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, MONDAY, FEBRUARY 27, 2012 No. 30 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE NEW PARTNERSHIP WITH called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the KYRGYZSTAN pore (Mr. DENHAM). gentleman from South Carolina (Mr. (Mr. WILSON of South Carolina f WILSON) come forward and lead the asked and was given permission to ad- DESIGNATION OF THE SPEAKER House in the Pledge of Allegiance. dress the House for 1 minute and to re- PRO TEMPORE Mr. WILSON of South Carolina led vise and extend his remarks.) the Pledge of Allegiance as follows: Mr. WILSON of South Carolina. Mr. The SPEAKER pro tempore laid be- Speaker, last week, I was grateful to be I pledge allegiance to the Flag of the fore the House the following commu- part of a Congressional delegation, led nication from the Speaker: United States of America, and to the Repub- lic for which it stands, one nation under God, by Chairman DAVID DREIER, that estab- WASHINGTON, DC, indivisible, with liberty and justice for all. lished a partnership with the par- February 27, 2012. liament of Kyrgyzstan, the Jogorku I hereby appoint the Honorable JEFF Kenesh. We traveled as members of the DENHAM to act as Speaker pro tempore on f this day. House Democracy Partnership, which works with parliaments in new democ- JOHN A. BOEHNER, COMMENDING DETROIT CATHOLIC racies to build stronger legislatures. Speaker of the House of Representatives. CENTRAL HIGH SCHOOL f Following parliamentary elections in 2010, the Kyrgyz Republic last year PRAYER (Mr. MCCOTTER asked and was given permission to address the House for 1 completed the first peaceful demo- The Chaplain, the Reverend Patrick minute and to revise and extend his re- cratic transition of Presidential power J. Conroy, offered the following prayer: marks.) in Central Asia after an open and com- Compassionate and merciful God, we Mr. MCCOTTER. Mr. Speaker, today petitive election. New President give You thanks for giving us another I rise to commend my alma mater, De- Almazbek Atambayev is committed to day. troit Catholic Central High School, for parliamentary democracy. Bless the Members of this people’s winning Michigan’s 2012 Division I Under the leadership of Speaker House as they return from busy days State Wrestling Championship. It is Asylbek Jeenbekov, the parliament away from the Capitol. the team’s ninth State wrestling cham- and HDP will work together to Give them strength, fortitude, and pionship. strengthen committee operations, patience. Fill their hearts with char- After winning the Catholic High budget analyses, constituent relations, ity, their minds with understanding, School League title, CC dominated the and other institutional reforms. their wills with courage to do the right Kyrgyzstan is a bright star in Central district and regional meets; and, in the thing for all of America. Asia, with a growing economy, dedi- finals, defeated Oxford to cap a 25–3–0 In the work to be done now, may cated President, the prestigious Amer- season. they rise together to accomplish what ican University of central Asia, and dy- Coach Mitch Hancock’s team not is best for our great Nation and, in- namic parliamentarians working with only claimed their second title in 3 deed, for all the world. For You have an engaged population to establish a years, they are sending 10 Shamrock blessed us with many graces and given democracy. us the responsibility of being a light wrestlers to the individual State finals. In conclusion, God bless our troops, shining on a hill. Truly, the toil and devotion of every and we will never forget September the May all that is done this day be for CC teammate is inspiring and well re- 11th in the global war on terrorism. flects upon the entire Catholic Central Your greater honor and glory. f Amen. family, which celebrates these student- athletes’ achievement. SAY YES TO DOMESTIC ENERGY f Mr. Speaker, I ask my colleagues to (Mr. POE of Texas asked and was THE JOURNAL join me in recognizing Coach Han- given permission to address the House The SPEAKER pro tempore. The cock’s Catholic Central Shamrocks for for 1 minute and to revise and extend Chair has examined the Journal of the having earned the 2012 State wrestling his remarks.) last day’s proceedings and announces title and for exemplifying the Basilian Mr. POE of Texas. Mr. Speaker, when to the House his approval thereof. Fathers’ teachings of goodness, dis- the President took office, gasoline cost Pursuant to clause 1, rule I, the Jour- cipline, and knowledge. $1.96. Now it’s almost $4 a gallon. nal stands approved. Live and die for CC High. Spring breakers in Disney World can

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 02:08 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.000 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H952 CONGRESSIONAL RECORD — HOUSE February 27, 2012 expect to pay nearly $6 a gallon to fill HONORING THE LIFE OF CHARLIE sissippi voters approved last November. up their individual cars. PEAVYHOUSE I urge my colleagues to support prop- Americans have no choice but to pay (Mr. FLEISCHMANN asked and was erty rights to the Constitution in H.R. the higher price because the govern- given permission to address the House 1433. ment is stonewalling a domestic energy for 1 minute.) f policy. Deana from Huffman, Texas, Mr. FLEISCHMANN. Mr. Speaker, I put it best: rise today to honor the memory of a NATIONAL INSTITUTES OF I go to work to make money to pay for the great man who lived in my district. HEALTH OBSERVES RARE DIS- gas just to get to work. Charlie Peavyhouse was born in De- EASE DAY The President’s energy policy is troit and raised in Rhea County, Ten- (Mr. BURGESS asked and was given ‘‘nothing from below’’—nothing from nessee. A committed Methodist, Char- permission to address the House for 1 below the ground, nothing from below lie earned his associates degree from minute and to revise and extend his re- the sea. Tennessee Wesleyan College and main- marks.) We’re the only Nation in the world tained a lifelong relationship with the Mr. BURGESS. Mr. Speaker, this that places most of our offshore terri- institution. He also received degrees week is Rare Disease Day, which will tory off limits to oil and gas explo- from East Tennessee State University take place on February 29. I want to ration. Meanwhile, the government and Vanderbilt. acknowledge the work of the National continues to subsidize failed green en- After completing his education, Institutes of Health in their efforts to ergy projects. Charlie went to work as a teacher and bring down rare diseases. I also want to We should be saying yes to all types principal. Charlie touched many young acknowledge the thousands of Ameri- of American energy: Yes to more off- lives in his career as an educator, cans who are afflicted with diseases shore drilling; yes to ANWR; yes to which included serving as principal at whose systems are so complex that faster approval of permits; and yes to Bachman and Falling Water Elemen- they simply remain undiagnosed. The the Keystone XL pipeline. tary until his retirement in 1990. majority of these disorders have ge- Let’s make gasoline affordable for I got to know Charlie Peavyhouse netic causes, and over half affect chil- Deana and all Americans. through his work in local politics. dren. And that’s just the way it is. Charlie was always a presence, whether The National Institutes of Health has as the Hamilton County Republican joined a worldwide effort with more f chair, a campaign manager, or a dele- than 40 countries to recognize and seek gate to the Republican National Con- better ways to diagnose and treat pa- vention. He also served as Tennessee’s tients. On February 29, the NIH is ob- DOCUMENTARY FILM wildlife commissioner under two Gov- serving the fifth annual Rare Disease ‘‘UNDEFEATED’’ WINS OSCAR ernors. Day and hosting a daylong program of (Mr. COHEN asked and was given per- Last April, I joined many in Chat- activities highlighting the rare disease mission to address the House for 1 tanooga to pay tribute to a man who research community. minute and to revise and extend his re- inspired so many to serve. I was hon- In conjunction with that, NIH Direc- marks.) ored to call him my mentor. tor Dr. Francis Collins will announce Mr. COHEN. Mr. Speaker, this week- Charlie passed away February 19 and the launch of the Genetic Testing Reg- end many of us watched the Oscars, is survived by his wife, Eula Mae, and istry. This is an online tool developed and among the winners of an Oscar was daughters, Jane and Carol. by NIH scientists providing health care a documentary film called f providers and patients access to infor- ‘‘Undefeated.’’ mation on genetic tests. I also have 1410 ‘‘Undefeated’’ was about a football b legislation that would expand on these team at Manassas High School in Mem- IN SUPPORT OF H.R. 1433, THE PRI- efforts. phis, Tennessee, and a gentleman VATE PROPERTY RIGHTS PRO- This Wednesday, February 29, the named Bill Courtney, who was a volun- TECTION ACT OF 2012 rarest of days on the calendar, we will teer coach there. He went to Manassas (Mr. PALAZZO asked and was given pause to honor those who are working during their 2009–2010 season to try to permission to address the House for 1 hard to research, diagnose, treat, and help the kids, help them get through minute.) empower patients with the rarest of and have a better life. It’s in a tough Mr. PALAZZO. Mr. Speaker, I rise rare diseases. I want to acknowledge part of the city—a lot of poverty and a today in support of H.R. 1433, the Pri- the work of the NIH. I’m grateful that lot of one-parent households and a lot vate Property Rights Protection Act of they’re organizing an event like Rare of things to overcome. 2012. This bill represents a return of Disease Day. They had a football player named basic property rights to the American f O.C. Brown, who was an outstanding of- people, rights we are guaranteed in the TRANSPORTATION INVESTMENT fensive tackle. He got a scholarship U.S. Constitution. In 2005, these rights eventually, because of this, to go to came under attack when the U.S. Su- (Mr. DEFAZIO asked and was given Southern Mississippi. He’s a great ball preme Court ruled in favor of a cor- permission to address the House for 1 player. Coach Courtney worked with poration taking individual homes in minute.) him and others to make sure that he the name of economic development. As Mr. DEFAZIO. Last December, the got an opportunity to advance. a result, people lost their homes to Speaker told us that the Republican It’s a lot like ‘‘The Blind Side,’’ ex- false promises of jobs and tax revenue. signature jobs bill was going to be the cept that it was a story about Coach Now, instead of a booming business, surface transportation reauthorization. Courtney and O.C. Brown of Manassas. there is only a city dump where the Yet, under pressure from the extreme It won an Oscar, and it deserved it. It’s homes once stood. right in his caucus 2 weeks ago, he said about people not giving up and making I agree with Supreme Court Justice in the Republican caucus that this a success of things. In just under half a Clarence Thomas when he wrote in his transportation bill is not a jobs bill. semester, O.C. Brown was able to dissenting opinion: And they wrote for the first time since achieve a 3.0 grade point average and Something has gone seriously awry with the founding of the Dwight D. Eisen- get that scholarship at Southern Mis- this Court’s interpretation of the Constitu- hower National Highway System a sissippi. tion. Though citizens are safe from the gov- purely partisan transportation bill in Manassas High School is filled with ernment in their homes, the homes them- the hope of jamming it through. talented young people. We wish them selves are not safe. Well, it’s all fallen apart now. Yet good luck. That is also why I supported an emi- there are 150,000 bridges falling apart in This hat belonged to Isaac Hayes, a nent domain amendment to the Mis- the Federal system. Forty percent of proud alumnus of Manassas High sissippi Constitution, Mississippi Ini- the pavement on the national system School. tiative 31, which 73 percent of Mis- needs to be restored, and there’s a $70

VerDate Mar 15 2010 04:31 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.003 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 27, 2012 CONGRESSIONAL RECORD — HOUSE H953 billion backlog for critical equipment Record votes on postponed questions from Georgia (Mr. JOHNSON) each will in our transit systems. These could be will be taken after 6:30 p.m. today. control 20 minutes. jobs—Made in America jobs. f The Chair recognizes the gentleman But we need to work together. Trans- from Texas. FEDERAL RESTRICTED BUILDINGS portation is not, never has been, and GENERAL LEAVE should not be a partisan issue. By try- AND GROUNDS IMPROVEMENT Mr. SMITH of Texas. Mr. Speaker, I ing to make it partisan, they’ve stalled ACT OF 2011 ask unanimous consent that all Mem- and failed. It’s time to go back to the Mr. SMITH of Texas. Mr. Speaker, I bers may have 5 legislative days within drawing board and put together a bill move to suspend the rules and concur which to revise and extend their re- that’s good for America. We don’t have in the Senate amendment to the bill marks and include extraneous mate- to have partisan politics on every (H.R. 347) to correct and simplify the rials on the Senate amendment to H.R. issue, and transportation investment drafting of section 1752 (relating to re- 347, currently under consideration. should not be one of those. stricted buildings or grounds) of title The SPEAKER pro tempore. Is there objection to the request of the gen- f 18, United States Code. The Clerk read the title of the bill. tleman from Texas? PAYING TRIBUTE TO DR. The text of the Senate amendment is There was no objection. LAWRENCE NEWMAN as follows: Mr. SMITH of Texas. Mr. Speaker, I (Mr. CALVERT asked and was given Senate amendment: yield myself such time as I may con- permission to address the House for 1 sume. Strike out all after the enacting clause and H.R. 347, the Federal Restricted minute and to revise and extend his re- insert: Buildings and Grounds Improvement marks.) SECTION 1. SHORT TITLE. Act of 2011, introduced by Congressman Mr. CALVERT. Mr. Speaker, I rise This Act may be cited as the ‘‘Federal Re- TOM ROONEY, makes commonsense im- today to pay tribute to Dr. Lawrence stricted Buildings and Grounds Improvement provements to an existing Federal law Newman, a beloved educator, writer, Act of 2011’’. that prohibits unlawful access to the and deaf advocate who passed away on SEC. 2. RESTRICTED BUILDING OR GROUNDS. White House, the Vice President’s resi- July 4, 2011. Section 1752 of title 18, United States Code, is amended to read as follows: dence, and other restricted areas. In 1953, Lawrence joined the faculty Current law prohibits unlawful en- of the California School for the Deaf in ‘‘§ 1752. Restricted building or grounds tries upon any restricted building or Riverside. He distinguished himself as ‘‘(a) Whoever— ground where the President, Vice a talented and devoted teacher, becom- ‘‘(1) knowingly enters or remains in any re- President, or other protectee is tempo- ing the first deaf person to be awarded stricted building or grounds without lawful au- rarily visiting. However, there is no the California Teacher of the Year thority to do so; ‘‘(2) knowingly, and with intent to impede or Federal law that expressly prohibits Award in 1968. unlawful entry to the White House and Lawrence’s contributions extend far disrupt the orderly conduct of Government busi- ness or official functions, engages in disorderly its grounds or the Vice President’s res- beyond the classroom. As two-term or disruptive conduct in, or within such prox- idence and its grounds. The United president of the National Association imity to, any restricted building or grounds States Secret Service must therefore of the Deaf, Lawrence was a tireless when, or so that, such conduct, in fact, impedes rely upon a provision in the District of public advocate for deaf students, rais- or disrupts the orderly conduct of Government Columbia Code, which addresses only ing awareness of their unique needs business or official functions; minor misdemeanor infractions when and fighting for reforms in the law to ‘‘(3) knowingly, and with the intent to impede someone attempts to or successfully support residential schools. He also or disrupt the orderly conduct of Government climbs the White House fence or, fought for change from within the deaf business or official functions, obstructs or im- pedes ingress or egress to or from any restricted worse, breaches the White House, community, encouraging sign language building or grounds; or itself. and total communication. ‘‘(4) knowingly engages in any act of physical H.R. 347 remedies this problem. It Perhaps Lawrence’s most important violence against any person or property in any specifically includes the White House, role, however, was that of father of five restricted building or grounds; the Vice President’s residence, and and husband to Betty, his wife of 61 or attempts or conspires to do so, shall be pun- their respective grounds in the defini- years. He is missed and will always be ished as provided in subsection (b). tion of restricted buildings and remembered for his contributions to ‘‘(b) The punishment for a violation of sub- grounds. The bill also clarifies that the the deaf community. section (a) is— penalties in section 1752 of title 18 ‘‘(1) a fine under this title or imprisonment for f apply to those who knowingly enter or not more than 10 years, or both, if— remain in any restricted building or RECESS ‘‘(A) the person, during and in relation to the grounds without lawful authority to do offense, uses or carries a deadly or dangerous so. Current law does not include this The SPEAKER pro tempore. Pursu- weapon or firearm; or ant to clause 12(a) of rule I, the Chair ‘‘(B) the offense results in significant bodily important element. declares the House in recess until ap- injury as defined by section 2118(e)(3); and The House passed this bill 1 year ago proximately 4 p.m. today. ‘‘(2) a fine under this title or imprisonment for by a vote of 399–3. Earlier this month, Accordingly (at 2 o’clock and 14 min- not more than one year, or both, in any other the Senate passed the bill by unani- utes p.m.), the House stood in recess. case. mous consent. The Senate also clari- ‘‘(c) In this section— fied that the revised law applies to in- f ‘‘(1) the term ‘restricted buildings or grounds’ dividuals the Secret Service is required b 1600 means any posted, cordoned off, or otherwise re- to protect by statute or by Presidential stricted area— AFTER RECESS memorandum. ‘‘(A) of the White House or its grounds, or the H.R. 347 ensures that the President, The recess having expired, the House Vice President’s official residence or its grounds; the First Family, the Vice President, was called to order by the Speaker pro ‘‘(B) of a building or grounds where the Presi- and others are protected whether they tempore (Mr. POE of Texas) at 4 p.m. dent or other person protected by the Secret Service is or will be temporarily visiting; or are in the White House or attending an f ‘‘(C) of a building or grounds so restricted in event in a convention center or meet- ANNOUNCEMENT BY THE SPEAKER conjunction with an event designated as a spe- ing hall. PRO TEMPORE cial event of national significance; and I commend my colleague from Flor- ‘‘(2) the term ‘other person protected by the ida (Mr. ROONEY) for sponsoring this The SPEAKER pro tempore. Pursu- Secret Service’ means any person whom the legislation, which enjoys overwhelming ant to clause 8 of rule XX, the Chair United States Secret Service is authorized to bipartisan and bicameral support. will postpone further proceedings protect under section 3056 of this title or by I urge my colleagues to support this today on motions to suspend the rules Presidential memorandum, when such person bill, and I reserve the balance of my on which a recorded vote or the yeas has not declined such protection.’’. time. and nays are ordered, or on which the The SPEAKER pro tempore. Pursu- Mr. JOHNSON of Georgia. Mr. Speak- vote incurs objection under clause 6 of ant to the rule, the gentleman from er, I yield myself such time as I may rule XX. Texas (Mr. SMITH) and the gentleman consume.

VerDate Mar 15 2010 04:31 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.005 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H954 CONGRESSIONAL RECORD — HOUSE February 27, 2012 I support H.R. 347, as amended by the Secret Service are vital to assessing se- the bill (H.R. 2117) to prohibit the De- Senate, which will assist the Secret curity threats and providing a secure partment of Education from over- Service in performing its protective environment for our Nation’s leaders. reaching into academic affairs and pro- duties. One key aspect of the Service’s mis- gram eligibility under title IV of the The bill before us today will help the sion is to secure buildings and grounds Higher Education Act of 1965, which Secret Service carry out its role in pro- where our leaders work and live, in- was referred to the House Calendar and tecting the President, Vice President, cluding the White House and the Naval ordered to be printed. and other dignitaries. Current Federal Observatory. My bill would explicitly f law prohibits individuals from entering protect these residences of the Presi- or remaining in areas cordoned off as dent and the Vice President from in- FEDERAL RESTRICTED BUILDINGS ‘‘restricted’’ because of protection truders and would clarify current law AND GROUNDS IMPROVEMENT being provided by the Secret Service. to distinguish between those who are ACT OF 2011 This bill would simply clarify that able to enter the grounds lawfully, like The SPEAKER pro tempore. Pursu- the prohibition under the existing stat- the Secret Service, and those who ant to clause 8 of rule XX, the unfin- ute only applies to those who do not enter without permission. ished business is the vote on the mo- have lawful authority to be in those This bipartisan bill would improve tion to suspend the rules and concur in areas. The bill would also add the existing criminal law to ensure that the Senate amendment to the bill (H.R. White House and Vice President’s resi- the Secret Service can continue to im- 347) to correct and simplify the draft- dence to the definition of restricted plement strategies that prevent poten- ing of section 1752 (relating to re- areas protected under current law. tially catastrophic security breaches. I stricted buildings or grounds) of title The Senate made minor changes to urge my colleagues to join me in sup- 18, United States Code, on which the the bill, including expanding the bill’s porting this commonsense, bipartisan yeas and nays were ordered. protections to areas in which the Se- piece of legislation to protect our Na- The Clerk read the title of the bill. cret Service is protecting a person by tion’s leaders and national security. The SPEAKER pro tempore. The the direction of a Presidential memo- I thank Mr. SMITH from Texas for his question is on the motion offered by randum. leadership on this issue, the Judiciary I support this amendment. This bill the gentleman from Texas (Mr. SMITH) Committee, and Mr. JOHNSON of Geor- will assist the Secret Service, which that the House suspend the rules and gia. did not have this protective function concur in the Senate amendment. Mr. JOHNSON of Georgia. Mr. Speak- when it was created. The vote was taken by electronic de- er, I yield back the balance of my time. vice, and there were—yeas 388, nays 3, b 1610 Mr. SMITH of Texas. Mr. Speaker, I not voting 42, as follows: yield back the balance of my time. The role of the Secret Service has ex- [Roll No. 73] panded greatly since it was established The SPEAKER pro tempore. The YEAS—388 in 1865 to fight the counterfeiting of question is on the motion offered by U.S. currency. the gentleman from Texas (Mr. SMITH) Ackerman Carter Fincher Adams Cassidy Fitzpatrick The Service became part of the that the House suspend the rules and Aderholt Castor (FL) Flake Treasury Department in 1883 and took concur in the Senate amendment to Alexander Chabot Fleischmann on many additional investigative re- the bill, H.R. 347. Altmire Chaffetz Fleming The question was taken. Andrews Chandler Flores sponsibilities with respect to safe- Austria Chu Forbes guarding the payment and financial The SPEAKER pro tempore. In the Baca Cicilline Fortenberry systems of the United States. It wasn’t opinion of the Chair, two-thirds being Bachmann Clarke (MI) Foxx until 1894 that the Secret Service first in the affirmative, the ayes have it. Bachus Clyburn Frank (MA) Baldwin Coble Frelinghuysen started protecting our Presidents; and Mr. SMITH of Texas. Mr. Speaker, on Barletta Coffman (CO) Fudge that protective role with respect to the that I demand the yeas and nays. Barrow Cohen Gallegly President, Vice President, and other The yeas and nays were ordered. Bartlett Cole Garamendi The SPEAKER pro tempore. Pursu- Barton (TX) Conaway Gardner dignitaries has grown substantially Bass (CA) Connolly (VA) Garrett since that time. ant to clause 8 of rule XX, further pro- Bass (NH) Conyers Gerlach The men and women of the Secret ceedings on this question will be post- Becerra Cooper Gibbs Service conduct themselves with valor poned. Benishek Costa Gibson Berg Costello Gingrey (GA) and professionalism while carrying out f Berkley Courtney Gohmert the protective function of their agency. Berman Cravaack Gonzalez They provide protection for a variety RECESS Biggert Crawford Goodlatte of people and events, including the The SPEAKER pro tempore. Pursu- Bilirakis Crenshaw Gosar Bishop (GA) Critz Gowdy President and national special security ant to clause 12(a) of rule I, the Chair Bishop (NY) Crowley Granger events. declares the House in recess until ap- Bishop (UT) Cuellar Graves (GA) The Secret Service has other impor- proximately 6:30 p.m. today. Black Cummings Graves (MO) tant functions which also deserve rec- Blackburn Davis (CA) Green, Al Accordingly (at 4 o’clock and 14 min- Blumenauer Davis (IL) Green, Gene ognition. For example, the investiga- utes p.m.), the House stood in recess. Bonamici Davis (KY) Griffin (AR) tive role of the Secret Service has ex- f Bonner DeFazio Griffith (VA) panded greatly from protecting the Bono Mack DeGette Grimm b 1830 Boren DeLauro Guinta currency against counterfeiting to in- Boswell Denham Guthrie vestigating a variety of crimes related AFTER RECESS Boustany Dent Hahn to this country’s financial institutions Brady (PA) DesJarlais Hall and credit systems. The recess having expired, the House Brady (TX) Deutch Hanabusa was called to order by the Speaker pro Braley (IA) Diaz-Balart Hanna I commend the gentleman from Flor- Brooks Dicks Harper tempore (Mr. DENHAM) at 6 o’clock and ida, Representative TOM ROONEY, for Buchanan Doggett Harris his work on this bill, and I urge my 30 minutes p.m. Bucshon Dold Hartzler colleagues to support H.R. 347. f Buerkle Donnelly (IN) Hastings (FL) Burgess Doyle Hastings (WA) I reserve the balance of my time. Burton (IN) Dreier Hayworth Mr. SMITH of Texas. Mr. Speaker, I REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION OF Butterfield Duffy Heck yield as much time as he may consume Calvert Duncan (SC) Heinrich to the gentleman from Florida (Mr. H.R. 2117, PROTECTING ACADEMIC Camp Duncan (TN) Hensarling FREEDOM IN HIGHER EDUCATION Canseco Edwards Herger ROONEY), who is a sponsor of this legis- ACT Cantor Ellmers Herrera Beutler lation and also a member of the Armed Capito Emerson Higgins Services and a former member of the Ms. FOXX, from the Committee on Capps Engel Himes Rules, submitted a privileged report Capuano Eshoo Hinchey Judiciary Committee. Cardoza Farenthold Hinojosa Mr. ROONEY. Mr. Speaker, the pro- (Rept. No. 112–404) on the resolution (H. Carney Farr Hochul tections provided by the United States Res. 563) providing for consideration of Carson (IN) Fattah Holden

VerDate Mar 15 2010 02:08 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.007 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 27, 2012 CONGRESSIONAL RECORD — HOUSE H955 Holt Meeks Ryan (WI) b 1854 She was a very fine person. During Honda Mica Sa´ nchez, Linda her time in the Congress, she spon- Hoyer Michaud T. Messrs. BARLETTA and JONES Huelskamp Miller (FL) Sanchez, Loretta changed their vote from ‘‘nay’’ to sored, along with others, but she was Huizenga (MI) Miller (MI) Sarbanes ‘‘yea.’’ one of the key sponsors, in 1983, of a Hultgren Miller (NC) Scalise So (two-thirds being in the affirma- national holiday in remembrance of Dr. Hunter Miller, Gary Schakowsky Martin Luther King. She was credited Hurt Miller, George Schiff tive) the rules were suspended and the Israel Moore Schilling Senate amendment was concurred in. for playing a very key role in getting Issa Moran Schmidt The result of the vote was announced that bill passed after it had stalled in Jackson Lee Mulvaney Schock as above recorded. the House for over 14 years. (TX) Murphy (CT) Schrader Let me just say that she was a great Jenkins Murphy (PA) Schwartz A motion to reconsider was laid on the table. lady and a great Congresswoman, and Johnson (GA) Myrick Schweikert she will missed. We want to extend our Johnson (OH) Nadler Scott (SC) Stated for: Johnson, E. B. Napolitano Scott (VA) Mr. PASCRELL. Mr. Speaker, on February deepest sympathy to her family and Johnson, Sam Neal Scott, Austin 27, 2012, I missed the one rollcall vote of the her friends. Jones Neugebauer Scott, David With that, I will be happy to yield to day. Jordan Noem Sensenbrenner my colleague, the senior Member from Keating Nugent Serrano Had I been present I would have voted Gary, Indiana. Kelly Nunes Sessions ‘‘yea’’ on rollcall vote No. 73, on the Motion to Mr. VISCLOSKY. I would express my Kildee Nunnelee Sewell Concur in the Senate Amendment to H.R. Kind Olson Sherman appreciation to the dean of our delega- 347—Federal Restricted Buildings and King (IA) Olver Shimkus tion, Mr. BURTON, for asking for a mo- Grounds Improvement Act of 2011. King (NY) Owens Shuster ment of silence and the Speaker’s in- Kinzinger (IL) Palazzo Simpson Mr. FILNER. Mr. Speaker, on rollcall 73, I dulgence. Kissell Pallone Sires was away from the Capitol due to prior com- Mr. BURTON rightfully pointed out Kline Pastor (AZ) Slaughter mitments to my constituents. Had I been Labrador Paulsen Smith (NE) Mrs. Hall’s ascendancy into the Con- Lamborn Pearce Smith (NJ) present, I would have voted ‘‘yea.’’ gress and the sponsorship of the legis- Lance Pelosi Smith (TX) PERSONAL EXPLANATION lation that led to Dr. King’s birthday Lankford Pence Southerland Mr. JOHNSON of Illinois. Mr. Speaker, on Larsen (WA) Perlmutter Stearns being declared a national holiday. But Larson (CT) Peters Stivers Monday, February 27, 2012 I had a previously I would also point out to my colleagues Latham Peterson Stutzman scheduled meeting with constituents in Ur- that Mrs. Hall also served in the Indi- LaTourette Petri Sullivan bana, Illinois. As a result, I am unable to at- ana House as well as the Indiana Sen- Latta Pingree (ME) Sutton tend votes. Had I been present, I would have ate, and following her service in the Levin Pitts Terry voted ‘‘aye’’ on the Senate Amendments to Lewis (CA) Poe (TX) Thompson (CA) United States Congress also served as Lewis (GA) Polis Thompson (MS) H.R. 347, the Federal Restricted Buildings and clerk for the City of Gary for 15 years, Lipinski Pompeo Thompson (PA) Grounds Improvement Act of 2011. from 1988 to 2003. LoBiondo Posey Tiberi f She does leave a granddaughter, two Loebsack Price (GA) Tipton daughters, and a husband. My sym- Lofgren, Zoe Price (NC) Tonko REMEMBERING FORMER U.S. Long Quayle Tsongas REPRESENTATIVE KATIE HALL pathies, and all of ours, go out to the Lowey Quigley Turner (NY) family, as well. Lucas Rahall Turner (OH) (Mr. BURTON of Indiana asked and I also think that Mrs. Hall probably Luetkemeyer Reed Upton was given permission to address the would want to be most remembered for Luja´ n Rehberg Van Hollen House for 1 minute.) Lummis Reichert Vela´ zquez her role as an educator who taught Lungren, Daniel Renacci Visclosky Mr. BURTON of Indiana. Mr. Speak- young people in the Gary public school E. Reyes Walberg er, I would like to ask for a moment of system. She certainly always served Lynch Ribble Walden silence. We just lost a former Member her family, she always served those she Mack Richardson Walsh (IL) of Congress, Katie Hall, from Gary, In- taught and represented, and she cer- Maloney Richmond Walz (MN) diana. After that, Mr. Speaker, if you Manzullo Rigell Wasserman tainly has served her country. Markey Rivera Schultz would be so kind, we would like to have Again, our sympathies go to the fam- Matheson Roby Waters a moment or two to make some com- ily, and I deeply appreciate the respect Matsui Roe (TN) Watt ments about Ms. Hall. shown by the gentleman from Indiana. McCarthy (CA) Rogers (AL) Waxman The SPEAKER pro tempore (Mr. Mr. Speaker, it is with deep sadness and McCarthy (NY) Rogers (KY) Webster PALAZZO). The gentleman from Indiana McCaul Rogers (MI) Welch great respect that I take this time to remember McClintock Rohrabacher West will please suspend. The House will be one of northwest Indiana’s most valued citi- McCollum Rokita Westmoreland in order. zens and my predecessor, former Congress- McCotter Rooney Whitfield The gentleman from Indiana is recog- woman, Katie Beatrice Hall. Throughout her McDermott Ros-Lehtinen Wilson (FL) nized. McGovern Roskam Wilson (SC) prestigious career, Katie’s contributions to the McHenry Ross (AR) Wittman Mr. BURTON of Indiana. Thank you, people of northwest Indiana and across the McIntyre Ross (FL) Wolf Mr. Speaker. Nation are exemplary, and she is worthy of McKeon Rothman (NJ) Womack Let me just start off real quickly, be- the highest praise. Mrs. Hall passed away on McKinley Roybal-Allard Woodall fore I yield to my colleague from Gary, Monday, February 20, 2012, but her legacy McMorris Royce Yarmuth Indiana, and say that Katie Hall, who Rodgers Runyan Yoder will live on forever in the hearts and minds of McNerney Ruppersberger Young (FL) was a Member of this body, died just those she served. Meehan Ryan (OH) Young (IN) this last few days from an unknown ill- Congresswoman Hall grew up in Mound ness. She was 73 years old. Bayou, Mississippi, during the pre-civil rights NAYS—3 She came from very humble begin- era. Segregation laws were strict in the South Amash Broun (GA) Ellison nings in Mound Bayou, Mississippi. She during that time, and she learned early in life grew up on her grandfather’s cotton how to succeed despite great opposition. In NOT VOTING—42 farm, and she was a teacher for more 1960, Katie earned a bachelor’s degree from Akin Gutierrez Paul than 30 years. She was a very fine Mississippi Valley State University. Later, she Amodei Hirono Payne Bilbray Inslee Platts teacher. moved to Indiana and continued her edu- Brown (FL) Jackson (IL) Rangel She moved, in 1962, to Gary, Indiana, cation, earning a master’s degree from Indiana Campbell Johnson (IL) Rush where she became a very good friend of University, Bloomington, in 1968. Carnahan Kaptur Shuler Richard Hatcher, the mayor. When a The Congresswoman’s involvement in poli- Clarke (NY) Kingston Smith (WA) Clay Kucinich Speier good friend of mine, Adam Benjamin, tics began when she campaigned for former Cleaver Landry Stark who was once a Member of this body, Mayor of Gary Richard Hatcher. Her work on Culberson Langevin Thornberry died, Mayor Hatcher appointed her as the campaign further fueled her desire to Dingell Lee (CA) Tierney the nominee of the Democrat Party to Filner Marchant Towns serve others and inspired her to run for elect- Franks (AZ) Marino Woolsey succeed him. She also served in the In- ed office. Prior to becoming a Member of Con- Grijalva Pascrell Young (AK) diana Senate. I served with her there. gress, she served in the Indiana House of

VerDate Mar 15 2010 02:21 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\A27FE7.005 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H956 CONGRESSIONAL RECORD — HOUSE February 27, 2012 Representatives from 1974 to 1976 and was So my deepest sympathies go out to a second goal late in the third period. then elected to the Indiana Senate, serving her family and friends who are mourn- And then finally, there was a third goal from 1976 to 1982. As a member of the Indi- ing her passing. And we know that In- by junior Laura Bowman, who scored ana General Assembly, Mrs. Hall was influen- diana politics will not be the same. the final goal. Of course this victory tial in establishing the Genesis Center, Hud- I thank my colleague for acknowl- could not have happened were it not for son-Campbell Fitness Center, and the Adam edging me. the outstanding goaltending of goalie Benjamin Metro Center, in Gary. Katie also Mr. BURTON of Indiana. Mr. Speak- Sydney Rossman, who blocked 23 shots served as the Chair for the Lake County er, Katie Hall will be missed. And once in the shutout. Democratic Committee from 1978 to 1980 and again, our sympathy goes out to her Mr. Speaker, I just want to congratu- for the Indiana Democratic Convention in family and all of her loved ones. late all the girls on the Minnetonka 1980. In 1982, following the untimely passing f Skippers hockey team, as well as their of United States Congressman Adam Ben- coaches. I also want to thank them and HONORING SERGEANT T.J. recognize their hard work, their train- jamin, Jr., Katie won the special election to CONRAD complete his term in office and to represent ing, their perseverance, and their com- the First Congressional District of Indiana in (Mr. GRIFFITH of Virginia asked and mitment because it really paid off. the 98th Congress, becoming the first African was given permission to address the We’re proud of these student athletes, American from Indiana elected to serve in the House for 1 minute.) and so is our entire community. United States House of Representatives. Mr. GRIFFITH of Virginia. Mr. f Speaker, on Thursday, February 23, While in office, Katie served as chairwoman of GET OUR TROOPS OUT OF Virginia and our Nation lost a true the Post Office and Civil Services Sub- AFGHANISTAN committee on Census and Population. During hero. Sergeant T.J. Conrad was killed (Ms. JACKSON LEE of Texas asked her time in Congress, Representative Hall in action in the Nangarhar Province of and was given permission to address made a truly historic contribution through her Afghanistan in the rioting there. Sergeant Conrad, just 22 years old, the House for 1 minute.) sponsorship of the bill that made Reverend Dr. Ms. JACKSON LEE of Texas. Mr. Martin Luther King, Jr.’s birthday a national was a husband, a father, a son, and a brother. Outgoing, determined, and a Speaker, I serve on the Homeland Se- holiday. This bill had been stalled in the curity Committee and have the privi- House for fourteen years, and through her man of true grit, Sergeant Conrad truly personified the Army’s old slo- lege of serving on the committee deal- passion and persistence, Katie was successful ing with foreign affairs here in the in establishing this recognition of Dr. King. gan, ‘‘Be All You Can Be.’’ Born in Newport News and raised in House. Mrs. Hall was a trailblazer for the Civil Rights I rise today to, as usual, offer our Roanoke County, Sergeant Conrad Movement and a devoted public servant to her deepest sympathy for all of our soldiers grew up attending Masons Cove Ele- community, state, and Nation. In the years fol- that have fallen in battle. But I am mentary School, Northside Middle lowing her term, Katie continued her life of particularly outraged at the incidents School, and Northside High School. In public service as city clerk for Gary, Indiana that are occurring around the unfortu- high school, he was an outstanding from 1988 to 2003. nate burning of the Koran—for which wrestler. In his senior year, he helped Katie Hall leaves behind a loving family. our President appropriately extended She is survived by her cherished husband, lead his team to the Blue Ridge Dis- his apology, as we would want if some- John Henry Hall, as well as her adoring trict titles for both the regular season one had burned Bibles. But it is out- daughters, Jacqueline and Junifer, and her be- and the tournament. rageous for our soldiers to be in harm’s loved granddaughter, Kristina. She also leaves Today, I wish to extend my prayers way, for them to lose their life. It is behind many other dear friends and family and our prayers and condolences to time now for the Afghan national secu- members, as well as a saddened community Sergeant Conrad’s wife, Holly; his in- rity forces to stand up and be security and a grateful nation. fant son, Bentley; his parents, his rel- forces. It’s time for President Karzai to Mr. Speaker, I respectfully ask that you and atives, and his friends. His father has indicate that he will not be driven out my other distinguished colleagues join me in stated that he will always be remem- by the Taliban. And it’s time for us not remembering the Honorable Katie Hall for her bered for his great sense of humor, his to allow the Taliban again to grip tremendous contributions to the people of her infectious smile, his kind heart, and ahold of the Afghan people. community, the State of Indiana, and the his desire to brighten anyone’s day. This is a tragic and horrible situa- United States of America. Her life of public On behalf of a grateful Nation, we tion. None of us would have wanted it service is to be admired. Her legacy will serve grieve the loss of our warrior brother, to occur. But we cannot stand for our as an inspiration to us all. but we honor Sergeant Conrad for his soldiers to be in the eye of the storm Mr. BURTON of Indiana. I thank the courage, his sacrifice, and his selfless and be shot for something that they gentleman for his remarks, and I would commitment to duty, honor, and coun- did not do, intentionally or individ- be very happy to yield to my colleague try. He gave his all in service for the ually. from Indianapolis. sake of our safety, our freedom, and So I would ask that our soldiers be Mr. CARSON of Indiana. Mr. Speak- our liberty. taken out of harm’s way around any er, I would like to take a moment to f Afghan national security forces that we cannot vet and ensure that they are join my colleagues to honor the life of MINNETONKA 2A GIRLS HOCKEY intending to do the right thing. We former Congresswoman Katie Hall who TITLE passed last week at the age of 73. I met need to hear from President Karzai in a her as a young man. In fact, I had a (Mr. PAULSEN asked and was given way that denounces this horrible ac- chance to spend some time with her in permission to address the House for 1 tion. And we must stand up to the the early eighties in San Francisco minute and to revise and extend his re- Taliban and have a transition out of during the Democratic National Con- marks.) Afghanistan in which the Afghan na- vention. Mr. PAULSEN. Mr. Speaker, I rise tional security forces are protecting today to congratulate the Minnetonka their people, and they’re allowed, in es- b 1900 girls high school hockey team on win- sence, to have a nation that protects But she quickly made a name for her- ning their second consecutive Min- women and children and families, and self, to my colleague’s point, not only nesota 2A State title this weekend at has the adherence to the law that re- as a strong advocate and leader in the the Xcel Energy Center in St. Paul. quires human decency. State of Indiana, but as an educator. Mr. Speaker, after winning last f She knew that America’s children were year’s championship in a nail-biting suffering, and she supported alter- game, the Minnetonka Skippers this HOUSE REPUBLICANS ON JOB native education, Mr. Speaker. She un- year defeated the Roseville Raiders 3–0. CREATION derstood that children had different The first goal came early in the first The SPEAKER pro tempore. Under needs, and she made sure that she was period by defender Holly Korn, who the Speaker’s announced policy of Jan- an advocate of different educational scored on a power play. After that, for- uary 5, 2011, the gentleman from Ar- models to meet those needs. ward Diana Drayaard followed up with kansas (Mr. GRIFFIN) is recognized for

VerDate Mar 15 2010 02:21 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.004 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 27, 2012 CONGRESSIONAL RECORD — HOUSE H957 60 minutes as the designee of the ma- Government live within our means. we have our hands tied behind our jority leader. Those four things, if we can address backs. Ladies and gentlemen, I’ve got Mr. GRIFFIN of Arkansas. Mr. them in bold ways, we can change the to tell you something. We need to have Speaker, I came here to the floor to- course of this country’s fiscal situation reasonable regulations, but we’ve got night to talk with some of my col- and the economy and ultimately grow to untie our hands and be ready to use leagues and the American people about this economy and create jobs. our coal. The Chinese are now buying what I believe is the most pressing I’m going to turn now and yield to our coal to use our coal to make the issue facing our country. the gentleman from Virginia if he’d products, the goods that we used to A lot of us have been home working like to comment on some of this. make in this country. in our districts over the last week, see- Mr. GRIFFITH of Virginia. Thank Guess what, a lot of times folks say ing our constituents, speaking at local you, Congressman GRIFFIN, I do. I we don’t want to use coal because it Rotary clubs, visiting with constitu- agreed with what you had to say and has pollution and it creates problems; ents in the office and around the dis- wholeheartedly support your concepts but a NASA study has shown us that if trict. It is clear to me that the top pri- and where we need to be moving this we have the Chinese using our coal to ority for the American people over the country. make the products we used to make, last year remains the same, and that is Let me say to each and every one of they get the money for those products, jobs. People back home are encouraged you that the American worker is sec- their people have the jobs. And guess and are optimistic about the future, ond to none in this world. When you what happens to the pollutants in the but they need some signs that jobs are look at our workers, they are the most air? It takes roughly 10 days to get increasing here in the United States. innovative workers in the world, and from the middle of the Gobi Desert to Jobs remain the number one issue. they are the hardest workers in the the eastern shore of my beloved Vir- Since I got here a little over a year world. Statistics, different reports con- ginia. Just 10 days. We know that a sig- ago with some of my freshman col- tinue to show us this point. nificant portion of the mercury in our leagues, a lot of us have made jobs our We will never compete with the Chi- air is coming from foreign sources. Not sole focus. There are a lot of different nese and other countries on wages; nor our plants, but foreign sources. things that we can do to encourage job do we want to. But our advantage, Con- Mr. GRIFFIN of Arkansas. I would creation. My focus has been on the pri- gressman GRIFFIN, is that we have the like to comment on something the gen- vate sector. Private sector job cre- ability to use our energy resources in a tleman just said. I think it is a great ation, in my view, is the way that we way that we can create jobs, and we point. get our economy going again, not can fight for American jobs by having A lot of times some of us think about through government stimulus. We’ve affordable energy. That’s our trump this country and pollution here. I tried that to the tune of about $1 tril- card. For some reason, those in the ad- think what I hear you saying—it is a lion—almost $1 trillion—and it has not ministration want to tie our hands be- very good point—is that this is one done what the President promised. hind our backs and not allow our busi- world and we in this country through nesses to use our trump card to keep b 1910 the processes and the regulatory struc- jobs in the United States and bring ture that we have, we burn coal cleaner It seems to me the best approach is jobs back, and that is that we have and we are a better steward of the to create an environment here in this great energy resources in this country. Earth when it comes to using some of country where the private sector can The President was recently in Flor- these traditional energy sources. What flourish, where people want to take ida, and he mockingly described the I hear you saying is—and I think it risks, where they want to invest and Republican plan on energy and getting makes a lot of sense—if you believe compete with other countries. How do gas prices down. He said step one is that coal will not be used if we do not we do that? There are a variety of ways drill, step two is drill, step three is use it here, then that’s not exactly ac- and that’s why we’re here tonight, to drill. The President is just wrong. We curate. Somebody is going to burn it. talk about some of these. have a true all-of-the-above policy. I The question is: Do we do a better job I’m joined by some of my colleagues, like to describe it this way: it is drill. with some of these traditional energy and I think that they would agree that That’s step one. Step two, dig. Step sources? Do we do a better job than one of the ways that we can encourage three, discover. Step four, deregulate. other countries that will burn it if we the private sector to grow and create Let me explain a little bit. Drill is don’t? The Chinese can burn the same jobs is through fundamental tax re- easy. We have vast untapped resources coal, yet regulate it in a way where form. Another way is regulatory re- in oil, and we have huge resources in they do a lot more damage to the envi- form. Job creators around my district natural gas. If we’re allowed to drill for ronment. tell me what a lot of us know and that natural gas and for oil, we can turn That brings me actually to the Key- is that not regulation but overregula- around a lot of the things that are hap- stone pipeline. The President first de- tion, not regulation but excessive regu- pening in this country. layed it, then he denied it so that the lation, is a tax on businesses and it is Let’s talk about gas prices because extreme environmentalists would be a tax on job creators. So we need tax that affects jobs. Listen, some of this happy with him. If you apply what you reform and we need regulatory reform. has to do with looking at the world are talking about, it seems to me we We need to further pursue our energy market. If we signaled immediately would rather be refining the oil sands resources here in the United States. We that we were ready to start using our from Canada in this country instead of need to construct, for example, the resources, the prices would come down the alternative that Canada has talked Keystone XL pipeline that the Presi- because those people who are specu- about, which is shipping it to China for dent first delayed and then denied. lating that oil is not going to be avail- refining. Why? Because we refine clean- Thirdly, we need to further explore our able in the future and the not-so-dis- er, we refine safer, and we do a better energy resources. Fourthly, we need to tant future, but also even 2 or 3 years job. live within our means as a government. from now, would realize that the giant That means dealing with our spending in the world of energy was finally b 1920 problem, our spending addiction, our awaked from its slumber and ready to Those oil sands are going to be re- debt, our trillion-plus-dollar deficit. go on the march for jobs. So I think it fined. The issue is not if we don’t refine If you were to ask me what is your is important that we look at drilling. I them, no one will. The fact is they will plan, what would you do, what are you don’t think we should be mocking it. be refined. The issue is do we refine trying to do, what have you been fight- Dig. Obviously we have a lot of coal them or do the Chinese refine them? I ing for over a year to try to encourage resources in this country. My district think what you’re saying, and I whole- the private sector to grow jobs in this has a lot of coal. It also has natural heartedly agree, we do a better job country with, I would say tax reform, gas. We are number one in the world in here. regulatory reform, increased energy ex- coal resources. Everybody else in the Mr. GRIFFITH of Virginia. Abso- ploration and development here in the world is using the coal. We are the ones lutely. I would have to say we do a United States, and making the Federal who refuse to use it. As I said before, much better job here.

VerDate Mar 15 2010 02:21 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.015 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H958 CONGRESSIONAL RECORD — HOUSE February 27, 2012 It’s almost like I can remember when To be looking at something, I think they’ve recently been in the news be- I was much younger, liberals always it’s absolutely right. That’s the ‘‘dis- cause there has been a lot of uncer- said to conservatives, Well, you all act cover’’ part of those four Ds. We need tainty about their future as a result of like the United States is the only coun- to encourage discovery. But one of the the President killing the Keystone try in the world, and we have to look ways to encourage discovery is to de- pipeline, or denying the permit. The at the whole world. Now the liberals regulate and let people make a product happy news that I have to report is are looking at it and saying, Well, the without having all kinds of regulations that Welspun is doing some diversi- United States is the only country in put on top of them. fying. They did have to lay some people the world. We have to only look at the It’s interesting how folks want to do off after the Keystone pipeline was de- United States and we don’t look at the all of these things, and then they come layed, but they’re doing some diversi- big picture. up with regulations and they find out fying so they can make some other I think, inadvertently, even with that the new start-up companies often- sorts of pipe, and they’re actually good intentions, there are, in fact, times have difficulty creating the new going to expand. I believe we will ulti- greater pollution risks by us not using alternative energies because they run mately win the battle on the Keystone our energy than there are with us using into other regulations that prohibit pipeline; and once we get the Keystone our energy with the reasonable regula- them from going forward. pipeline in full swing, the construction tions that have been in place for some So I think we need to make sure that in full swing, then that will further time. we look at drill, dig, discovery, looking help Welspun. That being said, let’s take a look at at those alternatives, finding more So I’m for all-of-the-above, but I how that impacts on jobs. Not only do ways that we can be efficient and find- know that in my lifetime we are still we get the pollution, but we don’t get ing new alternative energies. Then let’s going to be using a lot of these tradi- the jobs. We don’t get the money. not regulate our industries out of ex- tional energy sources. It’s not an ei- You talked about living within our istence, which is where we’re headed at ther/or. We can continue to pursue means and so forth. Let’s take a look this point. When you do that, we con- wind and continue to pursue solar and at my district. tinue to lose jobs, we continue to have continue to pursue biodiesel and alter- AEP, American Electric Power, is a flat economy. nate energies, renewable energy the biggest power provider in my dis- The unemployment situation has sources, but at the same time pursue trict. There are others. They have esti- gotten better, but we’re still in the the traditional sources, particularly, mated, with new regulations, energy neighborhood of 8 percent. I don’t natural gas. costs are going to go up 10 to 15 percent think that’s anything to celebrate. I’m Natural gas is abundant and, best of as they spend an additional $6 billion glad it’s better, but I don’t think it’s all, it’s American—and, in my case, it’s to $8 billion. Ten to 15 percent on hard- something that you go out and go, woo Arkansan. We’ve got a lot of natural working American families is tough, hoo, we’ve solved our problems. I be- gas in my district and other districts but when you look at the job compo- lieve that we have not solved our prob- in Arkansas. It is abundant and it is nent, when you look at that job compo- lems at this point. We’re working on it, cheap. Where ethanol can increase the nent, that means it’s going to cost and that’s good. wear on a traditional car engine, nat- more in my district to make potato The economy in this country, be- ural gas can extend the life of that en- chips. It’s going to cost more in my cause of our hardworking Americans, gine. district to work the family farm. It’s because they’re innovative and because I want to turn the conversation over going to cost more in my district to they work harder than anybody else, is to my friend from the Third District of make furniture. It’s going to cost more not going to just roll over and die, but Arkansas, Congressman STEVE in my district to make paper products, at the same time it could be doing so WOMACK. He’s got a lot of natural gas whiteboard. I just touched on the sur- much better, and we need to maintain in his district as well. face. that we are the number one economic Before I do, I just want to recap. We have jobs as our main goal. And Every single retail establishment, power in the world. The way to do that there are pillars under that goal of every single business has to use elec- is to keep our jobs by keeping our en- jobs, and those pillars are: tax reform, tricity; but when you raise the cost of ergy and our energy sources and our regulatory reform, further energy ex- manufacturing goods or using elec- energy costs at a reasonable level so ploration, and getting our spending tricity to manufacture goods by 10 to that we can, in fact, compete with the under control so that we deal with our 15 percent over the course of the next low-wage countries of the world. We debt and we live within our means. few years, you’re making us less com- don’t want the low wages, but to do so, petitive in the world, and we lose more Those are four pillars. They’re not sep- to make sure that we can still com- arate from job creation. They are a jobs and we have more people who are pete, we have to keep our energy af- critical part of encouraging private unemployed and more people who fordable. sector job creation and giving cer- aren’t able to go out and buy products, Mr. GRIFFIN of Arkansas. I want to tainty to job creators. which then means more people lose comment a little bit on the all-of-the- Now I’d like to yield to my friend their jobs because they’re not selling above strategy that you were talking from Arkansas. those Fords down at the Ford place. about. Mr. WOMACK. I thank the gen- They’re not selling washing machines I’m an advocate for an all-of-the- tleman, and I do appreciate his leader- and TVs and all of the products that above strategy. We’ve heard the Presi- ship in this discussion about job cre- are out there. We lose even more jobs dent mention that, but we here in the ation in America. because of the failure to recognize that House have been advocating for that. I I’ve said many, many times that if the regulations are killing our jobs, have since I got here. That includes al- there is an elixer out there to fix the and our jobs are going elsewhere. ternate energy sources, renewable en- problems, the challenges facing our I have to say, getting back to what I ergy sources, biodiesel, wind, solar. I’m country today, it’s job creation. call the four Ds—drill, dig, discover, for those things. But I’m also for the What the gentleman from Arkansas and deregulate—I’m not saying we traditional energy sources and, in addi- has been articulating in the last sev- don’t look at all of the above. The tion, nuclear. We have a clean, safe nu- eral minutes has been a very good dis- President was in Florida. He said we clear energy plant, power plant in Ar- cussion about the four things, and I only wanted to drill, drill, drill, and he kansas that we count on to provide couldn’t agree more, the four things was talking about algae. I’m not one of safe, affordable energy. We also have that are part and parcel to our country those people who’s going to criticize coal plants, other sorts of energy creating jobs and putting itself on a the President for looking at algae. I sources. different fiscal path. think algae actually has a positive fu- In my district, we make the windmill He’s talked about overregulation. I’ll ture, but it’s a positive future that is blades that go on these massive wind- come back to that in a moment. He’s probably 15 to 50 years away. We need mills. We also have Welspun Tubular in talked about the threat of higher taxes energy now. We need affordable energy my district, in the Second Congres- and the need for comprehensive tax re- now. We need jobs now. sional District of Arkansas, and form in our Nation; he’s talked about

VerDate Mar 15 2010 02:21 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.017 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 27, 2012 CONGRESSIONAL RECORD — HOUSE H959 the need for a solid energy policy that gress—of this Federal Government, I Tyson and J.B. Hunt—and I could go allows our country to access its own should say—to protect a 3-inch fish, we down another list of people who have resources, American energy resources turned our backs on American workers. provided jobs and who have created and to solve America’s energy challenges; In so doing, we affected millions of peo- expanded businesses and who have and, of course, he’s talked about the ple nationwide because, when you af- made a meaningful impact on the deficits and the debt. fect the fertile farmlands of California greater mid-South and the entire Na- tion—northwest Arkansas would be b 1930 the way we have by diverting this water, you have, indeed, taken a step kind of an average area with no great Now, if you look at the plight that toward increasing the price of food. infrastructure, until recently there, we’re in today insofar as job creation— The bill that we will consider later and with no real compelling reason one greater than 8 percent unemploy- this week is a comprehensive solution why it would be anything special. ment, sustained unemployment of over that would restore water deliveries Yet we’re fighting an issue in the 8 percent—and when you look at the that have been cut off through the Fed- greater northwest Arkansas area that fact that people are out here scram- eral regulations and environmental could, indeed, impact our ability to bling to find work—meaningful jobs as lawsuits and through a plethora of continue to grow. I’m talking about they want to be productive and want to things facing the California farmers. EPA’s desire, insatiable appetite, to contribute to American exceptional- Mr. GRIFFIN of Arkansas. I hear put a total maximum daily load, a ism—then the way you do that is not what the gentleman is saying. I agree TMDL, if you would, on phosphorus by taking a welfare check; it’s by hav- wholeheartedly. Correct me if I’m loading in the Illinois River watershed, ing a paycheck. If you’re looking at wrong, but what you’re saying is that which flows into Oklahoma, because of this plight today like you would an im- the issue is not regulation. The issue is a loading standard imposed on north- pending storm, it’s a dark, dark cloud excessive regulation. The issue is over- west Arkansas by our neighboring of uncertainty that hangs over the job regulation. State, a standard that many say is not creators. I’ve got a 2-year-old and a 4-year-old. even achievable. I submit to you that the reason so I love them dearly and hate to get on So all of the great development and many people are sitting on trillions of that plane when I have to come up here job creation and the elevated quality of dollars of cash, those who would like to from Arkansas and have to leave them life is in jeopardy. The future is in get into the game and create jobs and back at the house. I want them to have jeopardy as a result of a Federal agen- expand the American economy, is that clean air and clean water, and I don’t cy imposing on the region a standard they have a difficult time computing know anyone—the folks here tonight that may or may not even be able to be their input costs. They don’t know how included—who are against all regula- achieved. I bring that up for this reason: back energy is going to affect their ability tion. Regulation when used properly when I was a mayor of a city in north- to create jobs. They don’t know how protects us, the kids, et cetera. west Arkansas, I challenged EPA to the next regulation, the next rule that This is not about whether to regulate give us the science, to show us exactly is going to come down from Wash- or not. This is about excessive regula- how they can calculate that this stand- ington, is going to impact their ability tion, overregulation, the regulatory ard has been impacted by the farmers to earn a profit. As evidenced by the process that does not consider cost- and ranchers of northwest Arkansas downgrade that we had last year by the benefit, that does not consider the im- S&P, they’re not confident that Con- and those who manage the point pact on jobs, that does not employ sources of pollution, the municipali- gress, these people who gather in this common sense, Washington regulators ties. I happened to be the mayor who Chamber every day, is capable of mak- who don’t speak with folks impacted presided over one of those. As I under- ing the decisions, of having the courage on the ground, well-intentioned though stand it, the science was a collection of to make the decisions to put America they may be, who don’t look at the im- data from about 20 streams somewhere on a different fiscal path. It’s a dark, pact and at the potential impact of in America, streams not known to us. dark cloud of uncertainty. I don’t their overregulation. That’s what I They took, I think, the 75th percentile blame them for sitting on the sidelines hear from my colleagues. of the average phosphorus loading into right now, but there is a lot of cash I agree wholeheartedly, and I think those streams. I doubt seriously that ready to get in the game if we’ll just do that is a critical distinction to point they used streams and rivers that were some of the right things. out because we always hear folks say- similar to what we were dealing with The gentlemen who have spoken to- ing, You just want no regulation. in northwest Arkansas. night talked about regulation, but That’s a false choice. That’s a straw I bring up this subject only because that’s not why I came to the floor to- man. That’s not anyone’s argument we’re talking about job creation to- night, and that’s not what I wanted to that I’ve heard. The issue is one of night, and our ability to continue to talk about primarily. I came from a overregulation, of excessive regulation. expand the economy in northwest Ar- meeting right before votes today that Mr. WOMACK. Let me take it a step kansas is dependent on our ability to talked about an issue totally unrelated further because I can relate to what have a good, clean water supply and to to my district and unrelated to most of the gentleman is talking about and can be able to treat our wastewater and to America. It’s out in California. relate it back to my home district. be able to discharge it properly and Later this week, we’re going to vote I think the gentleman would agree sufficiently in order to be able to cre- on H.R. 1837, the San Joaquin Valley that, over the last several years in Ar- ate growth. Water Reliability Act. I heard my col- kansas, there has been a phenomenal Yet I’m afraid, one day, we’re going league from California talking passion- rate of growth in the northwest part of to look up, and because of these stand- ately about this issue, as he has done a our State, the area that I happen to ards imposed on us by the Federal bu- number of times from the well of this represent, which is the great Third Dis- reaucracy, this overregulation that House, in that, back in 2009, Federal trict of Arkansas. It’s known for its in- we’ve talked about, that we’re not regulations to protect a 3-inch fish, the credible growth over the last several going to have an opportunity to grow delta smelt, led to the deliberate diver- years. Now, it is home to some pretty because we’re going to be into mora- sion of over 300 billion gallons of water well-known companies, companies like toria on growth and development in away from the San Joaquin Valley and Wal-Mart and J.B. Hunt trucking and our area as a result of these unfair its farmers. It cost thousands of farm Tyson Foods. standards. But that’s a whole other workers their jobs; it inflicted up to 40 If you look at northwest Arkansas, story. percent unemployment in certain com- there is really no compelling reason I really came tonight to talk with munities; and it fallowed hundreds of why prior to the establishment of those my colleague about tax reform be- thousands of acres of fertile farmland. major companies that northwest Ar- cause, as we’ve indicated, the threat of Those were real people. kansas would be an area where you higher taxes, or the tax structure as we Those were real jobs. would have this unprecedented growth. now know it, is, in my strongest opin- Because of Federal regulations and But for the entrepreneurial spirit and ion, one of the great barriers to job cre- this desire on the part of this Con- drive of guys like Sam Walton and Don ation.

