May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2515 It calls for the establishment of a Na- Mr. FARR. Thank you very much for Accordingly, the Committee rose; tional Shellfish Initiative, in partner- yielding. and the Speaker pro tempore (Mr. HAS- ship with commercial and restoration I think you can note the passion I’ve TINGS of Washington) having assumed aquaculture communities, which in- had on this issue because we worked at the chair, Mr. PRICE of Georgia, Acting cludes pilot projects to explore the eco- it a long time. And I want to assure Chair of the Committee of the Whole system benefits of shellfish aqua- you—I’m ranking member of the Ag House on the state of the Union, re- culture while increasing shellfish pro- Appropriations Committee. I probably ported that that Committee, having duction in U.S. waters. That’s so im- represent more productive agriculture had under consideration the bill (H.R. portant for our economy. In fact, all than anybody in Congress. I have just 5326) making appropriations for the De- oceans, coasts, and Great Lakes are one county I represent that has 85 partments of Commerce and Justice, critical components of our Nation’s crops in it. We do about $4.2 billion of Science, and Related Agencies for the economy. U.S. coastal communities are agriculture out of that county. fiscal year ending September 30, 2013, home to more than half of all Ameri- I can assure you that coastal States’ and for other purposes, had come to no cans. They generate an estimated $8 agriculture is very much concerned resolution thereon. trillion a year and they support 69 mil- about all of these issues that are com- f lion jobs. ing up and really supports the ideas Declining ocean health and a lack of that we can have a coordinated effort. REPORT ON H.R. 4966, SEQUESTER effective coordination is putting this This is a long effort. We had the mili- REPLACEMENT ACT OF 2012 great economic engine at risk. Com- tary involved in this. We’ve got FEMA Mr. CHAFFETZ, from the Committee prehensive planning will ensure the involved in this. We’ve got the Depart- on the Budget, submitted a privileged stability of the Nation’s seaports as ad- ment of Agriculture involved in this. report (Rept. No. 112 469, Part 1) on the ditional users of ocean space evolve, in- We’ve got every other agency. And it’s bill (H.R. 4966) to amend the Balanced cluding the responsible development of how you resolve conflicts that are Budget and Emergency Deficit Control offshore energy resources. Act of 1985 to replace the sequester es- But we must make no mistake: This there. tablished by the Budget Control Act of attempt to defund and delay the Na- Yes, we in Congress have enacted an tional Ocean Policy is a dangerous po- awful lot of laws. And I want to say 2011, which was referred to the Union litical move that puts the health of our there isn’t anything the President has Calendar and ordered to be printed. oceans, coastal communities, jobs, and done or any of these agencies are doing f our fishing industry at risk. We need to that isn’t authorized in law. We gave REPORT ON H.R. 5652, SEQUESTER protect, maintain, and to restore the them those authorities. We just never REPLACEMENT RECONCILIATION health of our oceans and coasts. Con- required them to all sit down and talk ACT OF 2012 tinuing to develop the National Ocean about those conflicts and how to re- Policy offers our Nation the best path solve those conflicts. Mr. CHAFFETZ, from the Committee forward. We have a huge responsibility here. on the Budget, submitted a privileged I urge my colleagues to oppose this This is a long effort to create a Na- report (Rept. No. 112 470) on the bill misguided amendment and to do some- tional Ocean Policy. It’s the smart (H.R. 5652) to provide for reconciliation thing that is very much needed for our thing to do. It’s got all the Federal pursuant to section 201 of the concur- economy, for our oceans and particu- agencies at the table, finally, and it’s rent resolution on the budget for fiscal larly for our coastal communities. got all the user groups, both private year 2013, which was referred to the Let’s do the right thing. Let’s get all and public. Union Calendar and ordered to be these users organized and working to- printed. b 1800 gether in pursuit of a streamlined con- f So I just think that this is kind of a sistent constructive policy. It’s the COMMERCE, JUSTICE, SCIENCE, right thing to do. This amendment is meat-ax approach. If you do have con- cerns, let’s do it in the regular legisla- AND RELATED AGENCIES APPRO- not. Let’s defeat this amendment. PRIATIONS ACT, 2013 I yield back the balance of my time. tive order, not just say that we’re Mr. POLIS. I move to strike the last going to eliminate that whole ability The SPEAKER pro tempore. Pursu- word. for them to resolve conflicts. You’re ant to House Resolution 643 and rule The Acting CHAIR. The gentleman going to end up with more lawsuits and XVIII, the Chair declares the House in from Colorado is recognized for 5 min- a lot of concerns by people who are the Committee of the Whole House on utes. going to wonder what the future holds the state of the Union for the further Mr. POLIS. I yield to the gentleman without a good, comprehensive plan. consideration of the bill, H.R. 5326. from Pennsylvania. So I again compassionately ask my Will the gentleman from Georgia Mr. FATTAH. Again, this is a little colleagues on both sides of the aisle to (Mr. PRICE) kindly resume the chair. bit different than the optimism in Chi- reject this amendment. It would be a b 1803 cago at the Coastal Zone Conference very dangerous thing for this country where the Ocean Policy just had such to do, to adopt this amendment. IN THE COMMITTEE OF THE WHOLE an enthusiastic response from constitu- Mr. POLIS. I thank the gentleman Accordingly, the House resolved encies all around the country and in from Pennsylvania and the gentleman itself into the Committee of the Whole other parts of the world. from California for their hard work on House on the state of the Union for the The development of this is bipar- further consideration of the bill (H.R. tisan: the Pew Foundation, this issue, and I yield back the balance of my time. 5326) making appropriations for the De- headquartered in my home city of partments of Commerce and Justice, Philadelphia; the Lenfest Foundation, The Acting CHAIR. The question is on the amendment offered by the gen- Science, and Related Agencies for the led by Gerry Lenfest, and their invest- fiscal year ending September 30, 2013, ments in studying the oceans. We’ve tleman from Texas (Mr. FLORES). and for other purposes, with Mr. PRICE seen the work that has been done The question was taken; and the Act- ing Chair announced that the noes ap- of Georgia (Acting Chair) in the chair. that’s led to this. The Clerk read the title of the bill. I would hope that we would oppose peared to have it. The Acting CHAIR. When the Com- this amendment and we would work to Mr. FLORES. Mr. Chairman, I de- mittee of the Whole rose earlier today, build a further consensus and hopefully mand a recorded vote. a request for a recorded vote on an have legislation come out of the Nat- The Acting CHAIR. Pursuant to amendment offered by the gentleman ural Resources Committee. clause 6 of rule XVIII, further pro- I thank the gentleman for yielding to ceedings on the amendment offered by from Texas (Mr. FLORES) had been me, and I hope that we vote this the gentleman from Texas will be post- postponed and the bill had been read amendment down. poned. through page 101, line 10. Mr. POLIS. Reclaiming my time, I Mr. WOLF. Mr. Chairman, I move ANNOUNCEMENT BY THE ACTING CHAIR would like to yield to the gentleman that the Committee do now rise. The Acting CHAIR. Pursuant to from California (Mr. FARR). The motion was agreed to. clause 6 of rule XVIII, proceedings will

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2516 CONGRESSIONAL RECORD — HOUSE May 9, 2012 now resume on those amendments on Garrett Luetkemeyer Rooney Lee (CA) Moran Scott, David which further proceedings were post- Gerlach Luja´ n Ros-Lehtinen Lewis (GA) Pascrell Stark Gibbs Lummis Roskam Matsui Rangel Waters poned, in the following order: Gibson Lungren, Daniel Ross (AR) McCollum Richardson Watt An amendment by Mr. CHAFFETZ of Gingrey (GA) E. Ross (FL) McDermott Rothman (NJ) Woolsey Utah. Gohmert Lynch Roybal-Allard Meeks Schakowsky Gonzalez Mack Royce An amendment by Mr. TIERNEY of Goodlatte Maloney Runyan NOT VOTING—9 Massachusetts. Gosar Manzullo Ruppersberger Bachmann Donnelly (IN) Kucinich An amendment by Mrs. BLACKBURN of Gowdy Marchant Rush Bachus Filner Pelosi Tennessee. Granger Marino Ryan (OH) Costa Garamendi Slaughter Graves (GA) Markey Ryan (WI) Amendment No. 38 by Mr. DUNCAN of Graves (MO) Matheson Sa´ nchez, Linda b 1829 South Carolina. Green, Al McCarthy (CA) T. Green, Gene McCarthy (NY) Messrs. DAVIS of Illinois, ROTHMAN An amendment by Mr. GARRETT of Sanchez, Loretta Griffin (AR) McCaul of New Jersey, BECERRA, Ms. New Jersey. Sarbanes Griffith (VA) McClintock Scalise CLARKE of New York, Ms. WATERS, An amendment by Mr. SCHWEIKERT of Grijalva McCotter Schiff Mr. HONDA and Ms. KAPTUR changed Arizona. Grimm McGovern Schilling Guinta McHenry Schmidt their vote from ‘‘aye’’ to ‘‘no.’’ Amendment No. 46 by Mr. WEBSTER Guthrie McIntyre Schock Mr. HASTINGS of Florida, Ms. of Florida. Gutierrez McKeon Schrader EDDIE BERNICE JOHNSON of Texas, Hall McKinley The first amendment by Mr. FLORES Schwartz Messrs. BRADY of Pennsylvania, of Texas. Hanabusa McMorris Schweikert Hanna Rodgers Scott (SC) COFFMAN of Colorado, Mrs. LOWEY, The second amendment by Mr. FLO- Harper McNerney Scott (VA) Mr. DEUTCH, Ms. CASTOR of Florida, RES of Texas. Harris Meehan Scott, Austin Messrs. ACKERMAN, RICHMOND, The Chair will reduce to 2 minutes Hartzler Mica Sensenbrenner Hastings (FL) Michaud KEATING, ELLISON, Ms. the minimum time for any electronic Serrano Hastings (WA) Miller (FL) Sessions WASSERMAN SCHULTZ, Ms. BASS of vote after the first vote in this series. Hayworth Miller (MI) Sewell California, Mr. GONZALEZ and Ms. Heck Miller (NC) AMENDMENT OFFERED BY MR. CHAFFETZ Sherman JACKSON LEE of Texas changed their Heinrich Miller, Gary Shimkus The Acting CHAIR. The unfinished Hensarling Miller, George Shuler vote from ‘‘no’’ to ‘‘aye.’’ business is the demand for a recorded Herger Moore Shuster So the amendment was agreed to. Herrera Beutler Mulvaney Simpson vote on the amendment offered by the Higgins Murphy (CT) The result of the vote was announced Sires gentleman from Utah (Mr. CHAFFETZ) Himes Murphy (PA) as above recorded. Smith (NE) Hirono Myrick on which further proceedings were Smith (NJ) Stated for: Hochul Nadler postponed and on which the ayes pre- Smith (TX) Holden Napolitano Mr. FILNER. Mr. Chair, on rollcall 226, I was Smith (WA) vailed by voice vote. Holt Neal away from the Capitol due to prior commit- Southerland The Clerk will redesignate the Hoyer Neugebauer Speier ments to my constituents. Had I been present, Huelskamp Noem amendment. Stearns I would have voted ‘‘aye.’’ Huizenga (MI) Nugent Stivers The Clerk redesignated the amend- Hultgren Nunes ANNOUNCEMENT BY THE ACTING CHAIR ment. Hunter Nunnelee Stutzman Sullivan The Acting CHAIR. Members are re- RECORDED VOTE Hurt Olson minded that remaining votes in this se- Israel Olver Sutton The Acting CHAIR. A recorded vote Issa Owens Terry ries will be 2-minute votes. has been demanded. Jackson Lee Palazzo Thompson (CA) Thompson (MS) AMENDMENT OFFERED BY MR. TIERNEY A recorded vote was ordered. (TX) Pallone Jenkins Pastor (AZ) Thompson (PA) The Acting CHAIR. The unfinished The vote was taken by electronic de- Johnson (IL) Paul Thornberry business is the demand for a recorded vice, and there were—ayes 381, noes 41, Johnson (OH) Paulsen Tiberi vote on the amendment offered by the Tierney not voting 9, as follows: Johnson, E. B. Pearce gentleman from Massachusetts (Mr. Johnson, Sam Pence Tipton [Roll No. 226] Jones Perlmutter Tonko TIERNEY) on which further proceedings AYES—381 Jordan Peters Towns were postponed and on which the noes Keating Peterson Tsongas prevailed by voice vote. Ackerman Broun (GA) Culberson Kelly Petri Turner (NY) Adams Brown (FL) Cummings Kildee Pingree (ME) Turner (OH) The Clerk will redesignate the Aderholt Buchanan Davis (CA) Kind Pitts Upton amendment. Akin Bucshon Davis (KY) King (IA) Platts Van Hollen The Clerk redesignated the amend- Alexander Buerkle DeFazio Vela´ zquez King (NY) Poe (TX) ment. Altmire Burgess DeLauro Kingston Polis Visclosky Amash Burton (IN) Denham Kinzinger (IL) Pompeo Walberg RECORDED VOTE Amodei Calvert Dent Kissell Posey Walden The Acting CHAIR. A recorded vote Austria Camp DesJarlais Kline Price (GA) Walsh (IL) Baca Campbell Deutch Labrador Price (NC) Walz (MN) has been demanded. Baldwin Canseco Diaz-Balart Lamborn Quayle Wasserman A recorded vote was ordered. Barletta Cantor Doggett Lance Quigley Schultz Barrow Capito Dold The Acting CHAIR. This will be a 2- Landry Rahall Waxman minute vote. Bartlett Capps Doyle Langevin Reed Webster Barton (TX) Capuano Dreier Lankford Rehberg Welch The vote was taken by electronic de- Bass (CA) Cardoza Duffy Larsen (WA) Reichert West vice, and there were—ayes 160, noes 260, Bass (NH) Carnahan Duncan (SC) Larson (CT) Renacci Westmoreland not voting 11, as follows: Benishek Carney Duncan (TN) Latham Reyes Whitfield Berg Carter Ellison LaTourette Ribble Wilson (FL) [Roll No. 227] Berkley Cassidy Ellmers Latta Richmond Wilson (SC) AYES—160 Berman Castor (FL) Emerson Levin Rigell Wittman Biggert Chabot Engel Lewis (CA) Rivera Wolf Ackerman Camp Davis (CA) Bilbray Chaffetz Eshoo Lipinski Roby Womack Altmire Capuano Davis (IL) Bilirakis Chandler Farenthold LoBiondo Roe (TN) Woodall Andrews Cardoza Davis (KY) Bishop (GA) Cicilline Farr Loebsack Rogers (AL) Yarmuth Baca Carnahan DeFazio Bishop (NY) Clarke (MI) Fattah Lofgren, Zoe Rogers (KY) Yoder Baldwin Carney DeGette Bishop (UT) Clay Fincher Long Rogers (MI) Young (AK) Barrow Carson (IN) Dent Black Coble Fitzpatrick Lowey Rohrabacher Young (FL) Bartlett Chandler Dingell Blackburn Coffman (CO) Flake Lucas Rokita Young (IN) Bass (CA) Cicilline Doggett Blumenauer Cole Fleischmann Becerra Clarke (MI) Dold Bonamici Conaway Fleming NOES—41 Berkley Clay Doyle Bonner Connolly (VA) Flores Berman Cohen Duncan (SC) Bono Mack Cooper Forbes Andrews Cohen Fudge Biggert Connolly (VA) Ellison Boren Costello Fortenberry Becerra Conyers Hahn Bishop (NY) Conyers Farr Boswell Courtney Foxx Butterfield Crowley Hinchey Blumenauer Cooper Fitzpatrick Boustany Cravaack Frank (MA) Carson (IN) Davis (IL) Hinojosa Bonamici Costa Frank (MA) Brady (PA) Crawford Franks (AZ) Chu DeGette Honda Boswell Crawford Gerlach Brady (TX) Crenshaw Frelinghuysen Clarke (NY) Dicks Jackson (IL) Brady (PA) Critz Gibson Braley (IA) Critz Gallegly Cleaver Dingell Johnson (GA) Braley (IA) Crowley Goodlatte Brooks Cuellar Gardner Clyburn Edwards Kaptur Brown (FL) Cummings Gowdy

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2517 Grijalva Matheson Ryan (OH) Pitts Royce Thompson (PA) Chandler Johnson (IL) Quayle Grimm McCarthy (NY) Sa´ nchez, Linda Poe (TX) Runyan Thornberry Coble Johnson (OH) Reed Guinta McCollum T. Polis Ruppersberger Tiberi Coffman (CO) Johnson, Sam Rehberg Gutierrez McDermott Sanchez, Loretta Pompeo Ryan (WI) Tipton Cole Jones Reichert Hahn McGovern Sarbanes Posey Scalise Turner (NY) Conaway Jordan Renacci Hanabusa McIntyre Schakowsky Price (GA) Schiff Turner (OH) Cravaack Kelly Ribble Harris McKinley Schrader Quayle Schilling Van Hollen Crawford King (IA) Rivera Hayworth Meehan Schwartz Reed Schmidt Vela´ zquez Crenshaw King (NY) Roby Heinrich Meeks Scott (SC) Rehberg Schock Walberg Culberson Kingston Roe (TN) Herrera Beutler Michaud Scott (VA) Renacci Schweikert Walsh (IL) Davis (KY) Kinzinger (IL) Rogers (AL) Higgins Miller, George Scott, David Reyes Scott, Austin Walz (MN) Denham Kissell Rogers (KY) Dent Hinojosa Moran Serrano Ribble Sensenbrenner Wasserman Kline Rogers (MI) Richmond Sessions Schultz DesJarlais Labrador Hirono Mulvaney Sherman Rohrabacher Hochul Myrick Rigell Sewell Waxman Diaz-Balart Lamborn Shuler Rokita Holden Nadler Rivera Shimkus Webster Dreier Lance Sires Rooney Holt Neal Roby Shuster West Duffy Landry Smith (NJ) Ros-Lehtinen Israel Olver Roe (TN) Simpson Westmoreland Duncan (SC) Lankford Smith (WA) Roskam Jackson (IL) Owens Rogers (AL) Smith (NE) Whitfield Duncan (TN) Latham Speier Ross (AR) Johnson (GA) Pallone Rogers (KY) Smith (TX) Wilson (FL) Ellmers Latta Stark Ross (FL) Jones Pascrell Rogers (MI) Southerland Wittman Emerson Lewis (CA) Royce Keating Pastor (AZ) Thompson (MS) Rohrabacher Stearns Wolf Farenthold LoBiondo Tierney Runyan Kildee Pence Rokita Stivers Womack Fincher Long Scalise Tonko Fitzpatrick Lucas Kind Peters Rooney Stutzman Woodall Schilling Towns Ros-Lehtinen Sutton Yoder Flake Luetkemeyer Kissell Pingree (ME) Schock Tsongas Roskam Terry Young (AK) Fleischmann Lummis Labrador Platts Schweikert Upton Ross (FL) Thompson (CA) Young (IN) Fleming Mack Langevin Price (NC) Scott (SC) Larsen (WA) Quigley Visclosky Flores Manzullo Scott, Austin Levin Rahall Walden NOT VOTING—11 Forbes Marchant Sessions Lipinski Rangel Waters Franks (AZ) Marino Bachmann Filner Pelosi Shimkus LoBiondo Reichert Watt Frelinghuysen Matheson Bachus Garamendi Slaughter Shuler Loebsack Richardson Welch Gallegly McCarthy (CA) Cleaver Kucinich Sullivan Shuster Luja´ n Ross (AR) Wilson (SC) Gardner McClintock Donnelly (IN) Miller (FL) Simpson Lynch Rothman (NJ) Woolsey Garrett McCotter Smith (NE) Maloney Roybal-Allard Yarmuth ANNOUNCEMENT BY THE ACTING CHAIR Gerlach McHenry Smith (NJ) Markey Rush Young (FL) The Acting CHAIR (during the vote). Gibbs McIntyre Gingrey (GA) McKeon Smith (TX) There is 1 minute remaining. Southerland NOES—260 Gohmert McKinley Goodlatte McMorris Stearns Adams Duffy Jordan b 1832 Gosar Rodgers Stivers Aderholt Duncan (TN) Kaptur Stutzman So the amendment was rejected. Gowdy Mica Akin Edwards Kelly Granger Miller (FL) Sullivan Alexander Ellmers King (IA) The result of the vote was announced Graves (GA) Miller, Gary Terry Amash Emerson King (NY) as above recorded. Graves (MO) Mulvaney Thompson (PA) Amodei Engel Kingston Stated for: Griffin (AR) Murphy (PA) Thornberry Austria Eshoo Kinzinger (IL) Griffith (VA) Myrick Tiberi Barletta Farenthold Kline Mr. FILNER. Mr. Chair, on rollcall 227, I was Grimm Neugebauer Tipton Barton (TX) Fattah Lamborn away from the Capitol due to prior commit- Guinta Noem Turner (NY) Bass (NH) Fincher Lance ments to my constituents. Had I been present, Guthrie Nugent Turner (OH) Benishek Flake Landry Upton I would have voted ‘‘aye.’’ Hall Nunes Berg Fleischmann Lankford Hanna Nunnelee Walberg Bilbray Fleming Larson (CT) Stated against: Harper Olson Walden Bilirakis Flores Latham Mr. MILLER of Florida. Mr. Chair, due to Harris Palazzo Walsh (IL) Bishop (GA) Forbes LaTourette being unavoidably detained, I missed the fol- Hastings (WA) Paul Webster Bishop (UT) Fortenberry Latta Hayworth Paulsen West Black Foxx Lee (CA) lowing rollcall vote: No. 227 on May 9, 2012. Heck Pearce Westmoreland Blackburn Franks (AZ) Lewis (CA) If present, I would have voted ‘‘no.’’ Hensarling Pence Whitfield Bonner Frelinghuysen Lewis (GA) AMENDMENT OFFERED BY MRS. BLACKBURN Herger Peterson Wilson (SC) Bono Mack Fudge Lofgren, Zoe Herrera Beutler Petri Wittman Boren Gallegly Long The Acting CHAIR. The unfinished Huelskamp Pitts Wolf Boustany Gardner Lowey business is the demand for a recorded Huizenga (MI) Platts Womack Brady (TX) Garrett Lucas vote on the amendment offered by the Hultgren Poe (TX) Yoder Brooks Gibbs Luetkemeyer Hunter Pompeo Young (AK) Broun (GA) Gingrey (GA) Lummis gentlewoman from Tennessee (Mrs. Hurt Posey Young (FL) Buchanan Gohmert Lungren, Daniel BLACKBURN) on which further pro- Jenkins Price (GA) Young (IN) Bucshon Gonzalez E. ceedings were postponed and on which Buerkle Gosar Mack NOES—194 Burgess the ayes prevailed by voice vote. Granger Manzullo Ackerman Cleaver Fudge Burton (IN) Graves (GA) Marchant The Clerk will redesignate the Altmire Clyburn Garamendi Butterfield Graves (MO) Marino amendment. Andrews Cohen Gibson Calvert Green, Al Matsui Baca Connolly (VA) Gonzalez Campbell The Clerk redesignated the amend- Green, Gene McCarthy (CA) Baldwin Conyers Green, Al Canseco ment. Griffin (AR) McCaul Bass (CA) Cooper Green, Gene Cantor Griffith (VA) McClintock RECORDED VOTE Becerra Costa Grijalva Capito Guthrie McCotter Berkley Costello Gutierrez Capps The Acting CHAIR. A recorded vote Hall McHenry Berman Courtney Hahn Carter Hanna McKeon has been demanded. Biggert Critz Hanabusa Cassidy Harper McMorris A recorded vote was ordered. Bishop (GA) Crowley Hartzler Castor (FL) Hartzler Rodgers Bishop (NY) Cuellar Hastings (FL) Chabot The Acting CHAIR. This is a 2- Hastings (FL) McNerney Blumenauer Cummings Heinrich Chaffetz minute vote. Hastings (WA) Mica Bonamici Davis (CA) Higgins Chu Heck Miller (MI) The vote was taken by electronic de- Boswell Davis (IL) Himes Clarke (NY) Hensarling Miller (NC) vice, and there were—ayes 229, noes 194, Brady (PA) DeFazio Hinchey Clyburn Herger Miller, Gary Braley (IA) DeGette Hinojosa Coble not voting 8, as follows: Himes Moore Brown (FL) DeLauro Hirono Coffman (CO) Hinchey Murphy (CT) [Roll No. 228] Burgess Deutch Hochul Cole Honda Murphy (PA) Butterfield Dicks Holden Conaway AYES—229 Hoyer Napolitano Capps Dingell Holt Costello Adams Berg Buchanan Huelskamp Neugebauer Capuano Doggett Honda Courtney Aderholt Bilbray Bucshon Huizenga (MI) Noem Cardoza Dold Hoyer Cravaack Akin Bilirakis Buerkle Hultgren Nugent Carnahan Doyle Israel Crenshaw Alexander Bishop (UT) Burton (IN) Hunter Nunes Carney Edwards Issa Cuellar Amash Black Calvert Hurt Nunnelee Carson (IN) Ellison Jackson (IL) Culberson Amodei Blackburn Camp Issa Olson Castor (FL) Engel Jackson Lee DeLauro Austria Bonner Campbell Jackson Lee Palazzo Chaffetz Eshoo (TX) Denham Barletta Bono Mack Canseco (TX) Paul Chu Farr Johnson (GA) DesJarlais Barrow Boren Cantor Jenkins Paulsen Cicilline Fattah Johnson, E. B. Deutch Bartlett Boustany Capito Johnson (IL) Pearce Clarke (MI) Fortenberry Kaptur Diaz-Balart Barton (TX) Brady (TX) Carter Johnson (OH) Perlmutter Clarke (NY) Foxx Keating Dicks Bass (NH) Brooks Cassidy Johnson, E. B. Peterson Clay Frank (MA) Kildee Dreier Johnson, Sam Petri Benishek Broun (GA) Chabot

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2518 CONGRESSIONAL RECORD — HOUSE May 9, 2012 Kind Nadler Schrader Benishek Granger Palazzo Hanabusa Markey Ryan (OH) Langevin Napolitano Schwartz Berg Graves (GA) Paul Hartzler Matsui Sa´ nchez, Linda Larsen (WA) Neal Scott (VA) Biggert Graves (MO) Paulsen Hastings (FL) McCarthy (NY) T. Larson (CT) Olver Scott, David Bilbray Griffin (AR) Pearce Heinrich McCollum Sanchez, Loretta LaTourette Owens Sensenbrenner Bilirakis Griffith (VA) Pence Higgins McCotter Sarbanes Lee (CA) Pallone Serrano Bishop (UT) Guinta Petri Himes McDermott Schakowsky Levin Pascrell Sewell Black Guthrie Pitts Hinchey McGovern Schiff Lewis (GA) Pastor (AZ) Sherman Blackburn Hall Platts Hinojosa McKinley Schilling Lipinski Pelosi Sires Bonner Hanna Poe (TX) Hirono McNerney Schock Loebsack Perlmutter Smith (WA) Bono Mack Harper Pompeo Hochul Meeks Schrader Lofgren, Zoe Peters Speier Boren Harris Posey Holden Michaud Schwartz Lowey Pingree (ME) Stark Boustany Hastings (WA) Price (GA) Holt Miller (NC) Scott (VA) Luja´ n Polis Sutton Brady (TX) Hayworth Quayle Honda Miller, George Scott, David Lungren, Daniel Price (NC) Thompson (CA) Brooks Heck Reed Hoyer Moore Serrano E. Quigley Thompson (MS) Broun (GA) Hensarling Rehberg Israel Moran Sewell Lynch Rahall Tierney Buchanan Herger Reichert Jackson (IL) Murphy (CT) Sherman Maloney Rangel Tonko Bucshon Herrera Beutler Renacci Jackson Lee Nadler Sires Markey Reyes Towns Buerkle Huelskamp Ribble (TX) Napolitano Smith (NJ) Matsui Richardson Tsongas Burgess Huizenga (MI) Rigell Johnson (GA) Neal Smith (WA) McCarthy (NY) Richmond Van Hollen Burton (IN) Hultgren Rivera Johnson (IL) Olver Speier McCollum Rigell Vela´ zquez Calvert Hunter Roby Johnson, E. B. Owens Stark McDermott Rothman (NJ) Visclosky Camp Hurt Roe (TN) Kaptur Pallone Sutton McGovern Roybal-Allard Walz (MN) Campbell Issa Rogers (AL) Keating Pascrell Thompson (CA) McNerney Ruppersberger Wasserman Canseco Jenkins Rogers (KY) Kildee Pastor (AZ) Thompson (MS) Meehan Rush Schultz Cantor Johnson (OH) Rogers (MI) Kind Pelosi Tierney Meeks Ryan (OH) Waters Capito Johnson, Sam Rohrabacher Kissell Perlmutter Tonko Michaud Ryan (WI) Watt Carter Jones Rokita Langevin Peters Towns Miller (MI) Sa´ nchez, Linda Waxman Cassidy Jordan Rooney Larsen (WA) Peterson Tsongas Miller (NC) T. Welch Chabot Kelly Ros-Lehtinen Larson (CT) Pingree (ME) Van Hollen Miller, George Sanchez, Loretta Wilson (FL) Chaffetz King (IA) Roskam LaTourette Polis Vela´ zquez Moore Sarbanes Woodall Coble King (NY) Ross (AR) Lee (CA) Price (NC) Visclosky Moran Schakowsky Woolsey Coffman (CO) Kingston Ross (FL) Levin Quigley Walz (MN) Murphy (CT) Schiff Yarmuth Cole Kinzinger (IL) Royce Lewis (GA) Rahall Wasserman Conaway Kline Ryan (WI) Lipinski Rangel Schultz NOT VOTING—8 Cravaack Labrador Scalise LoBiondo Reyes Waters Bachmann Filner Schmidt Crawford Lamborn Schweikert Loebsack Richardson Watt Bachus Kucinich Slaughter Crenshaw Lance Scott (SC) Lofgren, Zoe Richmond Waxman Donnelly (IN) McCaul Cuellar Landry Scott, Austin Lowey Rothman (NJ) Welch Culberson Lankford Sensenbrenner Luetkemeyer Roybal-Allard Wilson (FL) ANNOUNCEMENT BY THE ACTING CHAIR Davis (KY) Latham Sessions Luja´ n Runyan Woolsey The Acting CHAIR (during the vote). Denham Latta Shimkus Lynch Ruppersberger Yarmuth There is 1 minute remaining. Dent Lewis (CA) Shuler Maloney Rush Young (AK) DesJarlais Long Shuster Diaz-Balart Lucas Simpson NOT VOTING—7 b 1836 Dold Lummis Smith (NE) Bachmann Filner Slaughter Dreier Lungren, Daniel Smith (TX) Bachus Kucinich So the amendment was agreed to. Duffy E. Southerland Donnelly (IN) Schmidt The result of the vote was announced Duncan (SC) Mack Stearns ANNOUNCEMENT BY THE ACTING CHAIR as above recorded. Duncan (TN) Manzullo Stivers Ellmers Marchant Stutzman The Acting CHAIR (during the vote). Stated for: Emerson Marino Sullivan There is 1 minute remaining. Mrs. MILLER of Michigan. Mr. Chair, on roll- Farenthold Matheson Terry call No. 228, I made an error voting. It was my Fincher McCarthy (CA) Thompson (PA) 1840 Fitzpatrick McCaul Thornberry b intention to vote ‘‘aye’’ on the Blackburn Flake McClintock Tiberi Mr. SCHILLING changed his vote Amendment. Had I been present, I would have Fleischmann McHenry Tipton from ‘‘aye’’ to ‘‘no.’’ Fleming McIntyre Turner (NY) voted ‘‘aye.’’ So the amendment was agreed to. Stated against: Flores McKeon Turner (OH) Forbes McMorris Upton The result of the vote was announced Mr. FILNER. Mr. Chair, on rollcall No. 228, Fortenberry Rodgers Walberg as above recorded. I was away from the Capitol due to prior com- Foxx Meehan Walden Stated against: mitments to my constituents. Had I been Franks (AZ) Mica Walsh (IL) Frelinghuysen Miller (FL) Webster Mr. FILNER. Mr. Chair, on rollcall 229, I was present, I would have voted ‘‘no.’’ Gallegly Miller (MI) West away from the Capitol due to prior commit- AMENDMENT NO. 38 OFFERED BY MR. DUNCAN OF Gardner Miller, Gary Westmoreland ments to my constituents. Had I been present, SOUTH CAROLINA Garrett Mulvaney Whitfield I would have voted ‘‘no.’’ The Acting CHAIR. The unfinished Gerlach Murphy (PA) Wilson (SC) Gibbs Myrick Wittman AMENDMENT OFFERED BY MR. GARRETT business is the demand for a recorded Gibson Neugebauer Wolf The Acting CHAIR. The unfinished vote on the amendment offered by the Gingrey (GA) Noem Womack business is the demand for a recorded gentleman from South Carolina (Mr. Gohmert Nugent Woodall Goodlatte Nunes Yoder vote on the amendment offered by the DUNCAN) on which further proceedings Gosar Nunnelee Young (FL) gentleman from New Jersey (Mr. GAR- were postponed and on which the ayes Gowdy Olson Young (IN) RETT) on which further proceedings prevailed by voice vote. were postponed and on which the ayes The Clerk will redesignate the NOES—192 prevailed by voice vote. amendment. Ackerman Carson (IN) DeGette Altmire Castor (FL) DeLauro The Clerk will redesignate the The Clerk redesignated the amend- Andrews Chandler Deutch amendment. ment. Baca Chu Dicks The Clerk redesignated the amend- RECORDED VOTE Baldwin Cicilline Dingell Bass (CA) Clarke (MI) Doggett ment. The Acting CHAIR. A recorded vote Becerra Clarke (NY) Doyle RECORDED VOTE has been demanded. Berkley Clay Edwards The Acting CHAIR. A recorded vote A recorded vote was ordered. Berman Cleaver Ellison Bishop (GA) Clyburn Engel has been demanded. The Acting CHAIR. This is a 2- Bishop (NY) Cohen Eshoo A recorded vote was ordered. minute vote. Blumenauer Connolly (VA) Farr The Acting CHAIR. This is a 2- The vote was taken by electronic de- Bonamici Conyers Fattah minute vote. vice, and there were—ayes 232, noes 192, Boswell Cooper Frank (MA) Brady (PA) Costa Fudge The vote was taken by electronic de- not voting 7, as follows: Braley (IA) Costello Garamendi vice, and there were—ayes 238, noes 185, [Roll No. 229] Brown (FL) Courtney Gonzalez Butterfield Critz Green, Al not voting 8, as follows: AYES—232 Capps Crowley Green, Gene [Roll No. 230] Adams Amash Barrow Capuano Cummings Grijalva Aderholt Amodei Bartlett Cardoza Davis (CA) Grimm AYES—238 Akin Austria Barton (TX) Carnahan Davis (IL) Gutierrez Adams Akin Amash Alexander Barletta Bass (NH) Carney DeFazio Hahn Aderholt Alexander Amodei

