engaged in political gibberish but own right. Last year, she surpassed the have turned to her for guidance, men passing a law that could literally legendary Margaret Chase Smith of and women alike. change a life for the better. She led Maine as the longest serving woman in I can recall so many meetings of our that effort and made invaluable con- the history of the Senate. On Saturday, Democratic caucus when, after a long tributions to the substance of that bill. she officially surpassed Congress- debate involving many people saying We knew those provisions would be woman Edith Nourse Rogers of Massa- many things, BARBARA MIKULSKI would important and that they would work chusetts, who, by the way, served in stand and, in a few terse words, get it because we knew where BARBARA MI- the House from 1925 to 1960 as the long- right. At the end of the day people KULSKI came from and we knew where est serving woman in the history of the would say: That is what we ought to her political heart resides. While it is a Congress. do. She has this insight based on her milestone to celebrate Senator MIKUL- Senator MIKULSKI’s service—and the life experience and her ability to try to SKI’s distinction as the longest serving service of many female Members of peel through the layers of the political woman in the Congress, there is a Congress—has paved the way for girls onion and get to the heart of the issue. much greater cause for celebration; of today to know they can become Sen- Following the election of a number of Senator MIKULSKI’s decades of service ators, they can become professional esteemed women into the Senate, a lot to this Nation is an admirable feat for basketball players, and they can be en- of reporters deemed 1992 as ‘‘The Year any man or woman. gineers and doctors. The sky is the of the Woman.’’ Senator MIKULSKI’s re- I extend my congratulations to my place they need to go, and that is sponse was so typical and so right. This colleague and friend Senator MIKULSKI where they believe they can go because is what she said: for this milestone. Thank you for what of the work that has been done by BAR- Calling 1992 the ‘‘year of the woman’’ you have done for the Senate, for the BARA MIKULSKI. makes it sound like the ‘‘year of the car- State of Maryland, and for our great When I came to the Senate with her, ibou,’’ or the ‘‘year of asparagus.’’ We are Nation. she was the only woman who served in not a fad, a fancy, or a year. I yield the floor and suggest the ab- the Senate as a Democrat. There was That was typical BARBARA. Senator sence of a quorum. one other Republican at the time. Now, MIKULSKI rises above and beyond all The PRESIDING OFFICER. The since then, Mr. President, I have that. From her first days in the Senate clerk will call the roll. watched very closely on this side of the

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We people of Poland started a fledgling lit- in this great country of ours, in three gen- recognize BARBARA’s achievements tle group called Solidarity—a move- erations, I joined the United States Senate. today and her outstanding record as a ment to engage in nonviolent resist- It was a remarkable feat for her. But, tireless advocate for the State of Mary- ance against communism and in sup- more importantly, it was a confirma- land. She grew up in the Highlandtown port of social change. tion of the American dream. For BAR- neighborhood of east Baltimore. She Senator MIKULSKI and I had the won- BARA, what began as community activ- learned the value of hard work by derful pleasure of traveling under the ism, a fight against a highway, grew working in and watching her dad, espe- guidance of a trip led by John Glenn— into a successful career in public serv- cially, open that family grocery store a world famous man then and now. It ice. and work from early in the morning was a wonderful trip for a couple of I just want to add a side note, Mr. until night. He sold lunch to steel- new Senators. The Iron Curtain was President, and talk about something workers and other people who came by down, and it was down hard, but we very personal to me. When Senator that little grocery store. went to Poland on a codel. I can re- David Pryor got sick, he was the In high school she was educated by member we had the opportunity to Democratic conference secretary in the the nuns at the Institute of Notre meet with members of the Solidarity Senate. That opened up a spot in the Dame. She credits the nuns with in- movement. We met in secret with Senate leadership. That was something stilling in her faith and a thirst for jus- them, in a secret location, and Senator I thought would be interesting to me. tice. She went on to study at Mount Glenn talked, Senator Stevens, then a It was known who was interested in Saint Agnes College, which is now part senior member of the Senate at the filling that spot, and I knew BARBARA of Loyola College in Maryland. She time spoke, and I said I would like to was interested. I went to BARBARA and said: BAR- earned her master’s degree in social hear from Senator MIKULSKI. BARA, if you want it, it is yours. Two work from the University of Maryland. Now, Mr. President, I am not articu- years later, Wendell Ford decided he BARBARA was a social worker and has late enough to explain the presentation was going to retire. He was the whip. I always been proud of the fact that she she made extemporaneously, but this can still remember that morning walk- has been a social worker. She was em- powerful woman stood and talked ing from the Hart Building over to the ployed by Catholic Charities and the about her heritage and her religion and Russell Building, in that long walkway City of Baltimore’s Department of So- what that meant to the people of there, and I saw BARBARA MIKULSKI. I cial Services. I can imagine what a dy- America and what it should mean to the people of Poland. It was truly—and didn’t say a word to her. namo she was—and she still is. There is She said: I want to talk to you. She I have told her this personally over the no work harder than being a social said: You supported me when I wanted years on several occasions to remind worker. The problems one sees and has to be the conference secretary. You her—one of the most heart-warming, to deal with are extremely difficult. want to be the whip, I am supporting stirring speeches I have ever been During her years as a social worker, you. But for BARBARA MIKULSKI, I she was a powerful voice for children present to listen to. She spoke to the would not have had that leadership po- and seniors in need of an advocate. people assembled there—there weren’t sition. Once the Democratic caucus many of them—as a fellow activist. She BARBARA MIKULSKI then and now is an knew BARBARA MIKULSKI supported me, advocate. It was there the spark for spoke as an American of Polish descent it was all over. I won. And I won be- service and activism was lit, but it was and a fellow Catholic. She spoke as one cause she came to me, as she did that a plan to build a 16-lane highway that of them. When that presentation was morning. fanned the flames that had been lit by completed, everyone knew she was one So, Mr. President, my respect, admi- her activism. of them. ration, and love for this woman is dif- The highway would have gutted his- It took almost a decade for the Soli- ficult for me to describe, but it is toric Fells Point, a neighborhood that darity movement to strike victory in there. BARBARA MIKULSKI ran for Con- she believed should have been pro- Poland, and I know Senator MIKULSKI’s gress and won after serving on the city tected. It would have uprooted home- speech was not the reason, but I guar- council of Baltimore for 5 years. She owners in a majority African-American antee you it was one of the reasons represented Maryland’s Third District neighborhood. She organized the resi- they had the audacity and the courage for 10 years before winning the seat in dents of Fells Point and Baltimore’s to proceed as they did. the Senate she now holds. Inner Harbor and stopped the construc- Remember, Poland was an inter- Again, I appreciate all she has done tion of that highway. esting country. It was the only country for me—so many different things she That is a testament to the power of behind the Iron Curtain where the has done for me. As a very able mem- democracy that she believes in with all Communists could not destroy their ber of the Appropriations Committee her soul. Looking back on that tri- educational system, and that was be- and somebody who loves this institu- umph, Senator MIKULSKI said: cause of the strength of the Catholic tion, I am in awe of the legislative I got into politics fighting a highway. In Church in Poland at that time. Solidar- record of this amazing woman. other countries, they take dissidents and put ity’s victory in Poland inspired a She has been a dedicated representa- them in jail. In the United States of Amer- stream of peaceful anti-Communist tive not only for the State of Maryland ica, because of the First Amendment, they revolutions that eventually caused the but the State of Nevada. One thing she put you in the United States Senate. God fall of communism entirely all over did for me—and there have been a lot bless America. Eastern Europe. of them—when we were new Senators She has always been an advocate for BARBARA’s Polish ancestry and the and she was on one of the subcommit- the disenfranchised and disadvantaged Polish community in which she grew tees of the Appropriations Committee in this country, but she has also been up in Baltimore were very important concerning veterans benefits and af- an advocate for dissidents in other to her, but I never knew it until that fairs, as a favor to me she traveled to countries, of whom she has spoken so moment in Warsaw with those few Reno, NV, to look at an old veterans eloquently on so many occasions. Her members of Solidarity who were as- hospital. She went through it and said: family was Polish. She has heard all sembled to honor us. This is not the way a veterans hospital the Polish jokes, and she has withstood Her great-grandmother had come should be, and I, BARBARA MIKULSKI, a little of the ‘‘barbs’’ when neighbor- here from Poland with just a few pen- am going to change it. And she did.

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But for BAR- model and a mentor to many of these ior Senator from Maryland, Senator BARA MIKULSKI the National Institutes women. To put this in perspective: MIKULSKI. I want to make sure every- of Health would not have a center for When she first arrived in the Senate, body has their opportunity. Are we op- women. She got a little upset when she there weren’t any natural mentors to erating under a consent order? learned they had done a study of the ef- teach her the ways of the Senate. At Mr. REID. Yes. fect of aspirin on people’s hearts and the time, even the Senate gym was off The PRESIDING OFFICER. The con- sent order to this point has Senator she realized they had tested 10,000 peo- limits. A lot has changed since then, CARDIN, followed by Senator BOXER, ple and they were all men. and BARBARA had a lot to do with it. I had a situation that arose in Ne- Later, as more women were elected and then Senator HUTCHISON. Senator vada about at the same time where to the Senate, BARBARA worked with KERRY is asking to be recognized. Mr. KERRY. I believe he included my three women came to me who had them to help them understand the Sen- name for 10 minutes at the same time. something called interstitial cystitis, a ate and how best to be an effective Sen- Madam President, I believe Senator devastating, debilitating, painful dis- ator, both here and back home. She REID included my name in that list for ease that is described as running sliv- wanted to give back. Most importantly, regardless of 10 minutes—I ask unanimous consent. ers of glass up and down your bladder. The PRESIDING OFFICER. Without It was said to be a psychosomatic dis- party or issue, BARBARA would push her female colleagues in the Senate to objection, it is so ordered. Senator ease. These women had nowhere to go. KERRY will be added, and a complete I talked to BARBARA MIKULSKI about think differently, encouraging them to think of themselves as a force—a force list will be put together. this, and now 40 percent of these Mr. CARDIN. Madam President, I am women have medicine that takes away of good and, oft times, a force for change. I know many are grateful not glad we could get that straight. their symptoms totally. Let me first thank all of our col- only for BARBARA’s leadership and I could go on here a long time, as ev- leagues who are here to pay honor to courage but for her willingness to take eryone can see. But I do it because I the senior Senator from Maryland, the time to share her experiences with congratulate BARBARA on this mile- Senator MIKULSKI. stone, which is so important to me and them. I don’t want to just be a first, This is March Madness in basketball. the Senate, and to tell her how much BARBARA once said. I want to be the Sweet 16 is starting. We are very proud Nevada appreciates her. It is not just first of many. in Maryland of our Lady Terps. They In 35 years, nearly 13,000 days as a for Maryland. She has done things for are in the Sweet 16. But I want you to Member of Congress, BARBARA has been the entire country. know that we are all getting our fan- a champion of the space program, I wish her well for years to come. science research, welfare reform, major tasy teams, and I want Senator MIKUL- The PRESIDING OFFICER. The Re- transportation, homeland security, and SKI on my fantasy basketball team be- publican leader is recognized. environmental issues in Maryland. cause she is a true leader, she under- Mr. MCCONNELL. Mr. President, it is I wish to recognize BARBARA not only stands the importance of working to- my honor to be here this afternoon to for the tremendous accomplishment as gether, and she is a winner. extend, on behalf of the Republican the longest serving female in the his- We are proud of her roots in Mary- Conference of the U.S. Senate, our re- tory of the United States in Congress land. She is the great-granddaughter of spect and admiration for the senior but also for all of her many accom- Polish immigrants who owned a bak- Senator from Maryland on achieving plishments in the House and the Sen- ery. She began her public service in this important milestone. ate. As she once said herself, it is not high school, where she helped deliver I am sure she would be the first to how long you serve, but it is how well groceries to seniors who were locked in tell you that becoming the longest you serve. their apartments and she helped the serving woman in the Congress wasn’t I wish to recognize BARBARA for the homebound seniors get the food they easy. A life in public service is filled pioneering model she has been to so needed. She went to the University of with many highs and lows. But BAR- many women in her distinguished ca- Maryland School of Social Work be- BARA is nothing if not both tough and reer. cause she wanted to be a social worker. resilient. Congratulations, Senator MIKULSKI. She wanted to help other people. She BARBARA would point to her upbring- The PRESIDING OFFICER (Ms. STA- knew that she was good at that and she ing as the daughter of a Baltimore gro- BENOW). The majority leader. could make a difference in people’s cer, where she learned firsthand how Mr. REID. Madam President, Senator lives. She worked for Catholic Char- hard work, honesty, and determination MCCONNELL and I have tentatively ities and dealt with children at risk can lead to a successful and rewarding worked out something so we will have and helping seniors with Medicare. life. She later learned, while fighting a votes tomorrow, not today. That being As you have heard from several of my freeway that would have destroyed sev- the case, we are not under a crunch for colleagues already, she gained her rep- eral Baltimore communities, including time here today. utation by taking on a highway that her own, that if you fought hard We have a number of Senators here was scheduled to be built that would enough for something you believed in, who wish to say something regarding have gone through Canton and Fells you too can make a difference. So if Senator MIKULSKI, and I wish to set up Point, disrupting a neighborhood in you knew BARBARA back then, it an orderly time to do that. So I ask Baltimore. This was a 16-lane highway. wouldn’t surprise you we are honoring that Senator MIKULSKI be recognized. It was considered to be a done deal; it her today. Following that, we have Senator was going to happen. The powers that Last year, when Senator MIKULSKI CARDIN to be recognized for 10 minutes; be said we are going to have a highway became the longest serving female Sen- Senator BOXER, 10 minutes. Senator coming through downtown Baltimore. ator, she said she never saw herself as KAY BAILEY HUTCHISON has been here The powers to be did not know BAR- a historical figure. To me, BARBARA since before anybody else. So following BARA MIKULSKI. That highway never said, history is powdered wigs and Jane Senator BOXER, I ask that she be recog- happened. Senator MIKULSKI stopped Addams and Abigail Adams, both pio- nized. And Senator GILLIBRAND? that highway from being built. neers in their own right. Mrs. GILLIBRAND. At the conclu- She then went on to serve in the Bal- However, BARBARA is a pioneer. She sion of my colleagues’ remarks, 3 min- timore City Council with great distinc- is only the second woman to be elected utes. tion. Then in 1976 she was elected to

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the Congress for the Third Congres- Senator MIKULSKI has been critically Congratulations. Your colleagues sional District, a seat that was vacated important to America’s space program. here want to express our love and re- by our esteemed colleague Paul Sar- I have been with her many times at spect and admiration for your incred- banes, who then came into the Senate, Goddard and seen firsthand the results ible service. and BARBARA MIKULSKI followed in the of her advocacy and what it has meant. The PRESIDING OFFICER (Mr. great tradition of Senator Paul Sar- The Hubble space telescope is another MERKLEY). The Senator from Cali- banes. In 1986, when Senator ‘‘Mac’’ legacy of which Senator MIKULSKI can fornia. Mathias’s seat became vacant, Senator be rightly proud. Mrs. BOXER. Mr. President, what an BARBARA MIKULSKI was elected to the We in Maryland are also proud to incredible milestone Senator MIKULSKI Senate. house NSA, the National Security has reached. The words of her col- She has many firsts: The first female Agency, with its new mission with the leagues and the love they feel for her Democrat elected in her own right to cyber command located in Maryland. are coming through. It is a wonderful serve the United States Senate. At the Senator MIKULSKI, as Senator FEIN- thing for me to be part of this tribute. time she was elected to the Senate, she STEIN pointed out, has been one of the I don’t know how many Senators would was only one of two female Senators. real leaders on national security have the Governor of their State here— Today, we have 17 female Senators in issues. We can’t issue press releases on Your Honor; and the former distin- the Senate in large part because of this. She is a member of the intel- guished, incredible Senator Paul Sar- Senator BARBARA MIKULSKI. I know the ligence committee. She works behind banes is here. That in itself, Senator Presiding Officer was part of that ex- closed doors to keep us safe. But we all MIKULSKI, is testimony to your status pansion. You will hear how Senator MI- know that she is one of the key leaders among all of us. So many of us are here in the Senate KULSKI was not only a role model and in this Nation on national security an inspiration but an incredible help to issues. because BARBARA MIKULSKI knocked get more women elected to the Senate. We know about pay equity and the down the barriers one by one—the first Last year we joined in this body to Lilly Ledbetter law, the first bill Democratic woman ever elected to the Senate in her own right, the first celebrate Senator MIKULSKI becoming signed by President Obama. It was Sen- woman to serve in both Chambers, the the longest serving woman in the his- ator MIKULSKI’s leadership that got tory of the Senate, surpassing Mar- that bill to the President’s desk, recog- longest serving woman in the Senate. Now she has made history once again. garet Chase Smith from the State of nizing that we are still not where we This past Saturday, after 12,858 distin- Maine. Then on this past Saturday, on need to be on gender pay equity in guished days of service, no other St. Patrick’s Day, she became the long- America. est serving woman in the history of the In our region, the Chesapeake Bay is woman in history has served in Con- gress longer than Senator MIKULSKI— Congress, replacing Edith Nourse Rog- center to our way of life and our econ- ever. ers from Massachusetts who served, as omy. Senator MIKULSKI has been one of Some trailblazers make history, and the majority leader pointed out, from the real champions on water quality they are content to stand proudly 1925 to 1960. and the Chesapeake Bay. She under- alone. ‘‘Aren’t I great? I did it.’’ But Marylanders understand longevity stands the respect for State and local not Senator MIKULSKI. She always records. We are very proud of Cal government, that we have to work to- made clear that she was honored to be Ripken and the record he held in base- gether as a team. I know the Governor the first Democratic woman, but she ball. Senator MIKULSKI’s, like Cal of Maryland, Governor O’Malley, would never wanted to be the last. Ripken’s, legacy is what she has done agree with me that there is no better I will never forget her saying: in office to make a difference, not the friend to the people of Maryland work- Some women stare out the window waiting length of her service. She is a fierce ing with the State than Senator BAR- for Prince Charming. I stare out the window and effective advocate for so many BARA MIKULSKI, getting the Federal waiting for more women Senators. causes. We have heard about her ac- Government on the same page as the Well, 17 women, Republicans and complishments in education and health State and local governments to get Democrats, now serve in the Senate. I care, what she has done to advance sen- things done for the people of Maryland. know all of us have stories to tell sible health care to improve quality for That is true with what she has been about how Senator MIKULSKI helped us the people of this country. That was able to do for all of us working across along the way, reaching out to mentor her mission in the Affordable Care Act, the Nation. us, encourage us, lead us and organize to make sure that we had the delivery I think the Baltimore Sun put it best our regular meetings filled with folders systems in place that would deliver when it said: and pens and pencils, and organizing quality health care, and Senator MI- There is nobody more feisty, more willing dinners. She and Senator HUTCHISON KULSKI’s leadership was critical in that to take on big business, big government, or teamed up. We are so fortunate to have regard. anyone when it is time to look out for the them working together. We get to- She has been a leader in women’s interests of her constituents. gether now and then. Just in the heat health care issues. I will never forget I think all of us would agree. of debate, we sit down and break bread her reminder to all of us in the caucus: On a personal note, I thank Senator together. Don’t forget women’s health care MIKULSKI for her friendship, I thank When I considered running for the issues when you bring that bill to the her for being my buddy and my adviser. Senate in 1992, Senator MIKULSKI was floor. And we didn’t. We put that in Whether she is with Presidents or the very first person I went to see, under Senator MIKULSKI’s leadership. Kings or the patrons at Jimmy’s Res- after my husband. I was conflicted. I We talked about breast cancer and cer- taurant in Fells Point, you get the had a good House seat. I was told I vical cancer screenings. Senator MI- same common sense, the same down-to- could hold it for as long as I wanted, KULSKI has been in the leadership on all earth person—you get Senator BARB. and I was not sure I should give it up those issues. We are so proud of her. for the Senate. I was considered a long We in Maryland are proud to be Thank you, Senator BARB, for what shot. Senator MIKULSKI told me the fol- where the National Institutes of Health you have done to make this Nation a lowing: ‘‘If you run, and I want you to is headquartered. Its growth in large better place to live. Thank you for run,’’ she said, ‘‘it will be the toughest measure has been the result of Senator being such a role model for young peo- thing you will ever do and the best BARBARA MIKULSKI. We are proud of ple, especially young women, to get in- thing you will ever do.’’ And she was HOPE VI and housing. Senator MIKUL- volved, to make a difference. Thank right. SKI has been in the forefront of that you on behalf of my two grand- Those of us of a certain age have program, making it possible for many daughters. Their future is much bright- probably seen the play or the movie ‘‘A people in our community to have de- er, their opportunities are much great- Man For All Seasons.’’ Today we cele- cent, affordable, and safe housing. er because of you, Senator BARB. brate a woman who is truly a Senator

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for all seasons. Some Members have Groans. From this came a book Senator MI- passion, others have policy skills, some ‘‘Put your hands on your hips.’’ KULSKI and I worked on together. The are brilliant negotiators, others great More groans. genesis of the book—which became advocates for the least among us, some Now she says, ‘‘Bend from the waist.’’ ‘‘Nine and Counting,’’ the nine women are very serious students of history, Suddenly, a voice bellows from the Senators who were here in the year and others are flatout hilarious. But I back of the room: ‘‘If I had a waist, I 2000—came from a meeting called by wouldn’t be here.’’ do not think our country has ever seen Senator MIKULSKI to meet with the We all turned around to see Senator so many incredible traits combined in women of Northern Ireland, along with MIKULSKI, and we just cracked up. one Senator. Whatever the issue, she the women of Ireland, when there was Needless to say, that was the end of the will address it. Whatever the problem, so much strife in that country. BAR- aerobics class. she will solve it. Whatever the wrong, As funny as she can be, I can’t think BARA MIKULSKI called all of the women she will fix it. Whatever the need, she Senators together, our nine, to give en- of anyone more resilient than BARBARA will meet it. Whenever and wherever couragement and advice to the women MIKULSKI. I remember when she was people without a voice need a cham- mugged a few years back, one evening who were trying to bring the people of pion with a keen mind, a sharp wit, and outside her home in Baltimore. A man Ireland and Northern Ireland together an unparalleled ability to speak from pushed her to the ground and grabbed so that there could be a peaceful con- the heart and get things done, BARBARA her purse. It was terrifying—for the clusion to the conflicts in Northern MIKULSKI is there. A lot of us have been mugger. He had no idea whom he was Ireland. From that, as we were sharing there with her, and we have watched dealing with. At 4 feet 11, Senator MI- our stories to show the women of her and we love it and we marvel at KULSKI fought back and defended her- Northern Ireland how much they could her. And she does it with a sense of self, just like she defends the people do, from our experiences and our over- humor that is unparalleled. Anyone she represents, just like she defends coming of obstacles, BARBARA MIKUL- who has ever listened to a speech or women and families, just like she de- SKI and I sat down and said: interview with Senator MIKULSKI has fends equal pay and equal rights and You know, I think we have a book here. If heard her utter these incredible quips, civil rights and the health care of our each of the nine women Senators could write which I fondly called ‘‘Mikulski-isms.’’ citizens and the dignity of our seniors. a chapter about our obstacles and our begin- She has called us women into battle The truth is, the Senate used to be a nings in politics and help encourage other by asking us to go ‘‘earring to earring’’ very lonely place for women, but Sen- young women and girls to aspire to and be with our opponents. She has challenged able to succeed in politics, then we ought to ator MIKULSKI changed that. From the do it. us to square our shoulders, suit up, put day she was first sworn in, she has car- our lipstick on, and fight. She has said ried the challenges, the hopes, and the So we worked with a publisher. We often that women do not want to talk dreams of millions of women with her. got together and decided how we would lay it out. We then decided as a group about gender but an agenda that helps BARBARA MIKULSKI has inspired genera- America’s families. tions of young women everywhere. She that we would give all of the proceeds When asked by Glamour Magazine has given them the confidence that to the Girl Scouts of America because how she felt about being named Glam- they can do it, too, because even as we almost each of us had been a Girl Scout our’s Woman of the Year along with celebrate this incredible milestone, I at one point. So from that we put a book out, singer Madonna, Senator MIKULSKI re- know Senator MIKULSKI’s greatest hope plied, ‘‘She’s got her assets, I have is that a young girl growing up today which is still being sold here in the mine, and we both make the best of will be inspired to follow in her foot- Senate bookshop called ‘‘Nine and what God has given us.’’ steps and one day to break her record. Counting.’’ It has given a lot of money When asked about the different per- When that happens, it will be because to the Girl Scouts of America, to a leadership fund so that they can con- spective women bring, she often says, BARBARA MIKULSKI—our dean, our ‘‘Women, we are not so much about cherished leader, our Senator for all tinue to create girls who will be leaders macro issues but, rather, the macaroni seasons—opened the doors of the Sen- in our country. But that started with and cheese issues.’’ Who else could say ate wide enough to let the women of the meeting BARBARA put together for that better? America walk in. those of us who could maybe give ad- When discussing the challenges Thank you, BARBARA MIKULSKI. vice and help these women of Northern women face in politics with a group of The PRESIDING OFFICER. The Sen- Ireland. female parliamentarians from around ator from Texas. When I came into the Senate in 1993, the world, this is what BARBARA MI- Mrs. HUTCHISON. Mr. President, I the first thing I wanted to do was give KULSKI explained to them when they am pleased to stand and add my experi- equal treatment to women who work at asked about what is it like and is it ences with and admiration for Senator home in their ability to save for retire- tough. She said: BARBARA MIKULSKI. It is fitting that ment as those who workout outside the Let’s put it this way. In an election, if you she is now the longest serving woman home. I had the experience, as a single are married, you are neglecting him; if you in the U.S. Congress. working woman, of putting aside some are single, you couldn’t get him; if you are When I first got here—I was elected money for my IRA, and then when I divorced, you couldn’t keep him; and if you in 1993—BARBARA MIKULSKI, as the married my husband Ray, I found out I are widowed, you killed him. dean of the women in the Senate, had could put aside only $250 in an IRA. I Then there was one of my favorite a workshop the previous year for the said: Wait a minute. Why would some- Mikulski moments. This is a treasured newly elected Democratic women Sen- one working inside the home—a woman moment. The women of the House still ators. When I arrived in 1993, she ex- who is probably going to need retire- hadn’t managed to integrate the House panded it to include all new women ment security more than any of us— gym, so we were relegated to this tiny Senators, and her sort of opening com- not be able to save for her own retire- room with old-fashioned, hooded hair ment was, civility starts with us. ment security if she is a married dryers and hardly any room to move. Surely, she has carried through as woman? So I authored the Homemaker But there were very few of us, and we the dean of the women of the Senate to IRA, and of course I wanted to have a decided to make the most of it by hav- ensure that all the new women get Democrat lead because we had a Demo- ing an aerobics class. Of course, coming their bearings in the Senate, that they cratic Congress. So I asked Senator MI- from California, I organized it. get the advice of the ones who have KULSKI, and she said she would abso- In came Geraldine Ferraro, Barbara been here before. It has been a huge lutely sign on—as she always does— Kennelly, OLYMPIA SNOWE, BARBARA help and really a fun opportunity for us when it is something that is going to MIKULSKI, and me. Our instructor to get to know each other on a per- benefit women. So it became the started the class by asking us to sonal level as we have our women Sen- Hutchison-Mikulski bill. I said to BAR- stretch our arms way up, and we do. ators’ dinners. BARA: I want this bill to pass. I don’t

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There are not very SKI has been right there saying, of BARA MIKULSKI took the lead, and I am many people in this body who would course we are going to utilize the going to tell you, the first thing that make that gesture and also put her International Space Station, of course came out of that plan was that provi- weight behind the passage of the bill. we are going to keep America’s prior- sion, and it will never be in a plan as Of all the things I have done and that ities in space because it has done so long as BARBARA MIKULSKI is in the we have done together, BARBARA, and much for our economy and our jobs and Senate. So I am just going to tell any- of all the things that bill is going to af- our technology and our health care im- body who is looking at health care re- fect the most people in our country be- provements, but it has also been a na- form, take a little advice, don’t mess cause now we have the Homemaker tional security issue that BARBARA MI- with BARBARA MIKULSKI because we are IRA that passed in 1996 that allows KULSKI recognizes, first and foremost. going to have mammograms. women—whether they are married and I cannot match a lot of the stories Not only that, BARBARA MIKULSKI working at home or outside the home about BARBARA MIKULSKI and her per- came forward in the next month and and single or married—they will be sonality, but I can tell you I took BAR- passed unanimously in the Senate a able to set aside the same amount. For- BARA MIKULSKI to tour the Johnson mammogram standards bill. During tunately, that amount has grown, and Space Center in 2001, and we did a won- this process she learned that there so it is not $2,000, but it can be $2,500 or derful event at Baylor College of Medi- were varying degrees of standards of $3,000 or $5,000, depending on their age. cine to talk about the research that is mammography. She was going to make It is a wonderful thing we were able to being done in the biomedical sciences sure there were standards that every do together. and on the space station. I thought, I clinic would have, that every piece of Senator MIKULSKI and I also worked am going to bring BARBARA where we equipment would have and she led the on behalf of Afghan women. When we can show her a little bit of Texas. effort. It is law today. started hearing the atrocities that We know Texas has a lot of person- I will end with yet another accom- were happening to the women of Af- ality and sometimes we are thought to plishment; that is, single-sex education ghanistan that were brought back by have a little too much fun, but I will in public schools. Senator Jack Dan- great women’s organizations, such as tell you what, BARBARA is one of us. I forth of Missouri started looking at the Vital Voices, that told stories of not brought her to the Houston rodeo. Dur- issue and said: We need to allow our only unequal treatment of women in ing the month of the Houston rodeo, public schools to offer single-sex edu- Afghanistan but inhumane treatment everybody is ‘‘Go Texas,’’ and every- cation—meaning girl schools and boy of women in Afghanistan. Senator MI- body dresses Texan, which means cow- schools—because so many of us have KULSKI, Senator Clinton, and I intro- boy, and we have a great time. So I seen that we have to adapt education duced the Afghan Women and Children took BARBARA MIKULSKI into the steer for the needs of each individual child Relief Act, which was signed into law auction, where just this past Saturday to the best of our ability. We know in December of 2001, which authorized a steer was sold for $460,000. there are so many wonderful private funding for women in Afghanistan and It is a grand champion steer, I might schools for boys and girls, but we could Afghan refugee women. Political par- say. All of that money goes for scholar- hardly have a public school that would ticipation was supported for Afghan ships for our young people to go to col- be single sex in this country in the women, and we followed up with appro- lege. 1990s. priations. I have to say our Republican BARBARA came into the steer auc- So Jack Danforth started the effort, President, President Bush, and our tion, and she looked around. There and when he left the Senate, I picked it Democratic President, President were 2,000 people at the breakfast be- up. The more I looked at it, the more Obama, have always said American fore all these people are going to go I saw the benefits to boys and to girls— money will go into Afghanistan or Iraq and bid on the steers so we can fund particularly in the middle and high or anywhere else to support equally the scholarships. We were all dressed ap- school grades—were palpable. Senators education of girls and boys; that we propriately for Texas, and she reached Clinton, BARBARA MIKULSKI, SUSAN would support women where they are over to my ear and she whispered: Now, COLLINS, the three of them, had gone to not being treated as equals on a human KAY, if we were here on Monday morn- an all-girls school. I had not, but they rights basis. So our Presidents have ing and we went to a chamber of com- knew the benefits firsthand of single- stood and, of course, our bipartisanship merce meeting, do these people look sex education. BARBARA was the prod- in Congress has done the right thing. like this? I love to tell that story in uct of single-sex education, having Again, Senator MIKULSKI is a leader in Houston because it gets huge laughs. gone to a parochial school. that area. She won over everybody in Houston. I first introduced the amendment in I cannot think of a stronger sup- They adored her from the beginning. 1998, but it was in 2001—when the four porter in this Senate than BARBARA MI- She put on her cowboy hat, she rode in of us came together—that we actually KULSKI in the area of NASA. I wish to the grand entry on a buckboard and she got the bill passed through an amend- say Senator BILL NELSON also has been became an honorary Texan in our ment and that amendment then not such a strong supporter, as well as Sen- hearts. So BARBARA MIKULSKI knows only made public single-sex education ator LAMAR ALEXANDER, but Senator how to win over others. an option and legal, it also made it eli- MIKULSKI and I now are the—she is the Let me mention one of my early ex- gible for Federal funding grants simi- chairman and I am the ranking Repub- periences when I first came into the lar to all our public schools. lican on the committee that is appro- Senate. There was an effort to have I wish to say it has been one of the priating for NASA. We are also fortu- health care reform. A program was put joys of my time in the Senate to work nate to have Chairman JAY ROCKE- forward and this particular program with Senator BARBARA MIKULSKI, and I FELLER on the authorizing and over- had some things that were good, but think this 4-foot-11-inch mighty-might sight committee for NASA. He, too, one of the things in it was that no has 10 times the impact. She has made has been such a strong leader in assur- health insurance coverage would be re- an impact on Congress and an impact ing that we continue America’s pre- quired for women to have mammo- on America because she is relentless, eminence in space. grams if they were 40 or below. I will she is reasonable, she understands an When the rubber hits the road in ap- tell you something, the biggest erup- issue, and she understands the impor- propriations, Senator MIKULSKI has tion in the Senate was BARBARA MIKUL- tance of listening as well as talking. been there to say: We are going to have SKI saying: Are you kidding? I will not She is effective and she is respected. If

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there is anyone in the Senate who Coach BARB. But no matter what they from going bankrupt while paying for a doesn’t like her, respect her, and work call her, she has brought them together spouse’s nursing home care. But well with her, I have not met them. in this bipartisan sisterhood, as we just throughout her career, BARBARA MI- When one is the longest serving woman heard from the Senator from Texas. KULSKI has fought to strengthen the in the Senate and Congress, they have She holds workshops and serves as a safety net for children, for seniors, and worked with a lot of people. She is mentor to all newcomers and organizes for anyone who needed somebody to unanimously so well regarded, I have regular monthly dinners. They don’t stand for them or push open a door for never met an enemy of hers. always agree on everything, but the them. I will close by saying the people who dinners are what some of them have That fight started in east Baltimore know her best love her most, and I can- called a ‘‘zone of civility,’’ which is where her Polish immigrant grand- not think of a finer thing to say about something the Senate could use a little parents ran a bakery and her father a any person. more of these days. Again, it is BAR- grocery store. She says she often Thank you. BARA MIKULSKI’s example that helps watched her father open the doors to I yield the floor. point us in that direction. his grocery store for local steelworkers The PRESIDING OFFICER. The Sen- But for all of her firsts, I would say so they could buy their lunches before ator from Massachusetts. to my colleagues that BARBARA MIKUL- the morning shift. She got it in her Mr. KERRY. Mr. President, first of SKI’s career has never been about gen- head at that time that she would rath- all, I wish to say what a pleasure it is der as much as it has been about agen- er be opening doors for others on the to welcome Senator Sarbanes back. I da. I have had the privilege of working inside than knocking on doors from the had the pleasure of sitting beside him with her enough on different issues of on the Foreign Relations Committee outside. So no surprise, after college she got a for 24 years. We miss his judgment and being what she calls one of her Gala- job as a social worker helping at-risk wisdom. We could use it these days. hads. I have seen her laser focus on I wish to welcome Governor what is right, on her conscience, on her children and educating seniors about O’Malley. I can’t think of a time, when gut, on her sense of what the people of Medicare. She got involved in politics people have stood up to laud a fellow Maryland want, and what she thinks is by organizing community groups to Senator, that a Governor of their State her duty as a Senator. That is why I stop a highway from going through the is sitting and listening. All of the com- wanted her on the Speaker’s platform Highlandtown neighborhood where she ments to this moment and beyond will in 2004 in Boston at the convention, grew up. Let me tell my colleagues, no- undoubtedly echo the remarkable af- and she delivered just the right mes- body had ever seen anything like her. fection that everybody has for BAR- sage in her forceful and commanding At one rally, she jumped up on a table BARA MIKULSKI and particularly the way. She stood up there and declared: and cried: high regard in which she is held. When women seek power, we don’t seek it The British couldn’t take Fells Point, the This is a very special celebration for for ourselves; we seek it to make a difference termites couldn’t take Fells Point, and the longest serving woman in the his- in the lives of other people. goddamn if we’ll let the State Roads Com- tory of the Congress, 12,862 days today There is no arguing, as we heard from mission take Fells Point. and counting. In that time—I recall a number of colleagues, about what an As they say on ESPN, the crowd went when I first came here there was one extraordinary difference BARBARA MI- nuts, and the roads commission never woman serving, and that was Senator KULSKI has made in the lives of other knew what hit them. And I assure my Nancy Kassebaum—it is fair to say people, not just Marylanders but all colleagues, that was a nonprofane use BARBARA MIKULSKI has been one of the Americans. She has been an extraor- of our Lord’s name. pivotal forces in creating and assem- dinary advocate for the Goddard Space Again, no surprise, that led to her bling what I would call a true ‘‘band of Center, for the Wallops Flight Facility, election to the Baltimore City Council. sisters’’—the women with whom she and for Johns Hopkins Applied Science I think that explains a lot about just has served in the Senate, each of whom Lab in Maryland, as well as the Port of how good a politician she is—how well makes extraordinary contributions to Baltimore and Chesapeake Bay cleanup she knows the street. I think every one this institution. efforts. of her colleagues, all of us, are in awe We have heard from other colleagues For decades, she proudly worked be- of BARBARA’s ability to focus on the that her career is filled with mile- side my colleague of 26 years Ted Ken- street emotion, on the simplicity of an stones, and it is. She is the first Demo- nedy. She loved Ted Kennedy and Ted argument, and to be able to sum it up cratic woman to serve in both Houses Kennedy loved her. Together, on the in a razor-like comment that just cuts of Congress. She is the first Demo- Health Committee, they worked to to the quick and makes the rest of us cratic woman elected to Senate leader- make universal health care a reality. who search around for the words seem ship. She is the first woman elected to Her role when Senator Kennedy was pretty inept in the process. Whether it statewide office in Maryland. These are sick was an extraordinary role of pick- is at Camden Yards, Fells Point, the just a few. ing up that baton and helping to bring Eastern Shore, the Washington sub- When BARBARA came to the Senate in it across the finish line. urbs, or up along the Mason Dixon 1986 after 10 years in the House of Rep- Along the way she became a leader Line, BARBARA has her finger on the resentatives, women were still, as she on women’s health, fighting for equal- political pulse of Marylanders. She un- describes it—these are her words—‘‘a ity in health research and making sure derstands their concerns, shares their bit of a novelty’’ in the Senate. Indeed, women get the quality of care they de- aspirations, and sums up their hopes then, it was only BARBARA and Senator serve. She was one of the chief sponsors and their dreams in a few short sen- Nancy Kassebaum. But now BARBARA of Medicaid financing of mammograms tences that nobody else can parallel. says: and Pap smears. If anyone expected BARBARA MIKUL- We’re not viewed as novelties. We’re not Personally, I will never forget how SKI to accept being just a novelty or a viewed as celebrities. We’re viewed as U.S. BARBARA reacted when the National In- celebrity in Congress, they obviously Senators. stitutes of Health said it would not in- had no understanding of her deep roots One of the reasons for that is that clude women in trials of aspirin as a as an immigrant, being an American, BARBARA MIKULSKI has demonstrated a preventive for heart attacks because and the values she learned about hard seriousness of purpose, an ability to ‘‘their hormones present too many bio- work in her family. legislate, and an ability to make logical variables.’’ BARBARA fired back: If anyone expects her to slow down friends and bring people together that ‘‘My hormones rage because of com- just because she is now the longest has defined her role as the dean of the ments like that.’’ serving woman in the history of Con- women in the Senate. Her proudest accomplishment, she gress, they don’t know BARBARA MI- Some of her women colleagues in the says, is the Spousal Anti-Impoverish- KULSKI. A couple of years ago, BARBARA Senate call her Dean. Others call her ment Act, which helps to keep seniors and I talked—I think it was at one of

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our retreats—about how similar Mary- We must protect our protectors with more dear friend, Senator BARBARA MIKUL- land and Massachusetts are in certain than just words—we must protect them with SKI, on becoming the longest serving ways, especially their rural and fishing the best equipment, training and resources. woman in the history of the United histories which we actually both have. Senator MIKULSKI is also committed States Congress. This milestone, She told me she wasn’t much of a fish- to the promotion of scientific research reached on March 17, marks 12,858 erman, but she liked to hunt. The only and laying the groundwork for main- days—more than 35 years—of dedicated problem she cited was the recoil of the taining U.S. leadership in the area. She service to her beloved State of Mary- rifle given that she stands 4 feet 11 has advanced legislation to substan- land and to our Nation. inches tall. tially increase the number of students A little more than a year ago, in Jan- Well, it is clear from the record, earning degrees in science, technology, uary of 2011, Senator MIKULSKI began clear from the comments of all of her engineering, and math. her 25th year in the Senate, surpassing colleagues, and clear from this extraor- As a Senator from Maryland, Senator my personal role model in public serv- dinary longest serving record in the MIKULSKI understands the importance ice, Senator Margaret Chase Smith, Congress and all that she has accom- of the Federal workforce. Many of her the Great Lady from Maine. Adding in plished that she stands as one of the constituents are responsible for the her 10 years in the House, Senator MI- tallest Senators and packs a punch way high quality of life many of us take for KULSKI now establishes the record for beyond her 4 feet 11 inches. granted every day. Whether its food in- longevity in either chamber, set by We are proud to have her as a col- spectors, air traffic controllers, or Congresswoman Edith Nourse Rogers, league, and we are in awe of her ability medical researchers, many Maryland- who represented Massachusetts but to galvanize action, which is what this ers who make up the Federal workforce was born in Maine. institution should be all about. contribute to our Nation’s health and For me, the special meaning of this Mr. LEVIN. When you read over the safety. Fortunately for them, and the occasion goes far beyond such coinci- long list of Senator BARBARA MIKUL- rest of us, they have a powerful advo- dences. Just as Congresswoman Rogers SKI’s accomplishments, one word keeps cate in the Senate. Senator MIKULSKI and Senator Smith inspired young coming up, ‘‘first.’’ First woman to be said, ‘‘I want every Federal employee women in the past to lives in public elected to the Senate from Maryland, to know I am on their side.’’ Indeed she service, Senator MIKULSKI inspires the first woman of her party to serve in is—not only because it is in the inter- young women of today. As a new Sen- both the House of Representatives and ests of her State, but because she ator in 1997, I was welcomed by her in the Senate, first woman to serve in knows well that an effective Federal kindness and helped by her wisdom. the Senate leadership. Today we gather workforce is in the interests of every She taught me the ropes of the appro- to honor Senator MIKULSKI, who in ad- citizen in every State. Throughout her priations process and instituted reg- dition to her many firsts, now stands career, Senator MIKULSKI has fought ular bipartisan dinners for the women as the longest serving woman in the off misguided efforts to privatize essen- of the Senate. history of the Congress. tial functions of the Federal workforce, It has been a privilege to work with Senator MIKULSKI began her service and fought for fair pay and benefits for Senator MIKULSKI for 15 years. During in Congress in 1976, and in all her time that time, I have come to know her as here since, she has championed the these committed public servants. Fair pay has been a focus for Senator a fighter and a trailblazer. causes dearest to her—causes dear to Senator MIKULSKI is, above all, a MIKULSKI, and women across the coun- the needs of her constituents and to hard worker. Growing up in east Balti- try can be grateful for that. In 2007, the our Nation’s most vulnerable citizens. more, she learned the value of hard Supreme Court considered the case of As chairwoman of the Children and work at her family’s grocery store. Her Lilly Ledbetter, a woman who for near- Families Subcommittee, Senator MI- commitment to making a difference in ly 20 years had been paid less than her KULSKI has been a determined cham- her neighborhood led her to the path of pion of the young, the old, and the male coworkers for equal work. In its service, first as social worker, then as sick. She has fought for access to high- decision, the Court ruled that Ms. a city councilor and as a Member of er education for every child because Ledbetter could not proceed with her Congress. she believes ours is a nation where case, not because it had no merit, it Senator MIKULSKI’s longevity is only every young boy and girl should have did; but because of a technicality. Once the preface to her story of exceptional the chance to reach his or her true po- the Supreme Court rules against you, accomplishment. She has fought for in- tential. She has fought for secure pen- where can you turn? Just ask Ms. creased access to higher education for sions for seniors because she believes Ledbetter; she will tell you. Senator our young people and for improved ours is a nation where, after a lifetime BARBARA MIKULSKI introduced the health care for our seniors. I am proud of work, every person should have the Lilly Ledbetter Fair Pay Act to ad- to have fought at her side on those chance to enjoy their retirement. And dress the flawed Supreme Court deci- issues, as well as for increased Alz- she has fought for preventive screening sion; and on January 29, 2009, it was heimer’s research, improved women’s and treatment for every woman be- signed into law. health care, and enhanced educational cause she believes ours is a nation In the Book of Genesis, the first opportunities for nurses. where no one should lose a mother, question asked of God is ‘‘Am I my As House colleagues during and after daughter, or wife from a preventable brother’s keeper?’’ Senator BARBARA World War II, Margaret Chase Smith illness. MIKULSKI has spent a lifetime and built and Edith Nourse Rogers were instru- As chairwoman of the Commerce- a career in answer of that question. mental in achieving full recognition Justice-Science Appropriations Sub- She said: for women in uniform. Senator MIKUL- committee, Senator MIKULSKI has led I feel that I am my brother’s keeper and SKI carries on that legacy as a deter- the charge to promote economic devel- my sister’s keeper. I think that’s why I am mined advocate for all who serve our opment, equip our first responders, and shaped by the words of Jesus himself: Love country. Working with her on the Ap- invest in science and research. Senator they neighbor. And I took it seriously. propriations Committee, I have wit- MIKULSKI understands the importance The Senate is better off because she nessed firsthand how seriously she of the private sector, particularly did. The people of Maryland are better takes her responsibility to the Amer- small businesses, in creating job oppor- off. Our Nation is better off. I am ican taxpayers. tunities. That is why she has fought for grateful not just because she has be- Throughout her life in public service, legislation making it easier for busi- come the longest serving woman in the Senator MIKULSKI has lived by one nesses to make investments and hire history of Congress, but because she guiding principle: to help our people new workers. No one has fought harder has served her Nation so well. meet the needs of today as she helps to support our emergency first re- Ms. COLLINS. Mr. President, today I our Nation prepare for the challenges sponders than BARBARA MIKULSKI, who wish to offer my heartfelt congratula- of tomorrow. It is an honor to con- said: tions to my esteemed colleague and gratulate Senator BARBARA MIKULSKI

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It is cer- standing in and of itself, it is an today to thank Senator MIKULSKI for tainly well deserved. achievement that represents far more putting her principles and her beliefs She is one of the hardest working and than the number of years she has into action all these many years for most effective Senators serving in the served in the nation’s Capitol. It is also her beloved Maryland and the United Senate today. It has been a great pleas- a testament to her outstanding public States of America. If I may paraphrase ure working closely with her on the service and her commitment to our fu- the words of Abraham Lincoln, it isn’t Appropriations Committee. ture that has made it possible for her so much her years of service that mat- Mr. HATCH. Mr. President, today I to help to make our great Nation both ters so much as the service of her wish to pay tribute to our dear friend stronger and more secure. years. Through the years she has made and colleague, the senior Senator from Back home, Senator MIKULSKI’s con- a difference in so many ways that will Maryland, BARBARA MIKULSKI. This stituents have come to appreciate her be long remembered and celebrated. week, Senator MIKULSKI became the more and more as they have seen how longest-serving woman in the history hard she works to represent them Congratulations, BARBARA. You are of the United States Congress. That is every day. That is why they always setting a record pace here in the Sen- quite a milestone and I want to con- come out in such great numbers every ate. From this day on, you will be set- gratulate her on her many years of de- election day to make sure she will con- ting a new record every day. Thank voted service to the people of her home tinue to do so. They can see the dif- you for your service, but most of all, State. ference she has made all around them thank you for your friendship. Diana Senator MIKULSKI is a Maryland na- and they appreciate the way she has and I have appreciated having the tive. Descended from Polish immi- made their cities and towns better chance to come to know you and to grants, she was born and raised in Bal- places to live. work with you. timore. She attended college at both I have often heard Senator MIKULSKI Mr. BINGAMAN. Mr. President, I rise St. Agnes College in Baltimore and the referred to as the Dean of the Senate today in tribute to Senator BARBARA University of Maryland. women, a title she has earned that was MIKULSKI of Maryland, who has just be- After several years of working as a conferred upon her with the great ad- come the longest serving woman in social worker in the Baltimore area, miration, affection and appreciation of Congress, and to applaud the pio- Senator MIKULSKI began her political those with whom she has served. Over neering role that she has played in the career in 1971 when she was elected to the years so many of them have ac- evolution of the Senate. the Baltimore City Council. She served knowledged the difference she has there for 5 years before running for made in their lives with her support, Things have certainly changed since Congress in 1976. For 10 years, she rep- her encouragement, her guidance and 1986, when Senator MIKULSKI was elect- resented the Third Congressional Dis- her direction. She has been such a ed to the Senate. When Senator MIKUL- trict of Maryland. Then, in 1986, she great mentor to them because she has SKI joined the Senate as the first was elected to serve here in the Senate. always led the best way—by example. Democratic woman elected in her right Although the milestone we are recog- It is another mark of distinction that as opposed to filling the term of a nizing today is a significant one, it is has come to her as, each day, she has spouse, the Senate looked very dif- not the first for Senator MIKULSKI. In- helped to write another chapter of the ferent. There was only one other deed, throughout her time in the Sen- history of Maryland and this great Na- woman senator, Nancy Kassebaum, a ate she has been a pioneer for women tion of ours. Republican from Kansas. The Senate in public service. Looking back, she has played an ac- had just begun to televise their pro- For example, Senator MIKULSKI was tive role in a long list of changes that ceedings the year she was elected. And, the first woman elected to statewide have come to our country over the obviously, there were no women in office in Maryland. She was also the years. Because she has been at the fore- leadership positions in the Senate. first Democratic woman elected to a front of so many of them she has been Senator MIKULSKI set out to change Senate seat that was not previously a role model not only for those with all that. She became the first woman held by her husband. And, she was the whom she has served, but for those who in the Democratic leadership. She be- first woman to serve in both the Sen- have been watching her in action back came the first woman to serve on the ate and the House of Representatives. home. I have no doubt, in the years to Appropriations Committee. And then I have known Senator MIKULSKI a come, many more women will serve in she became the first woman to chair long time, having served with her in the House and the Senate who will the Senate CJS Appropriations sub- the Senate for over 25 years now. While credit Senator MIKULSKI for first giv- committee. she and I have often found ourselves on ing them the idea of serving in the opposite sides of many issues, I have Congress. Her own record of success And things certainly have changed. long admired her commitment to her then assured them that it would be Now, in the 112th Congress, there are 17 principles and, most importantly, her possible for them to do the same if women, both Republican and Demo- devotion to the people of her home they were willing to work hard and crat, in the Senate overall. There are State. Indeed, she has been a stalwart take their case to the people for their seven women on the Appropriations and often times fierce advocate for the consideration. Committee alone. Five women chair interests of Marylanders. In the end, that is what our service in Senate committees. Women have had significant roles in both the Demo- I want to congratulate Senator MI- the Senate is all about—doing every- cratic and Republican Senate leader- KULSKI on this important milestone thing we can so that the current gen- and I am grateful for this opportunity eration will have the tools they will ship. to pay tribute to her and to her many need to succeed and then take their While all of these changes were clear- years of public service. place as the next generation of our na- ly not solely a function of Senator MI- Mr. ENZI. Mr. President, I greatly tion’s leaders. Thanks to good people KULSKI’s pioneering leadership, she appreciate having this opportunity to like BARBARA MIKULSKI the people blazed a trail as bright and as wide as join my colleagues in expressing our back home know that someone cares. anyone could possibly hope for. With congratulations to BARBARA MIKULSKI She has given them a voice and it is her impassioned speeches, her plain as she reaches another great milestone heard and heard clearly whenever she spoken delivery, and her commitment

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to fairness and justice, Senator MIKUL- worked every day to make America a will always support good women who SKI could not be ignored or pigeon- better place for the next generation. seek equality. I have enjoyed their sup- holed. She stood up for what she be- When Senator MIKULSKI began her port, their wise counsel, and their col- lieved in, and she would not allow her work in the House of Representatives, legial efforts on behalf of the people of voice to be silenced. there were 18 female Members of the Maryland during my years in Maryland Senator MIKULSKI cared deeply about House and three female Members of the politics. health care issues, and women’s health Senate. When she began her first term It is a great honor to be here today in particular. When she learned that in the Senate, there were 23 female passing this significant benchmark of many Federally-funded research proto- Members of the House and only one becoming the longest serving woman in cols did not include women, she led the other female Member of the Senate. the history of the Congress, both in the fight to insure that would never hap- Now, she is a leader among our 17 fe- House where I served for 10 years, and pen again. She established the Office of male Senators and 76 female Members in the Senate. It is a great honor for Women’s Health at NIH to ensure of the House of Representatives. me to be able to pass into the history women would always have a voice in Her strong sense of community and books along with such an esteemed per- critical health issues. instinctive nature pertaining to the son as Senator Margaret Chase Smith. One of her proudest accomplishments needs of Americans is exemplified by We spoke about that in January 2011 was working to pass the spousal impov- her action-oriented attitude. Even be- when I was sworn in. There were trib- erishment law, which changed the rules fore her tenure in Congress, as a social utes that day and wonderful words that forced elderly couples to spend all worker for the people of Maryland, Ms. from our two women Senators from their assets and give up their home be- MIKULSKI was active in local issues in Maine. Today—actually over the week- fore the Government would help one and around the Baltimore area and end—I surpassed the record of Edith member of the couple pay for a nursing worked to help at-risk children and Norse Rogers who was the longest serv- home. seniors. She continues working pas- ing woman in the House. Both of those Finally, I would be remiss if I didn’t sionately to address those issues women came from New England. They mention Senator MIKULSKI’s efforts on throughout her tenure in Congress. were both hardy, resilient, and fiercely behalf of her beloved State of Mary- Her advocacy for justice and con- independent. I, as I have read their his- land. From the crabbers of the Chesa- tributions to social issues are evident tories, so admired them. They were peake Bay to the steelworkers at Spar- with her work to fight for women’s known for devotion to constituent rows Point to the scientists at Goddard rights and improved access to health service, an unabashed sense of patriot- to all the other families all across the care, to better education, and to volun- ism, and kind of telling it like it is. I State, no one has worked harder to teering and national service opportuni- hope that as I join them in the history give them a voice on Capitol Hill than ties. She offers tremendous leadership books, I can only continue with the BARBARA MIKULSKI. On this historic for the Senate both as the chairwoman same spirit of devotion to duty and day, I wish her the best, and I know of the Health, Education, Labor, and that fierce independence and patriot- that as long as she is a United States Pensions Subcommittee on Primary ism. Senator, she will never stop fighting Health and Aging, and as the chair- I didn’t start out wanting to be a his- for what she believes is right. woman of the Appropriations Sub- toric figure. To, ‘‘What do you want to Mr. BAUCUS. Mr. President, we committee on Commerce, Justice, be when you grow up?’’ you don’t say, mark March as Women’s History Science, and Related Agencies. ‘‘I want to be a historic figure.’’ When Month, as a time of year for us to re- Like Jeannette Rankin, Senator MI- I was growing up, it was about service. member the valiant female leaders of KULSKI has been a leader and an exem- For me, it is not how long I serve, it is our great Nation. One of them is very plar for strong and courageous women not about history. For me, history special to Montana. In 1916 Jeannette leaders in America. books were Jane Adams and Abigail Rankin was the first woman elected to Senator MIKULSKI gets things done, Adams and powdered wigs. I just wel- the United States Congress, 4 years be- and I have enjoyed our friendship dur- come a day when I have time to even fore women were granted the right to ing our work together in the Senate. powder my nose, let alone powder my vote. Her brave spirit is one that sets the bar wig. But the fact is, when I grew up, I As a member of the House of Rep- for new and incoming Senators, both wanted to be of service. I learned that resentatives, her daring and vocal male and female. I congratulate Sen- in my home, in my family, in my com- stance on controversial issues such as ator MIKULSKI on her special day and I munity, and with the wonderful nuns war and peace brought critical recogni- look forward to continuing our work in who taught me. tion from the press. In every situation, the Senate together. Today my colleagues have spoken the strength of her values persisted, Mr. President, I yield the floor. about my wonderful mother and father. even under the pressures of unanimous The PRESIDING OFFICER. The Sen- I had a terrific mother and father. I am opposition to a war with Germany. ator from Maryland. so happy my two sisters and my fan- Jeannette Rankin said, ‘‘I may be the Ms. MIKULSKI. Mr. President, first tastic brothers-in-law are joining me first woman Member of Congress, but I of all, let me say I am enormously today. I only wish my mother and fa- won’t be the last,’’ and helped to pave touched and gratified by the warm ther could be here with me because the way for future generations of words my colleagues have spoken on they worked so hard to see that my sis- women leaders. both sides of the aisle. I am particu- ters and I had an education at signifi- This past Saturday, March 17, 2012, larly moved by the fact of the men of cant sacrifice to them. But they were marked a monumental day in Amer- Maryland who are here today. I am really wonderful people where others ican history. The Senator from Mary- moved by the wonderful words of Sen- saw them in a life of business. Every land, Ms. BARBARA MIKULSKI, cele- ator CARDIN, my colleague. I am moved day my father would open his grocery brated her 35th year in the United as well that Governor O’Malley is here store and say, ‘‘Good morning, can I States Congress. today. help you?’’ When he did, he wanted to That important accomplishment is a When I came to the Senate, Senator assure that his customers got a fair milestone for American culture and fe- Paul Sarbanes was my senior col- deal. male leaders in Congress. Senator MI- league, and he is here today as well. My father opened his grocery store KULSKI is now the longest serving fe- Governor O’Malley and Senator Sar- during the New Deal because he be- male in the Senate and in the history banes are on the bench, but these men lieved in Roosevelt and because, as my of the U.S. Congress. She spent her are certainly not back-benchers. I must father said, ‘‘Barb, I know Roosevelt first 10 years in the House of Rep- say about the Governor and Senator believed in me.’’ resentatives, followed by the next 25 Sarbanes and Senator CARDIN, they I also had the benefit of the wonder- years here in the Senate. She has prove the old adage that men of quality ful Catholic nuns who educated me. I

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I want to con- Christianity and the message of Jesus long number of firsts, for me it is not tinue to fight for a stronger economy, Christ, wanted to make sure that how long I have served but how well I a safer America, the people of Mary- women in America could learn and be a have served. When I came to Congress, land. part of our society. They didn’t only I became a Member for the fabulous In conclusion, I want to say thanks. teach us our three Rs, they taught us Third Congressional District of Mary- I am going to thank the Dear Lord for about leadership and service. But they land. My job was to represent a blue- giving me the chance to be born in the also taught us about other values—the collar community that was in eco- greatest country in the world, to be values of love your neighbor, care for nomic transition. What did we do? We able to work hard and serve in one of the sick, worry about the poor, and be were a community that built things the greatest institutions in the United hungry and thirsty for justice. here so we could ship them over there. States of America. But nobody gets to When I was at the Institute of Notre We built cars. We built ships. We made be a ‘‘me’’ without a whole lot of Dame, a school that NANCY PELOSI steel. We knew if a country did not ‘‘thee.’’ went to as well, there was something make something and build something, I thank my family. I thank the reli- called the Christopher movement after it could not make something of itself. gious women who educated me. I thank St. Christopher. The motto was, ‘‘It is I fought for those blue-collar people. all of my staff who have worked so better to light one little candle than to I fought to keep those jobs in manufac- hard to help me do a good job. And I curse the darkness.’’ That is what I turing. We fought for the Port of Balti- thank the countless volunteers who be- wanted to do. I wanted to be a social more, its dredging, so we could bring in lieved in me and worked for my elec- worker. I even thought about being a the big ships so we could have exports. tion when nobody else did. Most of all, doctor. One time I even thought about We worked again for those people in I thank the people of the Third Con- being a Catholic nun, but that vow of those manufacturing areas while we gressional District and the State of obedience kind of slowed me down a saw jobs go overseas. Then we worked Maryland for saying: BARB, we are little bit. very hard for cities to make sure our going to give you your shot. Don’t ever In this country wonderful things hap- cities were safe, that we had great forget this. Don’t ever forget us. I want pen. When my great-grandmother came schools, and that they had a chance of them to know, though I have now to this country, she had little money in making it. served in the Senate 12,892 days, I will her pocket but a big dream in her I fought hard for health care. One of never forget them. Every morning I am heart: that she could be part of the my greatest pieces of legislation was saying in my heart: Good morning. Can American dream, that she could own a the Spousal Anti-Impoverishment Act, I help you? home in her own name, in her own so that if one spouse went into a nurs- Mr. President, I yield the floor. right; that she could have a job and so ing home, the other spouse would not (Applause, Senators rising.) could the people in her own family; and have to spend down their life’s savings The PRESIDING OFFICER. The Sen- that based on merit and hard work you and lose their home. AARP tells me my ator from Washington. could be something. Well, in three gen- legislation of so many years ago, that Mrs. MURRAY. Mr. President, I am erations, I have become a Senator. stands today, has kept 1 million peo- so honored to join so many of my Sen- Only in America the story of my fam- ple—1 million people—from losing their ate colleagues and people from Mary- ily could have occurred—modest begin- home or their family farm. land and across this country in recog- nings, hard work, effort, neighbor help- Those were the battles then. Those nizing and congratulating the amazing ing neighbor. were the battles when I changed my ad- woman you just heard from, my good Much has been said about my fight dress and I came to the Senate. Al- friend from Maryland Senator BARBARA for the highway. I was thinking about though I changed my address, the bat- MIKULSKI, who, as you have just heard, getting a doctorate, a doctorate in pub- tles are still the same: jobs, social jus- has just become the longest serving fe- lic health at Johns Hopkins. But they tice, opportunity, based on hard work, male Member of Congress in the his- were going to run that highway peace in the world, and I continue to tory of the United States. through the neighborhoods, the older fight for this. This is an achievement that takes ethnic neighborhoods, the African- But for me, it is not only about courage, it takes passion, and it takes American neighborhoods. We were issues. Issues are so abstract. Issues commitment. Those are three at- viewed in some of those neighborhoods can be so bloodless when we talk about tributes all of us who know her so well as the other side of the tracks. I want- it. For me, issues are about people—the know she has in abundance. But my ed to fight to keep those neighborhoods people I represent in my own home- good friend, Senator MIKULSKI, has not on track. So I took on city hall, and I town, the people I represent in my just served long, she has served well. did fight them. State, and the people who live in the The senior Senator from Maryland, In this country, what happened? In United States of America. over her 35 years in Congress, has es- another country, they would have My favorite thing is being out there tablished herself as a trailblazer, as a taken a protester like me and put me talking to the people, going into din- leader, and as a fighter for the people in jail. Instead, in the United States of ers, going table to table, listening to of her State. It is fitting that this America, they sent me to the city their stories, holding roundtables with milestone was reached during Women’s council. I worked hard there, and 5 parents whose children have special History Month because Senator MIKUL- years later, when Senator Paul Sar- needs, meeting with scientists who SKI has given so much of herself in sup- banes, who was a Congressman, ran for have discoveries they think will lead to port of other women in Congress. She the Senate, I ran for his House seat, new ideas and new products that will has guided us, she has shown us how to and I got the job. bring new jobs, meeting with univer- stand and fight, and she has taken all When I arrived in the House in 1976, sities that train our workforce. For of us under her wing. only 19 women were serving: 14 Demo- me, it is about the people. Senator MIKULSKI realized when she crats and 5 Republicans; only 5 women So as I pass this important bench- arrived here that there was no rule of color. In 2012, there are 74 women in mark, which I am so honored to do, I book for women in Congress. So she the House: 50 Democrats, 24 Repub- want people to know I am still that took it upon herself to guide the way. licans; 26 women of color. In the Sen- young girl who watched her father She drew on her own experiences to ate, there are now 17 women serving: 12 open that grocery store every day and make the transition easier for all of us.

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She organized seminars that you known as BARB. I love calling her on It has been cataloged by all my col- have heard about. She taught us how to the phone late at night and having her leagues. work together. She taught us about the say: This is BARB. Please call me. Make Medical research: There are probably legislative process, the rules on the sure you say the words and leave your millions of people alive today because floor, and the many more subtle rules phone number twice. of the 35 years she has pushed to make off the floor. Of course, when BARB says some- that happen. They do not know who In short, Senator MIKULSKI showed us thing, we all do it. So I always leave they are, but they are there; and they the ropes, and she has done it every the phone number twice. are living happy and healthy because of day I have been here for all the women I admire so much about her. But one BARB MIKULSKI. who have come since she has been here. of the things at the top of the list is How about veterans and health care While she knows it is important and who she is. She is the real deal. She needs? Again, literally tens of thou- courageous to lead the charge, she also knows where she came from. She has sands, maybe hundreds of thousands, of understands the first ones have to be never forgotten where she came from. our veterans are living much better responsible and successful so others As I have told her personally, she has lives because they were able to get the can follow. It is because Senator MI- that internal gyroscope of who she is, health care that BARB MIKULSKI spear- KULSKI has done her job so well that what she should do, and how she should headed, particularly in the earlier days other women have been able to follow do it that guides her almost instinc- when this was not a popular cause. in her footsteps. tively, and it is probably the most pre- The list goes on and on and on. She She is here today as the longest serv- cious thing a politician can have. Not has done so much. In our Chamber she ing woman in Congress, not by acci- very many people have it, but hers is is beloved. Beloved. People are some- dent or by happenstance. She is here about the best I have ever witnessed. times afraid of her when she gets mad. because she has earned it, because the It started from her upbringing and People want her approval. But most of people of her State know she is an in- her faith, which she mentioned. We all, I think what most of us seek is her dispensable champion of their causes, have talked about Willy. She has men- advice, because after so many years in because she does work across party tioned Willy. But you never forget how politics, she has that gift to under- lines, and because she delivers results. she reminds us because it is with her, stand what the average person needs I know many years from now when and you can see it in her actions every and to talk directly to them. She does women have achieved a larger, more day—how when people would come into not talk through her colleagues or does representative role in our Nation’s the store that Willy had, the grocery not talk through the media or does not Capital, Senator MIKULSKI will be at store in east Baltimore, when they had talk through some community leader the very top of the list of people to lost their job or someone was very sick or other politician. She still is talking thank—the person who not only forged and Willy would say: Take the gro- to that family sitting in east Balti- the path but who went back and guided ceries and pay me later. more or in Hagerstown or in Annapolis. so many of us down it. It reminded me of my grandfather I know many of my colleagues are on She almost has them in front of her Jake—we have talked about this—who eyes wherever she goes. That is why the floor today to thank Senator MI- was an exterminator, not quite the her speeches are so effective. She does KULSKI. But I am here especially to same as Willy and not providing the thank her, as one of those women who not try to polish them. That is not her. same services, but he would tell people: have followed in her footsteps, for her She speaks from the heart directly to If you have roaches and rats in your more than 35 years of service to her the people, and she cares so much house and you can’t pay, I will still ex- State and to her country. Those of us about them that it comes through. It is terminate. Pay me when you have the who know her well know she is not an amazing trait. money. So I understood that instinc- I most admire people in political life even close to being finished. So, Mr. President, my very best to tively. who never forget where they came I would have loved Willy to have met my very good friend, Senator MIKUL- from. She is one of the most powerful my grandfather Jake because I am sure SKI. I wish her very well in her next 35 people, not just women, one of the years. they were kindred souls in a lot of most powerful persons in America. I I yield the floor. ways. And the guidance of Willy and did not know BARB MIKULSKI when she The PRESIDING OFFICER. The Sen- BARB’s mom—you can see it every day was a community activist in East Bal- ator from New York. in the way she acts. timore, but my guess is she is exactly Mr. SCHUMER. Mr. President I too I just want to say another thing the same today. All the power and the want to speak of my dear friend BAR- about BARB. She got into public service accomplishments and the emoluments BARA MIKULSKI, who is just precious. as a community activist. There was a and the praise, all deserved, have not She is precious to her family. She is highway that was going to tear up an changed her a whit. That to me says an precious to the people of the Third important and historic part of her com- amazing thing about an individual. Congressional District that she rep- munity, and she got involved. Being BARB, I know my colleagues are wait- resented for 10 years. She is precious to schooled by her and many of my col- ing, but we love you. We cherish you. the people of Maryland, precious to the leagues, many women believed, oh, And as PATTY MURRAY said, I will put people of the United States, and pre- they would be excluded from politics if it my own way, I am sure that BAR- cious to those of us who have the privi- they went into politics directly. But BARA MIKULSKI, knowing her as well as lege of serving with her in this body. when you are a community activist I do, the best is yet to come. She has been affectionately known as and you take a lead because something I yield the floor. a few things: The dean of women; the is bothering you about your home or The PRESIDING OFFICER. The Sen- breaker of the ceiling, as PATTY MUR- your neighborhood, politics just fol- ator from Rhode Island. RAY just said; setting the stage, setting lowed sort of naturally. It is a little bit Mr. WHITEHOUSE. Madam Presi- the rule book—writing the rule book— like PATTY MURRAY’s story as well. dent, I wish to join my colleagues in a for women in the Senate. These days, because of what BARB tribute to Senator MIKULSKI. There will be 51 women in the Senate has done, I think my daughters can as- I am delighted to join my colleagues 1 day—there will be—and it will come pire—I do not know if they do, but they in joining in this tribute to perhaps our much more quickly because BARBARA can aspire to go into political life di- favorite colleague, BARBARA MIKULSKI, MIKULSKI was the first. There is no rectly. In those days, it was much on her becoming the longest serving question about that. The Senate will be harder. But there she was. She led this woman in congressional history. Her a better place for it in so many dif- fight. She went on to the city council, work in these Halls has made our coun- ferent ways. of course the Third Congressional Dis- try stronger. In a place where partisan She is also not only known as the trict in Maryland, and now to this au- rancor too often rules the day, she has dean of women, we love her. She is gust Chamber. She has done so much. established a legacy of service to her

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She won ficult, and abstruse, and she brought to achievement, not just for herself but that battle and went on to run for the them the verve and the vigor and the for all of the women who have gone be- Baltimore City Council in 1971. More vision to move on them. And those fore her and all the women who will than 40 years later and following a suc- really are her hallmarks: verve, vigor, come later on, and to my five grand- cessful stint in the House of Represent- and vision. daughters and my daughter. atives, BARBARA MIKULSKI continues to I know all of us here in this Chamber She has led the life in the Senate ex- blaze an impressive trail. are proud to call Senator BARB our col- emplary of the contributions that all During her 27 years in the Senate, league and friend as she makes history women can make to our society. I com- she became the first woman to sit on yet again. Her hard work and collegial mend her on her service, her compas- the Senate Appropriations Committee, spirit have enriched this Senate. I wish sion, her integrity, and all that she has the first woman to chair an appropria- her all of the best in the accomplish- done for the State of Maryland, the tions subcommittee, and the first ments ahead. On behalf of all Rhode Is- United States of America, and peace on Democratic woman elected to Senate landers, Senator MIKULSKI, I congratu- this Earth. leadership. Last year, we celebrated late you for this milestone in your his- BARBARA, congratulations to you on BARBARA as she became the longest tory, the Senate’s history, and our Na- a great achievement. It is an honor for serving female Senator. Now she has tion’s history. me to be here. crossed yet another milestone, passing I yield the floor. The PRESIDING OFFICER (Ms. KLO- Congresswoman Edith Nourse Rogers The PRESIDING OFFICER. The Sen- BUCHAR). The Senator from Delaware is of Massachusetts, having served in the ator from Georgia is recognized. recognized. Mr. ISAKSON. Madam President, I Mr. COONS. Madam President, I am Congress longer than any woman in consider it an honor and a privilege to honored to follow my good friend and history. rise for a moment to pay tribute to colleague from the State of Georgia in Of course, we do not just celebrate Senator MIKULSKI from the State of recognizing the remarkable contribu- the quantity of BARBARA’s service but Maryland, And in so doing, I think it is tions of Senator MIKULSKI, now the its quality. No one is better at drilling only appropriate that I quote from a longest serving woman in the history down to the heart of an issue and ex- speech made on November 22 in 1922 by of the Congress. pressing it in punchy, unforgettable the first woman ever to serve in the Today we have been joined by many terms. No one cheers us up more than Senate. great Marylanders. We have had Gov- BARBARA when she tells us to: Stand Rebecca Latimer Felton was the first ernor O’Malley and Senator CARDIN, tall, square our shoulders, put on our woman Senator. She was appointed for and former Senator Sarbanes, and Sen- lipstick, and rise to the occasion. We 1 day. Governor Brown had run against ator MIKULSKI’s own family, her sisters do not all put on lipstick, but we all Walter George for the Senate. Walter and brother-in-law in attendance. I am get the message. George won. And because of Ms. also pleased that we have got two of No one better combines the idealism Felton’s unending help to him in his her favorite constituents, my father of politics with the proactive abilities race, he asked the Governor if he would and my brother, who are with us today of government. She told me once with appoint her for a day to his seat before as well. They live in Annapolis and a twinkle in her eye, ‘‘I am a reformer, he took it and was sworn in. they have known what I have known but I am a bit of a wardheeler too.’’ She came to Washington, DC, to since childhood when I lived in the sub- Practicality and passion combined is serve for 1 day and she made one urbs of Baltimore, that Senator MIKUL- what makes politics successful, and no speech. In that speech she had a para- SKI is a remarkable, a tireless, a pas- one does it better than BARBARA. graph that to me exemplifies BARBARA sionate, and an effective Senator. When she was first elected to the MIKULSKI. She said, ‘‘Let me say, Mr. Reference has been made to her start House in 1977, she was 1 of 21 women in President, that when the women of the as a community organizer, someone Congress; 18 in the House and only 3 in country come and sit with you, though who saved Fells Point from a 16-lane the Senate. Today there are 93 women there may be but very few in the next superhighway, someone who was not serving including 17 Senators. BARBARA few years, I pledge you that you will afraid to get into the gritty issues of a has earned the distinction of dean of get ability, you will get integrity of local community and standing up for the Senate women. But she never, purpose, you will get exalted patriot- folks who did not have anyone to fight never forgot her roots as a champion ism, and you will get unstinted useful- for them. We have also heard about her for those who need a voice in this ness.’’ early years as a social worker, helping building. That was Rebecca Felton in 1922. folks in need understand the programs In her years in the Senate, BARBARA Today, in March of 2012, we honor a available to them and then fighting for MIKULSKI’s dedication to her constitu- Senator who has lived up to every one the programs that should have been ents and women’s rights has been clear, of those promises Ms. Felton made al- available to them. from becoming a champion of women’s most 100 years ago. I have had the It is no surprise to any of us that the health issues to organizing training privilege to serve on the HELP Com- district she first represented in the seminars for women of both parties mittee with the Senator, worked very House of Representatives, the Third, elected to the Senate, to sponsoring closely on the Alzheimer’s legislation was known as the ‘‘steel district’’ and pushing through with a force that which she has been such a leader on, where lots of men and women worked we all remember the Lilly Ledbetter worked with her on many other in the Bethlehem Steel plant. It is no Fair Pay Act of 2009. projects, including one I am happy to surprise that she has earned a reputa- During my much shorter tenure as a remind her about, and that was the tion here in the Senate as a woman of Senator, I have had the great privilege confirmation of Wendy Sherman a few steel, who fights for manufacturers, and pleasure to work with BARBARA to months ago when together on the floor who fights for Federal workers, who pass landmark health care reform leg- of the Senate, we worked together to fights for Western Maryland, who islation out of the HELP Committee. I see that she was appointed and named fights for poultry on the peninsula of have also served with her on the Intel- and confirmed Under Secretary of the Eastern Shore of Maryland, who ligence Committee, and worked closely State for the United States of America, fights for her constituents day in and with her on the Senate Intelligence serving under Hillary Clinton. day out.

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It is indeed just that in this Woman’s With names such as MURKOWSKI and you, by the time the tributes are done, History Month we would be recognizing MIKULSKI, we clearly have a Polish her- you are going to be 7 feet tall. That Senator BARBARA MIKULSKI, who has itage we look to with pride. She re- woman is 7 feet tall in the minds of so stood up for Maryland each and every minds me of mine because she is per- many of us. She is a giant for the peo- day. And though like me she comes up haps a little more connected to those ple of Maryland. She has proven herself a little short every time she stands, Polish roots. Again, there is a sense of to be a giant in so many ways as she she stands incredibly tall in the com- pride with whom she is, where she has works to do good for so many. pany of Senators throughout American come from, and what her family has I am proud to stand with so many history. She is someone who is pas- done preceding her that allows her to colleagues in recognizing her tenure, sionate for people, who has determina- go on and do so much for so many. recognizing this historic place she has tion to continue in the tradition of her We have had the opportunity to work carved for herself within the Congress, father, that fair deal grocer, who asked together on issues that, coming from and to call her my friend. every day that simple question: How different parts of the country—truly I yield the floor. can I help, and then gets busy answer- different ends of the country—and one The PRESIDING OFFICER. The Sen- ing it. would not think we would have as ator from New Jersey. She is a role model for me, for all of much commonality on some of the Mr. MENENDEZ. Madam President, I us, for my daughter, for my family, for issues. As the chairmen on the Com- rise to honor the service of one of our our community. She is the only Sen- merce, Justice, Science Appropriations most distinguished and long-serving ator I have heard say to me, fiercely, Subcommittee, we have worked closely colleagues, the tireless, sometimes re- before going on a vote on the floor: To on issues that relate to our fisheries, lentless, and often spirited senior Sen- the barricades. And she is the only per- coastal issues, and judiciary issues. ator from Maryland, Ms. BARBARA MI- son who could say that and mean it. She is always reminding me that we KULSKI. For a lifetime, she has been at the bar- have to take care of our fishermen out To say she is a trailblazer for women ricades of justice. She has been at the there and make sure our families who in politics is an understatement. She barricades of service. She has been at rely on our waters are appropriately has blazed a bold trial not just for the barricades of making a difference. cared for. women in politics but for all women in And for that, we are all grateful. We have worked together on women’s every endeavor. She is a fighter, an ad- I yield the floor. health issues. We were recently at the vocate, someone whom one is hopefully The PRESIDING OFFICER. The Sen- Sister to Sister event. I do feel a kin- on the same side with because she is a ator from Alaska is recognized. ship and a relationship with this Polish formidable opponent when one is on Ms. MURKOWSKI. Madam President, sister as we talk about those issues the opposite side. She is a role model I too stand today to pay recognition to for leadership and getting things done. a friend, a colleague, and truly a that are so important to women’s Her impressive list of accomplish- woman who brings a smile to my face. health. We share the same concerns about ments is far too long to recite in a few Because for as many years as she has how we do more for our first respond- minutes or even a few hours. It would served her State of Maryland, for as ers, our servicemembers, and our vet- not adequately do justice to her incred- many years as she has served in the ible service to Maryland and the people Halls of Congress, she has the enthu- erans. Just this past week, as Sen- of this Nation. Senator MIKULSKI has siasm, the spontaneity, the excitement ator—I almost called her MURKOWSKI dedicated her career to serving Mary- when she approaches an issue as a myself—Senator MIKULSKI was brand new rookie freshman coming chairing a committee, and I brought up landers and has dedicated her life to into this body. an issue as it related to the late Sen- public service. That is quite remarkable because ator Ted Stevens and the Department She began as a social worker in the around here we can get kind of dragged of Justice investigation that failed so neighborhoods of Baltimore, working down by the day-to-day politics, the miserably—and we are now pursuing it, every day on the street helping at-risk partisan nature, and the conflicts that through different avenues, to make children find their way and giving sen- are inherent in this process. sure nobody should have to go through iors the help they needed. BARBARA MIKULSKI is one who em- what Senator Stevens did—Senator MI- She was not, and is not, a bleeding braces life and the responsibilities that KULSKI literally stopped the committee heart, but there is no one who has a are put before her. She has an oppor- hearing to remind the Attorney Gen- fuller heart, a more open heart to the tunity to represent her constituents, eral that, in fact, this was not a par- deepest needs of the least powerful and she embraces it with an enthu- tisan issue; this was an issue where we among us than Senator MIKULSKI. She siasm that should be a reminder to us all should be concerned and that if is someone one wants on their side. all of why we are here to serve. there is no justice within the Depart- Senator MIKULSKI came to public I have so many different stories and ment of Justice, what does that mean service with what I like to call the long quips and quotes about Senator MIKUL- for us as a nation. view. She can see beyond herself to the SKI, whose name sounds somewhat She is never hesitant to speak and needs of society as a whole, and she has similar to mine—MURKOWSKI. Every stand and make very clear, when these fought for those needs and won on far now and again, we have an opportunity issues are important to the Nation, it more occasions than she has lost. to share the same stage, the same po- should know no bounds by party. BAR- When she first ran for public office in dium, and the individual who is intro- BARA MIKULSKI has held true to that. 1971, I know she had in her heart the ducing us will trip on his or her tongue In many different ways, that makes deep and abiding memories of those and refer to us wrongly. There was one this milestone we are recognizing even kids and seniors she met in Baltimore occasion where we were being recog- more important because I think there when she began her career. I know she nized by the National Geographic Soci- is a kind of a piling on of events that carries those memories with her to this ety, and she pointed out to the indi- can happen in the Halls of Congress, day. To this day, she has never forgot- vidual making the introduction: She is where the weight of what we do on a ten the people of Maryland who need the vertical one, and I am the not so daily basis gets to be a load. To a cer- her the most and have had the wisdom vertical one. tain extent, one can get tired, one can to elect her time and time again. This is just a recognition again that get worn, but BARBARA has not let the Her political career has taken her regardless of the situation, BARBARA weight of that responsibility bring her from the Baltimore City Council to the MIKULSKI has a good comeback, a quick down. House of Representatives and to this quip. She is a quipmeister if there ever I was joking with her a little bit ago Chamber, where she has honorably was one. It speaks again to the enthu- when all the accolades were coming her served for the past 26 years. For 7 siasm and passion she brings to the job way. I said: BARBARA, with all these years, I have had the opportunity to she has in front of her. kind words that are being said about work with her in this Chamber, and

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I was proud to work with her on life, as so many of my colleagues have liefs when necessary. that bill and on so many other efforts described, and the connection she She was the first woman elected to as well that make a difference in the makes that makes a difference for peo- statewide office in Maryland, the first lives of average Americans. ple. Democratic woman elected to the Sen- Finally, Senator MIKULSKI has been a She and I were on a flight with four ate in her own right, the first woman tireless advocate for something that is other Senators to the security forum in to serve in both Houses ofCongress, and near and dear to my own heart—for Halifax, Nova Scotia, a couple of years the longest serving female Member of those who suffer from Alzheimer’s and ago, and the weather was bad, so our the Senate. their families. flight was diverted to Bangor, ME. It As we all know, this past Saturday, As the son of a mother who battled was winter in New England, and of Senator MIKULSKI became the longest Alzheimer’s for 18 years and lost her course, when there is bad weather in serving woman in the history of the life to it, I understand firsthand the New England in the winter, it sticks Congress, serving more than 35 years in unique challenges of providing long- around for a while, so we were trapped the House of Representatives and the term care for a loved one. Senator MI- overnight in Bangor. Most of us just Senate. KULSKI has come to this floor on count- sort of sat there waiting to figure out It is only fitting that she achieve less occasions advocating for increased what was going to be done while we this milestone during Women’s History research, education, and programs for waited for a flight the next day, but Month because she has not only paved individuals with Alzheimer’s. She has not BARBARA because she doesn’t sit the way for women in politics but she found support from her colleagues on still. She is never afraid to pick up the has helped pave the way for women ev- both sides of the aisle. phone and take action, and that is ex- erywhere. It is estimated that 5.4 million Amer- actly what she did. BARBARA dialed up I had the opportunity to work with icans are currently living with Alz- her old friend and colleague—the col- Senator MIKULSKI during the long and heimer’s and millions more have been league of all of us—Senator SUSAN COL- difficult debate and negotiations on touched in some way by this debili- LINS, and said: Guess where I am. And health care reform. Her work was in- tating disease. strumental in ensuring that women that is how those of us who were on I thank the Senator from the bottom have access to the comprehensive that flight—the six Senators and the of my heart for her passion for helping health care they are now guaranteed Secretary of Homeland Security— those who suffer from this disease. I under the law. During that debate, no wound up joining Senator COLLINS and look forward to continuing to work one’s voice was clearer, no one’s voice the legendary Troop Greeters of Ban- with her on this issue until we find a was stronger, no one was more con- gor, ME, in welcoming troops at the cure for Alzheimer’s. vincing than she in the fight for a airport as they returned home from The bottom line: BARBARA MIKULSKI woman’s right to comprehensive health overseas. So what had earlier seemed is a deeply committed public servant. care coverage. like an inconvenience turned into a She fought for mandatory insurance The State of Maryland has rightly rec- fabulous opportunity to thank our coverage of essential services, such as ognized her invaluable service for brave men and women in uniform and mammograms and maternity care, many years. Because of her efforts, to have a good time while we were services that many insurance compa- those Maryland families know their in- doing it. nies refused to cover. She fought to end terests are protected and their voices You find those kinds of things hap- gender discrimination by insurance are heard. pening if you spend time with BARBARA companies. It has been an honor to serve with MIKULSKI. It is a byproduct of her re- As a result of the affordable care act her. All of us in this Chamber can only lentless energy, her drive to better her and, in large measure because of Sen- hope to serve our States with the same community and our Nation as a whole, ator MIKULSKI’s tireless efforts on be- conviction, selflessness, and pride as her deep commitment to fighting for half of women, being a woman is no Senator MIKULSKI has throughout her women’s health, and her unfailing longer a preexisting condition, as in- 35 years of service to the State of grace and gumption as a legislator, a surance companies used to say, that Maryland. colleague, and a friend. can be discriminated against. I am reminded of what Mother Teresa As has been said, she got her start as Those insurance companies that rou- said when she got the Congressional a social worker trying to make the tinely denied coverage of basic wom- Gold Medal: lives of men and women in her native en’s health services—essential serv- It is not the awards and recognition that Baltimore a little easier to bear. She ices—are now required to cover those one receives in life that matters; it is how was working in the service of values services under the comprehensive wom- one has lived their life that matters. that were taught to her by her family, en’s health services provision of the In that respect, BARBARA MIKULSKI who owned the neighborhood grocery law. has lived an extraordinary life. We store. And as so many have com- Whenever there is a need in the thank her for what she has done and mented, she often tells the story of her Chamber for a strong voice for women, not just for the people of Maryland but father opening the store early so that whenever there is a need for an advo- for all the people of America. steelworkers coming in for the early- cate to stand for the powerless against I yield the floor. morning shift would have time to buy the powerful, whenever there is a child The PRESIDING OFFICER. The Sen- their lunch. BARB has carried that spir- who needs a friend or a senior citizen ator from New Hampshire. it, those values she learned from her who needs a hand, BARBARA MIKULSKI Mrs. SHAHEEN. Madam President, I family in that grocery store here to the is there. am proud to be able to join my col- Senate, and often those values are I believe there are many times she leagues on the floor this afternoon in sorely needed here. comes to this floor remembering, as honoring Senator BARBARA MIKULSKI As dean of the Congressional Caucus she said, her days back in Baltimore, for her service to Maryland and for the for Women’s Issues, she has built a and she is right there—an advocate’s endless contributions she has made to sense of community within the caucus. advocate—fighting for those children the people of this country. Her bipartisan women’s dinners are and seniors she met along the way. It is very hard to adequately describe legendary. And, of course, what hap- The rest of us are better off because a political icon such as BARBARA MI- pens at those dinners stays at those she comes here with a full heart, ready KULSKI. For all of us women in politics, dinners. Those are MIKULSKI’s rules.

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Maine to know how effective she has program, and her most beloved State of She once called me her Galahad, and I been in making things happen for peo- Maryland, which she fights for every was proud of the moniker because it ple. day. was intended to be a compliment and a I look forward to more of her dinners, Last year she became the first sign of friendship. to more conversations with the Sen- woman to reach the milestone of serv- Strikingly, BARBARA MIKULSKI and I ator, to more chances to work with her ing a quarter of a century in the Sen- have backgrounds that are not dis- as she fights on behalf of women and ate. Madam President, I have staffers similar. I came from Polish heritage. seniors and veterans and all those who who are younger than her years of My grandparents on my paternal side don’t have a voice in government and service. But I also have young staffers, were born in Poland, as BARBARA’s at the table. I thank the Senator for especially my female staffers, who family was. They were immigrants. My her friendship, for her leadership, and have said they see a world of possi- parents were brought as children from for her many years of service. bility because of the trail Senator BAR- Europe and went through the tradi- I yield the floor. BARA MIKULSKI has left for them. With tional immigrant absorption. The PRESIDING OFFICER. The Sen- all of that, she has blazed a trail for all My folks found it very hard to make ator from West Virginia. of us. No one will be able to fill the a living as they grew up here in Amer- Mr. MANCHIN. Madam President, I shoes of BARBARA MIKULSKI. We will all ica. My grandparents were essentially too am honored to be able to rise today be lucky enough to follow in her foot- poor people with a kind of blue-collar to speak of our dear friend BARBARA steps. background. They had to resort to MIKULSKI. So many good things have When she began serving on the Hill in storekeeping to keep food on the table, been said, so many accolades have been 1977, there were 20 other women in all a roof overhead, and clothes on their shared about what BARBARA has done of Congress. She and 17 others served in backs. and what she means to all of us. I can the House, while there were 3 in the The one thing that threaded through only tell you there is not a better ally, Senate. Today, 35 years later, there are those years for me—and I heard it com- mentor, neighbor, and, most impor- 17 women serving in the Senate. If ing from BARBARA MIKULSKI so many tant, friend to have in the Senate than there is anything we can learn from times when she spoke—was there was BARBARA MIKULSKI. Senator BARBARA MIKULSKI, it is that always dignity in the house, there was My State shares a border with BAR- 17 women is far too few. We need more always a positive outlook. BARA’s State. Maryland and West Vir- women like you, BARBARA, and, just as As I heard, my parents, like hers, ginia have had a long and illustrious important, we need more Senators like were not able to do much with presents relationship. As Governor, I had always you. and valuables. But they did something known of BARBARA and had met her a I can honestly say that I know the else, and you see it so fundamentally few times when I served the great State of Maryland is much better off clear in BARBARA MIKULSKI’s demeanor State of West Virginia. But as a Sen- because of BARBARA MIKULSKI, but I and her behavior: that what she ator, I have had the privilege of being can tell you that the United States of learned at home, the same thing that I her colleague and working with her and America is a better country because of learned at home, was the meaning of becoming friends, listening to her and BARBARA MIKULSKI. So I say thank you values not valuables but values. And watching her in how she works with to my dear friend BARBARA for her values included a character obligation her constituents, how she considers the service to this great country and to all for hard work and honesty and de- issues, how she fights for issues. I don’t the constituents in Maryland who must cency. They were the yardsticks by think anyone has ever had to guess be extremely proud of her and have a which we were measured as children where BARBARA stands on an issue be- right to be so. I too am so proud to call and as adults. cause we all know. her my friend and my neighbor. I worked very closely with BARBARA. In the 15 months we have worked to- Madam President, I yield the floor. I left the Senate, as is known, for 2 gether, I can say it has been extremely The PRESIDING OFFICER. The Sen- years and my seniority slipped as a rewarding to serve alongside her, ator from New Jersey. consequence. BARBARA’s seniority con- whether it is her wisdom she shares on Mr. LAUTENBERG. Madam Presi- tinued to grow, and she is chairman of the train ride over to our sessions here dent, we have listened with interest the appropriations subcommittee. BAR- or whether we talk about our both and total accord as the life of BARBARA BARA always brought a degree of being raised in a grocery store. My MIKULSKI in the Senate has been re- strength and energy to the things that grandfather had a little grocery store viewed by so many people. We have she said and to the things she did. Al- and, as you know, BARBARA was raised heard the friendship and good will we though BARBARA during a presentation with her father in a grocery store. I all share toward her. wanted to make sure that she was think, basically, if you have retail in Her record is quite well known. She heard, and heard correctly, she would your blood, you understand the people is determined to get things done. She also pop up with humor. She had a fa- of America. never lets minutia stand in the way or cility with words and a facility with Her sense of humor is something to block an accomplishment. And I have expression that would have you en- behold. Every day I have the privilege noticed one thing: When BARBARA MI- grossed in what she was saying and of serving with her is a good day in the KULSKI starts to talk during a debate, caught off guard when a joke or a hu- Senate. the noise around the room quiets down. morous statement would pop up. I know colleagues have all shared And if it doesn’t, beware; BARBARA will When we note that BARBARA MIKUL- their stories about BARBARA, and they call your attention to it and say it in SKI, from this modest background, was have had more experience with her in a way that demands attention. always on the side of working people, it the Senate. As a freshman, being here BARBARA and I arrived in the Senate was never a mask; it was the truth and only a little over a year and a half, I in fairly close proximity. I came here it was where she wanted to be. I must have not had that many personal expe- in 1983 and BARBARA arrived in 1986, as say that she, for me, was always a riences, but I can tell you this: If there I recall. We were both on the Appro- steadfast beacon that would remind us: is a fight that breaks out, if there is priations Committee. I had some slight Don’t get carried away too much with something going wrong, you want BAR- seniority over her, and one of the your personal importance. Get carried BARA on your side. She is the person to things that were being dealt with was away with the things you have to do in have in that foxhole when the shooting seniority. BARBARA asked for my help your responsibility as a Senator. starts. And I have been so appreciative in the choice of subcommittee, and I When BARBARA MIKULSKI came these to have her as my friend and always tried to step out of the way and help years ago, as was noted, she was the counting on her. BARBARA obtain the chairmanship of a first among the women to come to the

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When BARBARA stood up, peo- families who elect us every single day. of you wants to speak before I speak, I ple stopped talking about things that One of her hallmark battles has been think it is the fair thing to do. were extraneous and they would listen the fight for equal pay for work for The PRESIDING OFFICER. The Sen- carefully, because BARBARA MIKULSKI women. This is not only an issue of ator from Alabama is recognized. always made so much sense and she equality and justice but an economic Mr. SESSIONS. Madam President, didn’t let you get by without a chal- imperative, because as we stand here my understanding was that Senator lenge if she believed you were wrong. today, with more dual income house- DURBIN is going to make a UC request, We have heard about her record, we holds than ever, women only make 78 which I plan to object to, and there have heard about her accomplishments, cents on the dollar compared to men. might be some brief discussion of that. and everybody had wonderful things to For women of color, the disparity is But I don’t see Senator DURBIN on the say about her. I listened carefully to even greater, African-American women floor. the statements that were being made earning 62 cents on the dollar, and Mr. UDALL of New Mexico. I am and thought about our days together Latinas 53 cents on the dollar. I know probably going to be the concluding re- and how wonderful it was to be able to Senator MIKULSKI won’t give up until marks on celebrating Senator MIKUL- SKI, so I am going to proceed with that. hear BARBARA MIKULSKI make sense we correct this outrageous injustice, Madam President, we have been here out of what often escaped that chal- and I am honored to be fighting along- now for almost 3 hours—I was down lenge. She would offer the challenge side her. here when we started. Senator FEIN- and she would offer solutions. Senator MIKULSKI has also led the STEIN started about 2:00 and we are ap- I, like our other colleagues, stand fight to strengthen our laws against proaching 5:00 now—for an incredible here in awe and respect and note that domestic violence, and open access to celebration of BARBARA MIKULSKI’s ca- BARBARA MIKULSKI, the storekeeper’s health screenings and treatment that reer. I have listened to a lot of it both daughter, is so much like that which I saves women’s lives. Close to my heart, at my office and here on the floor, and saw in my own life and we have seen in she was among the first to stand up to insurance companies that said that it is pretty remarkable to hear the America in the past century; and BAR- being a woman was a preexisting condi- kinds of things she has done with her BARA MIKULSKI who, in all due mod- life and I rise today to honor my col- esty, without any impression of a smug tion. You can always count on Senator league, Senator BARBARA MIKULSKI. satisfaction, is always ready to take up MIKULSKI to lead the charge in drawing a line in the sand in the Senate when it As has been noted, this month Sen- the battle for the people she served, ator MIKULSKI becomes the longest not only in the State of Maryland but comes to protecting women’s health and women’s right to choose. We saw it serving woman in the history of Con- across the country. She is an inspira- yet again when she stood up to the dan- gress. With her perfect sense of timing, tion for women coming to government, gerous overreach of the Blunt amend- BARBARA reaches this historic mile- and she serves so well as a demonstra- ment that would have denied women of stone during Women’s History Month. tion of what could be. this country the ability to choose And it is for the history books. But, as I am delighted to be here, to stand which medications to take and leave BARBARA has said: It is is not how long here as a friend and an admirer of BAR- that decision to their boss. I serve but how well I serve. And she BARA MIKULSKI, and wish her many She embodies the words of Eleanor has served very well. She has served more years of service. I know that with Roosevelt: her beloved State of Maryland very BARBARA around, you can always count The battle for individual rights of women well, and she served this country in a on sense and good judgment to result. is one of long standing and none of us should number of capacities on the Appropria- Madam President, I yield the floor. countenance anything that undermines it. tions Committee and on various com- The PRESIDING OFFICER. The Sen- It is that spirit—making your voice mittees in the Congress. ator from New York is recognized. heard, never backing down in the face We celebrate this historic occasion Mrs. GILLIBRAND. Madam Presi- of injustice—that has made Senator but, more deeply, we celebrate BAR- dent, I associate myself with the re- MIKULSKI one of the strongest voices BARA’s record of achievement—a record marks of my colleague, the Senator we have for women in this country and that transcends gender, a record that is from New Jersey. women around the world. Every single rooted in a life dedicated to public It is with great admiration that I rise day she is paving the way for more service. today to join all of my colleagues who women leaders in America by showing Since she was first elected to public have spoken before me and who will the young women and girls of this office in 1971 to the Baltimore City continue to speak honoring the Sen- country that women’s voices matter Council, BARBARA has been setting ator from Maryland, BARBARA MIKUL- and are needed in our public debate. milestones. Think about that for a SKI, as the longest serving woman in I close by expressing my personal minute—1971. This is 40 years plus of the history of the Congress. debt of gratitude to her for her vision, public service. As the Chair knows, this It has been such an honor to serve her leadership, and her pioneering spir- is pretty remarkable. She served in with Senator MIKULSKI. In my 3 years it. I simply could not imagine working public service for a while. I have served in the Senate, she has quickly become in this body without her leadership. for a while. But 41 years of public serv- a dear friend and an invaluable mentor, She has taught me so much in such a ice is remarkable—the first woman as she has been for all of the other fe- short period of time. And, as impor- elected to statewide office in Mary- male colleagues as the dean of women tantly, she has fostered an unbreakable land; the first Democratic woman Senators. bipartisan spirit among our colleagues elected to the Senate in her own right; It wasn’t until 1932 that Hattie Cara- that has resulted in important vic- the first woman in the Senate Demo- way became the first woman ever tories for the American public. cratic leadership; and the first Demo- elected to the Senate, and it wasn’t Thank you, Senator MIKULSKI, and cratic woman to serve in both Houses until a half century later in 1986 that, congratulations on your historic of Congress. Yet it is not her being against all odds, BARBARA MIKULSKI be- achievement. It is an honor to serve first that is the most impressive; it is came the first Democratic woman with you, and I hope to continue to her commitment to putting others elected to the Senate. That is right. serve with you for many years to come. first. BARBARA has shown that commit- When she arrived in the Senate, she I yield the floor. ment time and again. was just one of two women serving in The PRESIDING OFFICER. The Sen- In over 35 years in the Congress, she this body. Now the longest serving ator from New Mexico. has never wavered in her service to our

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Nation and her dedication to the people As someone who has had the privi- Senator MIKULSKI having arrived here of Maryland. She has fought for quality lege of knowing Senator MIKULSKI as the second woman to serve in the education. She has fought for Amer- since 1978 when I was first elected to Senate, along with the Senator from ican seniors. She has fought for wom- the House of Representatives, for me, Kansas, Senator Kassebaum, as she en’s health and for veterans. For this milestone represents a watershed said at the time—and that is why she women facing unequal pay, BARBARA moment in the life of American poli- was so willing to serve as a mentor for championed the Lilly Ledbetter Fair tics. other women who arrived in the Sen- Pay Act. For senior citizens facing For nearly 35 years, I have witnessed ate, because she was only one of two bankruptcy because of a spouse’s nurs- BARBARA MIKULSKI summon and har- women who were serving in this insti- ing home care, BARBARA wrote the ness a seemingly limitless reservoir of tution. As she said, the Senate had a Spousal Anti-Impoverishment Act. energy as a fierce advocate and a long tradition of every man for him- Yes, she is a trailblazer, but she blazes champion on behalf of the people of self. She was determined, she said, that those trails to help others—for young Maryland as well as the country. With it would not be every woman for her- people who dream of going to college, equal parts vigor and vigilance, she has self while she was in the Senate. for families facing devastating illness, demonstrated a devotion to her con- As my colleagues also well know, for opportunity for all Americans. That stituents that has been unerring in its when it comes to having an ally in the has been her passion, that has been her promise and ironclad in its purpose. legislative foxhole, there is none more true achievement, and that will be her It is precisely that caliber of service feisty, none more formidable, and cer- greatest legacy. that the people of Maryland have re- tainly none better than Senator BAR- When BARBARA was first elected to warded time and time again. BARA MIKULSKI. I have witnessed her the Senate in 1986, there was only one As I stated on this very floor at the tenacity firsthand, having worked with other female Senator. Now there are 17. outset of this Congress when she sur- her side by side over the decades, BARBARA is, rightly so, the dean of the passed the length of service of Maine’s whether on matters of equity for women. She is a mentor to her female legendary Senator Margaret Chase women in the workplace, ensuring gen- colleagues, but no less so she is an in- Smith, Senator MIKULSKI is synony- der-integrated training in the military, spiration to all of us. mous with ‘‘the special bond of trust working on cybersecurity, working on I admire BARBARA’s remarkable de- which should exist between the gov- every other issue where we are bring- termination and her tenacity, but also erning and the governed.’’ She has ing justice to those who have borne the her ability to work with others to get ‘‘recognized injustice and acted boldly brunt of injustice. things done. She will fight for what she to quell it . . . giving a voice to the Nowhere has her leadership been believes, but she will sit down to din- voiceless . . . power to the powerless.’’ more unmistakable, of course, or more ner with her colleagues across the What Senator Margaret Chase Smith monumental than in the area of wom- aisle. And she has never forgotten and Congresswoman Edith Nourse Rog- en’s health. I well recall, when I ar- where she came from. The daughter of ers exemplified as standard bearers in rived in the U.S. House of Representa- a Baltimore grocer, each night she re- the last century for length of service, tives in 1979, I joined what was then turns home to Baltimore. She has Senator MIKULSKI embodies in this cen- known as the Congresswomen’s Caucus never forgotten the values she learned tury—that the commitment to advanc- on Women’s Issues, which is where I ul- there: hard work, helping one’s neigh- ing the common good is bound neither timately became the cochair for a bet- bor, patriotism. by geographic region nor political af- ter part of the decade. Senator BAR- She is diminutive in height only. filiation but, rather, by an undaunted BARA MIKULSKI, at that time being in That was evident early on. The story is desire to serve others. the House of Representatives, served in well known how, as a young commu- A consummate role model and ad- that caucus as well. nity activist, BARBARA stopped that 16- mired mentor, Senator MIKULSKI al- When I arrived in the House of Rep- lane highway from coming through ways stands as a shining example that resentatives in 1979, there were only 16 Baltimore’s Fells Point neighborhood. the robust pursuit of policy and the women serving in that institution. She is not afraid to stand up to power, willingness to hear and consider dis- That is why the congresswomen’s cau- and she is not afraid of speaking senting views are not mutually exclu- cus was formed, to focus on those strongly to power. In all the ways that sive. As I have often said, Senator MI- issues that mattered to women and to count, Senator BARBARA MIKULSKI is a KULSKI knows only one speed, and that family and to children. We recognized towering figure. is full speed ahead. But by the same that it was our obligation and responsi- Albert Schweitzer once said: I don’t token, she only knows one way to gov- bility to work, to focus on those issues know what your destiny will be, but ern—through what she aptly referred because otherwise they would languish one thing I know for sure. The only to as the zone of civility. That ap- on the back burner rather than being ones among you who will be truly proach, so integral to making this in- on the front burner. We also under- happy are those who have sought and stitution work, is indisputably one of stood that if we did not focus on these found how to serve. This BARBARA MI- the hallmark measures of Senator MI- issues, if we did not advance these KULSKI has done. From her early days KULSKI’s longstanding success in public issues, no one else would. So we began as a social worker to her years in Con- life. Indeed, it is the blueprint for to tackle systematically many of the gress, she has served. She has served interaction that she has imbued in all discriminatory laws or inequities that long and well. of us who are women serving in the were embedded in Federal law that Congratulations, BARBARA. It is an Senate. She has worked to establish a failed to recognize the dual role women honor to be your colleague. tone of respect that infuses our con- were playing, both at home as well as I yield the floor. versations, our collegiality, our col- in the workplace. The PRESIDING OFFICER. The Sen- laboration. It is a personal cause to We began to work on these issues one ator from Maine. Senator MIKULSKI that is exemplified by one because there were so many Ms. SNOWE. Mr. President, I by the monthly dinners for women Sen- issues across-the-board that were af- couldn’t be more pleased as well as ators that she initiated along with the fecting women, where they were ulti- privileged to join all of my colleagues Senator from Texas Mrs. HUTCHISON, a mately bearing the burden and the con- today in congratulating a very good tradition that has become a catalyst sequences of these inequitable laws. We friend and colleague, the dean of the for camaraderie and central to what did that with respect to pensions, for women of the Senate, Senator BARBARA Senator MIKULSKI calls our ‘‘unbreak- example, where women discovered that MIKULSKI, on overtaking Congress- able bond.’’ after their husbands died, their pen- woman Edith Nourse Rogers as longest There has been no greater friend for sions had been canceled. serving woman in the history of the women who have come to serve in the We discovered it when it came to Congress. Senate, and I am sure it is a result of family and medical leave, which took

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SKI’s recordbreaking service, we con- The daughter of a smalltown grocery Then, of course, there was the issue gratulate her, we salute her, and we store owner, she has made strength- we discovered of discriminatory treat- are honored to be able to express a pro- ening the middle class the centerpiece ment in our clinical study trials. Re- found appreciation for her extraor- of her economic agenda because, as she grettably, at the time our National In- dinary and legendary tenure in the always puts it, the women in the Sen- stitutes of Health were actually dis- Senate. ate understand issues not just at the criminating against women and mi- I yield the floor. macro level but also at the macaroni- norities, excluding them from clinical The PRESIDING OFFICER. The Sen- and-cheese level. study trials because it was too com- ator from Minnesota. When BARBARA MIKULSKI came to the plicated to include women in these Ms. KLOBUCHAR. Mr. President, I Senate 26 years ago, she lit a torch study trials because we were bio- come to the floor this afternoon to cel- that has brightened the path for so logically different. As a result, any of ebrate BARBARA MIKULSKI’s service to many of us, for the 16 other women those treatments that were developed this country. I had the honor of pre- Senators who serve today and for all as a result of those trials could not be siding for the last hour and heard the the future generations of women lead- applied to women. Ultimately, this statements of so many of my col- ers who will lead our country forward. could make the difference between life leagues. I heard them talk about how, I am humbled to call her a colleague and death because the kinds of proce- when she joined this Chamber in 1986, and a friend, and I am honored to cele- dures and treatments that were derived BARBARA MIKULSKI was the first brate her incredible service to our from these clinical study trials could woman elected to the Senate who was country today. not be applied to women. not preceded by a husband or a father, I yield the floor. the first woman elected to the state- When we discovered that these in- The PRESIDING OFFICER. The Sen- wide office to serve the State of Mary- equities and this discriminatory treat- ator from Illinois. ment existed, we set to work on how to land, and only the 16th woman to have Mr. DURBIN. Mr. President, there redress this wrong. It is hard to believe served in the Senate ever. are several of my colleagues here who there was a time in America where Today she is truly the dean of women are continuing their tributes to Sen- women and minorities were systemati- Senators. She is a mentor and a friend ator MIKULSKI. I have a statement that cally excluded from these trials that, to the rest of us, and she has always set was scheduled at 5 p.m. that will take as I said, had lifesaving implications. the bar high. This is a woman who took all of 10 minutes, and then I will yield Who would have thought that women’s on city hall as a young social worker in the floor at that point. I don’t know if health would have been the missing Baltimore—and won. This is a woman Members who are on the floor want to page in America’s medical textbooks or who has championed landmark legisla- establish a queue of who will follow, merely an afterthought. tion that has touched the lives of mil- but if anyone wants to make that So I, as a cochair along with Con- lions on issues ranging from health unanimous consent request, I see that gresswoman Pat Schroeder in the care to education to civil rights. She Senator CARPER and Senator CANTWELL House, on behalf of the caucus, and, of has shattered glass ceilings, not just in are here on this side, Senator COATS is course, then-Senator BARBARA MIKUL- the Senate but in the Congress as a on the other side. I don’t know if Sen- SKI in the Senate teamed up in a close whole. ator SESSIONS is planning to speak bipartisan, bicameral collaboration to If that is not enough, she has even after I have spoken on a substantive establish the groundbreaking Office of graced the glossy pages of Vogue maga- matter beyond the UC request. Research on Women’s Health at the zine. Most of you may not have seen National Institutes of Health so that the photos that were taken in front of Mr. SESSIONS. No, although I never again would women be over- the Capitol Building with a number of wouldn’t mind seizing the opportunity looked when it came to key clinical other women leaders, including Meryl to speak about Senator MIKULSKI for a study trials that were underwritten by Streep, who was in town for a screen- minute, but otherwise, if the Senator the Federal taxpayers and Federal ing of her film ‘‘The Iron Lady.’’ So I has no—— funds. In fact, Senator MIKULSKI, as I think it is fitting, to borrow a phrase Mr. DURBIN. Mr. President, I am well recall, launched the key panel of from the Iron Lady herself, Margaret going to give a statement and make a stakeholders at Bethesda to give this Thatcher, who famously said, ‘‘In poli- UC request that I planned at 5 p.m. And initiative critical national attention tics, if you want anything said, ask a if I could suggest I be followed by Sen- and momentum—as only she could—as man; if you want anything done, ask a ator SESSIONS, and then Senator CAR- well as fundamental policy changes woman.’’ PER, Senator COATS—— that ultimately resulted from that I don’t think my male colleagues who Mr. COATS. If the Senator will yield panel that reverberate to this day, re- are here today will take offense at that on that, I don’t want to interrupt the sulting as well in lifesaving medical one since anyone who has ever worked tribute to Senator MIKULSKI, and I discoveries for America’s women. with BARBARA MIKULSKI knows she is a know the Senator has some business he That is the passion and power of Sen- force of nature. She may not be the has arranged. I will give mine another ator MIKULSKI that has led her to this tallest Member of the Senate, but she time. You don’t have to include me in historic day. BARBARA is not about leg- is certainly the most tenacious. She is the queue. I don’t want to spoil the acy, she is about problem-solving. As a tireless advocate for the people of her party. The tribute is worthwhile, and I somebody described it, her ideology is State, and she has a fierce and endur- will find another time to do this. grounded in the practical, and that is ing love for those she represents. She Mr. DURBIN. Mr. President, I wish to so true. It is not only the practical but knows where to pick her battles, and make an admission. I have spoken giving power to the people and devel- we have seen her face some tough de- about Senator MIKULSKI earlier and oping practical solutions in their ev- bates in the Senate over the past few this is a different issue. I suggest after eryday lives. years. Whether it was working to take Senator SESSIONS that Senator CARPER She is a guardian of the common C-sections off lists of preexisting condi- and Senator CANTWELL follow. I ask good, a woman who redefines the word tions at insurance companies or fight- unanimous consent that the Senators ‘‘trailblazer,’’ a pioneer of public pol- ing to ensure equal pay for equal work be recognized in the order I have noted. icy. Senator MIKULSKI continues to for women or promoting better edu- The PRESIDING OFFICER. Without shape the landscape of our Nation for cational opportunities for children objection, it is so ordered. Would the

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AmeriCorps Senator MIKULSKI be placed in a sepa- I asked my staff to go to the Web is an organization that encourages rate part of the RECORD. page for Senator MIKULSKI, her Senate young people—really people of all The PRESIDING OFFICER. Without office, and I came across one paragraph ages—to volunteer and to serve. Volun- objection, it is so ordered. which I wish to read to my colleagues, teers are the ages of our pages and a (The remarks of Mr. DURBIN and Mr. if I may. It says: whole lot older and the ages of guys SESSIONS are printed in the RECORD Barbara Mikulski has never forgotten her like me. We all have an obligation to under ‘‘Cameras in the Courtroom.’’) roots. Throughout her career she has re- serve and to bring that spirit of serv- Mr. SESSIONS. Mr. President, al- turned each night to her home State of Bal- ice, whether or not we are in public though I do not have prepared remarks, timore, Maryland. From community activist life. to U.S. Senator, she has never changed her I wish to join with my colleagues in view that all politics is indeed local and that I was struck by the fact that she making a few comments about Senator her job is to serve the people in their day-to- often opened the store as a kid, begin- MIKULSKI. day needs as well as prepare this country for ning a lot of her days as her dad opened Senator MIKULSKI is a great Senator. the future. the family grocery store, early in the She is a delight to work with, a formi- Sometimes people have come to Con- morning in east Baltimore. I was born dable adversary, and a formidable ally gress over the years and they come un- in West Virginia in a town called Beck- in any important debate. She is some- derstanding clearly that our job is to ley. I lived there for about the first 6 one whom all of us respect and admire. serve. Over time, somehow they lose years or so of my life, but I would go It surprises me she has been at this that thought a little bit and it is less back many summers, and I had the op- business so long. It doesn’t seem as clear who is to be served and who is to portunity to work there for a super- though it is possible. She certainly be the servant. She has never forgotten market, a mom-and-pop supermarket, hasn’t lost her enthusiasm for the job who the servant is. She knows she with my own grandfather who opened and she has played an important role came as a servant, and she will leave the store almost 6 days a week, and I in quite a number of issues with which someday as a servant—hopefully, not had the opportunity to see him and his the country has had to deal. anytime soon. work and what he brought to that store I remember her leadership on an im- If we ask most people around here every day as the butcher. I think I portant issue during the post-9/11 time, what are maybe one or two words that know more about serving by working when we were wrestling with how to best describe BARBARA MIKULSKI, I my summers in that store than any- deal with security for our country. She think a lot of people would say she is a thing else I have ever done. I suspect spoke firmly and strongly in favor of fighter. Let me just say, if someone is one of the reasons BARBARA has adopt- firm action to defend America from at- an advocate for a particular cause, she ed and retained the spirit of a servant tack. is the person one wants in the foxhole is because of her childhood and growing Another issue I don’t think has been with them. There is no better advocate, up and seeing her own family, her own mentioned but is exceedingly impor- and there is no better or more able op- dad, in that particular store. tant—something I have observed her ponent on an issue. It is a lot better to I mentioned my grandfather in West deal with and provide leadership on for have her on your side than it is to have Virginia. His wife, my grandmother, some time—is space and NASA. She is her against you. suffered from Alzheimer’s disease. My one of the absolutely most knowledge- I take the train home at night. I go grandmother’s mother suffered from able and experienced Members of this through Baltimore on my way to Wil- Alzheimer’s disease. My own mother Senate and the entire Congress in deal- mington, DE. Along the route, we go by suffered from Alzheimer’s disease. I ing with the complexities and the a place called Aberdeen. Sometimes don’t think there is anybody in this needs of NASA and she is a champion the train stops there; sometimes it body who has done more to lead the and advocate for exploration of space. does not. We have seen Aberdeen Prov- fight to ensure that this scourge of our This is an area where America has led ing Grounds literally consolidated from society—and the scourge of people all the world, and for all her time in the around the country. Much of the im- over the world—is reined in and over- Senate, she has been a champion of ad- portant research activity the Army come. When that day comes, people vocating that the United States main- does is at the Aberdeen Proving will stand and say: I did something tain this leadership because I think we Grounds. The person more than any- about this. Nobody in this body I think share the view that America is a na- body else who has made that possible is can take more credit for conquering tion of explorers. We are a nation that BARBARA MIKULSKI. It is a vast facility, Alzheimer’s disease and dementia than leads the world in exploring and it is with tens of thousands of employees BARBARA MIKULSKI. part of our DNA. So I appreciate her who I think are mostly civilian and a Finally, when people think of BAR- leadership in that particular area, as I campus of over 100,000 acres that does BARA, they think of a fighter, an advo- have watched her with great admira- great work, helping to provide for our cate for voluntarism, and some of the tion in her activities. defense against all kinds of attack, for- other things I talked about. I don’t I didn’t realize this tribute would be eign and domestic. She is a great per- know that many people think of her as going on this afternoon and I didn’t son to have on your side in leading an athlete, but I will say that she is have prepared remarks, but I wish to that fight. very a big advocate for leveling the join with my colleagues to say how One of the other things I love about playing field. She wants to make sure much I appreciate her efforts. We cele- BARBARA is her devotion to first re- people not just in athletic endeavors brate her great accomplishment in the sponders. There is a big national fire have a level playing field in which to Senate. I believe that as we go forward, school in a town called Gaithersburg, compete, but she wants to make sure we will find that on issue after issue MD. She has helped make that place young people coming from the most she will play a critical and a positive possible to not only train folks who are impoverished backgrounds have an op- role in making America a better place. first responders for the people of Mary- portunity and have a real shot at life I thank the Chair and I yield the land, but they train as well first re- to get a decent education as a child, floor. sponders for virtually every State in the chance to go to college and to in- The PRESIDING OFFICER. The Sen- every corner of this Nation. People will crease their potential to not just earn ator from Delaware. go to bed tonight knowing that if there money and support their families but

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to live productive lives. Those are just SKI is the Senator who is always there she is considered one of the wise Mem- some of the things I think about when with you to make sure you can achieve bers when it comes to strategy on so I think of BARBARA MIKULSKI. what you want to for the State you many policy issues. I will close by saying she had been in represent. We are better off as a body because the House I think for 6 years when I ar- I know for me I am very excited—my BARBARA MIKULSKI has served with us, rived in 1982, 1983, and for all the time colleague from Alabama was men- and we are looking forward to many we served there together, she was al- tioning Senator MIKULSKI’s love of more years of wisdom and, hopefully, ways very encouraging of me, very sup- NASA and space exploration—in that I many more women Senators joining portive of me as her Delmarva buddy, can say Senator MIKULSKI is certainly the ranks of BARBARA MIKULSKI in as we shared the Delmarva Peninsula. interested also in sci-fi, and I would their tenure. Even to this day we work together to call her a ‘‘techie’’ Senator because she I thank the Presiding Officer and make sure we have a strong, vibrant certainly has shown a great deal of in- yield the floor. poultry industry on the Delmarva Pe- terest in technology and science. The PRESIDING OFFICER. The Sen- ninsula. I like to say we are still Del- As the Chair of the Commerce, Jus- ator from Minnesota. marva buddies as we look out for the tice, and Science Appropriations Sub- Mr. FRANKEN. Mr. President, I rise mutual concerns of our respective committee, she was a key partner in today also to pay tribute to my col- States. the funding of key science and tech- league, the senior Senator from Mary- With that having been said, let me nology issues, and for us in the State of land, BARBARA MIKULSKI. yield back my time. I see Senator Washington, when we needed a new As everyone has said, this is a land- CANTWELL is ready to speak. My guess Doppler radar technology system, she mark, this is a milestone: the longest is, she is going to say some more was there to help ensure that those serving woman Senator and Member of things about BARBARA. But those are people who lived in coastal regions Congress in the history of Congress, some things I am glad I had a chance were going to have the appropriate pro- serving more than 35 years. to say. tections they needed for understanding As a relatively junior Member of this The PRESIDING OFFICER. The Sen- inclement weather. body, I love BARBARA MIKULSKI. I love ator from Washington. She also has helped in prioritizing ef- her because she calls me ‘‘FRANKEN.’’ Ms. CANTWELL. Mr. President, I do forts such as the cleanup of the Chesa- That is music to my ears. We are in the rise to celebrate the remarkable peake Bay in Maryland—something we caucus lunch, I may be in her way, and achievements of my colleague from in the Northwest relate to because we she says: FRANKEN. Maryland, Senator MIKULSKI. strive to have the same cleanup of I am not only a relatively junior Sen- Last January we celebrated an obvi- Puget Sound. ator, I actually kind of recently was a ous achievement of her becoming the We have worked together on impor- comedian at one point. And she is real- longest serving female Senator. And tant legislation, such as passing the ly funny—BARBARA. I remember the last Saturday that milestone entered Lilly Ledbetter legislation. first time I saw her speak—it was years another chapter, with her 12,858 days of But it is BARBARA MIKULSKI—when it ago, years ago; I cannot remember serving the people of Maryland in Con- comes to protecting women’s access to what the event was—and I am going to gress, which means she is now the long- health care or standing up to any at- try to quote her joke. It was her joke, est serving female Member of Congress. tack on Medicare—who is the most ar- remember, about herself. She talked I know BARBARA MIKULSKI started ticulate, the most determined, the about her first campaign effort. I think her career fighting for Fells Point, a most persevering advocate to make it was for city council or something particular location in the Baltimore sure women’s issues and their cause are like that. She said: I knocked on 7,387 area that she thought deserved and understood in the U.S. Senate. doors, and I walked a total of 372 miles, needed to be protected, and that galva- I was proud to stand with her when and I didn’t lose a pound. nized her to 35 years of service, where she went up against the House plan to So I love BARBARA. And she is a she has been a trailblazer on so many defund critical women’s health care ac- force—a force—of nature. Being the issues. cess and there was a near shutdown of dean of women here is not her most Many people have talked about those government. As people tried to pres- commanding title. Her most com- today—about being the first woman sure Planned Parenthood, she was manding title is: a fighter. She is a elected to statewide office in Mary- there to make sure we continued im- fighter. When she commits herself to a land, the first Democratic woman to portant programs such as breast cancer cause, she is a true champion. serve in both Houses of Congress; the screening. She is a true champion for America’s first Democratic woman to sit in a So today I join my colleagues from seniors, preserving pensions; of Medi- Senate leadership position, and the the Senate to thank her for those years care, defending Medicare—boy, do not first Democratic woman to be elected of service in the U.S. Congress, both in attack Medicare around BARBARA MI- to the Senate in her own right. the House and the Senate. While she KULSKI—and combating poverty. No Throughout her career, she has faith- may represent Maryland, we all want one works harder for quality edu- fully provided a very strong voice for to claim that we are better off as a cation, fighting to make sure every the people of Maryland. But it is here country having BARBARA MIKULSKI in child has a quality education, so that in the Senate we have all gotten to see the U.S. Senate. child can pursue the American dream. BARBARA MIKULSKI, the dean of the And to my colleagues—or to the And she is committed to fulfilling our women Senators, and to see her incred- young people who are here with us on country’s promises to our veterans, ible work as a trailblazer on so many the Senate floor—to understand this which is so important, and to increas- important issues. moment and achievement, you have to ing community service and volunta- She has been a tireless champion on understand that in the whole history of rism. issues from pay equity to increasing our country, there have only been 39 As anyone who has watched pro- access to college education, for wom- women Senators, and a good number of ceedings here in the Senate knows, en’s health, for women’s health care those women Senators only served a BARBARA MIKULSKI, as my colleague law, and time and time again she has few days or a few years. So the fact from Washington stated, is the great- proven she knows how to fight on the that somebody has achieved not just a est champion in the body for women’s right side of the issues. seat in the U.S. Senate but a leadership health. Here is something that is pret- For the women of the Senate, she is position in the U.S. Senate is an in- ty amazing to understand. I want the an incredibly important ally. When it credible achievement. pages to hear this. She fought to in- comes to each of us who comes to the We are glad she has represented a clude women in NIH clinical trials. U.S. Senate, to find our way and to time when women have ascended to Women were not included in the Na- make our own mark, BARBARA MIKUL- leadership in the U.S. Senate, where tional Institutes of Health clinical

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That is who we are talking about who used her resources as chairwoman vulnerable and a particular passion for today. of a committee to make sure some- the State of Maryland forward every She has improved access for women thing you feel strongly about will be day she has served in the House and to mammograms and cancer aired, will be discussed. Senate. She has served on numerous screenings—for all women. She has You learn from BARBARA that what committees. She is a subcommittee fought for women to have their own we do around here is not so much about chairperson on the Appropriations say over their own body and reproduc- policy, it is about people. For her, it is Committee—Commerce-Justice- tive system. Basically what I am say- about the people of Maryland. She goes Science. She has devoted herself to ing is, when you have BARBARA MIKUL- to bat for them time and time and time those issues, and many more. She SKI on your side, you have a strong again. It is about kids. And it is about serves on the Select Committee on In- voice in the U.S. Senate. women, who often have to be both the telligence and has been a key member We have heard reference to her ac- breadwinner and the caregiver, and of the Senate Health, Education, complishment on the Lilly Ledbetter who should have every right and every Labor, and Pensions Committee. She Fair Pay Act. When advocating for this opportunity at work and in society has left her mark on a broad range of bill, Senator MIKULSKI said: that men have. programs that touch each and every Women earn just 77 cents for every dollar As both a Member of the Senate and [their] male counterparts make. Women of American family. She has been par- color get paid even less. The Lilly Ledbetter as a father of a wonderful daughter, I ticularly active in women’s health, en- Fair Pay Act will empower women to fight am enormously grateful to Senator MI- suring that women were included in for fair pay by once again making employers KULSKI for being a tremendous role NIH clinical trials, where in the past accountable for pay discrimination. I will model to women in this country, for they were ignored. fight on the Senate floor to get this bill having fought her way to the Senate, Since one cannot ignore BARBARA MI- passed. and for proving that legislating was KULSKI—which is virtually impossible— And the bill was passed. It was the not a man’s job—or only a man’s job— she made it a reality that they cannot first bill President Obama signed in of- it is a man’s job too. ignore women in NIH clinical trials, re- fice. This body is so much the richer for quiring Federal standards for Senator MIKULSKI and I share a num- her, and Americans are so much better mammographies, ensuring uninsured ber of passions. One of them is early off as a result. But her work, our work women have access to screenings and childhood education. Increasing early is not over. Out of 100 Senators, there treatment for breast and cervical can- childhood education—access to it—is are still only 17 women. Our Nation is cer. She increased research dollars for one of my top priorities because we facing tremendously difficult chal- Alzheimer’s and enhanced the Older know over and over that the benefits of lenges, and having more women like Americans Act. early childhood education have been Senator MIKULSKI in the room will help She has been, since her first days in demonstrated. And BARBARA knows us solve those problems. I am glad she the House of Representatives, at the this. I wanted to have a hearing on just is here leading the way. forefront in advocating for better With that, I would like to thank BAR- the economic benefits of early child- health care and education particularly hood education—just the economic BARA for her leadership, her friendship, for the most vulnerable among us. She benefits—because a child who has a and for being such a fierce advocate. has been a champion of national serv- quality early childhood education is Congratulations, BARBARA, on your ice, understanding that in a great less likely to be a special ed kid, is less achievements thus far and on this country one has to contribute as well likely to be left back a grade, has bet- milestone. I look forward to many as benefit. ter health outcomes; a girl is less like- years fighting alongside you. She said one of the things she is most ly to get pregnant before she graduates The PRESIDING OFFICER. The Sen- proud of—in her words—‘‘strengthening from high school, a child is more likely ator from Rhode Island. the safety net for seniors by passing to graduate high school, more likely to Mr. REED. Mr. President, I rise, the Spousal Anti-Impoverishment Act. go to college, more likely to graduate along with so many colleagues, to pay This important legislation helps keep college, more likely to get a good-pay- tribute to Senator BARBARA MIKULSKI, seniors from going bankrupt while pay- ing job and pay taxes, and much less an extraordinary woman and Senator, ing for a spouse’s nursing home care.’’ likely to go to prison. It has been someone who has become the longest That is a fitting and representative shown over and over that the cost-ben- serving woman in the history of the example of her service. Throughout her efit is, for every $1 spent, like $16 in re- Senate, indeed, in the history of the service, she has maintained national turn. Congress. She surpassed, on January 5, priorities but has never taken her eye I wanted to get a hearing just on 2011, the record of Republican Senator off Maryland. She commutes every this. Because we were talking about Margaret Chase Smith as the longest evening back to Baltimore. She works education, I thought this needed to be serving Senator. Just this Saturday, hard to ensure that the people in Mary- discussed, and we needed experts, she became the longest serving woman land benefit because of her activities. economists who were credible on this. in the history of the Congress, sur- I also thank her for the kindness and So I went to BARBARA and she, of passing the tenure of Edith Nourse help she has given me personally—her course, said: Oh, yeah. OK. Let’s do it. Rogers, a Republican Congresswoman concern, for example, with the fishing She is Chair of the Subcommittee on from Massachusetts, who served in the community in Rhode Island, which is Children and Families. I thought that House from 1925 to 1960. under her jurisdiction on the Appro- would be a good place to do it, except Senator MIKULSKI is the first female priations Committee, and in other I am not on that subcommittee. I am Democrat to be elected to the Senate ways. She has been terribly important on the HELP Committee, which this is in her own right in 1986. She is a and kind to us. She was instrumental a subcommittee of, but I am not on woman of many firsts. She is indeed in helping us to secure funding for the that subcommittee. She said: OK, that the dean of the Senate women—I would HOPE VI project in Newport, RI, which doesn’t matter. You come anyway. And actually say a dean of the Senate, with has created extraordinary beneficial not only that but: What witness do you her great energy, her great eloquence, housing for a mix of incomes in New- want? and her great passion, particularly for port. It is one of the most attractive as She let me pick a witness, Art those who are often overlooked in our well as one of the most stable commu- Rolnick, an expert in early childhood society. She comes at it honestly. She nities I think anyplace in the Nation.