VerDate Mar 15 2010 02:21 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.018 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H960 CONGRESSIONAL RECORD — HOUSE February 27, 2012 b 1940 And as my friend from Virginia said But one of the real specific reasons You know, just the other day, in this a moment ago, we have proven that the why we must deal with the individual very Chamber, the President of the American worker is the most produc- tax rates to grow jobs is because many United States stood on the dais and he tive worker in the world. And that’s businesses pay their taxes, particularly talked to this Congress about the need what we need to do: Corporate tax re- LLCs, sole proprietorships, partner- for comprehensive tax reform. In his form; ending this excessive over-regu- ships, mom and pop businesses all proposal to reform the corporate tax latory environment that we’re in; to around the country in Arkansas and in code, I was pleased to see the President access American energy solutions to my district, they pay their taxes using showing some leadership in that re- solve America’s energy challenges; and the individual income tax brackets. So gard, and I look forward to working once and for all doing something about you can’t just address corporate tax with the administration and my col- the extraordinary deficits—four code, although the President’s cor- leagues in the House and Senate to do straight trillion-plus-dollar deficits— porate tax ‘‘reform’’ has got a lot of something that in my strong opinion is facing America, and nearly trillion-dol- tax hikes in it that will make our busi- long overdue. lar deficits as far as the eye can see, nesses, our job creators in this country, I, along with many of my colleagues, based on the current glide path; to do less competitive. agree on the need for corporate tax re- those things necessary to get our def- But you can’t just reform the Tax form. The U.S. has one of the highest icit under control, to begin to whittle Code by dealing with corporate tax re- corporate tax structures in the world, down that debt and save future genera- form. You’ve got to look at individual second only to Japan. This discourages tions of the burdens that we have in an tax reform, corporate tax reform across job growth and job creation in the almost immoral way put on their the board. You have to make it sim- United States. shoulders. pler, fairer, and flatter. Some of the It’s time to broaden the base, time to With that, I thank you for the oppor- terms that we’ve talked about, we’ve get the government out of the business tunity to speak tonight. certainly advocated for that in our of picking winners and losers, time to Mr. GRIFFIN of Arkansas. I thank budget last year, and we are going to eliminate special interest loopholes, my friend from the Third District of do it again this year. and it’s time to lower the corporate tax Arkansas and appreciate his comments It’s critical, not only for job creation rate once and for all. But corporate tax here tonight. by larger businesses but by small busi- I’d like to continue a little bit to- reform is not the only piece of the puz- ness, mom and pop businesses. So tax night talking about tax reform since zle. There are many other pieces. If we reform is a critical part of what we Representative WOMACK was talking are going to grow the economy and about some aspects of the President’s need to do to get jobs going. give our job creators the certainty As I’ve talked about earlier, some of proposal. I think most of us around they need to invest, we also should here are certainly excited that the my colleagues talked about, there are a look at the individual rates—not just President has even started discussing number of reforms that we have been the corporate rates, but the individual fundamental tax reform. Unfortu- pursuing for over a year now that re- structure as well. nately, I think that the President’s late directly to private sector job cre- There’s an opportunity to simplify proposal has a lot of aspects that would ation. the individual tax code. In December of be burdensome to the businesses and b 1950 2010, according to the Compendium of the job creators that he purports to be Tax Expenditures prepared by the Con- As I indicated earlier, it’s tax reform. trying to help, and so I don’t think gressional Research Service that we all It’s regulatory reform. It’s more en- that it has much chance in the House use, there were more than 300 tax ex- ergy development. It’s living within or the Senate, and I think he knew penditures in the form of special exclu- our means. Individually, these issues that when he proposed it. But at least may not have jobs in the title, but they sions, exemptions, deductions, credits, he is having that conversation. That’s rates, and deferrals. We need to re- are the columns, the supports, that a start, that’s a start. hold up the private sector job building, evaluate every single one of these ex- As we talked about, whether you are if you will. penditures. talking about tax reform, energy explo- I want to say a couple of things about There are many other benefits of ration, regulatory reform, our com- the regulatory issue because I’ve just comprehensive tax reform. For exam- monsense budgeting, making the Fed- introduced a bill, H.R. 4078, Regulatory ple more than 90 percent of the Treas- eral Government live within its means, Freeze for Jobs Act. Again, as a lot of ury’s budget goes to the IRS. If we sim- all of those relate to jobs. They all are us said, I’m not antiregulation. I don’t plify the Tax Code and make it easier directly related to encouraging private know anyone that’s against regula- to follow and enforce, the IRS doesn’t sector job creation. need the resources it currently needs. We’ve been working on a highway bill tions across the board. What I’m What’s more, IRS reported, and I recently. Infrastructure is a critical against is the Federal Government fail- think these numbers were back in 2006, part of this equation. That’s part of the ing to apply common sense when regu- hundreds of billions—I think some were spending our money wisely under the lating. What I’m against are excessive just short of $400 billion—of what we budgeting side of things because we regulations, overly burdensome regula- call a tax gap. Again, simplification of need a strong infrastructure so that we tions. the Tax Code makes it easier to follow can compete with other countries, con- I’ll give you an example. I had a jobs and enforce, and we can significantly tinue to have economic development in conference down in my district in Lit- narrow that gap. this country. So that’s a critical part tle Rock at the Clinton Presidential I thank my colleagues from both of it. Library. We had a jobs conference. We sides of the aisle who are looking for- But with regard to the President’s invited a number of job creators. It ward to working on comprehensive tax tax plan, it raises taxes at least a dol- seems to me if you want to know what reform. I believe in my heart that it is, lar for every dollar in tax cuts that he to do to create private sector jobs or as my colleague from Arkansas has in- provides to simplify the corporate tax encourage private sector job creation, dicated, one of four things, four basic code. It creates a whole new category you’d ask someone who had actually things, four basic issues facing Amer- of taxes for our companies that do created them, folks from the private ica today that can help put our job cre- business overseas. sector, experts on this issue. We in- ators back into the business of doing And most glaringly, it doesn’t do vited them in and said, Hey, what’s the what they do best. And that is having anything to address individual tax biggest obstacle to job creation? We ideas, incubating those ideas, making rates, the tax rates that you pay at had Democrats and Republicans both. those ideas come to reality, taking the home, I pay. And why is that impor- And we asked them just point blank, necessary risks, having access to the tant for job creation? Well, for a num- and the number one answer was regu- capital to help support those busi- ber of reasons. First of all, the code we latory uncertainty. nesses, to expand those businesses by have now is complex. It doesn’t always What does that mean? Well, it means hiring people, by growing things, by reward hard work. In fact, sometimes that folks have money that they might making things. it punishes it. want to invest, but they hold on tight

VerDate Mar 15 2010 02:21 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.021 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 27, 2012 CONGRESSIONAL RECORD — HOUSE H961 to that money because they’re not year. This administration has issued an Mr. GRIFFIN of Arkansas. Sure. quite sure what’s going to happen. average of 88, an increase of 40 percent. Mr. GRIFFITH of Virginia. And they They’re not sure whether we’re going Under President Bush, the Office of In- know, and we talk about the money to get our debt under control or not. formation and Regulatory Affairs re- issue. You talked about that, and They’re not sure how much viewed an average of 77 economically you’re absolutely right. They know ObamaCare, the President’s health care significant regulations biennially. that if we create a regulatory environ- law, is going to cost them. They’re not These are the ones that really impact ment that’s conducive to creation of sure whether the regulations that business. I’m not talking about a jobs—not no regulations, but conducive they’ve heard proposed by the EPA as minor regulation here or there. We’re to creating jobs—that we end up with potentially being proposed, they’re not talking about the ones that really im- more jobs. If you end up with more sure whether those are going to be im- pact job creators. Under President jobs, you have more taxpayers. If you plemented or not. It’s just uncertainty Bush, his Office of Regulatory Affairs have more taxpayers, you have more everywhere. And I had someone say to reviewed about 77 every 2 years. Under taxes. And guess what. Just like in our me the other night, Well, there’s al- this President, it’s 125. Not quite dou- households, if you have more money ways uncertainty. bled, but not far from it. If the admin- coming in, it’s a whole lot easier to pay Yes, there is always uncertainty. If istration maintains its current pace, it your bills going out. you’re a farmer, there’s uncertainty would add nearly $150 billion annually And so when we talk about living whether there will be enough rain for in new regulatory costs over 8 years. within our means, we can live within the crops that year. There will always I’m going to yield to my friend from our means at a higher level if we just be some uncertainty in life because we Virginia, but before I do, I just want to have the ability for the American en- don’t have crystal balls. I get that. But mention that I have proposed the Reg- trepreneurial spirit and the American what we don’t want is a Federal Gov- ulatory Freeze for Jobs Act, H.R. 4078. entrepreneur to go out and take the ernment that needlessly creates addi- What it would do, it would basically normal risks that are associated with tional uncertainty. freeze the introduction and progression any business enterprise and create the You know, sometimes we say, I had of major regulations, those having an jobs, the jobs that over the last cen- enough problems before this came impact of $100 billion or more. It would turies we, as Americans, have worked along. Well, that’s what we’re talking freeze those with exceptions for emer- hard to create, and in a mere 200 years about. You have enough to deal with gencies, health issues, what have you. created the greatest economic system, naturally. You have enough uncer- There are exceptions in the bill. But it the greatest economic country ever tainty as it is. You don’t need the Fed- would freeze them until our unemploy- seen on this planet. eral Government creating more uncer- ment rate gets down to 6 percent to I have to say, it comes back, and you tainty. show that we’re getting our footing, talked about Dodd-Frank and banks, If you talk to community banks who because what the regulatory environ- community banks in particular, and I have been impacted by the President’s ment is doing to our job creators is sti- come from a very rural district com- Dodd-Frank law, they’ve got a lot of fling their ability to create jobs. pared to a lot of the others, and the uncertainty. They’re having to hire I’m going to yield now to my col- community banks are the heart and new folks to comply with the law. league from Virginia. soul of those communities; and yet What are the new regulations going to Mr. GRIFFITH of Virginia. I thank they are afraid to lend money to people be? We don’t know yet, just know you so much. they know are going to stay there and they’re coming. Don’t know what I stuck around just because I wanted fight to keep those jobs and to fight for they’re going to be yet, just know to hear more about your Regulatory their communities, but they are hesi- they’re coming and they’re going to be Freeze for Jobs Act. I think that is a tant to lend the money because they burdensome. The same with the health great concept. I look forward to read- don’t know what the regulatory care law. ing it. It is the way and the direction scheme is going to be. that we ought to be going, because I’m Here’s a quote from, actually, a well- b 2000 known Democrat businessman, com- willing to bet that those regulations missioner on the Arkansas Highway that have been approved are probably, Not only do you have the entre- Commission appointed by our Demo- if you looked at the inches of the regu- preneur who doesn’t know, but the crat Governor in Arkansas, former lations, it might only be one reg, but I banker doesn’t know, so he doesn’t chairman of the Arkansas Economic would be willing to bet that this ad- know if he can lend money even to that Development Commission, John Burk- ministration beats the Bush adminis- entrepreneur. halter. He said at my jobs conference: tration on inches of regulation by a Mr. GRIFFIN of Arkansas. I have heard story after story from small- Every project I look at now, I’ve got to mile. wonder if I’m going to get to build it be- That being said, I have to also say town bankers, community bankers, cause, are the regulations going to stop me? that I go out and talk to not only the who say that not only are they decid- I’ve got to admit that I pass on over 50 per- Rotary Clubs and other civic organiza- ing not to loan to folks based on char- cent of the projects that I would like to do tions, but I like talking to high school acter and based on relationship, but because of the burden, the hurdle of the reg- students, because what we do here in they’re being told they can’t. They’re ulations. Washington will be a far greater im- being told they can’t. They are commu- Now, the President recently said in pact on their lives than what we do on nity banks, the sources of credit. The his State of the Union Address that he our own lives. It’s our children. source of money for small-town Amer- has approved fewer regulations in the You indicated you have young chil- ica are being told who they can and first 3 years of his Presidency than his dren. I have an 11-year-old, a 6-year- cannot lend to. Their judgment is being Republican predecessor did in his. Well, old, and a 4-year-old, and I’m con- taken away from them, and they’re the President said that, sitting right cerned about them. saying, Look, you don’t have to decide. here on the floor of the House during But the high school students get it. We’re going to regulate that. We’ll tell the State of the Union this year, so I When I start talking about the regula- you who you can loan to and who you think it deserves some attention. tions and I talk about what would you can’t loan to, never mind the fact that Well, is that true? If you just look at do if you were a factory that was faced you’ve known them for 20, 30, 40 years, the numbers, it’s true, if you just look with having to pay big fines because generation after generation. We’re at the number of regulations. But if you couldn’t comply—couldn’t comply, going to control this from Washington. you look at the number of what are not didn’t want to—couldn’t physically This President talks about his finan- called major regulations and the bur- and timewise comply with an EPA reg- cial reform bill going after Wall Street. den that it puts, the cost of the regula- ulation, what happens to those jobs? Actually, the folks on Wall Street tions, what this President has done far You know what they say? I don’t have backed it. What it ended up doing is exceeds what we’ve seen before. to teach them this. They already know hurting the folks that had nothing to The previous administration issued it. Those jobs go somewhere else, usu- do with the financial collapse in the an average of 63 major regulations per ally to China. first place. Small-town community

VerDate Mar 15 2010 04:31 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.022 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H962 CONGRESSIONAL RECORD — HOUSE February 27, 2012 banks got the brunt of a lot of this be- want to say to the folks listening out ing a commonsense budget, and as part cause the big banks can afford the there, wherever you may be, these are of that, addressing our infrastructure extra regulation and compliance. The not new ideas. Some of the ideas you’ve issues, all those together, they all re- small banks cannot. So, what the heard tonight on tax reform, regu- late to jobs. So we’ll keep fighting for President’s bill did is it ignored Fannie latory reform, energy exploration and jobs. and it ignored Freddie—the problems— making the Federal Government live I yield back the balance of my time. and then it went after banks. It made within its means and investing in in- f Wall Street happy in many ways. Many frastructure, these are not ideas that of them got on board and endorsed it. just came up this week. You may ask b 2010 And then who took the brunt of the yourself, why haven’t we passed these a FREEDOM UNDER ASSAULT burden, the regulatory burden? Small- long time ago? Why haven’t we worked The SPEAKER pro tempore. Under town banks. Small-town banks. on this before? Why are we just talking Mr. GRIFFITH of Virginia. You said about it now? We have been for over a the Speaker’s announced policy of Jan- that Wall Street backed it, but I can year. For over a year we have been uary 5, 2011, the gentleman from Texas OHMERT) is recognized for 30 min- guarantee you, Main Street didn’t back working on these issues. (Mr. G it. Main Street had problems with it. I Many of these ideas we’ve passed. utes. feel personal about this because as a Let’s take tax reform. We talked about Mr. GOHMERT. Thank you, Mr. young lawyer right out of law school, I that in our budget over a year ago—it Speaker. took some risks. I had to go to the will be a year, I guess, in April. Regu- These are the best of times and in bank. The bank that I had been dealing latory reform, I can’t count the num- some ways the worst of times. Our free- with wouldn’t work with me on buying ber of bills—not including mine, I just doms are under assault, and some peo- a building. But one of my community introduced mine—but we have passed ple in places of leadership do not appre- banks stepped up to the plate, and they bill after bill after bill that deals with ciate the threat to our freedoms and said, do you know what? We know that regulatory reform. What about energy therefore are naively assisting those as long as you’re alive, you’ll pay this exploration? I literally can’t count the who would take them away. loan. Even if business isn’t good, we number of bills that we’ve passed that We know that in recent days in Af- count on you because we have known deal with energy exploration, particu- ghanistan we had some soldiers who you since you were a kid, and we know larly the Keystone pipeline, bill after were given the responsibility to burn exactly that you’re going to be there, bill after bill. Korans which were being used by pris- and you’re going to do things. If there’s any softening in the Presi- oners to write messages of an incen- Without that money, I daresay that I dent’s position on the Keystone XL diary nature to other prisoners. Well, wouldn’t have had a successful law pipeline, you can bet it’s because we it’s my understanding of shari’a law practice for 28 years. A lot of times have been relentless in this House—re- that to write in such a Koran could be people don’t think of lawyers as busi- lentless in this House—pushing the considered a desecration; yet there’s nessmen, but if you’re a sole practi- President to allow for the construction been no protest, no outrage over pris- tioner like I was for many, many years, of that pipeline. We’ve got a long way oners using the Koran to pass inflam- you’ve got to make the payroll, you’ve to go, but we’ll keep pushing. matory messages to other prisoners. got to pay your loans, and you’ve got On the issue of the budget and living We’ve also seen the death of Ameri- to do the things that you have got to within our means, we’ve been fighting cans as a result. Two officers, along do. Well, guess what’s happening? That this battle for over a year. So none of with others, have been killed and in- loan wouldn’t have been made to me this is brand spanking new. A lot of jured. Our Commander in Chief has today. these ideas we’ve been fighting for for seen fit to apologize to those who Another young man in a situation over a year, and we’ll continue to. But house the killers of our two American like I was in who wanted to go out and we’ve got to keep talking about them, officers. practice on his own and make his way keep talking about them. When I think about the feelings of in his hometown wouldn’t be allowed So what’s happened after we passed the family members of the two Amer- to do that under the current regulatory them? Well, a significant number, ican officers who were serving, to have scheme—and that’s that job plus the about 30 or so, have passed this House, a commander not do as Lincoln and so jobs of all the people who I had work- and they go right down to the other many Commanders in Chief have done ing for me in that office as I went for- side of the building, and they sit in the in the past wherein they sent those ward with my practice. So you’re abso- Senate. Many of us grew up in the 1970s troubling letters to grieving families lutely right in what you say. and saw the little cartoon, ‘‘School- to thank them for their service and to Further, I have to get back to your house Rock,’’ the little bill sitting on truly grieve with the families, no, in Regulatory Freeze for Jobs Act. I have the Capitol Hill steps out here some- this case, the Commander in Chief sent said for some time I wish I had intro- where. That little cartoon taught me messages instead to the home of the duced the bill. But I have said for some the fundamentals of our democracy, killer. time that if we would put a freeze on how a bill becomes law. It passes this Now, we’re led to believe by some new regulations and say to the Amer- House, and then what happens? Well, it internationally that, gee, it just over- ican entrepreneur, the business people has to go down to the Senate. whelmed the killer of the two officers. out there if you invest in the United Unfortunately, they haven’t passed a But then we hear that he may have States now, we will give you a window budget out of the Senate in over a taken a silencer with him to work. where you don’t have to worry about thousand days. So you can bet they Well, where I come from, courts that any new regulations, we would turn haven’t passed our bills, either. So I’ve been in to prosecute, my court as this economy around like that, and we we’ve addressed a lot of this stuff. And a judge, my region as a chief justice, would see that unemployment rate not we’re going to keep talking about it that would be considered evidence of just drop by point one or point two, but and keep pushing and keep pushing. premeditation, of first degree murder; we would see it drop down to your 6 But a lot of it is sitting right down and yet we apologize to those who percent that you’ve put in there, and I there in the Senate waiting for action, think like the murderer. think we would even see it drop below going nowhere. So if you’re wondering I haven’t heard a demand for an apol- that 6 percent if people knew that they what’s happened to these ideas, that’s ogy from Afghanistan and from the could count on having, not no regula- where they are. And we are continuing leaders of Afghanistan, who would not tion, but reasonable regulations, and to work on them here, continuing to be in office but for the lives and sac- not have to worry about new regula- pressure the Senate and the President rifice of American soldiers. They tions during this time of economic to try to work with us to get this stuff wouldn’t be there but for American sol- stress. done, because these pillars—tax re- diers, yet no apology from Afghani- Mr. GRIFFIN of Arkansas. I thank form, regulatory reform, energy explo- stan. So I think we have to look a lit- the gentleman from Virginia. I know ration, getting the Federal Govern- tle deeper at what is really going on we’re running short on time, so I just ment to live within its means and hav- here.

VerDate Mar 15 2010 04:31 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.024 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 27, 2012 CONGRESSIONAL RECORD — HOUSE H963 We know that in the United States rights under our Constitution to the civil rights movement of the 1950s it’s been deemed to be just fine to stick shari’a law. and ’60s. Lest we forget, Martin Luther a cross that symbolizes the death and King, Jr., was an ordained Christian sacrifice of Jesus Christ in a beaker of b 2020 minister. He knew and espoused the urine. Now, some of us believe that It’s not a terribly complicated effort, true way, truth and light. anybody that would do such a thing but it is brutal. It has cost so many The Cairo Declaration on Human without repenting before they leave lives, all in an effort to not only show Rights in Islam was established in 1990. this life will have a special price to pay disdain for actions of Westerners re- When we hear about the cause for by the Judge of all judges, by that garding the Koran, but also to push to human rights under shari’a law, it is same Creator which gave us our in- get the U.N. and all states such as the important to understand what that alienable rights. But not only was that United States to adopt laws to punish means. This is from the Cairo Declara- done; it was funded by the United what shari’a would consider any inap- tion on Human Rights in Islam from States Government NEA funds. propriate use or abuse of a Koran. August of 1990. Article 24 says: We’ve been told repeatedly that there I happen to think as a Christian it’s All the rights and freedoms stipulated in is nothing unconstitutional about terribly inappropriate to abuse a this Declaration are subject to the Islamic burning an American flag, that flag for Koran. I would encourage people not to shari’a. which so many millions of Americans do so. I would likewise say that it is a Article 25: have given the last full measure of de- terrible thing to abuse a Bible and to Islamic shari’a is the only source of ref- votion. We’re told that it doesn’t vio- abuse a flag. It shouldn’t be done. As a erence for the explanation or clarification of late our Constitution to burn American servicemember, prosecutor, judge, any of the articles of this Declaration. Bibles, that that’s just fine under our chief justice, I took an oath to support That’s what we’re talking about. Constitution. Yet we even have great and defend the Constitution of the When the term ‘‘human rights’’ is uti- Americans who have risked their life United States, and that means all lized, it’s important for people to un- for this country, who see the death and rights under our Constitution. derstand that under this declaration of loss of lives, say you know what, Just so people don’t forget, I think it human rights that is still being for- maybe we ought to have a law that is appropriate to remember what is in warded today and thrust at us, it’s im- says you can’t burn a Koran or you the First Amendment: portant to note that those are consid- can’t shoot at a Koran. Congress shall make no law respecting an ered human rights only under the defi- Some may recall that on May 22, establishment of religion, or prohibiting the nition of shari’a. 2008, there was a U.S. soldier that shot free exercise thereof; or abridging the free- When we’re told about the OIC be- at a Koran. That sparked unrest, and dom of speech or the press; or the right of lieving and pushing human rights, that there were two civilians and a Lithua- the people peaceably to assemble, and to pe- means no one has the right to dese- nian that were killed as a result of tition the government for a redress of griev- crate a Koran in any way, although ances. that. Some people may remember last they can burn Bibles and American year when a pastor in Florida burned a We’re supposed to have the right to flags all day long. It means no one has Koran; it sparked rioting and 11 were freedom of speech. The Supreme Court the freedom of speech to draw a car- killed, including seven U.N. workers. has said that means you can burn a toon about Mohammed because if they What’s really going on here? Well, I flag, you can burn a Bible, you can do, they have the human right to be ex- think it’s important to look back to burn a Koran. But there is a movement ecuted. the Organization of Islamic—what used in all 57 states—that’s right, 57 states If someone is a Muslim and they pro- to be Islamic Conference—now it’s been of the OIC—to get the U.N. and all nounce that Jesus Christ has become changed to Islamic Cooperation—and countries to subjugate their freedoms their Lord, then they have the human we can find some things. I’ve got a to shari’a law. Sure it’s okay to burn a right to be executed. If someone is a chart here to show. Bible, burn a flag, but not a Koran. It’s woman testifying under the laws of This is from the Third Extraordinary wrong to do so, but it’s not illegal. shari’a, she has the right to have her Session of the Islamic Summit. It out- We’re told as of today that the testimony only count as half that of a lines the 10-year Program of Action to Taliban says the airport blast in Af- man. Under these terms, if a woman in- Meet the Challenges Facing the Mus- ghanistan was revenge for Koran burn- herits from a male, she has the human lim Ummah in the 21st Century. This is ings. This article today points out that right to receive just one-half of the in- the Islamic Summit Conference re- 40 people have been killed in protests heritance that a man would. Under sults. It’s important to note that the and related attacks since the incident shari’a, as to those women on whose term ‘‘Islamophobia’’ was invented for became known this past Tuesday, in- part you fear disloyalty and ill con- just such occasions to try to demonize cluding four U.S. soldiers. NATO, duct, admonish them first, next refuse Americans—or so-called ‘‘Western- France, Britain, and the U.S. have to share their beds, and, last, beat ers’’—who might try to say there’s pulled their advisers from Afghan min- them. If a husband is displeased with such a thing as freedom of speech, free- istries out of concern that the anti-for- his wife, the woman has the human dom of religion, who would seek to sub- eigner anger might erupt again. After right to be beaten. jugate our First Amendment rights to all we’ve done, it’s not over. These peo- This goes on and on. I’m surprised the Islamic Conference, their rules and ple feel they still must subjugate our that the women’s rights movement has shari’a law. First Amendment rights to shari’a law. not been more assertive in pointing out The plan, the 10-year plan from De- The First Amendment should be pret- the inequalities that occur in countries cember 2005, the plan is, here at num- ty clear. It should be noted that until that espouse shari’a and the threat ber two: the 1950s when Lyndon Johnson basi- that it imposes to women’s rights all Affirm the need to counter Islamophobia cally got tired of churches yapping at over the world and in America. through the establishment of an observatory him over what they deemed as moral Under shari’a, to bring a claim of at the OIC General Secretariat to monitor issues, he shut them up by adding an rape, a Muslim woman must present all forms of Islamophobia, issue an annual additional provision added to the tax four male Muslim witnesses in good report thereon, and ensure cooperation with laws that basically forbade any church standing. Islam places the burden of the relevant governmental and non-govern- or such organization from getting in- avoiding illicit sexual encounters en- mental organizations, NGOs, in order to volved in politics. My children were tirely on the woman. In fact, under counter Islamophobia. Endeavor to have the United Nations adopt surprised, based on what they had been shari’a, women who bring a claim of an international resolution to counter taught in public school, that for most rape without being able to produce four Islamophobia, and call upon all States to of this country’s history, churches male Muslim witnesses, admitting to enact laws to counter it, including deterrent were the bedrock, churches were in- having had illicit sex, if she or the man punishments. volved in every great movement that is married, this amounts to an admis- That’s right. This is in compliance occurred, both in the Revolution, in sion of adultery and she should be pun- with the 10-year plan from 2005 to sub- the civil rights movement that re- ished. Some believe she should be jugate Americans’ First Amendment sulted in the abolition of slavery, in stoned to death and at a minimum

VerDate Mar 15 2010 04:31 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.026 H27FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H964 CONGRESSIONAL RECORD — HOUSE February 27, 2012 flogged if she is raped and can’t that were drawn put Baluchistan in I was given this Bible by my aunt, produce four men of Muslim good with Pakistan. This used to be a told that it was provided during World standing on her behalf. Baluch area. As a recent Pakistan War II to my uncle, says, ‘‘May the b 2030 Daily News editorial pointed out, most Lord be with you.’’ It’s a New Testa- She has the human right to be of Pakistan’s natural resources come ment, and inside the front cover it flogged or in some eyes to be stoned to from this area. As people have advised says: death. us in Afghanistan when I was over As Commander in Chief, I take pleasure in There are those who are saying we there recently, the Taliban are being commending the reading of the Bible to all supported by supplies, arms. They’re who serve in the Armed Forces of the United should get out of Afghanistan now. Ac- States. Throughout the centuries, men of tually, we could have done that a long getting their support from southern Pakistan into southern Afghanistan. many faiths and diverse origins have found time ago if a different course had been in the sacred book words of wisdom, counsel, pursued. It is not inappropriate to note They’re coming through the Baluch and inspiration. It is a fountain of strength, that in so many circumstances the area. and now, as always, an aid in attaining the enemy of our enemy should be consid- The Baluch don’t want that. They’re highest aspirations of the human soul. ered our friend. Muslim. They’re our friends. They Signed by President Franklin D. Roo- want to be our friends. They would be Along with DANA ROHRABACHER and sevelt. STEVE KING, we met twice with North- wonderful friends. They have been ter- That wasn’t signed by President ern Alliance leaders, and although rorized by the Pakistani Government Obama. It was signed by Franklin Roo- these brave leaders and their soldiers, for decades, and we’ve stood by and sevelt, and it was given to our soldiers. their horse soldiers, did what some in- didn’t seem to care, the world has. Mr. Speaker, in conclusion, let me Well, perhaps it is time to recognize telligence and special ops individuals just say, if the President takes more an independent Baluchistan, where have indicated, performed acts of her- action to demean the American rights we’d have a friend who would not keep oism and gallantry such as they’d and to eliminate our own rights, then supplying the enemy of America, those never seen before on their behalf and it’s time for the President to apologize, people that helped train and prepare on behalf of America. not to Afghanistan but to the Amer- The Taliban was initially defeated, for 9/11 to kill as many thousands of ican people. people forget, when we had initially Americans as they could. With that, I yield back the balance of We don’t want to leave Afghanistan less than 200, at no point more than my time. in the hands of the Taliban and all of 1,500, American special ops and intel- the American life and treasure be for ligence just embedded with the North- f nothing. But there is an easy answer. ern Alliance, assisting them as the We leave, but we empower the enemy enemy of the Taliban. LEAVE OF ABSENCE Our friends, the Northern Alliance, of our enemy, the Northern Alliance and the Baluch people. Let them take By unanimous consent, leave of ab- they’re Muslim. They’re our Muslim sence was granted to: friends. But they did not want the in- care of their own area. Let them pre- vent the Taliban from taking over. Let Mr. JACKSON of Illinois (at the re- tolerance of the Taliban and were will- quest of Ms. PELOSI) for today on ac- ing to pay any price, just as the Found- them prevent Pakistan from becoming such a focused enemy as they have count of business in the district. ers were, to prevent having the Taliban Mr. BILBRAY (at the request of Mr. take them over and, as they had done unabated. Let them worry. India wants to be our friend. CANTOR) for today on account of a fam- before, burn films, burn books, burn If we look at the area of Pakistan, ily medical issue. art, dictate to the women, prevent well, this shows the different major Mr. CULBERSON (at the request of Mr. their freedoms. The Northern Alliance ethnic groups. Pink here is the Baluch CANTOR) for today on account of ill- helped us by basically being the people people; green is the Pashtun. And, of ness. who defeated the Taliban. We provided course, only a tiny percentage of the them the arms to do it, we provided Pashtun people make up the Taliban, f them the aerial support, and they did but virtually all of the Taliban is made it. up of Pashtun. They do come over here ADJOURNMENT We disarmed them, told them they into Pakistan. Then we have brown as Mr. GOHMERT. Mr. Speaker, I move had nothing to worry about. We added the Punjabi and the yellow as the that the House do now adjourn. over 100,000 troops and became occu- Sindi. The motion was agreed to; accord- piers. We tried to nation build. We gave Northern Alliance is up here. You’ve ingly (at 8 o’clock and 40 minutes them a constitution that provides for got a number of different groups up p.m.), under its previous order, the shari’a law. there, including Uzbeks. But these are House adjourned until tomorrow, Tues- Where is the apology to Afghan people who do not want the Taliban to day, February 28, 2012, at 10 a.m. for Christians for us getting them a con- ever take over. They’re the enemy of morning-hour debate. stitution that does not permit public our enemy, and that’s where we can do churches? The last Christian church in some real good. It’s time to stop the f Afghanistan has closed. At last ac- support of those who would take away count, I’d seen there was one acknowl- our First Amendment rights. EXECUTIVE COMMUNICATIONS, edged Jewish person living in Afghani- There’s an article, this is from CNN, ETC. stan. May 20, 2009: Under clause 2 of rule XIV, executive Now there’s intolerance. We have a Military personnel threw away, and ulti- $12.5 billion government in Afghani- communications were taken from the mately burned, confiscated Bibles that were Speaker’s table and referred as follows: stan. That’s their budget, and they pro- printed in the two most common Afghan lan- vide about $1.5 billion of their own. guages amid concerns that they would be 5095. A letter from the Acting Under Sec- You know what happens to that gov- used to try to convert Afghans, a Defense retary, Department of Defense, transmitting Department spokesman said Tuesday. a letter on the approved retirement of Admi- ernment when we pull out? That’s why ral Robert F. Willard, United States Navy, the Taliban is telling people, even on The unsolicited Bibles sent by a church in the United States were confiscated about a and his advancement to the grade of admiral Afghan television, We’re going to be in year ago at Bagram Air Base in Afghanistan on the retired list; to the Committee on charge as soon as the U.S. pulls out. because military rules forbid troops of any Armed Services. There are ways to deal with this religion from proselytizing while deployed 5096. A letter from the Acting Under Sec- issue. If you just look at the map, you there. retary, Department of Defense, transmitting get a good idea what we’re talking Such religious outreach can endanger a letter on the approved retirement of Lieu- about. American troops and civilians in the de- tenant General John D. Gardner, United During a recent trip to Afghanistan voutly Muslim nation. States Army, and his advancement to the Why would it endanger civilians if grade of lieutenant general on the retired and meeting with Baluch people—let’s list; to the Committee on Armed Services. first look at the map itself. they have the rights that Americans 5097. A letter from the Associate General Afghanistan, Pakistan, Iran, India. say we’re fighting for? Why? We’re Counsel for Legislation and Regulations, De- Now, before 1948, this area in here was burning Bibles, the American military partment of Housing and Urban Develop- Baluchistan. In 1948, the arbitrary lines did, back in 2009? ment, transmitting the Department’s final

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A resolution providing for ess: Eligibility, Indemnification, and Termi- Act of 2000; Revision of Guidelines on Non- consideration of the bill (H.R. 2117) to pro- nation [Docket No.: FR-5156-F-02] (RIN: 2502- Radiogenic Cancers [Docket Number: hibit the Department of Education from AI58) received February 6, 2012, pursuant to 5 NIOSH-209] (RIN: 0920-AA39) received Feb- overreaching into academic affairs and pro- U.S.C. 801(a)(1)(A); to the Committee on Fi- ruary 6, 2012, pursuant to 5 U.S.C. gram eligibility under title IV of the Higher nancial Services. 801(a)(1)(A); to the Committee on the Judici- Education Act of 1965 (Rept. 112–404). Re- 5098. A letter from the Associate General ary. ferred to the House Calendar. Counsel for Legislation and Regulations, De- 5108. A letter from the Assistant Secretary f partment of Housing and Urban Develop- for Employment and Training, Department ment, transmitting the Department’s final of Labor, transmitting the Department’s PUBLIC BILLS AND RESOLUTIONS rule — Equal Access to Housing in HUD Pro- final rule — Wage Methodology for the Tem- Under clause 2 of rule XII, public grams Regardless of Sexual Orientation or porary Non-Agricultural Employment H-2B bills and resolutions of the following Gender Identity [Docket No.: FR 5359-F-02] Program; Delay of Effective Date (RIN: 1205- titles were introduced and severally re- (RIN: 2501-AD49) received February 15, 2012, AB61) received February 6, 2012, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on the ferred, as follows: mittee on Financial Services. Judiciary. By Mr. MILLER of Florida (for himself, 5099. A letter from the Assistant Secretary, 5109. A letter from the President and Chief Mr. BENISHEK, Mr. FLAKE, Mr. YOUNG Employee Benefits Security Administration, Executive Officer, Little League Baseball, of Alaska, Mr. ROSS of Arkansas, Mr. Department of Labor, transmitting the De- transmitting the Annual Report of Little BOREN, Mr. LATTA, and Mr. SHULER): partment’s final rule — Group Health Plans League Baseball, Incorporated for the fiscal H.R. 4089. A bill to protect and enhance op- and Health Insurance Issuers Relating to year ending September 30, 2011, pursuant to portunities for recreational hunting, fishing Coverage of Preventive Services Under the 36 U.S.C. 1084(b); to the Committee on the and shooting; to the Committee on Natural Patient Protection and Affordable Care Act Judiciary. Resources, and in addition to the Commit- (RIN: 1210-AB44) received February 15, 2012, 5110. A letter from the Assistant Secretary tees on Agriculture, and Energy and Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the Army, Civil Works, Department of De- merce, for a period to be subsequently deter- mittee on Education and the Workforce. fense, transmitting Sabine-Neches Waterway mined by the Speaker, in each case for con- 5100. A letter from the Assistant Secretary, Channel Improvement Project Southeast sideration of such provisions as fall within Employee Benefits Security Administration, Texas and Southwest Louisiana Final Envi- the jurisdiction of the committee concerned. Department of Labor, transmitting the De- ronmental Impact Statement and Ocean By Mr. CARNAHAN: partment’s final rule — Summary of Benefits Dredged Material Disposal Sites Final Envi- H.R. 4090. A bill to reauthorize the Na- and Coverage and Uniform Glossary — Tem- ronmental Impact Statement; (H. Doc. No. tional Dam Safety Program Act, and for plates, Instructions, and Related Materials; 112—90); to the Committee on Transportation other purposes; to the Committee on Trans- and Guidance for Compliance received Feb- and Infrastructure and ordered to be printed. portation and Infrastructure. ruary 15, 2012, pursuant to 5 U.S.C. 5111. A letter from the Director, Regula- By Ms. DEGETTE: H.R. 4091. A bill to assist low-income indi- 801(a)(1)(A); to the Committee on Education tions Policy and Management Staff, Office of viduals in obtaining medically recommended and the Workforce. the General Counsel, Department of Vet- dental care; to the Committee on Energy and 5101. A letter from the Assistant Secretary, erans Affairs, transmitting the Department’s Commerce. Employee Benefits Administration, Depart- final rule — Schelule for Rating Disabilities; By Mr. GIBSON: ment of Labor, transmitting the Depart- AL Amyloidosis (Primary Amyloidosis) H.R. 4092. A bill to amend the National De- ment’s final rule — Summary of Benefits and (RIN: 2900-AN75) received February 8, 2012, fense Authorization Act for Fiscal Year 2012 Coverage and Uniform Glossary (RIN: 1210- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to provide clarification of the relationship of AB52) received February 15, 2012, pursuant to mittee on Veterans’ Affairs. certain constitutional rights to provisions of 5 U.S.C. 801(a)(1)(A); to the Committee on 5112. A letter from the Chief, Publications law relating to the military detention of cer- Education and the Workforce. and Regulations Branch, Internal Revenue tain covered person; to the Committee on 5102. A letter from the Director, Defense Service, transmitting the Service’s final rule Armed Services, and in addition to the Com- Security Cooperation Agency, transmitting — Foreign Tax Credit Splitting Events [TD mittee on Foreign Affairs, for a period to be Transmittal No. 11-54, pursuant to the re- 9577] (RIN: 1545-BK50) received February 15, subsequently determined by the Speaker, in porting requirements of Section 36(b)(1) of 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the each case for consideration of such provi- the Arms Export Control Act, as amended; to Committee on Ways and Means. sions as fall within the jurisdiction of the the Committee on Foreign Affairs. 5113. A letter from the Chief, Publications 5103. A letter from the Director, Inter- committee concerned. and Regulations Branch, Internal Revenue national Cooperation, Department of De- By Ms. SEWELL (for herself and Mrs. Service, transmitting the Service’s final rule fense, transmitting Pursuant to Section 27(f) ROBY): — Summary of Benefits and Coverage and of the Arms Export Control Act and Section H. Res. 562. A resolution directing the Of- Uniform Glossary [TD 9575] (RIN: 1545-BJ94) 1(f) of Executive Order 11958, Transmittal No. fice of the Historian to compile oral his- received February 14, 2012, pursuant to 5 1-12 informing of an intent to sign a Project tories from current and former Members of U.S.C. 801(a)(1)(A); to the Committee on Agreement with the United Kingdom of the House of Representatives involved in the Ways and Means. Great Britain and Northern Ireland; to the historic and annual Selma to Montgomery, 5114. A letter from the Secretary, Depart- Committee on Foreign Affairs. Alabama, marches, as well as the civil rights ment of Health and Human Services, trans- 5104. A letter from the Assistant Secretary, movement in general, for the purposes of ex- mitting the Medicare Ombudsman report to Legislative Affairs, Department of State, panding or augmenting the historic record Congress for the year 2010; jointly to the transmitting a message from the Speaker of and for public dissemination and education; Committees on Energy and Commerce and the National Assembly of the Republic of to the Committee on House Administration. Ways and Means. Korea; to the Committee on Foreign Affairs. By Ms. SCHAKOWSKY (for herself, Mr. 5105. A letter from the Assistant Legal Ad- f BACA, Mr. BRADY of Pennsylvania, visor for Treaty Affairs, Department of Mrs. CHRISTENSEN, Mr. CICILLINE, Mr. State, transmitting report prepared by the REPORTS OF COMMITTEES ON CLARKE of Michigan, Mr. CLEAVER, Department of State concerning inter- PUBLIC BILLS AND RESOLUTIONS Mr. CONYERS, Mr. COURTNEY, Mr. national agreements other than treaties en- Under clause 2 of rule XIII, reports of DAVIS of Illinois, Ms. DELAURO, Mr. tered into by the United States to be trans- committees were delivered to the Clerk ELLISON, Mr. FRANK of Massachu- mitted to the Congress within the sixty-day for printing and reference to the proper setts, Ms. FUDGE, Mr. GRIJALVA, Mr. period specified in the Case-Zablocki Act; to GUTIERREZ, Mr. HASTINGS of Florida, the Committee on Foreign Affairs. calendar, as follows: Mr. HOLT, Mr. HONDA, Ms. JACKSON 5106. A letter from the Secretary, Depart- Mr. ISSA: Committee on Oversight and LEE of Texas, Ms. KAPTUR, Mr. KUCI- ment of Treasury, transmitting as required Government Reform. H.R. 665. A bill to es- NICH, Ms. LEE of California, Mr. by section 401(c) of the National Emergencies tablish a pilot program for the expedited dis- LEWIS of Georgia, Mr. MCGOVERN, Ms. Act, 50 U.S.C. 1641(c), and section 204(c) of posal of Federal real property; with an MOORE, Ms. NORTON, Ms. RICHARDSON, the International Emergency Economic Pow- amendment (Rept. 112–402). Referred to the Mr. SABLAN, Mr. SERRANO, Ms. ers Act, 50 U.S.C. 1703(c), a six-month peri- Committee of the Whole House on the state SPEIER, Ms. WOOLSEY, and Mr. odic report on the national emergency that of the Union. WELCH): was declared in Executive Order 13581 of July Mr. HASTINGS of Washington: Committee H. Res. 564. A resolution recognizing the 24, 2011; to the Committee on Foreign Af- on Natural Resources. H.R. 1837. A bill to ad- critical importance of the supplemental nu- fairs. dress certain water-related concerns on the trition assistance program (SNAP), formerly 5107. A letter from the Program Manager, San Joaquin River, and for other purposes; called the food stamp program; to the Com- Department of Health and Human Services, with an amendment (Rept. 112–403). Referred mittee on Agriculture. transmitting the Department’s final rule — to the Committee of the Whole House on the By Mr. WEST (for himself, Mr. ROONEY, Guidelines for Determining Probability of state of the Union. Mr. RIVERA, Mr. DIAZ-BALART, Mr.

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HASTINGS of Florida, and Mr. MILLER H.R. 876: Mr. LANGEVIN. H.R. 3496: Mr. HOLT. of Florida): H.R. 892: Mr. KUCINICH. H.R. 3506: Mr. BLUMENAUER. H. Res. 565. A resolution commemorating H.R. 930: Mr. RYAN of Ohio. H.R. 3523: Mr. ROE of Tennessee, Mr. the 100th anniversary of the Palm City Com- H.R. 931: Mr. NUNNELEE. FLEISCHMANN, and Mr. BACA. munity in Martin County, Florida; to the H.R. 1004: Mr. BERG. H.R. 3526: Mr. CLAY, Mrs. MCMORRIS ROD- Committee on Oversight and Government H.R. 1114: Mr. CAPUANO. GERS, Ms. LEE of California, Ms. KAPTUR, Mr. Reform. H.R. 1164: Mr. FINCHER. PLATTS, Ms. WASSERMAN SCHULTZ, and Mr. f H.R. 1167: Mr. CONAWAY. MCGOVERN. H.R. 1206: Mr. RUNYAN, Mr. DESJARLAIS, H.R. 3528: Ms. LEE of California. CONSTITUTIONAL AUTHORITY and Mr. GIBBS. H.R. 3566: Ms. BASS of California. STATEMENT H.R. 1330: Mr. GUTIERREZ. H.R. 3612: Mr. LEWIS of Georgia and Ms. H.R. 1332: Ms. DELAURO and Mr. DOYLE. CHU. Pursuant to clause 7 of rule XII of H.R. 1340: Mrs. BLACK. H.R. 3626: Ms. LEE of California. the Rules of the House of Representa- H.R. 1342: Mr. MEEHAN. H.R. 3627: Mr. KISSELL. tives, the following statements are sub- H.R. 1370: Mr. HUELSKAMP. H.R. 3643: Mr. OWENS, Mr. PAUL, and Mr. mitted regarding the specific powers H.R. 1386: Mr. RANGEL. ROKITA. granted to Congress in the Constitu- H.R. 1404: Mr. GARAMENDI. H.R. 3676: Mr. UPTON. tion to enact the accompanying bill or H.R. 1418: Mr. GENE GREEN of Texas. H.R. 3679: Mr. GRIJALVA. joint resolution. H.R. 1505: Mr. RUNYAN. H.R. 3702: Mr. BISHOP of Utah. H.R. 1558: Mr. MURPHY of Pennsylvania. H.R. 3704: Mr. HIMES. By Mr. MILLER of Florida: H.R. 1581: Mr. CRAVAACK. H.R. 3723: Mr. MANZULLO. H.R. 4089. H.R. 1588: Mr. FORBES. H.R. 3767: Mr. COURTNEY and Mr. WEST. Congress has the power to enact this legis- H.R. 1672: Mr. STEARNS, Mr. ANDREWS, Mr. H.R. 3770: Mr. DUNCAN of Tennessee. lation pursuant to the following: RYAN of Ohio, and Mr. PLATTS. H.R. 3783: Mr. CRAVAACK and Mr. GOSAR. Article IV, Section 3, Clause 2 ; Article I, H.R. 1681: Ms. BASS of California. H.R. 3805: Mr. LAMBORN. Section 8, Clause 3 H.R. 1738: Mr. DOYLE. H.R. 3821: Mr. BLUMENAUER and Mr. COURT- By Mr. CARNAHAN: H.R. 1895: Mr. MORAN, Mr. CLAY, and Mrs. NEY. H.R. 4090. NAPOLITANO. H.R. 3827: Mr. WHITFIELD. Congress has the power to enact this legis- H.R. 1912: Mr. HONDA. H.R. 3828: Mr. FINCHER. lation pursuant to the following: H.R. 2071: Ms. BONAMICI. H.R. 3831: Mr. PAUL. Article I. Section 1. ‘‘All legislative Powers H.R. 2085: Mr. TIERNEY and Mr. CAPUANO. H.R. 3855: Mr. ENGEL, Mr. MCDERMOTT, and herein granted shall be vested in a Congress H.R. 2131: Mr. HARRIS. Mr. ROTHMAN of New Jersey. of the United States, which shall consist of a H.R. 2168: Mr. CLARKE of Michigan. H.R. 3860: Mr. RANGEL. Senate and a House of Representatives.’’ H.R. 2179: Mr. BENISHEK. H.R. 3863: Mr. RIBBLE. By Ms. DEGETTE: H.R. 2245: Mr. FITZPATRICK, Mr. BLU- H.R. 3877: Mr. NUGENT. H.R. 4091. MENAUER, and Mr. COURTNEY. H.R. 3893: Mr. CHABOT and Mr. GRAVES of Congress has the power to enact this legis- H.R. 2267: Mr. FORBES, Mr. KISSELL, Mr. Missouri. lation pursuant to the following: SIRES, Mr. GONZALEZ, Mr. KEATING, Mr. H.R. 3895: Mr. BARLETTA, Mr. ROTHMAN of Article I, Section 8, Clause 3 of the United JACKSON of Illinois, and Mr. BACA. New Jersey, Mr. NUGENT, Mr. JOHNSON of States Constitution and Article I, Section 8, H.R. 2288: Mrs. CAPPS, Ms. ZOE LOFGREN of Ohio, and Mr. FILNER. Clause 18 of the United States Constitution. California, Ms. SLAUGHTER, and Ms. HAHN. H.R. 3914: Mr. HANNA. By Mr. GIBSON: H.R. 2328: Mr. LANGEVIN. H.R. 3974: Mr. DOGGETT and Mr. PRICE of H.R. 4092. H.R. 2353: Mr. KIND. North Carolina. Congress has the power to enact this legis- H.R. 2404: Mrs. DAVIS of California. H.R. 3981: Ms. MCCOLLUM and Mr. COURT- lation pursuant to the following: H.R. 2437: Mr. FATTAH. NEY. Article I, section 8 of the United States H.R. 2446: Mr. MEEKS and Mr. MCCOTTER. H.R. 3984: Mr. DOYLE, Mr. RUSH, and Ms. Constitution (clauses 10, 11, 14, and 18), which H.R. 2499: Mr. PAYNE, Mr. ELLISON, and Mr. SLAUGHTER. grants Congress the power to define and pun- POSEY. H.R. 3989: Mr. KELLY. ish offenses against the law of nations, to H.R. 2513: Mr. MORAN and Mrs. DAVIS of H.R. 3990: Mr. KELLY. make rules concerning captures on land and California. H.R. 3991: Mr. DUNCAN of Tennessee. water; to make rules for the government and H.R. 2529: Mrs. LUMMIS. H.R. 3992: Mr. PENCE, Ms. LINDA T. regulation of the land and naval forces; and H.R. 2634: Ms. PINGREE of Maine and Mr. SA´ NCHEZ of California, Mr. NADLER, and Mr. to make all laws necessary and proper for MCGOVERN. POLIS. carrying out the foregoing powers. H.R. 2657: Mr. CLAY. H.R. 3994: Mrs. BLACK, Mr. ROSS of Florida, f H.R. 2738: Mr. FARR and Ms. MATSUI. and Mr. PAUL. H.R. 2896: Mr. LANCE, Mr. ROTHMAN of New H.R. 4010: Mr. HINOJOSA, Mr. COSTELLO, Mr. ADDITIONAL SPONSORS Jersey, Mr. HOLT, Mr. SIRES, Mr. ANDREWS, DOGGETT, Mr. ROTHMAN of New Jersey, Mr. Under clause 7 of rule XII, sponsors Mr. FRELINGHUYSEN, Mr. PALLONE, and Mr. RYAN of Ohio, Ms. CLARKE of New York, Mr. were added to public bills and resolu- RUNYAN. DOYLE, Mr. KUCINICH, and Mr. NEAL. H.R. 2955: Ms. SUTTON. H.R. 4038: Mr. POLIS. tions as follows: H.R. 2969: Mr. GENE GREEN of Texas. H.R. 4045: Mr. BOSWELL, Ms. MCCOLLUM, H.R. 12: Mr. OLVER. H.R. 3014: Mr. MARKEY. and Mr. WALZ of Minnesota. H.R. 23: Mr. ROTHMAN of New Jersey. H.R. 3059: Mrs. NAPOLITANO. H.R. 4046: Mr. MANZULLO and Mr. ROE of H.R. 32: Mr. REYES. H.R. 3066: Mr. WILSON of South Carolina. Tennessee. H.R. 104: Mr. LANGEVIN and Ms. BALDWIN. H.R. 3083: Mr. ROTHMAN of New Jersey. H.R. 4061: Mr. ANDREWS. H.R. 205: Mr. PEARCE. H.R. 3086: Mr. ROTHMAN of New Jersey, Mr. H.R. 4065: Ms. BORDALLO. H.R. 207: Mr. BACA. AL GREEN of Texas, Mr. QUIGLEY, Ms. LINDA H.R. 4078: Mr. GOODLATTE. H.R. 218: Mr. HINOJOSA. T. SA´ NCHEZ of California, Mr. HONDA, Mr. H.R. 4080: Ms. EDDIE BERNICE JOHNSON of H.R. 329: Mr. BROOKS, Mr. DOGGETT, and THOMPSON of Mississippi, Mrs. DAVIS of Cali- Texas. Mr. RANGEL. fornia, and Mr. VISCLOSKY. H.R. 4082: Mr. PIERLUISI. H.R. 385: Ms. SCHAKOWSKY and Mr. JACKSON H.R. 3207: Mr. MEEHAN. H.J. Res. 103: Mr. ROSS of Florida and Mr. of Illinois. H.R. 3269: Mr. TONKO, Mr. WOMACK, Mr. FINCHER. H.R. 409: Mr. BURGESS. KIND, Mr. YOUNG of Indiana, Mrs. CAPITO, Mr. H. Res. 111: Mrs. MALONEY, Mr. HINCHEY, H.R. 452: Mr. KLINE and Mr. PASCRELL. SCHRADER, Ms. ZOE LOFGREN of California, Mr. GUTIERREZ, Mr. MARINO, Mr. GOODLATTE, H.R. 459: Mr. LIPINSKI and Mr. CONAWAY. Ms. SCHAKOWSKY, and Mr. RYAN of Ohio. Mr. PEARCE, Mr. FITZPATRICK, Mr. MARCH- H.R. 481: Mr. MURPHY of Connecticut. H.R. 3275: Mrs. MYRICK. ANT, and Mr. MORAN. H.R. 511: Mr. BERMAN and Mr. PIERLUISI. H.R. 3324: Mr. COHEN. H. Res. 130: Ms. EDDIE BERNICE JOHNSON of H.R. 631: Mr. GENE GREEN of Texas and Mr. H.R. 3353: Mr. PRICE of North Carolina. Texas. ROTHMAN of New Jersey. H.R. 3356: Mr. SAM JOHNSON of Texas, Mr. H. Res. 262: Mr. MCGOVERN. H.R. 640: Ms. SCHWARTZ. WEST, and Mr. BILBRAY. H. Res. 351: Mr. STARK. H.R. 757: Mr. DEUTCH. H.R. 3364: Mr. BRALEY of Iowa and Mr. H. Res. 484: Ms. ZOE LOFGREN of California, H.R. 777: Mr. BISHOP of New York and Ms. LOEBSACK. Mr. CONNOLLY of Virginia, Mr. ROYCE, Mr. BERKLEY. H.R. 3373: Ms. MOORE, Ms. CHU, Ms. LEE of MARKEY, Mr. MORAN, and Mr. STARK. H.R. 799: Ms. LEE of California, Mr. JACK- California, and Ms. SPEIER. H. Res. 542: Mr. ROTHMAN of New Jersey. SON of Illinois, Mr. GONZALEZ, Mr. WEST, and H.R. 3462: Mr. KILDEE. H. Res. 555: Mr. PASCRELL. Mr. ROTHMAN of New Jersey. H.R. 3464: Mr. JACKSON of Illinois. H. Res. 556: Mr. NUNNELEE, Mr. JORDAN, H.R. 807: Mr. STARK. H.R. 3476: Mr. CONNOLLY of Virginia. Mrs. HARTZLER, Mr. POMPEO, Mr. MARINO, H.R. 812: Mr. SCHILLING. H.R. 3485: Mr. HEINRICH. Mr. KINZINGER of Illinois, Mr. KELLY, Mr.

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Vol. 158 WASHINGTON, MONDAY, FEBRUARY 27, 2012 No. 30 Senate The Senate met at 2 p.m. and was appoint the Honorable RICHARD BLUMEN- lost a friend and mentor. William called to order by the Honorable RICH- THAL, a Senator from the State of Con- Raggio was the longest serving State ARD BLUMENTHAL, a Senator from the necticut, to perform the duties of the Chair. senator in Nevada’s history. He died State of Connecticut. DANIEL K. INOUYE, President pro tempore. last week while traveling in Australia. My heart is with his wife Dale, whom I Mr. BLUMENTHAL thereupon as- PRAYER spoke with, children Leslie and Tracy sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- and, of course, my thoughts go to pro tempore. fered the following prayer: Mark, the son Bill lost in 2004, six Today I will read George Washing- f grandchildren, and they have a great- ton’s ‘‘Prayer for the United States of RECOGNITION OF THE MAJORITY grandchild. America,’’ exactly as it appears in the LEADER I hope it is some small comfort to chapel at Valley Forge. know that all of Nevada mourns the Almighty God: We make our earnest pray- The ACTING PRESIDENT pro tem- pore. The majority leader is recog- loss of this very effective and fine Ne- er that Thou wilt keep the United States in vada citizen. Thy holy protection; that Thou wilt incline nized. He was a second-generation Nevadan the hearts of the citizens to cultivate a spirit f of subordination and obedience to the gov- born and raised in Reno, NV. Senator ernment, and entertain a brotherly affection ORDER OF BUSINESS Randolph Townsend said, ‘‘Bill was and love for one another and for their fellow Mr. REID. Mr. President, following part of the fabric of the city.’’ That is citizens of the United States at large. And fi- leader remarks, Senator SHAHEEN will true. He lived to serve. nally that Thou wilt most graciously be be recognized to deliver Washington’s In addition to his four decades of pleased to dispose us all to do justice, to love Farewell Address. This is the 150th an- service in the State legislature, he vol- mercy, and to demean ourselves with that charity, humility, and pacific temper of niversary of that tradition, and we are unteered to serve in the Armed Forces mind which were the characteristics of the very pleased that Senator SHAHEEN is during World War II. He enlisted in the Divine Author of our blessed religion, and going to do this. No one could be more Navy at age 17, but the war ended be- without a humble imitation of whose exam- exemplary of his service than she. fore he graduated from officer training ple in these things, we can never hope to be f school. a happy Nation. Grant our supplication, we When he finished his service, he at- SCHEDULE beseech Thee, through Jesus Christ our Lord. tended the University of Nevada, and Amen. Mr. REID. Mr. President, following then went to law school in California. f the address, the Senate will be in But he continued to serve in the U.S. PLEDGE OF ALLEGIANCE morning business until 4:30 p.m. today. Marine Corps as a United States Navy At 4:30 p.m., the Senate will proceed The Honorable RICHARD BLUMENTHAL Reservist. to executive session to consider the He was the district attorney of led the Pledge of Allegiance, as follows: nomination of Margo Brodie to be Washoe County, which is the Reno I pledge allegiance to the Flag of the United States District Judge for the metropolitan area, for 18 years, includ- United States of America, and to the Repub- Eastern District of New York. At 5:30 lic for which it stands, one nation under God, ing 3 terms before he became a State p.m., the Senate will vote on confirma- indivisible, with liberty and justice for all. legislator. He was president of the Na- tion of the Brodie nomination. f I ask unanimous consent that fol- tional DAs Association. APPOINTMENT OF ACTING lowing the vote and resumption of leg- He rooted out corruption wherever he PRESIDENT PRO TEMPORE islative session, the Senate be in a pe- served. There was nothing more cor- riod of morning business for up to 1 rupt, in his mind, and the minds of all The PRESIDING OFFICER. The Nevadans, than an illegal brothel. That clerk will please read a communication hour, with the time equally divided and controlled between Senators PRYOR illegal brothel went on by virtue of Joe to the Senate from the President pro Conforte being able to pass out money tempore (Mr. INOUYE). and ALEXANDER or their designees. The ACTING PRESIDENT pro tem- to people for a long time. Bill Raggio, The legislative clerk read the fol- as DA, picked a fight with him, and lowing letter: pore. Without objection, it is so or- dered. that fight is legend. Bill got the last U.S. SENATE, word. Conforte spent 22 months in pris- f PRESIDENT PRO TEMPORE, on for trying to bribe Bill Raggio. And Washington, DC, February 27, 2012. REMEMBERING SENATOR RAGGIO To the Senate: in 1965, Bill Raggio, to get the last Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, last week word, had the local authorities declare of the Standing Rules of the Senate, I hereby Nevada lost a great statesman and I that facility a nuisance and burn it

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

S1029

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VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1030 CONGRESSIONAL RECORD — SENATE February 27, 2012 down. He was there watching the fire helped root out organized crime in Northern Saddened by the passing of Senator Bill as it destroyed that place. Nevada.—Former U.S. Sen. Paul Laxalt, R Raggio. A true statesman. My thoughts & It wasn’t until 1972 that Bill brought Nevada. prayers are with his family.—Nevada Sen. his integrity and dedication to the Ruben Kihuen, D Las Vegas, via Twitter. Bill was a true public servant and his sole State House as a member of the Nevada agenda was simply to make Nevada a better Feels odd to tweet about Bill Raggio but State Senate. So for 38 years, there place. He has left an unmatched political odd not to. He was my friend and a mentor. wasn’t a piece of legislation that footprint upon our state, and the citizens A great loss 4 Nev but, oh what a life he passed the Nevada legislature that will reap the rewards of this gifted and de- lived!—Nevada Assemblywoman Debbie didn’t have his imprint on it in some cent gentleman for many years to come.—Lt. Smith, D Reno, via Twitter. Gov. Brian Krolicki, R Nevada. way. He worked to help pass thousands For those of us in higher education, indeed of different pieces of legislation. He Sen. Raggio was an icon, a consummate the whole education community, we pause to was an expert in the process. Nobody statesman and one of the most knowledge- thank this man who came from humble im- knew how to craft a budget better than able and pragmatic legislators ever to serve migrant roots and rose to great power, in Bill Raggio. the people of Nevada. His absence from the part by public education. He never forgot the He was a Republican who believed Legislature with his retirement was keenly contribution of education to his life. We have government should be ‘‘lean but not felt. His passing on Thursday ends a chapter lost a member of our family today—indeed, mean.’’ He was never afraid to work in Nevada history.—Nevada Supreme Court our patriarch and champion.—Board of Re- gents, Nevada System of Higher Education. with Democratic members, even Chief Justice Nancy Saitta. though he was Republican leader for The passing of Bill Raggio is a tragic loss Raggio was a champion for our Airport Au- several terms. Here is what he said re- for Nevadans. For those of us in the law en- thority and he had the vision to create a cently: I think the present leadership forcement community, we fondly recall and transportation entity that plays a vital role of the Republican Party is a little too continue to tell stories about Bill standing in the economy of our region. He was also a radical and has been taken over by up to perpetrators to ensure a safe commu- wonderful mentor to me and I will miss his what I think is a radical element. nity. Bill will always be remembered for his sage advice and wise counsel. The legacy of impassioned service and dedication.—Nevada his forward thinking will be felt in our com- He went on to say in an interview, munity for years to come.—Krys Bart, presi- after he decided to retire: state Attorney General Catherine Cortez Masto. dent and CEO of the Reno-Tahoe Airport Au- The party has to reshape itself, or it won’t thority. win general elections down the road. Bill Raggio was the type of elected official That is Bill Raggio, speaking as we I strive to become. In an era of intense par- He championed our state’s heritage and he should all speak—not as a Republican tisanship, he upheld a statesman’s voice of made our values a priority. He ensured that protecting our environment was a non-par- but as a Nevadan and an American. So reason.—Nevada Secretary of State Ross Miller, via Twitter. tisan position in Carson City as he worked it is no surprise to see the outpouring across the aisle to support conservation of grief of Democrats and Republicans There are no words to describe his dedica- funding and wildlife. Regardless of your poli- at his passing. tion to the state of Nevada and I wish to ex- tics, Bill Raggio was a great leader and he ‘‘No one has ever loved this state press my deepest condolences and prayers for will be missed.—Nevada Conservation more or has had a more passionate de- his wife Dale, and his family. Bill was a true League. sire to make things better for the peo- statesman who dedicated his life to making Those who have followed NPRI’s work over Nevada a better place to live. His legacy will ple who live here,’’ said Democratic As- the years know that we have both agreed and be remembered for generations to come.— sembly Speaker John Ocegera. disagreed with Mr. Raggio’s views on various U.S. Sen. Dean Heller, R Nevada. If there was a Mount Rushmore of Nevada policy issues. But there was never any doubt politics, Bill Raggio’s image would forever He was nothing short of a giant in Nevada as to his love for Nevada and his commit- be carved there. The Nevada family has lost politics and a fierce advocate for the state he ment to making it a better place to live. For a great patriarch. loved, especially the north. His dedicated that, he will always have our respect and our That was what Republican Governor public service has improved the lives of admiration.—Andy Matthews, president of Brian Sandoval said. thousands of Nevada families and his tireless Nevada Policy Research Institute. work on higher education has left a perma- Mr. President, I ask unanimous con- He was every bit as good and as genuine nent mark on this state.—Rep. Shelley Berk- sent to have printed in the RECORD four and as committed to public service as what’s ley, D Las Vegas. pages of statements made by Nevada- described. That’s the real person. It’s a huge loss.—Nevada Sen. Greg Brower, R Reno. elected and appointed officials, and Bill Raggio was the consummate states- citizens of Nevada about Bill Raggio. man and a dedicated public servant. He was No one has ever loved this state more or There being no objection, the mate- a mentor of mine and it was an honor to rial was ordered to be printed in the had a more passionate desire to make things work under him in the state senate while he better for the people who live here. His abil- RECORD, as follows: was Majority Leader. He will truly be ity to bring people together to get things [From the Las Vegas Sun] missed.—U.S. Rep. Joe Heck, R Henderson. done was legendary. . . . At times, he may REACTION TO DEATH OF FORMER STATE SEN. have been an adversary on a particular issue, This is the end of an era in Nevada. Bill BILL RAGGIO but he was always a true leader, a teacher was an icon of legislative public service and and a friend.—Nevada Speaker of the Assem- (Associated Press) it was a privilege to serve with him in the bly John Oceguera, D Las Vegas. Reaction to the death of retired state Sen. state senate. My condolences go out to his BILL RAGGIO, R Reno, Nevada’s longest-serv- wife Dale and his two daughters.—U.S. Rep. He was one of the greatest friends and a ing state senator: Mark Amodei, R Carson City. true mentor to me. Our great state is better If there was a Mount Rushmore of Nevada because of his leadership and service. He will politics, Bill Raggio’s image would forever Last year, I was honored to induct Senator be sorely missed.—Reno Mayor Bob Cashell. be carved there. The Nevada family has lost Raggio into the Senate Hall of Fame for his a great patriarch; may God rest his soul as unwavering commitment to our state. From The thing that was great about Senator we remember all that he meant to our his service as a District Attorney to becom- Raggio and the time that I spent with him in state.—Gov. Brian Sandoval, R Nevada. ing one of the longest serving legislators in the Legislature was his ability to bring the Nevada history, Senator Raggio always put two sides together and get things done. He I have known Bill for decades; he has been the people of Nevada first. . . . Nevada has was a master at doing that.—Reno City Man- a mentor to me. He always fought for Nevada truly lost one of its finest statesmen.—Ne- ager Andrew Clinger. and his invaluable contributions and service vada Senate Majority Leader Steven to our state will live on. . . . His important Horsford, D Las Vegas. He understood that politics is really filled voice will be missed.—U.S. Senate Majority with compromise. The public still owns this Leader Harry Reid, D Nevada. Senator Raggio epitomized the term ‘‘pub- process and they send people of all stripes, lic servant.’’ . . . He was a tireless advocate different backgrounds, different sections of Clearly, he was one of the state’s greatest for higher education, believing that it was the state. He knew in order to move things and most accomplished public servants. He the gateway to a better life for any Nevadan. forward, you had to compromise.—Former was also a helluva good guy who possessed a With so many accomplishments and such Nevada Sen. Randolph Townsend, R Reno. wonderful sense of humor. . . . (H)e had an universal respect, it’s impossible to do jus- exceptional legal mind and was a knowledge- tice and honor to the life of such a man.—Ne- Today Nevada Republicans across the state able, courageous and fair-minded DA who vada Senate Republican Caucus. mourn the loss of a great leader and the loss