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2519 Austria Graves (GA) Palazzo Ellison Lipinski Richmond Austria Graves (MO) Palazzo Barletta Graves (MO) Paul Engel Loebsack Rothman (NJ) Barletta Griffin (AR) Paul Bartlett Griffin (AR) Paulsen Eshoo Lofgren, Zoe Roybal-Allard Bartlett Griffith (VA) Paulsen Barton (TX) Griffith (VA) Pearce Farr Lowey Ruppersberger Barton (TX) Grimm Pearce Bass (NH) Grimm Pence Fattah Luja´ n Rush Bass (NH) Guinta Pence Benishek Guinta Petri Frank (MA) Lynch Ryan (OH) Benishek Guthrie Petri Berg Guthrie Pitts Fudge Maloney Sa´ nchez, Linda Berg Hall Pitts Bilbray Hall Platts Garamendi Markey T. Bilbray Hanna Platts Bilirakis Hanna Poe (TX) Gonzalez Matheson Sanchez, Loretta Bilirakis Harper Poe (TX) Bishop (UT) Harper Pompeo Green, Al Matsui Sarbanes Bishop (UT) Harris Pompeo Black Harris Posey Green, Gene McCarthy (NY) Schakowsky Black Hartzler Posey Blackburn Hartzler Price (GA) Grijalva McCollum Schiff Blackburn Hastings (WA) Price (GA) Bonner Hastings (WA) Quayle Gutierrez McDermott Schrader Bonner Heck Quayle Bono Mack Hayworth Reed Hahn McGovern Schwartz Bono Mack Hensarling Reed Boren Heck Rehberg Hanabusa McIntyre Scott (VA) Boustany Herger Rehberg Boustany Hensarling Reichert Hastings (FL) McNerney Scott, David Brady (TX) Herrera Beutler Reichert Heinrich Meehan Brooks Huelskamp Brady (TX) Herger Renacci Serrano Renacci Higgins Meeks Broun (GA) Huizenga (MI) Ribble Brooks Herrera Beutler Ribble Sewell Broun (GA) Huelskamp Himes Michaud Buchanan Hultgren Rivera Rigell Sherman Buchanan Huizenga (MI) Rivera Hinchey Miller (NC) Bucshon Hunter Roby Sires Bucshon Hultgren Roby Hinojosa Miller, George Buerkle Hurt Roe (TN) Smith (WA) Buerkle Hunter Roe (TN) Hirono Moore Burgess Issa Rogers (AL) Speier Burgess Hurt Rogers (AL) Hochul Moran Burton (IN) Jenkins Rogers (KY) Stark Burton (IN) Issa Rogers (KY) Holden Murphy (CT) Calvert Johnson (IL) Rogers (MI) Sutton Calvert Jenkins Rogers (MI) Holt Nadler Camp Johnson (OH) Rohrabacher Camp Johnson (IL) Rohrabacher Honda Napolitano Thompson (CA) Campbell Johnson, Sam Rokita Campbell Johnson (OH) Rokita Hoyer Neal Thompson (MS) Canseco Jones Rooney Canseco Johnson, Sam Rooney Israel Olver Tierney Cantor Jordan Ros-Lehtinen Cantor Jordan Ros-Lehtinen Jackson (IL) Owens Tonko Capito Kelly Roskam Capito Kelly Roskam Jackson Lee Pallone Towns Carter King (IA) Ross (FL) Carter King (IA) Ross (AR) (TX) Pascrell Tsongas Cassidy King (NY) Royce Cassidy King (NY) Ross (FL) Johnson (GA) Pastor (AZ) Van Hollen Chabot Kingston Runyan Chabot Kingston Royce Johnson, E. B. Pelosi Vela´ zquez Chaffetz Kinzinger (IL) Ryan (WI) Chaffetz Kinzinger (IL) Runyan Jones Perlmutter Visclosky Coble Kline Scalise Coble Kissell Ryan (WI) Kaptur Peters Walz (MN) Coffman (CO) Labrador Schilling Coffman (CO) Kline Scalise Keating Peterson Wasserman Cole Lamborn Schock Cole Labrador Schilling Kildee Pingree (ME) Schultz Conaway Lance Schweikert Conaway Lamborn Schock Kind Polis Waters Cravaack Landry Scott (SC) Cravaack Lance Schweikert Langevin Price (NC) Watt Crawford Lankford Scott, Austin Crawford Landry Scott (SC) Larsen (WA) Quigley Waxman Crenshaw Latham Sensenbrenner Crenshaw Lankford Scott, Austin Larson (CT) Rahall Welch Culberson LaTourette Sessions Cuellar Latham Sensenbrenner Lee (CA) Rangel Wilson (FL) Davis (KY) Latta Shimkus Culberson LaTourette Sessions Levin Reyes Woolsey Denham Lewis (CA) Shuster Davis (KY) Latta Shimkus Lewis (GA) Richardson Yarmuth Dent LoBiondo Simpson Denham Lewis (CA) Shuler DesJarlais Long Smith (NE) Dent LoBiondo Shuster NOT VOTING—8 Diaz-Balart Lucas Smith (NJ) DesJarlais Long Simpson Bachmann Filner Slaughter Dold Luetkemeyer Smith (TX) Diaz-Balart Lucas Smith (NE) Bachus Kucinich Sullivan Dreier Lummis Southerland Dreier Luetkemeyer Smith (NJ) Donnelly (IN) Schmidt Duffy Lungren, Daniel Stearns Duffy Lummis Smith (TX) Duncan (SC) E. Stivers Duncan (SC) Lungren, Daniel Southerland ANNOUNCEMENT BY THE ACTING CHAIR Duncan (TN) Mack Stutzman Duncan (TN) E. Stearns The Acting CHAIR (during the vote). Ellmers Manzullo Sullivan Ellmers Mack Stivers There is 1 minute remaining. Emerson Marchant Terry Emerson Manzullo Stutzman Farenthold Marino Thompson (PA) Farenthold Marchant Terry Fincher McCarthy (CA) Thornberry Fincher Marino Thompson (PA) b 1844 Fitzpatrick McCaul Tiberi Fitzpatrick McCarthy (CA) Thornberry Flake McClintock Tipton Flake McCaul Tiberi So the amendment was agreed to. Fleischmann McCotter Turner (NY) Fleischmann McClintock Tipton The result of the vote was announced Fleming McHenry Turner (OH) Fleming McCotter Turner (NY) as above recorded. Flores McKeon Upton Flores McHenry Turner (OH) Fortenberry McKinley Walberg Forbes McKeon Upton Stated against: Foxx McMorris Walden Fortenberry McKinley Walberg Mr. FILNER. Mr. Chair, on rollcall 230, I was Franks (AZ) Rodgers Walsh (IL) Foxx McMorris Walden away from the Capitol due to prior commit- Frelinghuysen Mica Webster Franks (AZ) Rodgers Walsh (IL) Gallegly Miller (FL) West Frelinghuysen Mica Webster ments to my constituents. Had I been present, Gardner Miller (MI) Westmoreland Gallegly Miller (FL) West I would have voted ‘‘no.’’ Garrett Miller, Gary Whitfield Gardner Miller (MI) Westmoreland AMENDMENT OFFERED BY MR. SCHWEIKERT Gerlach Mulvaney Wilson (SC) Garrett Miller, Gary Whitfield Gibbs Murphy (PA) Wittman Gerlach Mulvaney Wilson (SC) The Acting CHAIR. The unfinished Gingrey (GA) Myrick Wolf Gibbs Murphy (PA) Wittman business is the demand for a recorded Gohmert Neugebauer Womack Gibson Myrick Wolf vote on the amendment offered by the Goodlatte Noem Woodall Gingrey (GA) Neugebauer Womack gentleman from Arizona (Mr. Gosar Nugent Yoder Gohmert Noem Woodall Gowdy Nunes Young (AK) Goodlatte Nugent Yoder SCHWEIKERT) on which further pro- Granger Nunnelee Young (FL) Gosar Nunes Young (AK) ceedings were postponed and on which Graves (GA) Olson Young (IN) Gowdy Nunnelee Young (FL) the ayes prevailed by voice vote. Granger Olson Young (IN) NOES—190 The Clerk will redesignate the Ackerman Capps Courtney NOES—185 amendment. Amash Capuano Critz Andrews Cardoza Crowley Ackerman Butterfield Cooper The Clerk redesignated the amend- Baca Carnahan Cuellar Altmire Capps Costa ment. Baldwin Carney Cummings Andrews Capuano Costello RECORDED VOTE Barrow Carson (IN) Davis (CA) Baca Cardoza Courtney Bass (CA) Castor (FL) Davis (IL) Baldwin Carnahan Critz The Acting CHAIR. A recorded vote Becerra Chandler DeFazio Barrow Carney Crowley has been demanded. Berkley Chu DeGette Bass (CA) Carson (IN) Cummings A recorded vote was ordered. Berman Cicilline DeLauro Becerra Castor (FL) Davis (CA) Biggert Clarke (MI) Deutch Berkley Chandler Davis (IL) The Acting CHAIR. This is a 2- Bishop (GA) Clarke (NY) Dicks Berman Chu DeFazio minute vote. Bishop (NY) Clay Dingell Biggert Cicilline DeGette The vote was taken by electronic de- Blumenauer Cleaver Doggett Bishop (GA) Clarke (MI) DeLauro vice, and there were—ayes 232, noes 190, Bonamici Clyburn Doyle Bishop (NY) Clarke (NY) Deutch Boren Cohen Edwards Blumenauer Clay Dicks not voting 9, as follows: Boswell Connolly (VA) Ellison Bonamici Cleaver Dingell [Roll No. 231] Brady (PA) Conyers Engel Boswell Clyburn Doggett Braley (IA) Cooper Eshoo Brady (PA) Cohen Dold AYES—232 Brown (FL) Costa Farr Braley (IA) Connolly (VA) Doyle Adams Akin Altmire Butterfield Costello Fattah Brown (FL) Conyers Edwards Aderholt Alexander Amodei

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2520 CONGRESSIONAL RECORD — HOUSE May 9, 2012 Forbes Lofgren, Zoe Rothman (NJ) Austria Griffin (AR) Olson Farr Lowey Ruppersberger Frank (MA) Lowey Roybal-Allard Barletta Griffith (VA) Palazzo Fattah Luja´ n Rush Fudge Luja´ n Ruppersberger Bartlett Grimm Paul Frank (MA) Lynch Ryan (OH) Garamendi Lynch Rush Barton (TX) Guinta Paulsen Fudge Maloney Sa´ nchez, Linda Gibson Maloney Ryan (OH) Bass (NH) Guthrie Pearce Garamendi Markey T. Gonzalez Markey Sa´ nchez, Linda Benishek Hall Pence Gerlach Matheson Sanchez, Loretta Green, Al Matheson T. Berg Hanna Petri Gibson Matsui Sarbanes Green, Gene Matsui Sanchez, Loretta Bilirakis Harper Pitts Gonzalez McCarthy (NY) Schakowsky Grijalva McCarthy (NY) Sarbanes Bishop (UT) Harris Platts Green, Al McCollum Schiff Gutierrez McCollum Grijalva McDermott Schakowsky Black Hartzler Poe (TX) Schrader Hahn McDermott Blackburn Hastings (WA) Pompeo Gutierrez McGovern Schiff Schwartz Hanabusa McGovern Bonner Heck Posey Hahn McHenry Schrader Scott (VA) Hastings (FL) McIntyre Bono Mack Hensarling Price (GA) Hanabusa McIntyre Schwartz Scott, David Hayworth McNerney Boren Herger Quayle Hastings (FL) McNerney Heinrich Meehan Scott (VA) Boustany Herrera Beutler Reed Hayworth Meeks Serrano Higgins Meeks Scott, David Brady (TX) Hochul Rehberg Heinrich Michaud Sewell Himes Michaud Serrano Brooks Huelskamp Reichert Higgins Miller (NC) Sherman Hinchey Miller, George Sewell Broun (GA) Huizenga (MI) Renacci Himes Miller, George Shuler Hinojosa Moore Sherman Buchanan Hultgren Ribble Hinchey Moore Sires Hirono Moran Shuler Bucshon Hunter Rigell Hinojosa Moran Smith (WA) Hochul Murphy (CT) Sires Buerkle Hurt Rivera Hirono Murphy (CT) Speier Holden Nadler Smith (WA) Burgess Issa Roby Holden Nadler Stark Holt Napolitano Speier Burton (IN) Jenkins Roe (TN) Holt Napolitano Sutton Honda Neal Stark Calvert Johnson (IL) Rogers (AL) Honda Neal Thompson (CA) Hoyer Olver Sutton Camp Johnson (OH) Rogers (KY) Hoyer Owens Thompson (MS) Israel Owens Thompson (CA) Campbell Johnson, Sam Rogers (MI) Israel Pallone Thompson (PA) Jackson (IL) Pallone Thompson (MS) Canseco Jones Rohrabacher Jackson (IL) Pascrell Tierney Jackson Lee Pascrell Tierney Cantor Jordan Rokita Jackson Lee Pastor (AZ) Tonko (TX) Pastor (AZ) (TX) Pelosi Tonko Capito Kelly Rooney Towns Johnson (GA) Pelosi Carter King (IA) Johnson (GA) Perlmutter Towns Ros-Lehtinen Tsongas Johnson, E. B. Perlmutter Cassidy King (NY) Roskam Johnson, E. B. Peters Tsongas Turner (OH) Kaptur Peters Chabot Kingston Ross (FL) Kaptur Peterson Van Hollen Van Hollen Keating Peterson Chaffetz Kinzinger (IL) Royce Keating Pingree (ME) Vela´ zquez Vela´ zquez Kildee Pingree (ME) Coble Kissell Runyan Kildee Polis Kind Polis Visclosky Coffman (CO) Kline Ryan (WI) Kind Price (NC) Visclosky Kissell Price (NC) Walz (MN) Cole Labrador Scalise Langevin Quigley Walz (MN) Langevin Quigley Wasserman Conaway Lamborn Schilling Larsen (WA) Rahall Wasserman Larsen (WA) Rahall Schultz Cravaack Lance Schock Larson (CT) Rangel Schultz Larson (CT) Rangel Waters Crawford Landry Schweikert Lee (CA) Reyes Waters Lee (CA) Reyes Watt Crenshaw Lankford Scott (SC) Levin Richardson Watt Levin Richardson Waxman Culberson Latham Scott, Austin Lewis (GA) Richmond Waxman Lewis (GA) Richmond Wilson (FL) Davis (KY) LaTourette Sensenbrenner Lipinski Ross (AR) Wilson (FL) Lipinski Rigell Woolsey Denham Latta Sessions Loebsack Rothman (NJ) Woolsey Loebsack Ross (AR) Yarmuth DesJarlais Lewis (CA) Shimkus Lofgren, Zoe Roybal-Allard Yarmuth Diaz-Balart LoBiondo Shuster NOT VOTING—9 Dreier Long Simpson NOT VOTING—9 Bachmann Filner Schmidt Duffy Lucas Smith (NE) Bachmann Filner Schmidt Bachus Kucinich Slaughter Duncan (SC) Luetkemeyer Smith (NJ) Bachus Kucinich Slaughter Donnelly (IN) Miller (NC) Welch Duncan (TN) Lummis Smith (TX) Donnelly (IN) Olver Welch Ellmers Lungren, Daniel Southerland ANNOUNCEMENT BY THE ACTING CHAIR Emerson E. Stearns ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR (during the vote). Farenthold Mack Stivers The Acting CHAIR (during the vote). There is 1 minute remaining. Fincher Manzullo Stutzman There is 1 minute remaining. Fitzpatrick Marchant Sullivan Flake Marino Terry b 1850 b 1847 Fleischmann McCarthy (CA) Thornberry Fleming McCaul Tiberi So the amendment was agreed to. So the amendment was agreed to. Flores McClintock Tipton The result of the vote was announced The result of the vote was announced Forbes McCotter Turner (NY) as above recorded. Fortenberry McKeon Upton as above recorded. Stated against: Foxx McKinley Walberg Stated against: Franks (AZ) McMorris Walden Mr. FILNER. Mr. Chair, on rollcall 232, I was Mr. FILNER. Mr. Chair, on rollcall 231, I was Frelinghuysen Rodgers Walsh (IL) away from the Capitol due to prior commit- Gallegly Meehan Webster away from the Capitol due to prior commit- ments to my constituents. Had I been present, Gardner Mica West ments to my constituents. Had I been present, Garrett Miller (FL) Westmoreland I would have voted ‘‘no.’’ I would have voted ‘‘no.’’ Gibbs Miller (MI) Whitfield AMENDMENT OFFERED BY MR. FLORES AMENDMENT NO. 46 OFFERED BY MR. WEBSTER Gingrey (GA) Miller, Gary Wilson (SC) Gohmert Mulvaney Wittman The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Goodlatte Murphy (PA) Wolf business is the demand for a recorded business is the demand for a recorded Gosar Myrick Womack vote on the first amendment offered by vote on the amendment offered by the Gowdy Neugebauer Woodall Granger Noem Yoder the gentleman from Texas (Mr. FLO- gentleman from Florida (Mr. WEBSTER) Graves (GA) Nugent Young (AK) RES) on which further proceedings were on which further proceedings were Graves (MO) Nunes Young (FL) postponed and on which the noes pre- postponed and on which the ayes pre- Green, Gene Nunnelee Young (IN) vailed by voice vote. vailed by voice vote. The Clerk will redesignate the The Clerk will redesignate the NOES—190 amendment. amendment. Ackerman Capps Courtney Altmire Capuano Critz The Clerk redesignated the amend- The Clerk redesignated the amend- Andrews Cardoza Crowley ment. ment. Baca Carnahan Cuellar RECORDED VOTE RECORDED VOTE Baldwin Carney Cummings Barrow Carson (IN) Davis (CA) The Acting CHAIR. A recorded vote The Acting CHAIR. A recorded vote Bass (CA) Castor (FL) Davis (IL) has been demanded. has been demanded. Becerra Chandler DeFazio A recorded vote was ordered. Berkley Chu DeGette A recorded vote was ordered. Berman Cicilline DeLauro The Acting CHAIR. This is a 2- The Acting CHAIR. This is a 2- Biggert Clarke (MI) Dent minute vote. minute vote. Bilbray Clarke (NY) Deutch The vote was taken by electronic de- The vote was taken by electronic de- Bishop (GA) Clay Dicks vice, and there were—ayes 232, noes 190, Bishop (NY) Cleaver Dingell vice, and there were—ayes 250, noes 173, Blumenauer Clyburn Doggett not voting 8, as follows: not voting 9, as follows: Bonamici Cohen Dold [Roll No. 233] [Roll No. 232] Boswell Connolly (VA) Doyle Brady (PA) Conyers Edwards AYES—250 AYES—232 Braley (IA) Cooper Ellison Adams Akin Altmire Adams Akin Amash Brown (FL) Costa Engel Aderholt Alexander Amash Aderholt Alexander Amodei Butterfield Costello Eshoo

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2521 Amodei Gosar Nunnelee Deutch Larson (CT) Richardson Amodei Green, Al Palazzo Austria Gowdy Olson Dicks Lee (CA) Richmond Austria Green, Gene Paul Barletta Granger Palazzo Dingell Levin Rothman (NJ) Barletta Griffin (AR) Paulsen Barrow Graves (GA) Paul Doggett Lewis (GA) Roybal-Allard Barrow Griffith (VA) Pearce Bartlett Graves (MO) Paulsen Edwards Lipinski Ruppersberger Bartlett Grimm Pence Barton (TX) Green, Gene Pearce Ellison Loebsack Rush Barton (TX) Guinta Peterson Bass (NH) Griffin (AR) Pence Engel Lofgren, Zoe Sa´ nchez, Linda Benishek Guthrie Petri Benishek Griffith (VA) Petri Eshoo Lowey T. Berg Hall Pitts Berg Grimm Pitts Farr Luja´ n Sanchez, Loretta Bilbray Hanna Platts Biggert Guinta Platts Fattah Lynch Sarbanes Bilirakis Harper Poe (TX) Bilirakis Hall Poe (TX) Frank (MA) Maloney Schakowsky Bishop (NY) Harris Pompeo Bishop (UT) Hanna Pompeo Fudge Markey Schiff Black Hartzler Posey Black Harper Posey Garamendi Matsui Schrader Blackburn Hastings (WA) Price (GA) Blackburn Harris Price (GA) Gonzalez McCarthy (NY) Schwartz Bonner Heck Quayle Bonner Hartzler Quayle Green, Al McCollum Scott (VA) Bono Mack Hensarling Rahall Bono Mack Hastings (WA) Rahall Grijalva McDermott Scott, David Boren Herger Reed Guthrie McGovern Boustany Herrera Beutler Boren Hayworth Reed Serrano Rehberg Gutierrez McIntyre Brady (TX) Hochul Boustany Heck Rehberg Sewell Reichert Brady (TX) Hensarling Hahn McNerney Brooks Holden Reichert Sherman Renacci Brooks Herger Renacci Hanabusa Meeks Broun (GA) Huelskamp Shuler Ribble Broun (GA) Herrera Beutler Ribble Hastings (FL) Michaud Buchanan Huizenga (MI) Sires Rigell Buchanan Holden Rigell Heinrich Miller (NC) Bucshon Hultgren Smith (WA) Rivera Bucshon Huelskamp Rivera Higgins Miller, George Buerkle Hunter Speier Roby Buerkle Huizenga (MI) Roby Himes Moore Burgess Hurt Stark Roe (TN) Burgess Hultgren Roe (TN) Hinchey Moran Burton (IN) Issa Sutton Rogers (AL) Burton (IN) Hunter Rogers (AL) Hinojosa Murphy (CT) Calvert Jenkins Rogers (KY) Calvert Hurt Rogers (KY) Hirono Nadler Thompson (CA) Camp Johnson (IL) Thompson (MS) Rogers (MI) Camp Issa Rogers (MI) Hochul Napolitano Campbell Johnson (OH) Rohrabacher Campbell Jenkins Rohrabacher Holt Neal Tierney Canseco Johnson, Sam Tonko Rokita Canseco Johnson (OH) Rokita Honda Olver Cantor Jordan Rooney Hoyer Owens Towns Capito Kelly Cantor Johnson, Sam Rooney Ros-Lehtinen Israel Pallone Tsongas Carter King (IA) Capito Jones Ros-Lehtinen Roskam Jackson (IL) Pascrell Van Hollen Cassidy King (NY) Carter Jordan Roskam Ross (AR) Jackson Lee Pastor (AZ) Vela´ zquez Chabot Kingston Cassidy Kelly Ross (AR) Ross (FL) Chabot King (IA) (TX) Pelosi Visclosky Chaffetz Kinzinger (IL) Ross (FL) Royce Chaffetz King (NY) Royce Johnson (GA) Perlmutter Walz (MN) Coble Kissell Runyan Chandler Kingston Runyan Johnson (IL) Peters Wasserman Coffman (CO) Kline Ryan (WI) Coble Kinzinger (IL) Ryan (OH) Johnson, E. B. Peterson Schultz Cole Labrador Scalise Coffman (CO) Kissell Ryan (WI) Kaptur Pingree (ME) Waters Conaway Lamborn Schilling Cole Kline Scalise Keating Polis Watt Cravaack Lance Schock Conaway Labrador Schilling Kildee Price (NC) Waxman Crawford Landry Schweikert Costello Lamborn Schock Kind Quigley Wilson (FL) Crenshaw Lankford Scott (SC) Cravaack Lance Schweikert Langevin Rangel Woolsey Critz Latham Scott, Austin Crawford Landry Scott (SC) Larsen (WA) Reyes Yarmuth Cuellar Latta Sensenbrenner Crenshaw Lankford Scott, Austin Culberson Lewis (CA) Sessions Critz Latham Sensenbrenner NOT VOTING—8 Davis (KY) LoBiondo Shimkus Cuellar LaTourette Sessions Bachmann Filner Slaughter Denham Long Shuler Culberson Latta Shimkus Bachus Kucinich Welch Dent Lucas Shuster Davis (KY) Lewis (CA) Shuster Donnelly (IN) Schmidt DesJarlais Luetkemeyer Denham LoBiondo Simpson Diaz-Balart Lummis Simpson Dent Long Smith (NE) ANNOUNCEMENT BY THE ACTING CHAIR Dreier Lungren, Daniel Smith (NE) DesJarlais Lucas Smith (NJ) Duffy E. Smith (NJ) The Acting CHAIR (during the vote). Smith (TX) Diaz-Balart Luetkemeyer Smith (TX) There is 1 minute remaining. Duncan (SC) Mack Dold Lummis Southerland Duncan (TN) Manzullo Southerland Doyle Lungren, Daniel Stearns Ellmers Marchant Stivers Dreier E. Stivers b 1854 Emerson Marino Stutzman Duffy Mack Stutzman Farenthold Matheson Sullivan Duncan (SC) Manzullo Sullivan So the amendment was agreed to. Fincher McCarthy (CA) Terry Duncan (TN) Marchant Terry The result of the vote was announced Flake McCaul Thompson (PA) Ellmers Marino Thompson (PA) as above recorded. Fleischmann McClintock Thornberry Emerson Matheson Thornberry Fleming McCotter Tiberi Farenthold McCarthy (CA) Tiberi Stated against: Flores McHenry Tipton Fincher McCaul Tipton Mr. FILNER. Mr. Chair, on rollcall 233, I was Forbes McKeon Turner (NY) Fitzpatrick McClintock Turner (NY) away from the Capitol due to prior commit- Fortenberry McKinley Turner (OH) Flake McCotter Turner (OH) Foxx McMorris Upton Fleischmann McHenry Upton ments to my constituents. Had I been present, Franks (AZ) Rodgers Walberg Fleming McKeon Walberg I would have voted ‘‘no.’’ Frelinghuysen Meehan Walden Flores McKinley Walden AMENDMENT OFFERED BY MR. FLORES Gallegly Mica Walsh (IL) Forbes McMorris Walsh (IL) Gardner Miller (FL) Webster Fortenberry Rodgers Webster The Acting CHAIR. The unfinished Garrett Miller (MI) West Foxx Meehan West business is the demand for a recorded Gerlach Miller, Gary Westmoreland Franks (AZ) Mica Westmoreland vote on the second amendment offered Gibbs Mulvaney Whitfield Frelinghuysen Miller (FL) Whitfield Gibson Murphy (PA) Wilson (SC) by the gentleman from Texas (Mr. FLO- Gallegly Miller (MI) Wilson (SC) Gingrey (GA) Myrick Wittman Gardner Miller, Gary Wittman RES) on which further proceedings were Gohmert Neugebauer Wolf Garrett Mulvaney Wolf postponed and on which the noes pre- Goodlatte Noem Womack Gerlach Murphy (PA) Womack vailed by voice vote. Gosar Nugent Woodall Gibbs Myrick Woodall Gowdy Nunes Yoder Gibson Neugebauer Yoder The Clerk will redesignate the Granger Nunnelee Young (AK) Gingrey (GA) Noem Young (AK) amendment. Graves (GA) Olson Young (FL) Gohmert Nugent Young (FL) The Clerk redesignated the amend- Graves (MO) Owens Young (IN) Goodlatte Nunes Young (IN) ment. NOES—174 NOES—173 RECORDED VOTE Ackerman Brown (FL) Clyburn Andrews Butterfield Cohen Ackerman Braley (IA) Cleaver The Acting CHAIR. A recorded vote Baca Capps Connolly (VA) Andrews Brown (FL) Clyburn has been demanded. Baldwin Capuano Conyers Baca Butterfield Cohen A recorded vote was ordered. Bass (CA) Cardoza Cooper Baldwin Capps Connolly (VA) Bass (NH) Carnahan Costa Bass (CA) Capuano Conyers The Acting CHAIR. This is a 2- Becerra Carney Costello Becerra Cardoza Cooper minute vote. Berkley Carson (IN) Courtney Berkley Carnahan Costa The vote was taken by electronic de- Berman Castor (FL) Crowley Berman Carney Courtney vice, and there were—ayes 246, noes 174, Biggert Chandler Cummings Bilbray Carson (IN) Crowley Bishop (GA) Chu Davis (CA) Bishop (GA) Castor (FL) Cummings not voting 11, as follows: Blumenauer Cicilline Davis (IL) Bishop (NY) Chu Davis (CA) [Roll No. 234] Bonamici Clarke (MI) DeFazio Blumenauer Cicilline Davis (IL) Boswell Clarke (NY) DeGette Bonamici Clarke (MI) DeFazio AYES—246 Brady (PA) Clay DeLauro Boswell Clarke (NY) DeGette Adams Akin Altmire Braley (IA) Cleaver Deutch Brady (PA) Clay DeLauro Aderholt Alexander Amash