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I simply want to say the causes we care about and to justice County; Ohio University, in Athens, at this special moment in Senator MI- in this country, and on the Appropria- OH; and Xavier University, also in Cin- KULSKI’s career, we thank her, admire tions Committee, where she cuts a wide cinnati, for their outstanding run so her, respect her, and she has set a great swathe of involvement for Maryland far and making our entire State proud. example for us. In the days ahead, she and this country, she champions wom- I am hosting, for the fifth time, an will not only continue to inspire and en’s health and many talked about this annual Ohio College President’s Con- sustain us, she will continue to sustain earlier. She cares so much about the ference next week. We bring in 50 to 60 and lead in her State. National Institutes of Health, not just college presidents to meet with each I yield the floor. because it is located in Maryland but other and with me and we bring in peo- The PRESIDING OFFICER. The Sen- because it matters so much for sci- ple from the administration, Repub- ator from Ohio. entific research, for curing a whole licans and Democrats, House and Sen- Mr. BROWN of Ohio. Mr. President, host of diseases and preventing dis- ate Members, who lead on higher edu- some time ago, I was reading a book eases, and the number of jobs NIH cre- cation issues. We bring 55 or 60 college about the beginnings of the interstate ates, not just government jobs but the presidents in from Ohio for a day and a highway system in our country. I came jobs that come out of commercializa- half, and there are public and private across a paragraph when the highway tion of scientific research. institutions, 2-year community col- builders and the Federal Government My State is one of the leaders; leges, and 4-year colleges and univer- were going to run the interstate high- whether the jobs come out of Cin- sities. They learn best practices from way through some stable middle-class, cinnati Children’s Hospital, Southwest one another. They build relationships working-class neighborhoods of Balti- Hospital, and where Case Western Re- that help all 55 or 60 of these college more. The highway administration was serve University is and its medical cen- Presidents to do better. greeted by an organizer who, on behalf ter around Cleveland, we see that kind Perhaps, we will talk more about col- of citizens of this neighborhood, said commercialization. lege sports this year because of these this is not the place to put this high- I often call her Coach B because she four Ohio teams that made the Sweet way. She was successful in convincing is someone who has been around here a 16. them that the highway should go else- long time and is always willing to ad- We also know another point of ref- where so it would not be disruptive of vise newer and younger Members. She erence for Ohio this year was that March Madness started in Dayton, in so many homes, well-established small has been following, especially in my what has become an important tradi- businesses, and the cohesive commu- State, what is important, the issue of tion to Miami Valley and our country. nity in that part of Baltimore. The health care. My State has some of the This weekend, before the games start- woman who led that effort several dec- leading health care institutions in ed, Dayton’s Oregon District hosted ades ago was BARBARA MIKULSKI. She America. Also, what she has done with the First Four Festival, where 15,000 was not yet on the city council. She the space program—the only NASA fa- people crowded local restaurants and was a citizen who spoke for her neigh- cility north of the Mason-Dixon line is bars, listened to live music, and bors and has continued to do that as a in Cleveland, with a satellite in San- member of the city council and then as watched games on big screens. dusky, NASA Glenn, named after A few days later, President Obama a Member of the House of Representa- former Senator and astronaut, John and British Prime Minister David Cam- tives and for many years—31⁄2 decades— Glenn. She has been one of the strong- eron came to the same city where the of the Senate. est advocates for the space program, Dayton peace accords were negotiated We heard Senator REID and others and science, technology, and R&D. She and joined the Dayton community and earlier today talk about Senator MI- has been particularly helpful to me as teams from Kentucky, Mississippi, New KULSKI being the first female Democrat I fight for the kind of work NASA York and Utah and their fans to watch to serve in both the House and Sen- Glenn does in Cleveland, and I am ap- the first rounds of the NCAA Division I ate—to be elected to the Senate with- preciative of her for that. men’s tournament at the UD Arena. out succeeding a husband or a father I yield the floor, and I suggest the ab- The UD—University of Dayton—Arena and first to chair an Appropriations sence of a quorum. now holds the national record for the subcommittee. Most important, she The PRESIDING OFFICER (Mr. BEN- number of NCAA basketball tour- helped to blaze this path. In 1987, there NET). The clerk will call the roll. nament games held in a single venue. were only two female Senators. One The bill clerk proceeded to call the The business community in Dayton, was the daughter of a Presidential roll. one of the most active in the country— nominee a generation earlier, and the Mr. WHITEHOUSE. Mr. President, I the Dayton Development Coalition— other was BARBARA MIKULSKI. Today, ask unanimous consent that the order rallied together to make sure military there are 17 female Members of the for the quorum call be rescinded. families from Wright-Patterson Air Senate. It doesn’t look like America The PRESIDING OFFICER. Without Force Base were able to attend, and yet. There is not anything close to the objection, it is so ordered. $3.5 million was pumped into the local number of minority members as a per- (The remarks of Mr. WHITEHOUSE per- economy, showcasing the Miami Val- centage of the population, but I hope taining to the introduction of S. 2219 ley’s world-class tourism infrastruc- that changes. I think it will. It doesn’t are printed in today’s RECORD under ture of hotels, parks, entertainment, come close to representing the gender ‘‘Statements on Introduced Bills and and recreation. makeup of our society. But to go from Joint Resolutions.’’) We saw the same thing later in the 2 female Senators, when she first came, OHIO’S COLLEGE BASKETBALL EXCELLENCE week in the Arena District of Colum- to 17 today—and if I can predict elec- Mr. BROWN of Ohio. Mr. President, I bus, where the city hosted games on tions, which none of us can, and we cer- rise to talk about a new record that the opening weekend. Local Columbus tainly cannot try—I think there is a has been set. It has nothing to do with leaders and businesses hosted teams good chance there will be a number of the number of votes the highway bill from St. Louis, North Carolina, Michi- additional women in this body this garnered last week in the Senate, and gan, New York, Tennessee, California, time next year. it has nothing to do with length of and Washington, DC, with their fans. I wish to say a couple more things service of Senator MIKULSKI. The city expected a $10 million im- about Senator MIKULSKI on a less seri- For the first time in history, this pact on the local community, with tens ous note. I have been privileged to year one State has four teams in the of thousands of people staying at ho- serve on two committees with Senator Sweet 16 of the NCAA Men’s Division I tels, eating in restaurants, and enjoy- MIKULSKI—one being the Health, Edu- basketball tournament: Ohio. ing one of the fastest growing cities in

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3801 America, where, I might add, the Pre- tion and Affordable Care Act. How im- would violate due process rights of one siding Officer once lived. We saw a portant is this Supreme Court case on or more parties. boost in tourism in northern Ohio, health care reform? Well, health care is In our view—Senator GRASSLEY and where Bowling Green hosted the first such an important issue that Congress myself—this is a reasonable approach and second rounds of the NCAA wom- spent 1 year drafting and debating a that balances the public’s need for in- en’s basketball tournament. Organizers bill that the Court is going to consider formation and transparency, the con- in Bowling Green said the games were next week. stitutional rights of those before the more than about basketball, it was Health care has been a critical issue Court, and the discretion of the Jus- about people from across the Nation for so long in our country that in the tices. coming to town and boosting the sales last century, nine different Presidents It is no secret that Senator GRASS- of small businesses. have spent time, energy, and political LEY and I have strong disagreements All the excitement and economic ac- capital fighting for reform. It is so im- about the actual law that is going to be tivity goes to show that Ohio is a tre- portant that the Supreme Court re- considered by the Court. We have mendous attraction of basketball tour- served 6 hours for oral argument over taken to the floor many times to ex- ism and basketball talent. As the tour- the course of 3 days to consider the plain our positions. Despite our dis- naments continue, and Ohio’s teams act’s constitutionality. The last time agreement on the substance of the continue to win, I look forward to the Court dedicated that kind of time health care bill, Senator GRASSLEY and working with our communities and our to any one case was in 1966—if I am not I agree on a bipartisan basis to stand business leaders to further leverage our mistaken, that was 46 years ago—when united in full support of S. 1945, which assets in tourism and recreation to it considered Miranda v. Arizona. Not would finally bring transparency and help create jobs throughout our State even the health care case is important open access to Supreme Court pro- and to promote economic development. enough for the Supreme Court to jus- ceedings. I thank the Presiding Officer, I yield tify breaking its antiquated tradition We are not the only Members of this the floor, and I suggest the absence of of allowing cameras to televise the pro- body who believe these proceedings would produce greater accountability. a quorum. ceedings, so the American people are In past years the Cameras in the Court- The PRESIDING OFFICER. The not going to have a chance to see and room Act enjoyed bipartisan support. clerk will call the roll. hear these historic arguments for The last sponsor of the act before he The legislative clerk proceeded to themselves as they take place. call the roll. I cannot predict the outcome of the left the Senate was Senator Arlen Mr. DURBIN. Mr. President, I ask case, but I can tell you what to expect Specter of Pennsylvania. This version unanimous consent that the order for just outside the doors of the Supreme of the bill, very similar to his own, has the quorum call be rescinded. Court. It is a scene we have seen over the support of Senators CORNYN, KLO- BUCHAR, SCHUMER, BLUMENTHAL, GILLI- The PRESIDING OFFICER. Without and over again for decades. Thousands BRAND, HARKIN, and BEGICH. As Senator objection, it is so ordered. will gather outside the Court. Many GRASSLEY would note, Democrats and Mr. DURBIN. Mr. President, I ask are going to camp overnight, sleeping Republicans from both Chambers have unanimous consent that following on the sidewalk in the hopes of getting written to the Supreme Court asking it morning business on Thursday, March about 1 of 200 seats available to the to permit live televised broadcasts of 22, the Senate resume consideration of public. The vast majority of those the health care reform arguments. H.R. 3606; that the time until 12:30 p.m. wanting to see the Supreme Court ar- In November, Senators BLUMENTHAL, be equally divided between the two gument on one of the most important SCHUMER, and I wrote a letter to the leaders or their designees; that at 12:30 cases of our time will be told: No, you p.m., the postcloture time be consid- Chief Justice making a request to open are not allowed to come inside the the Supreme Court for this historic ar- ered expired and the Senate proceed to Court. We don’t have room for you. In votes on the following: Reed No. 1931, gument and let America hear the argu- a democratic society that values trans- ments made before the Court and the Merkley No. 1844, as amended, if parency and participation, there can- questions asked by the Justices in open amended, and passage of H.R. 3606, as not be any valid justification for such court. Chief Justice Roberts responded amended, if amended; that there be 2 a powerful element of government to to our request last week, and it sounds minutes, equally divided in the usual operate largely outside the view of the as though he sent the same letter to form in between the votes; that upon American people. Senator GRASSLEY. The Chief Justice disposition of H.R. 3606, the Senate For too long the American people informed us that the Supreme Court then proceed to the consideration of have been prevented from observing has respectfully declined to televise the House message to accompany S. open sessions of the Supreme Court. the health care arguments, but that 2038, the STOCK Act; that there be 4 Except for the privileged few, the VIPs, the Court would graciously offer an al- minutes of debate, equally divided in the members of the Supreme Court bar ternative. the usual form prior to the vote on the or the press, the most powerful Court Here is the alternative: The Court motion to invoke cloture on the mo- in our land—some might argue in the will post the audio recordings and un- tion to concur in the House message to world—is inaccessible to the public and official transcripts to the Court’s Web accompany S. 2038; that if cloture is in- shrouded in mystery. site a few hours after the arguments voked on the motion to concur, that all I am pleased to stand in the Judici- are over. For that gesture, I guess we postcloture time be yielded back, the ary Committee with Senator GRASS- can congratulate the U.S. Supreme motion to concur with an amendment LEY, the ranking member of the Judici- Court for entering the radio age. Amer- be withdrawn, and the motion to con- ary Committee, asking that the Senate ica entered the radio age 90 years ago. cur be agreed to; that the motions to pass our bipartisan bill that would re- The Supreme Court is catching up with reconsider relative to the above items quire televising open Supreme Court a delayed broadcast-audio only. But I be considered made and laid upon the proceedings. With the benefit of mod- think America deserves better. table; and that all after the first vote ern technology, the Supreme Court Decisions that affect our Nation be 10-minute votes. proceedings can be televised using un- should be accessible by the people who The PRESIDING OFFICER. Without obtrusive cameras and the Court’s ex- are affected by those decisions and objection, it is so ordered. isting audio recording capability. Our they should be produced in a way that CAMERAS IN THE COURTROOM bill respects the constitutional rights Americans can both see and hear. The Mr. DURBIN. Mr. President, by this of the parties before the Court and re- day of the fireside chat is gone. The time next week, the Supreme Court spects the discretion of the Justices. day of radio transmissions exclusively will have finished hearing oral argu- The Court can decline to televise any is gone. Television—and increasingly ments in the case challenging the con- proceeding where the Justices deter- even the Internet—is the dominant me- stitutionality of the Patient Protec- mine by a majority vote that doing so dium for communicating messages and

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3802 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 ideas in modern America. It is not too pened as a result of the pilot program. UNANIMOUS CONSENT REQUEST—S. 1945 much to ask the third branch of gov- At the end of the day 19 of the 20 judges Mr. DURBIN. Mr. President, at this ernment at the highest level to share most involved concluded that the pres- point I wish to make a unanimous con- the arguments before the Court with ence of cameras in the Federal courts sent request relative to this bill that the people of America. Understand, ‘‘had no effect on the administration of would open the Supreme Court pro- there will be hundreds of people justice.’’ ceedings to be televised. present and watching this as it occurs. Don’t take my word for it. Kenneth I ask unanimous consent the Senate It is not confidential or private. It is Starr, former Solicitor General and proceed to the consideration of Cal- only kept away from the rest of Amer- independent counsel, supports our bill endar No. 319, S. 1945, a bill to permit ica because this Court doesn’t want and said this: the televising of Supreme Court pro- America to see the proceedings. ceedings; that the bill be read a third This fear seems groundless . . . The idea time and passed; and the motion to re- The Supreme Court is an elite insti- that cameras would transform the [Supreme tution in our government. Every mem- Court] into ‘‘Judge Judy’’ is ludicrous. consider be laid upon the table with no ber of the Supreme Court went to one intervening action or debate. For more than 30 years State courts of two Ivy league law schools. Most of The PRESIDING OFFICER. Is there have broadcast their proceedings and, the clerks before the Court come from objection? in fact, what they found hasn’t de- one of seven law schools. None of the Mr. SESSIONS. Mr. President, re- tracted at all from the pursuit of jus- current Justices has run for public of- serving the right to object, I want to tice. Every State in our Nation permits fice. None of the current Justices has congratulate my colleague Senator all or part of the appellate court pro- tried a death penalty case. And the DURBIN for his able articulation of his ceedings to be recorded for broadcast view. This is a matter that the Senate lawyers who appear before the Supreme on television or streaming on the and the Congress has considered for Court are part of a small and exclusive Internet. Expanding access to the Su- quite a number of years. It has not de- club. Perhaps this limited exposure is preme Court by televising its pro- cided to take this step to direct a co- why many on the Court don’t seem to ceedings should not be controversial. equal branch of government on how to fully appreciate the impact its deci- Public scrutiny of the Supreme Court conduct their business, and I don’t sions have on everyday America, and proceedings produces greater account- think we should. So I think it would be why the American people deserve to ability, transparency, understanding, inappropriate to pass this on a UC have more access to the Court’s public and access to the decision-making in without a full debate and discussion proceedings. Since the Supreme Court government. Congressional debates and a full vote on it. is the finalword on constitutionality, have been fully televised for more than So I would say that. on issues that impact the lives of every three decades. Also, I would note the Justices have American, the American people should There are people who follow the C– opposed this policy. I think we have a have full and free access to its open duty to respect the coequal branch of proceedings on television. SPAN broadcast religiously. I know. I meet them regularly. As I said in the our government. They feel as though it Let’s be clear about one thing: Our would impact adversely the tenor and bill only applies to court sessions that Judiciary Committee, people will come up to me and say: One of your col- tone of the oral arguments. The Jus- are already open to the public. Su- tices would also have to feel a burden preme Court Justices should be able to leagues looks a little bit under the weather. Does he have the flu? Is he and explain why they are asking a consult with each other, review cases, question, perhaps citing a case by and deliberate privately. No one in this sick? By observing C–SPAN or fol- lowing the floor of the Senate and name that all the lawyers would know bill, or otherwise, is calling for those but having to explain to nonlawyers private deliberations to be televised. I knowing each of us, they think on a more personal basis. They hear these now what is on their minds as a part of believe that televising private delibera- their process of questioning. So I think tions or closed sessions of the Court statements, they listen to the debates, and they feel better informed about that is a factor. would cause harm to our judicial sys- I would also note it raises constitu- their government. Wouldn’t the same tem. Our bill does not require that and tional questions. Why would we want apply across the street in the Supreme I would not support that. Open sessions to push to the limit and perhaps push Court? of the Court, however, where members over the limit and try to dictate to a of the public are already invited to ob- Opponents of our bill say the public coequal branch how to conduct the ad- serve are a different matter. They will be misinformed because all they judicative process? Not the political should be televised in real time and see are brief clips of the Court’s pro- process; we are the political branch. widely available. ceedings that could be misconstrued. Theirs is the nonpolitical branch, Some who oppose our bill say that As I said, this argument sounds a lot where Justices are given lifetime ten- the elite cadre of seasoned lawyers like an editorial from a few years ago, ure so as to insulate them from pres- with the rare opportunity to argue be- and it said: sure and to allow them to dispassion- fore the highest Court in the land will Keeping cameras out [of the Supreme ately decide complex issues. I would grandstand in front of the cameras, Court] to prevent people from getting the also note that in terms of what is said risking their professional reputations wrong idea is a little like removing the and how an argument goes, there is no and even their clients’ cases. Some say paintings from an art museum out of fear difference, I suppose, between that and that the Court’s Justices, who have that visitors might not have the art history background to appreciate them. what goes on in chambers when the been subjected to the most rigorous Justices meet in private and talk about vetting process known to man and the In 1986, Chief Justice Burger wrote what issues are before the Court and most widely covered confirmation the following words in the Supreme how they should be decided. hearings, will shrink from the camera’s Court’s Press-Enterprise Company v. What is important in the adjudica- glaring lens. I don’t buy it. The experi- Superior Court opinion. These words tive branch? What is the criteria and ence of the State and Federal courts are as true today as they were in 1986: the fundamental essence of a judicial that have allowed the open proceedings [P]eople in an open society do not demand proceeding? Ultimately, it is the judg- to be televised proves these fears are infallibility from their institutions, but it is ment. The judgment speaks. The argu- unfounded. difficult for them to accept what they are ments don’t speak. The in camera dis- While the Federal courts of appeals prohibited from observing. cussions don’t speak. The judgment have not permitted cameras to broad- The time has long since come for the itself represents the opinion of the cast all appellate proceedings, there Supreme Court—for the highest Court Court. It is the law and the defining was a 3-year pilot project in 1990 that in our land—to open its doors and process. assessed the impact of cameras in the allow the American people to finally I appreciate very much the work of Federal courts. Listen to what hap- observe its proceedings. my esteemed colleague. I know he

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3803 loves the law; we both do. He believes make that work sooner or later. I am On St. Patrick’s Day in Chicago, the this would improve justice in America. sure we will. river and the beer both run green and I can’t conclude that to be correct. I f it seems that everyone is Irish either believe Justices should be given the re- by heritage or simply by osmosis. sponsibility to conduct their branch MORNING BUSINESS There is good reason that Americans consistent with their best judgment of Mr. DURBIN. Mr. President, I ask of all backgrounds embrace St. Pat- how do to it. Therefore, I object. I unanimous consent that the Senate rick’s Day with such enthusiasm. From thank and respect my colleague for his proceed to a period of morning business our earliest days as a nation, America different opinion. with Senators permitted to speak and Ireland have been united by un- The PRESIDING OFFICER. Objec- therein for up to 10 minutes each. breakable bonds of friendship and fam- tion is heard. The PRESIDING OFFICER. Without ily and by a shared commitment to lib- The Senator from Alabama. objection, it is so ordered. erty and freedom. Mr. SESSIONS. Mr. President, I ask f In fact, there might not be a United unanimous consent that the Senate States of America were it not for the proceed to the immediate consider- REMEMBERING FURMAN BISHER Irish. That is not just my opinion. That ation of Calendar No. 247, S. 671; that Mr. ISAKSON. Madam President, was the assessment of General George the committee-reported amendment to this past weekend, Georgia lost a great Washington and of Britain’s Lord S. 671 be agreed to, and the bill, as citizen. Furman Bisher died in Fay- Mountjoy, who, in a speech to Par- amended, be read a third time and etteville, GA, on Sunday afternoon of a liament declared plainly, ‘‘We have passed. lost America through the Irish.’’ The PRESIDING OFFICER. Is there tragic heart attack. He was the pre- mier sports writer in the United States The largest ethnic group to sign the objection? Declaration of Independence were Mr. DURBIN. Reserving the right to of America, covered every Super Bowl, every Masters, was at every major those with Irish roots, Charles Dunlop object, it is my understanding the Ju- of County Tyrone printed the first cop- diciary Committee staff has been work- heavyweight fight. From the day he started on his Royal ies, and the first man to read it before ing on a package of important Judici- Congress was Charles Thomson of ary Committee bills, including the manual typewriter until the day he died, he typed on that same manual Derry, Secretary of the Continental very bill Senator SESSIONS has asked Congress. When the Continental Con- unanimous consent to move to—a bill typewriter that was over 60 years old. He was a brilliant writer, a compas- gress was in desperate need of finances, which I quite likely will support. supporters in Dublin, Cork, and other Would the Senator be willing to mod- sionate individual, a great friend, and Irish cities took up collections to help ify his request to include the passage of someone I looked up to very much. He the struggling new nation. Irish-born other bills which are part of that pack- was a pacesetter. He actually got the generals ranked among Washington’s age and have similarly important ele- only interview of Shoeless Joe Jackson most trusted officers and Irish soldiers ments to them in terms of keeping ever done by a reporter. He did it be- formed the backbone of Washington’s America safe? They include the fol- cause of his cunning ability to be in army. At Valley Forge, it is estimated lowing: Calendar No. 246, S. 1792, the the right place at the right time, and that almost half the army was Irish. Strengthening Investigations of Sex that twinkle in his eye that always In the more than 2 centuries since Offenders and Missing Children Act; made you want to take to Furman then, America has been enriched im- Calendar No. 233, S. 1793, the Investiga- Bisher. measurably by the contributions of the tive Assistance for Violent Crimes Act; So as on the floor of the Senate Irish and Irish-Americans in every field and discharging the Judiciary Com- today I pay tribute to Furman and his and every walk of life. mittee from further consideration of S. life, to all of his accomplishments in 1696, the Dale Long Public Safety Offi- terms of the writing of sports in our Twenty American Presidents—nearly cers’ Benefits Improvements Act; State and around the world. To his half—can trace their lineage to Ireland, agreeing to a substitute amendment family and loved ones, I extend my from George Washington to Barack which is at the desk, and passing the sympathy on behalf of not just myself Obama of the Kearneys of Moneygall. bill, as amended? but all of the citizens of Georgia. And the contributions go both ways. The PRESIDING OFFICER. Does the f Just as the sons of Erin helped make Senator so modify his request? George Washington America’s first Mr. SESSIONS. Mr. President, I ap- IRISH E3 VISA BILL President, it was a son of America, preciate the suggestion by the Senator Mr. DURBIN. Mr. President, yester- Brooklyn-born Eamonn deValera, who, from Illinois, as I believe I will be able day afternoon I had the honor of at- in 1921, became the first president of a to support all those bills, but I have in- tending the annual Speaker’s Lunch- free Ireland. formation that Senators on our side eon celebrating the long and enduring In December, Senators SCHUMER, oppose or have objections to two of partnership between the Irish and LEAHY and I introduced an amendment them and would like to offer amend- American people. Among the guests of that recognizes the special relationship ments or modify them. So I am not honor were the President and Vice between the United States and Ireland. able to agree on behalf of colleagues President and Irish Prime Minister Our Irish E3 visa amendment would that all the bills would be passed as Enda Kenny. And this past Saturday, allow a small number of Irish citizens— written. St. Patrick’s Day, I joined Prime Min- 10,500 a year—to work in America for 2 Mr. DURBIN. Mr. President, until the ister Kenny, Illinois Governor Pat years, pay taxes and contribute to So- time comes—and I hope it is soon— Quinn and Chicago Mayor Rahm Em- cial Security. when we can reach an agreement on all manuel to march in Chicago’s annual Our proposal is an amendment to the four bills, I will object to moving one St. Patrick’s Day parade. As one of the Fairness for High-Skilled Immigrants bill in the package. 40 million Americans of Irish descent, Act, which passed the House last No- The PRESIDING OFFICER. Objec- the chance to celebrate St. Patrick’s vember with overwhelming bipartisan tion is heard. Day with the Prime Minister of Ireland support. Shortly after we introduced The Senator from Alabama. twice in 4 days is a rare joy. our amendment, my colleague from Il- Mr. SESSIONS. Mr. President, I At the parade on Saturday, Prime linois, Senator KIRK, and Senator would note that the Presiding Officer is Minister Kenny hailed Chicago as ‘‘the BROWN of Massachusetts introduced a a cosponsor with myself of S. 1792, the most American of American cities.’’ It similar measure. Strengthening Investigations of Sex is also the most Irish of American cit- Our proposal is a common-sense Offenders and Missing Children Act of ies, home to the largest population of measure that would improve the fair- 2011, and perhaps we will be able to Irish-Americans in the United States. ness and efficiency of our immigration

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3804 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 system and further strengthen Amer- JEFF SESSIONS of Alabama and many of the one another as I have loved you. Forgive and ica’s special relationship with Ireland, members of the U.S. Congress who are the you will be forgiven. Love your enemies and a nation to which we owe so much. real life hosts of this breakfast this morning. pray for those who persecute you. We don’t Our proposal has the support of the On behalf of all of us, the House and the Sen- need a constitutional amendment or some ate members, we certainly want to say big Congressional reform, we just need to Ancient Order of Hibernians, the Irish thank you for joining us here this morning start acting better and Jesus gives us the Lobby for Immigration Reform, Chi- and thank you for praying and for building place to start. It’s simple but it’s hard. We cago Celts for Immigration Reform friendships and to try to make this a better need to love and pray for people who disagree headed by my friend Billy Lawless of world. with us. We hope you will be loving and be Chicago, and many other organiza- Senator JEFF SESSIONS: As with all our praying for us and with us this morning in tions. Prayer Breakfasts over the last six decades, this special time today and when you return All 53 Democratic Senators—a solid we are gathering in the Spirit of Jesus of home. majority of this Senate—have also Nazareth. He was open, curious, compas- I have a letter from a very special friend of sionate, inclusive and humble—a good exam- ours and he writes to the folks who are at- pledged their support for our proposal. ple for all of us in public life and for all of us tending the National Prayer Breakfast. Despite this broad support inside and living anywhere for that matter. He was lov- Letter from Rev. Billy Graham read by outside of Congress, at this time there ing, in a word, and that is the way to de- Senator PRYOR: is an objection on the Republican side scribe the spirit in which we attempt to I want to convey my personal greetings to to passing our bill. gather in today. each of you assembled this morning for the We want to work with our Repub- Senator PRYOR: Let us just join together in National Prayer Breakfast. I miss being with lican colleagues to break this impasse the spirit of reverent prayer: God of the uni- you all, having been a part of this annual and create the Irish E3 visas this year. verse and of each and every one of us, we event sponsored by the House and Senate welcome your presence, your truth and your prayer group since the very beginning, often As Prime Minister Kenny has said, Ire- love to our event. Bless us we pray with the as a speaker. Though age and health prevent land’s economy will recover from its change of heart and change of mind we all me from being there in person, I am with you current difficulties. But with Irish emi- need today. We love you and we want to draw in spirit and you are in my heart. gration higher than it has been in dec- near to you this morning. I want to say a special word of encourage- ades, it is in the interests of both Ire- Senator SESSIONS: In the spirit of love, I ment to the many friends meeting today land and America that we act now, pray that everything we do and say from this from across the country and across the without delay, to create a fair and head table and from around each table would world, especially President Obama and his legal way for Irish citizens to work be pleasing to you. Thank you for the good wife Michelle and Vice President JOSEPH food and fellowship we enjoy at this break- BIDEN and his wife Jill for whom I pray every temporarily in America. fast and may your Spirit fill this great hall, day as the Scriptures command us to do. The Twenty-nine years ago, Speaker Tip Amen. National Prayer Breakfast is one of the most O’Neill hosted the first St. Patrick’s MARK and I and many, many others have amazing gatherings as people from most of Day luncheon in Congress. His special been working on, and praying for, this re- the nations of the world, representing every guest at that first Speaker’s St. Pat- markable breakfast for months now and we race, color, creed, religion and political af- rick’s Day Luncheon was another Irish are all excited to share it with you. I think filiation, or none, come together in the name American leader who said, when he vis- we have all had two different experiences of of Jesus to focus on his teachings and follow ited Ireland, ‘‘Today I come back to what can happen when we bring faith into his example of how to live and love each the world of government and business. Some- other. you as a descendant of people who were times it creates conflict and when we look at Throughout my ministry spanning more buried here in pauper’s graves.’’ our planet’s history, even wars. But at other than 60 years, I have tried to lift up the That special guest was President times, more often really, true faith can be a name of Jesus to audiences and individuals Ronald Reagan and that first Speaker’s reconciling force of amazing power, a power in many of the countries you represent today Luncheon was arranged to try to ease that can make an entire society better. As against the backdrop of polarization in our tensions between the two leaders, who Ambassador Andrew Young said last night at nation this election year and the tensions embodied very different political tradi- the Southeastern dinner, the civil rights across the globe due to war, disease, poverty tions, but who shared a love of Ireland movement, the non-violent movement that and other problems. I pray that foundation overcame bigotry and hatred in a way that of unity you embody around the person of and of their Irish heritage. could not have been done any other way, was Jesus may be an example to the world and a The plan worked. While Ronald done in the Spirit of Jesus. catalyst for peace, freedom and reconcili- Reagan and Tip O’Neill never did see We all have somewhat different religious ation as each of us discovers in our own eye-to-eye on politics, they formed a histories. In my faith walk as I studied the hearts the love and forgiveness He offers to respectful relationship that enabled life of Jesus, it seems His approach was al- those who seek and turn to him in repent- them to work together in America’s in- ways to see the people who are considered to ance and faith. May God richly bless your terest. So I ask our Republican friends: be outsiders, or who had withdrawn, He tried time of fellowship and inspiration this morn- Let us walk in the footsteps of Ronald to bring them all in. All those lepers, Sa- ing. And may the Lord give each of you a maritans and disabled people and poor people special sense of the Spirit as you pray to- Reagan and Tip O’Neill and work to- and folks like the woman at the well—they gether and pray in Jesus’ name, signed Billy gether to pass the Irish E3 visa bill this had been pushed out, or had withdrawn, but Graham. year. Jesus brought them in. I think that is the Senator SESSIONS: Jesus said that if we had f kind of approach we want to embrace in this faith as small as a mustard seed, we could breakfast and everything that flows out of move mountains. We experience a similar 60TH NATIONAL PRAYER it. We want to bring everyone in and to be in miracle when we hear the size of the voice BREAKFAST harmony with God’s will and to share in that comes out of the relatively small body God’s love. of our singer, Jackie Evancho. She is eleven. Mr. SESSIONS. Mr. President, on be- Senator PRYOR: Senators have been meet- God has given her an extraordinary gift and half of Senator PRYOR and myself, I ing in a breakfast group for over six decades we are thrilled she is here to share it with ask unanimous consent that the tran- now. As friends, we gather to pray every us. Please welcome Jackie Evancho. script of the 60th Annual National Wednesday when the Senate is in session. To Song ‘‘To Believe’’, sung by Miss Jackie Prayer Breakfast be printed in the give you a picture of how long that group has Evancho RECORD. been in existence, the Senate breakfast Senator PRYOR: Wow, thank you Jackie. There being no objection, the mate- group has met about one time for every per- That was phenomenal. Thank you so much. son in this room. We come together to pray We have quite the head table here. We have rial was ordered to be printed in the for each other and work for the Senate and the runner up to America’s Got Talent, the RECORD, as follows: of course for the country. Once a year we in- winner of the Heisman Trophy, the winner of Senator MARK PRYOR: Good morning. vite you all into the fellowship together to the Nobel Prize and the most powerful Thank you all for being here. It’s great to pray for world leaders and especially for our woman in American history, so thank you have you here. I want to thank all of you for President. all for being here. making your way to this very special event Some of you have heard that things can be Senator SESSIONS: Pretty impressive but in the life of our country and our world. We better in Congress and that is true. I think a when we come before God, all the fancy ti- invited you, and you came, and we appre- good place to start would be to remember tles are brought down and the humble reg- ciate it. When I say ‘‘we’’ I mean co-chair just a few simple, yet powerful words. Love ular people are raised up. We are all equally

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of value before our Creator. Allow me to in- man BROUN of Georgia. Thank you for being you one. In fact, I am a Gideon because it troduce some of our presenters who will here. was a Gideon Bible that led me to the Lord. come to the podium when their turn arises. One of the people in the room who needs no I accepted Him as my Lord and Savior some As a Senator representing the national introduction is Minority Leader NANCY time ago. We thank you for coming to the champion Alabama—I never get tired of slip- PELOSI. We thank her for her inspiring serv- breakfast today, especially our honored ping that in—I get to introduce the football ice to the country and her support for the guests from all around the world. We are up player. We are proud to have a Baylor Bear prayer breakfast over the years. We look for- here to bring greetings from our weekly Con- with us, Mr. Robert Griffin III, RG3, the win- ward to the Scripture that she is about to gressional House breakfast group and to give ner of the 2011 Heisman Trophy. He excelled read. Madam Leader. you a bit of a sense of what goes on there. at finishing drives and games so we have Representative NANCY PELOSI: Thank you We pray, we study the Scriptures, we share asked him to do our closing prayer. very much to Senator PRYOR for the invita- our family struggles and needs and our per- We always honor our nation’s military tion to read from the Holy Scriptures this sonal needs. We even try to sing sometimes. each year by asking one of their own to be a morning. Let us all be grateful for the fel- We call it the best hour of the week because part of the program. Today we are proud to lowship that brings us all together with our it absolutely is. It is where Democrats and have Colonel Kelly Martin, an active duty President of the United States and the First Republicans can come together, put politics Air Force officer who serves in the oper- Lady, the Vice President—who said after aside, put partisanship aside. And we are just ations directorate of the Joint Staff at the Jackie finished singing, ‘‘now I know how personal friends, brothers and sisters in Pentagon. During her career as a pilot, she the angels sound, so beautiful’’—the fellow- Christ. And we worship our God together. did countless in-flight refueling, so she ship that brings us together as colleagues, Over 25 years ago Jesus Christ changed my knows a thing or two about prayer. She will our international guests and of course most life when I accepted him as my personal Lord lead us in a prayer for American national of all our men and women in uniform who and Savior. He gave me not only a personal leaders. give us the opportunity to exercise freely our peace but he gave me a purpose in my life to Next is Congressman and Dr. PAUL BROUN faith. serve him and to live for him. There is no from Georgia. Both he and Congressman I am honored for the opportunity to read rule that says I have to check my faith when MCINTYRE lead the House breakfast group. from the Holy Scriptures, from the Old Tes- I go through the doors of the House cham- Every ship has an anchor and in our Senate tament. When I was asked by Senator PRYOR bers. I could not do that if I wanted to. I am breakfast prayer group, Senator DANIEL to do so, I went right to Solomon. We all always eager to talk about what God has AKAKA of Hawaii has been our anchor for know over the ages that King Solomon has done for me and in my life and how he has many years. We are going to miss him when been recognized for his great wisdom, but it changed me, how he saved me and made me he retires. We have asked him to say our is really important to note that his wisdom a child of God. I am thankful for our House prayer for world leaders. I have not known sprang from humility, and that must be our group. The people who founded the United anyone, from Alabama or elsewhere, who has prayer. Solomon’s prayer is heralded in at States were people who prayed, they knew better lived their life in the Spirit of Jesus least two books of the Bible, the Second the Scriptures. It is good for the whole na- than has DANNY AKAKA. DANNY, thank you Book of Chronicles and the First Book of tion to follow their example in honoring the for all you do to make the Senate and our Kings. A reading from the First Book of God that created each and every one of us government and nation a better place. Kings: and his Son who died for us all. We are also joined by our colleague, Dr. God appeared to Solomon in a dream dur- Representative MIKE MCINTYRE: Thank you TOM COBURN who passionately represents the ing the night. God said, ‘‘ask what you would PAUL. I am MIKE MCINTYRE. Serving in Con- people of Oklahoma and the Senate. He will like me to give to you.’’ Solomon replied, gress is a great privilege but it is also a tre- give us a reading from the Scriptures. If you ‘‘You showed most faithful love to your serv- mendous challenge. I am very thankful that know TOM, you know that his faith impacts ant David, my father. When he lived his life I get to meet with my colleagues from both his life, and we all know that. Next, I have before you in faithfulness and uprightness sides of the aisle to come together in our the honor and privilege of introducing my and in integrity of heart, you have continued breakfast group where we can share heart to wife, Mrs. Mary Sessions, my partner for 42 this most faithful love to him by allowing heart. years who has enabled me to be able to serve, his son to sit on the throne today. Now my Washington, D.C. usually focuses just on and has provided us with three children and God, you have made me your servant king in the surface, on the labels and where you five grandchildren. succession to David, my father. come from and who you are supposed to be We are very grateful once again to wel- ‘‘But I am a very young man, unskilled in identified with. Our weekly group allows us come the First Lady of the United States, leadership and here is your servant sur- to go deeper and to build friendships. I also Michelle Obama. None of us can even imag- rounded by your people whom you have cho- want to tell you about a new tradition. Dur- ine the burdens that you carry as the spouse sen, of people so numerous that its number ing the first vote of each week on Monday or and the leader of our nation. We thank you cannot be counted or reckoned.’’ So Solomon Tuesday night, depending on when we go and pray for you and honor your work on the said, ‘‘give your servant a heart to under- into session, several House members step behalf of the health of our nation’s children stand how to govern your people, how to dis- across the hall in room 219 and leave labels and all Americans. cern between good and evil, for how could at the door and pray like Solomon of the Old Senator PRYOR: Mr. President, did you one otherwise govern such a great people as Testament for wisdom for that week so that hear the little thing about the national yours?’’ It pleased God that Solomon should we will make the right decisions. championship? This year it was Alabama, have asked for this. ‘‘Since you have asked When I am back in my district, I often last year it was Auburn, it never stops. You for this,’’ God said, ‘‘and not asked for long have people come up to me and express con- see what I have to put up with? life for yourself or riches or vengeance upon cerns or complain about Washington, D.C. What most people don’t fully realize is your enemies, but have asked for discerning Can you imagine that? They will go on for 30 that the government is a team sport. We are judgment for yourself here and now, I do minutes and usually after I have listened all thankful to have our tireless and pas- what you ask. I give you wisdom and under- carefully to all that they are saying, I will sionate Vice President running all over the standing as no one has ever had before and say: ‘‘Would you pray for us that we will country and all over the world to accomplish no one will have after you.’’ The whole world make the right decisions; if it’s that impor- our country’s most important work, Vice sought audience with Solomon to know the tant to you or to your family or to your President JOE BIDEN. wisdom God had put in his heart. business or to your school or our country, The next person I want to introduce is my May our message from this reading be that would you take the time to pray for us that wife, Jill Pryor, the best person in the world. we have the humility to ask God for what we will make the right decision?’’ I have You have already met Jackie Evancho. She pleases him so that we can do his work. never had anybody refuse to do that when I is going to sing one more song in a few min- Amen. have asked them. Like Nehemiah in the Old utes but I think after that she has to leave Representative PAUL BROUN: Good morn- Testament, we want to build a wall of prayer here and go study for a spelling test. Sitting ing. I am Dr. PAUL BROUN. I am a physician around our nation’s capital. You can put a next to her is her mother, the proudest and a Representative from the 10th Congres- stone or a brick in that wall of prayer if you mother in the room, Mrs. Lisa Evancho. sional District in Georgia, and a Republican. would take five minutes each week to join us Thank you both for being here. And this is my friend, MIKE MCINTYRE. As in prayer, and you could choose the time. If Shortly we are going to hear a greeting Senator PRYOR just told you, he is a black you go to the Congressional Prayer Caucus’ from our counterparts who lead the House belt so I am going to be careful with what I website and say, ‘‘You know what, MIKE, I prayer breakfast group. They make those of am going to say about him. He is a Demo- will pray for you and for our President and us at the head table feel extra safe because crat, a blue dog Democrat, who represents all our leaders at all levels of government.’’ one is a doctor and the other is a black belt North Carolina. It is that important. Because you see, the in Tae Kwando. One kind of tears you up and I am also a member of the Gideons, so if true source of power is not found in the halls one tears you down, namely Congressman you didn’t have a Bible in your hotel room, of Congress or in the Oval Office of the West MACINTYRE of North Carolina and Congress- please let me know and we will be sure to get Wing or in the chambers of the Supreme

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3806 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 Court. It is found when we are on our knees your truth. Bring them through strife and Okay, it is a National Prayer Breakfast, before the throne of grace, before all mighty warfare to lasting peace, uniting them for maybe we should get serious and say some- God asking for his help. Would you please the glory of your name. As they put aside thing about prayer . . . nah. Okay, seriously join us in that effort? That is something you selfish ambition, make them instruments of though, what is prayer? The real question is can do that would go beyond today. I think your will to carry out your purposes in our what is prayer? Prayer is real faith in God, you will agree that our country is worth it. world. We pray this in your sovereign name, it is not phony religiosity. It is not, ‘oh God bless you all and thank you very much. amen. wouldst thou who art sovereign of the uni- Colonel Kelly Martin, U.S.A.F.: Please join Senator PRYOR: When we take the long verse take this arcane verbiage as evidence me now in a prayer for our national leaders. view of history, it is pretty clear that ideas that we believe that thou art an old fash- Lord, it is with a humble heart that we come are more powerful than money or guns or ioned and unpleasant and easily annoyed and before you today and ask for a special meas- even governments. So if we follow that logic, even cranky deity, and that to get thy mag- ure of grace and wisdom to be given to the ideas about God would be the most powerful nificent attention and so as not to annoy men and women who lead our nation. For of all. One of the most precious resources of thee, we must needs employ wooden and ar- you know that it is the fear of the Lord that the community of faith are those women and chaic and religious sounding language.’ is the beginning of wisdom and under- men who help us think deeply and clearly That, my friends, is not prayer. That is, to standing. And it is by your grace and love about God, about truth and about responsi- use the current terminology, a lot of pious that you arm us with the strength and guide bility. Eric Metaxas has been a friend of this baloney. Who said that, I believe it was our steps towards what is perfect. Leadership breakfast for many years, so let that be a NANCY PELOSI? It was someone on the couch, is not easy and good leadership is rare and of warning to all of you, if you come too often, but I can’t remember. But the point is, pious great value, but great leadership comes only we may ask you to speak. He has written two baloney is not prayer, it is not faith in the from you. Throughout our nation’s history, New York Times best sellers, 30 children’s God of Scripture. Imagine talking to Jesus you have blessed us with a legacy of leaders books, has been part of the Veggie Tale se- that way—he would almost laugh at you. who served with excellence and we are grate- ries, and he has also debated the existence of Imagine if we talked to him that way. Pray- ful that this blessing continues today. Thank God in academic settings all over the world. er is from the heart. We don’t try to fool God you for each and every one of our leaders and I first became aware of him through his with phony religiosity. Adam and Eve tried their willingness to serve our nation, its’ book, ‘‘Amazing Grace,’’ about William Wil- that with a fig leaf once that did not go so people, and, ultimately, to serve you. I ask berforce whose life makes a great guide book well. that in the heat of battle, you give our lead- for anyone who is serving in government. I And this gets to my theme this morning— ers clarity of mind and the courage to make just finished another book of his, about an- the difference between religion or religiosity right decisions especially when it is not con- other great public role model, ‘‘Dietrich and real faith in God. We all know people venient or expedient. Give them the faith to Bonhoeffer: Pastor, Martyr, Prophet, Spy’’. who go to church but who do not show the always seek you, a hope that will always sus- Ladies and gentlemen, Eric Metaxas. love of Jesus. We know people who know tain them and, most importantly, give them Mr. Eric Metaxas: Good morning to all of Scripture but sometimes use it as a weapon. a love that will unite them. We ask that you you, honored guests from around the world, Real prayer and real faith is not religious, it bless our leaders, protect and watch over from this great nation, mostly to our Presi- is from the heart. It is honest, it is real. I them, give them a peace that passes under- dent and First Lady. What an honor to be have had the privilege of writing about two standing; bless their families and continue to here. Now, I have to ask, I want to know how men, Wilberforce and Bonhoeffer, whose lives bless the United States of America. I pray many people are here if you don’t mind, just illustrate the difference between what mere this in your Son’s name, amen. indulge me, would you raise your hand if you religiosity and actually knowing what serv- Senator TOM COBURN: Good morning. I are here and I just want to get a quick . . . ing God is. Let me first quickly tell you per- have the privilege of reading from the New okay, well that was four. All right, well they sonally how I came to see the difference be- Testament Scriptures. The passage that I said four thousand. tween these two utterly different things. want to read today has to do with the most Let me just say up front, I am not a morn- First of all, I am the son of European im- powerful force the world has ever known, ing person but it is nonetheless an honor to migrants who met in an English class in New love. In this room, we have people from well speak at this august extraordinarily early York City in 1956. And I thank the Lord that over 100 different countries, all colors, all as- gathering. I know it is an august gathering my parents are in the room this morning. pects of faith and maybe from a few different because they charged 175 dollars for break- My dad is Greek, hence my surname, points of view. fast. I don’t want to start out by being nega- Metaxas. My mom is German, hence my deep Jesus said to him, ‘‘you shall love the Lord tive but I think there may be some kind of love for Siegfried and Roy. Now, when you your God with all your heart, with all your money laundering thing kind of happening have one Greek parent, you are raised Greek, soul and with all your mind.’’ This is the here. I am speaking truth to power people, forget about the German stuff. Greeks be- first and the greatest commandment and the the price gauging, it needs to stop. Even as lieve that being Greek is the most important second is like it, that you should love your a member of the elite one per cent, I cannot thing in the world. Now I am 50 per cent neighbor as yourself. On these two com- afford this. Greek but I have always tried to be more mandments hang the law and the prophets. A We joke, but I know who puts this event than 50 per cent Greek but I have never been new commandment I give to you that you on. They are a highly secret, indeed a nefar- able to break the fifty per cent barrier, a lit- love one another as I have loved you, that ious organization. They call themselves ‘‘the tle bit like brother Mitt. you also love one another. This is my com- family.’’ You see, the family not only runs I grew up of course in the Greek Orthodox mandment to you that you love one another this event, they run everything that is hap- Church. I was an altar boy and had a mod- as I have loved you, greater love has no one pening in the world. We, and of course I icum of faith, a mostly nominal, cultural than this than to lay down ones life for his mean the President and I most specifically, faith. I thought of myself as a Christian but friends. are all their puppets. The President knows then I went to Yale University. Of course, it The power of love is manifested in the sub- what I mean. He cannot admit this publicly, is the dream come true for every son of tleness and the happiness of our heart be- obviously, but appearing here this morning working class European immigrants. But the cause as we give love and sacrificial love, we are simply doing their bidding. Every reality is that Yale, and most of our other that is the only way, our lives are truly ful- U.S. President has been elected by them ex- universities but especially Yale, is a very filled, by giving away our life. We have great cept for Warren G. Harding. No one knows secular place, aggressively secular. What lit- examples of that in our military, in our lead- how Warren Harding was able to buck that tle modicum of faith I had was seriously ers as they sacrifice their life and time and trend but we know that he paid dearly for it, challenged. The idea of God really is ignored families, but the fact is, we are commanded most notably by being saddled with the or even sneered at. By the time I graduated to do that. May God bless the reading of his name Warren G. Harding. I was quite sure that it was wrong to be seri- Word. I am not a politician so when I see a dais ous about the Bible or to take Jesus seri- Senator DANIEL AKAKA: Let me add my like this, I immediately think of those won- ously, that it was hopelessly parochial and aloha and welcome to all of you gathered derful Dean Martin roasts from the 70’s. divisive. I was not sure what was supposed to here at the 60th National Prayer Breakfast. That was my favorite show next to Sanford replace it but I was confused. I guess I was Let us pray. Holy, holy, holy, Lord God of and Son. I am being honest with you now and lost. I wanted to be a writer. I was not ter- hosts, heaven and earth are filled with your forgive me if I pretend that I am up here ribly successful. I floundered and then I glory. We come to you to pray for world with Ruth Buzzi, Bob Hope, Jimmy Stewart, drifted, then I floundered some more, then I leaders. Give them your wisdom to deal with Red Buttons, Charlie Callas, Foster Brooks drifted and floundered together, which you the challenging problems of our time; may and Rich Little. I am being honest, that is think is easy. your Spirit rest upon them as they seek to who I wish were up here. And to those of you Eventually things got so bad I moved back empower people to lead quiet and peaceful who are actually up here, I apologize from in with my parents, which I do not rec- lives in all Godliness and honesty. Send out the bottom of Don Rickles’ heart, I am ommend. I specifically do not recommend your light and lead our world leaders with sorry. moving in with my parents. I joke, but it was

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3807 in fact a very tough time for me. I am being was just dead religion. It was phoniness. It the Lord for the people who are reading and serious now. I suffered then, during that pe- was people who go to church and do not show talking about this book. I know that it was riod, from real, genuine depression. I still the love of Jesus. It was people who know read even by President George W. Bush who struggle with that. This was a very painful, the Bible and use it as a weapon, people who is intellectually incurious as we have all soul searching time in my life. I took a real- do not practice what they preach, people who read. He read the book. No pressure. [Hands ly depressing job which my parents forced are indifferent to the poor and suffering, peo- President Obama a book.] I just want to say me to take, thank you very much. And while ple, who use religion as a way to exclude oth- no pressure. I know you are very busy, Mr. I was at this job, this miserable job, thank ers from their group, people who use religion President, but I know sometimes you take you mom and dad, I met a man of some faith. as a way to judge others. I had rejected that, plane rides and you have got time to kill, so And he begins to share his faith with me, but guess what? Jesus had also rejected that. here. [Hands President Obama another this secular Yale agnostic, and I was in He had railed against that and called people book.] No pressure. No pressure at all. Who enough pain that I was willing to listen a lit- to real life and to real faith. Jesus was and am I to pressure you? tle bit to what he had to say. He was an Epis- is the enemy of dead religion. Jesus came to Nonetheless, the lives of both of these men copalian and I figured it was safe—they don’t deliver us from that. He railed against the illustrate the difference between phony reli- really believe that stuff anyway. So I said religious leaders of his day because he knew giosity and really believing in God in a way ‘‘yeah, you can keep talking.’’ But he turned that it was all just a front, that in their that is real—that changes your life, that out to be one those Episcopalians who actu- hearts they were far from God his Father. must change your life, and the lives of oth- ally believed this stuff and knew the Bible When he was tempted in the desert, who was ers. Wilberforce is best known for leading the backwards and forwards and I was really the one throwing Bible verses at him? Satan. movement to end the slave trade. Now, why challenged. We would have a lot of conversa- That is a perfect picture of dead religion. did he take that on? Do you know why? I am tions. Using the words of God to do the opposite of here to tell you it is not because he was just I was not ready to accept what he was say- what God does. It is grotesque when you a churchgoer, because there were plenty of ing, not ready to pray, to attend a Bible think about it. It is demonic. churchgoers in England in the day of Wilber- study, to go to church or to become a weird That summer as I came to faith, the guy force. And everybody in that day seemed to born again Christian. But I was in enough who shared his faith with me, Ed Tuttle, have no problem with the slave trade or slav- pain to keep listening. This friend of mine gave me a copy of ‘‘The Cost of Discipleship’’ ery, people who went to church. The reason said to me that I should pray that God would by Dietrich Bonhoeffer. And he asked me if I Wilberforce fought so hard was because reveal himself to me—which seemed absurd had ever heard of Dietrich Bonhoeffer. I said, around his 26th birthday, he encountered because I thought: I don’t know if he’s there ‘‘no.’’ He said, ‘‘Bonhoeffer was a pastor who Jesus. England paid lip service to religion in so I don’t really want to pray to the oxygen because of his faith in Jesus stood up for the those days. Everybody said ‘‘I am a Chris- in the room, to whom shall I pray if he is not Jews of Europe.’’ I was shocked. My mother tian, I am English, yeah, we are Christians.’’ there? It is a conundrum you see. But some- is German. She grew up during this period. But they really seemed to think—most of times when you are in enough pain, and I Why had I never heard this amazing story them—that the slave trade was a fine thing. was, you do silly things—and I did pray. And about Bonhoeffer before? I remember think- So keep in mind that when someone says, ‘‘I I said, in my anguish, and it was very real ing somebody really ought to write a book am a Christian’’, it might mean absolutely anguish. I said, ‘‘God if you are there, please about Bonhoeffer. nothing. But for Wilberforce it became real. reveal yourself to me; punch a hole through I was not interested in writing biographies. It was not about Christianity, it was about the sheetrock, wave to me, say hello, show I am far too self-centered to spend that much the living God and serving Him. And Wilber- yourself to me.’’ I was desperate. Every now time focusing on someone besides myself. I force suddenly took the Bible seriously—that and again I would pray that prayer, I would went on to have a strange career writing all of us are created in the image of God. He be jogging and I would pray that prayer, children’s books, I wrote humor for the New took this idea seriously—that it was our ‘‘God help me, I need help.’’ It was an honest York Times, I worked for Veggie Tales. And duty to care for the least of these. And he prayer. And prayers come from a place of then I wanted to share my faith and I wrote said, ‘‘Lord, I will obey.’’ honesty, not religiosity. If you can say ‘‘help a book with the ridiculous title ‘‘Everything Now he fought politically, he fought hard me Lord,’’ God hears that prayer. You Always Wanted to Know about God but and you know the only people really fighting Then one night during this time, around Were Afraid to Ask’’. Actually now it’s a with him at this point were the fanatical my 25th birthday, I had a dream. We don’t trilogy, three books. And one day I found Christians. Did you know that? All the have time to go into it this morning but it myself being interviewed on CNN about this churchgoers, all the religious people, they was an amazing dream. If you want to hear book and I was expecting one of those tough were not alongside him. Who was alongside the story of this amazing dream you can go questions like, how can a good God allow evil him in those days? The born again nuts, the to my website: EricMetaxas.com. It is an and suffering? But instead, I got a softball Quakers, the Methodists that people made amazing thing and it changed my life. God question. The host on CNN said to me, ‘‘you fun of. They were in the trenches because came into my life, Jesus came into my life, know there is something here about Wilber- they knew they had no choice but to regard and it is all true except the part about the force’’—and I had two sentences in the book the Africans as made in the image of God UFO and the Sasquatch which I made up. about Wilberforce—‘‘Can you talk about and worthy of our love and respect. Everyone But seriously, watch that if you don’t mind that?’’ Suddenly I am on CNN being asked to else was just going with the flow, all the peo- because it really happened, it is not made up. talk about Wilberforce. All I knew about ple who just went to church. As I say, they And when God came into my life overnight Wilberforce was in the book—that he was got it wrong. They had not seen Jesus. and He answered that prayer, I wondered someone who took the Bible so seriously Wilberforce took these ideas, these foreign why hadn’t I heard this before? Why did I that he changed the world forever. ideas, from the Bible and brought them into have to suffer not knowing? Why? I think So I start talking about him briefly and culture. You can read about it, and not just part of the reason is that I had rejected a next thing I know a publisher calls me up in my book, which the President may read. phony religious idea of God. Not God as he and says ‘‘there’s a movie coming out called But you can read about it. This is historical really is because when I encountered God as ‘Amazing Grace’.’’ And I was asked to write fact. This is not my spin, this is true. Wilber- he really is, I knew that is what my heart is a book about Wilberforce. Amazingly, I force, because he believed what the Bible longing for. That is the answer. He is the an- wrote a biography about Wilberforce and ev- said and because he obeyed what God told swer to my pain and all my questions. He is erywhere I go talking about Wilberforce peo- him to do, changed the world. real and He loves me despite everything I ple would say to me, ‘‘who are you going to Today we argue about how to help the have done. He is not some moral code. He is write about next? Who are you going to poor. Some say, ‘‘Oh, the public sector, gov- not some energy force. He is alive. He is a write about next?’’ Some people asked me ernment, is the answer.’’ Others say, ‘‘The person. He knows everything about me and about ‘‘whom will you next write?’’ As a private sector, free enterprise.’’ But today, about you. He knows my story; He knows Yale English major, I want to recommend we argue about how to help the poor, not your story, every detail. He knows your the word whom. If English is your first lan- whether to help the poor. Praise the Lord. deepest fears. He knows the terrible selfish guage, you may want to use the word whom. The idea to care for the poor, the idea that things you have done that have hurt others You can get it free as an app on your iPhone, slavery is wrong; these ideas are not normal and He still loves you. And He knows the you just download it. You use it as much as human ideas. These are Biblical ideas im- hurt that others have caused you. He knows you want. ‘‘Eric, about whom will you next ported by Wilberforce at a crucial time. us. He is alive. He is not a joy killing bum- write?’’ And I thought well, there is only one Human beings do not do the right thing mer or some moralistic church lady. He is person besides Wilberforce, only one about apart from God’s intervention. We always do the most wonderful person, capital ‘‘P’’, whom I would write if I were to write a sec- the phony religious thing. We go with the imaginable. In fact, his name is Wonderful. ond biography. I remembered Bonhoeffer and flow. In Wilberforce’s day going with the Now, who would reject that? I did write that book. And I have to tell you, flow meant supporting slavery, that Africans So at that point, I realized everything I re- nobody is more shocked by the reception of are not fully human. In Bonhoeffer’s world, jected about God was actually not God. It the book than I. No one is more grateful to in Nazi Germany, it meant supporting the

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3808 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 idea that Jews are not fully human. So ally, I would say the same thing about the him. So we are going to try this, if it goes whom do we say is not fully human today? unborn. That apart from God we cannot see well I will leave with my head up. You Who is expendable to us? My mother lived that they are persons as well so those of us ready? If you don’t know the lyrics, pretend through this. There are people in this room who know the unborn to be human beings are that you do. I want to hear harmonies. who lived through this. I was in Germany commanded by God to love those who do not All singing: Amazing grace how sweet the last week; I met people who lived through yet see that. sound that saved a wretch like me. I once this period. It was an extraordinary thing to We need to know that apart from God we was lost but now am found. Was blind but be there, to meet people who were the sons of would be on the other side of that divide now I see. heroes fighting against Hitler. This was a fighting for what we believe is right. We can- God Bless you. moment ago that this horror happened. not demonize our enemies. Today, if you be- Senator SESSIONS: Thank you Eric, you Bonhoeffer was born in 1906 and he was lieve that abortion is wrong, you must treat have indeed blessed us. You got our atten- born into an amazing family. His father was those on the other side with the love of tion and gave us spiritual food. Now it is my the most famous psychiatrist in Germany. Jesus. Today, if you have a Biblical view of great honor to introduce the President of the This was a big, important amazing family. sexuality, you will be demonized by those on United States. Mr. President, we thank you At 14, he announces he wants to be a theolo- the other side who will call you a bigot. for your one hundred percent support that gian. He got his doctorate at age 21. Jesus commands us to love those who call us you have given to this prayer breakfast; Bonheoffer was a great theologian but he de- bigots; to show them the love of Jesus. If you being here every single year and when you cided in the midst of being a great theolo- want people to treat you with dignity, treat were a member of the Senate with us. Mr. gian that he wanted to get ordained as a Lu- them with dignity. President, I personally want to thank you theran pastor. And then one day at age 24, he So finally, Jesus tells us that we must love for the way you strive for the betterment of went to America to spend a year in New our enemies. That, my friends, is the real all Americans. You give your life to that. It York City. And he went to study at Union difference between dead religion and a living was Abraham Lincoln who first used the Theological Seminary. One Sunday a fellow faith in the God of the Scriptures, whether phrase that we are a nation under God. If we student named Frank Fisher, an African we can love our enemies. Wilberforce had po- are going to be a nation under God, then we American from Alabama, invited Dietrich litical enemies but he knew that God had have to recognize the precious worth of Bonhoeffer to Harlem to a church called Ab- commanded him to treat them with civility. every single person. Thank you for your yssinian Baptist Church. He said, ‘‘why don’t He knew that he had been saved by grace. He leadership. Ladies and gentlemen, the Presi- you come with me?’’ And Bonheoffer went was not morally superior to the people on dent of the United States, Barack Obama. with him and for the first time in his life, in the other side of the aisle. Martin Luther President Barack Obama: Well, good morn- that church, he saw something that was King told the people on the buses that you ing everybody. It is good to be with so many clearly not mere phony religion. He saw peo- must not fight back, that you must be will- friends united in prayer. And I begin by giv- ple worshiping a living God. He saw people ing to turn the other cheek or get off the ing all praise and honor to God for bringing who understood suffering and whose worship bus. Branch Rickey told Jackie Robinson us here together today. was real. Bonhoeffer said that in New York, that if you want to win the battle, you need I want to thank our co-chairs, MARK and in America, he did not hear the gospel pro- to do as Jesus commanded and to be strong JEFF; to my dear friend, the guy who always claimed. Think about this, he visited many, enough to not fight back; that is how your has my back, Vice President BIDEN. All the many churches, yet he did not hear the gos- enemies will know that there is someone, members of Congress and my Cabinet who pel proclaimed except, in his words, in the capital ‘‘S’’, standing behind you, that it is are here today, all the distinguished guests Negro churches. That was the only place he not just you. who have traveled a long way to be a part of saw the true gospel. He saw true faith, living So if you can see Jesus in your enemy, this. I am not going to be as funny as Eric faith, people living it, preaching the gospel then you can know that you are seeing with but I am grateful that he shared his message of Jesus, living the gospel of Jesus. He saw God’s eyes and not your own. So, can you with us. Michelle and I feel truly blessed to this among the suffering in Harlem and it love your enemy? If you cannot pray for be here. changed his life. those on the other side, if you cannot actu- This is my fourth year coming to this When he got back to Germany, people ally feel the love of God for your enemies, prayer breakfast as President. As JEFF men- could see that he was different. He was not political and otherwise, my friends, that is a tioned, before that I came as senator. I have intellectually different, but his heart had sure sign that you are being merely reli- to say, it is easier coming as President. I been changed. He began to speak publicly gious. That you have bought into a moral don’t have to get here quite as early. But it about the Bible as the word of God, the liv- system but you do not know the God who has has always been an opportunity that I have ing word of God through which God who is forgiven you. Only God can give us that su- cherished. And it is a chance to step back for alive wishes to speak to us. So, he under- pernatural agape love for those with whom a moment, for us to come together as broth- stood from the black church in Harlem the we disagree. That is the test. It is an impos- ers and sisters and seek God’s face together. idea of a personal faith, that God is alive and sible standard apart from the grace of God. At a time when it is easy to lose ourselves in wishes to speak to you. And it had a political We all fail that test. But thank God for the the rush and clamor of our own lives, or get component because it is now 1932, the Nazis grace of God. The grace of God is real. God caught up in the noise and rancor that too are rising. Bonhoeffer begins to say things wants to shed it abroad in every heart, not often passes as politics today, these mo- that you would not hear in Germany, even in just on some, on every heart. It is the only ments of prayer slow us down. They humble the churches in those days. He spoke of Jesus thing , the grace of a living God, that can us. They remind us that no matter how much as the man for others. He said ‘‘whoever does bring left and right together to do the right responsibility we have, how fancy our titles, not stand up for the Jews has no right to thing. how much power we think we hold, we are sing Gregorian chants, God is not fooled.’’ So can we humble ourselves enough to ac- imperfect vessels. We can all benefit from His whole life was about this idea that you tually ask him in a real prayer to show him- turning to our Creator, listening to Him, have to have a living relationship with God self to us, to lead us to do what is right? Can avoiding phony religiosity and listening to and that it must lead you to action—that we do that for our country? For the world? Him. you must obey God, that you will look dif- This is a Bonhoeffer moment. If we will hum- This is especially important right now, ferent. ble ourselves, ask God, cry out, Cri du coeur, when we are facing some big challenges as a Now of course dead religion demonizes oth- cry from the heart, Lord lead us, will you nation. Our economy is making progress as ers, I just said that, and apart from God’s ask him to help you? The amazing grace of we recover from the worst crisis in three intervention, that is what we do. So don’t God is there for everyone. You know Jesus is generations, but far too many families are think that you won’t do that. You will do not just for so called ‘‘Christians’’, Jesus is still struggling to find work or make the that. We are broken, fallen human beings so for everyone. The grace of God is for every- mortgage, pay for college, or, in some cases, apart from God—that is what we do. Do you one. I hope you know that. even buy food. Our men and women in uni- think that you are better than the Germans When I was 21 years old, I worked at the form have made us safer and more secure, in that era? You are not. Not in God’s eyes Boston Opera House and Garrison Keeler and we are eternally grateful to them, but you’re not. We are the same. We are capable showed up and he gave a talk. And at the end war and suffering and hardship still remain of the same horrible things. Wilberforce of his talk he asked the audience if they in too many corners of the globe. And a lot somehow saw what the people in his day did wanted to sing. They didn’t, but he made of those men and women who we celebrate on not see, and we celebrate him for it. them anyway. He led them in a song called Veteran’s Day and Memorial Day come back Bonhoeffer saw what others did not see, and ‘‘Amazing Grace’’ and that a capella ren- and find that, when it comes to finding a job we celebrate him for it. Now how did they dition has stuck with me my whole life. I or getting the kind of care that they need, see what they saw? There is just one word thought maybe some day I will get some peo- we are not always there the way that we that will answer that, it is Jesus. He opens ple to do that, not today of course. But then need to be. our eyes to his ideas which are radical and I thought you know, if the President can It is absolutely true that meeting these which are different from our own. Person- sing Al Green, then maybe you can sing with challenges requires sound decision-making,

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.001 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3809 requires smart policies. We know that part When I talk about giving every American a worship the God who sets the captives free of living in a pluralistic society means that fair shot at opportunity, it is because I be- and work to end modern slavery. Since we our personal religious beliefs alone cannot lieve that when a young person can afford a have expanded and strengthened the White dictate our response to every challenge we college education or someone who has been House faith-based initiative, we have face. unemployed suddenly has a chance to retrain partnered with Catholic Charities to help But in my moments of prayer, I am re- for a job and regain that sense of dignity and Americans who were struggling with pov- minded that faith and values play an enor- pride, and contributing to the community as erty, worked with organizations like World mous role in motivating us to solve some of well as supporting their families—that helps Vision and American Jewish World Service our most urgent problems, in keeping us us all prosper. and Islamic Relief to bring hope to those suf- going when we suffer setbacks, and opening It means maybe that research lab on the fering around the world. our minds and our hearts to the needs of oth- cusp of a lifesaving discovery, or the com- Colleges across the country have answered ers. pany looking for skilled workers is going to our Interfaith Campus Challenge, and stu- We cannot leave our values at the door. If do a little bit better, and we will all do bet- dents are joined together across religious we leave our values at the door, we abandon ter as a consequence. It makes economic lines in service to others. From promoting much of the moral glue that has held our na- sense. But part of that belief comes from my responsible fatherhood to strengthening tion together for centuries, and allowed us to faith in the idea that I am my brother’s adoption, from helping people find jobs to become somewhat more perfect a union. keeper and I am my sister’s keeper; that as serving our veterans, we are linking arms Frederick Douglass, Abraham Lincoln, Jane a country, we rise and fall together. I am not with faith-based groups all across the coun- Addams, Martin Luther King, Jr., Dorothy an island. I am not alone in my success. I try. Day, Abraham Heschel—the majority of succeed because others succeed with me. I think we all understand that these values great reformers in American history did And when I decide to stand up for foreign cannot truly find voice in our politics and their work not just because it was sound pol- aid, or prevent atrocities in places like our policies unless they find a place in our icy, or they had done good analysis, or un- Uganda, or take on issues like human traf- hearts. The Bible teaches us to ‘‘be doers of derstood how to exercise good politics, but ficking, it is not just about strengthening al- the word and not merely hearers.’’ We are re- because their faith and their values dictated liances, or promoting democratic values, or quired to have a living, breathing, active it, and called for bold action—sometimes in projecting American leadership around the faith in our own lives. And each of us is the face of indifference, sometimes in the world, although it does all those things and called on to give something of ourselves for face of resistance. it will make us safer and more secure. It is the betterment of others—and to live the This is no different today for millions of also about the Biblical call to care for the truth of our faith not just with words, but Americans, and it is certainly not for me. least of these—for the poor, for those at the with deeds. I wake up each morning and I say a brief So even as we join the great debates of our margins of our society. prayer, and I spend a little time in Scripture age—how we best put people back to work, To answer the responsibility we are given and devotion. And from time to time, friends how we ensure opportunity for every child, in Proverbs to ‘‘speak up for those who can- of mine, some of who are here today, friends the role of government in protecting this ex- not speak for themselves, for the rights of all like Joel Hunter or T.D. Jakes, will come by traordinary planet that God has made for us, who are destitute.’’ And for others, it may the Oval Office, or they will call on the how we lessen the occasions of war—even as reflect the Jewish belief that the highest phone, or they will send me an email, and we we debate these great issues, we must be re- form of charity is to do our part to help oth- will pray together, and they will pray for me minded of the difference that we can make ers to stand on their own. and my family, and for our country. each day in our small interactions, in our Treating others as you want to be treated; But I don’t stop there. I would be remiss if personal lives. I stopped there; if my values were limited to requiring much from those who have been As a loving husband, or a supportive par- personal moments of prayer or private con- given so much; living by the principle that ent, or a good neighbor, or a helpful col- versations with pastors or friends. So, in- we are our brother’s keeper; caring for the league—in each of these roles, we help bring stead, I must try—imperfectly, but I must poor and those in need. These values are old. His kingdom to Earth. And as important as try—to make sure those values motivate me They can be found in many denominations government policy may be in shaping our as one leader of this great nation. and many faiths, among many believers and world, we are reminded that it is the cumu- And so when I talk about our financial in- among many non-believers. And they are lative acts of kindness and courage and char- stitutions playing by the same rules as folks values that have always made this country ity and love, It is the respect that we show on Main Street, when I talk about making great—when we live up to them; when we each other and the generosity that we share sure insurance companies are not discrimi- don’t just give lip service to them; when we with each other that in our every day lives nating against those who are already sick, or don’t just talk about them one day a year. will somehow sustain us during these chal- making sure that unscrupulous lenders are And they are the ones that have defined my lenging times. John tells us that, ‘‘If anyone not taking advantage of the most vulnerable own faith journey. has material possessions and sees his brother among us, I do so because I genuinely believe And today, with as many challenges as we in need but has no pity on him, how can the it will make the economy stronger for every- face, these are the values I believe we are love of God be in him? Dear children, let us body. But I also do it because I know that far going to have to return to in the hope that not love with words or tongue but with ac- too many neighbors in our country have God will buttress our efforts. tions and in truth.’’ been hurt and treated unfairly over the last Now, we can earnestly seek to see these MARK read a letter from Billy Graham, and few years, and I believe in God’s command to values lived out in our politics and our poli- it took me back to one of the great honors of ‘‘love thy neighbor as thyself.’’ I know that cies, and we can earnestly disagree on the my life, which was visiting Reverend Gra- a version of that Golden Rule is found in best way to achieve these values. In the ham at his mountaintop retreat in North every major religion and every set of be- words of C.S. Lewis, ‘‘Christianity has not, Carolina, when I was on vacation with my liefs—from Hinduism to Islam to Judaism to and does not profess to have a detailed polit- family in a hotel not far away. the writings of Plato. ical program. It is meant for all men at all And I can still remember winding up the And when I talk about shared responsi- times, and the particular program which path, up a mountain to his home. Ninety-one bility, it is because I genuinely believe that suited one place or time would not suit an- years old at the time, facing various health in a time when many folks are struggling, at other.’’ challenges, he welcomed me as he would wel- a time when we have enormous deficits, it is Our goal should not be to declare our poli- come a family member or a close friend. This hard for me to ask seniors on a fixed income, cies as Biblical. It is God who is infallible, man who had prayed great prayers that in- or young people with student loans, or mid- not us. Michelle reminds me of this often. So spired a nation, this man who seemed larger dle-class families who can barely pay the instead, it is our hope that people of goodwill than life, greeted me and was as kind and as bills to shoulder the burden alone. And I can pursue their values and common ground gentle as could be. think to myself, if I am willing to give some- and the common good as best they know And we had a wonderful conversation. Be- thing up as someone who has been extraor- how, with respect for each other. And I have fore I left, Reverend Graham started to pray dinarily blessed, and give up some of the tax to say that sometimes we talk about respect, for me, as he had prayed for so many Presi- breaks that I enjoy, I actually think that is but we don’t act with respect towards each dents before me. And when he finished pray- going to make economic sense. other during the course of these debates. ing, I felt the urge to pray for him. I didn’t But for me as a Christian, it also coincides But each and every day, for many in this really know what to say. What do you pray with Jesus’s teaching that ‘‘for unto whom room, the Biblical injunctions are not just for when it comes to the man who has prayed much is given, much shall be required.’’ It words, they are also deeds—every single day, for so many? But like that verse in Romans, mirrors the Islamic belief that those who in different ways, so many of you are living the Holy Spirit interceded when I didn’t have been blessed have an obligation to use out your faith in service to others. know quite what to say. those blessings to help others, or the Jewish Just last month, it was inspiring to see And so I prayed—briefly, but I prayed from doctrine of moderation and consideration for thousands of young Christians filling the the heart. I don’t have the intellectual ca- others. Georgia Dome at the Passion Conference, to pacity or the lung capacity of some of my

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3810 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 great preacher friends here who have prayed a difference in everyone’s lives and giving us pressed confusion whether Mr. Ravi for a long time. But I prayed. And we ended the power to go out and change the world. could have been prosecuted under our with an embrace and a warm good-bye. And we thank you for your love, your grace recently passed Federal hate crimes And I thought about that moment all the and your mercy and as we leave today, we law. way down the mountain, and I have thought thank you that we take those qualities that about it in the many days since. Because I can show the world not only with our words As chairman of the Senate Judiciary thought about my own spiritual journey— but with our actions. In Jesus’ name we Committee, let me clarify the scope of growing up in a household that was not par- pray, Amen. Federal hate crimes statutes. First, the ticularly religious; going through my own f Matthew Shepard and James Byrd, Jr. period of doubt and confusion, finding Christ Hate Crimes Prevention Act protects when I was not even looking for him so many CONVICTION OF DHARUN RAVI the constitutional right of every indi- years ago; possessing so many shortcomings Mr. LEAHY. Mr. President, last vidual to have her own thoughts and that have been overcome by the simple grace week, a jury in New Jersey convicted beliefs and express them in a lawful of God. And the fact that I would ever be on top of a mountain, saying a prayer for Billy Dharun Ravi for violations of New Jer- manner. The law does not prohibit or Graham—a man whose faith had changed the sey criminal laws against bias intimi- punish speech, expression, or associa- world and that had sustained him through dation and invasion of privacy. Mr. tion in any way—even hate speech. The triumphs and tragedies, and movements and Ravi had used a Webcam to spy on and Constitution does not permit us in milestones—that simple fact humbled me to then publicize an intimate encounter Congress to prohibit the expression of my core. between his college roommate, Tyler an idea simply because we disagree I have fallen on my knees with great regu- Clementi, and another man. Tragically, with it. larity since that moment—asking God for Mr. Clementi became so distraught The Matthew Shepard Act punishes guidance not just in my personal life and my physical violence, not speech. The law Christian walk, but in the life of this nation that he took his own life. and in the values that hold us together and Young men and women should not be requires the defendant to have caused keep us strong. I know that He will guide us. bullied or shamed because of their sex- or attempted to cause bodily injury to He always has and He always will. And I pray ual orientation. It is incumbent on the victim while being motivated by his richest blessings on each of you in the every segment of society to do what we the victim’s sexual orientation or an- days ahead. can to stop bullying in schools and in other defined characteristic. Impor- Thank you very much. our communities. As Tyler Clementi’s tantly, the defendant in a Federal hate Senator PRYOR: Thank you, Mr. President, father said after the jury verdict was crimes case must have acted willfully. for sharing your heart and your faith with In other words, the defendant must us. You have a room full of people here who announced: are praying for you and your family. God To our college, high school and even mid- have voluntarily and intentionally bless the President of the United States of dle school youngsters, I would say this: caused bodily injury to the victim. America. You’re going to meet a lot of people in your From what we know of the Ravi case, Speaking of powerful people, let’s hear one lifetime. Some of these people you may not the defendant could not have been more time from Jackie Evancho. like. But just because you don’t like them prosecuted under the Matthew Shepard ‘‘The Lord’s Prayer’’ sung by Miss Jackie does not mean you have to work against Act because Mr. Ravi did not willfully Evancho. them. cause bodily injury to Tyler Clementi, Senator SESSIONS: Thank you, Jackie, and I can only imagine the Clementi fam- nor did he willfully cause the victim to may God’s blessings continue with you. My ily’s grief and suffering over their loss. take his own life. thanks to the President, Eric, all our speak- I applaud the efforts they are making ers up here this morning You have given us We know that the consequences of a lot to think about. Now it is our job to to raise awareness about the real dan- bias-motivated violence extend beyond ponder these things in our hearts and to turn gers of bullying on American cam- the victim. Hate crimes instill fear in those good ideas into action. puses. those who have no connection to the Senator PRYOR: Being a part of this Na- The Senate is also taking steps to ad- victim other than a shared char- tional Prayer Breakfast is a great privilege dress the growing problem of bullying. acteristic such as race, religion, na- and now it becomes a great responsibility. I I am pleased to be a cosponsor of Sen- tional origin, gender, disability, or sex- believe God is counting on you and me to ator CASEY’s Safe Schools Improve- ual orientation. Preventing such con- love and pray where we are. Let’s complain ment Act, which requires schools to es- a lot less and let’s pray and love a lot more sequences is the reason I offered the so God can use us to make a better world. tablish bullying prohibition policies Matthew Shepard Act as an amend- And now to close us in prayer is Robert Grif- and would help educators identify and ment to the Defense authorization bill fin III of Baylor University. address any conduct based on a stu- more than 2 years ago. The law has al- Mr. Robert Griffin, III: Before I close in dent’s actual or perceived race, color, ready resulted in several Federal prayer, I would just like to say, ‘‘Sic em, religion, gender, disability, or sexual criminal convictions. For example, two Bears.’’ And to the President, if you ever get orientation. Another bill that I support Arkansas men were convicted after a little tired of running the country or any- is the Student Non-Discrimination Act thing like that, a little bored, I would love to they targeted five Hispanic victims at introduced by Senator FRANKEN, which play you in basketball. It would be a friendly a gas station and rammed their car off competition because I wouldn’t want anyone would define harassment as a form of the road causing serious injuries. Two to feel like I was trying to hurt you or any- discrimination in our public schools. other men in New Mexico were con- thing, so I wouldn’t dunk on you at all. This Both bills have more than 35 cospon- victed under this statute for branding a has been a really long breakfast. The longest sors and deserve full consideration by disabled Navajo man with a swastika I have ever been a part of. I guess everyone the Senate. It has been well docu- while writing the words ‘‘KKK’’ and up here got the memo except for me because mented that students who are para- ‘‘white power’’ on his body. both of my cups are empty because I drank lyzed by fear of bullying cannot effec- The Ravi prosecution was brought them. No one else drank anything and I real- tively learn. Congress should help en- ly have to use the bathroom. So will go under New Jersey’s laws, which are dif- ahead and close this out so we can all go sure that States and schools have the ferent from our Federal hate crimes ahead and do that. tools they need to prevent or punish laws. If you could bow your heads, please. Father bullying in any form. We must do more f God, we thank you for this day as a day you to ensure that all students are pro- have made and we rejoice and we are glad in tected and can thrive in their schools. TRIBUTE TO ADMIRAL ROBERT F. it. Today has truly been a great day, many In the aftermath of Dharun Ravi’s WILLARD great speakers and a lovely singer who has conviction in New Jersey, there has Mr. MCCAIN. Mr. President, today I blessed all of our hearts and brought many been some commentary on hate crimes rise to honor a distinguished naval offi- to tears. Father God, in Jesus’ name, we thank you that we could sit up here and laws generally. Some have wondered cer and a true patriot. Having just thank you for so many different things and whether hate crimes laws criminalize passed the torch of command for U.S. be here all day. But most of all, we thank thoughts or beliefs and have the effect Pacific Command, Admiral Robert F. you above all for having the ability to make of chilling free speech. Others have ex- Willard will hang up one last time the

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3811 uniform he first donned almost four ther and other great men has been ad- els, including the importance of par- decades ago. On the eve of his retire- mirably served by the leadership of Ad- ticipation as a citizen, the power of a ment, it is fitting to memorialize in miral Willard. vote, the checks and balances of our the annals of this chamber Admiral Admiral Willard has always paid trib- three branches, and our founding docu- Willard’s years of selfless service to ute to his spouse of 38 years Donna, ments. We must continue to remain in- our Nation. who has been a tireless advocate for vested in the knowledge and ideals our A Los Angeles native, Admiral Wil- the men and women of the commands future generations bring forth. lard graduated from the United States in which she and her husband have The USSYP understands the impor- Naval Academy and was commissioned served, and a wonderful ambassador for tance of fostering the genuine interest in 1973. After he completed flight train- the United States and the Navy. And so in public service held by our Nation’s ing and qualified as a naval aviator, he I extend a grateful Nation’s thanks to youth, and only selects high schoolers served in F 14 fighter squadrons oper- the Willards and their children Jen- to participate who have demonstrated ating off of the aircraft carriers USS nifer, Bryan, and Mark for their excep- a commitment to their student govern- Constellation, USS Ranger, and USS tional service, best wishes for the next ment or local civic organizations. I Kitty Hawk. Admiral Willard’s pro- chapter in their life, and fair winds and hope the USSYP’s strong 50 years can ficiency in the cockpit led to his as- following seas. serve as a model for similar programs— signment to Navy Fighter Weapons f especially to reach those who may not School, more commonly known as have the support or resources to define TOPGUN, where he served as the oper- 50TH ANNIVERSARY OF THE or act on their passion for public serv- ations and executive officer. Many may UNITED STATES SENATE YOUTH ice. The USSYP has created an alumni not know that Admiral Willard was the PROGRAM fund to assist delegates, who are enter- aerial coordinator for the 1986 movie Mr. BLUMENTHAL. Mr. President, ing college or the work force in a low- Top Gun and also appeared in it as a for 50 years, the United States Senate paying, public service capacity, by pro- flight instructor. Admiral Willard later Youth Program, USSYP, has selected 2 viding scholarships. This great first commanded the famous Screaming Ea- remarkable high school students from step provides support to our young con- gles Fighter Squadron operating off of each State, the District of Columbia, stituents who are striving to realize the USS Carl Vinson. and the Department of Defense Edu- their dreams, but are worried about the In 1992, following his successful com- cation Activity program to visit our costs involved. pletion of nuclear power training, Ad- Nation’s capital for an inspiring week- I enjoyed meeting with the Con- miral Willard rejoined the USS Carl long immersion in the workings of the necticut delegates during the annual Vinson as its executive officer. He went Federal government and a mirror into Senate reception during Washington on to command the amphibious flag- public service. The students that par- Week and appreciated our thoughtful ship USS Tripoli and the aircraft car- ticipate in the USSYP have gone on to dialogue. Their visit has left me in- rier USS Abraham Lincoln. As a flag of- dedicate their lives to our country, in- spired and hopeful about our country’s ficer, Admiral Willard twice served on cluding Senator SUSAN COLLINS, New future. the Joint Staff, was deputy and chief of Jersey Governor Chris Christie, and I know my colleagues will join me in staff for U.S. Pacific Fleet, commanded former presidential advisor Karl Rove. recognizing the importance of the Carrier Group Five embarked upon the Started in 1962 through the adoption United States Senate Youth program USS Kitty Hawk, and commanded Sev- of S. Res. 324, this program is as cru- for the next 50 years. enth Fleet in Yokosuka, Japan. In cial now as it was when it was first cre- f March 2005, Admiral Willard became ated. The USSYP acknowledges our ADDITIONAL STATEMENTS the 34th Vice Chief of Naval Oper- country’s need to encourage inspired ations, and in May 2007, he became and proactive youth. It takes a stand Commander of the United States Pa- against complacency and apathy when JACKSON’S SUGAR HOUSE AND cific Fleet. it comes to learning, gives students a VEGETABLE STAND On October 19, 2009, Admiral Willard chance to see firsthand the hard work ∑ Ms. SNOWE. Mr. President, each was appointed as Commander, U.S. Pa- and dedication of appointed and elected year as winter makes way for spring, cific Command. He assumed command officials, and sustains and heightens across my home state of Maine you when much of our focus was still on the their passion for helping others after will see maple trees lined with metal Middle East and North Africa, and the program is finished. It also aims to buckets poised to collect delectable rightly so. Conflicts there, however, in instill a true understanding of the maple syrup. Maine is the third largest no way diminished the importance of democratic process ‘‘and the vital im- producer of maple syrup in America, the Asia-Pacific, where strategically portance of democratic decision mak- and last year experienced a 14 percent important events unfolded during Ad- ing not only for America but for people increase, generating a remarkable miral Willard’s command. As the around the world’’ (S. Res. 324), cre- 360,000 gallons. As maple sugar season United States rebalances its national ating a cadre of young ambassadors commences and Maine looks forward to security strategy and realigns its who promote representative govern- celebrating the time-honored Maple forces with a greater focus on the Asia- ment in their own communities. Sugar Sunday, I rise to commend Jack- Pacific, Admiral Willard’s leadership I wish to recognize the partners of son’s Sugar House & Vegetable Stand over the last 2 years has laid a critical the USSYP, most especially the Hearst located in Oxford, ME. foundation for our security and that of Foundations, and my Senate colleagues Often times a small request sparks a our allies, now and in years to come. who participated in Washington Week marvelous business enterprise. For Pacific Command is personally reso- a few weeks ago. I thank the Hearst Roger Jackson, owner of Jackson’s nant with me. Between 1968 and 1972, Foundations for their generous offer to Sugar House & Vegetable Stand, his my father held the position, then fund this program as long as the Sen- passion for maple syrup was reignited a known as Commander-in-Chief, Pacific ate keeps it alive. Also, I express my few years ago when his granddaughter Command, that Admiral Willard has gratitude for nonprofit organizations sought help for a school project on how just relinquished. The running joke be- that are innovatively addressing the to make the sweet liquid. Although tween Admiral Willard and me has deficit of civic knowledge and public Roger had been producing maple syrup been that he was living in my father’s responsibility in our Nation’s students. on and off since he was 6 years old, his old house. And so, of all the praise and For example, iCivics, a project started granddaughter’s question renewed his accolades I could bestow on Admiral by Justice Sandra Day O’Connor, aims love for this New England staple. And Willard for his service to our Nation, to use video games and other web-based the results have been incredibly sweet. the best and most appropriate would tools to engage students and teach As a veteran in maple syrup produc- be: the command undertaken by my fa- them about our government on all lev- tion, Roger is familiar with the trials

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3812 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 and tribulations that go along with packaged my share of pancake mix or for a ceremony as part of the commemora- this endeavor. While it is often hard to other food. So, I know firsthand how tion of the days of remembrance of victims turn a profit as a small producer, the dedicated they are in making sure that of the Holocaust. smiles on his customers’ faces truly no one goes to bed hungry. The message further announced that make it all worthwhile. Further, com- Whether we call it hunger, food inse- the House agrees to the amendment of pared to when Roger was a child, im- curity or something else, what we are the Senate to the bill (H.R. 886) to re- provements in technology have cer- really talking about is the tragedy of quire the Secretary of the Treasury to tainly enhanced and eased the process having hungry families in the richest mint coins in commemoration of the of turning sap into maple sugar. For country in the world. 225th anniversary of the establishment example, today Jackson’s Sugar House Rachel saw that inequity and spent of the Nation’s first Federal law en- uses a stainless steel evaporator— her life doing something about it. Be- forcement agency, the United States equipment that enables them to easily cause of that fewer people in Oregon Marshals Service. remove water and ensure better control went hungry because she gave them a f over the quality of their product. This place to go—a place to look to—for MEASURES REFERRED basic nutritious food to put on their evaporation process is a vast improve- The following bills were read the first table. ment over Roger’s childhood maple and the second times by unanimous making experiences involving boiling Because of Rachel Bristol, the food bank is a better organization and Or- consent, and referred as indicated: sap over an open flame. H.R. 665. An act to establish a pilot pro- Roger’s expertise in maple syrup has egon is a better community. While she may be retiring, something gram for the expedited disposal of Federal certainly not gone unnoticed. He was real property; to the Committee on Home- recently appointed by the Maine De- tells me that the fight against hunger land Security and Governmental Affairs. ∑ partment of Agriculture Commis- will always be a part of who she is. H.R. 2087. An act to remove restrictions sioner, Walter Whitcomb, to the Maine f from a parcel of land situated in the Atlantic District, Accomack County, Virginia; to the Maple Task Force Study Group to rep- MESSAGES FROM THE PRESIDENT Committee on Commerce, Science, and resent producers of maple sugar prod- Transportation. ucts with 1,000 or fewer taps. This Task Messages from the President of the Force was created in May of 2011, as United States were communicated to f part of the State’s legislation ‘‘To the Senate by Mr. Pate, one of his sec- MEASURES DISCHARGED retaries. Study the Promotion and Expansion of The following bill was discharged the Maine Maple Sugar Industry.’’ Rog- f from the Committee on Energy and er’s participation on the task force has EXECUTIVE MESSAGES REFERRED Natural Resources, and referred as in- been instrumental in ensuring that the dicated: As in executive session the Presiding needs of small producers and mom and H.R. 306. An act to direct the Secretary of pop sugarhouse operations are vigor- Officer laid before the Senate messages the Interior to enter into an agreement to ously advocated. from the President of the United provide for management of the free-roaming Maple syrup and all maple sugar States submitting sundry nominations wild horses in and around the Currituck Na- products are certainly among the which were referred to the appropriate tional Wildlife Refuge; to the Committee on sweetest commodities produced in committees. Environment and Public Works. Maine. Thanks to the proficiency and (The nominations received today are f resolve of individuals such as Roger printed at the end of the Senate pro- EXECUTIVE AND OTHER Jackson, Maine continues to produce ceedings.) COMMUNICATIONS the highest quality maple products. I f The following communications were am proud to extend my congratula- MESSAGES FROM THE HOUSE laid before the Senate, together with tions to Roger Jackson and everyone accompanying papers, reports, and doc- at Jackson’s Sugar House & Vegetable At 10:42 a.m., a message from the House of Representatives, delivered by uments, and were referred as indicated: Stand for their dedication to excel- EC–5401. A communication from the Sec- lence, and offer my best wishes for Mrs. Cole, one of its reading clerks, an- nounced that the House has passed the retary of Transportation, transmitting, pur- their continued success.∑ suant to law, a report entitled ‘‘2010 Status following bills, in which it requests the f of the Nation’s Highways, Bridges and Tran- concurrence of the Senate: sit: Conditions and Performance’’; to the TRIBUTE TO RACHEL BRISTOL H.R. 665. An act to establish a pilot pro- Committee on Commerce, Science, and ∑ Mr. WYDEN. Mr. President, today I gram for the expedited disposal of Federal Transportation. real property. EC–5402. A communication from the Acting wish to recognize someone who has H.R. 2087. An act to remove restrictions Deputy Assistant Administrator for Regu- spent the last 30 years in the front from a parcel of land situated in the Atlantic latory Programs, National Marine Fisheries ranks of the fight against hunger in my District, Accomack County, Virginia. Service, Department of Commerce, transmit- State. The message also announced that ting, pursuant to law, the report of a rule en- Rachel Bristol, president and CEO of titled ‘‘Western Pacific Fisheries; 2012 An- pursuant to Senate Concurrent Resolu- nual Catch Limits and Accountability Meas- the Oregon Food Bank, has devoted her tion 35, 112th Congress, and the order of life to making sure that Oregonians in ures’’ (RIN0648–XA674) received in the Office the House of January 5, 2011, the of the President of the Senate on March 2, need are able to put nutritious food on Speaker appoints the following Mem- 2012; to the Committee on Commerce, the table. She has spent every minute bers of the House of Representatives to Science, and Transportation. of every day of her career doing every- the Joint Congressional Committee on EC–5403. A communication from the Acting Division Chief, Office of National Marine thing in her power to eliminate hunger. Inaugural Ceremonies: Mr. BOEHNER of As Rachel retires, she leaves behind a Sanctuaries, National Oceanic and Atmos- Ohio, Mr. CANTOR of Virginia, and Ms. legacy of determination and hard work pheric Administration, transmitting, pursu- PELOSI of California. ant to law, the report of a rule entitled that has guided the Oregon Food Bank ‘‘Overflight Regulations for the Channel Is- and seen it expand into a professional At 4:30 p.m., a message from the lands, Monterey Bay, Gulf of the Farallones, organization that reflects her vision of House of Representatives, delivered by and Olympic Coast National Marine Sanc- what a community should do to help Mr. Novotny, one of its reading clerks, tuaries’’ (RIN0648–AX79) received in the Of- those in need. announced that the House has agreed fice of the President of the Senate on March Last year alone, the Oregon Food to the following concurrent resolution, 2, 2012; to the Committee on Commerce, Science, and Transportation. Bank Network distributed more than in which it requests the concurrence of EC–5404. A communication from the Acting 81 million pounds of food. I am proud to the Senate: Director, Office of Sustainable Fisheries, De- say that I have stood beside the food H. Con. Res. 108. Concurrent resolution per- partment of Commerce, transmitting, pursu- bank’s employees and volunteers and mitting the use of the rotunda of the Capitol ant to law, the report of a rule entitled

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3813 ‘‘Fisheries of the Exclusive Economic Zone (RIN0648–AY56) received in the Office of the 2012; to the Committee on Commerce, Off Alaska; Pacific Cod By Vessels Using Pot President of the Senate on March 2, 2012; to Science, and Transportation. Gear in the Western Regulatory Area of the the Committee on Commerce, Science, and EC–5420. A communication from the Senior Gulf of Alaska’’ (RIN0648–XA988) received in Transportation. Program Analyst, Federal Aviation Adminis- the Office of the President of the Senate on EC–5412. A communication from the Acting tration, Department of Transportation, March 2, 2012; to the Committee on Com- Deputy Assistant Administrator for Regu- transmitting, pursuant to law, the report of merce, Science, and Transportation. latory Programs, National Marine Fisheries a rule entitled ‘‘Airworthiness Directives; EC–5405. A communication from the Acting Service, Department of Commerce, transmit- Lycoming Engines Reciprocating Engines’’ Director, Office of Sustainable Fisheries, De- ting, pursuant to law, the report of a rule en- ((RIN2120–AA64) (Docket No. FAA–2011–0533)) partment of Commerce, transmitting, pursu- titled ‘‘Fisheries of the Northeastern United received in the Office of the President of the ant to law, the report of a rule entitled States; Northeast Multispecies Fishery; Gulf Senate on March 12, 2012; to the Committee ‘‘Fisheries of the Exclusive Economic Zone of Maine Winter Flounder Catch Limit Revi- on Commerce, Science, and Transportation. Off Alaska; Pacific Cod by Vessels Using Pot sions’’ (RIN0648–XA913) received in the Office EC–5421. A communication from the Senior Gear in the Central Regulatory Area of the of the President of the Senate on March 2, Program Analyst, Federal Aviation Adminis- Gulf of Alaska’’ (RIN0648–XA992) received in 2012; to the Committee on Commerce, tration, Department of Transportation, the Office of the President of the Senate on Science, and Transportation. transmitting, pursuant to law, the report of March 2, 2012; to the Committee on Com- EC–5413. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- Various Transport Category Airplanes’’ EC–5406. A communication from the Acting tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2010–0956)) Director, Office of Sustainable Fisheries, De- transmitting, pursuant to law, the report of received in the Office of the President of the partment of Commerce, transmitting, pursu- a rule entitled ‘‘Standard Instrument Ap- Senate on March 12, 2012; to the Committee ant to law, the report of a rule entitled proach Procedures; Miscellaneous Amend- on Commerce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone ments (29); Amdt. No. 3461’’ (RIN2120–AA65) EC–5422. A communication from the Senior Off Alaska; Reallocation of Pacific Cod in received in the Office of the President of the Program Analyst, Federal Aviation Adminis- the Bering Sea and Aleutian Islands Manage- Senate on March 6, 2012; to the Committee tration, Department of Transportation, ment Area’’ (RIN0648–XA987) received in the on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Office of the President of the Senate on EC–5414. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; March 2, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- Turbomeca S.A. Turboshaft Engines’’ merce, Science, and Transportation. tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2009–0889)) EC–5407. A communication from the Senior transmitting, pursuant to law, the report of received in the Office of the President of the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Standard Instrument Ap- Senate on March 12, 2012; to the Committee tration, Department of Transportation, proach Procedures; Miscellaneous Amend- on Commerce, Science, and Transportation. EC–5423. A communication from the Senior transmitting, pursuant to law, the report of ments (82); Amdt. No. 3460’’ (RIN2120–A65) re- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; ceived in the Office of the President of the tration, Department of Transportation, Augusta S.p.A. Helicopters’’ ((RIN2120–AA64) Senate on March 6, 2012; to the Committee transmitting, pursuant to law, the report of (Docket No. FAA–2011–1454)) received in the on Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on EC–5415. A communication from the Senior The Boeing Company Airplanes’’ ((RIN2120– March 6, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- AA64) (Docket No. FAA–2011–0725)) received merce, Science, and Transportation. tration, Department of Transportation, in the Office of the President of the Senate EC–5408. A communication from the Acting transmitting, pursuant to law, the report of on March 12, 2012; to the Committee on Com- Deputy Assistant Administrator for Regu- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. latory Programs, National Marine Fisheries The Boeing Company Airplanes’’ ((RIN2120– EC–5424. A communication from the Senior Service, Department of Commerce, transmit- AA64) (Docket No. FAA–2011–0382)) received Program Analyst, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate tration, Department of Transportation, titled ‘‘Fisheries of the Exclusive Economic on March 6, 2012; to the Committee on Com- transmitting, pursuant to law, the report of Zone Off Alaska; Community Development merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Quota Program’’ (RIN0648–AV33) received in EC–5416. A communication from the Senior Bombardier Inc., Airplanes’’ ((RIN2120–AA64) the Office of the President of the Senate on Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2011–1092)) received in the March 2, 2012; to the Committee on Com- tration, Department of Transportation, Office of the President of the Senate on merce, Science, and Transportation. transmitting, pursuant to law, the report of March 12, 2012; to the Committee on Com- EC–5409. A communication from the Acting a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Deputy Assistant Administrator for Regu- Eclipse Aerospace, Inc. Airplanes Equipped EC–5425. A communication from the Senior latory Programs, National Marine Fisheries with Pratt and Whitney Canada, Corp. Program Analyst, Federal Aviation Adminis- Service, Department of Commerce, transmit- PW610F 09A Engines’’ ((RIN2120–AA64) tration, Department of Transportation, ting, pursuant to law, the report of a rule en- (Docket No. FAA–2011–0199)) received in the transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Exclusive Economic Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; Zone Off Alaska; Chinook Salmon Bycatch March 6, 2012; to the Committee on Com- The Boeing Company Airplanes’’ ((RIN2120– Management in the Bering Sea Pollock Fish- merce, Science, and Transportation. AA64) (Docket No. FAA–2011 0571)) received ery; Economic Data Collection’’ (RIN0648– EC–5417. A communication from the Senior in the Office of the President of the Senate BA80) received in the Office of the President Program Analyst, Federal Aviation Adminis- on March 12, 2012; to the Committee on Com- of the Senate on March 2, 2012; to the Com- tration, Department of Transportation, merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of EC–5426. A communication from the Senior tation. a rule entitled ‘‘Part 95 Instrument Flight Program Analyst, Federal Aviation Adminis- EC–5410. A communication from the Acting Rules (4); Amdt. No. 498’’ (RIN2120–AA63) re- tration, Department of Transportation, Deputy Assistant Administrator for Regu- ceived in the Office of the President of the transmitting, pursuant to law, the report of latory Programs, National Marine Fisheries Senate on March 6, 2012; to the Committee a rule entitled ‘‘Airworthiness Directives; Service, Department of Commerce, transmit- on Commerce, Science, and Transportation. Fokker Services B.V. Airplanes’’ ((RIN2120– ting, pursuant to law, the report of a rule en- EC–5418. A communication from the Trial AA64) (Docket No. FAA–2011–1067)) received titled ‘‘Fisheries of the Caribbean, Gulf of Attorney, Federal Railroad Administration, in the Office of the President of the Senate Mexico, and South Atlantic; Comprehensive Department of Transportation, transmitting, on March 12, 2012; to the Committee on Com- Ecosystem-Based Amendment 2 for the pursuant to law, the report of a rule entitled merce, Science, and Transportation. South Atlantic Region; Correction’’ ‘‘Conductor Certification’’ (RIN2130–AC36) EC–5427. A communication from the Senior (RIN0648–BB26) received in the Office of the received in the Office of the President of the Program Analyst, Federal Aviation Adminis- President of the Senate on March 2, 2012; to Senate on March 12, 2012; to the Committee tration, Department of Transportation, the Committee on Commerce, Science, and on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Transportation. EC–5419. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; EC–5411. A communication from the Acting Program Analyst, Federal Aviation Adminis- DASSAULT AVIATION Airplanes’’ Deputy Assistant Administrator for Regu- tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2011–1166)) latory Programs, National Marine Fisheries transmitting, pursuant to law, the report of received in the Office of the President of the Service, Department of Commerce, transmit- a rule entitled ‘‘Airworthiness Directives; Senate on March 12, 2012; to the Committee ting, pursuant to law, the report of a rule en- Rolls Royce plc (RR) RB211 Trent 800 Series on Commerce, Science, and Transportation. titled ‘‘Fisheries of the Caribbean, Gulf of Turbofan Engines’’ ((RIN2120–AA64) (Docket EC–5428. A communication from the Senior Mexico, and South Atlantic; Reef Fish Fish- No. FAA–2010–0755)) received in the Office of Program Analyst, Federal Aviation Adminis- ery of the Gulf of Mexico; Amendment 32’’ the President of the Senate on March 12, tration, Department of Transportation,

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3814 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 transmitting, pursuant to law, the report of EC–5436. A communication from the Senior S. 2217. A bill to amend the Food Security a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- Act of 1985 to restore integrity to and Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, strengthen payment limitation rules for (Docket No. FAA–2011–1227)) received in the transmitting, pursuant to law, the report of commodity payments and benefits; to the Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; Committee on Agriculture, Nutrition, and March 12, 2012; to the Committee on Com- General Electric Company Turbofan En- Forestry. merce, Science, and Transportation. gines’’ ((RIN2120–AA64) (Docket No. FAA– By Mr. LIEBERMAN (for himself, Ms. EC–5429. A communication from the Senior 2010–0068)) received in the Office of the Presi- COLLINS, Mr. CARPER, Mr. MCCAIN, Program Analyst, Federal Aviation Adminis- dent of the Senate on March 12, 2012; to the and Mr. BROWN of Massachusetts): tration, Department of Transportation, Committee on Commerce, Science, and S. 2218. A bill to reauthorize the United transmitting, pursuant to law, the report of Transportation. States Fire Administration, and for other a rule entitled ‘‘Airworthiness Directives; EC–5437. A communication from the Senior purposes; to the Committee on Homeland Se- The Boeing Company Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- curity and Governmental Affairs. AA64) (Docket No. FAA–2006–25001)) received tration, Department of Transportation, By Mr. WHITEHOUSE (for himself, Mr. in the Office of the President of the Senate transmitting, pursuant to law, the report of FRANKEN, Mr. SCHUMER, Mr. BENNET, on March 12, 2012; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; Mr. MERKLEY, Mrs. SHAHEEN, Mr. merce, Science, and Transportation. Honeywell International Inc. TPE331–10 and UDALL of New Mexico, Mr. WYDEN, EC–5430. A communication from the Senior TPE331–11 Series Turboprop Engines’’ Mr. SANDERS, Mr. BEGICH, Mrs. MUR- Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2011–0789)) RAY, Mr. MENENDEZ, Mr. LEVIN, Mr. tration, Department of Transportation, received in the Office of the President of the KERRY, Mr. BINGAMAN, Mrs. BOXER, transmitting, pursuant to law, the report of Senate on March 12, 2012; to the Committee Mr. HARKIN, Mr. LEAHY, Ms. STABE- a rule entitled ‘‘Airworthiness Directives; on Commerce, Science, and Transportation. NOW, Mr. ROCKEFELLER, Mrs. GILLI- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) EC–5438. A communication from the Senior BRAND, Mr. REED, Mr. BLUMENTHAL, (Docket No. FAA–2011–0994)) received in the Program Analyst, Federal Aviation Adminis- Mr. DURBIN, Ms. KLOBUCHAR, Mr. Office of the President of the Senate on tration, Department of Transportation, COONS, Mr. CARDIN, Mr. UDALL of Col- March 12, 2012; to the Committee on Com- transmitting, pursuant to law, the report of orado, Mr. BROWN of Ohio, Mr. WEBB, merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Mr. CONRAD, Mrs. MCCASKILL, Mr. EC–5431. A communication from the Senior Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) CASEY, Mr. AKAKA, Mr. LAUTENBERG, Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2012–0037)) received in the Mrs. FEINSTEIN, and Ms. LANDRIEU): tration, Department of Transportation, Office of the President of the Senate on S. 2219. A bill to amend the Federal Elec- transmitting, pursuant to law, the report of March 12, 2012; to the Committee on Com- tion Campaign Act of 1971 to provide for ad- a rule entitled ‘‘Airworthiness Directives; 328 merce, Science, and Transportation. ditional disclosure requirements for corpora- Support Services GmbH (Type Certificate EC–5439. A communication from the Senior tions, labor organizations, Super PACs and Previously Held by AvCraft Aerospace Program Analyst, Federal Aviation Adminis- other entities, and for other purposes; to the GmbH; Fairchild Dornier GmbH; Dornier tration, Department of Transportation, Committee on Rules and Administration. Luftfahrt GmbH) Airplanes’’ ((RIN2120–AA64) transmitting, pursuant to law, the report of By Mr. LEVIN: (Docket No. FAA–2011–0912) received in the a rule entitled ‘‘Airworthiness Directives; S. 2220. A bill for the relief of Momo Krcic; Office of the President of the Senate on CFM International, S.A. Turbofan Engines’’ to the Committee on the Judiciary. March 12, 2012; to the Committee on Com- ((RIN2120–AA64) (Docket No. FAA–2011–0946)) By Mr. THUNE (for himself, Mr. merce, Science, and Transportation. received in the Office of the President of the MORAN, Mr. MCCAIN, Mr. TESTER, Mr. EC–5432. A communication from the Senior Senate on March 12, 2012; to the Committee RUBIO, Mr. PAUL, Mr. TOOMEY, Mr. Program Analyst, Federal Aviation Adminis- on Commerce, Science, and Transportation. WICKER, Mr. SESSIONS, Mr. VITTER, tration, Department of Transportation, EC–5440. A communication from the Senior Mr. LEE, Mr. MCCONNELL, Ms. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- AYOTTE, Mr. BARRASSO, Mr. BLUNT, a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Mr. BOOZMAN, Mr. BURR, Mr. CHAM- Rolls-Royce plc (RR) RB211–535 Series Tur- transmitting, pursuant to law, the report of BLISS, Mr. COCHRAN, Mr. COATS, Mr. bofan Engine’’ ((RIN2120–AA64) (Docket No. a rule entitled ‘‘Airworthiness Directives; CRAPO, Mr. DEMINT, Mr. ENZI, Mr. FAA–2009–0994)) received in the Office of the Rolls-Royce plc Turbofan Engines’’ GRAHAM, Mr. CORNYN, Mr. GRASSLEY, President of the Senate on March 12, 2012; to ((RIN2120–AA64) (Docket No. FAA–2012–0004)) Mr. COBURN, Mr. HOEVEN, Mr. INHOFE, the Committee on Commerce, Science, and received in the Office of the President of the Mr. ISAKSON, Mr. JOHANNS, Mr. Transportation. Senate on March 12, 2012; to the Committee HATCH, Mr. KIRK, Mr. KYL, Mr. EC–5433. A communication from the Senior on Commerce, Science, and Transportation. LUGAR, Mr. JOHNSON of Wisconsin, Mr. RISCH, Mr. ROBERTS, and Mr. Program Analyst, Federal Aviation Adminis- f tration, Department of Transportation, ALEXANDER): transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND S. 2221. A bill to prohibit the Secretary of a rule entitled ‘‘Airworthiness Directives; JOINT RESOLUTIONS Labor from finalizing a proposed rule under Lycoming Engines Reciprocating Engines’’ the Fair Labor Standards Act of 1938 relating The following bills and joint resolu- to child labor; to the Committee on Health, ((RIN2120–AA64) (Docket No. FAA–2011–0691)) tions were introduced, read the first received in the Office of the President of the Education, Labor, and Pensions. Senate on March 12, 2012; to the Committee and second times by unanimous con- By Mr. SANDERS (for himself, Mr. on Commerce, Science, and Transportation. sent, and referred as indicated: BLUMENTHAL, Mr. CARDIN, Ms. KLO- EC–5434. A communication from the Senior By Mr. DURBIN (for himself, Mr. BOOZ- BUCHAR, Mr. FRANKEN, Mr. NELSON of Program Analyst, Federal Aviation Adminis- MAN, and Mr. COONS): Florida, Mr. BROWN of Ohio, and Mrs. tration, Department of Transportation, S. 2215. A bill to create jobs in the United FEINSTEIN): transmitting, pursuant to law, the report of States by increasing United States exports S. 2222. A bill to require the Commodity a rule entitled ‘‘Airworthiness Directives; to Africa by at least 200 percent in real dol- Futures Trading Commission to take certain Thielert Aircraft Engines GmbH Recipro- lar value within 10 years, and for other pur- actions to reduce excessive speculation in cating Engines’’ ((RIN2120–AA64) (Docket No. poses; to the Committee on Foreign Rela- energy markets; to the Committee on Agri- culture, Nutrition, and Forestry. FAA–2011–0956)) received in the Office of the tions. By Mr. GRAHAM (for himself, Mr. President of the Senate on March 12, 2012; to By Mr. MERKLEY (for himself and Mr. COCHRAN, Mr. WICKER, Mr. BURR, and the Committee on Commerce, Science, and LUGAR): Mr. SHELBY): Transportation. S. 2216. A bill to amend the Farm Security S.J. Res. 38. A joint resolution dis- EC–5435. A communication from the Senior and Rural Investment Act of 2002 to author- approving a rule submitted by the Depart- Program Analyst, Federal Aviation Adminis- ize the Secretary of Agriculture to make ment of Labor relating to the certification of tration, Department of Transportation, loans to certain entities that will use the nonimmigrant workers in temporary or sea- transmitting, pursuant to law, the report of funds to make loans to consumers to imple- sonal nonagricultural employment; to the a rule entitled ‘‘Airworthiness Directives; ment cost-effective energy efficiency meas- Committee on the Judiciary. Superior Air Parts, Lycoming Engines (For- ures to promote energy cost savings and merly Textron Lycoming), and Continental rural development; to the Committee on Ag- f Motors, Inc., Fuel-Injected Reciprocating riculture, Nutrition, and Forestry. SUBMISSION OF CONCURRENT AND Engines’’ ((RIN2120–AA64) (Docket No. FAA– By Mr. GRASSLEY (for himself, Mr. SENATE RESOLUTIONS 2011–0547)) received in the Office of the Presi- JOHNSON of South Dakota, Mr. BROWN dent of the Senate on March 12, 2012; to the of Ohio, Mrs. GILLIBRAND, Mr. ENZI, The following concurrent resolutions Committee on Commerce, Science, and Mr. NELSON of Nebraska, and Mr. and Senate resolutions were read, and Transportation. HARKIN): referred (or acted upon), as indicated:

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3815 By Mr. WHITEHOUSE (for himself and toring programs, and for other pur- the carrying of certain concealed fire- Mr. KERRY): poses. arms. S. Res. 401. A resolution expressing appre- S. 1129 At the request of Mr. THUNE, the ciation for Foreign Service and Civil Service names of the Senator from Kansas (Mr. professionals who represent the United At the request of Mr. BARRASSO, the States around the globe; to the Committee names of the Senator from Utah (Mr. MORAN) and the Senator from Kansas on Foreign Relations. LEE) and the Senator from North Da- (Mr. ROBERTS) were added as cospon- By Mr. COONS (for himself, Mr. kota (Mr. HOEVEN) were added as co- sors of S. 2213, supra. INHOFE, Mr. LIEBERMAN, Mr. MENEN- sponsors of S. 1129, a bill to amend the S. RES. 356 DEZ, Mr. HATCH, Mr. DURBIN, Mr. Federal Land Policy and Management At the request of Mrs. FEINSTEIN, the LEAHY, Mr. SCHUMER, Mr. AKAKA, Act of 1976 to improve the management name of the Senator from Vermont Mrs. MURRAY, Mr. WHITEHOUSE, Mr. of grazing leases and permits, and for (Mr. LEAHY) was added as a cosponsor TESTER, Mr. NELSON of Nebraska, Mr. FRANKEN, Ms. LANDRIEU, Mr. REED, other purposes. of S. Res. 356, a resolution expressing Mr. MORAN, Mr. GRAHAM, Mr. LEVIN, S. 1366 support for the people of Tibet. Ms. COLLINS, Mr. ISAKSON, Mrs. FEIN- At the request of Ms. CANTWELL, the S. RES. 397 STEIN, Mr. MCCAIN, Mr. BEGICH, Mrs. name of the Senator from Montana At the request of Mr. COONS, the BOXER, Mr. WICKER, Mr. BROWN of (Mr. TESTER) was added as a cosponsor name of the Senator from Pennsyl- Ohio, Mr. LAUTENBERG, Mr. MERKLEY, of S. 1366, a bill to amend the Internal vania (Mr. CASEY) was added as a co- Mr. COATS, Mr. CARDIN, Mr. CORNYN, and Mr. BLUNT): Revenue Code of 1986 to broaden the sponsor of S. Res. 397, a resolution pro- S. Res. 402. A resolution condemning Jo- special rules for certain governmental moting peace and stability in Sudan, seph Kony and the Lord’s Resistance Army plans under section 105(j) to include and for other purposes. for committing crimes against humanity and plans established by political subdivi- f mass atrocities, and supporting ongoing ef- sions. forts by the United States Government and STATEMENTS ON INTRODUCED S. 2090 governments in central Africa to remove Jo- BILLS AND JOINT RESOLUTIONS At the request of Mr. AKAKA, the seph Kony and Lord’s Resistance Army com- By Mr. DURBIN (for himself, Mr. manders from the battlefield; to the Com- name of the Senator from Alaska (Mr. BOOZMAN, and Mr. COONS): mittee on Foreign Relations. BEGICH) was added as a cosponsor of S. By Mr. REID (for himself and Mr. 2090, a bill to amend the Indian Law S. 2215. A bill to create jobs in the MCCONNELL): Enforcement Reform Act to extend the United States by increasing United S. Res. 403. A resolution to authorize testi- period of time provided to the Indian States exports to Africa by at least 200 mony, document production, and legal rep- Law and Order Commission to produce percent in real dollar value within 10 resentation in United States v. Richard F. years, and for other purposes; to the ‘‘Dickie’’ Scruggs; considered and agreed to. a required report, and for other pur- poses. Committee on Foreign Relations. f Mr. DURBIN. Mr. President, I ask S. 2122 unanimous consent that the text of the ADDITIONAL COSPONSORS At the request of Mr. PAUL, the name bill be printed in the RECORD. S. 102 of the Senator from Florida (Mr. There being no objection, the text of At the request of Mr. MCCAIN, the RUBIO) was added as a cosponsor of S. the bill was ordered to be printed in 2122, a bill to clarify the definition of name of the Senator from Florida (Mr. the RECORD, as follows: navigable waters, and for other pur- RUBIO) was added as a cosponsor of S. S. 2215 102, a bill to provide an optional fast- poses. Be it enacted by the Senate and House of Rep- S. 2165 track procedure the President may use resentatives of the United States of America in when submitting rescission requests, At the request of Mrs. BOXER, the Congress assembled, and for other purposes. name of the Senator from Oklahoma SECTION 1. SHORT TITLE. S. 418 (Mr. COBURN) was added as a cosponsor This Act may be cited as the ‘‘Increasing At the request of Mr. MCCONNELL, his of S. 2165, a bill to enhance strategic American Jobs Through Greater Exports to name was added as a cosponsor of S. cooperation between the United States Africa Act of 2012’’. 418, a bill to award a Congressional and Israel, and for other purposes. SEC. 2. FINDINGS; PURPOSE. Gold Medal to the World War II mem- S. 2201 (a) FINDINGS.—Congress makes the fol- bers of the Civil Air Patrol. At the request of Mr. GRASSLEY, the lowing findings: name of the Senator from Oregon (Mr. (1) Export growth helps United States busi- S. 1039 ness grow and create American jobs. In 2010, At the request of Mr. CARDIN, the MERKLEY) was added as a cosponsor of 60 percent of American exports came from names of the Senator from Ohio (Mr. S. 2201, a bill to amend the Internal small- and medium-sized businesses. BROWN) and the Senator from Utah Revenue Code of 1986 to extend the re- (2) On January 31, 2011, the President man- (Mr. LEE) were added as cosponsors of newable energy credit. dated an executive review across agencies to S. 1039, a bill to impose sanctions on S. 2204 determine where the United States Govern- ment could become more competitive and persons responsible for the detention, At the request of Mr. MENENDEZ, the helpful to business, including help with pro- abuse, or death of Sergei Magnitsky, names of the Senator from Michigan moting exports. for the conspiracy to defraud the Rus- (Ms. STABENOW), the Senator from New (3) Several United States Government sian Federation of taxes on corporate York (Mr. SCHUMER), the Senator from agencies are involved in export promotion. profits through fraudulent transactions Illinois (Mr. DURBIN), the Senator from Coordination of the efforts of these agencies and lawsuits against Hermitage, and Florida (Mr. NELSON), the Senator from through the Trade Promotion Coordinating for other gross violations of human Missouri (Mrs. MCCASKILL), the Sen- Committee lacks sufficient strategic imple- rights in the Russian Federation, and ator from Minnesota (Mr. FRANKEN), mentation and accountability. for other purposes. the Senator from Rhode Island (Mr. (4) Many other countries have trade pro- motion programs that aggressively compete S. 1086 REED) and the Senator from New against United States exports in Africa and At the request of Mr. HARKIN, the Hampshire (Mrs. SHAHEEN) were added around the world. For example, in 2010, names of the Senator from North Caro- as cosponsors of S. 2204, a bill to elimi- medium- and long-term official export credit lina (Mr. BURR) and the Senator from nate unnecessary tax subsidies and pro- general volumes from the Group of 7 coun- Pennsylvania (Mr. CASEY) were added mote renewable energy and energy con- tries (Canada, France, Germany, Italy, as cosponsors of S. 1086, a bill to reau- servation. Japan, the United Kingdom, and the United States) totaled $65,400,000,000. Germany pro- S. 2213 thorize the Special Olympics Sport and vided the largest level of support at Empowerment Act of 2004, to provide At the request of Mr. LUGAR, his $22,500,000,000, followed by France at assistance to Best Buddies to support name was withdrawn as a cosponsor of $17,400,000,000 and the United States at the expansion and development of men- S. 2213, a bill to allow reciprocity for $13,000,000,000. Official export credit support

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by emerging market economies such as (4) APPROPRIATE CONGRESSIONAL COMMIT- economic communities, supporting efforts Brazil, China, and India are significant as TEES.—The term ‘‘appropriate congressional for deeper integration through the develop- well. committees’’ means— ment of customs unions within western and (5) Between 2008 and 2010, China alone pro- (A) the Committee on Appropriations, the central Africa and within eastern and south- vided more than $110,000,000,000 in loans to Committee on Banking, Housing, and Urban ern Africa, eliminating time-consuming bor- the developing world, and, in 2009, China sur- Affairs, and the Committee on Foreign Rela- der formalities into and within these areas, passed the United States as the leading trade tions of the Senate; and and supporting regionally based infrastruc- partner of African countries. The Export-Im- (B) the Committee on Appropriations, the ture projects; port Bank of the United States substantially Committee on Energy and Commerce, the (7) encouraging a greater understanding increased lending to United States busi- Committee on Financial Services, the Com- among United States business and financial nesses focused on Africa from $400,000,000 in mittee on Foreign Affairs, and the Com- communities of the opportunities Africa 2009 to an anticipated $1,000,000,000 in 2011, mittee on Ways and Means of the House of holds for United States exports; and but the Export-Import Bank of China Representatives. (8) monitoring— dwarfed this effort with an estimated (5) DEVELOPMENT AGENCIES.—The term ‘‘de- (A) market loan rates and the availability $12,000,000,000 worth of financing. velopment agencies’’ includes the Depart- of capital for United States business invest- (6) Other countries such as India, Turkey, ment of State, including the United States ment in Africa; Russia, and Brazil are also aggressively seek- Agency for International Development (B) loan rates offered by the governments ing markets in Africa using their national (USAID), the Millennium Challenge Corpora- of other countries for investment in Africa; export banks to provide concessional assist- tion (MCC), the Overseas Private Investment and ance. Corporation (OPIC), and the United States (C) the policies of other countries with re- (7) The Chinese practice of concessional fi- Trade and Development Agency (USTDA). spect to export financing for investment in nancing runs contrary to the principles of (6) TRADE POLICY STAFF COMMITTEE.—The Africa that are predatory or distort markets. the Organization of Economic Co-operation term ‘‘Trade Policy Staff Committee’’ means (c) CONSULTATIONS.—In developing the and Development related to open market the Trade Policy Staff Committee estab- strategy required by subsection (a), the rates, undermines naturally competitive lished pursuant to section 2002.2 of title 15, President shall consult with— rates, and can allow governments in Africa Code of Federal Regulations, and is com- (1) Congress; to overlook the troubling record on labor posed of representatives of Federal agencies (2) each agency that is a member of the practices, human rights, and environmental in charge of developing and coordinating Trade Promotion Coordinating Committee; impact. United States positions on international (3) the multilateral development banks; (8) The African continent is undergoing a trade and trade-related investment issues. (4) each agency that participates in the period of rapid growth and middle class de- (7) MULTILATERAL DEVELOPMENT BANKS.— Trade Policy Staff Committee; velopment, as seen from major indicators The term ‘‘multilateral development banks’’ (5) the President’s National Export Coun- such as Internet use and clean water access. has the meaning given that term in section cil; In 2000, only 6.7 percent of the population of 1701(c)(4) of the International Financial In- (6) each of the development agencies; Africa had access to the Internet. In 2009, 27.1 stitutions Act (22 U.S.C. 262r(c)(4)) and in- (7) any other Federal agencies with respon- percent of the population had Internet ac- cludes the African Development Foundation. sibility for export promotion or financing cess. Seventy-eight percent of Africa’s rural (8) SUB-SAHARAN REGION.—The term ‘‘sub- and development; and population now has access to clean water. Saharan region’’ refers to the 49 countries (8) the private sector, including businesses, (9) Economists have designated Africa as listed in section 107 of the African Growth nongovernmental organizations, and African the ‘‘next frontier market’’, with profit- and Opportunity Act (19 U.S.C. 3706) and in- diaspora groups. ability and growth rates among many Afri- cludes the Republic of South Sudan. (d) SUBMISSION TO CONGRESS.— can firms exceeding global averages in re- (9) TRADE PROMOTION COORDINATING COM- (1) STRATEGY.—Not later than 180 days cent years. Countries in Africa have a collec- MITTEE.—The term ‘‘Trade Promotion Co- after the date of the enactment of this Act, tive spending power of almost $9,000,000,000 ordinating Committee’’ means the Trade the President shall submit to Congress the and a gross domestic product of Promotion Coordinating Committee estab- strategy required by subsection (a). $1,600,000,000,000, which are projected to dou- lished by Executive Order 12870 (58 Fed. Reg. (2) PROGRESS REPORT.—Not later than 3 ble in the next 10 years. 51753). years after the date of the enactment of this (10) Sub-Saharan Africa is projected to (10) UNITED STATES AND FOREIGN COMMER- Act, the President shall submit to Congress have the fastest growing economies in the CIAL SERVICE.—The term ‘‘United States and a report on the implementation of the strat- world over the next 5 years, with 7 of the 10 Foreign Commercial Service’’ means the egy required by subsection (a). fastest growing economies located in sub-Sa- United States and Foreign Commercial Serv- (3) CONTENT OF REPORT.—The report re- haran Africa. ice established by section 2301 of the Export quired by paragraph (2) shall include an as- (11) When countries such as China assist Enhancement Act of 1988 (15 U.S.C. 4721). sessment of the extent to which the strategy with large-scale government projects, they SEC. 4. STRATEGY. required by subsection (a)— also gain an upper hand in relations with Af- (a) IN GENERAL.—Not later than 180 days (A) has been successful in developing crit- rican leaders and access to valuable com- after the date of the enactment of this Act, ical analyses of policies to increase exports modities such as oil and copper, typically the President shall establish a comprehen- to Africa; without regard to environmental, human sive United States strategy for public and (B) has been successful in increasing the rights, labor, or governance standards. private investment, trade, and development competitiveness of United States businesses (12) Unless the United States can offer in Africa. in Africa; competitive financing for its firms in Africa, (b) FOCUS OF STRATEGY.—The strategy re- (C) has been successful in creating jobs in it will be deprived of opportunities to par- quired by subsection (a) shall focus on— the United States, including the nature and ticipate in African efforts to close the con- (1) increasing exports of United States sustainability of such jobs; tinent’s significant infrastructure gap that goods and services to Africa by 200 percent in (D) has provided sufficient United States amounts to an estimated $100,000,000,000. real dollar value within 10 years from the Government support to meet third country (b) PURPOSE.—The purpose of this Act is to date of the enactment of this Act; competition in the region; create jobs in the United States by expand- (2) coordinating United States commercial (E) has been successful in helping the Afri- ing programs that will result in increasing interests with development priorities in Af- can diaspora in the United States participate United States exports to Africa by 200 per- rica; in economic growth in Africa; cent in real dollar value within 10 years. (3) developing relationships between the (F) has been successful in promoting eco- SEC. 3. DEFINITIONS. governments of countries in Africa and nomic integration in Africa; and In this Act: United States businesses that have an exper- (G) has made a meaningful contribution to (1) AFRICA.—The term ‘‘Africa’’ refers to tise in such issues as infrastructure develop- the transformation of Africa and its full in- the entire continent of Africa and its 54 ment, technology, telecommunications, en- tegration into the twenty-first century countries, including the Republic of South ergy, and agriculture; world economy, not only as a supplier of pri- Sudan. (4) improving the competitiveness of mary products but also as full participant in (2) AFRICAN DIASPORA.—The term ‘‘African United States businesses in Africa, including international supply and distribution chains. diaspora’’ means the people of African origin the role the African diaspora can play in en- SEC. 5. SPECIAL AFRICA STRATEGY COORDI- living in the United States, irrespective of hancing such competitiveness; NATOR. their citizenship and nationality, who are (5) exploring ways that African diaspora The President shall designate an individual willing to contribute to the development of remittances can help governments in Africa to serve as Special Africa Export Strategy Africa. tackle economic, development, and infra- Coordinator— (3) AGOA.—The term ‘‘AGOA’’ means the structure financing needs; (1) to oversee the development and imple- African Growth and Opportunity Act (19 (6) promoting economic integration in Af- mentation of the strategy required by sec- U.S.C. 3701 et seq.). rica through working with the subregional tion 4; and

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3817 (2) to coordinate with the Trade Promotion in Africa, to strengthen and expand the pri- cent of the amount by which the applicable Coordinating Committee, (the interagency vate sector in Africa, and to facilitate the amount under paragraph (1) is increased AGOA committees), and development agen- general economic development of Africa, under paragraph (2) (F) or (G) over the appli- cies with respect to developing and imple- with a particular focus on helping United cable amount for fiscal year 2011 shall be menting the strategy. States businesses expand into African mar- used for loans, guarantees, and insurance for SEC. 6. TRADE MISSION TO AFRICA. kets. projects in Africa.’’. It is the sense of Congress that, not later (2) REPORT.—The Corporation shall report (d) AVAILABILITY OF PORTION OF CAPITAL- than 1 year after the date of the enactment to the appropriate congressional committees IZATION TO COMPETE AGAINST FOREIGN of this Act, the Secretary of Commerce and on whether recent technology upgrades have CONCESSIONAL LOANS.—Not less than other high-level officials of the United resulted in more effective and efficient proc- $250,000,000 of the total bank capitalization States Government with responsibility for essing and tracking of applications for fi- of the Export-Import Bank shall be available export promotion, financing, and develop- nancing received by the Corporation. annually for loans that counter below-mar- ment should conduct a joint trade mission to SEC. 8. TRAINING. ket rate, preferential, tied aid, or other re- Africa. The President shall develop a plan— lated non-market loans offered by other na- SEC. 7. PERSONNEL. (1) to standardize the training received by tions for which United States companies are (a) UNITED STATES AND FOREIGN COMMER- United States and Foreign Commercial Serv- also competing or interested in competing. CIAL SERVICE.— ice officers, economic officers of the Depart- SEC. 10. TIED AID CREDIT FUND. ment of State, and economic officers of the (1) IN GENERAL.—As soon as practicable (a) SENSE OF CONGRESS.—It is the sense of United States Agency for International De- after the date of the enactment of this Act, Congress that the Export-Import Bank velopment with respect to the programs and the Secretary of Commerce shall ensure that should use its Tied Aid Credit Fund to ag- procedures of the Export-Import Bank of the not less than 14 total United States and For- gressively help United States companies United States, the Overseas Private Invest- eign Commercial Service officers are as- compete for projects in which a foreign gov- ment Corporation, the Small Business Ad- signed to Africa. ernment is using any type of below market, (2) ASSIGNMENT.—The Secretary shall, in ministration, and the United States Trade and Development Agency; and preferential, or tied aid loan. The Bank shall consultation with the Trade Promotion Co- make use of any loan products available, in- ordinating Committee and the Special Africa (2) to ensure that, not later than 1 year after the date of the enactment of this Act— cluding pursuant to section 9(d), to counter Export Strategy Coordinator, assign the these foreign offerings. United States and Foreign Commercial Serv- (A) all United States and Foreign Commer- cial Service officers that are stationed over- (b) REPORT.—Not later than 1 year after ice officers described in paragraph (1) to the date of the enactment of this Act, and United States embassies in Africa. seas receive the training described in para- graph (1); and annually thereafter, the Export-Import Bank (3) MULTILATERAL DEVELOPMENT BANKS.— (B) in the case of a country to which no shall report to the appropriate congressional (A) IN GENERAL.—As soon as practicable United States and Foreign Commercial Serv- committees if the Bank has not used at least after the date of the enactment of this Act, ice officer is assigned, any economic officer $220,000,000 in tied aid credit during the pre- the Secretary of Commerce shall assign not of the Department of State stationed in that ceding fiscal year. The report shall include— less than 1 full-time United States and For- country shall receive that training. (1) a description of all requests for grants eign Commercial Service officer to the office from the Tied-Aid Credit Fund or other simi- of the United States Executive Director at SEC. 9. EXPORT-IMPORT BANK CAPITALIZATION. (a) IN GENERAL.—Section 6(a)(2) of the Ex- lar funds (established under section 10 of the each multilateral development bank. port-Import Bank Act of 1945 (12 U.S.C. Export-Import Bank Act of 1945 (12 U.S.C. (B) RESPONSIBILITIES.—Each United States 635e(a)(2)) is amended— 635i–3)) received by the Bank during that fis- and Foreign Commercial Service officer as- (1) in subparagraph (D), by striking ‘‘and’’; cal year; signed under subparagraph (A) shall be re- (2) in subparagraph (E), by striking ‘‘2011,’’ (2) a description of similar concessional sponsible for— and inserting ‘‘2011, $95,000,000,000;’’; and (below market rate) loans made by other (i) increasing the access of United States (3) by adding at the end the following: countries during that fiscal year; and businesses to procurement contracts with ‘‘(F) during fiscal year 2012 and each fiscal (3) a description of any such grant requests the multilateral development bank to which year thereafter through fiscal year 2016, that were denied and the reason for such de- the officer is assigned; and $150,000,000,000; and nial. (ii) facilitating the access of United States ‘‘(G) subject to paragraph (4), during fiscal SEC. 11. SMALL BUSINESS ADMINISTRATION. businesses to risk insurance, equity invest- year 2017 and each fiscal year thereafter, Section 22(b) of the Small Business Act (15 ments, consulting services, and lending pro- $175,000,000,000.’’. vided by that bank. U.S.C. 649(b)) is amended— (b) SPECIAL RULE FOR INCREASE IN APPLICA- (1) in the matter preceding paragraph (1), (b) EXPORT-IMPORT BANK OF THE UNITED BLE AMOUNT.—Section 6(a) of the Export-Im- STATES.—Of the amounts collected by the by inserting ‘‘the Trade Promotion Coordi- port Bank Act of 1945 (12 U.S.C. 635e(a)) is nating Committee,’’ after ‘‘Director of the Export-Import Bank that remain after pay- amended by adding at the end the following: ing the expenses the Bank is authorized to United States Trade and Development Agen- ‘‘(4) SPECIAL RULE FOR INCREASE IN APPLICA- cy,’’; and pay from such amounts for administrative BLE AMOUNT.— expenses, the Bank shall use sufficient funds (2) in paragraph (3), by inserting ‘‘regional ‘‘(A) IN GENERAL.—Beginning in fiscal year offices of the Export-Import Bank,’’ after to do the following: 2017, and each fiscal year thereafter, the ap- ‘‘Retired Executives,’’. (1) Assign, in consultation with the Trade plicable amount under paragraph (1) shall be Promotion Coordinating Committee and the $175,000,000,000, if the Comptroller General of SEC. 12. BILATERAL, SUBREGIONAL AND RE- Special Africa Export Strategy Coordinator, the United States determines pursuant to GIONAL, AND MULTILATERAL AGREEMENTS. not less than 3 full-time employees of the subparagraph (B) that the increase in the ap- Bank to geographically appropriate field of- plicable amount under paragraph (1)(F) has Where applicable, the United States Trade fices in Africa. been effective in increasing viable loans to Representative and officials of the Export- (2) Increase the number of employees of the further United States exports, including to Import Bank shall explore opportunities to Bank assigned to United States field offices Africa. negotiate bilateral, subregional, and re- gional agreements that encourage trade and of the Bank to not less than 30, to be distrib- ‘‘(B) REPORT BY GAO.—The Comptroller uted as geographically appropriate through General of the United States shall conduct a eliminate nontariff barriers to trade between the United States. Such offices shall coordi- study of the operations of the Bank and the countries, such as negotiating investor nate with the related export efforts under- effectiveness of increasing the applicable friendly double-taxation treaties and invest- taken by the Small Business Administration amount under this subsection. Not later than ment promotion agreements. United States regional field offices. 18 months after the date of the enactment of negotiators in multilateral forum should (3) Upgrade the Bank’s equipment and soft- this Act, the Comptroller General shall sub- take into account the objectives of this Act. ware to more expeditiously, effectively, and mit a report to Congress regarding the To the extent any such agreements exist be- efficiently process and track applications for Comptroller General’s determination on the tween the United States and an African financing received by the Bank. effective use by the Bank of the increase in country, the Trade Representative shall en- (c) OVERSEAS PRIVATE INVESTMENT COR- the applicable amount under this sub- sure that the agreement is being imple- PORATION.— section.’’. mented in a manner that maximizes the (1) STAFFING.—Of the net offsetting collec- (c) PERCENT TO BE USED FOR PROJECTS IN positive effects for United States trade, ex- tions collected by the Overseas Private In- AFRICA.—Section 6(a) of the Export-Import port, and labor interests as well as the eco- vestment Corporation used for administra- Bank Act of 1945 (12 U.S.C. 635e(a)), as nomic development of the countries in Afri- tive expenses, the Corporation shall use suf- amended by subsection (b), is amended by ca. ficient funds to increase by not more than 5 adding at the end the following: the staff needed to promote stable and sus- ‘‘(5) PERCENT OF INCREASE TO BE USED FOR By Mr. GRASSLEY (for himself, tainable economic growth and development PROJECTS IN AFRICA.—Not less than 25 per- Mr. JOHNSON of South Dakota,

