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

Vol. 158 WASHINGTON, THURSDAY, JUNE 7, 2012 No. 85 House of Representatives The House met at 10 a.m. and was B, 3rd Battalion, 22nd Infantry, 25th In- in Elk Rapids, Michigan. He and his called to order by the Speaker pro tem- fantry Division. On June 6, 1969, while wife of 42 years, Christine, raised three pore (Mr. BARTON of Texas). serving as a radio-telephone operator children. f at Fire Support Base Crook in Thai Nin On behalf of the citizens of Michi- Province, when the base came under in- gan’s First District, it’s my privilege DESIGNATION OF SPEAKER PRO tense rocket and mortar attack, Spe- to recognize Clarence Szejbach, an TEMPORE cialist Szejbach secured his radio and American hero, for his service, sac- The SPEAKER pro tempore laid be- followed the company commander to rifice, and continued patriotism. fore the House the following commu- the defense perimeter to observe and nication from the Speaker: report enemy movements. Exposing f WASHINGTON, DC, himself to the rain of enemy fire, he as- ENSURING CHILD CARE FOR June 7, 2012. sisted in resupplying ammunition to WORKING FAMILIES ACT I hereby appoint the Honorable JOE BAR- troops in the bunkers. When the enemy TON to act as Speaker pro tempore on this blew gaps in the wire defenses and at- The SPEAKER pro tempore. The day. tempted to breach the perimeter, he Chair recognizes the gentleman from JOHN A. BOEHNER, helped lead and organize a reaction Washington (Mr. MCDERMOTT) for 5 Speaker of the House of Representatives. force which beat back the hostile minutes. f surge. After the battle subsided, he Mr. MCDERMOTT. Mr. Speaker, ear- lier this month, I introduced the En- MORNING-HOUR DEBATE moved with the command group through the combat area to inspect suring Child Care for Working Families The SPEAKER pro tempore. Pursu- enemy casualties and equipment. As Act to help low-income workers stay in ant to the order of the House of Janu- the group searched the area, a wounded the workforce. My bill creates a guar- ary 17, 2012, the Chair will now recog- enemy soldier threw an anti-tank gre- antee of Federal child care assistance nize Members from lists submitted by nade at the company’s commander. for children up to the age of 13 in fami- the majority and minority leaders for Specialist Szejbach unhesitatingly lies with incomes up to 200 percent of morning-hour debate. moved in front of the officer, deflected the Federal poverty level. This pro- The Chair will alternate recognition the armed weapon, and then picked it gram would be matched with State between the parties, with each party up and threw it. The grenade exploded funds and administered by the State. limited to 1 hour and each Member as it left his hand, inflicting severe Low-income families and single par- other than the majority and minority wounds on him. ents have been bearing the brunt of leaders and the minority whip limited Specialist Four Szejbach’s extraor- this recession. They want to work, but to 5 minutes each, but in no event shall dinary heroism and devotion to duty often can’t afford reliable and appro- debate continue beyond 11:50 a.m. were in keeping with the highest tradi- priate child care, so they are forced to f tions of the Armed Forces and reflect either leave their jobs or to leave their great credit upon himself, his unit, and kids in unhealthy or dangerous envi- HONORING CLARENCE ‘‘SONNY’’ the United States Army. ronments. For many poor people, there SZEJBACH Clarence ‘‘Sonny’’ Szejbach was simply are no better options. The SPEAKER pro tempore. The awarded the Distinguished Service In the 1990s, Federal assistance for Chair recognizes the gentleman from Cross on December 7, 1969, the second- child care programs was established to Michigan (Mr. BENISHEK) for 5 minutes. highest military decoration that can be address this very problem. It was cre- Mr. BENISHEK. Mr. Speaker, let it awarded to a member of the United ated to help low-income families tran- be known that it’s an honor and pleas- States Army. Mr. Szejbach, however, sition from welfare to paychecks. Over ure to pay tribute to Clarence ‘‘Sonny’’ was unaware that he received this the years, funding for this program has Szejbach for his extraordinary heroism honor until nearly 42 years later, when dwindled, despite growing demand. The in connection with military operations an Antrim County Veterans Service Of- Temporary Assistance for Needy Fami- involving conflict with an armed hos- ficer discovered the citation in his per- lies, the TANF legislation, was passed tile force in the Republic of Vietnam, sonnel file. in 1996 to ‘‘end welfare as we know it.’’ for which he was awarded the Distin- Clarence Szejbach returned to his But we failed to provide the necessary guished Service Cross. childhood home of northern Michigan support services to enable poor work- Clarence Szejbach served as a United after his injuries to take over the fam- ing families to succeed. One of those States Army Specialist 4 in Company ily business, Ed and Son Food Market, services is high-quality child care.

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

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VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.000 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3582 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Today, only one of six children eligi- ernment and private space programs by ate jobs at every turn. Even though 56 ble for Federal child assistance re- inspiring and training America’s next percent of Americans think jobs should ceives it. Twenty-two States have generation of explorers, engineers, sci- be Congress’ number one priority, Re- waiting lists for child care. And fami- entists, and leaders. publicans have failed to pass even one lies in 37 States were in worse cir- For emphasis, with nearly 600,000 significant jobs bill. Instead, they work cumstances in February of 2011 than graduates of the program, Space Camp to create another false panic about a they were in February of 2010 as the has a 30-year track record of success in so-called fiscal cliff if they aren’t al- child care waiting list continues to inspiring young people to pursue suc- lowed to immediately extend hundreds grow, copayments rise, eligibility cessful careers, particularly in STEM of billions of dollars in tax giveaways tightens, and reimbursement rates fields. Space Camp alumni include to the wealthiest 1 percent of Ameri- stagnate. NASA mission control directors, NASA cans. After three decades of wage stagna- scientists, NASA engineers, executives Mr. Speaker, there are only two real tion in this country, with paychecks of corporations, State government offi- fiscal cliffs that I see. One is the fiscal failing to keep up with the cost of cials, national news correspondents, as cliff that will push our entire govern- health care, housing, and education, well as soldiers and aviators who de- ment over if they can make good on child care has become an unaffordable fend America’s freedom every day. their threats and force our Nation into necessity for too many Americans. Graduates of Space Camp include three default and shut the government down. A related problem that we also must NASA astronauts and one astronaut The second fiscal cliff is one that Re- acknowledge is the gender wage gap. from the European Space Agency. publicans are pushing American fami- Women only earn 77 cents for every Space Camp contributes to the future lies over the edge of when they cut off, dollar earned by men, according to the of America’s exceptionalism in science, mind you, cut off the emergency exten- Census Bureau. Yet two-thirds of the engineering, and research by instilling sion of critical unemployment benefits women are now either the primary an exciting, life-changing educational for millions of Americans who are breadwinners or co-breadwinners in experience with values of leadership, struggling to find a job. their family. So when there are wage teamwork, and hard work. Space Republicans are telling struggling gaps, entire families suffer. That Camp’s 30th anniversary is the perfect Americans that there is a fiscal cliff if means less money for food on the table opportunity to recognize their impor- you are out of work; they have to cut and everything else that a family needs tant work and incredible achievements. off your employment benefits. They are to survive. I congratulate Space Camp on their telling struggling Americans that Two days ago, Senate Republicans 30 years of unparalleled success and there is a fiscal cliff if you are poor and blocked a bill introduced by Senator wish them well and salute them as hungry; they have to cut your food BARBARA MIKULSKI that would they embark on their next 30 years. stamps. But somehow, if you are rich strengthen the Fair Labor Standards f and a defense contractor, Republicans make it their business to protect you Act’s protections against pay inequi- POVERTY AND UNEMPLOYMENT ties based on gender. As President from facing any cliff or falling off of Obama said, Republicans have once The SPEAKER pro tempore. The any cliff. again put ‘‘partisan politics ahead of Chair recognizes the gentlewoman from This is not the path forward for our women and families.’’ This is wrong. California (Ms. LEE) for 5 minutes. Nation. What we need to do right now Republican Senators ought to explain Ms. LEE of California. Mr. Speaker, is to stop pushing families off fiscal to their constituents why they did not as the founder of the Congressional Out cliffs. We have to support the economy vote for Senator MIKULSKI’s bill. of Poverty Caucus, I rise to continue by investing in the American people. Let me be very clear: equal pay for talking about the crisis of poverty and We need to get back to growing the equal work isn’t just a woman’s issue— the ongoing jobs emergency in America middle class by lifting millions of it’s a family issue. For the millions of today. Americans out of poverty. American women whose families de- Tea Party Republicans are busy Mr. Speaker, we must pass the Amer- pend on their earnings, reliable child blaming the President for our strug- ican Jobs Act, invest in our country’s care is vital. gling economy, and the fact that our infrastructure and transportation It’s time to level the playing field for economy only gained 69,000 jobs last needs, increase job training efforts, and working women. I urge my colleagues month. I want to remind my Repub- strengthen our safety net. Safety net to support H.R. 5188 so that all parents, lican colleagues that it was their de- programs like the Supplemental Nutri- particularly working women, have the regulation, failed economic policies, tion Assistance Program and unem- child care they need to stay on the job. and two wars off-budget that had our ployment insurance just don’t support Nation losing over a million jobs every struggling families, they support small f month when President Obama came businesses all across the country and b 1010 into office. We were losing over a half- in every single congressional district million jobs every single month. regardless of one’s party. SPACE CAMP CELEBRATES 30TH Now they are complaining the Demo- ANNIVERSARY This Congress must ensure that our crats have not been quick enough in Nation’s safety net is a bridge that is The SPEAKER pro tempore. The cleaning up the Republicans’ mess. The strong enough to deliver us all, even Chair recognizes the gentleman from President and a Democratic Congress the most vulnerable, over these trou- Alabama (Mr. BROOKS) for 5 minutes. helped to stem that tide, and now de- bled waters. Mr. BROOKS. Mr. Speaker, today I spite every roadblock and Republican Americans are waiting. Democrats rise to commend the United States obstructionism, our economy is grow- have been prepared to act, and Repub- Space and Rocket Center on its upcom- ing slowly and jobs are slowly coming licans must join us in creating jobs and ing June 15 30th anniversary of Space back. So I don’t understand how any- reigniting the American Dream for all. Camp. Established in 1982, Space Camp one can even try to blame the Presi- f in Huntsville, Alabama, is a national dent’s economic policies when they leader in informal science, technology, have refused to enact any of them. HONORING JOHN ROBERT ‘‘BOB’’ engineering, and math (STEM) edu- Republicans have refused to work SLAUGHTER cation and workforce development. with us and to help Americans refi- The SPEAKER pro tempore. The Space Camp uses the leading edge of nance underwater homes, to help pro- Chair recognizes the gentleman from spaceflight technology simulation to tect investors and consumers by imple- Virginia (Mr. GOODLATTE) for 5 min- teach campers real-world concepts and menting the sound regulations of the utes. skills which translate into future aca- Dodd-Frank bill. Also, they refuse to Mr. GOODLATTE. Mr. Speaker, I rise demic and professional careers for stu- pass the American Jobs Act, or any today, along with Representatives dents and teachers. The Space Camp sort of jobs plan, quite frankly. In fact, MORGAN GRIFFITH and ROBERT HURT, to program provides an essential public Republicans have done everything pos- honor the memory of a constituent, a relations and support role to both gov- sible to obstruct every proposal to cre- World War II veteran, a community

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.003 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3583 leader, and a friend, John Robert b 1020 is charged with sexual misconduct of ‘‘Bob’’ Slaughter. SEXUAL ASSAULT IN THE two women trainees. Staff Sergeant On May 29, 2012, southwest Virginia MILITARY Peter Vega-Maldonado has been lost one of its great American heroes. charged and convicted of sexual mis- The SPEAKER pro tempore. The conduct with one woman. A passionate advocate for veterans and Chair recognizes the gentlewoman from Staff Sergeant Vega admitted in a a driving force behind the National California (Ms. SPEIER) for 5 minutes. plea bargain to having sex with one D-day Memorial in Bedford, it is only Ms. SPEIER. Mr. Speaker, I have woman. His punishment? Ninety days fitting that we honor Bob’s memory as now come to the floor some 21 times to in jail, 30 days of hard labor, reduction we mark the 68th anniversary of D-day tell the story of survivors of military in rank, and forfeiture of $500 a month this week. sexual assault and the institution and in pay for 4 months. After striking the Born on February 3, 1925 in Bristol, culture that failed them. Some would deal with prosecutors, Vega admitted Tennessee, Bob’s family later moved to tell you that the military has learned that he actually had improper contact Roanoke, Virginia. In 1941, at the age from their egregious mistakes and that with 10 trainees. of 15, he joined the Virginia Army Na- they are largely now addressing this Now, mind you, we are not firing problem. The situation I’m describing tional Guard, Company D, 116th Infan- these people. They continue to serve in to you today is happening right now try, 29th Division. A short time later, the military. Vega is not immune to and flies in the face of what we are the United States was attacked at further prosecution, but his admission being told by our military and the Pearl Harbor and entered the war. On of guilt cannot be used against him in Members of Congress who believe that future procedures. Each victim will September 27, 1942, the 29th Division they have this problem under control. set sail for England. have to come forward and the prosecu- Recently, a San Antonio newspaper tion will have to start from scratch. On D-day, June 6, 1944, Bob waded began reporting on a scandal at Vega will be forced to leave the Air ashore to battle the foes of democracy Lackland Air Force Base that is grow- Force, but without a bad conduct dis- at Omaha Beach. He was just 19 years ing by the day. So far, at least four Air charge. Imagine that, without a bad old. His life was forever impacted by Force instructors have been charged conduct discharge. the memories of that day. with sexual misconduct with at least 24 If the military is as vigilant as they trainees. Like many cases of rape and Mr. Speaker, I have stood on Omaha say they are, how could such a repet- sexual assault, the perpetrators are not Beach in Normandy at low tide, which itive, widespread, and sickening behav- denying that they engaged in sexual ior still be occurring? What is being was the circumstances when these misconduct; they simply contend that brave men landed there on June 6, 1944. uncovered at Lackland flies in the face the sex was consensual. It comes down of what we are being told by our mili- The width of that beach, the distance to the words of the accused and the ac- that they had to come out of those tary. Is this what zero tolerance means cuser—the instructor against the train- in the military? landing boats through withering ma- ee. In the military, this usually means chine gun fire, bombs, and mines, is ab- Former Air Force Secretary Whitten the perpetrator gets off or receives a was quoted in the newspaper saying: solutely a remarkable demonstration disproportionately small punishment of the courage of those men to liberate The age-old problem is that you’re putting and the victim endures an arduous and very smart, attractive people, marrying age, Europe. humiliating legal process with little together in close quarters. It’s a cir- Despite being wounded twice in com- sense of justice at the end. cumstance that is difficult and really re- bat following D-day, Bob remained in Two of the women that have come quires restraint. Sometimes restraint is very the field until the end of the war in forward were called over an intercom 2 difficult. 1945. After the war, Bob returned to Ro- days after they graduated from basic Secretary Whitten doesn’t get it. The anoke, where he had a long career with training last fall and asked to leave age-old problem in the military is atti- the Roanoke Times & World-News. He their dorm and to meet their instruc- tudes like this. The age-old problem in was dedicated to his family and was tors. In a dimly lit supply room, the the military is a broken justice system also active in the community, coaching women said they had sexual relations that delivers weak sentences, if any. a basketball team for local youth. with their instructor. ‘‘I was frozen,’’ The age-old problem in the military is one of the women said, explaining that that nine out of 10 women Staff Ser- Bob showed great determination by her mind was racing. ‘‘I tried to geant Vega has now admitted to com- working to ensure that there was a think.’’ Both women said failure to fol- mitting sexual misconduct with have proper memorial to the countless men low orders could cause them to be re- not come forward because they know who took part in the D-day invasion. tained in basic training under the very that the odds of getting justice are On June 6, 1994, the 50th anniversary of instructors that assaulted them. slight and the odds of their careers D-day, Bob walked Omaha Beach with While unnerved about the order to being finished are great. President Bill Clinton. On June 6, 2001, leave their dorms, they told themselves What is happening at Lackland Air Bob’s dream became a reality when the it had to be legitimate. From the day Force Base should and needs to be a National D-day Memorial in Bedford they entered the military, they had wake-up call. This problem is hap- was dedicated by President George W. been trained—and required—to follow pening now, and it is systemic. Bush. the orders of their instructors, even Victims are still not coming forward Thanks in large part to his efforts, those that didn’t make sense. This may because of what keeps happening— the National D-day Memorial now be hard for some in the civilian world backwards attitudes of blaming the stands in Bedford, where it serves as a to relate to, but it is the constant re- victim, and disproportionately weak constant reminder of those who paid ality within our Armed Forces. It is in- sentences. Writing off survivors as the ultimate price to protect the free- grained in our military servicemen and women who had consensual sex and doms that we hold so dear. -women to follow the orders of their now have regrets is insulting and I’m chain of command and never, ever dis- afraid how many in our military see The life of Bob Slaughter is a true obey. The justice system is also be- this problem. testament to the ‘‘Greatest Genera- holden to this chain of command, but I The Department of Defense has so far tion.’’ We are honored to have known will get to that a little bit later. been unable to appropriately address Bob and pay tribute to this great man’s Staff Sergeant Luis Walker, a mili- this problem—and Lackland is proof of many contributions. We pray for his tary instructor, is charged with sexu- that. family—his wife of 65 years, Margaret ally assaulting 10 women, including We—Congress—need to act to cir- Leftwich Slaughter; his two sons; two sodomy and rape. Staff Sergeant cumvent the chain of command and grandchildren; and two great-grand- Kwinton Estacio is charged with sexual give discretion to an impartial office to children—during this difficult time. We misconduct with one woman, violating determine and facilitate the appro- join the entire community in mourning a no-contact order, and obstruction of priate path for perpetrators and vic- the loss of this American hero. justice. Staff Sergeant Craig LeBlanc tims. We need to fix the system that

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.005 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3584 CONGRESSIONAL RECORD — HOUSE June 7, 2012 survivors who report are now facing, Our health care system desperately SAVE, for voter registration purposes, right the injustices suffered by those needs market-based and patient-cen- is one of the permissible uses. This is that have already gone through this tered reform, not a government take- within their own documents as it re- system and provide the care, resources over. It is critical that the House con- lates to the operation of DHS. By deny- and understanding for these survivors tinue to fight against ObamaCare until ing access to the SAVE database, DHS to get better. either the Supreme Court overturns is preventing States from ensuring to f the law in its entirety or until we have the best of their ability that the integ- willing partners in the Senate and in rity of our elections is saved and pre- OBAMACARE, MEDICAL DEVICE, the White House. served. MEDICINE CABINET TAX RE- As we move forward with appropria- PEALS, AND FSA IMPROVEMENT f tions for Homeland Security, I feel we The SPEAKER pro tempore. The BROADCAST WARNINGS THROUGH need to acknowledge the DHS refusal Chair recognizes the gentlewoman from MOBILE DEVICES to meet this basic need and a basic re- Tennessee (Mrs. BLACK) for 5 minutes. The SPEAKER pro tempore. The quest of our States. DHS’ stonewalling Mrs. BLACK. Mr. Speaker, as one of Chair recognizes the gentleman from is not something the people of Florida the most outspoken opponents of Michigan (Mr. CLARKE) for 5 minutes. deserve, and it certainly isn’t some- ObamaCare, I hope that in the coming Mr. CLARKE of Michigan. Mr. thing that elected officials should tol- weeks the Supreme Court strikes down Speaker, as a member of the House erate. this disastrous piece of legislation. But Committee on Homeland Security, I’d Mr. Speaker, Floridians should not the fact is no matter what the Supreme like to thank our broadcasters for pro- be denied the right to the fairest and Court decides about ObamaCare, it viding free radio and television broad- most accurate elections possible. Flo- does not change the reality that this casting and warnings to our public that ridians’ votes should not be diminished law is horrible policy. protects our families from impending because of political maneuvering by a In just 3 short years, ObamaCare has disasters. Federal agency. No vote should be already resulted in fewer jobs, higher And to better warn our public in fu- counted when it’s cast by someone who health care costs, and more debt. ture emergencies, I ask this Congress is not eligible to vote in the United That’s why I have voted more than a to consider how we can make local free States, vis-a-vis, they’re not a citizen dozen times to either defund or repeal radio broadcasting available on all of of this country. ObamaCare since being elected to Con- our cell phones. You see, providing DHS, through their SAVE program, gress. For instance, last November, my has the ability to pass that informa- legislation that closed a loophole in these broadcast warnings through our tion on to States. Florida is not the the health care law and saved tax- mobile devices could be the most effec- only State that has requested this in- payers $13 billion was signed into law. tive way that we can protect our fami- Today, the House will vote on legisla- lies when disaster hits. formation from DHS. DHS has, I be- tion to repeal two of the ObamaCare f lieve, an ethical responsibility to pro- law’s most egregious job-killing taxes vide that information because it’s con- MAINTAINING INTEGRITY IN tained within their own bylaws and op- in this law: one, the medical device ELECTIONS manufacturing tax; and, two, the medi- eration procedures within the Depart- cine cabinet tax. The SPEAKER pro tempore. The ment of Homeland Security; and they According to the Joint Tax Com- Chair recognizes the gentleman from have just stonewalled the States in re- mittee, the medical device tax increase Florida (Mr. NUGENT) for 5 minutes. gard to them trying to make sure their will take away $29 billion from job cre- Mr. NUGENT. Mr. Speaker, I think voter rolls are the most accurate pos- ators over the next decade. These high- we can all agree that the integrity of sible. er costs will be passed along to con- our elections is of fundamental impor- Mr. Speaker, I believe that they are sumers, like veterans with prosthetics tance to our democracy. We need to en- doing a disservice to the American pub- and seniors with pacemakers and hip sure that everyone who is eligible to lic. Every vote should count. Every replacements. vote has the ability to vote, and those vote should count, and DHS should be This bill will also repeal the medi- that are ineligible to vote are stopped required to submit the information to cine cabinet tax increase, which pre- from voting in our elections. the States so they can make sure that vents owners of health savings ac- We also have the responsibility to en- their voter rolls are as accurate as pos- counts, or HSAs, or flexible spending sure that this responsibility falls large- sible. accounts, FSAs, from using these ac- ly on the States to ensure that voters f counts to purchase nonprescription, have the right to vote that are eligible HONORING THE ACHIEVEMENTS OF over-the-counter medications. to. They do this by making sure that DR. AL MANN ObamaCare’s limitation on purchasing their voter rolls are clean, that their over-the-counter medications will re- voter rolls are accurate. It’s important The SPEAKER pro tempore. The sult in longer wait times for those who that States have the ability to do that. Chair recognizes the gentleman from truly need the care and will also drive In my own State of Florida and oth- California (Mr. ROHRABACHER) for 5 up health care costs. ers throughout this country, the Fed- minutes. In addition to repealing these disas- eral Government is being asked to Mr. ROHRABACHER. Mr. Speaker, trous tax hikes, the bill also improves help. there are many heroic people among us the flexible spending accounts by al- who have been involved in making our 1030 lowing participants to get back unused b quality of life in America the best the FSA dollars, up to $500, as taxable The Department of Homeland Secu- world has ever seen and, at the same wages in the subsequent year. Under rity, in particular, has been unwilling time, uplifting all of humankind. While current law, any unused balance goes to help those States that are asking for we oftentimes focus our gratitude and back to the employer and is lost by the it. our adoration on politicians and ath- employee. This reform to the FSA ac- Mr. Speaker, DHS is denying Florida letes and movie stars, we need to ac- counts rewards, rather than penalizes, the process to access what is called the knowledge the many innovators, inven- consumers for being healthy and saving Systematic Alienation Verification En- tors, and technology entrepreneurs their money. titlement database, or SAVE, as it’s who have played a significant role in Before coming to Congress, I worked commonly referred to. SAVE undoubt- overcoming the many challenges we in health care as a registered nurse for edly is the best database for the States humans face together, challenges to more than 40 years. I have seen first- to use to cross-reference and cross- our health and limitations to our phys- hand the problems and obstacles pa- check their voter rolls for eligible or ical well-being. tients and health care providers face. ineligible voters. One of the most heroic of these spe- But ObamaCare is only serving to exas- DHS is denying us access to this cial people is Dr. Al Mann. He flew in perate the current problems and cre- database, despite its own documents B–29s during World War II; and upon ates entirely new problems. and regulations clearly stating that his return home, Al decided, instead of

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.002 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3585 pursuing a career in the armaments in- the COST of providing health care NOT just fits compared to risk AND cost in something dustry, which could have been very lu- targeting the PRICE. like a more rigorous REMS program. crative, he would dedicate his life to There are multiple reasons for the price of Our nation is in a crossroad on many drugs, but I assert that the earlier generic fronts. In health care the barriers are pre- building technologies that would im- drug law has actually led to an INCREASE venting our ability to topple diseases such as prove the human condition. in the PRICING of drugs. It takes as long as cancer and Alzheimer’s that so many of is Among his many achievements are 15 years—or even longer—and $1–$1.5 billion will face. Not only are we harming and even the following: a vast improvement over to gain regulatory approval of a new drug. precipitating death of many of our people pacemaker technology, which then With only 20 years of exclusivity before a ge- but we are losing economic growth and the made that available to so many mil- neric drug is approved it should be obvious engine for good paying jobs. Our government that the price of a new drug must be very is the most significant obstacle to medical lions of people whose lives have been progress today. We have new tools from new changed because of it and extended be- high just to recover the development cost let alone a profit. Even the price of the generic science that could make such a difference if cause of it. version of a drug is typically only mod- only there were not the barriers to innova- He also was involved in inventing, erately discounted from the innovative drug tion that we see today. and it was his invention, a diabetic rather than priced based on the manufac- I am 86 years old and surely my objective pump, a small mechanism that at- turing cost. is not self serving. For the past four decades taches to the body and allows patients If you question the impact of the current I have been committed to trying to find solu- generic drug law just ask yourself how many tions to unmet and poorly met health care to escape some of the worst ravages of needs. Yet I am so disgusted by the overly diabetes. $5 and $10 drugs there were before that law. It only costs pennies to make a pill. How- restrictive process to medical innovation He perfected the fully implantable ever, only by charging high prices can the that has been created by our government cochlear implant, an electronic device high costs of pharma development be recov- that I have begun to sell off most of my sev- that provides patients, some of whom ered with any profit during the brief period eral ventures. It is no longer worth the effort have never been able to hear, with the of patent protection remaining after regu- and the agony. I am sending this communication to all the ability to hear sound almost as well as latory approval. Passing legislation to further ease and Representatives whose e-mail addresses I those of us who hear naturally. have. I would appreciate your forwarding His latest invention and innovation speed the availability of generic drugs will not likely lower pricing; if anything it would this to your other colleagues. LFRED E. MANN. would allow diabetics to receive their likely just reduce innovation of new drugs. A insulin through an inhaler rather than That slowing is already beginning; most of f a syringe, a huge breakthrough that the major pharma companies have already RECESS could be so meaningful to so many peo- begun downsizing R&D. Surely that is not in ple who are suffering. our interest when there are new advanced The SPEAKER pro tempore. Pursu- His achievements ought to serve as technologies that could significantly im- ant to clause 12(a) of rule I, the Chair an example of the power of innovation prove and extend life. declares the House in recess until noon in our country. Just as incredible as We need to evaluate how we can speed and today. lower the cost of bringing a new drug to mar- Accordingly (at 10 o’clock and 37 his inventions themselves, Dr. Mann ket rather than counting on the generics. accomplished all of this with private minutes a.m.), the House stood in re- There are various approaches that should be cess. funds. And instead of relying on gov- explored. One approach might be to delay ap- ernment grants or contracts, Dr. Mann proval of a generic to allow more time of ex- f made the risky investments of his own clusivity rather than to ease the generic reg- b 1200 and those of his investors; and then, ulatory process. There was such a delay built AFTER RECESS with his labor and genius, when it paid into the earlier bills, but that was certainly off, he reaped the benefits, which he not adequate. Unfortunately it will not be The recess having expired, the House easy to reverse the pricing practices of then plowed back into more research to was called to order by the Speaker at drugs—the companies and Wall Street have noon. help even more people eliminate even all gotten used to the high prices. more suffering. Of course the price of drugs is but a tiny f Instead of receiving assistance from part of the cost of health care. We ought to PRAYER his government, Dr. Mann has, instead, be reexamining many aspects of our health The Chaplain, the Reverend Patrick run into bureaucratic obstacles time care system. We do need to reduce the price J. Conroy, offered the following prayer: and again. As legislators, we have a re- of health care—including the cost and the price of drugs. However, the challenge is not God of grace and goodness, thank sponsibility to ensure that the Federal so simple as just approving generic drugs You for giving us another day. Government’s actions, at the very more quickly. Your divine wisdom and power are least, do not thwart the heroic In fact the problem is not just the pricing; abundantly sufficient for our many innovators such as Dr. Al Mann. today many potentially valuable improve- needs. Endow the Members of this as- For this reason, I submit for the CON- ments and even new breakthrough drugs do not ever reach the market because of the sembly with a loyalty that never wav- GRESSIONAL RECORD a letter Al Mann ers and a courage that never falters as recently penned. I encourage all of my regulatory hurdles. This problem and the costs will certainly become far greater as we they seek to fulfill the high and holy colleagues to read what he has to say move to more personalized medicine. mission which You have entrusted to and to take seriously the disturbing The consequence of easing the creation of them. observations with our current system, generics may even worsen from what we see May it be their purpose and all of as well as his recommendations on how today; future breakthrough therapies may ours to see to the hopes of so many we can ensure that the incredible po- simply not become available in the U.S.! I Americans that we authenticate the tential of human innovation can be and just heard from a very credible person of a grandeur and glory of the ideals and meeting of 12 advanced pharma companies will be brought to play in improving principles of our democracy with the the lives of the American people and discussing how to deal with the current regu- latory challenges. I am told that 11 of those work we do. people everywhere. 12 companies are intending to launch their Grant that the men and women of the LETTER FROM AL MANN: The Senate has new products outside the U.S. and just to ig- people’s House find the courage and just passed a bill to speed the availability of nore the U.S. patients. Heretofore wealthy wisdom to work together to forge solu- generic drugs. Hopefully that bill will die in foreign patients came to the U.S. for supe- tions to the many needs of our Nation the House. I say that the problem is not the rior medical treatment. Perhaps that prac- and ease the anxieties of so many. pricing of drugs but the cost. What are need- tice may be reversing. May all that is done this day be for ed are means for effectively lowering the ex- We want to protect our people from unsafe Your greater honor and glory. pense and time to get a new drug approved. drugs. The challenge is how to do so in a Amen. That would lower the costs and hopefully the more cost effective and more timely manner. pricing of drugs, and that would certainly be I have suggested that we should redirect the f a worthwhile objective. regulatory standards to concentrate on safe- THE JOURNAL I am shocked and disappointed at the lack ty, to lower the initial bar for efficacy to of understanding of this issue by the Con- minimal requirements during a reasonable The SPEAKER. The Chair has exam- gress. I certainly agree that we must seek safety trial and then to issue a ‘‘provisional’’ ined the Journal of the last day’s pro- ways to lower health care expense. I say that approval. That provisional approval would be ceedings and announces to the House to do so we must focus on ways to LOWER subject to a thorough review of clinical bene- his approval thereof.

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.008 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3586 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Pursuant to clause 1, rule I, the Jour- cans to afford to go to college. The cost grams teach our children leadership nal stands approved. for a higher education at a public 4- and sportsmanship, help improve aca- f year school has almost tripled in the demics, and promote fitness and last 17 years. Americans now owe more wellness for a lifetime, but more needs PLEDGE OF ALLEGIANCE money in tuition than they do in credit to be done to ensure the health and The SPEAKER. Will the gentleman cards. According to the Consumer Fi- safety of our youth athletes. from South Carolina (Mr. WILSON) nancial Protection Bureau, educational They are increasingly susceptible to come forward and lead the House in the loan debt in our country has reached $1 injuries, which is why the institute’s Pledge of Allegiance. trillion. work to advance and disseminate the Mr. WILSON of South Carolina led Education is one of the biggest deter- latest research in keeping kids safe on the Pledge of Allegiance as follows: mining factors for earning potential. the field is so critical. On June 1, the Those who have bachelor’s degrees earn National Youth Sports Health & Safety I pledge allegiance to the Flag of the United States of America, and to the Repub- double the salary of those with high Institute met to launch a new call to lic for which it stands, one nation under God, school diplomas. Those with associate action to all youth sports’ stakeholders indivisible, with liberty and justice for all. degrees earn 50 percent more than in America. those with high school diplomas. I am As founder and cochairman of the f also a strong supporter of fully funding Congressional Caucus on Youth Sports, ANNOUNCEMENT BY THE SPEAKER Pell Grants, which provide Federal I applaud this effort. As inactivity re- mains alarmingly widespread, we must The SPEAKER. The Chair will enter- grant aid for students to make college more affordable. continue to expand sports and rec- tain up to 15 requests for 1-minute Access to higher education is an in- reational opportunities that promote speeches on each side of the aisle. vestment in the future economic sta- physical activity and wellness in the f bility of our Nation. We must put aside health of our children, but also always OVERSEAS CONTINGENCY OPER- partisan differences and work together remember that their safety must re- to preserve Pell Grants and to prevent ATIONS MUST WITHSTAND SE- main paramount. the student loan rate from doubling on QUESTRATION f July 1. YUCCA MOUNTAIN (Mr. WILSON of South Carolina f asked and was given permission to ad- (Mr. PITTS asked and was given per- dress the House for 1 minute and to re- STUDENTS BEAR THE BRUNT OF A mission to address the House for 1 vise and extend his remarks.) BAD ECONOMY minute and to revise and extend his re- Mr. WILSON of South Carolina. Mr. (Mr. HULTGREN asked and was marks.) Speaker, last Thursday, the Pentagon given permission to address the House Mr. PITTS. Mr. Speaker, the Amer- confirmed House and Senate Repub- for 1 minute.) ican people have lost more than $15 bil- licans’ concerns by finally acknowl- Mr. HULTGREN. Mr. Speaker, it is a lion to cronyism. Pennsylvanians alone edging that the Overseas Contingency tough time to be a student in America. have lost $1.4 billion. Operations, a fund used to support The President’s health care bill, if Right now, in southern Nevada, there troops in combat, will be subject to the not repealed, will make school health is an expensive hole in the ground sequestration cuts. plans much more expensive. According where there should be a nuclear waste The Office of Management and Budg- to The Wall Street Journal, some plans repository. We should be storing dan- et’s senior adviser and associate direc- that were $440 a year are going up to gerous nuclear waste at a single secure tor for Communications and Strategic $1,300 or $1,600. Many schools will drop and geologically sound location. In- Planning, Kenneth Baer, understands coverage altogether either because of stead, much of it sits aboveground at that if the sequester ‘‘were to take ef- cost or because of the President’s birth dozens of sites scattered across the fect, it would be disastrous for our na- control requirement. Students and United States. tional security.’’ young adults will then likely choose When President Obama appointed House Republicans have always been the cheapest option—going uninsured HARRY REID’s aide, Gregory Jaczko, as aware of the impacts sequestration will and paying a fine to the government. the Nuclear Regulatory Commission have on our brave men and women Then, in July, student loan interest chairman, he shut down Yucca Moun- serving in uniform and the impacts it rates are set to increase because of tain against the express wishes of Con- will have on their families. Last choices made by leading Democrats. gress. Jaczko even tried to stop the ap- month, House Republicans passed the Student loan debt now exceeds credit plication process, defying a court order Sequester Replacement Reconciliation card debt in U.S. households, and the to continue certifying the safety of the package, which is legislation that re- rate at which recent grads are under- facility. duces the spending for unnecessary employed or unemployed is 50 percent. Yesterday, this House overwhelm- programs used to promote the Presi- No wonder students are moving back in ingly voted to give the NRC an addi- dent’s liberal agenda, in order to use with their parents and are more likely tional $10 million to do its job. No those funds to provide for a strong na- to take part-time jobs just to make more excuses. Do the work so that we tional defense. I urge my colleagues in ends meet. know whether Yucca Mountain is safe. the Senate to take action immediately These failed policies and the bad f economy have pushed young adults and pass this bill. NATIONAL OCEANS WEEK In conclusion, God bless our troops, into survival mode. (Ms. WOOLSEY asked and was given and we will never forget September the f permission to address the House for 1 11th in the global war on terrorism. THE NATIONAL YOUTH SPORTS minute and to revise and extend her re- f HEALTH & SAFETY INSTITUTE’S marks.) CALL TO ACTION Ms. WOOLSEY. Mr. Speaker, a PREVENT THE DOUBLING OF THE (Mr. MCINTYRE asked and was given strong American future depends on the STUDENT LOAN RATE permission to address the House for 1 sound stewardship of our oceans. (Mr. SIRES asked and was given per- minute and to revise and extend his re- Nowhere is the ocean more magnifi- mission to address the House for 1 marks.) cent and majestic than off of northern minute.) Mr. MCINTYRE. Mr. Speaker, I rise California’s Sonoma County coast. Mr. SIRES. Mr. Speaker, in less than today to recognize the work of the Na- These are some of the most abundant 1 month, the interest rate for student tional Youth Sports Health & Safety waters on Earth, but much of the area loans is scheduled to double from 3.4 to Institute. I am pleased to serve as an is vulnerable to ‘‘drill, baby, drill’’ en- 6.8 percent. honorary member of the institute’s thusiasts. This increased rate, combined with leadership board. That’s why I have offered a bill to the skyrocketing costs for college, will In the United States, 50 million chil- more than double the size of our exist- make it extremely difficult for Ameri- dren participate in sports. Sports pro- ing national marine sanctuary off

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.010 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3587 these coastal areas, giving these waters gagement, refuse to provide informa- Dean Kessler; his father, Joe; step- the permanent protection they need to tion on how they reach their often con- mother, Nancy; as well as two younger protect them from oil and gas explo- tradictory conclusions, and dismiss the brothers, a stepsister, and a step- ration. This legislation is a win-win—a idea that they were accountable to this brother. pro-environment and pro-economic re- body or to the public. That is why I’m I would like to extend my gratitude covery bill. It is a conservation imper- calling on the Postal Board of Gov- to Second Lieutenant Morgado and his ative, and it would provide a boost to ernors to proceed with immediate ac- family. I ask my colleagues to join me our commercial fishing industry and to tion to replace Postmaster General in honoring his service to his country. our local tourism industry. Patrick Donahoe. He served America well with courage In recognition of World Ocean Day, I Mr. Speaker, I don’t take this action and honor. I ask all of Congress to join urge my colleagues to sign on to my lightly, but I believe that we are left me in thanking his family as they bill, H.R. 192, the Gulf of the with no choice. We must protect the in- grieve at his loss and to express our Farallones and Cordell Bank National stitution of the Postal Service and the condolences to all of them. Marine Sanctuaries Protection and people and businesses it serves. f Modification Act. f STATE SENATOR BOB BACON f ULA’S 60 SUCCESSFUL MISSIONS (Mr. GARDNER asked and was given b 1210 (Mr. BROOKS asked and was given permission to address the House for 1 PROTECT MEDICAL INNOVATION permission to address the House for 1 minute.) ACT minute.) Mr. GARDNER. Mr. Speaker, I rise Mr. BROOKS. Mr. Speaker, I rise today to honor and thank Colorado (Mr. BENISHEK asked and was given today to applaud the achievements of State Senator Bob Bacon for his 14 permission to address the House for 1 the Air Force’s Evolved Expendable years of service in the Colorado State minute.) Launch Vehicle program and the EELV Legislature. Mr. BENISHEK. Mr. Speaker, as a industry team led by the United After serving for 6 years in the Colo- doctor, who has taken care of patients Launch Alliance. Just recently, ULA rado House of Representatives and 8 in northern Michigan for 30 years, I placed their 60th consecutive mission years in the Colorado Senate, Bob is re- strongly support the Protect Medical into orbit, the best record in the world. tiring from elected office to uphold the Innovation Act. This initiative will re- ULA’s Alabama employees work tire- Colorado State Legislature’s commit- peal the President’s $29 billion job-kill- lessly to produce launch vehicles that ment to term limits. ing tax hike on our medical device are the backbone of America’s national I had the opportunity to serve along- manufacturers. defense satellite program. ULA’s suc- side Senator Bacon in the State legis- There are medical device businesses cess and partnership with the govern- lature and know that Coloradans will in my district that employ hundreds of ment in achieving on-time delivery and miss a true champion for northern Col- people. These job providers should not success is a testament to the patriotic orado. As an educator for over 35 years, be punished to pay for President bond between the private sector and Senator Bacon’s insight into the class- Obama’s health care law. America’s warfighters. room and education system helped I’m a doctor, not a tax expert, but I ULA’s 100 percent success record shape the policies that support Colo- know tax hikes on our job providers makes the challenging task of getting rado students. will hurt northern Michigan’s econ- to orbit look easy, but, in fact, the Senator Bacon served Coloradans omy. To me, it makes no sense to tax company has built upon the expertise well and has a genuine passion to help medical innovation. If this tax increase gained over 50 years, setting a standard the students and citizens of Colorado. is enacted, there is little doubt these for mission success that all others as- He was twice elected to the Poudre costs will be passed down to consumers pire to achieve. School District for the board of edu- and increase health care costs. ULA’s record is a testament to the cation before he served in the State Mr. Speaker, I spent my entire career quality of the EELV program. It is an legislature, and his commitment and serving my community as a doctor. I honor to represent the men and women service were recognized by the naming want to see real health care solutions who work at ULA’s Alabama facility. of Bacon Elementary School in Fort that put patients in control of their f Collins in his honor. care, not the Federal Government. Today, I would like to formally rec- HONORING SECOND LIEUTENANT I believe we need to listen to the ognize Senator Bacon’s outstanding TRAVIS MORGADO American people about the need for commitment and thank him for his real health care reform. I recommend (Ms. ZOE LOFGREN of California hard work, dedication, and selfless na- we enact free-market reforms like let- asked and was given permission to ad- ture when serving the citizens of ting people purchase health insurance dress the House for 1 minute and to re- Larimer County and the students of across State lines, encouraging med- vise and extend her remarks.) Colorado. ical innovation, and allowing patients Ms. ZOE LOFGREN of California. Mr. f more flexibility in deciding how to Speaker, I rise today to recognize and spend their health care dollars. honor the life and service of Army Sec- KEEP STUDENT LOANS AFFORDABLE f ond Lieutenant Travis Morgado, who was killed in action on May 23 in the (Ms. BERKLEY asked and was given REPLACE POSTMASTER GENERAL Kandahar Province of Afghanistan. He permission to address the House for 1 PATRICK DONAHOE was 25 years old. Travis was the son of minute and to revise and extend her re- (Mr. HIGGINS asked and was given Joe Morgado of San Jose, and our com- marks.) permission to address the House for 1 munity was greatly saddened to hear of Ms. BERKLEY. Mr. Speaker, I would minute.) his passing. like to bring to your attention an issue Mr. HIGGINS. Mr. Speaker, in the Born in Los Gatos, he moved to Ed- that is extremely important to me and past year, the United States Postal monds, Washington, with his mother the middle class families around the Service has attempted to close thou- when he was 5. He graduated from the country: the ability for every student sands of its facilities across the Nation. University of Washington with a degree in America who so desires to get a col- Though many, including the mail proc- in civil engineering in 2009 and enlisted lege education. essing facility in Buffalo, have been in the Army, determined to serve his My dad was a waiter when I was spared, the process gives me no con- country. He deployed to Afghanistan growing up. I’m the first person in my fidence that the current postal leader- on March 20 and was tragically killed family to go to college with the help of ship should lead this organization dur- while conducting operations in support student loans. I know firsthand the in- ing this challenging time. of Operation Enduring Freedom. valuable role that student loans play in Regarding the proposed closures, Second Lieutenant Morgado leaves helping Nevada’s middle class families postal executives discourage public en- behind his mother, Andrea; stepfather, enable their children to get a college

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.011 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3588 CONGRESSIONAL RECORD — HOUSE June 7, 2012 education. That is why I am so pleased Mr. ISRAEL. Mr. Speaker, I have Our State of Minnesota is home to that President Obama is visiting my often said that I’m truly partisan over 400 medical device manufacturers. alma mater today, the University of about one thing, not Democrats versus We have over 35,000 people that are em- Nevada, Las Vegas. He will call on Con- Republicans, but Mets fans versus ev- ployed in this important industry that gress to focus on keeping student loans eryone else in the country. benefits all of the United States, 35,000 affordable for Nevada’s families as we Last Friday, Mr. Speaker, the Mets people. That about fills the Twins’ Tar- approach the July 1 deadline when stu- had something worth saluting. Johan get Field. That’s a lot of people who dent loans will double. Santana threw the first no-hitter in potentially could lose jobs in our home Mr. Speaker, right now families the history of my beloved New York State. across the country are sitting around Mets. Now, more important than a no- I refuse to see a single job lost in their kitchen tables anxiously figuring hitter is the lessons it teaches all Minnesota or in any of our States in out how to give their children the op- Americans. our great country due to the legisla- portunity to go to college. They’re Johan Santana had surgery that they tion known as ObamaCare. Without re- counting on this Congress to stop wor- thought would end his career. He didn’t pealing the medical device tax, jobs rying about protecting Wall Street cor- give up on himself; he didn’t give up on will be lost and also the costs of health porations and Big Oil companies for New York. He’s never given up on his care will go up. just a few minutes and help their sons roots in Venezuela, didn’t give up on I urge my colleagues to get behind and daughters go to college. the children of Venezuela that he sup- ERIK PAULSEN’s important piece of leg- I hope that we’re up for this chal- ports through his foundation. He hasn’t islation. I know I will. lenge. given up on the children of 9/11 that he f supports through Tuesday’s Children. CAMPAIGN SPENDING f It’s not the no-hitter that counts, COMMEMORATING THE BATTLE OF Mr. Speaker. It is the spirit and the de- (Mr. MCNERNEY asked and was MIDWAY termination and the dedication of given permission to address the House for 1 minute.) (Ms. KAPTUR asked and was given Johan Santana. That is what makes me a baseball fan. That is what makes Mr. MCNERNEY. Mr. Speaker, big permission to address the House for 1 money from corporations and billion- minute and to revise and extend her re- baseball America’s pastime, and I am very pleased and proud to salute Johan aires is corrupting Washington and marks.) hurting the middle class. To make Ms. KAPTUR. Mr. Speaker, yester- Santana and Mets fans everywhere. Mr. Speaker, let’s go Mets. matters worse, 2 years ago the Su- day, our Nation remembered and com- f preme Court decided in the Citizens memorated the 68th anniversary of D- United case to open up campaign day, the World War II allied invasion of STUDENT DEBT spending to secret, unlimited dona- Normandy, France, and the beginning (Mr. WELCH asked and was given tions, possibly even from foreign of the liberation of Europe from the permission to address the House for 1 sources. forces of tyranny. minute and to revise and extend his re- Let’s be clear: a handful of corpora- Today, I want to commemorate an- marks.) tions and billionaires are trying to buy other historical World War II battle—70 Mr. WELCH. Mr. Speaker, in just 23 elections and control of our govern- years ago, the Battle of Midway, when days, the interest rates on Stafford ment. We need new rules to make the United States Navy struck back at student loans will double from 3.4 per- Washington work for the middle class. imperial Japan, turning the tide in the cent to 6.8 percent. Now, one of the few We need to limit political contribu- Pacific and paving the way toward a things that we agree on in this Con- tions, and the public has a right to great American victory at sea. gress is that the low interest rates know who is paying for political ads. Six months earlier, Japanese planes should be extended, yet we’ve been un- Hey, because of Citizens United, our infamously attacked Pearl Harbor, able to get across the goal line. government is for sale. We need to drawing the United States into that Congress needs to find the moral stand shoulder to shoulder to stop Big war. Yet our Navy recovered quickly imagination and the will to get this Money from destroying our democracy. and mobilized under the leadership of done before July 1. Every day we wait, f Admiral Ernest King, from the port we’re imposing an immense amount of HONORING WINONA AREA city of Lorain, Ohio, on Lake Erie, and anxiety on students, parents, and the CHAMBER OF COMMERCE Admiral Chester Nimitz. economy. With the odds against them, our U.S. Take Brian, from Grand Isle. He has (Mr. WALZ of Minnesota asked and Navy boldly struck back at the Battle $100,000 in student loans. He’s got two was given permission to address the of Midway. Over 4 days, the Japanese daughters; they each have $20,000 in House for 1 minute and to revise and lost all four of the large carriers that debt. His third daughter is in school extend his remarks.) had attacked Pearl Harbor, not to men- with tuition costs that are up to Mr. WALZ of Minnesota. Mr. Speak- tion a heavy cruiser, 248 carrier-based $40,000. er, I rise today to honor the Winona, aircraft, and more than 3,000 men. The Brian is working 65 hours a week, but Minnesota Area Chamber of Commerce United States lost one carrier, the he can’t keep up. He can’t even begin on their centennial celebration. Yorktown, one destroyer, and 340 men. to think about retirement. It’s not an On April 22, 1912, at the then-urging Today, we commemorate this major option. He’s just trying to get from day of then-President Taft, the U.S. Cham- historic achievement of our Navy. We to day and afford to keep his daughter ber of Commerce was established by a honor the sacrifice of those who fought in college. gathering of 700 delegates from across for us and died for us, and we express Mr. Speaker, this Congress has 23 the country, including innovative peo- abiding gratitude for the bravery and days. We’re running out of time. ple from Winona, Minnesota. Even before the national chamber dedication of all who fought in this f was formed, those very people in Wi- battle in service to our Nation and PROTECT MEDICAL INNOVATION freedom’s cause. nona had the foresight to establish Today, the free world remembers the (Mrs. BACHMANN asked and was their own local association of commu- Battle of Midway. given permission to address the House nity and business leaders that would for 1 minute and to revise and extend give rise to that great city on the Mis- f her remarks.) sissippi. While the last 100 years have b 1220 Mrs. BACHMANN. Mr. Speaker, as a seen many changes, one constant in Representative of the great State of the Winona community has been the HONORING JOHAN SANTANA Minnesota, I stand here in support of chamber. (Mr. ISRAEL asked and was given my colleague Representative ERIK Since its inception, the Winona Area permission to address the House for 1 PAULSEN’s bill to eliminate and repeal Chamber of Commerce has been work- minute and to revise and extend his re- the medical device tax on the new ing to ensure local small business own- marks.) ObamaCare legislation. ers have the tools they need to succeed.

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.013 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3589 While it’s important to note their rich that money instead of being decided by ple, by the people, for the people is at history, the Winona chamber also has an honestly and factually informed risk—and it is at risk because there is an eye on the future. By offering low- public, as they should be. Romney’s se- a new concept that is evolving. It is cost or free educational programs for cretly funded PAC alone spent $46 mil- government of the money, by the young professionals in leadership, mi- lion before Memorial Day to sway your money, for the money. It is the notion croenterprise and business manage- opinion, and it will continue to spend that he who has the gold rules, chang- ment, the local chamber works to en- even more. ing the Golden Rule, Father. sure future small business owners will We have to end the influence of the I want you to know, dear friends, continue to have the tools to succeed. secret money on our elections. That’s that if we do nothing, we will find our- Today I pay tribute to the foresight why I am a cosponsor of the DISCLOSE selves with a new form of government. and leadership and wish the Winona Act, which will restore accountability The Republic is at risk. We must do Area Chamber of Commerce a happy in our elections. Americans want and something about government of the 100th anniversary. Here’s to another 100 deserve a more open and honest polit- money, by the money, for the money. years of promoting opportunity, small ical process. Republicans blocked that The DISCLOSE Act is one thing that business growth and community in- bill in 2010. The GOP needs to listen to we can do. We must act and pass the volvement in Winona, Minnesota. Americans and bring the DISCLOSE DISCLOSE Act. f Act to the floor. f NATIONAL OCEANS MONTH The American public has a right to PROVIDING FOR CONSIDERATION know who is paying for campaign ads (Mr. FARR asked and was given per- OF H.R. 436, HEALTH CARE COST that they will be swamped with this mission to address the House for 1 REDUCTION ACT OF 2012, AND election cycle, and they need to know minute and to revise and extend his re- PROVIDING FOR CONSIDERATION sooner rather than later. marks.) OF H.R. 5882, LEGISLATIVE Mr. FARR. Mr. Speaker, the oceans f BRANCH APPROPRIATIONS ACT, 2013 on either side of the United States de- b 1230 fined this great country, and these Mr. SCOTT of South Carolina. Mr. oceans are in trouble. They are so big STUDENT LOAN INTEREST RATES Speaker, by direction of the Com- and so vast with so many aspects not (Mr. CLEAVER asked and was given mittee on Rules, I call up House Reso- understood that it’s hard for people to permission to address the House for 1 lution 679 and ask for its immediate comprehend that they are in trouble. minute and to revise and extend his re- consideration. Without the ocean, we wouldn’t have marks.) The Clerk read the resolution, as fol- the air we breathe or much of the pro- Mr. CLEAVER. Mr. Speaker, I rise to lows: tein we eat. It is our world’s largest support the extension of student loan H. RES. 679 public trust, and it is essential to interest rates. Student loans have been Resolved, That upon the adoption of this human life as we know it. an essential tool for many students and resolution it shall be in order to consider in It captures one-third of our carbon families who otherwise wouldn’t be the House the bill (H.R. 436) to amend the In- ternal Revenue Code of 1986 to repeal the ex- emissions, hosts millions of species, able to afford the soaring costs of col- and offers limitless recreational and cise tax on medical devices. All points of lege tuition. However, in a few short order against consideration of the bill are educational opportunities worldwide. weeks, Federal student loan interest waived. In lieu of the amendment in the na- Yet over 14 billion pounds of trash end rates are set to double from 3.4 to 6.8 ture of a substitute recommended by the up in our ocean and our beaches each percent, making the dream of attaining Committee on Ways and Means now printed year. college even more difficult for millions in the bill, an amendment in the nature of a Therefore, I urge the Nation to cele- of students and families. substitute consisting of the text of Rules brate National Oceans Month and Committee Print 112-23, shall be considered We need to act now. It is our respon- as adopted. The bill, as amended, shall be honor World Oceans Day, which is to- sibility to ensure that all children have morrow, by taking advantage of activi- considered as read. All points of order the ability to pursue higher education. against provisions in the bill, as amended, ties of the Capitol Hill Ocean Week. The cost of attending college has gone are waived. The previous question shall be This summer get wet, go to the up almost 30 percent in the last 10 considered as ordered on the bill, as amend- beach, clean it up. Clean up the pol- years. We cannot afford to ignore ed, and on any further amendment thereto, luted rivers that flow into our oceans, struggling students across this Nation. to final passage without intervening motion and get in there and volunteer and In these uncertain economic times, we except: (1) 90 minutes of debate equally di- learn more about the ocean resources vided and controlled by the chair and rank- can make no greater investment than upon which we so undeniably rely and ing minority member of the Committee on in education. More and more jobs re- how you can work to protect them. Ways and Means; and (2) one motion to re- I thank all those who have come to quire some sort of post-secondary edu- commit with or without instructions. SEC. 2. At any time after the adoption of Washington for Capitol Hill Ocean cation, and by 2018, just 6 years from now, 63 percent of employment oppor- this resolution the Speaker may, pursuant to Week. We need political friends. The clause 2(b) of rule XVIII, declare the House ocean needs political friends. tunities will demand an education be- yond high school. resolved into the Committee of the Whole f House on the state of the Union for consider- It is pathological partisanship that is ation of the bill (H.R. 5882) making appro- BAN ON CORPORATE EXPENDI- preventing us from dealing with this priations for the Legislative Branch for the TURES IN FEDERAL CAMPAIGNS important issue. fiscal year ending September 30, 2013, and for (Mrs. CHRISTENSEN asked and was f other purposes. The first reading of the bill given permission to address the House shall be dispensed with. All points of order PASS THE DISCLOSE ACT for 1 minute and to revise and extend against consideration of the bill are waived. General debate shall be confined to the bill her remarks.) (Mr. AL GREEN of Texas asked and was given permission to address the and shall not exceed one hour equally di- Mrs. CHRISTENSEN. Mr. Speaker, 2 vided and controlled by the chair and rank- years ago in Citizens United, the Su- House for 1 minute and to revise and ing minority member of the Committee on preme Court overturned two decades of extend his remarks.) Appropriations. After general debate the bill precedents to strike down the ban on Mr. AL GREEN of Texas. Mr. Speak- shall be considered for amendment under the corporate expenditures in Federal cam- er, a great and noble President, Abra- five-minute rule. The bill shall be considered paigns. This opened the floodgates and ham Lincoln, proclaimed that govern- as read. All points of order against provi- allows corporations to spend unlimited ment of the people, by the people, for sions in the bill for failure to comply with funds, so now money comes from a the people, shall not perish from the clause 2 of rule XXI are waived. No amend- Earth. It was government of the peo- ment to the bill shall be in order except handful of billionaires looking to wield those printed in the report of the Committee their influence, and no one has to know ple, by the people, for the people, that on Rules accompanying this resolution and who they are. gave us Social Security and Medicare. except pro forma amendments offered at any Campaigns like the one in Wisconsin But I regret to inform you today, Mr. time by the chair or ranking minority mem- and many others are being bought with Speaker, that government of the peo- ber of the Committee on Appropriations or

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.014 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3590 CONGRESSIONAL RECORD — HOUSE June 7, 2012 their respective designees for the purpose of it’s needed. So if you cut into it by 2.3 H.R. 436, the Protect Medical Innova- debate. Each such amendment may be of- percent, you’re cutting into their abil- tion Act, and H.R. 5882, the Legislative fered only in the order printed in the report, ity to create better devices that then Branch Appropriations Act for Fiscal may be offered only by a Member designated provide better care for patients. Year 2013. Frankly, I’m disappointed in the report, shall be considered as read, As Dan put it, ‘‘I can assure you that that the House Republicans continue shall be debatable for the time specified in the report equally divided and controlled by any additional impact to our cash flow to bring bills to the House under a the proponent and an opponent, shall not be will reduce the money available for in- closed process that restricts debate and subject to amendment, and shall not be sub- novation. discussion and doesn’t allow amend- ject to a demand for division of the question Dan also talked to me about his fel- ments that could improve the under- in the House or in the Committee of the low medical device companies who lying legislation and help forge a Whole. All points of order against such make the hoses for oxygen tanks and strong bipartisan majority. amendments are waived. At the conclusion other devices which make life bearable Mr. Speaker, the Republicans started of consideration of the bill for amendment for so many Americans. They are abso- this Congress with cries to repeal and the Committee shall rise and report the bill lutely dependent on these devices. And replace the Affordable Care Act, and to the House with such amendments as may what happens when we add a 2.3 per- yet here we are a year and a half later, have been adopted. The previous question shall be considered as ordered on the bill and cent tax to these smaller companies? this body has voted several times to re- amendments thereto to final passage with- Well, these companies work on a mar- peal the bill, but we’ve yet to see any out intervening motion except one motion to gin of around 3 percent. So you don’t plans to replace it. And here we are recommit with or without instructions. have to be a math major to figure out again with another bill to repeal the The SPEAKER pro tempore (Mr. that when you have a 3 percent profit Affordable Care Act. As far as I can GARDNER). The gentleman from South margin and you have a new 2.3 percent tell, my colleagues on the other side of Carolina is recognized for 1 hour. tax, you are pretty close to zero. the aisle have not presented a plan to Mr. SCOTT of South Carolina. For You simply cannot afford to run a reduce rising health care costs, to pro- the purpose of debate only, I yield the business in this environment. You cer- vide health care insurance to 30 million customary 30 minutes to the gen- tainly cannot start a new business in uninsured Americans. This body, and those who advocate tleman from Colorado (Mr. POLIS), this environment. We’re not only hurt- pending which I yield myself such time ing our medical device companies, repeal of the Affordable Care Act, it as I may consume. During consider- we’re also discouraging new entre- should be incumbent upon them to talk ation of this resolution, all time yield- preneurs and innovators from being about what we should replace it with ed is for the purpose of debate only. able to enter the ring. to prevent the rising cost of health I felt it was so important to share care from being an increasing burden GENERAL LEAVE Dan’s thoughts today, as it shows in on American businesses and American Mr. SCOTT of South Carolina. Mr. clear terms how this new tax will not families. The motivations for repealing Speaker, I ask unanimous consent that only affect Americans’ wallets, but it the Affordable Care Act are weaker and all Members have 5 legislative days to could impact the health of Americans more blatantly political than ever, es- revise and extend their remarks. in this country. pecially after several votes of this body The SPEAKER pro tempore. Is there to repeal the Affordable Care Act. objection to the request of the gen- b 1240 There are many provisions of the Af- tleman from South Carolina? If our medical device manufacturers fordable Care Act that the American There was no objection. cannot continue to adapt and move for- people broadly support, including Mr. SCOTT of South Carolina. House ward with new and better technologies, young adults staying on their parents’ Resolution 679 provides for consider- our medical care system will slow down health insurance until they’re 26, in- ation of H.R. 436, a bill to repeal the 2.3 right alongside it. cluding creation of exchanges. Seniors percent excise tax on medical devices Because of innovation, life expect- throughout the United States are al- enacted as part of the President’s ancy in the United States has in- ready benefiting from the Affordable health care law. It also provides for a creased by more than 3 years from 1986 Care Act’s elimination of the Medicare structured rule for consideration of to 2000, and the burden of chronic dis- prescription drug doughnut hole. In H.R. 5882, the Legislative Branch Ap- eases representing more than 70 per- fact, in 2011, over 5.1 million Medicare propriations Act. The legislative cent of the overall health care cost has beneficiaries saved over $3.2 billion on branch appropriations rule is typically been reduced. This tax affects devices prescription drugs thanks to the Af- the only structured rule in the appro- ranging from cardiac defibrillators to fordable Care Act. priations process, and we are con- artificial joints to MRI scanners, or, in States across the country, including tinuing that bipartisan tradition here plainer terms, the very devices that my home State of Colorado, are enthu- today. identify and treat patients in their siastically implementing health insur- We are voting here today to stand up time of need, and even those devices ance exchanges in a bipartisan way for more than 423,000 American em- that could save lives. These days, tech- that will help us reduce health care ployees and the health of millions that nology is improving every single day. costs and expand access to high qual- their work protects. A new $29 billion Why in the world would we want to ity, affordable health care. So why are tax on medical devices, passed as part put our innovators at a disadvantage? we still here talking about repealing of the President’s health care package, Why in the world would we want to the Affordable Care Act instead of fo- threatens to stifle innovation in the take another $29 billion worth of in- cusing on areas where we share com- health care industry. If medical device vestments out of our future, out of our mon ground? manufacturers are punished with this health care industry and put it in the Unfortunately, the Protect Medical new tax, we are all punished. Our hands of this government? There’s no Innovation Act has been brought under health is punished. Our parents’ health good answer to these questions, and a closed process which prohibits Mem- is punished. Our kids’ health is pun- there’s no good reason for another new bers from being able to offer any ished. tax. amendments to this collection of four Yesterday, I talked with one of my Once again, Mr. Speaker, I rise in different bills. If my colleagues made constituents, Dan Denson, who owns a support of this rule and the underlying an effort to compromise on health care medical device company in Summer- legislation. I encourage my colleagues proposals, there might actually be a ville, South Carolina. He shared two to vote ‘‘yes’’ on the rule and ‘‘yes’’ on chance to see legislation pass both concrete examples of how this new tax the underlying bill, and I reserve the Chambers with broad bipartisan sup- will hurt his company, the health care balance of my time. port and signed by the President. This industry, and most importantly, it will Mr. POLIS. Mr. Speaker, I thank the specific bill already has a veto threat hurt those in need of medical care. gentleman for yielding me the cus- from the President, and none of my For Dan’s home health company the tomary 30 minutes, and I yield myself colleagues on my side of the aisle were profit margin is about 10 percent. That such time as I may consume. consulted with regard to a method of profit is used to pay their employees, Mr. Speaker, I rise today in opposi- paying for this particular set of improve technology, and expand when tion to the rule for the underlying bills changes.

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.004 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3591 Instead, the Republicans have chosen the energy space, allowing oil and gas from $36,000. And what does this Repub- to cobble together three unrelated bills to compete on a level playing field lican tax increase do? Well, it presents that do three totally different things, with all other energy resources instead them at the end of the year with an ad- along with a very partisan offset with of being designated as a recipient of ditional $3,330 tax increase, a $3,330 tax no opportunity to revise these bills; no taxpayer money and government sub- increase for a father who’s just trying opportunity for us to do our job as leg- sidies. Now, that particular offset to put food on the table for his kids. islators, to amend these bills; no oppor- would have not only paid for elimi- b 1250 tunity for us to work to forge a major- nating the medical device tax, but also ity around commonsense proposals reduced our deficit by $3 billion. We can do better. The bill we are con- that can improve health care and cre- Today I introduced a bill, H.R. 5906, sidering today would actually increase ate jobs. which would repeal the medical device the tax hike on families by removing Let’s take a look at what’s in this di- tax and replace those lost revenues by the restriction on the amount that verse package of bills. eliminating tax loopholes and subsidies families are required to pay. This has Now, the original Protect Medical In- for oil and gas companies. Personally, the perverse incentive of discouraging novation Act, that was the original bill I’m supportive of other ways of paying families from working and taking on before these three other bills were for the medical device tax as well. Let additional jobs and working hard to get added and before this payment mecha- us work together to find a way to pay promoted. It takes away the incentive nism was added, would’ve repealed the for any changes in the Affordable Care to perform well at your job and get a excise tax on the manufacture or im- Act that don’t fall squarely on the promotion or raise. Frankly, this pay- port of certain medical devices, one of back of middle class American fami- ment mechanism encourages people to the methods of funding the Affordable lies. remain in poverty and on government Care Act. However, Mr. Speaker, instead of a assistance rather than striving to do Now a solid group of Members sup- thoughtful offset, the Republicans have better and earn more. This Republican port repealing the tax. In fact, this tax chosen to dig into the pockets of low- bill punishes work, plain and simple, impacts companies in my district like and middle-income Americans to pay and is a huge tax increase on the mid- ZOLL Data Systems. And I hope we for this bill. So let’s look at how this dle class. can have a straight up-or-down vote on bill would affect American families. Now, Mr. Speaker, if we want to re- this particular provision of this bill. According to the Joint Committee on peal the medical device tax, let’s dis- But instead, it has been cobbled to- Taxation, this proposal would force cuss how to pay for it. If some people gether with two unrelated bills and an 350,000 people to lose their health care in this body think protecting subsidies unrelated method of paying for it. insurance. Yes, that’s 350,000 people for oil and gas companies is more im- Similarly, there’s solid support for less that would have health care insur- portant than getting rid of the medical two other pieces of legislation that are ance. device tax, well, fine, let’s find another contained in this bill. One bill would Now, how devastating and misguided way to do it. But, unfortunately, this have repealed the Affordable Care Act’s is this? Let’s take an example. Let’s approach before us today isn’t a serious prohibition on using HSAs and FSAs to take a hypothetical family of four in approach to reducing the deficit. It’s purchase over-the-counter drugs, and Colorado, in Ohio, in Florida, in Penn- an approach that the President would another would have allowed individuals sylvania. Let’s say their household in- veto, it’s an approach that puts a huge with FSAs to redeem money left in come is $36,000 a year. They’re working tax burden squarely on the shoulders of their accounts at the end of the year. hard to stay in that middle class. It’s working families in this country, and Now, we all have our different opin- getting harder and harder. The family it doesn’t help get Americans back to ions about these bills. I personally sup- income, $36,000 a year; father and a work. port allowing HSAs and FSAs to pur- mother. The mother has been out of This proposal is based on politics, chase over-the-counter drugs, and I work for 3 years. The total family cost plain and simple, not on sound eco- personally oppose the FSA measure be- of health care insurance is $12,000. Now, nomic policies that are good for the cause I think that people should be let’s say the mother finds a job midway middle class, good for the medical de- able to spend the money that’s left in through the year. She’s able to go back vice industry, and good for America. their FSAs by the end of year; other- to work and she earns an additional This underlying rule also makes in wise, what’s the purpose of an FSA? It $36,000 for her family, bringing that order the Legislative Branch Appro- kind of ceases to exist and simply be- family of four’s earnings to $72,000. priations Act for 2013. Now, that’s an comes a tax shelter if it’s not dedicated They’re fighting hard to stay in that act that funds Congress itself and its to health. middle class to afford their kids’ col- supporting agencies. In these times of But the fact of the matter is, under lege education. Now, under this bill, at fiscal austerity, everyone—especially this rule, no Members of this body will the end of the year, that family is sent Members of Congress—should be tight- be able to express their support or op- an additional health care bill for $5,160, ening their belts. position to any of these bills in par- a tax increase of over $5,000 for that This bill provides a 1 percent reduc- ticular because they’ve all been cob- middle class American family. Now, tion from last year’s spending bill. bled together into an incoherent mess that’s more likely to make it less of an Now, I am also heartened that it still of a bill which this rule is trying to incentive for that woman to get the ensures congressional support agencies jam down the throat of this body. We extra job. What’s the extra incentive to have the sufficient funding they need should have brought up these bills one work if the government is going to to function so that we in this body can at a time and found a reasonable offset. stick you with a huge tax bill just for do our job. Instead, the Republicans have chosen trying to support your family? But even while the House’s budget to place the burden of paying for this Let’s take another example. A family has been cut over 10 percent over the cluster of bills on the backs of middle of four in Michigan, in Nevada, a father last 2 years, the House majority has class American families. and mother with two young children. chosen to spend scarce resources that Now, there’s a number of alternative Let’s say that the mother doesn’t work the taxpayers have appropriated to us ways that we could have paid for these outside the home. They’re earning to defend the constitutionality of the bills. The most obvious one would have $36,000 a year and the family is struck Defense of Marriage Act, which bars been repealing oil and gas subsidies. with tragedy. The mother passes on gay and lesbian servicemembers, vet- This was an offset that was included in early in the year leaving the father to erans and their spouses from securing the Democratic substitute which the support the kids. He takes a second the same benefits offered to straight majority failed to even allow to come job, as any good father would do, and is military couples. up for a vote by this body. That offset able to earn an additional $18,000 dur- As President Obama has determined, would have provided $32 billion in re- ing the year working a 40-hour-a-week the law is simply indefensible constitu- ductions of oil and gas subsidies over 10 job and working a 20-hour-a-week job tionally. And yet to date, this body, years, making sure that the govern- to put food on the table. Now, that in- out of this bill, this Legislative appro- ment doesn’t pick winners and losers in creases that family’s income to $54,000 priations bill, has spent three-quarters

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.018 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3592 CONGRESSIONAL RECORD — HOUSE June 7, 2012 of a million dollars of taxpayer money to international markets that provide a less The market in which OsteoMed competes on fancy lawyers defending this dis- cumbersome and lengthy regulatory path- is in turmoil and has become increasingly criminatory and offensive law. This way with revenue streams that are not sub- competitive with many new offshore com- waste of tax dollars is especially trou- ject to the medical device tax . . . imme- petitors. As economics and recent govern- diately saving 2.3 percent in the process. In ment restrictions have largely removed sur- bling given the recent First Circuit de- the past month, OsteoMed initiated the geons from the surgical device purchase deci- cision which found that DOMA is un- search for sales managers in China and the sion process, hospitals are now forcing in- constitutional. Middle East to supplement recent managers creasingly price concessions. Despite in- Mr. Speaker, I can’t support these hired in Korea and Italy. creased raw material and labor costs, underlying rules. It’s beyond troubling Mr. Speaker, this is not just a tax. It OsteoMed has been unable to raise product to have a closed rule, not allowing is not just making it more difficult for prices over the past several years and is now amendments and thoughtful input from employers to hire people. But it will equally unlikely to simply pass along the de- Members of both parties on four sepa- stop America’s innovative-ness to com- vice tax to our customers. rate pieces of health care legislation pete in the future. Like any other responsible business, OsteoMed must carefully manage expenses in that completely shuts out Republican OSTEOMED, ideas and Democratic ideas to improve Addison, TX, June 5, 2012. order to make profit and continue to grow and succeed. In order to cover the shortfall Hon. PETE SESSIONS, the Affordable Care Act, improve job the new device tax will create, OsteoMed has growth in this country, and help get U.S. House of Representatives, Washington, DC. already started to implement cut backs in our economy back on track. its operations including the delay/cancella- I reserve the balance of my time. DEAR REPRESENTATIVE SESSIONS: Thank you for taking time to visit with me last tion of new product development projects Mr. SCOTT of South Carolina. Mr. week regarding OsteoMed and my concerns and the hiring of additional personnel, in- Speaker, I find it quite interesting and about the significant ‘‘headwinds’’ we face, cluding biomedical engineering positions. It almost hilarious that my friend to the especially related to the 2.3% medical device should be noted that OsteoMed is also ag- left would talk about tax increases tax that is scheduled for implementation in gressively re-directing its business focus to when in fact embedded in this health 2013. On behalf of OsteoMed’s 400 employees, international markets that provide a less care bill is $123 billion in new taxes on I thank you for your support of H.R. 436, cumbersome and lengthy regulatory path- which would repeal this onerous provision way with revenue streams that are not sub- property owners. Really? $123 billion of ject to the medical device tax. . . . imme- new taxes on property owners in addi- that otherwise will negatively impact inno- vation and job creation at a time when we diately ‘‘saving’’ 2.3% in the process. In the tion to the $29 billion new tax they can least afford it. past month, OsteoMed initiated the search were talking about today, in addition As president & CEO of OsteoMed, a dy- for sales managers in China and the Middle to eliminating $500 billion from Medi- namic, 20 year old surgical device manufac- East to supplement recent managers hired in care in order to fund this health care turing company based in your district, I con- Korea and Italy. Unfortunately, OsteoMed plan. front the challenges that America’s has already started to effectively trade U.S. I think the conversation about tax innovators face every day. In addition to jobs for overseas positions as a direct result increases is a conversation we could challenges with the FDA and reimburse- of the medical device tax and other govern- ment, this 2.3% excise tax—which is on gross mental involvement. spend a day on, and we’d be happy to sales, whether or not a business has any prof- The medical device industry not only pro- have that conversation. But today, I’m its—will directly impact our ability to cre- vides numerous highly skilled and attractive going to yield 2 minutes to the gen- ate new jobs, invest in research and develop- jobs across the U.S., but it also pays its tleman from Texas, Chairman SES- ment and effectively compete in the global workers on average 40% more than the typ- SIONS. market. ical job. We are a vibrant sector of the econ- Mr. SESSIONS. Mr. Speaker, today, OsteoMed formed a new subsidiary com- omy and one of the few remaining industries once again, we’re on the floor of the pany a couple of years ago to develop an in- that produces a healthy export of products. novative spine product that greatly sim- House of Representatives with our Tragically, this industry has now become the plifies spine fusion surgery and improves pa- focus of misguided and short-term govern- friends on the other side of the aisle ar- tient outcomes. OsteoMed launched this guing about how we tax the American ment intervention and the growth and con- product last year which quickly grew to al- tinued prosperity of this proud American in- people, how if we’re going to take this most $5MM in sales in 2011 and currently em- dustry now faces great hurdles. ploys a number of highly skilled, high paid tax out we’ve got to replace it with an- Again, I thank you for your service to our individuals. Due to the significant upfront other tax. Good gosh, aren’t energy country and specifically for your support of investment and on-going development costs, prices high enough already? Why do we H.R. 436 to repeal this tax and to help Amer- this new company is not projected to make a want to pass that on to consumers and ica’s innovators continue to improve patient profit in the near future but is nevertheless care and drive job creation. I look forward to make gasoline more expensive? It does subject to the device tax which will further not make sense, and that’s why we are delay this subsidiary’s success. As a result, your ability to visit OsteoMed when you are here today to repeal a tax. OsteoMed has now delayed additional new back in Dallas so you can see firsthand our Mr. Speaker, what is the tax we’re product developments and personnel in order great employees and the innovative products talking about? It is a tax on business, to make ‘‘ends meet’’ and achieve the re- they produce to help people around the turns initially envisioned when this com- world. Please do not hesitate to contact me on high tech. It is on medical devices to discuss this issue or any other issues im- that have allowed America to lead the pany was created. OsteoMed’s core business manufactures pacting the medical device industry. world in solving problems, to give peo- surgical implant systems for use in Sincerely, ple medical devices, things that will craniofacial, neurosurgical and small bone WALTER J. HUMANN, make their lives even better. orthopedic (upper and lower extremities) President & CEO, Mr. Speaker, I received a letter from surgeries. These systems require extensive, OsteoMed. Walter J. Humann, president and CEO, specialized instruments that are typically Mr. POLIS. Mr. Speaker, I yield 3 OsteoMed. He came and met with me at not sold, but are used to implant the devices minutes to the gentleman from Penn- that drive OsteoMed’s revenue stream. The my office and then sent me a letter. sylvania (Mr. ALTMIRE). Here’s what Mr. Humann said—and I device tax will not only tax gross product revenues, but my understanding is it will Mr. ALTMIRE. Mr. Speaker, I rise in believe he represents not just the in- also tax the instruments OsteoMed must in- strong support of the legislation we dustry, but thousands of people, pa- vest in and place into hospitals at no charge will be voting on this afternoon to re- tients also who rely on high-tech and thereby further reducing my company’s prof- peal the $30 billion excise tax on med- medical devices that would be without. it opportunities and forcing expense reduc- ical device companies, and I’m proud to tions in other areas in order to achieve our He said: join Mr. PAULSEN in his effort to pre- In addition to challenges with the FDA and profit goals. OsteoMed’s products are sold through a va- vent this misguided tax from taking ef- reimbursement, this 2.3 percent excise tax— riety of sales channels and will require a new fect next year. which is on gross sales, whether or not a level of administrative burden in order to business has any profits or not—will directly The district I represent in western track the ‘‘gross’’ revenues defined by this impact our ability to create new jobs, invest Pennsylvania is home to a number of tax. This requirement, along with the recent in research and development and effectively medical device companies that have challenges imposed by the Physician Pay- compete in a global marketplace. ment Sunshine Act, force additional levels of planted their roots in our region. They Further, he says: administration and non value added expenses offer high-paying, quality jobs and are It should be noted that OsteoMed is also that make OsteoMed less competitive and developing innovative devices that are aggressively re-directing its business focus viable. saving lives.

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.020 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3593 One example is Zoll Medical, which income, and it will repeal a 2.3 percent under the same change. If there’s a manufactures the LifeVest, a light- tax imposed on the sale of medical de- change to Medicaid, Members of Con- weight, wearable defibrillator that con- vices. This tax will make health care gress will live under the same change. tinuously monitors a patient’s heart. more expensive. It will be passed down I think we’d probably get a unanimous The device allows patients with med- to the consumer, and it’s already cost- vote for that proposition. ical conditions to return to their daily ing innovation and jobs in the medical Let’s put it on the floor and affirm to lives with the peace of mind that they device industry. the people of this country who pay the are protected from sudden cardiac ar- I applaud the Ways and Means Com- bills and serve the country, we live rest. This is the type of innovation mittee for their work on this legisla- under the same laws that we write. that we should be encouraging in this tion and encourage my colleagues on Mr. SCOTT of South Carolina. Mr. country, not penalizing. both sides of the aisle to pass not only Speaker, I yield 3 minutes to the gen- The excise tax is simply misguided the rule, but support the underlying tleman from Tennessee (Mr. ROE). Mr. ROE of Tennessee. I thank the policy. The American medical device legislation. Mr. POLIS. Mr. Speaker, if we defeat gentleman for yielding. industry has proven that when given Mr. Speaker, I rise today in support the previous question, I’ll offer an the chance to succeed, it has the abil- of the rule and underlying H.R. 436, the amendment to the rule to make in ity to produce devices that can better Protect Medical Innovation Act. This order the Connolly amendment, which the quality of life for Americans and bill will make a positive impact in two even save lives. proposes that Members who repeal Fed- critical areas: jobs and innovation. The industry is already facing chal- eral benefits for their constituents For 40 consecutive months now, un- lenges from foreign competitors that must forfeit such benefits themselves. employment has exceeded 8 percent. have an easier time getting their prod- Why should Members of Congress get Just last week, we received the unwel- ucts to market. We must give the U.S. special benefits that we deny to our come news that unemployment had in- device manufacturers the opportunity own constituents? creased in May from the prior month. to succeed, not punish them for being To discuss our proposal, I yield 3 We’re on the wrong track, and the med- innovators and risk losing the incalcu- minutes to the gentleman from New ical device tax included in the Afford- lable contributions they provide to our Jersey (Mr. ANDREWS). able Care Act will make a bad situa- economy, the delivery of health care (Mr. ANDREWS asked and was given tion even worse. and quality of life for every American. permission to revise and extend his re- According to one industry study, the The rule that we are debating today marks.) 2.3 percent medical device tax could re- provides us with the chance to vote to Mr. ANDREWS. I thank my friend for sult in the loss of 43,000 American jobs, help ensure that the next great medical yielding. and this is just outrageous. We should breakthrough is developed in this coun- Chairman of the Federal Reserve be taking steps to create good-paying try right here in the United States and Bernanke is on Capitol Hill today American jobs, not preserving a tax not overseas. warning that if the Congress doesn’t hike that would ship these jobs over- I urge my colleagues to support its get the debt and deficit under control, seas. passage, and I thank Mr. POLIS for we could be facing a fiscal collapse, a Let me just put that in perspective, yielding me the time. calamity. And he’s right. And I think Mr. Speaker. I have a unique observa- Mr. SCOTT of South Carolina. Mr. we all know that one of the ways to tion point as a physician in practice for Speaker, I yield 2 minutes to the gen- avoid a calamity is to move Americans over 30 years, and let me take you tleman from Florida (Mr. NUGENT). from unemployment lines to payrolls. through some innovations that I’ve Mr. NUGENT. Mr. Speaker, I first But this is another day when the seen. want to thank my friend, Mr. SCOTT, House will not consider legislation that In 1974, I learned how to do and fellow Rules Committee member, would cut taxes for small businesses laparoscopy, which is where you place for allowing me time to speak on this that hire people. This is another day a scope inside the abdomen and look, important issue. when the House will not consider legis- just observe. And that’s really about This rule brings to the floor a series lation that would rehire police officers, all we could do. I remember, 1986, my partner and I of health issues that I hear about every firefighters, teachers. This is another did the first ectopic pregnancy. That’s day from constituents back home. day when the House will not consider legislation to rebuild our roads and our a tubal pregnancy, where pregnancy About 46 million Americans have ei- has occurred in the fallopian tube, and ther a flexible spending account or a bridges and our electronic infrastruc- ture. we were in there trying to get this health savings account. These are pregnancy out through a scope. We did hardworking American families that There is going to come a day when the House, I fear, will consider reduc- not have the equipment to do it. plan ahead for their health care. Today you can take an ultrasound, tions in Medicare, Social Security, and They’re folks who don’t want to be a diagnose this before rupture; and be- Medicaid to deal with the deficit prob- drain on the health care system. But fore, most of these were diagnosed lem. Now, we need to consider these the Federal Government has the audac- after rupture, required blood trans- ity to look at these funds from these kinds of issues because they’re an im- fusions, an open laparotomy, and days families that have put aside for their portant part of the deficit. But when in the hospital. Today, I’m happy to re- health needs and see this as money for we do, I think most Members would port that we diagnose almost all of the government’s taking. We need to be agree with the proposition—I think all these before they rupture. We take a rewarding these people, not seeing Members would probably agree with simple scope, with the new equipment them as a revenue source to pay for the proposition—that we should live and devices that have been discovered ObamaCare. But the government take- under the laws that we write. If the and utilized and developed, remove over of health care is going to punish Congress is going to consider a change this, and send the patient home within them and encourage them to use more to Social Security, we should live with hours. expensive treatment options. that change. If the Congress is going to I’ve watched, now, this go from just a The bill we are considering today will consider a change to Medicare, we rudimentary observation to incredible undo ObamaCare’s limitation on pur- should live with that change. We say surgery with the new Da Vinci device— chasing over-the-counter medications, this to our constituents when we go we’re able to do very complicated pel- freeing both health savings accounts back to our districts. vic surgery, prostate cancer surgery, and physicians’ offices from these new, Let’s vote for it today. We propose to other abdominal surgeries, heart sur- burdensome regulations that go into put on the floor, as part of today’s leg- geries—that have done many things, effect. islative agenda, legislation that would have reduced suffering, lowered mor- say, pure and simple, if there’s a bidity, mortality, and we certainly do b 1300 change to Social Security, Members of not need to go in a different direction. It will allow families to cash out up Congress will live under the same Let me give you a very personal ex- to $500 in their unused FSA balances at change. If there is a change to Medi- ample that happened to me just 8 or 9 the end of the year as regular taxable care, Members of Congress will live months ago.

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.022 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3594 CONGRESSIONAL RECORD — HOUSE June 7, 2012 In September of 2011, I was walking bit of caffeine added, no nutritional American jobs at risk. Three, this is through the airport in Charlotte, North content, increases diabetes, increases going to stifle innovation by reducing Carolina, when a gentleman arrested. If obesity, tooth decay, even been shown investment in R&D, which leads to it had not been for an AED, a medical to hurt kids’ performance in schools. medical breakthroughs. device, this gentleman would not be And a study by Health Affairs, a na- By the way, this is a familiar health here with his family today. We were tionwide tax of 1 percent on sugary care law trifecta: higher costs, lost able to resuscitate him and send him drinks would actually go a long way jobs, lost innovation. successfully home to his family. towards being able to pay for repealing The SPEAKER pro tempore. The We do not need to decrease this inno- the medical device tax. time of the gentleman has expired. vation. I’ve seen absolutely spectacular So look, these are decisions that our Mr. SCOTT of South Carolina. I yield things that have occurred over the last constituents send us here to make. the gentleman an additional 15 sec- 30 years. How do we want to pay for things? If onds. Also, this legislation is very simple. we don’t want to tax medical devices, Mr. DENT. This tax is going to have It does two other things. It allows an are we going to tax the middle class in- a profound impact in my congressional individual to use their HSA, which I stead, as this proposal will do? district on companies like Aesculap, have, to buy an across-the-counter We talked about a family of four in Boas Surgical, BioMed, B. Braun, medication instead of coming to my of- Ohio, family of four in New York, that Olympus, OraSure, and Precision Med- fice, the most expensive entry point would pay over $5,000 a year in extra ical Instruments. into the health care system other than tax just because the mother went back If you don’t believe me, Chris Field of the emergency room, to get a prescrip- to work, just because one member of Boas Surgical in Allentown, a small tion. It’s counterproductive. It wastes the family might have passed away in business that manufactures custom time for the patient and their families. a year, sticking them with an enor- orthotics and prosthetics, explained I also would certainly support the mous tax bill? This tax-and-spend Re- that the tax may ultimately force the FSA agreement for letting someone publican majority continues to advo- employer out of business: keep $500 of their money. cate tax after tax after tax increase di- The medical device tax would simply de- The SPEAKER pro tempore. The rectly targeted to middle class and stroy what is left of our company. After giv- time of the gentleman has expired. working American families. ing it our all, we would simply have to turn Mr. SCOTT of South Carolina. I yield out the lights, lock the doors and send 45 em- 1310 ployees to the unemployment lines; and our the gentleman an additional 30 sec- b Look, let’s evaluate how we want to patients, including many of our soldiers re- onds. turning from combat, would no longer be Mr. ROE of Tennessee. And letting pay for health care in this country. able to receive medical devices, such as their that individual and that family roll it Health care is important. Health care prostheses, from a company which has faith- over so they can use it the next year. is expensive. If you have better ideas fully served the Lehigh Valley for over 90 Three very simple things and I will than the Affordable Care Act—better years. close. ways to reduce health care costs for Mr. POLIS. I yield myself such time Regardless of what you believe in the businesses, help families access health as I may consume. Affordable Care Act, or how you be- care—let’s get them on the table in an An executive summary of a report by lieve, I urge my colleagues to support open process and talk about what we the Bloomberg Government is entitled this. And I find it a little bit comical want to do to help drive down costs. ‘‘Medical Device Industry Overstates that we are fussing about a closed rule But this cobbled-together set of bills Tax Impact,’’ which was put together on these three simple items when we will only decrease access to health care by health care policy analysts. discussed a 2,700-page health care bill in this country. It will undermine the This study calls into question the as- on a closed rule. very demand for the medical devices sumption that several of my colleagues Mr. POLIS. I yield myself such time that are so important to job growth on the other side have indicated that as I may consume. and creation in this country. It will un- the medical device tax results in the In response to my colleague, Mr. dermine the incentive of middle class loss of 43,000 jobs. After investigating, ROE’s discussion of very expensive families to try to improve their sta- the Bloomberg Government officials medical devices and equipment, part of tions in life—to take on a second part- found that this figure was based on the the justification for looking at reve- time job, to seek a promotion at work. hypothetical assumptions of a 10 per- nues for medical devices is, through It’s very contrary to our American val- cent reduction in domestic employ- making sure that more Americans have ues that hard work gets you ahead in ment resulting from manufacturing access to insurance, we’re able to in- this country. If you work hard and if moving their operations offshore. So it crease demand and compensation for you play by the rules, you have a shot was just based on guesswork. It was procedures that involve costly medical in this country, and this cobbled-to- said, Well, how many jobs do we want devices. This is a way that can actually gether set of bills is an affront to that to say this would cost? Let’s just say 10 drive business and job growth for the very concept that makes me so proud percent. medical device industry by having to be an American. Then they just put it down. There more people covered by insurance. The I reserve the balance of my time. was no analysis. It was simply based on Affordable Care Act will cover millions Mr. SCOTT of South Carolina. Mr. a guess, which I can just say with the and millions of more Americans to en- Speaker, I yield 1 minute to the gen- same amount of backing that it will sure that they have access to medical tleman from Pennsylvania (Mr. DENT). create 10,000 jobs or that it will elimi- devices, driving consumption and pur- Mr. DENT. I just heard the previous nate 5,000 jobs or that it will create chase of medical devices as well. speaker say that the Affordable Care 20,000 jobs. You can say whatever you Look, there’s plenty of ways that we Act is going to provide so much oppor- want, but there is no scientific analysis can talk about to pay for this bill. Un- tunity for medical device manufactur- that leads to that conclusion. fortunately, this closed rule allows for ers that they will simply be able to eat In fact, throwing 350,000 Americans no discussion, other than the ex- this device tax. Well, that’s not the into the ranks of the uninsured as this tremely partisan, middle class tax in- case in my district, and there are three cobbled-together set of bills would do crease, which the Republicans have principal reasons why we must repeal and reducing the number of insured proposed to pay for this bill. this device tax: Americans by 350,000 is certain to re- Personally, I’ve also supported and One, it increases health care costs for duce the demand for medical devices. It continue to support looking at a soda consumers on everything from wheel- is certain to reduce job growth and to tax. Rather than tax something that chairs, to bedpans, to prosthetics, to hurt many of the companies that are makes people healthier and improves tongue depressors. Two, this is going to complaining about the medical device public health, like medical devices, kill jobs. More than 400,000 jobs in the tax. why not tax something that makes U.S. and 22,000 in Pennsylvania are di- Again, if we can find a way to pay for people less healthy, like corn syrup rectly employed by the medical device it that doesn’t throw over a quarter with food coloring and water, a little industry. This tax will put up to 43,000 million Americans out of health care

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.023 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3595 insurance and that doesn’t increase the group’s assertion that the medical-device Mr. POLIS. My colleague from Okla- taxes for a family making $72,000 a tax will be harmful to manufacturers’ rev- homa said, if you tax something, you year by over $5,000, let’s do it. We can. enue. This Bloomberg Government review of get less of it. Under this bill, we tax those findings gives lawmakers reason to be We can look at taxing things that skeptical of its main findings. work, and we tax middle class families make people less healthy rather than taking a second job or getting a pro- Mr. SCOTT of South Carolina. Mr. taxing things that make people more motion at work. This bill will force Speaker, I yield 2 minutes to the gen- healthy. We can eliminate tax loop- families to stay on the government tleman from Oklahoma (Mr. holes and subsidies for the oil and gas payroll. It will force people to continue LANKFORD). industry. We can discuss eliminating Mr. LANKFORD. It is interesting to to get their benefits because, if they agriculture subsidies. talk about an open or closed rule when try to work harder, you’re increasing There are a lot of great ideas that we are discussing something with the their taxes. Republicans and Democrats have to Affordable Care Act. We all know what Yes, if you tax something, you get help replace the revenue that might be an open process that it was developed less of it. This bill will result in people lost under this proposal; but under this under and how wide open and inclusive working less, having less of an incen- closed rule, both Republicans and that that was. tive to work, less of an incentive to lift Democrats are prohibited from bring- Let’s talk some basic economics with yourself up and to get off the govern- ing any ideas forward about how to pay this. ment subsidies, less of an incentive to for this bill other than with an enor- If you tax something more, you get take a second job, less of an incentive mous tax increase on the middle class, less of it. That’s simple economics. Ap- to get a promotion. Why would we put throwing Americans off the insurance parently, somehow there is a desire to squarely the burden of paying for this rolls, which actually reduces the de- get less medical innovation. If we go to on people who just want to work harder mand for medical devices and will cost the medical innovators—the people to get ahead? jobs in this country under this bill. with the latest devices, the newest de- If you tax something, you get less of I reserve the balance of my time. vices, the best devices that are getting it. This bill in its current form results EXECUTIVE SUMMARY Americans healthier, that are pro- in less work, fewer jobs, fewer chances An excise tax on medical devices imposed viding a better quality of life for people for middle class families to stay in the by the 2010 federal health-care overhaul isn’t from infants to senior adults—and then middle class, fewer chances for aspiring likely to reduce industry revenue as much as tax them more, we are discouraging middle class families to reach the mid- the device manufacturers say. This them from future innovation and from dle class. Bloomberg Government Study finds that creating the next products that create I reserve the balance of my time. while some reduction in revenue is likely if the next big medical wave on it. Mr. SCOTT of South Carolina. Mr. the tax leads to higher prices, it won’t hit Currently, the best medical innova- manufacturers on the magnitude forecast in Speaker, we keep hearing consistently 2011 by an industry trade group. tion in the world is happening in the that somehow a tax that isn’t a tax is The price effect of the tax will be offset to United States of America. We want to now considered a tax, so the notion of some degree by the expected increase in de- keep it that way. We talk a lot about: recapturing overpayments from health mand for medical devices as a result of the Why are we losing manufacturing jobs? care subsidies should not be considered estimated 32 million Americans who will ob- Why are manufacturing jobs going a tax. It should be considered being tain health insurance under the law. The net around the world? I’ll tell you why honest and fair. So let me say it one impact on revenue remains uncertain. we’re losing manufacturing jobs. It’s more time: that requiring people to re- The 2.3 percent tax on medical devices, because, every time you turn around which include pacemakers, artificial joints, turn money not correctly given to and magnetic resonance imaging machines, when you’re in a manufacturing seg- them is not a tax increase; it is a mat- takes effect in 2013. The tax may be passed ment, you’ve got a Federal regulator in ter of honesty and integrity. along to the buyers of most medical devices, your building who is checking out Mr. Speaker, I yield 2 minutes to the which will increase prices. A 2011 study com- something else. Whether it’s your pa- gentleman from South Carolina (Mr. missioned by the Advanced Medical Tech- perwork or your process or your peo- MULVANEY). nology Association, or AdvaMal, an industry ple, they are constantly checking ev- Mr. MULVANEY. I thank my col- trade group, estimates the resulting drop in erything else. We also have this very revenue will be $1.3 billion—close to the me- league. high corporate tax structure. We have Mr. Speaker, I think something has dian of 12 scenarios in its economic model. the highest in the industrial world. That projection represents about 1.1 percent gone overlooked here today, which is of the industry’s $116 billion in annual rev- Now we’re taking it to the medical de- that this is a bill that has bipartisan enue. The group based its estimates on ex- vice folks and making it even higher support. So often back home, the folks pected reactions by suppliers and buyers of and making it even harder. want us to do things that have bipar- medical devices to changes in price, a phe- What we need to do is have the best tisan support. We’ve seen several Mem- nomenon that economists call price elas- medical innovation in the world here, bers from across the aisle speak in ticity. but we don’t do that by punishing This study examines the economic assump- favor of this bill and of this rule today; those companies for doing it here. If we but I think something else is going tions underlying the industry group’s find- want companies to go overseas and to ings. Using relevant research, this study overlooked, which is that the President finds that the price elasticity for medical de- do the best innovation in the world should support this. This should be a vices is likely to be weaker than the indus- somewhere else, then we should con- bill that the President of the United try put forward; in other words, an increase tinue to raise taxes on them. This States supports. After all, he was the in price is not likely to lead to a severe con- solves that. This keeps it here. It keeps one who said when he was cam- traction in demand. Even the most modest the companies here and keeps them paigning—and I’m quoting now from scenario considered by the AdvaMed study, from relocating and offshoring. It candidate Barack Obama: projecting annual revenue losses of $670 mil- keeps premiums from going up. As the I can make a firm pledge. Under my plan, lion, may be too high because it doesn’t ac- medical device cost goes up—guess count for the likelihood of an increase in de- no family making less than $250,000 a year mand for medical devices by the newly in- what?—insurance premiums go up as will see any form of tax increase—not your sured. well, as well as dental costs for dental income tax, not your payroll tax, not your This study also calls into question the as- devices. capital gains taxes, not any of your taxes. sumptions behind another industry assertion This is just another example of pick- that the medical-device tax will result in a ing winners and losers and finding an b 1320 loss of 43,000 U.S. jobs. That figure, the industry that is successful and saying, By the way, Mr. Chairman, it’s very AdvaMed authors told Bloomberg Govern- Let’s tax them more so we can move rare that we speak that boldly in poli- ment, was based on a ‘‘hypothetical’’ as- that money somewhere else. I’ll tell tics. Oftentimes, we give ourselves sumption of a 10 percent reduction in domes- you what. Let’s just have the best med- space to walk things back. But that is tic employment resulting from manufactur- ers moving their operations offshore to avoid ical innovation in the world continue about as unequivocal a statement as the tax. to be here. Let’s take care of that med- you can get. The study is AdvaMed’s only quantitative ical device tax and clear it out as of I imagine that since that statement analysis of the impact of the tax supporting today. was made in 2008, it’s by accident that

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.025 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3596 CONGRESSIONAL RECORD — HOUSE June 7, 2012 we have, by my count, at least 13 taxes I’m willing to give up mine as well. Mr. POLIS. Why should Members of that violate that pledge. We have a new How many will take that promise? Ev- Congress get special benefits because tax on cigarettes, a tax on non-quali- eryone should. But I fear that their they’re Members of Congress that they fied HSA distributions, a tax on in- party’s political promises will trump vote to deny to their constituents? sured and self-insured health plans, a the promises they should make to help Thankfully, if we defeat the previous tax on tanning services, a tax on brand their constituents. question, Mr. CONNOLLY will bring for- name pharmaceuticals, and, of course, I will vote to stand on the side of the ward an amendment that will address this tax on certain medical devices. My American people, and I encourage this issue. guess is that was done by mistake, and every one of my colleagues in this With that, I am proud to yield 2 min- we need to fix that so that the Presi- Chamber to join me and vote ‘‘no’’ on utes to the gentleman from Virginia dent can keep his promises. ordering the previous question. (Mr. CONNOLLY). So I encourage my friends across the Mr. SCOTT of South Carolina. Mr. Mr. CONNOLLY of Virginia. I thank aisle, as well as my own colleagues, to Speaker, I yield 2 minutes to the gen- my colleague, Mr. POLIS. vote for the rule and to vote for the bill tleman from Ohio (Mr. RENACCI). Mr. Speaker, I rise to urge my col- to help the President out, to help the Mr. RENACCI. Mr. Speaker, I rise leagues to defeat the previous question. President keep his promises so that we today in support of H.R. 436, the Health If we defeat the previous question, we do not raise taxes on anybody in this Care Cost Reduction Act. will move immediately to consider- country who makes less than $250,000. Over the past 18 months, the House ation of an amendment that will en- Mr. POLIS. Mr. Speaker, my col- has been focused on legislation that sure that Members of Congress do not league ended his remarks by saying will help set the table for job creation. shield themselves from changes in don’t raise taxes on people making This recession has proven more stub- health care benefits that would reduce under $250,000. This bill increases taxes born than previous ones in part be- the level of care for our constituents. on people making $40,000, $70,000, even cause it hits solid, middle class jobs In fact, we might even call this the as much as $90,000. That’s what it is— the hardest. The medical technology ‘‘what’s good for the goose’’ amend- it’s a huge middle class tax increase. industry, however, is one area where ment. With that, I yield 2 minutes to the America remains a global leader in In fact, the simple commonsense gentleman from New York (Mr. CROW- manufacturing. There are more than amendment would add a new section at LEY). 35,000 medical technology industry jobs the end of the Legislative Branch Ap- Mr. CROWLEY. I thank my friend in Ohio alone, well paying jobs too. Un- propriations Act to prohibit any pro- from Colorado. fortunately, the President’s health posed repeal of benefits in Social Secu- Mr. Speaker, I rise today to encour- care law wants to punish this indus- rity, Medicare, Medicaid, or the Afford- age my colleagues to vote ‘‘no’’ on or- try’s success. able Care Act from taking effect until dering the previous question so we can His overhaul of the health care indus- it has certified that a majority of consider Mr. CONNOLLY’s amendment try created a 2.3 percent tax on medical Members in this body and the Senate that would give our constituents a device sales in the U.S., which will be are no longer eligible, whether through chance to see whose side their rep- implemented just 6 months from now. automatic or voluntary withdrawal, to resentative is on. As a small business owner myself, I un- receive the very same benefits being Since the Republican majority took derstand this tax will have a huge neg- repealed. office, they have repeatedly focused on ative impact on this industry, killing My colleagues will recall that during chipping away at the protections af- American jobs, slowing medical inno- the health care reform debate, we re- forded by Medicare, Medicaid, Social vation, and harming America’s global sponded to false claims about Members Security, and the Affordable Care Act. competitiveness. That is because this of Congress having gold-plated health Yet many of these same Members are tax is on revenues, not profits. care by removing ourselves from the happy to claim these benefits for them- Some in the Halls of Congress and in Federal Employees Health Benefits selves and their families, even as they this administration who have never program. Members will soon use their vote to deny access to these benefits worked in the private sector may not own State-based exchanges to purchase for the very people who put them in of- realize it, but that is an important dis- insurance just like any other family in fice. The American people deserve bet- tinction. Placing the tax on the rev- their community. ter. enue side makes it much more costly We wanted our constituents to have We’re saying to our colleagues on the for small device makers to pay for it as much confidence as we do that the other side of the aisle: if you’re going because many of them have high rev- exchanges will deliver the care that’s to force your constituents to give up enue levels, but much smaller profit promised. In keeping with that spirit, the right to access affordable insurance margins. You’re taxing them based on my simple amendment would ensure or retirement security, then you how much business they do, not on how Members of Congress stand with their should do the same. much money they make, an idea only residents in living with any changes in Last year, I introduced a resolution career politicians could dream up and benefits we might legislate. that would require all Members of Con- attempt to implement. Mr. Speaker, we can offer our resi- gress to publicly disclose whether they Over 75 percent of medical device dents comfort of mind knowing that participate in the Federal Employees makers are small businesses with fewer Members of Congress will share in Health Benefits program. The rea- than 50 employees. As such, it has been those same benefits or reduced benefits soning was simple: if Republicans wish estimated that this tax will lead to by adopting this simple commonsense to take away quality affordable health somewhere between 15,000 and 50,000 amendment, proving that what is good care from Americans, then they can no lost jobs. I will not stand idly by while for the goose is also good for the gan- longer hide their benefits from the tax- this tax threatens jobs across the coun- der. payers that subsidize their own care. try and my home State of Ohio. That is I urge defeat of the previous ques- The taxpayers are our employers, and why I stand in strong support of the tion. they deserve to know which Members Health Care Cost Reduction Act, which Mr. SCOTT of South Carolina. Mr. are keeping taxpayer subsidized health would repeal this tax. And I thank Rep- Speaker, I yield 1 minute to the gen- benefits for themselves and their fami- resentative PAULSEN for introducing it. tleman from Indiana (Mr. ROKITA). lies while they vote to deny those same We simply cannot be competitively Mr. ROKITA. I thank the gentleman. health care benefits and rights to all global when we tax our manufacturers Mr. Speaker, Indiana is a global lead- American families. and our small businesses at a higher er in medical device innovation in the For all their talk of transparency rate than our foreign competitors tax United States, providing tens of thou- and accountability, my resolution was theirs. sands of high-wage jobs to Hoosiers. met with silence from the other side of I call on my colleagues from both There are over 300 medical device man- the aisle. Today, they have a chance to sides of the aisle to practice some eco- ufacturers in the State, many of them try again and say to their constituents: nomic common sense and join me in small businesses, all working on cut- I won’t take away your benefits unless voting to repeal this tax. ting-edge innovation.

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.027 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3597 Mr. Speaker, we need to preserve now, and will continue to support all Mr. SCOTT of South Carolina. Mr. what is working in America. The med- efforts to repeal the medical device Speaker, I yield myself the remaining ical device industry is working. In fact, tax. time. it’s helping to save manufacturing in Mr. Speaker, the highest level of My assumption is my friends to the this country, period. One of the biggest prosperity occurs when there is a free left truly believe if you say it often threats to the medical device industry market economy and a minimum of enough, it might become true. Even if is the tax punishing policies put forth government regulations. Illinois has it doesn’t become true, if you say it by the last Congress and the President suffered enough. We can’t stand idly by often enough, perhaps someone watch- of the United States, commonly known and watch more burdensome taxes pre- ing will assume that the words being as ObamaCare. It will send these manu- vent honest, hardworking American spoken are somehow true. facturing jobs to other countries so the from getting the quality jobs they de- We’ve heard it several times in the cost of the tax can be made up. serve. last hour, things that have been said Mr. POLIS. I would like to inquire if over and over again because we are ob- b 1330 my colleague has any remaining speak- viously once again in an election year. In addition to sending jobs out of the ers, and I would like to inquire of the After hearing the arguments made by country, this tax, if not repealed, will Speaker how much time remains on the other side regarding the previous only drive up the cost of health care by both sides. question, there is no doubt that we are shifting the costs onto consumers. The SPEAKER pro tempore. The gen- in an election year. To clarify, any future changes in ben- Medical device jobs provide an aver- tleman from Colorado has 21⁄4 minutes age of $60,000 in Indiana alone, which is remaining, and the gentleman from efits to Social Security or Medicare would also and always apply to Mem- 56 percent higher than the State aver- South Carolina has 63⁄4 minutes re- age. The economic impact of Indiana’s maining. bers of this body. There are no excep- medical device industry eclipses $10 Mr. POLIS. I yield myself the re- tions, Mr. Speaker, no, not one excep- billion, and job growth has increased mainder of the time. tion whatsoever. There are no carve- nearly 40 percent in the last few years. Mr. Speaker, at a time when millions outs in the law giving special treat- Similar numbers can be applied to the of Americans are still out of work, ment to Members of Congress under State and across this Nation. here’s yet another bill on the House Social Security or Medicare. But if you say it often enough, per- The SPEAKER pro tempore. The floor that does nothing to create jobs haps someone, somewhere watching time of the gentleman has expired. or get our economy back on track. Mr. SCOTT of South Carolina. I yield This House has already passed re- somewhere in this Nation will come to the conclusion that it must be right. the gentleman an additional 30 sec- peals of the Affordable Care Act several Let me say it one more time. onds. times, and here we have another bill Mr. ROKITA. Although the tax is not Members of Congress will comply that takes three bills and lumps them with the law as it is on Social Security scheduled to take effect until next Jan- together with a controversial payment uary, we are already feeling its chok- and Medicare. mechanism that’s a huge tax increase Secondly, we have heard consistently ing boot on the necks of hardworking on the middle class, and it drives Con- over and over again—and this is an- Americans and sick people. Indiana gress further from consensus and sound other part of that alternate universe medical device companies have already governance. that doesn’t exist unless you want laid off good Americans, thanks to this Again, we’re spending another legis- someone to believe something that is tax, which is just one more example of lative day repealing parts of the Af- simply not true—that somehow recap- this failed Presidency. fordable Care Act that the President turing overpayments of health care The national unemployment rate in- has said he would veto with no oppor- subsidies is now considered a tax. I creased again last month. We cannot tunity for Members of either party to would say that at a time when we face afford to move forward with this ill- offer amendments or substitutes. a $16 trillion debt, we cannot afford to conceived tax on American innovation, Instead of seeking a bipartisan agree- not recapture all the money owed to on American companies who add value ment on reducing health care costs or the Federal Government. to this Nation and its economy. even doing anything to further the re- My friends on the left want people to I encourage all of my colleagues, Mr. peal of the medical device tax, the Re- believe that if you recapture the dol- Speaker, to vote ‘‘yes’’ on the rule and publicans have made it impossible for lars that were given inappropriately for final passage of H.R. 436. many to support this bill by combining that somehow, some way this becomes Mr. POLIS. I have no additional a number of unrelated bills with a huge a tax increase. Let me say it just in speakers on this huge Republican mid- middle class tax increase. This is not case folks listening didn’t understand dle class tax increase. I would like to the transparent one-bill-at-a-time the words that I was speaking. ask my colleague if he has any remain- House that the American people de- Requiring people to return money ing speakers. I am prepared to close. serve. not correctly given to them, this is not I reserve the balance of my time. My colleagues are once again passing a tax, and it certainly is not a tax in- Mr. SCOTT of South Carolina. Mr. on an opportunity for bipartisan re- crease. It is simply a matter of honesty Speaker, I yield 1 minute to the gen- form in favor of simply scoring polit- and integrity. tleman from Illinois (Mr. WALSH). ical points. Mr. Speaker, we’re talking about the Mr. WALSH of Illinois. I thank the Mr. Speaker, I ask unanimous con- health care bill that took $500 billion gentleman for yielding. sent to insert the text of the amend- from Medicare. We’re talking about the Mr. Speaker, Illinois is hurting. Un- ment into the RECORD, along with ex- health care bill that takes $500 billion employment has been above 8 percent traneous material, immediately prior out of the pockets of everyday, average for the past 3 years. The medical tech- to the vote on the previous question. middle class Americans in the form of nology industry is one of the only suc- The SPEAKER pro tempore. Is there tax increases. There is one tax increase cess stories in the State, employing objection to the request of the gen- on those folks who own property, $123 thousands and still growing. tleman from Colorado? billion through a new 3.8 percent tax. The district I represent is home to There was no objection. Today we find ourselves in the position many of these medical technology Mr. POLIS. Mr. Speaker, I urge my of repealing a $29 billion medical device companies. These are quality jobs with colleagues to vote ‘‘no’’ and defeat the tax because the people who need the employees earning, on average, 10 per- previous question so we can make sure medical devices will end up paying that cent more than their counterparts in that Members of Congress don’t receive tax. similar manufacturing fields. special benefits that we would deny to I think we are in a position today, We must act now without hesitation. our constituents. Mr. Speaker, to make sure that over Illinois alone could lose anywhere from I urge a ‘‘no’’ vote on the rule, so we 423,000 Americans who are employed in 1,200 to 1,300 good-paying jobs that sup- can avoid this enormous Republican this country are able to continue to port American families. That’s why I middle class tax increase, and I yield work. I believe that we are in a posi- cosponsored H.R. 436, rise in support back the balance of my time. tion, Mr. Speaker, to ensure that the

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.028 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3598 CONGRESSIONAL RECORD — HOUSE June 7, 2012 health care of millions of Americans asking who was entitled to recognition. Bono Mack Harris Petri continues to be a critical part of the Speaker Joseph G. Cannon (R-Illinois) said: Boren Hartzler Pitts Boustany Hastings (WA) Platts discussion. ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- Brady (TX) Hayworth Poe (TX) Mr. Speaker, we are in a place to Brooks Heck Pompeo gerald, who had asked the gentleman to make sure that new taxes, $29 billion of Broun (GA) Hensarling Posey yield to him for an amendment, is entitled to Buchanan Herger Price (GA) new taxes, don’t continue to destroy the first recognition.’’ Bucshon Herrera Beutler Quayle American jobs. Because the vote today may look bad for Buerkle Huelskamp Reed Mr. Speaker, I urge my colleagues the Republican majority they will say ‘‘the Burgess Huizenga (MI) Rehberg not only to vote for the rule but to vote on the previous question is simply a Burton (IN) Hultgren Reichert Calvert Hunter vote on whether to proceed to an immediate Renacci vote for the underlying legislation. Camp Hurt Ribble The material previously referred to vote on adopting the resolution ..... [and] Campbell Issa Rigell by Mr. POLIS is as follows: has no substantive legislative or policy im- Canseco Jenkins Rivera plications whatsoever.’’ But that is not what Cantor Johnson (IL) Roby AN AMENDMENT TO H. RES. 679 OFFERED BY they have always said. Listen to the Repub- Capito Johnson (OH) Roe (TN) MR. POLIS OF COLORADO lican Leadership Manual on the Legislative Carter Johnson, Sam Rogers (AL) At the end of section 2, add the following: Process in the United States House of Rep- Cassidy Jones Rogers (KY) Notwithstanding any other provision of Chabot Jordan Rogers (MI) resentatives, (6th edition, page 135). Here’s Chaffetz Kelly this resolution, the amendment printed in how the Republicans describe the previous Rohrabacher Coffman (CO) King (NY) Rokita section 3 shall be in order as though printed question vote in their own manual: ‘‘Al- Cole Kingston as the last amendment in the report of the Rooney though it is generally not possible to amend Conaway Kinzinger (IL) Ros-Lehtinen Committee on Rules if offered by Represent- the rule because the majority Member con- Cravaack Kissell Roskam ative Connolly of Virginia or a designee. trolling the time will not yield for the pur- Crawford Kline Ross (FL) That amendment shall be debatable for one pose of offering an amendment, the same re- Crenshaw Labrador Royce hour equally divided and controlled by the Culberson Lamborn Runyan sult may be achieved by voting down the pre- Davis (KY) Lance proponent and an opponent. vious question on the rule..... When the Ryan (WI) Denham Landry Scalise Sec. 3. The amendment referred to in sec- motion for the previous question is defeated, Dent Lankford tion 2 is as follows: Schilling control of the time passes to the Member DesJarlais Latham Schmidt At the end of the bill (before the short Diaz-Balart LaTourette who led the opposition to ordering the pre- Schock Dold Latta title), insert the following: vious question. That Member, because he Schweikert Dreier LoBiondo Members who repeal federal benefits for then controls the time, may offer an amend- Scott (SC) Duffy Long their constituents must forfeit such benefits Scott, Austin ment to the rule, or yield for the purpose of Duncan (SC) Lucas for themselves. Sensenbrenner amendment.’’ Duncan (TN) Luetkemeyer SEC. (a) IN GENERAL.—Any proposed re- Sessions ll In Deschler’s Procedure in the U.S. House Ellmers Lummis Shimkus peal of benefits in Social Security, Medicare, of Representatives, the subchapter titled Emerson Lungren, Daniel Shuster or Medicaid, or of any benefit provided under Farenthold E. ‘‘Amending Special Rules’’ states: ‘‘a refusal Simpson the Patient Protection and Affordable Care Fincher Mack to order the previous question on such a rule Smith (NE) Act (Public Law 111–148), shall not take ef- Fitzpatrick Manzullo [a special rule reported from the Committee Smith (NJ) fect until the Director of the Office of Per- Flake Marchant on Rules] opens the resolution to amend- Fleischmann Matheson Smith (TX) sonnel Management certifies to the Congress ment and further debate.’’ (Chapter 21, sec- Southerland that a majority of the Members of the House Fleming McCarthy (CA) tion 21.2) Section 21.3 continues: ‘‘Upon re- Flores McCaul Stearns of Representatives and a majority of Mem- jection of the motion for the previous ques- Forbes McClintock Stivers Stutzman bers of the Senate have, as of the date that tion on a resolution reported from the Com- Fortenberry McCotter Sullivan is 30 days after the date of the passage of the mittee on Rules, control shifts to the Mem- Foxx McHenry repeal in the respective House, voluntarily Franks (AZ) McIntyre Terry ber leading the opposition to the previous Thompson (PA) and permanently withdrawn from any par- Frelinghuysen McKeon question, who may offer a proper amendment Gallegly McKinley Thornberry ticipation, and waived all rights to partici- or motion and who controls the time for de- Tiberi pate, as such a Member in that benefit. (b) Gardner McMorris bate thereon.’’ Garrett Rodgers Tipton MEMBER DEFINED.—In this section, the Clearly, the vote on the previous question Gerlach Meehan Turner (NY) term ‘‘Member of the House of Representa- on a rule does have substantive policy impli- Gibbs Mica Turner (OH) tives’’ means a Representative in, or a Dele- Gibson Miller (FL) Upton cations. It is one of the only available tools Walberg gate or Resident Commissioner to, the Con- for those who oppose the Republican major- Gingrey (GA) Miller (MI) gress. Gohmert Miller, Gary Walden ity’s agenda and allows those with alter- Goodlatte Mulvaney Walsh (IL) native views the opportunity to offer an al- Gosar Murphy (PA) Webster (The information contained herein was ternative plan. Gowdy Myrick West provided by the Republican Minority on mul- Granger Neugebauer Westmoreland tiple occasions throughout the 110th and Mr. SCOTT of South Carolina. Mr. Graves (GA) Noem Whitfield 111th Congresses.) Speaker, I yield back the balance of Graves (MO) Nugent Wilson (SC) Wittman THE VOTE ON THE PREVIOUS QUESTION: WHAT my time, and I move the previous ques- Griffin (AR) Nunes Griffith (VA) Nunnelee Wolf IT REALLY MEANS tion on the resolution. Grimm Olson Womack This vote, the vote on whether to order the The SPEAKER pro tempore. The Guinta Palazzo Woodall previous question on a special rule, is not question is on ordering the previous Guthrie Paulsen Yoder merely a procedural vote. A vote against or- question. Hall Pearce Young (AK) dering the previous question is a vote Hanna Pence Young (FL) The question was taken; and the Harper Peterson Young (IN) against the Republican majority agenda and Speaker pro tempore announced that a vote to allow the opposition, at least for the ayes appeared to have it. NAYS—179 the moment, to offer an alternative plan. It is a vote about what the House should be de- Mr. POLIS. Mr. Speaker, on that I Ackerman Chandler DeLauro bating. demand the yeas and nays. Altmire Chu Deutch Andrews Cicilline Dicks Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. Baca Clarke (MI) Dingell House of Representatives (VI, 308–311), de- Pursuant to clause 9 of rule XX, the Barrow Clarke (NY) Doggett scribes the vote on the previous question on Chair will reduce to 5 minutes the min- Becerra Clay Donnelly (IN) the rule as ‘‘a motion to direct or control the imum time for any electronic vote on Berkley Cleaver Doyle Berman Clyburn Edwards consideration of the subject before the House the question of adoption. being made by the Member in charge.’’ To Bishop (GA) Cohen Ellison defeat the previous question is to give the The vote was taken by electronic de- Bishop (NY) Connolly (VA) Engel vice, and there were—yeas 240, nays Blumenauer Conyers Eshoo opposition a chance to decide the subject be- Bonamici Cooper Farr fore the House. Cannon cites the Speaker’s 179, not voting 12, as follows: Boswell Costa Fattah ruling of January 13, 1920, to the effect that [Roll No. 358] Brady (PA) Costello Frank (MA) ‘‘the refusal of the House to sustain the de- Braley (IA) Courtney Fudge YEAS—240 mand for the previous question passes the Brown (FL) Critz Garamendi control of the resolution to the opposition’’ Adams Bachmann Berg Butterfield Crowley Gonzalez in order to offer an amendment. On March Aderholt Bachus Biggert Capps Cuellar Green, Al Akin Barletta Bilbray Capuano Cummings Green, Gene 15, 1909, a member of the majority party of- Alexander Bartlett Bishop (UT) Carnahan Davis (CA) Grijalva fered a rule resolution. The House defeated Amash Barton (TX) Black Carney Davis (IL) Gutierrez the previous question and a member of the Amodei Bass (NH) Blackburn Carson (IN) DeFazio Hahn opposition rose to a parliamentary inquiry, Austria Benishek Bonner Castor (FL) DeGette Hanabusa

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.031 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3599 Hastings (FL) McCarthy (NY) Sa´ nchez, Linda sat approximately 12 feet from one an- tion, and he is now, himself, not quite Heinrich McCollum T. other as a young college graduate and as historic a figure because there have Higgins McDermott Sanchez, Loretta Himes McGovern Sarbanes a young law school student. That was been many men who have been Speaker Hinchey McNerney Schakowsky 1962. of the House of Representatives, but Hinojosa Meeks Schiff Through the years, I stayed in Mary- my friend, JOHN BOEHNER, Speaker of Hirono Michaud Schrader land, and that young woman got mar- the House. Hochul Miller (NC) Schwartz Holden Miller, George Scott (VA) ried and moved to California. Just a Mr. BOEHNER. Let me thank my Holt Moore Scott, David few years later, I came to the Congress friend, Mr. HOYER, for yielding. Honda Moran Serrano Hoyer Murphy (CT) of the United States, and 6 years later Mr. Speaker, I rise today to com- Sewell she came to the Congress of the United Israel Nadler Sherman mend our colleague, the gentlelady Jackson (IL) Napolitano Sires States, after having been the chairman from California, on her 25 years of serv- Jackson Lee Neal Smith (WA) of her party in the largest State in the (TX) Olver ice to this institution. It’s the latest in Speier Johnson (GA) Owens Union, having been very much involved a series of milestones for the gentle- Stark Johnson, E. B. Pallone with the United States Senate, having Sutton lady from California. Kaptur Pascrell Thompson (CA) been a leader in our country, not as a On January 4, 2007, I had the privi- Keating Pastor (AZ) Thompson (MS) Kildee Pelosi Member of Congress, but in her role as lege of presenting Leader PELOSI the Kind Perlmutter Tierney a significant party leader and a mem- gavel when she became the first female King (IA) Peters Tonko ber of the Democratic National Com- Towns Speaker of the House. But just as im- Langevin Pingree (ME) mittee. Larsen (WA) Polis Tsongas portant as this anniversary is in and of Larson (CT) Price (NC) Van Hollen When Sala Burton died, herself a itself, it also represents 25 years of Lee (CA) Quigley Vela´ zquez member of a distinguished political commitment and service to this insti- Levin Rahall Visclosky family, this young woman ran for Con- Walz (MN) tution. Lewis (GA) Rangel gress of the United States. Her father Lipinski Reyes Wasserman Now, the gentlelady from California Loebsack Richardson Schultz had served in the Congress of the and I have differing political philoso- Lofgren, Zoe Richmond Waters United States, been a member of the phies, and we’ve had some real battles Lowey Ross (AR) Watt Appropriations Committee, been mayor Luja´ n Rothman (NJ) Waxman here on the floor over the 22 years that Lynch Roybal-Allard Welch of Baltimore city, and been the father I’ve served with her, but many of you Maloney Ruppersberger Wilson (FL) of a mayor of Baltimore city. How know that the gentlelady and I have a Markey Rush Woolsey proud he would be of this young daugh- Matsui Ryan (OH) Yarmuth very, very workable relationship and ter he raised at his knee, not, frankly, we get along with each other fine. We NOT VOTING—12 as somewhat caricatured as a San treat each other very nicely and actu- Baldwin Coble Marino Francisco, but as a Baltimore City ally have a warm relationship, because Bass (CA) Filner Paul pol—I say that with great affection— Bilirakis Kucinich Shuler we all serve in this institution and we Cardoza Lewis (CA) Slaughter who knew how to put neighborhoods all have work to do to protect the in- together, who knew how to take care of stitution and serve the institution. b 1404 citizens in that city. That’s where she And I can tell all of my colleagues on Messrs. COHEN, CICILLINE, DICKS learned her politics. both sides of the aisle that I enjoy my and LYNCH changed their vote from As Thomas Jefferson had people who relationship with her and enjoy our ‘‘yea’’ to ‘‘nay.’’ attacked him bitterly, she has had the ability to work together. Messrs. CRAWFORD and PETERSON same. We all have that in this game Now, it doesn’t mean that we’re changed their vote from ‘‘nay’’ to that we participate in that we care going to agree on taxes or that we’re ‘‘yea.’’ deeply about. That young woman that going to agree on spending, but I know So the previous question was ordered. I first worked with in 1962 became the I speak for the whole House when I rise The result of the vote was announced highest-ranking woman in the history today to say to the gentlelady from as above recorded. of our country in our government. And California, Mrs. PELOSI, congratula- Stated against: now we note—some celebrate, others tions on 25 years of real service to this Mr. FILNER. Mr. Speaker, on rollcall 359, I note—her attaining of a quarter of a institution. was away from the Capitol due to prior com- century of service in this body. Thank you. mitments to my constituents. Had I been b 1410 Mr. HOYER. Mr. Speaker, before I present, I would have voted ‘‘nay.’’ yield back, the gentlelady from Cali- (By unanimous consent, Mr. HOYER And all of us will be able to tell our was allowed to speak out of order.) grandchildren. I have my grandchildren fornia would like me to yield, and I do so. f now. Maybe I’ll have more, but I have a number of them now, and a number Ms. PELOSI. Mr. Speaker, I thank CONGRATULATING SPEAKER of them are young women, and I tell the gentleman for yielding. PELOSI ON 25 YEARS OF SERV- them how proud they can be of the In the political life that we have here ICE TO CONGRESS leadership and the trail that has been and our service to the American peo- Mr. HOYER. Mr. Speaker, ladies and blazed by this extraordinary woman. ple, I take great pride in always say- gentlemen of the House, all of us I’ve talked to a number of you on the ing, when somebody says to me, Were through our lives meet people, particu- Republican side of the aisle, my good you surprised when somebody did this, larly when we were young—and I’m friend ROY BLUNT, and he says to me, that, or this bill did that or that? I say, sure this happened to people who were he said, Boy, that woman has a spine of I’m hardly ever surprised in politics be- with leaders of our country. Thomas steel. And that she does. Those of us cause I know what the possibilities are. Jefferson, a young man, I’m sure there who have dealt with her know that I am thoroughly surprised today. I were people who met Thomas Jefferson she’s one of the strongest leaders any had absolutely no idea the mischief when he was 25 and they said to them- of us have served with, whether you that Mr. HOYER was up to, going back selves, boy, this guy’s really got his agree with her or don’t agree with her. decades, I might add. But I thank him head in the clouds. And then he became So I rise, Mr. Speaker, to note this for his kind words, and all of you for one of the great people of democracies anniversary of 25 years of service of your nice reception. in our world. NANCY D’ALESANDRO PELOSI, from the I thank the Speaker for his gracious When I was 23 years of age, in 1962, I State of Maryland, the very proud comments as well. While he was speak- was working for a United States Sen- State of Maryland, to have a daughter ing, I was remembering, oh, my good- ator whose name was Daniel Brewster like NANCY, and a State that is proud ness, we’re taking up time on the floor from our State of Maryland. That sum- of its citizen servant, NANCY PELOSI. and it’s personal and that. But then I mer, he hired as an intern a young Ladies and gentlemen, I now have the was recalling that it wasn’t that long woman—younger than me, but about great honor of yielding to my friend. ago when we—maybe 5, 6 years ago my age—close—and we had the oppor- He’s of a different party, but we’re both when we came to the floor to acknowl- tunity to get to know one another. We Americans. We both love this institu- edge that then-Speaker Hastert was

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.008 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3600 CONGRESSIONAL RECORD — HOUSE June 7, 2012 the longest serving Republican Speaker b 1420 Johnson, Sam Mulvaney Scalise of the House and we made much ado Jones Murphy (PA) Schilling It is an honor to serve with you as Jordan Myrick Schmidt about that landmark. So I comfortably Speaker. While I with great joy accept- Kelly Neugebauer Schock accept your kind words, since we could ed the gavel from you that first time, King (IA) Noem Schweikert observe that, and I think and I said, King (NY) Nugent Scott (SC) it wasn’t so joyful to hand it back over. Kingston Nunes Scott, Austin Long may his record stand, at that Nonetheless, it’s all in the Chamber, Kinzinger (IL) Nunnelee Sensenbrenner time. and that’s where we all serve for the Kissell Olson Sessions That passes for humor in certain cir- Kline Owens Shimkus American people. Labrador Palazzo Shuster cles. STENY, you don’t know when and you Lamborn Paulsen Simpson As the gentlemen were speaking, I don’t know where, but one day—one Lance Pearce Smith (NE) was recalling when I was first Speaker Landry Pence Smith (NJ) day—I will repay this magnificent Lankford Petri Smith (TX) and sitting in the chair to welcome the honor you have extended to me, which Latham Pitts Southerland President of the United States to the has taken me totally by surprise. Wait LaTourette Platts Stearns Chamber for the first time, and it was until I talk to my staff about this Latta Poe (TX) Stivers President George W. Bush. President LoBiondo Pompeo Stutzman later. Long Posey Sullivan Bush surprised me that day, too, when STENY HOYER is a great patriot, a Lucas Price (GA) Terry he opened his remarks by saying to the great Marylander, a great American, a Luetkemeyer Quayle Thompson (PA) gathered crowd that many Presidents Lummis Reed Thornberry great Member of Congress—a Member’s Lungren, Daniel Rehberg Tiberi had come to the Congress to speak to a Member, a person who respects every E. Reichert Tipton joint session, but none of them had person he serves with. Mack Renacci Turner (NY) Manzullo Ribble Turner (OH) ever opened their remarks with these STENY HOYER—and Mr. Speaker, I two words, ‘‘Madam Speaker.’’ Marchant Rigell Upton know I speak for everyone in the Matheson Rivera Walberg And he then went on to say that al- Chamber when I say—we are proud to McCarthy (CA) Roby Walden though my father had served in Con- call you a colleague. McCaul Roe (TN) Walsh (IL) gress with President Roosevelt and McClintock Rogers (AL) Webster Thank you so much for this time. McCotter Rogers (KY) West President Truman, and that was a tre- Mr. HOYER. Mr. Speaker, I yield McHenry Rogers (MI) Westmoreland mendous honor for him, little would back the balance of my time. McIntyre Rohrabacher Whitfield McKeon Rokita Wilson (SC) that compare to the idea that his, he The SPEAKER pro tempore. Without said something like ‘‘baby girl’’ was McKinley Rooney Wittman objection, 5-minute voting will con- McMorris Ros-Lehtinen Wolf sitting in the chair as Speaker of the tinue. Rodgers Roskam Womack Meehan Ross (AR) Woodall House. That was an honor for me. There was no objection. His father honored me for my 25th Mica Ross (FL) Yoder The SPEAKER pro tempore. The Miller (FL) Royce Young (AK) anniversary, President George Herbert question is on the resolution. Miller (MI) Runyan Young (FL) Walker Bush, on President’s Day, by The question was taken; and the Miller, Gary Ryan (WI) Young (IN) inviting me to speak to his library, the Speaker pro tempore announced that NOES—173 Bush library at Texas A&M. We re- the ayes appeared to have it. called a time of civility in the Congress Ackerman Eshoo McGovern when he was President, and we had our RECORDED VOTE Altmire Farr McNerney Mr. POLIS. Mr. Speaker, I demand a Andrews Fattah Meeks disagreements, as the Speaker ac- Baca Frank (MA) Michaud knowledged we still do, but we did so recorded vote. Barrow Fudge Miller (NC) with great civility, and that was what A recorded vote was ordered. Becerra Garamendi Miller, George The SPEAKER pro tempore. This Berkley Gonzalez Moore we talked about that day. I considered Bishop (NY) Green, Al Moran that a great honor. will be a 5-minute vote. Blumenauer Green, Gene Murphy (CT) And I consider this a great honor to The vote was taken by electronic de- Bonamici Grijalva Nadler vice, and there were—ayes 241, noes 173, Boswell Gutierrez Napolitano serve with each and every one of you, Brady (PA) Hahn Neal patriots all, representatives, inde- not voting 17, as follows: Braley (IA) Hanabusa Olver pendent representatives of your dis- [Roll No. 359] Brown (FL) Hastings (FL) Pallone trict. And that word has two meanings. Butterfield Heinrich Pascrell AYES—241 Capps Higgins Pastor (AZ) It’s your title. It’s also our job descrip- Adams Carter Garrett Capuano Himes Pelosi tion, that we represent our districts Aderholt Cassidy Gerlach Carnahan Hinchey Perlmutter and bring the beautiful diversity of Alexander Chabot Gibbs Carney Hinojosa Peters Amash Chaffetz Gibson Carson (IN) Hirono Peterson opinion, of ethnicity, of generations, of Amodei Coffman (CO) Gingrey (GA) Castor (FL) Hochul Pingree (ME) geography, of philosophy to the Con- Austria Cole Gohmert Chandler Holden Polis gress of the United States. The beauty, Bachmann Conaway Goodlatte Chu Holt Price (NC) I say in my district, is in the mix. Bachus Cravaack Gosar Cicilline Honda Quigley Barletta Crawford Gowdy Clarke (MI) Hoyer Rahall While I’m very honored to have Bartlett Crenshaw Granger Clarke (NY) Israel Rangel served as the Speaker of the House, Bass (NH) Culberson Graves (GA) Clay Jackson (IL) Reyes first woman Speaker of the House, first Benishek Davis (KY) Graves (MO) Cleaver Jackson Lee Richardson Berg Denham Griffin (AR) Clyburn (TX) Richmond Italian American Speaker of the House, Biggert Dent Griffith (VA) Cohen Johnson (GA) Rothman (NJ) first Maryland Speaker of the House, Bilbray DesJarlais Grimm Connolly (VA) Johnson, E. B. Roybal-Allard first California Speaker of the House, Bishop (GA) Diaz-Balart Guinta Conyers Kaptur Ruppersberger Bishop (UT) Dold Guthrie Cooper Keating Rush many firsts, it always is the greatest Black Donnelly (IN) Hall Costa Kildee Ryan (OH) privilege of my life, as I’m sure it is Blackburn Dreier Hanna Costello Kind Sa´ nchez, Linda with each of you, to step on the floor of Bonner Duffy Harper Courtney Langevin T. the House to represent and speak for Bono Mack Duncan (TN) Harris Critz Larsen (WA) Sanchez, Loretta Boren Ellmers Hartzler Crowley Larson (CT) Sarbanes the people of each of our individual dis- Boustany Emerson Hastings (WA) Cuellar Lee (CA) Schakowsky tricts. Brady (TX) Farenthold Hayworth Cummings Levin Schiff So I thank you, Mr. Speaker, for Brooks Fincher Heck Davis (CA) Lewis (GA) Schrader Broun (GA) Fitzpatrick Hensarling Davis (IL) Lipinski Schwartz your kind words. While, as you said, we Buchanan Flake Herger DeFazio Loebsack Scott (VA) may not always agree on taxes, we did Bucshon Fleischmann Herrera Beutler DeGette Lofgren, Zoe Scott, David at one time when President Bush was Buerkle Fleming Huelskamp DeLauro Lowey Serrano Burgess Flores Huizenga (MI) Deutch Luja´ n Sewell President, and we worked together at Burton (IN) Forbes Hultgren Dicks Lynch Sherman that time on his stimulus package, Calvert Fortenberry Hunter Dingell Maloney Sires which was tax-oriented. You remember Camp Foxx Hurt Doggett Markey Smith (WA) that. And it was good for the country, Campbell Franks (AZ) Issa Doyle Matsui Speier Canseco Frelinghuysen Jenkins Edwards McCarthy (NY) Stark and it was a good model for us to go Cantor Gallegly Johnson (IL) Ellison McCollum Sutton forward. Capito Gardner Johnson (OH) Engel McDermott Thompson (CA)

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Thompson (MS) Vela´ zquez Waxman (c) CLERICAL AMENDMENT.—The table of sub- SEC. 5. RECAPTURE OF OVERPAYMENTS RESULT- Tierney Visclosky Welch chapters for chapter 32 of such Code is amended ING FROM CERTAIN FEDERALLY- Tonko Walz (MN) Wilson (FL) by striking the item relating to subchapter E. SUBSIDIZED HEALTH INSURANCE. Towns Wasserman Woolsey (a) IN GENERAL.—Paragraph (2) of section Tsongas Schultz Yarmuth SEC. 3. REPEAL OF DISQUALIFICATION OF EX- 36B(f) of the Internal Revenue Code of 1986 is Van Hollen Watt PENSES FOR OVER-THE-COUNTER DRUGS UNDER CERTAIN ACCOUNTS amended by striking subparagraph (B). NOT VOTING—17 AND ARRANGEMENTS. (b) CONFORMING AMENDMENT.—So much of paragraph (2) of section 36B(f) of such Code, as Akin Cardoza Marino (a) HSAS.—Subparagraph (A) of section amended by subsection (a), as precedes ‘‘ad- Baldwin Coble Paul 223(d)(2) of the Internal Revenue Code of 1986 is vance payments’’ is amended to read as follows: Barton (TX) Duncan (SC) Shuler amended by striking the last sentence. Bass (CA) Filner ‘‘(2) EXCESS ADVANCE PAYMENTS.—If the’’. Slaughter (b) ARCHER MSAS.—Subparagraph (A) of sec- Berman Kucinich Waters (c) EFFECTIVE DATE.—The amendments made Bilirakis Lewis (CA) tion 220(d)(2) of such Code is amended by strik- by this section shall apply to taxable years end- ing the last sentence. ing after December 31, 2013. b 1427 (c) HEALTH FLEXIBLE SPENDING ARRANGE- The SPEAKER pro tempore. The gen- MENTS AND HEALTH REIMBURSEMENT ARRANGE- So the resolution was agreed to. tleman from Michigan (Mr. CAMP) and The result of the vote was announced MENTS.—Section 106 of such Code is amended by striking subsection (f). the gentleman from Michigan (Mr. as above recorded. (d) EFFECTIVE DATE.—The amendments made LEVIN) each will control 45 minutes. A motion to reconsider was laid on by this section shall apply to expenses incurred The Chair recognizes the gentleman the table. after December 31, 2012. from Michigan (Mr. CAMP). Stated against: SEC. 4. TAXABLE DISTRIBUTIONS OF UNUSED b 1430 Mr. FILNER. Mr. Speaker, on rollcall 358, I BALANCES UNDER HEALTH FLEXI- was away from the Capitol due to prior com- BLE SPENDING ARRANGEMENTS. GENERAL LEAVE mitments to my constituents. Had I been (a) IN GENERAL.—Section 125 of the Internal Mr. CAMP. Mr. Speaker, I ask unani- present, I would have voted ‘‘no.’’ Revenue Code of 1986 is amended by redesig- mous consent that all Members may Stated for: nating subsections (k) and (l) as subsections (l) have 5 legislative days to revise and ex- and (m), respectively, and by inserting after tend their remarks and to include ex- Mr. AKIN. Mr. Speaker, on rollcall No. 359, subsection (j) the following new subsection: I was delayed and unable to vote. Had I been traneous material on H.R. 436. ‘‘(k) TAXABLE DISTRIBUTIONS OF UNUSED BAL- The SPEAKER pro tempore. Is there present I would have voted ‘‘aye.’’ ANCES UNDER HEALTH FLEXIBLE SPENDING AR- objection to the request of the gen- f RANGEMENTS.— tleman from Michigan? ‘‘(1) IN GENERAL.—For purposes of this section HEALTH CARE COST REDUCTION There was no objection. and sections 105(b) and 106, a plan or other ar- Mr. CAMP. Mr. Speaker, I yield my- ACT OF 2012 rangement which (but for any qualified dis- tribution) would be a health flexible spending self such time as I may consume. Mr. CAMP. Mr. Speaker, pursuant to I come to the floor today in support House Resolution 679, I call up the bill arrangement shall not fail to be treated as a caf- eteria plan or health flexible spending arrange- of H.R. 436, the Health Care Cost Re- (H.R. 436) to amend the Internal Rev- ment (and shall not fail to be treated as an acci- duction Act of 2012. enue Code of 1986 to repeal the excise dent or health plan) merely because such ar- This bill would repeal two of the tax on medical devices, and ask for its rangement provides for qualified distributions. harmful tax hikes contained in the immediate consideration. ‘‘(2) QUALIFIED DISTRIBUTIONS.—For purposes Democrats’ health care law: the med- The Clerk read the title of the bill. of this subsection, the term ‘qualified distribu- ical device tax and restrictions on The SPEAKER pro tempore (Mr. tion’ means any distribution to an individual using health-related savings accounts SIMPSON). Pursuant to House Resolu- under the arrangement referred to in paragraph for over-the-counter medication. tion 679, in lieu of the amendment in (1) with respect to any plan year if— The legislation also includes a provi- the nature of a substitute rec- ‘‘(A) such distribution is made after the last sion that will increase flexibility for date on which requests for reimbursement under health care consumers who use flexible ommended by the Committee on Ways such arrangement for such plan year may be and Means printed in the bill, the made and not later than the end of the 7th spending arrangements. All are fully amendment in the nature of a sub- month following the close of such plan year, paid for by recouping overpayments of stitute consisting of the text of Rules and taxpayer-funded subsidies used to pur- Committee Print 112–23 is adopted and ‘‘(B) such distribution does not exceed the chase health care in the government- the bill, as amended, is considered lesser of— run exchanges. Notably, every one of read. ‘‘(i) $500, or these provisions has bipartisan sup- The text of the bill, as amended, is as ‘‘(ii) the excess of— port. follows: ‘‘(I) the salary reduction contributions made As a result of ObamaCare, beginning under such arrangement for such plan year, H.R. 436 in 2013, a 2.3 percent tax will be im- over posed on the sale of medical devices by Be it enacted by the Senate and House of Rep- ‘‘(II) the reimbursements for expenses incurred resentatives of the United States of America in manufacturers or importers. This tax for medical care made under such arrangement will increase the effective tax rate for Congress assembled, for such plan year. many medical technology companies, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(3) TAX TREATMENT OF QUALIFIED DISTRIBU- (a) SHORT TITLE.—This Act may be cited as TIONS.—Qualified distributions shall be includ- threatening higher costs, job loss, and the ‘‘Health Care Cost Reduction Act of 2012’’. ible in the gross income of the employee in the reduced investment here at home. One (b) TABLE OF CONTENTS.—The table of con- taxable year in which distributed and shall be study predicts that as many as 43,000 tents for this Act is as follows: taken into account as wages or compensation American jobs are at risk if this goes Sec. 1. Short title; table of contents. under the applicable provisions of subtitle C into place. Sec. 2. Repeal of medical device excise tax. when so distributed. A recent Washington Post piece by Sec. 3. Repeal of disqualification of expenses ‘‘(4) COORDINATION WITH QUALIFIED RESERVIST George Will reinforced the threat to for over-the-counter drugs under certain DISTRIBUTIONS.—A qualified reservist distribu- job creation and investment, noting accounts and arrangements. tion (as defined in subsection (h)(2)) shall not be Sec. 4. Taxable distributions of unused bal- treated as a qualified distribution and shall not that Zimmer—based in Indiana—is lay- ances under health flexible spending ar- be taken into account in applying the limitation ing off 450 workers and taking a $50 rangements. of paragraph (2)(B)(i).’’. million charge against earnings; Sec. 5. Recapture of overpayments resulting (b) CONFORMING AMENDMENT.—Paragraph (1) Medtronic expects an annual charge from certain federally-subsidized health of section 409A(d) of such Code is amended by against earnings of $175 million; and insurance. striking ‘‘and’’ at the end of subparagraph (A), ZOLL Medical Corporation’s CEO, Rich SEC. 2. REPEAL OF MEDICAL DEVICE EXCISE TAX. by striking the period at the end of subpara- Packer, says the tax will impact the (a) IN GENERAL.—Chapter 32 of the Internal graph (B) and inserting ‘‘, and’’, and by adding company’s investment in research and Revenue Code of 1986 is amended by striking at the end the following new subparagraph: development, stating that means fewer ‘‘(C) a health flexible spending arrangement subchapter E. jobs for engineers. Plain and simple, (b) CONFORMING AMENDMENTS.— to which subsection (h) or (k) of section 125 ap- (1) Subsection (a) of section 4221 of such Code plies.’’. this tax hike is a job killer, and it is amended by striking the last sentence. (c) EFFECTIVE DATE.—The amendments made must be repealed. I commend com- (2) Paragraph (2) of section 6416(b) of such by this section shall apply to plan years begin- mittee member ERIK PAULSEN for in- Code is amended by striking the last sentence. ning after December 31, 2012. troducing this legislation.