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1031 of an even greater friend. While it is a sad postal reform legislation. It is manda- I beg you at the same time to do me the day for all Nevadans, it is only appropriate tory that we do that. We have a press- justice to be assured that this resolution has to remember the legacy and leadership he ing cyber-security piece of legislation not been taken without a strict regard to all left behind for us to follow. A loss of a true that the Pentagon says is the most im- the considerations appertaining to the rela- icon in Nevada politics will not be forgotten. tion which binds a dutiful citizen to his . . . We will miss you.—Nevada Republican portant thing we can do for our coun- country—and that, in withdrawing the ten- Party Chairman James Smack. try. We have to clear a backlog of judi- der of service which silence in my situation cial nominees that threatens the effec- might imply, I am influenced by no diminu- Shocked to hear of Sen Raggio’s passing— tiveness of our court system. But first, tion of zeal for your future interest, no defi- last time we spoke, he ranted about legisla- we must complete one of the most im- ciency of grateful respect for your past kind- tors needing to put aside politics & work to- ness, but am supported by a full conviction gether.—Nevada Sen. Sheila Leslie, D Reno, portant tasks facing this Congress: that the step is compatible with both. via Twitter. strengthening our economy by rebuild- ing our Nation’s crumbling infrastruc- The acceptance of, and continuance hith- Rest in peace Senator Raggio. You will be ture. erto in, the office to which your suffrages missed, but never forgotten.—Nevada Sen. Today we will resume progress on the have twice called me have been a uniform Michael Roberson, R Henderson, via Twitter. Transportation bill that will put 2 mil- sacrifice of inclination to the opinion of duty and to a deference for what appeared to be But Raggio also saw his Republican Party lion Americans back to work rebuild- ing roads, bridges, trains, and their your desire. I constantly hoped that it would transform around him. In 2003, when a group have been much earlier in my power, consist- of Assembly Republicans refused to vote for tracks. ently with motives which I was not at lib- a tax plan, Raggio didn’t hesitate to exca- The House is also considering trans- erty to disregard, to return to that retire- vate a pejorative from earlier in his storied portation legislation. I was glad to see ment from which I had been reluctantly career: He called them ‘‘John Birchers.’’ By that House Republicans have moved 2008, he was battling ex-Assemblywoman drawn. The strength of my inclination to do Sharron Angle in a primary fight for the dis- away from that extreme proposal they this, previous to the last election, had even trict he’d held comfortably since 1972. were considering a few weeks ago. They led to the preparation of an address to de- When Raggio exercised his legendary inde- are going to now try to pass something clare it to you; but mature reflection on the pendence—and a good deal of personal similar to our bipartisan legislation. then perplexed and critical posture of our af- pique—and endorsed Democrat Harry Reid This is bipartisan legislation. fairs with foreign nations, and the unani- mous advice of persons entitled to my con- over Angle in the 2010 U.S. Senate race, his Too much rests on our success to let party finally left him. He was ousted from fidence, impelled me to abandon the idea. his leadership position by Fallon Republican this jobs measure be bogged down by partisanship. President Dwight Eisen- I rejoice that the state of your concerns, Mike McGinness, and he tendered his res- external as well as internal, no longer ren- ignation from the Legislature for good. hower, a Republican, was the original ders the pursuit of inclination incompatible ‘‘I think the present leadership of the Re- champion of national infrastructure in- with the sentiment of duty or propriety and publican Party is a little too radical and has vestment a half century ago. He once am persuaded, whatever partiality may be been taken over by what I think is a radical said: retained for my services, that in the present element,’’ Raggio said in an interview after circumstances of our country you will not he quit, using a true conservative’s worst Only strength can cooperate. Weakness can disapprove my determination to retire. pejorative. ‘‘The party has to reshape itself only beg. or it won’t win general elections down the He was right that it takes strength The impressions with which I first under- road.’’ to work together. But working to- took the arduous trust were explained on the Mark his words for November. gether also makes us strong. I look for- proper occasion. In the discharge of this Back in January 2011, Raggio told me in an ward to working together with my col- trust, I will only say that I have, with good interview that the state would go on without intentions, contributed towards the organi- him. ‘‘Nobody is irreplaceable. You will find leagues on both sides as we complete zation and administration of the government that out,’’ he said. transportation legislation that will the best exertions of which a very fallible I hope Raggio will forgive me one last time make our economy strong. judgment was capable. Not unconscious in if I simply don’t agree. We have 5 weeks during this work pe- the outset of the inferiority of my qualifica- Mr. REID. He believed in doing what riod. We have a lot to do. I hope we can tions, experience in my own eyes, perhaps was right for Nevada, even when it work together to get it done. still more in the eyes of others, has strength- wasn’t right for his political party. I ened the motives to diffidence of myself, and f admired him and respected him. I re- every day the increasing weight of years ad- spected him even when he and I dis- RESERVATION OF LEADER TIME monishes me more and more that the shade agreed, and that happened. But we of retirement is as necessary to me as it will The ACTING PRESIDENT pro tem- be welcome. Satisfied that if any cir- agreed far more than we disagreed. pore. Under the previous order, the I can remember the first time I met cumstances have given peculiar value to my leadership time is reserved. services, they were temporary, I have the him. The person I worked for had consolation to believe that, while choice and f worked as a deputy district attorney prudence invite me to quit the political for Bill Raggio. He came to visit me in READING OF WASHINGTON’S scene, patriotism does not forbid it. our law office, and he was always very FAREWELL ADDRESS In looking forward to the moment which is funny, very articulate, and somebody I The ACTING PRESIDENT pro tem- intended to terminate the career of my pub- admired and, as I indicated, was my lic life, my feelings do not permit me to sus- mentor. But I can remember him being pore. Pursuant to the order of the Sen- pend the deep acknowledgment of that debt in that office as if it were 10 minutes ate of January 24, 1901, as amended by of gratitude which I owe to my beloved coun- ago. the order of February 14, 2012, the Sen- try for the many honors it has conferred Upon his retirement last year, Bill ator from New Hampshire, Mrs. SHA- upon me, still more for the steadfast con- told a local reporter, ‘‘Nobody is irre- HEEN, will now read Washington’s Fare- fidence with which it has supported me and placeable. You will see.’’ It seems, once well Address. for the opportunities I have thence enjoyed again, though, Bill and I disagreed. No Mrs. SHAHEEN, at the rostrum, read of manifesting my inviolable attachment by the Farewell Address, as follows: services faithful and persevering, though in one can replace Bill Raggio. The mark usefulness unequal to my zeal. If benefits he left on Nevada politics could never TO THE PEOPLE OF THE UNITED STATES have resulted to our country from these be erased, but his powerful political Friends and Fellow-Citizens: The period for services, let it always be remembered to voice and his true personal friendship a new election of a citizen to administer the your praise and as an instructive example in will be missed. executive government of the United States our annals that, under circumstances in Senator Raggio was an effective leg- being not far distant, and the time actually which the passions agitated in every direc- islator and leader in part because of his arrived when your thoughts must be em- tion were liable to mislead, amidst appear- willingness to cooperate with those ployed in designating the person who is to be ances sometimes dubious, vicissitudes of for- with whom he disagreed. It would serve clothed with that important trust, it appears tune often discouraging, in situations in this Chamber well to emulate his bi- to me proper, especially as it may conduce to which not unfrequently want of success has a more distinct expression of the public countenanced the spirit of criticism, the con- partisan approach. voice, that I should now apprise you of the stancy of your support was the essential prop WORKING TOGETHER resolution I have formed, to decline being of the efforts and a guarantee of the plans by We have a great deal to accomplish considered among the number of those out of which they were effected. Profoundly pene- this work period. We need to consider whom a choice is to be made. trated with this idea, I shall carry it with me

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1032 CONGRESSIONAL RECORD — SENATE February 27, 2012 to my grave as a strong incitement to un- which apply more immediately to your inter- In contemplating the causes which may ceasing vows that Heaven may continue to est. Here every portion of our country finds disturb our Union, it occurs as matter of se- you the choicest tokens of its beneficence; the most commanding motives for carefully rious concern that any ground should have that your union and brotherly affection may guarding and preserving the Union of the been furnished for characterizing parties by be perpetual; that the free constitution, whole. geographical discriminations—northern and which is the work of your hands, may be sa- The North, in an unrestrained intercourse southern—Atlantic and western; whence de- credly maintained; that its administration with the South, protected by the equal laws signing men may endeavor to excite a belief in every department may be stamped with of a common government, finds in the pro- that there is a real difference of local inter- wisdom and virtue; that, in fine, the happi- ductions of the latter great additional re- ests and views. One of the expedients of ness of the people of these states, under the sources of maritime and commercial enter- party to acquire influence within particular auspices of liberty, may be made complete prise and precious materials of manufac- districts is to misrepresent the opinions and by so careful a preservation and so prudent a turing industry. The South in the same aims of other districts. You cannot shield use of this blessing as will acquire to them intercourse, benefitting by the agency of the yourselves too much against the jealousies the glory of recommending it to the ap- North, sees its agriculture grow and its com- and heart burnings which spring from these plause, the affection, and adoption of every merce expand. Turning partly into its own misrepresentations. They tend to render nation which is yet a stranger to it. channels the seamen of the North, it finds its alien to each other those who ought to be Here, perhaps, I ought to stop. But a solici- particular navigation invigorated; and while bound together by fraternal affection. The tude for your welfare, which cannot end but it contributes, in different ways, to nourish inhabitants of our western country have with my life, and the apprehension of danger and increase the general mass of the na- lately had a useful lesson on this head. They natural to that solicitude, urge me on an oc- tional navigation, it looks forward to the have seen in the negotiation by the execu- casion like the present to offer to your sol- protection of a maritime strength to which tive—and in the unanimous ratification by emn contemplation, and to recommend to itself is unequally adapted. The East, in a the Senate—of the treaty with Spain, and in your frequent review, some sentiments like intercourse with the West, already finds, the universal satisfaction at that event which are the result of much reflection, of no and in the progressive improvement of inte- throughout the United States, a decisive rior communications by land and water will inconsiderable observation, and which ap- proof how unfounded were the suspicions more and more find a valuable vent for the pear to me all important to the permanency propagated among them of a policy in the commodities which it brings from abroad or of your felicity as a people. These will be of- general government and in the Atlantic manufactures at home. The West derives fered to you with the more freedom as you states unfriendly to their interests in regard can only see in them the disinterested warn- from the East supplies requisite to its growth and comfort—and what is perhaps of to the Mississippi. They have been witnesses ings of a parting friend, who can possibly still greater consequence, it must of neces- to the formation of two treaties, that with have no personal motive to bias his counsel. sity owe the secure enjoyment of indispen- Great Britain and that with Spain, which se- Nor can I forget, as an encouragement to it, sable outlets for its own productions to the cure to them everything they could desire, in your indulgent reception of my sentiments weight, influence, and the future maritime respect to our foreign relations, towards con- on a former and not dissimilar occasion. strength of the Atlantic side of the Union, firming their prosperity. Will it not be their Interwoven as is the love of liberty with directed by an indissoluble community of in- wisdom to rely for the preservation of these every ligament of your hearts, no rec- terest as one nation. Any other tenure by advantages on the Union by which they were ommendation of mine is necessary to fortify which the West can hold this essential ad- procured? Will they not henceforth be deaf to or confirm the attachment. vantage, whether derived from its own sepa- those advisers, if such there are, who would The unity of government which constitutes sever them from their brethren and connect you one people is also now dear to you. It is rate strength or from an apostate and un- natural connection with any foreign power, them with aliens? justly so; for it is a main pillar in the edifice To the efficacy and permanency of your of your real independence, the support of must be intrinsically precarious. While then every part of our country thus Union, a government for the whole is indis- your tranquility at home, your peace abroad, feels an immediate and particular interest in pensable. No alliances, however strict, be- of your safety, of your prosperity, of that union, all the parts combined cannot fail to tween the parts can be an adequate sub- very liberty which you so highly prize. But find in the united mass of means and efforts stitute. They must inevitably experience the as it is easy to foresee that, from different greater strength, greater resource, propor- infractions and interruptions which all alli- causes and from different quarters, much tionably greater security from external dan- ances in all times have experienced. Sensible pains will be taken, many artifices em- ger, a less frequent interruption of their of this momentous truth, you have improved ployed, to weaken in your minds the convic- peace by foreign nations; and, what is of in- upon your first essay by the adoption of a tion of this truth; as this is the point in your estimable value! they must derive from Constitution of government better cal- political fortress against which the batteries union an exemption from those broils and culated than your former for an intimate of internal and external enemies will be wars between themselves which so fre- Union and for the efficacious management of most constantly and actively (though often quently afflict neighboring countries not your common concerns. This government, covertly and insidiously) directed, it is of in- tied together by the same government, the offspring of our own choice uninfluenced finite moment that you should properly esti- which their own rivalships alone would be and unawed, adopted upon full investigation mate the immense value of your national sufficient to produce, but which opposite for- and mature deliberation, completely free in Union to your collective and individual hap- eign alliances, attachments, and intrigues its principles, in the distribution of its pow- piness; that you should cherish a cordial, ha- would stimulate and embitter. Hence like- ers uniting security with energy, and con- bitual, and immovable attachment to it; ac- wise they will avoid the necessity of those taining within itself a provision for its own customing yourselves to think and speak of overgrown military establishments, which amendment, has a just claim to your con- it as of the palladium of your political safety under any form of government are inauspi- fidence and your support. Respect for its au- and prosperity; watching for its preservation cious to liberty, and which are to be re- thority, compliance with its laws, acquies- with jealous anxiety; discountenancing garded as particularly hostile to republican cence in its measures, are duties enjoined by whatever may suggest even a suspicion that liberty. In this sense it is, that your Union the fundamental maxims of true liberty. The it can in any event be abandoned; and indig- ought to be considered as a main prop of basis of our political systems is the right of nantly frowning upon the first dawning of your liberty, and that the love of the one the people to make and to alter their con- every attempt to alienate any portion of our ought to endear to you the preservation of stitutions of government. But the Constitu- country from the rest, or to enfeeble the sa- the other. tion which at any time exists, until changed cred ties which now link together the var- These considerations speak a persuasive by an explicit and authentic act of the whole ious parts. language to every reflecting and virtuous people, is sacredly obligatory upon all. The For this you have every inducement of mind and exhibit the continuance of the very idea of the power and the right of the sympathy and interest. Citizens by birth or Union as a primary object of patriotic desire. people to establish government presupposes choice of a common country, that country Is there a doubt whether a common govern- the duty of every individual to obey the es- has a right to concentrate your affections. ment can embrace so large a sphere? Let ex- tablished government. The name of American, which belongs to you perience solve it. To listen to mere specula- All obstructions to the execution of the in your national capacity, must always exalt tion in such a case were criminal. We are au- laws, all combinations and associations the just pride of patriotism more than any thorized to hope that a proper organization under whatever plausible character with the appellation derived from local discrimina- of the whole, with the auxiliary agency of real design to direct, control, counteract, or tions. With slight shades of difference, you governments for the respective subdivisions, awe the regular deliberation and action of have the same religion, manners, habits, and will afford a happy issue to the experiment. the constituted authorities, are destructive political principles. You have in a common It is well worth a fair and full experiment. of this fundamental principle and of fatal cause fought and triumphed together. The With such powerful and obvious motives to tendency. They serve to organize faction; to independence and liberty you possess are the union affecting all parts of our country, give it an artificial and extraordinary force; work of joint councils and joint efforts—of while experience shall not have dem- to put in the place of the delegated will of common dangers, sufferings, and successes. onstrated its impracticability, there will al- the nation the will of a party, often a small But these considerations, however power- ways be reason to distrust the patriotism of but artful and enterprising minority of the fully they address themselves to your sensi- those who in any quarter may endeavor to community; and, according to the alternate bility, are greatly outweighed by those weaken its bands. triumphs of different parties, to make the

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1033 public administration the mirror of the ill It serves always to distract the public It is substantially true that virtue or mo- concerted and incongruous projects of fac- councils and enfeeble the public administra- rality is a necessary spring of popular gov- tion, rather than the organ of consistent and tion. It agitates the community with ill ernment. The rule indeed extends with more wholesome plans digested by common coun- founded jealousies and false alarms, kindles or less force to every species of free govern- cils and modified by mutual interests. How- the animosity of one part against another, ment. Who that is a sincere friend to it can ever combinations or associations of the foments occasionally riot and insurrection. look with indifference upon attempts to above description may now and then answer It opens the door to foreign influence and shake the foundation of the fabric? popular ends, they are likely, in the course corruption, which find a facilitated access to Promote then, as an object of primary im- of time and things, to become potent engines the government itself through the channels portance, institutions for the general diffu- by which cunning, ambitious, and unprinci- of party passions. Thus the policy and the sion of knowledge. In proportion as the pled men will be enabled to subvert the will of one country are subjected to the pol- structure of a government gives force to pub- power of the people and to usurp for them- icy and will of another. lic opinion, it is essential that public opinion selves the reins of government, destroying There is an opinion that parties in free should be enlightened. afterwards the very engines which have lift- countries are useful checks upon the admin- As a very important source of strength and ed them to unjust dominion. istration of the government and serve to security, cherish public credit. One method Towards the preservation of your govern- keep alive the spirit of liberty. This within of preserving it is to use it as sparingly as ment and the permanency of your present certain limits is probably true—and in gov- possible, avoiding occasions of expense by happy state, it is requisite not only that you ernments of a monarchical cast patriotism cultivating peace, but remembering also steadily discountenance irregular opposi- may look with indulgence, if not with favor, that timely disbursements to prepare for tions to its acknowledged authority but also upon the spirit of party. But in those of the danger frequently prevent much greater dis- that you resist with care the spirit of inno- popular character, in governments purely bursements to repel it; avoiding likewise the vation upon its principles, however specious elective, it is a spirit not to be encouraged. accumulation of debt, not only by shunning the pretexts. One method of assault may be From their natural tendency, it is certain occasions of expense, but by vigorous exer- to effect in the forms of the Constitution al- there will always be enough of that spirit for tions in time of peace to discharge the debts terations which will impair the energy of the every salutary purpose. And there being con- which unavoidable wars may have occa- system and thus to undermine what cannot stant danger of excess, the effort ought to be sioned, not ungenerously throwing upon pos- be directly overthrown. In all the changes to by force of public opinion to mitigate and as- terity the burden which we ourselves ought which you may be invited, remember that suage it. A fire not to be quenched, it de- to bear. The execution of these maxims be- time and habit are at least as necessary to mands a uniform vigilance to prevent its longs to your representatives, but it is nec- fix the true character of governments as of bursting into a flame, lest instead of warm- essary that public opinion should cooperate. other human institutions, that experience is ing it should consume. To facilitate to them the performance of the surest standard by which to test the real It is important, likewise, that the habits of their duty, it is essential that you should tendency of the existing constitution of a thinking in a free country should inspire practically bear in mind that towards the country, that facility in changes upon the caution in those entrusted with its adminis- payment of debts there must be revenue; credit of mere hypotheses and opinion ex- tration to confine themselves within their that to have revenue there must be taxes; poses to perpetual change from the endless respective constitutional spheres, avoiding that no taxes can be devised which are not variety of hypotheses and opinion; and re- in the exercise of the powers of one depart- more or less inconvenient and unpleasant; member, especially, that for the efficient ment to encroach upon another. The spirit of that the intrinsic embarrassment insepa- management of your common interests in a encroachment tends to consolidate the pow- rable from the selection of the proper objects country so extensive as ours, a government ers of all the departments in one and thus to (which is always a choice of difficulties) of as much vigor as is consistent with the create, whatever the form of government, a ought to be a decisive motive for a candid perfect security of liberty is indispensable; real despotism. A just estimate of that love construction of the conduct of the govern- liberty itself will find in such a government, of power and proneness to abuse it which ment in making it, and for a spirit of acqui- with powers properly distributed and ad- predominates in the human heart is suffi- escence in the measures for obtaining rev- justed, its surest guardian. It is indeed little cient to satisfy us of the truth of this posi- enue which the public exigencies may at any else than a name, where the government is tion. The necessity of reciprocal checks in time dictate. too feeble to withstand the enterprises of the exercise of political power, by dividing Observe good faith and justice towards all faction, to confine each member of the soci- and distributing it into different depositories nations; cultivate peace and harmony with ety within the limits prescribed by the laws, and constituting each the guardian of the all; religion and morality enjoin this con- and to maintain all in the secure and tran- public weal against invasions by the others, duct, and can it be that good policy does not quil enjoyment of the rights of person and has been evinced by experiments ancient and equally enjoin it? It will be worthy of a free, property. modern, some of them in our country and enlightened, and, at no distant period, a I have already intimated to you the danger under our own eyes. To preserve them must great nation, to give to mankind the mag- of parties in the state, with particular ref- be as necessary as to institute them. If in nanimous and too novel example of a people erence to the founding of them on geo- the opinion of the people the distribution or always guided by an exalted justice and be- graphical discriminations. Let me now take modification of the constitutional powers be nevolence. Who can doubt that in the course a more comprehensive view and warn you in in any particular wrong, let it be corrected of time and things the fruits of such a plan the most solemn manner against the baneful by an amendment in the way which the Con- would richly repay any temporary advan- effects of the spirit of party, generally. stitution designates. But let there be no tages which might be lost by a steady adher- This spirit, unfortunately, is inseparable change by usurpation; for though this, in one ence to it? Can it be, that Providence has not from our nature, having its root in the instance, may be the instrument of good, it connected the permanent felicity of a nation strongest passions of the human mind. It ex- is the customary weapon by which free gov- with its virtue? The experiment, at least, is ists under different shapes in all govern- ernments are destroyed. The precedent must recommended by every sentiment which en- ments, more or less stifled, controlled, or re- always greatly overbalance in permanent nobles human nature. Alas! is it rendered im- pressed; but in those of the popular form it evil any partial or transient benefit which possible by its vices? is seen in its greatest rankness and is truly the use can at any time yield. In the execution of such a plan nothing is their worst enemy. Of all the dispositions and habits which more essential than that permanent, invet- The alternate domination of one faction lead to political prosperity, religion and mo- erate antipathies against particular nations over another, sharpened by the spirit of re- rality are indispensable supports. In vain and passionate attachments for others venge natural to party dissension, which in would that man claim the tribute of patriot- should be excluded and that in place of them different ages and countries has perpetrated ism who should labor to subvert these great just and amicable feelings towards all should the most horrid enormities, is itself a fright- pillars of human happiness, these firmest be cultivated. The nation which indulges to- ful despotism. But this leads at length to a props of the duties of men and citizens. The wards another an habitual hatred, or an ha- more formal and permanent despotism. The mere politician, equally with the pious man, bitual fondness, is in some degree a slave. It disorders and miseries which result gradu- ought to respect and to cherish them. A vol- is a slave to its animosity or to its affection, ally incline the minds of men to seek secu- ume could not trace all their connections either of which is sufficient to lead it astray rity and repose in the absolute power of an with private and public felicity. Let it sim- from its duty and its interest. Antipathy in individual; and sooner or later the chief of ply be asked where is the security for prop- one nation against another disposes each some prevailing faction, more able or more erty, for reputation, for life, if the sense of more readily to offer insult and injury, to fortunate than his competitors, turns this religious obligation desert the oaths, which lay hold of slight causes of umbrage, and to disposition to the purposes of his own ele- are the instruments of investigation in be haughty and intractable when accidental vation on the ruins of public liberty. courts of justice? And let us with caution in- or trifling occasions of dispute occur. Hence Without looking forward to an extremity dulge the supposition that morality can be frequent collisions, obstinate, envenomed, of this kind (which nevertheless ought not to maintained without religion. Whatever may and bloody contests. The nation, prompted be entirely out of sight) the common and be conceded to the influence of refined edu- by ill will and resentment, sometimes impels continual mischiefs of the spirit of party are cation on minds of peculiar structure, reason to war the government, contrary to the best sufficient to make it the interest and the and experience both forbid us to expect that calculations of policy. The government duty of a wise people to discourage and re- national morality can prevail in exclusion of sometimes participates in the national pro- strain it. religious principle. pensity and adopts through passion what

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1034 CONGRESSIONAL RECORD — SENATE February 27, 2012 reason would reject; at other times, it makes any time resolve upon to be scrupulously re- 1793 is the index to my plan. Sanctioned by the animosity of the nation subservient to spected; when belligerent nations, under the your approving voice and by that of your projects of hostility instigated by pride, am- impossibility of making acquisitions upon representatives in both houses of Congress, bition and other sinister and pernicious mo- us, will not lightly hazard the giving us the spirit of that measure has continually tives. The peace often, sometimes perhaps provocation; when we may choose peace or governed me, uninfluenced by any attempts the liberty, of nations has been the victim. war, as our interest guided by justice shall to deter or divert me from it. So likewise, a passionate attachment of counsel. After deliberate examination with the aid one nation for another produces a variety of Why forgo the advantages of so peculiar a of the best lights I could obtain, I was well evils. Sympathy for the favorite nation, fa- situation? Why quit our own to stand upon satisfied that our country, under all the cir- cilitating the illusion of an imaginary com- foreign ground? Why, by interweaving our cumstances of the case, had a right to take— mon interest in cases where no real common destiny with that of any part of Europe, en- and was bound in duty and interest to take— interest exists and infusing into one the en- tangle our peace and prosperity in the toils a neutral position. Having taken it, I deter- mities of the other, betrays the former into of European ambition, rival-ship, interest, mined, as far as should depend upon me, to a participation in the quarrels and wars of humor, or caprice? maintain it with moderation, perseverence, the latter, without adequate inducement or It is our true policy to steer clear of per- and firmness. justification. It leads also to concessions to manent alliances with any portion of the for- The considerations which respect the right the favorite nation of privileges denied to eign world—so far, I mean, as we are now at to hold this conduct it is not necessary on others, which is apt doubly to injure the na- liberty to do it, for let me not be understood this occasion to detail. I will only observe tion making the concessions, by unneces- as capable of patronizing infidelity to exist- that, according to my understanding of the sarily parting with what ought to have been ing engagements (I hold the maxim no less matter, that right, so far from being denied retained and by exciting jealousy, ill will, applicable to public than to private affairs, by any of the belligerent powers, has been and a disposition to retaliate in the parties that honesty is always the best policy)—I re- virtually admitted by all. from whom equal privileges are withheld. peat it therefore, let those engagements be The duty of holding a neutral conduct may And it gives to ambitious, corrupted, or de- observed in their genuine sense. But in my be inferred, without anything more, from the luded citizens (who devote themselves to the opinion it is unnecessary and would be un- obligation which justice and humanity im- favorite nation) facility to betray or sac- wise to extend them. pose on every nation, in cases in which it is rifice the interests of their own country Taking care always to keep ourselves, by free to act, to maintain inviolate the rela- without odium, sometimes even with popu- suitable establishments, on a respectably de- tions of peace and amity towards other na- larity, gilding with the appearances of a vir- fensive posture, we may safely trust to tem- tions. The inducements of interest for observing tuous sense of obligation, a commendable porary alliances for extraordinary emer- that conduct will best be referred to your deference for public opinion, or a laudable gencies. Harmony, liberal intercourse with all na- own reflections and experience. With me, a zeal for public good, the base or foolish com- tions, are recommended by policy, humanity, predominant motive has been to endeavor to pliances of ambition, corruption, or infatu- and interest. But even our commercial policy gain time to our country to settle and ma- ation. should hold an equal and impartial hand: As avenues to foreign influence in innu- ture its yet recent institutions and to neither seeking nor granting exclusive favors merable ways, such attachments are particu- progress without interruption to that degree or preferences; consulting the natural course of strength and consistency which is nec- larly alarming to the truly enlightened and of things; diffusing and diversifying by essary to give it, humanly speaking, the independent patriot. How many opportuni- gentle means the streams of commerce but command of its own fortunes. ties do they afford to tamper with domestic forcing nothing; establishing with powers so Though in reviewing the incidents of my factions, to practice the arts of seduction, to disposed—in order to give to trade a stable administration I am unconscious of inten- mislead public opinion, to influence or awe course, to define the rights of our merchants, tional error, I am nevertheless too sensible the public councils! Such an attachment of a and to enable the government to support of my defects not to think it probable that I small or weak towards a great and powerful them—conventional rules of intercourse, the may have committed many errors. Whatever nation dooms the former to be the satellite best that present circumstances and mutual they may be, I fervently beseech the Al- of the latter. opinion will permit, but temporary, and lia- mighty to avert or mitigate the evils to Against the insidious wiles of foreign influ- ble to be from time to time abandoned or which they may tend. I shall also carry with ence (I conjure you to believe me, fellow citi- varied, as experience and circumstances me the hope that my country will never zens) the jealousy of a free people ought to shall dictate; constantly keeping in view, cease to view them with indulgence and that, be constantly awake, since history and expe- that it is folly in one nation to look for dis- after forty-five years of my life dedicated to rience prove that foreign influence is one of interested favors from another—that it must its service with an upright zeal, the faults of the most baneful foes of republican govern- pay with a portion of its independence for incompetent abilities will be consigned to ment. But that jealousy to be useful must be whatever it may accept under that char- oblivion, as myself must soon be to the man- impartial; else it becomes the instrument of acter—that by such acceptance it may place sions of rest. the very influence to be avoided, instead of a itself in the condition of having given Relying on its kindness in this as in other defense against it. Excessive partiality for equivalents for nominal favors and yet of things, and actuated by that fervent love to- one foreign nation and excessive dislike of being reproached with ingratitude for not wards it which is so natural to a man who another cause those whom they actuate to giving more. There can be no greater error views in it the native soil of himself and his see danger only on one side, and serve to veil than to expect or calculate upon real favors progenitors for several generations, I antici- and even second the arts of influence on the from nation to nation. It is an illusion which pate with pleasing expectation that retreat, other. Real patriots, who may resist the in- experience must cure, which a just pride in which I promise myself to realize without trigues of the favorite, are liable to become ought to discard. alloy the sweet enjoyment of partaking in suspected and odious, while its tools and In offering to you, my countrymen, these the midst of my fellow citizens the benign dupes usurp the applause and confidence of counsels of an old and affectionate friend, I influence of good laws under a free govern- the people to surrender their interests. dare not hope they will make the strong and ment—the ever favorite object of my heart, The great rule of conduct for us in regard lasting impression I could wish—that they and the happy reward, as I trust, of our mu- to foreign nations is, in extending our com- will control the usual current of the passions tual cares, labors and dangers. mercial relations, to have with them as little or prevent our nation from running the GEO. WASHINGTON, political connection as possible. So far as we course which has hitherto marked the des- United States, have already formed engagements, let them tiny of nations. But if I may even flatter my- 19th September 1796. be fulfilled with perfect good faith. Here let self that they may be productive of some Mrs. SHAHEEN. Mr. President, I sug- us stop. partial benefit, some occasional good, that Europe has a set of primary interests, gest the absence of a quorum. they may now and then recur to moderate The ACTING PRESIDENT pro tem- which to us have none or a very remote rela- the fury of party spirit, to warn against the tion. Hence she must be engaged in frequent mischiefs of foreign intrigue, to guard pore. The clerk will call the roll. controversies, the causes of which are essen- against the impostures of pretended patriot- The legislative clerk proceeded to tially foreign to our concerns. Hence there- ism—this hope will be a full recompense for call the roll. fore it must be unwise in us to implicate our- the solicitude for your welfare by which they Ms. MURKOWSKI. Mr. President, I selves, by artificial ties, in the ordinary vi- have been dictated. ask unanimous consent that the order cissitudes of her politics or the ordinary How far in the discharge of my official du- for the quorum call be rescinded. combinations and collisions of her friend- ties I have been guided by the principles The ACTING PRESIDENT pro tem- ships or enmities. which have been delineated, the public pore. Without objection, it is so or- Our detached and distant situation invites records and other evidences of my conduct dered. and enables us to pursue a different course. must witness to you and to the world. To If we remain one people under an efficient myself, the assurance of my own conscience f government, the period is not far off when is that I have at least believed myself to be MORNING BUSINESS we may defy material injury from external guided by them. annoyance; when we may take such an atti- In relation to the still subsisting war in The ACTING PRESIDENT pro tem- tude as will cause the neutrality we may at Europe, my proclamation of the 22d of April pore. Under the previous order, the

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1035 Senate will be in a period of morning The rhetoric is not necessarily ment that the President made when he business until 4:30 p.m. with Senators matching what we are seeing coming said: Some politicians see this—being permitted to speak for up to 10 minutes out of the administration. This is what higher oil prices—as a political oppor- each. is so disturbing to a person like me tunity. He repeated a quote that ‘‘Re- f who comes from an area where we have publicans are licking their chops,’’ and so much to give, so much to offer. stated, ‘‘Only in politics do people root ENERGY PRICES The President, in his words, said, for bad news.’’ Ms. MURKOWSKI. Mr. President, I ‘‘There are no quick fixes to this prob- Well, the people of my State are not rise today to speak about what people lem.’’ I agree. I absolutely agree. That rooting for bad news when it comes to all across the country are talking is why instead of focusing on what higher energy prices. I will tell you, I about; that is, the high price of energy, could be perceived as a quick fix, such am a little offended by the President’s what people are paying at the pump. I as releasing oil from the Strategic Pe- statement. I would invite him to come just returned from a week in Alaska. It troleum Reserve, we need to be focus- to Alaska, spend a week with me, go to is fair to say that in a State such as ing on the long-term solution. I keep where I was last Saturday in Fairbanks ours, that is as rich as we are with en- going back to 1995 when the House and where people are paying $4.29 for their ergy wealth, we are being killed by en- the Senate passed ANWR. It was vetoed home heating oil. My sister pays over ergy prices. by the President shortly thereafter. $1,000 a month for home heating fuel to So I wanted to comment on some of Prices at the pump back then were fill her tanks. She lives within 20 min- the statements the President made $1.07 at the pump. The average price utes of the Trans-Alaska Pipeline. You over the weekend and Friday when he today is $3.65. Think about where we can see it. You can drive by it, this line spoke to the country about energy. I would be if that action had not been that is half full, and it is not, again, have to tell you, I was pleased to hear vetoed; if the Alaska pipeline, which is because we are running out of re- the President say he is joining us in an now less than half filled, were at full sources. It is because we have been ‘‘all-of-the-above approach’’ to energy. capacity with oil coming out of ANWR. locked out of ANWR, we have been de- I think that is good news. It is cer- Just yesterday a colleague of ours layed on NPRA, and we are still wait- tainly something I have been saying from New York sent a letter to Sec- ing on OCS. There are certainly plenty ever since I arrived in the Senate. retary Clinton asking her to pressure It is about domestic production, it is of leases out there. But it is getting Saudi Arabia to pump more oil. In his the permits out of this administration about efficiencies and conservation, letter to the Secretary, he said, and it is about renewables. So that is that has been holding us back from I urge the State Department to work with doing more, from doing more to help good. We heard the President say we the Government of Saudi Arabia to increase need to be doing more with oil and gas. its oil production, as they are currently pro- the people of Alaska and to help the You are not going to find any disagree- ducing well under their capacity. people of this country. Last month I was out in Bethel in ment with me. Wind and solar, nuclear, Well, our pipeline is certainly well southwest Alaska. There was a native biofuels, efficiency, this is all good, but under capacity at 600,000 barrels a day. elder who came to a little gathering we the problem we are seeing is the words When we were pushing it through at had. He is from Eek, AK. He was telling coming from President Obama are not full tilt, we were over 2 million barrels me that he pays $7.46 for home heating matching his actions when it comes to a day. That is exactly what the Sen- fuel in the village of Eek. That is how what we can be doing with our own do- ator from New York has asked Saudi they stay warm. When I was there in mestic production. Arabia to do. We could be doing it from January, the average temperature for I will speak specifically to oil and Alaska. We could be doing it from this that month was about 20 degrees below gas. The actions coming out of the ad- country with our people gaining access zero. He said he has to buy his fuel 10 ministration, whether through this to our resources, and we are not doing gallons at a time because that is all he budget or through some of the other that. proposals pushing for higher taxes, The President said the Republican can afford. Then when he does not have higher royalties on the industry, when plan is just to drill, drill, drill. He said: any more money, he goes out looking we think about what goes on with the We hear this every year. Well, why do for fire wood for he and his wife. This oil and gas leases in the gulf, we have we hear this every year? We hear it be- gentleman, as I said, is an elder, prob- certainly seen the impact flow down cause it is part of the solution. It is not ably 70 years old. But that is how he is there. the whole solution, but it is part of the living. High energy prices for him are In Alaska, we have been pushing, solution, in addition to conservation, not an opportunity. Go up to Nome. All eyes of the Na- pushing aggressively for 4 years now to efficiency, renewables, and other areas tion were on Nome several weeks back get the OCS leases advanced through of our domestic production. But drill- when the Coast Guard cutter was es- exploration with Shell, not only 4 ing is part of the solution. It should corting the Russian fuel tanker, the years in the process but billions of dol- not just be part of the rhetoric. lars into a process. We are getting clos- The President said, and I would Renda, to get to Nome to provide fuel er, but we are not there yet. With the agree: for the community of Nome and the National Petroleum Reserve Alaska, an The American people are not stupid on surrounding villages because the win- area that has been designated by the this. They know that we are not just going ter ice had come in and the winter Congress to explore for production ac- to be able to snap our fingers and have oil barge had not been able to make it in tivity, it took almost 2 years to get a coming out of ANWR or having oil coming with the fuel. bridge across the CD 5, an area where out of the OCS in the Chukchi or the Beau- When I was in Nome that afternoon, we have an opportunity to continue fort. the price for gas at the pump was $5.43; our exploration—but 2 years to get a They know it takes a while. They the price for diesel was $5.99. simple permit for a bridge. know in some cases it might take dec- But it was projected that if they We all know ANWR has been locked ades to come. So why would we not weren’t able to fill their tanks, they up for decades now. There is incredibly start now? If we had started in 1995, would see the prices go up to over $9 a wealthy potential there. Look at the think about where we would have been. gallon. Think of what that does to your decision on the Keystone XL Pipeline He said, ‘‘There are no short-term sil- ability to live. Thankfully, the Coast coming out of this administration. ver bullets.’’ Once again, I agree. But Guard and the fine men and women When it comes to other areas that are there is a long silver bullet in Alaska, there were able to see that the commu- supposedly in ‘‘all of the above,’’ nu- and that is our Trans-Alaska Pipeline nity and the villages were taken care clear—as much as we might have hoped that has been moving oil for 30 years of. that this was enjoying a renaissance, now for this country. That silver bullet I was in Yakutat on Wednesday, a we have seen the decision on the shut- could be filled, and it would be helping small community that is not accessible down of Yucca Mountain from this ad- this country just as we are asking for by road, as most of our communities ministration, the issues as they relate help from Saudi Arabia. aren’t. There in Yakutat, they are pay- to access to uranium in certain parts of The statement that I think most ing 54 cents a kilowatt hour for energy. the country. upset me this weekend was the state- Most of their power is diesel-generated

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They are paying prevents many Americans from enjoy- also explains why people who win the $5.19 a gallon right now, but it is going ing their right to pursue happiness. lottery usually wind up depressed when up with the next fuel barge that comes While the President cloaks his rhet- they discover that the excitement of in. oric in the language of liberty—and being rich and buying things wears off Alaskans in villages who rely on die- often misconstrues quotations from fast. The same is true of recipients of sel for their power can pay between 40 Presidents Lincoln and Reagan in the other sources of unearned income. and 45 percent of their income for their process—his interpretations of key Studies show that welfare programs energy costs. Compare that to the rest American concepts and values are shal- don’t make people happier. We need of the country, where you are looking low, materialistic, and distortive of the them to help some people to subsist, at between 3 and 6 percent of your in- true American dream. but they don’t yield true happiness or come going toward energy. We are pay- We don’t need more government satisfaction because the money is not ing almost 50 percent in some of our interventionist and redistributionist earned. villages. policies, which reduce freedom, in If earned success is the path to happi- Mr. President, I don’t view high oil order to achieve greater measures of ness, public policies should be geared prices as a political opportunity and fairness and to pursue happiness. Hav- toward promoting opportunity and neither do my constituents. What we ing the government arbitrarily decide freedom for everyone. No economic view as an opportunity is the resource how much money should be taken from system does more to promote earned our State holds—a resource that we person A and given to person B is not success and freedom than free market continue to be denied access to that op- fair in any sense of the word, nor does capitalism. As social scientist Charles portunity. We learned late last week it make Americans happier. Indeed, Murray writes in his new book, ‘‘Com- that the USGS has come back with an even though America has become a ing Apart’’: estimate that the shale oil in Alaska much wealthier country during the last All the good things in life . . . require free- would come close to 2 billion barrels of few decades and average income is dom in the only way that freedom is mean- oil. ANWR’s estimate is about 10.6 bil- higher, studies show that happiness ingful: freedom to act in all arenas of life, lion barrels. In the OCS, we anticipate levels have remained unchanged. In coupled with responsibility for the con- over 26 billion barrels of oil. We have 1972, for example, 30 percent of Ameri- sequences for those actions. the resources. We have the ability to cans described themselves as happy. In In a true free market system, every- access the resources and to do so in an 2004, 31 percent of Americans described one is guaranteed equal rights and op- environmentally safe way. This needs themselves that way. That is because, portunities under the law, all individ- to be part of an all-of-the-above solu- contrary to what President Obama sug- uals and institutions play by the same tion, in addition to everything we do gests, the key determinant of lasting rules, and the government acts pri- with renewables and our efficiencies happiness and satisfaction is not in- marily as a neutral umpire, not a redis- and conservation. We must be doing come; rather, it is what American En- tributor of income or a venture capi- more domestically. Alaska holds the terprise Institute president Arthur talist. Property rights are upheld, con- opportunity. Brooks calls ‘‘earned success.’’ People tracts are enforced, and hard work is Again, I agree with the President are happiest when they have earned rewarded. As Brooks points out, free that there is no short-term fix, but if their income, whatever the level. When enterprise is the only economic system we don’t get started today, there is not the government tries to take all of the that addresses the root causes of pov- going to be a tomorrow for commu- trouble out of life by taking care of our erty by enlarging the economic pie nities such as Yakutat and Eek and every need, it makes earned success rather than allowing government offi- Bethel and Fairbanks. We have to get that much harder to achieve. cials and bureaucrats to decide how to started today. In his 2010 book ‘‘The Battle,’’ Brooks slice the existing one. I yield the floor. describes the connection between The President’s concept of fairness is The ACTING PRESIDENT pro tem- earned success and happiness: different from what most believe. I re- pore. The Senator from Arizona is rec- Earned success gives people a sense of cently read an anecdote that helps il- ognized. meaning about their lives. And meaning also lustrate the fundamental disagreement Mr. KYL. Mr. President, first let me is key to human flourishing. It reassures us about the difference between ‘‘fair’’ commend my colleague from Alaska that what we do in life is of significance and and ‘‘earned.’’ Two siblings are fighting value, for ourselves and those around us. To about who gets the last cookie. The who is seeing this battle of the high truly flourish, we need to know that the price of gasoline firsthand in a State ways in which we occupy our waking hours brother says he should get it because that could contribute greatly to the are not based on mere pursuit of pleasure or his sister has already had two and that country’s solution to the problem if money or any other superficial goal. We need is not fair. The sister responds that she the President and administration to know that our endeavors have a deeper helped make the cookies, so she earned would but let it. I was led on a trip by purpose. it. The brother believes it is fair to her father several years ago to the Earned success is attained not simply equalize rewards, regardless of effort. northern part of Alaska, where there through one’s vocation but also The sister beliefs in meritocratic fair- are huge untapped reserves that lit- through raising children, donating ness—that forced equality is unfair. erally, if they had been allowed to be time to charitable or religious causes, Those of us who believe in the ultimate sent to the lower 48 at that time, could and cultivating strong relationships fairness of the free market subscribe to have significantly ameliorated the with friends and family. That is why the sister’s view of meritocratic fair- problem we have today. I appreciate successful parents and more religious ness. She earned it. her comments. We will talk more about people tend to be very happy. Free market capitalism is the most that. The earned success that comes from fair system in the world—and the most f doing a job also explains why self-made moral. It is premised on voluntary millionaires and billionaires continue transactions that make both sides EARNED SUCCESS to work hard after they have earned happy by meeting their needs. Unfortu- Mr. KYL. Mr. President, President their fortunes. These people are driven nately, the past few years have shown Obama has ignited a national debate by the satisfaction that comes from us what unfair economic policies look about the meaning of fairness and creating, innovating, and solving prob- like. American values. In his campaign nar- lems. In many cases, they are making When the government picks winners rative, ‘‘fairness’’ means greater redis- products or providing services that im- and losers in the marketplace, it is tribution of income by the Federal prove our quality of life. They are not being unfair. When it rewards certain

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When it tist Church in Philadelphia, as a Mem- sidered leaving Franklin and Marshall shapes a corporate bailout to favor or- ber and leader in Congress, and with before graduation to join civil rights ganized labor over secured debtholders, the United Negro College Fund. protests in the South, Dr. King encour- as the Obama administration did in the Bill believes in the principle of a aged him to stay in school and to hone Chrysler bailout, it is being unfair. ‘‘whole ministry,’’ that the church the skills necessary to continue the When it plays venture capitalist and must tend to all the needs of its entire struggle later in life. This idea of edu- gives a taxpayer-funded $545 million congregation. Bill grew up learning cation as a key to African-American loan guarantee to a doomed company that the ministry was not just some- advancement would guide Bill for the such as Solyndra, it is being unfair. thing one did on Sunday morning but, rest of his life. When it makes the Tax Code even more rather, the action one took in the Bill graduated from Franklin and complex and even more tilted in favor streets on issues ranging from housing Marshall, and in 1966 he obtained a of special interests, it is being unfair. to economic justice to excellence in master’s degree in divinity at Drew When it adopts financial regulations education. Bill has called his position Theological Seminary and in 1970 a that institutionalize ‘‘too big to fail,’’ as pastor of the Bright Hope Baptist master’s degree in theology from putting taxpayers on the hook, it is Church the most important job he has Princeton Theological Seminary. While being unfair. I could go on, but you get ever had, one that cultivated the skills at Drew, Bill’s talents were recognized the point. Does anyone really think and priorities that have shaped his by the prestigious Union Baptist America’s economic system is ‘‘fairer’’ life’s work. Church in Montclair, NJ, and he was today than in January 2009? Today, I am proud to share some of later chosen to be a pastor there as Is it fair that, after the first 3 years the achievements that have resulted well. The King family presided over the of the Obama administration, the poor from Bill Gray’s dedication to a ‘‘whole installation ceremony. In his first parish, Bill Gray worked are poorer, the poverty rate is rising, ministry.’’ to serve the ‘‘whole community,’’ advo- the middle class is losing income, and Bill grew up in a family of educators cating aggressively for the needs of his 5.5 million fewer Americans have jobs and ministers who taught him the congregation and the community’s to do than in 2007? Is it fair that the value of both professions to empower others. He was born in the State of most vulnerable members. As the city three counties with the highest median of Montclair undertook urban renewal, family income happen to be located in Louisiana to parents who were both educators. His father was president of he helped to form a development cor- the Washington, DC, area? Finally, is poration to ensure that relocation re- it fair that the wealthiest 1 percent of two historically Black colleges: Flor- ida Normal and Industrial College and sulted in safe, decent housing for his Americans are constantly being at- parishioners and their neighbors. This tacked by the President even though Florida Agricultural and Mechanical School. His mother was both a high issue of housing hit Bill Gray person- they now pay nearly 40 percent of all ally when he tried to rent an apart- Federal income taxes and the richest 10 school teacher and served as dean of Southern University in Baton Rouge, ment while studying at Princeton and percent pay two-thirds of all Federal was told the unit was unavailable. He taxes? These are some of the questions LA. When Bill was 8 years old, his grand- sensed immediately that it was because Stephen Moore recently posed in the of his race, and he found a friend who Wall Street Journal. father passed away and the family moved from Louisiana back to Phila- was White who volunteered to go look If the President wants to continue at the apartment, at which point the claiming that his policies are fostering delphia, PA. There in Philadelphia, Bill’s father assumed his own father’s landlord said it was open. economic ‘‘fairness’’ and ignoring the Bill filed a lawsuit and for the first position as pastor of the Bright Hope virtues of the free enterprise system, time sought damages for the psycho- Baptist Church in north Philadelphia, then let the debate begin. logical impact of discrimination. While and Bill cemented his roots in that I suggest the absence of a quorum. the monetary award was small, his vic- The ACTING PRESIDENT pro tem- community. He has spoken of the pow- tory in the suit set a precedent that pore. The clerk will call the roll. erful impact of those years, moving those who discriminated based on race The assistant legislative clerk pro- from a region where Jim Crow laws could be held liable for monetary dam- ceeded to call the roll. reigned to a large northern city where ages. Mr. CASEY. Mr. President, I ask his family had strong ties to other cler- In 1971 Bill married Andrea Dash, unanimous consent that the order for gy and community leaders. Because of with whom he has raised three sons, the quorum call be rescinded. de facto segregation in housing at the William IV, Justin, and Andrew. In 1972 The PRESIDING OFFICER (Mr. time, north Philadelphia was a neigh- Bill’s father died unexpectedly and MANCHIN). Without objection, it is so borhood with African Americans from tragically, and the congregation of ordered. all walks of life, including many role Bright Hope Baptist Church called on f models for the young Bill Gray. Bill to return home as the new pastor. Hobson Reynolds across the street TRIBUTE TO WILLIAM H. GRAY, III Bill was reluctant to go back as the was the leader of the Elks. Cecil B. preacher’s son, but two church elec- Mr. CASEY. Mr. President, I rise this Moore, a future member of the city tions finally convinced him to return. afternoon to honor William H. Gray, council and head of the NAACP of He became the third generation of his III. Philadelphia, lived two doors down family to serve as pastor of Bright As I have every year since my elec- from Bill’s family at the time. Other Hope. Under his leadership, the con- tion to the Senate, starting back in neighbors included the renowned archi- gregation quickly grew to over 4,000 January 2007, I have come to the floor tect Frederick Messiah and Sadie Alex- souls. at this time of the year in commemora- ander, the first woman of any race to Bill also taught as a professor at Jer- tion of Black History Month. obtain a Ph.D. in economics in the sey City State College from 1968 to This year we are privileged to honor United States of America. 1969, St. Peter’s College in Jersey City a man whose outstanding accomplish- Of course, Dr. Martin Luther King, from 1970 to 1974, Montclair State Col- ments are of vital importance to Afri- Jr. was a frequent visitor to Bill Gray’s lege from 1970 to 1972, and Rutgers Uni- can Americans as well as to all of home at that time, as were Dr. King’s versity in 1971. He also continued his America. For his entire life Bill Gray parents who were close family friends important advocacy on fair access to has been a minister and a shepherd for of Bill Gray’s family. Both the elder housing, and he cofounded the Phila- his congregation, his constituents, his- and younger Kings as well as other delphia mortgage plan to help low-in- torically Black colleges and univer- ministers influenced Bill’s under- come individuals obtain homes. sities, and to all Americans in need of standing of the ‘‘whole ministry’’ and This dedication to helping his com- a stronger voice. I have known Bill encouraged his education and career as munity and concern about their wel- Gray for a quarter of a century, and I a minister. fare led him back to the political

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1038 CONGRESSIONAL RECORD — SENATE February 27, 2012 world. In 1976 Bill ran an underdog sionate spending was also critical and er education in the United States of campaign to challenge Congressman said: America. Bill’s success at the United Robert N.C. Nix, a long-time congres- A balanced budget is good for the country, Negro College Fund put higher edu- sional incumbent. Despite a close de- poor and the affluent alike. I seek a budget cation within reach and ensured feat in 1976, Bill launched another cam- that doesn’t sacrifice programs for the poor brighter futures for thousands of stu- paign in 1978 and successfully earned and minorities, one that is fair and equi- dents across America. nomination and election to Congress. table. We know, and those who know him The U.S. House of Representatives He produced budgets in line with his know, that Bill Gray has never rested provided another pulpit from which priorities, challenging opponents to and he is never satisfied with one job Bill could pursue his ‘‘whole ministry,’’ produce spending cuts that did not hit at a time. While leading the United and he did not squander the oppor- the most vulnerable. On the Foreign Negro College Fund, he was asked by tunity. He said: Affairs Committee, Bill championed President Clinton in 1994 to lead the ef- If you can pastor a black Baptist Church, aid for Africa and sponsored a bill to forts to restore democracy in Haiti. His maneuvering in Congress is easy. It’s noth- provide aid to African villages as well work there earned him the Medal of ing compared to the choir, the usher board, as appropriations to ensure minority- Honor from the President of Haiti. the deacon board. You run a volunteer orga- owned business participation in Afri- nization and you run it on persuasion. After leaving the Fund in the year can aid programs. Bill took a strong 2004, Bill started Gray Global Strate- Despite his lack of previous formal and early stand against the Ethiopian gies, Inc., and has served as director on political experience, after winning the Government and its role in making the multiple corporate boards including 1978 primary election Bill started famine worse. He was also a prominent Dell, JPMorgan Chase, and Pfizer. He working to persuade other Members of critic of the South African apartheid has also served as vice chairman for Congress from his party to support him regime. the Pew Commission on Children in in committee elections. Through dog- In 1991 Bill Gray made a bold transi- Foster Care and has served on the ged determination, thoughtful strat- tion to minister in a new way on a United States Holocaust Memorial egy, and a clear explanation of his topic of paramount importance to him, Council. He is currently the chairman goals, Bill earned himself the freshman his family, and others. Of course, that of Gray Global Strategies, a worldwide seat on the policy and steering com- topic was higher education. business consulting and government af- He said at the time, and I am mittee which sets committee assign- fairs strategies firm. ments for the party and influences pol- quoting: Bill Gray has said that he has ‘‘al- icy. This established him as a rising Woodrow Wilson used to say, ‘‘My con- ways been taught by my folk, parents, star and a friend to many other incom- stituency is the next generation,’’ and, you grandparents, that service is a sort of ing Members of Congress whom he know, that’s why I left Congress, because my the rent you pay for the space you oc- helped land desirable committee spots. constituency, really, is the next generation. cupy. And so, what I’ve tried to do is Bill obtained seats on the following He accepted the position as president direct my life towards service based on committees: the District of Columbia and CEO of the United Negro College faith and commitment and social jus- Committee, the Budget Committee, the Fund, the so-called UNCF, a philan- tice.’’ Foreign Affairs Committee, and later a thropic organization that helps more seat on the Appropriations Committee, than 60,000 minority students each year Well said by a great leader, Bill Gray. the Joint Committee on Deficit Reduc- to obtain a higher education. The In the Senate today we express our tion, and the House Administration United Negro College Fund not only gratitude for the excellent work of Committee. Leaders of the Congres- manages 400 scholarship and internship Rev. Bill Gray, Congressman Bill Gray, sional Black Caucus elected Bill Gray programs which benefit 10,000 students and you could add a few other titles as as its secretary, and in his second term but also provides operating funds for 38 well. We express that gratitude for the he served as the vice chairman of the historically Black colleges and univer- excellent work of his ‘‘whole min- caucus. sities. Tuition at these colleges aver- istry,’’ a commitment that has touched In Congress, he acquired a reputation ages 30 percent less than tuition at literally millions of men, women, and as a thoughtful, honest, and effective similar universities. children across the world. His vision leader in a diverse party, often building Bill Gray has said he wanted to sup- and achievements have reached far be- surprising alliances as he maintained port historically Black colleges and yond the walls of his church and the his commitment to budgets that pro- universities during a period when Capitol where we stand today. We vided for the neediest Americans. Black students were choosing to attend honor him on behalf of the people of Bill rose quickly through the ranks a wider range of colleges. During Bill’s the Bright Hope Baptist Church, the of leadership during his 12 years in 12 years as president and CEO of the U.S. Congress, historically Black col- Congress. In 1985 he assumed the chair- United Negro College Fund, his success leges and universities, and many more manship of the Budget Committee just in supporting these institutions was people around the world. We commend 6 years after the time he was elected. unprecedented—and that is an under- Bill Gray today. I congratulate him. Just a few years later, in 1988, he was statement. Bill sought innovative ways We look forward to seeing him with us elected to chair his party’s House cau- to attract new investment and increase today. cus, and then in 1999 he became the existing funding. By the time he left I yield the floor and suggest the ab- House majority whip, the third ranking the United Negro College Fund 12 years sence of a quorum. leadership in the House of Representa- later, Bill and his team had raised The PRESIDING OFFICER. The tives. more than $1.54 billion. To put this in clerk will call the roll. While serving in Congress, Bill re- context, UNCF had raised a total of The legislative clerk proceeded to mained an active minister, tightly con- $3.3 billion in its 67-year history. call the roll. nected with his district in Philadelphia He found new ways to solicit dona- Mr. LEAHY. Mr. President, I ask through his actions on the issues for tions, increase the amount of in-kind unanimous consent that the order for which he fought. I just happened to be contributions, and solicited from pre- the quorum call be rescinded. a constituent of Bill’s in 1982 and 1983 viously untapped foundations and indi- The PRESIDING OFFICER (Mr. when I was serving in the Jesuit Volun- viduals. TESTER). Without objection, it is so or- teer Corps in north Philadelphia, and I In 1999, Bill Gray secured a $1 billion dered. know at that time he returned to grant from the Bill and Melinda Gates Bright Hope Baptist Church twice a Foundation to advance minority stu- f month to preach, and in Congress he dents’ access to higher education in the supported the programs upon which his science, math, engineering, and edu- constituents and his congregation re- cation fields. This grant created the CONCLUSION OF MORNING lied. Gates Millennium Scholarship Pro- BUSINESS In a time of concern about fiscal dis- gram and marked the largest philan- The PRESIDING OFFICER. Morning cipline, Bill believed that compas- thropic donation in the history of high- business is closed.

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1039 EXECUTIVE SESSION his superior qualifications and bipar- Chief of the Criminal Division. Ms. tisan support, the Senate Judiciary Brodie has successfully prosecuted nu- Committee reported his nomination merous cases on matters ranging from NOMINATION OF MARGO KITSY last September unanimously, without a violent crimes and drug offenses to BRODIE TO BE UNITED STATES single Republican Senator dissenting. white collar crimes. She has also led DISTRICT JUDGE FOR THE EAST- His nomination, like so many others, public corruption cases, successfully ERN DISTRICT OF NEW YORK was then subjected to obstruction and prosecuting criminals who embezzled The PRESIDING OFFICER. Under delay. From the start of his term, Re- funds and tried to bribe government the previous order, the Senate will pro- publican Senators have applied a dou- agencies in her home state of New ceed to executive session to consider ble standard to President Obama’s York. the following nomination which the nominees. Senate Republicans have Ms. Brodie has the support of both clerk will report. chosen to depart dramatically from the her home state Senators and was re- The assistant editor of the Daily Di- long tradition of deference to home ported by the Senate Judiciary Com- gest read the nomination of Margo state Senators on district court nomi- mittee on October 6, 2011, without a Kitsy Brodie, of New York, to be nees. Instead, an unprecedented num- single dissent. She has demonstrated United States District Judge for the ber of President Obama’s highly-quali- her commitment to the rule of law, her Eastern District of New York. fied district court nominees have been legal abilities and knowledge of the Mr. LEAHY. Mr. President, am I cor- targeted for opposition and obstruc- law. It is past time for the Senate to rect that the order is such that the tion. That approach is a serious break confirm this outstanding African- vote will be at 5:30? from the Senate’s practice of advice American woman to the Federal bench. The PRESIDING OFFICER. The and consent. Since 1945, the Judiciary Margo Brodie is one of 20 judicial order is actually for 60 minutes of de- Committee has reported more than nominations approved by the Senate bate. 2,100 district court nominees to the Judiciary Committee still awaiting a Mr. LEAHY. Mr. President, I ask Senate. Of these 2,100 nominees, only final vote. Fifteen of these nomina- unanimous consent that the vote be at six have been reported by party-line tions have been pending since last year 5:30. votes—only six total in the last 65 and should have been confirmed before The PRESIDING OFFICER. Without years. Five of those six party-line votes the end of last year. Eighteen of these objection, it is so ordered. have been by Republican Senators nominees received strong bipartisan Mr. LEAHY. Mr. President, certainly against President Obama’s highly- support from the Senate Judiciary if the ranking member comes to the qualified district court nominees. In Committee. floor and wishes to change that, I fact, only 22 of those 2,100 district These nominees should be confirmed would not object. court nominees were reported by any without further delay. Now in the Earlier this month the Senate finally kind of split roll call vote at all, and fourth year of President Obama’s first ended a four-month and two-day fili- eight of those, more than a third, have term, the number of judicial vacancies buster of the confirmation of Judge been by Republican Senators choosing remains at 85. That is nearly double Adalberto Jordan and he is now the to oppose President Obama’s nominees. what they were at this point in Presi- first Cuban-American to serve on the President Obama’s nominees are being dent Bush’s administration. One hun- Eleventh Circuit. We also finally ended treated differently than those of any dred and thirty million Americans live the five-month filibuster of the nomi- President, Democratic or Republican, in circuits or districts with a judicial nation of Jesse Furman, a former coun- before him. vacancy that could be filled if Senate selor to Attorney General Mukasey, Despite his qualifications and bipar- Republicans would vote on judicial and he is now a confirmed Federal trial tisan supporters, Jesse Furman’s nomi- nominees that have already been voted judge in the Southern District of New nation was stalled for more than five on by the Senate Judiciary Committee York. months by Senate Republicans. When and are stalled awaiting final Senate The Majority Leader should not have the Majority Leader was able to break consideration. had to file cloture petitions for the through and schedule debate and a The Senate is more than 40 confirma- Senate to vote on these outstanding ju- vote, I saw something else I have not tions behind the pace we set con- dicial nominations. Senate Repub- seen until recently. Republican Sen- firming President Bush’s judicial nomi- licans have filibustered nine of Presi- ators who had supported the nomina- nees in 2001 through 2004. For the sec- dent Obama’s judicial nominations de- tion after studying it for months when ond year in a row, the Senate Repub- spite the fact that he has reached out it was before the Judiciary Committee lican leadership ignored long-estab- to both Republican and Democratic for a hearing and vote, flipped and lished precedent and refused to allow home state Senators and nominated changed their votes. votes before the December recess on qualified, ideologically moderate men In total, 34 Republican Senators the nearly 20 consensus judicial nomi- and women to fill vacancies on our voted against this highly-qualified nees who had been favorably reported Federal courts. nominee. I am at a loss as to why. It by the Judiciary Committee. Before I turn to the nomination of appears that Senators decided to ig- Ultimately, it is the American people Margo Brodie, another nomination nore Jesse Furman’s record and be who pay the price for Senate Repub- that should have been confirmed last swayed by mischaracterizations of a lican’s unnecessary and harmful delay year after being reported by the Senate brief he had written in a religious free- in confirming judges to our Federal Judiciary Committee unanimously in dom case or by something he wrote as courts. It is unacceptable for hard- October, I want to spend a moment re- an 18-year old freshman in college. I working Americans who are seeking flecting on Senate Republicans’ treat- urge Senators, as I have for years, not their day in court to find seats on one ment of Jesse Furman. Judge Furman to listen to the extreme special inter- in 10 of those courts vacant. When an was a Federal prosecutor who also ests but to make their own judgments. injured plaintiff sues to help cover the served as a top legal advisor to Attor- I suspect that in this case it was the cost of medical expenses, that plaintiff ney General Michael Mukasey during last-minute campaign by narrow spe- should not have to wait for years be- the George W. Bush administration. He cial interests groups that accounted for fore a judge hears his or her case. When was involved with the prosecutions of the number of negative votes. two small business owners disagree the Times Square bomber, the infa- Today the Senate will vote on the over a contract, they should not have mous Russian spies, and a Pakistani confirmation of another highly-quali- to wait years for a court to resolve scientist with ties to Al Qaeda whose fied, consensus nominee to the Federal their dispute. actions were responsible for the 1998 bench. Margo Brodie has practiced law I, again, urge Senate Republicans to bombings of the U.S. embassies in for 20 years including working as a stop the destructive delays that have Kenya and Tanzania. He has impec- Federal prosecutor in Brooklyn for the plagued our nominations process. I cable credentials including having last 12. She has risen from the ranks of urge them to stop the slow-walking of clerked for Justice David Souter on the Assistant U.S. Attorney to Deputy highly-qualified, consensus nominees. United States Supreme Court. Based on Chief of General Crimes to Deputy The American people deserve no less.