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Mr. BROWN of Ohio, Mrs. GILLI- upward pressure on land prices making There being no objection, the text of BRAND, Mr. ENZI, Mr. NELSON of it more difficult for small and begin- the bill was ordered to be printed in Nebraska, and Mr. HARKIN): ning farmers to buy ground. This is not the RECORD, as follows: S. 2217. A bill to amend the Food Se- unique to Iowa. This upward pressure S. 2217 curity Act of 1985 to restore integrity on land prices is occurring in many Be it enacted by the Senate and House of Rep- to and strengthen payment limitation other states. resentatives of the United States of America in rules for commodity payments and This bill proposes an overall cap of Congress assembled, benefits; to the Committee on Agri- $250,000 for a married couple. In my SECTION 1. SHORT TITLE. culture, Nutrition, and Forestry. State, many people would say this is This Act may be cited as the ‘‘Rural Amer- Mr. GRASSLEY. Mr. President, still too high. But I recognize that ag- ica Preservation Act of 2012’’. today I am introducing the Rural riculture can look different around the SEC. 2. PAYMENT LIMITATIONS. America Preservation Act of 2012. I ap- country, and so this is a compromise. Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is amended— preciate Senators JOHNSON of South Strong payment limits will ensure (1) in subsection (a), by striking paragraph Dakota, ENZI, BROWN of Ohio, GILLI- farm payments are helping those who (3) and inserting the following: BRAND, HARKIN, and NELSON of Ne- payments were originally created for, ‘‘(3) LEGAL ENTITY.— braska for joining on this bill, and in the small and medium-size farmers. ‘‘(A) IN GENERAL.—The term ‘legal entity’ this effort. Having an overall cap is more defen- means— As the Senate Agriculture Com- sible from a Federal budget standpoint ‘‘(i) an organization that (subject to the re- mittee continues working on the next as well. This Nation needs to make quirements of this section and section 1001A) Farm Bill, one thing seems to be clear. tough decisions regarding all govern- is eligible to receive a payment under a pro- The title one safety-net is going to ment programs. We need to find sav- vision of law referred to in subsection (b), look quite different than current pro- ings across the board. Setting strict (c), or (d); ‘‘(ii) a corporation, joint stock company, grams. It appears the direct payment caps on all commodity programs association, limited partnership, limited li- program may be done away with en- should be a no-brainer as we look to ability company, limited liability partner- tirely. Some of my colleagues and agri- find savings and increase account- ship, charitable organization, estate, irrev- culture groups have proposed a variety ability in farm programs. Having a de- ocable trust, grantor of a revocable trust, or of new ideas as possible replacements fensible safety-net also means closing other similar entity (as determined by the to the current commodity title. loopholes in the current law. Secretary); and No matter what commodity program For all the rhetoric that comes out of ‘‘(iii) an organization that is participating we create, my bill sets the marker on Washington, D.C. about eliminating in a farming operation as a partner in a gen- eral partnership or as a participant in a joint payment limitations. I introduced a fraud, waste, and abuse, making sure venture. similar payment limits bill last year, non-farmers don’t game the system is a ‘‘(B) EXCLUSION.—The term ‘legal entity’ but this bill should better address common sense step to take. It’s simple, does not include a general partnership or whatever type of safety-net program if you are not a farmer, you shouldn’t joint venture.’’; we adopt going forward. The premise get a farm payment. The bill I intro- (2) by striking subsections (b) through (d) remains the same. We need firm pay- duced last year, and this bill, has lan- and inserting the following: ment limit. We need to close loopholes. guage that closes the loopholes. ‘‘(b) LIMITATION ON PAYMENTS FOR COVERED I support having a safety-net for After I introduced the bill last year, COMMODITIES.—The total amount of pay- ments received, directly or indirectly, by a farmers. This nation enjoys a safe and we received some questions regarding person or legal entity for any crop year for abundant food supply. Certainly a lot the language from two camps of people. 1 or more covered commodities (except for of that can be attributed to the inge- The first camp of people I would say peanuts) under title I of the Food, Conserva- nuity and hard work of the American were critical because they don’t want tion, and Energy Act of 2008 (7 U.S.C. 8701 et farmer. But the farm safety-net helps the loopholes closed. They would have seq.) (or a successor provision) may not ex- small and medium-size farmers get us turn a blind eye to the fact people ceed $125,000, of which— through tough times that are out of game the system. They would have us ‘‘(1) not more than $75,000 may consist of their control. turn a blind eye to the fact we have marketing loan gains and loan deficiency We need an effective safety-net to as- payments under subtitle B or C of title I of nonfarmers who claim to help ‘‘man- the Food, Conservation, and Energy Act of sist farmers. But equally important is age’’ the farm by participating in one 2008 (7 U.S.C. 8731 et seq.) (or a successor pro- for Congress to develop a defensible or two conference calls a year. To vision); and safety-net. I will continue to work with those people, I cannot satisfy your con- ‘‘(2) not more than $50,000 may consist of my Agriculture committee colleagues cerns. I will not turn a blind eye to any other payments made for covered com- to figure out what type of program will abuses. These are loopholes that need modities under title I of the Food, Conserva- be most effective. to be closed. tion, and Energy Act of 2008 (7 U.S.C. 8702 et But we already know the steps that To the other camp of people, who seq.) (or a successor provision). ‘‘(c) LIMITATION ON PAYMENTS FOR PEA- need to be taken to make it more de- have provided constructive feedback, I NUTS.—The total amount of payments re- fensible. Defensible means setting firm would say, we have listened. The revi- ceived, directly or indirectly, by a person or caps on the farm payments any one sions we made addressed the issues legal entity for any crop year for peanuts farmer can receive. The current ap- raised. We have improved the language under title I of the Food, Conservation, and proach does not have any overall cap. closing the loopholes. This bill pro- Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or There is nothing wrong with farmers vides a tangible, workable, and fair ap- a successor provision) may not exceed growing their operations. But big farm- proach. Closing these loopholes is the $125,000, of which— ers shouldn’t be using taxpayer dollars right thing to do for the American tax- ‘‘(1) not more than $75,000 may consist of to get even bigger. When the largest 10 marketing loan gains and loan deficiency payer. It is the right thing to do for the payments under subtitle B or C of title I of percent of farmers receive 70 percent of American farmer. the Food, Conservation, and Energy Act of farm payments, something is wrong. Hard caps on farm payments and 2008 (7 U.S.C. 8731 et seq.) (or a successor pro- There comes a point where some farms closing loopholes should be supported vision); and reach levels that allow them to weath- by anyone who wants an effective and ‘‘(2) not more than $50,000 may consist of er the tough financial times on their defensible farm safety-net. As the Sen- any other payments made for peanuts under own. Smaller farms do not have the ate Agriculture Committee heads to- title I of the Food, Conservation, and Energy same luxury, but they play a pivotal ward a mark-up of the Farm Bill, I in- Act of 2008 (7 U.S.C. 8702 et seq.) (or a suc- role in producing this nation’s food. vite my Senate colleagues to join me cessor provision). ‘‘(d) SPOUSAL EQUITY.— If you want to witness how farm pay- in supporting this bill. ‘‘(1) IN GENERAL.—Notwithstanding sub- ments to big farmers creates a barrier Mr. President, I ask unanimous con- sections (b) and (c), except as provided in for small and beginning farmers, look sent that the text of the bill be printed paragraph (2), if a person and the spouse of at land prices. The current system puts in the RECORD. the person are covered by paragraph (2) and

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3819 receive, directly or indirectly, any payment ‘‘(ii) the transferor is provided preferential significant contribution (based on the total or gain covered by this section, the total rights to repurchase the asset or interest at value of the farming operation involved) of amount of payments or gains (as applicable) less than fair market value; or capital, equipment, or land, the partners or covered by this section that the person and ‘‘(B) a sale or exchange of any asset or members making a significant contribution spouse may jointly receive during any crop ownership interest in 1 or more legal entities of personal labor or active personal manage- year may not exceed an amount equal to under an arrangement under which rights to ment and meeting the standards provided in twice the applicable dollar amounts specified exercise control over the asset or interest subclauses (II) and (III) of subparagraph in subsections (b) and (c). are retained, directly or indirectly, by the (B)(i) shall be considered to be actively en- ‘‘(2) EXCEPTIONS.— transferor. gaged in farming with respect to the farming ‘‘(A) SEPARATE FARMING OPERATIONS.—In ‘‘(b) PAYMENTS LIMITED TO ACTIVE FARM- operation involved. the case of a married couple in which each ERS.— ‘‘(D) EQUIPMENT AND PERSONAL LABOR.—In spouse, before the marriage, was separately ‘‘(1) IN GENERAL.—To be eligible to receive, making determinations under this sub- engaged in an unrelated farming operation, directly or indirectly, payments or benefits section regarding equipment and personal each spouse shall be treated as a separate described as being subject to limitation in labor, the Secretary shall take into consider- person with respect to a farming operation subsection (b) or (c) of section 1001 with re- ation the equipment and personal labor nor- brought into the marriage by a spouse, sub- spect to a particular farming operation, a mally and customarily provided by farm op- ject to the condition that the farming oper- person or legal entity shall be actively en- erators in the area involved to produce pro- ation shall remain a separate farming oper- gaged in farming with respect to the farming gram crops. ation, as determined by the Secretary. operation, in accordance with paragraphs (2), ‘‘(E) SIGNIFICANT CONTRIBUTION OF PER- ‘‘(B) ELECTION TO RECEIVE SEPARATE PAY- (3), and (4). SONAL LABOR OR ACTIVE PERSONAL MANAGE- MENTS.—A married couple may elect to re- ‘‘(2) GENERAL CLASSES ACTIVELY ENGAGED IN MENT.— ceive payments separately in the name of FARMING.— ‘‘(i) IN GENERAL.—Subject to clause (ii), for each spouse if the total amount of payments ‘‘(A) DEFINITION OF ACTIVE PERSONAL MAN- purposes of subparagraph (B), a person shall and benefits described in subsections (b) and AGEMENT.—In this paragraph, the term ‘ac- be considered to be providing, on behalf of (c) that the married couple receives, directly tive personal management’ means, with re- the person or a legal entity, a significant or indirectly, does not exceed an amount spect to a person, management duties car- contribution of personal labor or active per- equal to twice the applicable dollar amounts ried out by the person for a farming oper- sonal management, if the total contribution specified in those subsections.’’; ation that are personally provided by the of personal labor and active personal man- (3) in paragraph (3)(B) of subsection (f), by person on a regular, continuous, and sub- agement is at least equal to the lesser of— adding at the end the following: stantial basis, including the supervision and ‘‘(I) 1,000 hours; or ‘‘(iii) IRREVOCABLE TRUSTS.—In promul- direction of— ‘‘(II) a period of time equal to— gating regulations to define the term ‘legal ‘‘(i) activities and labor involved in the ‘‘(aa) 50 percent of the commensurate share entity’ as the term applies to irrevocable farming operation; and of the total number of hours of personal trusts, the Secretary shall ensure that irrev- ‘‘(ii) onsite services directly related and labor or active personal management re- ocable trusts are legitimate entities that necessary to the farming operation. quired to conduct the farming operation; or have not been created for the purpose of ‘‘(bb) in the case of a stockholder or mem- ‘‘(B) ACTIVE ENGAGEMENT.—Except as pro- avoiding a payment limitation.’’; and ber (or household comprised of a stockholder vided in paragraph (3), for purposes of para- (4) in subsection (h), in the second sen- or member and the spouse of the stockholder graph (1), the following shall apply: tence, by striking ‘‘or other entity’’ and in- or member) that owns at least 10 percent of ‘‘(i) A person shall be considered to be ac- serting ‘‘or legal entity’’. the beneficial interest in a legal entity in tively engaged in farming with respect to a which all of the beneficial interests are held SEC. 3. SUBSTANTIVE CHANGE; PAYMENTS LIM- farming operation if— ITED TO ACTIVE FARMERS. by family members who do not collectively ‘‘(I) the person makes a significant con- The Food Security Act of 1985 is amended receive payments directly or indirectly, in- tribution, as determined under subparagraph by striking section 1001A (7 U.S.C. 1308–1) and cluding payments received by spouses, of (E) (based on the total value of the farming inserting the following: more than twice the applicable limit, 50 per- operation), to the farming operation of— ‘‘SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS cent of the commensurate share of hours of LIMITED TO ACTIVE FARMERS. ‘‘(aa) capital, equipment, or land; and the personal labor or active personal man- ‘‘(a) SUBSTANTIVE CHANGE.— ‘‘(bb) personal labor or active personal agement of all family members required to ‘‘(1) IN GENERAL.—For purposes of the ap- management; conduct the farming operation. ‘‘(II) the share of the profits or losses of plication of limitations under this section, ‘‘(ii) MINIMUM LABOR HOURS.—For the pur- the Secretary shall not approve any change the person from the farming operation is pose of clause (i), the minimum number of in a farming operation that otherwise would commensurate with the contributions of the labor hours required to produce a commodity increase the number of persons or legal enti- person to the operation; and shall be equal to the number of hours that ties to which the limitations under this sec- ‘‘(III) a contribution of the person is at would be necessary to conduct a farming op- tion apply, unless the Secretary determines risk. eration for the production of each com- that the change is bona fide and substantive. ‘‘(ii) A legal entity shall be considered to modity that is comparable in size to the ‘‘(2) SEPARATE EQUIPMENT AND LABOR.—For be actively engaged in farming with respect commensurate share of a person or legal en- the purpose of paragraph (1), any division of to a farming operation if— tity in the farming operation for the produc- a farming operation into 2 or more units ‘‘(I) the legal entity makes a significant tion of the commodity, based on the min- under which the equipment and labor are not contribution, as determined under subpara- imum number of hours per acre required to substantially separate shall not be consid- graph (E) (based on the total value of the produce the commodity in the State in ered bona fide and substantive. farming operation), to the farming operation which the farming operation is located, as ‘‘(3) FAMILY MEMBERS.—For the purpose of of capital, equipment, or land; determined by the Secretary. paragraph (1), the addition of a family mem- ‘‘(II)(aa) the stockholders or members that ‘‘(3) SPECIAL CLASSES ACTIVELY ENGAGED IN ber to a farming operation under the criteria collectively own at least 51 percent of the FARMING.—Notwithstanding paragraph (2), established under subsection (b)(3)(B) shall combined beneficial interest in the legal en- the following persons shall be considered to be considered to be a bona fide and sub- tity each make a significant contribution of be actively engaged in farming with respect stantive change in the farming operation. personal labor or active personal manage- to a farm operation: ‘‘(4) PRIMARY CONTROL.—To prevent a farm- ment to the operation; or ‘‘(A) LANDOWNERS.—A person or legal enti- ing operation from reorganizing in a manner ‘‘(bb) in the case of a legal entity in which ty that is a landowner contributing owned that is inconsistent with the purposes of this all of the beneficial interests are held by land, and that meets the requirements of Act, the Secretary shall promulgate such family members, any stockholder or member subclauses (II) and (III) of paragraph regulations as the Secretary determines to (or household comprised of a stockholder or (2)(B)(i), if, as determined by the Secretary— be necessary to simultaneously attribute member and the spouse of the stockholder or ‘‘(i) the landowner share-rents the land at payments for a farming operation to more member) who owns at least 10 percent of the a rate that is usual and customary; and than 1 person or legal entity, including the beneficial interest in the legal entity makes ‘‘(ii) the share received by the landowner is person or legal entity that exercises primary a significant contribution of personal labor commensurate with the share of the crop or control over the farming operation, includ- or active personal management; and income received as rent. ing to respond to— ‘‘(III) the legal entity meets the require- ‘‘(B) FAMILY MEMBERS.—With respect to a ‘‘(A)(i) any instance in which ownership of ments of subclauses (II) and (III) of clause farming operation conducted by persons who a farming operation is transferred to a per- (i). are family members, or a legal entity the son or legal entity under an arrangement ‘‘(C) CERTAIN ENTITIES MAKING SIGNIFICANT majority of the stockholders or members of that provides for the sale or exchange of any CONTRIBUTIONS.—If a general partnership, which are family members, an adult family asset or ownership interest in 1 or more legal joint venture, or similar entity (as deter- member who makes a significant contribu- entities at less than fair market value; and mined by the Secretary) separately makes a tion (based on the total value of the farming

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I am personal labor and, with respect to such con- ble for payment limitation purposes if the proud to have their support. tribution, who meets the requirements of person or legal entity is actively engaged in Reauthorization of the U.S. Fire Ad- subclauses (II) and (III) of paragraph farming based on paragraphs (1) through (3). ministration means that first respond- (2)(B)(i). ‘‘(7) GROWERS OF HYBRID SEED.—To deter- ers around the country will get the es- ‘‘(C) SHARECROPPERS.—A sharecropper who mine whether a person or legal entity grow- makes a significant contribution of personal ing hybrid seed under contract shall be con- sential training, education, and re- labor to the farming operation and, with re- sidered to be actively engaged in farming, search they need to help prevent fire- spect to such contribution, who meets the the Secretary shall not take into consider- related deaths and protect their com- requirements of subclauses (II) and (III) of ation the existence of a hybrid seed contract. munities from disasters of all kinds— paragraph (2)(B)(i), and who was receiving ‘‘(c) NOTIFICATION BY LEGAL ENTITIES.—To man-made and natural. payments from the landowner as a share- facilitate the administration of this section, Since its creation in 1974, the Fire cropper prior to the effective date of the each legal entity that receives payments or Administration and its Fire Academy Food, Conservation, and Energy Act of 2008 benefits described as being subject to limita- have helped prevent fires, protect prop- (Public Law 110–246; 122 Stat. 1651). tion in subsection (b) or (c) of section 1001 erty, and save lives among firefighters with respect to a particular farming oper- ‘‘(D) FARM MANAGERS.—A person who oth- and the public. Today, the Fire Admin- erwise meets the requirements of this sub- ation shall— section other than paragraph (2)(E) if— ‘‘(1) notify each person or other legal enti- istration is also integrated into our na- ‘‘(i) the individual— ty that acquires or holds a beneficial inter- tional, all-hazards preparations against ‘‘(I)(aa) provides more than 50 percent of est in the farming operation of the require- natural disasters and terrorist attacks. the commensurate share of the total number ments and limitations under this section; America’s firefighters play a vital of hours of active personal management re- and role in the security of our nation and it quired to conduct the farming operation; and ‘‘(2) provide to the Secretary, at such is important that, as a nation and a ‘‘(bb) is, with respect to the commensurate times and in such manner as the Secretary Congress, we support them. We can do share of the individual, the only party who is may require, the name and social security so by reauthorizing the United States number of each person, or the name and tax- providing active personal management and Fire Administration. Whether it is in who is at risk, other than a landlord, if any, payer identification number of each legal en- described in subparagraph (A); or tity, that holds or acquires such a beneficial response to a terrorist attack, a ‘‘(II)(aa) is the only individual qualifying interest.’’. wildland fire, or a house fire the com- the farming operation (including a sole pro- SEC. 4. FOREIGN PERSONS AND LEGAL ENTITIES munity, America has come to rely on prietorship, legal entity, general partner- MADE INELIGIBLE FOR PROGRAM firefighters. America’s firefighters— ship, or joint venture) as actively engaged in BENEFITS. whether career or volunteer—always farming; and Section 1001C of the Food Security Act of answer the call. ‘‘(bb) qualifies only a single sole propri- 1985 (7 U.S.C. 1308–3) is amended— In a report released in September, (1) in the section heading, by striking etorship, legal entity, general partnership, the United States Fire Administration or joint venture as actively engaged in farm- ‘‘PERSONS’’ and inserting ‘‘PERSONS AND LEGAL ENTITIES’’; found that, over the past 10 years, the ing; overall number of fires reported in the ‘‘(ii) the individual does not provide active (2) in subsection (b)— personal management to meet the require- (A) in the subsection heading, by striking United States has declined by 18 per- ments of this subsection for persons or legal ‘‘CORPORATION OR OTHER’’ and inserting cent. During this same time period, entities that collectively receive, directly or ‘‘LEGAL’’; there was also a 20 percent decline in indirectly, an amount equal to more than (B) in the first sentence, by striking ‘‘a civilian deaths and a 22 percent drop in the applicable limits under subsections (b), corporation or other entity shall be consid- civilian injuries. We can be proud of (c), and (d) of section 1001; and ered a person that’’ and inserting ‘‘a legal this progress. ‘‘(iii) the individual manages a farm oper- entity’’; and According to the report, however, (C) in the second sentence, by striking ‘‘an ation that is not jointly managed with per- ‘‘although America’s fire death rate is sons or legal entities that collectively re- entity’’ and inserting ‘‘a legal entity’’; and (3) in subsection (c), by striking ‘‘person’’ improving, it continues to be higher ceive, directly or indirectly, an amount than more than half of the industri- equal to more than the applicable limits and inserting ‘‘legal entity or person’’. under subsections (b), (c), and (d) of section SEC. 5. BUDGETARY EFFECTS. alized countries of the world.’’ Sadly, 1001. The budgetary effects of this Act, for the during this same time period, there has ‘‘(4) PERSONS AND LEGAL ENTITIES NOT AC- purpose of complying with the Statutory been an average of 3,570 deaths and TIVELY ENGAGED IN FARMING.—For the pur- Pay-As-You-Go-Act of 2010, shall be deter- nearly 18,300 injuries per year. The Fire poses of paragraph (1), except as provided in mined by reference to the latest statement Administration must work tirelessly to paragraph (3), the following persons and titled ‘‘Budgetary Effects of PAYGO Legisla- improve these statistics, which rep- tion’’ for this Act, submitted for printing in legal entities shall not be considered to be resent loss and pain to American fami- actively engaged in farming with respect to the Congressional Record by the Chairman of the Senate Budget Committee, provided that lies. a farm operation: We must also continue to educate ‘‘(A) LANDLORDS.—A landlord contributing such statement has been submitted prior to land to the farming operation if the landlord the vote on passage. and train current and future genera- receives cash rent, or a crop share guaran- tions of firefighters. The USFA plays teed as to the amount of the commodity to By Mr. LIEBERMAN (for himself, an important role in the professional be paid in rent, for such use of the land. Ms. COLLINS, Mr. CARPER, Mr. development of fire services personnel ‘‘(B) OTHER PERSONS AND LEGAL ENTITIES.— MCCAIN, and Mr. BROWN of Mas- through the National Fire Academy, by Any other person or legal entity, or class of sachusetts): providing courses in Fire Prevention persons or legal entities, that fails to meet S. 2218. A bill to reauthorize the Management, Hazardous Materials, In- the requirements of paragraphs (2) and (3), as United States Fire Administration, and cident Management, and Arson, as well determined by the Secretary. for other purposes; to the Committee as many other critical courses. ‘‘(5) PERSONAL LABOR OR ACTIVE PERSONAL on Homeland Security and Govern- My home State of Maine is keenly MANAGEMENT.—No stockholder or other member of a legal entity or person may pro- mental Affairs. aware of the dangers of fire and the im- vide personal labor or active personal man- Ms. COLLINS. Mr. President, as a co- portance of effective fire services. Ac- agement to meet the requirements of this chair of the Congressional Fire Caucus, cording to the Maine Department of subsection for persons or legal entities that I am pleased to join Senator Lieber- Public Safety, nearly 50 Mainers died collectively receive, directly or indirectly, man in introducing legislation to reau- in fires every year through the 1950s, an amount equal to— thorize the U.S. Fire Administration. ’60s, and ’70s. The average for the past ‘‘(A) more than the applicable limits under We appreciate Senators MCCAIN, CAR- decade is 17 per year, and 2011 sadly subsections (b) and (c) of section 1001; or PER and SCOTT BROWN becoming co- produced 23 fire-related deaths, up from ‘‘(B) in the case of a stockholder or mem- sponsors of this bill. The Congressional ber in conjunction with the spouse of the only nine in 2010—both are too many. stockholder or member, more than the appli- Fire Services Institute, the Inter- With the continued work of the U.S. cable limits described in subparagraph (A). national Association of Fire Fighters, Fire Administration and the valiant ef- ‘‘(6) CUSTOM FARMING SERVICES.—A person the International Association of Fire forts of our brave fire services per- or legal entity receiving custom farming Chiefs, and the National Volunteer sonnel, I believe we can make further

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3821 progress in lowering the number of fire Citizens United in 2010, there was a majority of their own employees do not related deaths in our nation. fourfold increase in expenditures from agree with their political representation. I ask that my colleagues support this super PACs and other outside groups Elizabeth in Wakefield wrote: legislation. compared to what occurred in 2006, Big business should not control our elec- with nearly three-quarters of that po- tions. It is bad enough that they deeply in- By Mr. WHITEHOUSE (for him- litical advertising coming from sources fluence our politicians through lobbyists. self, Mr. FRANKEN, Mr. SCHU- that were prohibited from spending But because of a 5-to-4 decision by MER, Mr. BENNET, Mr. MERKLEY, money in 2006—three-quarters of it. the conservative Justices in Citizens Mrs. SHAHEEN, Mr. UDALL of Also, in 2010, those 501(c)(4) and (c)(6) United, Congress cannot prohibit super New Mexico, Mr. WYDEN, Mr. organizations spent more than $135 PACs from drowning out the voices of SANDERS, Mr. BEGICH, Mrs. million in unlimited and secret con- ordinary Americans in our elections. MURRAY, Mr. MENENDEZ, Mr. tributions. Anonymous spending rose That leaves us with one weapon left in LEVIN, Mr. KERRY, Mr. BINGA- from 1 percent of outside spending in the fight against the overwhelming MAN, Mrs. BOXER, Mr. HARKIN, 2006 to 47 percent of outside spending in tidal wave of money from special inter- Mr. LEAHY, Ms. STABENOW, Mr. 2010. Nearly half of the money spent ests. That weapon is disclosure, day- ROCKEFELLER, Mrs. GILLIBRAND, through these outside organizations is light, information. Mr. REED, Mr. BLUMENTHAL, anonymous and secret. Today, along with 34 other Senators, Mr. DURBIN, Ms. KLOBUCHAR, If we look at the 2012 race that we are I am introducing legislation that will Mr. COONS, Mr. CARDIN, Mr. in right now, a Presidential race, and shine a bright light on these powerful UDALL of Colorado, Mr. BROWN compare it to the last Presidential shadowy interests. With this legisla- of Ohio, Mr. WEBB, Mr. CONRAD, race, we are already seeing similar om- tion, every citizen will know who is Mrs. MCCASKILL, Mr. CASEY, inous signs about the influence of spending these great sums of money to Mr. AKAKA, Mr. LAUTENBERG, money. The Federal Election Commis- get their candidate elected. I am deliv- Mrs. FEINSTEIN, and Ms. LAN- sion predicts that over $11 billion will ering this speech at a time that Sen- DRIEU): be spent on the 2012 elections, about ator BENNET, the distinguished junior S. 2219. A bill to amend the Federal double what was spent in 2008. Senator from Colorado is presiding. I Election Campaign Act of 1971 to pro- Super PACs, mostly linked to indi- am very conscious and aware as I de- vide for additional disclosure require- vidual candidates, spent about $100 mil- liver it of the immense amount of work ments for corporations, labor organiza- lion through the Super Tuesday con- that he has put in in the process of pre- tions, Super PACs and other entities, test in the Republican Presidential pri- paring this legislation, working on a and for other purposes; to the Com- mary, again, about twice what was strategy for going forward, working mittee on Rules and Administration. spent over the same period in 2008. In with our leadership to commence that Mr. WHITEHOUSE. Mr. President, I the two weeks leading up to Super strategy. am here today to introduce the DIS- Tuesday, outside PACs that supported I am grateful to him and the other CLOSE Act of 2012, and we are infor- the Republican Presidential candidates Senators I will mention later. For now mally closing DISCLOSE 2.0 in recogni- spent three times as much as the can- I will give the Presiding Officer the tion of the original bill that Senator didates themselves. lead. In 2010, under Senator SCHUMER’s SCHUMER worked so hard to get passed Our campaign finance system is bro- leadership and guidance, we came with- a few years ago. ken. Immediate action is required to in one vote of passing his original DIS- The Supreme Court’s 2010 decision in fix it. Americans of all political CLOSE Act. Since then, the problem of Citizens United v. Federal Election stripes, whatever their persuasion, are anonymous and unaccountable cor- Commission opened the floodgates to disgusted by the influence of unlimited porate money has become dramatically unlimited corporate and special inter- anonymous corporate cash in our elec- worse, and Americans are losing faith est money in elections, bringing about tions and by campaigns that succeed or in our political system as a result. an era where corporations and other fail depending on how many billion- More and more people believe their wealthy interests can drown out the aires the candidates have in their pock- government responds only to wealthy voices of voters in our political system. ets. and powerful corporate interests. As Worse still, much of this spending is Editorial boards across the country they see their jobs disappear and their anonymous so the public does not even decry this new pollution of our politics. wages stagnate, and bailouts and spe- know who is spending millions to influ- Republicans, such as former Governors cial deals for the big guys, they lose ence our elections. Here is how my Mike Huckabee and Tom Ridge, have faith that their elected officials are lis- home State newspaper, the Providence concluded that super PACs are, in Mr. tening to them. For our democracy to Journal, explained the Citizens United Huckabee’s words, ‘‘one of the worst remain strong, this trend cannot con- decision: things that ever happened in American tinue. We must redouble our efforts The ruling will mean that, more than ever, politics.’’ and pass the DISCLOSE Act of 2012. big-spending economic interests will deter- Seven in ten Americans, including a The bill we are introducing today has mine who gets elected. More money will es- majority of both Republicans and been trimmed down so it just does two pecially pour into relentless attack cam- Democrats, believe super PACS should simple things: One, if you are an orga- paigns. Free speech for most individuals will be illegal. Countless Rhode Islanders suffer because their voices will count for nization such as a corporation, a super are fed up with the influence of cor- PAC or a 401(c)(4) group spending even less than they do now. They will simply porate money in elections. I hear them be drowned out by the big money. money in an election campaign in sup- at my community dinners; I read their I think events have proven the Provi- port of or in opposition to a candidate, mail. Charles in Little Compton wrote you have to tell the public where that dence Journal correct. Senator JOHN to me, MCCAIN recently described these money came from and what you are [I]t is wrong that someone who shouts events. He said: spending it on in a timely manner. louder or further, in this instance solely be- That should not be a controversial idea I predicted when the United States Su- cause they have more money, should drown to anyone, at least to anyone who is preme Court, with their absolute ignorance out another person . . . [C]orporations have of what happens in politics, struck down [the no problem getting their views aired. not seeking special influence. If you are a top executive or a major McCain-Feingold campaign finance law], Hope-Whitney in Bristol wrote, that there would be a flood of money into donor of an organization spending mil- campaigns, not transparency, unaccounted [J]ust the idea that a corporation is con- lions of dollars on campaign ads, you for, and this is exactly what is happening. sidered an individual in regards to politics goes against everything American to me. have to take responsibility for those If we look at the 2006 and 2010 con- . . . [T]hey have become the Emperors as ads by having your name on the ad, and gressional elections where there was they have the financial ability to be heard in the case of an executive appearing in not a Presidential race going on after everywhere. . . . I’d be willing to bet that a the ad yourself. That is it. Two simple

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3822 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 provisions. Disclosure and a disclaimer. Democrats as we renew our efforts to matic effects in the Republican pri- These are reasonable provisions that curtail some of the worst abuses now mary elections this year and in the 2010 should have wide support from Demo- allowed because of the Supreme Court’s mid-term elections. Instead of hearing crats and Republicans alike. decision in Citizens United. The De- the voices of voters, we see a barrage of The DISCLOSE Act of 2012, the DIS- mocracy Is Strengthened by Casting negative advertisements from so-called CLOSE 2.0 Act, trims down the original Light On Spending in Elections, DIS- Super PAC’s. This comes as no surprise DISCLOSE Act in another way. We CLOSE, Act of 2012 will help to restore to the many of us in Congress and have raised the threshold for donations transparency in the campaign finance around the country who worried at the that require disclosure from $600 to laws gutted by the narrow, conserv- time of the Citizens United decision $10,000. It may sound as though $10,000 ative, activist majority of the Supreme that it turns the idea of government of, is a ridiculously high threshold, as Court in Citizens United. by and for the people on its head. We though that is an awful lot of money, Two years ago, with the stroke of a worried that the decision created new but when we look at what is happening pen, five Supreme Court justices over- rights for Wall Street at the expense of in these super PACs, $10,000 in this par- turned a century of law designed to the people on Main Street. We worried ticular world is no big deal. protect our elections from corporate that powerful corporate megaphones Ninety-three percent of money raised spending. They ran roughshod over would drown out the voices and inter- by super PACs in 2010 and 2011 that can longstanding precedent to strike down ests of individual Americans. It is clear be traced to specific donors came in key provisions of our bipartisan cam- those concerns were justified. contributions of $10,000 or more. So we paign finance laws, and ruled that cor- By reintroducing the DISCLOSE Act, will catch probably 93 percent of the porations are no longer prohibited from we continue to try to fight the effects money in this reporting provision, direct spending in political campaigns. of corporate influence unleashed by while leaving smaller donations and I was troubled at the time and remain Citizens United. The DISCLOSE Act of dues payments to membership organi- troubled today that in that case, the 2012 is focused on restoring trans- zations private. Supreme Court extended to corpora- parency and accountability to cam- The act also does not require the dis- tions the same First Amendment paign finance laws by ensuring that all closure of nonpolitical donations, affil- rights in the political process that are Americans know who is paying for iate transfers, business investments, guaranteed by the Constitution to indi- campaign ads. This is a critical step to- and other transfers of money that have vidual Americans. ward restoring the ability of American nothing to do with electioneering. Corporations are not the same as in- voters to be able to speak, be heard and At the same time, however, the bill dividual Americans. Corporations do to hear competing voices, and not be also contains strong provisions to pre- not have the same rights, the same overwhelmed by corporate influence vent the use of dummy organizations morals or the same interests. Corpora- and driven out of the governing proc- or shell corporations to hide their do- tions cannot vote in our democracy. ess. I hope that Republicans who have nations from public view. The way this They are artificial legal constructs seen the impact of waves of unaccount- bill is drafted, if somebody sets up a meant to facilitate business. The able corporate campaign spending will phony organization to take a contribu- Founders understood this. Americans not renew their obstruction of this im- tion and, in turn, make that contribu- across the country have long under- portant legislation. Even Senator tion to another phony organization stood this. A narrow majority on the MCCAIN, a lead co-author of the and, in turn, make that contribution to Supreme Court apparently did not. McCain-Feingold Act, has conceded another phony organization, before it When I cosponsored the first DIS- that Super PAC’s are ‘‘disgraceful.’’ finally lands in a super PAC that is CLOSE Act after the Supreme Court’s benefiting a candidate, we will be able decision in 2010, I hoped Republicans Vermont is a small state. It is easy to trace that series of transactions. would join with Democrats to mitigate to imagine the wave of corporate So it is a good law, a simpler law, an the impact of the Citizens United deci- money that has been spent on elections effective law. It only goes after high- sion. I hoped that Senate Republicans around the country lead to corporate dollar givers. Passing it would prove to who had once championed the bipar- interests flooding the airwaves with the American people that Congress is tisan McCain-Feingold campaign fi- election ads, and transforming even committed to fairness, that we are nance law would work with us to help local elections there or in other small committed to equality, and that we are ensure that corporations could not States. It would not take more than a committed to the fundamental prin- abuse their newfound constitutional tiny fraction of corporate money to ciple of a government ‘‘of the people, rights. outspend all of our local candidates by the people, and for the people.’’ Regrettably, Senate Republicans fili- combined. If a local city council or In closing, I thank Senator SCHUMER bustered that DISCLOSE Act, pre- zoning board is considering an issue of for his exemplary leadership and deter- venting the Senate from even debating corporate interest, why would those mination on this vitally important the measure, let alone having an up-or- corporate interests not try to drown issue, as well as Senators MICHAEL down vote in the Senate. By preventing out the views of Vermont’s hard- BENNET, AL FRANKEN, JEFF MERKLEY, even debate on the DISCLOSE Act, working citizens? I know that the peo- JEANNE SHAHEEN, and TOM UDALL, all Senate Republicans ensured the ability ple of Vermont, like all Americans, of whom have worked very closely on of wealthy corporations to dominate take seriously their civic duty to this legislation. I also thank the act’s all mediums of advertising and to choose wisely on Election Day. Like all other cosponsors—all 35—who, similar drown out the voices of individuals, as Vermonters, I cherish the voters’ role to myself, understand that the legit- we have seen and will continue to see in the democratic process and am a imacy of our democratic process and in our elections. staunch believer in the First Amend- the integrity of our democratic elec- By blocking the DISCLOSE Act, Sen- ment. Vermont refused to ratify the tions are at stake. ate Republicans ensured that the flood Constitution until the adoption of the I look forward to working with any of corporate money flowing into cam- Bill of Rights in 1791. The rights of of my colleagues in the Senate who be- paigns from undisclosed and unac- Vermonters and all Americans to speak lieve the voices of American citizens countable sources since the Citizens to each other and to be heard should should be defended, and I hope all will United decision would continue. The not be undercut by corporate spending. join me in supporting this critical risks we feared at the time of the deci- I hope all Senators, Republican or piece of legislation to restore integrity sion, the risks that drove Congress to Democratic, will support the DIS- to our elections. pass bipartisan laws based on long- CLOSE Act of 2012 and help us take an Mr. LEAHY. Mr. President, today, I standing precedent, have been apparent important step to ensure the ability of join with Senator WHITEHOUSE, Senator in the elections since. The American every American to be heard and par- SCHUMER and many other Senate people have seen the sudden and dra- ticipate in free and fair elections.

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3823 SUBMITTED RESOLUTIONS United States Agency for International De- sistance of the United States and the inter- velopment, and other United States Govern- national community, to consolidate peace ment agencies that promote and protect and stability in each of the countries af- SENATE RESOLUTION 401—EX- United State priorities abroad; and fected, particularly the Democratic Republic PRESSING APPRECIATION FOR (2) owes a debt of gratitude to these indi- of Congo and the Republic of South Sudan; FOREIGN SERVICE AND CIVIL viduals, and their families, who put public Whereas, since December 2001, the Depart- SERVICE PROFESSIONALS WHO service and pride in their country ahead of ment of State has included the Lord’s Resist- comfort, convenience, and even safety in ance Army on its ‘‘Terrorist Exclusion List’’ REPRESENT THE UNITED service to the United States and the global and in August 2008, Lord’s Resistance Army STATES AROUND THE GLOBE community. leader Joseph Kony was designated a ‘‘Spe- Mr. WHITEHOUSE (for himself and f cially Designated Global Terrorist’’ by Presi- dent George W. Bush pursuant to Executive Mr. KERRY) submitted the following SENATE RESOLUTION 402—CON- resolution; which was referred to the Order 13224; DEMNING JOSEPH KONY AND Whereas, on October 6, 2005, the Inter- Committee on Foreign Relations: THE LORD’S RESISTANCE ARMY national Criminal Court issued arrest war- S. RES. 401 FOR COMMITTING CRIMES rants against Joseph Kony and four of his Whereas the United States Foreign Service AGAINST HUMANITY AND MASS top commanders for war crimes and crimes was established by Congress in 1924 to profes- ATROCITIES, AND SUPPORTING against humanity, yet they remain at large; sionalize the country’s diplomatic and con- Whereas, in May 2010, Congress passed and sular services and advance freedom, democ- ONGOING EFFORTS BY THE President Barack Obama signed into law the racy, and security for the benefit of the peo- UNITED STATES GOVERNMENT Lord’s Resistance Army Disarmament and ple of the United States and the inter- AND GOVERNMENTS IN CENTRAL Northern Uganda Recovery Act of 2009 (Pub- national community; AFRICA TO REMOVE JOSEPH lic Law 111–172), which made it the policy of Whereas the United States Agency for KONY AND LORD’S RESISTANCE the United States to work with regional gov- International Development was established ARMY COMMANDERS FROM THE ernments toward a comprehensive and last- in 1961 to support the foreign policy goals of BATTLEFIELD ing resolution to the conflict in northern the United States through economic, devel- Uganda and other affected areas by providing opment, and humanitarian assistance; Mr. COONS (for himself, Mr. INHOFE, political, economic, military, and intel- Whereas the Department of State and the Mr. LIEBERMAN, Mr. MENENDEZ, Mr. ligence support for viable multilateral ef- United States Agency for International De- HATCH, Mr. DURBIN, Mr. LEAHY, Mr. forts to protect civilians from the Lord’s Re- velopment together employ more than 27,000 SCHUMER, Mr. AKAKA, Mrs. MURRAY, sistance Army, to apprehend or remove Jo- United States nationals in the Foreign Serv- Mr. WHITEHOUSE, Mr. TESTER, Mr. NEL- seph Kony and his top commanders from the ice and Civil Service dedicated to promoting SON of Nebraska, Mr. FRANKEN, Ms. battlefield, and to disarm and demobilize the United States interests around the world; remaining Lord’s Resistance Army fighters; LANDRIEU, Mr. REED, Mr. MORAN, Mr. Whereas Foreign Service personnel deploy Whereas, on November 24, 2010, as man- to Asia, Africa, the Americas, Australia, Eu- GRAHAM, Mr. LEVIN, Ms. COLLINS, Mr. dated by the Lord’s Resistance Army Disar- rope, the Middle East, and Southeast Asia on ISAKSON, Mrs. FEINSTEIN, Mr. MCCAIN, mament and Northern Uganda Recovery Act a permanent, rotating basis to defend and Mr. BEGICH, Mrs. BOXER, Mr. WICKER, of 2009, President Obama issued the Strategy promote United States priorities abroad; Mr. BROWN of Ohio, Mr. LAUTENBERG, to Support the Disarmament of the Lord’s Whereas many Foreign Service employees Mr. MERKLEY, Mr. COATS, Mr. CARDIN, Resistance Army, which provides a com- spend months or years away from families Mr. CORNYN, and Mr. BLUNT) submitted prehensive strategy for supporting regional and loved ones on assignment to dangerous the following resolution; which was re- efforts to mitigate and eliminate the threat or inhospitable posts where family members ferred to the Committee on Foreign to civilians and regional stability posed by are not permitted; the Lord’s Resistance Army; Whereas numerous Department of State Relations: Whereas, on October 14, 2011, President and United States Agency for International S. RES. 402 Obama notified Congress that he had author- Development employees have lost their lives Whereas the Lord’s Resistance Army ized approximately 100 combat-equipped while serving abroad; (LRA) wreaked havoc in northern Uganda for members of the Armed Forces to deploy to Whereas strong and purposeful United two decades, during which time the World central Africa to provide assistance to re- States diplomacy and development, carried Bank estimates that they abducted some gional forces that are working toward the re- out by a diverse, professionally educated, 66,000 youth of all ages and sexes and forced moval of Joseph Kony and senior leadership and well-trained force of Foreign Service and them to serve as child soldiers and sex slaves of the Lord’s Resistance Army from the bat- Civil Service professionals, are the most and commit terrible acts; tlefield; cost-effective means to protect and advance Whereas, under increasing pressure, Joseph Whereas the National Defense Authoriza- United States interests abroad; Kony ordered the Lord’s Resistance Army in tion Act for Fiscal Year 2012 (Public Law Whereas the promotion of commercial en- 2005 and 2006 to withdraw from Uganda and 112–81) authorized the Secretary of Defense, gagement by United States businesses in for- to move west into the border region of the with the concurrence of the Secretary of eign markets and targeted international de- Democratic Republic of the Congo, the Cen- State, to provide logistic support, supplies, velopment projects support economic pros- tral African Republic, and what would be- and services for foreign forces participating perity, job creation, and opportunities for come South Sudan; in operations to mitigate and eliminate the United States business and industry; Whereas, since September 2008, Joseph threat of the Lord’s Resistance Army; Whereas United States diplomats are often Kony has directed the Lord’s Resistance Whereas the Consolidated Appropriations the first line of defense against international Army to commit systematic, large-scale at- Act, 2012 (Public Law 112–74) directed the conflict and transnational security threats; tacks against innocent civilians in the President to support increased peace and se- Whereas Foreign Service and Civil Service Democratic Republic of Congo, the Central curity efforts in areas affected by the Lord’s professionals have worked to support the African Republic, and the Republic of South Resistance Army, including programs to im- members of the United States Armed Forces Sudan that have destabilized the region and prove physical access, telecommunications involved in critical national security mis- resulted in the deliberate killing of at least infrastructure, and early-warning mecha- sions and military engagements in dangerous 2,400 civilians from the Democratic Republic nisms and to support the disarmament, de- and unstable regions; of Congo, the Central African Republic, and mobilization, and reintegration of former Whereas Foreign Service and Civil Service the Republic of South Sudan, many of whom Lord’s Resistance Army combatants, espe- professionals administer emergency assist- were targeted in schools and churches; the cially child soldiers; ance in crisis situations; and rape and brutal mutilation of an unknown Whereas the United Nations and African Whereas the contributions of Foreign Serv- number of men, women, and children; the ab- Union, acting with encouragement and sup- ice and Civil Service professionals to the duction of over 3,400 civilians, including at port from the United States Government, global advancement of international under- least 1,500 children, many of them forced to have renewed their efforts to help govern- standing, American ideals, and the pro- become child soldiers or sex slaves; and the ments in the region address the threat posed motion of freedom and democracy around displacement of more than 465,000 civilians by the Lord’s Resistance Army, and on No- the world should be commended: Now, there- from their homes, many of whom do not vember 22, 2011, the African Union des- fore, be it have access to essential humanitarian assist- ignated the Lord’s Resistance Army as a ter- Resolved, That the Senate— ance; rorist group and authorized a new initiative (1) recognizes and gives special apprecia- Whereas insecurity caused by the Lord’s to help strengthen the coordination among tion to the Foreign Service and Civil Service Resistance Army has undermined efforts by the affected governments in the fight against personnel of the Department of State, the the governments in the region, with the as- the Lord’s Resistance Army; and

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3824 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 Whereas targeted United States assistance the specific trauma and physical and mental and any other employee of the Senate from and leadership can help prevent further mass abuse they may face as a result of indoc- whom evidence may be sought, in connection atrocities and curtail humanitarian suf- trination by the Lord’s Resistance Army, with the testimony and document produc- fering in central Africa: Now, therefore, be it and serve to reconnect these children and tion authorized in section one of this resolu- Resolved, That the Senate— youth with their families and communities; tion. (1) condemns Joseph Kony and the Lord’s (8) calls for the President to place restric- f Resistance Army for committing crimes tions on any individuals or governments against humanity and mass atrocities, and found to be providing training, supplies, fi- AMENDMENTS SUBMITTED AND supports ongoing efforts by the United nancing, or support of any kind to Joseph PROPOSED States and countries in central Africa to re- Kony or the Lord’s Resistance Army; SA 1945. Mr. LEAHY submitted an amend- move Joseph Kony and Lord’s Resistance (9) urges that civilian protection continue ment intended to be proposed by him to the Army commanders from the battlefield; to be prioritized in areas affected by the bill S. 2038, to prohibit Members of Congress (2) commends continued efforts by the Gov- Lord’s Resistance Army and that steps be and employees of Congress from using non- ernments of Uganda, the Democratic Repub- taken to inform potentially vulnerable com- lic of Congo, the Republic of South Sudan, munities about known Lord’s Resistance public information derived from their offi- the Central African Republic, and other Army movements and threats; cial positions for personal benefit, and for countries in the region, as well as the Afri- (10) welcomes the recent defections of men, other purposes; which was ordered to lie on can Union and United Nations, to end the women, and children from the ranks of the the table. threat posed by the Lord’s Resistance Army; Lord’s Resistance Army, and calls on govern- f (3) welcomes the ongoing efforts of the ments in the region and the international TEXT OF AMENDMENTS United States Government to implement a community to continue to support safe re- comprehensive strategy to counter the turn, demobilization, rehabilitation, and re- SA 1945. Mr. LEAHY submitted an Lord’s Resistance Army, pursuant to the integration efforts; and amendment intended to be proposed by Lord’s Resistence Army Disarmament and (11) urges the Governments of Uganda, the him to the bill S. 2038, to prohibit Northern Uganda Recovery Act of 2009, and Democratic Republic of Congo, the Republic Members of Congress and employees of to assist governments in the region to bring of South Sudan, the Republic of Sudan, and Joseph Kony to justice and end atrocities Congress from using nonpublic infor- the Central African Republic to work to- mation derived from their official posi- perpetuated by the Lord’s Resistance Army; gether to address the ongoing threat posed (4) calls on the President to keep Congress by the Lord’s Resistance Army. tions for personal benefit, and for other fully informed of the efforts of the United purposes; which was ordered to lie on States Government and to work closely with f the table; as follows: Congress to identify and address critical SENATE RESOLUTION 403—TO AU- At the end of the House amendment, add gaps and enhance United States support for THORIZE TESTIMONY, DOCU- the following: the regional effort to counter the Lord’s Re- MENT PRODUCTION, AND LEGAL sistance Army; TITLE II—PUBLIC CORRUPTION (5) commends the Department of Defense, REPRESENTATION IN UNITED PROSECUTION IMPROVEMENTS United States Africa Command (U.S. STATES V. RICHARD F. ‘‘DICKIE’’ SEC. 201. SHORT TITLE. AFRICOM), and members of the United SCRUGGS This title may be cited as the ‘‘Public Cor- States Armed Forces currently deployed to Mr. REID (for himself and Mr. ruption Prosecution Improvements Act of 2012’’. serve as advisors to the national militaries MCCONNELL) submitted the following in the region seeking to protect local com- resolution; which was considered and SEC. 202. VENUE FOR FEDERAL OFFENSES. munities and pursuing Joseph Kony and top (a) IN GENERAL.—The second undesignated Lord’s Resistance Army commanders; agreed to: paragraph of section 3237(a) of title 18, (6) supports continued efforts by the Sec- S. RES. 403 United States Code, is amended by adding retary of State and representatives of the Whereas, in the case of United States v. before the period at the end the following: United States to work with partner nations Richard F. ‘‘Dickie’’ Scruggs, Case No. 3:09– ‘‘or in any district in which an act in fur- and the international community— CR–00002–GHD–SAA, pending in the United therance of the offense is committed’’. (A) to strengthen the capabilities of re- States District Court for the Northern Dis- (b) SECTION HEADING.—The heading for sec- gional military forces deployed to protect ci- trict of Mississippi, the defense has served a tion 3237 of title 18, United States Code, is vilians and pursue commanders of the Lord’s subpoena for testimony on Hugh Gamble, a amended to read as follows: Resistance Army; former employee of Senator Trent Lott, and ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE (B) to enhance cooperation and cross-bor- a subpoena for testimony and document pro- THAN ONE DISTRICT.’’. der coordination among regional govern- duction on Brad Davis, an employee of Sen- (c) TABLE OF SECTIONS.—The table of sec- ments; ator Thad Cochran; tions at the beginning of chapter 211 of title (C) to promote increased contributions Whereas, pursuant to sections 703(a) and 18, United States Code, is amended so that from donor nations for regional security and 704(a)(2) of the Ethics in Government Act of the item relating to section 3237 reads as fol- civilian efforts to address the Lord’s Resist- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the lows: ance Army; and Senate may direct its counsel to represent ‘‘Sec. 3237. Offense taking place in more (D) to enhance overall efforts to increase employees of the Senate with respect to any than one district.’’. civilian protection and provide assistance to subpoena, order, or request for testimony re- SEC. 203. THEFT OR BRIBERY CONCERNING PRO- populations affected by the Lord’s Resist- lating to their official responsibilities; GRAMS RECEIVING FEDERAL FINAN- ance Army; Whereas, by the privileges of the Senate of CIAL ASSISTANCE. (7) calls on the Secretary of State, the Sec- the United States and Rule XI of the Stand- Section 666(a) of title 18, United States retary of Defense, the Administrator of the ing Rules of the Senate, no evidence under Code, is amended— United States Agency for International De- the control or in the possession of the Senate (1) by striking ‘‘10 years’’ and inserting ‘‘20 velopment, and the heads of other govern- may, by the judicial or administrative proc- years’’; ment agencies to utilize existing funds for ess, be taken from such control or possession (2) by striking ‘‘$5,000’’ the second place ongoing programs— but by permission of the Senate; and the third place it appears and inserting (A) to enhance mobility, intelligence, and Whereas, when it appears that evidence ‘‘$1,000’’; logistical capabilities for partner forces en- under the control or in the possession of the (3) by striking ‘‘anything of value’’ each gaged in efforts to protect civilians and ap- Senate may promote the administration of place it appears and inserting ‘‘any thing or prehend or remove Joseph Kony and his top justice, the Senate will take such action as things of value’’; and commanders from the battlefield; will promote the ends of justice consistent (4) in paragraph (1)(B), by inserting after (B) to expand physical access and tele- with the privileges of the Senate: Now, ‘‘anything’’ the following: ‘‘or things’’. communications infrastructure to facilitate therefore, be it SEC. 204. PENALTY FOR SECTION 641 VIOLA- the timely flow of information and access for Resolved, That Hugh Gamble, Brad Davis, TIONS. humanitarian and protection actors; and any other employee from whom testi- Section 641 of title 18, United States Code, (C) to support programs to encourage and mony may be necessary are authorized to is amended by striking ‘‘ten years’’ and in- help non-indicted Lord’s Resistance Army testify, and Brad Davis is authorized to serting ‘‘15 years’’. commanders, fighters, abductees, and associ- produce documents, in the case of United SEC. 205. BRIBERY AND GRAFT; CLARIFICATION ated noncombatants to safely defect from States vs. Richard F. ‘‘Dickie’’ Scruggs, ex- OF DEFINITION OF ‘‘OFFICIAL ACT’’; the group, including through radio and com- cept concerning matters for which a privi- CLARIFICATION OF THE CRIME OF munity programs; and lege should be asserted. ILLEGAL GRATUITIES. (D) to rehabilitate children and youth af- SEC. 2. The Senate Legal Counsel is author- (a) DEFINITION.—Section 201(a) of title 18, fected by war, which are tailored to address ized to represent Hugh Gamble, Brad Davis, United States Code, is amended—

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3825 (1) in paragraph (2), by striking ‘‘and’’ at (2) consider the extent to which the guide- States Code, is amended by striking ‘‘3 the end; lines may or may not appropriately account years’’ and inserting ‘‘5 years’’. (2) by amending paragraph (3) to read as for— (b) PROMISE OF EMPLOYMENT FOR POLITICAL follows: (A) the potential and actual harm to the ACTIVITY.—Section 600 of title 18, United ‘‘(3) the term ‘official act’— public and the amount of any loss resulting States Code, is amended by striking ‘‘one ‘‘(A) means any act within the range of of- from the offense; year’’ and inserting ‘‘3 years’’. ficial duty, and any decision or action on (B) the level of sophistication and planning (c) DEPRIVATION OF EMPLOYMENT FOR PO- any question, matter, cause, suit, pro- involved in the offense; LITICAL ACTIVITY.—Section 601(a) of title 18, ceeding, or controversy, which may at any (C) whether the offense was committed for United States Code, is amended by striking time be pending, or which may by law be purposes of commercial advantage or private ‘‘one year’’ and inserting ‘‘3 years’’. brought before any public official, in such financial benefit; (d) INTIMIDATION TO SECURE POLITICAL CON- public official’s official capacity or in such (D) whether the defendant acted with in- TRIBUTIONS.—Section 606 of title 18, United official’s place of trust or profit; and tent to cause either physical or property States Code, is amended by striking ‘‘three ‘‘(B) may be a single act, more than one harm in committing the offense; years’’ and inserting ‘‘5 years’’. act, or a course of conduct; and’’; and (E) the extent to which the offense rep- (e) SOLICITATION AND ACCEPTANCE OF CON- (3) by adding at the end the following: resented an abuse of trust by the offender TRIBUTIONS IN FEDERAL OFFICES.—Section ‘‘(4) the term ‘rule or regulation’ means a and was committed in a manner that under- 607(a)(2) of title 18, United States Code, is Federal regulation or a rule of the House of mined public confidence in the Federal, amended by striking ‘‘3 years’’ and inserting Representatives or the Senate, including State, or local government; and ‘‘5 years’’. those rules and regulations governing the ac- (F) whether the violation was intended to (f) COERCION OF POLITICAL ACTIVITY BY FED- ceptance of gifts and campaign contribu- or had the effect of creating a threat to pub- ERAL EMPLOYEES.—Section 610 of title 18, tions.’’. lic health or safety, injury to any person or United States Code, is amended by striking (b) CLARIFICATION.—Section 201(c)(1) of even death; ‘‘three years’’ and inserting ‘‘5 years’’. title 18, United States Code, is amended to (3) assure reasonable consistency with SEC. 209. ADDITIONAL WIRETAP PREDICATES. read as follows: other relevant directives and with other sen- Section 2516(1)(c) of title 18, United States ‘‘(1) otherwise than as provided by law for tencing guidelines; Code, is amended— the proper discharge of official duty, or by (4) account for any additional aggravating (1) by inserting ‘‘section 641 (relating to rule or regulation— or mitigating circumstances that might jus- embezzlement or theft of public money, ‘‘(A) directly or indirectly gives, offers, or tify exceptions to the generally applicable property, or records), section 666 (relating to promises any thing or things of value to any sentencing ranges; theft or bribery concerning programs receiv- public official, former public official, or per- (5) make any necessary conforming ing Federal funds),’’ after ‘‘section 224 (brib- son selected to be a public official for or be- changes to the sentencing guidelines; and ery in sporting contests),’’; and cause of any official act performed or to be (6) assure that the guidelines adequately (2) by inserting ‘‘section 1031 (relating to performed by such public official, former meet the purposes of sentencing as set forth major fraud against the United States)’’ public official, or person selected to be a in section 3553(a)(2) of title 18, United States after ‘‘section 1014 (relating to loans and public official; Code. credit applications generally; renewals and ‘‘(B) directly or indirectly, knowingly SEC. 207. EXTENSION OF STATUTE OF LIMITA- discounts),’’. gives, offers, or promises any thing or things TIONS FOR SERIOUS PUBLIC COR- SEC. 210. EXPANDING VENUE FOR PERJURY AND of value with an aggregate value of not less RUPTION OFFENSES. OBSTRUCTION OF JUSTICE PRO- than $1000 to any public official, former pub- (a) IN GENERAL.—Chapter 213 of title 18, CEEDINGS. lic official, or person selected to be a public United States Code, is amended by adding at (a) IN GENERAL.—Section 1512(i) of title 18, official for or because of the official’s or per- the end the following: United States Code, is amended to read as son’s official position; ‘‘§ 3302. Corruption offenses follows: ‘‘(C) being a public official, former public ‘‘Unless an indictment is returned or the ‘‘(i) A prosecution under section 1503, 1504, official, or person selected to be a public offi- information is filed against a person within 1505, 1508, 1509, 1510, or this section may be cial, directly or indirectly, knowingly de- 6 years after the commission of the offense, brought in the district in which the conduct mands, seeks, receives, accepts, or agrees to a person may not be prosecuted, tried, or constituting the alleged offense occurred or receive or accept any thing or things of punished for a violation of, or a conspiracy in which the official proceeding (whether or value with an aggregate value of not less or an attempt to violate the offense in— not pending or about to be instituted) was than $1000 personally for or because of the of- ‘‘(1) section 201 or 666; intended to be affected.’’. ficial’s or person’s official position; or ‘‘(2) section 1341 or 1343, when charged in (b) PERJURY.— ‘‘(D) being a public official, former public conjunction with section 1346 and where the (1) IN GENERAL.—Chapter 79 of title 18, official, or person selected to be a public offi- offense involves a scheme or artifice to de- United States Code, is amended by adding at cial, directly or indirectly demands, seeks, prive another of the intangible right of hon- the end the following: receives, accepts, or agrees to receive or ac- est services of a public official or when ‘‘§ 1624. Venue cept any thing or things of value personally charged in connection with section 1346A; for or because of any official act performed ‘‘A prosecution under section 1621(1), 1622 ‘‘(3) section 1951, if the offense involves ex- or to be performed by such official or per- (in regard to subornation of perjury under tortion under color of official right; son;’’. 1621(1)), or 1623 of this title may be brought ‘‘(4) section 1952, to the extent that the un- in the district in which the oath, declara- SEC. 206. AMENDMENT OF THE SENTENCING lawful activity involves bribery; or GUIDELINES RELATING TO CERTAIN tion, certificate, verification, or statement CRIMES. ‘‘(5) section 1962, to the extent that the under penalty of perjury is made or in which (a) DIRECTIVE TO SENTENCING COMMISSION.— racketeering activity involves bribery a proceeding takes place in connection with Pursuant to its authority under section chargeable under State law, involves a viola- the oath, declaration, certificate, 994(p) of title 28, United States Code, and in tion of section 201 or 666, section 1341 or 1343, verification, or statement.’’. accordance with this section, the United when charged in conjunction with section (2) CLERICAL AMENDMENT.—The table of States Sentencing Commission forthwith 1346 and where the offense involves a scheme sections at the beginning of chapter 79 of shall review and, if appropriate, amend its or artifice to deprive another of the intan- title 18, United States Code, is amended by guidelines and its policy statements applica- gible right of honest services of a public offi- adding at the end the following: ble to persons convicted of an offense under cial, or section 1951, if the offense involves ‘‘1624. Venue.’’. section 201, 641, 1346A, or 666 of title 18, extortion under color of official right.’’. SEC. 211. PROHIBITION ON UNDISCLOSED SELF- (b) CLERICAL AMENDMENT.—The table of United States Code, in order to reflect the DEALING BY PUBLIC OFFICIALS. intent of Congress that such penalties meet sections at the beginning of chapter 213 of (a) IN GENERAL.—Chapter 63 of title 18, title 18, United States Code, is amended by the requirements in subsection (b) of this United States Code, is amended by inserting section. adding at the end the following new item: after section 1346 the following new section: (b) REQUIREMENTS.—In carrying out this ‘‘3302. Corruption offenses.’’. subsection, the Commission shall— (c) APPLICATION OF AMENDMENT.—The ‘‘§ 1346A. Undisclosed self-dealing by public (1) ensure that the sentencing guidelines amendments made by this section shall not officials and policy statements reflect Congress’s in- apply to any offense committed before the ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC tent that the guidelines and policy state- date of enactment of this Act. OFFICIALS.—For purposes of this chapter, the ments reflect the serious nature of the of- SEC. 208. INCREASE OF MAXIMUM PENALTIES term ‘scheme or artifice to defraud’ also in- fenses described in paragraph (1), the inci- FOR CERTAIN PUBLIC CORRUPTION cludes a scheme or artifice by a public offi- dence of such offenses, and the need for an RELATED OFFENSES. cial to engage in undisclosed self-dealing. effective deterrent and appropriate punish- (a) SOLICITATION OF POLITICAL CONTRIBU- ‘‘(b) DEFINITIONS.—As used in this section: ment to prevent such offenses; TIONS.—Section 602(a)(4) of title 18, United ‘‘(1) OFFICIAL ACT.—The term official act—

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3826 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 March 21, 2012 ‘‘(A) means any act within the range of of- (1) in paragraph (2) by striking ‘‘or’’; mittee on Foreign Relations be author- ficial duty, and any decision or action on (2) in paragraph (3), by striking the period ized to meet during the session of the any question, matter, cause, suit, pro- at the end, and inserting ‘‘; or’’; and Senate on March 21, 2012, at 10 a.m. ceeding, or controversy, which may at any (3) by inserting after paragraph (3) the fol- The PRESIDING OFFICER. Without time be pending, or which may by law be lowing: objection, it is so ordered. brought before any public official, in such ‘‘(4) such disclosure of information regard- public official’s official capacity or in such ing a potential criminal offense is made to COMMITTEE ON HOMELAND SECURITY AND official’s place of trust or profit; and the Attorney General, a Federal, State, or GOVERNMENTAL AFFAIRS ‘‘(B) may be a single act, more than one local grand jury, or a Federal, State, or local Mr. HARKIN. Mr. President, I ask act, or a course of conduct. law enforcement agency.’’. unanimous consent that the Com- ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- SEC. 213. CLARIFICATION OF EXEMPTION IN CER- mittee on Homeland Security and Gov- ficial’ means an officer, employee, or elected TAIN BRIBERY OFFENSES. ernmental Affairs be authorized to or appointed representative, or person acting Section 666(c) of title 18, United States meet during the session of the Senate for or on be half of the United States, a Code, is amended— on March 21, 2012, at 10 a.m. to conduct State, or a subdivision of a State, or any de- (1) by striking ‘‘This section does not apply a hearing entitled ‘‘Retooling Govern- partment, agency or branch of government to’’; and ment for the 21st Century: The Presi- thereof, in any official function, under or by (2) by inserting ‘‘The term ‘any thing or authority of any such department, agency, things of value’ that is corruptly solicited, dent’s Reorganization Plan and Reduc- or branch of government. demanded, accepted or agreed to be accepted ing Duplication.’’ ‘‘(3) STATE.—The term ‘State’ includes a in subsection (a)(1)(B) or corruptly given, of- The PRESIDING OFFICER. Without State of the United States, the District of fered, or agreed to be given in subsection objection, it is so ordered. Columbia, and any commonwealth, territory, (a)(2) shall not include,’’ before ‘‘bona fide COMMITTEE ON HOMELAND SECURITY AND or possession of the United States. salary’’. GOVERNMENTAL AFFAIRS ‘‘(4) UNDISCLOSED SELF-DEALING.—The term SEC. 214. CERTIFICATIONS REGARDING APPEALS Mr. HARKIN. Mr. President, I ask ‘undisclosed self-dealing’ means that— BY UNITED STATES. unanimous consent that the Com- ‘‘(A) a public official performs an official Section 3731 of title 18, United States Code, mittee on Homeland Security and Gov- act for the purpose, in whole or in material is amended by inserting after ‘‘United States ernmental Affairs be authorized to part, of furthering or benefitting a financial attorney’’ the following: ‘‘, Deputy Attorney meet during the session of the Senate interest, of which the public official has General, Assistant Attorney General, or the knowledge, of— Attorney General’’. on March 21, 2012, at 2:30 p.m. to con- ‘‘(i) the public official; duct a hearing entitled ‘‘The Homeland f ‘‘(ii) the spouse or minor child of the public Security Department’s Budget Submis- official; NOTICES OF HEARINGS sion for Fiscal Year 2013.’’ ‘‘(iii) a general business partner of the pub- COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without lic official; objection, it is so ordered. ‘‘(iv) a business or organization in which Mr. AKAKA. I would like to an- nounce that the Committee on Indian COMMITTEE ON THE JUDICIARY the public official is serving as an employee, Mr. HARKIN. Mr. President, I ask officer, director, trustee, or general partner; Affairs will meet on Thursday, March ‘‘(v) an individual, business, or organiza- 22, 2012, at 2:15 p.m. in Room 628 of the unanimous consent that the Com- tion with whom the public official is negoti- Dirksen Senate Office Building to con- mittee on the Judiciary be authorized ating for, or has any arrangement con- duct legislative hearings on S. 1684, the to meet during the session of the Sen- cerning, prospective employment or finan- Indian Tribal Energy Development and ate on March 21, 2012, at 10 a.m., in cial compensation; or room SD–226 of the Dirksen Senate Of- ‘‘(vi) an individual, business, or organiza- Self-Determination Act Amendments of 2011; S. 1898, A bill to provide for the fice Building, to conduct a hearing en- tion from whom the public official has re- titled ‘‘Justice for All: Convicting the ceived any thing or things of value, other- conveyance of certain property from the United States to the Maniilaq As- Guilty and Exonerating the Innocent.’’ wise than as provided by law for the proper The PRESIDING OFFICER. Without discharge of official duty, or by rule or regu- sociation located in Kotzebue, Alaska; objection, it is so ordered. lation; and and H.R. 1560, A bill to amend the COMMITTEE ON VETERANS’ AFFAIRS ‘‘(B) the public official knowingly falsifies, Ysleta del Sur Pueblo and Alabama and Mr. HARKIN. Mr. President, I ask conceals, or covers up material information Coushatta Indian Tribes of Texas Res- that is required to be disclosed by any Fed- unanimous consent that the Com- toration Act to allow the Ysleta del eral, State, or local statute, rule, regulation, mittee on Veterans’ Affairs be author- Sur Pueblo Tribe to determine blood or charter applicable to the public official, ized to meet during the session of the quantum requirements for membership or knowingly fails to disclose material infor- Senate on March 21, 2012, in room G–50 in that tribe. mation in a manner that is required by any of the Senate Dirksen Office Building, Federal, State, or local statute, rule, regula- Those wishing additional information tion, or charter applicable to the public offi- beginning at 10 a.m. may contact the Indian Affairs Com- The PRESIDING OFFICER. Without cial. mittee at (202) 224–2251. ‘‘(5) MATERIAL INFORMATION.—The term objection, it is so ordered. COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘material information’ means information— SUBCOMMITTEE ON ANTITRUST, COMPETITION AND PENSIONS ‘‘(A) regarding a financial interest of a per- POLICY, AND CONSUMER RIGHTS son described in clauses (i) through (iv) para- Mr. HARKIN. Mr. President, I wish to Mr. HARKIN. Mr. President, I ask graph (4)(A); and announce that the Committee on unanimous consent that the Com- ‘‘(B) regarding the association, connection, Health, Education, Labor, and Pen- mittee on the Judiciary, Sub- or dealings by a public official with an indi- sions will meet in open session on committee on Antitrust, Competition vidual, business, or organization as described Thursday, March 29, 2012 at 10 a.m. in Policy, and Consumer Rights, be au- in clauses (iii) through (vi) of paragraph SD–430 Dirksen Senate Office Building thorized to meet during the session of (4)(A).’’. to conduct a hearing entitled ‘‘FDA (b) CONFORMING AMENDMENT.—The table of the Senate, on March 21, 2012, at 2 p.m., sections for chapter 63 of title 18, United User Fee Agreements: Strengthening in room SD–226 of the Dirksen Senate States Code, is amended by inserting after FDA and the Medical Products Indus- Office Building, to conduct a hearing the item relating to section 1346 the fol- try for the Benefit of Patients.’’ entitled ‘‘The Verizon/Cable Deals: lowing new item: For further information regarding Harmless Collaboration or a Threat to ‘‘1346A. Undisclosed self-dealing by public of- this meeting, please contact the com- Competition and Consumers?’’ ficials.’’. mittee on (202) 224–7675. The PRESIDING OFFICER. Without (c) APPLICABILITY.—The amendments made f objection, it is so ordered. by this section apply to acts engaged in on SUBCOMMITTEE ON READINESS AND or after the date of the enactment of this AUTHORITY FOR COMMITTEES TO MANAGEMENT SUPPORT Act. MEET Mr. HARKIN. Mr. President, I ask SEC. 212. DISCLOSURE OF INFORMATION IN COM- PLAINTS AGAINST JUDGES. COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Sub- Section 360(a) of title 28, United States Mr. HARKIN. Mr. President, I ask committee on Readiness and Manage- Code, is amended— unanimous consent that the Com- ment Support of the Committee on

VerDate Sep 11 2014 08:41 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR12\S21MR2.002 S21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 3 3827 Armed Services be authorized to meet defendant’s scheme to bribe a State SEC. 2. The Senate Legal Counsel is author- during the session of the Senate on judge by agreeing to ask Senator Lott ized to represent Hugh Gamble, Brad Davis, March 21, 2012, at 10 a.m. to consider the State judge’s applica- and any other employee of the Senate from The PRESIDING OFFICER. Without tion to fill a federal judicial vacancy. whom evidence may be sought, in connection The defense is seeking testimony from with the testimony and document produc- objection, it is so ordered. tion authorized in section one of this resolu- SUBCOMMITTEE ON STRATEGIC FORCES a former staffer of Senator Lott about tion. Mr. HARKIN. Mr. President, I ask a brief phone conversation between the unanimous consent that the Sub- Senator and the State judge. Neither f Senator Lott nor anyone on his staff committee on Strategic Forces of the DISCHARGE AND REFERRAL—H.R. Committee on Armed Services be au- was aware of the defendant’s scheme. The defense is also seeking testimony 306 thorized to meet during the session of and document production from a staff- the Senate on March 21, 2012, at 2:30 Mr. DURBIN. Mr. President, I ask er of Senator COCHRAN about contacts p.m. unanimous consent that H.R. 306 be with Senator COCHRAN’s office by or on The PRESIDING OFFICER. Without discharged from the Committee on En- behalf of the State judge in his efforts objection, it is so ordered. ergy and Natural Resources and re- to obtain a federal judgeship. ferred to the Committee on Environ- f Both Senators Lott and COCHRAN ment and Public Works. UNANIMOUS CONSENT AGREE- would like to assist by providing rel- The PRESIDING OFFICER. Without MENT—EXECUTIVE CALENDAR evant evidence from their staff in this objection, it is so ordered. proceeding. This resolution would ac- Mr. DURBIN. Mr. President, I ask cordingly authorize Senator Lott’s and f unanimous consent that following dis- COCHRAN’s employees, and any other position of the House message to ac- Senate employee from whom evidence ORDER FOR PRINTING OF company S. 2038, the STOCK Act, the may be necessary, to provide evidence TRIBUTES AND STATEMENTS Senate proceed to executive session to in this action, with representation by Mr. DURBIN. Mr. President, I ask consider the following nominations en the Senate Legal Counsel. unanimous consent there be printed as bloc: Calendar Nos. 441, 462 and 463; Mr. DURBIN. I ask unanimous con- a Senate document a compilation of that there be 2 minutes of debate sent that the resolution be agreed to, materials from the CONGRESSIONAL equally divided in the usual form; that the preamble be agreed to, the motions RECORD in tribute to Senator BARBARA upon the use or yielding back of time, to reconsider be laid upon the table, MIKULSKI, and that Members have until the Senate proceed to vote without in- with no intervening action or debate, Thursday, March 29, to submit such tervening action or debate on Calendar and any statements be printed in the tributes. Nos. 441, 462, and 463, in that order; the RECORD. The PRESIDING OFFICER. Without motions to reconsider be considered The PRESIDING OFFICER. Without objection, it is so ordered. made and laid upon the table with no objection, it is so ordered. intervening action or debate; that no The resolution (S. Res. 403) was f further motions be in order; that any agreed to. related statements be printed in the The preamble was agreed to. ORDERS FOR THURSDAY, MARCH RECORD; that the President be imme- The resolution, with its preamble, 22, 2012 diately notified of the Senate’s action reads as follows: Mr. DURBIN. I ask unanimous con- and the Senate then resume legislative S. RES. 403 sent that when the Senate completes session. Whereas, in the case of United States vs. its business today, it stand adjourned The PRESIDING OFFICER. Without Richard F. ‘‘Dickie’’ Scruggs, Case No. 3:09– until Thursday, March 22, at 9:30 a.m.; objection, it is so ordered. CR–00002–GHD–SAA, pending in the United that following the prayer and pledge, States District Court for the Northern Dis- f the Journal of proceedings be approved trict of Mississippi, the defense has served a to date, the morning hour be deemed AUTHORIZING SENATE LEGAL subpoena for testimony on Hugh Gamble, a REPRESENTATION former employee of Senator Trent Lott, and expired, the time for the two leaders be a subpoena for testimony and document pro- reserved for their use later in the day; Mr. DURBIN. Mr. President, I ask duction on Brad Davis, an employee of Sen- that following any leader remarks, the unanimous consent that the Senate ator Thad Cochran; Senate be in a period of morning busi- proceed to S. Res. 403, submitted ear- Whereas, pursuant to sections 703(a) and ness for 1 hour, with Senators per- lier today. 704(a)(2) of the Ethics in Government Act of mitted to speak therein for up to 10 The PRESIDING OFFICER. The 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the minutes each, with the time equally di- clerk will report the resolution by Senate may direct its counsel to represent vided and controlled between the two employees of the Senate with respect to any title. leaders or their designees, with the ma- The legislative clerk read as follows: subpoena, order, or request for testimony re- lating to their official responsibilities; jority controlling the first half and the A resolution (S. Res. 403) to authorize tes- Whereas, by the privileges of the Senate of Republicans controlling the final half; timony, document production, and legal rep- the United States and Rule XI of the Stand- that following morning business, the resentation in United States v. Richard F. ing Rules of the Senate, no evidence under Senate resume consideration of H.R. ‘‘Dickie’’ Scruggs. the control or in the possession of the Senate 3606, the IPO bill; further, that the fil- There being no objection, the Senate may, by the judicial or administrative proc- ing deadline for second-degree amend- proceeded to consider the resolution. ess, be taken from such control or possession ments to the Reid motion to concur Mr. REID. Mr. President, this resolu- but by permission of the Senate; Whereas, when it appears that evidence with respect to S. 2038, the STOCK Act, tion concerns testimony, document be 10:30 a.m. on Thursday. production, and representation in a under the control or in the possession of the Senate may promote the administration of The PRESIDING OFFICER. Without criminal matter pending in the United justice, the Senate will take such action as objection, it is so ordered. States District Court for the Northern will promote the ends of justice consistent District of Mississippi. In this post- with the privileges of the Senate: Now, f conviction proceeding, the defendant, therefore, be it Richard F. ‘‘Dickie’’ Scruggs, is seek- Resolved, That Hugh Gamble, Brad Davis, PROGRAM ing to have his honest-services fraud and any other employee from whom testi- Mr. DURBIN. Mr. President, there conviction vacated based on the Su- mony may be necessary are authorized to will be a series of up to seven rollcall testify, and Brad Davis is authorized to preme Court’s intervening decision in produce documents, in the case of United votes tomorrow, beginning at 2:30 p.m., the case of United States v. Skilling. States vs. Richard F. ‘‘Dickie’’ Scruggs, ex- including completion of the IPO bill, The criminal conviction, which re- cept concerning matters for which a privi- the STOCK Act, and confirmation of sulted from a guilty plea, involved the lege should be asserted. three judicial nominations.

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ORDER FOR ADJOURNMENT KULSKI has always felt, since the days those records as she advocates for peo- Mr. DURBIN. If there is no further when she was a community organizer ple who don’t have big lobbies, who business to come before the Senate, I and they were dealing with those com- don’t have lots of political clout and ask unanimous consent it adjourn munity problems and where are you can’t go out and hire PR firms and under the previous order following the going to locate a freeway or something well-paid and well-tailored advocates remarks of Senators WYDEN and LAN- of that nature, that public service and to walk the halls of the Senate. She is DRIEU. community service were always about there for those people who don’t have a The PRESIDING OFFICER. Without being connected to people. She under- voice. She has been there for those peo- objection, it is so ordered. stood right away what people may say ple ever since she was a community or- Mr. WYDEN. Mr. President, I ask at a townhall meeting now in Colorado ganizer in those early days in Balti- unanimous consent that the order for or Oregon about government being re- more. the quorum call be rescinded. moved from their lives, and for decades When I think about trying to give The PRESIDING OFFICER. Without she has practiced a very different kind public service a good name, I think objection, it is so ordered. of public service. She did it when she about BARBARA MIKULSKI—our wonder- f was a community organizer, she did it ful friend, Senator BARBARA MIKULSKI, in the House of Representatives, and the senior Senator from the State of TRIBUTE TO SENATOR BARBARA she continues to do it today. Maryland. We thank her for giving pub- MIKULSKI Very often when we take the subway lic service a good name. We thank her Mr. WYDEN. Mr. President, I have to a vote and I ask her what she has for taking on the battles and the fights been able to listen a bit to the wonder- done over the weekend, she will talk she has in the past. And we are all es- ful tributes over the last few hours to about families. She knows I was co- pecially grateful that at the end of this Senator MIKULSKI. We all know of her director of the Gray Panthers for many tribute she will be back at her post a wonderful service all these years, the years before I was elected to Congress, few seats from me, standing for those record that is being shattered—a very so we will talk about aging issues. And values and standing for those causes special record. everybody knows what she has done in that are so important to the well-being As I listened to some of the com- the aging field and her interest in of this country. ments, I was struck that tributes usu- fighting Alzheimer’s. So it always Madam President, I yield the floor, ally come in the Senate when one of comes back to people, and that connec- and I suggest the absence of a quorum. our colleagues is leaving office or tion she brings to public service that is The PRESIDING OFFICER (Mrs. sometimes one of our colleagues passes so lacking from what Americans see is SHAHEEN). The clerk will call the roll. away. And what I am struck by this the big problem in government today, The legislative clerk proceeded to afternoon is how glad I am and col- that much of what goes on here is sim- call the roll. leagues on both sides of the aisle are ply disconnected from their lives. Ms. LANDRIEU. Madam President, I that Senator MIKULSKI is very much What I see in BARBARA MIKULSKI is ask unanimous consent the order for alive, and next week and next month the real measure of what we want in a the quorum call be rescinded. and in the years ahead she is going to public servant. We want someone who The PRESIDING OFFICER. Without continue to bring this kind of is conscientious, we want someone who objection, it is so ordered. wellspring of conscience and energy is smart, we want someone who has Ms. LANDRIEU. Madam President, I and passion and expertise to the Sen- good values and someone who always may be the last speaker of the day, but ate. tries to be a coalition builder. I did not want to leave the Chamber or I am going to have more to say in I have watched Senator MIKULSKI in the building without taking a moment terms of a lengthier speech, but she lots of instances. We had one just re- to come to the floor, as so many of our and I have had a special relationship cently where Senator MIKULSKI was colleagues did today, to honor one of for almost three decades. We served to- trying to find a balance on a difficult our own, one of our favorites. Not only gether in the other body on the Energy and contentious issue between industry is she a favorite to us, but I am certain and Commerce Committee. We would and the environment, and I watched beyond the shadow of a doubt that she often show up at meetings together, how she was trying to listen to both is one of the favorite Senators ever to and this is still a tradition that con- sides. Maryland has some communities represent the State of Maryland. She is tinues now because we both have the where they have older plants, and if respected, she is beloved, and she is ad- honor of serving on the Senate Select she can’t take steps to protect those mired by millions of her constituents Committee on Intelligence. Senator plants and have the workers keep their from Maryland, but I can promise you MIKULSKI and I would walk in together, jobs, a lot of people are going to hurt, that is true of constituents in Lou- and she would smile and say: Now the and Senator MIKULSKI always tries to isiana, potentially in your home State, long and short of it are arriving. And I keep that from happening. She has also Madam President, and throughout the guess that is true in a literal sense, but said clean air and the environmental world. while Senator MIKULSKI may be modest laws are important. And that last qual- Last Saturday our friend and col- in stature, she has one very large ity of trying to bring people together, league Senator BARBARA MIKULSKI of record on behalf of the public interest, which I have heard the Senator from Maryland became the longest serving and I am especially grateful for all she Colorado talk about, is what Senator woman in the history of the Congress. has done for people without power and MIKULSKI’s public service career has I can only say that we have come a people without clout. been all about. long way since the first woman was ap- When we think about what has so an- So tonight and through the day we pointed, as I recall, back in the 1920s. gered the American people—and I have have heard colleagues pay tribute. I She was only allowed to serve 1 day heard the Senator from Colorado, the made mention of the fact that so often and was not going to be given a pay- Presiding Officer, talk about this—it is I hear these tributes when a colleague check but insisted that she be paid for that people feel so disconnected from is leaving the Senate. I would like to her service. I think she might have government; that you can have a com- close these brief remarks by saying been paid $1 for her service. munity meeting in Oregon or Colorado that I am especially grateful that the Of course, the record of that 1 day on or Maryland or some other part of the cause of good government is enhanced the floor speaks for itself. We have country, and somehow there is this by the fact that Senator MIKULSKI is come a long way since that day. But sense what goes on in Washington real- very much alive. This is not a tribute BARBARA MIKULSKI was first elected to ly has nothing to do with people in to someone who is leaving office, this the House in 1976, and then to the Sen- their home community. is a tribute to someone who is going to ate 10 years later. When she first en- Senator MIKULSKI doesn’t practice be here next week, next month, and the tered this Chamber, there was only one public service that way. Senator MI- years ahead, continuing to shatter other woman here, her friend and her

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She was always willing to UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- two of them were quite a team and give that extra advice and, I might say, TION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 8038: BARBARA MIKULSKI speaks fondly of her was always willing to suggest that you To be lieutenant general days with Senator Nancy Kassebaum. might have made a mistake—try it a Today there are 17 of us, and proudly little different way the next time—not MAJ. GEN. JAMES F. JACKSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT we continue that tradition of respect one to mince words, but as a good big IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- and bipartisanship set in large measure sister would take us under her wing CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION by two of the women we greatly ad- and help us out as any good big sister 601: mire. would do. To be lieutenant general The late Representative Edith In addition to that wonderful, help- MAJ. GEN. ANDREW E. BUSCH Nourse Rogers of Massachusetts, who ful, and thoughtful gesture that she IN THE ARMY served from 1925 to 1960, had previously shared with me and so many, she has THE FOLLOWING NAMED OFFICER FOR APPOINTMENT held the record for the longest serving been an inspiration to many women, IN THE UNITED STATES ARMY TO THE GRADE INDICATED woman in Congress. Breaking this particularly young women who have WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND record is only one of the many mile- looked up to her, trying to follow in RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general stones Senator MIKULSKI has accom- her footsteps. plished during her tenure in the Sen- I can only say that this Senate and MAJ. GEN. ROBERT B. BROWN THE FOLLOWING NAMED UNITED STATES ARMY RE- ate. But, as she would so quickly say, this Congress—the people of Maryland, SERVE OFFICER FOR APPOINTMENT AS CHIEF, ARMY RE- it is not how long you serve but how the people of our country and women SERVE AND APPOINTMENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND well you serve. It is not the length of throughout the world—have been RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 your service, as she said to us so many blessed by her leadership. AND 3038: times, but the quality of your service. What has touched me the most about To be lieutenant general We could not have a better role watching her is the fearlessness in MAJ. GEN. JEFFREY W. TALLEY model—in terms of effectiveness, which she serves. She does not back IN THE NAVY down. She knows herself, she is com- strength, tenacity, courage, boldness— THE FOLLOWING NAMED OFFICER FOR APPOINTMENT than in our own Senator BARBARA MI- fortable in her own skin, and she IN THE UNITED STATES NAVY TO THE GRADE INDICATED KULSKI. doesn’t try to be someone she is not. UNDER TITLE 10, U.S.C., SECTION 624: She was the first female Democrat, She is very proud of her Polish-Amer- To be rear admiral (lower half) the first in the history of our country, ican background, always proud to talk CAPT. DOUGLAS G. MORTON to serve in both Chambers of Congress, about the bakery her parents owned, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED the first female Democrat to be elected her immigrant background, and always UNDER TITLE 10, U.S.C., SECTION 624: to the Senate without succeeding a so willing to share from her heart as To be rear admiral (lower half) well as her mind some of what she be- husband or a father, and the first fe- CAPT. TERRY J. MOULTON male to chair an Appropriations Com- lieves. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT mittee. She has been nothing but an inspira- IN THE UNITED STATES NAVY TO THE GRADE INDICATED I serve on the Appropriations Com- tion to me and to many. I am so glad UNDER TITLE 10, U.S.C., SECTION 624: mittee. It is one of the most powerful I could come to the floor today, I am so To be rear admiral (lower half) committees in our Congress. When I glad. I think almost every one of our CAPT. DAVID R. PIMPO think about the fact that it took over colleagues has made it to the floor to CAPT. DONALD L. SINGLETON IN THE ARMY 225 years for a woman to get the gavel honor her. When God made BARBARA MIKULSKI, he threw away the mold. I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT on just one of the 14 subcommittees— IN THE GRADE INDICATED IN THE RESERVE OF THE that number has changed over the dec- don’t think there will ever be one like ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ades—but if you think about it, from her. There most certainly isn’t anyone To be colonel the beginning of our country’s history, in politics today who is like her. That JAMES M. VEAZEY, JR. those early days through the expansion is good, to be unique in that way. She THE FOLLOWING NAMED OFFICER FOR APPOINTMENT out West, through the Civil War, post- will be long remembered. I hope she IN THE GRADE INDICATED IN THE REGULAR ARMY JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, Civil War history, the early part of the will serve here for many wonderful U.S.C., SECTIONS 531 AND 3064: 1900s, World War I, World War II—never years to come. To be major I yield the floor. did a woman hold a gavel to write one SHARI F. SHUGART budget for one committee in the entire f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT country, until BARBARA MIKULSKI re- IN THE GRADE INDICATED IN THE REGULAR ARMY ADJOURNMENT UNTIL 9:30 A.M. UNDER TITLE 10, U.S.C., SECTION 531: ceived one of those gavels. TOMORROW I can tell you from personal experi- To be major ence serving with her on that com- The PRESIDING OFFICER. Under DANIEL A. GALVIN SEAN V. KELLEHER mittee, our country is a better place— the previous order, the Senate stands JOHN P. KUNSTBECK in health, in welfare, our space pro- adjourned until 9:30 a.m. tomorrow. THOMAS J. SEARS Thereupon, the Senate, at 7:10 p.m., THE FOLLOWING NAMED ARMY NATIONAL GUARD OF gram, our science and technology pro- THE UNITED STATES OFFICERS FOR APPOINTMENT TO grams—because BARBARA MIKULSKI has adjourned until Thursday, March 22, THE GRADE INDICATED IN THE RESERVE OF THE ARMY used that gavel not to promote herself 2012, at 9:30 a.m. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: but to promote the people she serves f To be colonel and the principles for which she fights. NOMINATIONS ANTHONY R. CAMACHO She is well respected for her wisdom, CARLTON C. CLEVELAND II Executive nominations received by KEVIN R. KICK for her tenacity and her strength. She RICHARD J. SLOMA is respected by female and male peers the Senate: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE JUDICIARY THE UNITED STATES OFFICERS FOR APPOINTMENT TO who serve with her. As most of my fe- THE GRADE INDICATED IN THE RESERVE OF THE ARMY male colleagues in the Senate have RAINEY RANSOM BRANDT, OF THE DISTRICT OF CO- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR also experienced, Senator MIKULSKI COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM To be colonel took me under her wing when I was OF FIFTEEN YEARS, VICE JOAN Z. MCAVOY, RETIRED. JAMES M. BLEDSOE first sworn in as a Senator. She ex- DEPARTMENT OF JUSTICE ALBERT A. CITRO III CHRISTOPHER P. CMIEL tended her hand to help me in every JOHN S. LEONARDO, OF ARIZONA, TO BE UNITED HARRISON B. GILLIAM way possible, to help me find my foot- STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR MANUEL R. MEDINA THE TERM OF FOUR YEARS, VICE DENNIS K. BURKE, RE- MARK K. OHANLON ing here as a Senator and to navigate SIGNED. JOSEPH P. STEPHENS

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DANIEL J. YOUNG ERIK A. CORCORAN KENNETH E. HERNDON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRAVIS E. COREY CHRISTOPHER M. HILL TO THE GRADE INDICATED IN THE UNITED STATES ARMY AMY M. CORY PAUL E. HOLT, JR. UNDER TITLE 10, U.S.C., SECTION 624: JASON L. COWAN JUSTIN T. HORSFALL THERESA B. COX KATHRYN Z. HOSTETLER To be major REBECCA J. COZAD ALEX J. HOUSTON III MIRANDA R. CRAIG GREGORY HOWARD, JR. JOHN R. ABELLA JASON P. CRIST DANIEL L. HOWSER TIMOTHY M. ADAIR JASON S. CRITZER ALLEN J. HUGHES ELIZABETH A. ADAMS BRIAN J. ADKINS CASSANDRA S. CROSBY ALFRED E. HUNTE III RANDALL D. AGNEW MARK W. CROWDER JANAY L. HURLEY ROMAINE M. AGUON JOSE J. CRUZ MATTHEW J. HURLEY BRIAN J. AHLERS CHRISTEE S. CUTTINO BRYAN C. HUTCHERSON JACOB W. ALFORD CASSANDRA E. DAILEY JESSE J. IGLESIAS DESHAUNDA R. ALLEN REBECCA A. DANGELO MARIO M. IGLESIAS MICAH E. ALLEN CLAUDIA I. DANIEL EDDIE L. IIAMS XAVIER C. ALLEN GREGORY L. DARDEN EUGENE IRBY MATTHEW L. ALVAREZ JUSTIN L. DARNELL CHRISTOPHER D. ISBELL BRAD D. ANDERSON MOLLY C. DAVIDSON ALLAN S. JACKMAN DESIREE L. ANDERSON BRIAN D. DAVIS MATTHEW P. JACOBS SEAN M. ANDERSON MARCUS D. DAVIS LATOYA M. JAMES REYNA J. ANDREL OCTAVIA L. DAVIS WILLIAM M. JAMIESON JORGE A. APONTE SCOTT M. DAVIS HARLEY P. JENNINGS TOBIAS S. APTICAR THOMAS S. DAVIS NICOLE L. JEPSEN MIGUEL A. AQUINO TY G. DAWSON RAPHAEL A. JIMENEZ-RAMIREZ II ADAM N. ARAUJO CARTER G. DEEKENS ALFONSO T. JOHNSON JAIME L. ARIZMENDI 09AROCHO JAMES W. DEER DEREK G. JOHNSON DARRELL R. ARNDT JOHN D. DEGIULIO EDWARD B. JOHNSON, JR. NATHANIEL J. ARNOLD ROSA V. DELAGARZA JASON L. JOHNSON SAUL A. ARROYO DAVID W. DENNETT MARTIN A. L. JOHNSON MICHAEL E. ASHTON JOSEPH F. DENNING, JR. MELISSA E. JOHNSON STEVEN D. ATWOOD JERRY A. DEQUASIE NAOMI S. JOHNSON CODY M. AUTREY LATIKA S. DIXON TEZSLYN L. JOHNSON GEORGE M. AUTRY MICHAEL J. M. DIZON RACHEL J. JOSHUA JAHREN D. BAEZ MAX W. DONALDSON FELICIA JOYNER KYLE P. BAIR CHARMAINE R. DOUCETTE JOHNNY J. JUN CHRISTOPHER M. BALDWIN LONNY L. DOUTHIT MATTHEW P. KENT TIMOTHY J. BALLAS THADDEUS J. DOUTHITT JOSHUA T. KERTON EMERSON F. BAMBA DAVID DUNCAN STEPHEN J. KILDOW SHEILA A. BANKS JEREMY R. EBDRUP SARA D. KIMSEY STEPHEN F. BARKER EARL L. ELAM ERIC K. KING MICHAEL J. BARNETT GERVELINE ELIASSAINT STACY L. KING JONATHAN BARRETO MARK A. ELLIS VALERIE KNIGHT JOSE V. BARROS BARRICK K. ELMORE BRANDON M. KOAY MATHEW A. BAUMGARTEN JONATHAN ENGROOS JOSEPH D. KOMANETZ CHRISTOPHER S. BAY LARRY L. EPPS, JR. BONNIE S. KOVATCH AARON J. BECKER CHRISTY L. ERWIN KELLI J. KULHANEK JEFFREY M. BELCOURT JOHN C. FAUST AMANDA R. LAM BRIDGETTE R. BELL GINA M. FERGUSON JOHN D. LAMKIN SEAN M. BELL VICTORIA L. FERREIRA DANIEL E. LANDRUM STACY L. BEQUER ANDRE R. FIELDS MARIEJANE V. LARIMER NOEL P. BERGERON GREGORY D. FINN MELINDA LATTING DAVID H. BERGMANN TAMMY D. FISHEL CLEOPATRA W. LAWSON CHRISTOPHER L. BERRY DAVID P. FLEMING ALBERT J. LEE DALE E. BERRY JAMES E. FLOTT MICHAEL J. LEE LILLIAN A. BERRY KEITH L. FORD KATHERINE A. LEIDENBERG DAVID S. BEST BENVERREN H. FORTUNE RONALD C. LENKER TRAVIS W. BLASCHKE ANTHONY L. FREDA WILLIAM A. LESLIE, JR. WILLIAM D. BOISVERT JONATHAN T. FREDRITZ DENNIS M. LEUNG ANGELA C. BORDEN MICHAEL H. FULLMER JASON M. LOGAN EDWARD L. BOULDIN BURTON FURLOW, JR. HANS J. LOKODI JEREMY M. BOURQUE MATTHEW F. FURTADO EDGAR A. LOPEZ ELLHUE S. BOWLES, JR. CHARLES G. FYFFE MIREYA K. LUMPKIN BROOKS D. BOYD SHANE L. GAINAN JOSHUA H. LUNSFORD DERWIN BRADLEY TARONE L. GALLOWAY JOEL M. MACHAK TONEY M. BRANTLEY TIMOTHY L. GALLOWAY CHARLIE MACK III GRANT J. BRAYLEY DUSTIN D. GAMACHE JAMAAL A. MACK LARRY D. BRINSON, JR. LYDIA C. GANDARA JASON S. MALONE WILLIAM O. BRITT III EFRAIN A. GARCIA-COLON THOMAS J. MARBURY CRAIG L. BROE BRENT D. GARGUS MARGARET J. MARCELLO ARTHUR G. BRONG PROSPERO J. GATUS CHRISTIAN C. MARKS AARON S. BROWN KENNETH J. GAUSE JOSEPH C. MARSHALL CHRISTOPHER A. BROWN WAYNE GENDRON WALTER L. MARSHALL JONATHAN L. BROWN TAWOFIK M. GHAZAL JEFFREY L. MARSTELLER MICHAEL C. BROWN DUSTIN M. GILFOIL ROBERT P. MASSEY MORRIS BROWN, JR. JARROD D. GILLESPIE CHRISTOPHER J. MASSON TONI N. BROWN ALPHONSO A. GILMORE IRMA M. MATOS LEE M. BRUNER III NAQUAVA E. GLENN ERIK D. MATTES MIA P. BRUNER AMAURY A. GOMEZ ROBERT A. MATTHEWS CHARLES V. BUIE MICHAEL G. GOODKNIGHT JOHN V. MAUNTEL CORRIS L. BULLOCK CHAON P. GORDON ERIC S. MCCALL QUINTON B. BURGESS CHRISTOPHER J. GORDON MICHAEL R. MCCARTY MICHAEL A. BURGETT GABRIEL GRANADOS MARY K. MCCRAY JEFFREY L. BUTTARS LESLIE A. GRAYHAM AARON M. MCCULLOUGH KEVIN D. CAESAR JEDMUND W. GREENE RONNIE D. MCCULLOUGH JOE D. CALDWELL, JR. JACQUELINE M. GREGG RYAN P. MCDONALD STEVEN E. CAMACHO MARIA M. C. GREGORY PAUL D. MEDLEY NAYARI N. CAMERON DOUGLAS GRIFFITH GERARDO MENAL TAMIKO M. CAMPBELL WILLIAM F. GRIFFITHS JOAQUIN M. MENO HILARY C. CAMPHOUSE DANIEL W. HADDOX RENEE M. MICHEL TIFFANY L. L. CARLISLE NATHAN L. HADLOCK MICHAEL A. MIGNANO ANDREW S. CARPENTER KRIS B. HALEY KORY C. MILLER ESTHER CASARI ANTHONY L. HALL MICHAEL R. MILLER ADAM R. CATES JEREON W. HALL NICHOLAS J. MILLER LEANDER B. CATES JEFFREY P. HALLADAY RENINA C. MILLER BRAD A. CATON MICHAEL A. HALLINAN JAE K. MIN FRANK A. CENKNER DENNIS L. HAN MATTHEW W. MISKOWSKI NATACHA CERISIER 09WHETSTONE KEVIN M. HARPER JEANNETTE M. MOLINA BRANDON M. CHAPMAN NICOLE L. HARRELL DONALD MOORE, JR. HELEN M. CHEARS SHAUNAREY HARRIS DONWAYGO R. MOORE, SR. SEAN M. CHERMER TONY L. HARRIS JODIE M. MOORE CARLSON D. CHOW W N. HARRIS AYANNADJENABA A. MORALES KENT L. CHRISTOPHER JOSHUA S. HARTWICK CARL M. MOSES DAVID M. CHUDY JOSHUA L. HEADLEY DAVID C. MOSES DAVID S. CLARK ROBERT A. HEDGE, JR. KIRK E. MOSS NICOLE L. CLARK KENNETH R. HEEBNER JAMES D. MULLIN COURTNEY G. CLAYTON BRIAN S. HEISE AVA W. MURPHY ANTONIO C. COFFEY CHAD M. HENDERSON PATRICIA C. MURPHY JOSHUA D. COLLINS JEROME HENDERSON SHANE L. MURPHY PATRICK A. CONFER LAWRENCE E. HENDERSON LASHONDA C. NAIRN TORRANCE L. CONNER ANTIWAN M. HENNING JACOB T. NAYLOR COREY A. COOPER EVERETT M. HENRY II ANTHONY P. NEWMAN

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CHRISTIAN S. NEWTON DAKOTA R. STEEDSMAN DALLEN R. ARNY TYLER D. OLSEN MELISSA M. STEVENSON TERRY L. ARVA HADIYA E. ONEAL MATTHEW A. SUHAR BRETT J. ASHWORTH STEPHEN F. OSTRANDER MATTHEW B. SULLIVAN CHARLES T. AUSTIN WILLIAM OWEN VIRGINIA A. SUPANICK CARLO U. AVERGAS MICHAEL O. OZOLS ROBERT J. SUTTON GINA M. AVILES TIMOTHY N. PAGE CAMILLA M. SWAIN CHARLES R. BAILEY MATTHEW P. PANEPINTO RYAN D. TACKETT JONATHAN N. BAILEY NICHOLAS P. PANEPINTO JUAN TALAMANTES, JR. MARK J. BALBONI CATHERINE Z. PAPOULOGLOU MARILYN TAMATAVE MICHAEL J. BALLARD THOMAS A. PARKER VERNON D. TAYLOR CHRISTIE E. BANNER VANESSA M. PARKER KEISHA A. TEIXEIRA LAWRENCE E. BARBER MICHELLE L. PARLETTE DWAYNE M. TERRY MATTHEW S. BARGER ALICIA M. PARTIN MUHAREM TERZIC STEPHEN W. BATEMAN JEAN P. PAUL GRANT T. THIMSEN AARON D. BEAM JON J. PEARL CHRISTOPHER D. THOMAS JOSHUA P. BEARD AARON D. PEARSALL DRENNA L. THOMPSON RICHARD D. I. BECKER STEPHANIE M. PEGHER JERMON D. TILLMAN CHARLES J. BELL ERIC C. PENA ROSLYN D. TILLMAN NICOLE A. BELL YVONNE V. PERDOMO TONY D. TINDERHOLT TRAVIS M. BELLER RYAN D. PERUSICH DANIEL P. TONE BENJAMIN K. BENNETT GEOFFREY A. PETERS KEITH O. TONEY ARTHUR J. BENSON DWAYNE A. PETERSON ORLANDO L. TORRES DANNY L. BERNDT RICKY PHAN ROBERT J. TREMBLAY WYMAN T. BEY ERIX S. PHILLIPS WILLIAM N. TRENOR SPENCER BIAH JON T. PHILLIPS DANIEL T. TROST CHRISTOPHER S. BILLINGSLEY KENNETH M. TWITTY JEFFREY A. PHILLIPY MARTY W. BISHOP VIC J. UNDERWOOD LANELLE J. PICKETT COLLIN A. BISSELL CHRISTOPHER J. URYNOWICZ OBADIAH J. PILKINGTON JUSTIN T. BLADES KATIE M. UTLEY CRISTIAN A. PINZON MELISSA A. BLONDIN MIKLOS S. VAJDA EDUARDO G. PLASCENCIA SCOTT M. BOBIER PLOURDE VALLON ADRIAN L. PLATER DAVID G. BOCK PATRICK S. VANKIRK RICHARD R. PLESS CHRISTOPHER B. BOER EDISON H. VARGAS DEOSARAN POKHAI BEN M. BORJA IAN J. VARGAS DREW T. PONIVAS BLAKE C. BOTILL MELODY L. VARNER LEVITICUS D. POPE ROBERT H. BOTSFORD DOMINIC T. VAUGHAN TIMOTHY J. POWLAS BENJAMIN S. BOWDEN JUAN A. VEGA MANUEL PRADO GREGORY J. BOWLES SOL A. VELEZ KEITH N. PRATT SIMON A. BOYD ERIC VERBURG ROBERT T. PREMO TRAVIS B. BRASHERS JUAN A. VILLATORO PATRICK B. PRESTON MATTHEW J. BRENNAN THOMAS M. VIRNIG KENNETH D. PRICE KENNETH N. BROCK JOHNNY H. VUONG ALIM A. QAASIM JAMES M. BROGAN LINDA C. WADE JEFFREY J. QUAIL KENNETH B. BROOKS ROBERT L. WALLS NEROLIZA QUILES THOMAS V. BROOKS SHAREEFAH J. WATERS ANGELA M. QUINN DAVID C. BROWN ASHLEY L. WATSON AGUSTIN QUINONESVARGAS SEAN C. BROWN LATASHA WATSON ERIK QUIRALTE TEKEITHIA C. BROWN CAREY E. WAY EUPHEMIA S. RAMEY MATTHEW O. BRUNDAGE ANTHONY J. WEILBACHER SCOTT A. R. RAMIREZ JOHN W. BRUSHABER JOHN D. WEISSENBORN TINA L. RAMIREZ ALICIA E. BRYANT BRIAN J. WELCH RAMON G. RAMOS STEPHANIE M. BUCK ALLEN S. WELLMAN PAUL H. RAMSEY JERRY D. BUCKLES BRANDY L. WEST WILLIE R. RAMSEY DANE W. BUCKLEY ROBERT J. WEST JIBRIL B. RASHAD WILLIAM N. BURGOS, JR. BRETT C. WHEELER ADAM D. RAY DAVID W. BUTLER ALEX B. WHITE KALIN M. REARDON JOHN A. BYRD CHRISTOPHER M. WHITTEN PATRICK J. REARDON FELIX K. CANETE CORNELIUS D. WILBERT MARK C. REED ENRIQUE T. CANIZALES-PYLES BRANDON J. WILKINS ZAMBIA S. REMLEY JEFFREY L. CANNING AGNITA M. WILLIAMS ARLENE C. RILEY KENNETH W. CAREL ANDREA WILLIAMS MATTHEW C. RIVERA JUAN F. CARLETON BRIAN M. WILLIAMS MELODY D. ROBINSON CHAD E. CARR DAVID C. WILLIAMS NARVO N. ROBINSON DERRICK P. CARVER JACQUELINE R. WILLIAMS STEVEN C. ROBINSON MARY C. CASSIDY JAMES M. WILLIAMS DANIEL RODRIGUEZ, JR. ALBERTO CASTRO JAY A. WILLIAMS JEREMY J. ROGERS ALLAN J. CATINDIG KELSY R. WILLIAMS CHRISTOPHER J. RONALD STEVEN R. CAVIN NICHOLAS I. WILLIAMS BENJAMIN ROSARIO-CAMACHO JESUS CEJA YOLANDA M. WILLIAMS WILFORD A. RUFFIN MICHELLE F. CENDANA BENJAMIN E. WILSON EDWARD R. RUNYAN ANTHONY E. CERULLO NICKOLA R. WILSON AMY A. SAAL ALEX B. CHANEY RICHARD S. WILT, JR. JEFFREY L. SACKS KAREN CHARCHAN CHANCE L. WIREY RODRICK C. SALTER BRIAN CHEN JEFFREY L. WITHERSPOON DAVID A. SANCHEZ BRUCE E. CHOJNACKI DEWAYNE G. WOOD JAYSON A. SANCHEZ ANDREW E. CHOVANCEK EDWARD M. WOODALL ADIA H. SANDERS NORMAN R. CHRISTIE PHILLIP G. WOODEN GARY E. SANDERS II YOUNG H. CHUN SHANON B. WOODS JAMES C. SANDERS JONATHAN M. CINTRON JAMES E. WORD KENNETH E. SCATTERGOOD DOMINICK G. CLEMENTE, JR. LAURIJEAN C. WRIGHT RALPH E. SCHNEIDER IV SHARMAN J. CLINCY CHAD D. WRIGLESWORTH SCOTT M. SCHOEN JASON C. COAD DANIEL M. YABLONSKI JOHN B. SCHULKE, JR. TRAVIS L. COFFMAN TRACY L. YATES JONATHAN M. SEITER JAMES V. COLLADO STANLEY M. YOUNG PAUL D. SELL VICTOR COLLADO WILLIAM Y. YUN ROBERT S. SHAW ROBERT N. COLLIER AMBER R. ZEIGLER ALAN W. SHOLES, JR. CHRISTOPHER A. COLLINS ALAN ZERO JOHN D. SHORT CHRISTOPHER M. COLLINS ADAM C. ZIEGLER JAIME L. SIMMONS JUSTIN E. COLLINS JASON S. ZMIJSKI BRADLEY C. SINES CHRISTOPHER U. COLUMBRES MICHAEL S. SJOSTROM DENNIS J. COMPTON DENNIS I. SLATTERY JOHN M. COMSTOCK ALLY M. SLEIMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSHUA S. CONARY CHER C. SMITH TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILLIAM J. CONSTANTINO CRYSTAL V. SMITH UNDER TITLE 10, U.S.C., SECTION 624: JEREMY A. COOPER EDWARD J. SMITH To be major CASEY J. CORCORAN GREGORY S. SMITH ERIC B. CORDAS JOEL D. SMITH DREW Q. ABELL STEPHEN P. CORPUS JOSHUA J. SMITH JOHN C. ACOSTA LUCAS P. COTTRELL KELLEY A. SMITH BRADY C. ADAMS JOHN M. CRAIGHEAD OLIVER D. SMITH MATTHEW J. ADAMS MATTHEW S. CROSBY SHANNON I. SMITH BRADLEY K. ALLBRITTEN WILLIAM R. CROSS STANTON W. SMITH ERNEST A. ALMAZAN TIMOTHY P. CULLERS EUNICE H. SORRELL PETER P. ALMIREZ JONATHAN P. CURTIS JOSHUA D. SOUTHWORTH IVAN M. ALVARADO GREGORY E. CZYZYK TREVOR A. SPARKS HUMBERTO A. ALVAREZ CHARLES G. DAILEY JAMIE M. STAHL DARIUS D. ANANIA PAUL A. DALEN AMANDA K. STAMBACH ANN S. ANDERSON DEREK A. DALY BRIAN S. STANLEY JUDITH ANTOINE DONALD J. DANGLER NICOLE R. STARR DANIEL B. ANTON CHAD S. DANIELS VICTORIA S. STAUFFER SIDDAHARTHA G. ARIAS BOBBY E. DAVIS, JR. JERRY STECHER MATTHEW J. ARNOLD ELDONDA L. DAVIS

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MARK A. DAVIS MATTHEW R. HINZE CHRISTOPHER B. MCCARVER MATTHEW B. DAVIS ROBERT C. HOFFMAN MICHAEL K. MCCOY STEVEN A. DAVIS GREGORY L. HOLIMAN MICHAEL B. MCCRANIE ROBERT A. DAY DEBORAH L. HOLLAND MATTHEW W. MCCRAY AARON M. DEAN BARBARA M. HORNE JASON J. MCCUNE DAVID E. DEHART DARNELL H. HOWARD COLIN J. MCELROY TRAVIS D. DELKER DEMETRIUS D. HOWARD PATRICK M. MCGRATH LEONARD B. DELLA-MORETTA III DAVID H. HOYT RHONDA L. MCRAE DAVID S. DIETZ GEORGE W. HUGHBANKS CLINTON C. MEAD TIFFANY L. DILLS KEN M. HUGHES RICKIE R. MEERS, JR. HARRY L. DINGLE DAVID M. HUNTER DEREK W. MEHRTENS CHRISTOPHER W. DISTIFENO MATTHEW J. HUNTER ERIK F. MELENDEZ PAUL D. DOLEZAL SCOTT D. HUNTLEY JOSHUA G. MENDOZA TIMOTHY M. DOLL WILLIE R. HUTCHINSON NATALIA R. MERCEDES-WILLIAMS MICHAEL L. DONEGAN FRANK K. HWANG MELISSA C. MESSARE ANDREW X. DOWNEY KEVIN T. IKE JACOB I. MEYER JACKSON DRUMGOOLE II ERIK M. ILIFF SEAN P. MICHAELSON JEFFREY G. DUPREE KARL T. IVEY EDWARD MIKKELSEN, JR. MICHAEL A. DUVAL ANTONY B. JACKSON JASON C. MILLER PHILLIP A. DYE ERIC T. JACKSON MATTHEW L. MILLER CHRISTOPHER R. DZIADOS ROSS E. JACKSON PATRICK G. MILLER ETRIK J. EDDY THOMAS P. JACOBS RYDER S. MILLER PAUL D. EGGIE BRIAN JAMES AMANDA MILNER ASHLEY R. ELLIS TRAVIS W. JAMES EDWARD J. MINOR MICHAEL J. EMERSON BRIAN M. JANTZEN GARRICK P. MINOR PAUL A. ESCOBAR TIMOTHY L. JENKINS AZUCENA MONTENEGRO CHARLES D. ESTER MICHAEL T. JESSEE DUANE A. MONTOYA LUIS A. ETIENNE EVAN D. JOHNSON CHARLENE MOORE JULIANNA M. EUM JEFFREY E. JOHNSON JOHN F. K. MOORE KEVIN L. EVANS JOEL M. JOHNSON BENJAMIN T. MOREHEAD CHRISTINA A. FANITZI KHALI D. JOHNSON KYLE V. MOSES LEMAR A. FARHAD SETH A. JOHNSTON CARDY MOTEN III CHRISTOPHER D. FELIX TERRY L. JOINER CHRISTOPHER L. MUGG ANTHONY J. FENNELL JAMES M. JONES PATRICK R. MUGG JAY G. FIGURSKI JENNIFER D. JONES DAVID A. MULLINS JUSTIN L. FINCHAM RYAN D. JONES CHRISTOPHER U. MUNAR NATHAN K. FINNEY STUART W. JONES KEVIN C. MURNYACK PHILIP J. FISHER JASON E. KALOW BRIAN P. MURPHY ANTHONY D. FISIC BAI S. KAMARA JASON P. MURPHY SHAWN M. FITZGERALD JOSEPH M. KAMINSKI BRIAN S. MURRAY IAN W. FLEISCHMANN ALEX F. KATAUSKAS JASON M. MUSGROVE JANIS D. FLEMING BRIAN A. KAVANAGH DAVID C. MUSICK CHARLES M. FLORES DAVID F. KEITHAN MICHELLE T. MYERS PETER R. FLORES, JR. GERALD L. KELLER MICHAEL E. NAAS AARON C. FORD DANIEL J. KEMPEN JEFFERY S. NASON KYLE D. FORD JASON P. KENDZIERSKI TYRONE L. NELSON MICHAEL M. FORESTER SEAN K. KENEALLY SEAN P. NEWCOMB ADAM FORREST PHILLIP J. KERBER BRAD A. NEWNUM JACOB P. FOUTZ BRETT T. KETCHUM DAT T. NGUYEN JOSHUA M. FRANCIS DANIEL K. KILGORE VINH Q. NGUYEN YASMIN J. FRANCIS EZRA Y. KIM GLIDDEN NIEVES JOHANNA M. FRANCO JAMES H. KIM EDWARD F. NORRIS MAI L. E. FRANCO JAMES E. KING STEPHEN M. NOTERY WILLIAM P. FREDERICK COLIN M. KINSELLA DONALD J. NUNEMAKER SEAN A. FRERKING JARED R. KITE ROBERTO NUNEZ CHRISTOPHER M. FRISBIE BENJAMIN H. KLIMKOWSKI RICHARD L. NYGAARD MALLORY A. FRITZ KRAIG M. KLINE RICARDO E. OCASIO WILLIAM P. FROST DUSTIN M. KNAUS RAYMOND W. ODONNELL MAXWELL E. FULDAUER WESLEY N. KNIGHT GERALD M. ODOWD JOSHUA W. FULLER DONALD D. KOBAN PAUL C. OGWO BRADFORD L. GADDY WILLIAM L. KOCH JASON M. ONEAL PAUL K. GALBRAITH DEREK J. KOCHER JORDAN D. ORDONIO JOSEPH GARWACKI MICHAEL A. KOTICH EGAN L. OREILLY JIMMY F. GASTON III MAXIM A. KREKOTNEV MARK F. ORLANDI CARL GAUSE, JR. DANIEL KULL ISMAEL ORTIZ-RIVERA JASON J. GENARD MICHAEL C. KURTTI JOSE F. ORTIZ-TRINIDAD KURT L. GERFEN AARON J. KUYKENDALL CHAD A. OTT DAVID E. GERVAIS STEVE S. KWON JEREMIAH S. OWOH MATTHEW L. GETTINGS DARRELL C. LADNIER JASON A. PARDEE MATTHEW C. GILL JAMES R. LALLY RUSSEL T. PARHAM JOSHUA L. GLENDENING CLAUDE A. LAMBERT MATTHEW S. PARISH EDWARD F. GOLDNER BRIAN H. LAMPERT AARON M. PARKER MICHAEL D. GORE BRADLEY T. LANG DANIEL I. PATON IV RANDALL T. GRAHAM FRANCES P. LANG JARED G. PECK LEE P. GRAY JEFFREY J. LANG JERRY L. PEEBLES GEORGE C. GREANIAS KEVIN S. LARRABEE DARRELL E. PEEK CHRISTOPHER R. GREEN NICOLE B. LAUENSTEIN WINSTON A. PERRY JOHN D. GREEN JOSEPH A. LAVALLE-RIVERA EDWARD T. PESKIE NEAL R. GREEN CLARENCE L. LAWSON, JR. ROBERT L. PETERS TERRENCE R. GRIFFIN ANDREA L. LEAMAN JOCOLBY W. PHILLIPS BRENDA L. GRUSING LUCAS J. LEASE MARISA C. PIASECKI REGINALD GUILLET MICHAEL L. LECCLIER JACOB C. PIERCE GORDON F. GUILLOT GREGORY M. LECLAIR BRADLEY K. PIETZYK ZACHARY L. HADFIELD AUVIE R. LEE BRYAN W. PLASS RICHARD E. HAGNER CHRISTOPHER S. Y. LEE MICKEY J. PLETCHER CHRISTOPHER M. HALL JAMES A. LEIDENBERG MARTHA A. PLUMLEY GERALD S. HALL TRACY B. LEON ANDREW B. POKORA ZENIN J. HAMAGUCHI JARROD L. LESLIE BENJAMIN POLANCO BRYAN T. HAMILTON WILLIAM C. LEWIS MICHAEL T. POPE ANTHONY J. HAMMON CHRISTY A. R. LICKLIDER JAMES L. POTTER LUCAS J. HARAVITCH JENNIFER D. LILES LUIS E. PRECIADO KENNETH D. HARDY TOMEEKA LILLY STEVEN E. PRESSLEY EVERETT HARRIS DONALD W. LINCOLN JAMES M. PRICE NANCY K. HARRIS GEORGE J. LINDSEY NATHAN R. PULLIN MARCUS A. HARRISON MARCUS E. LOPEZ RYAN E. PURDY SETH R. HARTMANN DEBBIE C. LOVELADY JASON W. PYSKA JAMES H. HARVEY ARNIE F. LUCAS III JASON A. QUASH SIMEON M. HARVEY CHRISTOPHER D. LUNDIN MARIO A. QUEVEDO JAMES N. HARVILLE WESLEY H. LUTHER CARLOS A. RAMOS JACK HATFIELD III JAMES C. MACHADO ANDREW J. READY ROBBY A. HAUGH JEFFREY N. MACKINNON THOMAS E. REDDICK, JR. AUSTIN T. HAYES MICHAEL A. MADDOX MICHAEL R. REDINGTON PATRICK R. HEIM BRANDY L. MALONE ANDREW C. REED JONATHAN M. HEIST KELLY L. MARKIN KETTY N. REED WILLIAM L. HEITZMAN JAE C. MARQUIS SANDRA E. REEVES RUSSELL W. HENNESSEY MICHAEL A. MARTIN JOHN A. REGAN HERSCHEL L. HENRY CLARE MARTINEZ CHRISTOPHER P. REILLY DEAN K. HERMAN JONATHAN MARTINEZ CORY S. REITER SHAWN R. HERRICK KIRSTIN S. MASSEY JESUS REYES DANIEL D. HICKEY JOHN P. MAYO ALBERTO J. REYNOSO NATHAN L. HICKS JOHN J. MCALLISTER BRAD A. RICE LIESL K. HIMMELBERGER ALTON R. MCCALLUM DAVE C. RICHARDS

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AMANDA B. RIFFER FELIX TORRES DOUGLAS A. ARMSTRONG ADAM L. RIGGS IVAN TORRES MICHAEL C. ARNONE ALBERT RIOS MICHAEL B. TOWNER DAVID E. ARROYO-BURDETT BRADLEY R. RITZEL NADIA L. TRAYLOR NIKOLAS J. ASARO JOHN A. RIZZUTO SERGIO R. TREJO, JR. GEORGE J. ATHANASOPOULOS OMAR M. ROBERTO-CAEZ ADAM C. TUMBLIN JAMES A. ATTAWAY CHRISTOPHER C. ROBERTSON JENNIFER M. TUREK FREDERICK J. BABAUTA JOHN B. ROBERTSON AARON S. TURNER JUSTIN L. BABCOCK STEVEN L. ROBERTSON JAMIESON L. TWIST SEAN M. BADWOUND DAVID RODRIGUEZ TIMOTHY D. TYNER STEWART D. BAILEY MINERVA A. RODRIGUEZ BENJAMIN K. ULLRICH MICAH I. BAKER KENNETH W. ROEDL MATTHEW P. UPPERMAN MARIUS B. BALAS GUILLERMO ROJAS, JR. BRYAN M. VADEN ANDREW K. BARHAM PETE ROONGSANG JENNIFER E. VALDIVIA JAMES P. BARNHART MATTHEW T. ROSEN BENJAMIN J. VANMETER ANDREW T. BASQUEZ KRISJAND A. ROTHWEILER BRANDON L. VANORDEN CRYSTAL B. BATEY JOHN A. ROUSSEAU STEPHAN A. VARGA JAMES A. BATTLE BRYAN A. RUCKNAGEL JORGE E. VARGAS AARON B. BATY RAMON A. RUIZ, JR. THOMAS W. VOGAN CHRISTOPHER O. BEAL MORGAN R. RUST ALEXANDER M. VUKCEVIC STEVEN W. BEARD JAMES D. RYAN TRUNG N. VUONG ADAM BEATON, JR. ALPHIE G. SACHNIK DENIS M. WAGNER HERBERT F. BECK ANGELICA M. SALAZAR ROMELL WARD MICHAEL F. BECK DAVID SALAZAR JESSICA D. WATSON CRAIG T. BEESE KYLE SALTZMAN WESLEY P. WATSON SCOTTIE J. BENSON PEDRO R. SANABRIA SCOTT J. WEEMAN GEORGE E. BERNDT WILLIAM F. WEILAND PABLO SANCHEZ TRAVIS BETZ JONATHAN W. WELBORN KELLY J. SANDERS TIMOTHY P. BIART SHAIN R. WERTHER GREGORY E. SANDIFER RAYMOND H. BIJOLLE WILLIAM W. WESSLING ERASMO SANDOVAL AARON L. BILLINGSLEY FREDERICK J. WEST PHILLIP J. SANTOLI JAMES C. BITHORN TYRONE O. WEST JEFFREY J. SANTOS JOSEPH C. BLACK TRENT M. WESTON STEPHEN J. SAPOL DAVID W. BLACKWELL DARRELL T. WHITE ERICH J. SAUER CHRISTIAN D. BLEVINS MATTHEW N. WHITE KALE D. SAWYER KWAME O. BOATENG CLAY T. WHITMAN PAULA J. SCHEMMEL JENNIFER J. BOCANEGRA VANCE K. WHITT ROBERT W. SCHMOR STEPHAN R. BOLTON BENJAMIN T. WILLIAMS BRIAN T. SCHNEIDER ROBERT E. BONHAM BRENT S. WILLIAMS BENJAMIN A. SCHNELLER JEFFREY P. BOTTRELL DONYEL L. WILLIAMS CLINTON R. SCHOFIELD JEREMY J. BOUDREAUX KARIF T. WILLIAMS DAVID V. SCHULZ MATTHEW J. BOWMAN SONIA S. WILLIAMS JASON D. SCHWAB KEVIN L. BOYD ADLAI W. WILLIAMSON GAVIN D. SCHWAN STEPHEN R. BOZOVICH ERIC N. WILSON BLAKE E. SCHWARTZ BRANDON D. BRADLEY JASON P. WILSON TERI E. SCROGGINS PATRICK M. BRADLEY KENTRELL R. WILSON ELIZABETH A. SEATON JOSEPH W. BRADSHAW DARA L. WINNEY LEWIS F. SEAU EVAN W. BRAINERD CHRISTIAN R. WOLLENBURG MICHAEL S. SENFT ROBERT M. BRANDSTETTER SETH M. WOMACK ZACHARIAH SEPULVEDA SCOTT L. BRANDT JUSTINE R. WONG SCOTT A. SEWELL ELLINORE S. BRANDY LOREN Y. WONG NICHOLAS J. SHALLCROSS RICARDO BRAVO ADAM C. WOODBURY JESSE L. SHAW, JR. JOSEPH O. BREEDLOVE ERIK J. WRIGHT CHRISTOPHER T. SHERBERT CHARLES S. BRINK ERIK R. WRIGHT BRAD K. SHIMATSU JONATHAN M. BRITTON JAMIE R. WRIGHT JASON S. SHIN JIM A. BROCKINGTON BENJAMIN J. WU JARROD S. SHINGLETON CURTIS E. BROOKER KELLY M. YARD MATTHEW D. SHIRLEY CLINTON E. BROOKS ALEX H. YI THOMAS J. SILIO CLINTON W. BROWN YONG YI STEVEN R. SIMMONS, JR. CODY H. BROWN VICTOR M. YINH MICHAEL D. SIMPSON DAVID L. BROWN PHILIP T. ZAPIEN ORLANDO C. SIMS MARK L. BROWN, JR. JASON A. ZERUTO DANIEL M. SINGLETON MACKLAND H. BROWNELL BRYAN D. ZESKI THOMAS P. SIRICO MARQUES A. BRUCE MICHAEL D. ZIBERT ASHANTI M. SKINNER LARRY BRUEGGEMEYER NIKOLAUS ZIEGLER RONNIE L. SLACK DAVID A. BRUNAIS MATTHEW A. ZIMMERMAN CHARLOTTE E. SMART-MCGHEE STEPHEN W. BRUNK DANIEL N. ZISA DANIEL K. SMIT MARK A. BUCK JEREMY M. ZOLLIN JEROMIE D. SMITH BRIAN W. BURBANK JOSEPH A. SMITH JOHN L. BURBANK KEMIELLE D. SMITH JEFFERSON D. BURGES MICHAEL SMITH MEGAN T. BURKE OCTAVIA R. SMITH NEYSA N. BURKES GAETANO M. SNOW SEAN C. BURNETT BRENT SOELBERG NATHANAEL O. BURNORE JUNG S. SOH COREY L. BURNS JUDITH SOTO THOMAS W. BURNS PATRICK S. SOUTHERLAND CHRISTOPHER L. BURTON AMBER SPAIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK E. BUSH CONRAD D. SPANGLER TO THE GRADE INDICATED IN THE UNITED STATES ARMY PAUL S. BUTTON LOUIS J. STANGLAND UNDER TITLE 10, U.S.C., SECTION 624: JOHN W. CAHILL CHRISTOPHER L. STANGLE To be major BRIAN L. CALDWELL JAMES S. STEWART KEVIN J. CAMARATA SEAN A. STEWART EDWARD C. ADAMS DAVID R. CAMPBELL MICHAEL B. STOKES MICHAEL M. ADAMS KYLE I. CAMPBELL GLORIA E. STRINGER RANDALL J. ADAMS NATASHA N. CAMPBELL NAKIA J. SUMMERS ALLISON C. AGUILAR JUAN C. CANCEL KELLY K. SUNDERLAND ANTHONY B. AGUILAR DANIEL B. CANNON CHRISTOPHER M. SUTTLES MELISSA A. AGUILAR JACOB W. CAPPS ERICK C. SUTTON MARTIN AGUIRRE YOVANA CARDENAS JOY C. SWANKE ARNALDO C. ALBORNOZ STEVEN M. CARMICHAEL JAYSON L. SWEET BILLY J. ALEXANDER SEAN T. CARMODY EUGENE SZYMANSKI JASON M. ALEXANDER CHRISTIAN A. CARR MARGARET D. TAAFE-MCMENAMY WALTER T. ALLARD THOMAS CARROLL ELMER W. TAKASH III JASON D. ALLEN JAMES E. CARSON, JR. KENNETH S. TAKEHANA KIMBERLY N. ALLEN CHRISTOPHER J. CARTER KEVIN R. TANQUARY RONALD M. ALLEN CORY J. CARTER RYAN G. TATE TIMOTHY L. AMBROSE ADAM V. CARUSO JESUS A. TAVARES, JR. MARTIN D. ANDERS SEAN M. CASE BRYAN T. TAYLOR DANIEL J. ANDERSON BILLY B. CASIDAY THOMAS W. TAYLOR II JON C. ANDERSON PABLO CASTRO MARCELO C. TEALDI KARO M. ANDERSON MAX E. CAYLOR ELIZABETH A. TEDRICK NICHOLAS K. ANDERSON THOMAS CHAE ROBERT P. TEXTER PATRICK J. ANDERSON CHRISTOPHER S. CHAFFIN DARREN J. THOMAS RICHARD H. ANDERSON NICHOLAS B. CHALLEN JAMES H. THOMAS RICHARD S. ANDERSON BENJAMIN T. CHANNELS KAI J. THOMPSON GRAYSON F. ANGUS JESSE R. CHAPIN KEVIN G. THOMPSON ADAM D. ANTONINI DAVID T. CHAPMAN ROBERT L. TINDALL ANTHONY APPLEGATE COLIN D. CHAPPELL JASON P. TISDALE ALEX A. AQUINO CHAUNCEY M. CHAPPELLE PAUL W. TOMLINSON II BAUDELIO ARIAS, JR. NORVEN J. CHARLES WILFORD A. TONEY DAMON T. ARMENI ADRIAN M. CHEN ROBERT H. TOPPER, JR. ADAM W. ARMSTRONG JIMMY T. CHEN