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2522 CONGRESSIONAL RECORD — HOUSE May 9, 2012 Dicks Larsen (WA) Richardson the certification to content. In recent ure of CLASS will continue if we don’t Dingell Larson (CT) Richmond Doggett LaTourette Rothman (NJ) years, the number of computer science provide CLASS with funding certainty Dold Lee (CA) Roybal-Allard bachelor degrees in the U.S. actually this year and not depend on transfers Doyle Levin Ruppersberger fell from 60,000 to 38,000, even as com- from other satellite programs. Edwards Lewis (GA) Rush puter science breakthroughs are trans- Mr. Chairman, I ask that the Appro- Ellison Lipinski Ryan (OH) Engel Loebsack Sa´ nchez, Linda forming our economy. priations Committee consider the im- Eshoo Lofgren, Zoe T. I have legislation—the Computer portance of the CLASS mission in con- Farr Lowey Sanchez, Loretta Science Education Act—that focuses ference, and encourage the chairman to Fattah Luja´ n Sarbanes on this issue, but there are other steps Fitzpatrick Lynch Schakowsky adequately fund their mission—a mis- Frank (MA) Maloney Schiff as well. First, I believe it’s important sion defined as a level of funding equal Fudge Markey Schrader that Federal STEM education pro- to last year and no job losses. Garamendi Matsui Schwartz grams explicitly incorporate the broad Mr. WOLF. Will the gentleman yield? Gonzalez McCarthy (NY) Scott (VA) Grijalva McCollum Scott, David definition of science, technology, engi- Mr. MCKINLEY. I yield to the gen- Gutierrez McDermott Serrano neering, and math reported by the tleman from Virginia. Hahn McGovern Sewell President’s Council of Advisors on Mr. WOLF. I want to thank the gen- Hanabusa McIntyre Sherman Science and Technology. This defini- Hastings (FL) McNerney Sires tleman for speaking on this issue. Hayworth Meeks Smith (WA) tion helps make sure that STEM is suf- Funding the weather satellites is a Heinrich Michaud Speier ficiently interpreted and not too nar- very high priority in this bill, as well Higgins Miller (NC) Stark rowly to cover just math. Second, to as the data systems used to store and Himes Miller, George Stearns Hinchey Moore Sutton ensure that there’s a comprehensive process data from the satellites. We Hinojosa Moran Thompson (CA) pipeline for science from K 12 all the will work with you and also our other Hirono Murphy (CT) Thompson (MS) way through to the workforce, it’s es- colleagues in the body to ensure that Holt Nadler Tierney sential that NSF and other Agencies Honda Neal Tonko the CLASS program is adequately Hoyer Olver Towns identify our Nation’s highest STEM-re- funded. Israel Pallone Tsongas lated workforce needs and use that in- Mr. MCKINLEY. Thank you, Mr. Jackson (IL) Pascrell Van Hollen formation to prioritize STEM-related Chairman. I look forward to working Jackson Lee Pastor (AZ) Vela´ zquez (TX) Pelosi Visclosky subjects in our schools. with you on this matter. Johnson (GA) Perlmutter Walz (MN) I very much look forward to working I yield back the balance of my time. Johnson, E. B. Peters Wasserman with the chairman to address these AMENDMENT OFFERED BY MR. LANDRY Jones Pingree (ME) Schultz issues as this bill continues to move Kaptur Polis Waters Mr. LANDRY. I have an amendment Keating Price (NC) Watt forward through the appropriations at the desk. Kildee Quigley Waxman process. I’m grateful to the chair for The Acting CHAIR. The Clerk will re- Kind Rangel Woolsey this conversation and his perspectives Langevin Reyes Yarmuth port the amendment. on all these critical issues, and I yield The Clerk read as follows: NOT VOTING—11 to the gentleman from Virginia. At the end of the bill (before the short Bachmann Filner Slaughter Mr. WOLF. I thank the gentleman for title), insert the following: Bachus Kucinich Welch his comments and for his active sup- Bishop (UT) Napolitano Wilson (FL) SEC. ll. None of the funds made available Donnelly (IN) Schmidt port of STEM education in all forms. by this Act may be used to implement a pro- We’ll be happy to work with the gen- posed rule for turtle excluder devices as de- ANNOUNCEMENT BY THE ACTING CHAIR tleman as we move forward to ensure scribed in the Southeast Fishery Bulletin The Acting CHAIR (during the vote). that NSF and other Agencies in this published by the National Oceanic and At- There is 1 minute remaining. bill are getting the most appropriate mospheric Administration on May 8, 2012. b 1857 direction on STEM education needs The Acting CHAIR. The gentleman So the amendment was agreed to. and priorities. from Louisiana is recognized for 5 min- The result of the vote was announced Mr. POLIS. I thank the gentleman. utes. as above recorded. I yield back the balance of my time. Mr. LANDRY. Thank you, Mr. Chair- Stated against: Mr. MCKINLEY. I move to strike the man. Mr. FILNER. Mr. Chair, on rollcall 234, I was last word. NOAA and the fishing industry have away from the Capitol due to prior commit- The Acting CHAIR. The gentleman had a long history of working together. ments to my constituents. Had I been present, from West Virginia is recognized for 5 Since the 1990s, NOAA has worked with I would have voted ‘‘no.’’ minutes. the fishing industry to develop a regu- Mr. MCKINLEY. Mr. Chairman, I rise latory system that provides meaning- b 1900 for the purpose of a colloquy with the ful protection to turtles, while at the Mr. POLIS. Mr. Chair, I move to chairman. same time not economically harming strike the last word. Mr. Chairman, thank you for this op- our fishermen. Under the system, fish- The Acting CHAIR (Mr. BASS of New portunity to discuss one of my top pri- ermen had agreed that they would peri- Hampshire). The gentleman from Colo- orities with you today: NOAA’s Com- odically remove their nets from the rado is recognized for 5 minutes. prehensive Large-Data Array Steward- water, allowing any turtles trapped in Mr. POLIS. I rise today for the pur- ship program, otherwise known as the net to escape. By offering to do so, pose of engaging in a colloquy about CLASS. This program has been funded they would not have to use the turtle the importance of computer science in at the same base level of $6.5 million exclusion devices. a balanced program of science, tech- for each of the past 10 years, despite an Now NOAA intends to regulate these nology, education, and math. I thank increase in their mission. shrimpers and force them to use TEDs. the chairman for including extensive This is NOAA’s enterprise system for The recent rulemaking negates this language in the committee report on handling all of its environmental data partnership and places the whims of STEM education, but I would like to critical for weather predictions. Sim- environmentalists ahead of the sci- highlight today some specific needs in ply put, CLASS therefore must rely on entific data or economic well-being of the critical area of computer science. programs within the satellite program the fishermen in the coastal commu- More than 1.5 million high-wage com- to overcome their $24 million funding nities. There is no scientific data that’s puting jobs will be created by 2018—the shortfall. We should be creating cer- proving that the lack of the use of largest growth area across science, tainty, Mr. Chairman, for the NOAA TEDs by shrimpers is causing any addi- technology, engineering, and math. Yet CLASS program, instead of expecting tional deaths in the turtle population. few computer science classes are avail- them to rely on these other satellite able to students; and when they’re of- programs to transfer funds for their fered, they’re typically only electives. own budget to CLASS. b 1910 Many States don’t have proper teacher Under last year’s budget, CLASS fell Over 60 percent of the shrimp landed certification programs for K 12 com- short of the necessary funding to sus- in Louisiana is by the inshore and puter science and don’t clearly connect tain core mission values. Mission fail- near-shore fleet, which is primarily

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2523 skimmers and butterflies. This regula- Mr. GARDNER. Mr. Chairman, I The text of the amendment is as fol- tion, if implemented, will affect thou- thank the chairman of the sub- lows: sands of fishermen in Louisiana. Fish- committee, as well, for his work and At the end of the bill (before the short ermen will lose money due to the cost leadership on this bill today and yes- title), insert the following: of TEDs equipment and also the money terday. We voted long into the morning SEC. 542. None of the funds made available lost from loss of catch. this morning, and certainly appreciate by this Act may be used to lease or purchase I yield back the balance of my time. his time and consideration. new light duty vehicles, for any executive Mr. SCHIFF. Mr. Chairman, I move The appropriations bills before us fleet, or for an agency’s fleet inventory, ex- cept in accordance with Presidential Memo- to strike the last word. present an opportunity to provide over- randum-Federal Fleet Performance, dated The Acting CHAIR. The gentleman sight that is one of the most important May 24, 2011. from California is recognized for 5 min- duties and functions of this Congress, The Acting CHAIR. The gentleman utes. to make sure that we are looking at Mr. SCHIFF. Mr. Chairman, I rise to from New York is recognized for 5 min- the ways our Federal Agencies, our ad- utes. oppose the gentleman’s amendment. ministration is spending money and Turtle-excluder devices are already re- Mr. ENGEL. On May 24, 2011, Presi- making sure that it is carried out prop- dent Obama issued a memorandum on quired in other shrimp trawl fisheries erly. in the Gulf of Mexico and South Atlan- Federal fleet performance which re- One of the areas where I believe this quires all new light-duty vehicles in tic to reduce sea turtle bycatch. Congress needs to further its oversight the Federal fleet to be alternate-fuel In many cases, fishermen have re- and step up its oversight concerns the vehicles, such as hybrid, electric, nat- ported actually preferring the use of National Oceanic and Atmospheric Ad- ural gas, or biofuel, by December 31, TEDs in their trawl nets because when ministration’s asset forfeiture fund. they are used properly, TEDs allow up 2015. This is money that is comprised of My amendment echoes the Presi- to 98 percent of turtles to escape from fines paid by individuals who violate trawl nets while retaining up to 97 per- dential memorandum by prohibiting the Magnuson-Stevens Fishery Con- funds in the Commerce-Justice-Science cent of target shrimp catch. TEDs also servation and Management Act. The appropriations bill from being used to provide other economic benefits to act, as many Members know, is the pri- lease or purchase new light-duty vehi- fishermen. Again, when installed prop- mary law governing fish management cles except in accord with the Presi- erly, they can prevent other species by- in our Federal waters, and it is respon- catch and unwanted marine debris dent’s memorandum. sible for managing fisheries, promoting Last year, I introduced similar from entering the trawl nets, thereby conservation, producing bycatch, and increasing shrimp catch efficiency and amendments to four different appro- ending overfishing. priations bills—Agriculture, Defense, the quality of their shrimp catch. The money in NOAA’s asset for- Energy, and Homeland Security. All TEDs can also cut down on unwanted feiture fund can only be used for ex- were accepted and passed by voice vote. debris which can damage and increase press purposes that are laid out in stat- Our transportation sector is by far the drag in fishing nets, causing fisher- ute, such as paying costs associated the biggest reason we send $60 billion men to incur other costs. At this stage, with providing any temporary storage per year to hostile nations to pay for NMFS is merely proposing this rule of property seized during civil or crimi- oil at ever-increasing costs. But Amer- and will provide ample opportunity for nal proceedings, paying off valid liens ica doesn’t need to be dependent on for- public comment, including public or mortgages against forfeited prop- eign sources of oil for transportation meetings before any final regulation is erty, or reimbursing any Agency that fuel. Alternative technologies exist in place; and, therefore, I urge defeat of assisted NOAA in enforcing the law. the amendment. Unfortunately, what we have seen is today that when implemented broadly I yield back the balance of my time. a pattern of unaccountability, a pat- will allow any alternative fuel to be The Acting CHAIR. The question is tern of abuse of this money, including used in America’s automotive fleet. on the amendment offered by the gen- a purchase of a $300,000 yacht that was The Federal Government operates tleman from Louisiana (Mr. LANDRY). used for personal use by certain offi- the largest fleet of light-duty vehicles The question was taken; and the Act- cials within NOAA. in America. According to GSA, there ing Chair announced that the noes ap- This amendment simply says that are over 660,000 vehicles in the Federal peared to have it. the law, the money in the asset for- fleet, with over 41,000 being used by the Mr. LANDRY. Mr. Chairman, I de- feiture fund should only be used for Department of Justice and another mand a recorded vote. those express purposes as defined in 2,400 with the Department of Com- The Acting CHAIR. Pursuant to statute, making sure that these abuses merce. clause 6 of rule XVIII, further pro- do not continue and making sure that By supporting a diverse array of ve- ceedings on the amendment offered by this Congress steps up its role in over- hicle technologies in our Federal fleet, the gentleman from Louisiana will be sight when it comes to funds of the we will encourage development of do- postponed. United States. mestic energy resources—including AMENDMENT NO. 32 OFFERED BY MR. GARDNER With that, I ask for a ‘‘yes’’ vote on biomass, natural gas, agricultural Mr. GARDNER. Mr. Chairman, I have the amendment to make sure that we waste, hydrogen, and renewable elec- an amendment at the desk. are accountable for the funds from the tricity. The Acting CHAIR. The Clerk will taxpayer, and I yield back the balance Expanding the role these energy designate the amendment. of my time. sources play in our transportation The text of the amendment is as fol- The Acting CHAIR. The question is economy will help break the leverage lows: on the amendment offered by the gen- over Americans held by foreign govern- At the end of the bill (before the short tleman from Colorado (Mr. GARDNER). ment-controlled oil companies and will title), insert the following: The question was taken; and the Act- increase our Nation’s domestic secu- SEC. ll. None of the funds made available ing Chair announced that the noes ap- rity and protect consumers from price by this Act may be used to pay the salary of peared to have it. spikes and shortages in the world oil any officer or employee of the Department of Mr. GARDNER. Mr. Chairman, I de- markets. So I ask that you support the Commerce who uses amounts in the Fish- mand a recorded vote. Engel amendment. eries Enforcement Asset Forfeiture Fund of The Acting CHAIR. Pursuant to On a similar note, I have worked the National Oceanic and Atmospheric Ad- with my colleagues JOHN SHIMKUS, ministration that consists of the sums de- clause 6 of rule XVIII, further pro- scribed in section 311(e)(1) of the Magnuson- ceedings on the amendment offered by ROSCOE BARTLETT, and STEVE ISRAEL to Stevens Fishery Conservation and Manage- the gentleman from Colorado will be introduce the bipartisan Open Fuel ment Act (16 U.S.C. 1861(e)(1)) for any pur- postponed. Standard Act, H.R. 1687. I have particu- pose other than a purpose specifically au- AMENDMENT NO. 28 OFFERED BY MR. ENGEL larly worked with Congressman SHIM- thorized under such section. Mr. ENGEL. Mr. Chairman, I have an KUS on this bill in this Congress. Our The Acting CHAIR. The gentleman amendment at the desk. bill would require 50 percent of new from Colorado is recognized for 5 min- The Acting CHAIR. The Clerk will automobiles in 2014, 80 percent in 2016, utes. designate the amendment. and 95 percent in 2017 to be warranted

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2524 CONGRESSIONAL RECORD — HOUSE May 9, 2012 to operate on nonpetroleum fuels in ad- quirements. What is even worse is that already cash-strapped police depart- dition to or instead of petroleum-based these sanctuary cities still receive ments. fuels. money for their so-called ‘‘immigra- For these reasons, we urge a ‘‘no’’ Compliance possibilities include the tion efforts’’ under the State Criminal vote on the amendment, and I yield full array of existing technologies—in- Alien Assistance Program. In fact, one back the balance of my time. cluding flex fuel, natural gas, hydro- city received $1.1 million at the same The Acting CHAIR. The question is gen, biodiesel, plug-in electric drive, time it designated itself as a city and on the amendment offered by the gen- and fuel cell—and a catchall for all new county of refuge. And one State has tleman from Illinois (Mr. WALSH). technologies. even passed laws that prohibit law en- The amendment was agreed to. In conclusion, I encourage my col- forcement agencies from detecting or AMENDMENT OFFERED BY MR. ROHRABACHER leagues to support my amendment and apprehending those in violation of U.S. Mr. ROHRABACHER. Mr. Chairman, the open fuel standard as we work to- immigration laws. I have an amendment at the desk. ward breaking our dependence on for- For this reason today, I am offering The Acting CHAIR. The Clerk will re- eign oil. an amendment that would prohibit the port the amendment. I yield back the balance of my time. Department of Justice from providing The Clerk read as follows: Mr. WOLF. Mr. Chairman, I move to funds to these sanctuary cities for im- At the end of the bill (before the short strike the requisite number of words. migration enforcement efforts. This is title), insert the following: The Acting CHAIR. The gentleman a smart amendment that will require SEC. ll. None of the funds made available from Virginia is recognized for 5 min- America’s local law enforcement offi- in this Act to the Department of Justice utes. cers to do just that—enforce the laws may be used, with respect to the States of Mr. WOLF. I think this amendment Alaska, Arizona, California, Colorado, Dela- we pass to receive the money we pro- ware, District of Columbia, Hawaii, Maine, has been adopted on other bills. We ac- vide them to do so. I urge the House to Maryland, Michigan, Montana, Nevada, New cepted the amendment. vote in its favor. Jersey, New Mexico, Oregon, Rhode Island, I yield back the balance of my time. Mr. Chairman, I yield back the bal- Vermont, and Washington, to prevent such The Acting CHAIR. The question is ance of my time. States from implementing their own State on the amendment offered by gen- Mr. SCHIFF. Mr. Chairman, I move laws that authorize the use, distribution, tleman from New York (Mr. ENGEL). to strike the last word. possession, or cultivation of medical mari- The amendment was agreed to. The Acting CHAIR. The gentleman juana. AMENDMENT OFFERED BY MR. WALSH OF from California is recognized for 5 min- The Acting CHAIR. The gentleman ILLINOIS utes. from California is recognized for 5 min- Mr. WALSH of Illinois. Mr. Chair- Mr. SCHIFF. Mr. Chairman, I rise in utes. man, I have an amendment at the desk. opposition to the amendment, which Mr. ROHRABACHER. Mr. Chairman, The Acting CHAIR. The Clerk will re- provides that none of the funds in the I rise today, along with Mr. HINCHEY, port the amendment. SCAAP program can be used in con- Mr. MCCLINTOCK, and Mr. FARR, in sup- The Clerk read as follows: travention of existing law. port of a commonsense amendment At the end of the bill (before the short This amendment is like several oth- that would prohibit the Department of title), insert the following: ers we’ve considered today that simply Justice from using funds to prevent SEC. ll. None of the funds made available say either the obvious, which is, Fed- States from implementing their own in this Act for the State Criminal Alien As- eral funds can’t be used in violation of State laws that authorize the use, dis- sistance Program under the heading ‘‘De- Federal law, in which case the amend- tribution, possession, or cultivation of partment of Justice—State and Local Law ment is unnecessary and accomplishes medical marijuana. This amendment Enforcement Activities—Office of Justice nothing; or, the amendment seeks to would take a step in the right direction Programs—State and Local Law Enforce- of respecting States’ rights and indi- ment Assistance’’ may be used in contraven- go beyond existing law and set new pol- tion of section 642 of the Illegal Immigration icy, in which case the policy that it vidual liberties, and it would help the Reform and Immigrant Responsibility Act of would set is one that is disadvanta- Federal Government prioritize its very 1996 (8 U.S.C. 1373). geous to States and local law enforce- scarce resources and show compassion The Acting CHAIR. The gentleman is ment. for those thousands of ailing patients recognized for 5 minutes. State and local community safety across our country. policies prioritize budgetary and law To date, 17 States, including the Dis- b 1920 enforcement resources according to trict of Columbia, have passed laws al- Mr. WALSH of Illinois. Mr. Chair- community needs while still permit- lowing for the medical use of mari- man, immigration enforcement— ting Federal immigration enforcement juana, and the list continues to grow. whether issuing or revoking a visa, de- to take place. In many cases, such Connecticut is in the process of passing portation, and even providing citizen- local laws support community safety a similar law as well. Many of these ship—is a Federal responsibility and by encouraging citizens who are crime State laws, including in my own home should remain so. However, our law en- victims or witnesses to come forward State of California, have passed these forcement in cities and States is some- and work with police regardless of statutes through the initiative proc- times the first line of defense in these their immigration status. ess—meaning that a majority of Cali- Federal courts. These local policies don’t interfere fornia voters specifically decided that In 1996, almost 20 years ago, Congress with Federal enforcement. In fact, a sick individuals ought to have the passed the Illegal Immigration Reform 2007 Justice Department audit of such right to use this herb for medical pur- and Immigrant Responsibility Act. laws found that in each instance where poses. Why the Federal Government This bill not only required localities to cities were so-called ‘‘sanctuary cit- continues its hard-line prohibition, communicate with Federal agencies ies,’’ the local policy either didn’t pre- then, is completely beyond me. when legal and illegal aliens may have clude cooperation with ICE, or else in- As far as the medical marijuana is been picked up for crimes but also pro- cluded a policy to the effect that those concerned, individuals ought to have a vided money to help them do so. Since agencies and officers must assist ICE right and ought to be able to act in ac- then, additional programs such as the or share information with ICE as re- cordance with their respective State State Criminal Alien Assistance Pro- quired by Federal law. That year, DHS laws without the Federal Government gram and Secure Communities have Secretary Michael Chertoff testified coming in and interfering. Neither been implemented to ensure further before Congress: should the Federal Government threat- that localities have the resources they I’m not aware of any city, although I en to prosecute State employees who need to meet their responsibilities. may be wrong, that actually interferes are carrying out the implementation of The Federal Government has stated with our ability to enforce the law. their State laws. Indeed, the Founding time and again that participation in The amendment, if it went beyond Fathers wanted criminal law to be the these programs is not optional. Yet de- the mere statement that you can’t domain of local and State government. spite that, some cities and even whole spend Federal funds in contravention Unfortunately, however, this is not the States blatantly ignore Federal re- of Federal law, might deny funding to approach that recent administrations

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2525 have taken, including the current ad- This amendment does not address the States’ rights in every other area that ministration. For example, the Gov- problem of marijuana abuse and pos- is not specifically designated to the ernor of Washington State received a sibly makes it worse by sending a mes- Federal Government. Currently, 16 letter from the Department of Justice sage to young people that there can be States and the District of Columbia and was warned that: health benefits. have legalized medical marijuana, ben- State employees who conducted ac- The Drug Enforcement Administra- efiting over 730,000 patients nation- tivities mandated by the Washington tion, DEA, describes marijuana as ‘‘the wide. In addition, the State of Con- legislative proposals would not be im- top revenue generator for Mexican drug necticut will soon sign a similar bill mune from liability under the CSA. trafficking organizations, a cash crop into law. Additionally, the DEA has conducted that finances corruption and the car- President Obama has made it clear numerous raids on medical marijuana nage of violence year after year.’’ that the Justice Department should dispensaries that are in full compliance All you have to do is look at the not prioritize medical marijuana ar- with State law. Businesspeople and co- news. That’s why we put money back rests, especially when there are so operatives who are licensed and cer- in here for the National Gang Intel- many other more significant issues tified within these States to function ligence unit to keep the Mexican gangs that need attention. Unfortunately, as legitimate medical marijuana from coming into the United States. some in the DEA clearly didn’t get the dispensaries have seen their businesses The Mexican gangs are being funded memo. That’s why we’re here today. locked down, assets frozen, businesses and they have a marijuana operation. According to Americans for Safe Ac- driven away, and in some cases the vic- I don’t understand. I mean, I respect cess, since October 2009, the Justice De- tims of a SWAT squad coming into that maybe for medical use at a time. partment has carried out an estimated their operation. It is simply outrageous And I will tell you, the first time this 170 raids of medical marijuana that we are spending scarce Federal issue came up, I voted for it, but it was dispensaries and cultivation centers in dollars to interfere with the medical on a narrow basis. But this is wide nine States that have legalized medical needs of individuals, especially when open. marijuana. Without a doubt, these it’s been recommended by a physician And then you’re going to tell your 15- raids are clearly a waste of taxpayer and approved by the voters of a State. year-old or 16-year-old don’t use drugs. dollars, but they are also fundamen- Importantly, this amendment does Well, we’ve got the marijuana center tally wrong. nothing to prevent the Federal Govern- downtown, and everybody’s going in. Medical marijuana is proven to re- ment from being able to go after drug The FDA has stated that ‘‘smoked duce pain and increase quality of life traffickers. In fact, it makes it easier cannabis has no acceptable medical use for patients suffering from debilitating because it prioritizes and gives those and treatment in the United States.’’ diseases, including cancer, multiple people a chance to go after drug traf- I could go on, but I think that the sclerosis, and HIV/AIDS. Medical mari- fickers rather than sick people. message that this amendment would juana is a safe and effective treatment Under this amendment, the DEA send to young people is that Congress for many of the symptoms that accom- would still have the power to arrest wants to aid and abet, if you will. And pany these diseases. However, the DEA anyone selling marijuana for rec- we all know. We’ve watched ‘‘60 Min- wants to deny patients medicine that reational use or engaging in any activ- utes.’’ We’ve watched all these shows. can dramatically improve their lives or ity that is not expressly allowed under If somebody purely, really—my mom reduce their suffering. This is wrong, State law. But they will have more died of cancer. So many people in my and it needs to stop. time to go after the drug traffickers if family died of cancer. It’s so narrow. This amendment does not do any- they are not going after people who are But this is just wide open. And we’ve thing to advocate any violations of the providing medical marijuana to people seen it where they’re coming in and law. It just says those States that have who are sick. they’re pouring over. In essence, I approved medical marijuana ought to think this would be bad for the coun- be able to determine how to take care b 1930 try. of their own people effectively. It is time that we respect States’ In our hearings, we heard that more This amendment does not affect rights, get serious about prioritizing young people are dying from overdose States that have not approved medical our Federal Government’s activities, of drugs. Then marijuana, then do we marijuana. It does not require or en- and show some common sense and com- go into heroin, and then we go into courage other States to adopt medical passion when dealing with the sick OxyContin. You just saw today’s Wash- marijuana laws. among us. ington Post where some of the drug This amendment does not stop law I urge all Members to vote ‘‘yes’’ for companies were promoting these pain enforcement officials from prosecuting the Rohrabacher-Hinchey-McClintock- operations which are basically moving the illegal use of marijuana. Farr amendment to prevent the De- and pushing OxyContin, hiring some This amendment does not encourage partment of Justice from continuing to really prominent lawyers in this town drug use in children. Studies actually engage in activities that it has no busi- to represent them. suggest that teen use of marijuana has ness engaging in. This would not be a good amendment declined in States that have passed I yield back the balance of my time. for the country; it would be a bad medical marijuana laws. That, in and Mr. WOLF. I rise in opposition to the amendment for the young people, and I of itself, is very interesting and impor- amendment. urge defeat of the amendment. tant. The Acting CHAIR. The gentleman I yield back the balance of my time. The purpose of this amendment is to from Virginia is recognized for 5 min- Mr. HINCHEY. I move to strike the allow these 16 States to give relief to utes. last word. people suffering from horrific diseases Mr. WOLF. What does this amend- The Acting CHAIR. The gentleman without fearing Federal intervention ment say if a young person, 15, at a from New York is recognized for 5 min- or prosecution. high school in whatever State is watch- utes. I urge Members to support this ing the House at 7:30, and they say the Mr. HINCHEY. I rise today in strong amendment and support States’ rights United States Congress is ready to support of this amendment, and I and compassion. Doctors in these 16 make it easy to get marijuana, and thank, particularly, my friend from States know what is best for their pa- their mom or dad—what is going on? California for offering it with me and tients. The DEA should not stand in This amendment hurts law enforce- for what he said about it just a few the way of these doctors and their pa- ment. Our law enforcement people are minutes ago very clearly. tients. jeopardizing their lives. This amendment is very simple. It di- All of this is serious for the health Marijuana is one of the most widely rects the Federal Government to re- and safety of many, many people in abused drugs in the United States. Ac- spect the laws enacted by States that these 16 States. And, in fact, other cording to the DEA, more young people have legalized marijuana for medical States are coming into this as well. are now in treatment for marijuana de- use. This is something that really needs to pendency than for alcohol or all other The Constitution of the United be enacted because it is safe and secure illegal drugs combined. States is very clear. It authorizes and reasonable.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2526 CONGRESSIONAL RECORD — HOUSE May 9, 2012 I yield back the balance of my time. amendment for terminal cancer pa- I heard the gentleman from Virginia Mr. FARR. I move to strike the last tients, for AIDS victims, for persons say that the DEA says there is no med- word. who suffer with chronic pain. We offer ical use for marijuana. That’s true that The Acting CHAIR. The gentleman this amendment not only to protect they’ve said it. The DEA has no credi- from California is recognized for 5 min- those people, but we offer this amend- bility with people who have looked at utes. ment to protect the States that are this—on this subject, on most subjects Mr. FARR. Mr. Chairman, I rise in progressive enough to provide alter- with respect to drugs these days. One support of the Rohrabacher-Hinchey- native medical options to those who reason there is no proof of the success- Farr and now McClintock amendment. need it. I urge all of my colleagues to ful medical use of marijuana is that It is obvious from the votes that support the Rohrabacher-Hinchey-Farr the DEA systematically tries to make we’ve been casting here, yesterday and amendment. sure there is no adequate research on tonight, this afternoon, that this body I yield back the balance of my time. that, and it denies the use of supplies insists on protecting the rights of Mr. SCHIFF. Mr. Chairman, I move of marijuana for medical research. States to define marriage. This body to strike the last word. But we have ample proof from the 16 insists on protecting the rights of The Acting CHAIR. The gentleman States which have legalized the med- States to set abortion policies. This from California is recognized for 5 min- ical use of marijuana. We have ample body insists on protecting rights of the utes. anecdotal proof. We know that, for peo- States to determine education cur- Mr. SCHIFF. Mr. Chairman, I rise in ple suffering pain, for people suffering support of the amendment, and I want ricula and standards. Just yesterday nausea from AIDS and cancer, mari- to share a slightly different perspective this body decided that certain States juana is the only thing that produces on it. get to enforce Federal immigration I served as an assistant U.S. attorney relief and enables them to eat and to laws however they see fit. in Los Angeles for 6 years. In 1987, get sustenance and to regain weight But when it comes to protecting the when I started in the office, the office and to, perhaps, regain health. We rights of States to set medical scope of had a guideline where we wouldn’t take know this. We know this from thou- practice laws, this body balks. All of a a case for prosecution involving less sands of cases. The DEA doesn’t know sudden States no longer have the right than a kilo of cocaine. Now, that didn’t it because it refuses to see it and re- to determine what is best for their citi- mean that it didn’t get prosecuted. It fuses to allow systematic research. zens and when those rights include did mean that it was referred to the That’s wrong. It’s inhumane. medical marijuana. district attorney’s office, but we just Now, I wish this amendment didn’t The Rohrabacher-Hinchey-Farr- didn’t have the resources to go after specify the 16 States because maybe a McClintock amendment doesn’t change every cocaine case involving less than 17th and an 18th will come along this Federal law. It doesn’t change drug a kilogram. A couple of years later into year. I hope that they will. Certainly, policy. However, it does protect States’ my tenure in that office, we had to the Federal Government has a better rights. raise the guideline to 5 kilograms be- use for its resources than in trying to b 1940 cause we had so many 1 kilogram prevent the policy that 16 States have cases, and we couldn’t even handle adopted, the humane policy of allowing For those of you who come from the medical use of something that has States that do not have medical mari- those prosecutions. I don’t know what the policy is now, been proven to be medically useful in juana laws, nothing in this amendment whether it’s 10 kilograms or 20 kilo- many cases. Doctors and other medical will impact your States. Everything in grams, but the reality is we have very professionals ought to determine treat- your States remains exactly status finite resources within the Justice De- ment, not bureaucrats in Washington. quo. For those of you who come from partment to prosecute drug cases. So I support this amendment, and I States that do have medical marijuana Then, of course, the funds for drug hope that maybe, if it passes, and laws, which means the States of Alas- prosecutions have to compete with the maybe if we have a rational policy with ka, Arizona, California, which is my funds for terrorism cases and regard to medical marijuana, that two own State—it’s interesting what we carjacking cases and bank robberies other things will happen: that maybe have done in California. We’ve decrimi- and T-Chek thefts or whatnot. We are the DEA will get its head out of the nalized the possession of medical mari- in a limited resource world, and I don’t sand and will permit proper research so juana. It’s an infraction, not a felony. think it’s a good use of our Federal law we’ll get better research and better re- We’ve also legalized the use of mari- enforcement resources to be pros- sults; and maybe we’ll begin a discus- juana for medical purposes, but the ecuting medical marijuana cases in sion of our general drug policy toward voters at the same time have turned States that have legalized medical marijuana, which is certainly a much, down an intensive legalization use. So marijuana. On the priority list of Fed- much more benign drug than alcohol, it’s very controlled. The laws are tight eral law enforcement priorities, that which is legal, than tobacco, which is and they are enforced. ought to be near the very bottom. legal. We have a very irrational policy The other States that have passed At a time when we can’t even keep toward it, a policy which reminds one laws are Colorado, Delaware, the Dis- up with the more serious narcotics of the policy of the 1920s, which had trict of Columbia, Hawaii, Maine, cases and when we have so many other such deleterious effects with regard to Maryland, Michigan, Montana, Nevada, unmet needs in the Justice Depart- alcohol and alcohol use. New Jersey, New Mexico, Oregon, ment, this is not where we should be So I congratulate the sponsor of this Rhode Island, Vermont, and Wash- putting our resources, and I urge sup- amendment for having the courage to ington. For your States, very little in port for the amendment. help break the taboos concerning this this amendment will impact your I yield back the balance of my time. subject and for introducing an amend- States except that you will now have a Mr. NADLER. I move to strike the ment that, if it passes, will result in State that will be able to implement last word. many, many thousands of people being the laws without fear of retribution or The Acting CHAIR. The gentleman more healthful and more comfortable, of retaliation from the Federal Govern- from New York is recognized for 5 min- and it will be a great thing for this ment. I will also note that, in addition utes. country. to the 16 States I’ve just mentioned, Mr. NADLER. Mr. Chairman, I want I yield back the balance of my time. the State of Connecticut just passed a to congratulate and thank the sponsors Mr. COHEN. I move to strike the last medical marijuana bill last week, and of this amendment for introducing it. word. the Governor said he’ll sign it. So, to The amendment begins to break down The Acting CHAIR. The gentleman the list of 16 States, we soon have the taboo in American politics about from Tennessee is recognized for 5 min- added No. 17, the State of Connecticut. discussing drug policy intelligently. It utes. If States’ rights are not a good also begins to, hopefully, result in the Mr. COHEN. There have been quite a enough reason to pass this amendment, Federal Government having a more hu- few good arguments made—excellent then do it because of compassion. Com- mane and human policy on medical arguments—as to why this amendment passion demands it. We offer this marijuana. should pass. Justice Louis Brandeis is