VerDate Mar 15 2010 02:30 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.009 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3602 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Another ObamaCare tax increase, the With that, Mr. Speaker, I reserve the b 1440 medicine-cabinet tax, imposes new re- balance of my time. They signed a letter with others Mr. LEVIN. Mr. Speaker, I yield my- strictions on the purchase of over-the- pledging: counter medications through tax-ad- self such time as I may consume. vantaged accounts used to pay for This bill is mainly a smoke screen. It ‘‘We, as stakeholder representatives, are health care-related needs. Because of is an effort to cover up the failure, in- committed to doing our part to make reform deed the refusal, of Republicans to act a reality in order to make the system more the Democrats’ health care law, pa- affordable and effective for patients and pur- tients must now get a prescription on the key issue facing our Nation: chasers. We stand ready to work with you to from a physician if they want to use jobs and economic growth. accomplish this goal.’’ As ranking member, I sent a letter these accounts to pay for over-the- The first signature on that letter is counter medications. The ban affects last Friday to DAVE CAMP, who chairs from and by the President and CEO of everyday lives. It prevents a mom from the committee with the jurisdiction the Advanced Medical Technology As- using her FSA in the middle of the over the bill before us today, urging ac- sociation. night to buy cough medicine for her tion on six major jobs bills within the sick child without a prescription. It committee’s jurisdiction: extension of Now the Republicans are attempting also leaves doctors saddled with unnec- the section 48(c) advanced energy man- to give that industry a free pass—a free essary appointments to get a prescrip- ufacturing credit; extension of the pro- pass—contrary to their stated commit- tion so that a parent can use their FSA duction tax credit for wind power and ment. The industry has not proposed to buy Claritin for their son’s allergies. other vital advanced-energy incentives; any alternative whatsoever to meet One study estimates that even elimi- extension of the highly successful build that obligation reflected in the letter nating half of these unnecessary ap- America bonds program, which fi- they signed. There is an effort here to pointments could save patients time nanced more than $180 billion in infra- cast repeal of the tax as a small busi- and the health care system more than structure investment; extension of the ness bill. 20 million visits each year, reaping a 100 percent bonus depreciation; cre- The 10 largest companies in this sub- savings of more than $5 billion. These ation of a 10 percent income tax credit market would pay 86 percent of the new restrictions must be repealed, and for small businesses that do create new taxes relating to nondiagnostic de- I’m happy that the provision intro- jobs or increase their payroll; an exten- vices. According to CRS, the 10 largest duced by committee member LYNN sion of a jobs-related expired provision, companies that manufacture medical JENKINS is being considered today. such as the R&D tax credit. devices had total companywide profits The last provision is a new approach The answer: silence and continued in- on all their lines of businesses, both de- that allows consumers the freedom and action by Republicans in this House. vices and other products, of $42 billion flexibility to keep more of their Another bill over which the com- in 2010, including companies mentioned money. Under current law, employees’ mittee has jurisdiction, the highway here, and $48 billion in 2011, and these FSA balances must be spent by the end bill, remains unacted upon. That bill companies had gross revenues from the of the year or they will forfeit any un- would mean millions of jobs. No action. sale of medical devices in 2010 of $133 used balance back to their employers The Republican House message on the billion. under the use-it-or-lose-it rule. Such a highway bill is: our way or the high- There was an effort here also to cast rule encourages wasteful and needless way. And that means no highways. the bill as an effort to stop offshoring, spending at the end of the year. This It is June. There is now the likeli- but this point needs to be made. It’s a legislation would allow participants to hood of no action or none before the fact: The tax applies to all covered de- cash out up to $500 in FSA balances, construction season is over in numer- vices, including those that are im- and those funds would be treated as ous States. That inaction is not an ac- ported. So if anybody thinks they can regular taxable wages. cident. It is deliberate. It is imple- just move overseas and bring it back Allowing Americans to keep more of menting the goal stated 20 months ago here and not pay a tax, they’re simply their hard-earned dollars in these dif- by the Senate Republican leader: incorrect. ficult times is a commonsense goal ‘‘The single most important thing we want The effort to cast this as a jobs bill that should be widely supported. This to achieve is for President Obama to be a involved allegations repeated here dur- provision, championed by Dr. BOU- one-term President.’’ ing the debate on the rule, which were STANY, is a commonsense one; and I It is reflected in the recent interview analyzed by a neutral source and found urge its passage. by the House Republican leader. Mr. to be simply erroneous. A Bloomberg Finally, I would like to take just a CANTOR said the rest of the year will group analysis made that clear: ‘‘The moment to talk about the offset for likely be about ‘‘sending signals, we study used by Republicans cites no evi- this legislation, asking those who re- have huge problems to deal with.’’ ceive higher tax payer-funded premium Sending signals? The American peo- dence for the job loss claim.’’ subsidies than they are eligible to re- ple don’t need and want signals. They Further, the study’s assumptions, ceive to repay all of the overpayment. need for us to take action to strength- ‘‘conflict with economic research, over- Let me be clear: this is a bipartisan off- en the economic recovery. state companies’ incentives to move set. Increasing the amount of overpay- We will hear today Republican efforts jobs offshore, and ignore the positive ments to be repaid was a proposal first to describe the bill before us to repeal effect of new demand’’ created by the put forward by congressional Demo- the tax on medical devices as a jobs health care reform law. crats in the 2010 Medicare doc-fix legis- bill. What it really is is another Repub- Before Rules yesterday, I asked that lation which passed the Democrat-con- lican effort to repeal health care re- my substitute be placed in order to trolled House 409–2. Such an offset was form, step by step, costing, in this allow debate on two real jobs initia- used again when the House passed and case, $29 billion. tives mentioned in my letter to you, the President signed the 1099 repeal We Democrats want more Americans Chairman CAMP: a tax credit for em- last year and more than 70 Democrats to have access to medical devices. ployers that expand their payrolls, and supported that bill. In fact, Health and Health care reform helps do this by ex- an extension of bonus depreciation. Human Services Secretary Sebelius panding insurance coverage to over 30 Those two provisions would help create said: million individuals, which indeed will hundreds of thousands of jobs, not Paying back subsidy overpayments makes help the growth of and the innovation speculation, but real, including in it fairer for all taxpayers. in the medical device industry. And as small businesses. This has not been al- This legislation, and the provisions was true for other health groups bene- lowed. included here, are supported by job cre- fiting from increases in health cov- So we have open rules, as we have ators big and small, patient advocates, erage, the medical device industry was seen the last few days on some bills, senior organizations, and physician asked to help to pay for health care re- that often mainly result in numerous groups. I urge my colleagues to join me form so it would be fully paid for, not amendments, shifting some monies in supporting these groups by voting add to the deficit, as so many Repub- from one place to another in an agen- for the Health Care Cost Reduction lican measures, but it would be fully cy, not often helping to create a single Act. paid for. job, but a closed rule when it comes to

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.041 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3603 bringing up provisions helping to cre- The proposal expected this week would en- erage by a range of payment modifications ate American jobs and economic tirely eliminate this protection, leaving fam- to other sectors of the health industry. The growth. ilies vulnerable to an unaffordable tax bill. medical device industry also stands to gain This is further evidence of what is Many families will be discouraged from en- from the increased demand for medical de- really going on here in this Congress, a rolling in coverage because of the potential vices that a large newly insured population tax liability at the end of the year. Much of will bring. The device tax does not apply to deliberate effort now increasingly the savings from the proposal are achieved devices that individuals can buy retail such undisguised to close the door on action because hundreds of thousands of people are as hearing aids and eye glasses. The device to engender job creation and economic expected to refuse coverage if the cap is industry makes the case that many devices growth before the election. eliminated. Women will be particularly af- are used in acute care settings, where care November 6 is what is driving the Re- fected by the elimination of the cap. Women may be provided whether a person is insured publican Congress. Politics, not people. have lower incomes than men and experience or not. But this would ignore the many de- That is only not cynical, it is, indeed, larger income variability from one year to vices that are used for joint replacement, pernicious. We owe it to the American another. This suggests women will be more treatment of incontinence and other non at risk for repayment penalties. Women also acute surgeries and treatments. It is only people to blow the whistle on this. Too often make the health care decisions for the much, indeed, is at stake. fair that the device industry pays its share family and will be faced with the difficult de- in exchange for significant new revenue op- NATIONAL WOMEN’S LAW CENTER, cision of enrolling in affordable coverage or portunities. Washington, DC, June 6, 2012. forgoing that coverage because of a potential Further, CU opposes the proposed offset for Re Vote No on Protect Medical Innovation tax penalty. the legislation, the elimination of caps on Act of 2011, H.R. 436. The cap on the repayment penalty has al- subsidy repayments for individuals. DEAR REPRESENTATIVE: The National Wom- ready been increased. Eliminating the cap Under the ACA, eligibility for tax credits en’s Law Center writes in strong opposition would eliminate all protections for families subsidies to purchase private plans through to H.R. 436, the Protect Medical Innovation that are doing their best to provide the right health exchanges will be based on an individ- Act of 2011, because it would undermine a information to the exchange but face mid- ual’s annual income, determined retrospec- critical protection in the Affordable Care year changes in income or family size. A tively when taxes are filed. To ease the cash Act (ACA) and reduce financial security for server in a restaurant could gain new shifts flow considerations associated with pur- women and families. The bill would pay for or be promoted to manager. An employer chasing coverage, these credits are the elimination of the modest excise tax on may give unexpected bonuses in December. A advanceable, meaning that families can re- medical devices and other revenue provisions couple could get married mid-year without ceive an estimate of their credit and use of the ACA by increasing the tax liability of fully understanding the impact on household those funds to pay for coverage earlier in the individuals and families receiving premium income and poverty level. The cap on the re- year. However, since many low- and middle- tax credits through the new insurance ex- payment penalty needs to remain in place in income families experience income variation changes. order to protect families and provide the sta- throughout the year due to job changes, sea- The modest excise tax on medical devices bility promised in the ACA. sonal employment and the like, it may mean is a fair way to raise revenue to help finance We urge you to protect the security of fam- that too much or too little credit was award- affordable health care coverage for millions ilies and the revenue provisions of the Af- ed during the year. of Americans. The expansion of health care fordable Care Act so millions of Americans The law currently current caps the amount coverage will benefit a wide range of health- can receive affordable health care by voting individuals must pay back in the event of related industries, including the medical de- no on H.R. 436 and any proposal to eliminate this circumstance. We believe that the cur- vice industry, by increasing demand for their the cap on the repayment penalty. rent cap structure strikes a balance between products. Other industries in the health sec- Very truly yours, discouraging individuals from abusing the tor are contributing to financing an expan- JUDY WAXMAN, system and taking money to which they are sion from which they will profit; it is en- Vice President, Health not entitled and not penalizing individuals tirely appropriate to require the medical de- and Reproductive for working hard to increase their family in- vice industry to make a contribution as well. Rights. come so as not to need a subsidy. Last year The tax will have minimal impact on con- JOAN ENTMACHER, Congress lowered these caps, exposing sub- sumers, because it does not apply to medical Vice President, Family sidy users to more liability. We fear elimi- devices that consumers buy at retail, such as Economic Security. nating these caps would have a chilling ef- eyeglasses or hearing aids, and spending on fect on low income family’s willingness to taxable medical devices represents less than CONSUMERSUNION, use the subsidies to purchase insurance. one percent of total personal health expendi- Yonkers, NY, June 6, 2012. For these reasons Consumers Union urges tures. And the tax will not encourage manu- Hon. PETE STARK, you to reject H.R. 436. We look forward to facturers to shift production overseas: it ap- U.S. House of Representatives, Cannon House working with you on more constructive ways plies equally to imported and domestically Office Building, Washington, DC. to improve the ACA in the future. produced devices, and devices produced in DEAR CONGRESSMAN STARK: Consumers Sincerely, the United States for export are not subject Union, the advocacy arm of Consumer Re- DEANN FRIEDHOLM, to the tax. Repealing this tax and forgoing ports, urges you to oppose H.R. 436. This bill Director, $29 billion in needed revenues would be irre- would subject consumers seeking to afford Health Care Reform. sponsible—even without the outrageous step health insurance to unfair penalties in order of imposing this cost directly on Americans to pay for repeal of the medical device excise I reserve the balance of my time. without access to affordable health care cov- tax under the Affordable Care Act (ACA). Mr. CAMP. Mr. Speaker, I yield 21⁄2 erage. The Congressional Budget Office estimates minutes to a distinguished member of Increasing the tax liability of individuals that repealing the device tax would cost $29 the Ways and Means Committee, Mr. and families receiving premium tax credits billion dollars over the next ten years. CU for health insurance coverage is unfair and PAULSEN of Minnesota. opposes measures that would undermine the Mr. PAULSEN. I thank the chairman would reduce coverage for hundreds of thou- Affordable Care Act’s financing and thus sands of Americans. The ACA provides pre- jeopardize the expansion of health insurance for yielding, and I thank him for his mium tax credits to families with household coverage to currently uninsured or under- leadership on the committee as well. income at or below 400 percent of poverty insured individuals. Mr. Speaker and Members, the med- who enroll in coverage through an exchange. Proponents of the device tax repeal argue ical technology industry is one of An advance payment of the premium tax that it would hinder the device industry’s America’s greatest success stories. credit will go directly to insurance compa- competitiveness and ultimately force manu- This is an industry that has led the nies so that the monthly insurance premium facturers to move jobs overseas. But the ex- global device industry for decades with paid by families is reduced, thereby making cise tax was structured in such a way as to health coverage more affordable for millions avoid this result. The 2.3 percent excise tax life-improving, lifesaving technologies of families. However, there is a ‘‘reconcili- applies to imported as well as domestically that help patients and literally save ation’’ at the end of the year when a family manufactured devices but does NOT apply to lives. files taxes to ensure that the right amount exports. Thus, it should not disadvantage This device industry employs 423,000 of credit was paid to the insurer on the fam- American manufacturers trying to sell prod- Americans across the country. Some of ily’s behalf. The ‘‘reconciliation’’ is based on ucts abroad. Nor would it disadvantage do- our States, like Minnesota, have a high actual household income for the year, while mestically produced products sold in the US, propensity because we have a huge eco- the advance payment is based on a projec- as foreign competitors are subject to the system of medical technology—35,000 tion that could be based on current income same tax. or past tax returns. The ACA included an im- When fully implemented the ACA is ex- jobs, alone, in my State. portant protection by including a cap on the pected to create 30 million newly insured But all that will change, Mr. Speak- amount of repayment penalty a family would consumers in the health sector. The Afford- er, unless we act to stop a new medical have to pay based on ‘‘reconciliation.’’ able Care Act finances the expansion of cov- device, a new $29 million tax that is

VerDate Mar 15 2010 05:33 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.043 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3604 CONGRESSIONAL RECORD — HOUSE June 7, 2012 going to be imposed in just a little over b 1450 fordable Care Act’s advance premium tax 6 months that was part of the Presi- credits, which would raise taxes on middle- How do they finance this legislation? class and low-income families, in many cases dent’s new health care law. Now, this is Like they always do—take it out of the an excise tax. It is not on profits. It is totaling thousands of dollars, notwith- hides of low- and middle-income work- standing that they followed the rules. This a tax that is going to be on revenue. ing families and give it to rich manu- legislation would also increase the number What does that mean? Well, we all facturers. of uninsured Americans. know the names of the big companies The bill eliminates protections in the In sum, H.R. 436 would fund tax breaks for that are successful and do really well health reform law that prevent fami- industry by raising taxes on middle-class and across the country and sell throughout lies from potentially being hit with an low-income families. Instead of working to- the world. gether to reduce health care costs, H.R. 436 I will tell you this: almost every unexpected tax because of unforeseen chooses to refight old political battles over week I get a chance to tour a company income changes. According to the health care. If the President were presented that has five employees, that has 10 Joint Committee, this change by the with H.R. 436, his senior advisors would rec- employees. You have never heard of Republicans would cost over 350,000 ommend that he veto the bill. these companies, but they are working people to become uninsured. CONSUMER GROUPS OPPOSE H.R. 436 on lifesaving and life-improving tech- It’s important to note that the med- nologies. They are doctors. They are ical device industry stood with Presi- ‘‘This bill would subject consumers seeking dent Obama and others in the health to afford health insurance to unfair penalties engineers. They are entrepreneurs. in order to pay for repeal of the medical de- They are innovators. This tax will care industry in May of 2009 and pledged to contribute their fair share vice excise tax . . . When fully implemented change all that because it’s estimated the ACA is expected to create 30 million that this tax will cost 10 percent of the toward making health reform a reality. newly insured consumers in the health sec- workforce. Well, it’s time to put your money tor . . . The medical device industry also I talked to a company earlier this where your mouth was. stands to gain from the increased demand for day, a CEO of a company earlier today, The medical device industry gains medical devices that a large newly insured of a 13-year-old medical device com- more than 30 million newly insured population will bring . . . It is only fair that pany. It employs 1,500 workers here in Americans through health reform, the device industry pays its share in ex- the United States, and he’s consist- many of whom will use medical devices change for significant new revenue opportu- at some point in their lives. Our anal- nities.’’—Consumers Union. ently added 300 jobs a year for the last ‘‘Medical devices are a $65 billion industry few years. He said, point blank, if this ysis shows that the vast majority of that has seen double-digit growth in each of tax goes into effect, it will cost the this tax would be paid by the 10 largest the last five years. A small 2.3% tax is rea- company $14 million. That means 200 device companies—and they’re all sonable considering the substantial sales people less will be hired this next year. highly profitable. growth they will experience when health in- Mr. Speaker, what is worse to point Protecting the very profitable med- surance benefits are extended to an addi- out, companies are already preparing ical device industry from paying a tional 33 million people beginning in 2014. right now for the impact of this tax. small contribution toward health re- Repealing the [medical device] tax would be Companies are already laying off em- form should not be our priority in this a gift to large corporations at the expense of middle-class families.’’—Health Care for ployees. We have heard of companies in Congress. We must create jobs, ensure America NOW! Michigan that are laying off 5 percent patients maintain access to physicians ‘‘The Affordable Care Act established taxes of their workforce in anticipation of and Medicare, and prevent student loan on a wide range of industries that will ben- the tax. So, Mr. Speaker, jobs are rates from doubling on July 1. Those efit from the law . . . it is simply punitive to clearly at risk. are the priorities facing our Nation. demand that low and middle-income families And this will especially hit startup I urge all of my colleagues to join me be asked to fund a tax cut for a profitable in- companies hard, companies that are in voting ‘‘no’’ on this Republican give- dustry that refuses to do its share.’’—Amer- not yet profitable, because this is a tax away to special interests. ican Federation of State, County and Munic- ipal Employees, AFL–CIO. on revenue, not on profits. Mr. Speaker, I am submitting the following We have a chance and an opportunity ‘‘The expansion of health care coverage Statement of Administration Policy opposing will benefit a wide range of health-related to stop this tax dead in its tracks be- H.R. 436, the Protect Medical Innovation Act, industries, including the medical device in- cause it’s an opportunity to protect as well as letters in opposition to the bill. dustry, by increasing demand for their prod- jobs. We passed the bill in committee STATEMENT OF ADMINISTRATION POLICY ucts. Other industries in the health sector just a week ago, under the chairman’s are contributing to financing an expansion H.R. 436—HEALTH CARE COST REDUCTION ACT OF leadership, with bipartisan support. We from which they will profit; it is entirely ap- 2012 have 240 coauthors of support for this propriate to require the medical device in- (Rep. Camp, R-Michigan, and 240 cosponsors, dustry to make a contribution as well . . . legislation with bipartisan support. I June 6, 2012) anticipate we will be successful moving Repealing this tax and forgoing $29 billion in The Affordable Care Act made significant needed revenues would be irresponsible— forward. improvements to the Nation’s health care even without the outrageous step of impos- I ask and urge support for the legisla- system that are helping to improve individ- ing this cost directly on Americans without tion. uals’ health and give American families and access to affordable health care coverage.’’— Mr. LEVIN. I yield 3 minutes to the small business owners more control of their National Women’s Law Center. distinguished gentleman from Cali- own health care. These important changes ‘‘The Affordable Care Act protects con- fornia, a senior member of our com- include: ending the worst practices of insur- sumers by capping the tax penalty they will mittee, Mr. STARK. ance companies; giving uninsured individ- owe if the monthly premium credit received (Mr. STARK asked and was given uals and small business owners the same during the year exceeds the amount of credit permission to revise and extend his re- kind of choice of private health insurance due based on unexpected changes in income marks.) that Members of Congress have; and bringing or family status. Eliminating the caps on re- Mr. STARK. I thank the gentleman down the cost of health care for families and payment will force lower- and middle-income businesses while also reducing Federal budg- individuals and families to make a difficult for yielding. et deficits. decision: Receive advance payments and risk I rise in strong opposition to H.R. 436, H.R. 436, which would repeal the medical having to pay back some or all of the pre- one more piece of Republican legisla- device excise tax, does not advance these mium assistance received at the time of rec- tion that protects special interests at goals. The medical device industry, like oth- onciliation or go without coverage.’’—Fami- the expense of working with families. ers, will benefit from an additional 30 mil- lies USA. This is just another message in an at- lion potential consumers who will gain tempt to undercut the Affordable Care health coverage under the Affordable Care HEALTH CARE FOR AMERICA NOW, Act. It repeals a small excise tax im- Act starting in 2014. This excise tax is one of June 6, 2012. posed on the medical device industry as several designed so that industries that gain DEAR REPRESENTATIVE: On behalf of Health from the coverage expansion will help offset Care for America Now, the nation’s leading their contribution to health reform in the cost of that expansion. grassroots health care advocacy coalition, light of their expanded market. This tax break, as well as other provisions we urge you to oppose H.R. 436, a bill to take I might remind you that repealing in the legislation relating to tax-favored away money from middle-class families who this tax costs $29 billion in deficit health spending arrangements, would be purchase health insurance with the assist- losses. funded by increased repayments of the Af- ance of premium tax credits and give it to

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.044 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3605 medical device manufacturers. The provision Because it is hard to predict the future and Washington, DC, June 5, 2012. would raise taxes on families whose midyear because the repayments could far exceed the HOUSE OF REPRESENTATIVES, changes in income or circumstances cause a penalty for failing to obtain coverage, many Washington, DC. year-end recalculation of their premium tax people will choose to forgo coverage. The DEAR REPRESENTATIVE: On behalf of Fami- credit. Joint Committee on Taxation estimates that lies USA, the national organization for Medical devices are a $65 billion industry it would cause 350,000 people to choose to re- health care consumers, we are writing to ex- that has seen double-digit growth in each of main uncovered. As this is likely to be a press strong opposition to a proposal likely the last five years. A small 2.3% tax is rea- healthier group, participants in the exchange to be considered on the House floor this week sonable considering the substantial sales risk pool would be less healthy, leading to that would undermine protections in the Af- growth they will experience when health in- higher premiums in the exchange. Moreover, fordable Care Act for middle-class families surance benefits are extended to an addi- it is simply punitive to demand that low- and put the financial security of these fami- tional 33 million people beginning in 2014. and middle-income families be asked to fund lies at risk. Repealing the tax would be a gift to large a tax cut for a profitable industry that re- The proposal being considered as part of corporations at the expense of middle-class fuses to do its share. H.R. 436, the Protect Medical Innovation Act families. Under current law, families with- We urge you to oppose H.R. 436. of 2011, would eliminate what remains of a out an offer of affordable insurance at work Sincerely, ‘‘safe harbor’’ that protects individuals and will receive premium subsidies based on in- CHARLES M. LOVELESS, families from substantial tax penalties. We come. Changes during the year—when some- Director of Federal Government Affairs. urge you to reject this proposal. one gets a new job or receives a raise or Under the Affordable Care Act, families when a family member obtains other cov- JUNE 7, 2012. with annual income at or below 400 percent erage—might cause the amount of the ad- Hon. PETE STARK, of poverty ($92,200 for a family of four in vance payment to differ from the payment House of Representatives, 2012) are eligible to receive tax credits to calculated in the end-of-year reconciliation, Washington, DC. help pay for the cost of their health insur- even when income changes have been re- DEAR CONGRESSMAN STARK: On behalf of ance premiums. Families can get credits ported in an accurate and timely way. Under the American Cancer Society Cancer Action paid to insurance companies on a monthly existing law, families are required to repay Network, American Diabetes Association, basis to offset the cost of monthly pre- any excess credit, but that repayment is and American Heart Association, we are miums. At the end of the year, families face capped for low- and middle-income families writing to express our concerns about the a ‘‘reconciliation’’ to ensure that the right earning less than 400% of the federal poverty offset used in H.R. 436, the Health Care Cost amount of credit was paid, based on a fam- level. Reduction Act. Collectively our organiza- ily’s actual—rather than projected—income. This legislation removes the repayment tions represent the interests of patients, sur- The Affordable Care Act protects consumers cap and jeopardizes the financial security of vivors and families affected by four of the by capping the tax penalty they will owe if middle-income families who face unexpected nation’s most prevalent, deadly and costly the monthly premium credit received during lump-sum repayments. Fear of repayment chronic conditions, cancer, diabetes, heart the year exceeds the amount of credit due will cause approximately 350,000 people to disease and stroke. based on unexpected changes in income or refuse the premium tax credit assistance and We are deeply concerned that repealing the family status. go uninsured and unprotected against poten- repayment caps for low- and moderate-in- Eliminating the caps on repayment will tially catastrophic health problems and med- come families who are eligible to receive tax force lower- and middle-income individuals ical bills. Over time, the consequence will be credits to help make insurance coverage af- and families to make a difficult decision: Re- fewer families with insurance and higher pre- fordable would undermine the goals of the ceive advance payments and risk having to miums for everyone else who buys health in- Affordable Care Act and result in an esti- pay back some or all of the premium assist- surance coverage. mated additional 350,000 Americans going un- ance received at the time of reconciliation or This bill is another partisan attempt to insured, according to the Joint Committee go without coverage. The problem with this undermine the Affordable Care Act and dem- on Taxation. This policy would discourage is threefold: onstrates troubling priorities. We should not individuals and families from enrolling in (1) Eliminating the safe harbor will likely increase the number of uninsured in order to health insurance coverage through state- result in millions of Americans remaining give tax breaks to wealthy corporations. We based exchanges. uninsured. The fear of facing sizeable repay- urge you to oppose this measure. Moreover, the policy could disproportion- ment penalties at the time of tax filing Sincerely, ately affect people with chronic conditions would create a powerful disincentive for in- ETHAN ROME, like cancer, heart disease and diabetes for dividuals and families to take up the pre- Executive Director. two reasons. First, in the exchanges, pre- mium credits and enroll in exchange cov- miums will be age adjusted, and because peo- erage. (2) Eliminating the safe harbor runs AMERICAN FEDERATION OF STATE, ple with chronic conditions are generally counter to the coverage and cost-contain- COUNTY, AND MUNICIPAL EMPLOYEES. older, their premiums will be relatively ment goals of the Affordable Care Act. By Washington, DC, June 6, 2012. more. Thus, if they have to repay part of a DEAR REPRESENTATIVE: On behalf of the 1.6 undermining the affordability and avail- subsidy that was used to purchase health in- million members of the American Federation ability of coverage for lower- and middle-in- surance, the amount will be relatively large. of State, County and Municipal Employees come individuals and families, this proposal Also, the fear of having to potentially pay (AFSCME), I am writing to urge you to op- would also lessen the ability of the Afford- back part of a subsidy may make them less pose H.R. 436 which is scheduled for consider- able Care Act to help bring the cost of care willing to obtain the coverage they need. ation this week. and coverage under control for all Ameri- Second, some younger and relatively healthy H.R. 436 would repeal the excise tax on cans. people may also choose not to enroll and use medical devices that was enacted to help pay (3) Eliminating the safe harbor undermines a subsidy to help them purchase health in- for health care reform. The Affordable Care the effectiveness of the tax credits. Families surance because they fear a change in in- Act established taxes on a wide range of in- who choose to receive advance payments and come may put them at risk of having to re- dustries that will benefit from the law, in- then face a tax penalty at the time of rec- turn part of the subsidy to the government. cluding hospitals, home health agencies, onciliation will be, understandably, angry. The loss of young, healthy people in the in- clinical laboratories, insurance companies, Likewise, those who choose to forgo the re- surance pools undermines the overarching drug companies and the manufacturers of ceipt of advance payments and cannot afford goal of universal coverage and raises the pre- medical devices. In fighting to repeal the coverage as a result will be upset that they miums of those who remain in the pools. tax, the industry has made dubious claims must go without coverage and pay a penalty Thank you for your consideration of our about the impact it will have on jobs. In because of it. views. fact, an analysis by Bloomberg Government Sincerely, Sincerely, concluded that the effect of the tax ‘‘could RONALD F. POLLACK, CHRISTOPHER W. HANSEN, be offset by demand from millions of new Executive Director. President, American customers.’’ No doubt, the prospect of mil- 1 lions of new paying customers led other in- Cancer Society, Can- Mr. CAMP. I yield 2 ⁄2 minutes to a dustries to accept a share of the cost of cer Action, Network; distinguished member of the Ways and achieving reform. SHEREEN ARENT, Means Committee, the gentlewoman The Joint Committee on Taxation esti- Executive Vice Presi- from Kansas (Ms. JENKINS). mates that repealing the excise tax would dent, Gov’t Affairs & Ms. JENKINS. I thank the gentleman cost $29 billion over 10 years. In order to pay Advocacy, American for yielding, and I thank him for his for this loss of revenue, H.R. 436 would elimi- Diabetes Assn.; leadership on this very important nate the caps on repayments of subsidies re- MARK A. SCHOEBERL, ceived by families who later experience an Executive Vice Presi- issue. improvement in their financial cir- dent, Advocacy & Mr. Speaker, last Thursday, H.R. cumstances. Such an improvement might Health Quality, 5842, the Restoring Access to Medica- come about as the result of a new job or a American Heart tion Act, which I authored and intro- marriage. Assn. duced, passed out of the full Ways and

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.016 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3606 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Means Committee markup with bipar- You can’t make a deal with a Repub- promoting high-quality health care, tisan support. It is now included in this lican and think it’s going to last. It and fostering innovation. ObamaCare bill that is being considered on the surely won’t. And all the other sectors does the opposite. floor today. of the health care industry made simi- Even Medicare’s own actuary warns We all know the President’s health lar deals. that the President’s medical device tax care law is full of pitfalls that make Unlike the Bush-era Congress, the will increase Americans’ monthly pre- health care more expensive for average Democrats insisted their legislation be miums. The tax will also eliminate Americans. While we await the Su- paid for. We paid for the whole thing. more than 40,000 jobs. Passage of this preme Court’s ruling on constitu- Well, guess what? AdvaMed now wants bill will reduce costs and save jobs by tionality of the entire health care over- out of the deal. They never meant it. repealing this tax. haul, there is bipartisan, bicameral They were a flim-flam operation when Mr. Speaker, as a heart surgeon, I agreement that requiring folks to have they came in in the first place. They have used medical innovations that a doctor’s prescription to buy medicine also claim that, Oh, my God, we’re have saved thousands of life. I want to as simple as Advil or cough syrup with going to lose 43,000 jobs. You know who highlight something. Back in the 1950s, their health savings account or flexible did the study? AdvaMed contracted when we had no surgical treatments for savings account is simply wrong. with somebody to do a study; and lo heart disease, a surgeon watched a This provision would repeal the un- and behold, they lost 43,000 jobs. woman die helplessly. After 8 or 9 necessary and punitive ObamaCare Bloomberg had an independent consult- months, he actually devised the very limitation on reimbursement of over- ant look at it, and they find that there first heart-lung machine in his shop. the-counter medications from health is no evidence that there will be any This led to an explosion in technology FSAs, HRAs, and Archer MSAs that jobs lost whatsoever. That was entered that has saved millions of lives the took effect back in 2011. Given the eco- into the RECORD during the earlier de- world over. This was an American in- nomic climate where jobs are hard to bate, and I won’t do it again. novation. find, families are struggling to make The demand for devices will remain Eighty percent of device companies ends meet; and when every dollar steady even after the tax kicks in, and today have fewer than 50 employees. counts, this provision ensures that con- the tax does not only apply to devices These are innovators. These are the sumers have the flexibility to use these made in America and shipped overseas. people who create jobs. These are the savings accounts as they see fit to pur- It applies to every one of them. There’s guarantors of American innovation. chase over-the-counter medications no way you’re going to get out of it. b 1500 they need, exactly when they need So the argument about offshoring And without this, what are we going them. jobs is just political nonsense. They to have with our health care system? Republicans are committed to look- want to call this is a jobs bill—we’re That’s what’s made American health ing for commonsense solutions that ad- saving 43,000 jobs. They were never in care the best on the planet. We don’t dress the chief concern facing both doubt, never in question. want to take a step back. Putting this families and employers: costs. This bill That a company is laying off some- tax in place will discourage these start- and this provision is about lowering body today in anticipation of a tax up innovators. They will not take costs so both families and job creators that goes in effect in 2013, folks, 6 risks, and we’ll harm patients in the have some of the relief that months from now that might be re- long run because of the lack of break- ObamaCare failed to achieve. pealed by the Supreme Court, you can- throughs. I urge my colleagues to support H.R. not tell me that the management of I’m also very pleased that this bill 436 today. these companies are that foolish. contains Ms. JENKINS’s provision that Mr. LEVIN. It is now my pleasure to The SPEAKER pro tempore. The will prevent a middle class tax hike. It yield 3 minutes to another important time of the gentleman has expired. will allow individuals to use their flexi- member of our committee, the gen- Mr. LEVIN. I yield the gentleman an ble spending arrangements to purchase tleman from Seattle, Washington (Mr. additional 1 minute. over-the-counter medications without MCDERMOTT). Mr. MCDERMOTT. They’re going to having to go see a doctor for a prescrip- (Mr. MCDERMOTT asked and was pay for it by having the IRS claw back tion, which is costly and time-con- given permission to revise and extend the subsidy to middle-income families suming. his remarks.) who will be in the new health plans. Finally, I’m pleased that the bill in- Mr. MCDERMOTT. Mr. Speaker, I The Treasury will pay these subsidies cludes bipartisan legislation that I au- never cease to be amazed. I think I’ve directly to the health plan so the indi- thored with Congressman JOHN LARSON seen the silliest thing in the world and viduals won’t even know it happened. of Connecticut to make it easier for then I come out here and they’ve done So they will be invisible to the newly Americans to save their pretax dollars it again. insured, but at the end of the year, in FSAs without losing the money if Sometime in the next 23 days, the middle class people are suddenly going they don’t use it at the end of the year. Supreme Court is going to make a rul- to get a bill from the IRS for some- It’s their money. They should be able ing on whether the Affordable Care Act thing they never knew went there. to keep the money and use it for their is constitutional. If they throw it out, So, in other words, we’re going to let own health care purposes or for what- as the Republican Party at prayer is a hundred-billion-dollar industry pull ever purposes they deem essential for hoping, this tax will have never ex- out of a deal and pay for it by requiring their families. isted. It will be gone because it’s never working people across this country to Americans need tax relief to help been implemented. It’s not affecting write a check to the IRS. Welcome to them with the rising out-of-pocket anybody. This is a PR stunt for the Republican-style health reform. costs of health care and other costs election. The Republicans are helping Vote ‘‘no’’ on this bill. It’s simply an- that they have. We should be encour- the device industry back out of a deal other way to try and repeal aging and not punishing new medical they made during health care reform. ObamaCare. Mr. Obama cares. He breakthroughs. In May 2009, the president of passed a bill. The Republicans have The SPEAKER pro tempore. The AdvaMed, which is the professional or- done nothing since they have been in time of the gentleman has expired. ganization of the device manufactur- charge. Mr. CAMP. I yield an additional 30 ers, signed a letter to President Obama Mr. CAMP. I yield 21⁄2 minutes to a seconds to the gentleman. stating: ‘‘We are ready to work with distinguished member of the Ways and Mr. BOUSTANY. I urge my col- you’’ to do health reform. Means Committee, the gentleman from leagues to support these commonsense The industry later agreed to the ex- Louisiana, Dr. BOUSTANY. solutions in H.R. 436. cise tax, knowing the cost would be off- Mr. BOUSTANY. I thank Chairman Mr. LEVIN. Mr. Speaker, I now yield set by the new demands for devices cre- CAMP for his leadership on this issue. 3 minutes to another very distin- ated by the 30 million new people who I rise in support of this bill. Let’s be guished member of our committee, the would be insured. That was the deal clear: successful health care reform ef- gentleman from New Jersey (Mr. PAS- they made. forts must begin by lowering costs, CRELL).

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.047 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3607 Mr. PASCRELL. Mr. Speaker, I are going to get a lot of new customers, of Americans access to lifesaving care, thank the ranking member. This bill particularly in the age group which I including medical devices. The Repub- repeals the 2.3 percent excise tax on mentioned before. We’re not against lican goal is to kill health care reform; medical devices used in the United free enterprise. But they agreed at the my goal is to strengthen it. States that was originally enacted as table, since they were all in, and they Today, I will vote to send this bill to part of the Affordable Care Act. Now put it in writing, that they were will- the Senate, where I know a responsible let’s talk straight to the American peo- ing to provide those lowering of costs offset can be found. My two Minnesota ple. How many bills do we have to go of close to $2 trillion. You can’t go Senators are committed to repealing through until you will admit that all back on a deal—let’s call it that. An this tax, and they will find an offset you’re doing is trying to bleed the leg- agreement—let’s make it better. that does no harm. Eliminate this tax islation, which is now law in the I urge my colleagues to protect the and strengthen health care for all United States, so that the resources Affordable Care Act. Vote ‘‘no’’ on this Americans, that’s my goal. are not there to carry out the man- legislation. It will not bring us any Mr. CAMP. At this time I yield 2 date? No industry gets a free pass when closer to health care reform in this minutes to a distinguished member of it comes to health care reform. All sec- country. the Ways and Means Committee, the tors of the health care industry, from Mr. CAMP. Mr. Speaker, at this time gentleman from Washington State (Mr. pharmaceutical companies to hospitals I yield 2 minutes to the distinguished REICHERT). to drug manufacturers and the medical chairman of the Health Subcommittee, Mr. REICHERT. Mr. Speaker, I thank device industry, contributed to the the gentleman from California (Mr. the chairman for yielding me this cost of health reform and were at the HERGER). time. table during these discussions. How dif- Mr. HERGER. I rise in strong support Mr. Speaker, we have been here be- ferent is that? They agreed to this. of the Protect Medical Innovation Act. fore. We’re here today to talk about In fact, in a letter to President Mr. Speaker, it’s a well-known prin- the Health Care Cost Reduction Act, Obama in 2009, the medical device in- ciple if you increase taxes on some- and it’s an act reducing costs from a dustry pledged to do their part in low- thing, you get less of it. The medical bill that’s called the Affordable Health ering health spending by $2 trillion. device tax is a tax on innovation. It’s a Care Act. So let’s just bring a little bit What made them change their mind? tax on creating good-paying American of context into this, Mr. Speaker. jobs, and it’s a tax on the development They committed to making health care b 1510 reform a reality. They put it in writ- of potentially lifesaving medical treat- ing. It’s all in—it’s all in—to lower ment. This isn’t the first time, as I’ve said, health care costs. Now we’ve had some Because it taxes sales instead of in- we’ve been here. The 1099 reform, lan- kind of a moral change of sorts. come, it will be especially harmful to guage included in the so-called Afford- Many of these companies were new startup businesses that aren’t able Care Act, more commonly known present when it was discussed, and they turning a profit yet. My friends on the as ObamaCare, a burdensome tax on understood the long term benefits. other side object to the offset in this small businesses. The Democrats Thanks to health care reform, the med- bill even though it merely requires agreed it needed to be removed from ical device industry stands to gain a that people pay back benefits they the bill. The President agreed and lot of customers and increase a lot of make too much money to qualify for. signed it into law. revenue. According to the RAND Cor- Their view seems to be that we should The CLASS Act that was announced poration, an estimated 33 percent of make it as easy as possible for people by the Secretary of Health, Secretary newly insured adults will be of the age to sign up for taxpayer-funded benefits. Sebelius, we can’t afford to implement 50–64, an age group when many people And if that means we waste some the CLASS Act. That was designed to will need medical devices. By bringing money along the way, so be it. help with long-term health care issues. so many new people into the insurance Mr. Speaker, at a time when we’re Can’t do it; can’t afford it under the market, the Affordable Care Act will borrowing 32 cents of every dollar we Affordable Care Act. provide patients the opportunity to ac- spend, I suggest we should be doubly The Independent Review Board, we’ve cess medical devices that save and im- careful to ensure that benefits go only passed a bill here in the House to elimi- prove their lives. to those who truly need them. nate that. What does that do? It takes This bill that we have before us is The question before us today is sim- away all the choice from the American not about patient care. It is not about ple: do we want less innovation, less people, especially seniors and veterans, saving money in our health care sys- entrepreneurship, less high-tech jobs, on what you want to do with your own tem. It’s just another attempt by the and less medical breakthroughs? If you health care. majority to dismantle health care re- think America has too much of these So, time after time after time we’re form piece by piece. Repealing this pro- things, vote ‘‘no.’’ But if you want to finding language in this bill that is not vision from the Affordable Care Act see more jobs, more startups, and more affordable, that does not give Ameri- once again undermines financing for health care innovation, vote ‘‘yes’’ and cans the opportunity to choose for the law and will unfortunately do more repeal this damaging tax. themselves. It takes away choice. It harm than good. Mr. LEVIN. It’s now my pleasure to takes away freedom. Unlike what happened in the pre- yield 2 minutes to the very distin- Today we’re talking about a 2.3 per- vious 8 years, we want to pay for things guished Member from Minnesota (Ms. cent tax that will cost thousands of so we don’t get ourselves deeper into MCCOLLUM). jobs—about 10,000 in the State of Wash- debt. You don’t get it. Ms. MCCOLLUM. Mr. Speaker, I ington—and it will increase the price of The SPEAKER pro tempore. The thank the gentleman from Michigan these medical devices on things that time of the gentleman has expired. for the time. you may not even think about. For ex- Mr. LEVIN. I yield the gentleman an Mr. Speaker, I want the Affordable ample, a filtration device on a dialysis additional 1 minute. Care Act to be fully implemented for machine, that’s going to be a medical Mr. PASCRELL. And to pay for this the benefit of all Americans. I also sup- device that will be taxed. Who’s going change, the majority once again re- port a healthy growing medical device to pay for that? Well, the claim is that turns to the true-up provision—how industry in Minnesota and across these companies that are making so many times are you going to go America. I support eliminating this much money, they’ll be the ones to pay there?—which only hurts the middle medical device tax, which should never for it. This bill is paid for through class, who receive needed subsidies to have been included in the Affordable those companies. Those costs are enter the health insurance market. Care Act. But at the same time, I passed on to the customers, to the pa- So here’s what’s going to happen in strongly oppose the offset in this bill. tients. the health care bill: insurance compa- This Tea Party Republican-con- The SPEAKER pro tempore. The nies gain a lot of new customers, add- trolled House has voted over and over time of the gentleman has expired. ing to free enterprise. We’re not again to eliminate health reform’s pro- Mr. CAMP. I yield the gentleman an against that. Medical device companies tections and benefits, denying millions additional 15 seconds.

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.048 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3608 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Mr. REICHERT. Thank you, Mr. There was also a promise that the tinue to demand legislation that offers Chairman. law would actually lower premiums, more comfort for the comfortable, So I would say, Mr. Speaker, this bill and yet family premiums are already while actually increasing the number does not have a real good track record, increasing by as much as $1,600 per of uninsured by 350,000. Understand and we should vote for this Health Care year. that. If this legislation becomes law, Cost Reduction Act. I encourage my But there was one promise that was instead of decreasing the number of un- colleagues to do the same. made that was actually kept, and it insured American families, we’ll have Mr. LEVIN. Mr. Speaker, I now have was a promise, Mr. Speaker, from the 350,000 more Americans that don’t have the privilege of yielding 2 minutes to gentlelady from California, who, as health insurance. That’s their plan. the gentleman from Pennsylvania (Mr. Speaker of the House, said, in a nut- Our country continues to face a real CRITZ). shell, We’ve got to pass the bill so that health care crisis. Too many small Mr. CRITZ. I thank the gentleman you can know what’s in it. businesses and individuals are paying for yielding. Well, she did, and we do. too much for too little health care. Mr. Speaker, the medical device in- What’s in it was a cascading group of Millions of families are just one acci- dustry is a unique American success mistakes. One was the 1099 bill—big dent on the way home from work this story, both for patients and for our mistake. It wasn’t found the first time evening, or one illness, one child with a economy. Within the last two decades, around, but we were able to fix that. disability, from facing personal bank- we have seen a rapid growth in medical The second was the CLASS Act, a rec- ruptcy. That has not changed. technology companies in my home ognition that it was a failure and inop- The Affordable Care Act I believe is State of Pennsylvania, providing tens erable. It hasn’t been dealt with by the too weak. It should be much stronger. of thousands of jobs, billions of dollars administration, but at least they put But it is so much better than the sys- in revenue, and contributing to better the white flag up and said it’s ridicu- tem we find ourselves in today with so health outcomes for millions of Ameri- lous. many lacking so much. And it’s far su- cans and patients globally. These are Two other things now have come to perior to the Republican do-little or good-paying jobs that help sustain the our attention. The first is well dis- do-next-to-nothing approach; give the middle class in our country, and we cussed. That is the medical device tax. American people half a life preserver, must create an environment that en- Even the gentleman from Washington, which is their approach. courages 21st century innovative indus- from the other side of the aisle, makes As always, when there is a need for tries like medical device manufac- an argument criticizing the study, but public action, whether it is building a turing. at best he creates a Hobson’s choice. At better bridge or more bridges, or pro- As our economy continues to strug- best, he says, well, it may not kill jobs; viding an opportunity for more young gle, an additional 2.3 percent excise tax Americans to get a college education, would be a burdensome charge on an but then in the alternative, Mr. Speak- er, it’s just going to raise health care or health care—be it preventive care, industry that is steadily growing and school-based care, long-term care—the creating jobs. One medical device com- costs. That’s what that study says. The irony is now we have the chance, Republican answer is always the same: pany that employs hundreds in my dis- No. No. And their excuse is always the trict told me: under the leadership of the gentlelady from Kansas (Ms. JENKINS), to make it same, too: ‘‘The deficit made me do it.’’ We are at full capacity and need to expand. ‘‘I’d like to do something about long- This excise tax will prevent any plans for so that working moms don’t have to have the hassle of going to see a physi- term care, but we just can’t afford to growth in the near future. do it.’’ What a contrast when it comes Mr. Speaker, we simply cannot allow cian when their child is sick in order to buy an over-the-counter medication. to bills like that of today. the potential for job growth, the poten- The SPEAKER pro tempore. The tial for further American innovation This is well thought out. It makes per- fect sense. We need to support this. time of the gentleman has expired. and competitiveness to be lost in to- Mr. LEVIN. I yield the gentleman an day’s economy. I urge an ‘‘aye’’ vote. Mr. LEVIN. Mr. Speaker, I now yield additional 1 minute. Last year, I cosponsored the original Mr. DOGGETT. Because whenever it 3 minutes to another distinguished version of the Protect Medical Innova- is about depleting the Treasury’s abil- member of our committee, the gen- tions Act. There is bipartisan support ity to fund those affordable needs for tleman from Texas (Mr. DOGGETT). to repeal this tax, but in the past week our country, they don’t worry too Mr. DOGGETT. Well, Mr. Speaker, Republicans have muddied the process much about the deficit. $46 billion ear- our long wait is over. A year and a half and decided to play politics with this lier in the year; this bill is part of a after their move to repeal the Afford- bill. package of almost $42 billion of addi- able Care Act, the Republicans are While I strongly disagree with the tional revenue depletion. Later in the back with the ‘‘replace’’ part of their path Republicans have decided to take, summer, we are told they will come up ‘‘Repeal and Replace’’ slogan. And the issue at hand is about sustaining with $4 trillion of Bush tax cut exten- rather than offering an answer to com- and creating American jobs, and I sup- sions. prehensive health care for 30 million port the repeal of the excise tax on What this will ultimately lead to, if more Americans, who need it, all they medical devices. we pursue the irresponsible path,—of have to offer today is a tax break for Mr. CAMP. Mr. Speaker, at this time, which this is just another step—is that Tylenol. Well, I’ll tell you, health care I yield 2 minutes to a distinguished vital public programs that work—Medi- in this country is more than a two-Ty- member of the Ways and Means Com- care and Social Security—cannot be lenol headache, and it needs a more mittee, the gentleman from Illinois sustained. (Mr. ROSKAM). comprehensive response. Mr. ROSKAM. Thank you, Mr. Chair- Of course, the real purpose of their b 1520 man. action today is just this week’s at- They cannot be financed. There is no What I’d like to do is just reflect for tempt to wreck the Affordable Care free lunch to retirement and health se- a minute on some of the promises Act and to protect health insurance curity in this country. It requires that around President Obama’s health care monopolies. Some of these are the very we invest in a responsible way, and law. same health insurers that demand that’s what the Affordable Health Care You remember he said during the more than 20 cents of every dollar for Act does. course of the debate about the health their overhead—20 cents; 10 times the Reject this legislation today, which care law, Mr. Speaker, that if you like administrative cost of the Medicare will undermine that reform, and set us what you have, you can keep it. But system. back in our efforts to provide health what we’ve found is that some esti- But our Republican colleagues never care security to millions of American mates say that up to 30 percent of em- let reality get in the way of ideology families. ployers will actually drop their health when they question most any govern- Mr. CAMP. Mr. Speaker, I yield 1 care coverage. So those folks that have ment initiative that is called ‘‘public,’’ minute to the distinguished majority that coverage, they don’t get to keep as in public education, or ‘‘social,’’ as leader, the gentleman from Virginia that coverage, Mr. Speaker. in Social Security. As usual, they con- (Mr. CANTOR).

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.049 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3609 Mr. CANTOR. Mr. Speaker, I thank sands of American jobs in an industry This wasn’t done lightly, and the de- the gentleman from Michigan, Chair- that is key to economic growth. vice industry isn’t alone in sharing in man CAMP. Mr. Speaker, the President’s veto some of this responsibility. But the de- Mr. Speaker, I rise in support of the threat is notably silent on the other vice industry will also see the benefits legislation before us to reduce health two major provisions of this bill, provi- of having 30 million additional people care costs and expand patient freedom sions championed by Representative covered by health care. Many of those in health care decision-making. LYNN JENKINS and Representative will be customers of the device indus- Speaker BOEHNER and I made clear CHARLES BOUSTANY, to give patients try. yesterday that the House will not act more control over their health savings I’d vote to repeal this provision to raise taxes on anyone. The bill on accounts and flexible spending arrange- today, yesterday, or tomorrow if we the floor today is one step of many ments, respectively. Are these provi- were having a serious discussion about that we will need to take this year to sions acceptable to the White House? the provision with a serious pay-for. ensure that end. Will health savings accounts even be Instead, we’re repealing a tax on an in- Even though the medical device tax permitted if the President’s health care dustry that had over $40 billion in prof- has not yet been applied, the tax has law remains on the books? its in 2010, and we’re paying for it on already led to job losses, and threatens The uncertainty caused by the law the backs of middle class people, some to reverse America’s role as a global highlights, once again, how truly of whom, for the first time in their leader and innovator in the life flawed it is, and why all of the Presi- adult lives, will have access to quality, sciences industry. We know if we want dent’s health care law must be re- affordable health care. to encourage innovators, we cannot tax pealed. Now, this is probably the tenth time them. Mr. Speaker, there are many difficult in this Congress that we’ve repealed, or Mr. Speaker, with all of the bipar- issues that Congress must address to we will vote to repeal, part of the Af- tisan action in the House and Senate ensure America remains a country of fordable Care Act. In addition to that, on legislation to improve the approval opportunity, innovation, and growth. we’ve also voted to repeal the entire process for drugs, biologics, and med- Supporting this bill should be easy. act. ical devices at the Food and Drug Ad- I’d like to thank Representative ERIK This is not honest debate on policy ministration, it would be reasonable to PAULSEN for his leadership in advanc- but, rather, another political cheap assume that Congress could find com- ing this legislation to eliminate a shot at the Affordable Care Act. For mon ground on issues that are core to harmful tax. And I want to recognize these reasons, I urge a ‘‘no’’ vote on promoting jobs and innovation. the leadership of Chairman DAVE CAMP, this legislation. Unfortunately, don’t expect this bill who is working to put forward pro- Mr. CAMP. I yield 2 minutes to the to reach the President’s desk in a time- growth tax reform that will make our gentleman from Pennsylvania (Mr. Tax Code simpler and fairer and result ly fashion, even with Members from GERLACH), a distinguished member of both parties calling for the repeal of in a growing economy. Ways and Means Committee. this harmful tax. The medical device Mr. LEVIN. Could you please indi- Mr. GERLACH. I thank the chairman tax was created as part of the new cate how much time there is on each for his leadership and recognition. health care law and, for that reason side? Mr. Speaker, I rise today in support The SPEAKER pro tempore. The gen- alone, the administration continues to of this legislation and urge my col- tleman from Michigan (Mr. LEVIN) has defend this tax which was only created leagues to vote to stop now a $30 bil- 171⁄2 minutes remaining. The gentleman to fund an unworkable law. lion tax increase on medical innova- from Michigan (Mr. CAMP) has 261⁄4 In fact, Mr. Speaker, the President tion. This pending tax means higher has threatened to veto our bill because minutes remaining. Mr. LEVIN. I yield myself 30 seconds. costs for doctors and hospitals, less in- the tax will pay for his health care law. It’s the Republicans who’ve combined vestment in finding new ways to im- We should not be increasing taxes to these three bills. The Republicans. prove treatments for patients, and pay for a law that a majority of Ameri- And the leader talks about jobs. I fewer jobs for American workers. cans want repealed, a law that even wish he would give instructions to the What’s at stake in Pennsylvania are some ardent supporters admit will not Ways and Means Committee to con- an estimated 20,000 high-tech manufac- work as intended. sider and bring up jobs bills that are turing jobs. Approximately 600 medical Mr. Speaker, the real price is being just languishing from inaction. We device manufacturers have helped our paid by the American people. A tax on need more than signals. We need ac- Commonwealth’s workforce transition medical devices will harm patient care, tion. from a rust-belt economy to a high- not improve it. With this tax, it will I yield 3 minutes to the gentleman tech leader in life sciences, bio- now be more expensive for patients to from California (Mr. THOMPSON), a dis- technology, and medical device manu- walk into the exam room because the tinguished member of our committee. facturing. However, this looming tax bed itself can be classified as a medical Mr. THOMPSON of California. I on innovation threatens to bring a lit- device. The tax will dramatically alter thank the gentleman for yielding. tle bit of that rust back to our manu- the research and development budgets Mr. Speaker and Members, I rise facturing base. of medical device companies. today in opposition to this bill. And Some of the medical device manufac- Mr. Speaker, just yesterday, a con- this is not a tax that I like. As a mat- turers in Pennsylvania have said that stituent of mine from Richmond re- ter of fact, I don’t like this tax at all. forcing them to write larger checks to quested that Congress recognize the The medical device industry has been the Internal Revenue Service would vital importance of research funding on the forefront of creating jobs, push- mean facing decisions about cutting and the direct impact that it could ing medical innovation, and keeping back on research and development or have for her son, Joshua, who was born all of us healthier. But we didn’t pass raising prices. Cutting research and de- with a rare and serious heart defect. this provision in a vacuum, and today velopment would mean patients wait Only 8 years old, Joshua has already we’re not voting to repeal it in a vacu- longer for groundbreaking treatments braved three open-heart surgeries. um. We didn’t pass it to be vindictive and products. There’s no medical procedure today or mean or because we just felt like it. Raising prices would put American that can help this little boy. We need This provision was passed as part of a workers at a disadvantage compared to to encourage the medical innovations, larger bill that was a response to a na- their European competitors who are not stifle them with taxes, so that tional crisis in health care that we’re often propped up by huge government there can be hope for kids like Joshua. experiencing in our country. In order subsidies. Further, the tax is directly causing to do this, we had to make some really Now, I realize the President’s in full job losses and could directly impact hard choices so our grandkids and our campaign mode. He’s traveling around small business growth, as the medical great grandkids weren’t stuck with the the country talking about the impor- device companies often start with just bill for this response, like they were for tance of working together to create a few employees. Overall, this tax the drug benefits for seniors or the tax jobs. So I would respectfully submit could result in the loss of tens of thou- cuts their grandparents enjoyed. then that passing this legislation to

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.050 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3610 CONGRESSIONAL RECORD — HOUSE June 7, 2012 protect American jobs we already have going to cut back on research and de- Stryker had revenue of $8.37 billion on would be at the top of the to-do list velopment; but I cannot support this these products with a net income of that we keep hearing about from the piece of legislation due to the offset $1.3 billion. Everybody is going to have White House. which would repeal the true-up protec- to participate, as they promised, to make health care work. If everybody b 1530 tions for lower- and middle-income families that use the Affordable Care ducks out, people will go uninsured. Mr. Speaker, we should be providing Act’s premium tax credits. According It is now my privilege to yield 3 min- incentives that spur innovation rather to Joint Tax, 350,000 fewer individuals utes to the gentleman from Wisconsin than the Federal Government’s taking will become insured if those protec- (Mr. KIND). more out of the private sector, which tions are repealed, and I can’t support Mr. KIND. I thank the ranking mem- will threaten to drive these manufac- that. ber on the Ways and Means Committee turers out of business or overseas. The reality is that this vote is simply for yielding me this time. I ask that all Members support this another political stunt to chip away at Mr. Speaker, in the waning days of legislation today so that we can stop a the health care reform act. I am open the work we were doing to get the Af- $30 billion tax hike in 2013 and prevent to working with Chairman CAMP. If we fordable Care Act in shape for consider- putting up new barriers that will cost can find a path forward, as I’ve indi- ation before the entire Congress, I American workers their jobs. cated, count me in. This is not the path wasn’t an enthusiastic supporter of the Mr. LEVIN. It is now my pleasure to to pursue. This is not the way to do it. medical device manufacturing tax as yield 3 minutes to another distin- A reminder: This really is not the way one of the pay-fors in order to pay for guished member of our committee, the that this Congress functioned when I health care reform. I, however, agreed gentleman from Massachusetts (Mr. came to it, particularly on the Ways with the President wholeheartedly that health care reform had to be fully paid NEAL). and Means Committee, when you work for. In fact, the idea was to pay for it, Mr. NEAL. I thank the gentleman. with industry and labor to accomplish and then some, so that we had the abil- Mr. Speaker, I rise to talk about the extraordinary things. simplicity of the medical device excise Mr. CAMP. At this time, I yield 2 ity to start reducing our budget defi- tax and to remind people, as the major- minutes to the distinguished chairman cits out into the future. Because of the work that was done ity leader said, that this is really about of the Energy and Commerce Com- and because of the hard negotiations repealing the Affordable Care Act. This mittee, the gentleman from Michigan is not a debate about just the medical and the tradeoffs that were made, the (Mr. UPTON). Congressional Budget Office, in its device excise tax. This is an effort to Mr. UPTON. Mr. Speaker, last week, analysis of the Affordable Care Act repeal the entire action. the House passed, by 387–5, major legis- when it passed, said it would reduce This is a tremendous industry. I’ve lation that impacts millions of jobs by the budget deficit by over $1.2 trillion worked with them for years. There are allowing the faster and safe approval of over the next 20 years. Now, that is a 400 medical device companies that em- medical devices and pharmaceutical ploy 24,000 people and about 82,000 peo- significant achievement—that we are drugs. able to start reforming a health care ple indirectly. It is critical to the Mas- Rather than sending those jobs over- system in desperate need of reform, sachusetts economy. seas, they’re staying here. The admin- pay for it at the same time, work to We are debating the same issue we istration’s impending tax on medical improve the quality of care and the ac- debated 2 years ago when I worked devices is a ticking time bomb for closely with colleagues. By the way, cess of care for 33 million uninsured manufacturing jobs and innovation Americans, but also start bending the the way Congress once functioned was across the country and especially in to work with labor and the respective cost curve in healthcare. Michigan, which is why we need to re- I was concerned about the medical industries and with Members on both peal it and pass this legislation. device tax as an element of the pay-for, sides of the aisle in order to have an Last month, I visited Stryker, a however, because of the vital role that outcome that everybody, if they didn’t major device manufacturer that is the medical device industry has in our love it, could at least come to say that headquartered in Kalamazoo and Por- economy. They play an important role they liked. tage, Michigan. They reinforced the when it comes to job creation. They I negotiated decreasing that tax from harmful impacts that this tax will have enjoy certain competitive advantages 5 to 2.3 percent, and I stood up to those on our corner of the State. Stryker em- here in the United States market. I who thought it ought to be 5 percent. ploys about 2,500 workers in Kalamazoo was concerned about the tax applying The big request from the industry was County. They tell me that the tax is to the sales of the products as opposed that they wanted the devices that were going to cost their company alone $150 to profits because of the impact it will imported to be subject to the same tax. million, and that number does not in- have on smaller manufacturers, which They were absolutely correct. We clude the millions of dollars and thou- operate on a much smaller margin. reached a compromise with the indus- sands of man-hours that they’re going That’s why I support the legislation try that bought into this suggestion to have to expend on ensuring that before us today, but I do so under the because they knew that they would they’re in compliance with that tax. proviso and with the understanding benefit from the expansion of insured These are dollars that could be better that the pay-for that is being used individuals under the Affordable Care spent on wages, research, development, right now is controversial on our side. Act. I should note something that is and investments in lifesaving tech- I don’t think it’s the ideal pay-for. I very important today, which is that nologies, which would not only help don’t believe that it’s going to be the the industry receives Medicare pay- the employment sector but, obviously, pay-for that the Senate would consider ments indirectly via payments from patients as well. Stryker also recently if it takes this measure up. It certainly hospitals. announced the elimination of 1,000 jobs won’t be the pay-for that the President Now I worry about the impact of the worldwide, which is a 5 percent reduc- will feel comfortable signing into law. tax on the medical device industry. If tion in its global sales force. The cause So there is going to be additional work we had a good pay-for today and if ev- of that reduction: making up the cost that we’re going to have to do together erybody agreed that we were going to for this impending tax. to try to find an acceptable bipartisan try to hold onto the basis of the Afford- The President said earlier this year pay-for if we’re going to repeal this tax able Care Act, count me in. One med- that he would do whatever it takes to on an important industry in our coun- ical device company recently said to create jobs in America. He needs to try. me, If we’re going to get hit with a new sign this bill because, without it, it’s I would also submit to my colleagues tax, it’s going to cost our company $100 going to cost jobs—as has been proven on the other side that there are many million a year. To withstand that kind in Michigan alone. proposals under the Affordable Care of tax increase, we’re going to have to Mr. LEVIN. I yield myself 30 seconds. Act that have enjoyed wide bipartisan look at cutting jobs. We very much favor the medical de- support in the past, proposals that can I understand that, and I’m concerned vice industry. They agreed to pay for help find savings in the healthcare sys- about the push for companies that are health insurance coverage. In 2011, tem. They include the build-out of the

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.051 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3611 health information technology system Not far from my hometown is Can- the reality is that no one knows for that our health care providers des- ton, Illinois, an example of what can sure what the court is going to do. So perately need, which will not only im- happen when device manufacturers we must continue to do everything we prove the efficiency of care delivered partner with small communities. In can to get rid of this law. and reduce medical errors, but will fi- May of 2013, Cook Polymer Technology, Today, as a cosponsor of this Health nally start collecting that crucial data a raw material manufacturer, an- Care Cost Reduction Act of 2012, I con- so we know better what works and nounced plans to open a second plant tinue to fulfill my pledge to defund, re- what doesn’t work in the delivery of in Canton, Illinois, a town with a popu- peal, and replace ObamaCare with com- health care. There are delivery system lation of just under 15,000. These two monsense solutions. reforms in the health care reform bill facilities jump-started Canton’s econ- First, this bill defunds ObamaCare by that are already proving effective and omy, leading to the creation of over 100 getting rid of these job-killing taxes. that lead us towards a system that is new well-paying jobs. The 2.3 percent Medicare device tax more integrated, that is more coordi- This partnership also led to a full would cost the taxpayers almost $30 nated, that is patient-focused, thus percentage point drop in Canton’s un- billion, and the cost to the manufac- producing a much better outcome of employment rate. According to Can- turing industry would be about 43,000 jobs, forcing them either to close down care but at a better price. ton’s mayor, private developers are or to ship these jobs overseas. Ultimately, we have to continue now building more homes than at any This bill also repeals ObamaCare’s time in the last 15 years combined in working together to change the way we over-the-counter restrictions on flexi- pay for health care in this country so this little town’s history. None of this ble spending accounts. ObamaCare’s that it’s based on the value—or the would have been possible without government-must-know-everything quality or outcome of care that’s Cook’s decision to invest in Canton. mentality takes the flexibility out of given—and no longer on the volume of Unfortunately for Canton, the looming the flexible spending accounts and services and tests and things that are medical device tax has already resulted drives up the health care costs. Most done regardless of the results. There in Cook’s decision against building a importantly, we’re replacing it with has been wide bipartisan agreement in new factory in the United States. real reforms that promote consumer the past over these issues which are in- This tax will lead to future job losses choice, quality care, and reduced cluded in the Affordable Care Act, but as companies decide to close or cut health care costs. you would never guess it by listening back on their operations in R&D work. This is what the good people of the to the terms of the debate today. Communities like Canton will see their Sixth District of Tennessee expect me The SPEAKER pro tempore. The recent economic gains stalled, and it is to do, why they sent me to Wash- time of the gentleman has expired. why it is imperative that Congress re- ington, and why I’m continuing to Mr. LEVIN. I yield the gentleman an peal this device tax before job losses fight every day to defund, repeal, and additional minute. are realized and America finds it is no replace ObamaCare with commonsense Mr. KIND. While I support the legis- longer the leader in medical device solutions. lation and what it’s trying to accom- technologies. Mr. LEVIN. Mr. Speaker, I reserve plish here, I still think, following to- I urge passage of this bill and the re- the balance of my time. day’s debate, there is going to be a lot peal of the tax. Mr. CAMP. At this time, I yield 1 more work that we’re going to have to Mr. LEVIN. I yield 1 minute to the minute to the distinguished gentleman do in dealing with the other side of the gentleman from North Carolina (Mr. from Illinois (Mr. DOLD). Capitol, with the Senate, as far as com- WATT). Mr. DOLD. Mr. Speaker, I certainly ing up with acceptable pay-fors, in its Mr. WATT. Mr. Speaker, I thank the want to thank the chairman for his mind, and also in working with this ad- ranking member for yielding time. leadership. ministration. I walked in on the last two speakers, I’m pleased to rise in support of this neither of whom said anything I dis- legislation because it will save jobs. We 1540 b agree with, except that I can’t support hear time and time again all across the So hopefully we can reduce this tax the bill because of the pay-for that is country that the biggest issue that we burden on an important industry. But in the bill. face is jobs and the economy. we can do it in a more reasonable and I’m convinced that we should repeal We’ve got an unemployment rate of commonsense fashion so we don’t jeop- the medical device excise tax. I think 8.2 percent, and we need to be focusing ardize the health care access of over it’s driving jobs and innovation off- in on growing our economy. This spe- cial tax increase on medical device 350,000 Americans, which may be ad- shore, and a lot of that is happening in manufacturers frankly would do quite versely impacted with this ‘‘true-up’’ my congressional district. I also think the opposite. It would cost jobs. In the provision, that is being used today to it is counterproductive to talk about 10th District of Illinois, thousands of pay for the repeal of this revenue meas- doing it and paying for it in the way ure. individuals are employed by manufac- that has been proposed in this bill. And turers that provide medical devices. I thank my colleague for the time I I will therefore unfortunately not be Frankly, we need to create an environ- was yielded. able to support the bill as it is written ment here in Washington, D.C., that Mr. CAMP. Mr. Speaker, I yield 2 today and introduced because of the promotes innovation, promotes these minutes to a distinguished member of manner in which it’s being paid for. medical device companies from all the Ways and Means Committee, the I don’t think there is anything com- around the globe to come here to our gentleman from Illinois (Mr. SCHOCK). plicated about this. We need to find a country. Mr. SCHOCK. Mr. Chairman, thank more acceptable way to do what I So I’m pleased to support this legis- you for your leadership on this impor- think a lot of us agree needs to be lation, and I urge my colleagues to sup- tant piece of legislation. done, which is to repeal the medical de- port it as well, because we cannot have Mr. Speaker, I rise today in support vices tax. But this is not the way to additional anxiety, uncertainty that is of the repeal of the 2.3 percent medical pay for it, and we must find an accept- out there in the marketplace. We need device tax created in the health care able pay-for. to make sure that we are growing our law. I thank the ranking member for economy, and we need to do that by This tax will have a devastating im- yielding time. providing an environment right here in pact on jobs, estimated to be over 1,200 Mr. CAMP. I yield 2 minutes to a dis- Washington. Frankly, we’re not doing job losses in the State of Illinois, which tinguished member of the Ways and that today. I support the legislation, already has an unemployment rate Means Committee, the gentlewoman and I urge my colleagues to do the higher than the national average. In- from Tennessee (Mrs. BLACK). same. stead of working on policies that will Mrs. BLACK. Mr. Chairman, thank Mr. LEVIN. I reserve the balance of incentivize economic growth, this tax you for yielding. my time. will stunt it while adversely affecting Mr. Speaker, I hope in the coming Mr. CAMP. At this time, I yield 1 small businesses and local commu- weeks, the Supreme Court strikes down minute to the distinguished gentleman nities. this disastrous piece of legislation, but from California (Mr. BILBRAY).

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.125 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3612 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Mr. BILBRAY. Mr. Speaker, I rise one want to punish innovation by forc- Larry Dosser, President and CEO of MLPC today in strong support of this legisla- ing more taxes on American medical wrote: tion that will repeal the job-killing, in- device companies. That is exactly what This is an unprecedented and devastating novation-destroying tax on medical de- the President’s health care law does, decision, which I believe is a direct result of vices. I want to thank Congressman but we have a chance to repeal this tax Obama’s Healthcare Reform Act. Not only PAULSEN for introducing this legisla- today. does this impact the lives of these very good tion. I hope the Senate will follow suit. people, it also impacts MLPC’s progress on a Mr. Speaker, California, and particu- This tax will hurt the medical device new facility that would be a major dem- onstration project for advanced manufac- larly San Diego, is a hub of medical de- industry, including companies like turing in the Dayton region. vice activity. Companies such as Cook Medical, which has two facilities NuVasive or Edwards Lifesciences Cor- in my district in Canton, Illinois. Cook I have also met with business leaders from poration are but a few of the companies currently has 100 employees, but is Ferno-Washington Inc., a global leader in that are located in my district in Cali- looking to expand and provide more manufacturing and distribution of professional fornia, San Diego. jobs for men and women in Illinois. emergency and healthcare products based in While considering this device tax, Support H.R. 436 to promote innova- Wilmington, Ohio. Ferno says the tax increase we’ve got to understand that the med- tion, jobs and growth across our coun- will cause the company to scale back re- ical device industry in San Diego alone try. search, development, and production of new is a $4.9 billion job-generating, job-cre- Mr. CAMP. Mr. Speaker, I yield 1 products, hampering the company’s ability to ating industry. This industry rep- minute to the distinguished gentleman compete. The executives at Ferno estimate resents one-third of all the life sciences from Ohio (Mr. TURNER). the cost of the tax is equivalent to 23 jobs. industries, employing in my district Mr. TURNER of Ohio. Thank you, Mr. Speaker, now is not the time to impose 10,000 employees with an average in- Mr. Chairman. an extra burden on American businesses come of $100,000. Mr. Speaker, I strongly support the when our economy is struggling to get back The medical device tax will cost jobs. repeal of the ObamaCare medical de- on track. I urge all my colleagues to support That’s not just in my district, but vice tax, which stifles research and H.R. 436 and repeal the 2.3 percent medical across the country. Hopefully we’ll see costs jobs at a time when our economy device excise tax. this tax repealed. Because in the long is struggling to recover. Mr. CAMP. Mr. Speaker, I yield 2 run, this tax may not only cost jobs, My bill, H.R. 1310, which repeals this minutes to a distinguished member of but could cost lives. tax on first responder medical devices, the Ways and Means Committee, the The SPEAKER pro tempore. The shares the goal of H.R. 436, the Health gentleman from Texas (Mr. BRADY). time of the gentleman has expired. Care Cost Reduction Act. Mr. BRADY of Texas. Mr. Chairman, Mr. CAMP. I yield the gentleman an In my community, Mound Laser and thank you for your leadership on this additional 30 seconds. Photonics Center, which provides serv- issue. Mr. BILBRAY. Thank you very ices to the medical device industry, The economic news has been pretty much. I appreciate it, Mr. Chairman. was forced to layoff 10 employees as a grim lately. Last month, America cre- Let’s join together and pass the re- result of this impending tax. Ferno, an- ated a mere 69,000 jobs, the lowest in a peal of this destructive tax and move other company in my community year. The job growth has been cut by forward with good legislation that will which manufactures emergency health two-thirds just the last few months. provide affordable health care while care products, says this tax will result The unemployment rate, the only rea- providing job opportunities for our citi- in reduced research, development and son it went down is so many millions of zens. production of new products. Americans have just given up looking Mr. CAMP. Mr. Speaker, at this time, Mr. Speaker, I urge all of my col- for work. I yield 1 minute to the distinguished leagues to support H.R. 436 and repeal Now we learned today of all the 10 gentleman from Virginia (Mr. HURT). this burdensome tax. economic recoveries since World War Mr. HURT. Mr. Speaker, I rise today Mr. Speaker, beginning in 2013, a 2.3 per- II, this recovery ranks 10th, dead last, in support of the Health Care Cost Re- cent excise tax will be imposed on the sale of and dead last isn’t acceptable to any- duction Act. medical devices by manufacturers, providers, one. The American people know that the or importers. This tax will place yet another This bill stops the killing of 43,000 President’s health care law is costing burden on American businesses, stifling devel- American jobs; 43,000 American jobs us more in premiums and more in opment of innovative life-saving products and will be lost if this new tax on our med- taxes. It’s costing us our constitutional costing jobs when our economy is struggling ical devices, on our stents and pace- liberties, and it is costing us American to recover, and will result in higher costs and makers and others, goes into place. jobs. inferior care for patients. This bill is all about saving jobs. One of the tax increases that will I strongly support the repeal of the 2.3 per- It also lowers the costs for patients support this law is a $20 billion tax on cent medical device excise tax. That is why I because all those taxes get thrown our manufacturers that will result in authored H.R. 1310, to repeal this tax on med- right back on the patients and carried thousands of lost American jobs at a ical devices used by first responders. My bill through, and it stops a tax on innova- time when our unemployment rate is shares the goal of H.R. 436, the Health Care tion in America, at which we are very over 8 percent for the third year in a Cost Reduction Act, which includes a provi- good. It’s key to our economic future. row. Today’s vote keeps faith with the sion to completely repeal the excise tax. This bill prevents that attack. It also American people as we continue work- Earlier this year, a company headquartered allows families the freedom to use ing to repeal this law and to replace it in Miamisburg, Ohio in my district, Mound their health savings accounts to buy with reforms that will deliver higher Laser & Photonics Center, MLPC, wrote to me over-the-counter prescriptions, which quality health care, lower costs, and about the negative effect of this new tax. saves them money and allows them to that will preserve American jobs. MLPC specializes in laser-based micro and keep more of their health savings ac- I urge my colleagues to support this nano-fabrication and provides services to a count amounts the end of the year so bill, and I thank the chairman and the number of markets, including the medical de- that will they don’t use it or lose it. committee for its work on this bill. vice industry. The firm is a tremendous re- In Texas, we’ll lose 2,000 jobs if this search and development success story in bill isn’t signed by the President. I b 1550 southwest Ohio, growing from three employ- know he has vetoed it, but these are Mr. CAMP. Mr. Speaker, I yield 1 ees to over forty. The majority of these work- jobs, Mr. President. This is health care minute to the distinguished gentleman ers have backgrounds in science and engi- costs; this is innovation. This is what from Illinois (Mr. SCHILLING). neering, critical fields our country needs to we ought to be rewarding in America, Mr. SCHILLING. Thank you, Mr. compete in the global economy. not punishing. CAMP. I appreciate your hard work on However, MLPC recently scaled back its op- I support this bill strongly. I applaud this. erations and was forced to lay off 10 employ- Chairman CAMP and the members of Unemployment is the largest prob- ees due to the loss of business from one of the Ways and Means Committee who lem we face today, so why would any- its medical device clients. Specifically, Dr. are bringing it to us.

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.054 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3613 By the way, to make sure it doesn’t Senate leadership has already said it’s ministration, we’re taking a close look add to the deficit, if you get a Federal not taking it up. There’s been issued a at all of these provisions to make sure subsidy in health care for which you’re Statement of Administration policy. that they’re justified, to make sure not eligible, we’ll have you pay it back. The recommendation is the President that they really bring economic bene- We just have you pay back what you would veto it. There’s a certain empti- fits and jobs to this country, not just didn’t earn. That’s the right way to do ness to this debate because the bill pass them along because that’s what’s it, and that’s the right way to pass this isn’t going anywhere. been done in the past, but to really bill. The real significance is that it’s take our oversight responsibilities, re- Mr. CAMP. I yield 2 minutes to the being brought up despite that, raising view responsibilities seriously to make distinguished gentlewoman from Wash- the question, Does the majority in this sure the things that we’re doing are ef- ington (Mrs. MCMORRIS RODGERS). House want a bill that goes somewhere ficient, are effective, and really get to Mrs. MCMORRIS RODGERS. I thank relating to jobs? the core of how do we get this economy the gentleman for yielding. The word ‘‘jobs’’ has been mentioned moving again. Beginning in a few short months, a here more than any other word. As We had the jobs numbers last Friday. 2.3 percent excise tax on medical de- mentioned earlier, there is no evidence They were abysmal. Clearly, the eco- vices will go into effect as a result of that jobs would be lost, as indicated by nomic policies of this administration the President’s health care bill. As the majority. have been a failure. We’re, obviously, George Will recently wrote, this new The only study says that the 43,000 trying to address some of the other tax will ‘‘tax jobs out of existence.’’ claim is wrong. So what’s really at policies of this administration that Last year, I had the opportunity to stake here, the significance of this de- aren’t going to work. And clearly, host a jobs and innovation roundtable bate is this: Will the majority do more there are flaws in the health care bill. discussion with leaders from the med- than signal in this session, in its re- We’ve had bipartisan support to fix ical device industry. One of the CEOs maining months, or will it take up jobs some of them, like repealing that oner- that was a part of the roundtable stat- legislation? I think there’s an increas- ous 1099 provision that would have put ed that if you’re trying to destroy an ing indication that they, the majority, a wet blanket over all small businesses industry, you’re doing a very good job do not want a jobs bill that will go as they try to file paperwork on every of it. anywhere. expenditure over $600. It was a ridicu- He was referring both to the delays I mentioned earlier the letter I wrote lous provision. We had strong bipar- at the FDA, as well as the medical de- to the chairman of our committee. I tisan support to repeal it. The Presi- vice tax. In my home State of Wash- mentioned in there six provisions dent signed it. That is law. ington, there are 17 medical device clearly relating to jobs in America, the We’re now looking at today what we companies that provide over 8,700 peo- 48C Advanced Energy Manufacturing can do to improve other problems in ple jobs. These are high-paying jobs Credit that once had bipartisan sup- this health care bill. One of them, with an annual payroll of over $500 mil- port. clearly, is we need to help people save lion. These companies cannot hire new and allow them to afford the kinds of b 1600 employees because of this job-killing medications they need. For example, new tax; 900 people would lose their The production tax credit for wind they tax over-the-counter medications jobs in Washington State. Nationally, power, the Republicans came before the by saying you can’t use your tax-free it’s estimated 43,000 U.S. jobs will be Ways and Means Committee and said, savings account to buy cough syrup for lost directly due to this tax. Extend it. But, silence. The Build your sick child. This is one of 18 new taxes brought to America Bonds program. It helped to So what’s happening is many people you by ObamaCare. This one will cause create hundreds and thousands of are going to doctors. They’re actually medical device companies to reduce jobs—$180 billion in infrastructure in- having to get a prescription so they their research and development funds vestment. The 100 percent bonus depre- can use their flexible spending account, in order to pay for the new tax. ciation that both sides say they sup- the account that they have set aside to Who thinks that decreasing jobs in port. But nothing but inaction. The save for their medical needs. And don’t this economy is a good idea? proposal by the President for a 10 per- we want parents to be able to try to Patients deserve safe and effective cent income tax credit for small busi- find a least-cost alternative? If cough medical devices, and Americans de- nesses that could create jobs, not the syrup will fix the problem that their serve the jobs that create medical de- illusory statements mentioned here. child is having and meet their medical vices. This legislation will help pre- And then the R&D tax credit that the need, shouldn’t we do that first, before serve what has been just a great Amer- chairman of this committee and I have going to the ER or before going to get ican success story driven by our med- championed for years—and all we do is a prescription? Again, what we want to ical devices manufacturers that are de- have a hearing. do is keep parents in the driver’s seat. veloping lifesaving treatments. And so this bill raises starkly this Let them make the medical decisions I urge all of my colleagues to support issue: Does this majority want bills that effect them and their children. H.R. 436. going nowhere, or will they do more So we believe that it’s so important Mr. CAMP. At this time we have no than signal and act to help create jobs that we allow over-the-counter medi- further speakers and are prepared to that the people of this country badly cines to be purchased out of an FSA. close, if the gentleman is prepared to need. That’s the real issue before us That is just a critical thing. And that close. today. has had strong bipartisan support. Mr. LEVIN. I yield myself the bal- I urge a ‘‘no’’ vote on this bill on the The other issue is regarding medical ance of my time. merits. I urge the majority to start devices. Clearly, taxing the medical de- In a sense, there is much at stake in saying ‘‘yes’’ to jobs bills for the people vices is going to do one of two things. this debate. If this bill were to become of the United States of America. It’s going to cost jobs. As Stryker Cor- law, it would unravel health care re- I yield back the balance of my time. poration in my home State of Michigan form. What this industry seems to be Mr. CAMP. I yield myself such time says, it’s responsible for about a thou- asking is a reversal of their commit- as I may consume. sand layoffs as they try to plan for the ment to make health care reform work. I would just say to my friend from future. Or, it’s going to raise costs. Ei- If this Congress and the President were Michigan that we in the committee are ther one is a bad choice for those peo- to say okay, every other industry that in the process of reviewing all of the ple who have medical needs that they participated in saying they pay their tax extenders. There’s going to be need to meet. share to make it viable, they’d come in about a hundred of them that expire at And the last provision in this is, can line, and there would be no answer to the end of the year, research and devel- people keep some of the money in their them. In that sense, this debate, this opment being one of them—one I, obvi- health care or flexible spending ac- issue is significant. ously, have supported over the past. count if they don’t have all their med- But in another sense it really isn’t. Given our budget situation and given ical needs requiring the use of money This bill isn’t going anywhere. The the record deficits run up by this ad- out of that account? Can they save

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.056 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3614 CONGRESSIONAL RECORD — HOUSE June 7, 2012 some of it, or do they have to use it or health care through the ACA. By enacting Mr. MARCHANT. Mr. Speaker, this legisla- lose it and buy extraneous things or these provisions the ACA raises over $4 bil- tion will stop an impending tax created by things they don’t really need. What lion. The Republicans think they will pay for Obamacare on medical devices. This tax sti- this bill would do is say you can keep dismantling the ACA with changes they al- fles innovation, reduces jobs, and increases some of those dollars—up to $500. You ready used to finance two earlier pieces of costs on patients. Congress must act to en- would pay tax on it. And that means legislation. Dipping repeatedly into a pot of sure that the medical device tax does not that if you’ve overestimated what your money that will force hundreds of thousands come in to effect. medical needs are, you can get some of of citizens to forgo health care coverage is not Additionally, I support the new choices this those dollars back and use those. a viable solution. While my colleagues speak bill gives consumers. Users of Health Savings Again, it’s your wages. You’ve put it in about wanting to balance our budget and re- Accounts will once again be able to access there. It’s yours. You should be able to duce our deficit they are busy repealing a tax their HSA funds for over-the-counter pur- get it back. that would add to our precarious fiscal cir- chases. This change reduces unnecessary I think these are all strong provi- cumstances and taking away provisions en- doctor’s office visits that are being made sole- sions. They’ve all had good bipartisan acted in the ACA that generate vitally needed ly to obtain a prescription to use HSA funds. support, both for the substance of them dollars. And, my friends, we are all aware of Lastly, this bill greatly improves Flexible as well as for the pay-for in the bill. the age old axiom that actions speak louder Spending Accounts. Rather than forcing That has had strong bipartisan support than words. unneeded end of year purchases, this bill al- as well. Mr. Speaker, this legislation is not a con- lows for a $500 cash-out option to be consid- So I would urge support for this leg- structive use of this body’s time. We cannot ered as taxable income. This change makes islation. I do think it has a lot of sup- re-litigate the debates of the past. If we are to FSAs much more attractive, giving consumers port in the Senate as well, and I think improve the health care that we are delivering another choice to determine the health care we’re going to see this legislation move to patients, and inspiring and encouraging in- plan that is best for them—rather than the forward. So I urge a ‘‘yes’’ vote, and I novation in our industry, I stand ready and government making that choice. I urge support yield back the balance of my time. willing to work with my colleagues on bipar- of the bill. Mr. DINGELL. Mr. Speaker, I rise today in tisan legislation that will do so. Ms. RICHARDSON. Mr. Speaker, I rise opposition of H.R. 436. We find ourselves, yet Ms. SCHWARTZ. Mr. Speaker, today’s vote today in opposition to H.R. 436, the ‘‘Protect again, going through another Republican dog is nothing more than a political stunt by Con- Medical Innovation Act.’’ This bill would repeal and pony show as my colleagues attempt to gressional Republicans to once again under- a 2.3 percent tax on the sale of medical de- repeal the Affordable Care Act bit by bit with- mine the health care reform law. Republicans vices that was scheduled to take effect in out replacing any of these pieces. I cannot included a ‘‘poison pill’’ to ensure limited 2013 as a part of the healthcare reform legis- lation. The Joint Committee on Taxation, how- even count how many of these circuses we Democratic support rather than work in a bi- ever, has said that this tax elimination would have gone through this session. Instead of partisan manner on an important policy issue. cost the government $29.1 billion in lost rev- working for their constituents, my friends This once again proves they are more inter- enue through fiscal year 2022. across the aisle are busy concocting schemes ested in politics than policy. We should take a serious look at corporate This decrease in revenue would be offset by solely for political gain that will ultimately cost the elimination of the cap on repayments of the American people, this time to the tune of tax policy and its impact on innovation in this country. In Pennsylvania, the medical innova- advance premium tax credits. This provision more than $29 billion. That’s right, the non- had been introduced to aid low- and mod- partisan Congressional Budget Office esti- tion industry is vital to economic growth, em- ploying more than 80,000 people and pumping erate-income families whose economic cir- mates that if the medical device tax is re- cumstances changed dramatically during the pealed it will add to our deficit. more than $13 billion into the local economy. I am proud that Pennsylvania companies are year. The current repayment cap on tax cred- I think we would all agree that the medical its is important to millions of American families technology industry is a critical industry, em- on the front lines of this innovation, and it is essential that they have the ability to grow and facing economic uncertainty because it offers ploying more than 400,000 workers nationwide a guarantee that they will not be hit with unex- and more than 9,000 in my home state. The thrive. We must work together to strengthen Amer- pected tax bills at the end of the year. H.R. work that they do is critical to keeping the ica’s role as a global leader in the medical in- 436 brings the threat of uncapped expenses American people healthy and to keeping our novation sector, which will yield the next gen- and will effectively serve as a deterrent for country competitive. During the drafting of the eration of life-saving treatments and strength- families considering purchasing healthcare Affordable Care Act, the medical device indus- en our economic competitiveness. I urge my coverage. try, along with pharmaceutical companies, in- Republican colleagues to work with us to im- The Joint Committee on Taxation has esti- surance companies and hospitals, committed plement tax policies that will preserve, pro- mated that the loss of revenue will therefore to doing their part to make health reform a re- mote and grow these innovative industries. increase the number of uninsured Americans ality. Advocating to repeal the medical device Mr. PENCE. Mr. Speaker, I rise today in by 350,000, and I fear that the 37th Congres- tax appears to me to be going back on that support of the Health Care Cost Reduction Act sional District of California will be particularly commitment to the President and the Amer- of 2012, H.R. 436, offered by Rep. PAULSEN of impacted. In the city of Los Angeles, it was re- ican people. Minnesota, which will repeal the 2.3 percent ported this month that unemployment had Supporters of H.R. 436 like to say the med- tax on medical devices included in risen to 8.2 percent, or 13.6 percent for Afri- ical device tax hurts small manufacturers, but ObamaCare that is set to take effect at the can Americans and 11 percent for Latinos. In the reality is the ten largest manufacturers will end of this year. construction alone, 28,000 jobs were cut, pay 86 percent of the tax. These same sup- This tax will have a dramatic impact on Indi- along with 13,000 in government. As we de- porters claim the tax will result in the loss of ana, which is one of the leading states in the bate the repayment cap, we must keep in jobs, but they seem to forget about the mil- medical device industry. The ‘‘orthopedic cap- mind these thousands of hardworking citizens lions of new customers that the ACA will pro- ital of the world’’ is in Warsaw, and across the and their families who might otherwise feel the vide device companies. It seems to me that if state 20,000 Hoosiers design, manufacture, security of affordable healthcare coverage in you have 33 million more people with the abil- and sell a multitude of life-saving and life-en- uncertain times. ity to access medical devices, companies may hancing products, creating a $10 billion eco- Mr. Speaker, healthcare reform legislation need some employees to help them meet this nomic impact. does not unfairly target the medical device in- new demand. I agree that it is important that The medical device tax threatens all of that dustry, as many are claiming today. In the the medical device industry can continue to success. Unless it is repealed, Indiana stands spring of 2009, representatives from various succeed, and I believe that the Affordable to lose more than 2,000 jobs in the medical healthcare sectors, including medical device Care Act will do so. device sector. This job-killing tax will stifle in- companies, pledged in a letter to work with In addition to abolishing the medical device novation, harm patients and raise the cost of President Obama to accomplish the goal of a tax, H.R. 436 aims to repeal the definitions the health care for Hoosiers. more affordable and efficient healthcare sys- Affordable Care Act put in place for tax-advan- Repealing the medical device tax will ensure tem. This tax serves as the industry’s contribu- taged flexible spending accounts and health that Hoosiers can continue to lead in the med- tion to the cost of reform. It is not an unrea- savings accounts. A small minority of workers ical device industry. Let us show our commit- sonable sum, especially when the industry benefit in minor ways from these accounts, ment to innovation and job growth today by stands to benefit from an additional 30 million whereas millions of Americans will be guaran- passing the Health Care Cost Reduction Act insured customers. Of those, roughly 10 mil- teed access to comprehensive, affordable and fully repealing the medical device tax. lion will fall between the ages of 50 and 64,

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\K07JN7.057 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3615 an age group with a high proportion of people us today with the 1099 repeal law. Both deal of thousands of Americans, as well as leading needing medical devices. with problematic revenue raisers included in the way in innovation and scientific discovery. The passage of this bill would send a dan- the health reform law, but the 1099 repeal bill And in Florida, which is home to one of our gerous message to other healthcare sectors took a targeted approach that represented nation’s largest medical device economies, the who are contributing to the cost of comprehen- practical policymaking at its best. This effort is impact of this excise tax would be particularly sive healthcare reform. Pharmaceutical com- purely political, and the result is a legislative devastating in a state hit hard by the eco- panies, health insurance companies, skilled goody bag. nomic downturn. nursing facilities, laboratories, and home Moreover, while the 1099 bill’s offset, a Throughout the past year we have been lis- health providers have all taken on additional modification of the health insurance subsidy tening to our local business owners who tell costs and taxes. We should be wary of setting recapture cap, was a difficult pill to swallow, us the economy will not grow and new jobs a precedent that exempts one industry from its H.R. 436’s offset is a poison pill. H.R. 436 will not be created until there is more certainty promised contributions, should other sectors would fully lift the cap, leading an estimated in our economy and more certainty in govern- then push for a similar repeal. 350,000 people to forgo health insurance, ac- ment fiscal and tax policies. H.R. 436 is a Supporters of this bill have also aligned cording to the bipartisan Joint Committee on great first step in doing just that by perma- themselves with small businesses; however, Taxation. These are working Americans earn- nently preventing the medical device tax from any tax relief would be siphoned off to large ing between 133 and 400 percent of the fed- being implemented. corporations. Industry analysts predict that the eral poverty level. Why would the Majority ask Mr. Speaker, I urge my colleagues in the ten largest companies manufacturing medical working and middle income people to bear this United States Senate to follow our lead and devices, who in 2011 had net profits of $48 burden alone? It is unacceptable. quickly pass this legislation and send it to billion, will pay 86 percent of this tax. The As the representative from a part of our President Obama for his signature into law. medical device industry is already very profit- country known for its research and innovation, Further delaying the effort to repeal this harm- able, and the benefit of ten million new cus- I fully understand the importance of the device ful tax will only lead to greater uncertainty tomers will outweigh the cost of the tax. industry. Medical devices have the potential to throughout the medical technology sector, I would like to take an additional moment to save and enrich the lives of Americans, and causing business owners to delay crucial deci- address the Republicans’ claims that this bill the companies that produce them are helping sions about long-term investment and expan- will stop job loss and decelerated innovation. our economy recover by investing in new tech- sion. There is currently no incentive for medical de- nology and providing high-paying, high-skilled The SPEAKER pro tempore. All time vice companies to shift jobs overseas because jobs. Those companies also tried to be good for debate has expired. the tax does not apply to devices sold to other actors in the health insurance reform debate. Pursuant to House Resolution 679, nations. Moreover, devices imported into the Like other industries, device companies under- the previous question is ordered on the United States are subject to the same 2.3 per- stand that the skyrocketing cost of health care bill, as amended. cent tax. This means that there will be no un- represents one of the greatest threats to fami- The question is on the engrossment favorable advantage for foreign-manufactured lies, small business owners, state and federal and third reading of the bill. devices in domestic markets, and there will be budgets, and the overall economy. Attempting The bill was ordered to be engrossed no added cost to selling American devices in to reverse this trend is one of the reasons and read a third time, and was read the the international market. Congress enacted the Affordable Care Act, third time. Mr. Speaker, I was an original supporter of and AdvaMed, the trade association rep- The SPEAKER pro tempore. Pursu- President Obama’s plan for healthcare reform, resenting medical device manufacturers, par- ant to clause 1(c) of rule XIX, further and I believe that H.R. 436 would only be a ticipated in the effort to ensure that the legisla- consideration of H.R. 436 is postponed. step backwards. I will vote against this legisla- tion would be deficit-neutral. f tion, and I urge my colleagues to do the same. The final law brought the original $40 billion Mr. RAHALL. Mr. Speaker, I believe that levy on device manufacturers down to a $20 RECESS changes to the Patient Protection and Afford- billion contribution through a 2.3% excise tax The SPEAKER pro tempore. Pursu- able Care Act are necessary and have co- on medical devices. However, as the ten-year ant to clause 12(a) of rule I, the Chair sponsored and supported several bills in this budget window has shifted, industry reports declares the House in recess for a pe- Congress to amend the health care law before that they expect to paying closer to $29 billion. riod of less than 15 minutes. it takes full effect. We need to monitor this carefully and find a Accordingly (at 4 o’clock and 7 min- West Virginians—our working families, our fair solution that accounts for the additional utes p.m.), the House stood in recess. seniors on fixed incomes, our small busi- business the device industry may acquire as a f nesses—are looking for and deserve sub- result of the Affordable Care Act, while under- stantive action from the Congress to address scoring the need to keep the industry vibrant b 1621 rising health care costs and access to quality and innovative. That is not the discussion we AFTER RECESS care and I regret that the only thing the House are having today, but I hope it is one House majority in this Congress has brought to the Republicans will be willing to have in the near The recess having expired, the House floor is a slew of bills purposely designed to future, and I stand ready to work with them to was called to order by the Speaker pro generate gridlock and stall in the legislative do just that. tempore (Mr. BASS of New Hampshire) process. Mr. YOUNG of Florida. Mr. Speaker, I am at 4 o’clock and 21 minutes p.m. While I do not support this measure, I be- pleased to support the passage of H.R. 436, f lieve that the Congress has a responsibility to the Protect Medical Innovation Act of 2012, HEALTH CARE COST REDUCTION address the concerns that have been raised legislation I agreed to cosponsor last year ACT OF 2012 by health care providers and medical device aimed at repealing yet another harmful job– manufacturers, and I hope that it will do so. killing provision put into place by the Presi- The SPEAKER pro tempore. Pursu- Mr. PRICE of North Carolina. Mr. Speaker, dent’s controversial health care reform law. ant to clause 1(c) of rule XIX, further I will be voting against H.R. 436, not because Unless Congress moves to repeal it, beginning consideration of the bill (H.R. 436) to I believe that the current tax on the device in- in 2013, a 2.3 percent excise tax will be im- amend the Internal Revenue Code of dustry is perfect, but because I object to the posed on the sale of medical devices by man- 1986 to repeal the excise tax on medical politicization of the issue and the use of a fun- ufacturers or importers across the country. devices will now resume. damentally-flawed offset. The medical device tax will increase the ef- The Clerk read the title of the bill. As one of their first acts upon taking the fective tax rate for many medical technology MOTION TO RECOMMIT majority, House Republicans voted to repeal companies. Unfortunately, the tax would be Mr. BISHOP of New York. Mr. Speak- the Affordable Care Act. Since then, they have collected on gross sales, not profits, meaning er, I have a motion at the desk. voted to dismantle the law piece by piece. companies could end up owing more in taxes The SPEAKER pro tempore. Is the Today, they are at it again, and instead of ad- than they produce in profits. As a result, de- gentleman opposed to the bill? dressing industry concerns in a concise and vice companies, many of which are small, en- Mr. BISHOP of New York. I am in its targeted manner, the majority has crammed trepreneurial firms, are expected to pass the current form. together a politically-motivated bill designed to cost of the tax onto consumers, lay off work- The SPEAKER pro tempore. The stick it to the President. Don’t just take my ers, or cut R&D. These actions are unaccept- Clerk will report the motion to recom- word for it. Compare the bill we have before able for an industry currently employing tens mit.

VerDate Mar 15 2010 02:44 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.023 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3616 CONGRESSIONAL RECORD — HOUSE June 7, 2012 The Clerk read as follows: diately proceed to final passage as didn’t exist for this bill. This time Mr. Bishop of New York moves to recom- amended. there is no hiding: Either you support mit the bill H.R. 436 to the Committee on The amendment I offer is a simple, American jobs for Americans or you Ways and Means with instructions to report commonsense effort to discourage don’t. the same back to the House forthwith with American employers from outsourcing I urge all Members to support this the following amendment: American jobs. It conditions the repeal amendment and to protect American Page 1, after line 8, insert the following: of the medical device tax on an em- jobs. (b) PROHIBITING TAX BENEFITS FOR COMPA- NIES THAT OUTSOURCE AMERICAN JOBS.— ployer keeping jobs in the United I yield back the balance of my time. (1) IN GENERAL.—The amendment made by States. If a device manufacturer sends Mr. PAULSEN. Mr. Speaker, I with- subsection (a) shall not apply to any sale of jobs overseas during a calendar year, draw my point of order and seek time a taxable medical device by the manufac- then the repeal of the tax does not in opposition. turer, producer, or importer which apply to that manufacturer for that The SPEAKER pro tempore. The gen- outsourced American jobs during the testing year. tleman withdraws his point of order. period with respect to such sale. Both Democrats and Republicans The gentleman from Minnesota is (2) DETERMINATION OF OUTSOURCED AMER- want to create conditions that get recognized for 5 minutes. ICAN JOBS.—For purposes of paragraph (1), American jobs are outsourced by a manufac- American families back to work; both Mr. PAULSEN. Mr. Speaker, this mo- turer, producer, or importer, as the case may Democrats and Republicans agree that tion is nothing more than a distraction be, during a testing period if the manufac- the Tax Code should discourage em- from the real issue, and that is stop- turer, producer, or importer has fewer full- ployers from shipping jobs overseas; ping a massive, job-killing tax increase time equivalent employees in the United and both Democrats and Republicans from taking place on the medical de- States on the last day of the testing period want American families to prosper and vice industry. The legislation before us as compared to the first day of the testing have the opportunity to achieve limit- today is a bipartisan initiative to re- period and has an increase in the full-time less possibilities. But we have different peal that tax and make health care equivalent employees outside the United States on the last day of the testing period approaches to achieving that goal. more affordable for all Americans. as compared to the first day of the testing While we have different approaches, I House Republicans want to reduce period. think all reasonable people can agree health care costs and make coverage (3) DEFINITIONS AND SPECIAL RULES.—For that the ultimate job destroyer is out- more affordable for families who are purposes of this subsection— sourcing. struggling. Democrats clearly rammed (A) TESTING PERIOD.—The testing period I listened very carefully to the de- through a one-size-fits-all health care with respect to a sale is the calendar year in bate that took place on the underlying law that has made health care more ex- which the date of sale occurs. bill. Virtually every speaker on the Re- pensive, and now they’re back at it (B) EMPLOYEES OUTSIDE THE UNITED publican side of the aisle mentioned STATES.—An employee shall be treated as again attempting to thwart efforts to employed by the employer outside the jobs, mentioned employment, men- bring down health care costs. United States whether employed directly or tioned job-killing regulations, job-kill- This is about saving American jobs. indirectly through a controlled foreign cor- ing taxes. I think the best way to kill This industry is one of America’s best poration (as defined in section 957) or a pass- a job isn’t a regulation and it isn’t a success stories that accounts for about through entity in which the taxpayer holds tax. The best way to kill a job and to 423,000 jobs across the country. It’s at least 50 percent of the capital or profits kill American opportunity is to have made up of America’s best innovators, interest. that job done by someone overseas in- entrepreneurs, engineers, doctors, and (C) EXCEPTION FOR EMPLOYEES SEPARATED stead of by an American simply be- risk-takers who are improving and sav- VOLUNTARILY OR FOR CAUSE.—The number of full-time equivalent employees shall be de- cause it’s cheaper to have that job done ing lives. This will all change, Mr. termined without regard to any employee overseas. Speaker, unless we stop this tax, a $29 separated from employment voluntarily or This is an issue that weighs heavily billion tax in just a little over 6 for cause. on the minds of our constituents. A months that will cost this industry (4) REGULATIONS.—The Secretary shall pre- 2009 Harvard study found that half of over tens of thousands of jobs, accord- scribe such regulations or other guidance as all Americans are resentful of busi- ing to studies. may be necessary or appropriate to carry out nesses that send jobs overseas, and There’s also two other important this subsection, including regulations or over 80 percent have concern for their provisions that are in this legislation, guidance on employer aggregation, mergers family’s future due to outsourcing. No and acquisitions, and dispositions of an em- Mr. Speaker. First of all, Congress- ployer and rules regarding the payment date American should be fearful that their woman JENKINS’ legislation that en- for taxes owed if the offshoring occurs after job will be shipped overseas, and this sures that all families with an FSA or the date of a sale. Congress should end those policies that an HSA account can use their own Page 1, line 9, strike ‘‘(b)’’ and insert ‘‘(c)’’. provoke this anxiety. health care dollars for their own health Page 2, line 1, strike ‘‘(c)’’ and insert ‘‘(d)’’. The Tax Code still gives incentives to care needs for simple, over-the-counter Mr. BISHOP of New York (during the employers who create jobs in foreign medications without having to go to a reading). Mr. Speaker, I ask unanimous countries rather than here at home. doctor for a prescription. And we’ve consent to waive the reading. Our Republican colleagues rail against also got Congressman BOUSTANY’s leg- The SPEAKER pro tempore. Is there foreign aid, but isn’t providing another islation, which will allow flexible objection to the request of the gen- country a job that an American could spending account participants to with- tleman from New York? do the ultimate example of foreign aid? draw their own unused, hard-earned Mr. PAUL. Mr. Speaker, I object. I doubt we’ll be able to eliminate dollars at the end of the year. The SPEAKER pro tempore. Objec- outsourcing, but with this amendment, tion is heard. this Congress can discourage it. Adopt- b 1630 The Clerk will read. ing this amendment is our first step to- Mr. Speaker, this legislation has 240 The Clerk continued to read. wards reforming our tax system in a coauthors. It’s bipartisanly supported. Mr. PAULSEN. Mr. Speaker, I re- way that benefits American businesses I urge rejection of the motion to re- serve a point of order against the mo- and American workers. Every time a commit and support of the underlying tion to recommit. U.S. business moves operations over- legislation. The SPEAKER pro tempore. A point seas, we lose opportunity, we lose eco- I yield back the balance of my time. of order is reserved. nomic growth, we lose competitiveness, The SPEAKER pro tempore. Without The gentleman from New York is rec- and we lose desperately needed revenue objection, the previous question is or- ognized for 5 minutes. necessary to reduce the deficit. dered on the motion to recommit. Mr. BISHOP of New York. Mr. Speak- This bill was considered under a There was no objection. er, this is the final and only amend- closed rule, so Republicans can’t jus- The SPEAKER pro tempore. The ment any Member has been given the tify their opposition with the usual question is on the motion to recommit. opportunity to offer to this bill. It will claim that Democrats are trying to The question was taken; and the not kill the bill or send it back to com- subvert an open amendment process. Speaker pro tempore announced that mittee. If adopted, H.R. 436 will imme- An open amendment process simply the noes appeared to have it.

VerDate Mar 15 2010 03:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.059 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3617 Mr. BISHOP of New York. Mr. Speak- Dreier Kinzinger (IL) Rivera The yeas and nays were ordered. er, on that I demand the yeas and nays. Duffy Kline Roby Duncan (SC) Labrador Roe (TN) The SPEAKER pro tempore. This The yeas and nays were ordered. Ellmers Lamborn Rogers (AL) will be a 5-minute vote. The SPEAKER pro tempore. Pursu- Emerson Lance Rogers (KY) The vote was taken by electronic de- ant to clause 9 of rule XX, the Chair Farenthold Landry Rogers (MI) Fincher Lankford vice, and there were—yeas 270, nays will reduce to 5 minutes the minimum Rohrabacher Fitzpatrick Latham Rokita 146, not voting 15, as follows: time for any electronic vote on the Flake LaTourette Rooney [Roll No. 361] question of passage. Fleischmann Latta Ros-Lehtinen Fleming LoBiondo Roskam YEAS—270 The vote was taken by electronic de- Flores Long Ross (AR) vice, and there were—yeas 179, nays Forbes Lucas Adams Garrett Miller (MI) Ross (FL) Fortenberry Luetkemeyer Aderholt Gerlach Miller, Gary 239, not voting 13, as follows: Royce Foxx Lummis Alexander Gibbs Mulvaney [Roll No. 360] Franks (AZ) Lungren, Daniel Runyan Altmire Gibson Murphy (PA) YEAS—179 Frelinghuysen E. Ryan (WI) Amash Gingrey (GA) Myrick Gallegly Mack Scalise Amodei Goodlatte Neugebauer Ackerman Gonzalez Olver Gardner Manzullo Schilling Austria Gosar Noem Altmire Green, Al Owens Garrett Marchant Schmidt Bachmann Gowdy Nugent Andrews Green, Gene Pallone Gerlach Matheson Schock Bachus Granger Nunes Baca Grijalva Pascrell Gibbs McCarthy (CA) Schweikert Barletta Graves (GA) Nunnelee Becerra Gutierrez Pastor (AZ) Gibson McCaul Scott (SC) Barrow Graves (MO) Olson Berkley Hahn Pelosi Gingrey (GA) McClintock Scott, Austin Bartlett Griffin (AR) Owens Berman Hanabusa Perlmutter Gohmert McCotter Sensenbrenner Barton (TX) Griffith (VA) Palazzo Bishop (GA) Heinrich Peters Goodlatte McHenry Sessions Bass (NH) Grimm Paulsen Bishop (NY) Higgins Peterson Gosar McKeon Shimkus Benishek Guinta Pearce Blumenauer Himes Pingree (ME) Gowdy McKinley Shuster Berg Guthrie Pence Bonamici Hinchey Polis Granger McMorris Simpson Biggert Hall Peterson Boswell Hinojosa Price (NC) Graves (GA) Rodgers Smith (NE) Bilbray Hanna Petri Brady (PA) Hirono Quigley Graves (MO) Meehan Bishop (GA) Harper Pitts Braley (IA) Hochul Smith (NJ) Rahall Griffin (AR) Mica Bishop (NY) Harris Platts Brown (FL) Holden Smith (TX) Rangel Griffith (VA) Miller (FL) Bishop (UT) Hartzler Poe (TX) Butterfield Holt Southerland Reyes Grimm Miller (MI) Black Hastings (WA) Pompeo Capps Honda Stearns Richardson Guinta Miller, Gary Blackburn Hayworth Posey Capuano Hoyer Stivers Richmond Guthrie Mulvaney Bonner Heck Price (GA) Cardoza Israel Stutzman Rothman (NJ) Hall Murphy (PA) Bono Mack Hensarling Quayle Carnahan Jackson (IL) Sullivan Roybal-Allard Hanna Myrick Boren Herger Reed Carney Jackson Lee Terry Ruppersberger Harper Neugebauer Boswell Herrera Beutler Rehberg Carson (IN) (TX) Thompson (PA) Rush Harris Noem Boustany Higgins Reichert Castor (FL) Johnson (GA) Thornberry Ryan (OH) Hartzler Nugent Brady (TX) Hochul Renacci Chandler Johnson, E. B. Tiberi Sa´ nchez, Linda Hastings (WA) Nunes Brooks Holden Ribble Chu Jones Tipton T. Hayworth Nunnelee Broun (GA) Huelskamp Rigell Cicilline Kaptur Turner (NY) Sanchez, Loretta Heck Olson Buchanan Huizenga (MI) Rivera Clarke (MI) Keating Turner (OH) Sarbanes Hensarling Palazzo Bucshon Hultgren Roby Clarke (NY) Kildee Upton Schakowsky Herger Paulsen Buerkle Hunter Roe (TN) Clay Kind Herrera Beutler Pearce Walberg Burgess Hurt Rogers (AL) Cleaver Kissell Schiff Huelskamp Pence Walden Burton (IN) Issa Rogers (KY) Clyburn Langevin Schrader Huizenga (MI) Petri Walsh (IL) Calvert Jenkins Rogers (MI) Cohen Larsen (WA) Schwartz Hultgren Pitts Webster Camp Johnson (IL) Rohrabacher Connolly (VA) Larson (CT) Scott (VA) Hunter Platts West Campbell Johnson (OH) Rokita Conyers Lee (CA) Scott, David Hurt Poe (TX) Westmoreland Canseco Johnson, Sam Rooney Costa Levin Serrano Issa Pompeo Whitfield Cantor Jones Ros-Lehtinen Costello Lewis (GA) Sewell Jenkins Posey Wilson (SC) Capito Jordan Roskam Courtney Lipinski Sherman Johnson (IL) Price (GA) Wittman Cardoza Keating Ross (AR) Critz Loebsack Sires Johnson (OH) Quayle Wolf Carter Kelly Ross (FL) Crowley Lofgren, Zoe Smith (WA) Johnson, Sam Reed Womack Cassidy Kind Royce Cuellar Lowey Speier Jordan Rehberg Woodall Chabot King (IA) Runyan Cummings Luja´ n Stark Kelly Reichert Yoder Chaffetz King (NY) Ryan (WI) Davis (CA) Lynch Sutton King (IA) Renacci Young (AK) Chandler Kingston Scalise Davis (IL) Maloney Thompson (CA) King (NY) Ribble Young (FL) Coffman (CO) Kinzinger (IL) Schilling DeFazio Markey Thompson (MS) Kingston Rigell Young (IN) Cole Kissell Schock DeGette Matsui Tierney Conaway Kline Schweikert DeLauro McCarthy (NY) Tonko NOT VOTING—13 Costa Labrador Scott (SC) Deutch McCollum Towns Akin Filner Paul Cravaack Lamborn Scott, Austin Dicks McDermott Tsongas Crawford Lance Sensenbrenner Baldwin Hastings (FL) Shuler Dingell McGovern Van Hollen Crenshaw Landry Sessions Bass (CA) Kucinich Slaughter Doggett McIntyre Vela´ zquez Critz Lankford Sewell Doyle McNerney Visclosky Bilirakis Lewis (CA) Coble Marino Cuellar Latham Shimkus Duncan (TN) Meeks Walz (MN) Culberson LaTourette Shuster Edwards Michaud Wasserman b 1656 Davis (CA) Latta Simpson Ellison Miller (NC) Schultz Davis (KY) Lipinski Smith (NE) Engel Miller, George Waters Messrs. HUNTER, SHIMKUS, and DeFazio LoBiondo Smith (NJ) Eshoo Moore Watt SCHOCK changed their vote from Denham Loebsack Smith (TX) Farr Moran Waxman Dent Long Southerland Fattah Murphy (CT) Welch ‘‘yea’’ to ‘‘nay.’’ DesJarlais Lucas Speier Frank (MA) Nadler Wilson (FL) Mr. CARNEY and Mr. DAVIS of Illi- Diaz-Balart Luetkemeyer Stearns Fudge Napolitano Woolsey nois changed their vote from ‘‘nay’’ to Dold Lummis Stivers Garamendi Neal Yarmuth ‘‘yea.’’ Donnelly (IN) Lungren, Daniel Stutzman Dreier E. Sullivan NAYS—239 So the motion to recommit was re- Duffy Mack Sutton Adams Blackburn Carter jected. Duncan (SC) Manzullo Terry Aderholt Bonner Cassidy The result of the vote was announced Duncan (TN) Marchant Thompson (PA) Alexander Bono Mack Chabot Ellison Matheson Thornberry Amash Boren Chaffetz as above recorded. Ellmers McCarthy (CA) Tiberi Amodei Boustany Coffman (CO) Stated for: Emerson McCarthy (NY) Tipton Austria Brady (TX) Cole Mr. FILNER. Mr. Speaker, on rollcall 360, I Farenthold McCaul Tonko Bachmann Brooks Conaway was away from the Capitol due to prior com- Fincher McClintock Tsongas Bachus Broun (GA) Cooper Fitzpatrick McCollum Turner (NY) Barletta Buchanan Cravaack mitments to my constituents. Had I been Flake McCotter Turner (OH) Barrow Bucshon Crawford present, I would have voted ‘‘yea.’’ Fleischmann McHenry Upton Bartlett Buerkle Crenshaw The SPEAKER pro tempore. The Fleming McIntyre Walberg Barton (TX) Burgess Culberson Flores McKeon Walden Bass (NH) Burton (IN) Davis (KY) question is on the passage of the bill. Forbes McKinley Walsh (IL) Benishek Calvert Denham The question was taken; and the Fortenberry McMorris Walz (MN) Berg Camp Dent Speaker pro tempore announced that Foxx Rodgers Webster Biggert Campbell DesJarlais the ayes appeared to have it. Franks (AZ) McNerney West Bilbray Canseco Diaz-Balart Frelinghuysen Meehan Westmoreland Bishop (UT) Cantor Dold Mr. LEVIN. Mr. Speaker, on that I Gallegly Mica Whitfield Black Capito Donnelly (IN) demand the yeas and nays. Gardner Miller (FL) Wilson (SC)

VerDate Mar 15 2010 03:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.062 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3618 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Wittman Woodall Young (FL) fered at any point in the reading by the amendment by Mr. MEEHAN regarding Wolf Yoder Young (IN) Womack Young (AK) chair or ranking minority member of Boko Haram; an amendment by Ms. the Committee on Appropriations or MOORE regarding a pending application NAYS—146 their respective designees for the pur- for status under the Immigration and Ackerman Green, Al Pastor (AZ) pose of debate; and (2) further amend- Nationality Act; an amendment by Mr. Andrews Green, Gene Pelosi ments, if offered on this legislative MURPHY of Pennsylvania regarding a Baca Grijalva Perlmutter Becerra Gutierrez Peters day, as follows: an amendment by Mr. Federal Air Marshal Service office; an Berkley Hahn Pingree (ME) ADERHOLT regarding funding levels; an amendment by Mr. PIERLUISI regarding Berman Hanabusa Polis amendment en bloc by Mr. ADERHOLT section 1301(a) of title 31, United States Blumenauer Heinrich Price (NC) consisting of amendments specified in Code; an amendment by Mr. POLIS re- Bonamici Himes Quigley Brady (PA) Hinchey Rahall this order not earlier disposed of; an garding an across-the-board reduction; Braley (IA) Hinojosa Rangel amendment by Ms. BALDWIN limiting an amendment by Mr. PRICE of Georgia Brown (FL) Hirono Reyes funds regarding Coast Guard Offshore regarding immigration laws; an amend- Butterfield Holt Richardson Patrol Cutter class of ships; an amend- ment by Mr. RYAN of Ohio regarding Capps Honda Richmond Capuano Hoyer Rothman (NJ) ment by Mr. BARLETTA regarding sec- visas; an amendment by Mr. Carnahan Israel Roybal-Allard tion 642(a) of the Illegal Immigration SCHWEIKERT regarding the Secure Com- Carney Jackson (IL) Ruppersberger Reform and Immigrant Responsibility munities program; an amendment by Carson (IN) Jackson Lee Rush Castor (FL) (TX) Act of 1996; an amendment by Mrs. Mr. SULLIVAN regarding section 287(g) Ryan (OH) Chu Johnson (GA) BLACK limiting funds for the position of the Immigration and Nationality Sa´ nchez, Linda Cicilline Johnson, E. B. T. of Public Advocate within U.S. Immi- Act; an amendment by Mr. THOMPSON Clarke (MI) Kaptur Sanchez, Loretta Clarke (NY) Kildee gration and Customs Enforcement; an of California regarding deportation of Clay Langevin Sarbanes amendment by Mrs. BLACKBURN regard- certain aliens; an amendment by Mr. Schakowsky Cleaver Larsen (WA) ing Transportation Security Adminis- TURNER of New York regarding surface Schiff Clyburn Larson (CT) tration employee training; an amend- transportation security inspectors; and Cohen Lee (CA) Schrader Connolly (VA) Levin Schwartz ment by Mrs. BLACKBURN regarding an amendment by Mr. WALSH of Illinois Conyers Lewis (GA) Scott (VA) Transportation Security Administra- regarding software licenses; and that Cooper Lofgren, Zoe Scott, David tion teams used in any operation; an each such further amendment may be Serrano Costello Lowey amendment by Mr. BROOKS regarding offered only by the Member named in Courtney Luja´ n Sherman Crowley Lynch Sires section 133.21(b)(1) of title 19, Code of this request or a designee, shall not be Cummings Maloney Smith (WA) Federal Regulations; an amendment by subject to a demand for division of the Stark Davis (IL) Markey Mr. BROUN of Georgia limiting funds question in the House or in the Com- DeGette Matsui Thompson (CA) DeLauro McDermott Thompson (MS) for Behavior Detection Officers or the mittee of the Whole, and shall not be Deutch McGovern Tierney SPOT program; an amendment by Mr. subject to amendment except that the Dicks Meeks Towns BROUN of Georgia regarding the Screen- chair and ranking minority member of Dingell Michaud Van Hollen ing Partnership Program; an amend- the Committee on Appropriations (or Doggett Miller (NC) Vela´ zquez Doyle Miller, George Visclosky ment by Ms. BROWN of Florida regard- their respective designees) each may Edwards Moore Wasserman ing funding levels for U.S. Customs and offer one pro forma amendment for the Engel Moran Schultz Border Protection; an amendment by purpose of debate; and that each fur- Waters Eshoo Murphy (CT) Mr. CRAVAACK limiting funds for secu- ther amendment shall be debatable for Farr Nadler Watt Fattah Napolitano Waxman rity screening personnel; an amend- 10 minutes, equally divided and con- Frank (MA) Neal Welch ment by Mr. CRAVAACK limiting funds trolled by the proponent and an oppo- Fudge Olver Wilson (FL) to pay rent for storage of screening nent. Garamendi Pallone Woolsey The SPEAKER pro tempore. Is there Gonzalez Pascrell Yarmuth equipment; an amendment by Mr. CRAVAACK regarding section 236(c) of objection to the request of the gen- NOT VOTING—15 the Immigration and Nationality Act; tleman from Alabama? Akin Filner Marino an amendment by Mr. CROWLEY regard- There was no objection. Baldwin Gohmert Paul GENERAL LEAVE Bass (CA) Hastings (FL) Schmidt ing India; an amendment by Mr. CUL- Bilirakis Kucinich Shuler BERSON regarding the Immigration and Mr. ADERHOLT. Mr. Speaker, I ask Coble Lewis (CA) Slaughter Nationality Act; an amendment by Mr. unanimous consent that all Members DAVIS of Illinois regarding cybersecu- may have 5 legislative days in which to b 1704 rity; an amendment by Mr. ELLISON re- revise and extend their remarks and in- So the bill was passed. garding the Civil Rights Act of 1964; an clude extraneous material on H.R. 5855 The result of the vote was announced amendment by Mr. ENGEL regarding and that I may include tabular mate- as above recorded. light duty vehicles; an amendment by rial on the same. A motion to reconsider was laid on Mr. FLORES regarding section 526 of the The SPEAKER pro tempore (Mr. the table. Energy Independence and Security Act YODER). Is there objection to the re- Stated against: of 2007; an amendment by Mr. FORTEN- quest of the gentleman from Alabama? There was no objection. Mr. FILNER. Mr. Speaker, on rollcall No. BERRY limiting funds to restrict airline The SPEAKER pro tempore. Pursu- 361, I was away from the Capitol due to prior passengers from recording; an amend- ant to House Resolution 667 and rule commitments to my constituents. Had I been ment by Mr. GARRETT limiting funds XVIII, the Chair declares the House in present, I would have voted ‘‘no.’’ for VIPR teams; an amendment by Mr. Mr. AKIN. Mr. Speaker, on rollcall No. 360 the Committee of the Whole House on GRAVES of Missouri regarding the rule the state of the Union for the further and 361, I was delayed and unable to vote. entitled Provisional Unlawful Presence Had I been present I would have voted ‘‘no’’ consideration of the bill, H.R. 5855. Waivers of Inadmissibility for Certain Will the gentleman from New Hamp- on rollcall No. 360 and ‘‘aye’’ on rollcall No. Immediate Relatives; an amendment shire (Mr. BASS) kindly resume the 361. by Ms. HOCHUL regarding unclaimed chair. f clothing; an amendment by Mr. HOLT limiting funds for aerial vehicles; an b 1715 DEPARTMENT OF HOMELAND SE- amendment by Mr. HOLT regarding IN THE COMMITTEE OF THE WHOLE CURITY APPROPRIATIONS ACT, scanning systems; an amendment by Accordingly, the House resolved 2013 Mr. KING of Iowa regarding Department itself into the Committee of the Whole Mr. ADERHOLT. Mr. Speaker, I ask of Homeland Security policy docu- House on the state of the Union for the unanimous consent that, during fur- ments; an amendment by Mr. KING of further consideration of the bill (H.R. ther consideration of H.R. 5855 in the Iowa regarding Executive Order 13166; 5855) making appropriations for the De- Committee of the Whole pursuant to an amendment by Mr. LANDRY regard- partment of Homeland Security for the House Resolution 667, no further ing aerial vehicles; an amendment by fiscal year ending September 30, 2013, amendment to the bill may be offered Mr. LOEBSACK limiting funds to deny and for other purposes, with Mr. BASS except (1) pro forma amendments of- assistance obligated by FEMA; an (Acting Chair) in the chair.

VerDate Mar 15 2010 03:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.024 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3619 The Clerk read the title of the bill. The results are waiting times that ex- world would we want to give them au- The Acting CHAIR. When the Com- ceed 2 and sometimes 3 hours. However, thority to regulate private sector net- mittee of the Whole rose on Wednes- this does not take into account those works? day, June 6, 2012, an amendment of- all too frequent instances where pas- I understand that DHS currently fered by the gentleman from New York sengers are required to remain onboard works with the private sector on a vol- (Mr. BISHOP) had been disposed of and the arriving aircraft, parked on ramps untary basis, but that should be the ex- the bill had been read through page 99, for up to an additional hour because tent of their involvement with critical line 17. the lines in the Federal Inspection Sta- infrastructure. As a member of the Pursuant to the order of the House tion are too long to securely and effi- Speaker’s Task Force on Cybersecu- today, no further amendment may be ciently process them. rity, as well as the co-chairman of the offered except those specified in the President Obama recognized this fact Energy and Commerce Working Group previous order, which is at the desk. when he traveled to central Florida to on Cybersecurity, I have the very firm AMENDMENT OFFERED BY MS. BROWN OF announce his Executive order directing opinion that DHS simply should not be FLORIDA the Department of Homeland Security allowed to regulate cyber-critical in- Ms. BROWN of Florida. I have an and the Department of Commerce to frastructure in the private sector. amendment at the desk. develop and implement a plan within 60 I have great respect for the chair- The Acting CHAIR. The Clerk will re- days to increase nonimmigrant visa man. I will not be offering my amend- port the amendment. processing capacities in China and ment. I look forward to continuing to The Clerk read as follows: Brazil by 40 percent in the coming work with my colleagues on this issue, At the end of the bill (before the short year. Clearly, increased visitation to and again thank the chairman for his title), insert the following: the United States means jobs, yet courtesy. Mr. ADERHOLT. I thank the gen- SEC. ll. The amounts otherwise provided without additional Customs and Border by this Act are revised by reducing the tleman for his comments. I am also a Protection resources, Orlando Inter- amount made available for ‘‘Departmental member of the Speaker’s Task Force national Airport will not be able to Management and Operations—Departmental on Cybersecurity, and I understand the help the President achieve this goal. Operations—Office of the Secretary and Ex- concerns that the gentleman has ex- With just 15 new Customs and Border ecutive Management’’, and increasing the pressed this afternoon. amount made available for ‘‘U.S. Customs Protection agents, the airport could As the gentleman noted, this bill fo- and Border Protection—Salaries and Ex- accommodate additional flights that cuses on Federal network security by penses’’, by $28,400,000 and $25,000,000, respec- would generate 2,000 jobs and generate tively. addressing the failure of the adminis- revenues of $360 million a year. That is tration to protect its own networks. Mr. ADERHOLT. I reserve a point of a great return on our investment and Again, I want to thank the gentleman order. exactly the kind of shot in the arm The Acting CHAIR. The point of for his comments, and I would be happy that our region desperately needs. to work with him to address his con- order is reserved. I know we’re not going to solve this Pursuant to the order of the House of cerns. problem today, but I want to encourage I yield back the balance of my time. today, the gentlewoman from Florida this committee and the Department of The Acting CHAIR. Who seeks rec- (Ms. BROWN) and a Member opposed Homeland Security to make every ef- ognition? each will control 5 minutes. fort to ensure that a simple lack of Mr. ADERHOLT. Mr. Chairman, I The Chair recognizes the gentle- Customs and Border Protection per- move to strike the last word. woman from Florida. sonnel isn’t costing thousands of jobs The Acting CHAIR. The gentleman Ms. BROWN of Florida. I’m going to and millions in economic development. from Alabama is recognized for 5 min- offer and withdraw my amendment but I ask unanimous consent to withdraw utes. would like to continue to work with the amendment, and I yield back the Mr. ADERHOLT. I yield to the gen- the committee to ensure our busiest balance of my time. tleman from Pennsylvania (Mr. MUR- airports have the Customs and Border The Acting CHAIR. Without objec- PHY). Protection personnel they need to op- tion, the amendment is withdrawn. Mr. MURPHY of Pennsylvania. I erate efficiently. There was no objection. want to thank the chairman and Rank- It is clear from the amendment being ing Member PRICE for their hard work b 1720 offered and statements being made in writing a bill that keeps American that we have a severe need for addi- Mr. ADERHOLT. Mr. Chairman, I families safe and prioritizes border and tional Customs and Border Protection move to strike the last word. immigration law enforcement in a very officers at every point of entry into the The Acting CHAIR. The gentleman tough budget environment. United States. Airports across America from Alabama is recognized for 5 min- In this bill, the Federal Air Marshal are losing customers and alienating utes. Service is under particular pressure to foreign visitors because of the lack of Mr. ADERHOLT. Mr. Chairman, I reduce costs, and we all share the com- Customs and Border Protection officers would yield to the gentleman from Ne- mon goal of pursuing the most cost-ef- and the major delays it causes. Many braska (Mr. TERRY) to talk about an ficient and mission-effective air mar- foreign tourists anxious to spend important cyber-critical infrastructure shals to protect our skies. money in the U.S. are kept on the issue. In my district, there are over 80 dedi- tarmac for hours waiting to get proc- Mr. TERRY. Thank you, Mr. Chair- cated and professional air marshals at essed by Customs and Border Protec- man, for allowing me the opportunity the Pittsburgh International Airport, tion. This is unacceptable and is forc- to express my concerns with proposals which is one of the country’s 50 busiest ing tourists to travel to non-U.S. des- that would allow the Department of airports. We all know about the air tinations. This is also causing signifi- Homeland Security to impose cyberse- marshals’ hard work, training, and risk cant economic harm to many of our curity private infrastructure that it to keep us safe; but I’m concerned country’s busiest cities. deems ‘‘critical.’’ about the potential impact on air mar- My home airport, Orlando Inter- The administration wants to expand shals’ cost and the impact upon fami- national Airport, which is one of the DHS’s role in designating private net- lies if the Federal Air Marshal Service busiest ones in the U.S. and the num- works as critical infrastructure for the moves forward with a restructuring ber one tourist destination, bringing purpose of subjecting them to regula- plan. That’s why I was going to offer an tourists from all over the world to visit tion, but it has yet to take care of its amendment with Congressman ALT- our amazing amusement parks, univer- own networks. I commend Chairman MIRE to ensure no decision is made im- sities, and business centers, is a prime ADERHOLT for including language in pacting Pittsburgh’s air marshal work- example of the problem. this bill that requires executive branch force without first conducting a cost- Since 2009, Orlando International agencies to get their act together and benefit analysis that explores all po- Airport traffic has grown by more than formulate expenditure plans to protect tential options. 17 percent without any increase in Cus- their own networks. If they can’t even I’m concerned if the Transportation toms and Border Protection personnel. secure Federal networks, why in the Security Administration proceeds with

VerDate Mar 15 2010 03:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.067 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3620 CONGRESSIONAL RECORD — HOUSE June 7, 2012 closing the Pittsburgh office, any po- This is simply an amendment which not coming from me. That’s an official tential for savings would be dwarfed by says in America, law enforcement will from the Bush administration, and I the hundreds of thousands of dollars respect the individual dignity of each quite agree with what he said. spent to relocate employees and their person and operate on the basis of what So I urge all my colleagues to stand families. would indicate criminal behavior, not with me and vote in favor of this im- Currently, taxpayers and the TSA race, not national origin, not religion. portant amendment. pay almost nothing in commuting The leaders of four separate impor- I yield back the balance of my time. costs because the Pittsburgh air mar- tant caucuses in this Congress have Mr. ADERHOLT. Mr. Chairman, I shal office is less than 2 miles from the come together and are in support. That move to strike the last word. Pittsburgh airport terminal. Since air includes the Congressional Progressive The Acting CHAIR. The gentleman marshals are doing most of their work Caucus, the Congressional Black Cau- from Alabama is recognized for 5 min- on a plane, the office exists mostly as cus, the Congressional Hispanic Cau- utes. a place for employees to go and com- cus, and the Congressional Asian Pa- Mr. ADERHOLT. We would be happy plete their paperwork. Forcing air mar- cific American Caucus, which have all to accept the amendment from the gen- shals to travel between a new office po- come together to say this is an impor- tleman from Minnesota. tentially much further from the Pitts- I yield back the balance of my time. tant thing for all of us to support. Mr. PRICE of North Carolina. Mr. burgh airport would dramatically in- Everyone here in this body appre- Chairman, I move to strike the last crease costs and travel time. ciates the hard work of DHS employees What’s most important for purposes word. and what they do on a daily basis to The Acting CHAIR. The gentleman is of cost and security is the proximity of keep our country safe. We thank them recognized for 5 minutes. the air marshal workforce to the air- and value the work that they do. And Mr. PRICE of North Carolina. Mr. port. I have asked the Federal Air Mar- we appreciate all law enforcement, es- Chairman, I want to second the chair- shal Service to review alternatives to pecially when they put their lives at man’s willingness here to accept this closure or transfer of the Pittsburgh risk for our safety. No one questions amendment. We think it’s a good field office, including co-locating its of- law enforcement in general. But you amendment, straightforward, intended fice on the grounds of the 911th Airlift should know, and there is no doubt and to achieve goals about which we all Wing, which is an Air Reserve military there is ample evidence to dem- ought to be able to agree. It simply base, part of the Pittsburgh Inter- onstrate, that there have been occa- seeks to ensure that Federal funding national Airport. sions in which individual Americans for the Department of Homeland Secu- Moving to the 911th would save the have been singled out, and this is not rity is not used by law enforcement to Agency a significant amount of over- what our Nation is about. It’s not the discriminate or to deprive individuals head and rent costs while preserving policy that we should support; and, of their constitutional rights. the Federal Air Marshal Service oper- therefore, we should support an amend- I commend the gentleman for offer- ational mission to keep the skies safe. ment which says that discrimination ing this amendment and urge its ac- I’ve been assured by the director of has no place in the administration of the Federal Air Marshal Service that ceptance. the law. I yield back the balance of my time. he will look into alternatives to save Occasionally, reports of racial, eth- The Acting CHAIR. The question is costs, and I would like to get the assur- nic, and religious profiling do surface. on the amendment offered by the gen- ance from the chairman that he’ll work We see them in the media and reports tleman from Minnesota (Mr. ELLISON). with me on securing that report. in the civil liberty unions. In fact, I The amendment was agreed to. Mr. ADERHOLT. Mr. Chairman, I have reports in my hand, Mr. Chair- AMENDMENT OFFERED BY MR. GRAVES OF yield back the balance of my time. man, ‘‘Immigration Enforcement: MISSOURI AMENDMENT OFFERED BY MR. ELLISON Minor Offenses With Major Con- Mr. GRAVES of Missouri. Mr. Chair- Mr. ELLISON. Mr. Chairman, I have sequences by the ACLU,’’ and ‘‘The man, I have an amendment at the desk. an amendment at the desk. Growing Human Rights Crisis,’’ which The Acting CHAIR. The Clerk will re- The Acting CHAIR. The Clerk will re- details how people have been singled port the amendment. port the amendment. The Clerk read as follows: The Clerk read as follows: out based on impermissible criteria. And so it is important for us to affirm At the end of the bill (before the short At the end of the bill (before the short title), insert the following: title), insert the following: in America, after all we have gone through to create liberty and justice SEC. ll. None of the funds made available SEC. ll. None of the funds made available by this Act may be used to finalize, imple- in this Act may be used in contravention of for all, that we’ve got to affirm this ment, administer, or enforce the rule enti- any of the following: principle here today. tled ‘‘Provisional Unlawful Presence Waivers (1) The Fifth and Fourteenth Amendments Too many Americans who were sim- of Inadmissibility for Certain Immediate to the Constitution of the United States. ply going about their business have Relatives’’ published by the Department of (2) Title VI of the Civil Rights Act of 1964 been discriminated against based sole- Homeland Security on April 2, 2012 (77 Fed. (relating to nondiscrimination in federally Reg. 19902). assisted programs). ly on race, ethnicity, and religion. It’s (3) Section 809(c)(1) of the Omnibus Crime wrong when it happens, all of us can The Acting CHAIR. Pursuant to the Control and Safe Streets Act of 1968 (relating agree. And it’s not what our country is order of the House of today, the gen- to prohibition of discrimination). all about. This amendment I’m offering tleman from Missouri (Mr. GRAVES) (4) Section 210401(a) of the Violent Crime today simply says it’s contrary to our and a Member opposed each will con- and Law Enforcement Act of 1994 (relating to values. Our amendment is straight- trol 5 minutes. unlawful police pattern or practice). forward. It simply cites the Constitu- The Chair recognizes the gentleman The Acting CHAIR. Pursuant to the tion and existing anti-discrimination from Missouri. order of the House of today, the gen- laws to affirm that no funds made Mr. GRAVES of Missouri. Mr. Chair- tleman from Minnesota (Mr. ELLISON) available by this bill can be used to en- man, I rise today to offer an amend- and a Member opposed each will con- gage in racial, ethnic, or religious ment which would prohibit funds from trol 5 minutes. profiling. being used to enforce a rule proposed The Chair recognizes the gentleman by this administration. from Minnesota. b 1730 Under current law, certain spouses, Mr. ELLISON. Mr. Chairman, I have This is not a controversial amend- children, and parents of U.S. citizens an amendment that I believe should ment. It affirms core American values who are in this country illegally are enjoy bipartisan support on all sides. hard fought for not only in the civil not eligible to apply for a green card America being the land of the free, rights movement, but many others, without first leaving the United home of the brave, where liberty and even including the Civil War. Nor it is States. These immediate relatives justice for all is how we live. We recite partisan. In fact, it was a former Bush must travel abroad to obtain a green those words every day when we come administration official who said, ‘‘Reli- card from the Department of State and to the floor to say the Pledge of Alle- gious or ethnic or racial stereotyping must also request from the U.S. Citi- giance. is simply not good policing.’’ So that’s zenship and Immigration Services a

VerDate Mar 15 2010 03:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.070 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3621 waiver to the 3-year or 10-year ban that their loved ones and ensure that the the President of the United States deter- they received as a result of their un- U.S. citizen is not subjected to the very mines and certifies to the Congress that the lawful presence. harm—that is, prolonged separation— Government of Brazil has amended its laws The DHS-proposed rule would allow that the waiver, if granted, was meant to remove the prohibition on extradition of nationals of Brazil to other countries, except illegals with U.S. citizen relatives to to prevent. that the President may waive the applica- stay in the United States while the To be clear, a pending or approved tion of this section on a case-by-case basis if Federal Government decides on their provisional waiver will not provide the the President determines and certifies to the waiver requests. Specifically, the rule interim benefits, such as employment Congress that it is in the national interests allows illegals to apply for and receive authorization, it will not provide law- of the United States to do so. a provisional waiver to the 3-year or 10- ful status, it will not stop the accrual Mr. ADERHOLT. Mr. Chairman, I re- year ban they received. The rule would of unlawful presence, it will not pro- serve a point of order on the amend- simply allow them to remain in the vide protection from removal. ment. U.S. illegally. What it would do is eliminate the The Acting CHAIR. A point of order I’m a strong proponent of enforcing catch-22 faced by many American fami- is reserved. our current immigration laws, and this lies who want to do the right thing by Pursuant to the order of the House of proposed rule allows illegals to cir- having family members already eligi- today, the gentleman from Ohio (Mr. cumvent Federal statutes that govern ble for the waiver come forward to ad- RYAN) and a Member opposed each will admission. It makes it easier for just to legal status. Under the current control 5 minutes. illegals to stay in our country unlaw- process, they’re penalized if they come The Chair recognizes the gentleman fully. forward, penalized by long-term separa- from Ohio. The core impact of the proposed rule tion from U.S. citizens who are imme- Mr. RYAN of Ohio. Mr. Chairman, I will be to encourage relatives of U.S. diate relatives and who depend on them have a heart-wrenching story to share citizens to come to the U.S. illegally. for emotional and financial support. with the Congress and the American All an illegal individual needs to do is By allowing the processing of waiver people, of which I would like this apply for a provisional waiver from the applications in the United States, the amendment to help take some action: 3-year or 10-year ban and then apply proposed rule would improve the effi- the egregious 2007 case of a decorated for a green card. ciency of the process and would save airman’s murder in my congressional What’s even worse is if the U.S. Citi- taxpayer money. It’s a much needed district, the State of Ohio v. Claudia C. zenship and Immigration Services de- change. It’s a good rule. This change in Hoerig. nies an application for a provisional processing is vitally needed. I see no b 1740 waiver, ICE will not prosecute that il- reason to approve an amendment here legal for being in the U.S. unlawfully. tonight that would cancel out this ben- According to the affidavit, Mrs. In fact, ICE announced in August 2011 eficial change, and I urge the amend- Hoerig, wife of the deceased, purchased that it would seek to dismiss the pros- ment’s defeat. a Smith & Wesson .357, learned how to ecution of cases of illegals who have I yield back the balance of my time. use it, practiced in Warren, in Trum- applied for a green card. Mr. GRAVES of Missouri. Mr. Chair- bull County, Ohio, and days later, on My amendment is going to block this man, it has come to my attention that March 12, 2007, she allegedly shot her proposed rule, known as the Provi- my amendment has a typo in it. It husband, Major Karl Hoerig, twice in sional Unlawful Presence Waiver. I reads 2102 as the date. I ask unanimous the back of the neck and once in the think it’s going to send a strong mes- consent that that be changed to 2012. back of the head. sage to illegals that are in our country The Acting CHAIR. Is there objec- After being charged with aggravated unlawfully, you’re not going to receive tion? murder by the Court of Common Pleas any form of benefits or leniency from Without objection, the amendment is of Trumbull County, Ohio, Mrs. Hoerig our government. modified. fled to her native Brazil, where she has My amendment also sends a message There was no objection. found sanctuary for 5 years. to this administration to start enforc- The text of the amendment, as modi- The issue here, Mr. Chairman, is that ing our current immigration laws, to fied, is as follows: I have a family in my district that has support all efforts to control and de- At the end of the bill (before the short not seen justice served. She went to fend our borders, and to stop giving title), insert the following: Brazil, in which we have an extradition breaks to those who have come to this SEC. ll. None of the funds made available treaty, but the Brazilian Constitution country illegally. by this Act may be used to finalize, imple- says that Brazilian citizens can’t come I urge my colleagues to support my ment, administer, or enforce the rule enti- back to the United States. But the tled ‘‘Provisional Unlawful Presence Waivers issue here is that in 1999 Mrs. Hoerig amendment. of Inadmissibility for Certain Immediate Mr. ADERHOLT. Will the gentleman Relatives’’ published by the Department of renounced her citizenship in Brazil, be- yield? Homeland Security on April 2, 2012 (77 Fed. came a citizen of the United States of Mr. GRAVES of Missouri. I yield to Reg. 19902). America. So we have every right to ask the gentleman from Alabama. Mr. GRAVES of Missouri. Mr. Chair- the Brazilians to send her back to the Mr. ADERHOLT. I would be happy to man, with that, I would urge my col- United States. accept the gentleman’s amendment. leagues to support the amendment, and She needs to have justice served. The Mr. GRAVES of Missouri. I reserve I yield back the balance of my time. Hoerig family needs justice served, and the balance of my time. The Acting CHAIR. The question is Karl Hoerig deserves that as he rests in Mr. PRICE of North Carolina. Mr. on the amendment, as modified, offered peace. Chairman, I move to strike the last by the gentleman from Missouri (Mr. The Brazilian Government has, on word. GRAVES). numerous occasions, pledged to inter- The Acting CHAIR. The gentleman is The amendment, as modified, was nally investigate this matter and in- recognized for 5 minutes. agreed to. vestigate the possible renunciation of Mr. PRICE of North Carolina. Mr. Mrs. Hoerig’s citizenship on the fol- AMENDMENT OFFERED BY MR. RYAN OF OHIO Chairman, I rise in opposition to this lowing grounds: in that, in her sworn, Mr. RYAN of Ohio. Mr. Chairman, I amendment, which would negate the signed affidavit, Mrs. Hoerig renounced have an amendment at the desk. recent rule that would grant certain her Brazilian citizenship on the occa- The Acting CHAIR. The Clerk will re- immediate relatives of U.S. citizens to sion of her U.S. naturalization in 1999, port the amendment. apply for a provisional unlawful pres- and that the Brazilian Government has The Clerk read as follows: ence waiver while still in the U.S. stated that it may, in fact, honor Applications for the unlawful pres- At the end of the bill (before the short Hoerig’s renunciation, given the seri- title), insert the following: ence waiver can take months or even SEC. lll. None of the funds made avail- ous criminal nature. years to adjudicate. This change in able by this Act may be used to issue an im- So this amendment, because I cannot processing, this new rule, would permit migrant or nonimmigrant visa to a citizen, seem to get the attention of the Bra- U.S. citizens to remain united with subject, national, or resident of Brazil until zilian officials, after numerous letters,

VerDate Mar 15 2010 03:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.074 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3622 CONGRESSIONAL RECORD — HOUSE June 7, 2012 numerous attempts, working closely Mrs. BLACK. Mr. Chairman, I’m here tor of Enforcement and Removal Oper- with the State Department, can’t get today to talk about my amendment ations to respond to acute and pressing the Brazilians’ attention. So this that would prohibit funding for an ill- concerns from those going through the amendment is saying that we shall not conceived lobbyist position at the Im- immigration process, as well as family use money to let Brazilians into the migration and Customs Enforcement, members and advocates. For example, United States and allow them visas. or ICE. the public advocate assists individuals 1.8 million visas are predicted to Bra- The Obama administration an- and community members in resolving zilians in 2013. And I hope that some of nounced on February 7 of this year complaints and concerns with agency us on both sides of the aisle can say that it would begin advocating on be- policies and operations, particularly that this man served our country. We half of illegal aliens, illegal alien advo- those that are related to the use of ICE have a woman who renounced her Bra- cates and communities that harbor enforcement involving U.S. citizens. It zilian citizenship, came to the United illegals. proposes changes and recommendations States, killed this airman, and went When Congress established the De- to fix community-identified immigra- back to Brazil and now is in sanctuary partment of Homeland Security, it cre- tion problems and concerns. Without there. ated an advocate position for immi- the public advocate, individuals pro- So I understand there may be some grants in the legal immigration proc- ceeding through the immigration proc- issues with this potential amendment ess, but it declined to create one for il- ess would not have the same level of here, but I will say, Mr. Chairman, that legal immigrants. The President can- access to neutral, unbiased internal there are defense bills that will come not continue to willfully ignore the oversight, fulfilling the role of ombuds- to this floor, and I will attempt in laws and the intent of Congress. man for the public. some way to get the Brazilians’ atten- Mr. Chairman, there are currently 10 Since its inception on February 7, tion with the defense bills. There is for- million unauthorized aliens in this the public advocate has provided effec- eign ops money, foreign aid that we use country, and in the last 3 years, eight tive resolution of serious complaints, with Brazil. I will come to this floor as States have adopted immigration en- assisted in increasing public engage- many times as I need to to try to get forcement measures to address the ille- ment at all levels, and acted as a good the attention of the Brazilian Govern- gal alien population in their States. steward of the public dollar. ment to make sure that Karl Hoerig This has come to pass because of the By adopting this amendment, we’d be and his family have the justice that Federal Government’s failure to secure saving ICE less than $200,000 per year, they have earned, not just by being the borders and enforce our immigra- while severely impeding community citizens of the United States, but also tion laws. participation and commonsense en- by serving this country so nobly for so Nevertheless, the administration has forcement strategies. many years. not only used taxpayer dollars to sue I can’t imagine why we would want I yield back the balance of my time. States for such laws, but now wants to to cancel a position that is so effective POINT OF ORDER use taxpayer dollars to act as a lob- in helping citizens, helping those who Mr. ADERHOLT. Mr. Chairman, I byist for illegal aliens. My amendment have a stake in all this, helping them make a point of order against the would deny the Obama administration penetrate the bureaucracy, helping amendment because it proposes to funding for the illegal alien advocate them get a resolution of serious com- change existing law and it constitutes position at ICE. plaints, making this agency, in effect, legislation in an appropriation bill and Contrary to what the Obama admin- more user friendly, more responsive. therefore violates clause 2 of rule XXI. istration seems to think, the Depart- Why would we want to damage that or The rule states, in pertinent part: ment of Homeland Security was not destroy it? But that’s exactly what this ‘‘An amendment to a general appro- created to act as a lobbying firm for il- amendment would do, and I urge its re- priation bill shall not be in order if legal aliens. Using taxpayer dollars to jection. changing existing law.’’ fund a position whose primary purpose I yield back the balance of my time. The amendment imposes additional is to advocate on behalf of individuals The Acting CHAIR. The question is duties. who have come into our country ille- on the amendment offered by the gen- I ask for a ruling of the chair. gally is ridiculous and certainly a tlewoman from Tennessee (Mrs. The Acting CHAIR. Does any other waste of precious taxpayer dollars. BLACK). Member wish to be heard on the point The administration should be using The amendment was agreed to. of order? this money instead for its intended Seeing none, the Chair is prepared to purpose—to combat illegal immi- b 1750 rule. grants. AMENDMENT OFFERED BY MR. CROWLEY The Chair finds that this amendment Mr. ADERHOLT. Will the gentle- Mr. CROWLEY. Mr. Chairman, I have includes language conferring author- woman yield? an amendment at the desk. ity. The amendment therefore con- Mrs. BLACK. I yield to the gen- The Acting CHAIR. The Clerk will re- stitutes legislation in violation of tleman from Alabama. port the amendment. clause 2 of rule XXI. Mr. ADERHOLT. We believe this is The Clerk read as follows: The point of order is sustained and duplicative, but we will accept the gen- At the end of the bill (before the short the amendment is not in order. tlelady from Tennessee’s amendment. title), insert the following: AMENDMENT OFFERED BY MRS. BLACK The position would be duplicative, but SEC. ll. It is the sense of Congress that Mrs. BLACK. Mr. Chairman, I have we do accept the gentlelady’s amend- the Department of Homeland Security an amendment at the desk. ment. should increase coordination with India on The Acting CHAIR. The Clerk will re- Mrs. BLACK. I yield back the balance efforts to prevent terrorist attacks in the United States and India. port the amendment. of my time. The Clerk read as follows: Mr. PRICE of North Carolina. Mr. Mr. ADERHOLT. Mr. Chairman, I re- At the end of the bill (before the short Chairman, I move to strike the last serve a point of order on the gentle- title), insert the following: word. man’s amendment. SEC. ll. None of the funds made available The Acting CHAIR. The gentleman is The Acting CHAIR. The gentleman by this Act may be used to provide funding recognized for 5 minutes. from Alabama reserves a point of for the position of Public Advocate within Mr. PRICE of North Carolina. Mr. order. U.S. Immigration and Customs Enforcement. Chairman, I rise in opposition to this Pursuant to the order of the House of The Acting CHAIR. Pursuant to the amendment. It would prohibit any today, the gentleman from New York order of the House of today, the gentle- funding for Immigration and Customs (Mr. CROWLEY) and a Member opposed woman from Tennessee (Mrs. BLACK) Enforcement’s new Public Advocate, a each will control 5 minutes. and a Member opposed each will con- crucial position formed just this past The Chair recognizes the gentleman trol 5 minutes. February. from New York. The Chair recognizes the gentle- The public advocate works directly Mr. CROWLEY. I, along with my col- woman from Tennessee. with ICE’s Executive Assistant Direc- league Mr. ROYCE of California, plan to

VerDate Mar 15 2010 03:36 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.078 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3623 offer a bipartisan amendment to the Section 526 of the Energy Independ- Let’s remember the following facts measure, but I understand this is sub- ence and Security Act prevents Federal about section 526: It increases our reli- ject to a point of order. I appreciate agencies from entering into contracts ance on Middle Eastern oil. It hurts the chair and the ranking member for for the procurement of a fuel unless its our military readiness, our national se- supporting an opportunity to say a few life cycle greenhouse gas emissions are curity and our energy security. It also words since I won’t be asking for a vote less than or equal to emissions from an prevents a potential increased use of on the amendment at this time. equivalent conventional fuel produced some sources of safe, clean and effi- My amendment is about the impor- from conventional petroleum sources. cient American oil and gas. It also in- tance of cooperation on homeland secu- In summary, my amendment would creases the cost of American food and rity between the United States and stop the government from enforcing energy. It hurts American jobs and the India. I believe that one of the most this ban on all Federal agencies funded American economy. Last but certainly important decisions the United States by the Department of Homeland Secu- not least, it costs our taxpayers more has made in recent years is to rity appropriations bill. of their hard-earned dollars. strengthen our relationship with the The initial purpose of section 526 was I urge my colleagues to support the democratic nation of India. With that to stop the Defense Department’s plans passage of this commonsense amend- relationship, one of our most impor- to buy and develop coal-based or coal- ment. tant decisions has been to cooperate to-liquids jet fuel. This restriction was At this time, I yield to the gen- and coordinate on matters dealing with based on the opinion of some environ- tleman from Alabama (Mr. ADERHOLT). homeland security. mentalists that coal-based jet fuel Mr. ADERHOLT. Yes, I would be The fact is that both the United might produce more greenhouse gas happy to accept your amendment, and States and India face threats of ter- emissions than jet fuel from tradi- I look forward to working with you as rorist attacks. The people of India will tional petroleum. We must ensure that we move forward in the process. never forget the tragedy of 9/11. After our military has adequate fuel re- Mr. FLORES. I reserve the balance of all, many of those who were killed were sources and that it can rely on domes- my time. of Indian origin. The people of the tic and more stable sources of fuel. Mr. PRICE of North Carolina. Mr. United States looked on in horror as Unfortunately, section 526’s ban on Chairman, I move to strike the last terrorists carried out the brutal fuel choice now affects all Federal word. Mumbai attacks. In those attacks, ter- agencies, not just the Defense Depart- The Acting CHAIR. The gentleman is rorists killed not only Indians but ment, which is why I am offering this recognized for 5 minutes. Americans as well. 9/11 and Mumbai re- amendment again today to the Home- Mr. PRICE of North Carolina. Mr. mind us of why it is important that we land Security appropriations bill. Fed- Chairman, I rise in opposition to the work together with India, and the peo- eral agencies should not be burdened gentleman’s amendment. with wasting their time studying fuel ple of our two countries remind us of I think it’s fair to say, if we are talk- restrictions when there is a simple fix: why we must sustain and deepen that ing about common sense, that the bal- to not restrict our fuel choices based cooperation even further. ance of common sense lies against this So I want to urge the Department of on extreme environmental views, poli- amendment and with section 526 of the Homeland Security to continue the im- cies, and misguided regulations like Energy Independence and Security Act. portant work that it is doing with re- those in section 526. It’s quite a straightforward provision With increasing competition for en- gard to India to help ensure that both intended simply to ensure that the en- ergy and fuel resources and with the of our countries are safe from terrorist vironmental costs from the use of al- continued volatility and instability in attack. ternative fuels, whatever they may be, the Middle East, it is now more impor- I also want to thank my colleague are at least no worse than the fuels in tant than ever for our country to be- Mr. ROYCE, who had planned to offer use today. Why shouldn’t that burden come more energy independent and to this amendment along with me. Sup- of proof be placed on the use of alter- further develop all of our domestic en- port in this area is bipartisan, and we ergy resources, including alternative native fuels? It requires that the Fed- will continue to work in a bipartisan fuels. eral Government do no more harm way. Placing limits on Federal agencies’ when it comes to global climate change Mr. Chairman, at this time, I ask fuel choices is an unacceptable prece- than it is already doing through the unanimous consent to withdraw my dent to set in regard to America’s pol- use of unconventional fuels. amendment, and I yield back the bal- icy independence and our national se- So this is a commonsense provision. ance of my time. curity. Mr. Chair, section 526 makes It escapes me as to why we would want The Acting CHAIR. Is there objec- our Nation more dependent on Middle to violate this or bypass it in this tion? Eastern oil. Stopping the impact of Homeland Security bill, so I urge the Seeing none, the amendment is with- rejection of the amendment. drawn. section 526 will help us to promote American energy, improve the Amer- I yield back the balance of my time. AMENDMENT OFFERED BY MR. FLORES ican economy, and create American Mr. FLORES. Mr. Chair, how much Mr. FLORES. Mr. Chairman, I have jobs. time do I have remaining? an amendment at the desk. Now, in some circles, there is a mis- The Acting CHAIR. The gentleman The Acting CHAIR. The Clerk will re- conception that my amendment will from Texas has 1 minute remaining. port the amendment. somehow prevent the Federal Govern- Mr. FLORES. I appreciate the gentle- The Clerk read as follows: ment and our military from being able man’s remarks, but I do want to say At the end of the bill (before the short to produce and use alternative fuels. this: title), add the following new section: Again, my amendment does nothing SEC. ll. None of the funds made available Mr. Chair, this viewpoint is categori- by this Act may be used to enforce section cally false. All my amendment does is to restrict the fuel choices of any Fed- 526 of the Energy Independence and Security to allow the Federal Government pur- eral agency, in particular, those of the Act of 2007 (Public Law 110–140; 42 U.S.C. chasers of these fuels to acquire the U.S. military. What it does do, for in- 17142). fuels that best and most efficiently stance, is to allow the agencies to pro- The Acting CHAIR. Pursuant to the meet their needs. cure fuel that is refined from oil from order of the House of today, the gen- I offered a similar amendment to the Canada oil sands once the Keystone tleman from Texas (Mr. FLORES) and a CJS appropriations bill, and it passed pipeline is built and once those fuels Member opposed each will control 5 with bipartisan support. My similar are refined. Today, theoretically, sec- minutes. amendments to the MilCon-VA and to tion 526 would restrict the use of those The Chair recognizes the gentleman the Energy and Water appropriations energy resources from our friendly from Texas. bills also passed by voice votes. My neighbor—I think that is inappro- Mr. FLORES. Mr. Chair, I rise today friend Mr. CONAWAY also had language priate—and it also causes our taxpayer to offer an amendment which addresses added to the Defense authorization bill funds to be spent less wisely. another misguided and restrictive Fed- to exempt the Defense Department With that, I yield back the balance of eral regulation. from this burdensome regulation. my time.

VerDate Mar 15 2010 03:36 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.083 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3624 CONGRESSIONAL RECORD — HOUSE June 7, 2012 The Acting CHAIR. The question is Every component of DHS has to com- So I urge its adoption, and I yield on the amendment offered by the gen- municate effectively in their daily op- back the balance of my time. tleman from Texas (Mr. FLORES). erations in order to accomplish the Mr. DICKS. Mr. Chairman, I move to The amendment was agreed to. mission of the Department. How can strike the requisite number of words. b 1800 ICE enforce our immigration laws The Acting CHAIR. The gentleman without being able to communicate from Washington is recognized for 5 AMENDMENT OFFERED BY MR. KING OF IOWA meaningfully with foreign-born persons minutes. Mr. KING of Iowa. Mr. Chairman, I with limited English proficiency? This Mr. DICKS. Mr. Chairman, I yield to have an amendment at the desk. is a critical executive order. It was a my good friend from California (Ms. The Acting CHAIR. The Clerk will re- top priority in the Bush administra- ZOE LOFGREN). port the amendment. tion. Ms. ZOE LOFGREN of California. The Clerk read as follows: There was a memorandum issued dur- Thank you, Mr. DICKS. I will be brief. At the end of the bill (before the short ing the Bush administration to the I just want to point out that the ex- title), insert the following: heads of all Federal agencies that ecutive order itself indicates that only SEC. ll. None of the funds made available helped facilitate the development of actions that would not be unduly bur- in this Act may be used to enforce Executive limited English-language proficiency Order 13166 (August 16, 2000; 65 Fed. Reg. densome should be engaged in. And the plans. true scope of this amendment is really 50121). To elaborate on that further, I yield quite broad and adverse to the enforce- The Acting CHAIR. Pursuant to the to the gentlewoman from California ment of the law. order of the House of today, the gen- (Ms. CHU), a leading member on the Ju- If you are ICE and you have people in tleman from Iowa (Mr. KING) and a diciary Committee. Member opposed each will control 5 Ms. CHU. Mr. Chairman, I rise to op- custody, those people in custody may minutes. pose this amendment. not be speaking English, and you may The Chair recognizes the gentleman If this amendment passed, it would need to be able to communicate with from Iowa. have a negative effect on many immi- them in a language other than English. Mr. KING of Iowa. Mr. Chairman, my grants, many of whom work hard and The broad scope of this amendment amendment addresses Executive Order play by the rules and are here legally, could interfere with that. 13166. That was an executive order that but may not have the ability to speak I would like to note, also, as to the was issued in August of 2000 that di- English well. FEMA issue that my colleague from rected our Federal agencies to provide If this amendment passed, innocent California referred to, we think of DHS foreign-language services to anyone people could be harmed. Foreign-born as immigration. My colleague from who might seek to engage with the naturalized citizens would be at risk of Iowa has mentioned that frequently in American Government. When I say the erroneous detention and deportation by our committee. But the Department of American Government, I do mean, Mr. ICE. Not only that, detainees with seri- Homeland Security is very broad. This Chairman, not just the Federal Govern- ous, possibly life-threatening, medical could be the Coast Guard dealing with ment, but also local government. needs would be placed in great peril sailors in the Caribbean Sea, either The order directs Federal fund recipi- due to the inability to make medical people they believe are out to do mis- ents—meaning local government—to requests and communicate effectively chief or people who are in distress who pay for the enormous cost of providing with medical service providers. may not speak English. This could be If this amendment passed, lives could translation and interpreter services storm warnings, as has been men- be lost because DHS and FEMA would from their own funds. There is no Fed- tioned. There are parts of Florida have difficulty issuing danger warnings eral reimbursement for this executive where Spanish is spoken. Certainly in and evacuation instructions, as well as order. Many of us support English as Puerto Rico, Spanish is spoken and other critical notices in other lan- the official language. We understand hurricanes come. You want to alert the guages during times of national emer- that there are billions that are spent in entire population in a way that they gency or catastrophe. can understand that danger is on its an effort to facilitate access to govern- If this amendment passed, it would ment to people who do not have the way. be harder for people to become citizens. I think this repeal of this executive language skills, but also understand it That is because DHS would be pre- is impossible to meet all of those de- order, which goes back almost 12 years vented from providing foreign-language and through many administrations, is mands. assistance to the elderly and disabled As we watch the proliferation in this ill-advised. It will make the country immigrants and refugees seeking to less safe, and certainly it is an amend- government, I would look at what re- naturalize and become U.S. citizens. cently Secretary of Homeland Security ment that we should not support. We want immigrants to be fully as- With that, I thank the gentleman. Janet Napolitano released, a memo- similated in American society. This randum detailing a DHS language ac- Mr. DICKS. Mr. Chairman, I yield amendment would stop this process back the balance of my time. cess plan, which expands Executive and, in fact, potentially cause great Order 13166. The Acting CHAIR. The question is harm to many who do not deserve it. on the amendment offered by the gen- In summary, Mr. Chairman, this I urge my colleagues to oppose this amendment simply says that no funds tleman from Iowa (Mr. KING). amendment. The question was taken; and the Act- available under this act may be uti- Mr. PRICE of North Carolina. Mr. ing Chair announced that the ayes ap- lized to enforce Executive Order 13166. Chairman, I yield back the balance of peared to have it. With that, I yield to the chairman of my time. the subcommittee from Alabama. Mr. KING of Iowa. Mr. Chairman, Mr. PRICE of North Carolina. Mr. Mr. ADERHOLT. I rise in support of just quickly in closing, I would point Chairman, I demand a recorded vote. the gentleman’s amendment from out that we got along fine without this The Acting CHAIR. Pursuant to Iowa, and we think this is a good idea. executive order up until the year 2000, clause 6 of rule XVIII, further pro- Mr. KING of Iowa. Reclaiming my and we’ll get along fine without this ceedings on the amendment offered by time, I reserve the balance of my time. executive order after the year 2012. the gentleman from Iowa will be post- Mr. PRICE of North Carolina. Mr. The assimilation component of this poned. Chairman, I rise in opposition to the doesn’t take place if you facilitate for- AMENDMENT OFFERED BY MR. KING OF IOWA amendment. eign-language speaking within govern- Mr. KING of Iowa. Mr. Chairman, I The Acting CHAIR (Mr. GINGREY of ment. Eighty-seven percent of Ameri- have a King amendment at the desk, Georgia). The gentleman is recognized cans support this policy, the policy of 322. for 5 minutes. English as the official language. This is The Acting CHAIR. The Clerk will re- Mr. PRICE of North Carolina. This is a component of it. There’s nothing that port the amendment. an amendment that it seems very clear prevents justice, health, or emergency The Clerk read as follows: would actually hamper DHS operations services from utilizing multiple lan- At the end of the bill (before the short and make us less safe. guages to take care of the people. title), insert the following:

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.086 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3625 SEC. ll. (a) None of the funds made avail- policy when you consider that it has Level 1 offenders: aliens convicted of ‘‘ag- able in this Act may be used to finalize, im- multiple times been voted down in gravated felonies,’’ as defined in § 101(a)(43) plement, administer, or enforce the ‘‘Morton Congress. of the Immigration and Nationality Act, or Memos’’ described in subsection (b). Number three discouraged ICE agents two or more climes each punishable by more (b) For purposes of this section, the term from enforcing immigration laws than one year, commonly referred to as ‘‘Morton Memos’’ refers to the following doc- ‘‘felonies’’; uments: against aliens who were victims or wit- Level 2 offenders: aliens convicted of any (1) Policy Number 10072.1, published on nesses of crimes. felony or three or more crimes each punish- March 2, 2011. Those are the Morton memos. This able by less than one year, commonly re- (2) Policy Number 10075.1, published on amendment prohibits the dollars from ferred to as ‘‘misdemeanors’’; and June 17, 2011. being used in this budget to enforce the Level 3 offenders: aliens convicted of (3) Policy Number 10076.1, published on Morton memos. crimes punishable by less than one year. June 17, 2011. U.S. IMMIGRATION AND CUSTOMS Priority 2. Recent illegal entrants Mr. KING of Iowa (during the read- ENFORCEMENT, In order to maintain control at the border ing). Mr. Chairman, I ask unanimous March 2, 2011. and at ports of entry, and to avoid a return Memorandum for: All ICE Employees to the prior practice commonly and histori- consent that the reading be dispensed From: John Morton, Director with. cally referred to as ‘‘catch and release,’’ the Subject: Civil Immigration Enforcement: removal of aliens who have recently violated The Acting CHAIR. Is there objection Priorities for the Apprehension, Detention, immigration controls at the border, at ports to the request of the gentleman from and Removal of Aliens of entry, or through the knowing abuse of Iowa? PURPOSE the visa and visa waiver programs shall be a There was no objection. This memorandum outlines the civil immi- priority. The Acting CHAIR. Pursuant to the gration enforcement priorities of U.S. Immi- Priority 3. Aliens who are fugitives or other- order of the House of today, the gen- gration and Customs Enforcement (ICE) as wise obstruct immigration controls they relate to the apprehension, detention, tleman from Iowa (Mr. KING) and a In order to ensure the integrity of the re- and removal of aliens. These priorities shall moval and immigration adjudication proc- Member opposed each will control 5 apply across all ICE programs and shall in- esses, the removal of aliens who are subject minutes. form enforcement activity, detention deci- to a final order of removal and abscond, fail The Chair recognizes the gentleman sions, budget requests and execution, and to depart, or intentionally obstruct immi- from Iowa. strategic planning. gration controls, shall be a priority. These b 1810 A. Priorities for the apprehension, detention, aliens include: and removal of aliens fugitive aliens, in descending priority as Mr. KING of Iowa. Mr. Chairman, In addition to our important criminal in- follows: this amendment, this second King vestigative responsibilities, ICE is charged fugitive aliens who pose a danger to na- amendment, addresses the Morton with enforcing the nation’s civil immigra- tional security; memos, and he would be the director of tion laws. This is a critical mission and one fugitives aliens convicted of violent crimes ICE, and he is quite well known for the with direct significance for our national se- or who otherwise pose a threat to the com- curity, public safety, and the integrity of our munity; memos that unfolded that are known fugitive aliens with criminal convictions as the Morton memos. There are three border and immigration controls. ICE, how- ever, only has resources to remove approxi- other than a violent crime; of them. These memos, compiled to- mately 400,000 aliens per year, less than 4 fugitive aliens who have not been con- gether, bring about the effect of admin- percent of the estimated illegal alien popu- victed of a crime; istrative amnesty. We’ll remember lation in the United States. In light of the aliens who reenter the country illegally that the President issued a policy large number of administrative violations after removal, in descending priority as fol- the agency is charged with addressing and lows: sometime probably less than a year ago previously removed aliens who pose a dan- when he essentially announced that the limited enforcement resources the agen- cy has available, ICE must prioritize the use ger to national security; they were going to look for ways that previously removed aliens convicted of vio- of its enforcement personnel, detention they didn’t have to deport people that lent crimes or who otherwise pose a threat space, and removal resources to ensure that to the community; are already adjudicated for deporta- the removals the agency does conduct pro- tion. previously removed aliens with criminal mote the agency’s highest enforcement pri- convictions other than a violent crime; At the time there were 300,000 people orities, namely national security, public previously removed aliens who have not here in the United States here illegally safety, and border security. been convicted of a crime; and who had been adjudicated for deporta- To that end, the following shall constitute aliens who obtain admission or status by tion. They were awaiting a final depor- ICE’s civil enforcement priorities, with the visa, identification, or immigration benefit tation order. first being the highest priority and the sec- fraud. ond and third constituting equal, but lower, The guidance to the National Fugitive Op- The President’s policy, as echoed priorities. through Department of Homeland Se- erations Program: Priorities, Goals and Ex- Priority 1. Aliens who pose a danger to na- pectations, issued on December 8, 2009, re- curity Secretary Janet Napolitano, and tional security or a risk to public safety mains in effect and shall continue to apply acted on by ICE Director Morton, The removal of aliens who pose a danger to for all purposes, including how Fugitive Op- issued three memos that gave adminis- national security or a risk to public safety eration Teams allocate resources among fu- trative amnesty this way. shall be ICE’s highest immigration enforce- gitive aliens, previously removed aliens, and Memo number one was the most sig- ment priority. These aliens include, but are criminal aliens. nificant, and it said this: that aliens not limited to: B. Apprehension, detention, and removal of who pose a danger to national security aliens engaged in or suspected of terrorism other aliens unlawfully in the United States or are a risk to public safety, they or espionage, or who otherwise pose a danger Nothing in this memorandum should be to national security; construed to prohibit or discourage the ap- might be deported. Illegal aliens who aliens convicted of crimes, with a par- have recently entered the U.S., they prehension, detention, or removal of other ticular emphasis on violent criminals, fel- aliens unlawfully in the United States. ICE might be deported if you catch them at ons, and repeat offenders; special agents, officers, and attorneys may the border, so to speak, Mr. Chairman. aliens not younger than 16 years of age pursue the removal of any alien unlawfully The third component of that memo who participated in organized criminal in the United States, although attention to number one was aliens who are fugi- gangs; these aliens should not displace or disrupt aliens subject to outstanding criminal war- the resources needed to remove aliens who tives or otherwise obstruct immigra- rants; and tion controls might be deported. It aliens who otherwise pose a serious risk to are a higher priority. Resources should be really means the rest of them we’re not public safety. committed primarily to advancing the prior- going to pay much attention to. That’s For purposes of prioritizing the removal of ities set forth above in order to best protect aliens convicted of crimes, ICE personnel national security and public safety and to se- the administrative amnesty compo- cure the border. nent. should refer to the following new offense lev- C. Detention Memo number two discouraged ICE els defined by the Secure Communities Pro- gram, with Level 1 and Level 2 offenders re- As a general rule, ICE detention resources agents from enforcing immigration ceiving principal attention. These new Se- should be used to support the enforcement laws against aliens, many who would cure Communities levels are given in rank priorities noted above or for aliens subject to qualify if the DREAM Act had been en- order and shall replace the existing Secure mandatory detention by law. Absent extraor- acted—which is a pretty outrageous Communities levels of offenses. dinary circumstances or the requirements of

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.038 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3626 CONGRESSIONAL RECORD — HOUSE June 7, 2012 mandatory detention, field office directors Sam Bernsen, Immigration and Naturaliza- seeking expedited removal or other forms should not expend detention resources on tion Service (INS) General Counsel, Legal of removal by means other than a formal re- aliens who are known to be suffering from Opinion Regarding Service Exercise of Pros- moval proceeding in immigration court; serious physical or mental illness, or who are ecutorial Discretion (July 15, 1976); settling or dismissing a proceeding; disabled, elderly, pregnant, or nursing, or Bo Cooper, INS General Counsel, INS Exer- granting deferred action, granting parole, demonstrate that they are primary care- cise of Prosecutorial Discretion (July 11, or staying a final order of removal; takers of children or an infirm, person. or 2000); agreeing to voluntary departure, the with- whose detention is otherwise not in the pub- Doris Meissner, INS Commissioner, Exer- drawal of an application for admission, or lic interest. To detain aliens in those cat- cising Prosecutorial Discretion (November other action in lieu of obtaining a formal egories who are not subject to mandatory de- 17, 2000); order of removal; tention, ICE officers or special agents must Bo Cooper, INS General Counsel, Motions pursuing an appeal; obtain approval from the field office direc- to Reopen for Considerations of Adjustment executing a removal order; and tor. If an alien falls within the above cat- of Status (May 17, 2001); responding to or joining in a motion to re- egories and is subject to mandatory deten- William J. Howard, Principal Legal Advi- open removal proceedings and to consider tion, field office directors are encouraged to sor, Prosecutorial Discretion (October 24, joining in a motion to grant relief or a ben- contact their local Office of Chief Counsel 2005); efit. for guidance. Julie L. Myers, Assistant Secretary, Pros- AUTHORIZED ICE PERSONNEL ecutorial and Custody Discretion (November D. Prosecutorial discretion Prosecutorial discretion in civil immigra- 7, 2007); The rapidly increasing number of criminal John Morton, Director, Civil Immigration tion enforcement matters is held by the Di- aliens who may come to ICE’s attention Enforcement Priorities for the Apprehen- rector and may be exercised, with appro- heightens the need for ICE employees to ex- sion, Detention, and Removal of Aliens priate supervisory oversight, by the fol- ercise sound judgment and discretion con- (March 2, 2011); and lowing ICE employees according to their spe- sistent with these priorities when con- John Morton, Director, Prosecutorial Dis- cific responsibilities and authorities: ducting enforcement operations, making de- cretion: Certain Victims, Witnesses, and officers, agents, and their respective super- tention decisions, making decisions about Plaintiffs (June 17, 2011). visors within Enforcement and Removal Op- release on supervision pursuant to the Alter- The following memoranda related to pros- erations (ERO) who have authority to insti- natives to Detention Program, and litigating ecutorial discretion are rescinded: tute immigration removal proceedings or to cases. Particular care should be given when Johnny N. Williams, Executive Associate otherwise engage in civil immigration en- dealing with lawful permanent residents, ju- Commissioner (EAC) for Field Operations, forcement; veniles, and the immediate family members Supplemental Guidance Regarding Discre- officers, special agents, and their respec- of U.S. citizens. Additional guidance on pros- tionary Referrals for Special Registration tive supervisors within Homeland Security ecutorial discretion is forthcoming. In the (October 31, 2002); and Investigations (HSI) who have authority to meantime, ICE officers and attorneys should Johnny N. Williams, EAC for Field Oper- institute immigration removal proceedings continue to be guided by the November 17, ations, Supplemental NSEERS Guidance for or to otherwise engage in civil immigration 2000 prosecutorial discretion memorandum Call-In Registrants (January 8, 2003). enforcement; from then-INS Commissioner Doris Meiss- attorneys and their respective supervisors BACKGROUND ner; the October 24, 2005 Memorandum from within the Office of the Principal Legal Ad- Principal Legal Advisor William Howard; One of ICE’s central responsibilities is to visor (OPLA) who have authority to rep- and the November 7, 2007 Memorandum from enforce the nation’s civil immigration laws resent ICE in immigration removal pro- then Assistant Secretary Julie Myers. in coordination with U.S. Customs and Bor- ceedings before the Executive Office for Im- E. Implementation der Protection (CBP) and U.S. Citizenship migration Review (EOIR); and and Immigration Services (USCIS). ICE, ICE personnel shall follow the priorities the Director, the Deputy Director, and however, has limited resources to remove set forth in this memorandum immediately. their senior staff. Further, ICE programs shall develop appro- those illegally in the United States. ICE ICE attorneys may exercise prosecutorial priate measures and methods for recording must prioritize the use of its enforcement discretion in any immigration removal pro- and evaluating their effectiveness in imple- personnel, detention space, and removal as- ceeding before EOIR, on referral of the case menting the priorities. As this may require sets to ensure that the aliens it removes rep- from EOIR to the Attorney General, or dur- updates to data tracking systems and meth- resent, as much as reasonably possible, the ing the pendency of an appeal to the federal ods, ICE will ensure that reporting capabili- agency’s enforcement priorities, namely the courts, including a proceeding proposed or ties for these priorities allow for such report- promotion of national security, border secu- initiated by CBP or USCIS. If an ICE attor- ing as soon as practicable, but not later than rity, public safety, and the integrity of the ney decides to exercise prosecutorial discre- October 1, 2010. immigration system. These priorities are tion to dismiss, suspend, or close a par- outlined in the ICE Civil Immigration En- F. No Private Right Statement ticular case or matter, the attorney should forcement Priorities memorandum of March notify the relevant ERO, HSI, CBP, or USCIS These guidelines and priorities are not in- 2, 2011, which this memorandum is intended tended to, do not, and may not be relied charging official about the decision. In the to support. event there is a dispute between the charg- upon to create any right or benefit, sub- Because the agency is confronted with stantive or procedural, enforceable at law by ing official and the ICE attorney regarding more administrative violations than its re- the attorney’s decision to exercise prosecu- any party in any administrative, civil, or sources can address, the agency must regu- criminal matter. torial discretion, the ICE Chief Counsel larly exercise ‘‘prosecutorial discretion’’ if it should attempt to resolve the dispute with is to prioritize its efforts. In basic terms, U.S. IMMIGRATION AND CUSTOMS the local supervisors of the charging official. prosecutorial discretion is the authority of If local resolution is not possible, the matter ENFORCEMENT, an agency charged with enforcing a law to June 17, 2011. should be elevated to the Deputy Director of decide to what degree to enforce the law ICE for resolution. Memorandum for: All Field Office Directors, against a particular individual. ICE, like any FACTORS TO CONSIDER WHEN EXERCISING All Special Agents in Charge, All Chief other law enforcement agency, has prosecu- PROSECUTORIAL DISCRETION Counsel torial discretion and may exercise it in the From: John Morton, Director ordinary course of enforcement. When ICE When weighing whether an exercise of Subject: Exercising Prosecutorial Discretion favorably exercises prosecutorial discretion, prosecutorial discretion may be warranted Consistent with the Civil Immigration it essentially decides not to assert the full for a given alien, ICE officers, agents, and at- Enforcement Priorities of the Agency for scope of the enforcement authority available torneys should consider all relevant factors, the Apprehension, Detention, and Re- to the agency in a given case. including, but not limited to— moval of Aliens In the civil immigration enforcement con- the agency’s civil immigration enforce- PURPOSE text, the term ‘‘prosecutorial discretion’’ ap- ment priorities; This memorandum provides U.S. Immigra- plies to a broad range of discretionary en- the person’s length of presence in the tion and Customs Enforcement (ICE) per- forcement decisions, including but not lim- United States, with particular consideration sonnel guidance on the exercise of prosecu- ited to the following: given to presence while in lawful status; torial discretion to ensure that the agency’s deciding to issue or cancel a notice of de- the circumstances of the person’s arrival immigration enforcement resources are fo- tainer; in the United States and the manner of his cused on the agency’s enforcement priorities. deciding to issue, reissue, serve, file, or or her entry, particularly if the alien came The memorandum also serves to make clear cancel a Notice to Appear (NTA); to the United States as a young child; which agency employees may exercise pros- focusing enforcement resources on par- the person’s pursuit of education in the ecutorial discretion and what factors should ticular administrative violations or conduct; United States, with particular consideration be considered. deciding whom to stop, question, or arrest given to those who have graduated from a This memorandum builds on several exist- for an administrative violation; U.S. high school or have successfully pursued ing memoranda related to prosecutorial dis- deciding whom to detain or to release on or are pursuing a college or advanced degrees cretion with special emphasis on the fol- bond, supervision, personal recognizance, or at a legitimate institution of higher edu- lowing: other condition; cation in the United States;

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.045 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3627 whether the person, or the person’s imme- individuals with an egregious record of im- fect that immigration enforcement may diate relative, has served in the U.S. mili- migration violations, including those with a have on the willingness and ability of vic- tary, reserves, or national guard, with par- record of illegal re-entry and those who have tims, witnesses, and plaintiffs to call police ticular consideration given to those who engaged in immigration fraud. and pursue justice. This memorandum builds served in combat; TIMING on prior guidance on the handling of cases the person’s criminal history, including ar- involving T and U visas and the exercise of While ICE may exercise prosecutorial dis- rests, prior convictions, or outstanding ar- prosecutorial discretion. cretion at any stage of an enforcement pro- rest warrants; ceeding, it is generally preferable to exercise DISCUSSION the person’s immigration history, includ- such discretion as early in the case or pro- Absent special circumstances or aggra- ing any prior removal, outstanding order of ceeding as possible in order to preserve gov- vating factors, it is against ICE policy to ini- removal, prior denial of status, or evidence ernment resources that would otherwise be tiate removal proceedings against an indi- of fraud; expended in pursuing the enforcement pro- vidual known to be the immediate victim or whether the person poses a national secu- ceeding. As was more extensively elaborated witness to a crime. In practice, the vast ma- rity or public safety concern; on in the Howard Memorandum on Prosecu- jority of state and local law enforcement the person’s ties and contributions to the torial Discretion, the universe of opportuni- agencies do not generally arrest victims or community, including family relationships; witnesses of crime as part of an investiga- the person’s ties to the home country and ties to exercise prosecutorial discretion is large. It may be exercised at any stage of the tion. However, ICE regularly hears concerns conditions in the country; that in some instances a state or local law the person’s age, with particular consider- proceedings. It is also preferable for ICE offi- cers, agents, and attorneys to consider pros- enforcement officer may arrest and book ation given to minors and the elderly; multiple people at the scene of alleged do- whether the person has a U.S. citizen or ecutorial discretion in cases without waiting for an alien or alien’s advocate or counsel to mestic violence. In these cases, an arrested permanent resident spouse, child, or parent; victim or witness of domestic violence may whether the person is the primary care- request a favorable exercise of discretion. Al- though affirmative requests from an alien or be booked and fingerprinted and, through the taker of a person with a mental or physical operation of the Secure Communities pro- disability, minor, or seriously ill relative; his or her representative may prompt an evaluation of whether a favorable exercise of gram or another ICE enforcement program, whether the person or the person’s spouse may come to the attention of ICE. Absent is pregnant or nursing; discretion is appropriate in a given case, ICE officers, agents, and attorneys should exam- special circumstances, it is similarly against whether the person or the person’s spouse ICE policy to remove individuals in the suffers from severe mental or physical ill- ine each such case independently to deter- mine whether a favorable exercise of discre- midst of a legitimate effort to protect their ness; civil rights or civil liberties. whether the person’s nationality renders tion may be appropriate. In cases where, based upon an officer’s, To avoid deterring individuals from report- removal unlikely; ing crimes and from pursuing actions to pro- whether the person is likely to be granted agent’s, or attorney’s initial examination, an exercise of prosecutorial discretion may be tect their civil rights, ICE officers, special temporary or permanent status or other re- agents, and attorneys are reminded to exer- lief from removal, including as a relative of warranted but additional information would assist in reaching a final decision, additional cise all appropriate discretion on a case-by- a U.S. citizen or permanent resident; case basis when making detention and en- whether the person is likely to be granted information may be requested from the alien or his or her representative. Such requests forcement decisions in the cases of victims temporary or permanent status or other re- of crime, witnesses to crime, and individuals lief from removal, including as an asylum should be made in conformity with ethics rules governing communication with rep- pursuing legitimate civil rights complaints. seeker, or a victim of domestic violence, Particular attention should be paid to: resented individuals 3 and should always em- human trafficking, or other crime; and victims of domestic violence, human traf- phasize that, while ICE may be considering whether the person is currently cooper- ficking, or other serious crimes; ating or has cooperated with federal, state or whether to exercise discretion in the case, witnesses involved in pending criminal in- local law enforcement authorities, such as there is no guarantee that the agency will vestigations or prosecutions; ICE, the U.S. Attorneys or Department of ultimately exercise discretion favorably. Re- plaintiffs in non-frivolous lawsuits regard- Justice, the Department of Labor, or Na- sponsive information from the alien or his or ing civil rights or liberties violations; and tional Labor Relations Board, among others. her representative need not take any par- individuals engaging in a protected activ- This list is not exhaustive and no one fac- ticular form and can range from a simple let- ity related to civil or other rights (for exam- tor is determinative. ICE officers, agents, ter or e-mail message to a memorandum ple, union organizing or complaining to au- and attorneys should always consider pros- with supporting attachments. thorities about employment discrimination ecutorial discretion on a case-by-case basis. DISCLAIMER or housing conditions) who may be in a non- The decisions should be based on the totality As there is no right to the favorable exer- frivolous dispute with an employer, landlord, of the circumstances, with the goal of con- cise of discretion by the agency, nothing in or contractor. forming to ICE’s enforcement priorities. this memorandum should be construed to In deciding whether or not to exercise dis- That said, there are certain classes of indi- prohibit the apprehension, detention, or re- cretion, ICE officers, agents, and attorneys viduals that warrant particular care. As was moval of any alien unlawfully in the United should consider all serious adverse factors. stated in the Meissner memorandum on Ex- States or to limit the legal authority of ICE Those factors include national security con- ercising Prosecutorial Discretion, there are or any of its personnel to enforce federal im- cerns or evidence the alien has a serious factors that can help ICE officers, agents, migration law. Similarly, this memorandum, criminal history, is involved in a serious and attorneys identify these cases so that which may be modified, superseded, or re- crime, or poses a threat to public safety. they can be reviewed as early as possible in scinded at any time without notice, is not Other adverse factors include evidence the the process. intended to, does not, and may not be relied alien is a human rights violator or has en- The following positive factors should upon to create any right or benefit, sub- gaged in significant immigration fraud. In prompt particular care and consideration: stantive or procedural, enforceable at law by the absence of these or other serious adverse veterans and members of the U.S. armed any party in any administrative, civil, or factors, exercising favorable discretion, such forces; criminal matter. as release from detention and deferral or a long-time lawful permanent residents; stay of removal generally, will be appro- priate. Discretion may also take different minors and elderly individuals; U.S. IMMIGRATION AND CUSTOMS individuals present in the United States forms and extend to decisions to place or ENFORCEMENT, since childhood; June 17, 2011. withdraw a detainer, to issue a Notice to Ap- pregnant or nursing women; Memorandum for: All Field Office Directors, pear, to detain or release an alien, to grant victims of domestic violence, trafficking, All Special Agents in Charge, All Chief a stay or deferral of removal, to seek termi- or other serious crimes; Counsel nation of proceedings, or to join a motion to individuals who suffer from a serious men- From: John Morton Director, administratively close a case. tal or physical disability; and In addition to exercising prosecutorial dis- Subject: Prosecutorial Discretion: Certain individuals with serious health conditions. cretion on a case-by-case basis in these sce- Victims, Witnesses, and Plaintiffs In exercising prosecutorial discretion in narios, ICE officers, agents, and attorneys furtherance of ICE’s enforcement priorities, PURPOSE are reminded of the existing provisions of the following negative factors should also This memorandum sets forth agency policy the Trafficking Victims Protection Act prompt particular care and consideration by regarding the exercise of prosecutorial dis- (TVPA), its subsequent reauthorization, and ICE officers, agents, and attorneys: cretion in removal cases involving the vic- the Violence Against Women Act (VAWA). individuals who pose a clear risk to na- tims and witnesses of crime, including do- These provide several protections for the vic- tional security; mestic violence, and individuals involved in tims of crime and include specific provisions serious felons, repeat offenders, or individ- non-frivolous efforts related to the protec- for victims of domestic violence, victims of uals with a lengthy criminal record of any tion of their civil rights and liberties. In certain other crimes, and victims of human kind; these cases, ICE officers, special agents, and trafficking. known gang members or other individuals attorneys should exercise all appropriate Victims of domestic violence who are the who pose a clear danger to public safety; and prosecutorial discretion to minimize any ef- child, parent, or current/former spouse of a

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.046 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3628 CONGRESSIONAL RECORD — HOUSE June 7, 2012 U.S. citizen or permanent resident may be I reserve the balance of my time. partment of Homeland Security, actu- able to self-petition for permanent resi- Mr. PRICE of North Carolina. Mr. ally, the immigration service at the dency. A U nonimmigrant visa provides legal Chairman, I rise in opposition to the time, to set priorities, and here’s what status for the victims of substantial mental amendment. or physical abuse as a result of domestic vio- they said. lence, sexual assault, trafficking, and other The Acting CHAIR. The gentleman is The letter expressed concern about certain crimes. A T nonimmigrant visa pro- recognized for 5 minutes. cases of apparent extreme hardship, vides legal status to victims of severe forms Mr. PRICE of North Carolina. Mr. such as removal proceedings against of trafficking who assist law enforcement in Chairman, this amendment would pro- legal permanent residents who came to the investigation and/or prosecution of hibit the use of funds to enforce the United States when they were very human trafficking cases. ICE has important memos, internal ICE memos, on civil young, many years ago, maybe com- existing guidance regarding the exercise of immigration enforcement priorities mitted a single criminal crime at the discretion in these cases that remains in ef- and on prosecutorial discretion. fect. Please review it and apply as appro- lower end of the spectrum, who have priate. Now, our friend from Texas rightly always been law abiding, and said to Please also be advised that a flag now ex- talks about the importance of law en- the INS that they should exercise dis- ists in the Central Index System (CIS) to forcement, and I would just ask col- cretion more regularly. That was done identify those victims of domestic violence, leagues, is there any law enforcement by the Clinton administration, the trafficking, or other crimes who already agency in the land that does not set Bush administration, and now the have filed for, or have been granted, victim- priorities? Obama administration. based immigration relief. These cases are re- Every law enforcement agency set flected with a Class of Admission Code ‘‘384.’’ To suggest that deportations are not When officers or agents see this flag, they priorities. They have to make the most occurring is extremely misleading be- are encouraged to contact the local ICE Of- effective use of limited resources. cause, in fact, there have been more de- fice of Chief Counsel, especially in light of No law enforcement agency can go portations during the Obama adminis- the confidentiality provisions set forth at 8 after every violation indiscriminately. tration per year than at any time in U.S.C. § 1367. Every law enforcement agency has to the Nation’s history. DHS has removed NO PRIVATE RIGHT OF ACTION prioritize its resources to decide what’s over 779,000 individuals in deportation These guidelines and priorities are not in- most important, what’s most protec- proceedings, an 18 percent increase. tended to, do not, and may not be relied tive of the public safety and go after However, there is a limit to the num- upon to create any right or benefit, sub- the perpetrators that would do us the ber who can be deported per year. Sure- stantive or procedural, enforceable at law by any party in any administrative, civil, or most harm. That’s about as basic as it ly, we would all agree that going after criminal matter. gets. criminals and terrorists is a higher pri- I would then at this point urge its In a world with limited resources, it’s ority than going after grandma or lit- adoption and yield to the acting sub- dangerous and irresponsible not to tle kids. committee chairman, the gentleman prioritize the detention and deporta- Mr. PRICE of North Carolina. Mr. from Texas. tion of people who pose a threat to pub- Chairman, I yield back the balance of Mr. CULBERSON. Mr. Chairman, the lic safety and national security. my time. committee strongly supports the gen- Why would we want ICE to spend as Mr. KING of Iowa. Mr. Chairman, tleman’s amendment. It is entirely im- much time and energy going after in- may I inquire as to how much time I portant and vitally important that the nocent kids in college who were have remaining? Congress defund the administration’s brought to this country by their par- The Acting CHAIR. The gentleman unilateral attempt to bypass the laws ents as it spends going after known, has 1 minute remaining. of the United States and implement an dangerous criminals? Why would we Mr. KING of Iowa. Mr. Chairman, I amnesty program by Executive order. want ICE to focus on the detention and would just make the point that I lis- It’s unacceptable. It violates the law. deportation of the spouses of U.S. citi- tened to a lot of discussion about some- As all of us in Texas know—I had zens serving in our military, rather thing that we well know around here is brought with me tonight for this de- than on people who pose a threat to na- prosecutorial discretion. We don’t have bate, because it’s so important to re- tional security? the resources to prosecute every law member, that the first image on the The answer is, we would not want breaker and we know that law enforce- first coin of the Republic of Mexico them to do such reckless and indis- ment has to use that discretion on states, liberty and law. There is a won- criminate things. We want them to set those resources. derful image of the liberty cap over the priorities, and that’s exactly what the This, though, is the President’s pol- scales of Justice. It points out quite Morton memos are about. icy. This is the President’s policy of correctly, the Republic of Mexico’s, the I yield to the ranking member of the administrative amnesty that’s imple- first coin they ever minted, that there Immigration Subcommittee of the Ju- mented through the White House, can be no liberty without law enforce- diciary Committee, the gentlewoman through Janet Napolitano down ment. from California (Ms. ZOE LOFGREN). through Director Morton and his Mor- We strongly support the gentleman’s Ms. ZOE LOFGREN of California. It ton memos, which are amnesty. amendment. How vitally important it is true that every law enforcement They said, we don’t want to enforce is that we restore law and order to the agency in the land makes priorities for the law. We want to have comprehen- border, that we enforce the immigra- enforcement. You’re going to go after sive immigration reform, which we tion laws in this country in a way that the dangerous gang member before you know are code words for amnesty, and is evenhanded and fair and just, be- go after somebody who is double- they are bringing it about through an cause only when the border is secure, parked or who is jaywalking. That’s executive administrative amnesty in only when the immigration laws are what police do all over the United the same way as they are trying to im- enforced, will we be able to actually States. plement cap and trade rules through have a healthy commerce with Mexico, What these memos do is to put some EPA rules and regulations. order into who we’re going after first. will we be able to actually have a guest b 1820 worker program with Mexico and allow It’s important to note that in all of the people to come here legally to work so memos there is a statement that this I would add also they have a respon- we can actually restore the back and does not create any right for a person sibility to enforce the law. It says in forth trade that has made Texas and who is here without their proper pa- article II of the Constitution: all the border States so prosperous. pers. It is merely a set of priorities. He shall take care that the laws be faith- We strongly support the gentleman’s I would note also that these memos fully executed. amendment and urge its adoption. are not new. The prosecutorial discre- This Constitution doesn’t give an ex- Mr. KING of Iowa. Reclaiming my tion memos have been in effect since emption. It doesn’t say you’re going to time, Mr. Chairman, I would point out 1996. I recall in 1999 I was a member of enforce the ones you like and not the that the Morton memos, in effect, pro- the Judiciary Committee. Then-Chair- ones you don’t like. We have to adopt vide administrative amnesty poten- man Henry Hyde, along with now this amendment so that we do direct tially for millions. Chairman LAMAR SMITH, asked the De- the law.