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1040 CONGRESSIONAL RECORD — SENATE February 27, 2012 Mr. GRASSLEY. Mr. President, confirmation of Margo K. Brodie to the Milburn, founded in 1854 and known for today we turn to the nomination of United States District Court for the alums that include Franklin D. Roo- Margo Brodie to be U.S. District judge Eastern District of New York. sevelt. for the Eastern District of New York. Frankly, at this point, all of our Ms. Brodie returned to public service This will be the 69th judicial nominee nominees deserve special attention. in 1999 by joining the United States At- of President Obama which the Senate With one out of 10 seats on the Federal torney’s Office in the Eastern District has confirmed during this Congress. bench still vacant, and with 14 nomi- of New York, one of the preeminent Overall, more than 70 percent of Presi- nees with strong bi-partisan support U.S. Attorney’s offices in the Nation. dent Obama’s judicial nominees have pending since last year, we should be She rose to become Deputy Chief and been confirmed. focused today on confirming more than then Chief of the General Crimes Unit, We continue, on the Senate floor and one nominee. However, Margo Brodie’s where she trained more than half of the in the Judiciary Committee, to work nomination is of singular importance current AUSA’s in the Eastern Dis- together to reduce the number of judi- to my fellow New Yorkers, and to this trict. Since 2010, she has been the dep- cial vacancies. We have held 21 nomi- country. uty chief of the Criminal Division, su- nations hearings during this Congress, First—to put it simply her presence pervising all 100-plus criminal AUSAs with 80 judicial nominees appearing at is desperately needed on one of the in cases involving public corruption, those hearings. All in all, over 85 per- busiest benches in the country, one civil rights, business and securities cent of President Obama’s judicial that handles some of our most impor- fraud, terrorism, organized crime, nar- nominees have received a hearing. We tant cases. cotics, and many other areas. Second, Margo Brodie will be, by all will hear from additional judicial Ms. Brodie has also lent her consider- accounts, the first Caribbean-born nominees later this week. able talents to training prosecutors So even as we continue to hear con- nominee in our Nation’s history to be and law enforcement officers on the cerns about the judicial vacancy rate confirmed to an Article III court. rule of law in many developing coun- and claims of obstructionism, I would As I’ve said many times, I look for tries. She spent 10 months in Nigeria as note we are making progress as we con- three qualities in judicial candidates: a legal advisor on behalf of the DOJ’s tinue to confirm judicial nominees. excellence, moderation, and diversity. overseas training program, and has But let me emphasize again that for When excellence and moderation are conducted and assisted in human traf- more than half of the vacancies, in- both present in a candidate—as they ficking training for prosecutors in the cluding those designated as ‘‘judicial are with Ms. Brodie—diversity is a Bahamas, Jordan, Swaziland, and Tan- emergencies,’’ the President has failed bonus: a bonus that benefits the bench, zania. to submit a nomination. So critics the community, and Americans every- need to look at the beginning of the where who might otherwise think that In a short while, Ms. Brodie will be process when commenting on vacan- this kind of public service, or even a confirmed as a Federal judge—an honor cies. law degree, was beyond their reach. In she deserves and a position that she I would like to say a little about our fact, I think that a candidate like Ms. has more than earned. I am proud to nominee today. Ms. Brodie earned a BA Brodie is especially well-qualified for a have supported her nomination, and to from St. Francis College in 1988, and lifetime appointment to the court. vote for her today. her JD from the University of Pennsyl- She has chosen to make her home in Mr. LEAHY. Mr. President, have the vania School of Law in 1991. She began this country, and in the neighborhoods yeas and nays been ordered? her legal career as an assistant cor- served by this court in the Eastern Dis- The PRESIDING OFFICER. They poration counsel for the City of New trict of New York—and she has already have not. York in 1991. In this role, she defended graced her community with out- Mr. LEAHY. Mr. President, I ask for city agencies and officials in the per- standing and dedicated service. In 1996, the yeas and nays. formance of their duty to manage mu- Ms. Brodie became a citizen of the The PRESIDING OFFICER. Is there a nicipal affairs. United States in the very court house sufficient second? There is a sufficient In 1994, Ms. Brodie became an asso- where she would serve as a judge. I second. ciate with Carter, Ledyard & Milburn, can’t think of a more fitting candidate The question is, Will the Senate ad- representing clients in various types of to serve the people in Brooklyn, vise and consent to the nomination of civil litigation. Queens, Long Island, and all the com- Margo Kitsy Brodie, of New York, to be Since 1999, Ms. Brodie has served as munities in between than someone who United States District Judge for the an assistant U.S. attorney with the pledged her allegiance to this country Eastern District of New York. Eastern District Court of New York. just footsteps from where she will up- The clerk will call the roll. From May 2005 to March 2006, she hold the rule of law in her chosen coun- The assistant editor of the Daily Di- served as a legal advisor to the Inde- try. gest called the roll. pendent Corrupt Practices and Other Ms. Brodie’s story is a classic immi- Related Offices Commission, ICPC, in grant’s story—one that is born from Mr. DURBIN. I announce that the Nigeria. From 2006 to 2009, she super- our country’s finest and deepest tradi- Senator from Iowa (Mr. HARKIN), the vised new AUSAs in the General tions. It’s a story that speaks to our Senator from Hawaii (Mr. INOUYE), the Crimes Section in roles as deputy chief acceptance of people from all over the Senator from Louisiana (Ms. LAN- and chief. In October 2009, she became world who want to come to the United DRIEU), the Senator from New Jersey the counselor to the Criminal Division States to work hard, prosper, and be- (Mr. LAUTENBERG), the Senator from of the U.S. Attorney’s Office. In her come a part of our social fabric. Missouri (Mrs. MCCASKILL), and the current position as deputy chief of the Ms. Brodie was born in St. John, An- Senator from Michigan (Ms. STABE- Criminal Division, she supervises over tigua. She and her brother Euan were NOW), are necessarily absent. 100 Criminal Division AUSAs in the raised by a single mother, with the Mr. KYL. The following Senators are areas of public corruption, civil rights, help of her mother’s parents and 14 sib- necessarily absent: the Senator from terrorism, organized crime, gang vio- lings. After graduating from high Oklahoma (Mr. COBURN), the Senator lence, narcotics trafficking, and busi- school at the age of 16, she attended St. from Oklahoma (Mr. INHOFE), the Sen- ness and securities fraud. She also ad- Francis College in Brooklyn, where she ator from Illinois (Mr. KIRK), the Sen- vises the office on legal policy and worked full time and graduated magna ator from Arizona (Mr. MCCAIN), the management issues. cum laude. Senator from Ohio (Mr. PORTMAN), and Ms. Brodie has received a majority: She went on to the University of the Senator from Louisiana (Mr. VIT- ‘‘Qualified;’’ minority: ‘‘Well Quali- Pennsylvania Law School. After grad- TER). fied’’ rating from the American Bar As- uating from law school, Ms. Brodie The PRESIDING OFFICER (Mrs. sociation’s Standing Committee on the worked for the New York City Law De- HAGAN). Are there any other Senators Federal Judiciary. partment for three years, where she in the Chamber desiring to vote? Mr. SCHUMER. Mr. President. I rise learned how to litigate cases. She then The result was announced—yeas 86, today in strong support of the historic spent five years at Carter, Ledyard & nays 2, as follows:

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1041 [Rollcall Vote No. 23 Ex.] that they can’t do their jobs unless we any further in debt than we already YEAS—86 do our jobs well. So tonight what some are. Why can’t you all do the same Akaka Enzi Murkowski of us thought we would do, on the thing? ‘‘You all,’’ talking about us. Alexander Feinstein Murray Democratic side and the Republican A few days earlier in Dublin, GA, a Ayotte Franken Nelson (NE) side, is apply a management principle great, prosperous town in south Geor- Barrasso Gillibrand Nelson (FL) gia, a similar question was asked by a Baucus Graham that is called ‘‘catching people doing Paul Chamber of Commerce director who Begich Grassley Pryor things right.’’ Bennet Hagan Reed We believe the majority leader and couldn’t understand why the Federal Bingaman Hatch Reid the minority leader, Senator INOUYE, Government and the Congress of the Blumenthal Heller Risch the chairman of the Appropriations United States could not wrap their Blunt Hoeven Roberts Boozman Hutchison arms around fiscal responsibility, have Rockefeller Committee, and Senator COCHRAN, the Boxer Isakson Rubio ranking member, are doing things ex- a budget, and have appropriations acts Brown (MA) Johanns Sanders that come to the floor, are debated, are Brown (OH) Johnson (SD) actly right when they say it is their in- Schumer Burr Johnson (WI) tention to try to move all 12 of our ap- amended, and the spending of the Cantwell Kerry Sessions United States of America’s government Shaheen propriations bills through the Appro- Cardin Klobuchar priations Committee and get them to is spent like the households of the Carper Kohl Shelby Snowe the floor so we can deal with them be- United States of America have to spend Casey Kyl their money. Chambliss Leahy Tester fore the next fiscal year starts. We are Thune So I commend Senator ALEXANDER Coats Levin here not just to compliment them but Cochran Lieberman Toomey and Senator PRYOR for bringing this to to pledge to them our support in help- Collins Lugar Udall (CO) the floor, and I want to commend our Udall (NM) ing them achieve that goal. Conrad Manchin leaders for making affirmative state- Coons McConnell Warner There are many important reasons ments about the desire to bring the 12 Corker Menendez Webb we should do that, but basically it is Cornyn Merkley Whitehouse appropriations bills to the floor of the our constitutional responsibility to ap- Crapo Mikulski Wicker Senate, debate them, let us amend Durbin Moran Wyden propriate money. It is a time when we them, and let us bring them together. NAYS—2 need to save every penny we can. This If you think about it, in the last 3 is our best opportunity for oversight, DeMint Lee years we have had a situation where we and it is also good management, and it either had continuing resolutions or NOT VOTING—12 allows the Senate to do what the Sen- omnibus appropriations. During a dif- Coburn Kirk McCaskill ate ought to do, which is consider leg- ficult period of time where we have had Harkin Landrieu Portman islation, have a hearing, ask questions, Inhofe Lautenberg Stabenow deficits of $1.3 trillion to $1.5 trillion, Inouye McCain Vitter cut out what ought to be cut out, add we haven’t taken the time to debate what ought to be added, vote on it, The nomination was confirmed. how we are spending our money, where bring it to the floor, amend it, debate The PRESIDING OFFICER (Mrs. we are spending our money, and doing on it, and pass it or defeat it. That is HAGAN). Under the previous order, a it in the context of what we call on the what we should be doing. Only twice motion to reconsider is considered floor regular order. In fact, it is not since 2000 has this Senate actually con- made and laid on the table. The Presi- hard to understand why only 11 percent sidered every single one of the 12 ap- dent will be immediately notified of of the American people view the Con- propriations bills. Only twice, in 2001 the Senate’s action. gress as favorable, because they can’t and 2005. So it has been 7 years since understand our inability to do what f we considered every single one of the they have to do themselves. The IRS LEGISLATIVE SESSION appropriation bills, which is our most doesn’t take excuses on April 15 if you basic responsibility: appropriate and are not ready. You have got to be The PRESIDING OFFICER. The Sen- oversight. ate shall resume legislative session. ready. If you are a business and you That is why we are here tonight. Our file as an LLC or a sub S corporation, f leaders have said this is what their in- on the 15th of January, the 15th of MORNING BUSINESS tention is. We are here to say: You are April, the 15th of June, and the 15th of right. Congratulations. We compliment September, you file a quarterly tax re- The PRESIDING OFFICER. Under you, and we are here to help you suc- turn; and if you don’t, you are held ac- the previous order, there will be a pe- ceed. Because it is very difficult for our countable. riod of morning business up to 60 min- leaders to succeed if they don’t have We are now going into our fourth utes, equally divided and controlled by any followers making it possible for year, and it looks as though for the Senators PRYOR and ALEXANDER. them to achieve their goals. first time in the last 3 years we are The Senator from Tennessee. I would defer to Senator ISAKSON and going to have debate on the floor of Mr. ALEXANDER. Madam President, then to Senator PRYOR. how we spend the American people’s I ask unanimous consent that Senator The PRESIDING OFFICER. The Sen- money. I commend Senator ALEXANDER PRYOR and I and designated Senators ator from Georgia. and Senator PRYOR, and I thank our be allowed to speak in a colloquy. Mr. ISAKSON. I thank Senator ALEX- leadership for making the statement of The PRESIDING OFFICER. Without ANDER for giving me a moment on the the desire to do so. I have already seen objection, it is so ordered. floor. Senator INOUYE and I have already seen f It is ironic that when I received the Senator COCHRAN working diligently in call last week asking if I would partici- MAKING THE SENATE WORK the basic appropriations subcommit- pate in this colloquy, I was traveling tees to see to it that those bills come Mr. ALEXANDER. Madam President, my State doing townhall meetings. I to the floor. I think it is time we do some of the Senators on the Repub- was near Ooltewah, TN, on Thursday our business just as the American peo- lican side have other appointments to night, north of Dalton, GA, and Murray ple do their business, and I commend make, so I am going to defer my re- County. We had a townhall meeting, Senator ALEXANDER and Senator marks until the end of the colloquy. and this fellow in the back of the room PRYOR for calling for this colloquy to- What I will do is first state why we raised his hand when it came time for night. are here; second, go to Senator ISAK- questions. The PRESIDING OFFICER. The Sen- SON, then we will go to Senator PRYOR, He said: Mr. ISAKSON, I have got a ator from Arkansas. and then back to Senator COLLINS, if question for you. I said: What is that? Mr. PRYOR. Madam President, since we may. He said: Last night, my wife and I we have other Senators on the floor, Madam President, our leaders—the amended our budget that we estab- what I would like to do is withhold my Democratic leader, the majority leader lished in December for this year be- comments until a few of our other col- and the Republican leader—sometimes cause some things have not gone so leagues have a chance to speak, if that get criticized. They have hard jobs, and well, and we had to recast how we are would be permissible to Senator ALEX- we recognize that. We also recognize spending our money so we wouldn’t go ANDER?

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1042 CONGRESSIONAL RECORD — SENATE February 27, 2012 Mr. ALEXANDER. Madam President, faith of the American people in this in- some accommodation to try to start a I appreciate the courtesy of the Sen- stitution. new way of business, and the first step ator from Arkansas. The Senator from Let me conclude my remarks by of that business should be having us, in Maine is here. She has another ap- thanking Senator ALEXANDER and Sen- a fair and orderly process, debate ap- pointment, and I await hearing what ator PRYOR for initiating this colloquy propriations bills, make those hard she has to say. tonight. This is the way we can come choices, and move on. The PRESIDING OFFICER. The Sen- together, and America will be better I again thank my colleagues for their ator from Maine is recognized. for it. courtesy but particularly thank the Ms. COLLINS. Madam President, Mr. ALEXANDER. Madam President, Senator from Tennessee and the senior first let me thank the Senator from Ar- I see the Senator from Virginia, Mr. Senator from Arkansas for bringing us kansas and the Senator from Tennessee WARNER, has arrived. He, with Senator together on the floor to lend our for their usual courtesies but also for PRYOR, has been very active in the last voices. This might even be like a vol- organizing this colloquy on the Senate several months in working across party unteer fire department where Members floor this evening. I am very pleased to lines to try to make the Senate func- of the Senate can rush down on an join my colleagues as we talk about tion more effectively. I would leave it issue of importance. I heard the call the goal of taking up the fiscal year to Senator PRYOR as to what comes that there were Senators down here 2013 appropriations bills in what we in next. talking on this important issue, and I the Senate call the regular order. Mr. PRYOR. If it is agreeable with am glad to add my voice to it. What does that mean? As the Pre- the Senator from Tennessee, I will ask I yield the floor. siding Officer is well aware, that means the Senator from Virginia to say a few Mr. ALEXANDER. I congratulate the we would bring up each of the indi- words. We understand he has a pressing Senator from Virginia, who has worked vidual bills, they would be open to full engagement. I don’t think there is any- in many different ways to try to get a and fair debate, they would be amend- thing more pressing than when it is result here. People say: I see your goal ed, they would be voted on, and we your wife’s birthday, so he would like is to try to be more bipartisan. My goal would avoid having some colossal bill to say a few words, if that is agreeable is not to be more bipartisan, my goal is at the end of the year that combines to the Senator from Tennessee. to get a result. I learned in the public all the appropriations bills. Those bills The PRESIDING OFFICER. Without schools of Maryville, TN, how to count, are often thousands of pages in length. objection, it is so ordered. and if you need 60 votes to succeed and Mr. WARNER. Madam President, I A lot of times some of the provisions we have only 47 over here and only 53 thank the Senator from Arkansas and have not had the opportunity to be over there, we have to find some things my good friend from Tennessee for ini- thoroughly vetted. They really are not we agree on if we are ever going to get tiating this effort. Again, as a rel- very transparent. They contribute to a result. We can start with these appro- atively new Senator—in fact, I jumped the public’s concern about the way we the line. I apologize. As the Presiding priations bills, which are our basic do business here in Washington. Officer would support, it is only in the work. I too join in commending the major- Not only is the senior Senator from interest of family values; if I were not ity leader, the Republican leader, the Arkansas here today, having been a getting to my wife’s birthday in about chairman of the Appropriations Com- part of these discussions to try to help 30 minutes, I would be able to give mittee, and the vice chairman of the the Senate be a more effective institu- more extended remarks. Appropriations Committee for their As a Senator who has only had the tion, so is the other Senator from Ar- commitment to try to work together in opportunity to serve in this body for 3 kansas. I look forward to hearing his a bipartisan fashion so each and every years, I hear my more senior col- remarks. I thank him for his leader- one of the appropriations bills can be leagues talk about the old days or the ship. brought before the full Senate so that days when the Senate took up in an or- Mr. BOOZMAN. Madam President, I we can work our will on each of these derly fashion the business of the people am also here tonight to compliment bills. I suggest that it is important to and debated it in vigorous fashion but my Senate colleagues, Senators INOUYE the Senate as an institution that we came to conclusion on issues that con- and COCHRAN, and the members of the achieve this goal. It is also important fronted the country. We have done Appropriations Committee as well as for the American people to see that we some of that in the years when I came Majority Leader REID and Republican can carry out our constitutional re- in with the Presiding Officer. There Leader MCCONNELL as they commit to sponsibility. Most of all, it is impor- were issues of major importance that do their best to pass all 13 appropria- tant for restoring trust in government we have debated. But too often in re- tions bills. I also thank the senior Sen- that we work together in an open and cent times, we have not had the favor ator from Tennessee and my senior bipartisan manner to establish prior- of those kinds of debates. Senator from Arkansas for making this ities, to make the tough spending deci- While we can disagree about many of possible. sions that will be required, and to com- the grave issues of the day, as a former I do think it is very important. Each plete on time the work the Constitu- businessperson, I know there is nothing one of us in this Chamber owes it to tion requires of us. more important than to give predict- the American people to work together I believe it is important to remember ability to the enterprise we call the to help our country today and build a that these bills make important invest- Federal Government. The way we do path for success in the future. Our ments in research, economic develop- that is by passing spending bills—the Founding Fathers laid the foundation ment, infrastructure, our national de- appropriations bills—where hard that allows the Senate to function ef- fense, education, and health care, and choices are made about which pro- fectively and efficiently, but it re- that these bills not only create jobs grams to fund, which programs not to quires working together. The American now when they are needed most but fund. people are tired of the finger-pointing also establish the foundations for fu- Like my friend the Senator from that has stalled much of the work they ture growth. Tennessee and both Senators from Ar- sent us here to do, but today I am Just as important to our economic kansas and the Presiding Officer, I hopeful that we are seeing the light at future is the need to rein in Federal have enormous concerns about our debt the end of the tunnel which starts with spending. Our work must continue to- and deficit. We are going to have to trying to enact all 13 appropriations ward the goal of getting our national make hard choices. But if we are going bills through a regular process this debt under control. to make those choices, we need a full year. The best way for us to achieve these and vigorous debate, a debate where I again applaud Majority Leader goals is for each and every one of the amendments are offered, where proce- REID, Republican Leader MCCONNELL, appropriations bills to come before the dural tactics are not used to slow that Senators INOUYE and COCHRAN, and also full Senate and for us to work our will debate, and where the will of the Sen- the members of the Appropriations on those bills. That is the way the Sen- ate is enacted. Committee for agreeing to do their ate should operate. It is the way we I understand that the majority leader very best to move the appropriations must operate in order to restore the and the Republican leader have reached bills forward.

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1043 Determining how we spend our hard- though he has been here a short time, ship. I think we see our leaders acting earned taxpayer dollars is the basic re- his presence has definitely been felt in like leaders and trying to get things sponsibility for Congress. We know the Senate already, and I look forward moving for the fiscal year 2013 appro- tough choices will have to be made on to working with him as long as we are priations bills, but I must say we all the appropriations bills, but moving both here. I really appreciate him recognize this is easier said than done. forward is the right decision. This is an being here tonight because the hour is We all know that. I want them to know important step to reducing government late in Washington. It is after 6:30 now, they have many, many of their col- spending and helping to balance our and I appreciate him carving out some leagues who support them in this goal budget while investing in programs time. of getting all of the appropriations upon which Americans have come to Article I, section 9 of the U.S. Con- bills done as we should. rely. Moving forward on these bills re- stitution simply states that ‘‘no money We have two very respected and ac- turns the Senate to its proper function shall be drawn from the Treasury, but complished Senate leaders here on the and provides a framework of spending in consequence of appropriations made floor, but we also have two very accom- so the American people can see and un- by law.’’ Like a lot of things in the plished and respected Senators who run derstand where their hard-earned Constitution, it is a fairly simple state- the Appropriations Committee. We money is going, as the Senator from ment, but it is loaded with importance. could all talk a long time tonight Georgia alluded to earlier. We can all talk about this clause as a about the chairman and ranking mem- In recent days Members of Congress power given to Congress in the Con- ber, and I am confident that if as a have worked together to find solutions stitution, and I think that is true, but Chamber we stand behind them and to the troubles Americans are facing. I also classify it as a responsibility. stand behind the two leaders, we can This level of cooperation was evident As a congress, it is our responsibility break this cycle of inaction here in the in headlines. One newspaper reported to write annual appropriations laws to Senate. that ‘‘Washington is talking again.’’ fund the government’s commitments to The good news for this year is that This should not be the exception. This its citizens. It is our responsibility to we have already enacted into law our needs to be the rule. do that. The principle of an appropria- top-line spending number—in technical I am hopeful that the agreement on tion is a basic rule of governing, and I terms, people call that a 302 A alloca- moving forward with the appropria- think a lot of people would agree that tion—so we know how much money we tions bills through our regular process we have lost sight of many of the ba- can spend on discretionary programs sets a new trend that will become a sics around here. I believe the basics under the law. We passed that law last standard. I can see from the people who are important, and I would like to get year. Even though we didn’t pass a have spoken before me tonight and back to them, which includes the Sen- budget resolution, we did pass the those who are waiting to talk that ate—and hopefully the House—passing Budget Control Act, and that total for there is widespread bipartisan support the annual appropriations bills through spending is $1.047 trillion, and that is for these efforts to continue. what we call the regular order. $686 billion for security building and Our leaders’ efforts show the proper This is where I wish to thank the two $361 billion for nonsecurity. This was way for the Senate to function, and I leaders, Senator MCCONNELL and Sen- supported by 74 Members in this Cham- encourage all of my colleagues to come ator REID, because they have a com- ber, 269 Members down the hall in the together, not only to help move for- mitment. They have committed to House, and it was signed into law by ward on these bills, but also, as we each other—with the chairman and the the President. It is now the law of the work through regular order of the Sen- ranking member of the Appropriations land, so we now have our top-line ate, that will help us get our economy Committee—that we will try to get spending numbers in law, and hopefully and our country back on track. back to regular order and do things the that will help us jump-start the fiscal I again thank our senior Senator way we should be doing them around 2013 spending appropriations process from Tennessee and my senior Senator here and should have been doing them regardless of what happens to the budg- from Arkansas. around here all along. et resolution, which, by the way, to- Mr. ALEXANDER. Madam President, Regular order is something we talk tally supports getting a budget resolu- before we go to the senior Senator from about in this Chamber, but it is some- tion passed. Nonetheless, we have this Arkansas, I wish to thank Senator thing many Members of the Senate, un- already in law for this year. BOOZMAN for his comments and his at- fortunately, have never experienced. I would like to end by saying that I titude. I am not a bit surprised that, Last year the Senate Appropriations believe we can pass all 12 appropria- since he arrived here, he has been a Committee dutifully passed all 12 indi- tions bills this year, and I think we can very constructive force in the Senate, vidual appropriations bills. Yet, when do it in a way that gives us ample op- interested in results. He was a member they came to the floor, gridlock struck portunity for input, debate, and a of the University of Arkansas football and the Senate was not able to pass chance to amend. Whether or not we team back in the early 1970s, and he these one by one as we should have. In will pass all 12 spending bills on time knows what a team is. He knows that if fact, the last time we passed them one this year will depend on whether Mem- the quarter back calls a play and ev- by one was in the year 2006, and even in bers of Congress will have the will to erybody runs in a different direction, that year the Congress did not get get it done. I think the American peo- nobody scores. them done on time. ple want us to get it done. They want It is good to have him here. He is an What the leaders are talking about to see us work together. excellent Member of the Senate. I now is getting them moving through Madam President, if I could ask a thank him for his participation tonight the appropriations subcommittee and question of the Senator from Tennessee and yield to the Senator from Arkan- the full committee and bringing them through the Chair, I would like to get sas. to the floor. As we say in regular order, his reflections, because Senator ALEX- The PRESIDING OFFICER. The Sen- let the Senate debate, amend, and vote ANDER has been around this place for a ator from Arkansas is recognized. on these as we go. Hopefully we will long time, going back to Senator How- Mr. BOOZMAN. The only thing I get all of these done on time and in the ard Baker, who was one of the legends would say is that Senator PRYOR re- normal order, as we should. The last in the Senate, and Senator ALEXANDER minds me that I was a Razorback two time Congress completed all of the ap- was able to work with him and for him stadiums ago. propriations bills one by one and on and see the Senate as it ran differently The PRESIDING OFFICER. The Sen- time was in fiscal year 1995. So we have back in those days. ator from Arkansas. not done a very good job, and this is Madam President, I would like to ask Mr. PRYOR. Madam President, I one of the things that I think really through the Chair why Senator ALEX- likewise wish to thank Senator BOOZ- frustrate the American people. It is be- ANDER thinks it is so important that MAN. He keeps calling me the senior yond time that we get serious about we get our appropriation bills back on Senator. We are partners. He does this responsibility. track. great work for the State of Arkansas, Here again I wish to thank Senators The PRESIDING OFFICER. The Sen- and I appreciate his leadership. Al- REID and MCCONNELL for their leader- ator from Tennessee.

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I will answer his ques- light of day, amend them, vote on also means the Senate and the House tion to the best of my ability. them, and pass them or reject them. are going to have to come together and I suppose some people may be watch- That is what we do, as Johnny Cash have conferences that actually work so ing and say what we are talking about said about his 200 nights on the road, we can get legislation passed—in the is a lot of ‘‘inside baseball.’’ Well, it and we should be doing it. case we are talking about right now, would be like telling a bunch of people The idea that we have not taken getting the 12 appropriations bills that talking about singing at the these 12 appropriations bills and passed. Grand Ole Opry is ‘‘inside baseball.’’ brought them to the floor but 2 times When I was in the North Carolina This is what we do. since the year 2000 is a bad com- Senate, I was one of the cochairs of the I went out to see Johnny Cash at the mentary on this body. It means it Budget Committee. We know how to do House of Cash when I was Governor of doesn’t function the way it should this. We know how to get things done. Tennessee many years ago, and I didn’t function. I do think it functioned bet- Obviously this is a much bigger piece know quite what to say to him, and so ter in the 1970s and 1980s. When Senator of the pie up here, but it is important I said: Johnny, how many nights do Byrd and Senator Baker were the to the people throughout our country you appear on the road? Democratic and Republican leaders, that we work together to get these With that big-old deep voice of his, they would get unanimous consent bills passed. So I am very pleased to he said: Oh, about 200. agreements to bring bills to the floor. hear this debate and colloquy and the I said: My goodness. Why do you do The minority would allow that, and the commitment we have standing here that? majority would allow a lot of amend- and talking about and pledging to work He looked at me and said: That is ments until people got tired of voting. together. what I do. But they could not have done that just I am pleased that Senator INOUYE, Well, this is what we do or at least by themselves. Senator Byrd and Sen- the chairman of this committee, and what we are supposed to do. I mean, we ator Baker were very good leaders, but the ranking member, Senator COCHRAN, are elected by the people from Arkan- they could not have gotten that done if are putting this together and bringing sas, Tennessee, North Carolina, and all the Senators themselves didn’t make it this forward. I applaud both the Sen- over this country expecting us to get possible for the leaders to succeed. ator from Tennessee and the Senator results. They sent us up here to put the So I am delighted to see this discus- from Arkansas for holding this col- country first, put our States next, and sion. I see the Senator from North loquy and bringing this out so the try to lead us in the right direction. We Carolina is here, and I would be inter- American people can hear what we are have our partisan differences, but in ested in her comments. My feeling is talking about and the commitment to the end one of the things we are sup- that there are a large number of Re- move forward. posed to do is to appropriate dollars. It publicans—and I believe a large num- I thank the Chair. We are here to says in the Constitution, section 9, ar- ber of Democrats—who prefer to see make this place work, to make our ticle I, that ‘‘no money shall be drawn the Senate work together to get re- country work better every day. We are from the Treasury, but in consequence sults. I mean, we worked pretty hard to going to have our differences of opin- of appropriations made by law.’’ That get here, and the people of Tennessee, ion. The way the Senate is structured, is us. So this is what we do. Arkansas, and North Carolina expect we should bring the bill to the floor In addition to that, we are supposed us to get results, so here is a chance for and offer amendments. Let’s have a to oversee the spending of that money. us to do that. I believe our leaders are vote. Let’s have our differences of opin- This is not the whole budget, this is saying: OK, let’s get this done. And we ion. When we don’t do that, we are not only about 38 percent of it, but it is are saying: Senator REID, Senator doing our job. over $1 trillion. And at a time when we MCCONNELL, Senator INOUYE, Senator I see the Senator from South Caro- are borrowing 40 cents of every dollar COCHRAN, we are going to help. We lina has arrived. I wish to say this to we spend, maybe the people of this know it will not always be peaches and him: For the last 45 minutes, we have country have a right to expect that we cream. There will be problems, but, as had a stream of Democratic and Repub- take up each one of these 12 appropria- Senator WARNER talked about a volun- lican Senators who have come to the tions bills, that we have our hearings teer fire department, maybe when the floor and who have congratulated the on them, and that we oversee the bell rings and we all show up, we will majority leader, the Republican leader, spending. If we want to add to nuclear make the Senate more effective and we and the chairman and the ranking modernization, we vote on that, and if will be more effective. member of the Appropriations Com- we want to cut Solyndra, we vote on Let me stop my remarks for a mo- mittee, for saying we should take all 12 that, but we do our job of appropria- ment and yield to the Senator from appropriations bills this year, bring tions, and we do our job of oversight. North Carolina, who has been a regular them through committee properly, Now, Senator PRYOR, the senior Sen- participant in the discussions we have have all of our hearings, do our over- ator from Arkansas, asked me what my had about how we can make the Senate sight, bring them to the floor, and then reflection was upon this Senate. I have be a more effective institution. let’s pass them. seen it for a long time. I came here in The PRESIDING OFFICER (Mr. More than that, we have said we January of 1967 as a very young man PRYOR). The Senator from North Caro- know our leaders can’t be leaders if with a newly elected Republican Sen- lina. they don’t have any followers, and it is ator from Tennessee, Howard Baker, Mrs. HAGAN. Mr. President, I am part of our job to create an environ- and I watched him for a long time. pleased to join this colloquy and to ment in which they can succeed. So we There are many lessons in having hear the Senator from Tennessee and have come to the floor to say that, to watched the Senate for a long time, the senior Senator from Arkansas work pledge we are going to do that. It is not but one of the lessons is that the lead- together on this issue. I think it is just those who come tonight. We rep- ers cannot lead without any followers. something of prime importance. Just resent a preponderance of Senators on This is a body that operates by unani- as Senator ISAKSON went across Geor- our side of the aisle and, I am told, a mous consent. If one of us wants to gia this past week, I was in many cities preponderance of the Democrats as grease the tracks, the train runs off and communities in North Carolina, well. the tracks. That is the way it works. and people are concerned, as he said, I would say to the Senator from So the leaders are not going to be able with such a low approval rating of the South Carolina that the Senator from to complete what their stated inten- Congress. They are asking us: Why Virginia, Mr. WARNER, was here a little tion is, which is to take these 12 appro- can’t you work together? And, as the earlier and he said the exercise tonight priations bills, bring them through the Senator from Tennessee said, when we reminded him of a volunteer fire de- committees by late April, early May— have 47 Members in one party and 53 partment. I believe I first heard those the House is doing the same thing, we Members in the other party and today words from the Senator from South understand—and then bring them to we need 60 votes in order to get some- Carolina. The Senator from South

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1045 Carolina has seen the House of Rep- evant but in an orderly fashion, that have deep ports. We have a real prob- resentatives and he has seen the Sen- would be momentum to get the Senate lem in the way we finance that in the ate and he has seen the condition of back to being the Senate. That would Federal Government, and we would be our country. I wish to yield to him in help us all and it would help the coun- a stronger country if we could discuss this colloquy for his thoughts on what try. that in the Appropriations Committee. we are doing here tonight. I want to tell Senator REID and Sen- If we don’t fix it there, we should bring The PRESIDING OFFICER (Mrs. ator MCCONNELL: Don’t let this mo- it to the floor and have amendments HAGAN). The Senator from South Caro- ment pass. We have your back and we and have a debate and let people see lina. want to conduct the Senate in a way what is going on. Mr. GRAHAM. Madam President, my that is more traditional than is going Would the Senator agree that would first thought is that the American peo- on today. be a perfect example of what we should ple are not very impressed with what I came here to do things. I think ev- be doing? we are doing up here. We have a con- erybody who has spoken here tonight is Mr. GRAHAM. I think the Senator gressional approval rating of about 10 telling the public and telling each from Tennessee picked the best exam- to 15 percent. I think it would help all other: Enough is enough. This is a ple I can think of simply because the of us if we could go back home and say: lousy way—to appropriate a couple Charleston harbor deepening is prob- This coming week we are going to be three trillion dollars at the end of the ably the No. 1 issue for the State of talking about the Department of Edu- year in a big bill nobody reads. If you South Carolina. cation budget; we are going to be talk- think that is a broken system, we The Panama Canal is going to be wid- ing about Veterans Affairs; we are agree. We don’t like the idea of passing ened and the cargo ships that are going going to be talking about Energy and a bill in the last week of the fiscal to be on the oceans of the world in the Water. year—3,000, 4,000 pages, whatever it is— next few years are three times the size We want to be able to tell our mayors and nobody knows what is in it, but of the cargo ships that exist today. and people—county council, city coun- that is the only way we can run the Shipping as we know it is going to cil, our constituents—we are going to government if we didn’t go back to the change. What does that mean? It be debating how much money we will normal course of business. So for those means harbors such as Savannah and allocate for different parts of the gov- who want better government, this will Charleston—just name a harbor on the ernment, even knowing we are broke. I give us better government. If you want east coast—are going to have to be think that would resonate, I say to the to do something constructive, this deeper to accept these ships. What does it mean for shipping? Senator from Tennessee. gives us an opportunity. For those who Ships that would normally deposit This whole idea of a volunteer fire want to set priorities, this allows you their goods in California can now ac- department, when we think about it— to do it. cess the east coast. So east coast ports, particularly in the South, and I am To the leaders of the Senate: If you based on common sense and merit, sure it is true everywhere—volunteer will follow through with this, it will have to be deepened. If we brought the fire departments have citizens who pay enormous dividends for the body. Energy and Water appropriations bill have a lot of things to do but feel as And to Senators ALEXANDER, PRYOR, through the committee and to the though if they work together to pro- and others who have been in the volun- floor, it would make us all think about tect each others’ homes from devasta- teer fire department, I think this is a that. Because when I hear the Presi- tion by fire, that would be a good good moment for the Senate and I am dent say we want to double exports in thing. They are all volunteers. They proud to be associated with it, and if it the next 5 years, count me in. It would don’t get any money. They lower happens, it will be because of what be thousands of jobs—millions of jobs— everybody’s insurance premiums by they have done. created in America. How do we get having a volunteer fire department. I Mr. ALEXANDER. Madam President, those products to the customers over- think a lot of Members of the Senate before we go back to the Senator from seas if our ports are not modernized to feel very frustrated, as does the aver- Arkansas, I have a question I wish to adjust to the change in shipping? Then age person on the street. We want to do ask the Senator from South Carolina. it is a statement that will not bear better. So we are volunteering our First, I am not sure he was here when fruit. Go to Shanghai, go to Hong Kong services here to the body so that if we I referred to the Grand Ole Opry. I and other ports, go to Mideast ports, will do things that make sense to the haven’t been doing that because it is in and we are 20 years behind. American people, count us in to kind of Nashville. But it has occurred to me This is a good example of how, if we push the ball up the hill. over the last several months that there took the Energy and Water appropria- The good news, I say to my col- is a lot about what we do that is like tions bill, among ourselves we could league, is our leaderships have com- the Grand Ole Opry. I know a lot of create a national vision to deepen ports mitted to this. Without ‘‘followship,’’ performers of the Opry, members of the to adjust to shipping changes. If we it doesn’t matter what they say. This Opry. They sing and pick in every little keep continuing to appropriate in the is going to take discipline in this body. bar in the South for 20 years until fi- last week of the session in a bill that I expect those on the other side of the nally, by skill and by accident, they nobody reads, not only will our fellow aisle to take votes they won’t like, and get an invitation to join the Grand Ole citizens think poorly of us, we won’t I expect those on this side of the aisle Opry. What would they think if they have a vision. So this is a good example to take votes we won’t like. But we joined the Grand Ole Opry and then of why if we took every appropriations have to have some discipline about it. they weren’t allowed to sing? bill, put it through committee and We want the bills to get done in an or- That is kind of the way we are in the brought it to the floor, we could come derly fashion, and we want the Senate Senate. We are lucky to be here. We up with ways to make smart decisions. to be a Senate. are political accidents in a sense. But I guess what we are talking about is This comes about because Senator we worked hard to be here—almost all that spending $2 trillion or $3 trillion WARNER spent a lot of time getting us of us on both sides. So the idea of com- in a week where only four of five people all together. This volunteer fire depart- ing here, working hard to be here, know what is in the bill is not smart. ment idea we have, the Senator from being elected by the people who sent We all did come here to have our say, Tennessee and Senator WARNER have us, and then not being allowed to and I have a thousand ideas about made this happen. We had several din- amend or vote or debate is unaccept- ports. ners among the people here tonight to able. That is what we want to do with So, my friend in Arkansas, if the port try to find a way to get the Senate these 12 bills. of Charleston is deepened and other back to doing business. I am convinced The Senator from South Carolina re- east coast ports are deepened and the that if we could bring one appropria- minded me of a specific example of cargo containers are three times the tions bill to the floor, have an honest that—the deep ports in the United volume we have today, what does that debate about how much we should States. If we are going to export Amer- mean for the Mississippi River? It spend on that part of the government, ican-made goods and create more jobs means it has to be widened and deep- have amendments relevant and not rel- in our country, we are going to have to ened. Because the cargo we unload on

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1046 CONGRESSIONAL RECORD — SENATE February 27, 2012 the east coast has to get to the interior The whole infrastructure regarding ex- One last thing: When these spending of the country. I want to have a vision port opportunities in this country has bills come to the floor and we debate for interior ports, because one thing deteriorated because of a lack of vi- them and approve them, we can show could affect the other. And the only sion. the American people that discretionary way the Senate can make smart deci- Wal-Mart is a pretty good model of spending is not the biggest problem we sions is to break the government into how business works. They get thou- have with spending in this country. 12 parts, as we have been doing for a sands of millions of products a day out Discretionary spending is 38 percent of long time, and get back to doing busi- to stores all over the country. They do the budget, and according to the Con- ness in a more traditional fashion. it in a business fashion: FedEx—Fed- gressional Budget Office it is scheduled This is a classic example: If we eral Express—UPS. The Federal Gov- to go up over the next 10 years at the brought the Energy and Water appro- ernment is stuck in the 1950s and we rate of inflation. The rest of the budg- priations bill to the floor, people other need to change that. I think the appro- et, which is largely our entitlement than me would have a say about what priations process is the right vehicle to programs, is scheduled to grow up to to do, given the change in shipping. do it. four times the rate of inflation. If it And if we don’t do it in the normal Mr. PRYOR. That does go back to the does that, we will be a bankrupt coun- course of business—if we keep doing appropriations process, because obvi- try after about 10 or 12 years. So there ously those things require money, they this in the last week of the session—we is every reason in the world for us to take investment in our future. But the are going to be left behind as a Nation. bring these bills to the floor. This is a great example of why we truth is if we are stymied in our appro- My concluding sentence is this: We should do appropriations bills in the priations process, there are a lot of congratulate the Democratic and Re- good things that we can’t get done. But normal course of business. If we can publican leaders and the chairman and when they go through, we can take pull this off in 2012, it will not be a lost ranking member of the Appropriations care of the challenges that present year; it will be where we can do some Committee. We believe our job is to themselves around the country. We good for the public. bring all 12 bills through committee have a lot of need in this country. I am So I thank you very much. I yield the and to the floor and pass them before certainly a promoter of investing in in- floor. the fiscal year starts. We, on both sides frastructure, and the ports are very im- Mr. PRYOR. Madam President, I of the aisle—those of us who have spo- portant to our Nation. have one thing to say in closing while ken and many others who feel the same my two colleagues are still on the With that, I yield to the Senator from Tennessee. way—pledge our support to help our floor: Today, Senator SHAHEEN read Mr. ALEXANDER. Madam President, leaders achieve that result. Washington’s Farewell Address which I wish to thank the Senator from I yield the floor. we have been doing in the Senate since South Carolina for his leadership in The PRESIDING OFFICER (Mr. 1888. One of the reasons we do that is helping to make the Senate work and BEGICH). The Senator from Arkansas. because President Washington calls to for his good example and for his giving Mr. PRYOR. Mr. President, I thank us through history to do our best. us a specific example—the deep ports— Senator ALEXANDER from Tennessee for We talk about this issue in South as to why it is important that we set his leadership on this issue. He is the Carolina—deepening the port of out to do what we are elected to do, one who wanted to come here and Charleston. Certainly President Wash- which is to say, the Port of Charleston praise the two leaders for their leader- ington knew about the port of Charles- and the Port of Savannah have to be ship. Again, they are demonstrating ton. It was a huge asset for this fledg- deepwater ports if we want to keep our leadership by reaching this agreement ling Nation of ours. He had no idea jobs. That needs to be said in the Sen- and trying to change recent practice about a Panama Canal. He had no idea ate. It needs to be said in the sub- around here. They want to set a new about goods coming over from China. committee and in the full committee, standard for getting it done as we are He certainly had no idea about goods and it needs to be said on the floor. supposed to get it done. coming in from the west coast because It is encouraging to me when Sen- So I thank my friend and colleague at that point he was hoping we would ators such as the Senator from North from Tennessee for all of his hard get to Appalachia. He had no idea what Carolina and Arkansas and Virginia work, and this is just the tip of the ice- was going to happen here. But he calls from that side of the aisle, and the berg. He is working on many ways to to us from history to do our job and ac- Senator from South Carolina and the try to make this institution run better cept the challenges that come our way. Senator from Maine and the junior and to make the American people The appropriations bills shouldn’t be Senator from Arkansas and the Sen- proud of the Senate. So I thank the a challenge. That is nuts-and-bolts ator from Georgia on this side of the Senator for that. good government. aisle—I think we would all say firmly f This week in Arkansas we had five that while we are only several Sen- townhall meetings and they were TRIBUTE TO THOMAS ators, the words we speak are the same CULBERTSON great. I got lots of good questions; a feelings that a large number of Sen- few pointed questions. My colleagues ators on both sides of the aisle feel. Mr. PORTMAN. Mr. President, I rise know how it goes because they have We want to get results. We want to to recognize Thomas Culbertson of Fre- participated in those as well. It was do our jobs. We want to create an envi- mont, OH, for many years of out- great. It is democracy in action. When ronment in which our leaders can suc- standing leadership and service to The people can show up in a community ceed. We know that if we want to, we Rutherford B. Hayes Presidential Cen- and ask their Senator questions, that can do that. And we should do it be- ter. A former college librarian and means the system is working. It is cause it is our constitutional responsi- stockbroker, Mr. Culbertson began his working back home, but we need to get bility, because oversight is our respon- service to the center in 1988 as a manu- it to work up here. That is what I sibility, because it is lazy management scripts curator and rose to the position heard over and over this week in Ar- if we allow it to go to the end of the of executive director in 2004. kansas, is the expectations for this year and end up with a great big pile of Mr. Culbertson was instrumental in Congress are very low for this year. We bills in an omnibus or a continuing res- developing two workshop series for talk about a 10-percent approval rat- olution, which is worse. educators. The first series, ‘‘History ing. I am sometimes surprised it is that We need to go over spending item by Links: A Partnership to Teach Amer- high. item. I am on six subcommittees. All ican History,’’ helped 300 area school- Mr. GRAHAM. Madam President, if three of us are on the Appropriations teachers implement State standards the Senator will yield, here is the good Committee. We will probably have 30 for social studies that focused on news: It wouldn’t take much to exceed hearings in the next 2 or 3 months. We American history. The second series in- expectations. But I want to say to the will have a good opportunity to go cluded three workshops for more than west coast Senators that their ports through $1 trillion of discretionary 200 community college faculty that fo- need to be modernized too. They need spending and try to spend it wisely and cused on America’s Gilded Age. Mr. transportation hubs around their ports. to save money wherever we can. Culbertson also led the effort to gain

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1047 accreditation for the Hayes Museum a lot of bases. But to him, baseball was breaking days are far from over. For from the American Association of Mu- just a way to stay in shape for hockey. the last 14 years, he has served as the seums in 2002. To him, ‘‘there was just something NHL’s Director of Youth Development Of utmost importance to Mr. about hockey,’’ he always said. He and ambassador for NHL Diversity, Culbertson’s legacy is the $1.2 million started skating when he was 2 years old part of the NHL Foundation supporting restoration of the first floor of the and began playing organized hockey hockey programs for boys and girls Hayes home to how it looked when our when he was 5. throughout North America. He is con- 19th President and his wife, Lucy, lived He explains his love of hockey in stantly on the go, running clinics and there. With the help of the late U.S. words all of us who share his passion speaking at schools all across the con- Representative Paul Gillmor, the for the game can appreciate. ‘‘When I tinent, teaching not only hockey but Hayes Center was awarded a $400,000 put a pair of skates on and a hockey also how to live life off the ice. He con- Save America’s Treasures grant stick in my hand and started maneu- tinues to spread the word that ‘‘hockey through the U.S. Department of Inte- vering the puck,’ he says, ‘‘I just be- is for everyone.’’ rior. In addition, the center received came obsessed with it. I had that burn- We have recognized and celebrated $500,000 in State capital funding, and ing desire within me.’’ ambassadors from all over the world. Mr. Culbertson helped raise $300,000 in That burning desire—that deep ambi- We should also honor Willie O’Ree who donations to pay for the restoration. tion—drove Willie O’Ree through al- is the ultimate ambassador not just for The project included replicating wall- most two minor league seasons with hockey, but for dignity and respect and paper, carpets, and other features that the Quebec Aces before being called up even courage in the world of sports. had been altered over the years. The by the Boston Bruins for that historic The world weathers so many storms home renovation will be completed in game in Montreal against the and so much uncertainty, but at the July 2012. Canadiens in 1958. But after that mem- center of each we find people of char- For his commitment to public serv- orable night, he would play only one acter who revive our hope and give us ice and the many contributions he has more game with Boston before being strength. Willie O’Ree is such a man, made to the Hayes Presidential Center, sent back to the minors for the rest of and we are all blessed to have his I would like to recognize and thank Mr. the season. strength as an example.∑ Culbertson for his years of service and But in 1960, Willie O’Ree was back f wish him well in his retirement. with the Bruins for 43 games, including RECOGNIZING NATIONAL HISTORY f one memorable game at the Boston Garden in which he scored the winning DAY ADDITIONAL STATEMENTS goal in a 3 2 victory over Montreal. It ∑ Mrs. MURRAY. Mr. President, I came in the third period. Willie broke would like to take this opportunity to away from his check, got a perfect pass recognize National History Day, a TRIBUTE TO WILLIE O’REE from Leo Boivin, stick handled past yearlong academic program focused on ∑ Mr. KERRY. Mr. President, Willie two Canadiens players, then from 10 improving the teaching and learning of O’Ree made history on the night of feet out fired a shot past goaltender history for 6th to 12th grade students, January 18, 1958, but for too long the Charlie Hodge. More than 13,000 Bruins for receiving a 2011 National Human- significance of what he accomplished fans jumped to their feet and gave ities Medal. The National Humanities that night went largely Willie a 2-minute standing ovation. medals honor achievements in history, unacknowledged. Every American That year, Willie had a total of four literature, education, and cultural pol- should know Willie O’Ree for his right- goals and 10 assists with the Bruins, icy. For the first time ever, a K 12 edu- ful place in history: he is the Jackie but that was the end of his NHL career. cation program has received this pres- Robinson of hockey—the first player of He spent the next six seasons in the tigious award. National History Day African heritage to play in the Na- Western Hockey League, then nine was recognized as ‘‘a program that in- tional Hockey League. more seasons in the Pacific Hockey spires in American students a passion Unlike Jackie Robinson’s widely her- League until he retired in 1979 at the for history.’’ alded debut with the Brooklyn Dodgers age of 44. Most seasons were productive Each year more than half a million 11 years earlier, Willie O’Ree’s appear- despite the fact that at 19 he had suf- students, encouraged by thousands of ance on the ice for the Boston Bruins fered an injury that left him blind in teachers nationwide, participate in the 54 years ago got little notice in the his right eye. Doctors said he would yearlong National History Day pro- press. The New York Times simply re- never play hockey again. They were gram. Students choose historical topics ported: ‘‘The Boston Bruins, with a wrong. With aggressiveness, fearless- related to a theme and conduct exten- Negro, Billy O’Ree, in the line-up for ness and speed, he scored nearly 500 sive primary and secondary research the first time in National Hockey goals in his 21 years playing profes- through libraries, archives, museums, League history, scored once in every sional hockey. oral history interviews, and historic period tonight to beat the first-place His own impairment was no obstacle sites. After analyzing and interpreting Montreal Canadiens for the first time to Willie O’Ree. Neither was the blind their sources and drawing conclusions in eight games, 3 0.’’ Sports Illustrated bigotry of those who filled his mailbox about the significance of their topics in had even less to say in its Scoreboard with anonymous death threats, those history, students present their work in column: ‘‘Boston made history by who screamed racial epithets at him original papers, Web sites, exhibits, bringing up Quebec’s Billy O’Ree, first from the stands, those who even tossed performances, and documentaries. Negro to play in NHL.’’ black cats out on the ice, even those These products are entered into com- But it was a milestone for hockey— players who took countless cheap shots petitions in the spring, at local, State, and a dream come true for the 22-year- at him, in a time when players did not and national levels where they are old Willie O’Ree, who had spent his wear helmets or face shields. Willie re- evaluated by professional historians boyhood in New Brunswick, Canada— sponded the same way as Jackie Robin- and educators. The program cul- the youngest of 13 children—idolizing son had in 1947 when he broke the color minates in a national competition each such NHL legends as Gordie Howe and barrier in baseball—with quiet June. National History Day programs Maurice Richard. He liked baseball, strength and calm dignity. ‘‘I just want operate in all 50 States, the District of too, landing a tryout with the Mil- to be a hockey player,’’ he said, ‘‘and if Columbia, and the U.S. territories, en- waukee Braves minor league team in they couldn’t accept that fact, that gaging students with its unique ap- Waycross, GA, in 1956. He even got to was their problem, not mine.’’ proach to the hands-on learning of his- meet Jackie Robinson on a trip his It wasn’t until 1974 that another tory. baseball team made to New York in black player, Washington’s Mike In addition to discovering the excit- 1949. Marson, made it to the NHL. It is unde- ing world of the past, National History Willie was as good at shortstop as he niable that Willie O’Ree—his talent Day also helps students develop the at- was at second base. He was good at the and his character—opened the NHL to tributes that are critical to make them plate, too. And with his speed, he stole other minorities. But Willie’s ground- college and career ready. This includes:

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1048 CONGRESSIONAL RECORD — SENATE February 27, 2012 critical thinking and problem-solving ruary 15, 2012; to the Committee on Agri- transmitting, pursuant to law, the report of skills, research and reading skills, oral culture, Nutrition, and Forestry. a rule entitled ‘‘Final Flood Elevation Deter- and written communication and pres- EC 5056. A communication from the Acting minations’’ ((44 CFR Part 67) (Docket No. Chief of the Planning and Regulatory Affairs entation skills, self-esteem and con- FEMA 2011 0002)) received in the Office of the Branch, Food and Nutrition Service, Depart- President of the Senate on February 15, 2012; fidence, and a sense of responsibility ment of Agriculture, transmitting, pursuant to the Committee on Banking, Housing, and for and involvement in the democratic to law, the report of a rule entitled ‘‘Nutri- Urban Affairs. process. With schools spending more tional Standards in the National School EC 5065. A communication from the Chief resources and time focusing on English Lunch and School Breakfast Programs’’ Counsel, Federal Emergency Management language arts and mathematics edu- (RIN0584 AD59) received in the Office of the Agency, Department of Homeland Security, cation, it is important that programs President of the Senate on February 15, 2012; transmitting, pursuant to law, the report of like National History Day are recog- to the Committee on Agriculture, Nutrition, a rule entitled ‘‘Final Flood Elevation Deter- and Forestry. minations’’ ((44 CFR Part 67) (Docket No. nized and supported to ensure students EC 5057. A communication from the Acting FEMA 2011 0002)) received in the Office of the receive a quality history and civics Administrator, Agricultural Marketing President of the Senate on February 15, 2012; education. Service, Department of Agriculture, trans- to the Committee on Banking, Housing, and The impact of National History Day mitting, pursuant to law, the report of a rule Urban Affairs. is also supported by data. A recent entitled ‘‘Dairy Product Mandatory Report- EC 5066. A communication from the Chief comprehensive study by Rockman et al ing’’ ((Docket No. AMS DA 10 0089; DA 11 01) Counsel, Federal Emergency Management found that students who participate in (RIN0581 AD12)) received in the Office of the Agency, Department of Homeland Security, President of the Senate on February 16, 2012; transmitting, pursuant to law, the report of National History Day develop a range to the Committee on Agriculture, Nutrition, a rule entitled ‘‘Final Flood Elevation Deter- of college and career-ready skills, and and Forestry. minations’’ ((44 CFR Part 67) (Docket No. outperform their peers on State stand- EC 5058. A communication from the Acting FEMA 2011 0002)) received in the Office of the ardized tests across all subjects—in- Administrator, Agricultural Marketing President of the Senate on February 15, 2012; cluding science and mathematics. Service, Department of Agriculture, trans- to the Committee on Banking, Housing, and National History Day is much more mitting, pursuant to law, the report of a rule Urban Affairs. than a day, it is an evidence-based his- entitled ‘‘Marketing Order Regulating the EC 5067. A communication from the Chief Counsel, Federal Emergency Management tory education program that gives our Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity Agency, Department of Homeland Security, young people skills to succeed in and Allotment Percentage for Class 1 transmitting, pursuant to law, the report of school and post secondary careers as (Scotch) and Class 3 (Native) Spearmint Oil a rule entitled ‘‘Suspension of Community well as a valuable understanding of for the 2011 2012 Marketing Year’’ (Docket Eligibility’’ ((44 CFR Part 64) (Docket No. how the world they live in has been No. AMS FV 10 0094; FV11 985 1A FIR) re- FEMA 2012 0003)) received in the Office of the shaped by people and events of the ceived in the Office of the President of the President of the Senate on February 15, 2012; past. National History Day is a unique Senate on February 16, 2012; to the Com- to the Committee on Banking, Housing, and program that has benefited over 15 mil- mittee on Agriculture, Nutrition, and For- Urban Affairs. estry. EC 5068. A communication from the Chief lion students since 1982. I congratulate EC 5059. A communication from the Acting Counsel, Federal Emergency Management them on winning the 2011 National Hu- Administrator, Agricultural Marketing Agency, Department of Homeland Security, manities Medal and wish them many Service, Department of Agriculture, trans- transmitting, pursuant to law, the report of more years of continued success.∑ mitting, pursuant to law, the report of a rule a rule entitled ‘‘Suspension of Community f entitled ‘‘National Organic Program (NOP); Eligibility’’ ((44 CFR Part 64) (Docket No. Amendments to the National List of Allowed FEMA 2012 0003)) received during adjourn- MESSAGE FROM THE HOUSE and Prohibited Substances (Crops and Proc- ment of the Senate in the Office of the Presi- RECEIVED DURING ADJOURNMENT essing)’’ ((Docket No. AMS NOP 10 0079; NOP dent of the Senate on February 23, 2012; to 09 02FR) (RIN0581 AD06)) received in the Of- the Committee on Banking, Housing, and ENROLLED BILL SIGNED fice of the President of the Senate on Feb- Urban Affairs. Under the authority of the order of ruary 16, 2012; to the Committee on Agri- EC 5069. A communication from the Presi- January 5, 2011, the Secretary of the culture, Nutrition, and Forestry. dent of the United States, transmitting, pur- Senate, on February 21, 2012, during the EC 5060. A communication from the Acting suant to law, a report relative to the con- adjournment of the Senate, received a Administrator, Agricultural Marketing tinuation of the national emergency that message from the House of Representa- Service, Department of Agriculture, trans- was declared with respect to the Government of Cuba’s destruction of two unarmed U.S.- tives announcing that the Speaker pro mitting, pursuant to law, the report of a rule entitled ‘‘Revision of Cotton Futures Classi- registered civilian aircraft; to the Com- tempore had signed the following en- fication Procedures’’ ((Docket No. AMS CN mittee on Banking, Housing, and Urban Af- rolled bill: 10 0073; CN 10 005) (RIN0581 AD16)) received in fairs. H.R. 3630. An act to provide incentives for the Office of the President of the Senate on EC 5070. A communication from the Presi- the creation of jobs, and for other purposes. February 16, 2012; to the Committee on Agri- dent of the United States, transmitting, pur- The enrolled bill was subsequently culture, Nutrition, and Forestry. suant to law, a report relative to the con- EC 5061. A communication from the Under tinuation of the national emergency with re- signed by the Acting President pro Secretary of Defense (Intelligence), trans- spect to Libya declared in Executive Order tempore (Mr. REID). mitting, pursuant to law, the report of a re- 13566; to the Committee on Banking, Hous- f quest for an extension of the delivery date of ing, and Urban Affairs. an annual report on the current and future EC 5071. A communication from the Assist- MEASURES READ THE FIRST TIME military strategy of Iran; to the Committee ant Secretary for Export Administration, The following bill was read the first on Armed Services. Bureau of Industry and Security, Depart- time: EC 5062. A communication from the Sec- ment of Commerce, transmitting, pursuant retary of the Treasury, transmitting, pursu- to law, the report of a rule entitled ‘‘Amend- H.R. 1173. An act to repeal the CLASS pro- ant to law, a six-month periodic report on ment to Existing Validated End-User Au- gram. the national emergency with respect to Iran thorizations for Applied Materials (China), f as declared in Executive Order 12957; to the Inc., Boeing Tianjin Composites Co. Ltd., Committee on Banking, Housing, and Urban CSMC Technologies Corporation, Lam Re- EXECUTIVE AND OTHER Affairs. search Corporation, and Semiconductor COMMUNICATIONS EC 5063. A communication from the Asso- Manufacturing International Corporation in The following communications were ciate General Counsel for Legislation and the People’s Republic of China, and for GE laid before the Senate, together with Regulations, Office of Public and Indian India Industrial Pvt. Ltd. in India’’ (RIN0694 Housing, Department of Housing and Urban accompanying papers, reports, and doc- AF26) received during adjournment of the Development, transmitting, pursuant to law, Senate in the Office of the President of the uments, and were referred as indicated: the report of a rule entitled ‘‘Removal of the Senate on February 23, 2012; to the Com- EC 5055. A communication from the Chair- Indian HOME Investment Partnerships Pro- mittee on Banking, Housing, and Urban Af- man and Chief Executive Officer, Farm Cred- gram Regulation’’ (RIN2577 AC87) received in fairs. it Administration, transmitting, pursuant to the Office of the President of the Senate on EC 5072. A communication from the Assist- law, the report of a rule entitled ‘‘Disclosure February 16, 2012; to the Committee on ant Secretary for Export Administration, to Investor in System-wide and Consolidated Banking, Housing, and Urban Affairs. Bureau of Industry and Security, Depart- Bank Debt Obligations of the Farm Credit EC 5064. A communication from the Chief ment of Commerce, transmitting, pursuant System’’ (RIN3052 AC77) received in the Of- Counsel, Federal Emergency Management to law, the report of a rule entitled ‘‘Updated fice of the President of the Senate on Feb- Agency, Department of Homeland Security, Statements of Legal Authority To Reflect

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1049 Continuation of Emergency Declared in Ex- Medicaid Services, Department of Health ments relating to the retirement, adoption, ecutive Orders 12947 and 13244’’ (RIN0694 and Human Services, transmitting, pursuant care, and recognition of military working AF30) received during adjournment of the to law, the report of a rule entitled ‘‘Sum- dogs, and for other purposes; to the Com- Senate in the Office of the President of the mary of Benefits and Coverage and Uniform mittee on Armed Services. Senate on February 21, 2012; to the Com- Glossary—Templates, Instructions, and Re- f mittee on Banking, Housing, and Urban Af- lated Materials; and Guidance for Compli- fairs. ance’’ (CMS 9982 FN) received in the Office of ADDITIONAL COSPONSORS EC 5073. A communication from the Sec- the President of the Senate on February 14, S. 17 retary, Division of Investment Management, 2012; to the Committee on Finance. Securities and Exchange Commission, trans- EC 5082. A communication from the Pro- At the request of Mr. HATCH, the mitting, pursuant to law, the report of a rule gram Manager, Centers for Medicare and name of the Senator from Ohio (Mr. entitled ‘‘Investment Advisers Performance Medicaid Services, Department of Health PORTMAN) was added as a cosponsor of Compensation’’ (RIN3235 AK71) received in and Human Services, transmitting, pursuant S. 17, a bill to repeal the job-killing tax the Office of the President of the Senate on to law, the report of a rule entitled ‘‘Sum- on medical devices to ensure continued February 17, 2012; to the Committee on mary of Benefits and Coverage and Uniform access to life-saving medical devices Banking, Housing, and Urban Affairs. Glossary’’ (RIN1545 BJ94, RIN1210 AB52, and for patients and maintain the standing EC 5074. A communication from the Dep- RIN0938 AQ73) received in the Office of the of United States as the world leader in uty General Counsel, Federal Energy Regu- President of the Senate on February 14, 2012; latory Commission, transmitting, pursuant to the Committee on Finance. medical device innovation. to law, the report of a rule entitled ‘‘Inter- S. 64 f pretation of Protection System Reliability At the request of Mr. INOUYE, the Standard’’ ((RIN1902 AE21) (Docket No. RM10 REPORTS OF COMMITTEES name of the Senator from Hawaii (Mr. 5 000)) received during adjournment of the The following reports of committees AKAKA) was added as a cosponsor of S. Senate in the Office of the President of the Senate on February 22, 2012; to the Com- were submitted: 64, a bill to establish a fact-finding mittee on Energy and Natural Resources. By Mr. ROCKEFELLER, from the Com- Commission to extend the study of a EC 5075. A communication from the Acting mittee on Commerce, Science, and Transpor- prior Commission to investigate and Assistant Secretary, National Park Service, tation, without amendment: determine facts and circumstances sur- Department of the Interior, transmitting, S. 179. A bill to expand the boundaries of rounding the relocation, internment, pursuant to law, the report of a rule entitled the Gulf of the Farallones National Marine and deportation to Axis countries of ‘‘Special Regulations, Areas of the National Sanctuary and the Cordell Bank National Marine Sanctuary, and for other purposes Latin Americans of Japanese descent Park System, Cape Cod National Seashore’’ from December 1941 through February (RIN1024 AD88) received in the Office of the (Rept. No. 112 149). President of the Senate on February 15, 2012; By Mr. ROCKEFELLER, from the Com- 1948, and the impact of those actions by to the Committee on Energy and Natural Re- mittee on Commerce, Science, and Transpor- the United States, and to recommend sources. tation, with an amendment in the nature of appropriate remedies, and for other EC 5076. A communication from the Direc- a substitute: purposes. S. 646. A bill to reauthorize Federal nat- tor of Congressional Affairs, Nuclear Regu- S. 296 latory Commission, transmitting, pursuant ural hazards reduction programs, and for to law, the report of a rule entitled ‘‘Inter- other purposes (Rept. No. 112 150). At the request of Ms. KLOBUCHAR, the national Nuclear and Radiological Event By Mr. ROCKEFELLER, from the Com- names of the Senator from Illinois (Mr. Scale (INES) Participation’’ (NRC Manage- mittee on Commerce, Science, and Transpor- DURBIN) and the Senator from New Jer- ment Directive 5.12) received in the Office of tation, without amendment: sey (Mr. LAUTENBERG) were added as the President of the Senate on February 17, S. 962. A bill to reauthorize the Northwest cosponsors of S. 296, a bill to amend the 2012; to the Committee on Energy and Nat- Straits Marine Conservation Initiative Act Federal Food, Drug, and Cosmetic Act ural Resources. to promote the protection of the resources of to provide the Food and Drug Adminis- the Northwest Straits, and for other pur- EC 5077. A communication from the Chief tration with improved capacity to pre- of the Trade and Commercial Regulations poses (Rept. No. 112 151). Branch, Customs and Border Protection, De- By Mr. BAUCUS, from the Committee on vent drug shortages. partment of Homeland Security, transmit- Finance, without amendment: S. 424 ting, pursuant to law, the report of a rule en- S. 2132. An original bill to amend the Inter- At the request of Mr. SCHUMER, the titled ‘‘Duty-Free Treatment of Certain Vis- nal Revenue Code of 1986 to provide for the name of the Senator from Michigan ual and Auditory Materials’’ (RIN1515 AD75) extension of highway-related taxes and trust fund expenditures, to provide revenues for (Ms. STABENOW) was added as a cospon- received in the Office of the President of the sor of S. 424, a bill to amend title XVIII Senate on February 17, 2012; to the Com- highway programs, and for other purposes mittee on Finance. (Rept. No. 112 152). of the Social Security Act to preserve EC 5078. A communication from the Chief f access to ambulance services under the of the Publications and Regulations Branch, Medicare program. INTRODUCTION OF BILLS AND Internal Revenue Service, Department of the S. 491 JOINT RESOLUTIONS Treasury, transmitting, pursuant to law, the At the request of Mr. PRYOR, the report of a rule entitled ‘‘Determination of The following bills and joint resolu- name of the Senator from Connecticut Housing Cost Amounts Eligible for Exclusion tions were introduced, read the first or Deduction for 2012’’ (Notice 2012 19) re- (Mr. LIEBERMAN) was added as a co- ceived in the Office of the President of the and second times by unanimous con- sponsor of S. 491, a bill to amend title Senate on February 15, 2012; to the Com- sent, and referred as indicated: 38, United States Code, to recognize the mittee on Finance . By Mr. CASEY: service in the reserve components of EC 5079. A communication from the Chief S. 2131. A bill to reauthorize the Rivers of the Armed Forces of certain persons by of the Publications and Regulations Branch, Steel National Heritage Area, the Lacka- honoring them with status as veterans Internal Revenue Service, Department of the wanna Valley National Heritage Area, and under law, and for other purposes. Treasury, transmitting, pursuant to law, the the Delaware and Lehigh National Heritage report of a rule entitled ‘‘Work Opportunity Corridor; to the Committee on Energy and S. 807 Tax Credit—Vow to Hire Heroes Act’’ (Notice Natural Resources. At the request of Mr. ENZI, the names 2012 13) received in the Office of the Presi- By Mr. BAUCUS: of the Senator from Kansas (Mr. dent of the Senate on February 14, 2012; to S. 2132. An original bill to amend the Inter- MORAN) and the Senator from North the Committee on Finance. nal Revenue Code of 1986 to provide for the Dakota (Mr. HOEVEN) were added as co- EC 5080. A communication from the Pro- extension of highway-related taxes and trust sponsors of S. 807, a bill to authorize gram Manager, Centers for Medicare and fund expenditures, to provide revenues for Medicaid Services, Department of Health highway programs, and for other purposes; the Department of Labor’s voluntary and Human Services, transmitting, pursuant from the Committee on Finance; placed on protection program and to expand the to law, the report of a rule entitled ‘‘Group the calendar. program to include more small busi- Health Plans and Health Insurance Issuers By Mr. HARKIN: nesses. Relating to Coverage of Preventive Services S. 2133. A bill to reauthorize the America’s S. 1004 Under the Patient Protection and Affordable Agricultural Heritage Partnership in the At the request of Mr. HARKIN, the Care Act’’ (RIN0938 AQ74) received in the Of- State of Iowa; to the Committee on Energy fice of the President of the Senate on Feb- and Natural Resources. name of the Senator from New York ruary 14, 2012; to the Committee on Finance. By Mr. BLUMENTHAL: (Mr. SCHUMER) was added as a cospon- EC 5081. A communication from the Pro- S. 2134. A bill to amend title 10, United sor of S. 1004, a bill to support Promise gram Manager, Centers for Medicare and States Code, to provide for certain require- Neighborhoods.