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LUIS M. CHESHIRE DAVID J. FERRY BROCKTON L. HERSHBERGER TIMYIAN CHEUNG ROBERT A. FERRYMAN WILLIAM M. HERTEL LUKE T. CHIVERS MICHAEL FILANOWSKI RYAN G. HESTER HONG N. CHOE ANGELINE D. FIMBRES MICHAEL T. HETTICK COLLEEN K. CHRIST MARK N. FINNEGAN SEAN M. HEVEY PEARL H. CHRISTENSEN CANDACE N. FISHER GREGORY S. HICKERSON KRISTOPHER P. CHRISTL BRENDAN D. FITZGERALD DANIEL A. HILL JOSHUA T. CHRISTY HERBERT H. FLATHER JOHN P. HILL THOMAS R. CHURCH WILLIAM M. FLATHER JOSHUA L. HILL DANIEL J. CICCARELLI TOBIN C. FLINN TIMOTHY R. HINES SCOTT D. CLARE RUFINO B. FLORES JOHN P. HINTZ JOSEPH A. CLARK HERIBERTO FLORES-SANCHEZ JOHN F. HLAVATY LEWIS CLARK II JEFFREY H. FOISY DANIEL G. HODERMARSKY CHARLES W. CLAYPOOL BENJAMIN H. FOLLANSBEE MATTHEW A. HODGES ADAM C. CMEREK MATTHEW E. FONTAINE CHAD E. HODKINS CHRISTOPHER L. COATES JACQUE L. FONTENOT CORY L. HOEKSEMA GREGORY W. COATS JEROME L. FORD III ANDREW J. HOEPRICH MICHAEL D. COLBURN CHRISTOPHER D. FOREMAN SEAN P. HOEY JOHN T. COLLINS BRIAN G. FORESTER BRUCE L. HOFFMAN, JR. ARIS J. COMEAUX LANCE J. FOUNTAIN TIMOTHY D. HOGAN CHARLES W. COMFORT, JR. MATTHEW M. FOX BRIAN C. HOLLIEN BRANDON J. COOK NICK S. FRANCOIS OTHA J. HOLMES KENNETH D. A. COOK ANTHONY E. FREUDE DOUGLAS N. HOLT MICHAEL D. COOKEY JOHNNY R. FRY TIMOTHY E. HORNIK ASHA S. COOPER WALTER FUATA CLIFFORD T. HOWARD JAMES A. COPP JEREMIAH L. FURNIA ANTHONY T. HOWELL BRIAN L. CORBIN BRIAN K. GADDIS BRODIE K. HOYER JAMES P. CORBIN RYAN J. GAINEY RONALD J. HUDAK WILLIAM B. CORDELL DONALD F. GALSTER KATHERINE F. HUET AVON D. CORNELIUS II BRETT A. GAMBACORTA ALBERT J. HUGHES JAMES L. COVINGTON CHRISTOPHER R. GAMSTON GRAHAM D. HUGHES WARRICK G. CRAIG COLIN J. GANDY JASON E. HULSEY JOHN D. CRAVEN ASHLEY R. GARDINER MICHAEL B. HULTQUIST KEVIN E. CRONIN THOMAS N. GARNER JOSHUA A. HUNTER JACOB M. CROSS WILLIAM C. GARRISON DANIEL E. HURD RONALD S. CROWTHER THOMAS M. GARVEY MICHAEL T. HUTCHINSON DAVID M. CULVER MARK J. GEISLER II SHAWN P. HUTSON RUSSELL O. CUMMINGS TRENT D. GEISLER AMY N. HUTTER WILLIAM T. CUNNINGHAM BERNARD F. GERDING RUDDIE E. IBANEZ MATTHEW E. CURL CHRISTOPHER C. GETTER NKECHI P. IHEME EDWARD M. CUSTER CRAIG A. GIANCATERINO DAVID M. IKE ROBERT C. CUTHBERTSON CALVIN D. GIBSON CHRISTIAN D. INCREMONA PAUL A. CUTTS CHRISTOPHER W. GIDEON JOSEPH R. INGE, JR. WADE M. CZAJKOWSKI FREDERICK B. GILES EARL INGRAM III MICHAEL G. DABBS KRISTOPHER T. GILLETT STEPHEN H. IRVING KEVIN E. DAGON IAN M. GINTY TREVIS C. ISENBERG JENNIFER A. DAHL ALEX L. GLADE MICHAEL T. ISHIDA TODD A. DANA JARRAD D. GLASENAPP CHRISTOPHER A. IZQUIERDO CLAY E. DANIELS PAUL D. GODSON BRANDON C. JACKSON MORISSE L. DANIELS, SR. JONATHAN B. GODWIN MARK A. JACKSON NICHOLAS S. DAUGHERTY DANIEL A. GOMEZ VINCENT L. JACKSON STEVEN C. DAVIES TAMARA S. GONZALES KEVIN P. JAMES DAMASIO DAVILA KYLE E. GOODRIDGE MATTHEW L. JAMISON ANDREW L. DAVIS II JUSTIN B. GORKOWSKI LYNDA JEAN MARVIN D. DAVIS CHAD M. GOSNEY TAWANDA S. JENKINS NANSHANTA B. DAVIS TAYA C. GRACE ERIC L. JENSEN NATHANIEL M. DAVIS NICHOLAS P. GRAHAM GRANT E. JERRY MATTHEW J. DAY JOHN D. GRANLUND ANDREW C. JOHANNES CASEY A. DEAN GEORGINA M. GRANVILLE JOHN K. JOHANNES TODD A. DECA WILLIAM C. GRAVES COLIN M. JOHNSON TIMOTHY J. DECKER II CHRISTOPHER M. GREEN ELSA L. JOHNSON TIMOTHY W. DECKER EMILY W. GREEN JENNIFER L. JOHNSTON RENE M. DELAFUENTE GREGORY S. GREEN LONNI I. JOHNSTON DUSTIN E. DELCOURE RYAN M. GREENAWALT MARK R. JOHNSTONE PAUL N. DELEON ROBERT H. GREGORY CHAD L. JONES HENSON DELTANG MICHAEL A. GRETZ DAVID R. JONES PHILIP A. DEMME SIMON P. GRIMM GREGORY E. JONES CHRISTOPHER DENATALE DENNIS A. GRINDE JASON S. JONES JONPAUL E. DEPREO JASON M. GRUBB RICHARD M. JONES MICHAEL G. DESTEFANO EDMUND A. GUY RUSSELL A. JONES SCOTT C. DEWITT LUIS O. GUZMAN SCOTT C. JONES JAMIE D. DOBSON TIMOTHY A. HAEBERLE NATHANAEL E. JOSLYN KEVIN S. DODSON CHARLES W. HALL TARA A. KAISER MICHAEL G. DOLAN HEATHER M. HALL JACOB M. KALDOR JEFFREY M. DONALDSON BRANDON R. HAMILTON DANIEL M. KANE DANIEL B. DOWNS BRENT A. HAMILTON KEVIN P. KANE DERRICK G. DRAPER BRIAN M. HAMILTON JOHN A. KARCHER DERRICK S. DRAPER MICHAEL A. HAMILTON ERIK W. KARSTENSEN MATTHIAS W. DREHER JOSEPH L. HANDKE KEITH C. KATZENBERGER DENNY D. DRESCH BRADLEY D. HANSELL CHRISTINE L. KAY RAYMOND E. DRESCH BRYCE N. HANSEN MICHAEL R. KAY TIMOTHY J. DRISCOLL JASON R. HANSON LORI A. KEENER DEREK G. DROUIN JASON M. HARLAN GRACE K. KELLY ANTHONY G. DUNAT ROBERT B. HARLESS RYAN M. KELLY FRANK R. DUVERGER III CHAD E. HARMON WILLIAM E. KEMERLING PAILY EAPEN JASON L. HARMON JULIAN T. KEMPER TROY D. ECK ANDREW J. HARRIS EMIL J. KESSELRING HAROLD G. EDDY TIMOTHY R. HARRIS CHRISTOPHER P. KIDDER CHRISTOPHER R. EIDMAN MICHAEL D. HARRISON MICHEAL D. KIESER DEREK J. ELDER JASON K. HART EDWARD M. KIM LINDSEY M. ELDER JASON A. HARTLEY EDWIN T. KIM GREGORY R. ELDRIDGE JUSTIN E. HAWTHORNE SAMUEL KIM DAVID M. ELLIOTT DANIEL R. HAYES DAVID B. KIMSEY RICHARD S. ELLIOTT GREGORY H. HAYES AARON B. KING TRAVIS W. ELOLF PAUL C. HAYNSWORTH ROBERT M. KINNEY JORDAN D. ENGER ROBERT R. HAYWARD DANIEL J. KINSELLA MICHAEL J. ENGLUND ROBERT D. HEFFNER KYLE W. KIRBY ALAN J. ENKE WILLIAM S. HEFRON SHARON K. KIRCHER VINCENT P. ENRIQUEZ JESSICA F. HEGENBART ANDREW M. KLIPPEL DEREK E. ENSLOW PADRAIC T. HEILIGER JARROD K. KNOWLDEN ANDREW S. EVANS GLENMORE HEILMAN RICHARD L. KNOX PHILLIP J. EWELL MATTHEW J. HEIMERLE RICHARD P. KOCH CASSANDRA V. FACCIPONTI ANTHONY F. HEISLER JARED K. KOELLING ANTHONY B. FALCON MATTHEW D. HEITZ SCOTT W. KOHRS BRYAN G. FANNING RICK B. HELTON JOSEPH A. KOPCHA KITE S. FAULKNER STEVEN M. HEMMANN JUSTIN R. KOPER SCOTT T. FEATHERS DAVID D. HENDERSON DAVID L. KORMAN TROY A. FELTIS BRAD R. HENRY RYAN C. KORTZE JEFFREY S. FERGUSON PHILIP G. HENSEL MICHAEL A. KRAYER JERALD M. FERGUSON MICHAEL J. HERBEK JERALD H. KUBICEK VASHON W. FERGUSON GUY E. HERR ERIC M. KUENKE ENNIS C. FERRELL ROBERTO HERRERA KLINT E. KUHLMAN

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BRIAN A. KUNIHIRO BRIAN M. MERKL KRISTOPHER S. PERRIN DANIEL D. LABAR JOEL J. MESA VALENTE I. PERRY JOHNATHAN B. LADSON JOSEPH R. MICKLEY ZACHARY J. PETERSON THOMAS A. LAINIS MICHAEL D. MIDDLETON URBAN M. PICARD JOHN M. LANCASTER, JR. ERICKA M. MIER WESLEY P. PIERCE II JOHN J. LANDERS RONALD D. MILDREN JOE C. PIMENTEL WILLIAM F. LANEY NATHAN P. MILES LUKE A. PLESSINGER SETH E. LANGSTON BRADLEY C. MILLER MORGAN C. PLUMMER RYAN M. LAUGHNA JOSEPH J. MILLER MICHAEL J. POCHE DANIEL M. LAVOIE JOSEPH L. MILLER GREGORY R. POLK ORRETT D. O. LAWRENCE TRENT D. MILLER JAMES B. POLK ASHLEY B. LEA COURTNEY R. MILLS SHAWN P. POLONKEY DANIEL R. LEARD KRISTOFFER T. MILLS JOHN A. POORE GENNELLE J. LEE MATTHEW T. MINNICK STONEY L. PORTIS STEPHEN C. LEE TIMOTHY MITCHELL MICHAEL A. POWELL YONG J. LEE ROBERT K. MOCABEE MITCHELL C. POWELL SCOTT W. LEIFKER CHARLES A. MOFFIT GORDON E. POWERS CHRISTOPHER M. LEINBACH SEBASTIAN MONTAGNE JOSHUA D. POWERS JOHN D. LEITNER BRIAN A. MONTGOMERY TYRONE B. POWERS MICHAEL LEIVA SCOTT R. MONTOYA JASON E. POYSER MARK S. LEMANSKI BILLY A. MOODY NEIL S. PRAKASH TIMOTHY J. LEONE MATHEW W. MOORE THOMAS F. PRATT EDWARD B. LESCHER NIKOLAI J. MOORE RICHARD T. PRESLEY CHRISTOPHER A. LEVESQUE CHARLES MOORES JOSEPH L. PRESUTTO ISAAC E. LEWELLEN BRIAN M. MORAN TIMOTHY A. PRICE ANDREW R. LEWIS MARK C. MORETTI WILLIAM M. PRIDDIS CHARLES D. LEWIS DAVID S. MORGAN JEREMY D. PRINCE LAWRENCE J. LEWIS JOHN T. MORGAN III JUSTIN M. PRITCHARD RANDY L. LEWIS GEORGE M. J. MORRIS JUSTIN B. PULLEN DANIEL W. LICHLYTER KATHERINE J. MORRIS JOSHUA A. PUSILLO JOSEPH M. LILLY AARON E. MORRISON JASON W. PUTTEET DOUGLAS T. LINDSAY MATTHEW J. MOUSSEAU MAURO QUEVEDO, JR. ERIC V. LIVENGOOD CHRISTOPHER W. MUELLER DANIEL K. QUINN MICHAEL E. LOCONSOLO STEVEN D. MUELLER JOSEPH M. QUINN ETHAN LOEFFERT JEREMY A. MULLER GEORGE T. RABB PATRICK J. LONG JUSTIN V. MULLINS STEVEN M. RACHAMIM CHRIS J. LOPEZ DAVID MUN JASON D. RATHBUN SCOTT D. LORENZEN JONATHAN D. MURDOCK JOHN P. J. RAUH NICHOLAS W. LOUDON JONATHAN W. MURPHY MATTHEW G. RAWLINGS MICHAEL R. LOUER PATRICK M. MURPHY NICHOLAS J. RAYES GRADY D. LOWE JASON A. MURRAY NATHAN E. RAYMOND DAVID M. LUCAS DAVID R. MYERS JOSEPH A. REAGAN STEPHEN M. LUCAS MARCUS T. MYERS ROBERT S. REECE BENJAMIN J. LUKOMSKI TARAN G. MYRICK MICHAEL J. REED RUDI H. LUSA JONATHAN C. NADLER MARCUS D. REEDER WILLIAM L. LYCKMAN BENJAMIN J. NAGY DEREK M. REEVES MICHAEL K. LYNCH ROBERT W. NAHABEDIAN JOHN D. REID PATRICK MACRI RAUB E. NASH MICHAEL J. REPASKY ULYSSES U. MAFNAS CULLY D. NEAL REBECCA L. RESENDES JOHN F. MAGLIOCCA MICHAEL E. NEAL RICHARD D. REVEL DENNIS J. MAHER RUSTIN H. NECESSARY JOSE A. REYES TARA A. MAHONEY CHAD M. NEIBERT BRYAN H. RHEE BRIAN E. MAJOR ERIC NELSON ANDREW M. RHODES HEATH M. MAJOR JUSTIN J. NELSON JOHN R. RHODES DYLAN W. MALCOMB MATTHEW K. NELSON GEORGE R. RIGGIN ANGEL L. MALDONADO THOMAS M. NELSON MICHAEL J. RIGNEY JAMES R. MALLICOAT MARK T. NEWDIGATE JACOB J. RING JASON A. MANGIARACINA BILL T. NGUYEN BENJAMIN R. RITTER SCOTT B. MANSON BENJAMIN P. NICHOLAS CRISTIAN A. ROBBINS BRIAN J. MARCOTTE JARED W. NICHOLS JOSHUA D. ROBERTS BRETT A. MARDIS JUAN NIEVES-LOZADA JASON P. ROCKS DUSTIN E. MARLETT ANDREW D. NILSON ELPIDIO RODRIGUEZ ANTHONY E. MARQUEZ PATTON C. NIX ROBERT R. RODRIGUEZ DALE F. MARROU TIMOTHY E. NIX DAVID F. ROMAN ANDREW W. MARSH KEVIN M. NOGLE ADAM T. ROPELEWSKI ANTHONY L. MARSTON SEAN K. NOLAN JACOB E. ROPER ANTOINE W. MARTIN JERAMY R. NORLAND MARK V. ROSS JONAH J. MARTIN EMILY A. NORTON SCOTT W. ROST PHILIP S. MARTIN ALEKSANDAR G. NULL JEFFREY W. ROTTENBERG TIMOTHY E. MARTIN CHARITY S. ODELL CHARLES O. ROUZER GABRIEL I. MARTINEZ ANTOINE D. OLIVER BRENDAN D. ROWE JOSEPH A. MARTINEZ WILLIAM S. OLIVER GREGORY S. ROYSE ARI M. MARTYN LASHUNDRA N. OLLIE MARKO N. RUBICH ERIK D. MASICK MICHAEL S. OMODT JOHN P. RUDIO ANDREW S. MASON WILLIAM R. ORKINS BRADLEY D. RUDY RAYMOND A. MASZAROSE JOSEPH E. ORR, JR. PAUL H. RUOPP III BRIAN MATHISON DAVID J. ORZECH LAMONTE C. RUSSELL JOHN D. MATSINGER ADRIAN B. OUTLAW JOSEPH M. SAHL YLLAN P. MAXWELL ISMAEL OVALLE ERIK B. SALUS JOSHUA B. MAY LUCAS H. OVERSTREET ALEXANDER D. SAMMS DANIEL P. MAYEDA JONATHON T. PALUMBO JACK E. SAMPLES AMANDA C. MCCARTHY DAVID M. PANIAN IREKA R. SANDERS DIANNE V. MCCARTHY JEREMY L. PANKRATZ RAUL SANDOVAL JOSHUA S. MCCARTY ANTHONY B. PANKUCH SHANE T. SANDRETTO MATTHEW D. MCCARTY DEREK R. PARK YAJAIRA SANTIAGO BRIAN C. MCCLAIN EIJOON PARK ROBERTO SANTIAGO-MARTINEZ ANDREW L. MCCOLLUM JAIME L. PARKER BRIAN T. SCHAPKER DAN J. MCCONNELL AARON G. PARKS AARON M. SCHEER MARK B. MCCOOL MICHAEL A. PARKS GERRITT S. SCHELLIN NATHAN E. MCCORMACK VINCENT P. PARTICINI KEVIN P. SCHIEMAN CASEY S. MCCOTTER ADAM L. PATTEN PIETER C. SCHLEIDER ADAM S. MCCOY CHARLES W. PATTERSON RYAN J. SCHLOESSER DAVID S. MCCUNE PATTRIC R. PATTERSON JONATHAN M. SCHLOICKA MATTHEW D. MCDONALD SHAWN R. PATTON JOSHUA L. SCHNEIDER KURT J. MCDOWELL ADAM H. PAXTON ROSS J. SCHUCHARD BRENDAN J. MCEVOY JOHN G. PAXTON RANDY M. SCHULTZ SEAN L. MCEWEN BRIAN C. PAYNE JEREMY R. SCHUNKE DAVID C. MCKELVIN SCOTT M. PAYNE AARON T. SCHWENGLER STEPHEN R. MCKINNEY STEVEN F. PAYNE ALLIE M. B. SCOTT JAMES K. MCKITTRICK SAM M. PEARSON III JEREMY D. SCOTT MICHAEL J. MCMORRIS DANIEL J. PECHA DAVID M. SEAY PAUL M. MCNAMARA ALEXANDRO N. PEDRAZA NICHOLAS S. SEIDEL ODELLE J. MEANS STUART H. PEEBLES PETER W. SEILS WAYNE P. MECKLEY JAMES B. PENCE DANIEL W. SELKE OTTY H. MEDINA JOHN R. PENDON DAVID SEMIDEY BRETT M. MEDSKER WOODROW D. PENGELLY NICHOLAS J. SERRE MARTIN J. MEINERS HEATH D. PENGILLY ANDREW F. SHAFFER MEGAN C. MEINHOLZ GLENN B. PENNER PAUL R. SHEPARD BRIAN J. MEISTER NEIL E. PENTTILA CHRISTOPHER J. SHEPHERD RICHARD M. MENDENHALL CHRISTOPHER R. PENWARDEN JOSHUA M. SHERER JOSE A. MENDEZ CARLOS M. PEREZ JASON M. SHICK KEVIN A. MERITHEW JOHN A. PERNASELLI TERRIE W. SHIN

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GREGORY P. SHIPPER MICHAEL J. TAYLOR KEVIN G. WERRY, JR. DANIEL K. SHIRES PATRICK J. TAYLOR JOSHUA WEST JASON T. SHUFF EMILIANO TELLADO TARA K. WEST JEREMY D. SHUTE JAMES D. TEMPLIN BRIAN J. WHITE ERIC SIBLEY DAVID L. TERVIN KEVIN C. WHITE WILLIAM T. SIMPSON, JR. JASON G. THOMAS THOMAS L. WHITEHOUSE SAMUEL E. SINCLAIR PATRICK M. THOMAS JOHN D. WHITING PAUL D. SIPE JAMES L. THOMASSON BRYAN J. WHITMER DENNIS M. SKELTON ROBERT L. THOMSON SHANE A. WHITTEN SEAN R. SKRMETTA MICHAEL A. THURMAN KIPPEN B. WICKWIRE, JR. ERIC S. SLATER ANDREW R. TILL GAGE L. WIENTJES LUCAS D. SLINKER STEVEN W. TIPA ROBERT J. WILEY AMANDA L. SLUGA JOHN B. TIPPETT III ANTHONY I. WILLIAMS GREGORY C. SMEDLEY MATTHEW W. TODD DANIEL M. WILLIAMS SCOTT M. SMILEY MARK D. TOMOLA DENNIS R. WILLIAMS AUDREY J. SMITH TODD M. TOMPKINS FREDERICK D. WILLIAMS DWIGHT O. SMITH JUSTIN R. TOOLE CHRISTOPHER A. WILSON JENNIFER L. SMITH SANTINO M. TORRES ROBERT G. WILSON KEVIN G. SMITH DANIEL F. TOWER JASON A. WINKELMANN MARY M. SMITH DARREN C. TOWER JOHN H. WITHERS RYAN L. SMITH ANTHONY D. TOWNSEND MARCUS P. WONG MARK S. SNOWBARGER, JR. CHRISTOPHER B. TREUTING BONNIE L. WOOD ROBERT C. SNYDER III TAD T. TSUNEYOSHI BRITTANY Y. WOODS JOSEPH S. SOKOL JAKE L. TURNER MATTHEW P. WOOLSEY DOUGLAS R. SOLAN JAMES M. UPSON JOHN J. WORLAND ERIC Y. SOLER COLIN E. VANCE JEFFREY S. WRIGHT BRENNAN M. SPEAKES ROBIN W. VANDEUSEN TIMOTHY C. WYCOFF ALLEN W. SPENCE PETER C. VANGJEL ANDREW K. YANG DAVID E. SPENCER IAN S. VANGORDEN DERRICK A. YOHE ANDREW J. SPRING SHAWN J. VANTASSELL CHAD A. YOUNG JEAN L. SPRINGER JOSEPH P. VANTY PETER J. YOUNG NATHAN A. STAHL JASON S. VELASCO MICHAEL E. ZIEGELHOFER DAVID J. STALKER ARTHUR VERESS MATTHEW D. ZIOBRO WILLIAM S. STCLERGY STEVEN A. VEVES BRIAN J. STEENO JONATHAN A. VILLASENOR BENJAMIN W. STEGMANN THOMAS C. VISEL IN THE NAVY RAYMOND L. STELKER JEREMY B. VOGEL THE FOLLOWING NAMED OFFICER FOR REGULAR AP- PAUL A. STELZER PATRICK D. VOGT POINTMENT IN THE GRADE INDICATED IN THE UNITED DARRELL V. STEPTER KEVIN R. WADDELL STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: ZACHARY D. STERRETT DANIEL R. WAGNER LARRY STEWARD WINDY R. WALDREP To be lieutenant commander WARREN B. STEWART ELIZABETH N. WALGREN ADAM M. STINE CHARLES E. WALKER ASHLEY A. HOCKYCKO MICHAEL R. STOCK CHARLES R. WALKER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS R. STOCKTON DANIEL J. WALKER TO THE GRADE INDICATED IN THE UNITED STATES NAVY BOB J. STONE JEFFREY P. WALKER UNDER TITLE 10, U.S.C., SECTION 624: CHRISTIAN L. STONE WAYNE J. WALKER MATTHEW W. STPIERRE WILLIAM L. WALKER To be commander MATTHEW A. STRAND JOHN P. WANJA JASON A. LANGHAM MICHAEL A. STREETER GARY WARD JOSHUA M. STURGILL KENNETH A. WARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK J. SULLIVAN KEVIN M. WARD TO THE GRADE INDICATED IN THE UNITED STATES NAVY SEAN M. SUMMERS LLOYD E. WARREN UNDER TITLE 10, U.S.C., SECTION 624: JASON M. SUMNER CHRISTOPHER L. WATKINS DANIEL D. SUNDBERG RICHARD A. WATKINS To be commander SCOTT A. SWAIDNER RICHARD M. WATT WILL J. CHAMBERS MATTHEW T. SWAIN JAMES F. WATTS JUSTIN J. SWANSON JASON R. WEBB THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DANIEL K. SYMONDS ROBERT D. WEBB MENT TO THE GRADE INDICATED IN THE REGULAR NAVY BENJAMIN M. SYMONETTE STEVEN J. WEBER UNDER TITLE 10, U.S.C., SECTION 531: PATRICK B. TABIN LAURA R. WEIMER To be lieutenant commander TRAVIS W. TALLMAN ALEXANDRA E. WEISKOPF AARON M. TAPALMAN MICHAEL J. WEISMAN PATRICK J. FOX, JR. ROBERT A. TARR KEVIN E. WELBORN RUOHONG LIU BARTON L. TATE JOSEPH Z. WELLS JOEL B. SOLOMON DANIELLE C. TAYLOR WADE W. WELSH LESLIE H. TRIPPE

VerDate Sep 11 2014 11:21 May 11, 2018 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S21MR2.REC S21MR2 ejoyner on DSK30MW082PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3837 HOUSE OF REPRESENTATIVES—Wednesday, March 21, 2012

The House met at 10 a.m. and was water. This week, 3 million students JOSEPH KONY AND THE LORD’S called to order by the Speaker pro tem- will miss school because they lack ac- RESISTANCE ARMY pore (Mrs. ELLMERS). cess to clean water or sanitation. In- The SPEAKER pro tempore. The f deed, half the people who are sick Chair recognizes the gentlewoman from around the world today are sick need- Florida (Ms. ROS-LEHTINEN) for 5 min- DESIGNATION OF SPEAKER PRO lessly from waterborne disease. utes. TEMPORE There is a vision, there is a knowl- Ms. ROS-LEHTINEN. Madam Speak- The SPEAKER pro tempore laid be- edge to do something about it, but, er, I would like to begin my remarks fore the House the following commu- sadly, we don’t have the resources, and by commending all the citizens and nication from the Speaker: we actually don’t have the plan. The young students in my congressional United States does not only have an WASHINGTON, DC, district and, indeed, throughout the March 21, 2012. obligation to do the right thing and country who have worked so hard to I hereby appoint the Honorable RENEE L. save lives, but it’s also in our self-in- raise awareness about Joseph Kony and ELLMERS to act as Speaker pro tempore on terest to provide access to safe water. his brutal crimes. As we can see in this this day. United States security experts testi- poster, there’s Kony, and these are just JOHN A. BOEHNER, fied before this Congress that water a few of the photos of so many inno- Speaker of the House of Representatives. problems will contribute to the insta- cents who have been mutilated by f bility in states important to United Kony and his thugs. States national security interests. Joseph Kony is a mass murderer, MORNING-HOUR DEBATE With all the problems the world whose campaign of violence against in- The SPEAKER pro tempore. Pursu- faces, Congress needs to prioritize pro- nocent civilians spans decades. The ant to the order of the House of Janu- grams that deliver the highest return predatory forces doing his bidding are ary 17, 2012, the Chair will now recog- on investment with substantial multi- known as the Lord’s Resistance Army, nize Members from lists submitted by plier effects. And when it comes to for- or LRA, and they have perpetrated the majority and minority leaders for eign assistance, increasing access to some of the worst human rights abuses morning-hour debate. clean water is perhaps the most effec- of our time. The Chair will alternate recognition tive use of taxpayer dollars. The World Under the direction of Kony, the between the parties, with each party Health Organization estimates that up LRA has murdered, raped, mutilated, limited to 1 hour and each Member to $34 is saved for every dollar in- and abducted tens of thousands of inno- other than the majority and minority vested, saved from health care costs cent people, many of whom are chil- leaders and the minority whip limited and resulting in increased economic dren. They target remote villages, to 5 minutes each, but in no event shall productivity. butchering civilians, abducting women Indeed, it affects other efforts of our debate continue beyond 11:50 a.m. and children to serve as sex slaves and aid. We’re involved with trying to fighters. Kony’s bloody reach now ex- f eradicate diseases like HIV/AIDS and tends to the Democratic Republic of WORLD WATER DAY tuberculosis, but taking the medicine the Congo, the Central African Repub- with dirty water compounds the prob- The SPEAKER pro tempore. The lic, and the newly formed Republic of lems in terms of diarrheal diseases that South Sudan. Chair recognizes the gentleman from result from that dirty water. One measure that we could accom- Oregon (Mr. BLUMENAUER) for 5 min- Madam Speaker, since we’ve passed plish would be for the U.N. peace- utes. the Water for the World legislation 7 keeping missions in the region to more Mr. BLUMENAUER. Madam Speaker, years ago, where Chairman of the For- effectively coordinate their actions and for many, tomorrow is just an ordinary eign Relations Committee Henry Hyde, share information related to Kony and Thursday, like any other day. But for Senator REID, and Senator Frist were the LRA, because this is a threat that hundreds of millions of people who lack my partners, we’ve increased our lead- crosses many international borders. access to clean water and billions who ership globally. We owe a debt of grati- I’d like to thank my colleague, Con- lack access to adequate sanitation, this tude to Secretary Clinton, who has gressman ED ROYCE, for introducing a ordinary Thursday is part of the daily made water a cornerstone of her work new bill, H.R. 4077, which I proudly sup- struggle. while at the helm of the State Depart- port. H.R. 4077 would authorize the Sec- But this Thursday is World Water ment. But we do need to do more; and retary of State to use the State De- Day, where those of us fortunate one simple step, an area where we find partment’s Rewards Program to gain enough to live in developed countries broad bipartisan support, is the Water intelligence and strengthen the capac- are encouraged to reflect on just how for the World Act that is cosponsored ity of those who are actively engaged fundamental freshwater is to our with my friend and colleague from in fighting transnational organized health, our children’s well-being, and Texas (Mr. POE). crime and also apply it to the search how much we take for granted. We’ve This legislation strengthens the ca- for Kony and the LRA. never had to try to work that hard to pacity of USAID and the State Depart- This program has served as a valu- find drinking water. We don’t have to ment, increases aid effectiveness, able incentive for those with crucial choose between drinking dirty water transparency, accountability for sani- information to come forward and help and going thirsty. For many of us, tation water and hygiene, and it has no round up foreign nationals wanted for a freshwater is so safe, abundant, it’s net cost, according to the CBO. range of brutal crimes and activities hard to even imagine life without it. I strongly urge my colleagues to co- that threaten regional and global secu- But on this World Water Day, we sponsor this legislation and hope that rity and stability and U.S. national se- should reflect that every 20 seconds a we can move it forward in this Con- curity interests. It will be an impor- child dies needlessly from waterborne gress, as there has been movement in tant tool in helping bring Kony and his disease. Today, and every day, women the Senate. Millions of lives will be circle of thugs, the Lord’s Resistance will spend 200 million hours collecting transformed. Army, to justice.

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

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3838 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 I’d also like to thank Congressman Mississippi State and Alamo Heights Maybe Mitt Romney thinks he’s just JIM MCGOVERN for introducing House have apologized for the taunts. That’s saying what he needs to say to get the Resolution 583, of which I am also a an important step in the right direc- Republican nomination, and maybe proud cosponsor. Mr. MCGOVERN’s reso- tion. That’s not the issue. The issue is some elected officials think their ex- lution echoes current law and puts the why people think it’s okay to treat treme rhetoric doesn’t really carry House on record in strong support of Latinos as if they are second-rate outside the Halls of Congress. But U.S. efforts to counter the Lord’s Re- Americans, why so many people think America knows better. So does a group sistance Army. It urges the President being Latino means being a suspect in of Kansas State basketball players and to work closely with Congress to ad- our own country, why they look at a a group of good kids from San Antonio, dress critical gaps in U.S. strategy and young man named Rodriguez and think Texas. They know that words matter to enhance U.S. support for the re- he doesn’t belong in this country. It’s very much. gional measures already there to fight because misguided kids taunting Here’s my advice to the Romneys and the Lord’s Resistance Army. Latinos is not really the disease. It’s the Buchanans of the world and a few As we have seen over the past 25 the symptom. of my colleagues here in the House: In- years, Kony’s assault on innocent lives The heart of the sickness is more stead of bullies, why don’t you be lead- has no limits. Now is the time to help troubling. The truth is, when it comes ers? And why don’t you try some words bring Joseph Kony and his fellow to Latinos and immigrants, far too that bring people together instead of criminals to justice. As a Nation, let us many so-called leaders in our Nation insults that tear our Nation apart. assure that we have done all that we are starting the taunts. f can to end this ongoing tragedy and On the campaign trail and on talk A THREAT TO OUR HEALTH CARE hold this evil man accountable for all radio and on TV, and even here in this of his crimes. Chamber, there are leaders that act The SPEAKER pro tempore. The I thank all of the young people like the biggest bullies in the school- Chair recognizes the gentleman from throughout my district who have com- yard. If elected officials have no bound- Michigan (Mr. WALBERG) for 5 minutes. municated through Twitter and aries when it comes to scapegoating Mr. WALBERG. Madam Speaker, this Facebook and different modes of social and demonizing immigrants and Friday, March 23, marks the second an- media to express their outrage over Latinos, then why should young people niversary of President Obama’s health Kony’s evil deeds; but now, let’s take at a basketball game know any better? care law after 2 years. It’s clear the law action. Let’s pass these bills. Why does an American, a Puerto Rican has already left more victims in its citizen basketball player, get taunted path than people it was meant to help. f about a green card? And unfortunately, along with the 20 b 1010 It’s easier to understand when you million employees who will probably hear the frontrunner for the Repub- lose employer-sponsored health care, it BRING PEOPLE TOGETHER lican nomination of President pro- may be our seniors who take the hard- The SPEAKER pro tempore. The moting a national immigration policy est hit. Chair recognizes the gentleman from that makes all Latinos look like sus- Millions of seniors and disabled Illinois (Mr. GUTIERREZ) for 5 minutes. pects and all immigrants look like Americans rely on Medicare, yet the Mr. GUTIERREZ. Last Thursday, a criminals. program is in danger. According to the different kind of March madness took Mitt Romney has said that Arizona’s Centers for Medicare and Medicaid place in the NCAA basketball tour- anti-immigrant law—a law that essen- Services, with the baby boomer genera- nament. In a game between Kansas tially demands racial profiling of any- tion about to retire, if nothing is done State and Mississippi State, Angel one who looks like they might be un- to the program, the program will be Rodriguez, a Puerto Rican point guard documented—is a model for our Nation. bankrupt in 10 years. for Kansas State, was met with taunts But that’s not all Mitt Romney has Instead of making Medicare stronger from Mississippi State students while said to American Latinos. He has said through transparent and responsible he was getting ready to shoot a free all 11 million immigrants, most of reform, the President has decided to throw. The taunt: ‘‘Where’s your green them Latinos, should self-deport, even cut more than $500 billion from the card?’’ if they’ve lived here since they were program, money which will then be That wasn’t the only March madness. children and have American citizen used to fund his new health care law. Earlier this month in San Antonio, families. If taking nearly half a trillion dollars Texas, a white high school in San An- Mitt Romney has even gone as far to from the already crippled program tonio chanted during the regional bas- attack the first Latino Supreme Court weren’t bad enough, the President has ketball championship trophy presen- justice. He believes that Justice handpicked a special panel to slash tation. Their chant: ‘‘USA, USA, Sotomayor is unqualified to serve on away at the program even more. He USA.’’ Why did they chant USA? Be- the Supreme Court. He’s proud of the knows our country is facing a budget cause their team had defeated San An- support of anti-immigrant extremists, shortfall. Instead of implementing re- tonio’s Thomas Edison High School, a including the author of Arizona’s anti- sponsible and transparent reforms, the team of mostly Latino players. immigrant law. He has attacked the President wants to take away benefits One U.S. citizen asked to produce his DREAM Act, a perfectly reasonable from Medicare recipients to fund his green card, one entire team of Ameri- bill. And Mitt Romney is hardly a lone agenda for new entitlements. cans taunted as if they were foreigners. voice. It is sad. The panel, known as the Independent These young people, subjected to ha- One Member of this House said he Payment Advisory Board, or IPAB, is a tred and bigotry, handled it well. would be for any measure to stop ille- group of unelected and unaccountable Angel Rodriguez ignored the taunts gal immigrants ‘‘short of shooting bureaucrats who will essentially be and played a great game. If he hadn’t them.’’ Even hanging them? gassing given power to ration care and even been busy helping Kansas State win them? One other colleague of ours here deny seniors lifesaving treatments. Its the game, he might have mentioned to called undocumented immigration a members are not required to hold pub- everybody that he was from Miami or slow-rolling, slow-motion terrorist at- lic hearings or disclose their meetings. that all Puerto Ricans are citizens of tack on the United States. Their salaries will be paid directly out the United States. Pat Buchanan wrote a book entitled of trust funds used to pay Medicare I’m impressed that the kids from ‘‘State of Emergency: The Third World beneficiaries’ health care claims. Thomas Edison High School kept their Invasion and Conquest of America.’’ Worse yet, doctors and patients can cool. They deserve our praise not only Folks like Buchanan and Limbaugh not challenge the IPAB’s decision in for being good basketball players, but regularly use words like ‘‘hordes’’ and court. Without a three-fifths majority just for being great kids. ‘‘swarms’’ to describe immigrants. in both Chambers, Congress has no

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She continued to run in the race and known for its low reimbursement rates. to WSB Television and Cox Enterprises volunteer for the organization until the year Physicians receive about 20 percent management for making that critical she herself was diagnosed with breast cancer. less from Medicare than private health decision at that important time in the Her reaction to this cancer is a story that truly plans, forcing many to stop accepting history of the United States. Because touched my heart. A very religious woman, patients just to stay in business. Sen- of her talent, because of her hard work, Monica did not let fear cripple her—instead iors will be left with fewer options, and we in the Congress of the United States she left everything to God. She prayed, ‘‘Thy they may even be told they can no recognize with high distinction an out- will be done, O Lord, not mine.’’ ‘‘If you are longer see their own doctors. standing American: Monica Pearson, really strong in your faith, then you don’t worry That’s why, when I talk to seniors in an outstanding American. about the outcome’’, she said. The outcome is my district, they are scared of this law. Madam Speaker, Monica Pearson is a famil- obvious—Monica remains to this day a strong, They’re worried about being left with iar face to metro Atlanta’s residents, though dedicated woman. She is both an inspiration fewer options; they are worried about most know her by her former name—Monica and a role model. Monica will be retiring in not being able to see their own doctors; Kaufman. For the past 37 years, Monica has July, but I know her character, personality and and they are worried about the govern- anchored WSB–TV’s Channel 2 Action News. spirit will not let her keep still. I wish her the ment cutting even more from the pro- The character and amount of trust she has very best in her future endeavors, and may we gram. It’s not just in my district where built as Channel 2’s nightly newscaster is continue to hear of her excellent work for her this concern is prevalent. According to laudable, but perhaps more important are the community. God Bless. a recent nationwide poll, 60 percent of barriers she broke as she developed that rep- f our Nation’s seniors have an unfavor- utation. Born and brought up in the Civil able view of the law. Rights era, Monica became not only the first b 1020 Access to quality care for seniors African-American, but also the first woman to IN RECOGNITION OF MONICA should be a top priority and will re- anchor a daily evening newscast on WSB in KAUFMAN PEARSON main so with me. I believe health care 1975. decisions should be made by patients, Throughout her long career, Monica has ac- The SPEAKER pro tempore. The families, and their doctors, and not by cumulated an even longer list of awards and Chair recognizes the gentleman from bureaucrats in Washington, who are achievements. All in all, she has won thirty Georgia (Mr. GINGREY) for 5 minutes. burdening seniors and future genera- Local and Southern Regional Emmy awards. Mr. GINGREY of Georgia. Madam tions with less choice, fewer services, When she saw injustice or a story that needed Speaker, you will notice that Members and more debt. to be heard, she was there reporting on it— from Georgia on both sides of the aisle House Republicans remain com- first at the 6 pm and 11 pm segments, and have taken the opportunity this morn- mitted to strengthening and reforming later at 4 pm. Her hard-hitting investigative ing during Special Orders time to rec- Medicare to protect today’s seniors and journalism cuts at all different issues. In 1992 ognize Monica Kaufman. to make sure the program is still there she spoke out on behalf of women and girls We just heard from our colleague, for the next generation. in Georgia when she found out that the Geor- Representative DAVID SCOTT. I want to commend my friend DAVID SCOTT for f gia High School Association’s all-male execu- tive committee did not have a state-wide com- organizing this tribute on behalf of one MONICA PEARSON petition for girls’ soccer or cheerleading. She great lady. The SPEAKER pro tempore. The was awarded the Women’s Sports Journalism I rise today, as well, to recognize Chair recognizes the gentleman from Award for Local Television Reporting from the Monica Kaufman for her historic and Georgia (Mr. DAVID SCOTT) for 5 min- Women’s Sports Foundation and Miller Lite for outstanding achievements in broadcast utes. her report. journalism. Atlanta is sad to see her Mr. DAVID SCOTT of Georgia. Monica has been honored for bringing atten- resigning from WSB; but we are very, Madam Speaker, ladies and gentlemen tion to a wide range of issues—from the ‘‘HOT very proud of her. of the Congress, Monica Pearson, with FLASH! The Truth about Menopause’’ docu- For the past 37 years, she has WSB Television in Atlanta, Georgia, is mentary that won local and national awards in brought Atlanta the news, from her indeed a true pioneer and a trailblazer 1994 to the ‘‘Prejudice and Hate: Georgians coverage of the 1996 Olympics, to her in television news. She broke barriers and the Holocaust’’ documentary that lead to famous ‘‘Monica Kaufman’s Closeups’’ as an African American and as a win the Georgia Commission on the Holo- of world leaders and celebrities,’’ to her woman news anchor for WSB Tele- caust’s Humanitarian Award in 1977. Her award-winning work on issues such as vision starting in 1975. sense of civic duty, compassion and curiosity the Holocaust and domestic abuse. The year 1975 was an important turn- has distinguished her from her peers, winning As the first woman and African ing point, especially in the South. So it an Emmy Award for Best Feature Program— American news anchor in Atlanta, Ms. is very important for us to understand ‘‘Monica Kaufman Closeups’’, the National Kaufman broke both race and gender the significance of Monica often ap- Foundation for Women Legislators’ ‘‘Media Ex- barriers. She has won more than 30 pearing as a nightly anchor, as the cellence Award’’ and the Georgia Commission Southern and local Southern Regional first African American and first woman of Women’s ‘‘2004 Georgia Woman of the Emmy Awards for talent, reporting, in the South at WSB Television in 1975. Year’’. and close-up interviews. Ms. Kaufman Now, 38 years later, Monica is retiring. While devoting her life to journalism, she has already been named University of Monica Pearson brought a special has also deeply involved herself in the com- Georgia’s Broadcaster of the Year in talent, a sparkling personality, hard munity. She remains a passionate supporter of 2001 and the Georgia’s Association of work, and a high nobility of purpose the Metropolitan United Way, the organization Broadcaster of the Year in 2001 and the that appealed to everybody, to people that helped her move beyond her poor back- Georgia Association of Broadcasters of all races, and she became endeared ground to become an award-winning news- 1992 Citizens Broadcaster. to everybody from every walk of life. caster. Since then, she has served as Chair of Madam Speaker, I will always re- What a great American story is Monica Atlanta’s United Way board, the first African- member, however, one evening in July Pearson. American and only the second woman. Her 2002—it was actually November of She paved the way for other African dedication to the organization might be due in 2002—when I was first running for Con- Americans and women to become news no small part to the fact that her daughter was gress. That election night was a very,

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3840 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 very close race. It went deep in the Mr. WESTMORELAND. Madam life, Ashley, the same month as his night; and finally, at about 11 o’clock, Speaker, I come to the floor this morn- promotion. Nick spread the happiness it was news time at WSB. Sure enough, ing with great sadness and also with he found in both his marriage and life I had to go downstairs and get ready to great honor to honor the service of one through his involvement with organi- be interviewed by Monica Kaufman in of Georgia’s own, Captain Nick zations such as Alaska’s Healing regard to my race for Congress. Whitlock. On February 18, 2012, at Hearts, a nonprofit organization ena- At this point, we were behind. All Camp Lemonnier in Djibouti, Africa, bling disabled military veterans to par- counties except one had reported, and I he gave the ultimate sacrifice while re- ticipate in outdoor activities. was behind. Monica was very sweet and turning from a mission in support of Nick was serving on his fifth deploy- kind to me. She could tell that I was a Operation Enduring Freedom. ment in Djibouti, Africa, when an acci- little nervous and worried and scared. Captain Whitlock was born to the dent occurred while his aircraft was re- She said, Have you picked up your proud parents of Jimmy and Clare turning from a mission, taking not phone yet to congratulate your oppo- Whitlock on December 10, 1982. Even at only his life but three of his fellow nent on your victory? I said, Monica, I a young age, Nick showed his maturity comrades. Nick was laid to rest at For- won’t do that until the last vote is and that he was full of integrity. In one est Lawn Cemetery in his hometown of counted. Shortly after that, I got a of his high school assignments, Nick Newnan, Georgia, following a heartfelt phone call telling me congratulations. was asked to define a leader. He wrote: ceremony at First Baptist Church. Finally, those precincts came in, and A leader is a person that is in charge of a Friends of Nick’s say he made them Dr. GINGREY, from the 11th District in group, someone that everyone looks up to proud to be an American and to want Georgia, was elected. and wants to be like. A leader is also some- to become a better man of God and a I always remember Monica Kaufman one that is willing to complete their goals better father, better husband, a better from that night. I ask Members to rec- and give 100 percent no matter what. A lead- son. His wife, Ashley, described Nick as ognize the accomplishments of the er is willing to stand up for what he believes loving, thoughtful, honest, considerate, great Monica Kaufman. in even if he is alone. I want to be a leader and generous. He was a true gentleman because I think that is what God has called f and a steadfast man of God. They both me to be. prayed for God to shape their lives for MONICA KAUFMAN PEARSON For the young people that might be His purpose so that their blessings The SPEAKER pro tempore. The watching, we’re always looking for a would not stop with them but extend to Chair recognizes the gentleman from hero, and I think that Nick decided in everyone they met. Georgia (Mr. BISHOP) for 5 minutes. his life that he would be a hero. His parents’ love and pride for Nick’s Mr. BISHOP of Georgia. I am honored Nick lived by his own words, and to unwavering faith, integrity, and intel- to join my colleagues in the Georgia say he was a leader was an understate- ligence is never ending. They talk delegation in paying tribute to one of ment. He understood that success is often of how, although he was never our Nation’s most tenured and pre- achieved through hard work, faith, and the smartest, biggest, or fastest, he eminent broadcast television news an- dedication, and he lived every day as used every ounce of what he was given chors, Monica Kaufman. an opportunity to improve himself and to his highest potential. He was phys- For more than 30 years she served as the lives of others. ically strong, mentally awake, and the Channel 2 ‘‘Action News b 1030 morally straight. In the eyes of his Nightbeat’’ anchor at WSB–TV in At- wife, family, and friends, there was no Nick graduated from Newnan High lanta where she used her superior finer man or leader than Nick School in 2001 as an honor graduate and media talents to educate, inform, and Whitlock. enlighten millions of viewers about was recognized for his outstanding I am both honored and proud that a current events that impacted our lives achievements in both football and soldier from my district served with and influenced activities all around the baseball. Nick achieved his Eagle such courage and conviction. Nick em- world. Prior to becoming one of Atlan- Scout rank and strove to use the skills bodied all the qualities of an ideal hus- ta’s most watched and influential tele- he learned to influence every aspect of band, son, brother, and friend. He was vision journalists, Monica worked as a his life. an extraordinary captain, and America reporter at the Louisville Times and at He attended Mercer University, and has truly lost one of its finest. I am WHAS–TV in Kentucky. he caught for the Mercer Bears base- proud to stand here and thank him for Madam Speaker, Monica is an award- ball team. Most notable of Nick’s many sacrificing his life so that my family winning journalist who has been recog- campus activities were his leadership and I, and everyone else across this nized on numerous occasions for her roles as Mercer ambassador; president great Nation, can live free. outstanding professional abilities and of his fraternity, Sigma Alpha Epsilon; Joan and I extend our deepest sym- remarkable occupational achieve- and senator-at-large for the student pathies to the family and friends of ments. However, she is much more government association. In 2005, Nick Nick Whitlock’s, and we will never for- than just an accomplished journalist. graduated with a bachelor of business get the service and sacrifice that he She is a loving wife, mother, mentor, administration degree; and in 2011, he made for our great country. friend, and role model to me. went on to earn his master’s degree in Nick, we miss you. And until we I would like to extend our personal business administration from the Uni- meet again in the presence of our Lord, congratulations to Monica Pearson and versity of Florida. I want to use a nice Southern saying: her family as they celebrate and reflect While studying at Mercer, Nick Nick, you done good. Thank you, sir. earned his private pilot’s license and upon her outstanding career as one of f our Nation’s leading broadcast journal- was accepted into the United States NATIONAL TRANSPORTATION ists and admired media personalities. Air Force in 2006. Nick trained with the POLICY Kentucky may have named her, but Euro-NATO Joint Jet Pilot Training Georgia claimed her, and we are all program. In 2008, he received his wings The SPEAKER pro tempore. The better because she came our way. and was assigned to the Air Force Spe- Chair recognizes the gentleman from Congratulations to you, Monica cial Operations. He became a member Oregon (Mr. DEFAZIO) for 5 minutes. Kaufman Pearson. of the 34th Special Operations Squad- Mr. DEFAZIO. This is a photograph f ron, which we have all heard about in from 1956, before we had a national the paper and on the news, and was transportation policy in the United CAPTAIN NICK WHITLOCK promoted to captain in November of States of America; and if the Repub- The SPEAKER pro tempore. The 2010, where he was assigned to the U– licans are successful with their budget Chair recognizes the gentleman from 28A aircraft. and with their vision, this will be the Georgia (Mr. WESTMORELAND) for 5 November proved to be one to cele- future for the United States of Amer- minutes. brate, as Nick married the love of his ica.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3841 There are a substantial number of that would continue the current sys- have both on our lives and this world. Republicans on that side who have tem with some improvements for a He is an inspiration, and he makes me drunk the Kool Aid of a guy named couple of years—that’s what passes for a better person. Grover Norquist, who says that he a threat—unless you vote for our crazy Through Cole, I’ve been introduced wants government so small, he can H.R. 7, which does away with transit and welcomed by the disabilities com- strangle it in the bathtub, and that we funding and basically dismantles the munity, a wonderful group of people in should devolve—devolve—this is inter- program over a longer term, or the America who every day also celebrate esting—not evolve—devolve transpor- Ryan budget, which would immediately the tremendous impact and the poten- tation to the States. That’s right. Our end the program next year. tial of every life in this world. national transportation policy will be But they won’t let us vote on that be- b 1040 set by the 50 different States. cause they know that a bunch of Demo- I find myself grateful to so many who Well, this is 1956, before we had a na- crats—just like in the Senate, where have walked this path before me and tional transportation policy. This is Democrats and Republicans came to- have improved the opportunities that the brand spanking new Kansas Turn- gether with an overwhelming majority Cole, as well as anyone with disabil- pike. Isn’t that beautiful. Well, look and passed a transportation bill, they ities, is going to have. Today, there’s where it ends—in a farmer’s field in know that would happen here. So they greater opportunities through early Oklahoma because Oklahoma chose not got 80 or so ultraright-wingers who intervention, education, advanced edu- to build its section, which they had wouldn’t vote for it. Big deal. I could cation, and lots of opportunities for promised to build. That’s the way match that with 150 Democrats, and we independent living. However, there’s so things used to be, and that’s the way could have a bipartisan bill next week, much more that needs to be done, and they want things to be again. putting millions of Americans back to so today is my turn to help carry the We’re now on the precipice of basi- work, rebuilding the crumbling infra- baton to help work to unleash the po- cally walking away from investing in structure in this country. But instead, tential of all those living with disabil- our Nation’s infrastructure. There are they want to devolve us back to the fu- ities. 150,000 bridges that need replacement ture. I’m proud to cochair the Congres- or repair in the national system; 40 Smaller government. Smaller gov- sional Down Syndrome Caucus with percent of the pavement needs total re- ernment. Yes, that’s great, guys. A Representative PETE SESSIONS, Rep- placement, not just an overlay. We transportation policy for the United resentative CHRIS VAN HOLLEN, and have a $70 billion backlog in our 19th- States of America, competing in a Delegate ELEANOR HOLMES NORTON. We and 20th-century transportation sys- world economy, set by the 50 States are committed to working on policies tems in our major urban areas, in our without funding. What a great vision. that are going to enhance the quality transit. And that’s not even talking f of life for those living with Down syn- about building an efficient 21st-century drome and other disabilities. It’s with- transportation system to deliver people WORLD DOWN SYNDROME DAY in the walls of Congress that we will do and goods more efficiently. The SPEAKER pro tempore. The just that. We’re working to pass legis- And what’s their proposal? A 31 per- Chair recognizes the gentlewoman from lation, hold briefings, and promote cent cut in an already inadequate Washington (Mrs. MCMORRIS RODGERS) policies that will help those with Down budget or maybe no money at all. Ac- for 5 minutes. syndrome all across the country. tually, it’s a bit odd. Mr. RYAN’s budg- Mrs. MCMORRIS RODGERS. Madam So today is World Down Syndrome et, according to the Congressional Speaker, I rise today, on March 21, a Day. A few minutes from now at the Budget Office, would not be enough to very special day, to celebrate the many United Nations headquarters there’s fund the uncontrollable outlays, i.e., contributions of those with Down syn- going to be a poem read. It’s called, projects already under way by the drome, also known as trisomy 21. ‘‘Welcome to Holland.’’ The author is States for which the Federal Govern- Today, March 21, has been officially Emily Perl Kingsley. I thought I want- ment has contracted to reimburse at designated by the United Nations as ed to read it to all of you today. the end of the construction of these World Down Syndrome Day. The date WELCOME TO HOLLAND projects. His budget wouldn’t even is significant in and of itself because I am often asked to describe the ex- meet that number. And in terms of au- the origins of Down syndrome and the perience of raising a child with dis- thorizing the bill, they decided for the underlying cause is a duplicate 21st ability—to try to help people who have first time in history to make this a chromosome. We are all born with 23 not shared that unique experience to partisan issue. pairs, an X and a Y. Those with Down understand it, to imagine how it would Dwight David Eisenhower, a Repub- syndrome have an extra 21st—there- feel. It’s like this: lican President, he came up with the fore, three and 21. And today is March When you’re going to have a baby, idea of a national transportation net- 21. The reason it’s called Down syn- it’s like planning a fabulous vacation trip—to Italy. You buy a bunch of work. Ronald Reagan put transit into drome is because these characteristics guidebooks and make your wonderful the highway trust fund. They want to were discovered by a doctor by the plans: the Coliseum, the Michelangelo take out Ronald Reagan’s step of put- name of Dr. Langdon Down. He had a David, the gondolas in Venice. You ting transit in the highway trust fund wonderful heart, a caring heart, for may learn some handy phrases in those with disabilities; and, therefore, as an interim step before they do away Italian. It’s all very exciting. with the program altogether. That’s we call it Down syndrome today. After months of eager anticipation, pretty extraordinary stuff. Their vision Five years ago, my husband, Brian, the day finally arrives. You pack your is that we will go back to this state of and I gave birth to a beautiful little bags and off you go. Several hours affairs in America. We cannot afford baby boy whose name is Cole, and he later, the plane lands. The stewardess that. was born with that extra 21st chro- comes in and says, ‘‘Welcome to Hol- Next week or the week after, the mosome. Cole has given me a whole land.’’ temporary highway funding expires. new perspective for being a mother and ‘‘Holland?’’ you say. ‘‘What do you The Senate has passed a bipartisan bill also for being a Member of Congress. mean, Holland? I signed up for Italy. by an overwhelming majority. The Re- Cole’s birth has given me a whole new I’m supposed to be in Italy. All my life publican leadership has threatened purpose for serving in Congress, and he I’ve dreamed of going to Italy.’’ that their right-wing devolutionists reminds me every day of the signifi- But there’s been a change in the will do away with Federal transpor- cance, the tremendous positive impact flight plan. They’ve landed in Holland tation by saying, We might make you that every single person has on this and there you must stay. vote on that Senate bill. That passes world. And the fact that he has Down The important thing is that they for a threat in the Republican Caucus. syndrome today only makes me more haven’t taken you to a horrible, dis- We might make you vote on a good bill curious as to the impact he’s going to gusting, filthy place, full of pestilence,

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3842 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 famine, and disease. It’s just a different Blue Nile for the delivery of des- food reach these desperate people, but place. perately needed food aid. He wants no more must be done. I urge the Presi- So you must go out and buy new witnesses to his deliberate use of mass dent to engage China at the very high- guidebooks, and you must learn a starvation as a weapon against his own est levels to also demand unfettered whole new language, and you will meet people. And the clock is ticking, access for humanitarian aid. a whole new group of people you would Madam Speaker, because the rainy sea- Madam Speaker, the world must in- never have met. son is coming soon, and then no one crease the pressure on President Bashir It’s just a different place. It’s slower- will able to get food into these areas, or watch another crime against hu- paced than Italy, less flashy than Italy. but the bombs will continue to fall manity take place in Sudan. We must But after you’ve been there for a while from the sky. not be silent. and you catch your breath, you look Take a look at these photographs. around, and you begin to notice that The first one is a remarkable satellite f Holland has windmills and Holland has image of villages being bombed in b 1050 tulips. Holland even has Rembrandts. South Sudan. You see the Antonov But everyone you know is busy com- bomber flying north, back towards the STOP MILITARY RAPE ing and going from Italy, and they’re Sudanese military airbase. You see the The SPEAKER pro tempore. The all bragging about what a wonderful smoke plumes rising up from civilian Chair recognizes the gentlewoman from time they had there. And for the rest of villages. You see fields and orchards California (Ms. SPEIER) for 5 minutes. your life you will say, ‘‘Yes, that’s being bombed. These are not military Ms. SPEIER. Madam Speaker, I rise where I was supposed to go. That’s targets, Madam Speaker. There’s not again today to highlight the epidemic what I had planned.’’ even a truck or a pickup that might be of rape and sexual assault in the mili- The pain of that will never, ever, used for military purposes. All you see tary. This is the 17th time that I’ve ever, ever go away because the loss of are villages, huts, orchards, and fields. stood here on the House floor to tell that dream is a very, very significant Antonovs don’t do precision bombing, the story of a brave member of our loss. But if you spend your life mourn- Madam Speaker; they just open up the military who has been raped or sexu- ing the fact that you didn’t get to go to back bay of the airplane and roll out ally assaulted by a fellow servicemem- Italy, you may never be free to enjoy barrels of explosives. ber. the very special, the very lovely things This is an image, Madam Speaker, of Today I will tell you the story of Elle about Holland. the indiscriminate bombing of civil- Helmer, who served at the prestigious f ians. This is a war crime. It took place Marine Barracks in Washington, D.C., SUDAN: STOP USING FOOD AS A on March 8. And here, Madam Speaker, at 8th and I from 2005 to 2006. The Ma- WEAPON OF MASS STARVATION are the targets of the bombs and rock- rines who serve here in Washington are ets: children, Madam Speaker, hiding known throughout the military as the The SPEAKER pro tempore. The and starving in caves. tip of the sword. They perform ceremo- Chair recognizes the gentleman from This photo was taken by John nial roles and participate in the silent Massachusetts (Mr. MCGOVERN) for 5 Prendergast, of the Enough Project, drill platoon. They are the creme de la minutes. and George Clooney, who were in South creme. Mr. MCGOVERN. Madam Speaker, in Kordofan on March 8. They saw the about 6 weeks, the rainy season will You will notice that Elle’s story fol- planes and rockets striking villages. lows the exact same pattern as the doz- begin in Sudan. Villagers will no longer The satellite picture is from the Sat- be able to plant or harvest their crops. ens of stories I’ve told before and prob- ellite Sentinel Project, set up by Mr. ably the same pattern of the estimated The roads will become impassible. It is Clooney and DigitalGlobe, which has the time of the year when people live 19,000 rapes and sexual assaults that oc- donated millions of dollars of imagery curred in the military in 2010. This is off their harvests, their orchards, and from its satellites in an effort to pro- the land. But there is no food in the the pattern of the epidemic. vide an early warning system for This is Elle’s story: The harassment states of South Kordofan and Blue Nile human security in this region of inside Sudan—not because of drought, started as soon as she arrived in Wash- Sudan. ington. Lieutenant Helmer was told not because locusts have destroyed the Last Friday, I stood on the steps of that she was selected to be the public crops. No, Madam Speaker. This is a the Sudanese Embassy with George affairs officer for the barracks based on deliberate, man-made catastrophe cre- Clooney and my House colleagues, Con- her appearance. She was told that ated by Sudanese President Bashir. gressman JOHN OLVER, JIM MORAN, and Command wanted a good-looking fe- For months, Khartoum has been AL GREEN. We were all arrested pro- launching rockets and dropping bombs testing the humanitarian crisis in male officer to serve as a ‘‘poster on villages and fields throughout South Sudan. We were joined by George’s fa- child.’’ In addition to her role in public Kordofan and Blue Nile. The people of ther and journalist, Nick Clooney; affairs, Lieutenant Helmer was also no- the Nuba Mountains, primarily of John Prendergast of the Enough tified by mail that she was made a sex- black African descent, cannot work Project; our former colleague Tom An- ual assault and response coordinator. their fields for fear of being bombed. drews, now with United to End Geno- No one told her what the role required, They hide in caves as bombers and heli- cide; Martin Luther King III; Ben Jeal- and the only thing she knew about the copters fly overhead. Rockets bombard ous, president of the NAACP; Nicole position was that she’d been appointed their villages. Sudanese soldiers march Lee, president of TransAfrica Forum; to do it. into their villages, killing, raping, set- Faye Williams, chair of the National In March of 2005, a captain contin- ting fire to their homes, carrying out a Congress of Black Women; Activist ually commented on her appearance ‘‘scorched earth’’ policy. Dick Gregory; Rabbis David Saperstein and began to harass her. He told Lieu- The people of South Kordofan and and Steve Gutow; Fred Kramer, with tenant Helmer that he picked her to be Blue Nile are already suffering from the Jewish World Watch; and Ian a Public Affairs Officer because she malnutrition and a severe shortage of Schwab, with American Jewish World was the ‘‘prettiest.’’ He made sexual food. Thousands are fleeing south, Service. advances and kept sending her social crossing into the newly independent We had a simple message: Let food emails. She spurned his advances and nation of South Sudan, setting up ref- and humanitarian aid reach the suf- complained to the Marine Barracks’ ugee camps along the northern borders. fering people of South Kordofan and equal opportunity officer, and provided Mainly women and children, they ar- Blue Nile. Stop raping, killing, bomb- copies of the emails and details about rive traumatized, exhausted, and mal- ing, and starving innocent women, the harassment. The Marine Corps did nourished. children, and men. nothing. President Bashir has denied humani- I commend the Obama administra- The following year, the Marine Corps tarian access to South Kordofan and tion for pressuring Khartoum to let named Lieutenant Helmer to serve as

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3843 the first female ceremonial parade and prosecution. She was forced to leave the The President has also set a goal for flanking officer. Part of her respon- Marine Corps while her rapist remains a Ma- the United States to have the highest sibilities was to attend a pub crawl for rine in good standing. Elle, like so many vic- proportion of college graduates in the St. Patrick’s Day that had been en- tims I’ve heard from, report a culture of ac- world by the year 2020. To reach this dorsed by the colonel. When she ob- ceptance and a culture that blames victims. goal, the President focused on K–12 jected to going, her superior, a major, This must stop. We must pass H.R. 3435. teaching and learning. The American told her it was a mandatory work f Recovery and Reinvestment Act pro- event. The pub crawl involved a group vided $77 billion to strengthen elemen- COMMENDING PRESIDENT BARACK of Marine officers identified in T-shirts tary and secondary education, includ- OBAMA’S PROPOSALS REGARD- going from bar to bar to bar on Capitol ing $48.6 billion to stabilize State edu- ING HIGHER EDUCATION Hill, drinking excessive amounts of al- cation budgets and to encourage States cohol, all paid for by the Marine Corps. The SPEAKER pro tempore. The to ensure that all schools have highly Lieutenant Helmer was required to Chair recognizes the gentleman from qualified teachers, improve achieve- drink shots at the same pace as the American Samoa (Mr. FALEOMAVAEGA) ment in low-performing schools, and large male officers. On those occasions for 5 minutes. ensure college and career readiness. when she drank water to try to keep Mr. FALEOMAVAEGA. Madam The President also has invested to herself from becoming intoxicated, she Speaker and to my colleagues here in make sure that teachers are supported was required by her boss to drink an the great Chamber of the people’s as professionals in the classroom, while extra shot as punishment. House, the House of Representatives, I also holding them more accountable. As a result of the forced consumption know of no other place in the world, Effective teachers will be rewarded, of alcohol that night, Lieutenant only in America, that a man whose fa- and States will be encouraged to re- Helmer became very intoxicated and ther was a devout Muslim from Kenya, move ineffective teachers from the left to find a cab to go home. Her supe- Africa, who was married to a white classroom. woman from the great State of Kan- rior, the major, followed her out and The President has also supported in- sas—and with all due respect to our told her that she needed to come with novation in the classroom, such as the birther friends, this man was born in him to his office to discuss a business expansion of high quality charter the great State of Hawaii; this man is matter. schools, investments in the Race to the none other than Barrack Hussein When they reached his office, the Top competition between States, and Obama—could become our President, major tried to kiss her. Lieutenant also providing flexibility for States Madam Speaker, our President of all of Helmer resisted, and the major grabbed who are looking for greater relief under the United States of America and its her, knocking her over and hitting her the No Child Left Behind Act. The territories. head against the wall. She lost con- President also introduced the ‘‘Educate I want to share with my colleagues sciousness at that point. to Innovate’’ campaign, which is aimed one of the most critical issues as advo- When she awoke, she found herself to improve the participation and per- cated seriously by President Obama, lying on the floor in the major’s office formance of America’s students in and that is in the field of education. and was wearing his shorts. The major science, technology, engineering, and I commend President Obama for his was found naked from the waist down, mathematics. passed out on the floor nearby. After commitment to providing every child Lieutenant Helmer left the major’s of- in America access to a complete and President Obama has also introduced fice, she reported it to her command competitive education all the way from measures to make college more afford- that she had been raped. Her colonel cradle to career. able. Under the President’s leadership, discouraged her from asking for a rape In recent years, the United States the maximum Pell Grant amount has kit examination, saying it would be has drastically fallen behind other been raised to $5,500. The new ‘‘Pay As ‘‘out of his hands.’’ In spite of the colo- countries when it comes to education. You Earn’’ proposal will also give nel’s objections, Lieutenant Helmer In the most recent Programme for about 1.5 million students the ability sought and obtained a rape kit and International Student Assessment Re- to cap their loan payments at 10 per- medical examination. port published in 2009, researchers cent of their monthly income and allow Despite the medical and circumstan- ranked the performance of 15-year-olds debt forgiveness balance after 20 years tial evidence of the rape, the Navy internationally and found that the of payments. The President’s plan will Criminal Investigative Services ini- United States ranked 17th in reading, enable an estimated 6 million students tially refused to investigate, claiming 24th in science, and 30th in math. To and recent college graduates to con- Lieutenant Helmer’s inability to recall make America competitive once again, solidate their loans and reduce their her rape precluded any investigation. Madam Speaker, President Obama has interest rates. Colleges and univer- After a delay that destroyed the crime introduced several key initiatives that sities will also be rewarded based on scene, the NCIS eventually conducted a focus on early childhood education, their ability to offer relatively lower very brief investigation and concluded that reform and invest in K–12 edu- tuition costs and provide value to espe- that nothing could be done in light of cation and restore America’s leader- cially low-income students. Lieutenant Helmer’s lack of conscious- ship in higher education. Madam Speaker, if we prepare Amer- ness during the assault. In his first major action of his Presi- ica’s children with a high quality edu- In addition, the Marine Corps ‘‘lost’’ dency, President Obama signed the cation, we enable them to succeed in Helmer’s rape kit. Lieutenant Helmer American Recovery and Reinvestment today’s global economy. Furthermore, complained to the major’s superior. Al- Act, which makes significant invest- our ability to educate America’s chil- though that Marine officer admitted ments in education. The act included $5 dren will determine the economic com- the NCIS investigation was ‘‘woefully billion for early learning programs as petitiveness of our great Nation. And inadequate’’ and removed the major well as programs for children with spe- as our President has recently stated, from his command position, he refused cial needs. The President has also in- no issue will have a bigger impact on to press charges or take any further troduced accountability standards for the future performance of our economy steps to punish the rapist. Instead, he Head Start to ensure that early child- than education. told Lieutenant Helmer, ‘‘You’re from hood programs are continuing to de- Once again, Madam Speaker, I com- Colorado. You’re tough. You need to liver quality services. In addition, nine mend President Obama for his commit- pick yourself up and dust yourself off.’’ States have also received approxi- ment to helping our children succeed He then remarked, ‘‘I can’t babysit you mately $500 million from the Race to from cradle to career. I thank him for all the time.’’ the Top-Early Learning Challenge fund his bold leadership and vision for the Instead of the perpetrator being prosecuted, to create systems of high quality early future of our children and our great Lt. Helmer became the subject of investigation learning and development programs. Nation.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3844 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 b 1100 Jackson, as the mayor of Atlanta. It some kind of exotic disease or condi- HONORING MONICA PEARSON was a time of transformation. At those tion. Diabetes, hypertension, other kinds of periods you have a lot of tur- things that plague millions of Ameri- The SPEAKER pro tempore. The moil going on among people—one group cans across the country could be the Chair recognizes the gentleman from losing control, the other group taking basis for an insurance company deny- Georgia (Mr. LEWIS) for 5 minutes. control. They were difficult moments ing coverage to you. Mr. LEWIS of Georgia. Madam during that time politically, and peo- As difficult as that experience was Speaker, for more than 30 years, ple were polarized and divided. Then for many adults to have when they Monica Pearson has been a voice of Monica arrived on the scene, a young, went to try to purchase coverage be- WSB–TV, the Atlanta ABC station. She beautiful, personable, non-threatening, cause they had a preexisting condition, is a sensitive, caring individual, and cheerful person. WSB–TV did some- the most heart-wrenching stories we one of the most loved and admired tele- thing that was revolutionary: they heard were of parents who had a child vision anchors in the Nation. You can made her the first African American that suffered from a preexisting condi- always see her out in Metro Atlanta and the first female to have that tion, and that child was unable to get somewhere, serving and sharing, giving evening news slot. And boy, I’ll tell health insurance coverage. It literally back to the community of people who you, you’re talking about a glass of was tearing the hearts out of families have supported her for many, many iced tea in a hot time, that’s what she across this country. One of the things years. was. that the Affordable Care Act put in When Monica delivers the news, peo- Monica was so enthusiastic—she still place was a prohibition against deny- ple believe it because they believe in is—upbeat, and she just lit up the TV ing coverage for children based on a her, and they know she believes in screens. I personally just couldn’t keep preexisting condition. That is now law them. She didn’t just read the news, my eyes off of her. She was so cheerful. as a result of the Affordable Care Act. but as a member of a community she Her laugh and her smile are still infec- Those who argue that we should re- tried to discover the truth, and we tious. She continues to light up At- peal the Affordable Care Act, I cannot trusted what she said. Though she may lanta. She created and hosted one of believe that they want to go back to a be leaving the airwaves, she is not re- the most remarkable interview pro- time when a family would have to look tiring from her involvement in our grams in the Nation—‘‘Monica Pearson at their child who had a preexisting city, our State, and our Nation. Closeups.’’ She interviewed world lead- condition and know that they couldn’t I wish Monica and her husband, John, ers, elected officials, and celebrities. get coverage, couldn’t provide health care for that child. I can’t believe that the very best. We love her. She’s been Many of the people that she inter- we want to go back to that. good for our city, for our State, and for viewed were just astonished at the our Nation. A second group that benefited are depth of her preparation for the inter- young people, many of whom after they f views. graduated from college could no longer While we are all wishing her God- A TRIBUTE TO MONICA KAUFMAN stay on the health insurance plan of PEARSON speed in her well-deserved retirement, their parents because it wasn’t pro- we can take heart that she will con- The SPEAKER pro tempore. The vided for. Under the Affordable Care tinue to be a fixture on the Atlanta Act, if you’re a young person, you can Chair recognizes the gentleman from scene, always ready with a smile and Georgia (Mr. JOHNSON) for 5 minutes. now stay on your parents’ health insur- an insightful word. ance plan until age 26. Mr. JOHNSON of Georgia. Madam Monica Pearson is and will remain an Speaker, today I rise in tribute to re- Atlanta treasure and a glass of good, b 1110 tiring WSB–TV anchor Monica Kauf- cold iced tea. This is making a huge difference for man Pearson, who brought Atlanta the f millions of Americans across the coun- evening news for almost four decades. try. Already hundreds of thousands AFFORDABLE CARE ACT Before I go into that, something is have taken advantage of the oppor- compelling me to extol the virtues of a The SPEAKER pro tempore. The tunity to stay on the insurance plan of glass of cold iced tea in the middle of Chair recognizes the gentleman from their parents, which means that young the day. After a hard morning at work Maryland (Mr. SARBANES) for 5 min- people, many of whom think that outside and you come in for your meal, utes. they’re invincible but then something for your lunch, and you enjoy that Mr. SARBANES. Madam Speaker, happens to them and they need that lunch with a glass of iced tea, it’s a this week, we’re marking the second health insurance coverage, now they’ll Southern tradition, and I want to use anniversary of the passage of the Af- have it. It’s still in place because, that in talking about Monica Pearson. fordable Care Act. I wanted to take a under the Affordable Care Act, there’s Monica is the recipient of numerous few minutes to speak to a number of now a requirement that health insur- awards, including more than 35 groups that have benefited from the ance plans cover young people until Emmys. She broke the color barrier health care reform, a reform which I age 26. and the gender barrier by becoming the strongly supported. I cannot believe that those who want first black female to serve as evening If you think back to the time of the to repeal the Affordable Care Act want news anchor in the Atlanta broadcast debate 2 years ago, it was at the height to go back to a situation where mil- market. She is known for her commit- of hearing stories about people across lions of young people can’t access that ment to excellence, her commitment to the country, millions of people, who health insurance coverage. professionalism, and also for her opti- were struggling to access the health And let me talk about the third mism and her compassion. care system. So let me speak to the group, our seniors who, 2 years ago, She is also known for sharing her tal- struggles of two or three particular were dealing with the situation of hav- ents by mentoring aspiring female groups. ing to come out of pocket for prescrip- news anchors across the Nation. It was Many adults across the country had tion drugs because of the so-called Marian Pittman, news director of had the experience of trying to get doughnut hole under the prescription WSB–TV who worked with Monica for health care coverage, health care in- drug benefit program. Under the Af- more than 15 years, who said, ‘‘Monica surance, and discovering that because fordable Care Act, we put in place the is to WSB what sweet tea is to At- they had a ‘‘preexisting condition,’’ as opportunity now to begin closing the lanta.’’ it’s so called, that they would be de- doughnut hole and making sure that Yes, she was a quenching force when nied that coverage. If you look at some seniors who are in the doughnut hole she arrived in Atlanta. It was at a time of the policies even today, you can see have access to a 50 percent discount on where Atlanta had recently elected a that the list of preexisting conditions prescription drugs, brand-name pre- blunt-spoken man of action, Mayor is a long one. You don’t have to have scription drugs.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3845 So now our seniors, many of whom quickly followed by murder of our dear, Clearly, if you listen to the tapes, the before were having to make a choice sweet Trayvon Martin. police dispatcher told him to stand between do I cover the cost of food, do Do you know that it took 3 days, 3 down. Less than 5 minutes later, this I pay the rent, or do I cover the cost of whole days, for the police to release young man was dead. He was just walk- my prescription drugs because they Trayvon’s body from the morgue to be ing at the time. He was a black African were having to come out of pocket, shipped to Miami for burial and the fu- American that on the tape said looked now, many of them don’t have to make neral simply because the Police De- suspicious. It was raining, and you’re that terrible choice because of the as- partment would not submit the nec- looking suspicious in a neighborhood sistance provided by the Affordable essary paperwork? when just walking on the sidewalk. Care Act. Sanford Police, do your duty. Arrest He started following him, and the I cannot believe that those who are the murderer today. Twenty-five days dispatcher said clearly, more than urging the repeal of health care reform is much too long. once: We need you not to follow this want to take our seniors back to a We must stand up for justice. We young man. We are on the way. We will place where they have to make that must stand up for Trayvon. And we handle it. terrible choice between whether to must stand up for our children. Less than 5 minutes later, this young man is dead. cover the rent, buy food, or pay for f This is not acceptable in this society. their prescription drugs. JUSTICE FOR TRAYVON MARTIN I have asked that the Justice Depart- Madam Speaker, there are so many The SPEAKER pro tempore. The ment—and I want to thank all of the good things already in place as a result Chair recognizes the gentlewoman from tri-caucuses for weighing in on the im- of the health care reform, and I cannot Florida (Ms. BROWN) for 5 minutes. portance of having an independent in- believe that those who want to repeal Ms. BROWN of Florida. Before I vestigation, and that’s the Justice De- it want to deny our children, want to begin, let me just mention that today, partment. They’ve committed that deny our young people, want to deny visiting us in the Capitol, is the former there will be no stones unturned and our seniors the benefits that it pro- mayor of Jacksonville, Mr. Peyton, and that they will look into what has hap- vides. I want to welcome him to his Capitol. pened as far as the violation of his civil f I want to thank the gentlewoman rights, whether it’s a hate crime. But, JUSTICE FOR TRAYVON MARTIN from Miami for her comments and, in addition, we want to make sure that really, all of our colleagues from both we have an independent review of how The SPEAKER pro tempore. The sides of the aisle. the police force has handled this situa- Chair recognizes the gentlewoman from This is a very tough time for us, tion. Florida (Ms. WILSON) for 5 minutes. being the Representative from Sanford, Ms. WILSON of Florida. Madam b 1120 Florida. Speaker, Trayvon Martin was a 17- I want to commend, first of all, the I have some grave concerns when I year-old young boy who lived in my mayor, Mayor Triplett, and the county discuss some of the things that have district and attended school within commissioner, Ms. Williams, and the happened. For example, he was drug tested. He was tested. He had alcohol walking distance of my home. I have city manager. We met Friday for over in his system. Yet, the person that did known his family most of my life, and 5 hours, discussing what we could do to the shooting was not tested in any they are pleading, begging, crying for bring some kind of clarity to this situ- manner—no drug tests, no alcohol justice. The whole city of Miami is ation. tests, no lie detector tests. It is just his pleading for justice as they try to re- This is a tragic situation. In having word that he felt threatened. So, there- main calm. met with the family, met with the fore, he shot to kill. That’s unaccept- Every day, every day I will come to mother, it was very, very difficult to this floor and announce to America able. talk with the mother and father and We are a better society than that, how long justice for Trayvon Martin know that I truly feel that justice has has been delayed by using this charge. and we are going to work to make sure not taken place. that this will never happen again. To Today marks the 25th day. Trayvon In the society that we live in, it’s Martin was murdered 25 days ago, and whom God has given much, much is ex- very important that we have to feel pected. still there has been no arrest. The evi- that the criminal justice system is fair dence is overwhelming. Every single and is fair to all parties. I cannot stand f day new evidence emerges, and still before you today and say that I feel RECESS there is no arrest. that the system has operated fairly. The SPEAKER pro tempore. Pursu- To date, the FBI, the DOJ, the Flor- One of the first things I asked to hap- ant to clause 12(a) of rule I, the Chair ida Department of Law Enforcement, pen is that there be an arrest. Well, we declares the House in recess until noon FDLE, and the State Attorney’s Office don’t have an arrest. It’s 25 days. today. are all involved in investigations sur- The second thing I asked is that we Accordingly (at 11 o’clock and 21 rounding his death. And still there has release the tapes, and we have released minutes a.m.), the House stood in re- been no arrest. the 911 tapes. I’ve got to tell you, it has cess. What does it take? What more does it taken on a life of its own, because the f take? things that were told to me in the The eyes of people pleading for jus- meeting are not the things that were b 1200 tice in this Congress and everywhere I reflected in the tapes. AFTER RECESS go are watching Sanford, Florida. The So you have the media looking into The recess having expired, the House grand jury has been selected, and the it, and I call them the fourth branch of was called to order by the Speaker pro grand jury is not reflective of the government. They can verify tempore (Mrs. MILLER of Michigan) at Trayvon’s family nor Trayvon. That what’s on the tapes. They can verify noon. must be corrected immediately. whether or not you would take some- f I’ve heard from Trayvon’s family. one’s comment as to what they said I’ve heard from his brother, his uncle, happened when this young man is not PRAYER his classmates, his teachers, commu- there to tell his side of the story. Reverend Dr. Carl Hickerson, Spring- nity leaders, the school super- We have a person that everyone talks field Baptist Church, Washington, D.C., intendent. I even spoke to his mother about was over the Neighborhood offered the following prayer: again late last night. Everyone is call- Watch. I want to point out, self-ap- O God, we confess our hope for the fu- ing for justice. pointed over the Neighborhood Watch— ture is challenged by present cir- What happened to Trayvon was a self-appointed. That means, was not cumstances. As we read or watch the classic example of racial profiling, trained. news, our faith often falters.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3846 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 Thank you, God, for examples of CONGRATULATING MONICA at a moment’s notice. They bring life- steadfastness and belief in the future. KAUFMAN saving supplies and cargo to rescue ci- We thank You for people who plant (Mr. PRICE of Georgia asked and was vilians. The C–130s have carried out 423 trees though they may not live to given permission to address the House gulf storm response missions, evacu- enjoy them. We thank You for public for 1 minute.) ated 300 storm victims, and transported servants and grassroots folks who Mr. PRICE of Georgia. Madam over 900 tons of emergency supplies to struggle to preserve our society so that Speaker, great communities are made the gulf region alone. our children and grandchildren may in- up of wonderful people, and Atlanta is But, Madam Speaker, for some rea- herit an inhabitable world. a great community. son, the Air Force wants to remove the We know, O God, that all people who Monica Kaufman has been an inte- C–130s from Texas and send them to believe and hope for the future are not gral champion in making Atlanta a Montana. Madam Speaker, when is the necessarily doing it in Your name; but great community. For nearly 40 years, last time you heard of a hurricane in we acknowledge them as Yours, and we she’s been an anchor on WSB–TV in At- Montana? pray that You help us, each of us, to lanta. Now, sadly, she’s retiring. The expensive, unwise transfer of the join their ranks. From her warm smile, to her anx- C–130s would cost taxpayers $100 mil- Restore our faith. Remind us that iously anticipated hair style, to her lion. You are our hope. For the sake of Him passion and her warmth for our beloved The C–130s have come to the rescue who died young so that we all might metro Atlanta, we all love Monica in Hurricanes Katrina, Rita, Ike, and have a future, we pray. Kaufman. What a great champion of Gustav. When I served in a C–130 unit Amen. goodwill, southern charm, and spirit at Houston’s Ellington Field in the sev- she has been. enties, I came to know how efficient f And for all the wonderful work she’s these aircraft are. That’s why they are given to our region and our State and nicknamed the ‘‘Hercules.’’ THE JOURNAL our Nation, Monica, we love you, and Keep these lifesaving planes in the The SPEAKER pro tempore. The we wish you Godspeed in your future gulf where they are needed. Don’t send Chair has examined the Journal of the activities and your future happiness. them to Montana. And that’s just the way it is. last day’s proceedings and announces f to the House her approval thereof. f Pursuant to clause 1, rule I, the Jour- HAZING HEARING COMMEMORATING THE 51ST ANNI- nal stands approved. (Ms. CHU asked and was given per- VERSARY OF THE PEACE CORPS Mr. MILLER of North Carolina. mission to address the House for 1 (Mr. CICILLINE asked and was given Madam Speaker, pursuant to clause 1, minute.) permission to address the House for 1 rule I, I demand a vote on agreeing to Ms. CHU. A year ago, on April 3, on minute.) the Speaker’s approval of the Journal. a Marine base in Afghanistan, Harry Mr. CICILLINE. Madam Speaker, I The SPEAKER pro tempore. The Lew was the victim of hazing. He was rise to commemorate the 51st anniver- question is on the Speaker’s approval punched and kicked by his peers as sary of the United States Peace Corps. of the Journal. they poured the contents of a sandbag Since its founding in 1961, the Peace The question was taken; and the over his face and mouth. This physical Corps has sent 200,000 American men Speaker pro tempore announced that torture and hazing lasted a full 3 hours and women to serve in 139 countries. the ayes appeared to have it. and 20 minutes. Twenty-two minutes Among the 9,000 serving around the Mr. MILLER of North Carolina. after his abusers stopped, Harry killed world today are residents of Rhode Is- Madam Speaker, I object to the vote on himself. He was my nephew. land’s First Congressional District: the ground that a quorum is not The perpetrators were let off with Sara Chace, Jenna de St. Jorre, An- present and make the point of order virtually no punishment. That is why, drew Egan, Frank Hoder, Daniel Malin, that a quorum is not present. for months after his death, I have been Peter Pagonis, and Daniel Restivo. The SPEAKER pro tempore. Pursu- calling for congressional hearings to Peace Corps volunteers create new ant to clause 8, rule XX, further pro- look into the prevalence of hazing in opportunities, expand development, ceedings on this question will be post- the military. The military must imple- and encourage progress around the poned. ment a zero tolerance policy and must world. Year after year, these selfless The point of no quorum is considered change the culture of hazing that is men and women immerse themselves in withdrawn. not only accepted but encouraged. the day-to-day life of a developing na- Tomorrow, almost on the anniver- f tion, connect with local residents, and sary of his needless and avoidable work with them to share information. death, Congress will act. I urge all of With the implementation of new poli- PLEDGE OF ALLEGIANCE you to watch online the Armed Serv- cies this year for the Peace Corps Re- The SPEAKER pro tempore. Will the ices Committee hearing on hazing in sponse program, even more volunteers gentlewoman from New York (Ms. the military. will be eligible to help those most in SLAUGHTER) come forward and lead the We can and we must hold the mili- need. House in the Pledge of Allegiance. tary accountable so no one will ever I applaud the Peace Corps for its ac- Ms. SLAUGHTER led the Pledge of again have to go through what Harry complishments, and offer my thanks to Allegiance as follows: endured. the dedicated volunteers that make it I pledge allegiance to the Flag of the f so successful, and I thank them for the United States of America, and to the Repub- difference they’re making in the world. lic for which it stands, one nation under God, WHERE HAVE ALL THE C–130S f indivisible, with liberty and justice for all. GONE? (Mr. POE of Texas asked and was TRUE COSTS OF OBAMACARE ARE f given permission to address the House EXPOSED for 1 minute.) (Mr. WILSON of South Carolina ANNOUNCEMENT BY THE SPEAKER Mr. POE of Texas. Madam Speaker, asked and was given permission to ad- PRO TEMPORE the gulf coast is known for its whip- dress the House for 1 minute and to re- The SPEAKER pro tempore. The whirling tropical storms, devastating vise and extend his remarks.) Chair will entertain up to 15 requests hurricanes, wildfires, and floods; and Mr. WILSON of South Carolina. for 1-minute speeches on each side of whenever such storms hit, C–130 air- Madam Speaker, during the President’s the aisle. craft sweep in from Fort Worth, Texas, effort to lobby for the government

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3847 takeover of health care, he promised Healthcare Act. Amongst other things, PAYING TRIBUTE TO MONICA the American people his proposal this bill will repeal the Independent PEARSON would cost $940 billion and ‘‘won’t add Payment Advisory Board, one of the (Mr. BROUN of Georgia asked and a dime to the deficit and is paid for up- many ill-conceived provisions that was was given permission to address the front.’’ part of the so-called Affordable Care House for 1 minute and to revise and The Washington Examiner editorial- Act. This independent advisory board extend his remarks.) ized last week the President ‘‘knew the basically has charged 15 unelected indi- Mr. BROUN of Georgia. I rise today funny numbers his administration was viduals with making decisions about to give a tribute to a friend, a tele- putting out,’’ but delivered a speech what’s covered for both patients below vision broadcast icon, the talented and with blunders anyway. the age of 65 and Medicare recipients. eloquent Monica Kaufman Pearson. Last week, the Congressional Budget It is the Affordable Care Act’s way of In 1975, Monica became the first Afri- Office released a report stating that reducing costs, i.e., telling doctors and can American, in fact, the first female, ObamaCare will cost $1.76 trillion, a patients what they can do and what to anchor a daily evening newscast in figure almost double the initial price they can’t do. Fifteen unelected bu- Atlantic. Years later, it was revealed tag that he promised. reaucrats in Washington, D.C., are that she beat out Jane Pauley and Based on these reports, it is clear going to tell you what you can do. Oprah Winfrey for the coveted position. that the false claims are being exposed. They stand ahead of you and your doc- And just like these high-profile women, House Republicans have already voted tor. Monica has risen to achieve extraor- to repeal the unconstitutional govern- Now, this bill did not make it to the dinary success. ment takeover of health care, which floor last year. It will make it to the For her diligent reporting and superb the NFIB has said it will destroy 1.6 floor this year with bipartisan support. storytelling, she has won 30 Emmy million jobs. The Senate now needs to It costs $3.1 billion, which is made up Awards and numerous honors. How- vote. with a tort law reform provision which ever, Monica does not simply report In conclusion, God bless our troops, has been added. But that shows that the evening news. I can confidently say and we will never forget September the $3.1 billion is what’s saved by denying that she is one of Georgia’s finest. 11th in the global war on terrorism. Americans access to health care that Throughout the years, she has lent her f they’ve purchased or that they deserve. voice to efforts and charitable causes Join me in repealing the Independent within her community, living out her WOMEN’S HEALTH WEDNESDAY: Payment Advisory Board. AFFORDABLE CARE ACT’S BENE- motto: It’s what you do with what you FITS FOR WOMEN f have that makes you what you are. On behalf of the United States Con- (Ms. EDDIE BERNICE JOHNSON of HEALTH CARE REFORM gress, it is my privilege to honor Amer- Texas asked and was given permission (Mr. HOYER asked and was given ica’s and Atlanta’s top news leader, to address the House for 1 minute.) Monica Kaufman Pearson, for her out- Ms. EDDIE BERNICE JOHNSON of permission to address the House for 1 minute.) standing career and significant con- Texas. Madam Speaker, for decades, tributions to broadcast journalism. women in this country have unfairly Mr. HOYER. Madam Speaker, I thank the gentlewoman from New We love you, Monica, and we’ll miss borne the burden of excessive health you. God bless you. care costs. Fortunately, through the York for yielding time. I’m proud to Affordable Care Act, millions of women stand with her and with other Demo- f cratic Members in support of women’s no longer have to worry about going THE AFFORDABLE CARE ACT bankrupt if they get sick. access to comprehensive, affordable The Affordable Care Act ensures that health care, access that was greatly ex- (Mr. MILLER of North Carolina being a woman will no longer be treat- panded by the Affordable Care Act asked and was given permission to ad- ed as a preexisting condition. The Af- which passed 2 years ago this week and dress the House for 1 minute.) fordable Care Act bans insurance com- which my Republican colleagues want Mr. MILLER of North Carolina. panies from requiring women to obtain to repeal. Madam Speaker, I rise today to sup- a referral for access to necessary OB/ Thanks to health care reform, over 13 port the provisions in the Affordable GYN care and bans insurance compa- million previously uninsured women Care Act that close the gender gap in nies from dropping women when they will gain access to health insurance. health care. Beginning in 2014, health get sick or pregnant. Thanks to health reform, insurance insurers cannot charge women more Despite these accomplishments in companies will no longer be allowed to just because of their gender. Health in- women’s health, the war on women discriminate against women by charg- surers cannot deny coverage because of continues in Texas. Governor Perry’s ing them higher premiums than men preexisting conditions like having sur- political decision to forgo nearly $40 for the same exact policy or by denying vived cancer or having been pregnant million in Federal funding for the them coverage altogether simply be- or having been a victim of domestic vi- Texas Medicaid Women’s Health Pro- cause they are women. Thanks to olence, a condition that is almost as gram will leave 130,000 women without health care reform, millions of women disproportionately experienced by access to preventative health services. with private insurance will no longer women as pregnancy. And health care Despite these obstacles, I will con- have to pay for preventive services like will have to cover preventive services tinue to fight for the increased access mammograms, cervical cancer screen- like mammograms, screening for cer- to quality health care for women in ing, contraception, and a host of other vical cancer and, yes, contraception. Texas. services. Republicans in Congress are trying to As a dad of three daughters, as a block these and other reforms so that f grandfather of two granddaughters, health insurers or employers or Mem- b 1210 and as a great grandfather of one great bers of Congress can make women’s granddaughter, I am glad we did that. health and reproduction decisions rath- PROTECTING ACCESS TO And thanks to the Affordable Care Act, er than trust those decisions to women. HEALTHCARE ACT preventive services are already free for Madam Speaker, women can make (Mr. BASS of New Hampshire asked Medicare beneficiaries. those decisions. They really don’t need and was given permission to address If I had the time, I’d say the other help from insurers or employers or the House for 1 minute.) benefits of this bill that we ought to politicians or radio talk-show hosts. Mr. BASS of New Hampshire. Madam keep, and I will not join my friend from Women want to make those important Speaker, today the Congress will take New Hampshire in trying to repeal a personal decisions for themselves, and up H.R. 5, Protecting Access to provision of this act. they should.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3848 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 PROTECTING ACCESS TO CONGRATULATING MONICA Women not only pay for standard in- HEALTHCARE ACT KAUFMAN PEARSON surance coverage, but they also pay a (Mr. WESTMORELAND asked and separate cost for maternity coverage. (Mr. OLSON asked and was given per- In Illinois, a 30-year-old woman must mission to address the House for 1 was given permission to address the House for 1 minute and to revise and pay $278 a month and an additional $270 minute and to revise and extend his re- a month for maternity coverage in case marks.) extend his remarks.) Mr. WESTMORELAND. Madam she needs it. Mr. OLSON. Madam Speaker, I rise Insurance companies claim that Speaker, I would like to join with my to speak in strong support of H.R. 5, these added costs are because women other Georgia colleagues today in con- the PATH Act, which will fix two of are more likely to visit doctors, get gratulating Monica Kaufman Pearson the worst problems with ObamaCare. It checkups, take prescription drugs, and on a distinguished career. repeals the Independent Payment Advi- have illnesses. Everyone knows that Ms. Pearson, known to most of us sory Board, a group of 15 bureaucrats preventative care—everyone but the in- that have been watching her for a long who will ration health care for seniors surance companies, apparently—saves on Medicare. time as Monica Kaufman, is retiring us money in the long run. We women in after more than 30 years as a H.R. 5 enacts medical liability re- the majority of the United States are ‘‘Nightbeat’’ anchor for WSB–TV’s and tired of being second-class citizens. form. Each year, one-fourth of Amer- Channel 2 News in Atlanta. ica’s doctors are hit with lawsuits, and I, along with many Georgians, have f 90 percent of them are later found inno- welcomed Ms. Pearson into my home IPAB cent. These frivolous lawsuits drive up every night while watching the news. (Mr. CASSIDY asked and was given costs and limit patients’ time with Although her retirement is well de- permission to address the House for 1 their doctors. In 2003, my home State served, she will be missed by us all. minute and to revise and extend his re- of Texas enacted liability reforms, After graduating from the University marks.) bringing more than 14,000 new physi- of Louisville, Ms. Pearson began her Mr. CASSIDY. Madam Speaker, I’m a cians to the Lone Star State. Many of career as a reporter for the Louisville doctor. And as a doctor who still treats these doctors moved to rural areas, fill- Times. Later she took part in the Sum- patients, I understand how important ing a critical gap in care. mer Program for Minority Groups at it is to have health care for the mil- Madam Speaker, these reforms have the Graduate School of Journalism, Co- lions of Americans who depend upon it, lowered costs and increased access to lumbia University of New York. Before particularly Medicare. Therefore, I care in Texas and will do the same for coming to Atlanta, Ms. Pearson fully support the repeal of the Inde- America. I urge my colleagues to listen worked in the public relations field and pendent Payment Advisory Board, a to the American people and support as an anchor for WHAS–TV in Louis- new government bureaucracy of 15 H.R. 5. ville. unelected, unaccountable officials cre- Even with her retirement, I know she ated by the President’s health care f will continue to be a role model for the law. citizens of Georgia and continue using Now, as it turns out, the IPAB can WOMEN’S HEALTH AND THE her helping hands to raise money for only save money by slashing payments AFFORDABLE CARE ACT charity and local community organiza- to physicians, to Medicare Advantage tions. plans and prescription drug plans— (Ms. DELAURO asked and was given I wish Ms. Pearson the best in her fu- things that our seniors depend upon permission to address the House for 1 ture endeavors. daily. I cannot imagine why my Demo- minute and to revise and extend her re- And, Monica, the nightly news will crat colleagues support making it more marks.) not be the same without you. Thank difficult for a senior to obtain the care Ms. DELAURO. Madam Speaker, you very much. that she needs and deserves. among the many beneficial reforms for f The faith that centralized planning women in the Affordable Care Act of the IPAB will be successful in con- passed 2 years ago this week is an end b 1220 trolling costs brings to mind Samuel to the discriminatory practice of gen- AFFORDABLE CARE ACT AND Johnson’s quote regarding second mar- der rating in which individual women WOMEN riages: ‘‘It is the triumph of hope over are charged more than men for the (Ms. SLAUGHTER asked and was experience.’’ same coverage. We know for a fact that given permission to address the House f these sorts of discriminatory policies for 1 minute and to revise and extend REMEMBERING THE REVEREND are not something that insurers would her remarks.) MAURICE MOYER just change on their own. Ms. SLAUGHTER. Madam Speaker, 2 According to a report that the Na- (Mr. CARNEY asked and was given years ago, I was really honored to serve permission to address the House for 1 tional Women’s Law Center released as the chair of the House Committee on earlier this week, over 90 percent of the minute.) Rules and bring this historic Afford- Mr. CARNEY. Madam Speaker, I rise best-selling plans in States that have able Care Act to the House floor. It was today to remember the Reverend Mau- not already banned gender rating still one of my proudest moments. I’m rice Moyer, who died Tuesday, March 6, charge women more than men for the standing here today, equally proud to at age 93. very same coverage. This costs women defend that law from the ongoing war Rev. Moyer was one of Delaware’s and their families approximately $1 bil- on women. most respected and beloved citizens, lion a year. Because we fought—and we When it comes to health care, women and a prominent civil rights leader. fought hard 2 years ago—gender rating are classified as a preexisting condi- As president of the Wilmington will be a thing of the past in 2014. At tion. For decades, women have been Branch of the NAACP from 1960 to 1964, long last, a woman’s health will be put routinely charged more for health in- Rev. Moyer led the fight for open pub- on equal footing with that of her surance than a man who seeks the very lic accommodations and fair housing. spouse, her son, or her brother. same coverage. He was part of the 1963 March on Wash- This is just one of the many benefits Did you know that if a business em- ington, and participated in the voting for women in the Affordable Care Act. ploys more women than men, it can rights march from Selma to Mont- I could not be more proud to have choose to raise everybody’s premiums, gomery in 1965. helped pass this piece of legislation, regardless of gender, to cover the high- Rev. Moyer fought tirelessly for which will transform women’s health er cost, which is, in their mind, of in- equal rights for all and was an inspira- in this country. suring women? tion to everyone who knew him. He did

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3849 so much to make Delaware and our companies making billions in profits Improving health care has long been country a better place for all of us. and tax breaks for corporations who a priority for women, reflecting their It was a privilege for me to know him are shipping our jobs overseas. It’s a experiences as patients, mothers, and personally and to join his family and matter of getting our priorities caregivers. For decades insurance com- friends for his 90th birthday party, straight, and the Republicans in Wash- panies have been able to deny coverage where we celebrated his incredible life ington just don’t get it. and charge higher rates for women sim- and legacy. We need to put Nevada’s seniors first, ply because of their gender. Thanks to I will always remember Rev. Moyer’s not Big Oil executives, not Wall Street the Affordable Care Act—the greatest broad smile, his strong voice, and his billionaires. We must focus on creating advancement for women’s health in a kind heart. My thoughts and prayers jobs, not on killing Medicare by turn- generation—this will no longer be go out to his family and friends. ing it over to greedy insurance compa- legal. This law moves us closer to the f nies. day when essential women’s health f services are covered, prevention is a IPAB MEDICAL MALPRACTICE REFORM priority, and care is coordinated. (Mr. BILIRAKIS asked and was given On the eve of the 2-year anniversary permission to address the House for 1 (Mr. SCALISE asked and was given of the Affordable Care Act, I join my minute and to revise and extend his re- permission to address the House for 1 colleagues in protecting health care re- marks.) minute.) form for women, and I rebuke all at- Mr. SCALISE. Madam Speaker, I rise Mr. BILIRAKIS. Madam Speaker, I tempts to continue discriminatory in strong support of H.R. 5, the bill rise today to express my concern with health insurance policies that result in that we’re bringing to the floor today the Independent Payment Advisory women paying more than men. to repeal the Independent Payment Ad- Board. This unelected bureaucracy is f another example of the extreme flaws visory Board, this group of 15 unelected in the massive health care overhaul. bureaucrats here in Washington, D.C., b 1230 that, under the President’s health care The power that would be wielded by THE HEALTH ACT OF 2011 the IPAB is unprecedented. More trou- law, would be able to ration care for our Nation’s seniors. (Mr. LATTA asked and was given bling, it diminishes the oversight abil- I think most hardworking American permission to address the House for 1 ity of Congress—a fundamental ele- families out there would much rather minute and to revise and extend his re- ment of our Nation’s system of checks the decisions on health care to be made marks.) and balances. between a patient and a doctor, not Mr. LATTA. Madam Speaker, I rise Many doctors and care providers in some unelected bureaucrats to be al- in support of H.R. 5, the Help Efficient, my home State of Florida are already lowed to ration our grandmother’s Accessible, Low-cost, Timely unable to accommodate the new Medi- care. So that’s why we’re repealing this Healthcare Act of 2012, which also con- care beneficiaries. The IPAB will cre- law. Hopefully, it’s going to be sent tains H.R. 452, the Medicare Decisions ate further uncertainty and could cer- over to the Senate, and we’ll finally be Accountability Act of 2012. I’m a co- tainly harm seniors’ ability to access able to get some good bipartisan sup- sponsor of both of these very important care. port over there. pieces of legislation. Madam Speaker, this health care bill As part of this reform, we are also The Independent Payment Advisory is not working. We hear about major not just repealing, we’re replacing with Board, IPAB, must be repealed, as this problems from every facet of the real commonsense medical liability re- board will have extremely negative health care system, both patients and form. This is something that should consequences on American families’ providers. Repealing the IPAB is an have been in the President’s law, but of health care. This board of unelected important step in rolling back this course his law wasn’t about reform; it members will be making decisions for deeply flawed and unpopular health was about a government takeover. We tens of thousands of Medicare patients. care bill. are actually putting in place legisla- The power to control the purse strings f tion that would put commonsense med- will give enormous power to control RYAN BUDGET PLAN ical liability reform in place. what type of care a patient receives. I According to the Harvard School of strongly believe that physicians and (Ms. BERKLEY asked and was given Public Health, 40 percent of medical patients are in the best position to de- permission to address the House for 1 malpractice suits filed in the United cide their own health care, and IPAB minute and to revise and extend her re- States are ‘‘without merit.’’ Well, what must be repealed. marks.) does that do? That dramatically in- In addition, the HEALTH Act is abso- Ms. BERKLEY. Madam Speaker, I creases the cost of health care because lutely needed. I’ve been working on feel as if it’s deja vu all over again. so many doctors out there will tell you medical malpractice issues since my Just 1 year ago, Washington Repub- that many of the tests they run on us time in the Ohio General Assembly licans proposed a plan to kill Medicare are not because of our health, to look when we passed successful tort reform. by turning it over to private insurance at health outcomes; it’s to avoid frivo- The current system is broken and companies. It passed the House and lous lawsuits. We finally addressed places a $210 billion burden on our Na- luckily failed in the Senate. that, lowering the costs and improving tion’s health system each year. H.R. 5 Now, just 1 year later, Republicans quality of care. will bring savings for patients and doc- are pushing yet another plan to kill f tors, and is an important step in help- Medicare and devastate Nevada seniors ing to make sure our Medicare liability WAR ON WOMEN’S HEALTH by forcing them to pay thousands more system works in this country. out of their own pockets for health (Mr. BUTTERFIELD asked and was I support both bills. care. Madam Speaker, it was a bad idea given permission to address the House f for Nevada seniors when it was first for 1 minute.) proposed, it’s a bad idea for Nevada Mr. BUTTERFIELD. Madam Speak- BENEFITS OF THE AFFORDABLE seniors now. er, over the past several months, we CARE ACT Unfortunately, these are the kinds of have seen Republicans wage war on (Mrs. CAPPS asked and was given priorities we have come to expect from women’s health. Nowhere can the Re- permission to address the House for 1 Washington Republicans. Instead of publican zeal for limiting women’s ac- minute and to revise and extend her re- strengthening Medicare, Washington cess to affordable quality health care marks.) Republicans have spent this year try- be seen more clearly than in their at- Mrs. CAPPS. Madam Speaker, I rise ing to undermine it in order to pay for tempt to dismantle the Affordable Care to recognize the ways that young peo- massive taxpayer giveaways to big oil Act. ple in my congressional district and

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3850 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 around the country are benefiting from Ms. PINGREE of Maine. Madam Mr. MORAN. Madam Speaker, today, the Affordable Care Act. Speaker, in the 2 years since its enact- in Sudan, tens of thousands of men, Before health reform, young adults ment, the Affordable Care Act has women, and children are huddled in were the age group most likely to be truly improved health care for families caves in the Nuba Mountains of South uninsured, losing their coverage right in Maine: Kordofan and at Blue Nile state, where after they left home and entered the It has given 190,000 seniors access to they’re hiding from aerial bombard- workforce; but thanks to the health re- free preventative care and saved them ment and rocket attacks unleashed by form law, 21⁄2 million young people, in- over $5 million in prescription drug the Sudanese Government in Khar- cluding nearly 10,000 in my commu- costs; it has allowed 7,000 young adults toum. nities, now have health insurance. And to stay on their parents’ insurance; They have nothing to eat because some of them have reached out to tell and, in Maine, it has helped 1,300 small they’ve not been able to plant crops us how the law is working for them and businesses provide their employees this year. And although the world for their families. with health coverage. stands ready to provide lifesaving as- Jamie from Santa Barbara wrote: More critical benefits are on the way, sistance, that same government in I got back on my parents’ insurance and including banning insurance companies Khartoum refuses to allow them access was finally able to visit the dentist and get from charging women more simply be- to it. When the rainy season descends a new prescription for eyeglasses that I des- cause of their gender. on Sudan in the coming weeks, it will perately needed. Yet here we are again, debating how be too late to get food in and these peo- Maria from Oxnard says: to undo these successes, debating how ple will face starvation. As a recent graduate. I felt completely vul- to block women’s access to contracep- Madam Speaker, for decades, this nerable. With health care reform, I am now tives, and, this week, considering pro- Congress and successive U.S. adminis- able to stay with my parents’ health insur- trations have expressed the will of the ance, which has given me peace of mind posals to dismantle Medicare and shift while I search for employment. the cost back to seniors. American people that we will not allow This must stop. We can’t afford to go Madam Speaker, health reform is so many innocent people to die in a back to the status quo—denying working for young people on Califor- struggle for land and power. women equal access to care, or telling I ask my colleagues to condemn the nia’s central coast. We must ensure the seniors they’re on their own, or letting Sudanese Government’s assault on in- law stays strong to keep them and families go bankrupt just because nocent people and denounce President their families healthy, and I’ll say the someone got sick. Omar al-Bashir’s decision to use food same for this entire Nation. We must let the Affordable Care Act as a weapon of war. f stand so more Americans have the We have little economic or political HONORING THE 40TH ANNIVER- chance to reap the benefits of true interest in this situation, but we do SARY OF TAN HOLDINGS COR- health care reform. have a profound moral obligation to PORATION f speak out. Khartoum must withdraw its armed forces, stop attacking civil- (Mr. SABLAN asked and was given DO NOT TURN THE CLOCK BACK permission to address the House for 1 ians, and allow humanitarian access minute and to revise and extend his re- (Ms. HANABUSA asked and was immediately. marks.) given permission to address the House f Mr. SABLAN. Madam Speaker, 40 for 1 minute.) Ms. HANABUSA. Madam Speaker, PERMITTING THE USE OF THE RO- years ago, Dr. Tan Siu Lin founded TUNDA OF THE CAPITOL FOR A what is known as Tan Holdings, the it’s been about 236 years since we de- clared independence, but it’s only been CEREMONY AS PART OF THE largest private employer in the North- COMMEMORATION OF THE DAYS ern Mariana Islands. 92 years since women could vote. We have fought for equality, fighting our OF REMEMBRANCE OF VICTIMS Over four decades, Dr. Tan, together OF THE HOLOCAUST with his wife and their children, nur- way from being second-class citizens. tured their small, homegrown business One such battle is the discrimination Mr. NUGENT. Madam Speaker, I ask into an international powerhouse. Tan in health care. unanimous consent that the Com- Holdings has become one of the re- For so long, insurance companies mittee on House Administration be dis- gion’s most important tourism busi- have denied coverage for preexisting charged from further consideration of nesses, with hotels, booking agencies, conditions like pregnancy, breast can- House Concurrent Resolution 108, and and, soon, an airline, Saipan Air. The cer, C-sections, and domestic abuse. ask for its immediate consideration in company also provides personal and Ninety percent of the best-selling plans the House. corporate insurance, distributes some charge women more. Some plans re- The Clerk read the title of the con- of the world’s best known consumer quire women to even get a pre-author- current resolution. goods in our islands, is active in real ization before they can seek OB–GYN The SPEAKER pro tempore. Is there estate, and publishes a newspaper. services. objection to the request of the gen- In addition to these business accom- From 2014, that will not be the case tleman from Florida? plishments, Tan Holdings has estab- because of the Affordable Care Act. But There was no objection. lished the Tan Siu Lin Foundation, just a few months ago, efforts by Re- The text of the concurrent resolution which has donated millions of dollars publicans were to block contraception. is as follows: to deserving causes and activities in Now the attempts are to repeal the Af- H. CON. RES. 108 our islands, setting an example of so- fordable Care Act. This is the act Resolved by the House of Representatives (the cial responsibility. that’s been the great equalizer for Senate concurring), Please join me in congratulating Tan women and children. SECTION 1. USE OF ROTUNDA FOR HOLOCAUST Holdings for its 40 years helping to Don’t let them turn the clock back. DAYS OF REMEMBRANCE CERE- We should not have to do another hun- MONY. build the economy of the Northern The rotunda of the Capitol is authorized to Mariana Islands and economies dred years of battle for equality. be used on April 19, 2012, for a ceremony as throughout Micronesia. f part of the commemoration of the days of re- f THE CRISIS IN KORDOFAN AND membrance of victims of the Holocaust. Physical preparations for the ceremony shall THE AFFORDABLE CARE ACT BLUE NILE be carried out in accordance with such condi- (Ms. PINGREE of Maine asked and (Mr. MORAN asked and was given tions as the Architect of the Capitol may was given permission to address the permission to address the House for 1 prescribe. House for 1 minute and to revise and minute and to revise and extend his re- The concurrent resolution was agreed extend her remarks.) marks.) to.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3851 A motion to reconsider was laid on The SPEAKER pro tempore. Is there a gap in the constitutional design of the table. objection to the request of the gen- our government. It had no provision for f tleman from Ohio? any administrative structure through- There was no objection. out the country. Both the Congress and HOUR OF MEETING ON TOMORROW Mr. STIVERS. I yield myself as much the Executive were housed in the Na- Mr. NUGENT. Madam Speaker, I ask time as I may consume. tion’s capital, and no agency was es- unanimous consent that when the I rise today to urge the House to con- tablished or designed to represent the House adjourns today, it adjourn to cur in two minor amendments made by Federal Government anywhere else. meet at 10 a.m. tomorrow. the Senate to H.R. 886, introduced by The need for a national organization The SPEAKER pro tempore. Is there the gentleman from Arkansas (Mr. quickly became apparent. objection to the request of the gen- WOMACK) and passed by the House last Congress and the President solved tleman from Florida? December with more than 300 cospon- that in part by creating specialized There was no objection. sors. agencies, like customs and revenue col- f The amendments, which are lectors to levy taxes and tariffs, but unobjectionable, merely certify that ANNOUNCEMENT BY THE SPEAKER there were still many other jobs in the the coins produced under the program PRO TEMPORE Federal Government that needed to be outlined in the bill will comply with done and no one to do them. The only The SPEAKER pro tempore. Pursu- existing law requiring that they be pro- officers available to do it were the ant to clause 8 of rule XX, the Chair duced at no cost to the taxpayers. marshals and their deputies. will postpone further proceedings Madam Speaker, 112 Congresses ago, So the marshals were pretty much today on the motion to suspend the during the first session of the first Con- the Federal Government throughout rules on which a recorded vote or the gress, George Washington signed into much of the country, and they pretty yeas and nays are ordered, or on which law the Judiciary Act and appointed much did everything. They took the the vote incurs objection under clause the first 13 men who formed the basis national census every 10 years until 6 of rule XX. for the Nation’s first Federal law en- 1870; they distributed Presidential Any record vote on the postponed forcement agency. The Marshals Serv- proclamations, collected a variety of question will be taken later today. ice will celebrate its 125th anniversary statistical information on commerce f in 3 years. This legislation authorizes and manufacturing; they supplied the b 1240 issuance of coins recognizing that anni- names of government employees for versary. the national register; and they per- UNITED STATES MARSHALS SERV- Surcharges on the coin sales will gen- formed other routine tasks that were ICE 225TH ANNIVERSARY COM- erate funds for a number of law en- really necessary for the central govern- MEMORATIVE COIN ACT forcement-related entities, primarily ment, the Federal government, to func- Mr. STIVERS. Madam Speaker, I the U.S. Marshals Museum. I urge tion effectively. move to suspend the rules and concur adoption of the bill as amended. Over the past 200 years, Congress and in the Senate amendment to the bill I reserve the balance of my time. the President have called on the mar- (H.R. 886) to require the Secretary of Mr. MILLER of North Carolina. shals to do all manner of things: to the Treasury to mint coins in com- Madam Speaker, I yield myself such carry out unusual and extraordinary memoration of the 225th anniversary of time as I may consume. missions like registering enemy aliens the establishment of the Nation’s first The Offices of the U.S. Marshals and in time of war, capturing fugitive Federal law enforcement agency, the Deputy Marshal were created by the slaves from that lamentable period of United States Marshals Service. first Congress in the Judiciary Act of our history, sealing the American bor- The Clerk read the title of the bill. 1789, the same legislation that estab- der against armed expeditions aimed at The text of the Senate amendment is lished the Federal judicial system. The foreign countries, and swapping spies as follows: marshals were given extensive author- with the Soviet Union. They remained Senate amendment: ity to support the Federal courts with- a law enforcement agency. At the end, add the following: in their judicial districts and to carry Within the last decade, the marshals SEC. 8. FINANCIAL ASSURANCES. out all lawful orders issued by judges, retrieved North Carolina’s, my State’s, The Secretary shall take such actions as by Congress, or by the President. copy of the Bill of Rights in a sting op- may be necessary to ensure that— Their first duty was to support the eration. North Carolina’s copy had (1) minting and issuing coins under this Federal courts, and they served sum- been stolen by Sherman’s men when Act will not result in any net cost to the mons, subpoenas, writs, warrants, and Sherman’s army came through Raleigh United States Government; other processes issued by the courts, after they went through Atlanta and (2) no funds, including applicable sur- made any arrests necessary, and han- charges, shall be disbursed to any recipient treated Raleigh with the same loving designated in section 7 until the total cost of dled the prisoners. They disbursed the attention and care that they had shown designing and issuing all of the coins author- money. The marshals paid the fees and Atlanta. We are proud now to have our ized by this Act (including labor, materials, expenses of the court clerks, the U.S. copy back and thank the marshals for dies, use of machinery, overhead expenses, Attorneys, the jurors, the witnesses. having done it. marketing, and shipping) is recovered by the They rented the courtrooms, the jail Madam Speaker, I support this de- United States Treasury, consistent with sec- space, hired the bailiffs, the criers— served honor for our Marshals service. tions 5112(m) and 5134(f) of title 31, United what we probably would now call a I reserve the balance of my time. States Code. bailiff—the janitors, and on and on. Mr. STIVERS. Madam Speaker, I The SPEAKER pro tempore. Pursu- They ensured the courts functioned yield such time as he may consume to ant to the rule, the gentleman from smoothly. They took care of the details the gentleman from Arkansas (Mr. Ohio (Mr. STIVERS) and the gentleman so that the judges and the lawyers WOMACK). from North Carolina (Mr. MILLER) each could concentrate on the cases before Mr. WOMACK. Madam Speaker, I will control 20 minutes. them. They made sure that the water thank the gentleman for his time, and The Chair recognizes the gentleman pitchers were filled, the prisoners were I thank the gentleman from North from Ohio. present, the jurors were available, and Carolina for his kind remarks, too. GENERAL LEAVE the witnesses were on time. I want to thank the Speaker of the Mr. STIVERS. I ask unanimous con- But that was really only part of what House and Leader CANTOR and Chair- sent that all Members have 5 legisla- the marshals did. man BACHUS for giving me the honor tive days in which to revise and extend When George Washington set up his and privilege of helping shepherd this their remarks and to add extraneous first administration and Congress first important piece of legislation through material to the bill. convened, they both quickly discovered the House.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3852 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 As was already mentioned in pre- and controlled by the respective chairs and The bill repeals a particularly egre- vious remarks, this bill, H.R. 886, ranking minority members of the Commit- gious part of the government takeover passed overwhelmingly through this tees on Energy and Commerce, the Judici- of health care: the Independent Pay- House with only a single dissenting ary, and Ways and Means. After general de- ment Advisory Board, or IPAB. bate the bill shall be considered for amend- In case you’re not aware, IPAB is the vote late last year in the first year of ment under the five-minute rule. In lieu of the 112th Congress. It’s gone over to the amendments recommended by the Com- 15-member panel created by the Senate, and it’s come back with an mittees on Energy and Commerce and the ObamaCare to rein in Medicare costs. amendment that simply reassures the Judiciary now printed in the bill, an amend- IPAB is made up of 15 unelected bu- American people that none of the pro- ment in the nature of a substitute consisting reaucrats. The majority are not doc- duction costs or other costs associated of the text of Rules Committee Print 112–18 tors, and their decisions will have the with the minting of this coin that com- shall be considered as adopted in the House force of law and will go into effect memorates the 225th anniversary of the and in the Committee of the Whole. The bill, automatically without the consent of as amended, shall be considered as the origi- Congress. We’ll get back to IPAB in a Marshals service will be borne by the nal bill for the purpose of further amend- taxpayers. moment. ment under the five-minute rule and shall be H.R. 5 also implements long-needed So it just further assures the dis- considered as read. All points of order cerning public out here that the effort against provisions in the bill, as amended, medical malpractice tort reform. I hear that we’re doing today in honoring a are waived. No further amendment to the all the time that we need to bring down great law enforcement agency in the bill, as amended, shall be in order except the cost of health care. My colleagues U.S. Marshals Service at the same time those printed in the report of the Committee on the other side of the aisle claim does not cost the taxpayers any money. on Rules accompanying this resolution. Each that the government takeover of such further amendment may be offered only health care would do just that, reduce So I urge strong support for this bill, in the order printed in the report, may be of- as amended. the cost of health care. fered only by a Member designated in the re- In fact, President Obama claimed it Mr. MILLER of North Carolina. port, shall be considered as read, shall be de- would lower premiums by $2,500 per Madam Speaker, we have no further batable for the time specified in the report family per year. We know that’s just speakers. equally divided and controlled by the pro- not the case. Since inauguration day in I yield back the balance of my time. ponent and an opponent, shall not be subject 2009, premiums have risen by $2,213, al- Mr. STIVERS. Madam Speaker, I to amendment, and shall not be subject to a most the same amount the President have no further speakers. I urge adop- demand for division of the question in the House or in the Committee of the Whole. All promised he was going to save us. The tion. points of order against such further amend- annual Kaiser Foundation survey of I yield back the balance of my time. ments are waived. At the conclusion of con- employer-provided insurance found The SPEAKER pro tempore. The sideration of the bill for amendment the that average family premiums totaled question is on the motion offered by Committee shall rise and report the bill, as $12,860 in 2008 and are now $15,073 in amended, to the House with such further the gentleman from Ohio (Mr. STIVERS) 2011. Moreover, the CBO, the Congres- that the House suspend the rules and amendments as may have been adopted. The previous question shall be considered as or- sional Budget Office, projects the law’s concur in the Senate amendment to new benefit mandates will force pre- the bill, H.R. 886. dered on the bill, as amended, and any fur- ther amendment thereto to final passage miums to rise on top of that $15,000 by The question was taken. without intervening motion except one mo- $2,100 per year per family. The SPEAKER pro tempore. In the tion to recommit with or without instruc- Malpractice reform, on the other opinion of the Chair, two-thirds being tions. hand, will most definitely reduce the in the affirmative, the ayes have it. The SPEAKER pro tempore. The gen- cost of health care. We’ve seen what Mr. MILLER of North Carolina. tleman from Florida is recognized for 1 defensive medicine is: CAT scans or- Madam Speaker, on that I demand the hour. dered, antibiotics prescribed, blood yeas and nays. tests conducted—not because the doc- b 1250 The yeas and nays were ordered. tor thought they were necessary, but The SPEAKER pro tempore. Pursu- Mr. NUGENT. Madam Speaker, for because he or she was scared that if ant to clause 8 of rule XX, further pro- the purpose of debate only, I yield the they didn’t order them they would be ceedings on this question will be post- customary 30 minutes to the gen- sued for not prescribing them. poned. tleman from Florida (Mr. HASTINGS), A Department of Health and Human f pending which I yield myself as much Services study said that defensive med- time as I may consume. During consid- icine costs between $70 billion to $126 PROVIDING FOR CONSIDERATION eration of this resolution, all time billion a year. That’s billions. The CBO OF H.R. 5, PROTECTING ACCESS yielded is for the purpose of debate estimate takes a little more moderate TO HEALTHCARE ACT only. stance, putting that number around $54 Mr. NUGENT. Madam Speaker, by di- GENERAL LEAVE billion. Let me tell you, $54 billion, $70 rection of the Committee on Rules, I Mr. NUGENT. Madam Speaker, I ask billion, $126 billion, that’s a lot of call up House Resolution 591 and ask unanimous consent that all Members money in anybody’s terms. for its immediate consideration. have 5 legislative days to revise and ex- I’ve heard from a lot of folks they are The Clerk read the resolution, as fol- tend their remarks. opposing the legislation because it de- lows: The SPEAKER pro tempore. Is there fies States’ rights. I have to say I’m particularly surprised to hear so many H. RES. 591 objection to the request of the gen- of my colleagues on the other side Resolved, That at any time after the adop- tleman from Florida? tion of this resolution the Speaker may, pur- There was no objection. making this argument. I’m happy to suant to clause 2(b) of rule XVIII, declare the Mr. NUGENT. Madam Speaker, I rise see they’ve come to recognize the im- House resolved into the Committee of the today in support of this rule, House portance of States’ rights and of State Whole House on the state of the Union for Resolution 591. sovereignty. I hope that means that we consideration of the bill (H.R. 5) to improve H. Res. 591 provides a structured rule can count on them for their support patient access to health care services and so that the House may consider H.R. 5, and efforts in moving forward to take provide improved medical care by reducing the Help Efficient, Accessible, Low- Federal power away from Washington, the excessive burden the liability system cost, Timely Healthcare Act of 2012. D.C., and return that power back to the places on the health care delivery system. The rule provides for 6 hours of debate States, where it belongs and where our The first reading of the bill shall be dis- pensed with. All points of order against con- on this vital issue. Founding Fathers envisioned it to be. sideration of the bill are waived. General de- In my opinion, the HEALTH Act is I want to take a moment to make it bate shall be confined to the bill and amend- one of the most imperative pieces of clear to my colleagues on both sides of ments specified in this resolution and shall legislation to come to the floor of the the aisle why this bill, H.R. 5, does not not exceed six hours equally divided among House in the 112th Congress thus far. trample on the rights of our States.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3853 In the modern era, Congress has en- and from President Obama. H.R. 5 sets limitations will extinguish our rights acted many Federal tort reform stat- forth a new way forward, a way that and have devastating consequences for utes to supersede contrary State laws, says we don’t need Washington bureau- individuals harmed by physicians and including recent Federal tort reform crats, who haven’t even practiced med- medical products. protecting the vital domestic firearms icine, telling us what’s best for us. In addition, this bill seriously en- industry, and judicial precedents leave We need to sit down with our doctors croaches on the 10th Amendment of the little doubt as to their constitu- and come up with individual treatment Constitution by preempting State laws. tionality. Even President Reagan, who plans, a way that actually does some- And I’m not buying the confusion of- was an unabashed champion for the thing about health care costs by re- fered in the Rules Committee yester- States, established a special task force moving frivolous lawsuits from the day nor by my good friend from Flor- to study the need for tort reform, equation, a way forward that means ida. I know preemption when I see it. I which concluded that the Federal Gov- States’ rights are still protected while know the 10th Amendment, and I know ernment should address tort reform also protecting seniors’ rights to the that people have stood for the 10th across the board. best health care options available. Amendment. I need not remind my col- I fear that the folks who are claiming leagues that countless Republicans the 10th Amendment and States’ rights b 1300 have made statements regarding this aren’t looking at the entirety of H.R. 5. Madam Speaker, I support this rule, particular matter not fitting within They aren’t looking at all of the provi- and I support the underlying legisla- the framework of the 10th Amend- sions that make it clear that the caps tion, and I encourage all of my col- ment’s commerce provision. created in this bill only apply to States leagues to do the same. My Republican colleagues like to that don’t already have their own caps. With that, I reserve the balance of talk about frivolous lawsuits and un- These provisions—‘‘flexi-cap’’ they my time. reasonably large jury awards. But I are called—recognize that any State Mr. HASTINGS of Florida. Madam asked the question yesterday of the amount on caps takes precedence to Speaker, I yield myself such time as I maker of this particular provision, this piece of legislation. That means if may consume. what is his leg worth? It’s easy for us a State has a billion-dollar cap, good I rise in opposition to H.R. 5. Not here inside the beltway, and it’s easy for them, let them keep it. It also only does this bill overlook the rights for us on the Republican or Democratic means that if a State has a $100,000 cap, of injured patients, but it’s also an at- side, liberal or conservative, to be they can keep it, too. If a State decides tempt by the House Republican leader- about the business of talking about to pass a law and establish a cap on ship to dismantle the Affordable Care somebody’s harm. Then what happens their own to change their existing cap, Act. is, all of the lawyers that are the bad they should go ahead and do it because I would remind my friend from Flor- people of the world, everybody wants H.R. 5 isn’t going to do anything to ida that there is no example that al- the best lawyer when it is them and stop them from doing that. lows for any of us to have it both ways. their problem that is a problem. H.R. 5 clearly ensures that it is a This matter violates the Constitution I asked the maker of the bill, how State’s right to set its caps where it and, clearly, not just for those who much is his leg worth? When you cut wants them. I understand that trial argue the 10th Amendment from a con- off the wrong leg, who can stand among lawyers won’t like the Federal limit. servative or a liberal perspective. It is us and say that $250,000 is enough? So Luckily, I really worry about the all of us that feel very strongly that where did that cap come from? It came American people as a whole, not just this measure usurps the power of from a 1978 provision, $250,000. This is what trial lawyers have to say. States. 2011, moving fast with costs rising. I ask anybody here or that is within I know this may be speculation, but I’m fond of saying what Randy I think that special interest groups the range of this particular measure at Barnett, constitutional law professor and, perhaps, some of the new converts this time, please tell me, when did your at Georgetown, said, that people seem to the 10th Amendment are hiding be- health care insurance costs go down? I to be fair-weather federalists, and they hind the States’ rights argument be- don’t know of any example. I have been abandon federalism whenever it is in- cause, in fact, they just don’t want to paying health care insurance for 49 convenient to someone’s policy pref- see their own profits go down. But I years, and it’s gone up repeatedly dur- erences. fear that the States’ rights discussion ing that period of time. And I don’t H.R. 5 combines two completely un- is a red herring that only gets us off care whether there was a Republican related measures. The first one is the the most important issue, the issue President or a Democratic President, reform of our Nation’s medical mal- that I started off with, the Independent health care costs went up, and I don’t Payment Advisory Board. Plain and practice system. The second one is the think that this little measure here is simple, IPAB is going to cut the health repeal of the Independent Payment Ad- going to bring it down. care that our Nation’s seniors can re- visory Board, which was established by What do you think about the family ceive. the Affordable Care Act. Please don’t in Chicago whose perfectly healthy This Medicare-rationing board, which get me wrong; I’m fully aware of the baby was born lifeless because the hos- is what this is, will decide the value of challenges inherent to our medical li- pital team failed to provide him with medical services and impose price con- ability system. The excessive cost of proper oxygenation during labor and to trols that will slash senior access to medical malpractice insurance faced by perform an emergency cesarean section doctors and other health care pro- physicians seriously impairs our Na- on the mother? The boy is now 5 years viders. We see this happening already. tion’s health care system by encour- old, suffers from permanent neuro- The Centers for Medicare & Medicaid aging the practice of defensive medi- logical damage, and is totally depend- Services actuary has confirmed that cine. This contributes to higher health ent on the care of his parents for all his large reductions in Medicare payment care costs for both doctors and patients daily activities. You ask his parents if rates to physicians would likely have as well as diminished access to care for $250,000 is enough for a lifetime of care. serious implications for beneficiary ac- consumers. Oh, no. cess to care, utilization, intensity, and But while I agree that our medical li- Then you say, well, thrust it on the the quality of that care. As Donald ability system needs to be changed, I States. Let Medicaid take care of it. Berwick, President Obama’s appointee do not believe that it should be at the And then what you do under the Ryan as the Medicare administrator, said: expense of the fundamental rights of budget, my good friend, is you say The decision is not whether or not we will patients, including their ability to seek block-grant Medicaid. I saw that movie ration care. The decision is whether we will compensation for wrongful injuries. In- in Florida when they block-granted ration with our eyes open. deed, this bill imposes an arbitrary and Medicaid, and it was used for every- H.R. 5 takes that choice away from unfair cap on noneconomic damages thing else other than for poor people. Administrator Berwick, from IPAB, that injured patients can receive. Such Something is wrong with that movie.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3854 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 What about the judge in Palm Beach them think that somehow or another I wanted to come down here and talk County who had a surgical sponge left we have the solution here. about the rule. My colleague from in his stomach after having abdominal b 1310 Florida has just made a very impas- surgery and had to wait 5 months to sioned case for why he is likely going have it removed? By then, the pus and Health care costs have gone up, and to be voting ‘‘no’’ on the underlying bile-stained mass measured more than they’re going to continue to go up legislation. If I understood his com- a foot long and a foot wide, and the until we as men and women in the ments correctly, I’m guessing that it’s rotted part of his intestine had to be House of Representatives and in the going to be a ‘‘no’’ vote after we have removed. Ask him if a lawsuit was friv- United States Senate and as the Amer- finished 6 hours of debate on this bill— olous. ican people sit down and decide that 6 hours of debate—which is the kind of Each case and each injury is dif- this is a solvable problem which will debate that a bill of this nature de- ferent. It is not the role of Congress to allow us to address those things that mands. And I’m very proud that the decide the fate of these individuals and are vital in this country. Rules Committee set aside that kind of families devastated by malpractice by The bill is a complete waste of time. time. I was fortunate enough to have establishing arbitrary limits on the fi- It does nothing in addition to going no- one of my amendments made in order nancial compensation that they are en- where. It does nothing to help the by the Rules Committee, as was my titled to. American people. It contains nothing friend from Florida, but a lot of Mem- As you all know, the medical mal- to improve the affordability and acces- bers were not. practice portion of this bill is actually sibility of health care. And repealing I wanted to come down here, Madam a pay-for, meant to offset the repeal of IPAB, if you want to talk about frivo- Speaker, to speak to the authorizers, the Independent Payment Advisory lous, that’s what frivolous is. Let us the chairmen out there who are send- Board, IPAB. IPAB is a board of 15 phy- give the American people what they ing this legislation to the floor. Be- sicians and experts established by the really need right now—and that’s jobs. cause what we have in this House is Affordable Care Act to find ways to How many times do we have to say called the CutGo rule, which says if control health care costs associated that down here for people to finally get you bring a bill to the floor that’s ac- with Medicare. it? tually going to do some reducing of the Under the act, IPAB will make rec- Frankly, I’m appalled by the hypoc- Federal deficit, if you’re going to be ommendations to slow the growth rate risy of my Republican colleagues who bold enough in this House to send a bill in Medicare spending if spending ex- keep stating that Federal spending to the floor that’s going to reduce the ceeds a certain target rate. The Con- needs to be kept under control. But at burden that we’re placing on our chil- gressional Budget Office estimates that the first opportunity they wind up re- dren and grandchildren everyday, then the repeal of IPAB would increase di- jecting one of the most serious tools in nothing that happens on the floor of rect spending by $3.1 billion over 10 place to actually tackle Medicare the House as we try to amend that bill years—$3.1 billion. Now is not the time spending and find ways to make care will be allowed to reduce that savings. to repeal measures that can save our more affordable. So when a bill comes to the floor, as Nation money and reduce our deficit What are the Republicans offering to this bill has, H.R. 5, that has a very without offering any substitute, and replace IPAB? Nothing. Since the be- high CutGo number in it, we’re in a that’s the take-away from this. ginning of the 112th Congress, the Re- box. It cannot be amended with dif- My friends say don’t do IPAB; and I publican majority has sought to repeal ferent ideas because those ideas are ei- say to my friends, well, what do you as many provisions of the Affordable ther not germane—germaneness means do? And you do nothing. That’s what Care Act as possible without providing that it has to be relevant to the under- you do, and that’s what you’ve been any replacement and absolutely no lying legislation—or they can’t cut any doing here in the Congress since we long-term solution. If we do nothing, additional funds. So what we had to do came here. We have given ‘‘do-nothing Medicare costs will continue to in- in the Rules Committee yesterday was Congress’’ a new meaning. Rather than crease, thereby increasing the burden reject amendment after amendment dealing with jobs, the things that peo- on millions of seniors, disabled individ- after amendment that our colleagues ple are completely interested in, rather uals, and their families all across this offered that we would ordinarily have than passing the infrastructure meas- country. made in order here on the House floor ure that the Senate has passed that What is the Republican plan? What is in what has been the single most open will deal immediately with jobs in the plan? It is to replace Medicare with Congress that I have seen in my life- America, we are here passing a meas- the new Ryan budget introduced yes- time. I’m a freshman on the floor of ure—and it will pass the floor of the terday. It is to replace it with some this House, but I’ve been watching this House of Representatives—that will go kind of premium that is nothing but a institution. This is the single most to the Senate and go nowhere. So then voucher system that would certainly open Congress I’ve seen in my lifetime, what did we do? We did nothing. result in increased costs for seniors and but we were not able to make more The Congressional Budget Office also reduced benefits. amendments in order because they estimates that, thanks to the cost-sav- The truth is that the Republicans were not germane or they violated ing mechanisms in place in the Afford- have no plan to reduce Medicare, and I CutGo. To the Rules Committee’s cred- able Care Act, IPAB will not likely be defy them to present it. If you look at it, we did not waive CutGo. We com- required to act for the next 10 years. the budget that was released yester- plied with the rules of this House. I heard my colleague, just a minute day, it’s all filled with blank spaces— But I just say to my friends who are ago, say that health care costs have and I’ll fill in the line—nothing, noth- on those authorizing committees, if gone up since President Obama has ing, nothing. So, instead of just repeal- you want to take advantage of the been in office. My mom is fond of say- ing IPAB, let us improve it, reform it Rules Committee in this Congress that ing that if we’re going to keep pointing or replace it. By doing nothing, it’s is providing more opportunity for more back to the other President—if Obama surely not going to fix the problem. debate and more amendment and more says Bush did it, and Bush says that I reserve the balance of my time. discussion than we have seen in dec- Clinton did it, and then Clinton said Mr. NUGENT. Madam Speaker, I ades, you need to be cognizant when that Bush did it, and Bush said that yield 3 minutes to my fellow member you send those bills to the Rules Com- Nixon did it, and Nixon said that Car- of the Rules Committee, a freshman, mittee that we are not inclined to ter did it—then we could just point ROB WOODALL from Georgia. waive CutGo—and rightfully so—and back to George Washington and say Mr. WOODALL. Madam Speaker, I we are not inclined to waive the ger- George Washington did it then and get very much appreciate that. I thank my maneness rules—and rightfully so. it all over with rather than continuing colleague on the Rules Committee for What that means today is we’re this charade before the people, making yielding. going to have the narrow discussion,