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2527 one of my favorite Justices. He said the only thing that makes Orel eat. And is no medical value. The Federal Gov- laboratories of democracy are the when he was dying, I wanted my friend ernment now becomes the arbiter and States. Indeed, 16 States, mostly to have whatever he could have to tells the States you may not make through, if not entirely through, make his illness less damaging to him that judgment that there is medical referenda determined that they wanted and less difficult to deal with. value. We know an awful lot of people to try to find out whether medical So I rise here and assure people that think it has medical value for them. marijuana laws worked. it won’t affect your States; it will just As to addiction and the notion that if The Federal Government should not be those States where it’s been voted you get all these drugs together, what be infringing on what the States have in. It will save resources and be able to marijuana has in common with determined and their citizens have de- give our government the proper direc- Oxycontin—which the gentleman from termined in the most direct form of de- tion, the usage of resources to protect Virginia mentioned—and other drugs is mocracy that this Nation knows— us against heroin, crack, and cocaine. that we treat them the same. They are State referenda. The Federal Govern- I yield back the balance of my time. not the same in any rational way. ment has been using its resources, Mr. FRANK of Massachusetts. Mr. They’re not the same in addictive pros- which could be used in better ways, to Chairman, I move to strike the last pects. They’re not the same except we police the jurisdictions that have voted word. treat them the same. And we’re the it in. That’s what this amendment The Acting CHAIR. The gentleman is ones that by this foolish policy—that I does. It says there will not be any addi- recognized for 5 minutes. regret the administration I supported tional spending of Federal moneys to Mr. FRANK of Massachusetts. Actu- is engaging in—give people the notion that they’re the same thing. It’s a very try to thwart the will of the people of ally, Mr. Chairman, if I could, I would strike many of the words we’ve heard simple point. the States on issues on which they People in the States have voted that have voted. today. I first want to acknowledge the lead- marijuana should be available for peo- This is the most basic democracy ple who want to use it for medicinal that we could be talking about. You ership of my colleague from California. He has a characteristic that is all too purposes, and the States are then in talk about the Founding Fathers. This charge of setting up ways to deal with is the people who give us power. They rare in politics, an intellectual consist- ency. We have people on the one hand it. We have people out of their ideolog- have voted in their States to make it ical opposition announcing that they that talk about freedom of the indi- the law, and the Federal Government will not be allowed to do that, that vidual, liberty, and respect for States’ has taken its heavy hand and has tried they will tell people it has no medical rights, but when it comes up against to come in there—and has come in use despite the testimony of so many some pet project of theirs, all that goes there—to prosecute individuals. It’s for who think it does. This again is a form out the window. the States to prosecute those individ- that I thought we learned didn’t work, Let’s be very clear. This is not a case uals if they want. and it’s prohibition of the worst sort. of people advocating that other people As the gentleman from California And by the way, it is going to lead to smoke marijuana. It is for me an advo- (Mr. SCHIFF) has pointed out, Federal very ineffective law enforcement be- cacy that we allow people some degree priorities have to be made to meet the cause we are a free country. You can- of free choice. I listened to the gen- resources available. The moneys that not impose, in a free society like ours, tleman from Virginia, and I admire his they’re spending now in these States a regime of law enforcement that the diligence. But I have to say, I disagreed could be spent on border traffic and public rejects without a great deal of could be spent on policing against her- with almost everything he said. There repression. State by State by State, oin and cocaine, which cause people, was one thing he said that I thought the people of the States have voted to when they get hooked, to commit vio- was appropriate. He said we shouldn’t allow this. So when we send the Fed- lent crimes in order to get their money be debating this at 7:30. I agree. We eral agents in to disregard what the to buy their drugs. That has never been should have been debating it at 4:20. State did, to disregard State law, of known to be the case with marijuana, That would have been a much better course you’re going to engender resist- and it is not the case with marijuana. time. But other than that, he says, ance; of course you’re going to engen- That’s where our priorities for law en- What about 15-year-olds, they’ll see der people going around. And I would forcement should go and prosecution marijuana centers. just close by saying after listening to should go is to crack and cocaine and Well, they’ll see liquor stores. They’ll this debate, I think tonight C SPAN heroin, and they’re not being used see many more liquor stores than mari- has merged with Turner Classic Movies there. juana centers. The notion that because because ‘‘Reefer Madness,’’ that great So this is a commonsense, basic, something is inappropriate for a teen- movie from the thirties, appears to be democratic proposal to tell our Federal ager or a child, adults should not be al- being shown on both channels. Government that has gone astray to lowed to use it, is mindlessness. You This notion that because 15-year-olds not use its resources against the people can’t run a society that says we’re not are watching us talk about how people of this country who have made this de- going to let a 15-year-old see the things who are ill and in pain should be al- termination. a 15-year-old can’t do. Liquor stores lowed with the vote of the State to get Now, as far as some of the other would be a great example. marijuana prescribed by a doctor, and statements that have been made, I I have been disappointed on this that’s going to lead a 15-year-old to go think the public who listens knows point with the Obama administration. out and do it, makes no logical sense. that this is not about legalization, that The Clinton administration was quite As I said, if you’re worried about what this is not about 14-year-olds or 15- sensible on this. The Bush administra- 15-year-olds can see, they can see X- year-olds or 18-year-olds. tion slipped back, and I had hoped that rated movies that are being advertised; with the Obama administration it they can see cigarettes being sold wide- b 1950 would be more sensible. ly; they can see alcohol. They can see It’s about States, democracy, doc- The gentleman from Virginia said, all manner of things that we don’t tors, and people who have cancer, glau- Well, this is a great source of money want them to do. coma, AIDS, MS, whatever. Montel for the Mexicans. Sure, because we This is a very sensible amendment. Williams has testified how it has won’t let people grow it in America. To No one has shown, let me say finally— helped him with his illness. I had a the extent that people are buying med- and you know the DEA, they want to Navy SEAL friend who died of cancer. ical marijuana from Mexican drug car- do this. I have not seen the evidence There is no question but that mari- tels, I think, is a somewhat overdone that says that medical marijuana has juana, which he smoked, helped him thing with regard to this. That’s be- led to any problem. I haven’t seen it with his appetite when he wasn’t eat- cause we have had people refusing to linked to crime. I haven’t seen it ing, and his pancreatic cancer took allow them to grow it here in America linked to anything negative. What we him from 215 pounds to 115 pounds. His for that use. have, frankly, are some prejudices grandmother said it’s the only thing People say—again, I’m surprised by being used to interfere with people’s that makes Orel laugh, and it’s the some of my conservative friends—there rights.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2528 CONGRESSIONAL RECORD — HOUSE May 9, 2012 I yield back the balance of my time. ers. The Federal crackdowns ignore the This is a very real and important Ms. LEE of California. Mr. Chairman, will of the voters in 16 States across issue. Drug abuse is a terrible problem I move to strike the last word. the Nation. The clinics, doctors, and that plagues our country and plagues The Acting CHAIR. The gentlewoman businesses, which bring medicine— Colorado families. We can reduce drug is recognized for 5 minutes. medicine mind you—to suffering pa- abuse and reduce access to minors of Ms. LEE of California. Mr. Chairman, tients need clarity, certainty, and an both marijuana as well as other drugs I rise in strong support of this bipar- end to arbitrary raids. by making sure that we regulate them tisan amendment. I want to thank Mr. b 2000 appropriately. ROHRABACHER and all of the cosponsors In Colorado, medical marijuana of this amendment for their leadership We should be protecting, not under- dispensaries are regularly audited. and for bringing this amendment for- mining, our democracy by prosecuting They are required, under State law, to ward. small business owners who pay taxes, have video cameras keep track of who This amendment would prohibit the comply with State laws, and provide comes and goes. Minors are not allowed Department of Justice from using Fed- medicine to people in need. to enter the premises. It is, of course, eral funds to prevent the implementa- But really, and most importantly, it the underground illegal corner drug tion of State laws authorizing the use should be out of compassion for our fel- dealer that will sell to the 15-year-old, of medical marijuana. low Americans suffering from a serious not the legal State-regulated dispen- In recent months, the Federal Gov- illness that compels us to vote for this sary. ernment has stepped up raids on le- amendment. It is the humane thing to We have limited law enforcement ca- gally operating clinics in many States do, and it is the right thing to do. pabilities, as highlighted by my col- where it is permissible for seriously ill So I want to thank Mr. ROHRABACHER league from California (Mr. SCHIFF), patients to be prescribed medical mari- once again and the cosponsors of this and to go after patients and their care- juana by their doctors. These raids are amendment for bringing this forward givers rather than drug smugglers and shutting down legally operating busi- tonight, and I urge an ‘‘aye’’ vote. Mexican drug cartels does a huge dis- nesses and are putting the health and I yield back the balance of my time. service, not only to law enforcement, the well-being of patients with cancer, Mr. POLIS. Mr. Chair, I move to but also to the many, many victims of HIV and AIDS, multiple sclerosis, and strike the last word. the drug war, both from collateral other serious illnesses in jeopardy. The Acting CHAIR. The gentleman damage as well as those who fall vic- Marijuana has proven medical uses from Colorado is recognized for 5 min- tim to the drugs themselves. that improve the quality of life and ex- utes. It’s critical, at a time when our Na- tend the lives of desperately ill people. Mr. POLIS. I thank the gentleman tion continues to battle with narcotic By shutting down clinics, Federal from California for bringing forward use, that our limited resources are fo- agents are forcing patients who may be this amendment. cused on the real problem. The real dying, for example, of cancer out into This amendment is absolutely crit- problem is not the 68-year-old cancer the streets to buy prescription drugs ical for Colorado. We have a legal regu- patient. The real problem is not the like narcotics, which oftentimes leads latory structure for medical marijuana business or the nonprofit that operates to prescription drug addiction. These and for the many businesses and non- under a legal State regulatory system raids also undermine the ability of profits that are active in providing pa- in providing these essential services in States to faithfully implement the will tients with medical marijuana, and yet our communities in accordance with of their voters. they live under a constant fear, a con- State and local law. The people in my home State of Cali- stant fear of selective enforcement This amendment is common sense. I fornia have voted to make medical from the Attorney General or from the hope that colleagues on both sides of marijuana legal. These laws have been DEA. the aisle will join in passing this enacted to allow patients safe and legal I had the opportunity in the Judici- amendment. access to appropriately produce and ary Committee to question the Attor- And I understand that for many of dispense medical marijuana in the ney General with regard to this issue, our colleagues, they don’t have legal safest possible environment. Yet in the and he acknowledged that the only pos- medical marijuana in their States, and last 18 months—for whatever reason— sible enforcement—because of the that’s fine. No one is saying that they the Drug Enforcement Administration large-scale use of medical marijuana in should or they shouldn’t. It’s up to the has raided and shut down many li- the States where it is legal—would be residents of each State to decide how censed and regulated dispensaries, selective enforcement. And that is a they want to treat the criminal aspects which are legal, mind you, under State very dangerous precedent and a very of regulating marijuana use. law. For example, the Berkeley Pa- dangerous power to hand an Attorney What we’re asking is, for those of you tients Group in my district, which had General, the Department of Justice, who come from States who don’t have worked closely with the city of Berke- and the DEA. legal marijuana, consider that some ley to stay in compliance with local I have heard from the other side of States might think about it a little dif- and State laws in order to serve criti- the aisle in different contexts many ferently. Consider that some States cally ill patients in my community, comments critical of the current At- have, in fact, authorized dispensaries has been forced to close its doors and torney General. But regardless of who and authorized a system to ensure that turn their patients away. Complying is sitting as Attorney General, do we it stays out of the hands of minors, to with the State law and relying on a want to have an Attorney General that focus their State law resources on memorandum from the Department of has the ability at any given time to en- harder drugs and ensuring that minors Justice, thousands of small businesses gage in selective enforcement against a don’t have access to marijuana or across my State have invested millions large group of people, whomever he or other drugs. And consider that that is in dollars in building their businesses, she wants to prosecute? their prerogative, just as it is your pre- created good paying jobs, and have paid What if the select enforcement is po- rogative in your State to continue to millions in taxes. The business owners litically motivated? What if we have an approach marijuana usage as a crimi- in my home district are doing every- Attorney General that decides he or nal issue. thing they can to comply with the law, she doesn’t like the Tea Party or I call upon my colleagues on both but clinics in Oakland and Berkeley doesn’t like the Occupy movement? sides of the aisle to support this impor- continue to be subject to raids by Fed- What if they then force the States to tant amendment, to focus our limited eral authorities. give the records that they keep of who resources and allow legal businesses Many of my colleagues and I have has the medical marijuana licenses and and legal caregivers to operate without made repeated requests to the Depart- then go after the people with whose the fear of a DEA agent busting in ment of Justice to seek clarification politics they don’t agree? It’s a very, their door. regarding their enforcement policies on very dangerous road to go down, a dan- I yield back the balance of my time. medical marijuana. Mr. Chair, this is gerous power to give to the Federal Mr. WOLF. I move to strike the req- about recognizing the will of the vot- Government. uisite number of words.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2529 The Acting CHAIR. The gentleman I yield back the balance of my time. of these critical law enforcement of- from Virginia is recognized for 5 min- The Acting CHAIR. The question is fices until a more thorough review of utes. on the amendment offered by the gen- the consequences can be undertaken. Mr. WOLF. I hear people talking tleman from California (Mr. ROHR- This is not a done deal. Congress about States’ rights. If a State said ABACHER). should and must act. sexual trafficking is okay, would we The question was taken; and the Act- My amendment won’t cost a cent, honor that and say that we’re not ing Chair announced that the noes ap- but it would bring in more than a few going to protect? I would hope not. peared to have it. dollars. Over the past 11 years, the At- States, in the past, have done some Mr. ROHRABACHER. Mr. Chairman, lanta field office alone brought in over things that have not been good in this I demand a recorded vote. $265 million in fines and restitution. country. The Acting CHAIR. Pursuant to Let me be clear that is a 600 percent Secondly, we know that many of clause 6 of rule XVIII, further pro- rate of return on this investment. these marijuana dispensaries are sim- ceedings on the amendment offered by What better proof do you need? ply fronts for illegal marijuana dis- the gentleman from California will be Mr. Chairman, I ask each and every tribution. The FDA noted in 2006 that postponed. one of my colleagues again to support ‘‘there is currently sound evidence that b 2010 the Lewis-Johnson amendment. smoked marijuana is harmful’’—harm- I yield back the balance of my time. AMENDMENT OFFERED BY MR. LEWIS OF ful—and that ‘‘no sound scientific Ms. KAPTUR. Mr. Chairman, I move GEORGIA to strike the last word. study supported medical use of mari- Mr. LEWIS of Georgia. Mr. Chair- The Acting CHAIR. The gentlewoman juana for treatment in the United man, I have an amendment at the desk. from Ohio is recognized for 5 minutes. States, and no animal or human data The Acting CHAIR. The Clerk will re- Ms. KAPTUR. Mr. Chairman, I want supported the safety of efficacy of port the amendment. to thank Congressman LEWIS for offer- marijuana for general medical use.’’ The Clerk read as follows: As required by the Controlled Sub- ing this amendment to the Commerce- At the end of the bill (and before the short Justice-Science fiscal year 2013 appro- stances Act, the DEA requested a sci- title) insert the following: entific and medical evaluation and SEC. . None of the funds provided by this priations bill. The amendment is de- scheduling recommendation from the Act may be obligated for the purpose of clos- signed to prevent the U.S. Department U.S. Department of Health and Human ing the regional field offices of the Antitrust of Justice from closing and reducing its Services. And what was concluded is Division of the Department of Justice. antitrust division field offices from ‘‘that marijuana,’’ the stuff that we’re The Acting CHAIR. The gentleman is seven to only three in a country of over saying tonight—anybody, if you saw recognized for 5 minutes. 300 million people in 50 States. the ‘‘60 Minutes’’ piece, they come in, Mr. LEWIS of Georgia. I rise today to The Department of Justice literally they buy, they take. We talk about offer an amendment that would pre- and regrettably wants to, or is pro- doctors. The number of doctors that vent the closing of four field offices of posing to, close four of its antitrust were ripping off people with the Department of Justice Antitrust field offices in response to budgetary OxyContin, the number of doctors that Division. These offices are located in pressures. This is partly because the were devastating— Atlanta, Dallas, Cleveland, and Phila- Republican budget fails to provide the You can go down to Broward County, delphia. The Justice Department an- administration with the resources it Florida, and go into some of these pain nounced plans to close these offices has requested to carry out its basic clinics. There are buses coming down with the stated goal of saving $8 mil- mission. and planes coming down to buy it. And lion. These closures will not save a Under Republican leadership, the doctors are writing prescriptions. So dime. In fact, these closures would ac- legal activities account, which funds we’re going to hide behind and just say tually end up costing the government the antitrust division, was 2.2 percent doctors are? The number of doctors money in lost criminal fines and res- less than the administration requested that ruin, that ruin young people on titution. for the fiscal year 2012, and that re- OxyContin, whereby they died—they Closing the Atlanta office does not sulted in a 5.2 percent cut compared to died. So to hide behind a doctor says even reduce Federal overhead. The At- fiscal year 2011. When we cut 5.2 per- that that means it’s okay—but Health lanta field office is located in a Federal cent out of a particular account that and Human Services said, ‘‘Marijuana courthouse building which will con- primarily funds salaries and expenses, has a high potential for abuse, has no tinue to operate. Not only will the there are consequences. accepted medical use in the United antitrust division likely lose those tal- However, congressional Republicans States, and lacks an acceptable level of ented lawyers who do not choose to re- are not totally to blame. The Presi- safety for use under medical super- locate to one of the remaining offices, dent’s budget says that the antitrust vision.’’ but it will also move people to some of division is expecting an increase in I may be the only one in this body the most high-cost locations in the caseloads and requested additional that feels this way, but I will tell you, country. funding to administer the increase in I think if this amendment passes and The southern region is home to the caseload. Yet the administration wants this becomes the law, this would be a corporate headquarters of over 100 of to close over half the division’s offices. gateway to young people. This will lit- the Fortune 500 companies. The At- What sense does this even make? erally send a message down to the lanta office prosecutes individuals and Also, the antitrust division is a key Mexican cartels. There is going to be a companies who engage in bid-rigging, participant on the President’s Finan- market all over. price-fixing, and illegal kickback cial Fraud Enforcement Task Force. It will also increase automobile acci- schemes. Shutting down the Atlanta How can the division be a helpful par- dents because you will basically be and Dallas sites leaves the entire ticipant when it is reducing its foot- finding people that are driving while southern region of our Nation without print across our country? they are high versus driving while they any local presence to prosecute and In one of America’s poorest cities are intoxicated. deter antitrust violations and white with lingering high unemployment— So, lastly, I would just hope and ask collar criminal activity. Cleveland, Ohio—that Department of that we defeat this amendment. We cannot and should not underesti- Justice antitrust field office is sched- Why don’t you have hearings in the mate the deterrent effect that the pres- uled to be closed. I’m concerned about Judiciary Committee? Why don’t you ence of regional law enforcement offi- the impact it will have, first of all, on have hearings some other place? But at cers has on white collar crime. We can- the administration of justice in the 7:30—and my friend from Massachu- not afford to leave the Southeast and field of antitrust, but also on the em- setts was joking about the time. The Southwest without vital law enforce- ployees, businesses, and consumers time is now 8:05, and we’re doing this. ment officials who are tasked with re- that serve us in the greater Ohio area. We’re changing the law. And I think it ducing white collar crime. I’m very concerned for the hard- would be bad for the country and urge I ask all of my colleagues to vote for working employees in the Cleveland a ‘‘no’’ vote. this amendment to prevent the closure field office, one of the most efficient

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2530 CONGRESSIONAL RECORD — HOUSE May 9, 2012 antitrust divisions in the country be- Closing these offices is very short- funding provided in the bill will be cause its employees are so talented. sighted. It puts nearly 100 jobs at risk used to facilitate a closure of the De- Cleveland is a community that still en- in Atlanta and saves only $500,000 in partment of Justice antitrust divi- dures high unemployment due to the fiscal year 2013. The proposal could end sion’s regional offices in Atlanta, economic crisis and its lingering ef- up costing money by transferring em- Cleveland, Dallas, and Philadelphia. fects. Why would we want to do this ployees to regional offices with higher Mr. Chairman, from our discussions now? costs of living and higher salaries, like in the full committee markup of this From my perspective, the amount of New York and San Francisco. bill, I understand that Mr. WOLF, the money the Department of Justice ex- distinguished chairman of the sub- pects to save will not actually mate- b 2020 committee, believes that this matter rialize because costs will increase else- Further, the proposal will weaken can be worked out and that Justice is where as a result of a reduced footprint the antitrust division as experienced perhaps willing to move on this. But I across the country. attorneys who choose not to transfer am deeply concerned that this action The reality is we should be fur- leave for other opportunities. Antitrust will seriously undermine the division’s thering our support for the antitrust law is a highly specialized field of law ability to enforce antitrust laws by division, not closing offices or cutting and the institutional knowledge of an limiting the number of boots on the funds. As currently structured, the experienced attorney is invaluable. ground, particularly in the Southeast antitrust division is one of the most ef- The Atlanta office ranks number one and the Southwest. Accepting that this ficient Agencies within the Federal in terms of the most trial wins of any is a done deal and there is no room for Government. Its base budget was $159 of the eight criminal offices. In fiscal negotiation by Congress will severely million. Yet from 2009 to 2011 the divi- year 2008, the Atlanta office ranked weaken our ability to enforce the anti- sion’s efforts resulted in $2 billion in first among all of the criminal offices trust laws. criminal fines and antitrust violations. in the amount of restitution obtained Furthermore, given the already That’s a seven-to-one return on invest- for victims. For that fiscal year, the heavy workload of the Washington, ment. Atlanta office accounted for 71.2 per- D.C., San Francisco, New York and In addition, over the last two fiscal cent of all restitution imposed by the Chicago field offices, the antitrust divi- years, the antitrust division has been division. sion will not have sufficient human re- estimated to have saved consumers As this Nation recovers from a reces- sources to investigate and prosecute over $650 million as a result of its sion largely caused by white collar many regional and local conspiracies criminal enforcement efforts. Further- misdoing, I implore this House to con- in the areas of responsibility that more, the antitrust division success- sider the message that closure of these those four offices have, the ones that fully resolved 97 percent of its criminal offices will send to the public. Those are slated to be closed. cases in fiscal year 2011. considering whether to commit white I want to ensure that the antitrust Without question, the antitrust divi- collar crime need to know that there is division can continue to protect tax- sion more than pays for itself seven strict Federal enforcement. Closing payers and preserve integrity of our times over. It has an outstanding track these field offices sends the wrong mes- free market system. The regional of- record. We should leave its current sage to criminals and the public at ex- fices in Atlanta, Cleveland, Dallas, and structure alone. In fact, we should seek actly the wrong time. Philadelphia help facilitate these ef- to strengthen it and get greater return This Congress has been consumed forts, and they should remain open. to the taxpayer for every dollar in- with debating the proper role and scope Closing these offices, I believe, is vested. No matter what happens here of government. During that debate, we penny wise and pound foolish. It puts today or tomorrow, I’ll continue to have all agreed that the minimum role nearly a hundred jobs at risk, and it work with the other body to protect of government is to ensure an equal poses only a $500,000 savings in fiscal year 2013. In fact, the proposal could the antitrust division’s presence across playing field that allows opportunity end up costing money because it would this country and work to ensure that for all and ensures that all wrong-doers transfer employees to regional offices the employees in communities like will be prosecuted, no matter if they Cleveland and the other communities with higher costs of living and higher are engaged in petty criminal offenses are treated fairly, because in the final salaries, like New York and San Fran- or white collar crimes. analysis, the American people need a cisco. The antitrust division, which pro- robust antitrust division at the Depart- It’s extremely important that we motes and protects competition in the ment of Justice. don’t close these offices until a thor- Mr. Chairman, I support the Lewis marketplace, is essential to good gov- ough review of the antitrust division is amendment, and I yield back the bal- ernance and fairness. Surely Tea completed. When deciding to rec- ance of my time. Partyers and progressives, ALEC mem- ommend these closures, the Depart- Mr. JOHNSON of Georgia. I move to bers and union leaders can all agree ment of Justice did not consider other strike the last word. that government must ensure a fair more cost-effective options. Further- The Acting CHAIR. The gentleman is and competitive marketplace that al- more, if offices must be eliminated, all recognized for 5 minutes. lows for innovation. of the closures should be based on Mr. JOHNSON of Georgia. Thank The closure of these four field offices merit and productivity rather than on you, Mr. Chairman. will have the effect of significantly politics. I rise in support of this amendment eroding the division’s criminal enforce- Let me speak for a moment on the which will ensure that the Department ment program, leaving U.S. consumers Atlanta office which does better in of Justice has the resources it needs to and businesses in at least 19 States, the terms of overall performance and pro- fight white collar crime. The Depart- Virgin Islands, and Puerto Rico unpro- ductivity than say, for instance, some ment is preparing to close antitrust re- tected against white collar crooks like of the other offices which are slated to gional offices in Atlanta, Cleveland, Bernie Madoff who seek to rig bids, in- remain open. The Atlanta office ob- Dallas, and Philadelphia. This amend- flate prices, and otherwise defraud con- tained over $265 million in fines and ment will prevent the closure of these sumers and businesses. restitution between FY 2000 and 2011. field offices during fiscal year 2013. I urge a ‘‘yes’’ vote on this amend- With an annual operating cost of $4 As a member of the Judiciary Sub- ment, and I yield back the balance of million, the criminal fines and restitu- committee on Intellectual Property, my time. tion recovered by the office represent a Competition, and the Internet, I am Mr. BISHOP of Georgia. Mr. Chair- return rate of 600 percent. Indeed, clos- concerned about the impact of these man, I move to strike the last word. ing these offices is penny wise and closures. This action will seriously un- The Acting CHAIR. The gentleman is pound foolish, and I urge adoption of dermine the division’s ability to en- recognized for 5 minutes. the amendment for the good of our free force antitrust laws by limiting the Mr. BISHOP of Georgia. Mr. Chair- market system and our capitalist econ- number of boots on the ground, par- man, I rise today in support of the omy. ticularly in the Southeast and the Lewis-Johnson amendment. This Mr. Chairman, I yield back the bal- Southwest. amendment ensures that none of the ance of my time.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2531 Mr. WOLF. Mr. Chairman, I rise in be in compliance with the ADA regula- Administration. Overregulation has a opposition to the amendment. tion. And I dare to stand and say we direct effect on their ability to create The Acting CHAIR. The gentleman need to say ‘‘nay’’ to that type of ef- jobs and compete in the marketplace. from Virginia is recognized for 5 min- fort. Pardon the pun. It’s kind of hard If a person wishes to bring a horse utes. to get through this without smiling into an establishment, then the request Mr. WOLF. I want to thank the gen- about it, but this is the kind of regula- should be dealt with on a case-by-case tleman and the gentlelady for raising tion that has an untold number of con- basis, not through some new Federal this issue and standing up. This was sequences on small businesses. mandate. Ironically, even the Minia- not done by our committee. This was While I recognize the imperative and ture Horse Association—and I’m sure done by the Justice Department, by the need that some unfortunate Ameri- all good Americans subscribe to the the administration. cans go through in having to deal with magazine put out by the American But what we will do is next week we things, there comes a point where we Miniature Horse Association—but their will ask the three or four who spoke, have to stand up and say wait a sec, president, Harry Elder, has looked at that we bring the Justice Department wait a sec, wait a sec. Do we really this. He does not condone the use of in. We will get them to come up here need to allow service horses into air- these horses as a replacement for guide whereby they can sit down with all of planes, into hotels and into restaurants dogs. In fact, he has said: you together and your staffs to explain just to accommodate a particular per- The American miniature horse can readily why, and see if they can justify this. son? be trained to be led or driven, but in most But I just want to be clear, this was This amendment would prohibit cases it would not make a suitable replace- not done at the committee’s request. funding from the implementation of ment for an animal such as a guide dog. This was the Justice Department. yet another costly Federal regulation. So there is an association that deals Mr. BISHOP of Georgia. Will the gen- The regulation would require busi- with these miniature horses. Even that tleman yield? nesses and restaurants to admit service association and the president is saying Mr. WOLF. I yield to the gentleman. horses in the same way they admit this is not a wise move. Mr. BISHOP of Georgia. I appreciate service dogs into their areas of oper- If the body feels that this is an im- the gentleman yielding, and I appre- ation. I wish I didn’t have to bring up perative thing to do, I suggest a Mem- ciate those comments. I think it is this amendment; but since the admin- ber of Congress be brave enough to in- clear that this was an action by the De- istration has now put this into a rule, troduce such a piece of legislation, that partment, and it was not an action we’re going to have to introduce this it be properly vetted by having a hear- taken by the committee. amendment. ing about this, and we can move However, several of us on the com- Despite the difficulty—and some through the legislative process. But mittee have grave concerns about it, would say the impossibility of house- since the administration has intro- and we appreciate the chairman’s breaking a horse—the Obama Justice duced this regulation, this is just sug- agreement and his willingness to dis- Department has ruled that service gesting that we should not spend cuss it with the Justice Department horses, miniature horses used to ac- money against this and let this be a and see if we can’t get this situation company people with disabilities, are little more vetted. It would help Amer- corrected. no different than guide dogs under the ican businesses. Unfortunately, there Mr. WOLF. I thank you, and with Americans with Disabilities Act. As a are already lawsuits flying. that I yield back the balance of my result, shops, restaurants, hotels, even I would encourage Members on both time. airlines, can now be sued if they do not sides of the aisle to please vote for this The Acting CHAIR. The question is accommodate horses in their place of amendment, and I yield back the bal- on the amendment offered by the gen- business. ance of my time. tleman from Georgia (Mr. LEWIS). That regulation joins a long list of Mr. FATTAH. Mr. Chairman, I move The question was taken; and the Act- rules with which small businesses must to strike the last word. ing Chair announced that the noes ap- comply. In fact, the New York Times The Acting CHAIR. The gentleman peared to have it. recently reported on a particularly in- from Pennsylvania is recognized for 5 Mr. LEWIS of Georgia. Mr. Chair- sidious scheme in which lawyers re- minutes. man, I demand a recorded vote. cruit disabled people, pay them a fee, Mr. FATTAH. I had an opportunity The Acting CHAIR. Pursuant to and use them to file lawsuits against to visit, while I was in Connecticut clause 6 of rule XVIII, further pro- businesses that fail to comply with any with Chairman LARSON, with a brave ceedings on the amendment offered by one of the hundreds of ADA rules. For young soldier who lost his eyesight in the gentleman from Georgia will be small businesses, the cost of compli- Iraq. It was a situation where his abil- postponed. ance with that law that designates, for ity to function required an animal to AMENDMENT NO. 36 OFFERED BY MR. CHAFFETZ instance, 95 different standards for help guide him so that he could go Mr. CHAFFETZ. I have an amend- bathrooms alone is just the beginning. about his normal functions of daily life. ment at the desk, Mr. Chairman. b 2030 The Acting CHAIR. The Clerk will What the gentleman who made this designate the amendment. They must also pay attorneys’ fees to amendment neglected to share with the The text of the amendment is as fol- the litigants in such case, even though House is that it has been the law that, lows: many businesses say they would have under the ADA guidelines, you could At the end of the bill (before the short complied without a lawsuit. have any animal—monkey, horse, so title), insert the following: Some 1.65 million lawsuits are filed forth and so on—that could be of use to SEC. lll. None of the funds made avail- each year over enforcement of Federal someone who was disabled. What the able by this Act may be used for the purpose regulations, according to Berkeley law administration has done with this new of implementing section 36.302(c)(9) of title professor Sean Farhang, author of regulation is limit this to only two 28, Code of Federal Regulations. ‘‘The Litigation State.’’ Estimates by types of animals: one are guide dogs— The Acting CHAIR. The gentleman the Competitive Enterprise Institute as we would normally know them—and from Utah is recognized for 5 minutes. suggest that regulation cost the econ- the other are miniature horses that Mr. CHAFFETZ. Mr. Chairman, a omy some $1.75 trillion in 2008 alone. meet certain requirements, including couple of short months ago, the De- That’s a massive drag on the U.S. econ- being housebroken and so forth and so partment of Justice in support of the omy. With the average of nine new on. The reason why people who are dis- Americans with Disabilities Act added rules appearing in the Federal Register abled in some cases find this a more a new provision. This provision said every day, small businesses with fewer useful animal to use is that they live that in order to be in compliance with resources struggle to keep up with the three times longer than a dog does and the ADA regulations, businesses must ever-changing regulatory environment. they have perfect vision. now allow service horses into their Some 65 percent of the Nation’s net But I see that there has been some, I businesses. And you did hear right: new jobs are created by small busi- guess, laughter, as if this is comical. they’re talking about service horses to nesses, according to the Small Business The fact of the matter is, when I met

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I simply disagree what we now know was a pattern of false, number one. Number two, it’s re- with that assessment. We’ll have to surveillance and infiltration by the stricting an overly broad set of allow- agree to disagree, and I look forward to New York Police Department against ances in this regard, and it restricts it working with you. innocent American Muslims in the ab- to only two types of animals, both of Mr. FATTAH. Reclaiming my time, sence of a valid investigative reason. which can be used by people who are because we’re not talking about an as- These Muslim communities were disabled. sessment, I want the House to be aware mapped, infiltrated, and surveilled sim- So I would hope that the House, even of that. This is not the appropriate ply because they were Muslim. those in the majority who seem to find, place to deal with this matter. But if for some reason, challenges in this bill, we insist on it, I would hope that we Profiling is wrong. Profiling on the in particular with the provisions that would err on the side of that young basis of the race, ethnicity, and reli- they want to go after that allow dis- brave soldier who risked his life on be- gion is a violation of core constitu- abled people to use pools—and we heard half of our country, and that he should tional principles. yesterday how every group in the vet- have whatever assistance that can be Profiling is also wrong because it is erans associations around our country provided. not good policing. Profiling is an un- opposed this effort yesterday on the I yield back the balance of my time. thinking, lazy, unprofessional approach pool access, and now we’re here talking The Acting CHAIR. The question is to police work and intelligence work, about whether or not people who have on the amendment offered by the gen- and it only raises the risk that the real lost their sight or are disabled can tleman from Utah (Mr. CHAFFETZ). plot will slip through the cracks. In- have a guide animal. The amendment was agreed to. deed, profiling is counterproductive. So I oppose the amendment. I hope AMENDMENT OFFERED BY MR. HOLT The sloppiness of the NYPD surveil- the House rejects it. Mr. HOLT. Mr. Chairman, I have an lance effort was such that several non- Mr. CHAFFETZ. Will the gentleman amendment at the desk. Muslim establishments were labeled as yield? The Acting CHAIR. The Clerk will re- being owned by Muslims and, contrary Mr. FATTAH. I yield to the gen- port the amendment. to the blanket assertions by some that tleman from Utah. The Clerk read as follows: the tactics have kept New York City Mr. CHAFFETZ. I do want to indi- At the end of the bill (before the short safe, the NYPD failed to uncover two cate that I believe it was in March that title), insert the following: actual plots against New York City, the Department of Justice title III reg- SEC. ll. None of the funds made available those perpetrated by Faisal Shahzad ulations issued a new ruling. So, we by this Act may be used by the Department and Najibullah Zazi. may disagree on what to do with this. of Justice in contravention of any of the fol- In Shahzad’s case, the FBI was Mr. FATTAH. Reclaiming my time, lowing: (1) The Fifth and Fourteenth Amendments surveilling both the mosque he at- you are aware, I assume, that this rul- to the Constitution of the United States. tended and the Muslim Student Asso- ing was a restriction from a much (2) Title VI of the Civil Rights Act of 1964 ciation of his accomplice. In Zazi’s broader ruling that allowed any type of (42 U.S.C. 2000d et seq.) (relating to non- case, the NYPD actually took actions animal, including monkeys—and I can discrimination in federally assisted pro- that let Zazi be tipped off about the go into the different other animals if grams). FBI’s investigation. you’d like. (3) Section 809(c)(1) of the Omnibus Crime I yield to the gentleman from Utah. Control and Safe Streets Act of 1968 (42 The NYPD’s surreptitious, uncoordi- Mr. CHAFFETZ. I would disagree U.S.C. 3789d(c)(1)) (relating to prohibition of nated, and unprofessional approach to with that assessment. This is a new discrimination). counterterrorism prevention within (4) Section 210401(a) of the Violent Crime the American Muslim community regulation, and it has led to lawsuits Control and Law Enforcement Act of 1994 (42 that have already started to happen. U.S.C. 14141(a)) (relating to unlawful police shows that they have learned nothing One news report is of a lawsuit in Cali- pattern or practice). from the lessons elucidated from the fornia. Mr. HOLT (during the reading). Mr. 9/11 Commission’s report. Mr. FATTAH. Let me reclaim my Chairman, I ask unanimous consent Now, let me be clear. This amend- time just so we can clarify this one that the amendment be considered as ment is not aimed solely at one par- matter of fact here, okay, in that the read. ticular law enforcement organization. regulation prior to this adjustment al- The Acting CHAIR. Is there objection Over the decades, law enforcement lowed for service animals of any type— to the request of the gentleman from agencies across the country have including a dog, a horse, monkey, bird, New Jersey? profiled against African Americans, rat—trained to assist and alert, okay, There was no objection. Hispanics, and other minorities. In- that’s number one. So this is a move by The Acting CHAIR. The gentleman is deed, the Department of Justice has the Obama administration to restrict recognized for 5 minutes. specific guidance prohibiting this prac- it to two types of animals. So I just Mr. HOLT. Mr. Chairman, the pur- tice because it has become widespread, want the House to be able to operate pose of this amendment is simple: to and it has conducted litigation against off of actual information because this prohibit any Federal funds from flow- Police Departments for using race or is an effort to both help those who are ing to law enforcement organizations ethnicity to target citizens for arrest disabled, and also to avoid unnecessary that engage in any form of racial, eth- in California, Pennsylvania, Illinois, circumstances in which regulations are nic, or religious profiling. and other States. too broad. It’s been a matter of concern for dec- My amendment would ensure that no Mr. CHAFFETZ. Will the gentleman ades among minority communities Federal funds are flowing to any law yield? when policing organizations engage in enforcement entity that the Depart- Mr. FATTAH. I would be glad to profiling, but recent events have ment has identified as engaging in ra- yield. brought the problem into sharp focus. cial, ethnic, and religious profiling. Mr. CHAFFETZ. I would be happy to work with you on that. I do disagree b 2040 Racial, ethnic and religious profiling with that assessment and that reading Starting last August, the Associated by police is not something taxpayer of it. Press published a series of disturbing dollars should be spent for. I urge my Mr. FATTAH. Let me reclaim my stories about the systematic racial, colleagues to support this amendment. time. This is not an assessment; this is ethnic, and religious profiling con- I yield back the balance of my time.