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1050 CONGRESSIONAL RECORD — SENATE February 27, 2012 S. 1167 NELSON), the Senator from Delaware (Mr. WICKER) and the Senator from At the request of Mr. JOHNSON of (Mr. CARPER) and the Senator from West Virginia (Mr. MANCHIN) were South Dakota, the name of the Senator West Virginia (Mr. MANCHIN) were added as cosponsors of S. Res. 380, a from Michigan (Ms. STABENOW) was added as cosponsors of S. 1925, a bill to resolution to express the sense of the added as a cosponsor of S. 1167, a bill to reauthorize the Violence Against Senate regarding the importance of amend the Public Health Service Act Women Act of 1994. preventing the Government of Iran to improve the diagnosis and treat- S. 1930 from acquiring nuclear weapons capa- ment of hereditary hemorrhagic At the request of Mr. TOOMEY, the bility. telangiectasia, and for other purposes. name of the Senator from Wyoming AMENDMENT NO. 919 S. 1299 (Mr. ENZI) was added as a cosponsor of At the request of Mr. ROBERTS, the At the request of Mr. MORAN, the S. 1930, a bill to prohibit earmarks. names of the Senator from South Da- name of the Senator from Hawaii (Mr. S. 1967 kota (Mr. THUNE), the Senator from INOUYE) was added as a cosponsor of S. At the request of Mr. JOHNSON of Georgia (Mr. CHAMBLISS), the Senator 1299, a bill to require the Secretary of South Dakota, the name of the Senator from Indiana (Mr. LUGAR), the Senator the Treasury to mint coins in com- from Arkansas (Mr. PRYOR) was added from Mississippi (Mr. COCHRAN), the memoration of the centennial of the as a cosponsor of S. 1967, a bill to Senator from Iowa (Mr. GRASSLEY), the establishment of Lions Clubs Inter- amend title XVIII of the Social Secu- Senator from Nebraska (Mr. JOHANNS), national. rity Act to provide for the treatment of the Senator from North Dakota (Mr. S. 1421 certain physician pathology services HOEVEN) and the Senator from Arkan- At the request of Mr. PORTMAN, the under the Medicare Program. sas (Mr. BOOZMAN) were added as co- name of the Senator from Maine (Ms. S. 1981 sponsors of amendment No. 919 in- SNOWE) was added as a cosponsor of S. At the request of Mr. HELLER, the tended to be proposed to H.R. 872, a bill 1421, a bill to authorize the Peace Corps name of the Senator from Maine (Ms. to amend the Federal Insecticide, Fun- Commemorative Foundation to estab- SNOWE) was added as a cosponsor of S. gicide, and Rodenticide Act and the lish a commemorative work in the Dis- 1981, a bill to provide that Members of Federal Water Pollution Control Act to trict of Columbia and its environs, and Congress may not receive pay after Oc- clarify Congressional intent regarding for other purposes. tober 1 of any fiscal year in which Con- the regulation of the use of pesticides S. 1425 gress has not approved a concurrent in or near navigable waters, and for At the request of Mr. DEMINT, the resolution on the budget and passed other purposes. name of the Senator from Tennessee the regular appropriations bills. AMENDMENT NO. 1599 (Mr. ALEXANDER) was added as a co- S. 1990 sponsor of S. 1425, a bill to amend the At the request of Mr. LIEBERMAN, the At the request of Mr. MERKLEY, the National Labor Relations Act to ensure names of the Senator from Maryland names of the Senator from Ohio (Mr. fairness in election procedures with re- (Mr. CARDIN) and the Senator from BROWN) and the Senator from Rhode Is- spect to collective bargaining rep- Kansas (Mr. MORAN) were added as co- land (Mr. WHITEHOUSE) were added as resentatives. sponsors of S. 1990, a bill to require the cosponsors of amendment No. 1599 in- S. 1577 Transportation Security Administra- tended to be proposed to S. 1813, a bill At the request of Mr. BAUCUS, the tion to comply with the Uniformed to reauthorize Federal-aid highway and name of the Senator from Massachu- Services Employment and Reemploy- highway safety construction programs, setts (Mr. BROWN) was added as a co- ment Rights Act. and for other purposes. sponsor of S. 1577, a bill to amend the S. 2005 AMENDMENT NO. 1601 Internal Revenue Code of 1986 to in- At the request of Mr. BROWN of Mas- At the request of Mr. MERKLEY, the crease and make permanent the alter- sachusetts, the name of the Senator name of the Senator from Utah (Mr. native simplified research credit, and from Pennsylvania (Mr. TOOMEY) was HATCH) was added as a cosponsor of for other purposes. added as a cosponsor of S. 2005, a bill to amendment No. 1601 intended to be pro- S. 1591 authorize the Secretary of State to posed to S. 1813, a bill to reauthorize At the request of Mrs. GILLIBRAND, issue up to 10,500 E 3 visas per year to Federal-aid highway and highway safe- the names of the Senator from Lou- Irish nationals. ty construction programs, and for isiana (Mr. VITTER) and the Senator S. 2046 other purposes. from Utah (Mr. LEE) were added as co- At the request of Ms. MIKULSKI, the AMENDMENT NO. 1606 sponsors of S. 1591, a bill to award a name of the Senator from Connecticut At the request of Mr. MERKLEY, the Congressional Gold Medal to Raoul (Mr. BLUMENTHAL) was added as a co- name of the Senator from Ohio (Mr. Wallenberg, in recognition of his sponsor of S. 2046, a bill to amend the BROWN) was added as a cosponsor of achievements and heroic actions dur- Immigration and Nationality Act to amendment No. 1606 intended to be pro- ing the Holocaust. modify the requirements of the visa posed to S. 1813, a bill to reauthorize S 1665 waiver program and for other purposes. . Federal-aid highway and highway safe- At the request of Mr. BEGICH, the S. 2084 ty construction programs, and for name of the Senator from Washington At the request of Ms. SNOWE, the other purposes. (Ms. CANTWELL) was added as a cospon- name of the Senator from Montana AMENDMENT NO. 1647 sor of S. 1665, a bill to authorize appro- (Mr. TESTER) was added as a cosponsor priations for the Coast Guard for fiscal of S. 2084, a bill to require the Sec- At the request of Mr. BROWN of Ohio, years 2012 and 2013, and for other pur- retary of Transportation to establish the names of the Senator from poses. accelerated licensing procedures to as- Vermont (Mr. SANDERS) and the Sen- S. 1884 sist veterans to acquire commercial ator from Oregon (Mr. MERKLEY) were At the request of Mr. DURBIN, the driver’s licenses, and for other pur- added as cosponsors of amendment No. names of the Senator from New York poses. 1647 intended to be proposed to S. 1813, (Mr. SCHUMER), the Senator from Con- S. 2127 a bill to reauthorize Federal-aid high- necticut (Mr. BLUMENTHAL) and the At the request of Mr. CASEY, the way and highway safety construction Senator from Rhode Island (Mr. WHITE- names of the Senator from New York programs, and for other purposes. HOUSE) were added as cosponsors of S. (Mr. SCHUMER) and the Senator from AMENDMENT NO. 1652 1884, a bill to provide States with in- Minnesota (Ms. KLOBUCHAR) were added At the request of Mr. HARKIN, the centives to require elementary schools as cosponsors of S. 2127, a bill to pro- name of the Senator from Vermont and secondary schools to maintain, and tect State and local witnesses from (Mr. SANDERS) was added as a cospon- permit school personnel to administer, tampering and retaliation, and for sor of amendment No. 1652 intended to epinephrine at schools. other purposes. be proposed to S. 1813, a bill to reau- S. 1925 S. RES. 380 thorize Federal-aid highway and high- At the request of Mr. LEAHY, the At the request of Mr. GRAHAM, the way safety construction programs, and names of the Senator from Florida (Mr. names of the Senator from Mississippi for other purposes.

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AMENDMENT NO. 1660 not fewer than 90 days before the beginning most recent data available, and proper ad- At the request of Ms. COLLINS, the of a fiscal year— justments shall be made in amounts subse- name of the Senator from Missouri ‘‘(A) to waive the right of the State to re- quently transferred to the extent prior esti- ceive amounts apportioned or allocated to mates were in excess of, or less than, the (Mrs. MCCASKILL) was added as a co- the State under the Federal-aid highway pro- amounts required to be transferred. sponsor of amendment No. 1660 in- gram for the fiscal year to which the elec- ‘‘(B) LIMITATION.—An adjustment under tended to be proposed to S. 1813, a bill tion relates; and subparagraph (A)(ii) to any transfer may not to reauthorize Federal-aid highway and ‘‘(B) to receive an amount for that fiscal exceed 5 percent of the transferred amount highway safety construction programs, year that is determined in accordance with to which the adjustment relates. If the ad- and for other purposes. subsection (e) for that fiscal year. justment required under subparagraph (A)(ii) ‘‘(2) EFFECT.—On making an election under exceeds that percentage, the excess shall be f paragraph (1), a State— taken into account in making subsequent ad- AMENDMENTS SUBMITTED AND ‘‘(A) assumes all Federal obligations relat- justments under subparagraph (A)(ii). ing to each program that is the subject of ‘‘(f) APPLICATION WITH OTHER AUTHORITY.— PROPOSED the election; and Any contract authority under this chapter SA 1736. Mr. PORTMAN (for himself and ‘‘(B) shall fulfill those obligations using (and any obligation limitation) authorized Mr. COBURN) submitted an amendment in- the amounts transferred to the State under for a State for a fiscal year for which an tended to be proposed by him to the bill S. subsection (e). election by that State is in effect under sub- 1813, to reauthorize Federal-aid highway and ‘‘(c) STATE RESPONSIBILITY.— section (b)— highway safety construction programs, and ‘‘(1) IN GENERAL.—The Governor of a State ‘‘(1) shall be rescinded or canceled; and for other purposes; which was ordered to lie making an election under subsection (b) ‘‘(2) shall not be reallocated or distributed on the table. shall— to any other State under the Federal-aid SA 1737. Mr. COBURN (for himself and Mr. ‘‘(A) agree to maintain the Interstate Sys- highway program. ‘‘(g) MAINTENANCE OF EFFORT.— UDALL of Colorado) submitted an amend- tem in accordance with the current Inter- ment intended to be proposed by him to the state System program; ‘‘(1) IN GENERAL.—Not later than 30 days bill S. 1813, supra; which was ordered to lie ‘‘(B) submit a plan to the Secretary de- after the date on which an amount is distrib- on the table. scribing— uted to a State or State agency under the SA 1738. Mr. COBURN submitted an ‘‘(i) the purposes, projects, and uses to State Highway Flexibility Act or an amend- amendment intended to be proposed by him which amounts received under the program ment made by that Act, the Governor of the to the bill S. 1813, supra; which was ordered will be put; and State shall certify to the Secretary that the to lie on the table. ‘‘(ii) which programmatic requirements of State will maintain the effort of the State SA 1739. Mrs. MURRAY submitted an this title the State elects to continue; with regard to State funding for the types of amendment intended to be proposed to ‘‘(C) agree to obligate or expend amounts projects that are funded by the amounts. ‘‘(2) AMOUNTS.—As part of the certifi- amendment SA 1730 proposed by Mr. REID to received under the direct Federal-aid high- the bill S. 1813, supra; which was ordered to way program exclusively for projects that cation, the Governor shall submit to the Sec- lie on the table. would be eligible for funding under section retary a statement identifying the amount SA 1740. Mrs. MURRAY submitted an 133(b) if the State was not participating in of funds the State plans to expend from amendment intended to be proposed to the program; and State sources during the covered period, for the types of projects that are funded by the amendment SA 1730 proposed by Mr. REID to ‘‘(D) agree to report annually to the Sec- the bill S. 1813, supra; which was ordered to retary on the use of amounts received under amounts. ‘‘(h) TREATMENT OF GENERAL REVENUES.— lie on the table. the direct Federal-aid highway program and For purposes of this section, any general rev- SA 1741. Mr. LEVIN (for himself and Mr. to make the report available to the public in enue funds appropriated to the Highway CONRAD) submitted an amendment intended an easily accessible format. ‘‘(2) NO FEDERAL LIMITATION ON USE OF Trust Fund shall be transferred to a State to be proposed by him to the bill S. 1813, under the program in the manner described supra; which was ordered to lie on the table. FUNDS.—Except as provided in paragraph (1), the expenditure or obligation of funds re- in subsection (e)(1).’’. f ceived by a State under the direct Federal- (b) CONFORMING AMENDMENT.—The analysis for title 23, United States Code (as amended TEXT OF AMENDMENTS aid highway program shall not be subject to any Federal regulation under this title (ex- by section 1115(b)), is amended by inserting after the item relating to section 149 the fol- cept for this section), title 49, or any other lowing: SA 1736. Mr. PORTMAN (for himself Federal law. ‘‘(3) ELECTION IRREVOCABLE.—An election ‘‘168. Direct Federal-aid highway program’’. and Mr. COBURN) submitted an amend- under subsection (b) shall be irrevocable dur- SEC. ll03. ALTERNATIVE FUNDING OF PUBLIC ment intended to be proposed by him ing the applicable fiscal year. TRANSPORTATION PROGRAMS. to the bill S. 1813, to reauthorize Fed- ‘‘(d) EFFECT ON PREEXISTING COMMIT- (a) IN GENERAL.—Chapter 53 of title 49, eral-aid highway and highway safety MENTS.—The making of an election under United States Code (as amended by section construction programs, and for other subsection (b) shall not affect any responsi- 20030), is amended by adding at the end the following: purposes; which was ordered to lie on bility or commitment of the State under this the table; as follows: title for any fiscal year with respect to— ‘‘§ 5341. Alternative funding of public trans- ‘‘(1) a project or program funded under this portation programs At the appropriate place, add the fol- title (other than under this section); or ‘‘(a) DEFINITIONS.—In this section— lowing: ‘‘(2) any project or program funded under ‘‘(1) ALTERNATIVE FUNDING PROGRAM.—The Subtitle—State Transportation Flexibility this title in any fiscal year for which an elec- term ‘alternative funding program’ means SEC. ll01. SHORT TITLE. tion under subsection (b) is not in effect. the program established under subsection This subtitle may be cited as the ‘‘State ‘‘(e) TRANSFERS.— (c). Transportation Flexibility Act’’. ‘‘(1) IN GENERAL.—The amount to be trans- ‘‘(2) COVERED PROGRAMS.—The term ‘cov- ferred to a State under the direct Federal-aid ered programs’ means the programs author- SEC. ll02. DIRECT FEDERAL-AID HIGHWAY PRO- highway program for a fiscal year shall be GRAM. ized under— the portion of the taxes appropriated to the ‘‘(A) sections 5305, 5307, 5308, 5309, 5310, 5311, (a) IN GENERAL.—Chapter 1 of title 23, Highway Trust Fund under section 9503 of United States Code (as amended by section 5316, 5317, 5320, 5335, 5339, and 5340; and the Internal Revenue Code of 1986, other than 1115(a)), is amended by adding at the end the ‘‘(B) section 3038 of the Federal Transit Act for the Mass Transit Account, for that fiscal following: of 1998 (49 U.S.C. 5310 note). year that is attributable to highway users in ‘‘(b) ELECTION BY STATE NOT TO PARTICI- ‘‘§ 168. Direct Federal-aid highway program that State during that fiscal year, reduced PATE.— ‘‘(a) ELECTION BY STATE NOT TO PARTICI- by a pro rata share withheld by the Sec- ‘‘(1) IN GENERAL.—Notwithstanding any PATE.—Notwithstanding any other provision retary to fund contract authority for pro- other provision of law, a State may elect not of law, a State may elect not to participate grams of the National Highway Traffic Safe- to participate in all Federal programs relat- in any Federal program relating to high- ty Administration and the Federal Motor ing to public transportation funded under ways, including a Federal highway program Carrier Safety Administration. the Mass Transit Account of the Highway under the SAFETEA LU (Public Law 109 59; ‘‘(2) TRANSFERS UNDER PROGRAM.— Trust Fund, including the Federal public 119 Stat. 1144), this title, or title 49. ‘‘(A) IN GENERAL.—Transfers under the pro- transportation programs under the ‘‘(b) DIRECT FEDERAL-AID HIGHWAY PRO- gram— SAFETEA LU (Public Law 109 59; 119 Stat. GRAM.— ‘‘(i) shall be made at the same time as de- 1144), title 23, or this title. ‘‘(1) IN GENERAL.—Beginning in fiscal year posits to the Highway Trust Fund are made ‘‘(2) EFFECT.—On making an election under 2011, the Secretary shall carry out a direct by the Secretary of the Treasury; and paragraph (1), a State— Federal-aid highway program in accordance ‘‘(ii) shall be made on the basis of esti- ‘‘(A) assumes all Federal obligations relat- with the requirements of this section under mates by the Secretary, in consultation with ing to each program that is the subject of which the legislature of a State may elect, the Secretary of the Treasury, based on the the election; and

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1052 CONGRESSIONAL RECORD — SENATE February 27, 2012 ‘‘(B) shall fulfill those obligations using exceed 5 percent of the transferred amount program, office, or initiative is necessary if the amounts transferred to the State under to which the adjustment relates. If the ad- a similar program or programs, office or of- subsection (e). justment required under subparagraph (A)(ii) fices, or initiative or initiatives already ‘‘(c) PUBLIC TRANSPORTATION PROGRAM.— exceeds that percentage, the excess shall be exist.’’. ‘‘(1) PROGRAM ESTABLISHED.—Beginning in taken into account in making subsequent ad- (c) SENATE.—Rule XVII of the Standing fiscal year 2011, the Secretary shall carry out justments under subparagraph (A)(ii). Rules of the Senate is amended by inserting an alternative funding program under which ‘‘(f) CONTRACT AUTHORITY.—There shall be at the end thereof the following: the legislature of a State may elect, not rescinded or canceled any contract authority ‘‘6. (a) It shall not be in order in the Senate fewer than 90 days before the beginning of a under this chapter (and any obligation limi- to proceed to any bill or joint resolution un- fiscal year— tation) authorized for a State for a fiscal less the committee of jurisdiction has pre- ‘‘(A) to waive the right of the State to re- year for which the State elects to participate pared and posted on the committee website ceive amounts apportioned or allocated to in the alternative funding program. an overlapping and duplicative programs the State under the covered programs for the ‘‘(g) MAINTENANCE OF EFFORT.— analysis and explanation for the bill or joint fiscal year to which the election relates; and ‘‘(1) IN GENERAL.—Not later than 30 days resolution as described in subparagraph (b) ‘‘(B) to receive an amount for that fiscal after the date on which an amount is distrib- prior to proceeding. ‘‘(b) The analysis and explanation required year that is determined in accordance with uted to a State or State agency under the by this subparagraph shall contain— subsection (e). State Highway Flexibility Act or an amend- ‘‘(1) an analysis by the Congressional Re- ‘‘(2) PROGRAM REQUIREMENTS.— ment made by that Act, the Governor of the search Service to determine if the bill or ‘‘(A) IN GENERAL.—The Governor of a State State shall certify to the Secretary that the joint resolution creates any new Federal pro- that participates in the alternative funding State will maintain the effort of the State program shall— gram, office, or initiative that would dupli- with regard to State funding for the types of cate or overlap any existing Federal pro- ‘‘(i) submit a plan to the Secretary describ- projects that are funded by the amounts. ing— gram, office, or initiative with similar mis- ‘‘(2) AMOUNTS.—The certification under sion, purpose, goals, or activities along with ‘‘(I) the purposes, projects, and uses to paragraph (1) shall include a statement iden- which amounts received under the alter- a listing of all of the overlapping or duplica- tifying the amount of funds the State plans tive Federal program or programs, office or native funding program will be put; and to expend from State sources for projects ‘‘(II) which programmatic requirements of offices, or initiative or initiatives; and funded under the alternative funding pro- ‘‘(2) an explanation provided by the com- this title the State elects to continue; gram, during the fiscal year for which the ‘‘(ii) agree to obligate or expend amounts mittee as to why the creation of each new State elects to participate in the alternative program, office, or initiative is necessary if received under the alternative funding pro- funding program. gram exclusively for projects that would be a similar program or programs, office or of- ‘‘(h) TREATMENT OF GENERAL REVENUES.— fices, or initiative or initiatives already eligible for funding under the covered pro- For purposes of this section, any general rev- grams if the State was not participating in exist. enue funds appropriated to the Highway ‘‘(c) This paragraph may be waived by joint the alternative funding program; and Trust Fund shall be transferred to a State agreement of the Majority Leader and the ‘‘(iii) submit to the Secretary an annual under the program in the manner described Minority Leader of the Senate upon their report on the use of amounts received under in subsection (e).’’. certification that such waiver is necessary as the alternative funding program, and to (b) CONFORMING AMENDMENT.—The analysis a result of— make the report available to the public in an for title 49, United States Code (as amended ‘‘(1) a significant disruption to Senate fa- easily accessible format. by section 20031(k)), is amended by adding cilities or to the availability of the Internet; ‘‘(B) NO FEDERAL LIMITATION ON USE OF after the item relating to section 5340 the or FUNDS.—Except as provided in subparagraph following: ‘‘(2) an emergency as determined by the (A), the expenditure or obligation of funds ‘‘5341. Alternative funding of public transpor- leaders.’’. received by a State under the alternative tation programs’’. funding program shall not be subject to the SA 1738. Mr. COBURN submitted an provisions of this title (except for this sec- SA 1737. Mr. COBURN (for himself amendment intended to be proposed by tion), title 23, or any other Federal law. him to the bill S. 1813, to reauthorize ‘‘(3) ELECTION IRREVOCABLE.—An election and Mr. UDALL of Colorado) submitted under paragraph (1) shall be irrevocable dur- an amendment intended to be proposed Federal-aid highway and highway safe- ing the applicable fiscal year. by him to the bill S. 1813, to reauthor- ty construction programs, and for ‘‘(d) EFFECT ON PREEXISTING COMMIT- ize Federal-aid highway and highway other purposes; which was ordered to MENTS.—Participation in the alternative safety construction programs, and for lie on the table; as follows: funding program shall not affect any respon- other purposes; which was ordered to At the appropriate place, insert the fol- sibility or commitment of the State under lowing: lie on the table; as follows: this title for any fiscal year with respect SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- to— At the appropriate place, insert the fol- CATIVE AND OVERLAPPING GOV- ‘‘(1) a project or program funded under this lowing: ERNMENT PROGRAMS. title (other than under this section); or SEC. lll. PREVENTING DUPLICATIVE AND Notwithstanding any other provision of ‘‘(2) any project or program funded under OVERLAPPING GOVERNMENT PRO- law and not later than 150 days after the date this title in any fiscal year for which the GRAMS. of enactment of this Act, the Director of the State elects not to participate in the alter- (a) SHORT TITLE.—This section may be Office of Management and Budget shall co- native funding program. cited as the ‘‘Preventing Duplicative and ordinate with the heads of the relevant de- ‘‘(e) TRANSFERS.— Overlapping Government Programs Act’’. partment and agencies to— ‘‘(1) IN GENERAL.—The amount to be trans- (b) REPORTED LEGISLATION.—Paragraph 11 (1) use available administrative authority ferred to a State under the alternative fund- of rule XXVI of the Standing Rules of the to eliminate, consolidate, or streamline Gov- ing program for a fiscal year shall be the Senate is amended— ernment programs and agencies with dupli- portion of the taxes transferred to the Mass (1) in subparagraph (c), by striking ‘‘and cative and overlapping missions identified in Transit Account of the Highway Trust Fund (b)’’ and inserting ‘‘(b), and (c)’’; the— under section 9503(e) of the Internal Revenue (2) by redesignating subparagraph (c) and (A) March 2011 Government Accountability Code of 1986, for that fiscal year, that is at- subparagraph (d); and Office report to Congress entitled ‘‘Opportu- tributable to highway users in that State (3) by inserting after subparagraph (b) the nities to Reduce Potential Duplication in during that fiscal year. following: Government Programs, Save Tax Dollars, ‘‘(2) TRANSFERS.— ‘‘(c) The report accompanying each bill or and Enhance Revenue’’ (GAO 11 318SP); and ‘‘(A) IN GENERAL.—Transfers under the pro- joint resolution of a public character re- (B) February 2012 Government Account- gram— ported by any committee (including the ability Office report to Congress entitled ‘‘(i) shall be made at the same time as Committee on Appropriations and the Com- ‘‘2012 Annual Report: Opportunities to Re- transfers to the Mass Transit Account of the mittee on the Budget) shall contain— duce Potential Duplication in Government Highway Trust Fund are made by the Sec- ‘‘(1) an analysis by the Congressional Re- Programs, Save Tax Dollars, and Enhance retary of the Treasury; and search Service to determine if the bill or Revenue’’ (GAO 12 342SP); ‘‘(ii) shall be made on the basis of esti- joint resolution creates any new Federal pro- (2) identify and report to Congress any leg- mates by the Secretary, in consultation with gram, office, or initiative that would dupli- islative changes required to further elimi- the Secretary of the Treasury, based on the cate or overlap any existing Federal pro- nate, consolidate, or streamline Government most recent data available, and proper ad- gram, office, or initiative with similar mis- programs and agencies with duplicative and justments shall be made in amounts subse- sion, purpose, goals, or activities along with overlapping missions identified in the— quently transferred, to the extent prior esti- a listing of all of the overlapping or duplica- (A) March 2011 Government Accountability mates were in excess of, or less than, the tive Federal program or programs, office or Office report to Congress entitled ‘‘Opportu- amounts required to be transferred. offices, or initiative or initiatives; and nities to Reduce Potential Duplication in ‘‘(B) LIMITATION.—An adjustment under ‘‘(2) an explanation provided by the com- Government Programs, Save Tax Dollars, subparagraph (A)(ii) to any transfer may not mittee as to why the creation of each new and Enhance Revenue’’ (GAO 11 318SP); and

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(B) February 2012 Government Account- Sec. ll103. Treatment of foreign corpora- ‘‘(a) SPECIAL MEASURES TO COUNTER MONEY ability Office report to Congress entitled tions managed and controlled LAUNDERING AND EFFORTS TO IMPEDE UNITED ‘‘2012 Annual Report: Opportunities to Re- in the United States as domes- STATES TAX ENFORCEMENT.—’’; duce Potential Duplication in Government tic corporations. (3) in subsection (c), by striking all before Programs, Save Tax Dollars, and Enhance Sec. ll104. Reporting United States bene- paragraph (1) and inserting the following: Revenue’’ (GAO 12 342SP); ficial owners of foreign owned ‘‘(c) CONSULTATIONS AND INFORMATION TO (3) determine the total cost savings that financial accounts. BE CONSIDERED IN FINDING JURISDICTIONS, IN- shall result to each agency, office, and de- Sec. ll105. Swap payments made from the STITUTIONS, TYPES OF ACCOUNTS, OR TRANS- partment from the actions described in para- United States to persons off- ACTIONS TO BEOFPRIMARY MONEY LAUN- graph (1); and shore. DERING CONCERN OR TO BE IMPEDING UNITED (4) rescind from the appropriate accounts Sec. ll106. Tax on income of controlled STATES TAX ENFORCEMENT.—’’; and apply the savings towards deficit reduc- foreign corporation deposited in (4) in subsection (a)(1), by inserting ‘‘or is tion the amount greater of— financial account located in the impeding United States tax enforcement’’ (A) $10,000,000,000; or United States. after ‘‘primary money laundering concern’’; (5) in subsection (a)(4)— (B) the total amount of cost savings esti- Subtitle B—Other Measures to Combat Tax (A) in subparagraph (A)— mated by paragraph (3). Haven and Tax Shelter Abuses (i) by inserting ‘‘in matters involving Sec. ll111. Country-by-country reporting. SA 1739. Mrs. MURRAY submitted an money laundering,’’ before ‘‘shall consult’’; Sec. ll112. Penalty for failing to disclose and amendment intended to be proposed to offshore holdings. (ii) by striking ‘‘and’’ at the end; amendment SA 1730 proposed by Mr. Sec. ll113. Deadline for anti-money laun- (B) by redesignating subparagraph (B) as REID to the bill S. 1813, to reauthorize dering rule for private funds subparagraph (C); and Federal-aid highway and highway safe- and venture capital funds. (C) by inserting after subparagraph (A) the ty construction programs, and for Sec. ll114. Anti-money laundering require- following new subparagraph: other purposes; which was ordered to ments for formation agents. ‘‘(B) in matters involving United States Sec. ll115. Strengthening John Doe sum- lie on the table; as follows: tax enforcement, shall consult with the Com- mons proceedings. missioner of the Internal Revenue Service, On page 6, strike lines 15 through 17, and Sec. ll116. Improving enforcement of for- the Secretary of State, the Attorney General insert the following: eign financial account report- of the United States, and in the sole discre- ‘‘(A) in which a substantial portion of each ing. tion of the Secretary, such other agencies line operates in a separated right-of-way Subtitle C—Combating Tax Shelter and interested parties as the Secretary may that is semi-dedicated for public transpor- Promoters find to be appropriate; and’’; tation use during peak periods; Sec. ll121. Penalty for promoting abusive (6) in each of paragraphs (1)(A), (2), (3), and (4) of subsection (b), by inserting ‘‘or to be SA 1740. Mrs. MURRAY submitted an tax shelters. Sec. ll122. Penalty for aiding and abetting impeding United States tax enforcement’’ amendment intended to be proposed to the understatement of tax li- after ‘‘primary money laundering concern’’ amendment SA 1730 proposed by Mr. ability. each place that term appears; REID to the bill S. 1813, to reauthorize Sec. ll123. Prohibited fee arrangement. (7) in subsection (b), by striking paragraph Federal-aid highway and highway safe- Sec. ll124. Preventing tax shelter activi- (5) and inserting the following new para- ty construction programs, and for ties by financial institutions. graph: ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN- other purposes; which was ordered to Sec. ll125. Information sharing for en- ING OR MAINTAINING CERTAIN CORRESPONDENT lie on the table; as follows: forcement purposes. Sec. ll126. Disclosure of information to OR PAYABLE-THROUGH ACCOUNTS OR AUTHOR- On page 13, line 24, insert ‘‘and other high Congress. IZING CERTAIN PAYMENT CARDS.—If the Sec- occupancy vehicles’’ before the semicolon at Sec. ll127. Tax opinion standards for tax retary finds a jurisdiction outside of the the end. practitioners. United States, 1 or more financial institu- tions operating outside of the United States, Subtitle D—Reformation of U.S. Mr. LEVIN (for himself and or 1 or more classes of transactions within or SA 1741. International Tax System Mr. CONRAD) submitted an amendment involving a jurisdiction outside of the United intended to be proposed by him to the Sec. ll131. Allocation of expenses and States to be of primary money laundering taxes on basis of repatriation of bill S. 1813, to reauthorize Federal-aid concern or to be impeding United States tax foreign income. enforcement, the Secretary, in consultation highway and highway safety construc- Sec. ll132. Excess income from transfers of with the Secretary of State, the Attorney tion programs, and for other purposes; intangibles to low-taxed affili- General of the United States, and the Chair- which was ordered to lie on the table; ates treated as subpart F in- man of the Board of Governors of the Federal as follows: come. Reserve System, may prohibit, or impose At the end, add the following: Sec. ll133. Limitations on income shifting conditions upon— through intangible property ‘‘(A) the opening or maintaining in the DIVISIONll—CUT LOOPHOLES transfers. United States of a correspondent account or SECTION ll001. SHORT TITLE; ETC. Sec. ll134. Limitation on earnings strip- payable-through account; or (a) SHORT TITLE.—This division may be ping by expatriated entities. ‘‘(B) the authorization, approval, or use in cited as the ‘‘Cut Unjustified Tax Loopholes TITLE II—ENDING EXCESSIVE COR- the United States of a credit card, charge Act’’ or ‘‘CUT Loopholes Act’’. PORATE TAX DEDUCTIONS FOR STOCK card, debit card, or similar credit or debit fi- (b) AMENDMENT OF 1986 CODE.—Except as OPTIONS nancial instrument by any domestic finan- otherwise expressly provided, whenever in Sec. ll201. Consistent treatment of stock cial institution, financial agency, or credit this division an amendment or repeal is ex- options by corporations. card company or association, for or on behalf pressed in terms of an amendment to, or re- Sec. ll202. Application of executive pay of a foreign banking institution, if such cor- peal of, a section or other provision, the ref- deduction limit. respondent account, payable-through ac- erence shall be considered to be made to a count, credit card, charge card, debit card, or TITLE I—ENDING OFFSHORE TAX ABUSES section or other provision of the Internal similar credit or debit financial instrument, Revenue Code of 1986. Subtitle A—Deterring the Use of Tax Havens involves any such jurisdiction or institution, (c) TABLE OF CONTENTS.—The table of con- for Tax Evasion or if any such transaction may be conducted tents of this division is as follows: SEC. ll101. AUTHORIZING SPECIAL MEASURES through such correspondent account, pay- DIVISION ll—CUT LOOPHOLES AGAINST FOREIGN JURISDICTIONS, able-through account, credit card, charge FINANCIAL INSTITUTIONS, AND OTH- Sec. ll001. Short title; etc. card, debit card, or similar credit or debit fi- ERS THAT IMPEDE UNITED STATES nancial instrument.’’; TITLE I—ENDING OFFSHORE TAX TAX ENFORCEMENT. (8) in subsection (c)(1), by inserting ‘‘or is ABUSES (a) IN GENERAL.—Section 5318A of title 31, impeding United States tax enforcement’’ United States Code, is amended— Subtitle A—Deterring the Use of Tax Havens after ‘‘primary money laundering concern’’; (1) by striking the section heading and in- for Tax Evasion (9) in subsection (c)(2)(A)— serting the following new heading: Sec. ll101. Authorizing special measures (A) in clause (ii), by striking ‘‘bank secrecy against foreign jurisdictions, fi- ‘‘§ 5318A. Special measures for jurisdictions, or special regulatory advantages’’ and in- nancial institutions, and others financial institutions, or international serting ‘‘bank, tax, corporate, trust, or fi- that impede United States tax transactions that are of primary money nancial secrecy or regulatory advantages’’; enforcement. laundering concern or impede United (B) in clause (iii), by striking ‘‘supervisory Sec. ll102. Strengthening the Foreign Ac- States tax enforcement’’; and counter-money’’ and inserting ‘‘super- count Tax Compliance Act (2) in subsection (a), by striking all before visory, international tax enforcement, and (FATCA). paragraph (1) and inserting the following: counter-money’’;

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(C) in clause (v), by striking ‘‘banking or ‘‘SEC. 7492. PRESUMPTIONS PERTAINING TO EN- (3) PRESUMPTIONS FOR SECURITIES LAW PUR- secrecy’’ and inserting ‘‘banking, tax, or se- TITIES AND TRANSACTIONS INVOLV- POSES.—Section 21 of the Securities Ex- crecy’’; and ING NON-FATCA INSTITUTIONS. change Act of 1934 (15 U.S.C. 78u) is amended (D) in clause (vi), by inserting ‘‘, tax trea- ‘‘(a) CONTROL.—For purposes of any United by adding at the end the following new sub- ty, or tax information exchange agreement’’ States civil judicial or administrative pro- section: after ‘‘treaty’’; ceeding to determine or collect tax, there ‘‘(j) PRESUMPTIONS PERTAINING TO CONTROL (10) in subsection (c)(2)(B)— shall be a rebuttable presumption that a AND BENEFICIAL OWNERSHIP.— (A) in clause (i), by inserting ‘‘or tax eva- United States person (other than an entity ‘‘(1) CONTROL.—For purposes of any civil sion’’ after ‘‘money laundering’’; and with shares regularly traded on an estab- judicial or administrative proceeding under (B) in clause (iii), by inserting ‘‘, tax eva- lished securities market) who, directly or in- this title, there shall be a rebuttable pre- sion,’’ after ‘‘money laundering’’; and directly, formed, transferred assets to, was a sumption that a United States person (other (11) in subsection (d), by inserting ‘‘involv- beneficiary of, had a beneficial interest in, or than an entity with shares regularly traded ing money laundering, and shall notify, in received money or property or the use there- on an established securities market) who, di- writing, the Committee on Finance of the of from an entity, including a trust, corpora- rectly or indirectly, formed, transferred as- Senate and the Committee on Ways and tion, limited liability company, partnership, sets to, was a beneficiary of, had a beneficial Means of the House of Representatives of or foundation (other than an entity with interest in, or received money or property or any such action involving United States tax shares regularly traded on an established se- the use thereof from an entity, including a enforcement’’ after ‘‘such action’’. curities market), that holds an account, or trust, corporation, limited liability com- in any other manner has assets, in a non- pany, partnership, or foundation (other than (b) EFFECTIVE DATE.—The amendments an entity with shares regularly traded on an made by this section shall take effect on the FATCA institution, exercised control over established securities market), that holds an date of the enactment of this Act. such entity. The presumption of control cre- ated by this subsection shall not be applied account, or in any other manner has assets, SEC. ll102. STRENGTHENING THE FOREIGN AC- to prevent the Secretary from determining in a non-FATCA institution (as defined in COUNT TAX COMPLIANCE ACT or arguing the absence of control. section 7701(a)(51) of the Internal Revenue (FATCA). ‘‘(b) TRANSFERS OF INCOME.—For purposes Code of 1986), exercised control over such en- (a) REPORTING ACTIVITIES WITH RESPECT TO of any United States civil judicial or admin- tity. The presumption of control created by PASSIVE FOREIGN INVESTMENT COMPANIES.— istrative proceeding to determine or collect this paragraph shall not be applied to pre- Section 1298(f) is amended by inserting ‘‘, or tax, there shall be a rebuttable presumption vent the Commission from determining or who directly or indirectly forms, transfers that any amount or thing of value received arguing the absence of control. assets to, is a beneficiary of, has a beneficial by a United States person (other than an en- ‘‘(2) BENEFICIAL OWNERSHIP.—For purposes interest in, or receives money or property or tity with shares regularly traded on an es- of any civil judicial or administrative pro- the use thereof from,’’ after ‘‘shareholder tablished securities market) directly or indi- ceeding under this title, there shall be a re- of’’. rectly from an account or from an entity buttable presumption that securities that (b) WITHHOLDABLE PAYMENTS TO FOREIGN (other than an entity with shares regularly are nominally owned by an entity, including FINANCIAL INSTITUTIONS.—Section 1471(d) is traded on an established securities market) a trust, corporation, limited liability com- amended— that holds an account, or in any other man- pany, partnership, or foundation (other than (1) by inserting ‘‘or transaction’’ after ner has assets, in a non-FATCA institution, an entity with shares regularly traded on an ‘‘any depository’’ in paragraph (2)(A), and constitutes income of such person taxable in established securities market), and that are (2) by striking ‘‘or any interest’’ and all the year of receipt; and any amount or thing held in a non-FATCA institution (as so de- that follows in paragraph (5)(C) and inserting of value paid or transferred by or on behalf fined), are beneficially owned by any United ‘‘derivatives, or any interest (including a fu- of a United States person (other than an en- States person (other than an entity with tures or forward contract, swap, or option) in tity with shares regularly traded on an es- shares regularly traded on an established se- such securities, partnership interests, com- tablished securities market) directly or indi- curities market) who directly or indirectly modities, or derivatives.’’. rectly to an account, or entity (other than exercised control over such entity. The pre- sumption of beneficial ownership created by (c) WITHHOLDABLE PAYMENTS TO OTHER an entity with shares regularly traded on an this paragraph shall not be applied to pre- FOREIGN FINANCIAL INSTITUTIONS.—Section established securities market) that holds an vent the Commission from determining or 1472 is amended— account, or in any other manner has assets, arguing the absence of beneficial owner- (1) by inserting ‘‘as a result of any cus- in a non-FATCA institution, represents pre- ship.’’. tomer identification, anti-money laundering, viously unreported income of such person (4) PRESUMPTION FOR REPORTING PURPOSES anti-corruption, or similar obligation to taxable in the year of the transfer. RELATING TO FOREIGN FINANCIAL ACCOUNTS.— identify account holders,’’ after ‘‘reason to ‘‘(c) REBUTTING THE PRESUMPTIONS.—The Section 5314 of title 31, United States Code, presumptions established in this section may know,’’ in subsection (b)(2), and is amended by adding at the end the fol- be rebutted only by clear and convincing evi- (2) by inserting ‘‘as posing a low risk of tax lowing new subsection: dence, including detailed documentary, tes- evasion’’ after ‘‘this subsection’’ in sub- ‘‘(d) REBUTTABLE PRESUMPTION.—For pur- section (c)(1)(G). timonial, and transactional evidence, estab- poses of this section, there shall be a rebut- (d) DEFINITIONS.—Clauses (i) and (ii) of sec- lishing that— table presumption that any account with a tion 1473(2)(A) are each amended by inserting ‘‘(1) in subsection (a), such taxpayer exer- non-FATCA institution (as defined in section ‘‘or as a beneficial owner’’ after ‘‘indirectly’’. cised no control, directly or indirectly, over 7701(a)(51) of the Internal Revenue Code of account or entity at the time in question, (e) SPECIAL RULES.—Section 1474(c) is 1986) contains funds in an amount that is at amended— and least sufficient to require a report prescribed (1) by inserting ‘‘, except that information ‘‘(2) in subsection (b), such amounts or by regulations under this section.’’. provided under sections 1471(c) or 1472(b) may things of value did not represent income re- (5) REGULATORY AUTHORITY.—Not later be disclosed to any Federal law enforcement lated to such United States person. than 180 days after the date of the enactment agency, upon request or upon the initiation Any court having jurisdiction of a civil pro- of this Act, the Secretary of the Treasury of the Secretary, to investigate or address a ceeding in which control of such an offshore and the Chairman of the Securities and Ex- possible violation of United States law’’ account or offshore entity or the income change Commission shall each adopt regula- after ‘‘shall apply’’ in paragraph (1), and character of such receipts or amounts trans- tions or other guidance necessary to imple- (2) by inserting ‘‘, or has had an agreement ferred is an issue shall prohibit the introduc- ment the amendments made by this sub- terminated under such section,’’ after ‘‘sec- tion by the taxpayer of any foreign based section. The Secretary and the Chairman tion 1471(b)’’ in paragraph (2). document that is not authenticated in open may by regulation or guidance provide that court by a person with knowledge of such the presumption of control shall not extend (f) INFORMATION WITH RESPECT TO FOREIGN document, or any other evidence supplied by to particular classes of transactions, such as FINANCIAL ASSETS.—Section 6038D(a) is a person outside the jurisdiction of a United corporate reorganizations or transactions amended by inserting ‘‘ownership or bene- States court, unless such person appears be- below a specified dollar threshold, if either ficial ownership’’ after ‘‘holds any’’. fore the court.’’. determines that applying such amendments (g) ESTABLISHING PRESUMPTIONS FOR ENTI- (B) The table of subchapters for chapter 76 to such transactions is not necessary to TIES AND TRANSACTIONS INVOLVING NON- is amended by inserting after the item relat- carry out the purposes of such amendments. FATCA INSTITUTIONS.— ing to subchapter E the following new item: (h) EFFECTIVE DATE.—The amendments (1) PRESUMPTIONS FOR TAX PURPOSES.— ‘‘SUBCHAPTER F—PRESUMPTIONS FOR CERTAIN made by this section shall take effect on the (A) IN GENERAL.—Chapter 76 is amended by LEGAL PROCEEDINGS’’. date which is 180 days after the date of the inserting after section 7491 the following new enactment of this Act, whether or not regu- subchapter: (2) DEFINITION OF NON-FATCA INSTITUTION.— lations are issued under subsection (g)(5). Section 7701(a) is amended by adding at the SEC. ll103. TREATMENT OF FOREIGN CORPORA- ‘‘Subchapter F—Presumptions for Certain end the following new paragraph: Legal Proceedings TIONS MANAGED AND CONTROLLED ‘‘(51) NON-FATCA INSTITUTION.—The term IN THE UNITED STATES AS DOMES- ‘‘Sec. 7492. Presumptions pertaining to enti- ‘non-FATCA institution’ means any finan- TIC CORPORATIONS. ties and transactions involving cial institution that does not meet the re- (a) IN GENERAL.—Section 7701 is amended non-FATCA institutions. porting requirements of section 1471(b).’’. by redesignating subsection (p) as subsection

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In the event the CONTROLLED IN THE UNITED STATES TREATED ‘‘(C) CORPORATIONS PRIMARILY HOLDING IN- person filing such return does not have a AS DOMESTIC FOR INCOME TAX.— VESTMENT ASSETS.—Such regulations shall current address for the United States bene- ‘‘(1) IN GENERAL.—Notwithstanding sub- also provide that the management and con- ficial owner, such written statement may be section (a)(4), in the case of a corporation de- trol of a corporation shall be treated as oc- mailed to the address of the foreign entity. scribed in paragraph (2) if— curring primarily within the United States ‘‘SEC. 6045D. RETURNS BY FINANCIAL INSTITU- ‘‘(A) the corporation would not otherwise if— TIONS REGARDING ESTABLISHMENT be treated as a domestic corporation for pur- ‘‘(i) the assets of such corporation (directly OF ACCOUNTS IN NON-FATCA INSTI- poses of this title, but or indirectly) consist primarily of assets TUTIONS. ‘‘(B) the management and control of the being managed on behalf of investors, and ‘‘(a) REQUIREMENT OF RETURN.—Any finan- corporation occurs, directly or indirectly, ‘‘(ii) decisions about how to invest the as- cial institution directly or indirectly open- primarily within the United States, sets are made in the United States.’’. ing a bank, brokerage, or other financial ac- count for or on behalf of an offshore entity, then, solely for purposes of chapter 1 (and (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable including a trust, corporation, limited liabil- any other provision of this title relating to ity company, partnership, or foundation chapter 1), the corporation shall be treated years beginning on or after the date which is 2 years after the date of the enactment of (other than an entity with shares regularly as a domestic corporation. traded on an established securities market), this Act, whether or not regulations are ‘‘(2) CORPORATION DESCRIBED.— in a non-FATCA institution (as defined in issued under section 7701(p)(3) of the Internal ‘‘(A) IN GENERAL.—A corporation is de- section 7701(a)(51)) at the direction of, on be- Revenue Code of 1986, as added by this sec- scribed in this paragraph if— half of, or for the benefit of a United States tion. ‘‘(i) the stock of such corporation is regu- person shall make a return according to the larly traded on an established securities SEC. ll104. REPORTING UNITED STATES BENE- forms or regulations prescribed by the Sec- market, or FICIAL OWNERS OF FOREIGN OWNED FINANCIAL ACCOUNTS. retary. ‘‘(ii) the aggregate gross assets of such cor- ‘‘(b) REQUIRED INFORMATION.—For purposes (a) IN GENERAL.—Subpart B of part III of poration (or any predecessor thereof), includ- of subsection (a) the information required to subchapter A of chapter 61 is amended by in- ing assets under management for investors, be included on the return shall include— serting after section 6045B the following new whether held directly or indirectly, at any ‘‘(1) the name, address, and taxpayer iden- sections: time during the taxable year or any pre- tification number of such United States per- ceding taxable year is $50,000,000 or more. ‘‘SEC. 6045C. RETURNS REGARDING UNITED son, STATES BENEFICIAL OWNERS OF FI- ‘‘(B) GENERAL EXCEPTION.—A corporation ‘‘(2) the name and address of the financial shall not be treated as described in this para- NANCIAL ACCOUNTS LOCATED IN THE UNITED STATES AND HELD IN institution at which a financial account is graph if— THE NAME OF A FOREIGN ENTITY. opened, the type of account, the account ‘‘(i) such corporation was treated as a cor- ‘‘(a) REQUIREMENT OF RETURN.—If— number, the name under which the account poration described in this paragraph in a pre- ‘‘(1) any withholding agent under sections was opened, and the amount of the initial de- ceding taxable year, 1441 and 1442 has the control, receipt, cus- posit, ‘‘(ii) such corporation— tody, disposal, or payment of any amount ‘‘(3) if the account is held in the name of ‘‘(I) is not regularly traded on an estab- constituting gross income from sources with- an entity, the name and address of such enti- lished securities market, and in the United States of any foreign entity, ty, the type of entity, and the name and ad- ‘‘(II) has, and is reasonably expected to including a trust, corporation, limited liabil- dress of any company formation agent or continue to have, aggregate gross assets (in- ity company, partnership, or foundation other professional employed to form or ac- cluding assets under management for inves- (other than an entity with shares regularly quire the entity, and tors, whether held directly or indirectly) of traded on an established securities market), ‘‘(4) such other information as the Sec- less than $50,000,000, and and retary may by forms or regulations provide. ‘‘(iii) the Secretary grants a waiver to such ‘‘(2) such withholding agent determines for ‘‘(c) STATEMENTS TO BE FURNISHED TO corporation under this subparagraph. purposes of titles 14, 18, or 31 of the United UNITED STATES PERSONS WITH RESPECT TO ‘‘(C) EXCEPTION FROM GROSS ASSETS TEST.— States Code that a United States person has WHOM INFORMATION IS REQUIRED TO BE RE- Subparagraph (A)(ii) shall not apply to a cor- any beneficial interest in the foreign entity PORTED.—A financial institution required to poration which is a controlled foreign cor- or in the account in such entity’s name make a return under subsection (a) shall fur- poration (as defined in section 957) and which (hereafter in this section referred to as nish to each United States person whose is a member of an affiliated group (as defined ‘United States beneficial owner’), name is required to be set forth in such re- section 1504, but determined without regard turn a statement showing— then the withholding agent shall make a re- to section 1504(b)(3)) the common parent of ‘‘(1) the name, address, and telephone num- turn according to the forms or regulations which— ber of the information contact of the person prescribed by the Secretary. ‘‘(i) is a domestic corporation (determined required to make such return, and ‘‘(b) REQUIRED INFORMATION.—For purposes without regard to this subsection), and ‘‘(2) the information required to be shown of subsection (a) the information required to ‘‘(ii) has substantial assets (other than on such return with respect to such United be included on the return shall include— cash and cash equivalents and other than States person. ‘‘(1) the name, address, and, if known, the stock of foreign subsidiaries) held for use in taxpayer identification number of the United The written statement required under the the active conduct of a trade or business in States beneficial owner, preceding sentence shall be furnished to such the United States. United States person on or before January 31 ‘‘(3) MANAGEMENT AND CONTROL.— ‘‘(2) the known facts pertaining to the rela- of the year following the calendar year for ‘‘(A) IN GENERAL.—The Secretary shall pre- tionship of such United States beneficial which the return under subsection (a) was re- scribe regulations for purposes of deter- owner to the foreign entity and the account, quired to be made. mining cases in which the management and ‘‘(3) the gross amount of income from ‘‘(d) EXEMPTION.—The Secretary may by control of a corporation is to be treated as sources within the United States (including regulations exempt any class of United occurring primarily within the United gross proceeds from brokerage transactions), States persons or any class of accounts or States. and entities from the requirements of this sec- ‘‘(B) EXECUTIVE OFFICERS AND SENIOR MAN- ‘‘(4) such other information as the Sec- tion if the Secretary determines that apply- AGEMENT.—Such regulations shall provide retary may by forms or regulations provide. ing this section to such persons, accounts, or that— ‘‘(c) STATEMENTS TO BE FURNISHED TO BEN- entities is not necessary to carry out the ‘‘(i) the management and control of a cor- EFICIAL OWNERS WITH RESPECT TO WHOM IN- purposes of this section.’’. poration shall be treated as occurring pri- FORMATION IS REQUIRED TO BE REPORTED.—A (b) PENALTIES.— marily within the United States if substan- withholding agent required to make a return (1) RETURNS.—Section 6724(d)(1)(B) is tially all of the executive officers and senior under subsection (a) shall furnish to each amended by striking ‘‘or’’ at the end of management of the corporation who exercise United States beneficial owner whose name clause (xxiv), by striking ‘‘and’’ at the end of day-to-day responsibility for making deci- is required to be set forth in such return a clause (xxv), and by adding after clause (xxv) sions involving strategic, financial, and statement showing— the following new clauses: operational policies of the corporation are ‘‘(1) the name, address, and telephone num- ‘‘(xxvi) section 6045C(a) (relating to returns located primarily within the United States, ber of the information contact of the person regarding United States beneficial owners of and required to make such return, and financial accounts located in the United ‘‘(ii) individuals who are not executive offi- ‘‘(2) the information required to be shown States and held in the name of a foreign en- cers and senior management of the corpora- on such return with respect to such United tity), or tion (including individuals who are officers States beneficial owner. ‘‘(xxvii) section 6045D(a) (relating to re- or employees of other corporations in the The written statement required under the turns by financial institutions regarding es- same chain of corporations as the corpora- preceding sentence shall be furnished to the tablishment of accounts at non-FATCA in- tion) shall be treated as executive officers United States beneficial owner on or before stitutions), and’’.

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(2) PAYEE STATEMENTS.—Section 6724(d)(2) SEC. ll106. TAX ON INCOME OF CONTROLLED ‘‘(ii) after taking into account any tax de- is amended by striking ‘‘or’’ at the end of FOREIGN CORPORATION DEPOSITED ductions, tax credits, tax forgiveness, or subparagraph (GG), by striking the period at IN FINANCIAL ACCOUNT LOCATED other tax benefits or waivers, total amount the end of subparagraph (HH), and by insert- IN THE UNITED STATES. of tax paid from the treasury of the member ing after subparagraph (HH) the following Section 952(a) is amended by adding at the of the issuer group to the government of new subparagraphs: end the following new sentence: ‘‘Notwith- each country of operation during the covered ‘‘(II) section 6045C(c) (relating to returns standing section 956(c)(2)(A), any property period; and regarding United States beneficial owners of (as defined in section 317(a)) of such con- ‘‘(iii) such other financial information as financial accounts located in the United trolled foreign corporation that is deposited the Commission may determine is necessary States and held in the name of a foreign en- and maintained, directly or indirectly, for or or appropriate to inform the public of the tity), on behalf of such corporation in a financial tax obligations of and payments by each ‘‘(JJ) section 6045D(c) (relating to returns account located in the United States, includ- member of the issuer group; and by financial institutions regarding establish- ing in a correspondent account of a financial ‘‘(E) such other financial information as ment of accounts at non-FATCA institu- institution, is a constructive distribution the Commission may determine is necessary tions).’’. with respect to the stock which such United or appropriate in the public interest or for States shareholder owns.’’. (c) CLERICAL AMENDMENT.—The table of the protection of investors.’’. sections for subpart B of part III of sub- Subtitle B—Other Measures to Combat Tax (b) RULEMAKING.— chapter A of chapter 61 is amended by insert- Haven and Tax Shelter Abuses (1) DEADLINES.—Not later than 180 days after the date of the enactment of this Act, ing after the item relating to section 6045B SEC. ll111. COUNTRY-BY-COUNTRY REPORTING. the Commission shall issue a proposed rule the following new items: (a) IN GENERAL.—Section 13 of the Securi- to carry out this section and, not later than ‘‘Sec. 6045C. Returns regarding United ties Exchange Act of 1934 (15 U.S.C. 78m) is 270 days after the date of the enactment of States beneficial owners of fi- amended by adding at the end the following this Act, shall issue a final rule to carry out nancial accounts located in the new subsection: this section. ISCLOSURE OF INANCIAL ERFORM United States and held in the ‘‘(r) D F P - (2) CONSULTATION.—In issuing the rules name of a foreign entity. ANCE ON A COUNTRY-BY-COUNTRY BASIS.— under this section, the Commission shall ‘‘Sec. 6045D. Returns by financial institu- ‘‘(1) DEFINITIONS.—In this subsection— consult with the Secretary of the Treasury tions regarding establishment ‘‘(A) the term ‘issuer group’ shall mean the and the Commissioner of Internal Revenue of accounts at non-FATCA in- issuer, each subsidiary of the issuer, and and, to the extent practicable and in further- stitutions.’’. each entity under the control of the issuer; ance of its obligation to protect investors, ‘‘(B) the term ‘country of operation’ shall (d) ADDITIONAL PENALTIES.— shall issue rules that support Federal efforts mean each country in which a member of the (1) ADDITIONAL PENALTIES ON BANKS.—Sec- to reduce offshore tax evasion and abuses. issuer group is incorporated or organized, or tion 5239(b)(1) of the Revised Statutes (12 (3) INTERACTIVE DATA FORMAT.—The rules maintains employees or conducts business U.S.C. 93(b)(1)) is amended by inserting ‘‘or issued under this section shall require that activities; and any of the provisions of section 6045D of the the information provided by issuers in their ‘‘(C) the term ‘world-wide allocation of Internal Revenue Code of 1986,’’ after ‘‘any annual reports be submitted in an inter- group members’ shall mean each member of regulation issued pursuant to,’’. active data format as provided in section the issuer group listed according to their (2) ADDITIONAL PENALTIES ON SECURITIES 13(q)(2)(D) of the Securities Exchange Act of country of operation. FIRMS.—Section 21(d)(3)(A) of the Securities 1934 (15 U.S.C. 78m(q)(2)(D)), and to the ex- ‘‘(2) COUNTRY-BY-COUNTRY REPORTING.—The Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(A)) tent practicable, the Commission shall make Commission shall issue rules that require is amended by inserting ‘‘any of the provi- available online, to the public, a compilation each issuer to include in an annual report sions of section 6045D of the Internal Rev- of such information. filed by the issuer with the Commission in- enue Code of 1986,’’ after ‘‘the rules or regu- (4) AGGREGATE DATA.—The rules may allow formation indicative of financial perform- lations thereunder,’’. issuers to provide the financial information ance on a country-by-country basis during required under section 13(r) of the Securities (e) REGULATORY AUTHORITY AND EFFECTIVE the covered period, including— DATE.— Exchange Act of 1934 (15 U.S.C. 78m(r)), as ‘‘(A) a list of each country of operation; added by this section, aggregated at the level (1) REGULATORY AUTHORITY.—Not later ‘‘(B) the world-wide allocation of group than 180 days after the date of the enactment of each country of operation instead of with members; respect to each member of the issuer group of this Act, the Secretary of the Treasury ‘‘(C) the financial performance of each shall adopt regulations, forms, or other guid- individually, provided that the Commission member of the issuer group in each country retains the authority, at its discretion, to re- ance necessary to implement this section. of operation, without exception, including, (2) EFFECTIVE DATE.—Section 6045C of the quire further disaggregation. and set forth according to— (5) EFFECTIVE DATE.—Each issuer shall be Internal Revenue Code of 1986 (as added by ‘‘(i) total number of employees physically this section) and the amendment made by required to comply with the requirements of working in the country of operation; section 13(r) of the Securities Exchange Act subsection (d)(1) shall take effect with re- ‘‘(ii) total sales by the member of the spect to amounts paid into foreign owned ac- of 1934 (15 U.S.C. 78m(r)), as added by this issuer group to third parties; section, not later than the date on which the counts located in the United States after De- ‘‘(iii) total sales by the member of the cember 31 of the year of the date of the en- issuer must file with the Commission its issuer group to other members of the issuer first annual report that is due not later than actment of this Act. Section 6045D of such group and total sales to each such member; Code (as so added) and the amendment made 1 year after the date on which the Commis- ‘‘(iv) total purchases by the member of the sion issues a final rule under this section. by subsection (d)(2) shall take effect with re- issuer group from third parties; spect to accounts opened after December 31 SEC. ll112. PENALTY FOR FAILING TO DIS- ‘‘(v) total purchases by the member of the CLOSE OFFSHORE HOLDINGS. of the year of the date of the enactment of issuer group from other members of the this Act. (a) SECURITIES EXCHANGE ACT OF 1934.— issuer group and total purchases from each Section 21(d)(3)(B) of the Securities Ex- SEC. ll105. SWAP PAYMENTS MADE FROM THE such member; change Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is UNITED STATES TO PERSONS OFF- ‘‘(vi) total financing payments made by the amended by adding at the end the following: SHORE. member of the issuer group to third parties; ‘‘(iv) FOURTH TIER.—Notwithstanding (a) TAX ON SWAP PAYMENTS RECEIVED BY ‘‘(vii) total financing payments made by clauses (i), (ii), and (iii), the amount of the FOREIGN PERSONS.—Section 871(a)(1) is the member of the issuer group to other penalty for each such violation shall not ex- amended— members of the issuer group and total fi- ceed $1,000,000 for any person if the violation (1) by inserting ‘‘swap payments (as identi- nancing payments made to each such mem- described in subparagraph (A) involved a fied in section 1256(b)(2)(B)),’’ after ‘‘annu- ber; knowing failure to disclose any holding or ities,’’ in subparagraph (A), and ‘‘(viii) pre-tax gross revenues of the mem- transaction involving equity or debt instru- (2) by adding at the end the following new ber of the issuer group; ments of an issuer and known by such person sentence: ‘‘In the case of swap payments, the ‘‘(ix) pre-tax net revenues of the member of to involve a foreign entity, including any source of a swap payment is determined by the issuer group; and trust, corporation, limited liability com- reference to the location of the payor.’’. ‘‘(x) such other financial information as pany, partnership, or foundation that is di- (b) TAX ON SWAP PAYMENTS RECEIVED BY the Commission may determine is indicative rectly or indirectly controlled by such per- FOREIGN CORPORATIONS.—Section 881(a) is of the financial performance of the issuer; son, and which would have been otherwise amended— ‘‘(D) the tax paid by each member of the subject to disclosure by such person under (1) by inserting ‘‘swap payments (as identi- issuer group in each country of operation, this title.’’. fied in section 1256(b)(2)(B)),’’ after ‘‘annu- without exception, including, and set forth (b) SECURITIES ACT OF 1933.—Section ities,’’ in paragraph (1), and according to— 20(d)(2) of the Securities Act of 1933 (15 (2) by adding at the end the following new ‘‘(i) total Federal, regional, local, and U.S.C. 77t(d)(2)) is amended by adding at the sentence: ‘‘In the case of swap payments, the other tax assessed against each member of end the following: source of a swap payment is determined by the issuer group with respect to each coun- ‘‘(D) FOURTH TIER.—Notwithstanding sub- reference to the location of the payor.’’. try of operation during the covered period; paragraphs (A), (B), and (C), the amount of