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It’s going to ration health care expansive rule to the floor and in genu- here, but the House Republican leader- out because that’s the only way that inely providing the kind of opportunity ship won’t put this bill on the floor. So panel can save money for the Afford- for debate, even though I disagree with instead what we’re going to do is have able Care Act. It was designed that my friend from Florida on his under- what are recurring debates about way. It was designed to keep us—the lying assertions, providing the oppor- whether to repeal the health care bill. American people that are going to use tunity for debate the likes of which People feel very strongly about the that service, that medical care—from America has not seen in decades. health care bill, pro and con; but I getting it because physicians, when Mr. HASTINGS of Florida. Madam think most people feel even more they get their payments cut, will no Speaker, my friend from Georgia—and strongly it’s the wrong thing for us to longer offer service. So where are we he is my friend—pointed out that his be talking about right now. If there’s a supposed to go? That is rationing. amendment was made in order yester- bill that three-quarters of the Senate That’s taking away service from people day. I might add, in keeping with the voted for to put Americans back to that need it the most, from those sen- notion if you can’t have it both ways, work, why don’t we vote on that here iors that have paid into this system for he would strike all the findings. And it today? Instead, what we’re going to do their lifetimes and who are now de- seems to me that that’s admitting jus- is vote on repealing part of the bill pending on it to be there when they tification for the authority to pass that talks about a committee that medically need it the most. Federal tort reform. But it directly might or might not take action 5 years This is about the seniors that are in contradicts the same constitutional ar- from now to do something about the my district. I have 250,000 seniors, a guments they will be making next way Medicare money is spent. quarter of a million, that rely upon Medicare. And if we’re going to start week before the United States Supreme b 1320 Court in their effort to repeal the Pa- rationing care to them, I think it’s im- tient Protection and Affordable Care I think if you said to a Republican or moral, it’s unethical, and it’s not the Act, a bill which many of the same a Democrat, a liberal or a conservative way we should be doing it. We should conservative lawmakers argue that anywhere in this country, What would be doing it by the free market. We Congress did not have the constitu- you like your House of Representatives should be talking about tort reform. Everybody agrees we need tort reform. tional authority to pass. to be voting on today: a bill that three- I am very pleased to yield 3 minutes quarters of the Senate agreed to to put Even the gentleman from Florida to my very good friend from New Jer- construction transportation workers talked about the high cost of medical sey, a member of the Budget Com- back to work, or a bill that will decide malpractice insurance. Well, where mittee, the distinguished gentleman whether a body will or won’t act 5 does that come from? It doesn’t just spring up out of the Earth. It comes up (Mr. ANDREWS). years from now on the way Medicare is Mr. ANDREWS. I thank my friend for going to be run? I think we all know because of a reason: because of the in- yielding. the answer to that. creased cost to provide medical mal- Whether you’re a Republican or a The right thing to do is to oppose practice. And, particularly for doctors, Democrat, a liberal or conservative, no this rule and instead put on the floor where it drives up the cost of medical matter where you live, I think most the Senate transportation bill that care is that defensive medical care. people agree that the number one issue three-quarters of the Senate voted for. That’s what’s driving up the cost along confronting our country is the lack of Let’s approve it, let’s put it on the with the premiums that they have to jobs for the American people. It is the President’s desk, and let’s finally work pay because of the lack of tort reform. Madam Speaker, I reserve the bal- central issue of our times, central together to put Americans back to work. ance of my time. problem of our times. The American Mr. HASTINGS of Florida. I yield Mr. NUGENT. Madam Speaker, I love people want us to look forward and myself such time as I may consume, the hyperbole. I love my friend from work together and solve that problem and I will be very brief before yielding Florida’s passionate discourse earlier rather than looking backward and re- to my friend from the Rules Com- in this conversation. But he was right. litigating political debates. mittee. One hundred ninety-five days ago, You can’t have it both ways. My friend from Florida says that he the President of the United States Here’s the problem. In their idea of appreciates the hyperbole. I hyperbole came to this Chamber and set forth a having it both ways, they talk about on occasion when I find that my friends series of specific ideas to put Ameri- medical malpractice as if, if we do who are taking positions that are going cans back to work. One of those ideas nothing, things get better. If we ignore to hurt people require everything from was to put construction workers back tort reform, things get better. If we ig- hyperbole to passion to try to get the to work in repairing and building our nore tort reform, costs of health care American people to readily understand. roads and bridges, building schools, will stay the same. Well, in fact, it And to demonstrate what I’m talking wiring schools for the Internet, and in hasn’t. It continues to rise. about, my friend just stood and said putting our construction industry and We talk about higher health care that the IPAB board will be rationing. transportation industry back to work. costs, but when we talk about that and The statute, the provision giving rise We’re going to spend 6 hours debating we talk about IPAB in particular, 15— to it, if it ever comes into existence in whether to repeal part of the health 15—unelected bureaucrats. The max- the future, specifically says that they care bill—again. We’re not going to imum number that can be on that cannot ration. I don’t know whether spend 6 minutes debating a bill that panel is seven physicians—seven—so my friend read that provision or not. would put our construction workers they’re outvoted already. They’re out- But I am pleased to yield 1 minute to back to work fixing our roads and voted 8–7. No matter what they think my friend on the Rules Committee, the bridges. is the proper care for a patient, they’re gentleman from Colorado (Mr. POLIS). The Republican leadership of the going to be overridden by eight other Mr. POLIS. I thank the gentleman House is kind of isolated on this be- bureaucrats that have nothing to do from Florida. cause Democrats in the other body with providing health care to our sen- We’re in an unusual situation here voted for a bill to put our construction iors—not a thing. where the same people on the other workers back to work; and Republicans It’s all going to be about costs. And side of the aisle who decry the regula- in the other body voted for the same they’re right: that’s how you’re going tion of what insurance providers have

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Well, Sec- ance companies not be allowed to dis- name or that you know it when it’s a retary Ray LaHood, a former distin- criminate based on preexisting condi- duck, and all of that kind of stuff. guished Member of this body, Repub- tions, on the other hand they say we Well, a voucher by any other name is lican from Illinois, current Transpor- need to replace the State tort systems, still a voucher, and you’re going to tell tation Secretary, described it as the all 50 of them, with one overarching me that that’s a good system? worst highway bill he’s ever seen. He’s Federal approach with regard to mal- I yield to my friend. been in public life for 35 years; he said practice. Mr. NUGENT. If you look at what the it was the worst he’s ever seen. So whereas there is no Federal role Ryan plan said, it also talks about The bill was drafted in the dark of in protecting patients from being what we currently have today and that, night without any Democratic input. dropped by their insurers, from pre- if you want to keep what you have Remarkably, it removed transit from venting insurance companies from ex- today in the way of Medicare, you keep the highway trust fund—removed the cluding individuals because they had it. But if you want to go out and buy guaranteed Federal funding that’s been childhood asthma, because they’re a your own insurance through a select in place on a bipartisan basis for 30 breast cancer survivor, and in many group, you can do it, just as you can years, removed it. It couldn’t attract, cases even because they have a child, today, in regards to Medicare Advan- understandably, a single Democratic while there is no Federal role for that, tage, but that’s a choice that I can vote; but they found out on the way to somehow there is a Federal role in make. the floor that they couldn’t get enough micromanaging the way in which I thank you for giving me the time. Republican votes to pass it either. somebody who was wrongfully injured Mr. HASTINGS of Florida. I reclaim Now, I’m proud to be offering the by a botched procedure can seek re- my time only to say that you had it Senate bill, MAP–21. We’re calling it H.R. 14 here in the House. This bipar- course. right, ‘‘select.’’ For example, our Gov- tisan legislation should refocus the dis- I ask my colleagues, not only where ernor in the State of Florida had one of cussion on jobs and economic opportu- is the consistency, but how can we rec- those select provisions, and he’s one of nities rather than the Republican mes- oncile this with our values as Ameri- those people that wants us to turn ev- sage this week of tearing down Medi- cans? erything over. Mr. NUGENT. Madam Speaker, I care and protecting the 1 percent at I happened to have had the good for- have to agree with my good friend from the expense of middle class families. tune yesterday of having the chairman Florida on one issue, and that’s in re- MAP–21, or H.R. 14, represents a bi- of Blue Cross Blue Shield visit me, who gard to rationing. You’re right, it’s not partisan path forward that makes thinks that this particular measure is in the act. But if it walks like a duck, meaningful reforms and provides cer- quacks like a duck, then it’s a duck, something that would be helpful in his tainty to States. MAP–21 passed over- because this board, this unelected industry, but that’s something for an- whelmingly in the Senate with a bipar- other day. board, is going to make decisions that tisan majority. As you heard Mr. AN- Congress can’t even touch. This board Madam Speaker, if we defeat the pre- DREWS say, three-quarters of the Sen- is going to say, this is the amount of vious question, I’m going to offer an ate voted for this bill. It’s fully paid money we will pay for this procedure. amendment to the rule to provide that for—something that the House Repub- It doesn’t matter if that’s what the immediately after the House adopts licans seem unable to come close to procedure costs. It doesn’t matter that this rule that it bring up H.R. 14, the achieving—and the MAP–21, H.R. 14, this doesn’t cover the cost of the physi- House companion to the bipartisan pay-fors are less controversial than the cian. It doesn’t matter that what’s Senate transportation bill. pay-fors in the House Republican bill. going to happen is our physicians are b 1330 It’s been estimated that this bill will save 1.8 million jobs and create up to 1 going to refuse to see those patients. I am pleased now to yield 3 minutes Madam Speaker, that is rationing. million more jobs. During a weak eco- to my good friend, the distinguished Call it what you want. That is ration- nomic recovery looking for a jump- gentleman from New York (Mr. ing when you have an independent start, why aren’t we passing this bill? BISHOP). board that can make decisions in re- Why aren’t we even debating this bill? Mr. BISHOP of New York. I thank gard to the cost of services that you’re Why are we 10 days away from the ex- my friend from Florida for yielding. going to make or decisions for you to piration of the current extension and Time and time again over the last have services by a particular doctor. there is no plan in this House to move We see it already today. In my physi- several months, we have heard from forward? cian’s office it already says, ‘‘We do Republican leadership. We’ve heard Is H.R. 14 the silver bullet to our sur- not take new Medicare patients.’’ their talk about the highway bill, H.R. face transportation needs? No, it’s not. It’s going to get worse. And this 7, and they’ve talked about it as their The SPEAKER pro tempore. The board, while it may not call it ‘‘ration- principle jobs bill for the 112th Con- time of the gentleman has expired. ing’’—I give them great credit for not gress. Well, here we are, March 21, 10 Mr. HASTINGS of Florida. I yield the putting that in the terminology of the days before the expiration of the cur- gentleman 1 additional minute. Affordable Care Act—it is rationing no rent extension of the surface transpor- Mr. BISHOP of New York. I appre- matter what you call it. tation bill, and where are we with re- ciate the gentleman for yielding. I reserve the balance of my time. spect to this incredibly important jobs There is no silver bullet when it Mr. HASTINGS of Florida. I yield legislation? We’re nowhere. We’re abso- comes to our infrastructure needs. I, myself such time as I may consume. lutely nowhere. and a great many others, would prefer I would be happy to yield to my As of today, House Republicans have a 5-year bill; but given the hyper-par- friend just for a moment. So then what yet to put forward a credible highway tisan fashion in which the House Re- you’re saying is, the IPAB board, reauthorization that puts Americans publicans have advanced H.R. 7 and which may bring down costs—and I back to work. Their only attempt, H.R. some of the deeply flawed proposals in- might add you just said that Congress 7, the Boehner-Mica authorization, was cluded in their bill, H.R. 14 is the only could not touch it, quoting you—that’s passed on February 14 in the Transpor- proposal out there that currently not true. Congress could change it as tation Committee—passed on a party- Democrats and Republicans can stand long as it stays within the prescribed line vote with, in fact, a couple of Re- behind. Democrats will not wait limits, and that is simply what the publicans voting against it. Then some- around for House Republicans to pan- law, itself, says. thing happened on the way to the floor. der to their base and chase ideological But what is the Republican plan? As On the way to the floor, the Republican extremes. Americans want jobs and I understand it from Mr. RYAN’s budget leadership realized that they didn’t safe roads and safe bridges.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3857 The Senate passed the biggest job- antitrust suits are brought as class ac- Mr. NUGENT. Madam Speaker, I con- creating bill in this Congress by an tions. Individuals do not have the re- tinue to reserve the balance of my overwhelming bipartisan margin. The sources to take on the insurance indus- time. try. House has done nothing. Let’s get this b 1340 country moving again by passing H.R. So they’re going to take something 14 so the President can sign it. Let’s that in the last Congress was bipar- Mr. HASTINGS of Florida. Madam create jobs. Let’s make it in America, tisan—a bill I had to take away, really Speaker, would you tell me just how and let’s pass this bill. take away, the antitrust immunity in much time I do have. Mr. NUGENT. Madam Speaker, may I the insurance industry and give a ben- The SPEAKER pro tempore. The gen- inquire of my good friend from Florida efit to all consumers in this country, tleman from Florida has 21⁄2 minutes how many more speakers he may have. passed this House by 406–19—and now remaining. Mr. HASTINGS of Florida. I appre- they’re going to fake out, they think, Mr. HASTINGS of Florida. Madam ciate the gentleman for asking. the American people by pretending Speaker, I thank my friend for the de- Madam Speaker, would you advise they’re taking on the insurance indus- bate and the time that he’s allowed us. both of us how much time each has. try while they’re filling their pockets I thank all of our colleagues who came The SPEAKER pro tempore. The gen- with contributions from them. here. tleman from Florida (Mr. HASTINGS) Good work, guys. This H.R. 5 is going to be devastating has 6 minutes remaining, and the gen- Mr. NUGENT. Madam Speaker, I’m a to medical malpractice victims. Pa- little confused because I thought we tleman from Florida (Mr. NUGENT) has tients shouldn’t have to pay the price were talking about other issues than 14 minutes. for excessive malpractice insurance. what the gentleman was just speaking Mr. HASTINGS of Florida. I have If we want to reform the medical li- to, particularly as relates to IPAB and more speakers than I have time; but I ability system, let us start with ad- about tort reform. know that during that period of time, dressing insurance costs and physi- I’ll be happy to reserve the balance of cians’ premiums. Let us start with I’m going to have at least two more my time. finding strategies to reduce and pre- speakers and possibly three. Mr. HASTINGS of Florida. Madam Mr. NUGENT. I continue to reserve Speaker, I am very pleased to yield 1 vent mistakes and crack down on re- the balance of my time. minute to my good friend, the distin- peat offenders. Today, 5 percent of all Mr. HASTINGS of Florida. Madam guished gentlewoman from California doctors are responsible for 54 percent of Speaker, I am very pleased to yield 2 (Ms. RICHARDSON). malpractice claims paid. minutes to my good friend, the distin- Ms. RICHARDSON. I thank the gen- Let’s not start with penalizing pa- guished gentleman from Oregon (Mr. tleman for yielding so that I might tients for injuries due to no fault of DEFAZIO). speak to the House companion bill to their own. Let’s not give the American Mr. DEFAZIO. Repeal and replace, MAP–21, or H.R. 14, of which I’m a co- people another reason to believe that that’s what the Republicans said they sponsor. Congress is out of touch. Thousands of will do. Well, what’s the replacement? MAP–21, which we call H.R. 14 going people die each and every year due to Apparently, it’s the Ryan voucher forward, will generate jobs, repair medical malpractice. This is not frivo- plan, which will stick it to seniors in roads and bridges, and invest in our in- lous. the future—not too good of a replace- frastructure. This surface transpor- We had 16 of our Members come for- ment. tation authorization bill passed by the ward yesterday to offer amendments. But the other thing they’re repealing Senate with a majority and with bipar- We’re going to have 6 hours of debate that they don’t want to talk about is tisan support. on six, ostensibly, because we, in the they’re repealing restrictions on age I come before you today to urge my Rules Committee who have the power, discrimination by the insurance indus- colleagues to bring this bill forward, refused to waive the power to allow try. They would be repealing the re- H.R. 14, so that we might establish those amendments to come in, some strictions on preexisting conditions to some consistency, unlike what we saw that included things such as not being discriminate against people—redline with the FAA reauthorization, consist- able to allow a child 3 years old who them, essentially, by the insurance in- ency for States, for companies, for may have a matter that doesn’t mani- dustry—and they would be repealing workers, for projects that need to get fest itself until he or she is 8 be barred the provision of reviewing excessive done. This bill will maintain current because of time constraints, measures rate increases which has been already funding levels for highways and public that deal with, like the pediatrician in successful in California this year. transportation; it will consolidate and Delaware who raped 100 or more chil- So the Republicans have come for- streamline highway programs; and will dren, babies, and that position would ward with this one part of the bill. establish a much-needed national not be allowed for. They’ve already repealed all of freight program, which is something I know that one would argue that ObamaCare, but now they’re going to I’ve been advocating for my entire time some lawsuits are frivolous, and they repeal it bit by bit because they don’t in Congress. are. I am a lawyer. I am a trial lawyer, This bill will authorize $1 billion for want to do real things like deal with and so I clearly support the trial law- projects of national significance, which our transportation system and that. yers, so as how that’s understood with many of us feel in our own particular But there is one particularly objec- my bona fides. But when people are districts. tionable part of this. They’re going to dying, that’s not frivolous; and, as I H.R. 14 also improves safety, insti- said, people want the best lawyer that pretend that they’re taking away the tutes performance measures, and im- they can find. antitrust protection of the insurance proves accountability for transpor- industry. Remember, this is an indus- tation infrastructure investments. Madam Speaker, I ask unanimous try that can and does get together and The SPEAKER pro tempore. The consent to insert the text of the collude to drive up our premiums. And time of the gentlewoman has expired. amendment in the RECORD, along with after the Republicans do away with age Mr. HASTINGS of Florida. I yield the extraneous material, immediately discrimination, preexisting conditions, gentlelady an additional 30 seconds. prior to the vote on the previous ques- and rate increases, the industry is Ms. RICHARDSON. Now is the time tion. going to have a field day. for swift action by this House on a bi- The SPEAKER pro tempore. Is there So they’re pretending that they’re partisan Senate bill that will create objection to the request of the gen- going to allow suits against the indus- and save at least 132,000 jobs in my tleman from Florida? try for antitrust violations. Unfortu- area alone. There was no objection. nately, not really. If someone wants to Transportation has always been bi- Mr. HASTINGS of Florida. I urge my bring a suit, they can’t do it as a class partisan. Let’s keep it that way in this colleagues to vote ‘‘no’’ and to defeat action. Well, more than 90 percent of House. I urge the support of H.R. 14. the previous question. I urge a ‘‘no’’

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3858 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 vote on the rule, and I do so for the that they have, because they really SEC. 3. Clause 1(c) of rule XIX shall not reason that this measure does nothing, want to pay it back. They want to do apply to the consideration of the bill speci- is going nowhere, will go to the Senate the right thing. But how are they going fied in section 2 of this resolution. and will not pass, and everybody in to do that if they can’t open a practice (The information contained herein was this House knows it. and if they can’t take Medicare pa- provided by the Republican Minority on mul- We have to stop doing nothing and do tients because this board makes a deci- tiple occasions throughout the 110th and something for the American people and sion to lower the cost of reimburse- 111th Congresses.) jobs. ment? THE VOTE ON THE PREVIOUS QUESTION: WHAT I yield back the balance of my time. We’ve seen it already. Every time we IT REALLY MEANS Mr. NUGENT. Madam Speaker, in do a doc fix, we have more and more This vote, the vote on whether to order the closing, I appreciate my good friend’s doctors that are in trouble because of previous question on a special rule, is not confession about being a trial lawyer. the fact they don’t know what tomor- merely a procedural vote. A vote against or- I’m not. I’m not an attorney. So what row’s going to bring, and I don’t want dering the previous question is a vote against the Republican majority agenda and I’m worried about is not how attorneys our seniors to worry about what tomor- a vote to allow the opposition, at least for enrich themselves; I’m worried about row is going to bring. I don’t want to the moment, to offer an alternative plan. It the people that I represent, the 250,000- balance the budget on the back of our is a vote about what the House should be de- plus that are on Medicare. I’m con- seniors. That’s not where we need to bating. cerned about them. be. Mr. Clarence Cannon’s Precedents of the You hear from the other side, well, As we move along here, the reason I House of Representatives (VI, 308–311), de- don’t worry about it. It could be 5, 10 stand here today is that I support and scribes the vote on the previous question on the rule as ‘‘a motion to direct or control the years from now. Well, you know what? I will defend our seniors, which is why consideration of the subject before the House I’m concerned now because why would I support H.R. 5, because it’s common being made by the Member in charge.’’ To you have something put in place that’s sense. defeat the previous question is to give the going to ration care to our seniors Like I said, I’m not an attorney. I’m opposition a chance to decide the subject be- when they need it the most? That’s not a lawyer, so I have but one con- fore the House. Cannon cites the Speaker’s when they need it the most. We should stituency that I worry about at this ruling of January 13, 1920, to the effect that be advocating for them, not for trial point on this particular issue, and it is ‘‘the refusal of the House to sustain the de- lawyers. We should be here talking mand for the previous question passes the this issue. You put all kinds of other control of the resolution to the opposition’’ about tort reform to lower the cost. If stuff out there about transportation in order to offer an amendment. On March you look at what California did, and all these things, but this is the 15, 1909, a member of the majority party of- they’re a model. They set up a model pressing issue today in front of us. The fered a rule resolution. The House defeated program. Their liability insurance for issue is about tort reform. The issue is the previous question and a member of the doctors is lower than the average about IPAB and repealing IPAB so our opposition rose to a parliamentary inquiry, across the board in the United States. seniors can have a direct relationship asking who was entitled to recognition. This act, the HEALTH Act, is modeled Speaker Joseph G. Cannon (R–Illinois) said: with a physician of their choice, and ‘‘The previous question having been refused, after that. that’s the important part. the gentleman from New York, Mr. Fitz- In regards to the noneconomic dam- The material previously referred to gerald, who had asked the gentleman to ages, limits on contingency fees for by Mr. HASTINGS of Florida is as fol- yield to him for an amendment, is entitled to lawyers, big one there; about fair lows: the first recognition.’’ share, about proportional, whoever’s at AN AMENDMENT TO H. RES. 591 OFFERED BY Because the vote today may look bad for the Republican majority they will say ‘‘the fault. It’s a proportion of that ref- MR. HASTINGS OF FLORIDA erence to how the claim gets paid out. vote on the previous question is simply a At the end of the resolution, add the fol- vote on whether to proceed to an immediate And I heard this talked about before: lowing new sections: vote on adopting the resolution . . . [and] But will the health care act work to re- SEC. 2. Immediately upon adoption of this has no substantive legislative or policy im- duce health care costs and lower the resolution the Speaker shall, pursuant to plications whatsoever.’’ But that is not what deficit? According to the CBO, it will. clause 2(b) of rule XVIII, declare the House they have always said. Listen to the Repub- resolved into the Committee of the Whole It will be an average of 25 to 30 percent lican Leadership Manual on the Legislative House on the state of the Union for consider- Process in the United States House of Rep- below what it would be under current ation of a bill consisting of the text of the law, which is IPAB today, 25 to 30 per- resentatives, (6th edition, page 135). Here’s bill (H.R. 14) to reauthorize Federal-aid high- how the Republicans describe the previous cent less than what the current law, way and highway safety construction pro- question vote in their own manual: ‘‘Al- IPAB, calls for. grams, and for other purposes. The first though it is generally not possible to amend Is this important? I think the rela- reading of the bill shall be dispensed with. the rule because the majority Member con- tionship between a patient and a doc- All points of order against consideration of trolling the time will not yield for the pur- tor should be between a patient and a the bill are waived. General debate shall be pose of offering an amendment, the same re- confined to the bill and shall not exceed one sult may be achieved by voting down the pre- doctor and not have a middleman, hour equally divided and controlled by the called the United States Government, vious question on the rule . . . When the mo- chair and ranking minority member of the tion for the previous question is defeated, stepping in between you to say, ‘‘You Committee on Transportation and Infra- control of the time passes to the Member know what? We don’t think that that structure. After general debate the bill shall who led the opposition to ordering the pre- service deserves a certain level of pay- be considered for amendment under the five- vious question. That Member, because he ment,’’ and by reducing that payment minute rule. All points of order against pro- then controls the time, may offer an amend- we know that that service is not going visions in the bill are waived. At the conclu- ment to the rule, or yield for the purpose of to be provided. I truly don’t believe sion of consideration of the bill for amend- amendment.’’ ment the Committee shall rise and report that that’s where we should be as a In Deschler’s Procedure in the U.S. House the bill to the House with such amendments of Representatives, the subchapter titled government, and I certainly don’t be- as may have been adopted. The previous ‘‘Amending Special Rules’’ states: ‘‘a refusal lieve that we should be in between the question shall be considered as ordered on to order the previous question on such a rule patients and their physicians. the bill and amendments thereto to final [a special rule reported from the Committee I also worry about—and I hear this passage without intervening motion except on Rules] opens the resolution to amend- from docs all the time back in my dis- one motion to recommit with or without in- ment and further debate.’’ (Chapter 21, sec- trict—RICH, you know what’s going to structions. If the Committee of the Whole tion 21.2) Section 21.3 continues: ‘‘Upon re- happen? We’re just going to close our rises and reports that it has come to no reso- jection of the motion for the previous ques- doors. Those that are entering the pro- lution on the bill, then on the next legisla- tion on a resolution reported from the Com- tive day the House shall, immediately after mittee on Rules, control shifts to the Mem- fession, there’s less and less because the third daily order of business under clause ber leading the opposition to the previous they’re concerned about how they’re 1 of rule XIV, resolve into the Committee of question, who may offer a proper amendment going to make a living, how they’re the Whole for further consideration of the or motion and who controls the time for de- going to pay back those student loans bill. bate thereon.’’

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3859 Clearly, the vote on the previous question prove patient access to health care Walsh (IL) Wilson (SC) Yoder on a rule does have substantive policy impli- services and provide improved medical Webster Wittman Young (AK) cations. It is one of the only available tools West Wolf Young (FL) care by reducing the excessive burden Westmoreland Womack for those who oppose the Republican major- Young (IN) the liability system places on the Whitfield Woodall ity’s agenda and allows those with alter- native views the opportunity to offer an al- health care delivery system, on which NAYS—179 ternative plan. the yeas and nays were ordered. Ackerman Fudge Pallone Mr. NUGENT. Madam Speaker, I The Clerk read the title of the resolu- Altmire Green, Al Pascrell Andrews Green, Gene yield back the balance of my time, and tion. Pastor (AZ) The SPEAKER pro tempore. The Baca Grijalva Pelosi I move the previous question on the Baldwin Gutierrez Perlmutter resolution. question is on ordering the previous Barrow Hahn Peters The SPEAKER pro tempore. The question. Bass (CA) Hanabusa Peterson The vote was taken by electronic de- Becerra Hastings (FL) Pingree (ME) question is on ordering the previous Berkley Heinrich Polis question. vice, and there were—yeas 231, nays Berman Higgins Price (NC) The question was taken; and the 179, answered ‘‘present’’ 1, not voting Bishop (GA) Himes Quigley Bishop (NY) Hinchey Speaker pro tempore announced that 20, as follows: Rahall Blumenauer Hinojosa Reyes [Roll No. 118] the ayes appeared to have it. Bonamici Hirono Richardson Mr. HASTINGS of Florida. Madam YEAS—231 Boswell Hochul Richmond Brady (PA) Holden Ross (AR) Speaker, on that I demand the yeas Adams Gardner Mica Braley (IA) Holt Rothman (NJ) and nays. Aderholt Garrett Miller (FL) Brown (FL) Honda Roybal-Allard Akin Gerlach Miller (MI) Butterfield Hoyer The yeas and nays were ordered. Ruppersberger Alexander Gibbs Miller, Gary Capps Israel The SPEAKER pro tempore. Pursu- Rush Amash Gibson Mulvaney Capuano Jackson Lee Ryan (OH) ant to clause 8 of rule XX, further pro- Amodei Gingrey (GA) Murphy (PA) Carnahan (TX) Sa´ nchez, Linda ceedings on this question will be post- Austria Gohmert Myrick Carney Johnson, E. B. T. Bachmann Goodlatte Neugebauer Carson (IN) Kaptur poned. Sanchez, Loretta Barletta Gosar Noem Castor (FL) Keating Sarbanes f Bartlett Gowdy Nugent Chandler Kildee Schakowsky Barton (TX) Granger Nunes Chu Kind Schiff RECESS Bass (NH) Graves (GA) Nunnelee Cicilline Kissell Schrader Benishek Graves (MO) Palazzo Clarke (MI) Kucinich The SPEAKER pro tempore. Pursu- Berg Griffin (AR) Paulsen Clarke (NY) Langevin Schwartz ant to clause 12(a) of rule I, the Chair Biggert Griffith (VA) Pearce Clay Larsen (WA) Scott (VA) Bilbray Grimm Pence Cleaver Larson (CT) Scott, David declares the House in recess subject to Serrano the call of the Chair. Bilirakis Guinta Petri Clyburn Levin Bishop (UT) Guthrie Pitts Cohen Lewis (GA) Sewell Accordingly (at 1 o’clock and 48 min- Black Hall Platts Connolly (VA) Lipinski Sherman utes p.m.), the House stood in recess. Blackburn Hanna Poe (TX) Conyers Loebsack Shuler Bonner Harper Pompeo Cooper Lofgren, Zoe Sires f Boren Harris Posey Costa Lowey Slaughter Boustany Hartzler Price (GA) Costello Luja´ n Smith (WA) b 1415 Brady (TX) Hastings (WA) Quayle Courtney Lynch Speier Brooks Hayworth Rehberg Critz Maloney Stark AFTER RECESS Broun (GA) Heck Reichert Crowley Markey Sutton The recess having expired, the House Buchanan Hensarling Renacci Cummings Matsui Terry Bucshon Herger Ribble Davis (CA) McCarthy (NY) Thompson (CA) was called to order by the Speaker pro Buerkle Herrera Beutler Rigell DeFazio McCollum Tierney tempore (Mr. HASTINGS of Washington) Burgess Huelskamp Rivera DeGette McDermott Tonko at 2 o’clock and 15 minutes p.m. Burton (IN) Huizenga (MI) Roby DeLauro McGovern Towns Calvert Hultgren Roe (TN) Deutch McIntyre Tsongas f Camp Hunter Rogers (AL) Dicks McNerney Van Hollen Campbell Hurt Rogers (KY) Dingell Meeks Vela´ zquez ANNOUNCEMENT BY THE SPEAKER Canseco Issa Rogers (MI) Doggett Michaud Visclosky PRO TEMPORE Cantor Jenkins Rohrabacher Donnelly (IN) Miller (NC) Walz (MN) Capito Johnson (OH) Rokita Doyle Miller, George Wasserman The SPEAKER pro tempore. Pursu- Carter Johnson, Sam Rooney Edwards Moore Schultz ant to clause 8 of rule XX, proceedings Cassidy Jones Ros-Lehtinen Ellison Moran Waters will resume on questions previously Chabot Jordan Roskam Engel Murphy (CT) Watt Coble Kelly Ross (FL) Eshoo Nadler Waxman postponed. Coffman (CO) King (IA) Royce Farr Napolitano Welch Votes will be taken in the following Cole King (NY) Runyan Fattah Neal Wilson (FL) order: Conaway Kingston Ryan (WI) Filner Olver Woolsey Cravaack Kline Scalise Frank (MA) Owens Yarmuth Ordering the previous question on H. Crawford Labrador Schilling Res. 591; Crenshaw Lamborn Schmidt ANSWERED ‘‘PRESENT’’—1 Adopting H. Res. 591, if ordered; Culberson Lance Schock Johnson (IL) Davis (KY) Landry Schweikert Suspending the rules and concurring Denham Lankford Scott (SC) NOT VOTING—20 in the Senate amendment to H.R. 886; Dent Latham Scott, Austin Bachus Gonzalez Marino DesJarlais LaTourette Sensenbrenner and Bono Mack Jackson (IL) Olson Diaz-Balart Latta Sessions Agreeing to the Speaker’s approval of Cardoza Johnson (GA) Paul Dold Lewis (CA) Shimkus the Journal, if ordered. Chaffetz Kinzinger (IL) Rangel Dreier LoBiondo Shuster Cuellar Lee (CA) The first electronic vote will be con- Duffy Long Simpson Reed Davis (IL) Manzullo Thompson (MS) ducted as a 15-minute vote. Remaining Duncan (SC) Lucas Smith (NE) Garamendi Marchant Duncan (TN) Luetkemeyer Smith (NJ) electronic votes will be conducted as 5- Ellmers Lummis Smith (TX) minute votes. Emerson Lungren, Daniel Southerland b 1442 Farenthold E. Stearns Messrs. CARSON of Indiana, TONKO, f Fincher Mack Stivers Fitzpatrick Matheson Stutzman PASCRELL, COSTA, LEWIS of Geor- PROVIDING FOR CONSIDERATION Flake McCarthy (CA) Sullivan gia, LARSON of Connecticut, and VAN OF H.R. 5, PROTECTING ACCESS Fleischmann McCaul Thompson (PA) HOLLEN changed their vote from TO HEALTHCARE ACT Fleming McClintock Thornberry Flores McCotter Tiberi ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. The un- Forbes McHenry Tipton Mrs. HARTZLER, Messrs. COFFMAN finished business is the vote on order- Fortenberry McKeon Turner (NY) of Colorado and PRICE of Georgia ing the previous question on the reso- Foxx McKinley Turner (OH) changed their vote from ‘‘nay’’ to Franks (AZ) McMorris Upton lution (H. Res. 591) providing for con- Frelinghuysen Rodgers Walberg ‘‘yea.’’ sideration of the bill (H.R. 5) to im- Gallegly Meehan Walden So the previous question was ordered.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3860 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 The result of the vote was announced Shimkus Thornberry Whitfield The result of the vote was announced as above recorded. Shuster Tiberi Wilson (SC) as above recorded. Simpson Tipton Wittman Stated for: Smith (NE) Turner (NY) Wolf A motion to reconsider was laid on Mr. REED. Mr. Speaker, on rollcall No. 118 Smith (NJ) Turner (OH) Womack the table. I was unavoidably detained. Had I been Smith (TX) Upton Woodall Stated against: Southerland Walberg present, I would have voted ‘‘yea.’’ Yoder Ms. JACKSON LEE of Texas. Mr. Speaker, Stearns Walden Young (AK) Stivers Walsh (IL) The SPEAKER pro tempore. The Young (FL) on rollcall No. 119 on H. Res. 591, the Rule Stutzman Webster question is on the resolution. Young (IN) on H.R. 5, I was unavoidably detained. Had I Sullivan West The question was taken; and the Thompson (PA) Westmoreland been present, I would have voted ‘‘no.’’ Speaker pro tempore announced that f the ayes appeared to have it. NOES—182 Mr. MCGOVERN. Mr. Speaker, on Ackerman Filner Pallone UNITED STATES MARSHALS SERV- Altmire Frank (MA) Pascrell that I demand the yeas and nays. Andrews Fudge Pastor (AZ) ICE 225TH ANNIVERSARY COM- The yeas and nays were ordered. Baca Garamendi Pelosi MEMORATIVE COIN ACT Baldwin Gohmert The SPEAKER pro tempore. This is a Perlmutter The SPEAKER pro tempore. The un- Barrow Green, Al Peters 5-minute vote. Bass (CA) Green, Gene finished business is the vote on the mo- The vote was taken by electronic de- Pingree (ME) Becerra Grijalva Poe (TX) tion to suspend the rules and concur in vice, and there were—ayes 233, noes 182, Berkley Gutierrez Polis the Senate amendment to the bill (H.R. answered ‘‘present’’ 1, not voting 15, as Berman Hahn Price (NC) Bishop (GA) Hanabusa 886) to require the Secretary of the Quigley follows: Bishop (NY) Hastings (FL) Rahall Treasury to mint coins in commemora- Blumenauer Heinrich [Roll No. 119] Reyes tion of the 225th anniversary of the es- Bonamici Higgins AYES—233 Richardson Boswell Himes tablishment of the Nation’s first Fed- Adams Fortenberry Marchant Brady (PA) Hinchey Richmond eral law enforcement agency, the Aderholt Foxx Matheson Braley (IA) Hinojosa Ross (AR) United States Marshals Service, on Akin Franks (AZ) McCarthy (CA) Brown (FL) Hirono Rothman (NJ) Alexander Frelinghuysen McCaul Butterfield Hochul Roybal-Allard which the yeas and nays were ordered. Amash Gallegly McClintock Capps Holden Ruppersberger The Clerk read the title of the bill. Amodei Gardner McCotter Capuano Holt Rush The SPEAKER pro tempore. The Austria Garrett McHenry Cardoza Honda Ryan (OH) question is on the motion offered by Bachmann Gerlach McIntyre Carnahan Hoyer Sa´ nchez, Linda Barletta Gibbs McKeon Carney Israel T. the gentleman from Ohio (Mr. STIVERS) Bartlett Gibson McKinley Carson (IN) Johnson (GA) Sanchez, Loretta that the House suspend the rules and Barton (TX) Gingrey (GA) McMorris Castor (FL) Johnson, E. B. Sarbanes concur in the Senate amendment. Bass (NH) Goodlatte Rodgers Chandler Kaptur Schakowsky This is a 5-minute vote. Benishek Gosar Meehan Chu Keating Schiff Berg Gowdy Mica Cicilline Kildee Schrader The vote was taken by electronic de- Biggert Granger Miller (FL) Clarke (MI) Kind Schwartz vice, and there were—yeas 409, nays 2, Bilbray Graves (GA) Miller (MI) Clarke (NY) Kucinich Scott (VA) answered ‘‘present’’ 2, not voting 18, as Bilirakis Graves (MO) Miller, Gary Clay Langevin Scott, David follows: Bishop (UT) Griffin (AR) Mulvaney Cleaver Larsen (WA) Serrano Black Griffith (VA) Murphy (PA) Clyburn Larson (CT) Sewell [Roll No. 120] Blackburn Grimm Myrick Cohen Levin Sherman YEAS—409 Bonner Guinta Neugebauer Connolly (VA) Lewis (GA) Shuler Boren Guthrie Noem Conyers Lipinski Sires Ackerman Burgess Davis (CA) Boustany Hall Nugent Cooper Loebsack Slaughter Adams Burton (IN) Davis (KY) Brady (TX) Hanna Aderholt Butterfield DeFazio Nunes Costa Lofgren, Zoe Smith (WA) Brooks Harper Nunnelee Costello Lowey Akin Calvert DeGette Speier Broun (GA) Harris Olson Courtney Luja´ n Alexander Camp DeLauro Stark Buchanan Hartzler Palazzo Critz Lynch Altmire Campbell Denham Sutton Bucshon Hastings (WA) Paulsen Crowley Maloney Amodei Canseco Dent Terry Buerkle Hayworth Pearce Cuellar Markey Andrews Cantor DesJarlais Thompson (CA) Burgess Heck Pence Cummings Matsui Austria Capito Deutch Burton (IN) Hensarling Peterson Davis (CA) McCarthy (NY) Tierney Baca Capps Diaz-Balart Calvert Herger Petri DeFazio McCollum Tonko Bachmann Capuano Dicks Camp Herrera Beutler Pitts DeGette McDermott Towns Baldwin Cardoza Dingell Campbell Huelskamp Platts DeLauro McGovern Tsongas Barletta Carnahan Doggett Canseco Huizenga (MI) Pompeo Deutch McNerney Van Hollen Barrow Carney Donnelly (IN) Cantor Hultgren Posey Dicks Meeks Vela´ zquez Bartlett Carson (IN) Doyle Capito Hunter Price (GA) Dingell Michaud Visclosky Barton (TX) Carter Dreier Carter Hurt Quayle Doggett Miller (NC) Walz (MN) Bass (CA) Cassidy Duffy Cassidy Issa Reed Donnelly (IN) Miller, George Wasserman Bass (NH) Castor (FL) Duncan (TN) Chabot Jenkins Rehberg Doyle Moore Schultz Becerra Chabot Edwards Coble Johnson (OH) Reichert Duncan (TN) Moran Waters Benishek Chandler Ellison Coffman (CO) Johnson, Sam Renacci Edwards Murphy (CT) Watt Berg Chu Ellmers Cole Jones Ribble Ellison Nadler Waxman Berkley Cicilline Emerson Conaway Jordan Rigell Engel Napolitano Welch Berman Clarke (MI) Engel Cravaack Kelly Rivera Eshoo Neal Wilson (FL) Biggert Clarke (NY) Eshoo Crawford King (IA) Roby Farr Olver Woolsey Bilbray Clay Farenthold Crenshaw King (NY) Roe (TN) Fattah Owens Yarmuth Bilirakis Cleaver Farr Culberson Kingston Rogers (AL) Bishop (GA) Clyburn Fattah Davis (KY) Kissell Rogers (KY) ANSWERED ‘‘PRESENT’’—1 Bishop (NY) Coble Filner Denham Kline Rogers (MI) Johnson (IL) Bishop (UT) Coffman (CO) Fincher Dent Labrador Rohrabacher Black Cohen Fitzpatrick DesJarlais Lamborn Rokita NOT VOTING—15 Blackburn Cole Flake Diaz-Balart Lance Rooney Bachus Jackson Lee Paul Blumenauer Conaway Fleischmann Dold Landry Ros-Lehtinen Bono Mack (TX) Rangel Bonamici Connolly (VA) Fleming Dreier Lankford Roskam Chaffetz Kinzinger (IL) Schweikert Bonner Conyers Flores Duffy Latham Ross (FL) Davis (IL) Lee (CA) Thompson (MS) Boren Cooper Forbes Duncan (SC) LaTourette Royce Gonzalez Manzullo Boswell Costa Fortenberry Ellmers Latta Runyan Jackson (IL) Marino Boustany Costello Foxx Emerson Lewis (CA) Ryan (WI) Brady (PA) Courtney Frank (MA) Farenthold LoBiondo Scalise ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) Cravaack Franks (AZ) Fincher Long Schilling The SPEAKER pro tempore (during Braley (IA) Crawford Fudge Fitzpatrick Lucas Schmidt the vote). There are 2 minutes remain- Brooks Crenshaw Gallegly Flake Luetkemeyer Schock Broun (GA) Critz Garamendi Fleischmann Lummis Scott (SC) ing. Brown (FL) Crowley Gardner Fleming Lungren, Daniel Scott, Austin b 1451 Buchanan Cuellar Garrett Flores E. Sensenbrenner Bucshon Culberson Gerlach Forbes Mack Sessions So the resolution was agreed to. Buerkle Cummings Gibbs

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3861 Gibson Lummis Roskam ANSWERED ‘‘PRESENT’’—2 Duncan (TN) Langevin Roby Gohmert Lungren, Daniel Ross (AR) Edwards Lankford Rogers (AL) Duncan (SC) Mulvaney Goodlatte E. Ross (FL) Ellison Larsen (WA) Rogers (KY) Gosar Lynch Rothman (NJ) NOT VOTING—18 Ellmers Larson (CT) Rohrabacher Gowdy Mack Roybal-Allard Emerson LaTourette Roskam Bachus Gingrey (GA) Manzullo Granger Maloney Royce Engel Latta Ross (AR) Bono Mack Gonzalez Marino Graves (GA) Marchant Runyan Eshoo Levin Ross (FL) Chaffetz Green, Gene Paul Graves (MO) Markey Ruppersberger Farenthold Lewis (CA) Roybal-Allard Davis (IL) Jackson (IL) Rangel Green, Al Matheson Rush Farr Lewis (GA) Royce Dold Kinzinger (IL) Thompson (MS) Griffin (AR) Matsui Ryan (OH) Fattah Lipinski Runyan Frelinghuysen Lee (CA) Whitfield Griffith (VA) McCarthy (CA) Ryan (WI) Fincher Loebsack Ruppersberger Grijalva McCarthy (NY) Sa´ nchez, Linda ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Flake Lofgren, Zoe Rush Grimm McCaul T. Fleischmann Long The SPEAKER pro tempore (during Ryan (WI) Guinta McClintock Sanchez, Loretta Fleming Lowey Sanchez, Loretta Guthrie McCollum Sarbanes the vote). There are 2 minutes remain- Flores Lucas Scalise Gutierrez McCotter Scalise ing. Fortenberry Luetkemeyer Schiff Hahn McDermott Schakowsky Frank (MA) Luja´ n Schmidt Hall McGovern Schiff b 1458 Franks (AZ) Lummis Schock Hanabusa McHenry Schilling Frelinghuysen Lungren, Daniel Schrader Hanna McIntyre Schmidt So (two-thirds being in the affirma- Fudge E. Schwartz Harper McKeon Schock tive) the rules were suspended and the Gallegly Mack Schweikert Harris McKinley Schrader Senate amendment was concuried in. Garrett Maloney Scott (SC) Hartzler McMorris Schwartz Gibbs Matheson The result of the vote was announced Scott (VA) Hastings (FL) Rodgers Schweikert Gingrey (GA) Matsui Scott, Austin Hastings (WA) McNerney Scott (SC) as above recorded. Goodlatte McCarthy (CA) Scott, David Hayworth Meehan Scott (VA) A motion to reconsider was laid on Gosar McCarthy (NY) Sensenbrenner Heck Meeks Scott, Austin the table. Gowdy McCaul Serrano Heinrich Mica Scott, David Granger McClintock Sessions Hensarling Michaud Sensenbrenner Stated for: Graves (GA) McCollum Sewell Herger Miller (FL) Serrano Mr. DOLD. Mr. Speaker, on rollcall No. 120, Green, Al McHenry Sherman Herrera Beutler Miller (MI) Sessions Griffith (VA) McIntyre Shimkus Higgins Miller (NC) Sewell I was unavoidably detained. Had I been Grimm McKeon present, I would have voted ‘‘yea.’’ Simpson Himes Miller, Gary Sherman Guinta McKinley Sires Hinchey Miller, George Shimkus Mr. GENE GREEN of Texas. Mr. Speaker, Guthrie McMorris Smith (NE) Hinojosa Moore Shuler Gutierrez Rodgers on rollcall No. 120, had I been present, I Smith (NJ) Hirono Moran Shuster Hahn McNerney Smith (TX) Hochul Murphy (CT) Simpson would have voted ‘‘yea.’’ Hall Meeks Smith (WA) Holden Murphy (PA) Sires Hanabusa Mica f Southerland Holt Myrick Slaughter Harper Michaud Speier Honda Nadler Smith (NE) Harris Miller (MI) THE JOURNAL Stearns Hoyer Napolitano Smith (NJ) Hartzler Miller (NC) Stutzman Huelskamp Neal Smith (TX) Hastings (WA) Miller, Gary The SPEAKER pro tempore. The un- Sullivan Huizenga (MI) Neugebauer Smith (WA) Hayworth Moore finished business is the question on Sutton Hultgren Noem Southerland Heinrich Moran Terry Hunter Nugent Speier agreeing to the Speaker’s approval of Hensarling Mulvaney Hurt Nunes Stark the Journal, which the Chair will put Herger Murphy (CT) Thompson (PA) Thornberry Israel Nunnelee Stearns de novo. Higgins Murphy (PA) Issa Olson Stivers Hinojosa Myrick Tiberi Jackson Lee Olver Stutzman The question is on the Speaker’s ap- Hirono Nadler Tierney (TX) Owens Sullivan proval of the Journal. Hochul Napolitano Tonko Jenkins Palazzo Sutton Holden Noem Towns The question was taken; and the Tsongas Johnson (GA) Pallone Terry Speaker pro tempore announced that Hoyer Nugent Johnson (IL) Pascrell Thompson (CA) Huelskamp Nunes Turner (NY) Johnson (OH) Pastor (AZ) Thompson (PA) the ayes appeared to have it. Hultgren Nunnelee Turner (OH) Johnson, E. B. Paulsen Thornberry Mr. MCGOVERN. Mr. Speaker, on Hurt Olson Upton Johnson, Sam Pearce Tiberi that I demand the yeas and nays. Issa Palazzo Van Hollen Jones Pelosi Tierney Jenkins Pascrell Vela´ zquez Jordan Pence Tipton The yeas and nays were ordered. Johnson (GA) Paulsen Walberg Kaptur Perlmutter Tonko The SPEAKER pro tempore. This Johnson (IL) Pearce Walden Keating Peters Towns will be a 5-minute vote. Johnson, E. B. Pence Walz (MN) Wasserman Kelly Peterson Tsongas The vote was taken by electronic de- Johnson, Sam Perlmutter Kildee Petri Turner (NY) Jones Petri Schultz Kind Pingree (ME) Turner (OH) vice, and there were—yeas 308, nays Jordan Pingree (ME) Watt King (IA) Pitts Upton 101, answered ‘‘present’’ 3, not voting Kaptur Pitts Waxman King (NY) Platts Van Hollen 19, as follows: Kelly Platts Webster Kingston Poe (TX) Vela´ zquez Kildee Polis Welch Kissell Pompeo Visclosky [Roll No. 121] Kind Pompeo West Kline Posey Walberg YEAS—308 King (IA) Posey Westmoreland Kucinich Price (GA) Walden King (NY) Price (GA) Whitfield Labrador Price (NC) Walsh (IL) Ackerman Boustany Clarke (NY) Kingston Price (NC) Wilson (FL) Lamborn Quayle Walz (MN) Aderholt Brady (TX) Clay Kissell Quigley Wilson (SC) Lance Quigley Wasserman Akin Braley (IA) Cleaver Kline Rehberg Wittman Landry Rahall Schultz Alexander Brooks Coble Kucinich Reichert Wolf Langevin Reed Waters Altmire Broun (GA) Cohen Labrador Richardson Womack Lankford Rehberg Watt Austria Brown (FL) Cole Lamborn Richmond Woolsey Larsen (WA) Reichert Waxman Baca Buchanan Connolly (VA) Lance Rigell Yarmuth Larson (CT) Renacci Webster Bachmann Bucshon Conyers Landry Rivera Young (FL) Latham Reyes Welch Barletta Buerkle Cooper LaTourette Ribble West Barrow Burton (IN) Crawford NAYS—101 Latta Richardson Westmoreland Bartlett Butterfield Crenshaw Levin Richmond Wilson (FL) Barton (TX) Calvert Crowley Adams Costa Garamendi Lewis (CA) Rigell Wilson (SC) Bass (NH) Camp Culberson Amodei Costello Gardner Lewis (GA) Rivera Wittman Becerra Campbell Cummings Andrews Courtney Gerlach Lipinski Roby Wolf Berg Cantor Davis (CA) Baldwin Cravaack Gibson LoBiondo Roe (TN) Womack Berkley Capito Davis (KY) Benishek Critz Graves (MO) Loebsack Rogers (AL) Woodall Berman Capps DeFazio Bilbray Cuellar Green, Gene Lofgren, Zoe Rogers (KY) Woolsey Biggert Cardoza DeGette Bishop (NY) Dent Griffin (AR) Long Rogers (MI) Yarmuth Bilirakis Carnahan DeLauro Boswell DesJarlais Grijalva Lowey Rohrabacher Yoder Bishop (GA) Carney Denham Brady (PA) Dold Hanna Lucas Rokita Young (AK) Bishop (UT) Carson (IN) Deutch Burgess Donnelly (IN) Hastings (FL) Luetkemeyer Rooney Young (FL) Black Carter Diaz-Balart Capuano Doyle Heck Luja´ n Ros-Lehtinen Young (IN) Blackburn Cassidy Dicks Castor (FL) Duffy Herrera Beutler Blumenauer Chabot Dingell Chu Filner Himes NAYS—2 Bonamici Chandler Doggett Clyburn Fitzpatrick Hinchey Bonner Cicilline Dreier Coffman (CO) Forbes Holt Amash Polis Boren Clarke (MI) Duncan (SC) Conaway Foxx Honda

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3862 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 Huizenga (MI) Olver Sa´ nchez, Linda b 1505 in the President’s health care law. The Hunter Pallone T. health care law failed to provide any Israel Pastor (AZ) Sarbanes IN THE COMMITTEE OF THE WHOLE Jackson Lee Pelosi Schakowsky Accordingly, the House resolved meaningful reform to the broken and (TX) Peters Schilling itself into the Committee of the Whole costly medical liability system, which Johnson (OH) Peterson Shuler is currently one of the largest cost Keating House on the state of the Union for the Poe (TX) Slaughter drivers of our health care system. Latham Quayle Stark consideration of the bill (H.R. 5) to im- LoBiondo Rahall Stivers prove patient access to health care The current system is responsible for Lynch Reed Thompson (CA) as much as $200 billion a year in unnec- Marchant services and provide improved medical Renacci Thompson (MS) Markey care by reducing the excessive burden essary spending on defensive medicine. McCotter Reyes Tipton the liability system places on the It fails to compensate injured patients McDermott Ribble Visclosky in a fair and timely matter, and it Roe (TN) Walsh (IL) health care delivery system, with Mr. McGovern threatens access to quality health care Meehan Rooney Waters WESTMORELAND in the chair. Miller (FL) Ros-Lehtinen Woodall The Clerk read the title of the bill. by driving good doctors out of high- Miller, George Rothman (NJ) Yoder The CHAIR. Pursuant to the rule, the risk specialties such as obstetrics and Neal Ryan (OH) Young (AK) bill is considered read the first time. neurosurgery. ANSWERED ‘‘PRESENT’’—3 General debate shall be confined to Amash Gohmert Owens the bill and amendments specified in b 1510 House Resolution 591 and shall not ex- NOT VOTING—19 According to the CBO, these com- ceed 6 hours equally divided among and Bachus Jackson (IL) Rangel monsense reforms will reduce the Fed- controlled by the respective chairs and Bass (CA) Kinzinger (IL) Rogers (MI) eral deficit by $48.6 billion over the Bono Mack Lee (CA) ranking minority members of the Com- Rokita next 10 years. Canseco Manzullo Shuster mittees on Energy and Commerce, the How have opponents proposed to fix Chaffetz Marino Young (IN) Judiciary, and Ways and Means. Davis (IL) Neugebauer this present system? They want to The Chair recognizes the gentleman Gonzalez Paul spend more; $50 million in grants for from Michigan (Mr. UPTON). ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. UPTON. Mr. Chairman, I yield State demonstrations, as called for in The SPEAKER pro tempore (during myself such time as I might consume. the health care law, is not a solution. the vote). There are 2 minutes remain- I rise today in support of the PATH It’s an abdication of responsibility. The ing. Act, which addresses two of the most President promised to look at Repub- b 1505 glaring deficiencies in the President’s lican ideas for medical liability reform. Passing this legislation is the very So the Journal was approved. overhaul of the health care system. By what it does and also by what it first step towards allowing the Presi- The result of the vote was announced dent to make good on that promise. as above recorded. fails to do, the health care law threat- ens access to quality health care for Health care decisions should be made f literally millions of Americans. between a doctor and a patient. That REMOVAL OF NAME OF MEMBER Section 3403 of the Affordable Care relationship doesn’t work when bureau- AS COSPONSOR OF H.R. 3697 Act established the Independent Pay- crats and trial lawyers come between them. So I urge my colleagues to vote Mr. BUCSHON. Mr. Speaker, I ask ment Advisory Board, or IPAB. A panel in support of this legislation. unanimous consent that I be removed of 15 unelected, unaccountable bureau- Mr. Chairman, I reserve the balance as a cosponsor on H.R. 3697. crats will be given the power to make of my time. The SPEAKER pro tempore. Is there major decisions regarding what goods objection to the request of the gen- and services are valuable. These deci- Mr. WAXMAN. Mr. Chairman, I yield tleman from Indiana? sions will then be fast-tracked, essen- myself such time as I may consume. There was no objection. tially bypassing the legislative process, I rise in opposition to H.R. 5. It com- bines two very bad ideas into one ter- f with almost no opportunity for discus- sion or review. The PATH Act prevents rible bill that is anti-senior, anti-con- REMOVAL OF NAME OF MEMBER this by repealing IPAB. sumer, and anti-health. AS COSPONSOR OF H.R. 3359 I suspect that most Americans still It’s no accident that we’re consid- Mr. CLAY. Mr. Speaker, I ask unani- believe that patients and their doctors ering the legislation during the second mous consent to have my name re- should have a voice and should be able anniversary of the Affordable Care Act, moved as a cosponsor from H.R. 3359. to decide what health care services because this is a thinly veiled, partisan The SPEAKER pro tempore. Is there that they find valuable. I think that attempt to confuse the public and ob- objection to the request of the gen- they still believe that major policy de- scure the law’s success in covering tleman from Missouri? cisions affecting the Medicare program young people, reducing costs for sen- There was no objection. and the health care system in general iors, and providing improved health f need to go through the regular legisla- benefits. tive process and be subject to the nor- Title I of the bill before us, the med- PROTECTING ACCESS TO mal system of checks and balances ac- ical malpractice provisions, have been HEALTHCARE ACT cording to the Constitution. around for over a decade. They have Mr. UPTON. Mr. Speaker, I ask unan- It is encouraging that the cosponsors not been enacted under Democratic or imous consent that all Members may of legislation to repeal IPAB include 20 Republican Congresses and Presidents have 5 legislative days to revise and ex- Democrats and that the bill was favor- because they are an extreme intrusion tend their remarks on the legislation ably reported out of the Energy and on the authority of the States to set and to insert extraneous material on Commerce Committee earlier this their own liability rules and would H.R. 5. month without any recorded opposi- shield bad actors from accountability The SPEAKER pro tempore. Is there tion—a voice vote. when they cause injury and death. objection to the request of the gen- I encourage my colleagues on both Let’s be clear: this bill is much tleman from Michigan? sides of the aisle to support repealing broader than traditional medical mal- There was no objection. IPAB and not to block its passage at practice legislation. It protects manu- The SPEAKER pro tempore. Pursu- the expense of our seniors in a blind ef- facturers, distributors, suppliers, mar- ant to House Resolution 591 and rule fort to defend the President’s signature keters, even promoters of health care XVIII, the Chair declares the House in legislation. products. And it gives them protection the Committee of the Whole House on The legislation today also includes even if they intentionally cause harm. the state of the Union for the consider- reforms that will actually lower the Insurance companies and HMOs are ation of the bill, H.R. 5. cost of health care, a glaring omission protected as well. The bill shields drug

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3863 and device manufacturers with com- money out of Medicare so they can give cisions that directly impact health plete immunity from punitive dam- more tax breaks to billionaires and oil care in America. ages, no matter how reckless their con- companies. I don’t think, and a majority of my duct, so long as their products were at Like some of my colleagues, I have colleagues don’t think, that that’s the one time approved by the FDA. concerns about some aspects of the way it should be done. So this bill in This bill preempts State action in an IPAB. I don’t agree with the premise one paragraph—I think on page 24—re- area that has traditionally been left to that we need IPAB to make Congress peals that section. That is a good start. the States. To the extent that we do do its job. But no one should think that It is not the end-all be-all, but it is a have a medical malpractice problem in the hyperbole of IPAB’s Republican good start to regaining control of this country, it should be addressed at critics—rationing, death panels, and health care by individuals and the mar- the State level. But this bill not only faceless bureaucrats pulling the plug ketplace. strips away State law; it puts in place on sick patients—represents reality. b 1520 a Federal scheme that will not reduce That came from their propaganda word medical errors, will not award appro- masters. The other thing this bill does is it priate and adequate compensation House Republicans are voting to re- puts in a medical malpractice reform when an injury occurs, and will not peal the Independent Payment Advi- that has been long overdue. The Presi- lower health care costs. sory Board because they simply want dent, in his State of the Union, said he The second part of the bill would re- to eliminate Medicare. They want to was for medical malpractice reform, peal the Independent Payment Advi- provide vouchers instead of benefits. but I am told that he has said he is not sory Board, which helps keep Medicare They want to shift costs to the bene- for this medical malpractice reform, costs under control if they rise more ficiaries. They want to put Medicare just like he is not against the Keystone than anticipated. IPAB’s role is to rec- into a death spiral and leave insurance pipeline, but he called Senators to op- ommend evidence-based policies to im- companies in charge of seniors’ care. pose it when it came up in the other prove Medicare without harming pa- Then it would be the insurance compa- body. tients. nies that could then ration care, cut We need medical malpractice reform. Repealing IPAB is the height of hy- benefits and, according to the Congres- Independent observers have said that pocrisy. The main Republican attack sional Budget Office, likely increase this bill, which Congressman GINGREY on Medicare and the Affordable Care out-of-pocket costs by $6,000. of Georgia is the original sponsor of, Act is that we cannot afford them. Does anybody doubt insurance com- would save $48 billion over, I think, a House Republicans are proposing panies ration care? Try to get an insur- 10-year period if enacted—$48 billion. changes that would destroy Medicare ance policy if you have a previous med- That’s real reform. It does not preempt because they say taking care of our ical condition. They won’t even cover States. It allows the States to continue seniors just costs too much. Yet today you, or they will charge you so much their medical malpractice laws that they will vote for a bill that eliminates you can’t afford it. Is that what we they’ve already enacted. one of Medicare’s cost-saving innova- want, to let the insurance companies So I ask that we vote for this piece of tions and saddles Medicare with over $3 make these decisions for our seniors legislation. billion in unnecessary costs. It’s no and disabled people? And I thank the chairman and the wonder that the public holds Congress H.R. 5 is a partisan assault on Medi- subcommittee chairman and all of the in so little regard. care and an assault on patients who are Members who have made it possible. The Republican master plan for injured by careless doctors and drug Mr. WAXMAN. Mr. Chairman, I am Medicare is to end the guarantee cov- companies and an assault on States’ pleased at this time to yield 3 minutes erage and shift more costs on to sen- rights. to the distinguished ranking member iors and people with disabilities. They I urge my colleagues to vote ‘‘no’’ on and soon-to-be chairman of the Health don’t hold down the costs; they simply H.R. 5. Subcommittee, the gentleman from shift them on to seniors and disabled Mr. Chairman, I reserve the balance New Jersey (Mr. PALLONE). people. Under Medicare, they pay more of my time. Mr. PALLONE. I thank the gen- for it out of their own pockets. This is Mr. UPTON. Mr. Chairman, I yield 2 tleman from California. part of the Republican assault on Medi- minutes to the chairman emeritus of I have a great deal of respect for my care. It would repeal the backstop in the Energy and Commerce Committee, former chairman and colleague from Medicare that keeps Medicare afford- Mr. BARTON, the gentleman from Texas, but as I listen to him, the prob- able for seniors. Texas. lem is that it’s always the same: It’s I want to be clear about what the Mr. BARTON of Texas. I thank the my way or the highway. And it’s just IPAB is and what it isn’t. The board is distinguished chairman. very unfortunate, because there have explicitly in statute prohibited from We have just heard an argument from been many opportunities in the com- rationing. It also is prohibited from one of the authors, if not the chief au- mittee where we could have worked to- making recommendations that in- thor, of the new health care law. So it’s gether to come up with legislation on crease costs to seniors or cut benefits. understandable that former Chairman things like malpractice reform and IPAB also doesn’t take away the role WAXMAN would rise in indignant de- IPAB, but that’s not what we get from of Congress. IPAB makes recommenda- fense of his product and opposed to this the Republican side of the aisle. They tions, but Congress can and should act bill. just constantly want to do their own on those recommendations. H.R. 5, the PATH bill, is in actuality thing. We hear a lot about these unelected a reasoned response to an irrational at- And as he said, the President may be bureaucrats. Let me tell you that, tempt to socialize health care in the for malpractice reform, but if he’s not around this place, there are a lot of United States of America. The Inde- for this malpractice reform, then he’s a elected bureaucrats. Here is the funda- pendent Payment Advisory Board, bad guy. And that’s the point: We need mental difference between the Demo- which this legislation repeals, is an to get together. If we’re ever going to cratic approach to Medicare and the independent 15-member panel ap- accomplish anything, we need to work Republican approach: Democrats in pointed by the President, unless the together; and I don’t see that hap- Congress are committed to preserving President doesn’t appoint it, in which pening on the Republican side of the Medicare and protecting seniors’ bene- case three of the President’s chief ad- aisle today. fits; Republicans have proposed ending visers become the board. And if they I am very disappointed in the process Medicare’s guarantee of coverage so don’t decide to do it, then one person, of considering H.R. 5. I am dis- they can pay for tax breaks for oil the Secretary of Health and Human appointed and frustrated that my Re- companies and millionaires. Let me Services, has the authority when this publican colleagues had an opportunity underscore that. They want to take kicks in in 2014 to make all kinds of de- to bring to the floor a bill that I and

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3864 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 some of my Democratic colleagues sup- Mrs. MYRICK. I thank the chairman. bad policy problem by implementing ported, but what they decided to do in- Mr. Chairman, this is Washington, so more bad policy. We should be passing stead is to simply play political games, we have to have an acronym for every- good legislation, not trying to pass political games over and over again. thing up here. The IPAB isn’t a new something that has no chance of be- All sectors of the health care indus- techie device but is an example of one coming law, and that’s what this bill try agree that the Independent Pay- of the many misguided parts of the does. ment Advisory Board, IPAB, should be budget-busting health care reform law. The Affordable Care Act, the under- repealed. I am the first one to tell you What is this debate really about? We lying statute that this bill is amend- how much I am opposed to IPAB. In all know that Medicare is headed to- ing, has had an enormous positive im- fact, during the Energy and Commerce ward financial catastrophe, and the pact on the constituents I represent, Committee’s Subcommittee on Health health reform law only succeeded in and the law hasn’t totally taken effect markup, I voted in favor of its repeal. putting the program in a more precar- yet. But it’s getting better. I was proud But, unfortunately, my Republican col- ious position. There is no easy solution to support this landmark legislation as leagues have no interest in truly re- to this problem, but Republicans have part of the Energy and Commerce Com- pealing IPAB. They only care about de- put forward a plan that would actually mittee and on the Health Sub- facing the Affordable Care Act and con- set the program on a healthy fiscal committee. tinuing their political game of repeal- path again, without hurting those who Before the passage of the Affordable ing the law piece by piece. How do I are already on the program. Care Act, my congressional district know that? Because they’ve decided to Of course, because this is Wash- had the largest percentage of uninsured pay for the IPAB repeal with H.R. 5, ington, rather than having a hearty de- of any district in our country. We still one of the most controversial and his- bate, this proposal continues to be have a lot of work to do, but things are torically partisan bills of the past dec- demagogued and derided. Instead, the getting better. For the last 2 years, ade. health reform bill gave us IPAB, an un- 53,000 children in my district can’t lose We’ve been through this same debate. accountable board tasked with limiting the security offered by health insur- Every time, every year, H.R. 5, on the procedures and treatments in order to ance due to preexisting conditions; floor again. Each year the Republicans control costs. It’s a top-down, uncon- 3,400 seniors have saved an average of have been in charge, we’re forced to stitutional, ineffective, and inefficient $540 on prescription drugs; 9,000 young consider identical legislation that con- way to solve Medicare’s fiscal prob- people now have health insurance that tains the exact same areas over which lems. And if you think that this board they didn’t have before the Affordable we remain divided. In fact, the Repub- won’t make recommendations to limit Care Act. licans weren’t even able to enact this the use of expensive but life-sustaining The Affordable Care Act is not per- bill into law when they had the majori- treatments, you haven’t been paying fect, but no bill is perfect. The bill be- ties in the House and Senate and the attention. fore us today is far from perfect. I sup- Presidency, and the reason is because But here’s something that gets lost port the repeal of IPAB. I opposed they have zero desire to solve the prob- in this debate: IPAB doesn’t just apply IPAB in 2009 when it came up in our lems of this country. All they are in- to Medicare benefits for seniors who committee markup of the Affordable terested in accomplishing is a political are on a government program. Care Act. I do not believe a panel of message to take home to their dis- First off, those of us who have been outsiders appointed by the President tricts. here for a while know that private in- I have said again and again that I should take responsibility for what surers tend to follow Medicare. We see would work with my colleagues on Congress needs to do in making deci- it all the time. Once Medicare changes truly addressing malpractice reform, sions on Medicare payment rates. coverage for a treatment, those deci- but those calls have gone unanswered. That’s part of our job as Members of sions push private payers to also move Over the years, there has been little ef- Congress. However, this bill has in that direction, because so much of fort on the part of Republicans to stepped too far; and I want to the op- our health care system relies on Medi- reach across the aisle and to work with portunity to vote on a freestanding care’s policies. The government al- Democrats on a satisfactory solution IPAB repeal, but I cannot support H.R. to medical liability reform. ready controls so much of our health 5 because it’s a bridge too far. care sphere that inefficiencies abound. I do understand that medical mal- b 1530 practice and liability is a very real If that weren’t enough, starting in Mr. UPTON. Mr. Chairman, I yield 2 problem for doctors in my home State 2015, the IPAB can make decisions minutes to the gentleman from Florida and in the country, but H.R. 5 is not about what private plans will cover. (Mr. STEARNS the answer. Any true reform must take Yes, 15 people will be deciding what ). a balanced approach and include pro- private companies will be covering. Mr. STEARNS. I thank the distin- tections for the legal rights of patients That’s what is fundamentally wrong guished chairman. and be limited to medical malpractice. with the health care reform law, and This bill, contrary to what the gen- Today my vote on this package is a we should repeal the whole thing. But tleman from Texas said, is an oppor- ‘‘no’’ vote on H.R. 5 alone. As I have in the meantime, let’s repeal this ill- tunity for him to vote to not let bu- stated, it’s too controversial and ex- conceived board and address this coun- reaucrats make the decision. He has a treme in its current form. Although try’s medical malpractice problems chance to do this. I’m a little surprised it’s described as a medical malpractice while we’re at it. why he’s saying he’s against the bill. measure, H.R. 5 extends far beyond the Mr. WAXMAN. Mr. Chairman, I am Of course, I think many of us are going field of malpractice liability. pleased to yield to an important mem- to repeat the same arguments. I am just extremely disappointed. I ber of our committee, the gentleman The fundamental point is that this am being honest in saying this. I am from Texas (Mr. GREEN) for 2 minutes. bill will save almost $50 billion over 10 very disappointed that the Republican Mr. GENE GREEN of Texas. I thank years. How many people on this side leadership has robbed many Democrats my colleague, the ranking member on don’t want to save money? I think ev- of their ability to vote cleanly on IPAB our Energy and Commerce Committee. erybody on both sides of the aisle repeal and have, instead, yet again, po- I rise in opposition to this bill. I am would like to save money. So this is liticized this body. not opposed to all of it; in fact, I am a stopping defensive medicine and untold When will you learn? strong supporter of the repeal of the amount of litigation by passing this Mr. UPTON. Mr. Chairman, I yield 2 IPAB provisions. However, we can’t un- bill. This could effectively create lower minutes to the gentlelady from North dermine Americans’ rights in court premiums for everybody and lower the Carolina, the vice chairwoman of the through placing arbitrary limits on cost of health care. Energy and Commerce Committee, malpractice cases. That’s what this bill This bill would eliminate, as pointed Mrs. MYRICK. before us does. We shouldn’t solve a out even by the gentleman from Texas,

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It’s have been enjoying because of the Af- the power to influence prices and guide clear that countless pages of regula- fordable Care Act. care, not this board. tion, rules, and requirements for Then comes this disastrous marriage Beyond controlling Medicare, the ObamaCare have been incredibly con- between two bills—one that will repeal Independent Payment Advisory Board’s fusing. When we had this hearing, it the Independent Payment Advisory rationing edicts will serve as a bench- was brought up clearly that this bill, Board—which some Democrats like mark for private insurance carriers’ over 2 years old, has given almost 1,700 myself support—and the other mal- own payment changes. Although Mr. waivers to entities who cannot comply practice bill, which I strongly oppose WAXMAN bemoaned the fact that pri- with this health care bill. because it will trample States’ rights, vate insurance would be part of Medi- So my constituents and individuals providing extraordinary protections for care, this thing will actually dictate throughout this country view these drug and medical device and health in- the behavior of private insurances in massive new rules and regulations as surance companies, making it nearly this country. increasing interference by the Federal impossible for those harmed to seek The board will have far-reaching im- Government into their lives. And, obvi- and achieve justice. plications beyond Medicare for our Na- ously, business communities are seek- I support the IPAB repeal because in tion’s doctors. Because of the limita- ing waivers. Seventeen hundred enti- its current form it will not achieve sig- tions on what the control board can ties are asking for waivers because nificant savings or ensure quality ac- cut, the majority of spending reduc- they can’t comply. It creates uncer- cess to health care under Medicare. Ad- tions will come from cuts to part B, tainty in the marketplace. ditionally, as a physician who prac- the doctors’ fees. Doctors will become So for all these reasons we must pass ticed for more than two decades, I’m increasingly unable to provide the this bill. In fact, IPAB is SGR on opposed to its broad authority to make services that the board has decided are steroids. Rather than fixing the SGR recommendations that would det- not valuable. problem in the health care law, Demo- rimentally affect health care providers Is the answer to squeeze out doctors? crats are happy to allow continued cuts and eventually Medicare beneficiaries. Sounds like rationing to me. to physician payments and then double However, attaching at the very last So which sounds like the better— down on further cuts through IPAB. minute a medical malpractice bill that Medicare bankruptcy and an unelected This is a group of 15 unelected bureau- provides protection to every entity in- board deciding the care of Medicare crats who would save Medicare by volved in medical malpractice and beneficiaries or doctors and patients making draconian cuts to provider pay- health care lawsuits except the victim deciding and defending the right of the ments. Democrats wanted to control is just plain wrong. care that they receive? The future of American health care the future cost of Medicare by giving And, no pun intended, but adding in- should not be left up to this board, to unelected, bureaucrats the power to sult to injury is the fact that their this panel. It’s an aloof arbiter of cut payments to hospitals and to our medical malpractice bill is completely health care for seniors who depend on doctors. outdated. The bill was designed more Medicare. I support the repeal of the If Democrats were serious, they than two decades ago. Back then we Independent Payment Advisory Board. would support this bill. NANCY PELOSI, did have challenges with malpractice I’ll just leave you with a quote from the former Speaker and minority lead- insurance, but today those challenges the American Medical Association: er said, ‘‘We have to pass this bill so have been addressed. Today, we do not It puts our health policy and payment de- you can find out what’s in it.’’ Remem- have a malpractice insurance crisis in cisions in the hands of an independent body ber that quote? this country. with no accountability. Major changes in the I am determined to make sure we I strongly oppose H.R. 5, and encour- Medicare program should be decided by don’t have to fully implement the bill age my friends on the other side of the elected officials. so we can see what it costs. aisle in the future, if it’s more than The American Medical Association. Mr. WAXMAN. Mr. Chairman, I’m al- just political rhetoric, to quit while Mr. WAXMAN. Mr. Chairman, I am ways amused when I hear people talk they’re ahead. pleased to yield 3 minutes to my col- about government interference in our Mr. PITTS. Mr. Chair, at this time I league from California, one of the key lives. If people think Medicare is an yield 2 minutes to the distinguished people in the authorship of the Afford- unjust government interference in vice chairman of the Health Sub- able Care Act, GEORGE MILLER. their lives, they can forgo their Medi- committee, the gentleman from Texas, Mr. GEORGE MILLER of California. care, but I don’t know too many people Dr. BURGESS. I thank the gentleman for yielding. who would like to do that. What the Mr. BURGESS. I thank the chairman Mr. Chair, I came to Congress in 1975. Republicans are proposing is to take for the recognition. Since that time, I’ve been involved in that Medicare away from them and Mr. Chairman, I will focus my re- the debate over national health reform turn it over to private insurance. Put marks on the Independent Payment proposals. Throughout these debates, that to a vote. I don’t think the Amer- Advisory Board because it encompasses lawmakers struggled with how to con- ican people would support that either. all that is wrong with the Affordable trol costs without sacrificing quality I am pleased to yield 2 minutes to a Care Act. The health law itself con- care. Unfortunately, for decades, Con- very important member on our com- tains policies that will disrupt the gress chose to kick the can down the mittee, especially the Health Com- practice of medicine. Along with the road while costs continue to climb and mittee, the Representative from the many excesses and constrictions within to soar. This trend ended with Afford- Virgin Islands (Mrs. CHRISTENSEN). the law, the Independent Payment Ad- able Care Act. Mrs. CHRISTENSEN. I thank you for visory Board represents the very worst For the first time, Congress put in yielding. of the worst of what will happen. place specific and identifiable measures Mr. Chair, I rise today during a time As a physician, as a Member of Con- that will make our health care system when we should all be celebrating the gress, as a father, as a husband, as a more transparent and efficient. This many great successes of the Affordable patient in his sixties, I am offended by includes the creation of the Inde- Care Act on its second-year anniver- the Independent Payment Advisory pendent Payment Advisory Board. This sary. Democrats have rightly been ap- Board. This board is not accountable to board will be a backstop to ensure that plauding the health and economic ben- any constituency, and it exists only to Federal health programs operate effi- efits of affordable, reliable access to cut provider payments to fit a mathe- ciently and effectively for both seniors

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3866 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 and taxpayers. We need to give these And now here we are with deja vu all it. And if we don’t like it, we can innovations a chance to work. Because over again. We’re about to have 15 change them. without these innovations, there’s lit- Presidential appointees—even under I think we have the Republicans try- tle hope to get health care costs under the advice of both Chambers of Con- ing to scare people. They come in and control. gress—none of whom are involved with say ‘‘Medicare costs too much.’’ Well, Five hundred thirty-five Members of medicine, making decisions with re- if it costs too much, that’s why we Congress cannot be nor should they be gard to who makes decisions for you in need this backup, to be sure that we’re the doctors who think they know best terms of what gets paid and how much holding down costs. They say, ‘‘it costs of the practice of every medical field. gets paid to doctors and hospitals. But too much and therefore let’s ends it.’’ Five hundred thirty-five Members of as it goes through, what happens if That doesn’t make any sense. I think Congress are not immune to special in- there’s a decision that says it’s not Americans should not be fooled. terests that have a financial stake in going to be covered? Can you call the Mr. Chairman, I would like to now the decisions that are made—not nec- board, itself? No. Can your doctor call yield 3 minutes to my colleague from essarily in the best interest of the sen- the board? No. Can your hospital call California, the ranking member of the iors, the taxpayers, or the delivery of the board? No. Can your Member of Subcommittee on Health of the Ways medicine in this country, but perhaps Congress call the board? No. But, in and Means Committee, Mr. STARK. in the best interest of their companies. fact, it would take an act of Congress Mr. STARK. I want to thank Mr. That’s why the Affordable Act created passed by the House and Senate and WAXMAN for yielding to me at this an independent board of health experts signed by the President to override time. to make the recommendations to im- them. I rise in opposition to H.R. 5, brought prove the system. It does not usurp the So who is this panel, and what deci- to the floor by my Republican col- role of Congress. It simply acts as a sions can they make? By law, it’s peo- leagues. It does two things. It repeals fail-safe in case government spending ple who are involved with finance, eco- IPAB as created in the Affordable Care exceeds benchmarks. Under the law, nomics, hospital administration, reim- Act, and it enacts a medical mal- doctors will retain full authority to bursements, some physicians, health practice reform long sought by my Re- recommend the treatments they think professionals, pharmacy benefit man- publican friends as a way to protect are best for patients. The law also pro- agers, employers, people involved with pharmaceutical companies, medical de- hibits recommendations that would ra- outcome research and medical health vice companies, and health care pro- tion care, change premiums, or reduce services and economics. viders from any liability or full liabil- Medicare benefits. What’s missing from that is any re- ity when they cause harm or death. In short, this independent board is quirement that it might be people who The medical malpractice part of this about strengthening Medicare with evi- have knowledge of such things as on- bill is so bad that the California Med- dence-based decisionmaking. Without cology, endocrinology, pediatrics, ob- ical Association rejects the bill and innovative reforms like the board, stetrics, geriatric medicine, family says to vote ‘‘no’’ unless they had a de- Medicare’s future will be put in jeop- medicine and surgery, and the list goes cent medical malpractice reform part ardy. Kicking this can down the road on and on. So, in other words, what’s in it. And when the doctors will reject any further will only bolster those who going to happen here is not only if you medical malpractice reform issues, you seek to kill Medicare. We must like your doctor you may not be able know it’s got to be bad. strengthen Medicare, not end the Medi- to keep him or her, but if your doctor This extreme proposal is really not care guarantee. doesn’t like what’s going to be covered, needed. I happen to agree with the part The Affordable Care Act strength- there is nothing he or she can do about of the bill that repeals IPAB. We re- ened Medicare. It extended the life of that. This is not the practice of medi- fused to include it in the House version the trust fund and has already lowered cine; this is the practice of government of health reform. And Congress has al- costs for millions of seniors. However, overtaking medicine. ways stepped in in its congressional without innovation, our current sys- While Americans were begging for us manner to strengthen Medicare’s fi- tem will be unsustainable for our Na- to fix a broken system, what they got nances when needed, and I see no need tion’s families, businesses, and tax- was half a trillion in new taxes, half a for us to relinquish that duty. We only payers. trillion in Medicare cuts, trillions in have to look at the health reform law. The Republican plan to end the Medi- new costs, and massive mandates—1,978 It has extended solvency; it has slowed care guarantee is no alternative. Inno- new responsibilities of the Secretary of spending growth; it has lowered bene- vation is the alternative. I urge my Health and 150 boards, panels, and com- ficiary costs; it has improved benefits, colleagues to support the Independent missions yet to be appointed. And we modernized the delivery system, cre- Payment Advisory Board and reject don’t know what’s going to happen. We ated new fraud-fighting tools. We’ve this legislation. need to return health care to where it done a good job. In fact, the CBO b 1540 really is going to be fixed. projects that IPAB won’t even be trig- Mr. WAXMAN. Mr. Chairman, I yield Mr. PITTS. Mr. Chairman, I would gered until the next 10 years, proving myself 1 minute. much rather hear from some of our we’ve already done our job here in Con- We’re talking about the Independent doctor friends who are speaking so elo- gress of strengthening Medicare’s fi- Payment Advisory Board—advisory quently. I have another doctor, a mem- nances. board. ber of the Health Subcommittee, from Today’s Republican support to repeal The appointed membership of the Board Pennsylvania. I yield 2 minutes to the IPAB isn’t a sincere interest in pro- shall include physicians and other health viding Medicare for all. They still want distinguished gentleman, Dr. TIM MUR- professionals, experts in the area of PHY. pharmaco-economics or prescription drug to give us an unfunded or underfunded Mr. MURPHY of Pennsylvania. I benefit programs, employers, third-party voucher, slash and burn funding. And thank the gentleman. payers, individuals skilled in the conduct despite my opposition to IPAB, it’s far Last decade, when I was a State sen- and interpretation of biomedical, health less dangerous to Medicare than the ator of Pennsylvania, I took on HMOs services. Republican voucher plan put forth in and plans that made decisions by ac- Dot, dot, dot. These are people who the House Republican budget this countants and MBAs and not MDs. It will give us some recommendations, week. IPAB doesn’t undermine Medi- was important to do that because we but they can’t give us recommenda- care’s guaranteed benefits and its abil- found that doctors could not make de- tions to take away services. They can’t ity to reduce Medicare spending. It has cisions even though they were sup- give us a recommendation to impose guardrails to prevent it. It doesn’t per- posedly empowered to do that. Instead, more costs on the Medicare bene- mit costs to come from reducing Medi- there were boards that would make de- ficiaries. And when they give us their care and increasing costs on bene- cisions for them. recommendations, Congress can act on ficiaries. It prohibits rationing, and it

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.000 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3867 has annual limits on the cuts. The Re- MICRA law. While we agree with the intent Page 16. Lines 24–25: ‘‘. . . or the manufac- publican voucher plan has none of of H.R. 5—to provide MICRA-like protections turer, distributor supplier, marketer, pro- these protections. for physicians in other states—we have seri- moter, øor¿ seller, or prescriber of a medical The Republicans are continuing their ous concerns with two provisions that will product, . . .’’ march begun by Newt Gingrich to have increase physician liability costs not only in Page 17, Lines 15–16: ‘‘. . . or the manufac- California but across the country. We believe turer, distributor supplier, marketer, pro- Medicare ‘‘wither on the vine.’’ I urge these provisions are inconsistent with the moter, øor¿ seller, or prescriber of a medical my colleagues to vote ‘‘no’’ on yet an- stated intent of the legislation to reduce in- product, . . .’’ other political stunt, which really, surance premiums and overall health care Page 17, Line 25: ‘‘44. . . or the manufac- thankfully, is not destined to become costs. turer, distributor supplier, marketer, pro- law at this time. 1. Fair Share Rule moter, øor¿ seller, or prescriber of a medical Sacramento, CA, Mar. 15, 2012. California has a joint and several liability product, . . .’’ RE. H.R. 5 Protecting Access to Healthcare law that governs economic damages and al- The CMA urges you to accept these impor- Act. lows claimants to recover the full amount of tant amendments. We appreciate the efforts CMA Position. Oppose Unless Amended. economic damages from any defendant. The to repeal the IPAB, to protect California’s Fair Share Rule in H.R. 5 will preempt Cali- MICRA law with a state preemption, and to Hon. JOHN BOEHNER, fornia’s law and put full recovery by injured bring liability relief and lower health care Speaker, House of Representatives, patients at risk. As written, the Fair Share costs to the rest of the nation. Washington, DC Rule will dramatically increase the potential Thank you for this important work. Hon. NANCY PELOSI, for physicians to face enforcement pro- Sincerely, Minority Leader, House of Representatives, ceedings against their personal assets. This JAMES T. HAY, MD, Washington, DC. will force physicians to purchase increased President. DEAR SPEAKER BOEHNER AND LEADER medical professional liability insurance cov- PELOSI: The California Medical Association Mr. PITTS. Mr. Chairman, I’d just erage, which will significantly increase li- has adopted a position of Oppose Unless like to take 30 seconds to respond to ability premiums in California for physi- Amended on H.R. 5 the ‘‘Protecting Access cians. the distinguished ranking member be- to Healthcare Act.’’ While we strongly sup- Therefore, CMA requests the following fore I yield to Mr. BASS. port the repeal of the Medicare Independent amendment that would allow states with He mentioned that this so-called ex- Payment Advisory Board (IPAB) and appre- joint and several liability laws to maintain pert panel could have physicians and ciate the state preemption of medical liabil- those important laws. health care professionals. I refer him to ity laws that will preserve California’s suc- Page 23, line 4 Add: (b) Protection of cessful MICRA law, we have serious concerns section 3403(g) of PPACA on page 423, States’ Rights and Other Laws. with two additional medical liability provi- specifically on the majority for the (1) Any issue that is not governed by any sions that will expose California physicians panel. There’s a specific prohibition provision of law established by or under this to even greater liability despite the bill’s title (including State standards of neg- that you can’t have a majority of stated legislative intent to reduce health ligence) shall be governed by otherwise ap- health care providers or physicians on care costs and insurance premiums. plicable State or Federal law. IPAB. And as far as these being rec- SUPPORT REPEAL OF THE MEDICARE (2) This title shall not preempt or super- ommendations, you can’t appeal; you INDEPENDENT PAYMENT ADVISORY BOARD (IPAB) sede any State or Federal law that imposes can’t sue this board. Only with three- CMA strongly opposes the Medicare Inde- greater procedural or substantive protec- fifths vote in both Chambers with com- pendent Payment Advisory Board (IPAB) tions for health care providers and health mensurate cuts can you overturn their which thwarts Congress’ stewardship of the care organizations from liability, loss, or Medicare program and gives fifteen unac- recommendation. damages than those provide by this title or I yield 1 minute to the gentleman countable individuals the power to make sig- create a cause of action or any State law that nificant cuts to Medicare. We believe it is governs the allocation or recovery of damages from New Hampshire (Mr. BASS). Congress’ responsibility to ensure the Medi- among joint tort feasors. Mr. BASS of New Hampshire. I thank care program meets the needs of their com- 2. No Punitive Damages for Medical Prod- my friend from Pennsylvania for yield- munities. The IPAB is mandated to make ucts and Devices That Comply With FDA ing to me. draconian cuts if Medicare spending exceeds Standards Mr. Chairman, I rise in support of the unrealistic budget targets in 2014. While we The CMA has serious concerns with grant- bill consisting of two previous bills— appreciate the necessity to control the ing complete immunity from punitive dam- tort law reform and a repeal of the growth in health care spending, the IPAB ages to medical product and device manufac- Independent Payment Advisory Board. mandate does not leave room to actually re- turers, distributors and suppliers. We believe form the program, particularly because hos- this will force plaintiffs to look only to phy- I wasn’t here when the Obama health pitals and other providers are exempt from sicians and other providers to seek relief and care, the Affordable Care Act law, was the cuts until 2020. It disproportionately will significantly increase physician expo- passed. In listening to the debate over harms physicians who are already challenged sure and liability costs. CMA believes that the last half hour, you would have to provide care to Medicare patients with the United States Supreme Court decision on thought that nobody supported this limited resources. As you know, physicians this issue in Levine v Wyeth was correct and bill. Of all the speakers we’ve had, I are facing large Medicare SGR payment cuts should remain the law because the alleged think three have admitted they sup- over the next decade as well. benefits of providing immunity to pharma- ported it then, and now you’d think These measures are already forcing more ceuticals companies through preemption are California physicians to limit the number of far outweighed by the harm to patient care that it never existed. Well, any agency Medicare patients they can accept. If addi- and physicians. that’s scored by CBO to save $3.1 bil- tional cuts take effect, physicians will be Therefore. CMA urges that subdivision (c) lion is not going to do it by providing forced to leave the program—harming timely of Section 106 of Title I of the Protecting Ac- more services for seniors or innovation access to quality care for California’s seniors cess to Healthcare Act be stricken in its en- or preservation. It’s going to do it by and military families. tirety. cutting payments to providers or by The IPAB was not part of the House Health At the very least, if Title I, Section 106(c) Care Reform bill because most of the leaders cutting services to beneficiaries. It’s as remains in the bill, the CMA requests the simple as that. in the California delegation opposed it. following amendments to protect physicians Please continue to stand against an IPAB from punitive damages liability that would This is the beginning of, perhaps, the that takes important decisions out of your otherwise be that of the manufacturers and core of what represents a Federal Gov- hands. suppliers of medical products and devices. ernment takeover of health care serv- MEDICAL LIABILITY: OPPOSE UNLESS AMENDED Page 10, line 14: (c) No punitive damages ices in this country. Sure, there may For the last several decades, California’s for products that comply with FDA stand- be a process whereby recommendations medical liability law—MICRA—has success- ards could go to the Congress; but instead of fully protected patients and physicians. It (1) In General (A) No punitive damages the relationship being between a pa- has kept medical liability insurance afford- may be awarded against the manufacturer, tient and a doctor, it is going to be able and thus, protected access to care for distributor, or prescriber of a medical prod- California patients while reducing health uct, or a supplier of any component or raw governed more by a Federal bureauc- care costs. CMA appreciates the provisions material of such medical products, based on racy that will make these decisions. in H.R. 5 that allow state preemption and the a claim that such product caused the claim- I urge support of the pending bill, preservation of California’s important ant’s harm where— H.R. 5.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3868 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 b 1550 are harmed by the tort-reform provi- ple with disabilities and the American public Mr. WAXMAN. Mr. Chairman, I yield sions of H.R. 5—Federal intrusion cou- about their replacement plan. myself 1 minute. pled with disregard for injured con- What exactly is the Republican alternative? We hear these things now, but we sumers. My colleagues on the other side of the aisle heard them in 1965 when Medicare was Instead of working to improve health have talked a lot about Medicare costs and being proposed—socialized medicine, care quality, as the Affordable Care sustainability, but what is their plan? If the al- an unfair government intrusion into Act does, H.R. 5 simply restricts the ternative is anything like the proposals in- our lives. rights of patients harmed by dangerous cluded in the Republican budget—which shifts Medicare is a popular, successful pro- drug companies, nursing homes, med- costs to seniors and empowers insurance gram. I support it. But the Republicans ical device manufacturers, doctors, and companies—then I choose IPAB. didn’t support it then, and they don’t hospitals. My colleagues on the other side of the aisle have strategically paired IPAB repeal with support it now. I am especially opposed to arbitrary The Affordable Care Act is an excel- caps on noneconomic damages. Eco- medical malpractice reform. We do have a medical malpractice crisis in lent bill. I proudly voted for it because nomic damages provide compensation this country—but it is not that injured con- as a result of that legislation we’re al- for lost wages. Noneconomic damages sumers are suing too much—in fact, the num- ready seeing young people being able to provide compensation for injuries that are just as real and damaging, injuries ber of suits has declined. It is not that injured get insurance up to 26 years of age on consumers are receiving exorbitant compensa- liking excruciating pain, disfigure- their parents’ policies. We’re already tion—in fact, the size of settlements and ment, loss of a spouse or a grand- seeing seniors getting help to pay for awards have been stable—tracking the rate of parent, inability to bear children. their prescription drugs. We are seeing medical inflation. insurance companies prohibited from These arbitrary caps are particularly The crisis we are facing in America is that the abuses where they put lifetime lim- discriminatory for seniors and children too many patients are the victims of medical its, and they’re going to be stopped who don’t have lost wages and are not errors and too many good doctors are being from denying people health insurance worth much. overcharged by private insurers. We cannot because of preexisting medical condi- H.R. 5—higher costs to seniors and make this a fight between doctors and trial tions. This is good, and we’re going to disabled people and fewer legal rights lawyers and lose sight of the fact that too get even more benefits for over 30 mil- for injured consumers. It’s a bad deal many Americans will be affected by mal- lion Americans when the bill is fully in on both counts. practice. Their lives and the lives of their fami- place. I hope the American people understand lies will never be the same. It is their interests It’s a good bill. The Republicans what is going on here today. H.R. 5 rep- that we must protect. would like to repeal it. But let’s not resents another in a long line of partisan polit- One in three patients admitted to a hospital forget, they didn’t want Medicare in ical attacks on the Affordable Care Act. experiences an ‘‘adverse event’’—they get the the first place. Yesterday, my colleagues on the other side wrong prescription, receive the wrong surgical Mr. Chairman, now that I’ve used my of the aisle released their FY 2013 budget procedure, acquire an infection. But this goes minute, I would like to yield 3 minutes proposal. Once again they propose to repeal far beyond preventable medical injuries in hos- to a member of our committee from the Affordable Care Act and once again they pitals. This legislation is so broadly drafted the State of Illinois (Ms. SCHAKOWSKY), propose to end the Medicare guarantee. that it will apply to medical devices, pharma- who has been very involved in helping I find it ironic that my colleagues on the ceutical products, nursing homes and for-profit seniors on all of these programs, other side of the aisle criticize the Medicare health insurers. whether it’s Social Security or Medi- program because they claim cost growth is out We haven’t any assurance that this bill will care or Medicaid. She is very knowl- of control and the program is going bankrupt. reduce the incidence of medical malpractice— edgeable and highly respected—a little The Medicare provisions of the Affordable nor has anyone given us any assurance that shorter than the podium, but I’m Care Act are replete with provisions from cut- it will lower medical liability premiums. But one pleased to yield to her. ting fraud to improving the efficiency of health thing is certain—it will trample on states’ rights Ms. SCHAKOWSKY. I thank the gen- care delivery that will lower costs—without and take away long-standing civil justice tleman very much for yielding to me. shifting costs to seniors and people with dis- rights. Taking away patient rights does not im- I hope the American people under- abilities or cutting the Medicare guarantee. prove the quality of our health care system— stand what’s going on here today. H.R. The Independent Payment Advisory Board is it just leaves injured consumers without re- 5 represents another in a long line of designed as a backstop to those provisions— course. partisan political attacks on the Af- which CBO tells us will be effective enough I especially oppose arbitrary caps on non- fordable Care Act. that we will not even need IPAB for the next economic damages and other restrictions on Since its passage 2 years ago, this decade. the rights of medical malpractice victims to historic law has been under attack. To- And, here we are today set to consider leg- seek accountability and compensation for their day’s bill would repeal the Independent islation to repeal the Independent Payment injuries. We are going to hear from proponents Payment Advisory Board. The Afford- Advisory Board not because my colleagues on of H.R. 5 that these caps are not harmful be- able Care Act is replete with provisions the other side of the aisle have a better idea cause economic costs—medical bills and lost wages—are left uncapped. to lower Medicare costs, from unprece- but because they want to get rid of the entire But what about injuries that are just as pain- dented tools to fight fraud to efficiency Affordable Care Act and eliminate Medicare. ful but less quantifiable—the inability to bear reforms. The IPAB is a backstop to If IPAB has to act, the Affordable Care Act children, the loss of a spouse or child or those provisions. explicitly states that it can only make rec- grandparent, excruciating pain, permanent and What the Affordable Care Act does ommendations regarding Medicare and cannot severe disfigurement. not do—and what the IPAB is prohib- make recommendations that would ration Non-economic damages compensate injured ited from doing—is increase costs to care, raise premiums, increase cost-sharing, victims for very real injuries—and those who seniors and people with disabilities or restrict benefits or modify eligibility. IPAB is suffer those injuries deserve their full and fair cut benefits. That may be why my Re- also supposed to consider the effect of its rec- day in court. publican colleagues don’t like it. If you ommendations on Medicare solvency, quality H.R. 5 is an attack on victims who, for the look at their proposal to take away the and access to care, the effect on changes in rest of their lives, will suffer as a result of neg- Medicare guarantee and turn it into a payments to providers, and the impact on ligence and malpractice. We should not add to voucher program, you can see why. In- those dually eligible for Medicare and Med- their pain by denying them their legal rights. stead of lowering costs for everyone as icaid. I urge my colleagues to reject H.R. 50. the Affordable Care Act does, the Re- There are certainly ways to improve IPAB Mr. PITTS. Mr. Chairman, at this publican plan just shifts costs onto the and the Affordable Care Act—but the bill be- time I yield 1 minute to another distin- backs of those who can least afford it— fore us doesn’t make improvements—it just re- guished member of the Health Sub- seniors, disabled people, and their fam- peals. I wish my colleagues on the other side committee, the gentleman from Ken- ilies. These are the same people who of the aisle would be honest with seniors, peo- tucky (Mr. GUTHRIE).

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3869 Mr. GUTHRIE. I thank the gen- most severely injured. Because it’s that $250,000 cap to present value, those tleman for yielding. what caps on damages do, they penalize people in today’s dollars are only get- I rise today in support of H.R. 5, leg- those with the most egregious injuries ting the equivalent of $64,000, no mat- islation to repeal the IPAB and make and those who have no earning capac- ter how serious their injury is. critical reforms to our medical liabil- ity. So who are those people? They’re That’s why I oppose this legislation, ity system. seniors, they’re children, and they are and that’s why people who believe in The IPAB was created in the health stay-at-home mothers. They’re the the Constitution and in the States’ care law as a way to contain growing ones most severely penalized when you rights, under the 10th Amendment, to costs, but the reality is those savings take away rights guaranteed in the Bill decide what their citizens will receive will likely be found by removing health of Rights and the Declaration of Inde- as justice should be outraged that this care decisions from patients and doc- pendence. So I oppose this bill in the bill is on the floor today. tors and placing them in the hands of name of the Tea Party, not just the Mr. PITTS. Mr. Chairman, at this unelected and unaccountable bureau- current Tea Party, but the original Tea time I yield 2 minutes to the gen- crats. Party, which was founded in opposition tleman from New Jersey (Mr. LANCE), H.R. 5 also addresses the critical to taxation without representation. another valued member of the Health issue of medical liability reform. Our If you go to Thomas Jefferson’s Dec- Subcommittee. current tort system is driving doctors laration of Independence, you will see Mr. LANCE. Mr. Chairman, I rise out of the practice of medicine. Those that grievance against King George today in support of H.R. 5 that com- who remain are forced to practice de- listed. Right below it in the Declara- bines the repeal of the Independent fensive medicine, further increasing tion of Independence is this grievance, Payment Advisory Board with signifi- health care costs. that he has taken away the right to cant medical malpractice reforms that The Congressional Budget Office has trial by jury. That right was so impor- will help reduce health care costs and estimated that medical-liability re- tant, ladies and gentlemen, that it was preserve patients’ access to medical form will save hardworking taxpayers embedded in the Seventh Amendment care. over $40 billion. H.R. 5 makes two com- to the Bill of Rights. It says very clear- Today marks the 2-year anniversary monsense reforms to protect doctors ly that in suits at common law, which of the House passage of the President’s and patients. I urge my colleagues to is what a medical negligence claim is, health care law. During that debate 2 support the bill. the jury gets to decide all questions of years ago, I joined Members from both Mr. WAXMAN. Mr. Chairman, may I fact and no one else. Well, one of the sides of the aisle in calling on the inquire how much time each side has. most important questions of fact in a President to address one of the drivers The Acting CHAIR (Mr. HASTINGS of jury trial is the issue of damages. My of the high cost of health care by re- Washington). The gentleman from Cali- friends are trying to take away that forming the current medical liability fornia has 36 minutes remaining, and right from the jury—the very same system. Unfortunately, the President’s the gentleman from Pennsylvania has people who elected us to Congress—be- health care bill passed the House on 44 minutes remaining. cause they apparently think that Con- March 21, 2010, absent any real or Mr. WAXMAN. Mr. Chairman, at this gress knows more than the people who meaningful medical liability reform. time I’d yield 5 of our 36 minutes to the sent us here, those who go into jury The new law did include the Inde- gentleman from Iowa (Mr. BRALEY). boxes all over this country in your pendent Payment Advisory Board, or Mr. BRALEY of Iowa. I thank the State and listen to the actual facts of IPAB, and this cost-control board, gentleman for yielding. the case before deciding what’s fair, in- made up of 15 unelected and, might I Mr. Chairman, here we go again. My cluding the all-important issue of what add, unconfirmed officials, has the conservative friends are once more try- are fair and reasonable damages. power to make major cost-cutting deci- ing to take away rights of American So they’re talking a lot today about sions about Medicare, with little over- citizens that are as old as the Declara- defensive medicine. I want to tell you sight or accountability. tion of Independence and the Bill of about the myth of defensive medicine. The IPAB has been criticized by both Rights. They’re doing it by talking Every time a health care provider sub- Republicans and Democrats, and its re- about taking away the rights of pa- mits a fee-for-services, they represent peal is supported by nearly 400 groups tients without ever mentioning the that that medical procedure or that representing patients, doctors, and em- words ‘‘patient safety.’’ medical test was medically necessary. ployers. This issue has been with us for a long If they don’t make that representation, Today, on the 2-year anniversary of time. In fact, about 10 years ago, the they don’t get paid. Well, guess what, the House passage of the health care highly regarded Institutes of Medicine folks? If something is performed and law, we have an opportunity to move did three studies on the issue of patient billed as ‘‘medically necessary,’’ that, to the future and enact real health care safety and the alarming cost it adds to by definition, is not defensive medi- reform that will help bring down our overall health care delivery sys- cine, because defensive medicine is health care costs that are escalating at tem. when you’re doing something that’s unsustainable rates while, at the same The first of their studies was called not medically necessary to protect time, protecting needed care for our ‘‘To Err is Human: Building a Safer yourself from litigation. So you can’t senior citizens. Health System.’’ On this cover it says: have it both ways. You can’t take the As a member of the House Energy ‘‘First, Do No Harm.’’ The study con- money and claim you are practicing and Commerce Committee, I am cluded that every year up to 98,000 peo- defensive medicine. pleased to have the opportunity to ple die in this country due to prevent- work on this important legislation, and able medical errors. It also talked in b 1600 I urge all of my colleagues to support this study about the cost of those med- We also heard about the myth of set- H.R. 5. ical errors. It estimated that the cost ting these caps 30 years ago and never Mr. WAXMAN. Mr. Chairman, I con- of failing to stop these preventable adjusting them for inflation. They al- tinue to reserve the balance of my medical errors is between $17 billion ways want to talk about the California time. and $29 billion a year. Now, if you mul- bill that was passed in the mid-seven- Mr. PITTS. Mr. Chairman, at this tiply that over the 10 years of the Af- ties and impose the very same cap in time I yield 2 minutes to the gen- fordable Care Act, that means if we this bill, $250,000. tleman from Georgia, Dr. GINGREY, an- eliminated those errors, we would save What they don’t tell you is, if you ad- other distinguished member of the $170 to $290 billion a year. just that cap based on the rate of med- Health Subcommittee. So do we focus on patient safety and ical inflation over that same period of Mr. GINGREY of Georgia. Mr. Chair- preventing medical errors? No, we time, the cap would now be worth al- man, I thank the gentleman for yield- focus on taking away the rights of the most $2 million and that, if you reduce ing. And, of course, I stand in strong

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3870 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 support of H.R. 5, the PATH Act, hav- tients that are in the millions of dol- payers, for our employers and for our ing authored half of the legislation, lars. citizens. that is, the HEALTH Act, the medical So the gentleman from Iowa was to- liability reform act. tally disingenuous in what he was try- b 1610 But I’m also strongly in favor of re- ing to explain—a very smooth talking, peal of IPAB, the Independent Pay- very convincing lawyer. That’s what It’s advisory. These 15 people who ment Advisory Board created under we expect. have experience in economics and in ObamaCare. We know and our col- But we want to end frivolous law- medicine will look at data, will look at leagues on the other side of the aisle, suits so that those who are truly in- information. What’s there to fear in many of them, know that this is the jured get their day in court, and that’s their doing that? They’ll make rec- most egregious part of this 2,700-page what this bill does. ommendations to Congress. Congress piece of legislation, which is now the Mr. WAXMAN. Mr. Chairman, I yield will retain the right to have the final law of the land. But what it is, Mr. myself 1 minute. say as to whether these recommenda- Chairman, IPAB, is their way of saving I thank the gentleman, who is a phy- tions will work or not or if we want to Medicare. sician, for his comments. substitute something else. That makes I’ll ask them time after time: What is He said he wants to save Medicare. sense. your plan to save Medicare? They have He said the Republicans want to save The alternative is what has been put no answers. All they want to do is con- Medicare. They want to save Medicare, forward to essentially shift the burden tinue to criticize our side of the aisle but their budget proposal would end of rising health care costs onto seniors when we have meaningful, thoughtful Medicare. and citizens by turning Medicare into a plans to save and protect and strength- Let’s just understand, those who are voucher. It would cap what the tax- en, not just for these current recipients on Medicare know they can go to the payer would pay by exempting this under the Medicare program, those who doctor or the hospital or other health Congress from making reforms in how are seniors, those who are disabled, but care provider and Medicare will pay. we deliver care that could result in also our children and our grand- Under the Republican proposal, they’d costs coming down and simply saying children. be given a voucher and told to go buy to seniors on Medicare that if costs go What do we get from this side of the a private insurance policy, as much as up 6.5 percent a year, another 6.5 per- aisle, from the Democratic side? We they could afford by adding additional cent—you know what, folks?—you are get IPAB. money. To save it, they want to end it. on your own. Figure out how to pay for The language says no rationing, yet And we hear the statement, so-called it. Congress is AWOL on this. the provisions call for cutting reim- pain and suffering. For people who are So to the extent that we claim we bursements to providers; and eventu- living their lives with constant pain want access but we won’t control costs ally, without question, just as it has in and suffering from a medical mal- and take steps that are required to Canada and the UK, Mr. Chairman, practice problem, it’s not so-called to make health care spending sustainable, that leads to the denial of care. If them. It’s a real, terrible situation we’re shirking our responsibility. IPAB that’s not rationing, I don’t know what that they have to live with. is not the answer, but it’s a good tool. it is. I think that, because one of our To reject it and instead replace it Let me, in the remaining part of my speakers happens to be a trial lawyer, with a voucher system where the full time, speak a little bit in regard to I want to point out that the past burden of runaway health care costs H.R. 5, the HEALTH Act, the medical speaker is a medical physician, as if are simply imposed on seniors is the liability reform act. that should make a difference. Let’s wrong way to go in a continuation of The gentleman from Iowa, the trial base our arguments on the points that Congress ducking its responsibility for attorney, was just up here trying to are made. the reforms in the health care system imply that we would take away a per- I, at this point, want to yield 3 min- that our citizens need and deserve. son’s right to a redress of their griev- utes to the gentleman from Vermont Mr. PITTS. Mr. Chairman, I am ances if they had been injured by a (Mr. WELCH), an important Member pleased at this time to yield 3 minutes medical provider or a health care facil- whom we hope will come back to our to one of our leaders, the distinguished ity because of practice below the stand- committee in the very near future. gentleman from Texas (Mr. HEN- ard of care. Mr. WELCH. I thank the gentleman. SARLING). The Acting CHAIR. The time of the In Vermont, we faced the challenge Mr. HENSARLING. Mr. Chairman, gentleman has expired. that we face in this Nation: We want to regrettably the President’s policies Mr. PITTS. I yield the gentleman an- have access to health care, and we have failed and continue to harm our other 1 minute. want it to be affordable. economy. Mr. GINGREY of Georgia. And I When we had legislation, the Demo- We were told if we would pass the thank the gentleman. crats were pushing access. The Repub- stimulus plan, unemployment would The gentleman from Iowa knows, in lican Governor was concerned about never exceed 8 percent, and instead it’s fact, that that is absolutely not true. cost. We sat down and realized we’re exceeded 8 percent for 37 straight What we do in this HEALTH Act is both right. If Democrats want to months. We were told that the Presi- limit the awards for so-called pain and achieve the goal of access to health dent would cut the deficit in half, and suffering at $250,000. And, Mr. Chair- care for everybody, we have to control instead we have the worst debt in our man, indeed, a number of States, after cost. Our Republican Governor was Nation’s history. We were told he California enacted this law 35 years right. We worked to do that. This Con- would take steps to reduce the price of ago—Texas, Florida, my own State of gress has failed to do that. oil, and instead gas prices have doubled Georgia—have enacted caps higher Health care costs are rising beyond at the pump. One more of his policies than that, and, no doubt, other States our ability to pay. Whether it’s the that has failed is clearly his health will do so in the future, because this taxpayer, whether it’s the business care plan. bill specifically says—and it’s called that’s paying the premiums, whether We were told that it would create the flex caps—that if a State wants to it’s an individual who is self-pay, you jobs, but instead every day I hear from enact a limit on noneconomics of $1 cannot have health care costs rising at job creators in the Fifth District of million and have it applicable to mul- 6.5 percent a year, as they have for the Texas who write me things like: tiple defendants, they can do that. past 10 years, higher than the rate of ObamaCare will put a tremendous burden They have the right to do that. And in inflation, profits, or the economic on my company. I can’t put a 5-year plan in regard to the injury to a patient, there growth. It can’t be sustained. IPAB is a place. I therefore have to withhold cash for are no caps whatsoever. There are still tool to help us control health care expansion. suits that are awarded to injured pa- costs. We have to do that for our tax- I also hear things like:

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3871 I could start two companies and hire mul- said. He wants to vote to repeal that. ade. That’s because the Affordable Care tiple people, but based on this administra- We understand that. They want to pick Act’s cost-containment provisions are tion and the lack of facts with ObamaCare, I it apart piece by piece. already having a significant impact on will continue to sit and wait. Let me talk about it. Two years ago, slowing the growth of health care and We know now that the Congressional we passed a comprehensive health care Medicare spending. Budget Office says that the health care reform package that is already low- This proves that the Medicare spend- plan will cost us almost a million jobs ering costs, expanding access, and con- ing can be constrained without turning from this economy. tributing to deficit reduction. The Af- Medicare into a voucher program as We were also told that if we pass this fordable Care Act was a significant mo- the chairman has said. That forces sen- that health care would be more afford- ment when Congress once again took iors to spend more and ends the Medi- able and lower premiums, but instead bold action to constrain the growth in care guarantee. Americans don’t want the Congressional Budget Office now health care spending and make insur- that. tells us that the new benefit mandates ance more accessible and affordable for The Republican plan does exactly will force premiums to rise in the indi- all Americans. As the wealthiest coun- that and tries to mask the end of Medi- vidual market by $2,100 per family. try on the face of the Earth, we ought care as we know it by talking about Any way you look at it, the Presi- to make sure that people can get insur- choices and competition. dent’s health care law is harming job ance and have affordable, accessible The Acting CHAIR. The time of the growth; it’s harming our economy. But health care. gentleman has expired. perhaps even more ominously, it’s the Insurance companies can no longer Mr. WAXMAN. I yield the gentleman infamous Independent Payment Advi- deny coverage to children with pre- an additional minute. sory Board, section 3403 of the act, that existing conditions. I bet they think Mr. HOYER. But both competition will harm our seniors. that’s a benefit, a protection that will and choice already exist in the Medi- The IPAB is going to be comprised of be extended to all Americans by 2014. care program. 15 unelected, unaccountable bureau- I’ve had a lot of people talk to me b 1620 crats handpicked by the President. about that provision. They like it. Their sole job is going to be to ration Insurance companies can no longer Of beneficiaries, 99.7 percent have ac- health care to our seniors and impose drop Americans from their policies cess to at least one Medicare Advan- Federal price controls. This will un- when they get sick or impose arbitrary tage plan, and in the majority of coun- doubtedly slash senior access to doc- and unfair caps on coverage. You buy ties, they have an average of 26 private tors and to other providers. They lit- insurance to make sure when you get plans to choose from. In spite of all erally will be making decisions about sick you have coverage. If you get very these choices, about 75 percent of all the health of our loved ones, our par- sick and need more coverage, it says seniors still choose to remain in tradi- ents, and our grandparents. you can’t cancel because you’re really tional Medicare. The Centers for Medicare and Med- sick. I think Americans like that. The Republican budget, released just icaid Services actuary has confirmed Since the Affordable Care Act was yesterday, paints a clear picture of that large reductions in Medicare pay- signed into law, over 32 million seniors their priorities, showing once again ment rates to physicians would likely on Medicare have access to free pre- they stand for ending the Medicare have serious implications for bene- ventative services. The Medicare part guarantee, shifting ever-increasing ficiary access to care utilization, in- D doughnut hole is on the path to close costs on to our seniors and repealing tensity, and quality of services. completely by 2020. Seniors who fall all of the Affordable Care Act’s patient Mr. Chairman, when it comes to my into this coverage gap are right now protections. parents, both of whom are on Medicare, getting a 50 percent discount on their I stand behind the cost-containment no government acronym, no govern- brand drugs. They like that. provisions, the delivery-system re- ment bureaucrat, no government board Now 360,000 small businesses have al- forms, the improvement to Medicare, can ever substitute for the good judg- ready taken advantage of tax credits and the new benefits and protections ment of their chosen family doctor. that are helping them provide more af- that were enacted under health reform. That’s why today I’m proud to stand fordable coverage to over 2 million And I stand with my fellow Democrats with my colleagues here to vote to re- workers. Lifetime limits on over 105 and America’s seniors in support of peal the IPAB. million Americans with private insur- preserving the Medicare guarantee and Once again, we need to repeal the ance have been eliminated. Over 2,800 ensuring that Medicare remains avail- President’s health care plan and do it employers have already received finan- able and affordable for generations to today. cial assistance that helps them provide come. Mr. WAXMAN. Mr. Chairman, I am affordable insurance to 13 million retir- I appreciate the ranking member’s pleased at this time to yield 4 minutes ees who are not yet eligible for Medi- leadership on this issue and all of those to the distinguished Democratic whip, care. who were critically responsible in en- Mr. HOYER, from the State of Mary- The CBO continues to project that suring that Americans have access to land. the Affordable Care Act will reduce the affordable quality health care. Mr. HOYER. I want to speak about deficits by tens of billions of dollars by Mr. PITTS. Mr. Chairman, 2 years this bill, but I also want to respond to the end of this decade. ago, they said PPACA would cost less the chairman of the Republican Con- Despite all of these benefits, today than $1 trillion. The CBO’s new esti- ference, who apparently fails to realize Republicans will take yet another vote mate says it’s going to cost over $1.7 that we’ve created 4 million jobs, 3.96 to repeal part of the Affordable Care trillion. Stay tuned. million to be exact, over the last 24 Act. But what they want to do is repeal I now yield 2 minutes to the author months. We’ve had 10 quarters of the act. That’s what the chairman said of the IPAB repeal, the gentleman from growth in America. As opposed to los- of the conference. I take him at his Tennessee, Dr. ROE. ing 786,000 jobs the last month of Presi- word. I appreciate his honesty. Mr. ROE of Tennessee. I thank the dent Bush’s term, we added 257,000 last Today their focus is on the Inde- chairman for yielding. month in the private sector. pendent Payment Advisory Board, or I guess, if the Affordable Care Act is So to say that the President’s pro- IPAB, which couldn’t be a less timely so popular with the American people, gram is not working is simply inac- issue. IPAB is a backstop mechanism that’s why 60 percent want it over- curate. to ensure that the Affordable Care turned. I’ll start by saying that. That’s Now, ladies and gentlemen, this is a Act’s savings and cost-containment the latest that I’ve seen. wolf in sheep’s clothing. They don’t provisions will be achieved. But CBO Let me just go over briefly what the like the health care bill. That’s what has already said they don’t expect it to IPAB is and why I’m so vehemently op- the chairman of the conference just be triggered at all over the next dec- posed to it.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3872 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 As an over-30-year practicing physi- tainty so that those costs don’t keep through here, and it’s going to be im- cian, I’ve looked at this, and I’ve seen rising beyond anybody’s ability to pay. plemented in 2013. two examples already of why I know What has happened in a lot of places, You can spend all the time you want and what I know is going to happen Mr. Chairman, is access to OB doctors passing bills in here that are abso- here. and high-risk doctors has been limited lutely kabuki theater, because this bill We have the model in the SGR, the because of the liability. is going to go over to the Senate. You sustainable growth rate, which is what I strongly support H.R. 5, and urge all know it has to pass both the Senate we pay Medicare physicians today. As my colleagues to do the same. and the House. The Senate put this in. has been stated multiple times, we Mr. WAXMAN. Mr. Chairman, no- Does anybody think that the United have a board with 15 appointed people body is going to deny that there is a States Senate is going to take away to it. Over half of them cannot be problem with medical malpractice. The seniors’ rights to health care? I mean, health care providers or cannot be issue is whether the State of Tennessee does anyone think that? You’re accus- health care-related folks that are going can adopt a law to solve its own prob- ing the United States Senate of putting to make decisions based on a formula lem the way the State of California has this in the bill, setting it up to take for Medicare spending. We’re going to done, the way the other States have away health care benefits from seniors. set limits. If you exceed those limits, acted. Let the States operate in this That is nonsense. If you think the Sen- then cuts will come to providers. We’ve area which has been traditionally re- ate is going to walk away from this done that with SGR. And guess what served for them. Washington does not provision, well, more kabuki theater. the Congress has had the ability to do have all the answers. Imposing one sys- We will be back on another day. during that time? To override those tem on the whole country is not the The Acting CHAIR. The time of the cuts, because everybody in here, both way to go. gentleman has expired. Republicans and Democrats, under- I would like to at this point yield 3 Mr. WAXMAN. I yield the gentleman stand if we cut our providers, we’re minutes to the gentleman from the 1 additional minute. going to decrease access for those pa- State of Washington (Mr. MCDERMOTT). Will the gentleman yield? tients. Mr. MCDERMOTT. Mr. Chairman, Mr. MCDERMOTT. I yield to the gen- What has happened with SGR? Just 2 you might ask why we’re having this tleman from California. weeks ago, we passed an SGR tem- debate. Well, the Republicans have b 1630 porary fix to the end of this year to never wanted to solve the Americans’ avoid a 27 percent cut in physician pay- problem with health care access and Mr. WAXMAN. We want to hold down ments. Guess what would happen with cost; and the Congress passed, with the the costs in health care for Medicare, IPAB? Mr. Chairman, there would be a President’s help, a bill that gave access itself. The cost of health care is going 27 percent cut to Medicare providers to many millions of people and put in up for all health care coverage; but and in 5 years—also, the hospitals are place some mechanisms to control Medicare, if it goes up too much, it’s a included. I can tell you our rural hos- costs. real problem. So in the Affordable Care pitals where I live will not survive The Republicans have tried to repeal Act, we try to put in place ways to hold those cuts. Those cuts will occur with it again and again, Mr. Chairman; and down costs by reorganizing the deliv- minimal overlook from this U.S. Con- they know next Wednesday it’s going ery of care. We have some other strate- gress and no judicial review. to be in the Supreme Court. So today is gies. We hope it will work. But for a Let me read this right here: IPAB is press release time, and they have a for- backstop, if it doesn’t work, there is the single biggest yielding of power to mula for press releases in this House. this Independent Payment Advisory an independent entity since the cre- The Members are going home to their Board, and they will give us some idea ation of the Federal Reserve. This is districts, so they select a straw man as to how to hold down health care not me. This is Peter Orszag, the and they put him up here. The straw costs. former budget director for President man in this case is the IPAB. Then Now, it seems to me, the biggest ob- Obama. they scare seniors. They say: this IPAB jection is, once they give their rec- My concern as a practicing physician is going to take away your health care. ommendations, we can accept them, we is that if we cut physician payments so Then all the seniors are supposed to can change them, or we can let them far, our patients will not have access to crawl under the chair or under the bed go into effect. I think the biggest prob- us. Right now, Mr. Chairman, in the because the Republicans are out scar- lem is that if nothing happens, those primary care group I’m in, that access ing people again. They do it by telling health care costs go up; and that’s is already being limited, and we see it half truths. what preserves the right of Congress, is around the country. This commission will make rec- to let nothing happen. And this is not One final thing. I started practicing ommendations that the Congress can how to hold down costs. This is to let as an obstetrician in 1977. I’ve delivered adopt, change, or if they don’t want to the costs go up. almost 5,000 babies. I paid $4,000 a year do it, they can let them go into play. I thank the gentleman for yielding. for malpractice coverage. When I left, They have three choices, and the Con- Mr. PITTS. Mr. Chairman, at this the young physician who replaced me gress can do either to change them or time, I yield 3 minutes to another doc- was paying $74,000 a year. The patient adopt them. We’re not to giving away tor, Dr. HARRIS, from the State of has got no more value. our power. That is a half truth to say Maryland. In 1975, when I got back home from that we are. Mr. HARRIS. Mr. Chairman, I think the Army, every single malpractice Secondly, as you heard from the the gentleman from California just carrier had left the State of Tennessee. whip, it’s 10 years before this happens. said what this is all about: The IPAB is Almost all 10,000 physicians in Ten- Folks, if you’re sitting at home watch- about cutting expenditures for our sen- nessee get their insurance from a mu- ing this—Mr. Chairman, they are prob- iors on Medicare when they need their tual company. Since 1975, over half the ably all scared and have quit eating health care. premium dollars that every doctor has their dinner because they’re worried The IPAB is no straw man. It’s a paid into the State of Tennessee has about what’s going to happen. We’re health care policy bureaucrat’s dream gone to attorneys, not to the injured talking about something that’s going and a Medicare patient’s nightmare. party. Less than 40 cents of every dol- to happen in 10 years. This is simply a It’s 15 bureaucrats—and the gentleman lar has gone to the people who have ac- scare tactic, and it is directly related from California called it right—insur- tually been injured. to the attempt to derail the President’s ance company representatives, phar- We have a terrible system of paying reelection. If they can take down this macy company representatives, benefit people who have been injured, compen- health care bill, they will have him. managers, employers, all those people sating them. This will allow us to do They will have shown he hasn’t done who really have the care of an indi- that and will allow us to get some cer- anything. But the fact is he got it vidual patient in mind.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3873 In fact, that rationing board limits Mr. BUCSHON. Mr. Chairman, I rise pitching his 2,000-page health care the number of health care professionals today in support of repealing the Inde- overhaul, I was back home in Michi- who can serve to a minority, a minor- pendent Payment Advisory Board, or gan, taking care of patients and won- ity of people, and then goes further and the so-called IPAB; and I urge Presi- dering how this law was going to says, And, oh, by the way, they have to dent Obama and our colleagues in the change the relationship between a phy- actually stop practicing health care for U.S. Senate to join us, the House Re- sician and hispatients. the 6 years they sit on the board. How publicans, in saving access to quality Now the President’s broken promises close are they going to be to knowing care for America’s seniors. have shown us: Instead of providing what’s going on in the care of a pa- I’ve been a practicing physician for real solutions to strengthen the doctor- tient? over 15 years, and I don’t think I have patient relationship or improving the The gentleman from Iowa talked seen anything potentially more detri- way we deliver health care to patients, about the myth of defensive medicine. mental to seniors’ health care than the the President gave us the Independent I want to ask anyone who cares to go Independent Payment Advisory Board Payment Advisory Board. IPAB is a 15- in a labor and delivery suite and look created under the Affordable Care Act. member commission of unelected bu- what’s happened to obstetric care, to As has already been said, this group of reaucrats charged with cutting Medi- our women in America over the past 40 15 unelected Washington, DC, bureau- care spending, specifically reimburse- years because we don’t have effective crats, appointed by the President, will ment for physicians. It’s a very Wash- tort reform. be making decisions on the funding of ington-type solution to take something I’m an obstetric anesthesiologist. I Medicare with little oversight from as personal as a doctor seeing a patient spent 30 years in a labor and delivery your elected officials. This is not a par- in his office and creating a panel of suite. In 1970, the cesarean section rate tisan issue. Whether it’s this President, Washington bureaucrats to determine in this country was 5 percent. One in 20 the next President, or a President 20 how that’s going to be paid for. women going to a hospital to have a years from now, no President should As a physician, I can tell you that baby would have a cesarean section. have the power to create a board with when you set up an unelected board Last year it was 33 percent. I will tell this much control over health care. and give them unprecedented power you, not much has changed about Doctors provide critical care to our and little government oversight, the childbirth in that time, but now a Nation’s seniors, but they also run a results will be clear. This will lead to woman going into the hospital to have business. They have to receive proper arbitrary cuts to the Medicare pro- a baby has a one in three chance of reimbursement to keep their doors gram, less access to care, and ration- having a cesarean section. Not only open or they will lose their ability to ing. Today we are voting to stop that that, but 40 years ago—those of you provide care for America’s seniors. from happening. who want to, ask people you know who The Affordable Care Act has already Mr. Chairman, we’ve already heard delivered 40 years ago. Most obstetrics cut over $500 billion from the Medicare the other side of the aisle accusing the was delivered by a one- or two-person program, and then the President dou- majority of pushing Grandma off a group where a woman got to know the bled down by proposing over $300 bil- cliff. But instead of scare tactics and obstetrician who was going to deliver lion more in his budget. Medicare can- hyperbole, I ask Members on both sides her baby. not sustain further cuts if we are to of the aisle to support this effort to re- Go ask the folks in your district now keep access for America’s seniors. peal the IPAB. Support this effort to what happens. You go into a group of Without any chance of judicial or eliminate what seniors are really con- about 10 or 12 people because they can’t congressional oversight, IPAB will be- cerned about: a group of unelected bu- afford the malpractice insurance. They come one of the most powerful agen- reaucrats making health care decisions have to go into a big group so someone cies within our government. for them. else can pay it. It’s impersonal service. I ask the American people: What part As a physician, I am proud to support Go and try to find an obstetrician who of the government operates this way? the repeal of this ill-conceived ration- is in their fifties or sixties and prac- When people in Washington, DC, make ing board on behalf of all my patients ticing obstetrics. They gave it up long decisions you don’t agree with, you can and constituents in northern Michigan. ago because they can’t afford the pre- vote them out of office, but when IPAB b 1640 miums. The most experienced obstetri- makes a decision, the American people cians are no longer delivering care to most likely will have no recourse. Mr. WAXMAN. Mr. Chairman, I con- American women. If the President and the U.S. Senate tinue to reserve the balance of my The C-section rate is one in three, really are concerned about saving time. and a woman can’t even expect to see Medicare, which they claim to be, I Mr. PITTS. Mr. Chairman, at this her obstetrician every time she goes to urge them to get serious and work with time I yield 2 minutes to another those prenatal visits because there are us, because according to CBO, Medicare health care professional—a nurse—the eight or 10 in the group, and they all may be insolvent as early as 2016. We gentlelady from North Carolina, RENEE have to have a chance to see that pa- need to reform Medicare in order to ELLMERS. tient. That’s what the lack of tort re- strengthen and preserve it for future Mrs. ELLMERS. I thank the chair- form has done to the delivery of care to generations, and true reform is not man for this opportunity to speak with women in this country. continuing to cut funding of the pro- my colleagues as a nurse and a wife of We need to pass this bill and pass it gram. a general surgeon. now. Again, I urge the President and the Mr. Chairman, IPAB was created Mr. WAXMAN. Mr. Chairman, may I Senate to join us in eliminating IPAB. under ObamaCare to slash Medicare inquire how much time each side has Mr. WAXMAN. I continue to reserve spending by restricting health care remaining in the general debate. the balance of my time. services for seniors in need. Repealing The Acting CHAIR. The gentleman Mr. PITTS. Mr. Chairman, at this IPAB will restore the doctor-patient from California has 171⁄2 minutes re- time I yield 2 minutes to another doc- relationship. maining, and the gentleman from tor, the gentleman from Michigan, Dr. Mr. Chairman, when someone goes to Pennsylvania has 293⁄4 minutes remain- BENISHEK. the doctor, they reveal the most per- ing. Mr. BENISHEK. I thank the chair- sonal experiences of their lives and en- Mr. WAXMAN. I will reserve the bal- man for yielding. gage in a relationship with a dedicated ance of my time. Mr. Chairman, as my good friend, the health care professional who puts his Mr. PITTS. Mr. Chairman, at this chairman, knows, before I came to this or her career on the line for the pur- time, I yield 2 minutes to another doc- House, I served as a general surgeon for pose of making that individual whole tor, the gentleman from Indiana, Dr. three decades. So 2 years ago this again. Left alone, President Obama’s BUCSHON. week, while President Obama was government-knows-best mentality will