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.047 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3629 I would urge its adoption, and I yield The Acting CHAIR. A point of order TSO from Washington Dulles ap- back the balance of my time. is reserved. proached her wearing a TSA-issued The Acting CHAIR. The question is Pursuant to the order of the House of uniform and flashed his badge. This on the amendment offered by the gen- today, the gentlewoman from Ten- past March, the TSO supervisor at tleman from Iowa (Mr. KING). nessee (Mrs. BLACKBURN) and a Member Washington Dulles was arrested for al- The question was taken; and the Act- opposed each will control 5 minutes. legedly running a prostitution ring. ing Chair announced that the ayes ap- The Chair recognizes the gentle- However, it’s been reported that the in- peared to have it. woman from Tennessee. dividual pled guilty to a second degree Mr. PRICE of North Carolina. Mr. Mrs. BLACKBURN. Thank you, Mr. assault in 1999. Why didn’t TSA catch Chair, I demand a recorded vote. Chairman. that while performing that background The Acting CHAIR. Pursuant to We all know that the TSA is out of check before they gave him a badge clause 6 of rule XVIII, further pro- control and Congress does have an in- and a uniform? ceedings on the amendment offered by stitutional role to rein them back in. TSOs are abusing this limited au- the gentleman from Iowa will be post- In 2005, the TSA administratively re- thority. I just released a report this poned. classified airport security screeners’ week that details 50 arrests involving Mr. CULBERSON. Mr. Chairman, I title to Transportation Security Offi- the TSOs. These are reasons enough move to strike the last word. cers, or, as they are called, TSOs; and that we need to take them out of the The Acting CHAIR. The gentleman subsequently they changed their uni- uniforms, disallow the uniforms, and from Texas is recognized for 5 minutes. forms to resemble that of a Federal law put them back to their job title of air- Mr. CULBERSON. I yield to the gen- enforcement officer. In 2008, a metal port security screener. tleman from California (Mr. BILBRAY). badge was added to this uniform. This I urge my colleagues to join the Mr. BILBRAY. Mr. Chairman, we’ve title and the uniform, the changes that American Alliance of Airport Police all heard the words from law enforce- were made, Mr. Chairman, were simply Officers, which represents rank-and-file ment: I don’t make the laws; I just en- made to give the TSOs an authori- airport police officers in Dallas, L.A., force it. The trouble is the administra- tative appearance. and New York, who are tired of the tion is now saying: I don’t like the Despite the new title and appearance, TSA’s mission creep and to adopt and laws. I won’t enforce them in this cat- the TSOs and the BDOs, or Behavioral support this amendment. egory. It would be equivalent to an of- Detection Officers, do not receive any I yield back the balance of my time. ficer saying, I’m not going to enforce Federal law enforcement training, Mr. PRICE of North Carolina. Mr. any drug laws because I don’t agree they’re not eligible for Federal law en- Chairman, I rise in opposition to the with them. I want to wait until I may forcement benefits, and the TSOs and amendment. see a bank robber. the BDOs are in name only, I remind The Acting CHAIR. The gentleman is The fact is the executive branch is you. The problem is they were set in recognized for 5 minutes. trying to legislate from the White place as airport security screeners; and Mr. PRICE of North Carolina. Mr. House and violate the separations administratively, since 2005, they have Chairman, this amendment is aimed at clause by using what is basically a moved through all of these changes. the people who protect us in our air- pocket veto after the time limit that is As of November 2009, the TSA had ports. It disparages their service, de- described by law. That pocket veto is spent $1,027,560.10 on TSO badges. The values their contribution, undermines not only wrong; it’s unconstitutional. current amount is unknown because our efforts to make this a more profes- I would ask that the Judiciary Com- TSA will not release the figure. sional and competent force. Why would mittee hold a hearing and ask the ICE When Congress created the TSA, we do this? What an unnecessary and agents about the fact that they’ve been their presence at our Nation’s security damaging amendment. directed, even when they raid a place checkpoints at the airports was sup- This amendment would prevent the where they have a warrant for some- posed to be in the capacity of airport Transportation Security Administra- body’s arrest, even if they know other security screeners, not transportation tion non-law enforcement personnel individuals are committing a crime at security officers or law enforcement of- from wearing a metal badge or wearing the time that they’re in those situa- ficers. Almost every day of the week a uniform that resembles the uniform tions, they’re not allowed to arrest you can turn on the news and you see of law enforcement. What an insult to those they’re witnessing in the com- story after story where a TSO in uni- these people. We count on these people mission of a crime under direction of form has been arrested or has acted in- to protect us. We put them in our avia- the executive branch, which is trying appropriately with a passenger. I be- tion system as critical protection to legislate from the White House. lieve many of these problems stem against terrorism and against others We need to send a clear signal. It is from the fact that the TSA does not who could do us harm. How counter- for the White House and the executive consistently conduct what we would productive is this to our efforts to de- branch to execute the laws of this call routine preemployment or ongoing velop a competent professional force? country, not to change them, not to background checks of new and existing erase them, and not to try to legislate employees. Yet after inconsistent use b 1830 from a branch that is constitutionally of background checks and only 80 hours TSA’s current title and uniform poli- not supposed to be making those deci- of classroom training, we are giving cies are consistent with the skilled and sions. TSOs a badge and a uniform. professional nature of TSA’s frontline Mr. CULBERSON. I yield back the Meanwhile, if you were interested in workforce. These policies are aligned balance of my time. joining most of our police departments, with policies for other security profes- AMENDMENT OFFERED BY MRS. BLACKBURN you would spend up to 6 months in an sional positions within the Department Mrs. BLACKBURN. I have an amend- academy, where you would receive law of Homeland Security. ment at the desk. enforcement training. This would come So how gratuitous is it to disparage The Acting CHAIR. The Clerk will re- after you met certain application re- this workforce? These are skilled pro- port the amendment. quirements and were accepted to that fessionals. We want to make them The Clerk read as follows: academy. And then, after you pass a more so. We want to boost their morale At the end of the bill (before the short test and complete that training, you and show appreciation for their efforts. title) insert the following: would be given the right to wear a uni- This amendment would be a backward SEC. ll. None of the funds made available by this Act may be used to provide to a form and be called Officer. Here in step and, I think, a fairly petty back- Transportation Security Officer, Behavior D.C., the TSA has advertised for Wash- ward step. It would hinder our efforts Detection Officer, or other employee of the ington Reagan International Airport to develop a risk-based, intelligence- Transportation Security Administration TSOs on pizza boxes and on pumps at driven organization to secure our air- (1) a badge or shield; or discount gas stations. ports. (2) a uniform with epaulets or a badge tab. TSOs are abusing their uniforms and With that, I yield to our colleague Mr. DICKS. Mr. Chairman, I reserve a badges. Just days before Thanksgiving, from the authorizing committee, the point of order on the amendment. a Virginia woman was raped after a gentlelady from Texas.

VerDate Mar 15 2010 05:33 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.097 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3630 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Ms. JACKSON LEE of Texas. I thank think we all agree is that there are SEC. ll. None of the funds made available you very much. many good people that work with the by this Act may be used for Transportation Mr. PRICE is absolutely right, I serve TSA. I have some good friends that Security Administration Transportation Se- as the ranking member on the Trans- work with the TSA. But to my col- curity Officers or Behavior Detection Offi- cers outside an airport. portation Security Committee on leagues here on the floor, I would re- Homeland Security, and a risk-based, mind you, those that are our airport Mr. DICKS. Mr. Chairman, we do not well-trained professional team is what screeners and now called transpor- have an accurate copy of the amend- we have been working toward and what tation security officers, they cannot ment, and we feel like we’re at a dis- we are achieving. detain anyone. If they find someone advantage. This thing has been rewrit- I ask my colleagues to remember they want to detain, they have to call ten, and we don’t have the final draft. The Acting CHAIR. A copy of the America pre-9/11 without a professional the airport police. amendment will be distributed. workforce. And I’d also like to say that I would also remind you, in the legis- Mr. DICKS. Thank you. in spite of the citations of inappro- lation that was passed in this House, priate behavior, which none of us con- The Acting CHAIR. Pursuant to the they are designated as an airport secu- order of the House of today, the gentle- done, there are thousands and thou- rity screener to assist the traveling woman from Tennessee (Mrs. BLACK- sands of untold stories of TSO officers public. I will also remind you that BURN) and a Member opposed each will doing their job, providing the safety these TSOs receive 80 hours of train- lines for the safety of this Nation and control 5 minutes. ing—80 hours—and then 3 to 5 weeks of The Chair recognizes the gentle- providing assistance to the traveling on-the-job training. Our air marshals, public. woman from Tennessee. our policemen, those law enforcement Mrs. BLACKBURN. Mr. Chairman, How do I know? Because I make it a officers are receiving much more train- habit of visiting airports and seeing that is the correct amendment, and I ing. And despite TSA’s growing pres- want to thank the committee for work- our TSO officers work and interacting ence, more than 25,000 security with them and asking them how long ing with us to make certain that we breaches have occurred at U.S. airports they have served. Many of them came get it right. One of the things that I in the last decade, and they are dealt in after 9/11 because they could not sit have learned through my legislative with by the airport police. career is that many times leg counsel idly by while the Nation had been at- Mr. ADERHOLT. Mr. Chairman, I tacked. Many of them are former law will advise something is done one way rise regrettably to oppose the amend- enforcement officers, former military and parliamentarians another way. ment. I think this amendment is very personnel who believed that they were And whether it was at the State level well-intentioned; but the amendment, serving their Nation. or the Federal level, it is good to say What is a badge? It is a dignity that unfortunately, would force the TSA to let’s get it right and let’s do it right is allowed to those who are on the wear civilian gear and this could pos- the first time. You have less cleanup. If front lines of the Nation’s security. sibly confuse the public as to whether we did more of that in this House, we What is a uniform? It is a consistent the screeners have the authorized duty would be coming back to this floor to statement that you are authorized to to carry out their lawful inspection of correct wrongs that have been done. do your duty. screening. It would also require the Certainly our plate is full of them this And I would simply say in the mis- TSA to discard millions of dollars’ year. worth of current uniforms, and the bill takes that occur in any body, whatever b 1840 body it might be, local law enforce- does not fund any new uniforms. ment, the United States military, do I do think that there are some things There are some great aspects in the we strip them of their gear because of we need to address, and I appreciate DHS bill, but there is one I have a lot incidental or arbitrary incidents that the gentlelady from Tennessee bringing of concern on, and it is the funding individuals perpetrate? In this in- it to my attention here, and I would be that is there for these DHS VIPR stance, we have a majority of heroic, happy to work with her. Again, I have teams. first-line individuals who want to do to oppose the amendment, but like I Now, this is what has happened since better. said, I would be happy to work with her 2005. The VIPR teams have begun con- Can we do better? Absolutely. But it and see if we can’t come to some ac- ducting random searches and is not done through the removal of the commodation on this. screenings at train stations, subways, badge or the removal of the uniform. I I yield back the balance of my time. bus terminals, ferry terminals, and would just say to my colleagues that The Acting CHAIR. The gentleman other mass transit locations around we have been blessed since the tragedy from Washington has reserved a point the country. of 9/11, but I am reminded of the trag- of order. Does the gentleman insist on The objective of VIPR deployments is edy of 9/11, and I’m reminded of the he- his point of order? to augment capabilities that disrupt roic souls who lost their lives, families Mr. DICKS. I withdraw my point of and deter potential terrorist activity. who still mourn. And I’m reminded of order. However, to date, we have not received the effort of this Congress and the ad- The Acting CHAIR. The gentleman any report of a VIPR team successfully ministration at that time, President withdraws his point of order. preventing a single terrorist activity, George Bush, to answer the call. The The question is on the amendment despite the fact that during this time- TSA was part of answering that call. It offered by the gentlewoman from Ten- frame the FBI, the CIA, and police offi- LACKBURN). is our duty, I believe, to ensure that nessee (Mrs. B cers have been highly successful at dis- The question was taken; and the Act- professional service, to allow them to covering and apprehending terrorists ing Chair announced that the noes ap- serve, and to ensure that they are serv- here in the U.S. peared to have it. Last year alone, VIPR teams ran ing the American public. Mrs. BLACKBURN. Mr. Chairman, I With that, I ask my colleagues to op- more than 9,300 unannounced check- demand a recorded vote. pose the gentlelady from Tennessee’s points and other search operations. The Acting CHAIR. Pursuant to amendment. This comes at a rate of approximately Mr. PRICE of North Carolina. Mr. clause 6 of rule XVIII, further pro- 170 to 190 deployments each week. This Chairman, I yield back the balance of ceedings on the amendment offered by past October, Tennessee became the my time. the gentlewoman from Tennessee will first State to conduct a statewide Mr. ADERHOLT. Mr. Chairman, I be postponed. VIPR team operation with TSA trans- move to strike the last word. AMENDMENT OFFERED BY MRS. BLACKBURN portation security officers. The VIPR The Acting CHAIR. The gentleman Mrs. BLACKBURN. Mr. Chairman, I team randomly inspected truck drivers from Alabama is recognized for 5 min- have an amendment at the desk. on the side of Tennessee’s highways. utes. The Acting CHAIR. The Clerk will re- And I remind you, these are individuals Mr. ADERHOLT. I yield to the gen- port the amendment. that have no law enforcement training. tlelady from Tennessee. The Clerk read as follows: Recently, we even saw TSA TSOs at Mrs. BLACKBURN. I thank the gen- At the end of the bill (before the short the Capitol South Metro station a few tleman for yielding. One point where I title) insert the following: weeks ago randomly inspecting——

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.102 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3631 Mr. DICKS. Will the gentlewoman put in place as airport security offi- where no identifiable public security yield? cers. As the gentleman well knows— threat has been posed and they’re Just very briefly, we’re confused Mr. PRICE of North Carolina. Re- doing so in the most absurd manner. again because the gentlelady is refer- claiming my time, I asked a very di- Down in Savannah, Georgia, they ring to section 1 of her previous amend- rect question: Does the amendment in- went last year and they checked on the ment, which is now taken out. clude or not include VIPR teams? Amtrak trains. That sounds like a good The Acting CHAIR. The gentlewoman I yield to the gentlewoman. idea. But you know when they did it? from Tennessee controls the time. Mrs. BLACKBURN. At this point, the They did it when the people were get- Does the gentlewoman yield? amendment is addressing those that ting off of the train as opposed to get- Mrs. BLACKBURN. No, I do not are working outside of our Nation’s ting onto the train. yield. And I’m going to finish my state- airports. This is an overreach; it is a They went over to Texas a little ment and discuss the activity of these stretch. They are not put in place to do while ago, in Brownsville, Texas, and teams that are working outside of an that, and I think the gentleman from they checked the cars there, private airport. North Carolina understands that very cars—your car, my car, trucks and What we have to remember is that well. what have you. And they did it over at TSOs were previously called airport se- Mr. PRICE of North Carolina. I a port, not when the people are going curity agents. Now they have become thank the gentlewoman for clarifying into the port when there might be a transportation security officers, and that. risk or a threat to the port; they did it now they are working outside of the There is a lot of confusion about this when cars were leaving the port. And airport. amendment. The VIPR teams aside, let again, there was no identifiable risk or I want you to keep in mind this me just say that to put in this bill a threat posed at that period of time. about what transpired at the Capitol blanket prohibition against TSA offi- There is support for the TSA in gen- South Metro. Passengers had their cers operating outside of an airport is eral, but let’s focus it back at the air- bags randomly inspected. Keep in mind overly broad and really would be dam- port again and let Americans know that these TSOs did not inspect every aging with respect to the things our that you can still travel in this coun- bag that came in front of them. They screeners often are asked to do. Some try, you can get in your own car and entered the station looking through screeners do assist in passenger screen- not be worried that there is going to be some random selections, and they ig- ing at transit facilities, for example, a TSA agent out there with no conceiv- nored everybody that was leaving that and sometimes they are asked to help able threat whatsoever and engaging in station. They only took people going in screening at national security basically what really is security the- in, not people coming out. That should events. I am told there may be a role at ater. really give everybody concern right the national conventions or events of Ms. ZOE LOFGREN of California. now. If there was some reason for ac- that sort where a surge capacity is Will the gentleman yield? tionable intelligence, you would have called for. Mr. ADERHOLT. I yield to the gen- been searching everybody just a few Now, some discretion, some good tlewoman. steps away from this Capitol. judgment is called for in the use of Ms. ZOE LOFGREN of California. I Funding for almost 200 VIPR deploy- these personnel, but it escapes me why, would just like to make a brief com- ments each week that are random and in an appropriations bill, we would ment, because I actually share the con- are not based on and driven by intel- want to write in a blanket prohibition cern that’s been expressed about TSA ligence is not an effective national se- of this sort when there are demon- agents randomly going out. I had an in- curity policy, nor does it serve the strable uses for these personnel outside cident such as that in the city of San American taxpayer well. Catching ter- the airport that are very valuable and Jose, and I find it improper and highly rorists isn’t a secret; it needs to be contribute to our security. objectionable. driven by intelligence, which is why So I urge defeat of the amendment, However, the concern I have in this the FBI, our Nation’s law enforcement, and yield back the balance of my time. amendment is, as Mr. PRICE has said, and the Capitol Police have been suc- Mr. ADERHOLT. Mr. Chairman, I you could not utilize this workforce cessful at it. move to strike the last word. and say, Okay, we’re having the Repub- I encourage my colleagues to support The Acting CHAIR. The gentleman lican convention; we need an all hands the amendment, and I yield back the from Alabama is recognized for 5 min- on deck to do security. If this amend- balance of my time. utes. ment passes, that would be off limits. Mr. PRICE of North Carolina. Mr. Mr. ADERHOLT. At this time, I If you had an actual articulable threat Chairman, I rise in opposition to the would like to yield to the gentleman where you needed expertise, you amendment. from New Jersey (Mr. GARRETT). couldn’t use them. The Acting CHAIR. The gentleman is Mr. GARRETT. I thank the gen- So I think that is a mistake, even recognized for 5 minutes. tleman. I’ll be brief. though I want to say I think the issue Mr. PRICE of North Carolina. I first If you’ve ever travelled in an airport you’ve raised is a solid one and I agree want to express some puzzlement for the last 10 years, you’re familiar with you. It’s just I think the amend- though, and perhaps the sponsor of this with the TSAs and their invasive con- ment goes way beyond the issue that amendment can clarify this as she duct in certain circumstances, whether we agree on. closes. it’s the full body scans or the pat I thank the gentleman for yielding. One of the early scribbled versions of downs, what have you. One thing that b 1850 this amendment did indeed refer to most Americans thought is that, if you Mr. ADERHOLT. I thank the gentle- VIPR teams, and about two-thirds of didn’t want to go through that, you lady, and reclaim my time. her statement was about VIPR teams, could still always travel simply by I appreciate the gentlelady from Ten- but my understanding is that the copy driving your own car, driving your own nessee working with us on this as we of the amendment we now have has had truck, and not have to go through such are trying to reword the amendment that portion scratched out. So the an examination. That is not the case with the proposed changes. So with the amendment no longer pertains to VIPR anymore. proposed changes that have been given teams. The TSA is not just for airports any- to the Clerk and handed out to the mi- Could I, just for a moment, get some more, as the gentlelady has explained. nority, we would accept the changes clarification on that. They now go beyond the airports. They and accept the amendment. And I yield to the gentlewoman from go onto the Nation’s highways and Mr. DICKS. I move to strike the req- Tennessee. they go onto the rest stops and they go uisite number of words. Mrs. BLACKBURN. I thank the gen- onto the truck stops and the rest. And The Acting CHAIR. The gentleman tleman for yielding. they are doing so in a manner that is from Washington is recognized for 5 And yes, all of these TSOs that are not from the original intent of the minutes. working outside of our Nation’s air- Homeland Security bill that created Mr. DICKS. It just seems to me that, ports, as I said, they were originally the TSAs. They are going out there we shouldn’t be doing an amendment

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.107 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3632 CONGRESSIONAL RECORD — HOUSE June 7, 2012 here on the floor when we really don’t The Acting CHAIR. A point of order time operations of CBP’s office of Air have all the information before us. is reserved. and Marine in Puerto Rico. Your side is in charge of Homeland Se- The Chair recognizes the gentleman For many years this arrangement curity. PETER KING is the very able from Puerto Rico. worked well enough. However, re- chairman of the Homeland Security Mr. PIERLUISI. Mr. Chairman, vio- cently, because of a shortfall in the Committee. There ought to be hearings lent crime in Puerto Rico and the Puerto Rico trust fund of about $1.7 on this issue if, in fact, TSA people are neighboring U.S. Virgin Islands has million due to reduced customs collec- overstepping their bounds. been on the rise since 2000, even though tions, CBP closed a critical boat unit But to come here on the floor and try violent crime nationwide has decreased in San Juan that, in 2010, seized over to cut off all funding, when we have no substantially during that same time 7,000 pounds of illegal drugs. This is be- idea—the gentlelady had to rewrite her period. cause CBP has interpreted current Fed- amendment several times, for God Puerto Rico’s homicide rate is about eral law to require that it use either knows what reason. I mean, this is six times the national average. Al- the trust fund or general congressional hardly the way to legislate. though there are a number of reasons appropriations to fund its operations, So I urge the defeat of this scratchy for this alarming spike in violence, one but not both. little amendment, and let’s go to of the most important factors is that My amendment would simply give PETER KING and BENNIE THOMPSON and the U.S. government has, to its credit, CBP the authority to supplement any ask them to hold hearings on this. Do substantially increased resources along funding from the trust fund with gen- this responsibly. the Southwest border with Mexico in eral appropriations made in this bill, so This amendment will be dropped. It an effort to stem the flow of drugs into that we will avoid a repeat of what isn’t going anywhere, frankly, so you our Nation through the Central Amer- happened in the case of the San Juan might as well face the fact that when ican land corridor and to reduce vio- boat unit. we get to conference this is gone. The lence in U.S. border States. My amendment does not require CBP Senate will never agree to it. The ad- As a result, drug trafficking organi- to spend a single additional dollar in ministration would never agree to it, zations have adapted, increasingly uti- Puerto Rico, or to prioritize Puerto and they shouldn’t. lizing air and maritime routes through Rico over other jurisdictions in any If you want to do something that’s the Caribbean in order to supply the way, and the CBO has indicated the constructive, go to the Homeland Secu- U.S. market, just as they did back in amendment has no budgetary impact. rity Committee and let them deal with the 1980s and 1990s. In 2011, Puerto The amendment merely gives the agen- it. Rico, with a population of 3.7 million, cy the flexibility and discretion to I yield back the balance of my time. had nearly as many homicides as draw upon general appropriations in The Acting CHAIR. The question is Texas, with a population of 25 million. the event there is a shortfall in the on the amendment offered by the gen- According to estimates, 75 percent of trust fund in order to fulfill its respon- tlewoman from Tennessee (Mrs. BLACK- these homicides were linked to the sibilities in Puerto Rico. BURN). international drug trade. Adoption of the amendment will en- The question was taken; and the Act- Through various bills and accom- sure that the CBP’s counter-drug mis- ing Chair announced that the noes ap- panying committee reports, the Appro- sion in Puerto Rico is not unduly peared to have it. priations Committee has taken clear harmed. This, in turn, will promote the Mrs. BLACKBURN. Mr. Chairman, I notice of this issue and directed Fed- broader national security interest of demand a recorded vote. eral law enforcement agencies to the United States, since 80 percent of The Acting CHAIR. Pursuant to prioritize counter-drug efforts in the the drugs that enter Puerto Rico are clause 6 of rule XVIII, further pro- U.S. Caribbean. Indeed, in the report ultimately transported to the U.S. ceedings on the amendment offered by accompanying the bill before us, the mainland. the gentlewoman from Tennessee will committee states: I want to thank the chairman and be postponed. The public safety and security issues of the the ranking member for including lan- AMENDMENT NO. 16 OFFERED BY MR. PIERLUISI U.S. territories in the Caribbean must be a guage in the committee report on this Mr. PIERLUISI. I have an amend- priority. The committee expects that the subject, and I look forward to con- ment at the desk that was printed in Secretary will allocate the resources, assets tinuing to work with them to ensure the CONGRESSIONAL RECORD as Amend- and personnel to these jurisdictions in a that the Department of Homeland Se- ment No. 16. manner and to a degree consistent with that curity, including CBP, has the re- The Acting CHAIR. The Clerk will principle. sources it needs to adequately address designate the amendment. I want to thank the chairman and the drug-related violence crisis in The text of the amendment is as fol- the ranking member for including this lows: Puerto Rico. important language. I reserve the balance of my time. At the end of the bill (before the short U.S. Customs and Border Protection title), insert the following: Mr. ADERHOLT. Mr. Chairman, we is on the front lines of the counter- withdraw our point of order, and we ac- SEC. ll. None of the funds made available drug fight. The agency has hundreds of by this Act may be used to implement, ad- cept the amendment. minister, or enforce section 1301(a) of title personnel stationed in Puerto Rico. Mr. PIERLUISI. I thank the major- 31, United States Code (31 U.S.C. 1301(a)), These men and women work for the ity, and I yield back the balance of my with respect to the use of amounts made various offices under the agency’s um- time. available by this Act for ‘‘Customs and Bor- brella. The Acting CHAIR. The question is der Protection—Salaries and Expenses’’ for My amendment is designed to address on the amendment offered by the gen- the expenses authorized to be paid in section a problem that has recently arisen, one 9 of the Jones Act (48 U.S.C. 795) and for the tleman from Puerto Rico (Mr. that compromises the ability of CBP to PIERLUISI). collection of duties and taxes authorized to carry out its vital counter-drug mis- be levied, collected, and paid in Puerto Rico, The amendment was agreed to. sion in Puerto Rico. For over a cen- as authorized in section 4 of the Foraker Act AMENDMENT OFFERED BY MR. SULLIVAN tury, Federal law has provided that the (48 U.S.C. 740), in addition to the more spe- Mr. SULLIVAN. Mr. Chairman, I collection of certain duties and taxes cific amounts available for such purposes in have an amendment at the desk. the Puerto Rico Trust Fund pursuant to such in Puerto Rico by CBP or its prede- The Acting CHAIR. The Clerk will re- provisions of law. cessor agencies will be deposited in port the amendment. The Acting CHAIR. Pursuant to the something called the Puerto Rico trust The Clerk read as follows: order of the House of today, the gen- fund. tleman from Puerto Rico (Mr. Pursuant to the law and an imple- At the end of the bill (before the short title), insert the following: PIERLUISI) and a Member opposed each menting agreement between the Puerto SEC. lll. None of the funds made avail- will control 5 minutes. Rico government and the Federal Gov- able by this Act may be used to terminate an Mr. ADERHOLT. Mr. Chairman, I re- ernment, a significant portion of that agreement governing a delegation of author- serve a point of order on the gentle- money is also used to fund certain Fed- ity under section 287(g) of the Immigration man’s amendment. eral operations, including the mari- and Nationality Act (8 U.S.C. 1357(g)) that is

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.110 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3633 in existence on the date of the enactment of 287(g) program helps to stop. These sto- poses, under Secure Communities, it this Act. ries are from Tulsa, but every locality costs ICE $649 to apprehend one alien, The Acting CHAIR. Pursuant to the that participates in this program has and $1,321 to remove the alien. That’s order of the House of today, the gen- similar and equally laudable results. 10 times less than the 287(g) task force tleman from Oklahoma (Mr. SULLIVAN) While full funding has been restored model. and a Member opposed each will con- to 287(g) in H.R. 5855, the program Many communities across the coun- trol 5 minutes. needs further protection. In order to try are agreeing with the transitioning The Chair recognizes the gentleman further insulate these successful agree- away from the 287(g) program to Se- from Oklahoma. ments and protect them from being cure Communities. For example, the Mr. SULLIVAN. Mr. Chairman, it is terminated for cost-saving purposes or sheriff of Davidson County, Tennessee, no secret that the Obama administra- political reasons, my amendment sim- questioned whether the 287(g) program tion wants to phase out the 287(g) pro- ply prevents the termination of stand- was necessary given its low level of ap- gram. This program has successfully ing 287(g) agreements. We cannot allow prehensions and the fact that only 68 teamed up local law enforcement with the Obama administration any loop- communities participated across the Federal agents to pursue a wide range hole to phase out or terminate this im- country. With Secure Communities of investigations such as human smug- portant program and place more undue being fully implemented nationwide in gling, gang, and other organized crime pressure on our communities already over 3,000 communities by the spring of activity and money laundering. burdened by criminal illegal immigra- 2013, I, frankly, see little need to con- b 1900 tion. Simply put, until the Federal tinue the 287(g) program. Now, if this amendment is adopted, it’s going to The President thinks this program is Government steps up and starts doing force ICE to fund this cost-prohibitive ineffective. its job, local law enforcement will con- In order to phase out the 287(g), tinue to pick up the slack and enforce and questionable immigration enforce- President Obama’s FY2013 budget re- our laws. ment activity in order to keep on doing quest struck $17 million from the pro- I encourage the adoption of my com- what we know isn’t working and wast- gram by terminating agreements and monsense amendment by my col- ing Federal taxpayer funds. This is a time of fiscal restraint. This by stopping any further agreements leagues today, and I reserve the bal- is a time when we should be applying from being signed. Thankfully, the un- ance of my time. cost-benefit standards, effectiveness derlying bill restores funding to the Mr. PRICE of North Carolina. Mr. standards. So Members need to oppose 287(g). Chairman, I rise in opposition to the The 287(g) program provides State amendment. this amendment and allow the Assist- and local law enforcement with the The Acting CHAIR. The gentleman is ant Secretary to prioritize funding de- training to identify, process, and de- recognized for 5 minutes. cisions based on the most pressing im- tain possible immigration offenders. Mr. PRICE of North Carolina. Mr. migration needs of this country and on This program extends the Federal Gov- Chairman, this amendment would pro- reasonable standards of cost-effective- ernment’s ability to enforce our immi- hibit any funds from being used to ter- ness. With that, I yield back the balance of gration laws without the additional minate 287(g) agreements. The 287(g) program, as many people my time. overhead. Mr. DICKS. I move to strike the req- This program has been highly suc- know, is a well-intentioned effort to allow State and local law enforcement uisite number of words. cessful at not only apprehending immi- The Acting CHAIR. The gentleman entities to enter into a partnership gration offenders but in facilitating the from Washington is recognized for 5 with Immigration and Customs En- incarceration of dangerous criminals, minutes. and it has contributed to overall public forcement. It is well intentioned, but it Mr. DICKS. I yield to the distin- safety. Nationwide, more than 1,500 of- has turned out seriously flawed in the guished gentlelady from California practice. Nine years after the 287(g) ficers have been trained and certified (Ms. LOFGREN). to enforce immigration laws, and there program was first initiated, there has Ms. ZOE LOFGREN of California. I are 68 active memoranda of agreements been a thorough documentation of would just like to note that there is a in 24 States. Altogether, since the pro- abuses and of the poor management of difference—and obviously the gen- gram’s inception, 287(g) has identified the program. There have been three au- tleman has a right to refine his amend- over 186,000 aliens for removal. dits by the DHS Inspector General that ment—between the original version of Mr. Chairman, let me tell you about have raised serious concerns about the the amendment that we saw, which had some local 287(g) success stories from program. a provision that allowed for the termi- my district. In February of this year, As a result, ICE has had to reform nation in certain cases. For example, the Tulsa County Sheriff’s Office was the 287(g) program to ensure consist- when the Inspector General determined able to bust a sex slave ring in Tulsa ency in immigration enforcement ac- that a term of the agreement was vio- and rescue the female victims from tions across the country. The agencies lated, the amendment before us no having up to 22 men forced on them per have also had to terminate some 287(g) longer has that provision. I think it’s day. This was possible because of the task forces, notably in Maricopa Coun- an important distinction. 287(g) partnership. ty, Arizona, after the Justice Depart- In addition to the very high costs of Because of this partnership, the ment clearly documented racial over $33,000 to find and remove an alien Tulsa County Sheriff’s Office con- profiling and other program abuses. under this program, there are com- ducted investigations into known large Two other counties were also termi- plicated agreements that are engaged shipments of amphetamine, opium and nated for cause. There are also ques- in between the localities and the Fed- powdered testosterone, resulting in tions about cost-effectiveness, in fact, eral Government. If they aren’t ad- successful prosecution and asset for- very serious questions about cost-effec- hered to, there needs to be an enforce- feiture. Because of 287(g), the Tulsa tiveness. Under the 287(g) task force ment action, and that would not be the County Sheriff’s Office assisted with an model, it costs $13,322 to apprehend one case under this amendment. arrest of nine illegal immigrants, one alien and $19,941 to remove that alien. I would note also that, if localities no of whom was a child, being smuggled Because of these costs, as well as longer think it’s worth it—because, inhumanely in the bed of a Chevy Ava- other concerns I’ve already mentioned, really, they’re entering into agree- lanche. Since the inception of the pro- Assistant Secretary Morton began no- ments that cost them, too—it’s time gram in Tulsa, the Tulsa County Sher- tifying communities this spring that that might be better spent doing some- iff’s Office has identified, processed, ICE would no longer be considering any thing else. If they say that this is not and entered into immigration pro- 287(g) task force model request from working out—we want to terminate ceedings on over 14,000 aliens, rep- State and local jurisdictions. It, in- it—I don’t think, under this amend- resenting those with dangerous crimi- stead, will devote resources to the ex- ment, they would be able to do it be- nal backgrounds. pansion of other ICE programs and to cause the Federal Government would Sex trafficking, drugs, and human the continued deployment of Secure need to respond to their requests and smuggling are all part of what the Communities. For comparison pur- terminate.

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.042 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3634 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Finally, as Mr. PRICE has indicated, to contemplate that if we have a Se- Mr. ADERHOLT. Mr. Chairman, I this is a program that, although I cure Communities program that is move to strike the last word. think had good intentions, didn’t work dealing with this same issue and doing The Acting CHAIR. The gentleman out the way people thought. That it at 10 times less for the taxpayers and from Alabama is recognized for 5 min- sometimes happens in law, and it often this 287(g) program has had the inspec- utes. happens in immigration law. It’s ex- tor general all over it, why wouldn’t we Mr. ADERHOLT. I yield to the gen- pensive. It’s in fewer than 100 localities get rid of it if it is that expensive to do tleman from Iowa (Mr. LOEBSACK). in the United States, and many of and use Secure Communities? This is Mr. LOEBSACK. I thank the chair- them are rethinking it. The terms and just a commonsense thought here. man for yielding. conditions have frequently not been ad- With that, I yield back the balance of Mr. Chairman, my home State is still hered to. In some notorious cases, my time. recovering from billions of dollars in there have been flagrant violations of Mr. SULLIVAN. This program actu- damage after the floods of 2008, which civil rights, and the Department has ally cuts costs. It’s a program that is were the worst disaster in our State’s had to go in and yank contracts. Even very efficient. It’s one that has to be history and one of the worst disasters in the cases where there haven’t been implemented at the local levels be- in our Nation’s history. really outrageous civil rights viola- cause the Federal Government has Unfortunately, today we have com- tions, there have been problems. failed to do its job. munities that have been awarded funds I think there are likely better and The Federal Government doesn’t do through the FEMA Public Assistance more cost-effective ways to enforce the anything in immigration policy at all program that are afraid that over a immigration laws, which is why the in this country, and it has been thrust year after the funds were awarded to Department has notified us that it is upon local communities like my local replace buildings, and local funds have sheriff’s office. My local sheriff, Stan- its intention to begin notifying com- been spent, FEMA may be required to ley Glanz, has instituted this 287(g) munities just this spring that it’s not take back that funding at no fault of program in our community, and it’s going to be considering any further re- the community. That’s what those kept us safe and secure. We’ve taken it quests from State and local jurisdic- folks are afraid of. into our own hands to get people off tions. We shouldn’t leave our local commu- our streets that are criminal illegal That current policy would be per- nities holding the bag on a failed immigrants. It costs money to do that, mitted under this amendment, and project, destroyed and decaying build- but I think it’s done in a very efficient they don’t have to accept any more, so ings, and a loss of local taxpayer funds. way that cuts costs. It’s done in a very we would be stuck with the 68 that we I don’t believe that FEMA should efficient manner. These people are have—no more, no less. I don’t think come into one of our communities and wreaking havoc on our communities, that’s a sensible way to proceed on the take back disaster recovery funding and there is a lot of cost involved in enforcement of the immigration law; over a year after it’s already been that that’s not being talked about to and I think the amendment, although awarded and after our communities the tune of millions and millions of I’m sure well-intentioned, would not have already spent a large amount of dollars across this country. enhance the enforcement of law. their taxpayers’ money with the under- I think for us, we would be abdi- standing that the project was moving b 1910 cating our responsibility. Congressman forward. Mr. DICKS. Mr. Chairman, I reclaim DICKS, we would be abdicating our re- Communities recovering from disas- my time. sponsibility if we do not fund this ters right now, as I know the chair- ICE itself has raised concerns about 287(g) program. This is something we man’s has, are also struggling in the the cost effectiveness of the 287(g) pro- should embrace on both sides of the worst recession since the Great Depres- gram. With all due respect, this sounds aisle. It’s so important. Because of our sion. The last thing they need is to like a program that both sides think location to other countries, we have have even more uncertainty thrown at isn’t working that well. We ought to people coming through our country them by losing disaster recovery as- get rid of it. We could put this up on every day smuggling people and drugs sistance. your wall as one of the things you’ve all the time. We have identity theft in Disaster recovery must be a collabo- killed. our community, and it needs to be ad- ration. Our local communities should For example, under the 287(g) task dressed. This is the only way we can do not have the rug pulled out from under force model, it costs $13,322 to appre- it until we have comprehensive immi- them, after years of struggling to re- hend one alien and $19,941 to remove gration policy in this country. cover, because the Federal Government them. If you compare that, as the dis- I yield back the balance of my time. committed support for rebuilding a Mr. ADERHOLT. Mr. Chairman, I tinguished ranking member did, with community and then later took back the Secure Communities program, it move to strike the last word. The Acting CHAIR. The gentleman that support. We need to maintain a costs ICE $649 to apprehend one alien from Alabama is recognized for 5 min- partnership with States and commu- and $1,321 to remove them. That is utes. nities, which means confidence that more than 10 times less than the 287(g) Mr. ADERHOLT. I would like to add the Federal Government’s promise of task force model. that we strongly support 287(g). As a recovery funding means something. I would be glad to yield to my distin- matter of fact, we have increased 287(g) Mr. Chairman, I just hope that we guished friend from Oklahoma to an- by 25 percent in this bill. We reject the can work together with FEMA to en- swer why you would want to keep the administration’s cuts to 287(g), and we sure that taxpayer dollars are pro- more expensive program if the Secure agree with the amendment from the tected, that we can work together at Communities program is working. gentleman from Oklahoma. all levels to rebuild communities and Mr. SULLIVAN. I believe the 287(g) With that, I yield back the balance of economies destroyed by disasters all program has been a huge success, and I my time. over this great Nation, and that a local disagree with my colleagues on the The Acting CHAIR. The question is community’s recovery can continue to other side that it’s not. on the amendment offered by the gen- move forward while we address any What we’re trying to do is get rid of tleman from Oklahoma (Mr. SULLIVAN). issues outside the community’s ongo- criminal illegal immigrants in our The question was taken; and the Act- ing recovery process. country that are raping people, in- ing Chair announced that the ayes ap- Mr. ADERHOLT. I want to thank the volved in drug trafficking, that are peared to have it. gentleman for raising these issues and murdering people, that are dangerous Mr. PRICE of North Carolina. Mr. bringing it to our attention. criminals. I think the program is a Chairman, I demand a recorded vote. Just this past year, the district I rep- huge success, and I can just tell you The Acting CHAIR. Pursuant to resent was devastated by tornados. So stories in my area about sex slaves and clause 6 of rule XVIII, further pro- the people of the district that I rep- human trafficking. ceedings on the amendment offered by resent know firsthand what it is to Mr. DICKS. Reclaiming my time, the gentleman from Oklahoma will be work with FEMA and the recovery again, I would just ask the gentleman postponed. from a horrific disaster.

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.116 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3635 I understand my colleague’s concerns way restrict any government entity or Ms. ZOE LOFGREN of California. I and agree that we need to be cognizant official from sending to or receiving thank the gentleman for yielding. of the burden on local communities if from Immigration and Customs En- I would, in joining my opposition to they’ve been awarded recovery funds forcement information regarding the the amendment, note that the amend- and then have those funds taken back citizenship or immigration status of ment before us actually does not pre- through no fault of their own. any individual. vent highway funds and other funds My colleague certainly raises some Every day in cities across America, from going to so-called sanctuary cit- commonsense points and issues that we elected officials break that law and ies at all. should look at to address and to make millions of illegal aliens benefit from Further, I would note, as Mr. PRICE sure that communities across the coun- the lack of enforcement. They benefit has done, that these so-called sanc- try aren’t expending local funds for no by taking jobs from American citizens tuary laws really very rarely, if at all, reason, so that taxpayer dollars are and legal immigrants. They benefit by from the record, have to do with com- protected at both the local and at the using taxpayer-funded benefits. municating between the locality and Federal level, so there is a better and Some of our communities not only the Federal Government. They have to more cooperative partnership between ignore the law, but many communities do with what the locality is doing and across our Nation willfully violate Fed- the Federal Government and these re- their own citizens. eral law by encouraging illegal aliens covering communities. In many urban parts of the country, to live in their cities, saying that they It is important that the State and police chiefs have made a decision that will be safe from Federal Government’s the Federal partnership on disaster re- they need to trust their communities reach. to be witnesses to crime, to come for- covery is maintained in a collaborative Mind you, the Federal Government is ward, to cooperate with the police, and and productive fashion, and I agree not asking these cities to do anything that they do not want to play the role with my colleague from Iowa and hope extraordinary. The government is not of immigration police. They want to be that the issues like this don’t disrupt asking cities to implement a radical the real police. That is a decision that the partnership that lead to commu- new law. The Federal Government is localities can make, provided that they nities doubting the sincerity or the merely asking these cities to obey the do not run afoul of the 1996 act that ability of their government to come to law, a law that has been on the books prohibits the restrictions on sending their aid in such a time as needed. for 16 years. This is what the American and receiving information. I know that everyone wants favor- people want. Here’s the deal: you can say we’re not able outcomes and for our communities According to a recent poll, an over- going to disrupt this community be- to recover as quickly as possible and whelming majority of Americans want cause of our need to get the trust of agree that communities shouldn’t the Department of Justice to uphold the community, but you can’t prohibit shoulder the burden of an agency’s mis- the law and take legal action against the communication with the Federal take. cities that break existing Federal im- Government. As recovery continues in the district migration law. But, once again, in the I think that this amendment will not of my colleague from Iowa, I pledge to area of illegal immigration control, the achieve anything. The law is already work with him and FEMA to address Federal Government fails to act. clear. It passed in 1996. these issues and look forward to recov- Instead, we send billions of tax dol- I would further note that there is a ery in a timely manner. lars to these communities. That’s why case, it had to do with gun control. It’s my colleagues and I rise to offer this Mr. Chairman, I yield back the bal- called the Prince case, and what it says amendment this evening. This amend- ance of my time. is that the Federal Government cannot ment will prevent Federal funds from commandeer local and State govern- b 1920 being given to cities and towns that do ments to enforce the Federal law. not follow Federal immigration law. AMENDMENT OFFERED BY MR. BARLETTA If that’s really what the intent is This amendment will uphold existing Mr. BARLETTA. Mr. Chairman, I here, it would violate the Supreme Federal law. It will discourage the cre- have an amendment at the desk. Court decision saying that you can’t ation of a confusing national patch- The Acting CHAIR. The Clerk will re- use the power of the Federal Govern- work where some cities uphold the law port the amendment. ment to force cities to enforce gun con- The Clerk read as follows: and other cities willfully ignore it. This amendment makes sense. It will trol laws. I would say you couldn’t do At the end of the bill (before the short keep us safe, and it cuts down on that to force cities to enforce immigra- title) insert the following: tion laws either. That would be the SEC. lll. None of the funds made avail- waste, fraud and abuse. I strongly en- courage my colleagues to vote ‘‘yes’’ Prince case. able by this Act may be used in contraven- This amendment doesn’t matter, tion of section 642(a) of the Illegal Immigra- on this amendment. tion Reform and Immigrant Responsibility With that, I yield back the balance of really, whether the amendment is ap- Act of 1996 (8 U.S.C. 1373(a)). my time. proved or not because, as I indicated and Mr. PRICE has indicated, this has The Acting CHAIR. Pursuant to the Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to the been part of our law since 1996. order of the House of today, the gen- Mr. PRICE of North Carolina. I yield tleman from Pennsylvania (Mr. amendment. The Acting CHAIR. The gentleman is back the balance of my time. BARLETTA) and a Member opposed each recognized for 5 minutes. Mr. ADERHOLT. I move to strike the will control 5 minutes. Mr. PRICE of North Carolina. Mr. last word. The Chair recognizes the gentleman Chairman, this amendment is merely a The Acting CHAIR. The gentleman from Pennsylvania. restatement of existing law. It doesn’t from Alabama is recognized for 5 min- Mr. BARLETTA. Mr. Speaker, every need to be in this bill. Moreover, utes. day we’re in session, we create new there’s no evidence that any State or Mr. ADERHOLT. I would simply like laws. Some affect spending, some pro- local government has violated Federal to rise in support of the gentleman tect our citizens and country, some law in this area. from Pennsylvania’s amendment and honor those who have fallen. All are In 2007, in fact, Homeland Security say that we agree with his amendment important, all carry the same weight, Secretary Michael Chertoff, a Repub- that he has brought forth tonight. and all are Federal laws. But there are lican, as we all know, testified that he I yield to the gentleman from Texas some elected officials in the United wasn’t aware of any city that inter- (Mr. CULBERSON). States who believe that they can pick feres with the Department’s ability to Mr. CULBERSON. Thank you, Mr. and choose the laws they follow. enforce the law. It’s a largely fab- Chairman. This amendment is common In 1996, Congress passed and the ricated problem, I believe, and the sense. The city of San Francisco, for President signed the bipartisan Illegal amendment itself would simply restate example, officially declared itself an il- Immigration Reform and Immigrant existing law. legal alien sanctuary city by the Board Responsibility Act. This law says very I yield to Ms. LOFGREN, the ranking of Supervisors in 1989, and now law- clearly that no local government enti- member of our Immigration Policy and makers are taking that a huge step fur- ty or official may prohibit or in any Enforcement Committee. ther by actually creating legislation to

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.119 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3636 CONGRESSIONAL RECORD — HOUSE June 7, 2012 grant illegal aliens official city identi- nity. And when I came here and I tually has the courage to address fixing fication cards. talked to many experts, when I left our broken immigration system, we The head of the Public Information here what I got was a nice coffee mug, should not consider measures that con- Office of the National Association of a lapel pin, a pat on the back, and a tinue to symbolically or really con- Chiefs of Police reports that in Cali- Good luck, Mayor. tinue to handcuff our State and local fornia, illegal aliens in San Francisco I finally decided after a 29-year-old officials in dealing with the problems are being assured through costly Span- city man was shot between the eyes by associated with illegal immigration. ish language advertising campaigns an illegal alien who had been arrested Mr. DICKS. I yield back the balance that they will never be reported to eight times before he came to my city, of my time. Federal law enforcement agents such I said enough was enough. I had to pro- The Acting CHAIR. The question is as ICE, Immigrations and Customs En- tect the people in my community. And on the amendment offered by the gen- forcement, or Homeland Security in- what happened was I was sued, and I tleman from Pennsylvania (Mr. vestigation, or the U.S. Border Patrol, was told that, We will bankrupt your BARLETTA). or any other Federal agency that could city if you continue to fight. The amendment was agreed to. initiate the deportation process. That’s But yet we have mayors across the Mr. ADERHOLT. I move to strike the a direct violation of the Federal law country who are going to pick and last word. that the gentleman from Pennsylvania choose what laws they want to defend. The Acting CHAIR. The gentleman just read. We’re not asking for some crazy new from Alabama is recognized for 5 min- I’m proud to coauthor this amend- law. We’re asking mayors to defend the utes. ment with my friend from Pennsyl- laws that they took an oath of office Mr. ADERHOLT. At this time I vania because he’s exactly right. This that they would defend. And that’s would like to yield to the gentleman amendment will save lives. what this bill would do. We should not from Rhode Island to talk about an im- If a local law enforcement agency re- reward those who are openly defying portant cyber workforce issue. fuses to follow Federal law, they Federal laws that this Congress had Mr. LANGEVIN. Mr. Chairman, I should not expect to be rewarded with passed. thank the gentleman for yielding. Federal grant money, and that’s what Mr. ADERHOLT. Reclaiming my I’d first like to thank Chairman this amendment would do—cut off Fed- time, I would just like to say I support ADERHOLT for his hard work. His efforts eral grant money to sanctuary cities the gentleman from Pennsylvania’s to support and strengthen cybersecu- across America. I suspect you’ll see amendment. rity activities within the Department them repeal their sanctuary city policy I yield back the balance of my time. of Homeland Security have been com- very rapidly when they discover they Mr. DICKS. Mr. Chairman, I move to mendable, and I want to thank him and don’t have access to Federal money. strike the requisite number of words. his staff, as well as Mr. PRICE and his Most recently, in the city of San The Acting CHAIR. The gentleman staff, for crafting this important piece Francisco, a renowned gang member, a from Washington is recognized for 5 of legislation. member of the MS–13 gang, was just minutes. There can be no doubt of the impor- convicted for three first-degree mur- Mr. DICKS. I yield to the distin- tance of ensuring DHS has the re- ders in 2008. A father and two sons were guished gentleman from Colorado. sources it needs to execute its role in murdered by this illegal alien who had Mr. POLIS. I thank the gentleman protecting against cyberthreats, and multiple run-ins with law enforcement from Washington. key to this is attracting and retaining authorities in San Francisco. But be- I rise in opposition to this amend- a robust and skilled cyber workforce. cause of the sanctuary city policy in ment. DHS has been delegated numerous San Francisco, he was not deported. I think this amendment is an oppor- critical responsibilities in securing tunity for us to examine why this issue Federal networks through Federal b 1930 is being discussed. The fact that there statute and OMB memorandum. These I urge the Members of the House to is such a large illegal population in our include operating the United States support the gentleman’s amendment. cities, in our counties, in our States, is Computer Emergency Readiness Team, This amendment will save lives. not their fault. It’s not a mayor’s fault. or US–CERT, and overseeing the Trust- Mr. ADERHOLT. Reclaiming my It’s not a county commissioner’s fault. ed Internet Connection initiative. DHS time, I yield to the gentleman from Ar- It’s not a Governor’s fault. It is our also has prime responsibility within izona. fault. It is Congress’s fault. It is the the executive branch for the oper- Mr. SCHWEIKERT. I thank the gen- failure of our Federal policies’ fault. ational aspects of Federal agency cy- tleman for yielding. Many of our communities have large bersecurity with respect to the infor- This is one of the moments where illegal populations, including many of mation systems that fall under the you get to stand up behind the micro- the communities I represent. And they Federal Information Security Manage- phone, and being from Arizona, em- try to get by. They try to engage in ment Act. brace the irony. community policing to keep their com- While I applaud the chairman for de- Think of this. This Federal Govern- munity safe and earn the trust of their livering on the need to strengthen ment sues my State for actually en- immigrant populations. They try to en- America’s homeland security efforts in forcing the Federal immigration law. sure that their immigrant populations the face of reduced Federal spending, I But yet in this particular case, in this are well cared for. They’re doing as would ask him if he gave consideration amendment, as my friend here was just best they can. But until we fix that to the hiring, development, and reten- pointing out, we hand money to com- policy here and replace our broken im- tion of our top-tier cybersecurity tal- munities that are walking away from migration laws with a system that ent charged with performing the afore- enforcing the very law. Does anyone works for this country and works for mentioned critical duties. An organiza- see the irony of: You sue us for doing the private sector and is in touch with tion such as the Department of Home- it, but yet we reward municipalities for reality, it’s counterproductive to pre- land Security absolutely must be able becoming a sanctuary city and not liv- vent experimentation at the State and to attract and keep these highly ing up to their obligations. local level. skilled and highly valued individuals in Mr. ADERHOLT. Reclaiming my If the State of Utah wants to experi- order to defend Federal networks and time, I yield to the gentleman from ment with work permits because of the inform better policy. Pennsylvania. lack of Federal action, let’s find a way Mr. ADERHOLT. I thank the gen- Mr. BARLETTA. Thank you. to let them do it. If our cities and tleman for his continued leadership on Again, to sum this up, I was a mayor towns find a way to get by a little bit cybersecurity matters and welcome the of a small town in Pennsylvania, and better with the burden that we in this opportunity to engage him in this col- when the problem of illegal immigra- body have placed on them by refusing loquy. Ensuring that the Department tion hit my city, I came here to ask for to take up immigration reform, then of Homeland Security has the re- help because our small budget couldn’t let them do it. Let them try to get by sources needed to execute cybersecu- help defend the people in my commu- a little better. And until this body ac- rity responsibilities entrusted to it is

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.122 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3637 extremely important to both the short- SEC. ll. None of the funds made available The Acting CHAIR. Pursuant to the term and the long-term success of its under this Act may be used in contravention order of the House of today, the gen- critical cybersecurity roles. of immigration laws (as defined in session tleman from New York (Mr. TURNER) I assure the gentleman that we will 101(a)(17) of the Immigration and Nationality and a Member opposed each will con- Act (8 U.S.C. 1101(a)(17))). continue to examine how to best pro- trol 5 minutes. ceed to make sure the Department has The Acting CHAIR. Pursuant to the The Chair recognizes the gentleman adequately and effectively resourced to order of the House of today, the gen- from New York. deter and defend against cybersecurity tleman from Alabama (Mr. ADERHOLT) Mr. TURNER of New York. Mr. threats. and a Member opposed each will con- Chairman, my amendment today seeks Mr. LANGEVIN. Will the gentleman trol 5 minutes. to limit funding for the surface trans- yield? The Chair recognizes the gentleman portation inspection program. Mr. ADERHOLT. I yield to the gen- from Alabama. Mr. Chairman, at a hearing held by tleman. Mr. ADERHOLT. Mr. Chairman, this the Transportation Security Sub- Mr. LANGEVIN. I thank the gen- amendment combines three separate committee of Homeland Security, of tleman. In that spirit, I would like to amendments which were outlined in which I am a member, industry wit- encourage the gentleman to work to- our unanimous consent agreement ear- nesses raised serious concerns about lier. The first, from Mr. ENGEL, has a gether with Mr. PRICE on efforts to de- the efficacy of the surface transpor- termine and address potential DHS limitation on funds for the lease or tation inspection program. Here are cyber workforce challenges. Specifi- purchase of new light-duty vehicles some of the concerns raised at the cally, I believe it would be a great that are not in accordance with the hearing: value to have DHS study a report on its President’s fleet efficiency standards. Most surface inspectors have no sur- efforts, challenges, and recommenda- b 1940 face transportation experience or sur- tions to address cyber workforce re- The second amendment is from Mr. face security background whatsoever. Many surface inspectors were promoted quirements at the agency. HOLT. It is a limitation on funds for the Given their critically important roles use of armored, unmanned aerial sys- from screening passengers at airports; These inspectors report to the Fed- with regard to Federal cybersecurity, I tems. And the third is from Mr. PRICE believe we absolutely must make sure of Georgia. It’s a limitation on funds eral security directors at local airports that DHS can attract and, equally as being used in contravention of the Na- who commonly also do not possess any important, retain the best and the tion’s immigration laws. surface transportation experience. brightest to defend our networks. I would urge my colleagues to sup- At least one local TSA official indi- Mr. ADERHOLT. I appreciate the port the adoption of this en bloc cated he is always looking for things gentleman’s views and I look forward amendment. for his inspectors to do to occupy their to working closely with him in exam- I yield back the balance of my time. time; ining these issues as we move forward. Mr. DICKS. Mr. Chairman, I move to Most surface inspectors have two I’ll make every effort to address the strike the last word. things to look for in a typical day: workforce concern as we move toward The Acting CHAIR. The gentleman whether a transit system is reporting conference on this bill. from Washington is recognized for 5 incidents to the TSA and a box is Mr. LANGEVIN. I thank the chair- minutes. checked on their clipboard, and wheth- man. I certainly look forward to work- Mr. DICKS. If I can ask the chairman er there is a security person on duty, ing with my good friend to ensure that a question on this, it says none of the another box to be checked on a clip- our Federal Government is properly ad- funds made available by this act may board; dressing these critically important cy- be used for the purchase, operation, or The work of these inspectors is re- bersecurity and cyberworkforce chal- maintenance of armed unmanned aer- dundant, performed by employees of lenges. It’s a very important issue, and ial vehicles; is this from Homeland Se- other agencies, such as the Department I thank the chairman for all of his hard curity? Is this prohibition on Home- of Transportation, OSHA or EPA, and work and also thank Ranking Member land Security? on and on. What they do is ultimately PRICE for his outstanding work on this Mr. ADERHOLT. That is correct. slow down commerce on our Nation’s important bill. Mr. DICKS. Has there ever been any rails and highways. Mr. ADERHOLT. I yield back the bal- plan to buy armed drones by Homeland Since 2008, TSA has more than dou- ance of my time. Security? bled the size of the transportation in- spection workforce and quadrupled the EN BLOC AMENDMENT OFFERED BY MR. Mr. ADERHOLT. No. ADERHOLT Mr. DICKS. I yield back the balance program’s budget. Yet, according to Mr. ADERHOLT. Mr. Chairman, I of my time. the majority of stakeholders we heard have an amendment en bloc at the The Acting CHAIR. The question is from, there has been almost no tan- desk, and I would ask unanimous con- on the en bloc amendment offered by gible improvement in security as a re- sent that the amendment be considered the gentleman from Alabama (Mr. sult of these investments. Last year, TSA’s entire surface as read. ADERHOLT). transportation security budget was $126 The Acting CHAIR. Is there objection The en bloc amendment was agreed million. Of this amount, surface inspec- to the request of the gentleman from to. tors cost taxpayers $54 million, which Alabama? AMENDMENT OFFERED BY MR. TURNER OF NEW does not even include headquarters, ad- There was no objection. YORK ministration, oversight, and staff asso- The Acting CHAIR. The Clerk will Mr. TURNER of New York. Mr. ciated with the program. This means designate the amendment. Chairman, I have an amendment at the desk. that the surface transportation inspec- The text of the amendment is as follows: tion program, which has been labeled At the end of the bill (before the short The Acting CHAIR. The Clerk will re- title), insert the following: port the amendment. as ineffective by a number of freight, SEC. ll. None of the funds made available The Clerk read as follows: rail, passenger service, bus, and mass by this Act may be used by the Department At the end of the bill (before the short transit agencies, is consuming more of Homeland Security any other Federal title), insert the following: than 40 percent of the entire surface agency to lease or purchase new light duty SEC. ll. (a) Except as provided in sub- transportation security budget. vehicles, for any executive fleet, or for an section (b), of the amounts made available Millions of Americans rely on surface agency’s fleet inventory, except in accord- by this Act, not more than $20,000,000 may be transportation every day. More than 8 ance with Presidential Memorandum-Federal made available for surface transportation se- million people use public transpor- Fleet Performance, dated May 24, 2011. curity inspectors. tation in New York City alone. Despite (b) The limitation described in sub- SEC. ll. None of the funds made available section (a) shall not apply to the National this need, less than 2 percent of the by this Act may be used for the purchase, op- Explosives Detection Canine Training Pro- TSA’s nearly $8 billion budget goes to- eration, or maintenance of armed unmanned gram and Visible Intermodal Prevention and ward securing our Nation’s surface aerial vehicles. Response Teams. transportation systems, and a large

VerDate Mar 15 2010 06:25 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.131 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3638 CONGRESSIONAL RECORD — HOUSE June 7, 2012 portion of that limited budget is being I yield back the balance of my time. The Chair recognizes the gentleman squandered on this ineffective inspec- Mr. ADERHOLT. Mr. Chairman, I from Colorado. tion program. move to strike the last word. Mr. POLIS. Mr. Chairman, our Na- Surface transportation security is The Acting CHAIR. The gentleman tion continues to struggle under an in- too important to our national economy from Alabama is recognized for 5 min- creasing mountain of debt. My con- and receives too small a portion of utes. stituents sent me to Washington to do homeland security funding to waste a Mr. ADERHOLT. Mr. Chairman, I something about the budget deficit. single dollar. Opponents of this amend- rise to reluctantly oppose the gentle- That’s why I was one of the handful of ment may argue that it will result in man’s amendment. Members who voted for the Simpson- Federal inspectors being put out of I appreciate that he has brought this Bowles budget—the only budget, I work. It will not. We are transferring to our attention. I just found out about might add, of the five budgets consid- money to implement more productive the matter today. I would like to work ered by the House of Representatives security measures within TSA. The with the gentleman from New York. that had bipartisan support. Repub- question is simply: Why should tax- However, I do have concerns about the licans and Democrats have voted for it. payers, especially those who rely on broadness of this amendment. So, too, I joined my colleagues on the surface transportation every day, have The TSA surface transportation secu- other side of the aisle, in some, but not to fund a program that has no proven rity inspectors, or TSI, provide a num- all, of the across-the-board cuts and ability to enhance security? ber of security functions agreed on as a cuts that have been proposed to var- My amendment today seeks to limit result of consultation with the State, ious agencies in different appropria- the inspector program budget to $20 Federal, local, and private stake- tions bills. million, which would substantially re- holders. In addition, the inspectors pro- This amendment is simple. It’s a duce its size, and allow the saved vide the subject matter expertise for straight 2 percent cut across the board money to be put forward in other more FEMA to evaluate eligibility for sur- to this bill, exempting counterterror- effective surface programs, such as ca- face transportation security grants. nine detection units, particularly at The amendment that the gentleman ism accounts. We shouldn’t choose be- bus and rail stations. This amendment brings up tonight would result in lay- tween protecting our country and cut- strengthens security. It addresses con- ing off about 240 inspectors, which is ting wasteful government spending. cerns raised by the very transit sys- about 60 percent of the current work- This was designed to protect the most tems the program is designed to pro- force. This would be an excessive ac- politically sensitive and important ac- tect. tion to address what seems to be a need counts in this bill, namely, FEMA and Today, I ask you to join me in sup- to better focus on the operations of antiterrorism activities, which was, of porting this measure. surface inspectors. It would effectively course, the original purpose under I yield back the balance of my time. take TSA out of the surface security which President Bush composed the Mr. PRICE of North Carolina. Mr. realm at a time when we know terror- Department of Homeland Security, and Chairman, I rise in opposition to the ists and those interested in attacking it’s an area that we should not sac- amendment. our mass transit and other surface rifice. The Acting CHAIR. The gentleman is modes of transportation are focused on My amendment is really about safe- recognized for 5 minutes. just that, so I urge my colleagues to re- guarding the American people without Mr. PRICE of North Carolina. Mr. continuing to squander taxpayer dol- Chairman, I confess to some puzzle- ject the amendment. I yield back the balance of my time. lars. The best thing we can do to safe- ment as to the intent of this amend- guard the American people is balance ment. Despite the gentleman’s expla- b 1950 our budget. The longer we fail to take nation, what he’s doing here is, in ef- The Acting CHAIR. The question is action with regard to making the nec- fect, totally restructuring the surface on the amendment offered by the gen- essary cuts, the more we make our- transportation security program. He’s tleman from New York (Mr. TURNER). selves economically beholden to for- limiting to $20 million the funds avail- The question was taken; and the Act- eign countries such as China. During able for surface transportation security ing Chair announced that the noes ap- this time of budgetary constraints inspectors. That’s a potential decrease peared to have it. when our deficit is spiraling out of con- of $70 million from the carve-out in the Mr. TURNER of New York. Mr. trol, we need to take every opportunity bill. Chairman, I demand a recorded vote. to eliminate unnecessary government Now, he also, in the current draft of The Acting CHAIR. Pursuant to spending. this amendment, excludes from the clause 6 of rule XVIII, further pro- Now, cutting government spending is prohibition, excludes the national ex- ceedings on the amendment offered by never easy. It might mean jobs in dif- plosives canine training program and the gentleman from New York will be ferent agencies, it might mean mis- the VIPR teams, in essence shifting— postponed. he’s not reducing funding overall. He’s sions that we agree or disagree on. But AMENDMENT OFFERED BY MR. POLIS I think cutting $640 million from an shifting a huge amount of funding to Mr. POLIS. Mr. Chairman, I have an these two functions. I just don’t under- overall bill of $46 billion is a reasonable amendment at the desk. first step. stand the rationale for that, particu- The Acting CHAIR. The Clerk will re- larly when you consider the vital func- Now, in particular, the Department port the amendment. of Homeland Security has significant tions of the surface transportation se- The Clerk read as follows: curity inspectors, why would we want waste and abuse that can be targeted At the end of the bill (before the short for reduction. It’s had massive failures; to virtually phase them out? The mis- title), insert the following: sion of these individuals is to assess SEC. ll. (a) Each amount made available and in these economic times, we the risk of terrorist attacks for all by this Act (other than an amount required shouldn’t continue to reward failure of nonaviation transportation, to issue to be made available by a provision of law) is an agency. potential regulations, to enforce exist- hereby reduced by 2 percent. There are so many frivolous pro- ing rules and protect our transpor- (b) The reduction in subsection (a) shall grams in the Department it’s really not apply to amounts made available for— hard to know where to begin. Now, in tation systems. (1) ‘‘Analysis and Operations’’; This proposed limitation could (2) ‘‘United States Secret Service—Salaries the 2011 report, the independent GAO hinder rail inspections, baseline assess- and Expenses’’; suggested 11 actions that DHS or Con- ments, mass transit assessments, and (3) accounts in title III; and gress could take to reduce the cost of risk mitigation activities. As I read the (4) accounts of the Domestic Nuclear De- government operations; and yet of amendment, all these functions would tection Office. those 11 actions, only one has been be drastically compromised, and with The Acting CHAIR. Pursuant to the fully addressed. them, I think the security of the trav- order of the House of today, the gen- Take, for example, one example from eling public. So I’m baffled by the tleman from Colorado (Mr. POLIS) and the report that GAO found is that amendment, but I feel constrained to a Member opposed each will control 5 CBP’s Arizona Border Surveillance oppose it and urge its defeat. minutes. Technology Plan is not accomplishing

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.135 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3639 its goal to support Arizona border secu- Mr. ADERHOLT. Mr. Chairman, I research efforts will better protect our rity. The GAO made three rec- claim time in opposition. aviation and transit systems, and we ommendations last year to the pro- The Acting CHAIR. The gentleman need to continue cutting-edge research. from Alabama is recognized for 5 min- gram, and DHS has not taken them b 2000 into action. This year’s GAO report utes. suggests Congress should consider lim- Mr. ADERHOLT. Mr. Chairman, I We also need to protect our national iting future funding to the program rise in opposition because the amend- security so that we can prevent or until DHS can show that they have ad- ment would slash critical funding for thwart attempted attacks before they dressed the flaws and they’re able to our Nation’s homeland security. For occur. As we saw just last month, ter- work in conjunction with Arizona bor- the third fiscal year in a row, this bill rorists remain committed to attacking der security. that we have before us accomplishes a the United States, our citizens, and our We can’t continue to increase fund- dual goal that we have constantly allies. ing for a Department that fails to de- worked on—fiscal discipline and nec- Finally, with this amendment, front liver. If this Department succeeded, essary funding for the homeland secu- office and management activities Mr. Chair, why do we have 10 to 15 mil- rity needs of this country. would also be negatively affected. Al- lion people in this country illegally? Is The bill reduces the departmental ready, this bill slashes funding by 21 this Department making a dent in that management by $191 million, or 17 per- percent below the administration’s re- number? I think not. Will they make cent, below the request and $71 million quest. less or more of a dent with 2 percent below last year. It demands efficiency I know that’s an easy target, Mr. less funding? I think not. We can’t af- from all agencies, including an overall Chairman. There’s no constituency out ford to continue to throw money down reduction of the TSA of $147 million, or there for good management and for the toilet trying to build virtual or 3 percent. It cuts programs that are not necessary administrative expenses. But real fences at the border that can’t pre- performing and reduces bureaucratic believe me, cutting those front offices, vent crossing, hurting our own stalled overhead. cutting those administrative functions economy trying to police our way to The Department is an Agency of does affect front line operations at the restore the integrity of our laws. 230,000 employees with an absolutely end of the day. Look, this country needs to address critical Federal mission. So I would The Secretary and her staff have to our broken immigration system. There urge my colleagues to join me in oppos- run the day-to-day operations of the are 10 to 15 million people in this coun- ing this amendment. Department. They need adequate per- try illegally. The Department of Home- I yield back the balance of my time. sonnel, adequate staff support. The of- land Security has failed. They have Mr. PRICE of North Carolina. Mr. fices are already operating on fumes. failed. Are we going to reward failure Chairman, I move to strike the last This additional cut would do great by increasing their budget, or are we word. damage. going to penalize failure? Maybe if we The Acting CHAIR. The gentleman is So this is an amendment that I be- finally do a 2 percent cut, they’ll get recognized for 5 minutes. lieve, despite the offerer of the amend- the message that they can’t just keep Mr. PRICE of North Carolina. Mr. ments good intentions and his con- telling Congress they need more Chairman, our colleague from Colorado scientious critique of certain depart- money. Every agency tells Congress, is a persistent critic of the Department mental operations, I believe the we need more money, give us more of Homeland Security, and I think amendment is overly broad, would do money. That’s why this country is in often his criticisms have force—for ex- damage, and should be rejected. this mess. ample, his remarks a few moments ago Mr. DICKS. Will the gentleman Look, make no mistake, if my on the unneeded so-called ‘‘sanctuary yield? amendment passes, the bill would still cities’’ amendment. This amendment, Mr. PRICE of North Carolina. I yield appropriate tens of billions of dollars though, I believe is an overreach, is in- to the gentleman from Washington. to this Department, enough to con- discriminate, and I do feel constrained Mr. DICKS. I want to associate my- tinue all necessary activities and fully to oppose it. It would reduce funding self with the gentleman’s comments continue the funding enhancements to for every frontline agency within the and the chairman’s comments on this our antiterrorist programs. But it’s im- Department of Homeland Security by 2 amendment. We’re talking here about perative to the future of this country percent. homeland security, and we have been that we take real action to achieve fis- The bill already includes a 1 percent hit before. And we can’t have a meat- cal sustainability and spur economic reduction for the budget request, and it ax, across-the-board approach. We growth. We can take that first step reflects the third year in a row that would certainly oppose it if the other today—and I’ve joined my colleagues funding for the Department of Home- side was attempting to do it, and we on the other side of the aisle in support land Security has decreased. I think have to have the same kind of dis- of similar amendments in the past with this amendment would do damage to cipline on our side. regard to different appropriations our security. If this reduction were I suggest, in good faith, to the gen- bills—by reducing government spend- adopted, critical programs such as bor- tleman from Colorado, if you’ve got all ing in this bill. der security, immigration enforcement these reports and all these things I urge my colleagues on both sides of and transportation security would no about various programs that aren’t the aisle to vote for my amendment. Mr. DICKS. Will the gentleman longer be shielded from ill-advised cuts functioning, offer amendments on each yield? throughout the bill. of those programs, and then we can Mr. POLIS. Mr. Chairman, how much The reduction would require the De- vote on them and make a discerning time do I have remaining? partment to lay off crucial staff we’ve decision. But just going across the The Acting CHAIR. The gentleman hired over the past 3 years, including board, I think, is the easy way out, and has 15 seconds remaining. more Border Patrol Agents, CBP offi- I urge rejection of the gentleman’s Mr. POLIS. I yield the final 15 sec- cers at the ports of entry—and many of amendment. onds to the gentleman from Wash- those ports of entry are already backed Mr. PRICE of North Carolina. I ington. up—ICE investigators along the South- thank the ranking member for his com- Mr. DICKS. The only thing I would west border, and Coast Guardsman who ments. I agree with them. say to my friend is, if you know where work on environmental efforts such as I yield back the balance of my time. all these programs are, you ought to oil spills. The Acting CHAIR. The question is cut the programs and not do an across- This reduction would also mean the on the amendment offered by the gen- the-board cut. That is the easy way Department would need to abandon tleman from Colorado (Mr. POLIS). out. critical research and technology pro- The question was taken; and the Act- Mr. POLIS. Reclaiming my time, I curements, the science and technology ing Chair announced that the noes ap- thank the gentleman. I urge support of program that we’re painstakingly peared to have it. the amendment, and I yield back the building back from unacceptably low Mr. POLIS. Mr. Chairman, I demand balance of my time. levels in the current fiscal year. These a recorded vote.

VerDate Mar 15 2010 04:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.137 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3640 CONGRESSIONAL RECORD — HOUSE June 7, 2012 The Acting CHAIR. Pursuant to understand this. This makes no sense, qualified professionals to screen pas- clause 6 of rule XVIII, further pro- and it’s a perfect example of how the sengers. We need for the TSA Adminis- ceedings on the amendment offered by administration will shut out good pri- trator to have some flexibility to pro- the gentleman from Colorado will be vate contractors in order to ensure a tect the flying public. So if a private postponed. lasting place in the Federal Govern- company fails or doesn’t meet the AMENDMENT OFFERED BY MR. BROUN OF ment for the TSA. standards, then they shouldn’t be given GEORGIA Mr. Chairman, the SPP program will this contract, and we have to have the Mr. BROUN of Georgia. Mr. Chair- not only spur our economy by creating flexibility to make sure that they don’t man, I have an amendment at the desk. good jobs in the private sector, but it receive the contract. The Acting CHAIR. The Clerk will re- will also relieve some of the burden- So I associate myself with the posi- port the amendment. some costs that the TSA imposes on tion of the chairman, and urge rejec- The Clerk read as follows: our Federal budget. I urge my col- tion of the amendment. At the end of the bill (before the short leagues to support this commonsense I yield back the balance of my time. title) add the following: amendment so that we can take privat- b 2010 SEC. ll. None of the funds made available ization of the TSA one step further. The Acting CHAIR. The question is by this Act may be used to enforce section I yield back the balance of my time. 44920(F) of title 49, United States Code. Mr. ADERHOLT. Mr. Chairman, I on the amendment offered by the gen- The Acting CHAIR. Pursuant to the claim time in opposition. tleman from Georgia (Mr. BROUN). The amendment was rejected. order of the House of today, the gen- The Acting CHAIR. The gentleman tleman from Georgia (Mr. BROUN) and a from Alabama is recognized for 5 min- AMENDMENT OFFERED BY MR. BROUN OF GEORGIA Member opposed each will control 5 utes. Mr. BROUN of Georgia. Mr. Chair- minutes. Mr. ADERHOLT. Mr. Chairman, I man, I have an amendment at the desk. The Chair recognizes the gentleman rise reluctantly to to oppose the The Acting CHAIR. The Clerk will re- from Georgia. amendment of my good friend from Mr. BROUN of Georgia. Mr. Chair- port the amendment. Georgia. The Clerk read as follows: man, my amendment says that no I do support privatized screening; funds in the underlying bill may be At the end of the bill (before the short however, I’m concerned how the title), insert the following: used to restrict access to the Screening amendment that has been proposed by SEC. ll. None of the funds made available Partnership Program, SPP program, of the gentleman would be applied. The by this Act may be used for Behavior Detec- the Transportation Security Adminis- effect of the amendment would be to tion Officers or the SPOT program. tration, TSA. prohibit TSA from canceling a contract The Acting CHAIR. Pursuant to the SPP is a pilot program that the Fed- for cause, such as the case where a order of the House of today, the gen- eral Government is using to test pri- privatized screening airport fails to tleman from Georgia (Mr. BROUN) and a vatization at certain airports. Cur- comply with applicable laws and secu- Member opposed each will control 5 rently, there are 16 airports that par- rity requirements. minutes. ticipate in this program, and a 17th air- The amendment may be intended to The Chair recognizes the gentleman port has just recently been approved. restrain TSA from capriciously can- from Georgia. These airports have received over- celing contracts, but it would go too Mr. BROUN of Georgia. My amend- whelmingly positive reports and feed- far, and it would tie the TSA’s hands. ment eliminates all funding for the be- back from passengers as well as secu- So again, I reluctantly cannot sup- havior detection officers and for the rity personnel alike. port my colleague’s amendment, and I Screening of Passengers by Observa- In fact, last night I was talking with would urge my colleagues to vote ‘‘no.’’ tion Techniques program, better my good friend, Congressman CYNTHIA I yield back the balance of my time. known as the SPOT program. LUMMIS from Wyoming, and she was Mr. PRICE of North Carolina. Mr. The SPOT program trains TSA be- telling me about the success of the Chairman, I move to strike the last havior detection officers to monitor Jackson Hole Airport in Jackson, Wyo- word. regular airline passengers for stress, ming, which is part of the SPP pro- The Acting CHAIR. The gentleman is fear, or deceptive behavior. The offi- gram. Almost three-fourths of all trav- recognized for 5 minutes. cers then are supposed to put any pas- elers in the State of Wyoming fly in Mr. PRICE of North Carolina. Mr. sengers who exhibit terrorist-like be- and out of Jackson Hole, and Congress- Chairman, I want to associate myself haviors, such as stress, fear, and decep- woman LUMMIS said that the screening with the remarks of the chairman. tive behavior, through a more rigorous process there is top of the line. They’ve I confess to some confusion as to the screening process. not had any problems whatsoever. exact intent of the amendment. Like This seems to be reasonable, but ac- You see, airports can still be effec- some earlier amendments we were tually, Mr. Chairman, it is laughable. tive and do their due diligence without dealing with, it seems to have gone These agents go through very minimal the Federal Government directing, dic- through many drafts. I’m not sure if training, and they are hardly qualified tating how their security should be set the idea is to say you can’t terminate to delve into the psychology of a pos- up. an agreement or that somehow you sible terrorist. I understand that the language in the can’t restrict access to the program. This program was modeled after a underlying bill attempts to make ac- But, in any case, it seems to me the very effective one used in Israel, but cess to SPP easier. However, the pur- problem with this amendment is a their agents go through a very exten- pose of my amendment is to ensure tying of the Administrator’s hands sive program of preparation for this that we don’t ever use funds to restrict when some flexibility and some judg- line of work. Plus, they focus on a participation in the program, and ment is called for. handful of airports in Israel as opposed here’s an example of why. I certainly have no objections to the to the hundreds that we have to worry Kansas City Airport is another air- principle of the Screening Partnership about here in the United States. More- port that has been testing out privat- Program. If a private company can pro- over, almost any passenger having a ization. They’ve been part of SPP for a vide screening in accordance with TSA bad day could be deemed a terrorist few years and have received stellar cus- standards and a local airport authority under the list of emotions that the tomer reviews, with no reported prob- wants to contract with them, so be it. agents are supposed to take note of. lems. In fact, this bill increases funding for We’ve all stood in line and have seen Recently, though, the private con- the SPP by $15 million over current the awkward, invasive pat-downs that tractor handling the security reapplied year levels. many innocent passengers have to en- for the SPP program, but the adminis- But to say that under no cir- dure. Many of us have seen the crying tration denied their application. Even cumstances can the TSA exercise dis- children or elderly grandmas who suf- worse, the administration selected a cretion in granting these contracts or fer through these embarrassing proto- different bidder that has no experience continuing them, I think, really goes cols as we try to get through security. whatsoever in airport security. I don’t too far. We need standards. We need It has got to stop.

VerDate Mar 15 2010 05:20 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.140 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3641 I would also like to point out that rightly sized and that the Department The amendment was rejected. the SPOT program costs us a quarter validates the science behind it. It is AMENDMENT OFFERED BY MR. CRAVAACK of a billion dollars to operate annually, something that we have certainly fo- Mr. CRAVAACK. Mr. Chairman, I and it will require more than $1.2 bil- cused on this year and that we need to have an amendment at the desk. lion over the next 5 years. We don’t continue to focus on. Again, cutting The Acting CHAIR. The Clerk will re- have that kind of money to spend on a the entire program would be irrespon- port the amendment. program that just simply does not sible and would open up holes in our The Clerk read as follows: work. Believe me, it doesn’t work. Nation’s security posture, particularly At the end of the bill (before the short The Government Accountability Of- in light of the continued attempts to title), insert the following: fice has found that 17 known terrorists, attack our Nation’s transportation sys- SEC. llll. None of the funds made avail- all who are on the No Fly List, have tem. able by this Act may be used in contraven- been able to board airplanes over 24 dif- I would urge my colleagues to oppose tion of section 236(c) of the Immigration and ferent times from eight different the amendment, and I yield back the Nationality Act (8 U.S.C. 1226(c)). SPOT-certified airports. There are 17 balance of my time. The Acting CHAIR. Pursuant to the terrorists on the No Fly List who have Mr. PRICE of North Carolina. Mr. order of the House of today, the gen- boarded airplanes at least 24 times at Chairman, I move to strike the last tleman from Minnesota (Mr. eight different SPOT-certified airports. word. CRAVAACK) and a Member opposed each In fact, the GAO also found that not The Acting CHAIR. The gentleman is will control 5 minutes. one terrorist—not one—has been recognized for 5 minutes. The Chair recognizes the gentleman caught by the SPOT program. The pro- Mr. PRICE of North Carolina. I would from Minnesota. gram has not been scientifically vali- associate myself with the words of the dated anyway. chairman and also oppose this amend- b 2020 Mr. Chairman, that alone is enough ment. Mr. CRAVAACK. Mr. Chairman, I to convince me that the SPOT program The behavior detection program uti- rise to offer an amendment to the fis- is a waste of our time, a waste of our lizes specially trained individuals to cal year 2013 Homeland Security appro- money, and is flat out not working. So identify potentially high-risk pas- priations bill to prohibit Immigration let’s get rid of it and, instead, invest sengers. It’s not a new or a novel idea. and Customs Enforcement, ICE, from our resources in intelligence and in In fact, it has been a cornerstone of the using taxpayer dollars to process the technologies that help us catch terror- Israeli Government’s aviation security release or administer alternatives to ists before they ever step foot inside an for many years. Administrator Pistole, detention to illegal immigrants who airport in the first place. a man who has spent his entire profes- commit a crime in violation of section I urge my colleagues to support this sional career dedicated to protecting 236(c) of the Immigration and Nation- amendment, and I yield back the bal- this country, does believe in this pro- ality Act. ance of my time. gram. He is also attempting to refine it Importantly, this section requires Mr. ADERHOLT. Mr. Chairman, I and to utilize it to its fullest potential. the U.S. Government to detain illegal rise in opposition to the gentleman’s Our committee has resisted greatly aliens who have committed serious expanding the program. In fact, we amendment. crimes until the illegal alien is de- don’t fund the administration’s request The Acting CHAIR. The gentleman ported to their home country. For ex- for an additional 75 officers, and we do from Alabama is recognized for 5 min- ample, section 236(c) would require ICE reduce the funding by $7 million. The utes. to detain an alien that committed mur- Mr. ADERHOLT. I do appreciate the program is important. It is part of a der until the alien is deported. gentleman’s oversight concerns and his layered system of security, so it would, I think this is a very commonsense suggestions on how we can make this a I think, not be wise to eliminate the provision. In fact, my opinion is that better program. However, behavior de- program altogether. I think it would be criminal illegal aliens shouldn’t be in tection officers are actually a mean- unsafe, in fact, so I urge the rejection the United States in the first place, but ingful layer of our Nation’s risk-based of the amendment. that’s a debate for another day. approach to security. Mr. DICKS. Will the gentleman While there have been questions yield? Make no mistake, I believe that the about the overall size of the program Mr. PRICE of North Carolina. I yield vast majority of ICE employees are and the science behind it, this com- to the gentleman from Washington. great Americans, and I personally ap- mittee has continued to address any Mr. DICKS. In my own State of preciate the work they do to ensure the concerns through robust oversight. I Washington, we had Ahmed Ressam, Nation remains a nation founded under would welcome the opportunity to the millennium bomber. He came the rule of law. However, ICE does not work with the gentleman from Georgia across from Victoria on a ferryboat, always operate in accordance with sec- on how we might address these con- and as he was going through the search tion 236(c). For example, ICE has al- cerns, but this does not mean that we procedures, he showed anxiety. Because lowed criminal illegal aliens who are should completely destroy a program of that, he was sent over for a sec- waiting for a deportation hearing to that is designed to counter new and ondary screening. He got out of his car leave Federal detention facilities and evolving tactics being developed by and ran, and he was captured, actually, reenter the general public if the crimi- terrorists and our adversaries as we by former prosecutor Dan Clem from nal illegal alien is fitted with a GPS speak. Kitsap County, my home county. This tracking device or regularly checks in As recently as last month, after a is an example. This was a guy who was with an ICE supervisor. This is very foiled terrorist plot that originated in going to go to Los Angeles and blow up troubling to me, Mr. Chairman. Yemen, we learned that our enemies Los Angeles’ LAX Airport. Because of In August 2010, ICE policy for releas- are still actively plotting to hit our his behavior and the alertness of the ing dangerous criminal aliens proved aviation sector. These operatives are officers to know that this person was deadly. According to a Freedom of In- devising new methods for attacking showing signs of anxiety, we were able formation Act report, illegal alien Car- this Nation, and some of them are to thwart that. los Montano was sentenced to over a more difficult to detect using the tra- So I’m with the chairman and the year in jail for a second DUI and was ditional screening methods that we ranking member here. Let’s not do released from ICE custody wearing normally see in the airports. This is something precipitous. Let’s defeat, as only a GPS tracking device. This is in where the behavior detection officers we always do, the gentleman’s amend- direct violation of section 236(c) and is come into play. These officers serve as ment. a violation that had tragic con- additional layers, as I mentioned, of Mr. PRICE of North Carolina. I yield sequences. On August 1, Montano got defense to root out these adversaries back the balance of my time, Mr. drunk, got behind a wheel, and collided who would try to slip through our de- Chairman. head on with a vehicle carrying three fenses. The Acting CHAIR. The question is nuns. The head-on collision killed 66- This committee will continue to on the amendment offered by the gen- year-old Sister Jeanette Mosier of Vir- make sure that the BDO program is tleman from Georgia (Mr. BROUN). ginia.

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.143 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3642 CONGRESSIONAL RECORD — HOUSE June 7, 2012 To protect innocent citizens from mitted crimes either on a bracelet or I yield back the balance of my time. criminal illegal aliens, I firmly believe by ‘‘checking in’’ with their ICE super- Mr. ADERHOLT. Mr. Chairman, I we need to enforce our immigration visor. move to strike the last word. laws, especially section 236(c). Man- Mr. POLIS. Mr. Chairman, will the The Acting CHAIR. The gentleman dating the detention of dangerous gentleman yield? from Alabama is recognized for 5 min- criminal illegal aliens is plain common Mr. PRICE of North Carolina. I yield utes. sense. to the gentleman from Colorado. Mr. ADERHOLT. I yield to the gen- Last year, this amendment over- Mr. POLIS. I thank the gentleman tleman from Minnesota. whelmingly passed the House in a bi- for yielding. Mr. CRAVAACK. Mr. Chairman, I partisan vote, but the provision was This amendment highlights the flip don’t know what alternate reality stripped out in conference. So I’m of- side of this issue in some alternate re- they’re speaking of. I’m speaking of fering the amendment again this year. ality university. the reality of this world. I’m speaking I urge my colleagues to support this There is a real issue with detention. of Mr. Montano, who got drunk and got amendment. The issue is not that criminal aliens behind a wheel of a car because he is on Mr. ADERHOLT. Will the gentleman are being released. They are not. The a GPS tracking device after commit- yield? real issue is we’re continuing to pay for ting a heinous crime and being Mr. CRAVAACK. I yield to the gen- the ongoing and indefinite detention of tracked, supposedly, by ICE. tleman from Alabama. noncriminal aliens at a great cost to b 2030 Mr. ADERHOLT. I would like to say taxpayers. We’re putting illegal immi- that we would agree with the gen- grants who have committed no crime— I’m taking about illegal aliens that tleman from Minnesota’s amendment may have violated our civil code—up at are let into our society, and the major- and would support it and think it’s a detention facilities to the tune of $120 ity of whom don’t come back to their good idea. a night when alternatives to detention, supervisor, but they also just disappear Mr. CRAVAACK. I thank the gen- proven effective, cost $15 to $20 a night. into the fabric of the country. That’s tleman. It’s like some alternate reality. the reality that I’m speaking of to pro- And I also believe that this is a good There is a real problem. It’s not that tect the American public from illegal use of taxpayer dollars. I do not believe criminal aliens are being released. aliens that are illegally in the United in releasing illegal immigrants that They’re not. By the way, if they are, States that have created a heinous commit serious crimes. then we need to focus on detaining crime against Americans. This is the With that, I yield back the balance of criminal aliens. There’s no disagree- reality that I’m speaking of. my time. ment in this body. But why are the This law will defund ICE to ensure Mr. PRICE of North Carolina. Mr. noncriminal aliens caught up in this that illegal aliens that have committed Chairman, I rise in opposition to the net? heinous crimes that are not deported amendment. At our detention facility of ICE in back into their home countries are The Acting CHAIR. The gentleman is Aurora, which is outsourced to a pri- kept detained until such time as they recognized for 5 minutes. vate provider, it’s only 40 percent of are deported or remain in custody. Mr. PRICE of North Carolina. Mr. the detainees that are criminal aliens Mr. ADERHOLT. I yield back the bal- Chairman, I have read this amendment and 60 percent that are not. Why aren’t ance of my time. carefully, and we dealt with it, as col- we talking about saving money, spend- Mr. DICKS. Mr. Chairman, I move to leagues may remember, on the floor ing $15 or $20 instead of $120 per night strike the last word. last year. putting illegal immigrants up at ex- The Acting CHAIR. The gentleman The gentleman offering the amend- pensive hotels? Why aren’t we talking from Washington is recognized for 5 ment says it does nothing but restate about that? This is like some alternate minutes. existing law, but, at a minimum, it reality that I simply can’t understand. Mr. DICKS. I yield to my good friend sends a strong anti-immigrant mes- The amendment doesn’t do anything. from Colorado. He will tell us more sage. We’re not releasing criminal aliens nor about the alternate reality, I think. The gentleman says the amendment should we. Nobody thinks we should. Mr. POLIS. I thank the gentleman prohibits the use of funds by ICE to Mr. PRICE of North Carolina. Re- from Washington. process the release of illegal immi- claiming my time, Mr. Chairman, Look, if criminal aliens are not being grants to administer alternative forms that’s the point. There is no evidence detained in accordance with the law, of detention to immigrants who have that the gentleman has presented or simply restating the law won’t change committed crimes which supposedly that I’ve seen that ICE is, in fact, re- that. mandated incarceration. If we’re fol- leasing or holding in alternatives to de- Again, what’s happening today is lowing the existing law, I don’t under- tention people who, according to the noncriminal aliens are being detained. stand the need for this language, the law, should be detained. The law is What does that mean? It means that need for this amendment. what it is. This amendment does not mothers are torn from their sons. It Mr. CRAVAACK. Will the gentleman add or subtract to the law. It clearly means that fathers are torn from their yield? insinuates that things are going on daughters. It means that spouses and Mr. PRICE of North Carolina. I yield that we have no evidence that are oc- families are torn apart across our to the gentleman from Minnesota. curring. For that reason alone, it country who have not committed any Mr. CRAVAACK. Sir, ICE is not fol- seems redundant on one level, but has crime. lowing existing law, and this would a misleading and hostile message on Now, criminal aliens represent a sig- prohibit the funds to ensure that those the other. I urge its rejection. nificant percentage of the illegal immi- funds would not be used to allow illegal ICE isn’t pursuing alternatives to de- grants in detention. We all agree that immigrants that have committed hei- tention in cases where they shouldn’t they should be detained. We’re not nous crimes to be readmitted back into be doing so. I see no evidence for that. talking about paroling, we’re not talk- the public for any reason. In fact, I think alternatives to deten- ing about alternative detention for Mr. PRICE of North Carolina. If ICE tion often are useful and certainly criminal aliens. is not enforcing existing law, then ICE more cost effective, and the absconding Now, how could we address this prob- needs to be brought into line. But this rate is very low. If we have people who lem in a real way, in the real world, to amendment, you’re saying, does not should be detained, then of course we ensure that we have enough beds to add to existing law. should detain them. But the notion contain criminal aliens? The best way Mr. CRAVAACK. Will the gentleman that ICE is not doing that, that ICE is to do that is not detain noncriminal yield? pursuing these other alternatives with aliens. Then we have enough beds, we Mr. PRICE of North Carolina. Yes. people who really shouldn’t have access have enough security. We save money, Mr. CRAVAACK. This would prevent to them, is not accurate. For that rea- and we can make darn sure that crimi- illegal aliens from being released back son, I urge rejection of this amend- nal aliens aren’t exempted from deten- into the general public that have com- ment. tion.

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.147 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3643 Let’s talk a little bit about Colorado. demand and driving support for job cre- evening, my amendment to help to re- At our Aurora detention facility, we ation in the middle class. store the mission of FAMs was, in es- have about 450 beds. Now, we have Are there people who are a threat to sence, an amendment that needs to be more demand than that; and like in society? Yes. Some are Americans, clarified. I again rise with the policy many States, our county jails are used some are green card holders, some are amendment that would help FAMs, the as detention facilities. here illegally. I think across the board Federal Air Marshals, which I think I Now, the counties are reimbursed by we agree that those who are a threat to could poll any American and ask them the Department of Homeland Security. society need to be removed from soci- the question as to whether or not Fed- By the way, it’s another Federal bail- ety as expeditiously as possible. eral Air Marshals are, in fact, a crucial out of the prison industry. Many of We can do so more expeditiously and element of our security. them are private prisons. But, again, more efficiently if we can reform our Today in our hearing, Administrator our Federal Government is paying $120 detention system to make sure that Pistole, in a direct question that I a night, $150 a night, $100 a night for we’re not catching all the noncriminal asked of him as to whether a $50 mil- the detention of noncriminal aliens. aliens up in the system because they lion reduction would reduce the mis- If people are being let go because happen to be in the wrong place at the sion and the security aspect of the Fed- there is no room for them, it’s because wrong time. eral Air Marshals, his emphatic answer we’re filling the cells with innocent Mr. DICKS. Reclaiming my time, do was, yes, that is what is happening. mothers, with innocent children, with you think they deserve a trial? Do I think that we should streamline families being torn apart. That’s the these people deserve a trial. and be efficient, but my amendment only reason I could think of why any- Mr. POLIS. Absolutely, they deserve that we were hoping that would be dis- body who has committed a crime might a trial. cussed was an amendment to restore be let go. Mr. DICKS. I mean, there has to be the $50 million. It should be noted that Look, if we’re serious about making some kind of legal process. this was taken from $5 billion, and sure that anybody who represents a Mr. POLIS. That’s right. The way many Members thought we were, in es- threat to our society is detained until that they do this in our Aurora deten- sence, drawing resources that were they are deported or sentenced, we tion facility, they have criminal aliens taken away from a small pot; but of $5 need to do something about non- who wear a red jump suit. Noncriminal billion, we are simply asking that 50, 51 criminal aliens and make sure that we aliens wear a yellow jump suit. So they would be taken out to restore the mis- can fully embrace the successful alter- wear different jump suits. They’re in sion of FAMs and to respond to con- natives to detention, which not only different areas of the detention facil- cerns about cabin security. allow families to be together, parents ity, in part because we don’t want the Mr. Chair, I rise today to offer my amend- to be with their kids, parents to par- criminal element, including some ment 404 to ‘‘the FAMS Appropriation in Fiscal ticipate in school conferences, parents gangs, to corrupt or taint the non- Year (FY) 2013.’’ The House Report has rec- who participate in making sure that criminal aliens that are there too. ommended reducing the FAMS budget by $50 their kids have food on the table, but They are separated out. million. It is my sincere belief that this is a det- also save taxpayer money and keep But we’re paying 120 bucks a night rimental mistake. This recommendation ig- those beds open for criminal aliens for all of them. Why not focus that en- nores FAMS’ integral part in the homeland se- about whom there is no disagreement forcement effort on the criminal ele- curity mission. If FAMS loses $50 million to its whatsoever, who should remain safe ment to detain and deport them, rather budget it will result in the virtual shut down of from society and be kept behind bars. than separating and stripping the the FAMS program. This amendment restates something mothers of their child? Flight coverage is controlled by two out- which already is the law and is not an I oppose the amendment. standing factors: the number of FAMs avail- actionable change. If we want to make Mr. DICKS. I yield back the balance able and the Mission Travel Budget which in- an actionable change, I would be happy of my time. cludes hotel and per diem costs. These con- to work with my friend to do so to The Acting CHAIR. The question is straints directly impact FAMS ability to perform make sure these beds aren’t being on the amendment offered by the gen- optimally. They are outlined in the FAMS risk- taken up by noncriminal aliens and tleman from Minnesota (Mr. based concept of operations (CONOPS). Inter- that we could aggressively pursue al- CRAVAACK). national flights are the highest risk followed by ternative detention for those who have The amendment was agreed to. large plane and long haul flights. not committed any crimes in this Mr. PRICE of North Carolina. Mr. With the reduction, FAMS will be forced to country and whose only violation is a Chairman, I move to strike the last choose whether domestic or international flight civil violation. word. coverage will be decreased. If domestic flights There is a legitimate issue here. We The Acting CHAIR. The gentleman is are maintained, then international flight cov- want to make sure that criminal aliens recognized for 5 minutes. erage must be cut by 20 percent. Keep in are detained and deported. There is no Mr. PRICE of North Carolina. Mr. mind that as I stated, international flights are disagreement about that. Chairman, at this time I would like to the highest risk operations. By contrast, if To do so, rather than simply restat- yield to our colleague from the author- international flights are maintained, domestic ing something that’s obvious and al- izing committee, the gentlelady from flight coverage must be cut by as much as 30 ready the case, we should move forward Texas (Ms. JACKSON LEE). percent. This domestic reduction does not in making sure that we target our re- Ms. JACKSON LEE of Texas. I thank take into account the 10 percent decrease sources. We target our limited re- the ranking member and the ranking noted in the President’s proposed budget. In sources after criminal aliens rather member of the full committee and total, FAMS domestic coverage will face a than the vast majority of our illegal ranking member of the subcommittee crippling 40 plus percentage reduction that population, which is engaged in a civil for their courtesies, and I think clearly FAMS has not experienced since Christmas violation but are not threats to soci- over this process that we’ve had an op- Day 2009. I mention this date because on ety. portunity, as authorizers, to work with Christmas Day in 2009, a failed attack forced We’re talking about people that are our friends on the Appropriations Com- Congress to increase FAMS’ size to cover important to our economy and impor- mittee. both domestic and international flights. It was tant to our communities, the fabric of I wanted to have the opportunity to clear then that Congress recognized flight our communities. We’re talking about share what I think is important infor- vulnerabilities that have since been all but for- the president of the student body in a mation, an amendment that I believe gotten. While we believe that we cannot afford high school in my district who happens and hope that the policy aspect of the FAMS budget, what we truly cannot afford to lack documentation. We’re talking these amendments we can work to- is a successful attack to our security. about families that play important gether in conference to ensure we’ve It is important to note that FAMS is explor- economic roles in our district in agri- come to a meeting of the mind. ing alternative cost saving efforts. FAMS plans culture, in service industries, across I look forward to working with the to extend its current hiring freeze into FY 2013 various sectors. We’re talking about conferees and working with the Senate as mandated by the President’s Budget. The consumers in our stores, driving the to make some corrections. Last reduction combined with limited employees

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 9920 E:\CR\FM\K07JN7.149 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3644 CONGRESSIONAL RECORD — HOUSE June 7, 2012 would severely undermine FAMS mission. The products around the world is essential to our I would encourage individuals that hiring free will extend to administrative per- modern lifestyle, and to our nation’s security we can work together. I look forward sonnel in FY’13. FAMS will also implement a and economic health. At the same time, our to working together. furlough of all FAMS personnel of three to five transportation infrastructure (e.g., roads, Mr. Chair, I rise today to offer my limitation, days, reduce mission coverage, assess which bridges, bus stations, railways and railway sta- amendment 403 to H.R. 5855, the ‘‘Depart- offices can be shut down and consider a re- tions, airports, inland waterways, seaports and ment of Homeland Security Appropriations Act duction in force (RIF) to strategically reduce pipelines) is vulnerable to damage from both in Fiscal Year (FY) 2013.’’ Under my amend- on-board staffing levels. In addition, FAMS will natural and man-made disasters. ment, DHS funds will only be allocated to undergo a significant decline in critical oper- The transportation infrastructure in the companies controlled by U.S. citizens. In the ational programs including travel, information United States includes: Aviation, 5,000 Public midst of an economy that continues to main- technology and logistical support. Airports; Passenger Rail and Railroads, tain a high unemployment rate, it is imperative I must stress again that any reduction to the 120,000 Miles of Major Railroads; Highways, that we do everything in our power to ensure FAMS budget goes beyond the reasonable Trucking, and Busing, 590,000 Highway that American tax dollars support American operational abilities of this program. It will se- Bridges; 4,000,000 of Public Roadways; Pipe- businesses which will in turn support our citi- verely impact our aviation security and impede lines, 2,000,000 Miles of Pipelines; Maritime, zens and our families. Private companies that the good work and progress of this program. 300 Inland/Coastal Ports; Mass Transit, 500 perform security screenings at our U.S. air- For these reasons and more I urge my col- Major Urban Public Transportation Operators. ports are no different. Security protection laws leagues to restore the $50 million to the FAMS In the event of a natural disaster or terrorist and private vs. federal screening disagree- budget. attack, damage to transportation systems can ments aside, we must ensure that we hire our AMENDMENT TO H.R. 5855, AS REPORTED result in injury and loss of life, hamper emer- own American companies. OFFERED BY MS. JACKSON LEE OF TEXAS gency evacuation from the scene of the dis- Unlike other aspects of aviation security that At the end of the bill (before the short aster, and inhibit rescue workers’ ability to get are subject to multiple hearings before Con- title), insert the following: to the scene to provide aid. Sometimes, as in gressional committees, there have been no SEC. ll. The amounts otherwise provided the case of Hurricane Katrina, the existing hearings or findings of fact to establish the se- by this Act are revised by increasing the transportation systems, even if undamaged, curity risk of allowing foreign owned compa- amount made available for ‘‘Security, En- are insufficient to effectively evacuate a dis- nies to perform screening at U.S. airports. forcement, and Investigations—U.S. Customs aster area. Recovery from a disaster can take Prior to this year, the Screening Partnership and Border Protection—Salaries and Ex- years and be very expensive for individuals, Program (SPP) allowed some U.S. airports to penses’’, by increasing the amount made available for ‘‘Federal Air Marshals’’, and by private companies and government agencies. opt-out of using federal screeners. In addition, reducing the amount made available for ‘‘Re- Focusing on transportation security means 40 U.S.C. § 44920 prohibited TSA from enter- search and Development, Training, and Serv- that we are doing what we can to predict, plan ing into contracts to provide private screenings ices—United States Citizenship and Immi- for and prevent, if possible, these catastrophic of passengers and bags by any company that gration Services’’ by $25,000,000, $25,000,000, events. This includes developing resilient was not owned and controlled by a citizen of and $50,000,000, respectively. transportation systems, mitigating the effects the United States. Congress changed this re- In addition, we have an amendment of a disaster, and planning for recovery. quirement in February with the FAA Mod- that I hope the policy of it will be I ask my colleagues to join me in increasing ernization Act that included a waiver of the re- moved in conference, the overall look the budget for TSA. quirement that private screening contracts only of adding resources to the Transpor- Also, I think it is very important on be awarded to U.S. owned companies. tation Security Administration, par- this question of Buy America, and that According to the Defense Security Service, ticularly TSA, in the amount of $50 is legislation that requires the Depart- a U.S. company is considered to be under for- million, that will help restore the re- ment of Homeland Security funds to, in eign ownership, control or influence ‘‘when a duced mission of the Federal Air Mar- this time of unemployment, be used for foreign interest has the power, direct or indi- shals, more training, professionalism; American companies only. One might rect, whether or not exercised, to direct or de- but there is no doubt we have to close say we already have a Buy America. cide matters affecting the management or op- offices, we have to furlough FAMs, and Well, let me just educate my col- erations of the company in a manner which we have to be able to try to meet the leagues. In the issue of screening, may result in unauthorized access to classified concerns of, in essence, the question of where there is this desire to have a information or may affect adversely the per- cabin security. Screening Partnership Program formance of classified contracts.’’ through the FAA legislation that was By allowing foreign companies to conduct 2040 b passed in February, the prohibition of security screenings at our airports, we leave It is very difficult to not have this using foreign companies to screen ourselves vulnerable to foreign interests taking $50 million. I am going to work with Americans in United States airports precedence in the safety of our citizens and conferees, and I hope to work with the was removed. And so foreign companies the security of our flights. ranking member and the chairperson can now be our screeners. That, of It is no secret that aviation security in the to see the value of providing some res- course, is a question of jobs. It is par- U.S. remains a focus of Al Qaeda. In thwarting toration to the FAM dollars. ticularly a question of Federal dollars attacks, it is not enough to merely mitigate a Mr. Chair, I rise today to offer my amend- dealing with security going to foreign- hostile, foreign influence. Any access to intel- ment to H.R. 5855, Making Appropriations for owned companies. ligence, technologies, policies or procedures the Department of Homeland Security for the This amendment is a crucial amend- that could be communicated to foreign terror- Fiscal Year ending September 2012. Jackson ment. I wish my colleagues would have ists must be avoided entirely. Concerns about 405 amendment will increase the budget for allowed it on the floor of the House. national security have led to tighter guidelines the Transportation Security Administration by But I believe that this should be a mat- for federal government approval of foreign ac- $50 million. ter taken up under the security quisitions of U.S. companies by foreign inves- The Transportation Security Administration, premise as to whether or not, even if tors and the granting of federal contracts to which was created in the aftermath of 9/11, there is a provision for the Screening foreign owned companies. But they neglect nothing is more important to me than the safe- Partnership Program, which, again, the other important issue at hand—the loss of ty of the traveling public. TSA, informed by the Mr. Pistole indicated that the $15 mil- opportunities for American companies. latest intelligence, researches and deploys lion that was allotted out of our The law establishing the opt-out program in technology and constantly evaluates and up- screening program was going to under- 2001 required the head of TSA to determine dates screening procedures in order to stay mine the screening program, the feder- there are private screening companies owned ahead of the evolving threats to aviation secu- ally based screening program, that our and controlled by U.S. citizens to perform rity. system should be federally focused. But screening contracts. There is no evidence of The United States has a complex and inter- if there is an SPP, if there is a Screen- any shortage of U.S. owned security compa- connected transportation network that has de- ing Partnership Program, the idea of nies to perform screening when an application veloped primarily over the last 100 years, and having foreign-owned companies secure is granted. is what makes our fast-paced lives possible. the contracts, take away American We must not allow foreign owned compa- Our ability to travel efficiently from place to jobs, and then be screening Americans, nies to perform screening at any U.S. airport. place and to transport materials and consumer is ludicrous at best. The U.S. should not reopen itself to a risk of

VerDate Mar 15 2010 05:55 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 9920 E:\CR\FM\A07JN7.048 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3645 lives lost and damage to the aviation industry Conaway Johnson, Sam Posey Lowey Pingree (ME) Serrano Cravaack Jones Price (GA) Luja´ n Polis Sewell and the U.S. economy by opening the door to Crawford Jordan Quayle Lynch Price (NC) Sherman the risk of another attack by Al Qaeda or any Crenshaw Kelly Reed Maloney Quigley Sires other terrorist group outside the U.S. In addi- Culberson King (IA) Rehberg Markey Rahall Smith (WA) tion, American tax dollars should support our Davis (KY) King (NY) Renacci Matheson Rangel Speier Denham Kingston Matsui Reichert Stark American businesses and our people. For Ribble Dent Kinzinger (IL) Rigell McCarthy (NY) Reyes Sutton these reasons and more I urge my colleagues DesJarlais Kissell Roby McCollum Richardson Thompson (CA) to include my limitation amendment to the Dreier Kline Roe (TN) McDermott Richmond Thompson (MS) McGovern Rivera Duffy Labrador Rogers (AL) Tierney DHS appropriations bill. McNerney Ros-Lehtinen Tipton Duncan (SC) Lamborn Rogers (KY) AMENDMENT TO H.R. 5855, AS REPORTED Duncan (TN) Lance Meeks Ross (AR) Tonko Rogers (MI) Ellmers Landry Michaud Rothman (NJ) Tsongas OFFERED BY MS. JACKSON LEE OF TEXAS Rohrabacher Emerson Lankford Miller (NC) Roybal-Allard Van Hollen Rokita At the end of the bill (before the short Farenthold Latham Miller, George Royce Vela´ zquez title) add the following: Fincher LaTourette Rooney Moore Ruppersberger Visclosky Fitzpatrick Latta Roskam Moran Rush Walz (MN) SEC. ll. None of the funds made available Ross (FL) by this Act may be obligated for a contract Fleischmann Lipinski Murphy (CT) Ryan (OH) Wasserman Ryan (WI) Nadler Sa´ nchez, Linda Schultz entered into under section 44920 of title 49, Fleming LoBiondo Flores Long Scalise Napolitano T. Waters United States Code, with a private company Forbes Lucas Schilling Olver Sanchez, Loretta Watt that is not owned and controlled by a citizen Fortenberry Luetkemeyer Schmidt Owens Sarbanes Waxman of the United States. Foxx Lummis Schock Pallone Schakowsky Welch Franks (AZ) Lungren, Daniel Schweikert Pascrell Schiff Wilson (FL) Mr. PRICE of North Carolina. I yield Gallegly E. Scott (SC) Pastor (AZ) Schrader Woodall back the balance of my time. Gardner Mack Scott, Austin Pelosi Schwartz Woolsey ANNOUNCEMENT BY THE ACTING CHAIR Garrett Manzullo Sensenbrenner Perlmutter Scott (VA) Yarmuth Gerlach Marchant Sessions Peters Scott, David Young (IN) The Acting CHAIR. Pursuant to Gibbs McCarthy (CA) Shimkus NOT VOTING—18 clause 6 of rule XVIII, proceedings will Gibson McCaul Shuster now resume on those amendments on Gingrey (GA) McClintock Simpson Akin Filner Neal which further proceedings were post- Gohmert McCotter Smith (NE) Baldwin Griffin (AR) Paul Goodlatte McHenry Smith (NJ) Bass (CA) Kucinich Runyan poned, in the following order: Gosar McIntyre Smith (TX) Bilirakis Lewis (CA) Shuler First amendment by Mr. KING of Gowdy McKeon Southerland Coble Marino Slaughter Iowa. Granger McKinley Stearns Conyers Myrick Towns Graves (GA) McMorris Stivers Second amendment by Mr. KING of Graves (MO) Rodgers Stutzman b 2107 Iowa. Griffith (VA) Meehan Sullivan Grimm Mica Messrs. ISRAEL, PASCRELL, DAVIS First amendment by Mrs. BLACKBURN Terry Guinta Miller (FL) Thompson (PA) of Illinois, and WOODALL changed of Tennessee. Guthrie Miller (MI) Thornberry their vote from ‘‘aye’’ to ‘‘no.’’ Hall Miller, Gary Second amendment by Mrs. BLACK- Tiberi Hanna Mulvaney Messrs. HARPER, PEARCE, GRIMM, BURN of Tennessee. Turner (NY) Harper Murphy (PA) NUGENT, and COFFMAN of Colorado An amendment by Mr. SULLIVAN of Harris Neugebauer Turner (OH) changed their vote from ‘‘no’’ to ‘‘aye.’’ Oklahoma. Hartzler Noem Upton Walberg So the amendment was agreed to. An amendment by Mr. TURNER of Hastings (WA) Nugent Hayworth Nunes Walden The result of the vote was announced New York. Hensarling Nunnelee Walsh (IL) as above recorded. An amendment by Mr. POLIS of Colo- Herger Olson Webster Stated against: rado. Herrera Beutler Palazzo West Westmoreland Mr. FILNER. Mr. Chair, on rollcall 362, I was The Chair will reduce to 2 minutes Huelskamp Paulsen Huizenga (MI) Pearce Whitfield away from the Capitol due to prior commit- the time for any electronic vote after Hultgren Pence Wilson (SC) ments to my constituents. Had I been present, the first vote in this series. Hunter Peterson Wittman Hurt Petri Wolf I would have voted ‘‘no.’’ AMENDMENT OFFERED BY MR. KING OF IOWA Issa Pitts Womack AMENDMENT OFFERED BY MR. KING OF IOWA The Acting CHAIR. The unfinished Jenkins Platts Yoder The Acting CHAIR. The unfinished business is the demand for a recorded Johnson (IL) Poe (TX) Young (AK) Johnson (OH) Pompeo Young (FL) business is the demand for a recorded vote on the first amendment offered by vote on the second amendment offered the gentleman from Iowa (Mr. KING) on NOES—189 by the gentleman from Iowa (Mr. KING) which further proceedings were post- Ackerman Cooper Grijalva on which further proceedings were poned and on which the ayes prevailed Amodei Costa Gutierrez postponed and on which the ayes pre- by voice vote. Andrews Costello Hahn vailed by voice vote. The Clerk will redesignate the Baca Courtney Hanabusa Becerra Critz Hastings (FL) The Clerk will redesignate the amendment. Berkley Crowley Heck amendment. The Clerk redesignated the amend- Berman Cuellar Heinrich The Clerk redesignated the amend- ment. Biggert Cummings Higgins Bishop (GA) Davis (CA) Himes ment. RECORDED VOTE Bishop (NY) Davis (IL) Hinchey RECORDED VOTE The Acting CHAIR. A recorded vote Blumenauer DeFazio Hinojosa The Acting CHAIR. A recorded vote has been demanded. Bonamici DeGette Hirono Bono Mack DeLauro Hochul has been demanded. A recorded vote was ordered. Boswell Deutch Holden A recorded vote was ordered. The vote was taken by electronic de- Brady (PA) Diaz-Balart Holt The Acting CHAIR. This is a 2- vice, and there were—ayes 224, noes 189, Braley (IA) Dicks Honda Brown (FL) Dingell Hoyer minute vote. not voting 18, as follows: Butterfield Doggett Israel The vote was taken by electronic de- [Roll No. 362] Capps Dold Jackson (IL) vice, and there were—ayes 238, noes 175, Capuano Donnelly (IN) Jackson Lee not voting 18, as follows: AYES—224 Cardoza Doyle (TX) Adams Berg Burgess Carnahan Edwards Johnson (GA) [Roll No. 363] Aderholt Bilbray Burton (IN) Carney Ellison Johnson, E. B. AYES—238 Alexander Bishop (UT) Calvert Carson (IN) Engel Kaptur Altmire Black Camp Castor (FL) Eshoo Keating Adams Barton (TX) Boren Amash Blackburn Campbell Chandler Farr Kildee Aderholt Bass (NH) Boustany Austria Bonner Canseco Chu Fattah Kind Alexander Benishek Brady (TX) Bachmann Boren Cantor Cicilline Flake Langevin Altmire Berg Brooks Bachus Boustany Capito Clarke (MI) Frank (MA) Larsen (WA) Amodei Biggert Broun (GA) Barletta Brady (TX) Carter Clarke (NY) Frelinghuysen Larson (CT) Austria Bilbray Buchanan Barrow Brooks Cassidy Clay Fudge Lee (CA) Bachmann Bishop (UT) Bucshon Bartlett Broun (GA) Chabot Cleaver Garamendi Levin Bachus Black Buerkle Barton (TX) Buchanan Chaffetz Clyburn Gonzalez Lewis (GA) Barletta Blackburn Burgess Bass (NH) Bucshon Coffman (CO) Cohen Green, Al Loebsack Barrow Bonner Burton (IN) Benishek Buerkle Cole Connolly (VA) Green, Gene Lofgren, Zoe Bartlett Bono Mack Calvert

VerDate Mar 15 2010 06:25 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.057 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3646 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Camp Herrera Beutler Poe (TX) Johnson (GA) Murphy (CT) Schiff Fitzpatrick Jenkins Pompeo Campbell Huelskamp Pompeo Johnson, E. B. Nadler Schrader Flake Johnson (IL) Posey Canseco Huizenga (MI) Posey Kaptur Napolitano Schwartz Fleischmann Johnson, Sam Price (GA) Cantor Hultgren Price (GA) Keating Olver Scott (VA) Fleming Jordan Quayle Capito Hunter Quayle Kildee Owens Scott, David Flores Kinzinger (IL) Rehberg Carter Hurt Rahall Kind Pallone Serrano Forbes Kline Reichert Cassidy Issa Reed Langevin Pascrell Sewell Fortenberry Labrador Rigell Chabot Jenkins Rehberg Larsen (WA) Pastor (AZ) Sherman Foxx Lamborn Roby Larson (CT) Pelosi Chaffetz Johnson (IL) Reichert Sires Franks (AZ) Landry Rokita Chandler Johnson (OH) Renacci Lee (CA) Perlmutter Gardner Lankford Rooney Smith (WA) Coffman (CO) Johnson, Sam Ribble Levin Peters Garrett Long Roskam Speier Cole Jones Rigell Lewis (GA) Pingree (ME) Gingrey (GA) Luetkemeyer Ross (FL) Conaway Jordan Roby Loebsack Polis Stark Gohmert Lummis Scalise Cravaack Kelly Roe (TN) Lofgren, Zoe Price (NC) Sutton Goodlatte Mack Schmidt Crawford King (IA) Rogers (AL) Lowey Quigley Thompson (CA) Gosar Manzullo Schweikert Crenshaw King (NY) Rogers (KY) Luja´ n Rangel Thompson (MS) Gowdy Marchant Scott (SC) Culberson Kingston Rogers (MI) Lynch Reyes Tierney Graves (GA) McCarthy (CA) Scott, Austin Davis (KY) Kinzinger (IL) Rohrabacher Maloney Richardson Tonko Graves (MO) McClintock Sensenbrenner Denham Kissell Rokita Markey Richmond Tsongas Griffin (AR) McHenry Sessions Dent Kline Rooney Matheson Rivera Van Hollen Griffith (VA) McKinley Shimkus DesJarlais Labrador Roskam Matsui Ros-Lehtinen Vela´ zquez Grimm McMorris Smith (NE) Dold Lamborn Ross (FL) McCarthy (NY) Ross (AR) Visclosky Guinta Rodgers Southerland Dreier Lance Royce McCollum Rothman (NJ) Wasserman Guthrie Mica Stearns Duffy Landry Ryan (WI) McDermott Roybal-Allard Schultz Harper Miller (FL) Stutzman Duncan (SC) Lankford Scalise McGovern Ruppersberger Waters Harris Miller, Gary Sullivan Duncan (TN) Latham Schilling McNerney Rush Watt Hartzler Mulvaney Terry Meeks Ellmers Latta Schmidt Ryan (OH) Waxman Heck Neugebauer Tipton Emerson Lipinski Michaud Sa´ nchez, Linda Hensarling Nugent Walsh (IL) Schock Welch Farenthold LoBiondo Schweikert Miller (NC) T. Herrera Beutler Nunnelee Webster Wilson (FL) Fincher Long Scott (SC) Miller, George Sanchez, Loretta Huelskamp Paulsen Westmoreland Woolsey Fitzpatrick Lucas Scott, Austin Moore Sarbanes Huizenga (MI) Pearce Wilson (SC) Flake Luetkemeyer Sensenbrenner Moran Schakowsky Yarmuth Hultgren Pence Wittman Fleischmann Lummis Sessions Hunter Petri Woodall Fleming Lungren, Daniel Shimkus NOT VOTING—18 Hurt Pitts Yoder Flores E. Shuster Akin Filner Neal Issa Poe (TX) Young (AK) Forbes Mack Simpson Baldwin Kucinich Paul Fortenberry Manzullo Smith (NE) Bass (CA) LaTourette Runyan NOES—282 Foxx Marchant Smith (NJ) Bilirakis Lewis (CA) Shuler Ackerman Franks (AZ) McCarthy (CA) Smith (TX) Coble Marino Slaughter Crenshaw Holt Aderholt Frelinghuysen McCaul Southerland Conyers Myrick Towns Critz Honda Gallegly McClintock Stearns Altmire Crowley Hoyer Gardner McCotter Stivers ANNOUNCEMENT BY THE ACTING CHAIR Andrews Cuellar Israel Garrett McHenry Stutzman Austria Cummings Jackson (IL) The Acting CHAIR (during the vote). Baca Davis (CA) Jackson Lee Gerlach McIntyre Sullivan There is 1 minute remaining. Gibbs McKeon Terry Barletta Davis (IL) (TX) Barrow DeFazio Johnson (GA) Gibson McKinley Thompson (PA) 2112 Gingrey (GA) McMorris Thornberry b Bartlett DeGette Johnson (OH) Gohmert Rodgers Tiberi Bass (NH) DeLauro Johnson, E. B. Mr. COLE changed his vote from Becerra Denham Jones Goodlatte Meehan Tipton ‘‘no’’ to ‘‘aye.’’ Gosar Mica Turner (NY) Berg Dent Kaptur Gowdy Miller (FL) Turner (OH) So the amendment was agreed to. Berkley DesJarlais Keating Granger Miller (MI) Upton The result of the vote was announced Berman Deutch Kelly Biggert Diaz-Balart Kildee Graves (GA) Miller, Gary Walberg as above recorded. Graves (MO) Mulvaney Walden Bishop (GA) Dicks Kind Griffin (AR) Murphy (PA) Walsh (IL) Stated against: Bishop (NY) Dingell King (NY) Griffith (VA) Neugebauer Walz (MN) Mr. FILNER. Mr. Chair, on rollcall 363, I was Blumenauer Doggett Kingston Grimm Noem Webster away from the Capitol due to prior commit- Bonamici Dold Kissell Guinta Nugent West Bonner Donnelly (IN) Lance Guthrie Nunes Westmoreland ments to my constituents. Had I been present, Bono Mack Doyle Langevin Hall Nunnelee Whitfield I would have voted ‘‘no.’’ Boren Dreier Larsen (WA) Boswell Duffy Larson (CT) Hanna Olson Wilson (SC) AMENDMENT OFFERED BY MRS. BLACKBURN Harper Palazzo Wittman Brady (PA) Edwards Latham Harris Paulsen Wolf The Acting CHAIR. The unfinished Braley (IA) Ellison LaTourette Hartzler Pearce Womack business is the demand for a recorded Brooks Emerson Latta Hastings (WA) Pence Woodall Broun (GA) Engel Lee (CA) vote on the first amendment offered by Brown (FL) Eshoo Levin Hayworth Peterson Yoder the gentlewoman from Tennessee (Mrs. Heck Petri Young (AK) Bucshon Farenthold Lewis (GA) Hensarling Pitts Young (FL) BLACKBURN) on which further pro- Buerkle Farr Lipinski Herger Platts Young (IN) ceedings were postponed and on which Butterfield Fattah LoBiondo Calvert Fincher Loebsack the noes prevailed by voice vote. NOES—175 Cantor Frank (MA) Lofgren, Zoe The Clerk will redesignate the Capito Frelinghuysen Lowey Ackerman Cleaver Farr amendment. Capps Fudge Lucas Amash Clyburn Fattah Capuano Gallegly Luja´ n Andrews Cohen Frank (MA) The Clerk redesignated the amend- Cardoza Garamendi Lungren, Daniel Baca Connolly (VA) Fudge ment. Carnahan Gerlach E. Becerra Cooper Garamendi RECORDED VOTE Carney Gibbs Lynch Berkley Costa Gonzalez Carson (IN) Gibson Maloney Berman Costello Green, Al The Acting CHAIR. A recorded vote Carter Gonzalez Markey Bishop (GA) Courtney Green, Gene has been demanded. Cassidy Granger Matheson Bishop (NY) Critz Grijalva A recorded vote was ordered. Castor (FL) Green, Al Matsui Blumenauer Crowley Gutierrez Chaffetz Green, Gene McCarthy (NY) Bonamici Cuellar Hahn The Acting CHAIR. This will be a 2- Chandler Grijalva McCaul Boswell Cummings Hanabusa minute vote. Chu Gutierrez McCollum Brady (PA) Davis (CA) Hastings (FL) The vote was taken by electronic de- Cicilline Hahn McCotter Braley (IA) Davis (IL) Heinrich vice, and there were—ayes 131, noes 282, Clarke (MI) Hall McDermott Brown (FL) DeFazio Higgins Clarke (NY) Hanabusa McGovern Butterfield DeGette Himes not voting 18, as follows: Clay Hanna McIntyre Capps DeLauro Hinchey [Roll No. 364] Cleaver Hastings (FL) McKeon Capuano Deutch Hinojosa Clyburn Hastings (WA) McNerney Cardoza Diaz-Balart Hirono AYES—131 Coffman (CO) Hayworth Meehan Carnahan Dicks Hochul Adams Bishop (UT) Campbell Cohen Heinrich Meeks Carney Dingell Holden Alexander Black Canseco Cole Herger Michaud Carson (IN) Doggett Holt Amash Blackburn Chabot Conaway Higgins Miller (MI) Castor (FL) Donnelly (IN) Honda Amodei Boustany Cravaack Connolly (VA) Himes Miller (NC) Chu Doyle Hoyer Bachmann Brady (TX) Culberson Cooper Hinchey Miller, George Cicilline Edwards Israel Bachus Buchanan Davis (KY) Costa Hinojosa Moore Clarke (MI) Ellison Jackson (IL) Barton (TX) Burgess Duncan (SC) Costello Hirono Moran Clarke (NY) Engel Jackson Lee Benishek Burton (IN) Duncan (TN) Courtney Hochul Murphy (CT) Clay Eshoo (TX) Bilbray Camp Ellmers Crawford Holden Murphy (PA)

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.058 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3647 Nadler Ros-Lehtinen Thompson (CA) Camp Himes Pitts LaTourette Pastor (AZ) Sewell Napolitano Ross (AR) Thompson (MS) Campbell Holt Poe (TX) Lee (CA) Perlmutter Sherman Noem Rothman (NJ) Thompson (PA) Canseco Huelskamp Polis Levin Peters Shuster Nunes Roybal-Allard Thornberry Cantor Huizenga (MI) Pompeo Lewis (GA) Peterson Simpson Olson Royce Tiberi Capito Hultgren Posey Lipinski Pingree (ME) Sires Olver Ruppersberger Tierney Cassidy Hunter Price (GA) LoBiondo Platts Smith (NJ) Owens Rush Tonko Chabot Hurt Quayle Lofgren, Zoe Price (NC) Smith (WA) Palazzo Ryan (OH) Tsongas Coffman (CO) Issa Rehberg Lowey Quigley Stark Pallone Ryan (WI) Luja´ n Rahall Turner (NY) Conaway Jenkins Ribble Sutton Pascrell Sa´ nchez, Linda Cravaack Johnson (IL) Lungren, Daniel Rangel Turner (OH) Rigell Thompson (CA) Pastor (AZ) T. Crawford Johnson, Sam E. Reed Upton Roby Thompson (MS) Pelosi Sanchez, Loretta Culberson Jordan Lynch Reichert Van Hollen Roe (TN) Perlmutter Sarbanes Davis (CA) Kelly Maloney Renacci Thompson (PA) ´ Rogers (AL) Peters Schakowsky Velazquez Davis (KY) King (IA) Markey Reyes Thornberry Rogers (MI) Peterson Schiff Visclosky DeFazio Kingston Matheson Richardson Tierney Rohrabacher Pingree (ME) Schilling Walberg DesJarlais Kinzinger (IL) Matsui Richmond Tipton Platts Schock Walden Duffy Kline Rokita McCarthy (NY) Rivera Tonko Polis Schrader Walz (MN) Duncan (SC) Labrador Rooney McCollum Rogers (KY) Tsongas Price (NC) Schwartz Wasserman Duncan (TN) Lamborn Ross (FL) McCotter Ros-Lehtinen Turner (OH) Quigley Scott (VA) Schultz Ellmers Lance Royce McGovern Roskam Van Hollen Rahall Scott, David Waters Emerson Landry Ryan (WI) McIntyre Ross (AR) Vela´ zquez Rangel Serrano Watt Eshoo Lankford Sanchez, Loretta McNerney Rothman (NJ) Visclosky Reed Sewell Waxman Farenthold Latham Scalise Meehan Roybal-Allard Walz (MN) Renacci Sherman Welch Farr Latta Schilling Meeks Ruppersberger Wasserman Reyes Shuster West Fincher Loebsack Schmidt Michaud Rush Schultz Ribble Simpson Whitfield Fitzpatrick Long Schock Miller (NC) Ryan (OH) Watt Richardson Sires Moore ´ Wilson (FL) Flake Lucas Schrader Sanchez, Linda Waxman Richmond Smith (NJ) Fleischmann Luetkemeyer Moran T. Wolf Schweikert Welch Rivera Smith (TX) Fleming Lummis Murphy (CT) Sarbanes Womack Scott (SC) Whitfield Roe (TN) Smith (WA) Flores Mack Nadler Schakowsky Woolsey Scott, Austin Wilson (FL) Rogers (AL) Speier Forbes Manzullo Sensenbrenner Napolitano Schiff Rogers (KY) Stark Yarmuth Fortenberry Marchant Olver Schwartz Womack Young (FL) Sessions Woolsey Rogers (MI) Stivers Foxx McCarthy (CA) Shimkus Owens Scott (VA) Young (IN) Yarmuth Rohrabacher Sutton Franks (AZ) McCaul Smith (NE) Pallone Scott, David Young (FL) Frelinghuysen McClintock Smith (TX) Pascrell Serrano NOT VOTING—18 Gallegly McDermott Southerland NOT VOTING—17 Akin Filner Neal Gardner McHenry Speier Baldwin King (IA) Paul Garrett McKeon Stearns Akin Filner Paul Gibbs McKinley Bass (CA) Kucinich Runyan Stivers Baldwin Kucinich Runyan Gibson McMorris Bilirakis Lewis (CA) Shuler Stutzman Bass (CA) Lewis (CA) Shuler Gingrey (GA) Rodgers Coble Marino Slaughter Sullivan Bilirakis Marino Slaughter Conyers Myrick Towns Gohmert Mica Terry Coble Myrick Towns Goodlatte Miller (FL) Tiberi Conyers Neal ANNOUNCEMENT BY THE ACTING CHAIR Gosar Miller (MI) Gowdy Miller, Gary Turner (NY) The Acting CHAIR (during the vote). Upton ANNOUNCEMENT BY THE ACTING CHAIR There is 1 minute remaining. Graves (GA) Miller, George Graves (MO) Mulvaney Walberg The Acting CHAIR (during the vote). Griffith (VA) Murphy (PA) Walden There is 1 minute remaining. b 2116 Guinta Neugebauer Walsh (IL) Guthrie Noem Waters So the amendment was rejected. Hanna Nugent Webster b 2122 The result of the vote was announced Harper Nunes West as above recorded. Harris Nunnelee Westmoreland Mr. COLE changed his vote from Hartzler Olson Wilson (SC) ‘‘aye’’ to ‘‘no.’’ Stated against: Hastings (WA) Palazzo Wittman Mr. FILNER. Mr. Chair, on rollcall 364, I was Heck Paulsen Wolf Ms. PELOSI, Ms. LORETTA SAN- away from the Capitol due to prior commit- Heinrich Pearce Woodall CHEZ of California, Ms. SPEIER, and ments to my constituents. Had I been present, Hensarling Pelosi Yoder Mr. LOEBSACK changed their vote Herger Pence Young (AK) from ‘‘no’’ to ‘‘aye.’’ I would have voted ‘‘no.’’ Herrera Beutler Petri Young (IN) AMENDMENT OFFERED BY MRS. BLACKBURN So the amendment was rejected. The Acting CHAIR. The unfinished NOES—210 The result of the vote was announced business is the demand for a recorded Ackerman Cleaver Granger as above recorded. Altmire Clyburn Green, Al vote on the second amendment offered Andrews Cohen Green, Gene Stated against: by the gentlewoman from Tennessee Baca Cole Griffin (AR) Mr. FILNER. Mr. Chair, on rollcall 365, I was (Mrs. BLACKBURN) on which further Barrow Connolly (VA) Grijalva away from the Capitol due to prior commit- proceedings were postponed and on Bass (NH) Cooper Grimm Becerra Costa Gutierrez ments to my constituents. Had I been present, which the noes prevailed by voice vote. Berkley Costello Hahn I would have voted ‘‘no.’’ The Clerk will redesignate the Berman Courtney Hall AMENDMENT OFFERED BY MR. SULLIVAN amendment. Bilbray Crenshaw Hanabusa Bishop (GA) Critz Hastings (FL) The Acting CHAIR. The unfinished The Clerk redesignated the amend- Bishop (NY) Crowley Hayworth ment. business is the demand for a recorded Bishop (UT) Cuellar Higgins vote on the amendment offered by the RECORDED VOTE Blumenauer Cummings Hinchey Bonamici Davis (IL) Hinojosa gentleman from Oklahoma (Mr. SUL- The Acting CHAIR. A recorded vote Boren DeGette Hirono LIVAN) on which further proceedings has been demanded. Boswell DeLauro Hochul were postponed and on which the ayes Brady (PA) Denham Holden A recorded vote was ordered. prevailed by voice vote. The Acting CHAIR. This will be a 2- Brady (TX) Dent Honda Brown (FL) Deutch Hoyer The Clerk will redesignate the minute vote. Buerkle Diaz-Balart Israel amendment. The vote was taken by electronic de- Butterfield Dicks Jackson (IL) vice, and there were—ayes 204, noes 210, Capps Dingell Jackson Lee The Clerk redesignated the amend- Capuano Doggett (TX) ment. not voting 17, as follows: Cardoza Dold Johnson (GA) [Roll No. 365] Carnahan Donnelly (IN) Johnson (OH) RECORDED VOTE Carney Doyle Johnson, E. B. The Acting CHAIR. A recorded vote AYES—204 Carson (IN) Dreier Jones Adams Bartlett Boustany Carter Edwards Kaptur has been demanded. Aderholt Barton (TX) Braley (IA) Castor (FL) Ellison Keating A recorded vote was ordered. Alexander Benishek Brooks Chaffetz Engel Kildee Amash Berg Broun (GA) Chandler Fattah Kind The Acting CHAIR. This will be a 2- Amodei Biggert Buchanan Chu Frank (MA) King (NY) minute vote. Austria Black Bucshon Cicilline Fudge Kissell The vote was taken by electronic de- Bachmann Blackburn Burgess Clarke (MI) Garamendi Langevin Bachus Bonner Burton (IN) Clarke (NY) Gerlach Larsen (WA) vice, and there were—ayes 250, noes 164, Barletta Bono Mack Calvert Clay Gonzalez Larson (CT) not voting 17, as follows:

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.061 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3648 CONGRESSIONAL RECORD — HOUSE June 7, 2012 [Roll No. 366] Costa Johnson (GA) Rangel The Acting CHAIR. This will be a 2- Costello Johnson, E. B. Reyes minute vote. AYES—250 Courtney Kaptur Richardson Adams Gibbs Noem Crowley Keating Richmond The vote was taken by electronic de- Aderholt Gibson Nugent Cummings Kildee Rothman (NJ) vice, and there were—ayes 101, noes 314, Alexander Gingrey (GA) Nunes Davis (CA) Kind Roybal-Allard not voting 16, as follows: Altmire Gohmert Nunnelee Davis (IL) Langevin Ruppersberger Amash Goodlatte Olson DeFazio Larsen (WA) Rush [Roll No. 367] Amodei Gosar Palazzo DeGette Larson (CT) Ryan (OH) Austria Gowdy Paulsen DeLauro Lee (CA) Sa´ nchez, Linda AYES—101 Bachmann Granger Pearce Deutch Levin T. Adams Gowdy Miller (FL) Bachus Graves (GA) Pence Dicks Lewis (GA) Sanchez, Loretta Amash Graves (GA) Mulvaney Dingell Loebsack Barletta Graves (MO) Peterson Sarbanes Bachmann Graves (MO) Neugebauer Doggett Lofgren, Zoe Barrow Griffin (AR) Petri Schakowsky Barletta Griffith (VA) Nunnelee Doyle Lowey Bartlett Griffith (VA) Pitts Schiff Barton (TX) Guinta Pence Edwards Luja´ n Barton (TX) Grimm Platts Schrader Benishek Harris Pitts Ellison Lynch Bass (NH) Guinta Poe (TX) Schwartz Bishop (UT) Hartzler Engel Maloney Poe (TX) Benishek Guthrie Pompeo Scott (VA) Blackburn Hensarling Eshoo Markey Posey Berg Hall Posey Scott, David Brady (TX) Herrera Beutler Farr Matsui Price (GA) Biggert Hanna Price (GA) Serrano Broun (GA) Huelskamp Quayle Bilbray Harper Quayle Fattah McCarthy (NY) Sewell Buchanan Huizenga (MI) Ribble Bishop (GA) Harris Rahall Frank (MA) McCollum Sherman Burgess Hultgren Rohrabacher Bishop (UT) Hartzler Reed Fudge McDermott Burton (IN) Issa Sires Royce Black Hastings (WA) Rehberg Garamendi McGovern Campbell Johnson (IL) Smith (WA) Ruppersberger Blackburn Hayworth Reichert Gonzalez McNerney Cantor Johnson, Sam Green, Al Meeks Speier Scalise Bonner Heck Renacci Stark Cassidy Jordan Bono Mack Hensarling Green, Gene Michaud Schweikert Ribble Thompson (CA) Chabot Kelly Boren Herger Rigell Grijalva Miller (NC) Scott (SC) Thompson (MS) Chaffetz King (IA) Boustany Herrera Beutler Rivera Gutierrez Miller, George Scott, Austin Thompson (PA) Cravaack King (NY) Brady (TX) Holden Roby Hahn Moore DeFazio Kingston Sensenbrenner Tierney Brooks Huelskamp Roe (TN) Hanabusa Moran Duncan (SC) Labrador Sessions Tonko Broun (GA) Huizenga (MI) Rogers (AL) Hastings (FL) Murphy (CT) Duncan (TN) Lamborn Shimkus Tsongas Buchanan Hultgren Rogers (KY) Heinrich Nadler Farenthold Lankford Smith (NE) Van Hollen Bucshon Hunter Rogers (MI) Higgins Napolitano Fincher Latta Southerland Vela´ zquez Buerkle Hurt Rohrabacher Himes Olver Flake Long Stearns Visclosky Burgess Issa Rokita Hinchey Owens Fleming Luetkemeyer Stutzman Walz (MN) Burton (IN) Jenkins Rooney Hinojosa Pallone Flores Lummis Turner (NY) Wasserman Calvert Johnson (IL) Ros-Lehtinen Hirono Pascrell Foxx Mack Walberg Schultz Camp Johnson (OH) Roskam Hochul Pastor (AZ) Franks (AZ) Marchant Walsh (IL) Waters Campbell Johnson, Sam Ross (AR) Holt Pelosi Garrett McClintock West Canseco Jones Ross (FL) Honda Perlmutter Watt Gingrey (GA) McHenry Westmoreland Cantor Jordan Royce Hoyer Peters Waxman Gohmert McKinley Wilson (SC) Capito Kelly Ryan (WI) Israel Pingree (ME) Welch Goodlatte Meehan Woodall Carter King (IA) Scalise Jackson (IL) Polis Wilson (FL) Gosar Mica Young (AK) Cassidy King (NY) Schilling Jackson Lee Price (NC) Woolsey Chabot Kingston Schmidt (TX) Quigley Yarmuth NOES—314 Chaffetz Kinzinger (IL) Schock NOT VOTING—17 Ackerman Cleaver Garamendi Chandler Kissell Schweikert Aderholt Clyburn Gardner Coffman (CO) Akin Filner Paul Kline Scott (SC) Alexander Coffman (CO) Gerlach Cole Baldwin Kucinich Runyan Labrador Scott, Austin Altmire Cohen Gibbs Conaway Bass (CA) Lewis (CA) Shuler Lamborn Sensenbrenner Amodei Cole Gibson Cooper Bilirakis Marino Lance Sessions Slaughter Andrews Conaway Gonzalez Cravaack Coble Myrick Landry Shimkus Towns Austria Connolly (VA) Granger Crawford Conyers Neal Lankford Shuster Baca Conyers Green, Al Crenshaw Latham Simpson ANNOUNCEMENT BY THE ACTING CHAIR Bachus Cooper Green, Gene Critz LaTourette Smith (NE) Barrow Costa Griffin (AR) Cuellar The Acting CHAIR (during the vote). Latta Smith (NJ) Bartlett Costello Grijalva Culberson Lipinski Smith (TX) There is 1 minute remaining. Bass (NH) Courtney Grimm Davis (KY) LoBiondo Southerland Becerra Crawford Guthrie Denham Long Stearns b 2126 Berg Crenshaw Gutierrez Dent Lucas Stivers Berkley Critz Hahn DesJarlais So the amendment was agreed to. Luetkemeyer Stutzman Berman Crowley Hall Diaz-Balart Lummis Sullivan The result of the vote was announced Biggert Cuellar Hanabusa Dold Lungren, Daniel Sutton as above recorded. Bilbray Culberson Hanna Donnelly (IN) E. Terry Bishop (GA) Cummings Harper Dreier Stated for: Mack Thornberry Bishop (NY) Davis (CA) Hastings (FL) Duffy Mr. THOMPSON of Pennsylvania. Mr. Manzullo Tiberi Black Davis (IL) Hastings (WA) Duncan (SC) Marchant Tipton Chair, on rollcall No. 366 I inadvertently voted Blumenauer Davis (KY) Hayworth Duncan (TN) Matheson Turner (NY) ‘‘no,’’ I meant to vote ‘‘aye.’’ Had I voted cor- Bonamici DeGette Heck Ellmers McCarthy (CA) Turner (OH) Bonner DeLauro Heinrich Emerson rectly, I would have voted ‘‘aye.’’ McCaul Upton Bono Mack Denham Herger Farenthold McClintock Walberg Stated against: Boren Dent Higgins Fincher McCotter Walden Mr. FILNER. Mr. Chair, on rollcall 366, I was Boswell DesJarlais Himes Fitzpatrick McHenry Walsh (IL) Boustany Deutch Hinchey Flake away from the Capitol due to prior commit- McIntyre Webster Brady (PA) Diaz-Balart Hinojosa Fleischmann ments to my constituents. Had I been present, McKeon West Braley (IA) Dicks Hirono Fleming McKinley Westmoreland I would have voted ‘‘no.’’ Brooks Dingell Hochul Flores McMorris Whitfield Brown (FL) Doggett Holden Forbes AMENDMENT OFFERED BY MR. TURNER OF NEW Rodgers Wilson (SC) Bucshon Dold Holt Fortenberry YORK Meehan Wittman Buerkle Donnelly (IN) Honda Foxx Mica Wolf The Acting CHAIR. The unfinished Butterfield Doyle Hoyer Franks (AZ) Miller (FL) Womack business is the demand for a recorded Calvert Dreier Hunter Frelinghuysen Miller (MI) Woodall Camp Duffy Hurt Gallegly vote on the amendment offered by the Miller, Gary Yoder Canseco Edwards Israel Gardner Mulvaney Young (AK) gentleman from New York (Mr. TUR- Capito Ellison Jackson (IL) Garrett Murphy (PA) Young (FL) NER) on which further proceedings were Capps Ellmers Jackson Lee Gerlach Neugebauer Young (IN) postponed and on which the noes pre- Capuano Emerson (TX) vailed by voice vote. Cardoza Engel Jenkins NOES—164 Carnahan Eshoo Johnson (GA) Ackerman Brady (PA) Castor (FL) The Clerk will redesignate the Carney Farr Johnson (OH) Andrews Braley (IA) Chu amendment. Carson (IN) Fattah Johnson, E. B. Baca Brown (FL) Cicilline The Clerk redesignated the amend- Carter Fitzpatrick Jones Becerra Butterfield Clarke (MI) Castor (FL) Fleischmann Kaptur Berkley Capps Clarke (NY) ment. Chandler Forbes Keating Berman Capuano Clay RECORDED VOTE Chu Fortenberry Kildee Bishop (NY) Cardoza Cleaver The Acting CHAIR. A recorded vote Cicilline Frank (MA) Kind Blumenauer Carnahan Clyburn Clarke (MI) Frelinghuysen Kinzinger (IL) Bonamici Carney Cohen has been demanded. Clarke (NY) Fudge Kissell Boswell Carson (IN) Connolly (VA) A recorded vote was ordered. Clay Gallegly Kline

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.065 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3649 Lance Owens Schrader The Acting CHAIR. This will be a 2- Kline Olson Schwartz Landry Palazzo Schwartz minute vote. Lamborn Olver Scott (VA) Langevin Pallone Scott (VA) Landry Owens Scott, David Larsen (WA) Pascrell Scott, David The vote was taken by electronic de- Langevin Palazzo Sensenbrenner Larson (CT) Pastor (AZ) Serrano vice, and there were—ayes 99, noes 316, Larson (CT) Pallone Sewell Latham Paulsen Sewell not voting 16, as follows: Latham Pascrell Sherman LaTourette Pearce Sherman LaTourette Paulsen Shimkus Lee (CA) Pelosi Shuster [Roll No. 368] Latta Pearce Shuster Levin Perlmutter Simpson Levin Pelosi Simpson AYES—99 Lewis (GA) Peters Sires Lewis (GA) Perlmutter Sires Lipinski Peterson Smith (NJ) Adams Grijalva Neugebauer Lipinski Peters Smith (NE) LoBiondo Petri LoBiondo Peterson Smith (NJ) Smith (TX) Amash Gutierrez Nunnelee Loebsack Pingree (ME) Loebsack Pingree (ME) Smith (TX) Smith (WA) Barton (TX) Hahn Pastor (AZ) Lofgren, Zoe Platts Long Platts Smith (WA) Speier Becerra Hartzler Pence Lowey Polis Lowey Posey Southerland Stark Benishek Hastings (FL) Petri Lucas Pompeo Black Hensarling Pitts Lucas Price (NC) Stark ´ Stivers Lujan Price (NC) Blackburn Herger Poe (TX) Luetkemeyer Quigley Stivers Sullivan ´ Lungren, Daniel Quigley Brooks Huelskamp Polis Lujan Rahall Sullivan E. Rahall Sutton Lungren, Daniel Rangel Sutton Terry Broun (GA) Huizenga (MI) Pompeo Lynch Rangel Buerkle Hultgren Price (GA) E. Reed Terry Thompson (CA) Maloney Reed Burgess Hurt Quayle Maloney Rehberg Thompson (CA) Thompson (MS) Manzullo Rehberg Burton (IN) Issa Ribble Markey Reichert Thompson (MS) Thompson (PA) Markey Reichert Camp Jenkins Rigell Matheson Renacci Thompson (PA) Matheson Renacci Thornberry Campbell Johnson (IL) Rohrabacher Matsui Reyes Thornberry Matsui Reyes Tiberi Chabot Jordan Royce McCarthy (CA) Richardson Tierney McCarthy (CA) Richardson Tierney Chaffetz Kind Ryan (WI) McCarthy (NY) Richmond Tipton McCarthy (NY) Richmond Tipton Cooper King (IA) Schilling McCaul Rivera Tonko McCaul Rigell Tonko Deutch Labrador Schweikert McCollum Roby Tsongas McCollum Rivera Tsongas Duffy Lance Scott (SC) McCotter Roe (TN) Turner (NY) McCotter Roby Turner (OH) Duncan (SC) Lankford Scott, Austin McDermott Rogers (AL) Turner (OH) McDermott Roe (TN) Upton Duncan (TN) Larsen (WA) Serrano McGovern Rogers (KY) Van Hollen McGovern Rogers (AL) Van Hollen Eshoo Lee (CA) Sessions McHenry Rogers (MI) Visclosky McIntyre Rogers (KY) Vela´ zquez Fincher Lofgren, Zoe Speier McIntyre Rokita Walz (MN) McKeon Rogers (MI) Visclosky Flake Lummis Stearns McKeon Rooney Wasserman McMorris Rokita Walden Flores Lynch Stutzman McKinley Ros-Lehtinen Schultz Rodgers Rooney McMorris Roskam Waters Walz (MN) Foxx Mack Tiberi McNerney Ros-Lehtinen Rodgers Ross (AR) Watt Wasserman Franks (AZ) Manzullo Upton Meeks Roskam McNerney Ross (FL) Waxman Schultz Garrett Marchant Vela´ zquez Michaud Ross (AR) Meehan Rothman (NJ) Webster Waters Goodlatte McClintock Walberg Miller (MI) Ross (FL) Meeks Roybal-Allard Welch Watt Gosar Miller (MI) Walden Miller (NC) Rothman (NJ) Gowdy Moran Walsh (IL) Mica Ruppersberger West Miller, Gary Roybal-Allard Waxman Michaud Rush Westmoreland Webster Graves (GA) Mulvaney Wilson (SC) Miller, George Rush Griffith (VA) Napolitano Woodall Miller (FL) Ryan (OH) Whitfield Moore Ryan (OH) Welch Miller (NC) Sa´ nchez, Linda Wilson (FL) Moran Ryan (WI) Whitfield NOES—316 Miller, Gary T. Wittman Murphy (CT) Sa´ nchez, Linda Wilson (FL) Miller, George Sanchez, Loretta Wolf Murphy (PA) T. Wittman Ackerman Clay Garamendi Moore Sarbanes Womack Nadler Sanchez, Loretta Wolf Aderholt Cleaver Gardner Murphy (CT) Scalise Woolsey Napolitano Sarbanes Womack Alexander Clyburn Gerlach Murphy (PA) Schakowsky Yarmuth Noem Schakowsky Woolsey Altmire Coffman (CO) Gibbs Nadler Schiff Yoder Nugent Schiff Yarmuth Amodei Cohen Gibson Noem Schmidt Young (AK) Nunes Schilling Yoder Andrews Cole Gingrey (GA) Nugent Schock Young (FL) Olson Schmidt Young (FL) Austria Conaway Gohmert Nunes Schrader Young (IN) Olver Schock Young (IN) Baca Connolly (VA) Gonzalez Bachmann Conyers Granger NOT VOTING—16 NOT VOTING—16 Bachus Costa Graves (MO) Akin Kucinich Runyan Akin Kucinich Runyan Barletta Costello Green, Al Baldwin Lewis (CA) Shuler Barrow Courtney Green, Gene Baldwin Lewis (CA) Shuler Bass (CA) Marino Slaughter Bartlett Cravaack Griffin (AR) Bass (CA) Marino Slaughter Bilirakis Myrick Towns Bass (NH) Crawford Grimm Bilirakis Myrick Towns Coble Neal Coble Neal Berg Crenshaw Guinta Filner Paul Filner Paul Berkley Critz Guthrie Berman Crowley Hall ANNOUNCEMENT BY THE ACTING CHAIR ANNOUNCEMENT BY THE ACTING CHAIR Biggert Cuellar Hanabusa The Acting CHAIR (during the vote). The Acting CHAIR (during the vote). Bilbray Culberson Hanna There is 1 minute remaining. Bishop (GA) Cummings Harper There is 1 minute remaining. Bishop (NY) Davis (CA) Harris b 2133 2130 Bishop (UT) Davis (IL) Hastings (WA) b Blumenauer Davis (KY) Hayworth Messrs. GARRETT and KING of Iowa So the amendment was rejected. Bonamici DeFazio Heck changed their vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Bonner DeGette Heinrich So the amendment was rejected. Bono Mack DeLauro Herrera Beutler The result of the vote was announced as above recorded. Boren Denham Higgins Stated against: Boswell Dent Himes as above recorded. Mr. FILNER. Mr. Chair, on rollcall 367, I was Boustany DesJarlais Hinchey Stated against: away from the Capitol due to prior commit- Brady (PA) Diaz-Balart Hinojosa Mr. FILNER. Mr. Chair, on rollcall 368, I was Brady (TX) Dicks Hirono away from the Capitol due to prior commit- ments to my constituents. Had I been present, Braley (IA) Dingell Hochul I would have voted ‘‘no.’’ Brown (FL) Doggett Holden ments to my constituents. Had I been present, Buchanan Dold Holt AMENDMENT OFFERED BY MR. POLIS I would have voted ‘‘no.’’ Bucshon Donnelly (IN) Honda The Acting CHAIR. The Clerk will The Acting CHAIR. The unfinished Butterfield Doyle Hoyer read. business is the demand for a recorded Calvert Dreier Hunter The Clerk read as follows: vote on the amendment offered by the Canseco Edwards Israel Cantor Ellison Jackson (IL) This Act may be cited as the ‘‘Department gentleman from Colorado (Mr. POLIS) Capito Ellmers Jackson Lee of Homeland Security Appropriations Act, on which further proceedings were Capps Emerson (TX) 2013’’. postponed and on which the noes pre- Capuano Engel Johnson (GA) Cardoza Farenthold Johnson (OH) Mr. ADERHOLT. Mr. Chairman, I vailed by voice vote. Carnahan Farr Johnson, E. B. move that the Committee do now rise The Clerk will redesignate the Carney Fattah Johnson, Sam and report the bill back to the House amendment. Carson (IN) Fitzpatrick Jones with sundry amendments, with the rec- The Clerk redesignated the amend- Carter Fleischmann Kaptur Cassidy Fleming Keating ommendation that the amendments be ment. Castor (FL) Forbes Kelly agreed to and that the bill, as amend- RECORDED VOTE Chandler Fortenberry Kildee ed, do pass. The Acting CHAIR. A recorded vote Chu Frank (MA) King (NY) Cicilline Frelinghuysen Kingston The motion was agreed to. has been demanded. Clarke (MI) Fudge Kinzinger (IL) Accordingly, the Committee rose; A recorded vote was ordered. Clarke (NY) Gallegly Kissell and the Speaker pro tempore (Mr.