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penalty for each such violation shall not ex- of such private fund or venture capital fund; ‘‘(3) PRESUMPTION IN CASES INVOLVING NON- ceed $1,000,000 for any person, if the violation and FATCA INSTITUTIONS.—For purposes of this described in paragraph (1) involved a know- (2) be subject to section 5318(k)(2) of title section, in any case in which the particular ing failure to disclose any holding or trans- 31, United States Code. person or ascertainable group or class of per- action involving equity or debt instruments SEC. ll114. ANTI-MONEY LAUNDERING RE- sons have financial accounts in or trans- of an issuer and known by such person to in- QUIREMENTS FOR FORMATION actions related to a non-FATCA institution volve a foreign entity, including any trust, AGENTS. (as defined in section 7701(a)(51)), there shall corporation, limited liability company, part- (a) ANTI-MONEY LAUNDERING OBLIGATIONS be a presumption that there is a reasonable nership, or foundation, directly or indirectly FOR FORMATION AGENTS.—Section 5312(a)(2) basis for believing that such person or group controlled by such person, and which would of title 31, United States Code, is amended, or class of persons may fail or may have have been otherwise subject to disclosure by by— failed to comply with provisions of internal such person under this title.’’. (1) in subparagraph (Y), by striking ‘‘or’’ at revenue law. (c) INVESTMENT COMPANY ACT OF 1940.—Sec- the end; ‘‘(4) PROJECT JOHN DOE SUMMONSES.— tion 9(d)(2) of the Investment Company Act (2) by redesignating subparagraph (Z) as ‘‘(A) IN GENERAL.—Notwithstanding the re- of 1940 (15 U.S.C. 80a 9(d)(2)) is amended by subparagraph (AA); and quirements of paragraph (1), the Secretary adding at the end the following: (3) by inserting after subparagraph (Y) the may issue a summons described in paragraph ‘‘(D) FOURTH TIER.—Notwithstanding sub- following: (1) if the summons— paragraphs (A), (B), and (C), the amount of ‘‘(Z) persons engaged in the business of ‘‘(i) relates to a project which is approved penalty for each such violation shall not ex- forming new corporations, limited liability under subparagraph (B), ceed $1,000,000 for any person, if the violation companies, partnerships, trusts, or other ‘‘(ii) is issued to a person who is a member described in paragraph (1) involved a know- legal entities; or’’. of the group or class established under sub- ing failure to disclose any holding or trans- (b) DEADLINE FOR ANTI-MONEY LAUNDERING paragraph (B)(i), and action involving equity or debt instruments RULE FOR FORMATION AGENTS.— ‘‘(iii) is issued within 3 years of the date on of an issuer and known by such person to in- (1) PROPOSED RULE.—Not later than 120 which such project was approved under sub- volve a foreign entity, including any trust, days after the date of the enactment of this paragraph (B). corporation, limited liability company, part- Act, the Secretary of the Treasury, in con- ‘‘(B) APPROVAL OF PROJECTS.—A project nership, or foundation, directly or indirectly sultation with the Attorney General of the may only be approved under this subpara- controlled by such person, and which would United States, the Secretary of Homeland graph after a court proceeding in which the have been otherwise subject to disclosure by Security, and the Commissioner of Internal Secretary establishes that— such person under this title.’’. Revenue, shall publish a proposed rule in the ‘‘(i) any summons issues with respect to (d) INVESTMENT ADVISERS ACT OF 1940.— Federal Register requiring persons described the project will be issued to a member of an Section 203(i)(2) of the Investment Advisers in section 5312(a)(2)(Z) of title 31, United ascertainable group or class of persons, and Act of 1940 (15 U.S.C. 80b 3(i)(2)) is amended States Code, as added by this section, to es- ‘‘(ii) any summons issued with respect to by adding at the end the following: tablish anti-money laundering programs such project will meet the requirements of ‘‘(D) FOURTH TIER.—Notwithstanding sub- under subsections (g) and (h) of section 5318 paragraph (1). paragraphs (A), (B), and (C), the amount of of that title. ‘‘(C) EXTENSION.—Upon application of the penalty for each such violation shall not ex- (2) FINAL RULE.—Not later than 270 days Secretary, the court may extend the time for ceed $1,000,000 for any person, if the violation after such date of enactment, the Secretary issuing such summonses under subparagraph described in paragraph (1) involved a know- of the Treasury shall publish a final rule in (A)(i) for additional 3-year periods, but only ing failure to disclose any holding or trans- the Federal Register on the matter described if the court continues to exercise oversight action involving equity or debt instruments in paragraph (1). of such project under subparagraph (D). of an issuer and known by such person to in- (3) EXCLUSIONS.—Any rule promulgated ‘‘(D) ONGOING COURT OVERSIGHT.—During volve a foreign entity, including any trust, under this subsection shall exclude from the any period in which the Secretary is author- corporation, limited liability company, part- category of persons engaged in the business ized to issue summonses in relation to a nership, or foundation, directly or indirectly of forming new corporations or other enti- project approved under subparagraph (B) (in- controlled by such person, and which would ties— cluding during any extension under subpara- have been otherwise subject to disclosure by (A) any government agency; and graph (C)), the Secretary shall report annu- such person under this title.’’. (B) any attorney or law firm that uses a ally to the court on the use of such author- SEC. ll113. DEADLINE FOR ANTI-MONEY LAUN- paid formation agent operating within the ity, provide copies of all summonses with DERING RULE FOR PRIVATE FUNDS United States to form such corporations or such report, and comply with the court’s di- AND VENTURE CAPITAL FUNDS. other entities. rection with respect to the issuance of any (a) IN GENERAL.— SEC. ll115. STRENGTHENING JOHN DOE SUM- John Doe summons under such project.’’. (1) PROPOSED RULE.—Not later than 90 days MONS PROCEEDINGS. (b) JURISDICTION OF COURT.— after the date of the enactment of this Act, (a) IN GENERAL.—Subsection (f) of section (1) IN GENERAL.—Paragraph (1) of section the Secretary of the Treasury, in consulta- 7609 is amended to read as follows: 7609(h) is amended by inserting after the first tion with the Chairman of the Securities and ‘‘(f) ADDITIONAL REQUIREMENT IN THE CASE sentence the following new sentence: ‘‘Any Exchange Commission and the Chairman of OF A JOHN DOE SUMMONS.— United States district court in which a mem- the Commodity Futures Trading Commis- ‘‘(1) GENERAL RULE.—Any summons de- ber of the group or class to which a summons sion, shall publish a proposed rule in the scribed in subsection (c)(1) which does not may be issued resides or is found shall have Federal Register requiring any private fund identify the person with respect to whose li- jurisdiction to hear and determine the ap- (as defined in paragraph (29) of section 202(a) ability the summons is issued may be served proval of a project under subsection of the Investment Advisors Act of 1940 (15 only after a court proceeding in which the (f)(2)(B).’’. U.S.C. 80b 2(a)) or venture capital fund (with- Secretary establishes that— (2) CONFORMING AMENDMENT.—The first sen- in the meaning of subsection (l) of section ‘‘(A) the summons relates to the investiga- tence of section 7609(h)(1) is amended by 203 of such Act (15 U.S.C. 80b 3) to establish tion of a particular person or ascertainable striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’. anti-money laundering programs and submit group or class of persons, (c) EFFECTIVE DATE.—The amendments suspicious activity reports under subsections ‘‘(B) there is a reasonable basis for believ- made by this section shall apply to sum- (g) and (h) of section 5318 of title 31, United ing that such person or group or class of per- monses issued after the date of the enact- States Code. sons may fail or may have failed to comply ment of this Act. (2) FINAL RULE.—Not later than 180 days with any provision of any internal revenue SEC. ll116. IMPROVING ENFORCEMENT OF FOR- after the date of the enactment of this Act, law, and EIGN FINANCIAL ACCOUNT REPORT- the Secretary of the Treasury shall publish a ‘‘(C) the information sought to be obtained ING. final rule in the Federal Register on the from the examination of the records or testi- (a) CLARIFYING THE CONNECTION OF FOREIGN matter described in paragraph (1). mony (and the identity of the person or per- FINANCIAL ACCOUNT REPORTING TO TAX AD- (b) CONTENTS.—The final rule published sons with respect to whose liability the sum- MINISTRATION.—Paragraph (4) of section under this section shall require, at a min- mons is issued) is not readily available from 6103(b) is amended by adding at the end the imum, that to safeguard against terrorist fi- other sources. following new sentence: nancing and money laundering, any such pri- ‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘For purposes of subparagraph (A)(i), section vate fund or venture capital fund shall— apply to any summons which specifies that 5314 of title 31, United States Code, and sec- (1) use risk-based due diligence policies, it is limited to information regarding a tions 5321 and 5322 of such title (as such sec- procedures, and controls that are reasonably United States correspondent account (as de- tions pertain to such section 5314), shall be designed to ascertain the identity of any for- fined in section 5318A(e)(1)(B) of title 31, considered related statutes.’’. eign person (including the nominal and bene- United States Code) or a United States pay- (b) SIMPLIFYING THE CALCULATION OF FOR- ficial owner or beneficiary of a foreign cor- able-through account (as defined in section EIGN FINANCIAL ACCOUNT REPORTING PEN- poration, partnership, trust, or other foreign 5318A(e)(1)(C) of such title) of a financial in- ALTIES.—Section 5321(a)(5)(D)(ii) of title 31, entity) planning to supply or supplying funds stitution that is held at a non-FATCA insti- United States Code, is amended by striking to be invested with the advice or assistance tution (as defined in section 7701(a)(51)). ‘‘the balance in the account at the time of

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PENALTY FOR PROMOTING ABUSIVE penalty under such subsection.’’. tions of sections 6700 and 6701 of the Internal TAX SHELTERS. (c) PENALTY NOT DEDUCTIBLE.—Section 6701 Revenue Code of 1986, by depository institu- (a) PENALTY FOR PROMOTING ABUSIVE TAX is amended by adding at the end the fol- tions, brokers, dealers, and investment ad- SHELTERS.—Section 6700 is amended— lowing new subsection: visers, as appropriate. (1) by redesignating subsections (b) and (c) ‘‘(g) PENALTY NOT DEDUCTIBLE.—The pay- (d) DEFINITIONS.—For purposes of this sec- as subsections (d) and (e), respectively, ment of any penalty imposed under this sec- tion— (2) by striking ‘‘a penalty’’ and all that fol- tion or the payment of any amount to settle (1) the terms ‘‘broker’’, ‘‘dealer’’, and ‘‘in- lows through the period in the first sentence or avoid the imposition of such penalty shall vestment adviser’’ have the same meanings of subsection (a) and inserting ‘‘a penalty de- not be considered an ordinary and necessary as in section 3 of the Securities Exchange termined under subsection (b)’’, and expense in carrying on a trade or business Act of 1934 (15 U.S.C. 78c); (3) by inserting after subsection (a) the fol- for purposes of this title and shall not be de- (2) the term ‘‘Commission’’ means the Se- lowing new subsections: ductible by the person who is subject to such curities and Exchange Commission; ‘‘(b) AMOUNT OF PENALTY; CALCULATION OF penalty or who makes such payment.’’. (3) the term ‘‘depository institution’’ has PENALTY; LIABILITY FOR PENALTY.— (d) EFFECTIVE DATE.—The amendments the same meaning as in section 3(c) of the ‘‘(1) AMOUNT OF PENALTY.—The amount of made by this section shall apply to activities Federal Deposit Insurance Act (12 U.S.C. the penalty imposed by subsection (a) shall after the date of the enactment of this Act. 1813(c)); not exceed 150 percent of the gross income SEC. ll123. PROHIBITED FEE ARRANGEMENT. (4) the term ‘‘Federal banking agencies’’ derived (or to be derived) from such activity (a) IN GENERAL.—Section 6701, as amended has the same meaning as in section 3(q) of by the person or persons subject to such pen- by this Act, is amended— the Federal Deposit Insurance Act (12 U.S.C. alty. (1) by redesignating subsections (f) and (g) 1813(q)); and ‘‘(2) CALCULATION OF PENALTY.—The pen- as subsections (g) and (h), respectively, (5) the term ‘‘Secretary’’ means the Sec- alty amount determined under paragraph (1) (2) by striking ‘‘subsection (a).’’ in para- retary of the Treasury. shall be calculated with respect to each in- graphs (2) and (3) of subsection (g) (as redes- SEC. ll125. INFORMATION SHARING FOR EN- stance of an activity described in subsection ignated by paragraph (1)) and inserting ‘‘sub- FORCEMENT PURPOSES. (a), each instance in which income was de- section (a) or (f).’’, and (a) PROMOTION OF PROHIBITED TAX SHEL- rived by the person or persons subject to (3) by inserting after subsection (e) the fol- TERS OR TAX AVOIDANCE SCHEMES.—Section such penalty, and each person who partici- lowing new subsection: 6103(h) is amended by adding at the end the pated in such an activity. ‘‘(f) PROHIBITED FEE ARRANGEMENT.— following new paragraph: ‘‘(3) LIABILITY FOR PENALTY.—If more than ‘‘(1) IN GENERAL.—Any person who makes ‘‘(7) DISCLOSURE OF RETURNS AND RETURN 1 person is liable under subsection (a) with an agreement for, charges, or collects a fee INFORMATION RELATED TO PROMOTION OF PRO- respect to such activity, all such persons which is for services provided in connection HIBITED TAX SHELTERS OR TAX AVOIDANCE shall be jointly and severally liable for the with the internal revenue laws, and the SCHEMES.— penalty under such subsection. amount of which is calculated according to, ‘‘(A) WRITTEN REQUEST.—Upon receipt by ‘‘(c) PENALTY NOT DEDUCTIBLE.—The pay- or is dependent upon, a projected or actual the Secretary of a written request which ment of any penalty imposed under this sec- amount of— meets the requirements of subparagraph (B) tion or the payment of any amount to settle ‘‘(A) tax savings or benefits, or from the head of the United States Securi- or avoid the imposition of such penalty shall ‘‘(B) losses which can be used to offset ties and Exchange Commission, an appro- not be considered an ordinary and necessary other taxable income, priate Federal banking agency as defined expense in carrying on a trade or business shall pay a penalty with respect to each such under section 1813(q) of title 12, United for purposes of this title and shall not be de- fee activity in the amount determined under States Code, or the Public Company Ac- ductible by the person who is subject to such subsection (b). counting Oversight Board, a return or return penalty or who makes such payment.’’. ‘‘(2) RULES.—The Secretary may issue information shall be disclosed to such re- (b) CONFORMING AMENDMENT.—Section rules to carry out the purposes of this sub- questor’s officers and employees who are per- 6700(a) is amended by striking the last sen- section and may provide exceptions for fee sonally and directly engaged in an investiga- tence. arrangements that are in the public inter- tion, examination, or proceeding by such re- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to activities est.’’. questor to evaluate, determine, penalize, or after the date of the enactment of this Act. (b) EFFECTIVE DATE.—The amendments deter conduct by a financial institution, made by this section shall apply to fee agree- issuer, or public accounting firm, or associ- SEC. ll122. PENALTY FOR AIDING AND ABET- TING THE UNDERSTATEMENT OF ments, charges, and collections made after ated person, in connection with a potential TAX LIABILITY. the date of the enactment of this Act. or actual violation of section 6700 (promotion (a) IN GENERAL.—Section 6701(a) is amend- SEC. ll124. PREVENTING TAX SHELTER ACTIVI- of abusive tax shelters), 6701 (aiding and ed— TIES BY FINANCIAL INSTITUTIONS. abetting understatement of tax liability), or (1) by inserting ‘‘the tax liability or’’ after (a) EXAMINATIONS.— activities related to promoting or facili- ‘‘respect to,’’ in paragraph (1), (1) DEVELOPMENT OF EXAMINATION TECH- tating inappropriate tax avoidance or tax (2) by inserting ‘‘aid, assistance, procure- NIQUES.—Each of the Federal banking agen- evasion. Such disclosure shall be solely for ment, or advice with respect to such’’ before cies and the Commission shall, in consulta- use by such officers and employees in such ‘‘portion’’ both places it appears in para- tion with the Internal Revenue Service, de- investigation, examination, or proceeding. In graphs (2) and (3), and velop examination techniques to detect po- the discretion of the Secretary, such disclo- (3) by inserting ‘‘instance of aid, assist- tential violations of section 6700 or 6701 of sure may take the form of the participation ance, procurement, or advice or each such’’ the Internal Revenue Code of 1986, by deposi- of Internal Revenue Service employees in a before ‘‘document’’ in the matter following tory institutions, brokers, dealers, and in- joint investigation, examination, or pro- paragraph (3). vestment advisers, as appropriate. ceeding with the Securities Exchange Com- (b) AMOUNT OF PENALTY.—Subsection (b) of (2) IMPLEMENTATION.—Each of the Federal mission, Federal banking agency, or Public section 6701 is amended to read as follows: banking agencies and the Commission shall Company Accounting Oversight Board. ‘‘(b) AMOUNT OF PENALTY; CALCULATION OF implement the examination techniques de- ‘‘(B) REQUIREMENTS.—A request meets the PENALTY; LIABILITY FOR PENALTY.— veloped under paragraph (1) with respect to requirements of this subparagraph if it sets ‘‘(1) AMOUNT OF PENALTY.—The amount of each of the depository institutions, brokers, forth— the penalty imposed by subsection (a) shall dealers, or investment advisers subject to ‘‘(i) the nature of the investigation, exam- not exceed 150 percent of the gross income their enforcement authority. Such examina- ination, or proceeding, derived (or to be derived) from such aid, as- tion shall, to the extent possible, be com- ‘‘(ii) the statutory authority under which sistance, procurement, or advice provided by bined with any examination by such agency such investigation, examination, or pro- the person or persons subject to such pen- otherwise required or authorized by Federal ceeding is being conducted, alty. law. ‘‘(iii) the name or names of the financial ‘‘(2) CALCULATION OF PENALTY.—The pen- (b) REPORT TO INTERNAL REVENUE SERV- institution, issuer, or public accounting firm alty amount determined under paragraph (1) ICE.—In any case in which an examination to which such return information relates,

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1059 ‘‘(iv) the taxable period or periods to which ‘‘(II) any State agency, body, or commis- ‘‘(8) Banning the promotion of potentially such return information relates, and sion charged under the laws of the State or abusive or illegal tax shelters.’’. ‘‘(v) the specific reason or reasons why a political subdivision of the State with the Subtitle D—Reformation of U.S. International such disclosure is, or may be, relevant to licensing, registration, or regulation of tax Tax System such investigation, examination or pro- return preparers.’’. SEC. ll131. ALLOCATION OF EXPENSES AND ceeding. (2) EFFECTIVE DATE.—The amendment TAXES ON BASIS OF REPATRIATION ‘‘(C) FINANCIAL INSTITUTION.—For the pur- made by this subsection shall apply to dis- OF FOREIGN INCOME. poses of this paragraph, the term ‘financial closures made after the date of the enact- (a) IN GENERAL.—Part III of subchapter N institution’ means a depository institution, ment of this Act pursuant to any document of chapter 1 is amended by inserting after foreign bank, insured institution, industrial in effect on or after such date. subpart G the following new subpart: loan company, broker, dealer, investment (b) DISCLOSURE BY SECRETARY.—Paragraph ‘‘Subpart H—Special Rules for Allocation of company, investment advisor, or other enti- (2) of section 6104(a) is amended to read as Foreign-Related Deductions and Foreign ty subject to regulation or oversight by the follows: Tax Credits United States Securities and Exchange Com- ‘‘(2) INSPECTION BY CONGRESS.— ‘‘Sec. 975. Deductions allocated to deferred mission or an appropriate Federal banking ‘‘(A) IN GENERAL.—Upon receipt of a writ- foreign income may not offset agency.’’. ten request from a committee or sub- United States source income. (b) FINANCIAL AND ACCOUNTING FRAUD IN- committee of Congress, copies of documents ‘‘Sec. 976. Amount of foreign taxes computed VESTIGATIONS.—Section 6103(i) is amended by related to a determination by the Secretary on overall basis. adding at the end the following new para- to grant, deny, revoke, or restore an organi- ‘‘Sec. 977. Application of subpart. graph: zation’s exemption from taxation under sec- ‘‘SEC. 975. DEDUCTIONS ALLOCATED TO DE- ‘‘(9) DISCLOSURE OF RETURNS AND RETURN tion 501 shall be provided to such committee FERRED FOREIGN INCOME MAY NOT INFORMATION FOR USE IN FINANCIAL AND AC- or subcommittee, including any application, OFFSET UNITED STATES SOURCE IN- COUNTING FRAUD INVESTIGATIONS.— notice of status, or supporting information COME. ‘‘(A) WRITTEN REQUEST.—Upon receipt by provided by such organization to the Inter- ‘‘(a) CURRENT YEAR DEDUCTIONS.—For pur- the Secretary of a written request which nal Revenue Service; any letter, analysis, or poses of this chapter, foreign-related deduc- meets the requirements of subparagraph (B) other document produced by or for the Inter- tions for any taxable year— from the head of the United States Securi- nal Revenue Service evaluating, deter- ‘‘(1) shall be taken into account for such ties and Exchange Commission or the Public mining, explaining, or relating to the tax ex- taxable year only to the extent that such de- Company Accounting Oversight Board, a re- empt status of such organization (other than ductions are allocable to currently-taxed for- eign income, and turn or return information shall be disclosed returns, unless such returns are available to ‘‘(2) to the extent not so allowed, shall be to such requestor’s officers and employees the public under this section or section 6103 taken into account in subsequent taxable who are personally and directly engaged in or 6110); and any communication between the years as provided in subsection (b). an investigation, examination, or proceeding Internal Revenue Service and any other by such requester to evaluate the accuracy party relating to the tax exempt status of Foreign-related deductions shall be allocated of a financial statement or report, or to de- such organization. to currently taxed foreign income in the termine whether to require a restatement, ‘‘(B) ADDITIONAL INFORMATION.—Section same proportion which currently taxed for- penalize, or deter conduct by an issuer, in- 6103(f) shall apply with respect to— eign income bears to the sum of currently vestment company, or public accounting ‘‘(i) the application for exemption of any taxed foreign income and deferred foreign in- come. firm, or associated person, in connection organization described in subsection (c) or ‘‘(b) DEDUCTIONS RELATED TO REPATRIATED with a potential or actual violation of audit- (d) of section 501 which is exempt from tax- DEFERRED FOREIGN INCOME.— ing standards or prohibitions against false or ation under section 501(a) for any taxable ‘‘(1) IN GENERAL.—If there is repatriated misleading statements or omissions in finan- year and any application referred to in sub- paragraph (B) of subsection (a)(1) of this sec- foreign income for a taxable year, the por- cial statements or reports. Such disclosure tion of the previously deferred deductions al- shall be solely for use by such officers and tion, and ‘‘(ii) any other papers which are in the pos- located to the repatriated foreign income employees in such investigation, examina- shall be taken into account for the taxable session of the Secretary and which relate to tion, or proceeding. year as a deduction allocated to income from such application, ‘‘(B) REQUIREMENTS.—A request meets the sources outside the United States. Any such as if such papers constituted returns.’’. requirements of this subparagraph if it sets amount shall not be included in foreign-re- forth— (c) EFFECTIVE DATE.—The amendments made by this section shall apply to disclo- lated deductions for purposes of applying ‘‘(i) the nature of the investigation, exam- subsection (a) to such taxable year. ination, or proceeding, sures and to information and document re- quests made after the date of the enactment ‘‘(2) PORTION OF PREVIOUSLY DEFERRED DE- ‘‘(ii) the statutory authority under which DUCTIONS.—For purposes of paragraph (1), the such investigation, examination, or pro- of this Act. SEC. ll127. TAX OPINION STANDARDS FOR TAX portion of the previously deferred deductions ceeding is being conducted, allocated to repatriated foreign income is— ‘‘(iii) the name or names of the issuer, in- PRACTITIONERS. Section 330(d) of title 31, United States ‘‘(A) the amount which bears the same pro- vestment company, or public accounting Code, is amended to read as follows: portion to such deductions, as firm to which such return information re- ‘‘(d) The Secretary of the Treasury shall ‘‘(B) the repatriated income bears to the lates, impose standards applicable to the rendering previously deferred foreign income. ‘‘(iv) the taxable period or periods to which of written advice with respect to any listed ‘‘(c) DEFINITIONS AND SPECIAL RULE.—For such return information relates, and transaction or any entity, plan, arrange- purposes of this section— ‘‘(v) the specific reason or reasons why ment, or other transaction which has a po- ‘‘(1) FOREIGN-RELATED DEDUCTIONS.—The such disclosure is, or may be, relevant to tential for tax avoidance or evasion. Such term ‘foreign-related deductions’ means the such investigation, examination or pro- standards shall address, but not be limited total amount of deductions and expenses ceeding.’’. to, the following issues: which would be allocated or apportioned to (c) EFFECTIVE DATE.—The amendments ‘‘(1) Independence of the practitioner gross income from sources without the made by this section shall apply to disclo- issuing such written advice from persons United States for the taxable year if both sures and to information and document re- promoting, marketing, or recommending the the currently-taxed foreign income and de- quests made after the date of the enactment subject of the advice. ferred foreign income were taken into ac- of this Act. ‘‘(2) Collaboration among practitioners, or count. SEC. ll126. DISCLOSURE OF INFORMATION TO between a practitioner and other party, ‘‘(2) CURRENTLY-TAXED FOREIGN INCOME.— CONGRESS. which could result in such collaborating par- The term ‘currently-taxed foreign income’ (a) DISCLOSURE BY TAX RETURN PRE- ties having a joint financial interest in the means the amount of gross income from PARER.— subject of the advice. sources without the United States for the (1) IN GENERAL.—Subparagraph (B) of sec- ‘‘(3) Avoidance of conflicts of interest taxable year (determined without regard to tion 7216(b)(1) is amended to read as follows: which would impair auditor independence. repatriated foreign income for such year). ‘‘(B) pursuant to any 1 of the following ‘‘(4) For written advice issued by a firm, ‘‘(3) DEFERRED FOREIGN INCOME.—The term documents, if clearly identified: standards for reviewing the advice and en- ‘deferred foreign income’ means the excess ‘‘(i) The order of any Federal, State, or suring the consensus support of the firm for of— local court of record. positions taken. ‘‘(A) the amount that would be includible ‘‘(ii) A subpoena issued by a Federal or ‘‘(5) Reliance on reasonable factual rep- in gross income under subpart F of this part State grand jury. resentations by the taxpayer and other par- for the taxable year if— ‘‘(iii) An administrative order, summons, ties. ‘‘(i) all controlled foreign corporations or subpoena which is issued in the perform- ‘‘(6) Appropriateness of the fees charged by were treated as one controlled foreign cor- ance of its duties by— the practitioner for the written advice. poration, and ‘‘(I) any Federal agency, including Con- ‘‘(7) Preventing practitioners and firms ‘‘(ii) all earnings and profits of all con- gress or any committee or subcommittee from aiding or abetting the understatement trolled foreign corporations were subpart F thereof, or of tax liability by clients. income (as defined in section 952), over

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‘‘(B) the sum of— ‘‘(c) DEFINITIONS AND SPECIAL RULE.—For taken into account under clause (i) other ‘‘(i) all dividends received during the tax- purposes of this section— than expenses for interest and taxes and any able year from controlled foreign corpora- ‘‘(1) PREVIOUSLY DEFERRED FOREIGN INCOME expenses which are not directly allocable to tions, plus TAXES.—The term ‘previously deferred for- such gross income. ‘‘(ii) amounts includible in gross income eign income taxes’ means the aggregate ‘‘(B) SAME COUNTRY INCOME NOT TAKEN INTO under section 951(a). amount of total foreign income taxes not ACCOUNT.—If— ‘‘(4) PREVIOUSLY DEFERRED FOREIGN IN- taken into account under subsection (a) for ‘‘(i) the sale, lease, license, or other dis- COME.—The term ‘previously deferred foreign all prior taxable years (determined as of the position of the property referred to in sub- income’ means the aggregate amount of de- beginning of the taxable year), reduced by paragraph (A)(i)(I) is for use, consumption, ferred foreign income for all prior taxable any amounts taken into account under sub- or disposition in the country under the laws years to which this part applies, determined section (b) for such prior taxable years. of which the controlled foreign corporation as of the beginning of the taxable year, re- ‘‘(2) TOTAL FOREIGN INCOME TAXES.—The is created or organized, or duced by the repatriated foreign income for term ‘total foreign income taxes’ means the ‘‘(ii) the services referred to in subpara- all such prior taxable years. sum of foreign income taxes paid or accrued graph (A)(i)(II) are performed in such coun- ‘‘(5) REPATRIATED FOREIGN INCOME.—The during the taxable year (determined without try, term ‘repatriated foreign income’ means the regard to section 904(c)) plus the increase in the gross income from such sale, lease, li- amount included in gross income on account foreign income taxes that would be paid or cense, or other disposition, or provision of of distributions out of previously deferred accrued during the taxable year under sec- services, shall not be taken into account foreign income. tions 902 and 960 if— under subparagraph (A)(i). ‘‘(6) PREVIOUSLY DEFERRED DEDUCTIONS.— ‘‘(A) all controlled foreign corporations ‘‘(2) EXCEPTION BASED ON EFFECTIVE FOR- The term ‘previously deferred deductions’ were treated as one controlled foreign cor- EIGN INCOME TAX RATE.— means the aggregate amount of foreign-re- poration, and ‘‘(A) IN GENERAL.—Foreign base company lated deductions not taken into account ‘‘(B) all earnings and profits of all con- excess intangible income shall not include under subsection (a) for all prior taxable trolled foreign corporations were subpart F the applicable percentage of any item of in- years (determined as of the beginning of the income (as defined in section 952). come received by a controlled foreign cor- taxable year), reduced by any amounts taken ‘‘(3) FOREIGN INCOME TAXES.—The term ‘for- poration if the taxpayer establishes to the into account under subsection (b) for such eign income taxes’ means any income, war prior taxable years. satisfaction of the Secretary that such in- profits, or excess profits taxes paid by the come was subject to an effective rate of in- ‘‘(7) TREATMENT OF CERTAIN FOREIGN taxpayer to any foreign country or posses- come tax imposed by a foreign country in ex- TAXES.— sion of the United States. cess of 5 percent. ‘‘(A) PAID BY CONTROLLED FOREIGN COR- ‘‘(4) CURRENTLY-TAXED FOREIGN INCOME AND ‘‘(B) APPLICABLE PERCENTAGE.—For pur- PORATION.—Section 78 shall not apply for DEFERRED FOREIGN INCOME.—The terms ‘cur- purposes of determining currently-taxed for- poses of subparagraph (A), the term ‘applica- rently-taxed foreign income’ and ‘deferred ble percentage’ means the ratio (expressed as eign income and deferred foreign income. foreign income’ have the meanings given ‘‘(B) PAID BY TAXPAYER.—For purposes of a percentage), not greater than 100 percent, such terms by section 975(c)). of— determining currently-taxed foreign income, ‘‘SEC. 977. APPLICATION OF SUBPART. gross income from sources without the ‘‘(i) the number of percentage points by ‘‘This subpart— which the effective rate of income tax re- United States shall be reduced by the aggre- ‘‘(1) shall be applied before subpart A, and gate amount of taxes described in the appli- ferred to in subparagraph (A) exceeds 5 per- ‘‘(2) shall be applied separately with re- centage points, over cable paragraph of section 901(b) which are spect to the categories of income specified in paid by the taxpayer (without regard to sec- ‘‘(ii) 10 percentage points. section 904(d)(1).’’. ‘‘(C) TREATMENT OF LOSSES IN DETERMINING tions 902 and 960) during the taxable year. (b) CLERICAL AMENDMENT.—The table of EFFECTIVE RATE OF FOREIGN INCOME TAX.—For ‘‘(8) COORDINATION WITH SECTION 976.—In de- subparts for part III of subpart N of chapter purposes of determining the effective rate of termining currently-taxed foreign income 1 is amended by inserting after the item re- income tax imposed by any foreign country— and deferred foreign income, the amount of lating to subpart G the following new item: ‘‘(i) such effective rate shall be determined deemed foreign tax credits shall be deter- ‘‘SUBPART H. SPECIAL RULES FOR ALLOCATION mined with regard to section 976. without regard to any losses carried to the OF FOREIGN-RELATED DEDUCTIONS AND FOR- relevant taxable year, and ‘‘SEC. 976. AMOUNT OF FOREIGN TAXES COM- EIGN TAX CREDITS.’’. PUTED ON OVERALL BASIS. ‘‘(ii) to the extent the income with respect (c) EFFECTIVE DATE.—The amendments ‘‘(a) CURRENT YEAR ALLOWANCE.—For pur- to such intangible reduces losses in the rel- made by this section shall apply to taxable poses of this chapter, the amount taken into evant taxable year, such effective rate shall years beginning after the date of the enact- account as foreign income taxes for any tax- be treated as being the effective rate which ment of this Act. able year shall be an amount which bears the would have been imposed on such income same ratio to the total foreign income taxes SEC. ll132. EXCESS INCOME FROM TRANSFERS without regard to such losses. OF INTANGIBLES TO LOW-TAXED AF- ‘‘(3) COVERED INTANGIBLE.—The term ‘cov- for that taxable year as— FILIATES TREATED AS SUBPART F ‘‘(1) the currently-taxed foreign income for INCOME. ered intangible’ means, with respect to any controlled foreign corporation, any intan- such taxable year, bears to (a) IN GENERAL.—Subsection (a) of section ‘‘(2) the sum of the currently-taxed foreign 954 is amended by inserting after paragraph gible property (as defined in section income and deferred foreign income for such (3) the following new paragraph: 936(h)(3)(B))— year. ‘‘(4) the foreign base company excess intan- ‘‘(A) which is sold, leased, licensed, or oth- The portion of the total foreign income taxes gible income for the taxable year (deter- erwise transferred (directly or indirectly) to for any taxable year not taken into account mined under subsection (f) and reduced as such controlled foreign corporation from a under the preceding sentence for a taxable provided in subsection (b)(5)), and’’. related person, or year shall only be taken into account as pro- (b) FOREIGN BASE COMPANY EXCESS INTAN- ‘‘(B) with respect to which such controlled vided in subsection (b) (and shall not be GIBLE INCOME.—Section 954 is amended by in- foreign corporation and one or more related taken into account for purposes of applying serting after subsection (e) the following new persons has (directly or indirectly) entered sections 902 and 960). subsection: into any shared risk or development agree- ‘‘(b) ALLOWANCE RELATED TO REPATRIATED ‘‘(f) FOREIGN BASE COMPANY EXCESS INTAN- ment (including any cost sharing agree- DEFERRED FOREIGN INCOME.— GIBLE INCOME.—For purposes of subsection ment). ‘‘(1) IN GENERAL.—If there is repatriated (a)(4) and this subsection: ‘‘(4) RELATED PERSON.—The term ‘related foreign income for any taxable year, the por- ‘‘(1) FOREIGN BASE COMPANY EXCESS INTAN- person’ has the meaning given such term in tion of the previously deferred foreign in- GIBLE INCOME DEFINED.— subsection (d)(3).’’. come taxes paid or accrued during such tax- ‘‘(A) IN GENERAL.—The term ‘foreign base (c) SEPARATE BASKET FOR FOREIGN TAX able year shall be taken into account for the company excess intangible income’ means, CREDIT.—Subsection (d) of section 904 is taxable year as foreign taxes paid or accrued. with respect to any covered intangible, the amended by redesignating paragraph (7) as Any such taxes so taken into account shall excess of— paragraph (8) and by inserting after para- not be included in foreign income taxes for ‘‘(i) the sum of— graph (6) the following new paragraph: purposes of applying subsection (a) to such ‘‘(I) gross income from the sale, lease, li- ‘‘(6) SEPARATE APPLICATION TO FOREIGN taxable year. cense, or other disposition of property in BASE COMPANY EXCESS INTANGIBLE INCOME.— ‘‘(2) PORTION OF PREVIOUSLY DEFERRED FOR- which such covered intangible is used di- ‘‘(A) IN GENERAL.—Subsections (a), (b), and EIGN INCOME TAXES.—For purposes of para- rectly or indirectly, and (c) of this section and sections 902, 907, and graph (1), the portion of the previously de- ‘‘(II) gross income from the provision of 960 shall be applied separately with respect ferred foreign income taxes allocated to re- services related to such covered intangible to each item of income which is taken into patriated deferred foreign income is— or in connection with property in which such account under section 954(a)(4) as foreign ‘‘(A) the amount which bears the same pro- covered intangible is used directly or indi- base company excess intangible income. portion to such taxes, as rectly, over ‘‘(B) REGULATIONS.—The Secretary may ‘‘(B) the repatriated deferred income bears ‘‘(ii) 150 percent of the costs properly allo- issue such regulations or other guidance as to the previously deferred foreign income. cated and apportioned to the gross income is necessary or appropriate to carry out the

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE February 27, 2012 CONGRESSIONAL RECORD — SENATE S1061 purposes of this subsection, including regula- shall apply to such corporation with the fol- by inserting at the end the following new tions or other guidance which provides that lowing modifications: clause: related items of income may be aggregated ‘‘(i) Paragraph (2)(A) shall be applied with- ‘‘(iv) SPECIAL RULE FOR STOCK OPTIONS.— for purposes of this paragraph.’’. out regard to clause (ii) thereof. The amount which may be treated as wages (d) CONFORMING AMENDMENTS.— ‘‘(ii) Paragraph (1)(B) shall be applied— for any taxable year in connection with the (1) Paragraph (4) of section 954(b) is amend- ‘‘(I) without regard to the parenthetical, issuance of a stock option shall not exceed ed by inserting ‘‘foreign base company excess and the amount allowed for such taxable year as intangible income described in subsection ‘‘(II) by substituting ‘in the 1st succeeding a compensation deduction under section (a)(4) or’’ before ‘‘foreign base company oil- taxable year and in the 2nd through 10th suc- 162(q) with respect to such stock option.’’. related income’’ in the last sentence thereof. ceeding taxable years to the extent not pre- (c) APPLICATION OF AMENDMENTS.—The (2) Subsection (b) of section 954 is amended viously taken into account under this sub- amendments made by this section shall by adding at the end the following new para- paragraph’ for ‘in the succeeding taxable apply to stock options exercised after the graph: year’. date of the enactment of this Act, except ‘‘(7) FOREIGN BASE COMPANY EXCESS INTAN- ‘‘(iii) Paragraph (2)(B) shall be applied— that— GIBLE INCOME NOT TREATED AS ANOTHER KIND ‘‘(I) without regard to clauses (ii) and (iii), (1) such amendments shall not apply to OF BASE COMPANY INCOME.—Income of a cor- and stock options that were granted before such poration which is foreign base company ex- ‘‘(II) by substituting ‘25 percent of the ad- date and that vested in taxable periods be- cess intangible income shall not be consid- justed taxable income of the corporation for ginning on or before June 15, 2005, ered foreign base company income of such such taxable year’ for the matter of clause (2) for stock options that were granted be- corporation under paragraph (2), (3), or (5) of (i)(II) thereof. fore such date of enactment and vested dur- subsection (a).’’. ‘‘(B) EXPATRIATED ENTITY.—For purposes of ing taxable periods beginning after June 15, (e) EFFECTIVE DATE.—The amendments this paragraph— 2005, and ending before such date of enact- made by this section shall apply to taxable ‘‘(i) IN GENERAL.—With respect to a cor- ment, a deduction under section 162(q) of the years beginning after the date of the enact- poration and a taxable year, the term ‘expa- Internal Revenue Code of 1986 (as added by ment of this Act. triated entity’ has the meaning given such subsection (a)(2)) shall be allowed in the first SEC. ll133. LIMITATIONS ON INCOME SHIFTING term by section 7874(a)(2), determined as if taxable period of the taxpayer that ends THROUGH INTANGIBLE PROPERTY such section and the regulations under such after such date of enactment, TRANSFERS. section as in effect on the first day of such (3) for public entities reporting as small (a) CLARIFICATION OF DEFINITION OF INTAN- taxable year applied to all taxable years of business issuers and for non-public entities GIBLE ASSET.—Clause (vi) of section the corporation beginning after July 10, 1989. required to file public reports of financial 936(h)(3)(B) is amended by inserting ‘‘(includ- ‘‘(ii) EXCEPTION FOR SURROGATES TREATED condition, paragraphs (1) and (2) shall be ap- ing any section 197 intangible described in AS A DOMESTIC CORPORATION.—The term ‘ex- plied by substituting ‘‘December 15, 2005’’ for subparagraph (A), (B), or (C)(i) of subsection patriated entity’ does not include a surro- ‘‘June 15, 2005’’, and (d)(1) of such section)’’ after ‘‘item’’. gate foreign corporation which is treated as (4) no deduction shall be allowed under sec- (b) CLARIFICATION OF ALLOWABLE VALU- a domestic corporation by reason of section tion 83(h) or section 162(q) of such Code with ATION METHODS.— 7874(b).’’. respect to any stock option the vesting date (1) FOREIGN CORPORATIONS.—Paragraph (2) (b) EFFECTIVE DATE.—The amendments of section 367(d) is amended by adding at the made by this section shall apply to taxable of which is changed to accelerate the time at end the following new subparagraph: years beginning after the date of the enact- which the option may be exercised in order to avoid the applicability of such amend- ‘‘(D) REGULATORY AUTHORITY.—For pur- ment of this Act. ments. poses of the last sentence of subparagraph TITLE II—ENDING EXCESSIVE COR- (A), the Secretary may require— PORATE TAX DEDUCTIONS FOR STOCK SEC. ll202. APPLICATION OF EXECUTIVE PAY DEDUCTION LIMIT. ‘‘(i) the valuation of transfers of intangible OPTIONS property on an aggregate basis, or (a) IN GENERAL.—Subparagraph (D) of sec- SEC. ll201. CONSISTENT TREATMENT OF STOCK tion 162(m)(4) is amended to read as follows: ‘‘(ii) the valuation of such a transfer on the OPTIONS BY CORPORATIONS. ‘‘(D) STOCK OPTION COMPENSATION.—The basis of the realistic alternatives to such a (a) CONSISTENT TREATMENT FOR WAGE DE- term ‘applicable employee remuneration’ transfer, DUCTION.— shall include any compensation deducted in any case in which the Secretary deter- (1) IN GENERAL.—Section 83(h) is amended— mines that such basis is the most reliable (A) by striking ‘‘In the case of’’ and insert- under subsection (q), and such compensation means of valuation of such transfers.’’. ing: shall not qualify as performance-based com- pensation under subparagraph (C).’’. (2) ALLOCATION AMONG TAXPAYERS.—Sec- ‘‘(1) IN GENERAL.—In the case of’’, and tion 482 is amended by adding at the end the (B) by adding at the end the following new (b) EFFECTIVE DATE.—The amendment following: ‘‘For purposes of the preceding paragraph: made by this section shall apply to stock op- tions exercised or granted after the date of sentence, the Secretary may require the ‘‘(2) STOCK OPTIONS.—In the case of prop- valuation of transfers of intangible property erty transferred to a person in connection the enactment of this Act. on an aggregate basis or the valuation of with a stock option, any deduction related to f such a transfer on the basis of the realistic such stock option shall be allowed only alternatives to such a transfer, in any case under section 162(q) and paragraph (1) shall NOTICES OF HEARINGS in which the Secretary determines that such not apply.’’. COMMITTEE ON HEALTH, EDUCATION, LABOR, basis is the most reliable means of valuation (2) TREATMENT OF COMPENSATION PAID WITH AND PENSIONS of such transfers.’’. STOCK OPTIONS.—Section 162 is amended by (c) EFFECTIVE DATE.— redesignating subsection (q) as subsection (r) Mr. HARKIN. Mr. President, I wish to (1) IN GENERAL.—The amendments made by and by inserting after subsection (p) the fol- announce that the Subcommittee on this section shall apply to transfers in tax- lowing new subsection: Primary Health and Aging of the Com- able years beginning after the date of the en- ‘‘(q) TREATMENT OF COMPENSATION PAID mittee on Health, Education, Labor, actment of this Act. WITH STOCK OPTIONS.— and Pensions will meet in open session (2) NO INFERENCE.—Nothing in the amend- ‘‘(1) IN GENERAL.—In the case of compensa- on Wednesday, February 29, 2012, at 10 ment made by subsection (a) shall be con- tion for personal services that is paid with strued to create any inference with respect stock options, the deduction under sub- a.m. in SD 430 Dirksen Senate Office to the application of section 936(h)(3) of the section (a)(1) shall not exceed the amount Building to conduct a hearing entitled Internal Revenue Code of 1986, or the author- the taxpayer has treated as compensation Dental Crisis in America: The Need to ity of the Secretary of the Treasury to pro- cost with respect to such stock options for Expand Access. vide regulations for such application, on or the purpose of ascertaining income, profit, or For further information regarding before the date of the enactment of such loss in a report or statement to shareholders, this meeting, please contact the sub- amendment. partners, or other proprietors (or to bene- committee on (202) 224 5480. SEC. ll134. LIMITATION ON EARNINGS STRIP- ficiaries), and shall be taken into account in PING BY EXPATRIATED ENTITIES. the same period that such compensation cost COMMITTEE ON HEALTH, EDUCATION, LABOR, (a) IN GENERAL.—Subsection (j) of section is recognized for such purpose. AND PENSIONS 163 is amended— ‘‘(2) SPECIAL RULES FOR CONTROLLED Mr. HARKIN. Mr. President, I wish to (1) by redesignating paragraph (9) as para- GROUPS.—The Secretary may prescribe rules announce that the Committee on graph (10), and for the application of paragraph (1) in cases Health, Education, Labor, and Pen- (2) by inserting after paragraph (8) the fol- where the stock option is granted by— sions will meet in open session on lowing new paragraph: ‘‘(A) a parent or subsidiary corporation Thursday, March 1, 2012, at 10 a.m. in ‘‘(9) SPECIAL RULES FOR EXPATRIATED ENTI- (within the meaning of section 424) of the SD 430 Dirksen Senate Office Building TIES.— taxpayer, or ‘‘(A) IN GENERAL.—In the case of a corpora- ‘‘(B) another corporation.’’. to conduct a hearing entitled The Key tion to which this subsection applies which (b) CONSISTENT TREATMENT FOR RESEARCH to America’s Global Competitiveness: is an expatriated entity, this subsection TAX CREDIT.—Section 41(b)(2)(D) is amended A Quality Education.

VerDate Mar 15 2010 02:03 May 20, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S27FE2.REC S27FE2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S1062 CONGRESSIONAL RECORD — SENATE February 27, 2012 For further information regarding Dirksen Senate Office Building, Wash- The PRESIDING OFFICER. The this meeting, please contact the com- ington, DC 20510 6150, or by email to clerk will read the bill by title for the mittee on (202) 224 5501. [email protected]. first time. COMMITTEE ON HEALTH, EDUCATION, LABOR, For further information, please con- The legislative clerk read as follows: AND PENSIONS tact David Brooks (202) 224 9863 or Jake A bill (H.R. 1173) to repeal the CLASS pro- Mr. HARKIN. Mr. President, I wish to McCook (202) 224 9313. gram. announce that the Senate HELP Com- COMMITTEE ON INDIAN AFFAIRS Mr. PRYOR. I now ask for a second mittee hearing previously scheduled Mr. AKAKA. Mr. President, I would reading and, in order to place the bill for March 1, 2012, entitled ‘‘The Key to like to announce that the Committee on the calendar under the provisions of America’s Global Competitiveness: A on Indian Affairs will meet on Thurs- rule XIV, I object to my own request. Quality Education’’ has been postponed day, Thursday, March 8, 2012, at 2:15 The PRESIDING OFFICER. Objec- until Thursday, March 8, 2012 at 10 a.m. p.m. in room 628 of the Dirksen Senate tion is heard. Office Building to conduct an oversight in room 430 of the Dirksen Senate Of- The bill will be read for the second hearing on the President fiscal year fice Building. time on the next legislative day. For further information regarding 2013 Budget for Native Programs. Those wishing additional information this meeting, please contact the com- f mittee on (202) 224 5501. may contact the Indian Affairs Com- mittee at (202) 224 2251. COMMITTEE ON ENERGY AND NATURAL ORDERS FOR TUESDAY, RESOURCES COMMITTEE ON ENERGY AND NATURAL FEBRUARY 28, 2012 Mr. BINGAMAN. Mr. President, I RESOURCES would like to announce for the infor- Mr. BINGAMAN. Mr. President, I Mr. PRYOR. Mr. President, I ask would like to announce for the infor- mation of the Senate and the public unanimous consent that when the Sen- mation of the Senate and the public that a hearing has been scheduled be- ate completes its business today, it ad- that a hearing has been scheduled be- fore Subcommittee on National Parks. journ until Tuesday, February 28, 2012, fore the Senate Committee on Energy The hearing will be held on Wednesday, at 10 a.m.; that following the prayer and Natural Resources. The hearing and pledge, the Journal of proceedings March 7, 2012, at 2:30 p.m. in room SD will be held on Tuesday, March 13, 2012, 366 of the Dirksen Senate Office Build- be approved to date, the morning hour at 10 a.m., in room SD 366 of the Dirk- be deemed expired, and the time for the ing. sen Senate Office Building in Wash- The purpose of the hearing is to re- two leaders be reserved for their use ington, DC. later in the day; that the Senate be in ceive testimony on the following bills: The purpose of the hearing is to re- a period of morning business until 12:30 S. 29, a bill to establish the Sacramento- ceive testimony on the ‘‘Report of the p.m., with Senators permitted to speak San Joaquin Delta National Heritage Area; Independent Consultant’s Review with S. 1150, a bill to establish the Susquehanna therein for up to 10 minutes each, with Respect to the Department of Energy Gateway National Heritage Area in the the time equally divided and controlled State of Pennsylvania; Loan and Loan Guarantee Portfolio.’’ Because of the limited time available between the two leaders or their des- S. 1191, a bill to direct the Secretary of the ignees, with the majority controlling Interior to carry out a study regarding the for the hearing, witnesses may testify suitability and feasibility of establishing the by invitation only. However, those the first half hour and the Republicans Naugatuck River Valley National Heritage wishing to submit written testimony controlling the second half hour; fur- Area in Connecticut; for the hearing record should send it to ther, that the Senate recess from 12:30 S. 1198, a bill to reauthorize the Essex Na- the Committee on Energy and Natural p.m. until 2:15 p.m. to allow for the tional Heritage Area; weekly caucus meetings. S. 1215, a bill to provide for the exchange of Resources, United States Senate, Washington, DC 20510 6150, or by email The PRESIDING OFFICER. Without land located in the Lowell National Histor- objection, it is so ordered. ical Park; to [email protected] S. 1589, a bill to extend the authorization .gov. for the Coastal Heritage Trail in the State of For further information, please con- f New Jersey; tact Michael Carr at 202 224 8164 or S. 1708, a bill to establish the John H. Colin Hayes at (202) 224 4797 or Abigail ADJOURNMENT UNTIL 10 A.M. Chafee Blackstone River Valley National Campbell at 202 224 1219. TOMORROW Historical Park; H.R. 1141, to authorize the Secretary of the f Mr. PRYOR. If there is no further Interior to study the suitability and feasi- PRIVILEGES OF THE FLOOR business to come before the Senate, I bility of designating prehistoric, historic, ask unanimous consent that it adjourn and limestone forest sites on Rota, Common- Mr. LEAHY. Mr. President, I ask unanimous consent that Ed Chung, a under the previous order. wealth of the Northern Mariana Islands, as a There being no objection, the Senate, unit of the National Park System. Department of Justice detailee on my H.R. 2606, to authorize the Secretary of the Judiciary Committee staff, be given at 7:05 p.m., adjourned until Tuesday, Interior to allow the construction and oper- Senate floor privileges for the duration February 28, 2012, at 10 a.m. ation of natural gas pipeline facilities in the of the 112th Congress. Gateway National Recreation Area, and for The PRESIDING OFFICER. Without f other purposes. objection, it is so ordered. Because of the limited time available f CONFIRMATION for the hearing, witnesses may testify Executive nomination confirmed by by invitation only. However, those MEASURE READ THE FIRST the Senate February 27, 2012: wishing to submit written testimony TIME—H.R. 1173 for the hearing record should send it to Mr. PRYOR. Mr. President, I under- THE JUDICIARY the Committee on Energy and Natural MARGO KITSY BRODIE, OF NEW YORK, TO BE UNITED stand there is a bill at the desk, and I STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT Resources, United States Senate, 304 ask for its first reading. OF NEW YORK.

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HONORING EAST TEXAS BAPTIST President, ETBU is well poised for continued take up the work that our principles demand of UNIVERSITY FOR ITS 100TH AN- success in the future. us, standing united against ethnic violence, NIVERSARY Heartfelt congratulations are extended to the discrimination, extremism and brutality, wher- faculty, staff, students and alumni of East ever we find it. HON. LOUIE GOHMERT Texas Baptist University, as their legacy of f OF TEXAS distinction is now recorded in the CONGRES- RECOGNIZING THE ACHIEVEMENTS IN THE HOUSE OF REPRESENTATIVES SIONAL RECORD that will endure as long as there is a United States of America. Their ex- OF JOHN R. BAILEY Monday, February 27, 2012 cellence in faithfully sustaining the ethical, Mr. GOHMERT. Mr. Speaker, tucked away spiritual and intellectual foundations of a God HON. JIM GERLACH in northeast Texas is the historic city of Mar- centered education makes it my great honor to OF PENNSYLVANIA shall, Texas. As the seat of Harrison County, be their servant in the United States House of IN THE HOUSE OF REPRESENTATIVES Marshall is also home to East Texas Baptist Representatives. Monday, February 27, 2012 University, a respected institution of higher f learning. In its one hundred year history, stu- Mr. GERLACH. Mr. Speaker, I rise today to dent enrollment at ETBU has grown from a COMMEMORATING THE SUMGAIT congratulate John R. Bailey of Chester Coun- few hundred students to a vibrant, bustling POGROMS AGAINST AZER- ty, Pennsylvania on his retirement after 34 campus filled with more than twelve hundred BAIJANI ARMENIANS years of law enforcement service with the young men and women seeking a college de- Tredyffrin Township Police Department. gree. This year marks the one hundredth anni- HON. ANNA G. ESHOO Detective Sergeant Bailey began his law en- versary of the trustees’ application for a char- OF CALIFORNIA forcement career with Tredyffrin Township on ter from the State of Texas in 1912 to begin IN THE HOUSE OF REPRESENTATIVES December 5, 1977. In 1986, he joined the De- what was then known as the College of Mar- tective Division and became Detective Super- Monday, February 27, 2012 shall, and it is a great privilege to recognize visor in 1994, eventually being promoted to this momentous centennial event. Ms. ESHOO. Mr. Speaker, February 27th Detective Sergeant in 2002. In 1944 the College of Marshall, under the marks the 24th anniversary of a violent and In June 2002, Detective Sergeant Bailey direction of the Baptist General Convention, horrific attack against Azerbaijani citizens of founded the Tri-County Regional Investigators changed its name to East Texas Baptist Col- Armenian descent. The 1988 attacks began in group, a network of law enforcement agencies lege. Then in 1957, the Southern Association the town of Sumgait in Soviet Azerbaijan. Doz- who work together by sharing information of Colleges and Schools granted accreditation ens of Armenians were killed, and hundreds about criminal activity resulting in the success- to the institution which helped establish its en- more were wounded. During what even the ful resolution of crimes that would otherwise during academic credibility. The University Soviet government officially described as a remain unsolved. A graduate of the FBI Na- Charter was revised in 1984, changing the in- ‘‘pogrom’’—an organized massacre of helpless tional Academy Session #223, he has served stitutional name to what we now know as East people—Armenian women and children were as an Adjunct Professor at Wilmington Univer- Texas Baptist University. raped, and people were set on fire and beaten sity, Delaware County Community College and ETBU boasts a number of notable alumni to death, all while police stood by. Immaculata University. including two former members of this es- Tragically, the events in Sumgait presaged Recently elected to the position of Magiste- teemed body: John Dowdy, Texas, Member of further pogroms in Kirovabad in November of rial District Judge after being certified by the the United States House of Representatives 1988 and Baku in January of 1990. This vio- Pennsylvania Minor Judiciary Board, Detective (1967–1973) and Sam B. Hall, Member of the lence initiated a broader attack against Azer- Sergeant Bailey holds a Masters Degree in United States House of Representatives baijan’s Armenian population, resulting in Administrative Science from Farleigh Dickin- (1976–85) and United States District Judge thousands of deaths. The conflict persists son University. (1985–94). today, and the Azeri military blockade of the Mr. Speaker, in light of his years of exem- ETBU stands by its commitment to the ‘‘de- Nagorno-Karabakh Republic and other aggres- plary service to his community and litany of velopment of intellectual inquiry, social con- sion sadly continues. sterling accomplishments too long to record, I sciousness, wellness, and skills for a contem- For me, it is also a very personal remem- ask that my colleagues join me today in recog- porary society, global awareness, and Chris- brance. My own family fled the slaughter of nizing Detective Sergeant John R. Bailey for tian character.’’ Its focus is on ‘‘quality aca- the Armenian Genocide under the Ottomans, his invaluable contributions to the quality of life demic programs in the humanities, natural and and when we learned of the massacres of the citizens of Tredyffrin Township, Chester social sciences, fine arts, and selected profes- against Armenians in 1988, we saw history re- County, Pennsylvania and our entire nation. sional areas.’’ Staff and faculty of ETBU ‘‘af- peating itself. These vicious acts of murder f firm that the liberal arts form the surest foun- targeted at ethnic groups, must be forcefully dation for education and that the Christian condemned whenever and wherever we see REMEMBERING FORMER faith provides the surest foundation for life.’’ them. Yet 96 years after the slaughter of Ar- CONGRESSWOMAN KATIE HALL As a Baptist university, ETBU is committed menians, the U.S. House of Representatives to the integration of learning and Christian has yet to officially recognize the Armenian HON. PETER J. VISCLOSKY faith in the pursuit of truth. The beautiful cam- genocide. OF INDIANA pus of ETBU is located at the highest ele- Without our recognition and our forceful IN THE HOUSE OF REPRESENTATIVES vation in Harrison County, and represents a condemnation, the cycle of violence will con- beacon of higher learning to students who tinue. Today, Christians and other minority Monday, February 27, 2012 venture to the piney woods of east Texas in groups are being driven from Iraq by extrem- Mr. VISCLOSKY. Mr. Speaker, it is with pursuit of a quality, upper level, truly Christian ists, and the once large and diverse ethnic deep sadness and great respect that I take based liberal arts education. communities are being eradicated. Without our this time to remember one of Northwest Indi- It is an enormous honor to represent the attention and action by the world community, ana’s most valued citizens and my prede- students and faculty of ETBU, so it brings me there will be no end to this senseless violence cessor, former Congresswoman Katie Beatrice great pride today that to recognize East Texas around the world. Hall. Throughout her prestigious career, Baptist University on its century of instilling Today, let us remember the Armenians who Katie’s contributions to the people of North- academic excellence while integrating faith lost their lives in Azerbaijan in 1988, and pray west Indiana and across the nation are exem- with learning. Following the years of loyal that the world will finally take greater account plary, and she is worthy of the highest praise. service by Dr. Samuel W. ‘‘Dub’’ Oliver as of these atrocities and work together. Let us Mrs. Hall passed away on Monday, February

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

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.001 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E242 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 20, 2012, but her legacy will live on forever in A TRIBUTE TO KALE RYAN bags and made designer dresses for herself the hearts and minds of those she served. RENDER and her daughters—always receiving high praise and recognition for her talents. Most of Congresswoman Hall grew up in Mound her career was as a homemaker, caring for Bayou, Mississippi, during the pre-civil rights HON. TOM LATHAM her husband, children, and seven grand- era. Segregation laws were strict in the South OF IOWA IN THE HOUSE OF REPRESENTATIVES children. during that time, and she learned early in life In 1988, Mrs. Guadarrama lost the love of how to succeed despite great opposition. In Monday, February 27, 2012 her life, Juan, to lung cancer. They had a lov- 1960, Katie earned a bachelor’s degree from Mr. LATHAM. Mr. Speaker, I rise today to ing relationship that spanned nearly half a Mississippi Valley State University. Later, she recognize and congratulate Kale Render of century. Even with the loss of her husband, moved to Indiana and continued her edu- Indianola for achieving the rank of Eagle Mrs. Guadarrama continues to maintain the cation, earning a master’s degree from Indiana Scout. strong familial bonds that have spanned four University, Bloomington, in 1968. The Eagle Scout rank is the highest ad- generations. Mrs. Guadarrama is blessed to vancement rank in scouting. Only about five have her family and the gracious home attend- The Congresswoman’s involvement in poli- percent of Boy Scouts earn the Eagle Scout ants that care for her with love and respect. tics began when she campaigned for former Award. The award is a performance-based Mr. Speaker, I would like to recognize Mrs. Mayor of Gary Richard Hatcher. Her work on achievement with high standards that have Guadarrama for her extraordinary strength as the campaign further fueled her desire to been well-maintained over the years. the anchor of her family and on the celebra- serve others and inspired her to run for elect- To earn the Eagle Scout rank, a Boy Scout tion of her 101st birthday. ed office. Prior to becoming a Member of Con- is obligated to pass specific tests that are or- f gress, she served in the Indiana House of ganized by requirements and merit badges, as well as completing an Eagle Project to benefit CONGRATULATORY REMARKS FOR Representatives from 1974 to 1976 and was OBTAINING THE RANK OF EAGLE then elected to the Indiana Senate, serving the community. Kale’s project included land- scaping and renovating Indianola’s National SCOUT—TREVOR PHILIP CONTE from 1976 to 1982. As a member of the Indi- Balloon Classic Launch Field. The work ethic ana General Assembly, Mrs. Hall was influen- Kale has shown in this project, and every HON. SANDY ADAMS tial in establishing the Genesis Center, Hud- other project leading up to his Eagle Scout OF FLORIDA son-Campbell Fitness Center, and the Adam rank, speaks volumes of his commitment to IN THE HOUSE OF REPRESENTATIVES Benjamin Metro Center, in Gary. Katie also serving a cause greater than himself. Monday, February 27, 2012 served as the Chair for the Lake County Mr. Speaker, the example set by this young Democratic Committee from 1978 to 1980 and man and his supportive family demonstrates Mrs. ADAMS. Mr. Speaker, I would like to for the Indiana Democratic Convention in the rewards of hard work, dedication and per- congratulate Trevor Philip Conte for achieving 1980. In 1982, following the untimely passing severance. I am honored to represent Kale the rank of Eagle Scout. Throughout the history of the Boy Scouts of of United States Congressman Adam Ben- and his family in the United States Congress. America, the rank of Eagle Scout has only jamin, Jr., Katie won the special election to I know that all of my colleagues in the House will join me in congratulating him on obtaining been attained through dedication to concepts complete his term in office and to represent the Eagle Scout ranking, and will wish him such as honor, duty, country and charity. By the First Congressional District of Indiana in continued success in his future education and applying these concepts to daily life, Trevor the 98th Congress, becoming the first African career. has proven his true and complete under- American from Indiana elected to serve in the f standing of their meanings, and thereby de- United States House of Representatives. serves this honor. While in office, Katie served as Chairwoman A TRIBUTE TO GAVINA I offer my congratulations on a job well done of the Post Office and Civil Services Sub- GAUDARRAMA and best wishes for the future. committee on Census and Population. During f HON. EDOLPHUS TOWNS her time in Congress, Representative Hall CELEBRATING THE 100TH BIRTH- OF NEW YORK made a truly historic contribution through her DAY OF HADASSAH OF GREATER sponsorship of the bill that made Reverend Dr. IN THE HOUSE OF REPRESENTATIVES BALTIMORE Martin Luther King, Jr.’s birthday a national Monday, February 27, 2012 holiday. This bill had been stalled in the Mr. TOWNS. Mr. Speaker, I rise today to HON. JOHN P. SARBANES House for fourteen years, and through her pay tribute and to honor Mrs. Gavina OF MARYLAND passion and persistence, Katie was successful Guadarrama on her 101st birthday. Mrs. IN THE HOUSE OF REPRESENTATIVES in establishing this recognition of Dr. King. Guadarrama has been fortunate that God has Monday, February 27, 2012 graced her with good health and her full fac- Mrs. Hall was a trailblazer for the Civil ulties to reach this wonderful centennial. Mr. SARBANES. Mr. Speaker, I rise today Rights Movement and a devoted public serv- Mrs. Guadarrama was born in Hato Tejas, to celebrate the 100th birthday of Hadassah of ant to her community, state, and nation. In the Puerto Rico on February 19, 1911 as the eld- Greater Baltimore. Hadassah, founded in years following her term, Katie continued her est daughter of Jose and Victoria Acevedo. 1912, is a volunteer women’s organization that life of public service as City Clerk for Gary, In- Raised in a household of 10 siblings, many of strives to enhance the quality of American and diana, from 1988 to 2003. the responsibilities fell upon her as her par- Jewish life through educational programs, pro- Katie Hall leaves behind a loving family. ents worked. Those siblings still alive tell sto- moting health awareness, and aiding the per- She is survived by her cherished husband, ries of how special she made each one of sonal enrichment and growth of its members them feel with the little she had to share. and surrounding communities. John Henry Hall, as well as her adoring Mrs. Guadarrama would marry her husband Established in 1912 by Henrietta Szold, the daughters, Jacqueline and Junifer, and her be- Juan Guadarrama at the age of 29 and begin daughter of a rabbi at Temple Oheb Shalom loved granddaughter, Kristina. She also leaves a life together that would span close to 50 in Baltimore, Hadassah has over 300,000 behind many other dear friends and family years. They had two lovely daughters—Maria members and is the largest Jewish organiza- members, as well as a saddened community and Honoria—and built a lovely house with a tion in America and one of the largest wom- and a grateful nation. full veranda in their hometown. Years later en’s volunteer organizations in the world. Mr. Speaker, I respectfully ask that you and due to the economy, they would move to Upon returning from a trip to Israel, Ms. my other distinguished colleagues join me in Brooklyn, New York where she gave birth to Szold took it upon herself to create an organi- her youngest daughter Rosie. Mrs. zation that could aid the people of the region remembering the Honorable Katie Hall for her Guadarrama would remain in Brooklyn for the who were afflicted with starvation and disease. tremendous contributions to the people of her rest of her life as she raised and schooled her By 1918, Hadassah had sent an entire med- community, the State of Indiana, and the children. ical unit to Israel where they helped to develop United States of America. Her life of public Mrs. Guadarrama had a true skill for sewing the beginning of the Israeli healthcare system. service is to be admired. Her legacy will serve and had always dreamed of being a fashion In 1934, Hadassah helped to create Youth as an inspiration to us all. designer. She created patterns from brown Aliyah, a child rescue program that saved tens

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.004 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E243 of thousands of children from war torn Eastern Bert was born in 1922 in Lewiston, Maine. practical exercises, discussion of case studies Europe. Today Youth Aliyah is helping to re- By the time he was sixteen years old, he had and legal issues, and presentations from spe- settle children of the Ethiopian and Russian already started working with heavy industrial cialized units. migrations as well as Israeli children who are equipment in a shoe factory. Bert earned his Mr. Speaker, it is with great honor that I rec- living on the streets. place in the ‘‘Greatest Generation’’ when he ognize the accomplishments of Mr. Paul Throughout World War II, the organization answered the call to service during World War Bascomb. His dedication to improving the rela- sold $200 million in war bonds and was re- II. Originally joining the Maine National Guard tionship between law enforcement and local warded with 100 Air Force bombers who were in 1939, he would go on to serve in the Euro- African-American communities sets a positive given the names of different Hadassah chap- pean theater and fight in the Battle of the example for everyone who works for crime ters. By 1942 the U.S. State Department Bulge. prevention. named Hadassah one of the largest contribu- After the war, Bert returned to the shoe f tors to overseas relief, especially due to the manufacturing career that would be a part of efforts of Ms. Szold to rescue thousands of his life for more than seven decades. With lit- HONORING WILLARD ‘‘BILL’’ children from Nazi Germany. tle formal training, he mastered his craft by lis- LINEWEAVER Over the years, Hadassah has established tening, asking questions and vigilantly re- itself as a powerful voice for change. They searching the technical aspects of the job. A HON. FRANK R. WOLF have argued for federal and state funding of committed family man, Bert also repaired tele- OF VIRGINIA stem cell research and called for legislation visions on the side for nearly fifty years in IN THE HOUSE OF REPRESENTATIVES that supports medical privacy and freedom order to help pay for the schooling of his Monday, February 27, 2012 from genetic discrimination by insurance com- daughters. Mr. WOLF. Mr. Speaker, today I rise to rec- panies and employers. In Israel, they have es- I’ve always known that Mainers are of stur- ognize and honor Willard ‘‘Bill’’ Lineweaver, tablished and maintained two state-of-the-art dy stock, and I strongly suspect that our who served as a mayor and councilman of medical centers, created the Hadassah Col- healthy Maine air and peaceful surroundings Warrenton, VA. Mr. Lineweaver passed away lege Jerusalem, and run the country’s largest have something to do with it. Today at the age on February 15, at the age of 89. touring and residency program for American of 90, Bert still displays the hard work, cre- Bill Lineweaver was a great public servant, Jewish youth. ativity and ingenuity which have sustained him model citizen and a personal friend of mine. Today, the hundreds of thousands of throughout his life. You can still find him work- He will be honored and remembered by many, women in Hadassah have upheld Henrietta ing at Pamco Shoe Machinery in Lewiston, especially his wife, Elizabeth ‘‘Bizz’’, his three Szold’s commitment to improving the world we sorting and organizing machine parts. His en- daughters Beth, Babs, and Bitsy, his many live in today. I hope my fellow members will ergy and his positive attitude remain an inspi- friends, colleagues and all who knew him. join me in congratulating them on their 100th ration to all who know him. Mr. Speaker I submit the following obituary. birthday and thanking them for the wonderful Mr. Speaker, please join me again in recog- [From Fauquier.com, Feb. 16, 2012] contributions they’ve made in Baltimore and nizing Bertrand David Mathieu for his many FORMER WARRENTON MAYOR LINEWEAVER throughout the world. years of good work. DIES AT AGE 89 f f Retired Warrenton businessman J. Willard IN RECOGNITION OF LAVADA RECOGNIZING PAUL BASCOMB, A ‘‘Bill’’ Lineweaver, who served on the DILLARD 2011 FBI DIRECTOR’S COMMUNITY Warrenton Town Council from 1959 until 1974, then was mayor from 1974 until 1998, LEADERSHIP AWARD RECIPIENT died Feb. 15. HON. PHIL GINGREY Lineweaver, 89, had recently fallen at his OF GEORGIA HON. ADAM SMITH home on Winchester Street, suffering a head injury. He was taken first to Fauquier Hos- IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON pital before being transferred to the ICU at Monday, February 27, 2012 IN THE HOUSE OF REPRESENTATIVES the University of Virginia Medical Center in Mr. GINGREY of Georgia. Mr. Speaker, in Monday, February 27, 2012 Charlottesville. He was later taken to a rehabilitation fa- celebration of Black History Month, I rise today Mr. SMITH of Washington. Mr. Speaker, I to recognize Lavada Dillard, an African-Amer- cility in Lexington, Va., near the home of his rise to honor Mr. Paul Bascomb for being daughter, Beth Knapp. ican from Georgia’s 11th Congressional Dis- named a recipient of the 2011 FBI Director’s News of his death has shocked the commu- trict who has had a major impact on her com- Community Leadership Award in recognition of nity, as there was great hope and expecta- munity. his work on crime prevention. tion for his recovery and return to At the age of 16, Lavada displayed great Since 1990, the FBI has honored local lead- Warrenton. Lineweaver’s nearly 40 years as a council- courage when she carried out a successful ers and organizations with the Director’s Com- downtown lunch counter sit-in demonstration. man and mayor of Warrenton was unprece- munity Leadership Award. Honorees are rec- dented. In fact, he ran unopposed for his last Jailed for 5 days for this act, Ms. Dillard ognized for their efforts in making extraor- never ceased advocating for equal rights for three terms on town council, as well as all dinary strides in the areas of crime prevention, six terms as mayor. all individuals. violence prevention, and education in their He led the town through periods of great She has been honored twice by the South- communities. Every year, each FBI field office change, and after his last term as mayor, he ern Christian Leadership Conference and most selects one individual or organization to re- continued to be involved with other impor- recently compiled the history of Rome’s Civil ceive this prominent award. tant issues, including the acquisition and re- Rights Movement for the permanent commu- use of Vint Hill Farms Station, the U.S. As the chair of the African-American Com- nity archives. Army post east of Warrenton. munity Advisory Council to the Seattle Police Mr. Speaker, I ask my colleagues to join me Originally from the Shenandoah Valley, Department and a board member for the East in recognizing Ms. Dillard’s outstanding ac- Lineweaver came to Fauquier County when Precinct Crime Prevention Coalition, Mr. he was six years old. His father managed complishments and her unwavering commit- Bascomb has been a leader for cooperation Whitewood Farm near The Plains, and ment to civil rights. between the African-American community and Lineweaver grew up on the farm and at- f local law enforcement. Through open and con- tended public schools. On Dec. 7, 1942, he enlisted in the U.S. HONORING BERTRAND DAVID siderate conversation, Mr. Bascomb and the Army. After Basic Training, he was sent to MATHIEU African-American Community Advisory Council Ft. Benning, Ga., where he received training work with the Seattle Police Department to as a communications specialist and was pro- HON. MICHAEL H. MICHAUD give diverse communities access to the police moted to the rank of sergeant. Home on leave, Lineweaver married the OF MAINE department and promote cultural competency former Elizabeth ‘‘Bizz’’ Carter of Warrenton IN THE HOUSE OF REPRESENTATIVES training for officers. Mr. Bascomb served as a correctional offi- in May 1943. Monday, February 27, 2012 His training complete, Sgt. Lineweaver cer for more than 16 years in the Washington was assigned to the Antitank Company of Mr. MICHAUD. Mr. Speaker, I rise today to State juvenile justice system. In 2011, he com- the 393rd Infantry Regiment of the 99th In- recognize Bertrand David Mathieu of Lewiston, pleted the rigorous Citizen’s Academy Pro- fantry Division, and mid-October 1944, his Maine for his decades of work in Maine’s shoe gram, which gives community leaders an over- unit was sent to fight in the European The- industry. view of the FBI. This in-depth study includes ater of Operations.