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3874 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 force our seniors to cede this relation- gether in affordable care organizations, signed a letter to former Speaker ship to a board of unelected and unac- ways for doctors to manage the care PELOSI on December 17, 2009, that says countable bureaucrats who will have from physician to physician in a more the IPAB provisions severely limit the the power over the health and the lives efficient way, and we have a backup if congressional oversight of the Medi- of millions of other Americans. Each these other things don’t work—to have care program and eliminate the trans- patient is unique, and their care rests an advisory committee to give us their parency of congressional hearings and on the doctor’s ability to provide the ideas; but their ideas cannot lead to ra- debate. Moreover, the creation of a best treatments available, regardless of tioning health care or making people Medicare board would effectively the cost of their liability. have to pay more money for their in- eliminate State community input in One of the greatest challenges facing surance or to restrict benefits or mod- the Medicare program, removing the our Nation’s health care system, in- ify eligibility. That’s what we propose ability to develop and implement poli- cluding Medicare, is the rapidly rising to do. cies expressly applicable to different costs. This legislation recognizes that. The Republicans propose to take patient populations. So IPAB or an This legislation repairs and repeals the away the assured guarantee of services equivalent commission, they said, IPAB with commonsense medical li- under Medicare and require people to could not only threaten the ability of ability reform that will save billions of go find a private insurance plan, if they Medicare beneficiaries but of all Amer- dollars. can afford it, over and above the vouch- icans to access the care they need. I have sat and listened to the debate er, which would never keep pace with I yield 2 minutes to the gentleman today, and I have listened intently over the increase of health care costs. from New Mexico (Mr. PEARCE). the 2 years since ObamaCare went into At this time, I yield 2 minutes to my Mr. PEARCE. Mr. Chairman, I appre- effect, and I still have one question to California colleague (Mr. THOMPSON). ciate the opportunity to speak on this my Democrat colleagues across the Mr. THOMPSON of California. I legislation, H.R. 5. aisle: What is your solution for Medi- thank the gentleman for yielding. One of the most trusted sources of in- care? We know it is not sustainable as I rise today in opposition to this leg- formation in my Mom’s life—she’s in it is now. What is your solution? islation. Whether or not you’re a fan of her eighties—is her physician. We just Mr. Chairman, Federal bureaucrats the IPAB, I strongly urge you to op- got a history lesson, a civics lesson, should not dictate to doctors how to pose the bill. This bill is not about from our friends across the aisle just a provide care, force them to provide IPAB.This bill is nothing more than a moment ago expressing how the Demo- medication regardless of their known political maneuver to attack the Af- crat Congress passed, the Democrat complications, and make them liable fordable Care Act on the 2-year anni- Senate passed, and a Democrat Presi- with no limits or protections. versary of its enactment. dent signed into law a bill that puts The Acting CHAIR. The time of the I challenge anyone to talk to one of into place ways to control the costs. It gentlewoman has expired. the over 7,000 young adults in my dis- took $500 billion from Medicare in Mr. PITTS. I yield the gentlelady an order to pay for the bill that they additional 30 seconds. trict who now have health care insur- ance coverage and ask them if the Af- passed. Then in addition to the civics Mrs. ELLMERS. We have got to lesson, we were given a political reality move forward on malpractice reform. fordable Care Act should be repealed. Or maybe the 6,000 seniors in my dis- that the Senate is not going to take Our colleagues ask the question, How the bill up—therefore, we should not be trict who have saved over $3 million on can malpractice be put in place at the discussing it. the cost of prescription drugs. Or the Federal level? And yet they have put I think, for the peace of mind of peo- Federal health care as an issue and put 30,000 children and 120,000 adults who ple like my mom who are going to have control as an issue. now have health care insurance that the IPAB, this independent board, in- We must provide patients and med- actually covers preventive services serted between them and their doc- ical professionals with the security and without burdensome copayments. Or tors—Mom won’t even get to talk to the safety net. the thousands of children with pre- her doctor if this board decides she Mr. WAXMAN. I yield myself such existing health conditions who will no can’t. The scheduler will simply say time as I may consume. longer be denied coverage by health in- you have to come back next month or Mr. Chairman, our idea for Medicare surers or told they’ve hit their lifetime next year, and we’re told we shouldn’t for the future is to make it better, not cap for services because of a disease bring that up because it might scare to eliminate it. In the Affordable Care with which they were born. Ask them seniors. Seniors have a right to be Act, we provide help for seniors to pay if they’d like to repeal the Affordable scared. They have a right to wonder. for their prescription drugs, especially Health Care Act. when they’re in the doughnut hole. We No one has ever suggested that this b 1650 provide money so they will be sure to bill was the perfect solution to health If some board does not even answer have preventive services without hav- care, but we should be working to- to Congress, it can change laws with- ing to pay for them so that we know we gether to fix it, not trying to repeal it out coming to us, and it can write its can prevent diseases that we otherwise for cheap political points. And to add own rules; and we’re to be told that we have to pay to treat. We have extended the medical malpractice provision that should not be discussing this issue be- the life of the Medicare trust fund. they added in this bill, that is so cause it might frighten seniors. It just We’re always looking for ways to hold wrong-headed that the doctors in Cali- might, and they very well should be down costs in a reasonable, rational fornia have come out in opposition to told. way. this bill. Any doctor will tell you The Obama health care legislation One of the reasons we have very high there’s work that needs to be done in did not bring one new doctor into serv- costs in Medicare is, when a doctor and regard to medical malpractice, but the ice, but it brought millions of new pa- a patient get together, the doctor de- way this was done has even brought the tients in. The real truth is that we cides on how many services are going doctors to the table in opposition. have increasing demand for doctor to be paid for, especially when that So, on behalf of the millions of Amer- services because of these new patients doctor gets paid more money for more icans who are already benefiting from and no new supply. You’re going to services. Therefore, we’ve got to look the Affordable Care Act, I ask you to have to limit it somewhere. They want- for alternatives to that. Now I have a join with me and with the California ed to hide this limitation under the feeling the doctors like the idea of de- doctors in opposition to this legislation IPAB. We’re simply saying, let’s re- ciding how many services are going to that does no one any good at all. store the relationship between 86-year- be paid for, but we just can’t afford Mr. PITTS. I yield myself such time old moms and the doctors. Let’s get rid that. as I may consume. of the IPAB. This bill would do it. So we have ways to hold down health Mr. Chairman, I find it interesting Mr. WAXMAN. I yield myself such care costs by trying to bring people to- that the gentleman who just spoke time as I may consume.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3875 Mr. Chairman, if you listen to the rate case against each defendant, each So, Mr. Chairman, I would hope that comments that were just made on the case requiring a finding of duty of care, we will not pass a Federal law to abol- House floor, it would be better to leave a breach of that duty, a proximate ish joint and several liability at the over 30 million people without health cause, a finding of damages, and then a State level, and I would urge my col- insurance because they want to see determination of what part of the dam- leagues to oppose this legislation. doctors when they get sick. ages are attributable to what mal- Mr. PITTS. Mr. Chairman, at this The legislation, the Affordable Care practice. time, I yield 2 minutes to the gen- Act, provides more training for doctors Each of those cases requires an ex- tleman from Illinois (Mr. HULTGREN). pensive expert witness, depositions, and higher reimbursement for primary Mr. HULTGREN. Mr. Chairman, I and the full expense of complicated care doctors, and it provides for the op- rise today in support of this bill. portunity to get a medical education litigation. It also complicates any set- The unelected and unaccountable bu- with a payback in underserved areas. tlement that might take place because reaucrats of the Independent Payment We’re going to get more doctors, but a patient can’t take a chance of set- Advisory Board pose a threat to the we shouldn’t say that those who have tling with one defendant without ability of seniors in my district and health insurance should turn their knowing what, ultimately, the other around this country to get the health backs as the Republicans, I feel, are defendants might have to pay. care they need. doing to all of those who have no insur- What’s most disturbing about this ance whatsoever. bill is it eliminates joint and several li- Across my district, I hear from doc- I want to yield, at this point, 5 min- ability for all kinds of damages, includ- tors who are deeply concerned about utes to the distinguished gentleman ing economic damages. In doing so, their ability to accept more Medicare from the State of Virginia (Mr. SCOTT) H.R. 5 is more extreme than most recipients because reimbursement so he can further speak on this legisla- States’ laws. Economic loss com- rates are already too low; but if the tion. pensates injured parties for their out- IPAB bureaucrats are allowed to ration Mr. SCOTT of Virginia. Mr. Chair- of-pocket expenses, such as the hos- care, rates will be driven even lower. man, I rise today in opposition to H.R. pital bills, the doctor bills, and lost Fewer doctors will be able to afford to 5. There are several troublesome provi- wages. Even though the proponents of treat Medicare patients. It’s cruel to sions with the bill. H.R. 5 claim to use California’s Medical tell our seniors that they have Medi- For example, it sets an arbitrary and Injury Compensation Reform Act as a care but refuse to tell them that there discriminatory $250,000 cap on non- model, not even California eliminates will be no doctors who will be able to economic damages; it reduces the joint and several liability for economic treat them. amount of time an injured patient has damages. IPAB will be the end of Medicare as to file a lawsuit; and it also repeals Mr. Chairman, over centuries, each we know it and the end of seniors’ abil- State has balanced judicial procedures IPAB, the board created by the Afford- ity to get treatment from their pre- between defendants and plaintiffs. able Care Act to control Medicare costs ferred doctors. That’s why we must act Some provide longer and some shorter while preserving access to care. now to repeal IPAB—to protect seniors Although there are many trouble- statutes of limitations. Some have and to protect Medicare. large, some have small, and some have some provisions in the bill, I’d like to I hope my colleagues on both sides of no caps at all on damages. Some deny speak at length about one provision, recovery in cases of contributory neg- the aisle will join me in supporting this the so-called fair share provision. bill. The fair share provision would repeal ligence. Others allow recovery based on comparative negligence. Most have Mr. PITTS. May I ask the gentleman the general rule of joint and several li- joint and several liability—a few do how many speakers he has remaining? ability. Joint and several liability is a not—but the interests of plaintiffs and Mr. WAXMAN. We have one. common law principle that enables an defendants have been balanced over the Mr. PITTS. I’ll yield to myself at injured patient to seek compensation years in each State. We should not this time, then, such time as I may from any or all of the parties respon- override centuries of the State-level consume. sible for the patient’s injuries. Joint balancing of these interests by pre- and several liability provides that each Mr. Chairman, H.R. 5, the Protecting empting some parts of tort law with of the guilty defendants are jointly re- Access to Healthcare Act, the PATH this Federal bill. sponsible and individually responsible Act, not only fixes our broken medical Mr. Chairman, we usually hear that liability system; it also repeals the for the total damages, and, if they tort reform is necessary to address want, they can agree in advance on Independent Payment Advisory Board, three problems: defensive medicine, one of the most ominous provisions in how to apportion fault among them- high malpractice premiums, and frivo- selves; thus they can purchase and the President’s sweeping overhaul of lous lawsuits. health care. share the cost of insurance and charge This bill will not prevent, will not do their fees for services based on that anything to deal with defensive medi- Medical liability reform will preserve agreement. cine, because the lawsuits are not access to quality health care in States The general rule of joint and several eliminated. There will still be defen- like Pennsylvania by allowing doctors liability does not burden the injured sive medicine, and because it increases in high-risk specialties, such as obstet- patient with the requirement of assign- expenses for defendants, it may actu- rics and neurosurgery, to practice ing proportional fault. This PATH Act ally increase total malpractice pre- without the fear of frivolous lawsuits creates a bizarre and impossible stand- miums. and, according to the Congressional ard for the patient by eliminating joint Finally, the bill does not target friv- Budget Office, to reduce the Federal and several liability. It requires that olous lawsuits. The Institute of Medi- deficit by $48.6 billion over the next 10 the plaintiff, who is the patient, dem- cine estimates that approximately up years. onstrate each negligent party’s propor- to 100,000 patients die every year due to According to the President’s health tional responsibility. This is often im- medical mistakes, and yet there are care law, the purpose of IPAB is to re- possible for the plaintiff because fre- only about 15,000 medical malpractice duce Medicare’s per capita growth rate. quently all the patient knows is he payments each year, so there’s a ques- The board is made up, as we’ve heard, woke up as the victim of malpractice. tion of whether or not frivolous law- of 15 unelected, unaccountable bureau- Why should he then be required to find suits are even a problem. But to the ex- crats who will be paid $165,300 a year to out what each and everybody did? And tent that it is a problem, this bill will serve 6-year terms on the board. If how does he do that when everybody is not target frivolous lawsuits; it will in- Medicare growth goes over an arbitrary denying any liability? crease the cost of litigation and may target, the board is required to submit Unfortunately, this bill essentially reduce all lawsuits, but it will not tar- a proposal to Congress that would re- requires the plaintiff to conduct a sepa- get frivolous lawsuits. duce Medicare’s growth rate.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3876 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 b 1700 tims of sexual abuse from getting jus- I thank the gentleman for yielding to These recommendations will auto- tice from the institutions and pro- me. matically go into effect unless Con- viders who had harmed them. Mr. Chairman, I yield back the bal- gress passes legislation that would The health reform law, which the Re- ance of my time. achieve the same amount of savings. In publicans want to repeal, included mal- Mr. PITTS. Mr. Chairman, before I order to do so, Congress must meet an practice reforms, like grant programs yield to the gentleman from Georgia, almost impossible deadline and clear for States. While I support improve- Dr. GINGREY, for our close, I just want an almost insurmountable legislative ments to the medical malpractice proc- to remind him of a statement by the hurdle. ess, it’s important to note that mal- chairman. Representative STARK of the The board has the power to make practice is not the primary—not even Ways and Means Subcommittee on binding decisions about Medicare pol- really a significant reason—for the es- Health, during the debate and passage icy with no requirement for public calating health care costs. States that of PPACA, he called the establishment comment prior to issuing their rec- have passed stringent limits on med- of the board ‘‘a dangerous provision ommendations. Individuals and pro- ical malpractice claims like the ones in that sets Medicare up for unsustainable viders will have no recourse against H.R. 5 have in fact some of the most cuts.’’ We should be reminded of that. the board because its decisions cannot expensive health care in the country. At this time, I yield the balance of be appealed or reviewed. In other This bill is irresponsible and unneces- my time to one of the authors of the words, the board will make major sary. Where is the transportation bill? legislation, a distinguished member of health care legislation essentially out- Where are the jobs bills? Why are we on the Health Subcommittee and a doctor, side the usual legislative process. the floor talking about undoing good the gentleman from Georgia, Dr. The board is also limited to how it work instead of doing the work that GINGREY. can achieve the required savings. this Congress should be doing? This bill Mr. GINGREY of Georgia. Madam Therefore, IPAB’s recommendations is irresponsible and unnecessary. I urge Chairman, as a physician Member and will be restricted to cutting provider my colleagues to vote ‘‘no’’ on this po- coauthor of the bill, I am truly honored reimbursements. In many cases, Medi- litical theater. that Chairman PITTS is allowing me to care already reimburses below the cost The Acting CHAIR (Mr. WOMACK). close the debate on H.R. 5, the PATH of providing services, and we’re already The time of the gentleman has expired. Act—appropriately named. For mean- seeing doctors refusing to take new Mr. WAXMAN. I’d like to yield 1 ad- ingful medical liability reform and the Medicare patients—or Medicare pa- ditional minute to the gentleman and elimination of IPAB together will put tients at all—because they cannot af- ask him to yield to me. Medicare in specific, and health care in ford to absorb the losses. Mr. HOLT. I am pleased to yield to general, back on the right path: a path Any additional provider cuts will my friend from California. to fiscal solvency for one-sixth of our lead to fewer Medicare providers. That Mr. WAXMAN. The problem that we economy; a path to compassionate, means that beneficiary access will suf- keep facing is rapidly rising health cost effective, efficient, and timely fer. Seniors will be forced to wait in care costs. It’s not just for Medicare; health care for all who call this great longer and longer lines to be seen by an it’s for private insurance. It’s for any- country home; a path to fairness in our ever-shrinking pool of providers or will body who has health coverage that court systems so that those injured by have to travel longer and longer dis- costs of health care are going up rap- malpractice get their day before a jury tances to find a provider willing to see idly. The approach of Medicare has al- of their peers and they are justly com- them. Clearly, Medicare growth is on ways been to look for ways to hold pensated, not crowded out by the grow- an out-of-control trajectory that en- down the cost. ing problem of frivolous claims and dangers the solvency and continued ex- There was a time when ophthalmol- out-of-control legal fees; a path to a bi- istence of the program. IPAB, however, ogists would charge a fee for removing partisan and a bicameral solution to is not the solution. the cataract and then ask for another one of the most pressing issues that I urge my colleagues to support H.R. fee for inserting the lens. Well, that this Nation will ever again face, that 5. made sense when that surgery was is, to save Medicare for our current With that, I reserve the balance of brand new, but they didn’t want to give seniors and strengthen it for all future my time. up the two fees that they were receiv- generations. Mr. WAXMAN. Mr. Chairman, I am ing because it would be a reduction in Let’s get started right now. Our pleased at this time to yield 2 minutes their reimbursement. But Medicare country cannot wait any longer. Vote to the gentleman from New Jersey (Mr. said no, that really doesn’t make sense. ‘‘yes’’ on H.R. 5, the right PATH Act. HOLT). Medicare does a lot of things to hold b 1710 Mr. HOLT. I thank my friend from down cost, and then private insurance California. picks them up because so often they Mr. CAMP. Madam Chairman, I yield Mr. Chairman, I rise in opposition to make sense. myself such time as I may consume. H.R. 5, which would repeal the Inde- The Acting CHAIR. The time of the Today I come to the floor to speak in pendent Payment Advisory Board, gentleman has expired. support of H.R. 5, the Protecting Ac- which I think is one of the good fea- Mr. WAXMAN. I yield the gentleman cess to Healthcare Act, which, among tures of the health reform law. another 30 seconds. other things, will repeal yet another I have real concerns about H.R. 5. Mr. HOLT. And I yield that to the poorly designed provision from the We’re talking about undoing work in- gentleman. Democrats’ health care law. stead of doing the work that this Con- Mr. WAXMAN. The way to hold down Specifically, this legislation would gress should do—repealing IPAB in the cost is to try to reform the way health repeal the Independent Payment Advi- pretext of protecting Medicare just one care is delivered. Medicare tries to do sory Board. IPAB, as it’s commonly day after the Republican budget was that. If we don’t do it that way, the Re- known, is a dangerous new government released that would end Medicare and publicans would say that private insur- agency made up of unelected bureau- shift the costs of health care to our ance will be able to control it because crats who can meet in total secrecy to seniors while giving tax breaks to mil- that’s all people are going to be able to decide what seniors will pay and what lionaires. There’s just no logic to this. get. No more Medicare. They will have health care services will be available to The bill would also make significant to buy private insurance and let the in- seniors. This unaccountable board has changes to the Federal health care li- surance company tell the doctor and but one objective: to save money by re- ability system, making it difficult for the patient what they will be able to do stricting access to health care for legitimately injured patients to hold with their trying to hold down cost, Medicare beneficiaries. health care providers accountable, in- without regard to the Medicare pa- Nearly 2 years since its passage, the cluding even limiting the ability of vic- tient. Democrats’ health care law remains

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3877 deeply unpopular, with an Associated It’s time to give that independence ment updates for certain providers.’’ The Press poll recently revealing that near- back to doctors, to patients, and to Congressional Budget Office (CBO) has in ly half of the American people oppose Congress by voting to repeal this Wash- fact stated that the Board is likely to focus the law. IPAB, which is a critical com- ington power grab. I urge my col- its recommendations on changes to payment rates or methodologies for services in the ponent of the law, illustrates why leagues to join me in supporting repeal fee-for-service sector by non-exempt pro- those concerns are still so strong. of the Independent Payment Advisory viders. Again, this will have a severe, nega- A separate poll confirms that opposi- Board and to vote ‘‘yes’’ on this legis- tive impact on Medicare beneficiaries. tion far outweighs support with 73 per- lation. Last, we believe that the IPAB sets a dan- cent expressing concern that Medicare MARCH 7, 2012. gerous precedent for overriding the normal cuts recommended by IPAB could go DEAR MEMBER OF CONGRESS: The organiza- legislative process. Congress is a representa- into effect without congressional ap- tions listed below represent a breadth of en- tive body that has a duty to legislate on proval. Even IPAB’s recommendations tities including all sectors of the healthcare issues of public policy. Abdicating this re- industry, employers of different sizes and ge- sponsibility to an unelected and unaccount- overturn a law previously passed by able board removes our elected officials from Congress. Seventy-one percent ex- ographic locations, as well as purchasers of care, consumers and patients. We all share the decision-making process for a program pressed concern that changes made to the conviction that the Independent Pay- that millions of our nation’s seniors and dis- Medicare based on IPAB’s rec- ment Advisory Board (IPAB) will not only abled individuals rely upon, endangering the ommendations cannot be challenged in severely limit Medicare beneficiaries’ access important dialogue that takes place between court, and 67 percent worry that IPAB to care but also increase healthcare costs elected officials and their constituents. could choose to limit which specific that are shifted onto the private sector. We do not believe the IPAB is the right health services are covered by Medi- While we all recognize the need for more sus- way to achieve savings in Medicare and tainable healthcare costs, we do not believe strongly urge Congress to eliminate this pro- care. vision. The American people have every rea- the IPAB is the way to, or will, accomplish this goal. Sincerely, son to be worried. We should be pro- As you know, the Patient Protection and Abigail Alliance, Action CF AdvaMed, Ad- tecting and empowering our seniors, Affordable Care Act (PPACA [P.L. 111–148]) vocates for Responsible Care, AIDS Dela- not jeopardizing their access to health created the IPAB, a board appointed by the ware, AIDS Drug Assistance Programs Advo- care. Yet IPAB removes seniors, physi- President and empowered to make rec- cacy Association, AIDS Housing Association cians, and families from the decision- ommendations to cut spending in Medicare if of Tacoma, AIDS Institute, Alabama making process about how best to meet its spending growth reaches certain meas- Orthopaedic Society, Alabama Podiatric their health care needs. Instead of giv- ures. The IPAB will have unprecedented Medical Association, Alaska State Chamber of Commerce, Alaska State Grange, Alder ing seniors more choices, these power with little oversight, even though it has the power to literally change laws pre- Health Services, Inc., Alliance for Aging Re- unelected bureaucrats will take away viously enacted by Congress. Further, the search, Alliance of Specialty Medicine, choices from patients, from doctors, law specifically prohibits administrative or ALung Technologies, Inc., Alzheimer’s & De- and from families. This government- judicial review of the Secretary’s implemen- mentia Resource Center, Alzheimer’s Arkan- knows-best approach is why Americans tation of a recommendation contained in an sas, American Academy of Facial Plastic & across the country support repeal, and IPAB proposal. Reconstructive Surgery, American Academy it’s also why there’s strong bipartisan We are deeply concerned about the impact of Neurology. support here in Congress to repeal the IPAB will have on patient access to qual- American Academy of Otolaryngology— Head and Neck Surgery, American Academy IPAB. ity healthcare. The bulk of any rec- ommended spending reductions will almost of Physical Medicine and Rehabilitation, When the Ways and Means Com- certainly come in the form of payment cuts American Association for the Study of Liver mittee considered this legislation, we to Medicare providers. This will affect pa- Diseases, American Association of Clinical received numerous letters from groups tient access to care and innovative thera- Endocrinologists, American Association of across the Nation representing employ- pies. In the past five years for which data is Clinical Urologists, American Association ers, patients, doctors, and health care available, the number of physicians unable for Homecare, American Association for professionals who voiced strong sup- to accept new Medicare patients because of Marriage and Family Therapy, American As- port for IPAB repeal. The groups span low reimbursement rates has more than dou- sociation of Neurological Surgeons, Amer- across the political spectrum and in- bled. According to an American Medical As- ican Association of Orthopaedic Executives, sociation survey, current reimbursement American Association of Orthopaedic Sur- clude the Easter Seals, the Alliance of rates have already led 17 percent of all doc- geons, American Autoimmune Related Dis- Specialty Medicine, the Veterans tors, including 31 percent of primary care eases Association, American College of Health Council, FreedomWorks, and physicians, to restrict the number of Medi- Emergency Physicians, American College of Americans for Tax Reform. In total, care patients in their practices. In all likeli- Emergency Physicians—Indiana Chapter, over 390 groups have signed letters ask- hood, the IPAB will only exacerbate this American College of Mohs Surgery, Amer- ing that Congress repeal IPAB, and I problem. ican College of Osteopathic Surgeons, Amer- will insert these letters into the While we are all supportive of improving ican College of Radiology, American College the quality of care in this country, we are of Surgeons—Missouri Chapter, American RECORD. concerned that the IPAB will not be able to Congress of Obstetricians and Gynecologists, America’s seniors deserve better. focus on improving healthcare and delivery American Gastroenterological Association, Without reform, the Medicare trustees system reforms, as some of its proponents American Liver Foundation—Allegheny Di- have said that Medicare will soon go have suggested. Requiring the IPAB to vision. broke and not be able to provide the achieve scoreable savings in a one-year time American Osteopathic Academy of Ortho- benefits seniors rely on. With more and period is not conducive to generating savings pedics, American Physical Therapy Associa- more Americans becoming eligible for through long-term delivery system reforms. tion, American Podiatric Medical Associa- Medicare each day, no time is more ur- According to a recent Kaiser Family Foun- tion, American Society of Anesthesiologists, gent than now to secure the future of dation issue brief, ‘‘[w]hile the requirement American Society of Breast Surgeons, Amer- to achieve Medicare savings for the imple- ican Society of Cataract and Refractive Sur- beneficiaries’ access to care. IPAB does mentation year provides a clear direction gery, American Society of General Surgeons, just the opposite. It threatens seniors’ and target for the Board, it may discourage American Society of Plastic Surgeons, access to health care, and that is why the type of longer-term policy change that American Society of Radiation Oncology, it must be repealed. could be most important for Medicare and American Urological Association, Americans Madam Chairman, the Democrats got the underlying growth in health care costs, for Prosperity, Amigos por la Salud, Arizona it right when they named the IPAB. It including delivery system reforms that BioIndustry Association, Arizona Medical truly is the Independent Payment Ad- MedPAC and others have recommended Association, Arizona Podiatric Medical Asso- visory Board. It’s independent from which are included in the ACA—and which ciation, Arizona Urological Society, Arkan- seniors, independent from people with generally require several years to achieve sas Medical Society, Arkansas Orthopaedic savings. If these delivery system reforms are Society, Arkansas Podiatric Medical Asso- disabilities, independent from the vot- not ‘scoreable’ for the first year of imple- ciation, Associated Industries of Florida. ers, independent from legal challenges mentation, the IPAB may be more likely to Association for Behavioral Healthcare, As- and appeals, and independent from any consider more predictable, short-term sociation of Nurses in AIDS Care, Asthma & accountability. scoreable savings, such as reductions in pay- Allergy Foundation of America—California

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3878 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 Chapter, Asthma & Allergy Foundation of sociation, Kidney Cancer Association of Illi- Medical Association, New Hampshire State America—New England Chapter, Bay Bio, nois, Large Urology Group Practice Associa- Grange, New Horizons Home Health Services, BEACON (Biomedical Engineering Alliance tion, Latino Diabetes Association, Licensed New Jersey Academy of Ophthalmology, New & Consortium), Connecticut, BIOCOM, Professional Counselors Association of Geor- Jersey Mayors Committee of Life Science, BioNJ, BioOhio, Biotechnology Industry Or- gia, Louisiana State Medical Society, Lupus New Jersey Podiatric Medical Society, New ganization (BIO), Bismarck-Mandan Cham- Alliance of America—Hudson Valley Affil- Mexico Podiatric Medical Association, New ber of Commerce, California Healthcare In- iate, Lupus Alliance of America—Queens and York Podiatric Medical Association, New stitute, California Hispanic Chambers of Long Island Affiliate, Lupus Alliance of York State Rheumatologists Society, New Commerce, California Medical Association, America—Southern Tier Affiliate, Lupus Al- York State Urological Society, North Caro- California Orthopaedic Association, Cali- liance of America—Upstate New York Affil- lina Association on Aging. fornia Podiatric Medical Association, Cali- iate, Lupus Foundation of Arkansas, Lupus North Carolina Psychological Association, fornia Rheumatology Alliance, California Foundation of America, DC/MD/VA Chapter, North Carolina Rheumatology Association, Urological Association, Capital Region Ac- Lupus Foundation of Florida, Lupus Founda- North Carolina Urological Association, tion Against Breast Cancer!, Center of the tion of Mid and Northern New York, Lupus North Dakota Chamber of Commerce, North American Experiment. Foundation of the Genesee Valley, Lupus Dakota Medical Association, North Dakota Children’s Rare Disease Network, Coalition Foundation of Pennsylvania, Mabel Wads- Policy Council, Northwest Urological Soci- for Affordable Health Coverage, Coalition of worth Women’s Health Center, Maine Health ety, Ohio Association of Ambulatory Sur- State Rheumatology, Council of University Care Association. gery Centers, Ohio Association of County Be- Chairs of Obstetrics & Gynecology Organiza- Maine Osteopathic Association, Maine havioral Health Authorities, Ohio Associa- tions, Colorado Academy of Family Physi- Podiatric Medical Association, Maine State tion of Medical Equipment Services, Ohio cians, Colorado BioScience Association, Col- Council of Vietnam Veterans of America, Hospital Association, Ohio Orthopaedic Soci- orado Cross-Disability Association, Colorado Maryland Orthopaedic Association, Mary- ety, Ohio State Grange, Ohio State Medical Gerontological Society, Colorado Podiatric land State Medical Society, Massachusetts Association, Ohio Urological Society, Ohio Medical Association, Colorado Retail Coun- Association for Behavioral Health Systems, Veterans United, Oklahoma Podiatric Med- cil, Colorado Springs Health Partners, Com- Massachusetts Association for Mental ical Association, Oklahoma State Medical munity Health Charities of Florida, Commu- Health, Massachusetts Biomedical Initia- Association, Oklahoma State Orthopaedic nity Health Charities of Nebraska, Congress tives, Massachusetts Medical Device Indus- Society, Oklahoma State Urologic Associa- of Neurological Surgeons, Community Oncol- try Council, Massachusetts Orthopaedic As- tion. Old North State Medical Society, Oregon ogy Alliance, Connecticut Orthopaedic Soci- sociation, Massachusetts Podiatric Medical Medical Association, Oregon Podiatric Med- ety, Connecticut Podiatric Medical Associa- Society, Medical Association of Georgia, ical Association, Partners in Care Founda- tion, Connecticut State Urology Society, Medical Association of the State of Ala- tion, Partnership for Drug Free North Caro- Delaware Academy of Medicine, Delaware bama, Medical Society of Delaware, Medical lina, Pennsylvania BIO, Pennsylvania Cham- Ecumenical Council on Children and Fami- Society of the District of Columbia, Medical ber of Business & Industry, Pennsylvania lies. Society of the State of New York, Medical Medical Society, Pennsylvania Orthopaedic Delaware HIV Consortium, Delaware Society of New Jersey, Men’s Health Net- Society, Personal Coaching & Psychotherapy Podiatric Medical Association, Delaware work, Mental Health America of Indiana, for Women, PhRMA, Premier healthcare alli- State Orthopaedic Society, Docs 4 Patient Mental Health America of Greater Houston. ance, RARE Project, RetireSafe, Rhode Is- Care, Easter Seals, Easter Seals Crossroads, MichBio, Michigan Chamber of Commerce, land Medical Society, Rio Grande Founda- Easter Seals Iowa, Easter Seals of Arkansas, Michigan College of Emergency Physicians, tion, New Mexico, Rocky Mountain Stroke Easter Seals of Maine, Easter Seals of Mas- Michigan Podiatric Medical Association, Center, Rural Health IT, Sanfilippo Founda- sachusetts, Easter Seals of New Jersey, Michigan Orthopaedic Society, Michigan So- tion for Children, Society for Cardiovascular Easter Seals of Southeastern PA, Easter ciety of Anesthesiologists, Minnesota Angiography and Interventions. Seals of South Florida, Easter Seals UCP Podiatric Medical Association, Minnesota Society for Vascular Surgery, Society of North Carolina, Elder Care Advocacy of Flor- State Grange, Mississippi Arthritis and Gynecologic Oncology, Society of Urologic ida, Florida Chamber of Commerce, Florida Rheumatism Society, Mississippi Oncology, South Carolina BIO, South Caro- Medical Association, Florida Podiatric Med- Orthopaedic Society, Mississippi Podiatric lina HIV/AIDS Care Crisis Task Force, South ical Association, Florida Society of Neu- Medical Association, Missouri State Medical Carolina Medical Association, South Caro- rology, Florida Society of Rheumatology. Association, Missouri Urological Associa- lina Orthopaedic Association, South Caro- Florida Society of Thoracic & Cardio- tion, Montana Orthopaedic Society, National lina Podiatric Medical Association, South vascular Surgeons, Florida State Hispanic Alliance on Mental Illness, National Alliance Carolina Urological Association, South Da- Chamber of Commerce, Florida Transplant on Mental Illness Colorado, National Alli- kota Podiatric Medical Association, South Survivor’s Coalition, Florida Urological So- ance on Mental Illness Florida, National Al- Dakota State Orthopaedic Society, South ciety, Georgia Association for Home Health liance on Mental Illness Georgia, National Jersey Geriatric Care PC, South Jersey Sen- Agencies, Georgia Bio, Georgia Orthopaedic Alliance on Mental Illness Indiana, National ior Networking Group, Southeastern Medical Society, Georgia Podiatric Medical Associa- Alliance on Mental Illness Maine. Device Association (SEMDA), Southwest tion, Global Genes, Global Healthy Living National Alliance on Mental Illness Michi- Michigan Pharmacist Association, Stockton Foundation, Grand Rapids Area Chamber of gan, National Alliance on Mental Illness NC, Center on Successful Aging, Syndicus Sci- Commerce, HEALS of the South, Healthcare National Alliance on Mental Illness Texas, entific Services, Team Sanfilippo Founda- Institute of New Jersey, Healthcare Leader- National Association for Home Care & Hos- tion, Tennessee Medical Association, Ten- ship Council, HealthHIV, Hemophilia Foun- pice, National Association for Home Care & nessee Orthopaedic Society. dation of Maryland, Heart Rhythm Society, Hospice—Indiana Chapter, National Associa- Tennessee Podiatric Medical Association, Hoosier Owners and Providers for the Elder- tion for Home Care & Hospice—Ohio Chapter, Texas Healthcare & Bioscience Institute, ly, Idaho Medical Association, Idaho National Association for Uniformed Serv- Texas Podiatric Medical Association, Texas Podiatric Medical Association. ices, National Association of Manufacturers, Urological Society, The Center for Health Illinois Association of Orthopaedic Sur- National Association of Nutrition and Aging Care Services, The G.R.E.E.N. Foundation, geons, Illinois Biotechnology Industry, Orga- Services Programs, National Association of The National Grange, U.S. Chamber of Com- nization—iBIO®, Illinois Chamber of Com- People with AIDS, National Association of merce, U.S. Pain Foundation, Urology Soci- merce, Indiana Association of Cities and Social Workers NC, National Association of ety of New Jersey, Utah Medical Associa- Towns, Indiana Health Care Association, In- Spine Specialists, National Council of Negro tion, Utah Podiatric Medical Association, diana Health Industry Forum, Indiana Med- Women, National Council of Negro Women— Utah State Orthopaedic Society, Vascular ical Device Manufacturers Council, Inc., In- Los Angeles View Park Section, National Society of New Jersey, Vermont Medical So- diana Neurological Society,Indiana Council for Community Behavioral ciety, Vermont Podiatric Medical Associa- Podiatric Medical Association, Indiana State Healthcare, National Health Foundation, Na- tion, Veterans Health Council, VHA Inc., Medical Association, InterAmerican College tional Hemophilia Foundation—Delaware Vietnam Veterans of America, Virginia Bio- of Physicians & Surgeons, International Valley Chapter, National Kidney Founda- technology Association. Franchise Association, International Insti- tion—Ohio Chapter, National Medical Asso- Virginia Podiatric Medical Association, tute for Human Empowerment, International ciation, National Minority Quality Forum. Visiting Nurse Association of Ohio, Wash- Society for the Advancement of Spine Sur- National Retail Federation, NCBIO, Ne- ington Biotechnology & Biomedical Associa- gery, Iowa Orthopaedic Society, Iowa braska Academy of Physician Assistants, Ne- tion, Washington Free Clinic Association, Podiatric Medical Association, Kansas Med- braska Medical Association, Nebraska Washington Osteopathic Medical Associa- ical Society, Kansas Podiatric Medical Asso- Orthopaedic Society, Nebraska Urological tion, Washington State Podiatric Medical ciation, Kansas Urological Association. Association, Neurofibromatosis Mid-Atlan- Association, Washington Rheumatology As- Kentucky BioAlliance, Kentucky Medical tic, Nevada Orthopaedic Society, Nevada sociation, Washington State Medical Asso- Association, Kentucky Podiatric Medical As- Podiatric Medical Association, Nevada State ciation, Washington State Urology Society,

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3879 WERAK Foundation, West Virginia Academy stitution to either a 15-member Board, or by It’s an essential commitment to the of Otolaryngology, West Virginia Chapter of default, the Secretary of Health and Human seniors of this country, and we Demo- the American College of Cardiology, West Services. IPAB was simply created to ab- crats are determined to thwart every Virginia Manufacturer’s Association, West solve Congress of having to make decisions that directly impact the quality and access effort to destroy it. Virginia Orthopaedic Society, West Virginia Now, as to the first act, repeal IPAB. State Medical Association, William ‘‘Hicks’’ of care for Seniors, and also insulate them Anderson Community Center, Wisconsin from having to make tough decisions. You know, it’s interesting that Medi- Hospital Association, Wisconsin Urological The ill-advised quest for ‘‘cost effective- care is a major instrumentality for en- Society, Wyoming State Grange, Women ness’’ is doomed to failure. As we have seen suring that over time the costs of Against Prostate Cancer. in Great Britain, any de facto price controls Medicare are brought under control, are likely to do nothing to control the protecting the health care opportuni- growth of spending. Further, this one-size- HEALTH CARE FREEDOM COALITION, ties of seniors. Indeed, there have been March 19, 2012. fits-all approach to dictating medical care in a country of more than 300 million is ill-ad- efforts already under the Affordable DEAR MEMBER OF CONGRESS: On behalf of vised. Care Act to bring under control the the 26 undersigned members of the Health If Congress believes that these decisions costs of Medicare, to make sure it sur- Care Freedom Coalition and our ally organi- handed over to IPAB are too much of a hot zations, representing industry, policy, tax- vives. political potato for it to decide, then perhaps So being an essential part of control- payer, and medical professional groups, and it is a clear indication that this is the wrong their millions of patients and members, we ling health care costs over the long course of action. term, the Republican proposal, essen- are writing to express our concerns regard- Sincerely, ing the Independent Payment Advisory Kathryn Serkes, CEO & Chairman Doctor tially, would go in the opposite direc- Board provision of the Patient Protection Patient Medical Association; Grover tion. And that’s why the CBO, last year and Affordable Care Act and the disastrous Norquist, President Americans for Tax projected—and I want everybody to lis- impact of its implementation on both pa- Reform; Dean Clancy Legislative Coun- ten to this—that health care costs tient care as well as Congressional author- sel & VP, Health Care Policy Freedom would jump by 39 percent under the Re- ity. Works; Jim Martin, Chairman 60 Plus publican plan to end the Medicare Section 3403 of the Patient Protection and Association; Heather Higgins, Presi- Affordable Care Act (PPACA) established the guarantee. That’s why 300 economists dent & CEO Independent Women’s have said that health reform puts into Independent Payment Advisory Board Voice; Colin A. Hanna, President Let (IPAB) to reduce Medicare spending. But ul- Freedom Ring; Ken Hoagland, Chair- place, essentially, every cost-contain- timately this panel of 15 independent, man Restore America’s Voice Founda- ment provision policy that analysts unelected bureaucrats with unilateral au- tion; Christopher M. Jaarda, President have considered. It’s because of those thority and whose decisions are freed from American Healthcare Education Coali- policies that CBO has given this esti- judicial and administrative review will most tion; HSA Coalition; Tim Phillips, mate that IPAB isn’t going to be trig- certainly cut payments to physicians under President Americans For Prosperity; gered until some time after 2022. Medicare, will limit patient access to, and Amy Ridenour, Chairman The National So what happens is, the Republicans quality of, medical care. Center for Public Policy Research; come forth with the repeal of IPAB as INDEPENDENT, UNELECTED, POLITICALLY- Mario H. Lopez, President Hispanic a first step towards repealing Medicare APPOINTED BUREAUCRATS Leadership Fund; David Williams, when they have never presented an al- Of the 15 members, twelve will be ap- President Taxpayers Protection Alli- ance; Andrew Langer, President Insti- ternative in terms of the Affordable pointed by the President, and the law actu- Care Act. So, today, we hear all the ally prevents practicing medical profes- tute for Liberty; Jane Orient, MD, Ex- sionals—like doctors—from membership. The ecutive Director Association of Amer- scare tactics about a board whose oper- rules almost guarantee that the members ican Physicians & Surgeons; Eric ation effectively won’t be triggered for will be academics. The highly-paid bureau- Novak, MD US Health Freedom Coali- a decade. That’s a scare tactic that is tion; Andrew F. Quinlan, President crats will likely be paid more than many of not worthy of this floor, so I urge very Center for Freedom and Prosperity; the doctors they are second-guessing. These Grace-Marie Turner, President Galen much that we oppose. six-year terms come with an anticipated Institute; Hal C. Scherz, MD, FACS, It’s interesting that the Republican paycheck of $165,300—more than the average FAAP President & CEO Docs 4 Patient budget has a cap that is more severe, if family practice physician earns in many cit- Care; Amy Kremer, Chairman Tea you want to put it that way, more ies in Ohio, Pennsylvania and Florida. Party Express; Penny Nance, CEO and strenuous than the provision that re- UNDEMOCRATIC, UNILATERAL AUTHORITY AND President Concerned Women for Amer- lates to IPAB. And so they come forth, LACK OF REDRESS OR REVIEW ica; Dr. Joseph L. Bridges, President & and they say that IPAB, which won’t The decisions cannot be challenged in the CEO The Seniors Coalition; Pete Sepp, be triggered until 2022, is something courts and are freed from the normal admin- Executive Vice President National that they should oppose, while they Taxpayers Union; Judson Phillips Tea istrative rules process—require no public no- want to put in place a budget this year tice, public comment or public review. IPAB Party Nation; Stephani Scruggs, Presi- ‘‘recommendations’’ carry the full force of dent Unite In Action, Inc; Ana Puig, that would have a more severe cap the law, unless 2/3 of the House and Senate Co-Founder Kitchen Table Patriots. than is in IPAB. Let me also say the vote to override. In essence, Congress has I reserve the balance of my time. notion that there is some agency here given this Board the authority to legislate. Mr. LEVIN. Madam Chairman, I yield that could act without any role for DECISIONS WILL IMPACT PHYSICIANS & PATIENTS myself such time as I may consume. Congress is simply untrue. It’s not The board is specifically forbidden from I hope everybody’s been listening to true. You shouldn’t say it. ‘‘any recommendations to ration health this. What has become clear is this: the We have an opportunity, once IPAB care’’, but PPACA fails to define the word Republicans have a 3-act play. First, goes into operation, to review any rec- ‘‘ration.’’ Instead, it allows IPAB to pay doc- repeal IPAB; next, repeal the rest of ommendation that comes forth, and to tors reimbursement rates below costs, which health care reform; and, finally, repeal replace it, as long as the various tar- in essence would constrict a physician’s abil- Medicare. gets are met. So I urge very much that ity to treat patients. Longitudinal studies It is so hypocritical to come forth we reject this proposal in part because already show that about one-fourth of doc- and say that the efforts of Republicans tors already refuse new Medicare patients, the repeal, in and of itself, I think, is a and as many as 50% restrict the services is to protect Medicare when the pur- mistake but mainly because of what they are willing to perform for their current pose of it is to destroy it. That’s what the aim is here, and that has been so patients. And this is expected to worsen, as would happen if they had prevailed be- clear from the debate, because people even more doctors will be unable to afford to fore. That’s what would happen if they who come here on the Republican side, take Medicare patients. prevail today with their voucher plan. some of them talk about IPAB; some ABSOLVES CONGRESS FROM OVERSIGHT & So the third act really came forth be- don’t even discuss IPAB. They talk DECISION-MAKING fore the first act. They rolled out, yes- about the Affordable Care Act. terday, their budget plan that essen- IPAB is intended to take tough decisions b 1720 about Medicare spending out of the purview tially would repeal Medicare, would de- of Congress, in effect, delegating away its stroy it. There would be a voucher and, The polling data we have is essen- legislative responsibilities under the Con- over time, the end of Medicare. tially relating to the Affordable Care

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3880 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 Act as well as to IPAB. I think the House Republicans trying first to re- made to one another establishing a more people understand what has been peal IPAB, then to repeal the rest of path forward on deficit reduction. It going on, the more they see the bene- health care reform, and then to repeal wasn’t just a commitment that was fits of health care reform, the more Medicare. Fortunately, if we’re mis- made amongst legislative leaders; we they will be supportive of it. We’re taken and the majority passes it here, wrote it into law. Now they’re break- going to take that case to the Amer- it will deserve a death in the Senate of ing that commitment. ican people. the United States. They are involved with the budgets Let me just give you a few numbers I reserve the balance of my time. that are going to actually reduce that everyone should know about ACA. Mr. CAMP. Madam Chairman, I yield health care in this country, and yet It’s been only 2 years since it was myself 15 seconds just to say that our they would come to the floor and ask signed into law, but Americans are al- Republican alternative, our Republican us to get exorcised about something ready receiving the benefits of lower health care bill, prevented unlawful that may happen 10 years from now. costs and better coverage. recisions, had no lifetime caps on cov- I find the language curious. You Let me give you a few facts: erage, did not deny coverage to those could just as easily say, instead of the 86 million Americans have received with preexisting conditions, and was Supreme Court, you could talk about one or more free preventative services the only bill that was scored by CBO as nine unelected judicial hacks meeting such as checkups and cancer lowering premiums. Also, we did it in secret that have no judicial review. screenings; without spending $2 trillion and 2,400 They’re a power unto themselves. 105 million Americans no longer have pages and did not create a board of 15 Get a grip, people. a lifetime limit on their coverage; unelected bureaucrats. IPAB comes into play only if we are Up to 17 million children with pre- With that, I yield 2 minutes to the unable to deal with controlling costs. existing conditions can no longer be de- distinguished chairman of the Health Remember, our Republican friends—I nied coverage by insurers. Up to 17 mil- Subcommittee, the gentleman from voted against it—set up the SGR so lion kids. You repeal this Act, you put California (Mr. HERGER). that we have to have a doc fix every them into total jeopardy; Mr. HERGER. Madam Chairman, I year, putting cost control on auto- 21⁄2 million additional young adults rise in strong support of H.R. 5. matic pilot, because they didn’t have up to 26 now have health insurance Today’s debate goes to the heart of the gumption year after year to deal through their parents’ plan. If you had the question of what kind of health with the policy changes to make a dif- succeeded in past efforts of repealing care system we want to have. House ference. health care reform, those 21⁄2 million Republicans believe the solution to We have MedPAC for Medicare that people would have been out in the cold; making health care more affordable gives us recommendations, but Con- Also, 5.1 million seniors in the dough- and strengthening the Medicare pro- gress blinks. nut hole have saved $3.2 billion on their gram is more freedom, empowering in- b 1730 prescription drugs, an average of $635 novation and competition to reduce per senior. If you had succeeded with costs and improve quality, giving sen- What’s going to happen maybe 10 repeal, over 5 million seniors would iors the opportunity to choose the years from now, if costs are not under have been essentially with increased health care that’s best for them. control, then there will be 15 people costs; The Independent Payment Advisory who are experts, who are recommended Over 2 million seniors have had a free Board, IPAB, represents a very dif- by congressional leaders, nominated by annual wellness visit under Medicare; ferent approach to controlling health the President, confirmed by the Sen- Already under the small business care costs, a one-size-fits-all plan in ate, who will make recommendations if health care tax credit, over 350,000 which unelected and unaccountable bu- Congress doesn’t do its job. Then Con- small employers have used it to help reaucrats decide what kind of health gress will be able to take those rec- provide health insurance for 2 million care you should get. Physicians, pa- ommendations and put in place alter- workers. tient advocates, and respected schol- natives. Nothing is going to happen Republicans come here using scare ars, Democrats and Republicans alike, here without Congress having the abil- tactics about IPAB, 10 years away from have warned that the IPAB threatens ity to match and do better. being triggered according to CBO. You access to care for seniors and people But because Congress historically essentially say repeal health care re- with disabilities. The board has the au- hasn’t had a backbone and has failed form though you’ve never had a com- thority to meet and make decisions in miserably in areas of cost control and prehensive plan to replace it. That’s secret without considering the perspec- reform, we put into the health care re- been the bankruptcy of your position. tive of patients and their doctors and form act a fail-safe, not unlike what I finish, reminding everybody that without judicial review. Madam Chair- we’ve had to do to take base closing we’re the only industrial nation on the man, this is the wrong approach. IPAB out of the hands of the logrolling in globe which has tens of millions of peo- must be repealed. Congress and have a streamlined proce- ple who go to bed every day without a H.R. 5 also includes important re- dure. This is a fail-safe. This makes stitch of health insurance coverage. forms to reduce the cost of frivolous sense. It’s not going to happen unless The administration’s brief before the medical lawsuits. The President’s Congress fails in its task. Supreme Court has illustrated what health care overhaul has not fulfilled I strongly suggest that what we the result is in terms of the added costs his promise to reduce health insurance ought to do—rather than trying to un- of the uninsured who go to emergency premiums by $2,500, but commonsense ravel health care reform on this floor rooms. Billions and billions of dollars medical liability reforms will truly and in the Budget Committee—is accel- that are essentially shifted to people bring down health costs both for Amer- erate it. who have insurance and shifted to tax- ican families and the Medicare pro- The Acting CHAIR (Ms. HERRERA payers who have to cover the costs of gram. BEUTLER). The time of the gentleman emergency coverage. I urge the passage of this legislation. has expired. So we come here with a passion. We Mr. LEVIN. I now yield 3 minutes to Mr. LEVIN. I yield the gentleman an worked hard to support and to pass this the distinguished member of our com- additional 2 minutes. act. We worked hard to put it together. mittee, Mr. BLUMENAUER, from the Mr. BLUMENAUER. Remember, the A major piece of legislation like that proud State of Oregon. elements in the health care reform, always needs continued work, but not Mr. BLUMENAUER. Madam Chair- when you unwind them, virtually with- its repeal. That would be a grave, man, I come to the floor coming from out exception, have their roots in a bi- grave, grave mistake. the Budget Committee, where my Re- partisan consensus of what needs to So I think it’s time to pull down the publican colleagues are busy at work happen to make our health care system curtain on this three-act play of the breaking the commitment that we all more efficient.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3881 Many of these pilot projects, these care access issues for our rural commu- health care coverage for their workers. demonstrations have actually already nities. That 35 percent tax credit goes up to 50 been at work in States across the coun- If we repeal the IPAB and enact these percent in 2014, when we’re able to try, including some that have Repub- commonsense medical liability re- move forward on the creation of the lican Governors. We’re doing some of it forms, this legislation will reduce the health insurance exchanges. And 39,000 in the State of Oregon. It has the deficit by over $45 billion, according to children in western Wisconsin who dreaded mandate, which was a Repub- the CBO. These are commonsense, bi- have a preexisting condition can no lican think tank option that was an al- partisan, fiscally responsible reforms longer be denied healthcare coverage in ternative to HillaryCare 20 years ago, that strengthen the doctor-patient re- their lives. and, in fact, was put in place by Gov- lationship and put the American people This is the right thing to do, and yet ernor Romney, who is going to be, by back in charge of their health care de- we have to figure out some cost-con- all accounts, the Republican standard cisions. tainment measures to make sure that bearer for President. I urge all of my colleagues to support it’s sustainable and affordable in the This is an example of Congress at its this. future. worst, making up a problem, attacking Mr. LEVIN. I yield 4 minutes to a The Independent Payment Advisory something that would help us do our member of our Ways and Means Com- Board is a backstop in that effort. It’s job better. They are trying to demonize mittee, the gentleman from Wisconsin not the first thing we go to in order to it in a way that you could do with vir- (Mr. KIND). find cost savings, but if costs do exceed tually any other board or commission, Mr. KIND. I thank the gentleman target growth rates, the Independent ignoring the safeguards, ignoring the from Michigan for yielding me this Payment Advisory Board is able to fact that the statute says specifically time. come forward—with Congress—with that it shall not ration. Instead, they Madam Chair, I rise in opposition to recommended cost savings that will be are willing to allow insurance compa- H.R. 5. implemented only if Congress refuses nies to ration and ignore the need for Two years ago, the Affordable Care to act ourselves. And that has been the reform. Act was passed, and I was a proud sup- problem around here for too long. We I strongly urge rejection of this mis- porter of that legislation. Not because get recommendations from MedPAC guided proposal. Let’s get back to I thought it was the perfect bill, but and other entities on where we can find work. Let’s do our job. It will never because I thought it gave us the tools cost savings, but because of the inabil- come into play if Congress does its job, and the potential to reform a health ity of Congress to stand up to some and Congress will always have the last care system that was in desperate need powerful special interests, quite frank- say. of reform, of putting things in place ly, it’s very difficult for this institu- Mr. CAMP. Madam Chairman, I yield that could deliver better quality of tion to act by itself in order to imple- 2 minutes to a distinguished member of care that is given for a better price, ment those cost savings. the Ways and Means Committee, the and also increasing access to health in- I find it a little bit humorous that my colleagues on the other side are so gentlewoman from Kansas (Ms. JEN- surance throughout the country, and to fearful of this payment advisory board KINS). finally address the 52 million uninsured Ms. JENKINS. I thank the chairman Americans that we have living in our making some decisions when it comes for yielding. own communities. to the rising health care costs when The President’s health care law is Yet the ultimate verdict on whether they feel perfectly comfortable turning chock full of pitfalls, tax increases, health care reform works or fails for these decisions over to private insur- government overreaches, and newly everyone in this country is whether we ance companies who are motivated by created bureaucracies. But perhaps the can figure out creative ways of bring- profit and trying to maximize their most outrageous and dangerous mani- ing down those costs in health care. margin of gain by providing health festation is the Independent Payment One thing I do know under the health care coverage. I think that’s nonsen- Advisory Board. care reform bill that has been enacted sical. This board of 15 arbitrarily appointed is that in my congressional district in Ultimately, if health care reform is bureaucrats is charged with slashing western Wisconsin, this year alone going to work, we have to change the Medicare reimbursement rates, which 4,200 young adults are able to stay on way health care is delivered in this will drastically impact the medicine their parents’ health care plan; where- country so that it is more economical and procedures available to our sen- as, before they couldn’t. What a relief in how we pay for it, so that it is value- iors. that has been to those families, mak- and not volume-based anymore. The IPAB has no mandate to improve ing sure that those kids, many of I come from an area of the country patient care. Its mandate is to meet a whom are in school, can stay on the with health care providers that have budget, and it may ultimately lead to family plan. models of care that are highly inte- the rationing of care for our senior Of the 5,800 seniors this year who grated, they are very coordinated, they citizens. The IPAB gives these bureau- have fallen into the doughnut hole, are patient-focused, and they are pro- crats unprecedented power with no ac- they are seeing a cost savings of rough- ducing some of the best results in the countability, no judicial review, and no ly $610 apiece because of the 50 percent Nation. Yet a Medicare recipient in La requirement for transparency. The sim- price discount they now get under this Crosse, Wisconsin, receives on average ple fact is that the American people legislation. That’s not peanuts in west- about $5,000 a year compared to $17,000 don’t want and certainly don’t need bu- ern Wisconsin. There are 86,000 seniors in Miami. Yet the results in La Crosse reaucrats coming between us and our now that are able to go and get preven- are much better than the results in doctors. tive care services without copays, Miami, and there are studies out there Today we ask for the repeal of the without deductibles, without out-of- showing there is over-utilization in the IPAB, but we will also make up for any pocket expenses. We want them to go delivery of health care, which is driv- amount of lost savings this absurd in and get those tests so something ing up costs for everyone. The Acting CHAIR (Ms. HERRERA board would have been able to find by worse doesn’t happen to them, which BEUTLER). The time of the gentleman strengthening our health care system will inevitably drive up the cost for ev- has expired. with honest and straightforward med- eryone in the Medicare system. Mr. LEVIN. I yield to the gentleman There are 15,000 small businesses in ical liability reform. 2 additional minutes. Frivolous lawsuits have caused mal- western Wisconsin that now qualify for practice insurance rates to skyrocket. tax credits for providing health care to b 1740 As a result, the price of health care for their employees to make it more eco- Mr. KIND. I thank the gentleman. patients has followed the same trajec- nomically feasible for them to do what The studies show that one out of tory, and we’ve seen dramatic health they want to do, and that is provide every three health care dollars is going

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3882 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 to tests, they are going to procedures, sion, which some Members have cited. Many an American family has been they are going to things that don’t And these are all people appointed by wrecked by soaring health care costs. work. They’re not improving health the President. We know it’s been a leading cause of care. And oftentimes, because of the So with that, I would yield 2 minutes personal bankruptcy. We know that over-utilization that patients are re- to a distinguished member of the Ways spiraling health care costs have been a ceiving, many of these patients are and Means Committee, the gentleman leading cause of credit card debt, and being left worse off rather than better from Minnesota (Mr. PAULSEN). now Republicans have continued their off. So we’ve got to reform the delivery Mr. PAULSEN. I thank the gen- sustained effort to wreck the Afford- system, which the Affordable Care Act tleman for yielding. able Care Act. puts in place. But ultimately, we have Madam Chair, the very foundation of As we have been witnessing at the to change the way we pay for health our health care system is that relation- same time that this debate is going on care. We need to end and destroy the ship between a patient and their doc- within the Budget Committee, on fee-for-service system, which is all vol- tor. But the President’s new health which I also serve, the Republican plan ume-based payments, and move to a care law inserts government bureauc- to end the guaranteed benefits of Medi- value-based reimbursement system. racy in the middle of that longstanding care, they think that our seniors pay The IPAB commission can help us get relationship. One clear example of this too little, so they offer a voucher plan to that promised land. is the establishment of the Independent that would result in our seniors having And this has been a bipartisan issue Payment Advisory Board, this 15-mem- to pay much more for their health for a long time. Dr. Frist has been ber board of unelected, unaccountable care. They would tell the senior or the talking about payment reform that’s bureaucrats who will soon have the au- individual with disabilities, Go out and value-based for as long as I can remem- thority to dictate our Nation’s Medi- fish for insurance with this voucher. ber. My own former Governor, former care policy by effectively deciding But they won’t find any fish biting, HHS Secretary Tommy Thompson, has what health care seniors can receive. though they will continue to be bitten said repeatedly that if we do anything, And since its inception, IPAB has been with rising health care costs. That’s make sure that we change the payment the focus of vocal and sustained opposi- why President Lyndon Johnson created system so it is value- and not volume- tion from doctors, physicians, and pa- Medicare in the first place, because pri- based anymore. Mark McClellan, Presi- tients because it does threaten to re- vate insurance companies weren’t in- dent Bush’s CMS Director, the same duce beneficiaries’ access to treat- terested in covering the old and the in- thing. So there’s been bipartisan rec- ments and services that are included in firm. Today’s approach is the same ap- ognition that we have to do it. IPAB the Medicare program. proach that Republicans took last year gives us an opportunity to do that, but Madam Chair, the repeal of IPAB has strong bipartisan support. Given the when they had their signature accom- it’s not the final say. They merely plishment. Right in the first month of widespread concern about the impact come forward with their recommended their takeover of this Congress, they that IPAB will have to deny quality cost savings and challenges the Con- came out here with this page-and-a- health care services, it’s no wonder gress to come up with an alternative half bill that I call the ‘‘12 platitudes.’’ that about 350 organizations that rep- cost savings. They repealed what they said they So, folks, this is gut-check time. This resent veterans, seniors, employers didn’t like, and they came forward small and large, as well as doctors and is whether we are serious about trying with 12 lines of what they said they physicians and consumers in all 50 to bend the cost curve. Their plan would replace the Affordable Care Act States, support its repeal. Although a would get rid of Medicare. It turns it with. But all we’ve gotten since then majority of us here in Congress have into a private voucher and a voucher are bills that began after they did the that’s inadequate to address the costs registered our concerns about IPAB total repeal—repealing individual sec- that seniors face. They don’t reform and support its repeal, it is the Amer- tions, like school health care clinics, the way health care is delivered. ican public, including many folks from like this proposal dealing with the They’re not reforming how we pay for my community, who remain the most question of health care costs. health care. They’re merely changing vocal about ending this program before We know they don’t like it. We know who pays for health care under Medi- it is implemented. they don’t like President Obama and care, and those costs are going to be The American people have every rea- anything that he is for. They tell us ev- shifted on the backs of our seniors. son to be worried about this IPAB erything that is wrong with the Afford- That’s no way of reforming a health board. The unchecked powers of IPAB able Care Act, but they sure can’t come care system that’s in need of reform, have been explained by my colleagues up with a better idea that they have that only address the Medicare portion already at length. Simply put, IPAB is the courage to bring to a vote in the within our budget. a dangerous new government agency Ways and Means Committee or bring to What we need to be working on and that will be made up of unelected bu- a vote on the floor of this House. It’s what the Affordable Care Act gives us reaucrats with no oversight, no ac- all about what they’re against, but the tools to do is to reform the entire countability, and no recourse for sen- they haven’t brought any of the 12 health care system, both public pro- iors to appeal any of IPAB’s decisions. platitudes that they approved last year grams and private programs. And The decision-making, the delibera- into a legislative form to deal with this that’s something that we fundamen- tions, the meetings that IPAB hold do issue of spiraling cost for our govern- tally have to do to get our economy not have to be held in public. ment and families or to deal with any back on track, creating good-paying Madam Chair, rather than endan- other aspect in the Affordable Care jobs. Because if you just repeal it now, gering Medicare beneficiaries, we Act. we go back to the status quo, which should be empowering them. Rather Now, I have to say, quite frankly, means more uninsured, higher costs, than making decisions behind closed that I wish the Affordable Care Act and our businesses are less able to com- doors, we should be having these dis- were as good as they think it is bad. pete globally. I encourage my col- cussions in public in our hearing rooms It’s not. It is a compromise of a com- leagues to reject H.R. 5. between doctors, patients, and con- promise—it has many inadequacies— Mr. CAMP. I yield myself 15 seconds. sumers. Let’s do the right thing and but compared to the Republican alter- I would just say that with regard to protect American seniors by repealing native of doing nothing and compared IPAB, the 15 unelected people ap- this overreaching provision. to the broken health care system that pointed by the President, Congress Mr. LEVIN. I now yield 4 minutes to has wrecked so many American fami- can’t simply reject the IPAB findings. the gentleman from Texas, a member lies who are faced with a health care Congress has to reject and find those of our committee, Mr. DOGGETT. crisis, this approach is far superior. savings somewhere else within the pro- Mr. DOGGETT. I thank the gen- This board’s opponents tell us that gram, unlike the Base Closure Commis- tleman. Congress should be able to make all

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3883 these decisions. Well, I’ve served on the We had an expert witness, Madam There is a very important question Ways and Means Committee and on the Chairman, who came into the Ways and about Medicare before this Congress, Health Subcommittee previously for a Means Committee, and I posed this but it’s coming about 8 days from now, number of years. I wish it could be so, question to him. I said: There’s no ra- not 10 years from now, when the major- and I think we could play a more con- tioning per se. It’s defined out of the ity will bring yet another budget that structive role. But, frankly, the his- bill, although it’s not defined in the systematically unravels and ends the tory is that Congress hasn’t done a bill. But the bill says there can’t be ra- Medicare guarantee. very good job of controlling costs. tioning, but can there be per se ration- Call it what they will, when you have When we have taken steps to control ing? In other words, if coverage is de- a system where the healthiest and the costs, as we did with the $500 billion in nied based on cost, is that rationing? most prosperous and, in some cases, cost control that we put into the Af- And he said: Absolutely, Congress- the youngest retirees can opt into a fordable Care Act that increases the man. private insurance system, those that solvency, extends the solvency of the So think about what the other side of will be left in regular Medicare will be Medicare trust fund by 12 years, all the aisle is asking. Take a leap of faith, the aged and the infirm and the poor. we’ve gotten is attack and criticism a leap of blind faith, that somehow Medicare will then go the way of Med- from them for the steps that we took Congress is going to come up with the icaid, which their budget cuts by near- that did limit cost. remedy and that seniors are not going ly 40 percent, according to some esti- So I don’t view this aspect of the Af- to be held at risk. mates. fordable Care Act as necessarily the The gentleman from Texas said that Frankly, as a diversion from the real best way to do it or the only way to do we’re only here criticizing things. Let threat to Medicare, which is yet an- it. But when all they offer us is nothing me tell him, Madam Chairman, what other Republican budget coming to except vouchering Medicare for our we are for. this floor 8 days from now that will end seniors and similar, I think we should We’re for the repeal of IPAB. We’re the Medicare guarantee, we now have a stick with the reform that we have for the repeal of something that is series of wild accusations about the until a better alternative is presented, going to put such downward pressures Independent Payment Advisory Board, and that alternative is not being pre- on seniors, it will make people’s heads which the Congressional Budget Office sented tonight. spin. What we’ve got to do is make sure says, based on current cost perform- Republicans don’t have a plan to that we put remedies in place that em- ance, would have no role for at least 10 make the hard decisions to lower power seniors, that create patient-cen- years. So we hear all these things about health care costs. They just want our tered health care and don’t deny care these unelected bureaucrats making seniors, individuals with disabilities, and put more out-of-pocket costs on decisions. I would say, Madam Chair and families across America to pay the backs of seniors. and fellow House Members, consider more so that they can preserve all We can’t repeal this thing fast enough. We need to vote ‘‘aye’’ and get the source. these tax breaks for the wealthiest and Two years ago, we heard that every- most economically successful people in this done. Mr. LEVIN. It’s curious. You’re talk- one in America would be in a govern- our society and, for all of those cor- ment-run health plan if the Affordable porations that export jobs abroad, to ing about, according to CBO, a board whose operation would be triggered in Care Act passed. It hasn’t happened. continue to provide them incentives to Two years ago, we heard that every 2022. You come here and scare people. do just that. small business in America would be It doesn’t work. You talk about ration- forced to buy unaffordable health in- b 1750 ing. You’re talking about an operation surance for their employees. It hasn’t I believe that this bill should be re- 10 years from now. jected just like their other repeal ef- happened. Right now, health care is being ra- Two years ago, we heard that every forts until they come up and present on tioned. You have 50-plus million people American family would have to bear a the floor a better idea, and I don’t who have no insurance, 50-plus million crushing tax increase because of the think they have one. They just have all people who have no insurance at all, Affordable Care Act. It hasn’t hap- the retreads of the Bush-Cheney years. and you haven’t come up with a bill pened. Until then, I say stick with the Afford- that would address that. Two years ago, we heard there would able Care Act. I am proud to yield 4 minutes to the be drastic cuts in benefits to Medicare Mr. CAMP. I yield 2 minutes to a dis- gentleman from New Jersey (Mr. AN- beneficiaries because of the Affordable tinguished member of the Ways and DREWS), who has been so key in the Care Act. Not only has it not happened, Means Committee, the gentleman from health care debates. benefits have increased. Seniors pay a OSKAM). Illinois (Mr. R Mr. ANDREWS. I thank my friend for lower share of their prescription drug Mr. ROSKAM. Mr. Chairman, thank yielding and for his compliment. costs and Medicare pays more. Seniors you for yielding. When our mothers and fathers go to have access to annual preventive Madam Chairman, did you notice the doctor or the hospital, we want to checkups without copays and something? The gentleman from Or- be sure they get the best health care deductibles. It hasn’t happened. egon—and I took a note and I’m kind of that can possibly be delivered and that Finally, lest we forget, those who say paraphrasing, but he basically was ar- their doctor and their family think the IPAB is such a virulent threat to guing from the other side of the aisle they ought to get; and that health care Medicare and said there were death that IPAB, this cost control board, will should never be subject to the strategic panels in the Affordable Care Act, basically never come into play as long plan of any insurance company or the where are they? Can anyone on the as Congress does its job. During the whims of the marketplace. other side point to one person who has health care hearing that we had in the Because it is not profitable, as a gen- gone before a government committee Ways and Means Committee, the gen- eral rule, to take care of the aged and and been denied health care since the tleman from Wisconsin on the other the infirm, President Johnson and this Affordable Care Act and as a result of side of the aisle characterized IPAB as Congress, in 1965, created the Medicare that act? a leap of faith, and now we just heard guarantee, and they guaranteed that The Acting CHAIR. The time of the from the gentleman from Texas who our seniors and people with disability gentleman has expired. acknowledged it’s not the best solu- would get the care they need irrespec- Mr. LEVIN. I yield the gentleman 2 tion, but let’s stick with it. tive of the whims of the marketplace. additional minutes. Here’s the problem with sticking The majority brings this bill to the Mr. ANDREWS. It is a fiction—it is a with this failed solution, Madam Chair- floor today because they raise fears distortion—and here we are at it again. man. They’re asking seniors to bear about what might happen to the Medi- Now, in the first 2 weeks of their ma- the brunt of this. care guarantee 10 years from now. jority, the majority came here and

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3884 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 made a promise to the American peo- Means Committee, the gentlewoman pliers, and cracking down on fraud and ple. They said: Yes, we’re going to try from Tennessee (Mrs. BLACK). abuse of the Medicare program. The to repeal the Affordable Care Act, but Mrs. BLACK. Let’s, first of all, start majority must agree with these ideas then we’re going to replace the Afford- with the simple fact that no one in this because in the budget they are mark- able Care Act. It was repeal and re- room can deny, and that is there are ing up today in the Budget Committee, place. 10,000 baby boomers that are added to every penny of that $495 billion in sav- We’ve had the repeal as a recurring the rolls each day. Medicare’s expo- ings is included in the majority’s budg- scenario on the floor. This is just an- nential growth will cause the program et. The majority must agree with these other chapter in it. Where’s the re- to go bankrupt in 10 years. The Con- savings, and I commend them for it, be- place? gressional Budget Office and the Medi- cause the budget resolution that passed For the provision that says that peo- care and Medicaid trustees have been here last year that essentially every ple 26 and under can stay on their par- ringing these alarm bells about Medi- member of the majority voted for in- ents’ plans, if you repeal the Affordable care’s dwindling finances, and we must cluded every penny of that $495 billion Care Act, where is your bill to replace act now. in savings. it? Over 46 million Americans rely on So I would ask my friends on the For the provision that says that no Medicare for their health care, and other side that if they’re so in objec- person can be denied health insurance something must be done soon to save tion to those cuts, why did you vote for or charged more for it if they’re dia- this program for future generations. them last year? And why are they in betic or if they have breast cancer or Unfortunately, the President’s budget your budget this year? I would be asthma, where is their replacement? proposal failed to address Medicare’s happy to yield. For the provision that says that sen- grim future. Instead, what we have on Mr. CAMP. Since the gentleman has iors who fall into the doughnut hole the law books now is a 15-member asked, we are using those dollars to get significantly greater help in paying board that is charged with cutting protect the Medicare program. You for their prescription drugs, where is costs and denying care to our seniors. used those dollars to create a new enti- their replacement? The Independent Payment Advisory tlement which we can’t afford. For the provision that says that Board established in the health care Mr. ANDREWS. Reclaiming my time. small business people who voluntarily law would cut physician payment Mr. CAMP. Certainly you would re- provide health insurance to their em- rates, forcing many doctors to stop see- claim your time. ployees get a significant tax cut, where ing Medicare patients. This board Mr. ANDREWS. Because the gentle- is their replacement? makes senior care harder to access and man’s point was there was something There’s a saying that our friend from puts bureaucrats between the patients wrong with the cuts. Obviously, he Texas says about being all hat and no and their doctors. would contradict that point. Every dol- horse. The majority is all repeal and no Now, it’s been said here today there’s lar of the cuts in the Affordable Care replace. not another plan. Let me correct that. Act have been embraced, supported and So this is yet another example of a There is another way. As a matter of voted for by the Republican majority debate that’s tired, worn out, and seen fact, there is a bipartisan way. The for which you deserve credit. its day. The Affordable Care Act is plan for Medicare that is a bipartisan Mr. CAMP. I yield 2 minutes to a dis- helping improve the lives of Ameri- proposal does three things. It does not tinguished Member from Mississippi cans. An empty political debate like make any changes for those at or near (Mr. NUNNELEE). this one isn’t, and certainly ending the retirement, it offers guaranteed cov- Mr. NUNNELEE. Madam Chair, I Medicare guarantee, as the Repub- erage options to seniors regardless of thank the chairman for his leadership licans will try to do in 8 days, is the their preexisting conditions or health in this area. I thank you for yielding. wrong way to go, and so is this bill. history, and it is financed by a pre- I find it fascinating as I listen to the mium-support payment that’s adjusted debate that even while discussion is b 1800 to provide additional financial assist- going on on the budget, we’re hearing Mr. CAMP. I yield myself 30 seconds. ance to those who are low-income and accusations that say Republicans want I would just say to my friend from less-healthy seniors, and more wealthy to end Medicare. In reality, 2 years ago New Jersey who says ‘‘consider the seniors will pay. when the national health care bill source’’—and the source is the Amer- So the choice is clear: we can con- passed, that ended Medicare as we ican people—73 percent have expressed tinue to stick our heads in the sand know it. That cut half a trillion dollars concern that the Medicare cuts rec- and go on with a program that takes out of Medicare spending. That put in ommended by IPAB would not only go away choice for our seniors, limits place this unelected group of bureau- into effect without congressional ap- their care and supports the status quo, crats that will make health care deci- proval, but would also hurt their abil- or we can improve a plan to save Medi- sions for seniors. ity to get the Medicare services they care and provide more choice. For me, And I hear this afternoon suggestions need. the choice is clear. that say, well, it may not even go in ef- Let me just say I hear from my Mr. LEVIN. Let me just say it is fect for 10 years; let’s wait and see. friends on the other side how impor- strange to say you save something by Well, we have a saying in Mississippi: tant IPAB is to the integrity of Medi- destroying it. That is 1984 in 2012. Do you know when is the best time to care. It is not effective until 2022. And I now yield 2 minutes to the gen- kill a snake? That’s the first time you let me just say with regard to the tleman from New Jersey. see it. This IPAB is a snake, and the Medicare cuts that are in your health Mr. ANDREWS. I thank my friend best time to kill it is today. The club care bill, most of them don’t take place from Michigan for yielding, and I want and the vehicle by which we’ll kill it is until 2014. And I would just say that to comment on something, Madam this bill, and that’s why I’m going to our health care bill included provisions Chair, that my dear friend from Michi- vote for it, and I urge all of my col- that covered preexisting conditions, in- gan, the chair of the Ways and Means leagues to do the same. cluded many of the provisions the gen- Committee, said. As has become part of Mr. LEVIN. It is now my privilege to tleman mentioned, and we did it with- the Republican catechism, he talked yield 3 minutes to the distinguished out a tax increase, and we did it as the about the so-called Medicare cuts that gentleman from Missouri (Mr. CLAY). only health care bill that was scored by were in the Affordable Care Act. It is Mr. CLAY. I thank the gentleman the Congressional Budget Office as de- correct that in the Affordable Care Act from Michigan for yielding. creasing premiums for American citi- we reduced Medicare spending by $495 Madam Chair, my friends on the zens. billion by cutting corporate welfare to other side of the aisle want to repeal With that, I yield 2 minutes to a dis- insurance companies, by cutting over- the Affordable Care Act. Since tinguished member of the Ways and payments to medical equipment sup- straight-out repeal didn’t work, they

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3885 are trying to dismantle it bit by bit. I’d on whether the individual mandate is new health care law before it became like to focus on the effects of the ACA, constitutional. law. After it was passed, I asked our or the Affordable Care Act, on women’s I think the public is now beginning economists of the Joint Economic health. to learn a little bit about this bill Committee—they spent 4 months going The ACA is the greatest improve- themselves. I think they know there is through every page and provision of ment for women’s health in decades. a 3.8 percent tax on small businesses, this new law—to show the American The health care needs of women are our job creators. There’s another 2.3 public just what this new health care greater. Historically, women have percent tax on medical devices—wheel- takeover looked like. They went played a central role in coordinating chairs for our seniors, hearing aids for through all 2,300 pages of the bill, and health care for family members. Here our disabled folks. These are things this is what the new health care law in are just some of the ways that the that are in this bill. There’s a 40 per- America looks like—well, actually, not ACA, a bill that I am proud to have cent tax on your health care plans. completely. We could only fit one-third helped pass, will improve women’s Now they keep telling us, too, that if of all that new bureaucracy on one health: you like your health care plan, you can page. Women will not have to pay more keep it. Well, President Obama, him- Here are the physicians, over in that than men for the same insurance poli- self, said, you know, there may have corner are the patients, and in between cies. Imagine that. Women will not be been some language snuck into this bill are 159 new Federal agencies and bu- denied coverage because they are sick that runs contrary to that premise. reaucrats in between you and your doc- or have preexisting conditions. Oh, Who do we believe here? What do we tor. that’s an improvement. Women will be believe? We can do better for the American guaranteed preventive services with no Here we are again. One more thing to public than this horrible health care deductibles or co-pays. More low-in- add to the list of what we’re finding law, and we’re doing that today. come women will have timely access to out, IPAB, the Independent Payment Today, we’re going to take on—this family-planning services. Wow, miracle Advisory Board. This unelected board chart, the way it works, everything in of miracles. Nursing mothers will have makes decisions and gives rec- dark blue is a new expansion of govern- the right to a reasonable break time ommendations to Congress for cutting ment; everything in orange, potential and a place to express breast milk at Medicare payments. So this panel of rationing boards; everything in green work. Pregnant and parenting women unelected bureaucrats unilaterally de- is $1 trillion of new tax increases or on Medicaid will get access to needed cides what kind of care is now avail- slashing cuts to Medicare. All the light services. That would be an improve- able and allowable to our seniors, to blue provisions deal with expansion of ment. Senior women will save thou- our veterans, and to our Americans government into the free market. sands of dollars as reform closes the with disabilities—not doctors, not But today, we’re going to act. We’re Medicare prescription drug coverage nurses, not anybody who has medical not going to wait. We’re going to act to gap. And women will be able to com- or scientific training. These are bu- repeal one of the key rationing boards. parison shop when choosing health reaucrats. This Independent Payment Advisory plans for their families. Family care- Just what we need, more bureau- Board, you’ve heard today, 15 unelected givers, who are typically women, will crats. bureaucrats, will make life-or-death benefit from new supports that help If we don’t vote to repeal this provi- decisions about treatment in the fu- them care for their loved ones while sion, a gang of 15 unelected bureau- ture. My mom is one of those Medicare also taking care of themselves. crats will have the ability to cause seniors who I have no doubt, if this is Madam Chair, as a son, as a father, cuts to Medicare payments without not repealed, will someday see her and as an American, I strongly support anyone else’s input. treatments limited by these unelected the ACA and its improvements to The Acting CHAIR. The time of the bureaucrats. Our Democratic friends health care for everyone, especially gentleman has expired. say, We’re not rationing, because the women. Dismantling the act, whether Mr. CAMP. I yield the gentleman an government will not actually say ‘‘no’’ through immediate repeal, lawsuits, or additional 30 seconds. to a senior who needs care. They just piece by piece, means losing those im- Mr. REICHERT. So this rationing won’t reimburse the doctor or the local provements, and that is unacceptable. board will threaten seniors’ access to care in secret. There is absolutely no hospital or the local hospice care to 1810 b requirement for openness or trans- take care of them. Mr. CAMP. Madam Chairman, I yield parency or for those bureaucrats to I don’t know what you call that, but 1 I call that rationing. 2 ⁄2 minutes to a distinguished member hold public meetings or consider input The Acting CHAIR. The time of the of the Ways and Means Committee, the on its proposals. The IPAB, this board gentleman from Washington State (Mr. gentleman has expired. of bureaucrats, is unaccountable; it’s Mr. CAMP. I yield the gentleman an REICHERT). secretive and threatens patients’ care. additional 30 seconds. Mr. REICHERT. Madam Chair, 2 Mr. LEVIN. I yield myself such time Mr. BRADY of Texas. I thank the years ago, the President’s massive as I may consume. chairman. I will be very brief. health care plan came before us, and We’re talking about a board whose This board has unlimited power to then-Speaker PELOSI said we had to operations trigger, according to CBO, slash even more than that, and Con- pass this bill to find out what was in it. 10 years from now. gress is virtually powerless to stop it. Well, you know what? We’re finding I just want to say to those who say This is America. We don’t allow these out what’s in this bill. it’s unaccountable: Every one of their bureaucrats to make these life-or- In the last 2 years, we’ve had 47 com- recommendations will come before the death decisions. Republicans in this mittee hearings in six different com- Congress of the United States, every House are going to repeal this dan- mittees. We’ve taken 25 floor votes to single one. What’s unaccountable are gerous bureaucracy, and we are, when repeal, defund, or dismantle harmful the statements that are made on this we get a chance, replacing it with af- elements of this massive $1 trillion, floor that are not true. fordable health care for America. 2,000-page government takeover of our I reserve the balance of my time. Mr. LEVIN. No. What the Repub- Nation’s health care system. We’re Mr. CAMP. Madam Chairman, I yield licans would do would be to send the finding out what’s in this bill. 2 minutes to a distinguished member of decisions already there in large meas- We’ve already repealed the 1099 re- the Ways and Means Committee, the ure to insurance companies. quirement with bipartisan support. gentleman from Texas (Mr. BRADY). I reserve the balance of my time. We’ve already repealed the CLASS Act Mr. BRADY of Texas. Madam Chair- Mr. CAMP. Madam Chairman, I yield with bipartisan support. Now we’re man, many Members of Congress didn’t 2 minutes to the distinguished gen- awaiting the Supreme Court’s decision have the time or the choice to read this tleman from Pennsylvania (Mr. DENT).

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3886 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 Mr. DENT. Madam Chairman, the bill It’s time we pass this legislation. imbursements below the cost of pro- we’re considering today, H.R. 5, the We’ll say more about medical liability viding care. And if left on the books, Protecting Access to Healthcare Act, tomorrow in the amendment process. IPAB will endanger the lives of seniors or PATH, is about patient access to Support the legislation. and delay access to providers. It’s very care, plain and simple. Mr. LEVIN. I reserve the balance of clear. In the months leading up to the pas- my time. This undermines the doctor-patient sage of the health care law and since Mr. CAMP. Madam Chairman, I yield relationship. It undermines trust in the law was enacted, Congress has 2 minutes to a distinguished member of our health care system. It undermines spent countless hours talking about the Ways and Means Committee, the quality, and we will not control costs the need to increase access to health gentleman from Louisiana, Dr. BOU- with IPAB. That’s why we must repeal care. The health care law signed nearly STANY. it. Mr. LEVIN. I yield myself 1 minute. 2 years ago was the wrong direction for b 1820 our country and for our citizens, and it The present system doesn’t have Mr. BOUSTANY. I thank the chair- enough primary care. I know from my will negatively impact access to care. man of the full committee for yielding own experience that there’s a lack of The two issues that we’re going to time to me. family physicians and primary care address here today in this legislation— I had a great career as a cardiac sur- physicians. The Affordable Care Act repealing the Independent Payment geon in treating thousands of Medicare strengthens that program, will Advisory Board, or IPAB, and enacting patients in my career. And my career strengthen the relationship between meaningful medical liability reforms— ended prematurely because of a dis- the physician and the patient. And for are key to ensuring that all Americans ability. anybody to come here and scare pa- have access to quality care. But I learned something a long time tients and seniors into thinking that Now, as to the first piece of this leg- ago from my father, who’s a family there is some kind of a wall that will islation, the IPAB, the Independent doctor, who went before me, who be replaced is really not true. Payment Advisory Board, let’s be very taught me about the art of medicine. Mr. BOUSTANY. Will the gentleman clear: nothing about these advisory And the most important thing he yield? rulings are advisory. Good luck to any- taught me, despite all the technology Mr. LEVIN. I yield to the gentleman. body; good luck if you try to ignore the we have, is that trust in the doctor-pa- Mr. BOUSTANY. We have a severe advice of the IPAB. It’s going to be tient relationship is the most impor- shortage of physicians in this country more like a medical IRS than an advi- tant thing, the most important founda- today, and it’s getting worse, worse by sory panel. tion of good health care, high quality the month and by the year. And as a Let’s be clear: the very purpose of health care. physician who stays close to the physi- this IPAB is to save money by restrict- Look at this chart. What’s wrong cian community around this country, I ing access to health care for Medicare with this? am hearing all kinds of stories about beneficiaries. It will achieve these sav- Clearly, you could see all the bureau- physicians nearing retirement moving ings by ratcheting down payments to cratic entities. But where’s the doctor, up that retirement date. We’re seeing providers who are already underpaid by and where’s the patient? fewer people going to medical school. Medicare. This will lead to fewer doc- The doctor is down here in the cor- All of this is creating a major disrup- tors who are willing to see Medicare ner, and I think way off in the other tion in our health care system. beneficiaries, and, undeniably, this will corner are the patients. So all this The Acting CHAIR. The time of the lead to delays and denials of care. stuff in the middle is what undermines gentleman has expired. This board, as has been said many the trust in the doctor-patient rela- Mr. LEVIN. I yield myself an addi- times, is made up of 15 unelected bu- tionship. tional 1 minute. reaucrats—and unaccountable ones at Now, we had Health and Human Serv- Look, I respect that. But the primary that—that will wield enormous power, ices Secretary Kathleen Sebelius in fact, the basic fact is that the Afford- able Care Act addresses this issue more and there are no checks and balances front of our committee recently, and effectively than has been addressed be- in place to ensure that authority is we were asking about this Independent fore. There is more money for primary being used appropriately. This abdi- Payment Advisory Board. We asked the care physicians, for family physicians. cates Congress’ responsibility, and it question about rationing, and what That’s what we need. That’s what we threatens care for our Nation’s seniors. came out was, number one, there’s no Make no mistake that IPAB must be need. definition of rationing in the statute, And to come here and raise the spec- repealed. We don’t need a medical IRS. so the Department will have to write The second part of this legislation is ter that this bill is going to diminish rules. And she admitted in com- it, when its major purpose, among oth- going to reform our medical liability mittee—very tacitly but effectively ad- system. Across our country, our med- ers, is to increase the availability, to mitted—that they’re not going to be have a linkage between the patient and ical profession has practiced defensive able to write rules that can actually medicine out of fear of frivolous law- the specialty care— protect seniors from IPAB. Mr. BOUSTANY. Will the gentleman suits. This not only drives up health Even the left-leaning Kaiser Family yield for one more point? care costs, but it creates serious doctor Foundation admits, IPAB must issue Mr. LEVIN. I yield to the gentleman. recruitment and retention problems, cuts to meet spending targets ‘‘even if Mr. BOUSTANY. We have a severe especially in the so-called ‘‘high-risk’’ evidence of access or quality concerns shortage in cardiothoracic surgeons, in disciplines such as orthopedics, neuro- surfaced.’’ AARP warns IPAB’s Medi- neurosurgeons, other key specialists surgery, emergency medicine, and ob- care cuts ‘‘could have a negative im- that are very essential for the care of stetrics. pact on access to care.’’ Medicare patients, and it’s getting The Acting CHAIR. The time of the Both of those are really understate- worse. We need both primary care and gentleman has expired. ments. According to Medicare’s own specialty physicians to deal with this Mr. CAMP. I yield the gentleman an actuaries, Medicare physician pay- patient population. It’s getting worse. additional 15 seconds. ments could fall to less than half of The Acting CHAIR. The time of the Mr. DENT. This medical liability cri- projected Medicaid rates under current gentleman has again expired. sis has had serious implications in my law. Mr. LEVIN. I yield myself an addi- State of Pennsylvania. It’s time we act The Acting CHAIR. The time of the tional 30 seconds. on this issue. gentleman has expired. Look, we need to address it, but de- I live in a State where we train a lot Mr. CAMP. I yield the gentleman an stroying Medicare is not the way to ad- of doctors, but we can’t retain them additional 15 seconds. dress it. That’s what you do. You de- and we can’t recruit them. It’s a very Mr. BOUSTANY. We won’t control stroy it. You destroy it when you say serious problem for us. costs by cutting Medicare provider re- you’re saving it.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3887 I reserve the balance of my time. Mr. LEVIN. I yield myself the bal- likely to simply increase costs for bene- Mr. CAMP. I yield 2 minutes to the ance of my time. ficiaries while removing Medicare’s promise distinguished gentleman from Indiana Look, the Supreme Court will be of secure health coverage—a guarantee the future seniors have contributed to through a (Mr. PENCE). hearing the case about the individual lifetime of hard work. Mr. PENCE. I thank the chairman for mandate next week, and I don’t think The premium support method described in yielding. we want to argue this now. We don’t the proposal, unlike private plan options I rise today in support of the Pro- have any judges here. that currently exist in Medicare, would like- tecting Access to Healthcare Act. This But let me say, on the individual ly ‘price out’ traditional Medicare as a via- bill will take an important step for- mandate, it really is ironical that the ble option, thus rendering the choice of tra- ditional Medicare as a false promise. ward in dismantling the government more conservative, apparently, you takeover of health care that was passed are, the more you dislike the indi- So this is what I think we should do by this body some 2 years ago. vidual mandate, when the individual in terms of this three-act play of the The PATH Act essentially would re- mandate was the central point within House Republicans. That is to start by peal the Independent Payment Advi- the health care reform proposal of con- rejecting act one, this repeal of IPAB. This may be a vote, but it’s not going sory Board included in ObamaCare, and servatives in this country several dec- to be an act. I strongly support it. ades ago. It was their central point in Now, quite frankly, the IPAB that is I finish with this. In a sense, you are the eighties and in the nineties. And the acronym that’s been used often on acting because this isn’t going to be- now they’ve reversed course and claim, the floor in this debate is probably come law. You have not come up in all I guess, what they proposed in the sev- something that most Americans are of these months with a comprehensive enties and eighties was constitutional unfamiliar with. But they deserve to alternative to the Affordable Care Act. then is unconstitutional today. Talk know that buried in section 3403 of There’s not been a comprehensive bill about a flip-flop. That is, I think, ObamaCare, there’s a powerful board of put forth. We haven’t voted on a com- maybe an unconstitutional flip-flop, unelected bureaucrats, this so-called prehensive bill in these days on the but the Court will decide that. Independent Payment Advisory Board, Ways and Means Committee. Instead, whose sole job will be to save money by b 1830 there has a piece-by-piece effort to dis- mantle what was health care reform to restricting access to health care for Let me just say a word about cost Medicare beneficiaries. That’s the pur- address a serious situation, including containment and the importance of our over 50 million people who go to sleep pose of IPAB. addressing that and the importance of IPAB is required to achieve specific every night without health care cov- our reforming the present system, how savings in years where Medicare spend- erage in the United States of America. we reimburse the fee-for-service sys- ing is deemed to be too high. It will We should be ashamed of that. We tem. I don’t think it’s been noticed lead, inexorably, to rationing. It will should be ashamed. A couple years ago, that, in addition to IPAB, ACA has a we acted to lift that shame off of the take medical decisions out of the hands number of provisions that will go into shoulders of all of us in the United of doctors and patients, and it will re- effect long before IPAB could become States of America. duce patient choice, unambiguously. operational. Those systems are begin- I urge we vote ‘‘no’’ on this bill. Furthermore, ObamaCare doesn’t I yield back the balance of my time. even require that IPAB do all of this in ning to work. For conservatives who talk about the Mr. CAMP. Madam Chairman, I yield the public domain. There’s no require- myself the balance of my time. ment that IPAB hold public meetings importance of cost containment, they want to repeal an act that has within it Nearly 70 percent of seniors are wor- or hearings, consider public input on ried that IPAB will limit their Medi- its proposal, or make its deliberations not only the seeds of cost containment, but the instrumentalities of it. In fact, care choices and the coverage that’s open to the public. available to them under Medicare. I they’re beginning to work well enough. Unaccountable Washington bureau- think this is the most troubling part of That’s why CBO says that it’s going to crats meeting behind closed doors to the health care law that the Democrats be 10 years before IPAB is triggered. make unilateral decisions that should rammed through the Congress, and So, those who come here who claim be made by patients and doctors is un- that is because this secret rationing acceptable, and this IPAB must be re- to be concerned about cost contain- board is given enormous power with no pealed. ment essentially are undermining their accountability. It was 2 years ago that we passed this own position. The 15 unelected board members of government takeover of health care Well, this is act one of the Repub- IPAB are free to cut reimbursement into law. It’s important to note that lican three-act play. rates for certain procedures or for serv- the first act of this Congress in Janu- The second is to eliminate health ices that they deem unnecessary. They ary 2011 was a full repeal of care reform altogether, and the third is can cut those rates so low that physi- ObamaCare. to take away Medicare. cians will no longer be able to offer The Acting CHAIR. The time of the I want to close reporting the views of those services. That’s pretty clearly gentleman has expired. AARP in terms of the Ryan budget pro- the ability to ration. Mr. CAMP. I yield the gentleman an posal. It says: We have had countless physician additional 30 seconds. It lacks balance, jeopardizes the health and groups warn us about the IPAB. Mr. PENCE. I thank the gentleman. economic security of older Americans. A They’re warning us that these cuts will You’ll never convince me that the number of proposals in this budget put at force them to stop seeing Medicare pa- Federal Government, under the Con- risk millions of individuals by prioritizing tients, and the real problem is, because stitution, has the authority to order budget caps and cuts over the impact on peo- TRICARE reimbursement rates are the American people to buy health in- ple. tied directly to Medicare, that will surance whether they want it or need Those who talk about the cap that have health care for our military per- it, or not. My hope is that in the days would essentially be within the struc- sonnel negatively impacted by the ahead, the Supreme Court will come to ture of IPAB’s operation, that proposed IPAB as well. that conclusion. cut is less than in the Ryan budget, The Democrats gave IPAB blanket I believe we must not rest, we must which would be more severe, and essen- authority to operate in secret. There is not relent until we repeal ObamaCare, tially the implementation would be by no requirement that their delibera- lock, stock and barrel. But, for now, insurance companies who are nameless, tions, their reasonings for their conclu- let’s take the path that is before us. who are unaccountable. sions must be made public. Also, the Let’s pass the Protecting Access to So let me continue with another health care bill states directly that Healthcare Act, and let’s repeal this quote from the AARP: IPAB, and I’m quoting here, ‘‘may ac- onerous Independent Payment Advi- By creating the premium support system cept, use, and dispose of gifts or dona- sory Board once and for all. for Medicare beneficiaries, the proposal is tions of services or property.’’ That’s

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3888 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 not a very subtle invitation for lobby- direct proportion to fault, and it pro- able Care Act, some derisively termed ists and others with interests in issues vides reasonable guidelines on the it ‘‘ObamaCare.’’ I believe that some before the Congress to impact these award of punitive damages. day this bill will be famous because it unelected and unaccountable IPAB The HEALTH Act allows for the pay- is named after the President. members with cash, with gifts, with ment of 100 percent of plaintiffs’ eco- We were proud to have taken up an other items. nomic losses. These unlimited eco- important step in realizing a goal that So not only do they have enormous nomic damages include all their med- we’ve been striving for for quite a long power that if the Congress can’t over- ical costs, their lost wages, their future time. But today, we’re confronted with ride automatically becomes law. But lost wages, rehabilitation costs, and a leader in the House, himself a med- they have the ability to do it in secret, any other economic out-of-pocket loss ical doctor, who is urging that we take and the legislation states directly that suffered as a result of a health care in- a step backward and roll back our they can accept gifts and donations. jury. progress. So this is a troubling piece of The HEALTH Act also does not pre- The measure before us will repeal the ObamaCare that we need to repeal, and empt any State law that otherwise Independent Payment Advisory Board, I urge my members to vote for repeal caps damages. which would save us millions of dollars of this. This bill is a commonsense and con- and pay for itself by pushing through I yield back the balance of my time. stitutional approach to reducing the malpractice legislation that under- Mr. SMITH of Texas. Madam Chair- cost of health care. mines State sovereignty and enriches Whereas, the HEALTH Act allows woman, I yield myself such time as I corporations that surely don’t need it. doctors to freely practice nationwide, may consume. Congress established the advisory the ObamaCare individual mandate Madam Chairwoman, America’s med- board to slow Medicare’s growth costs. dictates that all people buy a par- ical liability system is broken and in The Independent Payment Advisory ticular product, whether they want it desperate need of reform. Board does not undermine our role in or not. Medicare policy nor does it cut access b 1840 Unlike ObamaCare, the HEALTH Act to care. Its repeal, however, removes saves the American taxpayers money. Frivolous lawsuits drive physicians critical oversight and efficiency and The Congressional Budget Office re- out of the practice of medicine. Limit- paves the way for the majority’s plans cently determined that the President’s less liability discourages others from to replace guaranteed health care for health care law will cost almost double high-risk medical specialties and sub- seniors with corporate voucher sys- its original $900 billion price tag. An- stantially increases the cost of health tems. other CBO report estimates that pre- care. How many of us have constituencies miums for medical malpractice insur- The solutions to this crisis are both that you could go back home and tell ance ultimately would be an average of well known and time tested, but the your constituents that you’re going to 25 percent to 30 percent below what President’s recent health care legisla- replace this health care bill that is they would be under current law. These tion did nothing to address the prob- praised from one end of the country to are just a few reasons why organiza- lems in our medical liability system. the other, that has taken decades to tions like Americans for Tax Reform We cannot wait any longer to fix the enact, that we’re now going to use support this legislation. problem. We should pass this bipar- vouchers for health care? The HEALTH Act also reduces the tisan medical liability reform legisla- When we passed President Obama’s land- tion to cut health care costs, spur med- cost of health care as it decreases the waste in our system caused by defen- mark Affordable Care Act, we were proud to ical investment, create jobs, and in- have taken an important step in realizing that crease access to health care for all sive medicine. This practice occurs when doctors are forced by the threat ideal. Americans. But today, the Majority takes a step back- of lawsuits to conduct tests and pre- H.R. 5, the HEALTH Act, is modeled wards. They seek to roll back our progress. scribe drugs that are not medically re- after California’s decades-old and high- H.R. 5, the so-called ‘‘Help Efficient, Acces- ly successful health care litigation re- quired. According to a Harvard University sible, Low-cost, Timely Healthcare Act,’’ will form. According to the National Asso- study, 40 percent of medical mal- repeal the Independent Payment Advisory ciation of Insurance Commissioners, practice lawsuits filed in the United Board, IPAB, which saves us millions, and pay the rate of increase in medical profes- States lack evidence of medical error for it by pushing through malpractice legisla- sional liability premiums in California or any actual patient injury. That’s 40 tion that undermines State sovereignty and since 1976 has been nearly three times percent. Many of these suits amount to enriches insurance companies. lower than the rate of increase experi- legalized extortion of doctors and hos- Congress established the IPAB to slow enced in other States. pitals. But because there are so many Medicare’s growth costs. The IPAB does not By incorporating California’s time- lawsuits, doctors are forced to conduct undermine our role in Medicare policy or cut tested reforms at the Federal level, the medical tests simply to avoid a lawsuit access to care. Its repeal, however, removes HEALTH Act saves taxpayers billions in which lawyers claim not everything critical oversight and efficiency, and paves the of dollars, encourages health care pro- possible was done for the patient. This way for the Majority’s plans to replace guaran- viders to maintain their practices, and wasteful defensive medicine adds to teed healthcare for seniors with corporate reduces health care costs for patients. our health care costs without improv- voucher systems. It especially helps traditionally under- Rolling back these cost-cutting measures ing the quality of patient care. served rural and inner-city commu- In his 2011 State of the Union ad- will cost the Federal Government money, and nities and women who seek obstetrics dress, President Obama said: so to pay for this costly repeal, the Majority care. I’m willing to look at other ideas to bring has offered up the same tired old medical mal- The reforms in H.R. 5 include a down costs, including one that Republicans practice proposals they have been pushing for $250,000 cap on noneconomic damages suggested last year: medical malpractice re- the last two decades. In fact, this is the four- and limits on the contingency fees law- form to rein in frivolous lawsuits. teenth time that the full House will have con- yers can charge, and it allows courts to Let’s help the President keep his sidered this measure since 1995. It wasn’t a require periodic payments for future word and put this legislation on his good idea 20 years ago, and it isn’t a good damages in order to ensure that in- desk. idea today. jured patients receive all of the dam- Madam Chairwoman, I reserve the Rather than helping doctors and victims, the ages they are awarded without bank- balance of my time. bill before us represents a windfall for the rupting the defendant. Mr. CONYERS. Madam Chair, I yield health care business. It pads the pockets of The HEALTH Act also includes pro- myself such time as I may consume. insurance companies, HMOs, and the manu- visions that create a fair share rule by Ladies and gentlemen of the House, facturers and distributors of defective medical which damages are allocated fairly in when we passed the landmark Afford- products and pharmaceuticals. And it does so

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0688 Sfmt 9920 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3889 at the expense of innocent victims—particu- consume to the gentleman from Cali- medical system, the health care system larly women, children, the elderly, and the fornia (Mr. LUNGREN), who is the chair- would have collapsed. We had doctors poor. man of the House Administration Com- leaving the State of California—par- The malpractice liability provisions before us mittee and a senior member of the Ju- ticularly in specialties such as obstet- today would supersede the law in all 50 states diciary Committee. rics and gynecology, neurosurgery, an- to cap non-economic damages, cap and limit Mr. DANIEL E. LUNGREN of Cali- esthesiology—moving to other States punitive damages, limit access to the courts fornia. I thank the gentleman for yield- because the premiums that were re- for poorer victims of medical malpractice, ing. quired to be paid by our doctors had be- shorten the statute of limitations for claims, The idea that 15 unelected individ- come so exorbitant that they either eliminate protections for children, and elimi- uals on the Independent Payment Advi- had to leave the State or no longer be nate joint and several liability. sory Board have been empowered by able to practice medicine. We need to cut the charades and get to the the so-called Patient Protection and Information received by our Judici- heart of the problem. Affordable Care Act to ration health ary Committee from the National As- The malpractice insurance industry is care for seniors—and that’s for all sen- sociation of State Insurance Commis- plagued by collusion, price fixing, and other iors—is as Orwellian as these titles sioners indicates that since 1976, when anticompetitive activities. Yet this bill does crafted by the previous Congress to di- it was adopted, California’s medical nothing to respond to this problem. vert attention from what’s really being professional liability premiums have It is also clear that a legislative solution done here. risen at less than half the pace of the largely focused on limiting victims rights avail- Delegating such authority to a gov- rest of the country. While I would cau- able under our state tort system will do little ernment board to make such decisions tion that MICRA must not be perceived other than increase the incidence of medical with such a dramatic impact on the as a silver bullet, it was, nonetheless, malpractice—already the sixth leading cause health care alternatives available to an important step forward taken by of preventable death in our nation. Medicare recipients raises the most se- our State and a sound model for re- Under the proposed caps on damages, rious ethical concerns about respect for form. This is, once again, evidence that Congress would be saying to the American the dignity of our seniors. This is the as laboratories of democracy, our people that we don’t care if you lose your abil- unfortunate consequence of a world States more often than not serve as in- ity to bear children, we don’t care if you are view which favors the notion of bureau- cubators of reform. forced to bear excruciating pain for the re- cratic expertise and efficiency as a so- At the same time, I do believe that it mainder of your life, we don’t care if you are lution to the challenges facing our is important to recognize that the permanently disfigured or crippled. health care system today. The purpose American legal system and our civil The proposed new statute of limitations of providing quality health care to our justice system, in particular, contains takes absolutely no account of the fact that Nation’s seniors is simply incompatible vagaries unique to each of the States many injuries caused by malpractice or faulty with the idea that the delivery of which operate within the context of a drugs take years or even decades to manifest health care services can be achieved system of federalism. In this regard, we themselves and trace the root cause. need to be cautious on the Federal The bill would allow insurance companies through some sort of algorithm con- level in making assumptions about the teetering on the verge of bankruptcy to delay trived by a panel of experts. impact of our actions. Even in Cali- and then completely avoid future financial obli- Rather than empowering seniors to fornia, itself, the effort to adopt a Fed- gations. And they would have no obligation to play a more active role in their own eral medical liability reform statute pay interest on amounts they owe their vic- health care decisions, the IPAB moves has raised some questions about pos- tims. in the opposite direction by empow- And guess who else gets a sweetheart deal ering an unaccountable government sible unintended consequences. Even though one aspect of the impe- under this legislation? Drug companies—most panel to make these decisions. In this tus behind H.R. 5 is to bring relief to of which are foreign. This bill makes drug and regard, the inclusion of legislative lan- medical practitioners from the trap of device manufacturers immune from punitive guage to repeal IPAB could not be bet- defensive medicine, as suggested by the damages, so long as the FDA has approved ter placed than with a medical liability chairman of our committee—and I do their products or their products are generally reform bill, for IPAB is itself, per se, believe that is true—physicians are, considered ‘‘safe,’’ no matter how egregious malpractice. unfortunately, expressing some con- their behavior. b 1850 The bottom line is that this legislation cerns over some of the provisions con- Now, H.R. 5 contains many important doesn’t prevent terrible things from happening tained in H.R. 5. reforms concerning our health care in hospitals. The bill’s takeover of state courts Specifically, the California Medical litigation system. These health care re- won’t help judges throw out frivolous lawsuits, Association, while they support getting forms are modeled after my own State and a ceiling of a quarter of a million dollars rid of the board as we previously dis- of California’s Medical Injury Com- won’t stop bad actors from looking for a pay- cussed, have expressed some opposition pensation Reform Act, better known as out. to the fair-share rule contained in sec- Instead, this legislation lifts legal and finan- MICRA. This important initiative was tion 4(d) of the HEALTH Act. They cial risk from hospitals, drug manufacturers, signed into law over three decades ago have expressed that the fair-share rule and insurance companies, and drops that bur- by then- and now, again, California in H.R. 5 will preempt California’s law den onto real people, the victims of medical Governor Jerry Brown. and put full recovery by injured pa- malpractice. I practiced under this law for several tients at risk. They inform us, ‘‘As This bill helps the powerful at the expense years. I practiced under the law that written, the fair share rule will dra- of the injured, the elderly, and the very young. preceded MICRA. I did a good deal of matically increase the potential for It raises serious federalism concerns and medical malpractice defense in the physicians to face enforcement pro- overturns the law in all 50 states. And it hurts courtroom. I appeared before juries, be- ceedings against their personal assets. real people with real injuries, blocks them from fore judges. I settled cases. I had the This would force physicians to pur- the courts and limits their rights to legal re- opportunity to defend doctors and hos- chase increased medical professional li- dress, all in the name of a dangerous, unnec- pitals. About 90 percent of the cases I ability insurance coverage, which will essary, and unfair theory about malpractice li- did were on the defense side, about 10 significantly increase liability pre- ability. percent on the plaintiff’s side. I believe miums in California for physicians.’’ I urge my colleagues to reject this anti-pa- I had the first successful medical mal- Secondly, the California Medical As- tient, anti-victim legislation. practice suit against an HMO in the sociation has expressed ‘‘serious con- Madam Chair, I reserve the balance State of California. I had an oppor- cerns with granting complete immu- of my time. tunity to view the system close up. nity from punitive damages to medical Mr. SMITH of Texas. Madam Chair- And the fact of the matter is, with- produce and device manufacturers, dis- woman, I yield such time as he may out the MICRA reforms, the California tributors, and suppliers.’’ They state,

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I do believe that we ab- want to start a business, if you want to licans released their budget, which solutely, as the physicians of the Cali- change jobs, under the Affordable Care would end the Medicare guarantee and fornia Medical Association believe, Act, you have that liberty to pursue shift cost to seniors. End the guar- ought to rid ourselves of the Inde- your happiness. antee. What does that mean? Shift cost pendent Payment Advisory Board for So that is why I am so pleased that to seniors—perhaps up to $6,400 for fear that its implementation will, in this week we can celebrate the 2-year most seniors a year—and, again, let fact, interfere with the doctor-patient anniversary of the Affordable Care Act; Medicare wither on the vine. That’s relationship, interfere with the avail- and I want to mention some of the pro- why today’s legislation is such a cyn- ability of medical care, interfere with visions that are in it but not before ical political ploy. And I know that the availability of physicians to sen- mentioning that the legislation on the American seniors will not be fooled by iors and others. But they have ex- floor today is a feeble attempt to un- it. pressed some concerns that we have to ravel legislation that makes a big dif- Today brought legislation to repeal give other States the benefit of ference in the lives of America’s fami- what is known as IPAB, the Inde- MICRA. And I understand some of their lies. pendent Payment Advisory Board. concerns. I think we may be very well You be the judge: if you are a family Independent. Independent of political able to address that in further lan- with a child with asthma, diabetes, is influence over decisions that are made. guage. bipolar, has a preexisting medical con- This piece of the legislation was a Although it is my intention to vote dition, up until this bill, your child bend-the-curve to reduce the cost of for passage of H.R. 5, my hope is that could be discriminated against for life health care in America. before it would return to us from the of ever receiving affordable health in- Republicans are desperate to distract Senate, we would specifically address surance and, therefore, care. The full seniors from their real record on Medi- the concerns raised by the physicians thrust of the law does not take place care, and that’s what they’re trying to from my State. The necessary repeal of until 2014; but already, for months now, do today. I say that without any fear of IPAB is an important reform. Some of no child in America can be denied contradiction and without any hesi- these others contained in the further health coverage because of a pre- tation because nothing less is at stake section of the health care act warrant existing condition, and soon all Ameri- than the well-being of our seniors, support. But I do believe we need to cans will have that same protection. their personal health, and their eco- have some changes, and I would look For the first time in American his- nomic health. And that means their se- forward to those changes in a con- tory, millions of American women and curity. ference report or any bill which is re- seniors have access to free preventive Further, in this bill Republicans have turned to the body by the Senate. health services, services that prevent, recycled their old medical malpractice I would like to say this, that for that are better early intervention to liability legislation that undermines someone who practiced law for a num- detect a possible illness in a person. states’ rights and hurts the rights of ber of years in the area of medical mal- injured patients to obtain just com- b 1900 practice, with doctors and hospitals, pensation. and saw what a failure to limit non- Eighty-six million Americans have Because of the impact on American economic damages was doing to the already received key preventive health States of what they’re trying to do in availability of health care—not just benefits under the law, and more than this bill, the bipartisan National Con- the cost of health care, but the avail- 5 million seniors have saved over $3.2 ference of State Legislatures has ability of health care in my home billion in prescription drug expenses. strongly opposed this bill. That bipar- State—I do believe MICRA is a model Already, $3.2 billion in prescription tisan group says that after a careful re- that ought to be replicated by other drug benefits because of provisions of view it had reached ‘‘the resounding bi- States in the Union. the law that are already in effect. partisan conclusion that Federal med- I do believe that the facts are in. So if you’re a senior and you’re ical malpractice legislation is unneces- Over 30 years, we’ve been able to see caught in the doughnut hole, or you sary.’’ that it has improved access to health would have been, you are already bene- Again, Madam Speaker, this week we care, improved the number of physi- fiting from this law. And that’s what celebrate the 2-year anniversary of the cians, particularly in difficult special- the Republicans are trying to take Affordable Care Act for what it em- ties, and it has brought down the over- away from you, from your family, from bodies. It’s about innovation. It’s about all cost of premiums and, therefore, the your life, from your liberty, from your not just health care in America but a cost of medical care in my State. pursuit of happiness. healthier America. It’s about preven- The idea that somehow medical mal- The last point about seniors and pre- tion and innovation. It’s about cus- practice premiums have no effect ei- scription drugs is particularly impor- tomized, personalized care. It’s about ther on the cost of care or the accessi- tant because it fits in with our con- electronic medical records. It’s about bility of care flies in the face of the ex- sistent commitment from day one as lowering costs, expanding access, and perience of 30 years in my home State authors of Medicare in the sixties, fits improving quality. of California. with our consistent commitment to al- So much misleading information is Mr. CONYERS. Madam Chair, I am ways strengthen Medicare for Amer- put out there about it that it’s impor- pleased now to yield 1 minute to the ican seniors, never weaken it. Indeed, tant to keep repeating the difference, former Speaker of the House of Rep- as I mentioned, Democrats created the transformative nature of the legis- resentatives, our leader, the gentle- Medicare, sustained Medicare, and lation. In fact, it has already begun to woman from California, NANCY PELOSI. Democrats will always protect Medi- transform the lives of America’s chil- Ms. PELOSI. I thank the gentleman care even from language that is so mis- dren by saying no longer will they be for yielding. I appreciate his leadership leading as to make one wonder. denied coverage because they have a for helping us honor what our Founders Republicans, on the other hand, have preexisting medical condition. And put forth in our founding documents, voted to end Medicare. End the Medi- soon we can fully say that no longer which is life, liberty, and the pursuit of care guarantee. They have said that being a woman is a preexisting medical happiness. And that is exactly what their goal for Medicare is for it to condition, where women are discrimi- the Affordable Care Act helps to guar- wither on the vine. And tonight’s legis- nated against to the tune of a billion

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If you want I urge all Members to keep one fact companies, Big Pharma and medical to unravel Medicare, vote ‘‘aye.’’ If you in mind as we debate the medical mal- device manufacturers will pass any want to support Medicare, if you think practice aspects of this bill. These pro- savings along, nor do they account for health care is a right for the many, not visions would apply only to people who the cost of the care needed by people just a privilege for the few, vote ‘‘no.’’ had meritorious claims of malpractice who have been injured and who will be Mr. SMITH of Texas. I yield myself against them. You don’t have to limit unable to receive adequate compensa- such time as I may consume. people’s recoveries or attorneys fees for tion. Mr. Chairman, most Americans still people without meritorious claims. So This bill is not limited to suits oppose ObamaCare yet support medical whatever we’re doing here today will against individual health care service liability reform of the kind that we are be done only to those who have been providers, doctors and other licensed considering tonight. A recent survey injured, whose injuries have been in- health care professionals. It would pro- found that 83 percent of Americans be- flicted by someone else’s wrongdoing, vide protection against malpractice lieve that reforming the legal system and who need and should be entitled to claims for large corporations, insur- needs to be part of any health care re- compensation. ance companies, health maintenance form plan. The argument we hear, which is not a organizations, and pharmaceutical gi- As the Associated Press recently re- new one, is that if we allow the players ants when they deal in defective prod- ported, most Americans want Congress in the health care industry, including ucts or when someone else’s health is to deal with malpractice lawsuits driv- Big Pharma, the manufacturers of de- destroyed because an insurance com- ing up the cost of medical care, says an fective medical devices, and even big pany refused to pay for necessary care. Associated Press poll. Yet Democrats insurance companies and HMOs that Mr. Chairman, we heard the gen- are reluctant to press forward on an routinely pay for health care services, tleman from California refer to the issue that would upset a valuable polit- to escape the consequences of the harm California legislation that is the model ical constituency—trial lawyers—even they inflict, then somehow we’ll all be for this legislation passed in 1976, 36 if President Barack Obama says he’s better off. years ago. That legislation enacted a open to changes. limit and said for noneconomic dam- b 1910 The AP poll found that support for ages you can only get a recovery of limits on malpractice lawsuits cuts This is not true, has never been true, $250,000 because you lost a leg when across political lines, with 58 percent of and, despite the extravagant claims of they removed the wrong leg. They felt independents and 61 percent of Repub- the proponents of this bill and the in- in 1976 that $250,000 was an appropriate licans in favor. Democrats were more dustries lobbying for it, that will not amount to limit it to. In today’s dol- divided. But still, 47 percent said they be true if this multibillion dollar gift lars, that’s $38,000. favor making it harder to sue while 37 to bad actors in the health care indus- But there’s no inflator in that legis- percent are opposed. The survey was try were to become law. lation, and there’s no inflator in this conducted by Stanford University with Just how pricey a gift to industry are legislation. That $250,000 in 1976 today the nonprofit Robert Wood Johnson we talking about here? According to is $1.4 million. So if we were modeling Foundation. In the poll, 59 percent said the Congressional Budget Office, $45.5 this on that, we should say the limit is they thought at least half the tests billion over the next decade. Now, any- $1.4 million, but we’re not doing that. doctors order are unnecessary—ordered one who believes that those savings We’re saying 250, and we’re not putting only because of fear of lawsuits. will be passed along directly to con- an inflation adjustment in here, so it In a poll done by the Health Coali- sumers, health care providers, and vic- will be $250,000 this year, and 5 years tion on Liability and Access in Octo- tims of medical malpractice is living in from now it will be the equivalent of ber, 2009, 69 percent of Americans said a dream world. Some of us will remem- $100,000, and 10 years from now $35,000 they wanted medical liability reform ber the debates we had in this House and eventually zero. included in health care reform legisla- for the 8 years preceding enactment of I submit that it is very wrong. It may tion. Seventy-two percent said their the 2005 Bankruptcy Code rewrite. We be that if malpractice causes a woman access to quality medical care is at will no doubt remember the argument to lose her fertility, causes her to lose risk because lawsuit abuse forces good that abuse of the bankruptcy system the ability to bear children, the med- doctors out of the practice of medicine. was a hidden tax of $400 a year for ical costs to her may be minor, the lost Mr. Chairman, let’s support a bill every American and that tightening wages, the economic damages may be that is so strongly endorsed by the the rules would be of interest to all minor. But the inability to bear a child American people. consumers. Well, we passed that huge should be limited to $250,000 and even- I reserve the balance of my time. giveaway to the big banks. Consumers tually to almost nothing because Mr. CONYERS. Mr. Chairman, I am have not seen a nickel of that $400. The there’s no inflation in this? If someone pleased to yield such time as he may banks pocketed all the money. If you is put in a wheelchair for life, the pain consume to a member of the House Ju- think that this bill will lower costs for and suffering is worth almost nothing? diciary Committee, JERROLD NADLER, consumers, that the big insurance com- That’s what is wrong with this legisla- who has worked on this subject matter panies will not simply pocket the tion, and that’s what’s immoral about for quite a long time. money, there’s a famous bridge in my this legislation. That’s why we ought Mr. NADLER. I thank the gentleman district that I might be willing to sell to vote against this legislation. for yielding, and I rise in opposition to to you. Mr. SMITH of Texas. Mr. Chairman, I this deeply flawed and deceptively So keep in mind just who will be yield 5 minutes to the gentleman from named legislation. bearing the burden of this legislation: Illinois (Mr. JOHNSON). Contrary to the bill’s title, this bill people who are subject to limitations Mr. JOHNSON of Illinois. Mr. Chair- will not promote access to better on damages and on their ability to ob- man and Members of the House, first of health care nor will it make health tain competent counsel—something all, let me thank the chairman for his care more affordable. If the wishes of not imposed on insurance companies, willingness to allow me to speak on an many of the proponents of this legisla- drug companies, or HMOs. That may be issue on which we do not agree. I ap- tion come true and the Affordable Care good for the insurance companies, for preciate the courtesy; I appreciate the Act is repealed and Medicare and Med- the manufacturers of defective drugs lively debate that has preceded me in, icaid as we know them are curtailed or and medical devices and all the other I think, probably a far more articulate