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PEOPLE FOR THE AMERICAN WAY, both religion and democracy in America, causes resentment in targeted communities Washington, DC, May 9, 2012. Interfaith Alliance supports Rep. Holt’s and makes people in those communities less U.S. HOUSE OF REPRESENTATIVES, amendment because: likely to cooperate in crime prevention re- Washington, DC. Racial and religious profiling is an affront porting or investigations. When individuals DEAR MEMBER OF CONGRESS: On behalf of to the principle of religious freedom on and communities fear the police, they are the hundreds of thousands of members of which our nation was founded. Profiling indi- less likely to call law enforcement when People for the American Way, I urge you to viduals simply because they belong, or ap- they are the victims of crime or in emer- support Representative Holt’s amendment to pear to belong, to a particular religious com- gencies. Creating a climate of fear com- H.R. 5326, the Commerce, Justice, Science, munity turns First Amendment-protected promises public safety and limits the ability and Related Agencies Appropriations Act, beliefs and activities into cause for sus- of law enforcement officials to effectively 2013. A vote is anticipated this afternoon. picion. carry out their responsibilities. Such coun- This amendment would prohibit federal Racial and religious profiling undermines terproductive law enforcement practices funds made available through the act to be Americans’ trust in those sworn to protect should never receive federal support. used for programs or activities that involve them. Numerous studies have shown that As I stated earlier, I hope that you will racial, ethnic, or religious profiling by any singling out individuals for investigation support the Holt amendment to H.R. 5326 and federal, state, or local law enforcement orga- based solely on their appearance is ineffec- help address the very serious problem of ra- nization. tive and dishonest, alienates racial and reli- cial profiling. Thank you in advance for your Such profiling undermines America’s sta- gious minorities, and diminishes cooperation attention to this NAACP priority. Should tus as a nation founded on Equal Justice and effective law enforcement. you have any questions or comments, please Under Law. The story of America is one of a Racial and religious profiling fuels divi- do not hesitate to contact me at my office at nation founded on timeless ideals of liberty siveness by casting suspicion over an entire (202) 463 2940. and equality, and struggling generation after religious community, perpetuating discrimi- Sincerely, generation to make those principles real for nation against religion generally and reli- HILARY O. SHELTON, those not included. Society’s ‘‘outsiders’’ are gious minorities in particular. Vice President for Advocacy / Director, brought in and made to know that they in Protecting religious freedom is most crit- NAACP Washington Bureau. fact belong to the community that is Amer- ical in times of crisis and controversy. Most Mr. KING of New York. I move to ica. Profiling damages that process. It sends law enforcement agents discharge their du- strike the last word. a powerful message to entire communities ties honorably, and do not engage in racial that they are, in fact, not quite the equal and/or religious profiling. Prior to 9/11, both The Acting CHAIR. The gentleman is members of society that we said they were. Congress and President George W. Bush recognized for 5 minutes. It tells them that their very existence raises made a commitment to end the practice of Mr. KING of New York. Mr. Chair- suspicions. It harms the individuals profiled, racial profiling. However, the September man, I must say that I strongly oppose as well as those who live in constant appre- 11th attacks caused a dramatic rise in the in- this amendment, and I disagree with hension of being profiled. The practice un- appropriate profiling of Arabs, Muslims, virtually every word spoken on the dermines our nation’s principles, and our Sikhs, and South Asians. This profiling floor tonight by the gentleman from federal government should not be funding it. based on religion, race, ethnicity, and na- Profiling does not even produce the bene- New Jersey. tional origin continues to persist today. Let’s understand one thing. The fits that it is purported to provide: It is Again, please vote YES on Rep. Holt’s counterproductive. When limited law en- amendment to H.R. 5326 and affirm our fun- NYPD has the most effective counter- forcement resources are spent targeting in- damental moral and democratic values of terrorism unit in the country. There nocent people simply because of their real or equal protection and religious liberty while are 1,000 police working day in and day perceived race, ethnicity, or religion, that is making our nation safer by ending this prac- out. As a result of that, almost 13 or 14 not an efficient use of resources. Nor is it ef- tice now. Please call Deputy Director for attempts, terrorist attempts, Islamist ficient to alienate entire communities, mak- Public Policy Arielle Gingold with any ques- terrorist attempts to attack New York ing them feel resentful toward or fearful of tions at 202 238 3266. law enforcement. People living in America have been stopped. Sincerely, Now, let’s get something straight. should be able to rely on law enforcement as REV. DR. C. WELTON GADDY, a partner in making their lives safer. But President, Interfaith Alliance. The President’s Homeland Security Ad- those who feel unfairly targeted by profiling visor, John Brennan, recently visited will be far less likely to cooperate with law NATIONAL ASSOCIATION FOR THE with the NYPD. During that meeting, enforcement when their cooperation is need- ADVANCEMENT OF COLORED PEOPLE, or following that meeting, Mr. Bren- ed, whether it is a case of local violent crime Washington, DC, May 9, 2012. nan, President Obama’s Homeland Se- or national security. That does not make our Re: NAACP Strong Support for the Anti-Ra- curity Advisor, stated: nation or our communities safer. cial Profiling Amendment to be Offered A practice that undermines both our prin- I have full confidence that the NYPD is by Congressman Rush Holt (NJ) to H.R. doing things consistent with the law, and it’s ciples and our safety is not one that the fed- 5326, A Bill Making Appropriations for eral government should be funding. We urge something that again has been responsible the Departments of Commerce, Justice for keeping this city safe over the past dec- you to vote for Representative Holt’s amend- and State. ment. ade. Sincerely, Hon. MEMBERS, Mr. Brennan, the President’s Home- U.S. House, MARGE BAKER, land Security Advisor went on to say: Executive Vice Presi- Washington, DC. DEAR REPRESENTATIVE: On behalf of the If we are going to have the ability to iden- dent for Policy and tify and stop terrorist operatives and ter- Program. NAACP, our nation’s oldest, largest and most widely-recognized grassroots-based rorist attacks here on our shores, the na- PAUL R. GORDON, civil rights organization, I strongly urge you tional government cannot do it alone. The Senior Legislative NYPD is a model of how a community can Counsel. to support Congressman Rush Holt’s (NJ) amendment to HR 5316, the Commerce, Jus- come together. tice, State, and Related Agencies Appropria- He closed by saying to the NYPD: INTERFAITH ALLIANCE, Washington, DC, May 9, 2012. tions Act 2013. Congressman HOLT’s amend- You have had a very difficult job. I think Re Interfaith Alliance Recommends Voting ment would prohibit federal funding for pro- you’ve done it very well. The success is in YES on Rep. Holt Amend. to H.R. 5326. grams or activities that involve racial, eth- the record in terms of keeping your city safe. nic, or religious profiling by any federal, In addition to that, FBI Director DEAR REPRESENTATIVE: On behalf of Inter- state, or local law enforcement organization. faith Alliance, I urge you to vote YES on Racial profiling betrays the fundamental Mueller has stood by the NYPD, said Rep. Rush Holt’s (D NJ 12) amendment to American promise of equal protection under that they are in full compliance with H.R. 5326, the Commerce, Justice, Science, the law and infringes on the Fourth Amend- the law. CIA Director Petraeus, there and Related Agencies Appropriations Act of ment guarantee that all people be free from was an IG inspection done, that the 2013. A recorded vote on this amendment is unreasonable searches and seizures. Such NYPD’s relationship with the CIA was anticipated on the House floor today. The discriminatory law enforcement practices amendment states: in full compliance with the law. have no place in American life and certainly These slanderous attacks by the As- ‘‘None of the funds made available in this should not be supported by federal funds. Ra- Act may be used for programs or activities sociated Press and The New York cial profiling targets individuals not because Times cannot point out one instance of that involve racial, ethnic, or religious of evidence of criminal activity but because profiling by any Federal, state, or local law of the individuals’ perceived race, ethnicity, a law being violated or one provision of enforcement organization.’’ nationality or religion. It diverts limited law the Constitution being violated. As the only national, interfaith organiza- enforcement resources away from more ef- We should be here tonight giving the tion dedicated to protecting the integrity of fective strategies. Racial profiling also NYPD a medal. We sit here, 101⁄2 years

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2534 CONGRESSIONAL RECORD — HOUSE May 9, 2012 after September 11, and the most effec- The Acting CHAIR. The gentleman lim community. In fact, if you talk tive law enforcement, counterterror- from Pennsylvania is recognized for 5 with the Muslim community, they are ism unit in the country is being at- minutes. not only outraged by this behavior; tacked? We are attempting to cite the Mr. FATTAH. This is a well-inten- they are intimidated by it. They see it Constitution and provisions of law as tioned issue in the sense that all this as profiling. My colleague from New somehow an attack on the NYPD, when amendment says is that none of the York and my colleague from Pennsyl- no one complies with these more than funds in this bill should be used to vio- vania can say, well, of course every- the NYPD. late the Constitution of the United body is operating under the law. And again, we go through, whether States, the Fifth and the 14th Amend- Mr. FATTAH. In reclaiming my time, it’s Director Petraeus, whether it’s Di- ment, so I’m sure there will be those I didn’t say that. I understand, from rector Mueller, or whether it’s the who want to adhere to it. the press reports one could consider President of the United States, his own But this is not the appropriate place this profiling. All I am suggesting to Homeland Security advisers have said to be dealing with this issue. This is an you is that this is not the appropriate this. appropriations bill. We’ve had dozens of vehicle for us to deal with it. Profiling Now, I work closely with the NYPD, riders, one after another, with people would be improper, and I believe the those in New York, whether it’s Mayor trying to get at other issues. Justice Department has articulated Bloomberg, whether it’s City Council Now, there is no instance, no matter that their position is not to profile. President Christine Quinn. She’s a what the purpose, under which we Mr. HOLT. Will the gentleman yield? Democrat; he’s an independent. Both should be condemning law enforcement Mr. FATTAH. I will be glad to yield stand by the NYPD because of what when they are carrying out appropriate to the gentleman from New Jersey. they have done. responsibilities, and they should be Mr. HOLT. I would hope that the gen- And to think that the most effective given the benefit of the doubt. In the tleman would find a place for this in- organization is being attacked by the same instance, we have a responsibility struction to the Department of Justice Associated Press, The New York to uphold the Constitution. The Con- in order to make sure that the recipi- Times, and those attacks are being stitution is clear in its delineation that ents of their grants do what they are, joined here on the floor of the Congress you can’t discriminate. indeed, supposed to do. We’re talking of the United States, without one fact And we shouldn’t—it’s not good law about money spent. We should make to back them up. There is no spying. enforcement practices, no matter who sure that the taxpayer money is spent All this is good police work. for good policing. The reality is we’re not going to sit you’re looking for, to act in ways in Mr. FATTAH. I thank the gentleman. back like we did on September 11 and which you close your eyes to other pos- As I indicated, I commend you for rais- allow the enemy to come. If we know sibilities. If you’re looking for terror- ing this issue. I know it’s unpopular in that an attack is coming and we’re ists, they don’t come in any particular some areas. told, for instance, that operatives are subset or group. And I know that wise I’m just suggesting that, when in an coming from a particular country and law enforcement is aware of this, and appropriations bill, a rider like this, there’s a community in New York City that they look across the board at dictating to the Department that it where those people live, then obviously what the vulnerabilities may be. should comply with the Constitution is you go, you conduct open surveillance. I want to thank the gentleman from similar to some other amendments No one’s talking about any violations New Jersey for his steadfastness in try- we’ve seen today. I believe that the De- to the Constitution. ing to protect against religious bigotry I remember years ago when the Jus- or ethnic discrimination or uninten- partment has an ongoing, everyday re- tice Department was going after the tional stepping across the line, how- sponsibility to comply with the Con- Mafia, they went to the Italian Amer- ever one might want to look at this. stitution. ican communities. When they were But, again, this is a bill in which we’re I yield back the balance of my time. Mr. WOLF. I move to strike the req- going after the Westies, they went to trying to deal with the appropriation uisite number of words. the Irish American communities. When of Federal dollars for needed law en- The Acting CHAIR. The gentleman you’re looking for the Russian mob, forcement activity. from Virginia is recognized for 5 min- you go to the communities in Coney Is- Mr. HOLT. Will the gentleman yield? utes. land and Brighton Beach. That’s where Mr. FATTAH. I would be glad to Mr. WOLF. I share the comments the enemy comes from. yield to the gentleman. Ninety-nine percent of the people are Mr. HOLT. Thank you. made by Mr. FATTAH and by my friend law-abiding. But if you’re looking for This is completely consistent with an from New York (Mr. KING). At every hearing we have, we raise the person who is going to that com- appropriations bill for the Department this issue with Director Mueller. Direc- munity to carry out a crime, you look of Justice. Just as we have spent dec- tor Mueller may be the best—not one in that community. If you’re looking ades getting away from the practice of of the best—the best Director that for an Islamic terrorist, you don’t go to harassing people for driving while we’ve ever had at the FBI. I think Di- Ben’s Kosher Deli. When they were black, we’ve got to get away from the rector Mueller has stood with the looking for the Italian mob, they didn’t practice of harassing people for shop- NYPD. He had an opportunity to speak go to an Irish bar. They went to the ping while Muslim. and to say something negative. He did Italian social clubs. b 2050 This is solid law enforcement. That’s not. not profiling. That’s an abuse of the Mr. FATTAH. In reclaiming my time, My good friend—and he is my friend. term ‘‘profiling’’ to even suggest that. the point here is that, with every dol- I think we throw words around there, So I cannot be more emphatic or lar that we appropriate to the Depart- but I like RUSH HOLT, and he knows stronger in my denunciation of this ment of Justice, we operate under the how I feel about him. Yet this is not a amendment, calling for its defeat and belief that they’re carrying out their good amendment, and it almost makes urging people to stand by the NYPD, constitutional responsibilities, so a the FBI or the NYPD look like they’re limitation that says that they have to doing something wrong. It’s one thing which has kept New York safe for 101⁄2 years. operate within the Constitution, at to have a colloquy on the floor, but an- I went to too many funerals. I at- best, is somewhat redundant. other to have an amendment that tended too many wakes. I lost too Mr. HOLT. Will the gentleman yield? looks like it’s a direct kind of attack many constituents. I’m not going to Mr. FATTAH. I yield to the gen- on it after. I looked at the original allow it to happen so long as I’m in tleman from New Jersey. amendment, and you had to kind of this Congress. Mr. HOLT. Reference was made to change it for it to be in order. I oppose this amendment. the Deputy National Security Advisor Secondly, I think Ray Kelly is one of The Acting CHAIR. The gentleman’s of President Obama’s, Mr. Brennan. the finest police chiefs we’ve ever had time has expired. What Mr. Brennan actually said was in the country, and if you were an Mr. FATTAH. I move to strike the that, for the NYPD to be effective, NYPD policeman, you would see this last word. they need the cooperation of the Mus- and think.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2535 Thirdly, to validate what Mr. KING think Mr. Brennan is actually a con- SEC. ll. None of the funds made available said, I will read here: stituent who lives in my congressional by this Act may be used to carry out the ac- tivities of the Climate Change Education President Barack Obama’s top counterter- district. He has a pretty distinguished program of the National Science Foundation. rorism adviser praised the New York Police career in having been our station chief Department’s work Friday, saying the agen- in Saudi Arabia and the head of the The Acting CHAIR. The gentleman cy has struck an appropriate balance be- Counterterrorism Center, and he prob- from Minnesota is recognized for 5 min- tween keeping people safe and protecting ably knows more about terrorism than utes. their rights. any Member here in the Congress but Mr. CRAVAACK. I rise today to offer We have to remember Major Hasan for, perhaps, Mr. ROGERS or Mr. RUP- an amendment that would prohibit any was responsible for the death of 13 peo- PERSBERGER. more funding going to a duplicative ple, and there were targets and signs Secondly, Director Mueller, I main- program. I’d like to think that every- that nobody wanted to kind of identify. tain, is one of the best Directors. Di- one in this room is well aware that we As Mr. KING said, there are about 180 rector Mueller is an honest, decent, are $15.7 trillion in debt. people from my congressional district ethical guy, who cares deeply with re- b 2100 who died in the attack at the Pen- gard to civil rights. Mr. SERRANO is not Our spending is out of control. We tagon. here, but God bless Mr. SERRANO. At are simply spending money we don’t Brennan goes on to say: every hearing, Mr. SERRANO always It is not a trade-off between our security bears in to make sure that the FBI is have and massively indebting future and our freedoms and our rights as citizens, doing things appropriately. I believe generations of Americans. John Brennan said Friday at an appearance they are, and he validated what the The GAO reports duplicative U.S. at NYPD headquarters. NYPD did. Government programs costs billions of I believe that balance that we strike has dollars. Thirteen agencies fund 209 dif- been an appropriate one. We want to make It’s just not a good idea to be attack- ing our law enforcement and saying ferent science, technology, engineer- sure that we’re able to optimize our security ing, and math education programs. Of at the same time we optimize those freedoms this when they’re actually doing a good we hold and cherish so deeply. job. So I stand with Mr. FATTAH, and I those programs, 173 overlap with at least one other program. We have to be Brennan’s comments represent a stand with Mr. KING. The Acting CHAIR. The time of the responsible for how the government White House stamp of approval of the spends Americans’ hard-earned tax dol- NYPD’s tactics. For months, the gentleman from Virginia has expired. (On request of Mr. FATTAH, and by lars. We cannot afford to borrow money Obama administration has sized up the to fund duplicative programs that are question about the NYPD surveillance unanimous consent, Mr. WOLF was al- lowed to proceed for 2 additional min- already under the purview of estab- program while insisting on the impor- lished agencies and protocols. tance of building partnerships with utes.) Mr. WOLF. I yield to the gentleman The Climate Change Education pro- American Muslims. gram at the National Science Founda- Then it goes on to say: from Pennsylvania. Mr. FATTAH. I thank the chairman tion duplicates education programs al- City officials said the police department for yielding. ready in place. Currently, worthy re- has done nothing illegal and argued that the search proposals are subject to rig- NYPD would have endangered the city it is It is not inconsistent for us to want charged with protecting if it did not take to have support for law enforcement orous peer-reviewed processes. The Cli- such preventative measures. Officers cannot and also that the Constitution be fol- mate Change Education program sets wait to open an investigation until a crime lowed. We have access to law enforce- aside money for a specific purpose, is committed, they argue. Police Commis- ment. If you want them to come in and which is already covered in inter- sioner Raymond Kelly has said it is a brief you on these tactics and to talk agency education programs. This is mischaracterization to describe the depart- this thing through, that’s fine; but I just more Big Government and a waste ment’s tactics as spying. don’t believe that we should take a po- of taxpayer dollars. I will close with this: sition of all the angels on one side. To Last year, the Climate Change Edu- In a speech to the police department’s offi- the contrary, there is no police depart- cation program funded partnerships cials and representatives from private secu- ment that’s perfect. among K 12 education, related non- rity firms, Brennan then went on to say, The The point here is that the effort is profit organizations, and relevant edu- NYPD’s counterterrorism work was essential one, I believe, to comply with the con- cation and/or climate-related policy- to the safety of the Nation’s citizens. stitutional restrictions that you do not makers. This year, however, the pro- So I agree with Mr. KING, and I agree operate without due process and prob- gram has morphed into the Sustain- with Mr. HOLT. able cause. Let’s see if we can find a ability Research Network to create Mr. HOLT. Will the gentleman yield? way other than with this amendment new interdisciplinary learning experi- Mr. WOLF. I yield to the gentleman to see if we can get to the heart of this. ences for graduate and undergraduate from New Jersey. Mr. WOLF. I yield back the balance students, as well as literacy programs. Mr. HOLT. Since you refer to the of my time. In the military, we call this mission Deputy National Security Advisor, it’s The Acting CHAIR. The question is creep. worth pointing out that a couple of on the amendment offered by the gen- The National Science Foundation days later the White House felt it nec- tleman from New Jersey (Mr. HOLT). funds basic research and serves as an essary to back away from his com- The question was taken; and the Act- engine of our innovation economy. ments and to say: ing Chair announced that the noes ap- However you feel about global warm- John, in his remarks, wasn’t referring to peared to have it. ing, that is not the debate here today, the NYPD surveillance. Mr. HOLT. Mr. Chairman, I demand a though I look forward to engaging in Of course he was, but they had to say recorded vote. that in the future. he wasn’t because he had misspoken. The Acting CHAIR. Pursuant to This amendment addresses a duplica- Rather, he was stating that everyone clause 6 of rule XVIII, further pro- tive program that is not necessary and in the counterterrorism and law en- ceedings on the amendment offered by is costing the taxpayers money we sim- forcement community must make sure the gentleman from New Jersey will be ply don’t have. We need to prioritize that we are doing things consistent postponed. innovation and research and NSF, and with the law. AMENDMENT NO. 7 OFFERED BY MR. CRAVAACK eliminate duplicative education pro- In other words, Mr. Brennan was out Mr. CRAVAACK. Mr. Chairman, I grams that do nothing to improve the of bounds, and the White House had to have an amendment at the desk. economic outlook of our future. We walk that back. So I wouldn’t, if I were The Acting CHAIR. The Clerk will need to get back to the basics. you, choose his endorsement of these designate the amendment. I ask all of my colleagues to join me NYPD activities as the best argument The text of the amendment is as fol- in this commonsense amendment in against my amendment. lows: ending a duplicative program that is Mr. WOLF. In reclaiming my time, I At the end of the bill (before the short wasting taxpayer dollars and further do take Mr. Brennan at his word. I title), insert the following: indebting future generations.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2536 CONGRESSIONAL RECORD — HOUSE May 9, 2012 Mr. Chair, I yield back the balance of tleman from Minnesota (Mr. budget. Small communities simply my time. CRAVAACK). lack the resources to pursue investiga- Mr. FATTAH. Mr. Chairman, I move The question was taken; and the Act- tions on this scale. The sheriff told me to strike the requisite number of ing Chair announced that the ayes ap- he had exhausted his budget for the words. peared to have it. year on overtime just for this one case. The Acting CHAIR. The gentleman Mr. FATTAH. Mr. Chair, I demand a I did what I could to help scrape to- from Pennsylvania is recognized for 5 recorded vote. gether grants from other sources, but minutes. The Acting CHAIR. Pursuant to this program would have filled the gap. Mr. FATTAH. Mr. Chair, I oppose clause 6 of rule XVIII, further pro- By the way, the sheriff and almost ev- this amendment. ceedings on the amendment offered by eryone in Clay County is a Republican, Climate change is a big issue in the the gentleman from Minnesota will be but this is not about party. It’s about world we live in. It affects our econ- postponed. doing what is right. In an era when omy, our ability to move goods. We’ve AMENDMENT OFFERED BY MS. BROWN OF local government can barely afford the had the most severe weather season FLORIDA police they have, a major crime can we’ve had in history over the last 12 Ms. BROWN of Florida. Mr. Chair- wipe them out and leave the commu- months at a cost of a billion-plus dol- man, I have an amendment at the desk. nity more vulnerable. The basic pur- lars. Our ability to understand the The Acting CHAIR. The Clerk will re- pose of government is to protect the weather and the climate and its impact port the amendment. citizens. This amendment will make on business and industry and agri- The Clerk read as follows: sure police can do it without worrying culture is critically important. I think At the end of the bill (before the short about a crisis that will break their that the National Science Founda- title), insert the following: budget. tion—which is an entirely merit-based SEC. ll. The amount made available by Mr. WOLF. Will the gentlelady yield? system of scientific awards in which this Act For ‘‘Department of Justice—Office Ms. BROWN of Florida. I yield to the they fund less than one out of every of Justice Programs—State and Local Law gentleman from Virginia. five meritorious pieces of research pro- Enforcement Assistance’’ for emergency fed- Mr. WOLF. We have a little concern, posals. There is absolutely no politics. eral law enforcement assistance, as author- but we are going to accept the amend- The National Science Board, which is ized by section 609M the Justice Assistance ment with the idea we can work as we Act of 1984 (42 U.S.C. 10513; Public Law 98 473) confirmed by the Senate, reviews these go to conference. We will accept the proposals, they make selections. The is hereby increased by $20,000,000 and the amount otherwise provided by this Act for amendment. idea that we don’t want to know more PERIODIC CENSUSES AND PROGRAMS Mr. FATTAH. If the gentlewoman or learn more, I think is interesting. I AND STATISTICS is hereby reduced by will yield, I thank the chairman, and I would hope that the House would reject $20,000,000. thank the gentlelady from Florida. that, and that what we would do is Ms. BROWN of Florida. I ask unani- Ms. BROWN of Florida. With that, seek knowledge as a way to retain our mous consent to dispense with the Mr. Chairman, I yield back the balance global leadership as the leading Nation reading. of my time. in the world. The Acting CHAIR. Is there objection The Acting CHAIR (Mr. REED). The Mr. Chair, I yield back the balance of to the request of the gentlewoman question is on the amendment offered my time. from Florida? by the gentlewoman from Florida (Ms. Mr. YOUNG of Alaska. Mr. Chair- There was no objection. BROWN). man, I move to strike the last word. The Acting CHAIR. The gentlewoman The amendment was agreed to. The Acting CHAIR. The gentleman is is recognized for 5 minutes. recognized for 5 minutes. b 2110 Mr. YOUNG of Alaska. I yield to the Ms. BROWN of Florida. Mr. Chair- Mr. YOUNG of Alaska. Mr. Chair- gentleman from Minnesota. man and Members of the House, I’m man, I move to strike the last word. Mr. CRAVAACK. Mr. Chairman, re- very excited that finally we have an The Acting CHAIR. The gentleman is garding duplicative programs—again, amendment that I think everybody can recognized for 5 minutes. this is about duplicative programs. The support since everyone supports law Mr. YOUNG of Alaska. Mr. Chair- National Science Foundation already enforcement. man, in lieu of an amendment, I would funds STEM education and even cli- This amendment fully funds the like to take this time to engage the mate-change education programs in Emergency Federal Law Enforcement subcommittee chairman in a colloquy the Directorate for Education and Assistance Program in the amount of about the importance of our Nation’s Human Resources with worthy peer-re- $20 million. This program was designed fisheries management commissions. viewed proposals. to help local government respond to ex- Mr. Chairman, I rise today to express Total U.S. spending for the U.S. traordinary law enforcement emer- my support for funding our Nation’s Global Change Research program for 13 gencies after they have exhausted their fisheries management commissions and agencies is more than $2.5 billion, pri- own budgets. The Emergency Law En- the good work they do to help keep marily at NASA, NOAA, and NSF. NSF forcement Assistance Program author- more fish in our waters. NOAA’s Inter- spending for the U.S. Global Change izes the Attorney General to provide Jurisdictional Fisheries Act, IJFA, Research program is over $333 million. funds, equipment, training, intel- program supports the conservation and NSF spending for education is $1.2 bil- ligence, and personnel to alleviate the management of fish species which lion a year. Climate change education financial impact of unforeseeable emer- occur in both Federal and State can be addressed through NSF climate gency law enforcement situations. waters. Funding for this program is research activities and NSF education This program was authorized in 1984 used to support conservation and man- activities. There is no need to fund ad- but has not been funded since 1996. Had agement tasks not currently being un- ditional special climate-change edu- it been funded, this program would dertaken by NOAA or the Regional cation programs. have helped a community in my dis- Fishery Management Councils. Simi- This newer program under the Obama trict. In October of 2007, a 7-year-old larly, fisheries commissions on the At- administration is currently funded at girl, Somer Thompson, went missing lantic, Pacific, and gulf coast represent $10 million a year, $5.5 million from the on her way home from school. The Clay an important bottom-up stakeholder Education Directorate and $4.5 million County sheriff’s office followed garbage approach to managing our Nation’s from several research directorates as trucks and found Somer’s body in a many fisheries and often develop inno- identified. Again, this is a duplicative Georgia landfill 2 days later. Thanks to vative programs to enhance America’s program and a waste of the taxpayer this quick thinking, her killer was cap- fisheries resources. dollars. tured and will never harm another I yield to the gentleman from Vir- Mr. YOUNG of Alaska. Mr. Chair- child. ginia. man, I yield back the balance of my Investigations like this one cost a lot Mr. WOLF. I thank the gentleman time. of money. Overtime, lab tests, travel from Alaska. We will work with the The Acting CHAIR. The question is costs, and numerous unforeseen ex- other body to ensure that these pro- on the amendment offered by the gen- penses can blow even the most prudent grams are adequately funded.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2537 Mr. YOUNG of Alaska. Thank you, and Expenses’’ (and the amount provided ica,’’ is an agenda that would rebuild Mr. Chairman. under such heading for official reception and the American manufacturing sector, a In these tight budgetary times, hard representation expenses) by $45,000; sector that has lost about 40 percent of choices must be made, and we should (11) reducing the amount made available its jobs in the last 20, 25 years from under the heading ‘‘Department of Justice; ensure that we do our utmost to put Bureau of Alcohol, Tobacco, Firearms and just under 20 million to just over 11 funds back into productive programs Explosives; Salaries and Expenses’’ (and the million Americans who are working in that increase the sustainability of fish- amount provided under such heading for offi- manufacturing today. eries and benefit the States, and the cial reception and representation expenses) One of the innovative ways of im- IJFA and councils and commissions ac- by $18,000; proving manufacturing has been devel- counts are areas where current pro- (12) reducing the amount made available oped. It’s called the Manufacturing Ex- grams are producing proven results for under the heading ‘‘Department of Justice; tension Partnership. It’s actually mod- Federal Prison System; Salaries and Ex- eled after another Federal-State pro- fisheries’ sustainability. penses’’ (and the amount provided under I yield back the balance of my time. such heading for official reception and rep- gram that’s been in existence for more AMENDMENT OFFERED BY MR. GARAMENDI resentation expenses) by $2,700; than 100 years. Anyone that’s in agri- Mr. GARAMENDI. I have an amend- (13) reducing the amount made available culture would recognize the Agricul- ment at the desk. under the heading ‘‘Science; Office of tural Extension Program. This is the The Acting CHAIR. The Clerk will re- Science and Technology Policy’’ (and the Manufacturing Extension Partnership, port the amendment. amount provided under such heading for offi- a program that has actually added an- The Clerk read as follows: cial reception and representation expenses) other feature to the old and still very by $1,125; At the end of the bill (before the short successful Agricultural Extension Pro- (14) reducing the amount made available title) insert the following: gram, and that is a public-private part- under the heading ‘‘Science; National Aero- SEC. lll. The amounts otherwise pro- nautics and Space Administration; Cross nership. In this program, the Federal vided by this Act are revised by— Agency Support’’ (and the amount provided Government, through the National In- (1) reducing the amount made available under such heading for official reception and stitute of Standards and Technology, under the heading ‘‘Department of Com- representation expenses) by $31,709; runs a program in which funding is pro- merce; International Trade Administration; (15) reducing the amount made available Operations and Administration’’ (and the vided for local, private, or nonprofit or- under the heading ‘‘Science; National amount provided under such heading for offi- ganizations to become extension pro- Science Foundation; Agency Operations and cial representation expenses abroad) by gram managers. Award Management’’ (and the amount pro- $155,979; In California, this has been a very, vided under such heading for official recep- (2) reducing the amount made available very successful program. Some $447 tion and representation expenses) by $4,140; under the heading ‘‘Department of Com- (16) reducing the amount made available million in new retained sales have oc- merce; Bureau of Industry and Security; Op- under the heading ‘‘Science; Office of the Na- curred, $128.8 million in new invest- erations and Administration’’ (and the tional Science Board’’ (and the amount pro- ments, and some 3,769 jobs have been amount provided under such heading for offi- vided under such heading for official recep- created. cial representation expenses abroad), by tion and representation expenses) by $1,250; Some examples exist throughout $6,750; (17) reducing the amount made available (3) reducing the amount made available California. In southern California, a under the heading ‘‘Related Agencies; Equal under the heading ‘‘Department of Com- manufacturer, a small company that Employment Opportunity Commission’’ (and merce; U.S. Patent and Trademark Office; makes high-tech parts for the aircraft the amount provided under such heading for Salaries and Expenses’’ (and the amount pro- industry, has been able to improve official reception and representation ex- vided under such heading for official recep- their manufacturing techniques and penses) by $1,125; tion and representation expenses) by $450; (18) reducing the amount made available have been able to stay in business, and (4) reducing the amount made available under the heading ‘‘Related Agencies; Inter- they now have been very successful in under the heading ‘‘Department of Com- national Trade Commission; Salaries and Ex- bringing down contracts with the air- merce; National Institute of Standards and penses’’ (and the amount provided under craft industry. Technology; Scientific and Technical Re- such heading for official reception and rep- In the Bay Area, another program— search and Services’’ (and the amount pro- resentation expenses) by $1,125; vided under such heading for official recep- actually run out of San Ramon, near (19) reducing the amount made available tion and representation expenses) by $2,500; my district—has been very successful. under the heading ‘‘Related Agencies; Office (5) reducing the amount made available This program, called MANEX, has been of the United States Trade Representative; under the heading ‘‘Department of Com- very successful working with compa- Salaries and Expenses’’ (and the amount pro- merce; Departmental Management; Salaries nies in the area. Morgan Hill Precision, vided under such heading for official recep- and Expenses’’ (and the amount provided tion and representation expenses) by $58,032; to be precise, is a company that, again, under such heading for official reception and (20) reducing the amount made available is a machine shop. That company has representation) by $2,250; under the heading ‘‘Related Agencies; State used the MEP program, the Manufac- (6) reducing the amount made available Justice Institute; Salaries and Expenses’’ turing Extension Partnership, to good under the heading ‘‘Department of Justice; (and the amount provided under such head- Legal Activities; Salaries and Expenses, success. ing for official reception and representation General Legal Activities’’ (and the amount Now how do we pay for this? Some expenses) by $1,125; and made available under such heading to $437,000. We take a little bit from some (21) by increasing the amount made avail- INTERPOL Washington for official reception 20 different parts of the Department of able for ‘‘Department of Commerce; National and representation expenses) by $4,500; Commerce. The result is it’s working. Institute of Standards and Technology; In- (7) reducing the amount made available dustrial Technology Services’’ (and the We would like to keep it working at its under the heading ‘‘Department of Justice; amount provided under such heading for the full level, at last year’s level. The bill Legal Activities; Salaries and Expenses, Manufacturing Extension Partnership) by before us actually reduces it by 50 per- United States Attorneys’’ (and the amount $443,000. cent. So we’re adding $437,000 back by provided under such heading for official re- taking small amounts from some 20 dif- ception and representation expenses) by Mr. GARAMENDI (during the read- $3,600; ing). Mr. Chairman, I ask unanimous ferent programs. (8) reducing the amount made available consent to dispense with the reading. With that, I yield back the balance of under the heading ‘‘Department of Justice; The Acting CHAIR. Is there objection my time. United States Marshals Service; Salaries and to the request of the gentleman from Mr. WOLF. I move to strike the req- Expenses’’ (and the amount provided under California? uisite number of words. such heading for official reception and rep- There was no objection. The Acting CHAIR. The gentleman resentation expenses) by $3,000; The Acting CHAIR. The gentleman from Virginia is recognized for 5 min- (9) reducing the amount made available from California is recognized for 5 min- utes. under the heading ‘‘Department of Justice; utes. Mr. WOLF. I have no objection. I sup- Federal Bureau of Investigations; Salaries Mr. GARAMENDI. Mr. Chairman, day port the amendment. It’s appropriate and Expenses’’ (and the amount provided to reduce the Agency’s representation under such heading for official reception and after day, or at least week after week, representation expenses) by $98,640; my colleagues and I are here on the funds in this austere fiscal environ- (10) reducing the amount made available floor talking about jobs. It is about ment. Last year, the House and Senate under the heading ‘‘Department of Justice; jobs and jobs and jobs again. Our agen- conference committee on the bill re- Drug Enforcement Administration; Salaries da, which we call ‘‘Make It in Amer- duced every representation account in