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.001 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E244 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 Shortly after arriving, the 99th was posi- Taiwan’s momentous transformation from a RECOGNIZING THE INNOVATIVE tioned along the Seigfried Line near dictatorship under the Chinese Nationalists to AND LIFE-SAVING EFFORTS OF Krinkelt, Belgium, defending a 19-mile front a thriving and pluralistic democracy. THE WOODBURY FIRE DEPART- from advancing German forces. I urge other Members to join me in com- On Dec. 16, 1944, the Germans launched MENT OF WOODBURY, MIN- what became known as the Battle of the memorating this important historical event. NESOTA Bulge, a massive assault on the Allied lines. f Sgt. Lineweaver’s unit was pushed back to HON. MICHELE BACHMANN the hills west of Krinkelt, where they held SAN FRANCISCO STATE UNIVER- OF MINNESOTA the line until the weather cleared and Allied SITY PRESIDENT ROBERT A. airpower stopped the attack. CORRIGAN IN THE HOUSE OF REPRESENTATIVES Later, the 99th was involved in the battle Monday, February 27, 2012 for the Remagen Bridge and the clean up of HON. NANCY PELOSI Mrs. BACHMANN. Mr. Speaker, I rise today German resistance in the Rhur Pocket dur- OF CALIFORNIA ing March and April 1945. to acknowledge the innovative efforts of the IN THE HOUSE OF REPRESENTATIVES He was awarded the Bronze Star medal Woodbury Fire Department. Throughout Amer- with three battle stars and other military Monday, February 27, 2012 ica’s history, firefighters have always been our decorations for his combat service. Ms. PELOSI. Mr. Speaker, on behalf of my hometown heroes, and I am happy to share Returning home to Warrenton after the war, Lineweaver got into the retail business, constituents in San Francisco, I am proud to with this body the unique efforts of the operating the H. B. Carter furniture store on honor Dr. Robert A. Corrigan in his final year Woodbury Fire Department. Main Street for many years. as President of San Francisco State Univer- Woodbury firefighters keep track of their In 1959, he was convinced by then-Mayor sity. He has been a visionary leader in higher ability to respond to various scenarios in train- Richard Marriott to run for town council and education and has made enormous contribu- ing or real emergencies on a scorecard. Since won, beginning a long career representing tions to San Francisco, California, and indeed, the department relies on a small number of the people of Warrenton, and later providing to our entire nation. full-time firefighters as well as crossed-trained vision and leadership as mayor. During his 24-year tenure, President police officers to meet their requests, these In his role as mayor, Lineweaver became Corrigan transformed San Francisco State well known in the commonwealth, serving on scorecards allow each individual to have an a number of statewide boards and commit- University into a premier urban university that instant and uniform way of measuring the best tees, and working with mayors of other reflects the diversity of the city it serves, works practices for each situation. Most importantly, towns and cities sharing his response to the on behalf of social justice, and educates a it minimizes the human risk in new and poten- problems and opportunities as he encoun- 21st century workforce. tially dangerous conditions. tered in Warrenton. President Corrigan has studied and taught Innovation has always been a priority for He served as president of the Virginia Mu- at a number of prominent universities; how firefighters. While prevention is the best way nicipal League in 1988–89. proud we were when he chose to come to Celebrating their 68th wedding anniversary to improve a home’s safety, Woodbury fire- San Francisco State University. fighters take fire control one step further using last May, Mr. and Mrs. Lineweaver were the President Corrigan was an early pioneer for proud parents of three daughters, six grand- a method called Positive Pressure Attack. This children and six great-grandchildren. diversity in education. At San Francisco State, method allows fans to generate pressure to He was a long-time member of St. James he made a steadfast commitment to diversity remove heat, smoke and dangerous gases be- Episcopal Church and served as a vestryman of background, ethnicity, and gender in faculty fore firefighters enter a burning building. Not for many years. He also belonged to the hiring. He established groundbreaking initia- only is this beneficial for firefighters, it helps to Warrenton Rotary Club and the Fauquier tives to incorporate women and minorities into keep hazardous elements away from anyone Club. the faculty, resulting in one of the most di- Lineweaver’s funeral will be held at 11 who may be trapped inside. verse faculties of any U.S. university. The Woodbury Fire Department has consist- a.m., Monday, Feb. 20, at St. James Epis- Under President Corrigan’s direction and copal Church. The family will receive friends ently won 100 percent approval from its citi- from 1 to 3 p.m., Sunday, Feb. 19, at Moser guidance, San Francisco State evolved into zens, and it is easy to see why. They are the Funeral Home. the ‘‘College with a Conscience,’’ boasting a model of professional development and tech- f multicultural campus, and a faculty and stu- nological innovation. Mister Speaker, I am dent body that are actively engaged in public proud to represent such a fine group of people RECOGNIZING THE 65TH COM- service. San Francisco State’s Institute for in my district and I ask this body to join me in MEMORATION OF TAIWAN’S ‘‘2–28 Civic and Community Service is recognized as recognizing their achievements. MASSACRE’’ a national model. In 2001, San Francisco State assumed management of the City’s f Head Start Program, one of the few univer- HON. SCOTT GARRETT IN RECOGNITION OF MARVIN sities to do so, serving 1,800 low-income chil- OF NEW JERSEY WILLIAMS IN THE HOUSE OF REPRESENTATIVES dren. Corrigan made access to a quality edu- Monday, February 27, 2012 cation a priority of his presidency. With his HON. PHIL GINGREY Mr. GARRETT. Mr. Speaker, I rise today to wife, he established the Robert and Joyce OF GEORGIA recognize the 65th commemoration of Tai- Corrigan SF Promise Endowed Scholarship IN THE HOUSE OF REPRESENTATIVES wan’s ‘‘2–28 Massacre.’’ Fund that places higher education within reach Monday, February 27, 2012 On February 28, 1947, the brutal arrest of a of students from underserved, low-income female civilian in Taipei led to large-scale pro- neighborhoods. Joining forces with the City of Mr. GINGREY of Georgia. Mr. Speaker, in tests by the native Taiwanese against the re- San Francisco, they created an initiative that celebration of Black History Month, I rise today pression of Chiang Kai-shek’s Chinese Nation- ensures admission and financial assistance to to recognize Marvin Williams, an African- alists, who occupied Taiwan on behalf of the qualified San Francisco high school graduates, American from Georgia’s 11th Congressional Allied Forces after Japan’s defeat in 1945. many of whom are the first in their family to District who has had a major impact on his During the following days, Chiang’s govern- attend college. Indeed, San Francisco State community. ment sent troops from mainland China to the boasts one of the highest percentage of first- Quality teachers are vital to ensuring chil- island. The Chinese soldiers began capturing generation college students in the nation. dren are afforded the best education possible. and executing leading Taiwanese lawyers, President Corrigan’s visionary leadership Mr. Williams is one such educator. doctors, students, and other citizens. has been recognized by many. Most notably, For the past 30 years, Mr. Williams has It is estimated that at least 18,000 people he was handpicked by President Bill Clinton to worked as a teacher to inspire children and lost their lives during the turmoil. During the chair the Steering Committee of College and help them reach their full potential. following four decades, the Chinese National- University Presidents for the ‘‘America Reads Marvin currently serves as the Super- ists continued to rule Taiwan under a martial Challenge’’ and ‘‘America Counts’’ initiatives. intendent of the Polk County School District law system that lasted until 1987. President Corrigan has been an educator, a and I am grateful for his expertise as a mem- The 2–28 Massacre has had far-reaching role model, and a dynamic leader. On behalf ber of my Education Advisory Board. implications. Over the next half-century, the of many of my constituents, I express grati- A gifted musician, Mr. Williams also serves Taiwanese democracy movement that grew tude for his 24 years of service at San Fran- as Minister of Music for Thankful Baptist out of the incident helped pave the way for cisco State University. Church in Rome.

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.005 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E245 Mr. Speaker, I ask my colleagues to join me Schools Recruiter was encouraged by Teach- MR. MIKE DOLAN in recognizing the contributions and accom- er Corp’s positive evaluation of Thomas, to plishments of this great community and church convince Thomas that his work could be con- HON. LOU BARLETTA leader. tinued in Omaha, where an underserved youth OF PENNSYLVANIA f community could truly benefit from his pres- IN THE HOUSE OF REPRESENTATIVES ence. HONORING LORRAINE BROWN Monday, February 27, 2012 Mr. Harvey moved to Omaha, and the rest Mr. BARLETTA. Mr. Speaker, I rise today to is history. He went on to become the principal honor Mr. Mike Dolan as the Elk of the Year HON. MICHAEL H. MICHAUD of Omaha North High’s magnet school. After for 2011–2012 at Hazleton BPO Elks Lodge OF MAINE his time at the magnet school, Mr. Harvey #200. The Elks Lodge was founded in 1868 IN THE HOUSE OF REPRESENTATIVES served as a principal at the Omaha area’s first and is one of the leading fraternal orders in magnet middle school, McMillan, and he later Monday, February 27, 2012 the United States, with almost 1 million mem- returned to North High to serve as the prin- bers. Elks invest in their communities through Mr. MICHAUD. Mr. Speaker, I rise today to cipal of its general student body. Under his programs that help children grow up healthy recognize Lorraine Brown of Leeds, Maine for guidance and direction, the magnet school and drug-free, through projects that address her years of work in the shoe industry. programs at these schools quickly went from unmet needs, and through honoring the serv- Born in 1933, Lorraine grew up with her initial planning stages to implementation and ice and sacrifice of our veterans. three siblings between Auburn and Lewiston. success. These days, Harvey is well known Her father had passed away when she was Mr. Dolan has been a member of Hazleton for being a motivational educator who has BPO Elks Lodge #200 for 23 years, and he still very young, and as a result Lorraine was contributed greatly to his schools’ rise to ex- primarily raised by her mother, her grand- was its exalted ruler in 2008. He graduated in cellence, as well as an inspirational leader in the last class of St. Gabriel’s High School and mother and her aunts. At the age of 15, she the community. and her girlfriends started working in the shoe studied electrical engineering at Temple Uni- During Mr. Harvey’s tenure as principal of industry to pay for a set of roller skates. Lor- versity where he worked on ENIAC—the North High School, the school was cited for its raine met her future husband on those roller world’s first computer. After joining the Dryfoos excellent academic programs—in both News- skates at the Beacon Roller Rink on Park Insurance Agency in 1975, he received the week and Redbook magazines—and was fea- Street. coveted Insurance Designation of Chartered tured as a premiere high school on numerous Lorraine has spent over 50 years in the Property Casualty Underwriter from the CPCU television shows, including NBC’s Nightly shoe industry, stitching for Koss, Hammon, Society in San Antonio, Texas, in 1987, and News. Under Mr. Harvey’s management, Eastland, LL Bean, Knapp, and most recently, he was named the agency’s vice president in North High was deemed a Magnet School of Falcon shoes. In a 2010 interview for the 1988. Excellence in 1997, by the Magnet Schools of Shoe Industry Oral History Project, Lorraine Mr. Dolan has also served as Lecturing America. Mr. Harvey continues to promote ex- tells the story of what it was like to work for Knight, Loyal Knight, and Leading Knight. The cellence in education—currently serving as the these companies with a particular focus on the Veteran’s and Fallen Heroes Monument at the Assistant Superintendent of Student and Com- people in her life. Whether it was a childhood Hazleton lodge originated during Mike’s term munity Services for Omaha Public Schools. friend who never missed a birthday card, a as exalted ruler. Mike has chaired the Elks boss who lent her his car because they used In addition to his service to students, Mr. Basketball Hoop Shoot Committee for the past to skate together, or the new friendships she Harvey is active in several local, state, and 10 years and serves on the Youth, Veterans, forged with her coworkers, it is clear that Lor- national organizations. He is a board member Soccer Shoot, Community Activities, Orienta- raine has been a special person to a great of Magnet Schools of America, and Commu- tion, DARE, House, and Breakfast commit- many individuals. nities in Schools of Omaha. He also serves as tees. Before he passed away, Lorraine’s husband a member of the Site Visitation Team for the Today, Mr. Dolan is very active with com- told her to keep working so she wouldn’t go U.S. Department of Secondary Education, and munity service groups such as the Hazleton ‘‘downhill’’. Today, she is still stitching fire is a member of the Metropolitan Community Chapter of the American Red Cross. He is a boots for Falcon Shoes, a company she has College Advisory Committee. charter member of the Quinn Foundation, and been with since the birth of her great grand- I am proud to recognize and honor this serves as an usher at Holy Annunciation Par- daughter. Through good times and bad, highly esteemed and dedicated educator for ish at St. Gabriel’s Church. He is also highly Lorraine’s kindness and energy have been an his four and a half decades of selfless service involved in coaching youth sports including inspiration to the whole community. to the Omaha Community. Hazle Township Little League for five years, Mr. Speaker, please join me again in recog- the Greater Hazleton Youth Soccer Associa- nizing Lorraine Brown for her years of work in f tion for six years, and the junior high boys’ the shoe industry. basketball team at Holy Family Academy for CONGRATULATORY REMARKS FOR 13 years. f OBTAINING THE RANK OF EAGLE Mr. Speaker, Mr. Mike Dolan stands as a HONORING THOMAS L. HARVEY SCOUT—JACK EHRHARDT, JR. pillar of the community in Hazleton, Pennsyl- vania. I commend him for his years of dedi- HON. LEE TERRY cated service to the Elks Lodge #200, the HON. SANDY ADAMS community, and the country. OF NEBRASKA OF FLORIDA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, February 27, 2012 HONORING WILT CHAMBERLAIN Monday, February 27, 2012 FOR HIS 100-POINT GAME 50 Mr. TERRY. Mr. Speaker, it is my pleasure YEARS AGO to rise during Black History Month to remem- Mrs. ADAMS. Mr. Speaker, I would like to ber the important contributions that African congratulate Jack Ehrhardt, Jr., for achieving Americans have made to our nation—and to the rank of Eagle Scout. HON. CHAKA FATTAH OF PENNSYLVANIA honor the extraordinary people who continue Throughout the history of the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES to help shape my community of Omaha. America, the rank of Eagle Scout has only Today, I would like to pay special tribute to been attained through dedication to concepts Monday, February 27, 2012 Thomas L. Harvey, one of the thousands of such as honor, duty, country and charity. For Mr. FATTAH. Mr. Speaker, I call to the at- successful and talented African Americans in his Eagle Scout Project Jack labeled over 400 tention of my colleagues—and not just those the Second Congressional District of Ne- storm drains to educate the community about who are basketball fans—that on March 2 in braska. the potential hazards of pollution to local wa- Philadelphia we will celebrate a once-in-the- Thomas Harvey always wanted to be a terways and wetlands. By applying these con- universe athletic feat that occurred precisely positive influence in children’s lives. He first cepts to daily life, Jack has proven his true 50 years ago. did so as a fifth grade elementary school and complete understanding of their mean- On March 2, 1962, in a game between the teacher in Monroe, Louisiana; later, in addition ings, and thereby deserves this honor. Philadelphia Warriors and the New York to teaching, he took on school football and I offer my congratulations on a job well done Knicks on a neutral court in Hershey, Pennsyl- basketball coaching duties. An Omaha Public and best wishes for the future. vania, Wilt Chamberlain—perhaps the greatest

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.009 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E246 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 and most influential player in basketball his- a balanced budget amendment passed the HONORING DR. AND MRS. DICK tory—scored exactly 100 points. No one had House by a bipartisan vote of 300–132, the C.E. DAVIS done it before. No one has done it since. No national debt was $4,801,405,175,294.28. one ever will. Today, it is $15,437,987,849,460.91. We’ve But for Wilton Norman Chamberlain, born in added $10,636,582,674,166.63 to our debt in HON. LEE TERRY Philadelphia August 21, 1936, and already a 16 years. This is $10 trillion in debt our nation, OF NEBRASKA national superstar when he played for our economy, and our children could have Overbrook High School in the early 1950s, as- avoided with a balanced budget amendment. IN THE HOUSE OF REPRESENTATIVES tonishing feats on the hardwood were the commonplace. Basketball has been utterly and f Monday, February 27, 2012 permanently changed since he first attracted A TRIBUTE TO ATTORNEY ED Mr. TERRY. Mr. Speaker, it is my pleasure notice on—and above—the courts of West HALES to rise during Black History Month—to ac- Philly in neighborhoods I have been privileged knowledge the important contributions that Af- to represent in Congress. Even in the quintessential big man’s game HON. EDOLPHUS TOWNS rican-Americans have made, and continue to of basketball, Wilt Chamberlain towered over OF NEW YORK make to American society. Today, I honor his on-court contemporaries and truly loomed IN THE HOUSE OF REPRESENTATIVES some of the extraordinary citizens who have larger than life. These days, ‘‘game changer’’ Monday, February 27, 2012 shaped Nebraska’s Second District, and our has become a cliche´. Wilt might as well have Mr. TOWNS. Mr. Speaker, I rise today to great nation. Let’s pay special tribute to Dr. authored the term. Not just 7-foot-1 but agile, pay tribute and to honor Attorney Ed Hales. A and Mrs. Dick C.E. Davis, two highly re- competitive and creative, he transformed ‘‘the native of Kiskimere, Pennsylvania, Attorney spected and successful members of my com- city game.’’ He invented and perfected a style Hales has a long history of mediation and ar- munity of Omaha. ´ that has become another cliche: ‘‘above the bitration between unions and other labor This couple has long been recognized as rim.’’ The Warriors-Knicks game that historic day groups and their employers. He has also con- dedicated supporters of projects and causes was otherwise unremarkable. The Knicks were tributed greatly to the administration of higher that improve the lives of Nebraskans—particu- in last place. The ‘‘crowd’’ in Hershey was education and been active in many civic re- larly those hit hardest by poverty and the de- 4,124. There was no TV or video, and press sponsibility groups. clining economic heft of our minority commu- coverage was scant. The Warriors’ statistician It all started when Mr. Hales was a high- nities. Late last year, the couple celebrated Harvey Pollack was drafted to cover the game schooler at Vandergrift High School, in the 40th anniversary of Davis Companies: a for the Philadelphia Inquirer and two wire serv- Vandergrift, Pennsylvania where he was a family business that has long been recognized ices—and he’s the guy who penciled ‘‘100’’ three letter sports player in football, basketball as a pillar in Omaha’s business community, onto scrap paper for the iconic post-game and baseball for the Vandergrift Lancers. Edu- recently being acknowledged as one of the ten photo that’s gone ’round the world. Wilt said cationally speaking, it took one of his teach- fastest-growing Omaha businesses. ers, Mr. Bernardo to help him realize his tal- later he had been up all night the night before, Rather than resting on the success of Davis and was a bit embarrassed to have taken 63 ents and potential, thus paving the way for Mr. Companies, the Davis family has turned a shots to reach 100, with teammates feeding Hales to attend the historically white ‘‘Univer- him the ball and Knicks fouling him at every sity of Nevada’’ in Reno on a football scholar- laser-like focus to restoring a vibrant economic opportunity. ship. After the football team was deempha- renaissance in Omaha’s minority sectors. It seemed like no big deal at the time—Wilt sized, he transferred to Baldwin-Wallace Col- In 1989, the Davis family pioneered the scored at least 70 points five other times, and lege where he graduated with a bachelor’s de- State’s first public/private funding allocated to that season averaged 50.4 a game. But it’s a gree in Government and History. Once seeing addressing the underrepresentation of all mi- big deal now in his home town, the subject of what he could accomplish, he went into law nority students—in every sector of public post- ESPN and NBA–TV specials, and exalted school at the University of Wisconsin in Madi- secondary education. Since its inception, the wherever fans gather. Philadelphia’s team, the son where he joined the Alpha Phi Alpha fra- Davis-Chambers scholarship fund has grown Sixers, will be hosting Wilt’s old team, now the ternity while earning his law degree. He went to a more than 3 million dollar endowment. It Golden State Warriors, on the night of March on to become a practicing lawyer in Wisconsin has fully funded undergraduate educations for 2, with an amazing giveaway—two-inch and had a long and prodigious career, until his more than 300 of Nebraska’s ‘‘best and bright- squares of the long abandoned Hershey retirement in 2000. est’’ minority students. Sports Arena oak-wood court where Chamber- As an attorney, he worked tirelessly to me- lain scored those 100 points. diate between labor groups and their employ- Dr. Davis also helped acquire and disperse Leading the tributes in Philadelphia is Don- ers. He filled such roles as Permanent Umpire more than $385 thousand dollars in grants— ald Hunt, the respected and tireless sports- for the Ford Motor Co. and United Auto Work- to test a groundbreaking entrepreneurship writer for the Philadelphia Tribune, who has ers, Panel Member for U.S. Steel Corp. and education program in Omaha’s public schools. led efforts to commemorate the game and United Steel Workers; Panel Member for U.S. On the business front, the couple has have Wilt Chamberlain honored on a U.S. Postal Service and National Association of spearheaded a private capital fund to provide postage stamp. Keep putting up those shots, Letter Carriers; and Panel Member for the City Donald. seed money for minority-owned small busi- Basketball has come a long way since that of Los Angeles and Los Angeles Public Em- nesses. The program identifies promising evening a half century ago. The American ployees Union. small businesses, coaches them through game has gone global, from Belarus to China, In addition to his work as an arbitrator and growth, provides initial start-up funds, and from Argentina to Zaire, at the Olympics, on mediator, he was affiliated with many civic and stands behind them as they grow into their aircraft carriers, against garage walls and on a educational organizations in various capac- own creditworthiness and financial maturity. million playgrounds, wherever a hoop can ities. Attorney Hales served as the Chairman More than 86 businesses have gone through hang and a roundball sent skyward. Its heroes of the Board of Regents at the University of the process, and in the initial run, reported a and innovators are figures of historic and cul- Wisconsin in Madison, the Director of the As- default rate of less than 3 percent—an excel- tural import. Wilt Chamberlain, take a bow. sociation of Governing Boards of Universities lent rate, considering that the national trend f and Colleges in Washington, D.C. and the shows over half of these type of loans failing. Board of Attorneys Professional Responsibility OUR UNCONSCIONABLE NATIONAL in Madison, WI as well as with several other These are just a sample of the myriad DEBT esteemed organizations. achievements and selfless actions in edu- Mr. Speaker, I would like to recognize Attor- cation, community service, and wealth-building HON. MIKE COFFMAN ney Ed Hales for his lifelong contributions to endeavors that the couple has undertaken to OF COLORADO higher education, civic responsibility, and his leave an indelible mark on the economy and IN THE HOUSE OF REPRESENTATIVES work to resolve conflict and mediate difficult future of my hometown. I am proud to recog- Monday, February 27, 2012 issues within the labor industry. nize and honor Dr. Dick C.E. Davis and Mrs. Mr. COFFMAN of Colorado. Mr. Speaker, Mr. Speaker, I urge my colleagues to join Charon Davis for their service to our commu- on January 26, 1995, when the last attempt at me in paying tribute to Attorney Ed Hales. nity, and the nation.

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.012 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E247 RECOGNIZING THE MT. VIEW– HONORING THE TOWN OF Army Achievement Medal with Oak Leaf Clus- EDGEWOOD WATER COMPANY PHILLIPS ter, the Bronze Order of the de Fleury Medal, the Presidents Hundred Tab, the Distinguished HON. ADAM SMITH HON. MICHAEL H. MICHAUD Rifleman Badge, the Combat Action Badge, OF MICHIGAN and the Meritorious Unit Citation, as well as OF WASHINGTON various campaign and service medals. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Under Colonel Chesser’s outstanding lead- Monday, February 27, 2012 Monday, February 27, 2012 ership, Fort McCoy became one of the most Mr. MICHAUD. Mr. Speaker, I rise today to capable and desirable Reserve Component Mr. SMITH of Washington. Mr. Speaker, I celebrate the bicentennial of the town Phillips, training installations in the Army, providing rise to honor the Mt. View–Edgewood Water Maine. Two hundred years ago, local families stellar base operations support to over Company, of Edgewood, Washington and its petitioned the General Court of the Common- 120,000 Soldiers annually. During his tenure, General Manager, Marc Marcantonio, for win- wealth of Massachusetts for the right to be- Colonel Chesser launched and led one of the ning the gold medal at the National Great come a township and determine their future. most dramatic community transformations in American Water Taste Test and being judged Phillips was incorporated on February 25, the installation’s history, propelling Fort McCoy the best tasting water in the United States. 1812. to win the FY09 Army Communities of Excel- Each year, the National Rural Water Asso- At the time of its incorporation, Phillips was lence competition and again in FY10; a direct ciation sponsors the Great American Water home to more than 50 families. With all the reflection of his leadership, strategic planning Taste Test to honor small community drinking advantages the Sandy River and its valley of- and thinking. He took an installation that had one of the most difficult records for food serv- water supplies from across the United States fered, the town quickly grew and the people of ice and within one year improved it through who provide the public with safe, clean, and Phillips established a community which flour- sound management and leadership technique affordable water. The goal of the competition ished. Among other things, Phillips is espe- which led to the Garrison’s Connelly Food is to judge great tasting water that comes di- cially known as being the birthplace of Cor- rectly from the tap. Service Awards in 2009, 2010 and 2011. Fort nelia ‘‘Fly Rod’’ Crosby, Maine’s first reg- McCoy was also recognized as one of the Prior to the national contest, water providers istered guide, as well as being the head- Army’s best in maintenance of military equip- participate in state events. The Mt. View– quarters and hub of the Sandy River and ment, having won the Army Maintenance of Edgewood Water Company competed against Rangeley Lakes Railroad. Excellence Award in 2009 and achieving first 19 other water samples from all over the State Today, the more than 1,000 proud residents runner-up in 2010. Colonel Chesser trans- of Washington to be named the Washington of Phillips celebrate the bicentennial of their formed an underperforming mobilization train- State winner at the Evergreen Rural Water of town filled with the same spirit and sense of ing center into one recognized as one of the Washington Fall Conference and Tradeshow. common purpose that filled the founding fami- Army’s best and most effective of the seven The company was honored for the water’s lies as they petitioned to have their community active Army Power Projection Platforms. clarity, bouquet, and taste. recognized. These individuals embody the It has been an honor for me to serve as The Mt. View–Edgewood Water Company hardworking people of Maine who throughout U.S. Representative for Wisconsin’s Third has now earned itself the honor of winning the our history have embraced the challenges and Congressional District during Colonel gold medal at the National competition against opportunities of living in our state. Chesser’s tenure at Fort McCoy. I know Colo- 40 other water companies. Judges tasted un- It is an honor and a privilege to represent nel Chesser’s leadership will be greatly identified samples of water and ranked the the people of Phillips, and I am pleased to missed at the base and surrounding commu- samples based on clarity, bouquet, and taste have the opportunity to help this community nities, but I am thankful for his leadership and before naming the Mt. View–Edgewood Water celebrate its 200th anniversary. contributions to ensuring that Fort McCoy re- Company the 2012 Winner of the Great Amer- Mr. Speaker, please join me in wishing all mains a shining star in the nation’s military ican Water Taste Test. the citizens of Phillips well on this joyous oc- training infrastructure. Mr. Speaker, it is with great pleasure that I casion. On behalf of my constituents in Wisconsin recognize the Mt. View–Edgewood Water f and a grateful nation, I would like to thank and Company and Marc Marcantonio for winning commend Colonel David Chesser for his years CONGRATULATING COLONEL this national competition and providing cus- of dedicated service in the U.S. Army and in DAVID CHESSER FOR HIS YEARS tomers with the best tasting water in the particular as Garrison Commander at Fort OF SERVICE AT FORT MCCOY, United States. McCoy. WISCONSIN f f HON. RON KIND RECOGNIZING ROBERT FOY IN RECOGNITION OF TIM HOUSTON OF WISCONSIN HON. WALLY HERGER IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA HON. PHIL GINGREY Monday, February 27, 2012 IN THE HOUSE OF REPRESENTATIVES OF GEORGIA Mr. KIND. Mr. Speaker, I rise today to honor Monday, February 27, 2012 IN THE HOUSE OF REPRESENTATIVES the distinguished service of Colonel David E. Mr. HERGER. Mr. Speaker, I rise today to Monday, February 27, 2012 Chesser, whose tenure as Garrison Com- recognize the work and accomplishments of mander at Fort McCoy, Wisconsin, concludes Mr. GINGREY of Georgia. Mr. Speaker, in Robert Foy, as he prepares to retire this year February 29, 2012. Colonel Chesser assumed as Chairman of the California Water Service celebration of Black History Month, I rise today his duties as Garrison Commander on April 3, to recognize Tim Houston, an African-Amer- Group’s Board. The California Water Service 2008. Group (CWSG) provides water utility services ican from Georgia’s 11th Congressional Dis- Colonel Chesser’s 30 years of dedicated to over two million people in five states, in- trict who has had a major impact on his com- service in the U.S. Army is noteworthy in cluding the cities of Chico, Marysville and Wil- munity. every respect. He is a graduate of the Infantry lows, which are located in the Northern Cali- As a native of Acworth and pastor of Joshua Officer Basic Course, U.S. Army Airborne fornia congressional district I represent. Gospel Tabernacle, Tim has dedicated his life School, Engineer Officer Advanced Course, Mr. Foy is a fourth-generation Californian to helping others. Combined Arms and Services Staff School, and was born in San Francisco. He attended In his outreach with the Acworth Community Command and General Staff Officer Course, San Jose University and served our nation in Revitalization program, Tim works to improve the Army Management Staff College Sus- the U.S. Army. Following the Army he worked his local communities and make Georgia a taining Base Leadership & Management for Pacific Storage and Moving where he better place for families to thrive and prosper. Course, and the Army War College. eventually took over as head. On January 1, In his free time, Tim supports the Acworth Colonel Chesser has committed his life to 1996, he was named as Chairman of the Football and Baseball Association, as well as serving our country and has received many CWSG where he worked to streamline the util- the local after-school enrichment programs. deserving awards and decorations, including ity’s operations and improve customer service. Mr. Speaker, I ask my colleagues to join me the Bronze Star, Meritorious Service Medal One project was the construction and consoli- in recognizing Tim Houston’s contributions to with seven Oak Leaf Clusters, Army Com- dation of the CWSG’s customer and oper- his community and church. mendation Medal with two Oak Leaf Clusters, ations service center in Chico, which I was

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.016 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E248 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 able to tour upon its completion in 2002. The behind the historic county courthouse build- and families have a more pleasant and com- utility’s operations were previously spread ing. The Juvenile and Domestic Relations fortable experience during their time at the among multiple facilities. The consolidation Court now has eight judges and recently hospital. The greater Newark community as moved into the remodeled main court build- benefited the California Water Service Group’s ing. well as the UMDNJ family will truly miss this customers in Chico by allowing them to go to Her first volunteer job was collecting con- wonderful team. one central location for resolving their service tact information and other details from fam- Mr. Speaker, I know my fellow members of issues. ilies as they exited the courtroom, a task de- the House of Representatives agree that Dr. Mr. Foy also served as Chairman of the signed to save probation officers time. William F. Owen has been an integral part of Government Relations Committee for the Na- For the past decade, Ball has volunteered UMDNJ. He has had a stellar career here in tional Association of Water Companies for the Volunteer Interpreter Program, log- Newark and we wish him well in his future en- (NAWC) for four years. In the NAWC’s Annual ging the hours and types of cases for which deavors. interpreters are requested, and producing a Report to Congress, the organization presents monthly report on volunteer contributions. f their comments on the numerous issues facing ‘‘In the courthouse, there is more work SUMGAIT POGROMS private water utilities across the country. than even staff can do,’’ said Gibbs, coordi- Mr. Foy continues to be an extraordinary in- nator of the Volunteer Interpreter Program. dividual who has made significant and lasting ‘‘Without [volunteers], it would get done, but HON. HOWARD L. BERMAN contributions to our community through his ex- it would take double the time.’’ OF CALIFORNIA Ball said the mostly Spanish-speaking vol- emplary leadership and service as Chairman IN THE HOUSE OF REPRESENTATIVES of the California Water Service Group’s Board. unteers tease her sometimes because she is the only person involved with the program Monday, February 27, 2012 I am extremely grateful for Bob Foy’s serv- who is not bilingual. But Gibbs sees that as Mr. BERMAN. Mr. Speaker, two of the least ice to our nation and community-at-large. I am an asset, because her skilled volunteer inter- pleased to celebrate and honor the accom- preters often get pulled to other tasks. noticed and most dangerous trends of recent plishments of this impressive American as he ‘‘I have told her she’s not allowed to learn years have been Azerbaijan’s rapidly growing retires this year. any other language,’’ Gibbs joked. military budget and its increasing bellicosity to- When Ball had double bypass surgery about f ward Armenian-populated Nagorno-Karabakh. five years ago, Gibbs recalled, court staff and Last June, during Azerbaijan’s largest military HONORING JANET BALL FOR 30 volunteers visited her at the hospital every parade since the Soviet era, President Aliyev YEARS OF VOLUNTEER SERVICE day. They also threw a big surprise party for vowed to avenge the deaths of Azerbaijani her when she turned 90. soldiers killed during the 1988–1994 Nagorno- ‘‘It’s my family away from home,’’ Ball HON. GERALD E. CONNOLLY said. Karabakh war and declared that ‘‘the war isn’t over yet; only the first stage is over.’’ He then OF VIRGINIA f IN THE HOUSE OF REPRESENTATIVES boasted that Azerbaijan’s defense budget is TRIBUTE TO DR. WILLIAM F. twenty times larger than it was just eight years Monday, February 27, 2012 OWEN, JR., PRESIDENT AND CEO, previously and larger, in fact, than the entire Mr. CONNOLLY of Virginia. Mr. Speaker, I UMDNJ budget of Armenia. wish to include an article in the Fairfax Times Mr. Speaker, it is particularly appropriate from May 6, 2011, recognizing the tremendous HON. DONALD M. PAYNE that today, February 27—the anniversary of service Janet Ball has given to the Fairfax OF NEW JERSEY the 1988 Azerbaijani pogrom directed against County community for 30 years. I have known IN THE HOUSE OF REPRESENTATIVES its own Armenian population in Sumgait—that Janet for years, and have seen her dedication we commit ourselves to stopping these ugly to helping others firsthand. She is an unbeliev- Monday, February 27, 2012 threats. Armenian history is drenched in trag- able example of the value of volunteerism. Mr. PAYNE. Mr. Speaker, I rise today to edy. Everybody knows about the Armenian GREENSPRING RESIDENT HONORED FOR 30 offer my best wishes to Dr. William F. Owen Genocide, even if, sadly, only a minority of my YEARS OF VOLUNTEER SERVICE as he concludes his tenure at the University of colleagues has been willing to recognize it offi- (By Kali Shumitz, Staff Writer) Medicine and Dentistry of New Jersey. It is my cially. But fewer know about the hundreds of During her 29-year career working for the distinct pleasure to thank Dr. Owen for all he thousands of Armenians murdered under the Department of Defense, Janet Ball said she has done for the students, staff and the Great- Ottoman regime in the nineteenth century. never did much to give back to her commu- er Newark community for the past four years And fewer still, it seems, know about the po- nity. in his capacity as President and CEO of groms and ethnic cleansing that Armenians So, soon after retiring, she responded to an UMDNJ. I am proud to add my congratulations living in Azerbaijan suffered at the hands of ad in the Golden Gazette that said the Fair- fax County Juvenile and Domestic Relations to that of his family, friends and colleagues as Azerbaijanis as the Soviet Union was breaking Court was looking for volunteers. they celebrate in honor of a man who has up. Now 90, Ball is still going strong as a vol- been an integral part of the changing land- The Sumgait pogrom that we recall today unteer office assistant for the court system. scape of Newark. For all the leadership he lasted three days and resulted in the murder She also volunteers to sort mail at the has shown and the contributions he has of hundreds of Armenian civilians. Other anti- Greenspring Retirement Village in Spring- made, Dr. Owen is a worthy recipient of the Armenian pogroms took place in Kirovobad field, where she now resides, and helps out at accolades he received on February 22, 2012 November 21–27, 1988, and in the Azerbaijani her church. during a reception held in his honor. capital Baku January 13–19, 1990. During this ‘‘I’m one that likes to keep busy,’’ she said. ‘‘If I had to sit around doing nothing, I Fortunately, my office has always been able era, there were media reports of Armenians would be going to St. Elizabeth’s,’’ referring to collaborate with Dr. Owen and his staff to being hunted down and killed in their homes. to the psychiatric hospital in Washington, bring informative programs to residents of the The systematic pattern of all these attacks D.C. 10th Congressional District at various events suggested that something even more sinister Last month, the court staff honored her for including the bi-annual Health and Wellness than a mob uprising was at work. 30 years of volunteer service. Expo hosted by the Congressional Black Cau- Mr. Speaker, Azerbaijan seems bent on de- Her supervisor at the courthouse, Loida cus Foundation. Dr. Owen’s involvement was stroying every last vestige of the Armenian Gibbs, described Ball as ‘‘the admin assistant instrumental in making the 2011 Expo a suc- presence in Azerbaijan. For example, there is of the century.’’ Ball also used to volunteer to do office cess. Dr. Owen also guided UMDNJ through a videotaped evidence of the Azerbaijani gov- work for U.S. Rep. Gerald Connolly (D-Dist. tumultuous period of instability. His leadership ernment’s December 2005 systematic dese- 11) when he represented the Providence Dis- was key in bringing the institution back to a cration and destruction of an ancient Armenian trict on the Fairfax County Board of Super- prominent position within the Newark Colle- cemetery, including thousands of intricately- visors. giate and Healthcare Community. carved grave-stones in Djulfa, in a section of After he was elected board chairman, she Although Dr. Owen was very successful dur- Azerbaijan near the Turkish border. I believe asked him, ‘‘Do I get a promotion?’’ Indeed, ing his tenure at UMDNJ, there was one part- our State Department still has not adequately she continued to volunteer for Connolly ner who was an invaluable assistant, his wife doing office work until he was elected to examined this incident, and I call on it to do Congress. Alice Owen. Through their combined efforts, so. When Ball began volunteering for the they were able to work with the UMDNJ Hos- Today is a solemn day as we recall this his- court, there were only two judges and the ju- pital Auxiliary to help raise funds for several tory of murder, displacement, and destruction, venile court operated out of a small building new rooms. These additions helped patients but it is this very history that underscores the

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.011 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E249 importance of self-determination for Nagorno- elected to the Colorado State Senate and the a Board Member for numerous organizations, Karabakh. I call on the Administration to press Denver School Board, making more friends including Children’s Medical Center, the Alli- the Azerbaijani government to cease its belli- and connections along the way. Paul’s nego- ance for Children and Families, and Baylor cose rhetoric and to stop its headlong rush to tiation skills are legendary. Talk to anyone Specialty Health Centers. Dr. Hall’s legacy re- war now and to adhere strictly to the prin- who has worked with him and you will be told flects his selfless service, enduring faith, and cipled basis of the Minsk Process, namely, the stories of Paul’s ability to build coalitions and commitment to caring for those in need. search for a peaceful, negotiated solution for get things done. He is the go-to person for Mr. Speaker, I ask my esteemed colleagues Nagorno-Karabakh. I likewise call on the Ad- personal and political advice. He has been a to join me in congratulating Dr. Hall on his re- ministration to redouble its efforts to achieve a mentor to Senators, Governors, Congress tirement and 19 years of service to Buckner solution for Nagorno-Karabakh. And, on this people and our own current Secretary of the International. I wish him all the best in his fu- day when we once again reflect on the bru- Interior, Ken Salazar. But his advice is not just ture endeavors. tality Armenians have suffered, and endured, to famous or high-elected officials; it is warmly f for centuries, I once again call on the Adminis- available to anyone who asks. tration simply to acknowledge history and to He is also involved in quiet philanthropy. He RECOGNIZING JEFFREY PRIBBLE recognize the Armenian Genocide. has personally been responsible for numerous AS THE 2013 ESCAMBIA COUNTY, FLORIDA TEACHER OF THE f scholarships for students at local high schools as well as supporting many school events. YEAR RECOGNIZING PAUL JOHN And he is a family man; he is the one who is SANDOVAL there for his 5 children and his brothers and HON. JEFF MILLER sisters, never giving them less than he gives OF FLORIDA HON. DIANA DeGETTE to his business and his community. IN THE HOUSE OF REPRESENTATIVES OF COLORADO Politics and education are a significant part Monday, February 27, 2012 IN THE HOUSE OF REPRESENTATIVES of his make-up—and that tamale shop. When Mr. MILLER of Florida. Mr. Speaker, I rise Monday, February 27, 2012 you talk to Paul, you talk about history, edu- cation and politics. In that tamale shop, where today to recognize Mr. Jeffrey Pribble as the Ms. DEGETTE. Mr. Speaker, I would like to everyone gathers to eat, talk and get advice, 2013 Escambia County, Florida Teacher of the recognize the wonderful life and exceptional you can count on getting two things: wonderful Year. Mediocre teachers tell, good teachers accomplishments of a remarkable man in the tamales and straight-forward advice from a explain, excellent teachers demonstrate, and 1st Congressional District of Colorado. It is man who will tell you exactly what he thinks, the best teachers inspire. As portrayed by to- both fitting and proper that we recognize this a man who cares about people, a man who is day’s award and his students’ achievements, distinguished citizen for his impressive record true to his word. Mr. Pribble is someone who has been an in- of civic leadership and invaluable service. It is The contributions of Senator Paul Sandoval spiration to his students, driving them to real- to commend this eminent citizen that I rise to are numerous, and on behalf of the citizens of ize their potential and achieve excellence, and honor Senator Paul John Sandoval. the 1st Congressional District of Colorado, I I am proud to recognize the accomplishments Paul John Sandoval says that he is, ‘‘just a wish to express our gratitude. His service and that place him among the best of Northwest tamale maker.’’ And indeed, he is a wonderful accomplishments command our respect and Florida. tamale maker. I have had the opportunity to admiration. Please join me in paying tribute to Mr. Pribble has been an educator for 16 bring some of those fine tamales to this fair Senator Paul Sandoval, a distinguished cit- years and currently serves his students, par- city. But he is much more than just a tamale izen. ents, and community as the AP English Lit- maker. He has worn so many other hats in his erature and Composition, Dual Enrollment f distinguished life: salesman, entrepreneur, pol- English, and Multimedia Communications In- itician, elected official, family man, confidant IN RECOGNITION OF DR. KENNETH structor at Escambia High School. During his and a person of the utmost integrity. Paul be- L. HALL tenure at EHS, Mr. Pribble has excelled in lieves, ‘‘a person should be true to his word teaching students from diverse backgrounds, and look after the people.’’ Looking after peo- HON. PETE SESSIONS while also helping to facilitate the publication ple is something that Paul has been doing his OF TEXAS of the school’s yearbook and newspaper. As entire life. IN THE HOUSE OF REPRESENTATIVES someone who has the uncanny ability to com- Paul John Sandoval was born on June 29, bine a force of intellect with superb inter- 1944, to Jerry and Camilla Sandoval, the ninth Monday, February 27, 2012 personal, problem solving, and leadership of 11 children. Born in North Denver, he Mr. SESSIONS. Mr. Speaker, I rise today to skills, he has exceeded expectations. learned early a strong work ethic. His first en- recognize Dr. Kenneth L. Hall as his family, With a vast list of accomplishments, it is terprise was selling newspapers and his most friends, and colleagues gather to celebrate his hard to highlight them all. In the classroom, he notable customer was President Eisenhower. retirement and 19 years of dedicated service increased 2011 Florida Comprehensive As- Paul, having tracked down the President to at Buckner International. sessment Test (FCAT) scores by 79 percent get his famous sale, was rewarded with a 5 After earning his bachelor’s degree from the with his standardized classes and 67 percent dollar bill from the President himself. Never University of Texas at Tyler, Dr. Hall attended with his advanced classes. Outside of the one to miss an additional opportunity, Paul Southwestern Baptist Theological Seminary classroom, his yearbook and newspaper staff asked the President to sign the bill, which he and graduated with Master of Divinity and has received numerous accolades. The Na- did. Then he promptly sold that five dollar bill Doctor of Ministry degrees. Prior to his leader- tional Journalism Education Association for 10 dollars, doubling his money. Paul grad- ship role at Buckner, Dr. Hall served as Pastor awarded Mr. Pribble and his multimedia stu- uated from high school in 1962 and got a for four churches in Texas. In 1994, he joined dents 18 National Edition and Featured Video scholarship to Louisiana State University— Buckner as President and Chief Executive Of- Awards for their work. Mr. Pribble and his stu- New Orleans, where he studied Russian, hop- ficer. dents have also produced and screened films. ing to go into the Foreign Service. He returned Founded in 1879, Buckner International has Last May, he organized a formal screening of to Colorado a year later and earned his de- devoted itself to helping orphans, vulnerable one of his class’s student films, Never Miss a gree in international affairs in 1968. Although children, and their families. As a global Chris- Beat, where over 300 students, parents, he never served in the Foreign Service, his life tian ministry, they annually serve over 400,000 teachers, and community members attended. has been dedicated to looking after the peo- people in 69 countries. They offer a variety of On a personal level, Mr. Pribble does not ple. Among other endeavors, Paul fought for family, empowerment, and community pro- believe in settling, and he strives to constantly fair housing as part of the federal War on Pov- grams, as well as retirement services, and hu- evolve as a teacher, mentor, and motivator. erty and with the Chicano Education Project, manitarian aid. Under Dr. Hall’s leadership, While some are defensive to constructive criti- which pushed for voter registration and bilin- Buckner extended its reach outside of the bor- cism, Mr. Pribble welcomes it as a way to im- gual education. Paul’s first language growing ders of Texas for the first time. In 1996, prove his efficacy. Likewise, while some up was Spanish. Buckner launched its international ministry, teachers are unwilling to take academic risks, Throughout his whole life, Paul has made supporting children living in orphanages in Mr. Pribble attributes some of his greatest many friends and they have become part of other countries. Aside from his duties at successes to the use of a novel approach. He his network. As one person put it, ‘‘Paul was Buckner, Dr. Hall has also devoted himself to incorporates innovative teaching practices Facebook before Facebook existed.’’ Paul was serving his local community. He has served as such as the use of technology and multimedia

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.014 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E250 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 tools to supplement daily lessons. Mr. This year’s conference theme, ‘‘A New Era beliefs were investigated by the House Com- Pribble’s ambition and willingness to accept of Leadership’’ signifies NAREB’s commitment mittee on Un-American Activities. challenges motivates his students to strive for to creating a better tomorrow for the real es- After graduating from Girls High School in excellence in their academic life. tate industry and for our economy as a whole. Brooklyn, Una worked as a secretary at Ran- Mr. Pribble’s greatness lies well beyond his It is exciting to know that this year’s con- dom House and developed a strong passion title as Escambia County Teacher of the ference will be held in sunny South Florida. I for publishing. She combined a love of books Year—it lies in the hearts and minds of those thank them for their advocacy over the years with a commitment to political activism, and who have been deeply affected. Teachers and wish NAREB a successful conference. moved to Guyana in 1963 to open a bookstore such as Mr. Pribble leave a perpetual impact f and to help with the revolution. While in her on their schools, and due to Mr. Pribble’s am- store one day, Una was severely wounded bition and success, Escambia High School is RECOGNIZING PAUL KREBBS when a package containing a bomb exploded, initiating a multimedia academy for 2012– killing a colleague. 2013. The multimedia academy will help en- HON. NITA M. LOWEY Una eventually returned to New York, and in sure that his legacy will continue to be felt by OF NEW YORK 1967 opened Liberation Bookstore in Harlem Escambia High students for years to come. IN THE HOUSE OF REPRESENTATIVES to promote causes aimed at ending South Afri- Great teachers are an invaluable asset to our can apartheid. Her establishment quickly be- Monday, February 27, 2012 nation’s students, and to be honored as came a Harlem landmark, and provided the Teacher of the Year is a reflection of Mr. Mrs. LOWEY. Mr. Speaker, I rise today to community with a vast collection of literature. Pribble’s inexorable dedication to the students recognize Mr. Paul Krebbs for a life’s work in For four decades, Una was an inspiration to of Escambia County. He has proven himself to Catholic education that has had a significant the people of Harlem and her bookstore be- be among the most exceptional teachers in impact on countless students, families, and came the destination for generations of people our nation. fellow educators. On Wednesday, January 25, interested in race. On one side of the door to Mr. Speaker, on behalf of the United States 2012, Mr. Krebbs was honored by the White her bookstore, a sign stated, ‘‘If you don’t Congress, I take great pride in recognizing House as a ‘‘Champion of Change,’’ and today know, learn.’’ On the other side: ‘‘If you know, Jeffrey Pribble’s enthusiasm for teaching, tal- it is our privilege to echo this commendation. teach.’’ ent for inspiring, and commitment to excel- For nine years, Paul Krebbs has served his Mr. Speaker, I ask that you and my col- lence. My wife Vicki joins me in congratulating community with distinction as the President of leagues join me in paying tribute to the life of Mr. Pribble, and we wish him all the best as All Hallows High School in the Bronx, New this very honorable woman. She is the defini- he continues to be an exemplary role model to York. In his capacity as President, Mr. Krebbs tion of a true Harlemite, and her presence will others who follow in his footsteps. has also served as the institution’s CEO and be missed in my district. f has worked tirelessly to maintain the stand- f ards of excellence that have come to be asso- TRIBUTE TO THE NATIONAL ASSO- ciated with All Hallows High School. All Hal- RECOGNIZING HARDYSTON CIATION OF REAL ESTATE BRO- lows routinely places its entire graduating TOWNSHIP, NEW JERSEY KERS (NAREB) ON THEIR 65TH class, which is 98% students of color, into ANNUAL MID-WINTER CON- four-year colleges. HON. SCOTT GARRETT FERENCE During Mr. Krebb’s tenure at All Hallows, OF NEW JERSEY the school’s academic standards and Catholic IN THE HOUSE OF REPRESENTATIVES identity have been maintained while enroll- HON. FREDERICA S. WILSON Monday, February 27, 2012 OF FLORIDA ment has steadily increased. Meanwhile, the IN THE HOUSE OF REPRESENTATIVES school has become financially stable and self- Mr. GARRETT. Mr. Speaker, today I recog- sufficient. nize Hardyston Township, New Jersey, in Monday, February 27, 2012 Beyond All Hallows, Mr. Krebbs has contrib- beautiful Sussex County, upon the momentous Ms. WILSON of Florida. Mr. Speaker, I rise uted his passion for education by founding the occasion of the Township’s 250th anniversary. today to pay tribute to the National Association Office of Educational Development at the In late October, 1761, a ship traveling from of Real Estate Brokers (NAREB) on their 65th Archdiocese of New York. As the White House Europe ended its trans-Atlantic voyage in New Annual Mid-Winter Conference. declared last month, champions like Mr. York. On that ship was Josiah Hardy, eldest The National Association of Real Estate Krebbs, ‘‘inspire all of us to build up our com- son of Sir Charles Hardy and his wife, Eliza- Brokers was formed in 1947 by twelve pioneer munities and our Nation’s young people.’’ beth Burchett, and brother to five siblings. Just African American real estate professionals Mr. Speaker, I am proud to recognize my a few months earlier, Josiah had been ‘‘ap- from seven states across the country: Nanie constituent, Paul Krebbs, for his remarkable pointed Captain General and Governor in Black, Detroit, Michigan; Macco Crutcher, De- service to All Hallows High School and his life- Chief of His Majesty’s Province of New Jer- troit, Michigan; Carleton Gains, Detroit, Michi- long commitment to enriching the lives of oth- sey. . . .’’ Hardy would hold this position for gan; W.D. Morrison, Jr., Detroit, Michigan; ers through education and self-betterment. I fewer than two years, yielding his title to Wil- O.B. Cobbins, Jackson, Mississippi; W.H. urge my colleagues to join me in honoring his liam Franklin in February 1763 and setting sail Hollins, Birmingham, Alabama; George W. accomplishments and thanking him for his tre- for England in September of that same year. Powell, Jacksonville, Florida; J.R. Taylor, mendous contributions. While Governor Hardy’s tenure was brief, it Miami, Florida; F. Henry Williams, Jackson- f saw the formation by Royal Charter of ville, Florida; Horrace Sudduth, Cincinnati, Hardyston Township in 1762. Ohio; J.W. Sanford, Oklahoma City, Okla- PAYING TRIBUTE TO THE LIFE OF Today, little is known of Josiah Hardy, but homa; A. Maceo Smith, Dallas, Texas. UNA MULZAC his name and legacy live on in the Township NAREB was formed out of a need to secure of Hardyston. the right to equal housing opportunities re- HON. CHARLES B. RANGEL Throughout its history, Hardyston has gardless of race, creed, or color. OF NEW YORK played a central role not only in the story of The goal of NAREB is to bring together the IN THE HOUSE OF REPRESENTATIVES Sussex County but also in the story of Amer- Nation’s minority professionals in the real es- ica. During the Revolutionary War, General tate industry to promote the meaningful ex- Monday, February 27, 2012 George Washington and the Continental Army change of ideas about their business and how Mr. RANGEL. Mr. Speaker, it is with great camped in Hardyston. And in the Township’s best to serve the community. NAREB strives sadness that I rise to honor the life of Una earliest days, the work of farmers, millers, and to create an environment where creativity Mulzac, a small business owner and political blacksmiths signaled the building of the nas- flourishes in both the workplace and the mar- activist from my district. Una was a civil rights cent nation. ketplace. leader and an active educator in her commu- Today, Hardyston Township residents con- NAREB is the oldest minority trade associa- nity. tribute in areas ranging from finance, edu- tion in America. Since 1948, when the first Born in Baltimore on April 19, 1923, Una in- cation, and construction to health care, enter- Conference was held in Atlantic City, New Jer- herited a fighting spirit from her father, Hugh tainment, and retail services, to name just a sey, NAREB has continued to voice their opin- Mulzac, who became the first African Amer- few. The Township offers diverse recreational ions and take stands against inequity and in- ican to command a ship in the United States opportunities and is home to scenes of pristine justice in housing. merchant marines. In 1961, Hugh’s political beauty that undoubtedly mirror the beauty of