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3892 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 way than I’m going to be able to ar- Republicans say we believe in in terms b 1920 ticulate. But let me just, Mr. Chairman of individual worth. One of our attacks, I think I probably pretty well ad- and Members of the House, address this quite frankly, on the passage of this dressed it. I think between myself and in a bigger sense and then maybe in a bill, which I largely subscribe to the my inarticulate comments and your specific sense from the standpoint of a attacks, is one that deals with the deep opposition and some opposition over Republican Member of the United personalization of the individual inher- here, I think the debate has been very States Congress. ent in President Obama’s health care good and good for the process. And this To begin with, I believe that this ad- approach. This bill is a collectivist at- is one I’m with you on, sir. dition is largely unrelated and almost tack on personal realities and is a dis- Mr. CONYERS. I thank you, Mr. entirely disconnected from the under- regard for age, circumstances, State or JOHNSON. lying bill. I believe it demonstrates community of residence; and I think Mr. Chairman, I am pleased now to some concern—or I believe it reveals that addresses in a very serious way yield 4 minutes to the Judiciary Com- some lack of concern—for sensitivity, the concept that we have constitu- mittee member from Florida (Mr. and I think in a lot of ways reveals the tional worth of the individual. DEUTCH), who has worked very care- duplicitousness that I think is inherent In conclusion, this bill has essen- fully with us on this subject matter. in a discussion of this issue. I think it tially nothing to do with revenue pro- Mr. DEUTCH. Mr. Chairman, it’s no is statist and antithetical to our be- duction. We all know that. It obfus- surprise that I am disappointed with liefs, at least my beliefs and I think cates the underlying purpose of the the content of this bill before us today. most of the Members’ on this side of bill, which is, quite frankly, to dis- I join with my colleagues who have ex- the aisle, with respect to what America mantle the inherent bureaucracy in the pressed their disappointment, but I’m is all about. health care bill, which I largely sub- also disappointed with the process be- I look at this from the standpoint of scribe to. It injects politics into a le- hind it. a Republican Member in a Republican gitimate debate on a substantive public Yesterday, for a totally bogus reason, Party who has been a forerunner and policy and prevents Republican and the Rules Committee declared an who has dealt with the issue of states’ Democrat Members from an up-or-down amendment I offered out of order. They rights and, quite frankly, has attacked vote and strikes, I think, at our funda- claimed it would add to the cost of the this health care bill—and the Attor- mental beliefs of states’ rights, of indi- bill despite having no numbers. The neys General—on a states’ rights and vidualism and on constitutional amendment did not create some new interstate commerce basis. It is a clas- premise. regulation. It did not create new judi- sic example, Mr. Chairman and Mem- In summary, I believe that a ‘‘no’’ cial proceedings. It did not set aside bers of the House, of what has histori- vote is a vote to preserve individual money for a new program. cally been an area for states’ rights. dignity. Our ‘‘no’’ vote is one to main- Let me tell you what it did do, Mr. Whether it’s the criminal justice or do- tain constitutional values, and it is to Chairman. It would have made a ter- mestic law or civil justice, our Found- safeguard states’ rights and the separa- rible bill slightly better. It’s simple. ing Fathers set in place a Federal level tion of powers. I know this is well in- My amendment ensured that doctors and a State level of government, and tended, but this is not the vehicle to do who intentionally—not accidentally, this strikes at the core of states’ it in. The vehicle is Austin, Texas, or but intentionally—harm their patients rights. Albany, New York, or Springfield, Illi- are not exempt from medical mal- In addition to that, Mr. Chairman nois. I have some serious concerns practice liability. If this Congress and Members of the House, separation about State legislation that would also wishes to tell a child made blind by the of powers. We have been critical—and I interfere with separation of powers, negligence of his doctor that those in think legitimately—from this side of but this is not the arena to do it in; it this Chamber know better than a jury, the aisle with respect to HHS waivers is not the bill to do it in; and I think, if my colleagues wish to pretend that that have been granted. We’ve been quite frankly, it is one that, unfortu- the Seventh Amendment of the United critical of the EPA and the U.S. DOT nately for me, strikes at the core of States Constitution, guaranteeing a and so forth for their administration why I’m here. I’m not here to dis- trial by jury, was somehow omitted and their promulgation of rules with- mantle our common law system; I’m from the Bill of Rights, I disagree, but out legislative authorization. And yet not here to dismantle the free market so be it. The very least we can do is en- this entirely desecrates, in some ways, system; and I’m not here to dismantle sure that if a doctor intentionally our whole judicial function, our whole states’ rights. I’m here to stand up for abuses his patients that he will not judicial function regarding liability what I think the American people sent evade justice. and damages. It is an intrusion into us here for. Surely, the sponsors of this bill did the judicial arena, which is something not intend to extend liability caps to a I don’t think the health care bill was that is sacrosanct, and I think that’s pediatrician who sexually abused a well considered. I think it should be essential to our viewpoint of what the child or a dentist who raped his pa- substantially addressed in terms of this Constitution is all about. tients under sedation. I’m disgusted to and other legislation. But this bill It also strikes at the core of our free say that those are both real examples doesn’t do it, ladies and gentlemen; and market system. I have been involved of the kind of abhorrent behavior H.R. I, with all due respect, ask my col- from a number of standpoints in the 5 may mistakenly immunize without leagues on both sides of the aisle to law practice; and I see a system that, clarification. in an overwhelming number of cases, join with me in a ‘‘no’’ vote on what I Is it too much to ask that we simply works to effect justice. Two attorneys think may be a well intended, but cer- think this through? Can someone ex- or more, witnesses, jurors, a judge, and tainly misdirected, effort. And I join plain to me how this amendment costs the common law of 200 or 250 years al- with my colleagues over here and some a penny? Better yet, will someone ex- most inevitably results in just results. over here in urging a ‘‘no’’ vote. plain to the 103 children who were mo- And now we have a situation, despite Mr. CONYERS. Mr. Chairman, I ask lested by a Delaware pediatrician that that commitment to free market that if the distinguished gentleman from Il- Washington wants to make it easier for we have, where we’re now proposing linois (Mr. JOHNSON) would like addi- sexual predators to evade justice? that the Federal Government dictate tional time. If he requires any, I would My friends, differentiating between an imprimatur to override this whole be glad to arrange to yield him further medical errors and intentional harm is system that’s already in place and I time. not some wild and crazy new idea being think infringes on our constitutional If you require more time, I would be pedaled by the left. Many States—blue right to a trial by jury. delighted to yield it to you. States, red States, and in between— It also strikes, I think, Mr. Chairman Mr. JOHNSON of Illinois. You are limit malpractice awards but make dis- and Members of the House, what we very kind to do that, Mr. CONYERS. tinctions for intentional torts.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3893 The majority could have considered mamma and my grandmamma, as I was How much is vision worth? How my small change and protected the growing up, used to say that’s wrong to much is the ability to see? How much commonsense State laws that are al- say that someone is lying. Don’t say is that worth? $250,000, under this legis- ready on the books. Instead, under the that. You say that they’re telling a lation. 112th Congress, relentless partisanship story. So I grew up plagued with the If you become paralyzed at the hands has poisoned this well and impeded our guilt that comes from calling some- of a negligent health care provider, can ability to write good laws. Perhaps, body a liar. I still have that sense of no longer walk, how much is that Mr. Chairman, perhaps the reason shame associated with that word worth? $250,000. Americans are so disenchanted with ‘‘liar.’’ These caps hurt the most vulnerable Congress is because they know that it I’m not here to accuse anybody of among us: children, senior citizens, and doesn’t have to be this way. lying, but I will say that H.R. 5, the so- working poor. They can’t even recover I urge my colleagues to vote ‘‘no’’ on called Protecting Access to Healthcare for economic losses such as lost wages. this legislation. Act, is a story, is premised on the story They may not be working. A child Mr. SMITH of Texas. Mr. Chairman, I that runaway frivolous lawsuits, med- doesn’t work. A child left with no arms yield myself such time as I may con- ical malpractice lawsuits are a major is limited in noneconomic damages to sume. cause of driving the cost of medical $250,000. He’s got to roll with that for Mr. Chairman, lawsuit abuse drives care through the roof. That’s not true. the rest of his life—$250,000. It’s not doctors out of their practices. There’s a This bill restricts a patient’s ability right. well-documented record of doctors to recover compensation for damages Medical malpractice is about real leaving the practice of medicine and of caused by medical negligence, defective people with real injuries. The Institute hospitals shutting down, particularly products, and irresponsible insurance of Medicine estimates that 98,000 peo- practices that have high liability expo- companies. It also sets a cap of $250,000 ple die each year in the United States sure. This problem has been particu- for noneconomic compensatory dam- from preventable medical errors. Tort larly acute in the fields of OB/GYN and ages which are awarded to victims for reform proposals, such as H.R. 5, fail to trauma care as well as in rural areas. emotional pain and suffering, physical address the deaths and injuries associ- The absence of doctors in vital prac- impairment and disfigurement. ated with preventable medical errors I’m so sorry to have not had this pho- tice areas is, at best, an inconvenience; every year. tograph blown up. It’s a photo of Caro- at worst, it can have deadly con- Now, this, H.R. 5, is an unholy alli- line Palmer of Marietta, Georgia. Ms. sequences. Hundreds or even thousands ance between two stories: the one story Palmer was in an automobile accident of patients may die annually due to a which I just outlined to you and the back on March 23, 2007. She sustained lack of doctors. other story being the repeal of the 15- two broken legs, a broken shoulder, According to one State study, 38 per- person Independent Payment Advisory abrasions on her arms, and a collapsed cent of physicians have reduced the Board, also known as IPAB, which was lung. While she was at the hospital, number of higher-risk procedures they created under RomneyCare. Oops, I recuperating, they noticed that her left provide, and 28 percent have reduced mean ObamaCare. Oops, I mean, the hand was swollen, dusky blue, and cool the number of higher-risk patients Affordable Care Act. to the touch. But after so noting on her Now, while I do believe that there are they serve, all out of fear of liability. medical record, the doctor left work some good reasons to be opposed to the The American College of Obstetri- that day, and no further action was IPAB and to vote to abolish it—I be- cians and Gynecologists has concluded taken about that. That was a clear sign lieve there are some good reasons for that: that blood was not flowing to that limb that—the rationing of medical care is The current legal environment continues and that something was wrong. not one of them. Anyone who says that to deprive women of all ages, especially preg- nant women, of their most educated and ex- b 1930 this IPAB board has the power to cut perienced women’s health care providers. the benefits paid to Medicare recipi- Nothing was done. No followup. The ents has either not read the bill or is A study from Northwestern Univer- next day they found that the IV line telling you a story. sity School of Medicine polled resi- had been misplaced in her arm, and Just for the record, I want to read 42 dents and found that many wished to they referred her in for some treat- U.S.C. section G, 1395kkk. I’m not leave the State to avoid its hostile ments to try to reinvigorate the cir- going to comment on the kkk right malpractice environment. The study culation in that arm, and there was now, but that’s the subsection of the concluded that: nothing they could do. subsection of 42 U.S.C. where the law Approximately one-half of graduating Illi- They tried everything. They even that was passed, RomneyCare—I mean nois residents and fellows are leaving the subjected Caroline to a procedure on ObamaCare, I mean Affordable Health State to practice. The medical malpractice both arms to relieve the pressure and liability environment is a major consider- Care Act—is stated, the law, 42 U.S.C., treat the loss of circulation by pro- and it says: ation for those that plan to leave Illinois to ducing a large gaping hole in both The proposal shall not include any rec- practice. arms, and that procedure failed. Where- Without a uniform law to control ommendation to ration health care, raise upon, she then was subjected to the revenues or Medicare beneficiary premiums health care costs, many States will cutting off of her left arm and the cut- under section 1818, 1818A, or 1839, increase continue to suffer under doctor short- ting off of her right arm. Medicare beneficiary cost-sharing (including ages. Now, we’ve talked a lot about, well, deductibles, coinsurance, and copayments), Mr. Chairman, I reserve the balance how much is a leg worth? How much is or otherwise restrict benefits or modify eli- of my time. a leg worth when you lose a leg? Well, gibility criteria. Mr. CONYERS. Mr. Chairman, I am how much are two legs worth? How That is what ObamaCare, pleased now to yield as much time as much are two arms worth? RomneyCare—I mean the Affordable he may consume to the distinguished This picture shows Caroline Palmer Health Care Act—provides for. That’s gentleman from Georgia (Mr. JOHN- in this horrendous state; and under this the law. Anybody who tells you other- SON), a member of the House Judiciary amendment, under this bill, H.R. 5, this wise is telling you a story. Committee. woman, this victim, would be limited Going back to the first story, I really Mr. JOHNSON of Georgia. Today, Mr. to $250,000 for her pain and suffering oppose it for the reasons that I’ve pre- Chairman, I rise in opposition to this and disfigurement, and that’s not viously stated. This bill is another ex- harmful bill, H.R. 5, the so-called Pro- right. ample of the Republican majority tecting Access to Healthcare Act. How do you put a cap on someone’s bringing a partisan bill to the House Now, this bill is premised upon what pain and suffering? How heartless is it floor that has virtually no chance of I would call a story, because that’s to cap noneconomic damages when one becoming a law. H.R. 5 does not create what my mamma used to tell me. My has lost a limb? becomes blind? any jobs or grow the economy. It’s a

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3894 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 slap in the face, also, of states’ rights— Mr. JOHNSON of Georgia. Will the for someone who has an incapacity, an something we’ve heard—that the other gentleman yield? inability to access a normal home. side has depended on for a long time, Mr. GINGREY of Georgia. I will be So, the gentleman, just like the gen- states’ rights, the 10th Amendment. glad to yield to my friend. tleman from Iowa, the plaintiff’s attor- H.R. 5, ladies and gentlemen, denies Mr. JOHNSON of Georgia. I certainly ney that spoke on the floor earlier in States their right to have their own don’t want to misstate what actually regard to misleading statements, to tort laws. The State of Georgia, for in- happened, and I think I said that it’s suggest that in this legislation we stance, in its constitution, says that my understanding that that meeting would take away the ability of a person all citizens are entitled to a jury trial. was held. That’s the information that I like Ms. Palmer of Marietta, Georgia, The legislature imposed a $350,000 cap received. for a full and complete redress of griev- on noneconomic damages in medical Mr. GINGREY of Georgia. Reclaim- ances if a medical practitioner or a fa- malpractice and other cases. The case ing my time, and he did say that. He cility has performed below the stand- went up to the Georgia Supreme Court, said it was his understanding. He didn’t ard of care for that local community— which ruled that to limit noneconomic say it was a matter of fact. I appreciate my colleague, the chairman of the Ju- damages deprives one of their constitu- that comment. diciary Committee, the distinguished tional right to a jury trial. This bill, But another thing, Mr. Chairman, chairman, gave me some statistics in H.R. 5, would do away with what the that I want to address, he named regard to some of the economic losses Georgia Supreme Court has ruled inso- names. I think the lady’s name was Ms. that people have incurred and judg- far as Georgia law is concerned. It’s a Palmer of Marietta, Georgia. I live in ments that have been awarded by a gross overstepping of Federal legisla- Marietta, Georgia, and have for the jury of their peers. tion into the affairs of the State, and I last 36 years. I represent Marietta, Listen to this, Mr. Chairman. In Au- oppose it. Georgia, in the 11th Congressional Dis- gust of 2010, Contra Costa County, a I understand that there was a meet- trict and have for the last 91⁄2 years. judgment for $5,500,000. These are Cali- ing yesterday, a specially called meet- The description of this unfortunate fornia cases, by the way, Mr. Chair- ing that Majority Leader ERIC CANTOR soul’s injuries and the things that hap- man. It’s California law that H.R. 5 is called of the Tea Party Republican pened to her, the broken bones, the col- based on. MICRA passed back in 1975. Caucus to kind of tighten some screws lapsed lung, the lack of blood flow to But these are cases in 2010. This one and twist some arms to get the caucus the extremities because of an improper in February 2010, Riverside County, to go along with H.R. 5 so that no one placement of an intravenous line, $16,500,000; November, 2009, Los Angeles would get embarrassed. Now, we’ve yet maybe instead of in a vein in an artery, County, $5 million; October, 2009, Sac- to see what will happen, but I believe that resulted in amputations of her ramento County, $5,750,000. I will go that all of the Tea Party Republicans upper extremities. When the general down to the last one, although there will fall into line and vote in favor of public hears stuff like that, Mr. Chair- are several others on the list. July, H.R. 5, which has absolutely no chance man, they’re horrified. 2007, Los Angeles County, an award of of passing once it goes to the other To think that we on this side of the $96,400,000. This, Mr. Chairman, is in body. aisle with H.R. 5, the HEALTH Act, 2007. MICRA was passed in 1975. b 1940 which is part of the PATH Act that we This case in 2007, this plaintiff may I want to thank the ranking member are discussing on the floor today, to have been awarded $250,000 non- of the Judiciary Committee, JOHN CON- suggest that a person that suffers like economic because there was a cap. But YERS, for giving me this time. that could only recover $250,000 in non- the cap is there not to deny them their Mr. SMITH of Texas. Mr. Chairman, I compensatory pain and suffering is ab- day in court, their ability to be judged am pleased to yield such time as he solutely untrue. by a jury of their peers and a decision may require to the gentleman from The gentleman, my friend from made in regard to just compensation. Georgia, Dr. GINGREY, who happens to DeKalb, is an attorney. He knows the There are 21 members of the House be the sponsor of the legislation we’re legal system. He’s been in the court- GOP Doctors Caucus. It includes 16 considering tonight, the HEALTH Act. room. I’m not sure whether he’s tried physicians, a psychologist, several den- Mr. GINGREY of Georgia. Mr. Chair- on the side of the plaintiff or the de- tists, several registered nurses. I’ll man, I thank the chairman of the Judi- fense in regard to medical malpractice guarantee you, Mr. Chairman, in every ciary Committee for yielding to me cases, but he clearly knows the dif- one of these cases I mentioned coming and the opportunity to follow directly ference in noneconomic pain and suf- out of California, we would be sitting my colleague from Georgia on the fering in regard to this particular bill, there fighting for those plaintiffs. other side of the aisle. and, on the other hand, recovery for se- Maybe even a witness for the plaintiff, A number of things were said. I feel vere losses, medical compensation, loss for Mrs. Palmer, to say the sky is the grateful to have the opportunity to ad- of wages, loss of extremities, what this limit, and, Mr. Plaintiff’s Attorney, dress those. poor soul suffered. you tack on every economic cost that One of the comments that the gen- Let me just read, Mr. Chairman, this you can dream up, and we’ll vote in tleman made, the gentleman is my comment: Nothing in the HEALTH Act favor of it. good friend, and he would agree with denies injured plaintiffs the ability to But what we are opposed to, Mr. that. But in regard to this emergency obtain adequate redress, including Chairman, is this opportunity for peo- caucus meeting with the Tea Party compensation for 100 percent of their ple to come in to court and clog up the Caucus on the Republican side with our economic loss. Essentially, anything to court system and crowd out Mrs. Palm- majority leader, ERIC CANTOR, I am an which a receipt can be attached. Be- er and maybe many of these cases from original member of the Tea Party Cau- lieve me, the plaintiff’s attorney will California with frivolous lawsuits cus in the House of Representatives. If attach every receipt, including the where there is no justification for the there had been any emergency-called medical costs, the cost of pain relief claim, where people are just hoping meeting, Mr. Chairman, I can assure medication, their loss of wages, their with a lottery mentality that some you that I would have been right there future lost wages, rehabilitation costs, sympathetic jury will just simply say, with MICHELE BACHMANN and STEVE and any other economic out-of-pocket Oh, gosh, we know there’s no damage KING and others, the 20 of us that were loss suffered as a result of a health care here. But after all, the doctor has $10 original members of the House GOP injury. million worth of insurance. It’s not Tea Party Caucus. There was no such Economic damages include anything coming out of his pocket. Let’s award meeting. whose value can be quantified, includ- the plaintiff $6 million or $8 million Let me refute that statement, al- ing lost wages, home services, au pair, worth of noneconomic pain and suf- though I greatly respect my friend companion to go shopping, medical fering—if you want to call it that—in from Georgia, from DeKalb. costs, rehabilitation of a home, access damages.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.001 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3895 b 1950 see the patient and to tell her that constituents have been kind enough to That’s the thing that’s got to stop. he’ll be around that afternoon to check give me time here to have gone That’s what’s causing the price of on her. The doctor says, sure, I’ll be through these debates over and over health care to rise astronomically. glad to. again. Let me just say very quickly: I That’s why doctors are ordering all of He peeks his head in the door and am glad the Affordable Care Act is in these unnecessary tests and practicing Mrs. Jones said, I’m fine. place, because what we’re celebrating Okay. Your doctor will be around defensive medicine. Every time a pa- today, as we talk about H.R. 5, is that this afternoon to check on you. tient comes to the emergency room women will not be dropped from insur- Things go to heck in a hand basket. ance when they get sick or pregnant; with a headache, even though the doc- The operating physician maybe has tor is skilled in physical diagnosis, in insurance companies will not require practiced below the standard of care. women to obtain preauthorization for taking a history, and can examine that But that doctor that covered, that patient and look in their eyes, making referral for access to an OB/GYN; mil- peeked in the door, that really had lions of older women with chronic con- sure there is no bulge of the pupils or nothing to do with the case, surely, as the optic discs, they know that patient ditions will not be banned from care; Mr. CONYERS knows, will be named in has a tension headache. They know it’s 279,000 constituents in the 18th Con- the lawsuit. And if he or she happens to gressional District will have improved perfectly safe to send him or her home have the deepest pockets under the with a prescription to return in 24 employee health care; 187,000 uninsured current law, they could be liable for in the 18th Congressional District will hours. But, no, because of these frivo- the entire judgment; whereas the doc- lous lawsuits, they’re going to order a now have access to health care; and my tor who practiced below the standard hospitals, my public hospitals, my CAT scan that costs $1,500. You mul- of care, who has a shallow pocket, tiple that time and time and time Texas Children’s Hospital, St. Luke’s, would get off scot-free. Methodist, Ben Taub, M.D. Anderson again, that’s what this is all about. I yield back to my friend, and I That’s the problem we’re trying to will be able to secure compensation in thank you for the opportunity. uncompensated care. I celebrate the solve. The Acting CHAIR (Mr. NUGENT). The Affordable Care Act. For my friend from DeKalb—and he time of the gentleman from Michigan But today we’re discussing legisla- is my great friend—or my friend from has expired. Iowa or, indeed, the former Speaker, Mr. CONYERS. I yield myself an ad- tion that has already received a veto the minority leader, Ms. PELOSI, to ditional minute, and I thank Dr. notice from the President, but we’re here on the floor of the House dis- come to the floor and very eloquently— GINGREY for his response. and she is eloquent and speaks with a I ask the author of this bill, H.R. 5, if cussing H.R. 5 and ignoring the fact lot of passion, great ability, a great the answer to my question of whether that the Affordable Care Act has al- communicator—but to mislead is H.R. 5 eliminates joint and several li- ready confirmed health care is vital to downright wrong. ability for both economic and non- America, and we in the Congress must The truth needs no adjectives, Mr. economic damages is ‘‘yes’’? protect it. Chairman. The truth is what is in the Mr. GINGREY of Georgia. The an- By the way, the Affordable Care Act PATH Act, H.R. 5. And I say to my col- swer is ‘‘yes.’’ is a preserver of Medicare and leagues: We need to pass this and do Mr. CONYERS. I thank the gen- strengthens Medicare. this in a bipartisan way and not worry tleman very much. b 2000 here about what’s going to happen in Mr. Chairman, I am now pleased to the Senate. Let’s do the right thing in yield as much time as she may con- But let me tell you what we are fac- the House of Representatives, and let’s sume to the gentlewoman from Hous- ing with this legislation that is an- chored with the component dealing do the people’s work. ton, Texas, Ms. SHEILA JACKSON LEE. Mr. CONYERS. Mr. Chairman, I yield Ms. JACKSON LEE of Texas. Let me with medical malpractice. We have myself 1 minute to ask my friend and thank the ranking member and also seen documentation across States that, distinguished medical practicer and the chairman of the Judiciary Com- in fact, medical malpractice is an in- Member of Congress, Mr. GINGREY, is mittee and the leadership for giving us surance issue. And even when there is he aware that his bill, H.R. 5, elimi- the opportunity to celebrate, as we de- an attempt to, in essence, dumb down nates joint and several liability for bate H.R. 5, the Affordable Care Act, the recovery, we have seen that the in- both economic and noneconomic dam- which is 2 years in the making. surance companies do not, in essence, ages? Clearly, it speaks to where we are reward the physicians. Insurance pre- I yield to the gentleman for that pur- today. So in celebration of the Afford- miums are still high, high, high, high, pose. able Care Act, let me first of all wish it high. How do I know? You can go to the Mr. GINGREY of Georgia. I thank a happy anniversary. State of Texas and ask physicians are the gentleman for yielding. This is his Before I start on the Affordable Care their insurance premiums such that time, and I appreciate him yielding. It Act, let me indicate to my good friend they’re celebrating today. Yes, there gives me an opportunity to explain in from Georgia and the Physicians Cau- were some measured declines, but they regard to joint and several liability. cus that many of us do not take a back are paying high insurance premiums. Mr. Chairman, it’s important for our seat to our support for physicians. How Now, in the findings of H.R. 5, our colleagues on the House floor and any- can I help myself, coming from a com- friends cite the Commerce Clause and one within shouting distance to under- munity where the Texas Medical Cen- indicate that Congress has a right to stand what we’re talking about in re- ter is fighting for a permanent doctor write this bill on health care because of gard to joint and several liability. fix, which we’ve not been able to secure the Commerce Clause. As I understand Under current law, anyone who is from this Congress, and as well, being a it, many are pursuing the challenge of named as a defendant in a medical mal- champion of physician-owned hos- the Affordable Care Act, suggesting we practice suit is liable for whatever pitals. Because I do believe that physi- had no authority. But in their own bill, judgment is rendered. It matters not cians have a high level, an acuteness of the findings cite interstate commerce how much they participate in the case. their concern for their patient. Maybe as the basis of writing this bill. But Let me give my good friend from it is also because in the last decade I’ve there are some friends over there that Michigan, the ranking member of the had to tend to ailing parents, both of just caught it, and one of the amend- Judiciary Committee, an example. Of whom I lost, and have seen doctors up ments from another gentleman from course he knows this. Let’s say it’s an close and personal dealing with one of Georgia strikes the findings. This is a OB/GYN case and the surgeon who has the most difficult times in any child’s case of ‘‘have your cake and eat it too’’ done a hysterectomy on Friday is life. because they know that tort law has, going to church on Sunday morning This is not about a fight of one side for a long time, been the prerogative of and asks his colleague to stop by and or another regarding doctors, and my States.

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Mr. Chairman, I nomic innovation to take its course and those who were blatant in their neg- yield 2 minutes to the gentleman from raise living standards throughout the Na- ligence, no way of dealing in a punitive Georgia (Mr. GINGREY). tion. manner to prevent these kinds of acts Mr. GINGREY of Georgia. Mr. Chair- So the President agrees that tort law from happening and recognizing the man, I appreciate Chairman SMITH drives the negligent out of the arena. loss of limbs of someone who may have yielding to me. And, of course, with He then goes on to say, as he put to- been unemployed. great hesitation do I rise, because the gether this task force: My friends cannot have it both ways, gentlewoman who just spoke was re- To be sure, much tort law would remain to that is, challenging the Affordable Care cently rated one of the most eloquent, be reformed by the 50 States, not the Federal Act because they say that interstate if not the most eloquent, Members of Government. And in our Federal system of commerce does not allow us to do good, this body. government, this is only right. but yet coming back in their findings But even though she is eloquent, So my friends cannot deny that H.R. to suggest they have the upper hand. with all due respect, I think she is 5 implodes State law. It takes away the Well, I’m going to join my friend on wrong. And with regard to the issue of authority of States. And removing it the other side of the aisle, Mr. JOHN- the Commerce Clause and the issue of by some late amendment is not going SON, on states’ rights. Today, on H.R. 5, the Affordable Care Act, PPACA, and to make it right. You are going to vio- you literally quash and extinguish as is sometimes referred to, and not late the rights of Colorado, Florida, Il- states’ rights; and in the course of really pejoratively—if successful, it linois, Maryland, Michigan, Texas, and doing so, you quash the rights of in- will be his legacy—ObamaCare. West Virginia that have enacted their jured patients, for those that Ronald b 2010 own medical malpractice damage caps. Reagan said to get negligence out of You are going to implode the rights of the marketplace, out of the way of This bill, Mr. Chairman, was created Connecticut, Iowa, New York, Oregon, those who need care so that the good by forcing individuals to engage in and Tennessee that have expressly cho- can rise up. commerce; that is, to purchase health sen not to limit. And in this bill, if you So I would make the argument that insurance, under the penalty or a tax— have not limited it, then you are we’re now debating in a conflicted I’m not sure from day to day how capped. In this bill, you rid the rights manner. I don’t know what the posi- they’re going to describe it, but with- of those States that have not capped, tions of Republicans are. They want to out question that’s not constitutional. and the flexibility only comes if you get rid of the Affordable Care Act, And I expect maybe it will be a 5–4 de- have capped and it is higher than what which was premised on interstate com- cision in June of the Supreme Court, we have, and you obliterate constitu- merce, the authority of Congress. They but maybe 9–0, because that is clearly tional State law that has its own caps. come right back at our 2-year anniver- unconstitutional. It is not applicable So this is not as black-and-white as sary, celebrating people who are living under the Commerce Clause to force my good friends would like to make it. because of the Affordable Care Act, and people to engage in commerce. The We are riding in on the high horse, and now want to place their hat on doing Constitution says to regulate inter- we are not? this on interstate commerce. I want to state commerce. For example, in my State of Texas, know where all the states’ rights advo- Of course, that is very much applica- on May 29, 2010, Connie Spears went to cates are and why you are abolishing ble in H.R. 5, in the Medical Liability a hospital reporting excruciating leg and eliminating constitutional State Reform Act. Because when you have a pain. This was all too familiar due to law, why you are eliminating statutory situation in health care where there is her previous blood clots. The emer- law where individual States have ex- no provision for certain medical spe- gency room doctor ran tests and dis- pressed their will. cialties in a high-risk area like neuro- charged her with a bilateral leg pain. I believe this bill, along with the surgery, obstetrics and gynecology, But what really happened is that she component that wants to dash the Af- cardiovascular surgery, where babies had blood clots around a vein filter. fordable Care Act, is a bill destined for have to be delivered beside the road. She got kidney failure. She went un- the President’s veto. But more impor- The Acting CHAIR. The time of the conscious. To save her life, two legs tantly, let me try to understand how gentleman has expired. were amputated. There was definitive we can have our good friends on the Mr. SMITH of Texas. I yield the gen- negligence. And it is important to note other side of the aisle have their cake tleman 2 additional minutes. that she sits today with no legs. and eat it too. Mr. GINGREY of Georgia. I thank What we are suggesting is that we I’m celebrating with the celebratory the gentleman for yielding. are now intruding into State law, that cake of the Affordable Care Act. I don’t But clearly the gentlelady from this individual now, under Federal law, mind celebrating this Congress’ right Texas—and I think she knows this. loses noneconomic damages for pain to help save lives. Texas has enacted tort reform. They and suffering and the extent of the neg- How do you put a bill on the floor of have caps that are different in fact ligence that was promoted and, as well, the House where you have argued that than originally existed in California 35 faces a Federal hard hat to prevent her there is no right for us to be involved years ago. The result in Texas, if all of from having relief. Now, this is in the in health care, and now you want to my colleagues from Texas on this side State of Texas, and we have tort law dash the rights of those who have been of the aisle are truthful with me, is reform that many oppose, but it is a injured through interstate commerce that the problem in Texas has sta- State decision. and the Congress of the United States bilized. Physicians are coming back to I offered an amendment that would of America? Frankly, the complexity Texas. There’s no shortage of special- have carved out an exemption for of your argument is such that it makes ists because of the law that was passed health care lawsuits for serious and ir- no sense; and, frankly, I hope that my in Texas. reversible injury, supported by two of colleagues will join me and applaud the And I want to point out to the gen- my colleagues, Congressman HANK Affordable Care Act, celebrate the ex- tlewoman, too, that in this bill there is JOHNSON and Mr. QUIGLEY. It exempted panded life that we have provided, and a provision called flexi-caps that basi- victims of malpractice that resulted in also recognize that those individuals cally says whatever a State does pre- irreversible injury, including loss of who seek remedy in the marketplace, empts Federal law in regard to caps on limbs and loss of reproductive ability, who have been injured by negligence noneconomic, as well as contingency

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fees for plaintiffs’ attorneys, or any Mr. SMITH of Texas. Mr. Chairman, I of the Judiciary Committee, MAXINE other provision of the law. State law yield 4 minutes to the gentleman from WATERS of California. prevails if they address that either be- Arizona (Mr. QUAYLE), who is an active Ms. WATERS. Thank you very much, fore this bill is passed or after the bill member of the Judiciary Committee. Mr. CONYERS, former chair of the Judi- is passed. Mr. QUAYLE. I thank the gentleman ciary Committee, ranking member, and Ms. JACKSON LEE of Texas. Will the for yielding and for his work on this a gentleman who has provided superb gentleman yield? important piece of legislation. leadership in opposition to H.R. 5. Mr. GINGREY. The gentlelady is elo- Mr. Chairman, I rise in support of Mr. Chairman, I rise in strong opposi- quent but she’s wrong on this issue, H.R. 5, the PATH Act, because our tion to H.R. 5, poorly titled Protecting and I will yield to her. country is in urgent need of medical Access to Healthcare, the so-called Ms. JACKSON LEE of Texas. Dr. malpractice reform. Currently, we have PATH Act, an unconstitutional, Big GINGREY, thank you for your kindness a jackpot justice system that is not Government bill that violates the 10th and your kind words. I would say that based in reality, and it’s badly dam- Amendment and states’ rights. rather than being wrong, we disagree. aging our country’s health care sys- b 2020 But what I would say is, if you do not tem. Profiteering attorneys know this. have a cap, then this bill will supersede And that’s why the number of mal- At the very start of the 112th Con- the laws in States that say they have practice suits has been precipitously gress, my colleagues on the opposite no caps. And the only thing I would rising year after year. side of the aisle declared that all busi- conclude on is that your bill is pre- Back in the 1960s, one out of seven ness conducted in the House would be mised, even though you’re citing the physicians would have had a mal- consistent with the Constitution. Yet individual mandate—and we can quar- practice claim over their entire life- if you read the constitutional author- rel about that as to whether or not it time. Today, it’s one in seven physi- ity statement attached to H.R. 5, the is a forced-upon mandate or whether cians are sued each year. That is an as- Republican sponsors seem to believe there are options of that individual tronomical jump in the number of that the Commerce Clause magically having employer-based insurance, et claims that are being put on doctors. creates a path for Congress to mandate cetera—but it is premised on interstate And the doctors are now being forced nationwide caps on punitive damages commerce. And therefore you have an out of the profession even when they in all medical malpractice lawsuits. amendment being offered by one of haven’t done anything wrong. The The Republicans are telling all Ameri- your members to strike that. cans, no matter how severe the injury The Acting CHAIR. The time of the practice of defensive medicine is harm- ing the quality of care and pushing up or egregious the mistake by the doctor, gentleman has expired. hospital or drug manufacturer, that Mr. CONYERS. Mr. Chair, I yield the costs. The enormous expense of ensur- ing a doctor against liability is making their losses are going to be capped at gentlelady 1 additional minute. $250,000. Ms. JACKSON LEE of Texas. I thank health care inflation much worse, not to mention the fact that the current And with all due respect to the gen- the gentleman. tleman from Georgia, Representative The premise of this bill is interstate system is damaging the doctor-patient relationship. It damages it in a way be- GINGREY, who introduced H.R. 5, even commerce, which in the initial argu- his own State supreme court has found ments being made by my friends on the cause every doctor has to see every interaction with the patient as a po- caps on punitive damages to be uncon- other side of the aisle, they argued vig- stitutional. In 2010, the Georgia su- orously that we couldn’t even do tential lawsuit. That is not what the doctor-patient relationship should be preme court unanimously struck down health care under this premise, even limits on jury awards in medical mal- though we have Medicare. The premise built on. It should be built on mutual respect and trust. And until we have practice cases. The Georgia court de- you have in this bill is under interstate termined that a $350,000 cap on non- commerce. But you have an amend- something that actually addresses the medical malpractice problems that we economic damages violates the right to ment that is seeking to strike your a jury trial as guaranteed under the findings because you were caught with have and we get the reforms that are much needed, that actual relationship Georgia Constitution. a conflict between dealing with this Section 110(a) of H.R. 5 would impose question congressionally, which we’re is never going to improve. So I urge the House to pass the PATH an even lower cap on damages in Geor- saying is legitimate from the perspec- gia, effectively overturning the court’s tive of the Affordable Care Act—you’re Act because it will do two vital things to get health care costs under control: decision by an act of Congress. The sec- trying to use it now—but you realize tion reads: that there are Members who are now First, it would eliminate ObamaCare’s Independent Payment Advisory Board The provisions governing health care law- arguing the question of states’ rights. suits set forth in this Act preempt, subject We have existing State law on tort and thereby keep a board of unelected, to subsections (b) and (c), State law to the reform—hundreds of years of tort re- unaccountable bureaucrats from re- extent that State law prevents the applica- form—and you’re trying to abolish it, stricting senior access to health care. tion of any provisions of law established by and with this added legislation on med- It also brings medical malpractice law- or under this Act. ical malpractice you’re now trying to suits under control by capping non- In addition to Georgia, other States supersede existing State law. economic damages and limiting attor- like Arizona, Pennsylvania, Wyoming The Acting CHAIR. The time of the neys’ fees so more money will actually and Kentucky whose State constitu- gentlewoman has expired. go to the victims rather than over- tions specifically prohibit damage limi- Mr. CONYERS. I yield the gentlelady zealous trial lawyers. tations will have their constitutions 1 additional minute. These reforms will save taxpayers overruled by Congress. Ms. JACKSON LEE of Texas. Where over $40 billion over the next decade. For Members who have for years now the amounts of moneys are not capped, Everyone knows that we need to do questioned the constitutionality of the where there are no caps, this bill places something about rising health care Affordable Care Act, you need but take the $250,000 in. If there are no caps. costs, and this bill and taking care of a look at H.R. 5. H.R. 5 goes far beyond That is an overriding of State law. No the medical malpractice problems that anything passed by the Democratic matter how you cut it, it’s an over- we have will go a long way in getting majority. If you don’t believe me, just riding of State law enforcement. And those costs under control. This bill will listen to Tea Party Nation founder you can’t have your cake and eat it, give every Member of this House the Judson Phillips. In slamming H.R. 5 he too. I’m willing to celebrate the Af- opportunity to be part of the solution. wrote: fordable Care Act and eat the cake be- I urge my colleagues to vote ‘‘yes’’ Whether you think tort reform is a good cause it saves lives. But what you’re on H.R. 5. idea or not, it is an issue that belongs to the doing here now is not. You’re over- Mr. CONYERS. I yield such time as States, not to the Federal Government. Tort riding State laws. Many States. she may consume to a senior member law has always been governed by the States.

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Now, I didn’t say that, Mr. CONYERS manufacturers if their products have put the facts forward in such a way didn’t say that, and Ms. JACKSON LEE been approved by the FDA or are ‘‘gen- that we’re going to win on this issue. I didn’t say that. None of those who have erally recognized as safe and effec- ask you to oppose H.R. 5. been over here this evening opposing tive.’’ MICRA does not provide this Mr. SMITH of Texas. Mr. Chairman, I H.R. 5 and laying out the facts and the kind of sweeping immunity for the yield such time as he may consume to consequences of H.R. 5 said this. Let drug industry. the gentleman from Georgia, Dr. me repeat. I am quoting Tea Party Na- H.R. 5 caps noneconomic damages at GINGREY. tion founder Judson Phillips: $250,000 in the aggregate, no matter b 2030 how many parties have been damaged Whether you think tort reform is a good Mr. GINGREY of Georgia. Mr. Chair- idea or not, it is an issue that belongs to the by medical malpractice, even when an man, I thank Chairman SMITH for States, not to the Federal Government. Tort injury results in loss of a marital rela- law has always been governed by the States. yielding to me. tionship. California law recognizes a As good a communicator as the gen- Even some of my Republican col- separate claim for loss of consortium— tlewoman from California is, I would be leagues on the Judiciary Committee claims brought by the spouse of an in- quick to state that she is not the Great have expressed concerns. Congressman jured patient. MICRA does not limit Communicator. The Great Communi- POE, Republican from Texas said: these claims. cator, of course, was President Ronald I believe that each individual State should Joint and several liability, which my Reagan. allow the people of that State to decide—not leader asked you about, Mr. GINGREY, The gentlewoman from California the Federal Government. If the people of a enables an individual to bring one talked about comments that were particular State don’t want liability caps, claim against any of the parties in- made on my side of the aisle, members that’s their prerogative under the 10th volved in a medical malpractice injury Amendment. of the Judiciary Committee, and and ensures that injured victims are named a couple of Members on my side Well, let’s listen to what Congress- fully compensated. H.R. 5 completely of the aisle that were concerned about man LOUIE GOHMERT, Republican of eliminates joint liability for both eco- federalism and the 10th Amendment Texas, said: nomic and noneconomic losses. Cali- and states’ rights. I just want to re- The right of the States for self-determina- fornia law only limits joint liability mind her that, at least from our per- tion is enshrined in the 10th Amendment. I for noneconomic damages. spective—and the gentlewoman may am reticent to support Congress imposing its H.R. 5 and MICRA are alike in one not agree with this at all—but from will on the States by dictating new State main respect—by themselves, neither law in their own State courts. our perspective on this side of the law can deliver on lower medical mal- aisle, the Great Communicator was To my conservative colleagues in practice insurance premiums. President Ronald Reagan. this Chamber, don’t be tricked. Don’t H.R. 5 includes unprecedented legal In a speech in 1986 to the U.S. Cham- be fooled. H.R. 5, simply and clearly protections for the insurance industry, ber of Commerce, after a commission put, violates states’ rights. Reject this but no guarantee that any future sav- had reported to him on this issue of unconstitutional piece of legislation, ings will be passed onto doctors or pa- medical liability reform and the need protect States’ constitutional rights to tients. for same, the President very clearly set tort law and just vote ‘‘no’’ on H.R. Following the passage of MICRA, in- outlined almost the identical provi- 5. surance premiums for doctors in- sions that are part of MICRA, the Med- Now, let me just wrap this up by say- creased in California by 450 percent ical Injury Compensation Reform Act, ing that the gentleman from Georgia over the next 13 years. Premiums only that was passed in his State that he referred over and over again, con- decreased after California enacted governed for 8 years, the great State of stantly, this evening about frivolous Proposition 103, a ballot initiative that California. So, again, the gentlelady Californians. And he talked about mandated a 20 percent rollback in pre- makes her points well; but, quite hon- these juries who didn’t take into con- mium rates. I was in the California leg- estly, I think there’s a bit of embellish- sideration the facts on these negligence islature when that happened. ment on their side of the aisle. cases, but rather looked at the insur- H.R. 5 does not guarantee lower pre- Who do you trust? The gentleman ance and said, oh, just give them what- mium rates for doctors. In fact, the bill from Arizona (Mr. QUAYLE) just spoke ever, they didn’t care. Well, I came to only mentions insurance companies moments ago, Mr. Chairman, about defend California and to tell you the when giving them protection from li- who do we trust. Well, right above you, difference between what happened in ability. as you sit there, first of all, ‘‘In God tort reform in California and what you So, again, I say, don’t be fooled, don’t We Trust.’’ In mom and dad we trust. have been told by the gentleman from be tricked. I don’t really mean to In Dr. Bailey, Augusta, Georgia, we Georgia. imply, Mr. GINGREY, that you are try- trust. In uncle we trust, but that’s way Supporters of H.R. 5 claim that it is ing to fool or trick anybody, but you’re down the line, way down the line. the same as MICRA, a medical mal- simply wrong. We have given our oppo- I think our colleagues on the other practice liability law passed in Cali- sition in more ways than one this side of the aisle think that Big Govern- fornia in 1975. H.R. 5 is far different evening to H.R. 5. But since you al- ment should control everything, that from MICRA, except that neither law luded to or talked about or pointed di- they should make the decisions. That’s delivered on lower insurance pre- rectly to California and all of these where ObamaCare came from. To do it, miums. The differences are clear: people who simply have frivolous law- they had to proffer a 2,800-page bill H.R. 5 applies damage caps in all suits and these poor juries who sit and that is clearly unconstitutional. ‘‘health care lawsuits,’’ including cases don’t take into consideration the facts H.R. 5 is not unconstitutional. You against drug companies, nursing and simply look at how much insur- look at article I, section 8, clause 3, the homes, insurance companies and ance is available and just award these Commerce Clause, and clearly it’s con- HMOs. MICRA only applies to mal- tremendous amounts, I had to add to stitutional. Requiring someone, forcing practice cases against a doctor or a my testimony this evening a defense someone to engage in commerce, in- hospital. and an explanation and show the dif- deed, to purchase health insurance Punitive damages are reserved for ference between MICRA and H.R. 5. under the penalty of a tax is unconsti- only the most egregious medical mal- I think I have done that, and I think tutional, and that will be determined practice; they are meant to deter fu- I have done that with the facts that by the Supreme Court. ture dangerous conduct. H.R. 5 limits exist. I am very pleased that I have Mr. CONYERS. Mr. Chairman, we punitive damages. MICRA does not cap been able to join with my colleagues have no further requests for time. With punitive damages. this evening to not only reveal what the agreement of the chairman of the H.R. 5 gives total immunity from pu- H.R. 5 is and is not, but I think we have committee, I would like to close at this nitive damages to drug and device made the case. I think that we have point.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3899 Mr. SMITH of Texas. Mr. Chairman, reason, sir, I am urging all of our col- The liability reforms contained in we have no other speakers as well, and leagues to consider this one point that the HEALTH Act will do these things: I am prepared to close on this side. I make tonight, as I close, as to be con- lead to a significant savings in health The Acting CHAIR. The Chair recog- trolling in their decision that they will care expenses, reduce the practice of nizes the gentleman from Michigan. make as we vote tomorrow on this bill. defensive medicine, halt the departure Mr. CONYERS. I’d like to thank all I thank all of the Members that have of doctors from high-litigation States of the Members on both sides of the joined in this debate this evening. and medical specialties, improve access aisle that have participated in this im- Mr. Chairman, I yield back the bal- to health care, and increase the afford- portant debate. There has been a lot of ance of my time. ability of health insurance. Also, ac- clarity, even though there has been a Mr. SMITH of Texas. Mr. Chairman, I cording to the Congressional Budget great difference in opinion. yield myself the balance of my time. Office, this legislation will reduce the I return the balance of my time with Mr. Chairman, I just want to reem- Federal deficit by more than $45 billion this thought in mind, that even though phasize again that, under this bill, over the next 10 years. This is a signifi- awards are possible that far exceed the the author of this bill is a well-re- cant savings in a time of escalating $250,000 cap in noneconomic damages. garded medical practitioner and a dis- deficits and debt. tinguished Member of the body, he is a That’s because under the economic We’ve seen the positive effects that damages provision, there is simply no doctor, but he is not a lawyer. similar medical liability reforms have cap. As a result of that, States like I commend him on the fact that he had at the State level. Reforms in California and Texas, which have agreed with the statement that to me States like California and Texas have adopted reforms very similar to the re- determines a lot of people’s point of enhanced patient care, reduced doctor forms in this particular piece of legis- view about this very controversial bill shortages, and decreased cost. It’s time lation, there have been numerous that is now before the floor, H.R. 5. for Congress to enact these reforms for awards of multimillion dollars awarded That is, he agreed and answered in the the benefit of all Americans. affirmative that H.R. 5 eliminates joint to individuals who have been injured. Mr. Chairman, before I yield back the and several liability for economic, non- b 2040 balance of my time, I’d like to thank economic, and punitive damages. To So even though we had that $250,000 the gentleman from Georgia, Dr. me, with all the cases that have been of noneconomic cap, that is not an abso- GINGREY, who has spoken so well so human suffering, of injury to women lute cap on the awards that have been many times tonight, for introducing and children, of how wrong it would be made. this piece of legislation that is going to to limit all of these kinds of damages A minute ago, Dr. GINGREY men- help so many people across America. to $250,000 in this 21st century is an in- tioned that in California, for example, With that, I yield back the balance of sult to common sense and fair play. several years ago, I believe it was 2007, my time. Mr. GINGREY of Georgia. Will the there was a $96 million award. And in Ms. SCHWARTZ. Mr. Chair, I rise in opposi- ranking member yield? the last year for which we have tion to the bill before us. Mr. CONYERS. I will yield to the records, in 2010, there were awards, I H.R. 452, the Medicare Decisions Account- gentleman. think, for over $6 million, over $10 mil- ability Act, had clear bipartisan support. Mr. GINGREY of Georgia. I appre- lion, over $14 million. So an individual As a co-sponsor, I am deeply disappointed ciate very much you yielding to me for is able to be reimbursed for the costs by Republicans’ decision to link this legislation that, because clarification needs to be and the injuries that that individual to an unrelated and partisan issue. This rule made. may have incurred. ensured that repealing IPAB would not be You’re suggesting that what I said Mr. Chairman, I also want to say given serious consideration in the House. was there would be a limitation of that America’s medical liability sys- My support for IPAB repeal reflects my con- $250,000 because of the elimination of tem increases the cost of health care fidence in and commitment to Medicare pay- joint and several liability. That’s not and decreases access to care as doctors ment and delivery system reforms in the Af- true at all. Whatever the judgment is, abandon their practices and avoid high- fordable Care Act that will improve quality, in- the $250,000 in noneconomic, the $10 risk specialties out of fear of being crease efficiency and care coordination, and million in economic, would be appor- sued. Medical liability reform, this bill not only save lives but reduce costs. tioned to the defendants in proportion tonight will solve this problem. IPAB is not a ‘‘death panel’’ or a ‘‘rationing to their liability. That’s what the According to the Journal of the board.’’ IPAB is simply the wrong approach to elimination of joint and several liabil- American College of Surgeons, 5 years the right goal. ity means, eliminating this deep-pock- after tort reform legislation passed in Abdicating responsibility for legislating et mentality of plaintiff’s attorneys. my home State of Texas, the number of sound health care policy, whether to an Mr. CONYERS. Well, through the physicians in the State increased by 24 unelected commission or private insurers, un- Chairman, I accept the comments of percent. That is twice the rate of dermines our ability to represent the needs of the gentleman from Georgia. I assume growth in population over the same pe- our constituents. that his response to my question ear- riod of time. Other States have seen Republicans have once again demonstrated lier is still ‘‘yes.’’ If that is the case, similar results. that political showmanship trumps legitimate then all I can say is that I think there But most States have not enacted concerns expressed by seniors and the med- are very few people in the Federal leg- meaningful reforms and, as a result, ical community. islature or among our citizenry who frivolous lawsuits have created a med- Linking IPAB repeal to tort reform—an unre- would say that there should not be an ical liability crisis. This crisis has lated, divisive, and polarizing issue—has unlimited amount of recovery. The forced women to drive great distances brought what was once a bipartisan effort to a gentleman must have some feeling for to deliver their babies because their screeching halt. the fact that $250,000 for the rest of the local hospital doesn’t have an OB–GYN. I urge my colleagues to vote against this person’s life, if they lose arms or legs, It has resulted in those who need partisan stunt and put our Nation’s seniors eyes, it’s just unacceptable. I won’t say complicated procedures being placed on first. that it’s immoral, but it’s unfair. waiting lists for months because the Mr. FITZPATRICK. Mr. Chair, over the It’s my hope that most of our col- only available specialist has too many course of the last 2 years since the President leagues, as we continue this debate to- patients who seek care, and it has signed the so called Affordable Care Act into morrow, will realize that that is the caused accident victims to lose their law, bipartisan opposition to many portions of fatal flaw in a bill that may have some lives because their local emergency this legislation has steadily grown in this justification in other parts of it, but room no longer has a trauma center. Chamber. that limitation of damages cannot be America’s broken medical liability sys- I have called for a full repeal of the law, rationalized nor justified by the collec- tem has caused patients to lose access however, it is vital that the most damaging tive body of this legislature. For that to high-quality health services. sections be repealed here and now. One of

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00063 Fmt 0688 Sfmt 9920 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3900 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 the most clearly flawed aspects of the Afford- counter the costs of IPAB repeal without in- chamber. H.R. 5 does nothing to benefit the able Care Act is the creation of the Inde- jecting scorched earth partisan politics. For ex- American people, nor does this Act do any- pendent Payment Advisory Board. ample, MedPAC has recommended rescinding thing to protect access to healthcare as its As the House puts forward ideas to protect duplicative bonus payments to private insur- name declares. and save Medicare, the Administration has de- ance providers that administer Medicare Ad- Even worse, this misguided legislation is cided it can better serve seniors by cutting vantage plans, which have historically been being considered during the same week we Medicare by more than $575 billion to create overpaid by 14 percent. At the very least, this are celebrating the second anniversary of the a panel of unelected, unaccountable Wash- option provides a more tempered approach to Affordable Care Act (ACA). I am unbelievably ington bureaucrats tasked with cutting Medi- offset H.R. 452 and build an honest con- proud of that fact that the bill I authored has care even further. sensus on repealing IPAB. guaranteed that 105 million Americans no More than 230 of my colleagues in the Despite my long-standing support for the re- longer face lifetime limits on their insurance, 2 House and over 380 groups representing doc- peal of IPAB, I cannot support H.R. 5 as pre- million young adults are now insured under tors, patients and employers have joined us in sented to the House today. It is my sincere their parents’ plans, and seniors no longer find opposition to the IPAB. I urge the Senate and hope that this chamber can debate the repeal themselves lost in the ‘‘coverage gap’’ and President to stand with us against this over- of IPAB through a more measured, balanced, lacking access to prescription drugs. With all reach of government power and pass the Pro- and reasonable approach in the future. of these tangible, quantifiable benefits, why tecting Access to Healthcare Act. Mr. CROWLEY. Mr. Chair, today, the House are my colleagues on the other side of the Mr. COURTNEY. Mr. Chair, since 1965, is considering legislation that would repeal the aisle spending their time attempting to dis- Medicare has provided seniors guaranteed Independent Payment Advisory Board, or mantle a law that is already being imple- health benefits and today, close to 50 million IPAB. To be clear, I am not a big fan of mented? Why do they spend their time trying Americans who have paid into the system now IPAB—I had concerns with this new entity to chip away at it piece by piece when they rely on the program for care. While the pro- when it was first being discussed, and I re- could be working on legislation that would gram’s sustainability is stronger than in recent main concerned with it today. benefit their constituents? Working to repeal past, this Congress, like those before it, has I do find it interesting, however, that my col- the Independent Payment Advisory Board an obligation to ensure sustainability of the leagues on the other side of the aisle are sud- (IPAB) and not even bothering to come up program for current enrollees and future bene- denly so troubled about IPAB’s effect on Medi- with any sort of replacement seems dubious ficiaries. The Independent Payment Advisory care, when their plan to end Medicare is so and makes no sense to me. But then again, Board, IPAB, was created with this objective in much worse. I am just a poor, Polish lawyer from Detroit. mind. However, despite best intentions, I be- I fear that today’s floor action is less about Not only are my Republican friends attempt- lieve that IPAB is the wrong approach to a real concern for seniors, hospitals and phy- ing to repeal IPAB, they have added it to their achieve this shared goal. sicians in the Medicare program, and more medical malpractice legislation, H.R. 5, which Relinquishing control of Medicare provider about trying to win a battle in the war against contains provisions that they have brought reimbursements to an unelected IPAB is prob- health insurance reform. time and again to this floor, failing every time. lematic to me for a number of reasons. Con- They have shown with their words and their Each time they resurrect the same language. gress has helped shape a Medicare system actions, even down to their choice of offsets, In doing so, they do not demonstrate genuine that reflects unique care needs of varying de- that this yet another political exercise. interest in legislating on behalf of the Amer- mographics as well as differences between re- But that is a game that I refuse to play. Our ican people. The Republicans know the Sen- gions and states. Further, this system has seniors deserve real answers and real solu- ate will not vote for such a bill. Nor will I. I will been developed with transparency and ac- tions, not yet another repeal-but-not-replace not approve a bill that caps non-economic countability in congressional debates. Imple- attempt. medical malpractice damages at $250,000. menting IPAB would limit the strengths of the So even though I don’t think that IPAB is Apparently, this is the price the Republicans current system, and would continue a trend of the best answer to strengthening Medicare, I put on a lifetime of physical impairment, pain, ceding congressional authority to the Execu- can’t in good conscience vote for this bill, at suffering and even wrongful death. tive branch. This is, in part, why I cosponsored this time, with this kind of clear and blatant po- I know our medical malpractice system the Medicare Decisions Accountability Act, litical agenda at the core of this debate. needs improvement. If only my Republican H.R. 452, legislation to repeal IPAB. What we need is a real, substantive discus- friends would come to me with a third way, a The fact is that the Affordable Care Act will sion about solutions to keep Medicare costs, new fair and workable way, to approach this contain spending growth in the Medicare pro- and medical malpractice costs as well, under problem. I would be more than happy to work gram—independent of proposed IPAB re- control for the long term. But with today’s floor with them on a bipartisan basis, which this forms—through integrated and coordinated action, these needed discussions are too likely Congress so desperately needs right now. care models and modest reimbursement to get lost in a sea of shouting. But, until that time, I am forced to vote changes. The Congressional Budget Office, And that’s not what we need right now. against this piece of legislation. I will not ap- CBO, estimates that the law will slow annual If my colleagues on the other side of the prove of a bill that rehashes the same old Medicare growth from seven to four percent aisle want to work with us to address the con- medical malpractice language. I will not vote over the next decade. And, over the past year, cerns that many of us have with IPAB, to for a bill that attempts to wear down bits of the the S&P has measured the lowest rate of make changes, then I’m willing to meet them Affordable Care Act. If they had their way, the growth in the history of Medicare—below three halfway. Republicans would repeal the entire ACA, and percent. But if they want to blame the Affordable take away insurance from over 30 million Today, the House considered legislation to Care Act for everything wrong in the world, Americans. Instead, we are busy granting in- repeal IPAB, a goal that I support. Unfortu- even when it has controlled costs so well that surance coverage to 17 million children with nately, a calculated choice to polarize the vote IPAB won’t even come into play for years to pre-existing conditions. by incorporating the HEALTH Act (H.R. 5)—an come, and even when it has given millions of Mr. DUNCAN of Tennessee. Mr. Chair, I am unrelated and divisive bill—emphasizes the American families control back over their caught between a rock and a hard place on cynical gamesmanship of Republican leader- health care, I can’t join them in these political this bill. I spoke and voted against the health ship who clearly are not interested in forging attacks. care bill that is most frequently referred to as a partisan coalition to repeal IPAB. The So I have to oppose passage of this bill ‘‘ObamaCare.’’ HEALTH Act, in part, limits intentional torts or today. I am strongly opposed to this Independent cases where harm is deliberate. A recent case Mr. DINGELL. Mr. Chair, the people have Payment Advisory Board, which many see as in Connecticut, which involved victims of sex- sent us up here to legislate and pass laws that being a major step towards rationing of med- ual assault, underscores the harm in these re- will benefit and protect the American public ical care. strictions. Under H.R. 5, these victims would and move our country forward. It is more than I strongly favor protecting access to be denied their day in court. disheartening, it is shameful that once again healthcare which is the title of H.R. 5. Over the next ten years, Medicare will cost we find ourselves here today wasting time to However, legislators have been talking between $8 trillion and $9 trillion and there are vote on a piece of partisan, Republican legis- about $250,000 caps probably since the late a whole host of offsets which would easily lation that has no hope of moving beyond this 1970s, if not earlier.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0688 Sfmt 9920 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3901 I can assure you that $250,000 in the 70s The Affordable Care Act is designed to fix shared with me today is that the Affordable is far more than $250,000 today. so many of the things that ail our health care Care Act has made a positive difference in the Secondly, it does not seem fair to me to tell system and burden everyday families. The lives of so many. all of my constituents—or at least more than new law has already had a major impact on Given how much the Affordable Care Act is 99 percent—that they can be sued for every- families in Hawaii. already helping Hawaii, it is unfortunate that thing they have, but we are going to limit suits Senior citizens in Hawaii now have some re- some in Congress want to repeal it. Because against this one small, privileged segment of lief from the high cost of prescription drugs. In they can’t repeal the law all at once, they have our society. 2010, over 24,000 people with Medicare in continued to try to de-fund the law or repeal I have great admiration and respect for phy- Hawaii received tax rebates to cover prescrip- one piece at a time. sicians, but I also believe they should not be tion drug costs. Today we’re seeing another example of this, placed on a pedestal way above everyone One senior from Waimea on Hawaii Island with H.R. 5. This bill would repeal the law’s else. told me her $250 Medicare rebate check was Independent Payment Advisory Board, also Third, every trial judge sits as a 13th juror ‘‘a blessing’’ in these tough economic times. known as the IPAB. and can set aside or reduce a ridiculous or She was able to use that money to pay for her This board is a panel of experts that will unjust judgment. If the trial judge does not act, other medical bills. make recommendations so taxpayers aren’t then there are courts of appeal. There are In 2011, more than 21,000 people in Hawaii paying for unnecessary Medicare procedures. safeguards throughout the system, and most with Medicare saved close to $7 million on This will save taxpayers billions of dollars, really excessive judgments have been re- prescription drugs. The ‘‘donut hole’’ gap in while protecting Medicare patients. The board versed in some way by a trial court or at a coverage will be closed by 2020. would not be allowed to recommend any cuts higher level. to reimbursement rates that ration or harm pa- Fourth, USA Today published a box 4 or 5 A mother in Kailua told me that because of the Affordable Care Act, she could now add tient care. Congress would vote on the board’s years ago which showed that for the then recommendations, or come up with an alter- most recent five-year period, medical mal- her 21 year-old son and 24 year-old daughter to her work-sponsored insurance plan. native that reduces cost growth by more. practice judgments had gone up only 1.8 per- In fact, because the Affordable Care Act has cent while medical malpractice premiums had These are just two of the over 5,000 Hawaii young adults who can now stay on their par- already reduced the growth in Medicare costs, gone up 131 percent. the Board’s recommendations wouldn’t even A few big insurance companies have given ents’ plan until age 26. This Kailua family is now using the thousands of dollars saved on be triggered until 2022 at the earliest. the public a very false impression of what is I have heard from some medical providers health insurance each year for other house- really happening in the courts so that they can in Hawaii who are worried the IPAB will rec- hold needs, including paying down past med- impose very exorbitant rate increases. ommend cuts to their specialty. These pro- Last, some members, including me, believe ical debt. viders say they might choose not to see Medi- The old saying is true, that ‘‘an ounce of that this should be handled by the states care patients. I can understand their concerns, prevention is worth a pound of cure.’’ Preven- under our Constitution and that this mal- but here’s the thing: Medicare costs are going practice part of the bill goes against the spirit tive services like mammograms, up partly because of expensive and some- and intent of our tenth amendment. colonoscopies, and wellness visits can detect times unnecessary procedures. Most members Mr. FITZPATRICK. Mr. Chair, over the problems early and prevent higher costs later. of Congress aren’t scientists or health care re- course of the last two years since the Presi- Thanks to the Affordable Care Act, nearly all searchers, so a panel of experts would be bet- dent signed the Affordable Care Act into law, 210,000 Hawaii people with Medicare can now ter suited to use the best research to rec- bipartisan opposition to many portions of this get preventive services without a co-pay or ommend reforms. I will vote against a bill to legislation has steadily grown in this chamber. deductible. In addition, 240,000 people in Ha- repeal IPAB that doesn’t put a better system Today, the House of Representatives waii with private insurance are now eligible for passed the Protecting Access to Healthcare in its place. preventive services—including women’s health Unfortunately, this week the House Majority Act as part of a deliberate, transparent, and services such as domestic violence screenings released a budget plan (the Ryan Budget) that comprehensive plan to fix America’s broken and contraception—without a co-pay or de- and expensive health insurance system. would end the Medicare guarantee for our ductible. seniors. The Ryan Budget would again turn While I favor a full repeal of the Affordable The Hawaii Prepaid Health Care Act already Care Act, this effort represents removal of the Medicare into a voucher system where seniors covers employees who work for more than 20 would have to purchase private plans. Private most harmful provisions of President Obama’s hours per week. As a result, a large percent- flawed law. The PATH Act does this by enact- plans could deny and delay coverage, without age of our people can get the healthcare they Medicare’s consumer protections our seniors ing much needed medical malpractice tort re- need to stay healthy. We have a low rate of form to reduce healthcare costs and it repeals get today. Last year’s House budget tried this uninsured. And that saves all of us money. President Obama’s unaccountable Inde- same plan, and the Congressional Budget Of- This is why I fought hard to preserve the pendent Payment Advisory Board, IPAB, fice said it would increase costs to people on Hawaii Prepaid Health Care Act in the House which would limit Medicare patient access to Medicare by $6,000 per person starting in bill. I offered an amendment to preserve Ha- health care services. 2022. As the House puts forward ideas to protect waii’s law and defended my amendment in The bill we’re voting on today, H.R. 5, also and save Medicare, the Administration has de- committee, convincing my colleagues to sup- recycles an old misguided proposal for med- cided it can better serve seniors by cutting port my amendment. Then, all of us in the del- ical negligence reform. Someone who is benefits for seniors by more than $575 billion, egation worked together to make sure the final harmed by misconduct by a health profes- and creating a panel of unelected, unaccount- Affordable Care Act law maintained Hawaii’s sional should not be barred from appropriate able Washington bureaucrats tasked with cut- law. compensation for a permanent disability or ting Medicare even further. Because of Hawaii’s Prepaid Health Care loss of a loved one. More than 230 of my colleagues in the Act, most employers in Hawaii already provide The reality is that most medical providers House from both parties and over 380 groups health coverage. The Affordable Care Act are doing the right thing. A small percentage representing doctors, patients and employers makes it easier for Hawaii small businesses of doctors are responsible for over half the have joined us in opposition to the IPAB. by providing tax rebates to help pay for health medical malpractice cases. We shouldn’t be I urge the Senate and President to stand care costs. Nearly 29,000 Hawaii businesses protecting this minority of providers over the with us against this overreach of government are eligible for tax credits under the law. rights of patients injured through these pro- power and make the Protecting Access to Today I also met with leaders from eight of viders’ negligence. Today’s bill would deny Healthcare Act law. Congress must work to re- Hawaii’s Community Health Centers. The Af- justice to those who have been harmed by a form health care in a way that reduces costs fordable Care Act helps fund these 73 health small number of medical providers. for both patients and providers while pre- center sites that serve our highest-need rural Today’s bill, H.R. 5, would also hurt states’ serving the quality of care that Americans de- and underserved communities, especially on rights by preempting state medical malpractice serve. the Neighbor Islands and rural Oahu. These laws. A cap on damages for physical impair- Ms. HIRONO. Mr. Chair, this week we cele- health centers care for over 130,000 people ment, pain, suffering, and even death could brate the 2nd anniversary of the Affordable and provide nearly 1,300 jobs throughout the not exceed $250,000, regardless of individual Care Act. state. The message these health leaders states’ existing limits.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00065 Fmt 0688 Sfmt 9920 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3902 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 Today’s bill also extends far beyond medical state commerce or it doesn’t. Which is of The bill before us today is not new; in fact, malpractice. It would also apply to limit pa- course the impetus for the amendment offered it was first introduced in 2005. As written, the tients’ rights in all ‘‘health care lawsuits,’’ by my colleague from Georgia. What a di- HEALTH Act would severely limit the ability of which could include cases against pharma- lemma to find oneself in? Trying to gut the Af- injured patients and their families to hold ceutical and medical device manufacturers, fordable Healthcare Act, but using the precise health care and medical products providers nursing homes, HMOs, insurance companies, argument supporting Congress’ power to regu- accountable. and hospitals. late. The bill is so broadly drafted that it would While proponents of medical malpractice re- While the U.S. Constitution and Supreme also limit remedies against the for-profit nurs- form argue that frivolous lawsuits are driving Court interpretations do not identify a constitu- ing home, insurance and pharmaceutical in- up insurance premiums, the fact is, economic tional right to health care for those who cannot dustries, and even against doctors who com- studies have shown that medical malpractice afford it, Congress has enacted numerous mit intentional torts, such as sexual abuse. payouts are not the cause of higher premiums statutes, such as Medicare, Medicaid, and the Let’s take a look at the collateral source rule for consumers. Instead, premium increases Children’s Health Insurance Program, that es- which is the common-law rule that allows an are caused by other factors, such as too little tablish and define specific statutory rights of injured party to recover damages from the de- competition in the private insurance market. individuals to receive health care services fendant even if he is also entitled to receive I urge my colleagues to reject H.R. 5. from the government. them from a third party. Common third parties, On the second anniversary of the Affordable As a major component of many health care that is, collateral sources, include a health in- Care Act, we should be fighting to make entitlement statutes, Congress has provided surance company, an employer, or the gov- healthcare more accessible for our people, not funding to pay for the health services provided ernment. less. under law. To abolish the collateral source rule would Mahalo nui loa (thank you very much). The Commerce Clause of the U.S. Constitu- be to allow or require courts to reduce dam- Ms. JACKSON LEE of Texas. Mr. Chair, tion empowers Congress ‘‘to regulate Com- ages by amounts a plaintiff receives or is enti- today we again are considering H.R. 5, the merce with foreign Nations, and among the tled to receive from collateral sources. ‘‘Help Accessible, Efficient, Low-cost, Timely several States, and with the Indian Tribes.’’ But there is a reason that the common law Healthcare (HEALTH) Act.’’ This bill is in- The Supreme Court developed an expansive adopted it: it is preferable for the victim rather tended to change what some of my colleagues view of the Commerce Clause relatively early than the wrongdoer to profit from the victim’s on the right believe to be a broken medical in the history of judicial review. prudence, for example buying health insur- malpractice liability system. This power has been cited as the constitu- ance or the good fortune in having some other Quite paradoxically, many supporters of tional basis for a significant portion of the laws collateral source available. H.R. 5 are vocal opponents of the recently passed by the Congress over the last 50 One commentator has also noted that, when passed health-related federal law, the Afford- years, and it currently represents one of the the collateral source is the government, and able Care Act, whose anniversary we cele- broadest bases for the exercise of congres- the benefit it provides are future services, brate here tonight. It must be stated that many sional powers. such as physical therapy, there is no guar- Americans celebrate with us and dine in good The Supreme Court accords considerable antee that it will provide such services for as health—thankful that this Congress came to- deference to a legislative decision by Con- long as they are needed, as government pro- gether to pass health care 2 years ago. gress that a particular health care spending grams may be cut back. Foes of healthcare reform claim that the program provides for the general welfare. Moreover, I don’t many people willing to lit- Commerce Clause of the U.S. Constitution, If enacted, H.R. 5 would, among other erally give an arm or leg for cash, but acci- which gives the Federal Government some things, cap the noneconomic damages that a dents happen due to negligence. Awards authority over states, was abused to pass the plaintiff in a health care lawsuit could recover. serve to educate the public but also serve the healthcare law. Under the rules of this Con- It would also preempt existing State laws on added purpose of providing a disincentive for gress, House sponsors of any bill must explain proportionate liability, allow courts to reduce bad actors. Congress’ constitutional authority to pass it. contingent fees, and abolish the collateral There are a number of reasons why this bill Rather ironically, H.R. 5’s sponsor, Rep- source rule. is flawed though, and not just the collateral resentative PHIL GINGREY (R–GA), cites the Studies and empirical research have shown source rule. Its scope is extremely broad and Commerce Clause as he tries to enact sweep- that caps diminish access to the courts for low encompasses much more than necessary to ing legislation that would completely overhaul wage earners, like the elderly, children and simply protect doctors from high insurance State tort law and undermine hundreds of women. In fact, the American Bar Association premiums. It contains a sweeping preemption years of precedent. has studied this issue for over 30 years. of state law. It reduces the statute of limita- Yet, for my colleague, Mr. GINGREY, his If economic damages are minor and non- tions on malpractice claims. statement represents a complete reversal from economic damages are capped, attorneys are It severely restricts contingency fees, dis- his position on the Affordable Care Act, which less likely to represent these potential plain- couraging lawyers from taking on malpractices he has called ‘‘the government takeover of our tiffs. And frankly Mr. Chair, many of these cases. And it essentially strips victims of the healthcare system.’’ plaintiffs are not very likely to be able to afford right to bring a claim against drug and medical Which might explain why my colleague Mr. access to legal services. The equal scales of device manufacturers. WOODALL from Georgia submitted an 11th justice would be tipped. According to a November 2010 study by the hour amendment during the Rules Committee Those affected by caps on damages are the Office of Inspector General of the U.S. Depart- Hearing on the rule for H.R. 5, striking the patients who have been most severely injured ment of Health and Human Services about 1 Commerce Clause mention from this bill. by the negligence of others. These patients in 7 patients experience a medical error, 44 The Woodall Amendment struck almost two should not be told that, due to an arbitrary percent of which are preventable. pages from their bill—and reading it I can see limit, they will be deprived of the compensa- These errors cost Medicare $4.4 billion an- why. It reads: tion determined by a fair and impartial jury. nually. U.S. Dept. of HHS, Office of the In- EFFECT ON INTERSTATE COMMERCE.—Con- The courts already possess and exercise spector General, ‘‘Adverse Events in Hos- gress finds that the health care and insur- their powers of remittitur to set aside exces- pitals: National Incidence Among Medicare ance industries are industries affecting sive verdicts, and that is the appropriate solu- Beneficiaries’’ (November 2010.) interstate commerce and the health care li- ability litigation systems existing through- tion rather than an arbitrary cap. Let the courts AMENDMENT: EXEMPTION FOR IRREVERSIBLE INJURY out the United States are activities that af- and judges do their jobs and judge. Because this bill is so overbroad, I intro- fect interstate commerce by contributing to While the system may need some tweaks to duced an amendment in the Rules Committee the high costs of health care and premiums help control ballooning medical malpractice in- Hearing on H.R. 5, with my colleagues, Con- for health care liability insurance purchased surance premiums paid by doctors, it is imper- gressmen QUIGLEY and HANK JOHNSON, which by health care system providers. ative that as we make changes, we are careful would have helped to close the wide gaps cre- This sounds strikingly similar to the argu- not to remove incentive for doctors to perform ated by this bill. ments being advanced against the Affordable their duties at the highest standard. We must My amendment carved out an exemption for Healthcare Act. You cannot have your cake not leave victims of malpractice without viable healthcare lawsuits for serious and irreversible and eat it too. Either health care affects inter- recourse. injury. This would have exempted victims of

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As a result of the neg- damage caps further weakens future deterrent including loss of limbs and loss of reproductive ligence of those emergency room doctors, Ms. effects while further reducing benefits to in- ability, from the $250,000 cap that H.R. 5 im- McCreedy went from a hard working, finan- jured parties. poses on non-economic damages. cially secure mother and homeowner, to dodg- According to the Institute of Medicine, ap- As individuals who are blessed to have all ing creditors and nearly losing her home to proximately 98,000 people die each year in of our limbs and use of all of our senses, it is foreclosure. the United States from preventable medical er- difficult to understand how challenging day-to- For victims of malpractice who have suf- rors. The best way to lessen healthcare costs day life can be for someone who lacks these fered irreversible injury, like Connie Spears associated with malpractice is to reduce inci- things. and Jennifer McCreedy, it is impossible to put dents of malpractice, not bargain away the However, it is nearly impossible to imagine a price tag on the stress and pain and suf- legal rights of injured patients and consumers. the stress and challenges faced by someone fering they have already endured. This bill does nothing to address patient safe- who has suffered irreversible bodily injury be- Furthermore, it is outrageous that we would ty, quality measurement, and care improve- cause of the negligence of another. attempt to pass a law that puts a cap on the ment strategies that could actually reduce Imagine going to the hospital for minor pain future challenges they are sure to face. It is in- costs. and leaving with no limbs because of thought- human to neglect the emotional price paid by Mr. Chair, H.R. 5 will not do anything to less mistakes made by the trained experts victims of egregious acts that result in such lower the cost of health care. If the compensa- who are supposed to take care of you. serious, irreparable harm. tion for injured patients is not sufficient, Amer- For Connie Spears, a Texas woman from We should not deprive patients who have ican tax payers will be left to pick up the tab. Judiciary Chairman SMITH’s district, this exact suffered injury as a result of one of these I urge my colleagues to consider very carefully nightmare is a reality. As a patient who had drugs or devices of the right to receive com- who will end up paying at the end of the day. dealt with blood clots in the past, and had a pensation from the manufacturer or distributor Mr. PASCRELL. Mr. Chair, I rise today in filter installed in one of her heart’s main arte- of such. reluctant, but strong, opposition to this bill. I ries, Ms. Spears went into a San Antonio hos- As we strive to become a healthier, more say reluctant, because I support repealing the pital complaining of leg pain. She was made competitive nation, we need all the out- Independent Payment Advisory Board, as do to wait, eventually treated, and was dis- standing doctors, nurses and other health care many Democrats. charged. providers we can get. They must be uncon- Now, make no mistake, I strongly support However, three days later, when her legs strained by excessive health care liability pre- the Affordable Care Act. This bill will lower were the color of a cabernet and she was de- miums. We also need our nation’s students to costs, strengthen Medicare, and provide 33 lirious, she called 911. When Spears, who be excited and encouraged to enter the life million uninsured Americans with health insur- was rendered unconscious, was treated at a sciences without the fear of being crushed ance. This is a tremendous accomplishment. different hospital, they determined that the fil- under the weight of excessive liability pre- But I have concerns with IPAB, including how ter in her artery was severely clotted and had miums. it will operate and that it gives up important caused tissue death in her legs, as well as Placing caps on medical liability recovery Congressional authority over pricing. Abdi- kidney failure. Weeks later, Connie Spears re- does not necessarily lead to lower liability in- cating our responsibility is not the right thing to gained consciousness, and learned that doc- surance premiums for doctors and health care do for our seniors. I was elected by my con- tors had to amputate not one, but both of her providers. In fact, there is evidence that insur- stituents to protect Medicare. legs in order to save her life. ance companies have raised premiums in I supported this bill in the Ways and Means As a result of negligence by the emergency states like my home State of Texas and in Committee, and I would love to support it on room doctors who initially treated Ms. Spears, California which use medical liability caps to the floor. That’s why it’s so disappointing that she lost her legs, and nearly her life. To make reap an unearned profit at a time when health the majority would abandon any semblance of matters worse, when she attempted to seek care lawsuits and the damages from those compromise by attaching this sharply partisan the aid of a lawyer to handle her case, she lawsuits were declining. medical malpractice proposal. Capping mal- was unable to find an attorney to represent If it is the intention of this House to pass practice settlements limits patient protection. her. She was repeatedly told, ‘‘You have a legislation that will reform the system of med- There’s no question that we need to protect great case, but not in Texas.’’ ical malpractice liability in a sensible manner, health care providers from frivolous litigation, In 2003, state lawmakers in Texas passed then it is imperative that we strongly consider and I am willing to work in a bipartisan way to tort reform laws, similar to the one proposed the amendments offered by myself and my develop those protections. But not at the ex- today, that make it extremely difficult for pa- Democratic colleagues last night. pense of the vast majority of Americans who tients to win damages in any health care set- Let’s not send a flawed bill to the Senate. have, for too long, lived without access to af- ting, but especially emergency rooms. It caps Again, I would like to thank the Chairman fordable quality health care, and who should damages at $250,000, like H.R. 5, and re- and Ranking Member for their work on these also be afforded the fullest protection of our quires patients to prove that emergency room bills—though I hold out hope that Members of legal system. doctors acted with ‘‘willful and wanton’’ neg- the Judiciary Committee and this body could I urge a no vote and I hope that the Majority ligence—a near impossible standard to prove. come together for the good of the American comes to its sense, embraces bipartisanship, A plaintiff would essentially have to show the people. and comes back with a bill I can support. medical professional or company had a ven- Ms. EDDIE BERNICE JOHNSON of Texas. Mr. POE of Texas. Mr. Chair, ObamaCare is detta against them to recover. Mr. Chair, I rise today in opposition to H.R. 5, unconstitutional and must be repealed in its This nightmare has also become a reality legislation which makes it more difficult for in- entirety. That is why I voted for the full repeal for Jennifer McCreedy, a San Antonio single jured patients to hold medical providers, the of the President’s nationalized healthcare bill, mother who fell and severely injured her ankle drug industry, insurance companies, and nurs- including the Independent Payment Advisory and sought treatment at an emergency room. ing homes accountable for patient deaths and Board (IPAB). I have also introduced legisla- Despite the severity of the break, the bone in injuries. The so-called ‘‘Protecting Access to tion to defund the individual mandate provision her ankle was never set, a common practice Healthcare Act,’’ is simply the same, repack- of ObamaCare. Although I fully support the re- done to prevent excess swelling, and she was aged tort reform proposal that has been con- peal of IPAB and have cosponsored legislation not seen by an orthopedic surgeon. She was sidered on the House floor many times. This to repeal it (H.R. 452), I cannot support final sent home and told to wait until the swelling ‘‘medical malpractice’’ bill is a one-size-fits all, passage of H.R. 5 because the bill includes went down. anti-individual rights bill that denies individuals provisions that I believe violate States’ rights However, the swelling did not go down, and their rights to redress when injured. and the 10th Amendment. As a strict constitu- a surgery that should have only taken one The medical liability components of H.R. 5 tionalist and a fierce defender of States’ rights, hour, took four. Because of the swelling, the do little to control health care costs and do I cannot accept replacing one unconstitutional surgeon had to slice her Achilles tendon, and more to undercut the rights of patients. The law with another. wounds that refused to heal required grafts. $250,000 cap and high standard of proof for H.R. 5 imposes a Federal medical liability To date, Ms. McCreedy has endured five punitive damages would severely weaken the cap on the States. In effect, this allows the surgeries and has been rendered permanently deterrent effect that punitive damages have on Federal Government to overrule the State gov- disabled, curbing her ability to work and pro- egregious misconduct. Forever freezing the ernments that have decided to prohibit liability

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0688 Sfmt 9920 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3904 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 caps. Five States already have constitutional severity of a patient’s injury or whether neg- healthcare for Americans and I will continue to prohibitions on liability caps. I believe that ligence is at issue. push for compromise in the House of Rep- H.R. 5 will supersede these State constitutions The real problem we are facing is patient resentatives. and override the will of those legislatures. I safety. If we fix that, then there will be no Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- myself believe in medical liability caps, like we need to try and take away from the states sition to this bill because it is a misguided at- have in Texas; however, if another State’s vot- their right to legislate this issue. In a Wall tempt at scoring political point that combines ers do not want such reform, that is their deci- Street Journal article, it was found that by fo- two bad policies and puts them into one piece sion to make. And, their doctors are welcome cusing on patient safety, anesthesiologists of legislation. First, it is obvious that the to keep coming to Texas. went from being one of the most risky special- House Republican leadership has brought this Mr. SENSENBRENNER. Mr. Chair, I rise ties to insure to having one of the lowest mal- bill to the floor the day after introducing their today to recuse myself from consideration of practice insurance premiums. In fact, their pre- budget in an attempt to distract American sen- H.R. 5, the Protecting Access to Healthcare, miums are lower now than they were 20 years iors from the damaging effects it would have PATH, Act. ago. We should not focus on medical mal- on Medicare. That budget proposes to end the I have long supported medical liability re- practice tort reform, but rather education and Medicare guarantee, and shifts the rising costs form as a way to control rising health care training for medical professionals. of healthcare onto seniors and disabled indi- costs and save taxpayer money. I also have I am a strong proponent of repealing the viduals. deep concerns regarding the establishment of IPAB, but cannot in good conscience vote for Second, let’s look at the facts. Medicare the Independent Payment Advisory Board and this bill because it is not a clean repeal. costs already grow at a slower rate than the the potential it has to restrict access to health The IPAB takes away from Congress the private insurance industry. We took a huge care services. However, because of my hold- ability to determine Medicare payments to step in strengthening Medicare and the overall ings in at least two corporations that would doctors and hospitals. It consists of 15 mem- health system in the Affordable Care Act benefit directly if H.R. 5 is enacted into law, I bers who are unelected by the People, but (ACA), which includes virtually every cost con- have concerns that my involvement could rather are appointed by the President. The tainment provision recommended by health present a conflict with my private economic af- members of the IPAB are not accountable to care experts. The Independent Payment Advi- fairs. While my participation in legislative con- anyone once appointed and therefore Con- sory Board (IPAB) is simply one of the tools sideration of H.R. 5 would not appear to vio- gress loses much of the power it has to shape in the ACA to help contain costs. It is a late current House Rules and established Medicare payment policies. By repealing the failsafe provision that only comes into effect if precedent, I want to dispel any appearance of IPAB, the ACA will be strengthened, not weak- other reforms in the ACA do not contain costs conflict. I therefore recuse myself from consid- ened. or Congress chooses not to act to implement eration of this legislation. If this bill was as it was passed in both the new measures that would build upon the kind Mr. TERRY. Mr. Chair, I support full repeal Energy & Commerce and Ways & Means of changes we made in the Affordable Care of the Independent Payment Advisory Board. committees, there would be no controversy Act. Those reforms have already begun to The health reform law takes away power that from many of my colleagues on the Demo- lower Medicare growth rates to historically low has traditionally been left to Congress, and cratic side. While I supported a clean repeal of levels, which prompted the CBO to project that places health care decisions in the hands of IPAB in Energy & Commerce, I cannot support IPAB will not even become necessary until an unelected, board of bureaucrats. a bill that will have such a profoundly negative Unfortunately, the House has decided to at- sometime after 2022. impact on the 74,000 Medicare eligible con- tach a bipartisan bill to repeal the IPAB, with Everyone here knows that IPAB is prohib- legislation that is unconstitutional and I believe stituents in my district. I advise my colleagues ited by law from rationing health care, increas- a federalization of our tort reform system. This on both sides of the aisle to vote ‘‘no’’ on this ing premiums, initiating cost-sharing, and rec- is a blatant violation of Article 1, Section 8 and bill as currently written. ommending benefits cuts—and we also all Mr. ISRAEL. Mr. Chair, I rise today to speak a violation of the 10th Amendment. know that rationing by the insurance industry Tort law is an area of law traditionally left in opposition to the Protecting Access to is precisely what the Republican budget pro- completely to states discretion. In fact, it’s one Healthcare Act. poses to do. Republican attacks on IPAB are of the few rights left to the states. Most states The Protecting Access to Healthcare Act is simply a diversion from the fact that House have implemented some form of medical liabil- a wolf in sheep’s clothing. Unfortunately, this Republicans want to put insurance companies ity laws. It is not the federal government’s role bill is a blatant attempt to protect the profits of back in charge of American’s health care to say that one state’s laws are better than an- special interests and restrict the rights of pa- choices. We should not be trying to repeal other’s or even mandate one state’s beliefs on tients. The facts are right on the pages in helpful provisions of the ACA to divert atten- another. black and white. H.R. 5 reduces access to tion from the larger issue: the House Repub- Many of us believe the health reform law is courts for individuals injured by medical neg- lican budget and its attack on the Medicare a government takeover of our health care sys- ligence like removing the wrong leg, faulty guarantee. tem. If one considers themself to be a true medical devices or dangerous drugs. It im- Ms. MCCOLLUM. Mr. Chair, I rise in strong state’s rights person, why do we give states poses a one size fits all approach on the dam- opposition to H.R. 5, the so-called HEALTH the latitude and ability to do it, and then take ages in medical negligence cases and goes Act. This misguided legislation undermines it away with a one-size-fits all mandate from further than any state law in place today. Medicare, raises deficits and restricts states’ the federal government. In fact, H.R. 5 includes provisions that vio- rights. Mr. TOWNS. Mr. Chair. I rise today to ex- late States’ rights by mandating a federal cap Last year, House Republicans voted to end press my objections to the inclusion of H.R. 5, on all fifty states for medical liability. By includ- the Medicare guarantee for seniors. Fortu- the HEALTH Act into H.R. 452, Medicare De- ing this poison pill, the House Republicans nately, Senate Democrats blocked this dan- cisions Accountability Act of 2011. Medical have prevented consensus in the House on gerous proposal from becoming law. Now, malpractice tort reform does not belong as a changes to the Independent Payment Advisory House Republicans are trying again to dis- part of the repeal of the Independent Payment Board. The American people want Congress mantle the program in their fiscal year 2013 Advisory Board, or IPAB. to focus on commonsense, bipartisan legisla- budget proposal. The HEALTH Act is an inherently flawed bill tion, but the House Republicans refuse. It ap- The Republican proposal would end the that should not be considered by the House pears some Members on the other side of the Medicare guarantee by pushing future seniors and should not be included with H.R. 452. It aisle won’t stop until they abolish healthcare into the private insurance market with a does not fix the problem of medical mal- for all people, and especially low-income indi- voucher that fails to keep up with the rising practice or the supposed insurance ‘‘crisis’’. viduals, women and seniors. They can try to costs of health care. According to the non- Instead, it takes control away from the states, hide behind any piece of legislation they want, partisan Congressional Budget Office, the Re- where it belongs. This legislation was origi- but they can’t hide from the facts: their goal is publican voucher proposal could force future nally conceived over 20 years ago and has yet to end the Medicare guarantee and increase seniors to pay $6,400 more for health care to pass both houses. There is a reason for costs for seniors. every year. Republicans claim that shifting ris- that. I will continue to urge my Republican col- ing health care costs onto future seniors will The cap imposed by H.R. 5 is both unjust leagues to stop their war on women and sen- save billions of dollars. What do House Re- and unfair. It does not take into account the iors, I will continue to protect quality publicans proposed do with those savings?

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House Republicans introduced H.R. 5 to dis- and the Speaker pro tempore (Mr. In addition to that, for the rest of the tract attention from their radical plans to dis- GRIFFITH of Virginia) having assumed Americans who have no health insur- mantle Medicare and give more handouts to the chair, Mr. NUGENT, Acting Chair of ance, most of them are people that ei- billionaires. the Committee of the Whole House on ther don’t get it on their job, they’re H.R. 5 repeals the Independent Payment the state of the Union, reported that not eligible, or they’re not offered Advisory Board (IPAB) created by the Afford- that Committee, having had under con- health insurance by their employer, or able Care Act. IPAB was established in the sideration the bill (H.R. 5) to improve they may be individuals who are em- new health care law to protect Medicare’s patient access to health care services ployed on their own or at home or not long-term sustainability. The Board will do this and provide improved medical care by employed in some capacity. They have by keeping program costs at a manageable reducing the excessive burden the li- a very hard time buying a health insur- level and preventing special interests from de- ability system places on the health ance policy on what we call the indi- laying implementation of reforms that strength- care delivery system, had come to no vidual market. So what the Affordable en Medicare. resolution thereon. Care Act does, it sets up exchanges in IPAB will be composed of fifteen non-polit- f every State, or throughout the coun- ical experts, including doctors, consumers and THE AFFORDABLE CARE ACT: try, where you can get a very good senior advocates recommended by Congres- KEEPING SENIORS HEALTHY package for a reasonable price, a very sional leaders, nominated by the President AND REDUCING HEALTH CARE low-cost price, and, at the same time, and confirmed by the Senate. If Medicare COSTS it provides a subsidy through tax cred- its to many Americans, depending upon costs exceed certain targets, these experts will The SPEAKER pro tempore. Under make recommendations to Congress on ways their income. the Speaker’s announced policy of Jan- We estimate for a family of four to stabilize Medicare by reforming payment uary 5, 2011, the gentleman from New and delivery systems. Congress retains the making up to $70,000 or $80,000 a year Jersey (Mr. PALLONE) is recognized for would be eligible for some sort of sub- power to reject these recommendations and 38 minutes as the designee of the mi- pass their own reforms to reduce Medicare sidy or tax credit that would make nority leader. their health insurance policy more af- spending. IPAB experts are prohibited by law Mr. PALLONE. Mr. Speaker, I don’t from recommending changes to Medicare that fordable. So essentially, what we do is, plan to use the entire time, but I come between expansion of Medicaid and the ration care, increase seniors’ costs, reduce to the floor this evening basically to subsidies, if you will, and the low-cost benefits or restrict eligibility. IPAB does not talk about the Affordable Care Act. insurances offered now on these ex- harm Medicare or seniors, but eliminating Some call it the health care reform. changes around the country, most peo- IPAB would weaken Medicare and raise the This Friday will be the second anni- ple would end up with health insur- deficit. versary of the President’s signing of ance. The Congressional Budget Office found that the Affordable Care Act, or health care Now, what I wanted to talk about repealing IPAB will add $3 billion to deficits reform, and I’d like to talk a little bit today are some of the benefits, if you over the next ten years. To offset this cost, about how it’s helping so many people will, that have already kicked in for House Republicans impose new federal rules with patient protections and added various groups of people, particularly to legal cases involving medical malpractice, benefits, whether you’re talking about seniors. I wanted to start with seniors product liability, health insurance and related seniors or young people or women or because many seniors, as you know, be- issues. The broad provisions of this bill would just the general public. cause they’re on a fixed income, have a offer new protections to drug companies, nurs- The main thing that is heralded, if hard time making ends meet. Often- ing homes, insurance companies and HMOs. you will, by the Affordable Care Act is times, they can’t afford their rent, These new restrictions would severely limit a the opportunity over the next few they can’t afford food, and for them to patient’s ability to recover damages suffered years to expand health insurance to so take extra money out of pocket to pay as a result of medical negligence, defective many Americans who do not have for health care costs is oftentimes very products or irresponsible insurance products. health insurance now. We estimate difficult, and they have to make Every year, approximately 200,000 severe there are variously between 40, maybe choices between heat or food as op- medical injuries are caused by negligence. 45 million Americans that simply have posed to health care. Only seventeen percent of these patients ever no health insurance; and what that One of the things that I really want file a malpractice claim. Patients who do seek means is they either don’t go to a doc- to stress today, because I listened in legal recourse may not obtain full and just tor or they don’t get any kind of health the last few nights, because of the an- compensation for their injuries due to the caps care unless they get very sick and end niversary of the Affordable Care Act on awards imposed by H.R. 5. up going to the emergency room. The coming up on Friday, I’ve heard some The National Conference of State Legisla- consequences of that is that they take of my colleagues on the Republican tures strongly opposes this federal mandate no preventative care. They end up in side of the aisle actually suggest that on states arguing that federal medical mal- the emergency room. Oftentimes, they somehow the Affordable Care Act was practice legislation is unnecessary. In fact, the can’t afford to pay the cost of the going to negatively impact Medicare. Congressional Budget Office analysis of H.R. emergency room, and that cost simply Nothing could be further from the 5 noted the new medical malpractice caps gets passed on to the hospital or, ulti- truth. In fact, the Affordable Care Act ‘‘might cause providers to exercise less cau- mately, to everyone else who is paying expands benefits for seniors under tion, resulting in an increase in the number of for health insurance. Medicare in many significant ways. medical injuries attributable to negligence.’’ So basically, what the Affordable But it’s particularly interesting that I urge my colleagues to reject these ex- Care Act does over the next few years I hear that from the other side of the treme and unprecedented changes mandated is try to expand insurance coverage to aisle, from the Republican side of the to state medical malpractice laws that will re- something like 98, 99 percent of all aisle this week because, on Tuesday, sult in less justice for victims, less patient Americans, taking up those 45 million the Republicans unveiled their budget safety, and less flexibility for states to make people and, for the most part, making for the next fiscal year. their own laws. sure that they have health insurance. Further, I urge my colleagues to stand up It does that in two basic ways: b 2050 for seniors and protect Medicare by opposing First of all, it expands Medicaid, Once again as they did last year in H.R. 5. which is the health insurance program last year’s budget, the Republican

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3906 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 budget this year essentially gets rid of tive care and services without any Care Act expanding benefits, making it Medicare, or what I would say ends tra- copay, coinsurance, or deductible. so seniors don’t have to pay more, and ditional Medicare. So it’s kind of Many times you will find that seniors what are the Republicans doing with strange to hear the Republicans talk won’t even access health care because their budget? They have a budget that about Medicare and the Affordable of the copay, which is about 20 percent basically says we’ll give you a voucher. Care Act since the Affordable Care Act in most cases. You go out and buy your health insur- actually expands benefits for seniors So now services like annual wellness ance. If you can’t afford it, you have to under Medicare, whereas they unveiled visits, cholesterol and other cardio- pay the difference. The basic guarantee their budget this week that actually vascular screenings, mammograms, of Medicare and a good benefit package abolishes, for all practical purposes, cervical cancer screenings, prostate simply won’t be there, and seniors will Medicare as we know it. cancer screenings are completely free just end up paying more out of pocket. What the Republican budget does, of charge to seniors. No copay. The fact Now, I wanted to talk a little bit once again, is say to seniors, Well, of the matter is that the Affordable about how the Affordable Care Act lev- we’re going to give you a voucher. Care Act expands benefits for seniors, els the field for women’s health care We’re going to give you a certain makes it so seniors pay less. because we know that traditionally in amount of money through a voucher, if More than 32.5 million seniors na- health care there has been a huge gen- you will, and you can take that and go tionwide have received one or more der gap. free preventative services, and 2.3 mil- out and buy private insurance instead A report issued this week from the lion seniors have already received a of getting the guaranteed benefit under National Women’sLaw Center shows Medicare that seniors now have. free annual wellness visit to their doc- tor, which again is a critical step in that more than 90 percent of the best The problem with a voucher is that selling health plans still charge women it’s a fixed amount of money, and it’s preventing a more serious illness be- cause if the senior citizen goes for the more than men for the same coverage not all clear that seniors can buy just because women use more health health insurance with a voucher. But annual checkup or has some of these preventative services free of charge, services. The health care law, the Af- even if they could, because it’s a fixed fordable Care Act, will prohibit this amount of money and it doesn’t in- then that avoids them having to get sicker, ending up in a nursing home or discriminatory practice, which we call crease significantly over the years, gender rating, beginning in 2014. So what you’ll find with that voucher is ending up in a hospital. The most important thing, though, that when the Affordable Care Act that more and more seniors would have in terms of expansion of benefits under fully kicks in, this gender gap will sim- to pay out of pocket either to purchase the Affordable Care Act for seniors is ply disappear. the insurance because the voucher is the closing of the Medicare part D Now, you might say to yourself, well, not enough or because they probably doughnut hole. how is that possible? It’s mainly be- can’t get a decent package equivalent Seniors before the Affordable Care cause insurers have considered millions to the Medicare guarantee, and there- Act would run out of their part D bene- of women as having what we call pre- fore would have to pay out of pocket fits on the average by September of the existing conditions. In other words, for certain costs that are not covered year. In other words, if they spent they were denied coverage or they were by the health care plan that they pur- more than $2,500 approximately on charged more for having had breast chased with the voucher. drugs, they wouldn’t get any help cancers, Cesarean-section childbirth, So it’s sort of ironic to hear the Re- under Medicare part D until they got having even been pregnant. Some poli- publicans talk about the Affordable to a higher catastrophic level of $5,000. cies would charge women more because Care Act and suggest that the Afford- So that was the doughnut hole, that they were pregnant or consider that a able Care Act should be repealed be- gap when they weren’t getting any preexisting condition. Or for being vic- cause of its impact on Medicare when money to help pay for their prescrip- tims of domestic abuse, for example. in fact they’re doing their best under tion drugs. So denying women insurance on the budget to basically end Medicare as What the Affordable Care Act does is these grounds is unconscionable, and we know it. it closes the Medicare part D doughnut thanks to the Affordable Care Act, be- Let me talk a little bit about some of hole and provides a 50 percent discount ginning in 2014, women will no longer the benefits. on brand name drugs. 3.6 million sen- I want to talk about how the Afford- be denied coverage by any insurers iors have already received the dis- based on these preexisting conditions, able Care Act helps seniors, and then a count, saving a total of $2.1 billion, little bit about how it helps women, and they can’t be charged more be- with each senior saving an average of cause of the preexisting conditions. and then a little bit about how it helps $604. Now, we’ve seen again by contrast, young people. Now, by 2020 that doughnut hole is what have the Republicans been doing? Of course, it helps everybody by sim- closed completely. Now it’s a 50 per- They say repeal the Affordable Care ply expanding health care coverage for cent discount, but gradually that will Act, which would let these preexisting those who don’t have health insurance. close by 2020 when all their drugs are conditions and this gender gap con- But the benefits, in particular, I covered and the doughnut hole ceases tinue. But beyond that, over the last want to talk about and start with sen- to exist. iors. I also want to stress that the Afford- year or so, we’ve seen the Republicans I mentioned before that no group has able Care Act has cracked down on essentially declare war on women, and been hit harder by soaring health care fraud in Medicare. In fiscal year 2011, a I just want to give you an example. costs than seniors. With the economy joint anti-Medicare fraud task force of One of the ones that has received the struggling over the last several years, the Health and Human Services De- most attention lately are these at- seniors have suffered even more as partment, Department of Justice, re- tempts by the Republicans to block ac- they’ve watched many of their pen- covered more than $4.1 billion in fraud- cess to contraception. I don’t know sions and investments dwindle, making ulent Medicare payments on behalf of how far they’re going to go in terms of the cost of addressing their health care taxpayers. denying women coverage, but that’s needs even more challenging. A lot of times, my senior citizens will one of the things that we’ve seen in the Now, as a result of the Affordable say to me well, there’s a lot of fraud in headlines for the last few months or so. Care Act, some of the financial burdens Medicare. There is. But the Affordable Let me give you some other examples plaguing seniors trying to manage Care Act has significantly cracked under the Affordable Care Act. Insur- their health care needs have been alle- down on a lot of that fraud, $4.1 billion ance companies are now prohibited viated. in fiscal year 2011. from requiring women to obtain a pre- For example, all Medicare bene- Now, I mention this again by way of authorization or referral for access to ficiaries now have access to preventa- contrast. Here we are in the Affordable OB–GYN care. Health care reform also

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3907 requires insurance plans to cover im- with a tax credit or some kind of help There are 8,000 to 35,000 children with portant preventative services, includ- from the Federal Government to pay preexisting health conditions who can ing critical immunizations, numerous for the insurance. no longer be denied coverage by health health screenings, and counseling serv- The other thing I wanted to point insurers. ices, with no cash cost-sharing by out, though—and this is really signifi- I can give you more statistics, but I women. cant because, again, it has kicked in just want to point out that these bene- Women in new private plans under and I’ve had many of my constituents fits under the Affordable Care Act are the Affordable Care Act, they provide come up to me and mention it—is that impacting constituents in every dis- free coverage of important lifesaving the Affordable Care Act requires health trict in the country, not just mine. Not preventative services. plans to allow parents to keep children only the thousands of people in my dis- But the other thing that would often under age 26 without job-based cov- trict, but all over the country, millions happen is that many health insurance erage on their family’s coverage and of people. plans have what they call lifetime dol- give millions of parents and young I just wanted to talk a little bit lar limits on health benefits so that if adults the peace of mind that they can about the cost issue, because I always a woman—this would be true for any- start their lives and careers without hear the Republicans say, Oh, your one if they have that lifetime dollar being crippled by health care expenses. costs are going to go up because of the limit in it—but oftentimes it was ap- What happens is that because of the Affordable Care Act. In fact, costs for plied to women in particular; that if economy and the difficulties we’ve had health insurance now without the Af- you spent a certain amount of money with the economy over the last few fordable Care Act have gone up, but the on your health care over your lifetime, years, a lot of kids or young adults, Affordable Care Act actually is reduc- that was it. You didn’t get any more when they graduate high school, when ing costs for health insurance. What- coverage under your plan. So that is they graduate college, are not able to ever cost increases that are being ex- also prohibited under the Affordable find a job, or while they are in college hibited now are because the Affordable Care Act. they can’t afford health insurance on Care Act hasn’t gone into effect com- Now, I just mentioned those few their own because they have to go out pletely. It kicks in gradually over the things that apply to women because and buy it on the individual market. next few years. I also hear some of my Republican there really continues to exist a gender What the Affordable Care Act says is colleagues say, Oh, your health insur- gap but that will be closed and elimi- you can be kept on your parents’ policy ance went up. That’s because it hasn’t nated under the Affordable Care Act and the insurance company has to pro- kicked in yet. Once it kicks in, there when it completely kicks in. vide that option up to the age of 26. are a lot of positive impacts on costs Now, the last group I wanted to men- That’s very significant. Millions of that will make a difference. tion just because I always felt that young people that did not have cov- Let me just talk about some of the many times in Congress we don’t pay a erage are now covered by that under statistics in terms of costs that I think lot of attention to kids, and I felt that their parents’ policy. are significant. it’s very important for us to recognize I just wanted to take a couple more Since enactment of the health care the fact that policies and the practices minutes. I wanted to give some exam- law, the reform, the ACA, premiums and the laws don’t necessarily help ples of the numbers of people in my dis- are generally lower or stable. Average children, and children are very vulner- trict, the Sixth Congressional District premiums for Medicare Advantage en- able. It’s like, the seniors are vulner- in New Jersey, that have been im- rollees are 7 percent lower in 2012 than able, the children are vulnerable. pacted in a positive way by the Afford- they were in 2011. Since the health care One of the things that’s significant able Care Act. law was enacted, these premiums have about the Affordable Care Act, it really These statistics come from my com- fallen by 16 percent. Average premiums makes a difference for children in mittee that I serve on, the Committee for Medicare part D, the prescription terms of keeping them healthy and on Energy and Commerce. And just to drug program, in 2012, have seen no in- also keeping them insured. give you some idea, in my district, in crease from the 2011 level. The Medi- the Sixth District of New Jersey: b 2100 care part B deductible has fallen by $22 6,800 young adults in the district now to $144 in 2012, the first time in Medi- And a lot of times Americans have to have health insurance that didn’t have care history that the deductible has ac- make choices with regard to their kids it before; tually fallen. For most Medicare part B about whether they can afford health 9,100 seniors in the district received enrollees, the standard part B premium care services because of the prohibitive prescription drug discounts worth $6.9 in 2012 is quite stable. It’s 3.6 percent cost of insuring children. million, an average discount of $760 per higher than the premium they paid in Under the old system, before the Af- senior. This is for their prescription 2011, matching the 3.6 percent COLA in- fordable Care Act, sick children were drug coverage; crease seniors are receiving in their often denied health coverage if their There were 63,000 seniors in the Sixth Social Security checks. parents were forced to change insur- District in New Jersey that received The growth in private plan premiums ance because they either switched or Medicare preventive services without has also slowed. In September 2011, lost their jobs. Insurance companies paying any copays, coinsurance, or Mercer, an independent benefits con- declined or dropped coverage for chil- deductibles; sulting firm, released a survey of em- dren when young adults got sick or had 31,000 children and 130,000 adults now ployers showing that health insurance an accident. That’s no longer the case. have health insurance that covers pre- premium increases will average 5.4 per- Under the Affordable Care Act, basi- ventive services without paying any cent in 2012, the smallest increase cally there is a prohibition on insurers copays, coinsurance, or deductibles; measured since 1997. Despite Repub- denying coverage of children under age There are 620 small businesses in the lican claims, the health care law has 19 for having a preexisting children. Sixth District that received tax credits played essentially no role in recent pri- Up to 17 million children with pre- to help maintain or expand health in- vate plan premium increases. In fact, existing conditions are now protected surance coverage for their employees; the premium increases have taken ef- from that type of discrimination. Cur- There have been $1.8 million in public fect only because the ACA has not fully rently, there are 7.3 million American health grants that have been given to kicked in at this point. children without any health insurance. community health centers, hospitals, There are two provisions that I want- Beginning in 2014, the law will provide doctors, and other health care pro- ed to mention that deal with cost and access to quality coverage. That’s ac- viders to improve the community’s that address cost in the Affordable complished again by expanding Med- health. Community health centers Care Act that I think are significant icaid coverage and also by providing af- have really expanded in the district be- and that put downward pressure on pre- fordable insurance on these exchanges cause of the Affordable Care Act; and miums.

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3908 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 One is the rate review, and that is, expansion of Medicaid, that I men- vouchered and as it’s privatized, as the under the health care law, there is a tioned before, under the Affordable Republicans suggest in their budget. new transparency and accountability Care Act because they assume under With that, Mr. Speaker, I yield back for insurers, with insurers being re- the budget that the Affordable Care the balance of my time. quired to publicly justify on the Inter- Act is going to be repealed. f net any premium increases they are So not only is there a negative im- THE AFFORDABLE CARE ACT: A seeking that are over 10 percent. And pact on Medicare because it becomes a REBUTTAL the Department of Health and Human voucher and essentially traditional Services has rate review authority to Medicare disappears and seniors pay The SPEAKER pro tempore. Under publicly deem these increases to be un- more out of pocket, but with regard to the Speaker’s announced policy of Jan- reasonable, and they’ve done that in a Medicaid, which pays for nursing home uary 5, 2011, the gentleman from Geor- number of States. The health care law care, the States are going to get so gia (Mr. GINGREY) is recognized for 47 also provides $250 million in health much less money that the quality of minutes as the designee of the major- care insurance rate review grants to nursing home care will seriously di- ity leader. the States to make them enforce and minish. Mr. GINGREY of Georgia. Mr. Speak- er, I thank you, and I thank the major- keep premiums down. b 2110 Finally, under the health care law, ity leader for allowing me this oppor- insurers must spend at least 80 percent I remember back in the seventies tunity to take the leadership hour this of premiums on medical care and qual- when you would go to many nursing evening and, quite honestly, the oppor- ity improvement rather than CEO pay, homes, and they were terrible places. tunity to respond to my colleague, profits, and administrative costs. If in- Because we upgraded them and we pro- Representative FRANK PALLONE, who is surers don’t meet these standards, they vided money to the States to pay for a colleague on the Energy and Com- have to pay rebates to their consumers Medicaid, which they matched, the merce Committee—in fact, the ranking starting this summer. These are sig- quality of nursing homes improved sig- member of the Health Subcommittee— nificant ways of cutting back on costs. nificantly. Well, what happened—and as he talked about the benefits of the What do we see from the other side of I’m not just telling this. The nursing Patient Protection and Affordable Care the aisle? Again, repeal the Affordable home industry has said this—with Act. And he spent the last 35, 40 min- Care Act. If the Affordable Care Act these types of cuts that are being pro- utes talking about what a great piece were repealed, all the things that I posed in the Republican budget, a lot of of legislation that was and about all of talked about would disappear. Costs nursing homes will close, and their the wonderful things that it has al- would climb. More and more people quality of care will diminish. They ready done. would have no insurance. All the bene- won’t have as many nurses on staff. Well, I’m going to take my leadership fits for seniors—the fact that you can They won’t be able to do a lot of the time, Mr. Speaker, to give the other have your children on the policy until things they do now to make people’s side of this viewpoint and to suggest 26, the gender gap for women, all these lives in nursing homes more com- that this is not a good bill, that this is things, all the benefits would disappear fortable. not helpful. Certainly my colleagues on and only the bad impacts from insur- And the budget assumes the repeal of the Democratic side, when they were in ance companies being able to do what- the Affordable Care Act, which means the majority—and 2 years ago this ever they want would remain. that the expansion of Medicaid, the coming Friday they passed into law the The Republicans talk about repealing subsidy to pay for health insurance, all Affordable Care Act, ObamaCare—they the Affordable Care Act. They don’t the things that I have talked about be- felt like this was the best thing since say what they would substitute for it. fore would simply disappear. sliced bread, like this was the solution What we do know—and I’m going to So I know I make a stark contrast to all of our problems. close with this, Mr. Speaker—this week between what the Republicans are pro- Yet we spent 2 years cramming that we heard from the Republicans in posing and what we’re doing with the bill—literally cramming that piece of terms of what they want to do with Affordable Care Act and trying, on the legislation, all 2,811 pages of it, down their budget. Again, what does their Democratic side, to shore up and ex- the throats of the American people budget do? It essentially privatizes pand Medicare benefits. But the fact of when our unemployment rate was 9.5 Medicare. It makes it into a voucher the matter is that it is a stark con- percent, when 15 million Americans program, causing seniors to spend more trast, a very stark contrast in terms of were out of work and another 15 mil- money out of pocket for the type of a world view of what we are going to do lion were underemployed. This was our guaranteed benefits they receive now in terms of health insurance coverage number one priority, national health under Medicare. It even goes and im- and what we’re going to do to protect insurance, a complete government pacts Medicaid. seniors in Medicare. And I think it’s takeover of one-sixth of our economy? A lot of people are not aware of the very important for my colleagues to This is what the Democratic majority fact that Medicaid, which most people understand these differences as we pro- in the 109th, 110th Congresses have see as a program for poor people, actu- ceed over the next few weeks. forced upon the American people. ally pays most of the costs for nursing So I am very proud of the fact that The gentleman from New Jersey can home care in this country. What hap- on Friday, we will be celebrating the talk about all the wonderful things pens is that if you have to go to a nurs- second anniversary of President Obama that have occurred since the passage of ing home, you have to spend all your signing the Affordable Care Act. And I ObamaCare. But let me just point out assets essentially—with few excep- am also proud of the fact that, as a some truths that, Mr. Speaker, don’t tions—on paying for that nursing home Democrat, we are going to oppose the need any adjectives to explain. The care; and then after you have no assets Republican budget. When the Repub- truth is, there were never 47 million left, the Medicaid kicks in and pays for lican budget was proposed last year, it people in this country who could not your nursing home care. passed the House, but it didn’t pass the afford health insurance. There may What do the Republicans do in their Senate; and we heard nothing more have been 47 million who didn’t have budget? They basically slash Medicaid. about it. health insurance. But how many mil- They block-grant it to the States. And that’s exactly what we plan on lion people of that 47 million estimate They slash it from 20 percent to 30 per- doing this year because we can’t allow were making more than $50,000 a year? cent based on different accounts. Medicare to be destroyed. We can’t Mr. Speaker, how many were making That’s a 20 percent to 30 percent slash, allow the Medicare guarantee to dis- more than $75,000 a year? And how and that money goes back to the appear. We can’t allow Medicare to ba- many of the 47 million uninsured were States because the States have to sically wither on the vine, as former in this country illegally? How many match Medicaid. They also abolish the Speaker Gingrich said, as it’s were eligible for one of our safety-net

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3909 programs, like Medicaid or the SCHIP as they did 2 years ago. They’re going anything. You can’t make any changes program for their children, in their re- to tell you that loud and clear Novem- whatsoever in your Medicaid program. spective States? And when you crunch ber 6, 2012. You can’t check on eligibility. You all of those numbers, there may have I take no pleasure in that. I enjoy can’t check to make sure that an indi- been and may be 15 million people in being in the majority. Mr. Speaker en- vidual that applies is in this country this country who do not have health in- joys being in the majority. But our re- legally. You can’t drug-test these indi- surance because they can’t afford it or sponsibility is to the American people, viduals. You can’t do anything to make because they don’t want it. They would especially to our seniors—our moms sure that that program for your State rather pay as they go. and dads—and those folks who are is going to those who need it, who are Now, I’m not going to stand here and struggling, who are on a fixed income. eligible for it, and to who deserve it, suggest—particularly as a physician But to suggest that we’re helping them because of this maintenance of effort Member—that that’s a wise thing to when we cut their program $550 billion, restriction under ObamaCare. do. The expression is ‘‘to go bare’’ in to suggest that closing the doughnut Not only do we put handcuffs on the regard to health insurance coverage. I hole is a good thing and lowers the cost chief executives of our States, but we wouldn’t recommend that. But cer- of health care and lowers the cost of also mandate that they now cover tainly as an individual in this country, prescription drugs, no, it doesn’t. under the Medicaid program people up the land of the free, we have the con- Because what this Federal Govern- to 133 percent of the Federal poverty stitutional right to make that decision ment, what Uncle is doing is forcing level. Prior law, the requirement was for ourselves and our families. the pharmaceutical industry to pay for 100 percent. Yes, some States went And what the Democratic majority that doughnut hole, and to pay for it above that when times were good, when did with ObamaCare, the way they with brand drugs when prior to unemployment was 6 percent instead of made it work, when you cut right to ObamaCare we were filling that dough- 9.5 percent, as it is in my current great the chase, so they could cover people nut hole with generics. State of Georgia. But States can’t af- with preexisting conditions, whether And so what is going to happen? This ford to do that. they were nearly seniors or children, to pharmaceutical industry, it’s whack-a- But the Federal Government comes eliminate yearly or lifetime caps, to mole. You squeeze that balloon, it’s along and says, because of ObamaCare, provide preventive health services that going to bulge out on another side. And we’re going to force you to stay where didn’t previously exist, the way they it’s going to bulge out when they raise you are. You can make no changes. did that, colleagues—and you know the premiums for prescription drug You cannot go down to 115 percent or this—they cut $550 billion out of the coverage for everybody else. 100 percent. Oh, no. You have to stay at Medicare program. They virtually gut- The gentleman talked about these 133 percent. And we are looking at an ted Medicare Advantage. Twenty per- wonderful exchanges that are going to additional cost to the States over the cent of seniors select Medicare Advan- be set up for the people who don’t have next 10 years of $15 billion. tage. health insurance. I don’t object, Mr. That’s why this is part of the lawsuit The title, Mr. Speaker, speaks for Speaker, to the idea of setting up State that the Supreme Court will hear next itself. It’s an advantage because that exchanges. That’s an idea that’s been week in the 6 hours of testimony—that program covers many of these preven- around for a long time. It didn’t just and this individual mandate in tive services that the gentleman from originate with ObamaCare. But when ObamaCare that forces individuals to New Jersey was talking about that are you hear my good friend from New Jer- engage in commerce, the Federal Gov- now available under ObamaCare. They sey, the ranking member of the Health ernment regulating commerce as pro- were available under Medicare Advan- Subcommittee on Energy and Com- vided for in article 1, section 8, clause tage, but now that program has been merce—and he certainly should know 3 of our great Constitution. Oh, no. gutted. It’s been cut 14 percent per of what he says—that in these ex- This says whether you are engaging in year over a 10-year period of time. So changes people are going to get a sub- commerce or not, Mr. Speaker, you you rob from Peter to pay Paul. sidy, in other words, that’s a govern- have to participate. And who is Paul? Paul is this 15 mil- ment handout. They’re going to get a I know my colleagues have heard the lion to 20 million that are left in that check if they make $75,000 to $80,000 a expression and the comments from me group who have no insurance, many of year. You heard him say it. Colleagues, and others, What’s next? Everybody whom who don’t want it. And now we you heard him say it. has to eat broccoli? It’s absolutely ab- have created a whole new entitlement Now, I would like to ask the 700,000 surd. It’s patently absurd for the Fed- program that we cannot afford when 15 people in the 11th Congressional Dis- eral Government to tell people they million people are out of work and the trict of Georgia what they think of have to engage in commerce. We under- unemployment rate, Mr. Speaker, for— $70,000, $75,000, $80,000 a year and get- stand the Constitution and the right what is it—38 straight months now has ting a government handout, a subsidy. constitutionally to regulate existing been above 8 percent. That, despite the My people, the people I represent, commerce between States, but not to fact that the stimulus bill and its $875 would feel wealthy if they made $75,000 force people. billion on shovel-ready projects that a year, and they would not be expect- So as I have these moments tonight promised—that promised when the un- ing a government handout. to talk about as a counterpoint to Mr. employment rate was 7.6 percent that What this administration has done PALLONE in regard to the Patient Pro- this would solve the problem, and it with this piece of legislation—Mr. PAL- tection and Affordable Care Act, Mr. would not go above 8 percent. It hasn’t LONE criticized the Republican idea in Speaker, it could not be more been below 8 percent since we’ve spent the Republican budget of block-grant- unaffordable. The CBO just came out the money. ing the Medicaid program. The Med- with a new score. Originally, 2 years icaid program, colleagues, it’s been b 2120 ago, that score was something like $950 around since 1965. It’s a good program. billion and, according to smoke-and- So I say to the gentleman from New It’s shared between the Federal Gov- mirror accounting, completely paid Jersey and my Democratic colleagues ernment and the States. But under for. Now the cost—the adjusted cost—is in this Chamber, you fiddled for 2 ObamaCare, States are told that they about twice that. It’s about twice that. years; you fiddled while Rome was cannot be innovative in regard to de- burning. And so, yes, now you can beat signing a Medicaid program that best b 2130 the drum and celebrate the 2-year anni- fits the needs of the citizens of their So it’s not the Affordable Care Act versary of ObamaCare while 60 percent State. but the Patently Un-Affordable Care of this country continues to tell you It’s called maintenance of effort. Act. For my colleague to criticize the they hate it. They hate it. And they’re ObamaCare says to the Governors of Republican majority for coming for- going to tell you that loud and clear, the respective States: You can’t do ward with a budget that includes a

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3910 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 March 21, 2012 plan to save Medicare and Medicaid, The gentleman from New Jersey the Senate. We couldn’t get them to legacy programs, programs that our talked about direct access without pass a budget. They haven’t done that seniors and our poor are so dependent prior approval, whether it’s to see your in 3 years. But after about a year and on, for us to have a plan to save that OB–GYN doctor, your dermatologist, or a half, we finally got them to vote on and for the gentleman from the other your general surgeon without having repeal of ObamaCare. The Democratic side of the aisle to criticize that, I to go through a gatekeeper. I under- majority rejected that. would ask him if he were still in the stand that. I practiced medicine 31 So, Mr. Speaker, now we’re dealing Chamber, and I ask all of my col- years. I think my colleagues know with plan B, and plan B is to chip away leagues on the Democratic side of the that. I understand that. But these at the most egregious aspects of aisle: What is your plan? What is your things definitely cost money. They ObamaCare. It would be a mistake for plan to save the Medicaid program? don’t save money. I think it’s impor- us to assume the Supreme Court will What is your plan to save the Medicare tant for people to understand that. strike down that individual mandate program? How many different studies He talked about the wonderful things and will strike down that Medicaid ex- do we need from how many different that have already occurred under pansion, that unfunded mandate, a $12 commissions over how many years be- ObamaCare, allowing adult children—I billion burden placed on the budgets of fore we accept the plain, hard, cold realize that’s a bit of an oxymoron, but our respective States. I think they will truth that the hospital trust fund and I’ve got four of those oxymorons—to strike it down, but I’m not going to Medicare program will be insolvent at allow adult children to stay on their stand here in this Chamber holding my the very latest by the year 2024 and by parents’ health insurance policy until breath waiting for that to happen. the earliest at the year 2016 as esti- they’re 26 years old without regard to That would be irresponsible. That mated by the Medicare actuaries? whether or not they’re students. would not be representing the people of Nobody denies that. But what are my Now, the prior policy of most health the 11th of Georgia the way they de- Democratic friends doing about it? Mr. insurance companies, if you were over serve to be represented. Speaker, they’re doing two things. 21 years old, maybe in the third or b 2140 They’re whistling past the graveyard fourth year of college, then you were and they’re enacting IPAB, the Inde- no longer eligible to be covered under So, we are going to fight. That’s what pendent Payment Advisory Board. your parents’ health insurance policy. this is all about today and the vote to- Colleagues, you’ve heard it all The expectation, of course, is that you morrow in regard to repealing IPAB, evening as we’ve discussed the repeal of would have a job. Well, the reason it’s this Independent Payment Advisory IPAB and H.R. 5, the HEALTH Act. so important now to have them covered Board that literally takes legislative IPAB is 15 unelected bureaucrats— up to age 26 on their parents’ health in- responsibility away from the Congress. unelected but appointed by the Presi- surance policy is because they have no Talk about unconstitutional; clearly, dent, this President—at a salary of jobs. And that’s the thing that this ad- that is unconstitutional. $176,000 a year for a 6-year term, renew- ministration and this—now, at least in We’re going to vote it down tomor- able for another 6. So we’re stuck with the House of Representatives—Demo- row. And we’re going to send that to them for 12 years and that fat salary cratic minority, they just don’t seem the Senate, and I expect HARRY REID and benefit package so they can say, to understand that what the American and the Democratic majority to do the We’re going to save Medicare by cut- people care about first and foremost is responsible thing. They don’t like it ei- ting reimbursement to health care pro- a job. They want health insurance, of ther. They don’t like it either. Let’s viders and prescription drug compa- course they do. If they have to, they’ll don’t make an election issue out of it. nies. We can’t change the age of Medi- pay for it out of their own pocket. But Let’s just do the right thing for the care eligibility. We can’t increase the they’ve got to have a job first. They’ve American people. annual deductible or copay. No, we got to put food on the table. They’ve Mr. Speaker, it’s been a long day. We can’t do anything, any of those things. got to put clothing on the backs of have had a lot of discussion on the We can only cut provider reimburse- their children. They have to have the floor of the House of Representatives, a ment. Oh, but there’s no rationing. It pride, dignity, and respect of having a lot of eloquence on both sides of the says there in that section regarding job. aisle. I feel very strongly that we IPAB that no rationing will occur. As we go into these elections this should respect one another, and I think Well, give me a break. If you cut re- fall, and all 435 of us in this body and we do. This is not personal, but when imbursement to providers and they 100—well, in fact, I guess it’s one-third you feel that you have the right idea, stop providing the care, then the senior of the other body stand for reelection it’s your responsibility to stand strong, does not get that knee replacement and and we elect a 45th—and, indeed, I not to pander to anybody, but to stand does not get that stent put in. You can think we will elect a 45th and not re- strong and do the right thing, do the spell it any way you want to, but, Mr. elect the 44th—President of the United right thing for the American people. Speaker, that’s rationing. That’s ra- States, it’s going to be based on jobs With that, Mr. Speaker, I yield back tioning. And the American people don’t and the economy. That’s the thing that the balance of my time. want that. Our seniors don’t want that. this President, since he took office in f That’s no compassion. January of 2009, has just totally missed You can provide all these preventive the point of. And really, it started in LEAVE OF ABSENCE services you want to that Mr. PALLONE January of 2007 with the Democratic By unanimous consent, leave of ab- was speaking about, and that’s fine if majority in this Chamber when we sence was granted to: you can afford to do it. But to suggest spent another 2 years wasting time, Mr. DAVIS of Illinois (at the request that that saves money, it might save fiddling while Rome was burning, try- of Ms. PELOSI) for today and March 22. an individual life, and that’s a wonder- ing to force and cram down the throats Mr. BACHUS (at the request of Mr. ful thing, but don’t stand up here and of the American people this cap-and- CANTOR) for today and the balance of tell me and tell my colleagues on both trade regime which would have cost the week on account of minor throat sides of the aisle that preventive serv- every family $2,500 a year in increased surgery. ices save money. No economist, no utility costs. Thank goodness the other f health economist would agree with body stopped that, because the Amer- that. It doesn’t save money. It costs ican people didn’t want it. ADJOURNMENT money. And every time you add an- And they don’t want national health Mr. GINGREY of Georgia. Mr. Speak- other ‘‘free’’ preventive service to a care. That’s why we voted in this body, er, I move that the House do now ad- program, it’s going to increase the H.R. 2, to repeal ObamaCare. And that journ. health insurance premiums for every- repeal passed in the House of Rep- The motion was agreed to; accord- body else. These are called mandates. resentatives. We finally had a vote in ingly (at 9 o’clock and 42 minutes

VerDate Sep 11 2014 08:43 Mar 24, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR12\H21MR2.002 H21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 3 3911 p.m.), under its previous order, the to the Kingdom of Morocco pursuant to Sec- Service, transmitting the Service’s final rule House adjourned until tomorrow, tion 2(b)(3) of the Export-Import Bank Act of — Group Health Plans and Health Insurance Thursday, March 22, 2012, at 10 a.m. 1945, as amended; to the Committee on Fi- Issuers Relating to Coverage of Preventive nancial Services. Services Under the Patient Protection and f 5352. A letter from the Assistant General Affordable Care Act [TD 9578] (RIN: 1545- EXECUTIVE COMMUNICATIONS, Counsel for Legislation, Regulation and En- BJ60) received February 12, 2012, pursuant to ETC. ergy Efficiency, Department of Energy, 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule — Ways and Means. Under clause 2 of rule XIV, executive Energy Conservation Program: Test Proce- 5363. A letter from the Chief, Publications communications were taken from the dure for Commercial Refrigeration Equip- and Regulations Branch, Internal Revenue Speaker’s table and referred as follows: ment [Docket No.: EERE-2010-BT-TP-0034] Service, transmitting the Service’s final rule 5343. A letter from the Acting Adminis- (RIN: 1904-AC40) received February 12, 2012, — Revenue Procedure: United States and trator, Department of Agriculture, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Area Median Gross Income Figures (Rev. ting the Department’s final rule — Dairy mittee on Energy and Commerce. Proc. 2012-16) received March 2, 2012, pursu- Product Mandatory Reporting [Doc. #: AMS- 5353. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee DA-10-0089; DA-11-01] (RIN: 0581-AD12) re- for Administration and Management, De- on Ways and Means. ceived February 17, 2012, pursuant to 5 U.S.C. partment of Labor, transmitting a report 5364. A letter from the Chief, Publications 801(a)(1)(A); to the Committee on Agri- pursuant to the Federal Vacancies Reform and Regulations Branch, Internal Revenue culture. Act of 1998; to the Committee on Oversight Service, transmitting the Service’s final rule 5344. A letter from the Acting Adminis- and Government Reform. — Applicable Federal Rates — March 2012 trator, Department of Agriculture, transmit- 5354. A letter from the Assistant Secretary (Rev. Rul. 2012-9) received March 2, 2012, pur- ting the Department’s final rule — Mar- for Administration and Management, De- suant to 5 U.S.C. 801(a)(1)(A); to the Com- keting Order Regulating the Handling of partment of Labor, transmitting a report mittee on Ways and Means. Spearmint Oil Produced in the Far West; Re- pursuant to the Federal Vacancies Reform 5365. A letter from the Director, Office of vision of the Salable Quantity and Allotment Act of 1998; to the Committee on Oversight Regulations, Social Security Administra- Percentage for Class 1 (Scotch) and Class 3 and Government Reform. tion, transmitting the Administration’s final (Native) Spearmint Oil for the 2011-2012 Mar- 5355. A letter from the Associate Adminis- rule — Protecting the Public and our Em- keting Year [Doc. Nos.: AMS-FV-10-0094; trator for Legislative and Intergovernmental ployees in our Hearing Process [Docket No.: FV11-985-1A FIR] received February 17, 2012, Affairs, National Aeronautics and Space Ad- SSA-2011-0008] (RIN: 0690-AH29) received Feb- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ministration, transmitting FY 2011 Annual ruary 21, 2012, pursuant to 5 U.S.C. mittee on Agriculture. Report Regarding NASA’s Equal Employ- 801(a)(1)(A); to the Committee on Ways and 5345. A letter from the Acting Adminis- ment Opportunity and Whistleblower Protec- Means. trator, Department of Agriculture, transmit- tion Act Complaints Activity; to the Com- 5366. A letter from the Director, Office of ting the Department’s final rule — National mittee on Oversight and Government Re- Regulations, Social Security Administra- Organic Program (NOP); Amendments to the form. tion, transmitting the Administration’s final National List of Allowed and Prohibited Sub- 5356. A letter from the General Counsel and rule — How We Collect and Consider Evi- stances (Crops and Processing) [Document Acting Executive Director, Election Assist- dence of Disability [Docket No.: SSA 2010- Number: AMS-NOP-10-0079; NOP-09-02FR] ance Commission, transmitting Fiscal Year 0044] (RIN: 0960-AG89) received February 12, (RIN: 0581-AD06) received February 17, 2012, 2011 Activities Report; to the Committee on 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House Administration. Committee on Ways and Means. 5357. A letter from the United States Trade mittee on Agriculture. f 5346. A letter from the Acting Adminis- Representative, Executive Office of the trator, Department of Agriculture, transmit- President, transmitting the 2012 Trade Pol- REPORTS OF COMMITTEES ON ting the Department’s final rule — Revision icy Agenda and the 2011 Annual Report on PUBLIC BILLS AND RESOLUTIONS of Cotton Futures Classification Procedures the Trade Agreements Program as prepared [Doc. #: AMS-CN-10-0073; CN-10-005] (RIN: by the Administration; to the Committee on Under clause 2 of rule XIII, reports of 0581-AD16) received February 17, 2012, pursu- Ways and Means. committees were delivered to the Clerk ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5358. A letter from the Chief, Trade and for printing and reference to the proper on Agriculture. Commercial Regulations Branch, Depart- calendar, as follows: ment of the Treasury, transmitting the De- 5347. A letter from the Director, Defense Mr. SMITH of Texas Committee on the Ju- partment’s final rule — Duty-Free Treat- Procurement and Acquisition Policy, De- diciary. H.R. 4119. A bill to reduce the traf- ment of Certain Visual and Auditory Mate- partment of Defense, transmitting the De- ficking of drugs and to prevent human smug- rials [USCBP-2011-0030] (RIN: 1515-AD75) re- partment’s final rule — Defense Federal Ac- gling across the Southwest Border by deter- ceived February 17, 2012, pursuant to 5 U.S.C. quisition Regulation Supplement (DFARS ring the construction and use of border tun- 801(a)(1)(A); to the Committee on Ways and Case 2012-D024) (RIN: 0750-AH59) received nels (Rept. 112–418, Pt. 1). Referred to the Means. February 17, 2012, pursuant to 5 U.S.C. Committee of the Whole House on the state 5359. A letter from the Chief, Publications 801(a)(1)(A); to the Committee on Armed of the Union. Services. and Regulations Branch, Internal Revenue 5348. A letter from the Director, Defense Service, transmitting the Service’s final rule DISCHARGE OF COMMITTEE Procurement and Acquisition Policy, De- — Source of Income from Qualified Fails Pursuant to clause 2 of rule XIII the partment of Defense, transmitting the De- Charges [TD 9579] (RIN: 1545-BJ78) received Committees on Ways and Means and partment’s final rule — Defense Federal Ac- February 12, 2012, pursuant to 5 U.S.C. Homeland Security discharged from quisition Regulation Supplement (DFARS 801(a)(1)(A); to the Committee on Ways and further consideration. H.R. 4119 re- Case 2012-D026) (RIN: 0750-AH60) received Means. ferred to the Committee of the Whole 5360. A letter from the Chief, Publications February 17, 2012, pursuant to 5 U.S.C. House on the state of the Union. 801(a)(1)(A); to the Committee on Armed and Regulations Branch, Internal Revenue Services. Service, transmitting the Service’s final rule f 5349. A letter from the Acting Under Sec- — Extension of Time to File an Estate Tax retary, Department of Defense, transmitting Return Solely to Elect Portability of a De- PUBLIC BILLS AND RESOLUTIONS a letter on the approved retirement of Lieu- ceased Spousal Unused Exclusion Amount Under clause 2 of rule XII, public tenant General Richard P. Zahner, United [Notice 2012-21] received February 12, 2012, bills and resolutions of the following States Army, and his advancement to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- grade of lieutenant general on the retired mittee on Ways and Means. titles were introduced and severally re- list; to the Committee on Armed Services. 5361. A letter from the Chief, Publications ferred, as follows: 5350. A letter from the Acting Under Sec- and Regulations Branch, Internal Revenue By Mr. CANTOR: retary, Department of Defense, transmitting Service, transmitting the Service’s final rule H.R. 9. A bill to amend the Internal Rev- authorization of Colonels Christopher P. — Rewards and Awards for Information Re- enue Code of 1986 to provide a deduction for Hughes and Paul A. Ostrowski, United States lating to Violations of Internal Revenue domestic business income of qualified small Army, to wear the insignia of the grade of Laws [TD 9580] (RIN: 1545-BJ89) received Feb- businesses; to the Committee on Ways and brigadier general; to the Committee on ruary 12, 2012, pursuant to 5 U.S.C. Means. Armed Services. 801(a)(1)(A); to the Committee on Ways and By Mr. BISHOP of New York (for him- 5351. A letter from the Chairman and Presi- Means. self, Mr. RAHALL, Mr. DEFAZIO, Ms. dent, Export-Import Bank, transmitting a 5362. A letter from the Chief, Publications BROWN of Florida, Mr. ACKERMAN, Mr. report on transactions involving U.S. exports and Regulations Branch, Internal Revenue RANGEL, Mr. FILNER, Mr. SIRES, Ms.