VerDate Mar 15 2010 06:25 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.067 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3650 CONGRESSIONAL RECORD — HOUSE June 7, 2012 REED) having assumed the chair, Mr. areas: combating the increasing This motion simply raises the floor GINGREY of Georgia, Acting Chair of cyberthreat facing this country and that must be spent protecting our the Committee of the Whole House on protecting our urban areas from ter- major population levels to be equal to the state of the Union, reported that rorist threats. current levels. The amount of money that Committee, having had under con- This week’s Washington Post pointed dedicated to urban areas has dropped sideration the bill (H.R. 5855) making out that in recent years, there have from $887 million in 2010, $725 million appropriations for the Department of been numerous revelations about how in 2011, to now under $500 million, yet Homeland Security for the fiscal year the unknown vulnerabilities of our net- the threats we face have not dimin- ending September 30, 2013, and for works and cyberinformation were used ished. other purposes, directed him to report to break into systems that were as- I thank the gentleman for offering the bill back to the House with sundry sumed to be secure. this motion and yielding, and I urge amendments adopted in the Committee b 2140 my colleagues to vote to protect our of the Whole, with the recommendation critical population and economic cen- One came in 2009 targeting Google, that the amendments be agreed to and ters. Northrop Grumman, Dow Chemical and that the bill, as amended, do pass. Mr. TIERNEY. Reclaiming my time, The SPEAKER pro tempore. Under hundreds of other firms when hackers from China penetrated the targeted Mr. Speaker, this final amendment im- House Resolution 667, the previous proves the underlying bill and hope- question is ordered. computer systems. Over several months, the hijackers siphoned off fully will garner bipartisan support. Is a separate vote demanded on any Let’s take these additional threats to amendment reported from the Com- oceans of data, including the source code that runs Google systems. Accord- combat cyberthreats, but step up our mittee of the Whole? If not, the Chair efforts to protect our urban areas from will put them en gros. ing to the same article, another attack last year took aim at cybersecurity terrorist threats. Please support the The amendments were agreed to. motion to recommit. The SPEAKER pro tempore. The giant RSA, which protects most of the question is on the engrossment and Fortune 500 companies. With that, I yield back the balance of third reading of the bill. But it’s not only a problem for the my time. The bill was ordered to be engrossed largest companies. In fact, according to Mr. ADERHOLT. Mr. Speaker, I rise and read a third time, and was read the Reuters, 40 percent of all the targeted in opposition to the motion. third time. Internet attacks are directed toward The SPEAKER pro tempore. The gen- MOTION TO RECOMMIT more vulnerable companies with fewer tleman from Alabama is recognized for Mr. TIERNEY. Mr. Speaker, I have a than 500 employees. 5 minutes. motion to recommit at the desk. Mr. Speaker, I expect the chairman Mr. ADERHOLT. Mr. Speaker, this The SPEAKER pro tempore. Is the will defend this bill’s investments in bill is already robust on cybersecurity. gentleman opposed to the bill? cybersecurity and, again, I appreciate It provides a substantial increase in Mr. TIERNEY. I am opposed in its that. He did what he could do, and we every cybersecurity program across the current form. should be doing more. While we spend Department. The SPEAKER pro tempore. The more than China, Russia, and the next Furthermore, this bill already does Clerk will report the motion to recom- eight countries combined ensuring that more for grants to high-risk areas than mit. our military superiority is intact, we any previous DHS appropriations bill, The Clerk read as follows: have not taken that same sense of pur- and we increase grants by more than Mr. Tierney moves to recommit the bill pose to cybersecurity. $400 million. Let me repeat that: By H.R. 5855 to the Committee on Appropria- My amendment does precisely that, more than $400 million we increase tions with instructions to report the same adding $17 million in new funding to grants. back to the House forthwith with the fol- the National Protection and Programs In short, this motion is not needed. lowing amendment: Directorate for additional cybersecu- Page 19, line 18, after the dollar amount in- This bill cuts spending overall, but it sert ‘‘(reduced by $16,630,000)’’. rity personnel, including training and also fully sustains all frontline and Page 32, line 16, after the dollar amount, education opportunities to grow the fu- high-risk operation. It is a balanced insert ‘‘(increased by $16,630,000)’’. ture cybersecurity workforce. With re- bill. It is a disciplined bill. It is a bill Page 39, line 20, strike ‘‘$150,000,000’’ and peated and increasingly dangerous worthy of support. insert ‘‘$490,300,000’’. threats to our Federal and private Mr. Speaker, it’s time to vote. It’s The SPEAKER pro tempore. The gen- cybernetworks, it’s critical that we time to meet our Nation’s needs for se- tleman from Massachusetts is recog- have staff with the utmost up-to-date curity and fiscal restraint. I urge my nized for 5 minutes. training and skills to address these colleagues to reject this unnecessary Mr. TIERNEY. Mr. Speaker, tonight threats. motion and to enthusiastically support I rise to offer the final amendment. I The final amendment also increases this bill. want to be clear that this is a final the bill’s investment in Urban Area Se- amendment to the bill. It will not kill curity Initiative grants from $150 mil- I yield back the balance of my time. the bill, nor will it send it back to com- lion to $490.3 million. This will not The SPEAKER pro tempore. Without mittee. If it’s adopted, the bill will be take money away from anybody; it just objection, the previous question is or- voted on immediately as amended. reallocates the distribution. This is the dered on the motion to recommit. Let me start by saying that it’s un- amount Secretary Napolitano devoted There was no objection. fortunate that the House Republicans to the Urban Area Security grants in The SPEAKER pro tempore. The unilaterally reneged upon the agreed 2012. As my colleagues know, these question is on the motion to recommit. upon discretionary caps that were es- grants are intend to protect the high- The question was taken; and the tablished by the Budget Control Act. est risk and highest density urban Speaker pro tempore announced that Their doing so—just to finance more areas from terrorist threats. These the noes appeared to have it. tax cuts for people that were already grants have been substantially reduced RECORDED VOTE tremendously well-off—has resulted in under the Republican majority, and the Appropriations Committee having these reductions have put our Nation’s Mr. TIERNEY. Mr. Speaker, I de- to absorb $19 billion in reductions most populated areas at greater risk. mand a recorded vote. below the Budget Control Act. So I rec- With that, Mr. Speaker, I yield to my A recorded vote was ordered. ognize, Mr. Speaker, that sub- colleague from New York. Pursuant to clause 9 of rule XX, the committee Chairman ADERHOLT and Mrs. LOWEY. While I appreciate lan- Chair will reduce to 5 minutes the min- Ranking Member PRICE did the very guage in the bill set aside for high imum time for the electronic vote on best that they could with this bill threat areas, I fear that it’s simply in- the question of passage. given the subcommittee’s allocation. sufficient to combat the threats we The vote was taken by electronic de- Nevertheless, I offer this final amend- know are facing our most populated vice, and there were—ayes 165, noes 251, ment that focuses on two important cities. not voting 15, as follows:

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.169 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3651 [Roll No. 369] Issa Miller (FL) Schilling Conaway Jenkins Price (GA) Jenkins Miller (MI) Schmidt Cravaack Johnson (OH) Quayle AYES—165 Johnson (IL) Miller, Gary Schock Crawford Johnson, Sam Rahall Ackerman Fudge Napolitano Johnson (OH) Mulvaney Schrader Crenshaw Jordan Reed Altmire Garamendi Olver Johnson, Sam Murphy (PA) Schweikert Culberson Keating Rehberg Andrews Gonzalez Pallone Jones Neugebauer Scott (SC) Davis (KY) Kelly Reichert Baca Green, Al Pascrell Jordan Noem Scott, Austin Denham King (IA) Renacci Bass (CA) Green, Gene Pastor (AZ) Kelly Nugent Sensenbrenner Dent King (NY) Ribble King (IA) Nunes Becerra Grijalva Pelosi Sessions DesJarlais Kingston Rigell King (NY) Nunnelee Diaz-Balart Kinzinger (IL) Berkley Gutierrez Perlmutter Shimkus Rivera Kingston Olson Dold Kissell Berman Hahn Peters Shuster Roby Kinzinger (IL) Owens Donnelly (IN) Kline Bishop (GA) Hanabusa Pingree (ME) Simpson Roe (TN) Bishop (NY) Hastings (FL) Polis Kissell Palazzo Dreier Labrador Rogers (AL) Kline Paulsen Smith (NE) Duffy Lamborn Blumenauer Higgins Price (NC) Smith (NJ) Rogers (KY) Bonamici Himes Quigley Labrador Pearce Duncan (SC) Lance Smith (TX) Rogers (MI) Brady (PA) Hinchey Rahall Lamborn Pence Ellmers Landry Southerland Rohrabacher Brown (FL) Hinojosa Rangel Lance Peterson Emerson Lankford Stearns Rokita Butterfield Hirono Reyes Landry Petri Farenthold Latham Rooney Lankford Stivers Capps Hochul Richardson Pitts Fincher LaTourette Ros-Lehtinen Latham Platts Stutzman Capuano Holden Richmond Fitzpatrick Latta Roskam LaTourette Poe (TX) Sullivan Cardoza Holt Rothman (NJ) Fleischmann LoBiondo Ross (AR) Latta Pompeo Terry Carnahan Honda Roybal-Allard Fleming Long Ross (FL) LoBiondo Posey Thompson (PA) Flores Lucas Carson (IN) Hoyer Ruppersberger Scalise Loebsack Price (GA) Thornberry Forbes Luetkemeyer Castor (FL) Israel Rush Schilling Long Quayle Fortenberry Lungren, Daniel Chu Jackson (IL) Ryan (OH) Tiberi Schmidt Lucas Reed Foxx E. Cicilline Jackson Lee Sa´ nchez, Linda Tipton Schock Luetkemeyer Rehberg Franks (AZ) Mack Clarke (MI) (TX) T. Turner (NY) Schweikert Luja´ n Reichert Frelinghuysen Manzullo Clarke (NY) Johnson (GA) Sanchez, Loretta Turner (OH) Scott (SC) Lummis Renacci Gallegly Marchant Clay Johnson, E. B. Sarbanes Upton Scott, Austin Lungren, Daniel Ribble Gardner Matheson Cleaver Kaptur Schakowsky Walberg Sessions E. Rigell Garrett McCarthy (CA) Clyburn Keating Schiff Walden Shimkus Cohen Kildee Schwartz Mack Rivera Walsh (IL) Gerlach McCarthy (NY) Manzullo Roby Shuster Connolly (VA) Kind Scott (VA) Walz (MN) Gibbs McCaul Marchant Roe (TN) Gibson McCotter Simpson Conyers Langevin Scott, David Webster Matheson Rogers (AL) Gingrey (GA) McHenry Smith (NE) Cooper Larsen (WA) Serrano West McCarthy (CA) Rogers (KY) Gohmert McIntyre Smith (NJ) Costa Larson (CT) Sewell Westmoreland McCaul Rogers (MI) Goodlatte McKeon Smith (TX) Costello Lee (CA) Sherman Whitfield McClintock Rohrabacher Gosar McKinley Southerland Courtney Levin Sires Wilson (SC) Stivers Critz Lewis (GA) McCotter Rokita Gowdy McMorris Smith (WA) Wittman Stutzman Crowley Lipinski Speier McHenry Rooney Granger Rodgers Wolf Sullivan Cuellar Lofgren, Zoe Stark McKeon Ros-Lehtinen Graves (GA) Meehan Womack Terry Cummings Lowey Sutton McKinley Roskam Graves (MO) Mica Woodall Thompson (PA) Davis (CA) Lynch Thompson (CA) McMorris Ross (AR) Griffin (AR) Miller (FL) Thornberry Davis (IL) Maloney Thompson (MS) Rodgers Ross (FL) Yoder Griffith (VA) Miller (MI) Tiberi DeFazio Markey Tierney Meehan Royce Young (AK) Grimm Miller, Gary Tipton DeGette Matsui Tonko Mica Ryan (WI) Young (FL) Guinta Murphy (PA) Turner (NY) DeLauro McCarthy (NY) Tsongas Michaud Scalise Young (IN) Guthrie Neugebauer Turner (OH) Deutch McCollum Van Hollen Hall Noem NOT VOTING—15 Upton Dicks McDermott Vela´ zquez Hanna Nugent Walberg Dingell McGovern Visclosky Akin Kucinich Paul Harper Nunes Doggett McIntyre Wasserman Baldwin Lewis (CA) Runyan Harris Nunnelee Walden Doyle McNerney Schultz Bilirakis Marino Shuler Hartzler Olson Webster Edwards Meeks Waters Coble Myrick Slaughter Hastings (WA) Owens West Ellison Miller (NC) Watt Filner Neal Towns Hayworth Palazzo Westmoreland Engel Miller, George Waxman Heck Paulsen Whitfield Eshoo Moore Welch b 2159 Heinrich Pearce Wilson (SC) Farr Moran Wilson (FL) Hensarling Pence Wittman Fattah Murphy (CT) Woolsey Mr. CARNEY changed his vote from Herger Peterson Wolf Frank (MA) Nadler Yarmuth ‘‘aye’’ to ‘‘no.’’ Herrera Beutler Petri Womack Huizenga (MI) Pitts Woodall NOES—251 So the motion to recommit was re- Hultgren Platts Yoder jected. Hunter Poe (TX) Young (AK) Adams Cantor Franks (AZ) The result of the vote was announced Hurt Pompeo Young (FL) Aderholt Capito Frelinghuysen Issa Posey Young (IN) Alexander Carney Gallegly as above recorded. Amash Carter Gardner Stated for: NAYS—182 Amodei Cassidy Garrett Austria Chabot Gerlach Mr. FILNER. Mr. Speaker, on rollcall 369, I Ackerman Conyers Grijalva Bachmann Chaffetz Gibbs was away from the Capitol due to prior com- Amash Cooper Gutierrez Bachus Chandler Gibson mitments to my constituents. Had I been Andrews Costa Hahn Barletta Coffman (CO) Gingrey (GA) present, I would have voted ‘‘aye.’’ Baca Costello Hanabusa Barrow Cole Gohmert Bass (CA) Courtney Hastings (FL) Bartlett Conaway Goodlatte The SPEAKER pro tempore. The Becerra Critz Higgins Barton (TX) Cravaack Gosar question is on the passage of the bill. Berman Crowley Himes Bass (NH) Crawford Gowdy Under clause 10 of rule XX, the yeas Bishop (GA) Cuellar Hinchey Benishek Crenshaw Granger Bishop (NY) Cummings Hinojosa Berg Culberson Graves (GA) and nays are ordered. Blumenauer Davis (CA) Hirono Biggert Davis (KY) Graves (MO) This is a 5-minute vote. Bonamici Davis (IL) Hochul Bilbray Denham Griffin (AR) The vote was taken by electronic de- Brady (PA) DeFazio Holden Bishop (UT) Dent Griffith (VA) vice, and there were—yeas 234, nays Braley (IA) DeGette Holt Black DesJarlais Grimm Brown (FL) DeLauro Honda Blackburn Diaz-Balart Guinta 182, not voting 15, as follows: Burgess Deutch Hoyer Bonner Dold Guthrie [Roll No. 370] Butterfield Dicks Huelskamp Bono Mack Donnelly (IN) Hall Campbell Dingell Israel Boren Dreier Hanna YEAS—234 Capps Doggett Jackson (IL) Boswell Duffy Harper Adams Berkley Bucshon Capuano Doyle Jackson Lee Boustany Duncan (SC) Harris Aderholt Biggert Buerkle Cardoza Duncan (TN) (TX) Brady (TX) Duncan (TN) Hartzler Alexander Bilbray Burton (IN) Carnahan Edwards Johnson (GA) Braley (IA) Ellmers Hastings (WA) Altmire Bishop (UT) Calvert Carney Ellison Johnson (IL) Brooks Emerson Hayworth Amodei Black Camp Carson (IN) Engel Johnson, E. B. Broun (GA) Farenthold Heck Austria Blackburn Canseco Castor (FL) Eshoo Jones Buchanan Fincher Heinrich Bachmann Bonner Cantor Chu Farr Kaptur Bucshon Fitzpatrick Hensarling Bachus Bono Mack Capito Cicilline Fattah Kildee Buerkle Flake Herger Barletta Boren Carter Clarke (MI) Flake Kind Burgess Fleischmann Herrera Beutler Barrow Boswell Cassidy Clarke (NY) Frank (MA) Langevin Burton (IN) Fleming Huelskamp Bartlett Boustany Chabot Clay Fudge Larsen (WA) Calvert Flores Huizenga (MI) Barton (TX) Brady (TX) Chaffetz Cleaver Garamendi Larson (CT) Camp Forbes Hultgren Bass (NH) Brooks Chandler Clyburn Gonzalez Lee (CA) Campbell Fortenberry Hunter Benishek Broun (GA) Coffman (CO) Cohen Green, Al Levin Canseco Foxx Hurt Berg Buchanan Cole Connolly (VA) Green, Gene Lewis (GA)

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.069 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3652 CONGRESSIONAL RECORD — HOUSE June 7, 2012 Lipinski Pelosi Serrano b 2210 us to some sort of congressional action Loebsack Perlmutter Sewell in order to keep the highway trust Lofgren, Zoe Peters Sherman MOTION TO INSTRUCT CONFEREES Lowey Pingree (ME) Sires ON H.R. 4348, SURFACE TRANS- fund—and the Federal highway pro- Luja´ n Polis Smith (WA) grams as a whole—solvent. Lummis Price (NC) PORTATION EXTENSION ACT OF Speier So what did Congress do? Did we in- Lynch Quigley Stark 2012, PART II Maloney Rangel crease the gas tax? Did we reverse the Stearns Mr. BROUN of Georgia. Mr. Speaker, Markey Reyes fuel efficiency standards? Did we reor- Sutton I have a motion at the desk. Matsui Richardson Thompson (CA) McClintock Richmond ganize any of the programs or do any- Thompson (MS) The SPEAKER pro tempore. The McCollum Rothman (NJ) thing to encourage the production of Tierney Clerk will report the motion. McDermott Roybal-Allard Tonko cheaper fuel here in the U.S.? No, abso- McGovern Royce The Clerk read as follows: Tsongas lutely not. When faced with the threat McNerney Ruppersberger Mr. Broun of Georgia moves that the man- Meeks Rush Van Hollen of bankrupting the highway trust fund ´ agers on the part of the House at the con- Michaud Ryan (OH) Velazquez in 2005, Congress did nothing to rein in Visclosky ference on the disagreeing votes of the two Miller (NC) Ryan (WI) Houses on the Senate amendment to the bill spending or increase revenues. Instead, ´ Walsh (IL) Miller, George Sanchez, Linda H.R. 4348 be instructed to insist on provi- Moore T. Walz (MN) Congress passed the SAFETEA–LU law, Moran Sanchez, Loretta Wasserman sions that limit funding out of the Highway which was the biggest, most expensive Mulvaney Sarbanes Schultz Trust Fund (including the Mass Transit Ac- transportation authorization in his- Murphy (CT) Schakowsky Waters count) for Federal-aid highway and transit tory. Not surprisingly, by 2009, the Nadler Schiff Watt programs to amounts that do not exceed highway trust fund was broke. Since Napolitano Schrader Waxman $37,500,000,000 for fiscal year 2013. Olver Schwartz Welch then, we’ve passed three separate bail- Pallone Scott (VA) Wilson (FL) The SPEAKER pro tempore. Pursu- outs of the highway trust fund totaling Pascrell Scott, David Woolsey ant to clause 7 of rule XXII, the gen- nearly $30 billion. Pastor (AZ) Sensenbrenner Yarmuth tleman from Georgia (Mr. BROUN) and Mr. Speaker, I fear that the bill NOT VOTING—15 the gentleman from Oregon (Mr. DEFA- which is currently in conference will Akin Kucinich Paul ZIO) each will control 30 minutes. Baldwin Lewis (CA) Runyan The Chair recognizes the gentleman only lead to more of the same of that Bilirakis Marino Shuler from Georgia. deficit spending. My fear is supported Coble Myrick Slaughter Mr. BROUN of Georgia. Mr. Speaker, by numbers from the Congressional Filner Neal Towns I yield myself such time as I may con- Budget Office which show that for each of the next 2 years, there is a projected b 2207 sume. Mr. Speaker, we all know that our $8 to $9 billion gap between the likely So the bill was passed. country is facing an unprecedented fis- revenues and the expected outlays The result of the vote was announced cal emergency. We’re broke as a Na- within the highway trust fund. as above recorded. tion. While a number of us believe that It is important to note, however, that A motion to reconsider was laid on the Federal Government’s spending these estimates are developed using the table. must be limited from the very start, current budgetary conditions. This Stated against: it’s clear to most of us here that any means that changes could be made dur- Mr. FILNER. Mr. Speaker, on rollcall 370, I spending that we do must be offset. We ing the conference which would prevent was away from the Capitol due to prior com- cannot continue to build debt for our this shortfall from happening again. mitments to my constituents. Had I been children and our grandchildren. One approach which has been em- present, I would have voted ‘‘no.’’ In most cases, when we wish to in- braced by many Members is to tie U.S. PERSONAL EXPLANATION crease spending, we are presented with energy production to highway financ- Ms. SLAUGHTER. Mr. Speaker, I was un- a very difficult choice: whether to in- ing. On its face, this approach looks avoidably detained and missed rollcall vote crease taxes, as some would have us to like a win-win solution to both drive Nos. 358, 359, 360, 361, 362, 363, 364, 365, do, or reduce spending in other areas of down gas prices and allow for increased 366, 367, 368, 369, and 370. Had I been the Federal Government. But the case investment in transportation infra- present, I would have voted ‘‘aye’’ on rollcall before us today, the Federal highway structure. vote Nos. 360, and 369. Had I been present, system, is different from most Federal While I support language to author- I would have voted ‘‘no’’ on rollcall vote Nos. programs. ize the Keystone pipeline and other do- 358, 359, 361, 362, 363, 364, 365, 366, 367, Much of the spending in the under- mestic energy projects, I must caution 368, and 370. lying bill is filtered through the high- my colleagues about combining such way trust fund, which was built on a initiatives to pay for a transportation f unique principle of ‘‘user pays.’’ Unlike authorization. There are many regu- most government programs which rely latory hurdles that these projects must COMMUNICATION FROM THE on general tax revenues, the programs cross, as well as litigation, before they CLERK OF THE HOUSE which provide for new roads and high- come to fruition. I don’t agree with The SPEAKER pro tempore laid be- way improvements are paid for by these burdens, but they are a reality. fore the House the following commu- highway users through the 18.4 cents Even in the best case scenario, it will nication from the Clerk of the House of per gallon gas tax. It isn’t a perfect be years before we see any profits from Representatives: system, but it was created with a built- Keystone or any energy development in accountability measure in mind: OFFICE OF THE CLERK, that many of us would like to see us HOUSE OF REPRESENTATIVES, that the highway trust fund may only undertake. Washington, DC, June 7, 2012. give out in obligations the amount in Hon. JOHN A. BOEHNER, which it takes in through gas tax reve- Indeed, using potential energy pro- The Speaker, U.S. Capitol, House of Representa- nues. duction to pay for other priorities is tives, Washington, DC. Until recently, this principle worked not new in this body. In fact, the House DEAR MR. SPEAKER: Pursuant to the per- relatively well. But increasing con- has voted to allow development of the missions granted in Clause 2(h) of Rule II of resources in the Arctic National Wild- the Rules of the U.S. House of Representa- struction costs, stricter federally man- tives, the Clerk received the following mes- dated fuel efficiency standards, and a life Refuge more than 10 times since sage from the Secretary of the Senate on reluctance to increase the gas tax—es- 1995. But as many of us know, policies June 7, 2012 at 6:08 p.m.: pecially during an economic down- that are passed here in the House, or That the Senate passed S. 3261. turn—have led to a decrease in the even in both bodies, do not always take That the Senate passed without amend- highway trust fund’s purchasing power. effect as intended. ment H.R. 5883. None of these problems should have While I agree that our Nation’s infra- That the Senate passed without amend- ment H.R. 5890. been a surprise to Congress, Mr. Speak- structure needs significant help, we With best wishes, I am er, as many of them were direct results simply cannot allow ourselves to spend Sincerely, of actions taken by this body. Never- billions of dollars that we simply don’t KAREN L. HAAS. theless, these obstacles should have led have based on the promise of potential,

VerDate Mar 15 2010 06:25 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.071 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3653 unrealized energy revenues. That’s why lead Democratic sponsor on a balanced struct conferees, and urges you to vote I have brought this motion to the floor budget amendment which would force against this effort to slash funding for tonight. us to agree on ways to move toward fis- highways, transit, and safety pro- My motion to instruct would restore cal responsibility, including both reve- grams. The Chamber may consider in- the inherent limits which were built nues, which that side denies, and ex- cluding votes on or in relation to this into the highway trust fund originally. penditures. Broun amendment to instruct in our It would ask that the conferees only But when we look at expenditures, annual how they voted score card. obligate funds which are equal to what we need to discriminate between con- That’s good. I might end up at 5 per- the Congressional Budget Office sumption and investment. Investment cent or 10 percent because I am going projects that the government will take is transportation and infrastructure, to oppose it. A lot of time I’m kind of in via the Federal gas tax over the giving the United States of America a zero with the Chamber. So that’s good. course of fiscal year 2013. 21st century, competitive infrastruc- They get it. If my language were added to the ture system to compete with the rest There’s a long list of businesses and bill, it would return discipline to a bro- of the world. others that are opposed to this amend- ken program until either additional Our competitor nations get it. Chi- ment. They understand for America to real revenue becomes available or pol- na’s spending almost 10 percent of their compete in the modern 21st century icy changes are made which would re- gross domestic product on transpor- world we need an up-to-date transpor- lieve the pressure on the highway trust tation investment so they can be more tation system. We don’t have it, and fund. competitive, get their goods to market the 20th century system we have, the We are in a fiscal crisis, Mr. Speaker. more quickly, more efficiently, more legacy of Dwight David Eisenhower, a As a House Member, when I evaluate fuel efficiently, move their people more Republican President, is falling apart. legislation, I ask myself four questions. efficiently. At the levels the gentleman would The first, is it right? Is it moral? The India, 5 percent. Brazil, 6 percent. mandate with this motion to instruct, second, is it constitutional according United States of America, a little bit according to the Congressional Budget Office, there would be zero new invest- to the original intent of the Constitu- less than 1 percent—and the gentle- ment in the coming year. That is hun- tion? The third, is it needed? And the man’s amendment would cut it to zero dreds of thousands of jobs lost, oppor- fourth, can we afford it? for the next year. Yes, zero. Now, how does that happen? tunities lost. Given what the conferees are work- Now, I understand that on their side ing with, I can’t sign off on that last Well, the fact is that as we incur ob- ligations to spend money on infrastruc- of the aisle they’re having a very ro- question. It is simply not affordable. bust debate—I didn’t bring my poster We cannot continue to create more ture, there’s a tail, there’s a lag. We only reimburse the States once the tonight—about the issue of devolution. debt. And I’m not the only one who And devolution is a theory that the feels that way, Mr. Speaker. In fact, projects are finished. And it happens that, over the next year, the past obli- Federal Government shouldn’t be in- likewise, just 2 days ago, the U.S. volved in national transportation pol- Chamber of Commerce sent a letter to gations to which the Federal Govern- ment has committed, would equal the icy. It should be delegated to the 50 House Members earlier this week ex- States, and they should be responsible amount of money to which the gen- pressing its fear of an ‘‘impending fis- for paying for it. tleman would limit us, which would cal cliff.’’ In part, the letter states Well, guess what? We had that sys- that: mean no new investment in transpor- tem until 1956. Dwight David Eisen- America is accelerating toward a fiscal tation and infrastructure in this coun- hower and the surface transportation cliff while at the same time Congress and the try, despite the fact we have 150,000 legacy he gave us with the national President are ignoring a growing long-run bridges on the Federal system that are highway system. And I have a great fiscal imbalance. at the point of collapse or need sub- poster—I wish I’d brought it—which is Mr. Speaker, it seems clear to me stantial rehabilitation. a great photo from the air of the new, that passing the motion before us here We have 40 percent of the miles on brand new, spanking new, beautiful today would be an important step to- the national highway system that new Kansas Turnpike, 1956. And guess wards reining in spending and allowing don’t just need an overlay; they need what? us to step back from the precipice on to be dug up. They need to be totally It ends kind of abruptly, and you go, which we find ourselves, a precipice of rebuilt. And a $70 billion backlog on wow, what’s that line? Why does it end total economic collapse of our Nation. our transit system. That’s the 19th and there? Unfortunately, as with every other 20th century system, let alone a 21st Well, that was a farmer’s field in issue, the debate over transportation century transit them. Oklahoma, because Oklahoma said, spending has become ‘‘cuts for thee, And guess what? If we make these in- well, we’ll build our section too. We’ll but not for me.’’ The time for such vestments with the ‘‘Buy America’’ re- have a new, coordinated thing. But games has ended. My motion would at- quirements, which many on that side they said, well, we don’t have the tempt to rein in Federal spending and of the aisle are opposed to, we would money, and they couldn’t do it. And it hold us to our honest limits for now. put millions to work in this country. wasn’t done until the Eisenhower bill And if the best case scenario presents So we are, on this side, fighting for was adopted and we had a national in- itself down the road, all the better. more investment. There are many on vestment in a national transportation I urge my colleagues to support this that side fighting for reduced invest- highway system. motion, and I reserve the balance of ment. But this motion would actually They want to go back to the good old my time. propose zero, zero investment for the days, a 50-State system funded by the next year in transportation and infra- 50 States that’s disconnected. So b 1020 structure in America, with the deterio- freight comes into L.A., which is going Mr. DEFAZIO. Mr. Speaker, I yield rating system. And that’s somehow fis- to all of the Western United States, myself such time as I might consume. cally prudent. well, even some of it further to the Well, here we are in the dark of the The gentleman talked about the east, maybe, probably not all the way night, voting on what is really, for the Chamber of Commerce. Kind of inter- to Georgia, who knows. Some of it. And most part meaningless, which is a mo- esting because actually I have a letter well, I guess California would have to tion to instruct conferees, which is dated June 5, pretty recent, from the pay for moving all the freight for the nonbinding. But in this case, since this Chamber of Commerce: rest of the country. Well, maybe might indicate the intent of the major- Passing transportation reauthoriza- they’re not going to do that, and ity, should this motion prevail, this is tion legislation is a concrete step Con- maybe the other States aren’t going to a very significant discussion of the fu- gress and the administration can take do that under this kind of new, bizarre ture of our country. right now to support job, economic pro- theory of devolution. Now, the gentleman talked about ductivity without adding to the deficit. We need a 21st century, efficient, runaway spending, and we have some The Chamber strongly opposes the competitive, world-class national substantial agreement there. I was the Broun amendment, the motion to in- transportation system. The bill that

VerDate Mar 15 2010 06:25 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.177 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3654 CONGRESSIONAL RECORD — HOUSE June 7, 2012 the Senate passed won’t get us there. I who are 6 and 7. Their names are Till- borrowing 36 cents for it to operate. would vote for it. Won’t get us there. man and Cile Surratt, and they live in Similarly, no nation can survive that The bill that was proposed on the Re- Oconee County, Georgia. What we are either. As a result, America blew publican side of the aisle, which they doing here in this body and what we’ve through the $15 trillion accumulated couldn’t even get out of conference, been doing in the 5 years I’ve been here debt mark in November of last year. would move us backwards. This bill is creating more debt that they and This year, America is going to blow would take us back to essentially, not their children and their grandchildren through the $16 trillion debt mark. quite even Third World status because are going to have to pay. They’re going Mr. Speaker, the next chart reflects Third World countries are investing to live at a lower standard than we do spending for FY 2010 and FY 2011. In FY more of their GDP in transportation today. 2010, the cost of America’s debt service and infrastructure than us. It would be It’s because of this philosophy of Big was $196 billion. In FY 2011, the cost of Fourth World, formerly First World, Government spending; it’s because of a America’s debt service was $221 billion. vaulting over everybody else saying, philosophy of government knows best They’re relatively small slices of those hey, we’re just going to let it fall for America; and it’s a philosophy of pies. However, in just 1 year, the cost apart. We’re going to leave it up to the government is going to take away from to American taxpayers to service 50 States, and maybe they can get it those who are producing and creating America’s debt increased by $25 billion. together for a national system. Maybe jobs and give it to government bureau- To put that into perspective, $25 bil- they can’t. This is nuts. crats to try to tell us how to run our lion is more than NASA’s entire budg- With that, I reserve the balance of lives. et—and this is at record low interest my time. It has to stop. America is broke, and rates. If America’s creditors become as Mr. BROUN of Georgia. To begin we have to stop this deficit spending. insecure as the creditors of Greece, with, I yield myself as much time as I Where are the jobs? Spain, Italy, and any number of other may consume, and then I’ll yield to my We can create some part-time jobs. nations and if interest rates go up ac- good friend, MO BROOKS from Alabama. I’d like to see us have a transportation cordingly, America’s debt service But prior to yielding to Mr. BROOKS, bill. I’d like to see us have a 10-year would jump to the $800 billion-a-year I want to say that my good friend, who transportation bill based on highway range, making debt service more costly I have utmost admiration and good trust fund spending—nothing else—and than our entire budget for national de- feelings towards personally, my friend not going into debt any further. So the fense, our entire budget for Social Se- from Oregon is just factually incorrect. philosophy of my good friend from Or- curity, or our entire budget for Medi- If this motion to instruct is indeed put egon and his colleagues on the Demo- care. Consequently, if we had this into the conference report that, hope- cratic side is a philosophy of economic small slice of the pie increase to $800 fully, they will get out, there will con- failure as a Nation, and we’ve got to billion a year, every other service pro- tinue to be new investment in our in- stop it. vided by the Federal Government frastructure. The difference will be I would now like to yield 10 minutes would have to shrink. that we just won’t create any more to my good friend from Alabama (Mr. So that we are clear, reckless, out-of- debt. BROOKS). control spending is the cause of Amer- And the argument I got from my col- Mr. BROOKS. I support Representa- ica’s deficits. league on the other side just shows the tive BROUN’s motion to instruct. Let In fiscal year 2007, when NANCY very drastic difference in philosophy me explain why. PELOSI became House Speaker and between my Democratic colleagues and For six decades, America has been when HARRY REID became the Senate me and many on our side, and that’s the greatest Nation in history. We are Majority Leader, America spent $2.7 that it seems to me that the philos- blessed with a standard of living envied trillion. In FY 2011, America spent $3.6 ophy of the Democratic party is that by the world, a military unmatched in trillion. In just 4 years, Federal Gov- only government creates jobs. history, freedoms that others can only ernment spending went up $900 bil- The government doesn’t make any dream of. lion—a 33 percent increase. Simply money. They just take money from Why is America great? Because stated, there is no end in sight to those who are creating jobs and spend Americans before us sacrificed so that Washington’s reckless and irrespon- it on whatever government decides their children, their grandchildren, sible spending. that they want to spend it on. We spent their country would enjoy a better fu- Mr. Speaker, if Washington does not a tremendous amount of money, which ture. gain wisdom and backbone, if Wash- is going to wind up being over $1 tril- Our Founding Fathers exemplified ington does not change its reckless lion in a stimulus package that our America’s spirit when they stated in spending habit, then there will be an President gave us. And where are the the Declaration of Independence: American insolvency and bankruptcy. jobs? He created some temporary jobs. And for the support of this Declaration, For emphasis, the question is not ‘‘if.’’ Created even temporary infrastructure with a firm reliance on the protection of di- The questions are ‘‘when?’’ and ‘‘how jobs, but our economy is no better. vine Providence, we mutually pledge to each much damage will be done to our Na- The American people are asking, other our lives, our fortunes, and our sacred tion from that insolvency and bank- where are the jobs? Where’s the strong- honor. ruptcy?’’ President Obama’s Chairman er economy? In contrast, today’s Washington of the Joint Chiefs of Staff, Mike There is none. And there is none be- abandons America’s foundational prin- Mullen, gave insight when he stated, ‘‘I cause the philosophy of my Democratic ciples. Today’s Washington supports think the biggest threat we have to our colleagues just simply does not work. unsustainable spending binges that national security is our debt.’’ Socialism has never worked under any abandon our children and grand- And he is right. Already, America’s socialist particular regime in the his- children and America’s future. out-of-control spending threatens to tory of this Nation, and it’s not going Perhaps a refresher is needed to em- force the firing of 700,000 national de- to work under the socialistic regime of phasize America’s financial plight. fense personnel starting in a mere 7 Barack Obama and my Democratic col- Mr. Speaker, let me first direct your months, on January 1 of 2013. Let me leagues. attention to this deficit chart. As the emphasize that: threatened with 700,000 I believe in transportation. It’s one of chart reflects, America suffers from lost jobs. No enemy has ever under- the few truly constitutional functions three consecutive, record-breaking, mined America’s national defense so of the Federal Government under the and unsustainable trillion-dollar defi- badly. original intent. In our Founding Fa- cits, and we are in the midst of a But it does not end with the decima- thers’ time they called it a postal road fourth trillion-dollar deficit that is tion of America’s national defense, system. projected for this year. which may leave America at the mercy Think about that for a moment. of our enemies abroad. America’s insol- b 2230 In fiscal year 2011, Washington bor- vency and bankruptcy risk the elimi- But what I am against is creating rowed 36 cents for every dollar it spent. nation of Social Security and Medi- more debt for my two grandchildren, No household or business could survive care, thereby breaching our obligations

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.179 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3655 to our elderly and leaving them impov- senhower, the national highway sys- national, the Portland Cement Associa- erished and without medical care. tem, which is now falling apart; and tion, the Carpenters, and the U.S. To summarize the danger to Amer- Ronald Reagan put transit into the Chamber oppose this because it would ica, think back to the Great Depression highway trust fund, because we add to the depression that we have in in the 1930s and imagine how bad it shouldn’t neglect our urban areas and the construction cycle in the United would have been if then the Federal the needs of those people. States right now. We would not be able Government had been insolvent. As The effect of the Broun amendment to keep pace, and it would result in you do this, remember the result of the would be zero new Federal expenditures hundreds of thousands of jobs being Great Depression—an ensuing war that beginning October 1 next year on tran- lost. killed tens of millions of men, women, sit highways and other investments in We had a proposal that passed the and children worldwide. transportation in this country. You Senate with 74 votes—half the Repub- All of this brings me to PAUL BROUN’s can’t get around that. That’s what licans—that would enable us to have motion to instruct. The transportation they’re proposing. Because we have two construction cycles. The Repub- bill is a microcosm of what threatens past obligations and the way they’ve licans, who could not get the votes to America. We enjoy, roughly, $37 billion written, this would limit us to only even have the courage to bring their in expected highway revenue, yet some pay for past obligations, not any new proposal to the floor—it fell apart, hav- in Washington seek to spend, roughly, obligations. ing been brought to the Transportation $51 billion. That’s $14 billion a year They rattled on and prattled on a bit Committee. And I am a proud alumni that we don’t have. about the Obama stimulus. I voted member of that committee. For the Now, there are solutions to this against it. Why did I vote against it? first time in history, it was a blatantly budget gap that I could support. We Because 7 percent was transportation partisan bill that had never even had a could cut $14 billion in foreign aid and investment and 40 percent was tax hearing. They somehow got it out of spend it on American roads, but my cuts. And guess what? Those damn tax committee, and they got it out of our colleagues across the aisle oppose that. cuts didn’t put anybody back to work, Ways and Means Committee, but the We could cut welfare and stop paying and they won’t put anybody back to support within the Republican Party $14 billion a year to people to not work work in the future. That’s all you guys completely fell apart before it came to and instead pay $14 billion a year to want, is tax cuts. We need investment the floor. They were afraid to have it people to work on buildings and in our country. We need investment in voted on because it would have been bridges, but my colleagues across the moving people and goods. We need to defeated because it was bad for Amer- aisle oppose that. There are plenty of compete with the world, and you don’t ica. I had a list of 600 groups when I solutions out there, but simply bor- want to do it. That’s nuts. was arguing against it in our Ways and rowing another $14 billion a year we I yield such time as he may consume Means Committee that thought it was don’t have is not one of them. to the gentleman from Oregon (Mr. terrible policy. Mr. Speaker, I cannot in good con- BLUMENAUER). We requested the Republican leader- science support a transportation bill Mr. BLUMENAUER. I appreciate the ship to at least allow the Senate bill to that spends, roughly, $14 billion we gentleman’s courtesy in permitting me be voted on, and they were afraid to do don’t have, thereby accelerating Amer- to speak against this motion to in- that. So we’re in conference now mere- ica on its path to insolvency and bank- struct. ly because the Republicans just had a ruptcy. Mr. Speaker, I’ve been through this short-term extension, unwilling to In that vein, I thank Congressman movie before as a member of the Budg- allow this body—and I know there PAUL BROUN for filing his motion to in- et Committee. This is not new ground. would be a number of my Republican struct and for displaying the leadership When it was first unveiled before us friends who would have joined with us. America so sorely needs. Congressman and I looked at the transportation pro- Not a majority of Republicans, but BROUN is a man of principle. He has the visions, I asked the Republican staff to enough that it would have passed com- intellect to understand the economic pin down exactly the amount of money fortably, and we wouldn’t be caught in disaster that awaits America if Wash- that is available. This essentially is this Never Never Land. ington does not live within its means. what the Republican budget is, and it My good friend from Georgia is con- More importantly, Mr. BROUN has the was not enough to meet the current ob- cerned that his two grandchildren will backbone to do something about it. It ligations. It meant that there would be be facing debt. Well, the Republican is an honor to stand with Congressman no new programming. And now we’re budget would force us to increase the BROUN and to support his motion to in- bringing it to the floor with instruc- debt ceiling. It will force us to borrow struct. tions to make sure that this is what in order to have more unfunded tax Mr. DEFAZIO. I yield myself such the conference committee enacts. cuts, even while it undercuts invest- time as I may consume. Let us be clear. What my friend and ment in infrastructure. This was ad- I appreciate and I certainly do re- colleague from Oregon pointed out is mitted by the Republican chair of the spect the gentleman from Georgia, and that this is an opportunity for us to committee in our budget hearing yes- he is a gentleman, but let’s get a few empower the private sector. Repub- terday. He admits that it’s not going to things straight here. licans and Democrats alike have been balance any time in the foreseeable fu- We’re not talking about government visited time and time and time again— ture, and that it will require the in- jobs. We’re talking about private sec- first of all, you could hear from people crease in the debt ceiling. tor jobs. The Federal Government does in your district that the Recovery Act But there’s a very different philos- not build bridges. The Federal Govern- kept businesses afloat, kept people ophy. It has nothing to do with social- ment does not restore the condition of working, made a huge difference in ism. My Lord, I thought that the John our highways. The Federal Government every State in the union. Even though Birch claim that Dwight Eisenhower does not build transit vehicles or in- I agree with my colleague from Oregon was a Communist or a socialist was vest in transit systems. What the Fed- that it wasn’t enough infrastructure, discredited. The partnership we’ve had eral Government does is to invest with but the contractors, electrical contrac- with the highway trust fund and in- strong ‘‘buy America’’ provisions to tors, unions, and pavers were thankful vesting in America’s future is some- the best low-cost bidders to make and for it to help many of them not go out thing that is the opposite of socialism. restore these products to make Amer- of business. It is a public-private partnership that ica more competitive. The list of people who oppose this has involved people at all levels in gov- amendment are not opposing it because ernment in things that made a dif- b 2240 our proposal is socialism. To the con- ference. One of the things that underlays our trary. The Amalgamated Transit I had a meeting today with 80 stake- system, the most basic thing—I mean, Union, the American Coal Ash Associa- holders primarily from the private sec- George Washington, he started to build tion, the American Concrete Pavement tor, including environmentalists and canals; Abraham Lincoln, the trans- Association, the American General unions and businesses and trade asso- continental railway; Dwight David Ei- Contractors, the Laborers’ Inter- ciations, who are apoplectic over the

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.180 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3656 CONGRESSIONAL RECORD — HOUSE June 7, 2012 prospect that this House would go on wrong-headed approach, and get on In fact, we’ve had over $30 million record to shut down all new investment with the business of rebuilding and re- added to the Nation’s debt just since for the next year and further undercut newing America. we have been talking this evening and the opportunity of moving a bipartisan Mr. DEFAZIO. I thank the gen- the clock’s running right now; $50,000 Senate bill to at least give us two con- tleman. I would point out that the Sen- per American citizen in this country is struction cycles and move forward. ate, the proposed Senate bill, which we your share of the Nation’s debt. I agree that we need to be concerned could pass tonight, if we call people You know, back in July of 2010, my about a debt burden, and independent back, or tomorrow, or next week if we wife and I, we took our boys, it was analysis of why we’ve had an exploding stayed in town to work, but we have after a campaign, and we went out debt includes unfunded tax cuts. Re- breaks every other week now—39 legis- across the Nation. In 17 days we went member, Mr. DEFAZIO and I served here lative days until the election. America through 19 States, and we visited no when the big fear was that we were doesn’t have any problems. We don’t less than 11 national parks. Now, this going to pay off all government debt. need to be here. Right? Come on. was after the $1.2 trillion stimulus What would the insurance companies But the bottom line is the Senate bill package passed by President Obama in do? What would the pension plans do if would not create a penny of new debt the Democrat-controlled Congress. there wasn’t government debt to invest and would fund current levels of invest- But what did I see as I drove through in? This is part of the rationale for the ment, which are not what we need; but the 19 States of this country’s heart- Bush tax cuts of 2001 and 2002, because we could get by with that for 2 years land? Where did I see the construction we were looking at a $5.3 trillion sur- until we figure out a way to make projects on the road, the $1.2 trillion in plus. more robust investments. deficit spending to get the jobs we Well, they solved that problem. They The gentleman would reduce that in- never got? solved it with tax cuts, primarily for vestment to zero, zero, not exaggera- I saw the construction happening, people who need them the least. Yet, tion. That’s the Congressional Budget road construction happening on roads we have serious problems with increas- Office—zero. No Federal spending for leading into national parks. I didn’t see ing health care costs, and now they are transit, no Federal spending for high- it on the interstate highways that trying to dismantle the Affordable ways next year. That’s hundreds of would allow transportation of com- Care Act, which would actually, over 20 thousands, millions, probably a million merce around this land. I saw it in the years, start reining those costs in. jobs, probably 1.6 million, we would national parks. They had not one, but two unfunded sacrifice on the altar of what? Again, We’re $15.74 trillion in debt, and all wars, which my colleague and I from back to the principle, investment con- the gentleman is asking to do is let’s Oregon opposed. There is the collapse sumption. live within our means. Let’s collect the of the economy. Certainly you can understand that on highway tax, and let’s just spend that. It is interesting that Mr. Romney’s your side of the aisle. It’s been a Re- Let’s not continue to perpetuate deficit adviser, when there was criticism of publican tradition to invest in Amer- spending. But, you know, we throw the Romney record in Massachusetts ica, to invest in a more efficient trans- words around like ‘‘millions’’ and ‘‘bil- for debt and problems of job loss, said: portation system for America, to make lions’’ and ‘‘trillions’’ around this Na- Well, you know, part of that is that’s us more competitive in the world, to tion, and we lose track of what a tril- not really a good criterion, because a move our people and our goods more ef- lion is. lot of those jobs were lost in Governor ficiently, to avoid importing foreign But let me just tell you, if we decided Romney’s first year in office, and you fuel and all the other things we have to to get serious about paying back our shouldn’t count those. do with an inefficient system. This Nation’s creditors, and we did it at the would defy all that and say, no, United rate of $20 million a day, and we did b 2250 States of America, we’re not going to that every day, 7 days a week, 365 days There is a certain merit to that, but invest in our national transportation a year—and, ladies and gentlemen, lis- if you use the Romney standard of not system. ten up—if we did that every day of the being accountable for the first year as We’re going to devolve that to the 50 year, from the time Jesus Christ was Governor of Massachusetts, the prob- States. We’re going to go back to 1956 born until now, we have only paid back lems with employment and the prob- when one State decides to make an in- $14.9 trillion of our debt, less than what lems with the debt look much, much vestment and the other State doesn’t we owe, at the rate of $20 million a day, different, because this President inher- and the road ends at the border. I can’t for 746,000 days that it’s been. ited one of the worst situations in understand what this is all about. Now it’s time to get serious about American history. With that, I reserve the balance of what we’re doing in this country with It is important that we focus on my time. regard to revenue and with regard to where we need to go forward. We actu- Mr. BROUN of Georgia. Mr. Speaker, deficit spending. This the fourth year ally had a much higher percentage of may I inquire how much time remains in a row we will be in excess of a tril- the gross domestic product in public on both sides. lion dollars, spending a trillion dollars debt immediately after World War II. The SPEAKER pro tempore. The gen- more than we’re bringing in as a Na- It’s much higher than the debt burden tleman from Georgia has 10 minutes re- tion. All we’re doing on the Republican today. maining, and the gentleman from Or- side is saying, you know what, it’s How was that solved? Was it solved egon has 81⁄2 minutes remaining. time America lives within its means. by cutting taxes to zero? No. They had Mr. Speaker, I want to say my It’s time we have a balanced budget. much higher tax rates for 20 years friends from Oregon are just factually We need a balanced budget to the Na- until the Kennedy-Johnson tax cuts. incorrect. This would not cut out all tion’s Constitution to require this They invested in America, as my friend new spending, and they are using scare body, which shows no fiscal restraint, from Oregon pointed out. They in- tactics to promote their Big Govern- require this body to live within its vested in education for returning vet- ment agenda. means just like we have to do at home erans, they invested in the highway, I yield 5 minutes to my good friend, in our family budgets and our small the transcontinental highway fund, the gentleman from South Carolina, business budgets. It’s time to get seri- they invested in America’s future. JEFF DUNCAN. ous in this country about our Nation’s That’s what we should be doing now. Mr. DUNCAN of South Carolina. I debt and about what our deficit spend- The absolute worst thing, the worst want to thank my friend from Georgia ing means. thing would be to shut down invest- for yielding to me tonight. Quit spending money for jobs we ment this next year in transportation I think our colleagues on the other never got from the Obama stimulus and infrastructure. side of the aisle are in denial about package. That’s why companies from A to Z deficits and debt. What it means—I put Mr. DEFAZIO. I yield myself such oppose this motion to instruct. I hope, the debt clock right here in front for time as I may consume. instead, we pass the Senate bill, get 2 everyone to see, but if you can’t see it, The language limits the funding out years of construction cycle, reject this America is $15.74 trillion in debt. of the highway trust fund, including

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.183 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3657 the mass transit account for Federal simple as that. Here’s the money that It’s interesting that they’re on the aid highway and transit programs, to came in. All you can do is spend what wrong side from the Chamber of Com- amounts that do not exceed $37.5 bil- you have. merce, the Association of General Con- lion, about a third of the cost of the Imagine that concept. Imagine gov- tractors, and other groups that are in- continuing war in Afghanistan, which I ernment actually just following that credibly generous to them during the would like to bring to a close. But the simple concept. Here’s what came in. campaign season who think they’re existing obligations of the Federal That’s all you can spend. If we’d been very wrongheaded with this amend- Government for past construction, we doing that, we wouldn’t have this debt ment. reimburse States once the project is that Mr. DUNCAN so eloquently spoke This isn’t fancy language. I have the done, transit project, highway project, about. We wouldn’t have the problems statistics from the Department of bridge project, done, we reimburse we see. You can say all the things you Transportation. Over the next year, them. We don’t pay them in advance. want, but it is that simple. This is the Federal Government is legally obli- Our current obligations for the next apple pie, this is baseball. This is as gated for past construction projects au- year are $38.8 billion. plain as it gets. This is what every thorized under law to pay $38.8 billion So, if we limit the outlays to $37.5 family has to do. This is what every to the States. This amendment would billion, and we owe $38.8 billion to the small business has to do. This is what say we can spend no more than $37.5 States when they deliver their com- every township has to do. This is what billion in the coming year. That means pleted contracts in the coming year, every village has to do, every county we cannot even meet our legal obliga- that means we would have negative has to do, every city has to do, every tions for past construction which will spending on Federal investments in State has to do. The only entity that be completed by October 1. That means transportation and infrastructure. doesn’t have to do this is, Oh, by the an end to all Federal investment in While competitive nations around way, that entity that happens to have transportation in this country on Octo- the world are investing dramatically to a $16 trillion national debt. ber 1 for the next year. more efficiently move goods and peo- This is as simple as it gets. What you It’s not fancy language. It’s a fact. It ple, we would spend less than zero. take in is all you can spend. You can’t comes from the Congressional Budget I don’t know how we spend less than do what the politicians love to do: bor- Office, which the Republicans control, zero, but that’s what this amendment row from someone else. Borrow from and the Department of Transportation, would do. You keep prattling on about some other program, which means you which the Obama administration con- the Obama stimulus. I voted against it. have to sell bonds to run up the debt. trols. It’s pretty much the consensus in I was one of the few Democrats who You can’t do what politicians love to the business community, the Chamber did. I voted against it not because of do: spend more than you have. You can of Commerce, the Association of Gen- investment in infrastructure, but be- only spend what you have. eral Contractors, and everybody else. cause it didn’t invest in infrastructure. And yet the other side says, This is This would mean an end to investment The President talked about it. Larry terrible. This will ruin everything. for 1 year. That’s a minimum of 1.6 Summers hated infrastructure. This will make us Third World status. million jobs lost. It’s an incredible lost I’ll tell you what will make us Third opportunity for the future of our kids b 2300 World status is a debt larger than our and grandkids. Timmy Geithner hates infrastruc- GDP. That’s where Greece is. That’s You need to understand the dif- ture. Old-school Jason Furman, all his where they are. That’s what will make ference between—you’re supposedly the advisers, they hate it. Seven percent of us Third World status. party of business. It’s like people bor- the money we borrowed was invested in This is as simple and as plain as it row money when they’re in business if infrastructure. Seven percent of that can get, and I appreciate the courage of they have a good investment to make, $800-some billion dollars. And guess the gentleman to bring the motion for- if they can make their company more what? I can justify that borrowing be- ward to have this debate. This is a de- competitive. We can make our country cause I can say to my kids and my bate that we need to have in this coun- more competitive if we invest in our grandkids, We built that bridge, we try. If we can’t even limit spending in transportation infrastructure. If we ne- built that transit system, we built that this program to what comes in from glect it and people have to detour highway, and you’re still using it, and the dedicated revenue, if we can’t even around the 150,000 bridges that are it made America more competitive. do that, how are we ever going to cut weight-limited and about to collapse But over 40 percent was tax cuts. He spending elsewhere to get a handle on like the one in Minnesota, if they have adopted the Republican approach. How our deficit and our debt problem, if we to detour around the 40 percent of the many jobs did the tax cuts create? can’t even do this? deteriorated national highway system, Nada, zero, none. You guys want to do The American people get this. And if people can’t get to work or get killed more tax cuts, and you don’t want to you can try to confuse them with all like they did here in Washington, D.C., do any investment. That’s what this the fancy language you’ve heard from on a deficient mass transit system be- would lead us to. You want to continue the gentleman from Oregon—you can cause we have a $70 billion backlog, the Bush tax cuts—all of them—and try to—but the American people get it. and all of these investments, when you want to invest less than zero in I want to commend the gentleman made by the private sector, for the pri- Federal infrastructure. for offering his motion, and I plan on vate sector, and for the people of Amer- I reserve the balance of my time. supporting it tomorrow when we have a ica, are made in America. And you Mr. BROUN of Georgia. I am not sure vote. would defer instead to more tax cuts. where my friend gets his mathematics Mr. DEFAZIO. May I inquire as to I reserve the balance of my time. from, but it’s certainly not in reality. the time remaining? Mr. BROUN of Georgia. Mr. Speaker, I yield such time as he may consume The SPEAKER pro tempore. The gen- I have the right to close, and I am to my friend, the gentleman from Ohio tleman from Oregon has 6 minutes re- going to reserve the balance of my (Mr. JORDAN). maining. The gentleman from Georgia time until the time to close. Mr. JORDAN. I thank the gentleman has 31⁄2 minutes. Mr. DEFAZIO. How much time do I for yielding and I thank the gentleman Mr. DEFAZIO. I yield myself 3 min- have remaining? for offering his motion. We’ve heard all utes. Mr. BROUN of Georgia. The gen- kinds of emotional stuff and language Again, we’re failing to discriminate tleman from Oregon has 3 minutes re- here. But let’s just cut to the chase. between investment and consumption. maining. This doesn’t cut anything. It doesn’t The Republicans were all for consump- Mr. DEFAZIO. Again, I wish this slash anything. This is a motion to in- tive tax cuts, i.e., give people the wasn’t the dark of the night because struct conferees in the transportation money, they’ll spend it on consumer this is a debate America should and bill, the conferees on that legislation, goods, that will somehow put people would like to have. I’ll reiterate: the to limit spending in the transportation back to work, as opposed to investing United States Chamber of Commerce, legislation to the amount of money in the future of our country. That’s with whom I frequently disagree, that’s in the highway trust fund. It’s as what I’m talking about here. strongly opposes the Broun motion. We

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.185 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3658 CONGRESSIONAL RECORD — HOUSE June 7, 2012 have a long list of groups, private sec- The SPEAKER pro tempore. The I’m going to try very hard not to take tor business groups, who oppose this time of the gentleman has expired. this personally. I will not carry a motion because this is not about gov- Mr. DEFAZIO. This is reality. Invest grudge because I know, from my heart, ernment jobs. It’s about private sector in America. Why do you hate this we can disagree on issues, and I don’t jobs. This is not about government country so much? take it personally. But when he point- gone wild. The SPEAKER pro tempore. The ed at me and accused me of hating I wish it had been different. I wish time of the gentleman has expired. America, that’s the reason I asked for that the stimulus had been half as Mr. BROUN of Georgia. Mr. Speaker, his words to be taken down. large and 100 percent invested in the I was just charged by this gentleman And what I ask my colleagues in this infrastructure of this country. We for hating America, and I challenge House to do is look in their hearts, be- would have put millions more people those words, and I ask that his words cause we absolutely have to change the back to work, and we would be on the be taken down. way this House, this Congress, this road to recovery today. But instead, in The SPEAKER pro tempore. The gen- government is doing business. We can- deference to three Senate Republicans, tleman will be seated, and the Clerk not continue spending ourselves to ob- the President, who wanted to look bi- will report the words. livion, and that’s the way we’re head- partisan, gave in to six times as much Mr. BROUN of Georgia. Mr. Speaker, ed. money for tax cuts as investment in in- I withdraw my request. We need to create jobs. We need to frastructure. And you want to blame The SPEAKER pro tempore. The gen- create a strong economy. This has not infrastructure for the debt and the def- tleman’s demand is withdrawn. been about tax increases or tax de- icit, or the Obama failed stimulus? No, The gentleman is recognized for the creases, as has been accused tonight. guys, no. It’s your policies. We imple- remaining 3 minutes. This is about spending money that we mented them. And they don’t work. We Mr. DEFAZIO. Mr. Speaker, if the have, and no more. need to invest in the underpinnings of gentleman would yield for one second. I encourage my colleagues to please the country. Mr. BROUN of Georgia. I yield to the vote for this motion to instruct, and I When I was first elected to office, I gentleman for just one second. yield back the balance of my time. served with a very, very conservative Mr. DEFAZIO. Well, give me four, The SPEAKER pro tempore. All time Republican, a guy named Bill Rogers maybe. on the Lane County Commission, and for debate has expired. I did not mean to direct the remark Without objection, the previous ques- he would always say, Government’s for to you. It was a generic statement out two things. I’d say, What’s that, Bill? tion is ordered on the motion to in- of concern. struct. He’d say, Roads and rope. Roads and Mr. BROUN of Georgia. Well, the rope. That is public safety and infra- There was no objection. gentleman did obviously direct re- The SPEAKER pro tempore. The structure. marks towards me. He pointed at me And there has been bipartisan agree- question is on the motion to instruct. when he said: ‘‘Why do you hate Amer- ment since George Washington that The question was taken; and the ica so much?’’ the Federal Government has an obliga- Speaker pro tempore announced that I love my country. I’m a U.S. marine. tion to more efficiently move goods the ayes appeared to have it. I’m trying to save my country from fi- and people in this country. That’s a Mr. DEFAZIO. Mr. Speaker, on that I nancial collapse. And that’s what this long time before the incredibly com- demand the yeas and nays. is all about: stop spending money that petitive 21st century and what we’re The yeas and nays were ordered. we don’t have. dealing with today with our huge trade The SPEAKER pro tempore. Pursu- We’ve got to finish the projects that deficits and everything else. That was ant to clause 8 of rule XX, further pro- we’ve already started, those that have George Washington. ceedings on this question will be post- already been approved and funded, be- Abraham Lincoln, a Republic Presi- poned. dent: Build the transcontinental rail- fore we start dipping into the general fund. It’s estimated that we’ll have a way. Borrowed money to do it, by God. f What do you know? And then, Dwight shortfall of $8 billion to $9 billion if David Eisenhower, the National High- this motion to instruct is not put in CORRECTION TO THE CONGRES- way System, National Defense High- place. SIONAL RECORD OF WEDNES- way System. And Ronald Reagan: We We cannot afford the status quo. DAY, JUNE 6, 2012 AT PAGE H3575 need to invest in transit in our cities. Their argument is to continue spending money, continue down a road that is b 2310 going to cause a financial collapse of And you would turn back the clock this Nation, in my opinion. PUBLICATION OF BUDGETARY to pre-George Washington and say the b 2330 MATERIAL 50 States—we didn’t have States then, but, you know, you guys are going to We need to create jobs. We need to REVISIONS TO THE AGGREGATES AND ALLOCA- at least allow us to keep federalism get this country going economically. TIONS OF THE FISCAL YEAR 2013 BUDGET RESO- and that intact. But ‘‘they should cre- The policies of this administration LUTION RELATED TO LEGISLATION REPORTED ate somehow a Federal system. They have not worked. Policies that were BY THE COMMITTEE ON WAYS AND MEANS should coordinate. They should raise put forward while NANCY PELOSI was Mr. RYAN of Wisconsin. Mr. Speaker, pur- the money. This is not an obligation of Speaker of this House, with the stim- suant to section 503 of H. Con. Res. 112, the the Federal Government.’’ ulus bill and other big spending bills House-passed budget resolution for fiscal year This is not imaginary. This is not just have been essentially abject fail- 2013, deemed to be in force by H. Res. 614 play. It’s not ideology. It’s simple hard ures. and H. Res. 643, I hereby submit for printing numbers and facts. The number you We cannot continue spending money in the CONGRESSIONAL RECORD revisions to would allow for the next year is defi- that we don’t have, and that’s the rea- the budget allocations and aggregates set cient to the previous obligations. son I brought this motion forward, a forth pursuant to the budget for fiscal year Now, I know you guys took us—and motion to instruct the conferees to 2013. The revision is designated for the there are a number of you on that side spend—continue transportation fund- Health Care Cost Reduction Act of 2012, H.R. who say, hey, it doesn’t matter if the ing, continue building our transpor- 436. A correponding table is attached. Government of the United States of tation infrastructure, which I think is This revision represents an adjustment pur- America defaults. I think it does. I’ve absolutely critical for economic devel- suant to sections 302 and 311 of the Congres- been good for my debts. I think our opment. But creating more debt is not sional Budget Act of 1974 (Budget Act). For country has got to be good for our the answer. the purposes of the Budget Act, these revised debts. And I think we would be in a dis- I resent being accused of hating aggregates and allocations are to be consid- aster if we weren’t. America, and it angers me when I’m ered as aggregates and allocations included in So you can say that. Oh, yeah, you accused, personally accused by some- the budget resolution, pursuant to section 101 know, it’s meaningless. It’s facts. body that I thought was a friend. And of H. Con. Res. 112.

VerDate Mar 15 2010 06:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4634 Sfmt 9920 E:\CR\FM\K07JN7.187 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3659 BUDGET AGGREGATES H.R. 4097. To amend the John F. Kennedy porations [FAC 2005-59; FAR Case 2012-013; [On-budget amounts, in millions of dollars] Center Act to authorize appropriations for Item I; Docket 2012-0013, Sequence 1] (RIN: the John F. Kennedy Center for the Per- 9000-AM22) received May 16, 2012, pursuant to Fiscal year forming Arts, and for other purposes. 5 U.S.C. 801(a)(1)(A); to the Committee on f Oversight and Government Reform. 2012 2013 2013–2022 6370. A letter from the Senior Procurement Current Aggregates: ADJOURNMENT Executive/Deputy Chief Acquisition Officer, Budget Authority ...... 2,858,503 2,799,329 1 General Services Administration, transmit- Outlays ...... 2,947,662 2,891,863 1 Mr. BROUN of Georgia. Mr. Speaker, ting the Administration’s final rule — Fed- Revenues ...... 1,877,839 2,260,625 32,439,140 I move that the House do now adjourn. Change for the Health eral Acquisition Regulation; Revision of Cost Care Cost Reduction The motion was agreed to; accord- Accounting Standards Threshold [FAC 2005- Act (H.R. 436): ingly (at 11 o’clock and 35 minutes 59; FAR Case 2012-003; Item III; Docket 2012- Budget Authority ...... 0 0 1 Outlays ...... 0 0 1 p.m.), the House adjourned until to- 0003, Sequence 1] (RIN: 9000-AM25) received Revenues ...... 0 ¥2,103 ¥22,627 morrow, Friday, June 8, 2012, at 9 a.m. May 16, 2012, pursuant to 5 U.S.C. Revised Aggregates: 801(a)(1)(A); to the Committee on Oversight Budget Authority ...... 2,858,503 2,799,329 1 f Outlays ...... 2,947,662 2,891,863 1 and Government Reform. Revenues ...... 1,877,839 2,258,522 32,416,513 EXECUTIVE COMMUNICATIONS, 6371. A letter from the Senior Procurement Executive/Deputy Chief Acquisition Officer, 1 Not applicable becuause annual appropriations Acts for fiscal years ETC. 2013 through 2022 will not be considered until future sessions of Congress. General Services Administration, transmit- Under clause 2 of rule XIV, executive ting the Administration’s final rule — Fed- f communications were taken from the eral Acquisition Regulation; Free Trade LEAVE OF ABSENCE Speaker’s table and referred as follows: Agreement-Columbia [FAC 2005-9; FAR Case 6362. A letter from the Assistant General 2012-012; Item II Docket 2012-0012, Sequence 1] By unanimous consent, leave of ab- (RIN: 9000-AM24) received May 16, 2012, pur- sence was granted to: Counsel for Legislation, Regulation and En- ergy Efficiency, Department of Energy, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BILIRAKIS (at the request of Mr. transmitting the Department’s final rule — mittee on Oversight and Government Re- CANTOR) for today on account of per- Energy Conservation Program: Test Proce- form. 6372. A letter from the Senior Procurement sonal reasons. dures for Electric Motors and Small Electric Executive/Deputy Chief Acquisition Officer, Mr. MARINO (at the request of Mr. Motors [Docket No.: EERE-2008-BT-TP-0008] General Services Administration, transmit- (RIN: 1904-AC05) received May 7, 2012, pursu- CANTOR) for today on account of per- ting the Administration’s final rule — Fed- ant to 5 U.S.C. 801(a)(1)(A); to the Committee sonal reasons. eral Acquisition Regulation; Federal Acqui- on Energy and Commerce. sition Circular 2005-59; Introduction [Docket f 6363. A letter from the Chief, Policy and FAR 2012-0080, Sequence 4] received May 4, Rules, OET, Federal Communications Com- SENATE BILL REFERRED 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the mission, transmitting the Commission’s Committee on Oversight and Government A bill of the Senate of the following final rule — Unlicensed Operation in the TV title was taken from the Speaker’s Reform. Broadcast Bands; Additional Spectrum for 6373. A letter from the Attorney-Advisor, table and, under the rule, referred as Unlicensed Devices Below 900 MHz and in the Department of Homeland Security, transmit- follows: 3 GHz Band [ET Docket No. 04-186; ET Dock- ting the Department’s final rule — Special S. 3261. An act to allow the Chief of the et No. 02-380] received May 9, 2012, pursuant Local Regulation for Marine Events; Tem- Forest Service to award certain contracts for to 5 U.S.C. 801(a)(1)(A); to the Committee on porary Change of Dates for Recurring Marine large air tankers to the Committee of Agri- Energy and Commerce. Events in the Fifth Coast Guard District, culture. 6364. A letter from the General Counsel, Ocean City Maryland Offshore Grand Prix, Federal Energy Regulatory Commission, f Ocean City, MD [Docket No.: USCG-2012-0046] transmitting the Commission’s final rule — (RIN: 1625-AA08) received May 14, 2012, pursu- SENATE ENROLLED BILLS SIGNED Transmission Planning Reliability Stand- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ards [Docket No.: RM11-18-000; Order No. 762] on Transportation and Infrastructure. The Speaker announced his signature received May 15, 2012, pursuant to 5 U.S.C. 6374. A letter from the Attorney-Advisor, to enrolled bills of the Senate of the 801(a)(1)(A); to the Committee on Energy and Department of Homeland Security, transmit- following titles: Commerce. ting the Department’s final rule — Special 6365. A letter from the Director, Office of S. 292. An act to resolve the claims of the Local Regulation; Wy-Hi Rowing Regatta, Congressional Affairs, Nuclear Regulatory Bering Straits Native Corporation and the Trenton Channel; Detroit River, Wyandotte, Commission, transmitting the Commission’s State of the Alaska to land adjacent to MI [Docket No.: USCG-2012-0342] (RIN: 1625- final rule — Access Authorization Fees Salmon Lake in the State of Alaska and to AA08) received May 14, 2012, pursuant to 5 [NRC-2011-0161] (RIN: 3150-AJ00) received provide for the conveyance to the Bering U.S.C. 801(a)(1)(A); to the Committee on May 9, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Straits Native Corporation of certain other Transportation and Infrastructure. to the Committee on Energy and Commerce. public land in partial satisfaction of the land 6375. A letter from the Attorney, Depart- 6366. A letter from the Director, Office of entitlement of the Corporation under the ment of Homeland Security, transmitting Congressional Affairs, Nuclear Regulatory Alaska Native Claims Settlement Act. the Department’s final rule — Safety Zone; Commission, transmitting the Commission’s S. 363. An act to authorize the Secretary of Crowley Barge 750-2; Bayou Casotte; final rule — Aging Management of Stainless Commerce to convey property of the Na- Pascagoula, MS [Docket No.: USCG-2012-0190] Steel Structures and Components in Treated tional Oceanic and Atmospheric Administra- (RIN: 1625-AA00) received May 14, 2012, pursu- Borated Water [LR-ISG-2011-01] received May tion to the City of Pascagoula, Mississippi, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 16, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to and for other purposes. on Transportation and Infrastructure. the Committee on Energy and Commerce. 6376. A letter from the Attorney-Advisor, f 6367. A letter from the Director, Office of Department of Homeland Security, transmit- Congressional Affairs, Nuclear Regulatory BILLS PRESENTED TO THE ting the Department’s final rule — Special Commission, transmitting the Commission’s Local Regulation; Smokin the Lake; Gulf- PRESIDENT final rule — Filing a Renewed License Appli- port Lake; Gulfport, MS [Docket No.: USCG- Karen L. Haas, Clerk of the House, cation [Docket No.: PRM-54-6; NRC-2010-0291] 2012-0168] (RIN: 1625-AA08) received May 14, reported that on May 31, 2012, she pre- received May 16, 2012, pursuant to 5 U.S.C. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the sented to the President of the United 801(a)(1)(A); to the Committee on Energy and Committee on Transportation and Infra- Commerce. States, for his approval, the following structure. 6368. A letter from the General Counsel, 6377. A letter from the Senior Program An- bills. Federal Retirement Thrift Investment alyst, Department of Transportation, trans- H.R. 5740. To extend the National Flood In- Board, transmitting the Board’s final rule — mitting the Department’s final rule — Re- surance Program, and for other purposes. Roth Feature to the Thrift Savings Plan and moval of Category IIIa, IIIb, and IIIc Defini- H.R. 3992. To allow otherwise eligible Miscellaneous Uniformed Services Account tions; Delay of Effective Date and Reopening Israeli nationals to receive E–2 non- Amendments received May 1, 2012, pursuant of Comment Period [Docket No.: FAA-2012- immigrant visas if similarly situated United to 5 U.S.C. 801(a)(1)(A); to the Committee on 0019; Amdt. No. 1-67] (RIN: 2120-AK03) re- States nationals are eligible for similar non- Oversight and Government Reform. ceived May 15, 2012, pursuant to 5 U.S.C. immigrant status in Israel. 6369. A letter from the Senior Procurement 801(a)(1)(A); to the Committee on Transpor- H.R. 2947. To provide for the release of the Executive/Deputy Chief Acquisition Officer, tation and Infrastructure. reversionary interest held by the United General Services Administration, transmit- 6378. A letter from the Regulatory Ombuds- States in certain land conveyed by the ting the Administration’s final rule — Fed- man, Department of Transportation, trans- United States in 1950 for the establishment eral Acquisition Regulation; Prohibition on mitting the Department’s final rule — of an airport in Cook County, Minnesota. Contracting with Inverted Domestic Cor- Amendment to Agency Rules of Practice

VerDate Mar 15 2010 05:37 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.092 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H3660 CONGRESSIONAL RECORD — HOUSE June 7, 2012 [Docket No.: FMCSA-2011-0259] (RIN: 2126- other relevant Federal departments and eign goods imported into the United States; AB38) received May 1, 2012, pursuant to 5 agencies, to produce a report on enhancing to the Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on the competitiveness of the United States in By Mr. CLYBURN: Transportation and Infrastructure. attracting foreign direct investment, and for H.R. 5921. A bill to extend the temporary 6379. A letter from the Director of Regula- other purposes; to the Committee on Energy suspension of duty on Primid QM-1260; to the tion Policy and Management, Office of Gen- and Commerce. Committee on Ways and Means. eral Counsel, Department of Veterans Af- By Mr. SULLIVAN (for himself, Mr. By Mr. CLYBURN: fairs, transmitting the Department’s final MURPHY of Pennsylvania, Mr. LONG, H.R. 5922. A bill to extend the temporary rule — Copayments for Medications in 2012 Mrs. NOEM, Mr. SCHOCK, Mr. BOREN, suspension of duty on Primid XL-552; to the (RIN: 2900-AO28) May 9, 2012, pursuant to 5 Mr. LUCAS, Mr. COLE, Mr. LANKFORD, Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on Vet- and Mr. BOSWELL): By Mr. HASTINGS of Florida: erans’ Affairs. H.R. 5911. A bill to amend the Toxic Sub- H.R. 5923. A bill to direct the Secretary of 6380. A letter from the Chief, Publications stances Control Act relating to lead-based the Interior to establish a grant program to and Regulations, Internal Revenue Service, paint renovation and remodeling activities; eradicate non-native constrictor snakes from transmitting the Service’s final rule — Sec- to the Committee on Energy and Commerce. ecosystems in which they exist in sustain- tion 42 Qualified Contract Provisions [TD By Mr. COLE (for himself, Mr. able populations, and for other purposes; to 9587] (RIN: 1545-BD20) received May 4, 2012, FITZPATRICK, Mr. CAMPBELL, Mr. the Committee on Natural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PAUL, Mr. BARTLETT, Mr. FLEMING, By Mr. MACK: mittee on Ways and Means. Mr. LANDRY, Mr. YODER, Mr. KING- H.R. 5924. A bill to provide that no United States assistance may be provided to Paki- f STON, Mr. WEBSTER, Mr. LAMBORN, Mr. SOUTHERLAND, Mr. JORDAN, Mr. stan until Dr. Shakil Afridi is freed; to the PUBLIC BILLS AND RESOLUTIONS GOHMERT, Mr. BROUN of Georgia, Mrs. Committee on Foreign Affairs. Under clause 2 of rule XII, public SCHMIDT, Mr. PITTS, Mr. PAULSEN, By Mr. AUSTIN SCOTT of Georgia: H.R. 5925. A bill to protect individual pri- bills and resolutions of the following Mrs. LUMMIS, Mr. CHABOT, Mr. ISSA, Mr. FLEISCHMANN, Mr. QUAYLE, Mrs. vacy against unwarranted governmental in- titles were introduced and severally re- trusion through the use of the unmanned ferred, as follows: NOEM, Mr. MCCLINTOCK, Mr. CANSECO, and Mr. GRIFFIN of Arkansas): aerial vehicles commonly called drones, and By Ms. SCHAKOWSKY (for herself, H.R. 5912. A bill to amend the Internal Rev- for other purposes; to the Committee on the Mrs. LOWEY, Mr. BERMAN, Mr. ACKER- enue Code of 1986 to prohibit the use of pub- Judiciary. MAN, Ms. BASS of California, Ms. lic funds for political party conventions, and By Mr. STIVERS: BORDALLO, Mrs. CAPPS, Mr. CARNA- to provide for the return of previously dis- H.R. 5926. A bill to authorize and request HAN, Ms. CLARKE of New York, Ms. tributed funds for deficit reduction; to the the President to award the Medal of Honor DELAURO, Mr. FRANK of Massachu- Committee on House Administration. posthumously to Major Dominic S. Gentile setts, Mr. GRIJALVA, Mr. HINCHEY, By Mr. MCCAUL (for himself, Mr. of the United States Army Air Forces for Ms. JACKSON LEE of Texas, Mr. LAR- KEATING, and Mr. LONG): acts of valor during World War II; to the SON of Connecticut, Ms. LEE of Cali- H.R. 5913. A bill to create an independent Committee on Armed Services. fornia, Mrs. MALONEY, Ms. MCCOL- advisory panel to comprehensively assess the By Mr. TONKO: LUM, Mr. MCGOVERN, Mr. GEORGE management structure and capabilities re- H.R. 5927. A bill to authorize the Secretary MILLER of California, Ms. MOORE, Mr. lated to the Department of Homeland Secu- of Interior to carry out projects and conduct MORAN, Mr. MURPHY of Connecticut, rity and make recommendations to improve research on water resources in the Hudson- Mrs. NAPOLITANO, Ms. NORTON, Mr. the efficiency and effectiveness of the man- Mohawk River Basin, to establish a Hudson- RANGEL, Ms. RICHARDSON, Mr. SHER- agement of the Department; to the Com- Mohawk River Basin Commission, and for MAN, Ms. SLAUGHTER, Ms. SPEIER, Mr. mittee on Homeland Security. other purposes; to the Committee on Natural STARK, Ms. WASSERMAN SCHULTZ, Ms. By Mr. ROE of Tennessee: Resources, and in addition to the Committee WOOLSEY, Mr. LEWIS of Georgia, Ms. H.R. 5914. A bill to authorize the National on Transportation and Infrastructure, for a EDWARDS, Mr. LARSEN of Washington, Desert Storm Memorial Association to es- period to be subsequently determined by the Mr. CICILLINE, Ms. HIRONO, Mr. tablish the National Desert Storm and Speaker, in each case for consideration of OLVER, Ms. DEGETTE, and Mr. Desert Shield Memorial as a commemorative such provisions as fall within the jurisdic- WELCH): work in the District of Columbia, and for tion of the committee concerned. H.R. 5905. A bill to combat international other purposes; to the Committee on Natural By Mr. YOUNG of Alaska: violence against women and girls; to the Resources. H.R. 5928. A bill to designate a peak in the Committee on Foreign Affairs. By Mr. KELLY: State of Alaska as ‘‘Mount Chosin Few‘‘; to By Mr. POLIS (for himself, Ms. MCCOL- H.R. 5915. A bill to amend the Fair Labor the Committee on Natural Resources. LUM, Mr. OWENS, Mr. ROSS of Arkan- Standards Act to exempt marketing research By Mr. RIGELL: sas, Mr. CAPUANO, Mrs. DAVIS of Cali- participants and mystery shoppers from cer- H. Res. 680. A resolution expressing the fornia, Mr. SHERMAN, and Mr. KIND): tain provisions of that Act; to the Com- sense of the House of Representatives that, H.R. 5906. A bill to amend the Internal Rev- mittee on Education and the Workforce. as part of any agreement on Medicare re- enue Code of 1986 to repeal the excise tax on By Mr. CARNAHAN (for himself, Mr. form, Medicare should not be changed for medical devices; to the Committee on Ways HOLT, Mr. MORAN, Mr. LIPINSKI, Mr. any citizens of the United States over the and Means. ENGEL, Ms. EDDIE BERNICE JOHNSON age of 55 and any agreement should provide By Mr. COSTA: of Texas, Mr. MILLER of North Caro- a detailed plan to reduce waste, fraud, and H.R. 5907. A bill to modify the boundary of lina, Ms. ROS-LEHTINEN, Mr. abuse in the program; to the Committee on Yosemite National Park, and for other pur- CICILLINE, Ms. NORTON, and Mrs. Ways and Means, and in addition to the Com- poses; to the Committee on Natural Re- BIGGERT): mittee on Energy and Commerce, for a pe- sources. H.R. 5916. A bill to provide for the estab- riod to be subsequently determined by the By Ms. BALDWIN: lishment of a body to identify and coordinate Speaker, in each case for consideration of H.R. 5908. A bill to require the Federal international science and technology co- such provisions as fall within the jurisdic- Government to buy paper and paper products operation that can strengthen the domestic tion of the committee concerned. from American sources; to the Committee on science and technology enterprise and sup- By Mr. DOYLE: Oversight and Government Reform. port United States foreign policy goals; to H. Res. 681. A resolution expressing support By Mr. CUMMINGS: the Committee on Science, Space, and Tech- for designation of the Thursday before H.R. 5909. A bill to improve access to oral nology. Thanksgiving as Children’s Grief Awareness health care for vulnerable and underserved By Mr. CLYBURN: Day; to the Committee on Education and the populations; to the Committee on Energy H.R. 5917. A bill to suspend temporarily the Workforce. and Commerce, and in addition to the Com- duty on 4,4’-Diamino-2,2’-stilbenedisulfonic By Ms. NORTON: mittees on Ways and Means, the Judiciary, acid; to the Committee on Ways and Means. H. Res. 682. A resolution expressing the Natural Resources, Veterans’ Affairs, and By Mr. CLYBURN: sense of the House of Representatives sup- Armed Services, for a period to be subse- H.R. 5918. A bill to extend the temporary porting the Federal workforce; to the Com- quently determined by the Speaker, in each suspension of duty on Grilamid TR 90; to the mittee on Oversight and Government Re- case for consideration of such provisions as Committee on Ways and Means. form. fall within the jurisdiction of the committee By Mr. CLYBURN: f concerned. H.R. 5919. A bill to extend the temporary CONSTITUTIONAL AUTHORITY By Mr. DOLD (for himself, Mr. PETERS, suspension of duty on Grilbond IL 6-50%F; to STATEMENT Mr. ROSKAM, Mr. BARROW, Mr. the Committee on Ways and Means. Pursuant to clause 7 of rule XII of HULTGREN, Mr. HANNA, Mr. SCHOCK, By Mr. CLARKE of Michigan (for him- and Mr. RENACCI): self and Mr. STIVERS): the Rules of the House of Representa- H.R. 5910. A bill to direct the Secretary of H.R. 5920. A bill to create jobs and promote tives, the following statements are sub- Commerce, in coordination with the heads of fair trade by increasing duties on certain for- mitted regarding the specific powers

VerDate Mar 15 2010 06:38 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\L07JN7.000 H07JNPT1 rfrederick on DSK6SPTVN1PROD with HOUSE June 7, 2012 CONGRESSIONAL RECORD — HOUSE H3661 granted to Congress in the Constitu- Congress has the power to enact this legis- the power to address personal privacy, Arti- tion to enact the accompanying bill or lation pursuant to the following: cle 1, Section 8, Clause 18 designates to Con- joint resolution. Article I, Section 8, Clause 3 gress the power the make all laws necessary By Mr. CARNAHAN: and proper for carrying into and protecting By Ms. SCHAKOWSKY: H.R. 5916. against all powers vested by the Constitu- H.R. 5905. Congress has the power to enact this legis- tion of the United States. This bill would be Congress has the power to enact this legis- lation pursuant to the following: necessary and proper for securing the rights lation pursuant to the following: Article I, Section 1. ‘‘All legislative Powers guaranteed to the people in the 4th Amend- The constitutional authority on which this herein granted shall be vested in a Congress ment. bill rests is the powers of Congress, as enu- of the United States, which shall consist of a By Mr. STIVERS: merated in Article I, Section 8. Senate and a House of Representatives.’’ H.R. 5926. By Mr. POLIS: By Mr. CLYBURN: Congress has the power to enact this legis- H.R. 5906. H.R. 5917. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, Section 8 of the United States lation pursuant to the following: lation pursuant to the following: Constitution (Clauses 12, 13, 14, and 16), Article 1, Section 8. Article I, Section 8, of the U.S. Constitu- which grants Congress the power to raise and By Mr. COSTA: tion. support an Army; to provide and maintain a H.R. 5907. By Mr. CLYBURN: Navy; to make rules for the government and Congress has the power to enact this legis- H.R. 5918. regulation of the land and naval forces; and lation pursuant to the following: Congress has the power to enact this legis- to provide for organizing, arming, and dis- Article IV, Section 3 of the United States lation pursuant to the following: ciplining the militia. Constitution. Article I, Section 8, of the U.S. Constitu- By Mr. TONKO: By Ms. BALDWIN: tion. H.R. 5927. H.R. 5908. By Mr. CLYBURN: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 5919. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 1, Article 1, Section 8 lation pursuant to the following: All legislative Powers herein granted shall By Mr. CUMMINGS: Article I, Section 8, of the U.S. Constitu- be vested in a Congress of the United States, H.R. 5909. tion. which shall consist of a Senate and House of Congress has the power to enact this legis- By Mr. CLARKE of Michigan: Representatives. lation pursuant to the following: Article 1, Section 8, Clause 1: ‘‘The Con- H.R. 5920. By Mr. YOUNG of Alaska: gress shall have Power To lay and collect Congress has the power to enact this legis- H.R. 5928. Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: Congress has the power to enact this legis- the Debts and provide for the common Congress’ power to regulate Commerce lation pursuant to the following: Defence and general Welfare of the United with foreign Nations under Article I, Section Article IV, Section 3, Clause 2 States; but all Duties, Imposts and Excises 8, clause 3 of the Constitution. The Congress shall have Power to dispose shall be uniform throughout the United By Mr. CLYBURN: of and make all needful Rules and Regula- States’’ H.R. 5921. tions respecting the Territory or other Prop- By Mr. DOLD: Congress has the power to enact this legis- erty belonging to the United States; and H.R. 5910. lation pursuant to the following: nothing in this Constitution shall be so con- Congress has the power to enact this legis- Article I, Section 8, of the U.S. Con- strued as to Prejudice any Claims of the lation pursuant to the following: stitution. United States, or of any particular State. Article 1, Section 8, clause 3, which pro- By Mr. CLYBURN: f vides Congress the power to ‘‘regulate com- H.R. 5922. merce with foreign Nations and among the Congress has the power to enact this legis- ADDITIONAL SPONSORS several States.’’ lation pursuant to the following: Under clause 7 of rule XII, sponsors Article I, Section 8, of the U.S. Constitu- By Mr. SULLIVAN: were added to public bills and resolu- H.R. 5911. tion. Congress has the power to enact this legis- By Mr. HASTINGS of Florida: tions as follows: lation pursuant to the following: H.R. 5923. H.R. 303: Mr. BISHOP of Utah. Article I, Section 8, Clause 3 of the United Congress has the power to enact this legis- H.R. 451: Mr. CALVERT and Mr. MCCOTTER. States Constitution lation pursuant to the following: H.R. 459: Mr. DIAZ-BALART, Mr. FLEMING, By Mr. COLE: Article I, Section 8 and Mr. JORDAN. H.R. 5912. By Mr. MACK: H.R. 640: Mr. SCHIFF and Mr. RYAN of Ohio. Congress has the power to enact this legis- H.R. 5924. H.R. 653: Mr. PRICE of North Carolina. lation pursuant to the following: Congress has the power to enact this legis- H.R. 719: Mr. GIBSON and Mr. HASTINGS of Amendment XVI to the United States Con- lation pursuant to the following: Washington. stitution. Article 1 Section 8 Clause 3: To regulate H.R. 890: Mr. MICA. Additionally, since the Constitution does Commerce with foreign Nations, and among H.R. 891: Mr. SCOTT of Virginia. not provide Congress with the power to pro- the several States, and with the Indian H.R. 965: Mr. MEEKS. vide financial support to U.S. political par- Tribes; and Clause 18: To make all Laws H.R. 997: Mrs. ELLMERS. ties, the general repeal of the Presidential which shall be necessary and proper for car- H.R. 1063: Ms. HERRERA BEUTLER. Election Campaign Fund for this purpose is rying into Execution the foregoing Powers, H.R. 1236: Mr. WEST. consistent with the powers that are reserved and all other Powers vested by this Constitu- H.R. 1244: Ms. PINGREE of Maine. to the States and to the people as expressed tion in the Government of the United States, H.R. 1283: Mr. BISHOP of Utah. in Amendments IX and X to the United or in any Department or Officer thereof; and H.R. 1464: Mr. BURTON of Indiana and Ms. States Constitution. Article 1 Section 9 Clause 7: No Money shall BORDALLO. Further, Article I Section 8 defines the be drawn from the Treasury, but in Con- H.R. 1489: Mr. TONKO and Mr. MCGOVERN. scope and powers of Congress and does not sequence of Appropriations made by Law; H.R. 1533: Mr. GIBBS. include this concept of taxation in further- and a regular Statement and Account of the H.R. 1581: Mr. STIVERS. ance of funding U.S. political parties within Receipts and Expenditures of all public H.R. 1639: Mr. KING of New York and Mr. the expressed powers. Money shall be published from time to time. LANGEVIN. By Mr. MCCAUL: By Mr. AUSTIN SCOTT of Georgia: H.R. 1675: Mr. LATTA, Mr. HUNTER, and Ms. H.R. 5913. H.R. 5925. DEGETTE. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1755: Mr. CLAY and Mr. ISRAEL. lation pursuant to the following: lation pursuant to the following: H.R. 1802: Mr. KING of Iowa. article 1 clause 8 section 18 Amendment 4, clause 1, of the United H.R. 1878: Mr. AL GREEN of Texas. By Mr. ROE of Tennessee: States Constitution states that ‘‘the right of H.R. 1955: Ms. CASTOR of Florida. H.R. 5914. the people to be secure in their persons, H.R. 1956: Mr. THORNBERRY. Congress has the power to enact this legis- houses, papers, and effects, against unrea- H.R. 1971: Mr. DAVID SCOTT of Georgia. lation pursuant to the following: sonable searches and seizures, shall not be H.R. 2012: Ms. JACKSON LEE of Texas. The constitutional authority on which this violated, and no Warrants shall issue, but H.R. 2022: Ms. JACKSON LEE of Texas. bill rests is the power of Congress as stated upon probable cause, supported by Oath or H.R. 2108: Mr. PRICE of Georgia. in Article 1, Section 8, Clause 17 of the affirmation, and particularly describing the H.R. 2123: Mr. ROSS of Arkansas. United States Constitution. place to be searched, and the persons or H.R. 2140: Mr. HOLT. By Mr. KELLY: things to be seized.’’ Although the Constitu- H.R. 2268: Mr. CONYERS, Ms. BORDALLO, and H.R. 5915. tion does not specifically designate Congress Mr. RIVERA.

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H.R. 2599: Mr. MORAN. H.R. 3993: Mr. HEINRICH. H.R. 5839: Mr. RIVERA. H.R. 2655: Mr. HONDA. H.R. 4004: Mr. SCHRADER and Mr. ANDREWS. H.R. 5864: Mr. LATOURETTE, Mr. HASTINGS H.R. 2705: Mr. COURTNEY. H.R. 4078: Mr. MILLER of Florida. of Florida and Mrs. CAPPS. H.R. 2751: Ms. CHU. H.R. 4115: Mrs. EMERSON. H.R. 5871: Mr. ANDREWS. H.R. 2774: Mr. CARTER. H.R. 4152: Ms. RICHARDSON. H.R. 5873: Mr. AUSTIN SCOTT of Georgia, H.R. 2861: Ms. NORTON, Mr. RANGEL, and H.R. 4155: Mr. COURTNEY and Ms. CHU. Mr. HANNA, Mrs. ROBY, Mr. DEFAZIO, Mr. Mrs. MALONEY. H.R. 4209: Mr. MORAN. REHBERG and Mrs. HARTZLER. H.R. 2913: Mr. CICILLINE. H.R. 4215: Mr. DAVID SCOTT of Georgia. H.J. Res. 110: Mr. ROKITA. H.R. 2962: Mr. COURTNEY, Mr. LOBIONDO, H.R. 4269: Mr. HUNTER and Mr. ROKITA. H. Con. Res. 119: Ms. HAHN, Mr. STARK and and Mr. BLUMENAUER. H.R. 4287: Ms. LORETTA SANCHEZ of Cali- Mr. DAVIS of Illinois. H.R. 2969: Mr. GRIMM. fornia, Mr. KIND, Mr. GARAMENDI, Ms. SUT- H. Res. 177: Ms. WILSON of Florida and Mr. H.R. 2978: Mr. DENHAM. TON, Mr. LEWIS of Georgia, Ms. BONAMICI, Mr. ACKERMAN. H.R. 3015: Mrs. MALONEY, Mr. MARKEY, Ms. CARNAHAN, Ms. BASS of California, Mr. JOHN- H. Res. 220: Mr. CRITZ. JACKSON LEE of Texas, Mr. JACKSON of Illi- SON of Georgia, Mr. MICHAUD, Mr. WAXMAN, H. Res. 289: Mrs. MALONEY and Ms. WOOL- nois, Mr. BOSWELL, and Mr. LEWIS of Geor- Mr. COURTNEY, Mr. AL GREEN of Texas, Ms. SEY. gia. CHU and Mr. SCHILLING. H. Res. 298: Mr. LONG, Mr. ROKITA and Mr. H.R. 3036: Mr. OWENS and Mr. MCGOVERN. H.R. 4306: Mr. CLARKE of Michigan. BOSWELL. H.R. 3086: Mr. PERLMUTTER and Mr. H.R. 4313: Mr. KING of Iowa, Mr. MCKINLEY H. Res. 506: Mr. ENGEL and Ms. ESHOO. GUINTA. and Mr. BOREN. H. Res. 609: Mr. CAPUANO. H.R. 3109: Mr. THOMPSON of California. H.R. 4323: Ms. BASS of California. H. Res. 618: Mr. MCGOVERN, Mr. LARSEN of H.R. 3187: Mr. JOHNSON of Ohio, Ms. WILSON H.R. 4325: Ms. CHU. Washington, Ms. FUDGE and Ms. CHU. of Florida, Mr. HEINRICH and Mr. CLEAVER. H.R. 4350: Mr. MCKINLEY and Mr. CUM- H. Res. 623: Mr. BOREN, Mr. BARROW, Mr. H.R. 3238: Mr. HASTINGS of Florida, Ms. CHU MINGS. COSTA, Mr. MICHAUD, Mr. PETERSON, and Mr. and Mr. RYAN of Ohio. H.R. 4362: Mr. COHEN, Mrs. LOWEY and Mr. SCHRADER. H.R. 3264: Mr. FLAKE. COFFMAN of Colorado. H. Res. 640: Ms. BORDALLO and Ms. LEE of H.R. 3307: Mr. HASTINGS of Florida. H.R. 4367: Mr. WALDEN, Mr. GARAMENDI, California. H.R. 3337: Mr. RANGEL, Mr. BACA, Mr. Mr. DONNELLY of Indiana, Mr. DENHAM, Mr. H. Res. 650: Mr. FRELINGHUYSEN. LUETKEMEYER and Ms. LEE of California. WATT, Mr. GINGREY of Georgia and Mr. BAR- H. Res. 651: Mr. CARSON of Indiana. H.R. 3352: Mr. LATOURETTE. ROW. H. Res. 665: Ms. HIRONO. H.R. 3356: Mr. PAUL. H.R. 4381: Mr. MILLER of Florida and Mrs. H.R. 3364: Mr. WALBERG. CAPITO. f H.R. 3399: Mr. STEARNS. H.R. 4382: Mrs. CAPITO and Mr. CONAWAY. H.R. 3423: Mr. JOHNSON of Ohio. H.R. 4402: Mr. SOUTHERLAND, Mr. LAMBORN, AMENDMENTS H.R. 3429: Mr. HARPER. Mr. FLAKE and Mr. LUETKEMEYER. Under clause 8 of rule XVIII, pro- H.R. 3461: Mr. LABRADOR, Mr. COOPER, Mr. H.R. 4470: Mr. ENGEL. posed amendments were submitted as POE of Texas, Mr. KINZINGER of Illinois, Mr. H.R. 4971: Mr. POE of Texas. follows: YOUNG of Alaska, Mr. AUSTRIA, Mr. REYES H.R. 4972: Mr. MCGOVERN and Mrs. MALO- and Mr. SMITH of Texas. NEY. H.R. 5855 H.R. 3474: Mr. ROSKAM. H.R. 5157: Mr. MILLER of North Carolina OFFERED BY: MR. CROWLEY H.R. 3486: Mr. AL GREEN of Texas. and Mr. DANIEL E. LUNGREN of California. AMENDMENT NO. 17: At the end of the bill H.R. 3510: Mr. THOMPSON of California and H.R. 5186: Mr. TIERNEY. (before the short title), insert the following: Mr. NUGENT. H.R. 5188: Mr. KUCINICH and Mr. SERRANO. SEC. ll. It is the sense of Congress that H.R. 3591: Mr. ROSS of Arkansas, Mr. H.R. 5331: Ms. BASS of California. the Department of Homeland Security DOYLE, Mr. VISCLOSKY and Mr. ALTMIRE. H.R. 5542: Mr. HONDA. should increase coordination with India on H.R. 3618: Mr. LARSEN of Washington and H.R. 5646: Mrs. BLACK and Mr. LUETKE- efforts to prevent terrorist attacks in the Mr. MEEKS. MEYER. United States and India. H.R. 3619: Mr. MCGOVERN and Ms. WATERS. H.R. 5731: Mrs. ROBY, Mr. NUNNELEE and H.R. 5855 H.R. 3643: Mr. FLAKE. Mr. KLINE. H.R. 3661: Mr. PAULSEN, Ms. LEE of Cali- H.R. 5746: Mr. REED, Mr. SMITH of Nebraska OFFERED BY: MR. BARLETTA fornia, Mr. LATOURETTE, Mr. DOLD, Mr. TUR- and Mr. MARCHANT. AMENDMENT NO. 18: At the end of the bill NER of Ohio, Mr. CLAY and Mr. WALZ of Min- H.R. 5747: Mr. BUTTERFIELD and Mr. WALZ (before the short title) insert the following: nesota. of Minnesota. SEC. lll. None of the funds made avail- H.R. 3679: Ms. HERRERA BEUTLER. H.R. 5789: Mr. MCGOVERN. able by this Act may be used in contraven- H.R. 3803: Mr. SHUSTER. H.R. 5796: Mr. COURTNEY and Mr. TOWNS. tion of section 642(a) of the Illegal Immigra- H.R. 3860: Ms. NORTON and Mr. CONYERS. H.R. 5822: Mrs. MYRICK. tion Reform and Immigrant Responsibility H.R. 3862: Mr. MILLER of Florida. H.R. 5825: Mr. MCGOVERN. Act of 1996 (8 U.S.C. 1373(a)).

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Vol. 158 WASHINGTON, THURSDAY, JUNE 7, 2012 No. 85 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform DEBBIE STABENOW, chairman of that called to order by the Honorable TOM the duties of the Chair. committee, and PAT ROBERTS from UDALL, a Senator from the State of DANIEL K. INOUYE, Kansas, who in the past has been chair- New Mexico. President pro tempore. man of the committee and is ranking Mr. UDALL of New Mexico thereupon member of the committee today. They PRAYER assumed the chair as Acting President have come up with a very good bill. It The Chaplain, Dr. Barry C. Black, of- pro tempore. saves the country $23 billion. It gets rid fered the following prayer: f of a lot of wasted subsidies. It is a fine piece of legislation. Let us pray. RECOGNITION OF THE MAJORITY We hear the hue and cry constantly Lord, You reign in robust majesty, LEADER and we face our labors with joy in from our Republican friends to do knowing that You are always with us. The ACTING PRESIDENT pro tem- something about the debt. This bill We rely on Your word and celebrate pore. The majority leader is recog- does it. It saves the country $23 billion. Your holiness, mercy, and love. nized. We are going to have a cloture vote on Use our Senators today to accom- f the ability for us to proceed to the bill, and on the ability for us to start legis- plish Your will on Earth. Help them to AGRICULTURE REFORM, FOOD, lating. remember that You desire to use them AND JOBS ACT OF 2012—MOTION I don’t need to give a lecture to the to speak and live for You, so that oth- TO PROCEED—Resumed ers may find in them the way to You. Presiding Officer about how vexatious Be their defender and the keeper of Mr. REID. Mr. President, I move to this is, that we have to do this every body and soul all the days of their proceed to Calendar No. 415, S. 3240. time. The Presiding Officer wanted to lives. Imbue their minds with Your vi- The ACTING PRESIDENT pro tem- do something to change this process at sion of what is best for our Nation and pore. The clerk will report the motion. the beginning of this Congress. I will world. The bill clerk read as follows: bet, Mr. President, if we maintain our We pray in Your faithful Name. Motion to proceed to Calendar No. 415, S. majority—and I feel quite confident we Amen. 3240, a bill to reauthorize the agricultural can do that and the President is re- programs through 2017, and for other pur- elected—there are going to be some f poses. changes. We can no longer go through PLEDGE OF ALLEGIANCE SCHEDULE this on every bill. There are filibusters Mr. REID. Mr. President, we are now on bills they agree with. It is a waste The Honorable TOM UDALL led the on the motion to proceed to the farm Pledge of Allegiance, as follows: of time to prevent us from getting bill. things done. So enough on that. It is I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- such a terrible waste of our time. United States of America, and to the Repub- pore. The Senator is correct. lic for which it stands, one nation under God, MEASURES PLACED ON THE CALENDAR—S. 3268 indivisible, with liberty and justice for all. Mr. REID. Mr. President, the time AND S. 3269 until 10:30 a.m. will be equally divided Mr. REID. Mr. President, there are f between the two leaders or their des- two bills at the desk due for a second APPOINTMENT OF ACTING ignees. At 10:30 a.m. there will be a clo- reading. PRESIDENT PRO TEMPORE ture vote on the motion to proceed to The ACTING PRESIDENT pro tem- the farm bill. We hope we can reach pore. The leader is correct. The clerk The PRESIDING OFFICER. The agreements on the amendments today. clerk will please read a communication will read the titles of the bills for the The hour following the cloture vote second time. to the Senate from the President pro will be equally divided, with the Re- tempore (Mr. INOUYE). The bill clerk read as follows: publicans controlling the first half and A bill (S. 3268) to amend title 49, United The bill clerk read the following let- the majority controlling the final half. ter. States Code, to provide rights for pilots, and Mr. President, here we are again on other purposes. U.S. SENATE, these endless, wasted weeks because A bill (S. 3269) to provide that no United PRESIDENT PRO TEMPORE, the Republicans are preventing us from States assistance may be provided to Paki- Washington, DC, June 7, 2012. stan until Dr. Shakil Afridi is freed. To the Senate: going to legislation. We should have Under the provisions of rule I, paragraph 3, been legislating on this bill. This is a Mr. REID. Mr. President, I would ob- of the Standing Rules of the Senate, I hereby bipartisan bill. It is managed by two ject to any further proceedings with re- appoint the Honorable TOM UDALL, a Senator very good Senators. One is a Democrat, spect to these bills, en bloc.

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

S3803

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VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.000 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3804 CONGRESSIONAL RECORD — SENATE June 7, 2012 The ACTING PRESIDENT pro tem- pay for the extension of the current tax This is the time to prevent this un- pore. Objection having been heard, the rates for student loans for another year certainty and the largest tax increase bills will be placed on the calendar that you yourself previously rec- in American history—right in the mid- under rule XIV. ommended. The only people dragging dle of a very fragile economy. It really Mr. REID. Mr. President, would the their feet on the issue are over at the doesn’t make any sense to do other- Chair announce the business of the White House itself—dragging their feet wise. Let’s extend all the current tax day. to fit in yet another college visit. relief right now—before the election. RESERVATION OF LEADER TIME Republicans here in Congress have Let’s show the American people we are The PRESIDING OFFICER. Under been crystal clear on this issue for actually listening to them. Let’s send a the previous order, the leadership time weeks. We are ready to resolve the message that in these challenging eco- is reserved. Under the previous order, issue. It is time the President showed nomic times, taxes won’t be going up the time until 10:30 a.m. will be equally some leadership and worked with Con- for anyone at the end of this year. And divided and controlled between the two gress to provide the certainty young let’s not stop there. Let’s tackle funda- leaders or their designees. people and their parents need. I encour- mental, progrowth tax reform. This is Mr. REID. Mr. President, I ask unan- age the President, if he really wants to something upon which there is bipar- imous consent that the Chair start do something to help students, to join tisan agreement. I think we all agree it calling the roll, with the time equally us in working to find a solution. This is has been over 25 years since we did divided. really pretty easy. We all agree that we comprehensive tax reform in this coun- The ACTING PRESIDENT pro tem- ought to extend the current student try. It is time to do that again. We all pore. Without objection, it is so or- loan rates for a year. agree on that. The President thinks dered. We have recommended to you, Mr. that and Republicans and Democrats in The clerk will call the roll. President, the way to pay for it that the Congress think that. The time to The bill clerk proceeded to call the you have already adopted. This isn’t act is now. If the President is serious roll. hard. about turning the economy around, Every day he is silent on solutions is Mr. MCCONNELL. Mr. President, I preventing taxes from going up at the ask unanimous consent that the order another day closer to the rapidly ap- end of the year is one bipartisan step for the quorum call be rescinded. proaching deadline here at the end of he could take right now. The ACTING PRESIDENT pro tem- the month. Mr. President, I yield the floor. pore. Without objection, it is so or- TAX RATE EXTENSION The ACTING PRESIDENT pro tem- dered. Mr. President, I stood with the pore. The Senator from Michigan. Speaker of the House yesterday and his Ms. STABENOW. Mr. President, RECOGNITION OF THE MINORITY LEADER conference leadership and called for at today the Senate will vote to move for- The PRESIDING OFFICER. The mi- least a 1-year extension of current tax ward on the Agriculture Reform, Food, nority leader is recognized. rates to provide certainty to families and Jobs Act, also known as the farm STUDENT LOANS and job creators around the country bill. I hope my colleagues will vote to Mr. MCCONNELL. Mr. President, it that their taxes will not be going up on join us and begin the debate officially has been a week now since the Repub- January 1. on this important jobs bill because it is lican leadership in the Senate and the In the Obama economy, we are facing so important to 16 million people who House sent several good-faith, bipar- a looming fiscal crisis that some have get their jobs from agriculture. tisan proposals to the White House in called the most predictable in history. Our economy has seen some tough an effort to resolve the student loan Millions are unemployed, millions times, as we all know. Certainly we issue. And what has the White House more are underemployed, and the coun- know that in Michigan. But agri- done? Absolutely nothing. The Presi- try is facing the largest tax hike in his- culture has been one of the really dent has not yet responded. One can tory at the end of this year. bright spots. It is an underpinning of only surmise he is delaying a solution This tax hike the President wants our economic recovery, and we want to so he can fit in a few more campaign would hit hundreds of thousands of keep it that way. If we fail to pass a rallies with college students while pre- small businesses. To put that in per- new farm bill before the current one tending someone other than himself is spective, this tax hike would hit job expires in September, it would cause actually delaying action. creators who employ up to 25 percent widespread uncertainty and result in Today the President is taking time of our workforce, and we really can’t job losses in a very important part of out of his busy fundraising schedule to allow that to happen. I think we all our economy that is critical to keeping hold an event at UNLV, where, once know we cannot allow that to happen. our recovery going. again, he will use students as props in The economy is far too fragile right Agriculture is one of the only parts yet another speech calling on Congress now. of the economy, if not the only part, to act. What the President won’t tell Former President Bill Clinton said that has a trade surplus—$42.5 billion these students is that the House has al- we are in an economic recession, and in 2011—the highest annual surplus on ready acted and that Republicans in earlier this week, before the Obama record. We know that for every $1 bil- both Chambers are ready to work on campaign got to him, he was for tem- lion in exports, 8,400 people are work- solutions as soon as the President can porarily extending current tax rates. ing. So this is a jobs bill. take the time. All the President has to Yesterday the Democratic Senate Thanks to the farm bill, tonight do is to pick up his mail, choose one of Budget Committee chairman came out American families will sit down around the bipartisan proposals we laid out in and said he was for temporarily extend- the kitchen table and enjoy the bounty a letter to him last week—proposals he ing current tax rates. And I would re- of the world’s safest, most abundant, has already shown he supports, with mind everyone that it was the Presi- and most affordable food supply. I pay-fors he has recommended—and dent himself in December of 2010 who think it is too easy for all of us to take then announce to the students that the said that you don’t raise taxes in a that for granted. The men and women problem has been solved. down economy. Well, the economy is who work hard from sunrise to sunset Unfortunately, the President is ap- slower now than it was when he last every day to put that food on our ta- parently more interested in cam- agreed with us to extend current tax bles deserve the economic certainty paigning for the students at UNLV law back in December of 2010. In fact, this bill provides. than actually working with Congress the rate of growth in our economy is The farm bill before us today makes to find a solution. slower now than it was in December major reforms. We are cutting sub- Mr. President, I would suggest you 2010 when the President agreed with us sidies. We are ending direct payments. open your mail. Just open your mail, that at that point we ought to do a 2- We cut the deficit by over $23 billion. and you will find a letter there from year extension of the current tax rates. As my friend and ranking member has the Speaker and from the majority We are experiencing slower growth now said, this is voluntary. This is a real leader in the House and from Senator than then. The same arguments apply cut, as my budget chairman would say, KYL and myself laying out a way to now. and it is more than double what was

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.002 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3805 recommended in the Simpson-Bowles maximize Federal, State, local, and bill: that it only benefits a handful of Commission. So this is serious. This is private investment so that smalltown wealthy farm and ranch families. The real. And we in agriculture—the first mayors—such as those who came be- truth is much different. The critics, authorizing committee to recommend fore our committee—across the coun- who often look down their noses at real deficit reduction cuts—are serious try can actually understand and use hard-working farm families who feed about making sure we are doing our the programs. We are simplifying it. this country, do not seem to under- part and that the families and ranchers We are going from 11 different defini- stand the competition farmers face in and people involved in agriculture are tions of ‘‘rural’’ down to 1 so that it is the international arena and what an doing their part as well. They are will- simple and clear and so that smalltown extraordinary success this farm policy ing to do that. We have to have eco- mayors and local officials have better has been. nomic certainty because we are talking tools to use to support their commu- The simple fact is, our agricultural about creating jobs all across America, nities. policy benefits every consumer in in rural areas and in urban areas. Finally, let me say one more time America. As a share of disposable in- This farm bill gives farmers new ex- that this bill is a jobs bill. Sixteen mil- come, Americans have the cheapest port opportunities so they can find new lion people work in this country be- food in the history of the world. Ameri- global markets for their goods and cre- cause of agriculture. We are creating cans spend less than 10 percent of their ate jobs. This farm bill helps family jobs. We are cutting subsidies. We are disposable income on food, which is far farmers sell locally. We are tripling reducing our deficit by over $23 billion. less than any other country. As the support for farmers markets, which are I hope our colleagues will join with us Senator, the chairwoman of the com- growing all over this country, and new this morning in a very strong vote to mittee, Ms. STABENOW, says very clear- food hubs to connect farms with move forward on this bill. ly, this is not only good for consumers, schools and other community-based or- Can the Chair announce the time re- this is a jobs bill. Sixteen million peo- ganizations. maining on both sides? ple in this country have jobs because of This farm bill provides training and The ACTING PRESIDENT pro tem- an agricultural policy that has been a mentoring and access to capital for pore. There is 18 minutes on the Repub- stunning success. It is also a bill that helps us compete new and beginning farmers to get their lican side and 111⁄2 minutes on the operations off the ground. The bill real- Democratic side. around the rest of the world. The 2008 ly is about the future of agriculture in Ms. STABENOW. Let me first yield, farm bill has been a tremendous suc- cess by any measure—record farm in- our country. As I have said so many if I might—I know Senator NELSON also come, record exports, record job cre- times, this is not your father’s farm wishes to speak—7 minutes, if that is ation. That is the history of the 2008 bill. This is about the future. appropriate, to our distinguished budg- We had three young farmers visiting et leader. bill. It has contributed to the strong economic performance of American ag- with Senator ROBERTS and me yester- In introducing the Senator from day, and I can tell my colleagues they North Dakota, I wish to say that we riculture. As you may recall, it passed with an overwhelming bipartisan ma- were so impressive—I feel very con- would not have the thoughtful ap- jority and it was paid for. It was paid fident about the future—but they were proach on the alternative in the com- for. We actually reduced a little bit of saying loudly and clearly that we need modity title that we have today—we the deficit with that legislation. know we are going to be working more to get this done now so they can plan That strong safety net created by the for themselves and their families. to strengthen that as we move through 2008 bill has enabled American farmers We are also for the first time offering the process, but we would not have the to continue to produce food for our Na- new support and opportunities for our strong risk-based approach we have tion, even while facing tremendous veterans who are coming home. The without the senior Senator from North market and weather risks. majority of those who have served us Dakota, our budget chairman. We also Critics of farm policy also imply that in such a brave and honorable way in would not have the energy title we the farm bill is busting the budget. Iraq and Afghanistan come from small have that creates jobs without his That is simply false. Farm bill spend- towns all across America, and they are amendment and his hard work. Frank- ing is only a tiny sliver of the overall now coming home. Many of them want ly, this is somebody whom I looked to Federal budget. Total outlays for the the opportunity to stay at home, to be on every page of the farm bill because new farm bill are about 2 percent of able to go into farming, to be able to of his wonderful expertise. total Federal spending; and of the farm have their roots back in their commu- I have to say one more time that I bill spending, only about 14 percent—14 nities. We are setting up new support am going to personally and, as a Sen- percent—goes to commodity and crop in this farm bill to support our vet- ator and chair of the committee, great- insurance programs. The vast majority erans coming home. ly miss him when he leaves at the end of the spending in this bill goes for nu- The farm bill supports America’s of the year. I think I may be locking trition. Mr. President, 79 percent of the growing biomanufacturing businesses, the door so he can’t leave. spending in this bill goes for nutrition where companies use agricultural prod- So I yield 7 minutes to the Senator programs. Only 14 percent goes for ucts instead of petroleum to manufac- from North Dakota. what could traditionally be considered ture products for consumers. I am so The ACTING PRESIDENT pro tem- farm programs. The farm provisions excited about this because in my State pore. The Senator from North Dakota. constitute less than one-third of 1 per- of Michigan, we make things and grow Mr. CONRAD. Mr. President, I want cent of total Federal spending. That is things, and biomanufacturing is about to say that the Senator has provided a bargain for American consumers and bringing that together. As we move brilliant leadership on this legislation. taxpayers. through this bill, I look forward to I am in my 26th year here. I have never The truth is, our producers face stiff talking more about that. seen a chairwoman so personally and international competition. In 2010, our This bill moves beyond corn-based directly engaged to make legislation major competitors—the Europeans— ethanol into the next generation of happen in an extraordinarily difficult outspent us almost 4 to 1 in providing biofuels that use agricultural waste and challenging environment. support for their farmers and ranchers. products and nonfood crops for energy. When the history of this legislation And the EU is not the only culprit. This bill provides a new, innovative is written, Senator STABENOW, the Brazil, Argentina, China, and others way to support agricultural research— chairwoman of our committee, will be are gaining unfair market advantages the men and women who every day in the front rank of those who made through hidden subsidies such as cur- fight back against pests and diseases this happen. I want to express my grat- rency manipulation, market access re- that threaten our food supply—with a itude to her on behalf of farm and strictions, and input subsidies that the new public-private research foundation ranch families all across America for WTO is incapable of disciplining. to stretch every dollar and get the the extraordinary leadership she has The reality is that farming is a risky most results. provided. business. Not only do farmers and We extend rural development with a Farm policy has many critics, and ranchers have to deal with unfair glob- new priority for those proposing to they perpetuate a myth about the farm al competition, they also have to face

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That is twice as much and it is just as vital that we make hard. as the Simpson-Bowles fiscal commis- sure these programs continue to work So there has not been anybody else sion recommended—twice the savings for American producers and consumers. who has come forward and said: Here is that the Simpson-Bowles commission Mr. President, how much time do I real deficit reduction. That is why we recommended. In so doing, the com- have remaining? should support the motion to proceed. mittee has provided more than its fair The PRESIDING OFFICER (Mr. We have made the tough decisions be- share of fixing this country’s deficit MANCHIN). The Senator’s time has ex- cause that is what you do in rural and debt problems. If the rest of the pired. America—whether it is in Michigan, committees of Congress did what this Mr. CONRAD. I thank the chair- Kansas, the Dakotas, or Nebraska. Be- committee has done under the leader- woman and I thank the Presiding Offi- cause that is what you do when budgets ship of Senator STABENOW, there would cer. are tight and you need to get things be no deficit and debt problem. That is Mr. ROBERTS. Mr. President, how done. a fact. much time do we have on the Repub- Those in rural America are also why This is also a reform bill. This is the lican side? we need to get this bill done. The cur- strongest reform bill that has gone The PRESIDING OFFICER. Eighteen rent law expires September 30. How through a committee of Congress in minutes. many things around here are in purga- the history of farm legislation, and the Mr. ROBERTS. Eighteen? tory? Tax extenders, the tax bill, what chairwoman and ranking member can The PRESIDING OFFICER. Eight- we call the tax cliff that we are looking be incredibly proud of the leadership een. at over here if we do not get things they have provided. Mr. ROBERTS. I thank the Presiding done, the specter of a lameduck Con- This legislation streamlines con- Officer. gress—in 3 weeks trying to get things servation programs, reducing the num- Mr. President, I yield myself 6 min- done like that. And you put folks in ber of programs, and making them sim- utes. purgatory where they cannot make any pler to understand and administer. It The PRESIDING OFFICER. The Sen- decisions. reauthorizes important nutrition pro- ator is recognized. Well, it would be a disaster in rural grams for 5 years, helping millions of Mr. ROBERTS. Mr. President, I rise America if we do not pass this law be- Americans. today in support of the cloture vote on fore we revert back to the permanent I also want to thank Senator LUGAR the motion to proceed to the farm bill. 1949 law. That law in no way reflects and Senator HARKIN and the eight Let me point out what the distin- current production or domestic and other sponsors on the Ag Committee guished chairwoman and the distin- international markets. And I would for joining me in an amendment to guished Senator who has just spoken say, even if we extend the current law, continue funding for key rural energy have already pointed out—and it bears it does not reflect what we need as of programs. We are spending almost $1 repeating; I know it is somewhat repet- today. That law goes back to base billion a day importing foreign energy. itive if people have been paying atten- acres of 25 years ago. We are talking How much better off would we be as a tion to the remarks we have had here about planted acres as of today. So ba- Nation if that money stayed here in prior to this vote—but this is a reform sically it would be government-con- the United States, instead of looking bill at a time in which reforms are de- trolled agriculture on steroids, and it to the Middle East, if we could look to manded. It saves $23.6 billion in manda- would also mean that virtually all pro- the Midwest for our energy supplies? tory spending. They are real cuts. They grams in the current law would expire. This legislation will help move us in are real deficit savings. It accom- We cannot let that happen. We need that direction. plishes this by reforming, reducing, certainty. Farmers need certainty. In addition, I want to thank Senator and streamlining programs. Ranchers need certainty. Bankers need BAUCUS and Senator HOEVEN for work- We eliminate four commodity pro- certainty. Everybody up and down ing with me to pass an amendment grams. These programs are very dif- every Main Street in rural America that will improve the bill for farmers ficult to go through at the FSA office, needs certainty. Agribusiness needs in our part of the country. I am also the Farm Service Agency we have. So certainty. We need it because our farm- pleased the new farm bill will continue when farmers have come in to try to ers and ranchers and their bankers the livestock disaster programs that wade through the four commodity pro- need to know what the farm bill and are so important to our ranchers when grams, they have always been terribly the programs are going to look like. feed losses or livestock deaths occur difficult and complex. In farming, you have to go to your due to disaster-related conditions. We streamline the 23 conservation banker every year to get an operating This legislation is the product of programs into 13 and eliminate dupli- loan for the coming year. We raise win- countless hours of deliberation, and to cation. We tighten a major loophole in ter wheat in Kansas. We are known for reach this point was no easy task. How- nutrition programs. We cut 16 rural de- that. Kansas is known as the ‘‘wheat ever, I still have some concerns about velopment authorizations. We cut over State.’’ It will be planted in Sep- this legislation. 60 authorizations in the research title tember. That means farmers will be I am concerned that the new Agri- and streamline programs. going to their bankers as early as late culture Risk Coverage, or ARC, pro- In whole, we cut and/or streamline July—next month—or early August to gram will not do enough if agriculture over 100 programs. Show me another get their operating notes for the com- prices collapse again, as they have committee that has done that on a vol- ing year. Without certainty in the farm done so many times in the past. untary basis. There is not any in the bill, it is more difficult to make any For those of you who do not believe House or the Senate. economic projection, and it is more dif- that crop prices can fall again, I will We have had speech after speech after ficult for farmers to obtain loans and tell you that I have heard that argu- speech after speech—heartfelt speech- for bankers and farm credit to provide ment before. In 1996, many said that we es—why can’t you work together back that credit. That is why we need to get had reached a new plateau of high there in Washington and do what is it done now in their behalf. Rural prices, so Congress put in place the right for the American people and quit America needs to know the rules of the freedom to farm legislation that re- spending money we do not have? We game. moved price supports. Two years later, had a supercommittee that worked on Just as importantly, American tax- Congress had to pass the largest farm this for a considerable amount of time. payers are demanding government re- disaster program in history because I do not question anybody’s intent who forms and reduced deficit spending. prices had crashed and farmers were had that tough job. At that time, we This bill delivers on both fronts. It is going under. I will continue to work to offered to the supercommittee a pack- true reform.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.005 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3807 Let’s get this bill done. I urge my I would like to emphasize one point the right balance between the need to colleagues to vote for the motion to again. This major reform moves us cut spending while maintaining a proceed. away from government controls on pro- strong safety net to ensure a stable I reserve the remainder of my time. duction and moves us toward the pri- supply of food, feed, fuel, and fiber. It The PRESIDING OFFICER. The Sen- vate market to help sustain American is my hope that we will act on this bill ator from Michigan. agriculture, going in the right direc- soon and that the House will follow. Ms. STABENOW. Mr. President, be- tion. It does all that while also mak- I yield the floor. fore turning to the distinguished Sen- ing, as it has been noted, a substantial The PRESIDING OFFICER. The Sen- ator from Nebraska, I want, one more contribution, more than $23 billion, to ator from Michigan. time, to say what a pleasure it has deficit reduction. That sets the exam- Ms. STABENOW. Mr. President, I been—and continues to be—to work ple of how Washington can begin to get suggest the absence of a quorum and with the senior Senator from Kansas. our fiscal house in order. Our bipar- ask unanimous consent that time be This has been a partnership effort. It tisan work in the agriculture bill is im- charged equally to both sides. has been a strong bipartisan effort. portant. It demonstrates that we can The PRESIDING OFFICER. Only the And I look forward to continuing to work together, particularly when it Republicans have time remaining. have that be the case as we move to get comes to deficit reduction and finding Without objection, it is so ordered. this bill done. new ways to do things in a different The clerk will call the roll. Now I wish to yield up to 5 minutes way. The legislative clerk proceeded to to the Senator from Nebraska. And I Turning to the reforms, by ending call the roll. thank Senator NELSON for his strong duplication and consolidating pro- Mr. ROBERTS. Mr. President, I ask advocacy for rural development, for grams, the bill eliminates more than unanimous consent that the order for helping us make these true reforms. He 100 programs or authorizations. It con- the quorum call be rescinded. has been a strong advocate for the re- tains strong payment limitation lan- The PRESIDING OFFICER. Without forms in the commodity title, moving guage. Funding programs for those who objection, it is so ordered. us to a risk-based system. He has been do not need them is nothing short of Mr. ROBERTS. Mr. President, I yield a strong advocate for crop insurance agricultural welfare. Producers in my the remaining time to the distin- and for conservation, EQIP—things State understand we cannot keep fund- guished chairwoman and thank her so that are important, I know, to Ne- ing programs for those who do not need much for this team effort that has braska. brought this excellent farm bill to the This is also someone whom we are them, nor should we. They understand we do need to fund floor. going to dearly miss on the committee The PRESIDING OFFICER. The Sen- and in the Senate at the end of the programs for those who are in need, particularly given our national fiscal ator from Michigan. year. I think I may put the Senator Ms. STABENOW. Mr. President, as from Nebraska and the Senator from problems. We need to prioritize better. So the bill ends those outdated sub- we bring this time to a close, I just North Dakota in a room together, lock once again wished to thank my rank- the door, and not let them leave, be- sidies, ensuring that farmers will not be paid for crops they are not growing ing member and friend Senator ROB- cause they are both so invaluable. ERTS. I wish to thank all the members I yield to the Senator from Nebraska. on land they are not planting, and ends direct farm payments, saving tax- of the committee. We had some tough The PRESIDING OFFICER. The Sen- negotiations. We had a strong bipar- ator from Nebraska is recognized for 5 payers $15 billion on that program tisan vote. As with any farm bill, there minutes. alone. That is a lot of money, even in are still improvements we can make, Mr. NELSON of Nebraska. I thank Washington terms. the Senator for her strong efforts in As we end those subsidies, the farm and we are committed to doing that as bringing together this very important bill establishes that crop insurance will we move forward. But, overall, what we see before us is reform bill. We are moving in the right be the focal point of risk management, a true reform bill, cutting over $23 bil- direction now with farm policy, moving as it should, by strengthening crop in- away from protectionism, moving away surance and expanding access so farm- lion from the deficit, the first author- from outmoded programs to something ers are not wiped out by a few days of izing committee to do that, cutting or that certainly is, in today’s world, im- bad weather. This allows farmers and consolidating about 100 different au- portant; that is, a safety net but a safe- ranchers on their own to select the thorizations or programs. That, frank- ty net that involves risk management best risk management for their produc- ly, is unheard of. We have done that as opposed to direct farm payments. tion needs, rather than having to rely while strengthening the farm safety This is particularly important to the on the sometimes good will of the gov- net, moving to a risk-based system, State of Nebraska and all our pro- ernment to bail them out in periods of strengthening conservation. I am very ducers. We are No. 1 in production of volatility. proud that we have 643 different con- many commodities, from red meat to At the same time, one of the greatest servation groups supporting this bill. great northern beans; second in the Na- challenges farmers face is the risk that All together, we are moving forward on tion in the production of ethanol, prices will decline or collapse over sev- a strong agriculture, reform, food and pumping more than 2 billion gallons of eral years. When things are good, peo- jobs bill. this homegrown fuel into our energy ple never expect them to go bad. When I hope colleagues will join us in a supply every year. they are bad, they are worried they very strong vote to proceed to this bill. Our productive farmers and ranchers will never go good. Insurance will not CLOTURE MOTION in Nebraska make us fifth in the Na- cover multiyear price plunges. This The PRESIDING OFFICER. All time tion in agricultural receipts. While leaves farmers exposed to high costs has expired. The cloture motion having nearly one-third of all Nebraska jobs and low prices, and that can put them been presented under rule XXII, the are related to agriculture, it is our No. out of business. Chair directs the clerk to read the mo- 1 industry. Given that importance to In the Agriculture Committee, we tion. my State, I truly appreciate the work worked to address this risk by creating The legislative clerk read as follows: that has been done and the strong bi- the Agricultural Risk Coverage Pro- CLOTURE MOTION partisan support of 16 to 5 to get this gram, a program that provides pro- We, the undersigned Senators, in accord- bill out from the committee to the ducers with a very simple choice to de- ance with the provisions of rule XXII of the floor. termine how best to manage their oper- Standing Rules of the Senate, hereby move Truly it is about reform. It creates a ation’s risk. It seeks to strike a better to bring to a close debate on the motion to market-oriented safety net. It elimi- balance with this market-oriented ap- proceed to Calendar No. 415, S. 3240, a bill to nates direct farm subsidy payments. It reauthorize agricultural programs through proach. We want farmers to stay in 2017, and for other purposes. streamlines and simplifies and consoli- farming, but we do not want them to Harry Reid, Debbie Stabenow, Carl dates programs and at the same time farm Federal programs. Levin, Kent Conrad, Jeff Bingaman, creates jobs, helping our economy To conclude, this is a solid reform- Herb Kohl, Patrick J. Leahy, Michael grow. minded start. In my mind, it strikes F. Bennet, Christopher A. Coons, Al

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.006 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3808 CONGRESSIONAL RECORD — SENATE June 7, 2012 Franken, Max Baucus, Barbara A. Mi- law as unconstitutional. I cannot re- The real change in the law—and to kulski, Ben Nelson, Amy Klobuchar, member when such a significant threat the country as a whole—would be if the Sherrod Brown, Jeff Merkley, Robert to judicial independence was made in health care reform bill were upheld as P. Casey, Jr. attempting to affect the outcome of a constitutional. People understand this The PRESIDING OFFICER. By unan- pending case. It is an outrageous at- instinctively. A recent Gallup poll imous consent, the mandatory quorum tack on the separation of powers. found that 72 percent of Americans—in- call has been waived. Democrats claim unless the Court cluding even 56 percent of people who The question is, Is it the sense of the rules in accordance with the policy call themselves Democrats—believe the Senate that debate on the motion to preferences of a particular speaker, the individual mandate is unconstitu- proceed to S. 3240, an original bill to Court’s decision would be illegitimate. tional. So they clearly would accept reauthorize agricultural programs This is dangerous and this is wrong. the legitimacy of a ruling striking through 2017, and for other purposes, President Obama wrongly argued it down the individual mandate. shall be brought to a close? would be unprecedented for the Su- There is a constitutional law pro- The yeas and nays are mandatory preme Court to strike down a law that fessor I am familiar with who leans on under the rule. a large congressional majority passed. the conservative side. He rarely dis- The clerk will call the roll. He was wrong on the size of the major- cusses his work with his young chil- The legislative clerk called the roll. ity, and he was wrong about the Su- dren. But the health care case has gen- Mr. KYL. The following Senators are preme Court’s history in striking down erated such attention that his 8-year- necessarily absent: the Senator from laws they consider unconstitutional. old son asked him about it. The father Illinois (Mr. KIRK) and the Senator The President of the United States explained that the case involved from Louisiana (Mr. VITTER). knows better because he is a former whether the government could make The PRESIDING OFFICER. Are there constitutional law lecturer. He should people buy health insurance. This is any other Senators in the Chamber de- know the Supreme Court has done just what his 8-year-old son said: ‘‘They siring to vote? that on many occasions over more than can’t do that. This is a free country.’’ The result was announced—yeas 90, two centuries, and it is just not the So even 8-year-olds understand the nays 8, as follows: case, as Democrats claim, that the Su- overreach of health care reform. [Rollcall Vote No. 117 Leg.] preme Court can strike down Unlike the supporters of ObamaCare, YEAS—90 ObamaCare only by failing to follow es- who really never bothered to think Akaka Franken Murkowski tablished commerce clause jurispru- through the law’s constitutionality be- Alexander Gillibrand Murray dence. fore passing it, most Americans under- Ayotte Graham Nelson (NE) When the Judiciary Committee held stand that this law threatens our free- Barrasso Grassley Nelson (FL) Baucus Hagan Paul a hearing last year on the constitu- dom unlike any previous law. And I ex- Begich Harkin Portman tionality of the law, I asked whether pect that the Supreme Court will Bennet Hoeven Pryor the Supreme Court would need to over- agree. They understand that the law is Bingaman Hutchison Reed turn any of its precedents to strike not compatible with the Constitution Blumenthal Inouye Reid Blunt Isakson Risch down the individual mandate part of and must be struck down. Boozman Johanns Roberts the health care reform. None of the It is ridiculous to claim that striking Boxer Johnson (SD) Rockefeller witnesses—and most of those witnesses down this law would be judicial activ- Brown (MA) Kerry Rubio Brown (OH) Klobuchar Sanders were selected by the majority Demo- ism. A ruling that ObamaCare is un- Burr Kohl Schumer crats—could identify a single precedent constitutional would recognize that Cantwell Kyl Sessions that would have to be struck down. No the law departed from the text of the Cardin Landrieu Shaheen matter how many times liberals repeat Constitution, the very structure of our Carper Lautenberg Shelby Casey Leahy Snowe the statement, it is just not so—the federalism, and even against the his- Chambliss Levin Stabenow Supreme Court would not be an activ- tory of our country. Coats Lieberman Tester ist court if it struck down health care As former Judge McConnell has writ- Cochran Lugar Thune ten, judicial activism cannot be defined Collins Manchin Toomey reform. Conrad McCain Udall (CO) What is unprecedented is health care one way when the meaning of actual Coons McCaskill Udall (NM) reform’s infringement on personal lib- constitutional text is at issue and an- Corker McConnell Warner erty. The Constitution establishes a other way when the words of the Con- Crapo Menendez Webb Durbin Merkley Whitehouse very limited Federal Government. But stitution are silent on questions such Enzi Mikulski Wicker when the Supreme Court asked him the as same-sex marriage and abortion. Feinstein Moran Wyden obvious question of what limit to Fed- This is what Judge McConnell wrote: NAYS—8 eral power would exist if the individual [T]here cannot be one set of rules for lib- eral justices and another set for conserv- Coburn Hatch Johnson (WI) mandate were upheld, the Solicitor Cornyn Heller Lee General, arguing for the government atives. DeMint Inhofe and in support of the constitutionality, By threatening the Court in advance, NOT VOTING—2 could not and did not provide an an- the critics are showing that they now Kirk Vitter swer. have real doubts that the health care So the Obama administration be- reform bill is constitutional. Whether The PRESIDING OFFICER. On this lieves the Federal Government can addressed to an individual Justice or to vote, the yeas are 90; the nays are 8. force Americans to purchase broccoli the Court as a whole, claims that only Three-fifths of the Senators duly cho- or gym memberships, and don’t believe one possible result can be reached or sen and sworn having voted in the af- anyone who says otherwise once we the Court’s ruling would be illegit- firmative, the motion is agreed to. start down that road of unprecedented imate are shockingly improper at- Under the previous order, there will power of the Federal Government tempts to influence a pending case. be an hour of debate equally divided under the commerce clause. But all the Justices seem to have and controlled between the two leaders Critics contend that the whole body agreed to combat what they see as any or their designees, with the Repub- of law allowing Federal regulation of threat to their judicial independence. I licans controlling the first half and the the economy would be threatened if the suspect that inappropriate attempts to majority controlling the final half. Supreme Court struck down the health influence the Court’s decisions on The Senator from Iowa. care reform bill. They even say that pending cases will backfire. They will HEALTH CARE RULING such a ruling would harm the legit- make the Justices more determined Mr. GRASSLEY. Mr. President, po- imacy of the Supreme Court. That is than ever to show that they are adher- litical leaders on the Democratic side just plain nonsense. The Supreme ing to their oath to defend the Con- of the aisle are now preemptively Court has never addressed a law like stitution without regard to popular charging the Supreme Court with judi- this. Striking down ObamaCare would opinion. They will never want their cial activism if that Court would strike have no effect on any other existing rulings to appear to have been the re- down President Obama’s health care law. sult of political browbeating. So let the

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.008 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3809 Justices undertake their proper respon- how be improper for the Supreme Court popular laws just as much as it applies sibility in deciding the constitu- to invalidate the Affordable Care Act. to unpopular laws. tionality of health care reform. Let They have asserted that striking down The vast majority of Americans— them do it without threatening to pil- an act of Congress such as this one about 74 percent, according to one re- lory them in advance if we do not like would somehow amount to judicial ac- cent poll—oppose the ObamaCare indi- the outcome. There is always time for tivism and that that would otherwise vidual mandate. The Supreme Court reasoned criticism after any ruling and be wildly inappropriate. They have will not strike it down merely because particularly this ruling. criticized some of the questions asked it is unpopular, but the Court must do I yield the floor. by individual Justices, and they have so if the mandate exceeds the author- The PRESIDING OFFICER (Mr. even gone so far as to suggest that ity granted to Congress under the Con- BROWN of Ohio). The Senator from those Justices who might vote to inval- stitution. That is what is at issue. Utah is recognized. idate the Affordable Care Act would do Third and finally, it simply is not the Mr. LEE. Mr. President, I stand so for reasons representing bias or par- case that a court can properly be de- today to respond to what I believe are tisan political motivations. This re- scribed as activist just because it en- irresponsible and dangerous attacks on minds me of the old saying that you forces the Constitution’s structural the legitimacy of the Supreme Court of can often tell in a particular game limits on Federal power. In this con- the United States. which team is losing by which side hap- text, it is not altogether helpful to Over a 3-day period, beginning on pens to be yelling at the referee. focus the discussion of whether the March 26 of this year, the Supreme In response to these false and, frank- Court is acting properly on the con- Court held more than 6 hours of oral ly, reckless statements, I would like to tours of the words ‘‘activist’’ or ‘‘activ- argument to address the constitu- make three points. ism.’’ We have to remember that, for tionality of the Affordable Care Act. I First, attempts to manipulate or to the Supreme Court, not acting to in- was privileged to attend each of those bully the Supreme Court, especially validate an unconstitutional law is sessions, and I can say that as a life- during deliberations in a particular every bit as bad, is every bit as repug- long student of the Constitution and as proceeding, are irresponsible, and they nant to the rule of law and to the Con- one who served as a law clerk at the tend to threaten the very fabric of our stitution as it is for the Court to act to Supreme Court of the United States, I constitutional Republic. Each Justice invalidate a law that is entirely justi- was very interested to not only watch has sworn an oath to support, defend, fied on a constitutional basis. Both the arguments but also to read many of and bear true faith and allegiance to represent, both are the product of a be- the briefs and follow each of the pro- the Constitution and to discharge his trayal of the Supreme Court’s duty to ceedings very closely. or her duties faithfully and impar- decide cases according to the laws and Like so many others who watched or tially. to the Constitution of the United read those proceedings, I was most im- From time to time, politicians and States of America. pressed by the quality of the questions, others may disagree with the Court as When the Supreme Court acts to en- the quality of the advocacy, and the to important constitutional issues or force the Constitution’s limits on Fed- overall discussion that took place in even on the merits of a particular case. eral power—as I expect it may do in the Supreme Court. Through their I certainly feel that way myself from the Affordable Care Act case—it does questions, the Justices showed keen in- time to time. But it is simply inappro- so pursuant to specific textual provi- terest in the nature of the arguments priate for elected representatives—who sions of the Constitution. Enforcing made in support of ObamaCare. For ex- themselves have sworn an oath to the the law in this undeniably legitimate ample, Justice Kennedy asked whether, Constitution—in a spirit of partisan- matter is not activist; rather, it is an under the administration’s theory of ship, to question the honesty and im- essential function of the judiciary in the commerce clause, there could be partiality of our Nation’s highest preserving the liberties guaranteed by any meaningful limitation on the Fed- Court in what could be perceived as our Constitution. Among those lib- eral Government’s power under the part of an effort on the part of those erties, of course, are those protected by commerce clause. He asked specifi- elected politicians to influence a case perhaps the most important funda- cally, ‘‘Can you create commerce in pending before the Supreme Court. mental component of the Constitution, order to regulate it?’’ Such questions Second, criticisms of the well-estab- this notion that we are all protected and hypotheticals are common and lished principle of judicial review when the power of Congress and the they are a useful way by which lawyers grossly misrepresent how our constitu- power of the Federal Government as a and judges tend to test the basic prin- tional Republic functions. whole is restricted. This is why James cipled limits enshrined in our Constitu- President Obama and some Members Madison appropriately observed that it tion. of this body have suggested that the ju- was with good reason that the Found- If the Federal Government may com- diciary—which they sometimes deni- ing Fathers reserved to the States pow- pel commerce so that it may regulate grate as a group of unelected people— ers that he described as numerous and the resulting commercial activity, should simply defer to Congress. But, indefinite, while describing those pow- there would arguably be little, if any, of course, each branch of government, ers that were vested in this body as few limit to the scope of Federal power. including the judiciary, has an essen- and defined. We are all safer, we are all There would be no aspect of our indi- tial duty under the Constitution to po- more free, we are all more prosperous vidual lives that the Federal Govern- lice its own actions, to make sure that to the extent that we stand by this ment could not dictate and control. its own actions comply with the text, most important fundamental precept of Such an all-powerful authority is, of the spirit, and the letter of the Con- the Constitution. That is what is at course, flatly inconsistent with the stitution. issue in this case. Constitution’s doctrine of enumerated Congress and the executive branch I hope and I trust that, moving for- powers—this principle that is perhaps should police themselves to make sure ward, President Obama and my col- more well-settled than any other prin- they don’t transgress those limits. But leagues in this body will refrain from ciple within our almost 225-year-old when the political branches happen to attempting to bully the Supreme Court founding era document. overstep their own boundaries, their or seeking to misrepresent the Court’s Based on the Justices’ questions and own legitimate limits—as I believe important work in fulfilling its con- oral argument, many commentators— happened with the individual man- stitutional duties. Let’s stop yelling at myself included—have predicted that date—the Supreme Court can and in- the referees and let the Supreme Court the Supreme Court may well choose to deed must enforce the Constitution. do its job while we do ours. invalidate the individual mandate of In a recent appearance before the Ju- The PRESIDING OFFICER. The Sen- the Affordable Care Act. Apparently diciary Committee, Justice Breyer ex- ator from Arizona is recognized. anticipating this possible outcome, plained, ‘‘We are the boundary patrol.’’ Mr. KYL. Mr. President, I wish to some of my colleagues, as well as The Constitution sets boundaries, of speak to this same question. As every- President Obama, have made state- course. That is what is at issue here. one knows, a ruling on the constitu- ments suggesting that it would some- This foundational principle applies to tionality of ObamaCare is expected

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.010 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3810 CONGRESSIONAL RECORD — SENATE June 7, 2012 later this month. I think it is impor- that ‘‘the Constitution is superior to tion, how is it different from the judici- tant that it be done in the right con- any ordinary act of the legislature.’’ If ary? Sometimes the judiciary inter- text. A lot of our Democratic col- the two conflict, ‘‘the Constitution and prets that legislation, trying to figure leagues have made clear their view not such ordinary act must govern the out what Congress intended. But in the that if the ruling doesn’t go the way case to which they both apply.’’ area of constitutional review, more they want it to, it is not because they The actual substance of the case fundamentally they want to make sure passed an unconstitutional law but which Democrats seem eager to avoid Congress has stayed within the limits rather, in their view, because it is some talking about is that ObamaCare, if imposed upon it by the American peo- kind of a partisan activity by judicial upheld, empowers the Federal Govern- ple when they ratified the U.S. Con- activists and a lot of attention has ment to order its citizens to purchase stitution. Of course, that is the big de- been specifically focused on Chief Jus- particular goods and services that the cision in the health care case. tice Roberts. This should not stand. government believes its citizens must It is almost unprecedented. We prob- The President himself actually start- have. That sort of all-powerful Federal ably have to go back to the 19th cen- ed this, I think, when he said: Government is at odds with the con- tury to find where the Supreme Court I’m confident that the Supreme Court will cept of enumerated powers, as is cre- gave so much time for advocates to not take what would be an unprecedented, ating commerce in order to regulate it, argue a Supreme Court case. Ordi- extraordinary step of overturning a law that as Justice Kennedy intimated at the narily, it is very strict time limits. But was passed by a strong majority of a demo- oral argument. here the Court set 3 days’ worth of ar- cratically elected Congress. This is why a significant majority of guments down because of the impor- Never mind it was not passed by a Americans dislike the law. They know tance of the case and importance of the strong majority—and, by the way, the the Constitution is meant to place lim- issues that the Court will be called chairman of the Judiciary Committee its on the power of our Government in upon to decide. said something very recently, basically order to protect the freedom of the peo- My colleagues have already talked issuing a warning to Chief Justice Rob- ple. about the fact that the individual man- erts on the floor of the Senate, stating I can’t guess how the Court is going date has been the focus of so much at- that a 5-to-4 decision to overturn the to rule. It may not agree with my tention. It is not the only issue. There law would be controversial. ‘‘I trust he views. But I suggest that political lead- is another very important issue in will be a Chief Justice for all of us and ers in the executive and legislative terms of whether the Congress and the that he has a strong institutional sense branches need to cool their rhetoric, as Federal Government can commandeer of the proper role of the judicial my colleague said, stop yelling at the State resources through a huge expan- branch.’’ In other words, the intima- umpire and stop the thinly veiled sion in Medicaid, which is then forced tion here is if the decision doesn’t go threats and react to the ruling after it down on the States that they then have their way, the Court’s reputation, and is rendered, rather than before. to accommodate within their State specifically the reputation of Chief The PRESIDING OFFICER. The Sen- balanced budget requirements. But on ator from Texas is recognized. Justice Roberts, is on the line. the individual mandate, certainly we Mr. CORNYN. Mr. President, would The Wall Street Journal wrote about saw how the Solicitor General of the the Chair advise me when 5 minutes this, and others have, talking about United States stumbled, not because he have elapsed. threats by the President and certain I wish to add a few more words to is inarticulate or incapable—he is very other members of his party with warn- what has already been said by some of articulate, he is a very capable law- ings that: our most distinguished lawyers in the yer—but he simply did not have a good Mr. Roberts has a choice—either uphold Senate; that is, it is not controversial argument to make when he was asked ObamaCare, or be portrayed a radical who that, since 1803, the doctrine of judicial what is the principle limitation on the wants to repeal the New Deal and a century Federal Government’s authority under of precedent. review, as decided by the U.S. Supreme Court, has held in essence that it is the the commerce clause if the Federal Let’s clear up a few things. First of responsibility of the judiciary, the Su- Government can do this. Stated an- all, as I said, the law was not passed by preme Court, to say what the law is. other way, what is it that the Congress a strong majority of Congress, it was Congress has its role and the Court has cannot do, the Federal Government passed exclusively by Democrats. Not a its role and they are different. We can cannot do, if they can force us to buy single Republican supported it. It was tell one reason they are different is be- a government-approved product and the first time in history that major do- cause Congress is elected every 6 years then fine us if we do not do that, which mestic legislation was passed by one in the Senate, every 2 years in the is the individual mandated argument. party. House. We are accountable to the peo- I don’t think it is a controversial That is not the key point in terms of ple for our decisions, for the policies we topic, and I am surprised we even find the constitutionality of the law, how- vote for and against. That is why we ourselves here, responding to the ever. The key point is that the Court’s are called the political branches of gov- Congress’s remarks and the chairman job is, as Chief Justice Roberts said at ernment, as is the executive branch. of the Judiciary Committee’s remarks his confirmation hearing, to work as The President stands for election. In questioning the authority that existed an umpire, calling the balls and strikes essence, every Presidential election, since 1810 in Marbury v. Madison, the as the Court sees them. Nonlegal argu- every congressional election is a ref- doctrine of judicial review and the role ments, such as the Court’s decisions erendum on the people and the policies of the judiciary to say what the funda- have to be popular or unanimous— they embrace. mental law of the land allows and does those are just unserious and frankly The role of the Supreme Court and not allow in terms of Federal power. political rhetoric. Federal courts is very different, as we There is another argument being We all know that in 1803, in the all know. It is kind of remarkable to made; that is, that if the Supreme Marbury v. Madison case, the U.S. Su- me that we are having this conversa- Court comes out and disagrees with preme Court established the review of tion, but it is necessitated by the fact Congress on the health care law, that congressional action under article III that the President and the distin- somehow its legitimacy will be jeop- of the Constitution. Since then, courts guished chairman of the Senate Judici- ardized. I do not think public opinion have overturned hundreds of laws. It ary Committee have—at different polls have or should have anything to would hardly be, therefore, unprece- times and different places—questioned do with the way the Supreme Court de- dented or extraordinary for the Court the legitimacy of the Supreme Court cides an issue because their focus to overturn a congressional enactment performing this function, which Chief should be on the Constitution and not as the President has said. As the Su- Justice John Marshall wrote about in on the policy arguments. In other preme Court noted in that case, courts 1803 in Marbury v. Madison, that it is words, they should not interfere with determining whether acts of the legis- the role, the emphatic duty of the our role to make policy because, of lative branch are consistent with the Court to say what the law is. course, we are then held accountable to Constitution is ‘‘of the very essence of If it is Congress’s responsibility to the voters while they are given life ten- judicial duty.’’ The Court further noted write the policies and to write legisla- ure and they are given the protection