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.017 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E251 Hardyston’s earliest days. Additionally, tions. He served as President of the Fiesta of CONGRATULATING SERGEANT Hardyston holds the distinction of being the Five Flags, which commemorates Pensacola’s FIRST CLASS CHRISTINE K. discovery place of Hardystonite, a fluorescent founding as the first European settlement in TULLOCH ON HER RETIREMENT mineral discovered in 1899 in the Franklin Fur- America, and in 1989 he wore the mask of FROM THE UNITED STATES nace Mine. Don Tristan De Luna, as the ceremonial head ARMY Two hundred fifty years after its formation, of the festivities. Hardyston Township continues to be a vibrant HON. ALCEE L. HASTINGS community that invites residents and visitors As a patriot and a veteran, Mr. Crona also recognized the importance of honoring and OF FLORIDA alike to enjoy all that it offers and to become IN THE HOUSE OF REPRESENTATIVES a part of its ongoing history. thanking the brave men and women who sac- Monday, February 27, 2012 As Hardyston Township Celebrates its 250th rifice so much so that we may be free, and he Anniversary, I offer my congratulations and my was a part of a small group who secured fi- Mr. HASTINGS of Florida. Mr. Speaker, I heartfelt wish for a future for Hardyston Town- nancing and oversaw the construction of the rise today and ask my colleagues to join me ship that is as bright as—and even brighter World War II Memorial at Veterans Memorial in congratulating SFC Christine K. Tulloch for than—its rich and notable past. Park in Pensacola. her retirement from the United States Army f Mr. Crona is survived by Diane, his wife of after 22 years of devoted service. She has 57 years; his daughter, Susan Smart; as well also been nominated for the Legion of Merit HONORING THE LIFE OF NORTH- Award to commemorate her faithful and coura- WEST FLORIDA’S BELOVED JO- as two grandchildren, Joseph and Sydney Smart. To some Joseph Crona will be remem- geous service. I am honored to recognize SFC SEPH CRONA Tulloch today for these accomplishments and bered as a patriot and a leader in the North- also take a moment to acknowledge her birth- west Florida community. To others he will be HON. JEFF MILLER day she recently celebrated on February 17th. remembered as a lifelong Florida State Semi- During her distinguished career, SFC OF FLORIDA nole. To his friends and family, he will most IN THE HOUSE OF REPRESENTATIVES Tulloch displayed thrift and foresight in her po- fondly be remembered as a loving and de- sition as a Movement Supervisor conducting Monday, February 27, 2012 voted family man. His tireless work and im- rail, airport, and sea operations. This position Mr. MILLER of Florida. Mr. Speaker, on be- mense contributions to his community cannot required SFC Tulloch to oversee supply half of the United States Congress it is an be overstated. Northwest Florida has truly suf- chains in order to facilitate the movement of honor for me to rise today to recognize the life fered a great loss with his passing. goods and services across significant dis- of Northwest Florida’s beloved Joseph Crona. Mr. Speaker, on behalf of the United States tances. This work is a vital component of any Mr. Crona was a native of Pensacola, Flor- Congress, it gives me great pride to honor the successful military operation. She performed ida and a longtime leader in the Northwest life of Joseph Crona. My wife Vicki joins me in this duty from 2001 to 2002 in Fort Eustis, Vir- Florida community. He was a true patriot. After extending our most sincere condolences to the ginia; from 2002 to 2004 in Bamberg, Ger- graduating from Pensacola High School, Mr. entire Crona family. many; and from 2004–2005 in Tallahassee, Crona answered the call of duty, serving with Florida, where she also served as Training honor and distinction during World War II in f NCO. the European Theater. When he returned Throughout her career, SFC Tulloch dem- home, Mr. Crona attended Florida State Uni- RECOGNIZING JEANNE MILSTEIN onstrated an admiral commitment to the effi- versity, where he played offense, defense, and ciency and effectiveness of military activities. special teams on Florida State University’s in- For example, in December 2002 when her augural football team. He continued to follow HON. JOE COURTNEY team was deployed as an advanced party in his beloved Seminoles, taking in games support of Operation Iraqi Freedom, she ad- around the country, and he was honored by OF CONNECTICUT ministered the safe receipt and transit of more the University as part of a special ceremony IN THE HOUSE OF REPRESENTATIVES than 5,000 containers. In a conflict as haz- recognizing the Fiftieth Anniversary of the ardous as the war in Iraq, this was a logistical school’s first football team. Monday, February 27, 2012 feat and one that she would repeat many After graduating from FSU with a degree in times. In March 2003, her team would preside economics, Mr. Crona moved back to his Mr. COURTNEY. Mr. Speaker, I rise today over the reception, staging and movement of hometown where he translated his success in to recognize the retirement of Connecticut’s over 40,000 combat and support troops. This the classroom and on the football field to the Child Advocate, Jeanne Milstein, and cele- would be an influential movement just prior to boardroom. He began working in the Trust De- brate her years of service to the State and, the second invasion. partment at Citizens and Peoples National more importantly, to Connecticut’s children SFC Tulloch also served in the U.S. Army Bank, rising to become a Trust Officer. In and their families. Human Resources department where she ad- 1971, he joined Commercial National Bank as For over a decade, Jeanne has headed the ministered assignments for as many as 12,000 Executive Vice-President, and shortly there- Office of the Child Advocate (OCA), which soldiers. It was also necessary to coordinate after, Mr. Crona became President of Com- oversees the protection and care of the the Joint Domicile and Married Couple’s Pro- mercial National Bank. He went on to serve as State’s most vulnerable children. Under gram in which SFC Tulloch demonstrated her President of Charter National, Century Na- Jeanne’s leadership, the OCA has reviewed compassion as well as a high level of com- tional and finally Sun Bank, where he worked and acted on thousands of requests for assist- petence in arranging over 1,300 personal as- as President/CEO until his retirement in 1994. ance ranging from safety and health to edu- signments a year. From 2009 to 2010, SFC Mr. Crona was an avid sportsman, and he cation. Most recently, the OCA participated in Tulloch was promoted to Chief Movement Su- pursued his passion for the outdoors through the Children and Recession Task Force, lead- pervisor for the U.S. Armed forces in years hunting and fishing. As an active mem- ing an effort on transitioning young adults CENTCOM in Doha, Qatar. Her performance ber of the Pensacola Sports Association, Mr. leaving the care of the state Department of was such that she meticulously managed the Crona helped to bring world class sporting Children and Families. OCA has also led over- transfer of millions of dollars worth of re- events to Northwest Florida. He served as sight on children in congregate care settings sources without waste or inaccuracy. What made the work of SFC Tulloch excep- President and Tournament Director of the and transitional supports for confined youth. tional was her ability to see opportunities to Pensacola Open, which saw world class PGA Beyond overseeing the care and protection of golfers, including legendary winners such as eliminate excessive bureaucracy in order to Connecticut’s children, Jeanne and the OCA Arnold Palmer, Gary Player and Pensacola’s maximize the impact of expenditures. For in- have been fierce watchdogs of taxpayer re- own Jerry Pate, compete at the highest level stance, during her time in Iraq, SFC Tulloch sources. in front of Northwest Florida’s passionate fans. was able to investigate some 2,000 overdue In addition to his tireless efforts promoting Jeanne’s hard work and dedication have invoices and credit card purchases which sports throughout the area, Mr. Crona was an been an invaluable resource for Connecticut meant that more than $3 million dollars was active member of Northwest Florida’s civic so- and should serve as an example for all those refunded to the U.S. Government. While being ciety. He was a member of the Pensacola in public service. Again, I ask that my col- posted in Afghanistan, SFC Tulloch was Chamber of Commerce, the United Way, Navy leagues join me in applauding Jeanne’s serv- placed in charge of equipment and vehicles League and numerous Mardi Gras organiza- ice and recognizing her retirement. valued above $24.6 million dollars. She was

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.022 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E252 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 able to direct the movement of these re- en and tortured and eventually burned to mentary School. Ms. Ross has proudly served sources in a timely manner, even when given death. Thousands were driven from their as a 5th grade teacher at Mary Esther Ele- limited notice in which to organize herself and homes and forced to become refugees. Arme- mentary School for the past two years. her team. nian homes and businesses were left to be Ms. Ross makes a difference by never set- Mr. Speaker, on June 1, 2012 Sergeant looted and destroyed. tling for mediocrity. While some are afraid of First Class Christine K. Tulloch will retire from In the years that followed this heinous change and are unwilling to take risks, Ms. the United States Army. She should be proud event, Armenians living in Kirovabad and Baku Ross attributes some of her greatest suc- of the fact that her record of accomplishments suffered a similar fate. These pogroms were cesses in the classroom to the use of a novel is truly commendable. Throughout her career, only part of a pattern of anti-Armenian activi- approach. She incorporates innovative teach- SFC Tulloch was able to execute the tasks as- ties occurring throughout Azerbaijan, setting ing practices, such as the use of the Balanced signed to her in a capable manner in spite of the stage for two decades of aggression dur- Literacy Model, Discovery Education Assess- conditions that were often pressurized and ing which the Azerbaijani government initiated ment (DEA) Probes, and technology to supple- hostile. It is my great honor to recognize SFC a war against the people of Nagorno- ment daily lessons. Using these methods, she Tulloch and I wish her all the best in her re- Karabakh. Thousands of people lost their lives is able to better address the needs of her stu- tirement and hope that she may continue to and hundreds of thousands of Armenians dents and provide them a pathway to success. use her talents to the betterment of those were displaced as a result of the fighting. A She strives to share teaching methods with around her. once thriving population of 450,000 Armenians her colleagues to ensure that all can benefit f living in Azerbaijan virtually disappeared. from these successful techniques. She also A cease-fire agreement, brokered in 1994, combines education with community involve- RESEARCH WORKS ACT remains in place today. However, Azerbaijan’s ment and often invites various community continued war-mongering, recent cease-fire members, including members of the military HON. CAROLYN B. MALONEY violations, and dramatic increase of its military and local Kiwanis Clubs, to participate in her OF NEW YORK budget threaten to destabilize the Nagorno- lessons and interact with other members of IN THE HOUSE OF REPRESENTATIVES Karabakh peace talks. In January 2008, Azer- Mary Esther Elementary School. baijani President Ilham Aliyev warned Arme- Out of her passion for teaching and her love Monday, February 27, 2012 nians living in Nagorno-Karabakh, ‘‘We are re- for children, Ms. Ross sets high standards for Mrs. MALONEY. Mr. Speaker, I rise today inforcing our army because we must be ready all of her students and works with them to to offer the following statement along with my to free our lands . . . at any moment and by achieve their goals and the desired results of colleague from California, Rep. DARRELL ISSA: any means.’’ Such rhetoric is detrimental to the overall academic performance of the class. The introduction of H.R. 3699 has spurred a the peace process and is further evidence that She is the positive force behind each student’s robust, expansive debate on the topics of sci- this conflict is ongoing and must be resolved. growth of mind, by giving them the confidence, entific and scholarly publishing, intellectual It is my sincerest hope that a democratic and knowledge, and inspiration needed to suc- property protection, and public access to fed- peaceful resolution can be reached, and ceed. Teachers like Ms. Ross leave a per- erally funded research. Since its introduction, Nagorno-Karabakh’s right to self-determination petual impact on their schools and community. we have heard from numerous stakeholders affirmed. Mr. Speaker, on behalf of the United States and interested parties on both sides of this im- This April will mark the 97th anniversary of Congress, I take great pride in recognizing portant issue. the Armenian Genocide, an event the Turkish Ms. Duscha Ross as one of Northwest Flor- As the costs of publishing continue to be government, Azerbaijan’s closest ally, goes to ida’s finest educators, and I congratulate her driven down by new technology, we will con- great and tragic lengths to deny. We must not on her recent accolade as Okaloosa County, tinue to see a growth in open access pub- let such crimes against humanity go unrecog- Florida Teacher of the Year. This is an out- lishers. This new and innovative model ap- nized. Today, let us pause to remember the standing achievement, and her service to the pears to be the wave of the future. The transi- victims of the atrocities of the Sumgait po- area should stand as an example to those tion must be collaborative, and must respect groms. Mr. Speaker, it is our moral obligation who follow in her footsteps. My wife Vicki joins copyright law and the principles of open ac- to condemn crimes of hatred and to remember me in wishing her all the best for continued cess. The American people deserve to have the victims, in hope that history will not be re- success. access to research for which they have paid. peated. f This conversation needs to continue and we f have come to the conclusion that the Re- HONORING DR. EDUARDO JOSE search Works Act has exhausted the useful RECOGNIZING DUSCHA ROSS AS PADRON role it can play in the debate. As such, we THE 2012 OKALOOSA COUNTY, want Americans concerned about access to FLORIDA TEACHER OF THE HON. FREDERICA S. WILSON research and other participants in this debate YEAR OF FLORIDA to know we will not be taking legislative action IN THE HOUSE OF REPRESENTATIVES on H.R. 3699, the Research Works Act. We HON. JEFF MILLER Monday, February 27, 2012 do intend to remain involved in efforts to ex- OF FLORIDA amine and study the protection of intellectual IN THE HOUSE OF REPRESENTATIVES Ms. WILSON of Florida. Mr. Speaker, on the property rights and open access to publicly occasion of the Greater Miami Chamber of Monday, February 27, 2012 funded research. Commerce’s Sand In My Shoes Commitment f Mr. MILLER of Florida. Mr. Speaker, I rise to the Community award ceremony tonight, I today to recognize Ms. Duscha Ross as the rise to recognize and honor one of our na- HONORING THE VICTIMS OF 2012 Okaloosa County, Florida Teacher of the tion’s top education leaders, Dr. Eduardo Jose SUMGAIT Year. Good teachers educate, but the best Padron. For nearly 20 years, Dr. Padron has teachers make a difference and inspire. For served as the president of Miami Dade Col- HON. ADAM B. SCHIFF eleven years, Ms. Ross has made a significant lege, MDC, the nation’s largest higher edu- OF CALIFORNIA impact in the lives of her students, colleagues, cation institution. He has garnered recognition IN THE HOUSE OF REPRESENTATIVES and community. I am proud to recognize her for his leadership from six American presi- achievements. dents and from organizations throughout the Monday, February 27, 2012 Ms. Ross joined the Okaloosa County, Flor- world. Mr. SCHIFF. Mr. Speaker, I rise today to ida School District in 2002, with a background Dr. Padron was born on June 26, 1944, in commemorate the scores of Armenian lives in Political Science and Military Studies from Santiago, Cuba. After arriving in the United lost in the vicious attacks perpetrated by Azer- Pennsylvania State University. Her career as a States as a refugee at the age of 15, Dr. baijani pogroms against Armenian civilians in teacher and mentor began at the Department Padron capitalized on his educational opportu- the town of Sumgait, Azerbaijan 24 years ago. of Juvenile Justice in Okaloosa County where nities by earning a Ph.D. in Economics from Beginning on February 27, 1988 and for three she taught Language and Reading. Since then the University of Florida. A decade later, Dr. days, Azerbaijani mobs assaulted and killed she has served the Okaloosa County School Padron would become the president of Miami Armenians. Hundreds of Armenians were District in various capacities as a 3rd, 4th, and Dade College’s Wolfson Campus. There, he wounded, women and young girls were bru- 5th grade teacher and a Remedial and Ad- implemented revolutionary initiatives that tally raped, and victims of all ages were beat- vanced Reading teacher at Northwood Ele- earned him a stellar reputation and propelled

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.024 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E253 him to the presidency of our nation’s largest research and other participants in this debate sional District too many times to count in the higher education institution. to know we will not be taking legislative action name of constituent service, and provided President Padron’s transformational under- on H.R. 3699, the Research Works Act. We goodwill among its residents that is immeas- takings at Miami Dade College, resulting in do intend to remain involved in efforts to ex- urable. I offer my very best wishes to Pat and 174,000 students enrolled, greater student ac- amine and study the protection of intellectual his family for his bright future ahead. cess, retention, graduation and overall property rights and open access to publicly achievement, have been hailed as the model funded research. f for innovation in higher education. Currently, f MDC enrolls the most minorities nationally— RECOGNIZING JEFFREY BAUGUS including the most African Americans and His- H.R. 1433, THE PRIVATE PROPERTY AS THE 2013 SANTA ROSA COUN- panics. The recent list of awards applauding RIGHTS PROTECTION ACT OF 2012 TY, FLORIDA TEACHER OF THE MDC’s achievements includes the 2011 Coun- YEAR cil for Higher Education Accreditation ‘‘Award HON. EARL BLUMENAUER for Outstanding Institutional Practice in Stu- OF OREGON dent Learning Outcomes’’ and the ‘‘U.S. Presi- IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER dent’s Higher Education Community Service OF FLORIDA Monday, February 27, 2012 Honor Roll.’’ IN THE HOUSE OF REPRESENTATIVES President Padron’s achievements in higher Mr. BLUMENAUER. Mr. Speaker, I strongly education have earned him hundreds of cov- oppose H.R. 1433, the ‘‘Private Property Monday, February 27, 2012 eted awards, commendations and appoint- Rights Protection Act of 2012.’’ This bill is a ments. Six American presidents have nomi- solution in search of a problem. Its sweeping Mr. MILLER of Florida. Mr. Speaker, I rise nated him to nationally prominent posts. Re- prohibition against the use of eminent domain today to recognize Jeffrey A. Baugus as the cently, President Obama selected him to rep- for economic development that would cripple 2013 Santa Rosa County, Florida Teacher of resent the United States at the UNESCO’s community efforts at a time when they’re the Year and the first Santa Rosa County Mid- World Conference on Higher Education and needed more than ever. dle School teacher to ever win the award. appointed him as chair of the White House There are time honored principles for the Benjamin Franklin once said, ‘‘Tell me, and Commission on Educational Excellence for exercise of eminent domain by State and local I forget. Teach me, and I remember. Involve Hispanic Americans. President Clinton named governments. I support the Constitutional pro- me, and I learn.’’ It is with great honor that I him one of America’s foremost educators and tections already in place to prevent taking of recognize Jeffrey Baugus for his ability to not President George W. Bush nominated him to private property without fair compensation. only teach, but to involve and inspire those the National Institute for Literacy Advisory Governments should certainly exercise great around him. The best teachers are those who Board and the National Economic Summit. care in using eminent domain. not only educate, but those who strive every Among his list of prestigious awards are the Many major economic and ecological initia- day to actively engage their pupils. Mr. ‘‘2008 Charles Kennedy Equity Award,’’ ‘‘2008 tives would be difficult, if not impossible, with- Baugus embodies this spirit. By supplementing Reginald Wilson Diversity Leadership Award,’’ out eminent domain. I believe economic devel- lessons with humor and advanced technology, and the ‘‘2008 Innovator of the Year’’ from the opment is a legitimate use of this tool; my Mr. Baugus gives mathematics a whole new League for Innovation. community has used it for a number of critical meaning to his students. Through his innova- Please join me in honoring Miami Dade Col- developments, including key high tech projects tive teaching practices, he gives his students lege President Eduardo J. Padron for his com- that have laid the foundation for decades of the tools to succeed. mitment to making quality education acces- prosperity. Mr. Baugus’s impact is felt both inside and sible to minorities and for his revolutionary I would support action to prevent abuse and outside the classroom. He proves that edu- contributions to higher education. capricious use of eminent domain. But this bill cation is never ending, and teaches his stu- f would make it nearly impossible for commu- dents there is always room for improvement. nities to use it. This bill is too restrictive and Following this mantra, in 2010, Mr. Baugus RESEARCH WORKS ACT will become an impediment to economic de- completed a Masters in Education in Cur- velopment. Its financial penalties could bank- riculum and Instruction with an emphasis in HON. DARRELL E. ISSA rupt communities and even the risk of poten- Middle School Mathematics. In addition to his OF CALIFORNIA tial future violation of the law could affect a ju- role teaching Algebra I, he is also an active IN THE HOUSE OF REPRESENTATIVES risdiction’s borrowing power today. member of the National Council of Teachers I urge my colleagues to reject this bill. Monday, February 27, 2012 of Mathematics, the Florida Council of Teach- f ers of Mathematics, the Air Force Association, Mr. ISSA. Mr. Speaker, I rise today to offer and the Santa Rosa County Council of Teach- the following statement along with my col- PATRICK H. DALY, JR. ers of Mathematics, where he serves as Presi- league from New York and the original co- dent. Today’s award is not Mr. Baugus’s first, sponsor of H.R. 3699, Representative CARO- HON. ANDY HARRIS and I am sure it will not be his last. Over the LYN B. MALONEY: OF MARYLAND last few years, he was awarded the 2009 Air The introduction of H.R. 3699 has spurred a IN THE HOUSE OF REPRESENTATIVES Force Association (Hurlburt Chapter) Teacher robust, expansive debate on the topics of sci- of the Year, the 2009 Santa Rosa County Mid- entific and scholarly publishing, intellectual Monday, February 27, 2012 dle School Math Teacher of the Year, the property protection, and public access to fed- Mr. HARRIS. Mr. Speaker, today I offer my 2009 QWBMS Rookie of the Year, and 2012 erally funded research. Since its introduction, sincerest thanks and appreciation to my Dis- Teacher of the Year for Woodlawn Beach Mid- we have heard from numerous stakeholders trict Director, Patrick H. Daly, Jr., for his seven dle School. and interested parties on both sides of this im- years of service to me. Pat has been a vital portant issue. part of my staff from before I was even elect- The title of Teacher of the Year is an im- As the costs of publishing continue to be ed to Congress, serving in my Maryland State mense honor and is evidence of Mr. Baugus’s driven down by new technology, we will con- Senate office as a Legislative Assistant. As tireless work and dedication to his students tinue to see a growth in open access pub- District Director to a House freshman, he took and his profession. Mr. Baugus has proven lishers. This new and innovative model ap- on the many logistical challenges of setting up himself to be among Northwest Florida’s finest pears to be the wave of the future. The transi- my three district offices in Kent Island, Salis- teachers. The Santa Rosa County, Florida tion must be collaborative, and must respect bury, and Bel Air. He also oversaw my case- School District is honored to have him as one copyright law and the principles of open ac- work operations, which provided help to 1,200 of its own. cess. The American people deserve to have constituents in the last year. He coordinated Mr. Speaker, on behalf of the United States access to research for which they have paid. many constituent events and town hall meet- Congress, I am proud to recognize Jeffrey This conversation needs to continue and we ings to keep me in tune with my District and Baugus on this achievement and his exem- have come to the conclusion that the Re- hear the voice of the people. Simply put, Pat plary service in the Santa Rosa County School search Works Act has exhausted the useful has always been there to see that the job is District. My wife Vicki joins me in congratu- role it can play in the debate. As such, we done, no matter how large or small the task lating Mr. Baugus, and we wish him and his want Americans concerned about access to may be. Pat has crossed the First Congres- family all the best.

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.027 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E254 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 HONORING COMMANDER PAUL B. AZERBAIJAN This record recognizes the Mayan Families’ SPOHN, USN strong partnership with the Upper Arlington HON. VIRGINIA FOXX Rotary Club in jointly creating sustainable hu- OF NORTH CAROLINA manitarian focused projects that provide op- HON. LARRY BUCSHON portunities, hope and a future for the indige- IN THE HOUSE OF REPRESENTATIVES OF INDIANA nous and impoverished people in Guatemala. Monday, February 27, 2012 Your commitment to potable water, children IN THE HOUSE OF REPRESENTATIVES Ms. FOXX. Mr. Speaker, since declaring its and adult nutrition, education and improving Monday, February 27, 2012 independence from the Soviet Union, Azer- basic essential living conditions in the under- baijan has been a valuable ally to the United served communities has had a profound im- Mr. BUCSHON. Mr. Speaker, I rise today to States in a turbulent region. In the true spirit pact. On behalf of the citizens of Ohio’s 15th offer my most heartfelt congratulations to of friendship, it seems appropriate for Con- Congressional District I commend your dedi- Commander Paul B. Spohn, United States gress to note the 20th anniversaries of two im- cated efforts for the families of Guatemala. Navy, for a distinguished career. Commander portant events in their country’s history which f Spohn recently retired as the Commanding Of- take place in late-February. HONORING THE LIVES OF CAPTAIN ficer, Naval Support Activity Crane, one of the February 26 marked the 20th anniversary of many command posts throughout his career. I RYAN P. HALL OF COLORADO the Khojaly Tragedy which is the largest of Az- SPRINGS, COLORADO; CAPTAIN would like to especially recognize Commander erbaijani civilians in the country’s history. Spohn for his leadership at NSA Crane, the NICHOLAS S. WHITLOCK OF The town of Khojaly is located in the NEWNAN, GEORGIA; FIRST LIEU- world’s third largest Naval Installation, based Nagorno-Karabakh region of Azerbaijan and in Indiana’s 8th Congressional District. TENANT JUSTIN J. WILKENS, OF was then home to some 7,000 Azerbaijani citi- BEND, OREGON; AND SENIOR Commander Spohn began his 35 year ca- zens. On February 25–26, 1992, in a period of AIRMAN JULIAN S. SCHOLTEN reer by enlisting in the Navy as a Boiler Tech- less than 12 hours, 613 citizens were slain at OF UPPER MARLBORO, MARY- nician in January 1977 and received his com- the hands of Armenian forces. LAND mission in June 1990 through the Limited Duty In the wake of these atrocities, Human Officer Program. Rights Watch described the advancing forces HON. JEFF MILLER His many achievements in academics and as committing ‘‘unconscionable acts of vio- OF FLORIDA the Navy have made him an officer that all lence against civilians as they fled.’’ Given our IN THE HOUSE OF REPRESENTATIVES sailors and citizens should emulate. His dedi- deepening ties with Azerbaijan it is important cation to our nation has spanned many dec- for American citizens to remember this event. Monday, February 27, 2012 ades and many posts and for that I would like February 28 is the 20th anniversary of the Mr. MILLER of Florida. Mr. Speaker, it is to thank Commander Spohn. establishment of Azerbaijani-American diplo- with deep sympathy and solemn gratitude that matic relations, which is an event forming a I rise to pay tribute to four of our nation’s fall- f partnership which of importance to both coun- en heroes: Captain Ryan P. Hall of Colorado tries. Springs, Colorado; Captain Nicholas S. HONORING THE ESTABLISHMENT The initial focus of these relations was on Whitlock of Newnan, Georgia; First Lieutenant OF THE USO CENTER AT THE trade between the two countries and, in par- Justin J. Wilkens, of Bend, Oregon; and Sen- TAMPA INTERNATIONAL AIR- ticular, Azerbaijan’s abundant natural re- ior Airman Julian S. Scholten of Upper Marl- PORT sources. Today, Azerbaijan is a full partner to boro, Maryland. the United States, working with us and our al- These four brave, young men paid the ulti- lies to safeguard our combined security and mate price in defense of our nation’s freedom HON. RICHARD B. NUGENT prosperity. when their U–28 aircraft went down near OF FLORIDA One of the most telling examples of their Djibouti, Africa on Saturday, February 18, commitment to this partnership came in the 2012. They were members of the United IN THE HOUSE OF REPRESENTATIVES wake of the terrorist attacks of September 11, States Air Force Special Operations Com- Monday, February 27, 2012 2001, when Azerbaijan pledged to stand by mand. Of their dedication to duty, courage of the United States as in our efforts to secure heart, and commitment to their nation, there Mr. NUGENT. Mr. Speaker, on January the homeland and bring justice to the per- can be no doubt. They were living examples 18th, 2012 the USO Board of Governors voted petrators of this tragedy. of the Airman’s Creed, ‘‘I am an American Air- to approve the establishment of the USO Cen- True to its word, Azerbaijan has supported man, guardian of freedom and justice, my na- ter at the Tampa International Airport. allied efforts in the War on Terror by allowing tion’s sword and shield, its sentry and aveng- This has been a long process, but thanks to unrestricted access to its territory for American er. I defend my Country with my life.’’ Upon a hardworking team of volunteers, the USO in aircraft, troops and supplies, as well as com- the altar of freedom, they have fulfilled their Tampa is excited about serving the roughly mitting its own troops to fight alongside our vow to defend their country and paid the ulti- 40,000 active military and their families living own. mate price. in the Tampa Bay area that may use Tampa As these two important anniversaries come The report of this tragic incident pierced the International Airport as well as the approxi- to pass, I join Azerbaijan in mourning those hearts of their families, friends, and the mately 300,000 that fly in and out of the who died in Khojaly, celebrating 20 years of AFSOC community. It reminds us that there is Tampa International Airport on a yearly basis. shared diplomatic relations, and hoping for the no greater sacrifice than that in which one As both a Congressman and a father of continued security and prosperity of our na- gives his life for others. three sons in the U.S. Army, I know how im- tions in an ever-more dangerous world. While there are no words that we can say portant the USO services are to our men and f here on the floor today that will bring back Ryan, Nicholas, Justin, and Julian to those women in uniform. When I visit with the vet- HONORING DWIGHT AND SHARON erans in my district, I hear their stories of who love them and know them best, we can POAGE AND THE MAYAN FAMI- and will honor their service and sacrifice. We watching Bob Hope in the USO Concerts and LIES receiving packages with urgent supplies from have heard many times and know in our the USO on Christmas. Today’s USO centers hearts the truth that Freedom often demands give our active duty heroes a place to relax, HON. STEVE STIVERS of us a heavy and at times unbearable price. if only for a few minutes. OF OHIO It is a burden of loss that rests heavily upon IN THE HOUSE OF REPRESENTATIVES those who love them. The new facility in the Tampa International Mr. Speaker, on behalf of a grateful United Airport will allow members of our local com- Monday, February 27, 2012 States Congress, I stand here today to honor munities the opportunity to recognize the serv- Mr. STIVERS. Mr. Speaker, I rise today to these four men and all of the heroes we have ice and sacrifice of this Nation’s proud active honor and thank Dwight and Sharon Poage lost. My wife, Vicki joins me in offering our duty servicemembers and their families. and the Mayan Families for their extraordinary deepest, most sincere condolences and pray- I am a proud supporter of this outstanding passion for causes that have made enduring ers to their families and friends. May God con- institution and welcome its arrival in the positive differences in people’s lives in the tinue to bless them, the AFSOC community, Tampa International Airport. Lake Atitlan region of Guatemala. and the United States Armed Forces.

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.031 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E255 HONORING THE LIFE OF DAVID N. TRIBUTE TO DR. SUNEDRA KUMAR to serve their communities as teachers and BODDIE KAUSHIK civil servants, and in an array of other critical professions. Moreover, by operating solely on HON. DONNA F. EDWARDS HON. NITA M. LOWEY generous private donations and not charging OF MARYLAND OF NEW YORK any tuition fees, the Mrs. Helena Kaushik Women’s College has made obtaining a high- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES er education possible for numerous low-in- Monday, February 27, 2012 Monday, February 27, 2012 come women. Ms. EDWARDS. Mr. Speaker, I rise to pay Mrs. LOWEY. Mr. Speaker, I rise today to Given Dr. Kaushik’s inspiring work, it comes tribute and honor the life of David N. Boddie, pay tribute to Dr. Sunedra Kumar Kaushik, the as no surprise that President Patil has award- a resident of Bowie in the Fourth Congres- founder and chairman of the Mrs. Helena ed him one of India’s highest honors and that sional District of Maryland, who passed away Kaushik Women’s College in Rajasthan, India, his achievements have been celebrated by on February 16th. As he is interred at Arling- and a constituent in the 18th Congressional both the New York State Assembly and the ton National Cemetery today, I want to re- district of New York. On March 2, Dr. Kaushik New Jersey General Assembly. It is time for member the legacy he leaves behind. will be honored by the Indian Consul General Congress to also recognize Dr. Kaushik’s ex- For more than 40 years, Dave—as he was in New York after receiving the Pravasi traordinary efforts both at home and abroad, affectionately known to his colleagues—was Bharatiya Diwas Samman Award, India’s high- and I urge my colleagues to join me in doing an employee of the U.S. Government Printing est honor for natives living overseas, from so. Office (GPO), which supplies us with the CON- President Pratibha Patil. For decades, Dr. GRESSIONAL RECORD and the documents to Kaushik’s work as a Professor of Finance at conduct the business of this House. f Pace University and his exceptional leadership Before arriving at the GPO, Dave Boddie at Mrs. Helena Kaushik Women’s College TRIBUTE TO CLARENCE LEONARD served as a U.S. Marine in Vietnam, where he have made an extraordinary impact at home, EDWARDS was seriously wounded in combat and re- in the Lower Hudson Valley, and abroad, in ceived the Purple Heart. After returning home, his native India. he worked at the Afro-American Newspaper HON. FREDERICA S. WILSON For more than 35 years, Dr. Kaushik has Company in Baltimore. OF FLORIDA led a distinguished academic career, shaping Dave joined the GPO in 1970 as an appren- IN THE HOUSE OF REPRESENTATIVES tice and three years later was converted to a the minds of generations of young Americans career employee. In 1976, he was promoted at Pace, Boston University, Northeastern Uni- Monday, February 27, 2012 versity, Babson College and other institutions. to a new position as a Photocomposition Ma- Ms. WILSON of Florida. Mr. Speaker, I rise Over this period of time, Dr. Kaushik has pub- chine Operator, taking his place within one of today to pay tribute to Mr. Clarence Leonard lished an impressive number of academic the greatest technology changes in the GPO’s Edwards, a lifelong South Florida community works in economics and finance. history, as the agency converted from hot activist, U.S. Soldier, entrepreneur, pioneer, While completing his PhD at Boston Univer- metal typesetting to electronic photo- beloved son, husband, father, neighbor and sity, Dr. Kaushik met the love of his life, Hel- composition. Two years later, Dave entered friend. the management and supervisory ranks at ena Pokotnicki, of Detroit, Michigan, and the two were married in September of 1973. For Mr. Edwards was born in Jacksonville, Flor- GPO, and he became a Foreperson in 1987. ida on March 3rd, 1930. After attending Ed- In August 1999, Dave was named decades, Mrs. Kaushik employed her skills as a health professional to promote children’s ward Waters College in Jacksonville, he Foreperson-in-Charge, and in 2003, he was moved to Miami. At the age of twenty, he promoted to Assistant to the Production Man- health and education issues in India. On her very first day in India, Mrs. Kaushik wasted no began a career of community service that ager, Night Operations, on the second shift. spanned decades. He continued to rise through the management time making her voice heard, lobbying the Following his service in the U.S. Army, dur- ranks, becoming Printing Officer and Assistant head of the World Health Organization in Delhi ing the Korean War, Mr. Edwards and his first Production Manager in December 2005. on the need to improve health conditions in In 2006, Dave was named the third-shift As- India and to mitigate the adverse effects of wife of 38 years, Olivia Love, settled in sistant Production Manager, effectively becom- open sewers on the Indian population at large. Overtown and became instrumental in commu- ing GPO’s Night Production Manager, with the In 1991, Mrs. Kaushik tragically suffered a nity organizing, voter registration and men- key responsibility for ensuring the completion devastating stroke and since has been cared toring youth. For thirty six years, they ran a community pharmacy that served as a long- of the CONGRESSIONAL RECORD and other con- for by her husband at their home in West- gressional work by morning. Dave was the chester County, New York. Inspired by his standing community gathering place. first African American employee ever named wife’s commitment and work on behalf of the Mr. Edwards had a forty year career with to this position in GPO’s 150-year history of children and women of India, Dr. Kaushik the Seaboard Coastline Railroad (Amtrak). He service to Congress and this Nation. He re- founded the Mrs. Helena Kaushik Women’s is also noted for pioneering blacks in the sport tired from Federal service in 2011. College in Rajasthan, India, in 1999. Watching of race car driving. He has received numerous Dave Boddie’s record of service to our his wife in action, Dr. Kaushik understood the local, state and national awards for community country, both as a Marine and through his ac- tremendous impact hard-working women could and political service including: Governors rec- complished career as a Federal employee at have on their communities across the globe. ognition for his service during Hurricane An- GPO, was characterized by sacrifice, by hard In his native Rajasthan, one of the most pov- drew, Florida Annual Civil Rights Conference work and dedication to duty, and most of all erty-stricken regions of India, Dr. Kaushik was Community Relations award, Proclamation of by achievement, which was recognized by his concerned by the lack of educational opportu- Clarence Edwards Day from Dade County promotions leading ultimately to one of the nities for women. He was especially upset by Mayor, Stephen Clark and City of Opa Locka most critically important positions of leadership the fact that his hometown of Malsisar, Mayor, Robert Ingram. Mr. Edwards has also within GPO. He leaves behind a legacy of Rajasthan, lacked even a male or co-ed col- received several letters of appreciation from service that others can aspire to. lege within a 35 kilometer radius. Presidents, Congressmen and State Rep- Now that his time on earth has come to an For over a decade, the Mrs. Helena Kaushik resentatives. end, it is my hope that David N. Boddie has Women’s College has empowered countless We, the citizens of the 17th Congressional found the peace he has earned. On behalf of women from rural India, training them to be- District, pay tribute to Mr. Clarence Leonard this House, I extend our sincere condolences come integral parts of the Indian economy and Edwards for his stellar service to the people of to his wife, Kim and daughter Monica, and the Indian society. Since its establishment, over Miami-Dade County. thanks of a grateful Nation. 900 of the college’s graduates have gone on

VerDate Mar 15 2010 04:48 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.035 E27FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E256 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2012 SENATE COMMITTEE MEETINGS MARCH 1 session in SVC–217 following the open Title IV of Senate Resolution 4, 9:30 a.m. session. Armed Services SH–216 agreed to by the Senate on February 4, 10 a.m. 1977, calls for establishment of a sys- To hold hearings to examine U.S. Euro- pean Command and U.S. Africa Com- Budget tem for a computerized schedule of all mand in review of the Defense Author- To hold hearings to examine perspectives meetings and hearings of Senate com- ization request for fiscal year 2013 and on the President’s proposed budget re- mittees, subcommittees, joint commit- the Future Years Defense Program; quest for fiscal year 2013 for the De- tees, and committees of conference. with the possibility of a closed session partment of Defense. This title requires all such committees in SVC–217 following the open session. SD–608 to notify the Office of the Senate Daily SH–216 Energy and Natural Resources Digest—designated by the Rules Com- 10 a.m. To hold hearings to examine the Presi- mittee—of the time, place, and purpose Banking, Housing, and Urban Affairs dent’s proposed budget request for fis- To hold hearings to examine the semi- cal year 2013 for the Forest Service. of the meetings, when scheduled, and annual Monetary Policy Report to the SD–366 any cancellations or changes in the Congress. Finance meetings as they occur. SD–538 To hold hearings to examine tax reform As an additional procedure along Budget options, focusing on incentives for cap- with the computerization of this infor- To hold hearings to examine tax reform ital investment and manufacturing. mation, the Office of the Senate Daily to encourage growth, reduce the def- SD–215 Digest will prepare this information for icit, and promote fairness. 10:30 a.m. printing in the Extensions of Remarks SD–608 Homeland Security and Governmental Af- section of the CONGRESSIONAL RECORD Commerce, Science, and Transportation fairs on Monday and Wednesday of each To hold an oversight hearing to examine To hold hearings to examine the nomina- the cruise ship industry, focusing on if tion of Tony Hammond, of Missouri, to week. current regulations are sufficient to be a Commissioner of the Postal Regu- Meetings scheduled for Tuesday, Feb- protect passengers and the environ- latory Commission. ruary 28, 2012 may be found in the ment. SD–342 Daily Digest of today’s RECORD. SR–253 2:30 p.m. Foreign Relations Foreign Relations MEETINGS SCHEDULED To hold hearings to examine Syria, fo- To hold hearings to examine the Presi- FEBRUARY 29 cusing on the crisis and its implica- dent’s proposed budget request for fis- tions. cal year 2013 for international develop- 9:30 a.m. SD–419 ment priorities. Appropriations Judiciary SD–419 Department of the Interior, Environment, Business meeting to consider S. 1002, to Homeland Security and Governmental Af- and Related Agencies Subcommittee prohibit theft of medical products, and fairs To hold hearings to examine proposed the nominations of Andrew David To hold hearings to examine the nomina- budget estimates for fiscal year 2013 for Hurwitz, of Arizona, to be United tions of Mark A. Robbins, of California, the Department of the Interior. States Circuit Judge for the Ninth Cir- to be a Member of the Merit Systems SD–124 cuit, Patty Shwartz, of New Jersey, to Protection Board, and Roy Wallace 10 a.m. be United States Circuit Judge for the McLeese III, to be an Associate Judge Budget Third Circuit, Jeffrey J. Helmick, to be of the District of Columbia Court of To hold hearings to examine putting United States District Judge for the Appeals. health care spending on a sustainable Northern District of Ohio, Mary Geiger SD–342 path. Lewis, to be United States District SD–608 Judge for the District of South Caro- MARCH 7 Health, Education, Labor, and Pensions lina, Timothy S. Hillman, to be United Primary Health and Aging Subcommittee 9:30 a.m. States District Judge for the District To hold hearings to examine dental crisis Agriculture, Nutrition, and Forestry in America, focusing on the need to ex- of Massachusetts, and Thomas M. Har- To hold hearings to examine healthy pand access. rigan, of New York, to be Deputy Ad- food initiatives, local production, and SD–430 ministrator of Drug Enforcement, De- nutrition. Judiciary partment of Justice. SH–216 To hold hearings to examine the ‘‘Due SD–226 10 a.m. Process Guarantee Act’’, focusing on Appropriations Agriculture, Nutrition, and Forestry banning indefinite detention of Ameri- Transportation and Housing and Urban De- To hold hearings to examine risk man- cans. velopment, and Related Agencies Sub- agement and commodities in the 2012 SD–226 committee farm bill. Veterans’ Affairs To hold hearings to examine proposed SH–216 To hold hearings to examine the Presi- budget estimates for fiscal year 2013 for Veterans’ Affairs dent’s proposed budget request for fis- the Department of Housing and Urban To hold joint hearings to examine a leg- cal year 2013 for Veterans’ Programs. Development. islative presentation from the Veterans SR–418 SD–138 of Foreign Wars (VFW). 10:30 a.m. 2:30 p.m. SD–G50 Appropriations Appropriations 2:30 p.m. Department of Defense Subcommittee Legislative Branch Subcommittee Energy and Natural Resources To hold hearings to examine proposed To hold hearings to examine proposed National Parks Subcommittee budget estimates for fiscal year 2013 for budget estimates for fiscal year for 2013 To hold hearings to examine S. 29, to es- the Department of the Army. for the Office of the Architect of the tablish the Sacramento-San Joaquin SD–192 Capitol, the Library of Congress, the Delta National Heritage Area, S. 1150, 11 a.m. Office of Compliance, and the Open to establish the Susquehanna Gateway Foreign Relations World Leadership Center. National Heritage Area in the State of To receive a closed briefing on the crisis SD–138 Pennsylvania, S. 1191, to direct the in Syria. Intelligence Secretary of the Interior to carry out a SVC–217 To hold closed hearings to examine cer- study regarding the suitability and fea- 2:30 p.m. tain intelligence matters. sibility of establishing the Naugatuck Judiciary SH–219 River Valley National Heritage Area in To hold hearings to examine the nomina- Connecticut, S. 1198, to reauthorize the tions of Richard Gary Taranto, of MARCH 6 Essex National Heritage Area, S. 1215, Maryland, to be United States Circuit 9:30 a.m. to provide for the exchange of land lo- Judge for the Federal Circuit, Armed Services cated in the Lowell National Historical Gershwin A. Drain, to be United States To hold hearings to examine U.S. Central Park, S. 1589, to extend the authoriza- District Judge for the Eastern District Command and U.S. Special Operations tion for the Coastal Heritage Trail in of Michigan, and Robin S. Rosenbaum, Command in review of the Defense Au- the State of New Jersey, S. 1708, to es- to be United States District Judge for thorization request for fiscal year 2013 tablish the John H. Chafee Blackstone the Southern District of Florida. and the Future Years Defense Pro- River Valley National Historical Park, SD–226 gram; with the possibility of a closed H.R. 1141, to authorize the Secretary of

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HIGHLIGHTS Senator Shaheen read Washington’s Farewell Address. Senate By 86 yeas to 2 nays (Vote No. EX. 23), Margo Chamber Action Kitsy Brodie, of New York, to be United States Dis- Routine Proceedings, pages S1029–S1062 trict Judge for the Eastern District of New York. Measures Introduced: Four bills were introduced, Pages S1039–41, S1062 as follows: S. 2131–2134. Page S1049 Messages from the House: Page S1048 Measures Reported: Measures Read the First Time: Page S1048 S. 179, to expand the boundaries of the Gulf of Executive Communications: Pages S1048–49 the Farallones National Marine Sanctuary and the Additional Cosponsors Pages S1049–51 Cordell Bank National Marine Sanctuary. (S. Rept. No. 112–149) Additional Statements: Pages S1047–48 S. 646, to reauthorize Federal natural hazards re- Amendments Submitted: Pages S1051–61 duction programs, with an amendment in the nature Notices of Hearings/Meetings: Pages S1061–62 of a substitute. (S. Rept. No. 112–150) S. 962, to reauthorize the Northwest Straits Ma- Privileges of the Floor: Page S1062 rine Conservation Initiative Act to promote the pro- Record Votes: One record vote was taken today. tection of the resources of the Northwest Straits. (S. (Total—23) Page S1041 Rept. No. 112–151) Adjournment: Senate convened at 2 p.m. and ad- S. 2132, to amend the Internal Revenue Code of journed at 7:05 p.m., until 10 a.m. on Tuesday, 1986 to provide for the extension of highway-related February 28, 2012. (For Senate’s program, see the re- taxes and trust fund expenditures, to provide reve- marks of the Acting Majority Leader in today’s nues for highway programs. (S. Rept. No. 112–152) Record on page S1062.) Page S1049 Nomination Confirmed: Senate confirmed the fol- Committee Meetings lowing nomination: (Committees not listed did not meet) No committee meetings were held.

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VerDate Mar 15 2010 04:10 Feb 28, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC D27FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST February 27, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D147 House of Representatives of 2012’’. Testimony was heard from public wit- Chamber Action nesses. Public Bills and Resolutions Introduced: 4 public bills, H.R. 4089–4092, and 3 resolutions, H. Res. PROTECTING ACADEMIC FREEDOM IN 562, 564–565, were introduced. Pages H965–66 HIGHER EDUCATION ACT Additional Cosponsors: Pages H966–67 Committee on Rules: Full Committee held a hearing on Reports Filed: Reports were filed today as follows: H.R. 2117, the ‘‘Protecting Academic Freedom in H.R. 665, to establish a pilot program for the ex- Higher Education Act’’. The Committee granted, by pedited disposal of Federal real property, with an voice vote, a structured rule providing one hour of amendment (H. Rept. 112–402); general debate equally divided and controlled by the H.R. 1837, to address certain water-related con- chair and ranking minority member of the Com- cerns on the San Joaquin River, and for other pur- mittee on Education and the Workforce. The rule poses, with an amendment (H. Rept. 112–403); and waives all points of order against consideration of the H. Res. 563, providing for consideration of the bill bill. The rule provides that the amendment in the (H.R. 2117) to prohibit the Department of Edu- nature of a substitute recommended by the Com- cation from overreaching into academic affairs and mittee on Education and the Workforce now printed program eligibility under title IV of the Higher in the bill shall be considered as original text for the Education Act of 1965 (H. Rept. 112–404). purpose of amendment and shall be considered as Page H965 read. The rule waives all points of order against the Speaker: Read a letter from the Speaker wherein he committee amendment in the nature of a substitute. appointed Representative Denham to act as Speaker The rule makes in order only those amendments pro tempore for today. Page H951 printed in the Rules Committee report accom- Recess: The House recessed at 2:14 p.m. and recon- panying the resolution. Each such amendment may vened at 4 p.m. Page H953 be offered only in the order printed in the report, Suspensions: The House agreed to suspend the rules may be offered only by a Member designated in the and agree to the following measure: report, shall be considered as read, shall be debatable Federal Restricted Buildings and Grounds Im- for the time specified in the report equally divided provement Act: Concurred in the Senate amendment and controlled by the proponent and an opponent, to H.R. 347, to correct and simplify the drafting of shall not be subject to amendment, and shall not be section 1752 (relating to restricted buildings or subject to a demand for division of the question. The rule waives all points of order against the amend- grounds) of title 18, United States Code, by a 2⁄3 yea-and-nay vote of 388 yeas to 3 nays, Roll No. 73. ments printed in the report. Finally, the rule pro- Pages H953–54, S954–55 vides one motion to recommit with or without in- structions. Testimony was heard from Representa- Recess: The House recessed at 4:14 p.m. and recon- tives Foxx and Hinojosa. vened at 6:30 p.m. Page H954 Moment of Silence: The House observed a moment BUILDING BRIDGES FOR VETERANS of silence in memory of Katie Hall, former Member of Congress. Committee on Veterans’ Affairs: Subcommittee on Health held a hearing entitled ‘‘Building Bridges be- Quorum Calls—Votes: One yea-and-nay vote de- tween VA and Community Organizations to Support veloped during the proceedings of today and appears Veterans and Families’’. Testimony was heard from on pages 954–55. There were no quorum calls. Andy Davis, Director, Saratoga County Veterans Adjournment: The House met at 2 p.m. and ad- Service Agency, New York; John J. Morris, Joint journed at 8:40 p.m. Force Headquarters, Minnesota National Guard; E. Terri LaVelle, Director, Center for Faith-based and Committee Meetings Neighborhood Partnerships, Office of the Secretary, LEGISLATIVE MEASURE Department of Veterans Affairs; Michael McCoy, Sr., Associate Director, National Chaplain Center, Vet- Committee on the Judiciary: Subcommittee on Courts, erans Health Administration, Department of Vet- Commercial, and Administrative Law held a hearing erans Affairs; and public witnesses. on H.R. 4078, the ‘‘Regulatory Freeze for Jobs Act

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Committee on Armed Services: February 28, to hold hear- Maryland, to be United States Circuit Judge for the Fed- ings to examine U.S. Pacific Command and U.S. Trans- eral Circuit, Gershwin A. Drain, to be United States Dis- portation Command in review of the Defense Authoriza- trict Judge for the Eastern District of Michigan, and tion request for fiscal year 2013 and the Future Years De- Robin S. Rosenbaum, to be United States District Judge fense Program; with the possibility of a closed session in for the Southern District of Florida, 2:30 p.m., SD–226. SVC–217 following the open session, 9:30 a.m., SD–106. March 1, Full Committee, business meeting to consider March 1, Full Committee, to hold hearings to examine S. 1002, to prohibit theft of medical products, and the U.S. European Command and U.S. Africa Command in nominations of Andrew David Hurwitz, of Arizona, to be review of the Defense Authorization request for fiscal year United States Circuit Judge for the Ninth Circuit, Patty 2013 and the Future Years Defense Program; with the Shwartz, of New Jersey, to be United States Circuit possibility of a closed session in SVC–217 following the Judge for the Third Circuit, Jeffrey J. Helmick, to be open session, 9:30 a.m., SH–216. United States District Judge for the Northern District of Committee on Banking, Housing, and Urban Affairs: Feb- Ohio, Mary Geiger Lewis, to be United States District ruary 28, to hold hearings to examine the state of the Judge for the District of South Carolina, Timothy S. housing market, focusing on removing barriers to eco- Hillman, to be United States District Judge for the Dis- nomic recovery, part II, 10 a.m., SD–538. trict of Massachusetts, and Thomas M. Harrigan, of New March 1, Full Committee, to hold hearings to examine York, to be Deputy Administrator of Drug Enforcement, the semiannual Monetary Policy Report to the Congress, Department of Justice, 10 a.m., SD–226. 10 a.m., SD–538. Committee on Veterans’ Affairs: February 28, to hold joint Committee on the Budget: February 28, to hold hearings hearings to examine a legislative presentation from the to examine the President’s proposed budget request for Disabled American Veterans (DAV), 2:30 p.m., 345, fiscal year 2013 for the Department of Defense, 9:30 Cannon Building. a.m., SD–608. February 29, Full Committee, to hold hearings to ex- February 29, Full Committee, to hold hearings to ex- amine the President’s proposed budget request for fiscal amine putting health care spending on a sustainable path, year 2013 for Veterans’ Programs, 10 a.m., SR–418. 10 a.m., SD–608. Select Committee on Intelligence: February 28, to hold March 1, Full Committee, to hold hearings to examine closed hearings to examine certain intelligence matters, tax reform to encourage growth, reduce the deficit, and 2:30 p.m., SH–219. promote fairness, 10 a.m., SD–608. March 1, Full Committee, to hold closed hearings to Committee on Commerce, Science, and Transportation: March examine certain intelligence matters, 2:30 p.m., SH–219. 1, to hold an oversight hearing to examine the cruise ship industry, focusing on if current regulations are sufficient House Committees to protect passengers and the environment, 10 a.m., SR–253. Committee on Agriculture, February 29, full Committee, Committee on Energy and Natural Resources: February 28, hearing entitled ‘‘The Commodity Futures Trading Com- to hold hearings to examine the President’s proposed mission 2012 Agenda’’, 10 a.m., 1300 Longworth. budget request for fiscal year 2013 for the Department Committee on Appropriations, February 28, Subcommittee of the Interior, 10 a.m., SD–366. on Commerce, Justice, Science, and Related Agencies, Committee on Environment and Public Works: February 28, hearing on FY 2013 Budget for the Department of Jus- Subcommittee on Water and Wildlife, to hold hearings tice, 9 a.m., 2359 Rayburn. to examine local government perspectives on water infra- February 28, Subcommittee on Interior, Environment, structure, 10 a.m., SD–406. and Related Agencies, on FY 2013 Budget for Indian Committee on Foreign Relations: February 28, to hold Health Service, 9:30 a.m., B–308 Rayburn. hearings to examine national security and foreign policy February 28, Subcommittee on Agriculture, Rural De- priorities in the fiscal year 2013 International Affairs velopment, Food and Drug Administration, and Related Budget, 2 p.m., SH–216. Agencies, hearing on FY 2013 Budget for Food, Nutri- February 29, Full Committee, to receive a closed brief- tion, and Consumer Services, USDA, 10 a.m., 2362–A ing on the crisis in Syria, 11 a.m., SVC–217. Rayburn. March 1, Full Committee, to hold hearings to examine February 28, Subcommittee on Homeland Security, Syria, focusing on the crisis and its implications, 10 a.m., hearing on FY 2013 Budget for the Transportation Secu- SD–419. rity Administration, 11 a.m., 2362–B Rayburn. Committee on Health, Education, Labor, and Pensions: Feb- February 28, Subcommittee on Interior, Environment, ruary 29, Subcommittee on Primary Health and Aging, and Related Agencies, hearing on FY 2013 Budget for to hold hearings to examine dental crisis in America, fo- Bureau of Indian Affairs, 1 p.m., B–308 Rayburn. cusing on the need to expand access, 10 a.m., SD–430. February 28, Subcommittee on Energy and Water De- Committee on the Judiciary: February 29, to hold hearings velopment, and Related Agencies, hearing on FY 2013 to examine the ‘‘Due Process Guarantee Act’’, focusing on Budget for the Department of Energy, 2 p.m., 2359 Ray- banning indefinite detention of Americans, 10 a.m., burn. SD–226. February 29, Subcommittee on State, Foreign Oper- February 29, Full Committee, to hold hearings to ex- ations, and Related Programs, hearing on FY 2013 Budg- amine the nominations of Richard Gary Taranto, of et for the Department of State, 10 a.m., 2359 Rayburn.

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February 29, Subcommittee on Homeland Security, from U.S. European Command and U.S. Africa Com- hearing on FY 2013 Budget for Customs and Border Pro- mand, 10 a.m. 2118 Rayburn. tection Agency, 10 a.m., B–318 Rayburn. March 1, full Committee, hearing on Fiscal Year 2013 February 29, Subcommittee on Energy and Water De- National Defense Authorization Budget Request from velopment, and Related Agencies, hearing on FY 2013 U.S. Pacific Command, 10 a.m., 2118 Rayburn. Budget for National Nuclear Security Administration, Committee on the Budget, February 28, full Committee, Department of Energy, Weapons Activities; and National hearing entitled ‘‘Strengthening Health and Retirement Nuclear Security Administration, 10 a.m., 2362–B Ray- Security’’, 10 a.m., 210 Cannon. burn. February 29, full Committee, hearing entitled ‘‘The February 29, Subcommittee on Agriculture, Rural De- Department of Defense and the Fiscal Year 2013 Budg- velopment, Food and Drug Administration, and Related et’’, 2 p.m., 210 Cannon. Agencies, hearing on FY 2013 Budget for the Depart- Committee on Education and the Workforce, February 28, ment of Health and Human Services, Food and Drug Ad- full Committee, markup of the following: H.R. 3989, the ministration, 10 a.m., 2362–A Rayburn. ‘‘Student Success Act’’ and H.R. 3990, the ‘‘Encouraging February 29, Subcommittee on Interior, Environment, Innovation and Effective Teachers Act’’, 10 a.m., 2175 and Related Agencies, hearing on FY 2013 Budget for Rayburn. the Environmental Protection Agency, 1 p.m., 2359 Ray- Committee on Energy and Commerce, February 28, Sub- burn. committee on Energy and Power and Subcommittee on February 29, Subcommittee on Commerce, Justice, Environment and the Economy, joint hearing entitled Science, and Related Agencies, hearing on FY 2013 ‘‘The FY 2013 EPA Budget’’, 10 a.m., 2123 Rayburn. Budget for the Office of Science and Technology Policy, February 28, Subcommittee Oversight and Investiga- 2 p.m., H–309, Capitol. tions, hearing entitled ‘‘Critical Infrastructure Cybersecu- February 29, Subcommittee on Agriculture, Rural De- rity: Assessments of Smart Grid Security’’, 10:15 a.m., velopment, Food and Drug Administration, and Related 2322 Rayburn. Agencies, hearing on FY 2013 Budget for the Depart- February 29, Subcommittee on Health, markup of ment of Agriculture, 2 p.m., 2362–A Rayburn. H.R. 452, the ‘‘Medicare Decisions Accountability Act of March 1, Subcommittee on Homeland Security, hear- 2011’’, 10 a.m., 2123 Rayburn. ing on FY 2013 Budget for National Protection and Pro- March 1, Subcommittee on Health, hearing entitled grams Directorate, 9:30 a.m. This is a closed hearing. ‘‘The FY 2013 HHS Budget’’, 10 a.m., 2123 Rayburn. March 1, Subcommittee on Interior, Environment, and March 1, Subcommittee on Commerce, Manufacturing, Related Agencies, hearing on FY 2013 Fish and Wildlife and Trade, hearing entitled ‘‘Prescription Drug Diversion: Service Budget, 9 a.m., B–308 Rayburn. Combating the Scourge’’, 10:15 a.m., 2322 Rayburn. March 1, Subcommittee on Commerce, Justice, Science, and Related Agencies, hearing on FY 2013 Committee on Financial Services, February 28, Sub- Budget for the U.S. Patent and Trademark Office, 10 committee on Insurance, Housing and Community Op- a.m., H–309, Capitol. portunity, hearing entitled ‘‘Oversight of the Department March 1, Subcommittee on Military Construction, Vet- of Housing and Urban Development’’, 10 a.m., 2128 erans Affairs, and Related Agencies, hearing on FY 2013 Rayburn. Budget for Military Construction, 10 a.m., 2359 Ray- February 29, full Committee, hearing entitled ‘‘Mone- burn. tary Policy and the State of the Economy’’, 10 a.m., 2128 March 1, Subcommittee on Agriculture, Rural Devel- Rayburn. opment, Food and Drug Administration, and Related March 1, Subcommittee on Financial Institutions and Agencies, hearing on FY 2013 budget for the Depart- Consumer Credit, hearing entitled ‘‘Understanding the ment of Agriculture, 10:30 a.m., 2362–A Rayburn. Effects of the Repeal of Regulation Q on Financial Insti- March 1, Subcommittee on Defense, hearing on FY tutions and Small Businesses’’, 9:30 a.m., 2128 Rayburn. 2013 Budget for the Navy/Marine Corps, 1 p.m., H–140, Committee on Foreign Affairs, February 29, full Com- Capitol. mittee, hearing entitled ‘‘Assessing U.S. Foreign Policy Committee on Armed Services, February 28, full Com- Priorities Amidst Economic Challenges: The Foreign Re- mittee, hearing on the Fiscal Year 2013 National Defense lations Budget for Fiscal Year 2013’’, 1:30 p.m., 2172 Authorization Budget Request from the Department of Rayburn. the Air Force, 10 a.m., 2118 Rayburn. March 1, Subcommittee on Terrorism, Nonprolifera- February 28, Subcommittee on Military Personnel, tion, and Trade, markup of H.R. 3783, the ‘‘Countering hearing on Military Personnel Budget Overview—Office Iran in the Western Hemisphere Act of 2012’’, 10:30 of the Secretary of Defense Perspective, 1:30 p.m., 2118 a.m., 2127 Rayburn. Rayburn. Committee on Homeland Security, February 28, Sub- February 29, Subcommittee on Emerging Threats and committee on Counterterrorism and Intelligence, hearing Capabilities, hearing on Department of Defense Fiscal entitled ‘‘Federal Government Intelligence Sharing with Year 2013 Science and Technology Programs, 3 p.m., State, Local and Tribal Law Enforcement: An Assessment 2212 Rayburn. Ten Years After 9/11’’, 10 a.m., 311 Cannon. February 29, full Committee, hearing on Fiscal Year February 29, Subcommittee on Emergency Prepared- 2013 National Defense Authorization Budget Request ness, Response and Communications, hearing entitled

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‘‘The President’s FY 2013 Budget Request for the Federal Committee on Rules, February 28, full Committee, hear- Emergency Management Agency’’, 10 a.m., 311 Cannon. ing on H.R. 1837, the ‘‘San Joaquin Valley Water Reli- March 1, Subcommittee on Oversight, Investigations, ability Act’’, 3 p.m., H–313, Capitol. and Management, hearing entitled ‘‘Building One DHS: Committee on Science, Space, and Technology, February 28, Why Can’t Management Information be Integrated?’’, 10 Subcommittee on Research and Science Education, hear- a.m., 311 Cannon. ing entitled ‘‘An Overview of the National Science Foun- Committee on the Judiciary, February 28, full Committee, dation Budget for Fiscal Year 2013’’, 10 a.m., 2318 Ray- markup of the following: H.R. 4086, the ‘‘Foreign Cul- burn. tural Exchange Jurisdictional Immunity Clarification February 29, Subcommittee on Technology and Inno- Act’’; H.R. 3992, to allow otherwise eligible Israeli na- vation, hearing entitled ‘‘Promoting Innovation, Competi- tionals to receive E–2 nonimmigrant visas if similarly sit- tion, and Economic Growth: Principles for Effective Do- uated United States nationals are eligible for similar non- mestic and International Standards Development’’, 10 immigrant status in Israel; and H.R. 511, to amend title a.m., 2318 Rayburn. 18, United States code, to prohibit the importation of February 29, Subcommittee on Investigations and various injurious species of constrictor snakes’’, 10 a.m., Oversight, hearing entitled ‘‘NASA Cybersecurity: An 2141 Rayburn. Examination of the Agency’s Information Security’’, 2 February 28, full Committee, hearing entitled ‘‘Execu- p.m., 2318 Rayburn. tive Overreach: The HHS Mandate Versus Religious Lib- March 1, full Committee, hearing entitled ‘‘An Over- erty’’, 2:30 p.m., 2141 Rayburn. view of the Department of Energy Research and Develop- February 29, Subcommittee on Crime, Terrorism, and ment Budget for Fiscal Year 2013’’, 9:30 a.m., 2318 Homeland Security, hearing entitled ‘‘The U.S. Depart- Rayburn. ment of Justice Community Oriented Policing Services Committee on Transportation and Infrastructure, February Office’’, 10 a.m., 2141 Rayburn. 28, Subcommittee on Water Resources and Environment, Committee on Natural Resources, February 28, Sub- hearing entitled ‘‘Review of Innovative Financing Ap- committee on National Parks, Forests and Public Lands, proaches for Community Water Infrastructure Projects— hearing entitled ‘‘FY 2013 budget requests from the Na- Part I’’, 10 a.m., 2167 Rayburn. tional Park Service and the Bureau of Land Manage- February 29, Subcommittee on Coast Guard and Mari- ment’’, 10 a.m., 1324 Longworth. time Transportation, hearing entitled ‘‘A Review of March 1, Subcommittee on Indian and Alaska Native Cruise Ship Safety and Lessons Learned from the COSTA Affairs, hearing on H.R. 1272, the ‘‘Minnesota Chippewa CONCORDIA Accident’’, 10 a.m., 2167 Rayburn. Tribe Judgment Fund Distribution Act of 2011’’, 11 Committee on Ways and Means, February 28, full Com- a.m., 1324 Longworth. mittee, hearing on President Obama’s Fiscal Year 2013 Committee on Oversight and Government Reform, February Budget Proposal for the Department of Health and 28, full Committee, hearing entitled ‘‘Government 2.0: Human Services, 1 p.m., 1100 Longworth. GAO Unveils New Duplicative Program Report’’, 9:30 February 29, full Committee, hearing on President a.m., 2154 Rayburn. Obama’s trade policy agenda, 10 a.m., 1100 Longworth. February 29, Subcommittee on Federal Workforce, House Permanent Select Committee on Intelligence, February U.S. Postal Service and Labor Policy, hearing entitled 29, full Committee, hearing on ongoing intelligence ac- ‘‘Honoring George Washington’s Legacy: Does America tivities, 3 p.m., HVC–304. This is a closed hearing. Need a Reminder?’’ 10 a.m., 2247 Rayburn. February 29, Subcommittee on National Security, Joint Meetings Homeland Defense and Foreign Operations, hearing enti- Commission on Security and Cooperation in Europe: Feb- tled ‘‘Preventing Stolen Valor: Challenges and Solutions’’, ruary 28, to hold hearings to examine clarifying the fate 10 a.m., 2154 Rayburn. of missing persons in the Organization for Security and March 1, Subcommittee on Government Organization, Cooperation in Europe (OSCE) region, focusing on locat- Efficiency and Financial Management, hearing entitled ing and identifying persons missing as a result of con- ‘‘The Status of Government Financial Management: A flicts, trafficking in humans and human rights violations, Look at the FY 2011 Consolidated Financial Statements’’, as well as natural or manmade disasters, 2 p.m., 2172, 10 a.m., 2154 Rayburn. Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, February 28 10 a.m., Tuesday, February 28

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of Program for Tuesday: (Consideration of H.R. 2117— morning business until 12:30 p.m. Protecting Academic Freedom in Higher Education Act (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (Subject to a Rule). respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Foxx, Virginia, N.C., E254 Nugent, Richard B., Fla., E254 Garrett, Scott, N.J., E244, E250 Payne, Donald M., N.J., E248 Adams, Sandy, Fla., E242, E245 Gerlach, Jim, Pa., E241 Pelosi, Nancy, Calif., E244 Bachmann, Michele, Minn., E244 Gingrey, Phil, Ga., E243, E244, E247 Rangel, Charles B., N.Y., E250 Barletta, Lou, Pa., E245 Gohmert, Louie, Tex., E241 Sarbanes, John P., Md., E242 Berman, Howard L., Calif., E248 Harris, Andy, Md., E253 Schiff, Adam B., Calif., E252 Blumenauer, Earl, Ore., E253 Hastings, Alcee L., Fla., E251 Sessions, Pete, Tex., E249 Bucshon, Larry, Ind., E254 Herger, Wally, Calif., E247 Coffman, Mike, Colo., E246 Issa, Darrell E., Calif., E253 Smith, Adam, Wash., E243, E247 Connolly, Gerald E., Va., E248 Kind, Ron, Wisc., E247 Stivers, Steve, Ohio, E254 Courtney, Joe, Conn., E251 Latham, Tom, Iowa, E242 Terry, Lee, Nebr., E245, E246 DeGette, Diana, Colo., E249 Lowey, Nita M., N.Y., E250, E255 Towns, Edolphus, N.Y., E242, E246 Edwards, Donna F., Md., E255 Maloney, Carolyn B., N.Y., E252 Visclosky, Peter J., Ind., E241 Eshoo, Anna G., Calif., E241 Michaud, Michael H., Me., E243, E245, E247 Wilson, Frederica S., Fla., E250, E252, E255 Fattah, Chaka, Pa., E245 Miller, Jeff, Fla., E249, E251, E252, E253, E254 Wolf, Frank R., Va., E243

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