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2538 CONGRESSIONAL RECORD — HOUSE May 9, 2012 the bill by 10 percent. So I think MEP Mr. DENHAM. Mr. Chair, the amend- projects to be completed for the salm- is a great program, and I support the ment that I’m offering is intended to on to even survive. So why would we, amendment. fortify the underlying appropriations year after year, take salmon off of I yield back the balance of my time. bill. Under the bill, the National Ma- other tributaries, move them to some- Mr. FATTAH. I move to strike the rine Fisheries Service and this amend- where they can’t survive at a huge ex- requisite number of words. ment seek to ensure that funding pense to taxpayers? The Acting CHAIR. The gentleman doesn’t have a detrimental impact on Mr. Chairman, it’s a commonsense from Pennsylvania is recognized for 5 my district. amendment to prevent taxpayer dollars minutes. This amendment was adopted on the from being wasted on killing an endan- Mr. FATTAH. I have no higher pri- floor by a voice vote last year and gered species. ority in the Commerce section of the added to the Energy and Water appro- I urge all of my colleagues to support bill than MEP. I have visited with priations bill. Further, it was also sup- this amendment, and I yield back the them in their meetings with local man- ported in H.R. 1837 earlier this year, balance of my time. ufacturers. I visited with them in Or- and you would have supported what Mr. WOLF. I move to strike the req- lando with over 1,000 manufactures this amendment will achieve. uisite number of words. from around the country. I know inti- The San Joaquin River Restoration The Acting CHAIR. The gentleman mately the work that they’re doing. Program continues to push forward on from Virginia is recognized for 5 min- The National Innovative Marketplace, an ill-advised path of wasting water utes. which the gentleman refers to, has out of the ocean under the guise of sav- Mr. WOLF. I have no objection to the been very helpful. ing salmon. Every year, the San Joa- amendment. I accept the amendment, This is the only program in the last quin River Restoration Program would and yield back the balance of my time. year that left the House at a higher require the reintroduction of salmon Mr. FATTAH. I move to strike the number than the Senate and left the into the San Joaquin River if this ill- last word. conference committee at a higher num- advised attempt to introduce the spe- The Acting CHAIR. The gentleman ber than the House or the Senate. So cies fails. from Pennsylvania is recognized for 5 you can tell it rose to its highest level b 2120 minutes. of funding at $128 million. This pro- Mr. FATTAH. I’m going to be brief. The problem is that the river is not gram started under Senator Hollings at This amendment seeks to intervene yet in a condition where the salmon $5 million. It’s very, very important. or prohibit a court-supervised settle- But not only would we accept this can survive. There’s still a number of different ment of an 18-year running litigation amendment—and I thank the chair- having to do with some very delicate man—but I think you have to look at problems and projects along the river that need to be completed, from a by- issues that he has I think articulated what we’ve done in this bill in total in around an endangered species of salm- terms of manufacturing because the pass to several fish screens, and even in one section of the river the administra- on. To do this at this hour of the night chairman has been focused on this. on this bill I think is not prudent. I’m Over $140 million in the National tion hasn’t even designated a channel from where the river will flow—and opposed to it, and I yield back the bal- Science Foundation with the Advanced will not for another 2 years. ance of my time. Manufacturing Initiative. We have Premature introduction of salmon in Mr. GARAMENDI. I move to strike money in this for the Advanced Manu- the river will only lead to their death the last word. facturing Technology Consortium. at a high cost to taxpayers and the The Acting CHAIR. The gentleman We, with the chairman’s leadership, local community. This amendment from California is recognized for 5 min- have an onshoring initiative funded at simply prohibits the premature re- utes. $5 million to help businesses think introduction of an endangered salmon Mr. GARAMENDI. For more than 20 through their cost-benefit analysis of species into an uninhabitable river. years, there’s the question of what to coming back home. And we actually Central Valley salmon runs are strug- do with the San Joaquin River, a river held a hearing, as the last hearing of gling to regain healthy numbers. This that was essentially dried out and a the subcommittee before we marked up amendment ensures that bureaucrats river in which the indigenous species— our bill, focused on manufacturing. I’ve don’t purposely reduce the numbers of salmon and other fish—were simply said there’s nothing more important to available salmon in other streams just nonexistent. That fight went on and on the country or to my caucus than this to plant them into the San Joaquin and on. And after 20 years of fighting matter. It’s not a partisan issue. Manu- system and further threaten and en- and litigation, a settlement was facturing, making things in America is danger current runs. reached—a settlement that called for of importance to our national security Agencies already possess the nec- the restoration of stream flows in the and is important to our economy. essary authority to make the right de- San Joaquin River so that the salmon I want to thank you for your leader- cision and delay the reintroduction of and other species in that river could be ship. And I also agree with the amend- salmon into a river that cannot sustain returned. This amendment simply ment. the life cycle of the salmon, but they overturns that. It was a Federal court I will yield back the balance of my continue to bend to an environmental order that approved the settlement—a time. settlement between the water users of The Acting CHAIR. The question is agenda. More time is needed to build the CVPIA and also the environmental on the amendment offered by the gen- the infrastructure required for the San groups. tleman from California (Mr. Joaquin River Restoration Program be- fore the river can sustain the salmon To do this amendment is simply GARAMENDI). The amendment was agreed to. run. going to once again reignite a major Finally, even the National Marine water war that is totally unnecessary. AMENDMENT NO. 26 OFFERED BY MR. DENHAM Certainly, it is going to be difficult to Mr. DENHAM. I have an amendment Fisheries Service has doubts about the restore the river, but it can be done at the desk. success of reintroduction. Contained The Acting CHAIR. The Clerk will within the final draft of their reintro- and it is going to take time and it is designate the amendment. duction strategies, the Service stated going to take money—and we should do The text of the amendment is as fol- the river would not support full-scale it. This is one of the two largest rivers lows: reintroduction of the salmon. And, fur- in the State of California. It’s a river At the end of the bill, before the short ther, the Department of the Interior that had in the past, before the res- title, insert the following: and the Department of Commerce ervoirs were built and before the river SEC. ll. None of the funds made available jointly stated that the completion of was dried up, an extraordinary run of by this Act may be used to implement sec- phase 1 of the restoration project was salmon. It will never be able to return tion 10011(b) of Public Law 111 11. needed before reintroduction of salmon to what it once was, but it can return The Acting CHAIR. The gentleman can be successful. to a viable river. from California is recognized for 5 min- This is a very commonsense amend- To take action at this hour of the utes. ment. The river needs several different night on an amendment that is going

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2539 to only be heard between half a dozen fice for United States Attorneys (including somewhere between 72 and 81 judges in of us here on the floor seems to me to the offices of United States attorneys), the L.A. by 2011. be quite wrong. We ought to oppose United States Marshals Service, or employ- The judiciary declared L.A. the num- this amendment. We ought not allow it ees of the Department of Justice, to carry ber one judicial space emergency in the out activities located at a newly constructed United States and proposed a massive, to be in the bill, and we ought to allow Federal courthouse located on a site between things to go forward. Broadway, Hill, First, and Second Streets in huge new courthouse. However, today I would remind those who are sup- Los Angeles, California. we know the primary justification for an L.A. courthouse was wrong. There porting this that this is going to be a The Acting CHAIR. The gentleman are fewer judges in L.A. today than major blowup in the U.S. Senate. I from California is recognized for 5 min- there were in 1997. Today we have two know we don’t much care about that, utes. buildings with 61 courtrooms and 59 but, nonetheless, Senator FEINSTEIN Mr. DENHAM. Mr. Chairman, this is judges. We have 61 courtrooms and has authored legislation to implement a very simple amendment. This simply only 59 judges, no courtroom sharing, this particular settlement. This just prevents the funds from being used unravels all of that. We ought not be being utilized less than 2 hours a day. to divert vital resources to an In that light, I have asked GSA to moving forward, and I therefore oppose unneeded Federal courthouse in Los the amendment. stop its plans to spend $400 million on Angeles. a courthouse in Los Angeles. GSA has I yield back the balance of my time. I have the distinct privilege of Mr. YOUNG of Alaska. I move to told me explicitly that they will con- chairing the Subcommittee on Eco- strike the last word. tinue with the project at whatever nomic Development, Public Buildings The Acting CHAIR. The gentleman is cost. After building a $400 million & Emergency Management. In that ca- recognized for 5 minutes. courthouse, we will have 85 court- Mr. YOUNG of Alaska. I yield to the pacity, I have oversight over the Fed- houses and 59 judges, 85 courtrooms gentleman from California. eral courts. and 59 judges. Mr. DENHAM. Thank you for yield- The last Congress, at the request of All of these judges—not only do we ing. this subcommittee, the GAO completed need less courtrooms, we don’t need to As my friend from California com- a review of the 33 courthouses con- build the one that we currently are pletely understands, we can’t reintro- structed between 2000 and 2010. What proposing to build. You could put all of duce salmon in an area that isn’t in- the GAO found was incredible. GSA has these judges in one courthouse, sell off habitable by salmon. It’s just not only built over 3.5 million square feet of the other courthouse, and never build a waste of money, but it’s going to kill courthouse space that we don’t need— the one that’s being proposed at $400 the endangered species. Why move at a cost of $800 million. As a result, million. them from one tributary where they the Judiciary abandoned existing We’ve seen this before at least seven are surviving to one where they can’t courthouses across the country and se- times in other cities where new court- survive? verely underutilizes every single new houses were built and the old ones sit Don’t take my word for it. Take the courthouse. vacant today, a burden to the taxpayer word of the National Marine Fisheries The GAO identified three reasons: and eyesores to the community. Service or the Department of the Inte- First of all, when GSA is not busy There’s a big courthouse in Miami, sit- rior or the Department of Commerce. taking vacations in Las Vegas, they ting vacant. One being redone in New Take the opinion of the Exchange Con- continue to build bigger courthouses York, vacant. And yet we want to tractors Water Authority, the San Luis than Congress authorizes. spend $400 million on something we & Delta Mendota. These are the locals The Acting CHAIR. The gentleman don’t need in Los Angeles. that live there. Why waste the money? will suspend. I personally toured the L.A. court- He knows the issue. So either he Would the gentleman clarify which house facilities and found there’s va- wants to kill the salmon at a huge ex- amendment he offered: Amendment No. cant space currently not being used in pense or he just wants to waste the 27 printed in the RECORD or the amend- both the Roybal building as well as the money. This does nothing to overturn ment at the desk? Spring Street building. GAO ran a cen- the settlement. All it merely says is b 2130 tralized sharing model for L.A. and let’s follow what was originally in- found that all the judges could fit in Mr. DENHAM. It is the new amend- the Roybal building alone. tended, wait until 2014 when the ment that is at the desk that corrects projects are complete, give the salmon This country has a $15 trillion debt, the printed amendment. and GSA continues to waste millions of a fighting chance to survive, and let’s The Acting CHAIR. That is the not waste a lot of money in the mean- dollars on projects that no one needs. amendment that was reported by the What we do need is to move everybody time. Clerk. Let’s not confuse the issue. He under- into the Roybal building, get rid of the The gentleman may proceed. stands this has passed the House by a vacant space, and sell off the other Mr. DENHAM. Thank you, Mr. Chair. courthouse. At a time like this, we voice vote. It has passed the House in a As I was saying, the GAO identified bill. And now, once again, after being should be utilizing the best use of tax- three different reasons: payer dollars. debated several times in committee, in GSA continues to build courthouses the light of day, with many amend- This is why I introduced the Civilian bigger than what Congress authorizes. Property Realignment Act, to get this ments, with many opportunities, with Congress authorizes one thing, but the American public watching, we’re out of the hands of the legislature, to then GSA goes out and builds not only make sure that we are actually selling going to pass it one more time. something completely different, but Mr. YOUNG of Alaska. I yield back off properties we don’t need. much bigger and at much greater ex- We’ve sold 82 properties over the last the balance of my time. pense. The Acting CHAIR. The question is decade, and we have 14,000 that are sit- Number two, we don’t have the on the amendment offered by the gen- ting on the vacant list. We can do a judges that were once proposed. much better job, but it starts right tleman from California (Mr. DENHAM). The amendment was agreed to. Third, judges don’t share courtrooms. here with the L.A. courthouse. Before These courtrooms get used about 2 we can sell off the things that we don’t AMENDMENT OFFERED BY MR. DENHAM hours a day, and we don’t have any Mr. DENHAM. Mr. Chair, I have an need, we ought to stop building the courtroom sharing across the Nation. amendment at the desk, amendment things that we don’t need. Sell off the We could be utilizing these court- No. 27. property. We can create jobs by letting The Acting CHAIR. The Clerk will re- houses quite a bit more than what they the private sector go there and build port the amendment. are today. As a result, we demanded something to get out of a lot of the The Clerk read as follows: that the judiciary conduct a real court- lease space that we have in the L.A. At the end of the bill (before the short room-sharing study so that a third area. title) insert the following: party can figure out how many judges I ask my colleagues to support my SEC. ll. None of the funds made available are needed. And over the last 11 years, amendment, and I yield back the bal- by this Act may be used by the Executive Of- the judiciary projected there would be ance of my time.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2540 CONGRESSIONAL RECORD — HOUSE May 9, 2012 Mr. FATTAH. Mr. Chairman, I move Construction of the Central District court- Only two courtrooms have usable adjacent to strike the requisite number of house will address long standing safety and prisoner holding cells. As a result, in-cus- words. security issues in the current facility in addition tody defendants sitting in the courtroom The Acting CHAIR. The gentleman galley across from potential victims and to bringing much needed jobs to the Los An- prisoner family. from Pennsylvania is recognized for 5 geles area. The courtroom doors leading to judicial minutes. I urge my colleagues to oppose this point- chambers cannot be secured due to the age of Mr. FATTAH. As best as I could de- less amendment. the doors’ hardware and design, which can- termine, this prohibits the spending of U.S. DEPARTMENT OF JUSTICE, not be altered due to the building’s historic funds; no funds would be expended UNITED STATES MARSHALS SERVICE, status. under this fiscal year. So I know that Los Angeles, CA, Nov. 2, 2011. All prisoner movement is done through Memorandum To: Audrey B. Collins, Chief public hallways, creating unnecessary haz- the gentleman is quite energized about ards for USMS personnel, court employees this, but I think it is better handled in District Judge. From: David M. Singer, United States Mar- and the public. the authorizing committees since he The routes from courtrooms back to the shal. USMS cellblock require the use of the public has legislation, and that hopefully will Subject: Security Issues at 312 N. Spring corridors providing the potential for inappro- one day get passed and signed into law Street. to deal with this. priate verbal contact with witnesses, jurors, You have asked me to describe the phys- family members, etc. If the Congress could manage build- ical security deficiencies of the 312 North The prisoner elevator is out of service at ings and deal with the utilization, you Spring Street Courthouse. We can provide least once a week due to the age of the eleva- know, the Capitol Visitor Center, I you with photographs depicting many of tor. Prisoners must be escorted using the mean, we can go through a whole laun- these deficiencies, if needed. public elevators, walking through the main dry list of our own. We spend a lot of The United States Courthouse located at lobby. 312 North Spring Street, Los Angeles CA, was time criticizing other agencies—the There is no secure circulation for judges. built from 1937 to 1940. The age of this build- The elevator utilized by judges opens to the GSA for conferences. You should look ing and design has presented various same public lobbies used to transport pris- at what we spend. I mean, you could go logistical problems for The United States oners. through it. We could point fingers for- Marshals Service (USMS) in regards to Pris- Of the 29 courtrooms in the building, only ever. oner Operations, Court Operations, and Gen- 12 are accessible using a tunnel system I would rather see, rather than curse eral Courthouse Security. which originates in the USMS cellblock. the darkness, that we light a candle. LAW ENFORCEMENT GUN STORAGE LOCKERS The tunnel access uses a combination of steep stairs and narrow, winding hallways We’re trying to finish an appropria- In the Central District of California cer- tain law enforcement agencies are not au- with restricted head room in various areas. tions bill. I’m in opposition of this The hallways have numerous blind spots thorized to remain armed after passing the amendment because it prohibits the from camera coverage, and an elevator that USMS security screening sites. Because of is usually not operational. For this reason use of funds spent on employees in a this rule, there is a need for an area to se- the tunnel system is not regularly used. courthouse that won’t have any em- cure the officers’ and agents’ firearms. The ployees this year. If the tunnel access is used, prisoners must only USMS space available out of public still be escorted through the rear secured ju- I yield back the balance of my time. view for the firearms locker, within close dicial hallway that connects courtrooms and Ms. ROYBAL-ALLARD. Mr. Chair, I rise in proximity to the screening site, is also the judicial chambers. entrance for attorneys to speak with in-cus- strong opposition to the Denham amendment. PHYSICAL SECURITY ISSUES tody defendants. The officers and agents The building his amendment targets does not The screening stations located at the Main exist. That’s right; the building he wants to must remove their firearms in plain view of visiting attorneys and prisoners, showing Street entrance, the Spring Street entrance, and the Spring Street loading dock were prohibit federal agencies from occupying next where firearms are carried on their person. year in fiscal year 2013 doesn’t exist. never designed to accommodate current up- JUDGE’S UNDERGROUND PARKING AT THE MAIN The Central District of California courthouse graded security and the large crowds who STREET ENTRANCE which is scheduled for construction in the near visit the courthouse on a daily basis. Despite Prisoners transported for court appear- the additional concerns and potential future is sorely needed to meet serious safety ances at the courthouse must be offloaded in threats posed by high threat criminal court and security deficiencies at the current court- the Judges’ Main Street parking garage, in cases and increased violence in society, we house built in 1940. I am submitting for the plain view of judicial vehicles, license plates, are not able to redesign these security sites record a memo from the U.S. Marshals Serv- make-model-color of judicial vehicles, and at due to the historic nature of the building, ice which details these concerns. It tells of times while Judges are walking to or from and the limited space available. criminal defendants being escorted through their vehicle. The ground floor windows around the To reach the USMS cellblock, the prisoner hallways and in elevators with judges, jurors courthouse are continuously a target for must walk up the same ramp and pass the vandalism due to the increasing population and the general public. It talks about the phys- same doors as the Judiciary. It is not uncom- of homeless people, as well as anti-govern- ical limitations of the aging building to meet mon to encounter Judges or court staff while ment protests occurring daily at surrounding the security challenges of the post 911 world. prisoners are approaching the cellblock area. local and state government buildings. The These issues, along with a shortage of space There is always the potential for prisoners windows’ general make-up is inconsistent and concerns for the seismic stability of the to attempt escape or be assisted by an out- around the building, with some windows building, have prompted the Judicial Con- side threat because the Main Street garage being bullet resistant, some with a protec- ference to list the project as its number one gate entrance opens directly onto the public tive mylar film, and some with just solar sidewalk and a heavily trafficked entry tinting film. The historic status of the build- priority since 2003. route to the freeways. ing makes it difficult, if not impossible, to The courthouse has been reviewed by OMB MOVEMENT OF PRISONERS install bullet resistant glass in all first floor and GSA and approved in both Republican The hallway that serves the USMS cell- windows. Three ground floor windows have and Democratic administrations. For example, block, as well as the only prisoner elevator, been broken by vandals in the past year President George W. Bush requested funding is also the only way for Judges to get to alone. for the courthouse in two of his annual budget their vehicles. The courthouse lacks available handicap requests to Congress and the House Trans- The area to wait for the prisoner elevator access on the Main Street entrance, the most heavily used access. The courthouse thus portation & Infrastructure Committee and the is a highly traveled common area for various agencies and contractors in the building. The must have two entrances, Main Street and Senate Environment and Public Works Com- Spring Street, which requires staffing by six mittee authorized it with bipartisan support. court’s procurement office is located off this hallway, and court staff, delivery personnel, court security officers (CSOs) rather than Furthermore it is important to note that this not and contractors constitute daily traffic. just one entry where we can put less CSOs, new money. The House Appropriations Com- The prisoner elevator does not connect di- concentrating staffing more effectively at a mittee provided funding for this Central District rectly to any of the courtrooms in the court- single controlled entry point. Courthouse several years ago. This project house; instead, USMS staff must escort the HIGH THREAT TRIALS has enjoyed bipartisan support from the Los prisoner through the public hallway, passing The Spring Street Courthouse is an unsafe Angeles County congressional delegation. potential victims, prisoner family members, physical facility for the transport of even witnesses, jurors, and other prisoners in pro- one prisoner. Here are examples of some of For the RECORD, I am also submitting a let- tective custody. the high threat, multi-defendant trials held ter signed by both of our U.S. Senators and While walking to courtrooms located at in downtown Los Angeles. They provide a 17 members of the California House delega- the other end of the building, USMS staff vivid picture of the type of defendant, de- tion urging the General Services Administra- must pass various entrance doors to judicial fendant families, witnesses, and victims in- tion to move forward on the project. chambers. volved in federal criminal proceedings held

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in the Spring Street and Roybal court facili- CONGRESS OF THE UNITED STATES, At the end of the bill (before the short ties. Washington, DC, October 28, 2011. title), add the following: 1. U.S. v. Orozco et al. The indictment Hon. MARTHA N. JOHNSON, LIMITATION ON FUNDS FOR SELECTUSA names 53 defendants who are all members or Administrator, General Services Administration, INITIATIVE Washington, DC. associates of the 38th Street gang, and SEC. ll. None of the funds made available DEAR ADMINISTRATOR JOHNSON: We write to charges them with RICO, VICAR, drug traf- in this Act may used to carry out the urge the General Services Administration ficking/possession, firearms trafficking/pos- SelectUSA initiative. (GSA) to proceed immediately with con- session, and conspiracy to tamper with wit- The Acting CHAIR. The gentleman nesses. struction of a new federal courthouse for the United States District Court, Central Dis- from Arizona is recognized for 5 min- 2. U.S. v. Santiago Rios, et al. The indict- trict of California in Los Angeles. Congress utes. ment charges 51 defendants who are all mem- first authorized site, design and acquisition bers and associates of the Azusa 13 criminal Mr. FLAKE. Mr. Chairman, this in 2000 and the project was declared a space street gang or validated members and associ- amendment would prohibit funding for emergency by the Judicial Conference of the ates of the Mexican Mafia. The charges are President Obama’s SelectUSA Initia- United States in 2003 and has been the Judi- RICO conspiracy, civil rights violations, tive. It’s a program that would other- ciary’s top building priority since that time. weapons and narcotics offenses. It has been delayed too long. wise receive just over $6 million in this 3. U.S. v. Darbinyan. The case involved 70 Located in one of the busiest metropolitan bill. defendants who were members or associates areas in the nation, the Los Angeles court Now, if you’ve never heard of of the Armenian Power Criminal Enterprise. handles a high percentage of complex crimi- SelectUSA, you’re not alone. Virtually Approximately 15 of the defendants would be nal cases related to drugs, murder, mafia, nobody has heard of it outside of the categorized as very dangerous based on their and terrorism. A request to create new per- committee and those who are funding criminal histories and/or criminal conduct manent judgeships for the district, many of during the investigation. it. which will be placed in Los Angeles, is cur- Last June, President Obama issued 4. U.S. V. Ron Hirsch. This is the syna- rently pending before Congress to handle the gogue bomber case. The defendant is charged court’s pressing caseload. Moreover, addi- an Executive order to establish with attempting to blow up a synagogue tional growth is expected in the near future SelectUSA. It was called the first-ever with a large pipe bomb. This case received when several active judges in existing judge- Federal effort to attract, retain, and considerable national media coverage. ships assume senior status and their replace- expand business investment in the 5. U.S. V. Oscar Juarez, et al. The indict- ments come on board. The two buildings that United States. ment charges 5 defendants, two of whom are currently house the court already suffer It seems to me that whenever a new Clanton 14 gang members, with Hobbs Act from critical security and operational defi- Federal program is touted as the first Robbery, 924(c), and Conspiracy to Distribute ciencies that will only be exacerbated as the of its kind, it’s usually a pretty good Cocaine charges. court grows. Congress approved the funding for GSA to indication that it’s completely unnec- 6. U.S. V. Edwin Mauricio Palacios. A 1326 construct the new courthouse in fiscal years essary. This is no exception to the rule. case involving an MS 13 gang member whose 2004 and 2005, but escalating construction A quick read of the vague ways in criminal convictions included a 1995 convic- costs at the time caused the project budget which SelectUSA says it serves the tion for second degree robbery, 2008 convic- to exceed the appropriation. With no addi- firms and economic development orga- tion for terrorist threats, and two arrests for tional funding available to build the project participating in a prison riot. nizations certainly proves that—pro- as planned, congressional committees di- moting the benefits of investing in the 7. U.S. v. Raul Mercado Mercado. This is a rected the court and GSA to work together U.S.A., responding to inquiries about 1326 case involving a Sangra gang member and agree on a building that could be built with a prior 1996 conviction for voluntary within the funds appropriated. It is our un- the U.S. business climate, helping in- manslaughter and robbery. derstanding that GSA and the court have vestors confused by regulatory proc- 8. Operation Silent Night. There were ap- now reached agreement on a proposal that esses, offering guidance—these are proximately 30 defendants arrested. Extra will do just that. We hope, therefore, that hardly the responsibilities of the Fed- manpower was needed at all times for move- GSA will proceed with the process of award- eral Government. ment due to the high security risks. The de- ing a contract to build the new courthouse. In reality, it seems that the tax- fendants are charged with numerous homi- In closing, we want to stress again the crit- payers are buying little more than a cides, including the murder of a Burbank Po- ical need of the Los Angeles community to Web site pitching the benefits of U.S. have safe, functional and efficient facilities lice Officer. They are also charged with nar- subsidiaries to foreign companies. It cotics trafficking, extortion, and racket- in which to litigate cases and redress griev- eering. This is a capital offense case. ances. The new courthouse that is currently includes 10 pages of links to Federal 9. Twenty defendants in another case are planned will allow them to do so. Building subsidized programs like Grants.gov, all gang members of the East Side Wilmas, the courthouse, moreover, will create thou- AARP-E, and the Department of En- and were charged with murder, as well as sands of construction and related jobs, which ergy Loan Guarantee Program. That conspiracy. They are also charged with dis- are sorely needed in an area where unem- was the program responsible for tribution of illegal narcotics. ployment exceeds 12% and a large percentage Solyndra. Only the Federal Govern- of the unemployed are in the construction ment could find a way to waste tax- TERRORISM CASE industry. We commend GSA and the court for developing a new courthouse plan that payer dollars promoting the waste of 10. U.S. v. Mihalik. The indictment re- taxpayer dollars. turned August 30, 2011 charges one defendant can accommodate the needs of the Los Ange- with making a false statement in a terrorism les community within the funds that have Figuring out what SelectUSA does is matter. been appropriated for this project and we ask one thing; deciphering its actual ac- you to move ahead without delay. complishments is downright impos- MULTI-DEFENDANT COURTROOM IN ROYBAL Sincerely, sible. The Web site includes The availability of this courtroom assists Dianne Feinstein, Barbara Boxer, Lucille testimonials from companies like the USMS and judges in the Spring Street Roybal-Allard, Grace F. Napolitano, Rolls-Royce and Ikea, of plans to in- courthouse who need to be conducting high Henry A. Waxman, Judy Shu, Howard L. Berman, Lois Capps, John vest and develop in the U.S. These threat, multi-defendant trials as it was built companies already do. This SelectUSA out specifically for such proceedings. Use of Garamendi, Doris O. Matsui, Xavier the courtroom requires the USMS to provide Becerra, Laura Richardson, Loretta isn’t helping them any more than it is security transportation from Spring Street, Sanchez, Barbara Lee, Bob Filner, helping anyone else. All the announce- where the judge has parking, to Roybal, two Adam B. Schiff, Janice Hahn, Linda T. ments are dated between 2006 and 2010, blocks away from chambers. Sa´ nchez, Karen Bass. long before this program was even es- On a regular basis, however, there are far The Acting CHAIR. The question is tablished. So these companies are tout- too many criminal proceedings for the 21 dis- on the amendment offered by the gen- ing the benefits of a program that trict judges to hold their criminal calendars tleman from California (Mr. DENHAM). wasn’t even established yet; how do all in this one courtroom. In 2011, for exam- The amendment was agreed to. they know? ple, 1,685 defendants had proceedings in AMENDMENT OFFERED BY MR. FLAKE Hours of research by our staff uncov- downtown Los Angeles, or 48 criminal cases ered only one investment that’s even per judge. Virtually all judges hold criminal Mr. FLAKE. I have an amendment at calendar on Mondays making use of the Roy- the desk labeled as Flake No. 2. tied to SelectUSA, and those claims bal multi-defendant courtroom unavailable The Acting CHAIR. The Clerk will re- are very dubious. There’s a company to more than one judge at a time. Roybal port the amendment. that’s called AGS, and the President judges also use the courtroom. The Clerk read as follows: has touted this in his program as being