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RICHARDSON, Mr. CUMMINGS, Ms. NOR- and in addition to the Committee on Ways the Federal Government; to the Committee TON, Mr. RUPPERSBERGER, Mr. LAR- and Means, for a period to be subsequently on Oversight and Government Reform. SEN of Washington, Mr. WELCH, Mr. determined by the Speaker, in each case for By Mr. PASCRELL (for himself and HOLDEN, Mrs. NAPOLITANO, Ms. consideration of such provisions as fall with- Mr. PLATTS): HIRONO, Mr. HOLT, Mr. VAN HOLLEN, in the jurisdiction of the committee con- H.R. 4238. A bill to amend the Public Ms. EDWARDS, Mr. BOSWELL, Ms. cerned. Health Service Act to reauthorize certain HAHN, Mr. THOMPSON of California, By Mr. YARMUTH (for himself, Mr. programs for individuals with traumatic Mr. ISRAEL, Mr. HIGGINS, Mr. CONNOLLY of Virginia, Mr. CONYERS, brain injury, and for other purposes; to the CICILLINE, Ms. WILSON of Florida, Mr. Mr. STARK, Mr. JACKSON of Illinois, Committee on Energy and Commerce. RICHMOND, Ms. MOORE, Mr. MORAN, Mr. RANGEL, Ms. HAHN, Mr. RYAN of By Mr. YARMUTH (for himself, Mr. Mr. BLUMENAUER, Ms. SPEIER, Mr. Ohio, Mr. SCHIFF, Mr. FILNER, Mr. GRIJALVA, and Ms. SLAUGHTER): OWENS, Mr. JACKSON of Illinois, Mr. VAN HOLLEN, Mr. CARSON of Indiana, H. Res. 593. A resolution supporting the DOYLE, Ms. LINDA T. SA´ NCHEZ of Cali- Mr. MCNERNEY, and Ms. CHU): goals and ideals of ‘‘National Safe Place fornia, Mr. LEWIS of Georgia, Mr. H.R. 4231. A bill to amend the Internal Rev- Week’’; to the Committee on Education and LARSON of Connecticut, Mr. BERMAN, enue Code of 1986 to repeal certain tax the Workforce. Mr. CONNOLLY of Virginia, Mr. LIPIN- breaks for gas and oil companies and to re- f SKI, Ms. TSONGAS, Mr. MICHAUD, Mr. fund the revenue savings to registered vehi- cle owners; to the Committee on Ways and PRICE of North Carolina, Mr. LAN- MEMORIALS GEVIN, Mr. ALTMIRE, Mr. CLAY, Mr. Means. MCNERNEY, Mr. WALZ of Minnesota, By Mr. TURNER of Ohio (for himself, Under clause 4 of rule XXII, memo- Mr. HONDA, Ms. EDDIE BERNICE JOHN- Mr. RYAN of Ohio, and Mr. BURTON of rials were presented and referred as fol- SON of Texas, Mr. CROWLEY, Mrs. Indiana): lows: H.R. 4232. A bill to amend section 552 of LOWEY, Ms. DEGETTE, Mr. TOWNS, Mr. title 5, United States Code (popularly re- 182. The SPEAKER presented a memorial COURTNEY, Mr. QUIGLEY, Mr. STARK, ferred to as the Freedom of Information of the House of Representatives of the State Mr. CARNAHAN, Mr. SMITH of Wash- Act), to provide that the exemptions to that of Michigan, relative to House Resolution ington, Ms. MCCOLLUM, Ms. SLAUGH- section shall not apply to matters relating No. 173 memorializing Congress to extend the TER, Ms. ZOE LOFGREN of California, to certain transactions executed by an in- Chemical Facility Anti-Terrorism Standards Mr. THOMPSON of Mississippi, Mr. strumentality of the Federal Government (CFATS) program; to the Committee on En- ´ HOYER, Mr. LUJAN, Ms. ROYBAL- operating in a commercial manner; to the ergy and Commerce. ALLARD, Mr. MCGOVERN, Mr. SHER- Committee on Oversight and Government 183. Also, a memorial of the House of Rep- MAN, Ms. SCHWARTZ, Ms. CLARKE of Reform. resentatives of the State of Iowa, relative to New York, Mr. CLARKE of Michigan, By Mr. LAMBORN: House Resolution No. 107 urging the Depart- Mr. ANDREWS, Mr. COSTELLO, Ms. H.R. 4233. A bill to establish the National ment of Labor to withdraw the proposed reg- VELA´ ZQUEZ, Mr. CONYERS, Mr. TONKO, Geospatial Technology Administration with- ulations for agricultural child labor; to the Mr. GARAMENDI, Mr. SCOTT of Vir- in the United States Geological Survey to Committee on Education and the Workforce. ginia, Mr. FALEOMAVAEGA, Mr. COSTA, enhance the use of geospatial data, products, 184. Also, a memorial of the House of Rep- Ms. DELAURO, Mr. COHEN, Mr. LYNCH, technology, and services, to increase the resentatives of the State of Michigan, rel- Mr. RUSH, Ms. PINGREE of Maine, Mr. economy and efficiency of Federal geospatial ative to House Resolution No. 185 memori- WAXMAN, Mr. SHULER, Ms. activities, and for other purposes; to the alizing Congress to enact the Respect for WASSERMAN SCHULTZ, Ms. CHU, Mr. Committee on Natural Resources, and in ad- Rights of Conscience Act of 2011; to the Com- CHANDLER, Mr. CRITZ, and Mr. dition to the Committees on Oversight and mittee on Energy and Commerce. GEORGE MILLER of California): Government Reform, Science, Space, and 185. Also, a memorial of the Senate of the H.R. 14. A bill to reauthorize Federal-aid Technology, and Agriculture, for a period to State of Michigan, relative to Senate Reso- highway and highway safety construction be subsequently determined by the Speaker, lution No. 97 memorializing the Congress to programs, and for other purposes; to the in each case for consideration of such provi- enact legislation to ensure that amounts Committee on Transportation and Infra- sions as fall within the jurisdiction of the credited to the Harbor Maintenance Trust structure, and in addition to the Committees committee concerned. Fund are used solely for the dredging, infra- on Ways and Means, Natural Resources, En- By Mr. LABRADOR (for himself, Mr. structure, operation, and maintenance of ergy and Commerce, Agriculture, Science, BISHOP of Utah, Mr. COSTA, Mr. federally-authorized ports, harbors, and wa- Space, and Technology, the Budget, Over- GOSAR, Mr. HARRIS, Mrs. LUMMIS, terways; jointly to the Committees on sight and Government Reform, Financial Mrs. NOEM, Mr. REHBERG, Mrs. Transportation and Infrastructure and Services, Education and the Workforce, and MCMORRIS RODGERS, Mr. SIMPSON, Rules. Foreign Affairs, for a period to be subse- and Mr. WALDEN): 186. Also, a memorial of the Senate of the quently determined by the Speaker, in each H.R. 4234. A bill to amend the Federal Land State of Oregon, relative to Senate Memorial case for consideration of such provisions as Policy and Management Act of 1976 to im- 201 requesting that the Congress reintroduce prove the management of grazing leases and fall within the jurisdiction of the committee and pass the Trade Reform, Accountability, permits, and for other purposes; to the Com- concerned. Development and Employment (TRADE) Act mittee on Natural Resources, and in addition By Mr. MCCAUL (for himself and Mr. of 2009; jointly to the Committees on Ways to the Committee on Agriculture, for a pe- KING of New York): and Means and Rules. H.R. 4228. A bill to direct the Secretary of riod to be subsequently determined by the State to designate Iran’s Islamic Revolu- Speaker, in each case for consideration of f tionary Guard Corps Qods Force as a foreign such provisions as fall within the jurisdic- tion of the committee concerned. CONSTITUTIONAL AUTHORITY terrorist organization, and for other pur- By Mr. DOLD (for himself and Ms. STATEMENT poses; to the Committee on the Judiciary, MOORE): and in addition to the Committee on Foreign H.R. 4235. A bill to amend the Securities Pursuant to clause 7 of rule XII of Affairs, for a period to be subsequently de- Exchange Act of 1934 and the Commodity Ex- the Rules of the House of Representa- termined by the Speaker, in each case for change Act to repeal the indemnification re- tives, the following statements are sub- consideration of such provisions as fall with- quirements for regulatory authorities to ob- mitted regarding the specific powers in the jurisdiction of the committee con- tain access to swap data required to be pro- granted to Congress in the Constitu- cerned. vided by swaps entities under such Acts; to By Mr. BERMAN (for himself, Ms. ROS- tion to enact the accompanying bill or the Committee on Agriculture, and in addi- joint resolution. LEHTINEN, Mr. ACKERMAN, Mr. tion to the Committee on Financial Serv- CHABOT, Mr. CICILLINE, and Ms. ices, for a period to be subsequently deter- By Mr. CANTOR: BUERKLE): mined by the Speaker, in each case for con- H.R. 9. H.R. 4229. A bill to authorize further assist- sideration of such provisions as fall within Congress has the power to enact this legis- ance to Israel for the Iron Dome anti-missile the jurisdiction of the committee concerned. lation pursuant to the following: defense system; to the Committee on For- By Mr. BRALEY of Iowa: Amendment XVI to the Constitution re- eign Affairs. H.R. 4236. A bill to withhold funds if a mo- garding the power to lay and collect taxes on By Mr. MCKINLEY (for himself and Mr. torist illegally passes a stopped school bus; incomes. WELCH): to the Committee on Transportation and In- By Mr. BISHOP of New York: H.R. 4230. A bill to provide for the estab- frastructure. H.R. 14. lishment of a Home Energy Savings Retrofit By Mr. FLEISCHMANN: Congress has the power to enact this legis- Rebate Program, and for other purposes; to H.R. 4237. A bill to strengthen employee lation pursuant to the following: the Committee on Energy and Commerce, cost savings suggestions programs within Article I, Section 8, Clauses 1, 3, 7, and 18

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By Mr. MCCAUL: Congress has the power to enact this legis- H.R. 3485: Ms. BONAMICI. H.R. 4228. lation pursuant to Article I, Section 8, H.R. 3510: Ms. JACKSON LEE of Texas. Congress has the power to enact this legis- Clause 3 of the United States Constitution. H.R. 3591: Mr. TOWNS and Ms. ZOE LOFGREN lation pursuant to the following: f of California. Article I, Section 8. H.R. 3596: Ms. FUDGE, Mr. RUNYAN, Ms. By Mr. BERMAN: ADDITIONAL SPONSORS HANABUSA, Mr. DEUTCH, Mr. HASTINGS of H.R. 4229. Under clause 7 of rule XII, sponsors Florida, Ms. BALDWIN, Mr. ANDREWS, and Mr. Congress has the power to enact this legis- BRADY of Pennsylvania. lation pursuant to the following: were added to public bills and resolu- H.R. 3608: Mrs. HARTZLER. the authority delineated in Article I section tions as follows: H.R. 3643: Mr. FITZPATRICK and Mr. ROO- I, which includes an implied power for the H.R. 12: Mr. WAXMAN. NEY. Congress to regulate the conduct of the H.R. 121: Mr. FINCHER. H.R. 3658: Mrs. MALONEY, Ms. WOOLSEY, Ms. United States with respect to foreign affairs. H.R. 157: Mr. GUTHRIE and Mr. LANGEVIN. BORDALLO, Mr. GEORGE MILLER of California, By Mr. MCKINLEY: H.R. 196: Mr. KUCINICH and Mr. COHEN. Ms. PINGREE of Maine, Mr. GRIJALVA, Mr. H.R. 4230. H.R. 365: Mr. JOHNSON of Ohio. KEATING, Ms. MCCOLLUM, Mr. GUTIERREZ, Mr. Congress has the power to enact this legis- H.R. 721: Mr. GINGREY of Georgia. RANGEL, Mr. BISHOP of Georgia, Mr. MORAN, lation pursuant to the following: H.R. 895: Mr. MCCOTTER. and Mr. ELLISON. According to Article I, Section 8, Clause 3 H.R. 964: Mrs. CAPPS. H.R. 3707: Mr. MULVANEY. of the Constitution: The Congress shall have H.R. 997: Mrs. HARTZLER and Mr. GRAVES of H.R. 3766: Mr. DENT. power to enact this legislation to regulate Missouri. H.R. 3767: Ms. NORTON, Mr. RYAN of Ohio, commerce with foreign nations, and among H.R. 1017: Mr. VAN HOLLEN. and Mr. RUSH. the several states, and with the Indian H.R. 1063: Mr. PETRI. H.R. 3798: Mr. MCDERMOTT, Mr. KUCINICH, tribes. H.R. 1089: Mr. RANGEL. and Ms. LEE of California. By Mr. YARMUTH: H.R. 1284: Ms. CLARKE of New York. H.R. 3803: Mr. HARPER, Mr. FLEISCHMANN, H.R. 4231. H.R. 1339: Mr. THORNBERRY, Mr. LOBIONDO, Mr. SIMPSON, Mr. FLORES, Mr. CAMPBELL, Mr. Congress has the power to enact this legis- Mr. TURNER of Ohio, Mr. KLINE, Mr. PLATTS, GINGREY of Georgia, Mr. SMITH of Nebraska, lation pursuant to the following: Ms. LORETTA SANCHEZ of California, Mr. COO- and Mr. YOUNG of Indiana. Section 8 of Article 1 of the Constitution. PER, Ms. PINGREE of Maine, Mr. HEINRICH, H.R. 3821: Ms. JACKSON LEE of Texas. By Mr. TURNER of Ohio: Mr. OWENS, Mr. LOEBSACK, Mr. RUPPERS- H.R. 3826: Mr. TIERNEY, Ms. SCHWARTZ, and H.R. 4232. BERGER, Mr. KISSELL, Ms. HANABUSA, and Ms. Mr. MICHAUD. Congress has the power to enact this legis- HOCHUL. H.R. 3839: Mr. BOSWELL. lation pursuant to the following: H.R. 1386: Mr. ROSS of Arkansas. H.R. 3849: Mr. RENACCI, Mr. THOMPSON of Article I, Section 8, Clauses 3 and 18 of the H.R. 1410: Mr. GENE GREEN of Texas. Mississippi, and Mr. HARPER. United States Constitution H.R. 1418: Ms. BASS of California, Mr. HECK, H.R. 3878: Mr. WALDEN. By Mr. LAMBORN: and Mr. HUIZENGA of Michigan. H.R. 3883: Mr. LANDRY. H.R. 4233. H.R. 1513: Mrs. CHRISTENSEN and Mr. H.R. 3897: Mr. LANKFORD. Congress has the power to enact this legis- ENGEL. H.R. 3974: Mrs. NAPOLITANO. lation pursuant to the following: H.R. 1581: Mr. PETERSON. H.R. 3993: Mr. ROTHMAN of New Jersey, Mr. Article IV, Section 3— H.R. 1653: Mr. THORNBERRY and Mr. NEAL. CLARKE of Michigan, Mr. CAMPBELL, and Mr. Article IV—The States H.R. 1739: Mr. BARLETTA. CARNAHAN. Section 3—New States H.R. 1748: Mrs. CAPPS. H.R. 3994: Mr. MANZULLO. The Congress shall have Power to dispose H.R. 1789: Mr. JOHNSON of Ohio. H.R. 4036: Mr. CHABOT and Mr. MULVANEY. of and make all needful Rules and Regula- H.R. 1821: Ms. BONAMICI, Mr. BOSWELL, and H.R. 4040: Ms. BALDWIN, Mr. BARTLETT, Ms. tions respecting the Territory or other Prop- Mr. CHANDLER. BASS of California, Mr. BERG, Mr. BISHOP of erty belonging to the United States; and H.R. 1956: Mr. SCHWEIKERT. Utah, Mrs. BLACKBURN, Mr. BLUMENAUER, nothing in this Constitution shall be so con- H.R. 2020: Mr. BISHOP of New York. Mr. BROOKS, Mr. CARNAHAN, Mr. CASSIDY, Ms. strued as to Prejudice any Claims of the H.R. 2104: Ms. ESHOO, Mr. FILNER, and Mr. CLARKE of New York, Mr. CONAWAY, Mr. CON- United States, or of any particular State. ROTHMAN of New Jersey. NOLLY of Virginia, Mr. CUMMINGS, Mr. DUN- By Mr. LABRADOR: H.R. 4234. H.R. 2106: Mrs. MILLER of Michigan. CAN of South Carolina, Ms. EDWARDS, Mrs. Congress has the power to enact this legis- H.R. 2179: Ms. NORTON, Mr. BOSWELL, and EMERSON, Mr. ENGEL, Mr. FATTAH, Mr. FIL- lation pursuant to the following: Mr. RUSH. NER, Mr. FORBES, Ms. FUDGE, Mr. GINGREY of Article IV, Sec. 3, Clause 2: ‘‘The Congress H.R. 2252: Mr. MANZULLO. Georgia, Mr. GRIFFITH of Virginia, Mr. shall have Power to dispose of and make all H.R. 2311: Mr. KILDEE. GUINTA, Ms. HANABUSA, Mr. HINOJOSA, Mr. needful Rules and Regulations respecting the H.R. 2697: Mr. BERG. HOLT, Ms. EDDIE BERNICE JOHNSON of Texas, Territory or other Property belonging to the H.R. 2706: Mr. RIVERA. Mr. KILDEE, Mrs. LOWEY, Mr. MCCOTTER, Mr. United States; and nothing in this Constitu- H.R. 2717: Mr. LATOURETTE and Mrs. MCINTYRE, Mr. GEORGE MILLER of California, tion shall be so construed as to Prejudice MYRICK. Mr. QUIGLEY, Mr. REED, Mr. ROGERS of any Claims of the United States, or of any H.R. 2738: Mrs. LOWEY. Michigan, Mr. RUPPERSBERGER, Ms. SCHA- particular State.’’ H.R. 2765: Mr. GALLEGLY. KOWSKY, Mr. AUSTIN SCOTT of Georgia, Mr. By Mr. DOLD: H.R. 2787: Mrs. MALONEY. SCOTT of Virginia, Mr. SENSENBRENNER, Mr. H.R. 4235. H.R. 2827: Mr. OWENS and Mr. HOLT. SMITH of Nebraska, Mr. STUTZMAN, Ms. SUT- Congress has the power to enact this legis- H.R. 2834: Mr. CANSECO. TON, Ms. WILSON of Florida, Mr. WITTMAN, lation pursuant to the following: H.R. 2981: Mr. RANGEL and Mr. ELLISON. Mr. WOMACK, Ms. WOOLSEY, Mr. BILIRAKIS, Article 1, Section 8, clause 3, which pro- H.R. 3046: Ms. BALDWIN. Mr. GOODLATTE, Mr. HANNA, Mr. KING of New vides Congress the power to ‘‘regulate com- H.R. 3059: Mr. SULLIVAN, Mr. WESTMORE- York, Mr. LANGEVIN, Mr. NADLER, Mr. PAL- merce with foreign Nations and among the LAND, and Mr. LARSON of Connecticut. LONE, Ms. RICHARDSON, Mr. RIVERA, Mr. several States.’’ H.R. 3135: Mr. POMPEO and Mr. LAMBORN. RUSH, Mr. SARBANES, Ms. SCHWARTZ, Mr. By Mr. BRALEY of Iowa: H.R. 3145: Ms. JACKSON LEE of Texas. STARK, Mr. STEARNS, and Mr. WELCH. H.R. 4236. H.R. 3187: Ms. ZOE LOFGREN of California. H.R. 4066: Mr. BLUMENAUER. Congress has the power to enact this legis- H.R. 3200: Mrs. LOWEY. H.R. 4070: Mr. SCOTT of South Carolina. lation pursuant to the following: H.R. 3264: Mr. JORDAN. H.R. 4077: Mr. REYES and Mr. ROSS of Flor- This bill is enacted pursuant to the power H.R. 3269: Ms. CASTOR of Florida and Mr. ida. granted to Congress under Article I, Section COFFMAN of Colorado. H.R. 4115: Mr. JOHNSON of Ohio, Mr. SCOTT 8, Clause 18 of the United States Constitu- H.R. 3283: Mr. DAVID SCOTT of Georgia. of South Carolina, and Mr. WITTMAN. tion. H.R. 3307: Mr. PLATTS. H.R. 4124: Mr. HANNA. By Mr. FLEISCHMANN: H.R. 3308: Mr. MULVANEY. H.R. 4133: Mrs. BACHMANN, Mr. BUCHANAN, H.R. 4237. H.R. 3316: Mr. COHEN. Mr. RUNYAN, Mr. PLATTS, Mr. GARDNER, Mr. Congress has the power to enact this legis- H.R. 3364: Mr. HECK, Mr. SCHIFF, Mr. LEWIS PEARCE, Mr. MURPHY of Pennsylvania, Mr. lation pursuant to the following: of Georgia, Mr. ROHRABACHER, Mr. SIRES, Mr. SCHILLING, Mr. BURGESS, Mr. BISHOP of New Article I, Section 8, clauses 1 & 18. COURTNEY, and Mr. DEFAZIO. York, Mr. COURTNEY, Mr. CROWLEY, Mr. By Mr. PASCRELL: H.R. 3444: Mr. MURPHY of Pennsylvania. CUELLAR, Mrs. DAVIS of California, Mr. H.R. 4238. H.R. 3461: Mr. SIMPSON, Mr. ROTHMAN of ISRAEL, Ms. JACKSON LEE of Texas, Mrs. Congress has the power to enact this legis- New Jersey, Mr. SIRES, Mr. WITTMAN, Mr. LOWEY, Mr. MCINTYRE, Mr. RUPPERSBERGER, lation pursuant to the following: HANNA, and Mr. LANDRY. Ms. LINDA T. SA´ NCHEZ of California, Mr.

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DAVID SCOTT of Georgia, Mr. SHULER, Mr. Mr. LATHAM, Mrs. MILLER of Michigan, Mr. H.R. 3359: Mr. CLAY. THOMPSON of Mississippi, Mr. WALZ of Min- MARINO, Ms. BROWN of Florida, Mr. THORN- H.R. 3697: Mr. BUCSHON. nesota, Ms. SEWELL, Mr. TIPTON, Mr. LONG, BERRY, Mr. TIPTON, Mr. LONG, Mr. BARLETTA, Mr. BARLETTA, Mr. HUIZENGA of Michigan, Mr. HUIZENGA of Michigan, Mr. COSTA, Mr. Mr. SMITH of New Jersey, Mr. BROOKS, Mr. BARTON of Texas, Mr. FORBES, Mr. TERRY, f POMPEO, Mr. BERG, Mrs. HARTZLER, Mr. ROS- Mr. RUPPERSBERGER, Mr. CASSIDY, Mr. ROS- KAM, and Mr. PRICE of Georgia. KAM, Mr. HULTGREN, Mr. QUIGLEY, Mr. CUL- PETITIONS, ETC. H.R. 4134: Mr. COBLE and Mr. MARINO. BERSON, Mr. LUETKEMEYER, Mr. BILIRAKIS, H.R. 4174: Mr. MCINTYRE and Mr. COBLE. Mr. LEWIS of California, Mr. HECK, Mr. Under clause 3 of rule XII, petitions H.R. 4178: Mrs. MYRICK. MCCOTTER, Mrs. DAVIS of California, Mr. H.R. 4197: Ms. WASSERMAN SCHULTZ and Mr. and papers were laid on the clerk’s BARROW, Mr. POMPEO, Mr. FLEMING, Mr. desk and referred as follows: DEUTCH. BROOKS, Mr. SMITH of New Jersey, Mr. CROW- H.R. 4206: Mr. TIPTON. LEY, Mr. MICHAUD, Mr. ISRAEL, Mr. H.J. Res. 103: Mr. BACHUS and Mr. SENSEN- 38. The SPEAKER presented a petition of BUCHANAN, Mr. YODER, and Mr. WESTMORE- BRENNER. The Legislature of Rockland County, New LAND. H. Con. Res. 87: Mr. HANNA and Mr. KING of York, relative to Resolution No. 59 of 2012 New York. H. Res. 583: Ms. SCHAKOWSKY, Mr. CARNA- urging the Congress to pass H.R. 1084 and S. H. Res. 177: Mr. KEATING. HAN, Mr. GRIFFIN of Arkansas, and Mr. CAR- 587; to the Committee on Energy and Com- H. Res. 351: Mr. VAN HOLLEN, Mr. RANGEL, TER. merce. Mr. ROTHMAN of New Jersey, and Mr. CAR- f 39. Also, a petition of the Council of the DOZA. H. Res. 526: Mr. DEUTCH. DELETIONS OF SPONSORS FROM City of New York, New York, relative to Res- H. Res. 560: Mrs. LOWEY. PUBLIC BILLS AND RESOLUTIONS olution No. 892 urging the Congress to pass H. Res. 568: Mr. GARY G. MILLER of Cali- and the President to sign H.R. 873 and S. 453; fornia, Mr. PLATTS, Mr. PAULSEN, Mr. TIBERI, Under clause 7 of rule XII, sponsors jointly to the Committees on Transportation Mr. BACA, Mr. GARDNER, Mr. MCCLINTOCK, were deleted from public bills and reso- and Infrastructure and Energy and Com- Mr. PEARCE, Mr. MURPHY of Pennsylvania, lutions as follows: merce.

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TRIBUTE TO WILLIAM J. GPO’s plan for a new automated composition is a very special young man who has exempli- BOARMAN, 26TH PUBLIC PRINTER system, he emphasized efficiency and agency fied the finest qualities of citizenship and lead- OF THE UNITED STATES control over the GPO’s digital systems rather ership by taking an active part in the Boy than ceding operations to contractors. He de- Scouts of America, Troop 1412, and earning HON. STENY H. HOYER vised and won approval for a new annual in- the most prestigious award of Eagle Scout. OF MARYLAND vestment and spending plan for the GPO that Kevin has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES is 6 percent less than his previous year’s plan, participating in many scout activities. Over the many years Kevin has been involved with Wednesday, March 21, 2012 and which puts the GPO on a path finally to begin retiring several presses that are more scouting, he has not only earned 31 merit Mr. HOYER. Mr. Speaker, today I urge all than 30 years old. badges, but also the respect of his family, Members to join in commending William J. In other areas of the GPO, Bill’s achieve- peers, and community. Most notably, Kevin ‘‘Bill’’ Boarman, who honorably and skillfully ments were equally impressive. For example, served as his troop’s Patrol Leader and Bu- led the Government Printing Office, GPO, as he pushed forward with aggressive plans to gler. Kevin also contributed to his community the 26th Public Printer from January 3, 2011, make more GPO space available for lease to through his Eagle Scout project. Kevin re- to January 3, 2012. other agencies, and at the end of the year the stored a walking trail around St. Luke’s North- Bill slashed agency spending dramatically GPO was in active negotiations with several land Hospital in Smithville, Missouri. by eliminating nonessential hires, cutting organizations. As a former proofreader at the Mr. Speaker, I proudly ask you to join me in needless travel, restricting use of overtime and GPO, his return to the agency restored con- commending Kevin Kopp for his accomplish- reducing the GPO’s annual spending plan for fidence and bolstered employee morale. ments with the Boy Scouts of America and for 2011 by 15 percent. He held the line on salary Under his watch the GPO observed its 150th his efforts put forth in achieving the highest increases consistently with the President’s anniversary, opening an exhibit of its history to distinction of Eagle Scout. government-wide pay freeze. Bill created a the public and issuing a new book on its past, f specialized task force to collect funds owed to Keeping America Informed. Last month Bill IN MEMORY OF FREDERICK J. GPO and within months collected over a third made GPO history by appointing a highly GIORGI of the money due, some outstanding for seven qualified senior manager, Ms. Davita Vance- years. Cooks, as Deputy Public Printer, the first HON. TIM HOLDEN To avoid potential lay-offs in the future, Bill woman ever to hold that post, and with Bill’s OF PENNSYLVANIA authorized a buyout of up to 15 percent of his departure, she is today the first woman ever to IN THE HOUSE OF REPRESENTATIVES workforce, but excluding from eligibility em- head the agency. ployees in mission-critical positions. Together Mr. Speaker, Bill Boarman’s tenure as Pub- Wednesday, March 21, 2012 with his restrictions on new hires, the buyout lic Printer set a new standard of achievement Mr. HOLDEN. Mr. Speaker, it is with great plan achieved 94 percent of its goal and re- for his successors to emulate. In my judgment, sadness that I rise today to remember and duced the GPO’s staffing to its lowest level in the actions of a handful of Senators to block honor the life of my good friend, Frederick J. a century. This achievement will save GPO an up-or-down vote on the President’s nomi- Giorgi. Fred died on February 18, 2012, of and taxpayers tens of millions of dollars in fu- nation of Bill Boarman deprived Congress, natural causes at St. Joseph Medical Center ture years. Federal agencies, and the American public of in Reading, Pennsylvania. Bill also worked with the two appropriations his faithful service during this time of difficult Frederick Giorgi was born on December 3, committees to provide GPO with funding 15 transition when most needed. 1930. He was the son of the late Pietro and percent below the prior year but which none- Regardless what may come next, Bill Elvira Giorgi, natives of Ascoli Piceno, Italy. theless assures GPO’s ability to perform its Boarman can leave the Government Printing Fred was a proud 1948 graduate of Reading essential functions. To address questions Office confident that GPO is better than when Central Catholic High School and received a about the work GPO performs for Congress, he found it, and that he has left it in good and Bachelor of Science degree in 1952 from Bill provided persuasive testimony on the capable hands. Please join me in offering the Villanova University where he majored in Pre- value of the printing services that the GPO thanks of a grateful Nation to a dedicated pub- Law/Accounting. He later received a Juris performs while at the same time ordering the lic servant. We wish Bill only the best. Doctor degree from Dickinson School of Law first-ever survey of Congress’s printing re- f in 1955. quirements. This precedent-setting work, After earning his law degree, Fred served which was commended by the House Appro- PERSONAL EXPLANATION two years in the U.S. Navy before becoming priations Committee, resulted in the largest a founding partner in the law firm of Austin, single-year percentage reduction in the num- HON. PETE SESSIONS Boland, Connor, & Giorgi in Reading. During ber of printed CONGRESSIONAL RECORDS deliv- OF TEXAS this time he worked part-time at the family ered to Congress since the GPO began to IN THE HOUSE OF REPRESENTATIVES business, Giorgio Foods Inc., and its related transition to online versions in 1994. Wednesday, March 21, 2012 companies. In 1975, he left public practice to As a result of these and other efforts, Bill’s fully dedicate his time to the family business. annual report to Congress reported that the Mr. SESSIONS. Mr. Speaker, on rollcall No. Until his passing, Fred was the chairman of GPO ended the year with a net income of 113, had I been present, I would have voted, F&P Holding Company with subsidiaries $5.6 million, a positive result validated by an ‘‘yea.’’ Giorgio Foods, Inc., Giorgi Mushroom, Co., external auditor. Yet Bill’s leadership at the f Can Corporation of America, Maidencreek GPO was about more than cutting costs and HONORING KEVIN KOPP Plaza Co., and other companies in the U.S.A. improving financial returns. He made customer and Can Pack S.A., with operations in Poland, service GPO’s primary strategic goal, a direc- HON. SAM GRAVES the United Kingdom, Russia, Ukraine, India, tion that earned the agency applause in a gov- OF MISSOURI UAE, Spain, France, Morocco, Romania, the ernment-wide agency survey. He put GPO on IN THE HOUSE OF REPRESENTATIVES Czech Republic, Slovakia, Turkey, and Brazil. Facebook and ordered the development and Fred’s many personal and professional ac- release of the GPO’s first mobile Web applica- Wednesday, March 21, 2012 complishments were recognized with a num- tion. While continuing the development of Mr. GRAVES of Missouri. Mr. Speaker, I ber of awards, including a Career Achieve- GPO’s online Federal Digital System and the proudly pause to recognize Kevin Kopp. Kevin ment Award from Dickinson School of Law, an

● 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.

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His experiences as a high IN THE HOUSE OF REPRESENTATIVES sented with a 50-year Membership Award by school teacher, author, and librarian have fa- Wednesday, March 21, 2012 the Berks County Bar Association. cilitated his work on the TSCL Board of Trust- Fred’s wisdom and energy instilled in his ees. He participates in many local community Mr. GRAVES of Missouri. Mr. Speaker, I employees the desire and will to achieve well organizations in Westerly, RI. proudly pause to recognize Timothy M. Mat- beyond expectations. He regarded his employ- Treasurer Edward Cates served in the U.S. thews. Tim is a very special young man who ees so highly that he never missed an oppor- Army National Guard, U.S. Air Force from has exemplified the finest qualities of citizen- tunity to let them know they were his stars and 1965 to 1996. He serves as the principal fi- ship and leadership by taking an active part in rewarded them with company trips all around nancial officer for TSCL and also as the the Boy Scouts of America, Troop 28, and the world. Treasurer of the TREA Memorial Foundation. earning the most prestigious award of Eagle The charitable contributions Fred so quietly Cates is 1st Vice President of TREA Chapter Scout. Tim has been very active with his troop, contributed to his local community, the inter- 1 in Colorado Springs, CO. national community, and his beloved church participating in many scout activities. Over the Secretary Charlie Flowers served in the many years Tim has been involved with scout- are too numerous to mention. U.S. Air Force for over 21 years. He has Fred will be greatly missed by his family, ing, he has not only earned numerous merit served as the National President of TREA. badges, but also the respect of his family, colleagues, friends, and all of the lives that he Also, he served on the TREA National Board touched with his loyalty, compassion, gen- peers, and community. Most notably, Tim con- as a Director and as National Parliamentarian. tributed to his community through his Eagle erosity and humor. He resides in Denver, CO. Mr. Speaker and fellow colleagues, please Scout project. Tim planned and constructed a Michael Gales served in the U.S. military for flag pole for all veterans of the United States join me in remembering my dear friend, Fred 27 years and is a lifetime member of TREA Giorgi. military and to honor their service and sac- since 1988. He is active in his community and rifice. f he serves as President of the Patterson Ave- Mr. Speaker, I proudly ask you to join me in TRIBUTE TO CHAIRMAN LARRY nue Improvement Association in Baltimore, commending Timothy M. Matthews for his ac- HYLAND AND THE SENIOR CITI- MD. complishments with the Boy Scouts of Amer- ZENS LEAGUE BOARD OF TRUST- TREA Liaison Arthur Cooper served in the ica and for his efforts put forth in achieving the EES U.S. Army for over 20 years, completing his highest distinction of Eagle Scout. last tour as a Department of Nursing Edu- f cation NCOIC. He currently serves as the Na- HON. MIKE McINTYRE tional President of TREA. Cooper resides in HONORING THE HONOREES OF THE OF NORTH CAROLINA Gambrills, MD. MID-MAINE CHAMBER OF COM- IN THE HOUSE OF REPRESENTATIVES Immediate Past TSCL Chairman Daniel MERCE AWARDS Wednesday, March 21, 2012 O’Connell served in the U.S. Air Force for 29 Mr. MCINTYRE. Mr. Speaker, I am here to years, retiring as a chief master sergeant. His HON. MICHAEL H. MICHAUD congratulate Larry Hyland, the Chairman of U.S. Air Force career included service as the OF MAINE The Senior Citizens League (TSCL) and its Training NCO for the Queens College ROTC IN THE HOUSE OF REPRESENTATIVES Board of Trustee members for their work in Program. O’Connell also worked in protocol at Wednesday, March 21, 2012 the Air Force Space Command in Colorado educating the public and Congress about Mr. MICHAUD. Mr. Speaker, I rise today to Springs where he retired as Director of Pro- issues of utmost importance to America’s sen- recognize the Honorees of the 2012 Mid- tocol. iors. The Senior Citizens League represents Maine Chamber of Commerce Annual Awards over 1 million members nationwide and 3,844 The TSCL Board visits Capitol Hill in Wash- Dinner. The Mid-Maine Chamber of Com- in my Congressional district. ington several times a year to personally meet merce serves the people and business com- The Senior Citizens league is a non-profit, with Members of the U.S. House and Senate munity of the greater Waterville area, working non-partisan organization headquartered in Al- to consult with them about seniors’ issues. with the business community to strengthen exandria, Virginia, that strives to educate mil- TSCL is especially interested in Social Secu- economic opportunity throughout the region lions of seniors and Members of Congress rity remaining solvent and preserved for future and the state. through senior faxes, e-alerts, Public Service generations. Each year, the Mid-Maine Chamber recog- Announcements, newspapers ads, direct mail, Under the leadership of Chairman Larry nizes some of the outstanding businesses and and publications such as a monthly news- Hyland, The Senior Citizens League has strict- individuals that make Maine ‘‘the way life letter—The Advisor. ly adhered to its non-partisan status. Most no- should be’’ for all Mainers and Maine busi- Five members of The Retired Enlisted Asso- tably, Chairman Hyland has guided TSCL in nesses. These individuals and businesses are ciation (TREA) work tirelessly for The Senior its movement toward a more broad-based and committed to strengthening opportunity and Citizens League as non-paid volunteers to multi-issue organization. TSCL has become a prosperity in Maine. help our most elderly and low income seniors: leader on issues such as U.S.-Mexico Total- This year’s award recipients include Gil TSCL Chairman Larry Hyland, Vice Chairman ization (via FOIA documents), a Social Secu- Pelletier, recipient of the Distinguished Com- Thomas O’Connell, Treasurer Edward Cates, rity COLA to be based on a Consumer Price munity Service Award; Central Maine Dis- Secretary Charlie Flowers, and PAC Treasurer Index for the Elderly, Social Security Guar- posal, Business of the Year; Pamela Kick of Michael Gales. In addition, TREA Liaison Ar- antee, Social Security Trust Fund Lock-Box, Pinnacle IT, Business Person of the Year; Dr. thur Cooper and Past TSCL Chairman Daniel and Social Security Notch Fairness. Barbara Covey of the MaineGeneral SAFE O’Connell also serve on the Board of Trust- Each of the Board members has rendered Program, Outstanding Professional of the ees. military service to their country, and each has Year; the Waterville Public Library, Community Chairman Larry Hyland retired from the U.S. worked tirelessly to speak in behalf of seniors Service Project of the Year; Bruce Harrington Air Force as a senior master sergeant. During and The Senior Citizens League. Several of the Bank of Maine, ‘‘Rising Star’’ Award; the Vietnam War era, Hyland was an aircraft Members of Congress thanked them person- and Darla Frost of Kennebec Federal Savings, crew chief flying on missions into and out of ally for showing up in their offices, saying: ‘‘we the Customer Service Stardom Award. Vietnam and flew in the evacuations of 1975. never see representatives of some other sen- These recipients are among the best that After active duty, he launched a small busi- ior groups, but your organization always visits Maine has to offer. Through their leadership ness and later entered Federal civil service us.’’ and incredible commitment to their commu- working for 16 years before retiring from the Their determination to assist the most wor- nities and the region, Maine is a better place office of the Air Force Director of Operations, thy and needy of our citizens is commendable. to live and do business.

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Mr. Speaker, please join me in congratu- must also be stated that such sovereignty man JOHN GARAMENDI to take this opportunity lating the Mid-Maine Chamber of Commerce actually shields Justices from faltering with to recognize and congratulate Contra Costa and these individuals on their outstanding the public’s ceaseless waves of ever-changing County District 2 Supervisor Gayle Uilkema as beliefs, emotions, and culture. service and achievement. she retires after 37 years of public service. f f Supervisor Uilkema began her long career PERSONAL EXPLANATION in 1975 as a Lafayette Parks and Recreation HONORING BAHER MICHEL Commissioner, and was soon elected to the Lafayette City Council. She served five subse- HON. PETE OLSON HON. PETE SESSIONS quent terms on the City Council, where she OF TEXAS OF TEXAS left a strong legacy, after which she proudly IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES served four terms as Mayor of Lafayette. Wednesday, March 21, 2012 As the longest serving member of the Wednesday, March 21, 2012 Contra Costa County Board of Supervisors, Mr. SESSIONS. Mr. Speaker, on rollcall No. Mr. OLSON. Mr. Speaker, I am privileged to Gayle Uilkema has worked tirelessly on behalf 116, had I been present, I would have voted interact with some of the brightest students in of her constituents. Her knowledge and experi- ‘‘nay.’’ the 22nd Congressional District who serve on ence was integral in developing Lafayette’s my Congressional Youth Advisory Council. I f Veterans Memorial Building and the Lafayette have gained much by listening to the high A TRIBUTE TO THE MCCLUER Library and Learning Center, two projects school students who are the future of this NORTH HIGH SCHOOL STARS, which provided access to resources previously great nation. They provide important insight WINNERS OF THE MISSOURI unavailable to many in the community. She into the concerns of our younger constituents CLASS 5 STATE TITLE FOR BAS- was also instrumental in establishing the La- and hopefully get a better sense of the impor- KETBALL AND STATE CHAM- fayette Redevelopment Agency, which helped tance of being an active participant in the po- PIONS pass the first Road and Drain Bond in the litical process. Many of the students have writ- area. ten short essays on a variety of topics and I Gayle has accumulated numerous awards in am pleased to share these with my House col- HON. WM. LACY CLAY the course of her career, including recognition OF MISSOURI leagues. from the Metropolitan Transportation Commis- Baher Michel is a senior at Clements High IN THE HOUSE OF REPRESENTATIVES sion and the American Association of Univer- School in Fort Bend County, Texas. His essay Wednesday, March 21, 2012 sity Women. Gayle was named Alumna of the topic is: Select an important event that has oc- Mr. CLAY. Mr. Speaker, I rise today to pay Year by California State University—East Bay curred in the past 50 years and explain how tribute to Missouri’s own Class 5 State Basket- and was honored as Co-Citizen of the Year by that event has changed our country. Baher ball Champions, the McCluer North High the West County Business & Professional As- chose Marbury v. Madison. School Stars. sociation. Most recently she was recognized The United States Supreme Court is often McCluer North basketball and winning as the 2012 Lafayette Citizen of the Year a spring of controversy. With Marbury v. championships have become synonymous Award for her outstanding dedication and con- Madison the Court has ‘‘judicial review’’, with one another, thanks to the tireless leader- tributions to the community. power to deem any type of legislation as con- ship of head coach Randy Reed and his group Mr. Speaker, I invite my colleagues to join stitutional or unconstitutional, and thus, me in commending Supervisor Gayle Uilkema void. In other words, any government action of determined and talented young men. High school students Alex Bluiett, Greg Brown, for her committed and diligent service to La- or law can be challenged, brought in front of fayette and Contra Costa County. I am the Court, and whatever the Justices decide Galen Brown, Terrance Bush, Damon pleased to join her family, colleagues, and is final. The fact that it holds such enormous Clemons, Jacari Finley, Tremayne Garrett, power in government but yet is comprised of Jordon Granger, Dorian Holland, Keith Jones, friends in congratulating her on an outstanding a few unelected appointed Justices is per- Mario McCoy, Bryon Ray, Zac Taylor, and career and wish her the very best as she be- plexing. How can five, nine, or even ten indi- Latron Thomas are now State champions. gins a well-deserved retirement. viduals possibly reflect the American public f opinion? The Stars’ run of excellence is unparalleled. To claim that the Supreme Court is insular In the past 6 years, McCluer North has won HONORING TODD MATTHEW if not isolated of the real world would not be no fewer than 3 State championships and CALTON so outlandish of a claim. The fact that Jus- played for the State title 4 times, winning the tices are appointed and not elected by the State’s most daunting district tournament 6 of HON. SAM GRAVES general public is one indicator of a direct de- the past 7 years. This season alone, the Stars OF MISSOURI viation from the public’s opinion. Another is won 26 straight games, culminating in their IN THE HOUSE OF REPRESENTATIVES the fact that Justices serve in the Supreme heroic victory over their rivals, the Nixa Ea- Court for life (unless they are convicted and Wednesday, March 21, 2012 gles. Their recent victory marks a fitting end to impeached or they retire). Thus, while public Mr. GRAVES of Missouri. Mr. Speaker, I society and opinion may and inevitably a season of hard work and perseverance. evolves, appointed Justices remain in power, Their combination of athleticism, experience, proudly pause to recognize Todd Matthew succeeding to not reflect nor mirror the depth, and talent proved to be more than their Calton. Todd is a very special young man who public’s changing opinion. Contenders might most challenging competitors could handle. has exemplified the finest qualities of citizen- claim that such ‘‘insularity’’ is actually ben- Mr. Speaker, Coach Reed and the men of ship and leadership by taking an active part in eficial because the Supreme Court is not de- the McCluer North Stars are true examples of the Boy Scouts of America, Troop 397, and signed to reflect public opinion, but rather sportsmanship and character, and I urge my earning the most prestigious award of Eagle to merely interpret the Constitution. But Scout. then again, how can only nine people decide colleagues to join me in honoring their remark- able achievement. Todd has been very active with his troop, on what the Document meant as it relates to participating in many scout activities. Over the today’s cases? f While the Supreme Court does seem sov- many years Todd has been involved with ereign of public opinion, it is not completely HONORING CONTRA COSTA COUN- scouting, he has not only earned 53 merit secluded from it. A Justice appointee cannot TY DISTRICT 2 SUPERVISOR badges, but also the respect of his family, make it to the Court unless voted on by the GAYLE UILKEMA peers, and community. Most notably, Todd is United States Senate, comprised of directly a member of the Order of the Arrow and elected senators. So in essence, Justices earned the rank of Tom-Tom Beater in the should reflect public opinion not only be- HON. GEORGE MILLER OF CALIFORNIA Tribe of Mic-O-Say. Todd has also contributed cause the elected President chooses them, to his community through his Eagle Scout but also because the Senate confirms them. IN THE HOUSE OF REPRESENTATIVES project. Todd built an outdoor volleyball court In conclusion, it may appear undemocratic Wednesday, March 21, 2012 and thus paradoxical that one of our most at Kearney Bible Church in Kearney, Missouri, powerful branches in government is com- Mr. GEORGE MILLER of California. Mr. a project that took Todd and his team of vol- prised of unelected officials. However, it Speaker, I rise with my colleague Congress- unteers 340 hours to complete. Todd also

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3918 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 21, 2012 plans on serve our country in the United ning Commission’s Tysons Corner Committee program has become the nation’s largest States Marine Corps beginning in September since 2008 and has served as its Vice Chair- youth recognition effort based solely on com- 2012. man since 1997. He was first appointed by munity service, and has involved more than Mr. Speaker, I proudly ask you to join me in Board Chairman Kate Hanley, and re- 100,000 young volunteers at the local, state commending Todd Matthew Calton for his ac- appointed 3 times on motions of Board Chair- and national level. complishments with the Boy Scouts of Amer- men Gerry Connolly and Sharon Bulova. He It is my pleasure to commend Miles for his ica and for his efforts put forth in achieving the also chaired the Planning Commission’s Envi- energy and initiative in seeking to make his highest distinction of Eagle Scout. ronment Committee from 1997 to 2006. Walter community and world a better place to live. f has been a Virginia Certified Planning Com- His commitment and accomplishment is ex- missioner since December 1997. traordinary in today’s world and deserves rec- PERSONAL EXPLANATION Along with his service to the Fairfax County ognition. His actions remind us that young Planning Commission, he is an enthusiastic Americans can play an important role in our HON. ADAM KINZINGER coach for Reston Little League, manager of communities. OF ILLINOIS the Reston Warriors 12U baseball team and On behalf of the citizens of Central Florida, IN THE HOUSE OF REPRESENTATIVES serves on the steering committee of his Sun- I am pleased to recognize Miles Saffran’s self- lessness and enthusiasm for serving others Wednesday, March 21, 2012 day School class at the United Christian Par- ish in Reston. When not volunteering, he is and for making a difference. The kind of altru- Mr. KINZINGER of Illinois. Mr. Speaker, un- employed as the Vice President for Environ- ism evident in Miles’s efforts represents our fortunately I was unable to have my vote in mental Affairs and Industry Sustainability at brightest hopes for a better tomorrow. May his the House recorded on H.R. 665 the Excess the Consumer Electronics Association in Crys- efforts inspire others to follow in his footsteps. Federal Building and Property Disposal Act of tal City, where he commutes daily via the Fair- f 2011. If present, I would have voted ‘‘aye.’’ fax Connector and Metro. Previously, he Additionally, on final passage of H.R. 2087, worked as an environmental consultant spe- ‘‘STARS AND STRIPES: NO PROB- legislation to remove restrictions from a parcel cializing in the development of a national sys- LEMS WITH ‘DON’T ASK, DON’T of land situated in the Atlantic District, tem for recycling electronic equipment, co- TELL’ REPEAL’’ Accomack County, Virginia, I would have founded the 501(c)3 National Center for Elec- voted ‘‘aye.’’ tronics Recycling in 2005, and was a Deputy HON. BARNEY FRANK f Division Manager in the Technology Research OF MASSACHUSETTS Group for Science Applications International IN THE HOUSE OF REPRESENTATIVES HONORING WALTER ALCORN, 2011 Corporation (SAIC). Prior to his private sector FAIRFAX COUNTY CITIZEN OF Wednesday, March 21, 2012 employment, Walter was a Policy Aide in the THE YEAR Providence District Supervisor’s office. Mr. FRANK of Massachusetts. Mr. Speaker, Walter is a model of the best kind of civil whenever a legislative body deals with meas- HON. JAMES P. MORAN servant. I’m proud to congratulate him on his ures to prohibit or lessen discrimination OF VIRGINIA well-deserved award, and give my sincere against any group, opponents who do not wish IN THE HOUSE OF REPRESENTATIVES thanks for his unwavering service to Northern to affirm that they are prejudiced against that group often assert that there will be negative Wednesday, March 21, 2012 Virginia. f consequences if the antidiscrimination meas- Mr. MORAN. Mr. Speaker, I rise today to ure is adopted. Most recently, we heard dire congratulate Walter Alcorn, an exceptional CONGRATULATING MILES predictions from many supporters of the policy constituent, on his receipt of the 2011 Fairfax SAFFRAN, RECIPIENT OF THE of discriminating against gay, lesbian, bisexual County Citizen of the Year. Walter will receive 2012 PRUDENTIAL SPIRIT OF and transgender members of the military that this distinguished honor at the organization’s COMMUNITY AWARD allowing these patriotic Americans to serve 62nd Annual Awards Banquet on March 25, their country openly would be terribly disrup- 2012. Walter has exhibited outstanding civic HON. DANIEL WEBSTER tive. Apparently, there were many who be- service and selfless volunteerism, and this OF FLORIDA lieved that young Americans who serve in the honor is rightfully awarded. IN THE HOUSE OF REPRESENTATIVES military shared their prejudice. Walter’s recognition by the Fairfax County Despite their arguments, the repeal was Citizens Association offers only a glimpse into Wednesday, March 21, 2012 voted by the Congress in 2010 and very effi- his committed service to the residents of Mr. WEBSTER. Mr. Speaker, I am pleased ciently put into place by Defense Secretary Northern Virginia. Most recently, Walter’s in- to recognize Miles Saffran for exemplary vol- Panetta after full consultation with the Military volvement in Tyson’s Corner helped a great unteer service in his community. Miles, age Chiefs of Staff. It has now been about six deal in solving many of the complex planning 15, of Winter Park, has been named one of months since the ban on honesty among gay, issues. the top honorees in Florida by The 2012 Pru- lesbian, bisexual and transgender military per- As the Chair of the Planning Commission’s dential Spirit of Community Awards program, sonnel was dropped. And, as in many other Tysons Corner Committee, Walter led work to an annual honor conferred on the most im- cases—for example our laws protecting peo- translate the vision and recommendations of pressive student volunteers in each state and ple with disabilities, or our laws banning dis- the Tysons Corner Task Force into language the District of Columbia. crimination against women—the predictions of appropriate for the Fairfax County Com- Miles is a sophomore at Trinity Preparatory social chaos from opponents of fairness have prehensive Plan. For more than two years, School and has helped raise more than proven to be baseless. Walter led the Committee and worked with all $60,000 to fund three medical trips to Mexico Stars and Stripes, the widely regarded concerned stakeholders to develop consensus where he has served as the surgical youth co- newspaper that serves our military, and has a recommendations that were ultimately adopted ordinator for cleft lip and palate repair for Flor- long record of independence and integrity, by the Board of Supervisors in June 2010. In ida Hospital’s mission trips. While in Mexico, summed it up in an article on March 19th as March of last year, the Board of Supervisors Miles was responsible for assisting surgeons, follows: ‘‘Six months after the military ended requested that the Planning Commission de- organizing medicine, cleaning masks, and the controversial ‘‘don’t ask, don’t tell’’ law bar- velop an all-encompassing method to address comforting patients and their families. ring gays from serving openly, Pentagon offi- infrastructure financing, along with other The Prudential Spirit of Community Award cials and gay rights advocates say the policy Tysons-related implementation issues. Walter was created in 1995 by Prudential Financial in change has largely been a non-issue, with few has diplomatically made sure that this has re- partnership with the National Association of complaints and no major headaches resulting mained transparent throughout the entire proc- Secondary School Principals to encourage from the new rules.’’ ess. youth volunteers in their contributions to soci- It is true that there are some of those who Walter’s service goes back decades. He has ety, to emphasize the value of volunteerism, were opposed to this end to a discriminatory served on the Fairfax County Planning Com- and to inspire other young people to follow policy who continue to argue that there would mission since 1997. He has chaired the Plan- their example. Over the past 17 years, the have been problems if the Pentagon had not

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 3919 somehow mysteriously suppressed it. The no- his friends and others, Johnson eventually Gary’s lifelong career of service began tion that there is any significant degree of dis- came clean to his superiors. when he joined the United States Air Force satisfaction but there is no way that anyone As the political winds changed last year, during the late 1960s. After leaving the mili- Johnson said he was speaking with recruit- has been able to voice it—even anony- ers about returning even before the repeal tary, Gary became a public school teacher mously—is of course highly suspect. The fact went into effect last September. prior to moving to Minnesota in 1970 to attend is that is turns out that the young people in the ‘‘Their biggest issue was asking when I Luther Theological Seminary in Saint Paul. military do not share the prejudices of some of could start, not worrying about my personal After graduating from Luther Seminary in their would-be defenders, and the notion that life,’’ he said. ‘‘There has been no backlash, 1974, Gary began his career as a Lutheran military effectiveness has in any way been nothing to worry about.’’ Pastor, serving two churches near Granite damaged, or that we would see people leaving Repeal opponents remain skeptical. Elaine Falls, Minnesota prior to his election to the Donnelly, president of the conservative Cen- the military, have been shown to have no ter for Military Readiness, said plenty of Minnesota House of Representatives in 1996. basis. troops remain opposed to serving with open- Throughout his 15 years in the Minnesota Mr. Speaker, because it is important to have ly gay colleagues, but fear they’ll lose their Legislature, Gary touched many lives, and his this further example of the inaccuracy of the job if they object to the military’s new pro- absence will be felt by all who had the privi- predictions that are made when we seek to gay agenda. lege of knowing him. I was honored to serve ban discrimination against particular groups, ‘‘The entire administration . . . has im- with him for four years in the Minnesota and because this was such an important issue posed ‘zero tolerance’ policies against per- House of Representatives prior to his election sons who are not enthusiastic supporters of debated in this Congress, I ask that the article LGBT law,’’ she said. ‘‘This is what we pre- to the Minnesota Senate. He was a constant from Stars and Stripes be printed here. dicted, but the effects will not be seen quick- voice for the residents of the counties he [From the Stars and Stripes, Mar. 19, 2012] ly, especially in an election year.’’ served in southwestern Minnesota, making (By Leo Shane III) Much of the repeal fight has already shift- sure rural communities had an advocate at the ed to the next rights battlefield, whether SIX MONTHS AFTER REPEAL, MILITARY SAYS Capitol. same-sex couples should receive the same DADT DIED QUIETLY Whether serving our country, his Church or housing and medical benefits as their his constituents, Gary’s dedication to serving WASHINGTON.—Sgt. Pepe Johnson was sur- straight peers. prised by the reaction he received when his Sarvis said the current benefits rules cre- others was remarkable. His sense of duty and fellow soldiers learned that he is gay. ate two different classes of servicemembers. honor are irreplaceable, and his voice will be ‘‘They’ve pretty much shrugged it off,’’ Opponents argue that the rights groups are missed at the Capitol. said Johnson, who rejoined the Army last trying to use the military to force radical so- Mr. Speaker, please join me in this tribute to fall after nearly a decade away. ‘‘Most of cial changes. Senator Gary W. Kubly. them were wondering why I had a nine-year Meanwhile, Donnelly said that she has f gap in service. When I told them it was be- heard from a number of troops unhappy with cause of ‘don’t ask, don’t tell,’ they shrugged the changes, who are simply waiting for CAPTAIN THOMAS ‘‘BILL’’ DILLION it off. their contracts to expire before leaving the AND THE FIREFIGHTER’S PRAYER ‘‘That was a pleasant surprise.’’ service. That could cause major problems in Six months after the military dropped the coming months and years, she said. controversial ‘‘don’t ask, don’t tell’’ law bar- Petty Officer 1st Class Jeremy Johnson, a HON. TED POE ring gays from serving openly, Pentagon offi- member of active-duty gay-rights group OF TEXAS cials and gay rights advocates say the policy OutServe, said he anticipates more problems IN THE HOUSE OF REPRESENTATIVES change has largely been a non-issue, with in the future, although nothing to the extent few complaints and no major headaches re- of Donnelly’s predictions. Many of the gay Wednesday, March 21, 2012 sulting from the new rules. troops he knows have not yet talked about Mr. POE of Texas. Mr. Speaker, Monday Pentagon spokeswoman Eileen Lainez said their personal lives with their work col- the repeal is ‘‘proceeding smoothly across morning I attended the funeral of Captain leagues, somewhat delaying the cultural im- Thomas ‘‘Bill’’ Dillion of the Houston Fire De- the Department of Defense,’’ which officials pact of the repeal. there credit to the ‘‘enforcement of stand- ‘‘This was never about having people come partment. Captain Dillion was rushing into a ards by our military leaders’’ and flying out of the closet,’’ he said. ‘‘It was house fire on March 14 when he apparently ‘‘servicemembers’ adherence to core values about knowing you can’t be fired for being died of a heart attack. Captain Dillion has that include discipline and respect.’’ found out. There’s going to be a natural three children, was 49 years of age, and had Officials at the Servicemembers Legal De- transition as more people become com- spent 23 years with the Houston Fire Depart- fense Network, a pro-repeal group which of- fortable with the idea.’’ ment. Bill’s crew at Station 69 spoke about his fers free legal assistance to troops on dis- Johnson, who was forced from the military courage and how his contagious happy mood crimination issues, said they’ve heard only a in 2007, became the first openly gay person to few minor complaints from military mem- reenlist after the repeal was finalized. He was so infectious. He was a firemen’s fire- bers about the implementation of the repeal. said his commanders have warned him that fighter. ‘‘We had thought this would be largely a he could be singled out for his public role, Mr. Speaker, the firefighters have a prayer non-event, and that has been the case,’’ said but so far it hasn’t caused any real conflicts. to the Great Almighty about their public serv- Aubrey Sarvis, executive director of the ‘‘I anticipate that this isn’t over, but I ice, saving lives and saving property. Here is group. ‘‘I think the new regulations permit- don’t anticipate major problems, either,’’ he how the prayer reads: ting gays and lesbians to serve are unambig- said. When I am called to duty, God uous, and the commands have all made it f abundantly clear that this is the direction Wherever flames may rage the force is going.’’ HONORING THE LIFE OF STATE Give me strength to save a life Whatever be its age. Military leaders have seen pushback from SENATOR GARY W. KUBLY conservative groups on some high-profile Let me embrace a little child post-repeal stories—such as a picture of a Before it is too late gay Marine kissing his boyfriend which cir- HON. BETTY McCOLLUM Or save an older person from culated earlier this month—but haven’t OF MINNESOTA The horror of that fate. faced any lawsuits or mass resignations pre- IN THE HOUSE OF REPRESENTATIVES Enable me to be alert dicted by some opponents. Wednesday, March 21, 2012 And hear the weakest shout, Last month’s White House dinner honoring And quickly and efficiently Iraq War veterans included several same-sex Ms. MCCOLLUM. Mr. Speaker, it is with a To put the fire out. couples among the invitees, but in their re- heavy heart that I rise today to pay tribute to I want to fill my calling marks military leaders didn’t even note that the life of Senator Gary W. Kubly, public serv- To give the best in me, such a public display would have resulted in ant and Lutheran Pastor. Senator Kubly To guard my friend and neighbor those troops’ dismissal just a few months passed away earlier this month at the age of And protect their property. earlier. Johnson was booted out of the Army in 68, after a hard-fought battle with Lou Gehrig’s And, if, according to Your will, 2003 under ‘‘don’t ask, don’t tell.’’ After he Disease. As our community mourns the loss of I must answer death’s call, shared his secret with some friends, others in this beloved civic leader, we must pause to Please bless, with Your protecting hand, his unit started grilling them about his sex- celebrate Gary’s legacy and reflect upon his My family one and all. ual orientation. Feeling pressure from both years of service. And that’s just the way it is.

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3920 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 21, 2012 HONORING MILAN DOSHI dom to construct their courses, create more the enactment of the Patient Protection and effective ways of assessment, as well as pay Affordable Care Act. In the two years since its our teachers more. What this would inevi- enactment, the Affordable Care Act has been HON. PETE OLSON tably lead to is lesser involvement in edu- OF TEXAS cation, for kids my age, most of our daily good for seniors, good for women, good for IN THE HOUSE OF REPRESENTATIVES lives, and more freedom for teachers to fos- small businesses, and good for all Americans. As the Affordable Care Act is implemented, Wednesday, March 21, 2012 ter growth and meet the needs of individual students, as well as give students the free- it will continue to expand access to affordable, Mr. OLSON. Mr. Speaker, I am privileged to dom to express themselves without being re- quality health care for over 30 million Ameri- interact with some of the brightest students in stricted to the methods of the government. cans and will work to reign in the ever-esca- the 22nd Congressional District who serve on This is important in demonstrating the bal- lating costs of health care. Passage of the Af- my Congressional Youth Advisory Council. I ance that is necessary of government in our fordable Care Act was a major step toward ful- have gained much by listening to the high daily lives. If the government allowed stu- filling the promise all Americans were pledged: school students who are the future of this dents to embrace education, the United States would be able to be competitive with the promise of unalienable rights to life, liberty great nation. They provide important insight the education systems of other countries and the pursuit of happiness which quality into the concerns of our younger constituents around the world. With smarter future gen- healthcare embodies. and hopefully get a better sense of the impor- erations, America would not make the same For the people I represent in the 37th Dis- tance of being an active participant in the po- mistakes it made in the past that led to eco- trict of California, the Affordable Care Act will litical process. Many of the students have writ- nomic collapses such as the one that oc- improve coverage for 299,000 residents who ten short essays on a variety of topics and I curred during the Great Depression. Individ- already have insurance. It will give tax credits am pleased to share these with my House col- uals in the American government would fi- and other assistance to up to 146,000 families leagues. nally realize that they ought to play a small- er role in the economy by allowing it to be and 15,100 small businesses to help them af- Milan Doshi is a junior at Elkins High School the one that causes its own downfall and also ford coverage. Health care reform will also im- in Fort Bend County, Texas. His essay topic its own rebuilding. Over the past few years, prove Medicare for 63,000 beneficiaries in my is: In your opinion, what role should govern- it has become evident that the greater the district, including closing the prescription drug ment play in our lives? role that government plays in the economy, ‘‘donut hole’’ once and for all. Abraham Lincoln once said that this is a the further it goes into shambles and the In 2010, the Affordable Care Act made it ‘‘government of the people, by the people, for more jobs that are lost. This is important be- possible for 354,592 Medicare beneficiaries in the people.’’ Government is an entity that cause even though I have been fortunate California to receive a $250 rebate to help plays just as much a role in our lives as we enough to have a family that has not had to cover the cost of their prescription drugs when go through the stresses of job loss, the ef- allow it to play. As the current election is they hit the donut hole. In 2011, 319,429 just around the corner, many of the issues fects of thousands of jobs going away are that have prevailed in the presidential de- being felt by families all across the United Medicare beneficiaries received a 50 percent bates include what role the government States, affecting their daily lives, in how discount—an average savings of $538 per should play in our economy, foreign policy, they live and how they interact with the person—on brand-name prescription drugs and our daily lives. people around them. If the government did when they hit the coverage gap. That’s a total Many Americans believe that if the United not play as large a role as it is playing right savings of over $171 million for seniors in States had learned from the past, they would now, we would probably see the economy col- California alone! In my district, 3,200 seniors have realized that the greater the country lapse and then gradually begin to rebuild received prescription drug discounts worth got involved in the economy, with countries itself, creating more jobs, steadying the around the world, and in our daily lives, the economy, and more importantly, bringing $1.5 million, an average discount of $460 per greater the magnitude of the problems in the stability to families across the country. senior. status quo would become. Many Americans Thus, the role that government ought to The Affordable Care Act extends coverage believe that our government has not learned play in our lives should be one in balance to 92,500 uninsured residents of the 37th Dis- from the past and continues to make the and it ought to be the government’s respon- trict and will guarantee that 17,500 residents same mistakes that once made its popu- sibility to make sure their actions are prop- with pre-existing conditions can obtain the lation distraught. Even though our country’s erly affecting their population. However, in health insurance they need. Since enactment, interaction with foreign policy and the econ- situations where the government loses sight health care reform has extended insurance of the problems that lay ahead due to their omy may not directly impact us, the inter- coverage to 5,599 Californians through the action somehow influences a majority of actions, it becomes the peoples’ responsi- America’s population in their daily lives. bility to speak and make sure their voice is new Pre-Existing Condition Insurance Plan. This impact on the status quo and on the heard. Because, after all, as Abraham Lin- The Affordable Care Act protects 1,100 fam- population’s mindset is indicative through coln once said, this is a ‘‘government of the ilies from bankruptcy due to unaffordable stories in the news, through personal experi- people, by the people, for the people.’’ health care costs and currently allows 59,000 ences, and through observations of our sur- f young adults to obtain coverage on their par- roundings. ents’ insurance plans. The new law provides Overall, our government should understand PERSONAL EXPLANATION millions of dollars in new funding for 11 com- that the role that they play in our lives munity health centers in my district. And fi- should be in balance. Foreign policy has HON. PETE SESSIONS made our country one of the most powerful nally, it will reduce the cost of uncompensated OF TEXAS countries around the world. We have a pres- care for hospitals and other health care pro- tigious navy, a strong air force, and, most IN THE HOUSE OF REPRESENTATIVES viders by $125 million annually. importantly, the most dominating army that Wednesday, March 21, 2012 Mr. Speaker, as we approach the two year money can buy; however, in this case, Amer- anniversary of the enactment of the Affordable Mr. SESSIONS. Mr. Speaker, on rollcall No. ica’s dedication towards the development of Care Act, an attack on women’s access to af- 114, had I been present, I would have voted its army has preoccupied them to a point fordable, quality, and necessary healthcare ‘‘yea.’’ where it has reallocated funds from other services is underway. From the comments areas that desperately need them. This re- f allocation would allow the government to made by Rush Limbaugh about Georgetown play a more conservative role in our lives. If IN RECOGNITION OF THE SECOND Law Student Sandra Fluke, to Republican at- the funds that were dedicated towards for- ANNIVERSARY OF THE PATIENT tempts to roll back coverage and restrict ac- eign policy were reevaluated, I’m sure there PROTECTION AND AFFORDABLE cess to birth control, the GOP’s war on are places where cuts can be made and the CARE ACT women stands in stark contrast tothe Adminis- money saved be reallocated to other sectors. tration’s goal of ensuring that women have ac- This begs the question of which sector re- HON. LAURA RICHARDSON cess to the healthcare services they need to quires the money the most, based on its in- remain healthy. fluence on our daily lives. The education sec- OF CALIFORNIA As a female Member of Congress, I under- tor consists of the building blocks of this IN THE HOUSE OF REPRESENTATIVES stand that women have unique health care country and preoccupies most teenagers’ Wednesday, March 21, 2012 daily lives. If more money was invested in needs, and are often the ones who make this sector, we would be able to hire more ex- Ms. RICHARDSON. Mr. Speaker, I rise health care decisions for their families. I voted perienced teachers, give teachers more free- today to recognize the second anniversary of for and strongly support the Affordable Care

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 3921 Act because it provides important benefits for CONGRATULATING ELIZABETH past 37 years, Monica has anchored WSB– women and their families. The Affordable Care TRAN, RECIPIENT OF THE 2012 TV’s Channel 2 Action News. The character Act helps women by eliminating the discrimi- PRUDENTIAL SPIRIT OF COMMU- and amount of trust she has built as Channel natory gender rating system, making sure that NITY AWARD 2’s nightly newscaster is laudable, but perhaps insurance companies do not consider preg- more important are the barriers she broke as nancy grounds for denying coverage, and HON. DANIEL WEBSTER she developed that reputation. Born and doing away with all pre-existing conditions. OF FLORIDA brought up in the Civil Rights era, Monica be- came not only the first African-American, but Thanks to the Affordable Care Act, all Amer- IN THE HOUSE OF REPRESENTATIVES icans joining new insurance plans have the also the first woman to anchor a daily evening Wednesday, March 21, 2012 newscast on WSB in 1975. freedom to choose from any primary care pro- Throughout her long career, Monica has ac- vider, OB–GYN, or pediatrician in their health Mr. WEBSTER. Mr. Speaker, I am pleased to recognize Elizabeth Tran for exemplary vol- cumulated an even longer list of awards and plan’s network, or emergency care outside of unteer service. Elizabeth, age 17, of Orlando, achievements. All in all, she has won thirty the plan’s network, without a referral. Under has been named one of the top honorees in Local and Southern Regional Emmy awards. the Affordable Care Act, women joining a new Florida by the 2012 Prudential Spirit of Com- When she saw injustice or a story that needed health care plan can receive recommended munity Awards program, an annual honor con- to be heard, she was there reporting on it— preventive services, like mammograms, new ferred on the most impressive student volun- first at the 6 p.m. and 11 p.m. segments, and baby care and well-child visits, and an annual teers in each State and the District of Colum- later at 4 p.m. Her hard-hitting investigative wellness visit with no out-of-pocket costs. In bia. journalism cuts at all different issues. In 1992 2011, over 6 million people with private insur- Elizabeth is a junior at Cypress Creek High she spoke out on behalf of women and girls ance coverage in California gained preventa- School and has raised more than $20,000 to in Georgia when she found out that the Geor- tive service coverage with no cost sharing as support the Children’s Miracle Network in the gia High School Association’s all-male execu- a result of the Affordable Care Act. first two years of the ‘‘Miss Miracle’’ charity tive committee did not have a state-wide com- Before enactment of the Affordable Care pageant, an annual event that she created. petition for girls’ soccer or cheerleading. She Act, women could be charged more for indi- The ‘‘Miss Miracle’’ pageant is conducted in was awarded the Women’s Sports Journalism vidual insurance policies simply because of cooperation with Teens Go Green, an organi- Award for Local Television Reporting from the their gender. A 22-year-old woman could be zation co-founded by Elizabeth and dedicated Women’s Sports Foundation and Miller Lite for charged 150 percent the premium that a 22- to raising public awareness for protecting the her report. year-old man paid. In 2014, insurers will not environment. All ‘‘Miss Miracle’’ contestants Monica has been honored for bringing atten- be able to charge women higher premiums raise money to support the organization, and tion to a wide range of issues—from the ‘‘HOT than they charge men. The law takes strong those contestants who raise the most are FLASH! The Truth about Menopause’’ docu- action to control health care costs, including crowned ‘‘Miss Miracle.’’ mentary that won local and national awards in helping states crack down on excessive pre- The Prudential Spirit of Community Award 1994 to the ‘‘Prejudice and Hate: Georgians mium increases and making sure most of your was created in 1995 by Prudential Financial in and the Holocaust’’ documentary that led her premium dollars go toward your health care. partnership with the National Association of to win the Georgia Commission on the Holo- The Affordable Care Act also allows young Secondary School Principals to encourage caust’s Humanitarian Award in 1977. Her adults under the age of 26 to stay on their youth volunteers in their contributions to soci- sense of civic duty, compassion and curiosity parents’ health insurance plan. This provision ety, to emphasize the value of volunteerism, has distinguished her from her peers, winning has expanded access to health insurance cov- and to inspire other young people to follow an Emmy Award for Best Feature Program— erage for 2.5 million young people nationwide. their example. Over the past 17 years, the ‘‘Monica Kaufman Closeups,’’ the National In my district, 7,000 young adults have taken program has become the Nation’s largest Foundation for Women Legislators’ ‘‘Media Ex- advantage of this provision and are now cov- youth recognition effort based solely on com- cellence Award’’ and the Georgia Commission ered under their parents’ plan. munity service, and has involved more than of Women’s ‘‘2004 Georgia Woman of the 100,000 young volunteers at the local, State, Year.’’ This week, the House will consider a bill to and national level. While devoting her life to journalism, she repeal the Independent Payment Advisory It is my pleasure to commend Elizabeth for has also deeply involved herself in the com- Board established under the Affordable Care her energy and initiative in seeking to make munity. She remains a passionate supporter of Act. Having previously garnered bipartisan her community and world a better place to live the Metropolitan United Way, the organization support, the majority’s decision to attach a by supporting organizations such as the Chil- that helped her move beyond her poor back- medical liability provision to the underlying dren’s Miracle Network. Her commitment and ground to become an award-winning news- piece of legislation amounts to nothing short of accomplishment is extraordinary in today’s caster. Since then, she has served as Chair of a partisan ploy to score points with their base. world and deserves recognition. Her actions Atlanta’s United Way board, the first African- The language attached to the bill would remind us that young Americans can play an American and only the second woman. Her place caps on medical malpractice awards for important role in our communities. dedication to the organization might be due in pain and suffering at $250,000 and would On behalf of the citizens of central Florida, no small part to the fact that her daughter was override most state tort laws. Unfortunately, I am pleased to recognize Elizabeth Tran’s adopted through a United Way agency. In her the majority’s decision to include tort reform selflessness and enthusiasm for serving oth- own words, ‘‘United Way literally unites peo- language on a completely unrelated measure ers and for making a difference. The kind of ple.’’ demonstrates their refusal to work with Mem- altruism evident in Elizabeth’s efforts rep- United Way is not the only organization that bers across the aisle in order to further resents our brightest hopes for a better tomor- has touched Monica’s heart. For many years, strengthen the Affordable Care Act. row. May her efforts inspire others to follow in Monica ran in the Susan G. Komen’s Race for the Cure. She continued to run in the race and Mr. Speaker, the Affordable Care Act pro- her footsteps. f volunteer for the organization until the year vides American families with stability and she herself was diagnosed with breast cancer. peace of mind. Never again will they have to A TRIBUTE TO MONICA PEARSON Her reaction to this cancer is a story that truly choose between their health and their liveli- touched my heart. A very religious woman, hood. As a result of the Affordable Care Act, HON. DAVID SCOTT Monica did not let fear cripple her—instead 23,000 children and 90,000 adults in my dis- she left everything to God. She prayed, ‘‘Thy trict now have health insurance that covers OF GEORGIA IN THE HOUSE OF REPRESENTATIVES will be done, O Lord, not mine.’’ ‘‘If you are preventive services without paying any co- really strong in your faith, then you don’t worry pays, coinsurance, or deductibles. Wednesday, March 21, 2012 about the outcome,’’ she said. The outcome is I am proud to be a part of this historic Mr. DAVID SCOTT of Georgia. Mr. Speaker, obvious—Monica remains to this day a strong, health care policy change, and to be part of Monica Pearson is a familiar face to metro At- dedicated woman. She is both an inspiration the days ahead in which we will work to fur- lanta’s residents, though most know her by and a role model. Monica will be retiring in ther strengthen it. her former name—Monica Kaufman. For the July, but I know her character, personality and

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3922 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 21, 2012 spirit will not let her keep still. I wish her the committee on Children and Families. She is HONORING THE OUTSTANDING very best in her future endeavors, and may we also a senior member of the Senate Appro- PUBLIC SERVICE CONTRIBU- continue to hear of her excellent work for her priations Committee and Chairwoman of the TIONS OF LONGTIME JOHNS- community. God Bless. Commerce, Justice, and Science Sub- TOWN, PA ADMINISTRATOR JIM f committee. In my work as the House CJS WHITE Subcommittee’s leading Democrat, I have CONGRATULATORY REMARKS FOR been grateful for the partnership of my com- HON. MARK S. CRITZ OBTAINING THE RANK OF EAGLE panion in the other chamber. OF PENNSYLVANIA SCOUT Senator MIKULSKI is a pioneer who has IN THE HOUSE OF REPRESENTATIVES HON. SANDY ADAMS paved the way for many women. Throughout Wednesday, March 21, 2012 her career she has served as a mentor for Mr. CRITZ. Mr. Speaker, I rise to honor Jim OF FLORIDA women in congressional leadership and con- White, a true champion of the people and IN THE HOUSE OF REPRESENTATIVES tinues to create partnerships to focus the spot- small businesses of Johnstown, PA. Next Wednesday, March 21, 2012 light on women. month, Jim will retire from his post as Mrs. ADAMS. Mr. Speaker, I would like to Her contributions go beyond the walls of Johnstown’s Director of Community and Eco- congratulate Joshua Beard for achieving the Congress and she continues to be an integral nomic Development. In this capacity, he man- rank of Eagle Scout. part of her community, greeting constituents ages millions of dollars in federal subsidies Throughout the history of the Boy Scouts of and lending a hand to empower and help supporting homeowner assistance, street pav- America, the rank of Eagle Scout has only make a difference. She continues to fight to ing and annual demolitions, and oversees the been attained through dedication to concepts give Maryland the resources necessary to city’s planning, zoning, code enforcement and such as honor, duty, country and charity. By compete in a global economy. economic development efforts. Jim became Johnstown’s Economic Devel- applying these concepts to daily life, Joshua I invite my colleagues to join me in honoring opment Coordinator in March of 1998. Since has proven his true and complete under- this notable woman who is making history and then, he has helped to revitalize the city’s standing of their meanings, and thereby de- extend our gratitude for her service and wish the senior Senator from the State of Maryland downtown storefronts and improve the city’s serves this honor. infrastructure by stimulating investment in good health and good times. I offer my congratulations on a job well done neighborhood businesses and cultivating and best wishes for the future. strong relationships with local entrepreneurs. f f Thanks to Jim’s outstanding leadership, the HONORING THE SERVICE OF STEPHANIE GLANCE NAMED MVC American promise of opportunity is alive and SENATOR BARBARA MIKULSKI COACH OF THE YEAR well for all those who live and work in Johns- town. Jim is the sort of visionary leader our cities HON. CHAKA FATTAH HON. TIMOTHY V. JOHNSON need more of. No matter how much he has OF PENNSYLVANIA accomplished for the city of Johnstown, he OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES has never stopped seeing it for what it could IN THE HOUSE OF REPRESENTATIVES Wednesday, March 21, 2012 be, rather than for what it is. In 2009, Jim played a key role in formulating a master plan Wednesday, March 21, 2012 Mr. FATTAH. Mr. Speaker, I rise today to for the future of the city. Not even three years pay tribute to an accomplished and distin- Mr. JOHNSON of Illinois. Mr. Speaker, I rise later, officials have already begun to imple- guished member of the United States Senate today to honor Stephanie Glance, Illinois State ment several of the projects this document who is achieving a milestone worthy of rec- University’s women’s basketball coach, for proposed, including a plan to comprehensively ognition in this body. being named the 2012 Coach of the Year in improve access to Main Street, one of the Senator BARBARA MIKULSKI is the longest- the Missouri Valley Conference. Glance guid- city’s main thoroughfares. serving woman in congressional history. Be- ed ISU to an 18–12 record in advance of their Mr. Speaker, on behalf of a grateful commu- fore being sworn into the Senate in 1986, appearance in the Women’s National Invitation nity, I want to wish Jim the best of luck as he Senator MIKULSKI served in this chamber for Tournament on March 15th. She is in her sec- prepares to begin a new chapter in his life. five terms. She has now served the people of ond year as head coach of the Redbirds, after Having worked with him for over a decade, I Maryland for more than 35 years. 15 seasons as an assistant at North Carolina know that his strong leadership skills and eter- Senator MIKULSKI is the daughter of Polish State and one at Tennessee. nal optimism will serve him well in whatever American small-business owners, who taught he chooses to do next. The ISU women’s team finished second in her the meaning of hard work. She attended f Mount Saint Agnes College and the University the regular season this year after returning TRIBUTE TO THE ‘‘WELCOME of Maryland, where she earned a degree in just one of its top six scorers and landing sixth HOME’’ VIETNAM VETERANS Social Work. The inequities she observed dur- in the MVC preseason poll. Glance was CELEBRATION ing those years are what drove her to become named Maggie Dixon Division I Rookie Coach a voice for her community. An activist, she or- of the Year in 2011. ganized community members to stand up Glance credited her players for being eager HON. CHARLES A. GONZALEZ against a local plan to build a 16-lane highway to learn and improve. ‘‘They respond so posi- OF TEXAS through neighborhoods in Baltimore, indeed tively to anything you talk to them about,’’ she IN THE HOUSE OF REPRESENTATIVES she was successful. said. ‘‘It’s really a special group.’’ She also Wednesday, March 21, 2012 Her career as a government leader began in pointed to assistant coaches Sheila Roux, Mr. GONZALEZ. Mr. Speaker, I ask my col- 1971, when she was elected a member of Bal- Danielle Santos, and Ryan Bragdon for their leagues to join me in paying tribute to the val- timore’s City Council. Prior to becoming the contributions. ‘‘My staff works really hard. iant service of Vietnam War and Vietnam-Era first Democratic woman sworn into the Senate They are very driven,’’ said Glance. ‘‘They are Veterans who are being honored at the ‘‘Wel- in 1986, she served ten years as a Represent- people who want to be their best. This is not come Home’’ Vietnam Veterans Celebration in ative of Maryland’s 3rd Congressional District. some kind of individual award. It’s about the San Antonio, Texas. Without a doubt, Senator MIKULSKI’s admi- whole program.’’ This celebration is an important opportunity rable leadership trajectory is reflected through I would like to congratulate Stephanie to thank the veterans of the Vietnam War and the varied roles she has held in Congress. Glance on a great year at the helm of the provide them with the welcoming that many She has advanced initiatives involving wom- Redbirds. The players and their families, as did not receive at the completion of their noble en’s reproductive rights and women’s health well as Redbird fans and the entire Illinois service to our country. It is important and fit- issues. She is currently a senior member of State University community are extremely ting that our nation recognizes the brave serv- the Health, Education, Labor and Pensions proud of her accomplishments and contribu- ice men and women who made profound sac- Committee and Chairwoman of the Sub- tions. rifices in the Vietnam War including the more

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 3923 than 58,000 Americans who lost their lives Who so left his greatest loves of all, FOURTH ANNUAL NATIONAL ASSO- and the more than 300,000 who were wound- to go off to war, to so answer that most CIATION OF CHAIN DRUG ed during the Vietnam War. noble of all calls! STORES RxIMPACT DAY ON CAP- The celebration is to be held on March 30, That call to faith and honor, and so death, ITOL HILL 2012 commemorating the historic withdrawal that which so stands above all else, no less! of United States troops from Vietnam on Armed, but with only his fine faith . . . HON. LEE TERRY March 30, 1973. The celebration will recognize which so let him march off to war, him so led! OF NEBRASKA veterans in attendance with a presentation of IN THE HOUSE OF REPRESENTATIVES the colors and full military honors. As he walked through that valley of death, Throughout American history, our brave as his loved ones at home cried and prayed! Wednesday, March 21, 2012 men and women have answered the call to As a most magnificent member of The Spe- Mr. TERRY. Mr. Speaker, this week is the cial Forces yet . . . protect and defend our democracy. And while Fourth Annual National Association of Chain 7 tours no less! our nation may be divided on other issues, we As Freedom Fighter, was but his most heroic Drug Stores RxIMPACT Day on Capitol Hill, must always stand together in honoring the course so stepped! where we recognize the pharmacy’s contribu- service and valor of our veterans. I would And came back home to such a wonderful tion to the health care system. Hundreds of again ask you to join me in recognizing this family . . . representatives from the pharmacy commu- celebration for those who honorably served a wife and two beautiful little daughters, to nity—including practicing pharmacists, phar- and sacrificed for our country. be so blessed! macy school faculty and students, state phar- f Oh it’s not fair, please Lord God but hear our macy leaders, and pharmacy company execu- prayers! tives—will visit Capitol Hill to share their views HONORING EDWARD ‘‘DUANE’’ How much more pain, can but one family so about the importance of supporting legislation CANTRELL AND HIS DAUGHTERS bear? that protects access to neighborhood phar- ISABELLA AND NATALIA Let somehow this pain give way from here macies and utilizes pharmacists to improve ... the quality of care and reduce the cost of HON. MIKE McINTYRE But, some answers to some questions can health care. OF NORTH CAROLINA only be found but in our faith! Pharmacists are the nation’s most acces- IN THE HOUSE OF REPRESENTATIVES So listen closely on the wind . . . sible healthcare providers, and are important Wednesday, March 21, 2012 Can you but not so hear our Lord from up providers in communities across America. above so then . . . Pharmacists serve an important role in our Mr. MCINTYRE. Mr. Speaker, I rise today in As when there comes a gentle rain, health care system as they help improve qual- honor, at the laying to rest of Special Forces all in your heartache, all in his love to so ity and lower health care costs. For over a Edward ‘‘Duane’’ Cantrell and his two lovely ease your pain . . . century, they have made a difference in the daughters Isabella and Natalia, who were 6 And you his lovely wife, must somehow let lives of my fellow citizens in Nebraska, as well and 4 years old, respectively, at Arlington Na- your soul burn bright . . . as Americans throughout the nation. tional Cemetery. Duane was, and will always And for you and them somehow so carry on Pharmacists received specialized edu- this night! be an American Hero, serving 7 tours in Iraq cational training that allows them to play a and Afghanistan before perishing with his two And sometime into the future start a new life! major role in our health care system. These daughters in a house fire in North Carolina. important services include medication therapy He was a wonderful farther and husband. Our And you his son, as thy will be done! Will grow up to be, such a fine man as he . . . management, disease state management, im- hearts wave heavy for him and his family, and munizations, and healthcare screenings. Phar- especially for his wife Louise who has lost the For you have his heart you indeed! In you, him we will always see! macists are also uniquely qualified to educate three greatest loves of her life and his son and help patients manage their medications, Kenny from his first marriage. Our prayers lie For this you must believe! For a child not to live its full life! which is extremely important to helping keep with this great American family on this day. Is but the greatest of all curses, that which our population healthy and control costs. Fortunately, Duane got a chance to come on does not seem right! On this day, I hope you will join me in cele- a wounded warrior tour a few months before But, take comfort on this night! brating the value of pharmacy and support ef- his death, and raved to his family and had For these children lie in our Lord’s arms, forts to protect access to neighborhood phar- planned to come back with the rest of his fam- with smiles so very bright! macies. ily. He got to see this great Temple of Free- For Heaven, don’t we all pray for such the f dom that him and his brothers had fought and sight? died for. I ask that this poem penned in their So hush little babies, and don’t you cry . . . IN OPPOSITION OF H.R. 3606—THE honor by Albert Caswell be placed in the For you are up with our Lord on high! JUMPSTART OUR BUSINESS RECORD. And your Father is right there, all by your STARTUPS ACT Our Faith This Day side . . . Our . . . In The Army of our Lord, this very night! HON. JANICE D. SCHAKOWSKY And one day too, Our Faith This Day . . . OF ILLINOIS your Mother and your Grandparents . . . Somehow! IN THE HOUSE OF REPRESENTATIVES Some way! My children, will so rise all to meet you! Must show us all the way! As they wipe those tears from their eyes . . . Wednesday, March 21, 2012 And as we lay your fine bodies down to sleep! All because of their faith this day, so very Ms. SCHAKOWSKY. Mr. Speaker, on So very deep . . . deep down inside . . . March 8, I voted against H.R. 3606, the So down to rest, we pray to our Lord God to Our faith this day! Jumpstart Our Business Startups Act. H.R. all of these to bless . . . Is but the only way . . . 3606 has the admirable goal of increasing ac- Let now our courage somehow crest . . . To Heaven we shall all so rise! Give us the strength, to but so take just one cess to capital for small businesses, a goal And now as we lay them down to sleep! that I strongly support. Unfortunately, I cannot more step! Daddy, and his little girls all in our souls we support the legislation because, at the same All in our faith this day . . . will so keep! All in our gravest of all pain, so very deep! As all in our hearts of love, now so buried so time that it seeks to help small businesses, it For one of America’s very best, and his most very deep! takes away critical protections for investors. beloved daughters oh so very sweet! As on this day, because of all of this heart- In the wake of the Enron scandal, Congress As upon all of our faces our most swollen acted to improve corporate transparency and tears, we now so weep! ache we now so weep! And for them, and us . . . Our Faith This give potential investors—particularly small in- Our faith this day . . . vestors—access to the information they need Must somehow, show us all the way! Day, we all shall keep! Amen! to make sound financial decisions. H.R. 3606 From such heartache, and such death! In loving memory of CW2 Edward ‘‘Duane’’ The way to hope and faith, so to our hearts eliminates many of those provisions and, by Cantrell, Isabella, and Natalia to bless! doing so, leaves unsophisticated investors vul- —by Albert Caswell The same kind of faith that which so led, nerable. We can and should promote the inter- this fine hero off towards death! ests of American entrepreneurs and small

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3924 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 21, 2012 business owners without taking away recently commitment to God in every community he ON THE RETIREMENT OF C–SPAN passed rights for small investors. It is the has served. FOUNDER AND CEO BRIAN LAMB wrong medicine for American small business Chaplain Hickerson is a proud husband of growth. Mrs. Hickerson, where they live a happy life HON. FRANK R. WOLF The bill would give new companies up to raising their daughter, Octavia Belle. He has OF VIRGINIA five years to raise money from the public, learned, served, preached and taught nation- IN THE HOUSE OF REPRESENTATIVES eliminating the current requirements that an ally and internationally and is currently the Wednesday, March 21, 2012 assessment of the soundness of the com- seventh pastor of the historic Springfield Bap- pany’s internal controls be included as part of tist Church of Washington, DC. Mr. WOLF. Mr. Speaker, I rise today to rec- the financial statement audit and made avail- On behalf of Washington’s Eighth Congres- ognize and honor Brian Lamb, the founder able to investors. That allows companies to sional District, it is my pleasure to introduce and CEO of C–SPAN, who recently an- raise money from unsophisticated investors our Guest Chaplain for today, Rev. Dr. Carl nounced his decision to retire. without reasonable oversight of a company’s Que Hickerson. Mr. Lamb founded the non-profit educational operations. f network 34 years ago and since then has It would enable crowd-funding, mass solici- worked tirelessly to bring live coverage of gov- tations to investors who will now lack basic in- RECOGNIZING THE VICTIMS AND ernment and politics to the American people. formation about a company’s financial sound- TRAGEDY CAUSED BY RECENT Before Mr. Lamb created C–SPAN, most ness, a practice that is not currently allowed. STORMS Americans had to rely exclusively on news re- H.R. 3606 would increase the amount of ports about what their representatives said capital that companies can raise from the pub- HON. TIMOTHY V. JOHNSON and did in Washington. Because of his vision, lic without triggering the full reporting and OF ILLINOIS millions of Americans everyday can see and other obligations that are required under cur- IN THE HOUSE OF REPRESENTATIVES hear government in action for themselves. I have had the privilege of working with Mr. rent law. That reporting includes compensa- Wednesday, March 21, 2012 tion—including golden parachute compensa- Lamb over the years and I am a proud sup- tion—of executives, making it incredibly dif- Mr. JOHNSON of Illinois. Mr. Speaker, I rise porter of his efforts to make government trans- ficult for even sophisticated shareholders to today in solemn recognition of a tragedy that parent and accessible. understand the status of their investment. In took place in my home State of Illinois and I commend Mr. Lamb for his vision, humility addition, it eliminates the Dodd-Frank require- throughout the Midwest last week. On Feb- and his commitment to educating Americans ment that shareholders approve compensation ruary 29th, storms ravaged homes and busi- about history and the government. I wish him packages for emerging growth companies. nesses leaving 39 people dead due to the se- all the best in his future career endeavors. I The JOBS Act would promote uncertainty, vere weather that swept through the middle of commend the following article to my col- undermine capital markets, and therefore in- the country. leagues. crease the cost of capital for the same small I offer my condolences to the families who C–SPAN FOUNDER LAMB STEPS DOWN AFTER businesses it is meant to help. It would put us have lost loved ones in this tragedy. I know 34 YEARS on a return course toward laissez-faire eco- that my words offer little in the way of comfort, (By Paul Farhi) nomics that previously led to the collapse of but I must offer them, for the families that Want to know just how purposefully un- enormous companies to the economic ruin of have been affected are in my thoughts and glamorous and resolutely non-partisan is C– their employees and investors. It is for these prayers. The lives taken in these recent SPAN, the pioneering public-affairs TV net- reasons that H.R. 3606 is opposed by the events are truly a misfortune to behold. I work founded by Brian Lamb in 1978? Consider this: In countless appearances Council of Institutional Investors, the Con- mourn the lives lost and feel heartfelt sorrow for the families that have been denied future spanning thousands of hours of interviews sumer Federation of America, AARP, Ameri- and call-in programs, Lamb has never once cans for Financial Reform, the North American time with their loved ones. I ask my country- uttered his own name on the air. Too showy. Security Administrators Association, and other men for their assistance to help alleviate the Too much like regular TV, which is what consumer and investor organizations. anguish of the victims of this disaster, either Lamb, a stolid Hoosier, has always sought to I urge my colleagues in the Senate to con- through volunteering or by being there for your avoid. sider the ramifications of this legislation if it neighbor in their time of need. ‘‘No one does that here,’’ he protested on Monday. ‘‘We just don’t do it. It’s always comes up for consideration. While it is difficult to find positives amidst such a catastrophe, upon further examination, been part of our mission not to make us the f center of attention .... We’re the antith- admiration and honor should be recognized. esis of everything you see on commercial tel- HONORING REV. DR. CARL QUE As we can see across the country, there are evision.’’ HICKERSON stories of courage, generosity, selflessness, So Lamb, typically, also wasn’t making a and kindness. These acts deserve our praise. big deal about the news C–SPAN buried in HON. DAVID G. REICHERT At this moment, there are people volunteering the second paragraph of a news announce- ment it issued in the dead of Sunday OF WASHINGTON to help rebuild communities that have been evening: that after 34 years as C–SPAN chief IN THE HOUSE OF REPRESENTATIVES damaged and destroyed. Such communities are a representation of a cause greater than executive, he’s stepping down from running Wednesday, March 21, 2012 the Washington-based operation he con- one’s self. By helping to rebuild a neighbor- ceived and built. Mr. REICHERT. Mr. Speaker, I rise today to hood people are demonstrating their belief in Lamb, 70, isn’t fading away entirely. He’ll thank our guest chaplain, Rev. Dr. Carl Que an altruistic form of living. I offer my admira- continue as executive chairman of the non- Hickerson for dedicating his life to the faith tion to the volunteers’ courage and sacrifices profit organization and as host of ‘‘Q & A,’’ and to his community. made in the face of extreme adversity. I thank his Sunday interview program. He also plans Rev. Hickerson has been preaching the the Red Cross, the Salvation Army, Team Ru- to continue teaching, primarily at Purdue word of God his entire life and has made it his bicon, and other organizations for their efforts University, his alma mater. But he’s handing over day-to-day oper- goal to share his passion with others. during this crisis. Their support has proven to ations to two successors-in-waiting: current Rev. Hickerson grew up in a religious me that these storms may destroy homes, co-presidents Rob Kennedy, 55, and Susan household where he received guidance from level businesses, and take valuable lives in Swain, 57, both longtime C–SPAN hands. his father, Rev. Dr. Willis M. Hickerson and the process, but they cannot destroy the ‘‘This has been something I’ve wanted to was called to become a preacher at a young human spirit. One person’s willpower is do for a while,’’ Lamb said. ‘‘I wanted an or- age. stronger than wooden buildings, brick founda- derly transition when everyone was ambula- Through his ministry, he has many accom- tions, and steel structures. During times of tory and standing up, with some thought be- hind it.’’ plishments. The Reverend helped revitalize great hardship, Americans have routinely Lamb was a young naval officer in the the youth ministry of his home church in Penn- made a determined effort to move forward. 1960s who used to slip over to the Capitol sylvania, significantly increased church mem- So, to all those that have been affected by this from the Washington Navy Yard to watch bership wherever he has served, established tragedy: victims, rescuers, and volunteers floor debates in the House and Senate. He various mission ministries and invigorated the alike, may God bless you all. later served as a telecommunications staffer

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 3925 in the Johnson and Nixon administrations rhythm of the place going,’’ he said. ‘‘We’ve PERSONAL EXPLANATION and as a press secretary for Colorado Sen. established a good transition. I don’t think Peter Dominick (R). my departure will be more than a blip on the As the Washington bureau chief of the radar screen.’’ HON. PETE SESSIONS cable TV trade magazine Cablevision in the OF TEXAS 1970s, Lamb cooked up the idea for a network f IN THE HOUSE OF REPRESENTATIVES that would cover, with utter dispassion, the Wednesday, March 21, 2012 congressional debates that he’d witnessed HONORING ROHAIL DADWANI during his Navy days. Lamb rustled up the Mr. SESSIONS. Mr. Speaker, on rollcall No. money from some public relations-conscious HON. PETE OLSON 115, had I been present, I would have voted cable barons and set about convincing the OF TEXAS ‘‘nay.’’ House to let TV cameras onto the floor. f C–SPAN, which stands for Cable Satellite IN THE HOUSE OF REPRESENTATIVES Public Affairs Network, was among the first Wednesday, March 21, 2012 OUR UNCONSCIONABLE NATIONAL nationally distributed cable channels, fol- DEBT lowing after the debut of HBO, Showtime, Mr. OLSON. Mr. Speaker, I am privileged to Pat Robertson’s CBN Network, and WTBS, interact with some of the brightest students in Ted Turner’s ‘‘super station.’’ It is now com- the 22nd Congressional District who serve on HON. MIKE COFFMAN posed of three networks, plus a Washington my Congressional Youth Advisory Council. I OF COLORADO radio station (WCSP, 90.1 FM), and a massive have gained much by listening to the high IN THE HOUSE OF REPRESENTATIVES and historically rich video archive of con- school students who are the future of this Wednesday, March 21, 2012 gressional sessions, hearings, speeches, cam- paign rallies, think-tank conferences, author great Nation. They provide important insight Mr. COFFMAN of Colorado. Mr. Speaker, interviews and what-have-yous from C–SPAN into the concerns of our younger constituents when George W. Bush was inaugurated, the over the years. and hopefully get a better sense of the impor- national debt was $5,727,776,738,304.64. Lamb holds the distinction of being the tance of being an active participant in the po- When Barack Obama was inaugurated, the only one of those early network founders not litical process. Many of the students have writ- national debt was $10,626,877,048,913.08. to become a billionaire from his creation. On ten short essays on a variety of topics and I This was a $4,899,100,310,608.44 increase in the other hand, he says, ‘‘I never wanted to am pleased to share these with my House col- be rich. I wasn’t the slightest bit interested 8 years. Today, the debt is in that.’’ leagues. $15,583,383,846,149.34, which means that He had to settle instead for helping to rev- Rohail Dadwani is a senior at Clements President Obama has raised the debt more in olutionize the political culture of Wash- High School in Fort Bend County, Texas. His just over 3 years than President Bush did in ington. What MTV did for popular music— essay topic is: In your opinion, what role 8 years. that is, helped make it theatrical and vis- should government play in our lives? This is debt our nation, our economy, and ual—C–SPAN did for Congress and the wonks Government is crucial in our lives. With- our children could have avoided with a bal- who follow it. out government, we would all be barbarically anced budget amendment. C–SPAN’s gavel-to-gavel coverage of the fighting for the limited amount of resources f House changed the spontaneous, free- we have available. Government helps our so- wheeling debates on the floor into more ciety function the way it is, but just like HONORING THE 40TH ANNIVER- scripted and polished speeches played for the anything else, too much of a good thing can TV cameras, said Charles Johnson, a former SARY OF TAN HOLDINGS COR- be bad. Therefore, government intervention PORATION House parliamentarian. Members became should be limited on our lives. Too much conscious that their words weren’t just going government control can lead to dictatorships into the Congressional Record; they now had or the government playing a ‘‘Big Brother’’ HON. GREGORIO KILILI CAMACHO an audience at home, leading to charts and kind of role. This ‘‘Big Brother’’ type of rule SABLAN props and camera-friendly displays that would be bad in the long run because the OF THE NORTHERN MARIANA ISLANDS hadn’t existed before. people would lose faith in the government, so It also led to an increase in grandstanding. the citizens would try to find any way they IN THE HOUSE OF REPRESENTATIVES In 1984, the fiery, after-hours speeches of a can to overthrow the government. Govern- young Republican backbencher named Newt Wednesday, March 21, 2012 ment’s role should be to help society but Gingrich (R–Ga.) so angered House Speaker within its boundaries set by society. Cross- Mr. SABLAN. Mr. Speaker, forty years Tip O’Neill (D–Mass.) that he ordered the ing these boundaries can lead to too much ago—on July 24, 1972—Tan Siu Lin, arrived House cameras (then as now under House government intervention in our society. I in Guam from Hong Kong with a young family, control) to pan the empty chamber in an ef- think the boundary that the government one cargo ship, and plenty of ambition. He fort to embarrass Gingrich. Nevertheless, after disdaining to follow the should never cross would be the boundary of began buying surplus materials from the mili- House for more than six years, the Senate fi- the government tracking your every move tary in Guam and shipping those goods nally relented and let C–SPAN carry its pro- and everything you do. The government’s around the Western Pacific while distributing ceedings live in 1986. main role should be to lay down the expecta- American movies, an especially prized com- tions, make laws that people should follow, Having the cameras on hand ‘‘changed the modity, to the islands. quality of the oratory,’’ said Johnson, avoid- help society when needed, but don’t interfere in society so much that it makes the people Over the years, Doctor Tan, along with his ing direct judgment on whether it did so in wife Lam Pek Kim, and their children, Henry, a good or bad way. dependent on the government to run effec- Lamb says he doesn’t care either way: ‘‘If tively. The government’s role is important Willie, Lilly, Raymond, Jerry, and Sunny, nur- there’s a public meeting, there ought to be to how this society functions. Therefore, the tured their small, homegrown enterprise into cameras there,’’ he says. ‘‘Those meetings government needs to let society work in a the 40,000-employee, international power- are paid for by we, the taxpayers. People way so that it isn’t making the society com- house of affiliated companies that it is today. should be able to see what [the elected offi- pletely dependent on them. Every individual From tourism, to insurance, logistics, informa- cials] look like, what the buildings look like, should be able to speak their mind, without tion, and entertainment, Tan Holdings is vital control, to promote new ideas that better so- what language they’re using.’’ to the economies and communities of the is- Through all those decades, Lamb has been ciety. That can only happen with a limited the continuous thread: unflashy, government role, to make society work on land Pacific. unemotional, ‘‘a video Buddha, television’s its own. The government should do nothing The Tan family has not only brought em- most stationary being,’’ in the words of one except give a little push to society every now ployment and economic opportunity to our is- magazine writer. In 23 years of hosting and then to keep it running. With this, the lands, they have brought our islands to the ‘‘Booknotes,’’ his author-interview show, for government isn’t running our everyday lives world. Tan Holdings is our region’s premier example, he notes that he never missed a sin- but just helping us to be able to run it our- exporter of tourism and importer of tourists. gle Sunday night, for 52 weeks every year. In selves. We should all follow the government’s Starting with Century Travel Agency in 1992, laws but, at the same time, be able to have total, he’s logged more hours on national TV then with the addition of the Fiesta Resort and than perhaps any person in America. a mind of our own. To conclude, the govern- He’s not bragging about that, of course. Or ment shouldn’t play a huge role in our every Spa Saipan, the Fiesta Resort and Spa Guam, much else. day lives, rather a limited one, so we can be and the Saipan Grand Hotel, the Tans have ‘‘I never thought the person on top here more effective on our own and be able to contributed significantly to the islands’ eco- mattered all that much, except to keep the think for ourselves. nomic mainstay of tourism. Even when times

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3926 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 21, 2012 have been difficult, Tan Holdings President PERSONAL EXPLANATION officially drafted. After his service, Judge Jerry Tan has declared, as he did this past Smith returned to his studies and graduated January keynoting the Saipan Chamber of HON. BARBARA LEE with a degree in history. At this point, he had Commerce’s annual gala, his company’s cam- OF CALIFORNIA also met and fallen in love with Henrietta paign to ‘‘Believe in CNMI,’’ and backed up IN THE HOUSE OF REPRESENTATIVES Mays and together they moved to New York that declaration by confirming that Tan Hold- Wednesday, March 21, 2012 while Judge Smith attended Brooklyn Law ings would soon be launching a new airline. School. They were married on January 1, Ms. LEE of California. Mr. Speaker, I was Saipan Air will initially bring tourists from 1949. Japan and China to the Mariana Islands, but not present for rollcall vote 112 117. Had I In 1954, Judge Smith received his law de- no doubt with Tan Holding’s business acumen, been present, I would have voted ‘‘no’’ on #112, ‘‘no’’ on #113, ‘‘yes’’ on #114, ‘‘yes’’ on gree and started a practice with his college the airline will soon be a force throughout the #115, ‘‘yes’’ on #116 and ‘‘no’’ on #117. friend William Holland. This partnership would Asia-Pacific Region. Tan Holdings is no stranger to the airline industry. In 1991, the f be the catalyst for the civil rights movement in company established POI Aviation to provide HONORING THE LIFE OF VIRGIL Palm Beach County. Judge Smith lived in a ground-handling services for Northwest Air- WIKOFF time where there were many barriers to social lines, Asiana Airlines, United Airlines, Korean mobility for those of color. Institutionalized dis- Air, and other private airlines. And in 1999, the HON. TIMOTHY V. JOHNSON crimination prevented many African Americans in this country from reaching their potential, company began operating Asia Pacific Air- OF ILLINOIS but my dear friend Judge Smith possessed lines, which provides air cargo services to the IN THE HOUSE OF REPRESENTATIVES region’s tuna fishing industry. skills and abilities that could not be sup- Wednesday, March 21, 2012 pressed and that he used to fight for the civil Nor is Tan Holdings limited to tourists and Mr. JOHNSON of Illinois. Mr. Speaker, I rise rights of others. airplanes. Through its subsidiary Century In- today to honor of the life of Virgil Wikoff. As the third African American lawyer in surance Groups the company is the number The Champaign-Urbana community grieves one property and casualty underwriter in the at the loss of Virgil Wikoff. This former Cham- Palm Beach County, Judge Smith was well Marianas. Tan Holding’s Realty Management paign mayor and State Representative was a aware of the injustices occurring in his com- Services owns and operates approximately rock of strength and stability through some of munity. He became a champion of civil rights 150 residential apartment units on the island the most tumultuous times in local history. Vir- and was a voice for those who were treated of Saipan. And Tan Holdings developed one gil Wikoff saw us through those times with as second class citizens based on the color of of the preeminent buildings in our islands: TSL courage and a steadfast temperament. their skin. Judge Smith and his partner William Plaza, which is a flagship for their commercial His passing follows in far too short an order Holland orchestrated the movement to deseg- real estate holdings in Micronesia. the passing of former Champaign Mayor Bill regate Palm Beach County’s public schools Bland, and former Urbana Mayors Jeff Mark- The Tan portfolio includes Cosmos Distrib- after the Supreme Court’s ruling of ‘‘separate land and Hiram Paley. I served with Mayors uting and Dickerson & Quinn International Dis- but equal’’ being unconstitutional was largely Markland and Paley on the Urbana City Coun- ignored throughout the county. In his own tributors, bringing some of the world’s best- cil, and with Mayor Wikoff in the General As- known consumer brands to island businesses sembly. The loss of these men hits close to words, Judge Smith wisely stated that: ‘‘Noth- and residents, names such as Procter & Gam- home. One is always reminded of one’s own ing separate can ever be equal’’—a sentiment ble, Campbell’s, Gillette, Nabisco, Cadbury, mortality with the loss of friends and col- that I strongly agree with. In addition to his and General Mills. In Guam the public benefits leagues. quest for equal access to public education, from the company’s investment in Tango The- But the losses of these individuals, each of Judge Smith and Mr. Holland fought together aters, which provide world-class movie viewing them exceptional, is even more profound. to integrate the West Palm Beach municipal at seventeen screens in the Micronesia Mall They represented the best of our two cities, golf course and to eliminate separate eating and Agana Shopping Center. And in Saipan selfless in their public service and passionate and bathroom facilities on Florida’s turnpike. It the community gets its daily news from the in executing the duties of their offices. is hard to fathom the amount of courage re- Saipan Tribune, which has been a trusted out- f quired to combat bigotry and hatred, but let of information since 1993. HONORING THE LIFE AND LEGACY Judge Smith faced these challenges head-on One of the greatest contributions of the Tan OF JUDGE ISIAH COURTNEY SMITH and spent his life taking a stand against those family and Tan Holdings to our community, who sought to keep the status quo. however, has been the establishment of the HON. ALCEE L. HASTINGS After spending many years in a successful Tan Siu Lin Foundation. Although the Tan OF FLORIDA private practice with Mr. Holland, he was ap- family has been generous to the island com- IN THE HOUSE OF REPRESENTATIVES pointed as a Palm Beach County Court judge munity throughout all of Tan Holdings’ 40 years, the formal establishment of the Tan Siu Wednesday, March 21, 2012 in 1986 by Governor Bob Graham. During his Lin Foundation in 2009, heralded a new begin- Mr. HASTINGS of Florida. Mr. Speaker, I time on the bench, Judge Smith was known ning in regional philanthropy. The TSL Foun- rise today to honor the life and legacy of an for his professionalism. After serving in this dation has donated millions of dollars to de- outstanding human being. Isiah Courtney capacity for six years, he retired at the age of serving, nonprofit, educational, athletic, and Smith, a former judge, pioneer and, personal 70. community ventures in our islands. Guided by friend of mine, passed away on February 29, Mr. Speaker, I would like to take this oppor- its motto of ‘‘iServe. iGive back.’’ the Founda- 2012 at the age of 89. tunity to offer my sincere condolences to all tion has not only donated from its corporate Judge Smith, also known to many as ‘‘I.C.’’ those who have been impacted by the loss of was born on September 15, 1922 in Lake proceeds, but has also encouraged philan- such a great man. My thoughts are with Judge Helen, Florida. In 1940, after graduating from thropy at the grass-roots level—through its Smith’s wife Dr. Henrietta Smith, their two chil- employees. The social responsibility practiced Euclid High School in Deland, he went on to enroll at Florida A&M College, where I also at- dren Robin Smith and Reverend Cynthia and taught by the TSL Foundation will be as Smith Jackson, and all of their family and enduring in our islands as any of the Tan tended law school. Judge Smith’s education at Florida A&M was interrupted by World War II, friends during this most difficult time. I was Holdings businesses. when he volunteered and was assigned to an truly honored to have known Judge Smith. He Please join me in congratulating Dr. Tan Siu intake facility near Raiford. It was at this facil- was a tremendous individual whose commit- Lin, and his family, for their 40 years of con- ity where Judge Smith demonstrated his first ment to bettering South Florida, and working tribution to the commerce, economy, and liv- acts of courage by marching through a seg- selflessly to ensure equal rights for all Ameri- ability of the Northern Mariana Islands and all regated camp to inform the white officers of cans will never be forgotten. of Micronesia. his resignation. A year later, Judge Smith was

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 3927 TRIBUTE TO BEVERLY D. ter, Carmen. Today they have three grand- tance of being an active participant in the po- CLYBURN children, and spending more time with her be- litical process. Many of the students have writ- loved family was the impetus for her retire- ten short essays on a variety of topics and I HON. JAMES E. CLYBURN ment from Aiken City Council. am pleased to share these with my House col- OF SOUTH CAROLINA Mr. Speaker, I ask you and our colleagues leagues. IN THE HOUSE OF REPRESENTATIVES to join me in congratulating Beverly Dozier Saydi Wollney is a senior at Pearland High Clyburn on a job well done. She has spent her School in Brazoria County, Texas. Her essay Wednesday, March 21, 2012 entire career in public service whether as an topic is: In your opinion, what role should gov- Mr. CLYBURN. Mr. Speaker, I rise today to educator or an elected official. Her efforts ernment play in our lives? pay tribute to a tremendous public servant, a have made Aiken County a better place, and Although the United States government passionate educator, and a dear friend and she has been a positive influence on count- provides services such as roadways, protec- relative. Beverly Clyburn is being honored on less lives along the way. I wish her all the best tion from harm—both foreign and domestic— March 23, 2012 for her service on Aiken City in this new chapter in her life, and knowing and regulation of food and drugs, I believe Council. She retired in November 2011 after Beverly as I do, look forward to her continued the government has, at times, stepped over their boundaries and infringed upon the 22 years of dedicated service to the City of work on behalf of others. rights of the people. Aiken. f The recent SOPA (Stop Online Piracy Act) Beverly LaVerne Dozier was born in and the Protect IP Act wanted to shut down Georgetown, South Carolina to Maggie and PERSONAL EXPLANATION websites which illegally provided services William Dozier. She was the fifth of eight chil- such as making music, videos, and movies dren and one of seven girls. From an early HON. ROBERT T. SCHILLING available for free download. In doing this, the government also restricted and sup- age, Beverly loved to learn and she graduated OF ILLINOIS in 1961 as Salutatorian of Howard High pressed websites which were informational IN THE HOUSE OF REPRESENTATIVES and helpful to the public. In this way, the School. Wednesday, March 21, 2012 government inadvertently infringed upon the She went on to attend Allen University in rights of citizens of the United States. After Columbia, South Carolina, and graduated with Mr. SCHILLING. Mr. Speaker, on Monday, the incident of SOPA closing down honors in 1965, with a degree in Chemistry March 19, 2012, due to an unexpected flight Wikipedia for a short while, I noticed it was and Mathematics. It was there that she met delay in Chicago, Illinois that prevented my a popular conversation being held around her husband, and my cousin, William ‘‘Bill’’ travel, I was unable to cast my vote for roll school. My peers were unhappy and disliked Clyburn. In 1978, Beverly earned a Masters Number 111. the fact that the government seemed to have Degree in Secondary Guidance from the Uni- Had I been present, I would have voted overstepped their boundaries. I realize that ‘‘yea’’ on H.R. 3992 which passed by an over- the government was doing what they think versity of South Carolina. was best for United States citizens at this Beverly’s first love is education, and she whelming bipartisan vote of 371–0. I believe point in time, but I believe their actions spent 42 years as an educator in both Aiken by allowing our allies, such as Israel, to invest could have been delivered in a more friendly and Allendale counties. She served as a guid- in businesses in the United States, we are en- and informative way. ance counselor at Midland Valley High School couraging job creation and bringing more inno- The issues with Medicaid and Medicare and guidance director at South Aiken High vative ideas that will benefit all Americans. have citizens of the United States dis- School, a position she retired from in 1999. Currently, citizens in 75 countries are eligi- agreeing with one another. Some people be- Following retirement she was drawn back into ble to apply for E–2 visas which are non-immi- lieve that Medicaid is a system that simply takes the money that citizens pay in taxes education to help improve the Allendale Coun- grant visas valid for up to two years and allow and utilizes it to care for people with a lower ty schools after a State take-over. Today she visa holders to oversee businesses in which level of income. On the other hand, the other continues to work in education at the Aiken they have considerable capital invested. Prior people believe that Medicaid is a good cause Performing Arts Academy as a part-time as- to 2003, countries could become eligible if and is beneficial to those who are in need. sistant director and guidance counselor. specified in trade agreements but now sepa- The recent health care reform laws have In 1988, Beverly was urged by members of rate legislation is required to add countries to been viewed by many as the government the community to run for Aiken City Council. the program. slowly taking control of the health care sys- She took on the challenge, and won the Dis- Countries eligible for E–2 visas span from tem. However, other people believe that the trict 1 seat. She is known for her thorough- health care reform is beneficial and helpful Albania to Pakistan to the United Kingdom to the American people, including those who ness on council, diligently studying every issue and in Fiscal Year 2010, more than 25,000 E– could not previously afford health care. and visiting the sites that would be impacted 2 visas were granted. Israel has a reciprocal Recently, there have been many debated before she cast her vote. program allowing United States investors the issues over whether or not the government of During her tenure on council, she has par- same ability. E–2 visas invest in our economy the United States is overstepping its own ticipated in numerous development projects in- and foster working relationships with other boundaries and regulations of the country. I cluding the 10-year renewal plan for Aiken’s countries. Adding Israel to this list will only believe that most of the actions that I have Northside, the Crosland Park redevelopment continue these efforts. discussed have been beneficial for the United States citizens, with exception of the SOPA project, the Center for African American His- Again, had my flight from Chicago to Wash- and PIPA acts. tory, Art and Culture, and the Aiken Visitors ington, DC had not been delayed, I would f Center and Train Museum. She served as have voted in support of H.R. 3992. Mayor Pro Tem from 2002–2004, and has f A TRIBUTE TO THE SOLDAN HIGH been honored for her work in chairing the first SCHOOL TIGERS, WINNERS OF four NLC Diversity Breakfasts. She has also HONORING SAYDI WOLLNEY THE MISSOURI CLASS 4 STATE served as the chair of the Aiken County DSS TITLE FOR BASKETBALL AND Board. HON. PETE OLSON STATE CHAMPIONS In 2001, the South Carolina General Assem- OF TEXAS bly honored Beverly for her work in Aiken and IN THE HOUSE OF REPRESENTATIVES HON. WM. LACY CLAY Allendale counties and the State of South OF MISSOURI Carolina. The Greater Aiken Chamber of Com- Wednesday, March 21, 2012 IN THE HOUSE OF REPRESENTATIVES merce named her the 2009 Woman of the Mr. OLSON. Mr. Speaker, I am privileged to Year for her commitment to the Aiken area. interact with some of the brightest students in Wednesday, March 21, 2012 She has also earned the honor of Woman of the 22nd Congressional District who serve on Mr. CLAY. Mr. Speaker, I rise today to pay Distinction from her church, Cumberland Afri- my Congressional Youth Advisory Council. I tribute to Missouri’s own Class 4 State Basket- can Methodist Episcopal. have gained much by listening to the high ball Champions, the Soldan High School Ti- Beverly and Bill have been married for 47 school students who are the future of this gers. years, and are the parents of three adult chil- great nation. They provide important insight Soldan High School’s convincing 55–42 vic- dren—William, Jr., Wilson, and Courtney. into the concerns of our younger constituents tory over Springfield Hillcrest at the Mizzou They also served as foster parents to daugh- and hopefully get a better sense of the impor- Arena in Columbia was the culmination of

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 3928 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 March 21, 2012 three years hard work and dedication, result- locals and agencies distribute food in a cheap- 10 a.m. ing in the Tiger’s first state championship in er, more efficient manner. One such program, Environment and Public Works basketball in 31 years. Under the leadership of the Senior Food Program, provides low in- Green Jobs and the New Economy Sub- Head Coach Justin Tatum, the Tigers de- come senior citizens the opportunity to receive committee Oversight Subcommittee feated some of the best teams in the nation, free groceries each month. Another, the Farm To hold a joint oversight hearing to ex- outscoring their playoff opponents by an unbe- to Kid Program, provides five pounds of food amine the Environmental Protection lievable average of 24 points a game. every week for low income families as well as Agency’s (EPA) work with other Fed- The men of the Soldan High School Tigers three to five pounds of fresh produce for every eral entities to reduce pollution and are more than merely teammates, they are a child in after school programs at low-income improve environmental performance. band of brothers. Many of the Tigers have schools. SD–406 played on the same teams since grade school, Throughout his career in public service, Judiciary their recent victory a fitting reward for years of Larry has served at a number of statewide Immigration, Refugees and Border Secu- dedication to both each other and the sport of and national organizations, He served as Vice rity Subcommittee To hold hearings to examine the eco- basketball. Especially for Soldan’s nine-man Chair of the Board of Directors of Feeding America and the National Food Bank Network, nomic imperative for promoting inter- senior class of Devin Booker, Aaron Diamini, national travel to the United States. Kawan Griffin, Randy Holmes, Paul as well as on the Board of Directors at the SD–226 McRoberts, Jibreel Muhammad, Partice Sand- California Association of Food Banks and the Appropriations ers, Elva Shelton, and Rashad Simmons, the Emergency Food and Shelter Board in Contra Military Construction and Veterans Af- season, and their high school careers, ended Costa County. In 2009, Larry also served as fairs, and Related Agencies Sub- exactly how they hoped they would. Interim Executive Director for Feeding America committee Mr. Speaker, Coach Tatum and the men of San Diego, where he helped improve and To hold hearings to examine proposed the Soldan High School Tigers are true exam- manage the organization. budget estimates for fiscal year 2013 for ples of character and sportsmanship, and I Mr. Speaker, I invite this chamber to join me the Department of Defense and the De- in recognizing Larry Sly for his commitment partment of the Army. urge my colleagues to join me in honoring SD–124 their remarkable achievement. and significant service to the people of Contra Costa and Solano Counties. I applaud Larry’s 10:30 a.m. f Banking, Housing, and Urban Affairs contributions on behalf of the underprivileged, Housing, Transportation and Community PERSONAL EXPLANATION and his efforts to increase awareness of hun- Development Subcommittee ger and food security issues throughout Cali- To hold hearings to examine the choice HON. PETE SESSIONS fornia and the Nation. Larry’s leadership neighborhoods initiative, focusing on a OF TEXAS throughout his career provides a positive ex- new community development model. IN THE HOUSE OF REPRESENTATIVES ample for those planning to serve their com- SD–538 munities. I am pleased to join his family, col- 2 p.m. Wednesday, March 21, 2012 leagues, and friends in congratulating him as Joint Economic Committee Mr. SESSIONS. Mr. Speaker, on rollcall No. he retires from the Food Bank of Contra Costa To hold hearings to examine monetary 117, had I been present, I would have voted and Solano. policy going forward, focusing on why ‘‘yea.’’ a sound dollar boosts growth and em- f ployment. f SENATE COMMITTEE MEETINGS SH–216 HONORING LARRY SLY 2:15 p.m. Title IV of Senate Resolution 4, Foreign Relations agreed to by the Senate on February 4, Business meeting to consider S. Res. 356, HON. GEORGE MILLER 1977, calls for establishment of a sys- expressing support for the people of OF CALIFORNIA tem for a computerized schedule of all Tibet, S. Res. 395, expressing the sense IN THE HOUSE OF REPRESENTATIVES meetings and hearings of Senate com- of the Senate in support of the North Wednesday, March 21, 2012 mittees, subcommittees, joint commit- Atlantic Treaty Organization and the tees, and committees of conference. NATO summit to be held in Chicago, Il- Mr. GEORGE MILLER of California. Mr. This title requires all such committees linois from May 20 through 21, 2012, S. Speaker, it is with great pleasure that I rise to notify the Office of the Senate Daily Res. 397, promoting peace and stability today to recognize and congratulate Larry Sly, Digest—designated by the Rules Com- in Sudan, S. Res. 80, condemning the Government of Iran for its state-spon- Executive Director for the Food Bank of mittee—of the time, place, and purpose Contra Costa and Solano, as he retires after sored persecution of its Baha’i minor- of the meetings, when scheduled, and ity and its continued violation of the 35 years of public service. any cancellations or changes in the International Covenants on Human A graduate of the University of California, meetings as they occur. Rights, S. Res. 391, condemning vio- Berkeley, Larry began his career as an Execu- As an additional procedure along lence by the Government of Syria tive Director with the Food Bank of Contra with the computerization of this infor- against journalists, and expressing the Costa in 1976. Starting with just two employ- mation, the Office of the Senate Daily sense of the Senate on freedom of the ees, Larry brought the organization a truck Digest will prepare this information for press in Syria, S. Res. 344, supporting and trailer, where he stored bread that he printing in the Extensions of Remarks the democratic aspirations of the Nica- raguan people and calling attention to picked up from a local grocery store. Soon, section of the CONGRESSIONAL RECORD the deterioration of constitutional people in the area from local churches began on Monday and Wednesday of each distributing this bread to underprivileged peo- order in Nicaragua, the nominations of week. Julissa Reynoso, of New York, to be ple of the community. Meetings scheduled for Thursday, Ambassador to the Oriental Republic of In Larry’s first year as Executive Director of March 22, 2012 may be found in the Uruguay, and Gina K. Abercrombie- the Food Bank of Contra Costa, the organiza- Daily Digest of today’s RECORD. Winstanley, of Ohio, to be Ambassador tion distributed approximately 36,000 pounds to the Republic of Malta, both of the of food to people in need of assistance in the MEETINGS SCHEDULED Department of State, and lists in the local area. Eventually, the Food Bank would MARCH 27 Foreign Service. merge with a struggling Solano County Food 9:30 a.m. S–116, Capitol Bank and develop a greater outreach program Armed Services 2:30 p.m. within the region. Every year, with Larry’s To hold hearings to examine U.S. Stra- Armed Services Airland Subcommittee leadership, the Food Bank steadily increases tegic Command and U.S. Cyber Com- mand in review of the Defense Author- To hold a hearing to examine Army mod- the number of families who received food do- ization request for fiscal year 2013 and ernization in review of the Defense Au- nations and groceries; last year they distrib- the Future Years Defense Program; thorization request for fiscal year 2013 uted over 14 million pounds of food. with the possibility of a closed session and the Future Years Defense Pro- During his time with the Food Bank, Larry in SVC 217 following the open session. gram. has developed successful programs to help SD–106 SR–222

VerDate Sep 11 2014 12:28 Mar 17, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR12\E21MR2.000 E21MR2 rmajette on DSK2TPTVN1PROD with BOUND RECORD March 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 3 3929 Armed Services Veterans’ Affairs MARCH 29 Emerging Threats and Capabilities Sub- To hold hearings to examine the nomina- 9:30 a.m. committee tions of Margaret Bartley, of Mary- Armed Services To hold hearings to examine the Depart- land, and Coral Wong Pietsch, of Ha- To hold hearings to examine the nomina- ment of Defense’s role in implementa- waii, both to be a Judge of the United tions of Frank Kendall III, of Virginia, tion of the National Strategy for States Court of Appeals for Veterans to be Under Secretary for Acquisition, Counterterrorism and the National Claims. Technology, and Logistics, James N. Strategy to Combat Transnational Or- SR–418 Miller, Jr., of Virginia, to be Under ganized Crime in review of the Defense 10:30 a.m. Secretary for Policy, Erin C. Conaton, Authorization request for fiscal year Inaugural Ceremonies—2012 of the District of Columbia, to be 2013 and the Future Years Defense Pro- Organizational business meeting to con- Under Secretary for Personnel and gram. sider an original resolution authorizing Readiness, Jessica Lynn Wright, of SR–232A expenditures for committee operations Pennsylvania, and Katharina G. Intelligence and committee’s rules and procedure McFarland, of Virginia, both to be an To hold closed hearings to examine cer- for the 112th Congress. Assistant Secretary, and Heidi Shyu, of tain intelligence matters. S–216, Capitol California, to be an Assistant Sec- SH–219 2 p.m. retary of the Army, all of the Depart- 2:45 p.m. Appropriations ment of Defense. Finance Commerce, Justice, Science, and Related SD–G50 Energy, Natural Resources, and Infrastruc- Agencies Subcommittee 10 a.m. ture Subcommittee To hold hearings to examine proposed Homeland Security and Governmental Af- To hold hearings to examine renewable budget estimates for fiscal year 2013 for fairs energy tax incentives, focusing on how the National Aeronautics and Space Contracting Oversight Subcommittee have the recent and pending expira- Administration. To hold hearings to examine contractors, tions of key incentives affected the re- SD–124 focusing on how much they are costing newable energy industry in the United 2:30 p.m. the government. States. Commerce, Science, and Transportation SD–342 SD–215 To hold hearings to examine the science Health, Education, Labor, and Pensions MARCH 28 and standards of forensics. To hold hearings to examine Food and SR–253 Drug Administration (FDA) user fee 9:30 a.m. Banking, Housing, and Urban Affairs agreements, focusing on strengthening Armed Services Economic Policy Subcommittee FDA and the medical products industry SeaPower Subcommittee To hold hearings to examine retirement, for the benefit of patients. To receive a closed briefing on the Ohio- focusing on examining the retirement SH–216 class Replacement Program in review savings deficit. Small Business and Entrepreneurship of the Defense Authorization request SD–538 To hold hearings to examine the Presi- for fiscal year 2013 and the Future Appropriations dent’s proposed budget request for fis- Years Defense Program. Energy and Water Development Sub- cal year 2013 for the Small Business SVC–217 committee Administration. 10 a.m. To hold hearings to examine proposed SR–428A Appropriations budget estimates for fiscal year 2013 for 2:30 p.m. Department of Defense Subcommittee the Army Corps of Engineers and Bu- Intelligence To hold hearings to examine Department reau of Reclamation. To hold closed hearings to examine cer- of Defense health programs. SD–192 tain intelligence matters. SD–192 Homeland Security and Governmental Af- SH–219 Foreign Relations fairs APRIL 18 To hold hearings to examine United Federal Financial Management, Govern- 2:30 p.m. States policy on Iran. ment Information, Federal Services, Armed Services SD–419 and International Security Sub- Readiness and Management Support Sub- Homeland Security and Governmental Af- committee committee fairs To hold hearings to examine assessing ef- To hold hearings to examine financial Business meeting to consider pending forts to combat waste and fraud in Fed- management and business trans- calendar business. eral programs. formation at the Department of De- SD–342 SD–342 fense. Judiciary Appropriations SD–G50 To hold hearings to examine the Special Financial Service and General Government Counsel’s report on the prosecution of Subcommittee APRIL 25 Senator Ted Stevens. To hold hearings to examine enhancing 2 p.m. SD–226 economic growth, focusing on the De- Armed Services Appropriations partment of the Treasury’s responses Personnel Subcommittee Departments of Labor, Health and Human to the foreclosure crisis and mounting To resume hearings to examine the Ac- Services, and Education, and Related student loan debt. tive, Guard, Reserve, and civilian per- Agencies Subcommittee SD–138 sonnel programs in review of the De- To hold hearings to examine proposed Judiciary fense Authorization request for fiscal budget estimates for fiscal year 2013 for To hold hearings to examine certain year 2013 and the Future Years Defense the National Institutes of Health. nominations. Program. SD–124 SD–226 SD–106

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