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.012 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3811 of no reduction in their salary during against individual responsibility and tional regulation, so it is difficult for their service on the bench—exactly for an argument that others should have me to say this is such a matter that the reason they need to be protected to pay for the medical bills of those the Supreme Court has to acknowledge from public opinion because their role who have no insurance. That, to me, is a minority view and approve it even if is to focus on the Constitution. unfair as well. the Constitution doesn’t agree. I don’t I close by saying, according to a re- We had, within the Health Care Re- think that is an argument that can be cent poll, 74 percent of Americans want form Act, protection against expensive sustained, in my view. the Court to strike down the individual premiums. We limited the amount an Since the oral arguments in the case, mandate. Were the Court to do that, it individual would have to pay for health in my view—and a lot of my colleagues would hardly undermine the legit- insurance to 8 percent of their income. share this view—the President himself, imacy of the Court if the Court hap- We provided special help to those in Democrats in the House and the Sen- pened to, by coincidence, render a deci- lower income categories. I think that ate, their friends in the media and lib- sion that the majority of Americans in itself is an effort to strike the right eral government, pro-health care advo- would agree with. balance. I yield the floor. I have been given a note by the staff cates have stepped up undignified and The PRESIDING OFFICER. The as- that the Republican side has time left. unjustified attacks on the Court, which sistant majority leader is recognized. I see my colleague, the Senator from seems to me to be a pretty transparent Mr. DURBIN. Mr. President, are we Alabama, has come to the floor. I will effort to try to influence the decision in morning business? yield to him at this point and resume of an independent branch of govern- The PRESIDING OFFICER. We are after he has finished. ment. It also seems to me an attempt— on the motion to invoke cloture on the The PRESIDING OFFICER. The Sen- since I have been a student of this for motion to proceed to the agriculture ator from Alabama is recognized. some time now—to lay the groundwork bill. Mr. SESSIONS. Mr. President, I and to declare that the Supreme Court Mr. DURBIN. I ask consent to speak- know the Senator is the assistant lead- is somehow illegitimate if they don’t ing as in morning business. er. The majority has a lot of things to render a verdict in line with one that The PRESIDING OFFICER. Without do. If he would like to finish now, I my colleagues think should be ren- objection, it is so ordered. would be pleased to yield. dered. HEALTH CARE REFORM The American people are all worried I will say parenthetically that 2 Mr. DURBIN. Mr. President, I lis- about the direction of our country and years ago when this passed 60 to 40, it tened carefully to the speech given on for a good reason; they have witnessed took 60 votes to pass it. It wouldn’t health care reform, and I would like to a growing disregard for the Constitu- pass today. It wouldn’t even come close put in perspective what the challenge tion and the limits that it places on to having 60 votes today because the is that faces America. Absent health the federal government. Our Govern- American people spoke and sent home care reform, absent a change in the ment is a government of limited pow- a lot of people who voted for this bill growing increase in the cost of medical ers. In essence, I hear my friend and when they didn’t want them voting for care, not only families but businesses colleague and able advocate Senator it. That was a big deal in the election, and governments will find it impossible DURBIN say the question is about med- frankly, if you want to talk about that. to adequately fund the health care ical care. The question is about, he So this philosophy that we hear ad- Americans need. If we do not come to- thinks, that it is unfair that some peo- vocated is a dangerous philosophy of gether, as we tried with our health care ple do not buy insurance and therefore law and jurisprudence. It is results-ori- reform bill, and dedicate ourselves to we ought to make them buy insurance. ented. It is political, not law, and it reducing the increase in the growth of He thinks that is unfair. surely is contrary to the great heritage the cost of medical care and do it with We had a nearly year-long debate in of law that this country has been so an assurance of quality being pro- this Congress, and Senator DURBIN pre- blessed with. It may be that my col- tected, then the net result of all this, I vailed by a single vote, before Senator leagues are concerned because when am afraid, is going to end up with BROWN could be confirmed to kill the pressed by the Supreme Court Justices America with medical bills it cannot health care bill. They were able to pass during oral argument, the Solicitor pay. it through with an interim Senator by General of the United States seemed to We find as we look at government a single vote and it passed. But that is be utterly incapable of identifying any programs—Medicare, Medicaid, vet- not what I and Senator CORNYN and limiting principle on government erans programs, for example—that if others are here to talk about today. power. The Solicitor General proffered we do not change the projected rate of The point today is, Should the Su- various reasons why health care is growth of cost in these programs, in preme Court of the United States de- unique, but not one of them was effec- just a short period of time, the Federal cide this question as a matter of law tively grounded on any constitutional budget of America will be consumed by and principle or should they divine text, principle, or theory—at least in health care costs and interest on the what they think the people want—al- my view. national debt to the exclusion of every- though the polls show the American thing else. people consistently oppose this legisla- People can disagree. The Justices I just heard my friend, the Senator tion and never supported it, ever, but it will have the final word on it. The from Texas, speak against individual was rammed through anyway. So they nonlegal argument that the Court mandates. The word ‘‘mandate,’’ I am want to say: This is important. We should not overturn a popular law sug- sure, rubs many people the wrong way. think it is unfair—even though the gested by many is, of course, irrele- But let’s take a look at what that indi- polling data shows people don’t want vant, not only because this health care vidual mandate is. From my point of this law—and the Supreme Court law is, in fact, unpopular, but because view, it is a question of individual re- should uphold the law and shouldn’t popularity does not translate into con- sponsibility, whether individuals in worry about a little thing like the Con- stitutionality. Of course, under the this country have a responsibility to stitution and limited powers. popularity theory, it would be wrong have health insurance. So that is what I want to talk about for the Court to strike down the De- Some argue of course not; they do today. I want to affirm the duty of the fense of Marriage Act, which the ad- not. Yet the reality is that if we do not Supreme Court of the United States, ministration has decided is unconstitu- have some sort of individual responsi- and that duty is to fairly and objec- tional and refuses to defend in court, bility, the people without health insur- tively interpret the Constitution and even though the law was so popular ance will get sick, present themselves to render justice, not based on polling that it passed 342 to 67 in the House at the hospital, be taken care of, and data and not based on congressional de- and 85 to 14 in the Senate. So making their expenses will be shifted to all the sire. the popularity argument revealed the rest of us, to everyone else. So to argue Polling data shows that the Amer- lack of legal argument. It condemns that people have no responsibility to ican people overwhelmingly think the such advocates as advocates against have health insurance is an argument law is an impermissible, unconstitu- law, not for law.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.013 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3812 CONGRESSIONAL RECORD — SENATE June 7, 2012 Supporters of the health care law need to have Congress trying to pres- Senate? Republicans have clogged or have disdainfully and consistently dis- sure them one way or the other. blocked everything we have tried to do, missed the notion, and it was done dur- The President of the United States, even things they have agreed on. ing the debate, that the legislation President Obama, might think that it Yesterday we read that we will have raised serious constitutional questions. is, in his words ‘‘unprecedented’’ or to endure it every day for the rest of I remember the debate in the Senate. ‘‘extraordinary’’ for the Court to strike the year—every day for the rest of this This disdain was no more starkly dem- down a clearly unconstitutional stat- Congress. And this came from Con- onstrated than when a reporter asked ute, but it is not. The Supreme Court gressman CANTOR, the No. 2 person in then-Speaker of the House of Rep- has a duty under the Constitution and the Republican-dominated House of resentatives NANCY PELOSI what the under the powers of the judiciary to Representatives. House Republican constitutional basis was for the stat- speak clearly if Congress passes a law leaders admit they have given up on ute, and she condescendingly replied: that violates the Constitution, that as- actually running the country. Despite Are you serious? sumes powers Congress does not have, the work that remains to keep our Is our time up? and that attempts to act in ways on be- country on the right track and con- The PRESIDING OFFICER. The time half of the Federal Government that tinue 27 months of private sector job has expired. the Constitution never gave the gov- growth, they say they are done legis- Mr. REID. How much time does the ernment the power to do. They have a lating for the year, and in spite of the Senator need? duty to strike it down. fact the President is working to create Mr. SESSIONS. Mr. President, how The Court’s reputation would be 4.3 million private sector jobs. long might the majority leader expect damaged if it bows to political bul- But listen to this report from the po- to be, and if it is possible to have con- lying, but it won’t be damaged if it fol- litical publication Politico yesterday, sent to speak an additional 5 minutes lows the Constitution. I think it is and I quote: after the majority leader. wrong to disparage and threaten the Mr. REID. Mr. President, I ask unan- Serious legislating is all but done until Court during the pendency of a case in imous consent that the Senator from after the election . . . The rest of this year, order to influence the outcome. I don’t Cantor said, will likely be about sending Alabama be recognized for another 5 have any problem with criticizing a de- ‘‘signals. . . .’’ minutes. The PRESIDING OFFICER. Without cision if I disagree with it, but to try Let’s try that again. Because it is objection, it is so ordered. The Senator to politically pressure the Court I hard to comprehend that someone who from Alabama is recognized for 5 min- think is wrong for us to do. is supposedly running the other body utes. These are important questions of would say such a thing, but he did. Mr. SESSIONS. I know the majority law. I have an opinion, but the Court Serious legislation is all but done until leader is extremely busy, and I appre- has a duty. That duty is to decide the after the election. The rest of this year, Can- ciate his courtesy and respect with the case before them impartially, as a neu- tor said, will likely be about sending ‘‘sig- difficult duty he has here. tral umpire, and without regard to the nals. . . .’’ She said: Are you serious? Well, when crowd noise. I believe they will do their So rather than work with Democrats the Solicitor General of the United duty, and we all await the outcome. to strengthen our economy and create States was being grilled by the Jus- I thank the Chair, and I thank the jobs, congressional Republicans will tices, I have to say it looked serious majority leader. put on a show designed to demonstrate then. It is axiomatic that the Com- I yield the floor. the extreme ideological direction in merce clause—which is the provision in The PRESIDING OFFICER. The ma- which they would lead this country. the Constitution that the law’s sup- jority leader is recognized. Majority Leader CANTOR’s candor is porters argue gives the government the PRODUCTIVITY OF CONGRESS frightening. He said out loud what power to take over health care—was Mr. REID. Mr. President, the last practically every Republican on Cap- never understood to grant unlimited Congress was the most productive in itol Hill has been thinking all along: power to the Federal Government. The the history of the country. Some say They care more about winning elec- Federal Government, without doubt, is not the most productive, but certainly tions than creating jobs. We just don’t a government of limited powers. no one disagrees that it is the most usually hear them say so in public It certainly never meant that Con- productive since Franklin Roosevelt when reporters are listening. gress could regulate noncommerce was President during his first term. Just a short month ago, Speaker under the power to regulate commerce. But since there is a new majority in BOEHNER urged Congress ‘‘to roll up We can’t regulate noncommerce when the House, this Congress has been alto- your sleeves and get to work.’’ To an the only power the Federal Govern- gether different and that is an under- audience of conservatives, the Speaker ment is given is the power to regulate statement. said, ‘‘We can’t wait until after the commerce. Give me a break. Consistently this Congress has taken election to legislate.’’ As distinguished Judge Roger Vinson weeks or months to pass even simple, Less than a week after, he said Lead- stated in his opinion in this case when commonsense legislation and proposals er MCCONNELL urged us to ‘‘stop the he struck this bill down: that would have previously passed in show votes that are designed to fail. It would be a radical departure from exist- minutes. The Senate has wasted lit- Let’s stop the blame game. Let’s come ing law to hold that Congress can regulate erally months considering bipartisan together and do what the American inactivity under the Commerce clause. If it bills only to have those bills smothered people expect us to do.’’ has the power to compel an otherwise pas- to death under nonrelevant Republican The statements of Speaker BOEHNER sive individual into a commercial trans- amendments. and Leader MCCONNELL are Orwellian. action with a third party merely by assert- They do exactly the opposite of what ing—as it was done in the Act—that compel- Congressional Republicans have held ling the actual transaction is itself ‘‘com- even the most important jobs measures they say. mercial and economic in nature, and sub- hostage to extract votes on unrelated Republican Senator OLYMPIA SNOWE, stantially affects interstate commerce,’’ it is ideological amendments—despite the by all means a moderate Senator, who not hyperbolizing to suggest that Congress minority leader’s own call to ‘‘stop all is retiring amid frustration of increas- could do almost anything it wanted . . . If the showboats.’’ Those were his words. ing partisanship in Washington, wrote Congress can penalize a passive individual The Democrats and American people to me in April to urge quick Senate ac- for failing to engage in commerce, the enu- have endured this blatant obstruction tion on many of the challenging issues meration of powers in the Constitution all year—in fact, for 18 months. What facing us. It was a letter crying out for would have been in vain, for it would be ‘‘dif- ficult to perceive any limitation on federal is it we are talking about? Obstruction. help—but not for help from us, not for power’’ (Lopez), and we would have a Con- If you look in the dictionary, it says it help from Democrats. She was speak- stitution in name only. Surely this is not all. I did that this morning. The dic- ing to the Republicans. She knew they what the Founding Fathers could have in- tionary says that obstruction is a con- were holding up virtually everything tended. dition of being clogged or blocked. we were trying to do. I am sure that is It is a serious question. The Supreme Doesn’t that define what has happened one reason this fine woman is leaving Court needs to decide it, and they don’t here in this wonderful body we call the the Senate.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.014 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3813 Leader CANTOR’s remarks provide a so plainly in another one of those mo- are going to politic and campaign and window into the true Republican agen- ments of candor. Here is what he said: posture. To him, I guess, that is an im- da. It seems when congressional Repub- The single most important thing we want portant responsibility. To the rest of licans forget the world is watching, to achieve is for President Obama to be a America it is an abdication of responsi- they say what they really mean. They one-term President. bility—an abdication of responsibility. are more interested in putting on a He said that in October of 2010 when This morning, the Chairman of the partisan sideshow than in solving the this country was mired in monumental Federal Reserve, Ben Bernanke, ap- real problems facing this Nation. In challenges, rather than saying let’s peared before the Joint Economic Com- truth this comes as no surprise. It is work together and do some things. How mittee. They wanted to talk to him just more of the same. many jobs could we have created if we about what more could be done at the Republicans have launched a series of had some semblance of help from the Federal Reserve on monetary policy attacks on access to health care for Republicans in Congress? Not 4.3 mil- dealing with interest rates to get the women, even contraception, and have lion jobs. Remember, 8 million or 10 economy moving forward. It is a legiti- filibustered legislation to ensure Amer- million were lost in the Bush adminis- mate policy question. But if Mr. ican women get equal pay for equal tration. We have struggled to get some Bernanke could have turned the tables work. of them back. We could have created for a moment, he might have asked the In my desk—I haven’t used this in a millions more jobs just with a little Members of Congress: Well, what are while, but I knew it was here all the help, but here is where they are head- you doing to get the economy moving time. Filibuster, filibuster, filibuster, ed. They are headed toward doing ev- forward? I think that is a reasonable filibuster. That is what obstruction is erything they can, no matter what it question. all about. ‘‘Filibuster,’’ from the dic- takes, to try to make President Obama Let me suggest to Mr. CANTOR, who tionary: a one-term President. thinks we are finished for business this One of a class of piratical adventurers who We are fighting back from the great- year, that there are many elements of pillaged the Spanish colonies in the West In- est recession since the Great Depres- outstanding business that can help cre- dies during the 17th century; one who en- sion. Yet Republicans’ top priority ate jobs in America. Let’s start with gages in unauthorized and irregular warfare hasn’t been to create jobs; their top the first one: the Transportation bill. against foreign States; a pirate craft. priority wasn’t to help businesses to The Transportation bill will create 2.8 Now, it is also defined as: grow and to have people hire workers. million jobs in America. What kind of To obstruct progress in legislative assem- It wasn’t to train the next generation jobs? As the majority leader said, jobs bly; to practice obstruction. of skilled employees or to hire more to repair bridges and highways, to That is what they have done. They cops and firefighters or to put con- build our airports, to make sure Amer- have filibustered legislation to ensure struction crews back to work building ica has a safe infrastructure upon American women get equal pay for those roads and bridges we need. We which to build our economy. equal work. Who could be against that? have 70,000—not 7,000—70,000 bridges Well, in the Senate, we came to an The American people—if we take a that are in trouble in this country. agreement. Senator BARBARA BOXER, poll, no one is against it. Republicans They need help. the chairman of the Environment and aren’t against it, except Republicans in We have a bridge in Reno, NV, where Public Works Committee, and Senator the Congress of the United States. they will not have the kids stay on the JIM INHOFE from Oklahoma, the rank- They have stopped us from restoring schoolbus. They take them out, drive ing Republican member, reached an fairness to the Tax Code to ensure bil- the bus over the bridge, and have the agreement and brought a bill to the lionaires don’t pay a lower tax than kids walk across the bridge. That is Senate floor. We went through the long middle-class families. They put women not the only place; all over the country process of amendments, and it passed. I at risk by holding the Violence Against that is happening. But we are getting think the final rollcall was 74 to 22. It Women Act in limbo. They blocked a no help. No, that wasn’t their top pri- was an overwhelming bipartisan vote bill to hire more teachers, cops, fire- ority, to help create those construction that extended for 2 years highway con- fighters, and first responders. They jobs. It was to drag down the economy struction in America and created 2.8 have stalled important jobs measures in the hopes of defeating President million jobs. such as the aviation bill. We had 22 Obama. Thanks to Leader CANTOR’s Well, obviously, that is something short-term extensions of that. candor, today we know Republican pri- that is good for America. The question Finally, they shut down the govern- orities haven’t changed one single bit. that should be asked is, Well, where ment on one occasion—the government The PRESIDING OFFICER. The as- was the House Transportation bill? The as it relates to the Federal Aviation sistant majority leader is recognized. honest answer is they never produced Administration—putting tens of thou- Mr. DURBIN. Mr. President, I wish to one—never. They couldn’t agree on a sands of people out of work. They have thank the majority leader for that bill. The House Republicans failed to stalled for months and months work statement. He comes to the floor with pass the Transportation bill. Ulti- done on a bipartisan basis by two fine the other members of the leadership mately, they passed a measure to ex- Senators: Senator BOXER, the chairman team to call to the attention of the Na- tend the current highway trust fund of that committee, and Senator tion a statement made yesterday by and taxes that are collected to July 1, INHOFE, the ranking member. It doesn’t the majority leader of the House Re- just a few weeks from now. matter. They are stalling the highway publicans, ERIC CANTOR of Virginia. Then the majority leader appointed a bill. Millions of jobs. We can’t get it Many people remember, I say to the conference committee, and I am hon- done. majority leader, that it was ERIC CAN- ored to be on that committee with a For months, congressional Repub- TOR who was appointed to the deficit number of my colleagues. I can’t tell licans have actively worked against task force the President created, my colleagues how hard Senator BOXER any piece of legislation that might cre- chaired by Vice President JOE BIDEN— and Senator INHOFE have worked on ate jobs or support economic growth. a bipartisan effort to try to deal with that committee. This bipartisan effort, We don’t need to take my word for it, the deficit—and people will remember Democrats and Republicans, has re- just look at the record. Democrats there came a moment after several sulted in a compromised counteroffer have known all along that congres- weeks when Mr. CANTOR stood up and which they personally hand-delivered sional Republicans’ No. 1 goal isn’t to said: I am leaving. He walked out, lit- to the Chairman of the Transportation improve the economy or to create jobs. erally walked out of this highest level and Infrastructure Committee JOHN It is to defeat President Obama. negotiation on deficit reduction. He MICA. They understand we have a July People say: Oh, come on. You don’t said: I want no part of it. 1 deadline. They understand the ur- really mean that, do you? I mean every Well, we have another walkaway. gency to take it up and move it to cre- word of it. Here is why: The leader of ERIC CANTOR, the majority leader in ate and keep 2.8 million jobs in Amer- the Republicans in the Senate said it. I the House, has announced we are fin- ica. didn’t make it up. The minority leader, ished for business this year. There is What was the response of Speaker the senior Senator from Kentucky, said nothing more we are going to do. We BOEHNER? Well, it was warming and

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.016 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3814 CONGRESSIONAL RECORD — SENATE June 7, 2012 welcoming, but the fact is as of today, over to the Central Intelligence Agency forgo legislating in favor of politicking maybe tomorrow—the House is gone and sit down with them and talk about full time. for a week. So in this critical period of cybersecurity and the danger to the Despite all the major challenges this time when we are up against a July 1 United States, and ask them if we can Congress faces—despite the crisis of deadline, when millions of American wait 6 months or a year to get back to confidence that may hit our markets in jobs are on the line, the House Repub- this issue. I know what they are going the fall due to uncertainty over the licans are leaving and the Republican to say. They are going to remind him looming fiscal cliff—ERIC CANTOR has majority leader, ERIC CANTOR of Vir- he swore to defend and uphold this declared a moratorium on any serious ginia, said it doesn’t make any dif- great United States of America. And if legislating until after the fall elec- ference if they stayed because they are he is going to do it, he ought to roll up tions. not going to do anything significant. his sleeves and go to work instead of The House of Representatives is like They are just going to politic and pos- coming up with another excuse for po- a computer that has been turned on ture. litical campaigning and delay. sleep mode, and it does not plan to be How do we explain that to the fami- This comes down to a basic question. rebooted until after November. lies of all of these workers across ERIC CANTOR, House Republican major- This is a breathtaking admission by America—workers who need a job at a ity leader, has all but predicted that the No. 2 Republican in the House. I time when the economy is tough? I 2012—this year—is substantively over. would not be surprised if Leader CAN- guess people living paycheck to pay- We are finished. No more heavy lifting. TOR wishes he could take his statement check now have to accept this furlough It reminds me of when I was a kid on back. It contradicts the rhetoric from that the majority leader has an- the last day of school before summer many on his own side. Just last month, in a speech at the nounced for the rest of the year. vacation. Remember that? It is usually Peterson Institute, the Speaker of the There is important work to be done, a half day. You could not wait to race House made a great show of calling on and it isn’t just the Transportation out the front door, screaming and hol- the administration and Congress to bill. The majority leader raised some lering and throwing things in every di- tackle tax cuts and the debt ceiling questions and issues that are still rection, jumping up and down with now—before the election. Here is what pending between us. Let me also add your buddies, saying: We are going to Speaker BOEHNER said: another one to the list: cybersecurity. go swimming tomorrow. And get your I attended a meeting, I guess it was It’s about time we roll up our sleeves and bike out. We are going to go have some get to work. about 2 months ago, the likes of which fun. It was 3 months, at least, of pure Unfortunately, Leader CANTOR’s com- I have never seen since I have been in unadulterated joy, no responsibility. ments seem to reflect House Repub- the Senate. We had a request by the ad- Well, Majority Leader CANTOR has licans’ true intentions more so than ministration—in fact, it started with announced that school is out for the Speaker BOEHNER’s quote. And that is a Senator MIKULSKI asking them for it— House Republicans. They are finished terrible shame. Leader CANTOR and the to ask all of the Senators, Democrats for the year. But America is not fin- House Republicans are shrinking from and Republicans, to go to a classified ished. Our agenda is still there. a potentially historic moment. setting—a secret setting—for a briefing I want to commend the Senate Re- I have a message for Leader CANTOR: on cybersecurity. There was a large publicans who have joined us in passing You may have abandoned any inten- turnout, Democrats and Republicans, this transportation bill. And I want to tion to legislate this year, but we will and they spelled out to us the threat to say to Speaker BOEHNER: When you re- not bow to election-year politics here the United States of America from turn from the next recess, next week, in the Senate. The Nation needs us, China, Russia, other countries, and in- roll up your sleeves and get to work. and we have too much to do. dividual actors who are trying to in- Put 2.8 million Americans to work with All around this Chamber, there are vade our information technology to this bipartisan transportation bill. green shoots of bipartisan activity. In steal the secrets not only of our gov- Have the courage to bring it for a vote the last 2 months alone, we have over- ernment but also of major companies, on the floor of the House of Represent- hauled the postal system, approved a to burrow into our systems such as the atives so we can put America to work multiyear transportation program, re- utilities of America and be prepared at and make certain they know we take newed the Violence Against Women a moments’ notice to destroy the ca- our job seriously. Act, streamlined drug approval rules at pacity of the U.S. economy or worse. I yield the floor. the FDA, renewed the Export-Import We went through the exercise, and it The PRESIDING OFFICER (Mrs. Bank, and passed a bill to help business really spelled out for us what might HAGAN). The Senator from New York. startups. We have confirmed 20 judges happen; what might happen if there Mr. SCHUMER. Madam President, I and put the Federal Reserve Board at were a cybersecurity attack into the rise in support of the words of the ma- full strength for the first time in 6 United States and it literally turned jority leader and the majority whip. years. And just this morning, we out the lights on the great city of New Many of us have been frustrated lately moved to proceed to a farm bill—the York. What would happen? Well, it by the glacial pace of activity in the first overhaul of agriculture in 5 would take days before we could re- House of Representatives. The Senate years—by an overwhelming 90-to-8 store service. In the process, people is supposed to be the cooling saucer, vote. would die, the economy would be crip- but, these days, the House is where jobs Every one of the issues I mentioned pled, and we are at risk of that hap- bills and other important measures go had broad bipartisan support. Each pening. to die. would not have been accomplished So the administration has produced a They are dragging out negotiations without bipartisan support. These are cybersecurity bill to keep America safe on a highway bill that would put mil- items, certainly, that are not the same from that kind of attack. Well, unfor- lions to work. They refuse to even as the big challenges that await us on tunately, it doesn’t meet Mr. CANTOR’s allow a conference on a bipartisan Vio- taxes and spending, but they are not test. He has told us we can’t do any- lence Against Women Act reauthoriza- trivial. They are not post office thing the rest of the year. All we can tion, even though the Senate produced namings either. They are real accom- do is campaign, politic, and give a bill with 68 votes. They have refused plishments. speeches. to act at all on a bipartisan bill that ‘‘The Senate is on something of a We have a responsibility as Members cracks down on China’s unfair currency roll,’’ the New York Times recently re- of the Senate and the House to accept practices—something which their own ported. These accomplishments could the challenges facing this Nation; No. party’s nominee for President claims very well prove to be the building 1, to create jobs, invigorate the econ- to support. blocks for bipartisan compromise on omy, and get this country moving for- Why the stalling? Well, we got our the bigger issues that await our Na- ward; second, keeping America safe. answer in the pages of Politico 2 days tion. So the House may already have I might say to Mr. CANTOR from Vir- ago. entered election mode, but, I daresay, ginia, take some time during your next ERIC CANTOR, who controls the floor the Senate may be starting to gel at recess—which is next week—and go schedule in the House, has decided to just the right time.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.017 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3815 In the Senate there is a hunger to Senators ALEXANDER, COBURN, and legislate from only one side of Capitol legislate. Republicans and Democrats GRAHAM are not alone. There are oth- Hill. It is tough to address the issues alike in this Chamber sense our Nation ers who realize the need to act in a bi- affecting everyday Americans when is at a crossroads, and their first in- partisan fashion. House Republicans are more interested stinct is not to pause to contemplate Senator ALEXANDER’s colleague from in drawing dividing lines than coming its political implications, but to get Tennessee, Senator CORKER, recently to the middle. It is pretty tough to cre- things done. For this, I must salute the called out his own party for famously ate jobs and help our economy rebound growing number of my colleagues rejecting a deal, a hypothetical deficit when House Republicans are more fo- across the aisle who are seeking to deal with a 10-to-1 ratio of spending cused on next year than on the bills work across the aisle. cuts to tax increases. that are stuck in their Chamber today. Even as the loudest voices on the Re- Senators ISAKSON and COLLINS said in And it is impossible to do anything publican side cite the President’s de- the same Politico article that they, about the looming fiscal cliff we face feat as their No. 1 goal, I believe there too, would be open to supporting a when House Republicans continue to is a silent majority within the Repub- grand bargain that includes revenues show they do not get that it will take lican Caucus that yearns to come to- as well as spending cuts. a balanced approach to fix. gether and address the Nation’s prob- And my colleague from Oklahoma, The bottom line is we need a partner lems, free of partisan politics. Senator INHOFE, is featured in the in legislating, and it appears from com- Even after the extreme elements in pages of Roll Call today for his Hercu- ments such as those that were made their own party have claimed two of lean efforts to get House Republicans this week that hope is quickly fading. the most esteemed Members of this to be reasonable on a long-term high- What is particularly concerning body—one by retirement; one in a con- way bill, along with his colleague and about House Republicans wanting to tentious primary—a silent majority of our friend Senator BOXER. shutter their Chamber for the year is brave Republicans still dares to believe I suggest that the House majority the fact that bipartisan, commonsense that compromise is a virtue, not a vice. leader reconsider his remarks to Polit- Senate legislation is languishing there. My colleague from Tennessee, Sen- ico and take a page from the book of Bills that have gotten support from these brave Republicans. The House ator ALEXANDER, is a Senator I admire. overwhelming majorities, and that He has taken the lead in bringing Mem- may be in an all-politics mode, but the were carefully crafted over months of bers together to tackle the big issues Senate is not done legislating—not by negotiations, are in limbo for no good a long shot. And let’s be honest: If a so- that await us at the end of this cal- reason. endar year. lution to these big issues is at all pos- In fact, what I would like to do today I was at a briefing this week orga- sible in the lameduck, or maybe even is highlight two important numbers to nized by Senator ALEXANDER, a Repub- before the election, it is not going to illustrate what I mean. The first num- come from the House. It is going to lican, and Senator WARNER, a Demo- ber is 68. Madam President, 68—that is crat. Believe me, no one in that room come out of the Senate. the number of Senators who voted to So I suggest to Leader CANTOR, Wash- thinks, as Leader CANTOR apparently pass a bipartisan, inclusive bill to reau- ington does not need an election to does, that these issues should be put off thorize the Violence Against Women bridge our differences. It needs the till the election. The conversations Act. It is a total that includes 15 Re- Senate. were quite preliminary, for sure, but Madam President, I yield the floor. publican Senators who, like the vast the motivations of all the Senators The PRESIDING OFFICER. The Sen- majority of Americans, agreed with us who attended were pure. ator from Washington. that we not only need to reaffirm our Senator COBURN is another brave Re- Mrs. MURRAY. Madam President, I commitment to protect those at risk publican. I may disagree with TOM come today to talk—as my colleagues from domestic violence but that we COBURN on most issues, and even on have discussed—about the fact that Re- also need to improve and expand pro- many of his tactics, but I admire the publicans in the House of Representa- tections. Those are 68 Senators who courage he displays on a daily basis by tives seem ready to pack it in for the came together to say that our commit- standing up to even the most powerful year. ment to saving the lives of victims of special interests in his party. He does Led by their majority leader and by domestic violence should be above poli- not talk the talk about bucking his the ‘‘my way or the highway’’ philos- tics; 68 Senators who said we cannot party’s orthodoxy on revenues. He ophy they have stuck to all year, they allow partisan considerations to decide walks the walk. Just this morning, I have signaled that they have given up which victims we help and which we ig- watched him on one of the morning on the work of the American people. nore; 68 Senators who sent a strong bi- news programs making great sense From our yearly responsibility to partisan message to the House that we about the need for both parties to show pass appropriations bills, to legislation can come together to strengthen pro- leadership in confronting the big that would create thousands of good- tections for all victims, regardless of issues. He also made a point of saying paying construction jobs, to efforts to where they live or their race or their that, unlike Leader CANTOR, he does stop an impending student loan hike, religion or gender or sexual orienta- not believe these issues should wait till to a bill that would protect vulnerable tion. Unfortunately, it is a message the election. American women from violence, House that Republicans in the House have ig- My colleague from South Carolina, Republicans have now indicated they nored. True to form, instead of taking Senator GRAHAM, is another such brave would rather kick the can down the up our bipartisan bill, Republicans Republican. We have our differences on road. have passed a bill that leaves out both many issues, but he is a statesman, It is unfortunate that this is their at- the additional protections for vulner- plain and simple. He has been quite titude—not just for our college stu- able women and the delicate com- vocal on his wish to overturn the de- dents or construction workers looking promises we achieved. fense cuts in the sequester. But while for jobs or women at risk, but it is Men and women across our country others in his party propose to replace statements such as the one the House see the headlines that Leader REID these cuts on entirely their own terms, majority leader made that make every pointed out earlier. They know their Senator GRAHAM has bravely signaled American shake their head. That is be- protections are at risk, and they are at an openness to make the tradeoffs cause as American families come to- risk not because the Senate cannot needed to help bridge the partisan di- gether around their kitchen table to come together but because House Re- vide. Asked by the New York Times re- make tough decisions about their publicans refuse to join us. cently about the potential for tapping mortgage or how to make tuition pay- The second number I wanted to high- revenues to replace some of the seques- ments or even about how they are light today is 74. That is the number of ter cuts, Senator GRAHAM bravely going to afford groceries, they want to Senators who came together to send a bucked his party’s orthodoxy. ‘‘I have see us coming together to make simi- bipartisan transportation jobs bill to crossed the Rubicon on that [one],’’ he larly tough decisions. the House; 74 Senators who voted for a said. Be assured, Senator GRAHAM is But as Leader REID and my other col- bill that will create or save millions of someone we can negotiate with. leagues have made clear: It is tough to jobs in the country today; 74 Senators

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.018 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3816 CONGRESSIONAL RECORD — SENATE June 7, 2012 who said that politics should not get in Mr. REID. I appreciate very much cluding everything from alfalfa seed to the way of our economic recovery or the wonderful statements by Senators mint and blueberries. Several weeks the need to fix our crumbling infra- DURBIN, SCHUMER, and MURRAY. We ago, the Oregon Extension Service re- structure; 74 Senators who got behind a have a problem in this country based ported that agricultural sales in my bill that was the product of intense and on what CANTOR said. Here are the home State increased more than 19 per- long negotiation between Senators we headlines: ‘‘Congress switches from cent in 2011. know often did not see eye to eye but policy to politicking.’’ All we have said Agriculture in Oregon is now more who did come together to pass a bill here today has been based on fact. That than a $5 billion industry annually, and that could truly be called a com- is too bad. It is too bad we have some- much of this is driven by high prices promise. one who is running the House of Rep- for wheat and cattle and dairy prod- Yet here we are, months after this resentatives who is trying to kill these ucts, fruits, vegetables, and other spe- bill was passed with overwhelming bi- important pieces of legislation Senator cialty crops. The fact is, agriculture is partisan support, and it, too, is now the SCHUMER outlined that we have passed the lodestar to prosperity for many subject of political games in the House. over here. We have passed all these rural Oregon communities. Nationwide, Another bill that should never be con- things, worked very hard to get them there are many other towns in a simi- sidered political has become part of done. lar position to the small communities I their grandstanding routine. It does Because of politicking, and not pol- have the honor to represent in the Sen- not have to be this way. If Republicans icy, the majority leader of the House of ate. can set aside politics and stand up to Representatives is killing all this legis- That is what is apropos about this their tea party base, we can protect lation for reasons we all understand. talk and the need for bipartisanship. victims of domestic violence. We can ORDER OF PROCEDURE Senator SCHUMER listed a number of pass a transportation bill. We can stop Madam President, cloture has been these bipartisan areas. I consulted with those tuition hikes. We can pass our invoked on the motion to proceed to the chair of the Agriculture Com- appropriations bills. the farm bill by an overwhelming vote mittee, Senator STABENOW, and the In fact, we can even come together of 90 to 8. Senators STABENOW and ROB- ranking member, Senator ROBERTS, on the big issues that House Repub- ERTS are now, as we speak, working on who I also served with in the other licans have indicated they believe can an agreement to amendments to the body. After getting their counsel, I se- only be resolved after an election. If bill. I am hopeful they can make sig- lected 28 Oregonians, from every corner Republicans are ready to admit it will nificant progress over the weekend. of my State and across all types of ag- take a balanced and bipartisan deal to There will be no more rollcall votes riculture, to help serve as an advisory avoid that fiscal cliff, we can make a today. Monday at 5:30 we will have a committee on ways to improve the eco- deal tomorrow. But on this issue, Re- vote on Andrew Hurwitz to be a Ninth nomic opportunities for Oregon, spe- publicans have not just refused to meet Circuit judge. cifically through this bill. us in the middle. They will not even I hope we can get the farm bill done We have the good fortune to have the come out of their corner. next week and lock in an agreement on committee chaired by Mrs. Karla We all know a bipartisan deal is flood insurance, which is also vitally Chambers, who owns a farm in the Wil- going to be required to include new important to this country. lamette Valley, Stahlbush Farms, and revenue along with spending cuts. Un- The PRESIDING OFFICER. The Sen- also Mike Thorne, a wheat farmer in fortunately, Republicans are singularly ator from Oregon. eastern Oregon. focused on protecting the wealthiest LEGISLATING From the outset, this advisory com- Americans from paying a penny more Mr. WYDEN. Madam President, I mittee did not talk at all about poli- in taxes. Democrats are ready. We are came to the floor to talk about legis- tics, did not talk about whether there willing to compromise. We know it is lating. I was struck, in fact, by the was a Democratic way to write a farm difficult, but we have to have a partner comments recently because what I am bill or a Republican way to write a to do that. here to talk about is essentially the farm bill. What they did talk about was Republicans need to understand that yeoman’s bipartisanship we have seen the importance of the issues I have just the fiscal cliff is not simply going to with Senator STABENOW and Senator outlined: jobs, health care, conserva- disappear if they close their eyes and ROBERTS on the farm bill. I am going to tion, rural communities. That is what wish hard enough. We are going to have talk about some specific ideas, each of they spent their time focused on and to act, and Republicans should not let which I believe could win bipartisan particularly the jobs issue was central politics stop them from working with support and help strengthen the legis- to their discussion. us now on a balanced and bipartisan lation as we go forward in the Senate. There are about 38,000 farms in my deal which middle-class families expect I believe it is hard to overstate the home State which roughly support and deserve. importance of writing the best possible 234,000 jobs. That is about 11 percent of Statements such as the one made by farm bill in the Senate. When America our State’s employment. As much as 80 the House majority leader only reaf- desperately needs more jobs, and 1 in percent of the agricultural goods pro- firm what American families fear the every 12 American jobs is tied to agri- duced in Oregon are sold out of State. most, that at a time when they deserve culture, this bill is an opportunity for Half of that is exported to foreign a government at their backs, they are the private sector to grow more jobs. countries. That is especially important being abandoned. In the Senate, we When obesity rates are driving the to me because I chair the trade sub- have shown we can come together American health care challenge, this committee of the Senate Finance Com- around bipartisan solutions. But we bill can promote healthier eating with- mittee. So what I have taken as the cannot do it alone. House Republicans out extra cost to taxpayers. When we centerpiece of my approach to agri- need to send the American people a are concerned about the threat to our culture and to our country’s economy clear message they are willing to be a treasured lands and air and water, this is that we ought to do our very best to: partner in compromise. bill is our primary conservation pro- grow things in the United States, to It is time for them to take up our bi- gram. When our rural communities are add value to them in the United States, partisan legislation to protect women especially hard hit, and the Presiding and then ship them somewhere. and put workers back on the job. It is Officer knows about this because she It is especially important for Oregon time to work with us in the appropria- has a lot of rural country in her State, agriculture. As I just noted, 80 percent tions process and help our Nation too. these rural communities are walking of the agricultural goods that are pro- It is time to realize that a solution to on an economic tightrope, and this bill duced in our State are sold out of the impending fiscal cliff will require a can be a lifeline. State. balance. It is certainly not time to give I spent much of last week in rural Or- Abroad, our producers are doing very up. egon. In my State, Oregonians do a lot well. Nationally, each $1 billion in ag- I yield the floor. of things well, but what we do best is ricultural exports is tied to approxi- The PRESIDING OFFICER. The ma- grow things—lots of things. Oregon mately 8,400 American jobs. These jority leader. grows more than 250 different crops, in- growing overseas markets represent a

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.023 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3817 way to create and sustain good-paying cherries, and other healthy produce, Historically, gleaners gathered leftover jobs that rely on export sales. In fact, grown just a few miles down the road, produce from the fields, but today agriculture is one of the only sectors to make it into our schools. This ought gleaners play a crucial role in reducing with a trade surplus, and in 2011, it to be a national approach. Schools the staggering amount of food that boasted a surplus totaling $42.5 bil- from Springfield, OR, to Savannah, GA, goes to waste each year. At a time lion—the highest annual surplus on currently purchase their fruits and when food waste is the single largest record. vegetables from USDA—the Depart- category of waste in our local land- That is why I was honored to have a ment of Agriculture—warehouses, fills—more than 34 million tons of chance—when Chairman BAUCUS was which may be hundreds of miles away. food—again, without spending extra tied up in discussions with respect to Many of our farmers and our producers taxpayer money, we can do more to en- the super committee—to manage a sig- would like to sell their goods to local sure that this unwanted food is used to nificant part of the debate on the three schools, and many schools would like tackle hunger in America. recently passed free-trade agreements, to source their produce locally. The Led by the dedicated work of local which again give us a chance, as I have farm bill ought to promote that. food banks, many are striving to put indicated, to build on that proposition When I was in Oregon last week, I America’s food bounty to better use. In that I have outlined, where we grow had a chance to meet with the manage- Portland, OR, Tracy Oseran runs a things here, add value to them here, ment of Harry & David. They are a wonderful nonprofit organization and then ship them somewhere else. major employer in my State, and an known as Urban Gleaners. They are Nothing says that more than giving Oregon pear producer. They told me poised to collect surplus food—hun- those opportunities to producers from they want to sell their fruit to schools dreds of thousands of pounds of food— Oregon to Florida. They sell their down the street, but instead a complex from grocers, restaurants, parties, and fruits and vegetables, their wheat, maze of Federal rules and regulations all kinds of social organizations, and their beef, their nursery crops, and has created a hassle for them, and the they redistribute those hundreds of other high-value products at home and process sounds like bureaucratic water thousands of pounds of food to organi- abroad. The farm bill continues those torture. So I am going to offer an zations that serve the hungry. Urban programs that American producers rely amendment that would make it less of Gleaners is doing great work, but they on to help market their goods in for- a hassle for producers such as Harry & could be doing a lot more. eign markets. I think it is important David and farmers to sell directly to Without spending a dime of extra again to stress the bipartisanship asso- local schools, all without spending ad- money, we can advocate for gleaners ciated with making sure there are ditional Federal dollars. all across America by making it pos- bountiful opportunities for American A second opportunity to improve our sible for them to receive loans through agriculture and particularly for Oregon Nation’s health lies with the SNAP the Microloan Program. If someone is agricultural goods. program, the Supplemental Nutrition trying to set up a gleaning program in The second area my agriculture advi- Assistance Program, better known as a small town and they have to borrow, sory committee focused on was stress- food stamps. This program currently say, $20,000 to start a refrigeration pro- ing the importance of healthy nutri- spends over $70 billion a year. This is gram to preserve the quality of the tion here at home. Of course, the the big expenditure in the farm bill, food, let’s make it possible for the USDA, our Department of Agriculture, and there is no way to really determine gleaners to do that. has recommended eating five fresh whether it promotes good nutrition. I am not proposing—and I discussed fruits and vegetables daily. Think of all of the possibilities for this with the chair of the committee, What that means is that from Burns, helping our country, all the possible Senator STABENOW, and Senator ROB- OR, to Bangor, ME, farm programs benefits if the SNAP program did more ERTS, the ranking minority member— need to make it easier for those with to improve nutritional outcomes for to allocate one additional dime to the low incomes to be able to eat healthier. those who use the program. program. I think it is a fine program. I There never ought to be a tradeoff be- Let me make clear that I am not for simply want to say that when we have tween health and affordable food. So I cutting benefits. I understand the cru- gleaners in our country who are telling think we have to look at some fresh ap- cial lifeline this program provides for us about the enormous amount of food proaches to promote healthy nutrition millions of our people. What I am in- that is still wasted despite their tre- in this country. I believe it is not just terested in doing is seeing that, mendous efforts, let’s not pass up an an economic threat to our economy, it through that $70 billion, it is possible opportunity to, with this bill, make it is also a national security threat to to improve nutritional outcomes, all possible to promote gleaning in our our Nation because we have seen, re- while getting the best value out of that country. grettably, that many Americans who enormous expenditure. To produce the healthy food needed would like to wear the uniform of the One of the ways we could do it would to feed America, we need fertile agri- United States, patriots, have not been be to allow States to obtain a waiver cultural land, and conservation plays a able to pass the health standards nec- from the SNAP program when they central role in that. Roughly 28 percent essary to serve in our military. bring their farmers, their retailers, of Oregon’s land mass is devoted to ag- In the past three decades, obesity their health specialists, and their bene- ricultural production. Maintaining this rates have quadrupled for children ages ficiaries together and say: We have a land is crucial for our long-term pro- 6 to 11. More than 40 percent of Ameri- consensus for improving the nutri- ductivity. For more than half a cen- cans are expected to be obese by 2030. tional outcomes in our State, for those tury, the farm bill has supported infra- The Centers for Disease Control reports on the Food Stamp Program, the SNAP structure modernization and conserva- that in 2008 alone, the United States program. They ought to be able to get tion projects. They give, once again, spent $147 billion on medical care re- a waiver in order to do that and help us the opportunity for collaboration, and lated to obesity. Obesity is the top produce more good health in America. that is key to our natural resources. medical reason one in four young peo- That is not some kind of national I see my friend from Arizona, Sen- ple cannot join the military, and it has nanny program. That is not telling ator MCCAIN, here. We talked about been identified by the Department of people they can only eat this or that. doing this in the forestry area years Defense as a threat to national secu- It is just common sense to have farm- ago. We ought to be promoting collabo- rity. It doesn’t have to be this way. ers, retailers, those on the program, rative projects to boost rural econo- I wish to outline some specific ideas and health specialists look, for exam- mies. It is the Oregon way, and we for changing that and to promote good ple, to try to create some voluntarily ought to build on that in this farm bill health in our country without adding incentive to promote better nutrition as well. extra costs to taxpayers. One oppor- with this enormous expenditure, and I The time is also ripe to promote tunity for change is through the Farm intend to offer an amendment to do farmers markets and locally grown to School Program. Again, without that. food, which will lead to greater aware- costing taxpayers additional money, it A third opportunity for improvement ness of local markets, roadside stands, ought to be easier for delicious pears, is through what is known as gleaning. and community-supported agriculture.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.024 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3818 CONGRESSIONAL RECORD — SENATE June 7, 2012 This farm bill expands those opportuni- over. We ought to build on the work trumpet in the marching and jazz ties, and I think these types of local that has been done already and get this bands. Three years after graduation, initiatives give us the opportunity to important bill across the finish line be- Cale joined the Army and was assigned change the trajectory—the tragic and cause it will be good for our economy, to Ft. Lewis in Washington State. staggering trajectory—of obesity in for our national security, and it will be Cale was known as a fierce warrior this country, and to ensure the viabil- good for our health and for our envi- on the battlefield and was one of ‘‘the ity of these programs, the land re- ronment. best of the best.’’ Among his buddies he quired to produce nutritious foods Madam President, I yield the floor. had a reputation for being a hard work- must be addressed. The PRESIDING OFFICER. The Sen- er, someone who would go above and I plan to offer, as I have indicated in ator from Kansas. beyond to accomplish the task at hand. these comments, a number of amend- Mr. MORAN. Madam President, I ask Cale’s battalion commander said he ments to the farm bill, each of which I unanimous consent to address the Sen- was known as ‘‘everyone’s protector’’ have discussed with the chair of the ate as in morning business. and was ‘‘hands down, the best Stryker committee, Senator STABENOW, and The PRESIDING OFFICER. Without driver he ever had seen.’’ More importantly, his sergeant said ranking member, Senator ROBERTS. objection, it is so ordered. The farm-to-school amendment that TRIBUTE TO FALLEN HEROES Cale had the unique ability of knowing I will offer would not spend additional Mr. MORAN. Madam President, last the right thing to say at the right mo- taxpayer money, but it would make it week on Memorial Day, Americans re- ment. He was a source of strength that easier for schools to purchase locally membered our Nation’s fallen troops pulled his sergeant and his squad mates for the breakfast, lunches, and snacks who laid down their lives for our Na- through many difficult days. Cale loved the Army, but he was also they serve children. tion. We are blessed to live in a coun- devoted to his family. He loved to My second amendment would allow try where individuals volunteer to de- laugh and had a great sense of humor, States across this country to get a fend our Nation and our freedoms—no which helped his family find the bright waiver under the SNAP program, so matter the cost. Because of the sac- side of every situation. His stepfather they can consult with their farmers, rifices of our Nation’s veterans, we Dave is known for giving sound and their retailers, their health specialists, have the opportunity to live in the practical advice and served as a role and those who use it, and try to come strongest, freest, and greatest Nation model for Cale. In fact, Cale once told up with a way to get more good health on Earth. his mom he was turning into the and nutrition out of the $70 billion that Today at Arlington National Ceme- ‘‘Dave’’ for his buddies since they often is spent on the program. States ought tery, 30 U.S. servicemembers will be turned to him for advice or encourage- to have an opportunity to do that so honored for their service and sacrifice ment. Cale had a close relationship that the SNAP program can be a to our country. These men were killed with his sister Courtney and loved his launch pad for healthier eating rather last August when insurgents fired upon mother deeply. He spoke of her often to than just a conveyor belt for calories. their helicopter as it was rushing to his buddies. With a waiver, States with innovation aid troops in a firefight in Wardak My heart goes out to the entire Mil- and effective ideas could improve nu- Province in Afghanistan. More than 20 ler family, and I ask that all Kansans, tritional outcomes and put their good U.S. special operations forces were all Americans, join me in remembering ideas into action. killed when the helicopter crashed— them in our thoughts and prayers dur- Third, I intend to offer an amend- the deadliest single loss of American ing this difficult time. ment—again, it doesn’t spend addi- forces in the war in Afghanistan. On Monday, Cale was given a hero’s tional taxpayer money—to promote Among those lost were brave soldiers welcome upon his return to Kansas. gleaning through the Microloan Pro- who called Kansas home: CWO Bryan Volunteers placed flags along 151st gram. Nichols of Hays, SPC Spencer Duncan Street in Olathe and hundreds of people Finally, based on the recommenda- of Olathe, and SGT Alexander Bennett stood in silence waving those flags and tions of the Institute of Medicine, I of Tacoma, WA, who was stationed in signs that read ‘‘Community 4 Cale’’ to will offer an amendment to make it New Century, KS. These men will be honor this young man and his service possible to advance some of the rec- given full honors during a special me- to our country. This demonstration of ommendations of the Institute of Medi- morial service and laid to rest at Ar- support comes naturally to Kansans cine to look at the relationship be- lington National Cemetery. who respect and honor those who vol- tween agriculture policy, the diet of We lost 30 American heroes on that unteer to defend and serve our Nation. the average American, and how we can tragic day—brave men who answered Today we honor Cale Miller, Brian reduce childhood obesity. This amend- the call to defend our country. Our Na- Nichols, Spencer Duncan, and Alex- ment would give us a chance to ad- tion is forever indebted to these young ander Bennett, who laid down their vance the recommendations of the In- men for their service and sacrifice. Es- lives for our country. We thank God for stitute of Medicine. They have made a pecially today, we think of their fami- giving us these heroes, and we remain number of thoughtful proposals that I lies and the loved ones they left be- committed to preserving this Nation think will give us a chance to reduce hind. May God comfort them in their for the sake of the next generation so obesity and promote our national secu- time of grief and be a source of they, too, can pursue the American rity, and we certainly should pursue strength for them. dream with freedom and liberty. We them through this farm bill. Yesterday, in Kansas, another sol- are indebted to our veterans to do The last comment I will make is that dier’s life was remembered. PFC Cale nothing less. May God bless our service men and I think Oregonians got it right, and I Miller of Olathe was killed just 2 weeks women, our veterans, and the country think we ought to be building on the ago during a combat mission in Af- we all love. work done by Senator STABENOW and ghanistan when the vehicle he was I yield the floor. Senator ROBERTS. At a crucial time in driving was struck by an improvised The PRESIDING OFFICER. The Sen- American history, this bill can help us explosive device. ator from Arizona. grow more jobs, it can help us improve It has been said that the ‘‘American Mr. MCCAIN. I would like to thank the health of the people of our country soldier does not fight because he hates Senator MORAN of Kansas for a very without spending additional money, who is in front of him, he fights be- moving tribute to those who have and it is an opportunity to protect our cause he loves those who are behind served and sacrificed. I know the peo- treasured land and air and water. Fi- him.’’ This passage was read during ple of Kansas join him in expressing nally, it is a lifeline for rural commu- Cale’s service in Olathe, and it is a fit- their gratitude for their service and nities—these communities that I have ting description of this young man’s sacrifice, and I thank the Senator from described as walking on an economic devotion to his country. Kansas for a very eloquent and moving tight rope. Cale was raised in Olathe and was a statement. God bless. I intend to work with my colleagues 2007 graduate of Olathe Northwest High Mr. MORAN. Madam President, I on a bipartisan basis. I have heard all School, where he was a member of the thank the Senator from Arizona for his this talk about how the legislating is football and track teams and played tremendous service.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.025 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3819 Mr. MCCAIN. Madam President, I ask in a policy of regime change in Syria is the U.N. Security Council mandate, ul- unanimous consent that the Senator exactly what the administration spent timately understood that when regimes from Connecticut and I be permitted to months doing earlier this year, and are willing to commit any atrocity to join in a colloquy on the situation in that approach was decisively rejected stay in power, diplomacy cannot suc- Syria. by Russia when it vetoed a toothless ceed until the military balance of The PRESIDING OFFICER. Without sanctions resolution in the U.N. Secu- power changes on the ground. objection, it is so ordered. rity Council in February. As long as Assad and his foreign sup- SYRIA How is this recycled policy working porters think they can win militarily, Mr. MCCAIN. Before entering into out? Well, last week, a human rights which they do, they will continue our colloquy, I would like to make organization disclosed that on May 26, fighting and more Syrians will die. In some brief remarks. a Russian ship delivered the latest Rus- short, military intervention of some It should come as no surprise to any sian supply of heavy weapons to the kind is a prerequisite to the political of our colleagues—and it certainly Assad regime in the Port of Tartus. resolution of the conflict we all want comes as no surprise to me—that the Last Friday, the Russian Foreign Min- to achieve. civil war raging in Syria has only dete- istry issued a statement on the Houla The question I would pose to my col- riorated further over the past 2 weeks. massacre—and blamed it on the opposi- league from Connecticut and to the ad- On Saturday, May 26, we read the hor- tion. President Putin, after blowing off ministration is this: How many more rific news of a massacre that Bashar al- a trip to Washington in favor of a visit have to die? How many more have to Assad’s forces committed in the Syrian to Europe, suggested that foreign pow- die? How many more young women town of Houla. At least 108 civilians— ers were also to blame for the Houla have to be raped? How many more the majority of them women and chil- massacre. He went on to reject further young Syrians are going to be tortured dren—are now believed to have been sanctions on the Assad regime and to and killed? How many more? How killed, some from repeated shelling by deny Russia is shipping any relevant many more before we will act? How Assad’s tanks and artillery, but most weapons to Assad. many more? slaughtered in their homes and exe- Not to be outdone, last week the Rus- I would like to also ask, When will cuted in the streets. Survivors describe sian Foreign Minister also described the President of the United States a scene so gruesome that even after 16 the situation in Syria this way. speak up in favor of these people who months of bloodshed and more than It takes two to dance—although this seems are fighting and dying for freedom? 10,000 dead, it still manages to shock less like a tango and more like a disco, I thank my colleague from Con- the conscience. where several dozens are taking part at once. necticut for his continued involve- There are now reports of another One might think this alone would be ment. He has shared the same experi- massacre by Assad’s forces with as enough to disabuse the administration ences I have in refugee camps, meeting many as 78 Syrians dead and that Syr- of its insistence, against all empirical people who have been driven out of ian authorities are blocking access to evidence, that Russia is the key to end- their homes, family members killed, the scene for the U.N. monitors on the ing the violence in Syria. One might tortured, young women raped as a mat- ground. These massacres of civilians think so, but one would be wrong. ter of policy and doctrine of Assad’s are sickening and evil, but it is only Asked last week whether he could envi- brutal forces. the latest and most appalling evidence sion some kind of military interven- The PRESIDING OFFICER. The Sen- there is no limit to the savagery of tion in Syria without a U.N. Security ator from Connecticut. Assad and his forces. They will do any- Council resolution, which is subject to Mr. LIEBERMAN. Madam President, thing, kill anyone, and stop at nothing a Russian and Chinese veto, the Sec- it is an honor to join in this colloquy to hold on to power. retary of Defense said, no, he cannot with my friend from Arizona, though I What has been the response of the envision it. obviously take no pleasure in it be- United States and the rest of the civ- Similarly, the White House spokes- cause it is an outcry—a cri de coeur— ilized world to this most recent atroc- man, Jay Carney, rejected the idea of an outcry of the heart about the ity in Syria? More empty words of providing weapons to the Syrian people slaughter going on in Syria now, once scorn and condemnation. More hollow to help them defend themselves, saying again, with a government killing its pledges that the killing must stop. that would lead to—get this, get this: own people to maintain its own pres- More strained expressions of amaze- If we supplied weapons to the Syrian ence and power. It is an outcry because ment at what has become so tragically resistance, it would lead to ‘‘chaos and for more than a year now the rest of commonplace. carnage,’’ and it would militarize the the world, including the United States, Indeed, as Jeffrey Goldberg has conflict. It would militarize the con- has offered these victims of the brutal noted, administration officials are now flict. After more than 10,000 have been violence of the Bashar al-Assad regime at risk of running out of superlative slaughtered by Bashar al-Assad with in Damascus essentially words—words adjectives and adverbs with which to Russian weapons, Iranians on the of condemnation, words of sympathy. condemn this violence in Syria. They ground, it would militarize the con- But those words—or the few cell have called it ‘‘heinous,’’ ‘‘out- flict. phones we have given those Syrian rageous,’’ ‘‘unforgivable,’’ ‘‘breath- It is difficult even to muster a re- freedom fighters—don’t stand up taking,’’ ‘‘disgraceful,’’ and many sponse to statements and actions such against Assad’s tanks, his guns, and other synonyms for the same. I don’t as these. U.S. policy in Syria now the brutality of his forces. know what else they can call it. Yet seems to be subject to the approval of So I would say the answer to the the killing goes on. Russian leaders who are arming question my friend from Arizona The administration now appears to Assad’s forces and who believe the posed—how many more people have to be so desperate they are returning to slaughter of more than 10,000 people in be killed?—obviously, too many people old ideas that have already been tried Syria can be compared to a disco party. have already been killed. It is time for and failed. Let me quote from a New Meanwhile, the administration refuses the United States to show some leader- York Times article that appeared on even to provide weapons to Syrians ship. May 27. who are struggling and dying in an un- Senator MCCAIN and I are not calling In a new effort to halt more than a year of fair fight, all for fear of ‘‘militarizing for American troops on the ground in bloodshed in Syria, President Obama will the conflict.’’ If only the Russians and Syria. We are not calling for the push for the departure of President Bashar United States alone to take action. al-Assad under a proposal modeled on the the Iranians and al-Qaida shared that transition in another strife-torn Arab coun- lofty sentiment. There is a coalition of the willing. If we try, Yemen. . . . The success of the plan I pray that President Obama will fi- continue to say we are not going to hinges on Russia, one of Mr. Assad’s staunch- nally realize what President Clinton take action to help the victims of est allies, which has strongly opposed his re- came to understand during the Balkan Assad’s brutality until and unless we moval. wars. President Clinton, who took mili- get authorization from the U.N. Secu- This is a case of history repeating tary action to stop ethnic cleansing in rity Council, there is never going to be itself as farce. Trying to enlist Russia Bosnia and did so in Kosovo without any help to go to these victims in

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.027 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3820 CONGRESSIONAL RECORD — SENATE June 7, 2012 Syria because the Russians and prob- tions. And immediately. Again, Sen- heard that in Libya, we are hearing ably the Chinese will veto any U.N. res- ator MCCAIN and I have talked about that in Egypt, and we are hearing that olution. actions we would support: arms to the again—neglecting the fact that al Every time we say we have to go to opposition fighters, training of the op- Qaida and extremists are the exact an- the U.N., we raise the power of Russia position fighters, safe havens in Tur- tithesis of who these people are. These to protect its ally in Damascus. But key, and perhaps other neighboring people believe in peaceful demonstra- there is a coalition of the willing ready countries to Syria, where they can be tions to bring about change—they have throughout the Arab world, and I think trained and equipped; provision of in- been repressed through brutality— some in Europe and elsewhere, which telligence that we have, which will whereas al Qaida, as we know, believes will not act until the United States help the opposition fight to defend in acts of terror. shows some leadership. themselves and their families. I agree with my colleague, if we pro- I want to just briefly put this in a Frankly, if it were up to us—and I vided a sanctuary for these people in historical context. After the Nazi Holo- know I can speak for Senator MCCAIN— order to organize and care for the caust of the last century, the world I think if we wanted to help and turn wounded, to have a shadow government said, ‘‘Never again.’’ ‘‘Never again.’’ We the tide quickly without a lot of unnec- set up as we saw in Libya, then I think have kept that pledge in some cases, essary loss of life, we would use allied it is pretty obvious that it would be a such as Bosnia and Kosovo, although it air power, Americans and our allies, huge step forward. took us too long—too many people and we would hit some targets impor- Again, as my friend from Connecticut were killed before the world acted—and tant to the Assad government. I think has often said so eloquently, probably in other places, such as Rwanda, we that would break their will, and it the most immortal words ever written turned away from the slaughter of peo- would increase the number of defec- in English are: We hold these truths to ple there. tions from Assad’s army and from the be self-evident, that all of us are en- Once again, we are challenged to very important business community, dowed—all—by our Creator with cer- show the victims whether we are true and would result in a much sooner end tain inalienable rights. to our words. I read something a few to this terrible waste of lives. The people of Syria who are suffering days ago in the Washington Post. An So that is our outcry, and that is my under this brutal dictatorship and are article was drawing parallels between answer to the question of my friend being slaughtered as we speak I believe the genocide in Bosnia during the 1990s from Arizona. I thought the Senator have those inalienable rights. The role and the killing that is taking place in was particularly right in condemning of the United States has not been to go Syria today. There was a 37-year-old the idea that if we get involved, it everywhere and fight every war, but it survivor of the Srebrenica massacre in militarizes the conflict—the conflict is has been the role of the United States Bosnia that finally got the world to get already militarized on one side. Russia of America, when it can, to go to the involved, who said: and Iran are providing Assad with all assistance of people who are suffering It’s bizarre how ‘‘never again’’ has come to the weapons he needs. In the mean- under dictatorships such as this, one of mean ‘‘again and again.’’ It is obvious that time, the opposition is scrounging the most brutal in history. And for us we live in a world where Srebrenicas are still around, paying exorbitant prices just to now consign them to the good graces possible. What is happening in Syria today is for bullets which they have been run- of Russia and whether they will veto a almost identical to what happened in Bosnia ning out of. U.N. Security Council resolution as to two decades ago. I ask my friend from Arizona, people whether we will act on behalf of these So what is the world waiting for? A say that intervention in Syria will be people is a great abdication of Amer- Syrian Srebrenica when thousands are much harder than it was in Libya. I ican authority and responsibility. killed on a single day by their own gov- wonder if he would respond to that ar- Finally, I wish to say that Senator ernment before we act? I hope not. And gument against us getting involved. LIEBERMAN and I have visited these that is why we speak out today. Mr. MCCAIN. I thank my colleague. I places. We have seen these people. I Just within the hour, a story was also want to point out that traveling in wish all of our colleagues—I wish all posted on Reuters news service out of the region and meeting with the lead- Americans—could have gone to the ref- Beirut: ers in these various countries, it cries ugee camp where there are 25,000 people Six hours after tanks and militiamen out for American leadership, I think who have been ejected from their pulled out of Mazraat al-Qubeir, a Syrian my colleague would agree, in a coordi- homes, the young men who still had farmer said he returned to find only charred nated partnership with these countries. fresh wounds, the young women who bodies among the smoldering homes of his But they cry out for American leader- had been gang raped, the families and once-tranquil hamlet. ship. And meanwhile, the President of ‘‘There was smoke rising from the build- mothers who had lost their sons and ings and a horrible smell of human flesh the United States, as this slaughter daughters. It is deeply moving. It is burning’’ said a man who told how he goes on, is silent. His spokesman says deeply, deeply moving. And, as my watched Syrian troops and ‘‘shabbiha’’ gun- they don’t want to militarize the con- friend from Connecticut said, they cry men attack his village as he hid in his family flict. How in the world could you make out. They cry out for our help. olive grove. a statement like that when 10,000 peo- We should be speaking up every day ‘‘It was like a ghost town’’ he told Reuters, ple have already been slaughtered? on their behalf, all of us, and we should . . .’’ That, to me, is so bizarre. I am not sure be contemplating actions that stop this Senator MCCAIN and I have been ex- I have ever seen anything quite like it. unprecedented brutality. plicit for some period of time. We have There is always the comparison, I say Mr. LIEBERMAN. Madam President, been both to Turkey and Lebanon to to my friend from Connecticut, about I thank Senator MCCAIN. I think he talk to leaders of the opposition and Libya. There is an aspect of this issue. spoke with real clarity and strength, people in the refugee camps, and they Libya was not in America’s security in- and this is exactly what we need to simply say to us: As Americans, you terests. Libya was clearly a situation continue to do. are our only hope. This is from a people where we got rid of one of the most I want to go to the point he made. whose government has been determined brutal dictators who was responsible Some people say we shouldn’t get in- in its anti-American posture, the Assad for the bombing of Pan Am 103 and the volved in Syria because we don’t know government, and yet the people now deaths of Americans. But if Syria goes who the opposition is; therefore, we turn to us—as people always do in a on the path to democracy, it is the should be cautious before helping time of crisis around the world—and greatest blow to Iran in 25 years. them. say, This is what America is about. Hezbollah is broken off. Russia loses its We have had the opportunity to meet America has a moral government that last client state. Iran loses the most the opposition and their leadership, cares about people’s right to life and important ally it has in the region. both the political opposition and the liberty, and we will not be saved unless Finally, I would say to my friend we military opposition. And I would tell you get involved. keep hearing over and over again that you, to the best of my judgment—I be- I hope the latest events move our extremists will come in; Al Qaida will lieve it is our judgment—these aren’t government to go beyond words to ac- come in. We heard that in Tunisia, we extremists. These are Syrian patriots.

VerDate Mar 15 2010 00:40 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.028 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3821 As Senator MCCAIN said, this whole ment raised, and the answers I would Assad did after the opposition briefly took movement started peacefully. They offer to those questions arguing for our over Homs and Hama and other cities in went out into the squares in big cities involvement with a coalition of the Syria. Likewise, if we were to intervene as in Syria. They were asking for more willing. we did in Libya, we could create a safe zone for the Syrian opposition to organize. freedom. They actually weren’t at the There being no objection, the mate- But here is another difference between beginning asking for an overthrow of rial was ordered to be printed in the Libya and Syria that is even more impor- the Assad government. But what was RECORD, as follows: tant. The stakes in Syria are dramatically Assad’s response to them? He turned Providing weapons to the opposition will higher than they were in Libya. his guns on them and started to kill only ‘‘militarize’’ the situation in Syria fur- First, let’s remember: Bashar al Assad is them wantonly. And when they decided ther and add to the chaos there. Iran’s most important ally in the Arab Our policy must be based on the reality of world. His regime is the critical linchpin there was no peaceful course—because the situation in Syria as it is, not as we that connects Iran and Hezbollah. As Gen- he rejected every compromise alter- might wish it to be—and the reality in Syria eral Mattis told the Senate Armed Services native that intermediaries put in—they today is that the conflict has already milita- Committee earlier this year, the fall of took up arms such as they could find. rized. It has militarized not because of the Assad would represent ‘‘the biggest strategic The danger here is not that the peo- Syrian opposition—which began last year by defeat for Iran in 25 years.’’ It would make it ple who are the leaders of the opposi- holding peaceful protests—but because of harder for Tehran to ship weapons to tion are extremists or terrorists; the Bashar al Assad himself, who responded to Hezbollah, including the tens of thousands of danger is that the extremists and ter- peaceful protests by unleashing tanks, artil- rockets that are pointed at our ally Israel. rorists will take over this movement if lery, militias and attack helicopters to That is why the Iranians are doing every- slaughter the Syrian people, and will keep thing in their power to help Assad crush the we and the rest of the civilized world doing so until he is stopped. opposition and stay in power. The fight in don’t get involved, and the Syrian op- Bashar’s regime has been enabled and en- Syria, therefore, is fundamentally about position will be sorely tempted to take couraged in its campaign of violence by Rus- Iran. If Assad stays in power, it will be their support because they have no al- sia, by Iran, and by Hezbollah. They are pro- viewed by everyone in the Middle East as a ternative. We simply can’t let that viding and resupplying Assad with weapons. huge victory for Iran, and a defeat for the happen. They are providing funding to sustain his United States. I know there is a lot going on in our killing machine. They are providing training Second, if things continue on their current country. I know people are worried and instruction to Assad’s forces. There are path in Syria, it is increasingly clear that even reports that Iranian operatives are on the country will descend into a sectarian about the economy, as we are, of the ground in Syria. In fact, an IRGC Quds civil war. The result could be a failed state course. But America’s strength and force commander acknowledged this last in the heart of the Middle East, and the per- credibility in the world has actually al- week. fect environment for al Qaeda to establish a ways been not only what we are about That is why the situation has militarized toehold. In addition, we are already seeing by our founding documents and our in Syria. And right now, it is not a fair fight. signs that chaos in Syria is spilling over and history but what maintains our credi- While Assad is being armed and resupplied destabilizing Lebanon. This will likely get bility and strength in the world, which by Russia, Iran, and Hezbollah, the Free Syr- worse, threatening not only Lebanon but ian Army has only light weapons to defend is a foundation of our economic also Syria’s other neighbors, including Jor- itself. When Senator McCain and I traveled dan, Turkey, Iraq, and of course Israel. In strength. The longer we give words but to southern Turkey in April to meet with short, if Syria collapses, it will be a threat no action in response to the murder Syrian refugees and opposition fighters, we to the entire Middle East, including some of and rape of victims in Syria, the lower were told that opposition fighters were run- our closest friends there. Add to this that our credibility is. And we can’t afford ning out of ammunition. Getting commu- the Syrian regime has one of the largest that. nications equipment to the opposition in stockpiles of chemical weapons in the world. Senator MCCAIN said, and I want to Syria, as the United States has pledged to For all of these reasons, the United States emphasize, the main reason to get in- do, will be helpful. But radios alone will not has vital national interests at stake in volved here is humanitarian. It is what protect the Syrian people against tanks and Syria—much more than we did in Libya. We helicopters. cannot afford to let Iran prevail in Syria. We America is about. It is about the pro- Providing weapons and intelligence and cannot afford to let Syria become a failed tection of life and liberty. But it hap- other lethal support to the Syrian opposition state with weapons of destruction that pens to be that this makes a lot of therefore won’t militarize the situation in threaten its neighbors. We cannot afford to strategic sense, too, because the No. 1 Syria. The conflict already has been milita- allow Syria to become a new base for al enemy we have in the world today is rized, because of Assad. What we can do is Qaeda. And yet, in the absence of our inter- Iran. If Assad goes down, Iran will suf- give the Syrian people the chance to defend vention, these are precisely the outcomes fer a grievous blow. themselves against Assad, by providing them that are most likely to happen. Some people said, and some still say with weapons. This will give the Syrian peo- ple a chance to fight back and change the Unlike in Libya, there is no international it—including high officials of our gov- military balance on the ground in Syria. consensus for intervention in Syria. ernment—that it is not a question of And let me add: it has been almost a year Let’s be absolutely clear. The United whether Bashar al Assad will fall but since President Obama said that Assad must States should not act unilaterally in Syria. when. I don’t agree. Having been over go. And still he remains in power. We all Nor do we need to put any boots on the there talking to the opposition, watch- agree that there will be no peace or stability ground there. On the contrary, our key part- ing what is happening, this is a pro- in Syria as long as Assad is in charge. But ners in the Middle East have the money, re- foundly unfair fight. Assad has most of there is absolutely no prospect that he will sources, and territory that are needed for a leave power until the military balance of full-scale effort to train, equip, arm, and or- the guns and systems, and the freedom power in Syria turns against him. As of now, ganize the Syrian opposition against Assad— fighters have very little. He will keep Assad thinks that he is winning. The only and they are ready to do so. What has been doing this as long as he has to, and this way to change the military balance of power missing is leadership, organization and strat- war will go on a long time, with thou- is to begin to provide the opposition with the egy, which only the United States can pro- sands and thousands and thousands of means to turn the tide of this fight against vide. more innocent people killed as they him. Until that happens, Assad will stay, and Senator McCain and I have personally were earlier today in the Mazraat al- the Syrian people will continue to die. traveled to the Middle East on several occa- sions this year. We have spoken to the lead- Qubeir. Syria is not Libya. Intervention in Syria ers of our key partners in the region. They The facts cry out for us to take ac- will be much harder and more complicated. are ready to work with us to help the opposi- tion. I hope and pray we will. Senator It is true that there are differences be- tion. They have also said so publicly. Saudi MCCAIN and I and others have. Senator tween Syria and Libya. Syria’s air defenses Arabia and Qatar have called for providing RUBIO has an op-ed in the Wall Street are far more sophisticated. The population of weapons to the Syrian resistance. The Ku- Journal today that speaks to some of Syria is larger and more diverse than the waiti parliament has called on its govern- the points we have made, and others on population of Libya. And the opposition in ment to do the same. The leader of Turkey both sides I hope will continue to speak Syria does not have a safe zone—although it has spoken openly about the need for estab- is worth remembering that the only reason out until finally there will be action to lishing safe zones. Most importantly, Syr- the opposition in Libya had a safe zone was ians themselves have for months been calling save the lives of innocents. because of our intervention. Had we not for international intervention, including I ask unanimous consent to have stepped in when we did, Qaddafi’s forces military intervention. printed in the RECORD a series of ques- would have overrun Benghazi and slaugh- Now it is true we cannot get a UN Security tions that opponents of our involve- tered the people there—just as Bashar al Council resolution authorizing military

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.030 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3822 CONGRESSIONAL RECORD — SENATE June 7, 2012 intervention in Syria. That is because of there is any chance to get Moscow on board, Mr. President, Senator McCain and I know Russia and China, whose governments made it will only happen when the Russians realize that the American people are tired of war. clear long ago that, for their own reasons, that Assad is going to lose—and that it is But the fact is, the United States remains they will veto any meaningful resolution re- therefore in their interest to work with us to the leader of the world. We are the indispen- lated to Syria. There is no sign that is going hasten his departure in exchange for pro- sable nation. And we have vital national in- to change. tecting their interests in post-Assad Syria. terests in the world that we need to uphold, But let’s also remember: NATO took mili- Finally, let me add, even if Putin is some- and we have values that we have to stand tary action in Kosovo in 1999 without UN au- how persuaded to abandon Assad, it is far for. Everyone in the world knows that there thorization. Then, as now, a dictator was from clear that he has the means to deliver. is only one nation on earth that can stop the slaughtering innocent people. Then, as now, Last year, the Turkish government—which killing in Syria, if it chooses to do so, and the dictator was a close ally of Moscow, had previously been one of Assad’s closest that is us. And if we fail to do so, then the which made clear it would not allow the UN partners in the world—turned against him as responsibility for that failure and that con- to authorize the use of force. Thankfully, the violence in Syria escalated. This had ab- tinued killing will also rest with us—just as this did not stop President Clinton from res- solutely no effect on Assad, who continued it did with Rwanda. cuing Kosovo. At the time, he argued, cor- his campaign of terror. The same very well Let me close, Mr. President, by asking a rectly, that the UN Security Council was not could prove to be the case with Russia as simple question: how many people must die the sole path to international legitimacy and well. before the United States puts an end to this instead worked through NATO to save We don’t know who the opposition is, and slaughter? More than 10,000 have been killed. Kosovo. we should therefore be cautious before help- More than 1,000 have died just since the The same is true today. And there is no ing them. Annan plan was announced two months ago. reason why the Arab League or the Gulf Co- Mr. President, we hear again and again How many more must be killed before we do operation Council (GCC) or perhaps the that we don’t know who the Syrian opposi- something meaningful to hasten the end of Friends of Syria Contact Group couldn’t pro- tion is. This astonishes me. It has been near- the Assad regime? vide the legitimacy for military measures to ly a year and a half since this uprising A few days ago, the Washington Post ran a save Syria, just as NATO did in 1999. began. If we don’t know who the Syrian op- story about the parallels between the geno- position is by now, it is only because of a cide in Bosnia during the 1990s, and the kill- Why not just let Syria’s neighbors take the willful refusal on the part of the Obama Ad- ing that is taking place in Syria today. The lead in helping the Syrian opposition? Why ministration to find out who they are. Post interviewed a 37-year old survivor of does America need to be involved? The truth is, we do have a good idea of who the Srebrenica massacre, who said: ‘‘It’s bi- It’s true that many of our partners in the these people are. Senator McCain and I have zarre how ‘never again’ has come to mean Middle East want to help the Syrian opposi- met with them—here in Washington, in Tur- ‘again and again.’ It’s obvious that we live in tion by providing them with weapons. But key, Lebanon and elsewhere in the region. a world where Srebrenicas are still possible. they want and need America to work with We have met the leaders of the Syrian Na- What’s happening in Syria today is almost them in this effort. They recognize that only tional Council and of the Free Syrian Army. identical to what happened in Bosnia two the United States can provide the leadership, We have met with young Syrian activists decades ago.’’ the organization, and the strategy to ensure who have been going back and forth into That is sadly true. Shame on us if we fail that these efforts to support the Syrian op- Syria. We have met with the refugees who to stop history from repeating itself. position are successful. have fled the killing fields of Hama and Mr. LIEBERMAN. I yield the floor, That being said, I don’t doubt that, in the Homs and Deraa into neighboring countries. absence of U.S. leadership, some countries in So there is no great mystery here. These and I suggest the absence of a quorum. the region will try to supply the Syrians people are not al Qaeda. They are Syrians The PRESIDING OFFICER (Mrs. with weapons on their own. Likewise, the who are desperately trying to free them- MCCASKILL). The clerk will call the Syrian fighters themselves are trying to find selves from a terrible dictatorship. roll. weapons wherever they can—including Now it is unquestionably true that al The assistant bill clerk proceeded to through the black market and criminal net- Qaeda is trying to exploit the situation in call the roll. works. And can we blame them for doing so? Syria. They want to get a foothold there. Mr. WHITEHOUSE. Madam Presi- They are in a fight for their very lives. But that is precisely why we must help the opposition. The fact is, the longer this con- dent, I ask unanimous consent that the So the question is not whether weapons are order for the quorum call be rescinded. going to flow to the opposition. The question flict goes on, the more the Syrian people are is whether we the United States play a role going to be vulnerable to radicalization. And The PRESIDING OFFICER. Without in this process, or whether we take a hands- if responsible nations abandon the people of objection, it is so ordered. off approach and just let the chips fall where Syria, al Qaeda will stand a better chance of Mr. WHITEHOUSE. I ask permission they may. The question is, which path is making inroads. to speak as in morning business. more likely to allow us to protect our inter- The PRESIDING OFFICER. Without ests and encourage a decent outcome in The opposition is too divided, and there- objection, it is so ordered. fore we can’t effectively help them until Syria? Which path is more likely to be suc- they unify and get organized. GASPEE DAY cessful? It is true that there are divisions in the Mr. WHITEHOUSE. Madam Presi- If we stand back, it is much more likely Syrian opposition. But it is worth remem- that the people in Syria who will end up with dent, we are always wise in this Cham- bering that the Libyan opposition also was weapons will not be the people we want to ber to reflect with reverence and grati- divided. It was our intervention that helped see empowered. It will not be the elements in tude on those who risked their lives them to unite, not least because we ensured the opposition who respect human rights and that they had the safe zone in which to do so. fighting to establish this great Repub- reject terrorism. People who therefore argue that we lic. Today I would like to recognize and By contrast, if we get involved, we will be shouldn’t help the Syrian opposition until celebrate the 240th anniversary of one in a much stronger position to influence the they are united have it exactly backwards. It of the earliest acts of defiance against conduct of the Syrian opposition, to em- is precisely by helping the Syrian opposition the British Crown in our American power the responsible elements inside the that we can unite them. country and sideline those on the fringes struggle for independence. A U.S.-coordinated train-and-equip mis- Most Americans remember the Bos- who commit human rights abuses or who sion would provide the leverage to better have ties to al Qaeda. unify and broaden the opposition, incor- ton Tea Party as one of the major porate all of the key stakeholders in Syrian events building up to the American The Russians can be persuaded to abandon society, and influence their conduct. The Revolution. I see the pages in front of Assad. We should focus on attention on di- benefit for the United States in helping to me nodding knowledgeably: Yes, I do plomacy with Moscow, rather than aiding lead this effort directly is that it would know about the Boston Tea Party. the opposition. allow us to more effectively empower those For months, the Obama Administration We learned that story of the spirited Syrian groups that share our interests and Bostonians—literally spirited Bosto- has told us that Russia is on the brink of our values. changing its position and abandoning Assad. Syrian fighters who want our help must re- nians, I am told—clamoring onto the For months, we have been told that Moscow ject al-Qaeda and terrorism; refrain from decks of the East India Company’s is coming around to seeing things our way. human rights abuses and revenge killings; ships and dumping those tea bags into And as we’ve waited and waited for the Rus- place themselves under civilian-led opposi- Boston Harbor to protest British tax- sians, thousands more Syrians have been tion command-and-control; and secure any ation without representation. killed, the situation inside Syria has deterio- weapons stockpiles that fall into their However, there is a milestone on the rated, and nothing has changed. hands. Mr. President, it is time to stop waiting path to the Revolutionary War that is for Putin. The Russians are not going to The American people are tired of war. We too often overlooked, and that is the abandon Assad—especially as long as he can’t afford to get involved in another fight story of 60 or so brave Rhode Islanders seems to be winning on the battlefield. If in the Middle East. who challenged British rule more than

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.031 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3823 a year before the Tea Party in Boston. board. Refusing to yield to JOBS Today I rise to honor those little- Dudingston’s threats, the Rhode Is- Mr. COATS. Madam President, I just known heroes who risked their lives in landers forced their way onto the returned from a week back home in In- defiance of oppression on one dark Gaspe´e’s deck, wounding Dudingston diana where I had the opportunity to night in Rhode Island 240 years ago. with a musket ball in the midst of the meet with Hoosiers from all parts of In the year before the Revolutionary struggle. Right there in the waters of our State and on all kinds of different War, as tensions with the American Warwick, RI, the very first blood in the issues. One of the common themes that Colonies grew, King George III sta- conflict that was to become the Amer- came out of my week back home was tioned revenue cutters, armed customs ican Revolution was drawn. the sentiment that we just are not patrol vessels, along the American As the patriots commandeered the growing as fast as we need to as a na- coastline to prevent smuggling and ship, Brown ordered one of his Rhode tion in order to get people back to force the payment of taxes and impose Islanders, a physician named John work. the authority of the Crown. One of the Mawney, to head immediately to the We held a job fair in Lafayette, IN. most notorious of these ships was sta- ship’s cabin to tend to Dudingston’s About 2,200 people showed up at this tioned in Rhode Island’s Narragansett wound. In their moment of victory, job fair looking for work opportunities. Bay. The HMS Gaspe´e and her captain, Brown and his men showed mercy to a While many walked away with job of- Lt William Dudingston, were known man loathed for his cruelty, a man who fers in hand, clearly there are not for destroying fishing vessels, seizing had threatened to open fire on them enough viable opportunities out there cargo, and flagging down ships only to only moments before. to get the people back to work who harass, humiliate, and interrogate the Allowing the Gaspe´e’s crew time to really want to get back to work. colonials. collect their belongings, Brown and As I talked to businesspeople across Outraged by this egregious abuse of Whipple took the captive Englishmen the State, particularly with small busi- power, the merchants and shipmasters to the shore before returning to the de- ness owners, there was a common of Rhode Island flooded civil and mili- spised Gaspe´e to rid Narragansett Bay theme that came forward: they are tary officials with complaints of the of her presence once and for all. They very reluctant to hire. It is not that Gaspe´e, exhausting every diplomatic set her afire. The blaze spread to the their businesses aren’t improving. We and legal means to stir the British ship’s powder magazine, setting off ex- have seen some significant improve- Crown to regulate Dudingston’s con- plosions like fireworks, the resulting ment, particularly in Indiana, with duct. Not only did British officials ig- blast echoing across the bay as air- some drop in the unemployment rate. nore the Rhode Islanders’ concerns, borne fragments of the ship splashed But they say it is not specifically that they responded with open hostility. down into the water. they don’t have the work, it is that The commander of the local British The site of this historic victory is they are afraid to hire. They are afraid fleet, Adm John Montagu, warned that now named Gaspe´e Point in honor of to hire new people because there is so anyone who dared attempt acts of re- these audacious Rhode Islanders. So I much uncertainty about what their sistance or retaliation against the come again to this Senate floor to taxes are going to be, what new regula- Gaspe´e would be taken into custody share this story and to commemorate tions are going to come forward, what and hanged as a pirate, which brings us the night of June 9, 1772, and the names new items are going to be imposed to June 9, 1772, 240 years ago this week. of Benjamin Lindsey, John Brown, and upon them by the regulatory authori- Rhode Island ship captain Benjamin Abraham Whipple, a man who went on ties in Washington, DC, and by the Lindsey was en route to Providence to serve as a naval commander in the health care reform bill which puts from Newport in his ship, the Hannah, Revolutionary War. I do know that some new mandate on them. when he was accosted and ordered to these events and the patriots whose ef- To hire new employees, they say, we have yield for inspection by the Gaspe´e. Cap- forts allowed for their success are not to factor in all of these various uncertainties tain Lindsey and his crew ignored that forgotten in my home State. Over the in terms of our ability to continue this busi- command and raced northward up Nar- years, I have enjoyed marching in the ness on a profitable basis. So whether it is ragansett Bay—despite the warning annual Gaspe´e Day Parade in Warwick, talking to farmers in southern Indiana who shots fired by the Gaspe´e. As the Gaspe´e are upset about the various proposed regula- RI, as every year we recall the courage tions affecting their businesses or whether it gave chase, Captain Lindsey knew that and zeal of these men who fired the is manufacturers in northwest Indiana or to his ship was lighter and drew less first shots that drew the first blood in small business people across the State, I am water, so he sped north toward that great contest for the freedoms we hearing this repetitive response—that Wash- Pawtuxet Cove, toward the shallow enjoy today. They set a precedent for ington is trying to impose too much, and waters off Namquid Point. The Hannah future patriots to follow—including there is too much uncertainty about their shot over the shallows, but the heavier those in Boston who more than a year ability to deal with the future and make de- Gaspe´e grounded and stuck firm. later would have their Tea Party. cisions about hiring. The British ship and her crew were But don’t forget, as my home State One of the latest things we have been caught stranded in a falling tide and prepares once again to celebrate the hearing is that the EPA is imposing would need to wait many hours for a anniversary of the Gaspe´e incident, significant new regulations relative to rising tide to free the hulking Gaspe´e. that while Massachusetts colonists the Clean Air Act on emissions that Spotting this irresistible opportunity, threw tea bags off the deck of their will affect Indiana utilities in a very Captain Lindsey proceeded on his British ship, we blew ours up and shot significant way. Another thing our course to Providence and enlisted the its captain more than a year before. We businesspeople mentioned is they don’t help of John Brown, a respected mer- are little in Rhode Island, but, as Lieu- know what their utility rates are going chant from one of the most prominent tenant Dudingston discovered, we pack to be in the future because of these new families in the city. The two men ral- a punch. regulations coming out, and the utili- lied a group of Rhode Island patriots at I thank the Chair. ties are basically telling them they are Sabin’s Tavern in what is now the East I yield the floor and note the absence going to have to pay more in the future Side of Providence. Together, the of a quorum. because of these new regulations. group resolved to put an end to the The PRESIDING OFFICER. The I stand here as someone who voted Gaspe´e’s reign over Rhode Island clerk will call the roll. for the Clean Air Act and supports the waters. The legislative clerk proceeded to Clean Air Act. We are all for clean air. That night, the men, led by Captain call the roll. However, there are those of us who are Lindsey and Abraham Whipple, em- The PRESIDING OFFICER. The Sen- trying to propose reasonable ways of barked in eight longboats quietly down ator from Indiana. achieving that goal without negatively Narragansett Bay. They encircled the Mr. COATS. Madam President, I ask impacting our ability to hire people Gaspe´e and called on Lieutenant unanimous consent that the order for and the ability of consumers to pay Dudingston to surrender his ship. the quorum call be rescinded. their utility bills and the ability of Dudingston refused and ordered his The PRESIDING OFFICER. Without corporations and businesses to have men to fire upon any who tried to objection, it is so ordered. reasonable rates so they can compete

VerDate Mar 15 2010 03:26 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.033 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3824 CONGRESSIONAL RECORD — SENATE June 7, 2012 worldwide in producing products. They are imposed by legislation or regula- lative process. However, as of today, are not asking for a return to dirty tion, in most cases, that comes out of the bill is filled with inequities and is skies. They are not asking for a return Washington. unbalanced. Contrary to statements to dirty water. They are citizens of the So as we look at opportunities in the made on this floor over the last several United States. They breathe the same Senate to responsibly address some of days, the bill under consideration seeks air we all breathe. What they are say- these issues, in this business it is al- to place a one-size-fits-all policy on ing, however, is that they need a solu- ways tempting to politicize the process every region of the country. It works tion to the problem handled in a re- so that if someone doesn’t immediately for some regions, but it does not work sponsible, reasonable way, and an af- step up and salute the latest EPA regu- for other regions. Because the distribu- fordable way that gives them time to lation, we are harming people here or tion of benefits is skewed to one par- implement these regulations. There denying people there; that there are ticular region, it fails the basic test of has been a lot of talk recently about safety concerns, and we are risking fairness that we all seek in legislation two items the EPA has been imposing harm to people and so forth. All we are that moves through this Chamber. on the power industry, and after vis- asking for is a reasonable way to go I believe the farm bill needs to pro- iting with Indiana utilities it is clear forward to meet reasonable health and vide an effective safety net for farmers, the EPA timeline will result in more safety standards. What we are saying is ranchers, and rural communities in job loss and skyrocketing rates. So, that the surge of regulations that is times of deep and sustained price de- again, while we all want to support pouring out of Washington upon our cline. It should also responsibly pro- clean air, doing so in a way that also people and upon our businesses within vide nutrition assistance to those in keeps our people at work and keeps our the last 2 or 3 years is staggering, and need in all parts of the country, urban utility rates at a reasonable level is it is clearly holding down growth. It is and rural alike. not being considered by the EPA. clearly holding down economic recov- The farm bill initially, and remains, I joined with a Democrat, JOE ery. It is clearly holding down the abil- focused on farmers and ranchers, help- MANCHIN of West Virginia, to bring for- ity of businesses to hire and put more ing them manage a combination of ward legislation that meets the stand- people back to work. challenges, much out of their own indi- ards and meets the goals but does so in So whether it is the Inhofe resolution vidual control, such as unpredictable a way that gives those power-producing of disapproval, which I strongly sup- weather, variable input costs, and mar- utilities the opportunity and time and port, or any of a number of other pro- ket volatility. All combined determine cost opportunity to be able to accom- posals, I am going to support those. profit or loss in any given year. The plish that. All we have done is just ex- The blank check that has been given to 2008 farm bill continues today to pro- tend, in the case of one of the regula- regulatory agencies, because it is not vide a strong safety net for producers, tions, for 2 years, and in the case of an- possible for this administration to pass and any follow-on legislation must ad- other, for 3 years to give those utilities it through Congress as they did in 2009 here to and honor the same commit- time to comply because the immediate and 2010 with a total majority no ment we made to our farmers and compliance requirements of the EPA longer exists. Therefore, the regulatory ranchers across America 4 years ago. on these utilities means they are going agencies appear to have been given a At the same time, I believe the agri- to have to shut down the plants. blank check, and they have just run culture sector can contribute to deficit Some of them are in retrofit as we amok with regulations. So as we look reduction, and the bill before us pro- speak; however, that retrofit may not at these regulations, let’s take a rea- vides savings and mandatory spending meet the EPA deadline. Therefore, sonable look in terms of what we need programs. The key, though, is to do they are asking for the right to get a to accomplish and in terms of pro- this in an equitable and fair manner waiver for an extension. That is what viding for the health and safety of our throughout all titles and areas of the Manchin-Coats—Coats-Manchin—does. people and what the consequences are bill. The nutrition benefits in this bill, It provides a reasonable way of achiev- of trying to do it in a way that jeopard- which are already inflated by the ing the goals of clean air, but doing so izes our economic recovery and getting President’s failed stimulus package, in a way that doesn’t have a dev- people back to work. are reduced by only one-half of 1 per- astating impact on our States as these I yield the floor. cent, while the commodity title is cut regulations would do. The PRESIDING OFFICER. The Sen- by roughly 15 percent. By this account, One is the CSAPR Rule, which deals ator from Georgia. it is clear that the Agriculture Com- with sulfur and nitrogen oxide emis- Mr. CHAMBLISS. Madam President, mittee carefully determined how best sions, and the other is called Utility I rise today to speak on S. 3240, the leg- to contribute to deficit reduction to MACT, which reduces mercury emis- islation to reauthorize the farm bill. As ensure an undue burden was not placed sions. In particular, there is a move- a former chairman and former ranking on those truly in need. ment underway now to remove mer- member of the Agriculture Committee This farm bill will be my fourth as a cury from these emissions. But if we in the Senate, I recognize how difficult Member of Congress, and each has had don’t do it in a responsible way, the it is to combine all of the diverse inter- its own unique challenges and opportu- consequences of the EPA regulations ests into legislation that meets the nities. Balancing the needs and inter- coming down hard mean closing up to needs of all crops, regions, and rural ests of all agriculture requires patience six powerplants in Indiana and a sky- and urban communities that the farm and an open ear. It is very important rocketing of utility rates. bill impacts. This bill before us is no that we recognize the unique dif- There is a particular impact on small exception. I am disappointed that at ferences between commodities as well business. Small business, as we know, this time I am not able to support this as different parts of the country. provides most of the hiring and those bill because of its current form. As agricultural markets become small businesspeople don’t have the I wish to take a moment to commend more complex, we must be mindful backroom support to comply with all the chairman and the ranking member that a one-size-fits-all program no the written and required regulations for their efforts in putting a farm bill longer works for U.S. agriculture. Re- that are being imposed on them. I have together in the very difficult budget gions are much more diverse than they talked to so many people who have said time we are in. We all understand that ever were, and we need to recognize instead of being out on the showroom agriculture has to pay its fair share of this diversity by providing producers floor, being out front at the counter, deficit reduction. Frankly, for what it with different options that best match they have to be back half the time in is worth, it is going to be at the lead of their cropping and growing decisions. their business complying with regula- the pack when it comes to partici- My greatest concern with this bill is tions. A hospital administrator told me pating in deficit reduction. We are one that the commodity title redistributes of the 12,000 people under their employ, of the first agencies out of the box to resources from one region to another 6,000 provide care and 6,000 fill out pa- make a commitment to do so. not based on market forces or cropping perwork for compliance with regula- That being said, it is my hope that at decisions, but based on how the under- tions, compliance with reimbursement, the end of the day, I will be able to sup- lying program—the Agriculture Risk administrative costs, many of which port this bill as we complete the legis- Coverage Program—was designed.

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.034 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3825 After deducting a share for deficit re- insurance programs included in the called the Stacked Income Protection duction, certain commodities receive bill, as well as stating that we were Plan for users of upland cotton, or the more resources than others, and crops solving the problem with commodity STAX program. The program in this such as peanuts and rice are left with- programs by eliminating direct pay- bill is a significant departure from out any safety net whatsoever. ments. I have seen quotes in the press what is available to other covered com- There are many reports illustrating criticizing southern commodities, stat- modities and puts us down the path of the lopsidedness of this bill. Among the ing we are too closely tied to direct resolving the WTO dispute with Brazil. biggest losers in budget baseline are payments. My hope now is that our Brazilian wheat, barley, grain, grain sorghum, Well, let me be very clear. I have friends engage in a real and meaningful rice, cotton, and peanuts. We should never been a fan of direct payments, way and we can put this issue behind not convince ourselves that this is not and back in 1996, as a Member of the us. going to have an enormous negative House, I supported a much different At the end of the day, let’s remem- consequence for many regions of the proposal. Let me also state clearly that ber, the reason we are here is to rep- country. Put simply, by making the from my point of view, direct payments resent the hard-working men and bill too rich for a few at the expense of were always difficult to defend and we women who work the land each day to many it lacks balance. needed to find a different way to pro- provide the highest quality of agricul- Some will say planting shifts are re- vide a safety net, while doing it in a tural products in the world. I believe sponsible for much of the change in the fiscally responsible way. Southern we have the opportunity to pass a bill budget baseline, and that is partly growers have not asked for direct pay- that can be equal to their commitment true. But it does not take away the in- ments at any time during the current in providing food, feed, and fiber that jury that would be inflicted on regions discussions. My criticism stems en- allow us to continue to be the greatest of the country nor does it tell the tirely from the fact that this farm bill producer on the Earth. whole story. By squeezing all crops shoehorns all producers into a one-size- Right now, this bill lacks the com- into a program specially designed for fits-all policy. Producer choice based mitment and strength of those it was one or two crops, this bill will force on a producer’s inherent risk is the designed to support. I do not intend to many growers to switch to those crops better course to follow. impede the movement of the farm bill in order to have an effective safety net. The University of Georgia’s National that, if repaired through an open This is the very planting distortion Center for Peanut Competitiveness amendment process—of which we have caused by farm policy that we seek to evaluated the ARC Program, which is been assured at this point—has the po- avoid in any farm bill. the fundamental safety net that is pro- tential of providing for all of America. But there is another very serious vided for in this farm bill, and they de- Farm bills are complex. They always problem with this bill: It is not going termined that it is of little utility to consume a lot of floor time. But the to be there when farmers really need it. peanut producers. The center has a farm policy is also very important. I Whether offered on an on-farm or area- database of 22 representative farms look forward to the forthcoming debate wide basis, offering farmers a narrow spread throughout Oklahoma, New over the next several days and weeks 10-percent band of revenue protection Mexico, Texas, Mississippi, Alabama, and, at the end of the day, to hopefully will not provide a safety net if crop Georgia, Florida, South Carolina, having a true, meaningful, and bal- North Carolina, and Virginia. Based on prices collapse—and we know they will. anced farm bill that will provide pro- the analysis provided, this farm bill Under this bill, a farmer has an 11-per- ducers an equitable opportunity of a does not provide the same level of pro- cent deductible, then the next 10 per- safety net and at the same time con- tection as for midwestern growers who cent of losses is covered, but then tinue to provide the world with the will be growing corn and soybeans. farmers are left totally exposed to a safest, most productive, and highest That is a fact. plunge in crop prices all the way down I want to work with the chair and quality agricultural products there are to the loan rate. If that happens, Con- ranking member with respect to trying today. With that, Madam President, I yield gress will be asked to pass ad hoc dis- to make the bill more balanced and the floor. aster programs again. We should seek more equitable, but, frankly, all of our The PRESIDING OFFICER. The Sen- to avoid such disaster packages, and offers to this point in time have been ator from South Dakota. farm bills give us the opportunity to do rejected. Peanut producers have offered that, not create ad hoc disaster oppor- no proposal that includes direct pay- MAJORITY CONTROL OF SENATE AGENDA tunities. Crop insurance can cover the ments, yet they are labeled as ‘‘unwill- Mr. THUNE. Madam President, ear- production side of the risk if you can ing to change from the status quo.’’ lier today the majority leader and the afford to buy higher coverage, but it The ARC Program is not new; it is a majority whip came to the floor to does not cover year-on-year low prices. derivative of a program in the 2008 decry and denounce, attack Repub- Even the 10-percent revenue band the farm bill that experienced low partici- licans for what appeared to be literally bill does cover has problems. Because pation. In fact, when producers had a everything bad that has happened in the revenue guarantee is based on the choice, they chose something other the world in the last several years, to previous 5 years’ price and production, than this type of program. the point you have to ask yourself, do the guarantee is only as good as those In spite of all this, I should point out they really believe what they are say- previous 5 years. If they were bad or that this bill includes a new program ing? They came down here to talk they become bad, the guarantee is also for cotton that complies with our about how Republicans are blocking bad. This is not an effective safety net. international commitments and will this, are blocking that. Just last week, my staff and I trav- show our trading partners that we will I think it is important to point out eled throughout south Georgia, and we abide by our international agreements. that now for the past 6 years, the witnessed crop damages and in some As chairman and ranking member of Democrats have been the majority cases total losses of crops which were the Agriculture Committee, I com- party in the U.S. Senate. In fact, for 2 the result of a hailstorm that occurred mitted to finding a solution to the of those years, they had a filibuster- across a 40-mile stretch of Georgia. It WTO Brazil case. I authored legislation proof, 60-vote majority in the Senate. is estimated that well over 10,000 acres in 2005 and again in 2008 that made sig- Filibuster proof—literally, they could have been damaged or totally lost. I do nificant changes in the cotton and ex- do anything they wanted to in the Sen- not see how a small band of revenue port programs to bring us into compli- ate. They had a majority in the House protection, provided for in this bill, ance with our international commit- of Representatives, and, of course, they that is limited to $50,000, is helpful to ments. We eliminated the Step 2 pro- got the Presidency. some farmers who lost over $1 million gram, we reformed the cotton mar- If you look at the volume of the leg- in one field. The ARC proposal in this keting loan program, and reduced the islation that was produced at the time, bill is simply not an effective safety cotton countercyclical program unilat- most of the things that were accom- net. erally and in good faith. plished with the 60-vote, filibuster- Members have come to the floor We find ourselves again reforming proof majority were things the Amer- championing the commodity and crop the cotton safety net with what is ican people disagreed with—I think as

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.035 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3826 CONGRESSIONAL RECORD — SENATE June 7, 2012 evidenced now by what you see in I would also suggest that the real bling you to do literally anything you terms of public opinion polling about reason, probably, that we do not have wanted to do. They still have the ma- the health care bill. Most people dis- votes on amendments and that the fill- jority in the U.S. Senate, the ability to agree with the individual mandate that ing of the tree is used repeatedly is be- control the agenda and to determine was included in that legislation and cause Members on the other side do not what does and does not come to the disagree generally with many of the want to make the hard decisions, do floor, what amendments are allowed, provisions in the bill. not want to cast the tough votes. I and the use of the filling of the tree in But my point very simply is, for a pe- think that is evidenced as well by the an unprecedented way. It is pretty riod of time, the Democrats literally fact that for 3 years in a row now, we clear to me that to suggest for a mo- had the run of the tables here in Wash- have not had a budget in the Senate. ment it is Republicans who are at- ington, DC, as we know it—a filibuster- If there was a real interest in solving tempting to slow things down around proof, 60-vote majority in the Senate, a problems, you would think the major- here or keep the majority from work- majority in the House of Representa- ity—again, which has the responsi- ing its will is completely contrary to tives, and the Presidency—yet they bility to put a budget on the floor— the facts and the reality, as I think come down and decry Republicans as would bring a budget to the floor that most Senators—all Senators, I think— being responsible for all the things would set a direction for the future of know. that have or have not happened here in this country and ask the Members of I know my colleague from Wyoming the Senate. the Senate to vote on it, to vote on is someone who is somewhat new here, One of the things they point out is amendments, to have an opportunity but he has been here long enough now that there is this intent by Repub- to say to the American people: This is to have seen many times where the ma- licans to continue to filibuster legisla- how we would lead the country. That jority has prevented the minority from tion. I would argue that nothing could has not happened now for over 1,100 actually offering amendments, getting be further from the truth. In fact, ev- days, for the past 3 years. votes on amendments on the floor of erybody knows that in the Senate the Now, Republicans are ready and will- the Senate. I would just suggest to him majority leader is the person who is ing to work with the majority, as we first to be recognized on the Senate and allow him to make some observa- have evidenced on many occasions. In floor, which allows him to use that tions with regard to this subject as fact, we are going to debate, this next power to offer a series of Democratic well because it strikes me, at least, week, farm bill legislation—something amendments to pending legislation in a that he and I both—and many of our for which there is bipartisan support in way that prevents Republicans from of- colleagues—are very interested in the Senate. fering their own ideas. It is called fill- working with the majority on things I would argue that there are many ing the tree—sort of a term of art that that would actually put people back to things we would like to see done. We is used around here in the Senate. But work, get our economy growing again. would love to have an opportunity to filling the tree essentially is what the We would love to have that oppor- vote on extending the tax rates that Democratic majority leader has the op- tunity. are in effect today—which is something The PRESIDING OFFICER (Mr. portunity to do because he has the that even President Clinton in the last SANDERS). The Senator from Wyoming. power of recognition and he can fill the Mr. BARRASSO. Mr. President, I amendment tree and prevent the Re- few days has come out in support of— would just like to comment on that. publican amendments from being of- because we know—everybody here Because it does not matter how long fered and voted on. knows—we are facing this fiscal cliff. It Now, interestingly enough, Majority could be very dangerous to our econ- one is here, all we need do is pick up the newspaper or pick up the National Leader REID once insisted that this omy if steps are not taken to prevent practice ‘‘runs against the basic nature and avoid that. And we would be more Journal. I agree with my colleague of the Senate.’’ Let me repeat that. than willing to work with the majority from South Dakota. At the beginning of this year, the Na- Majority Leader REID once insisted on extending the tax rates to give some that filling the amendment tree ‘‘runs certainty to our job creators and our tional Journal, big article, picture of against the basic nature of the Sen- small businesses. the majority leader, and the headline ate.’’ But by the way the Senate oper- We would also like to work with is: ‘‘Reid’s New Electoral Strategy.’’ ates today, it is pretty clear that he them on the sequester that is going to ‘‘Forget passing bills’’ is the subhead- has abandoned that assessment. happen at the end of the year, in redis- line. ‘‘Forget passing bills. The Demo- According to the Congressional Re- tributing those cuts in a way that does crats just want to play the blame game search Service, the CRS, Majority not completely decimate our national in 2012.’’ Leader REID has employed this tactic a security budget. That is exactly what we saw this record 59 times. He has used it to block There are lots of things the Repub- morning on the floor of the Senate. minority input into legislation 50 per- licans are ready to work on with our This is not some piece of fiction. This cent more often than the past six ma- colleagues on the other side when it is something that actually the major- jority leaders combined. I think that is comes to trying to grow the economy ity leader told 40 Democrats from the worth repeating. This majority leader and create jobs. But, frankly, we be- House about his goal, his intentions for has used the filling-of-the-tree proce- lieve it is important that we at least the 2012 year in Congress. It goes on to dure 50 percent more often than the have an opportunity to get amend- say: past six majority leaders combined. So ments debated and voted on. That sim- Working with the White House, Senate the only option the minority is left ply has not happened, as I pointed out Democrats are applauding a 2012 floor agenda with under that scenario is to basically by the number of times the majority driven by Obama’s reelection campaign. . . . try to get votes on amendments and to leader has filled the tree. It goes on. work with the majority, in which case So I am not suggesting there is not Senate floor action will be planned less to the majority says: No, we are not going plenty of blame to go around in Wash- make law— to give you any amendments; we have ington for the state of the situation we We have 8.2 percent unemployment, filled the tree. So a cloture motion is are in. All I am simply saying is that and this party admits—the leader ad- filed, and we end up having a vote on for the majority leader to come down mits in this piece the Senate action cloture. here and suggest that somehow Repub- will be planned less to make law— What we have seen repeatedly now is licans are responsible for gridlock here than to buttress Obama’s charge that Repub- the Senate sort of break down into this in the U.S. Senate is a complete denial licans are obstructing measures. . . . state of dysfunction simply because the of reality and a denial of the facts. That is what their goal is? That is a majority does not want to make tough As I said before, they had a period year’s plan, as outlined to Democrats votes on amendments. We have seen here for a few years where they had the in the House from the majority leader. this over and over and over again. As I complete run of the place. They had a It goes on to say: say, it is historic and unprecedented in 60-vote, filibuster-proof majority in the . . . Democrats will push legislation that terms of the number of times it has oc- Senate, a majority in the House of Rep- polls well and dovetails with Obama’s cam- curred in the U.S Senate. resentatives, and the Presidency, ena- paign. . . .

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.037 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3827 With 8.2 percent unemployment, that According to the Congressional Re- in finishing this bill than in approving is not polling so well. With the New search Service, Majority Leader REID a host of unrelated policies. There is a York Times reporting today that over has employed this tactic a record 59 time and a place for us to consider two-thirds of Americans want to find times. He has used it to block minority whether some of the amendments that that the health care law is unconstitu- input in legislation 50 percent more have been proposed on the Transpor- tional—New York Times, two-thirds of often than the past five majority lead- tation bill in the House, such as wheth- Americans, unconstitutional health ers combined. The minority’s only op- er coal ash should be regulated as a care law. That is what the people are tion, under these circumstances, is to hazardous material, but the Transpor- saying. oppose ending debate on legislation tation bill is not one of those places. Nothing this President and this ad- known as invoking cloture in order to We need to focus on policies that will ministration and the Democrats are convince the majority to allow it to encourage the types of investment in doing is polling very well. We ought to offer amendments to legislation and our highways, in our railroads, in our look back at the history of this great thereby represent the interests of their bridges that put Americans back to institution. The Senate is a unique leg- constituents. work and spur economic growth. We islative institution. No matter who the This is a very bad practice. When one just heard the unemployment rate takes a look at Congress after Con- majority is, it is designed to guarantee went up slightly for the last month. We gress, whether it was George Mitchell, the minority party, and therefore a have legislation pending that came out Bob Dole, Trent Lott, Tom Daschle, large block of Americans whom it rep- of the Senate that would put people Bill Frist, combined, here we have Sen- resents, that that party has a voice. back to work. Traditionally, this body functions ator REID 50 percent more than all the others combined. Every billion dollars we spend in well when the majority party works to transportation funding puts 28,000 peo- find consensus with the minority party So here we are. We have come to the floor of the Senate to respond to what ple to work, and we have the House fid- on the process and the substance of leg- dling while construction workers all islation—consultation, compromise, we heard from the majority leader this morning about obstructionism, and over this country are out of work. The and both parties working together. His- conference committee needs to focus torically, that has been the rule, not what do we see? It is just a page from the majority leader’s playbook of the on transportation policies that will re- the exception, as we have seen in re- duce congestion, that will create jobs, cent years. electoral strategy for 2012 from the leader of the majority. Forget passing and that unleash economic develop- I sit here and look at the seat, the ment. empty seat a couple rows ahead of me bills, the Democrats just want to play We have a project similar to that in and off to the other side of the aisle the blame game in 2012. That is exactly New Hampshire. It is one of our most where Robert Byrd sat. what we saw today. Senator Byrd understood the impor- I yield the floor. important roads. It is the corridor that The PRESIDING OFFICER. The Sen- tance of allowing for a full debate and goes from our largest city of Man- ator from New Hampshire. amendment process in order to pre- chester down to the border with Massa- THE HIGHWAY BILL serve the Senate as a unique institu- chusetts. It has too much traffic on it Mrs. SHAHEEN. Mr. President, actu- tion in our democracy—‘‘the one place today. It is a safety concern. We need ally, I am not here to play the blame in the whole government where the mi- to finish this road. We are being held game. I am here to talk about a place nority is guaranteed a public airing of up from doing that because of the fail- where we in the Senate have found real its views.’’ The Senate, he taught, ‘‘was ure of the House to be willing to go bipartisan consensus. It is an issue that intended to be a forum for open and along with what the Senate did and is critical to us in the State of New free debate and for the protection of reach agreement. Hampshire and to all the Senators be- political minorities.’’ Indeed, ‘‘as long Our Department of Transportation in cause, in 23 days, our country’s surface New Hampshire has said that work on as the Senate retains the power to transportation programs are going to amend and the power of unlimited de- just a single portion of this highway, shut down unless Congress can come to Interstate 93, will put to work 369 peo- bate, the liberties of the people will re- an agreement on critical legislation. main secure.’’ ple in the construction industry, which Nearly 3 months ago, 74 Senators is still struggling. That is the industry I would say allowing the minority to voted to pass a measure that would re- debate and amend legislation has given in this country that still has the big- authorize these programs through the gest impact from this recession. Last way to what we see now as Democrat’s end of fiscal year 2013, providing much election-year political strategy of year in Nashua and Portsmouth, NH, needed certainty to our States and to construction employment declined by 7 blaming Republicans as obstruction- private industry. In this Chamber, Sen- ists. The minority and the majority percent. Job creation in that industry ators from vastly different ideologies remains stagnant in New Hampshire need to work together. Majority Lead- were able to lay aside those differences er REID has done all these things in and nationwide and we need this legis- and come up with bipartisan ways to lation to get these folks back to work. terms of the strategy and the blaming pay for this bill, to streamline Federal It is not only construction jobs that by preventing Republicans from programs, and to make our transpor- depend on Federal investments in amending pending legislation, ending tation investments more efficient, so transportation; it is our economy as a debate before it starts, and bypassing we spend less on overhead, more on the committee process. roads and bridges and other transpor- whole. The deteriorating condition of He has made a habit of squelching tation projects. America’s infrastructure, its roads, its the voice of the minority by curtailing This process was not easy, as every- railroads, its bridges, costs businesses its ability to amend legislation. The one remembers. It required com- more than $100 billion a year in lost majority leader is always the first to promise from both sides to ensure that productivity, and this is a bill that a be recognized on the Senate floor. He we could put together legislation that broad coalition of people are behind. can use that power to offer a series of would bring America’s transportation Both the AFL–CIO and the U.S. Cham- Democratic amendments to pending policies into the 21st century. But if ber of Commerce agree that we need legislation in a way that prevents Re- JIM INHOFE from Oklahoma, the rank- transportation legislation. publicans from offering any of their ing member on the Environment and Despite the importance of this spend- ideas. It is called filling the tree. Public Works Committee, and BARBARA ing to American workers and busi- How often does it happen? Let’s BOXER, the chair of that committee, nesses today, the House plans to vote think first about the history. The ma- can come together and figure out how on a motion to cut Federal transpor- jority leader once insisted that this to put together a transportation bill, tation investment by one-third. The practice of filling the tree, he said, there is no reason why our adjoining Federal Highway Administration found ‘‘runs against the basic nature of the body over in the House cannot do the that cutting funding so severely would Senate.’’ By the way the Senate oper- same thing. put 2,000 people in New Hampshire ates today, however, it is clear he has I have been very disturbed by recent alone out of work, one-half million abandoned that previous assessment. news that the House is less interested people in the country out of work.

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.040 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3828 CONGRESSIONAL RECORD — SENATE June 7, 2012 This is a time when we should be cre- this country, throughout our heartland field, the portion that goes to the farm ating jobs, not destroying them. Cut- and beyond. There are not just direct bill would be similar to this ear of corn ting funding at this time would be so jobs in farming and ranching but there out of the cornfield. If you think of the shortsighted. Brazil, China, and India are indirect jobs, from food processing total cornfield as the Federal budget, are all spending about 9 percent of to retail, to transportation, to mar- the farm bill would be about one ear of their GDP per year on infrastructure, keting—you name it. We could say it is corn. The portion of the farm bill that roads, bridges, public transportation. an incredible jobs bill, which it is. goes to farmers and ranchers to sup- What we are spending in the United There is no question about it. When we port what they do would be one kernel States is roughly 2 percent. That is provide a good, sound, solid farm pro- of corn out of the entire cornfield. To half of what we were spending in the gram for our farmers and ranchers, we put those numbers into perspective— 1960s when there was real bipartisan are also very much passing a jobs bill and these are analyzed numbers—you support for policies from both Presi- as well. are talking about Federal spending of dent Kennedy and President Dwight Ei- We can also talk about it in terms of about $3.7 trillion, in that range. You senhower to invest in projects such as a favorable balance of trade. The are talking about a farm bill that, on our Interstate Highway System. United States has a deficit in its trade an annualized basis, is about $100 bil- Both Republicans and Democrats balance, but agriculture has a positive lion. So it is $100 billion out of $3.7 tril- agree that investment in our Interstate balance of trade. We export millions in lion. Then if you talk about the por- Highway System was one of the best food products all over the world to feed tion that actually goes to support decisions in our Nation’s history. Mem- hungry people, and it generates a posi- farmers and ranchers and support that bers of both parties need to come to- tive return for this country in a big network, you are talking about less gether as we have for decades and focus way. than $20 billion out of $3.7 trillion. on reasonable bipartisan policies that We can talk about it in terms of na- That is why I use this frame of ref- will end the uncertainty that States tional security. Think about how im- erence. and private industry are facing when it portant good farm policy is for na- If we go to the next chart, we will go comes to our transportation legisla- tional security. We produce not only into some of the numbers and how that tion. the food we need, but far more than the funding is broken out in the farm bill On June 30, it will have been 1,000 food we need for our citizens, we pro- itself. This pie chart shows the CBO days since our last Federal Transpor- vide food for many citizens in other scoring. Of course with any legislation tation bill expired. Congress needs to countries as well. Think about the na- you need the CBO scoring that shows come together now and pass a trans- tional security implications if we had the actual cost. We try to do that in a portation reauthorization bill before to depend on other countries for our consistent way across all of the legisla- we get to the end of those 1,000 days. food supply—maybe even countries tion we pass. CBO uses a 10-year scor- I yield the floor. that don’t necessarily share our inter- ing period. On that basis, this entire The PRESIDING OFFICER. The Sen- ests or values, which is currently the pie, the farm program score, over a 10- ator from North Dakota. case with energy. We certainly don’t year period is $960 billion. Of that, al- Mr. HOEVEN. Mr. President, I rise to want to be in that situation when it most $800 billion is nutrition programs. speak in support of the farm bill which comes to feeding our people. So it is Almost 80 percent goes to nutrition. I is now before the Senate. As a member truly an issue of national security. We mean by that, primarily SNAP, nutri- of the Senate Agriculture Committee, I want to be in the position to make sure tional assistance payments, or food worked, together with my fellow com- we have farmers and ranchers who will stamps. So nutrition programs com- mittee members, on a bipartisan basis supply not only the food we need in prise 80 percent of the total cost in the to put forward what we believe is a this country but food that people con- farm bill. sound farm bill for this country. We sume in many countries throughout Only about 20 percent actually goes passed the bill out of committee on a the world. for farming and ranching, for farm pro- strong bipartisan vote, 16 to 5. So it For all those reasons this is an in- grams, and for conservation. So in the comes to the Senate floor for delibera- credibly important bill. It is not just scoring, that is only about $200 billion. tion. The bill is entitled ‘‘The Agri- incredibly important to farmers and We know the bill is not a 10-year bill, culture, Reform, Food and Jobs Act of ranchers, it is incredibly important for it is a 5-year bill. So the actual cost is 2012.’’ every single one of us—for all those $480 billion, or half of the score. That I would like to begin with just a sim- reasons and more. means approximately $400 billion goes ple question. Why is the farm bill so The second point I want to make is for nutrition programs, food stamps, important? Why is the farm bill so im- this farm bill is cost-effective. It is not and so forth; and less than $100 billion portant? I think the first chart I have only cost-effective, but we provide real goes for farm programs and conserva- sums it up. This is the most important savings to help to reduce the deficit tion programs. So we are talking about point I will make today. I am going to and the debt. It provides strong support an annual cost of this farm program— begin and I am going to conclude my to our farmers and ranchers, but it a program that supports farmers and comments with it as well. U.S. farmers does it the right way. It does it in a ranchers who feed this country and and ranchers provide the highest qual- way where we provide savings that will much of the world—of about $20 bil- ity, lowest cost food supply in the go to reduce the deficit and debt. Our lion—actually less. world. Our farmers and ranchers today farmers and ranchers are stepping up Let’s go to the next chart on how the provide the highest quality, lowest cost and not only doing an amazing job for program actually provides savings, how food supply in the world. this country in terms of what they do farmers and ranchers are providing real Not only do they provide the highest in food supply and job creation, but savings for deficit reduction in this quality, lowest cost food supply in the they are helping meet the challenge of country. This bill saves more than $23 world, but in the history of the world. our deficit and debt as well. billion—$23.6 billion is the savings gen- That is vitally important to every sin- The second chart is an example of erated by this farm bill; $15 billion gle American. So when we pass a farm what I am talking about in terms of comes from the farm programs them- policy that supports our network of the farm program being cost-effective. selves; $6 billion comes from conserva- farmers and ranchers throughout this I will use this and several other charts tion programs; only about $4 billion great country, we are doing something to go into the actual numbers to show comes out of nutrition programs. So 80 that makes a fundamental difference that the farm program—particularly percent of the cost in the bill is nutri- every day for every American and for this bill we have crafted—is not only tion programs, which is $400 billion millions of people beyond our borders. cost-effective, but it provides real sav- over 5 years. Only $4 billion comes out There are other aspects to the farm ings as well. At the same time, it pro- of the nutrition programs; close to $20 bill that are very important as well. vides enhanced support for our farmers billion comes out of the agriculture For example, we have a tremendous and ranchers throughout the country. portion of the bill. Going back to my number of jobs in farming and ranching Looking at the chart, if you think of prior chart, if you go back to the crop across this country—every State in the total Federal budget as this corn- insurance provisions and commodity,

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.041 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3829 which comprise the farm support net- sure or cover their farming operation ously, we all know technology has done work, that is about $150 billion in the at a higher level, but still at an afford- amazing things to help productivity. CBO scoring. Remember, I said $15 bil- able price. But at the same time, agricultural re- lion comes out of that $150 billion. My The way it works is, the farmer buys search has made an incredible dif- point is that 10-percent reduction. So his normal, individual, crop insurance ference in not only food production— farmers and ranchers are stepping up that he would normally purchase. But productivity when it comes to food pro- in the farm bill and saying, OK, we are then, in addition, on a countywide duction—but energy production as going to help meet the deficit and the basis, he can buy supplemental cov- well. debt challenge. They are, in essence, erage, with the supplemental coverage So that is it. That is how this legisla- taking 10 percent less. option, on top of his existing insur- tion works. It provides strong support Think about that, if throughout all ance. If he typically insures up to, say, to our farmers and ranchers. It pro- aspects of the Federal budget every- 60, 65, or maybe a 70-percent level, he vides that support on a cost-effective body stepped up the way farmers and can buy additional insurance on top of basis. The bill emphasizes a market- ranchers are in this legislation and his regular policy at a reasonable pre- based approach, focused on crop insur- said, OK, here is a 10-percent reduction mium. His regular policy is an indi- ance, which is exactly what producers we are going to take to help get the vidual, farm-based policy, and this is a have told us they want. At the same deficit under control and the debt county-based policy that provides addi- time, this legislation provides real sav- under control. My point is, very clear- tional coverage at a reduced rate— ings—$23.6 billion—to help reduce the ly, in this legislation we have real sav- again, management tools on a market- Federal deficit and the debt. It is bipar- ings, and that savings is being provided based approach to cover their farming tisan, and it received strong committee by our farmers and ranchers. operation. support. At the same time—this is my third The second innovation on the next I know some of our southern friends point, and it is very important—this chart is a program called Agriculture are still looking for more help with farm bill provides the kinds of support Risk Coverage, or ARC. Very often, price protection, and we are working our farmers and ranchers need by pro- farmers—obviously, one of the chal- with them. It is likely the House Agri- viding the risk management tools our lenges they face is due to weather. culture Committee will seek to do farmers need. This farm bill provides When they face weather challenges, of- more in that area as well. But this is strong support for our farmers and tentimes we can get in a wet cycle or legislation that we need to move for- ranchers, and it does it the right way. a dry cycle. So the problem they have ward. This is legislation that supports It does it right, with sound risk man- with weather may not be limited to our farmers and our ranchers the right agement tools. What are those risk one year. You may have a number of way as they continue to provide—and I management tools? I have them here years where they face real weather am going to go back to my very first on the chart. It enhances crop insur- challenges. chart—support our farmers and ranch- ance. Second, a new Agriculture Risk In addition, what may happen is that ers as they provide the highest quality Coverage—or ARC—Program. It in- it may trigger losses in their farming and the lowest cost food supply for cludes also reauthorization of the no- operation that are not severe enough every single American. net-cost sugar program. It improves to trigger their regular crop insurance, As I said, this is where I started my and extends the livestock disaster as- but still cause them losses. You can comments, and this is where I will con- sistance program. These are the kinds have repetitive or shallow losses. Over clude. When we are talking about a of risk management tools our farmers time, those can make an incredible dif- farm bill, we are talking about some- and ranchers have asked for. They are ference in terms of farmers being able thing that is important to every single cost-effective and a market-based ap- to continue in farming and continue American—every single American. We proach. They provide the sound, solid their operation. We add shallow loss do it the right way here, and I ask all safety net our farmers and producers coverage, or the agriculture risk cov- of my fellow Senators on both sides of need to continue to produce the food erage, to help them protect against the aisle—we worked together in a supply for this country. these repetitive losses, which they great bipartisan way in the com- I will go into more detail on the next often face due to weather conditions. mittee—to work together in a great bi- chart on crop insurance. As I travel That is the agriculture risk coverage. partisan way on the Senate floor and around the State, and as myself and It covers between 11 and 21 percent of pass this bill. others who are members of the Ag historical revenue. Mr. President, I yield the floor, and I Committee travel the country, one How do you calculate that percent- suggest the absence of a quorum. thing our farmers and ranchers say to age? That is a 5-year average—the last The PRESIDING OFFICER. The us over and over again is that they 5-year average—based on price and clerk will call the roll. want enhancements to crop insurance. yield, the revenue they generate on The legislative clerk proceeded to We worked on the safety net for our their farming operation. You take out call the roll. farmers, and as we worked on the tools the high year and the low year, and Mr. HATCH. Mr. President, I ask for them, they said the heart of the you average the other three. The way unanimous consent that the order for farm bill needs to be enhanced crop in- it works is, when you have a year the quorum call be rescinded. surance. That is exactly what we have where the farmer’s crop insurance may The PRESIDING OFFICER. Without done with this legislation. That is the not trigger, they still have help when objection, it is so ordered. heart of the bill. they have a loss, but a loss that may HEALTH CARE COST REDUCTION ACT OF 2012 Enhanced crop insurance involves a not trigger on their crop insurance. In Mr. HATCH. Mr. President, today the number of things. First, farmers can other cases, it works with their crop House of Representatives will vote on buy individual crop insurance, and do insurance to make sure they are ade- the Health Care Cost Reduction Act of buy it, at whatever level they deem ap- quately covered so they can continue 2012. I want to say a few words about propriate. They look at their farm op- their farming operation. Again, an en- that bill, which repeals two of the more eration and decide how much crop in- hanced risk management tool, cost-ef- counterproductive of the many compo- surance they are going to buy to cover fective, focused on a market-based ap- nents of the President’s health care that farm operation. But as they insure proach to make sure our farmers and law. at higher levels, the cost to buy that ranchers have the coverage they need Specifically, it repeals the restric- insurance gets more and more expen- to continue their operation. tions on the use of FSAs and HSAs in sive. One of the things we tried to do in One other point I want to make in the purchase of over-the-counter medi- terms of enhancing crop insurance is wrapping up is that this bill also con- cations, as well as the medical device figure out how we can help insure at a tinues strong support for agricultural tax. higher level at an affordable price. research. Agricultural research is mak- I want to thank my colleagues in the That is one of the new innovations. It ing a tremendous difference for our House for advancing this legislation. is called the supplemental coverage op- farmers in terms of what they are Repeal of the onerous OTC restrictions tion, or SCO. It enables farmers to in- doing to increase productivity. Obvi- and the device tax are priorities of

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.044 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3830 CONGRESSIONAL RECORD — SENATE June 7, 2012 mine as well. I have introduced legisla- It is worth noting that in yesterday’s I think there is little doubt the mere tion that specifically repeals the med- Statement of Administration Policy threat of this tax on medical devices is ical device tax, and my bill—the Fam- announcing President Obama’s opposi- contributing to these paltry numbers. ily and Retirement Health Investment tion to the House bill, they did not In other words, this tax is undercutting Act—includes the repeal of the limita- even describe this provision in detail, a key industry, creating deep uncer- tions on the purchase of over-the- much less defend it. It seems clear to tainty, and hindering job creation. counter medication. me the administration is embarrassed Since President Obama signed this Others in the Senate, including my by this tax on patients, and they tax into law, the dollar amount of ven- friend and colleague Senator should be. ture capital invested has declined more HUTCHISON, have also been working to A study from the Consumer Health than 70 percent. The $200 million raised repeal the OTC restrictions. My friends Products Association determined that last year is the lowest level of medical from Massachusetts and Pennsylvania, 10 percent of office visits are for minor device startup activity since 1996. Senators BROWN and TOOMEY, have ailments, and 40 million medical ap- This industry is one of the engines of been strong advocates for repeal of the pointments are avoided annually our economy. According to the Lewin medical device tax. I appreciate work- through the self-care enabled by over- Group—a highly respected group—the ing with them and all Members who are the-counter drugs. medical technology industry contrib- committed to the repeal of the Presi- According to a study by Booz & Com- utes nearly $382 billion in economic dent’s health care law. pany, the availability of these over- output to the U.S. economy every year. I appreciate the hard work of Chair- the-counter medications saves $102 bil- In 2006, it shipped over $123 billion in man CAMP and Speaker BOEHNER in lion annually in clinical and drug goods, paid $21.5 billion in salaries to moving the Health Care Cost Reduc- costs. Yet ObamaCare deliberately re- 400,000 American workers, and was re- tion Act through committee and onto stricts their availability. sponsible for a total of 2 million Amer- the floor. I also want to thank, in par- With respect to the medical device ican jobs. ticular, my friend Congressman ERIK tax, we all know how bad this tax pol- It pays its employees on average PAULSEN of Minnesota for his hard icy is. I am sure the President knows $84,156—that is 1.85 times the national work. We have partnered on both the how bad this policy is as well, but he average—and more than 80 percent of OTC repeal and the medical device re- and his allies continue to defend it. Be- medical device companies are small peal, and he has been tireless in fight- ginning next year, ObamaCare imposes businesses employing 50 people or less. ing not only for his constituents but a tax on the sales of medical device Yet this is the industry President for all Americans who are burdened by makers—not the profits, the sales. Obama decided to target? This is the these misguided policies. With this excise tax, even unprofit- industry every Senate Democrat voted Despite some weak protestations to able firms will be responsible for a 2.30- to tax when Obamacare passed the Sen- the contrary from the White House, percent tax on sales of their devices. It ate? neither of these provisions serve any There are over 120 medical device is difficult to overstate the damage to health policy purpose. They exist for companies in my home State of Utah patients and our economy this tax will one reason: to bankroll the $2.6 trillion alone. Let me tell you, they know what wreak. is going to happen if this tax goes into in new spending that is the real soul of According to one analysis, this ObamaCare. There is no good that can effect, and it is not going to be pretty. ObamaCare tax will kill between 14,000 come of ObamaCare. The bad and ugly I think the President must know this. and 47,000 jobs. We wonder why we are are plenty, however. He and his advisers must know what a having trouble with unemployment. The restriction on the purchase of disaster the medicine cabinet tax and According to another analysis by Ben- over-the-counter medications—what the medical device tax are as both fis- jamin Zycher, it will reduce research some have called a medicine cabinet cal and health policy. But yesterday and development by $2 billion a year. tax—inconveniences patients and busy they doubled down on it. Their State- The resulting collapse in innovation families, increases burdens on primary ment of Administration Policy threat- will undermine care for not only the el- care providers, reduces patient choice, ened a veto of the House bill. It is clear derly but all patients. Zycher has de- and may actually increase health care to everyone that the USS Obamacare is termined that the effect of this tax will utilization and spending. So much for a sinking ship, but the President seems be 1 million life-years lost annually— bending the cost curve down. committed to going down with it. The medical device tax, in addition one million life-years lost annually. Obamacare needs to go. All of it. The Between 1980 and 2000, new diagnostic to harming patients, is a job killer at a law created a web of unconstitutional, and treatment tools, such as improved time when our country needs all the misguided, unrealistic, and costly regu- scanners, catheters and tools for mini- good jobs it can get. Together, they are lations, taxes, fees, and penalties. That mally invasive surgery, helped increase also clear violations of the President’s web must be pulled down in its en- life expectancy by more than 3 years. pledge not to raise taxes on families tirety, whether by the Supreme Court, Medical devices helped to slash the making less than $250,000 a year. or by a Republican Congress and Presi- death rate from heart disease by a With respect to the restrictions on dent Romney. the purchase of over-the-counter medi- stunning 50 percent and cut the death There are few policies more emblem- cations, ObamaCare now requires the rate from stroke by 30 percent. atic of that law’s failures than the holders of health savings accounts and From 1980 to 2000 the medical device medical device tax and restrictions on flexible spending arrangements to ob- industry was responsible for a 4-per- the purchase of over-the-counter medi- tain a physician’s prescription before cent increase in U.S. life expectancy, a cations, and I commend my friends in using those accounts to purchase over- 16-percent decrease in mortality rates, the House for repealing them today. the-counter medicine. In some re- and an astounding 25-percent decline in Mr. President, I suggest the absence spects, this policy, more than any elderly disability rates, according to a of a quorum. other, represents the incredible arro- study by MEDTAP International. The PRESIDING OFFICER. The gance and wrongheadedness of the Why on Earth would anyone vote for clerk will call the roll. President’s signature domestic a targeted tax on an industry that pro- The legislative clerk proceeded to achievement. vides such enormous value and security call the roll. When President Obama and his allies to patients? Mr. COONS. Mr. President, I ask touted the virtues of this law, they For those who vote against repealing unanimous consent that the order for mentioned increased access and lower this tax today and stand against its re- the quorum call be rescinded. costs. Yet to pay for the law’s coverage peal in the Senate, it is worth recalling The PRESIDING OFFICER. Without expansions, they included this medi- last week’s jobs report. In the month of objection, it is so ordered. cine cabinet tax, which will do nothing May, our economy created only 69,000 (The remarks of Mr. COONS per- but burden medical providers, under- new jobs. That is, frankly, pathetic. It taining to the introduction of S. 3275 mine access to health care, and in- is barely keeping up with population are located in today’s RECORD under crease costs for patients and busi- growth, much less digging us out of our ‘‘Statements on Introduced Bills and nesses. jobs deficit. Joint Resolutions.’’)

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.046 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3831 Mr. GRASSLEY. Mr. President, since chosen profession. They are people going to drive up the price of food in we are talking about farm legislation with dirt under their fingernails, and America, so they forbid the export of as well as nutrition legislation, I think they also work very long hours. Often soybean. Soybean prices fell from $13 I should be very transparent when I they are underappreciated for what down to $3. talk about this and talk about my they do to put food on America’s din- Another time, Carter decided that it background and lifetime in farming. I ner table, and they receive an ever- was wrong for Russia to invade Afghan- don’t want to say something about shrinking share of the food dollar. istan. At that time, we were selling farm bills and then have people who At this point, I would speak about a them wheat, until the decision was don’t know where I am coming from fellow Senator. I won’t name the fellow made that we were not going to sell find out later that I am a farmer and Senator, but he is from an urban State. them any more wheat, so the price might benefit from some of the farm Throughout our years of service here, dropped. programs. So in the vein of trans- I like to say to him: Do you know that I suppose I ought to think of things a parency and accountability, I will just food grows on farms? lot more recent, but there are a lot of say that since 1960, when my father And he says: Oh, does it? international politics that affect farm- died, I have been involved in farming. Well, the other night at the spouses’ ing. Right now it is with Iran sanctions Since 1980, I have been involved with dinner we had, he came up to my wife and oil. I am not sure to what extent my son Robin renting my farmland, and he said: I know food grows in su- that affects the price of energy, but ag- farming with what we call in Iowa 50– permarkets, but CHUCK thinks it grows riculture is a big user of energy. 50 farming. Others might call it crop on farms. So what I am trying to say with just share. Basically, that means that he So that is the sort of camaraderie we a few examples—and I ought to have and I are partners, and I pay for half have around here on agriculture, and I more from memory—is that there are the expenses, and I get half of the crop am very glad to have it. so many things that are beyond the to market, and he gets the land rent- I always say that agriculture is prob- control of farmers that if you ever free. When you are crop-sharing or ably a little easier in the Senate be- wonder why we have a farm safety net, when you are 50–50, that means I am cause I believe every Senator, even in that is why. not an absentee landowner collecting Alaska, Hawaii, and New Hampshire, Why do we have a farm safety net? cash rent, that I have risks. With risks, represents agriculture to some degree— For national security. As Napoleon you assume that maybe you might get maybe not as much as in the Midwest, said, an Army marches on its belly. We a crop or not get a crop, and if you where I come from, or California or have to have food. Why do you think don’t get a crop, you don’t get your Texas, but every State has some agri- Japan and Germany protect their farm- rent as a landlord. It is the same for culture, and there is an appreciation of ers so much today? Because they found my son. He has risks as well. If he it. In the other body, our House of Rep- in World War II that if they don’t have doesn’t get a crop, he won’t have to pay resentatives, I don’t know an exact fig- food, they don’t have very good na- rent, but he isn’t going to have any- ure, but I would imagine that there are tional security. Or how long can a nu- thing to live on if he doesn’t have a probably only 50 districts that really clear submarine stay underwater? For- crop. So that is kind of the situation I are agriculture-oriented districts and ever. Except if it runs out of food, it have been in since 1960 when I was the rest of them are very urban or sub- has to come up. Or what about the old farming on my own and then in part- urban. So we have an understanding of adage of being nine meals away from a nership with my son. agriculture and how important it is. revolution? In other words, as a mother In the last 7 or 8 years, we have had When I talk about it, I don’t mean to a grandson, Patrick Grassley, who is a and dad, if you can’t get food for your talk down to my colleagues, but I do member of the State legislature, join kids for 3 days, and they are crying, think I understand agriculture. It is our farming operation, and what I you might take any action to make not to say that other Senators don’t found out, with having a grandson in sure they get food. understand agriculture, but I think if So I think having a secure supply of the farming operation, they don’t have you have been involved in it for a life- a lot of work for a grandfather to do. food is very essential to the social co- time the way three or four of us here in So last year about all I did was fall till- hesion of our society. the Senate have been, it means a little We don’t worry about that in Amer- age with what we call in Iowa chisel ica, do we? We go to the supermarket plowing. more. With that background, I want to go Farmers have chosen a line of work and the shelves are full, but there are to my statement. that comes with risk. It is a risk that a lot of places in the world where they Growing up on my family farm out- is inherent in farming and often out of don’t have that. There are a lot of side of New Hartford, IA, where I still their control. The risk inherent in places in the world where they pay live today, I grew to appreciate what it farming is why we have farm programs. more than 50 percent of disposable in- means to be a farmer. The dictionary If I may digress a little bit here, from come for food, and in America it is defines a farmer as ‘‘a person who cul- memory, just to show how there are a about 9, 10, or 11 percent. tivates land or crops or raises ani- lot of issues with agriculture that are So there are plenty of reasons to mals.’’ But that definition doesn’t beyond the control of farmers—I am make sure we have a sound agricul- come close to fully describing what a not just talking about natural disas- tural system in America, and we ought farmer is. Being a farmer means some- ters such as hail or drought. In 1972 to make sure we take it seriously, both one willing to help a cow deliver a calf Nixon wanted to get reelected so bad from a national security standpoint in the middle of the night when it that he froze the price of beef. It was and for our social betterment. might be 5 degrees outside. A farmer is only for a short period of time, maybe If we want a stable food supply in someone who is willing to put all of 3 or 4 months, because they found out this country, we need farmers who are their earthly possessions at risk just to it was not working the way he wanted. able to produce it. When they are hit put a bunch of seed in the ground and He didn’t care about the farmers. Iowa by floods, droughts, natural disasters, hope the seed gets rain at just the was No. 1 in beef production up to that wild market swings, or unfair inter- right time. Farmers work hard culti- time. After that, everybody got national barriers to their products, vating their crops and get the satisfac- squeezed out of the beef business be- farmers need the support to make it tion of seeing the result of their hard cause of the freeze. We went from No. 1 through because so much is beyond the work at the end of each crop season. down to No. 13. Now I think we are control of farmers. Most farmers I They take great pride in knowing they about fifth or sixth in the production know wish there wasn’t the need for a are feeding this Nation. A farmer in of beef. government safety net, but they appre- Iowa produces enough food to feed 160 Another example is when soybeans ciate that safety net when they do need other people. So obviously we export were being exported and they got up to it. For decade after decade, Congress about one-third of our agricultural pro- $13 a bushel in 1973 or 1974—let’s see. I has maintained farm programs because duction. am just trying to think. It was either the American people understand the Farmers tend to be people who relish when Nixon or Ford was President. At necessity of providing a safety net for the independence that comes with their the time, one of them decided it was those providing our food.

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.049 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3832 CONGRESSIONAL RECORD — SENATE June 7, 2012 That is not to say that each and and medium-sized farmers who actu- impact a farmer’s ability to receive every farm program ever created needs ally need the assistance to get through farm payments. Furthermore, the re- to continue. In fact, there is a lot in rough patches out of their control. forms will not affect the spouse rule. In this farm bill we have before us that So what I have been trying to do for other words, if the husband and wife brings reform, and some programs not years, and it was finally put in this are together in the farming operation, reauthorized, that prove what I just farm bill, is to put a hard cap on the and some Senator comes around and said—that just because we have had amount of money one farming oper- says the spouse who is working beside some for 60 years doesn’t mean we have ation can get so, hopefully, we cut the other spouse in this farming oper- to have them for the next 5 years in down that 10 percent of the largest ation can’t get the benefit of it, they this farm program. Just as there are farmers that gets 70 percent of farm are wrong. shifts in the market, sometimes public payments, so it is more proportional to These reforms reflect what we hear sentiment toward certain farm pro- the benefit of small- and medium-sized from the grassroots, which is Congress grams also shifts. farmers. That is in this bill at $50,000 needs to be a better steward of the tax- Take direct payments, for instance. per individual and $100,000 per married payers’ dollars. That is true if we are There was a time and place for direct couple for the payments under the Ag- talking about farm programs or any payments to help farmers through riculture Risk Coverage Program. It is other Federal program. some lean years. But now times are OK in this bill. I know to a lot of people Those who are against these reforms in the agriculture industry, and the listening that $50,000 and $100,000 is too are asking the American people to ac- American people have rightly decided much, and it is even too much for most cept the status quo and to continue to it is time for direct payments to end. Iowans. But there are some sections of watch as farm payments go to With a $1.5 trillion deficit every year, this country, such as the South and megafarms and nonfarmers. We cannot it is also a reality that those payments West, where we will find our fellow and will not accept the status quo. In can’t continue from a budget point of Senators—I don’t know how open they other words, 10 percent of the biggest view. So the Senate committee has re- are going to be about this, but behind farmers getting 70 percent of the bene- sponded, and we have proposed elimi- the scenes they are raising Cain about fits of the farm program ought to end. nating the direct payment program, this $50,000 cap. I just about had this The Agriculture Committee should and many farmers agree direct pay- put in the present farm bill in 2008, ex- be proud of the improvements we are ments should go away as well. cept I had 57 votes, and we know how making to payment limitations in this There are other reforms the Amer- things work around here. We have to bill. With these reforms we bring defen- ican taxpayers want to see. There is no have 60 votes to get something done if sibility and integrity to this farm bill. reason the Federal Government should people want to push the point. So I In addition, it is probably the only bill be subsidizing big farmers to get even didn’t get 60 votes. Now it is in the that is going to pass this year that is bigger. I might repeat myself as I go farm bill. I don’t know who is negoti- going to cut any programs, and it is through my statement, but I want to ating around here on amendments, but going to do that by $23 billion. In fact, say that a farm safety net ought to there is going to be somebody trying to without these reforms in the farm pro- protect the people who don’t have the take this out of here—somebody from gram, I wouldn’t be able to support ability to get beyond these things that the South, I would imagine—trying to this bill. are beyond their control—whether it is take this $50,000 cap out. I urge my colleagues to voice their domestic politics or whether it is a I expect to have the same consider- support for these important payment natural disaster or whether it is inter- ations to this not being taken out by a limitation provisions and join with me national politics or energy policies or 60-vote margin as I was kept from put- in resisting any attempt to weaken all of the things that can happen. ting it in 5 years ago because if it had these reforms, particularly from people There are some farmers who might been put in 5 years ago, we would have in the Southern States who say some- not get over that hump because it is saved $1.3 billion over that period of how we ought to still continue to allow beyond their control—a problem that time. these megafarmers to get these mil- affects them financially. But there are Taxpayers are tired of reading re- lions of dollars of payments. some farmers who have that capability, ports about how so many nonfarmers I yield the floor, and I suggest the ab- and I think traditionally we have receive farm payments. I have been sence of a quorum. geared the farm program—not enough, working to get reforms on the farm The PRESIDING OFFICER (Mrs. from my point of view—but we have payment eligibility for years, and just SHAHEEN). The clerk will call the roll. geared the farm program toward a safe- as the tide has turned on the status The assistant bill clerk proceeded to ty net for small- and medium-sized quo for direct payments, the tide has call the roll. farmers. turned on program eligibility. The bill Mr. SESSIONS. Mr. President, I ask We have a situation where 10 percent contains crucial reforms to the ‘‘ac- unanimous consent that the order for of the farmers in recent years—the big- tively engaged’’ requirements. These the quorum call be rescinded. gest farmers—are getting 70 percent of reforms will ensure farm payments go The PRESIDING OFFICER (Mr. the benefits of the farm program. to actual farmers. The American peo- TESTER). Without objection, it is so or- There is nothing wrong with getting ple are not going to stand idly by any- dered. bigger. I want to make that clear. In more and watch farm payments head Mr. SESSIONS. Mr. President, I want fact, in agriculture, with the equip- out the door to people who don’t farm. to discuss today several amendments I ment costs a farmer has to get bigger, In other words, if they aren’t out there have to the farm bill that is now before but the Federal taxpayers should not working the land—if they are on Wall the Senate. What might surprise many be subsidizing farmers to get bigger. It Street or something and have farmland people to learn is that the over- isn’t just a case of a principle not to do in the Midwest—they shouldn’t be col- whelming majority of funds in the farm that; it is the economic impact. When lecting these farm payments. bill are not spent on anything to do we do that—provide the government There have been some people com- with farmers or even agriculture pro- subsidy to the big farmers—they go out plaining about the payment limit re- duction. For instance, crop insurance and buy more land, which drives up the forms I have talked about. They com- amounts to—which is a big part of the price of farmland or drives up the cash plain it will detrimentally change the new bill and is progress, I think—the rent in a particular area. Con- way some farm operations do things. crop insurance provisions amount to sequently, it makes it very difficult for Well, if they mean it will not allow just 8 percent of what we will be spend- young people to get started farming. nonfarmers to skirt around payment ing. Horticulture is less than 1 percent. We want to be able—we have to pass eligibilities and line their pockets with But a full 80 percent of the farm bill this on to the young farmers. Many taxpayers’ money meant for actual spending goes to the Federal food farmers understand that in order for us farmers, then the answer is, yes; that is stamp program. Yet only 17 percent of to have a farm program that is defen- what those reforms will do. the small savings that are found in this sible and justifiable, it needs to be a Let me make it perfectly clear. The proposal comes from food stamps. Out program designed to help these small- reforms contained in this bill will not of the $23 billion in cuts, none of which

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.050 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3833 occurs next year, out of almost $1 tril- budget grow, not shrink, because it is communities. In other words, this is lion in spending over 10 years. So about more Federal money coming into the not normally the only source of income $23 billion in cuts. Most of that is State which they pay no part of. for the person. taken from the farm provisions, but That means overlooking, I am afraid, Changes in eligibility have also only 20 percent of it goes to that. At I hate to say, dramatic amounts of eliminated the asset test for food the same time, food stamp spending is fraud and abuse, because the enforce- stamp benefits, which brings me to the virtually untouched. I believe they pro- ment and supervision is given over to first of four amendments I have filed. pose $4 billion in savings after 80 per- the States. So I filed a modest package No. 1, let’s restore the asset test for cent of the cost of this bill is in the of food stamp reforms to the farm bill food stamps. This change has been food stamp program. The other $17 bil- which will achieve several important quite significant. Through a system lion comes out of the 20 percent—not goals: save taxpayer dollars, which is a known as categorical eligibility, States the food stamps. good thing; reduce the deficit; achieve can provide benefits to those whose as- Overall, the legislation will spend $82 greater accountability in how the pro- sets exceed the statutory asset limit, billion on food stamps next year—$82 gram is administered; confront wide- as long as they receive some other Fed- billion, and an estimated $770 billion spread waste; direct food stamps to eral benefit. Why is that? I don’t know; over the next 10 years. To put these fig- those who truly need them; and help it makes no sense to me. If you qualify ures in perspective—and they are so more Americans achieve financial inde- for another program, you automati- large it is difficult to comprehend—we pendence. cally get food stamps. Categorically, will spend, next year, $40 billion on the I guess I am the only person in the you are eligible for them. One State Federal highway program, but $80 bil- Senate who has ever dealt with fraud went so far as to determine that indi- lion on the food stamp program. in the food stamp program. Shortly viduals were food-stamp eligible solely Food stamp spending has more than after law school, when I was a young because they received a brochure for quadrupled—four times. It has in- Federal prosecutor, I prosecuted fraud another benefit program in the mail. creased fourfold since the year 2001. It in the food stamp program. Later I Well, that meant there is more money has increased 100 percent since Presi- came back as a U.S. attorney, and we from the Federal Government coming dent Obama took office, doubled in saw drug dealers selling food stamps, into their State, more benefits. I guess that amount of time. There are a num- we saw various other manipulations of they see it as an economic benefit. It ber of reasons for this arresting trend. it. As attorney general of Alabama for didn’t cost them any money; the money came from Washington. While the poor economy has undeni- a period, I was involved in enforcing in- According to the CBO, the simple ably increased the number of people tegrity in the program. So I know the process of going back and restricting who qualify for food stamps, this alone benefits food stamps play to people in the categorical eligibility problem that does not explain the extraordinary desperate need. I know it is helpful. is now springing up would produce $12 growth in the program. But I know, Americans know, they see billion in savings for taxpayers over For instance, between 2001 and 2006, it every day, that there are abuses in the next 10 years and should not elimi- food stamp spending doubled, but the this program. It is the fastest growing nate a single person who qualifies for unemployment rate remained around 5 entitlement program bar none. We need food stamps under the statutory re- percent. So from 2001 to 2006, we had a to look at it. I understand there are strictions for the program. All it would doubling of food stamps while unem- some who oppose even saving $4 billion mean is that if you qualify for food ployment is the same. When the food over 10 years out of the food stamp pro- stamps and fill out the proper form, stamp program was first expanded na- gram. you get it, like everybody else has to tionwide, about 1 in 50 Americans re- We are spending 80 a year. Four years do. ceived food stamp benefits. Today, ago, we were spending 40. We cannot do Second, there is the heating subsidy nearly one in seven receive food stamp better than that? loophole. Fifteen States are using a benefits. Food stamps is the second largest loophole in order to get more food We need to think about that. This is Federal welfare program following stamp dollars from the Federal Govern- a very significant event. We need to Medicaid. If food stamp spending were ment. They do this by mailing a very ask ourselves, is this good policy? Is it returned next year to the 2007 funding small check—get this—often less than good for America? Not only is it a level, and you agreed to increase it for a dollar a month—under the Low In- question of, do we have the money, the 10 years at the rate of inflation, that come Home Energy Assistance Pro- second thing is, is it going to the right would produce an astonishing $340 bil- gram, LIHEAP. Anyone who receives people? Is the money being expended lion in savings for the U.S. Treasury. that check, which may be as little as a wisely? Is it helping people become And we have to have some savings be- few dollars a year, becomes eligible to independent? Is it encouraging people cause we don’t have the money to con- claim a lower income on the basis of to look for ways to be productive and tinue spending at the rate we are. home energy expenses—even if they be responsible themselves for their Food stamps are 1 of 17 Federal nu- don’t pay those expenses. families? Or does it create dependency, tritional support programs and 1 of This reform will require households part of a series of government pro- nearly 80 Federal welfare programs. So that receive food stamps to provide grams that, in effect, are not beneficial there is no confusion, these figures proof of payment for their heating or to the people who actually benefit from count only low-income support pro- cooling in order to qualify for the in- them in the short term? grams. They don’t include Medicare, come deduction. If the government is Three factors help explain this in- Social Security, or unemployment ben- paying for your heating, you should crease. First is that eligibility stand- efits. not say I need food stamps because I ards have been significantly loosened Collectively, our Federal welfare pro- have a big heating bill. But this is a over time with a dramatic drop in eli- grams constitute about $700 billion in clever maneuver designed by States— gibility standards in the last few years. Federal spending and $200 billion in frankly, deliberately—to extract more Second, it has been the explicit policy State contributions to the same pro- money from Washington—free money goal of the Federal bureaucracy to in- grams. That is about $900 billion on the for their States, and it is not good pol- crease the number of people on food Federal-State combined—most of it icy for America. It is not right that stamps. Bonus pay is even offered to Federal—and $900 billion is about one- some States get more under the food States that sign up more people. States fourth of the entire Federal budget. stamps program by using this tech- administer this program. An individual on food stamps may re- nique than others who don’t use this And, third, the way the system is ar- ceive as much as $25,000 in various abusive practice. Closing this loophole ranged with States administering the forms of financial assistance for their will produce $14 billion in savings over program but the Federal Government household from the Federal Govern- the next 10 years. That is a lot of providing all of the money, all of it, ment—as much as $25,000—in addition money. they do not have—States do not match to whatever salary they may earn in No. 3, let’s end the bonus payments food stamps. States have an incentive, part- or full-time work, or any support going to States for increasing the num- do you not see, to see their food stamp they may receive from their families or ber of people who sign up. We ought to

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.052 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3834 CONGRESSIONAL RECORD — SENATE June 7, 2012 be giving bonuses to people who iden- off of it. If we don’t, we can have an- efits the people we seek to benefit and tify people who are abusing the prob- other financial catastrophe, like in benefits the State treasuries at the lem and bringing those down, if any- 2007, and like they are having in Eu- same time. thing. rope today. That is very possible. So I yield the floor and suggest the ab- States currently receive bonus pay- we have to reduce our deficit and our sence of a quorum. ments for enrolling individuals in the abusive spending. The PRESIDING OFFICER. The food stamp program. Those bonus pay- Reforming the way we deliver welfare clerk will call the roll. ments highlight the perverse incentive is the compassionate course. It is not The bill clerk proceeded to call the States have to expand food stamp reg- mean-spirited to say that people who roll. istration rather than to reduce fraud are not entitled to the benefits don’t Mr. BROWN of Ohio. Mr. President, I and help more people achieve financial need the benefits and should not get ask unanimous consent that the order independence. We need to be focusing them. There is nothing wrong with for the quorum call be rescinded. The PRESIDING OFFICER (Mr. on helping people to get work and to be that. There is nothing wrong with hav- BEGICH). Without objection, it is so or- more productive and to bring in more ing incentives in your program, not to money for their families than food dered. see how many people you can get on Mr. BROWN of Ohio. I ask unanimous stamps would bring in. That is what food stamps but to see how many we consent to speak as in morning busi- the focus of American vitality and can get to work and be productive and ness for up to 10 minutes. growth should be. take care of themselves. The PRESIDING OFFICER. Without No. 4, let’s implement the SAVE Pro- The result of welfare reform in 1996, objection, it is so ordered. gram for food stamp usage. This if you remember that—and many of amendment would simply require the STUDENT LOANS you do—was less poverty, more growth, Mr. BROWN of Ohio. Mr. President, I government to use a very simple SAVE less teen pregnancy, more work, and come to the floor fairly often to share Program, similar to the E-Verify Pro- more people successfully caring for letters I get from people in Ohio and gram, to ensure that adults receiving themselves. We have slipped back, in especially when it is an issue that is on benefits are in fact lawfully in the my opinion. We moved back from some the tips of so many young people’s country. This is a commonsense thing of the progress we made from the 1996 tongues and on the minds of so many to do at a time when we have to borrow provision. in our State. 40 cents out of every dollar we spend in Unfortunately, since 1996, Members I spent much of the last month vis- this government. We spend $3,700 bil- in both parties have failed to protect iting with students on college cam- lion and we take in $2,400 billion. We these gains. The welfare budget has puses at Wright State University in borrow the rest every year. We cannot swelled dramatically. Oversight has di- Dayton, at Hiram College in Portage afford to be providing incentives, bene- minished. Standards have slipped. We County in northeast Ohio, at the Cuya- fits, bonuses, and payments to reward now find ourselves in need of welfare hoga County Community College in people who have entered the country il- reform for the 21st century. We do. Cleveland, at the University of Cin- legally. We just don’t have the money. That is the nature of any government, cinnati, and Ohio State University. Ultimately, beyond first steps, the where once programs are established, Just this last Monday, I was at Owens best way to achieve integrity in the they go beyond rationality and need to Community College in Toledo. I hear food stamp program is to block-grant be reformed periodically. over and over and over about the debt it to the States. Send so much for the It is time to re-engage the national that far too many of our young people program, a fair percentage to each discussion over how the receipt of wel- bear when they get out of school. State, and let them distribute it. This fare benefits can become damaging, not Today is the last session day for our will provide States with a strong incen- merely to the Treasury but also to the pages from the winter term, and I hope tive to make sure each dollar is being recipient. the burden of debt on them—they are properly spent. They don’t have that Left unattended, the safety net can still several years away from absorbing today. It does no damage to a State if become a restraint, permanently re- the debt from college and going on to somebody is getting the money improp- moving people from the workforce. And the workplace. But I worry for them, erly, or getting more than they are en- Federal programs, unmonitored, can as I worry for so many of my constitu- titled to. If a State is administering begin to replace family, church, and ents from Cleveland to Cincinnati and the program and some people are get- community as a source of aid and sup- Ashtabula to Middletown and Gallip- ting too much and others are not get- port. olis to Wauseon because the average ting enough, then the State has an in- We need to reestablish the moral Ohio student who is graduating from a centive to make sure the abuses stop principle that Federal welfare should 4-year school and who has borrowed and the aid goes to the people who need be seen as temporary assistance, not money owes $27,000. This is a small it. That is the kind of program we need permanent support. The goal should be step, but it is one more piling on of in America—one that works and has in- to help people become independent and debt. If we are not able to freeze inter- centives built in to make the program self-sufficient. est rates on Stafford loans—which is have integrity. Such reforms, made sincerely and what my legislation will do, with Sen- The House budget adopts this reform. with concern for those in need, will im- ator REED of Rhode Island, Senator They like to complain about the House prove America’s social, fiscal, and eco- HARKIN of Iowa—to freeze interest and say the House doesn’t know what nomic health. Empowering the indi- rates for at least another year, these they are doing. This is a commonsense vidual is more than sound policy; it re- students will be faced with another reform. I am proud of what the House mains the animating moral idea behind $1,000, in addition to what they are al- did. They did exactly the right thing. the American experience, our national ready facing. Senate Democrats, of course, have not exceptionalism. We believe in indi- It has become a moral issue. If we even written a budget in 3 years. It has vidual responsibility. We believe in turn things over to these young people become clear that if we had gone helping people in need, but we don’t be- when they come out of school and they through a financial analysis, a budget lieve in creating circumstances where face this kind of debt, it means they debate in this Congress, we could save decent, hard-working people, who work are less likely to buy a house, it means a lot of money by ending the abuses in extra and save their money, who give they are less likely to start a business, the Food Stamp Program, and it would up vacations and going out to eat so and it means they are less likely to help us do other things the government they can take care of their family, are start a family. Do we want to do that needs to do. It would also become clear also required to support people who are to this generation of smart, young, en- that we will run out of money to pay irresponsible. That is not a healthy sit- thusiastic, talented people, instead of for this program if we don’t make uation for us to be in. giving them a better launch for their changes soon. We are in a financial sit- We need to strike the right balance. lives in their twenties and thirties? uation that is so grave that every ex- We can help those people in need and That is why it is essential we do this. pert has told us we are on an create a government and a social as- Two years before the Presiding Offi- unsustainable path and we have to get sistance program in America that ben- cer came to the Senate, in 2007, we

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.053 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3835 passed this freeze; President Bush will place on them as they go forward is XXII be waived; that at 4:30 p.m. on signed legislation that Senator Ken- heartbreaking. Monday, June 11, there be up to 60 min- nedy and I and others in the Health, This is the story the Presiding Offi- utes of debate on the motion to invoke Education, Labor, and Pensions Com- cer hears in Anchorage, in Fairbanks, cloture on the nomination, equally di- mittee worked on to freeze interest in Nome. I hear it in Toledo. I hear it vided between the two leaders, or their rates for Stafford subsidized loans at in Lima. I hear it in Mansfield. I hear designees; that upon the use or yield- 3.4 percent. There is a 5-year freeze. If it in Sandusky. It is incumbent upon ing back of time, the Senate vote on we don’t act by July 1, 2012, 5 years us—it is a moral question—not to load the motion to invoke cloture on the after we passed it, that will mean these more debt on these young people so nomination; further, that if cloture is loans are going to double. they can develop their talents in a way not invoked on the nomination, the I wish to share a couple letters I have that not only will help them individ- Senate resume legislative session and gotten from people in Ohio. This ually, not only will help their families the motion to proceed to S. 3240 be doesn’t just affect the students; there but will help our society prosper. agreed to at 2:15 p.m., Tuesday, June are some 380,000 college students in my We know what the GI bill did in the 12; finally, if cloture is invoked, that State whom it affects. But it doesn’t 1940s and 1950s and 1960s. It not only upon disposition of the Hurwitz nomi- just affect these students; it affects helped millions of service men and nation, the Senate resume legislative their families. Their parents, some- women and their families, it also lifted session and the motion to proceed to S. times their grandparents, send us let- the prosperity of the United States of 3240 be agreed to. ters about how serious this is for them. America. We owe this generation no The PRESIDING OFFICER. Without I will read two letters. less than that. objection, it is so ordered. Jeff from Lorain—which happens to I suggest the absence of a quorum. f be my home county: The PRESIDING OFFICER. The I’ve been a lifelong resident of Lorain, OH. clerk will call the roll. LEGISLATIVE SESSION The bill clerk proceeded to call the My daughter graduated top of her class from Mr. REID. I ask unanimous consent roll. Southview in 2008. She just graduated from that we now resume legislative session. Hiram College with a bachelor in Mathe- Mr. REID. Mr. President, I ask unan- matics and minor in Political Science Cum imous consent that the order for the The PRESIDING OFFICER. Without Laude. She maxed out her Stafford loans quorum call be rescinded. objection, it is so ordered. each year, and these help her to attend col- The PRESIDING OFFICER (Mr. f lege. I’ve worked in factories all my life, the MANCHIN). Without objection, it is so MORNING BUSINESS last 20 years at Avon Lake Ford so we are ordered. able to help some but the major work was Mr. REID. I ask unanimous consent done by our daughter with her focus and f that we proceed to a period of morning hard work. She is moving on to grad school EXECUTIVE SESSION but at some point she will have to start re- business, with Senators permitted to paying these loans. Do we want to burden speak therein for up to 10 minutes these young bright minds with loan pay- NOMINATION OF ANDREW DAVID each. ments that are so large they will weigh them HURWITZ, OF ARIZONA, TO BE The PRESIDING OFFICER. Without down financially for a large portion of their objection, it is so ordered. young adult lives? Were these loans designed UNITED STATES CIRCUIT JUDGE to help students who don’t come from fami- FOR THE NINTH CIRCUIT f lies with large disposable incomes? Or are Mr. REID. Mr. President, I ask unan- TRIBUTE TO WARREN B. LEWIS III they to be used as a way to make money off imous consent to proceed to executive Mr. BURR. Mr. President, I want to our young people trying to reach their po- session to consider Calendar No. 607, tential? honor the life of Investigator Warren the nomination of Andrew David ‘‘Sneak’’ B. Lewis III of the Nash Coun- One of the good things President Hurwitz, of the State of Arizona, to be ty Sheriff’s Office. On June 9, 2011, In- Obama did about this was he helped United States Circuit Judge for the vestigator Lewis’ life was cut short people get into the Federal Direct Loan Ninth Circuit. Program so they would no longer be The PRESIDING OFFICER. Without when he was fatally wounded while at- borrowing from banks at much higher objection, it is so ordered. tempting to apprehend a fugitive want- interest rates. College is too expensive. The clerk will report the nomination. ed for murder in Kinston, N.C. I want The States don’t put enough money The legislative clerk read the nomi- to take a moment to remember him as into colleges so that the colleges don’t nation of Andrew David Hurwitz, of Ar- we near the anniversary of his death. charge such high tuitions. Tuitions izona, to be United States Circuit Investigator Lewis began his career have gone up like this over the years. Judge for the Ninth Circuit. in law enforcement in 2002, when he But at least we were able to make a big CLOTURE MOTION joined the Nash County Sheriff’s Office difference on interest. This is our Mr. REID. I send a cloture motion to as a deputy. Through his hard work chance to do it again, and we shouldn’t the desk with respect to that nomina- and dedication, he was promoted to In- let Jeff and his daughter down and oth- tion. vestigator where he first served with ers. The PRESIDING OFFICER. The clo- the Narcotics Division and was later The other letter I will read is from ture motion having been presented assigned to the U.S. Marshals Service’s Marcelline from Wilberforce. under rule XXII, the Chair directs the Eastern District of North Carolina Vio- I am 60 years old. I went back to school to clerk to read the motion. lent Fugitive Task Force. On this as- get a job that would not continue to destroy CLOTURE MOTION signment, Investigator Lewis helped my physical health. My previous job for com- We, the undersigned Senators, in accord- the Task Force with the difficult and panies like BP and Wal-Mart were devastat- ance with the provisions of rule XXII of the important work of locating and arrest- ingly hard on me all with little or no med- Standing Rules of the Senate, hereby move ing fugitives throughout eastern North ical help. I also returned in hopes of obtain- to bring to a close debate on the nomination Carolina. ing employment that will position me to be of Andrew David Hurwitz, of Arizona, to be gainfully employed for the next 15 to 20 Investigator Lewis was dedicated to United States Circuit Judge for the 9th Cir- years. I am supporting my two grandchildren protecting the people of North Caro- cuit. both are aspergers and my son while he tries lina, and today we remember him as he Harry Reid, Patrick J. Leahy, Al to gain a degree of his own. I see no possi- gave his life in service to our State. I Franken, Daniel K. Inouye, Bill Nelson, bility of retiring before I die. I also see no Amy Klobuchar, Jeff Bingaman, Mi- want his wife Shannon Lewis, daugh- possibility of paying off my education before chael F. Bennet, Herb Kohl, Patty Mur- ters Lauren and Ashley Lewis, father I die. When I started my education I could ray, Robert P. Casey, Jr., Tom Udall, Warren Lewis, and mother Ann Lewis justify the cost, but I have seen it going up Richard Blumenthal, Benjamin L. to know that my thoughts and prayers yearly to the point I see no way of paying for Cardin, Sheldon Whitehouse, Chris- it now, especially if interest rates continue are with them on this day. I know that topher A. Coons, Mark Begich. to climb. I cannot conceive how the young Investigator Lewis will be forever people will be able to repay their debts. I am Mr. REID. I ask unanimous consent missed, and his service and sacrifice very concerned for them. The burden this that the mandatory quorum under rule will not be forgotten.