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2542 CONGRESSIONAL RECORD — HOUSE May 9, 2012 responsible for luring AGS to the U.S. millions of jobs over the last few No later than November 30, 2013, the Sec- It’s mentioned in conjunction with the months of the last administration. retary shall report on the location and type Michigan Economic Development Cor- So now they have a Commerce De- of assistance provided, the State to which partment that says we’re willing to firms sought to relocate and why, as well as poration and other local agencies, and the number of foreign firms that actually de- it recently elected to invest more than build on the efforts to have companies cided to locate in the United States as a re- $20 million in new U.S. manufacturing around the world select the United sult of the SelectUSA process. capabilities. SelectUSA, described as States as a place where they want to I would submit that if we didn’t an Obama-launched program, is said to set up manufacturing plants stretched know this by now, why in the world are have facilitated coordination between throughout much of our country now. we giving them 6.125 million more dol- AGS and local officials. But if you look The President visited the Rolls Royce lars? We’re running a deficit of $1.3 at AGS, AGS has been in this country plant in Virginia. In Alabama, you trillion, and we’re frittering away for more than 40 years, just under a dif- have BMWs being built. All through- money like this when we don’t even ferent name. It was called A.G. Simp- out, you see companies that see the know what they’re doing. son Automotive. It’s been in business, United States as a place that has a Mr. FATTAH. Will the gentleman as I said, with General Motors and world-class workforce, the kind of yield? Ford for more than 40 years. That com- transparency, the rule of law, the abil- Mr. BROUN of Georgia. I yield to the pany has been a manufacturing pres- ity to do transactions and have them gentleman from Pennsylvania. ence in the U.S. since it opened a protected in a court system that func- Mr. FATTAH. The gentleman from Michigan plant in 1991. Another plant tions, to attract foreign investment Georgia, I thank you. And we’ll be to- was opened in Louisiana in 2003. This here. gether tomorrow morning at the pray- hardly sounds like a company that So what the Commerce Department er service—8 a.m. needed SelectUSA to help it discover has done, which is not unlike other ad- Mr. BROUN of Georgia. I’m looking the benefits of investing in the U.S. ministrations, they take in a group of forward to that. these activities and they’ve rebranded Mr. FATTAH. But let me say this: b 2140 them under SelectUSA because it’s Georgia has benefited from this effort, There is simply no record of this in- catchy, it’s got a phrase to it. But and Arizona has benefited, Pennsyl- vestment outside of the administration these are activities that have been con- vania has benefited. The report lan- press release and the Commerce De- ducted by other administrations and guage you see is just the work of the partment blog post—not from AGS, not will be conducted by future administra- committee to ensure oversight for the from the Michigan Economic Develop- tions because we want businesses to see funds that are now being provided, for ment Corporation, not even from the United States as the place to lo- a report on those funds and what SelectUSA. Only an administration cate—even in States like Arizona, to States benefit so that when we have press release touts the involvement of locate and put people to work and some other gentleman on the floor SelectUSA. make products. wanting to cut this program years Most telling of all, the 2013 Com- So to come to the floor and say, well, forth from now, that we’ll have an op- merce Department budget justification this $6 million is wasted—no. This is a portunity to be able to specify, as I’ve to Congress—which requested $12 mil- small investment that leads to billions done, the great work that this program lion and 20 additional full-time em- of dollars in salaries, hundreds of mil- is doing. ployees—doesn’t even include a word lions in tax ratables for our country. I thank the gentleman for yielding. Mr. FLAKE. Let me simply say that about the AGS investment. So what We want to be open for business. This when we don’t know what they’re doing does SelectUSA even do? Well, I think is a new day. It’s a new administration. and the only justification comes from the committee isn’t even sure what They have been creating jobs. I guess the administration that a company SelectUSA does because the report lan- that some want to wish back the old called AGS, that has already been in- guage in this bill asks SelectUSA to crowd that were losing jobs, but I vesting in this country for more than justify what it does and explain what it think we should follow in the right di- does because apparently nobody even 40 years, that needs no help in deciding rection here. or having a matchmaker pair them knows. Yet we took the request from I disagree with the gentleman. I hope with U.S. firms—in fact, this is a Cana- the administration of $12 million and that we vote down this amendment, dian firm investing in the U.S. They simply cut it in half and gave them and that we support the activities of half of what they requested. actually received trade adjustment as- our Commerce Department to continue sistance during a downturn when em- Why in the world are we doing this? to build this economy. At what point are we going to say we ployees were laid off from a Canadian I yield back the balance of my time. company in the U.S. I would submit can’t afford to throw money away like Mr. BROUN of Georgia. Mr. Chair- that if a company knows how to milk this? Congress didn’t even create this man, I move to strike the last word. the U.S. taxpayer for that, a foreign program. It was just the administra- The Acting CHAIR. The gentleman is company, they know how to invest tion who thought it up and now is try- recognized for 5 minutes. here. They know it pretty well. We’ve ing to justify it. Mr. BROUN of Georgia. Thank you, advertised it. In fact, what this Web I yield back the balance of my time. Mr. Chairman. site of this SelectUSA does is tell them Mr. FATTAH. Mr. Chairman, I move I yield to my friend from Arizona. the benefits they can receive if they’re to strike the last word. Mr. FLAKE. I thank the gentleman The Acting CHAIR. The gentleman here—often subsidies like this. for yielding. So I would just submit, Mr. Chair- from Pennsylvania is recognized for 5 I would simply submit that when the man, we’ve got to start somewhere, minutes. committee has to ask in report lan- and this ought to be it. I can’t stress Hopefully, this will be the last time guage, please justify and tell us what enough how we’ve got to start cutting when I have to oppose my good friend you’re doing, it’s a pretty good indica- some spending. This is a great place to on the floor of the House. tion that we don’t know and that the start. Let me just try to put this in some program is frivolous and we’re wasting With that, I urge adoption of the perspective. This is an administration money with it. amendment and thank the gentleman. that, in the last 26 months, 4.25 million So, right here, SelectUSA, let me Mr. BROUN of Georgia. I yield back new private sector jobs. In ‘09, $70 bil- read from the committee report: ‘‘The the balance of my time. lion in loans to small businesses. An committee recommends $6.125 million The Acting CHAIR. The question is administration that’s well on its way for SelectUSA initiative, which is on the amendment offered by the gen- to more than doubling the number of $3.425 million more than the fiscal year tleman from Arizona (Mr. FLAKE). exports. We have seen a very signifi- 2012 level and $6.125 million less than The question was taken; and the Act- cant turnaround from the administra- the request’’—like I said, simply cut ing Chair announced that the ayes ap- tion that left a couple of years ago, the request in half. ‘‘The ITA redi- peared to have it. walking out the door while we were rected $2.7 million in FY 2012’’—on and Mr. FATTAH. Mr. Chairman, I de- losing 700,000 jobs a month, and we lost on and on. It says: mand a recorded vote.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2543 The Acting CHAIR. Pursuant to Think about it. Three out of the four of populations around the world, how clause 6 of rule XVIII, further pro- of the grants awarded by the NSF Po- political parties operate in the former ceedings on the amendment offered by litical Science Program go to the Soviet Union, all of the other issues the gentleman from Arizona will be wealthiest universities in the country. that are being studied. postponed. Would those who would oppose this I can see that you could probably AMENDMENT OFFERED BY MR. FLAKE amendment have believed that Harvard bring a list of studies in front of the Mr. FLAKE. Mr. Chairman, I have an and Yale would have to close their po- Congress from the National Science amendment at the desk, designated as litical science departments if Federal Foundation and get a laugh on any No. 3. grants are not available for this pro- day. But these studies are important. The Acting CHAIR. The Clerk will re- gram? Of course not. These universities They’re merit based. They’re decided port the amendment. and the field of political science will be on merit only. The Clerk read as follows: just fine. The fact that some of the best funded Page 101, after line 10, insert the following However, my greatest concern is not universities win has to do, in part, with new section: who received these funds, but how they the fact that they’re able to have very SEC. 542. None of the funds made available are spent. Every dollar Congress spends good faculty who put together very by this Act may be used to carry out the is money we don’t have, as I men- good research projects, and they pro- functions of the Political Science Program tioned. vide our country and our society a in the Division of Social and Economic Sciences of the Directorate for Social, Be- So what kind of research is NSF great deal of intellectual benefit. havioral, and Economic Sciences of the Na- charging to our credit card? $700,000 to Now, there’s some advantage, I guess, tional Science Foundation. develop a new model for international politically to appear to be anti-intel- The Acting CHAIR. The gentleman climate change analysis; $600,000 to try lectual, to have some desire to know from Arizona is recognized for 5 min- to figure out if policymakers actually little or less about what’s going on in utes. do what citizens want them to do. the world about us. But it is not wor- Mr. FLAKE. Mr. Chairman, this Let me say that again: $600,000 here thy of a great Nation. amendment would prohibit the Na- spent trying to figure out if policy- Now, Singapore has 4.8 million peo- tional Science Foundation from using makers actually do what citizens want ple. They put $7 billion in the National taxpayer dollars to fund political them to do. I think we can answer that Science Foundation. We put $7 billion, science research. question in about 5 minutes when we and we spend our time tonight debat- To be clear, my amendment does not vote on this amendment because I can ing whether we want to cut some reduce funding for the NSF. Earlier in tell you, people out there want us to money, trying to understand how their consideration of this bill, I offered an quit funding projects like this. political system got to the point of un- amendment that would reduce NSF $301,000 to study gender and political derstanding that even in a very small funding. This amendment is simply ori- ambition among high school and col- country, it was critically important for ented toward ensuring, at the least, lege students; $200,000 to study to de- them to become indispensable in terms that the NSF does not waste taxpayer termine why political candidates make of having a thirst for knowledge. dollars on a meritless program. vague statements. $200,000 to study I would hope that this House would why political candidates make vague reject this amendment. b 2150 statements. That’s what we’re paying I yield back the balance of my time. The Nation is closing in on a $16 tril- for here. Mr. BROUN of Georgia. I move to lion debt; deficit, more than $1.3 tril- These studies might satisfy the curi- strike the last word. lion. Nearly 40 cents of every dollar we osities of a few academics, but I seri- The Acting CHAIR. The gentleman is spend is borrowed. Congress can either ously doubt society will benefit from recognized for 5 minutes. continue funding unnecessary pro- them. How can we justify this out- Mr. BROUN of Georgia. I yield to my grams like someone is printing cash in come? good friend from Arizona. the basement, or we can face facts that Now, I hold a graduate degree in po- Mr. FLAKE. I thank the gentleman there simply isn’t enough money to go litical science myself. I agree that such for yielding. Let me just say, and I around. research has its benefits. The work of won’t take all the time, but there is Now, I stand here today and I’ll de- political scientists advances the something to the ‘‘laugh factor.’’ At fend responsible Federal spending on knowledge and understanding of citi- some point we’ve got to realize here matters of Federal responsibility. zenship and government, politics, and that the country’s watching us, and Among other things, Congress ought to this shouldn’t be minimized. But they they’re looking to see if we’re funding ensure funding for strong national de- shouldn’t be subsidized by the National programs like $600,000 to try to figure fense, a secure border. Science Foundation. out if policymakers actually do what There are things, however, given the We can’t continue to spend money citizens want them to do? $200,000 to economic realities, that Congress like this. I urge adoption of the amend- study why political candidates make ought to reconsider funding on the ment and yield back the balance of my vague statements? back of future generations. Just re- time. We’re funding this with taxpayer dol- member, every dollar we’re spending in Mr. FATTAH. I move to strike the lars. The acid test ought to be for all of discretionary spending this year, we last word. us, whenever we’re spending money are borrowing from our kids and our The Acting CHAIR. The gentleman here, is this program worth borrowing grandkids. from Pennsylvania is recognized for 5 money from our kids and our Let me simply say I can think of few minutes. grandkids, from some countries, that finer examples to cut than the Na- Mr. FATTAH. So hope springs eter- don’t like us very much who are buying tional Science Foundation’s Political nal, but here I am again opposing my our bonds? Science Program. According to the friend’s amendment. And this doesn’t pass that test. It NSF Web site, to date, more than $80 Let me say, this program has been doesn’t even come close. And if we sim- million has been awarded to the pro- around for over 30 years, and a lot of ply say this is a big NSF budget and gram’s nearly 200 active projects. political change has swept across the this is a very small part of this, this Three-quarters of these awards, total- world from the time that this program program, if we continue to say that, ing over $46 million, were directed to started. we’ll never cut it, and that’s the prob- universities with endowments greater I think that it may appear to be cost- lem here. We aren’t. than $1 billion. ly, $11 million out of a $7 billion fund- The NSF funding, overall, is way up Again, three-quarters of these awards ing for the National Science Founda- from the post-stimulus level. We said under this program for political tion, but I think that however expen- at the time that the stimulus was science research, totaling over $46 mil- sive an education may be, ignorance passed that that’s just a one-time deal, lion, were directed to universities that will probably cost our country more. and these rates will come down, or have endowments greater than $1 bil- It is important that we understand these programs will come down. They lion. the political dynamics, radicalization haven’t. We’re continuing to fund

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2544 CONGRESSIONAL RECORD — HOUSE May 9, 2012 them. And programs like this, the dence that it made accommodations what message are we sending—that country just looks around and says, for Spanish-speaking voters long ago. these States that want to make it very this is laughable. Look at what our On the other side of the country, South difficult for people to vote are showing policymakers are doing. Carolina is challenging the Depart- how democracy ought to be practiced Again, I would say that we will find ment of Justice’s decision to overturn around the world? out the question, the $600,000 question, its voter identification law. Mr. BROUN of Georgia. Will the gen- as to whether or not policymakers ac- Mr. Chairman, as Americans, we tleman yield? tually do what citizens want them to pride ourselves in our electoral system, Mr. FARR. No, I will not yield to the do, by how we vote on this amendment but the integrity of our elections is gentleman. right now. called into question when this outdated I think these and a lot of other Mr. BROUN of Georgia. Mr. Chair- law bars States from ensuring those amendments warrant some serious de- man, I yield back the balance of my who come to the polls to vote are eligi- bate in Congress, but certainly not on time. ble to do so. this bill and not at this time—10 The Acting CHAIR. The question is I should note that I’m not the only o’clock at night, in an election year, on on the amendment offered by the gen- one who believes that section 5 is an a Voting Rights Act bill that deals tleman from Arizona (Mr. FLAKE). antiquated provision. Earlier this very with the basic fundamental rights of The question was taken; and the Act- year, the U.S. Supreme Court re- individuals being able to have access to ing Chair announced that the ayes ap- affirmed its concern about what they the ballot. No, sir. This amendment is peared to have it. stated: serious constitutional questions inappropriate at this time, and it Mr. FATTAH. I demand a recorded raised by section 5’s intrusion into ought to be voted down. I yield back the balance of my time. State sovereignty. vote. Mr. HUELSKAMP. I move to strike Mr. Chairman, we are supposed to be The Acting CHAIR. Pursuant to the last word. clause 6 of rule XVIII, further pro- treated equal under the law. This sec- The Acting CHAIR. The gentleman ceedings on the amendment offered by tion of Federal statute treats some from Kansas is recognized for 5 min- the gentleman from Arizona will be States more equal than other States. utes. postponed. There are States being discriminated Mr. HUELSKAMP. I yield to my col- AMENDMENT OFFERED BY MR. BROUN OF against. My home State of Georgia is league from Georgia. GEORGIA one of those. It’s time for us to go to Mr. BROUN of Georgia. I thank my Mr. BROUN of Georgia. Mr. Chair- what the Constitution says is the way friend. man, I have an amendment at the desk. we should all be treated: equal under I would like to remind my good The Acting CHAIR. The Clerk will re- the law. It’s long past time to put this friend from California that Georgia’s port the amendment. provision to rest. I urge the support of voter identification law has been The Clerk read as follows: my amendment. upheld by the courts. The provision of At the end of the bill (before the short I yield back the balance of my time. voter identification is simply to ensure title) insert the following: Mr. FARR. Mr. Chairman, I move to integrity at the polls: that the people SEC. lll. None of the funds made avail- strike the last word. who are voting are the people who are able by this Act may be used to carry out or The Acting CHAIR. The gentleman supposed to be voting. enforce section 5 of the Voting Rights Act of from California is recognized for 5 min- We have all heard and have joked 1965 (42 U.S.C. 1973c). utes. about the saying in Chicago about The Acting CHAIR. The gentleman Mr. FARR. I rise in strong opposition ‘‘vote early and vote often.’’ The only from Georgia is recognized for 5 min- to this amendment. way we can ensure the integrity of the utes. First of all, this is an appropriations vote, the only way we can ensure that Mr. BROUN of Georgia. Mr. Chair- bill. We’re supposed to be discussing people who are voting are those who man, my amendment would simply pro- how we appropriate money to the Jus- are supposed to be voting, is by having hibit any funds in this underlying bill tice Department, Commerce Depart- some identification. That’s simply from being used to carry out or enforce ment, and State Department. People what this is all about. It’s not to pro- section 5 of the Voting Rights Act of are just kind of cavaliering, coming in hibit people from coming to the polls. 1965. Under section 5, seven States in here and offering all kinds of amend- It’s not to prohibit or to discriminate the South, as well as Arizona, Texas, ments to make no funds available. against anybody. Who is being dis- and a number of counties scattered That isn’t the way you set policy, and criminated against here are the States, across the country, are required to re- that isn’t the way you have a discus- those jurisdictions that are falling ceive Federal pre-clearance to every sion on an issue like this. This is a under section 5. change they make in election laws. very important issue. This is about en- We should all be treated equal under The provision stipulates that only forcing the Civil Rights Act and the the law. I don’t believe in discrimina- changes to election law in those cov- Voting Rights Act of 1965. You don’t tion for or against anybody. We have a ered locations which are shown to be think we had discrimination in this history of discrimination in my State nondiscriminatory may be pre-cleared. country? Don’t you think we still have and throughout the country, and we Unfortunately, the burden of proving discrimination and are making it dif- still have discrimination. I find dis- that a change is nondiscriminatory is ficult for people to access the voting crimination deplorable—and I reject it on the State or locality which wishes booth? in any manner—but we should all be to make the change. I come from a county, a district, that treated equal under the law. We need The standard and practice is known is under this section. I’m from Cali- to make sure that we have integrity at to be highly subjective, with no pre- fornia. The gentleman spoke about the polls. We need to make sure that sumption of innocence. Georgia. There are States, even like the people who are voting are truly the California, that have counties that b 2200 people who say they are. qualify to be under this act because I know, in some jurisdictions, a per- It is also highly unfair to allow some they had so low of a percentage of son just walks to the polling area and States to make changes to their elec- adults registered to vote. Obviously, says, I’m Joe Smith. tion laws while other States wishing to these counties were making it very dif- Then they say, Fine. I see you here make the same changes are forced to ficult. What this says is that in those on the polls. Go vote. jump through a bunch of hoops. I know counties, when you draw political dis- We can’t have this in this country. firsthand how onerous this law is. tricts, you’ve got to have them re- It’s not right, and it’s not fair. Joe My home State of Georgia, as an ex- viewed by the Justice Department. Smith needs to have absolute assur- ample, has long struggled with the U.S. What’s wrong with that? ance that the person he voted for won Department of Justice over its voter We have a history of discrimination. it fair and square—that elections are identification laws. They’re not alone. To come in to an appropriations bill not stolen, that elections are fair, that The State of Arizona is currently suing and take a big whack out of it in the whoever comes out at the top of the to be free from section 5, showing evi- Voting Rights Act in an election year, ballot is the one who really won.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2545 So this is not about discrimination. But I would also say, to end, we may bama, in Virginia, and in Texas to reg- It’s not preventing anyone from voting. be approaching a time that this would ister to vote, to participate in the It’s simply just to make sure we have go because we want a Nation where no democratic process. The State of Mis- integrity so that the people across this one is discriminated against, and we sissippi, for example, had a black vot- country can be sure that their votes may have reached that point. But I ing age population of more than 450,000 count and can be sure that somebody think the Judiciary Committee should and only about 16,000 were registered to else who may be an illegal in this coun- hold extensive hearings and we should vote. In one county in Alabama, the try or who may not be qualified to vote see what the Supreme Court does. I county was more than 80 percent and for whatever reason or who may have don’t think this is the place to do it, there was not a single registered Afri- already voted but who wants to vote a and I strongly rise in opposition to the can American voter. People had to pass second time is not doing so. amendment. a so-called ‘‘literacy test’’; interpreting Mr. HUELSKAMP. I yield back the Mr. JACKSON of Illinois. Will the sections of the Constitution. One man balance of my time. gentleman yield? was asked to count the number of bub- Mr. WOLF. I rise in opposition to the Mr. WOLF. I yield to the gentleman bles on a bar of soup and another man amendment. from Illinois. was asked to count the number of jelly The Acting CHAIR. The gentleman Mr. JACKSON of Illinois. I thank the beans in a jar. from Virginia is recognized for 5 min- gentleman for yielding, and I’ve en- It’s shameful that you would come utes. joyed a great relationship with the here tonight and say to the Depart- Mr. WOLF. I was the only member of gentleman during his tenure in the ment of Justice that you must not use the Virginia delegation to vote for the Congress. one penny, one cent, one dime, one dol- Voting Rights Act in 1982. I attended You mentioned several times in your lar to carry out the mandate of Section school for 1 year in a State in which I remarks that there might be an appro- 5 of the Voting Rights Act. We should saw things that were different than I priate time. How do you objectively de- open up the political process and let all had seen before. And there is a Simon termine when there is an appropriate of our citizens come in and participate. and Garfunkel song called ‘‘The time for not extending Section 5 to the People died for the right to vote— Boxer’’: ‘‘The man hears what he wants covered jurisdictions? friends of mine, colleagues of mine—to to hear and disregards the rest.’’ We Mr. WOLF. I am not a legal scholar, really can’t disregard what has taken speak out against this amendment. It and at 10:10, I don’t think I can do it, doesn’t have a place. place in the country. but there may be a time. Now, we may be reaching a point at I agree with the chairman. I believe now in my State there is which this should be looked at again. I Mr. BROUN of Georgia. Will the gen- not discrimination with regard to vot- believe there is no discrimination now tleman yield? ing. I think our Governor is a good, de- in my State. I think the Judiciary Mr. LEWIS of Georgia. No, I will not cent guy, and I don’t think he wants to Committee ought to look at this care- yield. discriminate against anybody. The I urge all of my colleagues to vote fully, but this is not the place to do this, and it is such a sensitive issue. members of the general assembly are of against this amendment. Section 5 of the Voting Rights Act that same mind. Yet there had been in I yield back the balance of my time. applies to jurisdictions determined to a case in previous times in the State of Mr. JACKSON of Illinois. Mr. Chair- have had a history of discrimination Virginia, so I’m not going to be the—I man, I move to strike the last word. against minority voters. Section 5 re- went to Georgetown Law School. It’s The Acting CHAIR. The gentleman is quires certain covered jurisdictions, an accredited law school, but I’m not recognized for 5 minutes. Mr. JACKSON of Illinois. Mr. Chair- based on the formula set forth in sec- going to sit here tonight and lay it out. man, let me first associate myself with tion 4, to pre-clear their congressional I don’t think this is what we ought to the remarks of the distinguished gen- redistricting plans with either the De- do tonight. I initially wasn’t going to tleman from Georgia (Mr. LEWIS), who partment of Justice or with the U.S. speak, but I just feel strongly. Again, I paid the price for this Voting Right Court for the District of Columbia be- go back. I remember in 1982 voting for Acts of 1965 on the Edmund Pettus fore implementation. In order to be this, and people felt it and I just felt in Bridge. He paid beyond measure. He granted pre-clearance, jurisdiction has my heart this was the right thing to sacrificed beyond measure to make the burden of proving that the pro- do. As of now in my heart, it tells me this a reality for every American. posed voting change neither has the we ought not adopt this amendment, This near midnight attack is an un- purpose nor will have the effect of de- and we can have the Judiciary Com- precedented attack on the implementa- nying or abridging the right to vote on mittee hold hearings both in the House tion legislation of the 15th Amendment account of race or color or membership and the Senate. We can see what the to the Constitution, the 1965 Voting in a language minority group. Supreme Court will do. I just don’t Litigation is pending now in the Fed- think this is the place for this amend- Rights Act. It took this Congress 95 eral District Court, including the case ment, and I strongly oppose the amend- years from the moment that the 15th of Texas v. Holder, which challenges ment. Amendment was added to the Constitu- the constitutionality of the coverage Mr. Chairman, I yield back the bal- tion of the United States for this Con- formula and pre-clearance require- ance of my time. gress to wake up after Selma to Mont- ments in sections 4 and 5. In its 2009 de- Mr. LEWIS of Georgia. Mr. Chair- gomery to pass legislation to imple- cision in Northwest Austin Municipal man, I move to strike the last word. ment the Voting Rights Act. Utility District No. 1 v. Holder, the Su- The Acting CHAIR. The gentleman is For me to stand here and listen to preme Court may have signaled a will- recognized for 5 minutes. my distinguished colleague, the distin- ingness to reconsider the constitu- Mr. LEWIS of Georgia. It is hard and guished gentleman from Virginia, the tionality of the pre-clearance regime difficult and almost unbelievable that chairman of the subcommittee, for him and coverage formula. any Member, especially a Member from to argue that there may be a time and But this is not an amendment that, I the State of Georgia, would come and we may be approaching a time when think, is appropriate here. Again, as we offer such an amendment. the Voting Rights Act preclearance deal with this thing, we have to be There is a long history in our coun- provision of Section 5 is no longer nec- very, very sensitive because, quite try, especially in the 11 States that are essary couldn’t be further from the frankly, I remember in 1982, when I old Confederacy—from Virginia to truth. voted for this, there were editorials in Texas—of discrimination based on race, Here’s how the State legislative proc- the Richmond Times-Dispatch that on color. Maybe some of us need to ess works within most of the State leg- were ripping me apart for this vote. study a little contemporary history islatures. First, whoever is in the polit- dealing with the question of voting ical majority, Democrat or Republican, b 2210 rights. usually draws legislative lines con- But because I do believe that every- Before the Voting Rights Act of 1965, sistent with their political advantage, one should have the right to vote, I it was almost impossible for many peo- whether it’s the Democratic Party or voted for it. ple in the State of Georgia, in Ala- whether it is the Republican Party.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2546 CONGRESSIONAL RECORD — HOUSE May 9, 2012 Such is the case in Illinois. Such is the With that, Mr. Chairman, I yield credit to the consensus of conscience of case of every State in the Union. back the balance of my time. civil rights that I think has prevailed Almost never before the 1965 Voting b 2220 in this country and has aided us great- Rights Act had racial minorities or ly. language minorities ever been consid- Mr. DANIEL E. LUNGREN of Cali- But I would just say, this is not the ered as a factor in the ongoing partisan fornia. I move to strike the last word. time nor the place for us to, within a debate for the last 150 years between The Acting CHAIR. The gentleman is short period of time on the floor of the Democrats and Republicans. Only the recognized for 5 minutes. House, try to make a significant Voting Rights Act of 1965 says that if a Mr. DANIEL E. LUNGREN of Cali- change in that. And, therefore, with all language minority or a racial minority fornia. Mr. Chairman, one of the proud- due respect to my friend from Georgia in a protected jurisdiction can draw a est moments of my experience here in who points out some of the problems congressional district or can draw a the House is having worked on a bipar- here, I would have to oppose this State Representative district or can tisan basis on the extension of the Vot- amendment. But I would hope that we draw a State Senatorial district to give ing Rights Act in the 1980s. I had been would have the courage to come to the a racial minority an opportunity to involved in the extension of the Voting floor and recognize that changes may represent their own people in a legisla- Rights Act several Congresses ago. But be necessary. tive body, the State legislative body also, as attorney general of the State This is an unprecedented authority must take that into account. of California, I was involved in the that is granted to the Justice Depart- For us to be standing here on the preclearance procedures by the Justice ment. No other jurisdictions are re- floor of the Congress arguing about the Department with several of the juris- quired to come before the Justice De- right to vote, we’re not discussing at dictions in my home State. partment and ask for their permission that level the right to vote. We’re dis- The Voting Rights Act has stood as as to whether they could make a cussing whether or not legislators will one of the great efforts of progress in change as simple as changing a date or be effective in representing their con- this country; but as the U.S. Supreme making any change with respect to any stituents by protecting Section 5, the Court said, as it reviewed the election process in that jurisdiction. preclearance provision, because most preclearance requirements some years So I would hope my friends on the of us can’t go to our Governors or our ago, There will come a time when this other side who have, I think, appro- State legislatures to protect the fran- unprecedented power of the Federal priately opposed the gentleman’s chise from minorities. Government versus the sovereignty of amendment would also recognize that I know that the First Congressional the States will end. there is a large area in which we should District, the Second Congressional Dis- The preclearance requirement con- trict, the Seventh Congressional Dis- discuss the current status, vis-a-vis the tained in the Voting Rights Act is an current fact situations that exist with trict, the Fourth Congressional Dis- anomaly, a necessary anomaly over trict of Illinois are all Section 2 of the all jurisdictions. history, but it is an anomaly. And we Let us hope that as bad as the con- Voting Rights Act congressional dis- should understand that the Court tricts, from Virginia around to Texas, duct has been in the past, that we be- viewed it as such. lieve in redemption and that we believe because we still cannot trust Demo- The problem I have with the current crats, because we still cannot trust Re- that there can be changed hearts, and status of the Voting Rights Act is that we believe that we can change prac- publicans in Virginia, all the way it gives no opportunity for an escape around to Texas, to consider racial mi- tices and that we believe that, in fact, clause by those jurisdictions that have maybe the good will of our fellow citi- norities in the drawing of congres- proven, over the decades, that they sional districts. Sure, those States zens will prevail. And when it has done have, in fact, changed their practices. so, let us recognize that, give them must implement their plans by submit- There is no means by which a jurisdic- ting their plans to the Federal Govern- credit for it, and in the law provide in- tion can come forward and show that centives for other jurisdictions to also ment for preclearance. over a decade, they have not, in fact, Look at the language minorities. change their ways. discriminated but have acted appro- Look at what’s taking place in Texas. So with that, Mr. Chairman, I ask priately and, therefore, this tremen- Look at what’s taking place in New that we not support this amendment, dous Justice Department authority Mexico. New Mexico, a State that is 25 but at the same time recognize the le- will be no more there. percent Latino, and the State legisla- gitimacy of the shortcomings of the But this is not the place to deal with ture played games with what con- law, as applied currently, and the fail- stitutes an effective congressional dis- it, I would say. A funding resolution is ure of the Congress to make the trict that might give a Latino an op- not the place to deal with it. This is an changes to give credit to those jurisdic- portunity to represent a congressional important issue that ought to be ad- tions that have, in fact, acted in good district in Congress. It plays both sides dressed; and I would hope that my faith. against the middle. friends on the other side of the aisle I yield back the balance of my time. Both Democrats and Republicans, would recognize that when you have a Mr. FATTAH. Mr. Chairman, I move through history, Mr. Chairman, have jurisdiction that has for 10, 20, 30, 40 to strike the last word. used race as a partisan advantage in years followed the law, perhaps we The Acting CHAIR. The gentleman trying to draw congressional districts ought to reward them and provide in- from Pennsylvania is recognized for 5 and legislative districts. centives for other jurisdictions to do minutes. I appeal to you, Mr. Chairman, to re- the same. Also, historically, there is a Mr. FATTAH. Let me just make a ject this amendment at midnight; re- reason—almost a historical accident by couple of comments. I think that we’ve ject this unconstitutional, unprece- which some of the jurisdictions in Cali- seen why this is not the process for dented attack on the civil rights of fornia are covered. It had to do with a these types of riders on a bill. In States every American; reject efforts to un- low turnout election in which a large that are not covered by section 5, there dermine the implementation legisla- percentage of the people who were con- have been outrageous circumstances as tion of the 15th Amendment earned sidered citizens happened to be mili- it relates particularly to African Amer- through an American Civil War, along tary folks who didn’t vote in that area icans and access to the franchise. In with No. 13, 14, and 15; reject this effort in that particular election. And there’s Philadelphia, Octavius Catto was beat- to roll back the civil rights gains of been a static analysis which has re- en to death just a few blocks from my 1965 by undermining the funding in the sulted in those jurisdictions continuing childhood home when he tried to exer- Federal Government’s capacity to en- to be covered under that section of the cise his right to vote. sure that minorities have a chance to law which allows this unprecedented But our country has come a long represent themselves in the Congress of authority of the Justice Department to way. We’ve made a lot of progress. But the United States; reject this effort on preclear. section 5 is there for a reason. In these this evening. Both Democrats and Re- And I would hope that we would have States in the South, Nazi prisoners of publicans should reject it in a bipar- the courage to stand up and look at the war were treated better than African tisan manner. changes that have taken place and give Americans who had served in the war.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2547 For the party of Lincoln to be on the many of us believe, our Nation is not a riage amendments. But whatever the floor of the House today on this issue, Nation of men; it’s a Nation of laws. platform contains, whatever their per- when there were really Republicans When a Congress passes and a Presi- sonal preferences are, unless those laws that had joined in in the passage of the dent of any party signs a bill into law, are changed, unless those amendments Voting Rights Act, where Members of Mr. Chairman, it is the law of the land. are repealed by the people of these my party refused to be willing to grant And if a new President or a new Attor- States, they stand to remain the law of these rights to African Americans and ney General does not like an existing their States and they remain the law of to others, I think, is unfortunate. But law when they come into office, it’s not the land. I think we may be at a point where we his or her prerogative to decide wheth- It’s clear, in my opinion, the admin- can move forward. er or not to enforce that particular istration is turning the Justice Depart- To my friend from Georgia, who we law. ment into a legal mouthpiece for its are going to be in worship together to- campaign rather than its purpose: to b 2230 morrow morning at 8 a.m., I yield to enforce the law. Most concerning is the you. It is his or her constitutional obliga- fact that in turning the Justice De- Mr. BROUN of Georgia. I thank the tion to defend it. But somehow, Mr. partment into an instrument for legis- gentleman from Pennsylvania. Chairman, I’m sorry to say this fact is lating political favors rather than en- I apologize to my dear friend from lost on the current administration. In forcing the rule of law, this becomes Georgia if he’s gotten angry with this a very clear and flagrant violation of the Department of Politics, in my opin- amendment. It was never my intent to its responsibilities, the U.S. Depart- ion—not the Department of Justice. do so. And I am going to ask unani- ment of Justice, under the direction of So, Mr. Chairman, I urge my col- mous consent to withdraw the amend- Attorney General Eric Holder, and leagues to support this amendment, ment. with the blessing of the President, have support the folks of 30 States, the citi- I deplore discrimination of any kind. decided not to enforce the Defense of zens who have made decisions, and also As far as I am concerned, I believe in Marriage Act, which has been the law the citizens of 50 States that have the Bible. I think it’s the only standard of the land since JOE BIDEN voted for it passed their marriage laws. These are of truth that we have. As far as I am in 1996 and it was signed into law by protected under the Defense of Mar- concerned, there is only one race of President Bill Clinton. riage Act under contravention by those people: it’s the human race because we Tonight, I’m offering an amendment of us in Washington. all came from Adam and Eve. And no to prevent the Department of Justice With that, I yield back the balance of one—no one should be discriminated from spending taxpayer money to un- my time. against for any reason. dermine the Defense of Marriage Act Mr. FRANK of Massachusetts. I move I have the same dream that Martin and stop the Department of Justice to strike the requisite number of Luther King had, where people are ac- from ultimately undermining the rule words. cepted for their character and are not of law. The Acting CHAIR. The gentleman is discriminated against for their skin or As many of us know, just last night recognized for 5 minutes. Mr. FRANK of Massachusetts. Mr. their forefathers or anything else. And the 30th State actually passed an Chairman, to begin, I have read this any insinuation that I would ever be- amendment to amend its Constitution amendment. And if it were to be law in to protect traditional marriage. That lieve in any kind of discrimination or an hour, it does not appear that it would be the State of North Carolina. that I would try to suppress anyone would affect anything that’s now hap- from having their constitutionally In my opinion, it likely becomes an pening in the Federal Government. given rights, I detest that accusation, easy target for the administration. My The gentleman said that they were frankly. amendment would also prevent the De- trying to undermine the act and that Mr. FATTAH. The hour is late. Re- partment of Justice from interfering in they should enforce it. In fact, the ad- claiming my time, I want to thank you North Carolina, or any other State, ministration has been very clear: while for withdrawing your amendment. And over its marriage amendments and they disagreed with the act, they I thank the chairman for his previous marriage laws. would like it repealed, they in fact be- statements in this regard. We have 30 States that have marriage lieve it’s unconstitutional, it is now on Mr. BROUN of Georgia. I apologize amendments: Alaska, Nevada, Mis- the books, and nothing is being done in for any hurt feelings that anyone has sissippi, Missouri, Montana, Oregon contravention of the Defense of Mar- because I certainly wasn’t meaning to Colorado, Tennessee, Arizona, Cali- riage Act. That is, there are no things try to hurt anybody’s feelings. fornia, Nebraska, Arkansas, Georgia, now going on where the Federal Gov- Mr. FATTAH. Reclaiming my time, I Kentucky, Louisiana, North Dakota, ernment recognizes the rights of same- thank you very much. Ohio, Oklahoma, Utah, Texas, my fa- sex marriage. I yield back the balance of my time. vorite State, Kansas, Alabama, Idaho, So I guess my main opposition to Mr. BROUN of Georgia. I ask unani- South Carolina, South Dakota, Wis- this is that the bill is already big mous consent to withdraw my amend- consin, Florida, North Carolina, Michi- enough, but it doesn’t add anything in ment. gan, and Virginia. substance. It adds a few words. I would The Acting CHAIR. Without objec- The population of each of these yield if anyone can tell me what the tion, the amendment is withdrawn. States passed the marriage amendment There was no objection. reference is to not enforcing the act. to define marriage as they saw fit, and Now it is true the administration de- AMENDMENT NO. 24 OFFERED BY MR. this amendment would protect those clined to defend the act in court, but HUELSKAMP definitions from any contribution by not defending an act in court in no way Mr. HUELSKAMP. Mr. Chairman, I this Department. means that you are contravening any have an amendment at the desk. The Department of Justice and the The Acting CHAIR. The Clerk will enforcement. Going to court is a dif- President of the United States do not designate the amendment. ferent story. As a matter of fact, the have to agree with the law, Mr. Chair- The text of the amendment is as fol- House Republican leadership has voted man, but they certainly have to en- lows: to go to court to defend it. force it and respect it. So I, again, would be glad if someone At the end of the bill (before the short Even though I believe it would be in title), insert the following: would tell me. The Defense of Marriage SEC. ll. None of the funds made available their political best interest to do so, 30 Act says the Federal Government will under this Act, may be used in contravention States have constitutional amend- grant no rights to same-sex married of the Defense of Marriage Act (Public Law ments, again, defining marriage be- couples that come from marriage. It’s 104 199). tween one man and one woman. We not doing that. I agree the administra- The Acting CHAIR. The gentleman have current officials of this adminis- tion doesn’t like that, but the sugges- from Kansas is recognized for 5 min- tration that have expressed their polit- tion that they are undermining the law utes. ical preferences against traditional is simply wrong. Mr. HUELSKAMP. Mr. Chairman, I marriage, against the Defense of Mar- Now I understand—and this may be know the hour is late; but as I think riage Act, and against various mar- the confusion—that the gentleman