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.055 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3836 CONGRESSIONAL RECORD — SENATE June 7, 2012 ADDITIONAL STATEMENTS equally important to recognize Ameri- dren with long-term care needs, and cans who worked to support them. Pro- the support we can provide to them. fessor John D. Wray knew exactly what Katie and her family will forever be REMEMBERING JOHN D. WRAY he could do to maximize his support for known as heroes who fought for fair ∑ Mr. BENNET. Mr. President, today I the United States in one of our great- Medicaid benefits for every child. Be- wish to honor a former Tuskegee Uni- est times of need. I learned of Professor fore their advocacy work, Medicaid did versity professor whose efforts to sup- Wray through his granddaughter, Kath- not cover at-home treatment for chil- port this country during the First ryn Green, who now resides in Denver, dren with disabilities or special health World War, with the help of the hard- CO. She and her family take great care needs. As a child suffering from working young people he recruited for pride in his contributions to our Na- viral encephalitis, Katie was forced to agricultural clubs, have gone largely tion’s war effort during World War I. I live in a hospital in order to receive unacknowledged until recently. join them and all Americans today in treatment under Medicaid. Her mother After the United States entered offering our gratitude and thanks to went to work lobbying on behalf of World War I in April of 1917, Professor Professor Wray’s outstanding commit- Katie and other children in the same John D. Wray left his position at ment to country, community, and the situation. As a result of her efforts, Tuskegee University and relocated to agricultural sciences.∑ President Reagan passed a waiver that North Carolina to aid in the war effort. f would allow children on Medicaid the As a professor specializing in agricul- option to receive medical care in their TRIBUTE TO CHUCK LANGE tural science, Wray utilized his unique homes. skills to help grow food for service- ∑ Mr. BOOZMAN. Mr. President, today To this day, the waiver—which is re- members fighting abroad. He partnered I wish to honor Chuck Lange, who re- ferred to as the ‘‘Katie Beckett Waiv- with Black county agents to organize cently retired as the executive director er’’—enhances the quality of life of and encourage African-American farm- of the Arkansas Sheriff’s Association thousands of children across the Na- ers’ children to join agricultural clubs, after more than two decades of service tion, including many in my home State which became known as the Saturday at the ASA and a lifetime of dedication of Rhode Island. Service League. Wray even created a to safety and law enforcement. Caroline Friedman of Portsmouth, RI newspaper, the Rural Messenger, which As executive director of ASA, Chuck weighed 2 pounds, 15 ounces when she was advertised as ‘‘the only Negro farm worked for the sheriffs of Arkansas but was born. In order to survive, Caroline journal in the world.’’ he shared his expertise in law enforce- must receive cardiac medicine through In the first issue, Wray wrote that ment with many more people. Chuck’s a central line in her heart. Because of the children ‘‘were told why they passion for law enforcement and the the Katie Beckett Waiver, Caroline re- should engage in this work as a nec- lessons he learned at the University of ceives her life-sustaining treatment essary defense for their country; that Arkansas, the Southwest Texas State’s outside of the hospital. She is now 9 they could greatly assist by growing Crime Prevention Institution, and the years old, and is living a full life at- food to feed the boys who had gone to FBI National Academy benefitted Ar- tending school, joining Girl Scouts, the trenches.’’ In just 1 year’s time, kansans during his 43 years in law en- and even taking karate classes. Wray had increased participation in forcement and security-related serv- Because of the Katie Beckett Waiver, North Carolina agricultural clubs ten- ices. Jacob Vandal of Little Compton, RI, fold, growing enrollment from 1,400 to Chuck’s professional achievements who suffers from a rare genetic dis- more than 14,000. The Saturday Service are far-reaching and his accomplish- order, was able to receive home-based League produced more than 17,000 ments continue far beyond the office. therapy services. Receiving this treat- chickens, 30,000 eggs, 23,000 pounds of He passed along his decades of law en- ment at home made a huge difference pork, 700 bushels of wheat, 500 bushels forcement knowledge to others. As a to his developmental progress. Now, of peas, 1,800 bushels of peanuts, 32 volunteer, Chuck conducts training Jacob is a well-adjusted 27 year old bales of cotton, 45,000 bushels of corn, sessions for rape victim advocates, who works in a supported employment and 700 bushels of potatoes in a single earning him accolades from Rape Cri- program—something his parents say year. sis, Inc. Having also taught women’s would not have been possible without Even after the war ended in 1919, self-defense classes, it is evident that the at-home care afforded to him by many of the youth were inspired by Chuck has a true commitment to mak- the Katie Beckett Waiver. Wray’s patriotism and continued to ing sure Arkansans understand how to Katie Beckett and her family paved work in the clubs to help feed the hun- protect themselves and stay safe. the way for Caroline, Jacob, and so gry and displaced peoples of Europe. By Chuck shares his strong commitment many others like them to receive their World War II, the clubs were nick- to law enforcement as a member of sev- treatment at home with their family, named the ‘‘Victory Volunteers.’’ eral boards and task forces including where they most wanted to be. I know Born in 1889, Wray grew up on a to- the Arkansas Law Enforcement Memo- these individuals and their families bacco farm near Durham and moved to rial Board; executive board at the will be forever grateful for the dif- Greensboro, NC, to attend the Agricul- Criminal Justice Institute; Arkansas ference the Beckett family has made to tural and Technical College, where he Coalition Against Domestic Violence their lives. On behalf of all Rhode Is- received his degree in agricultural Board; Governor’s Strategic Preven- landers, I extend my heartfelt condo- science. There he met his wife and de- tion Framework Advisory Board and lences to the Beckett family for their veloped a passion for community orga- Governor’s Task Force on After School loss.∑ nizing. Utilizing the agricultural skills Programs. he learned at the college, Wray taught I congratulate Chuck Lange for his f the youth he organized modern farming outstanding achievements and success MESSAGES FROM THE PRESIDENT techniques that increased yields 10 in law enforcement and I ask my col- times over, actively improving the leagues to join me in honoring him on Messages from the President of the utility of each farmer he encountered. his retirement. I wish him continued United States were communicated to In 1915, the North Carolina Agricul- success in his future endeavors. We are the Senate by Mr. Pate, one of his sec- tural Experiment Station offered him a all grateful for his years of service and retaries. job with a salary of $1,200 per year, leadership to Arkansas.∑ f making him the first African-American f agent for the North Carolina Extension EXECUTIVE MESSAGES REFERRED Service. He also became an advocate REMEMBERING KATIE BECKETT As in executive session the Presiding for young Black men who were mis- ∑ Mr. WHITEHOUSE. Mr. President, I Officer laid before the Senate messages treated while serving their country in rise today to pay tribute to the cour- from the President of the United military service. age of Katie Beckett, whose recent States submitting sundry nominations While many wartime stories focused passing bids us pause to remember the and withdrawals which were referred to on the front lines of combat, it is challenges faced by families with chil- the appropriate committees.

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.022 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3837 (The nominations received today are EXECUTIVE AND OTHER pursuant to law, a Selected Acquisition Re- printed at the end of the Senate pro- COMMUNICATIONS port (SAR) for the Evolved Expendable ceedings.) Launch Vehicle (EELV) program; to the The following communications were Committee on Armed Services. f laid before the Senate, together with EC–6393. A communication from the Chief MESSAGE FROM THE HOUSE accompanying papers, reports, and doc- Counsel, Federal Emergency Management uments, and were referred as indicated: Agency, Department of Homeland Security, At 10:32 a.m., a message from the transmitting, pursuant to law, the report of EC–6383. A communication from the Direc- House of Representatives, delivered by a rule entitled ‘‘Changes in Flood Elevation tor of the Regulatory Management Division, Determinations’’ ((44 CFR Part 65) (Docket Mrs. Cole, one of its reading clerks, an- Environmental Protection Agency, transmit- No. FEMA–2012–0003)) received during ad- nounced that the House has passed the ting, pursuant to law, the report of a rule en- following bills, without amendment: journment of the Senate in the Office of the titled ‘‘Fenamidone; Pesticide Tolerance; President of the Senate on May 30, 2012; to S. 292. An act to resolve the claims of the Technical Amendment’’ (FRL No. 9351–5) re- the Committee on Banking, Housing, and Bering Straits Native Corporation and the ceived during adjournment of the Senate in Urban Affairs. State of Alaska to land adjacent to Salmon the Office of the President of the Senate on EC–6394. A communication from the Chief Lake in the State of Alaska and to provide June 1, 2012; to the Committee on Agri- Counsel of the Fiscal Service, Bureau of Pub- for the conveyance to the Bering Straits Na- culture, Nutrition, and Forestry. lic Debt, Department of the Treasury, trans- tive Corporation of certain other public land EC–6384. A communication from the Con- mitting, pursuant to law, the report of a rule in partial satisfaction of the land entitle- gressional Review Coordinator, Animal and entitled ‘‘U.S. Treasury Securities—State ment of the Corporation under the Alaska Plant Health Inspection Service, Department and Local Government Series’’ ((31 CFR Part Native Claims Settlement Act. of Agriculture, transmitting, pursuant to 344) (Department of the Treasury Circular, S. 363. An act to authorize the Secretary of law, the report of a rule entitled ‘‘Asian Public Debt Series No. 3–72)) received in the Commerce to convey property of the Na- Longhorned Beetle; Quarantined Areas in Office of the President of the Senate on June tional Oceanic and Atmospheric Administra- Massachusetts, Ohio, and New York’’ (Dock- 4, 2012; to the Committee on Banking, Hous- tion to the City of Pascagoula, Mississippi, et No. APHIS–2012–0003) received in the Of- ing, and Urban Affairs. and for other purposes. fice of the President of the Senate on June 5, EC–6395. A communication from the Sec- ENROLLED BILLS SIGNED 2012; to the Committee on Agriculture, Nu- retary of the Treasury, transmitting, pursu- trition, and Forestry. ant to law, the six-month periodic report on At 4:12 p.m., a message from the EC–6385. A communication from the Sec- the national emergency with respect to House of Representatives, delivered by retary of Defense, transmitting, pursuant to North Korea that was declared in Executive Mrs. Cole, one of its reading clerks, an- law, a report relative to the National De- Order 13466 of June 26, 2008; to the Com- nounced that the Speaker has signed fense Authorization Act for fiscal year 2012 mittee on Banking, Housing, and Urban Af- the following enrolled bills: (OSS Control No. 2012–0717); to the Com- fairs. EC–6396. A communication from the Sec- S. 292. An act to resolve the claims of the mittee on Armed Services. retary of the Treasury, transmitting, pursu- Bering Straits Native Corporation and the EC–6386. A communication from the Chair- ant to law, the six-month periodic report on State of Alaska to land adjacent to Salmon man of the Joint Chiefs of Staff, transmit- the national emergency with respect to the Lake in the State of Alaska and to provide ting, pursuant to law, a report relative to Western Balkans that was declared in Execu- for the conveyance to the Bering Straits Na- military construction requirements related tive Order 13219 of June 26, 2001; to the Com- tive Corporation of certain other public land to antiterrorism and force protection (DCN mittee on Banking, Housing, and Urban Af- in partial satisfaction of the land entitle- OSS No. 2012–0654); to the Committee on fairs. ment of the Corporation under the Alaska Armed Services. EC–6387. A communication from the Sec- EC–6397. A communication from the Sec- Native Claims Settlement Act. retary of Energy, transmitting, pursuant to S. 363. An act to authorize the Secretary of retary of the Air Force, transmitting, pursu- ant to law, a report entitled ‘‘2011 Military law, a report concerning operations at the Commerce to convey property of the Na- Naval Petroleum Reserves for fiscal year tional Oceanic and Atmospheric Administra- Working Dog Disposition Report’’; to the Committee on Armed Services. 2011; to the Committee on Energy and Nat- tion to the City of Pascagoula, Mississippi, ural Resources. and for other purposes. EC–6388. A communication from the Acting Under Secretary of Defense (Personnel and EC–6398. A communication from the Direc- The enrolled bills were subsequently Readiness), transmitting a report on the ap- tor of Congressional Affairs, Nuclear Reactor signed by the President pro tempore proved retirement of Lieutenant General Regulation, Nuclear Regulatory Commis- sion, transmitting, pursuant to law, the re- (Mr. INOUYE). Ronald L. Burgess, Jr., United States Army, port of a rule entitled ‘‘Risk-Informed Exten- and his advancement to the grade of lieuten- f sion of the Reactor Vessel Nozzle Inservice ant general on the retired list; to the Com- Inspection Interval’’ (WCAP–17236–NP, Revi- MEASURES PLACED ON THE mittee on Armed Services. sion 0) received during adjournment of the CALENDAR EC–6389. A communication from the Acting Senate in the Office of the President of the Under Secretary of Defense (Personnel and The following bills were read the sec- Senate on May 31, 2012; to the Committee on Readiness), transmitting the report of five ond time, and placed on the calendar: Environment and Public Works. (5) officers authorized to wear the insignia of EC–6399. A communication from the Direc- S. 3268. A bill to amend title 49, United the grade of major general and brigadier gen- tor of Congressional Affairs, Nuclear Regu- States Code, to provide rights for pilots, and eral, respectively, in accordance with title latory Research, Nuclear Regulatory Com- for other purposes. 10, United States Code, section 777; to the mission, transmitting, pursuant to law, the S. 3269. A bill to provide that no United Committee on Armed Services. report of a rule entitled ‘‘Withdrawal of Reg- States assistance may be provided to Paki- EC–6390. A communication from the Direc- ulatory Guide 8.33, ‘Quality Management stan until Dr. Shakil Afridi is freed. tor of Defense Procurement and Acquisition Program’’’ (Regulatory Guide 8.33) received f Policy, Department of Defense, transmit- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- ENROLLED BILLS PRESENTED on June 5, 2012; to the Committee on Envi- titled ‘‘Defense Federal Acquisition Regula- ronment and Public Works. The Secretary of the Senate an- tion Supplement; Title 41 Positive Law Codi- EC–6400. A communication from the Direc- nounced that on today, June 7, 2012, fication—Further Implementation’’ tor of Congressional Affairs, Nuclear Regu- she had presented to the President of ((RIN0750–AH55) (DFARS Case 2011–D003)) re- latory Research, Nuclear Regulatory Com- ceived in the Office of the President of the the United States the following en- mission, transmitting, pursuant to law, the Senate on June 4, 2012; to the Committee on report of a rule entitled ‘‘Health Physics rolled bills: Armed Services. Surveys During Enriched Uranium-235 Proc- S. 292. An act to resolve the claims of the EC–6391. A communication from the Direc- essing and Fuel Fabrication’’ (Regulatory Bering Straits Native Corporation and the tor of Defense Procurement and Acquisition Guide 8.24, Revision 2) received in the Office State of Alaska to land adjacent to Salmon Policy, Department of Defense, transmit- of the President of the Senate on June 5, Lake in the State of Alaska and to provide ting, pursuant to law, the report of a rule en- 2012; to the Committee on Environment and for the conveyance to the Bering Straits Na- titled ‘‘Defense Federal Acquisition Regula- Public Works. tive Corporation of certain other public land tion Supplement; Contractors Performing EC–6401. A communication from the Direc- in partial satisfaction of the land entitle- Private Security Functions’’ ((RIN0750– tor of Congressional Affairs, Nuclear Reactor ment of the Corporation under the Alaska AH28) (DFARS Case 2011–D023)) received in Regulation, Nuclear Regulatory Commis- Native Claims Settlement Act. the Office of the President of the Senate on sion, transmitting, pursuant to law, the re- S. 363. An act to authorize the Secretary of June 4, 2012; to the Committee on Armed port of a rule entitled ‘‘Guidelines for Per- Commerce to convey property of the Na- Services. forming Verification Walkdowns of Plant tional Oceanic and Atmospheric Administra- EC–6392. A communication from the Acting Flood Protection Features’’ (Endorsement of tion to the City of Pascagoula, Mississippi, Under Secretary of Defense (Acquisition, NEI 12–07) received in the Office of the Presi- and for other purposes. Technology, and Logistics), transmitting, dent of the Senate on June 5, 2012; to the

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.010 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3838 CONGRESSIONAL RECORD — SENATE June 7, 2012 Committee on Environment and Public ment of Health and Human Services, trans- INTRODUCTION OF BILLS AND Works. mitting, pursuant to law, a report relative to JOINT RESOLUTIONS EC–6402. A communication from the Direc- a vacancy in the position of General Counsel, tor of Congressional Affairs, Nuclear Reactor Department of Health and Human Services, The following bills and joint resolu- Regulation, Nuclear Regulatory Commis- Office of General Counsel; to the Committee tions were introduced, read the first sion, transmitting, pursuant to law, the re- on Health, Education, Labor, and Pensions. and second times by unanimous con- port of a rule entitled ‘‘Seismic Walkdown EC–6414. A communication from the Dep- sent, and referred as indicated: Guidance for Resolution of Fukushima Near- uty Director for Policy, Legislative and Reg- By Mr. KERRY: Term Task Force Recommendation 2.3: Seis- ulatory Department, Pension Benefit Guar- mic’’ (Endorsement of EPRI 1025286) received anty Corporation, transmitting, pursuant to S. 3271. A bill to provide all Medicare bene- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Benefits ficiaries with the right to guaranteed issue on June 5, 2012; to the Committee on Envi- Payable in Terminated Single-Employer of a Medicare supplemental policy; to the ronment and Public Works. Plans; Interest Assumptions for Valuing and Committee on Finance. EC–6403. A communication from the Assist- Paying Benefits’’ (29 CFR Part 4022) received By Mr. SANDERS: ant Secretary, Bureau of Legislative Affairs, during adjournment of the Senate in the Of- S. 3272. A bill to improve access to oral Department of State, transmitting, pursuant fice of the President of the Senate on June 1, health care for vulnerable and underserved to law, a report relative to the extension of 2012; to the Committee on Health, Education, populations; to the Committee on Finance. waiver authority for Turkmenistan; to the Labor, and Pensions. By Mr. BROWN of Massachusetts: Committee on Finance. EC–6415. A communication from the Direc- S. 3273. A bill to establish a youth summer EC–6404. A communication from the Assist- tor of Regulations and Policy Management employment program, and for other pur- ant Secretary, Bureau of Legislative Affairs, Staff, Food and Drug Administration, De- poses; to the Committee on Health, Edu- Department of State, transmitting, pursuant partment of Health and Human Services, cation, Labor, and Pensions. to law, a report relative to the extension of transmitting, pursuant to law, the report of By Mr. KERRY (for himself, Mr. waiver authority for Belarus; to the Com- a rule entitled ‘‘Amendments to Sterility CORKER, Mr. BROWN of Ohio, Mr. mittee on Finance. Test Requirements for Biological Products; CHAMBLISS, Mr. SESSIONS, and Mr. EC–6405. A communication from the Chief Correction’’ ((RIN0910–AG16) (Docket No. BROWN of Massachusetts): of the Publications and Regulations Branch, FDA–2011–N–0080)) received during adjourn- S. 3274. A bill to direct the Secretary of Internal Revenue Service, Department of the ment of the Senate in the Office of the Presi- Commerce, in coordination with the heads of Treasury, transmitting, pursuant to law, the dent of the Senate on May 31, 2012; to the other relevant Federal departments and report of a rule entitled ‘‘Implementation of Committee on Health, Education, Labor, and agencies, to produce a report on enhancing Rev. Rul. 2006–57–Issues for Public Com- Pensions. the competitiveness of the United States in ment’’ (Notice 2012–38) received in the Office EC–6416. A communication from the Sec- attracting foreign direct investment, and for of the President of the Senate on June 5, retary of Health and Human Services, trans- other purposes; to the Committee on Com- 2012; to the Committee on Finance. mitting, pursuant to law, a report entitled, merce, Science, and Transportation. EC–6406. A communication from the Chief ‘‘2010 Impact and Effectiveness of Adminis- By Mr. COONS (for himself, Mr. of the Trade and Commercial Regulations tration for Native Americans (ANA) Projects MORAN, Mr. TESTER, Mr. FRANKEN, Branch, Customs and Border Protection, De- Report’’; to the Committee on Indian Affairs. Ms. KLOBUCHAR, Mr. WHITEHOUSE, and partment of Homeland Security, transmit- EC–6417. A communication from the Direc- Mrs. SHAHEEN): ting, pursuant to law, the report of a rule en- tor of the Regulation Policy and Manage- S. 3275. A bill to amend the Internal Rev- titled ‘‘Customs Broker Recordkeeping Re- ment, Veterans Health Administration, De- quirements Regarding Location and Method enue Code of 1986 to extend the publicly trad- partment of Veterans Affairs, transmitting, ed partnership ownership structure to energy of Record Retention’’ ((RIN1515–AD66) (for- pursuant to law, the report of a rule entitled merly RIN1505–AC12)) received in the Office power generation projects and transpor- ‘‘Servicemembers’ Group Life Insurance tation fuels, and for other purposes; to the of the President of the Senate on June 5, Traumatic Injury Protection Program—Gen- 2012; to the Committee on Finance. Committee on Finance. itourinary Losses’’ (RIN2900–AO20) received By Mrs. FEINSTEIN: EC–6407. A communication from the Sec- during adjournment of the Senate in the Of- retary of Health and Human Services, trans- fice of the President of the Senate on May 31, S. 3276. An original bill to extend certain mitting, pursuant to law, a report relative to 2012; to the Committee on Veterans’ Affairs. amendments made by the FISA Amendments implementation of menu and vending ma- Act of 2008, and for other purposes; from the chine labeling; to the Committee on Health, Select Committee on Intelligence; placed on f Education, Labor, and Pensions. the calendar. EC–6408. A communication from the Sec- By Ms. LANDRIEU (for herself and retary of Health and Human Services, trans- REPORTS OF COMMITTEES Mrs. SHAHEEN): mitting, pursuant to law, a report entitled The following reports of committees S. 3277. A bill to encourage exporting by ‘‘Fiscal Year 2011 Medical Device User Fee were submitted: small business concerns, and for other pur- and Modernization Act (MDUFMA) Financial poses; to the Committee on Small Business By Mrs. FEINSTEIN, from the Select Com- Report’’; to the Committee on Health, Edu- and Entrepreneurship. mittee on Intelligence, without amendment: cation, Labor, and Pensions. By Mr. BEGICH: EC–6409. A communication from the Sec- S. 3276. An original bill to extend certain amendments made by the FISA Amendments S. 3278. A bill to amend the Consolidated retary of Health and Human Services, trans- Farm and Rural Development Act to provide mitting, pursuant to law, a report entitled Act of 2008, and for other purposes (Rept. No. 112–174). and improve housing in rural areas for edu- ‘‘Implementation of Section 3507 of the Pa- cators, public safety officers, and medical tient Protection and Affordable Care Act of f providers, and their households, and for 2010’’; to the Committee on Health, Edu- other purposes; to the Committee on Bank- cation, Labor, and Pensions. ing, Housing, and Urban Affairs. EC–6410. A communication from the Sec- EXECUTIVE REPORTS OF By Mr. CORNYN (for himself and Mrs. retary of Health and Human Services, trans- COMMITTEE HUTCHISON): mitting, pursuant to law, a financial report relative to the Animal Generic Drug User The following executive reports of S. 3279. A bill to provide for alternative fi- Fee Act for fiscal year 2011; to the Com- nominations were submitted: nancing arrangements for the provision of certain services and the construction and mittee on Health, Education, Labor, and By Mr. LEAHY for the Committee on the maintenance of infrastructure at land border Pensions. Judiciary. ports of entry, and for other purposes; to the EC–6411. A communication from the Sec- Robert E. Bacharach, of Oklahoma, to be Committee on Homeland Security and Gov- retary of Health and Human Services, trans- United States Circuit Judge for the Tenth ernmental Affairs. mitting, pursuant to law, a financial report Circuit. By Mr. JOHANNS (for himself, Mr. relative to the Animal Drug User Fee Act for Paul William Grimm, of Maryland, to be ALEXANDER, Mr. BOOZMAN, Mr. fiscal year 2011; to the Committee on Health, United States District Judge for the District COBURN, Mr. CORKER, Mr. CORNYN, Education, Labor, and Pensions. of Maryland. Mr. ENZI, Mr. ISAKSON, Mr. PORTMAN, EC–6412. A joint communication from the Mark E. Walker, of Florida, to be United Mr. RUBIO, Ms. SNOWE, Mr. CHAM- Secretary of Agriculture and the Secretary States District Judge for the Northern Dis- BLISS, and Mr. BURR): of Health and Human Services, transmitting, trict of Florida. pursuant to law, a report relative to Thefts, John E. Dowdell, of Oklahoma, to be S. 3280. A bill to preserve the companion- Losses, or Releases of Select Agents and United States District Judge for the North- ship services exemption for minimum wage Toxins for Calendar Year 2011; to the Com- ern District of Oklahoma. and overtime pay under the Fair Labor mittee on Health, Education, Labor, and Standards Act of 1938; to the Committee on Pensions. (Nominations without an asterisk Health, Education, Labor, and Pensions. EC–6413. A communication from the Execu- were reported with the recommenda- By Ms. SNOWE (for herself, Mr. KERRY, tive Analyst, Office of the Secretary, Depart- tion that they be confirmed.) and Mr. COBURN):

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.023 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3839 S. 3281. A bill to terminate the Federal au- 2000, to enhance measures to combat lina (Mr. GRAHAM) was added as a co- thorization of the National Veterans Busi- trafficking in persons, and for other sponsor of S. 2148, a bill to amend the ness Development Corporation; to the Com- purposes. Toxic Substance Control Act relating mittee on Small Business and Entrepreneur- S. 1421 to lead-based paint renovation and re- ship. At the request of Mr. PORTMAN, the modeling activities. f name of the Senator from Florida (Mr. S. 2165 SUBMISSION OF CONCURRENT AND NELSON) was added as a cosponsor of S. At the request of Mrs. BOXER, the SENATE RESOLUTIONS 1421, a bill to authorize the Peace Corps name of the Senator from New Jersey The following concurrent resolutions Commemorative Foundation to estab- (Mr. LAUTENBERG) was added as a co- and Senate resolutions were read, and lish a commemorative work in the Dis- sponsor of S. 2165, a bill to enhance referred (or acted upon), as indicated: trict of Columbia and its environs, and strategic cooperation between the By Mr. LIEBERMAN (for himself, Mr. for other purposes. United States and Israel, and for other MCCAIN, Mrs. SHAHEEN, and Mr. S. 1613 purposes. RUBIO): At the request of Mr. REED, the name S. 2205 S. Res. 486. A resolution condemning the of the Senator from California (Mrs. At the request of Mr. MORAN, the PKK and expressing solidarity with Turkey; BOXER) was added as a cosponsor of S. names of the Senator from Georgia to the Committee on Foreign Relations. 1613, a bill to improve and enhance re- (Mr. ISAKSON) and the Senator from By Mr. BEGICH (for himself, Mr. BEN- search and programs on childhood can- Mississippi (Mr. COCHRAN) were added NET, Mr. BOOZMAN, and Mr. ISAKSON): cer survivorship, and for other pur- S. Res. 487. A resolution expressing the as cosponsors of S. 2205, a bill to pro- sense of the Senate that the ambush mar- poses. hibit funding to negotiate a United Na- keting adversely affects Team USA and the S. 1947 tions Arms Trade Treaty that restricts Olympic and Paralympic Movements and At the request of Mr. BLUMENTHAL, the Second Amendment rights of should not be condoned; to the Committee on the name of the Senator from Maine United States citizens. Commerce, Science, and Transportation. (Ms. COLLINS) was added as a cosponsor S. 2234 By Ms. SNOWE (for herself, Mrs. SHA- of S. 1947, a bill to prohibit attendance At the request of Ms. AYOTTE, her HEEN, Mr. BLUMENTHAL, Mr. LIEBER- of an animal fighting venture, and for MAN, Mr. KERRY, Mr. BROWN of Mas- name was added as a cosponsor of S. other purposes. sachusetts, Ms. COLLINS, and Ms. 2234, a bill to prevent human traf- AYOTTE): S. 1989 ficking in government contracting. At the request of Ms. CANTWELL, the S. Res. 488. A resolution commending the S. 2242 efforts of the firefighters and emergency re- names of the Senator from New York At the request of Mr. THUNE, the sponse personnel of Maine, New Hampshire, (Mr. SCHUMER) and the Senator from name of the Senator from South Caro- Massachusetts, and Connecticut, who came California (Mrs. BOXER) were added as lina (Mr. GRAHAM) was added as a co- together to extinguish the May 23, 2012, fire cosponsors of S. 1989, a bill to amend sponsor of S. 2242, a bill to amend the at Portsmouth Naval Shipyard in Kittery, the Internal Revenue Code of 1986 to Maine; considered and agreed to. Internal Revenue Code of 1986 to repeal make permanent the minimum low-in- the estate and generation-skipping f come housing tax credit rate for unsub- transfer taxes, and for other purposes. ADDITIONAL COSPONSORS sidized buildings and to provide a min- S. 2282 S. 67 imum 4 percent credit rate for existing buildings. At the request of Mr. INHOFE, the At the request of Mr. INOUYE, the name of the Senator from Ohio (Mr. name of the Senator from Montana S. 2004 At the request of Mr. UDALL of New PORTMAN) was added as a cosponsor of (Mr. BAUCUS) was added as a cosponsor Mexico, the name of the Senator from S. 2282, a bill to extend the authoriza- of S. 67, a bill to amend title 10, United tion of appropriations to carry out ap- States Code, to permit former members Connecticut (Mr. BLUMENTHAL) was added as a cosponsor of S. 2004, a bill to proved wetlands conservation projects of the Armed Forces who have a serv- under the North American Wetlands ice-connected disability rated as total grant the Congressional Gold Medal to the troops who defended Bataan during Conservation Act through fiscal year to travel on military aircraft in the 2017. same manner and to the same extent as World War II. S. 2364 retired members of the Armed Forces S. 2036 At the request of Ms. SNOWE, the are entitled to travel on such aircraft. At the request of Mr. BARRASSO, his name was added as a cosponsor of S. name of the Senator from South Da- S. 722 2036, a bill to require the Secretary of kota (Mr. THUNE) was added as a co- At the request of Mr. WYDEN, the the Treasury to mint coins in recogni- sponsor of S. 2364, a bill to extend the name of the Senator from Ohio (Mr. tion and celebration of the National availability of low-interest refinancing BROWN) was added as a cosponsor of S. Baseball Hall of Fame. under the local development business 722, a bill to strengthen and protect S. 2060 loan program of the Small Business Medicare hospice programs. At the request of Mr. KOHL, the name Administration. S. 996 of the Senator from Alaska (Ms. MUR- S. 2371 At the request of Mr. ROCKEFELLER, KOWSKI) was added as a cosponsor of S. At the request of Mr. RUBIO, the the name of the Senator from Ohio 2060, a bill to provide for the payment name of the Senator from Missouri (Mr. BROWN) was added as a cosponsor of a benefit to members eligible for (Mr. BLUNT) was added as a cosponsor of S. 996, a bill to amend the Internal participation in the Post-Deployment/ of S. 2371, a bill to amend the National Revenue Code of 1986 to extend the new Mobilization Respite Absence program Labor Relations Act to permit employ- markets tax credit through 2016, and for days of nonparticipation due to ers to pay higher wages to their em- for other purposes. Government error. ployees. S. 1244 S. 2134 S. 3078 At the request of Mr. INOUYE, the At the request of Mr. BLUMENTHAL, At the request of Mr. PORTMAN, the name of the Senator from Arizona (Mr. the name of the Senator from Maine names of the Senator from Louisiana MCCAIN) was added as a cosponsor of S. (Ms. SNOWE) was added as a cosponsor (Ms. LANDRIEU), the Senator from Ten- 1244, a bill to provide for preferential of S. 2134, a bill to amend title 10, nessee (Mr. CORKER), the Senator from duty treatment to certain apparel arti- United States Code, to provide for cer- North Dakota (Mr. HOEVEN), the Sen- cles of the Philippines. tain requirements relating to the re- ator from Mississippi (Mr. COCHRAN), S. 1301 tirement, adoption, care, and recogni- the Senator from Arkansas (Mr. BOOZ- At the request of Ms. AYOTTE, her tion of military working dogs, and for MAN) and the Senator from Kansas (Mr. name was added as a cosponsor of S. other purposes. ROBERTS) were added as cosponsors of 1301, a bill to authorize appropriations S. 2148 S. 3078, a bill to direct the Secretary of for fiscal years 2012 through 2015 for the At the request of Mr. INHOFE, the the Interior to install in the area of the Trafficking Victims Protection Act of name of the Senator from South Caro- World War II Memorial in the District

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.014 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3840 CONGRESSIONAL RECORD — SENATE June 7, 2012 of Columbia a suitable plaque or an in- the Sea Memorial Monument to honor S. 3271. A bill to provide all Medicare scription with the words that President the members of the Armed Forces who beneficiaries with the right to guaran- Franklin D. Roosevelt prayed with the have served as divers and whose service teed issue of a Medicare supplemental United States on June 6, 1944, the in defense of the United States has policy; to the Committee on Finance. morning of D-Day. been carried out beneath the waters of Mr. KERRY. Mr. President, approxi- At the request of Mr. JOHANNS, his the world. mately one in five Medicare bene- name was added as a cosponsor of S. S. RES. 402 ficiaries—or 9 million people—purchase 3078, supra. At the request of Mr. COONS, the a Medigap supplemental insurance pol- icy to protect against high out-of-pock- S. 3203 name of the Senator from Colorado et costs and to make health care costs At the request of Mr. LAUTENBERG, (Mr. BENNET) was added as a cosponsor more predictable. Current law includes the name of the Senator from Mary- of S. Res. 402, a resolution condemning a ‘guaranteed issue right’ to Medigap land (Mr. CARDIN) was added as a co- Joseph Kony and the Lord’s Resistance for beneficiaries age 65 or older, which sponsor of S. 3203, a bill to amend title Army for committing crimes against means they cannot be denied Medigap humanity and mass atrocities, and sup- 10, United States Code, to limit in- coverage or charged a higher Medigap porting ongoing efforts by the United creases in the certain costs of health premium because of their medical con- States Government and governments care services under the health care pro- dition. grams of the Department of Defense, in central Africa to remove Joseph Unfortunately, current law discrimi- and for other purposes. Kony and Lord’s Resistance Army com- nates against Medicare beneficiaries S. 3204 manders from the battlefield. with disabilities who are under age 65, At the request of Mr. JOHANNS, the AMENDMENT NO. 2156 as well as beneficiaries with kidney name of the Senator from Oregon (Mr. At the request of Mrs. GILLIBRAND, failure, End Stage Renal Disease or MERKLEY) was added as a cosponsor of the names of the Senator from Massa- ‘‘ESRD’’ by denying them the same S. 3204, a bill to address fee disclosure chusetts (Mr. BROWN), the Senator right that seniors have to guaranteed requirements under the Electronic from Connecticut (Mr. BLUMENTHAL) issuance of Medigap policies. This ex- Fund Transfer Act, and for other pur- and the Senator from Rhode Island poses individuals with disabilities and poses. (Mr. WHITEHOUSE) were added as co- kidney failure to substantial out-of- S. 3221 sponsors of amendment No. 2156 in- pocket costs and poses a significant tended to be proposed to S. 3240, an At the request of Mr. RUBIO, the barrier to health care services. In the name of the Senator from Missouri original bill to reauthorize agricultural absence of equal opportunity and ac- programs through 2017, and for other (Mr. BLUNT) was added as a cosponsor cess to Medigap policies at the Federal of S. 3221, a bill to amend the National purposes. level, 29 States have enacted guaran- Labor Relations Act to permit employ- AMENDMENT NO. 2163 teed issue rights to disabled and ESRD ers to pay higher wages to their em- At the request of Mr. MCCAIN, the beneficiaries. ployees. name of the Senator from New Hamp- Individuals with kidney failure are shire (Ms. AYOTTE) was added as a co- subject to an additional discriminatory S. 3237 sponsor of amendment No. 2163 in- provision in federal law that prohibits At the request of Mr. WHITEHOUSE, tended to be proposed to S. 3240, an Medicare ESRD beneficiaries from the name of the Senator from Cali- original bill to reauthorize agricultural joining Medicare Advantage plans. fornia (Mrs. BOXER) was added as a co- programs through 2017, and for other They are the only group of Medicare sponsor of S. 3237, a bill to provide for purposes. beneficiaries currently denied the same the establishment of a Commission to AMENDMENT NO. 2165 Medicare choices as other Medicare Accelerate the End of Breast Cancer. At the request of Mr. JOHANNS, his beneficiaries. S. 3248 name was added as a cosponsor of Today I am introducing the Equal At the request of Mr. ENZI, the names amendment No. 2165 intended to be pro- Access to Medicare Options Act, a bill of the Senator from Ohio (Mr. posed to S. 3240, an original bill to re- that improves coverage options to PORTMAN) and the Senator from New authorize agricultural programs Medicare beneficiaries. My legislation York (Mrs. GILLIBRAND) were added as through 2017, and for other purposes. would eliminate discriminatory treat- ment in the supplemental insurance cosponsors of S. 3248, a bill to designate At the request of Mr. BARRASSO, the the North American bison as the na- name of the Senator from Kentucky market, bring more financial stability to Medicare beneficiaries with disabil- tional mammal of the United States. (Mr. MCCONNELL) was added as a co- S. 3270 sponsor of amendment No. 2165 in- ities and ESRD with high out-of-pocket health care costs, and reduce reliance At the request of Mr. WYDEN, the tended to be proposed to S. 3240, supra. on Medicaid as the payer of last resort. names of the Senator from Connecticut AMENDMENT NO. 2187 Specifically, it would extend guaran- (Mr. BLUMENTHAL) and the Senator At the request of Mr. KERRY, the from Nevada (Mr. HELLER) were added teed issue of Medigap policies to all names of the Senator from Alaska (Ms. Medicare beneficiaries, including bene- as cosponsors of S. 3270, a bill to amend MURKOWSKI) and the Senator from Mas- title 38, United States Code, to require ficiaries with disabilities and ESRD. It sachusetts (Mr. BROWN) were added as would ensure equal access to supple- the Secretary of Veterans Affairs to cosponsors of amendment No. 2187 in- consider the resources of individuals mental insurance for all Medicare tended to be proposed to S. 3240, an beneficiaries, regardless of age, dis- applying for pension that were recently original bill to reauthorize agricultural disposed of by the individuals for less ability or ESRD status. programs through 2017, and for other Additionally, my legislation recog- than fair market value when deter- purposes. nizes that Medicare beneficiaries need mining the eligibility of such individ- AMENDMENT NO. 2188 flexibility to adjust their coverage as uals for such pension, and for other At the request of Mr. KERRY, the changes to their plans are made. It purposes. names of the Senator from Alaska (Ms. would give guaranteed issue rights to At the request of Mr. NELSON of Flor- MURKOWSKI) and the Senator from Mas- Medicare Advantage enrollees if they ida, his name was added as a cosponsor sachusetts (Mr. BROWN) were added as decide to switch to traditional Medi- of S. 3270, supra. cosponsors of amendment No. 2188 in- care during an enrollment period. S. CON. RES. 46 tended to be proposed to S. 3240, an Today, if a Medicare Advantage en- At the request of Mr. WEBB, the name original bill to reauthorize agricultural rollee learns of premium increases or of the Senator from Florida (Mr. NEL- programs through 2017, and for other benefit reduction in their plan, they SON) was added as a cosponsor of S. purposes. have the option of returning to tradi- Con. Res. 46, a concurrent resolution f tional Medicare but they have no as- expressing the sense of Congress that surance they can buy Medigap coverage an appropriate site at the former Navy STATEMENTS ON INTRODUCED if they do so. Dive School at the Washington Navy BILLS AND JOINT RESOLUTIONS The Equal Access to Medicare Op- Yard should be provided for the Man in By Mr. KERRY: tions Act would provide guaranteed

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.016 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3841 issue to dual-eligibles who lose their Yet there is today an obstacle stand- In my view, the better strategy, the Medicaid coverage and find themselves ing in the way of a truly comprehen- better approach is the bipartisan one in traditional Medicare without the sive strategy that at least both parties that takes our colleagues at their word cost protections of Medicaid and with- say they want. It is a provision in our and says we intend to stop picking win- out supplemental coverage options. Fi- Federal Tax Code that has its ners and losers and, instead, embrace nally, this legislation would—for the metaphoric thumb on the scale, tipping an all-of-the-above energy strategy. first time—give beneficiaries with end- the balance in favor of traditional fos- Senator MORAN and I have chosen this stage renal disease the option of enroll- sil fuels. That is why I am so glad I option and believe that rather than ing in Medicare Advantage plans. have been able to work with my col- eliminating MLPs, bringing everything I would like to thank the nearly 50 league and friend Senator MORAN of together and making renewables on the organizations who have been integral Kansas to today introduce bipartisan same level playing field with fossil to the development of the Equal Access legislation that will level the playing fuels has a better promise for the fu- to Medicare Options Act and who have field and bring parity to one piece of ture of the American energy economy. endorsed it today, including the Cali- Federal tax policy relating to energy. This is a relatively straightforward fornia Health Advocates, Center for Investors in oil, natural gas, coal, proposal. Our bill, the Master Limited Medicare Advocacy, Dialysis Patient and pipelines have for nearly 30 years Partnerships Parity Act, will bring Citizens, Fresenius Medical Care, Medi- been able to form publicly traded enti- new fairness to the Tax Code in this care Rights Center, and the National ties called master limited partnerships, specific area. It recognizes revenue Kidney Foundation. or MLPs. These partnerships include a from projects that sell electricity or The Affordable Care Act prohibits passthrough tax structure that avoids fuels produced from clean energy double taxation and leaves more cash discrimination based on health status sources as qualifying MLPs. available to distribute to investors. in the private health insurance mar- This change will encourage invest- They have for investors the liquidity ket, beginning in 2014. It is incon- ment in domestic energy resources, and and the return that is commonly asso- sistent and unconscionable for federal could bring substantial new private ciated with equity and the tax advan- capital off the sidelines to finance re- law to allow insurers to discriminate tage that is associated with partner- newable projects ranging from wind based on health status in the Medigap ships, and they have been able to ag- and solar to geothermal and cellulosic market. All individuals, regardless of gregate and deploy a significant their health status, deserve the same amount of private capital in the tradi- ethanol, just at a time when we so access to comprehensive and affordable tional fossil fuel marketplace, roughly badly need it. Harnessing the power of the private coverage options. $350 billion today across 100 MLPs. The reforms included in this legisla- They have access to private capital at market is essential if alternative en- tion would finally end discriminatory a lower cost, something that capital- ergy projects are to grow and create Medicare policies in Federal law and intensive alternative energy projects jobs all across America. Two experts in would ensure that all Medicare bene- in the United States badly need now energy finance, Felix Mormann and ficiaries regardless of their disability more than ever. Dan Reicher from Stanford’s Steyer- or age have equal opportunity and ac- As a result, MLPs should be a great Taylor Center for Energy Policy and cess to affordable Medicare options. I source for raising private capital for Finance, wrote an op-ed this past week look forward to working with my col- clean energy projects as well as they in the New York Times endorsing this leagues in the Senate to achieve these have been for fossil fuel projects. The legislation. goals in the context of health care re- only problem is, under current law, They said: form. only fossil fuel-based energy projects If renewable energy is going to become can attract this type of private energy fully competitive and a significant source of By Mr. COONS (for himself, Mr. investment. That is right—we are cur- energy in the United States, then further technological innovation must be accom- MORAN, Mr. TESTER, Mr. rently in our tax policies working FRANKEN, Ms. KLOBUCHAR, Mr. panied by financial innovation so that clean against our broadly stated commit- energy sources gain access to the same low- WHITEHOUSE, and Mrs. SHA- ment as a country to an all-of-the- cost capital that traditional energy sources HEEN): above energy policy with a statute that like coal and oil and natural gas enjoy. S. 3275. A bill to amend the Internal explicitly excludes clean energy In the search for common ground on Revenue Code of 1986 to extend the pub- projects from forming these MLPs. energy policy, this kind of simple fair- licly traded partnership ownership This inequity is starving a growing ness is the sort of thing I hope we can structure to energy power generation portion of America’s domestic energy all agree on. That is why the MLP Par- projects and transportation fuels, and sector of the very capital it needs to ity Act carries the strong support of a for other purposes; to the Committee build and grow and compete. So Sen- wide range of business groups, financial on Finance. ator MORAN and I, along with other col- experts, and energy organizations. Mr. COONS. Mr. President, when it leagues, decided to fix it. We came to- David Crane is the CEO of Fortune comes to America’s energy policy, Re- gether and said it was time to level the 300 company NRG Energy. NRG has publicans and Democrats alike have playing field. generating assets across a wide range made it clear they support an all-of- Sometimes when I have the oppor- of traditional fuel sources and clean the-above energy strategy. tunity, I have gone for a run here in and alternative energy sources. Mr. As the Presiding Officer knows, serv- Washington or, even better, in my Crane said: ing on the Energy Committee along home State in Delaware. Something with me, there is broad agreement on The MLP Parity Act is a phenomenal idea. any runner can tell you is that going It’s a fairly arcane part of the tax law, but the need for a comprehensive approach up and down hills is what saps your it’s worked well and has been extremely ben- that will develop secure, homegrown, strength. When a surface is flat, you eficial to the private investment in the oil efficient energy sources for our next can go farther, you can go faster, and and gas space. The fact that it doesn’t cur- generation. it is the same with our Federal Tax rently apply to renewables is just a silly in- I believe an across-the-board policy Code. When it comes to evening things equity in our current law. that accepts the likely reality of our out, we have two choices. We can ei- We are also grateful for the support current dependence on our fossil-based ther lower everything to a common of national organizations such as the fuels going forward, as well as the vital level by eliminating MLPs—by saying American Wind Energy Association, need to develop and deploy new, prom- this tax advantage shouldn’t be given the Solar Energy Industries Associa- ising, clean energy fuels of the future, to its traditional beneficiaries in gas tion, the American Council on Renew- is essential. Such a policy will provide and oil and coal, or we can raise the able Energy, and many others, and certainty to our markets, opportuni- level of opportunity and attract great- thank them for their hard work in pro- ties to our families and companies and er investment by broadening the fields moting this commonsense energy fu- communities, and ensure that we are that can take advantage of MLPs to in- ture for our country. not—as some would say—picking win- clude wind and solar, biomass, geo- I also wish to specifically thank Dr. ners and losers in the energy space. thermal, cellulosic, biodiesel. Chris Avery and Franz Wuerfmanns-

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While an average of 15 per- such resource or property; or the transpor- bringing this to our attention and pro- tation or storage of any fuel described in cent of TVC’s federally appropriated ducing one of the first policy papers on subsection (b), (c), (d), or (e) of section 6426; funds went to the Centers, 22 percent of how master limited partnerships can be or the production for sale by the taxpayer, TVC’s fiscal year 2007 Federal appro- a great financing vehicle for clean en- the transportation, or the storage of any re- priation dollars were spent on its top ergy. newable fuel described in section 211(o)(1)(J) two executives’ compensation packages I have no doubt there is significant of the Clean Air Act (42 U.S.C. alone. Moreover, the organization mis- growing opportunity worldwide in al- 7545(o)(1)(J)),’’. erably failed to fundraise—which was ternative fuels. There is a clean energy (b) EFFECTIVE DATE.—The amendment required by law in order for it to be- made by this section shall take effect on the future coming. The only question is date of the enactment of this Act, in taxable come self-sufficient—and during fiscal whether American workers, American years ending after such date. years 2005 through 2007, TVC leaders communities, and American companies spent $2.50 for every $1.00 they raised will benefit from this, or will simply be By Ms. SNOWE (for herself, Mr. through the organization’s fundraising bystanders and watch our competitors KERRY, and Mr. COBURN): efforts—almost entirely at the tax- pass us by. I think if we are going to S. 3281. A bill to terminate the Fed- payers’ expense. Additionally, through lead, we have to work together. The eral authorization of the National Vet- broad decision-making powers granted private sector can and will provide the erans Business Development Corpora- to TVC’s executive committee under financing and the researchers to de- tion; to the Committee on Small Busi- the organization’s bylaws, the com- velop critical innovations and deploy ness and Entrepreneurship. mittee approved a number of measures them, but the Federal Government— Ms. SNOWE. Mr. President, I rise without proper approval or ratification the Congress in particular—must set a today to introduce legislation to cease from the full Board, including $40,000 in realistic and positive policy pathway federal involvement in the National employee bonuses in 1 year alone. to sustain these innovations and let Veterans Business Development Cor- Since the issuing of the Small Busi- the market work to its fullest poten- poration. ness Committee’s report, Congress has tial. The Master Limited Partnerships This bipartisan bill would cease, once appropriated no further funding for Parity Act moves us toward that goal. and for all, Federal involvement in the TVC, and the Small Business Adminis- By leveling the playing field for fair National Veterans Business Develop- tration, SBA, has incorporated the competition, this market-driven solu- ment Corporation, also known as The Veteran Business Resource Centers, tion could provide vital and needed Veterans Corporation or simply TVC. VBRCs, that TVC previously funded support for the kind of comprehensive Let me begin by thanking the bill’s co- into its existing network of Veteran energy strategy we need to power our sponsors, former Small Business Com- Business Outreach Centers, VBOCs. country for generations to come. mittee Chair KERRY and Senator These moves were publically supported Some of us who will support this bill COBURN. Senator COBURN, as most in by a variety of veteran service organi- also support things such as the ITC, this body will recognize, is a true lead- zations, including the American Legion the PTC, and other clean energy fi- er in efforts to streamline the Federal and the Veterans of Foreign Wars, nancing vehicles. Others may not. On Government. Recently he spoke with VFW. For instance, in August of 2008, the specific question of master limited us about ideas for Federal entities or the American Legion passed a resolu- partnerships, the bill we introduced programs that could be eliminated and tion at its national convention, Resolu- today simply allows us to come to- we readily provided TVC as an example tion No. 223, stating that the Legion gether in a bipartisan way to open it of an entity that we had already identi- ‘‘. . . no longer support[s] the con- up to all energy sources, and to build a fied that the Federal Government tinuing initiatives or existence of the sustainable energy financing future on should sever its ties with. national Veterans Business Develop- this planet. I want to say at the outset that an ment Corporation.’’ Once again, I want to thank my co- amendment, with identical text as our At present, TVC is still federally sponsor, Senator MORAN. I look for- legislation, passed the Senate by a vote chartered. At the same time, it re- ward to working with all of my col- of 99–0 in May of 2011, but the bill it ceives no Federal funds, has no Depart- leagues, on the Energy Committee and was attached to did not pass. We are ment or Agency oversight. In light of throughout the Senate and the House, introducing this repeal as a standalone everything I have discussed, it is my to move forward this important legisla- bill because TVC has been ineffective belief that the Federal government tion. and controversial since its inception as must take the next step and fully sever Mr. President, I ask unanimous con- part of the Veterans Entrepreneurship all ties with the organization. I ask my sent that the text of the bill be printed and Small Business Development Act, colleagues to support this bipartisan in the RECORD. P.L. 106–50 in 1999. In December of 2008, bill. There being no objection, the text of former Small Business Committee Mr. President, I ask unanimous con- the bill was ordered to be printed in Chairman KERRY and I investigated sent that the text of the bill be printed the RECORD, as follows: TVC, and issued a report detailing the in the RECORD. S. 3275 organization’s blatant mismanagement There being no objection, the text of Be it enacted by the Senate and House of and wasting of taxpayers’ dollars. the bill was ordered to be printed in Representatives of the United States of America The report found, among other the RECORD, as follows: in Congress assembled, things, that TVC failed to support Vet- S. 3281 SECTION 1. SHORT TITLE. eran Business Resource Centers; had Be it enacted by the Senate and House of Rep- This Act may be cited as the ‘‘Master Lim- wasteful programs; lacked outcomes- resentatives of the United States of America in ited Partnerships Parity Act’’. based measurements; provided its em- Congress assembled, SEC. 2. EXTENSION OF PUBLICLY TRADED PART- ployees with unacceptably high execu- SECTION 1. NATIONAL VETERANS BUSINESS DE- NERSHIP OWNERSHIP STRUCTURE VELOPMENT CORPORATION. TO ENERGY POWER GENERATION tive compensation; engaged in dubious (a) IN GENERAL.—The Small Business Act PROJECTS AND TRANSPORTATION expenditures, and failed to properly (15 U.S.C. 631 et seq.) is amended by striking FUELS. fundraise. section 33 (15 U.S.C. 657c). (a) IN GENERAL.—Subparagraph (E) of sec- For instance, our report concluded (b) CORPORATION.—On and after the date of tion 7704(d)(1) of the Internal Revenue Code that TVC had spent only 15 percent of enactment of this Act, the National Vet- of 1986 is amended by striking ‘‘, industrial the Federal funding that it had re- erans Business Development Corporation and source carbon dioxide,’’ and all that follows ceived on veterans business resource any successor thereto may not represent and inserting ‘‘or of any industrial source centers, which TVC was required to es- that the corporation is federally chartered or carbon dioxide; or the generation, storage, or in any other manner authorized by the Fed- transmission to the electrical grid of electric tablish and maintain under law. In fis- eral Government. power exclusively utilizing any resource de- cal year 2008, the percentage dropped to (c) TECHNICAL AND CONFORMING AMEND- scribed in section 45(c)(1) or energy property about 9 percent. We also found that MENTS.—

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(1) SMALL BUSINESS ACT.—The Small Busi- Whereas it is estimated that at least 30,000 Whereas President George W. Bush said of ness Act (15 U.S.C. 631 et seq.), as amended people have been killed in PKK-associated Turkey, ‘‘[Turkey’s] success is vital to a fu- by this section, is amended— violence since 1984; ture of progress and peace in Europe and in (A) by redesignating sections 34 through 45 Whereas the United States Government the broader Middle East—and the Republic of as sections 33 through 44, respectively; designated the PKK as a Foreign Terrorist Turkey can depend on the support and (B) in section 9(k)(1)(D) (15 U.S.C. Organization in 1997, as a Specially Des- friendship of the United States’’; and 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and ignated Global Terrorist in 2001, and a Sig- Whereas President Obama said of Turkey, inserting ‘‘section 33(d)’’; nificant Foreign Narcotics Trafficker in 2008; ‘‘Turkey is a critical ally. Turkey is an im- (C) in section 33 (15 U.S.C. 657d), as so re- Whereas, in 2010 and 2011, the Department portant part of Europe. And Turkey and the designated— of the Treasury designated the top leaders of United States must stand together, and work (i) by striking ‘‘section 35’’ each place it the PKK/Kongra-Gel as Significant Foreign together, to overcome the challenges of our appears and inserting ‘‘section 34’’; Narcotics Traffickers, including the head of time’’: Now, therefore, be it (ii) in subsection (a)— the PKK/Kongra-Gel Murat Karayilan and Resolved, That the Senate— (I) in paragraph (2), by striking ‘‘section senior leaders Ali Riza Altun and Zubayir (1) condemns the continued campaign of 35(c)(2)(B)’’ and inserting ‘‘section Aydar; terrorism by the Kurdistan Workers’ Party (PKK) and expresses solidarity with the vic- 34(c)(2)(B)’’; Whereas, in 2004, the Council of the Euro- tims of PKK violence; (II) in paragraph (4), by striking ‘‘section pean Union added the PKK to its list of ter- (2) reaffirms that the PKK is a common 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and rorist organizations; enemy of the United States and Turkey, and (III) in paragraph (5), by striking ‘‘section Whereas President George W. Bush in Oc- 35(c)’’ and inserting ‘‘section 34(c)’’; and all responsible countries and governments in tober 2007 characterized the PKK as a ‘‘com- the world; (iii) in subsection (h)(2), by striking ‘‘sec- mon enemy’’ of the United States and Tur- tion 35(d)’’ and inserting ‘‘section 34(d)’’; (3) urges the PKK to lay down its arms, re- key, saying of the PKK, ‘‘It’s an enemy to nounce violence, and pursue peaceful dia- (D) in section 34 (15 U.S.C. 657e), as so re- Turkey, it’s an enemy to Iraq, it’s an enemy designated— logue with the Government of Turkey; to people who want to live in peace.’’; (4) commends the historic steps taken by (i) by striking ‘‘section 34’’ each place it Whereas President Barack Obama in April appears and inserting ‘‘section 33’’; and the Government of Turkey to address the 2009 stated that, ‘‘Iraq, Turkey, and the sources of grievance and alienation that (ii) in subsection (c)(1), by striking section United States face a common threat from ‘‘34(c)(1)(E)(ii)’’ and inserting section have been exploited by the PKK to justify terrorism. . . And that includes the PKK’’; acts of terrorism; ‘‘33(c)(1)(E)(ii)’’; Whereas the Government of Turkey, under (E) in section 36(d) (15 U.S.C. 657i(d)), as so (5) welcomes efforts by the United States Prime Minister Recep Tayyip Erdogan, has Government to support the Government of redesignated, by striking ‘‘section 43’’ and begun to take historic steps to resolve inserting ‘‘section 42’’; Turkey in developing and implementing a sources of grievance among Kurds in Turkey comprehensive strategy to eliminate the (F) in section 39(d) (15 U.S.C. 657l(d)), as so that are exploited by the PKK; redesignated, by striking ‘‘section 43’’ and threat posed by the PKK; Whereas the PKK has a safe haven in the (6) encourages the United States Govern- inserting ‘‘section 42’’; and Qandil Mountains of northern Iraq where (G) in section 40(b) (15 U.S.C. 657m(b)), as ment to make available diplomatic, mili- many PKK fighters are currently based; tary, and intelligence support to the Govern- so redesignated, by striking ‘‘section 43’’ and Whereas the Government of Turkey has inserting ‘‘section 42’’. ment of Turkey so that it can apprehend or been developing and deepening diplomatic, eliminate irreconcilable violent elements of (2) TITLE 10.—Section 1142(b)(13) of title 10, economic, and strategic ties with the United States Code, is amended by striking the PKK; Kurdistan Regional Government in northern (7) applauds the deepening economic and ‘‘and the National Veterans Business Devel- Iraq; opment Corporation’’. political ties between the Government of Whereas Prime Minister Erdogan on April Turkey and the Kurdistan Regional Govern- (3) TITLE 38.—Section 3452(h) of title 38, 20, 2012, stated, ‘‘The stance of the Turkish ment in Iraq; United States Code, is amended by striking state is clear: once [the PKK] lay down their (8) supports greater cooperation between ‘‘any of the’’ and all that follows and insert- arms, it is [our stance] to completely stop and among the relevant authorities in Tur- ing ‘‘any small business development center military operations’’; key, the United States, the Iraqi Kurdistan described in section 21 of the Small Business Whereas Masoud Barzani, President of the Region, and Iraq to end the PKK sanctuary Act (15 U.S.C. 648), insofar as such center of- Kurdistan Regional Government in northern in the Qandil Mountains of northern Iraq; fers, sponsors, or cosponsors an entrepre- Iraq, stated on April 20, 2012, ‘‘The PKK (9) urges increased intelligence and neurship course, as that term is defined in should lay down its arms. . . If the PKK goes counterterrorism cooperation among the section 3675(c)(2).’’. ahead with weapons, it will bear the con- governments of the United States, Turkey, (4) FOOD, CONSERVATION, AND ENERGY ACT sequences.’’; Germany, and other countries in Europe to OF 2008.—Section 12072(c)(2) of the Food, Con- Whereas the PKK has support networks in disrupt and eliminate PKK support networks servation, and Energy Act of 2008 (15 U.S.C. countries in Europe, which engage in illicit based in Europe, including PKK financing 636g(c)(2)) is amended by striking ‘‘section 43 and deceptive activities to facilitate PKK re- and fundraising; and of the Small Business Act, as added by this cruitment, financing, logistical support, (10) urges the European Union and govern- Act’’ and inserting ‘‘section 42 of the Small training, and propaganda, including satellite ments in Europe— Business Act (15 U.S.C. 657o)’’. television broadcasting and print media that (A) to take measures to ensure the PKK (5) VETERANS ENTREPRENEURSHIP AND support the PKK’s violent terrorist agenda; cannot use their territories for fundraising, SMALL BUSINESS DEVELOPMENT ACT OF 1999.— Whereas, according to the 2011 EU Ter- recruitment, financing, logistical support, Section 203(c)(5) of the Veterans Entrepre- rorism Situation and Trend Report, pub- training, and propaganda; and neurship and Small Business Development lished by the European Police Office (B) to ban and prevent from operating on Act of 1999 (15 U.S.C. 657b note) is amended (EUPOL), the PKK is ‘‘actively involved in their territory any media, including satellite by striking ‘‘In cooperation with the Na- money laundering, illicit drugs and human broadcasting stations, that is financed, con- tional Veterans Business Development Cor- trafficking, as well as illegal immigration trolled, or coordinated by the PKK or that poration, develop’’ and inserting ‘‘Develop’’. inside and outside the EU,’’ and fundraises in promotes the PKK’s violent terrorist agenda. f the EU ‘‘using labels like ‘donations’ and f SUBMITTED RESOLUTIONS ‘membership fees’, but are in fact extortion and illegal taxation’’; SENATE RESOLUTION 487—EX- Whereas the Europe-based satellite tele- PRESSING THE SENSE OF THE SENATE RESOLUTION 486—CON- vision channel, Roj TV, was banned from SENATE THAT THE AMBUSH broadcasting in Germany by the German In- MARKETING ADVERSELY AF- DEMNING THE PKK AND EX- terior Ministry in 2008 and, in January 2012, PRESSING SOLIDARITY WITH FECTS TEAM USA AND THE convicted by a court in Denmark for ‘‘pro- OLYMPIC AND PARALYMPIC TURKEY moting terrorism’’ as an undeclared propa- MOVEMENTS AND SHOULD NOT Mr. LIEBERMAN (for himself, Mr. ganda arm of the PKK; BE CONDONED MCCAIN, Mrs. SHAHEEN, and Mr. RUBIO) Whereas PKK-affiliated television channels submitted the following resolution; continue to operate in European countries, Mr. BEGICH (for himself, Mr. BEN- which was referred to the Committee including Sweden, Norway, and Denmark; NET, Mr. BOOZMAN, and Mr. ISAKSON) Whereas Turkey since 1952 has been a submitted the following resolution; on Foreign Relations: member of the North Atlantic Treaty Orga- S. RES. 486 which was referred to the Committee nization (NATO); on Commerce, Science, and Transpor- Whereas, since 1984, the Kurdistan Work- Whereas the armed forces of Turkey and ers’ Party (PKK), also known as the Kongra- the United States have served together as al- tation: Gel, has waged a campaign of violence and lies during the Korean War, in Kosovo, in Af- S. RES. 487 terrorism against the people and Govern- ghanistan, and in the 2011 NATO interven- Whereas the London 2012 Olympic and ment of Turkey; tion in Libya, Operation Unified Protector; Paralympic Games will occur on July 27

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.028 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3844 CONGRESSIONAL RECORD — SENATE June 7, 2012 through August 12 and August 29 through sonnel, arrived at Portsmouth Naval Ship- SA 2191. Mr. ALEXANDER submitted an September 9, respectively; yard on March 1, 2012, for 20 months of sched- amendment intended to be proposed by him Whereas more than 10,500 athletes from 204 uled maintenance; to the bill S. 3240, supra; which was ordered nations will compete in 26 Olympic sports, Whereas at 5:41 p.m. EDT on May 23, 2012, to lie on the table. while 4,200 Paralympic athletes will compete a 4-alarm fire occurred in the forward com- SA 2192. Ms. AYOTTE (for herself and Mr. in 20 sports; partment of the USS Miami; COBURN) submitted an amendment intended Whereas Team USA athletes have spent Whereas emergency response personnel, led to be proposed by her to the bill S. 3240, countless days, months, and years training by the firefighters of Portsmouth Naval supra; which was ordered to lie on the table. in hopes of earning a spot on the United Shipyard, worked for nearly 10 hours in SA 2193. Ms. AYOTTE submitted an States Olympic or Paralympic teams; tight, obstructed quarters filled with noxious amendment intended to be proposed by her Whereas the Ted Stevens Olympic and smoke and searing heat— to the bill S. 3240, supra; which was ordered Amateur Sports Act (36 U.S.C. 220501 et (1) to prevent any loss of life; to lie on the table. seq.)— (2) to bring the fire under control; and SA 2194. Ms. AYOTTE submitted an (1) made the United States Olympic Com- (3) to successfully prevent the flames from amendment intended to be proposed by her mittee the coordinating body for all Olym- reaching any nuclear material and allow the to the bill S. 3240, supra; which was ordered pic-related and Paralympic-related athletic nuclear reactor to remain unaffected and to lie on the table. activity in the United States; and stable throughout; SA 2195. Ms. AYOTTE submitted an (2) gave the United States Olympic Com- Whereas 23 fire departments and emer- amendment intended to be proposed by her mittee the exclusive right in the United gency response teams from the States of to the bill S. 3240, supra; which was ordered States to name, seals, emblems, and badges; Maine, New Hampshire, Massachusetts, and to lie on the table. Whereas Congress also authorized the Com- Connecticut provided mutual aid support SA 2196. Mr. MCCAIN submitted an amend- mittee to allow companies to use any trade- during the fire, including— ment intended to be proposed by him to the mark, symbol, insignia, or emblem of the (1) Pease Air Force Base, New Hampshire; bill S. 3240, supra; which was ordered to lie International Olympic Committee, Inter- (2) York County Hazardous Materials Re- on the table. national Paralympic Committee, the Pan sponse Team, Maine; SA 2197. Mr. MCCAIN (for himself and Ms. American Sports Organization, or the United (3) Massachusetts Port Authority Logan AYOTTE) submitted an amendment intended States Olympic Committee in furtherance of Airport Crash Team; to be proposed by him to the bill S. 3240, the United States Olympic efforts; (4) South Portland Fire Department, supra; which was ordered to lie on the table. SA 2198. Mr. MCCAIN (for himself, Mr. Whereas Team USA is significantly funded Maine; PAUL, and Ms. AYOTTE) submitted an amend- by 35 sponsors who assure that the United (5) Eliot Fire Department, Maine; ment intended to be proposed by him to the States has the best team competing for the (6) Lee Fire Department, New Hampshire; bill S. 3240, supra; which was ordered to lie nation; (7) Dover Ambulance, New Hampshire; on the table. Whereas in recent years, a number of enti- (8) Portsmouth Fire Department, New SA 2199. Mr. MCCAIN (for himself, Mr. ties have engaged in ambush marketing as a Hampshire; KERRY, Mr. COBURN, Mrs. SHAHEEN, Mr. marketing strategy, affiliating themselves (9) Hampton Fire Department, New Hamp- CRAPO, and Mr. NELSON of Florida) submitted with the Olympic and Paralympic Games shire; (10) Kittery Fire Department, Maine; an amendment intended to be proposed by without becoming sponsors of Team USA; (11) Newcastle Fire Department, New him to the bill S. 3240, supra; which was or- Whereas ambush marketing harms the Hampshire; dered to lie on the table. Olympic and Paralympic Movements, under- (12) American Medical Response Ambu- SA 2200. Mr. LEAHY submitted an amend- mines sponsorship activities, and allows lance, New Hampshire; ment intended to be proposed by him to the competing companies an unfair and uneth- (13) Hanscom Air Force Base, Massachu- bill S. 3240, supra; which was ordered to lie ical advantage over companies who are offi- setts; on the table. cially sponsoring Team USA and providing (14) Naval Submarine Base New London, SA 2201. Mrs. SHAHEEN (for herself and funding for the elite athletes of the United Connecticut; Mr. TOOMEY) submitted an amendment in- States; and (15) Rye Fire Department, New Hampshire; tended to be proposed by her to the bill S. Whereas efforts to prevent ambush mar- (16) Greenland Fire Department, New 3240, supra; which was ordered to lie on the keting have enjoyed limited success as the Hampshire; table. strategies ambush marketers use continue to (17) York Fire Department, Maine; SA 2202. Mr. BENNET (for himself and Mr. multiply: Now, therefore, be it (18) Newington Fire Department, Con- CRAPO) submitted an amendment intended to Resolved, That it is the sense of the Senate necticut; be proposed by him to the bill S. 3240, supra; that— (19) Somersworth Fire Department, New which was ordered to lie on the table. (1) ambush marketing should not be con- Hampshire; SA 2203. Mr. BENNET (for himself and Mr. doned, especially those marketing efforts (20) Rollinsford Fire Department, New CRAPO) submitted an amendment intended to that adversely affect the ability of Team Hampshire; be proposed by him to the bill S. 3240, supra; USA to attract and retain the necessary (21) South Berwick Fire Department, which was ordered to lie on the table. sponsorships to be successful at the 2012 Maine; SA 2204. Mr. LEAHY submitted an amend- Olympic and Paralympic Games in London, (22) York Ambulance, Maine; and ment intended to be proposed by him to the England; and (23) York Beach Fire Department, Maine; bill S. 3240, supra; which was ordered to lie (2) corporations in the United States and on the table. should be encouraged to cease all ambush Whereas the heroic actions of those fire- SA 2205. Ms. MURKOWSKI (for herself and marketing efforts, particularly related to fighters, emergency response personnel, and Mr. BEGICH) submitted an amendment in- the Olympic and Paralympic Movements. the USS Miami crew and shipyard fire- tended to be proposed by her to the bill S. f fighters, 7 of whom suffered minor injuries 3240, supra; which was ordered to lie on the during the fire, directly prevented catas- table. SENATE RESOLUTION 488—COM- trophe, and greatly limited the severity of SA 2206. Ms. MURKOWSKI (for herself, Mr. MENDING THE EFFORTS OF THE the fire even in the most challenging of envi- KERRY, and Mr. BROWN of Massachusetts) FIREFIGHTERS AND EMERGENCY ronments: Now, therefore, be it submitted an amendment intended to be pro- RESPONSE PERSONNEL OF Resolved, That the Senate— posed by her to the bill S. 3240, supra; which MAINE, NEW HAMPSHIRE, MAS- (1) commends the exemplary and coura- was ordered to lie on the table. geous service of all the firefighters and SA 2207. Ms. MURKOWSKI (for herself and SACHUSETTS, AND CON- Mr. BEGICH) submitted an amendment in- NECTICUT, WHO CAME TO- emergency response personnel who came to- gether to successfully contain the fire, mini- tended to be proposed by her to the bill S. GETHER TO EXTINGUISH THE mizing damage to a critical national secu- 3240, supra; which was ordered to lie on the MAY 23, 2012, FIRE AT PORTS- rity asset and ensuring no loss of life; and table. MOUTH NAVAL SHIPYARD IN (2) expresses support for the Navy and the SA 2208. Ms. MURKOWSKI (for herself and KITTERY, MAINE exceptionally skilled workforce at Ports- Mr. BEGICH) submitted an amendment in- mouth Naval Shipyard in Kittery, Maine. tended to be proposed by her to the bill S. Ms. SNOWE (for herself, Mrs. SHA- 3240, supra; which was ordered to lie on the HEEN, Mr. BLUMENTHAL, Mr. LIEBER- f table. MAN, Mr. KERRY, Mr. BROWN of Massa- AMENDMENTS SUBMITTED AND SA 2209. Ms. MURKOWSKI (for herself and chusetts, Ms. COLLINS, and Ms. AYOTTE) PROPOSED Mr. BEGICH) submitted an amendment in- submitted the following resolution; tended to be proposed by her to the bill S. SA 2190. Ms. SNOWE (for herself and Mrs. which was considered and agreed to: 3240, supra; which was ordered to lie on the GILLIBRAND) submitted an amendment in- table. S. RES. 488 tended to be proposed by her to the bill S. SA 2210. Mr. JOHANNS submitted an Whereas the USS Miami (SSN-755), a Los 3240, to reauthorize agricultural programs amendment intended to be proposed by him Angeles-class nuclear attack submarine with through 2017, and for other purposes; which to the bill S. 3240, supra; which was ordered a crew of 13 officers and 120 enlisted per- was ordered to lie on the table. to lie on the table.

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SA 2211. Mr. JOHANNS submitted an SA 2232. Mr. TESTER (for himself and Mr. (2) RELATION TO OTHER LAWS.—Except as amendment intended to be proposed by him THUNE) submitted an amendment intended to provided in section 1482, the Secretary shall to the bill S. 3240, supra; which was ordered be proposed by him to the bill S. 3240, supra; execute the amendments required by this to lie on the table. which was ordered to lie on the table. section without regard to any provision of SA 2212. Mr. JOHANNS (for himself and SA 2233. Mrs. FEINSTEIN submitted an section 8c of the Agricultural Adjustment Mr. GRASSLEY) submitted an amendment in- amendment intended to be proposed by her Act (7 U.S.C. 608c), reenacted with amend- tended to be proposed by him to the bill S. to the bill S. 3240, supra; which was ordered ments by the Agricultural Marketing Agree- 3240, supra; which was ordered to lie on the to lie on the table. ment Act of 1937, as in effect on the day be- table. SA 2234. Mr. TESTER submitted an amend- fore the date of enactment of this Act. SA 2213. Mr. HELLER submitted an ment intended to be proposed by him to the (b) USE OF END-PRODUCT PRICE FOR- amendment intended to be proposed by him bill S. 3240, supra; which was ordered to lie MULAS.—The Secretary shall eliminate the to the bill S. 3240, supra; which was ordered on the table. use of end-product price formulas for setting to lie on the table. SA 2235. Mr. WYDEN submitted an amend- prices for Class III milk. SA 2214. Mr. COBURN (for himself, Mr. ment intended to be proposed by him to the (c) ADMINISTRATIVE AUTHORITY.—In addi- UDALL of Colorado, Mr. BURR, Mr. MCCAIN, bill S. 3240, supra; which was ordered to lie tion to and notwithstanding the authority Ms. AYOTTE, and Mr. MORAN) submitted an on the table. provided under section 8d of the Agricultural amendment intended to be proposed by him SA 2236. Ms. MURKOWSKI (for herself and Adjustment Act (7 U.S.C. 608d), reenacted to the bill S. 3240, supra; which was ordered Mr. BEGICH) submitted an amendment in- with amendments by the Agricultural Mar- to lie on the table. tended to be proposed by her to the bill S. keting Agreement Act of 1937, the Secretary SA 2215. Mr. TOOMEY submitted an 3240, supra; which was ordered to lie on the may— amendment intended to be proposed by him table. (1) require handlers to report, maintain, to the bill S. 3240, supra; which was ordered SA 2237. Mr. CASEY submitted an amend- and make available all information and to lie on the table. ment intended to be proposed by him to the records that the Secretary considers nec- SA 2216. Mr. TOOMEY submitted an bill S. 3240, supra; which was ordered to lie essary for the administration of any milk amendment intended to be proposed by him on the table. marketing order; and to the bill S. 3240, supra; which was ordered SA 2238. Mr. CASEY submitted an amend- (2) adopt only such conforming amend- to lie on the table. ment intended to be proposed by him to the ments to milk marketing orders as the Sec- SA 2217. Mr. TOOMEY submitted an bill S. 3240, supra; which was ordered to lie retary determines to be necessary to imple- amendment intended to be proposed by him on the table. ment the amendments required by this sec- to the bill S. 3240, supra; which was ordered SA 2239. Mr. HARKIN submitted an amend- tion. to lie on the table. ment intended to be proposed by him to the SEC. 1482. AMENDMENT PROCESS. SA 2218. Mr. TOOMEY submitted an bill S. 3240, supra; which was ordered to lie (a) PROCESS.— amendment intended to be proposed by him on the table. (1) IN GENERAL.—Except as otherwise pro- to the bill S. 3240, supra; which was ordered SA 2240. Mr. THUNE (for himself, Mr. GRA- vided in this subsection, the amendments to to lie on the table. HAM, Mr. RUBIO, and Mr. BOOZMAN) submitted milk marketing orders required to be made SA 2219. Mr. CARDIN submitted an amend- an amendment intended to be proposed by by section 1481 shall be subject to sub- ment intended to be proposed by him to the him to the bill S. 3240, supra; which was or- sections (17) and (19) of section 8c of the Ag- bill S. 3240, supra; which was ordered to lie dered to lie on the table. ricultural Adjustment Act (7 U.S.C. 608c), re- on the table. SA 2241. Mr. NELSON of Nebraska sub- SA 2220. Mr. WYDEN (for himself and Mr. enacted with amendments by the Agricul- mitted an amendment intended to be pro- tural Marketing Agreement Act of 1937. PAUL) submitted an amendment intended to posed by him to the bill S. 3240, supra; which be proposed by him to the bill S. 3240, supra; (2) NOTICE OF FINAL DECISION ON PROPOSED was ordered to lie on the table. AMENDMENTS.—Not later than 270 days after which was ordered to lie on the table. SA 2242. Mr. NELSON of Nebraska (for SA 2221. Mr. WYDEN (for himself and Mr. the date of enactment of this Act, the Sec- himself, Mr. JOHANNS, Mr. JOHNSON of South retary shall publish in the Federal Register LUGAR) submitted an amendment intended Dakota, and Mr. MORAN) submitted an to be proposed by him to the bill S. 3240, notice of a final decision on the proposed amendment intended to be proposed by him amendments to be made to milk marketing supra; which was ordered to lie on the table. to the bill S. 3240, supra; which was ordered SA 2222. Mrs. MCCASKILL submitted an orders in order to comply with section 1481. to lie on the table. (3) PRODUCER REFERENDUM.— amendment intended to be proposed by her SA 2243. Mr. NELSON of Nebraska sub- to the bill S. 3240, supra; which was ordered (A) REFERENDUM REQUIRED.—As soon as mitted an amendment intended to be pro- practicable after publication of the final de- to lie on the table. posed by him to the bill S. 3240, supra; which SA 2223. Mrs. MCCASKILL (for herself and cision on the proposed amendments under was ordered to lie on the table. Mrs. GILLIBRAND) submitted an amendment paragraph (2), the Secretary shall conduct a SA 2244. Mr. FRANKEN submitted an intended to be proposed by her to the bill S. producer referendum regarding the final de- amendment intended to be proposed by him 3240, supra; which was ordered to lie on the cision on the proposed amendments. to the bill S. 3240, supra; which was ordered table. (B) TERMS OF REFERENDUM.— to lie on the table. SA 2224. Mr. THUNE submitted an amend- (i) IN GENERAL.—Except as provided in SA 2245. Mr. HARKIN (for himself and Mr. ment intended to be proposed by him to the clauses (ii) and (iii), the producer referendum CASEY) submitted an amendment intended to bill S. 3240, supra; which was ordered to lie shall be conducted in the manner provided be proposed by him to the bill S. 3240, supra; on the table. by section 8c(19) of the Agricultural Adjust- which was ordered to lie on the table. SA 2225. Mr. COBURN submitted an ment Act (7 U.S.C. 608c(19)), reenacted with amendment intended to be proposed by him f amendments by the Agricultural Marketing to the bill S. 3240, supra; which was ordered Agreement Act of 1937. to lie on the table. TEXT OF AMENDMENTS (ii) SINGLE REFERENDUM.—The referendum shall be a single referendum upon which ap- SA 2226. Mr. TOOMEY submitted an SA 2190. Ms. SNOWE (for herself and amendment intended to be proposed by him proval or failure of the proposed amend- Mrs. GILLIBRAND) submitted an amend- to the bill S. 3240, supra; which was ordered ments to all milk marketing orders shall de- to lie on the table. ment intended to be proposed by her to pend. SA 2227. Mr. LAUTENBERG submitted an the bill S. 3240, to reauthorize agricul- (iii) APPROVAL REQUIREMENTS.—The pro- amendment intended to be proposed by him tural programs through 2017, and for posed amendments shall require approval by to the bill S. 3240, supra; which was ordered other purposes; which was ordered to 1⁄2 of participating producers or by volume of to lie on the table. lie on the table; as follows: production (rather than 2⁄3) in order for the referendum to pass and the proposed amend- SA 2228. Ms. CANTWELL submitted an On page 115, strikes lines 12 and 13 and in- ments to take effect. amendment intended to be proposed by her sert the following: to the bill S. 3240, supra; which was ordered (C) EFFECT OF FAILURE.—If the referendum to lie on the table. PART IV—FEDERAL MILK MARKETING fails, the milk marketing orders shall re- SA 2229. Mr. BEGICH submitted an amend- ORDER REFORM main in force as in effect before the proposed ment intended to be proposed by him to the SEC. 1481. REQUIRED AMENDMENTS TO FEDERAL amendments were published. bill S. 3240, supra; which was ordered to lie MILK MARKETING ORDERS. (b) EFFECT OF COURT ORDER.—If the Sec- on the table. (a) AMENDMENTS REQUIRED.— retary is enjoined or otherwise restrained by SA 2230. Mr. BEGICH submitted an amend- (1) IN GENERAL.—The Secretary shall a court order from executing the amend- ment intended to be proposed by him to the amend each Federal milk marketing order ments to milk marketing orders required by bill S. 3240, supra; which was ordered to lie issued under section 8c of the Agricultural section 1481, the length of time for which on the table. Adjustment Act (7 U.S.C. 608c), reenacted that injunction or other restraining order is SA 2231. Mr. WARNER submitted an with amendments by the Agricultural Mar- effective shall be added to any time limita- amendment intended to be proposed by him keting Agreement Act of 1937 (in this part tion in effect under paragraph (2) or (3) of to the bill S. 3240, supra; which was ordered referred to as a ‘‘milk marketing order’’), as subsection (a), so as to extend those time to lie on the table. required by this section. limitations by a period of time equal to the

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EFFECTIVE DATE. ‘‘(B) GRANTS TO A PRODUCER.—A grantee cipient for the previous year (as determined under subparagraph (A)(i) shall use the by the Secretary)— SA 2191. Mr. ALEXANDER submitted grant— ‘‘(i) on the completion of a grant agree- an amendment intended to be proposed ‘‘(i) to develop a business plan or perform ment, in the final report of the recipient for by him to the bill S. 3240, to reauthor- a feasibility study to establish a viable mar- the grant agreement; and ize agricultural programs through 2017, keting opportunity (including through mid- ‘‘(ii) on the date that is 3 years after the and for other purposes; which was or- tier value chains) for value-added agricul- date of the submission of the final report de- dered to lie on the table; as follows: tural products; or scribed in clause (i). ‘‘(ii) to provide capital to establish alli- ‘‘(J) LIMITATIONS.— On page 596, between lines 12 and 13, insert ances or business ventures that allow the ‘‘(i) IN GENERAL.—The Secretary shall not the following: producer to better compete in domestic or provide a grant under this subsection to any ‘‘(12) OTHER FEDERAL BENEFITS.—Notwith- international markets. producer that, during the 3-year period pre- standing any other provision of law, any co- ‘‘(C) GRANTS TO AN AGRICULTURAL PRO- ceding the date of receipt of the application operative organization or other entity that DUCER GROUP, COOPERATIVE OR PRODUCER- of the producer, has submitted a final grant receives a loan or loan guarantee under this BASED BUSINESS VENTURE.—A grantee under report for another value-added agricultural subsection for a wind energy project shall be subparagraph (A)(ii) shall use the grant— producer grant. ineligible for any other Federal benefit, as- ‘‘(i) to develop a business plan for viable ‘‘(ii) NO GRANTS TO PRODUCERS OF ALCO- sistance, or incentive for the project under marketing opportunities in emerging mar- HOLIC BEVERAGES.—The Secretary shall not any other provision of law. kets for a value-added agricultural product; provide a grant under this subsection to any SA 2192. Ms. AYOTTE (for herself and or producer of an alcoholic beverage. ‘‘(ii) to develop strategies that are in- ‘‘(3) RETENTION OF RECORDS.—In carrying Mr. COBURN) submitted an amendment tended to create marketing opportunities in out the program under this subsection, the intended to be proposed by her to the emerging markets for the value-added agri- Secretary shall— bill S. 3240, to reauthorize agricultural cultural product. ‘‘(A) retain all records associated with the programs through 2017, and for other ‘‘(D) AWARD SELECTION.— program under this subsection until the date purposes; which was ordered to lie on ‘‘(i) PRIORITY.—In awarding grants under on which the Office of the Inspector General the table; as follows: this subsection, the Secretary shall give pri- of the Department determines which records Beginning on page 568, strike line 6 and all ority to projects— need to be retained so as to conduct an audit that follows through page 574, line 11, and in- ‘‘(I) carried out by an applicant that has of the program for the prior 10 years; and sert the following: not previously received a grant under this ‘‘(B) after that date, continue to retain all ‘‘(b) VALUE-ADDED AGRICULTURAL PRO- subsection; records so determined by the Office of the In- DUCER GRANTS.— ‘‘(II) carried out by an applicant that has spector General to be necessary for the ‘‘(1) DEFINITIONS.—In this subsection: not received any Federal assistance for the audit. ‘‘(A) MID-TIER VALUE CHAIN.—The term prior fiscal year; ‘‘(4) AUDIT REQUIREMENTS.— ‘mid-tier value chain’ means a local and re- ‘‘(III) that contribute to increasing oppor- ‘‘(A) IN GENERAL.—Not later than 180 days gional supply network that links inde- tunities for operators of small- and medium- after the date of enactment of the Agri- pendent producers with businesses and co- sized farms that are structured as family culture Reform, Food, and Jobs Act of 2012, operatives that market value-added agricul- farms; or the Office of the Inspector General of the De- tural products in a manner that— ‘‘(IV) at least 1⁄4 of the recipients of which partment and the Comptroller General of the ‘‘(i) targets and strengthens the profit- are beginning farmers or socially disadvan- United States shall initiate audits of the ability and competitiveness of small- and taged farmers. program under this subsection. medium-sized farms that are structured as ‘‘(ii) RANKING.—In evaluating and ranking ‘‘(B) REQUIREMENT.—Audits under this family farms; and proposals under this subsection, the Sec- paragraph shall include a determination of ‘‘(ii) obtains agreement from an eligible retary shall provide substantial weight to the percentage of entities continuing in op- agricultural producer group, farmer coopera- the priorities described in clause (i). eration 3 years after the date on which the tive, or majority-controlled producer-based ‘‘(E) AMOUNT OF GRANT.— projects of the entities under this subsection business venture that is engaged in the value ‘‘(i) IN GENERAL.—The total amount pro- were completed, beginning with grants chain on a marketing strategy. vided to a grant recipient under this sub- awarded in fiscal year 2006. ‘‘(B) PRODUCER.—The term ‘producer’ section shall not exceed $150,000. ‘‘(C) PROHIBITION ON USE OF FUNDS.— means a farmer. ‘‘(ii) MAJORITY-CONTROLLED, PRODUCER- ‘‘(i) IN GENERAL.—None of the funds made ‘‘(C) VALUE-ADDED AGRICULTURAL PROD- BASED BUSINESS VENTURES.—The total available to carry out this subsection may be UCT.—The term ‘value-added agricultural amount of all grants provided to majority- used to initiate or carry out any application product’ means any agricultural commodity controlled, producer-based business ventures or review process for any fiscal year under or product— under this subsection for a fiscal year shall this subsection prior to the completion and ‘‘(i) that— not exceed 10 percent of the amount of funds publication of audits conducted by the Office ‘‘(I) has undergone a change in physical used to make all grants for the fiscal year of the Inspector General of the Department state; under this subsection. and the Comptroller General of the United ‘‘(II) was produced in a manner that en- ‘‘(F) TERM.—The term of a grant under this States in accordance with this paragraph. hances the value of the agricultural com- paragraph shall not exceed 3 years. ‘‘(ii) LACK OF PROGRAM SUCCESS.—None of modity or product, as demonstrated through ‘‘(G) SIMPLIFIED APPLICATION.—The Sec- the funds made available to carry out this a business plan that shows the enhanced retary shall offer a simplified application subsection may be used to initiate or carry value, as determined by the Secretary; form and process for project proposals re- out any application or review process for any ‘‘(III) is physically segregated in a manner questing less than $50,000 under this sub- fiscal year under this subsection if a deter- that results in the enhancement of the value section. mination is made under subparagraph (B) of the agricultural commodity or product; or ‘‘(H) APPLICATION REQUIREMENTS.—As a that less than 60 percent of grant recipients ‘‘(IV) is aggregated and marketed as a lo- condition of the receipt of a grant under this are continuing in operation 3 years after cally produced agricultural food product; and subsection, an applicant shall disclose or date on which the projects of the grant re- ‘‘(ii) for which, as a result of the change in provide to the Secretary in the application cipients were completed. physical state or the manner in which the for the grant— ‘‘(5) WEBSITE.—Notwithstanding any other agricultural commodity or product was pro- ‘‘(i) the average adjusted gross income (as provision of law, for each fiscal year for duced, marketed, or segregated— defined in section 1001D(a) of the Food Secu- which grants are awarded under this sub- ‘‘(I) the customer base for the agricultural rity Act of 1985 (7 U.S.C. 1308–3a(a))) of the section, the Secretary shall publish in an commodity or product is expanded; and applicant; electronically searchable format and clearly

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identify on the rural development website of to perform its constitutionally required ‘‘(e) REPORTS ON TRAVEL EXPENSES OF the Department— oversight obligations; and TELEWORKERS.— ‘‘(A) the total number of grants awarded; ‘‘(B) the Department of Agriculture should ‘‘(1) DEFINITION.—In this subsection, the ‘‘(B) the total dollar amount of grants endeavor to achieve transparency, coopera- term ‘agency’ means— awarded; tion, and expediency in interactions with ‘‘(A) an Executive department, as that ‘‘(C) the amount awarded to each grantee; Members of Congress. term is defined under section 101; and ‘‘(D) the name of each grant recipient; ‘‘(B) an independent establishment, as that ‘‘(E) a description of each grant; and SA 2193. Ms. AYOTTE submitted an term is defined under section 104. ‘‘(F) beginning on the date of enactment of amendment intended to be proposed by ‘‘(2) REPORTS TO COMPTROLLER GENERAL.— the Agriculture Reform, Food, and Jobs Act her to the bill S. 3240, to reauthorize Not later than December 31, 2012, and each of 2012— agricultural programs through 2017, year thereafter, the head of each agency, and ‘‘(i) an anonymous list of the average ad- and for other purposes; which was or- the head of each part of an agency, shall sub- justed gross income (as defined in section dered to lie on the table; as follows: mit to the Comptroller General a report that 1001D(a) of the Food Security Act of 1985 (7 certifies that all travel expenses that the At the appropriate place, insert the fol- U.S.C. 1308-3a(a)) of each grant recipient; agency (or part thereof) paid for teleworking lowing: ‘‘(ii) an anonymous list of each grant re- employees during the most recent full fiscal cipient who filed final reports under para- SEC. ll. LIMITATIONS ON BONUS AUTHORITY; year accurately reflect the actual travel ex- REPORTS ON TRAVEL EXPENSES. graph (2)(I)(i), including— penses incurred by the employees while tele- (a) LIMITATIONS ON BONUS AUTHORITY FOR ‘‘(I) the average adjusted gross income dis- working.’’. EMPLOYEES UNDER INVESTIGATION.— closed on the grant application of the grant (1) IN GENERAL.—Chapter 45 of title 5, recipient; and SA 2194. Ms. AYOTTE submitted an United States Code, is amended by adding at amendment intended to be proposed by ‘‘(II) the average adjusted gross income the end the following: disclosed on the final report submitted by her to the bill S. 3240, to reauthorize ‘‘SUBCHAPTER IV—LIMITATIONS ON the grant recipient; agricultural programs through 2017, BONUS AUTHORITY ‘‘(iii) an anonymous list of each grant re- and for other purposes; which was or- cipient who reported average adjusted gross ‘‘§ 4531. Employees under investigation dered to lie on the table; as follows: income 3 years after the date of the submis- ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘adverse finding’ relating to On page 1009, after line 11, add the fol- sion of a final report under paragraph lowing: (2)(I)(ii), including— an employee of an agency means a deter- SEC. 12207. FIDUCIARY EXCLUSION UNDER ‘‘(I) the average adjusted gross income dis- mination that the conduct of the employee— ‘‘(A) violated a policy of the agency; and ERISA. closed on the grant application of the grant Section 3(21)(A) of the Employee Retire- ‘‘(B) subjects the employee to removal; recipient; ment Income and Security Act of 1974 (29 ‘‘(2) the term ‘agency’ means— ‘‘(II) the average adjusted gross income U.S.C. 1002(21)(A)) is amended by inserting ‘‘(A) an Executive department, as that disclosed on the final report submitted by ‘‘and except to the extent a person is pro- term is defined under section 101; and the grant recipient; and viding an appraisal or fairness opinion with ‘‘(B) an independent establishment, as that ‘‘(III) the average adjusted gross income respect to qualifying employer securities (as term is defined under section 104; and disclosed 3 years after the date of the sub- defined in section 407(d)(5)) included in an ‘‘(3) the term ‘bonus’ means any bonus or mission of the final report; and employee stock ownership plan (as defined in cash award, including— ‘‘(iv) the percentage of grant recipients in section 407(d)(6)),’’ after ‘‘subparagraph (B),’’. operation 3 years after the date on which the ‘‘(A) an award under this chapter; grant recipients submitted final reports, as ‘‘(B) an award under section 5384; and SA 2195. Ms. AYOTTE submitted an ‘‘(C) a retention bonus under section 5754. determined using the average adjusted gross amendment intended to be proposed by income information submitted under para- ‘‘(b) ONGOING INVESTIGATIONS.— graph (2)(I)(ii). ‘‘(1) IN GENERAL.—If an employee of an her to the bill S. 3240, to reauthorize ‘‘(6) ADJUSTED GROSS INCOME LIMITATION.— agency is the subject of an ongoing inves- agricultural programs through 2017, Notwithstanding any other provision of law, tigation by the Inspector General of the and for other purposes; which was or- a person or legal entity shall not be eligible agency that may result in the removal of the dered to lie on the table; as follows: to receive a grant under this subsection if employee, the head of the agency may deter- At the appropriate place, insert the fol- the average adjusted gross income of the per- mine to award a bonus to the employee, but lowing: may not pay a bonus to the employee. son or legal entity exceeds $1,000,000, as SEC. llll. GAO CROP INSURANCE FRAUD RE- those terms are defined in sections 1001(a) ‘‘(2) CONCLUSION OF INVESTIGATION.—At the PORT. and 1001D(a) of the Food Security Act of 1985 conclusion of an investigation described in Section 515(d) of the Federal Crop Insur- (7 U.S.C. 1308(a), 1308-3a(a)). paragraph (1) relating to an employee of an ance Act (7 U.S.C. 1515(d)) is amended by add- ‘‘(7) FUNDING.— agency to whom the head of the agency de- ing at the end the following: ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— termined during the period the investigation ‘‘(6) GAO CROP INSURANCE FRAUD REPORT.— There is authorized to be appropriated to was ongoing to award a bonus— As soon as practicable after the date of en- carry out this subsection $20,000,000 for each ‘‘(A) if the Inspector General does not actment of this paragraph, the Comptroller of fiscal years 2013 through 2017. make an adverse finding relating to the em- General of the United States shall conduct, ‘‘(B) RESERVATION OF FUNDS FOR PROJECTS ployee, the head of the agency may pay the and submit to Congress a report describing TO BENEFIT BEGINNING FARMERS, SOCIALLY bonus to the employee; and the results of, a study regarding fraudulent DISADVANTAGED FARMERS, AND MID-TIER ‘‘(B) if the Inspector General makes an ad- claims filed, and benefits provided, under VALUE CHAINS.— verse finding relating to the employee— this subtitle.’’. ‘‘(i) IN GENERAL.—The Secretary shall re- ‘‘(i) that results in the removal of the em- serve 10 percent of the amounts made avail- ployee, the head of the agency may not pay SA 2196. Mr. MCCAIN submitted an able for each fiscal year under this sub- the bonus to the employee; and amendment intended to be proposed by section to fund projects that benefit begin- ‘‘(ii) that results in an adverse action him to the bill S. 3240, to reauthorize ning farmers or socially disadvantaged farm- against the employee that is less severe than removal, the head of the agency may not pay agricultural programs through 2017, ers. and for other purposes; which was or- ‘‘(ii) MID-TIER VALUE CHAINS.—The Sec- the bonus, or award any bonus, to the em- retary shall reserve 10 percent of the ployee during the 2-year period beginning on dered to lie on the table; as follows: amounts made available for each fiscal year the date on which the Inspector General On page 38, strike line 13. under this subsection to fund applications of makes the adverse finding. eligible entities described in paragraph (2) ‘‘(3) NOTICE.—The Inspector General of an SA 2197. Mr. MCCAIN (for himself and that propose to develop mid-tier value agency shall notify the head of the agency if Ms. AYOTTE) submitted an amendment chains. the Inspector General is conducting an inves- intended to be proposed by him to the ‘‘(iii) UNOBLIGATED AMOUNTS.—Any tigation of an employee of the agency that bill S. 3240, to reauthorize agricultural amounts in the reserves for a fiscal year es- may result in the removal of the employee.’’. programs through 2017, and for other tablished under clauses (i) and (ii) that are (2) TECHNICAL AND CONFORMING AMEND- purposes; which was ordered to lie on MENT.—The table of sections for chapter 45 of not obligated by June 30 of the fiscal year the table; as follows: shall be available to the Secretary to make title 5, United States Code, is amended by grants under this subsection to eligible enti- adding at the end the following: On page 14, strike lines 3 through 9. ties in any State, as determined by the Sec- ‘‘SUBCHAPTER IV—LIMITATIONS ON BONUS SA 2198. Mr. MCCAIN (for himself, retary. AUTHORITY Mr. PAUL, and Ms. AYOTTE) submitted ‘‘(8) SENSE OF SENATE.—It is the sense of ‘‘4531. Employees under investigation.’’. the Senate that— (b) REPORTS ON TRAVEL EXPENSES.—Sec- an amendment intended to be proposed ‘‘(A) the free flow of information from Fed- tion 6506 of title 5, United States Code, is by him to the bill S. 3240, to reauthor- eral agencies is critical to enable Congress amended by adding at the end the following: ize agricultural programs through 2017,

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.037 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3848 CONGRESSIONAL RECORD — SENATE June 7, 2012 and for other purposes; which was or- (2) CONFORMING AMENDMENT.—Section of the Federal Agriculture Improvement and dered to lie on the table; as follows: 344(f)(2) of the Agricultural Adjustment Act Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is Beginning on page 68, strike line 16 and all of 1938 (7 U.S.C. 1344(f)(2)) is amended by amended— that follows through page 69, line 18, and in- striking ‘‘sugar cane for sugar, sugar beets (A) by striking subparagraph (E); and sert the following: for sugar,’’. (B) by redesignating subparagraphs (F) (c) GENERAL POWERS.— through (I) as subparagraphs (E) through (H), Subtitle C—Sugar Program Repeal (1) SECTION 32 ACTIVITIES.—Section 32 of the respectively. SEC. 1301. REPEAL OF SUGAR PROGRAM. Act of August 24, 1935 (7 U.S.C. 612c), is (6) STORAGE FACILITY LOANS.—Section Section 156 of the Federal Agriculture Im- amended in the second sentence of the first 1402(c) of the Farm Security and Rural In- provement and Reform Act of 1996 (7 U.S.C. paragraph— vestment Act of 2002 (7 U.S.C. 7971) is re- 7272) is repealed. (A) in paragraph (1), by inserting ‘‘(other pealed. SEC. 1302. ELIMINATION OF SUGAR PRICE SUP- than sugar beets and sugarcane)’’ after PORT AND PRODUCTION ADJUST- (d) TRANSITION PROVISIONS.—This section MENT PROGRAMS. ‘‘commodities’’; and and the amendments made by this section (B) in paragraph (3), by inserting ‘‘(other (a) IN GENERAL.—Notwithstanding any shall not affect the liability of any person than sugar beets and sugarcane)’’ after other provision of law— under any provision of law as in effect before ‘‘commodity’’. (1) a processor of any of the 2013 or subse- the application of this section and the (2) POWERS OF COMMODITY CREDIT CORPORA- quent crops of sugarcane or sugar beets shall amendments made by this section. not be eligible for a loan under any provision TION.—Section 5(a) of the Commodity Credit of law with respect to the crop; and Corporation Charter Act (15 U.S.C. 714c(a)) is SEC. 1303. ELIMINATION OF SUGAR TARIFF AND (2) the Secretary of Agriculture may not amended by inserting ‘‘, sugar beets, and OVER-QUOTA TARIFF RATE. sugarcane’’ after ‘‘tobacco’’. make price support available, whether in the (a) ELIMINATION OF TARIFF ON RAW CANE (3) PRICE SUPPORT FOR NONBASIC AGRICUL- form of a loan, payment, purchase, or other SUGAR.—Chapter 17 of the Harmonized Tariff TURAL COMMODITIES.—Section 201(a) of the operation, for any of the 2013 and subsequent Schedule of the United States is amended by crops of sugar beets and sugarcane by using Agricultural Act of 1949 (7 U.S.C. 1446(a)) is striking subheadings 1701.13 through the funds of the Commodity Credit Corpora- amended by striking ‘‘milk, sugar beets, and 1701.14.50 and inserting in numerical se- tion or other funds available to the Sec- sugarcane’’ and inserting ‘‘, and milk’’. retary. (4) COMMODITY CREDIT CORPORATION STOR- quence the following new subheading, with (b) TERMINATION OF MARKETING QUOTAS AGE PAYMENTS.—Section 167 of the Federal the article description for such subheading AND ALLOTMENTS.— Agriculture Improvement and Reform Act of having the same degree of indentation as the (1) IN GENERAL.—Part VII of subtitle B of 1996 (7 U.S.C. 7287) is repealed. article description for subheading 1701.13, as title III of the Agricultural Adjustment Act (5) SUSPENSION AND REPEAL OF PERMANENT in effect on the day before the date of the en- of 1938 (7 U.S.C. 1359aa et seq.) is repealed. PRICE SUPPORT AUTHORITY.—Section 171(a)(1) actment of this section:

‘‘ 1701.13.00 Cane sugar specified in subheading note 2 to this chapter ...... Free 39.85¢/kg 1701.14.00 Other cane sugar ...... Free 39.85¢/kg ’’. (b) ELIMINATION OF TARIFF ON BEET 1701.12.50 and inserting in numerical se- article description for subheading 1701.12, as SUGAR.—Chapter 17 of the Harmonized Tariff quence the following new subheading, with in effect on the day before the date of the en- Schedule of the United States is amended by the article description for such subheading actment of this section: striking subheadings 1701.12 through having the same degree of indentation as the

‘‘ 1701.12.00 Beet sugar...... Free 42.05¢/kg ’’. (c) ELIMINATION OF TARIFF ON CERTAIN RE- (1) by striking the superior text imme- the article description for such subheading FINED SUGAR.—Chapter 17 of the Harmonized diately preceding subheading 1701.91.05 and having the same degree of indentation as the Tariff Schedule of the United States is by striking subheadings 1701.91.05 through article description for subheading 1701.12.05, amended— 1701.91.30 and inserting in numerical se- as in effect on the day before the date of the quence the following new subheading, with enactment of this section:

‘‘ 1701.91.02 Containing added coloring but not containing added flavoring matter ...... Free 42.05¢/kg ’’; (2) by striking subheadings 1701.99 through the article description for such subheading in effect on the day before the date of the en- 1701.99.50 and inserting in numerical se- having the same degree of indentation as the actment of this section: quence the following new subheading, with article description for subheading 1701.99, as

‘‘ 1701.99.00 Other ...... Free 42.05¢/kg ’’; (3) by striking the superior text imme- 1702.90.20 and inserting in numerical se- having the same degree of indentation as the diately preceding subheading 1702.90.05 and quence the following new subheading, with article description for subheading 1702.60.22: by striking subheadings 1702.90.05 through the article description for such subheading

‘‘ 1702.90.02 Containing soluble non-sugar solids (excluding any foreign substances, includ- ing but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids ..... Free 42.05¢/kg ’’; and by striking subheadings 2106.90.42 through the article description for such subheading (4) by striking the superior text imme- 2106.90.46 and inserting in numerical se- having the same degree of indentation as the diately preceding subheading 2106.90.42 and quence the following new subheading, with article description for subheading 2106.90.39:

‘‘ 2106.90.40 Syrups derived from cane or beet sugar, containing added coloring but not added flavoring matter ...... Free 42.50¢/kg ’’. (d) CONFORMING AMENDMENT.—Chapter 17 (f) EFFECTIVE DATE.—The amendments submitted an amendment intended to of the Harmonized Tariff Schedule of the made by this section apply with respect to be proposed by him to the bill S. 3240, United States is amended by striking addi- goods entered, or withdrawn from warehouse to reauthorize agricultural programs tional U.S. note 5. for consumption, on or after the 15th day after the date of the enactment of this Act. through 2017, and for other purposes; (e) ADMINISTRATION OF TARIFF-RATE SEC. 1304. APPLICATION. which was ordered to lie on the table; QUOTAS.—Section 404(d)(1) of the Uruguay Except as otherwise provided in this sub- as follows: Round Agreements Act (19 U.S.C. 3601(d)(1)) title, this subtitle and the amendments made At the end, add the following: is amended— by this subtitle shall apply beginning with (1) by inserting ‘‘or’’ at the end of subpara- the 2013 crop of sugar beets and sugarcane. SEC. 12207. REPEAL OF DUPLICATIVE PROGRAM. graph (B); (a) IN GENERAL.—Effective on the date of (2) by striking ‘‘; or’’ at the end of subpara- SA 2199. Mr. MCCAIN (for himself, enactment of the Food, Conservation, and graph (C) and inserting a period; and Mr. KERRY, Mr. COBURN, Mrs. SHAHEEN, Energy Act (7 U.S.C. 8701 et seq.), section (3) by striking subparagraph (D). Mr. CRAPO, and Mr. NELSON of Florida) 11016 of that Act (Public Law 110–246; 122

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.039 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3849 Stat. 2130) and the amendments made by ment intended to be proposed by him ‘‘(1) ESTABLISHMENT.—Notwithstanding that section are repealed. to the bill S. 3240, to reauthorize agri- chapter 63 of title 31, United States Code, (b) APPLICATION.—The Agricultural Mar- cultural programs through 2017, and for each State may elect to participate in the keting Act of 1946 (7 U.S.C. 1621 et seq.) and other purposes; which was ordered to Partnership by entering into an agreement the Federal Meat Inspection Act (21 U.S.C. with the Secretary to recognize a State rural 601 et seq.) shall be applied and administered lie on the table; as follows: development council. as if section 11016 of the Food, Conservation, On page 206, line 17, strike ‘‘50 percent’’ ‘‘(2) COMPOSITION.—A State rural develop- and Energy Act (Public Law 110–246; 122 Stat. and insert ‘‘1⁄3’’. ment council shall— 2130) and the amendments made by that sec- On page 206, line 19, strike ‘‘In the case of’’ ‘‘(A) be composed of representatives of tion had not been enacted. and insert the following: Federal, State, local, and tribal govern- ‘‘(i) COST SHARE.—In the case of’’. ments, nonprofit organizations, regional or- On page 206, between lines 23 and 24 insert SA 2200. Mr. LEAHY submitted an ganizations, the private sector, and other en- the following: amendment intended to be proposed by tities committed to rural advancement; and ‘‘(ii) SOURCE OF CONTRIBUTION.—The Sec- him to the bill S. 3240, to reauthorize ‘‘(B) have a nonpartisan and nondiscrim- retary may enter into an agreement with an agricultural programs through 2017, inatory membership that— eligible entity that waives the requirements ‘‘(i) is broad and representative of the eco- and for other purposes; which was or- of subparagraph (B)(ii) for a project of spe- nomic, social, and political diversity of the dered to lie on the table; as follows: cial environmental significance.’’. On page 338, between lines 6 and 7 insert State; and the following: SA 2204. Mr. LEAHY submitted an ‘‘(ii) shall be responsible for the govern- ance and operations of the State rural devel- (c) STATE OPTION FOR CASH EQUIVALENTS amendment intended to be proposed by FOR PURCHASE OF LOCALLY PRODUCED COM- opment council. him to the bill S. 3240, to reauthorize ‘‘(3) DUTIES.—A State rural development MODITIES.—Section 203B(a) of the Emergency agricultural programs through 2017, Food Assistance Act of 1983 (7 U.S.C. 7505(a)) council shall— is amended— and for other purposes; which was or- ‘‘(A) facilitate collaboration among Fed- (1) by designating the first and second sen- dered to lie on the table; as follows: eral, State, local, and tribal governments tences as paragraphs (1) and (2), respectively; On page 652, between lines 12 and 13, insert and the private and nonprofit sectors in the and the following: planning and implementation of programs (2) by adding at the end the following: ‘‘SEC. 3707. STATE RURAL DEVELOPMENT PART- and policies that have an impact on rural ‘‘(3) STATE OPTION FOR CASH EQUIVALENTS NERSHIP. areas of the State; FOR PURCHASE OF LOCALLY PRODUCED COMMOD- ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) monitor, report, and comment on poli- ITIES.—The Secretary shall allow a State the ‘‘(1) AGENCY WITH RURAL RESPONSIBIL- cies and programs that address, or fail to ad- option of receiving a cash payment that is ITIES.—The term ‘agency with rural respon- dress, the needs of the rural areas of the equal to 15 percent of the value of the com- sibilities’ means any executive agency (as State; modities that the State would otherwise re- defined in section 105 of title 5, United States ‘‘(C) as part of the Partnership, facilitate ceive for a fiscal year under this Act, in lieu Code) that implements a Federal law, or ad- the development of strategies to reduce or of receiving the commodities, to purchase lo- ministers a program, targeted at or having a eliminate conflicting or duplicative adminis- cally produced commodities for use in ac- significant impact on rural areas. trative or regulatory requirements of Fed- cordance with this Act.’’. ‘‘(2) PARTNERSHIP.—The term ‘Partnership’ eral, State, local, and tribal governments; means the State Rural Development Part- and SA 2201. Mrs. SHAHEEN (for herself nership continued by subsection (b). ‘‘(D)(i) provide to the Secretary an annual and Mr. TOOMEY) submitted an amend- ‘‘(3) STATE RURAL DEVELOPMENT COUNCIL.— plan with goals and performance measures; ment intended to be proposed by her to The term ‘State rural development council’ and the bill S. 3240, to reauthorize agricul- means a State rural development council ‘‘(ii) submit to the Secretary an annual re- port on the progress of the State rural devel- tural programs through 2017, and for that meets the requirements of subsection (c). opment council in meeting the goals and other purposes; which was ordered to ‘‘(b) PARTNERSHIP.— measures. lie on the table; as follows: ‘‘(1) IN GENERAL.—The Secretary shall sup- ‘‘(4) FEDERAL PARTICIPATION IN STATE On page 944, after line 23, add the fol- port the State Rural Development Partner- RURAL DEVELOPMENT COUNCILS.— lowing: ship comprised of State rural development ‘‘(A) IN GENERAL.—A State Director for SEC. 11005. LIMITATION ON PAYMENT OF POR- councils. Rural Development of the Department of Ag- TION OF PREMIUM BY CORPORA- ‘‘(2) PURPOSES.—The purposes of the Part- riculture, other employees of the Depart- TION. nership are to empower and build the capac- ment, and employees of other Federal agen- Section 508(e) of the Federal Crop Insur- ity of States, regions, and rural communities cies with rural responsibilities shall fully ance Act (7 U.S.C. 1508(e)) is amended by add- to design flexible and innovative responses participate as voting members in the govern- ing at the end the following: to their rural development needs in a man- ance and operations of State rural develop- ‘‘(8) LIMITATION.— ner that maximizes collaborative public- and ment councils (including activities related ‘‘(A) IN GENERAL.—Notwithstanding any private-sector cooperation and minimizes to grants, contracts, and other agreements other provision of this title, the total regulatory redundancy. in accordance with this section) on an equal amount of premium paid by the Corporation ‘‘(3) COORDINATING PANEL.—A panel con- basis with other members of the State rural on behalf of a person or legal entity, directly sisting of representatives of State rural de- development councils. or indirectly, with respect to all policies velopment councils shall be established— ‘‘(B) CONFLICTS.—Participation by a Fed- issued to the person or legal entity under ‘‘(A) to lead and coordinate the strategic eral employee in a State rural development this title for a crop year shall be limited to operation and policies of the Partnership; council in accordance with this paragraph a maximum of $40,000. and shall not constitute a violation of section 205 ‘‘(B) RELATIONSHIP TO OTHER LAW.—To the ‘‘(B) to facilitate effective communication or 208 of title 18, United States Code. maximum extent practicable, the Corpora- among the members of the Partnership, in- ‘‘(d) ADMINISTRATIVE SUPPORT OF THE tion shall carry out this paragraph in ac- cluding the sharing of best practices. PARTNERSHIP.— cordance with section 1001 of the Food Secu- ‘‘(4) ROLE OF FEDERAL GOVERNMENT.—The ‘‘(1) DETAIL OF EMPLOYEES.— rity Act of 1985 (7 U.S.C. 1308).’’. role of the Federal Government in the Part- ‘‘(A) IN GENERAL.—In order to provide expe- rience in intergovernmental collaboration, Mr. BENNET (for himself nership may be that of a partner and SA 2202. facilitator, with Federal agencies author- the head of an agency with rural responsibil- and Mr. CRAPO) submitted an amend- ized— ities that elects to participate in the Part- ment intended to be proposed by him ‘‘(A) to cooperate with States to imple- nership may, and is encouraged to, detail to to the bill S. 3240, to reauthorize agri- ment the Partnership; the Secretary for the support of the Partner- cultural programs through 2017, and for ‘‘(B) to provide States with the technical ship 1 or more employees of the agency with other purposes; which was ordered to and administrative support necessary to plan rural responsibilities without reimburse- lie on the table; as follows: and implement tailored rural development ment for a period of up to 1 year. On page 205, line 4, insert ‘‘by eligible enti- strategies to meet local needs; ‘‘(B) CIVIL SERVICE STATUS.—The detail ties’’ after ‘‘purchase’’. ‘‘(C) to ensure that the head of each agency shall be without interruption or loss of civil On page 207, lines 10 and 11, strike ‘‘contig- with rural responsibilities directs appro- service status or privilege. uous acres’’ and insert ‘‘areas’’. priate field staff to participate fully with the ‘‘(2) ADDITIONAL SUPPORT.—The Secretary On page 208, line 24, insert ‘‘if terms of the State rural development council within the may provide for any additional support staff easement are not enforced by the holder of jurisdiction of the field staff; and to the Partnership as the Secretary deter- the easement’’ before the semicolon at the ‘‘(D) to enter into cooperative agreements mines to be necessary to carry out the duties end. with, and to provide grants and other assist- of the Partnership. ance to, State rural development councils. ‘‘(3) INTERMEDIARIES.—The Secretary may SA 2203. Mr. BENNET (for himself ‘‘(c) STATE RURAL DEVELOPMENT COUN- enter into a contract with a qualified inter- and Mr. CRAPO) submitted an amend- CILS.— mediary under which the intermediary shall

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.043 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3850 CONGRESSIONAL RECORD — SENATE June 7, 2012 be responsible for providing administrative ‘‘(I) rural water supply corporations, co- entities described in clause (i) of subpara- and technical assistance to a State rural de- operatives, or similar entities; graph (B) that propose to provide water sup- velopment council, including administering ‘‘(II) Indian tribes on Federal or State res- ply or waste disposal services to the resi- the financial assistance available to the ervations and other federally recognized In- dents of Indian reservations, rural or native State rural development council. dian tribes; villages in the State of Alaska, Native Ha- ‘‘(e) MATCHING REQUIREMENTS FOR STATE ‘‘(III) rural or native villages in the State waiian Home Lands, and those rural subdivi- RURAL DEVELOPMENT COUNCILS.— of Alaska; sions commonly referred to as colonias, that ‘‘(1) IN GENERAL.—Except as provided in ‘‘(IV) native tribal health consortiums; are characterized by substandard housing, paragraph (2), a State rural development ‘‘(V) public agencies; and inadequate roads and drainage, and a lack of council shall provide matching funds, or in- ‘‘(VI) Native Hawaiian Home Lands. adequate water or waste facilities. kind goods or services, to support the activi- ‘‘(ii) ELIGIBLE PROJECTS.—Loans and grants ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— ties of the State rural development council described in clause (i) shall be available only There are authorized to be appropriated— in an amount that is not less than 33 percent to provide the described water and waste fa- ‘‘(i) for grants under this paragraph, of the amount of Federal funds received from cilities and services to communities whose $60,000,000 for each fiscal year; a Federal agency under subsection (f)(2). residents face significant health risks, as de- ‘‘(ii) for loans under this paragraph, ‘‘(2) EXCEPTIONS TO MATCHING REQUIREMENT termined by the Secretary, due to the fact $60,000,000 for each fiscal year; and FOR CERTAIN FEDERAL FUNDS.—Paragraph (1) that a significant proportion of the residents ‘‘(iii) in addition to grants provided under shall not apply to funds, grants, funds pro- of the community do not have access to, or clause (i), for grants under this section to vided under contracts or cooperative agree- are not served by, adequate affordable— benefit Indian tribes, $20,000,000 for each fis- ments, gifts, contributions, or technical as- ‘‘(I) water supply systems; or cal year. sistance received by a State rural develop- ‘‘(II) waste disposal facilities. ‘‘(F) RELATIONSHIP TO OTHER AUTHORITY.— ment council from a Federal agency that are ‘‘(iii) MATCHING REQUIREMENTS.—For enti- Notwithstanding any other provision of law, used— ties described under subclauses (III), (IV), or the Secretary or any other Federal agency ‘‘(A) to support 1 or more specific program (V) of clause (i) to be eligible to receive a may enter into interagency agreements with or project activities; or grant for water supply systems or waste dis- Federal, State, tribal, and other entities to ‘‘(B) to reimburse the State rural develop- posal facilities, the State in which the share resources, including transferring and ment council for services provided to the project will occur shall provide 25 percent in accepting funds, equipment, or other sup- Federal agency providing the funds, grants, matching funds from non-Federal sources. plies, to carry out the activities described in funds provided under contracts or coopera- ‘‘(iv) CERTAIN AREAS TARGETED.— this section. tive agreements, gifts, contributions, or ‘‘(I) IN GENERAL.—Loans and grants under technical assistance. clause (i) shall be made only if the loan or SA 2206. Ms. MURKOWSKI (for her- grant funds will be used primarily to provide ‘‘(3) DEPARTMENT’S SHARE.—The Secretary self, Mr. KERRY, and Mr. BROWN of Mas- water or waste services, or both, to residents shall develop a plan to decrease, over time, sachusetts) submitted an amendment the share of the Department of Agriculture of a county or census area— ‘‘(aa) the per capita income of the resi- intended to be proposed by her to the of the cost of the core operations of State bill S. 3240, to reauthorize agricultural rural development councils. dents of which is not more than 70 percent of ‘‘(f) FUNDING.— the national average per capita income, as programs through 2017, and for other ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— determined by the Department of Commerce; purposes; which was ordered to lie on There is authorized to be appropriated to and the table; as follows: ‘‘(bb) the unemployment rate of the resi- carry out this section $5,000,000 for each of Beginning on page 522, strike line 15 and dents of which is not less than 125 percent of fiscal years 2013 through 2017. all that follows through page 523, line 2, and the national average unemployment rate, as ‘‘(2) FEDERAL AGENCIES.— insert the following: determined by the Bureau of Labor Statis- ‘‘(A) IN GENERAL.—Notwithstanding any (12) FARM.—The term ‘‘farm’’ means an op- tics. other provision of law limiting the ability of eration involved in— ‘‘(II) EXCEPTIONS.—Notwithstanding sub- an agency, along with other agencies, to pro- ‘‘(A) the production of an agricultural clause (I), loans and grants under clause (i) vide funds to a State rural development commodity; may also be made if the loan or grant funds council in order to carry out the purposes of ‘‘(B) ranching; this section, a Federal agency may make will be used primarily to provide water or waste services, or both, to residents of— ‘‘(C) aquaculture; or grants, gifts, or contributions to, provide ‘‘(D) in the case of chapter 2 of subtitle A, technical assistance to, or enter into con- ‘‘(aa) a rural area that was recognized as a colonia as of October 1, 1989; or commercial fishing. tracts or cooperative agreements with, a ‘‘(13) FARMER.—The term ‘farmer’ means State rural development council. ‘‘(bb) areas described under subclauses (III) and (VI) of clause (i). an individual or entity engaged primarily ‘‘(B) ASSISTANCE.—Federal agencies are en- and directly in— OANS AND GRANTS TO INDIVIDUALS.— couraged to use funds made available for pro- ‘‘(C) L ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(A) the production of an agricultural grams that have an impact on rural areas to make or guarantee loans and make grants to commodity; provide assistance to, and enter into con- individuals who reside in a community de- ‘‘(B) ranching; tracts with, a State rural development coun- scribed in subparagraph (B)(i) for the purpose ‘‘(C) aquaculture; or cil, as described in subparagraph (A). of extending water supply and waste disposal ‘‘(D) in the case of chapter 2 of subtitle A, ‘‘(3) CONTRIBUTIONS.—A State rural devel- systems, connecting the systems to the resi- commercial fishing. opment council may accept private contribu- dences of the individuals, or installing tions. plumbing and fixtures within the residences SA 2207. Ms. MURKOWSKI (for her- ‘‘(g) TERMINATION.—The authority provided of the individuals to facilitate the use of the self and Mr. BEGICH) submitted an under this section shall terminate on Sep- amendment intended to be proposed by tember 30, 2017.’’. water supply and waste disposal systems. ‘‘(ii) INTEREST.—Loans described in clause her to the bill S. 3240, to reauthorize SA 2205. Ms. MURKOWSKI (for her- (i) shall be at a rate of interest no greater agricultural programs through 2017, self and Mr. BEGICH) submitted an than the Federal Financing Bank rate on and for other purposes; which was or- amendment intended to be proposed by loans of a similar term at the time the loans dered to lie on the table; as follows: are made. her to the bill S. 3240, to reauthorize On page 1009, after line 11, add the fol- ‘‘(iii) AMORTIZATION.—The repayment of agricultural programs through 2017, loans described in clause (i) shall be amor- lowing: and for other purposes; which was or- tized over the expected life of the water sup- SEC. 12lll. REAUTHORIZATION OF DENALI dered to lie on the table; as follows: ply or waste disposal system to which the COMMISSION. Subsection (a) of the first section 310 of the Beginning on page 548, strike line 5 and all residence of the borrower will be connected. Denali Commission Act of 1998 (42 U.S.C. 3121 that follows through page 553, line 11 and in- ‘‘(iv) MANNER IN WHICH LOANS AND GRANTS note; Public Law 105–277) (relating to author- sert the following: ARE TO BE MADE.—Loans and grants to indi- ization of appropriations) is amended— ‘‘(B) LOANS AND GRANTS TO PERSONS OTHER viduals under clause (i) shall be made— (1) by striking ‘‘section 4 under this Act’’ THAN INDIVIDUALS.— ‘‘(I) directly to the individuals by the Sec- and inserting ‘‘section 304’’; and ‘‘(i) IN GENERAL.—The Secretary shall retary; or make or guarantee loans and make grants to ‘‘(II) to the individuals through the rural (2) by striking ‘‘for fiscal years 2000, 2001, provide for the conservation, development, water supply corporation, cooperative, or 2002, and 2008’’ and inserting ‘‘for each of fis- use, and control of water (including the ex- similar entity, or public agency, providing cal years 2012 through 2017.’’. tension or improvement of existing water the water supply or waste disposal services, Ms. MURKOWSKI (for her- supply systems) and the installation or im- pursuant to regulations issued by the Sec- SA 2208. provement of drainage or waste disposal fa- retary. self and Mr. BEGICH) submitted an cilities and essential community facilities, ‘‘(D) PREFERENCE.—The Secretary shall amendment intended to be proposed by including necessary related equipment, give preference in the awarding of loans and her to the bill S. 3240, to reauthorize training, and technical assistance to— grants under subparagraphs (B) and (C) to agricultural programs through 2017,

VerDate Mar 15 2010 02:10 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.045 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3851 and for other purposes; which was or- will be used primarily to provide water or is amended by adding at the end the fol- dered to lie on the table; as follows: waste services, or both, to residents of— lowing: ‘‘(aa) a rural area that was recognized as a ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- At the end of subtitle C of title VI, add the colonia as of October 1, 1989; or cept as provided in section 402(s) of the Fed- following: ‘‘(bb) areas described under subclauses (II), eral Water Pollution Control Act (33 U.S.C. SEC. 6203. LOANS UNDER SECTION 502 OF THE (III), and (VI) of clause (i). 1342(s)), the Administrator or a State may HOUSING ACT OF 1949 FOR DWELL- not require a permit under that Act for a dis- INGS WITH WATER CATCHMENT OR ‘‘(C) LOANS AND GRANTS TO INDIVIDUALS.— CISTERN SYSTEMS. ‘‘(i) IN GENERAL.—The Secretary shall charge from a point source into navigable Section 502(a) of the Housing Act of 1949 (42 make or guarantee loans and make grants to waters of— U.S.C. 1472(a)) is amended by adding at the individuals who reside in a community de- ‘‘(A) a pesticide authorized for sale, dis- end the following: scribed in subparagraph (B)(i) for the purpose tribution, or use under this Act; or ‘‘(4) The Secretary may not deny an appli- of extending water supply and waste disposal ‘‘(B) the residue of such a pesticide that re- cation for a loan under this section solely on systems, connecting the systems to the resi- sults from the application of the pesticide.’’. (c) DISCHARGES OF PESTICIDES.—Section 402 the basis that the application relates to a dences of the individuals, or installing plumbing and fixtures within the residences of the Federal Water Pollution Control Act dwelling with a water catchment or cistern (33 U.S.C. 1342) is amended by adding at the system.’’. of the individuals to facilitate the use of the water supply and waste disposal systems. end the following: ‘‘(s) DISCHARGES OF PESTICIDES.— ‘‘(ii) INTEREST.—Loans described in clause SA 2209. Ms. MURKOWSKI (for her- ‘‘(1) NO PERMIT REQUIREMENT.—Except as (i) shall be at a rate of interest no greater self and Mr. BEGICH) submitted an provided in paragraph (2), a permit shall not than the Federal Financing Bank rate on amendment intended to be proposed by be required by the Administrator or a State loans of a similar term at the time the loans under this Act for a discharge from a point her to the bill S. 3240, to reauthorize are made. source into navigable waters of— agricultural programs through 2017, ‘‘(iii) AMORTIZATION.—The repayment of ‘‘(A) a pesticide authorized for sale, dis- and for other purposes; which was or- loans described in clause (i) shall be amor- tribution, or use under the Federal Insecti- tized over the expected life of the water sup- dered to lie on the table; as follows: cide, Fungicide, and Rodenticide Act (7 ply or waste disposal system to which the Beginning on page 548, strike line 5 and all U.S.C. 136 et seq.); or residence of the borrower will be connected. that follows through page 553, line 11 and in- ‘‘(B) the residue of such a pesticide that re- sert the following: ‘‘(iv) MANNER IN WHICH LOANS AND GRANTS sults from the application of the pesticide. ARE TO BE MADE.—Loans and grants to indi- ‘‘(B) LOANS AND GRANTS TO PERSONS OTHER ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not THAN INDIVIDUALS.— viduals under clause (i) shall be made— apply to the following discharges of a pes- ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(I) directly to the individuals by the Sec- ticide or pesticide residue: make or guarantee loans and make grants to retary; or ‘‘(A) A discharge resulting from the appli- provide for the conservation, development, ‘‘(II) to the individuals through the rural cation of a pesticide in violation of a provi- use, and control of water (including the ex- water supply corporation, cooperative, or sion of the Federal Insecticide, Fungicide, tension or improvement of existing water similar entity, or public agency, providing and Rodenticide Act (7 U.S.C. 136 et seq.) supply systems) and the installation or im- the water supply or waste disposal services, that is relevant to protecting water quality, provement of drainage or waste disposal fa- pursuant to regulations issued by the Sec- if— cilities and essential community facilities, retary. ‘‘(i) the discharge would not have occurred including necessary related equipment, ‘‘(D) PREFERENCE.—The Secretary shall but for the violation; or training, and technical assistance to— give preference in the awarding of loans and ‘‘(ii) the amount of pesticide or pesticide ‘‘(I) rural water supply corporations, co- grants under subparagraphs (B) and (C) to residue in the discharge is greater than operatives, or similar entities; entities described in clause (i) of subpara- would have occurred without the violation. ‘‘(II) Indian tribes on Federal or State res- graph (B) that propose to provide water sup- ‘‘(B) Stormwater discharges subject to reg- ervations and other federally recognized In- ply or waste disposal services to the resi- ulation under subsection (p). dian tribes; dents of Indian reservations, rural or native ‘‘(C) Manufacturing or industrial effluent. ‘‘(III) rural or native villages in the State villages in the State of Alaska, Native Ha- ‘‘(D) Treatment works effluent. of Alaska; waiian Home Lands, and those rural subdivi- ‘‘(E) Discharges incidental to the normal ‘‘(IV) native tribal health consortiums; sions commonly referred to as colonias, that operation of a vessel, including a discharge ‘‘(V) public agencies; and are characterized by substandard housing, resulting from ballasting operations or ves- ‘‘(VI) Native Hawaiian Home Lands. inadequate roads and drainage, and a lack of sel biofouling prevention.’’. ‘‘(ii) ELIGIBLE PROJECTS.—Loans and grants adequate water or waste facilities. described in clause (i) shall be available only ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— SA 2211. Mr. JOHANNS submitted an to provide the described water and waste fa- There are authorized to be appropriated— amendment intended to be proposed by cilities and services to communities whose ‘‘(i) for grants under this paragraph, him to the bill S. 3240, to reauthorize residents face significant health risks, as de- $60,000,000 for each fiscal year; agricultural programs through 2017, termined by the Secretary, due to the fact ‘‘(ii) for loans under this paragraph, and for other purposes; which was or- that a significant proportion of the residents $60,000,000 for each fiscal year; and dered to lie on the table; as follows: of the community do not have access to, or ‘‘(iii) in addition to grants provided under clause (i), for grants under this section to On page 334, after line 22, insert the fol- are not served by, adequate affordable— lowing: ‘‘(I) water supply systems; or benefit Indian tribes, $20,000,000 for each fis- SEC. 4010. EMPLOYMENT AND TRAINING. ‘‘(II) waste disposal facilities. cal year. ‘‘(F) RELATIONSHIP TO OTHER AUTHORITY.— (a) ADMINISTRATIVE COSTS.—Section 16(a) ‘‘(iii) MATCHING REQUIREMENTS.—For enti- of the Food and Nutrition Act of 2008 (7 ties described under subclauses (III), (IV), or Notwithstanding any other provision of law, the Secretary or any other Federal agency U.S.C. 2025(a)) is amended in the matter pre- (V) of clause (i) to be eligible to receive a ceding paragraph (1), by inserting ‘‘(other grant for water supply systems or waste dis- may enter into interagency agreements with Federal, State, tribal, and other entities to than a program carried out under section posal facilities, the State in which the 6(d)(4) or 20)’’ after ‘‘supplemental nutrition share resources, including transferring and project will occur shall provide 25 percent in assistance program’’ the first place it ap- accepting funds, equipment, or other sup- matching funds from non-Federal sources. pears. plies, to carry out the activities described in ‘‘(iv) CERTAIN AREAS TARGETED.— (b) FUNDING OF EMPLOYMENT AND TRAINING this section. ‘‘(I) IN GENERAL.—Loans and grants under PROGRAMS.— clause (i) shall be made only if the loan or Mr. JOHANNS submitted an (1) IN GENERAL.—Section 16(h) of the Food grant funds will be used primarily to provide SA 2210. and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is water or waste services, or both, to residents amendment intended to be proposed by amended— of a county or census area— him to the bill S. 3240, to reauthorize (A) in paragraph (1)— ‘‘(aa) the per capita income of the resi- agricultural programs through 2017, (i) in subparagraph (A), by striking dents of which is not more than 70 percent of and for other purposes; which was or- ‘‘$90,000,000’’ and inserting ‘‘$187,000,000’’; and the national average per capita income, as dered to lie on the table; as follows: (ii) in subparagraph (E)(i), by striking determined by the Department of Commerce; On page 1009, after line 11, add insert the ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’; and following: (B) by striking paragraphs (2) and (3); and ‘‘(bb) the unemployment rate of the resi- SEC. 122lll. USE AND DISCHARGE OF PES- (C) by redesignating paragraphs (4) and (5) dents of which is not less than 125 percent of TICIDES. as paragraphs (2) and (3), respectively. the national average unemployment rate, as (a) SHORT TITLE.—This section may be (2) CONFORMING AMENDMENTS.— determined by the Bureau of Labor Statis- cited as the ‘‘Reducing Regulatory Burdens (A) Section 17(b)(1)(B)(iv)(III)(hh) of the tics. Act of 2012’’. Food and Nutrition Act of 2008 (7 U.S.C. ‘‘(II) EXCEPTIONS.—Notwithstanding sub- (b) USE OF AUTHORIZED PESTICIDES.—Sec- 2026(b)(1)(B)(iv)(III)(hh)) is amended by strik- clause (I), loans and grants under clause (i) tion 3(f) of the Federal Insecticide, Fun- ing ‘‘, (g), (h)(2), or (h)(3)’’ and inserting ‘‘or may also be made if the loan or grant funds gicide, and Rodenticide Act (7 U.S.C. 136a(f)) (g)’’.

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(c) WORKFARE.—Section 20 of the Food and amendment intended to be proposed by Nutrition Act of 2008 (7 U.S.C. 2029) is amend- him to the bill S. 3240, to reauthorize Mr. TOOMEY submitted an ed by striking subsection (g). agricultural programs through 2017, SA 2216. amendment intended to be proposed by and for other purposes; which was or- Mr. JOHANNS (for himself him to the bill S. 3240, to reauthorize SA 2212. dered to lie on the table; as follows: and Mr. GRASSLEY) submitted an agricultural programs through 2017, amendment intended to be proposed by At the appropriate place, insert the fol- and for other purposes; which was or- lowing: him to the bill S. 3240, to reauthorize dered to lie on the table; as follows: SEC. ll. PROHIBITION OF PARTICIPATION BY agricultural programs through 2017, MEMBERS OF CONGRESS IN AGRI- Beginning on page 969, strike line 1, and all and for other purposes; which was or- CULTURAL PROGRAMS. that follows through page 970, line 5. dered to lie on the table; as follows: No Member of Congress, spouse of a Mem- On page 1009, after line 11, add the fol- ber of Congress, or immediate family mem- SA 2217. Mr. TOOMEY submitted an lowing: ber of a Member of Congress shall partici- amendment intended to be proposed by pate in a program authorized under this Act SEC. 122lll. FARM DUST REGULATION PRE- him to the bill S. 3240, to reauthorize or an amendment made by this Act. VENTION. agricultural programs through 2017, (a) SHORT TITLE.—This section may be SA 2214. Mr. COBURN (for himself, and for other purposes; which was or- cited as the ‘‘Farm Dust Regulation Preven- dered to lie on the table; as follows: tion Act of 2012’’. Mr. UDALL of Colorado, Mr. BURR, Mr. (b) NUISANCE DUST.—Part A of title I of the MCCAIN, Ms. AYOTTE, and Mr. MORAN) Beginning on page 980, strike line 13, and Clean Air Act (42 U.S.C. 7401 et seq.) is submitted an amendment intended to all that follows through page 983, line 20. amended by adding at the end the following: be proposed by him to the bill S. 3240, ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRI- to reauthorize agricultural programs SA 2218. Mr. TOOMEY submitted an MARILY BY STATE, TRIBAL, AND through 2017, and for other purposes; amendment intended to be proposed by LOCAL GOVERNMENTS. which was ordered to lie on the table; him to the bill S. 3240, to reauthorize ‘‘(a) DEFINITION OF NUISANCE DUST.— as follows: agricultural programs through 2017, ‘‘(1) IN GENERAL.—In this section, the term At the appropriate place, insert the fol- and for other purposes; which was or- ‘nuisance dust’ means particulate matter dered to lie on the table; as follows: that— lowing: ‘‘(A) is generated primarily from natural SEC. lll. PROHIBITING USE OF PRESIDENTIAL Beginning on page 736, strike line 6, and all sources, unpaved roads, agricultural activi- ELECTION CAMPAIGN FUNDS FOR that follows through page 738, line 18. ties, earth moving, or other activities typi- PARTY CONVENTIONS. cally conducted in rural areas; (a) IN GENERAL.— SA 2219. Mr. CARDIN submitted an ‘‘(B) consists primarily of soil, other nat- (1) IN GENERAL.—Chapter 95 of the Internal amendment intended to be proposed by ural or biological materials, or any combina- Revenue Code of 1986 is amended by striking him to the bill S. 3240, to reauthorize section 9008. tion of soil or other natural or biological ma- agricultural programs through 2017, (2) CLERICAL AMENDMENT.—The table of terials; and for other purposes; which was or- ‘‘(C) is not emitted directly into the ambi- sections of chapter 95 of such Code is amend- ent air from combustion, such as exhaust ed by striking the item relating to section dered to lie on the table; as follows: from combustion engines and emissions from 9008. On page 271, between lines 4 and 5, insert stationary combustion processes; and (b) CONFORMING AMENDMENTS.— the following: ‘‘(D) is not comprised of residuals from the (1) AVAILABILITY OF PAYMENTS TO CAN- SEC. 2609. HIGHLY ERODIBLE LAND AND WET- combustion of coal. DIDATES.—The third sentence of section LAND CONSERVATION FOR CROP IN- ‘‘(2) EXCLUSIONS.—The term ‘nuisance dust’ 9006(c) of the Internal Revenue Code of 1986 is SURANCE. does not include radioactive particulate amended by striking ‘‘, section 9008(b)(3),’’. (a) HIGHLY ERODIBLE LAND PROGRAM INELI- matter produced from uranium mining or (2) REPORTS BY FEDERAL ELECTION COMMIS- GIBILITY.— processing. SION.—Section 9009(a) of such Code is amend- (1) IN GENERAL.—Section 1211(a)(1) of the ‘‘(b) APPLICABILITY.—Except as provided in ed— Food Security Act of 1985 (16 U.S.C. subsection (c), any reference in this Act to (A) by adding ‘‘and’’ at the end of para- 3811(a)(1)) is amended— particulate matter dos not include nuisance graph (2); (A) in subparagraph (C), by striking ‘‘or’’ dust. (B) by striking the semicolon at the end of at the end; ‘‘(c) EXCEPTION.—Subsection (b) does not paragraph (3) and inserting a period; and (B) in subparagraph (D), by adding ‘‘or’’ at apply to any geographical area in which nui- (C) by striking paragraphs (4), (5), and (6). the end; and sance dust is not regulated under State, trib- (3) PENALTIES.—Section 9012 of such Code is (C) by adding at the end the following: al, or local law if the Administrator, in con- amended— ‘‘(E) any portion of premium paid by the sultation with the Secretary of Agriculture, (A) in subsection (a)(1), by striking the sec- Federal Crop Insurance Corporation for a finds that— ond sentence; and plan or policy of insurance under the Federal ‘‘(1) nuisance dust (or any subcategory of (B) in subsection (c), by striking paragraph Crop Insurance Act (7 U.S.C. 1501 et seq.);’’. nuisance dust) causes substantial adverse (2) and redesignating paragraph (3) as para- (2) EXEMPTIONS.—Section 1212(a)(2) of the public health and welfare effects at ambient graph (2). Food Security Act of 1985 (16 U.S.C. concentrations; and (4) AVAILABILITY OF PAYMENTS FROM PRESI- 3812(a)(2)) is amended— ‘‘(2) the benefits of applying standards and DENTIAL PRIMARY MATCHING PAYMENT AC- (A) in the first sentence, by striking ‘‘(2) other requirements of this Act to nuisance COUNT.—The second sentence of section If,’’ and inserting the following: dust (or any subcategory of nuisance dust) 9037(a) of such Code is amended by striking ‘‘(2) ELIGIBILITY BASED ON COMPLIANCE WITH outweigh the costs (including local and re- ‘‘and for payments under section 9008(b)(3)’’. CONSERVATION PLAN.— gional economic and employment impacts) (c) RETURN OF PREVIOUSLY SUBMITTED ‘‘(A) IN GENERAL.—If,’’; of applying those standards and other re- MONEY FOR DEFICIT REDUCTION.—Any (B) in the second sentence, by striking ‘‘In quirements to nuisance dust (or any sub- amount which is returned by the national carrying’’ and inserting the following: category of nuisance dust).’’. committee of a major party or a minor party ‘‘(B) MINIMIZATION OF DOCUMENTATION.—In (c) SENSE OF CONGRESS.—It is the sense of to the general fund of the Treasury from an carrying’’; and Congress that the Administrator of the Envi- account established under section 9008 of the (C) by adding at the end the following: ronmental Protection Agency should imple- Internal Revenue Code of 1986 after the date ‘‘(C) CROP INSURANCE.—In the case of pay- ment an approach to excluding exceptional of the enactment of this Act shall be dedi- ments that are subject to section 1211 for the events, or events that are not reasonably cated to the sole purpose of deficit reduction. first time due to the amendment made by controllable or preventable, from determina- (d) EFFECTIVE DATE.—The amendments section 2609(a) of the Agriculture Reform, tions of whether an area is in compliance made by this section shall apply with respect Food, and Jobs Act of 2012, any person who with any national ambient air quality stand- to elections occurring after December 31, produces an agricultural commodity on the ard applicable to coarse particulate matter 2012. land that is the basis of the payments shall that— have until January 1 of the fifth year after (1) maximizes transparency and predict- SA 2215. Mr. TOOMEY submitted an the date on which the payments became sub- ability for States, tribes, and local govern- amendment intended to be proposed by ject to section 1211 to develop and comply ments; and him to the bill S. 3240, to reauthorize with an approved conservation plan.’’.

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(b) WETLAND CONSERVATION PROGRAM IN- Progress in Obesity Prevention: Solving the (aa) appointed by the Secretary to rep- ELIGIBILITY.—Section 1221(b) of the Food Se- Weight of the Nation’’, which called for the resent the Economic Research Service of the curity Act of 1985 (16 U.S.C. 3821) is amended establishment of a task force to examine evi- Department of Agriculture; and by adding at the end the following: dence on the relationship between agricul- (bb) an expert in the field of economics as ‘‘(4) Any portion of premium paid by the tural policy, the diet of the average Amer- that field relates to agricultural policy, Federal Crop Insurance Corporation for a ican, and childhood obesity; childhood nutrition, and childhood obesity. plan or policy of insurance under the Federal (6) a cooperative national effort by experts (IV) 3 members shall be appointed by the Crop Insurance Act (7 U.S.C. 1501 et seq.).’’. in agriculture, security, and health in the Secretary to represent the private agri- form of a scientifically rigorous task force is culture industry, of whom— SA 2220. Mr. WYDEN (for himself and needed; (aa) all shall be experts in the respective Mr. PAUL) submitted an amendment in- (7)(A) properly managed, the school envi- fields of the members as those fields relate tended to be proposed by him to the ronment can be instrumental in fostering to agricultural policy, childhood nutrition, bill S. 3240, to reauthorize agricultural healthful eating habits that will last a life- and childhood obesity; programs through 2017, and for other time; (bb) 1 shall be a representative of the fruit (B) unfortunately, some of the agricultural purposes; which was ordered to lie on and vegetable industry; food and nutrition policies of the United (cc) 1 shall be a representative of the grain- the table; as follows: States contribute to the obesity epidemic; growing industry; and On page 1009, after line 11, insert the fol- (C) Federal food and nutrition programs (dd) 1 shall be a representative of the ani- lowing: are woven into the fabric of the lives of chil- mal food products industry. SEC. 12207. INDUSTRIAL HEMP. dren in the United States; (V) 3 members shall be appointed by the (a) EXCLUSION OF INDUSTRIAL HEMP FROM (D) every day, millions of children buy Secretary of Defense to represent the De- DEFINITION OF MARIHUANA.—Section 102 of breakfast, lunch, and snacks in school; and partment of Defense, of whom— the Controlled Substances Act (21 U.S.C. 802) (E) funding for the supplemental nutrition (aa) all shall be experts in national secu- is amended— assistance program established under the rity as that field relates to childhood nutri- (1) in paragraph (16)— Food and Nutrition Act of 2008 (7 U.S.C. 2011 tion and childhood obesity; and (A) by striking ‘‘(16) The’’ and inserting et seq.) accounts for nearly 75 percent of the (bb) 1 shall be a current or former senior ‘‘(16)(A) The’’; and total cost of this Act; noncommissioned officer with at least 2 (B) by adding at the end the following: (8) since the enactment of the Food, Con- years of experience in the physical training ‘‘(B) The term ‘marihuana’ does not in- servation, and Energy Act of 2008 (7 U.S.C. and conditioning of new recruits. clude industrial hemp.’’; and 8701 et seq.), there has been a sea change of (VI) 2 members shall be appointed by the (2) by adding at the end the following: interest and focus on the obesity epidemic in Secretary of Defense on the nomination of ‘‘(57) The term ‘industrial hemp’ means the the United States; Mission: Readiness (or a successor entity). plant Cannabis sativa L. and any part of (9) Congress should have the very best in- (VII) 1 member shall be— such plant, whether growing or not, with a formation when making policy decisions; (aa) appointed by the Secretary of Health delta-9 tetrahydrocannabinol concentration and and Human Services on the nomination of of not more than 0.3 percent on a dry weight (10) establishment of a task force will help the Institute of Medicine of the National basis.’’. to focus on the relationship between agricul- Academy of Sciences; and (b) INDUSTRIAL HEMP DETERMINATION.—Sec- tural policies and obesity. (bb) an expert in the field of public health tion 201 of the Controlled Substances Act (21 (b) PURPOSES.—The purposes of the Task as that field relates to childhood nutrition U.S.C. 811) is amended by adding at the end Force established under this section are— and childhood obesity. the following: (1) to facilitate the next round of fact- (VIII) 1 member shall be— ‘‘(i) INDUSTRIAL HEMP DETERMINATION.—If a based solutions to the obesity epidemic; and (aa) appointed by the Secretary of Health person grows or processes Cannabis sativa L. (2) to build the foundation for evaluating and Human Services on the nomination of for purposes of making industrial hemp in and considering the very best available sci- the American Academy of Pediatrics; and accordance with State law, the Cannabis entific evidence on the relationship between (bb) an expert in the field of pediatric pub- sativa L. shall be deemed to meet the con- agriculture policies, the diet of the average lic health as that field relates to childhood centration limitation under section 102(57).’’. American, childhood nutrition, and child- nutrition and childhood obesity. hood obesity. (IX) 1 member shall be— SA 2221. Mr. WYDEN (for himself and (c) ESTABLISHMENT.— (aa) appointed by the Secretary of Health Mr. LUGAR) submitted an amendment (1) IN GENERAL.—There is established a and Human Services on the nomination of intended to be proposed by him to the task force to be known as the ‘‘Task Force to the American College of Occupational and bill S. 3240, to reauthorize agricultural Promote National Security by Reducing Environmental Medicine; and programs through 2017, and for other Childhood Obesity’’ (referred to in this sec- (bb) an expert in the field of adult public tion as the ‘‘Task Force’’). health (as that field relates to childhood nu- purposes; which was ordered to lie on (2) MEMBERSHIP.— trition and childhood obesity) that has ex- the table; as follows: (A) ELIGIBILITY.—Members of the Task pertise in leveraging employer resources to On page 361, between lines 8 and 9, insert Force shall— improve the health of the children of the em- the following: (i) have specialized training or significant ployees. SEC. 42ll. TASK FORCE TO PROMOTE NATIONAL experience in matters under the jurisdiction (X) 1 member shall be— SECURITY BY REDUCING CHILD- of the Task Force; and (aa) appointed by the Secretary of Health HOOD OBESITY. (ii) represent, at a minimum— and Human Services on the nomination of (a) FINDINGS.—Congress finds that, as of (I) national security interests; the American College of Preventive Medi- the date of enactment of this Act— (II) national agricultural interests; and cine; and (1) the obesity epidemic has reached a cri- (III) national health interests. (bb) an expert in the field of preventative sis point that threatens the national secu- (B) COMPOSITION.— medicine as that field relates to childhood rity of the United States; (i) IN GENERAL.—The Task Force shall be nutrition and childhood obesity. (2) in the past 3 decades, obesity rates have composed of 15 members, in a manner that (C) CHAIRPERSON.—The Secretary shall ap- quadrupled for children ages 6 to 11; ensures fair and balanced representation of point 1 member of the Task Force to serve as (3)(A) Department of Defense data indi- the national security, agriculture, and chairperson for the duration of the pro- cates that an alarming 75 percent of all health sectors of the United States. ceedings of the Task Force. young people in the United States ages 17 to (ii) APPOINTMENT.—As soon as practicable (D) VICE CHAIRPERSON.—The Secretary of 24 are unable to join the military; and after the date on which funds are first made Defense shall appoint 1 member of the Task (B) obesity is the leading medical reason available to carry out this section, members Force to serve as vice chairperson for the du- why applicants fail to qualify for military shall be appointed to the Task Force in ac- ration of the proceedings of the Task Force. service; cordance with the following requirements: (3) DATE OF APPOINTMENTS.—The appoint- (4) in April 2010, more than 100 of the top (I) 1 member shall be— ment of a member of the Task Force shall be retired generals, admirals, and senior mili- (aa) appointed by the Secretary to rep- made not later than 90 days after the date of tary leaders in the United States released a resent the Department of Agriculture; and enactment of this Act. report entitled ‘‘Too Fat to Fight’’, which (bb) an expert in the field of agricultural (4) TERM; VACANCIES.— urgently called on Congress to pass new policy as that field relates to childhood nu- (A) TERM.—A member shall be appointed child nutrition legislation that would— trition and childhood obesity. for the life of the Task Force. (A) get junk food out of schools; and (II) 1 member shall be— (B) VACANCIES.—A vacancy on the Task (B) support increased funding to improve (aa) appointed by the Secretary; and Force— nutritional standards and the quality of (bb) an expert in the field of nutrition as (i) shall not affect the powers of the Task meals served in schools; that field relates to agricultural policy, Force; and (5) in May 2012, the Institute of Medicine childhood nutrition, and childhood obesity. (ii) shall be filled in the same manner as released a report entitled ‘‘Accelerating (III) 1 member shall be— the original appointment was made.

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.049 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3854 CONGRESSIONAL RECORD — SENATE June 7, 2012 (5) INITIAL MEETING.—Not later than 30 manner and under the same conditions as SA 2222. Mrs. McCASKILL submitted days after the date on which all members of other agencies of the Federal Government. an amendment intended to be proposed the Task Force have been appointed, the (f) TASK FORCE PERSONNEL MATTERS.— by her to the bill S. 3240, to reauthorize Task Force shall hold the initial meeting of (1) COMPENSATION OF MEMBERS.— agricultural programs through 2017, the Task Force. (A) NON-FEDERAL EMPLOYEES.—A member and for other purposes; which was or- (6) MEETINGS.—The Task Force shall meet of the Task Force who is not an officer or at the call of the Chairperson. employee of the Federal Government shall dered to lie on the table; as follows: (7) QUORUM.—A majority of the members of be compensated at a rate equal to the daily On page 769, strike lines 12 through 16 and the Task Force shall constitute a quorum, equivalent of the annual rate of basic pay insert the following: but a lesser number of members may hold prescribed for level IV of the Executive ‘‘section; hearings. Schedule under section 5315 of title 5, United ‘‘(D) may establish additional reporting (d) DUTIES.— States Code, for each day (including travel and information requirements for any recipi- (1) IN GENERAL.—The Task Force shall time) during which the member is engaged in ent of any assistance under this section so as evaluate— the performance of the duties of the Task to ensure compliance with this section; and (A) the implications of agricultural poli- Force. ‘‘(E) with respect to an application for as- cies on the diet of the average American and (B) FEDERAL EMPLOYEES.—A member of the sistance under this section, shall— childhood obesity; and Task Force who is an officer or employee of ‘‘(i) promptly post on the website of the (B) how agricultural policy can be used to the Federal Government shall serve without Rural Utilities Service— reduce childhood obesity to promote na- compensation in addition to the compensa- ‘‘(I) an announcement that identifies— tional security. tion received for the services of the member ‘‘(aa) each applicant; and (2) REQUIREMENTS.—The Task Force shall— as an officer or employee of the Federal Gov- ‘‘(bb) the amount and type of support re- (A) evaluate the evidence on the relation- ernment. quested by each applicant; and ship between agricultural policies of the (2) TRAVEL EXPENSES.—A member of the ‘‘(II) a list of the census block groups or United States (including agricultural sub- Task Force shall be allowed travel expenses, tracts that the applicant proposes to serve; sidies and the management of commodities) including per diem in lieu of subsistence, at and and the diet of the people of the United rates authorized for an employee of an agen- ‘‘(ii) provide not less than 15 days for States, specifically the relationship between cy under subchapter I of chapter 57 of title 5, broadband service providers to voluntarily agricultural policies and childhood obesity; United States Code, while away from the submit information about the broadband (B) consider the current understanding and home or regular place of business of the services that the providers offer in the degree of implementation of using an opti- member in the performance of the duties of groups or tracts listed under clause (i)(II) so mal mix of crops and agricultural production the Task Force. that the Secretary may assess whether the methods so as to meet the most recent Die- (3) STAFF.— applications submitted meet the eligibility tary Guidelines for Americans published (A) IN GENERAL.—The Chairperson of the requirements under this section; and under section 301 of the National Nutrition Task Force may, without regard to the civil ‘‘(iii) if no broadband service provider sub- Monitoring and Related Research Act of 1990 service laws (including regulations), appoint mits information under clause (ii), consider (7 U.S.C. 5341); and terminate an executive director and the number of providers in the group or tract (C) develop recommendations for future such other additional personnel as are nec- to be established by reference to— policy options and policy-related research to essary to enable the Task Force to perform ‘‘(I) the most current National Broadband address agricultural policies that are identi- the duties of the Task Force. Map of the National Telecommunications fied as potential contributors to childhood (B) CONFIRMATION OF EXECUTIVE DIREC- and Information Administration; or obesity; TOR.—The employment of an executive direc- ‘‘(II) any other data regarding the avail- (D) develop recommendations on how agri- tor shall be subject to confirmation by the ability of broadband service that the Sec- cultural policy can be used to reduce child- Task Force. retary may collect or obtain through reason- hood obesity to promote national security; (C) COMPENSATION.— able efforts.’’. and (i) IN GENERAL.—Except as provided in (E) develop recommendations for estab- clause (ii), the Chairperson of the Task Force SA 2223. Mrs. MCCASKILL (for her- lishing a formal process by which Federal may fix the compensation of the executive self and Mrs. GILLIBRAND) submitted an food, agriculture, national security, and director and other personnel without regard amendment intended to be proposed by health officials would review and report on to the provisions of chapter 51 and sub- her to the bill S. 3240, to reauthorize the possible implications of agricultural chapter III of chapter 53 of title 5, United agricultural programs through 2017, policies of the United States for obesity pre- States Code, relating to classification of po- and for other purposes; which was or- vention, to ensure that this issue is fully sitions and General Schedule pay rates. dered to lie on the table; as follows: taken into account each and every time that (ii) MAXIMUM RATE OF PAY.—The rate of policymakers consider the Farm Bill reau- pay for the executive director and other per- On page 1009, after line 11, add the fol- thorization and other legislation affecting sonnel shall not exceed the rate payable for lowing: agricultural and nutrition policies. level V of the Executive Schedule under sec- SEC. 12207. DRIVING DISTANCE FOR PURPOSES OF PROHIBITION ON CLOSURE OR (3) REPORT.—Not later than 1 year after tion 5316 of title 5, United States Code. RELOCATION OF COUNTY OFFICES the date on which all members of the Task (4) DETAIL OF FEDERAL GOVERNMENT EM- FOR THE FARM SERVICE AGENCY. Force are appointed, the Task Force shall PLOYEES.— Section 14212(b)(1) of the Food, Conserva- submit to the Secretaries of Agriculture, De- (A) IN GENERAL.—An employee of the Fed- tion, and Energy Act of 2008 (7 U.S.C. fense, and Health and Human Services, and eral Government may be detailed to the 6932a(b)(1)) is amended by inserting ‘‘driv- to the appropriate committees of Congress, a Task Force without reimbursement. ing’’ after ‘‘20’’ each place it appears. report that contains— (B) CIVIL SERVICE STATUS.—The detail of (A) a detailed statement of the findings the employee shall be without interruption SA 2224. Mr. THUNE submitted an and conclusions of the Task Force; and or loss of civil service status or privilege. amendment intended to be proposed by (B) the recommendations of the Task (5) PROCUREMENT OF TEMPORARY AND INTER- him to the bill S. 3240, to reauthorize Force for such legislation and administra- MITTENT SERVICES.—The Chairperson of the tive actions as the Task Force considers ap- Task Force may procure temporary and agricultural programs through 2017, propriate. intermittent services in accordance with sec- and for other purposes; which was or- (e) POWERS.— tion 3109(b) of title 5, United States Code, at dered to lie on the table; as follows: (1) HEARINGS.—The Task Force may hold rates for individuals that do not exceed the At the appropriate place, insert the fol- such hearings, meet and act at such times daily equivalent of the annual rate of basic lowing: and places, take such testimony, and receive pay prescribed for level V of the Executive SEC. ll. RULE RELATING TO CHILD LABOR. such evidence as the Task Force considers Schedule under section 5316 of that title. Notwithstanding any other provision of advisable to carry out this section. (g) AUTHORIZATION OF APPROPRIATIONS.— law, the Secretary of Labor shall not pro- (2) INFORMATION FROM FEDERAL AGENCIES.— (1) IN GENERAL.—There are authorized to be mulgate any regulation, including under the (A) IN GENERAL.—The Task Force may se- appropriated such sums as are necessary to authority provided to enforce section 12 of cure directly from a Federal agency such in- carry out this section. the Fair Labor Standards Act of 1938 (29 formation (other than classified or confiden- (2) LIMITATION.—No payment may be made U.S.C. 212), that addresses child labor as it tial information) as the Task Force con- under subsection (f) except to the extent pro- relates to agriculture, without first con- siders necessary to carry out this section. vided for in advance in an appropriations sulting with and obtaining the approval of (B) PROVISION OF INFORMATION.—On request Act. the Chairman and Ranking Member of Com- of the Chairperson of the Task Force, the (h) TERMINATION OF TASK FORCE.—The mittee on Agriculture of the House of Rep- head of the agency shall provide the informa- Task Force shall terminate 90 days after the resentatives, the Chairman and Ranking tion to the Task Force. date on which the Task Force submits the Member of the Committee on Agriculture of (3) POSTAL SERVICES.—The Task Force may report of the Task Force under subsection the Senate, and the Secretary of Agri- use the United States mails in the same (d)(3). culture.