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2548 CONGRESSIONAL RECORD — HOUSE May 9, 2012 originally planned to offer a different to court is not using funds. Maybe he tutional. So it is either meaningless amendment, and that amendment, he meant to say none of the funds under and unnecessary in the one case or un- was told, was not in order. Maybe he this act may be not used in contraven- constitutional in the other and, frank- changed the amendment and somebody tion, because we certainly aren’t ly, ought to be withdrawn, but cer- forgot to change the speech, because spending by not spending any money. tainly should not be voted for; and so I the speech he gave may apply to the So maybe he meant to say we should urge my colleagues not to vote for this, earlier amendment, but it doesn’t spend the money, I don’t know. whatever you think of DOMA, frankly. apply to this one. So it seems to me But I understand his original inten- Because if DOMA is declared unconsti- kind of a waste. It’s late in the tion was ruled out of order. He had a tutional, this would be unconstitu- evening. But the evening is shot any- place in the agenda, so he offered an tional; and if it’s not, it’s unnecessary way. amendment. But it doesn’t mean very and has no effect in any event. So I It does not say the administration much. don’t know what the point of wasting shouldn’t go to court. That is not con- I yield back the balance of my time. our time with it is, but we should op- travening the Defense of Marriage Act. Mr. NADLER. Mr. Speaker, I move to pose it. Contravening the Defense of Marriage strike the last word. I yield back the balance of my time. Act would be extending benefits. And I The Acting CHAIR. The gentleman Mr. POLIS. Mr. Chairman, I move to want to reassure the gentleman, when from New York is recognized for 5 min- strike the last word. I get married in July to Jim, I will not utes. The Acting CHAIR. The gentleman be looking for any Federal benefits. He Mr. NADLER. Mr. Speaker, I had an- from Colorado is recognized for 5 min- wouldn’t be eligible for my pension, ticipated and we had been told that the utes. Mr. POLIS. Mr. Chairman, this is a even if I got one—I won’t get one. But gentleman was going to offer an very strange amendment, as my col- he wouldn’t be eligible if I got one. I amendment that said none of the funds leagues have pointed out. We are obvi- am very familiar with this. in this Act may be used by the Justice ously a very diverse country. Some In fact, nothing being done now by Department to argue for the Defense of States allow same-sex marriages; oth- the Federal Government or con- Marriage Act in court. And I was going ers do not. Some have civil unions. My templated by this administration con- to object on the same grounds that I home State of Colorado is currently travenes the Defense of Marriage Act. have in some other such amendments discussing this issue in the State legis- What the administration says is: We earlier day—that we should not be po- lature. It is certainly very contentious, think it’s unconstitutional, and we are liticizing the Justice Department. We and I wish them well in coming to a going to oppose it. should not be telling them: Do defend Now I know there are some who say— speedy resolution. this in court; don’t defend that in What this amendment does is simply the gentleman from Kansas, I agree, court. contravene something that doesn’t didn’t say that—some have said, How b 2240 occur. It talks about funds being used dare you to ask the court to throw out in contravention to the Defense of Mar- a law passed by Congress. You’ve heard But as the gentleman from Massa- riage Act. There are no such funds. that rhetoric. After all, Congress chusetts says, this amendment seems to do nothing at all. None of the funds This administration, as the last admin- passed this. How does the court dare to istration, has followed the Defense of overthrow it? Well, that’s an argument made available under this act may be used in contravention of the Defense of Marriage Act. I used to hear from my conservative Certainly out of political conven- Marriage Act. Well, none of the funds friends a lot more before the health ience, I would say would that it were, if are being use in contravention of the care bill came up. only this administration had been Defense of Marriage Act. The only cir- So let’s be clear, there are now two granting immigration rights or inherit- cumstance I can envision under which major pieces of legislation passed by ance and survivorship rights to com- funds might be used in contravention this Congress—not this particular mitted same-sex couples that were one—that are being contested and peo- of the Defense of Marriage Act would married in the States that have them; ple are asking the U.S. Supreme Court be after the Supreme Court declared but it is simply not the case. to throw them out. One is the Defense the Defense of Marriage Act unconsti- Now, I understand that there might of Marriage Act, one is the health care tutional. If the Court declared the De- be fears that perhaps some day a future bill. You can be against, in principle, fense of Marriage Act unconstitutional, administration might seek to violate the court’s throwing out an act of Con- then the Constitution frankly would the law in this area, but I think it gress as unconstitutional. You can be demand under the equal protection shows a fixation to try to single out for it in principle and differ as to the clause that funds be spent against the this area. I mean, a future administra- application. But there isn’t any way will of what had been the Defense of tion or any administration might try that you can say it is perfectly legiti- Marriage Act. to violate the law in any one of any mate to cancel the health care bill If the Defense of Marriage Act is un- number of areas. But to have a fixation through judicial intervention but not constitutional, then someone who is on and support for a government take- to challenge the Defense of Marriage married under the laws of some State over of the institution of marriage is a Act. that permits same-sex marriage will very dangerous precedent. And I wish So I assume they’re going to want a demand to have joint filing of income my colleagues on the other side of the roll call because they went through all taxes or demand the tax benefits that a aisle would help preserve the integrity this effort, they’d like to be able to spouse gets, and it would be unconsti- of marriage in this country and its im- talk about it in campaigns. It literally tutional not to grant that. portance to all families, including means nothing because there is no con- So this amendment is frankly silly mine, and my colleague from Massa- travention going on now. So I’ll be glad and shouldn’t clutter the statute books chusetts and many others. to vote against it. If other people vote because until and unless the Defense of We do not currently use any funds in for it, they can do so. Marriage Act is declared unconstitu- contravention of the Defense of Mar- Again, the Defense of Marriage Act tional, it means nothing. And once the riage Act. There are a number of us in says you don’t grant benefits to same- Defense of Marriage Act is declared un- this body who seek to repeal this act. sex couples as if they were married. constitutional, if it is, then this itself This House as a whole has not repealed Nobody is doing that. That isn’t hap- would be unconstitutional as against this act. It very much has the rule of pening. It isn’t planned. It won’t hap- the equal protection clause. law. But just like other laws, the ad- pen until and unless the Supreme So I urge people to vote against it be- ministration and the executive branch Court finds unconstitutionality. And cause, one, we shouldn’t pass meaning- are charged with implementing that refusing to defend an act in court, in less statutes, which this is or would be, law. the English language, is not contraven- unless DOMA is declared unconstitu- I think it is a bizarre step to single tion. As a matter of fact, it says none tional. And we shouldn’t pass clearly out one particular area of law with of the funds made available may be unconstitutional statutes which this many, many, many laws that the exec- used in contravention. Well, not going would be if DOMA is declared unconsti- utive branch operates under and say we

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2549 don’t want them to violate this law that which is otherwise illegal. A li- jeopardy when you have seven supreme when there is of course no evidence, no cense to hunt, a license to carry a gun, court justices in the State of Iowa who sign, no indication that any adminis- a license to fish, for example. declare that they have found rights in tration, Democratic or Republican, has Mr. POLIS. Will the gentleman the Constitution that were up to this any desire to violate this law. yield? point ‘‘unimagined.’’ If you have jus- The decision not to defend this law is Mr. KING of Iowa. I want to finish tices that find unimagined rights in unaffected by this amendment. To be my statement, but if I have time, I will the Constitution, they are completely clear, if this amendment passes, it has yield to the gentleman from Colorado. unqualified to legislate from the bench no bearing on the administration’s de- States issue marriage licenses be- or determine what’s constitutional and cision not to defend the undefensible, cause they want to promote and en- what’s unconstitutional; and three of namely, the government takeover of courage an activity and a behavior, not the seven were up for a retention ballot marriage that my colleagues on the because they want to punish another a year ago last November, and they other side of the aisle seem to support. behavior. It is because there is some- were all three voted off the bench, the Marriage is a very personal relation- thing that they have determined has first time in the history of the State, ship between two people who are in value, and so they give a permit to do partly because people disagreed with love. And, of course, it’s precise defini- that which is otherwise illegal, and the policy they sought to impose by tion is up to each State in terms of that’s what a definition of a license is. legislating from the bench, mostly be- With regard to the President and the who they allow and under what condi- cause the people in the State under- executive branch, the Constitution and tions they allow to marry. And to have stood that you cannot have judges that the oath that’s implied in the Constitu- the Federal Government enter this de- will find rights in the Constitution tion, the oath that the President takes bate is very contrary to the definition that were up to this point unimagined. that is implied that he adheres to in of marriage itself and frankly debases Judges that can imagine rights in the the Constitution says he shall take the thousands of same-sex marriages Constitution will take your rights care that the laws are faithfully exe- that have occurred in this country. away. A President that will change his So again, while this amendment cuted. And so the law of the United States position, that will not uphold his oath would do nothing and certainly is DOMA, the Defense of Marriage Act. of office to take care that the laws are wouldn’t jeopardize the administra- The President’s obligation, and his ap- faithfully executed, that will direct the tion’s decision not to defend the pointees and all of those in the execu- Department of Justice to work against undefensible, namely, the government tive branch of government, is to take and the Solicitor General to work takeover of marriage, I still urge oppo- care that the laws are faithfully exe- against Federal law will turn this sition to this measure because I think cuted. The appointments of the Presi- thing 180 and use the Federal resources it is bizarre to single out one par- dent and the executive branch are against the will of the people of the ticular area or one particular type of bound by his oath, and they take their United States, and that’s the marriage that some Members of this own oath to uphold this Constitution. Huelskamp amendment, and I support body may not personally approve of. And when the President of the United it. I yield back the balance of my time. States decides he is going to flip on his I yield back the balance of my time. Mr. KING of Iowa. Mr. Chairman, I position, or maybe let it evolve into a Mr. LATOURETTE. Mr. Chairman, I move to strike the last word. condition, and then direct, and I be- move to strike the last word. The Acting CHAIR. The gentleman is lieve it is direct, the Department of The Acting CHAIR. The gentleman recognized for 5 minutes. Justice to first refuse to support and from Ohio is recognized for 5 minutes. Mr. KING of Iowa. I rise in support of Mr. LATOURETTE. Mr. Chairman, I have the Solicitor General no longer the Huelskamp amendment. I listened didn’t plan to speak on this amend- support Federal law passed by a major- to the gentleman from Colorado say at ment; but I have to tell you, I find it to ity of this Congress, the House and least three times, a government take- be an unfortunate amendment. I find it Senate and signed by President Clinton over of marriage. Yes, the faith and the and then turn around, and now we’re to be an unfortunate amendment not church and the churches have been the concerned that they are going to use for what some people might suspect. I ones who have established marriage taxpayer resources to defy a legitimate was here for the Defense of Marriage over the centuries and over the mil- law that is the will of the people and Act. I supported the Defense of Mar- lennia. But when it comes to civil mar- on the books in the Federal Register. riage Act. I believe the Defense of Mar- riage, the government writes the rules. That’s what the amendment does riage Act is constitutional. If the government is writing the rules, that Mr. HUELSKAMP has offered. It But this amendment is symptomatic it’s not a takeover of marriage. The says it’s bad enough that you don’t of what I think the problem of this definition of marriage from the begin- keep your oath to take care that the Congress has been since it convened ning of time has been a man and laws of the United States are faithfully last January, and that is first the CR woman joined together, hopefully in executed, and we want to say to you, and then some other bills, and now the holy matrimony, for the purposes of Don’t at least turn a 180 on us and go appropriations bills. Some folks have encouraging a family unit and raising against the will of the American people decided that they should just be a pi- children and pouring our values down and use taxpayer dollars to work nata, filled with all kinds of extraneous through that crucible of marriage into against the will of the American peo- issues that have nothing to do with the the next generation because that’s the ple, against your oath of office and core mission. most successful and effective way that against the statute. This issue that is the subject of this we can advance civilization. So out of courtesy, I would yield to amendment, I would tell the author Government has an interest in pro- the gentleman from Colorado. who was not here when DOMA was moting marriage for the purposes of Mr. POLIS. I thank the gentleman passed, is being resolved. The Justice holding together the continuity of our from Iowa. Department, I think wrongly, made a culture and our civilization. It is not a Just for a brief question, the gentle- decision not to defend the lawsuit. But nefarious thing. It’s not the govern- man’s home State of Iowa does allow as Mr. NADLER said in a previous ment taking over marriage. It is the same-sex couples to marry, and I would amendment, and I commend him for voice of the American culture and the just like to ask in reference to the first saying it, that’s the executive’s prerog- American people seeking to advance part of your remarks whether your ative. But once they make that deci- into the following generations the best home State of Iowa in any way, shape, sion, the Congress is not powerless, and values that we have. or form, whether civilization is in jeop- the Congress has taken action. And so And those that say it is discrimina- ardy or if any of the things that you the committee that exists here in the tion to determine what marriage is, I mentioned in the early part of your re- House voted to employ outside counsel. would argue instead, Mr. Chairman, marks have, in fact, hurt your home Outside counsel is vigorously defending that government provides a license. State of Iowa? the House’s position in the Defense of The States provide licenses for mar- Mr. KING of Iowa. Reclaiming my Marriage Act, and I think there are 30 riage. A license is a definition to do time, civilization is in jeopardy. It’s in lawsuits across the country.

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H2550 CONGRESSIONAL RECORD — HOUSE May 9, 2012 b 2250 tions of the executive, as has been stat- United States, not to wake up every This matter will be resolved, and the ed, are their prerogative. And clearly, morning and decide: I think I can find courts will either say that it’s con- there have been no actions by the gov- an unconstitutional basis for a law stitutional or unconstitutional, and ernment that should be contravened. passed by the Congress. then we will all abide by that decision. More importantly, I believe in the Think of what that would mean. It Now, where I find fault with my civil liberties of all people and the would mean that you have an adminis- Democratic friends is that we’ve had a rights of all people. I believe that this tration in every instance deciding what couple of markups in the legislative amendment undermines the rights of laws they want and what laws they branch, and they’re all exercised about all people and would graciously ask don’t want that are on the books, in- the money that it’s costing us for out- this Member to look at it from both stead of coming here to the Congress side counsel. Well, you can’t have it the perspective of individual rights, of and attempting to change what the law both ways. Either the administration civil liberties, of the 10th Amendment, is. If we believe that we have an obliga- is going to defend it through the Jus- and whether or not the executive has tion when we hold up our hands to up- tice Department, or we’re going to done anything that relates to his hold the Constitution, that means we avail ourselves of our constitutional amendment. don’t just turn over things to the responsibilities, hire outside counsel. I, lastly, will say that the President courts and say you decide whether it’s So you can’t criticize the speaker for of the United States, who commented constitutional. paying a lawyer to defend their posi- today, has every right to speak either We are duty bound to pass what we tion. his conscience, his heart, or his mind. think are constitutional laws. And the Likewise, I would suggest to my side An amendment on the floor attempting administration—of whatever stripe—is of the aisle that this doesn’t belong on to question that has no relationship to obligated to attempt to defend those Mr. WOLF’s bill. There is not a prob- speech today versus actions which need laws unless they can’t find a constitu- lem. This matter will be resolved; it is to be contravened. There are no actions tional basis for it, not to seek every being resolved. I think that this entire to be contravened, so I ask the gen- possible unconstitutional basis so they string of limitation amendments is dis- tleman to respectfully withdraw his don’t have to defend. That’s what the turbing because they continue a pat- amendment. problem is here. tern now that’s gone on for 18 months, I yield back the balance of my time. And so while I understand many of and I don’t think that’s what an open Mr. DANIEL E. LUNGREN of Cali- the arguments made here and I under- rule is all about. fornia. Mr. Chairman, I move to strike stand what my friend from Ohio said— I yield back the balance of my time. the requisite number of words. and I agree with much of what he Ms. JACKSON LEE of Texas. Mr. The Acting CHAIR. The gentleman is said—let’s not just say, well, it’s the Chairman, I move to strike the req- recognized for 5 minutes. prerogative of the executive branch to uisite number of words. Mr. DANIEL E. LUNGREN of Cali- decide if they want to defend laws The Acting CHAIR. The gentlewoman fornia. Mr. Chairman, I wasn’t going to passed by the United States. That has is recognized for 5 minutes. speak, but I have heard this argument not been the tradition of this country. Ms. JACKSON LEE of Texas. I thank made time and time again that it’s the It has not been the experience. It has the distinguished gentleman from Ohio prerogative of the executive branch to not been the legacy of Democratic and who just spoke on the floor of the decide whether it’s going to defend a Republican administrations going back House. He’s an appropriator, and he law legally passed by the Congress and to the founding of this Republic. sees this litany of limitations as being signed by the President. That is hyper- Ms. JACKSON LEE of Texas. Will the challenging. I know that Members are bole. That is incorrect. gentleman yield? probably drafting some more limita- There is an obligation, by tradition Mr. DANIEL E. LUNGREN of Cali- tions as we speak, and I certainly re- and by the law, that the Attorney Gen- fornia. I yield to the gentlelady. spect their prerogative. eral is duty bound to defend duly con- b 2300 stituted laws of the United States so I would just add this point: as I lis- Ms. JACKSON LEE of Texas. I thank long as he or she can find a constitu- tened to my good friend from Iowa— the distinguished gentleman from Cali- tional basis for it. It is not the purpose, who I know is certainly a civil liber- fornia. I’m not sure if he misinter- nor has it been in the past, in Demo- tarian and believes in individual rights, preted comments that have been made cratic and Republican administrations, and I would imagine the proponent of on the floor of the House, but I will for a Justice Department to arrogate this amendment does as well—I would just speak to this point. ask the proponent of the amendment, to themselves the responsibility of de- That is too broad a statement to say as he has listened to the debate, to ciding which laws they like and which about the present Department of Jus- simply withdraw the amendment. laws they did not like. You are sup- tice when every single day lawyers in There are several factors that would posed to be the attorney for the United the Department of Justice, including contribute to that: one, the query that States and recognized as such. the Attorney General, go out and de- was made by the gentleman from Mas- I recall as Attorney General of Cali- fend the laws of this land. And so I’d sachusetts as to whether the amend- fornia I was required at times to defend ask the gentleman to reflect on that ment even does anything. But as well, laws that I had voted against, but I broad statement because that is not ac- if we look at the 10th Amendment— could find a constitutional basis for it. curate. which my friends on the other side of My real problem with this administra- I thank the gentleman for yielding. the aisle have always paraded before tion is they strained to find any con- Mr. DANIEL E. LUNGREN of Cali- us—that even though there is a Federal stitutional basis to not defend. That is fornia. I take back my time. law, the DOMA law, that there are turning it on its side. I will not accept the gentlelady’s ar- matters that should be left to the The point of fact is when the execu- gument that I was condemning the ac- States. tive branch does not do what they tions of those people in the Justice De- As recounted by the gentleman from should do, it requires us to make a de- partment who are excellent civil serv- Colorado, there are many different po- cision as to whether we should now pay ants. sitions on this issue throughout the for outside counsel. That has not been I am specifically talking about the different States. Some have positions, the tradition of the United States. Attorney General of the United States some do not. Now we have an amend- This Justice Department, in my judg- who, evidently, made the decision or, if ment that simply seems to deal with ment, based on the experience I’ve had he didn’t make the decision, failed to actions stated by the executive on this here in this Congress, 18 years, my make the proper decision to uphold the very day. years as the chief legal officer of the laws of the United States duly enacted My friend from Iowa wanted to speak State of California, and 35 or 40 years by this Congress. about what the President has said and as a practicing attorney, tells me that I yield back the balance of my time. what he has not said. What are we dis- this administration has fundamentally The Acting CHAIR. The question is cussing here, the views of the President failed in its obligation to attempt to on the amendment offered by the gen- or the actions of the executive? The ac- faithfully carry out the laws of the tleman from Kansas (Mr. HUELSKAMP).

VerDate Mar 15 2010 00:58 Jun 10, 2012 Jkt 079060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H09MY2.REC H09MY2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE May 9, 2012 CONGRESSIONAL RECORD — HOUSE H2551 The question was taken; and the Act- Accordingly, the Committee rose; An amendment by Mr. HOLT of New ing Chair announced that the ayes ap- and the Speaker pro tempore (Mr. Jersey. peared to have it. WESTMORELAND) having assumed the Amendment No. 7 by Mr. CRAVAACK Mr. FATTAH. Mr. Chairman, I de- chair, Mr. PRICE of Georgia, Acting of Minnesota. mand a recorded vote. Chair of the Committee of the Whole Second amendment by Mr. FLAKE of The Acting CHAIR. Pursuant to House on the state of the Union, re- Arizona. clause 6 of rule XVIII, further pro- ported that that Committee, having Third amendment by Mr. FLAKE of ceedings on the amendment offered by had under consideration the bill (H.R. Arizona. the gentleman from Kansas will be 5326) making appropriations for the De- The Chair will reduce to 2 minutes postponed. partments of Commerce and Justice, the time for any electronic vote after Mr. CLARKE of Michigan. Mr. Chair- Science, and Related Agencies for the the first vote in this series. man, I move to strike the last word. fiscal year ending September 30, 2013, AMENDMENT NO. 24 OFFERED BY MR. The Acting CHAIR. The gentleman is and for other purposes, had come to no HUELSKAMP recognized for 5 minutes. resolution thereon. The Acting CHAIR. The unfinished Mr. CLARKE of Michigan. I rise to f business is the demand for a recorded engage in a colloquy with the esteemed REPORT ON RESOLUTION PRO- vote on the amendment offered by the subcommittee chair. gentleman from Kansas (Mr. First of all, I wanted to support the VIDING FOR CONSIDERATION OF H.R. 5652, SEQUESTER REPLACE- HUELSKAMP) on which further pro- inclusion of $47 million in the National ceedings were postponed and on which Science Foundation Educational and MENT RECONCILIATION ACT OF 2012 the ayes prevailed by voice vote. Human Resources Account. This is The Clerk will redesignate the going to really further the effort to Mr. WOODALL, from the Committee amendment. help educate Americans in the area of on Rules, submitted a privileged report The Clerk redesignated the amend- science, technology, engineering, and (Rept. No. 112 472) on the resolution (H. ment. mathematics. It will help inspire many Res. 648) providing for consideration of RECORDED VOTE of our young people to study math and the bill (H.R. 5652) to provide for rec- The Acting CHAIR. A recorded vote science and then go into these engi- onciliation pursuant to section 201 of has been demanded. neering and technology fields as ca- the concurrent resolution on the budg- A recorded vote was ordered. reers. et for fiscal year 2013, which was re- The vote was taken by electronic de- Some of the most engaging ways to ferred to the House Calendar and or- vice, and there were—ayes 245, noes 171, inspire young people to study math and dered to be printed. not voting 15, as follows: science involve informal education set- f tings, such as our science centers [Roll No. 235] throughout this country, most notably, COMMERCE, JUSTICE, SCIENCE, AYES—245 AND RELATED AGENCIES APPRO- the Detroit Science Center, which en- Adams Denham Hurt gages in programs that inspire many PRIATIONS ACT, 2013 Aderholt Dent Issa The SPEAKER pro tempore. Pursu- Akin DesJarlais Jenkins inner-city youth and metro-Detroit Alexander Diaz-Balart Johnson (IL) youth to get involved in education in ant to House Resolution 643 and rule Amash Dold Johnson (OH) science and mathematics. XVIII, the Chair declares the House in Amodei Dreier Johnson, Sam So I wanted to thank the chair and the Committee of the Whole House on Austria Duffy Jones Bachmann Duncan (SC) Jordan the ranking member for including the the state of the Union for the further Bachus Duncan (TN) Kelly resources in the National Science consideration of the bill, H.R. 5326. Barletta Ellmers King (IA) Foundation’s budget to help provide Will the gentleman from Georgia Barrow Emerson King (NY) (Mr. PRICE) kindly resume the chair. Bartlett Farenthold Kingston competitive grants to many organiza- Barton (TX) Fincher Kinzinger (IL) tions such as the Detroit Science Cen- b 2305 Bass (NH) Fitzpatrick Kissell ter to help further inspire and engage Benishek Flake Kline IN THE COMMITTEE OF THE WHOLE our young people to study math and Berg Fleischmann Labrador Accordingly, the House resolved Biggert Fleming Lamborn science. itself into the Committee of the Whole Bilbray Flores Lance And we have a lot of jobs available, Bilirakis Forbes Landry House on the state of the Union for the even in metro Detroit in manufac- Bishop (GA) Fortenberry Lankford further consideration of the bill (H.R. turing and technology. We just need Bishop (UT) Foxx Latham 5326) making appropriations for the De- Black Franks (AZ) Latta the people trained in those areas. This partments of Commerce and Justice, Blackburn Frelinghuysen Lipinski effort, this funding will help encourage Bonner Gallegly LoBiondo Science, and Related Agencies for the many of our young people to enjoy the Boren Gardner Long fiscal year ending September 30, 2013, Boustany Garrett Lucas intellectual stimulation of math and and for other purposes, with Mr. PRICE Brady (TX) Gerlach Luetkemeyer science, and then encourage them to go Brooks Gibbs Lungren, Daniel of Georgia (Acting Chair) in the chair. into careers that are not only fruitful Broun (GA) Gibson E. The Clerk read the title of the bill. Buchanan Gingrey (GA) Mack for them, but will help our country’s The Acting CHAIR. When the Com- Bucshon Gohmert Manzullo economy become more competitive in mittee of the Whole rose earlier today, Buerkle Goodlatte Marchant the global marketplace. an amendment offered by the gen- Burgess Gosar Marino Mr. WOLF. Will the gentleman yield? Burton (IN) Gowdy Matheson tleman from Kansas (Mr. HUELSKAMP) Calvert Granger McCarthy (CA) Mr. CLARKE of Michigan. I yield to had been disposed of and the bill had Camp Graves (GA) McClintock the gentleman from Virginia. been read through page 101, line 10. Campbell Graves (MO) McCotter Mr. WOLF. I thank the gentleman for Pursuant to clause 6 of rule XVIII, Canseco Griffin (AR) McHenry his interest in and advocacy for STEM Capito Griffith (VA) McIntyre proceedings will now resume on those Carter Grimm McKeon education. I share his belief that STEM amendments on which further pro- Cassidy Guinta McKinley education must be a national priority, ceedings were postponed, in the fol- Chabot Guthrie McMorris and I think the more we invest in it, it Chaffetz Hall Rodgers lowing order: Chandler Harper Meehan is very important for this country so Amendment No. 24 by Mr. Coble Harris Mica the 21st century is the American cen- HUELSKAMP of Kansas. Coffman (CO) Hartzler Miller (FL) tury and not the Chinese century. And An amendment by Mr. LANDRY of Cole Hastings (WA) Miller (MI) I look forward to working with him on Conaway Heck Miller, Gary Louisiana. Costello Hensarling Mulvaney this issue as we move forward. Amendment No. 32 by Mr. GARDNER Cravaack Herger Murphy (PA) Mr. CLARKE of Michigan. Mr. Chair, of Colorado. Crawford Herrera Beutler Myrick I yield back the balance of my time. An amendment by Mr. ROHRABACHER Crenshaw Holden Neugebauer Critz Huelskamp Noem Mr. WOLF. Mr. Chairman, I move of California. Cuellar Huizenga (MI) Nugent that the Committee do now rise. An amendment by Mr. LEWIS of Geor- Culberson Hultgren Nunes The motion was agreed to. gia. Davis (KY) Hunter Nunnelee

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