VerDate Mar 15 2010 03:13 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.049 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3855 SA 2225. Mr. COBURN submitted an SEC. 4208. PULSE CROP PRODUCTS. ‘‘SEC. 253. AGRICULTURAL RESEARCH SERVICE amendment intended to be proposed by (a) PURPOSE.—The purpose of this section FACILITIES. is to encourage greater awareness and inter- ‘‘The Agricultural Research Service shall him to the bill S. 3240, to reauthorize operate at least 1 facility in each State.’’. agricultural programs through 2017, est in the number and variety of pulse crop products available to schoolchildren, as rec- (b) CONFORMING AMENDMENT.—Section and for other purposes; which was or- ommended by the most recent Dietary 296(b) of the Department of Agriculture Re- dered to lie on the table; as follows: Guidelines for Americans published under organization Act of 1994 (7 U.S.C. 7014(b)) (as At the appropriate place, insert the fol- section 301 of the National Nutrition Moni- amended by sections 4206(b) and 12201(b)) is lowing: toring and Related Research Act of 1990 (7 amended— SEC. ll. PROHIBITION ON FEDERAL FINANCIAL U.S.C. 5341). (1) in paragraph (9), by striking ‘‘or’’ at the ASSISTANCE BY PERSONS HAVING (b) DEFINITIONS.—In this section: end; SERIOUSLY DELINQUENT TAX (1) ELIGIBLE PULSE CROP.—The term ‘‘eligi- (2) in paragraph (10), by striking the period DEBTS. ble pulse crop’’ means dry beans, dry peas, at the end and inserting ‘‘; or’’; and (a) DEFINITION OF SERIOUSLY DELINQUENT lentils, and chickpeas. (3) by adding at the end the following: TAX DEBT.—In this section: (2) PULSE CROP PRODUCT.—The term ‘‘pulse ‘‘(11) the authority of the Secretary to op- (1) IN GENERAL.—The term ‘‘seriously delin- crop product’’ means a food product derived erate facilities under section 253.’’. quent tax debt’’ means an outstanding debt in whole or in part from an eligible pulse under the Internal Revenue Code of 1986 for crop. SA 2230. Mr. BEGICH submitted an which a notice of lien has been filed in public (c) PURCHASE OF PULSE CROPS AND PULSE amendment intended to be proposed by records pursuant to section 6323 of that Code. CROP PRODUCTS.—In addition to the com- him to the bill S. 3240, to reauthorize (2) EXCLUSIONS.—The term ‘‘seriously de- modities delivered under section 6 of the agricultural programs through 2017, linquent tax debt’’ does not include— Richard B. Russell National School Lunch and for other purposes; which was or- (A) a debt that is being paid in a timely Act (42 U.S.C. 1755), the Secretary shall pur- dered to lie on the table; as follows: manner pursuant to an agreement under sec- chase eligible pulse crops and pulse crop On page 564, between lines 10 and 11, insert tion 6159 or 7122 of Internal Revenue Code of products for use in— the following: 1986; and (1) the school lunch program established ‘‘(h) GRANTS AND LOAN GUARANTEES TO (B) a debt with respect to which a collec- under the Richard B. Russell National PROVIDE HOUSING FOR EDUCATORS, PUBLIC tion due process hearing under section 6330 School Lunch Act (42 U.S.C. 1751 et seq.); and SAFETY OFFICERS, AND MEDICAL PROVIDERS.— of that Code, or relief under subsection (a), (2) the school breakfast program estab- ‘‘(1) DEFINITIONS.—In this subsection: (b), or (f) of section 6015 of that Code, is re- lished by section 4 of the Child Nutrition Act ‘‘(A) EDUCATOR.—The term ‘educator’ quested or pending. of 1966 (42 U.S.C. 1773). means an individual who— (b) PROHIBITION.—Notwithstanding any (d) EVALUATION.—Not later than Sep- ‘‘(i) is employed full-time as a teacher, other provision of this Act or an amendment tember 30, 2016, the Secretary shall conduct principal, or administrator by— made by this Act, an individual or entity an evaluation of the activities conducted ‘‘(I) a public elementary school or sec- who has a seriously delinquent tax debt shall under subsection (c), including— ondary school that provides direct services be ineligible to receive financial assistance (1) an evaluation of whether children par- to students in grades prekindergarten (including any payment, loan, grant, con- ticipating in the school lunch and breakfast through grade 12, or a Head Start program; tract, or subsidy) under this Act or an programs described in subsection (c) in- and amendment made by this Act during the creased overall consumption of eligible pulse ‘‘(II) meets the appropriate teaching cer- pendency of such seriously delinquent tax crops as a result of the activities; tification or licensure requirements of the debt. (2) an evaluation of which eligible pulse State for the position in which the indi- (c) REGULATIONS.—The Secretary of Agri- crops and pulse crop products are most ac- vidual is employed; or culture, in conjunction with the Secretary of ceptable for use in the school lunch and ‘‘(ii) is employed full-time as a librarian, a the Treasury, shall issue such regulations as breakfast programs; career guidance or counseling provider, an the Secretary considers necessary to carry (3) any recommendations of the Secretary education aide, or in another instructional out this section. regarding the integration of the use of pulse or administrative position for a public ele- crop products in carrying out the school SA 2226. Mr. TOOMEY submitted an mentary school or secondary school. lunch and breakfast programs; ‘‘(B) MEDICAL PROVIDER.—The term ‘med- amendment intended to be proposed by (4) an evaluation of any change in the nu- ical provider’ means— him to the bill S. 3240, to reauthorize trient composition in the school lunch and ‘‘(i) a licensed doctor of medicine or oste- agricultural programs through 2017, breakfast programs due to the activities; and opathy; and for other purposes; which was or- (5) an evaluation of any other outcomes de- ‘‘(ii) an American Indian, Alaska Native, termined to be appropriate by the Secretary. dered to lie on the table; as follows: or Native Hawaiian recognized as a tradi- (e) REPORT.—As soon as practicable after Beginning on page 888, strike line 5, and all tional healing practitioner; that follows through page 890, line 21. the completion of the evaluation under sub- section (d), the Secretary shall submit to the ‘‘(iii) a health care provider that— ‘‘(I) is licensed or certified under Federal SA 2227. Mr. LAUTENBERG sub- Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee or State law, as applicable; and mitted an amendment intended to be ‘‘(II) is providing services that are eligible proposed by him to the bill S. 3240, to on Education and the Workforce of the House of Representative a report describing for coverage under a plan under the Federal reauthorize agricultural programs the results of the evaluation. Employees Health Benefits Program under through 2017, and for other purposes; (f) FUNDING.— chapter 89 of title 5, United States Code; which was ordered to lie on the table; (1) IN GENERAL.—On October 1, 2012, out of ‘‘(iv) a provider authorized under section as follows: any funds in the Treasury not otherwise ap- 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l); or On page 361, between lines 8 and 9, insert propriated, the Secretary of the Treasury ‘‘(v) any other individual that the Sec- the following: shall transfer to the Secretary to carry out retary determines is capable of providing SEC. 4208. STUDY ON SUGAR-SWEETENED BEV- this section $5,000,000. ERAGES. (2) RECEIPT AND ACCEPTANCE.—The Sec- health care services. Not later than 180 days after the date of retary shall be entitled to receive, shall ac- ‘‘(C) PUBLIC SAFETY OFFICER.—The term enactment of this Act, the Secretary shall cept, and shall use to carry out this section ‘public safety officer’ means an individual submit to Congress a report that describes— the funds transferred under paragraph (1), who is employed full-time— (1) the impact of sugar-sweetened bev- without further appropriation. ‘‘(i) as a law enforcement officer by a law erages on obesity and human health in the enforcement agency of the Federal Govern- United States; and SA 2229. Mr. BEGICH submitted an ment, a State, a unit of general local govern- (2) the impact on obesity and human amendment intended to be proposed by ment, or an Indian tribe; or health of public health proposals that affect him to the bill S. 3240, to reauthorize ‘‘(ii) as a firefighter by a fire department of the Federal Government, a State, a unit of the cost and size of sugar-sweetened bev- agricultural programs through 2017, erages. general local government, or an Indian tribe. and for other purposes; which was or- ‘‘(D) QUALIFIED COMMUNITY.—The term SA 2228. Ms. CANTWELL submitted dered to lie on the table; as follows: ‘qualified community’ means any open coun- an amendment intended to be proposed At the end of subtitle D of title VII, add try, or any place, town, village, or city— by her to the bill S. 3240, to reauthorize the following: ‘‘(i) that is not part of or associated with SEC. 7409. AGRICULTURAL RESEARCH SERVICE an urban area; and agricultural programs through 2017, FACILITIES. ‘‘(ii) that— and for other purposes; which was or- (a) IN GENERAL.—Subtitle F of the Depart- ‘‘(I) has a population of not more than dered to lie on the table; as follows: ment of Agriculture Reorganization Act of 2,500; or On page 361, between lines 8 and 9, insert 1994 (7 U.S.C. 6971 et seq.) is amended by add- ‘‘(II)(aa) has a population of not more than the following: ing at the end the following: 10,000; and

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.050 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3856 CONGRESSIONAL RECORD — SENATE June 7, 2012 ‘‘(bb) is not accessible by a motor vehicle, ‘‘(II) the short- and long-term impact on guarantees and payments of interest under as defined in section 30102 of title 49, United the rate of employment in the qualified com- this subsection. States Code. munity; and ‘‘(E) QUALIFIED HOUSING.—The term ‘quali- ‘‘(G) describes how the applicant would en- SA 2231. Mr. WARNER submitted an fied housing’ means housing for educators, sure that qualified housing assisted under amendment intended to be proposed by public safety officers, or medical providers this subsection is used for educators, public him to the bill S. 3240, to reauthorize that is located in a qualified community. safety officers, and medical providers. agricultural programs through 2017, ‘‘(F) QUALIFIED PROJECT.—The term ‘quali- ‘‘(6) INPUT FROM STATE DIRECTOR OF RURAL and for other purposes; which was or- fied project’ means— DEVELOPMENT.—The State Director of Rural dered to lie on the table; as follows: ‘‘(i) the construction, modernization, ren- Development for a State may submit to the ovation, or repair of qualified housing; Secretary an evaluation of any application On page 764, strike lines 9 through 15 and ‘‘(ii) the payment of interest on bonds or for a qualified project in the State for which insert the following: ‘‘(A) IN GENERAL.—In making grants, loans, other financing instruments (excluding in- an application for assistance under this sub- or loan guarantees under paragraph (1), the struments used for refinancing) that are section is submitted and the Secretary shall Secretary shall— issued for the construction, modernization, take into consideration the evaluation in de- ‘‘(i) establish not less than 2, and not more renovation, or repair of qualified housing; termining whether to provide assistance. than 4, evaluation periods for each fiscal ‘‘(iii) the repayment of a loan used— ‘‘(7) PRIORITY.—In awarding grants and year to compare grant, loan, and loan guar- ‘‘(I) for the construction, modernization, making loan guarantees and payments of in- antee applications and to prioritize grants, renovation, or repair of qualified housing; or terest under this subsection, the Secretary loans, and loan guarantees to all or part of ‘‘(II) to purchase real property on which shall give priority to an applicant that is— rural communities that do not have residen- qualified housing will be constructed; ‘‘(A) a State educational agency or local tial broadband service that meets the min- ‘‘(iv) purchasing or leasing real property educational agency; imum acceptable level of broadband service on which qualified housing will be con- ‘‘(B) an educational service agency; established under subsection (e); structed, renovated, modernized, or repaired; ‘‘(C) a State or local housing authority; ‘‘(ii) give the highest priority to applicants or ‘‘(D) an Indian tribe or tribal organization, that offer to provide broadband service to ‘‘(v) any other activity normally associ- as those terms are defined in section 4 of the the greatest proportion of unserved rural ated with the construction, modernization, Indian Self-Determination and Education households or rural households that do not renovation, or repair of qualified housing, as Assistance Act (25 U.S.C. 450b); have residential broadband service that determined by the Secretary. ‘‘(E) a tribally designated housing entity; meets the minimum acceptable level of ‘‘(G) EDUCATIONAL SERVICE AGENCY, ELE- ‘‘(F) a local government; or broadband service established under sub- MENTARY SCHOOL, LOCAL EDUCATIONAL AGEN- ‘‘(G) a consortium of any of the entities de- section (e), as— CY, SECONDARY SCHOOL, STATE EDUCATIONAL scribed in subparagraphs (A) through (F). ‘‘(I) certified by the affected community, AGENCY.—The terms ‘educational service ‘‘(8) LIMITATION.—The Secretary may pro- city, county, or designee; or agency’, ‘elementary school’, ‘local edu- vide assistance to the same applicant under ‘‘(II) demonstrated on— cational agency’, ‘secondary school’, and only 1 of paragraphs (2), (3), and (4). ‘‘(aa) the broadband map of the affected ‘State educational agency’ have the mean- ‘‘(9) REQUIREMENT.—As a condition of eligi- State if the map contains address-level data; ings given those terms in section 9101 of the bility for a grant, loan guarantee, or pay- or Elementary and Secondary Education Act of ment of interest under this subsection, at ‘‘(bb) the National Broadband Map if ad- 1965 (20 U.S.C. 7801). least 1 named applicant shall be required to dress-level data is unavailable; and ‘‘(2) GRANTS.—The Secretary may make a maintain ownership of the qualified housing ‘‘(iii) give a higher priority to applicants grant to an applicant to carry out a qualified that is the subject of the grant, loan guar- that have not previously received grants, project. antee, or payment of interest during the loans, or loan guarantees under paragraph (1) ‘‘(3) LOAN GUARANTEES.—The Secretary greater of— and that are seeking to build out unserved may guarantee a loan made to an applicant ‘‘(A) 15 years; or areas or to upgrade rural households to the for the construction, modernization, renova- ‘‘(B) the period of the loan for which a loan minimum acceptable level of broadband serv- tion, or repair of qualified housing. guarantee or payment of interest is made ice established under subsection (e). ‘‘(4) FINANCING MECHANISMS.—The Sec- under this subsection. On page 765, line 22, strike ‘‘and’’ after the retary may make payments of interest on ‘‘(10) REPORTING.— semicolon at the end. bonds, loans, or other financial instruments ‘‘(A) BY APPLICANTS.—Not later than 2 On page 766, line 7, strike the period at the (other than financial instruments used for years after the date on which an applicant end and insert ‘‘; and’’. refinancing) that are issued to an applicant receives a grant, loan guarantee, or payment On page 766, between lines 7 and 8, insert for a qualified project. of interest under this subsection, the appli- the following: ‘‘(5) APPLICATION.—An applicant that de- cant shall submit to the Secretary a report ‘‘(v) targeted funding to provide the min- sires a grant, loan guarantee, or payment of that— imum acceptable level of broadband service interest under this subsection shall submit ‘‘(i) describes how the grant, loan guar- established under subsection (e) in all or part to the Secretary an application that— antee, or payment of interest was used; and of an unserved community that is below that ‘‘(A) indicates whether the qualified hous- ‘‘(ii) contains an estimate of the number of minimum acceptable level of broadband serv- ing for which the grant, loan guarantee, or jobs created or maintained by use of the ice. payment of interest is sought is located in a grant, loan guarantee, or payment of inter- On page 766, between lines 21 and 22, insert qualified community; est . the following: ‘‘(B) identifies the applicant; ‘‘(B) BY GAO.—Not later than 2 years after (i) by striking clause (i) and inserting the ‘‘(C) indicates whether the applicant pre- the date of enactment of this subsection, the following: fers to receive a grant, loan guarantee, or Comptroller General of the United States ‘‘(i) demonstrate the ability to furnish, im- payment of interest under this subsection; shall submit to Congress a report evaluating prove in order to meet the minimum accept- ‘‘(D) describes how the applicant would en- the program under this subsection. able level of broadband service established sure the adequate maintenance of qualified ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— under subsection (e), or extend broadband housing assisted under this subsection; ‘‘(A) IN GENERAL.—There is authorized to service to all or part of an unserved rural ‘‘(E) demonstrates a need for qualified be appropriated to the Secretary to carry area or an area below the minimum accept- housing in a qualified community, which out this subsection$50,000,0000 for fiscal year able level of broadband service established may include a deficiency of affordable hous- 2012, and each fiscal year thereafter. under subsection (e);’’; ing, a deficiency of habitable housing, or the ‘‘(B) AVAILABILITY.—Any amounts appro- On page 766, line 22, strike ‘‘(ii)’’ the first need to modernize, renovate, or repair hous- priated to carry out this subsection shall re- place it appears and insert ‘‘(iii)’’. ing; main available for obligation by the Sec- On page 766, line 25, strike ‘‘(iii)’’ the first ‘‘(F) describes the expected impact of the retary during the 3-year period beginning on place it appears and insert ‘‘(iv)’’. grant, loan guarantee, or payment of inter- the date of the appropriation. On page 767, strike lines 8 through 18 and est on— ‘‘(C) USE OF FUNDS.—Of any amounts ap- insert the following: ‘‘(i) educators, public safety officers, and propriated for a fiscal year to carry out this (B) in paragraph (2)— medical providers in a qualified community, subsection, the Secretary shall use— (i) in subparagraph (A)— including the impact on recruitment and re- ‘‘(i) not less than 50 percent to make (I) in the matter preceding clause (i)— tention of educators, public safety officers, grants under this subsection; (aa) by striking ‘‘the proceeds of a loan and medical providers; and ‘‘(ii) not more than 5 percent to carry out made or guaranteed’’ and inserting ‘‘assist- ‘‘(ii) the economy of a qualified commu- national activities under this subsection, in- ance’’; and nity, including— cluding providing technical assistance and (bb) by striking ‘‘for the loan or loan guar- ‘‘(I) any plans to use small business con- conducting outreach to qualified commu- antee’’ and inserting ‘‘of the eligible entity’’; cerns for the construction, modernization, nities; and (II) in clause (i), by striking ‘‘is offered renovation, or repair of qualified housing; ‘‘(iii) any amounts not expended in accord- broadband service by not more than 1 incum- and ance with clauses (i) and (ii) to make loan bent service provider’’ and inserting ‘‘are

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.052 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3857 unserved or have service levels below the cedures for all broadband programs adminis- On page 770, strike line 7 and insert the fol- minimum acceptable level of broadband serv- tered by the Secretary that, to the max- lowing: ice established under subsection (e)’’; and imum extent practicable— (9) by redesignating subsections (k) and (l) (III) in clause (ii), by striking ‘‘3’’ and in- ‘‘(i) recover funds from loan defaults; as subsections (l) and (m), respectively; serting ‘‘2’’; ‘‘(ii)(I) deobligate awards to grantees that (10) by inserting after subsection (j) the (ii) by striking subparagraph (B); demonstrate an insufficient level of perform- following: (iii) by redesignating subparagraph (C) as ance (including failure to meet build-out re- ‘‘(k) BROADBAND BUILDOUT DATA.— subparagraph (B); and quirements, service quality issues, or other ‘‘(1) IN GENERAL.—As a condition of receiv- (iv) in subparagraph (B) (as so redesig- metrics determined by the Secretary) or ing a grant, loan, or loan guarantee under nated)— wasteful or fraudulent spending; and this section, a recipient of assistance shall (I) in the subparagraph heading, by strik- ‘‘(II) award those funds, on a competitive provide to the Secretary address-level ing ‘‘3’’ and inserting ‘‘2’’; and basis, to new or existing applicants con- broadband buildout data that indicates the (II) in clause (i), by inserting ‘‘the min- sistent with this section; and location of new broadband service that is imum acceptable level of broadband service ‘‘(iii) consolidate and minimize overlap being provided or upgraded within the serv- established under subsection (e) in’’ after among the programs; and’’. ice territory supported by the grant, loan, or ‘‘service to’’; On page 769, between lines 16 and 17, insert loan guarantee— (C) in paragraph (3)— the following: ‘‘(A) for purposes of inclusion in the semi- (i) in subparagraph (A), by striking ‘‘loan (5) in subsection (e)— annual updates to the National Broadband or’’ and inserting ‘‘grant, loan, or’’; and (A) by redesignating paragraph (2) as para- Map that is managed by the National Tele- (ii) in subparagraph (B), by adding at the graph (3); and communications and Information Adminis- end the following: (B) by striking paragraph (1) and inserting tration (referred to in this subsection as the ‘‘(iii) INFORMATION.—Information sub- the following: ‘Administration’); and mitted under this subparagraph shall be— ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) not later than 30 days after the earlier ‘‘(I) certified by the affected community, for purposes of this section, the minimum of— city, county, or designee; and acceptable level of broadband service for a ‘‘(i) the date of completion of any project ‘‘(II) demonstrated on— rural area shall be at least— milestone established by the Secretary; or ‘‘(aa) the broadband map of the affected ‘‘(A) a 4-Mbps downstream transmission ‘‘(ii) the date of completion of the project. capacity; and State if the map contains address-level data; ‘‘(2) ADDRESS-LEVEL DATA.—Effective be- ‘‘(B) a 1-Mbps upstream transmission ca- or ginning on the date the Administration re- pacity. ‘‘(bb) the National Broadband Map if ad- ceives data described in paragraph (1), the ‘‘(2) ADJUSTMENTS.—At least once every 2 dress-level data is unavailable.’’; Administration shall use only address-level years, the Secretary shall adjust the min- (D) in paragraph (4)— broadband buildout data for the National imum acceptable level of broadband service (i) by striking ‘‘Subject to paragraph (1),’’ Broadband Map. established under paragraph (1) to ensure and inserting the following: ‘‘(3) CORRECTIONS.— that high quality, cost-effective broadband ‘‘(A) IN GENERAL.—Subject to paragraph (1) ‘‘(A) IN GENERAL.—The Secretary shall sub- service is provided to rural areas over and subparagraph (B),’’; mit to the Administration any correction to time.’’; (ii) by striking ‘‘loan or’’ and inserting On page 769, line 17, strike ‘‘(5)’’ and insert the National Broadband Map that is based on ‘‘grant, loan, or’’; and ‘‘(6)’’. the actual level of broadband coverage with- (iii) by adding at the end the following: On page 769, between lines 19 and 20, insert in the rural area, including any requests for ‘‘(B) PILOT PROGRAMS.—The Secretary may the following: a correction from an elected or economic de- carry out pilot programs in conjunction with (7) in subsection (g), by striking paragraph velopment official. interested entities described in subparagraph (2) and inserting the following: ‘‘(B) INCORPORATION.—Not later than 30 (A) (which may be in partnership with other ‘‘(2) TERMS.—In determining the term and days after the date on which the Administra- entities, as determined appropriate by the conditions of a loan or loan guarantee, the tion receives a correction submitted under Secretary) to address areas that are Secretary may— subparagraph (A), the Administration shall unserved or have service levels below the ‘‘(A) consider whether the recipient would incorporate the correction into the National minimum acceptable level of broadband serv- be serving an area that is unserved; and Broadband Map. ice established under subsection (e).’’; ‘‘(B) if the Secretary makes a determina- ‘‘(C) USE.—If the Secretary has submitted (E) in paragraph (5)— tion in the affirmative under subparagraph a correction to the Administration under (i) in the matter preceding subparagraph (A), establish a limited initial deferral period subparagraph (A), but the National (A), by striking ‘‘loan or’’ and inserting or comparable terms necessary to achieve Broadband Map has not been updated to re- ‘‘grant, loan, or’’; and the financial feasibility and long-term sus- flect the correct by the date on which the (ii) in subparagraph (C), by inserting ‘‘, and tainability of the project.’’; Secretary is making a grant or loan award proportion relative to the service territory,’’ On page 769, line 20, strike ‘‘(6)’’ and insert decision under this section, the Secretary after ‘‘estimated number’’; ‘‘(8)’’. may use the correction submitted under that (F) in paragraph (6), by striking ‘‘loan or’’ On page 769, strike lines 23 and 24 and in- subparagraph for purposes of make the grant and inserting ‘‘grant, loan, or’’; sert the following: or loan award decision.’’; On page 767, line 19, strike ‘‘(D)’’ and insert (B) in paragraph (1)— (11) in paragraph (1) of subsection (l) (as re- ‘‘(G)’’. (i) by inserting ‘‘grants and’’ after ‘‘num- designated by paragraph (9))— On page 767, line 22, strike ‘‘(E)’’ and insert ber of’’; and On page 770, strike line 12 and insert the ‘‘(H)’’. (ii) by inserting ‘‘, including any loan following: On page 768, line 6, before the semicolon, terms or conditions for which the Secretary (12) in subsection (m) (as redesignated by insert the following: ‘‘, including new equip- provided additional assistance to unserved paragraph (9))— ment and capacity enhancements that sup- areas’’ before the semicolon at the end; port high-speed broadband access for edu- On page 770, line 5, strike ‘‘and’’ SA 2232. Mr. TESTER (for himself cational institutions, health care providers, On page 770, between lines 6 and 7, insert and public safety service providers (includ- the following: and Mr. THUNE) submitted an amend- ing the estimated number of end users who (E) in paragraph (5), by striking ‘‘and’’ at ment intended to be proposed by him are currently using or forecasted to use the the end; to the bill S. 3240, to reauthorize agri- new or upgraded infrastructure)’’. (F) in paragraph (6), by striking the period cultural programs through 2017, and for On page 768, line 9, before the semicolon, at the end and inserting ‘‘; and’’; other purposes; which was ordered to insert the following: ‘‘, including— (G) by adding at the end the following: lie on the table; as follows: ‘‘(I) the number and location of residences ‘‘(7) the overall progress towards fulfilling At the end of the bill, add the following: and businesses that will receive new the goal of improving the quality of rural broadband service, existing network service life by expanding rural broadband access, as TITLE XIII—RECREATIONAL HUNTING, improvements, and facility upgrades result- demonstrated by metrics, including— FISHING, AND SHOOTING ing from the Federal assistance; ‘‘(A) the number of residences and busi- SEC. 13001. SHORT TITLE. ‘‘(II) the speed of broadband service; nesses receiving new broadband services; This title may be cited as the ‘‘Sports- ‘‘(III) the price of broadband service; ‘‘(B) network improvements, including fa- men’s Act of 2012’’. ‘‘(IV) any changes in broadband service cility upgrades and equipment purchases; Subtitle A—Hunting, Fishing, and ‘‘(C) average broadband speeds and prices adoption rates, including new subscribers Recreational Shooting generated from demand-side projects; and on a local and statewide basis; ‘‘(V) any other metrics the Secretary de- ‘‘(D) any changes in broadband adoption PART I—HUNTING AND RECREATIONAL termines to be appropriate rates; and SHOOTING On page 769, strike lines 5 through 12 and ‘‘(E) any specific activities that increased SEC. 13101. MAKING PUBLIC LAND PUBLIC. insert the following: high speed broadband access for educational (a) IN GENERAL.—Section 3 of the Land and ‘‘(C) shall, in addition to other authority institutions, health care providers. and pub- Water Conservation Fund Act of 1965 (16 under applicable law, establish written pro- lic safety service providers.’’; and U.S.C. 460l–6) is amended to read as follows:

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.052 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3858 CONGRESSIONAL RECORD — SENATE June 7, 2012 ‘‘SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN arm, including an assembled or functional SEC. 13203. DEFINITION OF PUBLIC TARGET PROJECTS. firearm, at a water resources development RANGE. ‘‘(a) IN GENERAL.—Notwithstanding any project covered under part 327 of title 36, In this part, the term ‘‘public target other provision of this Act, the Secretary of Code of Federal Regulations (as in effect on range’’ means a specific location that— the Interior and the Secretary of Agriculture the date of enactment of this Act), if— (1) is identified by a governmental agency shall ensure that, of the amounts requested (1) the individual is not otherwise prohib- for recreational shooting; for the fund for each fiscal year, not less ited by law from possessing the firearm; and (2) is open to the public; than 1.5 percent of the amounts shall be (2) the possession of the firearm is in com- (3) may be supervised; and made available for projects identified on the pliance with the law of the State in which (4) may accommodate archery or rifle, pis- priority list developed under subsection (b). the water resources development project is tol, or shotgun shooting. ‘‘(b) PRIORITY LIST.—The Secretary of the located. SEC. 13204. AMENDMENTS TO PITTMAN-ROBERT- Interior and the Secretary of Agriculture, in SEC. 13104. TRANSPORTING BOWS THROUGH NA- SON WILDLIFE RESTORATION ACT. consultation with the head of each affected TIONAL PARKS. (a) DEFINITIONS.—Section 2 of the Pittman- Federal agency, shall annually develop a pri- (a) FINDINGS.—Congress finds that— Robertson Wildlife Restoration Act (16 ority list for the sites under the jurisdiction (1) bowhunters are known worldwide as U.S.C. 669a) is amended— of the applicable Secretary. among the most skilled, ethical, and con- (1) by redesignating paragraphs (2) through ‘‘(c) CRITERIA.—Projects identified on the servation-minded of all hunters; (8) as paragraphs (3) through (9), respec- priority list developed under subsection (b) (2) bowhunting organizations at the Fed- tively; and shall secure recreational public access to eral, State, and local level contribute signifi- (2) by inserting after paragraph (1) the fol- Federal public land in existence as of the cant financial and human resources to wild- lowing: date of enactment of this section that has life conservation and youth education pro- ‘‘(2) the term ‘public target range’ means a significantly restricted access for hunting, grams throughout the United States; and specific location that— fishing, and other recreational purposes (3) bowhunting contributes $38,000,000,000 ‘‘(A) is identified by a governmental agen- through rights-of-way or acquisition of land each year to the economy of the United cy for recreational shooting; (or any interest in land) from willing sell- States. ‘‘(B) is open to the public; ers.’’. (b) POSSESSION OF BOWS IN UNITS OF NA- ‘‘(C) may be supervised; and (b) CONFORMING AMENDMENTS.— TIONAL PARK SYSTEM OR NATIONAL WILDLIFE ‘‘(D) may accommodate archery or rifle, (1) LAND AND WATER CONSERVATION FUND REFUGE SYSTEM.—Section 512(b) of the Cred- pistol, or shotgun shooting;’’. ACT.—The Land and Water Conservation it CARD Act of 2009 (16 U.S.C. 1a–7b(b)) is (b) EXPENDITURES FOR MANAGEMENT OF Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) is amended— WILDLIFE AREAS AND RESOURCES.—Section amended— (1) in the matter preceding paragraph (1), 8(b) of the Pittman-Robertson Wildlife Res- (A) in the proviso at the end of section by striking ‘‘firearm including an assembled toration Act (16 U.S.C. 669g(b)) is amended— 2(c)(2) (16 U.S.C. 460l–5(c)(2)), by striking or functional firearm’’ and inserting ‘‘fire- (1) by striking ‘‘(b) Each State’’ and insert- ‘‘notwithstanding the provisions of section 3 arm (including an assembled or functional ing the following: of this Act’’; firearm) or bow’’; and ‘‘(b) EXPENDITURES FOR MANAGEMENT OF (B) in the first sentence of section 9 (16 (2) in paragraphs (1) and (2), by inserting WILDLIFE AREAS AND RESOURCES.— U.S.C. 460l–10a), by striking ‘‘by section 3 of ‘‘or bow or crossbow’’ after ‘‘firearm’’ each ‘‘(1) IN GENERAL.—Except as provided in this Act’’; and place it appears. paragraph (2), each State’’; (C) in the third sentence of section 10 (16 PART II—TARGET PRACTICE AND (2) in paragraph (1) (as so designated), by U.S.C. 460l–10b), by striking ‘‘by section 3 of MARKSMANSHIP TRAINING SUPPORT striking ‘‘construction, operation,’’ and in- this Act’’. SEC. 13201. TARGET PRACTICE AND MARKSMAN- serting ‘‘operation’’; (2) FEDERAL LAND TRANSACTION FACILITA- SHIP TRAINING. (3) in the second sentence, by striking TION ACT.—Section 206(f)(2) of the Federal This part may be cited as the ‘‘Target ‘‘The non-Federal share’’ and inserting the Land Transaction Facilitation Act (43 U.S.C. Practice and Marksmanship Training Sup- following: 2305(f)(2)) is amended by striking ‘‘section 3 port Act’’. ‘‘(3) NON-FEDERAL SHARE.—The non-Federal of the Land and Water Conservation Fund SEC. 13202. FINDINGS; PURPOSE. share’’; Act (16 U.S.C. 460l–6)’’ and inserting ‘‘the (a) FINDINGS.—Congress finds that— (4) in the third sentence, by striking ‘‘The Land and Water Conservation Fund Act of (1) the use of firearms and archery equip- Secretary’’ and inserting the following: 1965 (16 U.S.C. 460l–4 et seq.)’’. ment for target practice and marksmanship ‘‘(4) REGULATIONS.—The Secretary’’; and SEC. 13102. PERMITS FOR IMPORTATION OF training activities on Federal land is al- (5) by inserting after paragraph (1) (as des- POLAR BEAR TROPHIES TAKEN IN lowed, except to the extent specific portions ignated by paragraph (1) of this subsection) SPORT HUNTS IN CANADA. of that land have been closed to those activi- the following: Section 104(c)(5) of the Marine Mammal ties; ‘‘(2) EXCEPTION.—Notwithstanding the lim- Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is (2) in recent years preceding the date of en- itation described in paragraph (1), a State amended by striking subparagraph (D) and actment of this Act, portions of Federal land may pay up to 90 percent of the cost of ac- inserting the following: have been closed to target practice and quiring land for, expanding, or constructing ‘‘(D)(i) The Secretary of the Interior shall, marksmanship training for many reasons; a public target range.’’. expeditiously after the expiration of the ap- (3) the availability of public target ranges (c) FIREARM AND BOW HUNTER EDUCATION plicable 30-day period under subsection on non-Federal land has been declining for a AND SAFETY PROGRAM GRANTS.—Section 10 of (d)(2), issue a permit for the importation of variety of reasons, including continued popu- the Pittman-Robertson Wildlife Restoration any polar bear part (other than an internal lation growth and development near former Act (16 U.S.C. 669h–1) is amended— organ) from a polar bear taken in a sport ranges; (1) in subsection (a), by adding at the end hunt in Canada to any person who submits, (4) providing opportunities for target prac- the following: with the permit application, proof that the tice and marksmanship training at public ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— polar bear— target ranges on Federal and non-Federal Of the amount apportioned to a State for ‘‘(I) was legally harvested by the person be- land can help— any fiscal year under section 4(b), the State fore February 18, 1997; or (A) to promote enjoyment of shooting, rec- may elect to allocate not more than 10 per- ‘‘(II) was legally harvested by the person reational, and hunting activities; and cent, to be combined with the amount appor- before May 15, 2008, from a polar bear popu- (B) to ensure safe and convenient locations tioned to the State under paragraph (1) for lation from which a sport-hunted trophy for those activities; that fiscal year, for acquiring land for, ex- could be imported before that date in accord- (5) Federal law in effect on the date of en- panding, or constructing a public target ance with section 18.30(i) of title 50, Code of actment of this Act, including the Pittman- range.’’; Federal Regulations (or a successor regula- Robertson Wildlife Restoration Act (16 (2) by striking subsection (b) and inserting tion). U.S.C. 669 et seq.), provides Federal support the following: ‘‘(ii) The Secretary shall issue permits for construction and expansion of public tar- ‘‘(b) COST SHARING.— under clause (i)(I) without regard to subpara- get ranges by making available to States ‘‘(1) IN GENERAL.—Except as provided in graphs (A) and (C)(ii) of this paragraph, sub- amounts that may be used for construction, paragraph (2), the Federal share of the cost section (d)(3), and sections 101 and 102. operation, and maintenance of public target of any activity carried out using a grant ‘‘(iii) The Secretary shall issue permits ranges; and under this section shall not exceed 75 percent under clause (i)(II) without regard to sub- (6) it is in the public interest to provide in- of the total cost of the activity. paragraph (C)(ii) of this paragraph, sub- creased Federal support to facilitate the con- ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR section (d)(3), and sections 101 and 102.’’. struction or expansion of public target EXPANSION.—The Federal share of the cost of SEC. 13103. PROTECTING THE RIGHT OF INDIVID- ranges. acquiring land for, expanding, or con- UALS TO BEAR ARMS AT WATER RE- (b) PURPOSE.—The purpose of this part is to structing a public target range in a State on SOURCES DEVELOPMENT PROJECTS. facilitate the construction and expansion of Federal or non-Federal land pursuant to this The Secretary of the Army shall not pro- public target ranges, including ranges on section or section 8(b) shall not exceed 90 mulgate or enforce any regulation that pro- Federal land managed by the Forest Service percent of the cost of the activity.’’; and hibits an individual from possessing a fire- and the Bureau of Land Management. (3) in subsection (c)(1)—

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3859 (A) by striking ‘‘Amounts made’’ and in- (F) Kajikia albida (white marlin); to mitigate potential adverse impacts on serting the following: (G) Tetrapturus georgii (roundscale spear- marine habitat associated with the removal ‘‘(A) IN GENERAL.—Except as provided in fish); of platforms and related structures pursuant subparagraph (B), amounts made’’; and (H) Tetrapturus belone (Mediterranean to sections 250.1700 through 250.1754 of title (B) by adding at the end the following: spearfish); and 30, Code of Federal Regulations (as in effect ‘‘(B) EXCEPTION.—Amounts provided for ac- (I) Tetrapturus pfluegeri (longbill spear- on the date of enactment of this Act), and quiring land for, constructing, or expanding fish); and the timeframe set out in NTL No. 2010–G05. a public target range shall remain available (2) does not include the species Xiphias (d) AUTHORIZATION OF APPROPRIATIONS.— for expenditure and obligation during the 5- gladius (swordfish). There are authorized to be appropriated to fiscal-year period beginning on October 1 of SEC. 13303. REPORT ON ARTIFICIAL REEFS IN the Secretary of the Interior to carry out the first fiscal year for which the amounts THE GULF OF MEXICO. this section such sums as are necessary. are made available.’’. (a) INITIAL REPORT.—Not later than 90 days Subtitle B—National Fish Habitat SEC. 13205. SENSE OF CONGRESS REGARDING CO- after the date of enactment of this Act, the PART I—NATIONAL FISH HABITAT OPERATION. Secretary of the Interior, in coordination SEC. 13401. DEFINITIONS. It is the sense of Congress that, consistent with the Secretary of Commerce and the In this part: heads of other Federal and State agencies, with applicable laws (including regulations), (1) APPROPRIATE CONGRESSIONAL COMMIT- shall submit to the Committee on Energy the Chief of the Forest Service and the Di- TEES.—The term ‘‘appropriate congressional and Natural Resources of the Senate and the rector of the Bureau of Land Management committees’’ means— Committee on Natural Resources of the should cooperate with State and local au- (A) the Committee on Commerce, Science, House of Representatives a plan to assess thorities and other entities to implement and Transportation and the Committee on best practices for waste management and re- how best to integrate the goals of the Na- tional Fishing Enhancement Act of 1984 (33 Environment and Public Works of the Sen- moval and carry out other related activities ate; and on any Federal land used as a public target U.S.C. 2101 et seq.) and the Outer Conti- nental Shelf Lands Act (43 U.S.C. 1331 et (B) the Committee on Natural Resources of range to encourage continued use of that the House of Representatives. land for target practice or marksmanship seq.). (b) CONTENTS OF PLAN.—The plan required (2) AQUATIC HABITAT.— training. under subsection (a) shall include— (A) IN GENERAL.—The term ‘‘aquatic habi- PART III—FISHING (1) an assessment of the capability of the tat’’ means any area on which an aquatic or- SEC. 13301. MODIFICATION OF DEFINITION OF Department of the Interior to identify and ganism depends, directly or indirectly, to TOXIC SUBSTANCE TO EXCLUDE issue a public notice of platforms and related carry out the life processes of the organism, SPORT FISHING EQUIPMENT. structures scheduled to be removed in 2012 including an area used by the organism for (a) IN GENERAL.—Section 3(2)(B) of the and 2013 pursuant to sections 250.1700 spawning, incubation, nursery, rearing, Toxic Substances Control Act (15 U.S.C. through 250.1754 of title 30, Code of Federal growth to maturity, food supply, or migra- 2602(2)(B)) is amended— Regulations (as in effect on the date of en- tion. (1) in clause (v), by striking ‘‘, and’’ and in- actment of this Act), and the timeframe set (B) INCLUSIONS.—The term ‘‘aquatic habi- serting ‘‘, or any component of any such arti- out in the notice to lessees on the decommis- tat’’ includes an area adjacent to an aquatic cle including, without limitation, shot, bul- sioning for platforms and related structures environment, if the adjacent area— lets and other projectiles, propellants, and in the Gulf of Mexico OCS Region (NTL No. (i) contributes an element, such as the primers,’’; 2010–G05) of the Department of the Interior; input of detrital material or the promotion (2) in clause (vi) by striking the period at (2) strategies for coordination with rel- of a planktonic or insect population pro- the end and inserting ‘‘, and’’; and evant Federal and State agencies and accred- viding food, that makes fish life possible; (3) by inserting after clause (vi) the fol- ited marine research institutes and univer- (ii) protects the quality and quantity of lowing: sity marine biology departments to assess water sources; ‘‘(vii) any sport fishing equipment (as such the biodiversity and critical habitat present (iii) provides public access for the use of term is defined in section 4162(a) of the Inter- at platforms and related structures subject fishery resources; or nal Revenue Code of 1986, without regard to to removal pursuant to sections 250.1700 (iv) serves as a buffer protecting the aquat- paragraphs (6) through (9) thereof) the sale of through 250.1754 of title 30, Code of Federal ic environment. which is subject to the tax imposed by sec- Regulations (as in effect on the date of en- (3) ASSISTANT ADMINISTRATOR.—The term tion 4161(a) of such Code (determined with- actment of this Act), and the timeframe set ‘‘Assistant Administrator’’ means the As- out regard to any exemptions from such tax out in NTL No. 2010–G05; sistant Administrator for Fisheries of the as provided by section 4162 or 4221 or any (3) an assessment of the potential impacts National Oceanic and Atmospheric Adminis- other provision of such Code), and sport fish- of the removal of the platforms and related tration. ing equipment components.’’. structures pursuant to sections 250.1700 (4) BOARD.—The term ‘‘Board’’ means the (b) RELATIONSHIP TO OTHER LAW.—Nothing through 250.1754 of title 30, Code of Federal National Fish Habitat Board established by in this section or any amendment made by Regulations (as in effect on the date of en- section 13402(a)(1). this section affects or limits the application actment of this Act), and the timeframe set (5) CONSERVATION; CONSERVE; MANAGE; MAN- of or obligation to comply with any other out in NTL No. 2010–G05 on the Gulf of Mex- AGEMENT.—The terms ‘‘conservation’’, ‘‘con- Federal, State or local law. ico ecosystem and marine habitat; serve’’, ‘‘manage’’, and ‘‘management’’ mean SEC. 13302. PROHIBITION ON SALE OF BILLFISH. (4) an assessment of the potential impacts to protect, sustain, and, where appropriate, (a) PROHIBITION.—No person shall offer for of not removing the platforms and related restore and enhance, using methods and pro- sale, sell, or have custody, control, or posses- structures pursuant to sections 250.1700 cedures associated with modern scientific re- sion of for purposes of offering for sale or through 250.1754 of title 30, Code of Federal source programs (including protection, re- selling billfish or products containing bill- Regulations (as in effect on the date of en- search, census, law enforcement, habitat fish. actment of this Act), and the timeframe set management, propagation, live trapping and (b) PENALTY.—For purposes of section out in NTL NO. 2010–G05, including potential transplantation, and regulated taking)— 308(a) of the Magnuson-Stevens Fishery Con- damage as a result of hurricanes and other (A) a healthy population of fish, wildlife, servation and Management Act (16 U.S.C. incidents; and or plant life; 1858(a)), a violation of this section shall be (5) an assessment of the potential impacts (B) a habitat required to sustain fish, wild- treated as an act prohibited by section 307 of of the removal of platforms and related life, or plant life; or that Act (16 U.S.C. 1857). structures on the rebuilding plans for Gulf (C) a habitat required to sustain fish, wild- (c) EXEMPTION FOR TRADITIONAL FISHERIES reef fish and habitat, as developed by the Na- life, or plant life productivity. AND MARKETS.—Subsection (a) does not tional Marine Fisheries Service of the De- (6) DIRECTOR.—The term ‘‘Director’’ means apply to the State of Hawaii and Pacific In- partment of Commerce. the Director of the United States Fish and sular Area as defined in section 3(35) of the (c) FINAL REPORT.—Not later than 18 Wildlife Service. Magnuson-Stevens Fishery Conservation and months after the date of submission of the (7) FISH.— Management Act (16 U.S.C. 1802(35)), except plan developed under subsection (a), the Sec- (A) IN GENERAL.—The term ‘‘fish’’ means that billfish may be sold under this exemp- retary shall submit to the Committee on En- any freshwater, diadromous, estuarine, or tion only in the United States and the Pa- ergy and Natural Resources of the Senate marine finfish or shellfish. cific Insular Area. and the Committee on Natural Resources of (B) INCLUSIONS.—The term ‘‘fish’’ includes (d) BILLFISH DEFINED.—In this section, the the House of Representatives a final report the egg, spawn, spat, larval, and other juve- term ‘‘billfish’’— that includes— nile stages of an organism described in sub- (1) means any fish of the species— (1) a description of public comments from paragraph (A). (A) Makaira nigricans (blue marlin); regional stakeholders, including recreational (8) FISH HABITAT CONSERVATION PROJECT.— (B) Kajikia audax (striped marlin); anglers, divers, offshore oil and gas compa- (A) IN GENERAL.—The term ‘‘fish habitat (C) Istiompax indica (black marlin); nies, marine biologists, and commercial fish- conservation project’’ means a project that— (D) Istiophorus platypterus (sailfish); erman; and (i) is submitted to the Board by a Partner- (E) Tetrapturus angustirostris (shortbill (2) findings relative to comments devel- ship and approved by the Secretary under spearfish); oped under this subsection, including options section 13404; and

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3860 CONGRESSIONAL RECORD — SENATE June 7, 2012 (ii) provides for the conservation or man- (H) 4 shall be representatives of State (C) 3 shall be appointed for a term of 3 agement of an aquatic habitat. agencies, 1 of whom shall be nominated by a years. (B) INCLUSIONS.—The term ‘‘fish habitat regional association of fish and wildlife (4) VACANCIES.— conservation project’’ includes— agencies from each of the Northeast, South- (A) IN GENERAL.—A vacancy of a member of (i) the provision of technical assistance to east, Midwest, and Western regions of the the Board described in any of subparagraphs a State, Indian tribe, or local community by United States; (H) through (I) or (K) through (N) of sub- the National Fish Habitat Conservation (I) 1 shall be a representative of the Amer- section (a)(2) shall be filled by an appoint- Partnership Office or any other agency to fa- ican Fisheries Society; ment made by the remaining members of the cilitate the development of strategies and (J) 2 shall be representatives of Indian Board. priorities for the conservation of aquatic tribes, of whom— (B) TRIBAL REPRESENTATIVES.—Following a habitats; or (i) 1 shall represent Indian tribes from the vacancy of a member of the Board described (ii) the obtaining of a real property inter- State of Alaska; and in subparagraph (J) of subsection (a)(2), the est in land or water, including water rights, (ii) 1 shall represent Indian tribes from the Secretary shall recommend to the Board not in accordance with terms and conditions other States; less than 4 tribal representatives, from that ensure that the real property will be ad- (K) 1 shall be a representative of the Re- which the remaining members of the Board ministered for the long-term conservation gional Fishery Management Councils estab- shall appoint a representative to fill the va- of— lished under section 302 of the Magnuson- cancy. (I) the land or water; and Stevens Fishery Conservation and Manage- (5) CONTINUATION OF SERVICE.—An indi- (II) the fish dependent on the land or ment Act (16 U.S.C. 1852); vidual whose term of service as a member of water. (L) 1 shall be a representative of the Ma- the Board expires may continue to serve on (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ rine Fisheries Commissions, which is com- the Board until a successor is appointed. has the meaning given the term in section 4 posed of— (6) REMOVAL.—If a member of the Board de- of the Indian Self-Determination and Edu- (i) the Atlantic States Marine Fisheries scribed in any of subparagraphs (H) through cation Assistance Act (25 U.S.C. 450b). Commission; (N) of subsection (a)(2) misses 3 consecutive (10) NATIONAL FISH HABITAT ACTION PLAN.— (ii) the Gulf States Marine Fisheries Com- regularly scheduled Board meetings, the The term ‘‘National Fish Habitat Action mission; and members of the Board may— Plan’’ means the National Fish Habitat Ac- (iii) the Pacific States Marine Fisheries (A) vote to remove that member; and tion Plan dated April 24, 2006, and any subse- Commission; (B) appoint another individual in accord- quent revisions or amendments to that plan. (M) 1 shall be a representative of the ance with paragraph (4). (11) PARTNERSHIP.—The term ‘‘Partner- Sportfishing and Boating Partnership Coun- (c) CHAIRPERSON.— ship’’ means an entity designated by the cil; and (1) IN GENERAL.—The Board shall elect a Board as a Fish Habitat Conservation Part- (N) 10 shall be representatives selected member of the Board to serve as Chairperson nership pursuant to section 13403(a). from each of the following groups: of the Board. (12) REAL PROPERTY INTEREST.—The term (i) The recreational sportfishing industry. (2) TERM.—The Chairperson of the Board ‘‘real property interest’’ means an ownership (ii) The commercial fishing industry. shall serve for a term of 3 years. interest in— (iii) Marine recreational anglers. (d) MEETINGS.— (A) land; (iv) Freshwater recreational anglers. (1) IN GENERAL.—The Board shall meet— (B) water (including water rights); or (v) Terrestrial resource conservation orga- (A) at the call of the Chairperson; but (C) a building or object that is perma- nizations. (B) not less frequently than twice each cal- nently affixed to land. (vi) Aquatic resource conservation organi- endar year. (13) SECRETARY.—The term ‘‘Secretary’’ zations. (2) PUBLIC ACCESS.—All meetings of the means the Secretary of the Interior. (vii) The livestock and poultry production Board shall be open to the public. (14) STATE AGENCY.—The term ‘‘State agen- industry. (e) PROCEDURES.— cy’’ means— (viii) The land development industry. (1) IN GENERAL.—The Board shall establish (A) the fish and wildlife agency of a State; (ix) The row crop industry. procedures to carry out the business of the (B) any department or division of a depart- (x) Natural resource commodity interests, Board, including— ment or agency of a State that manages in such as petroleum or mineral extraction. (A) a requirement that a quorum of the the public trust the inland or marine fishery (3) COMPENSATION.—A member of the Board members of the Board be present to transact resources or the habitat for those fishery re- shall serve without compensation. business; sources of the State pursuant to State law or (4) TRAVEL EXPENSES.—A member of the (B) a requirement that no recommenda- the constitution of the State; or Board shall be allowed travel expenses, in- tions may be adopted by the Board, except (C) the fish and wildlife agency of the Com- cluding per diem in lieu of subsistence, at by the vote of 2⁄3 of all members present and monwealth of Puerto Rico, Guam, the Virgin rates authorized for an employee of an agen- voting; Islands, or any other territory or possession cy under subchapter I of chapter 57 of title 5, (C) procedures for establishing national of the United States. United States Code, while away from the goals and priorities for aquatic habitat con- servation for the purposes of this part; SEC. 13402. NATIONAL FISH HABITAT BOARD. home or regular place of business of the (D) procedures for designating Partner- (a) ESTABLISHMENT.— member in the performance of the duties of ships under section 13403; and (1) IN GENERAL.—There is established a the Board. (E) procedures for reviewing, evaluating, board, to be known as the ‘‘National Fish (b) APPOINTMENT AND TERMS.— and making recommendations regarding fish Habitat Board’’— (1) IN GENERAL.—Except as otherwise pro- habitat conservation projects. (A) to promote, oversee, and coordinate the vided in this subsection, a member of the (2) QUORUM.—A majority of the members of implementation of this part and the Na- Board described in any of subparagraphs (H) the Board shall constitute a quorum. tional Fish Habitat Action Plan; through (N) of subsection (a)(2) shall serve SEC. 13403. FISH HABITAT PARTNERSHIPS. (B) to establish national goals and prior- for a term of 3 years. (a) AUTHORITY TO DESIGNATE.—The Board ities for aquatic habitat conservation; (2) INITIAL BOARD MEMBERSHIP.— may designate Fish Habitat Partnerships in (C) to designate Partnerships; and (A) IN GENERAL.—Not later than 180 days accordance with this section. (D) to review and make recommendations after the date of enactment of this Act, the (b) PURPOSES.—The purposes of a Partner- regarding fish habitat conservation projects. representatives of the board established by ship shall be— (2) MEMBERSHIP.—The Board shall be com- the National Fish Habitat Action Plan shall (1) to coordinate the implementation of posed of 27 members, of whom— appoint the initial members of the Board de- the National Fish Habitat Action Plan at a (A) 1 shall be the Director; scribed in subparagraphs (H) through (I) and regional level; (B) 1 shall be the Assistant Administrator; (K) through (N) of subsection (a)(2). (2) to identify strategic priorities for fish (C) 1 shall be the Chief of the Natural Re- (B) TRIBAL REPRESENTATIVES.—Not later habitat conservation; sources Conservation Service; than 180 days after the enactment of this (3) to recommend to the Board fish habitat (D) 1 shall be the Chief of the Forest Serv- Act, the Secretary shall provide to the board conservation projects that address a stra- ice; established by the National Fish Habitat Ac- tegic priority of the Board; and (E) 1 shall be the Assistant Administrator tion Plan a recommendation of not less than (4) to develop and carry out fish habitat for Water of the Environmental Protection 4 tribal representatives, from which that conservation projects. Agency; board shall appoint 2 representatives pursu- (c) APPLICATIONS.—An entity seeking to be (F) 1 shall be the President of the Associa- ant to subparagraph (J) of subsection (a)(2). designated as a Partnership shall submit to tion of Fish and Wildlife Agencies; (3) TRANSITIONAL TERMS.—Of the members the Board an application at such time, in (G) 1 shall be the Secretary of the Board of described in subsection (a)(2)(N) initially ap- such manner, and containing such informa- Directors of the National Fish and Wildlife pointed to the Board— tion as the Board may reasonably require. Foundation appointed pursuant to section (A) 4 shall be appointed for a term of 1 (d) APPROVAL.—The Board may approve an 3(g)(2)(B) of the National Fish and Wildlife year; application for a Partnership submitted Foundation Establishment Act (16 U.S.C. (B) 4 shall be appointed for a term of 2 under subsection (c) if the Board determines 3702(g)(2)(B)); years; and that the applicant—

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3861 (1) includes representatives of a diverse (v) where appropriate, advances the con- considered to be non-Federal funds for the group of public and private partners, includ- servation of fish and fish habitats under the purpose of paragraph (1). ing Federal, State, or local governments, Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) (f) APPROVAL.— nonprofit entities, Indian tribes, and private and other relevant Federal law and State (1) IN GENERAL.—Not later than 180 days individuals, that are focused on conservation wildlife action plans; and after the date of receipt of the recommenda- of aquatic habitats to achieve results across (vi) promotes resilience such that desired tions of the Board for fish habitat conserva- jurisdictional boundaries on public and pri- biological communities are able to persist tion projects under subsection (b), and based, vate land; and adapt to environmental stressors such as to the maximum extent practicable, on the (2) is organized to promote the health of climate change; and criteria described in subsection (c)— important aquatic habitats and distinct geo- (E) the substantiality of the character and (A) the Secretary shall approve, reject, or graphical areas, keystone fish species, or design of the fish habitat conservation reorder the priority of any fish habitat con- system types, including reservoirs, natural project. servation project recommended by the Board lakes, coastal and marine environments, and (d) LIMITATIONS.— that is not within a marine or estuarine estuaries; (1) REQUIREMENTS FOR EVALUATION.—No habitat; and (3) identifies strategic fish and aquatic fish habitat conservation project may be rec- (B) the Secretary and the Secretary of habitat priorities for the Partnership area in ommended by the Board under subsection (b) Commerce shall jointly approve, reject, or the form of geographical focus areas or key or provided financial assistance under this reorder the priority of any fish habitat con- stressors or impairments to facilitate stra- part unless the fish habitat conservation servation project recommended by the Board tegic planning and decisionmaking; project includes an evaluation plan de- that is within a marine or estuarine habitat. (4) is able to address issues and priorities signed— (2) FUNDING.—If the Secretary, or the Sec- on a nationally significant scale; (A) to appropriately assess the biological, retary and the Secretary of Commerce joint- (5) includes a governance structure that— ecological, or other results of the habitat ly, approves a fish habitat conservation (A) reflects the range of all partners; and protection, restoration, or enhancement ac- project under paragraph (1), the Secretary, (B) promotes joint strategic planning and tivities carried out using the assistance; or the Secretary and the Secretary of Com- decisionmaking by the applicant; (B) to reflect appropriate changes to the merce jointly, shall use amounts made avail- (6) demonstrates completion of, or signifi- fish habitat conservation project if the as- able to carry out this part to provide funds cant progress toward the development of, a sessment substantiates that the fish habitat to carry out the fish habitat conservation strategic plan to address the causes of sys- conservation project objectives are not being project. tem decline in fish populations, rather than met; and (3) NOTIFICATION.—If the Secretary, or the simply treating symptoms in accordance (C) to require the submission to the Board Secretary and the Secretary of Commerce with the National Fish Habitat Action Plan; of a report describing the findings of the as- jointly, rejects or reorders the priority of and sessment. any fish habitat conservation project rec- (7) ensures collaboration in developing a (2) ACQUISITION OF REAL PROPERTY INTER- ommended by the Board under subsection strategic vision and implementation pro- ESTS.— (b), the Secretary, or the Secretary and the gram that is scientifically sound and achiev- (A) IN GENERAL.—No fish habitat conserva- Secretary of Commerce jointly, shall provide able. tion project that will result in the acquisi- to the Board and the appropriate Partner- SEC. 13404. FISH HABITAT CONSERVATION tion by the State, local government, or other ship a written statement of the reasons that PROJECTS. non-Federal entity, in whole or in part, of the Secretary, or the Secretary and the Sec- (a) SUBMISSION TO BOARD.—Not later than any real property interest may be rec- retary of Commerce jointly, rejected or March 31 of each calendar year, each Part- ommended by the Board under subsection (b) modified the priority of the fish habitat con- nership shall submit to the Board a list of or provided financial assistance under this servation project. fish habitat conservation projects rec- part unless the project meets the require- (4) LIMITATION.—If the Secretary, or the ommended by the Partnership for annual ments of subparagraph (B). Secretary and the Secretary of Commerce funding under this part. (B) REQUIREMENTS.— jointly, has not approved, rejected, or reor- (b) RECOMMENDATIONS BY BOARD.—Not (i) IN GENERAL.—A real property interest dered the priority of the recommendations of later than July 1 of each calendar year, the may not be acquired pursuant to a fish habi- the Board for fish habitat conservation Board shall submit to the Secretary a de- tat conservation project by a State, public projects by the date that is 180 days after the scription, including estimated costs, of each agency, or other non-Federal entity unless date of receipt of the recommendations, the fish habitat conservation project that the the State, agency, or other non-Federal enti- recommendations shall be considered to be Board recommends that the Secretary ap- ty is obligated to undertake the manage- approved. prove and fund under this part, in order of ment of the property being acquired in ac- SEC. 13405. NATIONAL FISH HABITAT CONSERVA- priority, for the following fiscal year. cordance with the purposes of this part. TION PARTNERSHIP OFFICE. (c) CONSIDERATIONS.—The Board shall se- (ii) ADDITIONAL CONDITIONS.—Any real (a) ESTABLISHMENT.—Not later than 1 year lect each fish habitat conservation project to property interest acquired by a State, local after the date of enactment of this Act, the be recommended to the Secretary under sub- government, or other non-Federal entity Director shall establish an office, to be section (b)— pursuant to a fish habitat conservation known as the ‘‘National Fish Habitat Con- (1) based on a recommendation of the Part- project shall be subject to terms and condi- servation Partnership Office’’, within the nership that is, or will be, participating ac- tions that ensure that the interest will be United States Fish and Wildlife Service. tively in carrying out the fish habitat con- administered for the long-term conservation (b) FUNCTIONS.—The National Fish Habitat servation project; and and management of the aquatic ecosystem Conservation Partnership Office shall— (2) after taking into consideration— and the fish and wildlife dependent on that (1) provide funding for the operational (A) the extent to which the fish habitat ecosystem. needs of the Partnerships, including funding conservation project fulfills a purpose of this (e) NON-FEDERAL CONTRIBUTIONS.— for activities such as planning, project devel- part or a goal of the National Fish Habitat (1) IN GENERAL.—Except as provided in opment and implementation, coordination, Action Plan; paragraph (2), no fish habitat conservation monitoring, evaluation, communication, and (B) the extent to which the fish habitat project may be recommended by the Board outreach; conservation project addresses the national under subsection (b) or provided financial as- (2) provide funding to support the detail of priorities established by the Board; sistance under this part unless at least 50 State and tribal fish and wildlife staff to the (C) the availability of sufficient non-Fed- percent of the cost of the fish habitat con- Office; eral funds to match Federal contributions servation project will be funded with non- (3) facilitate the cooperative development for the fish habitat conservation project, as Federal funds. and approval of Partnerships; required by subsection (e); (2) PROJECTS ON FEDERAL LAND OR WATER.— (4) assist the Secretary and the Board in (D) the extent to which the fish habitat Notwithstanding paragraph (1), Federal carrying out this part; conservation project— funds may be used for payment of 100 percent (5) assist the Secretary in carrying out the (i) increases fishing opportunities for the of the costs of a fish habitat conservation requirements of sections 13406 and 13408; public; project located on Federal land or water. (6) facilitate communication, cohesiveness, (ii) will be carried out through a coopera- (3) NON-FEDERAL SHARE.—The non-Federal and efficient operations for the benefit of tive agreement among Federal, State, and share of the cost of a fish habitat conserva- Partnerships and the Board; local governments, Indian tribes, and private tion project— (7) facilitate, with assistance from the Di- entities; (A) may not be derived from a Federal rector, the Assistant Administrator, and the (iii) increases public access to land or grant program; but President of the Association of Fish and water; (B) may include in-kind contributions and Wildlife Agencies, the consideration of fish (iv) advances the conservation of fish and cash. habitat conservation projects by the Board; wildlife species that are listed, or are can- (4) SPECIAL RULE FOR INDIAN TRIBES.—Not- (8) provide support to the Director regard- didates to be listed, as threatened species or withstanding paragraph (1) or any other pro- ing the development and implementation of endangered species under the Endangered vision of law, any funds made available to an the interagency operational plan under sub- Species Act of 1973 (16 U.S.C. 1531 et seq.); Indian tribe pursuant to this part may be section (c);

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3862 CONGRESSIONAL RECORD — SENATE June 7, 2012 (9) coordinate technical and scientific re- (4) supporting and providing recommenda- tribes, or other entities to carry out fish porting as required by section 13409; tions regarding the development of science- habitat conservation projects. (10) facilitate the efficient use of resources based monitoring and assessment approaches (b) STATUS AND TRENDS REPORT.—Not later and activities of Federal departments and for implementation through Partnerships; than December 31, 2012, and every 5 years agencies to carry out this part in an efficient (5) supporting and providing recommenda- thereafter, the Board shall submit to the ap- manner; and tions for a national fish habitat assessment; propriate congressional committees a report (11) provide support to the Board for na- and describing the status of aquatic habitats in tional communication and outreach efforts (6) ensuring the availability of experts to the United States. that promote public awareness of fish habi- conduct scientifically based evaluation and (c) REVISIONS.—Not later than December tat conservation. reporting of the results of fish habitat con- 31, 2013, and every 5 years thereafter, the (c) INTERAGENCY OPERATIONAL PLAN.—Not servation projects. Board shall revise the goals and other ele- later than 1 year after the date of enactment SEC. 13407. CONSERVATION OF AQUATIC HABI- ments of the National Fish Habitat Action of this Act, and every 5 years thereafter, the TAT FOR FISH AND OTHER AQUATIC Plan, after consideration of each report re- Director, in cooperation with the Assistant ORGANISMS ON FEDERAL LAND. quired by subsection (b). Administrator and the heads of other appro- To the extent consistent with the mission SEC. 13410. REGULATIONS. and authority of the applicable department priate Federal departments and agencies, The Secretary may promulgate such regu- shall develop an interagency operational or agency, the head of each Federal depart- lations as the Secretary determines to be plan for the National Fish Habitat Conserva- ment and agency responsible for acquiring, necessary to carry out this part. tion Partnership Office that describes— managing, or disposing of Federal land or (1) the functional, operational, technical, water shall cooperate with the Assistant Ad- SEC. 13411. EFFECT OF PART. scientific, and general staff, administrative, ministrator and the Director to conserve the (a) WATER RIGHTS.—Nothing in this part— and material needs of the Office; and aquatic habitats for fish and other aquatic (1) establishes any express or implied re- (2) any interagency agreements between or organisms within the land and water of the served water right in the United States for among Federal departments and agencies to department or agency. any purpose; address those needs. SEC. 13408. COORDINATION WITH STATES AND IN- (2) affects any water right in existence on (d) STAFF AND SUPPORT.— DIAN TRIBES. the date of enactment of this Act; (1) DEPARTMENTS OF INTERIOR AND COM- The Secretary shall provide a notice to, (3) preempts or affects any State water law MERCE.—The Director and the Assistant Ad- and coordinate with, the appropriate State or interstate compact governing water; or ministrator shall each provide appropriate agency or tribal agency, as applicable, of (4) affects any Federal or State law in ex- staff to support the National Fish Habitat each State and Indian tribe within the istence on the date of enactment of the Act Conservation Partnership Office, subject to boundaries of which an activity is planned to regarding water quality or water quantity. the availability of funds under section 13413. be carried out pursuant to this part by not (b) STATE AUTHORITY.—Nothing in this (2) STATES AND INDIAN TRIBES.—Each State later than 30 days before the date on which part— and Indian tribe is encouraged to provide the activity is implemented. (1) affects the authority, jurisdiction, or staff to support the National Fish Habitat SEC. 13409. ACCOUNTABILITY AND REPORTING. responsibility of a State to manage, control, Conservation Partnership Office. (a) IMPLEMENTATION REPORTS.— or regulate fish and wildlife under the laws (3) DETAILEES AND CONTRACTORS.—The Na- (1) IN GENERAL.—Not later than 2 years and regulations of the State; or tional Fish Habitat Conservation Partner- after the date of enactment of this Act, and (2) authorizes the Secretary to control or ship Office may accept staff or other admin- every 2 years thereafter, the Board shall sub- regulate within a State the fishing or hunt- istrative support from other entities— mit to the appropriate congressional com- ing of fish and wildlife. (A) through interagency details; or mittees a report describing the implementa- (c) EFFECT ON INDIAN TRIBES.—Nothing in (B) as contractors. tion of— this part abrogates, abridges, affects, modi- (4) QUALIFICATIONS.—The staff of the Na- (A) this part; and fies, supersedes, or alters any right of an In- tional Fish Habitat Conservation Partner- (B) the National Fish Habitat Action Plan. dian tribe recognized by treaty or any other ship Office shall include members with edu- (2) CONTENTS.—Each report submitted means, including— cation and experience relating to the prin- under paragraph (1) shall include— (1) an agreement between the Indian tribe ciples of fish, wildlife, and aquatic habitat (A) an estimate of the number of acres, and the United States; conservation. stream miles, or acre-feet (or other suitable (2) Federal law (including regulations); (5) WAIVER OF REQUIREMENT.—The Sec- measure) of aquatic habitat that was pro- (3) an Executive order; or retary may waive all or part of the non-Fed- tected, restored, or enhanced under the Na- (4) a judicial decree. eral contribution requirement under section tional Fish Habitat Action Plan by Federal, (d) ADJUDICATION OF WATER RIGHTS.—Noth- 13404(e)(1) if the Secretary determines that— State, or local governments, Indian tribes, or ing in this part diminishes or affects the (A) no reasonable means are available other entities in the United States during ability of the Secretary to join an adjudica- through which the affected applicant can the 2-year period ending on the date of sub- tion of rights to the use of water pursuant to meet the requirement; and mission of the report; subsection (a), (b), or (c) of section 208 of the (B) the probable benefit of the relevant fish (B) a description of the public access to Department of Justice Appropriation Act, habitat conservation project outweighs the aquatic habitats protected, restored, or es- 1953 (43 U.S.C. 666). public interest in meeting the requirement. tablished under the National Fish Habitat (e) EFFECT ON OTHER AUTHORITIES.— (e) REPORTS.—Not less frequently than Action Plan during that 2-year period; (1) ACQUISITION OF LAND AND WATER.—Noth- once each year, the Director shall provide to (C) a description of the opportunities for ing in this part alters or otherwise affects the Board a report describing the activities public fishing established under the National the authorities, responsibilities, obligations, of the National Fish Habitat Conservation Fish Habitat Action Plan during that period; or powers of the Secretary to acquire land, Partnership Office. and water, or an interest in land or water under SEC. 13406. TECHNICAL AND SCIENTIFIC ASSIST- (D) an assessment of the status of fish any other provision of law. ANCE. habitat conservation projects carried out (2) PRIVATE PROPERTY PROTECTION.—Noth- (a) IN GENERAL.—The Director, the Assist- with funds provided under this part during ing in this part permits the use of funds ant Administrator, and the Director of the made available to carry out this part to ac- United States Geological Survey, in coordi- that period, disaggregated by year, includ- quire real property or a real property inter- nation with the Forest Service and other ap- ing— est without the written consent of each propriate Federal departments and agencies, (i) a description of the fish habitat con- shall provide scientific and technical assist- servation projects recommended by the owner of the real property or real property ance to the Partnerships, participants in fish Board under section 13404(b); interest. habitat conservation projects, and the (ii) a description of each fish habitat con- (3) MITIGATION.—Nothing in this part per- Board. servation project approved by the Secretary mits the use of funds made available to carry (b) INCLUSIONS.—Scientific and technical under section 13404(f), in order of priority for out this part for fish and wildlife mitigation assistance provided pursuant to subsection funding; purposes under— (a) may include— (iii) a justification for— (A) the Federal Water Pollution Control (1) providing technical and scientific as- (I) the approval of each fish habitat con- Act (33 U.S.C. 1251 et seq.); sistance to States, Indian tribes, regions, servation project; and (B) the Fish and Wildlife Coordination Act local communities, and nongovernmental or- (II) the order of priority for funding of each (16 U.S.C. 661 et seq.); ganizations in the development and imple- fish habitat conservation project; (C) the Water Resources Development Act mentation of Partnerships; (iv) a justification for any rejection or re- of 1986 (Public Law 99–662; 100 Stat. 4082); or (2) providing technical and scientific as- ordering of the priority of each fish habitat (D) any other Federal law or court settle- sistance to Partnerships for habitat assess- conservation project recommended by the ment. ment, strategic planning, and prioritization; Board under section 13404(b) that was based SEC. 13412. NONAPPLICABILITY OF FEDERAL AD- (3) supporting the development and imple- on a factor other than the criteria described VISORY COMMITTEE ACT. mentation of fish habitat conservation in section 13404(c); and The Federal Advisory Committee Act (5 projects that are identified as high priorities (v) an accounting of expenditures by Fed- U.S.C. App.) shall not apply to— by Partnerships and the Board; eral, State, or local governments, Indian (1) the Board; or

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FUNDING. quest to, or otherwise for the use of, the section (d)’’ after ‘‘paragraph (2)’’; and (a) AUTHORIZATION OF APPROPRIATIONS.— United States; and (2) by adding at the end the following: ‘‘(d) WAIVERS.— (1) FISH HABITAT CONSERVATION PROJECTS.— (B) may be— There is authorized to be appropriated to the (i) used directly by the Secretary; or ‘‘(1) IN GENERAL.—The Secretary, in con- Secretary $7,200,000 for each of fiscal years (ii) provided to another Federal depart- sultation with the Migratory Bird Conserva- 2012 through 2016 to provide funds for fish ment or agency through an interagency tion Commission, may waive requirements habitat conservation projects approved agreement. under this section for such individuals as the Secretary, in consultation with the Migra- under section 13404(f), of which 5 percent PART II—DUCK STAMPS tory Bird Conservation Commission, deter- shall be made available for each fiscal year SEC. 13501. FINDINGS. mines to be appropriate. for projects carried out by Indian tribes. Congress finds that— ‘‘(2) LIMITATION.—In making the deter- (2) NATIONAL FISH HABITAT CONSERVATION (1) Federal Migratory Bird Hunting and mination described in paragraph (1), the Sec- PARTNERSHIP OFFICE.— Conservation Stamps (commonly known as retary shall grant only those waivers the (A) IN GENERAL.—There is authorized to be ‘‘duck stamps’’) were created in 1934 as Fed- Secretary determines will have a minimal appropriated to the Secretary for each of fis- eral licenses required for hunting migratory adverse effect on funds to be deposited in the cal years 2012 through 2016 for the National waterfowl; Migratory Bird Conservation Fund estab- Fish Habitat Conservation Partnership Of- (2)(A) duck stamps are a vital tool for wet- lished under section 4(a)(3).’’. fice, and to carry out section 13409, an land conservation; SEC. 13504. PERMANENT ELECTRONIC DUCK amount equal to 5 percent of the amount ap- (B) 98 percent of the receipts from duck STAMPS. propriated for the applicable fiscal year pur- stamp sales are used to acquire important (a) DEFINITIONS.—In this section: suant to paragraph (1). migratory bird breeding, migration, and win- (1) ACTUAL STAMP.—The term ‘‘actual EQUIRED TRANSFERS.—The Secretary (B) R tering habitat, which are added to the Na- stamp’’ means a Federal migratory-bird shall annually transfer to other Federal de- tional Wildlife Refuge System; and hunting and conservation stamp required partments and agencies such percentage of (C) those benefits extend to all wildlife, under the Act of March 16, 1934 (16 U.S.C. the amounts made available pursuant to sub- not just ducks; 718a et seq.) (popularly known as the ‘‘Duck paragraph (A) as is required to support par- (3) since inception, the Federal duck stamp Stamp Act’’), that is printed on paper and ticipation by those departments and agen- program— sold through the means established by the cies in the National Fish Habitat Conserva- (A) has generated more than $750,000,000; authority of the Secretary immediately be- tion Partnership Office pursuant to the (B) has preserved more than 5,000,000 acres fore the date of enactment of this Act. interagency operational plan under section of wetland and wildlife habitat; and (2) AUTOMATED LICENSING SYSTEM.— 13405(c). (C) is considered among the most success- (A) IN GENERAL.—The term ‘‘automated li- (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— ful conservation programs ever initiated; censing system’’ means an electronic, com- There are authorized to be appropriated for (4)(A) since 1934, when duck stamps cost $1, puterized licensing system used by a State each of fiscal years 2012 through 2016 to carry the price has been increased 7 times to the fish and wildlife agency to issue hunting, out, and provide technical and scientific as- price in effect on the date of enactment of fishing, and other associated licenses and sistance under, section 13406— this Act of $15, which took effect in 1991; and products. (A) $500,000 to the Secretary for use by the (B) the price of the duck stamp has not in- (B) INCLUSION.—The term ‘‘automated li- United States Fish and Wildlife Service; creased since 1991, the longest single period censing system’’ includes a point-of-sale, (B) $500,000 to the Assistant Administrator without an increase in program history; and Internet, telephonic system, or other elec- for use by the National Oceanic and Atmos- (5) with the price unchanged during the 20- tronic applications used for a purpose de- pheric Administration; and year period ending on the date of enactment scribed in subparagraph (A). (C) $500,000 to the Secretary for use by the of this Act, duck stamps have lost 40 percent (3) ELECTRONIC STAMP.—The term ‘‘elec- United States Geological Survey. of the value of the duck stamps based on the tronic stamp’’ means an electronic version of (4) PLANNING AND ADMINISTRATIVE EX- consumer price index, while the United an actual stamp that— PENSES.—There is authorized to be appro- States Fish and Wildlife Service reports the (A) is a unique identifier for the individual priated to the Secretary for each of fiscal price of land in targeted wetland areas has to whom it is issued; years 2012 through 2016 for use by the Board, tripled from an average of $306 to $1,091 per (B) can be printed on paper or produced the Director, and the Assistant Adminis- acre. through an electronic application with the trator for planning and administrative ex- SEC. 13502. COST OF STAMPS. same indicators as the State endorsement penses an amount equal to 3 percent of the provides; Section 2 of the Migratory Bird Hunting amount appropriated for the applicable fiscal (C) is issued through a State automated li- and Conservation Stamp Act (16 U.S.C. 718b) year pursuant to paragraph (1). censing system that is authorized, under is amended by striking subsection (b) and in- (b) AGREEMENTS AND GRANTS.—The Sec- State law and by the Secretary under this serting the following: retary may— section, to issue electronic stamps; ‘‘(b) COST OF STAMPS.— (1) on the recommendation of the Board, (D) is compatible with the hunting licens- ‘‘(1) IN GENERAL.—For the 3-calendar-year and notwithstanding sections 6304 and 6305 of ing system of the State that issues the elec- period beginning with calendar year 2013, and title 31, United States Code, and the Federal tronic stamp; and for each 3-calendar-year period thereafter, Financial Assistance Management Improve- (E) is described in the State application the Secretary, in consultation with the Mi- ment Act of 1999 (31 U.S.C. 6101 note; Public approved by the Secretary under subsection gratory Bird Conservation Commission, shall Law 106–107), enter into a grant agreement, (c). establish the amount to be collected under cooperative agreement, or contract with a (4) SECRETARY.—The term ‘‘Secretary’’ paragraph (2) for each stamp sold under this Partnership or other entity for a fish habitat means the Secretary of the Interior. section. conservation project or restoration or en- (b) AUTHORITY TO ISSUE ELECTRONIC DUCK ‘‘(2) COLLECTION OF AMOUNTS.—The United hancement project; STAMPS.— States Postal Service, the Department of the (2) apply for, accept, and use a grant from (1) IN GENERAL.—The Secretary may au- any individual or entity to carry out the Interior, or any other agent approved by the thorize any State to issue electronic stamps purposes of this part; and Department of the Interior shall collect the in accordance with this section. amount established under paragraph (1) for (3) make funds available to any Federal de- (2) CONSULTATION.—The Secretary shall im- partment or agency for use by that depart- each stamp sold under this section for a plement this subsection in consultation with ment or agency to provide grants for any hunting year if the Secretary determines, at State management agencies. fish habitat protection project, restoration any time before February 1 of the calendar (c) STATE APPLICATION.— project, or enhancement project that the year during which the hunting year begins, (1) APPROVAL OF APPLICATION REQUIRED.— Secretary determines to be consistent with that all amounts described in paragraph (3) The Secretary may not authorize a State to this part. have been obligated for expenditure. issue electronic stamps under this section (c) DONATIONS.— ‘‘(3) AMOUNTS.—The amounts described in unless the Secretary has received and ap- (1) IN GENERAL.—The Secretary may— this paragraph are amounts in the Migratory proved an application submitted by the (A) enter into an agreement with any orga- Bird Conservation Fund that are available State in accordance with this subsection. nization described in section 501(c)(3) of the for obligation and attributable to— (2) NUMBER OF NEW STATES.—The Secretary Internal Revenue Code of 1986 that is exempt ‘‘(A) amounts appropriated pursuant to may determine the number of new States per from taxation under section 501(a) of that this Act for the fiscal year ending in the im- year to participate in the electronic stamp Code to solicit private donations to carry mediately preceding calendar year; and program. out the purposes of this part; and ‘‘(B) the sale of stamps under this section (3) CONTENTS OF APPLICATION.—The Sec- (B) accept donations of funds, property, during that fiscal year.’’. retary may not approve a State application and services to carry out the purposes of this SEC. 13503. WAIVERS. unless the application contains— part. Section 1(a) of the Migratory Bird Hunting (A) a description of the format of the elec- (2) TREATMENT.—A donation accepted and Conservation Stamp Act (16 U.S.C. tronic stamp that the State will issue under under this section— 718a(a)) is amended— this section, including identifying features

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of the licensee that will be specified on the (1) STAMP REQUIREMENTS.—The Secretary their terrestrial, wetland, marine, or other stamp; shall require an electronic stamp issued by a habitats, and other wildlife species supported (B) a description of any fee the State will State under this section— by those habitats, including— charge for issuance of an electronic stamp; (A) to have the same format as any other (i) biological and geospatial planning; (C) a description of the process the State license, validation, or privilege the State (ii) landscape and conservation design; will use to account for and transfer to the issues under the automated licensing system (iii) habitat protection, enhancement, and Secretary the amounts collected by the of the State; and restoration; State that are required to be transferred to (B) to specify identifying features of the li- (iv) monitoring and tracking; the Secretary under the program; censee that are adequate to enable Federal, (v) applied research; and (D) the manner by which the State will State, and other law enforcement officers to (vi) public outreach and education; and transmit electronic stamp customer data to identify the holder. (B) incorporate adaptive management and the Secretary; (2) RECOGNITION OF ELECTRONIC STAMP.— science-based monitoring, where applicable, (E) the manner by which actual stamps Any electronic stamp issued by a State to improve outcomes and ensure efficient will be delivered; under this section shall, during the effective and effective use of Federal funds. (F) the policies and procedures under period of the electronic stamp— (2) DIRECTOR.—The term ‘‘Director’’ means which the State will issue duplicate elec- (A) bestow on the licensee the same privi- the Director of the United States Fish and tronic stamps; and leges as are bestowed by an actual stamp; Wildlife Service. (G) such other policies, procedures, and in- (B) be recognized nationally as a valid Fed- (3) IMPLEMENTATION PLAN.—The term ‘‘Im- formation as may be reasonably required by eral migratory bird hunting and conserva- plementation Plan’’ means an Implementa- the Secretary. tion stamp; and tion Plan approved by the Director under (d) PUBLICATION OF DEADLINES, ELIGIBILITY (C) authorize the licensee to hunt migra- section 13602. REQUIREMENTS, AND SELECTION CRITERIA.— tory waterfowl in any other State, in accord- (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Not later than 30 days before the date on ance with the laws of the other State gov- has the meaning given that term in section which the Secretary begins accepting appli- erning that hunting. 4 of the Indian Self-Determination and Edu- cations under this section, the Secretary (3) DURATION.—An electronic stamp issued cation Assistance Act (25 U.S.C. 450b). shall publish— by a State shall be valid for a period agreed (5) JOINT VENTURE.—The term ‘‘Joint Ven- (1) deadlines for submission of applica- to by the State and the Secretary, which ture’’ means a self-directed, voluntary part- tions; shall not exceed 45 days. nership, established and conducted for the (2) eligibility requirements for submitting (g) TERMINATION OF STATE PARTICIPA- purposes described in section 13601 and in ac- applications; and TION.—The authority of a State to issue elec- cordance with section 13603. (3) criteria for approving applications. tronic stamps under this section may be ter- (6) MANAGEMENT BOARD.—The term ‘‘Man- (e) STATE OBLIGATIONS AND AUTHORITIES.— minated— agement Board’’ means a Joint Venture (1) DELIVERY OF ACTUAL STAMP.—The Sec- (1) by the Secretary, if the Secretary— Management Board established in accord- retary shall require that each individual to (A) finds that the State has violated any of ance with section 13603. whom a State sells an electronic stamp the terms of the application of the State ap- (7) MIGRATORY BIRDS.—The term ‘‘migra- under this section shall receive an actual proved by the Secretary under subsection (c); tory birds’’ means those species included in stamp— and the list of migratory birds that appears in (A) by not later than the date on which the (B) provides to the State written notice of section 10.13 of title 50, Code of Federal Reg- electronic stamp expires under subsection the termination by not later than the date ulations, under the authority of the Migra- (f)(3); and that is 30 days before the date of termi- tory Bird Treaty Act. (B) in a manner agreed on by the State and nation; or (8) PROGRAM.—The term ‘‘Program’’ means Secretary. (2) by the State, by providing written no- the Joint Ventures Program conducted in ac- (2) COLLECTION AND TRANSFER OF ELEC- tice to the Secretary by not later than the cordance with this part. TRONIC STAMP REVENUE AND CUSTOMER INFOR- date that is 30 days before the termination (9) SECRETARY.—The term ‘‘Secretary’’ MATION.— date. means the Secretary of the Interior. (A) REQUIREMENT TO TRANSMIT.—The Sec- (10) SERVICE.—The term ‘‘Service’’ means retary shall require each State authorized to PART III—JOINT VENTURES TO PROTECT the United States Fish and Wildlife Service. MIGRATORY BIRD POPULATIONS issue electronic stamps to collect and submit (11) STATE.—The term ‘‘State’’ means— to the Secretary in accordance with this sub- SEC. 13601. PURPOSES. (A) any State of the United States, the section— The purpose of this part is to authorize the District of Columbia, the Commonwealth of (i) the first name, last name, and complete Secretary of the Interior, acting through the Puerto Rico, Guam, the Virgin Islands, mailing address of each individual that pur- Director, to carry out a partnership program American Samoa, and the Commonwealth of chases an electronic stamp from the State; called the ‘‘Joint Ventures Program’’, in co- the Northern Mariana Islands; and (ii) the face value amount of each elec- ordination with other Federal agencies with (B) one or more agencies of a State govern- tronic stamp sold by the State; and management authority over fish and wildlife ment responsible under State law for man- (iii) the amount of the Federal portion of resources and the States, to develop, imple- aging fish or wildlife resources. any fee required by the agreement for each ment, and support innovative, voluntary, co- SEC. 13603. JOINT VENTURES PROGRAM. stamp sold. operative, and effective conservation strate- (a) IN GENERAL.—The Secretary, acting (B) TIME OF TRANSMITTAL.—The Secretary gies and conservation actions— through the Director, shall carry out a Joint shall require the submission under subpara- (1) to promote, primarily, sustainable pop- Ventures Program that— graph (A) to be made with respect to sales of ulations of migratory birds, and, second- (1) provides financial and technical assist- electronic stamps by a State according to arily, the fish and wildlife species associated ance to support regional migratory bird con- the written agreement between the Sec- with their habitats; servation partnerships; retary and the State agency. (2) to encourage stakeholder and govern- (2) develops and implements plans to pro- (C) ADDITIONAL FEES NOT AFFECTED.—This ment partnerships consistent with the goals tect and enhance migratory bird populations subsection shall not apply to the State por- of protecting, improving, and restoring habi- throughout their range, that are focused on tion of any fee collected by a State under tat; regional landscapes and habitats that sup- paragraph (3). (3) to establish, implement, and improve port those populations; and (3) ELECTRONIC STAMP ISSUANCE FEE.—A science-based migratory bird conservation (3) complements and supports activities by State authorized to issue electronic stamps plans and promote and facilitate broader the Secretary and the Director to fulfill obli- may charge a reasonable fee to cover costs landscape-level conservation of fish and gations under— incurred by the State and the Department of wildlife habitat; and (A) the Migratory Bird Treaty Act (16 the Interior in issuing electronic stamps (4) to support the goals and objectives of U.S.C. 701 et seq.); under this section, including costs of deliv- the North American Waterfowl Management (B) the Migratory Bird Conservation Act ery of actual stamps. Plan and other relevant national and re- (16 U.S.C. 715 et seq.); (4) DUPLICATE ELECTRONIC STAMPS.—A gional, multipartner conservation initia- (C) the Neotropical Migratory Bird Con- State authorized to issue electronic stamps tives, treaties, conventions, agreements, or servation Act (16 U.S.C. 6101 et seq.); may issue a duplicate electronic stamp to re- strategies entered into by the United States, (D) the North American Wetlands Con- place an electronic stamp issued by the and implemented by the Secretary, that pro- servation Act (16 U.S.C. 4401 et seq.); State that is lost or damaged. mote the conservation of migratory birds (E) the Fish and Wildlife Conservation Act (5) LIMITATION ON AUTHORITY TO REQUIRE and the habitats of migratory birds. of 1980 (16 U.S.C. 2901 et seq.); and PURCHASE OF STATE LICENSE.—A State may SEC. 13602. DEFINITIONS. (F) the Partners for Fish and Wildlife Act not require that an individual purchase a In this part: (16 U.S.C. 3771 et seq.). State hunting license as a condition of (1) CONSERVATION ACTION.—The term ‘‘con- (b) COORDINATION WITH STATES.—In the ad- issuing an electronic stamp under this sec- servation action’’ means activities that— ministration of the program authorized tion. (A) support the protection, restoration, under this section, the Director shall coordi- (f) ELECTRONIC STAMP REQUIREMENTS; REC- adaptive management, conservation, or en- nate and cooperate with the States to fulfill OGNITION OF ELECTRONIC STAMP.— hancement of migratory bird populations, the purposes of this part.

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SEC. 13604. ADMINISTRATION. general public information generated by the (1) IN GENERAL.—The Secretary, acting (a) PARTNERSHIP AGREEMENTS.— Joint Venture. through the Director, shall at 5 years after (1) IN GENERAL.—The Director may enter (D) Coordination with laws and conserva- the date of enactment of this Act and at 5- into an agreement with eligible partners to tion plans that are relevant to migratory year intervals thereafter, complete an objec- achieve the purposes described in section birds, and other relevant regional, national, tive and comprehensive review and evalua- 13601. or international initiatives identified by the tion of the Program. (2) ELIGIBLE PARTNERS.—The eligible part- Director to conserve migratory birds, their (2) REVIEW CONTENTS.—Each review under ners referred to in paragraph (1) are the fol- habitats, ecological functions, and associ- this subsection shall include— lowing: ated populations of fish and wildlife. (A) an evaluation of the effectiveness of (A) Federal and State agencies and Indian (E) An organizational plan that— the Program in meeting the purpose of this tribes. (i) identifies the representative member- part specified in section 13601; (B) Affected regional and local govern- ship of the Management Board and includes (B) an evaluation of all approved Imple- ments, private landowners, land managers, procedures for updating the membership of mentation Plans, especially the effectiveness and other private stakeholders. the Management Board as appropriate; of existing conservation strategies, prior- (C) Nongovernmental organizations with (ii) describes the organizational structure ities, and methods to meet the objectives of expertise in bird conservation or fish and of the Joint Venture, including proposed such plans and fulfill the purpose of this wildlife conservation or natural resource and committees and subcommittees, and proce- part; and landscape management generally. dures for revising and updating the struc- (C) recommendations to revise the Pro- (D) Other relevant stakeholders, as deter- ture, as necessary; and gram or to amend or otherwise revise Imple- mined by the Director. (iii) provides a strategy to increase stake- mentation Plans to ensure that activities (b) MANAGEMENT BOARD.— holder participation or membership in the undertaken pursuant to this part address the (1) IN GENERAL.—A partnership agreement Joint Venture. effects of climate change on migratory bird for a Joint Venture under this section shall (F) Procedures to coordinate the develop- populations and their habitats, and fish and establish a Management Board in accordance ment, implementation, oversight, moni- wildlife habitats, in general. with this subsection. toring, tracking, and reporting of conserva- (3) CONSULTATION.—The Secretary, acting (2) MEMBERSHIP.—The Management Board tion actions approved by the Management through the Director, in the implementation shall include a diversity of members rep- Board and an evaluation process to deter- of this subsection— resenting stakeholder interests from the ap- mine overall effectiveness of activities un- (A) shall consult with other appropriate propriate geographic region, including, as dertaken by the Joint Venture. Federal agencies with responsibility for the appropriate, representatives from the Serv- (2) REVIEW.—A Joint Venture Implementa- conservation or management of fish and ice and other Federal agencies that have tion Plan shall be submitted to the Director wildlife habitat and appropriate State agen- management authority over fish and wildlife cies; and resources on public lands or in the marine for approval. (3) APPROVAL.—The Director shall approve (B) may consult with appropriate, Indian environment, or that implement programs tribes, Flyway Councils, or regional con- that affect migratory bird habitats, and rep- an Implementation Plan submitted by the Management Board for a Joint Venture if servation organizations, public and private resentatives from the States, Indian tribes, landowners, members of academia and the and other relevant stakeholders, and may in- the Director finds that— (A) implementation of the plan would pro- scientific community, and other nonprofit clude— conservation or private stakeholders. (A) regional governments and Indian mote the purposes of this part described in section 13601; (4) PUBLIC COMMENT.—The Secretary, tribes; through the Director, shall provide for ade- (B) academia or the scientific community; (B) the members of the Joint Venture have demonstrated the capacity to implement quate opportunities for general public review (C) nongovernmental landowners or land and comment of the Program as part of the managers; conservation actions identified in the Imple- mentation Plan; and 5-year evaluations conducted pursuant to (D) nonprofit conservation or other rel- this subsection. evant organizations with expertise in migra- (C) the plan includes coordination with other relevant and active conservation plans SEC. 13607. RELATIONSHIP TO OTHER AUTHORI- tory bird conservation, or in fish and wildlife TIES. conservation generally; and or programs within the geographic scope of the Joint Venture. (a) AUTHORITIES, ETC. OF SECRETARY.— (E) private organizations with a dedicated Nothing in this part affects authorities, re- SEC. 13605. GRANTS AND OTHER ASSISTANCE. interest in conserving migratory birds and sponsibilities, obligations, or powers of the (a) IN GENERAL.—Except as provided in their habitats. Secretary under any other Act. subsection (b), and subject to the avail- (3) FUNCTIONS AND RESPONSIBILITIES.—Sub- (b) STATE AUTHORITY.—Nothing in this ability of appropriations, the Director may ject to applicable Federal and State law, the part preempts any provision or enforcement award financial assistance to implement a Management Board shall— of a State statute or regulation relating to Joint Venture through— (A) appoint a coordinator for the Joint the management of fish and wildlife re- Venture in consultation with the Director; (1) support of the activities of the Manage- sources within such State. ment Board of the Joint Venture and to pay (B) identify other full- or part-time admin- SEC. 13608. FEDERAL ADVISORY COMMITTEE ACT. for necessary administrative costs and serv- istrative and technical non-Federal employ- The Federal Advisory Committee Act (5 ices, personnel, and meetings, travel, and ees necessary to perform the functions of the U.S.C. App.) shall not apply to any boards, Joint Venture and meet objectives specified other business activities; and committees, or other groups established in the Implementation Plan; and (2) support for specific conservation ac- under this part. tions and other activities necessary to carry (C) establish committees or other organi- PART IV—REAUTHORIZATIONS zational entities necessary to implement the out the Implementation Plan. (b) LIMITATION.—A Joint Venture is not eli- SEC. 13701. NORTH AMERICAN WETLANDS CON- Implementation Plan in accordance with gible for assistance or support authorized in SERVATION ACT. subsection (c). this section unless the Joint Venture is oper- Section 7(c)(5) of the North American Wet- (4) USE OF SERVICE AND FEDERAL AGENCY ating under an Implementation Plan ap- lands Conservation Act (16 U.S.C. 4406(c)(5)) EMPLOYEES.—Subject to the availability of proved by the Director under section 13604. is amended by striking ‘‘2012’’ and inserting appropriations and upon the request from a (c) TECHNICAL ASSISTANCE.—The Secretary, ‘‘2017’’. Management Board, and after consultation through the Director, may provide technical SEC. 13702. PARTNERS FOR FISH AND WILDLIFE with and approval of the Director, the head and administrative assistance for implemen- ACT. of any Federal agency may detail to the tation of Joint Ventures and the expenditure Section 5 of the Partners for Fish and Management Board, on a reimbursable or of financial assistance under this subsection. Wildlife Act (16 U.S.C. 3774) is amended by nonreimbursable basis, any agency personnel (d) ACCEPTANCE AND USE OF DONATIONS.— striking ‘‘2011’’ and inserting ‘‘2017’’. to assist the Joint Venture in performing its The Secretary, through the Director, may SEC. 13703. NATIONAL FISH AND WILDLIFE FOUN- functions under this part. accept and use donations of funds, gifts, and DATION REAUTHORIZATION. (c) IMPLEMENTATION PLAN.— in-kind contributions to provide assistance (a) BOARD OF DIRECTORS OF THE FOUNDA- (1) IN GENERAL.—Each Joint Venture Man- under this section. TION.— agement Board shall develop and maintain SEC. 13606. REPORTING. (1) IN GENERAL.—Section 3 of the National an Implementation Plan that shall contain, (a) ANNUAL REPORTS BY MANAGEMENT Fish and Wildlife Foundation Establishment at a minimum, the following elements: BOARDS.—The Secretary, acting through the Act (16 U.S.C. 3702) is amended— (A) A strategic framework for migratory Director, shall— (A) in subsection (b)— bird conservation. (1) require each Management Board to sub- (i) by striking paragraph (2) and inserting (B) Provisions for effective communication mit annual reports for all approved Joint the following: among member participants within the Joint Ventures of the Management Board; and ‘‘(2) IN GENERAL.—After consulting with Venture. (2) establish guidance for Joint Venture the Secretary of Commerce and considering (C) A long-term strategy to conduct public annual reports, including contents and any the recommendations submitted by the outreach and education regarding the pur- necessary processes or procedures. Board, the Secretary of the Interior shall ap- poses and activities of the Joint Venture and (b) JOINT VENTURE PROGRAM 5-YEAR RE- point 28 Directors who, to the maximum ex- activities to regularly communicate to the VIEWS.— tent practicable, shall—

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‘‘(A) be knowledgeable and experienced in tion, or enhancement by and for the public of ‘‘(B) REPORTS.—The Foundation shall in- matters relating to conservation of fish, natural, scenic, historic, scientific, edu- clude in the annual report submitted under wildlife, or other natural resources; and cational, inspirational, or recreational re- section 7(b) a description of any use of the ‘‘(B) represent a balance of expertise in sources. authority under subparagraph (A) by a Fed- ocean, coastal, freshwater, and terrestrial re- ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, eral department, agency, or instrumentality source conservation.’’; and devise, or bequest may be accepted by the in that fiscal year.’’; and (ii) by striking paragraph (3) and inserting Foundation even though the gift, devise, or (3) by adding at the end the following: the following: bequest is encumbered, restricted, or subject ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS ‘‘(3) TERMS.—Each Director (other than a to beneficial interests of private persons if OF MONEY OR OTHER PROPERTY.—Any gifts, Director described in paragraph (1)) shall be any current or future interest in the gift, de- devises, or bequests of amounts or other appointed for a term of 6 years.’’; and vise, or bequest is for the benefit of the property, or any other amounts or other (B) in subsection (g)(2)— Foundation. property, transferred to, deposited with, or (i) in subparagraph (A), by striking ‘‘(A) ‘‘(3) SAVINGS CLAUSE.—The acceptance and otherwise in the possession of the Founda- Officers and employees may not be appointed administration of amounts by the Founda- tion pursuant to this Act, may be made until the Foundation has sufficient funds to tion under paragraph (1)(K) does not alter, available by the Foundation to Federal de- pay them for their service. Officers’’ and in- supersede, or limit any regulatory or statu- partments, agencies, or instrumentalities serting the following: tory requirement associated with those and may be accepted and expended (or the ‘‘(A) IN GENERAL.—Officers’’; and amounts.’’; disposition of the amounts or property di- (ii) by striking subparagraph (B) and in- (2) by striking subsections (f) and (g); and rected), without further appropriation, by serting the following: (3) by redesignating subsections (h) and (i) those Federal departments, agencies, or in- ‘‘(B) EXECUTIVE DIRECTOR.—The Founda- as subsections (f) and (g), respectively. strumentalities, subject to the condition tion shall have an Executive Director who (c) AUTHORIZATION OF APPROPRIATIONS.— that the amounts or property be used for shall be— Section 10 of the National Fish and Wildlife purposes that further the conservation and Foundation Establishment Act (16 U.S.C. ‘‘(i) appointed by, and serve at the direc- management of fish, wildlife, plants, and 3709) is amended— tion of, the Board as the chief executive offi- other natural resources.’’. cer of the Foundation; and (1) in subsection (a), by striking paragraph (d) LIMITATION ON AUTHORITY.—Section 11 (1) and inserting the following: ‘‘(ii) knowledgeable and experienced in of the National Fish and Wildlife Foundation ‘‘(1) IN GENERAL.—There are authorized to matters relating to fish and wildlife con- Establishment Act (16 U.S.C. 3710) is amend- servation.’’. be appropriated to carry out this Act for ed by inserting ‘‘exclusive’’ before ‘‘author- (2) CONFORMING AMENDMENT.—Section each of fiscal years 2012 through 2017— ity’’. 4(a)(1)(B) of the North American Wetlands ‘‘(A) $20,000,000 to the Secretary of the In- Conservation Act (16 U.S.C. 4403(a)(1)(B)) is terior; SEC. 13704. MULTINATIONAL SPECIES CONSERVA- amended by striking ‘‘Secretary of the ‘‘(B) $5,000,000 to the Secretary of Agri- TION FUNDS SEMIPOSTAL STAMP. Board’’ and inserting ‘‘Executive Director of culture; and Section 2(c) of the Multinational Species the Board’’. ‘‘(C) $5,000,000 to the Secretary of Com- Conservation Funds Semipostal Stamp Act (b) RIGHTS AND OBLIGATIONS OF THE FOUN- merce.’’; of 2010 (Public Law 111–241; 39 U.S.C. 416 DATION.—Section 4 of the National Fish and (2) in subsection (b)— note) is amended— Wildlife Foundation Establishment Act (16 (A) by striking paragraph (1) and inserting (1) in paragraph (2), by striking ‘‘2 years’’ U.S.C. 3703) is amended— the following: and inserting ‘‘6 years’’; and (1) in subsection (c)— ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— (2) by adding at the end the following: (A) by striking ‘‘(c) POWERS.—To carry out ‘‘(A) IN GENERAL.—In addition to the ‘‘(5) STAMP DEPICTIONS.—Members of the its purposes under’’ and inserting the fol- amounts authorized to be appropriated under public shall be offered a choice of 5 stamps lowing: subsection (a), Federal departments, agen- under this Act, depicting an African ele- ‘‘(c) POWERS.— cies, or instrumentalities may provide funds phant or an Asian elephant, a rhinoceros, a ‘‘(1) IN GENERAL.—To carry out the pur- to the Foundation, subject to the condition tiger, a marine turtle, and a great ape, re- poses described in’’; that the amounts are used for purposes that spectively.’’. (B) by redesignating paragraphs (1) further the conservation and management of SEC. 13705. MULTINATIONAL SPECIES CONSERVA- through (11) as subparagraphs (A) through fish, wildlife, plants, and other natural re- TION FUNDS REAUTHORIZATIONS. (K), respectively, and indenting appro- sources in accordance with this Act. (a) AFRICAN ELEPHANTS.—Section 2306(a) of priately; ‘‘(B) ADVANCES.—Federal departments, the African Elephant Conservation Act (16 (C) in subparagraph (D) (as redesignated by agencies, or instrumentalities may advance U.S.C. 4245(a)) is amended by striking ‘‘2007 subparagraph (B)), by striking ‘‘that are in- amounts described in subparagraph (A) to through 2012’’ and inserting ‘‘2012 through sured by an agency or instrumentality of the the Foundation in a lump sum without re- 2017’’. United States’’ and inserting ‘‘at 1 or more gard to when the expenses for which the (b) ASIAN ELEPHANTS.—Section 8(a) of the financial institutions that are members of amounts are used are incurred. Asian Elephant Conservation Act of 1997 (16 the Federal Deposit Insurance Corporation ‘‘(C) MANAGEMENT FEES.—The Foundation U.S.C. 4266(a)) is amended by striking ‘‘2007 or the Securities Investment Protection Cor- may assess and collect fees for the manage- through 2012’’ and inserting ‘‘2012 through poration’’; ment of amounts received under this para- 2017’’. (D) in subparagraph (E) (as redesignated by graph.’’; (c) RHINOCEROS AND TIGERS.—Section 10(a) subparagraph (B)), by striking ‘‘paragraph (3) (B) in paragraph (2)— of the Rhinoceros and Tiger Conservation or (4)’’ and inserting ‘‘subparagraph (C) or (i) in the paragraph heading, by striking Act of 1994 (16 U.S.C. 5306(a)) is amended by (D)’’; ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; striking ‘‘2007 through 2012’’ and inserting (E) in subparagraph (J) (as redesignated by (ii) by striking ‘‘shall be used’’ and insert- ‘‘2012 through 2017’’. subparagraph (B)), by striking ‘‘; and’’ and ing ‘‘may be used’’; and (d) GREAT APES.—Section 6 of the Great inserting a semicolon; (iii) by striking ‘‘and State and local gov- Ape Conservation Act of 2000 (16 U.S.C. 6305) (F) by striking subparagraph (K) (as redes- ernment agencies’’ and inserting ‘‘, State is amended by striking ‘‘2006 through 2010’’ ignated by subparagraph (B)) and inserting and local government agencies, and other en- and inserting ‘‘2012 through 2017’’. the following: tities’’; and (e) MARINE TURTLES.—Section 7 of the Ma- ‘‘(K) to receive and administer restitution (C) by adding at the end the following: rine Turtle Conservation Act of 2004 (16 DMINISTRATION OF AMOUNTS.— and community service payments, amounts ‘‘(3) A U.S.C. 6606) is amended by striking ‘‘2005 ‘‘(A) IN GENERAL.—In entering into con- for mitigation of impacts to natural re- through 2009’’ and inserting ‘‘2012 through tracts, agreements, or other partnerships sources, and other amounts arising from 2017’’. legal, regulatory, or administrative pro- pursuant to this Act, a Federal department, ceedings, subject to the condition that the agency, or instrumentality shall have discre- SEC. 13706. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT. amounts are received or administered for tion to waive any competitive process of purposes that further the conservation and that department, agency, or instrumentality Section 10 of the Neotropical Migratory management of fish, wildlife, plants, and for entering into contracts, agreements, or Bird Conservation Act (16 U.S.C. 6109) is other natural resources; and partnerships with the Foundation if the pur- amended to read as follows: ‘‘(L) to do any and all acts necessary and pose of the waiver is— ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. proper to carry out the purposes of the Foun- ‘‘(i) to address an environmental emer- ‘‘(a) IN GENERAL.—There is authorized to dation.’’; and gency resulting from a natural or other dis- be appropriated to carry out this Act (G) by striking the undesignated matter at aster; or $6,500,000 for each of fiscal years 2012 through the end and inserting the following: ‘‘(ii) as determined by the head of the ap- 2017. ‘‘(2) TREATMENT OF REAL PROPERTY.— plicable Federal department, agency, or in- ‘‘(b) USE OF FUNDS.—Of the amounts made ‘‘(A) IN GENERAL.—For purposes of this strumentality, to reduce administrative ex- available under subsection (a) for each fiscal Act, an interest in real property shall be penses and expedite the conservation and year, not less than 75 percent shall be ex- treated as including easements or other management of fish, wildlife, plants, and pended for projects carried out at a location rights for preservation, conservation, protec- other natural resources. outside of the United States.’’.

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FEDERAL LAND TRANSACTION FA- cially available uniform end product of a ‘‘(II) the project will assist supplemental CILITATION ACT. publicly funded breeding program that— nutritional assistance program beneficiaries The Federal Land Transaction Facilitation ‘‘(i) has been sufficiently tested to dem- in meeting Federal nutrition guidelines; Act is amended— onstrate improved characteristics and stable ‘‘(ii) that will be developed using a public (1) in section 203(2) (43 U.S.C. 2302(2)), by performance; and process that shall include— striking ‘‘on the date of enactment of this ‘‘(ii) remains in the public domain for re- ‘‘(I) representatives of agricultural pro- Act was’’ and inserting ‘‘is’’; search purposes. ducers, program beneficiaries, anti-hunger (2) in section 205 (43 U.S.C. 2304)— ‘‘(C) PUBLIC CULTIVAR.—The term ‘public advocates, and public health groups; and (A) in subsection (a), by striking ‘‘this cultivar’ means a cultivar that is the com- ‘‘(II) solicitation of substantial public Act’’ and inserting ‘‘the Sportsmen’s Act of mercially available uniform end product of a input for a period of not less than 90 days; 2012’’; and publicly funded breeding program that— and (B) in subsection (d), by striking ‘‘11’’ and ‘‘(i) has been sufficiently tested to dem- ‘‘(iii) for which the responsible State or inserting ‘‘21’’; onstrate improved characteristics and stable local authority guarantees that the State or (3) in section 206 (43 U.S.C. 2305), by strik- performance; and local authority will maintain cost neutrality ing subsection (f); and ‘‘(ii) remains in the public domain for re- for the duration of the project. (4) in section 207(b) (43 U.S.C. 2306(b))— search purposes.’’; ‘‘(C) DURATION.— (A) in paragraph (1)— (2) in subsection (b)— ‘‘(i) IN GENERAL.—Subject to clauses (ii) (i) by striking ‘‘96–568’’ and inserting ‘‘96– (A) in paragraph (2)— and (iii), a pilot project under this paragraph 586’’; and (i) in subparagraph (A)(iii), by striking shall be authorized for not more than 5 (ii) by striking ‘‘; or’’ and inserting a semi- ‘‘conventional breeding, including cultivar years. colon; and breed development,’’ and inserting ‘‘pub- ‘‘(ii) REPORT.—As soon as practicable after (B) in paragraph (2)— lic cultivar development through conven- the end of the 3-calendar-year period begin- (i) by inserting ‘‘Public Law 105–263;’’ be- tional breeding with no requirement or pref- ning on the date of implementation of a pilot fore ‘‘112 Stat.’’; and erence for the use of marker-assisted or project under this paragraph, the Secretary (ii) by striking the period at the end and genomic selection methods, including’’; and shall issue a comprehensive report that as- inserting a semicolon; and (ii) in subparagraph (B)(iv), by striking sesses whether or not the pilot project has (C) by adding at the end the following: ‘‘conventional breeding, including breed de- met or will meet the stated goals of the ‘‘(3) the White Pine County Conservation, velopment,’’ and inserting ‘‘public breed de- project. Recreation, and Development Act of 2006 velopment through conventional breeding ‘‘(iii) POSITIVE DETERMINATION.—Only if the (Public Law 109–432; 120 Stat. 3028); with no requirement or preference for the Secretary makes a positive determination in ‘‘(4) the Lincoln County Conservation, use of marker-assisted or genomic selection the report described in clause (ii) shall the Recreation, and Development Act of 2004 methods, including’’; and pilot program continue for the remainder of (Public Law 108–424; 118 Stat. 2403); (B) in paragraph (11)(A)— the 5-year authorization. ‘‘(5) subtitle F of title I of the Omnibus (i) in the matter preceding clause (i), by ‘‘(D) WAIVER.— Public Land Management Act of 2009 (16 striking ‘‘2012’’ and inserting ‘‘2017’’; ‘‘(i) IN GENERAL.—Except as provided in U.S.C. 1132 note; Public Law 111–11); (ii) in clause (i), by striking ‘‘and’’ at the clause (ii), the Secretary may waive any re- ‘‘(6) subtitle O of title I of the Omnibus end; quirement of this Act to the extent nec- Public Land Management Act of 2009 (16 (iii) in clause (ii), by striking the period at essary to carry out a project under this para- U.S.C. 460www note, 1132 note; Public Law the end and inserting ‘‘; and’’; and graph. 111–11); (iv) by adding at the end the following: ‘‘(ii) LIMITATION.—A waiver granted under ‘‘(7) section 2601 of the Omnibus Public ‘‘(iii) not less than 5 percent shall be made clause (i) shall not reduce the eligibility for, Land Management Act of 2009 (Public Law available to make grants for research on or amount of, benefits available to recipients 111–11; 123 Stat. 1108); or conventional plant and animal breeding as under this Act. ‘‘(8) section 2606 of the Omnibus Public described in paragraph (2).’’; and ‘‘(iii) REQUIREMENT.—The Secretary shall Land Management Act of 2009 (Public Law On page 829, line 19, strike ‘‘(2)’’ and insert approve or deny any waiver request made by 111–11; 123 Stat. 1121).’’. ‘‘(3)’’. a State for a project under this paragraph not later than 60 days after the date on Mrs. FEINSTEIN submitted SA 2233. SA 2235. Mr. WYDEN submitted an which the Secretary receives the request.’’. an amendment intended to be proposed amendment intended to be proposed by Ms. MURKOWSKI (for her- by her to the bill S. 3240, to reauthorize him to the bill S. 3240, to reauthorize SA 2236. self and Mr. BEGICH) submitted an agricultural programs through 2017, agricultural programs through 2017, amendment intended to be proposed by and for other purposes; which was or- and for other purposes; which was or- her to the bill S. 3240, to reauthorize dered to lie on the table; as follows: dered to lie on the table; as follows: On page 953, strike line 8 and insert the fol- agricultural programs through 2017, On page 335, between lines 8 and 9, insert lowing: and for other purposes; which was or- the following: cy. dered to lie on the table; as follows: ‘‘(G) REFERENCE PRICES.—Beginning with SEC. 4011. IMPROVING NUTRITION PILOT PROJECTS. At the end of subtitle C of title VI, add the the 2014 reinsurance year, the Corporation following: shall, through the Standard Reinsurance Section 17(b) of the Food and Nutrition Act SEC. 6203. LOANS UNDER SECTION 502 OF THE Agreement, calculate the reimbursement of of 2008 (7 U.S.C. 2026(b)) is amended by adding at the end the following: HOUSING ACT OF 1949 FOR DWELL- administrative and operating costs using ref- INGS WITH WATER CATCHMENT OR erence prices for covered commodities (as de- ‘‘(4) IMPROVING NUTRITION PILOT CISTERN SYSTEMS. fined in section 1104 of the Agriculture Re- PROJECTS.— Section 502(a) of the Housing Act of 1949 (42 form, Food, and Jobs Act of 2012) based on ‘‘(A) IN GENERAL.—As soon as practicable U.S.C. 1472(a)) is amended by adding at the the average prices for the 1999 through 2008 after the date of enactment of this para- end the following: crop years, as determined by the Corpora- graph, after providing notice but without re- ‘‘(4) The Secretary may not deny an appli- tion, in a manner that is budget neutral.’’. gard to subchapter II of chapter 5, and chap- cation for a loan under this section solely on ter 7, of title 5, United States Code (com- the basis that the application relates to a SA 2234. Mr. TESTER submitted an monly known as the ‘Administrative Proce- dwelling with a holding tank, water amendment intended to be proposed by dure Act’), the Secretary shall carry out on catchment or cistern system.’’. him to the bill S. 3240, to reauthorize a trial basis in 5 or more States pilot projects to test program changes designed— SA 2237. Mr. CASEY submitted an agricultural programs through 2017, ‘‘(i) to improve the nutrition of supple- and for other purposes; which was or- amendment intended to be proposed by mental nutrition assistance program bene- him to the bill S. 3240, to reauthorize dered to lie on the table; as follows: ficiaries; or On page 829, strike lines 16 through 18 and ‘‘(ii) to assist the beneficiaries in meeting agricultural programs through 2017, insert the following: Federal nutrition guidelines. and for other purposes; which was or- (1) in subsection (a), by adding at the end ‘‘(B) PROJECT APPROVAL REQUIREMENTS.—In dered to lie on the table; as follows: the following: selecting pilot projects under this paragraph, On page 387, strike lines 4 through 6 and in- ‘‘(3) DEFINITIONS.—In this section: the Secretary shall give priority to sert the following: ‘‘(A) CONVENTIONAL BREEDING.—The term projects— ‘‘(2) EXCLUSIONS.—In this subsection, the ‘conventional breeding’ means the develop- ‘‘(i) that provide a reasonable expectation term ‘‘direct operating loan’’ shall not in- ment of new varieties of an organism that— clude— through controlled mating and selection ‘‘(I) under the project, the nutritional ‘‘(A) a loan made to a youth under sub- without the use of transgenic methods. value of food purchased with supplemental section (d); or ‘‘(B) PUBLIC BREED.—The term ‘public nutritional assistance program benefits will ‘‘(B) a local market loan, as defined by the breed’ means a breed that is the commer- increase; or Secretary.

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3868 CONGRESSIONAL RECORD — SENATE June 7, 2012 On page 389, line 18, insert ‘‘(including a 2008 (Public Law 110–246; 122 Stat. 1726), or ‘‘SEC. 2664. TERMINATION. local market loan, as defined by the Sec- documents of the Commission, to conduct all ‘‘This chapter shall not apply to genera- retary)’’ after ‘‘A direct loan’’. or part of the study. tion-skipping transfers on or after the date On page 393, line 7, strike ‘‘The Secretary’’ (3) REPORT.—Not later than 180 days after of the enactment of the Agriculture Reform, and insert ‘‘Except as provided in paragraph the date of enactment of this Act, the Sec- Food, and Jobs Act of 2012.’’. (3), the Secretary’’. retary shall submit to the Committee on Ag- (3) CONFORMING AMENDMENTS.— On page 394, between lines 6 and 7, insert riculture of the House of Representatives (A) The table of sections for subchapter C the following: and the Committee on Agriculture, Nutri- of chapter 11 of such Code is amended by add- ‘‘(3) LOCAL MARKET LOANS.—The Secretary tion, and Forestry of the Senate a report ing at the end the following new item: shall not make or guarantee a local market that describes the results of the study re- loan (as defined by the Secretary) under this quired under this subsection, including any ‘‘Sec. 2210. Termination.’’. title if the local market loan would result in recommendations. (B) The table of sections for subchapter G the total principal indebtedness outstanding of chapter 13 of such Code is amended by add- at any 1 time for a local market loan made Mr. HARKIN submitted an ing at the end the following new item: SA 2239. ‘‘Sec. 2664. Termination.’’. under this title to any 1 borrower to exceed amendment intended to be proposed by $50,000. (4) RESTORATION OF PRE-EGTRRA PROVISIONS On page 395, line 22, insert ‘‘(including a him to the bill S. 3240, to reauthorize NOT APPLICABLE.— local market loan)’’ after ‘‘a direct loan’’. agricultural programs through 2017, (A) IN GENERAL.—Section 301 of the Tax Re- On page 488, between lines 13 and 14, insert and for other purposes; which was or- lief, Unemployment Insurance Reauthoriza- the following: dered to lie on the table; as follows: tion, and Job Creation Act of 2010 shall not ‘‘(3) LOCAL MARKET LOANS.—In the case of On page 832, line 6, strike ‘‘$50,000,000’’ and apply to estates of decedents dying, and a local market loan made or granted under insert ‘‘$100,000,000’’. transfers made, on or after the date of the this title, the Secretary shall contract with enactment of this Act. community-based nongovernmental organi- Mr. THUNE (for himself, Mr. (B) EXCEPTION FOR STEPPED-UP BASIS.— zations or other appropriate partners, as de- SA 2240. Paragraph (1) shall not apply to the provi- termined by the Secretary— GRAHAM, Mr. RUBIO, and Mr. BOOZMAN) sions of law amended by subtitle E of title V ‘‘(A) to assist borrowers in successfully submitted an amendment intended to of the Economic Growth and Tax Relief Rec- identifying and meeting local market oppor- be proposed by him to the bill S. 3240, onciliation Act of 2001 (relating to carryover tunities; to reauthorize agricultural programs basis at death; other changes taking effect ‘‘(B) to provide technical assistance to bor- through 2017, and for other purposes; with repeal). rowers; and which was ordered to lie on the table; (5) SUNSET NOT APPLICABLE.— ‘‘(C) to provide business management and as follows: (A) Section 901 of the Economic Growth credit counseling services to borrowers. and Tax Relief Reconciliation Act of 2001 On page 523, line 9, insert ‘‘(including a At the appropriate place, insert the fol- shall not apply to title V of such Act in the local market loan, as defined by the Sec- lowing: case of estates of decedents dying, and trans- retary)’’ before ‘‘under section 3201’’. SEC. llll. PERMANENT ESTATE TAX REPEAL. fers made, on or after the date of the enact- (a) IN GENERAL.— ment of this Act. SA 2238. Mr. CASEY submitted an (1) ESTATE TAX REPEAL.—Subchapter C of (B) Section 304 of the Tax Relief, Unem- amendment intended to be proposed by chapter 11 of subtitle B of the Internal Rev- ployment Insurance Reauthorization, and him to the bill S. 3240, to reauthorize enue Code of 1986 is amended by adding at Job Creation Act of 2010 is hereby repealed. agricultural programs through 2017, the end the following new section: (6) EFFECTIVE DATE.—The amendments and for other purposes; which was or- ‘‘SEC. 2210. TERMINATION. made by this subsection shall apply to the estates of decedents dying, and generation- dered to lie on the table; as follows: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this chapter shall not apply skipping transfers, after the date of the en- On page 110, line 7, strike ‘‘no less’’ and in- actment of this Act. sert ‘‘more’’. to the estates of decedents dying on or after On page 110, line 22, strike ‘‘no less’’ and the date of the enactment of the Agriculture (b) MODIFICATIONS OF GIFT TAX.— insert ‘‘more’’. Reform, Food, and Jobs Act of 2012. (1) COMPUTATION OF GIFT TAX.—Subsection On page 112, after line 21, add the fol- ‘‘(b) CERTAIN DISTRIBUTIONS FROM QUALI- (a) of section 2502 of the Internal Revenue lowing: FIED DOMESTIC TRUSTS.—In applying section Code of 1986 is amended to read as follows: (c) STUDY.— 2056A with respect to the surviving spouse of ‘‘(a) COMPUTATION OF TAX.— (1) IN GENERAL.—The Secretary shall con- a decedent dying before the date of the en- ‘‘(1) IN GENERAL.—The tax imposed by sec- duct a study of the feasibility of establishing actment of the Agriculture Reform, Food, tion 2501 for each calendar year shall be an 2 classes of milk, a fluid class and a manu- and Jobs Act of 2012— amount equal to the excess of— facturing class, to replace the 4-class system ‘‘(1) section 2056A(b)(1)(A) shall not apply ‘‘(A) a tentative tax, computed under para- in effect on the date of enactment of this Act to distributions made after the 10-year pe- graph (2), on the aggregate sum of the tax- in administering Federal milk marketing or- riod beginning on such date, and able gifts for such calendar year and for each ders. ‘‘(2) section 2056A(b)(1)(B) shall not apply of the preceding calendar periods, over (2) FEDERAL MILK MARKET ORDER REVIEW on or after such date.’’. ‘‘(B) a tentative tax, computed under para- COMMISSION.—The Secretary may elect to use (2) GENERATION-SKIPPING TRANSFER TAX RE- graph (2), on the aggregate sum of the tax- the Federal Milk Market Order Review Com- PEAL.—Subchapter G of chapter 13 of subtitle able gifts for each of the preceding calendar mission established under section 1509(a) of B of such Code is amended by adding at the periods. the Food, Conservation, and Energy Act of end the following new section: ‘‘(2) RATE SCHEDULE.—

‘‘If the amount with respect to which the tentative tax to be computed is: ...... The tentative tax is: Not over $10,000 ...... 18% of such amount. Over $10,000 but not over $20,000 ...... $1,800, plus 20% of the ex- cess over $10,000. Over $20,000 but not over $40,000 ...... $3,800, plus 22% of the ex- cess over $20,000. Over $40,000 but not over $60,000 ...... $8,200, plus 24% of the ex- cess over $40,000. Over $60,000 but not over $80,000 ...... $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 ...... $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 ...... $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 ...... $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000 ...... $70,800, plus 34% of the excess over $250,000. Over $500,000 ...... $155,800, plus 35% of the excess of $500,000.’’.

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(2) TREATMENT OF CERTAIN TRANSFERS IN ricultural cooperative employees, or agricul- (2) in paragraph (4), by striking the period TRUST.—Section 2511 of such Code is amended tural producers from the requirement to ob- at the end and inserting ‘‘; and’’; and by adding at the end the following new sub- tain a hazardous material endorsement (3) by inserting after paragraph (4) the fol- section: under part 383 of title 49, Code of Federal lowing: ‘‘(c) TREATMENT OF CERTAIN TRANSFERS IN Regulations, while operating a service vehi- ‘‘(5) a public or private nonprofit food pur- TRUST.—Notwithstanding any other provi- cle carrying diesel fuel in quantities of 3,785 chasing and delivery service that— sion of this section and except as provided in liters (1,000 gallons) or less if the tank con- ‘‘(A) purchases food for, and delivers the regulations, a transfer in trust shall be taining such fuel is clearly marked with a food to, individuals who are— treated as a taxable gift under section 2503, placard reading ‘Diesel Fuel’.’’. ‘‘(i) unable to shop for food; and unless the trust is treated as wholly owned ‘‘(ii)(I) not less than 60 years of age; or by the donor or the donor’s spouse under sub- SA 2242. Mr. NELSON of Nebraska ‘‘(II) individuals with disabilities; part E of part I of subchapter J of chapter (for himself, Mr. JOHANNS, Mr. JOHNSON ‘‘(B) clearly notifies the participating 1.’’. household at the time the household places a of South Dakota, and Mr. MORAN) sub- (3) LIFETIME GIFT EXEMPTION.—Paragraph food order— (1) of section 2505(a) of such Code is amended mitted an amendment intended to be ‘‘(i) of any delivery fee associated with the to read as follows: proposed by him to the bill S. 3240, to food purchase and delivery provided to the ‘‘(1) the amount of the tentative tax which reauthorize agricultural programs household by the service; and would be determined under the rate schedule through 2017, and for other purposes; ‘‘(ii) that a delivery fee cannot be paid set forth in section 2502(a)(2) if the amount which was ordered to lie on the table; with benefits provided under the supple- with respect to which such tentative tax is as follows: mental nutrition assistance program; and to be computed were $5,000,000, reduced by’’. ‘‘(C) sells food purchased for the household At the end of subtitle C of title XII, add (4) CONFORMING AMENDMENTS.— at the price paid by the service for the food the following: (A) Section 2505(a) of such Code is amended without any additional cost markup.’’. by striking the last sentence. SEC. 12207. DEFINITION OF RURAL AREA FOR (b) ISSUANCE OF REGULATIONS.—Not later PURPOSES OF THE HOUSING ACT OF than 1 year after the date of enactment of (B) The heading for section 2505 of such 1949. Code is amended by striking ‘‘unified’’. this Act, the Secretary shall issue regula- The second sentence of section 520 of the tions that— (C) The item in the table of sections for Housing Act of 1949 (42 U.S.C. 1490) is amend- subchapter A of chapter 12 of such Code re- (1) establish criteria to identify a food pur- ed— chasing and delivery service described in sec- lating to section 2505 is amended to read as (1) by striking ‘‘1990 or 2000 decennial cen- follows: tion 3(p)(5) of the Food and Nutrition Act of sus shall continue to be so classified until 2008 (as added by subsection (a)(3)); and ‘‘Sec. 2505. Credit against gift tax.’’. the receipt of data from the decennial census FFECTIVE DATE.—The amendments (2) establish procedures to ensure that the (5) E in the year 2010’’ and inserting ‘‘1990, 2000, or made by this subsection shall apply to gifts service— 2010 decennial census, and any area deemed made on or after the date of the enactment (A) does not charge more for a food item to be a ‘rural area’ for purposes of this title of this Act. than the price paid by the service for the under any other provision of law at any time (6) TRANSITION RULE.— food item; during the period beginning January 1, 2000, (B) offers food delivery service at no or low (A) IN GENERAL.—For purposes of applying and ending December 31, 2010, shall continue sections 1015(d), 2502, and 2505 of the Internal cost to households under that Act; to be so classified until the receipt of data Revenue Code of 1986, the calendar year in (C) ensures that benefits provided under from the decennial census in the year 2020’’; which this Act is enacted shall be treated as the supplemental nutrition assistance pro- and 2 separate calendar years one of which ends gram are used only to purchase food, as de- (2) by striking ‘‘25,000’’ and inserting on the day before the date of the enactment fined in section 3 of that Act (7 U.S.C. 2012); ‘‘35,000’’. of this Act and the other of which begins on (D) limits the purchase of food, and the de- such date of enactment. livery of the food, to households eligible to SA 2243. Mr. NELSON of Nebraska receive services described in section 3(p)(5) of (B) APPLICATION OF SECTION 2504(b).—For purposes of applying section 2504(b) of the In- submitted an amendment intended to that Act (as added by subsection (a)(3)); ternal Revenue Code of 1986, the calendar be proposed by him to the bill S. 3240, (E) has established adequate safeguards year in which this Act is enacted shall be to reauthorize agricultural programs against fraudulent activities, including un- treated as one preceding calendar period. through 2017, and for other purposes; authorized use of electronic benefit cards which was ordered to lie on the table; issued under that Act; and (F) such other requirements as the Sec- SA 2241. Mr. NELSON of Nebraska as follows: submitted an amendment intended to retary considers appropriate. On page 335, between lines 8 and 9, insert (c) LIMITATION.—Before the issuance of reg- be proposed by him to the bill S. 3240, the following: ulations under subsection (b), the Secretary to reauthorize agricultural programs SEC. 4011. PERFORMANCE BONUS PAYMENTS. may not approve more than 20 food pur- through 2017, and for other purposes; Section 16(d) of the Food and Nutrition Act chasing and delivery services described in which was ordered to lie on the table; of 2008 (7 U.S.C. 2025(d)) is amended by adding section 3(p)(5) of the Food and Nutrition Act as follows: at the end the following: of 2008 (as added by subsection (a)(3)) to par- At the appropriate place, insert the fol- ‘‘(5) USE OF PERFORMANCE BONUS PAY- ticipate as retail food stores under the sup- lowing: MENTS.—A State agency may use a perform- plemental nutrition assistance program. (d) EFFECTIVE DATE.—This section and the SEC. lll. HAZARDOUS MATERIAL ENDORSE- ance bonus payment received under this sub- amendments made by this section take ef- MENT EXEMPTION. section only to carry out the program estab- fect on the date that is 30 days after the date (a) EXCLUSION.—Section 5117(d)(1) of title lished under this Act, including investments of the enactment of this Act. 49, United States Code, is amended— in— (1) in subparagraph (B), by striking ‘‘and’’ ‘‘(A) technology; SA 2245. Mr. HARKIN (for himself at the end; ‘‘(B) improvements in administration and and Mr. CASEY) submitted an amend- (2) in subparagraph (C), by striking the pe- distribution; and riod at the end and inserting ‘‘; and’’; and ‘‘(C) actions to prevent fraud, waste, and ment intended to be proposed by him (3) by adding at the end the following: abuse.’’. to the bill S. 3240, to reauthorize agri- ‘‘(D) a service vehicle carrying diesel fuel cultural programs through 2017, and for in quantities of 3,785 liters (1,000 gallons) or SA 2244. Mr. FRANKEN submitted an other purposes; which was ordered to less that is— amendment intended to be proposed by lie on the table; as follows: ‘‘(i) driven by a Class A commercial driv- him to the bill S. 3240, to reauthorize On page 387, strike lines 4 through 6, and er’s license holder who is a custom har- agricultural programs through 2017, insert the following: vester, an agricultural retailer, an agricul- and for other purposes; which was or- ‘‘(2) EXCEPTIONS.—In this subsection, the tural business employee, an agricultural co- term ‘direct operating loan’ shall not in- operative employee, or an agricultural pro- dered to lie on the table; as follows: clude— ducer; and On page 312, between lines 3 and 4, insert ‘‘(A) a loan made to a youth under sub- ‘‘(ii) clearly marked with a placard reading the following: section (d); or ‘Diesel Fuel’.’’. SEC. 4001. ENHANCING SERVICES TO ELDERLY ‘‘(B) a microloan made to a young begin- (b) EXEMPTION.—Section 31315(b) of title 49, AND INDIVIDUALS WITH DISABIL- ning farmer or rancher or a military veteran United States Code, is amended by adding at ITIES SUPPLEMENTAL NUTRITION farmer, as defined by the Secretary.’’. the end the following: ASSISTANCE PROGRAM RECIPIENTS. On page 389, line 18, insert ‘‘(including a ‘‘(8) HAZARDOUS MATERIALS ENDORSEMENT (a) IN GENERAL.—Section 3(p) of the Food microloan, as defined by the Secretary)’’ EXEMPTION.—The Secretary shall exempt all and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is after ‘‘A direct loan’’. Class A commercial driver’s license holders amended— On page 393, line 7, strike ‘‘The Secretary’’ who are custom harvesters, agricultural re- (1) in paragraph (3), by striking ‘‘and’’ at and insert ‘‘Except as provided in subsection tailers, agricultural business employees, ag- the end; (c), the Secretary’’.

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.055 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3870 CONGRESSIONAL RECORD — SENATE June 7, 2012 On page 394, between lines 16 and 17, insert meet during the session of the Senate tankers for emergency wildfire sup- the following: on June 7, 2012, at 2:30 p.m. pression operations. ‘‘(c) MICROLOANS.— The PRESIDING OFFICER. Without Congress, the Forest Service, and ‘‘(1) IN GENERAL.—Subject to paragraph (2), objection, it is so ordered. communities sensitive to fire have the Secretary may establish a program to known for a decade that we need to re- make or guarantee microloans. SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR ‘‘(2) LIMITATION.—The Secretary shall not SAFETY tire old air tankers. The tragic deaths make or guarantee a microloan under this Mr. REID. Mr. President, I ask unan- this past weekend of two Forest Serv- chapter that would cause the total principal imous consent that the Subcommittee ice contractors in an air tanker crash, indebtedness outstanding at any 1 time for on Clean Air and Nuclear Safety of the and a crash landing at the Minden- microloans made under this chapter to any 1 Committee on Environment and Public Tahoe Airport near Carson City, re- borrower to exceed $35,000. Works be authorized to meet during mind us that further delay is unaccept- ‘‘(3) APPLICATIONS.—To the maximum ex- able. tent practicable, the Secretary shall limit the session of the Senate on June 7, 2012, at 10 a.m. in Dirksen 406 to con- First, I would like to express my deep the administrative burdens and streamline sorrow over the deaths of the two For- the application and approval process for duct a hearing entitled, ‘‘Recommenda- est Service contractors. Todd Tomp- microloans under this subsection. tions from the Blue Ribbon Commis- kins and Ronnie Edwin Chambless were ‘‘(4) COOPERATIVE LENDING PROJECTS.— sion on America’s Nuclear Future for a killed on Sunday as they dropped flame ‘‘(A) IN GENERAL.—Subject to subparagraph Consent-Based Approach to Siting Nu- retardant from their P–2V7 heavy air (B), the Secretary may contract with com- clear Waste Storage and Management munity-based and nongovernmental organi- tanker on the White Rock fire. At its Facilities.’’ zations, State entities, or other inter- highest point, the fire was ravaging The PRESIDING OFFICER. Without mediaries, as the Secretary determines ap- nearly 5,000 acres in western Utah and objection, it is so ordered. propriate— southeastern Nevada, including sage- ‘‘(i) to make or guarantee a microloan SUBCOMMITTEE ON WESTERN HEMISPHERE, brush and other grasses in Lincoln under this subsection; and PEACE CORPS, AND GLOBAL NARCOTICS County, NV. ‘‘(ii) to provide business, financial, mar- Mr. REID. Mr. President, I ask unan- keting, and credit management services to Between the two of them, Captain imous consent that the Committee on Tompkins and First Officer Chambless borrowers. Foreign Relations be authorized to ‘‘(B) REQUIREMENTS.—Before contracting had been flying for nearly three dec- with an entity described in subparagraph meet during the session of the Senate ades, including over a decade fighting (A), the Secretary— on June 7, 2012, at 10:45 a.m., to hold a fires. Captain Tompkins said he liked ‘‘(i) shall review and approve— Western Hemisphere, Peace Corps, and his work because it helped save com- ‘‘(I) the loan loss reserve fund for Global Narcotics Affairs subcommittee munities and lives. Sadly, when he microloans established by the entity; and hearing entitled, ‘‘The Path to Free- went into that mission on Sunday, he ‘‘(II) the underwriting standards for dom: Countering Repression and could not save his own. microloans of the entity; and Strengthening Civil Society in Cuba.’’ My State has incurred much devasta- ‘‘(ii) establish such other requirements for The PRESIDING OFFICER. Without contracting with the entity as the Secretary tion from wildfires in recent years. determines necessary. objection, it is so ordered. These blazes have destroyed homes, On page 395, line 22, insert ‘‘a microloan to f displaced families and businesses, and a beginning farmer or rancher or military wiped out both critical wildlife habitat veteran farmer or’’ before ‘‘a direct loan’’. PRIVILEGES OF THE FLOOR and productive grazing lands. f Mr. REID. Mr. President, I ask unan- Of course, without the brave work of the air tanker pilots dispatched to bat- AUTHORITY FOR COMMITTEES TO imous consent that Nathan Engle, a tle these fires, the damage could have MEET legislative fellow in my office, be granted floor privileges for the consid- been much worse. It is therefore crit- COMMITTEE ON INDIAN AFFAIRS eration of S. 3240. ical that we help ensure these coura- Mr. REID. Mr. President, I ask unan- The ACTING PRESIDENT pro tem- geous men and women have the tools imous consent that the Committee on pore. Without objection, so ordered. they need to conduct their important Indian Affairs be authorized to meet Ms. STABENOW. Mr. President, I ask public safety work and preserve their during the session of the Senate on unanimous consent that the following own lives. June 7, 2012, in room SD–628 of the detailees: Maureen James, Marcus Gra- Today, we are asking for unanimous Dirksen Senate Office Building, at 2:15 ham, and Kevin Norton, be granted consent for Senate passage of legisla- p.m., to conduct a hearing entitled floor privileges for the duration of the tion introduced by Senators WYDEN ‘‘Universal Service Fund Reform: En- consideration of S. 3240, the Agri- and BINGAMAN, S. 3261, which would suring a Sustainable and Connected culture Reform, Food and Jobs Act. allow the Forest Service to quickly Future for Native Communities.’’ The ACTING PRESIDENT pro tem- complete the contracting process for The PRESIDING OFFICER. Without pore. Without objection, it is so or- acquiring at least seven new large air objection, it is so ordered. dered. tankers to fight wildfires during the COMMITTEE ON THE JUDICIARY 2012 and 2013 fire seasons. f Mr. REID. Mr. President, I ask unan- The Forest Service is contending imous consent that the Committee on TO ALLOW THE CHIEF OF THE with an aging fleet of aircraft. The the Judiciary be authorized to meet FOREST SERVICE TO AWARD agency is working with planes that were designed for combat in the Korean during the session of the Senate, on CERTAIN CONTRACTS FOR War. Finding parts for tankers a half- June 7, 2012, at 10 a.m., in SD–226 of the LARGE AIR TANKERS century old is difficult, leading them Dirksen Senate Office Building, to con- Mr. REID. I ask unanimous consent to be grounded for long periods of duct an executive business meeting. that the Agriculture Committee be dis- times when repairs are needed. The PRESIDING OFFICER. Without charged from further consideration of The Forest Service has said it needs objection, it is so ordered. S. 3261. between 18 and 28 new air tankers for SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without optimal response to emergency re- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. sponse to wildfires. Today, however, imous consent that the Select Com- The clerk will report the bill by title. there are only nine Forest Service mittee on Intelligence be authorized to The legislative clerk read as follows: tankers deemed airworthy to fight fires meet during the session of the Senate A bill (S. 3261) to allow the Chief of the during what is expected to be a terrible on June 7, 2012, at 11:30 a.m. Forest Service to award certain contracts for fire season. If we act promptly, Con- The PRESIDING OFFICER. Without large air tankers. gress has the opportunity to help the objection, it is so ordered. There being no objection, the Senate Forest Service put more tankers into SELECT COMMITTEE ON INTELLIGENCE proceeded to consider the bill. service this year. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I rise today To partially satisfy the need for new imous consent that the Select Com- to discuss the importance of updating air tankers, the Forest Service has re- mittee on Intelligence be authorized to our aging and diminishing fleet of air quested that Congress waive a 30-day

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.056 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3871 notification requirement before it CORRECTING A TECHNICAL ERROR China’s education system and, in 1957, draft- awards contracts for four large air IN PUBLIC LAW 112–122 ed a letter with Li Shuxian and other associ- tankers. S. 3261 would waive this re- ates proposing political reform; Mr. REID. Mr. President, I ask unan- Whereas Fang Lizhi and Li Shuxian were quirement, and allow the Forest Serv- imous consent that the Senate proceed sentenced to hard labor in 1957 and 1958, re- ice to deploy these urgently needed air to the consideration of H.R. 5890. spectively, as victims of China’s Anti-Right- tankers. The PRESIDING OFFICER. The ist Campaign; There are hundreds of men and clerk will report the bill by title. Whereas, during China’s Cultural Revolu- women currently fighting the White The legislative clerk read as follows: tion, Fang Lizhi and other faculty members and students of the University of Science Rock fire, and I understand they are A bill (H.R. 5890) to correct a technical and Technology of China were sentenced to making progress. We should recognize error in Public Law 112–122. their bravery, and provide them with ‘‘reeducation through labor’’ in a coal mine There being no objection, the Senate and a brick factory; the tools needed to do their dangerous proceeded to consider the bill. Whereas, after he was again freed from job more safely by taking swift action Mr. REID. Mr. President, I ask unan- confinement, Fang Lizhi emerged as China’s on this issue. imous consent that the bill be read leading astrophysicist and wrote the first Mr. President, I ask unanimous con- three times and passed, the motion to modern Chinese-language cosmological stud- sent that the bill be read a third time reconsider be laid upon the table, there ies, although the theory of general relatively and passed, the motions to reconsider contradicted Communist dogma; be no intervening action or debate, and Whereas, when he was appointed as vice be laid upon the table with no inter- any statements related to this matter vening action or debate, and any state- president of the University of Science and be printed in the RECORD. Technology of China in 1984, Fang Lizhi ini- ments relating to this matter be print- The PRESIDING OFFICER. Without tiated a series of reforms intended to democ- ed in the RECORD. objection, it is so ordered. ratize the management of the university and The PRESIDING OFFICER. Without The bill (H.R. 5890) was ordered to a enhance academic freedom; objection, it is so ordered. third reading, was read the third time, Whereas, in the winter of 1986–1987, when Chinese students across China protested on The bill (S. 3261) was ordered to be and passed. engrossed for a third reading, was read behalf of democracy and human rights, the the third time, and passed, as follows: f Government of China fired Fang Lizhi from his post at the University of Science and S. 3261 HONORING THE CONTRIBUTIONS Technology of China and subsequently Be it enacted by the Senate and House of Rep- OF THE LATE FANG LIZHI TO purged him from the Communist party; resentatives of the United States of America in THE PEOPLE OF CHINA AND THE Whereas when, in the wake of his purge, Congress assembled, CAUSE OF FREEDOM excerpts from Fang Lizhi’s speeches were SECTION 1. WAIVER. Mr. REID. Mr. President, I ask unan- distributed by authorities in China as exam- Notwithstanding the last sentence of sec- imous consent that the Judiciary Com- ples of ‘‘bourgeois liberalism’’, his writings tion 3903(d) of title 41, United States Code, became tremendously popular among Chi- the Chief of the Forest Service may award mittee be discharged from further con- nese students; contracts pursuant to Solicitation Number sideration of S. Res. 476 and the Senate Whereas, in February 1989, Fang Lizhi pub- AG–024B–S–11–9009 for large air tankers ear- now proceed to its consideration. lished an essay entitled ‘‘China’s Despair and lier than the end of the 30-day period begin- The PRESIDING OFFICER. Without China’s Hope’’, in which he wrote, ‘‘The road ning on the date of the notification required objection, it is so ordered. to democracy has already been long and dif- under the first sentence of section 3903(d) of The clerk will report the resolution ficult, and is likely to remain difficult for that title. by title. many years to come.’’; Mr. REID. Mr. President, we less The legislative clerk read as follows: Whereas, in this essay, Fang Lizhi also than a week ago had two pilots killed wrote that ‘‘it is precisely because democ- A resolution (S. Res. 476) honoring the con- racy is generated from below—despite the in Nevada fighting fires with one of tributions of the late Fang Lizhi to the peo- many frustrations and disappointments in these airplanes that was old, old, old. I ple of China and the cause of freedom. our present situation—I still view our future appreciate the work of the Senators There being no objection, the Senate with hope’’; who worked so hard to get this done. proceeded to consider the resolution. Whereas, in the spring and early summer This is an important piece of legisla- Mr. REID. Mr. President, I do not of 1989, Chinese students gathered in tion that will allow us to do a better know of any further debate on this res- Tiananmen Square to voice their support for job of fighting fires when we have these olution. democracy, as well as to protest corruption in the Chinese Communist Party; new large air tankers. The old ones are The PRESIDING OFFICER. Is there Whereas Fang Lizhi chose not to join the really, really old. further debate? protests at Tiananmen Square in order to f If not, the question is on adoption of demonstrate that the students were acting the resolution. autonomously; MAKING A TECHNICAL CORREC- The resolution (S. Res. 476) was Whereas, from June 3 through 4, 1989, the TION IN PUBLIC LAW 112–108 agreed to. Government of China directed the People’s Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- Liberation Army to clear Tiananmen Square imous consent that the Senate proceed imous consent that the preamble be of protestors, killing hundreds of students to the consideration of H.R. 5883, which agreed to, the motions to reconsider be and other civilians in the process; Whereas, the Government of China issued was received from the House and is at laid upon the table, there be no inter- arrest warrants for Fang Lizhi and Li the desk. vening action or debate, and any state- Shuxian after the Tiananmen Massacre, ac- The PRESIDING OFFICER. The ments related to this matter be printed cusing the pair of engaging in ‘‘counter- clerk will report the bill by title. in the RECORD. revolutionary propaganda’’ and denouncing The legislative clerk read as follows: The PRESIDING OFFICER. Without Fang as the ‘‘instigator of chaos which re- A bill (H.R. 5883) to make a technical cor- objection, it is so ordered. sulted in the deaths of many people’’; rection in Public Law 112–108. The preamble was agreed to. Whereas, on June 5, 1989, Fang Lizhi and Li There being no objection, the Senate The resolution, with its preamble, Shuxian were escorted by United States dip- reads as follows: lomats to the United States Embassy in Bei- proceeded to consider the bill. jing; Mr. REID. Mr. President, I ask unan- S. RES. 476 Whereas, between June 1989 and June 1990, imous consent that the bill be read Whereas the Chinese scientist and democ- United States diplomatic personnel under three times and passed, the motion to racy advocate, Fang Lizhi, passed away at the leadership of Ambassador James R. reconsider be laid upon the table, there his home in Tucson, Arizona, on April 6, 2012; Lilley sheltered Fang Lizhi and Li Shuxian be no intervening action or debate, and Whereas Fang Lizhi was born in February at the United States Embassy in Beijing, de- any related statements be printed in 1936 in Beijing, China; spite the many hardships it imposed on the Whereas, in 1952, Fang Lizhi enrolled in the mission; the RECORD. Physics Department of Peking University, Whereas, at a November 15, 1989, ceremony The PRESIDING OFFICER. Without where he met his future wife, Li Shuxian, awarding Fang Lizhi the Robert F. Kennedy objection, it is so ordered. and joined the Chinese Communist Party in Human Rights Award, Senator Edward M. The bill (H.R. 5883) was ordered to a 1955; Kennedy said of Fang ‘‘What Andrei third reading, was read the third time, Whereas, in 1955, Fang Lizhi openly ques- Sakharov was in Moscow, Fang Lizhi became and passed. tioned the lack of independent thinking in in Beijing.’’;

VerDate Mar 15 2010 02:23 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.007 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE S3872 CONGRESSIONAL RECORD — SENATE June 7, 2012 Whereas, on June 25, 1990, Fang Lizhi and firefighters battled zero visibility in agreed to, the preamble be agreed to, Li Shuxian were allowed to leave China for tight, obstructed quarters filled with and the motion to reconsider be laid the United Kingdom and then the United noxious smoke and searing heat for upon the table. States; more than 10 hours to limit the fire to The PRESIDING OFFICER. Without Whereas, in 1992, Fang Lizhi received an the forward quarters of the ship and objection, it is so ordered. appointment as a professor of physics at the The resolution (S. Res. 488) was University of Arizona in Tucson, where he eventually extinguish it entirely. continued his research in astrophysics and Due to the unimaginably challenging agreed to. advocating for human rights in China; space constraints, Kittery-Portsmouth The preamble was agreed to. Whereas, in the years since June 4, 1989, a firefighters, in a command capacity The resolution, with its preamble, new generation of Chinese activists has con- and with a succinct collaborative effort reads as follows: tinued the struggle for democracy in their with shipyard project team personnel, S. RES. 488 homeland, working ‘‘from below’’ to protect directed the rotation of multiple waves Whereas the USS Miami (SSN-755), a Los the rights of Chinese citizens, to increase the of groups of only three or four fire- Angeles-class nuclear attack submarine with openness of the Chinese political system, and fighters at a time to descend two sto- a crew of 13 officers and 120 enlisted per- to reduce corruption among public officials; sonnel, arrived at Portsmouth Naval Ship- and ries into the ship to push back the yard on March 1, 2012, for 20 months of sched- Whereas, with the passing of Fang Lizhi, flames. Their critical decision to im- uled maintenance; China and the United States have lost a mediately request assistance from mu- Whereas at 5:41 p.m. EDT on May 23, 2012, great scientist and one of the most eloquent tual aid communities up and down the a 4-alarm fire occurred in the forward com- human rights advocates of the modern era: coast ensured sufficient manpower to partment of the USS Miami; Now, therefore, be it sustain the continuous delivery of Whereas emergency response personnel, led Resolved, That the Senate— by the firefighters of Portsmouth Naval (1) mourns the loss of Fang Lizhi; roughly three million gallons of water and fire suppressants needed to tame Shipyard, worked for nearly 10 hours in (2) honors the life, scientific contributions, tight, obstructed quarters filled with noxious and service of Fang Lizhi to advance the the blaze. smoke and searing heat— cause of human freedom; The integration of firefighters from (1) to prevent any loss of life; (3) offers the deepest condolences of the so many seacoast communities was (2) to bring the fire under control; and Senate to the family and friends of Fang seamless, and should be held as an ex- (3) to successfully prevent the flames from Lizhi; and ample of successful inter-jurisdictional reaching any nuclear material and allow the (4) stands with the people of China as they cooperation that could be used as a nuclear reactor to remain unaffected and stable throughout; strive to improve their way of life and create model for similar emergencies in the a government that is truly democratic and Whereas 23 fire departments and emer- respectful of international norms in the area future. Furthermore, the fact that each gency response teams from the States of of human rights. and every one of these exceptional fire- Maine, New Hampshire, Massachusetts, and fighters, many of whom had no prior Connecticut provided mutual aid support f experience aboard a submarine, could during the fire, including— COMMENDING THE FIREFIGHTERS walk into such an extraordinarily dif- (1) Pease Air Force Base, New Hampshire; AND EMERGENCY RESPONSE (2) York County Hazardous Materials Re- ficult situation and perform so success- sponse Team, Maine; PERSONNEL—USS ‘‘MIAMI’’ FIRE fully is a testament to their exhaustive (3) Massachusetts Port Authority Logan Mr. REID. Mr. President, I ask unan- training, remarkable abilities and un- Airport Crash Team; imous consent the Senate proceed to daunted valor. (4) South Portland Fire Department, the immediate consideration of S. Res. Due to their inspirational efforts, Maine; with only seven responders suffering (5) Eliot Fire Department, Maine; 488. (6) Lee Fire Department, New Hampshire; The PRESIDING OFFICER. The minor injuries, the fire and all subse- (7) Dover Ambulance, New Hampshire; clerk will report the resolution by quent damage was greatly limited, and (8) Portsmouth Fire Department, New title. the ship’s nuclear reactor remained Hampshire; safe and stable throughout. After the (9) Hampton Fire Department, New Hamp- The legislative clerk read as follows: shire; A resolution (S. Res. 488) commending the fire, I had the privilege of meeting (10) Kittery Fire Department, Maine; efforts of the firefighters and emergency re- some of the firefighters who summoned (11) Newcastle Fire Department, New sponse personnel of Maine, New Hampshire, unparalleled bravery and demonstrated Hampshire; Massachusetts, and Connecticut, who came such tenacity and skill in preventing (12) American Medical Response Ambu- together to extinguish the May 23rd, 2012, the potentially catastrophic escalation lance, New Hampshire; fire at Portsmouth Naval Shipyard in of this fire. These men and women rep- (13) Hanscom Air Force Base, Massachu- Kittery, Maine. setts; resent the very best of their field, and (14) Naval Submarine Base New London, There being no objection, the Senate it is an honor to sponsor this resolu- Connecticut; proceeded to consider the resolution. tion recognizing them. (15) Rye Fire Department, New Hampshire; Ms. SNOWE. Mr. President, I rise Indeed, it is largely thanks to these (16) Greenland Fire Department, New today in support of a resolution recog- able firefighters and emergency first Hampshire; (17) York Fire Department, Maine; nizing the incredible courage and tre- responders that we have the oppor- (18) Newington Fire Department, Con- mendous skill of the firefighters and tunity to repair the USS Miami. When necticut; emergency first responders who extin- I spoke with Navy Vice Admiral (19) Somersworth Fire Department, New guished the fire aboard the USS Miami McCoy, commander of Naval Sea Sys- Hampshire; (SSN 755), a Los Angeles-class nuclear- tems Command, after the fire, he said, (20) Rollinsford Fire Department, New Hampshire; powered submarine, 2 weeks ago at ‘‘We’re determined to send the Miami (21) South Berwick Fire Department, Kittery-Portsmouth Naval Shipyard in back to sea.’’ Maine; Kittery, ME. I join Admiral McCoy in this senti- (22) York Ambulance, Maine; and At approximately 5:41 p.m. on ment. With a growing shortage of sub- (23) York Beach Fire Department, Maine; Wednesday, May 23, 2012, a four-alarm marines in our Navy, it is vital that and fire broke out inside the forward com- the USS Miami and its crew are able to Whereas the heroic actions of those fire- partment of the USS Miami, which was fighters, emergency response personnel, and quickly return to their vital work of the USS Miami crew and shipyard fire- 3 months into a 20-month overhaul at keeping this country safe and secure, fighters, 7 of whom suffered minor injuries Kittery-Portsmouth. More than 100 as the boat has done since its commis- during the fire, directly prevented catas- first responders from 23 locations in 4 sion in 1990. Indeed, in the coming trophe, and greatly limited the severity of separate States responded to success- weeks and months, I look forward to the fire even in the most challenging of envi- fully contain the damage of the blaze working with the Navy, the men and ronments: Now, therefore, be it and ensure that there was no tragic women of Kittery-Portsmouth Naval Resolved, That the Senate— loss of life. (1) commends the exemplary and coura- Shipyard, and my colleagues in the geous service of all the firefighters and With nothing less than fearless deter- Senate to ensure that the USS Miami is emergency response personnel who came to- mination in the face of what has been quickly returned to service. gether to successfully contain the fire, mini- called the most significant emergency Mr. REID. Mr. President, I ask unan- mizing damage to a critical national secu- to strike the shipyard in decades, brave imous consent that the resolution be rity asset and ensuring no loss of life; and

VerDate Mar 15 2010 04:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.009 S07JNPT1 jbell on DSK7SPTVN1PROD with SENATE June 7, 2012 CONGRESSIONAL RECORD — SENATE S3873 (2) expresses support for the Navy and the worked on that. That was something FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF THE CLASSES STATED. exceptionally skilled workforce at Ports- we were able to move on through this FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF mouth Naval Shipyard in Kittery, Maine. body. We did not pass the paycheck CLASS TWO, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF f fairness—we did not, but we have been AMERICA, RECOGNIZING THE SPRING PAGE involved for a long time on the Pay- NARENDRAN CHANMUGAM, OF FLORIDA JOHN BREVARD CRIHFIELD, OF CALIFORNIA CLASS check Fairness Act. They have been LAUREL K. FAIN, OF CALIFORNIA Mr. REID. Mr. President, we have able to watch all of this, and they can GEOFFREY DISSTON MINOTT, OF PENNSYLVANIA go home and tell their friends and fam- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF worked hard. Not as hard as I would CLASS THREE, CONSULAR OFFICER AND SECRETARY IN have liked or not as long hours as I ily that they all relate to this stuff all THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA, would have liked and not as much ac- of the time because they know now how the foundation of the government RICHARD BRIAN AARON, OF FLORIDA complished as I would have liked, but CHRISTOPHER W. ABRAMS, OF WASHINGTON this is the last day for this group of works. They have been here. WRENN F. R. BELLAMY, OF SOUTH DAKOTA So I appreciate personally everything SARAH BLANDING, OF TENNESSEE pages. KRISTIN MARGARET BORK, OF OREGON These spring pages have been exem- they have done. Senator MCCONNELL is ABBAS BOBBY BUSARI, OF VIRGINIA going to speak to the pages tomorrow. CLINT CAVANAUGH, OF NEVADA plary. I really enjoy walking past ANDREW COLBURN, OF THE DISTRICT OF COLUMBIA them. They are out there studying. I am not going to be able to be here. JENNIFER LYNN CROW YANG, OF VIRGINIA But he will tell those assembled that SUKHMINDER K. DOSANJH, OF CALIFORNIA They are sitting here as we speak now. ALIA EL MOHANDES, OF MARYLAND I wish I could have been a page. I really he is speaking on our behalf. I appre- LEE KENNETH FORSYTHE, OF FLORIDA ciate that very much. VICTORIA REBECCA GELLIS, OF NEW JERSEY do. I think it would have been a great KOVIA GRATZON-ERSKINE, OF OREGON life. f WHITNEY ELLEN JENSEN-RODRIGUES, OF CALIFORNIA We have done a much better job of HAN KANG, OF CALIFORNIA ORDERS FOR MONDAY, JUNE 11, JOSHUA THOMAS KARNES, OF MICHIGAN making sure they are safe and happy. GEORGE N. KUM, OF VIRGINIA 2012 MICHELLE IRENE LINDER, OF INDIANA When I first came here, the pages lived NANCY LOWENTHAL, OF THE DISTRICT OF COLUMBIA wherever they could find a place to Mr. REID. Mr. President, I ask unan- CLIFFORD G. LUBITZ, OF VERMONT ROBIN FLOOD MARDEUSZ, OF ALASKA live. Now we have wonderful, safe, se- imous consent that when the Senate LINDA KAYE MCELROY, OF FLORIDA cure dormitories for those young men completes its business today, it ad- JULIA V. NENON, OF VIRGINIA BENJAMIN K. OWUSU, JR., OF MASSACHUSETTS and women. We have a wonderful edu- journ until 2 p.m. on Monday, June 11; ERIK PACIFIC, OF CONNECTICUT cational program for them. It is hard; that following the prayer and pledge, TAMMY L. PALMER, OF VIRGINIA CHARLES S. POPE, OF VIRGINIA no one can say it is easy. They learn a the Journal of proceedings be approved PAUL J. RICHARDSON, OF NEW HAMPSHIRE lot. to date, the morning hour be deemed ELIZABETH SANTUCCI, OF NEW YORK Two of my granddaughters have been MARIETOU SATIN, OF VIRGINIA expired, and the time for the two lead- PADMA SHETTY, OF TEXAS pages. It changed their lives. They ers be reserved for their use later in REENA SHUKLA, OF TENNESSEE came here not having much interest in XERSES MANECK SIDHWA, OF TEXAS the day. IZETTA YVONNE SIMMONS, OF SOUTH CAROLINA government. By the time they left, The PRESIDING OFFICER. Without WILLIAM KANE SLATER, OF VIRGINIA they had started reading the news- STEPHAN SOLAT, OF CALIFORNIA objection, it is so ordered. CARA LEAH THANASSI, OF NEW HAMPSHIRE papers—not like the Presiding Officer f TRACY CLAIRE THOMAN, OF OHIO and I, they did most of their reading ALLYSON CLAIRE WAINER, OF CONNECTICUT ANEDA WARD, OF WASHINGTON online. But they were interested in PROGRAM SUSAN ANDREA WOFSY, OF CALIFORNIA government, and they still are. I guess Mr. REID. Mr. President, when the JANA S. WOODEN, OF CALIFORNIA they are both seniors now, one at New Senate convenes on Monday, it will re- IN THE COAST GUARD York University and one at the New sume consideration of the farm bill THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO SERVE AS THE DIRECTOR OF THE COAST GUARD RE- School in New York. postcloture. We are working on an SERVE PURSUANT TO TITLE 14, U.S.C., SECTION 53 IN THE One of my prized possessions in my agreement to move that bill forward. GRADE INDICATED: office is a picture of my first two There will be a cloture vote at 5:30, To be rear admiral grandchildren, these two little girls, as I announced, on Andrew Hurwitz. RADM STEVEN E. DAY, USCGR Ryan and Mattie. They are in diapers, IN THE AIR FORCE and they are hanging onto each other. f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Then I have a picture right on the ADJOURNMENT UNTIL MONDAY, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- same little table of them in their page JUNE 11, 2012, AT 2 P.M. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION uniforms. That is a wonderful picture Mr. REID. Mr. President, if there is 601: for me. It shows the progress of peo- no further business to come before the To be lieutenant general ple’s lives. It is really meaningful to Senate, I ask unanimous consent that LT. GEN. MARK F. RAMSAY me. it adjourn under the previous order. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT I can say this to these pages: This AS THE SURGEON GENERAL OF THE AIR FORCE AND AP- There being no objection, the Senate, will be an opportunity they will never POINTMENT TO THE GRADE INDICATED WHILE ASSIGNED at 5:23 p.m., adjourned until Monday, TO A POSITION OF IMPORTANCE AND RESPONSIBILITY forget. They will make friends here UNDER TITLE 10, U.S.C., SECTIONS 8036 AND 601: June 11, 2012, at 2 p.m. who will be friends for the rest of their To be lieutenant general f lives. The Presiding Officer and I know MAJ. GEN. THOMAS W. TRAVIS the friends you make when you are NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT young are just so important to you as IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- you proceed through life. I still love to Executive nominations received by CATED UNDER TITLE 10, U.S.C., SECTION 624: pick up the phone and call some of the the Senate: To be major general young men and—in fact, I talked to a FEDERAL COMMUNICATIONS COMMISSION BRIG. GEN. TIMOTHY M. RAY woman today with whom I went to MIGNON L. CLYBURN, OF SOUTH CAROLINA, TO BE A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- school. That is good. That is what life SION FOR A TERM OF FIVE YEARS FROM JULY 1, 2012. (RE- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE APPOINTMENT) AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION is all about. Make good friends and 601: UNITED STATES POSTAL SERVICE maintain that friendship. To be lieutenant general Now, they have seen some things in STEPHEN CRAWFORD, OF MARYLAND, TO BE A GOV- the Senate that I think will be in the ERNOR OF THE UNITED STATES POSTAL SERVICE FOR MAJ. GEN. DARREN W. MCDEW THE REMAINDER OF THE TERM EXPIRING DECEMBER 8, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT history books forever. We passed the 2015, VICE ALAN C. KESSLER, RESIGNED. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE surface transportation bill, we passed DEPARTMENT OF STATE the Violence Against Women Act, we AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JOHN M. KOENIG, OF WASHINGTON, A CAREER MEMBER 601: passed the Ex-Im Bank reauthoriza- OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- To be lieutenant general tion, Iran sanctions bill, FDA Mod- ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES LT. GEN. STANLEY T. KRESGE ernization Act, postal reform—we OF AMERICA TO THE REPUBLIC OF CYPRUS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT passed that. FOREIGN SERVICE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- We are in the process of trying to re- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED PERSONS OF THE UNITED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION solve the student loan debate, but we STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 601:

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PERSONAL EXPLANATION BROADCAST EMERGENCY I look forward to working with these various PREPAREDNESS agencies to ensure that all Americans have the next generation of emergency warnings HON. JACKIE SPEIER HON. TERRI A. SEWELL and information. OF CALIFORNIA OF ALABAMA Again, thank you to local broadcasters for providing lifesaving coverage during times of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES emergencies and crisis situations around the Thursday, June 7, 2012 Thursday, June 7, 2012 clock. Ms. SEWELL. Mr. Speaker, June 1st f Ms. SPEIER. Mr. Speaker, I would like to marked the official start to this year’s hurri- state that my vote against the Tipton amend- cane season. As the hurricane season begins IN HONOR OF MICHAEL CARROLL, ment to the Energy and Water Development and tornado season continues, we are in an CHIEF EXECUTIVE OFFICER OF and Related Agencies Appropriations Act, even greater need for life saving communica- THE AMERICAN RED CROSS OF 2013 was made in error. I support this amend- tions and technology. I want to take this time GREATER COLUMBUS ment, which prohibits agencies funded under to thank our local TV and radio stations for the the bill from conducting surveys in which invaluable lifesaving work they do during times HON. PATRICK J. TIBERI money is included or provided for the benefit of emergencies. OF OHIO of the survey responder. The amendment Radio and television stations are our na- IN THE HOUSE OF REPRESENTATIVES does not prohibit federal agencies form gath- tion’s most reliable network for distributing crit- ering public input or sending out surveys, ical emergency information. Even when the Thursday, June 7, 2012 which is a necessary process, but I agree with electricity goes out and internet networks and Mr. TIBERI. Mr. Speaker, I am pleased to the author of the amendment that we must put cell phone towers go down, over-the-air broad- congratulate Michael Carroll, Chief Executive an end to the unethical practice of giving away casting continues to air. This was never more Officer of the American Red Cross of Greater taxpayer dollars to solicit a desired response. evident than in the wake of the April 27, 2011 Columbus for 34 years of outstanding service. tornadoes and storms that ravaged the great For the past three and a half decades, the f state of Alabama. citizens of the Greater Columbus area have Last year, four months into my first term in received assistance and comfort from their IN RECOGNITION OF MR. JAMES D. office, the State of Alabama experienced un- friends and neighbors through the work of this LINDSEY imaginable tragedy as we were ravaged by fine leader. Since 1995, Mr. Carroll has served the force of tornadoes and storms. Nine of the as CEO of the American Red Cross of Greater HON. PETE SESSIONS 12 counties in my district experienced tremen- Columbus covering Fayette, Franklin, Madison dous damage and loss. These devastating and Pickaway counties. In 2007, he was ap- OF TEXAS storms destroyed many of our homes, church- pointed Regional CEO for the Central-South- IN THE HOUSE OF REPRESENTATIVES es, schools and businesses. 253 lives were east Ohio Region comprised of 16 Red Cross lost including 76 from the 7th Congressional chapters covering 26 Ohio counties. Thursday, June 7, 2012 District. His talents are so well respected that he Mr. SESSIONS. Mr. Speaker, I rise today to There is no doubt that broadcasters act as has often been called upon to aid other areas recognize my dear friend, Mr. James D. first responders in times of crisis. Before and of the country as well. Since 1979, Mr. Carroll Lindsey, who is retiring as President and Chief after these devastating tornadoes, broad- has served in field leadership roles on more Executive Officer of First State Bank. casters remained on the air uninterrupted, pro- than 20 major disaster operations in 12 states viding local communities with vital, lifesaving including Hurricane Hugo in 1989. In Sep- Mr. Lindsey attended North Texas University information. Had it not been for our local tember 2004, he served as Deputy Director of and the Stonier Graduate School of Banking. broadcasters providing critical information the Hurricane Frances relief operation in Flor- He began his career with First State Bank— around the clock, many more lives could have ida and, in September 2005, was Director of Mesquite in 1971, starting in the bookkeeping been loss. Americans depend on their local Hurricane Katrina relief for Texas, Arkansas, department. His successful career is the result TV and radio stations when unforeseen emer- and Oklahoma. of his hard work and dedication; he served in gencies arise. The Red Cross is an internationally recog- various areas of the bank and literally worked If we are to improve disaster preparedness nized symbol of humanitarianism and hope, his way to the top. He is a well-known and in our nation, we must ensure that local sta- and Michael Carroll has done much to burnish highly respected leader in the banking profes- tions have effective tools to communicate with that reputation by easing the pain and sorrow sion and the broader Mesquite community. In the public during these times of crisis. This of disaster victims across our community and 2002, he received the prestigious Chairman’s can be done by readily equipping mobile de- around the nation. In short, Michael Carroll Award from the Independent Bankers Associa- vices with broadcast radio for emergency pre- has made our community a safer and better tion of Texas and in 2008, was elected to the paredness. Cell phones are ubiquitous and place to live. Board of Directors of The Independent Bank- broadcast radio would provide instant emer- I offer my best wishes to him and his family ers Bank. Mr. Lindsey also served as Director gency information on the go to the widest pos- for a wonderful retirement. His legacy will for the Mesquite Economic Development sible audience during times of emergencies. stand as an example for all, and he will be Foundation and was appointed to the Texas The ability to have access to lifesaving infor- dearly missed Banking Commissioner’s Council. First State mation is critical and has very serious home- f Bank and the banking profession have greatly land security implications. For example, during benefitted from his work ethic, vision, and last year’s 5.8 Virginia earthquake, cell phone VICTORIA STAVE leadership. He is a man of great character networks in the Washington, D.C. area be- who firmly abides by his principles. I am hon- came overloaded and inoperable. HON. ED PERLMUTTER ored to call him my friend and know that Mr. This should never be the case. Congress, OF COLORADO Lindsey will be greatly missed. the Federal Emergency Management Agency, IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my esteemed colleagues the Federal Communications Commission and join me in congratulating Mr. Lindsey on his the mobile phone industry should consider Thursday, June 7, 2012 retirement. I wish him all the best in his future ways to expand the availability of broadcast Mr. PERLMUTTER. Mr. Speaker, I rise endeavors. May God continue to bless him radio service in mobile phones to keep Ameri- today to recognize and applaud Victoria Stave and his family. cans safe. for receiving the Arvada Wheat Ridge Service

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

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.001 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1008 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 Ambassadors for Youth award. Victoria Stave changing nature of threats between the ports, INTRODUCING THE STOP NON-NA- is an 11th grader at Arvada West High and re- I hear persistent concerns that our ports of TIVE ANIMALS FROM KILLING ceived this award because her determination entry are understaffed. ENDANGERED SPECIES ACT and hard work have allowed her to overcome Those serving at the ports of entry have at adversities. least a dual role, facilitating legitimate trade HON. ALCEE L. HASTINGS The dedication demonstrated by Victoria and travel safely while also preventing unau- OF FLORIDA Stave is exemplary of the type of achievement thorized people and goods to cross the bor- IN THE HOUSE OF REPRESENTATIVES that can be attained with hard work and perse- der. Thursday, June 7, 2012 verance. It is essential students at all levels strive to make the most of their education and I could talk at length about the benefits of Mr. HASTINGS of Florida. Mr. Speaker, I develop a work ethic which will guide them for cross-border trade for communities along our rise today to introduce the Stopping Non-Na- the rest of their lives. borders and beyond, but let me cite just a tive Animals from Killing Endangered Species, I extend my deepest congratulations to Vic- couple of examples. or SNAKES, Act. This bill implements a suc- toria Stave for winning the Arvada Wheat Focusing on the southern border, Mexico is cessful pilot program in which specially trained Ridge Service Ambassadors for Youth award. the third largest U.S. trading partner and the dogs help to detect the Burmese python and I have no doubt she will exhibit the same dedi- second largest U.S. export market, with a re- other constrictor reptiles ravaging the Ever- cation and character in all her future accom- ported six million U.S. jobs depending on glades ecosystem. The bill will fund a program plishments. trade with Mexico. to prevent the snakes from establishing sus- tainable populations in new areas as well as f The executive director of the Arizona-Mex- to control the snakes that are already out ico Commission was recently quoted as say- DEPARTMENT OF HOMELAND SE- there. ing ‘‘Arizona’s border is the gateway for some CURITY APPROPRIATIONS ACT, I am a Florida native and travel across the $26 billion worth of imports and exports and 2013 Everglades frequently. Until recently, there some 44 million people each year.’’ was rarely a time that I would drive through SPEECH OF A recent Maricopa Association of Govern- the Everglades and not see animals like wad- HON. JEFF FLAKE ments release cited that legal Mexican visitors ing birds and rabbits along the roadside. Since spend roughly $7.3 million a day in Arizona OF ARIZONA these snakes have spread over the last few and Arizona business exported nearly $6 bil- years, however, I rarely see any animals at all IN THE HOUSE OF REPRESENTATIVES lion in goods in 2011. anymore. In fact, recent studies have shown Wednesday, June 6, 2012 Benefits of trade along the southern border the mammal population in the Everglades has The House in Committee of the Whole are certainly not limited to border commu- declined over 90 percent in some cases. House on the state of the Union had under nities. This drastic reduction in numbers is the re- consideration the bill (H.R. 5855) making ap- sult of the Burmese python and other con- For example, the Mariposa Port of Entry in propriations for the Department of Home- strictor reptiles wreaking havoc throughout the Nogales is one of the largest ports of entry for land Security for the fiscal year ending Sep- Everglades, obliterating endangered and local fruit and vegetables in the U.S. In 2011, the tember 30, 2013, and for other purposes: wildlife, and upsetting the delicate balance of U.S. imported 13.4 billion pounds of fresh Mr. FLAKE. Mr. Chair, I rise to offer an the ecosystem. The snakes in Florida are con- produce grown in Mexico and more than a amendment, designated as Flake #1. tained to a relatively limited area right now, third of that entered through Nogales. This amendment is straight forward; it would but they will not remain that way. Experts an- reduce funding for the Office of the Secretary Clearly, a secure border and economic sta- ticipate that the snakes may expand beyond by $50,000 and transfer a revenue neutral bility in the border region are not mutually ex- the Everglades, or escape from pet-owners amount to U.S. Customs and Border Protec- clusive and main component of success to- and breeders in other parts of the country to tion salaries and expenses. ward that goal is the right staffing levels. then possibly establish new breeding popu- This is a nominal cut from the Secretary’s I can assure you that I am the last member lations there. nearly $122 million in funding, again only that would support writing any agency a blank I am sad to say that while there is no pro- slightly more than the Committee provided for check. The process of the Appropriations verbial silver bullet to completely eradicate the the Secretary to spend on receptions next Committee performing the necessary oversight snakes already in the Everglades, we do have year. and accurately reviewing port of entry staffing some tools at our disposal that can stop them I offer this amendment as a means of bring- needs begins with the Department delivering from spreading. This bill today implements one ing an important issue to both Congress’ and the staffing model and information that was re- such technique that has already recently more importantly the Secretary’s attention. quested a year ago. proved its success in the field. Let me start by thanking the Chairman and Auburn University EcoDogs, working along Ranking Member for their attention to border I thank the chairman and urge adoption of with Federal, State, county, tribal government issues in this bill as well as the staff’s assist- the amendment. entities, universities, and non-profit stake- ance in bringing this amendment to the floor. holders, recently trained dogs for a study to In the report accompanying last year’s f assess whether detection dogs were an effec- Homeland Security appropriations bill, the tive tool for python management efforts. As it PERSONAL EXPLANATION Committee directed the Department to provide turned out, dog search teams can cover more a ‘‘resource allocation and staffing model for distance and have a higher accuracy rate in the ports of entry.’’ particular scenarios than human searchers. As would appear to be the trend with Con- HON. MARTIN HEINRICH The team consisted of two dogs, named gressional requests for information, answers to OF NEW MEXICO Jake and Ivy, a dog handler and a snake han- questions, or budget documentation, the De- IN THE HOUSE OF REPRESENTATIVES dler. It performed free-ranging python partment either failed to prioritize or simply ig- searches on a variety of State, Federal and nored this request and it is reiterated in this Thursday, June 7, 2012 tribal lands. In controlled searches, dogs per- year’s report. formed approximately 2.5 times faster than The committee report notes: ‘‘As the Com- Mr. HEINRICH. Mr. Speaker, I unfortunately human searchers, in addition to having a sig- mittee has not yet received the CBP workload missed four votes today, which included roll- nificantly higher success rate of 92 percent staffing allocation model, the Committee can- call votes 315, 316, 317 and 318. during controlled canal searches, when com- not assess CBP’s identified needs.’’ If I had been present, I would have cast the pared to the human search team of 62 per- As we are all no doubt aware, funding for following votes on amendments to H.R. 5325, cent. The SNAKES Act authorizes the Sec- border security efforts between the ports of Energy and Water Development and Related retary of the Interior to work with the stake- entry has increased exponentially over recent Agencies Appropriations Act, 2013: rollcall holders to establish this detection program. years, while the budget for Customs and Bor- vote 315 (McClintock Amendment #3): ‘‘yea,’’ These specially trained dogs can also re- der Patrol officers at the ports has not kept rollcall vote 316 (Hirono Amendment): ‘‘yea,’’ spond to specific python sightings throughout pace. rollcall vote 317 (McClintock Amendment #5): the year. A rapid response team will take a As I travel the border region, in addition to ‘‘no,’’ rollcall vote 318 (Matheson Amend- dog directly to the site where a python was re- concerns regarding border security and the ment): ‘‘yea.’’ cently spotted in order to track the snake from

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.005 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1009 there. In addition to organized searches, this TRIBUTE TO THE TOWN OF months, Oakham is a relaxing retreat for will help manage and control the spread of OAKHAM ON THE OCCASION OF many. pythons and other large constrictor snakes. THE 250TH ANNIVERSARY OF ITS On the occasion of the 250th anniversary of FOUNDING I would not be introducing this bill if the the town of Oakham, Massachusetts, I con- gratulate its citizens and praise their dedica- dogs were ever in any danger, Mr. Speaker. tion and perseverance throughout the town’s At no point do the dogs approach the snakes. HON. JOHN W. OLVER history. It has been an honor to represent this Instead, once a dog indicates that a snake is OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES great community and I wish the people of in the area, it is taken to a safe distance while Oakham a healthy and prosperous future. a human handler captures the snake. Thursday, June 7, 2012 f Unfortunately, these snakes have already Mr. OLVER. Mr. Speaker, I rise today to destroyed much the wildlife of the Everglades. recognize the 250th anniversary of the town of SVETLANA MIKHAYLOVA This program alone will not bring them back. Oakham, Massachusetts. Beginning in 1742, Nor will it completely eradicate the snakes that Scotch-Irish Presbyterians began to buy land HON. ED PERLMUTTER are already breeding, as there are simply too in what was then called ‘‘Rutland West Wing’’ OF COLORADO many snakes that are too widespread. in the hopes of incorporating their own town IN THE HOUSE OF REPRESENTATIVES under a Presbyterian form of government. However, these dogs are useful for keeping After two failed attempts, Oakham was finally Thursday, June 7, 2012 the snakes where they are and stopping them incorporated on June 7, 1762. Mr. PERLMUTTER. Mr. Speaker, I rise from spreading to other areas. We should, In early colonial times, the present town of today to recognize and applaud Svetlana therefore, quickly establish a full-time dog de- Oakham was a virgin forest occupied by Mikhaylova for receiving the Arvada Wheat tection team so that we have the ability to re- bands of Nipmuk Indians who made seasonal Ridge Service Ambassadors for Youth award. spond with the best tools available in order to camps in the area for hunting, fishing, and ag- Svetlana Mikhaylova is an 8th grader at Drake prevent what happened in the Everglades ricultural purposes. During King Philip’s War Middle School and received this award be- from happening anywhere else in the United (1675–1676) a 150 square mile area known cause her determination and hard work have States. as Naquag, which includes the land presently allowed her to overcome adversities. known as Oakham, became a stronghold for The dedication demonstrated by Svetlana f Native Americans. The Native Americans were Mikhaylova is exemplary of the type of on the losing end of the conflict and many of achievement that can be attained with hard TEA ANDERSON them then left central Massachusetts looking work and perseverance. It is essential stu- for new homes. Those who remained were dents at all levels strive to make the most of forced to live in four ‘‘Indian Towns’’ under their education and develop a work ethic HON. ED PERLMUTTER close supervision by the colonists. This left the which will guide them for the rest of their lives. OF COLORADO entire area of Naquag open for colonial expan- I extend my deepest congratulations to sion. Svetlana Mikhaylova for winning the Arvada IN THE HOUSE OF REPRESENTATIVES In 1686, five Nashaway Indians, who Wheat Ridge Service Ambassadors for Youth claimed ownership of Naquag, sold the terri- award. I have no doubt she will exhibit the Thursday, June 7, 2012 tory to a group of land speculators from Lan- same dedication and character in all her future Mr. PERLMUTTER. Mr. Speaker, I rise caster, Massachusetts for ‘‘25 pounds hard accomplishments. today to recognize and applaud Tea Anderson cash.’’ By 1722, Scotch-Irish immigrants f began to buy lots in the area and the town of for receiving the Arvada Wheat Ridge Service CONGRATULATING THE UNIVER- Ambassadors for Youth award. Tea Anderson Rutland was soon incorporated with a Con- gregational minister. Oakham’s founding would SITY OF CALIFORNIA, IRVINE’S is an 8th grader at Moore Middle School and MEN’S VOLLEYBALL TEAM received this award because her determination be another 40 years in coming. By the beginning of the Revolutionary War, and hard work have allowed her to overcome Oakham’s population had grown to nearly 600 adversities. HON. JOHN CAMPBELL people. The town was strongly pro-revolution OF CALIFORNIA The dedication demonstrated by Tea Ander- so loyalists in town were forced to leave their IN THE HOUSE OF REPRESENTATIVES son is exemplary of the type of achievement property behind and flee to British strongholds Thursday, June 7, 2012 that can be attained with hard work and perse- in Boston and Canada. The town raised a verance. It is essential students at all levels company of Grenadier to prevent a British at- Mr. CAMPBELL. Mr. Speaker, I would like strive to make the most of their education and tack on Boston during the War of 1812 and to congratulate the University of California, develop a work ethic which will guide them for also sent nearly 100 volunteers to serve dur- Irvine’s (UCI’s) men’s volleyball team for win- the rest of their lives. ing the Civil War. Nearly one fifth of these sol- ning the 2012 National Collegiate Athletic As- sociation (NCAA) Division I Men’s Volleyball I extend my deepest congratulations to Tea diers would not live to see Oakham again. The sixth Massachusetts Turnpike was built National Championship. This is UC Irvine’s Anderson for winning the Arvada Wheat Ridge between Pelham and Shrewsbury in 1799. third national championship in six years, which Service Ambassadors for Youth award. I have This 43 miles toll road followed Old Turnpike makes them one of only five programs to have no doubt she will exhibit the same dedication Road in Oakham and remained in service until won more than two men’s volleyball titles. and character in all her future accomplish- 1828, making travel to and from Oakham UC Irvine won the 2012 championship with ments. much easier and faster. In 1877, The Central a 3–0 (25–22, 34–32, 26–24) victory over Massachusetts Railroad opened providing USC. Senior Carson Clark was named the f quick transportation for both people and goods Most Outstanding Player (MOP) after record- throughout the northeast. A depot in town ing a match-high 22 kills, hitting .465, and PERSONAL EXPLANATION helped Oakham grow and prosper, but by the added eight digs and three service aces. Clark early 20th century population began to decline joined Ryan Ammerman (2009) and Matt as people began to leave farms and move to Webber (2007) as the only Anteater players to HON. JEFF MILLER industrial centers. have earned MOP distinction. Kevin Tillie, OF FLORIDA Today, Oakham has settled into a quiet Chris Austin, and Connor Hughes were named bedroom community. Recreation has become to the All-Tournament team along with Clark. IN THE HOUSE OF REPRESENTATIVES Oakham’s economic focal point with two The Anteaters concluded the year ranked Thursday, June 7, 2012 campgrounds and an 18-hole golf course. An No. 1 in the country in the final AVCA Coach- abundance of state land in town provides es Poll. The Anteaters were ranked No. 1 or Mr. MILLER of Florida. Mr. Speaker, due to open space that can be enjoyed by residents No. 2 all but two weeks this season. UCI was being unavoidably detained, I missed the fol- and visitors all year long. ranked No. 1 for five weeks this season which lowing rollcall vote: No. 357 on June 6, 2012. From ice fishing, cross country skiing, and was the most weeks at the top of the poll by If present, I would have voted: rollcall vote No. snowmobiling in the winters to hiking, biking, any school in the country this year. The Ant- 357—Bishop (NY) Amendment, ‘‘nay.’’ horseback riding, and hunting in the warmer eaters have been ranked No. 1 in five different

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.003 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1010 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 years (2003, 2006, 2007, 2009, 2012) under on Mar. 12, while Tillie earned it on Mar. 5 Base in Spokane, Washington to serve as the head coach John Speraw. Additionally, the and Jeremy Dejno was recognized on Jan. 9. 92d Medical Group superintendent. One of Anteaters have been ranked in the nation’s Congratulations to head coach, John Chief Elder’s most notable achievements was top 10 for 118 consecutive weeks, including Speraw, and the men’s volleyball team of the during his time as superintendent of the 332d No. 1 for 26 of those weeks. University of California, Irvine, for winning the Expeditionary Medical Group, Joint Base UCI ended the year 26–5 overall, which ties 2012 NCAA Division I Men’s Volleyball Na- Balad, Iraq, where he led 357 members at the Lewis (26–11) for the most wins in the country tional Championship. I am proud to recognize Air Force Theater Hospital to a 98% survival this season. The Anteaters finished in a tie for the achievements of the players, coaches, stu- rate during combat operations. His leadership second in the MPSF with a 17–5 record. The dents, alumni, and staff who were instrumental and dedication was instrumental to unit moral 26 wins is the fourth most in school history, in helping the University of California, Irvine and the medical care rendered to our wound- while the 17 MPSF wins were tied for third win the national title. ed warriors. most in school history. UCI was 9–4 at home, It is an honor to represent UC Irvine, under Additionally, since his arrival at Fairchild Air 12–1 on the road and 5–0 on neutral courts. the leadership of Chancellor Michael V. Drake, Force Base, the 92d Medical Group has been They also ranked fourth in the country in at- M.D., as it continues to establish itself as a recognized with numerous Air Force, Com- tendance with 1,224 fans per match. world-class research university, and as one of mand and individual awards. Chief Elder also Furthermore, UCI captured the 2012 MPSF the top universities in the Nation. provides strategic guidance, direction and title with back-to-back 3–2 victories over No. 1 f leadership on all issues affecting the profes- USC and second-seed Stanford. UCI topped CONGRESSWOMAN HONORS THE sional development, mentorship, and proper fifth-seed UCLA, 3–1 in the quarterfinals. Sen- CAREER OF CHIEF MASTER SER- utilization of assigned enlisted personnel in ior Carson Clark was named the tournament’s GEANT JOHN A. ELDER, RETIR- support of 30,000 beneficiaries in the greater Most Outstanding Player, while Kevin Tillie ING FROM THE UNITED STATES Spokane area. and Dan McDonnell were selected to the all- AIR FORCE So, today I urge all of my colleagues to join tournament team. It was the second time in me in thanking Chief Master Sergeant John A. program history (2007) that UCI won the Elder for his service and celebrating his life- MPSF Championship title. HON. CATHY McMORRIS RODGERS long commitment to the United States Air OF WASHINGTON Carson Clark and Kevin Tillie were named Force and the 92d Medical Group at Fairchild IN THE HOUSE OF REPRESENTATIVES first team American Volleyball Coaches Asso- Air Force Base. We are all grateful for John’s ciation All-America. It is only the second time Thursday, June 7, 2012 unwavering dedication to our country and for in program history that UCI has had two play- Mrs. MCMORRIS RODGERS. Mr. Speaker, all of his accomplishments—he is a true Amer- ers on the first team in the same season. UCI I rise today to recognize the exemplary career ican patriot. ranked first in the country in hitting percentage of Chief Master Sergeant John A. Elder, a f (.354), assists (13.32) and win/loss percentage great military leader in the United States Air (.839). The Anteaters ranked second in kills Force. After thirty years of exceptional service IN RECOGNITION OF THE (14.0) and aces (1.67). Carson Clark was third to the Air Force, we celebrate Chief Elder’s re- SUFFIELD HALL OF HONOR IN- in the nation with a 0.55 ace average. Jeremy tirement and reflect back on a career of distin- DUCTEES Dejno was ranked 11th nationally with a 0.38 guished accomplishments. mark. Kevin Tillie ranked third in the country in Originally from South Boston, Virginia, in HON. JOE COURTNEY hitting percentage (.387), while Dejno is sixth July 1982, Chief Elder enlisted in the Air Force OF CONNECTICUT (.347) and Clark was 13th (.324). Tillie was and reported for Basic Military Training to IN THE HOUSE OF REPRESENTATIVES also 11th in kills per set (3.80) and Clark is Lackland Air Force Base, Texas. After grad- Thursday, June 7, 2012 12th (3.73). uating from the Biomedical Equipment Mainte- Additionally, Carson Clark became the first nance Technician (BMET) course and com- Mr. COURTNEY. Mr. Speaker, I rise today player in MPSF history to be named to the pleting his first operational assignment at to extend my sincerest congratulations to the league’s first-team all four years. He also Blytheville Air Force Base, Arkansas, he relo- six distinguished graduates of Suffield High made UCI history becoming the first Anteater cated to the Department of Defense’s largest School who were inducted into the Suffield to earn AVCA All-American all four years. contingency hospital located at Royal Air Foundation for Excellent Schools’ 2012 Hall of Clark was named first team All-American as a Force Little Rissington in England. There, he Honor on May 18, 2012. The Hall of Honor is senior and sophomore, while garnering sec- played an integral role in establishing the first a highly competitive program established to ond team as a freshman and junior. Kevin Contingency Medical Equipment Repair Cen- put the spotlight on graduates of Suffield High Tillie and Jeremy Dejno joined Clark on the ter which serviced all contingency hospitals in School who have achieved noteworthy suc- All-Mountain Pacific Sports Federation first- Europe. cess in their careers in very diverse endeav- team, while Dan McDonnell was a second In 1990, Chief Elder was selected as an Air ors. It is no coincidence that such an impres- team All-MPSF honoree. It is the first time in Training Command technical training instructor sive group came from Suffield High School, a the program’s history that three Anteaters at Sheppard Air Force Base, Texas. There, he school that actively recruits high quality teach- have been selected to the MPSF first team in taught basic and advanced BMET courses be- ers and staff members. The town of Suffield the same year. UC Irvine joins UCLA as the fore being selected as a curriculum developer. itself has a proud tradition of supporting the only two teams to have three first-team MPSF Chief Elder was then selected as the Air Force high quality learning environment at Suffield honorees. This is the first MPSF honor for representative for tri-service consolidation of High School, which has been essential to its Tillie, Dejno and McDonnell. BMET training. He was instrumental in the success. The Hall of Fame is a part of that ef- Senior Carson Clark left his mark in the UCI successful consolidation of Army, Navy and fort. It seeks not only to celebrate past grad- record books. This season he became UCI ca- Air Force BMET training and the design and uates but also seeks to give students who are reer leader in kills (1,861), attack attempts construction of a new, first of its kind, $16 mil- presently enrolled or who will be enrolled, in- (4,042) and aces (183). He recorded 61 serv- lion Department of Defense BMET training fa- spiration and role models for their own studies ice aces this season, bettering his previous cility. and future careers. school mark of 50 set in 2010. During his assignment at Sheppard Air Mr. Charles R. Waterman is a nuclear Kevin Tillie was the last Sports Imports/ Force Base, Chief Elder received several hon- power and turnaround expert, who served as AVCA National Player of the Week (Apr. 24) ors including Air Education and Training Com- President of Electro Mechanics, Sensor Engi- honoree after his 20-kill performance against mand READY Augmenter of the Year, 882d neering, and Delas-Weir. Ms. Robbi Gorman UCLA in the MPSF quarterfinals. It is Tillie’s Training Group NCO of the Year, 384th Train- D’Allessandro is a writer of stage and screen second national award this year, taking the ing Squadron NCO of the Year, and DoD Bio- plays, and founded the Artist’s Donor Initiative honor on Jan. 31 as well. Carson Clark was medical Equipment Technician of the Year. to encourage artists to donate blood and bone named Sports Imports/AVCA Men’s Division I– Additionally, Chief Elder earned his inter- marrow. Mr. James Remington currently II National Player of the Week on Mar. 19. national certification as a Biomedical Equip- serves as the Lieutenant Commander of the UCI players have been named a Sports Im- ment Technician and was awarded the Air- U.S. Navy and has supported U.S. missions in ports/AVCA Player of the Week 20 times over- man’s Medal for heroism for his lifesaving ac- Kosovo, Bosnia and Herzegovina, Afghani- all with Clark also garnering the award on Apr. tions during an off-base house fire. stan, and Iraq. Mr. Toby J. Moffett, Jr., served 4, 2011 and Apr. 12, 2010. This year, Clark After serving in Alabama and Virginia, in four terms as Congressman for Connecticut’s was named MPSF Molten Player of the Week 2007, Chief Elder arrived at Fairchild Air Force Sixth District and now serves as chairman of

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.006 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1011 the Moffett Group, a government relations and SARAI VALDEZ Whereas, the 50th Anniversary of the devel- consulting firm. Mr. James Chapdelaine is a opment of Contemporary Glass Art in the famed musician as well as a film and tele- HON. ED PERLMUTTER United States is also being specifically cele- vision composer, and he has received 12 OF COLORADO brated and recognized on November 3rd, Emmy Awards and numerous Addy Awards. IN THE HOUSE OF REPRESENTATIVES 2012 by over 300 glass collectors, glass art- Mr. Ted W. Beneski is a renowned financier ists, curators, and art gallery owners at an Thursday, June 7, 2012 and was a founding principal of Carlyle Man- event sponsored by AACG on the Spirit of agement Group and chair of his own founda- Mr. PERLMUTTER. Mr. Speaker, I rise Chicago in connection with the Sculpture Ob- tion, the Ted and Laurie Beneski Foundation. today to recognize and applaud Sarai Valdez jects & Functional Art International Art Show Additionally, the Hall of Honors recognized for receiving the Arvada Wheat Ridge Service (SOFA) one of the World’s Foremost Fairs of Ms. Mary Anne Kelly Zak for ‘‘Excellence in Ambassadors for Youth award. Sarai Valdez is Art and Design Events at the Navy Pier in Chi- Education.’’ Ms. Zak taught in the Suffield a 12th grader at Jefferson Senior High and re- cago from November 1st through the 4th Public School system for over 20 years and ceived this award because her determination 2012, therefore be it served as an adjunct English professor at the and hard work have allowed her to overcome Resolved by the House of Representatives University of Connecticut. adversities. of the United States that we recognize the The dedication demonstrated by Sarai 50th Anniversary of the development of Con- These inductees have earned a place in the Valdez is exemplary of the type of achieve- temporary Glass Art in the United States; and Hall of Honors through exemplary contribu- ment that can be attained with hard work and be it further tions to their respective fields. Again, I ask my perseverance. It is essential students at all Resolved, that we applaud and honor the colleagues to join me in applauding their ac- levels strive to make the most of their edu- accomplishments of the Florida Glass Group complishments. cation and develop a work ethic which will and AACG as they celebrate the 50th Anniver- guide them for the rest of their lives. sary in the United States and proclaim the f I extend my deepest congratulations to year of 2012 as Contemporary Glass Art Sarai Valdez for winning the Arvada Wheat Awareness Year in the United States; and be IN MEMORY OF INVESTIGATOR Ridge Service Ambassadors for Youth award. it further WARREN LEWIS I have no doubt she will exhibit the same dedi- Resolved, that we encourage educators cation and character in all her future accom- throughout the United States to provide edu- plishments. cational programs for their students about HON. WALTER B. JONES f Contemporary Glass Art and to arrange for OF NORTH CAROLINA students to attend exhibitions and otherwise 50TH ANNIVERSARY OF THE participate in the various events and exhibi- IN THE HOUSE OF REPRESENTATIVES FLORIDA GLASS GROUP tions recognizing the 50th Anniversary of Con- Thursday, June 7, 2012 temporary Glass Art. We also encourage all HON. THEODORE E. DEUTCH citizens to attend events and exhibitions rec- Mr. JONES. Mr. Speaker, today I would like OF FLORIDA ognizing the 50th Anniversary of Contem- to pay tribute to a hero from Eastern North IN THE HOUSE OF REPRESENTATIVES porary Glass Art; and be it further Carolina who was killed in the line of duty last Thursday, June 7, 2012 Resolved, that suitable copies of this resolu- June 9. tion be delivered to the members of the Art Al- Mr. DEUTCH. Mr. Speaker, I would like to liance of Contemporary Glass and Florida Nash County (NC) Sheriff’s Office Investi- submit the following: Glass Group at the special celebration of the gator Warren B. Lewis III was assigned to the HOUSE RESOLUTION 50th Anniversary of Contemporary Glass Art in United States Marshals Service’s Eastern Dis- Whereas, 2012 marks the 50th Anniversary the United States on the Spirit of Chicago on trict of North Carolina Violent Fugitive Task of the development of Contemporary Art Glass November 3, 2012 during the SOFA Event at Force, where he was killed in the line of duty in the United States, and to celebrate the mile- Navy Pier in Chicago as a symbol of our re- in Kinston, NC, on June 9, 2011, while at- stone and recognize the many talented artists, spect and esteem for those organizations and tempting to apprehend a violent fugitive want- including many in Florida, more than 500 their memberships. ed for murder. glass demonstrations, lectures and exhibitions f Investigator Lewis has a stellar record of will take place in museums, galleries, art cen- service in the Nash County Sheriff’s Office. In ters, universities, art organizations, festivals INTRODUCTION OF THE HUDSON- 2002 he began his service to the people of and other venues across the United States, MOHAWK RIVER BASIN ACT OF Nash County as a Deputy and was eventually and 2012 promoted to Investigator and assigned to the Whereas, the Florida Glass Group is an Narcotics Division. Florida non-profit organization with over 75 HON. PAUL TONKO members primarily in Florida whose mission is Later assigned to the Eastern North Caro- OF NEW YORK to educate the public concerning the develop- IN THE HOUSE OF REPRESENTATIVES lina Violent Fugitive Task Force, Investigator ment and appreciation of Contemporary Glass Lewis served for over 3 years coordinating, lo- Art in Florida, and Thursday, June 7, 2012 cating, and arresting fugitives throughout the Whereas, the Art Alliance of Contemporary Mr. TONKO. Mr. Speaker, today I am intro- region. Glass (AACG) is a national non-profit organi- ducing the Hudson-Mohawk River Basin Act of In addition to serving the people of Nash zation with members primarily from the United 2012, a bill to authorize the Secretary of the County, Investigator Lewis was a family man, States, whose mission is to educate the public Interior to carry out projects and conduct re- a great friend, and a talented water skier. He and to provide grants to further the develop- search on water resources in the Hudson-Mo- leaves behind a wife, Shannon, two daugh- ment and appreciation of art made from glass hawk River Basin. The bill also establishes a ters, Lauren and Ashley, and his parents, (Contemporary Glass Art), and river basin commission to unify the five States Warren, Jr., and Ann. This is a tragedy, as it Whereas, AACG and the Florida Glass and five sub-basins that comprise the Hudson- is when any law enforcement officer is killed in Group inform and educate the public, including Mohawk River Basin—the Nation’s most the line of duty. But adding even more to the collectors, critics and art curators and provide densely populated river basin—to manage the tragedy is when a family is left behind. financial support with grants to University vital water resources that bind together the Glass Programs, Museums, Art Center Glass communities, economies, and heritage of the On behalf of the United States House of Exhibitions and other public glass programs northeast region in an integrated, holistic man- Representatives I express my deepest sym- for Contemporary Glass Art, and ner. pathy to the family of Investigator Lewis, and Whereas, the Boca Raton Museum of Art, For too long, the five sub-basins of this thank you for his life of service to the people the Norton Museum in West Palm Beach and basin have been addressed as independent of Eastern North Carolina. the Naples Museum of Art and other art entities. There is no overarching organization May God continue to bless the family of In- venues in Florida are having exhibitions in to facilitate coordination and collaboration of vestigator Lewis, the Nash County Sheriff’s 2012 in recognition of the 50th Anniversary of the many efforts underway within each of Office, the U.S. Marshals Service, and our the development of Contemporary Glass Art in these areas. The landscape, however, oper- country. the United States; and ates differently. It functions as a whole. These

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.008 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1012 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 sub-basins are intimately connected to each sins directly impacts quality in the Lower Hud- Commission would adopt an annual budget in- other by the waters that course through their son. Yet, in comparison to the Lower Hudson, cluding information about individual projects streams and tributaries to eventually reach the these two areas have far less institutional in- and their costs, along with identifying the ap- New York-New Jersey Harbor. Actions taken frastructure and have received far less atten- propriate financing. The bill provides the Sec- by individual entities within each sub-basin tion in the ongoing effort to restore the health retary of the Interior with $25 million per year have impacts that extend beyond local bor- of the Hudson River and its estuary. The to fund projects that are consistent with the ders. Years of progress in environmental Lower Hudson is a great success story—one comprehensive plan and spelled out in more sciences inform us that ecosystem-based that I would like to see repeated for the Mo- detail in the water resources program. management and watershed-level planning will hawk and Upper Hudson. The locally-spawned The Commission’s plan, developed in con- result in the most sustainable outcomes. A efforts of dedicated citizens to embrace the sultation with the member States, Federal river basin commission would provide the Lower Hudson, advocate for its stewardship, agencies, local governments, non-govern- forum to facilitate a whole-basin view. and work to improve its floodplain served as mental organizations, and all other water Our country has a long experience of using the impetus for State government to become users, will tie together the many organizations commissions to bring different jurisdictions to- more involved. The goal of this legislation is to and interests throughout the basin to tackle gether to promote sound management of com- create a basin commission in order to assist large-scale projects. The plan must be devel- mon resources. In the West, there was early these communities further and to engage the oped in collaboration with citizens and local recognition that the seven basin States of the other sub-basins to accelerate development of communities. It would provide a unifying vision Colorado River needed to work together to en- their water resource programs by imitating for the basin and its water resources. And, as sure equitable access and proper manage- successful programs of the Lower Hudson. I have indicated above, the plan developed ment of the Colorado River. In the East, the The organizational infrastructure of the Lower through a collaborative process will build a Delaware, Susquehanna, and Potomac River Hudson Sub-basin provides an excellent foun- basin-wide organizational structure that will Basin Commissions and the Appalachian Re- dation for building similar organizational give basin states and communities the frame- gional Commission have guided cooperative strength in the Mohawk and Upper Hudson work to compete for additional resources for efforts of neighboring States to develop and Sub-basins. Stronger partnerships among the region. manage important common resources for the communities in the Upper Hudson and Mo- The natural and historic resources of the benefit of the region. The Hudson-Mohawk hawk Sub-basins will enable these regions to Hudson-Mohawk River Basin are fundamental River Basin deserves similar attention. redesign and rebuild infrastructure to promote building blocks that we can use to re-invig- A 2007 study by Canadian authors Dalton, economic development, provide better flood orate local communities throughout the Basin. Dalton, and McLean documented the current protection, and improve water quality that will The devastating flood events that occurred in management regime in the Hudson-Mohawk complement the efforts of downstream com- many communities in the Basin last year com- River Basin. The findings are staggering, in- munities and improve conditions not only in pel us to re-think our connection to the rivers cluding over 2,000 distinct governmental orga- the immediate area but also in the Lower Hud- and tributaries throughout the Basin. Our inter- nizations: 12 federal agencies, 67 State agen- son and the Harbor. connectedness was visible to the naked eye. cies, 66 county agencies, and over 1,700 mu- The Raritan and Passaic River Sub-basins We need to better adapt our infrastructure to nicipal agencies with some jurisdiction over have, for too long, been viewed as mature in- be more resilient to floods. But more than that, land and water use. There are also over 200 dustrial corridors rather than as sources of if we integrate improvements in water quality non-profit organizations that focus on issues community revitalization and economic oppor- and wildlife habitats into plans for the redevel- related to land and water management tunity. Through the efforts of the State of New opment of waterfronts, we will reconnect citi- throughout the Basin. These statistics are in- Jersey in partnership with the Federal Govern- zens and communities to the river to yield rec- dicative of the intense interest that residents ment and many dedicated non-profit organiza- reational, community, and economic benefits. and communities in the Basin have in its re- tions like the Raritan Headwaters Association As communities are drawn together through sources and their management. and the Passaic River Coalition, water quality the public planning process authorized in the The New York Ocean and Great Lakes Eco- of these mighty rivers has improved in recent bill, they will be able to work on common prior- system Conservation Council created in 2006 decades. However, more effort is needed if ities and launch a new chapter of prosperity in was an important step forward recognizing the these watersheds and the marshes and bays the history of the Basin. need to manage New York State’s coastal of the New York-New Jersey Harbor are to be The Hudson-Mohawk River Basin, together areas through ecosystem-based management. restored to ecological health and the New with the Erie Canal, connects the Great Lakes The Council plays a vital coordinating role for York Bight is to reach its full environmental to the Atlantic Ocean. The Hudson-Mohawk State agencies and for the many local govern- and economic potential. The excellent work River Basin is the cradle of our American de- ments, non-profit groups, businesses, and citi- being done by the Environmental Protection mocracy. The footprints of the earliest North zens who depend upon our coastal eco- Agency’s, EPA, New York-New Jersey Harbor American civilization and the early develop- systems. These systems are influenced by the Estuary Program and Hudson River Estuary ment of our modern Nation are replete and waters that flow into them and connect them Program—the latter of which was recently ex- scattered throughout this entire region. The through the Hudson, Mohawk, Passaic, and panded to Troy, NY—would be aided greatly waters of the Hudson, Mohawk, Raritan, and Raritan Rivers. by improvements in the water quality of the Passaic Rivers formed our early transportation The sheer number and diversity of organiza- rivers that eventually flow into the Harbor. networks and provided the food and power tions operating within these five basin States EPA and other agencies acknowledge the im- that enabled us to forge the Nation and initiate present a significant challenge to considering portance of a holistic approach, and I believe the early westward expansion of the country projects and policies that impact the basin in that formation of a whole basin plan will afford we know today. Essentially, the water of the a holistic manner. Despite these hurdles, us the opportunity to build upon the successes Hudson-Mohawk Basin is the ink that wrote these many entities have provided tremendous achieved in each of the Sub-basins and to our early history. This important common herit- vision, stewardship and creativity for many magnify their impacts throughout the Basin. In age should be revered and celebrated. It has years. A commission would be in a position to addition, the comprehensive plan developed been more than 400 years since the first Euro- build upon their work and provide the five by the commission through an inspired, col- pean settlements were established in the wa- States of the basin a single forum for working laborative process with the public would pro- tersheds of the Hudson, Mohawk, Raritan and together with the Federal Government to co- vide the framework for additional Federal re- Passaic Rivers. We should keep faith with ordinate and encourage cooperation among sources for the region. those early pioneers and ensure a bright fu- the many interested parties who have a stake My legislation is modeled on other success- ture for our children and generations to follow in the basin. Development of a basin-wide ful regional programs and river basin commis- by working together to maintain the health and plan that places the individual on-going efforts sions. The Governors of each of the five basin beauty of these mighty waterways and pro- into a whole-basin context would facilitate our States would serve on the commission along moting economic development compatible with ability to apply ecosystem-based management with the Secretary of the Interior as a rep- these great environmental assets. I believe the principles in a consistent and efficient manner. resentative of the Federal Government. The establishment of a Hudson-Mohawk River The Mohawk and Upper Hudson sub-basins Commission is charged with planning and im- Basin program with a river basin commission contribute over half of the flow of water to the plementing projects and policies that govern to guide this effort will help us to accomplish lower Hudson River. Water quality in these ba- the use of water resources in the basin. The these worthy goals.

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JN8.011 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1013 HONORING PEACE ACTIVIST DICK Service Ambassadors for Youth award. Sa- ond to none and will truly be missed. I wish HEIDKAMP vannah Pride is a 7th grader at Everitt Middle him the best in all of his future endeavors. School and received this award because her f determination and hard work have allowed her HON. JANICE D. SCHAKOWSKY PERSONAL EXPLANATION OF ILLINOIS to overcome adversities. IN THE HOUSE OF REPRESENTATIVES The dedication demonstrated by Savannah Pride is exemplary of the type of achievement HON. SUE WILKINS MYRICK Thursday, June 7, 2012 that can be attained with hard work and perse- OF NORTH CAROLINA Ms. SCHAKOWSKY. Mr. Speaker, I rise to verance. It is essential students at all levels IN THE HOUSE OF REPRESENTATIVES recognize Dick Heidkamp, a former Catholic strive to make the most of their education and Thursday, June 7, 2012 priest and member of the Chicago Religious develop a work ethic which will guide them for Leadership Network on Latin America, an or- the rest of their lives. Mrs. MYRICK. Mr. Speaker, I was unable to ganization that seeks to promote peace and I extend my deepest congratulations to Sa- participate in the following votes. If I had been improve the lives of people living in Latin vannah Pride for winning the Arvada Wheat present, I would have voted as follows: American countries. Throughout his career, Ridge Service Ambassadors for Youth award. June 5 2012: Dick has passionately advocated for human I have no doubt she will exhibit the same dedi- Rollcall vote 315, On agreeing to the rights, peace, and justice for all, with a special cation and character in all her future accom- McClintock Amendment—I would have voted focus on Central and South America. plishments. ‘‘nay.’’ Dick has been a member of the Peace and f Rollcall vote 316, On agreeing to the Hirono Justice Committee at the Mary Seat of Wis- Amendment—I would have voted ‘‘nay.’’ dom Church in Park Ridge, Illinois, for 38 RECOGNIZING MAJOR GENERAL Rollcall vote 317, On agreeing to the years. He has also advocated for justice at or- TIMOTHY J. LOWENBERG McClintock Amendment—I would have voted ganizations throughout Chicagoland, including ‘‘nay.’’ Illinois SOA Watch, Eighth Day Center for Jus- HON. ADAM SMITH Rollcall vote 318, On agreeing to the Mathe- tice, Su Casa Catholic Worker, and Cristo Ray OF WASHINGTON son Amendment—I would have voted ‘‘nay.’’ High School. IN THE HOUSE OF REPRESENTATIVES June 6 2012: Rollcall vote 345, On agreeing to the Moore Dick first brought his high energy commit- Thursday, June 7, 2012 ment to Chicago Religious Leadership Net- amendment—I would have voted ‘‘nay.’’ work in 1998. He has been a dedicated partic- Mr. SMITH of Washington. Mr. Speaker, I Rollcall vote 346, On agreeing to the Broun ipant in CRLN, serving on its Board of Direc- rise to honor Major General Timothy J. (GA) amendment—I would have voted ‘‘nay.’’ tors since 1999. In his time at CRLN, Dick has Lowenberg for his years of service to Wash- Rollcall vote 347, On agreeing to the Holt traveled throughout Latin America promoting ington State and our country. He has served Amendment—I would have voted ‘‘nay.’’ justice and peace in underdeveloped coun- our state for decades, most recently as The Rollcall vote 348, On agreeing to the Clarke tries, seeking to improve the lives of people Adjutant General for the State of Washington. Amendment—I would have voted ‘‘nay.’’ living in nations such as Cuba, Guatemala, El In this role, he served as commander of all Rollcall vote 349, On agreeing to the Clarke Salvador, and Colombia. Washington Army and Air National Guard Amendment—I would have voted ‘‘nay.’’ Dick has consistently advocated for policies forces and Director of the State’s Emergency Rollcall vote 350, On agreeing to the Hahn that would increase standard of living for all Management and Enhanced 911 programs. Amendment—I would have voted ‘‘nay.’’ people, recognizing that poverty is not just a Major General Lowenberg was commis- Rollcall vote 351, On agreeing to the Hahn tragedy for individuals and families but a key sioned as an officer in the Air Force concur- Amendment—I would have voted ‘‘nay.’’ cause of global instability. Dick has fought for rent with his graduation from the University of Rollcall vote 352, On agreeing to the Poe a U.S. foreign aid system that considers Iowa in 1968. In 1971, he earned a Doctor of Amendment—I would have voted ‘‘aye.’’ human rights above militarization. He has also Jurisprudence degree from the University of Rollcall vote 353, On agreeing to the Bishop lobbied Congress to end military aid to Colom- Iowa, College of Law. Prior to becoming The Amendment—I would have voted ‘‘aye.’’ bia and to eliminate the trade embargo of Adjutant General, Major General Lowenberg Rollcall vote 354, On agreeing to the L. Cuba, arguing that it keeps essential goods served as the Air National Guard Assistant to Sanchez Amendment—I would have voted away from the Cuban people. The Judge Advocate General of the Air Force. ‘‘nay.’’ Understanding the plight of impoverished In this role, he oversaw programs affecting Rollcall vote 355, On agreeing to the Jack- economies, Dick led the CRLN public policy more than 114,000 Air Guard members, son-Lee Amendment—I would have voted delegation to Washington D.C. for the Jubilee trained all Air Guard judge advocates and ‘‘nay.’’ 2000 campaign. That successful campaign paralegals, and developed the civil affairs mis- Rollcall vote 356, On agreeing to the Hig- pushed to cancel third world debt owed to the sion of the United States Air Force. gins Amendment—I would have voted ‘‘nay.’’ wealthiest nations of the world. Looking out for In 1999, Governor Gary Locke appointed Rollcall vote 357, On agreeing to the Bishop the average citizen, Dick and CRLN believed Major General Lowenberg Adjutant General. Amendment—I would have voted ‘‘nay.’’ that this debt cripples already-struggling na- He led the Washington State National Guard’s f tions, preventing their governments from sup- transition from a strategic reserve to an oper- PERSONAL EXPLANATION plying services for their people. ational reserve, making the Washington State Dick has always sought to give a voice to National Guard a vital component of the oper- the voiceless. He has been a cheerful and ations in Iraq and Afghanistan. He also led HON. MARTIN HEINRICH committed public witness for nonviolent action emergency responses to a variety of events, OF NEW MEXICO in response to injustice worldwide, bringing at- including the 1999 WTO Riot in Seattle, IN THE HOUSE OF REPRESENTATIVES wildfires in 2000, flooding across western tention to some of the Western Hemisphere’s Thursday, June 7, 2012 most overlooked problems. I congratulate him Washington in 2007 and 2009, and state pre- on his decades of service and his vocal sup- paredness for the 2010 Olympics in Van- Mr. HEINRICH. Mr. Speaker, I unfortunately port of justice, peace, and human rights in couver, British Columbia. missed nine votes today, which including roll- Latin America. Major General Lowenberg is the second call votes 306, 307, 308, 309, 310, 311, 312, 313 and 314. f longest-serving Adjutant General since the creation of the Washington Territorial Militia in If I had been present, I would have cast the SAVANNAH PRIDE 1855. His leadership and hard work will be re- following votes on amendments to H.R. 5325, membered for the advances he implemented Energy and Water Development and Related HON. ED PERLMUTTER in the National Guard during a crucial time in Agencies Appropriations Act, 2013: OF COLORADO the history of our Nation and the National Rollcall vote 306 (Scalise Amendment): IN THE HOUSE OF REPRESENTATIVES Guard. ‘‘yea.’’ Mister Speaker, it is with great pleasure that Rollcall vote 307 (King Amendment): ‘‘no.’’ Thursday, June 7, 2012 I honor Major General Lowenberg on his re- Rollcall vote 308 (Moran Amendment): Mr. PERLMUTTER. Mr. Speaker, I rise tirement. His leadership on military issues, ‘‘yea.’’ today to recognize and applaud Savannah homeland security and domestic prepared- Rollcall vote 309 (Hultgren Amendment): Pride for receiving the Arvada Wheat Ridge ness, at the state and federal level, are sec- ‘‘no.’’

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.013 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1014 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 Rollcall vote 310 (Chaffetz Amendment): made by our veterans. At the age of 18, in A TRIBUTE TO LIEUTENANT ‘‘no.’’ November 1942, I enlisted in the U.S. Army COMMANDER EDWARD LEE SR. Rollcall vote 311 (McClintock Amendment and served during WWII as a rifleman in Co. F, 333rd Infantry Regiment of the 84th Divi- No. 6): ‘‘no.’’ sion, participating in the battle for Europe. HON. ROBERT A. BRADY Rollcall vote 312 (Kaptur Amendment): Now, 67 years after the end of WWII, I still OF PENNSYLVANIA ‘‘yea.’’ remember the days of blood, mud and hot IN THE HOUSE OF REPRESENTATIVES Rollcall vote 313 (Tonko Amendment): ‘‘no.’’ steel and the impact of such days on my bud- Rollcall vote 314 (Hahn Amendment): ‘‘yea.’’ dies, my friends and my relatives serving in Thursday, June 7, 2012 f the armed forces. I still remember my Army Mr. BRADY of Pennsylvania. Mr. Speaker, I buddy, 19-year-old Bob Koebler, killed in ac- rise today to honor Lieutenant Commander TANYA ESTRADA tion on Dec. 2, 1944, my Uncle David Golush Edward Lee Sr. For 34 years, Lieutenant who died of wounds received during the bat- Commander Lee has served in the United tle for Sicily and my high school friend, Bill HON. ED PERLMUTTER Miller, who died when his bomber crashed. I States Navy and in the fall will celebrate his OF COLORADO remember that there were exactly 34 bunks retirement after decades of service to his com- IN THE HOUSE OF REPRESENTATIVES in a German reinforced concrete fortification munity. because a wounded American soldier occu- Lieutenant Commander Lee has deployed Thursday, June 7, 2012 pied each one. I remember the mistreatment ten times to the Indiana Ocean, Gulf of Oman, Mr. PERLMUTTER. Mr. Speaker, I rise and slow starvation of Americans who were Sea of Japan, and Mediterranean during his today to recognize and applaud Tanya POW’s. I remember all the things I don’t career. Promoted to his current rank of Lieu- Estrada for receiving the Arvada Wheat Ridge want to remember. tenant Commander in June of 2008, it is evi- Service Ambassadors for Youth award. Tanya As I remember, I readily relate to those dent that Lieutenant Commander Lee has truly Estrada is a 12th grader at Jefferson Senior veterans who sacrificed body and mind dur- committed himself to the United States Navy. High and received this award because her de- ing WWII, Korea, Vietnam, Bosnia, Gulf Storm, Iraq, Afghanistan and the wars before Subsequent to his time in the service, Lieuten- termination and hard work have allowed her to and in-between to preserve this great coun- ant Commander Lee has taken great pride in overcome adversities. try we live in—the United States of America. furthering his education. In 2004, LCDR grad- The dedication demonstrated by Tanya I am forever grateful for those sacrifices, uated Cum Lade with a Bachelor of Science Estrada is exemplary of the type of achieve- which now enable my children, grand- degree from Saint Leo University. In addition ment that can be attained with hard work and children and great grandchildren to live with Lieutenant Commander Lee received his Mas- perseverance. It is essential students at all equality and freedom. ter’s of Science in Information Assurance from levels strive to make the most of their edu- I also remember that during WWII, our University of Maryland. cation and develop a work ethic which will country acted like a sleeping giant who had Lieutenant Commander Lee’s personal guide them for the rest of their lives. been rudely awakened. Americans were decorations include the Navy and Marine I extend my deepest congratulations to united as one, as close together as the fin- Corps Commendation Medal (five awards), the gers in a closed fist. Our decisions were based Tanya Estrada for winning the Arvada Wheat on one consideration—what was best for Navy and Marine Corps Achievement Medal Ridge Service Ambassadors for Youth award. America. ‘‘What is in it for me’’ was not a (four awards), and several other Service and I have no doubt she will exhibit the same dedi- permissible thought. We accepted rationing, Campaign ribbons and medals. He was pro- cation and character in all her future accom- censorship and lack of goods in the stores. moted to the rank of E–8 (SCPO) in February plishments. We grew our own vegetables in victory gar- of 1998, as a result of his selecting for the dens, we conserved everything, we had air f Limited Duty Officer Commissioning Program. raid drills and bought E bonds to save our After that, he worked his way up to the rank A VETERAN’S MESSAGE TO HIS economy and onward the list goes—winning of Lieutenant Commander COUNTRY was not only our sole objective, but also our only option in order to preserve our freedom. Lieutenant Commander Lee’s long and im- pressive career showcases his commitment As we face the challenges of today and the and service to not only his local community HON. BARNEY FRANK new challenges to come, I wonder if we can OF MASSACHUSETTS again work in unity for the best interests of but also to the Nation. Mr. Speaker, I ask that IN THE HOUSE OF REPRESENTATIVES the country. Will we be able to pass along to you and my other distinguished colleagues join me in thanking LCDR Edward Lee Sr. for Thursday, June 7, 2012 future generations the same opportunities we were provided by those who sacrificed his work and congratulate him on the occasion Mr. FRANK of Massachusetts. Mr. Speaker, their lives for all that is great about Amer- of his retirement. I am very proud of the members of my family ica? f who have served this country in wartime. My To ensure a bright future for our country, cousin Arthur Cozewith, has remained a vig- I ask all of you not to forget that these sac- CELEBRATING CHUCK ROGERS’ 25 orous advocate for fair treatment for all of our rifices led to our resulting good fortune. YEARS AT SPRINGFIELD LITTLE veterans. Adopt a creed that fits within President THEATRE On Memorial Day this year, he was the John Kennedy’s words, ‘‘Ask not what your country can do for you, but what you can do guest speaker after the parade in his home- for your country.’’ Insist that those in HON. BILLY LONG town of Pearl River, New York, and he shared power, both elected and non elected, act in a OF MISSOURI with me the remarks he made on that occa- manner that puts country first. Keep in mind IN THE HOUSE OF REPRESENTATIVES sion. the truth in the adage ‘‘United we stand . . . Thursday, June 7, 2012 I grew up listening to Arthur’s stories of divided we fall.’’ Become and remain what he and the others went through during proactive in promoting and implementing Mr. LONG. Mr. Speaker, for 25 years John World War II, including the experience of pris- these ideals after today’s remembrances R. ‘‘Chuck’’ Rogers has tapped into his artistic oners of war, and I continue to be inspired by have gone by. talents to entertain audiences at the Spring- his determination to see that others who serve And finally, show your appreciation to the field Little Theatre. are treated the way they should be treated by Veteran Community. If you are an uncom- As the Springfield Little Theatre’s technical mitted eligible Veteran, Pearl River Amer- director, Chuck has played an instrumental a nation that should be grateful, and through ican Legion Post 329 and VFW post 7370 wel- its gratitude helps define our greatness. role in more than 175 productions. comes you to join us as we reach out to Vet- I had the honor of working with him and Mr. Speaker, as an expression of family erans and the community at large. seeing up close his talents and passion for the pride and in agreement with his message, I Remember our war disabled veterans and ask that the eloquent remarks of my cousin theatre when he directed me in a production work to alleviate their on going pain and of Cheaper by the Dozen in 1994. Having no Arthur Cozewith be printed here as a reminder suffering by insisting that our Congress and to us as we legislate this year on matters af- Veterans Administration eliminate an anti- prior acting experience, I can attest to the tre- fecting veterans of how important our duty is. quated processing system which results in mendous job and care he puts into the entire I would like to thank Honorable Judge and delaying claims in some cases for more than production. Vietnam War flyer extraordinaire Paul a year. In addition to the Springfield Little Theatre, Phinney III for the Honor on this Memorial Thank you for listening. G-d Bless us all Chuck shares his artistic talents with the Day of presenting some of my memories, and G-d Bless America. Springfield Ballet, Springfield Regional Opera, thoughts and thanks related to the sacrifices —Arthur Cozewith Ozarks Technical Community College, The

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.016 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1015 Creamery Arts Center, and Drury University. dren off the bus into cramped vans and drove on to a second generation of her family who He has also helped with public television 100 miles to a rock quarry in Livermore, Cali- have now begun their proud and faithful serv- shows in Branson, Missouri. fornia. ice to this Nation. The Springfield community and surrounding As part of an elaborate plot to obtain $5 mil- Today, Harold Roebuck IV and Eddie area is lucky to have a neighbor like Chuck. lion dollars in ransom, the kidnappers forced Moorehead are following in the footsteps of He continues to provide us with great enter- Mr. Ray and the children into a makeshift their parents in proud service to this Nation. tainment after more than 25 years of involve- bunker made from a moving van buried in the It is important to always remember that fam- ment in the arts. ground. Before leaving the scene, the kidnap- ilies like Violet Roebuck’s are clear examples I want to congratulate Chuck Rogers’ 25 pers covered the roof of the van with steel of what makes this Nation so great. years at the Springfield Little Theatre and wish plates, 100 pound vehicle batteries, and dirt. Today, I am humbled to have the oppor- him continued success. Break a leg Chuck! Despite risk of further danger, Mr. Ray and tunity to bring the attention of this house to a f several of the older children in the group used family of true American heroes. materials found in the van to dig their way out. To the Roebuck family, God bless you and TYIA JOHNSON After 16 hours of clearing debris, Mr. Ray was your family’s brave service to this Nation. able to help all of the children escape from the With that, I ask my colleagues to join me in HON. ED PERLMUTTER underground van. recognizing and honoring the achievements of OF COLORADO Because of Mr. Ray’s bravery, selflessness, this patriotic American family. IN THE HOUSE OF REPRESENTATIVES and loving sense of responsibility for the chil- f Thursday, June 7, 2012 dren in his care, all 26 students escaped the kidnapping ordeal safely. He assisted in the HONORING THE 100TH ANNIVER- Mr. PERLMUTTER. Mr. Speaker, I rise apprehension of the kidnappers—all three of today to recognize and applaud Tyia Johnson SARY OF THE INTER AMERICAN which are serving life sentences. His heroic UNIVERSITY OF PUERTO RICO for receiving the Arvada Wheat Ridge Service actions and leadership in the face of uncertain Ambassadors for Youth award. Tyia Johnson danger established him as a hero in the ´ is a 12th grader at Jefferson Senior High and Chowchilla community. In addition to local ap- HON. JOSE E. SERRANO received this award because her determination preciation, his heroic efforts in the nationally OF NEW YORK and hard work have allowed her to overcome renowned kidnapping became an example of IN THE HOUSE OF REPRESENTATIVES adversities. excellence across America. Just two months Thursday, June 7, 2012 The dedication demonstrated by Tyia John- after the crime, Mr. Ray resumed his route on son is exemplary of the type of achievement the same bus. He retired from Alview- Mr. SERRANO. Mr. Speaker, today I rise to that can be attained with hard work and perse- Dairyland Union School District in 1988, after pay tribute to the Inter American University of verance. It is essential students at all levels 40 years of service. Puerto Rico, which is celebrating 100 years strive to make the most of their education and Mr. Ray passed away in May 2012 at the since its establishment on the island of Puerto develop a work ethic which will guide them for age of 91. In the days preceding his death, he Rico. the rest of their lives. was visited by many of the students he saved The Inter American University of Puerto I extend my deepest congratulations to Tyia 35 years ago. Mr. Ray is survived by his wife, Rico was founded in 1912 as the Polytechnic Johnson for winning the Arvada Wheat Ridge Odessa, with whom he would have celebrated Institute of Puerto Pico, by Reverend John Will Service Ambassadors for Youth award. I have 70 years of marriage in June 2012. He is also Harris. At the time they offered elementary no doubt she will exhibit the same dedication survived by his two sons, Glen and Danny; his and secondary education in the town of San and character in all her future accomplish- sister, Esther Danelli; three grandchildren; and German. In 1944, the university was accred- ments. three great-grandchildren. He will be missed ited by the Middle States Association of Col- f by the close-knit community of Chowchilla. leges and Schools, making it the first liberal Mr. Speaker, please join me in post- arts college to be so accredited in Puerto HONORING MR. FRANK EDWARD humously honoring Mr. Frank Edward Ray for Rico. RAY his invaluable service to his community. His Over the last century, the Inter American legacy will not soon be forgotten. University of Puerto Rico has greatly ex- panded, educating thousands of students pur- HON. JEFF DENHAM f OF CALIFORNIA suing their studies in the humanities, social IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE ROEBUCK sciences, and hard sciences. Under the lead- FAMILY’S MILITARY SERVICE ership of University President Dr. Manuel J. Thursday, June 7, 2012 Fernos, today the Inter American University of Mr. DENHAM. Mr. Speaker, I rise today to HON. RICHARD B. NUGENT Puerto Rico has more than 50,000 registered posthumously honor the life and legacy of San OF FLORIDA students at eleven sites, including schools Joaquin Valley resident Mr. Frank Edward specializing in optometry and law. As the only IN THE HOUSE OF REPRESENTATIVES Ray. Mr. Ray will be remembered as a hero optometry school in Latin America, it is the for the brave actions he took to rescue twenty- Thursday, June 7, 2012 main provider of bilingual optometrists in the six young school children who fell victim to a Mr. NUGENT. Mr. Speaker, I rise today to world. school bus kidnapping plot while in his care. recognize and honor a proud American family The university also stands out for its exten- Frank Edward Ray, or Ed as he was known, with over one hundred total years of military sive offering of online courses, making it a was born in Le Grand, California on February service to this Nation. leader in distance learning. The Inter Amer- 26, 1921. As a boy, his family relocated to In 1980, Violet I. Roebuck, originally from ican University of Puerto Rico prides itself on Chowchilla, California. After graduating from St. Croix, U.S. Virgin Islands, moved with her their international partnerships with other pres- Chowchilla Union High School in 1940, Mr. family, to Lake Placid, Florida. tigious universities located in Spain, England, Ray married his wife, Odessa, in 1942. The Harold Roebuck Jr., father to Carlos, Harold Italy, Mexico, China, and the Dominican Re- couple purchased a ranch in Dairyland, Cali- III, Venecia and Gisette tragically died shortly public. The university also maintains a large fornia on which they farmed alfalfa, corn, and after the family’s move to Florida during a re- number of partnership programs with schools raised dairy cows. In the early 1950’s, Mr. Ray turn trip to St. Croix. their mother, Violet I. located in the 50 States. These partnerships went to work for Dairyland Union School Dis- Roebuck had the difficult task of raising her and programs expand the knowledge and ex- trict as a bus driver. five children, including her eldest son Wayne periences of the university’s students, and While driving a busload of summer school Moorehead, as a working single mother. have made the Inter American University of students home in the summer of 1976, Mr. Of her five children, four served in the mili- Puerto Rico a recognized cultural bridge be- Ray’s daily route quickly became anything but tary, each for more than 20 years for a total tween North America and Latin America. normal. As he drove the bus along a tree-lined of over 80 years of service. In addition, Vio- Mr. Speaker, I ask my colleagues to join me avenue, he encountered a white van blocking let’s son-in-law Ira Wenze II served an addi- in recognizing the 100th anniversary of this the road. After Mr. Ray brought the bus to a tional 22 years. historic institution of higher education, which stop to avoid a collision with the van, three With such a strong commitment to this Na- has made a lasting impact on students in armed men hijacked the school bus. The as- tion, it’s really no surprise that the patriotism Puerto Rico and throughout the rest of both sailants forced Mr. Ray and the 26 school chil- Violet had instilled in her children was passed the United States and Latin America.

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JN8.019 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1016 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 TESLA MILLER as a computer programmer and a proof read- HONORING WILLIAM EDWARD er, before her current profession—Travel SAXTON HON. ED PERLMUTTER Agent. She is the manager of Transland Trav- OF COLORADO el Bureau, a family-owned business. Arlene’s HON. THADDEUS G. McCOTTER IN THE HOUSE OF REPRESENTATIVES husband is Co-President of Fleetwood Syna- OF MICHIGAN gogue. Her daughter is an English teacher at IN THE HOUSE OF REPRESENTATIVES Thursday, June 7, 2012 the Moriah School in Englewood, New Jersey. Mr. PERLMUTTER. Mr. Speaker, I rise Arlene’s dedication to Fleetwood Synagogue Thursday, June 7, 2012 today to recognize and applaud Tesla Miller is apparent to all who know her. Mr. MCCOTTER. Mr. Speaker, today I rise for receiving the Arvada Wheat Ridge Service I join with Fleetwood Synagogue in honoring to honor the extraordinary life of William Ed- Ambassadors for Youth award. Tesla Miller is Arlene Lowenstein for the good work she has ward Saxton and to mourn him upon his pass- a 12th grader at Arvada West High and re- done in the community for so many years. ing at the age of 86. ceived this award because her determination She is a living mitzvah. Born in Hazel Park, Michigan on March 14, and hard work have allowed her to overcome f 1926 to Dean and Margaret Saxton, Bill grad- adversities. uated from Plymouth High School, where he The dedication demonstrated by Tesla Miller IN HONOR OF MASTER SERGEANT met his future wife Valerie, in 1944. He served is exemplary of the type of achievement that CHILDS honorably in the U.S. Navy during World War can be attained with hard work and persever- II and went on to study business management ance. It is essential students at all levels strive HON. MIKE ROSS and engineering at the University of Michigan, to make the most of their education and de- OF ARKANSAS graduating in the late 1940’s. Bill and Valerie velop a work ethic which will guide them for IN THE HOUSE OF REPRESENTATIVES married in the summer of 1947. Taking the the rest of their lives. Thursday, June 7, 2012 reins from his father, Bill became the owner I extend my deepest congratulations to and operator of Saxton’s Garden Center, an Tesla Miller for winning the Arvada Wheat Mr. ROSS of Arkansas. Mr. Speaker, I rise 83-year-old family business in Plymouth, Ridge Service Ambassadors for Youth award. today to honor a true patriot who died in serv- Michigan. A historical cornerstone of Plym- I have no doubt she will exhibit the same dedi- ice to this great country. On May 4, 2012, outh’s pedestrian friendly downtown located at cation and character in all her future accom- Master Sergeant Gregory L. Childs died of a Ann Arbor Trail and Penniman, the former plishments. non-combat related illness at the age of 38 in Saxton’s Feed Company once served as a Kabul Province, Afghanistan, in support of Op- f stop on the Underground Railroad. eration Enduring Freedom. Under Bill’s knowledgeable and forthright HONORING ARLENE LOWENSTEIN Master Sergeant Childs was raised in War- leadership, Saxton’s Feed Company ren, Arkansas, where he graduated from War- transitioned from farm-supply and livestock HON. ELIOT L. ENGEL ren High School in 1992. After graduation, he feed to Saxton’s Garden Center as farms gave OF NEW YORK joined the United States Army where he way to subdivisions. Bill became active in the IN THE HOUSE OF REPRESENTATIVES served his country with honor for 20 years, Plymouth Community and the Plymouth traveling to Bosnia, Germany, Columbia, and Thursday, June 7, 2012 Chamber of Commerce. Saxton’s is a peren- two tours to Afghanistan. He excelled through nial sponsor of the Plymouth Ice Festival, Art Mr. ENGEL. Mr. Speaker, Arlene the ranks of the Non-Commissioned Officer in the Park and many other downtown events. Lowenstein began volunteering for Jewish (NCO) Corps and earned the rank of Master Kellogg Park borders Saxton’s just to the west causes as a pre-teen by standing outside of Sergeant (MSG), one of the highest ranks you and has become a focal point of the commu- E.J. Korvettes on Central Avenue in can receive in the U.S. Army NCO Corps. At nity thanks to the generosity of patrons like Bill Scarsdale, collecting funds for Israel during the time of his death, Master Sergeant Childs Saxton. the Six-Day War. She has not ceased her was assigned to the Defense Logistics Agen- Sadly, on June 4, 2012, Bill succumbed to support of Israel. cy, Administrative Support Center, Fort his second battle with cancer and passed from Arlene is now Fleetwood Synagogue’s Belvoir, Virginia. this earthly world to his eternal reward. He is Treasurer and Finance Committee Chair. Although I never had the honor to meet survived by his beloved wife of nearly 65 Fleetwood Synagogue is an organization that Master Sergeant Childs, on behalf of the State years, Valerie and his precious children Alan, relies almost entirely on volunteers and of Arkansas, I extend my sincere condolences Craig and Christopher. Reuniting in eternity Arlene’s duties include many that are normally to his family, friends and all who knew him for with his adored daughter Karin, Bill will long done by an organization’s staff, including bill- this devastating loss. be remembered by grandchildren NicheIle, ing members, paying bills, banking, reporting Master Sergeant Childs is survived by his Lauren, Christopher and Sarah. He leaves a tax and donation information, and maintaining daughter, Kourtlan Iman Childs of Arlington, legacy in his cherished great grandchild Con- the synagogue’s contact lists. Texas; his mother, Eula Childs of Warren, nor and will be sorely missed by his treasured She treats her volunteering activities with Ark.; his brother, Shawn Childs of Little Rock, siblings Dean and Margaret. absolute seriousness, and ensures that what- Ark.; a grandmother, Maola Jones of Hermit- Mr. Speaker, William Saxton will be long re- ever tasks she undertakes are done accu- age, Ark.; a fiance´e, Jewele Johnson of Co- membered as a dedicated husband, father, rately and in a timely manner. She does not lumbia, SC; best friends Chad Mingo of grandfather, veteran, legendary businessman, limit herself to just the financial aspects of the Shreveport, LA, and Alonzo Hampton of Bowl- philanthropist, community leader and above all synagogue. She has worked on the dinner ing Green, KY, as well as a host of other rel- as a friend. Bill was a man who deeply treas- committee for years, and is particularly adept atives, friends, and soldiers. ured his family, friends, community and his at editing written material sent out by the syn- When we think of true heroes, we think of country. Today, as we bid Bill Saxton farewell, agogue. brave Americans like Master Sergeant Childs I ask my colleagues to join me in mourning his During the ten years her daughter Tovah at- who risk everything to defend freedom and passing and honoring his unwavering patriot- tended Stein Yeshiva, Arlene served as the serve this great country. We will always be ism and legendary service to our community PTA President. In 1993, Arlene and her hus- grateful for his selfless sacrifice and he will be and our country. band, Jack, were the first parents ever hon- deeply missed by all who knew him. My f ored at the school’s testimonial dinner. thoughts and prayers go out to his family and Arlene was also active in Rena Hadassah in friends during this very difficult time. We are SHYANNE SWARTWOOD Mount Vernon, where she chaired the annual who we are as a nation because of patriots Camp Fair which was the organization’s most like Master Sergeant Childs. HON. ED PERLMUTTER successful fundraiser. She received the Today, I ask all Members of Congress to OF COLORADO ‘‘Hands of Healing’’ award from the West- join me as we honor the life of Master Ser- IN THE HOUSE OF REPRESENTATIVES chester Hadassah Region in 1993. geant Gregory L. Childs and his legacy, as Arlene grew up in Yonkers, and is a product well as each man and woman in our Armed Thursday, June 7, 2012 of Lincoln Park Jewish Center. She spent a Forces, and all of those in harm’s way, who Mr. PERLMUTTER. Mr. Speaker, I rise year studying at Hebrew University in Jeru- give the ultimate sacrifice in service to this today to recognize and applaud Shyanne salem and is a graduate of Barnard College. great country. We owe them our eternal grati- Swartwood for receiving the Arvada Wheat After graduate school at CUNY, she worked tude. Ridge Service Ambassadors for Youth award.

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.012 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1017 Shyanne Swartwood is a 10th grader at Jeffer- ern hospitality and country twang. Its unique IN HONOR OF U.S. ARMY SPE- son County Open School and received this design offers a taste of Music City with live CIALIST VILMAR GALARZA HER- award because her determination and hard music, shops and restaurants showcasing our NANDEZ work have allowed her to overcome adversi- Tennessee flavor. It not only provides excel- ties. lent service to its customers and employees, it The dedication demonstrated by Shyanne is an important partner in our community. HON. SAM FARR Swartwood is exemplary of the type of And so, Mr. Speaker, it is my privilege today OF CALIFORNIA achievement that can be attained with hard to salute the Nashville International Airport for work and perseverance. It is essential stu- its 75 years of dedicated service to our citi- IN THE HOUSE OF REPRESENTATIVES dents at all levels strive to make the most of zens and our community, and for promoting their education and develop a work ethic higher standards in airport service. I am grate- Thursday, June 7, 2012 which will guide them for the rest of their lives. ful for the contributions BNA provides not only Mr. FARR. Mr. Speaker, I rise today to I extend my deepest congratulations to to Nashville, but to travelers around the world. Shyanne Swartwood for winning the Arvada honor the life of Specialist Vilmar Galarza Her- nandez, U.S. Army. On May 26, 2012, this na- Wheat Ridge Service Ambassadors for Youth f award. I have no doubt she will exhibit the tive of Salinas, California was killed in his sec- same dedication and character in all her future SHANNIA TILLER ond combat tour in Afghanistan. It is with great accomplishments. sadness to note that Specialist Galarza was only twenty-one years old and married just two f HON. ED PERLMUTTER months ago. In his all too short life, he made OUR UNCONSCIONABLE NATIONAL OF COLORADO a lasting impact on his family, friends, com- DEBT IN THE HOUSE OF REPRESENTATIVES rades, and community. Specialist Galarza ex- emplified valor and duty, and will be remem- HON. MIKE COFFMAN Thursday, June 7, 2012 bered as an American hero. OF COLORADO Mr. PERLMUTTER. Mr. Speaker, I rise On October 7, 1990, Vilmar Galarza Her- today to recognize and applaud Shannia Tiller IN THE HOUSE OF REPRESENTATIVES nandez was born to Pedro and Gregoria for receiving the Arvada Wheat Ridge Service Thursday, June 7, 2012 Galarza, Mexican immigrant farmworkers. Ambassadors for Youth award. Shannia Tiller Vilmar grew up in Salinas, California, a thriv- Mr. COFFMAN of Colorado. Mr. Speaker, is a 12th grader at Jefferson Senior High and ing agricultural community. The famed author on January 20, 2009, the day President received this award because her determination John Steinbeck called this community ‘‘the val- Obama took office, the national debt was and hard work have allowed her to overcome ley of the world,’’ a reference to the workers $10,626,877,048,913.08. adversities. who came to scratch out a living from the Today, it is $15,734,596,578,458.59. We’ve The dedication demonstrated by Shannia earth. Vilmar’s parents instilled in him and his added $5,107,719,529,545.51 to our debt in Tiller is exemplary of the type of achievement two siblings, Rubi and Marvin, the principles of just over 3 years. This is debt our Nation, our that can be attained with hard work and perse- the American dream: that with hard work and economy, and our children could have avoided verance. It is essential students at all levels determination any opportunity was for their with a balanced budget amendment. strive to make the most of their education and taking. On this day in 1776, Richard Henry Lee of develop a work ethic which will guide them for Virginia proposed to the Continental Congress the rest of their lives. After graduating from Everett Alvarez High a resolution calling for a Declaration of Inde- I extend my deepest congratulations to School, Vilmar choose the noble path of enlist- pendence. We have squandered our inde- Shannia Tiller for winning the Arvada Wheat ing in the United States Army. In the Army, he pendence by shackling ourselves with this na- Ridge Service Ambassadors for Youth award. was assigned to the 4th Battalion, 23rd Infan- tional debt. I have no doubt she will exhibit the same dedi- try Regiment, 2nd Stryker Brigade Combat Team, 2nd Infantry Division. Vilmar was f cation and character in all her future accom- plishments. known by his command ‘‘as a rock that you TRIBUTE TO NASHVILLE could lean on.’’ His company commander, INTERNATIONAL AIRPORT Captain Brandon Wohldschlegel, said that f Vilmar was ‘‘the model soldier.’’ The Army HON. JIM COOPER HONORING THE PEOPLE OF awarded Specialist Galarza the Bronze Star, OF TENNESSEE AMERICA’S LOG CABIN INDUSTRY Purple Heart, and Army Good Conduct medals IN THE HOUSE OF REPRESENTATIVES as well as campaign ribbons for service in Af- ghanistan. Thursday, June 7, 2012 HON. REID J. RIBBLE OF WISCONSIN Vilmar was destined to achieve great suc- Mr. COOPER. Mr. Speaker, today I rise to cess for himself as he sought to make a better IN THE HOUSE OF REPRESENTATIVES salute the Nashville International Airport, an life for his family. He grew up in a neighbor- ambassador for Music City. Thursday, June 7, 2012 hood with few advantages, but succeeded in On June 12, 1937, Nashville’s airport offi- spite of the challenges. Vilmar was a fighter cially opened as Berry Field in honor of Colo- Mr. RIBBLE. Mr. Speaker, I rise today to recognize America’s log cabin industry as a and a visionary who struggled against the nel Harry S. Berry, state administrator for the odds and persevered to follow his dreams. On Works Progress Administration. It became a quintessential symbol of the American pio- March 28, 2012, just two weeks before his military base during World War II for the 4th neering spirit, embodying America’s strength second deployment, he realized a dream Ferrying Command, and later returned to pas- and ingenuity. when he married his sweetheart Margarita senger service with rapid growth and high de- Log cabins, whether used for recreation or Contreras. It is heartbreaking to know that mand. In 1988, it was renamed the Nashville as primary residences, are economically sus- Vilmar’s dreams were not all fulfilled, but his International Airport to reflect its new status as tainable, reducing waste and employing mate- spirit will live on in the hearts of all those who a hub for Tennessee air transportation. rials that put Mother Nature’s beauty at center loved him. Over the years, BNA has evolved into a stage. The industry is experiencing renewed state-of-the-art facility connecting the Nashville growth, exporting this American icon to na- Mr. Speaker, I know I speak on behalf of area with the rest of the world serving nearly tions from Germany to China. the entire House in extending the Nation’s 10 million passengers a year. As a leader in Log cabin production directly supports thou- deepest sympathies to Specialist Vilmar airport innovation, BNA was one of the first sands of jobs from builders to sales profes- Galarza Hernandez’s parents Pedro and commercial airports to have a master plan and sionals, as well as the housing market, lending Gregoria Galarza, his siblings Rubi and Marvin is now one of twelve airports in the FAA’s institutions, and many others. The people of Galarza, his wife Margarita Contreras-Galarza, Sustainable Master Plan Pilot Program. this industry are hard-working, charitable, and and his extending family, friends, and com- BNA is not just an airport, it’s an experi- deserving of recognition for their centuries of rades. He will be missed, but we will never ence. It welcomes visitors with gracious south- accomplishment. forget him.

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K07JN8.013 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1018 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 ENERGY AND WATER DEVELOP- ergy-efficient technologies in buildings, which cial aid each year to students, and support MENT AND RELATED AGENCIES account for roughly 40 percent of all U.S. en- schools for underserved children with annual APPROPRIATIONS ACT, 2013 ergy use. donations exceeding one million dollars. As This bill does not stop there. It also contains one of the most inclusive genealogical soci- SPEECH OF provisions that weaken energy reduction tar- eties in the country, DAR boasts 170,000 HON. LAURA RICHARDSON gets in new and renovated federal buildings. members in 3,000 chapters across the United OF CALIFORNIA Buildings account for almost 40 percent of States and internationally. IN THE HOUSE OF REPRESENTATIVES U.S. energy consumption, and as the largest Mr. Speaker, in closing, I want to thank the consumer of energy in the U.S., the federal Santa Lucia Chapter of the Daughters of the Thursday, May 31, 2012 government should lead the way in designing American Revolution for its work and for hon- The House in Committee of the and building facilities that use less energy to oring this important landmark of Salinas his- Whole House on the state of the Union spur the development of new materials and tory. had under consideration the bill (H.R. technologies and to show that these reduc- f 5325) making appropriations for energy tions are practical, achievable, and cost-effec- and water development and related tive. H.R. 5651, THE FOOD AND DRUG agencies for the fiscal year ending Sep- Section 110 of the bill would stop an Admin- ADMINISTRATION REFORM ACT tember 30, 2013, and for other purposes: istration effort to provide clarity on which water OF 2012 Ms. RICHARDSON. Mr. Chair, I rise today bodies are covered by Clean Water Act in reluctant opposition to H.R. 5325, the En- (CWA). The existing regulations were the sub- HON. DENNIS J. KUCINICH ergy and Water Development and Related ject of two Supreme Court cases in 2001 and OF OHIO Agencies Appropriations Act. This bill provides 2006, in which the Court indicated the need IN THE HOUSE OF REPRESENTATIVES $32.1 billion, an $88 million increase from Fis- for greater regulatory clarity on the scope of Thursday, June 7, 2012 cal Year 2012 levels but $965 million below CA jurisdiction. Mr. KUCINICH. Mr. Speaker, the very the President’s Fiscal Year 2013 request. Mr. Chair, for many of these same reasons mechanism dictated by the Prescription Drug The purpose of the annual energy and the President has put the Congress on notice User Fee Act and the Medical Device User water spending bill is to provide the funding that he will ‘‘veto’’ H.R. 5325 if it is presented Fee Act is flawed. It is an inherent conflict of necessary to ensure that the nation’s energy to him for signature in its present form. It interest for drug and medical device manufac- and water resources are sufficient to address make no sense to pass a bad bill that has no turers to pay millions of dollars in fees to the the nation’s needs. This year’s spending bill, chance of becoming law. We should instead FDA that are designed to speed up regulatory H.R. 5325, provides funding for critical na- be working together across the aisle to craft a approval, when the FDA is charged with mak- tional priorities such as Army Corps of Engi- bill that can win and be worthy of bipartisan ing sure those drugs are safe and effective. neers, Department of the Energy, Department and bicameral support. The bill before us does H.R. 5651, the Food and Drug Administration of the Interior, and independent agencies that not meet this standard. Reform Act, perpetuates that flawed model. provide research and development of future For these reasons, I will vote no on H.R. At the same time, we have a shortage of af- energy industries, job training, and health 5325 on final passage. I urge my colleagues fordable, and in some cases life saving drugs care. to join me. that must be addressed immediately. Cur- Mr. Chair, I thank Chairman FRELINGHUYSEN f rently, while the pharmaceutical and medical and Ranking Member PETER J. VISCLOSKY for device manufacturers are allowed to pay to shepherding this bill to the floor. I appreciate IN RECOGNITION OF THE HARVEY HOUSE expedite approval, no such privilege exists for the way they worked together and with my of- generic drugs. Such a competitive disadvan- fice to accommodate several of my legislative tage has the result of keeping much less ex- priorities regarding energy and water develop- HON. SAM FARR pensive and equally effective drugs off the ment programs. OF CALIFORNIA market while boosting profits for pharma- Although this bill provides adequate funding IN THE HOUSE OF REPRESENTATIVES ceutical manufacturers. Our seniors deserve for some programs that I support, it also in- Thursday, June 7, 2012 better than to have to split pills because phar- cludes numerous other provisions that are un- Mr. FARR. Mr. Speaker, I rise today to rec- maceutical companies have an exclusive right acceptable. On balance, these unpalatable to manipulate the market to pad their already provisions outweigh the positive aspects of the ognize the Santa Lucia Chapter of the Na- tional Society Daughters of the American Rev- massive profit margins at the expense of bill. those in need to pharmaceuticals. This bill cor- This bill substantially underfunds key prior- olution and the historic Harvey House in Sali- rects that imbalance. This bill also begins to ities like science and innovation which are crit- nas, California. The Harvey House was built in address the increasingly prevalent sudden epi- ical to the recovery of our economy and re- 1868 by the first Mayor of Salinas, Isaac Ju- sodes of shortages of drugs that are life-sup- building our waterways and ports. The bill only lian Harvey. It has served, among other func- porting or life-sustaining. Such episodes are provides $1.45 billion for energy efficiency and tions, as the principal Salinas Valley meeting immediately life-threatening if caregivers are renewable energy research programs, which is location for the Santa Lucia Chapter for the not given sufficient notice to identify alternative $374 million below Fiscal Year 2012 and $886 last seventy five years. Mayor Harvey’s daughter, Mabel Harvey, helped to found the supplies or treatments. million below the President’s request. I support the Food and Drug Administration The bill only provides $200 million for the Santa Lucia chapter and opened the Harvey House for the chapter’s first meeting on Octo- Reform Act of 2012 and will continue to work Advanced Research Projects Agency—Energy for FDA reform. (ARPA–E), which is $75 million below Fiscal ber 31, 1938. Mabel’s daughter Helen Currie, Year 2012 levels and $150 million below the in turn served as the Santa Lucia Chapter’s f President’s request. ARPA–E supports break- organizing Regent. On June 9, 2012, the PERSONAL EXPLANATION through of domestic clean energy innovations. Santa Lucia Chapter will place a plaque com- Mr. Chair, the bill before us dramatically memorating its longstanding relationship with HON. MARTIN HEINRICH this historic property, and in so doing com- cuts funding for energy efficiency and renew- OF NEW MEXICO memorate the important place that the Salinas able energy research programs by 39 percent IN THE HOUSE OF REPRESENTATIVES and reduces funding for several other energy Valley holds in the history of California, and in- innovation programs: deed, the nation. Thursday, June 7, 2012 Solar energy research funding is cut by The Daughters of the American Revolution, Mr. HEINRICH. Mr. Speaker, I unfortunately nearly 50 percent from Fiscal Year 2012; founded in 1890 and headquartered in Wash- missed three votes today, which included roll- Wind energy development research is un- ington, D.C., is a non-profit, non-political vol- call votes 297, 298 and 299. derfunded at only $70 million, $24 million unteer women’s service organization dedi- If I had been present, I would have voted below the Fiscal Year 2012 and $25 million cated to promoting patriotism, preserving against rollcall vote 297, the Previous Ques- below the President’s request; American history, and securing America’s fu- tion on the Rule providing for consideration of Building technologies research funding is ture through better education for children. H.R. 5743, H.R. 5854, H.R. 5325, and H.R. cut by more than 50 percent from fiscal year DAR members volunteer more than 250,000 5855. 2012 and $185 million below the President’s hours annually to veteran patients, award If I had been present, I would have voted request. These funds are used to research en- thousands of dollars in scholarships and finan- against rollcall vote 298, H. Res. 667—Rule

VerDate Mar 15 2010 06:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.028 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1019 providing for consideration of four bills—H.R. Last fall, the Friendship Circle moved to a First City National Bank of Houston and Re- 5743—Intelligence Authorization Act for Fiscal new 12,000 square-foot space in Pepper Pike. public Bank in Dallas. While working with Re- Year 2013, H.R. 5854—Military Construction The new building is twice the size of their public Bank, she earned an MBA from South- and Veterans Affairs and Related Agencies former facility in South Euclid and was retro- ern Methodist University in 1983. Appropriations Act, 2013, H.R. 5325—Energy fitted especially to accommodate the needs of After more than 30 years of experience in and Water Development and Related Agen- special needs children. banking, which includes serving as Senior Ex- cies Appropriations Act, 2013, and H.R. On Thursday, June 7, 2012, the Friendship ecutive Vice President and Chief Financial Of- 5855—Department of Homeland Security Ap- Circle will be hosting ‘‘The Art of Friendship’’ ficer for AmSouth Bancorporation, Ms. Moon- propriations Act, 2013. event. The celebration with recognize the ey joined KeyCorp in 2006 as Vice Chair of Lastly, I would have voted against rollcall 2011–2012 teen volunteers. It will feature a Key Community Banking. Just a few years vote 299, Representative FRANKS’ (AZ–2) bill, tribute to leading autism awareness advocates later, Ms. Mooney was made the Chairman H.R. 3541. Shari and Michael Goldberg and a presen- and Chief Executive Officer of KeyCorp, be- f tation by chalk artist and speaker Richard coming the first woman to head one of the 20 Hight. largest independent banks in the United CONGRATULATING JEFF RICE ON Mr. Speaker and colleagues, please join me States. OVER THIRTY-ONE YEARS OF in honoring the Friendship Circle of Cleveland, In addition to serving as the Chairman and SERVICE AT DOLLAR GENERAL a life-changing organization for thousands of Chief Executive Officer of KeyCorp, Ms. area Jewish children with special needs. Mooney is a dedicated member of the Greater HON. DIANE BLACK f Cleveland community. She is a trustee and OF TENNESSEE treasurer of the board of the Musical Arts As- HONORING UNIFIED GROCERS ON IN THE HOUSE OF REPRESENTATIVES sociation/The Cleveland Orchestra, a trustee THEIR 90TH ANNIVERSARY Thursday, June 7, 2012 of The Cleveland Clinic Foundation, a trustee of United Way of Greater Cleveland, a mem- Mrs. BLACK. Mr. Speaker, in today’s Amer- HON. LUCILLE ROYBAL-ALLARD ber of The Financial Services Roundtable and ica, it can be difficult to find employees who OF CALIFORNIA board chair of Neighborhood Progress, Inc. truly exemplify service, loyalty, integrity and IN THE HOUSE OF REPRESENTATIVES Mr. Speaker and colleagues, please join me commitment. Today, it is my honor to recog- Thursday, June 7, 2012 in congratulating Ms. Beth Mooney, the recipi- nize Jeff Rice for his thirty-one years of serv- ent of the 2012 Notre Dame College Medal. ice at Dollar General. Jeff first joined Dollar Ms. ROYBAL-ALLARD. Mr. Speaker, I rise f General as a part time employee in 1981 and today to congratulate Unified Grocers, began working full time on May 7, 1984. headquartered in my congressional district, on PERSONAL EXPLANATION Beginning as an order puller at the their 90th year of successful serving inde- Scottsville Distribution Center in Kentucky, Jeff pendent grocery retailers in the state of Cali- HON. NIKI TSONGAS grew his career and his influence through his fornia. OF MASSACHUSETTS hard work and dedication to excellence to Unified Grocers was formed in 1922 by a IN THE HOUSE OF REPRESENTATIVES eventually become the Vice President of group of 15 grocers who came together to Human Resources for the company. The pool their resources in order to effectively Thursday, June 7, 2012 length of Jeff’s tenure has only been matched compete in the marketplace. With head- Ms. TSONGAS. Mr. Speaker, I missed by the depth of his commitment to the Dollar quarters in the city of Commerce, California, votes on the day of June 1, 2012, because I General family and its success. United Grocers operates a milk processing was unavoidably detained at a family funeral. What is truly inspirational about Jeff is the plant, bakery and six major distribution centers Had I been present, I would have voted positive impact he has had on the employees across the country. Unified Grocers is com- against amendments to the FY 2013 Energy at Dollar General and his community. When mitted to helping its members build successful and Water Development Appropriations Act he retires in July, his easy smile, passion for long-term businesses as well as remain com- that sought to reduce funding for renewable doing the right thing, and deeply rooted values petitive and grow in today’s economy. energy and energy efficiency programs. I will be hard for Dollar General to replace. I Unified Grocers runs an innovative, efficient, would have instead supported amendments congratulate Jeff on an exceptional career and and sophisticated distribution chain that allows that support and expand renewable energy wish him well in what surely will be an excep- its members to stock their stores with items and energy efficiency programs, and also in- tional retirement that will undoubtedly be filled that are needed in their individual commu- crease funding for weatherization assistance with continued service to others. nities. They are responsive to a changing mar- and state energy programs. f ket and dedicated to the effective operation of Finally, I would have voted for an amend- facilities that are right-sized, well maintained ment to strike language undermining Clean IN HONOR OF THE FRIENDSHIP and optimally located. Water Act protections for streams, wetlands, CIRCLE OF CLEVELAND I once again congratulate Unified Grocers and other waterways. The underlying bill on the celebration of their 90th anniversary. I strikes protections that help safeguard drinking HON. DENNIS J. KUCINICH thank them for continuing to provide quality water sources from pollution, protect lives and OF OHIO jobs in the 34th congressional district and property from flooding, and ensures the viabil- IN THE HOUSE OF REPRESENTATIVES throughout California and for giving back to ity of economically beneficial fish and wildlife Thursday, June 7, 2012 our community to make it stronger. habitat. f f Mr. KUCINICH. Mr. Speaker, I rise today in honor of the Friendship Circle of Cleveland, a IN HONOR OF MS. BETH MOONEY IN HONOR OF THE RETIREMENT non-profit organization dedicated to providing OF BOOKER THOMAS Jewish children who have special needs with HON. DENNIS J. KUCINICH ´ a full range of social recreational and Judaic OF OHIO HON. ANDRE CARSON experiences; providing their parents with res- IN THE HOUSE OF REPRESENTATIVES OF INDIANA pite and support; and enriching, inspiring and IN THE HOUSE OF REPRESENTATIVES motivating Jewish teens through sharing of Thursday, June 7, 2012 themselves with others. Mr. KUCINICH. Mr. Speaker, I rise today in Thursday, June 7, 2012 Led by co-executive directors, Rabbi Yossi honor of Ms. Beth Mooney, who is being hon- Mr. CARSON of Indiana. Mr. Speaker, today Marozov and Mrs. Estie Marozov, the Friend- ored as the fifth recipient of the Notre Dame I rise to congratulate Booker Thomas, who ship Circle offers a wide-array of programs for College Medal. has capably served as President and CEO of the children they serve. The services provided Born and raised in Midland, Michigan, Ms. HealthNet, Inc. for well over a decade, on his include after-school programs, volunteer op- Mooney’s family relocated to Texas prior to well-deserved retirement. portunities, at-home assistance, and cooking her senior year of high school. She studied Mr. Thomas has devoted his entire distin- classes. The Friendship Circle provides almost history at the University of Texas where she guished career to public health and public all of its services to special needs children by graduated summa cum laude in 1977. Fol- safety in predominantly poor and urban neigh- pairing them with teen volunteers. lowing graduation, Ms. Mooney took on jobs at borhoods in cities across the Midwest. As

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.029 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1020 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 President and CEO of HealthNet, Inc., Mr. HONORING THE CAREER OF COSMO members of the 2012 Dartmouth College 7s Thomas oversaw a dramatic expansion result- PANETTA Rugby team. ing in the establishment of seven primary care Bill Lehmann ’12 centers, two specialty care centers, and eight HON. JERRY McNERNEY Nate Brakeley ’12 school-based clinics in order to better serve OF CALIFORNIA Derek Fish ’12 low-income Hoosiers throughout Indianapolis. IN THE HOUSE OF REPRESENTATIVES Will Mueller ’12 Paul Jarvis ’12 Today, HealthNet provides medical care to Thursday, June 7, 2012 Clark Judge ’12 50,000 Hoosiers and is the state’s largest Mr. MCNERNEY. Mr. Speaker, I rise today Dave Turnbull ’12 Federally Qualified Health Center. Under his to ask my friends and colleagues to join me in Justin Ciambella ’13 leadership, HealthNet has garnered numerous recognizing the distinguished career of Cosmo Pat Flynn ’13 accolades including the Joint Commission’s Panetta and his 38 years as a small business Kevin Clark ’14 prestigious Gold Seal of Approval. His excep- owner in Pleasanton, California. James Sharpe ’14 tional leadership has positioned HealthNet as Cosmo embodies the American Dream, emi- Madison Hughes ’15 a community staple, ensuring that those most grating from Calabria, Italy in 1957. After grad- Coach Alex Magleby ’00. uating from Pacific High in San Leandro, he at risk in the 7th District will continue to have f access to high-quality medical care. attended Moliere’s Barber College. Cosmo ob- tained his state barber’s license and soon IN RECOGNITION OF DR. MAZEN Since his arrival to the 7th Congressional bought his own business to serve the resi- NAOUS District of Indiana, Mr. Thomas has been ac- dents of the Tri-Valley. Cosmo has been a fix- tively engaged in efforts to improve scholastic ture in the community ever since. He’s performance. As a board member of Indianap- HON. DENNIS J. KUCINICH touched the lives of all those he’s come OF OHIO olis-based non-profit Learning Well, thousands across, including my own. His work ethic is IN THE HOUSE OF REPRESENTATIVES of students have benefited from improvements exemplified by his shop’s 12-hour workdays in their health, well-being and academic per- and seven-day workweeks. There is even a Thursday, June 7, 2012 formance. I applaud him for his devotion to sign that hangs outside Cosmo’s barbershop Mr. KUCINICH. Mr. Speaker, I rise today in our community. reading ‘‘1 billion haircuts.’’ recognition of Dr. Mazen Naous, an inter- Today, I ask my colleagues to join me in With exemplary dedication to his adopted nationally recognized professor, poet and au- honoring Booker Thomas for being an out- country and outstanding service for 38 years, thor. standing community partner, and for the ex- Pleasanton will always be thankful to Cosmo. A native of Beirut, Lebanon, Dr. Naous im- emplary effort and passion he has brought to Grace, diligence and kindness are only a few migrated to the United States at the age of improving access to health care in the 7th Dis- of the many words that can be used to de- eighteen to pursue his collegiate career. He trict of Indiana. I wish him the very best in his scribe a gentleman of his exceptional char- attended The Boston Conservatory and grad- retirement. acter. He is a true example of the American uated in 1996 with a Bachelor of Fine Arts in Dream and of what a person can accomplish Music Composition and Classic Guitar. He f in our great country. I ask you to join me in continued his education at the University of honoring Cosmo Panetta for his remarkable Massachusetts Boston where he earned a IN HONOR OF FATHER JOHN service to the City of Pleasanton. Master of Arts in 2001 and his Ph.D. in CARLIN f English Literature from University of Massa- RECOGNIZING THE DARTMOUTH chusetts Amherst in 2007. During his post- COLLEGE 7S RUGBY FOOTBALL graduate studies, Dr. Naous was the recipient HON. DENNIS J. KUCINICH CLUB of the Kennedy Award for Outstanding Work in the Field of Poetry and a national Consortium OF OHIO for Faculty Diversity Fellowship. IN THE HOUSE OF REPRESENTATIVES HON. CHARLES F. BASS Dr. Naous has dedicated his career to high- OF NEW HAMPSHIRE er education and improving intercultural under- Thursday, June 7, 2012 IN THE HOUSE OF REPRESENTATIVES standing between the United States and Arab Thursday, June 7, 2012 Mr. KUCINICH. Mr. Speaker, I rise today in world. Currently, Dr. Naous is an assistant honor of Father John Carlin, who is cele- Mr. BASS of New Hampshire. Mr. Speaker, professor of English and comparative literature brating his 25th Anniversary as Pastor of St. I rise today to congratulate the Dartmouth Col- at the College of Wooster. Previously, he Charles Borromeo Parish. lege Men’s 7s Rugby team upon winning their taught at the Lebanese American University, second consecutive USA 7s Collegiate Rugby City University of New York and College of Father Carlin graduated from Borromeo Col- National Championship on Sunday, June 3rd Staten Island. Dr. Naous will be returning to lege Seminary in 1972 and later from St. Mary Philadelphia, Pennsylvania. Lebanon in the next academic year where he Seminary in 1976. Later that year he was or- Led by their coach, Alex Magleby, a power- will be teaching at the University of Balamand. dained a priest for the Diocese of Cleveland. ful and experienced Dartmouth squad de- Currently, Dr. Naous is working on his first In 1987, Father Carlin was appointed Pastor feated the talented team from the University of book, The Arab American Novel and Alter- of St. Charles Borromeo Parish at the young Arizona 24–5 in the final match. The Big native Poetics. According to Dr. Naous, the age of 38. Green was dominant throughout the 16- team, book aims to secure a space for Arab Amer- As Pastor, Father Carlin has been a loving two-day round-robin tournament winning a ican literature in the fields of American studies and compassionate leader of his church. He total of six games. During this time they and postcolonial diasporas, and assert its im- provides guidance and hospitality for his pa- outscored their opponents by a combined portance to aesthetics and artistic innovation. rishioners and serves as a mentor to seminar- score of 170–41. It was only during their semi- Mr. Speaker and colleagues, please join me ians. He is dedicated to the spiritual and edu- final match against the University of California in recognizing the renowned career of Dr. cational development of each parishioner and that Dartmouth ever found their selves behind, Mazen Naous. has helped maintain St. Charles Borromeo but the squad from Hanover battled back from f a 12 point deficit to a 21–19 victory. School during his time as Pastor. Every build- PERSONAL EXPLANATION ing of the nearly 90-year-old parish has been The 2012 7s Collegiate Rugby National updated and renovated under Father Carlin’s Championship adds to the distinguished ´ pastorate. This year marks Father Carlin’s record and history of Dartmouth Rugby. In ad- HON. NYDIA M. VELAZQUEZ dition to the 2011 7s National Championship, 25th anniversary as Pastor of St. Charles OF NEW YORK Dartmouth has the most rugby wins and Borromeo Parish. IN THE HOUSE OF REPRESENTATIVES championships among the members of the Ivy Thursday, June 7, 2012 Mr. Speaker and colleagues, please join me League, including winning 12 of the last 15 Ivy in honoring Father John Carlin, the Pastor League Championships (15s), as well as the Ms. VELA´ ZQUEZ. Mr. Speaker, due to a who has shown tremendous leadership and 2012 Ivy League 7s Championship. personal family matter I was not present for guidance to his parish for the past quarter Mr. Speaker it is with great pleasure to rec- rollcall votes 294–314. Had I been present, century. ognize the success of my alma mater and the this is how I would have voted:

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.033 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1021 On rollcall Vote 294: H.R. 5651, Food and Energy Account by $10 million and reduces HONORING THE 55TH NATIONAL Drug Administration Reform Act of 2012 I the Department of Energy Administrative Ac- PUERTO RICAN DAY PARADE would have voted yes. count by the same amount I would have voted On rollcall Vote 295: H.R. 4201, The Serv- yes. HON. JOSE´ E. SERRANO ice member Family Protection Act I would On rollcall Vote 313: Tonko Amendment to OF NEW YORK have voted yes. IN THE HOUSE OF REPRESENTATIVES increase the Department of Energy, Energy On rollcall Vote 296: H.R. 915, The Jaime Thursday, June 7, 2012 Zapata Border Security Task Force Act I Programs, Energy Efficiency and Renewable would have voted yes. Energy Account by $180,440,000 for the Mr. SERRANO. Mr. Speaker, it is with great On rollcall Vote 297: Motion on Ordering the Weatherization Assistance Program and the pleasure that I rise today to recognize the fifty- Previous Question on the Rule providing for State Energy Program and reduces the Atomic fifth National Puerto Rican Day Parade, which consideration of H.R. 5743, H.R. 5854, H.R. Energy Defense Activities, National Nuclear will be held on June 10, 2012, in New York 5325, and H.R. 5855 I would have voted yes. Security Administration, Weapons Activities City. As one of our nation’s largest parades, On rollcall Vote 298: H. Res. 667, Rule pro- Account by the same amount I would have this event recognizes the proud and rich herit- viding for consideration of H.R. 5743, H.R. voted yes. age of the Puerto Rican community here in 5854, H.R. 5325, and H.R. 5855 I would have the United States. On rollcall Vote 314: Hahn Amendment to The first Puerto Rican Day Parade was held voted no. increase funds for Energy Efficiency and Re- On rollcall Vote 299: H.R. 3541, Prenatal on Sunday, April 13th, 1958, in ‘‘El Barrio’’ in newable Energy by $50 million and reduces Nondiscrimination Act I would have voted no. Manhattan. It struck an unprecedented chord funds for Fossil Energy Research and Devel- On rollcall Vote 300: Democratic Motion to in the community, galvanizing thousands of Recommit H.R. 5743 I would have voted I opment by $100 million I would have voted Puerto Ricans in a powerful demonstration of would have voted yes. yes. their rise as an important ethnic group. Over On rollcall Vote 301: Final Passage of H.R. the next four decades, the New York Puerto 5743, Intelligence Authorization Act for Fiscal f Rican Day Parade became an essential and Year 2013 I would have voted yes. fundamental cultural event in New York City. On rollcall Vote 302: Grimm Amendment IN RECOGNITION OF THE 100TH AN- The parade began as a show of strength for which strikes Section 517, which prohibits the NIVERSARY OF THE WEST SIDE the Puerto Rican community in New York, but use of funds for construction bid solicitations MARKET eventually grew into a broader celebration of that require or prohibit project labor agree- Puerto Rican achievements in New York City ments I would have voted yes. and elsewhere. The parade has been so suc- On rollcall Vote 303: Franks Amendment to HON. DENNIS J. KUCINICH cessful that in 1995, its organizers increased prohibit the use of funds from being used to OF OHIO its size and transformed it into the national enforce the prevailing wage requirements of and international cultural affair that it is today. IN THE HOUSE OF REPRESENTATIVES the Davis-Bacon Act I would have vote no. This Sunday, June 10th, delegates rep- resenting more than half of the states in the On rollcall Vote 304: Democratic Motion to Thursday, June 7, 2012 Recommit H.R. 5854 I would have voted yes. United States will join the approximately 3 mil- On rollcall Vote 305: Final Passage of H.R. Mr. KUCINICH. Mr. Speaker, I rise today to lion parade goers who transform New York’s 5854, Military Construction and Veterans Af- celebrate Cleveland’s West Side Market, a Fifth Avenue into a sea of Puerto Rican and fairs Act, 2013 I would have voted yes. publicly-owned market that has been a city United States flags. It’s a unique event which On rollcall Vote 306: Scalise Amendment to landmark for the past 100 years. celebrates the rich cultural and political rela- increase the Army Corps of Engineers Con- tionship that exists between the City of New The Market was originally an open-air farm- struction Account by $10 million for Louisiana York and Puerto Rico. Puerto Ricans posi- er’s market that was established in 1840. It Coastal Restoration and reduces the Depart- tioned New York as a vital and dynamic inter- ment of Energy Administration Account by the eventually became known as the Pearl Street national, multilingual city that continues to wel- same amount I would have voted yes. Market when an enclosed building was built to come individuals from all over the world. On rollcall Vote 307: King Amendment to re- house the many vendors. Today, the West Mr. Speaker, the National Puerto Rican Day duce the Army Corps of Engineers Construc- Side Market is located across the street from Parade is a unique event which represents the tion Account by $1,000,000 and increases the the old Pearl Street Market. It was built in richness and diversity that exists in the Puerto Operation and Maintenance Account by 1912, making this year its 100th anniversary. Rican community, both in New York, nation- ally, and internationally. As a Puerto Rican $571,429 I would have voted no. The West Side Market features over 100 and a New Yorker, I am proud to participate On rollcall Vote 308: Moran Amendment vendors who sell a variety of fresh food items, which strikes Section 110 of the bill. The sec- in this year’s parade, as I have for many including meat, seafood, dairy products, fruits, years. tion prohibits the Corps of Engineers from vegetables, and pastries. Some of the vendors using funds to issue guidance, enforce or sup- Mr. Speaker, I look forward to marching in are third, fourth, and even fifth generation ven- the fifty-fifth annual National Puerto Rican Day plement rules regarding definition of waters dors whose ancestors were original occupants under the jurisdiction of the Clean Water Act Parade, and I am confident that the parade at the opening of the Market. The Market has I would have voted yes. will continue to be an important cultural cele- retained the same selection of culturally and On rollcall Vote 309: Hultgren Amendment bration in New York for many years to come. to reduce the Department of Energy, Energy ethnically diverse foods that could be found in f Programs, Energy Efficiency and Renewable 1912 when many of the vendors were immi- grants to Cleveland. For many Clevelanders, RECOGNIZING THE SUCCESS OF Energy Account by $30 million and increases THE ROMAN MEAL COMPANY ON the West Side Market is a place full of memo- the Science Administrative and Facility Ac- THEIR 100TH ANNIVERSARY count for National Laboratories by $15 million ries and traditions, and is a symbol of their I would have voted no. Cleveland heritage. On rollcall Vote 310: Chaffetz Amendment HON. ADAM SMITH The celebration of 100th anniversary of the OF WASHINGTON to reduce funds for Energy Efficiency and Re- West Side Market will begin on June 2, 2012 IN THE HOUSE OF REPRESENTATIVES newable Energy by $74,000,000 and applies with a Kick-Off event that will feature the Thursday, June 7, 2012 the savings to the spending reduction account opening of the newly renovated Market I would have voted no. Square Park. The Kick-Off will also include Mr. SMITH of Washington. Mr. Speaker I On rollcall Vote 311: McClintock Amend- performances by Happy Timers Polka, Belly rise to honor the Roman Meal Company and ment to zero out the Department of Energy, Dancers, Duo Anime, Rey Cintron Latin Jazz, the Matthaei family on the company’s l00th Energy Programs, Energy Efficiency and Re- Csardas Dance Company and The Academy. anniversary. This impressive milestone places newable Energy Account (a cut of $1.45 bil- Roman Meal among fewer than 25 private lion) and applies the savings to the spending Mr. Speaker and colleagues, please join me companies in the United States who have reduction account I would have voted no. in honoring The West Side Market, a historical been in business for one century. On rollcall Vote 312: Kaptur Amendment to landmark that has remained a beloved corner- The company was founded in 1912 by Rob- increase the Department of Energy, Energy stone of the Cleveland community for the past ert Jackson, a Canadian physician and histo- Programs, Energy Efficiency and Renewable 100 years. rian, who came to Tacoma, WA for medical

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.036 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1022 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 treatment. Mr. Jackson studied how Roman le- moving actresses of a generation and a close lows qualified foreign investors who create or gionnaires fought, and discovered they ate a personal friend, Ms. Shirley MacLaine on the save at least 10 full-time American jobs by diet that included wheat and rye for strength occasion of receiving AFI’s 40th Life Achieve- making major investments in U.S. businesses and stamina. He then developed a hot cereal ment Award. to seek U.S. visas. The program, first estab- meal based on that diet. f lished in 1990, has been continued as a short- In 1927, William Matthaei purchased the term pilot program. Roman Meal Health Company. The Matthaei IN HONOR OF JOE JASKIEWICZ Last year the program created or saved family used centuries of baking knowledge more than 25,000 American jobs and gen- and Mr. Jackson’s formula to develop Roman HON. JOE COURTNEY erated $1.25 billion in investment, according to Meal Bread. William Matthaei’s son, Charles, OF CONNECTICUT the Association to Invest In the USA. For ex- still comes to work every day at the age of 92 IN THE HOUSE OF REPRESENTATIVES ample, in the Second Congressional District in and his grandson, William, serves as CEO. Washington state, this program has created Thursday, June 7, 2012 Running a company continuously for 100 least 800 jobs in Whatcom County alone. The years requires more than outstanding prod- Mr. COURTNEY. Mr. Speaker, I rise today EB–5 program is one of more than 20 immi- ucts. Roman Meal’s ability to survive through to recognize and honor Joe Jaskiewicz who grant investor programs around the world that the Great Depression, multiple recessions, has stepped down after many distinguished are competing for capital investment. In the and evolving consumer preferences required years of public service. Joe was born in Asia-Pacific region, programs like EB–5 exist that the company adapt quickly to changes in Brooklyn, New York and moved to Norwich, in Hong Kong, New Zealand, Australia, Singa- the marketplace. Pressures from competition Connecticut as a young boy. In 1964, he mar- pore and Canada. As the United States more and trade demanded that they constantly inno- ried his high school sweetheart, Beverly. strongly embraces our role as an Asia-Pacific vate to stay ahead. Shortly after graduation, Joe began work as a nation and looks to create jobs through ex- Mr. Speaker it is with great pleasure that I pipefitter at Electric Boat where he worked for ports to the region, we are competing with recognize the success of the Roman Meal 37 years, eventually becoming a supervisor. these countries, and many more around the Company and the Matthaei family in creating Mr. Jaskiewicz went on to serve the Town world, for these investment dollars. an excellent product and a dynamic company of Montville in many capacities. He began his I am pleased that the Senate has included that has thrived for 100 years. I wish them career in the Parks & Recreation Department a two-year reauthorization of this program in continued success. and spent four years as Chairman of the Section 554 of its Homeland Security Appro- priations bill. The Senate report highlighted f Board of Finance before being elected to the Town Council. After chairing the body for four that since its inception of this program in 1990 IN HONOR OF MS. SHIRLEY years, Joe became Mayor in 2003. During his through 2011, USCIS estimates that a min- MACLAINE eight years in office, Joe Jaskiewicz cham- imum of 43,280 jobs have been created and pioned economic development in Montville, more than $2,200,000,000 has been invested HON. DENNIS J. KUCINICH bringing new businesses and jobs to the area. through the EB–5 program. Our economy can- OF OHIO In his first term, Joe nearly doubled the size not afford to do without these investments or these jobs. IN THE HOUSE OF REPRESENTATIVES of the police force and supervised the renova- I want to thank Chairman ADERHOLT and Thursday, June 7, 2012 tion of all Montville schools. Although Joe’s career was marked by numerous achieve- Ranking Member PRICE for working with me Mr. KUCINICH. Mr. Speaker, I rise today in ments, one of his proudest accomplishments on this issue. And, even though this reauthor- honor of Ms. Shirley MacLaine who is being was the transformation of the old Fair Oaks ization is not included in the House bill, I honored with the 40th American Film Institute School into the Fair Oaks Community Center. would like to thank the Subcommittee as a (AFI) Life Achievement Award on June 7, He also served as the Chair of the Southeast whole for understanding the importance of this 2012. Connecticut Council of Governments for one language and this reauthorization and I urge Born on April 24, 1934 in Richmond, Vir- year during his second term as mayor. His de- you to preserve the Senate reauthorization ginia, MacLaine grew up the daughter of Ira cision to step down is a loss for the town he during conference committee. Owens and Kathlyn Corinne Beaty. She at- loves, but I believe after recharging his bat- f tended Washington-Lee High School and dur- teries, Joe will be back in the public arena in TRIBUTE TO THE RETIREMENT OF ing the summer prior to her senior year had some new and exciting form to continue his MR. JOHN FENTON, CEO, her first role on Broadway as a member of the service. METROLINK chorus in a revival of Oklahoma. MacLaine In addition to his work in the local govern- had been trained in ballet before turning to ment, Joe has been active in youth sports, HON. GARY G. MILLER acting. She returned to the stage and New coaching Pee Wee football and Little League. York City following her high school graduation OF CALIFORNIA I urge my colleagues to join with me in hon- IN THE HOUSE OF REPRESENTATIVES and became an understudy to Carol Haney in oring Joe Jaskiewicz and all the wonderful Thursday, June 7, 2012 The Pajama Game, a role which she eventu- work he has completed for the Town of ally took over. It was this role that launched Montville, Connecticut. Mr. GARY G. MILLER of California. Mr. MacLaine’s career onto the Silver Screen. f Speaker, rise to pay tribute to Southern Cali- MacLaine made her film debut in 1955’s fornia Regional Rail Authority Chief Executive ‘‘The Trouble with Harry,’’ for which she won DEPARTMENT OF HOMELAND SE- Officer John Fenton, who is retiring this year. the Golden Globe Award for New Star of the CURITY APPROPRIATIONS ACT, John Fenton led efforts to enhance safety Year—Actress. Throughout her almost 60 year 2013 and instilled safety culture at Southern Cali- career, MacLaine has appeared in more than fornia Regional Rail Authority, commonly re- 60 films, made numerous television and SPEECH OF ferred to as Metrolink. He hosted a summit on Broadway appearances, produced, directed, HON. RICK LARSEN safety to facilitate the implementation of safety and has authored several books. A five-time culture nationwide, was joined by over 60 OF WASHINGTON Oscar nominee, MacLaine won the Academy members of the California Legislature to bring IN THE HOUSE OF REPRESENTATIVES Award for Best Actress in 1983 for her role in awareness to safety culture statewide, pio- Terms of Endearment. Wednesday, June 6, 2012 neered a curriculum for railroad safety with the AFI’s Life Achievement Award is America’s The House in Committee of the Whole University of Southern California’s Viterbi highest honor for a career in film. However, in House on the state of the Union had under School of Engineering and deployed the safest addition to honoring MacLaine’s illustrious film consideration the bill (H.R. 5855) making ap- passenger rail cars available known as the career, the American Film Institute is also propriations for the Department of Home- Guardian Fleet across the Metrolink System. celebrating her work in television, on Broad- land Security for the fiscal year ending Sep- John Fenton’s leadership and commitment way, as an author and as a philanthropist. tember 30, 2013, and for other purposes: to Positive Train Control implementation in ad- Meryl Streep, who was the recipient of the AFI Mr. LARSEN of Washington. Mr. Chair, last vance of the federal mandate were unwaver- Life Achievement Award in 2004, will be pre- year I introduced H.R. 2972, the Creating ing and he became a nationwide spokes- senting MacLaine her award. American Jobs Through Foreign Capital Act. person on its significance to rail safety in the Mr. Speaker and colleagues, please join me This legislation seeks to permanently reauthor- country for passenger and freight rail pro- in honoring one of the most accomplished and ize the EB–5 program. The EB–5 program al- viders.

VerDate Mar 15 2010 06:15 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.038 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 7, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1023 John Fenton brought a level of integrity, America’s lighting industry has invested mil- their efforts to expand the reach of their chap- passion and tremendous enthusiasm to the lions of dollars to manufacture new energy ef- ter to new entrepreneurs and small business position and was respected by railroad stake- ficient incandescent light bulbs here in the owners. holders such as the NTSB, rail unions and United States. These bulbs produce the same South Palm Beach SCORE helped over federal and state regulatory agencies. type of light as the former bulbs but use 28 5000 small businesses in Fiscal Year 2011. John Fenton’s dedication and perseverance percent to 33 percent less energy. An amend- South Palm Beach SCORE has also started a led Metrolink to increase its ridership, thereby ment to prohibit enforcement of the energy ef- number of programs that have helped their reducing traffic congestion and air emissions ficiency standards is an attack on our domes- community grow, including joining with Lynn and providing Southern California commuters tic lighting industry. Denying the Department University, Palm Beach State College, and with a safe, reliable, efficient and cost-effective of Energy the power to enforce an existing law Florida Atlantic University to assist with Vet- means to travel. opens the door to the importation of non-com- eran Affairs, Government Trade Shows, and In the two years that John Fenton has led pliant products from foreign manufacturers that Mentoring Business School students and Metrolink, he has ushered in a new era of will not only harm the investments made by alumni; forming a program with the Boca service that has included a 14 percent service American manufacturers but put American Raton Chamber of Commerce to provide a 33- expansion, the introduction of express trains, jobs at risk. week course working with area students, ages bike cars, quiet cars, service to sporting The current lighting efficiency standards are 11–18, focused on successfully starting and events throughout the region, and increased creating American jobs because the manufac- operating a small business; and creating the coordination with other regional transit pro- turing of these light bulbs is done in the United Veterans Grant Program to help returning Iraq viders including airports. States. Most of the operations producing less and Afghanistan vets start or grow their own John Fenton’s private sector railroad experi- efficient lighting were moved offshore years business. ence helped him introduce business oriented ago. We are creating American jobs making South Palm Beach SCORE members fund- best practices that led to efficiencies in the better light bulbs that meet the new standards. ed the program by donating over a quarter of agency that elevated Metrolink’s performance The energy-efficient lighting industry currently a million dollars of their own money to get the and resulted in improved Metrolink reputation employs more than 14,000 American workers. program off the ground. The criteria for Na- in the region to passengers, employees, I do not want to send those jobs to China! tional SCORE Chapter of the Year award is stakeholders, rail industry partners and the The light bulb has been a symbol of Amer- based on demonstration of the chapter deliv- news media. ican ingenuity since the late 1800s. When ering quality, contributions to the community, John Fenton expanded a fuel conservation Thomas Edison invented the light bulb, it revo- client focus, and merit achievement. policy to save over 860,000 gallons of fuel an- lutionized our economy and electricity around To ensure small businesses’ continued suc- nually, reducing costs to the agency and re- the world. If America wants to lead, we need cess, I will work to focus in the United States ducing idling, noise and air emissions from to become more efficient. That is the way of Congress on what is best for entrepreneurs, Metrolink facilities and was unwavering in his the future. small business owners and their communities. vigilant pursuit of additional operational effi- Supporting America’s energy-efficient light- This means providing SCORE with the funding ciencies. ing industry is about more than jobs. It’s about they need to adequately assist those people Under John Fenton’s administration the saving money, saving each American house- who need it. agency pursued major capital projects includ- hold $100 per year in the form of lower elec- SCORE is an effective and efficient catalyst ing the Metrolink Service Expansion Program, tric bills. I know my constituents want that for job creation. Studies show for every $1 ap- Orange County Grade Crossing Safety Im- $100 in their pockets. propriated to SCORE, $57 flows into the fed- provements, Glendale Corridor Grade Cross- That is why I urge my colleagues to join me eral treasury from SCORE clients. SCORE is ing Safety Improvements, Los Angeles Union in opposing any amendment that would pro- a unique national organization serving the two Station Platform Improvements, and Perris hibit the Department of Energy from utilizing great American ideals: entrepreneurial spirit Valley Line Expansion. energy efficiency standards for lighting to help and volunteerism. It is my hope the Federal John Fenton brought his strong mid-west save money and energy while supporting U.S. Government tries to maintain SCORE’s budget values from Indiana to all of his endeavors manufacturing. at $7 million to let volunteer experts continue while embracing his role of ‘‘Johnnywood’’ with f to help small business owners at no cost to rock-star flair, as required by the unique Los them. HONORING SCORE AND ITS CON- Angeles culture. SCORE exists to help entrepreneurs TRIBUTION TO SMALL BUSI- John Fenton’s departure to Florida is a loss achieve their dream of success and strength- NESSES to the Southern California region’s railroading en the economy of this great nation, and we industry. He is leaving an admirable legacy as need to support them in their efforts. well as many friends and colleagues that will HON. ALLEN B. WEST South Palm Beach SCORE chapter winning miss him. OF FLORIDA the Small Business Administration’s National f IN THE HOUSE OF REPRESENTATIVES SCORE Chapter of the Year Award exempli- Thursday, June 7, 2012 fies the goal in meeting entrepreneurs’ dreams ENERGY AND WATER DEVELOP- and growing of economy. Mr. WEST. Mr. Speaker, I realize that small MENT AND RELATED AGENCIES f APPROPRIATIONS ACT, 2013 business is essential for creating jobs in our nation. Small businesses are the engine of MARKING THE TWENTY-FIFTH AN- SPEECH OF America’s economy, and there is an organiza- NUAL BERNIE FOWLER PATUX- tion that exists to help strengthen small busi- ENT WADE-IN HON. STEVE ISRAEL nesses and assist them in achieving their OF NEW YORK dreams. That organization is SCORE. SCORE HON. STENY H. HOYER IN THE HOUSE OF REPRESENTATIVES is a nonprofit that provides free business ad- OF MARYLAND Thursday, May 31, 2012 vice to anyone looking to start or grow a small IN THE HOUSE OF REPRESENTATIVES business. With over 350 chapters across our The House in Committee of the Whole Thursday, June 7, 2012 House on the state of the Union had under nation, SCORE volunteers stand ready and consideration the bill (H.R. 5325) making ap- willing to help all of those who want it. Mr. HOYER. Mr. Speaker, I rise to mark the propriations for energy and water develop- As a strong supporter of all small busi- twenty-fifth Patuxent River Wade-In, begun by ment and related agencies for the fiscal year nesses in our nation, I am proud to congratu- former Maryland State Senator Bernie Fowler ending September 30, 2013, and for other pur- late the South Palm Beach SCORE chapter in in 1988. This year’s wade-in will take place on poses: Florida for winning the United States Small June 10 at Jefferson Patterson Park in St. Mr. ISRAEL. Mr. Chair, I rise to oppose at- Business Administration’s National SCORE Leonard. tempts to weaken energy efficiency standards Chapter of the Year Award. South Palm We rely on a multitude of measurements to for lighting that were included in the bipartisan Beach SCORE was chosen to receive this take stock of our economic health, such as the Energy Independence and Security Act of award thanks to the strong relationships Industrial Production Index, the Consumer 2007. Plain and simple—these attempts to do they’ve built in their local small business com- Price Index, and the S&P 500 index. However, away with energy efficiency standards will hurt munity, the programs they have developed as- to take stock of the health of the Patuxent our competitive advantage against China. sisting veterans and young entrepreneurs, and River—and, indeed, of our stewardship of the

VerDate Mar 15 2010 05:04 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.040 E07JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1024 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2012 Chesapeake Bay—there is no index more im- protect the Patuxent River and the Chesa- Project labor agreements increase efficiency portant than Bernie’s annual ‘‘Sneaker Index.’’ peake Bay, and let us leave our children and and quality of construction projects and are an Bernie’s sneakers have now been the leading grandchildren a cleaner and clearer Patuxent effective tool for ensuring that large and com- non-scientific measure of the river’s health for and Chesapeake to enjoy and treasure. plex projects are completed on time. They pro- a quarter century. f vide construction contractors with access to a Each year, in order to gauge the health and highly skilled and well trained workforce and MILITARY CONSTRUCTION AND water quality of the Patuxent River, Bernie has ensure that contractors comply with equal em- VETERANS AFFAIRS AND RE- waded into its water to measure its clarity, ployment rules and environmental standards. LATED AGENCIES APPROPRIA- stopping at the point at which he can no And, workers have found that it protects their TIONS ACT, 2013 longer see his sneakers. As a young man, he safety and wages. For these reasons, PLAs recalled being able to see them clearly when SPEECH OF have been used in all 50 states and the Dis- the water was already up to his chest— trict of Columbia; on the local, state, and fed- through as much as sixty inches of river water. HON. STEVE ISRAEL eral level; and in the public and private sector. When Bernie first waded in the river to meas- OF NEW YORK You might have even heard of the Tappan ure in 1988, he could only get as far as his IN THE HOUSE OF REPRESENTATIVES Zee Bridge, Fort Drum, Walt Disney World shins, recording only eight inches of water be- Thursday, May 31, 2012 and the Kennedy Space Center—all were built fore his sneakers disappeared beneath the The House in Committee of the Whole with project labor agreements. And any at- polluted waters. In 2011, Bernie measured this House on the state of the Union had under tempt to restrict even the consideration of level at 31.25 inches—slightly lower than the consideration the bill (H.R. 5854) making ap- project labor agreements where they would previous year and much lower than the over– propriations for military construction, the promote economic efficiency is simply the 42 inch record in 2004. This is a sign that we Department of Veterans Affairs, and related still have much work to do. agencies for the fiscal year ending Sep- height of anti-union tactics getting in the way I have had the honor of joining him, along tember 30, 2013, and for other purposes: of good government. with other Maryland elected officials, at the Mr. ISRAEL. Madam Chair, I rise today in There is an Executive Order that encour- banks of the Patuxent for many years at this strong opposition to section 517 of the Military ages agencies to use project labor agree- annual event. Throughout his career, Bernie Construction, Veterans Affairs and Related ments if it finds that an agreement would pro- has done much to draw attention to the health Agencies Appropriations Act. That is because mote economic efficiency. During this time of of the river and the Chesapeake Bay into it would prevent the Department of Veterans fiscal restraint when the government must which it flows. The Patuxent is the Chesa- Affairs, and related construction agencies from tighten its belt, it does not make sense to pro- peake’s only tributary to flow entirely through using project labor agreements (PLA) when hibit use of a proven business model that in- our State, and Marylanders feel a special re- they determine that they would benefit from creases efficiency and keeps costs down. That sponsibility to protect it for future generations. doing so. If an agency decides that it is in is why I support the use of project labor Let us continue to follow in Bernie Fowler’s their best interest to enter into a PLA, they agreements and am opposed to this anti-labor footsteps and heed his call to conserve and should be given the ability to make that call. provision.

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HIGHLIGHTS The House passed H.R. 5855, Department of Homeland Security Appro- priations Act, 2013. Senate Chamber Action Measures Considered: Agriculture Reform, Food, and Jobs Act—Agree- Routine Proceedings, pages S3803–S3874 ment: Senate continued consideration of the motion Measures Introduced: Eleven bills and three reso- to proceed to consideration of S. 3240, to reauthorize lutions were introduced, as follows: S. 3271–3281, agricultural programs through 2017. Pages S3803–35 and S. Res. 486–488. Pages S3838–39 During consideration of this measure today, Senate Measures Reported: also took the following action: S. 3276, to extend certain amendments made by By 90 yeas to 8 nays (Vote No. 117), three-fifths the FISA Amendments Act of 2008. (S. Rept. No. of those Senators duly chosen and sworn, having 112–174) Page S3838 voted in the affirmative, Senate agreed to the motion to close further debate on the motion to proceed to Measures Passed: consideration of the bill. Pages S3807–08 Large Air Tankers: Committee on Agriculture, A unanimous-consent agreement was reached pro- Nutrition, and Forestry was discharged from further viding that if cloture is not invoked on the nomina- consideration of S. 3261, to allow the Chief of the tion of Andrew David Hurwitz, of Arizona, to be Forest Service to award certain contracts for large air United States Circuit Judge for the Ninth Circuit, tankers, and the bill was then passed. Pages S3870–71 Senate agree to the motion to proceed to consider- Making a Technical Correction: Senate passed ation of the bill at 2:15 p.m., on Tuesday, June 12, H.R. 5883, to make a technical correction in Public 2012; and that if cloture is invoked on the nomina- Law 112–108. Page S3871 tion of Andrew David Hurwitz, of Arizona, to be United States Circuit Judge for the Ninth Circuit, Making a Technical Correction: Senate passed that upon the disposition of the nomination, Senate H.R. 5890, to correct a technical error in Public agree to the motion to proceed to consideration of Law 112–122. Page S3871 the bill. Page S3835 Honoring the Late Fang Lizhi: Committee on Hurwitz Nomination—Cloture: Senate began con- the Judiciary was discharged from further consider- sideration of the nomination of Andrew David ation of S. Res. 476, honoring the contributions of Hurwitz, of Arizona, to be United States Circuit the late Fang Lizhi to the people of China and the Judge for the Ninth Circuit. Page S3835 cause of freedom, and the resolution was then agreed A motion was entered to close further debate on to. Pages S3871–72 the nomination and, in accordance with the provi- Portsmouth Naval Shipyard Fire: Senate agreed sions of Rule XXII of the Standing Rules of the to S. Res. 488, commending the efforts of the fire- Senate, a vote on cloture will occur on Monday, June fighters and emergency response personnel of Maine, 11, 2012. Page S3835 New Hampshire, Massachusetts, and Connecticut, A unanimous-consent-time-agreement was reached who came together to extinguish the May 23, 2012, providing that at 4:30 p.m., on Monday, June 11, fire at Portsmouth Naval Shipyard in Kittery, 2012, there be up to 60 minutes of debate on the Maine. Pages S3872–73 motion to invoke cloture on the nomination, equally divided between the two Leaders, or their designees; that upon the use or yielding back of time, Senate D573

VerDate Mar 15 2010 06:35 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07JN2.REC D07JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST D574 CONGRESSIONAL RECORD — DAILY DIGEST June 7, 2012 vote on the motion to invoke cloture on the nomina- tion. Page S3835 Committee Meetings Nominations Received: Senate received the fol- (Committees not listed did not meet) lowing nominations: Mignon L. Clyburn, of South Carolina, to be a BLUE RIBBON COMMISSION ON AMERICA’S Member of the Federal Communications Commission NUCLEAR FUTURE for a term of five years from July 1, 2012. Committee on Environment and Public Works: Sub- Stephen Crawford, of Maryland, to be a Governor committee on Clean Air and Nuclear Safety con- of the United States Postal Service for the remainder cluded a hearing to examine recommendations from of the term expiring December 8, 2015. the Blue Ribbon Commission on America’s Nuclear John M. Koenig, of Washington, to be Ambas- Future for a consent-based approach to siting nuclear sador to the Republic of Cyprus. waste storage and management facilities, after receiv- 6 Air Force nominations in the rank of general. ing testimony from S. Andrew Orrell, Director, Nu- 4 Army nominations in the rank of general. clear Energy and Fuel Cycle Programs, Sandia Na- 1 Coast Guard nomination in the rank of admiral. tional Laboratories, Department of Energy; David A. 4 Navy nominations in the rank of admiral. Wright, South Carolina Public Service Commis- Routine lists in the Army, Foreign Service, and sioner, on behalf of the National Association of Reg- Navy. Pages S3873–74 ulatory Utility Commissioners, and Geoffrey H. Nominations Withdrawn: Senate received notifica- Fettus, Natural Resources Defense Council, Inc., all tion of withdrawal of the following nominations: of Washington, D.C.; General Brent Scowcroft, Terence Francis Flynn, of Maryland, to be a Mem- Scowcroft Group, Washington, D.C., and Per Peter- ber of the National Labor Relations Board for the son, University of California, Berkley, both of the term of five years expiring August 27, 2015, which Blue Ribbon Commission on America’s Nuclear Fu- was sent to the Senate on January 5, 2011. ture; Eric Howes, Maine Yankee, Wiscasset; and Terence Francis Flynn, of Maryland, to be a Mem- Daniel S. Metlay, U.S. Nuclear Waste Technical Re- ber of the National Labor Relations Board for the view Board, Arlington, Virginia. term of five years expiring August 27, 2015 (Recess Appointment), which was sent to the Senate on Feb- CIVIL SOCIETY IN CUBA ruary 13, 2012. Committee on Foreign Relations: Subcommittee on Roslyn Ann Mazer, of Maryland, to be Inspector Western Hemisphere, Peace Corps and Global Nar- General, Department of Homeland Security, which cotics Affairs concluded a hearing to examine coun- was sent to the Senate on July 21, 2011. Page S3874 tering repression and strengthening civil society in Messages from the House: Page S3837 Cuba, after receiving testimony from Roberta S. Jacobson, Assistant Secretary of State for Western Measures Placed on the Calendar: Page S3837 Hemisphere Affairs; and Normando Hernandez Gon- Enrolled Bills Presented: Page S3837 zalez, National Endowment for Democracy, Wash- Executive Communications: Pages S3837–38 ington, D.C. Executive Reports of Committees: Page S3838 UNIVERSAL SERVICE FUND REFORM Additional Cosponsors: Pages S3839–40 Committee on Indian Affairs: Committee concluded a Statements on Introduced Bills/Resolutions: hearing to examine Universal Service Fund Reform, Pages S3840–44 focusing on ensuring a sustainable and connected fu- Additional Statements: Page S3836 ture for native communities, after receiving testi- mony from Mignon L. Clyburn, Federal Communica- Amendments Submitted: Pages S3844–70 tions Commission; Jonathan Adelstein, Adminis- Authorities for Committees to Meet: Page S3870 trator, Rural Utilities Service, Department of Agri- Privileges of the Floor: Page S3870 culture; Alfred LaPaz, Mescalero Apache Tribal Council, and Godfrey Enjady, Mascalero Apache Record Votes: One record vote was taken today. Telecom, Inc., both of Mescalero, New Mexico; Ste- (Total—117) Page S3808 phen Merriam, Arctic Slope Telephone Association Adjournment: Senate convened at 9:30 a.m. and Cooperative, Inc., Anchorage, Alaska; Albert S. N. adjourned at 5:23 p.m., until 2:00 p.m. on Monday, Hee, Sandwich Isles Communications, Inc., Hono- June 11, 2012. (For Senate’s program, see the re- lulu, Hawaii; and Shirley Bloomfield, National Tele- marks of the Majority Leader in today’s Record on communications Cooperative Association, Arlington, page S3873.) Virginia.

VerDate Mar 15 2010 06:35 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07JN2.REC D07JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST June 7, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D575 BUSINESS MEETING homa, and Mark E. Walker, to be United States Dis- Committee on the Judiciary: Committee ordered favor- trict Judge for the Northern District of Florida. ably reported the nominations of Robert E. Bacharach, of Oklahoma, to be United States Circuit INTELLIGENCE Judge for the Tenth Circuit, Paul William Grimm, Select Committee on Intelligence: Committee held closed to be United States District Judge for the District hearings on intelligence matters, receiving testimony of Maryland, John E. Dowdell, to be United States from officials of the intelligence community. District Judge for the Northern District of Okla- Committee recessed subject to the call. h House of Representatives 30, 2013, by a yea-and-nay vote of 234 yeas to 182 Chamber Action nays, Roll No. 370. Consideration of the measure Public Bills and Resolutions Introduced: 24 pub- began yesterday, June 6th. Pages H3618–52 lic bills, H.R. 5905–5928; and 3 resolutions, H. Rejected the Tierney motion to recommit the bill Res. 680–682, were introduced. Page H3660 to the Committee on Appropriations with instruc- Additional Cosponsors: Pages H3661–62 tions to report the same back to the House forthwith Reports Filed: There were no reports filed today. with an amendment, by a recorded vote of 165 ayes to 251 noes, Roll No. 369. Pages H3650–51 Speaker: Read a letter from the Speaker wherein he Agreed by unanimous consent that, during further appointed Representative Barton (TX) to act as consideration of H.R. 5855 in the Committee of the Speaker pro tempore for today. Page H3581 Whole pursuant to House Resolution 667, no fur- Recess: The House recessed at 10:37 a.m. and re- ther amendment to the bill may be offered except convened at 12 noon. Page H3585 those appearing on a list submitted to the desk. Protect Medical Innovation Act of 2012: The Page H3618 House passed H.R. 436, to amend the Internal Rev- Agreed to: enue Code of 1986 to repeal the excise tax on med- Ellison amendment that prohibits funds from ical devices, by a yea-and-nay vote of 270 yeas to being used in contravention of (1) the Fifth and 146 nays, Roll No. 361. Pages H3601–15, H3615–18 Fourteenth Amendments to the Constitution; (2) Rejected the Bishop (NY) motion to recommit Title VI of the Civil Rights Act of 1964; (3) Section the bill to the Committee on Ways and Means with 809(c)(1) of the Omnibus Crime Control and Safe instructions to report the same back to the House Streets Act of 1968; or (4) Section 210401(a) of the forthwith with an amendment, by a yea-and-nay vote Violent Crime and Law Enforcement Act of 1994; of 179 yeas to 239 nays, Roll No. 360. Page H3620 Pages H3615–17 Graves (MO) amendment that prohibits funds Pursuant to the rule, an amendment in the nature from being used to finalize, implement, administer, of a substitute consisting of the text of Rules Com- or enforce the rule entitled ‘‘Provisional Unlawful mittee Print 112–23 shall be considered as adopted, Presence Waivers of Inadmissibility for Certain Im- in lieu of the amendment in the nature of a sub- mediate Relatives’’ published by the Department of stitute recommended by the Committee on Ways Homeland Security on April 2, 2012; Pages H3620–21 and Means now printed in the bill. Page H3601 Black amendment that prohibits funds from being H. Res. 679, the rule providing for consideration used to provide funding for the position of Public of the bills (H.R. 436) and (H.R. 5882), was agreed Advocate within U.S. Immigration and Customs En- to by a recorded vote of 241 ayes to 173 noes, Roll forcement; Page H3622 No. 359, after the previous question was ordered by Flores amendment that prohibits funds from being a yea-and-nay vote of 240 yeas to 179 nays, Roll used to enforce section 526 of the Energy Independ- No. 358. Pages H3589–99, H3600–01 ence and Security Act of 2007; Pages H3623–24 Department of Homeland Security Appropria- Pierluisi amendment (No. 16 printed in the Con- tions Act, 2013: The House passed H.R. 5855, gressional Record of June 6, 2012) that prohibits making appropriations for the Department of Home- funds from being used to implement, administer, or land Security for the fiscal year ending September enforce section 1301(a) of title 31, United States

VerDate Mar 15 2010 06:35 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07JN2.REC D07JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST D576 CONGRESSIONAL RECORD — DAILY DIGEST June 7, 2012 Code, with respect to the use of amounts made avail- Blackburn amendment that sought to prohibit able by this Act for ‘‘Customs and Border Protec- funds from being used to provide to a Transpor- tion—Salaries and Expenses’’ for the expenses au- tation Security Officer, Behavior Detection Officer, thorized to be paid in section 9 of the Jones Act and or other employee of the Transportation Security Ad- for the collection of duties and taxes authorized to ministration (1) a badge or shield or (2) a uniform be levied, collected, and paid in Puerto Rico, as au- with epaulets or a badge tab (by a recorded vote of thorized in section 4 of the Foraker Act, in addition 131 ayes to 282 noes, Roll No. 364) to the more specific amounts available for such pur- Pages H3629–30, H3646–47 poses in the Puerto Rico Trust Fund pursuant to Blackburn amendment that sought to prohibit such provisions of law; Page H3632 funds from being used for Transportation Security Barletta amendment that prohibits funds from Administration Transportation Security Officers or being used in contravention of section 642(a) of the Behavior Detection Officers outside an airport (by a Illegal Immigration Reform and Immigrant Respon- recorded vote of 204 ayes to 210 noes, Roll No. sibility Act of 1996; Pages H3635–36 365); Pages H3630–32, H3647 Aderholt en bloc amendment that consists of the following amendments: Engel amendment that pro- Turner (NY) amendment that prohibits more than hibits funds from being used by the Department of $20,000,000 from being made available for surface Homeland Security or any other Federal agency to transportation security inspectors, except for the Na- lease or purchase new light duty vehicles, for any ex- tional Explosives Detection Canine Training Pro- ecutive fleet, or for an agency’s fleet inventory, ex- gram and Visible Intermodal Prevention and Re- cept in accordance with Presidential Memorandum- sponse Teams (by a recorded vote of 101 ayes to 314 Federal Fleet Performance, dated May 24, 2011; noes, Roll No. 367); and Pages H3637–38, H3648–49 Holt amendment that prohibits funds from being Polis amendment that sought to reduce each used for the purchase, operation, or maintenance of amount made available by this Act by 2%, except armed unmanned aerial vehicles; and Price (GA) for certain specified accounts (by a recorded vote of amendment that prohibits funds from being used in 99 ayes to 316 noes, Roll No. 368). contravention of immigration laws (as defined in sec- Pages H3638–40, H3649 tion 101(a)(17) of the Immigration and Nationality Withdrawn: Act); Page H3637 Brown (FL) amendment that was offered and sub- Cravaack amendment that prohibits funds from sequently withdrawn that would have increased being used in contravention of section 236(c) of the funding, by offset, for U.S. Customs and Border Pro- Immigration and Nationality Act; Pages H3641–43 tection Salaries and Expenses by $25,000,000 and King (IA) amendment that prohibits funds from Page H3619 being used to enforce Executive Order 13166 (Au- Crowley amendment that was offered and subse- gust 16, 2000; 65 Fed. Reg. 50121) (by a recorded quently withdrawn regarding the sense of Congress vote of 224 ayes to 189 noes, Roll No. 362); that the Department of Homeland Security should Pages H3624, H3645 increase coordination with India on efforts to prevent King (IA) amendment that prohibits funds from terrorist attacks in the United States and India. being used to finalize, implement, administer, or en- Pages H3622–23 force the ‘‘Morton Memos’’ described in the amend- Point of Order sustained against: ment (by a recorded vote of 238 ayes to 175 noes, Ryan (OH) amendment that sought to prohibit Roll No. 363); and Pages H3624–29, H3645–46 Sullivan amendment that prohibits funds from funds from being used to issue an immigrant or being used to terminate an agreement governing a nonimmigrant visa to a citizen, subject, national, or delegation of authority under section 287(g) of the resident of Brazil until the President of the United Immigration and Nationality Act that is in existence States determines and certifies to the Congress that on the date of the enactment of this Act (by a re- the Government of Brazil has amended it laws to re- corded vote of 250 ayes to 164 noes, Roll No. 366). move the prohibition on extradition of nationals of Pages H3632–34, H3647–48 Brazil to other countries. Pages H3621–22 Rejected: H. Res. 667, the rule providing for consideration Broun (GA) amendment that sought to prohibit of the bills (H.R. 5743), (H.R. 5854), (H.R. 5855), funds from being used to enforce section 44920(f) of and (H.R. 5325), was agreed to on Thursday, May title 49, United States Code; Page H3640 31st. Broun (GA) amendment that sought to prohibit Recess: The House recessed at 4:07 p.m. and recon- funds from being used for Behavior Detection Offi- vened at 4:21 p.m. Page H3615 cers or the SPOT program; Pages H3640–41

VerDate Mar 15 2010 06:35 Jun 08, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07JN2.REC D07JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST June 7, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D577 Motion to Instruct Conferees: The House debated turing Competitiveness Act of 2012’’; and H.R. the Broun (GA) motion to instruct conferees on 5859, to repeal an obsolete provision in title 49, H.R. 4348. Further proceedings were postponed. United States Code, requiring motor vehicle insur- Pages H3652–58 ance cost reporting. H.R. 5865 was forwarded as Senate Message: Message received from the Senate amended; and H.R. 5859 was forwarded, without by the Clerk and subsequently presented to the amendment. House today appears on page H3652. MISCELLANEOUS MEASURE Senate Referral: S. 3261 was referred to the Com- Committee on Energy and Commerce: Subcommittee on mittee on Agriculture. Page H3659 Energy and Power held a markup of H.R. 4273, the Quorum Calls—Votes: Four yea-and-nay votes and ‘‘Resolving Environmental and Grid Reliability Con- nine recorded votes developed during the pro- flicts Act of 2012’’; and H.R. 5892, the ‘‘Hydro- ceedings of today and appear on pages H3598–99, power Regulatory Efficiency Act of 2012’’. H.R. H3600–01, H3617, H3617–18, H3645, H3645–46, 4273 and H.R. 5892 were forwarded, without H3646–47, H3647, H3647–48, H3648–49, H3649, amendment. H3650–51, and H3651–52. There were no quorum OVERSIGHT OF FEDERAL HOUSING calls. ADMINISTRATION’S MULTIFAMILY Adjournment: The House met at 10 a.m. and ad- INSURANCE PROGRAMS journed at 11:35 p.m. Committee on Financial Services: Subcommittee on In- surance, Housing and Community Opportunity held Committee Meetings a hearing entitled ‘‘Oversight of Federal Housing Administration’s Multifamily Insurance Programs’’. TRANSPORTATION, HOUSING AND Testimony was heard from Marie Head, Deputy As- URBAN DEVELOPMENT APPROPRIATIONS sistant Secretary, Office of Multifamily Housing Pro- BILL FY 2013 grams, Office of Housing, Federal Housing Adminis- Committee on Appropriations: Subcommittee on Trans- tration; Michael Bodaken, President, National Hous- portation, Housing and Urban Development held a ing Trust; Mary Keaney, Executive Director, Illinois markup of Transportation, Housing and Urban De- Housing Development Authority; and public wit- velopment Appropriations Bill FY 2013. The bill nesses. was forwarded, without amendment. INVESTOR PROTECTION: THE NEED TO MILITARY RESALE PROGRAMS OVERVIEW PROTECT INVESTORS FROM THE Committee on Armed Services: Subcommittee on Mili- GOVERNMENT tary Personnel held a hearing entitled ‘‘Military Re- Committee on Financial Services: Subcommittee on Cap- sale Programs Overview’’. Testimony was heard from ital Markets and Government Sponsored Enterprises Robert L. Gordon, Deputy Assistant Secretary of De- held a hearing entitled ‘‘Investor Protection: The fense, Military Community and Family Policy; Brig- Need to Protect Investors from the Government’’. adier General Francis L. Hendricks, USAF, Com- Testimony was heard from public witnesses. mander, Army and Air Force Exchange Service; Rear MISCELLANEOUS MEASURES Admiral Robert J. Bianchi, USN (ret), Chief Execu- tive Officer, Navy Exchange Service Command; Jo- Committee on Foreign Affairs: Full Committee held a seph H. Jeu, Director and Chief Executive Officer, markup of H.R. 4405, to impose sanctions on per- Defense Commissary Agency; William C. Dillon, sons responsible for the detention, abuse, or death of Director, Semper Fit and Exchange Services, U.S. Sergei Magnitsky, and for other gross violations of Marine Corps; and public witnesses. human rights in the Russian Federation, and for other purposes; H. Res. 506, calling upon the Gov- MISCELLANEOUS MEASURE ernment of Turkey to facilitate the reopening of the Committee on Education and the Workforce: Full Com- Ecumenical Patriarchate’s Theological School of mittee held a markup of H.R. 4297, the ‘‘Workforce Halki without condition or further delay; H.R. Investment Improvement Act of 2012’’. The bill was 4141, to direct the Administrator of the United ordered reported, as amended. States Agency for International Development to take appropriate actions to improve the nutritional qual- MISCELLANEOUS MEASURES ity, quality control, and cost effectiveness of United Committee on Energy and Commerce: Subcommittee on States food assistance, and for other purposes; H. Commerce, Manufacturing, and Trade completed Res. 526, expressing the sense of the House of Rep- markup of H.R. 5865, the ‘‘American Manufac- resentatives with respect toward the establishment of

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a democratic and prosperous Republic of Georgia Colorado, originally granted to the Mt. Manitou and the establishment of a peaceful and just resolu- Park and Incline Railway Company pursuant to the tion to the conflict with Georgia’s internationally Act of March 3, 1875; H.R. 4094, the ‘‘Preserving recognized borders; H. Res. 583, expressing support Access to Cape Hatteras National Seashore Rec- for robust efforts by the United States to see Joseph reational Area Act’’; H.R. 4234, the ‘‘Grazing Im- Kony, the leader of the Lord’s Resistance Army, and provement Act of 2012’’; H.R. 4400, to designate his top commanders brought to justice and the the Salt Pond Visitor Center at Cape Cod National group’s atrocities permanently ended; and H. Res. Seashore as the ‘‘Thomas P. O’Neill, Jr. Salt Pond 663, expressing support for the International Olym- Visitor Center’’, and for other purposes; S. 270, the pic Committee to recognize with a minute of silence ‘‘La Pine Land Conveyance Act’’; and S. 997, the at every future Olympics Opening Ceremony those ‘‘East Bench Irrigation District Water Contract Ex- who lost their lives at the 1972 Munich Olympics, tension Act’’. The following measures were ordered and for other purposes. The following measures were reported, as amended: H.R. 3685; H.R. 4039; H.R. ordered reported, as amended: H.R. 4405; H.R. 4234; H.R. 3100; H.R. 3210; H.R. 1171; H.R. 4141; H. Res. 526; H. Res. 583; and H. Res. 663. 3388; H.R. 3706; and H.R. 4073. The following The following resolution was ordered reported, with- measures were ordered reported, without amend- out amendment, H. Res. 506. ment: H.R. 4094; H.R. 1103; H.R. 3065; H.R. TSA’S EFFORTS TO FIX ITS POOR 4400; S. 270; and S. 997. CUSTOMER SERVICE REPUTATION AND ASSESSING MEDICARE AND MEDICAID BECOME A LEANER, SMARTER AGENCY PROGRAM INTEGRITY Committee on Homeland Security: Subcommittee on Committee on Oversight and Government Reform: Sub- Transportation Security held a hearing entitled committee on Government Organization, Efficiency ‘‘TSA’s Efforts to Fix Its Poor Customer Service Rep- and Financial Management held a hearing entitled utation and Become a Leaner, Smarter Agency’’. Tes- ‘‘Assessing Medicare and Medicaid Program Integ- timony was heard from John S. Pistole, Adminis- rity’’. Testimony was heard from Peter Budett, Di- trator, Transportation Security Administration. rector of Center for Program Integrity, Centers for OVERSIGHT OF THE UNITED STATES Medicare and Medicaid Services; Ann Maxwell, Re- DEPARTMENT OF JUSTICE gional Inspector General for Evaluation and Inspec- tions, Office of the Inspector General for Department Committee on the Judiciary: Full Committee held a of Health and Human Services; Carolyn Yocom, Di- hearing entitled ‘‘Oversight of the United States De- rector of Health Care, Medicaid, Government Ac- partment of Justice’’. Testimony was heard from Eric countability Office; and Kathleen King, Director of Holder, Attorney General, Department of Justice. Health Care, Medicare, Government Accountability MISCELLANEOUS MEASURES Office. Committee on Natural Resources: Full Committee held ISSUES AND OPPORTUNITIES FOR SMALL a markup of the following measures: H.R. 1103, the BUSINESSES ON THE GSA SCHEDULES ‘‘American Memorial Park Tinian Annex Act’’; H.R. Committee on Small Business: Subcommittee on Con- 1171, ‘‘Marine Debris Act Reauthorization Amend- tracting and Workforce held a hearing entitled ments of 2011’’; H.R. 3065, the ‘‘Target Practice ‘‘Scheduling Success? Issues and Opportunities for and Marksmanship Training Support Act’’; H.R. Small Businesses on the GSA Schedules’’. Testimony 3100, the ‘‘San Antonio Missions National Historical was heard from William T. Woods Director, Acqui- Park Boundary Expansion Act’’; H.R. 3210, the sition and Sourcing Management, Government Ac- ‘‘RELIEF Act’’; H.R. 3388, the ‘‘Wood-Pawcatuck countability Office; Steven J. Kempf, Commissioner, Watershed Protection Act’’; H.R. 3685, to amend Federal Acquisition Services, General Services Ad- the Herger-Feinstein Quincy Library Group Forest ministration; and public witnesses. Recovery Act to extend and expand the scope of the pilot forest management project required by that MISCELLANEOUS MEASURES Act; H.R. 3706, to create the Office of Chief Finan- Committee on Transportation and Infrastructure: Full cial Officer of the Government of the Virgin Islands, Committee held a markup of the following measures: and for other purposes; H.R. 4039, the ‘‘Yerington H.R. 4965, to preserve existing rights and respon- Land Conveyance and Sustainable Development sibilities with respect to waters of the United States, Act’’; H.R. 4073, to authorize the Secretary of Agri- and for other purposes; H.R. 5887, the ‘‘Coast culture to accept the quitclaim, disclaimer, and re- Guard and Maritime Transportation Authorization linquishment of a railroad right of way within and Act of 2012’’; H.R. 1171, the ‘‘Marine Debris Act adjacent to Pike National Forest in El Paso County, Reauthorization Amendments of 2011’’; H.R. 3742,

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to designate the United States courthouse located at Border by deterring the construction and use of bor- 100 North Church Street in Las Cruces, New Mex- der tunnels. Signed on June 5, 2012. (Public Law ico, as the ‘‘Edwin L. Mechem United States Court- 112–127) house’’; H.R. 4347, to designate the United States H.R. 4849, to direct the Secretary of the Interior courthouse located at 709 West 9th Street in Ju- to issue commercial use authorizations to commercial neau, Alaska, as the ‘‘Robert Boochever United stock operators for operations in designated wilder- States Courthouse’’; General Services Administration ness within the Sequoia and Kings Canyon National Capital Investment and Leasing Program Resolu- Parks. Signed on June 5, 2012. (Public Law tions; and Summary of Legislative and Oversight Ac- 112–128) tivities Committee Report. The following measures f were ordered reported, as amended: H.R. 4965; H.R. 5887; and H.R. 1171. The following measures were COMMITTEE MEETINGS FOR FRIDAY, ordered reported, without amendment: H.R. 3742; JUNE 8, 2012 and H.R. 4347. The Summary of Legislative and (Committee meetings are open unless otherwise indicated) Oversight Activities Committee Report was ap- proved. Senate No meetings/hearings scheduled. Joint Meetings House ECONOMIC OUTLOOK Committee on Energy and Commerce, Subcommittee on Joint Economic Committee: Committee concluded a Oversight and Investigations, hearing entitled ‘‘Medicare hearing to examine the current economic outlook, Contractors’ Efforts to Fight Fraud—Moving Beyond ‘Pay and Chase’ ’’, 9:30 a.m., 2123 Rayburn. after receiving testimony from Ben S. Bernanke, Subcommittee on Health, hearing ‘‘Examining the Ap- Chairman, Board of Governors of the Federal Reserve propriateness of Standards for Medical Imaging and Radi- System. ation Therapy Technologists’’, 10 a.m., 2322 Rayburn. f Committee on the Judiciary, Full Committee, continued markup of H.R. 4369, the ‘‘Furthering Asbestos Claim NEW PUBLIC LAWS Transparency (FACT) Act of 2012’’, 9:30 a.m., 2141 (For last listing of Public Laws, see DAILY DIGEST, p. D548) Rayburn. Committee on Natural Resources, Subcommittee on Indian H.R. 2415, to designate the facility of the United and Alaska Native Affairs, hearing entitled ‘‘Federal States Postal Service located at 11 Dock Street in Communications Commission’s rule on the Universal Pittston, Pennsylvania, as the ‘‘Trooper Joshua D. Service Fund and its impact on American Indians and Miller Post Office Building’’. Signed on June 5, Alaska Natives’’, 11 a.m., 1324 Longworth. 2012. (Public Law 112–124) Subcommittee on National Parks, Forest and Public H.R. 3220, to designate the facility of the United Lands, hearing on the following measures: H.R. 3641 States Postal Service located at 170 Evergreen Square ‘‘Pinnacles National Park Act’’; H.R. 3894, the ‘‘Pullman SW in Pine City, Minnesota, as the ‘‘Master Ser- Historic Site National Park Service Study Act’’; H.R. geant Daniel L. Fedder Post Office’’. Signed on June 4606, to authorize the issuance of right-of-way permits 5, 2012. (Public Law 112–125) for natural gas pipelines in Glacier National Park, and for H.R. 3413, to designate the facility of the United other purposes; H.R. 5544, the ‘‘Minnesota Education In- vestment and Employment Act’’; and H.R. 5791, the States Postal Service located at 1449 West Avenue ‘‘Emergency Water Supply Restoration Act’’, 9 a.m., in Bronx, New York, as the ‘‘Private Isaac T. Cortes 1334 Longworth. Post Office’’. Signed on June 5, 2012. (Public Law Committee on Ways and Means, Subcommittee on Select 112–126) Revenue Measures, hearing entitled ‘‘Framework for Eval- H.R. 4119, to reduce the trafficking of drugs and uating Certain Expiring Tax Provisions’’, 9:30 a.m., 1100 to prevent human smuggling across the Southwest Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, June 11 9 a.m., Friday June 8

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Friday: Consideration of H.R. 5882—Leg- of the motion to proceed to consideration of S. 3240, Ag- islative Branch Appropriations Act, 2013. riculture Reform, Food, and Jobs Act. At 4:30 p.m., Sen- ate will resume consideration of the nomination of An- drew David Hurwitz, of Arizona, to be United States Cir- cuit Judge for the Ninth Circuit, and vote on the motion to invoke cloture on the nomination at approximately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Heinrich, Martin, N.M., E1008, E1013, E1018 Perlmutter, Ed, Colo., E1007, E1009, E1009, E1011, Hoyer, Steny H., Md., E1023 E1013, E1014, E1015, E1016, E1016, E1017 Bass, Charles F., N.H., E1020 Israel, Steve, N.Y., E1023, E1024 Ribble, Reid J., Wisc., E1017 Black, Diane, Tenn., E1019 Jones, Walter B., N.C., E1011 Richardson, Laura, Calif., E1018 Brady, Robert A., Pa., E1014 Kucinich, Dennis J., Ohio, E1018, E1019, E1019, E1020, Ross, Mike, Ark., E1016 Campbell, John, Calif., E1009 E1020, E1021, E1022 Roybal-Allard, Lucille, Calif., E1019 ´ Carson, Andre, Ind., E1019 Larsen, Rick, Wash., E1022 Schakowsky, Janice D., Ill., E1013 Coffman, Mike, Colo., E1017 ´ Long, Billy, Mo., E1014 Serrano, Jose E., N.Y., E1015, E1021 Cooper, Jim, Tenn., E1017 Sessions, Pete, Tex., E1007 McCotter, Thaddeus G., Mich., E1016 Courtney, Joe, Conn., E1010, E1022 Sewell, Terri A., Ala., E1007 McMorris Rodgers, Cathy, Wash., E1010 Denham, Jeff, Calif., E1015 Smith, Adam, Wash., E1013, E1021 Deutch, Theodore E., Fla., E1011 McNerney, Jerry, Calif., E1020 Speier, Jackie, Calif., E1007 Engel, Eliot L., N.Y., E1016 Miller, Gary G., Calif., E1022 Tiberi, Patrick J., Ohio, E1007 Farr, Sam, Calif., E1017, E1018 Miller, Jeff, Fla., E1009 Tonko, Paul, N.Y., E1011 Flake, Jeff, Ariz., E1008 Myrick, Sue Wilkins, N.C., E1013 Tsongas, Niki, Mass., E1019 Frank, Barney, Mass., E1014 Nugent, Richard B., Fla., E1015 Vela´ zquez, Nydia M., N.Y., E1020 Hastings, Alcee L., Fla., E1008 Olver, John W., Mass., E1009 West, Allen B., Fla., E1023

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